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ZONING BY-LAW
By-Law No. 2014-45
CONSOLIDATION JANUARY 1, 2026
Adopted July 8, 2014
Bracebridge, Ontario
Zoning By-law Consolidation
List of By-law Amendments included in this consolidation
(January 1, 2026)
By-law
Number
Change in designation
Date Passed
Schedule/
Table
2014/04
Amend Zoning By-law 87-9 (Springer), as
amended by By-law 2013/58, to CF and R4
21-Jan-2014
SF5
2014/25
Amend Zoning By-law 86-4 (Springer), to R1
18-Mar-2014
SF4
2014/26
Amend Zoning By-law 87-9 (Springer), to R4
18-Mar-2014
SF5
2014/56
C2-2
12-Aug-2014
SF5
2014/76
SR-2
2-Dec-2014
G4-3
2014/77
R4
2-Dec-2014
G4-2
2015/21
SR-3
Repealed by By-law 2018-37
17-Mar-2015
H5-4
2015/59
Table 6.3 Residential Zone Requirements: Height
of Accessory Structures in R, R2, R3, R4, SR, RR,
MRH, RU, A1, A2
14-Jul-2015
6.3
9.3
2015/60
C2
14-Jul-2015
SF4
2015/61
RU-3
14-Jul-2015
F5-4
2015/67
SR-4
11-Aug-2015
D4-3
2015/68
R2
11-Aug-2015
G4-2
2016/02
From C1 to R3-1
19-Jan-2016
SF6
2016/42
From C3 to RU
19-Apr-2016
K1
2016/43
From SR with HZ overlay to C3 with HZ overlay
19-Apr-2016
G4-4
2016/44
From RU to RU-4
19-Apr-2016
H3-2, H3-4
2016/66
From C3 to R1-1 and R4-1
21-Jun-2016
SF5
2016/67
From RU to RU-5
21-Jun-2016
E5-1
2016/77
From RU with HZ overlay to C3 with HZ overlay
9-Aug-2016
H5-1
2016/78
From R1 to R2
9-Aug-2016
SF5
By-law
Number
Change in designation
Date Passed
Schedule/
Table
2016/79
From R1 with HZ overlay to SR-5 with HZ overlay
9-Aug-2016
H5-1, H5-3
2017/13
From CF to R2-1
21-Feb-2017
SF2
2017/14
From RU with HZ overlay to SR-6 with HZ overlay
21-Feb-2017
C3
2017/15
From R1, R1 (H-2), and R4 (H-2) to R2 and R3
21-Feb-2017
SF8
2017/47
From SR to SR-7
16-May-2017
H4-2
2017/70
From C1 to R1
5-Sept-2017
SF4, SF5
2017/82
From C2 to R2
20-Sept-2017
F3-3
2017/83
General Amendments
21-Nov-2017
Various
2018/37
From SR-3with HZ overlay to SR with HZ overlay
and RR
Repeals By-law 2015-21
April 17, 2018
H5-4
2018/38
From R2 to C1-1
April 17, 2018
SF5
2018/39
From C2 to R4
April 17, 2018
SF5
2018/40
From M2-1 to M2-1(T) (temporary use)
April 17, 2018
G5-1
2018/62
From C2 to RR
July 10, 2018
SF1
2018/63
From C1 to R3
July 10, 2018
SF5
2018/64
From RU to RU-6
April 17, 2018
L-1
2019/21
From A1 to RR-1
March 19, 2019
G3-3
2019/22
From C3 to SR
March 19, 2019
H5-1
2019/42
From RU to C1
March 21, 2019
C4-3
2019/58
From R2 to C1-2
July 16, 2019
SF1
2019/59
From SR Zone with Hazard Overlay to SR-9
July 16, 2019
E3-4
2019/71
From R1 to R1-2
August 13, 2019
SF-7
2019/72
From SR-6 to SR-10
August 13, 2019
C-3
2019/97
From CF to RR
December 3, 2019
F5-1
2020/16
From RU to CF
February 25, 2020
G4-2
2020/21
From R1 to R1-3
July 14, 2020
SF1
2020/22
From R1 to R1-4
July 14, 2020
SF2
2020/54
From RU to C1-3
October 20, 2020
E5-2
2020/55
From R4 to C2
October 20, 2020
G5-4
2020/56
From M2 to M1
October 20, 2020
SF4
2020/61
From RR to RR-3
January 19, 2021
F2-1
2020/69
From R1 to R3
December 1, 2020
SF3
2020/77
From C3 to SR-11
December 15,
2020
C6
2020/78
From M2 with HZ to R2 and HZ
December 15,
2020
SF4
2021/06
From R2 to R2-2
February 2, 2021
SF-4
2021/16
From R2 to R3-2, C2, and R2-H
March 16, 2021
F2-2
2021/30
From RU to Ru-7
April 20, 2021
F3-1
2021/51
From RU to RU-8
July 13, 2021
J2
2021/52
From RU to RU-9(a) and RU-9(b)
July 13, 2021
SF-9
2021/57
From M1 to M2
August 17, 2021
G6
2021/70
From SR and RU to SR-13
October 19, 2021
H3-4
2022/01
From C1 to R3-4
January 18, 2022
F3-1
2022/03
From RU to C2
January 18, 2022
SF-6
2022/04
From R1 to R2-3
January 4, 2022
SF-2
2022/13
From RR to RR-4
January 18, 2022
G6
2022/28
From SR to SR-14
April 5, 2022
M-1
2022/33
From SR to SR-15
April 5, 2022
C-6
2022/39
From R2 to R3
June 21, 2022
F3-1
2022/60
From R1 to R3-5
June 21, 2022
SF-6
2022/66
From SR to SR-12
July 12, 2022
H5-2
2022/74
From R1 to R2
July 12, 2022
SF-8
2022/75
From CF to RR
July 12, 2022
F5-1
2022/76
From RU to RU-10
July 12, 2022
E2
2022/83
From SR to SR-16
August 9, 2022
E4-2
2022/84
From RU to RU-11
August 9, 2022
I1
2022/91
From RU-2 to SR & SR-17
October 4, 2022
E4-4
2022/97
From OS to RU & SR
October 18, 2022
J5 & J6
2023/06
From R3 to C1-4
February 7, 2023
SF-5
2023/39
From R3 to R3-6
April 18, 2023
SF-5
2023/46
General Amendments
May 16, 2023
Various
2023/56
From C3 to SR-18
June 20, 2023
J1
2023/57
From RU to RU-12
June 20, 2023
SF-8
2023/58
From M1 to M1-1
June 20, 2023
G5-1
2023/66
From C1 to R4
August 15, 2023
SF5
2023/80
From R2-1 to R4-4
October 17, 2023
SF-2
2023/84
From RU to SR-8
November 7, 2023
E4-3
2024/30
From SR to C3
April 16, 2024
H4-2
2024/38
From MHR to R1
May 21, 2024
SF-3
2024/39
From RU to R2
May 21, 2024
SF7
2024/40
From A1 to RU
May 21, 2024
F4-4
2024/41
From A2 to A1
May 21, 2024
G3-2
2024/43
From SR to C3-2
May 21, 2024
K1
2024/59
From RU to SR
August 13, 2024
J1
2024/61
From RU to SR-20
August 13, 2024
F2-1
2024/64
From SR to RR
August 13, 2024
E2
2024/65
From SR to SR-19
August 13, 2024
H5-1
2024/71
From SR to SR-21
September 17,
2024
D5-4
2024/77
From RR to R2
October 15, 2024
SF1
2025/10
From R1 to C2-3
January 23, 2025
B2-1
2025/36
From RU to RR-6
April 15, 2025
F4-4
2025/45
From R2 and R3 to R4
May 20, 2025
SF2
2025/47
From RR and A1 to A1-1
May 20, 2025
G3-4, H3-2
2025/58
From SR to C3-2
July 8, 2025
H4-2
2025/59
From SR to SR-22
July 8, 2025
F5-4
2025/66
From RU to RU-14
August 12, 2025
E5-3
2025/67
From SR-20 to SR-23
August 12, 2025
F2-1
2025/71
From RR to C3-2
September 16, 2025
H4-2
2025/83
From C3 to SR-24
October 21, 2025
H3-4
2025/90
From R1 to R1-5
November 18, 2025
SF2
2025/91
From RU-6 to SR
November 18, 2025
L1
2025/104 From RU to RR-7
December 16, 2025
G4-4
Municipality of/Municipalite de
West Nipissing Ouest
Comprehensive Zoning By-law
Table of Contents
Section 1 - Administration and Interpretation ............................................................................................ 1
1.1
Title ............................................................................................................................................... 1
1.2
Application .................................................................................................................................... 1
1.3
Administration and Enforcement ................................................................................................. 1
1.4
Conformity and Compliance with By-law...................................................................................... 1
1.5
Interpretation................................................................................................................................ 2
1.6
Penalties for Contravention .......................................................................................................... 2
1.7
Severability .................................................................................................................................... 2
1.8
Technical Revisions to the By-law ................................................................................................. 2
1.9
Transition Provisions ..................................................................................................................... 3
Section 2: Establishment of Zones ............................................................................................................. 4
2.1
Zones & Zone Symbols .................................................................................................................. 4
2.2
Zone Schedules ............................................................................................................................. 5
2.3
Zoning of Lands not shown on Schedules ..................................................................................... 5
2.4
Zoning of Water and Islands ......................................................................................................... 5
2.5
Site Specific Zones ......................................................................................................................... 5
2.6
Overlay Zones................................................................................................................................ 5
2.7
Holding Zones................................................................................................................................ 6
2.8
Determining Zone Boundaries ...................................................................................................... 6
2.9
Limited Service Areas .................................................................................................................... 6
2.10
Multiple Uses on One Lot .............................................................................................................. 6
2.11
Multiple Zones on One Lot ............................................................................................................ 6
Section 3: Definitions ................................................................................................................................. 7
Section 4: General Provisions .................................................................................................................. 26
4.1
Accessory Dwelling Unit .............................................................................................................. 26
4.2
Accessory Uses, Buildings and Structures ................................................................................... 26
4.3
Bed and Breakfast Establishment ............................................................................................... 31
4.4
Dwelling Units in Non-Residential Buildings: .............................................................................. 32
4.5
Dwelling Units Per Lot: ................................................................................................................ 32
4.6
Established Building Line ............................................................................................................. 32
4.7
Hazard Zone Overlay ................................................................................................................... 32
4.8
Group Home: ............................................................................................................................... 33
4.9
Height Exceptions ....................................................................................................................... 34
4.10
Home Industry ............................................................................................................................ 34
4.11
Home Occupation ....................................................................................................................... 35
4.12
Landscaping and Buffers ............................................................................................................. 36
4.13
Lighting ........................................................................................................................................ 36
4.14
Minimum Separation Distances for Farms: ................................................................................ 36
4.15
Motor Vehicle Service Stations and Fuel Bars ............................................................................ 37
4.16
Non-complying Lots, Buildings and Structures ........................................................................... 37
4.17
Non-conforming Uses ................................................................................................................. 38
4.18
Outdoor Storage, Display of Goods and Material ....................................................................... 39
4.19
Permitted Uses in All Zones ........................................................................................................ 40
4.20
Public uses ................................................................................................................................... 41
4.21
Pits and Quarries ......................................................................................................................... 41
4.22
Prohibited Uses/Activities: .......................................................................................................... 41
4.23
Public Road, Private Road, Condominium Access or Navigable Waterway ................................ 43
4.24
Seasonal Residential Conversions: .............................................................................................. 44
4.25
Sight Triangles ............................................................................................................................. 44
4.26
Signs: ........................................................................................................................................... 44
4.27
Special Setback Requirements .................................................................................................... 44
4.28
Temporary Uses .......................................................................................................................... 45
4.29
Through Lots ............................................................................................................................... 46
4.30
Trailers, Motor Homes and Campers .......................................................................................... 46
4.31
Waste Management Influence Area Overlay .............................................................................. 46
4.32
Water Supply and Sewage Disposal Systems: ............................................................................. 46
4.33
Wayside Pits and Quarries and Portable Asphalt Plants ............................................................. 47
Section 5: Parking and Loading Requirements ........................................................................................ 48
5.1
General ........................................................................................................................................ 48
5.2
Parking Space Requirements ...................................................................................................... 48
5.2.1
Number of Parking Spaces: ................................................................................................. 48
5.2.2
Parking Space Calculation ................................................................................................... 51
5.2.3
More than One Use on a Lot ............................................................................................... 51
5.2.4
Parking Space Size: A motor vehicle parking space shall have .......................................... 51
5.2.5
Width of Aisles .................................................................................................................... 51
5.2.6
Width of Access Ramps and Driveways .............................................................................. 51
5.2.7
Tandem Parking .................................................................................................................. 52
5.2.8
Parking Area Surface Treatment ......................................................................................... 52
5.2.9
Location of Required Parking Spaces .................................................................................. 52
5.2.10
Parking Area Location on a Lot............................................................................................ 52
5.2.11
Parking Illumination ............................................................................................................ 53
5.3
Designated Accessible Parking .................................................................................................... 53
5.3.1
Number of Accessible Parking Spaces Required ................................................................. 53
5.3.2
Parking Space Size: .............................................................................................................. 53
5.4
Queuing Lane Requirements (Drive through service) ................................................................. 54
5.4.1
Where drive-through service facilities are permitted ........................................................ 54
5.4.2
Location of Ingress and Egress Spaces ................................................................................ 54
5.4.3
Length of Queuing Lane ...................................................................................................... 54
5.4.4
Size of Queuing Space ......................................................................................................... 54
5.5
Parking of Special Vehicles .......................................................................................................... 55
5.5.1
Vehicle Storage and Display ................................................................................................ 55
5.5.2
Parking of Boats and Recreational Trailers ......................................................................... 55
5.5.3
Parking of School Buses ...................................................................................................... 55
5.5.4
Prohibition on Parking of Unlicensed Motor Vehicles ........................................................ 55
5.6
Loading Space Requirements ...................................................................................................... 56
5.6.1
Off-Street Loading Spaces ................................................................................................... 56
5.6.2
Size of Loading Space/Loading Area ................................................................................... 56
5.6.3
Location of Loading Spaces ................................................................................................. 56
5.6.4
Access to Loading Spaces .................................................................................................... 56
Section 6: Residential Zones .................................................................................................................... 57
6.1
Establishment of Residential Zones ............................................................................................ 57
6.2
General Prohibition ..................................................................................................................... 57
6.3
Permitted Uses ............................................................................................................................ 57
6.4
Lot Requirements ........................................................................................................................ 59
6.5
Residential Exceptions ................................................................................................................ 60
Section 7: Commercial Zones ................................................................................................................... 64
7.1
Establishment of Commercial Zones ........................................................................................... 64
7.2
General Prohibition ..................................................................................................................... 64
7.3
Permitted Uses ............................................................................................................................ 64
7.4
Lot Requirements ........................................................................................................................ 66
7.5
Commercial Exceptions ............................................................................................................... 68
7.5.1
Exceptions to General Commercial (C1) Zone..................................................................... 67
7.5.2
Exceptions to Highway Commercial (C2) Zone ................................................................... 68
7.5.3
Exceptions to Tourist Commercial (C3) Zone ...................................................................... 69
Section 8: Industrial Zones ....................................................................................................................... 70
8.1
Establishment of Industrial Zones ............................................................................................... 70
8.2
General Prohibition ..................................................................................................................... 70
8.3
Permitted Uses ............................................................................................................................ 70
8.4
Lot Requirements ........................................................................................................................ 72
8.5
Industrial Exceptions ................................................................................................................... 73
8.5.1
Exceptions to Light Industrial (M1) Zone ............................................................................ 74
8.5.2
Exceptions to Heavy Industrial (M2) Zone .......................................................................... 74
8.5.3
Exceptions to Extractive Industrial (M3) Zone .................................................................... 74
8.5.4
Exceptions to Waste Disposal Industrial (M4) Zone ........................................................... 74
Section 9: Agricultural and Rural Zones ................................................................................................... 75
9.1
Establishment of Agricultural and Rural Zones ........................................................................... 75
9.2
General Prohibition ..................................................................................................................... 75
9.3
Permitted Uses ............................................................................................................................ 75
9.4
Lot Requirements ........................................................................................................................ 77
9.5
Agricultural and Rural Exceptions ............................................................................................... 78
9.5.1
Exceptions to Agricultural One (A1) Zone ........................................................................... 78
9.5.2
Exceptions to Agricultural Two (A2) Zone ........................................................................... 78
9.5.3
Exceptions to Rural (RU) Zone ............................................................................................ 78
Section 10: Other Zones ............................................................................................................................. 80
10.1
Establishment of Other Zones ..................................................................................................... 80
10.2
General Prohibition ..................................................................................................................... 80
10.3
Permitted Uses ............................................................................................................................ 80
10.4
Lot Requirements ........................................................................................................................ 81
10.5
Other Zone Exceptions ................................................................................................................ 82
10.5.1
Exceptions to Crown Land (CL) Zone ................................................................................... 82
10.5.2
Exceptions to Provincially Significant Wetland (PSW) Zone ............................................... 82
10.5.3
Exceptions to Community Facilities (CF) Zone .................................................................... 82
10.5.4
Exceptions to Open Space (OS) Zone .................................................................................. 82
Section 11: Holding Zones .......................................................................................................................... 83
11.1
Establishment of Holding Zones.................................................................................................. 83
11.2
Requirements for removal of Holding provision......................................................................... 83
Section 12: Temporary Use ........................................................................................................................ 85
Section 13: Enactment ............................................................................................................................... 85
13.1
Repeal of former By-laws ............................................................................................................ 85
13.2
Effective Date .............................................................................................................................. 85
13.3
Enactment (Readings) ................................................................................................................. 86
APPENDICES
A.
Metric / Imperial Conversion Table
B.
Illustrations
C.
MDS Calculations
Municipality of/Municipalite de
West Nipissing Ouest
Comprehensive Zoning By-law 2014-45
Consolidation to: June 1, 2018
Section 1 - Administration and Interpretation
1.1
Title
This by-law shall be known as the "Municipality of West Nipissing Zoning By-Law".
1.2
Application
a) The provisions of this By-law apply to all lands including islands within the boundaries of the
Municipality of West Nipissing.
b) The provisions of this By-law may not apply to Crown Land. However, this By-law reflects the
established planning policies of the Municipality and it is intended that the Crown shall have
regard for the provisions of this By-law.
1.3
Administration and Enforcement
a) This By-law shall be administered and enforced by municipal staff as appointed by the Council
of the Municipality.
b) Any designated employee of the Municipality acting under their direction may, at any
reasonable hour and upon producing proper identification, enter and inspect any property
but shall not enter any building or structure used as a dwelling unit without the consent of
the occupier, or the authority of a Search Warrant issued pursuant to the provisions of the
Provincial Offences Act.
1.4
Conformity and Compliance with By-law
a) No land, building or structure may be used, erected or altered except in accordance with the
provisions of this By-law.
b) In the event of an inconsistency or conflict between two or more provisions in this By-law, the
more restrictive provision shall apply.
c) Any existing use or structure established in compliance with the provisions of a predecessor
of this By-law or in accordance with a variance granted by the Committee of Adjustment
continues to be permitted by this By-law. Any new use or structure, or addition to an existing
structure shall meet the provisions of this By-law.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 2
d) Any use established in contravention or violation of a predecessor of this By-law is deemed to
have been established unlawfully and shall not be considered in compliance with this By- law.
1.5
Interpretation
a) The provisions of this By-law are the minimum requirements except where the word
"maximum" is used, in which case the maximum requirement applies.
b) Nothing in this By-law shall serve to relieve any person from any obligation to comply with
the requirements of any other By-law of the Municipality or any requirement of the Province
of Ontario or Government of Canada that may affect the use of lands, buildings or structures
in the Municipality.
c) All measurements in this By-law appear in metric. Appendix "A" has been included for
information purposes only and the imperial figures are not exact conversions of the metric
figures. Reference shall always be made to the metric figures in determining conformity with
the By-law.
d) Illustrations have been included in Appendix "B" to assist in providing a visual interpretation
of various provisions in the By-law.
e) The identification of public and private roads as shown on the schedules of this By-law are
approximate, and are shown for illustration purposes only. Where there is uncertainty
regarding the access to a lot, the Municipality will confirm the ownership and maintenance
status of the road.
1.6
Penalties for Contravention
Any person who contravenes any provision of this By-law is guilty of an offense and upon
conviction is liable to the fine(s) as provided for under the Planning Act, R.S.O. 1990, c.P. 13 as
amended.
1.7
Severability
A decision of a court that one or more of the provisions of this By-law are invalid in whole or in
part does not affect the validity, effectiveness or enforceability of the other provisions or parts of
the provisions of this By-law.
1.8
Technical Revisions to the By-law
Revisions may be made to this By-law without the need for a zoning by-law amendment in the
following cases:
a) Correction of grammar or typographical errors or revisions to format in a manner that does
not change the intent of a provision.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 3
b) Adding or revising technical information on maps or schedules that does not affect the zoning
of lands including, but not limited to, matters such as updating and correcting infrastructure
information, keys, legends or title blocks.
c) Changes to appendices, footnotes, headings, indices, marginal notes, table of contents,
illustrations, historical or reference information, page numbering, footers and headers, which
do not form a part of this By-law and are editorially inserted for convenience of reference
only.
d) Minor adjustments to the boundary of the Hazard (HZ) Zone overlay on a property may be
made without amendment to the Zoning By-law, where the Official for the Municipality is
satisfied that the mapping of the Hazard (HZ) Zone overlay on a schedule is in obvious error.
1.9
Transition Provisions
a) Where a building permit has been issued prior to the effective date of this By-law, the
provisions of this By-law, as they apply to such building or structure, shall be deemed to
comply with the zone regulations in effect at the time of issue of the building permit.
b) Where the Committee of Adjustment has issued a decision on a variance to any zoning by-
law in the Municipality within one year prior to the effective date of this By-law, the decision
of the Committee of Adjustment shall continue to apply.
c) Where a Site Plan Agreement has been entered into prior to the effective date of this by-law,
and the timeframes specified in the Agreement have not yet lapsed, the provisions of this By-
law, as they apply to such land, building or structure, shall be deemed to be modified to the
extent necessary to give effect to such Site Plan Agreement.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 4
Section 2:
Establishment of Zones
2.1
Zones & Zone Symbols
For the purposes of this By-law, the Municipality is divided into the following Zones:
ZONE
SYMBOL
Residential Zones
Residential One
R1
Residential Two
R2
Residential Three
R3
Residential Four
R4
Shoreline Residential
SR
Rural Residential
RR
Mobile Home Residential
MHR
Commercial Zones
General Commercial
C1
Highway Commercial
C2
Tourist Commercial
C3
Industrial Zones
Light Industrial
M1
Heavy Industrial
M2
Extractive Industrial
M3
Waste Disposal Industrial
M4
Agricultural and Rural Zones
Agriculture One
A1
Agriculture Two
A2
Rural
RU
Other Zones
Crown Land
CL
Community Facilities
CF
Open Space
OS
Provincially Significant Wetland
PSW
Overlay Zone
Hazard
HZ
Waste Management Influence Area
WM
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 5
2.2
Zone Schedules
The zones set out in Section 2.1 and the boundaries of such zones are shown on the schedules
attached to this By-law, being Schedules A1 to M4, and SF1 to SF9. The schedules form part of this
By-law.
2.3
Zoning of Lands not shown on Schedules
No land use schedule has been prepared for the Geographic Townships of Janes, Dana and
McWilliams, and the north half of Fell. All lands in these geographic townships are zoned as
follows:
-
CL (Crown Land) for all Crown Land
-
RU (Rural) for all patented lands, or by site specific zoning, as noted in Section 9.5.3 or
on site specific zoning schedules.
2.4
Zoning of Water and Islands
a) Where a zone boundary abuts a waterbody, such zone shall be deemed to extend into the
waterbody and to apply to any waterlots, Crown lake bed or any land created by changing
lake levels, and to extend over all docks, boathouses, boat ports and any other structures
appertaining to the lot.
b) All islands not identified as being within a Zone on the Zone Schedules shall be zoned Open
Space (OS).
2.5
Site Specific Zones
Where a Zone symbol on the attached Schedule(s) is followed by a dash "-" and a number, such
as "R1-17", the number refers to a site-specific exception that applies to the lands noted.
2.6
Overlay Zones
a) Where a property is identified within the Hazard (HZ) Zone Overlay on the schedules to this
by-law, the property shall be subject to the provisions in Section 4.7.
b) Where a property is identified within the Waste Management Influence Area (WM) Overlay
on the schedules to this by-law, the property shall be subject to the provisions in Section 4.31.
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 6
2.7
Holding Zones
Notwithstanding any other provision in this By-law, where a Zone symbol is followed by the letter
"H" and a number, no person shall use the land to which the letter "H" applies for any use other
than the use which existed on the date this By-law was passed, until the "H" is removed in
accordance with the policies of the Official Plan and the provisions of Section 11 of this By-law
and/or the requirements of any amending By-law, and the requirements of the Planning Act, as
amended.
2.8
Determining Zone Boundaries
When determining the location of zone boundaries as shown on any Schedule forming part of this
By-law, the following provisions apply:
a) a boundary indicated as following lot lines shown on a registered plan of subdivision, or
reference plan, or the municipal boundaries of the Municipality shall follow such lot lines;
b) a boundary indicated as following a highway, street, lane, railway right-of-way, utility corridor
or watercourse shall be the centre line of such highway, street, lane, railway right- of-way,
utility corridor or watercourse;
c) where a boundary passes through a lot and the distance is not indicated, the Zone boundary
shall be measured using the scale of the Schedules;
d) where none of the above provisions apply, the Zone boundary shall be scaled from the legally
approved Schedules.
2.9
Limited Service Areas
Where development is permitted on a lot without access from a year round maintained public
road, the provision of access based public services to the lot may be limited due to the standard
and level of maintenance of the access to the lot.
2.10 Multiple Uses on One Lot
Where any land, building or structure is used for more than one purpose, the applicable provisions
of this By-law which serve to regulate each such use shall be complied with.
2.11 Multiple Zones on One Lot
Where a lot is divided into more than one Zone under the provisions of this By-law, each such
portion of the lot shall be used in accordance with the Permitted Uses and Zone Requirements of
this By-law for the applicable Zones. However, not more than one dwelling shall be permitted on
the entire lot, except where specifically permitted in this By-law.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 7
Section 3:
Definitions
3.1
ABATTOIR: a slaughter house designed for the purpose of killing animals, skinning, dressing and
cutting up of carcass, wrapping for sale for human consumption with cooler and freezer storage,
smoking, curing or manufacture of meat by-products and includes indoor confinement of animals
while awaiting slaughter but shall not include any process related to rendering plants such as the
manufacture of tallow, grease, glue, fertilizer or any other inedible product.
3.2
ACCESSORY: a use, building or structure that is commonly incidental, subordinate and exclusively
devoted to the principal use, building or structure and is located on the same lot.
3.3
ACCESSORY BUILDING OR STRUCTURE: a detached or attached building or structure that is not
used for human habitation (except for a sleeping cabin) and the use of which is customarily
incidental and subordinate to a principal use, building or structure and located on the same lot.
3.4
AGRICULTURAL PROCESSING ESTABLISHMENT: the use of land, buildings and structures for the
processing and storage of agricultural produce, including the initial cleaning, culling, storing or
packing of products produced on the farm or in conjunction with farms in the vicinity which
produce the same agricultural products, and in preparation for shipment to food processing
establishments or market. Without limiting the generality of the foregoing, an agricultural
processing establishment shall include a feed and grain mill or a seed mill.
3.5
AGRICULTURAL PRODUCE WAREHOUSE: a building or part of a building used for the storage of
agricultural produce and may include facilities for wholesale distribution or an accessory retail use
for the sale of such agricultural produce to the general public, but does not include an agricultural
processing establishment.
3.6
AGRICULTURAL USE: general farming and without limiting the generality of the foregoing includes
the raising and harvesting of field, bush, tree or vine crops, truck gardening, nurseries,
greenhouses, dairying, animal husbandry, raising of poultry, and the sale of produce grown on the
farm from which the sale is made. A farm residence for the owner of the farm and accommodation
for employees engaged in the operation of the farm is permitted, except where specifically
prohibited in the Agricultural Two (A2) Zone.
3.7
AGRICULTURAL PRODUCT SALES OUTLET: a building, part of a building, or a stand in which farm
products produced on the farm are offered for sale at retail, but shall not include a slaughter
house or abattoir.
3.8
AGRICULTURAL SERVICES: the use of land, structure or building for the purposes of buying and
selling commodities and services that are necessary to support agricultural operations but does
not include any manufacturing, assembling, processing, warehousing, or construction uses.
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 8
3.9
AGRICULTURAL SUPPLY/IMPLEMENT DEALERSHIP: a building, structure or area where farm
implements, equipment and farm supplies are kept for sale at retail and may include facilities for
the servicing of such implements or equipment but shall not include any other establishment
otherwise defined or classified herein.
3.10
ALTER:
a) When used in reference to a building, structure or part thereof:
i.
to change any one or more of the external dimensions of such building or structure; or
ii. to change the type of construction of the exterior walls or roof of such building or
structure; or
iii. to change the use of such building or structure; or
iv. to change the number of uses or dwelling units contained therein.
b) When used in reference to a lot:
i.
to change the boundary of such lot with respect to a street or lane; or
ii. to change any dimension or area, relating to such lot, which is covered herein by a zone
provision; or
iii. to change the use of such lot; or
iv. to change the number of uses located thereon.
3.11
BAKERY: a building, or part of a building, in which the milling of grain, production of bread and
other similar products is undertaken, and includes ancillary uses of storage, warehouse, office
facilities in connection with this operation and the retail sale of such products.
3.12
BAR: a licensed drinking establishment, the principal business of which is to serve any sort of
beverage alcohol to the public for consumption on the premises.
3.13
BASEMENT: that space of the dwelling that is partly below grade, which has more than one-half
of its interior height measured from floor to ceiling above the average finished grade around the
exterior of the building.
3.14
BED AND BREAKFAST ESTABLISHMENT: a dwelling, or part thereof, in which not more than 4
bedrooms are used or maintained for the accommodation of the travelling or vacationing public, in
which the owner supplies lodgings with or without meals for the persons so accommodated, but does
not include a boarding house, group home, or tourist establishment.
3.15
BOARDING HOUSE: premises in which the proprietor resides and supplies for remuneration to
more than four (4) other persons lodging or meals or both, in which the lodging rooms do not
have both bathrooms and kitchen facilities for the exclusive use of individual occupants, and shall
not include a hotel, hospital, motel, nursing home or residential care facility.
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Page 9
3.16
BOATHOUSE: a detached accessory building or structure, that is located over the lake/river bed
or adjacent thereto, which is designed or used for the sheltering of a boat or other form of water
transportation and may include storage of household equipment incidental to the residential use
permitted on the lot.
3.17
BOAT PORT: a detached accessory structure used for the berthing, sheltering or storing of boats
and related equipment that is roofed, but not enclosed by more than one wall and is built,
founded or anchored near, at or over the shoreline of a navigable waterway or on land.
3.18
BUFFER AREA: a landscaped or naturally vegetated strip of land devoted exclusively to the
provision of visual amenity and a physical barrier between adjacent uses.
3.19
BUILDING: any structure used or designed to be used for shelter, accommodation or enclosure of
persons, animals or chattels other than a lawful boundary wall or fence.
3.20
BUILDING, LINE: a line within a lot drawn parallel to a lot line and establishes the minimum
distance between that lot line and any building or structure, which may be erected.
3.21
BUILDING SUPPLY ESTABLISHMENT: a building or structure in which building or construction and
home improvement materials are offered or kept for sale and may include the fabrication of
certain materials related to home improvements, and may include outside storage.
3.22
BULK SALES ESTABLISHMENT: the use of land, structure or building for the purposes of buying
and selling fuels, ice and allied commodities, but does not include any manufacturing, assembling
or processing uses.
3.23
BUSINESS, PROFESSIONAL OR ADMINISTRATIVE OFFICE: a building or part of a building in which
one or more persons are employed in the management, direction or conducting of a business or
where professionally qualified persons and their staff service clients or patients who seek advice,
consultation or treatment, and for the purposes of this By-law may include the administrative
offices of a non-profit or charitable organization.
3.24
CABIN: a separate building designed to provide only sleeping accommodation for the travelling or
vacationing public.
3.25
CABIN, HOUSEKEEPING: a separate building designed to provide sleeping accommodations and
facilities for the preparation and cooking of food for the travelling or vacationing public.
3.26
CARPORT: an enclosed or partially enclosed structure having a minimum of fifty percent (50%)
open area with a roof which is designed or used for the storage of one or more private vehicles.
3.27
CELLAR: that space of the building that is partly or entirely below grade which has one-half or less
than one-half of its height measured from floor to ceiling above finished grade around the exterior
of the building.
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 10
3.28
CEMETERY: land that is set apart or used as a place for interment of human remains, or for the
scattering of cremated human remains in accordance with The Funeral, Burial and Cremation
Services Act, 2002, and amendments thereto. A cemetery may include such accessory uses as a
mausoleum and columbarium.
3.29
CLINIC: a building or part of a building used for the medical, dental, surgical, psychiatric or
therapeutical treatment of human being, but does not include a public or private hospital or a
professional office of a doctor located in his residence.
3.30
COMMERCIAL USE: the use of land, structure or building for the purposes of buying or selling
commodities and supplying services, as distinguished from such uses as manufacturing or
assembling of goods, warehousing and contractors' yards.
3.31
CONSERVATION USE: land used solely for the preservation and enhancement of the natural
environment and may include a conservation area, and fish and wildlife management.
3.32
CONSTRUCT: to do anything in the erection, installation, extension or material alteration or repair
of a building and includes the installation of a building unit fabricated or moved from elsewhere.
3.33
CONTRACTOR'S ESTABLISHMENT: the use of land, buildings or structures where equipment and
materials are stored or where a contractor performs shop or assembly work but does not include
any other use or activity otherwise defined or classified herein.
3.34
CONVENIENCE STORE: a retail store serving the daily or occasional needs of the residents of the
immediate area with a variety of goods such as groceries, meats, beverages, dairy products,
patent medicines, sundries, tobacco, stationery, hardware, magazines and/or newspapers.
3.35
COVERAGE: that percentage of land or lot area covered by buildings and structures above ground
level and excludes that portion of such land or lot area which is occupied by a building or portion
thereof which is completely below ground level.
3.36
CREMATORIUM: a building that is fitted with appliances for the purpose of cremating human
remains and that has been approved as a crematorium or established as a crematorium in
accordance with the requirements of The Funeral, Burial and Cremation Services Act, 2002, or a
predecessor of it and includes everything necessarily incidental and ancillary to that purpose.
3.37
DAY NURSERY: a day nursery within the meaning of The Day Nurseries Act of Ontario, R.S.O. 1990,
c D.2, as amended.
3.38
DRIVING RANGE: a public or private area operated for the purpose of developing golfing
techniques, including miniature golf courses, but excluding golf courses.
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Page 11
3.39
DRY CLEANING ESTABLISHMENT: a building or part of a building in which the business of dry
cleaning, dry dyeing, cleaning, spotting, stain removal or pressing of articles and/or goods of fabric
is carried on, through the use of chemicals which emit no odours or fumes.
3.40
DWELLING, APARTMENT: a building containing four or more dwelling units, each unit having
common entrance from the street level and the occupants of which have the right to use, in
common, halls and/or stairs and/or elevators and yards.
3.41
DWELLING, DUPLEX: a building that is divided into two dwelling units, each of which has an
independent entrance either directly or through a common vestibule and which has one set of
municipal services and is located on a single lot.
3.42
DWELLING, MOBILE HOME: any dwelling that is designed to be mobile, and constructed or
manufactured to provide a permanent residence for one or more persons in accordance with
C.S.A. Standard Z240, but does not include a travel trailer or tent trailer or trailer otherwise
designed.
3.43
DWELLING, MODULAR: a factory built home which is a single detached dwelling unit designed
and built to be transported to a site. It may contain parts that can be folded, collapsed, or
telescoped when being towed and expanded later to provide additional floor space, and will sit
on a permanent foundation. It shall be a minimum of two or more separately towable components
that are joined on the chosen site. The modular dwelling is designed for long term year round
occupancy. It has facilities for cooking, eating, living, sleeping and sanitation. A modular dwelling
does not include a park model mobile home trailer, travel trailer, tent trailer or trailer otherwise
designed. For the purposes of this definition, a modular home having an A277 Standard is
permitted, while those having either a Z240, Z241 Standard or a combination of either of these
with the A277 Standard are not permitted.
3.44
DWELLING, MULTIPLE: a building containing three or more dwelling units, each unit has an
independent entrance either directly or through a common vestibule, but excludes an apartment
dwelling, or a street townhouse.
3.45
DWELLING, STREET TOWNHOUSE: a building that is divided vertically by common walls into three
or more dwelling units, each of which has independent entrances to a front and rear yard
immediately abutting the front and rear walls of each dwelling unit.
3.46
DWELLING, SEASONAL: a single detached dwelling used for recreation purposes that is not used
for continuous habitation or as a permanent residence.
3.47
DWELLING, SEMI-DETACHED: a building that is divided vertically by a common wall into two
dwelling units, each of which has an independent entrance either directly or through a common
vestibule.
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Page 12
3.48
DWELLING, SINGLE DETACHED: a completely detached dwelling unit to which entrance is gained
only by a private entrance outside the building.
3.49
DWELLING UNIT: one room or a group of rooms within a building, used or designed, or intended
to be used by the occupants for residential occupancy as a single, independent and separate
housekeeping establishment in which food preparation and sanitary facilities are provided for the
exclusive use of such occupants.
3.50
DWELLING UNIT IN A NON-RESIDENTIAL BUILDING: A dwelling unit located within a non-
residential building, to which entrance is gained either directly or through a common vestibule.
3.51
EATING ESTABLISHMENT: premises where food is offered for sale or sold to the public for
immediate consumption and includes such uses as a restaurant, dining room, cafe, cafeteria, ice
cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room or stand.
3.52
EDUCATIONAL ESTABLISHMENT: the use of lands, buildings or structures as a training centre, an
elementary or secondary school, private school, university or community college authorized by the
Province of Ontario.
3.53
EQUESTRIAN FACILITY: a commercial establishment where horses are housed or boarded and are
available for riding, riding instruction, agility training or jumping.
3.54
EQUIPMENT SALES, SERVICE AND RENTAL ESTABLISHMENT: premises in which machinery and
equipment are offered or kept for sale, rent, lease or hire under agreement for compensation,
and which are also serviced, but shall not include any other establishment defined or classified in
this By-law.
3.55
ERECT: to build, construct, reconstruct, alter and relocate and without limiting the generality of
the foregoing is taken to include any preliminary physical operation such as excavating, grading,
piling, cribbing, filling or draining, structurally altering any existing building or structure by an
addition, deletion, enlargement or extension.
3.56
ESTABLISHED BUILDING LINE: the average setback of existing buildings. A building line is
considered to be established when a minimum of 3 buildings have been erected on any one side
of a continuous 100 metres of land with street frontage.
3.57
EXISTING: a use, building or structure lawfully existing on the day of the passing of this by-law.
3.58
EXPAND: to increase or enlarge the size of a building or structure or to increase the area of land
occupied by a use, in compliance with the provisions of this By-law, but does not include
expansion onto another lot.
3.59
EXTERIOR LIGHTING: any form of artificial illumination located outside of a building or structure.
Municipality of West Nipissing
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3.60
FARM RESIDENCE: a single detached dwelling located on the same lot as an agricultural use
operation and occupied by the owner of the farm or by some person engaged in the operation of
the farm.
3.61
FENCE: a structure which forms a barrier for enclosing, bounding, delineating or protecting land.
3.62
FINANCIAL ESTABLISHMENT: a building, or part thereof, which is used to provide for financial
services in which money is deposited, kept, lent, or exchanged, including accessory clerical functions
and shall include a bank, trust company, credit union, or other similar banking service.
3.63
FLOOD PLAIN: the horizontal area bordering a lake, swamp, river, stream, or water course which
is subject to flooding.
3.64
FLOOR AREA: the total habitable floor area within a building which is measured between the
exterior faces of the exterior walls or from the centre line of a common or part wall, but excluding
any private garage, breezeway, porch, verandah, balcony, sunroom, attic, cellar, and any floor
area with a ceiling height less than 2 metres (6.6 feet).
3.65
FLOOR AREA, GROSS: the total floor area of all storeys exclusive of any part of the building or
structure below finished grade which is used for heating equipment, the storage or parking of
motor vehicles, breezeways, porches, verandahs, decks, locker storage and laundry facilities, and
other accessory uses, and enclosed malls when used as a common area between stores.
3.66
FORESTRY USE: the management, development and cultivation of timber resources to ensure the
continuous production of wood or wood products, provision of proper environmental conditions
for wildlife, protection against floods and erosion, protection of water supplies, and preservation
of the recreation resource, and shall include reforestation areas owned or managed by the
Ministry of Natural Resources.
3.67
FUNERAL HOME: a commercial establishment providing funeral supplies and services to the
public.
3.68
GARAGE, PRIVATE: an accessory building either separate from or attached to the main building,
which is designed or used for the storage of one or more private vehicles and the storage of
household equipment, incidental to residential occupancy.
3.69
GAS BAR: one or more pump islands, each consisting of one or more gasoline pumps, and a
shelter, which shall not be used for the sale of any product other than liquids and small accessories
required for the operation of motor vehicles, but shall not include any other establishment
otherwise defined or classified in this By-law.
3.70
GOLF COURSE: a public or private area operated for the purpose of playing golf including a par
three golf course and including such ancillary uses as a driving range, a miniature golf course, or
a clubhouse.
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Page 14
3.71
GRADE, ESTABLISHED: with reference to a building, the average elevation of the finished surface
of the ground where, it meets the exterior of all sides 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.
3.72
GREENHOUSE, NURSERY, GARDEN CENTRE: the use of land, buildings or structures for the growing,
display and retail sale of trees, shrubs, flowers, plants and similar vegetation. May also include the
display and sale of landscaping, lawn and garden equipment, furnishings and supplies.
3.73
GROCERY STORE: a retail establishment engaged in the business of selling primarily groceries,
meat, fruit and vegetables as well as other personal, convenience, and household items to the
general public.
3.74
GROUP HOME: a single housekeeping unit in a single detached dwelling or an accessory dwelling
unit in which three to ten residents, excluding staff or receiving family, live under responsible
supervision consistent with the requirements of its residents. The home is licensed or approved
under Federal or Provincial statutes.
3.75
HEALTH SERVICES ESTABLISHMENT: premises which provide health or medical services such as a
chiropractor, optometrist, medical clinic, associations or organizations formed to provide medical
or health services.
3.76
HEIGHT OF BUILDING: the vertical distance of a building measured between the established grade
and:
i)
the highest point of the roof surface of a flat roof;
ii) the roof deck of a mansard roof;
iii) the average height between the eaves and the ridge of a gable, hip, gambrel or other
type of pitched roof;
iv) 75% of the distance between the finished grade measured at the midpoint of the front and
rear of the building and the ridge.
3.77
HIGHWAY COMMERCIAL USE: a use of land, buildings or structures oriented to vehicular use and
includes a motel/hotel, drive-in restaurant or service station. Highway Commercial uses also
include ancillary retail uses such as gift shops.
3.78
HOME INDUSTRY: a small scale light industrial use, such as a carpentry shop, metal working shop,
a welding shop, an electrical shop, small engine repair or similar use, that provides services or
wares to the community and which is an accessory use to a single detached dwelling. For the
purposes of this By-law, the repairing of motor vehicles, mobile homes and trailers is not a home
industry.
3.79
HOME OCCUPATION: any occupation which is carried on, in accordance with the provisions of
this By-law relative thereto, as an accessory use to a dwelling unit.
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3.80
HOSPITAL: any institution, building or other premises that is established for the purposes of the
treatment of patients and that is approved under the Public Hospitals Act, R.S.O. 1990, Ch. P.40,
as amended, as a public hospital.
3.81
HOTEL: an establishment that consists of one building or two or more connected or adjacent
buildings consisting of at least four individual rental units which cater to the needs of the travelling
public by furnishing sleeping accommodations for remuneration which may or may not supply
food, but does not include a rooming or boarding house, an apartment dwelling house, a group
home or similar facility.
3.82
HUNT CAMP: a base camp used solely for the activity of hunting or fishing, which provides
seasonal or temporary accommodation in a remote location and without public access, where
municipal or community services are usually not available.
3.83
INDUSTRIAL USE: the use of land, building or structure designed for the purpose of fabricating,
manufacturing, assembling, making, printing, inspecting, ornamenting, finishing, treating,
altering, repairing, warehousing or storing or adapting for sale any goods, substance, article or
thing, or any part thereof, and the storage of building and construction equipment and materials,
as distinguished from the buying and selling of retail commodities and the supplying of personal
services.
3.84
KENNEL: a building or structure where domesticated animals are kept, bred or boarded and which
is licensed by the Municipality.
3.85
LANDSCAPING: any combination of vegetation including trees, shrubs, flowers, grass or other
horticultural elements, decorative stonework, paving screening or other architectural elements,
all of which is designed to enhance the visual amenity of a property, to regulate drainage, and to
provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent
land.
3.86
LAUNDROMAT: a building or structure where the services of coin-operated laundry machines,
using only water, detergents and additives, are made available to the public for the purpose of
laundry cleaning.
3.87
LOADING SPACE: an area of land which is provided and maintained upon the same lot or lots upon
which the main use is located, for the temporary parking of one or more commercial motor
vehicles while merchandise or materials are being loaded or unloaded from such vehicle(s).
3.88
LOT: any parcel of land which can be legally conveyed under the Planning Act, R.S.O. 1990, c P.13,
as amended.
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3.89
LOT AREA: the total horizontal area within the lot and, in the case of a corner lot having street
line rounding at the corner with a radius of six (6) metres or less, the lot area of such lot is to be
calculated as if the lot lines were projected to this point of intersection, excluding any area of the
lot that is below the normal high water mark.
3.90
LOT, CORNER: a lot bounded on two or more sides by one or more public roads, provided that the
angle of intersection of such public roads is not more than one hundred and thirty-five (135)
degrees.
3.91
LOT COVERAGE: the percentage of the lot area covered by all buildings, including accessory
buildings, decks, porches, verandahs and stairs, excluding parking areas, driveways, decks less
than one (1) metre above the established grade, walkways, sewage systems, docks and swimming
pools.
3.92
LOT, FRONTAGE: the straight-line distance between the intersection of the side lot lines and the
front lot line, except as follows:
a) where there are no side lot lines, such as a peninsula, the greatest distance between any point
on the front lot line and any point on the rear lot line.
b) where there are no side lot lines and no rear lot lines, such as on an island, the greatest
distance between any two points.
c) where a lot abuts a navigable watercourse or the unopened original shore road allowance
along the navigable watercourse, frontage shall be measured as a straight-line distance
between the intersection of the side lot lines or their straight-line projections and the high
water mark.
d) where there are two or more front lot lines abutting the same street, the longer of the lines
shall be used to measure frontage.
3.93
LOT, INTERIOR: a lot other than a corner lot.
3.94
LOT LINE: any boundary of a lot.
3.95
LOT LINE, EXTERIOR SIDE: a side lot line that abuts a street.
3.96
LOT LINE, FRONT: the lot line that divides the lot from the public road, provided that,
a)
in the case of a corner lot, the shorter lot line that abuts the public road shall be the
front lot line;
b)
in the case of a lot that abuts a navigable watercourse, the lot line at the shoreline
shall be the front lot line; and
c)
in the case of a lot that does not abut a public road, the lot line where the principal
access to the lot occurs shall be considered the front lot line.
3.97
LOT LINE, REAR: the lot line furthest from or opposite to the front lot line.
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3.98
LOT LINE, SIDE: a lot line other than a front or rear lot line.
3.99
MAIN BUILDING: the building designed or used for the principal use on the lot.
3.100
MARINA: a commercial establishment or premises, usually containing docking facilities or
mooring facilities where boats or boat accessories are berthed, stored inside or outside, serviced,
repaired, constructed or kept for sale or rent and where facilities for the sale of marine fuels or
lubricants, accessory retail sales and a taxi and/or barging service are provided and where waste
water pumping facilities may be provided. A marina may include a Marine Sales and Service
Establishment.
3.101
MARINE SALES AND SERVICE ESTABLISHMENT: a building or part of a building and associated
lands where new and used boats, boat accessories, snowmobiles, and all-terrain vehicles are
displayed and offered for sale at retail or for rental, and where marine, snowmobile and all- terrain
vehicle equipment is serviced or repaired and may include boat storage facilities.
3.102
MARKET: an area of land consisting of buildings, stalls, or an open area used primarily for the
display and retailing of farm produce, and without limiting the generality of the foregoing, meat,
poultry, foodstuffs, wares, or commodities.
3.103
MINIMUM DISTANCE SEPARATION (MDS): the mathematical tool to determine a recommended
distance between livestock and manure storage facilities and non-agricultural uses.
3.104
MOBILE FOOD SERVICE EQUIPMENT: mobile equipment, whether or not permanently parked,
containing propane or other hydrocarbon fuel fired cooking appliances and, if applicable,
associated fuel storage.
A mobile food service equipment may be:
a) a self-propelled vehicle such as a truck or van fitted with food service equipment and
either equipped with propane or other hydrocarbon fuel supply cylinders or intended for
connection to a propane supply cylinder at the operation site.
b) a trailer or cart fitted with food service equipment intended to be towed to the operation
site and either equipped with propane or other hydrocarbon fuel supply cylinders or
intended for connection to a propane or other hydrocarbon fuel supply cylinder at the
operation site.
c) a portable cart fitted with service equipment that is not towed but may be transported to
an operation site and provided with a propane or other hydrocarbon fuel supply cylinder
that may be enclosed in the cart.
3.105
MOBILE HOME PARK: a parcel of land used for the parking or storage of mobile homes and
includes all accessory buildings necessary to the operation of said park.
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 18
3.106
MOBILE HOME SITE: an area of land within a mobile home park which is used as the site of, and
pertains to, not more than one (1) mobile home dwelling.
3.107
MOTEL: an establishment which consists of one or more than one building containing three or
more attached accommodation units, accessible from either the interior or exterior, which cater
to the needs of the travelling public by furnishing sleeping accommodation with or without
facilities for the serving of meals, provides such facilities for remuneration, and may or may not
be a liquor licensed premises, and shall not include any other use or activity otherwise defined
herein.
3.108
MOTOR VEHICLE: a vehicle within the meaning of the Highway Traffic Act, R.S.O. 1990, c H.8, as
amended.
3.109
MOTOR VEHICLE BODY REPAIR SHOP: an establishment used for making repairs or alterations to
the body or paint work of any vehicle.
3.110
MOTOR VEHICLE, COMMERCIAL: a commercial motor vehicle within the meaning of the Highway
Traffic Act, R.S.O. 1990, c H.8, as amended.
3.111
MOTOR VEHICLE DEALERSHIP: an establishment for the storage, sale and servicing of new or used
vehicles and may include outdoor storage or vehicles but all other facilities must be within a
building.
3.112
MOTOR VEHICLE SERVICE STATION: a building or a clearly defined space on a lot where gasoline,
oil, tires, batteries and other similar products for the maintenance of motor vehicles may be sold
or where vehicles may be oiled, greased and subjected to minor or running repairs essential to
the actual operation of motor vehicles.
3.113
MOTOR VEHICLE TOWING ESTABLISHMENT: an establishment operating a tow-truck service for
compensation, including storage facilities for towed vehicles. For the purposes of this definition,
a tow truck is a motor vehicle equipped with a boom or booms, winches, slings, tilt beds or similar
equipment designed for the towing or recovery of vehicles and other objects, and includes a
transporter designed to transport more than one vehicle on a non-emergency basis.
3.114
MOTOR VEHICLE WASHING ESTABLISHMENT: an establishment for washing, cleaning and
polishing motor vehicles by means of either production line cleaning methods and/or mechanical
devices and includes a coin-operated self-service operation but does not include an automobile
service station or gas bar, a public garage or a motor vehicle dealership where car washing
operations are incidental to the principal activity of business.
3.115
MUNICIPALITY: the Corporation of the Municipality of West Nipissing.
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 19
3.116
NAVIGABLE WATERCOURSE: any body of water that is capable of affording reasonable passage
of watercraft of any description for the purpose of transportation, recreation or commerce, and
includes any river, stream or lake considered navigable by law.
3.117
NON-COMPLYING: the use of land, building or structure which does not comply with the
provisions and/or standards of this By-law for the zone in which such land, building or structure
is situated.
3.118
NON-CONFORMING: a use which is not a use permitted in the zone in which the said use is
situated.
3.119
NURSING HOME: a building other than a hospital in which the proprietor supplies for hire or gain,
lodging with nursing, medical or similar care and treatment, if required, and includes a rest home
or convalescent home, but does not include any other establishment otherwise defined in this By-
law.
3.120
OBNOXIOUS USE: any use which shall be a nuisance to the occupants or owners of any
neighbouring land or buildings by reason of the emission from the said land or any part thereof,
or the creation thereon, of odours, gases, dirt, smoke, noise, vibration, fumes, cinders, soot, waste
or depositing or leaving unsightly objects or chattels thereon or otherwise.
3.121
OPEN STORAGE: the storage of goods in the open air or in unenclosed portions of buildings which
are open on the sides, but shall not include a limited display of goods and products for advertising
and demonstration purposes.
3.122
OUTDOOR RECREATION, ACTIVE: a public or private area operated for the purpose of playing
golf, driving ranges, miniature golf courses, tennis courts, outdoor skating rinks, recreational
trails, public park, private park, ski-lifts and similar uses, together with necessary and accessory
buildings and structures, but shall not include a theme park.
3.123
OUTDOOR RECREATION, PASSIVE: the use of land which is typically unobtrusive and not
disturbing to the surrounding natural landscape and may include walking trails, natural
interpretive facilities, bird and wildlife observation areas and similar uses involved in the
enjoyment of the natural environment.
3.124
PARK: an area permanently devoted to recreational uses and generally characterized by its
natural, historic or landscaped features, and used for both passive and active forms of recreation
and could include land identified as open space.
3.125
PARK, PUBLIC: a park owned or controlled by a Public Authority or by any Board, Commission or
other Authority established under any statute of the Province of Ontario, or the Government of
Canada.
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 20
3.126
PARKING LOT: an area other than a street used for the temporary parking of two or more motor
vehicles as accommodation for visitors, clients, customers, residents or employees whether free
or for profit or gain.
3.127
PARKING SPACE: an area of not less than 18.5 square metres measuring 6 metres by 3 metres
exclusive of any aisles or ingress or egress lanes, useable for the temporary parking or storage of
motor vehicles, and may include a private garage or carport.
3.128
PERSONAL SERVICE ESTABLISHMENT: a business which furnishes a service to meet some general
need or to benefit the personal needs of individuals, but excludes funeral homes and any
manufacturing or fabrication of goods for sale.
3.129
PERSONAL STORAGE: the storage of equipment and vehicles (including recreational vehicles) for
personal use, and not for remuneration. Personal storage may be permitted as open storage or
within a storage building.
3.130
PIT: a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material
is being or has been removed by means of an excavation to supply materials for construction,
industrial or manufacturing purposes, but does not include a wayside pit.
3.131
PIT, WAYSIDE: a temporary pit opened and used by a public road authority, or their agents, solely
for the purpose of road construction or an associated road project or contract and which is not
located on the road right-of-way.
3.132
PLACE OF ASSEMBLY: a place designed and used to accommodate gatherings of people such as
clubs, reception halls, funeral homes, conference centres, legion halls, community halls and
lodges, and for events such as trade shows, banquets, and political or other conventions,
museums, libraries and places of worship.
3.133
PLACE OF ENTERTAINMENT: a motion picture or other theatre, auditorium, public hall, billiard or
pool room, bowling alley, dance hall, or music hall, but does not include any place of
entertainment or amusement otherwise defined or classified in this By-law.
3.134
PLACE OF RECREATION: the use of a building, or part thereof, for a fee, for the provision of athletic
and amusement facilities involving the active participation of the user in a sports-related activity
and includes without limiting the generality of the foregoing, such facilities as racquet courts,
fitness clubs, billiard parlours, bowling alleys, arenas, riding stables, or water sports, but shall not
include a theme park.
3.135
PLACE OF WORSHIP: a building dedicated to religious worship and may include such accessory
uses as a nursery school, an assembly hall, a school of religious education, convent, monastery or
parish hall.
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 21
3.136
PORTABLE GARAGE SHELTER: A portable fabric or polyethylene covered structure for temporary
or long term outdoor storage, and includes a portable carport or storage shed. For the purposes
of this by-law, a Portable Garage Shelter is considered an accessory structure.
3.137
PRINCIPAL USE: the predominant purpose for which any land, building, structure or premises, or
part thereof, is used, designed, arranged, occupied or maintained.
3.138
PRIVATE HOME DAYCARE: the temporary care for reward or compensation of five children or less
who are under ten years of age where such care is provided in a private residence, other than the
home of a parent or guardian of any such child, for a continuous period not exceeding twenty-
four hours.
3.139
PRINTING AND PUBLISHING ESTABLISHMENT: a building or part of a building in which the
business of producing books, newspapers or periodicals, by mechanical means, and reproducing
techniques, such as photocopying, is carried on, and may include the sale of newspapers, books,
magazines, periodicals, or like, to the general public.
3.140
PUBLIC USE: the use of land, building or structure by a public authority, for the purpose of
providing its services to the public, or carrying out its public mandate.
3.141
QUARRY: an area where consolidated rock has been or is being removed by means of an open
excavation to supply material for construction, industrial or manufacturing purposes, but does
not include a wayside quarry or open pit or mine.
3.142
RECREATIONAL VEHICLE: a vehicle which provides sleeping and other facilities for short periods
of time, while travelling or vacationing, designed to be towed behind a motor vehicle, or self-
propelled, and includes such vehicles commonly known as travel trailers, truck trailers, pickup
coaches, motorized campers, motorized homes or other similar vehicles but shall not include a
mobile home.
3.143
RECREATIONAL VEHICLE SALES AND SERVICE ESTABLISHMENT: a building, or part of a building,
where new or used recreational vehicles and related equipment and accessories are displayed for
sale or rent in conjunction with which there may be facilities for the servicing of such vehicles.
3.144
RECONSTRUCTION OR RENOVATION: the repair and restoration of a building to good condition,
but shall not include its replacement.
3.145
RESIDENTIAL CARE FACILITY: an establishment providing supervised or supportive in-house care
for those who need assistance with daily living, that may also provide on-going medical or nursing
care or counseling and social support services and which may include services such as medical,
counseling, and personal services.
3.146
RESIDENTIAL OCCUPANCY: the occupancy or use of a building or part of a building by persons for
whom sleeping accommodation is provided but who are not harboured or detained there to
receive medical care or treatment or who are not involuntarily detained there.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 22
3.147
RESTAURANT, DRIVE-THROUGH OR TAKE OUT: an eating establishment which serves or is
intended to serve patrons seated in a motor vehicle parked on a parking lot or driveway, or where
prepared foods are sold and taken out of the building to be consumed.
3.148
RETAIL STORE: a building or part thereof where goods, services, wares, merchandise, substances,
articles or things are offered or kept for sale or rent by retail directly to the public, but does not
include any manufacturing process or construction uses.
3.149
ROAD, PRIVATE: a street, laneway or easement over private property or Crown Land not assumed
by the municipality and is usually travelled and maintained by a private individual or group of
individuals.
3.150
ROAD, PUBLIC: an improved public highway which affords the principal means of access to an
abutting lot and, which is dedicated, assumed and/or maintained by and under the jurisdiction of
a public authority.
3.151
SALVAGE OR WRECKING YARD: a place where motor vehicles are wrecked or disassembled and
resold; a place where second-hand goods, including waste paper, bottles, automobile tires,
clothing, other scrap materials and salvage are collected to be sorted, and a place where used
lumber and used building materials are stored for sale or resale.
3.152
SAWMILL: a building or structure used to process wood from raw lumber to another use and may
include land used for open storage of raw or finished lumber or products.
3.153
SELF STORAGE FACILITY: a building or group of buildings used for the storage of household goods,
wares, substances, or articles but shall not include a cartage depot, transportation depot, or
warehouse. A shipping container, truck body, bus coach, streetcar body, railway car, or other
similar body or container, whether on wheels or not, shall not be used as part of a self-storage
facility.
3.154
SEPTIC SYSTEM LEACHING BED: an absorption system constructed as absorption trenches or a
filter bed, located wholly in filter media that is contained between the surface to ground or raised
or partially raised above ground as required by local conditions, to which effluent from a
treatment unit is applied for treatment and disposal but does not include the mantle area.
For the purposes of this By-law, a septic system leaching bed shall be considered a structure.
3.155
SERVICE ESTABLISHMENT: any building or part thereof where household appliances, machinery,
and home entertainment equipment are sold, serviced or repaired, but excludes any
manufacturing or processing.
3.156
SETBACK: the distance between any lot line abutting a public road or body of water and the
nearest part of any main wall of any main building or structure.
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 23
3.157
SEWER AND WATER SERVICES (Full Municipal): both water and sewage disposal infrastructure
that is owned and operated by the Municipality and is designed to adequately service the water
and sewage disposal needs of a use, building or lot.
3.158
SEWER AND WATER SERVICES (Partial Municipal): infrastructure where either water or sewage
disposal facilities is owned and operated by the Municipality and is designed to adequately service
the water and sewage disposal needs of a use, building or lot.
3.159
SEWER AND WATER SERVICES (Private): infrastructure on a lot which is privately owned and
operated, which is designed to service the water and sewage disposal needs of that lot, and
without limiting the generality of the foregoing, shall include a private septic system and a private
well.
3.160
SHORELINE: the line where the normal or controlled high water mark of a navigable watercourse
meets the land.
3.161
SHORELINE BUFFER: a natural area, adjacent to a shoreline, maintained or re-established in its
natural predevelopment state (with the exception of minimal pruning of vegetation and the
removal of trees for safety reasons) for the purpose of protecting natural habitat and water
quality and minimizing visual impact of buildings or structures on a lot. Where the natural
shoreline of a property is a natural beach or is a rock outcropping with little or no soil, such shall
be deemed to comply. A shoreline buffer shall not include a grassed or lawn area.
3.162
SIGN: a structure or advertising device having illustrations affixed thereto or displayed thereon in
any manner, which is used to identify, advertise or attract attention to any object, product, place,
activity, person, institution, organization firm, group, profession, enterprise, industry or business,
or which display or include any letter, work, model number, banner, flag, pennant, insignia, device
or representation used as an announcement, direction or advertisement.
3.163
SLEEPING CABIN: an accessory building not attached to the principal residential dwelling that
provides sleeping accommodation for guests from which there shall be no monetary gain and
which does not contain cooking facilities.
3.164
STOREY: the portion of a building, other than a basement or cellar, between the surface of any
floor and the surface of the floor next above, or, if there is no floor above it, that portion between
the surface of such floor and the ceiling above it.
3.165
STREET LINE: any boundary line of a public road or highway.
3.166
STRUCTURE: anything that is erected, built or constructed of parts joined together or requiring a
foundation to hold it erect and located under, on or above ground level, including anything
prefabricated on or off the site. But for the purposes of this By-law, a fence not exceeding 2 metres
in height shall be deemed not to be a structure.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 24
3.167
TOURIST CAMPING ESTABLISHMENT: the use of land, buildings or structures for commercial
camping on a short term basis where campsites are rented to and used by the travelling public. A
tourist camping establishment may include accessory buildings, structures or facilities incidental
to the principal use, such as common washrooms, recreational facilities, a convenience store, or
an accessory dwelling unit for the owner or operator. A tourist camping establishment does not
include the use of a campsite as a dwelling, off season storage of tents or recreational vehicles on
campsites, or a use otherwise defined by this By-law.
3.168
TOURIST ESTABLISHMENT: the use of land, buildings or structures for the provision of commercial
roofed accommodation where commercial accommodation units are offered for rent on a short
term or transient basis to the public who is travelling, vacationing, engaged in leisure or
recreation, or participating in conventions or meetings. A tourist establishment may include
accessory uses, services, equipment or facilities, including a restaurant, normally incidental to
such accommodation. A tourist establishment does not include a dwelling unit except for a
dwelling unit for the owner or operator, or staff quarters that are accessory to the principal use.
3.169
TOURIST HOME: a dwelling unit excluding a hotel, motel or cabin, in which rooms or lodging are
provided for hire or pay for the travelling or vacationing public and being comprised of not more
than four (4) units.
3.170
TRAILER: a vehicle that is at any time drawn upon a highway by a motor vehicle, another motor
vehicle or any device or apparatus not designed to transport persons or property, temporarily
drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle,
and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn
and, for the purposes of this By-law, does not include a mobile home.
3.171
TRAILER, CAMPER: any unit so constructed that may be attached upon a motor vehicle, as a
separate unit, and capable of being temporarily utilized for the living, sleeping or eating
accommodation of persons.
3.172
TRAILER PARK: the use of land for the provision of overnight or short term accommodation for
trailers, motor homes and tents, but not mobile homes and includes services and facilities
normally incidental and subordinate to such a use including washroom and bathing facilities,
active and/or passive recreational uses, and an entrance kiosk.
3.173
TRAILER, TRAVEL OR TENT: a trailer designed to be temporarily used for living, shelter and
sleeping accommodation, or any vehicle in which the assembly can be erected, while stationary,
using the trailer body and related components for support and utilized for living, shelter and
sleeping accommodation, with or without cooking facilities, which is collapsible and compact
while being drawn by a motor vehicle, but shall not include a mobile home dwelling house.
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 25
3.174
TRANSPORTATION DEPOT: a Building or premises where buses, trucks, or tractor trailers are
rented, leased, kept for hire, stored or parked for commercial purposes only.
3.175
USE: the purpose for which a lot or building or-a structure or any combination thereof is designed,
constructed, arranged, occupied or maintained.
3.176
VETERINARY ESTABLISHMENT: premises in which facilities are provided for the prevention, cure
and alleviation of disease and injury to animals and in conjunction with which there may be
facilities provided for the sheltering of animals during the treatment period.
3.177
WAREHOUSE: A building used for the storage and distribution of goods, wares, merchandise,
substances or articles and may include facilities for wholesaling, or for accessory retail sales of
goods, wares, merchandise, substances or articles otherwise stored or manufactured within the
building, but shall not include a transportation depot.
3.178
WASTE DISPOSAL SITE: premises where garbage, refuse or domestic or industrial waste is
disposed of or dumped and which is approved by The Ministry of Environment pursuant to the
provisions of The Environmental Protection Act, R.S.O. 1990, c E.19, as amended.
3.179
WIND FACILITY: a renewable energy generation facility at which wind is used to generate
electricity through the use of one or more wind turbines, as defined in Ontario Regulation 359/09
under The Environmental Protection Act, R.S.O. 1990, c E.19, as amended.
3.180
WHOLESALE ESTABLISHMENT: the use of land, or building or structure, or part thereof in which
goods, wares, merchandise, substances, or articles are offered or kept for sale at wholesale and
may include an accessory store.
3.181
YARD: an open, uncovered area of land, other than a court yard, located on the same lot within a
main building or structure, and unoccupied by buildings or structures except as may be expressly
permitted in this By-law. In determining yard measurements, the minimum horizontal distance
between the main building or structure and the respective lot lines shall be used.
3.182
YARD, EXTERIOR SIDE: a side yard immediately adjacent to a public street.
3.183
YARD, FRONT: a yard extending across the full width of the lot between the front lot line and
the nearest part of the main building, structure or open storage on the lot.
3.184
YARD, INTERIOR SIDE: a side yard other than an exterior side yard.
By-law 2017/83
3.185
YARD, REAR: a yard extending across the full width of the lot between the rear lot line and the
nearest part of the main building, structure or open storage on the lot.
3.186
YARD, REQUIRED: the minimum yard required by the provisions of this by-law.
By-law 2017/83
By-law 2017/83
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CONSOLIDATION June 1, 2018
Page 26
Section 4:
General Provisions
4.1
Accessory Dwelling Unit
Notwithstanding any other provisions of this By-law regarding the number of dwelling units on a
single lot, an accessory dwelling unit is permitted in any Residential Zone, and in the Rural (RU)
and Agricultural One (A1) Zones, subject to the following provisions:
a) The accessory dwelling unit is located within a permitted single detached dwelling or a
semi-detached dwelling;
b) Only one (1) accessory dwelling unit may be created within the principal dwelling unit;
c) An accessory dwelling unit shall not be permitted if the lot also contains a garden suite;
d) The maximum floor area of an accessory dwelling unit shall not exceed 75% of the floor
area of the principal dwelling unit;
e) The accessory dwelling unit shall be an integral part of the principal dwelling unit and be
designed so as to maintain the general character of the dwelling and surrounding
neighbourhood;
f) The accessory dwelling unit and principal dwelling shall meet all other applicable
provisions of this By-law and any other fire, health, safety, or occupancy regulations or
by-laws; and
g) A minimum of one parking space is provided for the accessory dwelling unit, and does not
result in a separate driveway being required.
4.2
Accessory Uses, Buildings and Structures
4.2.1
Permitted accessory uses: Where this By-law permits the use of land, buildings or
structures for a specific use, such use shall include any buildings, structures or uses
accessory to the permitted use, subject to the provisions of this by-law for the particular
zone in which the building, use or structure is located.
4.2.2
Uses Permitted in detached accessory buildings and structures: No detached accessory
building or structure shall be used for human habitation or an occupation for gain, except
for a permitted sleeping cabin or for a home industry.
By-law 2017/83
By-law 2023/46
4.2.3
Location on a lot: Accessory buildings, structures or uses are permitted in any yard,
provided such building, structure or use:
-
is not permitted in the required front yard or the required exterior side yard; and
-
in the R1-R4, SR, C1-C3 Zones is not built closer than 1.2 metres to any lot line except that
common semi-detached private garage may be centered on the mutual lot line.
-
In the RR, RU, A1 and A2 zone is not built closer than 3.0 metres to any lot line.
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 27
4.2.4
Principal Building to be erected first: No accessory building or structure shall be erected
on any lot until the principal building has been erected, with the exception of:
-
Temporary construction uses during the term of an active building permit for the
principal use;
-
A septic system;
-
A dock;
-
A lot zoned Agricultural One (A1) or Rural (RU), in which case a detached garage or
storage shed may be erected prior to the erection of the principal building.
4.2.5
Maximum Number: The maximum number of accessory buildings permitted on a lot in any
Residential Zone shall not exceed 3. A gazebo, pumphouse, sauna, or unenclosed decks are
excluded from the maximum number.
4.2.6
Maximum Coverage: The maximum lot coverage of all accessory buildings and structures
excludes a septic system leaching bed and swimming pool.
4.2.7
Accessory Structure encroachments: Notwithstanding the yard and setback provisions of
this By-law to the contrary, drop awnings, clothes poles, flag poles, garden trellises,
retaining walls, fences, signs or similar uses which comply with this By-law are permitted
in any required yard. Fences shall not exceed a height of 1.2 metres in the required front
yard of lots in any Residential Zone.
4.2.8
Permitted Encroachments in Yards: Every part of any yard required by this By-law shall be
open and unobstructed by any structure from the ground to the sky except that those
structures listed in Table 4.1 shall be permitted to project from the principal building into
the minimum yards required by this By-law for the following specified distances:
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CONSOLIDATION June 1, 2018
Page 28
TABLE 4.1 - PERMITTED ENCROACHMENTS IN YARDS
Structure
Yards in which
projection is
permitted
Maximum
projection from
main wall permitted
Minimum
Distance from
Lot Line
Sills, belt courses, cornices,
eaves or canopies, gutters,
chimneys or pilasters
Any yard
1.0 metre
1.0 metre
Fire escapes and exterior
staircases
Rear and exterior
side yard only
1.0 metre
1.0 metre
Window bays
Front, rear and
exterior side yards
only
1.0 metre over a
maximum width of
4.0 metres
1.0 metre
Balconies
Any yard for
apartment dwellings
Front, rear and
exterior side yards
only for all other
dwellings
2.0 metres for front
and rear
1.5 metres for
exterior
2.0 metres
Open roofed porches not
exceeding one storey in
height.
Uncovered terraces.
Front and rear yards
only
3.0 metres including
eaves and cornices
2.0 metres
Decks
Front, rear and side
yards
6.0 metres
2.0 metres
4.2.9
Shoreline Structures:
4.2.9.1
Identification: Shoreline structures refer to accessory buildings and structures
erected at or near the shoreline in the required yard located between the
shoreline and the dwelling on any lot that abuts a watercourse. They include
buildings and structures that are on the lot and/or attached to the land that forms
the bed of a navigable waterway adjacent to the lot.
4.2.9.2
Permitted Uses: Shoreline structures include a boathouse, boat port, dock,
boatlift, launch ramp, marine railway, marine storage facility, pumphouse, deck,
gazebo, sauna or hot tub.
4.2.9.3
Maximum Width: The maximum cumulative width of docks, boathouse, boat
port, boatlift, launch ramp, marine railway and marine storage facility shall not
exceed 25% of the lot frontage to a maximum of 15.0 metres of the shoreline.
The width shall be measured from the exterior walls or posts of a boathouse,
Municipality of West Nipissing
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CONSOLIDATION June 1, 2018
Page 29
boat port, boatlift or marine storage facility, and from the outer edge of a dock,
launch ramp or marine railway.
By-law 2017/83
4.2.9.4
Boathouses and Boat Ports: A boathouse or boat port may be erected and used
in the required yard of a lot abutting a navigable watercourse provided:
a) a maximum of one boathouse or one boat port shall be permitted per lot
provided the lot has a minimum of 30.0 metres of water frontage;
b) only single storey boathouses shall be permitted;
c) the roofline of double pitched or hipped roofs will be a maximum of 4.5
metres above the high water mark for a one storey boathouse;
d) a minimum setback of 5 metres is maintained from the side lot lines and/or
the straight-line projection of the lot line into the water from the shoreline
for a single storey boathouse or 6 metres for a two storey boathouse.
4.2.9.5
Docking Facilities: A dock, boatlift, launch ramp or marine railway may be erected
and used in the required yard of a lot abutting a navigable watercourse provided
all applicable Provincial and Federal statutes and regulations are adhered to and
provided a minimum setback of 5 metres is maintained from the side lot lines
and/or the straight-line projection of the lot line into the water from the
shoreline.
4.2.9.6
Gazebo: One freestanding gazebo may be permitted within the required yard
abutting a navigable watercourse, provided that:
a) the structure does not exceed 25.0 square metres in floor area, but may not
be located on a dock;
b) the gazebo is set back a minimum of 4.0 metres from the shoreline; and,
c) the gazebo is set back a minimum of 4.5 metres from any side lot line.
4.2.9.7
Marine Storage Facility: A marine storage facility may be erected and used in the
required yard of a lot abutting a navigable watercourse provided:
a) a boathouse does not exist on the lot and/or attached to the land that
forms the bed of a navigable watercourse adjacent to the lot;
b) the gross floor area of the marine storage facility does not exceed 45.0
square metres;
c) a minimum setback of 8.0 metres is maintained from the high water mark;
and,
d) a minimum setback of 3.0 metres is maintained from the side lot lines.
4.2.9.8
Pumphouse: A pumphouse may be erected and used in the required yard of a lot
abutting a shoreline provided it complies with the minimum required side yard.
A free standing pumphouse shall not exceed a height of 2.0 metres or an area of
9.0 square metres.
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4.2.9.9
Sauna: One freestanding Sauna may be permitted provided that:
a) the structure does not exceed 10 square metres in floor area;
b) the sauna is set back a minimum of 4.0 metres from the shoreline, where
the lot abuts a navigable watercourse; and,
c) the sauna is set back a minimum of 4.5 metres from any side lot line.
4.2.9.10
Unenclosed Deck: A freestanding, unenclosed deck may be permitted within
the required yard abutting a shoreline, provided that the structure:
a) does not exceed 30.0 square metres in floor area;
b) is located no closer than 5.0 metres to the shoreline, except where such
deck is attached to a dock; and,
c) the deck floor is no more than 1.0 metre from the grade below it.
4.2.9.11
Sleeping Cabin: A sleeping cabin may be erected on a lot within the Rural (RU), Rural
Residential (RR) or Shoreline Residential (SR) Zones, subject to the following provisions:
a) such sleeping cabin complies with the minimum yard requirements for the
principal use within the Zone;
b) such sleeping cabin does not exceed a maximum gross floor area of 50.0
square metres;
c) such sleeping cabin does not include kitchen or cooking facilities;
d) a maximum of one sleeping cabin is permitted per lot; and,
e) a sleeping cabin may be permitted on the second storey of a detached garage.
4.2.10 Railway Shipping (Storage) Containers/Galvanized Steel Buildings:
a)
No person shall, in the Residential One (R1), Residential Two (R2), Residential Three (R3)
or Residential Four (R4) Zones, use any truck, bus, coach, transport truck trailer, streetcar
body, railway car body, railway shipping (storage) container, or similar structure of any
kind, for the purpose of an accessory structure.
b)
No person shall, in the Shoreline Residential (SR) Zone, use any truck, bus, coach, transport
truck trailer, streetcar body, railway car body, railway shipping (storage) container, or
similar structure of any kind, for the purpose of an accessory structure.
c)
No person shall, in the Residential One (R1), Residential Two (R2), Residential Three (R3)
or Residential Four (R4) zones permit more than one (1) galvanized steel building which
galvanized steel structure shall, for the purposes of this by-law, be considered an
Accessory Structure and subject to all the regulations relating thereto including
placement, lot coverage, etc;
d)
No person shall, in the Shoreline Residential (SR) zone:
i.
Permit more than one (1) storage container or galvanized steel building, which storage
container or galvanized steel structure shall, for the purposes of this by-law, be
considered an Accessory Structure and subject to all the regulations relating thereto
including placement, lot coverage, etc;
ii.
Permit a storage container or galvanized steel building on any lot having an area of
less than 400m2 (1 acre)
By-law 2017/83
By-law 2023/46
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4.2.11 Swimming Pools: A swimming pool is permitted in any Zone except for the Provincially
Significant Wetland (PSW) Zone or Hazard (HZ) Zone Overlay, subject to the following:
a) In the interior side yard of any lot provided, that;
-
no part of such pool is located closer to any lot line or street line than the minimum
distance required for principal building location on such lot, and
-
the maximum height of such pool is 1.0 metres above the average finished grade
level of the ground adjoining and within 5.0 metres of such pool, and
-
any building or structure, other than a dwelling, required for changing clothing or for
pumping or filtering facilities, or other similar accessory uses, comply with the
provisions of this By-law respecting accessory buildings on such lot.
b) In the rear yard of any lot if no part of such pool is located closer to any lot line or street
line than the minimum distance required for an accessory building located on such lot.
c) No part of any pool shall be located within 10 metres of the high water mark of a property
abutting a navigable watercourse.
d) Every swimming pool shall be enclosed by a fence of at least 1.2 metres in height and
located at a distance of not less than 1.5 metres and not more than 5.0 metres from the
pool. The main and accessory building may form part of the enclosure.
4.2.12 Antennae, Towers, Satellite Dishes: Radio and television antenna towers, satellite dishes
greater than 1.0 metres in diameter, dish antennas and other similar structures are
permitted in any zone provided they meet the minimum requirements of the zone in which
they exist and are not located in any front yard or exterior side yard. Satellite dishes 1.0
metres or less in diameter are permitted in any yard.
4.2.13 Solar Panels: No ground mounted solar panels are permitted in the Residential One (R1),
Residential Two (R2), Residential Three (R3) or Residential Four (R4) Zones.
4.2.14 Wind Facilities:
a) Wind facilities are limited to Class 1 wind facilities as defined in Ontario Regulation 359/09,
and are permitted as an accessory use for personal use only in the Agriculture One (A1), Rural
(RU) and Rural Residential (RR) Zones;
b) Wind facilities are only permitted in the rear yard, and shall meet all yard requirements.
4.3
Bed and Breakfast Establishment:
4.3.1
The following provisions apply to any bed and breakfast establishment:
a) 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 and dwelling;
b) No person other than a person residing in the dwelling containing the bed and
breakfast shall be employed except as in necessary for housekeeping purposes;
c) The bed and breakfast shall not have more than four (4) rooms for overnight guest
purposes;
d) The guest rooms shall not contain kitchen or cooking facilities;
e) Only one plate or sign, attached to the dwelling or located in the front yard shall be
Municipality of West Nipissing
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permitted and no flashing or illuminated sign shall be used; and
f) A minimum of one parking space for each guest room shall be provided in addition to
the parking required for the dwelling.
4.4
Dwelling Units in Non-Residential Buildings:
4.4.1
No person shall use any lot, or erect, alter or use any building or structure for the purpose
of a separate dwelling unit on a lot zoned other than for residential uses or within a
portion of a non-residential building, except in accordance with the following
requirements:
a) A maximum of 1 dwelling unit for use by the owner or operator shall be permitted.
b) The dwelling unit shall have a minimum floor area of 70m2.
c) The dwelling unit shall have a separate washroom or bathroom and kitchen facilities
from those of the non-residential use.
d) The dwelling unit shall have a separate parking space.
e) The dwelling unit shall have a separate building entrance to that provided for non-
residential use.
4.4.2
Notwithstanding the provisions of this By-law, no dwelling unit shall be located in anon-
residential building that is used for a Motor Vehicle Service Station.
4.5
Dwelling Units Per Lot:
4.5.1
Not more than one dwelling unit may be built on any lot except where specifically
permitted in a particular zone.
4.6
Established Building Line:
4.6.1
Where a permitted building or structure or addition is to be erected on a lot where there
is an established building line extending on both sides of the lot, 50.0 metres in either
direction, such permitted building, structure or addition may be erected closer to the
front lot line than required by this By-law, provided such permitted building or structure
is not erected closer to the front lot line than the average setback, being a line drawn
from the corner of each building abutting the subject lot. This provision does not apply to
lands abutting a watercourse or a Provincial Highway.
4.7
Hazard Zone Overlay
4.7.1
Identification: Lands located in the Hazard (HZ) Zone Overlay are identified on the
schedules to this By-law and identify lands that are susceptible to flooding or erosion
hazards. The delineation of Hazard Land is based on the most current information available
and may not be accurate or up to date in some areas. Development is restricted in these
areas in an effort to minimize the threat of injury or loss of life and prohibit land uses where
flooding may compromise the ability to deliver essential services, or where flooding may
cause unacceptable risk of property damage.
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The following provisions take precedence over the provisions of the underlying zone. Any
development permitted shall be subject to the corresponding site regulations for setbacks,
height and lot coverage.
4.7.2
Minimum Elevations: The minimum elevation of doors, windows or other openings in
habitable buildings or structures shall be located above the following flood elevation for
the following waterbodies:
-
197.25 metres G.S.C. above sea level on the French River, Lake Nipissing and the
Sturgeon River below the dam in Sturgeon Falls.
4.7.3
Setback Requirement - Sturgeon River: The minimum setback from the edge of the
Hazard Overlay along the Sturgeon River is 15 metres from the top of bank, or 20 metres
from the high water mark where there is no top of bank, whichever is greater.
4.7.4
Requirements: Despite the provisions of the underlying zone, development is subject to
the following:
a) Development of an existing vacant lot is subject to applicable flood proofing of
buildings and motor vehicle access.
b) Minor alterations and repairs to buildings which existed on the date of the passing of
this By-law, not exceeding an increase of 35.0 square metres in gross floor area to the
existing building, shall be permitted without flood proofing.
c) Alterations, replacements, repair, reconstruction or enlargements of existing
buildings in excess of that permitted in b) above, or the construction of new buildings
shall be permitted provided such building is flood proofed above the identified
regulatory flood level.
d) New accessory buildings shall be permitted subject to Section 3.2 provided such
buildings, other than shoreline structures, are flood proofed above the identified
regulatory flood level.
4.7.5
Institutional Uses and essential emergency services, including day nurseries, community
centres, government facilities, hospitals, long-term care homes or nursing homes,
retirement homes, schools, and University and Colleges, shall be prohibited in the
regulatory flood plain.
4.7.6
Notwithstanding any other provisions of this By-law, no new dwelling shall be permitted
in areas with extreme flood depths.
4.8
Group Home:
4.8.1
Where a Group Home is a permitted use, the following provisions shall apply:
a) A group home shall only be permitted within a single detached dwelling; and
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b) All the provisions of the respective zone in which a group home is located shall be
complied with.
4.9
Height Exceptions:
4.9.1
Nothing in this By-law shall prevent the erection, alteration or use of the following
accessory structures, provided the main use is a permitted use within the zone in which
is it located, and all other applicable provisions of this By-law are complied with:
-
Air conditioner duct;
-
Barn, silo, conveyor or grain elevator used for farm purposes;
-
Belfry;
-
Church spire;
-
Chimney;
-
Clock tower;
-
Drive-in theatre screen;
-
Elevator enclosure;
-
Flag pole;
-
Forestry tower;
-
Radio or television tower or antenna;
-
Structure for crushing, washing, screening or processing relating to an asphalt,
aggregate, concrete or cement plant;
-
Structure containing heating, cooling or other mechanized equipment pertaining to
a building; and
-
Water tank.
4.10 Home Industry:
4.10.1 Where a Home Industry is a permitted use, the following provisions shall apply:
By-law 2017/83
a) (deleted)
b) There shall be no emission of noise, vibration, odour or dust that is not normally
attributable to the use of the land for other uses permitted in the Zone;
c) Such home industry shall not be a nuisance to, nor interfere with, television or radio
reception of others in neighbouring buildings or structures;
d) There shall be no display to indicate that any part of the property is being used for other
than residential or agricultural uses except for an unlit sign of not more than 0.8 metres
square, except where a lot fronts on a Provincial Highway, in which case the
requirements of the Province shall be complied with;
e) The home industry shall meet the same yard provisions as required for the principal
residential use for the Zone in which it is located, with the exception of the interior side
yard, which shall be a minimum of 10.0 metres;
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f) The use shall not occupy more than 25% of the gross floor area of a dwelling, or where
located in an accessory building, shall not occupy more than 140.0 square metres of gross
floor area;
g) A maximum of three (3) employees, one of whom must reside in the dwelling, may be
employed on site in the home industry and additional employees may be employed off-
site;
h) Any permitted open storage shall be screened from view;
i)
A landscaped buffer shall be provided on the lot in accordance with the provisions of this
By-law;
j)
There shall be no goods, wares or merchandise offered for sale or rent from the dwelling
which are not manufactured or processed on the lot; and,
k) The home industry shall be subject to site plan control to regulate storage and accessory
buildings.
4.11 Home Occupation:
4.11.1 Where a Home Occupation is a permitted use, the following provisions shall apply:
a) The home occupation shall clearly be secondary to the main residential use of the
property and shall not change the residential character of the dwelling;
b) There shall be no emission of noise, vibration, odour or dust that is not normally
attributable to the use of the land for other uses permitted in the Zone;
c) Such home occupation shall not be a nuisance to, nor interfere with, television or radio
reception of others in neighbouring buildings or structures;
d) Such home occupation shall not include a medical clinic, a private hospital, a nursing
home, a boarding house, an eating establishment or a veterinary clinic, but may
include a business or professional office that complies with the provisions of this
subsection;
e) There shall be no display to indicate that any part of the property is being used for other
than residential or agricultural uses except for an unlit sign of not more than 0.5 metres
square, except where a lot fronts on a Provincial Highway, in which case the
requirements of the Province shall be complied with;
f) The home occupation use shall be conducted entirely within the dwelling;
g) The use shall not occupy more than 25% of the gross floor area of a dwelling;
h) Such use is conducted by a person or persons residing in the dwelling and a maximum
of one employee employed on site who does not live in the dwelling;
i)
There shall be no outside storage of equipment, goods or materials associated with the
home occupation use;
j)
There shall be no goods, wares or merchandise offered for sale or rent from the dwelling
which are not manufactured or processed on the lot with the exception of a limited
number of complementary associated products;
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k) Any plate or sign not greater than 0.2 square metres in area, shall be attached and
parallel to the main wall of the building; and,
l)
One (1) off-street parking space shall be provided for each 28 square metres of floor
area devoted to said use in addition to that required for the dwelling.
4.12 Landscaping and Buffers:
By-law 2017/83
4.12.1 A minimum 1.5 metre landscaped buffer shall be provided along a side or rear lot line of a
Commercial, Industrial or Residential Four (R4) Zone where it abuts a Residential zone.
4.12.2 Landscaping shall be provided, planted or located, and maintained in a healthy condition
by the owner of the land on which the landscaping is located. Every buffer strip shall
consist of a solid and unbroken planting of shrubs or trees, the ultimate height of which
is not less than 2.0 metres and a fence protected by vehicle curb stops or barriers. Such
plant material shall not be less than 1.0 metre in height when planted.
4.12.3 Where landscaping is required on a lot, such lot shall not be used for any purpose other
than that which existed at the date of passing of this by-law, until the required planting
strip/privacy fence is planted or located, unless as otherwise provided for in a registered
site plan agreement.
4.12.4 Where a lot abuts a watercourse, a shoreline buffer shall be restored and maintained
across a minimum of 50% of the lot, and shall maintain a minimum depth of 7.5 metres.
4.12.5 In all Commercial, Industrial, Community Facility or Residential Four (R4) Zones, a 1.5
metre landscaped buffer shall be provided along the full outer perimeter of any parking
lot containing more than 10 parking spaces. A driveway may cross the landscaped buffer.
4.13 Lighting:
4.13.1 Lighting fixtures designed to provide exterior illumination on any lot shall be installed with
the light directed or deflected away from adjacent lots and streets and in such a manner
as to not confuse or distract persons driving vehicles on such streets, and shall be directed
downward.
4.14 Minimum Separation Distances for Farms:
4.14.1 Notwithstanding any other yard or setback provisions of this By-law to the contrary, the
following provisions apply to those lands located outside of the settlement area
boundaries as identified on the Schedules to this By-law:
a) New non-agricultural development in proximity to existing livestock operations must
comply with provincial regulations regarding minimum distance separation (Formula
I) as contained in Appendix "C".
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b) The development of new livestock facilities or the expansion of existing livestock
facilities must comply with the government regulations regarding minimum distance
separation (Formula II) as contained in Appendix "C".
c) Despite subsection 4.14.1, development is permitted for one detached dwelling on a
vacant lot in existence as of the date of adoption of this by-law, provided that the
dwelling is located the furthest distance possible from the livestock operation and
that the applicable zone setback provisions are complied with.
d) Existing non-farm residential uses may be replaced where destroyed by a catastrophic
event and are exempt from the MDS Separation formulae calculations.
e) The Provincial Minimum Separation Distance Formulae I and II are found in Appendix
"C". Reference should be made to the Minimum Distance Separation Formulae as
developed by the Ontario Ministry of Agriculture and Rural Affairs, as amended from
time to time, in completing the required calculations.
4.15 Motor Vehicle Service Stations and Fuel Bars:
4.15.1 No portion of any fuel pump island, fuel pump island canopy or kiosk, shall be located
closer than 5.0 metres to any street line or sight triangle.
4.15.2 The minimum distance between access driveways shall be 10.0 metres.
4.15.3 The interior angle of intersection between an access driveway and the street shall not be
less than 45 degrees for a one way entrance or exit or less than 70 degrees and not greater
than 90 degrees for two way entrances.
4.15.4 All repair and mechanical servicing of motor vehicles shall be conducted within a wholly
enclosed building and there shall be no outdoor storage permitted.
4.16 Non-Complying Lots, Buildings and Structures
4.16.1 Existing undersized lots:
a) Where a lot, having a lesser lot area or lot frontage than that required:
i.
is held under distinct and separate ownership from abutting lots or was legally
created prior to the passing of this By-law; or,
ii.
is created as a result of an expropriation; or
iii.
is created as a result of a natural severance such as the presence of a public
road, a navigable waterway or a railway;
then the lot shall be deemed to conform to the requirements of this By-law with
respect to the lot area or lot frontage, and the provisions respecting lot area and lot
frontage shall not apply to prevent a permitted use, building or structure, provided
that all other applicable provisions of this By-law are complied with and provided that
a sewage disposal system (where required) can be installed on the lands.
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b) Where lands are added to an existing undersized lot that complies with (a) above, the
resulting lot shall be deemed to comply with (a) above.
4.16.2 Reconstruction and Repair of Existing Non-Complying Buildings and Structures:
a) Where in any Zone, a non-complying building or structure is destroyed by fire or
natural disaster, such non-complying building or structure may be reconstructed
provided the height, size or volume of the building or structure is not increased.
b) Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any building or structure or part thereof lawfully used on the date of
passing of this By-law, provided that the strengthening or restoration does not
increase the building height, size or volume.
By-law 2017/83
By-law 2017/83
By-law 2017/83
c) The voluntary replacement of an existing non-complying building or structure shall be
required to meet the provisions of the zone in which the lot and building are located
except where other existing structures on the lot or physical site constraints preclude
meeting the applicable zone requirements, in which case the structure shall be
permitted to be reconstructed as close to compliance with the by-law requirements
as possible, and subject to the requirements of Section 4.16.3.
d) Submission of an application for a building permit to reconstruct or repair a legal
structure, relying upon Subsections (a) and (b) above, must occur within two years of
the damage or destruction, otherwise these subsections do not apply.
4.16.3 Addition, Extension, Enlargement or Replacement of Existing Non-Complying Buildings
and Structures:
a) The enlargement, extension or addition to a legal non-complying building or structure
that does not comply with the front yard, rear yard, side yard or setback requirements
may be permitted, provided:
i.
the situation of non-compliance is not further increased;
ii.
the amount of floor area in a required yard or setback area is not increased by
more than 25% from the date of passing of this By-law;
iii.
it does not pose a threat to public health or safety; and,
iv.
all other applicable provisions of this By-law are complied with.
4.16.4 Interior Alterations: Nothing in this By-law shall prevent the interior alteration of a
legal non-complying building or structure.
4.17 Non-Conforming Uses
4.17.1 Continuation of Use: The provisions of this By-law shall not apply to prevent the use of
any lot, building or structure for any purpose prohibited by the By-law if such lot,
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building or structure was lawfully used and legally established for such purposes on the
date of the passing of this By-law so long as it continues to be used for that purpose and
the use has not been discontinued.
4.17.2 Change of Use: No change in the use of any land, building or structure shall be permitted,
unless such change in use complies with the permitted uses within the zone in which such
land, building or structure is located or unless such change has been approved through
the provisions of the Planning Act.
4.17.3 Exterior Extensions: No building or structure, which at the date of passing of this By- law
was used for a purpose not permitted within the zone in which it is located, shall be
enlarged or extended unless such building is thereafter to be used for a purpose
permitted within such Zone and complies with all requirements of the By-law or unless
approved through the provisions of the Planning Act.
4.17.4 Reconstruction or Repair of Existing Non-Conforming Buildings and Structures: Where a
building or structure containing a legal non-conforming use is damaged or destroyed, the
reconstruction or repair of the building or structure is permitted provided the
reconstruction or repair does not increase the original footprint, building size, height or
location and provided the reconstruction or repair occurs within two years.
4.17.5 Interior Alterations: Nothing in this By-law shall prevent the interior alteration of a legal
non-conforming building or structure.
4.18 Outdoor Storage, Display of Goods and Material
4.18.1 Outdoor Storage: Where outdoor storage is permitted, the following provisions shall
apply:
a) Outdoor storage is located behind the front or exterior wall of the main building
facing any street and complies with all yard requirements;
b) Any portion of a lot used for outside storage is screened from adjacent uses and
streets adjoining the lot by a building, planting strip, and or fence at least 2.0 metres
in height from the ground; and,
c) The area used for outdoor storage shall be in addition to the areas required for
parking, loading and landscaping.
4.18.2 Outdoor Display of Goods and Materials: Where outdoor display and sale of goods and
materials is permitted, the following provisions shall apply:
a) Such outdoor display and sale shall be accessory to a commercial use carried on in an
enclosed building, or portion thereof, on the same lot;
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b) The area used for outside display and sale shall be in addition to the areas required
for parking, loading and landscaping; and,
c) The area used for outside display of goods and materials shall comply with the yard
requirements for the zone in which the land is situated.
4.19 Permitted Uses in All Zones:
4.19.1 The following uses are permitted in any zone:
a) a telephone booth;
b) a tool shed, scaffold or other such building or structure incidental to any construction,
provided it is located on the premises where such work is under way, until such
construction has been finished or discontinued for sixty (60) days;
c) a temporary sales office in a plan of subdivision or condominium description
incidental to construction and sale of lots, units or buildings in such development until
construction has been finished or discontinued for sixty (60) days, but no such sales
offices shall be established within 30 metres of any occupied dwelling;
d) a trailer, a temporary construction structure incidental to construction and used
temporarily for office or storage purposes, provided that the trailer or camp is located
on the same lot as the construction and in compliance with the yard requirements for
the zone in which is it located and provided the trailer or structure shall not be located
on the premises until a building permit for said construction has been issued and the
trailer or structure shall be removed within 60 days of the completion or
discontinuance of construction; but in no case shall the trailer or structure remain on
the lot for a period exceeding one year from the date of issue of the building permit;
e) a guardhouse or gatehouse located in any industrial zone;
f) a ticket office to serve a vehicle parking lot;
g) a receiving/transmitting tower or any steel tower used for signaling purposes and
associated buildings, provided the tower and buildings are located at a minimum
distance of 150 metres from the boundary of a residential zone, and provided the
minimum lot area is 2 hectares;
h) decorative walls, fences, planting strips, walkways and other landscaping structures
subject to the regulations contained herein;
i)
recreational trails and minor associated structures including outdoor sports
courts/fields;
j)
an aerodrome;
k) the processing of firewood for private use;
l)
temporary special events licensed or approved by the Municipality of West
Nipissing;
m) a conservation use;
n) flood or erosion control facilities.
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4.20 Public uses:
4.20.1 The provisions of this By-law shall not apply to the use of any land or to the erection or
use of any building or structure for the purpose of public service by the Municipality or
by any local Board, any department of the Government of Ontario or Canada, including
Hydro One or any telephone, telegraph or gas company, or any railway provided that:
a) The lot coverage, setback and yard regulations prescribed for the Zone in which such
land, building, or structure is located are complied with;
b) No goods, materials, or equipment are stored in the open in a Residential Zone or in
a lot adjacent to a Residential Zone.
4.20.2 Nothing in this By-law prevents the use of land for a public road or private road or
prevents the installation of a water main, sanitary sewer main, storm sewer main, gas
main, pipeline, lighting fixture, transit shelter, or overhead or underground hydro or
telephone lines.
4.21 Pits and Quarries:
4.21.1 The making, establishment or operation of pits or quarries is prohibited within the area
covered by this By-law, except in the locations specifically permitted by this by-law, and
in accordance with the provisions of this By-law. No person shall use land or erect any
building or structure for the purpose of processing, blasting, washing, screening, sorting
or crushing rock, sand or gravel, except as expressly provided for in this By-law.
4.22 Prohibited Uses/Activities:
4.22.1 Except as otherwise specifically permitted in this By-law, the following uses are prohibited
in any zone:
a) The use of any motor vehicle, truck, bus, coach, railway car or street car body for
human habitation.
b) The use of school portables for human habitation;
c) The use of any cargo or shipping container, truck, truck trailer, bus, or coach body for
storage, sales, or human habitation;
d) Galvanized steel structures on properties in the Residential One (R1), Residential Two
(R2), Residential Three (R3), Residential Four (R4) or Shoreline Residential (SR) zones;
e) The storage of derelict vehicles, cargo containers, streetcars, truck bodies, or trailers
unless specifically permitted by this By-law;
f) The parking or storage of boats, trailers or commercial and non-commercial motor
vehicles on a vacant lot, unless the motor vehicle, boat, tourist trailer or other similar
Municipality of West Nipissing
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vehicle is located behind the minimum front yard setback for the zone in which it is
located.
g) No recreational vehicle or travel trailer shall be used within the Municipality for a
period of more than 90 days within a 12 month period for living, sleeping or eating
accommodation, unless it is in a recognized trailer park.
h) The outdoor storage of partially dismantled motor vehicles, trucks, trailers, motor
vehicles, or parts of vehicles other than in a permitted wrecking or scrap yard; no
person may park or store on any lot in any zone any vehicle that does not have licence
plates issued within one year except that one such vehicle may be stored inside a
private garage in a Residential Zone and any number of such vehicles may be stored
within an automobile body repair shop in an Industrial Zone.
i)
Tracks or other areas developed for the racing or running of motorcycles, all terrain
vehicles, snowmobiles, or other motorized recreational vehicles unless specifically
permitted by this By-law. This is not intended to interfere with any lawful use of a
public road or highway, or enjoyment of private property by the owners or tenants of
such property or the use of an organized trail approved by the Township;
j)
The manufacturing, refining, rendering, bulk storage or distillation of fertilizers, oil,
glue from organic sources, acids, ammonia, chlorine, coal, creosote, explosives,
petroleum, tar, fireworks, ammunition, glue, petroleum, tar, or other hazardous
materials unless specifically permitted as a use in this By-law or stored for sale in
direct association with a permitted use in the Zone and on the property on which the
permitted use occurs;
k) The bulk storage of industrial chemicals and the storage of radioactive, hazardous
waste, hazardous biological waste, or liquid industrial waste unless specifically
permitted by this By-law or stored for sale in direct association with a permitted use
in the Zone and on the property on which the permitted use occurs;
l)
The manufacturing or bulk storage of combustible, explosive, inflammable, or
dangerous liquids, gases, or materials unless specifically permitted as a use in this By-
law or stored for sale in direct association with a permitted use in the Zone and on
the property on which the permitted use occurs;
m) Rendering of fats or animal products, a tannery, or an abattoir unless specifically
permitted; and,
n) A hunt farm.
A prohibited use above shall only be permitted if such use is a normal and integral
component of a permitted use or shall be specifically listed as a permitted use.
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4.22.2 OBNOXIOUS USE: Notwithstanding any other provision of this By-law, no use shall be
permitted which, from its nature or the materials used therein, is declared under the Public
Health Act, to be an obnoxious use.
4.23 Public Road, Private Road, Condominium Access or Navigable Waterway:
4.23.1 Frontage on a Public Road: No person shall erect any building or structure in any zone
unless the lot fronts upon and is directly accessible from a public road. This provision does
not apply where there is a road use agreement with the Municipality granting use over
the public road, or where the lot is used for a hunt camp or resource use.
4.23.2 Unassumed Road: The provisions of this By-law shall not apply to prevent the erection of a
permitted building or structure on a lot in a Registered Plan of Subdivision where a properly
executed subdivision agreement has been entered into with the Municipality where the
street or streets will not be assumed by the Municipality until such time as specified in the
agreement.
4.23.3 Private Road Access: Notwithstanding Section 4.23.1, where a lot does not front upon a
public road, a building permit may be issued for a permitted building or structure provided:
(a)
The lot meets all of the other requirements of this By-law and has access by way of
a legal private right-of-way or approval from the Ministry of Natural Resources where
the private road crosses over Crown Land; and
(b)
The applicant, prior to a building permit being issued, provides a written
acknowledgement that:
i.
the owner acknowledges and agrees that the lot in question does not front on a
public road;
ii. the owner acknowledges and agrees that the Municipality does not maintain or
snow plow the private road; and
iii. the owner acknowledges and agrees that the Municipality will not take over or
assume a private road as a public road unless it has been built according to
Municipal standards.
4.23.4 Access by Navigable Waterway: Notwithstanding Section 4.23.1, where a lot is accessed only
by navigable water, the owner is responsible for obtaining access to the lot, and a building
permit may be issued for a permitted building or structure provided the lot meets all other
requirements of the By-law.
4.23.5 Condominium Access: Notwithstanding Section 4.23.1, where a lot is developed by
condominium description, the lot frontage and access may be on a private road for individual
units within the condominium description.
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4.24 Seasonal Residential Conversions:
4.24.1 The conversion of a seasonal residential dwelling to a permanent residential dwelling may
be permitted provided the existing sewage disposal system is upgraded to current
standards.
4.25 Sight Triangles
4.25.1 Street Intersections: Notwithstanding any other provisions of this By-law, in any corner
lot, no building, structure, berm, fence, tree, hedge, or shrub with height exceeding 1.2
metres above the grade of the road, shall be erected within the triangular space measured
along the street lines for a distance of 9 metres from their point of intersection;
4.25.2 Railway Intersections: Where any public street crosses a railway at the same grade, no
building, structure, berm, fence, tree, hedge or shrub with a height exceeding 1.2 metres
above the grade of the road or railway shall be erected within 20.0 metres ofthe point of
intersectionof the centre line of both the railway and the street.
4.26 Signs:
4.26.1 Any sign shall be in conformity with the respective requirements of the Ministry of
Transportation, or the Municipality.
4.27 Special Setback Requirements
4.27.1 Provincial Highways:
a) Notwithstanding any other provision in this By-law, properties located adjacent to a
provincial highway will be subject to the setback requirements of the Ministry of
Transportation.
b) In addition to all applicable municipal requirements, all proposed development
located in proximity of a provincial highway, within Ministry of Transportation permit
control area, will be subject to the approval of the Ministry of Transportation. A
Ministry of Transportation permit shall be obtained prior to any construction being
undertaken.
4.27.2 Minimum setback from occupied limit of a road in the Rural (RU), Rural Residential (RR),
Agriculture One (A1) and Agriculture Two (A2) Zones: 10 metres from the centre line of
the travelled road.
4.27.3 Pipelines: No building or structure shall be located within 7.0 metres of a Pipeline right-
of-way.
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4.27.4 Watercourses: Buildings and structures, unless specifically permitted in this By-law, shall
be setback a minimum of 18.0 metres from any navigable watercourse and 10.0 metres
from any other identifiable watercourse (excluding a municipal drain), with the setback
to be measured from the high water mark.
4.28 Temporary Uses
4.28.1 Construction:
a) A temporary building, structure, storage container or trailer incidental to the construction
of a principal building on a lot is permitted in all Zones provided that a valid building
permit has been issued, but only for as long as it is necessary for the work in progress
and until the work is completed or abandoned. In this case, 'abandoned' shall mean the
failure to proceed with the work within a one year time period.
b) The continued use of an existing dwelling or building on a lot during the construction of
a dwelling or building intended to replace such dwelling or building is permitted provided
that:
i.
In no case may such existing building remain un-demolished on the lot for longer
than 60 days after the building intended to replace such existing building is ready
in whole or in part for occupancy, or two years after the date of issue of the
building permit for the building intended to replace such existing building,
whichever comes first;
ii.
Safety and emergency access are provided and maintained to the satisfaction of
the Chief Building Official and the Fire Chief; and,
iii.
The Owner enters into a demolition agreement with the Township including the
posting of securities sufficient to cover the costs of such demolition of such existing
building by the Municipality in the event it is not demolished within the timeframe
stipulated above.
4.28.2 Sales office/model home: One temporary sales office and/or up to four (4) model homes
may be located on lands which are the subject of a draft approved plan of subdivision or
condominium in any Residential, Commercial or Industrial Zone provided that:
a) The temporary sales office and model home are located in accordance with the zone
provisions of the zone in which it is located; and,
b) An Agreement has been executed with the Municipality addressing the temporary
sales office and model homes. The agreement may permit up to four (4) model
homes.
By-law 2023/46
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CONSOLIDATION June 1, 2018
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4.29 Through Lots:
4.29.1 Where a lot, which is not a corner lot, has lot 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 this By-law.
4.30 Travel Trailers and Recreational Vehicles:
4.30.1 The parking and storage of more than one travel trailer or recreational vehicle shall be
prohibited in the Residential One (R1), Residential Two (R2), Residential Three (R3) and
Residential Four (R4) Zones except where such parking or storage is a permitted use in
accordance with this By-law or is accessory to a dwelling located on the lot and the travel
trailer or recreational vehicle is owned by the occupant of the lot. No human habitation
shall be permitted except in accordance with Section 4.22.1 (g) in a stored travel trailer
or recreational vehicle.
4.31 Waste Management Influence Area Overlay
4.31.1 Lands located within the Waste Management Influence Area as shown on the Schedules
to this by-law are subject to a Holding (H) provision and shall be used for no other purpose
than those uses which legally existed prior to the passing of this By-law. The uses
permitted within the underlying zone shall not be permitted and the Holding (H) provision
removed until a ground and surface water study (hydrology and hydrogeology study) and
methane gas migration study, and any other study as may be required by the Municipality,
have been completed to the satisfaction of the Municipality to demonstrate that there
will be no adverse public health and safety risks associated with the former waste disposal
site(s), and to require that the owner enter into a development agreement with the
Municipality to implement the recommendations of the studies. Notwithstanding the
above, such studies shall not be required for the following:
a) interior alterations to existing structures;
b) exterior alterations that do not expand the footprint of an existing structure;
c) new structures or alterations to existing structures where such structures do not
prevent the free movement of air into the atmosphere; and
d) any structure that does not require a building permit.
4.32 Water Supply and Sewage Disposal Systems:
4.32.1 Connection to Services - Full or Partial Municipal Sewer and Water Service: No land may
be used, and no building or structures may be erected unless:
a) connected to a municipal sanitary sewer and/or water supply within the settlement
areas identified on the schedules to this by-law; or
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b) where municipal services are not available, alternative servicing arrangements are
provided to the satisfaction of the Municipality.
4.32.2 Commercial or Industrial Uses in Areas without Full Municipal Services:
Notwithstanding any other provisions of this By-law with regard to servicing requirements
for an industrial or commercial use, where full municipal services are not available, and
privately serviced development is permitted, only dry industrial or commercial uses shall
be permitted. Dry industrial or commercial uses are those in which only the disposal and
treatment of domestic waste of employees and customers is permitted. No treatment of
industrial liquid wastes or processed waste is allowed. This provision does not apply to
prevent the on-site treatment of kitchen or sanitary wastes from a permitted commercial
eating establishment. This provision also does not apply where a use has been approved
by the Municipality or any other responsible authority, on the basis of an advanced
private treatment system. In such cases, it must be demonstrated to the satisfaction of
the Municipality, Ministry of the Environment, and/or other responsible authorities, in
studies submitted by the applicant, that appropriate treatment can be provided with no
detrimental impact to surface, groundwater resources, and the surrounding environment.
4.33 Wayside Pits and Quarries and Portable Asphalt Plants
4.33.1 Where specifically permitted in the By-law, a wayside pit or quarry or a portable asphalt
plant shall be subject to the following provisions:
a) the wayside pit or quarry or the portable asphalt plant shall be used by or on behalf
of a Public Authority;
b) the wayside pit or quarry or the portable asphalt plant shall have a Certificate of
Approval from the Ministry of Environment and Energy or its designate;
c) the wayside pit or quarry or portable asphalt plant shall not be located closer than
300 metres from an existing residence; and
d) upon completion of the public project, the site shall be rehabilitated to its former
use.
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Section 5:
Parking and Loading Requirements
5.1
General
5.1.1
The parking and loading space requirements of this Section of the By-law shall apply:
a) when any new development is constructed;
b) when any existing development is enlarged; or
c) when any use is changed.
5.1.2
No person shall use any land, building or structure in any Zone for any purpose permitted
by this By-law, unless parking spaces are provided in accordance with the requirements of
this Section.
5.1.3
Parking and loading spaces required by this By-law and all driveways and aisles leading to
those spaces must be set aside for and used exclusively for that purpose.
5.2
Parking Space Requirements
5.2.1
Number of Parking Spaces: Off-street motor vehicle parking shall be provided for any land
use at the rate set out in Table 5.1.
TABLE 5.1- PARKING REQUIREMENTS
Type of Building/Use
Minimum Off-Street Parking Requirements
Any
commercial
use,
except
those
uses
specifically listed elsewhere in this Section
1 parking space for each 25 square metres of
gross floor area
Any industrial use, except those uses specifically
listed elsewhere in this Section
1 parking space for each 50 square metres of
building floor space on the lot.
Any other non-residential use, except those uses
specifically listed elsewhere in this Section
1 parking space per 25 square metres of gross
floor area; a minimum of 10 parking spaces for
open air activity areas
-
Bakery,
-
Business, professional or administrative
office,
-
Convenience Store,
-
Factory Outlet,
-
Grocery Store,
-
Health Services Establishment,
-
Home Industry,
-
Home Occupation,
1 parking space per 20.0 square metres of gross
floor area of commercial space accessible to the
public, PLUS 1 parking space for each 50 square
metres of storage area
Municipality of West Nipissing
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Type of Building/Use
Minimum Off-Street Parking Requirements
-
Kennel,
-
Laundromat,
-
Light Equipment Rental Establishment,
-
Market,
-
Merchandise Service Shop,
-
Personal Service Shop,
-
Retail Store,
-
Service and Repair Shop,
-
Veterinary clinic,
-
Video Outlet/Rental Store
-
Bowling Alley;
-
Curling Rink
1 parking space for each 2 persons in the design
capacity of the establishment, (designed capacity
shall mean 6 persons per bowling lane and 8
persons per curling sheet) plus 1 parking space for
every 20 square metres of area devoted to public
use.
Building Supply Establishment
1 parking space per 45 sq. metres of gross floor
area
-
Driving Range,
-
Mini-golf
1 parking space for each hole or tee
Dwelling Unit:
2 parking spaces per dwelling unit, except for:
-
Apartment Dwelling, where 1.25 parking
spaces per dwelling unit is required;
-
Accessory dwelling unit or Secondary
Detached dwelling, where 1 parking space
per dwelling unit is required.
-
Dwelling Unit in a Non-Residential Building,
where 1 parking space per dwelling unit is
required.
Educational Institution
-
1 parking space per 100.0 square metres of
gross floor area and 1 space per portable for
an Elementary school;
-
parking space per 100.0 square metres of
gross floor area and 1 space per portable for
a Secondary school;
-
2 parking spaces per 100.0 square metres
for all other educational institutions
-
Agricultural Uses
-
Greenhouse/nursery/garden centre
2 parking spaces per farm, plus 1 parking space for
every 20 sq. metres of gross floor area devoted to
retail sales and 1 parking space for every 100 sq.
metres of gross floor area devoted to processing
or manufacturing uses.
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Type of Building/Use
Minimum Off-Street Parking Requirements
-
Financial Establishment
-
Business, professional or administrative
office
1 parking space for each 25.0 square metres of
commercial floor space of the building.
Funeral Home
1 parking space for each 5 seats capacity with a
minimum of 10 parking spaces.
Golf Course
30 parking spaces for each 9 holes of golfing
facilities
Group Home
2 parking spaces, one of which is accessible, plus
1 space for every five residents
-
Hospital,
-
Nursing Home,
-
Residential Care Facility
1 parking space for each 2 beds.
-
Bed and Breakfast Establishment,
-
Hotel,
-
Housekeeping Cottages and Cabins,
-
Motel,
-
Resort Establishment,
-
Tourist
Establishment
or
Camping
Establishment
1 parking space for each guest room, plus 1
parking space per 10.0 square metres of gross
floor area devoted to meeting, dining and
banquet facilities
Marina
1 parking spaces for each new boat slip
-
Mobile Home Park
-
Trailer Park
1.5 parking spaces per unit
-
Motor Vehicle Body Shop,
-
Motor Vehicle Repair Facility,
-
Motor Vehicle Service Station
3 parking spaces per service bay plus 1 parking
space per 20.0 square metres of gross floor area
for the office and any retail use.
Motor Vehicle Gas Bar
1 parking space per 20.0 square metres gross
floor area exclusive of fuel dispensing spaces
Motor Vehicle Sales Establishment
1 space per 20.0 square metres gross floor area
exclusive of display and storage parking
-
Eating establishment,
-
Library,
-
Place of assembly,
-
Place of recreation,
-
Place of worship
Where there are fixed seats, one parking space for
every 5 seats or 3.0 metres of bench space of its
maximum seating capacity. Where there are no
fixed seats, 1 parking space for each 10 square
metres of floor area devoted to public use.
Public Self-Storage Warehouse
1 parking space per 30.0 square metres of gross
floor area within the office; plus 1 parking space
per 100.0 square metres of gross floor area of
the building.
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Type of Building/Use
Minimum Off-Street Parking Requirements
-
Tourist Camping
-
Camping Establishment
-
Trailer Park
1 parking space for each tent or trailer site plus 1
visitor parking space for each 4 sites
-
Warehousing,
-
Contractor's Establishment,
-
Wholesaling
1 parking space per 100.0 square metres of gross
floor area
5.2.2
Parking Space Calculation:
Where the minimum number of parking spaces is calculated on the basis of a rate, the
required number of spaces shall be rounded to the next higher whole number.
5.2.3
More than One Use on a Lot
When a lot, building or structure accommodates more than one type of use, the parking
space requirement for the whole building or site shall be the sum of the requirement for
the separate parts of the building or site occupied by the separate types of use.
5.2.4
Parking Space Size: A motor vehicle parking space shall have:
a) A minimum width of 3.0 metres; and,
b) A minimum length of 6.0 metres, except for parallel parking, where a minimum
length of 6.5 metres is required.
5.2.5
Width of Aisles
The minimum width of an aisle providing access to a parking space within a parking area
shall be 6.0 metres, except in the case of angled off-street parking accessed by a one-way
aisle, which shall be a minimum width of 4.5 metres.
5.2.6
Width of Access Ramps and Driveways
By-law 2017/83
a) Access ramps and driveways accessing a parking area or parking lot shall be a
minimum of 3.0 metres in width for one-way traffic and a minimum of 6.0 metres in
width for two-way traffic.
b) For a Commercial, Industrial, Institutional or Municipal Parking Lot, a minimum of
9.0 metres in width shall be provided.
c) In all Residential Zones, for a driveway providing access to an individual dwelling unit,
the maximum driveway width shall not exceed 50% of the lot frontage.
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5.2.7
Tandem Parking
Tandem parking is permitted for the required parking spaces for a single detached
dwelling, duplex, semi-detached dwelling, townhouse unit, accessory apartment and bed
and breakfast establishment. For the purposes of this Section, tandem parking refers to
parking spaces that are located one behind the other, without access from a separate
driveway or aisle.
5.2.8
Parking Area Surface Treatment
All required parking spaces and parking areas and all driveways to any parking area or
parking lot shall be maintained with a stable surface which is treated with asphalt,
concrete, concrete pavers, gravel or similar material which is treated so as to prevent the
raising of dust or loose particles.
5.2.9
Location of Required Parking Spaces
Parking spaces and all driveways and aisles leading to those spaces shall be:
i)
located on the same lot as the use or building for which they are provided; or
ii) located on a lot located within 150.0 metres of the site in the C1 zone, provided
the parking facilities are legally secured for that use, to the satisfaction of the
Municipality; or
iii) for water access properties, the parking area may be more than 150.0 metres
of the site.
5.2.10 Parking Area Location on a Lot
Parking areas will be permitted in any required yard in accordance with Table 5.2.
TABLE 5.2 - PARKING AREA ON LOT
Zone
Yard in Which Required Parking Permitted
Residential Zones, except
Shoreline Residential (SR)
All yards.
No parking space shall be permitted within 3.0 metres of a street line.
Shoreline Residential (SR)
Zone
All yards except the front yard.
Commercial, Community
Facility, Industrial, Open
Space and Hazard Zones
All yards provided that no part of any parking area, other than the
ingress or egress points, is located closer than 1.0 metre to any street
line and no closer than 1.5 metres to any lot line and provided that no
part of any parking area is located in a minimum planting strip adjacent
to a street line as required by this By-law.
Agricultural
and
Rural
Zones
All yards provided that no part of any parking area, other than the
ingress and egress points used for access from the street, is located
closer than 5.0 metres to any street line or any other lot line.
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5.2.11 Parking Illumination
Where parking areas are illuminated, the lighting fixtures shall be provided in accordance
with the following provisions:
a) No part of the lighting fixture shall be more than 9.0 metres above grade;
b) They shall be installed in such a manner that all light emitted by the fixture, either
directly from the lamp or a diffusing element, or indirectly by reflection or refraction
from any part of the fixture is projected below the lamp and onto the lot the lighting
is intended to serve; and,
c) Setback 1.5 metres from any street line.
5.3
Designated Accessible Parking
5.3.1
Number of Accessible Parking Spaces Required
The minimum designated accessible parking spaces requirements for new development
shall be as noted in Table 5.3.
TABLE 5.3 - ACCESSIBLE PARKING REQUIREMENTS
Total Number of Parking Spaces Required
Minimum Accessible Spaces Required
1 - 25
1
26 - 50
2
51 - 75
3
76 - 100
4
101 and beyond
5 spaces plus 1 additional space for each
50 spaces beyond 150 spaces
Additional Requirements: In the case of restaurants and health services, the minimum
number of designated accessible parking spaces noted in Table 5.3 shall be increased by
one.
5.3.2
Parking Space Size: A designated accessible parking space for motor vehicles shall have:
a) A minimum width of 3.5 metres;
b) A minimum length of 6 metres;
c) An adjacent 1.75-metre-wide aisle that is hatch marked on the parking lot, which
may be shared by two adjacent designated accessible spaces;
d) A firm, level surface;
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e) Easy access for disabled persons, whether via ramps, depressed curbs or other means
and shall be located within easy access distance for the building or complex intended
to be accessed; and
f) Signs to identify barrier-free parking spaces in conformance with the regulations made
under the Highway Traffic Act.
5.4
Queuing Lane Requirements (Drive through service):
5.4.1
Where drive-through service facilities are permitted, queuing lanes are required and shall
be exclusive of any other parking space and aisle requirements contained within this By-
law and shall be provided in accordance with the provisions of this section.
The minimum queuing space requirements within a designated queuing lane shall be as
set out in Table 5.4. In addition, one space shall be provided for each point of service
delivery.
TABLE 5.4 - QUEUING LANE REQUIREMENTS
Use Associated with Drive-
Through Service Facility
Minimum Required
Ingress Spaces
Minimum Required Egress
Spaces
Financial Institution
3
1
Restaurant
10
2
Motor vehicle service station or
Gas Bar
3
1
Motor vehicle washing
establishment
3 per bay
2
All Other Uses
3
1
5.4.2
Location of Ingress and Egress Spaces
Required ingress spaces shall be located before the first point of contact and required
egress spaces shall be located after the final point of contact.
5.4.3
Length of Queuing Lane
The length of the queuing lane associated with the drive-through service facility shall be
the total number of required ingress spaces and egress spaces, plus one space for each
point of service delivery and shall not form part of the required parking spaces or aisles.
5.4.4
Size of Queuing Space
All queuing spaces shall be rectangular in shape, with a minimum length of 6.0 m and a
minimum width of 2.75 m.
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By-law 2017/83
5.5
Parking of Special Vehicles
5.5.1
Vehicle Storage and Display
Where a permitted use involves the storage and/or display of operational motor vehicles,
such as a motor vehicle dealership, such storage and/or display shall be subject to the same
provisions that would apply to any parking area required by this By-law.
5.5.2
Parking of Boats and Trailers
a) A maximum of one (1) boat, one (1) travel or tent trailer and one (1) other non-travel
(utility) trailer are permitted to be stored outside on a lot in a Residential One (R1),
Residential Two (R2), Residential Three (R3) or Residential Four (R4) Zone only as an
accessory use to a dwelling, provided the boat or trailer is licensed, in good repair and
in serviceable condition and is owned by an occupant of the dwelling unit.
b) There is no maximum to the number of personal use boats or trailers stored on a lot
in the Shoreline Residential (SR), Rural Residential (RR), Rural (RU) or Agricultural One
Zone (A1) Zones provided the boats or trailers are licensed, in good repair and in
serviceable condition.
c) The parking or storage of a boat, travel or tent trailer or other non-travel (utility) trailer
may be permitted in all required yards in the R1-R4 zones, but no closer than
1.5 metres to any lot line provided the boat or trailer is licensed, in good repair and
in serviceable condition.
d) In the Residential One, Residential Two, Residential Three and Residential Four Zones,
such boat, travel trailer, tent trailer or non-travel (utility trailer) if parked in the front
yard, must be located in the driveway of the dwelling.
e) In all other zones, the minimum distance from the boat, travel trailer or tent trailer or
non-travel (utility) trailer to the lot line shall be 3m.
5.5.3
Parking of School Buses
In a Residential Zone, a maximum of one (1) school bus is permitted to be parked on a lot
as an accessory use to a dwelling unit provided the school bus is driven by an occupant of
the dwelling unit and the bus shall be parked no closer than 15.0 metres to the exterior
wall of an adjacent residential dwelling unit.
5.5.4
Prohibition on Parking of Unlicensed Motor Vehicles
Unless otherwise specifically permitted in this By-law, an unlicensed motor vehicle shall
not be parked on a lot. Notwithstanding this provision, the parking of unlicensed farm
vehicles which have not been abandoned and are in a workable condition, as a permitted
agricultural use, is permitted. Furthermore, notwithstanding this provision, the parking of
unlicensed vehicles for sale is only permitted where vehicle sales are a permitted use.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 56
5.6
Loading Space Requirements
5.6.1
Off-Street Loading Spaces
Off-street loading spaces shall be provided in accordance with the standards of this By- law
for any use. Required loading spaces shall be located on the same lot as the use that
requires the loading space and shall be provided as set out in Table 5.5.
TABLE 5.5 - LOADING SPACE REQUIREMENTS
Gross Floor Area
Number of Loading Spaces Required
250 square metres or less
1 loading space
251 square metres to
1,999 square metres
2 loading spaces
2,000 square metres or greater
3 loading spaces
5.6.2
Size of Loading Space/Loading Area
Each loading space shall be a minimum of 12.0 metres long, 3.5 metres wide and have a
vertical clearance of at least 4.2 metres, except where only 1 loading space is required the
loading space may be reduced to a minimum of 6.0 metres long, 3.5 metres wide and have
a vertical clearance of at least 3.0 metres.
5.6.3
Location of Loading Spaces
a) Required Loading spaces shall be provided on the same lot for the use or building for
which it is required, and the loading space(s) shall be located within 20.0 metres of
the use or building for which is it required.
b) Such loading space shall not be located in a required yard.
c) Loading spaces shall not obstruct any required parking spaces or vehicular movement
on the lot.
d) In all Zones, with the exception of any Industrial Zone, loading spaces are not
permitted in the front yard or exterior side yard and loading bay doors are not
permitted on any wall facing a street unless the loading space and loading bay door
are located no closer than 10.0 metres from any street line.
5.6.4
Access to Loading Spaces
Where a loading space(s) is required, the access to the loading space(s) shall be provided
by means of a driveway that is a minimum of 6.0 metres wide in the Industrial Zones and
Institutional Zones and a minimum of 3.5 metres wide in a Commercial Zone.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 57
Section 6:
Residential
6.1
Establishment of Residential Zones
The Residential Zones established by this By-law are:
ZONE
SYMBOL
DESCRIPTION
Residential One Zone
R1
Single detached Residential Zone
Residential Two Zone
R2
Single detached and Two Unit Residential Zone
Residential Three Zone
R3
Medium Density Residential Zone (3 to 8 units)
Residential Four Zone
R4
High Density Residential Zone (8+ units)
Shoreline Residential Zone
SR
Shoreline Residential
Rural Residential
RR
Rural
Mobile Home Residential
MHR
Mobile Home Park
6.2
General Prohibition
No person shall within any Residential Zone, use any land, or erect, alter, or use any building or
structure except as specified hereunder, and in accordance with all other applicable provisions of
this By-law.
6.3
Permitted Uses
Uses permitted in a Zone are noted by the symbol '' in the column applicable to that Zone and
corresponding with the row for a specific permitted use in the Permitted Uses Table. A letter(s)
following the symbol '', zone heading or identified permitted use, indicates that one or more
conditions apply to the use noted or, in some cases, to the entire Zone. Conditions are listed in
the Footnotes below the Permitted Uses Table, Table 6.1, and Accessory Uses Table, Table 6.2.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 58
TABLE 6.1 - PERMITTED USES
PRINCIPAL USE
ZONES
R1
R2
R3
R4
SR
RR
MHR
Dwelling, Single Detached
-
-
-
-
-
Dwelling, Semi-detached
-
-
Dwelling, Duplex
-
-
Dwelling, Multiple
-
-
Dwelling, Street Townhouse
(a)
-
-
Dwelling, Apartment
-
Dwelling, Seasonal
-
Dwelling, Mobile Home
-
-
Dwelling, Modular
-
-
-
- (b) - (b)
Park, Public
-
-
-
-
-
-
-
Notes: (a) A minimum of three (3) to a maximum of eight (8) dwelling units may be attached to each other.
(b) a modular dwelling may be a minimum double-wide unit.
TABLE 6.2 - ACCESSORY USES
ACCESSORY USE
ZONES
R1
R2
R3
R4
SR
RR
MHR
Accessory dwelling unit in a Single Detached
Dwelling or a Semi-detached Dwelling
-
-
-
-
-
Boarding House
-
-
-
Group Home
-
-
-
-
-
Home Industry (a)
-
Home Occupation (a)
-
-
-
-
-
-
Private Home Daycare
-
-
-
-
Personal Storage (a)
-
-
Bed & Breakfast Establishment
-
-
-
-
Note: (a) provided no activity related to the use occurs within 30 metres of a navigable watercourse.
(b) Provided that the dwelling is connected to full municipal services
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 59
6.4
Lot Requirements
TABLE 6.3 - RESIDENTIAL ZONE REQUIREMENTS
By-Law 2015/59
Height(s) of Accessory
Structures;
By-law 2017/83 R1 % Open
Space and R2 Area and
Frontage
REGULATION
ZONE
R1
R2
R3
R4
SR
RR
MHR
Lot Area (m2)
full services
450
450 (f)
900
900
n/a
n/a
n/a
partial services
2000
2000 (f)
n/a
n/a
n/a
n/a
n/a
private services
4000
4000 (f)
n/a
n/a
1 ha
1 ha
4 ha
.4 ha (e)
Lot Frontage (m)
full services
15
15 (f)
18 (b)
18 (b)
n/a
n/a
n/a
partial services
30
30 (f)
n/a
n/a
n/a
n/a
n/a
private services
60
60 (f)
n/a
n/a
60
60
135
Lot Coverage (%)
full services
50
50
40
40
n/a
n/a
n/a
partial services
25
25
n/a
n/a
n/a
n/a
n/a
private services
10
10
n/a
n/a
15
15
25
Maximum Lot Coverage for accessory
buildings (%) (a)
10
10
5
5
5
5
10
Yard Requirements
(m)
Front Yard
6
6
7.5
7.5
18
15
10
Rear Yard
7.5
7.5
7.5
7.5
7.5
15
10
Interior Side Yard
full services
1.2
1.2
3
6
n/a
n/a
n/a
partial services
3
3
3
6
n/a
n/a
n/a
private services
3
3
n/a
n/a
3
4.5
6
Exterior Side Yard
3
3
7.5
7.5
10
15
10
Setback from Road Centreline (m)
Provincial Highway
23
23
23
23
23
23
23
Setback from Watercourse (m)
18
18
18
18
18
18
18
Maximum Building Height (m)
11
11
11
11
11
11
4
Maximum Accessory Building Height (m)
6
6
6
6
7.5
7.5
6
Minimum Gross Floor Area per dwelling (m2)
70
70
60
60
70
70
30
Maximum Number of Dwelling Units (g)
1(h)
2(h)
8 (c)
(d)
1
1
10/ha
Minimum Landscaped Open Space (%)
30%
n/a
30
30
50
n/a
40
NOTES:
(a) included as part of total lot coverage
(b) the minimum frontage for a street townhouse shall be 7 metres for an interior unit and 10 metres for an end/exterior unit
(c) shall be based on a minimum of 225 square metres of lot area per dwelling unit, to a maximum of 8 dwelling units
(d) shall be based on a minimum of 120 square metres of lot area per dwelling unit
(e) if technical information pertaining to the physical characteristics and hyrdrogeology of the site in accordance with MOE D-Series
guidelines (or their successor documents) can demonstrate that a lot area less than 1 hectare can be supported, the minimum lot area
shall be as recommended in the technical study but in no case shall it be less than .4 hectares.
(f) for a semi-detached dwelling, the minimum standard shall be ½ the required minimum (By-law 2017/83)
(g) Amended by By-law 2023/46
(h) For properties with full municipal services, the maximum number of dwelling units is 3
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 60
6.5
Residential Exceptions
The Provisions of this Section are modified for those properties and to the extent identified in
Sections 6.5.1 to 6.5.6 below.
6.5.1
Exceptions to Residential One (R1) Zone
Exception
By-law
Location
Schedule
Special Provisions
R1-1
2016/66
Part of Lot 2, Concession C
Caldwell
SF5
The minimum rear yard shall be 2.9 m
R1-2
2019/71
Lot 6, Plan M-533 and Parts
4, 7, 9 and 11, 36R-13150,
being part of Block 13, Plan
36M-616, Part of Lot 6, Con
A, Springer
SF-7
The special zone shall comprise both
properties described herein, neither of which
may be conveyed, mortgaged or otherwise
dealt with separately without a further
amendment to the zoning by-law pursuant to
Section 34 of the Planning Act;
The only permitted use on the lot described as
Parts 4, 7, 9 and 11, 36R-13150 shall be a
detached garage, accessory to the principal
residential use on Lot 6, Plan M-533.
The garage shall meet the following
requirements;
-
Minimum front yard shall be 7.5 metres;
-
Minimum rear yard shall be 7.5 metres;
-
Minimum side yards shall be 3 metres.
All other provisions as applicable to the R1
zone continue to apply.
R1-3
2020/21
Part of Lot 6, Concession 1,
Part 2, 36R-8430, Part 1, 36R-
13191, Springer
SF1
Permitted uses shall include an accessory
dwelling unit in an accessory structure.
R1-4
2020/22
Part of Block 33, Plan 35,
Park 2, 36R-11040, Springer
SF2
Permitted accessory uses shall be as in Table
6.2 and shall also include a Home Industry (S
4.10) as a permitted accessory use.
R1-5
2025/90
382 Sabourin Road
Part Lot 3, Concession 1 & 2,
Springer
SF2
(a) A detached accessory dwelling unit is
permitted
(b) Only
one
(1)
detached
accessory
dwelling unit may be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws;
(d) A minimum of one parking space is
provided for the accessory dwelling unit
(e) The maximum lot coverage is 12%
(f) The maximum number of accessory
structures is four (4).
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 61
6.5.2
Exceptions to Residential Two (R2) Zone
Exception
By-law
Location
Schedule
Special Provisions
R2-1
2017/13
Lots 20-24 W/S Levesque
Street, Lots 20-24, E/S
Main Street, Sturgeon Falls
SF2
-
The minimum lot frontage shall be 12.5
m for single detached dwellings and
6.25 m/unit for duplex and semi-
detached dwellings
-
The minimum lot area shall be 350 m2
for single detached dwellings and 175
m2 for semi-detached and duplex
dwellings
-
The rear yard setback shall be 6.0 m
R2-2
2021/06
Floral Street, Lot 21, E/S
Floral Street Plan 14, Sturgon
Falls
SF-4
-
Table 6.1: Permitted Uses and
Accessory Uses shall be limited to
Personal Storage
-
Table 6.3
-
Maximum lot coverage: 30%
-
Yard requirements:
-
Front yard: 6m
-
Rear yard: 3m
-
Interior Side yard: 3m
R2-3
2022/04
Domina Crescent, being Part
of Lot 4, Concession 1 and
Part 5, Plan 36R-13041,
Springer
SF-2
Reduce minimum frontage from 18m to 6m.
R2-4
R2-5
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 62
6.5.3
Exceptions to Residential Three (R3) Zone
Exception
By-law
Location
Schedule
Special Provisions
R3-1
2016/02
Part of Lot 2, Concession 1,
Springer
SF6
The lot and yard requirements shall be as in
Table 6.3 for the R3 Zone except for the
front yard which shall be 4.5 m.
R3-2
2021/16
Principale Street, Verner,
Proposed Lots 2-7
F2-2
-
Permitted uses of a lot in the R3-2 zone
shall be as in Table 6.1 and shall further
include up to four (4) separate duplex
dwellings on one lot.
R3-3
R3-4
2022/01
12 Principale Street East,
being Parcel 9873, Part Lot
10, Plan M21, Caldwell
F3-1
-
The front yard and exterior side yard
set-backs shall be zero (0)
R3-5
2022/60
270 Coursol Rd, Part of Lot 2,
Concession 1 and Part 1, Plan
36R-9005, Sturgeon Falls
SF-6
Interior side yard: 1.2m
Exterior side yard: 1.2m
Front yard: 6.0m
R3-6
2023/39
Part of Block E, Plan M3,
Sturgeon Falls
SF-5
Permitted uses of the R3-6 zone shall be:
-
To allow a dwelling within an accessory
stucture
6.5.4
Exceptions to Residential Four (R4) Zone
Exception
By-law
Location
Schedule
Special Provisions
R4-1
2016/66
Part of Lot 2, Concession C
Caldwell
SF5
-
The minimum rear yard shall be 2.9 m
R4-2
R4-3
R4-4
2023/80
Pt Lots 23, 24 W/S Main St
and E/S Levesque St, Plan
11, Parts 1-8, Part of Parts 9
& 10, 36R-14258
SF-2
Minimum front yard setback: 4m
Minimum Exterior side yard setback: 4m
Maximum building height: 13m
Minimum lot are per unit: 85 sq.m.
Minimum landscaped open space: 17%
Lot line (front): the lot line abutting Russell
street
Landscaped buffers (rear and side lot lines):
zero (0) landscaped buffer along the south
boundary replaced by fencing
Landscaped buffers (outer perimeter of parking
areas): zero (0) landscaped buffer along outer
perimeter of parking areas
R4-5
6.5.5
Exceptions to Shoreline Residential (SR) Zone
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 63
Exception
By-law
Location
Schedule
Special Provisions
SR-1
2012/03
Lots 1-7, and Retained Lot,
Pt. Island 151, French
River, Keystone Island
Bertran
K6
-
The minimum lot area is 1,950 square
metres;
-
Minimum lot area for Lot 7 and the
retained lot, is 7,000 square metres;
-
The minimum lot frontage is 40 m.
SR-2
2014/76
Part of Broken Lot 1,
Concession 6, Badgerow
C4-3
-
Permitted uses are limited to
recreational vehicles and accessory
structures, provided such structures
are non-permanent and do not have
permanent foundations.
-
A maximum of one recreational vehicle
per lot shall be permitted.
-
A septic/leaching bed is not permitted.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 62
Exception
By-law
Location
Schedule
Special Provisions
-
No building opening is permitted
below the established flood elevation
which shall be determined prior to the
creation of any lot on the property.
-
Title to the property shall include a
restrictive covenant to notify
prospective purchasers of flood risk,
which covenant may be removed with
the consent of the Municipality of
West Nipissing.
SR-3
2015/21
repealed
by
2018/37
SR-4
2015/67
Lot 9, Plan M-304, Part of
Block B, Part 1, 36R-13394,
Field
D4-3
Permitted Uses and Accessory Uses shall be
as in Table 6.1and 6.2 for the SR Zone and
shall also include one (1) only accessory
dwelling unit within an accessory structure.
SR-5
2016/79
Lot 3, 36M-297, Part Lot 6,
Con. C, Part 1, 36R9387,
Part 2, 36R-13901,
Springer
H5-1
H5-3
-
The special zone shall comprise both
properties described herein, neither of
which may be conveyed, mortgaged or
otherwise dealt with separately
without a further amendment to the
zoning by-law pursuant to Section 34
of the Planning Act;
-
Permitted Accessory Uses shall include:
(i)
A guest house/sleep cabin having
a gross floor area of 96 m2 which
may include cooking facilities;
(ii)
A garage located on a lot other
than the lot on which the
principal building is located.
SR-6
2017/14
Part of Lot 3, Con 6,
Badgerow
C3
-
Permitted uses are limited to
recreational vehicles and accessory
structures, provided such structures
are non-permanent and do not have
permanent foundations.
-
A maximum of one recreational vehicle
per lot shall be permitted.
-
A septic/leaching bed is not permitted.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 63
Exception
By-law
Location
Schedule
Special Provisions
-
No building opening is permitted
below the established flood elevation
which shall be determined prior to the
creation of any lot on the property.
-
Title to the property shall include a
restrictive covenant to notify
prospective purchasers of flood risk.
SR-7
2017/47
Part of Lot 8, Con B,
Springer;
Parts 1-4, 36R-9294
H4-2
-
Two single detached dwellings are
permitted on the property;
-
The maximum lot coverage shall be
18%.
SR-8
2023/84
Part Lots 11, 12
Concession 6, Parts
2 and 9, 36R-13788
being proposed
Lots 1-6, Plan 36M-
E4-3
Lot 1: minimum lot area: 0.571ha
Lot 2: minimum front yard setback: 18m
Lot 3: minimum front yard setback: 18m
Lot 4: road frontage: 30m
Lot 5: road frontage: 32.06m
Interior side yard: 1.65m
Front yard setback: 9.9m
Lot 6: road frontage: 30m
SR-9
2019/59
Part of Lot 3,
Concession C,
Caldwell
E3-4
(a) A detached accessory dwelling unit is
permitted
(b) Only one (1) accessory dwelling unit may
be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
SR-10
2019/72
Part of Lot 3,
Concession 6,
Badgerow;
Parts 1, 2 and 3,
36R-14028
C-3
-
Permitted structures shall be
limited to canopies, decks, sheds,
porches, and sunrooms. No
structure intended for sleeping
shall be allowed nor shall any
cooking or washroom facilities be
located within any structure.
-
Any structure or camping trailer
intended to remain on the
property for greater than 90 days
shall not be located closer than
18m from the front lot line as
shown in 36R-14028. Any erosion
in the river bank since the
depositing of Plan 36R-14028
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 64
shall be deducted from the
required front yard set-back;
-
Grey water disposal and field
beds may be permitted, subject
to permitting by the North Bay
Mattawa Conservation Authority;
-
The number of permitted
permanent trailers shall be one
(1)l however, should the
Comprehensive Zoning By-law be
amended with regard to
permitted recreational vehicles,
then the within zone shall follow
the regulations therein set out
with respect to permitted
numbers of camping trailers on a
lot.
-
Transient trailers may be
permitted for a consecutive
period not exceeding 90 days.
-
A vegetative buffer shall be
maintained across not less than
50% of the lot frontage to a depth
of 9m.
SR-11
2020/77
Part of Lot 10,
Concession 5, Part
1, NR-24, Parts 2
and 3, NR-24A, Part
4, 36R-13635,
Grant
C6
Minimum lot frontage: 50m
Minimum lot area: 0.36ha
Minimum front yard: 7.5m
SR-12
2022/66
140 Promenade du
Lac, being Parcels
13848 and 13856,
Part Lot 1,
Concession C,
Springer
H5-2
Section 4.1 - Accessory Dwelling Unit
(a) A detached accessory dwelling unit is
permitted
(b) Only one (1) accessory dwelling unit may
be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
SR-13
2021/70
28 Fortin Drive,
being Parcel 19393,
being Part of Lot 2,
Concession C and
Part 3, Plan 36R-
14500, Caldwell
H3-4
The special zone shall comprise both
properties described herein, neither of
which may be conveyed, mortgaged or
otherwise dealt with separately without
a further amendment to the zoning by-
law pursuant to section 34 of the
Planning Act;
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 65
Permitted Accessory Uses shall include:
a garage located on a lot other than the
lot on which the principal building is
located.
SR-14
2022/28
116A Nature's Trail,
being Part of Lot 8,
Concession 1,
Falconer
M-1
-
Lot frontage 29m
-
Lot Area 0.5ha
-
Interior side yard nil
-
Maximum number of accessory
structures: 4
SR-15
2022/33
207 Moose Point
Road, being Part of
Location CL17458
and Part of Broken
Lot 10, Concession
5, Grant
C-6
-
Minimum lot area 0.4ha
-
Minimum front yard setback 11m
-
Number of permitted dwellings 2
SR-16
2022/83
975-B Lac Clair Rd,
Field, Part of Lot 12,
Concession 1 & 2,
Field
E4-2
Section 4.1 - Accessory Dwelling Unit
(a) A detached accessory dwelling unit is
permitted
(b) Only one (1) accessory dwelling unit may
be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
SR-17
2022/91
Burnt Lake Rd,
Sturgeon Falls Part
of Lot 8, Concession
6, Springer
E4-4
Table 6.3 - To reduce the lot frontage from
60m to 50m on Lot 1 only.
SR-18
2023/18
Part of Lot 9,
Concession 3, Lots
1-7, Plan 36M-720,
Loudon
J1
Lot requirements for the watercourse set-
back of the SR zone shall be:
-
Lot 1- 10.57m (existing condition)
-
Lot 2 - 10.99m (existing condition)
-
Lot 3 - 15.61m (existing condition)
-
Lot 4 - 12.14m (existing condition
-
Lot 5 - 18m
-
Lot 6 - 18m
-
Lot 7 - 18m
SR-19
2024/65
Pt Lot 6, Concession
C, Part 1, 36R-4936,
Springer Twp
646 Marleau Rd
H5-1
Section 4.1 - Accessory Dwelling Unit
(a) A detached accessory dwelling unit is
permitted
(b) Only one (1) accessory dwelling unit may
be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 66
provided for the accessory dwelling unit
SR-20
2024/61
*repealed
by 2025/67
Pt Lot 3, Concession
5, Kirkpatrick Twp
F2-1
For lots 1-6: the minimum setback from
watercourse is 30 metres
For Lot 5: the minimum eastern interior side
yard setback is 5 metres
SR-21
2024/71
Pt Lots 1 & 2,
Concession 3, Field
Twp
37 Pine Ridge Dr
D5-1
(a) An accessory dwelling unit located in an
accessory structure is permitted
(b) Only one (1) accessory dwelling unit may
be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
SR-22
2025/59
234 Levert Drive
Part lot 2,
Concession 2, Part
2, 36R-15290,
Springer
F5-4
(a) A detached accessory dwelling unit is
permitted
(b) Only
one
(1)
detached
accessory
dwelling unit may be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
SR-23
2025/67
Part West Half Lot
3, Concession 5,
Parts 3 to 5, 36R-
14822, Kirkpatrick
F2-1
Permitted principal use shall be:
-
Single detached dwelling
-
Seasonal dwelling
-
Mobile home dwelling
-
Modular dwelling
For lots 1-6 - Watercourse setback
-
The
minimum
setback
from
watercourse is 30 metres
For Lot 5 - Interior Side Yard Setback
-
The minimum western interior side
yard setback is 5 metres
SR-24
2025/83
34 Fortin drive
Part Lot 2,
Concession C, Parts
2 & 3, NR-89, Part
1, 36R-11618,
Caldwell
H3-4
(a) The maximum number of accessory
structures shall be five (5).
(b) The maximum lot coverage for
accessory buildings shall be 6.3%.
(c) The minimum western side yard
setback for a sleep cabin shall be 1.8
metres.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 67
6.5.6
Exceptions to Rural Residential (RR) Zone
Exception
By-law
Location
Schedule
Special Provisions
RR-1
2019/21
Part of Lot 8, Concession A,
Part 1, 36R-14013, Caldwell
G3-3
Permitted Accessory Uses shall be as in Table
6.2 for the RR Zone and shall also include a
Place of Entertainment as an additional
permitted use.
RR-2
2020/61
Part of Lot 5, Concession 5,
Part 3, 36R-13422,
KirkPatrick
F2-1
Permitted uses shall be as in Table 6.2 and
shall also include the following:
Agricultural uses, as in 3.6, but shall exclude
truck gardening, animal husbandry and
dairying.
Greenhouse, as in 3.72
Place of Worship, as in 3.135
RR-3
RR-4
2022/13
13117 Highway 17, being
Part Lot 1, Concession 1,
Pedley
G6
Section 4.1 - Accessory Dwelling Unit
(g) A detached accessory dwelling unit is
permitted
(h) Only one (1) accessory dwelling unit may
be created;
(i) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(j) A minimum of one parking space is
provided for the accessory dwelling unit
RR-5
RR-6
2025/36
968 Stewart Road
Part Lot 9, Concession 2, Part
1, 36R-12515, Springer
F4-4
(a) A detached accessory dwelling unit is
permitted
(b) Only one (1) accessory dwelling unit may
be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
RR-7
2025/104
Part Lot 8, Concession B,
Springer
G4-4
(a) No structure shall be constructed less
than 5 metres from the top of bank
for all roadside ditches and the
drainage
courses
illustrated
in
Schedule 'B' of by-law 2025/104.
(b) No individual on-site sanitary system
shall be constructed less than 30
metres from the top of bank for all
roadside ditches and the drainage
courses illustrated in Schedule 'B' of
by-law 2025/104.
6.5.7
Exceptions to Mobile Home Residential (MHR) Zone
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 68
Exception
By-law
Location
Schedule
Special Provisions
MHR-1
MHR-2
MHR-3
MHR-4
MHR-5
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 69
Section 7:
Commercial Zones
7.1
Establishment of Commercial Zones
The Commercial Zones established by this By-law are:
ZONE
SYMBOL
DESCRIPTION
General Commercial Zone
C1
Traditional downtown commercial areas
Highway Commercial Zone
C2
Highway commercial areas
Tourist Commercial Zone
C3
Commercial properties providing primarily tourist
accommodation and camps.
7.2
General Prohibition
No person shall within any Commercial Zone, use any land, or erect, alter, or use any building or
structure except as specified hereunder, and in accordance with all other applicable provisions of
this By-law.
7.3
Permitted Uses
Uses permitted in a Zone are noted by the symbol '' in the column applicable to that Zone and
corresponding with the row for a specific permitted use in the Permitted Uses Table. A letter(s)
following the symbol '', zone heading or identified permitted use, indicates that one or more
conditions apply to the use noted or, in some cases, to the entire Zone. Conditions are listed in
the Footnotes below the Permitted Uses Table, Table 7.1, and Accessory Uses Table, Table 7.2.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 70
TABLE 7.1 - PERMITTED USES
USE
ZONES
C1
C2
C3
Agricultural Produce Sales Outlet
Agricultural Services
Agricultural Supply/Implement Dealership
Bakery
Bar
Building Supply Establishment
Business, Professional or Administrative Office
Contractor's Establishment
Convenience Store
Dry Cleaning Establishment
Dw elling, Single Detached (Exising Only)
Educational Institution
Equipment Sales, Service & Rental Establishment
Financial Establishment
Funeral Home
Greenhouse/Nursery/Garden Centre
Grocery Store
Health Services Establishment
Hospital
Hotel
Housekeeping Cottages and Cabins
Kennel
Laundromat
Marina
Marine Sales and Services Establishment
Market
Mobile Food Service Equipment
Motel
Motor Vehicle Body Repair Shop
Motor Vehicle Dealership
Motor Vehicle Service Station
Motor Vehicle Washing Establishment
Nursing Home
Outdoor Recreational Use, Active
Outdoor Recreational Use, Passive
Park, Public
Parking Lot
Personal Service Establishment
Place of Assembly
Place of Entertainment
Place of Worship
Printing and Publishing Establishment
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 71
TABLE 7.1 - cont'd
USE
ZONES
C1
C2
C3
Recreational Establishment
Recreational Vehicle Sales and Service Establishment
Residential Care Facility
Restaurant
Restaurant, Drive-Thru or Take-Out
Retail Store
Self Storage Facility
Service Establishment
Tourist Camping Establishment
Tourist Establishment
Trailer Park
Veterinary Clinic
Wholesale Establishment
TABLE 7.2 - PERMITTED ACCESSORY USES
ACCESSORY USE
ZONES
C1
C2
C3
Bed and Breakfast Establishment
Convenience Store
Dw elling, Single Detached
Dw elling Unit, in a non residential building
(a)
(a)
Golf Course
Market
Outdoor Display and Sales
Outdoor Storage
Retail Store
NOTE: (a) Where the Ontario Building Code prohibits a residential use in particular classes of
non-residential buildings, then a dw elling unit in a non-residential building is prohibited in that
class of non-residential building. (By-law 2017/83)
7.4
Lot Requirements
No person shall, within any Commercial Zone, use any lot or erect, alter or use any building or
structure except in accordance with the standards in the Lot Requirements Table. A letter(s)
following a Lot Requirement, zone heading or description of the requirement, indicates that one
or more conditions apply to the requirement noted or, in some cases, to the entire Zone.
Conditions are listed in the Footnotes below the Lot Requirements Table, Table 7.3.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 72
TABLE 7.3 - LOT REQUIREMENTS
REQUIREMENT
ZONE
C1
C2
C3
Minimum Lot Area (m2)
full services
450
1,000
2,000
partial services
2,000
2,000
4,000
private services
4,000
4,000
4,000
Minimum Lot Frontage (m)
full services
10
25
30
partial services
30
60
60
private services
60
60
60
Maximum Lot Coverage (%)
full services
75
45
40
partial services
50
35
35
private services
40
25
30
Maximum Lot Coverage of Accessory Buildings
(%) (a)
20
20
20
Minimum Yard
Requirements (m)
Front Yard
7.5
7.5
7.5
Rear Yard
7.5
7.5
7.5
Interior Side Yard
full services
1.5
3
6
partial services
3
3
6
private services
3
3
6
Exterior Side Yard
7.5
7.5
7.5
Interior Site Yard abutting
a Residential Zone
6
10
10
Rear Yard abutting a
Residential Zone
10
10
10
Setback From Watercourse (m)
20 (b)
20 (b)
20 (b)
Maximum Building Height (m)
11
11
11
Maximum Accessory Building Height (m)
6
6
6
Maximum Number of Dwelling Units
(d)
1
1 (c)
Minimum Landscaped Open Space (%)
n/a
10
30
NOTES:
(a) Included as part of the lot coverage
(b) Not applicable to Marinas with the exception of boat storage buildings.
(c) Staff Quarters are permitted in addition to the number of dwelling units.
(d) no maximum, provided a dwelling unit is located above or to the rear of the non-residential use.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 73
7.5
Commercial Exceptions
The provisions of this Section are modified for those properties and to the extent identified in
Sections 7.5.1 to 7.5.3 below.
7.5.1
Exceptions to General Commercial (C1) Zone
Exception
By-law
Location
Schedule
Special Provisions
C1-1
Sturgeon Falls,
downtown core
The Lot and Yard requirements in the C1-1 Zone
shall be as follows:
(i)
Minimum lot area - NIL
(ii)
Minimum lot frontage - NIL
(iii)
Maximum lot coverage - 100%
(iv)
Minimum front, rear and side yards -
NIL
(v)
No parking requirements for a
commercial use
C1-2
2019/58
Lot 10, Block 17, Plan
35, Springer
SF1
The lot and Yard requirements shall be as follows:
-
Minimum front yard set-back: 4.5m
-
Minimum rear yard set-back 1.6m
-
Minimum Exterior Side Yard (north) 0m
-
Minimum Interior Side Yard (south) 1m0.
Permitted uses shall be motor vehicle service
station and indoor storage.
Permitted accessory uses shall be dwelling units in
non-residential building
C1-3
2020/54
Part of Lot 2,
Concession 1 and 2,
Field
E5-2
Permitted uses of the C1-3 zone shall be
-
Convenience store
-
Retail store
-
Restaurant
The permitted accessory uses shall be as in Table
7.2.
C1-4
2023/06
Part of Montreal
Street, Part 1, Plan
36R-7270, Part of Lot
1, Lots 2-4, E/S
Montreal Street, Part
of Lot 5 W/S being
Part 5, Plan 36R-7374
SF-5
Permitted uses of the C1-3 zone shall be:
Permitted uses:
-
Business, Professional or Administrative
Office; and
-
Contractor's Establishment
Permitted accessory sues:
-
Outdoor storage
-
Residential units on main floor
C1-5
7.5.2
Exceptions to Highway Commercial (C2) Zone
Exception
By-law
Location
Schedule
Special Provisions
C2-1
2014/56
Part Lot 3,
Concession 1,
Spring, being Part
1, 36R-10553
SF5
All those uses listed in Table 7.1 for the C1 and
C2 zones are permitted.
In all other respects the provisions of the
Highway Commercial (C2) Zone shall apply.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 74
C2-2
1027
(Twp.
Field)
Highway 539 (Field)
C4-3
The permitted uses are limited to the following:
-
Single Detached Dwelling
-
Automobile Body Repair Shop
-
Household Occupation
-
Motor Vehicle Sales Area
The lot and yard requirements shall be as
follows:
i)
Minimum Lot Area
1.0 ha
ii) Min. Lot Frontage
190 m
iii) Min. Exterior Side Yard
10.5 m
iv) Min. Interior Side Yard
6 m
v) Maximum Lot Coverage
10%
vi) Max. No. of Dwellings per lot 1
vii) Max. No. of Dwelling units
1
For the purposes of this Section, the following
definitions apply:
C2-3
2025/10
202 Highway 539A
Part Lot 3,
Concession 4,
Crerar Twp
B2-1
-
To permit a detached single family dwelling
C2-4
C2-5
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 75
7.5.3
Exceptions to Tourist Commercial (C3) Zone
Exception
By-law
Location
Schedule
Special Provisions
C3-1
2012/56
Pt. Lot 8, Con. C
(Caldwell), 10
Brouillette Road
H3-3
The permitted uses are limited to the following:
-
spa, medical and wellness service;
-
staff accommodations.
The minimum lot frontage (road) is 53 m;
Structures in existence as of Sep. 18, 2012, are
deemed to comply with
applicable yard
requirements.
C3-2
2024/43
Pt Lot 8, Concession 2,
Caldwell
432 Prang's Lane
K1
Minimum watercourse setback shall be 3.0 metres
for existing structures.
C3-3
2025/58*
repealed
and
replaced by
2025/71
910 Quesnel Rd
Part Lot 8, Concession
B, Parts 3 & 4, 36R-
10453, Springer
Pt Lot 8, Concession
B, Part 1, 36R-13193,
Springer
H4-2
-
The special zone shall consist of the
property described in paragraph 1 hereof
and Pt Lot 8, Concession B, Parts 3 & 4,
36R-10353, Springer Twp. (the "Property").
-
The property shall not be conveyed,
mortgaged or otherwise dealt with
separately without a further amendment to
the zoning by-law, pursuant to Section 34 of
the Planning Act.
-
A minimum 1.5m unbroken vegetative
buffer shall be maintained along any lot line
which abuts a residential zone.
-
The minimum setback for any principal or
accessory structure, from a lot line which
abuts a residential zone shall be 10m.
-
No recreational vehicles, travel trailer, tent
trailers, camper or trailer shall be parked,
stored or occupied within 10m of any lot
line which abuts a residential zone.
C3-4
C3-5
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 76
Section 8:
Industrial Zones
8.1
Establishment of Industrial Zones
The Industrial Zones established by this By-law are:
ZONE
SYMBOL
DESCRIPTION
Light Industrial Zone
M1
Industrial uses primarily within a building that do
not create significant compatibility issues
Heavy Industrial Zone
M2
Industrial uses more intensive in nature which
may include portions of the operation outdoors
Extractive Industrial Zone
M3
Licenced pit and/or quarry operations
Waste Disposal Industrial Zone
M4
Public and private waste management uses
8.2
General Prohibition
No person shall within any Industrial Zone, use any land, or erect, alter, or use any building or
structure except as specified hereunder, and in accordance with all other applicable provisions of
this By-law.
8.3
Permitted Uses
Uses permitted in a Zone are noted by the symbol '' in the column applicable to that Zone and
corresponding with the row for a specific permitted use in the Permitted Uses Table. A letter(s)
following the symbol '', zone heading or identified permitted use, indicates that one or more
conditions apply to the use noted or, in some cases, to the entire Zone. Conditions are listed in
the Footnotes below the Permitted Uses Table, Table 8.1.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 77
TABLE 8.1 - PERMITTED USES
USE
ZONES
M1
M2
M3
M4
Abattoir
Agricultural Processing Establishment
Agricultural Produce Warehouse
Agricultural Supply / Implement Dealer
Assembly, Fabricating, Manufacturing or Processing Establishment
Bakery
Building Supply Establishment
Bulk Sales Establishment
Business, Professional or Administrative Office
Concrete Plant
Contractor's Establishment
Crematorium
Dry Cleaning Establishment
Equipment Sales, Service and Rental Establishment
Farm Supply / Implement Dealer
Greenhouse/Nursery/Garden Centre
Laundromat
Marina
Marina Sales and Service Establishment
Motor Vehicle Repair and Body Shop
Motor Vehicle Service Station
Motor Vehicle Towing Establishment
Motor Vehicle Washing Establishment
Park, Public
Pit
Printing and Publishing Establishment
Quarry
Salvage or Wrecking Yard
Saw Mill
Self Storage Facility
Service Establishment
Transportation Depot
Warehouse
Waste Disposal Site
Wholesale Establishment
Wayside Pit / Quarry
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 78
TABLE 8.2 - ACCESSORY USES
ACCESSORY USE
ZONES
M1
M2
M3
M4
Dwelling, Accessory
Commercial Use
Heavy Equipment Storage
Office
Outdoor Storage
8.4
Lot Requirements
No person shall, within any Industrial Zone, use any lot or erect, alter or use any building or
structure except in accordance with the standards in the Lot Requirements Table. A letter(s)
following a Lot Requirement, zone heading or description of the requirement, indicates that one
or more conditions apply to the requirement noted or, in some cases, to the entire Zone.
Conditions are listed in the Footnotes below the Lot Requirements Table, Table 8.3.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 79
TABLE 8.3 - LOT REQUIREMENTS FOR INDUSTRIAL ZONES
REQUIREMENT
ZONE
M1
M2
M3
M4
Minimum Lot Area (m2)
full services
750
4,000
40,000
40,000
private or partial services
4,000
10,000
40,000
40,000
Minimum Lot Frontage (m)
full services
20
40
40
private or partial services
60
60
40
40
Maximum Lot Coverage (%)
full services
60
40
20
20
private or partial services
40
40
20
20
Maximum Lot Coverage of Accessory
Buildings (%) (d)
20
20
10
10
Minimum Yard Requirements (m)
Front Yard
15
15
30
30
Rear Yard
15
15
30
30
Interior Side Yard
6
15
15
30
Exterior Side Yard
15
15
15
30
Interior Side Yard abutting a
Residential Zone
15
30
60
60
Rear Side Yard abutting a
Residential Zone
15
30
60
60
Maximum Building Height (m)
11
11
11
11
Maximum Accessory Building Height (m)
6
6
6
6
Minimum Landscaped Open Space (%)
10
10
n/a
5
Other Provisions
(c)
(b) (c)
(a)
NOTES:
a) No building, structure or outside storage of materials, equipment, finished or unfinished products, or parking or staging
of trucks or cranes or any other mechanical equipment is permitted:
i) Within 60 m of a public street or road;
ii) Within 30 m of a zone boundary.
b)
Accessory outside storage not to be located within the front yard.
c)
Uses not on full services shall be limited to low water using and low effluent producing uses. Such uses are
characterized as uses that:
i) use a water supply or sewage disposal not greater than domestic requirements;
ii) do not use water for processing;
iii) do not create discharge which would be a hazard to ground or surface water, or negatively affect the operation
of the sewage disposal system.
(d) Included as part of total lot coverage.
8.5
Industrial Exceptions
The provisions of this Section are modified for those properties and to the extent identified in
Sections 8.5.1 to 8.5.4 below.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 80
8.5.1
Exceptions to Light Industrial (M1) Zone
Exception
By-law
Location
Schedule
Special Provisions
M1-1
2023/58
Part of Lot 4, Concession 2,
Springer
G5-1
Permitted uses of the M1-1 zone shall be:
-
Hydrovac processing/soil deposit site
M1-2
M1-3
M1-4
M1-5
8.5.2
Exceptions to Heavy Industrial (M2) Zone
Exception
By-law
Location
Schedule
Special Provisions
M2-1
2008/41
Pt. Lot 14, Con. 3
G5-1
All those uses listed in Tables 7.1 and 7.2 for
(Springer)
C1 and C2 Zones and in Tables 8.1 and 8.2
for M1 and M2 Zones are permitted and are
subject to the lot requirements for the
respective zones in which the permitted use
is listed.
M2-2
M2-3
M2-4
M2-5
8.5.3
Exceptions to Extractive Industrial (M3) Zone
Exception
By-law
Location
Schedule
Special Provisions
M3-1
M3-2
M3-3
M3-4
M3-5
8.5.4
Exceptions to Waste Disposal Industrial (M4) Zone
Exception
By-law
Location
Schedule
Special Provisions
M4-1
M4-2
M4-3
M4-4
M4-5
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 81
Section 9:
Agricultural and Rural Zones
9.1
Establishment of Agricultural and Rural Zones
The Agricultural and Rural Zones established by this By-law are:
ZONE
SYMBOL
DESCRIPTION
Agricultural One Zone
A1
Prime Agricultural Area
Agricultural Two Zone
A2
Prime Agricultural Area - Restriction on
residential uses
Rural Zone
RU
Rural Area with varied agricultural potential
9.2
General Prohibition
No person shall within any Agricultural or Rural Zone, use any land, or erect, alter, enlarge, use or
maintain any building or structure except as specified hereunder, and with all other applicable
provisions of this By-law.
9.3
Permitted Uses
Uses permitted in a Zone are noted by the symbol '' in the column applicable to that Zone and
corresponding with the row for a specific permitted use in the Permitted Uses Table. Table 9.1
applies to the Principal Use on the property and Table 9.2 identifies the Permitted Accessory Uses.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 82
By-law 2017/83
TABLE 9.1 - PERMITTED USES IN AGRICULTURAL AND RURAL ZONES (PRINCIPAL USE)
USE
ZONE
A1 (a)(e)
A2
RU (b)
Agricultural Use
Agricultural Services
Conservation Use
Dwelling, Mobile Home
Dwelling, Single Detached
Equestrian Facility
Forestry
Kennel
(c)
Park, Public
Personal Storage
(d)
Public Use
NOTES:
(a) Where a residential lot is created for a surplus dwelling, the permitted uses are limited to the uses for a
Rural Residential (RR) Zone, as noted in Table 6.1.
(b) Where a residential lot having an area of Four (4) hectares or less is created by consent, the permitted
uses are limited to the principal uses for a Rural Residential (RR) Zone, as noted in Table 6.1, and is
subject to the lot requirements for the Rural Residential (RR) Zone, as noted in Table 6.3. (By-law 2023-
46)
(c) A kennel is only permitted on a lot with a minimum lot area of 10 hectares
(d) Personal Storage uses are only permitted on a lot with a minimum lot area of 5 hectares.
(e) Where a surplus dwelling is removed from a farm property by consent, the permitted uses on the
remnant farm property shall be as provided in the A2 zone. (By-law 2017/83)
TABLE 9.2 - PERMITTED ACCESSORY USES IN AGRICULTURAL AND RURAL ZONES
USE
ZONE
A1 (a)
A2
RU (b)
Abattoir
Agricultural Processing Establishment
Agricultural Produce Warehouse
Agricultural Product Sales Outlet
Bed & Breakfast Establishment
Dwelling, Single Detached
Greenhouse, Nursery, Garden Centre
Group Home
Home Occupation
Home Industry
Private Home Daycare
Veterinary Clinic
NOTES:
(a) Where a residential lot is created for a surplus dwelling, the permitted accessory uses are limited to the
uses for a Rural Residential (RR) Zone, as noted in Table 6.2.
(b) Where a residential lot having an area of Four (4) hectares or less is created by consent, the permitted
accessory uses are limited to the accessory uses for a Rural Residential (RR) Zone, as noted in Table 6.2,
and is subject to the lot requirements for the Rural Residential (RR) Zone, as noted in Table 6.3. (By-law
2023/46)
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 83
9.4
Lot Requirements
No person shall, within any Agricultural or Rural Zone, use any lot or erect, alter or use any building
or structure except in accordance with the standards in the Lot Requirements Table. A letter(s)
following a Lot Requirement, zone heading or description of the requirement, indicates that one
or more conditions apply to the requirement noted or, in some cases, to the entire Zone.
Conditions are listed in the Notes below the Lot Requirements Table, Table 9.3.
TABLE 9.3 - LOT REQUIREMENTS FOR AGRICULTURAL AND RURAL ZONES
By-Law 2015/59
Height(s) of Accessory
Structures
By-law 2017/83 RU
General Lot Area
REQUIREMENT
ZONE
A1
A2
RU
Minimum Lot Area (hectares)
General
30
30
4
Residential Lot (surplus dwelling)
0.4
n/a
n/a
Residential Lot (created by consent)
n/a
n/a
1
Minimum Lot Frontage (metres)
60
60
60
Maximum Lot Coverage (%)
10
10
10
Maximum Lot Coverage of
Accessory Buildings (%) (a)
5
5
5
Minimum Yard Requirements
(metres)
Front Yard
15
15
15
Rear Yard
15
15
15
Interior Side Yard
15(b)
15
15(b)
Exterior Side Yard
15
15
15
Maximum Building Height
(metres)
11(c)
11 (c)
11(c)
Maximum Accessory Building
Height (m)
9
9
9
NOTES: a)
Included as part of total lot coverage.
b)
Reduced to 6.0 m for Detached Dwelling
c)
Maximum Building Height does not apply to any farm building or structure (except dwellings)
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 79
9.5
Agricultural and Rural Exceptions
The provisions of this Section are modified for those properties and to the extent identified in
Sections 9.5.1 to 9.5.3 below.
9.5.1
Exceptions to Agricultural One (A1) Zone
Exception
By-law
Location
Schedule
Special Provisions
A1-1
2025/47
592 Rainville Road
Part Lot 5, Concession B,
parts 1 & 2, 36R-3552, Part 2,
36R-14262, Caldwell
G3-4 & H3-2
(a) A detached accessory dwelling unit is
permitted
(b) Only
one
(1)
detached
accessory
dwelling unit may be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
A1-2
A1-3
A1-4
A1-5
9.5.2
Exceptions to Agricultural Two (A2) Zone
Exception
By-law
Location
Schedule
Special Provisions
A2-1
A2-2
A2-3
A2-4
A2-5
9.5.3
Exceptions to Rural (RU) Zone
Exception
By-law
Location
Schedule
Special Provisions
RU-1
2013/70
Pt. Lot 9, Con. 8, Caldwell
H3-1
In addition to the permitted uses in Table 9.1,
a second single detached dwelling unit is
permitted.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 80
RU-2
915 (Twp.
Springer)
Pt of Lot 8, Con 6,
Geographic Township of
Springer
E4-4
The permitted uses are limited to the
following:
-
Seasonal dwelling
-
Accessory buildings to a seasonal
dwelling
The lot and yard requirements shall be as
follows:
-
Maximum number of dwelling units per
lot: 1
-
Maximum number of dwelling units
within the area zoned RU-2: 4
-
Minimum Lot Frontage: 840 metres
-
Minimum Lot Area: 5.6 hectares
-
Minimum distance between dwellings:
30 metres
-
Minimum front, rear and side yards: 15
metres
-
Maximum Lot Coverage: 10%
-
Maximum Building Height: 10.5 metres
-
Minimum Floor Area per dwelling Unit:
122 square metres
-
Minimum distance to lot lines for
accessory buildings: 2 metres
-
Maximum height of accessory buildings:
6 metres
-
No habitable buildings may be erected
between the 256 metre contour and the
normal high water mark of Burnt Lake
and no external openings to habitable
buildings will be permitted below the
minimum elevation of 256 m.a.s.l.
RU-3
2015/61
Part Lot 1, Concession 3,
Springer
F5-4
Permitted Uses and Accessory Uses shall be
as in Table 9.1 and 9.2 for the RU Zone and
shall also include one (1) only accessory
dwelling unit within an accessory structure.
RU-4
2016/44
Part of Lot 2, Concession C
Caldwell
H3-2
Lot Standards shall be as in Table 9.3 except
that a setback of not less than 120 m from
any Provincially Significant Wetland located
on the property as established by MNRF.
RU-5
2016/67
SW ¼ Lot 5, Concession 1,
Field
E5-1
Permitted Uses and Accessory Uses shall be
as in Table 9.1 and 9.2 zone for the RU Zone
and shall permit two (2) dwellings in the form
of one (1) single detached dwelling and one
(1) mobile home.
RU-6
2018/64
South Part Broken Lot 9,
Concession 5, Falconer
L-1
Permitted Uses and Accessory Uses shall be
as in Table 9.1 and 9.2 zone for the RU zone
and shall permit two (2) dwellings.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 81
RU-7
2021/30
10537 Highway 17, Verner;
Part Lot 8, Concession 4,
Parts 1-12, NR2164
F3-1
Permitted Accessory Uses shall include a
single-family dwelling.
RU-8
2021/51
174 West Bay Road, Part
Lot B, Concession 5, Loudon
J2
Section 4.1 - Accessory Dwelling Unit
(a) A detached accessory dwelling unit is
permitted
(b) Only one (1) accessory dwelling unit may
be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
RU-9
2021/52
249 Quesnel Road,
Sturgeon Falls
SF-9
RU-9(a):
Table 9.3: Minimum Lot Frontage 45m
Table 9.1: Permitted Uses include
Dwelling, Duplex
RU-9(b):
Table 9.3: Minimum Lot Frontage 45m
RU-10
2022/76
11 Sunnyridge Rd, Verner,
Part of Lot 2, Concession 2,
Part 4, Plan 36R-12839
E2
Section 4.1 - Accessory Dwelling Unit
(a) A detached accessory dwelling unit is
permitted
(b) Only one (1) accessory dwelling unit may
be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
RU-11
2022/84
142 Plante Rd, Lavigne, Part
of Lot 11, Concession 2,
Macpherson
I1
Section 4.1 - Accessory Dwelling Unit
(a) A detached accessory dwelling unit is
permitted
(b) Only one (1) accessory dwelling unit may
be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
RU-12
2023/57
Part of Lot 3, Concession A,
Parts 1 to 4, 36R-2748,
Springer
SF-8
Permitted uses of the RU zone shall be:
-
A duplex dwelling.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 82
RU-14
2025/66
700 Burnt Lake Rd
Part Lot 7, Concession 5,
Springer
F5-4
(a) A detached accessory dwelling unit is
permitted
(b) Only
one
(1)
detached
accessory
dwelling unit may be created;
(c) The accessory dwelling unit and principal
dwelling shall meet all other applicable
provisions of this By-law and any other
health, safety or occupancy regulations
or by-laws; and
(d) A minimum of one parking space is
provided for the accessory dwelling unit
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 80
Section 10: Other Zones
10.1 Establishment of Other Zones
The Other Zones established by this By-law are:
ZONE
SYMBOL
DESCRIPTION
Crown Lands Zone
CL
Lands in the ownership of the Crown
Provincially Significant Wetland
PSW
Provincially significant wetlands
Community Facilities Zone
CF
Institutional uses
Open Space Zone
OS
Public and private open space uses
10.2 General Prohibition
No person shall within any of the Other Zones, use any land, or erect, alter, or use any building or
structure except as specified hereunder, and in accordance with all other applicable provisions of
this By-law.
10.3 Permitted Uses
Uses permitted in a Zone are noted by the symbol '' in the column applicable to that Zone and
corresponding with the row for a specific permitted use in the Permitted Uses Table. A letter(s)
following the symbol '', zone heading or identified permitted use, indicates that one or more
conditions apply to the use noted or, in some cases, to the entire Zone. Conditions are listed in
the Footnotes below the Permitted Uses Table, Table 10.1.
TABLE 10.1 - PERMITTED USES IN OTHER ZONES
USE
CL
PSW
CF
OS
Agricultural Use (Existing)
Cemetery
Day Nursery
Educational Establishment
Forestry Use
Golf Course
Government Office
Health Services Establishment
Hospital
Hunt Camp
Outdoor Recreation, Active
Outdoor Recreation, Passive
Park, Public
Place of Assembly
Place of Recreation
Place of Worship
Residential Care Facility
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 81
TABLE 10.2 - PERMITTED ACCESSORY USES IN OTHER ZONES
ACCESSORY USE
CL
PSW
CF
OS
Dwelling Unit
Dwelling, Accessory Single Detached
10.4 Lot Requirements
No person shall, within any Industrial Zone, use any lot or erect, alter or use any building or
structure except in accordance with the standards in the Lot Requirements Table. A letter(s)
following a Lot Requirement, zone heading or description of the requirement, indicates that one
or more conditions apply to the requirement noted or, in some cases, to the entire Zone.
Conditions are listed in the Footnotes below the Lot Requirements Table, Table 10.2.
TABLE 10.3 - LOT REQUIREMENTS FOR OTHER ZONES
REQUIREMENT
CL
PSW
CF
OS
Minimum Lot Area (m2)
full services
n/a
n/a
1,000
n/a
private and partial services
n/a
n/a
2,000
n/a
Minimum Lot Frontage (m)
full services
n/a
n/a
15
n/a
private and partial services
n/a
n/a
30
n/a
Maximum Lot Coverage (%)
full services
5
5
50
30
private and partial services
5
5
40
20
Maximum Lot Coverage of Accessory
Buildings (%) (a)
n/a
n/a
20
10
Minimum Yard Requirements (m)
Front Yard
7.5
7.5
7.5
7.5
Rear Yard
15
15
7.5
7.5
Interior Side Yard
15
15
3
7.5
Exterior Side Yard
15
15
7.5
7.5
Interior Side Yard abutting a
Residential Zone
15
15
6
7.5
Rear Side Yard abutting a
Residential Zone
15
15
10
7.5
Maximum Building Height (m)
n/a
6
14
11
Maximum Accessory Building Height (m)
n/a
Minimum Landscaped Open Space (%)
50
n/a
20
50
NOTES:
a) Included as part of total lot coverage.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 82
10.5 Other Zone Exceptions
The provisions of this Section are modified for those properties and to the extent identified in
Sections 10.5.1 to 10.5.4 below.
10.5.1 Exceptions to Crown Land (CL) Zone
Exception
By-law
Location
Schedule
Special Provisions
CL-1
CL-2
CL-3
CL-4
CL-5
10.5.2 Exceptions to Provincially Significant Wetland (PSW) Zone
Exception
By-law
Location
Schedule
Special Provisions
PSW-1
PSW-2
PSW-3
PSW-4
PSW-5
10.5.3 Exceptions to Community Facilities (CF) Zone
Exception
By-law
Location
Schedule
Special Provisions
CF-1
CF-2
CF-3
CF-4
CF-5
10.5.4 Exceptions to Open Space (OS) Zone
Exception
By-law
Location
Schedule
Special Provisions
OS-1
OS-2
OS-3
OS-4
OS-5
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 83
Section 11: Holding Zones
11.1 Establishment of Holding Zones
Notwithstanding any other provision in this By-law, where a Zone symbol is followed by the letter
"H" and a number (for example R1-H-1) no person shall use the land to which the letter "H" applies
for any use other than the use which existed on the date the By-law applying the "H" was passed,
until the "H" is removed in accordance with the policies of the Official Plan and the Planning Act,
as amended.
Council may pass a By-law in accordance with the Planning Act, as amended, to remove the
Holding "H" symbol, when all of the applicable requirements have been met, thereby placing the
lands in the zone indicated by the Zone symbol.
Properties with Holding "H" Provisions are identified on the Zoning Schedules and in Table 11.1
below, together with the conditions for the "H" removal.
11.2 Requirements for removal of Holding provision
Table 11.1 identifies properties that are subject to a Holding "H" Provision and stipulates what
specific provision is required to be satisfied in order for consideration to be given to the removal
of the "H" provision.
TABLE 11.1 - HOLDING PROVISIONS
Zone
Symbol
Holding
Provision
Property/Legal
Description
Schedule
No.
By-law
No.
Provisions
By-law
Removing
"H"
H-1
Located throughout
the municipality
within areas
identified on Waste
Management
Assessment Area
various
Approval of Study showing no
contamination from the adjacent
waste management facility.
H-2
Pt. West ½ Lot 4,
Con. A, Springer
SF8
G5-3
2013/59
The Holding "H''may be
removed by by-law when the
following conditions have been
met:
a) Approval of servicing the
site/area i s given or
servicing of adequate
standards provided;
b) A proposal is submitted for
the site that conforms to
the policies of the West
Nipissing Official Plan and
2017/15
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 84
Zone
Symbol
Holding
Provision
Property/Legal
Description
Schedule
No.
By-law
No.
Provisions
By-law
Removing
"H"
applicable zoning by-laws;
c)
A phasing plan is submitted;
d) Architectural or design
drawings and studies,
where applicable, are
submitted showing the
required features;
e) Financial securities have
been submitted;
f)
With respect to
contaminated sites, the " H"
may be removed upon the
receipt of a report approved
by Council that the
appropriate level of
remediation demonstrated
by a Ministry of
Environment acknowledged
Record of Site Condition has
been achieved.
H-3
H-4
H-5
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 85
Section 12: Temporary Use
12.1 Temporary Use Provisions
Zone
Symbol
By-law
Location
Schedule
Provisions
M2-1 (T)
2018/40
Lot 14, Plan 36M-618
Municipality of West
Nipissing
G5-1
-
Permitted uses in accordance with Table
8.2;
-
Lot requirements in accordance with
Table 8.3, except for the front, rear,
interior side and exterior side yards, which
shall be 0.5 m
-
Temporary Use is in effect until April 17,
2021.
C1-2(T)
2024-72
178 Craig St
Pt Block 17, Lot 10, Part 1,
36R-15058
The following uses are temporarily permitted:
a) Beverage manufacturing and production,
including ancillary retaining of products,
provided further that:
i)
Ancillary retailing is limited to 5% of the
gross floor area of the building
ii)
Ancillary retailing is limited to products
produced on-site
iii)
No consumption of products shall
occur on site
Temporary use permissions shall be in effect
until September 30th, 2026.
Section 13: Enactment
13.1 Repeal of former By-laws
a) By-law No. 881, as amended, of the former Township of Field is hereby repealed upon the
coming into force of this By-law;
b) By-law No. 87-9, as amended, of the former Town of Sturgeon Falls is hereby repealed upon
the coming into force of this By-law;
c) By-law No. 18-85, as amended, of the former Township of Caldwell is hereby repealed upon
the coming into force of this By-law;
d) By-law No. 5-98, as amended, of the former Town of Cache Bay is hereby repealed upon the
coming into force of this By-law
e) By-law No. 86-4, as amended, of the former Township of Springer is hereby repealed upon
the coming into force of this By-law
f) By-law No. 97-01, as amended, of the former West Nipissing Planning Area is hereby
repealed upon the coming into force of this By-law;
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 86
13.2 Effective Date
This By-law shall come into force and effect on the date it is passed by the Council of the
Municipality of West Nipissing subject to the applicable provisions of the Planning Act, R.S.O.
1990, c.P. 13 as amended.
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 87
13.3 Enactment (Readings)
By-law enacted this 8th day of July, 2014.
Municipality of West Nipissing
Joanne Savage
Mayor
Melanie Ducharme
Clerk
Municipality of West Nipissing
Comprehensive Zoning By-law 2014-45
CONSOLIDATION June 1, 2018
Page 88
Schedules (Zone Maps)
Appendices
Appendix A:
Conversion Tables
Appendix B:
Illustrations
Appendix C:
Minimum Distance Separation Formula (MDS I & II)