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CORPORATION OF THE
TOWNSHIP OF WHITEWATER REGION
COMPREHENSIVE ZONING BY-LAW
NO. 24.01-1650
CONSOLIDATED ZONING BY-LAW AMENDMENT #24-09-1707 SEPTEMBER 11, 2024
THIS PAGE IS LEFT INTENTIONALLY BLANK.
The Corporation of the Township of Whitewater Region
Comprehensive Zoning By-law 24-01-1655
A by-law to regulate the use of land, and the character, location and use of buildings and
structures in the Township of Whitewater Region.
WHEREAS Amendment No. 31 to the County of Renfrew Official Plan, which updated the
County of Renfrew Official Plan, was approved on March 26, 2020 by the Ministry of Municipal
Affairs and Housing and Final approved by the County of Renfrew on August 19, 2021;
WHEREAS Amendment No. 11 to the County of Renfrew Official Plan, partially approved by
the Ministry of Municipal Affairs and Housing on July 10, 2019, and final approved by the
Ministry of Municipal Affairs on March 24, 2022;
AND WHEREAS Section 26 of the Planning Act requires that the Zoning By-law of the Township
of Whitewater Region be amended to conform to the Official Plan of the County of Renfrew;
AND WHEREAS the Township of Whitewater Region now deems it desirable and in the public
interest to rescind By-laws 23-92, 1989-14, 98-13, 02-11-86, 14-05-704, 14-05-706, and all
Amendments thereto, and enact a new Comprehensive Zoning By-law under Section 34 of the
Planning Act, S.O. 1990 c P. 13, as amended, which will serve to regulate the use of the land
and the character, location and size of buildings and structures within the boundaries of the
Township of Whitewater Region;
NOW THEREFORE BE IT RESOLVED that the Township of Whitewater Region enacts By-law
No. 24-01-1655 as follows:
READ a first, second and third time and finally passed this 17th day of January, 2024.
(Original signed by)
__________________________
Mayor
(Original signed by)
__________________________
Clerk
HOW TO READ THE ZONING BY-LAW
Administration
Explains the legal powers of zoning and how to
interpret the document.
Definitions
Provides the definitions of terms that can be found
throughout the document.
Determines how to measure a "yard", such as a "side
yard".
Determines what land uses mean (e.g. "Agriculture").
General
Provisions
Rules that apply in larger portions (or the entirety) of the
Township.
Where to look if I am:
- Building a garage, shed, or swimming pool
- Adding an additional residential unit to my
property
- Considering a home-based business
Zone
Classifications
Explains how land can be used and what can be
constructed within each Zone.
Lists a number of "exceptions" or site-specific zones that
have unique provisions or regulations.
Schedules
(Maps)
Identifies the zone applicable to each property within
the Township.
Once the Zone is identified, see Zone Classifications.
CONTENTS
HOW TO READ THE ZONING BY-LAW .............................................................................. 4
CONTENTS...................................................................................................5
LIST OF FIGURES .................................................................................................................. 11
LIST OF ZONING MAPS ...................................................................................................... 11
ADMINISTRATION AND USAGE ....................................................................................... 12
1.1
Title ........................................................................................................................................ 12
1.2
Application of By-law .......................................................................................................... 12
1.3
Administration ...................................................................................................................... 12
1.4
Permits and Licences ........................................................................................................... 12
1.5
Injunction............................................................................................................................... 12
1.6
Violations and Penalties ...................................................................................................... 12
1.7 Effective Date ....................................................................................................................... 13
1.8
Application of Regulations ................................................................................................. 13
1.9
Incorporation of Zoning Maps ........................................................................................... 13
1.10
Establishment of Zones ....................................................................................................... 13
1.11
Interpretation of Zone Boundaries .................................................................................... 14
1.12
Measurements ...................................................................................................................... 15
1.13
Interpretation of Words/Phrases ....................................................................................... 15
1.14
Clarity and Accuracy ............................................................................................................ 16
1.15
Use of Holding Zone (H) Provisions .................................................................................. 16
1.16
Repeal of Existing By-laws .................................................................................................. 17
1.17
Application of Other By-laws ............................................................................................. 17
1.18
Greater Restrictions of Other Jurisdictions ...................................................................... 17
1.19
Buildings to be Moved ........................................................................................................ 17
1.20
Building Permits ................................................................................................................... 17
1.21
Transition Provisions ............................................................................................................ 18
1.22
Minor Variances.................................................................................................................... 19
2
DEFINITIONS ............................................................................................................ 20
3
GENERAL PROVISIONS ........................................................................................... 42
3.1
Accessory Uses, Buildings and Structures ........................................................................ 42
3.2
Cannabis Production Facility .............................................................................................. 45
3.3
Construction Uses ................................................................................................................ 46
3.4
Easement ............................................................................................................................... 46
3.5
Encroachments on Required Minimum Yards ................................................................. 46
3.6
Exceptions to Height Limitations ....................................................................................... 47
3.7
Fences .................................................................................................................................... 47
6
3.8
Frontage on a Public Road ................................................................................................. 47
3.9
Home-Based Businesses ..................................................................................................... 48
3.10
Hunting and Fishing Camps ............................................................................................... 49
3.11
Kennels .................................................................................................................................. 49
3.12
Lots With Less Lot Area and/or Lot Frontage Than Required ........................................ 50
3.13
Lots with More Than One Zone ......................................................................................... 50
3.14
Mobile Homes ...................................................................................................................... 50
3.15
Model Homes ....................................................................................................................... 50
3.16
Non-Complying Buildings or Structures ........................................................................... 50
3.17
Non-Conforming Uses ......................................................................................................... 51
3.18
Non-Compliance Resulting from Conveyance or Expropriations ................................. 52
3.19
Noxious Uses ........................................................................................................................ 52
3.20
Occupancy of Incomplete Buildings ................................................................................. 52
3.21
Occupancy of Vehicles ........................................................................................................ 52
3.22
On-Farm Diversified Uses ................................................................................................... 52
3.23
Open Storage ....................................................................................................................... 53
3.24
Outdoor Furnaces ................................................................................................................ 54
3.25
Outside Lighting Facilities .................................................................................................. 54
3.26
Ottawa River Floodplain ..................................................................................................... 54
3.27
Parking and Loading Space Requirements ...................................................................... 56
3.28
Pits and Quarries .................................................................................................................. 59
3.29
Prohibited Forms of Dwelling Units .................................................................................. 59
3.30
Public Uses of Lands ............................................................................................................ 59
3.31
Recreational Vehicles .......................................................................................................... 60
3.32
Separation Distances ........................................................................................................... 60
3.33
Setbacks from Roads, Trails, and Waterbodies ............................................................... 62
3.34
Sight Triangles ...................................................................................................................... 64
3.35
Signs ...................................................................................................................................... 64
3.36
Standards - Cumulative ....................................................................................................... 65
3.37
Swimming Pools ................................................................................................................... 65
3.38
Through Lots ......................................................................................................................... 65
3.39
Uses Permitted In all Zones ................................................................................................ 65
3.40
Uses Prohibited in all Zones ............................................................................................... 66
4
ZONE CLASSIFICATIONS ........................................................................................ 67
4.1
Zone Classifications ............................................................................................................. 67
4.2
Exception Zones ................................................................................................................... 68
5
REQUIREMENTS FOR RESIDENTIAL ONE (R1) ZONES ..................................... 69
5.1
Permitted Uses ..................................................................................................................... 69
5.2
Zone Provisions .................................................................................................................... 69
5.3
Accessory Uses, Buildings and Structures: ....................................................................... 70
7
5.4
Exception Zones ................................................................................................................... 70
5.5
Holding Zones ...................................................................................................................... 78
6
REQUIREMENTS FOR RESIDENTIAL TWO (R2) ZONES .................................... 79
6.1
Permitted Uses ..................................................................................................................... 79
6.2
Zone Provisions .................................................................................................................... 79
6.3
Accessory Uses, Buildings and Structures: ....................................................................... 80
6.4
Exception Zones: ................................................................................................................. 80
6.5
Holding Zones ...................................................................................................................... 83
7
REQUIREMENTS FOR RESIDENTIAL THREE (R3) ZONES ................................. 84
7.1
Permitted Uses ..................................................................................................................... 84
7.2
Zone Provisions .................................................................................................................... 85
7.3
Accessory Uses, Buildings and Structures: ....................................................................... 86
7.4
Exception Zones ................................................................................................................... 86
7.5
Holding Zones ...................................................................................................................... 89
8
REQUIREMENTS FOR LIMITED SERVICE RESIDENTIAL (LSR) ZONES ............ 90
8.1
Permitted Uses ..................................................................................................................... 90
8.2
Zone Provisions .................................................................................................................... 90
8.3
Accessory Uses, Buildings and Structures: ....................................................................... 91
8.4
Exception Zones ................................................................................................................... 91
8.5
Holding Zones ...................................................................................................................... 92
9
REQUIREMENTS FOR MOBILE HOME PARK (MHP) ZONES ............................ 95
9.1
Permitted Uses ..................................................................................................................... 95
9.2
Zone Provisions .................................................................................................................... 95
9.3
Accessory Uses, Buildings and Structures: ....................................................................... 96
9.4
Exception Zones ................................................................................................................... 96
9.5
Holding Zones ...................................................................................................................... 96
10
REQUIREMENTS FOR GENERAL COMMERCIAL (GC) ZONES ......................... 97
10.1
Permitted Uses ..................................................................................................................... 97
10.2
Zone Provisions .................................................................................................................... 98
10.3
Accessory Uses, Buildings and Structures ........................................................................ 99
10.4
Exception Zones ................................................................................................................... 99
10.5
Holding Zones .................................................................................................................... 101
11
REQUIREMENTS FOR CAMPGROUND COMMERCIAL (CC) ZONES ........... 103
11.1
Permitted Uses ................................................................................................................... 103
11.2
Zone Provisions .................................................................................................................. 103
11.3
Accessory Uses, Buildings and Structures ...................................................................... 104
11.4
Exception Zones ................................................................................................................. 104
11.5
Holding Zones .................................................................................................................... 105
8
12
REQUIREMENTS FOR TOURISM COMMERCIAL (TC) ZONES ....................... 106
12.1
Permitted Uses ................................................................................................................... 106
12.2
Zone Provisions .................................................................................................................. 107
12.3
Accessory Uses, Buildings and Structures ...................................................................... 107
12.4
Exception Zones ................................................................................................................. 108
12.5
Holding Zones .................................................................................................................... 116
13
REQUIREMENTS FOR MIXED USE COMMERCIAL (MC) ZONES .................. 119
13.1
Permitted Uses ................................................................................................................... 119
13.2
Zone Provisions .................................................................................................................. 120
13.3
Exception Zones ................................................................................................................. 121
14
REQUIREMENTS FOR GENERAL INDUSTRIAL (GM) ZONES ......................... 123
14.1
Permitted Uses ................................................................................................................... 123
14.2
Zone Provisions .................................................................................................................. 123
14.3
Accessory Uses, Buildings and Structures ...................................................................... 124
14.4
Exception Zones ................................................................................................................. 124
14.5
Holding Zones .................................................................................................................... 126
15
REQUIREMENTS FOR MINING INDUSTRIAL (MM) ZONES .......................... 128
15.1
Permitted Uses ................................................................................................................... 128
15.2
Zone Provisions .................................................................................................................. 128
15.3
Accessory Uses, Buildings and Structures ...................................................................... 129
16
REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL (EM) ZONES .................... 130
16.1
Permitted Uses ................................................................................................................... 130
16.2
Zone Provisions .................................................................................................................. 130
16.3
Accessory Uses, Buildings and Structures ...................................................................... 131
16.4
Exception Zones ................................................................................................................. 131
16.5
Holding Zones .................................................................................................................... 131
17
REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL RESERVE - SAND & GRAVEL
(EMR-SG) ZONES .............................................................................................................. 132
17.1
Permitted Uses ................................................................................................................... 132
17.2
Zone Provisions .................................................................................................................. 132
17.3
Accessory Uses, Buildings and Structures ...................................................................... 132
17.4
Exception Zones ................................................................................................................. 133
17.5
Holding Zones .................................................................................................................... 133
18
REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL RESERVE - BEDROCK (EMR-
B) ZONES..................................................................................................134
18.1
Permitted Uses ................................................................................................................... 134
18.2
Zone Provisions .................................................................................................................. 134
18.3
Accessory Uses, Buildings and Structures ...................................................................... 134
9
18.4
Exception Zones ................................................................................................................. 135
19
REQUIREMENTS FOR DISPOSAL INDUSTRIAL (DM) ZONES ........................ 136
19.1
Permitted Uses ................................................................................................................... 136
19.2
Zone Provisions .................................................................................................................. 136
19.3
Accessory Uses, Buildings and Structures ...................................................................... 137
19.4
Exception Zones ................................................................................................................. 137
19.5
Holding Zones .................................................................................................................... 137
20
REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONES .......................... 138
20.1
Permitted Uses ................................................................................................................... 138
20.2
Zone Provisions .................................................................................................................. 138
20.3
Accessory Uses, Buildings and Structures ...................................................................... 139
20.4
Exception Zones ................................................................................................................. 139
20.5
Holding Zones .................................................................................................................... 140
21
REQUIREMENTS FOR AGRICULTURE (A) ZONES ........................................... 142
21.1
Permitted Uses ................................................................................................................... 142
21.2
Zone Provisions .................................................................................................................. 142
21.3
Accessory Uses, Buildings and Structures ...................................................................... 143
21.4
Exception Zones ................................................................................................................. 144
21.5
Holding Zones .................................................................................................................... 157
22
REQUIREMENTS FOR RURAL (RU) ZONES ...................................................... 158
22.1
Permitted Uses ................................................................................................................... 158
22.2
Zone Provisions .................................................................................................................. 159
22.3
Accessory Uses, Buildings and Structures ...................................................................... 159
22.4
Exception Zones ................................................................................................................. 160
22.5
Holding Zones .................................................................................................................... 173
23
REQUIREMENTS FOR ENVIRONMENTAL PROTECTION (EP) ZONES ......... 175
23.1
Permitted Uses ................................................................................................................... 175
23.2
Zone Provisions .................................................................................................................. 176
23.3
Accessory Uses, Buildings and Structures ...................................................................... 176
23.4
Exception Zones: ............................................................................................................... 176
23.5
Holding Zones .................................................................................................................... 177
24
REQUIREMENTS FOR OPEN SPACE (OS) ZONES .......................................... 178
24.1
Permitted Uses ................................................................................................................... 178
24.2
Zone Provisions .................................................................................................................. 178
24.3
Accessory Uses, Buildings and Structures ...................................................................... 178
24.4
Exception Zones ................................................................................................................. 179
24.5
Holding Zones .................................................................................................................... 180
10
25
REQUIREMENTS FOR WATERFRONT VICINITY (WV) ZONES ....................... 181
25.1
Permitted Uses ................................................................................................................... 181
25.2
Zone Provisions .................................................................................................................. 181
25.3
Accessory Uses, Buildings and Structures ...................................................................... 182
25.4
Exception Zones ................................................................................................................. 183
25.5
Holding Zones .................................................................................................................... 195
26
REQUIREMENTS FOR FUTURE DEVELOPMENT (FD) ZONES ....................... 198
26.1
Permitted Uses ................................................................................................................... 198
26.2
Zone Provisions .................................................................................................................. 198
26.3
Accessory Uses, Buildings and Structures ...................................................................... 198
26.4
Exception Zones ................................................................................................................. 198
26.5
Holding Zones .................................................................................................................... 198
11
LIST OF FIGURES
Illustration of Floodplain............................................................................................26
Illustration of Typical Lot with Setbacks.................................... ....................................26
Illustration of Shoreline Activity Area and Setbacks ........................................................................... 64
LIST OF ZONING MAPS
Schedule A - West Half Westmeath
Schedule B - East Half Westmeath
Schedule C - West Half of Ross
Schedule D - East Half of Ross
Schedule E - Inset Maps 1-6
Schedule F - Inset Maps 7-11
CORPORATION OF THE TOWNSHIP OF WHITEWATER COMPREHENSIVE ZONING BY-LAW
1.0 ADMINISTRATION AND USAGE
12
ADMINISTRATION AND USAGE
1.1
TITLE
This By-law shall be known and cited as "The Township of Whitewater Region Comprehensive
Zoning By-law".
1.2
APPLICATION OF BY-LAW
For the purpose of this By-law all the lands within the boundaries of the Township of Whitewater
Region are hereby divided into various Zones to which the provisions and regulations herein
shall respectively apply.
1.3
ADMINISTRATION
This By-law shall be administered by the Planner, By-law Enforcement Officer, Chief Building
Official and Clerk, or any other person as Council designates.
1.4
PERMITS AND LICENCES
No Municipal permit, certificate or licence shall be issued for a proposed use of land, including
any establishment, enlargement, alteration or change in use of any building or structure, that
contravenes any provision of this By-law.
1.5
INJUNCTION
In case the whole, or any part of, any building or structure is, or is to be, used, erected, structurally
altered, enlarged or extended or the whole or any part of any lot is, or is to be used, in
contravention of this By-law, such contravention may be restrained by action at the instance of
the Township or of any ratepayer pursuant to the provisions of all applicable statutes and
regulations in force at the time of the contravention.
1.6
VIOLATIONS AND PENALTIES
Any person guilty of an offence and convicted of a breach of any of the provisions of this By-law
shall be liable:
a) On a first conviction to a fine of not more than $25,000.00; and
b) On a subsequent conviction to a fine of not more than $10,000.00 for each day or part
thereof upon which the contravention has continued after the day on which the person
was first convicted.
CORPORATION OF THE TOWNSHIP OF WHITEWATER COMPREHENSIVE ZONING BY-LAW
1.0 ADMINISTRATION AND USAGE
13
Every corporation which contravenes any provision of this By-law on conviction is liable:
a) On a first conviction to a fine of not more than $50,000.00 and
b) On a subsequent conviction a fine of not more than $25,000.00 for each day or part
thereof upon which the contravention has continued after the day on which the
corporation was first convicted.
Every such penalty described herein is subject to the provisions of Section 67 of the Planning
Act, R.S.O. 1990, c. P.13, as amended, and will change from time to time in accordance with the
Act.
1.7
EFFECTIVE DATE
This By-law shall come into effect on the date of adoption by the Council of the Township of
Whitewater Region, and in accordance with Section 34 of the Planning Act, as amended.
1.8
APPLICATION OF REGULATIONS
No person shall within any Zone or Defined Area, use any land or erect, build, construct,
reconstruct, relocate, excavate for, alter, add to, enlarge, extend or use any building or structure,
except in conformity with this By-law for the Zone or Defined Area in which such land, building,
structure or use is located.
1.9
INCORPORATION OF ZONING MAPS
The location and boundaries of the Zones and Defined Areas (see Section 1.11) established by
this By-law as shown on Schedules A through F, together with everything shown thereon and all
succeeding amendments thereto, are hereby incorporated in and declared to form part of this
By-law.
1.10 ESTABLISHMENT OF ZONES
a) For the purpose of this By-law Schedules A through F shall be referred to as the Zoning
Maps for the Township of Whitewater Region and the Zoning Maps shall be divided into
the following Zones and such Zones are shown on the Zoning Maps by symbols
consisting of letters and numbers or letters or symbols only as the case may be, as listed
below:
b) The symbols listed in subsection a) shall be used to refer to land, buildings, and structures
and to the use thereof permitted by this By-law in the said Zones, and whenever in this
By-law the word "Zone" is used, preceded by any of the said symbols, such Zones shall
mean any area within the Township delineated on the Zoning Maps and designated
thereon by the said symbol.
CORPORATION OF THE TOWNSHIP OF WHITEWATER COMPREHENSIVE ZONING BY-LAW
1.0 ADMINISTRATION AND USAGE
14
1.11 INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the said zones as shown
on the Zoning Maps, the following shall apply:
a) The boundary of the Zones is the centre lines of the road allowance, alleys or the lot lines
and the projection thereof, unless otherwise shown;
b) Where Zone boundaries are indicated as approximately following lot lines shown on a
registered plan of subdivision, such lot lines shall be deemed to be the said boundary;
c) Where Zone boundaries are indicated as approximately parallel to the street line and the
distance from such street line is not indicated, such Zone boundaries shall be construed
as being parallel to such street line and the distance therefore shall be determined by the
use of the scale shown on the Zoning Maps;
d) Where a street, private road, or electrical transmission line right-of-way, or watercourse
included on the map is included within the Zone of the adjoining property on either side,
and where such street, private road, right-of way, or watercourse serves as a boundary
between two or more different Zones, a line midway in such street, private road, right-of-
way, or watercourse and extending in the general direction of the long division thereof is
considered the boundary between Zones, unless specifically indicated otherwise;
e) Where a dedicated street, or right-of-way shown on the map is closed, the property
formerly in said street, or right-of-way shall be included within the Zone of the adjoining
property on either side of the said closed street, or right-of-way, and the Zone boundary
shall be the former centreline of said closed street, or right-of-way;
f) Where a Zone boundary is indicated as following the edge of a watercourse, the
boundary shall follow the top of bank of such watercourse and, in the event that the top
of bank of such watercourse changes, the boundary shall be taken as having moved with
the top of bank;
g) Where a Zone boundary is indicated as following the shoreline of a Watercourse, the
boundary shall follow the water's edge and, if the water's edge changes, the boundary
shall be taken as having moved with the said water's edge;
h) Wherever it occurs, the corporate limit of the Township is the boundary of the Zone
adjacent to it;
i)
Where any setback is related to a Zone boundary which has moved under circumstances
referred to in subsections (f) or (g) above, the point of line of reference of such setback
shall be taken as equally moved;
CORPORATION OF THE TOWNSHIP OF WHITEWATER COMPREHENSIVE ZONING BY-LAW
1.0 ADMINISTRATION AND USAGE
15
j)
Where any Zone boundary is left uncertain after application of the preceding provisions,
then the boundary line shall be determined according to the scale on the Zoning Maps
in the office of the Planner; and/or,
k) In instances where the boundaries of natural heritage features, watercourses, natural
hazards are verified in the field and differ from the Environmental Protection (EP) Zone
shown on the Schedules to this By-law, the boundaries of the EP Zone may be modified
to match the verified boundaries of those features or hazards without an amendment to
this By-law.
1.12 MEASUREMENTS
Where linear distances, other than those referring to vertical measurements are specified, such
linear distances are measured on a horizontal plane.
1.13 INTERPRETATION OF WORDS/PHRASES
a) Minimum Requirements - In interpreting and applying the provisions of this By-law, the
said provisions are held to be the minimum requirements. Except for those specifically
stated as being maximum, any numerical figures in this By-law shall be the minimum
requirements.
b) Meaning of Use - Unless the context otherwise requires, the expression "use" or "to use"
in this By- law shall include anything done or permitted to be done by the owner or
occupant of any land, building, or structure, directly or indirectly, by or through any
trustee, tenant, servant, or agent, acting for or with the knowledge or consent of such
owner or occupant, for the purpose of making use of the said land, building or structure.
c) Meaning of Shall - In this By-law, the word "shall" shall always be construed as mandatory.
d) Meaning of Building or Structure - A "building" or "structure" as defined herein shall
include any part thereof.
e) Number and Gender - In this By-law, unless the contrary intention appears otherwise,
words importing the singular number or the masculine gender only shall include more
persons, parties, or things of the same kind than one, and females as well as males, and
the converse.
f) Special Use Regulations for Exception Zones - To each Exception within any Zone there
shall apply such special use regulations as may be established by this By-law with respect
to such Exception and, in addition to such special use regulations, all provisions of this
By-law including the general regulations applicable to the Zone within which the
CORPORATION OF THE TOWNSHIP OF WHITEWATER COMPREHENSIVE ZONING BY-LAW
1.0 ADMINISTRATION AND USAGE
16
Exception is located shall apply to the Exception; provided that, and unless a contrary
intention appears from the special use regulations:
i)
If the special use regulations are different from the corresponding regulations of
this By-law, including the general regulations applicable to the Zone within which
the Exception is located, the special use regulations shall supersede and prevail
over such corresponding regulations of this By-law;
ii)
If the special use regulations establish one or more specifically permitted uses for
the Exception, such permitted use or uses shall be the only purpose or purposes
for which the Exception Zone may be used; and,
iii)
If the special use regulations specifically permit one or more uses in addition to
those otherwise permitted in the Zone within which the Exception is located, any
and all of the other special use regulations applicable to the Exception Zone shall
apply only to the additional permitted use or uses and not to uses otherwise
permitted in the Zone.
1.14 CLARITY AND ACCURACY
In the development of this By-Law, every effort is made to ensure clarity and accuracy. This By-
Law is a complex and detailed document, and inadvertent inconsistencies and errors may have
occurred in its development. Notwithstanding any other provisions of this By-Law, corrections to
technical errors including typographical, grammatical, spelling, section numbering, metric
conversion, transposition errors and minor mapping irregularities may be made to this By-Law
without formal amendment under the Planning Act and will not require public notification.
1.15 USE OF HOLDING ZONE (H) PROVISIONS
a)
Where the zoning applying to any lot includes the symbol (H) suffixed to any Zone symbol,
the provisions of the Planning Act shall apply to such lands until such time as the By-law
is amended to remove the holding symbol (H).
Application of the (H) symbol indicates that development of the lands is premature at the
present time. However, it does indicate the use to which lands, buildings or structures
may be put at such time in the future as the holding symbol is removed by amendment
to this By-law. The Official Plan outlines the criteria to be satisfied in order to remove the
holding symbol (H).
b)
The passing of such an amendment only requires that notice be given of Council's
intention to pass the by-law and the earliest date on which Council will meet to consider
the matter. Upon adoption there is no further notice of passing required nor any appeal
CORPORATION OF THE TOWNSHIP OF WHITEWATER COMPREHENSIVE ZONING BY-LAW
1.0 ADMINISTRATION AND USAGE
17
period as with regular zoning by-law amendments. Only the applicant has the right to
refer the matter to the Ontario Land Tribunal if Council refuses to pass the by-law.
1.16 REPEAL OF EXISTING BY-LAWS
From the coming into force of this by-law, all previous by-laws passed under Section 34 of the
Planning Act, as amended, or a predecessor thereof, shall be deemed to have been repealed
except to the extent that any of the said by-laws prohibit the use of any land, building or structure
for a purpose that is also prohibited by this By-law.
1.17 APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any person from the obligation to comply with the
requirements of the Ontario Building Code or any other By-law of the Township in force from
time to time or the obligation to obtain any licence, permit, authority or approval required under
any by-law of the Township.
1.18 GREATER RESTRICTIONS OF OTHER JURISDICTIONS
Nothing in this By-law shall reduce the severity of restrictions lawfully imposed by a governmental
authority having jurisdiction to make such restriction.
1.19 BUILDINGS TO BE MOVED
No building, residential or otherwise, shall be moved within the limits of the Township or shall
be moved into the Township from outside, without a permit from the Chief Building Official.
1.20 BUILDING PERMITS
In addition to fulfilling the requirements of any by-law enacted pursuant to Section 34 of the
Planning Act, as amended, no person shall commence to use any lands or erect, occupy, alter,
enlarge or use any buildings or structures until he has applied for and received from the Chief
Building Official, a building permit as herein provided.
1.20.1
Building Permit Requirements
Unless deemed unnecessary by the Chief Building Official, an application for Building Permit
shall be accompanied by a plan in duplicate, drawn to scale, in metric, and based on an accurate
depiction of the property lines showing and containing:
a) The true shape and dimensions of the lot to be built upon or otherwise developed;
b) The proposed location, grade, height and dimensions of any buildings, structures, use or
work proposed for the lot;
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c) The proposed locations and dimensions of any yards, setbacks, landscaping, off-street
parking spaces or off-street loading facilities required by this By-law;
d) The location on the lot of every building thereon;
e) A detailed drawing of each building and structure indicating the type of material to be
used;
f) A statement, signed by the owner or his agent duly authorized thereunto in writing,
disclosing the exact use proposed for each building aforesaid and giving all information
necessary to determine whether or not such building and the proposed use thereof
conforms with the requirements of this By-law; and,
g) The lack of a survey or a mistake does not relieve any person from liability for not
complying with the requirements of this By-law, i.e., responsibility is not upon the
Township, whose rights are preserved even in the case of a mistake of its own Official.
1.21 TRANSITION PROVISIONS
1.21.1
Complete Applications for a Building Permit
a) Nothing in this By-law prevents the development or use of a lot or a building for which a
complete application for a building permit was received by the Township on or before
the date of passing of this By-law, if the development or use complies, or the building
permit application is amended to comply, with the provisions of the applicable former
zoning by-law as it read immediately prior to the passing of this By-law.
1.21.2
Other Types of Complete Applications
a) Where a complete application was received by the Township on or before the date of
passing of this By-law for the development or use of a lot or one or more buildings,
approval may be granted in the context of the applicable former zoning by-law as it read
immediately prior to the passing of this By-law, for one or more of the following
applications where they are consistent with the intent of the complete application:
i)
Any application under Section 45 of the Planning Act;
ii)
Site plan control approval pursuant to Section 41 of the Planning Act;
iii)
Consent pursuant to Section 53 of the Planning Act;
iv)
Draft plan of subdivision pursuant to Section 51 of the Planning Act or a
description under the Condominium Act, 1998, S.O. 1998, c.19;
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v)
Payment in lieu of parking agreement pursuant to Section 40 of the Planning Act;
and
vi)
A part lot control exemption pursuant to Section 50 of the Planning Act.
b) Where the development or use of a lot or one or more buildings qualifies under
subsection 1.21.2 a), a building permit may be issued after final approval is received for
all required applications if the development or use complies, or the building permit
application for the development or use is amended to comply, with the provisions of the
applicable former zoning by-law as it read immediately prior to the passing of this By-
law.
c) Nothing in this By-law applies so as to continue the exemption provided by Section
1.21.2 beyond the issuance of the final building permit upon which the exemptions are
founded.
1.22 MINOR VARIANCES
1.22.1
Continuation of Approved Variances
a) During the two-year period commencing on the date of passing of this By-law, a building
permit may be issued in the context of the applicable former zoning by-law as it read
immediately prior to the passing of this By-law for any development subject to one or
more approved minor variances under the provisions of the applicable former zoning
by-law.
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2
DEFINITIONS
For the purpose of this By-law the definitions and interpretations of this section shall apply.
Abandoned means the failure, in the opinion of the Zoning Administrator, to proceed
expeditiously with construction work during any continuous 12-month period.
Abattoir means a building, structure or lot or part thereof used for the slaughter of livestock or
other animals for the purpose of processing or rendering.
Accessory when used to describe a use, building or structure, means a use, or a detached
building or structure, that is naturally and normally incidental, subordinate and exclusively
devoted to supporting the principal use, building or structure and located on the same lot
therewith. This does not include an accessory residence unless otherwise specified.
Aggregate means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone,
marble, granite and rock other than metallic ores.
Agricultural Commercial Establishment means the use of land, buildings or structures for the
wholesale or retail sales of goods that are necessary to support agricultural uses. Without
limiting the generality of the foregoing, these include such goods as farm machinery and
equipment, products used for the housing and husbandry of livestock, poultry and fur bearing
animals, and sub-surface drainage materials and equipment. This definition shall also include
such goods and services as the selling, processing and storage of seed, feed and fertilizer and
chemical products.
Agricultural Uses means:
i)
Growing of crops, including nursery, biomass, and horticultural crops;
ii)
Raising of livestock;
iii)
Raising of other animals for food, fur or fibre, including poultry and fish;
iv)
Aquaculture;
v)
Apiaries;
vi)
Limited on-site processing activities;
vii)
Associated on-farm buildings and structures; and,
viii)
Farm help accommodations.
Agricultural Uses include a Hobby Farm but shall not include a Cannabis Production Facility.
Agriculture-Related Uses means farm-related commercial and farm-related industrial uses that
are directly related to farm operations in the area, support agriculture, benefit from being in
proximity to farm operations, and provide direct products and/or services to farm operations as
a primary activity.
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Agri-Tourism Uses means those farm-related tourism uses, including limited accommodation
such as a bed and breakfast and country inns, that promote the enjoyment, education or
activities related to the farm operation or in proximity to farm operations.
Air Treatment Control means the functional use of industrial grade multi-stage carbon filtration
system, or similar technology, to reduce and/or treat the emission of pollen, dust and odours
expelled from a facility and sized accordingly in comparison to the facility it serves as designed
by a qualified person.
Airfield, Private means land used for the purpose of the landing, storing, taxiing or taking-off of
private aircraft and uses, buildings and structures accessory thereto, but not an airport under the
regulation of Transport Canada.
Airport means the use of land licensed by Transport Canada for the landing and take-off of
commercial and/or private aircraft and shall include any buildings or structures accessory
thereto.
Alter means any alteration in a bearing wall or partition or column, beam, girder or other
supporting member of a building or structure or any increase in area or volume of a building or
structure. When used in reference to a lot, the word alter means to decrease the width, depth
or area of any required yard, setback, landscaped open space or parking area, or to change the
location of any boundary of such lot with respect to a street or lane. The words "altered" and
"alteration" shall have a corresponding meaning.
Animal Hospital means a building or structure where domestic animals, birds or other livestock
are treated and where domestic animals or birds are kept for treatment only and shall include
the clinic of a registered veterinarian.
ANSI (Area of Natural and Scientific Interest) means an area of land or water containing natural
heritage landscapes or features that have been identified as having life science or earth science
values related to protection, scientific study or education.
Antique Furniture Restoration Workshop, Cabinet-Making Shop and Showroom means an
establishment engaged in the refinishing and restoration of antique furniture and includes a
cabinet-making shop, and a showroom for the storage, and display of the finished product.
Apartment Building means a building that has five or more dwelling units and each dwelling
unit has a separate entrance through a common interior area. A building that was originally
constructed as a detached house, semi-detached house or townhouse and has one or more
additional residential units is not an apartment building.
Artist Studio/Maker Space means an establishment used for the workplace and limited retail
sales of a permanent resident of the property who is producing or making and selling custom-
made artisanal goods in limited quantities, using techniques that do not involve mass-
production.
Asphalt Manufacturing Plant means an industrial facility used for the production of asphalt for
immediate use in the paving of roads and driveways and the damp-proofing of buildings or
structures.
Asphalt Plant, Portable means a facility operated by, or on behalf of, a public road authority for
a particular construction project, with equipment designed to heat and dry aggregate and to
mix aggregate with bituminous asphalt to produce asphalt paving material and includes the
stockpiling and storage of bulk materials used in the process. Such a facility is not of permanent
construction, but is designed to be dismantled and moved to another location as required.
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Assembly Hall means a building or part of a building in which facilities are provided for such
purposes as meetings of civic, education, political, religious or social purposes, and shall
include a banquet hall.
Attached means a building otherwise complete in itself, which depends for structural support,
or complete enclosure, upon a division wall or walls shared in common with adjacent building
or buildings.
Automotive-Store means an establishment primarily engaged in the retail sale of vehicle parts,
accessories and tools. Accessory uses may include service bays for performing maintenance
repair operations on motor vehicles.
Automotive-Body Shop means a building or structure used for the painting or repairing of
automobile bodies or fenders but shall not include a salvage yard.
Automotive-Car Wash means a building or structure containing facilities for washing
automobiles, either by production line methods and mechanical services or by a self- service
operation.
Automotive-Commercial Garage means a building where all functions of an automobile service
station may be carried out and where major repairs of motor vehicles may be performed,
including body work and welding but shall not include dismantling of motor vehicles for scrap
or the storage of motor vehicles awaiting scrapping.
Automotive-Gasoline Bar means one or more pump islands, each consisting of one or more
gasoline pumps, and shelter, and may include electric vehicle charging stations, which shall not
be used for the sale of any product other than liquids and small accessories required for the
operation of motor vehicles and shall not be used for repairs, oil changes or greasing.
Automotive-Service Station means a building or place where gasoline, grease, anti-freeze, tires,
tubes, tire accessories, electric light bulbs, spark plugs and batteries for motor vehicles are
stored or kept for sale, or where motor vehicles may be oiled, greased or washed, or have their
ignition adjusted, tires inflated or batteries changed, or where only minor or running repairs
essential to the actual operation of motor vehicles are executed or performed.
Automotive-Vehicle Sales or Rental Establishment means an establishment having as its main
use the storage of vehicles for sale, rent or lease. Accessory uses may include facilities for the
repair or maintenance of such vehicles.
Basement means that portion of a building between two floor levels which is partly
underground but which has at least one-half of its height from finished floor to finished ceiling
above adjacent finished grade as approved.
Bed and Breakfast Establishment means a private single-detached dwelling in which there are
up to four rooms for rent for sleeping accommodation for overnight guests only and may
include the provision of meals. This definition does not include any establishment defined
elsewhere in this By-law.
Berm means a landscaped mound of earth and/or stones.
Boathouse means a detached one-storey, accessory building or structure which is designed or
used for the sheltering of a boat or other form of water transportation and the storage of
household equipment incidental to the residential use of the property and shall not be used for
human habitation nor contain food preparation or sanitary facilities.
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Buffer Strip means an area to be used only for the purpose of screening land, buildings, or
other structures by the planting and maintenance of trees or shrubs or the construction and
maintenance of a berm.
Building means any structure used or designed to be used for shelter, accommodation or
enclosure of persons, animals or chattels, or as defined in the Ontario Building Code, 1992, S.O.
1992, c. 23, as amended from time to time or any successor thereof, but does not include a
vehicle.
Building Envelope means the buildable area on a lot, defined by the minimum front yard depth,
rear yard depth, side yard width and maximum height requirements, within which a building
can be erected.
Building, Principal means a building in which is carried on the principal purpose for which the
lot is used. In a residential zone the dwelling is the principal building.
Building Supply Store means an establishment engaged in the selling of building supplies
including lumber, mill work, siding, roofing, electrical, heating, air conditions and similar items.
Bunkie - See Cabin, Sleeping
Bus Storage and Maintenance Establishment means a building or part of a building, or area of
land, used for the storage and repair or maintenance of buses.
Cabin, Sleeping means a building containing not more than two sleeping rooms, which
building shall not include cooking facilities, sanitary facilities, and is not connected to any
plumbing facilities.
Camping Establishment means a tourist establishment consisting of at least five camping lots
and comprising land used or maintained as grounds for the camping or parking of recreational
vehicles and tents.
Cannabis means a genus of flowering plants in the family Cannabaceae. Synonyms include but
are not limited to marijuana, and marijuana. This definition does not include the industrial or
agricultural production of hemp (a source of foodstuffs [hemp milk, hemp seed, hemp oil], fiber
and biofuels).
Cannabis Production Facility means lands, buildings or structures used for growing, producing,
processing, testing, destroying, packaging and/or shipping of cannabis authorized by an issued
license or registration by the Federal Minister of Health, pursuant to the Cannabis Regulations,
SOR/2018-144, to the Cannabis Act, SC 2018, c 16, the Controlled Drugs and Substances Act,
SC 1996, c 19 and the Food and Drugs Act, RSC 1985, as amended from time to time, or any
successors thereto.
Cemetery means a cemetery, columbarium, or mausoleum within the meaning of the Cemetery
Act of Ontario.
Clinic means a building or part thereof, used exclusively by physicians, dentists, their staff, and
their patients for the purpose of consultation, diagnosis, and office treatment. Without limiting
the generality of the foregoing, a clinic may include administrative offices, waiting rooms,
treatment rooms, laboratories, pharmacies, and dispensaries directly associated with the clinic,
but shall not include accommodation for in-patient care or operating rooms.
Commercial School means a school operated by an individual or company on a for-profit basis,
providing instruction in a specific trade, skill, vocation, service or for general learning.
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Community Centre means any tract of land or buildings or any part of any buildings used for
community activities whether used for commercial purposes or not, and the control of which is
vested in the municipality, a local board or agent thereof.
Concrete Manufacturing Plant means an industrial facility used for the production of concrete
for immediate use in the construction of buildings, structure, roads or driveways. This definition
also means the manufacturing of finished concrete products and may include the retail sale of
such products.
Conservation Uses means the use of land for the purpose of planned management of natural
resources, including:
i)
Forestry uses;
ii)
Wildlife and Fisheries Management Uses; and,
iii)
Watershed Management and Flood and Erosion Control Facilities.
Contractor's Yard or Shop means an area of land of a contractor of any building trade where
equipment and material are stored or where a contractor performs shop or assembly work but
does not include any other yard or establishment otherwise defined or classified herein.
Convenience Retail Store means a retail store serving the daily or occasional needs of the
residents in the immediate area with a variety of goods such as, but not limited to, groceries,
meats, beverages, dairy products, patent medicines, sundries, tobacco, stationery, hardware,
magazines and newspapers.
Cottage means a building to accommodate one or more guests for temporary occupancy,
i)
that contains at least two rooms;
ii)
that is at least partially furnished; and
iii)
in which the guest may be permitted to prepare and cook food.
Cottage Establishment means a tourist establishment comprising of two or more cottages
owned or leased by the same person. Cabin establishment shall have a corresponding
meaning.
Day Care Facilities means a premises operated by a person licensed under the Child Care &
Early Years Act to operate a child care centre for the purpose of providing temporary care to
children for a continuous period not to exceed twenty-four (24) hours. Day care facilities may
also include a premises for the purpose of providing temporary care to adults with special needs
for a continuous period not to exceed twenty-four (24) hours.
Day Nursery means a building or part thereof duly licensed by the Province of Ontario for use
as a facility for the day-time care of children.
Development means the use of land, buildings or structures, or the erection or locating of
buildings or structures for such purposes as are set out in this By-law within the municipality or
within any defined area or areas or abutting on any defined highway or part of a highway.
Drive-Through Facilities means the use of land, buildings, or structures to provide or dispense
products or services through an attendant, window or automated machine to persons who are
expected to remain within their motorized vehicle.
Driveway means a vehicle access provided between a street or lane and a parking area or a
loading space, or between two parking areas, but does not include a parking aisle.
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Dry Cleaning Establishment means a building used for the purpose of receiving articles or
goods of fabric to be subjected to the process of dry cleaning, dry dyeing or cleaning elsewhere
and for the pressing and/or distribution of any such articles or goods which have been
subjected to any such process.
Dwelling Unit means living accommodation for a person or persons living together as a single
household unit, in which both food preparation and sanitary facilities are provided for the
exclusive use of the occupants of the unit.
a) Single Detached Dwelling means a building that includes a principal building with only
one dwelling unit;
b) Semi-Detached Dwelling means a building that has two dwelling units, and no
dwelling unit is entirely or partially above another;
c)
Duplex Dwelling means a building that has two dwelling units, where one dwelling
unit is entirely or partially above another;
d) Triplex Dwelling means a building that has three dwelling units, with at least one
dwelling unit entirely or partially above another. A single detached dwelling or semi-
detached dwelling that has one or more additional residential units is not a triplex;
e) Fourplex Dwelling means a building that has four dwelling units, with at least one
dwelling unit entirely or partially above another. A single detached, semi-detached or
townhouse dwelling that has one or more additional residential units is not a fourplex;
f)
Townhouse Dwelling (Street) means a building that has three or more dwelling units,
and no dwelling unit is entirely or partially above another. The dwelling units share a
sidewall with a neighbouring unit and typically have a front yard and a rear yard. The
front yard, and main entrance abut a public street, and vehicular access is provided
directly to the unit from a public street;
g) Townhouse Dwelling (Block) means a building that has three or more dwelling units,
and no dwelling unit is entirely or partially above another. They share a sidewall with a
neighbouring unit and typically have a front yard and a rear yard. The front yard, and
main entrance abut a private road or laneway; and,
h) Apartment Dwelling Unit means a self-contained residential dwelling unit in an
apartment building, or incorporated into a mixed-use building.
i)
Accessory Dwelling Units means a dwelling unit accessory to a permitted non-
residential use.
j)
Staff Dormitory Dwelling means an accessory sleeping accommodation for
employees.
k) Additional Residential Unit (Attached) means a self-contained residential unit with
kitchen and bathroom facilities within a single detached or semi-detached dwelling on
the same lot that accommodates the principal dwelling unit.
l)
Additional Residential Unit (Detached) means a self-contained residential unit with
kitchen and bathroom facilities on the same lot that accommodates the principal single
detached or semi-detached dwelling unit.
Dwelling Unit Area means the aggregate of the floor area of all habitable rooms, hallways and
lobbies within a dwelling unit, excluding the thickness of any exterior walls.
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Eating Establishment means a building or part of a building where food is offered for sale or
sold to the public for immediate consumption therein and includes a restaurant, cafe, cafeteria,
ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar, refreshment room or
stand or a mobile food vehicle.
Eating Establishment, Drive-In means a premises consisting of a building or structure, together
with a parking lot, from which food, refreshments, dairy products or beverages are offered for
sale or sold to the public for consumption either in automobiles parked on the parking lot or for
consumption elsewhere on the premises, but not necessarily within such building or structure,
and does not include any other use defined in this By-law.
Eating Establishment, Full Service means a building or part thereof where food is prepared
and offered for retail sale to the public for immediate consumption either on or off the premises.
Eating Establishment, Take-Out means a building or structure used for the sale of food to the
general public and from which food is made available to the customer from within the building.
No provision is made for consumption of the food within the customer's car, within the building
or elsewhere on the site.
Erect means build, construct, reconstruct, alter, enlarge or relocate and without limiting the
generality of the foregoing, shall include any preliminary physical operations such as cutting,
grading, excavating, berming, piling, cribbing, filling or drainage, or any altering of any existing
building by an addition, deletion, enlargement, extension or other structural change.
Established Building Line means the average distance from the street line to existing buildings
on the same side of a street within 150 metres of a lot, where a minimum of 3 dwellings have
been built within this area prior to the date of passing of this By-law.
Existing means existing as of the date of final passage of this By-law.
Exterior Side Wall means the primary exterior wall (facade) of a building, that is not a permitted
projection or an attached garage or carport, which is located abutting the exterior side lot line.
Farmer's Market means a building or property where open spaces, stalls or sale areas that are
not separated by permanent walls (but may have removable partitions), are leased, rented or
otherwise provided to more than three individual vendors for the sale of local produce and food
products as well as the goods of local artists and artisans to the general public.
Farm Help Accommodation means residential accommodation for farm help where the
accommodation Is located on the same lot as a full-time operating farm.
Farm, Limited means land used for growing and harvesting field, bush, vine, forest or tree crops
or grazing and does not include a farm dwelling and accessory buildings and uses.
Farm Produce Sales Outlet means a fruit, vegetable, flower or farm produce stand set up as an
accessory use on a farm, used for the sale or produce from that same agricultural use.
Financial Institution means an institution where money is deposited, kept, lent and exchanged
and shall include Trust Companies, Credit Unions, banks and other similar financial institutions.
Flood means a temporary rise in the water level resulting in the inundation of areas adjacent to
a watercourse not ordinarily covered by water.
Flood Fringe means the outer portion of the flood plain between the floodway and the upper
elevation of the flood plain limit. Depths and velocities of flooding are generally less severe in
the flood fringe than those experienced in the floodway..
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Flood Plain means the area of land within a watershed which is subject to inundation during a
flooding event. This area shall be calculated as being the area that would be flooded with an
expected average frequency of once in a hundred years. Lands subject to flooding shall have a
corresponding meaning.
Illustration of Flood Plain
Flood Plain Concept, Two Zone means the concept where a floodplain is divided into two
components for regulatory purposes; the flood fringe and the floodway.
Flood Plain Design Elevation means the elevation established under this by-law below which
all buildings must be floodproofed. This elevation shall be calculated based on the flood plain
determined for a watershed.
Flood Proofed refers to the measures taken to ensure that a structure or building is safe from
the effects of flooding and shall include the following:
a) no building openings of any kind including windows, doors, vents, etc. should be
permitted below the flood plain design elevation;
b) incoming power service metering equipment, electrical appliances, etc., should not be
erected below the flood plain design elevation, however this restriction does not apply
to electrical wall outlets equipped with ground fault plugs;
c)
design of heating, air conditioning, ventilation, plumbing, sanitary and water systems to
consider flood vulnerability;
d) sanitary sewer and storm drainage systems having openings below the flood plain
design elevation should be provided with automatic backflow preventers;
e) water supply systems should be designed to prevent possible contamination from flood
water;
f)
gas or oil fired furnaces should be provided with float operated automatic control valves
to shut off fuel in the event of flooding;
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g) sanitary sewer or septic systems intended during flood conditions should be designed
to prevent sewage discharge and resulting health hazards; and
h) any other appropriate measures.
Floodway means land that is part of a floodplain adjacent to a watercourse which is subject to
flood depths and velocities that are more severe than in the flood fringe. These flood depths
and velocities are considered to have the potential to threaten lives and/or damage property.
Floor Area, Gross means, for a dwelling, the total area of the storeys exclusive of basements,
cellars, attic, garages, sunrooms, unenclosed verandas or porches; and for a building other than
a dwelling, the total area of all the floors contained within the outside walls of the building. Only
that floor area having a clear height to the ceiling of at least two and one-quarter metres (2.25
metres) may be used to calculate floor area.
Floor Area, Gross Leasable means the total floor area of a building including basements,
mezzanines, and upper floors, minus common areas including public walkways, malls, public
toilets, truck and service facilities, joint service facilities, elevator shafts and lobbies, boiler
rooms, maintenance rooms, mechanical or electrical or utility rooms and any parking for autos
within the building.
Floor Area, Net means only the habitable or useable floor space in a building exclusive of any
foyer, hallways, stairwell, closet, washroom or toilet room and shall be measured from the inside
walls.
Forestry means 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 and production of
water supplies, and preservation of the recreation resources, and may include associated
storage building and structures.
Funeral Home means a premises used for providing funeral supplies and services to the public
and includes facilities intended for the preparation of the human body for internment.
Garage, Private means an enclosed or partially enclosed structure in which no business,
occupation or service is conducted for profit, and which structure is used primarily for the
storage of one or more vehicles and storage of household equipment incidental to the
residential occupancy, carport shall have a corresponding meaning.
Garage, Public means a municipal or provincial facility used for the storage and servicing of
road construction and maintenance equipment and materials.
Garden Centre means an establishment primarily used for the retail sale of gardening
equipment, products and planting materials, including greenhouses, for the cultivation of such
materials. Nursery shall have a corresponding meaning.
Height means when used with reference to a building, the vertical distance between the
average elevation of the finished surface of the ground at the front of the building and,
a) In the case of a flat roof, the highest point of the roof surface or the parapet, whichever
is the greater;
b) In the case of a mansard roof, the deck roof line; and
c)
In the case of a gable, hip or gambrel roof, the mean height between the eaves and the
ridge.
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d) in the case of any other type of roof, the highest point of the roof surface.
High Water Mark means the mark made by the action of water under natural conditions on the
shore or bank of water, which action has been so common and usual and so long continued
that it has created a difference between the character of the vegetation or soil on one side of
the mark and the character of the vegetation or soil on the other side of the mark.
Home Display and Sales Outlet means an establishment or premises where prefabricated
dwellings including cottages and mobile homes are erected or located for display purposes
only and from which orders can be placed for the purchase and delivery of such dwellings or
parts and accessories associated therewith.
Home Industry means a gainful occupation, carpentry, electrical, woodworking, window
framing, welding, plumbing, machine or auto repair shop; service shop; blacksmith; or a storage
building for school buses, boats or snowmobiles and conducted in whole or in part in an
accessory building to a single detached dwelling or to a permitted agricultural use.
Home Occupation means any occupation for gain or support which is carried on as an accessory
use either within a dwelling or dwelling unit and operated by members of the one family
residing in a dwelling or dwelling unit. Such home occupation uses may include a day nursery,
service or repair shop, a personal service shop, the office or consulting room of a doctor; dentist,
chiropractor, drug-less practitioner, lawyer, real estate agent, insurance agent, planner,
architect, photographer, artist's studio, teacher, music or dance instructor, or engineer, but not
include a clinic, a hospital, a nursing home, a tea room, kennel or a small internal combustion
engine repair shop.
Hospital shall mean a hospital as defined under the Public Hospital Act, as amended from time
to time.
Hotel means a building or group of buildings used for the purpose of catering to the needs of
the travelling public by providing short-term (generally less than one month) commercial
accommodation, with or without meals, or with small dinettes, and includes a motel.
Hunting and Fishing Camp means a building or structure intended to provide basic shelter and
accommodation on an occasional basis for a person or group of persons engaged in hunting
or fishing activities. Such structure may be described as being of light frame construction
without any interior finish on its walls and ceiling. A hunt camp shall not be used as a dwelling
unit.
Kennel means any premises where five (5) to a maximum of twenty-five (25) Dogs are lodged,
groomed, bred, treated, kept, boarded, trained or raised for profit or not for profit. This includes
kennels for purebred Dogs which are registered with the Canadian Kennel Club and Rescues.
It does not include an accredited veterinary facility under the supervision of a veterinarian
licensed pursuant to the Veterinarians Act, R.S.O.1990, Chapter V.3, as amended.
Landscaped Open Space means open space comprised of lawn, flowers, ornamental shrubs,
trees or other natural vegetation. This area may include space occupied by paths, courtyards
and patios, but shall not include loading or parking areas, traffic aisles, driveways, ramps, or
open outside storage areas.
Laundromat means a building or structure or part thereof where self-service or coin-operated
laundry machines, using only water, detergents and additives, are made available to the public
for the purpose of laundry cleaning. This definition does not include dry-cleaning, dyeing or
pressing.
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Livestock means chickens, turkeys, cattle, hogs, mink, rabbits, sheep, goats or any other
domestic animal used for consumption.
Loading Space means an area directly adjacent to a building or unit, for the purpose of loading
and unloading vehicles through a loading door in conjunction with a permitted use on the same
lot.
Lodging House means a building in which bedrooms, common areas, dining areas, games
areas and meals are available for the guests of an establishment.
Logging Hauler means an area of land and/or building of a logging contractor where
equipment and materials are stored and may include repairs to logging equipment belonging
to the logging contractor.
Lot means a parcel of land, with frontage on a public street, separate in ownership from any
abutting land.
Lot Area means the total horizontal area within the lot lines of a lot. In the case of a corner lot
having street lines rounding at the corner with a radius of six (6) metres, or less, the lot area of
such land shall be calculated as if the lot lines were produced to their point of intersection.
Lot, Corner means a lot situated at the intersection of two streets, of which two adjacent sides,
that abut the intersecting streets, contain an angle of not more than 135 degrees; where such
adjacent sides are curved, the angle of intersection of the adjacent sides shall be deemed to be
the angle formed by the intersection of the tangents to the street lines, drawn through the
extremities of the interior lot lines, provided that, in the latter case, the corner of the lot shall be
deemed to be that point on the street lines nearest to the point of intersection of the said
tangents.
Lot Coverage means the percentage of the lot area covered by buildings, including accessory
buildings.
Lot Depth means:
a) The shortest horizontal distance between the rear lot line and the front lot line of a lot,
where such lot lines are parallel;
b) The horizontal distance between the mid-point of the rear lot line and the mid-point of
the front lot line of a lot, where such lot lines are not parallel; or,
c)
The horizontal distance between the mid-point of the front lot line and the point of
intersection of the side lot lines of a lot where there is no rear lot line.
Lot Frontage means the horizontal distance between the side lot lines measured along the front
lot line. Where the front lot line is not a straight line, or where the side lot lines are not parallel,
the lot frontage shall be measured along a line seven and one-half (7.5) metres back from and
parallel to the street line or lot line adjacent to a navigable waterbody.
Lot, Interior means a lot situated between adjacent lots and having access to one street.
Lot, Through means a lot bounded on two opposite sides by a street and/or navigable
waterbody If any lot qualifies as being both a "Lot, Corner" and a "Lot, Through" as hereinbefore
defined, such lot shall be deemed a "Lot, Corner" for the purpose of this By-law.
Lot Line means the boundary line of a lot, also commonly referred to as the property line. Lot
lines include:
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Lot Line, Front means the lot line that divides the lot from the street, street allowance or, in the
case of waterfront lots, a navigable waterbody, with the following clarifications:
Illustration of Typical Lot with Setbacks
a) in the case of a corner lot, the shorter lot line that abuts the street shall be deemed the
front lot line and the longer lot line that abuts the street shall be deemed the side lot
line;
b) in the case of a corner lot with two street lines of equal lengths, the lot line that abuts the
wider street or abuts a Provincial Highway or abuts a County Road shall be deemed to
be the front lot line, and in the case of both streets being under the same jurisdiction, or
of the same width, the lot line where the principal access to the lot is approved shall be
deemed to be the front lot line;
c)
in the case of a corner lot abutting a 0.3 metre reserve the lot line so abutting the 0.3
metre reserve shall be deemed an exterior side lot line and the other line abutting the
street shall be deemed the front lot line;
d) in the case of a through lot, the longer boundary dividing the lot from the street shall be
deemed to be the front line and opposite shorter boundary shall be deemed to be the
rear lot line. In case each of such lot lines should be of equal length the lot line where
the principal access to the lot is approved shall be deemed to be the front lot line. In the
case of a through lot with a street and navigable waterbody, the lot line adjacent to the
navigable waterbody shall be deemed the front lot line.
e) in the case of a lot in the Limited Service Residential (LSR) Zone that does not abut a
waterbody, the lot line through which access is provided shall be deemed to be the front
lot line.
Lot Line, Rear means the lot line opposite the front lot line.
Lot Line, Side means a lot line other than a front or rear lot line and as further detailed below:
f)
Lot Line, Exterior Side means a side lot line situated between adjacent lots, and
g) Lot Line, Interior Side means a side lot line abutting a street or street allowance that is
not a front lot line.
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Manufacturing Plant means a building or structure in which a product is fabricated and from
which such product is shipped to a wholesale or retail outlet.
Marina means a building, structure or place, containing docking facilities and located on a
waterbody, where boats and boat accessories are berthed, stored, serviced, repaired or kept
for sale or rent and where facilities for the sale of marine fuels and lubricants may be provided.
Medical Office/Clinic means a building or part of a building used for the practice of medical,
therapeutic or dental professions, including the offices of physicians, dentists, and other health
practitioners. A medical office/clinic use includes medical and dental laboratories, outpatient
care facilities, blood banks, and oxygen and miscellaneous types of medical services.
Mini Storage Establishment means one or more than one building containing separate spaces
of varying sizes that are offered by lease or rent to persons for the storage of chattels.
Mine means any opening or excavation in, or working of the ground for the purpose of opening
up or proving any mineral or mineral-bearing substance, and any ore body, mineral deposit,
stratum, rock, earth, clay, sand or gravel, or place where mining is or may be carried on, and all
ways, works, machinery, plant, buildings and premises below or above ground belonging to or
used in connection with the mine, and also any quarry, excavation or opening of the ground
made for the purpose of searching for or removal of mineral rock, stratum, earth, clay, sand or
gravel and any roasting or smelting furnace, concentrator mill, work or place used for in
connection with washing, crushing, sifting, reducing, leaching, roasting, smelting, refining,
treatment or research on any of such substance.
Mining means any mode or method of working whereby the earth or any rock, stratum, stone
or mineral-bearing substance may be disturbed, removed, washed, sifted, leached, roasted,
smelted, refined, crushed or dealt with for the purpose of obtaining any mineral therefrom,
whether it has been previously disturbed or not.
Mobile Home means any dwelling that is designed to be made mobile and constructed or
manufactured to be used in like manner as a single detached dwelling for the permanent
accommodation of one or more persons, notwithstanding that the running gear is or may be
removed, or that such dwelling is or may be fixed on a finished and permanent foundation or
has become in any other manner so adapted and affixed to the land upon which it is situated
that it is, or has become, an immobile and permanent structure, and includes any mobile home
as defined in Section 46(1)(a) of the Planning Act as amended from time to time, or any
successors thereto. All mobile homes shall conform in all respects to the CAN/CSA-Z240 Series
of Standards of the National Building Code of Canada.
Mobile Home Park means a lot containing two or more mobile home sites and which is under
single management and ownership, used for the siting of mobile homes together with
commercial-recreational and service uses for Mobile Home Park residents, including any
building, structure or enclosure forming a part of such a mobile home park.
Mobile Home Site means a parcel of land within a mobile home park occupied by or intended
for occupancy by one mobile home together with all yards and open space required by this By-
law.
Mobile Home Site Line means any boundary of a mobile home stand or the vertical projection
thereof.
Mobile Home Site Front Line means the mobile home site line that divides the mobile home
site from the interior road, provided that in the case of a corner mobile home site the shorter
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mobile home site line that abuts an interior road shall be deemed to be the mobile home site
front line and the longer mobile home site front line that abuts an interior road shall be termed
the flankage of the mobile home site.
Mobile Home Site Rear Line means the mobile home site line opposite the mobile home site
front line.
Mobile Home Site Side Line means the mobile home site line other than a mobile home site
front line or mobile home site rear line.
Mobile Home Site Frontage means the horizontal distance between the mobile home site side
lines measured along the mobile home site front line. Where the mobile home site front line is
not a straight line, or where the mobile home site lines are not parallel, the mobile home site
frontage shall be measured along a line six (6) metres back from and parallel to the interior road
line.
Mobile Home Site Depth means the horizontal distance between the mobile home site front
line and the mobile home site rear line.
Mobile Home Site Yard means a space, appurtenant to a structure located on the same mobile
home site as the mobile home and which space is open, uncovered and unoccupied from the
ground to the sky except for such accessory buildings, structures or uses as are specifically
permitted elsewhere in this by-law.
Mobile Home Site Front Yard Depth means a mobile home site yard extending across the full
width of a mobile home site on which a structure is situate and from the mobile home site front
line to the nearest main wall of the structure or structures for which such mobile home site front
yard is required.
Mobile Home Site Rear Yard means a mobile home site yard extending across the full width of
the mobile home site, on which a structure is situate, and from the mobile home stand rear line
to the nearest main wall of the structure or structures or the nearest open storage use for which
such mobile home stand rear yard is required.
Mobile Home Site Side Yard means a mobile home site yard extending from the mobile home
site front yard to the mobile home rear yard and from the mobile home stand site line to the
nearest main wall of the structure or structures or open storage use for which mobile home site
side yard is required.
Motor Vehicle means a wheeled self propelling mode of transportation for passengers or
goods and without limiting the generality of the foregoing includes automobiles, motorcycles,
trucks, buses, ambulances, hearses, tractors and other self-propelled farm machinery.
Mutual Driveway means an ingress or egress that is common to two or more owners of abutting
lands as a right-of-way registered against the title of the lands.
Navigable Waterway means a navigable body of water or stream as deemed under the Beds
of Navigable Waters Act.
Non-Complying means a lot, building, or structure that does not fulfill the requirements of the
Zone provisions or general provisions for the Zone within which the lot, building, or structure is
located.
Non-Conforming means a use on a lot, or within a building or structure, that is not permitted by
the Zone within which the lot, building, or structure is located.
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Noxious and Offensive Uses means a use which, from its nature or operation creates a nuisance,
or is liable to become a nuisance, offensive or dangerous by the creation of noise or vibration,
or by reason of the emission of gas, fumes, dust or objectionable odour, or by reason of the
unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste, or other material.
Nursery see Garden Centre.
Off-Road Vehicle means all-terrain vehicles (ATVs), off-highway motorcycles or dirt bikes, utility
terrain vehicles (UTVs or side-by-side vehicles), and snowmobiles.
Office, Business means an office where one or more persons are employed n the management,
direction or conducting of any agency, business, brokerage, labour or fraternal organization
and shall include a newspaper plant, a radio and television broadcasting studio or theatre.
Office, Professional means any office where professionally qualified persons, technical
assistants and clerical staff are employed and where clients or patients seek advice, consultation,
or treatment.
On-Farm Diversified Uses means uses that are secondary to the primary agricultural use of the
property, and are limited in area. On-farm diversified uses include, but are not limited to, home
occupations, home industries, agri-tourism uses, and uses that produce value-added
agricultural products.
Open Space means a parcel or area of land essentially unimproved, and unoccupied by a
building, structure or driveway.
Open Storage means the storage of goods, merchandise or equipment in the open air and in
unenclosed portions of buildings which are open to air in the side.
Outdoor Furnace means a solid fuel burning appliance located outside of the building it serves
and is used for the space heating of buildings and/or domestic water heating and does not
include the incineration of waste as defined in Section 25 of the Environmental Protection Act,
c.E.19., R.S.O. 1990.
Park means an area, consisting largely of open space, which may include a recreational area,
playground, playfield or similar use, but shall not include a mobile home park or recreational
vehicle park.
Park, Public means a park owned or controlled by the Corporation or by any Ministry, Board,
Commission or Authority established under any statute of Ontario or Canada.
Park, Private means a park other than a public park.
Park Model Trailer means a structure or vehicle designed for temporary human habitation that
meets the CAN/CSA Z241(RV) Standard, or its successors, and may have running gear removed
and stored when not in use.
Parking Space means an area for the temporary parking or storage of motor vehicles in
accordance with Section 3.26 of this By-law.
Permitted means permitted by this By-law.
Person includes an individual, an association, a chartered organization, a firm, a partnership or
a corporation.
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Pet Grooming means the grooming of a domestic animal, including bathing, cutting of hair,
trimming of nails, and other services generally associated with the act of grooming but shall
exclude veterinary services, breeding, boarding, and overnight accommodation.
Pit means any open excavation made for the removal of any soil, earth, clay, marl, sand, gravel
or unconsolidated rock or mineral in order to supply material for construction, manufacturing
or industrial purposes.
Place of Entertainment means an athletic, recreational or social club operated for gain or profit
as well as a motion picture or other theatre, auditorium, billiard or pool room, bowling alley, ice
or roller skating rink, curling rink, or dance hall, but does not include any place of entertainment
or recreation otherwise defined or classified in this By- law.
Place of Worship means a building used by a religious congregation or organization and
dedicated exclusively to worship and related religious, social and charitable activities and may
include a hall, an auditorium, a convent, an office for religious leaders, a children's activity room,
and an attached dwelling unit for a religious leader as accessory uses.
Plaza Complex means a group of commercial or industrial establishments which is planned,
developed, managed and operated as a unit with shared on-site parking and containing three
or more separated spaces for lease and/or occupancy.
Private Road means a registered right-of-way not dedicated and accepted as, or otherwise
deemed at law to be a public highway, that serves as a privately maintained motor vehicle
access-route to one or more abutting, legally conveyable parcels of land.
Private Club means a building or part of a building used as a meeting place for members of a
chartered organization, and shall include a lodge, a fraternity or sorority house, and a labour
union hall.
Provincially Significant Wetland means an area identified as Provincially Significant by the
Ministry of Natural Resources using evaluation procedures established by the Province or
evaluated by others and approved by the Ministry of Natural Resources.
Public Authority means the Council and any School Board, Public Utility Commission,
Transportation Commission, Public Library Board, Board of Parks Management, Board of
Health, Planning Committee or other board or commission or committee of the Municipality or
the County of Renfrew established or exercising any power or authority under any general or
special statutes of Ontario with respect to any of the affairs or purposes of the Municipality or a
portion thereof, and includes any committee or local authority established by By-law of the
Municipality.
Public Building means any building or structure owned or leased by a municipal corporation,
the County of Renfrew, Province of Ontario or the Government of Canada and in which
government activities are carried out. This includes municipal offices, libraries, post offices,
police stations, firehalls and the like.
Public Road means any road, street or thoroughfare on a right-of-way owned and maintained
by the Province, County, or Township to which the public has a right of use and access.
Public and Private Utilities means any use or facility that provides the public with electricity, gas,
heat, steam, communication, rail transportation, water, sewage collection/treatment, storm
water management or other similar infrastructure services.
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Quarry means any open excavation made for the removal of any consolidated rock or mineral
including limestone, sandstone or shale, in order to supply material for construction, industrial
or manufacturing purposes, but shall not include an excavation incidental to the erection of a
building or structure for which a building permit has been granted by the Corporation or an
excavation incidental to the construction of any public works.
Rafting Access means lands along the Ottawa River used for putting in and taking out of rafts
and rafting equipment for commercial recreation purposes.
Recreation, Active means the use of land, water and/or building for the purpose of organized
active leisure activities and shall include an arena, a golf course and a sports field, and motorized
vehicle trails.
Recreation, Passive means the use of land and/or water for the purpose of passive leisure
activity and shall include a park, a garden, a picnic area and the like, equestrian and hiking trails,
as well as a playlot with activity equipment for children.
Recreational Vehicle means a structure or vehicle designed, intended and used as
accommodation exclusively for travel, recreation and vacation and which is either capable of
being drawn by a passenger vehicle or is self-propelled and which has running gear and towing
equipment that is permanently attached and which is not permanently affixed to the ground. A
travel trailer, tent trailer, motor home, and similar transportable accommodation, excepting a
mobile home and park model trailer, shall have a corresponding meaning. A recreational
vehicle shall not include a tiny home.
Recreational Vehicle Campground or Park means a parcel of land under single ownership
which is designed, developed and maintained or intended to provide accommodation on a
temporary or seasonal basis, for recreational vehicles and/or tents plus accompanying towing
or carrying vehicles, including park model trailers. It may also include accessory uses such as an
administration office, clubhouse, snack bar, laundry, convenience and souvenir shop, swimming
pool, washrooms, showers, managers dwelling and recreational facilities.
Religious Education Facility means an establishment used by religious groups for study,
relaxation, meditation and similar activities, including dining and lodging facilities,
accommodation for staff and compatible accessory uses.
Rental Outlet means a building or part thereof used for the rental of tools, appliances, office
machines, recreation equipment, light construction equipment, party supplies or similar items,
and includes facilities of the maintenance and repair of rental equipment, but does not include
an equipment sales, rental and service establishment or the rental of motor or recreational
vehicles.
Required means required by this By-law.
Resort means a tourist establishment catering to the vacationing public, designed as a
destination-oriented operation and/or being within an area recognized as a destination for
vacations, and providing meals and sleeping accommodations that may consist of lodge
houses, guest rooms or cottages, but shall not include any other uses as defined herein.
Restaurant see Eating Establishment.
Retail Store means a building or part of a building in which goods, wares, merchandise,
substance, articles or things are offered or kept for sale at retail, but does not include any
establishment otherwise defined herein or specifically named elsewhere in this By-law.
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Riding Stable means an establishment where horses are boarded and where, for a fee, horses
are hired out for riding to the general public.
Room, Habitable means a room which:
i)
is located within a dwelling unit:
ii) is designed for living, sleeping or eating or for sanitary purposes;
iii) can be used at all times throughout the year; and
iv) is not located within a cellar.
Room, Non-Habitable means any room located within a dwelling unit that is not a habitable
room, including, but no so as to limit the generality of the foregoing, a laundry room, a pantry,
a lobby, a stairway, a closet, a verandah, a recreation room, a porch, a balcony, a private garage,
an unfinished attic, a cellar, a boiler room and any space used for the service and maintenance
of such dwelling or for vertical travel between storeys.
Salvage Yard means a lot and/or premises for the storage and/or handling and/or sale of scrap
or used materials, which without limiting the generality of the foregoing, shall include waste
paper, rags, wood, bottles, bicycles, vehicles, tires, metal and/or other scrap material and
salvage includes a junk yard, scrap metal yard, including ancillary automotive sales and service
establishment and premises.
Sawmill means a building, structure or area where timber is cut or stored, either to finished
lumber or as an intermediary step.
School means a school under the jurisdiction of a Public, Separate or High School Board, a
college or a university or any other school established and maintained either wholly or partially
at public or private expense whether or not the same is also a boarding school, and includes
any dormitory building accessory to a school.
Sensitive Land Use means buildings, amenity areas, or outdoor spaces where routine or normal
activities occurring at reasonably expected times would experience one or more adverse
effect(s) from contaminant discharges generated by a nearby major facility. Sensitive land uses
may be a part of the natural or built environment. Examples may include, but are not limited to:
dwellings, daycare centres, and educational and health facilities.
Separation Distance means the horizontal distance between buildings or structures or physical
features measured from the closest point on the exterior wall of such buildings or structures or
such physical features.
Septage means untreated sanitary waste from a septic tank, privy or holding tank.
Service Shop, General means a building or part of a building used for the servicing or repairing
of articles, goods or materials, and in which no product is manufactured and includes radio,
television and appliance repair shops, a laundromat, and a carpet cleaning business but does
not include any automotive uses as defined by this By-law.
Service Shop, Personal means a building or part thereof in which services are provided and
administered to the individual and personal needs of persons, and without limiting the
generality of the foregoing, includes barber shops, hairdressing establishments and workrooms
for shoe repair and shoe shining shops, tailor shops, bakery shops and photographic studios.
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Sewage Disposal System, Private means a private sanitary disposal permitted under the
Ontario Building Code or other Provincial standards and approved by permit from the
Township or applicable agency.
Shipping Container means a container with strength suitable to withstand shipment, storage,
and handling. Shipping containers include large reusable steel boxes used for intermodal
shipments. This definition also includes sea cans.
Shopping Plaza means a group of commercial and service establishments or uses, related in
size and type, primarily to the day to day needs of a residential area and designed, developed
and managed as a unit, whether by a single owner, a group of owners or tenants in
collaboration. Access to individual functions generally may be from an open mall area.
Shoreline Activity Area means the area along the shoreline on privately owned land in which
shoreline structures are permitted. The shoreline activity area shall be that area between the
high water mark and the required water setback.
Shoreline Storage Shed means a storage shed located within the shoreline activity area used to
store yard maintenance equipment, paddles, life jackets, water skis/wakeboards, boat
coverings, and similar aquatic accessories, but shall not include a boathouse or be used for
human habitation. The floor area of a shoreline storage shed shall not exceed 10 square metres.
Shoreline Structure means those detached accessory structures that are located in the shoreline
activity area and includes pump houses, gazebos, decks, shoreline storage shed, and similar
buildings and structures, but does not include parking areas, private waste disposal systems,
structures that require a pressurized water system (Pool, Steam Bath, hot tub), and power lines.
A dock or boat launching facility are not considered shoreline structures.
Souvenir Sales Establishment means a retail establishment in which souvenirs are offered or
kept for retail sale.
Special Needs Housing means any housing, including dedicated facilities, in whole or in part,
that is used by people who have specific needs beyond economic needs, including but not
limited to, needs such as mobility requirements or support functions required for daily living.
Special needs housing includes communal housing and housing for seniors. Examples of
special needs housing may include, but are not limited to:
a) Long-Term Care Facility means premises used to provide living accommodation and
regular nursing care for persons of any age and which has personal and medical care
facilities, common lounges and dining areas;
b) Residential Care Home means supervised living accommodation that may include
associated support services, and:
-
Is licensed or funded under Province of Ontario or Government of Canada
legislation;
-
Is for persons requiring semi-independent or supervised group living
arrangements; and,
-
Is for more than ten persons, exclusive of staff;
c)
Group Home means supervised living accommodation that may include associated
support services, and:
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-
Is licensed or funded under Province of Ontario or Government of Canada
legislation; - Is for persons requiring semi-independent or supervised group
living arrangements; and,
-
Is for ten persons or less, exclusive of staff;
d) Respite Care Facility means premises used for the provision of short-term, non-
emergency services for the supervised care of people of any age, in order to provide
relief to their caregivers. A respite care facility may include the provision of services, such
as:
-
Preventive medicine;
-
Counselling;
-
Social, recreational or educational programs; and/ or,
-
Day or overnight care;
e) Emergency Housing Facility means premises used for the provision of short-term,
emergency services for the supervised care of people of any age. An Emergency
Housing Facility may include the provision of services, such as:
-
Preventive medicine;
-
Counselling; and/or,
-
Day or overnight care; and,
f)
Community
House
means
a
premises
providing
semi-independent
living
accommodation for residents primarily in bed-sitting rooms, if there is:
-
A maximum of two persons for each bed-sitting room;
-
Accommodation for one staff person per five bedsitting rooms; and,
-
A common lounge and dining area.
Staff Dormitory see Dwelling, Staff Dormitory.
Storage Building means a building used for the storage of goods, merchandise or equipment.
Street means a public highway or public road under the jurisdiction of either the Corporation,
the County of Renfrew or the Province of Ontario, and includes any highway as defined in the
Municipal Act (R.S.O. 1980), Chapter 302, as amended but does not include a lane, a driveway
or a private road.
Street Allowance means land held under public ownership for the purpose of providing a
street.
Street Improved means a public road which has been constructed in such a manner so as to
permit its use by normal vehicular traffic on a year-round basis.
Street Line means the limit of the road or street allowance and is the dividing line between a lot
and a street.
Structure means anything constructed or erected, the use of which requires location on or in the
ground or attached to something having location on or in the ground. A retaining wall that
requires a permit under the Ontario Building Code is considered to be a structure. Landscaping
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features including patios and retaining walls that do not require a building permit are not
considered structures.
Tailings and Slag Piles means waste material or residue resulting from the reduction of metals
from their ores.
Tavern or Public House means a tavern or public house as defined in the Liquor Licence Act,
but does not include a hotel or eating establishment.
Top of Bank means a line delineated at a point where the oblique plane of the slope meets the
horizontal plane. Crest of slope shall have a corresponding meaning.
Township means the Corporation of the Township of Whitewater Region, or land included
within the Township of Whitewater Region as appropriate.
Tourist Establishment means a commercial building, structure or area of land designed for the
accommodation of travelling or vacationing public.
Trailer means any vehicle so constructed as to be suitable for attachment to a motor vehicle for
the purpose of being drawn or propelled by the motor vehicle, except a mobile home or farm
implement.
Trailer, Tent or Travel see Recreational Vehicle.
Trailer Park see Recreational Vehicle Campground.
Transmitter Tower means a structure that transmits electromagnetic waves.
Truck Terminal means a building, structure or place where trucks or transports are rented,
leased, kept for hire, or stand or park for remuneration, or from which trucks or transports, stored
or parked on the property are dispatched for hire as common carriers or which is a bonded
warehouse.
Use means the purpose for which a lot, building, structure, or any combination thereof, is
designed, arranged, intended, occupied, utilized, or maintained, and "used" shall have a
corresponding meaning.
Veterinary Office/Clinic means a facility where animal care or treatment is provided by one or
more veterinarians and may include the temporary indoor housing of animals so cared for or
treated.
Warehouse means a building or part of a building used primarily for the operation of general
merchandise warehousing, cold storage and other storage facilities and also includes a centre
for the distribution of wholesale goods and commodities for resale to retailers; to industrial,
commercial, institutional, or professional users; to the wholesalers.
Waste Disposal Site means (as defined by the Environmental Protection Act, R.S.O. 1990, c.
E.19):
a)
any land upon, into, in or through which, or building or structure in which, waste is
deposited, disposed of, handled, stored, transferred, treated or processed, and
b)
any operation carried out or machinery or equipment used in connection with the
depositing, disposal, handling, storage, transfer, treatment or processing referred to in clause
(a).
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Waterbody, Navigable means 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.
Watershed Management and Flood and Erosion Control Facilities means works built
specifically for the management of water and associated erosion control within a defined
watershed or subwatershed.
Wildlife and Fisheries Management Uses means the management of wildlife and fish habitats
and populations for the purpose of sustaining and improving the quality and quantity of wildlife
and fish.
Yard means an open space on the same lot with a building or structure or excavation,
unoccupied and unobstructed except as for such accessory buildings, structures or uses
specifically permitted in this By-law.
a) Yard, Front means a yard extending across the full width of a lot between the front lot
line and the nearest point of any principal building or excavation on the lot.
b) Yard Depth, Front means the shortest horizontal distance between the front lot line of
the lot and the nearest part of any building, structure or excavation on the lot.
c)
Yard, Rear means a yard extending across the full width of a lot between the rear lot line
and the nearest wall of the principal building or structure on the lot;
d) Yard Depth, Rear means the shortest horizontal distance between the rear lot line of the
lot and the nearest part of any building, structure or excavation on the lot.
e) Yard, Side means a yard between the side wall of the principal building or structure on
the lot and the side lot line and extending from the front yard (or front lot line if no front
yard is required) to the rear yard (or rear lot line if no rear yard is required).
f)
Yard, Exterior Side means a side yard adjacent to an exterior side lot line.
g) Yard, Interior Side means a side yard adjacent to an interior side lot line.
h) Yard, Required means a yard with the minimum front yard depth, rear yard depth or side
yard width required by the provisions of this By-law. A required side yard shall extend
from the required front yard to the required rear yard.
Zone means an area delineated on a Zoning Map Schedule and established by this By-law for a
specific use or group of uses.
Zoning Administrator means the officer or employee of the Corporation charged with the duty
of enforcing the provisions of this By-law.
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3
GENERAL PROVISIONS
The provisions of this Section shall apply to all Zones contained in the By-law except as otherwise
indicated. These provisions shall be in addition, where applicable, to the specific provisions
included in this By-law for each Zone category.
3.1
ACCESSORY USES, BUILDINGS AND STRUCTURES
Accessory uses, buildings and structures shall be permitted in any zone provided that:
a) No accessory use, building or structure shall be built on a lot until the principal or main
use has been built or is under construction.
b) No accessory building or structure shall be used for human habitation except where a
dwelling is a permitted accessory use.
c) The accessory building or structure shall not be located within any front yard or within
any exterior side yard except for those permitted shoreline structures and in accordance
with specific exterior side yard requirements established by this By-law.
i)
in the case of waterfront lot, the minimum read yard depth shall be 4.5 metres.
d) No accessory building or structure or use shall be located closer than one point two (1.2)
metre to any rear or interior side lot line except:
i)
that common semi-detached garages may be centred on the mutual side lot line;
ii) that boat houses and boat docks may be built to the lot line where such line
corresponds to the high water mark, subject to Section 3.33 of this By-law; and
iii) that prescribed uses and structures may be permitted in accordance with the
provisions of the By-law for Encroachments on minimum yards.
e) Accessory buildings and structures shall not exceed five (5.0) metres in height in any
Residential or Commercial Zone or 7.5 metres in any Industrial Zone.
f) The coverage of the lot by accessory buildings and structures shall not exceed ten (10.0)
percent of the total lot area, but a private garage, carport or swimming pool shall be
excluded from this calculation.
g) No accessory building or structure be built within two (2.0) metres of the principal
building, unless the accessory building is constructed of incombustible materials.
h) Buildings and structures shall not be considered accessory if attached to the principal
building.
i)
Accessory buildings and structures shall not be constructed on lands subject to slope
failure or flooding, with the exception of docks, boat houses, and those shoreline
buildings and structures that are otherwise specifically permitted in this By-law.
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j)
Where an accessory structure is a satellite dish or similar telecommunication device, or
solar panels, and is located in any Residential Zone, such structure shall be located in the
rear yard or on the roof of the principal building on the lot.
k) Permitted shoreline accessory buildings and structures shall be subject to the provisions
of Section 3.32 of this By-law.
l)
A shipping container/storage trailer may be used as an accessory building in the Rural
(RU), Agriculture (A), a Commercial Zone, or an Industrial Zone provided that:
i.
A shipping container/storage trailer shall not be located within 20 metres of a
front lot line;
ii.
Where a shipping container/storage trailer cannot be located 20 metres from a
front lot line, the shipping container/storage trailer must be located in a rear yard
and be a minimum of 3.0 metres to any side or rear lot line;
iii.
Shipping containers/storage trailers shall be visually screened from any street or
from any adjacent lot where such adjacent lot is in a zone other than an Industrial
Zone; and
iv.
Visual screening may include vegetative material, a berm, fencing, or other
opaque barrier, and shall be a minimum height of 2.0 metres;
v.
the shipping container/storage trailer shall not be used for the display of
advertising;
vi.
a building permit is required for a shipping container/storage trailer above 15
square metres; and
vii.
notwithstanding the above, a shipping container/storage trailer may be used as
a Temporary Construction Use in accordance with the provisions of this By-law.
3.1.1
Attached Garage Side Yard
In any Residential Zone where a private garage is attached to a single detached dwelling, the
following minimum yard requirements shall apply:
i)
On the side where the garage is located, the minimum side yard shall be one (1.0) metre.
ii) On the other side, the minimum side yard shall be the lesser distance required
elsewhere in this By-law.
3.1.2
Additional Residential Units
a) A maximum of two (2) Additional Residential Units (one (1) attached and one (1)
detached) may be permitted in association with a single detached dwelling, semi-
detached dwelling, or townhouse dwelling accordance with the regulations specified by
the Zone category in which the Additional Residential Unit is permitted.
b) Additional Residential Unit (Attached)
i)
A maximum of one Additional Residential Unit (attached) shall be permitted
within the same building as a single detached dwelling or semi-detached
dwelling, with or without an Additional Residential Unit (detached);
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ii) The Additional Residential Unit (attached) shall be built in accordance with all
relevant regulations within both the Building Code and Fire Code;
iii) The principal dwelling and the Additional Residential Unit (attached) shall be
connected to full municipal sanitary sewer and water services;
iv) The gross floor area of the Additional Residential Unit (attached) shall be limited
to a maximum of 70 percent of the gross floor area of the principal dwelling unit,
measured prior to the development of the Additional Residential Unit (attached);
and,
v) A maximum of one pedestrian entrance to the principal dwelling and/or the
Additional Residential Unit (attached) shall be located on each public street
façade.
c) Additional Residential Units (Detached)
i)
The Additional Residential Unit (detached) shall only be permitted on the same
lot as a single detached dwelling, duplex, or semi-detached dwelling, with or
without one Additional Residential Unit (attached);
ii) The Additional Residential Unit (detached) shall not be severed from the lot
containing the single detached dwelling, or semi-detached dwelling;
iii) The Additional Residential Unit (detached) shall be built in accordance with all
relevant regulations of both the Building Code and Fire Code;
iv) The principal dwelling and the Additional Residential Unit (detached) shall be
connected to full municipal sanitary sewer and water services;
v) The additional Residential Unit (detached) shall be placed upon a permanent
footing/foundation;
vi) Tenants of an Additional Residential Unit (detached) must not be required to
access the unit through the principal dwelling unit. As such, an Additional
Residential Unit (detached) must have direct pedestrian access from a public
street or laneway. A direct pedestrian access may be by an unobstructed walkway
that is built in accordance with the requirements of the Accessibility for Ontarians
with Disabilities Act; and
vii) The Additional Residential Unit must be accessed via an existing residential
vehicular entrance.
d) Notwithstanding Section 3.1.2 b) and c) to the contrary, an attached or detached
Additional Residential Unit may be serviced with private individual septic and well within
the A, RU and WV Zones, subject to the following provisions:
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i)
The property is not a waterfront property
ii) The property on which the principal unit and Additional Residential Unit are
located must be a minimum of 0.8 hectares. For properties with a lot area of 2 ha
or less, the Additional Residential Unit is required to share the same water and/or
septic services as the primary dwelling.
iii) The Additional Residential Unit (detached) shall not be severed from the lot
containing the single detached dwelling, or semi-detached dwelling;
iv) The Additional Residential Unit must be accessed via an existing residential
vehicular entrance;
v) The Additional Residential Unit (detached) shall be built in accordance with all
relevant regulations of both the Building Code and Fire Code;
vi) The Additional Residential Unit (detached) must be located within 75 metres of
the principal dwelling unit;
vii) The Additional Residential Unit shall not be located within a floodplain or
adjacent to a lake that is "at capacity" or "near capacity".
viii) MDS I shall apply to any new accessory dwelling unit to be located within an
accessory building or structure; and
ix) The Township shall be satisfied that adequate water and sewage services can be
provided and/or is available.
3.2
CANNABIS PRODUCTION FACILITY
A Cannabis Production Facility, as defined herein, shall only be permitted within the Agriculture
(A), Rural (RU), or General Industrial (GM) Zone. Notwithstanding any other provision of this By-
law, any Cannabis Production Facility shall be subject to the following provisions:
a)
No lands, building or structure or portion thereof used for a Cannabis Production Facility
that is equipped with air treatment may be located closer than 70 metres to any
Residential Zone (R1, R2, and R3), Limited Service Residential (LSR), Waterfront Vicinity
(WV) Zone, or Community Facility (CF) Zone.
b) No lands, building or structure or portion thereof used for a Cannabis Production Facility
that is equipped with air treatment control may be located closer than 150 metres to any
dwelling on a separate lot or other sensitive land use.
c)
No lands, building or structure or portion thereof used for a Cannabis Production Facility
that is not equipped with air treatment control may be located closer than 300 metres to
any dwelling on a separate lot or other sensitive land use.
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d) A building or structure used for security purposes for a Cannabis Production Facility may
be located in the required front yard.
e)
Outdoor storage is prohibited on the property in which the Cannabis Production Facility
is located.
f)
A Cannabis Production Facility shall only be permitted within the zones as explicitly
indicated in this Zoning By-law.
g) All development in relation to the establishment of or expansion of a Cannabis
Production Facility shall be subject to Site Plan Control.
3.3
CONSTRUCTION USES
The following temporary structures shall be permitted as storage in all Zones for on-going
construction work, but only for as long as such structure is necessary, a building permit has been
submitted, and such construction work has not been finished nor abandoned:
a)
Construction trailers, sea/shipping containers and tool sheds; and,
b) Scaffolds or other temporary structures incidental to and necessary to support the
construction activity.
3.4
EASEMENT
Notwithstanding any other provision of this By-law to the contrary, no part of any easement in
favour of the Township or public utility shall be obstructed by any structure, or building, from
the ground to the sky unless written approval has been obtained by the applicable authority.
3.5
ENCROACHMENTS ON REQUIRED MINIMUM YARDS
Every part of any minimum required yard shall be open and unobstructed from the ground to
the sky by any structure other than an accessory building permitted elsewhere in this By-law
provided, however, that those structures and items listed in the following table shall be
permitted to project into the minimum required yards indicated, for the distances specified:
Structure
Yards in
Which Encroachment is
Permitted
Maximum Projection
Permitted into
Minimum Required Yard
Sills, belt courses, eaves,
gutters, chimneys, bay
windows, solar collectors, heat
pumps, ventilators, shutters,
cornices, parapets, pilasters or
other ornamental structures.
All
0.50 metres
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Fire escapes exterior staircases
Side and Rear only
1.5 metres
Balconies, steps, open roofed
porches, sundecks, attached
solarium
Front and Rear only
2 metres
Uncovered paved patios
All
2.5 metres front yard; other
yards unlimited
Railway Spur
All
Unlimited
Gate House
in any Industrial Zone
Front and Side only
Unlimited
Fences, Hedges, Shrubs, Trees,
Freestanding Walls, Flagpoles,
Light Standards, Garden,
Trellises, Clothes Poles and
similar structures and
appurtenances
All
Unlimited
3.6
EXCEPTIONS TO HEIGHT LIMITATIONS
The height limitations of this By-law shall not apply to chimneys, church spires, public buildings,
water tanks, elevator enclosures, flag poles, television or radio antennae, electrical transmission
facilities, ventilators and skylights.
3.7
FENCES
Fence regulations will be included in a separate By-law adopted under the Municipal Act, and
all fences will be subject to the regulations contained therein, and are not subject to this By-law.
3.8
FRONTAGE ON A PUBLIC ROAD
No person shall erect or use any building or structure on a lot in any zone unless the lot fronts
on and has direct access to an improved street being a Provincial Highway, County Road, or
Township Road.
Exceptions:
a)
Limited Service Residential (LSR) and Waterfront Vicinity (WV) Zones
Notwithstanding the requirements of paragraph 3.10.1, a dwelling may be
erected or used for residential purposes on a lot in a Limited Service Residential
(LSR) Zone or Waterfront Vicinity (WV) Zone provided such lot fronts along a
private road. An existing dwelling may be enlarged or altered, provided the
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enlargement or alteration complies will all other provisions of this By-law.
Structures accessory to an existing dwelling may also be erected, enlarged or
altered, in compliance with all other provisions of the By-law.
b)
Hunting and Fishing Camp
A hunting and fishing camp, as defined by this By-law, shall not be required to
meet the requirements of paragraph 3.10.1.
c)
Resource Land Uses
Notwithstanding the provisions of paragraph 3.10.1 of this subsection, a building
or structure accessory to a permitted forestry, farm or mineral exploration use
may be erected or used on a lot that has frontage on a seasonally maintained
street; this provision shall not be construed so as to permit any type of dwelling.
d)
Recreational Vehicles
Notwithstanding the provisions of paragraph 3.10.1 of this subsection, a
recreation vehicle and accessory buildings or structures, in accordance with
Section 3.31, can be located on a lot provided that such lot has frontage on a
private road.
3.9
HOME-BASED BUSINESSES
3.9.1
Home Industries
A home industry shall only be permitted in a Rural (RU) Zone and an Agriculture (A) Zone
provided the following provisions are complied with:
a) Not more than ten percent (10%) or ten (10) square metres of the dwelling unit area,
whichever is the lesser, shall be used for the purpose of a home industry.
b) Accessory buildings may be erected, altered or used for the purpose of a home industry
provided that not more than one hundred (100) square metres of the gross floor area of
all accessory buildings shall be used for the purpose of a home industry.
c) Such home industry shall be clearly secondary or incidental to the main residential or
agricultural use and shall be predominantly operated by an inhabitant(s) thereof.
d) A home industry shall not include a kennel.
e) Open storage associated with a home industry shall not be permitted.
3.9.2
Home Occupations
A home occupation shall be permitted in any Zone provided such home occupation
conforms to the following provisions:
a) The use shall be conducted entirely within the dwelling unit and carried on only by
person(s) residing in the dwelling unit.
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b) There shall be no external display or advertising other than a non-illuminated sign not
more than three-tenths (0.3) of a square metre in area, to indicate to persons outside
that any part of the dwelling unit or lot is being used for a purpose other than residential.
c) Not more than twenty-five percent (25%) of the dwelling unit area shall be used for the
purpose of home occupation uses.
d) Such home occupation shall be clearly secondary to the main residential use and there
shall be no change to the outside appearance of the dwelling unit or premises or any
visible evidence of the conduct of a home occupation, except for the provisions outlined
in 3.1.4 b).
e) There shall be no storage of equipment, vehicles, or supplies associated with the home
occupation outside the dwelling.
f) The use shall not require additional off-street parking spaces for clients or customers of
the home occupation.
g) There shall be no manufacturing, fabricating or assembly process taking place on the
premises.
h) No equipment or process shall be used in a home occupation which creates excessive
noise, vibration, glare, fumes, or odour detrimental to the health, safety, and general
welfare of persons residing in the neighbourhood.
3.10 HUNTING AND FISHING CAMPS
A hunting and/or fishing camp may be established within the WV, A or RU Zone, subject to the
following provisions:
a) The gross floor area of the hunting or fishing camp structure shall not exceed 100 square
metres.
b) The minimum lot area shall be 10 hectares (25 acres).
c) Shall only be serviced by a Class I or Class II sewage disposal system, as established in
the Ontario Building Code, 2012.
3.11 KENNELS
Kennels shall only be permitted in the Rural (RU) and Agricultural (A) Zone as an On-Farm
Diversified Use, in accordance with the following provisions:
a) separated from a Residential zone or any dwelling on another lot by a minimum of:
-
100 metres
b) No kennel shall be erected within 60 metres of the lot line of adjacent lands held in
separate and distinct ownership.
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c) Enclosed exercise areas or runs shall be provided.
d) Where a kennel existed as of the date of passing of this By-law which does not comply
with the foregoing setback or yard requirements, such kennel shall not be extended,
enlarged, reconstructed, or altered if the effect of such extension, enlargement,
reconstruction or alteration thereof is to further reduce or encroach on the setback, yard
or yards that is or are less than required.
3.12 LOTS WITH LESS LOT AREA AND/OR LOT FRONTAGE THAN
REQUIRED
Where a conveyable lot existing on the date of passing of this By-law had less than the minimum
lot area and/or lot frontage than that required by this By-law, or where a lot was or is created as
a result of an expropriation, or conveyance to the municipality or other applicable road
authority, such lot may be used and a building or structure may be altered, erected or used on
such lot provided that:
a) the use, building or structure is permitted in the Zone and all other requirements of this
By-law are met; and
b) the water supply and sewage disposal systems meet provincial requirements, and
written approvals are obtained from the applicable permit granting authority.
3.13 LOTS WITH MORE THAN ONE ZONE
Where a lot is included within two or more Zones, each portion of the lot shall be used in
accordance with the provisions of the applicable Zone.
3.14 MOBILE HOMES
Mobile homes shall be prohibited in all zones except a Mobile Home Park (MHP) Zone or an
Agriculture (A) Zone where a second dwelling unit which is accessory to the farm operation may
be a mobile home.
3.15 MODEL HOMES
Notwithstanding the provisions of this By-law, model home, temporary sales office use and
associated parking are permitted in any Zone, provided said uses are located on lands within a
draft approved or registered plan of subdivision and have been approved by way of an
agreement with the Township. The number of model homes to be permitted shall be identified
in the agreement.
3.16 NON-COMPLYING BUILDINGS OR STRUCTURES
All buildings or structures erected in any Zone prior to the date of passing of this By-law that no
longer comply with the provisions of the Zone within which it is located shall be deemed to be
legal non-complying to the provisions of the applicable Zone in which it is located, provided
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that said building or structure was constructed legally in accordance with the applicable
requirements in force and effect at the time of construction.
Nothing in this By-law shall:
a)
Prevent the reconstruction, repair or restoration of any existing, non-complying building
or structure, or part thereof, to a safe condition provided that such repair or restoration
does not increase the height, area or density of such building or structure and that the
building or structure continues to be used for the same purpose and in the same manner
as it was used on the date of passing of this By-law.
b) Prevent the extension or an addition to a building or structure which is non-complying
to this By-law provided that such extension or addition does not:
i)
contravene any provision of this By-law or
ii) further the non-complying provision.
3.17 NON-CONFORMING USES
a) A non-conforming use means that the lot and/or the buildings and structures on the lot
are being used for a use that is not permitted by this By-law. Nothing in this By-law shall:
i)
Make legal any use of any land, building or structure which was illegal under any
previous Zoning By-laws applicable within the Township of Whitewater Region
and which continues to be illegal under the provisions of this By-law;
ii) Prevent the use of any land, building or structure for any purpose prohibited by
this By-law if such land, building or structure was legally used for such purpose
on the day of the passing of this By-law, so long as it continues to be used for that
purpose;
iii) Prevent a non-conforming building or structure from being reconstructed or
restored and strengthened to a safe condition;
iv) to prevent the erection or use for a purpose prohibited by the by-law of any
building or structure for which a permit has been issued under subsection 8 (1)
of the Building Code Act, 1992, prior to the day of the passing of the by-law, so
long as the building or structure when erected is used and continues to be used
for the purpose for which it was erected and provided the permit has not been
revoked under subsection 8 (10) of that Act. R.S.O. 1990, c. P.13, s. 34 (9); 2009,
c. 33, Sched. 21, s. 10 (1).
v) Prevent the height of a non-conforming building or structure from being
increased for the sole purposes of floodproofing.
b) Any non-conforming use of land, of a building or of a structure which is discontinued
shall not be resumed nor shall such non-conforming use be changed to any other non-
conforming use.
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c) When considering enlargements or extensions, construction standards and techniques
that will minimize the degradation of ground or surface water quality, shall be required,
as appropriate.
3.18 NON-COMPLIANCE RESULTING FROM CONVEYANCE OR
EXPROPRIATIONS
Notwithstanding any other provision of this By-law, to the contrary, any non-compliance that is
created as result of a conveyance to and/or an expropriation by a public authority is deemed
for the purposes of this By-law to be compliant with all applicable provisions of this By-law.
Furthermore, any and all existing buildings and structures situated on a lot affected by such a
conveyance and/or expropriation may be enlarged, reconstructed, repaired, renovated or
replaced provided that the enlargement, reconstruction, repair, renovation or replacement of
the existing buildings or structures complies with all other applicable requirements of this By-
law.
3.19 NOXIOUS USES
No use shall be permitted which, from its nature or the materials used therein, is declared to be
a noxious trade, business or manufacture under the Health Protection and Promotion Act and
Regulations thereunder, and The Environmental Protection Act and Regulations thereunder.
Noxious uses do not include normal farm operations or practices using commercial fertilizers
and manure, the spraying of crops with herbicides, insecticides, and pesticides, or the use of
heavy machinery for farm purposes.
3.20 OCCUPANCY OF INCOMPLETE BUILDINGS
No dwelling shall be occupied before the kitchen, heating and sanitary conveniences have been
installed and rendered usable and the outside weatherproofed.
3.21 OCCUPANCY OF VEHICLES
No truck, bus, coach, or vehicle shall be used as a principal residence for permanent human
habitation within the Municipality whether or not the same is mounted on wheels.
3.22 ON-FARM DIVERSIFIED USES
On-farm Diversified Uses (OFDUs) may be located on a farm parcel that is zoned Agricultural
(A) or Rural (RU) and is used for agricultural production.
a) Relationship to Principal Use
The On-farm Diversified Use shall be secondary to the principal agricultural use of the
property. The use shall be limited spatially and temporally and shall not interfere with
surrounding agricultural operations.
b) Calculating Acceptable Area Limits
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i)
Lot coverage ratio shall be based on the total area occupied by the On-farm
Diversified Use relative to the individual farm parcel on which the use is located.
ii) Up to 2% of the farm parcel on which the use is proposed to be located, to a
maximum of 1 hectare may be permitted to be utilized for an On-farm Diversified
Use.
iii) The area of existing, repurposed agricultural buildings will be calculated at 50%,
when determining overall area of the proposed On-farm Diversified Use.
iv) The area of new buildings to be constructed, outdoor storage, septic systems,
landscaped areas, berms, laneways and parking will be calculated at 100%.
v) The use of existing laneways and parking areas shared with agricultural uses are
not included in area calculations.
vi) The gross floor area of buildings used for the On-farm Diversified Use shall not
exceed 30% of the total area set aside for the On-farm Diversified Use.
vii) If more than one On-farm Diversified Use is located on a farm parcel, the
combined area of all On-farm Diversified Uses should be 2% of the farm parcel
up to 1 hectare.
d) Emergency Access
Emergency Access shall be provided by means of a driveway at least 6.0 metres (19.69
ft.) in width contained on the farm parcel on which the On-farm Diversified Use is located
and leading to an improved public street as defined herein.
e) Servicing
The farm operator shall demonstrate to the satisfaction of the Township and/or the
applicable permit-granting authority that there is an adequate supply of potable water
available on site for the On-Farm Diversified Use, and all relevant sewage disposal
requirements under the Ontario Building Code can be complied with, or satisfactory
alternate arrangements can be made.
3.23 OPEN STORAGE
Except as otherwise specifically provided in this By-law, no open storage shall be permitted in
any zone except in accordance with the following provisions:
a) Open storage shall be accessory to a permitted or existing non-residential use, on the
same lot.
b) No open storage shall be permitted in any required minimum front yard or required
exterior side yard, except in the case of an agricultural use, or the outside display and sale
of goods and materials in conjunction with a permitted commercial use.
c) No open storage shall be permitted within any required minimum side or rear yard
where the side or rear lot lines abut any Residential or Community Facility Zone.
d) No open storage area shall be visible from any street or from any adjacent lot where such
adjacent lot is in a zone other than a Commercial or Industrial Zone. Wherever it is
necessary, visual screening such as plant materials, a buffer strip, berm, fencing or other
opaque barrier to a minimum height of 1.5 metres shall be used. Exceptions to this
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provision are for open storage accessory to an agricultural use or outdoor display used
in conjunction with a permitted commercial use.
e) A strip of landscaped open space with a minimum width of 3 metres shall be maintained
around all open storage areas.
f) Any open storage area shall be maintained as landscaped open space, or surfaced and
maintained with stable materials to prevent the raising of dust and particles, and
properly drained. However, this provision shall not apply where the main use is an
agricultural use.
g) No parking spaces or loading spaces required by this By-law shall be used for open
storage purposes.
3.24 OUTDOOR FURNACES
Outdoor Furnaces are permitted only in the General Industrial (GM), Mining Industrial (MM),
Extractive Industrial (EM), Extractive Industrial Reserve (EMR), Disposal Industrial (DM),
Agriculture (A), Rural (RU), and Community Facility (CF) Zones and shall meet the following
requirements:
a) be located a minimum of 50 metres from any lot line;
b) be located a minimum of 100 metres from an existing dwelling on a separate lot;
c) be located the minimum distance from any building on the property in accordance with
the manufacturer's specifications;
d) No more than one outdoor furnace shall be permitted on a lot, except where it serves a
permitted accessory dwelling or an agriculture building on lands used primarily for
agricultural purposes; and
e) Notwithstanding any other provision of this By-law to the contrary, any outdoor furnace
that existed as of May 21st, 2014 shall continue to be permitted, so long as it continues
to be used for that purpose.
f) The existing outdoor furnace may be repaired to a safe condition or replaced, and is
exempt from the provisions of Section 3.30 (a) to (d) inclusive, provided the height, size
or volume of the repaired or replaced outdoor furnace is not increased and it is located
on the same footprint. Any existing non-conforming outdoor furnace, when replaced
with a new outdoor furnace, shall be in compliance with all other applicable law.
3.25 OUTSIDE LIGHTING FACILITIES
Illuminated signs and exterior lighting installed on a lot to illuminate parking areas, driveways,
loading areas, storage areas, buildings or decorative building elements shall be so arranged as
to direct light away from abutting lots and adjacent residential uses.
3.26 OTTAWA RIVER FLOODPLAIN
Lands located within the Ottawa River Floodplain have been identified on Schedules "A"
through "F" to this By-law. This floodplain has been divided into two (2) zones - the flood fringe
and the floodway - that are subject to specific provisions outlines below.
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Within the Township, the extent of the floodway and flood fringe are identified with specific
elevation contours at various sections within the floodplain. A description of these floodplain
sections is also provided below.
Please consult the Flood Risk Maps with the Township where applicable.
3.26.1
Floodway
For those lands located within the Ottawa River Floodplain and situated below the floodway
elevations noted below, no buildings or structures with the exception of boat docking or
launching facilities, shall be permitted.
Floodway Elevations by Section of Ottawa River
a) Former Township of Ross - 87.85 metres Canadian Geodetic Datum (C.G.D.)
b) Northern Boundary of Former Township of Westmeath to the northern limit of Lot 11,
Concession W.F.E., former Township of Westmeath - 111.0 metres C.G.D.
c) Northern limit of Lot 11, Concession W.F.E., Township of Westmeath to the boundary of
the former Townships of Westmeath and Ross - see Phase II and Phase III Flood Risk
Maps.
3.26.2
Flood Fringe
For those lands located within the Ottawa River Floodplain and situated above the floodway
elevations noted in Section 3.26.1, no building permits shall be issued for new developments
including additions or enlargements, unless such development is floodproofed to the design
elevations noted below. Engineered drawings prepared and certified by a qualified Civil
Engineer must accompany an application for a building permit. All floodproofing methods shall
be consistent with accepted engineering techniques and resources management practices.
Flood Fringe Elevations by Section of Ottawa River
a) Former Township of Ross - 89.15 metres Canadian Geodetic Datum (C.G.D.)
b) Northern Boundary of the Former Township of Westmeath to the northern limit of Lot
11, Concession W.F.E., former Township of Westmeath - 112.5 metres C.G.D.
c) Northern limit of Lot 11, Concession W.F.E., Township of Westmeath to the boundary of
the former Townships of Westmeath and Ross - see Phase II and Phase III Flood Risk
Maps.
3.26.3
Lac Coulonge - (Hennessey's Bay and Malloy Bay)
For those lands fronting Hennessey's Bay and Malloy Bay as outlined on Maps 1 to 19 (excluding
Map 16) of the Phase III Flood Risk Maps, the flood fringe may be extended 0.5 metres below
the floodway boundary, which is outlined on the applicable Flood Risk Map. No building
permits shall be issued for new development within the flood fringe unless floodproofed to the
elevation of the regulatory floodline, as delineated on the applicable Flood Risk Map. An
elevation survey prepared by an Ontario Land Surveyor must accompany all applications for
building permits.
For development within the 0.5 metres below the floodway boundary, engineered drawings
prepared and certified by a qualified Civil Engineer must accompany an application for a
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building permit. Engineered fill shall be used for floodproofing up the elevation of the floodway
boundary. No new basements will be permitted.
3.27 PARKING AND LOADING SPACE REQUIREMENTS
3.27.1
Parking Requirements
a) Number of Spaces
In any Zone the owner of every building hereafter erected, enlarged or changed in use
after the passing of this By-law shall provide and maintain off-street parking space in
accordance with the following:
Type of Use
Minimum Parking Required
Residential Uses, unless otherwise
specified:
Single Detached, Semi-Detached,
Duplex, Triplex, Fourplex,
Townhome, Additional Unit
One (1) parking space per unit
Apartment
1.25 spaces per unit
Mobile Home Park
Two (2) parking spaces per mobile home site
Group Home
One (1) parking space per each 3 persons
licensed or approved capacity
Agricultural, Agriculture-Related,
and On-Farm Diversified Uses
Adequate off-street parking shall be provided.
Number of parking spaces shall be determined
based on the use. The general parking provisions
in this section can be used as a general guideline.
Township staff will assist in determining the
number of required spaces.
Bank or Trust Company
5.5 spaces per 100 square metres gross leasable
area
Bed and Breakfast
One (1) parking space per dwelling unit and one
(1) parking space for each room rented
Tavern, Public House
1 parking space per 4 persons design capacity
Place of Worship, Assembly Hall
The greater of 1 parking space per 10 square
metres of gross floor area or per every four fixed
seats or per every 2.5 metres of bench space
Place of Entertainment/recreation
facility including arena,
auditorium, recreation centre,
theatre, tennis club, stadium,
One (1) parking space per 6 seat capacity
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racquet club, cinema, fitness club,
fairgrounds
Hospital, Long-Term Care Facility,
Residential Care Home
One (1) parking space per each two (2) beds
Hotel
1 space per bedroom plus 10 spaces per 100
square metres of public use area
Industrial Establishment
One (1) parking space per 100 square metres of
gross floor area
Clinic
Six (6) spaces per practitioner
for the first 5 practitioners,
4 spaces per each practitioner after 5
Office (Business/Professional)
Three and a half (3.5) spaces per 100 square
metres of gross leasable area
Eating Establishment,
Drive-In/Fast Food
Twenty-five (25) spaces per 100 square metres of
gross leasable area
Eating Establishment, Full Service
Twenty (20) spaces per 100 square metres of gross
leasable area
Easting Establishment, Take Out
Seven (7) spaces per 100 square metres of gross
leasable area
Retail, General including
convenience store and personal
service establishment
Five (5) spaces per 100 sq. metres of gross
leasable area
School
The greater of:
One and a half (1.5) parking spaces per classroom,
or one (1) parking space per 3.0 square metres of
floor area in the gymnasium, or
One (1) parking area per 3.0 square metres of
floor area in the auditorium
Shopping Centre
Five (5) spaces per 100 sq. m of gross leasable
area
Shopping Plaza
Five (5) spaces per 100 square metres of gross
leasable area
Other Non-Residential Uses
One (1) parking space per 30 square metres of
gross floor area
b) Calculation of Spaces
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c) If the calculation of the required parking spaces results in a fraction, the required parking
spaces shall be next higher whole number.Location of Parking Areas
In a Residential Zone, the required parking shall be located on the same lot as the
dwelling unit. In all other areas, the parking area shall be located within one hundred and
fifty (150) metres of the location of the use it is intended to serve, and shall be situated
in the same zone; and shall be secured and retained for parking purposes for the duration
of the use.
d) Surface and Drainage
i) The parking area and approaches shall be surfaced with concrete, asphalt,
crushed stone, gravel or a combination thereof with a stable surface.
ii) Where more than four (4.0) parking spaces are required, the surface treatment
shall prevent the raising of dust or loose particles.'
iii) Provision for drainage facilities shall be made in compliance with the
requirements of the Municipality.
e) Access to Parking Spaces and Parking Areas
i) Every parking space shall be provided with unobstructed access to a street by a
driveway aisle or lane, except where such spaces are provided for the use of
occupants of a single detached or semi-detached dwelling.
ii) Access to parking areas for commercial or industrial uses shall not pass through
a Residential Zone.
iii) The minimum width of an aisle providing access to a parking space within a
parking area is 6.0 metres.
iv) Aisle widths may be reduced where parking is provided at a 60 degree angle to
the drive aisle.
f) Dimensions of Parking Spaces
Every required parking space shall have minimum rectangular dimensions of 2.7 metres
by 6.0 metres.
3.27.2
Loading Requirements
a) Uses Where Applicable
No person shall, in any Zone, erect or use any permitted building or structure for
manufacturing, storage, warehouse, department store, retail store, wholesale store,
market, freight or passenger terminal, hotel, hospital, mortuary, or other permitted uses
similarly involving the frequent shipping, loading or unloading of persons, animals or
goods, unless there is maintained in the same premises with every such structure or use,
off-street space for standing, loading and unloading.
b) Dimensions of Loading Spaces
Every required loading space shall have minimum rectangular dimensions of 3.5 metres
by 9.0 metres with a minimum height clearance of 4.0 metres.
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c) Minimum Number of Loading Spaces
This requirement does not apply for buildings and structures having less total floor area
than 300 square metres. For all other buildings, there shall be one loading space for
each 1,500 square metres of floor area or part thereof, above the 300 square metre
threshold.
d) Location
The loading space required shall be located in the interior side yard or rear yard unless
set back a minimum distance of 16 metres from the street line.
Required loading spaces shall be provided on the same lot occupied by the building or
structure which requires such loading spaces but shall not form part of any driveway.
e) Surfacing
The loading space and approaches shall be surfaced with concrete, asphalt, crushed
stone or gravel.
f) Existing Uses, Buildings and Structures
When an existing use, building or structure has insufficient loading spaces on the date
of passing of this By-law, it shall not be interpreted that the deficiency be rectified. If any
addition is made to the building or structure which increases the total floor area,
additional loading spaces shall be provided, as required, for the total floor area of such
addition.
3.28 PITS AND QUARRIES
The establishment of pits or quarries is prohibited within the area covered by this By-law, except
where existing pits and/or quarries are permitted in locations identified within the Extractive
Industrial (EM) Zone and in accordance with the provisions of the EM Zone.
Separation distances related to pits and quarries are discussed in Section 3.32.
3.29 PROHIBITED FORMS OF DWELLING UNITS
No truck, bus, coach, streetcar body, or railway car, or other motor vehicle whether or not the
same is mounted on wheels or other form of mounting or foundation, nor temporary structures
such as tents, recreational vehicles, shipping containers and school portables, shall be used as
a dwelling unit except for a mobile home or trailer where specifically permitted by this By-law.
3.30 PUBLIC USES OF LANDS
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, the County of
Renfrew, or by any local board thereof defined by the Municipal Affairs Act (R.S.O. 1980), any
telephone, gas, or telegraph company, any department or agent of the Government of Ontario
or Canada, including Ontario Hydro, provided that:
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a) With the exception of a public utility, the lot coverage, parking and loading, setback and
yard requirements prescribed for the zone in which such land, building or structure is
located shall be complied with;
b) No goods, material, or equipment shall be stored in the open in a Residential Zone; and
c) Any building erected in a Residential Zone under the authority of this paragraph shall be
designed and maintained in general harmony with residential buildings of the type
permitted in the zone.
3.31 RECREATIONAL VEHICLES
a) Temporary Residential Use
One (1) recreational vehicle can be located on any vacant lot in the Rural (RU), Limited
Service Residential (LSR), and Waterfront (WV) Zones and may be occupied provided it
meets all other applicable policies of this By-law and is licensed by the municipality. A
mobile home or park model trailer is not permitted under this provision of the By-law.
In the Agriculture (A) or Rural (RU) Zones, one (1) recreational vehicle may be permitted
as a second accessory dwelling to accommodate farm help provided it meets all other
applicable policies of this By-law and is licensed by the municipality.
b) Accessory Building or Structure
Structures such as sunrooms, decks and porches attached to any trailer shall not exceed
the ground floor area of the trailer.
Accessory buildings or structures such as a shed shall not exceed 15 square metres.
3.32 SEPARATION DISTANCES
a) Industrial Land Uses
i)
The minimum separation distance between a sensitive land use and industrial
uses shall be the following:
i.
Class I Industrial Facility
20 m
ii. Class II Industrial Facility
70 m
iii. Class III Industrial Facility
300 m
ii) Notwithstanding the above to the contrary, the minimum setbacks from the
industrial use may be reduced where mitigation at the industrial source is
possible. Such a reduction shall require an amendment to this By-law.
iii) No sensitive use shall be erected within sixty (60) metres of any Industrial Zone
unless specified in an Industrial Zone.
b) Gravel Pits, Quarries and Associated Extractive and Manufacturing Plants and Facilities
i)
The minimum setback distance between a sensitive land use and the licensed
boundary of an existing sand and gravel pit operating above the water table
shall be 150 metres.
ii) The minimum setback distance between a sensitive land use and the licensed
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boundary of an existing sand and gravel pit operating below the water table
shall be 300 metres.
iii) The minimum setback distance between a sensitive land use and the licensed
boundary of a quarry shall be 500 metres.
iv) The minimum setback distance between a sensitive land use and lands zoned
the Mineral Aggregate Reserve - Sand and Gravel (EMR-SG) shall be 300
metres.
v) The minimum setback distance between a sensitive land use and lands zoned
the Mineral Aggregate Reserve - Bedrock (EMR-B) shall be 500 metres.
vi) The minimum setback distance between a sensitive land use and a hauled
sewage disposal site shall be 200 metres, unless it is the owner's dwelling, in
which case the required separation distance shall be 60 metres.
vii) No land identified as a buffer strip in a license or permit under the Aggregate
Resources Act shall be used for any other purpose.
viii) No concrete or asphalt manufacturing plant or extractive industrial facility shall
be located within 50 metres of any high water mark.
ix) No asphalt manufacturing plant shall be located within 300 metres of a sensitive
land use. Notwithstanding the foregoing, where an operator possesses a valid
Certificate of Approval for a particular asphalt plant, the required separation
distance shall be as established by that Certificate.
x) No gravel pit shall be located within 300 metres of an existing dwelling or
building lot for a dwelling.
xi) No quarry shall be located within 500 metres of an existing dwelling or building
lot for a dwelling.
xii) No concrete manufacturing plant shall be located within 1000 metres of a
dwelling, school, an institution with a residential component or land restricted
to residential use in a by-law passed under Section 34 of the Planning Act.
c) Hauled Sewage Disposal Site
No disposal of hauled sewage shall be permitted unless the disposal site has been
approved by the Ministry of the Environment, Conservation and Parks, and no disposal
site shall be located within:
i)
200 metres of any dwelling on another lot;
ii) 750 metres of any subdivision or land zoned for residential development;
iii) 150 metres of any uncased well;
iv) 75 metres of any well with a casing depth of 6.0 metres or less;
v) 180 metres of any surface water;
vi) 60 metres of the right-of-way of any road;
vii) 60 metres of any land used for livestock pasturing.
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c) Waste Disposal Site
The minimum setback distance between a sensitive land use and a waste disposal site
shall be 500 metres.
d) Agriculture
All new agricultural and non-agricultural development must comply with the Minimum
Distance Separation I (MDS I) and II (MDS II) distances established through Provincial
guidelines, as amended from time to time.
No livestock facilities, manure storage area or farm use budling and structure shall be
located within:
i)
Thirty (30) metres from any lot line.
3.33 SETBACKS FROM ROADS, TRAILS, PIPELINE RIGHTS-OF-WAY,
AND WATERBODIES
No person shall erect any building or structure in any Zone unless such building or structure
conforms to the following setback requirements from road centrelines, pipeline rights-of-way,
or from high water marks.
a) Provincial Highway
Any development which is to occur adjacent to a Provincial highway shall be carried out
in accordance with the setback requirements, access and building permit controls of the
Ministry of Transportation. Any proposed access to the highway will be subject to the
prior approval of the Ministry of Transportation (MTO).
As per the Public Transportation and Highway Improvement Act, the Ministry of
Transportation controls all development within 45 metres of any limits of Kings Highway
and 180 metres of the centre point of an intersection and any access to the highway will
be subject to MTO approval.
No active use or construction will be permitted within the Proposed Location of
Highway 17, as indicated on the Schedule to this by-law. Any proposed development
in the vicinity of this area shall be carried out in accordance with the requirements of
the Ministry of Transportation.
b) County Road
Any development which is to occur adjacent to a County Road shall be carried out in
accordance with the setback requirements, access and building permit controls of the
County of Renfrew Public Works and Engineering Department. Any proposed access to
the road will be subject to the prior approval of the County of Renfrew.
c) Township Road Setback
The setback requirement shall be the minimum required Front Yard setback as defined
for such use in the Zone where it is located. Any proposed access to the road will be
subject to the prior approval of the Township of Whitewater Region.
d) TransCanada PipeLines Limited (TCPL) Setbacks
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Notwithstanding any other provisions of this By-law to the contrary, no building or
structure shall be permitted within 7 metres of the pipeline right-of-way. A minimum
setback of 7 metres from the nearest portion of a TCPL pipeline right-of-way shall also
apply to any parking area or loading area, including any parking spaces, loading spaces,
stacking spaces, bicycle parking spaces, and any associated aisle or driveway.
e) Algonquin Trail Setback
All structures should be located at least 7.5 metres from the limits of a County trail right-
of-way known as the Algonquin Trail.
f) Water Setback
A minimum water setback of thirty (30) metres from all buildings and structures, including
septic systems, to the high water mark of all waterbodies and watercourses shall be provided.
Accessory uses such as a boat dock, boat launching facilities and non-residential water
and beach recreational uses, buildings and structures shall not be required to meet the
water setback.
i)
Water Setback from Muskrat Lake
Lands within the setback from the high water mark of Muskrat Lake will be
retained in their natural state and revegetation of the shoreline activity area shall
occur where necessary. The shoreline activity area may be altered for water
access subject to the following provisions:
-
a maximum of a 25% of the shoreline activity area or up to 150
square meters may be affected for the purposes of providing
access.
-
the total area of all shoreline structures shall not exceed 5% of
the shoreline activity area or 22.5 square metres, whichever is
the lesser;
-
a maximum of 33% of the shoreline activity area or up to 200
square meters may be affected in commercial zones,
Community Facility (CF) Zones, and waterfront landings; and a
maximum of 50% of the shoreline frontage for marinas.
ii) Water Setback from Creek
A minimum water setback of 15 metres shall be applied to the high water mark
of a creek or watercourse that is considered to be non-navigable
g) Shoreline Activity Area
Notwithstanding Section 3.32 (f) above, a shoreline structure, such as a boat house,
pump house, storage shed, or accessory structures, shall be permitted within the
Shoreline Activity Area in accordance with the following provisions:
i)
No shoreline structure shall be used for commercial purposes or home based
occupation;
ii) No shoreline structure shall be used for habitation or contain a habitable room;
iii) No structure will be permitted with the provision of water or sewage services
(grey or blackwater)
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iv) Pools, hot tubs, or similar structures/equipment shall not be permitted
v) The construction of shoreline structures shall not destroy fish habitat nor
permanently alter the shoreline below the high water mark;
vi) The removal of natural vegetation should be limited to what is required to
accommodate the shoreline activities;
vii) Boathouses shall not be permitted on "at capacity" or "near capacity" lakes;
viii) Addition and/or removal of fill, site alteration and construction of shoreline
structures
shall
require
permits
and
approvals
of
the
appropriate
governmental/agency authorities having jurisdiction before any work proceeds;
ix) A shoreline Storage Shed shall not exceed 10 square metres in area;
x) No more than one shoreline Storage Shed shall be permitted per lot;
xi) The total area of all Shoreline Structures shall not exceed 35 square metres.
h) Provincially Significant Wetland Setback
A minimum setback of 120 metres from all buildings and structures, including septic systems
from the boundary of a Provincially Significant Wetland.
i)
Area of Natural and Scientific Interest Setback
A minimum setback of 120 metres from all buildings and structures, including septic systems
from the boundary of Areas of Life Science Natural and Scientific Interest.
A minimum setback of 50 metres from all buildings and structures, including septic systems
from the boundary of Areas of Earth Science Natural and Scientific Interest.
3.34 SIGHT TRIANGLES
a) At the intersection of any two streets, no building, or structure shall be erected, no
landscaping materials shall be allowed to grow, no land shall be graded and no vehicle
shall be parked above the height of .75 metres above the centreline grade of such streets,
so as to materially impede the vision of the operator of a vehicle on the street, within the
triangular area bounded by the lot lines to a distance of 6.0 metres from the points of
intersection of the corner lot lines, or of the projection of the corner lot lines.
b) At the intersection of a street and an active railway right-of-way at grade, the vision of the
operator of a motor vehicle shall be unimpeded, as described above, within twenty- three
(23.0) metres of the point of intersection of the lot lines.
3.35 SIGNS
Sign regulations maybe included in a separate By-law adopted under the Municipal Act, and all
signage maybe subject to the regulations contained therein.
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3.36 STANDARDS - CUMULATIVE
Unless permitted elsewhere in this By-law, where a lot contains more than one use, the lot area
requirements shall be the sum of the requirements for the separate uses thereof but the lot
frontage requirements shall be no less than the greater of the lot frontage requirements for each
individual use in the zone where such lot is located.
When a building, structure or lot accommodates more than one use, loading space requirement
and parking space requirement for each building, structure or lot shall be the sum of the
requirements for the separate uses thereof unless exempted elsewhere in this By- law.
3.37 SWIMMING POOLS
Swimming pool regulations will be included in a separate By-law adopted under the Municipal
Act, and all swimming pools will be subject to the regulations contained therein.
3.37.1
Location
Privately-owned, permanent swimming pools and accessory uses thereto, shall not be
erected within the Shoreline Activity Area or a required front yard in any Residential Zone
or Community Facility (CF) Zone and such uses shall not be erected closer than 1.5 metres
of an interior side lot line or rear lot line, or within 6.0 metres of an exterior side lot line.
3.37.2
Enclosure
No person shall fill a permanent pool with water or allow a permanent pool to be filled with
water until an enclosure is erected in accordance with Ontario Building Code requirements.
3.38 THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one street, the requirements for
front yards contained in the By-law shall apply to each yard abutting the street.
3.39 USES PERMITTED IN ALL ZONES
a) Nothing in this By-law shall prevent the use of any lot or the erection or use of any
building or structure in any Zone for the provision of the following uses, provided that
the use, building or structure complies with the general provisions of this By-law and the
provisions of the Zone in which a use, building or structure is located:
i)
Conservation Uses;
ii)
Public and Private Utilities; and,
iii)
Any sign or notice of the municipality or other government authority.
b) Nothing in this By-law shall prevent the use of any lot or the erection or use of any
building or structure in any Zone, , for the provision of the following uses, provided that
the use, building or structure complies with the general provisions of this By-law and the
provisions of the Zone in which a use, building or structure is located:
i)
Required vehicular, accessible and bicycle parking facilities, where
accessory to a permitted use on the same lot; and,
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ii)
Transportation infrastructure, including public streets, transit facilities, any
properly authorized traffic sign or signal, or a railway line.
c) Nothing in this By-law shall prevent the use of any lot or the erection or use of any
building or structure in any Zone, for the provision of the following uses, provided that
the use, building or structure complies with the general provisions of this By-law and the
provisions of the Zone in which a use, building or structure is located:
i)
Emergency Service Facilities, except that Emergency Service Facilities are
specifically prohibited within the Environmental Protection (EP) Zone and
Open Space (OS) Zone.
3.40 USES PROHIBITED IN ALL ZONES
Notwithstanding any other provision of this By-law, noxious and offensive uses, as defined by
this By-law, shall not be permitted in any Zone.
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4
ZONE CLASSIFICATIONS
4.1
ZONE CLASSIFICATIONS
For the purpose of this By-law, the following zones are established as shown on the Schedule(s)
(Zoning Maps).
ZONES
ZONE SYMBOL
Residential Zones
Residential One
R1
Residential Two
R2
Residential Three
R3
Limited Service Residential
LSR
Mobile Home Park
MHP
Commercial Zones
General Commercial
GC
Campground Commercial
CC
Tourism Commercial
TC
Mixed Use Commercial
MC
Industrial Zones
General Industrial
GM
Mining Industrial
MM
Extractive Industrial
EM
Extractive Industrial Reserve
EMR
Disposal Industrial
DM
Other Zones
Agriculture
A
Rural
RU
Community Facility
CF
Environmental Protection
EP
Open Space
OS
Waterfront Vicinity
WV
Future Development
FD
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4.2
EXCEPTION ZONES
Where a zone classification is followed by the numbered suffix "-Exception One", this denotes the
further classification as an Exception Zone. The corresponding zone symbol suffix is "-E1".
Additional Exception Zones within the same zone classification are numbered consecutively (i.e.
General-Commercial - Exception One (GC-E1), etc., or Residential One - Exception One (R1 - E1),
Residential One - Exception Two (R1 -E2) etc.
Exception Zone provisions are listed separately under the applicable zone classification
requirements sections in the text of this By-law. All provisions of this By-law will apply equally to the
respective Exception Zone classification, except as otherwise specified by the Exception Zone
provisions.
For the purpose of this By-law, Exception Zones are established as shown on the Schedule(s)
(Zoning Maps).
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5
REQUIREMENTS FOR RESIDENTIAL ONE
(R1) ZONES
5.1
PERMITTED USES
No person shall use land or erect or use a building or structure in a Residential One (R1) Zone
except for:
a) Residential Uses
-
single detached dwelling
-
duplex dwelling on municipal water and sewer, in accordance with the R2 Zone
provisions of Section 6
-
triplex dwelling on municipal water and sewer, in accordance with the R2 Zone
provisions of Section 6
-
group home
-
additional dwelling unit in accordance with the provisions of Section 3.1.2
b) Non-Residential Uses
-
public park
-
private park
5.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a Residential One (R1)
Zone except in accordance with the following provisions:
Private Septic
and Well
Partial Municipal
Services
Full Municipal
Sanitary and Water
a)
Lot Area (minimum)
4,000 square
metres
4,000 square metres
480 square metres
b)
Lot Frontage (minimum)
45.0 metres
20.0 metres
15.0 metres
c)
Front Yard Depth
(minimum)
7.5 metres
7.5 metres
6.0 metres
d)
Interior Side Yard Width
(minimum)
3.0 metres
2.5 metres
1.5 metres
e)
Exterior Side Yard Width
(minimum)
6.0 metres
4.0 metres
3.0 metres
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5.2.1
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section 3-
General Provisions of this By-law.
5.2.2
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions of
this By-law.
5.2.3
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-law.
5.3
ACCESSORY USES, BUILDINGS AND STRUCTURES:
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures which
are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of this
By-law.
5.4
EXCEPTION ZONES
5.4.1
Residential One - Exception One (R1-E1): Ottawa River Flood Plain
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential One - Exception One (R1-E1) Zone, no building or structure may be erected except
in accordance with the Ottawa River Flood Plain requirements in Section 3 - General Provisions
of this By-law.
5.4.2
Residential One - Exception Two (R1-E2)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential One - Exception Two (R1-E2) Zone within Part of Lot 24, Concession VIII, the
minimum required building setback shall be 11.0 metres from the crest of the slope. No
permanent structures including decks, dwellings, garages, swimming pools and private
sewage disposal systems shall be permitted within the required setback.
f)
Rear Yard Depth (minimum)
7.5 metres
h)
Lot Coverage (maximum)
40%
i)
Building Height (maximum)
10.5 metres
j)
Open Storage
in accordance with the provisions for Open Storage in Section 3 -
General Provisions of this By-law
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5.4.3
Residential One - Exception Three (R1-E3)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential One - Exception Three (R1-E3) Zone, within Part of Lot 21, Concession 2,
geographic Township of Ross, no dwelling shall be erected within 200 metres of the centreline
of a railway line.
5.4.4
Residential One - Exception Four (R1-E4)
In addition to the normal uses of the Residential One (R1) zone, those lands described as Lots
120 and 121, Plan 60, Township of Westmeath and delineated as Residential One - Exception
Four (R1-E4) on the Schedule to this By-law may be used for the purposes of a commercial
garage.
For the purposes of this subsection only, the following definition shall apply:
Lot - notwithstanding the definition of "Lot" contained in Section 2.104 to the contrary, "Lot"
shall mean Lots 120 and 121, Plan 60 and all references to "Lot" contained in this By-law shall
be interpreted to mean Lots 120 and 121, Plan 60.
5.4.5
Residential One-Exception Five (R1-E5)
Notwithstanding anything in this By-law to the contrary, for those lands located at 103 Creek
Street and described as Lot 86 and Part of Lot 87 Registered Plan No. 60, Township of
Westmeath and delineated as Residential One-Exception Five (R1-E5) on the Schedule to this
By-law a boarding house shall be permitted in addition to the other uses permitted in the R1
Zone.
5.4.6
Residential One - Exception Six (R1-E6)
Notwithstanding anything in this By-law to the contrary, for those lands located within part of
Lot 1, Concession EFC, geographic Township of Westmeath (and more particularly described
as Part 2 on Reference Plan 49R-3260) and delineated as Residential One - Exception Six (R1-
E6) on the Schedule to this By-law) to this By-law, the following provisions shall apply:
i)
Lot Area (minimum)
1800 square metres
ii)
Lot Frontage (minimum) 15 metres
5.4.7
Residential One - Exception Seven (R1-E7)
Notwithstanding Section 3.8, or any other provision of this By-law to the contrary, for those
lands located in part of Lot 2, Concession E.F.B., geographic Township of Westmeath and
delineated as Residential One-Exception Seven (R1-E7) on the Schedule to this By-law, two
existing single detached dwellings shall be permitted. All other provisions of the Zoning By-
law shall apply.
5.4.8
Residential One - Exception Eight (R1-E8)
Notwithstanding any other provision of this By-law to the contrary for the lands located in the
Residential One-Exception Eight (R1-E8) Zone, a recreational sales and rental business shall
be a permitted use.
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5.4.9
Residential One - Exception Nine (R1-E9)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential One-Exception Nine (R1-E9) Zone within part of the factory lots on Registered Plan
65 (known as 6 Main Street), a live bait and tackle shop shall be considered as a home
occupation.
5.4.10
Residential One - Exception Ten (R1-E10)
Notwithstanding any provisions of this By-law to the contrary, for the lands located within the
Residential One-Exception Two (R1-E10) Zone in Part of Lot D, Registered Plan 65, Village of
Cobden a one family dwelling on a lot which has private road access shall be permitted.
Furthermore, the minimum water setback shall be thirty (30) metres.
5.4.11
Residential One - Exception Eleven (R1-E11)
Notwithstanding any other provisions of this By-law to the contrary, for lands located in the
Residential One-Exception Eleven (R1-E11) Zone within Lot 255 and Part of Lots 252 and 253,
Plan 65 (5 Crawford Street), a funeral home shall be a permitted use in addition to the other
uses permitted in the Residential One (R1) Zone.
5.4.12
Residential One - Exception Twelve (R1-E12)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential One-Exception Twelve (R1-E12) Zone within Lot 251 and Part of Lots 252 and 245,
Plan 65 and located at 3 Crawford Street, a bed and breakfast establishment and a tea room
shall be permitted uses. The following definitions shall also apply:
i)
Bed and Breakfast Establishment: means a private single detached dwelling in
which there are up to two rooms for rent for sleeping accommodation for overnight
guests only and may include the provision of meals. This definition does not include
boarding or lodging house.
ii)
Tea Room: means an establishment within a building, originally designed and used
as a single detached dwelling, where food, such as lunches, desserts and light
dinners are served to the public for immediate consumption on the premises, but
shall not include any other use defined herein.
iii)
The parking requirement for the Bed and Breakfast establishment shall be one (1)
parking space per guest room.
iv)
The parking requirement for the Tea Room shall be 1 parking space per 4 persons
design capacity of the Tea Room.
5.4.13
Residential One - Exception Thirteen (R1-E13)
Notwithstanding any provisions of this By-law to the contrary, for the lands in the Residential
One-Exception Thirteen (R1-E13) Zone within Lot 394, Plan 65 (14 Morton Street), Village of
Cobden, a two unit dwelling shall be a permitted use. A two unit dwelling shall mean a
separate building containing two dwelling units.
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5.4.14
Residential One - Exception Fourteen (R1-E14)
Notwithstanding any other provisions of this By-law to the contrary, for the land located in the
Residential One-Exception Fourteen (R1-E14) Zone, comprising Lot 120, Registered Plan 65
(23 Meadow Street) a hydraulics and pneumatics sales and service establishment shall be a
permitted use. This use shall be restricted to the garage as it existed on the date of passing of
this By-law.
A hydraulics and pneumatics sales and service establishment means a building or part of a
building where hydraulics and pneumatic component parts are offered or kept for sale, and
repaired or serviced.
5.4.15
Residential One - Exception Fifteen (R1-E15)
Notwithstanding any other provisions of this By-law to the contrary, for the land within the
Residential One-Exception Fifteen (R1-E15) Zone located at 7 Gould Street (and further
described as Lot 141, Registered Plan 65) an antique shop and an accessory dwelling shall be
permitted uses. An antique shop means a building or part of a building where antiques are
offered or kept for sale.
5.4.16
Residential One - Exception Sixteen (R1-E16)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential One-Exception Sixteen (R1-E16) Zone in part of Lots 154 and 155, Registered Plan
No. 65, former Village of Cobden, and more particularly described as Parts 1, 3 and 5 on
Reference Plan 49R-15071, the following provision shall apply:
i)
Lot Frontage (minimum)
17 metres
5.4.17
Residential One - Exception Seventeen (R1-E17)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential One-Exception Seventeen (R1-E17) Zone in part of Lots 328 and 329, Registered
Plan No. 65, former Village of Cobden, the following provision shall apply:
i)
Front Yard Depth (minimum)
3.0 metres
5.4.18
Residential One - Exception Eighteen (R1-E18)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located within
the former Village of Beachburg, and delineated as Residential One - Exception Eighteen (R1-
E18) on The Schedule to this By-law, the following provisions shall apply:
i)
Permitted Uses
-
Single Detached Dwelling
-
Accessory building or structure in accordance with Section 3.1 of this By-law
ii)
Lot Provisions
a) Floor Area, Single Detached Dwelling
(minimum)
74 square metres
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b) Floor Area, Accessory Buildings and
Structures (minimum)
18.5 square metres
c) Setback from normal spring high water
mark of Jackson Lake (minimum)
45 metres
d) Front Yard Depth (minimum)
7.5 metres
e) Interior or Exterior Side Yard Depth
(minimum)
1.5 metres
f) Rear Yard Depth (minimum)
1.5 metres
iii)
Outdoor furnaces, as defined in Section 2 of this By-law, are prohibited.
iv)
Any outdoor furnace that existed as of May 21, 2014 shall continue to be permitted,
so long as it continues to be used for that purpose.
The existing outdoor furnace may be repaired to a safe condition or replaced,
provided the height, size or volume of the repaired or replaced outdoor furnace is
not increased and it is located on the same footprint. Any existing non-conforming
outdoor furnace, when replaced with a new outdoor furnace, shall be in compliance
with all other applicable law.
All other provisions of the R1 Zone shall apply.
5.4.19
Residential One - Exception Nineteen (R1-E19)
Notwithstanding any provision of this By-law to the contrary, for the lands located within the
Residential One - Exception Nineteen (R1-E19) Zone the following provisions shall apply:
i)
Lot Area (minimum)
3,500 square metres
ii)
Lot Frontage (minimum)
30.0 metres
All other provisions of the R1 Zone shall apply.
5.4.20
Residential One - Exception Twenty (R1-E20)
Notwithstanding any provision of this By-law to the contrary, for the lands located within the
Residential One - Exception Twenty (R1-E20) Zone the following provisions shall apply:
i)
Lot Area (minimum)
6,000 square metres
ii)
Lot Frontage (minimum)
45.0 metres
iii)
Rear Yard Depth (minimum)
90.0 metres
All other provisions of the R1 Zone shall apply.
5.4.21
Residential One - Exception Twenty-One (R1-E21)
Notwithstanding any provision of this By-law to the contrary, for the lands located within the
Residential One - Exception Twenty-One (R1-E21) Zone the following provisions shall apply:
i)
Lot Area (minimum)
1,300 square metres
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ii)
Lot Frontage (minimum)
21.0 metres
iii)
Exterior Side Yard Width (minimum)
3.0 metres
iv)
Dwelling Unit Area (minimum)
55 square metres
v)
Lot Coverage (maximum)
35%
vi)
Sewage Disposal Systems: No septic system will be constructed within 50 metres
from the shoreline on lots 30 to 35 and 30 metres from the shoreline on Lots 37 to
40 and 49 to 51 inclusive.
All other provisions of the R1 Zone shall apply.
5.4.22
Residential One - Exception Twenty-Two (R1-E22)
Notwithstanding any provision of this By-law to the contrary, for those lands located in part of
Lot 6, Concession 5, geographic Township of Westmeath, in the former Village of Beachburg,
and delineated as Residential One - Exception Twenty-Two (R1-E22) on the Schedule to the
By-law, the minimum required side yard setback shall be 1.5 metres. All other provisions of the
R1 Zone shall apply.
5.4.23
Residential One - Exception Twenty-Three (R1-E23)
Notwithstanding any provision of this By-law to the contrary, for the lands located within the
Residential One - Exception Twenty (R1-E20) Zone the following provisions shall apply:
i)
Lot Area (minimum)
1,200 square metres
ii)
Lot Frontage (minimum)
30.0 metres
iii)
Side Yard Width (minimum)
1.5 metres
iv)
Rear Yard Depth
30 metres
v)
Dwelling Unit Area (minimum)
74 square metres
vi)
Dwelling Unit Per Lot (maximum)
1
vii)
Lot Coverage (maximum)
30%
All other provisions of the R1 Zone shall apply.
5.4.24
Residential One - Exception Twenty-Four (R1-E24)
Notwithstanding any provisions of this By-law to the contrary, for those lands described as part
of Lot 7, Concession 5, E.M.L., in the geographic Village of Beachburg and delineated as
Residential One-Exception Twenty-Four (R1-E24) on the Schedule to this By-law, the following
provisions shall apply that delineate the building envelope on the property:
i)
Front Yard Setback (minimum)
65.0 metres
ii)
Northwest Side Yard Setback (minimum)
1.2 metres
Further to the above, the single dwelling, private sewage disposal system and well shall be
located in accordance to the site plan outlined in the development agreement registered on
title to the property.
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5.4.25
Residential One - Exception Twenty-Five (R1-E25)
Notwithstanding any provisions of this By-law to the contrary, for those lands described as part
of Lot 7, Concession 5, E.M.L., in the geographic Village of Beachburg and delineated as
Residential One-Exception Six (R1-E6) on the Schedule to this By-law, no development shall
be permitted.
For the purposes of this subsection development shall mean the construction, erection or
placing of a building or structure, site grading, excavation, removal or placement of fill whether
originating on site or elsewhere and drainage works.
5.4.26
Residential One - Exception Twenty-Six (R1-E26)
Notwithstanding any provisions of this By-law to the contrary, for those lands described as part
of Lot 8, Concession 5, E.M.L., in the geographic Village of Beachburg and delineated as
Residential One-Exception Seven (R1-E7) on the Schedule to this By-law, the following
provisions shall apply:
i)
Lot Frontage (minimum)
20 metres
5.4.27
Residential One - Exception Twenty-Seven (R1-E27)
Notwithstanding Sections 5.2(a) and 5.2(b) to the contrary, those lands described as Lots 32,
33 and 34, Plan 45, Township of Westmeath and delineated as Residential One-Exception
Twenty-Seven (R1-E27) on Schedule "E" (Map No. 2, Hamlet of Westmeath Area) shall be used
in compliance with the R1 zone provisions, excepting, however, that the following provisions
shall apply:
i) Lot Area (minimum):
1275 square metres
ii) Lot Frontage (minimum):
24 metres
5.4.28
Residential One - Exception Twenty-Eight (R1-E28)
Notwithstanding Section 5.2(a) to the contrary, those lands described as lots 1 to 11 and 19 to
25, Plan 45, Township of Westmeath and delineated as Residential One - Exception Twenty-
Eight (R1-E28) on the Schedule to this By-law shall be used in compliance with the R1 zone
provisions, excepting, however, that the following provision shall apply:
i) Lot Area (minimum):
1600 square metres
5.4.29
Residential One - Exception Twenty-Nine (R1-E29)
Notwithstanding any other provision of this By-law to the contrary, for those lands described
as part of Lot 8, Concession 5, E.M.L., in the geographic Village of Beachburg and delineated
as Residential One - Exception Twenty-Nine (R1-E29) on the Schedule to this By-law, the
following shall apply:
i) Lot Area (minimum)
4.8 hectares
ii) Lot Frontage (minimum)
135 metres
iii) Rear Yard Depth (minimum)
7.5 metres
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5.4.30
Residential One - Exception Thirty (R1-E30)
Notwithstanding any other provision of this By-law to the contrary, for those lands described
as part of Lot 8, Concession 5, E.M.L., in the geographic Village of Beachburg and delineated
as Residential One - Exception Thirty (R1-E30) on the Schedule to this By-law, the following
shall apply:
i) Lot Area (minimum)
2000 square metres
ii) Lot Frontage (minimum)
50 metres
iii) Rear Yard Depth (minimum)
7.5 metres
5.4.31
Residential One - Exception Thirty-One (R1-E31)
Notwithstanding any other provision of this By-law to the contrary, for those lands described
as part of Lot 7, Concession 5, E.M.L., in the geographic Village of Beachburg and delineated
as Residential One-Exception Thirty-One (R1-E31) on the Schedule to this By-law, the following
shall apply:
i) Lot Area (minimum)
18000 square metres
ii) Rear Yard Depth (minimum)
7.5 metres
5.4.32
Residential One - Exception Thirty-Two (R1-E32)
Notwithstanding any other provision of this By-law to the contrary, for those lands described
as part of Lot 7, Concession 5, EML., in the geographic Village of Beachburg and delineated
as Residential One - Exception Thirty-Two (R1-E32) on the Schedule to this By-law, the
minimum lot area shall be 2.4 hectares.
5.4.33
Residential One - Exception Thirty-Three (R1-33)
Notwithstanding any other provisions of this By-law, for those lands described as Part of Lot
52, Plan 65 (16 Main Street) and delineated as Residential One - Exception Thirty Three (R1-
E33) on the Schedule to this By-law, the following provisions shall apply to a semi-detached
dwelling:
i) Lot Area (minimum)
525 square meters
ii) Lot Frontage (minimum)
12.5 metres
5.4.34
Residential One - Exception Thirty-Four (R1-34)
Notwithstanding any other provision of this By-law to the contrary, for those lands located at
Lot 2 of Plan 573 and known municipally as 3 Morrison Drive in the Village of Cobden and
delineated as Residential One - Exception Thirty-Four (R1-E34) Zone on this Schedule to this
By-law, a secondary dwelling unit shall be permitted.
For the purposes of this subsection, a secondary dwelling unit shall be defined as follows:
Secondary Dwelling Unit means a separate dwelling unit having a minimum area of 375 sq. ft.
in which food preparation, eating, living, sleeping and sanitary facilities are provided for the
exclusive use of the occupants thereof, which is subsidiary to and located in the same building
as an associated principal dwelling unit.
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5.5
HOLDING ZONES
(RESERVED)
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6
REQUIREMENTS FOR RESIDENTIAL TWO
(R2) ZONES
6.1
PERMITTED USES
No person shall use land or erect or use a building or structure in a Residential Two (R2) Zone
except for:
a) Residential Uses
-
single detached dwelling
-
duplex dwelling
-
semi-detached dwelling
-
triplex dwelling
-
group home
-
additional residential unit in accordance with Section 3.1.2
b) Non-Residential Uses
-
public park
-
private park
6.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a Residential Two (R2)
Zone except in accordance with the following provisions:
a)
Lot Area (minimum)
Single Detached Dwelling,
Duplex or Group Home
480 square metres
Semi-Detached Dwelling
270 square metres per unit
Triplex Dwelling
700 square metres
b)
Lot Frontage (minimum)
All Residential Unit Types
15.0 metres
c)
Lot Coverage (maximum)
All Residential Unit Types
40%
d)
Front Yard (minimum)
All Residential Unit Types
6.0 metres
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e)
Rear Yard (minimum)
All Residential Unit Types
7.5 metres
f)
Interior Side Yard (minimum)
Semi-Detached Dwelling
(common wall)
0 metres
All other Residential Unit Types,
including outside wall of Semi-
Detached Dwelling
1.5 metres
g)
Exterior Side Yard (minimum)
All Residential Unit Types
3.0 metres
h)
Maximum Building Height
All Residential Unit Types
10.5 metres
i)
Open Storage
in accordance with the provisions for Open Storage in
Section 3 - General Provisions of this By-law
6.2.1
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section 3-
General Provisions of this By-law.
6.2.2
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions of
this By-law.
6.2.3
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-law.
6.3
ACCESSORY USES, BUILDINGS AND STRUCTURES:
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures which
are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of this
By-law.
6.4
EXCEPTION ZONES:
6.4.1
Residential Two - Exception One (R2-E1): Ottawa River Flood Plain
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential Two-Exception One (R2-E1) Zone, no building or structure shall be erected, except
in accordance with the Ottawa River Flood Plain requirements in Section 3 - General Provisions
of this By-law.
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6.4.2
Residential Two-Exception Two (R2-E2)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential Two - Exception Two (R2-E2) Zone, within Part of Lot 7, Concession III, a general
service shop (carpet cleaning business) shall be a permitted use.
6.4.3
Residential Two-Exception Three (R2-E3)
Notwithstanding any other provision of this By-law to the contrary, for the lands located in the
Residential Two-Exception Three (R2-E3) Zone, within Part of Lot 7, Concession III, a
contractor's shop shall be a permitted use.
6.4.4
Residential Two-Exception Four (R2-E4)
Notwithstanding any other provision of this By-law to the contrary, for the lands located in the
Residential Two-Exception Four (R2-E4) Zone within Part of Lot 22, Concession II, a take-out
eating establishment (chip wagon) shall be permitted.
6.4.5
Residential Two - Exception Five (R2-E5)
Notwithstanding any other provision of this By-law to the contrary, for the lands located in the
Residential Two-Exception Five (R2-E5) Zone within Part of Lot 7, Concession III, a wholesale
establishment not exceeding 95 square metres in gross floor area shall be a permitted use.
The minimum lot area shall be 3000 square metres. A wholesale establishment shall be
defined as an establishment which sells merchandise to others for resale and/or to industrial
or commercial uses. No manufacturing shall be permitted on the property.
6.4.6
Residential Two-Exception Six (R2-E6)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential Two-Exception Six (R2-E6) Zone within Part of Lot 10, Concession IX, a meat cutting
and wrapping shop shall be a permitted use. A meat cutting and wrapping shop means a
building structure or lot or part thereof used for the cutting and wrapping of meat but where
no slaughtering of livestock or other animals takes place. This definition does not include an
abattoir.
6.4.7
Residential Two-Exception Seven (R2-E7)
Notwithstanding any other provisions of this By-law, for those lands located in part of Lots 76
and 77, Plan 87, in part of Lot 7, Concession 8, geographic Township of Ross, known
municipally as 1963 and 1973 Foresters Falls Road and delineated as Residential Two-
Exception Seven (R2-E7) on the Schedule to this By-law, the minimum required lot area shall
be 1600 square metres and the minimum required side yard shall be 2.7 metres.
6.4.8
Residential Two - Exception Eight (R2-E8)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the
Residential Two-Exception Eight (R2-E8) Zone in part of Lots 154 and 155, Registered Plan No.
65, former Village of Cobden, and more particularly described as Parts 2, 4 and 6 on Reference
Plan 49R-15071, the following provisions shall apply:
i)
Lot area (minimum)
400 square meters
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ii)
Lot Frontage (minimum)
17 metres
6.4.9
Residential Two - Exception Nine (R2-E9)
Notwithstanding Section 7.1(a), 7.2(b)(i) and 7.2(c), or any other provision of this By-law to the
contrary, for those lands located in part of Lot 256 and Lot 258, Plan 65, the following
provisions shall apply:
i)
Permitted Uses:
-
one family dwelling
-
two family dwelling
ii)
Lot frontage (minimum)
18 metres
iii)
Front Yard Depth (minimum)
3.5 metres
6.4.10
Residential Two - Exception Ten (R2-E10)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located in
Part of Block G, Plan 65, Morton Street, former Village of Cobden, and delineated as
Residential Two - Exception Ten (R2-E10), as shown on the Schedule to this By-law, the use of
a semi-detached dwelling shall be permitted and the following provisions shall apply
specifically to a semi-detached dwelling:
i)
Side Yard Width (minimum)
2.5 metres
ii)
Lot Coverage (maximum)
39%
6.4.11
Residential Two - Exception Eleven (R2-E11)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located at
5 Bromley Street and described as being Part of Lot 279, Plan 65, former Village of Cobden,
and delineated as Residential Two - Exception Eleven (R2-E11), as shown on the Schedule to
this By-law, the following provisions shall apply:
Zone Provisions for a duplex dwelling (both units on same lot)
i)
Lot Area (minimum)
650 square metres
ii)
Lot Frontage (minimum)
20.73 metres
iii)
Front Yard Depth (minimum)
5.79 metres
iv)
Side Yard Width (minimum)
3 metres/1 metre
v)
Rear Yard Depth (minimum)
2.8 metres
vi)
Lot Coverage (maximum)
40%
Zone Provisions for a duplex dwelling (each unit on a separate lot)
i)
Lot Area (minimum)
325 square metres
ii)
Lot Frontage (minimum)
14.92 metres
iii)
Front Yard Depth (minimum)
5.79 metres
iv)
Side Yard Width (minimum)
2.8 metres/ 1 metre
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v)
Side/Rear Yard Depth at Common Wall (minimum)
0 metres
vi)
Rear Yard Depth (minimum)
1.52 metres
vii)
Lot Coverage (maximum)
45%
6.4.12
Residential Two - Exception Twelve (R2-E12)
Notwithstanding any other provisions of this By-law to the contrary, for those lands described
as Block 11 and 12, Plan 573 and described as Lots 16 to 23, Plan 49M-106, former Village of
Cobden, and delineated as Residential Two - Exception Twelve (R2-E12), as shown on the
Schedule to this By-law, the following provisions shall apply:
Zone Provisions for a duplex dwelling (both units on same lot):
i)
Site Yard Width (minimum) 2 metres
ii)
Lot Coverage (maximum) 45%
Zone Provisions for a duplex dwelling (each unit on a separate lot):
i)
Lot Area (minimum) 325 square metres
ii)
Lot Frontage (minimum) 10.5 metres
iii)
Site Yard Width (minimum) 2 metres
iv)
Side/Rear Yard Depth at Common Wall (minimum) 0 metres
v)
Lot Coverage (maximum) 45%
6.5
HOLDING ZONES
(RESERVED)
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7
REQUIREMENTS FOR RESIDENTIAL
THREE (R3) ZONES
7.1
PERMITTED USES
No person shall use land or erect or use a building or structure in any R3 Zone except for:
(a)
Residential Uses
-
triplex dwelling
-
fourplex dwelling
-
townhouse dwelling (street or block)
-
apartment dwelling
-
additional residential unit within a townhouse, in accordance with Section
3.1.2
-
group home
(b)
Non-Residential Uses
-
public park
-
private park
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7.2
ZONE PROVISIONS
No person shall use land or erect or use a building or structure in a Residential Three (R3) Zone
except for:
a)
Lot Area (minimum)
Triplex Dwelling
700 square metres
Fourplex Dwelling
1,200 square metres
Townhouse Dwelling
240 square metres per unit
Apartment Dwelling
2,000 square metres
b)
Lot Frontage (minimum)
Triplex Dwelling
18.0 metres
Fourplex
18.0 metres
Townhouse
6.0 metres per unit
Apartment Dwelling
20.0 metres
c)
Lot Coverage (maximum)
Apartment Dwelling
55%
All Other Residential Unit Types 40%
d)
Front Yard (minimum)
All Residential Unit Types
6.0 metres
e)
Rear Yard (minimum)
All Residential Unit Types
10.0 metres
f)
Interior Side Yard (minimum)
Triplex Dwelling
3.0 metres
Fourplex Dwelling
3.0 metres
Townhouse Dwelling
3.0 metres
Apartment Dwelling
6.0 metres
g)
Exterior Side Yard (maximum)
Triplex Dwelling
3.0 metres
Fourplex Dwelling
3.0 metres
Townhouse Dwelling
3.0 metres
Apartment Building
6.0 metres
h)
Maximum Building Height
Triplex Dwelling
10.5 metres
Fourplex Dwelling
10.5 metres
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Townhouse Dwelling
10.5 metres
Apartment Building
18.0 metres
i)
Minimum
Landscaped
Planting Strip
1.5 metres where abutting a rear lot line or interior side lot
line of any property Zoned R1, R2 or R3.
j)
Maximum Apartment Dwelling
Density
75 units per hectare
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3- General Provisions of this By-law.
7.2.1
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
7.2.2
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
7.3
ACCESSORY USES, BUILDINGS AND STRUCTURES:
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
7.4
EXCEPTION ZONES
7.4.1
Residential Three - Exception One (R3-E1)
Ottawa River Flood Plain
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Residential Three-Exception One (R3-E1) Zone, no building or structure shall be erected
except in accordance with the Ottawa River Flood Plain requirements in Section 3 - General
Provisions of this By-law.
7.4.2
Residential Three-Exception Two (R3-E2)
Notwithstanding any other provisions of this by-law to the contrary, for the lands located
within the Residential Three-Exception Two (R3-E2) Zone, within Part of Lot 7, Concession
VIII, a dwelling containing four dwelling units shall be a permitted use.
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7.4.3
Residential Three - Exception Three (R3-E3)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Residential Three-Exception Three (R3-E3) Zone within Part of Block G, Registered Plan
65, Village of Cobden (and comprising Part 1 on Plan 49R-5911) the only permitted use
shall be a building containing no more than four dwelling units.
7.4.4
Residential Three - Exception Four (R3-E4)
Notwithstanding any other provisions of this By-law to the contrary, for the land located
within the R3-E4 Zone and comprising Lots 271 and 272 in Registered Plan 65 in the Village
of Cobden, the provisions which apply to the following zone provisions in the Residential
One (R1) Zone are:
i)
Lot Area (minimum)
290 square metres
ii)
Lot Frontage (minimum)
12.0 metres
iii)
Front Yard Depth (minimum)
3.0 metres
7.4.5
Residential Three - Exception Five (R3-E5)
Notwithstanding any other provisions of this By-law to the contrary, for the land located
within the R3-E5 Zone and comprising Part of Lot 402, Part of Lot 403 and Part of Block E,
Registered Plan 65 in the Village of Cobden, a library shall be a permitted use in addition to
the other uses permitted in the R3 Zone. A library means a building or part of a building
containing printed and pictorial material for public use for purposes of study, reference and
recreation. The following parking provisions shall also apply:
i)
nursing home, retirement home
1 space per 3 beds
ii)
library
1 space per 20 square metres of
gross floor area
7.4.6
Residential Three - Exception Six (R3-E6)
Notwithstanding Section 8.2(e)(ii), or any other provision of this By-law to the contrary, for
those lands located in Lots 320 to 326, inclusive, Plan 65, the minimum required rear yard
setback for a row house dwelling shall be 3.65 metres and there is no side yard requirement
where a row house dwelling is attached to another row house dwelling unit by a party wall
at a common lot line.
7.4.7
Residential Three - Exception Seven (R3-E7)
Notwithstanding anything in this By-law to the contrary for those lands described as Part 2
and Part 5 on Plan 49R-18367 in the geographic Village of Cobden, the following provisions
shall apply:
i)
Lot Area (minimum)
210 square metres
ii)
Front Yard Setback (minimum)
4 metres
iii)
Rear Yard Setback (minimum)
6 metres
iv)
Lot Coverage (maximum)
50%
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v)
Side Yard (minimum) for a row house dwelling attached to another row house
dwelling by a party wall at a common lot line
0 metres
All other provisions of the By-law shall apply.
7.4.8
Residential Three - Exception Eight (R3-E8)
Notwithstanding anything in this By-law to the contrary for those lands described as Part 1,
Part 6, Parts 3 & 8 and Parts 4 & 9 on Plan 49R-18367 in the geographic Village of Cobden,
the following provisions shall apply:
i)
Front Yard Setback (minimum)
4 metres
ii)
Rear Yard Setback (minimum)
6 metres
iii)
Lot Coverage (maximum)
40%
iv)
Side Yard (minimum) for a row house dwelling attached to another row house
dwelling by a party wall at a common lot line
0 metres
All other provisions of the By-law shall apply.
7.4.9
Residential Three - Exception Nine (R3-E9)
Notwithstanding any other provisions of this bylaw, for those lands located in Part of Lot 6,
Concession 1 WML as shown on the Schedule to this By-law, the minimum required rear
yard setback for a rowhouse dwelling shall be 7.5 metres. Further, there is no side yard
requirement where a rowhouse dwelling is attached to another rowhouse dwelling unit by
a party wall at a common lot line.
7.4.10
Residential Three - Exception Ten (R3-E10)
Notwithstanding any other provisions of this bylaw, for those lands located in Part of Lot 6,
Concession 1 WML, as shown on the Schedule to this By-law, the following additional use
shall be permitted:
Residential Uses
Townhouse dwelling
Notwithstanding any other provisions of this bylaw, for those lands located in Part of Lot 6,
Concession 1 WML, as shown on the Schedule to this By-law, the following zone standards
shall apply:
i)
Lot Area (minimum)
-
For Semi-Detached Dwelling
650 square metres
-
For Townhouse Dwelling
240 square metres
ii) Lot Frontage (minimum)
-
For Semi-Detached Dwelling
10.5 metres (per unit)
-
For Townhouse dwelling
6 metres (per unit)
iii) Front Yard Depth (minimum
6 metres
iv) Side Yard Depth (minimum)
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-
Exterior or Interior Side Yard
3 metres
-
Dwelling attached to another dwelling by party wall at common lot line
0 metres
v) Rear Yard Depth (minimum)
7.5 metres
vi) Lot Coverage (maximum)
35%
vii) Building Height
10.5 metres
7.5
HOLDING ZONES
(RESERVED)
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8
REQUIREMENTS FOR LIMITED SERVICE
RESIDENTIAL (LSR) ZONES
8.1
PERMITTED USES
No person shall use land or erect or use a building or structure in any LSR Zone except for:
(a) Residential Uses
-
single detached dwelling
8.2
ZONE PROVISIONS
No person shall use any lot or install, place, erect, alter or use any building or structure in a
Limited Service Residential (LSR) Zone except in accordance with the following provisions:
a)
Lot Area (minimum)
4,000 square metres
b)
Lot Frontage (minimum)
45 metres
c)
Front Yard Depth (minimum)
7.5 metres
d)
Interior Side Yard Width (minimum)
3.0 metres
e)
Exterior Side Yard Width (minimum)
6.0 metres
f)
Rear Yard Depth (minimum)
7.5 metres
h)
Lot Coverage (maximum)
33%
i)
Building Height (maximum)
10.5 metres
j)
Open Storage
in accordance with the provisions
for Open Storage in Section 3 -
General Provisions of this By-law.
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8.3
ACCESSORY USES, BUILDINGS AND STRUCTURES:
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
8.4
EXCEPTION ZONES
8.4.1
Limited Service Residential-Exception One (LSR-E1)
Ottawa River Flood Plain
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Limited Service Residential-Exception One (LSR-E1) Zone, no building or structure shall
be erected except in accordance with the Ottawa River Flood Plain requirements in Section
3 - General Provisions of this By-law.
8.4.2
Limited Service Residential-Exception Two (LSR-E2)
Notwithstanding Sections 3.25(e), or any other provision of this By-law to the contrary, for
those lands located in part of Lot 2, Concession 1 E.M.L., geographic Township of Ross,
located at 169 Cedar Haven Road and delineated as Limited Service Residential-Exception
Two (LSR-E2) on the Schedule to this By-law, a cottage and decks with a total maximum
building footprint of 62 square metres shall be permitted 11.8 metres from the high water
mark of Muskrat Lake.
8.4.3
Limited Service Residential-Exception Three (LSR-E3)
Notwithstanding Section 3.25(d), or any other provision of this By-law to the contrary, for
those lands located in part of Lot 19, Concession 3, geographic Township of Ross, located
at 70 Lefty Lane and delineated as Limited Service Residential-Exception Three (LSR-E3) on
the Schedule to this By-law, the minimum required water setback from the high water mark
shall be 9.0 metres. No person shall erect a building or structure on the lands zoned LSR-
E3 except in accordance with an Environmental Impact Study (EIS) and an approved site
plan agreement under Section 41 of the Planning Act to address matters relating to the
stability of the slope on the subject lands and to any matters relating to the EIS.
8.4.4
Limited Service Residential-Exception Four (LSR-E4)
Notwithstanding Section 8.2(b) of this By-law to the contrary, for those lands located in part
of Lot 13, Concession 12, geographic Township of Ross, located on Voyageur Bay Trail and
delineated as Limited Service Residential-Exception Four (LSR-E4) on the Schedule to this
By-law, the minimum required lot frontage is 11 metres.
8.4.5
Limited Service Residential-Exception Five (LSR-E5)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Lot 17, Concession 3, Olmstead-Jeffrey Lake Road, geographic Township of Ross
and delineated as Limited Service Residential-Exception Five (LSR-E5), on the Schedule to
this By-law, the following zone provisions shall apply:
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i)
Lot Frontage (minimum)
10 metres
8.4.6
Limited Service Residential-Exception Six (LSR-E6)
Notwithstanding Section 8.2(b), or any other provision of this By-law to the contrary, for
those lands located in part of Lot 13, Concession 12, Voyageur Bay Trail, geographic
Township of Ross, and delineated as Limited Service Residential-Exception Six (LSR-E6) on
the Schedule to this By-law, the following provisions shall apply:
i)
Lot Frontage (minimum)
19 metres
8.4.7
Limited Service Residential-Exception Seven (LSR-E7)
Notwithstanding any other provision of this By-law to the contrary, for those lands described
as part of Lot 21, Concession 2 PCL 4, geographic Township of Ross, located on Logan Lane
and delineated as Limited Service Residential-Exception Seven (LSR-E7) on the Schedule
to this By-law, the minimum Separation Distance between a sensitive land use and lands
zoned Mineral Aggregate Reserve - Sand and Gravel (EMR-SG) shall be 0 (zero) metres.
8.5
HOLDING ZONES
8.5.1
Limited Service Residential-holding (LSR-h)
Until such time as the holding symbol is removed from lands described as part of Lot 13,
Concession 12, in the geographic Township of Ross and delineated as Limited Service
Residential-holding (LSR-h) on the Schedule to this By-law, in accordance with the conditions
set forth herein, no person shall use land or erect or use a building or structure, except in
accordance with the following:
i)
Permitted Uses
-
existing uses in existing locations
-
open space
-
passive recreation that does not require a building
ii)
Conditions for removal of Holding Symbol (h)
a) Development Agreement to address financial contributions and work
required to upgrade Pettigrew Road to a standard of construction
acceptable to the Township.
b) Private Road Agreement for the registered right-of-way connecting to
Pettigrew Road.
8.5.2
Limited Service Residential-Exception Four-holding (LSR-E4-h)
Until such time as the holding symbol is removed from lands described as Part of Lot 13,
Concession 12, in the geographic Township of Ross and delineated as Limited Service
Residential-Exception Four-holding (LSR-E4-h) on the Schedule to this By- law, in
accordance with the condition set forth herein, no person shall use land or erect or use a
building or structure, except in accordance with the following:
i)
Permitted Uses
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-
existing uses in existing locations
-
open space
-
passive recreation that does not require a building
ii)
Conditions for removal of Holding Symbol (h)
-
Development Agreement to address financial contributions and work
required to upgrade Pettigrew Road to a standard of construction
acceptable to the Township.
-
Private Road Agreement for the registered right-of-way connecting to
Pettigrew Road.
8.5.3
Limited Service Residential-holding (LSR-h)
Until such time as the holding symbol is removed from lands described as part of Lot 1,
Concession 9 Northern Division, in the geographic Township of Ross and delineated as
Limited Service Residential-holding (LSR-h) on the Schedule to this By-law, in accordance
with the conditions set forth herein, no person shall use land or erect or use a building or
structure, except in accordance with the following:
i)
Permitted Uses
-
existing uses in existing locations
-
open space
-
passive recreation that does not require a building
ii)
Conditions for removal of Holding Symbol (h)
a) Conditional approval by the County of Renfrew of a new lot consent
application(s).
b) Private Road Agreement for the registered right-of-way connecting to
Grants Settlement Road.
8.5.4
Limited Service Residential-holding (LSR-h)
Until such time as the holding symbol is removed from lands described as Part of Lot 19,
Ross Concession 2 East, Ashbury Trail, in the geographic Township of Ross and delineated
as Limited Service Residential-holding (LSR-h) on the Schedule to this By-law, in accordance
with the conditions set forth herein, no person shall use land or erect or use a building or
structure, except in accordance with the following:
iii)
Permitted Uses
-
open space
-
non-residential uses permitted in the LSR Zone
iv)
Conditions for removal of Holding Symbol (h)
a) A Mineral Aggregate Impact Study is submitted to the satisfaction of the
Township.
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9
REQUIREMENTS FOR MOBILE HOME
PARK (MHP) ZONES
9.1
PERMITTED USES
No person shall use land or erect or use a building or structure in any HAC Zone except for:
i)
Residential Uses
-
mobile home
-
accessory dwelling
ii)
Non-Residential Uses
-
business office accessory to a mobile home park
9.2
ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any HAC Zone
except in accordance with the following provisions:
Communal Water System and
Private Sewage Disposal
Individual Private Wells
and Private Sewage
Disposal
a)
Mobile Home Site Area (minimum)
500 square metres
2025 square metres
b)
Mobile Home Site Frontage
(minimum)
10 metres
30 metres
c)
Mobile Home Site Front Yard Depth
(minimum)
6.0 metres
7.5 metres
d)
Mobile Home Site Side Yard Width
3.0 metres
5.0 metres
e)
Mobile Home Site Rear Yard Depth
6.0 metres
10.5 metres
h)
Mobile Home Lot Area (minimum)
1.2 hectares
i)
Mobile Home Park Lot Frontage
(minimum)
90 metres
j)
Building Height (maximum)
10.5 metres
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9.2.1
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3- General Provisions of this By-law.
9.2.2
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
9.2.3
Mobile Home Park Density
Notwithstanding the minimum mobile home site area provisions of Subsections 9.2 a), no
Mobile Home Park (MHP) Zone shall have a gross density exceeding a maximum seven (7)
mobile homes per hectare.
9.2.4
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
9.3
ACCESSORY USES, BUILDINGS AND STRUCTURES:
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
9.4
EXCEPTION ZONES
(RESERVED)
9.5
HOLDING ZONES
(RESERVED)
k)
Setback from Internal Roads for all
Accessory Buildings (minimum)
9.0 metres
l)
Open Storage
in accordance with the provisions for Open Storage in
Section 3 - General Provisions of this By-law
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10
REQUIREMENTS FOR GENERAL
COMMERCIAL (GC) ZONES
10.1 PERMITTED USES
No person shall use land or erect or use a building or structure in a General Commercial (GC)
Zone except for:
(a)
Residential Uses
Accessory dwelling unit. In the case of an automotive use, the accessory dwelling
unit shall be attached to the automotive use.
(b)
Non-Residential Uses
-
automotive - store
-
automotive - body shop
-
automotive - car wash
-
automotive - commercial garage
-
automotive - gasoline bar
-
automotive - service station
-
automotive - vehicle sales or rental establishment
-
building supply store
-
convenience retail store
-
eating establishment
-
drive-in eating establishment
-
full service - eating establishment
-
motel
-
hotel
-
motor hotel
-
park
-
post office
-
business and professional offices
-
general service shop
-
personal service shop
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-
contractor's shop or yard
-
retail store
10.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a General
Commercial (GC) Zone except in accordance with the following provisions:
Private Septic and
Well
Partial Municipal
Services
Full Municipal
Sanitary and
Water
a) Lot Area (minimum)
Hotel
4,000 square
metres plus an
additional 185
square metres for
each guest room in
excess of 4 rooms
2,500 square
metres
1,000 square
metres
All other permitted uses
4,000 square
metres
b) Lot Frontage (minimum)
35 metres
25 metres
18 metres
c) Front Yard Depth (minimum)
Hotel, automobile - service
station, commercial garage
10.5 metres
All other permitted uses
6.0 metres
d) Interior Side Yard Width
(minimum)
3.0 metres
6.0 metres where the lot abuts an R1, R2, or R3 Zone
e) Exterior Side Yard Width
(minimum)
6.0 metres
f) Rear Yard Depth (minimum)
7.5 metres
10.5 metres where the lot abuts an R1, R2, or R3 Zone
g) Landscaped Open Space
(minimum)
30%
h) Building Height (maximum)
10.5 metres
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10.2.1
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3 - General Provisions of this By-law.
10.2.2
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
10.2.3
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
10.2.4
Additional Zone Provisions
In accordance with the provisions for Automobile-Service Station, Commercial Garage, and
Gasoline Bar in Section 3 - General Provisions of this By-law.
10.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
10.4 EXCEPTION ZONES
10.4.1
General Commercial-Exception One (GC-E1)
Ottawa River Flood Plain
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the General Commercial - Exception One (GC-E1) Zone, no building or structure shall be
erected except in accordance with the Ottawa River Flood Plain requirements in Section 3
- General Provisions of this By-law.
10.4.2
Reserved
10.4.3
Reserved
10.4.4
General Commercial - Exception Four (GC-E4)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the GC-
E4 Zone and located within Lot 5, Concession I, Township of Ross, in addition to the other
uses permitted in the GC Zone, a bus storage and maintenance establishment shall also be
a permitted use.
i) Dwelling Units Per Lot
(maximum)
1
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10.4.5
General Commercial - Exception Five (GC-E5)
Notwithstanding Section 11.1 (a) and (b), or any other provision of this By-law to the
contrary, for those lands located in part of Lot 11, Concession 9, geographic Township of
Ross, located at 24 Grants Settlement Road and delineated as General Commercial -
Exception Five (GC-E5) on the Schedule to this By-law, a single detached dwelling shall be
an additional permitted use.
10.4.6
General Commercial-Exception Six (GC-E6)
Notwithstanding Section 7.1(b), or any other provision of this By-law to the contrary, for
those lands located in Lot 12, Plan 60, geographic Village of Westmeath, located at 75
Creek Street and delineated as General Commercial-Exception Six (GC-E6) on the
Schedule to this By-law, a retail store including one in which the products are manufactured
on the premises, provided that the space devoted to such manufacturing does not exceed
50% of the gross leasable floor area, shall be the only permitted commercial use.
10.4.7
General Commercial - Exception Seven (GC-E7)
Notwithstanding any other provisions of this By-law to the contrary, for those lands in part
of Lots 193 to 195, Part of Lots 210 to 212 and Part of Lot 216, Plan 65, geographic Village
of Cobden, located at 49 Pembroke Street and delineated as General Commercial -
Exception Seven (GC-E7) on the Schedule to this By-law, three (3) apartment dwelling units
in the existing building shall be a permitted use.
10.4.8
General Commercial-Exception Eight (GC-E8)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the General Commercial-Exception Eight (GC-E8) Zone and comprising Lots 27, 28 and 29,
Registered Plan No. 65, Village of Cobden, the front yard depth requirement shall be 4.0
metres.
10.4.9
General Commercial-Exception Nine (GC-E9)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the General Commercial - Exception Three (GC-E8) Zone and comprising Lot 21 and part
of Lot 22, Registered Plan No.65, geographic Village of Cobden, a single detached
dwelling is a permitted use, and the following provisions shall apply:
i)
Lot Area (minimum)
800 square metres
ii)
Lot Frontage (minimum)
23 metres
iii)
Side Yard Width on Southeast Side (minimum)
0.3 metres
10.4.10 General Commercial-Exception Ten (GC-E10)
Notwithstanding Section 10.1(a) of this By-law to the contrary, for the lands located in the
General Commercial-Exception Ten (GC-E10) Zone in Lot 497, Registered Plan No. 126,
former Village of Cobden, a single detached dwelling shall be an additional permitted use.
The applicable provisions of Section 6.2 (R1 Zone Provisions) shall apply to a single
detached dwelling.
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10.4.11 General Commercial-Exception Eleven (GC-E11)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Lots 488 and 489 and part of Block D, Plan 65, the following shall apply:
i)
Front Yard Depth (minimum)
3.5 metres
ii)
Rear Yard Depth (minimum)
5.0 metres
10.4.12 General Commercial-Exception Twelve (GC-E12)
Notwithstanding Sections 10.1(a) and (b), or any other provision of this By-law to the
contrary, for those lands described as General Commercial - Exception Twelve (GC-E12)
and located Part of Block D, Plan 65, geographic Village of Cobden, a micro brewery, micro-
distillery, and retail store shall be permitted in addition to the other uses in the General
Commercial (GC) Zone.
For the purposes of this subsection:
Micro-Brewery means a small scale brewery dedicated to producing low volumes of craft
beer for sale to establishments and/or liquor stores within a distribution area. Ancillary
permitted uses shall include tasting of beer brewed on-site, brewery tours, merchandise
sales and retail sale of beer brewed on-site for off-site consumption.
Micro-distillery means a small scale distillery dedicated to producing low volumes of spirits
for sale to establishments and/or liquor stores within a distribution area. Ancillary permitted
Uses shall include tasting of spirits distilled on-site, distillery tours, merchandise sales and
retail sale of spirits distilled on-site for off-side consumption.
All other provisions of this By-law shall apply.
10.4.13 General Commercial-Exception Thirteen (GC-13)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in Part of Lot 17, Ross Plan 84, geographic Township of Ross, known municipally as 1190
Haley Road and delineated as General Commercial - Exception Thirteen (GC-E13) on the
Schedule to this By-law, a warehouse shall be a permitted use.
For the purposes of this section, a warehouse shall be defined as a building used for the
storage and distribution of goods and equipment including self-storage units and mini-
warehouses and may include one accessory dwelling unit for a facility manager.
10.5 HOLDING ZONES
10.5.1
General Commercial-Exception Six-holding (GC-E12-h)
Until such time as the holding symbol is removed from lands described as part of Block D,
Plan 65, in the geographic Village of Cobden and delineated as General Commercial-
Exception Twelve-holding (GC-E12-h) on Schedule A to this By-law, in accordance with the
conditions set forth herein, no person shall use land or erect or use a building or structure,
except in accordance with the following:
a) Permitted Uses
-
existing uses in existing locations
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-
open space
-
passive recreation that does not require a building
b) Conditions for removal of Holding Symbol (h)
i)
Site Plan Agreement under Section 41 of the Planning Act between the
Owner and Municipality, registered on title, and including:
a) Site Plan approved by the Municipality
b) Lot Grading and Drainage Plan approved by the Municipality
c) Servicing Plan approved by the Municipality
d) Recommendations from a Serviceability Report approved by the
Municipality
e) Recommendations from a Traffic Impact Study
ii)
Clearance letter from the Ministry of Transportation for the final site plan,
final lot grading and drainage plan and Traffic Impact Study.
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11
REQUIREMENTS FOR CAMPGROUND
COMMERCIAL (CC) ZONES
11.1 PERMITTED USES
No person shall use land or erect or use a building or structure in a Campground Commercial
(CC) Zone except for:
(a)
Residential Uses
-
accessory dwelling unit
(b)
Non-Residential Uses
-
camping establishment
-
cottage establishment
-
convenience store
-
recreational vehicle campground or park
-
marina
-
full service eating establishment
-
take out eating establishment
11.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a Campground
Commercial (CC) Zone except in accordance with the following provisions:
a) Lot Area (minimum)
1.5 hectares
i) Camping establishment, recreational
2750 square metres plus an additional 185
square metres for each campsite in excess
of 4 sites
ii) Cottage establishment
2750 square metres plus an additional 200
square metres of each cottage in excess of
4 cottages
iii) Other permitted uses
2750 square metres
b) Lot Frontage (minimum)
46 metres
c) Front Yard Depth (minimum)
46 metres
d) Side Yard Width (minimum)
6 metres provided that where the side lot
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line abuts a Residential Zone, the minimum
side yard width shall be 9 metres
e) Rear Yard Depth (minimum)
7.5 metres where the rear lot line abuts a
Commercial or Community Facility Zone
and 10.5 metres where the rear lot line
abuts any other zone
f) Building Height (maximum)
10.5 metres
g) Lot Coverage (maximum)
35%
h) Open Storage
in accordance with the provisions for Open
Storage in Section 3 - General Provisions of
this By-law
11.2.1
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3 - General Provisions of this By-law.
11.2.2
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
11.2.3
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
11.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
11.4 EXCEPTION ZONES
11.4.1
Campground Commercial - Exception One (CC-E1)
Ottawa River Flood Plain
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Campground Commercial - Exception One (CC-E1) Zone, no building or structure shall
be erected except in accordance with the Ottawa River Flood Plain requirements in Section
3 - General Provisions of this By-law.
11.4.2
Campground Commercial-Exception Two (CC-E2)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Campground Commercial-Exception Two (CC-E2) Zone within Part of Lot 17,
Concession II, recreational vehicle and trailer sales shall be a permitted use.
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11.4.3
Campground Commercial-Exception Three (CC-E3)
Notwithstanding any other provisions of this By-law to the contrary, the only permitted use
shall be a sewage lagoon associated with the Cedar Haven Tent and Trailer Park.
11.4.4
Campground Commercial - Exception Four - holding (CC-E4-h)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 17, Ross Concession 2, geographic Township of Ross and delineated
as Campground Commercial - Exception Four - holding (CC-E4-h) on the Schedule to this
By-law, the following provisions shall apply:
i)
Permitted Uses
-
a maximum of ten (10) campground sites
-
a second accessory dwelling
-
one (1) recreational vehicle within 60 metres of an Industrial Zone
ii)
Conditions for removal of Holding Symbol (h)
-
Environmental Impact Assessment
-
Archeological Assessment
-
Water Supply and Sewer Disposal Approval
11.5 HOLDING ZONES
(RESERVED)
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12
REQUIREMENTS FOR TOURISM
COMMERCIAL (TC) ZONES
12.1 PERMITTED USES
No person shall use land or erect or use a building or structure in any TC Zone except for:
(a)
Residential Uses
-
Accessory single detached dwelling
-
Staff dormitory dwelling
(b)
Non-Residential Uses
-
retail store
-
camping establishment
-
recreational vehicle campground or park
-
cottage establishment
-
souvenir sales establishment
-
hotel
-
motel
-
passive recreational use
-
active recreational use
-
private park
-
public park
-
storage building
-
marina
-
automobile - gasoline bar
-
full service eating establishment
-
take out eating establishment
-
amusement rides and games
-
place of entertainment
-
riding stables
-
photography and video facility
-
rafting access point
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-
business office accessory to a rafting company
-
eating establishment
12.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a Tourism
Commercial (TC) Zone except in accordance with the following provisions:
a)
Lot Area (minimum)
1.5 hectares
b)
Lot Frontage (minimum)
120 metres
c)
Front Yard Depth (minimum)
10.5 metres
d)
Side Yard Width (minimum)
12 metres
e)
Rear Yard Depth (minimum)
15 metres
f)
Lot Coverage (maximum)
40%
g)
Open Storage
in accordance with the provisions for Open Storage in
Section 3 -General Provisions of this By-law
12.2.1
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3 - General Provisions of this By-law.
12.2.2
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
12.2.3
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
12.2.4
Additional Zone Provisions
In accordance with the provisions for Automobile-Service Station, Commercial Garage, and
Gasoline Bar in Section 3 - General Provisions of this By-law.
12.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
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requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
12.4 EXCEPTION ZONES
12.4.1
Tourism Commercial - Exception One (TC - E1)
Ottawa River Flood Plain
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Tourism Commercial - Exception One (TC-E1) Zone, no building or structure shall be
erected except in accordance with the Ottawa River Flood Plain requirements in Section 3
- General Provisions of this By-law.
12.4.2
Tourism Commercial-Exception Two (TC-E2)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the TC-
E2 Zone and located in Part Lot 2, Concession IX, the only permitted uses shall be:
Residential Uses
-
accessory single detached dwelling
-
staff dormitory dwelling
Non-Residential Uses
-
active recreational use
-
artisan shop or studio
-
business and professional office accessory to a permitted use
-
convenience store
-
cottage establishment
-
eating establishment
-
full-service eating establishment
-
golf course
-
lodge house
-
passive recreational use
-
photography and video facility
-
place of entertainment
-
private park
-
resort
-
retail store
-
riding stables
-
souvenir sales establishment
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-
storage building
12.4.3
Tourism Commercial-Exception Three (TC-E3)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the TC-
E3 Zone described as Part 1 on Reference Plan 49R-13998 and located within Lot 7,
Concession XII, Township of Ross, no person shall erect any building or structure, except
for:
i)
Residential Uses
-
accessory single detached dwelling
ii)
Non-Residential Uses
-
retail store
-
souvenir sales establishment
-
passive recreational use
-
camping establishment
-
private park
-
public park
-
landscaped open space
-
storage building
-
full service eating establishment
-
eating establishment
iii)
Lot Frontage (minimum)
50 metres
12.4.4
Tourism Commercial-Exception Four (TC-E4)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the TC-
E4 Zone and located in Part Lot 2, Concession IX, the following provisions shall apply:
i)
Permitted Uses
-
accessory single detached dwelling
-
artisan shop or studio
-
business and professional office accessory to a permitted use
-
convenience store located within or attached to the lodge house
-
cottage establishment
-
eating establishment located within or attached to the lodge house
-
full-service eating establishment located within or attached to the lodge
house
-
lodge house
-
passive recreational use
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-
photography and video facility located within or attached to the lodge
house
-
place of entertainment
-
private park
-
resort
-
souvenir sales establishment located within or attached to the lodge
house
-
storage building
ii)
Maximum Building Height
10.5 metres
iii)
Setbacks from Top of Bank
No person shall erect any building or structure, including additions, within the
greater of:
60 metres of the top of bank or the limit of the 1:100 year flood elevation as
established by an elevation study. Boat docking and boat launching facilities (but
not boat houses) are exempted from this provision. An elevation survey and plot-
plan prepared by an Ontario Land Surveyor or qualified engineer shall
accompany all applications for building permits to confirm that any buildings or
structures are being built in accordance with the requirements of this Zoning By-
law.
12.4.5
Tourism Commercial-Exception Five (TC-E5)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the TC-E5
Zone located within Lot 14, Concession X, Township of Ross, no person shall erect any
building or structure, except for:
Residential Uses
-
prohibited
Non-Residential Uses
-
camping establishment
-
cottage establishment
-
passive recreational use
-
active recreational use
-
private park
-
public park
-
riding stables
-
Uses, buildings and structures which are accessory to the foregoing
permitted uses.
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12.4.6
Tourism Commercial - Exception Six (TC-E6)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the TC-
E6 Zone and located within Lot 13, Concession II, Township of Ross, the minimum lot
frontage shall be 110 metres.
12.4.7
Tourism Commercial - Exception Seven (TC-E7)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the TC-
E7 Zone and located within Lot 13, Concession II, Township of Ross, in addition to the
normal uses permitted in the TC Zone a museum, single detached, and semi-detached
dwellings shall also be permitted. The maximum number of single detached or semi-
detached dwellings permitted (i.e., the number of single detached dwellings or semi-
detached dwellings containing 2 dwelling units) shall be 27.
The following provisions shall also apply:
i)
No dwelling shall be erected within 90 metres of any Extractive Industrial Reserve
(EMR) Zone.
ii)
Section 3.4 of the Lots to Front On Streets provisions of the By-law does not apply
where there is an agreement registered on title between the owner of the subject
lands and the Township regarding the dedication and assumption of a municipal
street.
12.4.8
Tourism Commercial - Exception Eight (TC-E8)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the TC-
E8 zone on the Schedule to this By-law and located within Part of Lot 14, Concession 10,
Former Township of Ross, the minimum water setback from the high water mark shall be
22 metres.
12.4.9
Tourism Commercial - Exception Nine (TC-E9)
Notwithstanding Sections 13.1(a) and (b), or any other provision of this By-law, for those
lands located in part of Lot 12, Concession 10 and Part of Lots 12 & 13, Concession 11,
geographic Township of Ross, and delineated as Tourist Commercial-Exception Nine (TC-
E9) on the Schedule to this By-law, the following uses shall be permitted as additional uses:
Residential Uses
-
single detached dwellings
-
lodge type dwellings
Non-Residential Uses
-
resort
-
lodge
-
bed and breakfast establishment
-
tourist establishment
-
boat launch
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-
snowboarding and tubing
-
ski and snowboard surface lift*
12.4.10 Tourism Commercial - Exception Ten (TC-E10)
Notwithstanding any provisions of this By-law to the contrary, for those lands located in part
of Lot 13, Concession 11, geographic Township of Ross, and delineated as Tourism
Commercial-Exception Ten (TC-E10) on the Schedule to this By-law the following provisions
and definitions shall apply:
i)
Lots to Front on Streets
Buildings or structures may be erected or used on a lot in a TC-E10 Zone provided such
lot fronts on a Township owned fire access route and has access by means of a private
road or a general right-of-way over lands known as the Wilderness Tours located within
Lot 12, and Parts of Lots 13 and 14, Concession 10, in the geographic Township of Ross.
ii)
Zone Provisions for Permitted Uses
a) Lot Frontage (minimum)
30 metres
b) Front Yard Depth (minimum)
7.5 metres
c) Setbacks from all other property lines (minimum)
1.0 metre
d) Parking (minimum)
One (1) space per cottage unit.
iii)
Ottawa River Flood Plain
No building or structure shall be erected except in accordance with the Ottawa River
Flood Plain requirements in Section 3 - General Provisions of this By-law.
iv)
Definitions
LOT LINE, FRONT means the lot line that divides the lot from a fire access route owned
by the Township of Whitewater Region.
LOT FRONTAGE means the distance measured along the front lot line.
12.4.11 Tourism Commercial - Exception Eleven (TC-E11)
Notwithstanding Section 13.2(b) of this By-law to the contrary, for those lands located in
part of Lot 7, Concession 12, geographic Township of Ross, located on Grants Settlement
Road and delineated as Tourism Commercial-Exception Eleven (TC-E11) on the Schedule
to this By-law, the minimum required lot frontage shall be 95 metres.
12.4.12 Tourism Commercial - Exception Twelve (TC-E12)
Notwithstanding sections 9.1(a) and 9.1(b) to the contrary, for those lands described as part
of lot 27, E.F.B, Township of Westmeath and delineated Tourism Commercial - Exception
Twelve (TC-E12) on the Schedule to this By-law a raft launching site shall be the only
permitted use.
12.4.13 Tourism Commercial - Exception Thirteen (TC-E13)
Notwithstanding sections 9.1(a) and 9.1(b) to the contrary, for those lands described as part
of Lot 28, E.F.B, Township of Westmeath and delineated Tourism Commercial - Exception
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Thirteen (TC-E13) on the Schedule to this By-law a raft launching site and an accessory
single detached dwelling shall be the only permitted uses.
12.4.14 Tourism Commercial - Exception Fourteen (TC-E14)
Notwithstanding sections 9.1(a) and 9.1(b) to the contrary, for those lands described as part
of lot 29, E.F.B, Township of Westmeath and delineated Tourism Commercial - Exception
Fourteen (TC-E14) on the Schedule to this By-law a raft launching site, *farm* and a single
detached dwelling shall be the only permitted uses.
12.4.15 Tourism Commercial - Exception Fifteen (TC-E15)
Notwithstanding sections 9.1 (a) and (b) to the contrary, for those lands described as part of
Lot 30, E.F.B., Township of Westmeath (and more particularly described as Part 1 on
Reference Plan 49R-5050, Part 1 on Reference Plan 49R-5052 and Part 2 on Reference Plan
49R-5118) and delineated Tourism Commercial - Exception Fifteen (TC-E15) on the Schedule
to this By-law, the only permitted uses shall be a raft launching site and an accessory seasonal
retail outlet which sells items, articles or merchandise that are accessory to a raft launching site.
Items, articles or merchandise that are accessory to a raft launching site include, but are not
limited to, kayaks, canoes, paddles and paddling accessories, personal flotation devices,
helmets skirts, raincoats, and personal items such as sunscreen and nose plugs. An
accessory seasonal retail outlet does not include any other use defined in this bylaw.
The accessory seasonal retail outlet shall be permitted to operate out of a building or a
mobile trailer provided the mobile trailer is no larger than 53 square metres. The accessory
seasonal retail outlet shall be permitted to operate only during the months of May through
to September each calendar year. Prior to the issuance of a building permit for a building a
site plan shall be required.
12.4.16 Tourism Commercial - Exception Sixteen (TC-E16)
Notwithstanding any other provision of this By-law to the contrary, for the lands located
within the TC-E5 Zone in part of Lots 1 and 2, Concession 9 E.M.L., geographic Township
of Westmeath, the following shall be the only permitted uses:
-
bar
-
bed and breakfast establishment
-
cabin establishment
-
camping establishment
-
climbing wall/structure
-
eating establishment
-
motel
-
passive recreation
-
recreational vehicle campground
-
retail store
-
shower facilities
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-
shuttle service
-
accessory uses, buildings and structures
For the purpose of the TC-E16 Zone, the following definitions shall apply:
BAR means an establishment which offers the sale of liquor and which is licensed in
accordance with the relevant statutes.
CLIMBING WALL/STRUCTURE means an area of land, building or structure used for
climbing.
SHOWER FACILITIES means a building equipped with showers.
SHUTTLE SERVICE means an area of land, building or structure for the shuttling of guests
to and from the property.
12.4.17 Tourism Commercial - Exception Seventeen (TC-E17)
Notwithstanding Section 9.1 (a) and (b), or any other provision of this By-law, for those lands
located in part of Lot 4, Concession 9, geographic Township of Westmeath, and delineated
as Tourism Commercial-Exception Seventeen (TC-E17) on the Schedule to this By-law, the
following uses shall be permitted as additional uses:
Residential Uses:
-
single detached dwellings
Non-Residential Uses:
-
lodge houses
-
kayak and raft launching facilities
-
business office
-
photo and video facility
12.4.18 Tourism Commercial - Exception Eighteen (TC-E18)
Notwithstanding Section 9.1 (a) and (b), or any other provision of this By-law, for those lands
located in part of Lot 4, Concession 9, geographic Township of Westmeath, and delineated
as Tourism Commercial-Exception Eighteen (TC-E18) on the Schedule to this By-law, the
following uses shall be permitted as additional uses:
Residential Uses:
-
Prohibited
Non-Residential Uses:
-
lodge houses
-
kayak and raft launching facilities
-
business office
-
photo and video facility
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12.4.19 Tourism Commercial - Exception Nineteen (TC-E19)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Tourism-Commercial Reserve-Exception Nineteen (TC-E19) Zone, within Part of Lot 5,
Concession 10, former Township of Ross, a rafting access point, and a wilderness camping
establishment shall be permitted uses.
For the purposes of this subsection, a wilderness camping establishment shall be defined
as follows:
Wilderness Camping Establishment means a tourist establishment consisting of at least five
camping lots and comprising land used or maintained as grounds for tent camping and
related accessory uses, buildings or structures.
12.4.20 Tourism Commercial - Exception Twenty (TC-E20)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 7, Ross Concession 13, geographic Township of Ross and delineated
as Tourism Commercial - Exception Twenty (TC-E20) on the Schedule to this By-law, the
following additional uses shall be permitted:
Residential Uses:
-
Lodge (Lodge House)
Non-Residential Uses:
-
Assembly Hall
-
Assembly Hall (Event Pavilion)
-
Church
-
Craft Brewery
-
Craft Distillery
-
Forestry
-
Outdoor Education Centre
-
Outdoor Recreational Use
-
Personal Service Shop
-
Resort
-
Studio (Yoga)
-
Winery and Vineyard
For the purposes of this section:
Assembly (Event Pavilion) means a building which is specifically used for events such as
wedding ceremonies, wedding receptions, corporate retreats and related events,
banquets, and other similar activities. A church may be permitted as an accessory use to an
Event Pavilion.
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Craft Brewery means a small scale brewery dedicated to producing low volumes of craft
beer for sale to establishments and/or liquor stores within a distribution area. Ancillary
permitted uses shall include tasting of beer brewed on-site, brewery tours, merchandise
sales and retail sale of beer brewed on-site for off-site consumption. All other provisions of
this By-law shall apply.
Craft Distillery means a small scale distillery dedicated to producing low volumes of spirits
for sale to establishments and/or liquor stores within a distribution area. Ancillary permitted
uses shall include tasting of spirits distilled on-site, distillery tours, merchandise sales and
retail sale of spirits distilled on-site for off-site consumption. All other provisions of this By-
law shall apply.
Outdoor Education Centre means the use of land, water and/or building(s) for the purposes
of outdoor and environmental education for corporate, forestry, search and rescue, military,
police, fire, and similar uses, and includes trails, school programs and an outdoor education
centre building or structure.
Outdoor Recreational Use means the use of land, water and/or building(s) for the purposes
of operating activities such as water sports, canopy tours, aerial parks, rope courses, zip
lines, bungee jumping, mountain biking, kayaking, and similar uses, together with
accessory buildings and/or structures, but shall not include a theme park.
Personal Service Shop means a service is performed for the personal grooming and
personal effects or clothing of the consumer, including a hair styling salon, tattoo and
piercing parlours, spa, tanning salon, shoe repair shop, dry cleaning outlet and accessory
dry-cleaning equipment, laundromat, tailor shop or dressmaker shop, or massage therapy
service, but excluding a body rub parlour.
Studio (Yoga) means a building or structure which provides instruction or study of yoga,
dancing and other similar uses.
Winery and Vineyard means a building or structure, in whole or in part, used for the purpose
of producing wine and shall include storage, display, processing, wine tasting, an outdoor
patio area, commercial kitchen, and dining facility. Agricultural uses, including a vineyard,
relating to the production of wine shall also be permitted.
12.4.21 Tourism Commercial - Exception Twenty-One (TC-E21)
Notwithstanding Section 3.3(d) of this By-law to the contrary, for those lands located in part
of Lots 14, Concession 10, geographic Township of Ross, located on Rafting Road and
delineated as Tourism Commercial-Exception Twenty-One (TC-E21) on the Schedule to this
By-law, the minimum required water setback shall be 22 metres.
12.5 HOLDING ZONES
12.5.1
Tourism Commercial - Exception Seven - Holding (TC-E7-h)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the TC-
E7-h Zone and located within Lot 13, Concession II, Township of Ross, the only permitted
uses shall be those that existed at the time of the passing of the By- law, open space and
landscaped open space uses and parks.
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The holding symbol will only be considered for removal after the owner and the Township
have entered into a Site Plan Agreement. When the holding symbol has been removed, the
zone provisions of the TC-E7 Zone shall apply.
12.5.2
TC-E16-h (Part of Lots 1 and 2, Concession 9 E.M.L.)
Until such time that the holding symbol is removed from any of the land in this location
zoned TC-E16-h, in accordance with the conditions set forth herein, no person shall use land
or erect or use a building or structure except in accordance with the following:
i)
Permitted Uses
-
existing uses in existing locations
-
open space
-
passive recreation that does not require a building
ii)
Conditions for removal of Holding Symbol (h)
The conditions that must be satisfied prior to the removal of the holding symbol
are:
i.
The submission to the Municipality of a site plan pursuant to Section 41 of
the Planning Act for the development permitted under the TC- E5 Zone
and the holding of a public meeting to seek input on the site plan. Council
will determine what changes, if any, it requires to the site plan and advise
the proponent accordingly. Council then gives final approval to the site
plan whereupon a site plan agreement under Section 41 of the Planning
Act is executed and registered on title; and,
ii.
The proponent demonstrates, to Council's satisfaction, that the servicing
systems (sewage and water systems) shown on the site plan meet the
requirements of the approval authority.
iii.
The submission to the Municipality of a cultural heritage assessment in
accordance with the requirements of the Ministry of Culture. A clearance
letter from the Ministry approving this study is required.
12.5.3
Tourism Commercial - Exception Seventeen-holding (TC-E17-h)
(Part Lot 9, Concession 4)
Until such time that the holding symbol is removed from any of the land located in the TC-
E17-h Zone, the only permitted uses shall be existing uses in existing location, open space,
and passive recreation that does not require a building.
In order to remove the holding symbol and permit the uses under the TC-E6 Zone, the
following condition must be met:
That a site plan and site plan agreement be approved under Section 41 of the Planning Act
and registered on title. The site plan is to include and assessment by a qualified person
regarding the environmental issues related to the property.
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12.5.4
Tourism Commercial - Exception Twenty-holding (TC-E20-h) (Part Lot 9,
Conc. 4)
Until such time as the holding symbol is removed from lands described as Part of Lot 7,
Ross Concession 13, in the geographic Township of Ross and delineated as Tourism
Commercial - Exception Twenty - holding (TC-E20-h) on the Schedule to this By-law, in
accordance with the conditions set forth herein, no person shall use land or erect or use a
building or structure, except in accordance with the following:
i)
Permitted Uses
- Open Space;
- Trails;
- Passive recreation that does not require a building; and
- Tent camping.
For the purposes of this subsection, tent camping shall be defined as the use of
grounds for tent camping and is not serviced.
ii)
Conditions for Removal of Holding Symbol (h)
(a) Site Plan Agreement under Section 41 of the Planning Act between the Owner
and Municipality, registered on title, and including:
i. Site Plan Control Approval; and
ii. Environmental Impact Assessment
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13
REQUIREMENTS FOR MIXED USE
COMMERCIAL (MC) ZONES
13.1 PERMITTED USES
No person shall use land or erect or use a building or structure in a Mixed Use Commercial (MC)
Zone except for:
(a)
Residential Uses
-
existing single detached dwelling
-
an existing duplex dwelling
-
a triplex dwelling
-
boarding or lodging house
-
apartment dwelling
-
accessory dwelling units over permitted commercial uses except for
defined automotive uses
(b)
Non-Residential Uses
-
assembly hall
-
automobile service station
-
business and professional office
-
banks and other financial institutions
-
brewers retail store
-
car wash
-
church
-
clinic
-
commercial club
-
convenience store
-
eating establishment
-
funeral home
-
hotel
-
liquor store
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-
municipal offices and buildings including fire halls, libraries, police station,
post office and other administrative offices of the Corporation, the County
of Renfrew, the Province or the Dominion of Canada.
-
private club
-
retail stores, including those whose products are manufactured on the
premises, provided that the space devoted to such manufacturing does
not exceed 50% of the total floor area.
-
shopping plaza
-
shopping centre
-
service shops, including those whose products are manufactured on the
premises, provided that the space devoted to such manufacturing does
not exceed 50% of the total floor area.
-
taxi stand
-
theatre
-
existing bus line establishment
-
Uses, buildings and structures which are accessory to the foregoing.
13.2 ZONE PROVISIONS
i. Lot Area (minimum)
Nil
ii. Lot Frontage (minimum)
6 metres
iii. Front Yard Depth (minimum)
3 metres or in line with the existing
established building line on the lot
iv. Rear Yard Depth (minimum)
7.5 metres
v. Side Yard Width (minimum)
Nil
vi. Lot Coverage (maximum)
70%
iii)
Building Height (maximum)
12 metres
13.2.1
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3 - General Provisions of this By-law, except where an agreement for the payment of cash-
in-lieu of parking has been executed with the municipality.
13.2.2
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
13.2.3
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
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13.3 EXCEPTION ZONES
13.3.1
Mixed Use Commercial - Exception One (MC-E1)
Notwithstanding any provision of this By-law to the contrary, for the lands located within the
Mixed-Use Commercial-Exception One (MC-E1) Zone; located on Lots 364 and 365, Plan
65 known as 54 Main St. the rear yard depth shall be 3 metres.
13.3.2
Mixed Use Commercial - Exception Two (MC-E2)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Mixed Use Commercial - Exception Two (MC-E2) Zone in part of Lots 263, 264 and 265,
Registered Plan No. 65, former Village of Cobden (Civic address 13 Crawford Street and 2
Simpson Street) the only permitted uses are a cabinet manufacturing business and two
accessory dwelling units. For the purposes of this zone, a cabinet manufacturing business
means "land, buildings or structures where cabinets are made and includes an office and
showroom."
Where an existing building or structure does not conform to the required setback from lot
lines, it shall be deemed to conform to the Zoning By-law.
13.3.3
Mixed Use Commercial - Exception Three (MC-E3)
Notwithstanding Section 11.1(a) of this By-law to the contrary, for the lands located in the
Mixed Use Commercial-Exception Three (MC-E3) Zone in part of Lots 57, 58 and 60,
Registered Plan No. 65, former Village of Cobden, two residential units shall be permitted
in the existing single detached dwelling.
13.3.4
Mixed Use Commercial - Exception Four (MC-E4)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the MC-E4 Zone in part of Block G, Plan No. 65, geographic Village of Cobden, the
following provisions shall apply:
i)
An automobile service station shall be prohibited;
ii)
A gasoline bar is permitted. A gasoline bar means one or more pump islands,
each consisting of one or more gasoline pumps. The repair of motor vehicles is
not permitted.
iii)
A minimum side yard width of 3 metres shall be required;
iv)
A trailer to be used as a convenience store is permitted;
v)
A minimum of 4 parking spaces shall be required for a convenience store.
vi)
A site plan shall be required.
13.3.5
Mixed Use Commercial - Exception Five (MC-E5)
Notwithstanding Sections 11.1(a) and 11.2, or any other provision of this By-law to the
contrary, for those lands described as Lot 169, Plan 65, geographic Village of Cobden (and
known municipally as 36 Crawford Street), the existing building may be converted to a
single detached dwelling defined by this By-law as a "Single Detached Dwelling," and no
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expansions shall be permitted to the building footprint existing at the time of passing of this
By-law.
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14
REQUIREMENTS FOR GENERAL
INDUSTRIAL (GM) ZONES
14.1 PERMITTED USES
No person shall use land or erect or use a building or structure in a General Industrial (GM) Zone
except for:
-
body shop
-
commercial garage
-
contractor's yard or shop
-
logging contractor
-
manufacturing plant
-
fuel storage tank
-
factory outlet
-
warehouse
-
business office accessory to a permitted use
14.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a General Industrial
(GM) Zone except in accordance with the following provisions:
i. Lot Area (minimum)
4,000 square metres
ii. Yards (minimum)
Abutting Industrial Zone
Abutting Any Other Zone
i)
Front Yard Depth
15 metres
22 metres
ii)
Side Yard Depth
3 metres
22 metres
iii)
Rear Yard Depth
9 metres
22 metres
Provided that no side or rear yard is required along any
portion of a lot line which abuts a railroad right-of-way.
iii.
Lot Frontage (minimum)
35 metres
iv.
Lot Coverage (maximum) 50%
v.
Dwelling Unit Area
(minimum)
65 square metres
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vi.
Open Storage
in accordance with the provisions for Open Storage in
Section 3 - General Provisions of this By-law.
14.2.1
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3 - General Provisions of this By-law.
14.2.2
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
14.2.3
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
14.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
14.4 EXCEPTION ZONES
14.4.1
General Industrial - Exception One (GM-E1)
Ottawa River Flood Plain
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the General Industrial - Exception One (GM-E1) Zone, no building or structure may be
erected except in accordance with the Ottawa River Flood Plain Requirements in Section 3
- General Provisions of this By-law.
14.4.2
General Industrial - Exception Two (GM-E2)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the General Industrial - Exception Two (GM-E2) Zone, within Part of Lot 19, Concession I, an
open storage of wood products shall be permitted in the front and side yards.
14.4.3
General Industrial - Exception Three (GM-E3)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the General Industrial - Exception Three (GM-E3) Zone, within Part of Lot 22, Concession IV, a
salvage yard shall be a permitted use.
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14.4.4
General Industrial - Exception Four (GM-E4)
Notwithstanding Section 15.1(a) and (b), or any other provision of this By-law, for those lands
located in part of Lot 20, Concession 4, geographic Township of Ross, known municipally
as 1142 Magnesium Road and delineated as General Industrial- Exception Four (GM-E4) on
the Schedule to this By-law, a helicopter maintenance facility shall be a permitted use, and
the existing playfields shall continue to be permitted. All the other uses in the GM Zone,
except manufacturing plant and fuel storage tank, shall be permitted.
For the purposes of this subsection, a helicopter maintenance facility shall be defined as a
building or part of a building used for the repair of helicopters and shall include a helicopter
pad.
14.4.5
General Industrial-Exception Five (GM-E5)
Notwithstanding anything in this By-law to the contrary, for those lands described as part of
Lots 26 and 27, Concession B and delineated as General Industrial-Exception Five (GM-E5)
on the Schedule to this By-law, a salvage yard shall be a permitted use in compliance with the
zone provisions of this zone, excepting, however, that the following provisions shall apply:
i)
Lot Area (minimum)
1,000 square metres
ii)
Rear Yard Depth (minimum)
20 metres
iii)
Side Yard Width (minimum)
7.5 metres abutting an Industrial Zone
iv)
A minimum 3.0 metre buffer strip shall be required along any portion of a side
lot line or rear lot line which abuts any zone other than an industrial zone.
14.4.6
General Industrial-Exception Six (GM-E6)
Notwithstanding Section 13.1(b), or any other provision of this By-law, for those lands
located in part of Lot 27, Concession B, E.M.L., and described more particularly as Part 1,
on Plan 49R-7480, geographic Township of Westmeath, and delineated as General
Industrial-Exception Six (GM-E6) on the Schedule to this By-law, a mini storage
establishment shall be an additional permitted use.
14.4.7
General Industrial-Exception Seven (GM-E7)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
at 18391 Highway 17 and described as being Part of Lot 1, Concession 1 WML, geographic
Township of Westmeath, and delineated as General Industrial - Exception Seven (GM-E7),
as shown on the Schedule to this By-law, a building supply store shall be an additional
permitted use.
14.4.8
General Industrial-Exception Eight (GM-E8)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 27, Concession B EML, Greenwood Road, geographic Township of
Westmeath and delineated as General Industrial - Exception Eight (GM-E8), as shown on
the Schedule to this By-law, the use of the outdoor cultivation of cannabis (the outdoor
growing and harvesting of cannabis crops), storage establishment and outdoor storage
shall be permitted.
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14.4.9
General Industrial-Exception Nine (GM-E9)
Notwithstanding any other provision of this By-law, for those lands located in part of Lot 27,
Concession B, E.M.L., geographic Township of Westmeath, and delineated as General
Industrial - Exception Nine (GM-E9) on the Schedule to this By-law, a transfer station shall
be a permitted use.
For the purposes of this subsection, a transfer station shall be defined as:
a) Any land upon, into, in or through which, or building or structure in which,
recyclables, stewardship designated materials or waste is deposited, disposed
of, handled, stored, transferred, treated or processed, and
b) Any operation carried out or machinery or equipment use in connection with the
depositing, disposal, handling, storage, transfer, treatment or processing
referred to in clause (a).
14.4.10 General Industrial-Exception Ten (GM-E10)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Lot 27, Concession B, E.M.L., Greenwood Road and 118 Industrial Park Road
geographic Township of Westmeath and delineated as General Industrial-Exception Ten
(GM-E10), as shown on the Schedule to this By-law, the use of the outdoor cultivation of
cannabis (the outdoor growing and harvesting of cannabis crops) shall be permitted and
the following provisions shall apply:
i)
No outdoor cultivation of cannabis shall be located within one hundred and fifty
(150) metres from an existing dwelling
14.4.11 General Industrial-Exception Eleven (GM-E11)
Notwithstanding Section 13.1 (b), or any other provision of this By-law, for those lands
located in Part of Lot 27, Concession B, East of Muskrat Lake, and described more
particularly as Part 3 on Plan 49R-17828, geographic Township of Westmeath, and
delineated as General Industrial - Exception 5 (GM-E5) on the Schedule to this By-law, a
Mini Storage Establishment shall be an additional permitted use in compliance with the
zone provisions of this zone, excepting, however that the following provisions shall apply:
i)
Front Yard Depth (minimum) abutting another Zone
22 metres
14.5 HOLDING ZONES
14.5.1
General Industrial - Exception Eight- holding (GM-E8-h)
Until such time that the holding symbol is removed from any of the land delineated as
General Industrial - Exception Eight - holding (GM-E8-h), as shown on the Schedule to this
By -law, in accordance with the conditions set forth herein, no person shall use land or erect
or use a building or structure except in accordance with the following:
i)
Permitted Uses
-
uses permitted in Section 14.1(a) and 14.1(b).
-
storage establishment
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-
outdoor storage
ii)
Conditions for removal of Holding Symbol (h)
The conditions that must be satisfied prior to the removal of the holding symbol
are:
-
The proponent demonstrates, to Council's satisfaction, that the
appropriate federal and/or provincial licensing has been obtained; and
-
The proponent has entered into a Site Plan Agreement with the Township.
14.5.2
General Industrial - Exception Ten - holding (GM-E10-h)
Until such time that the holding symbol is removed from any of the land delineated as
General Industrial - Exception Ten - holding (GM-E10-h), as shown on the Schedule to this
By-law, in accordance with the conditions set forth herein, no person shall use land or erect
or use a building or structure except in accordance with the following:
i)
Permitted Uses
-
Existing uses in existing locations
-
Open space
-
Passive recreation that does not require a building
ii)
Conditions for removal of Holding Symbol (h)
The conditions that must be satisfied prior to the removal of the holding symbol
are:
-
The proponent demonstrates, to Council's satisfaction, that the
appropriate federal and/or provincial licensing has been obtained; and
-
The proponent has entered into a Site Plan Agreement with the Township.
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15
REQUIREMENTS FOR
MINING INDUSTRIAL (MM) ZONES
15.1 PERMITTED USES
No person shall use land or erect or use a building or structure in any MM Zone except for:
-
warehouse
-
manufacturing plant
-
mine
-
mining
-
factory outlet
-
tailings and slag piles
-
forestry
-
farm
-
recreational use, passive
-
business office accessory to a permitted use
15.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a Mining Industrial
(MM) Zone except in accordance with the following provisions:
a) Lot Area (minimum)
2.0 hectares
b) Yards (minimum)
Abutting Industrial Zone
Abutting Any Other Zone
i) Front Yard Depth
30 metres
45 metres
ii)
Side Yard Depth
3 metres
45 metres
iii)
Rear Yard Depth
9 metres
45 metres
Provided that no side or rear yard is required along any
portion of a lot line which abuts a railroad right-of-way.
c) Lot Frontage (minimum)
35 metres
d) Lot Coverage (maximum) 50%
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15.0 REQUIREMENTS FOR MINING INDUSTRIAL (MM) ZONES
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e) Dwelling Unit Area
(minimum)
65 square metres
f) Open Storage
in accordance with the provisions for Open Storage in
Section 3 - General Provisions of this By-law.
15.2.1
Buffer Strip
No land in a Mining Industrial (MM) Zone shall be used for any other purpose than a buffer
strip within:
i)
forty-five (45) metres of any zone other than an industrial zone, and
ii)
thirty (30) metres of any street line.
15.2.2
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3 - General Provisions of this By-law.
15.2.3
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
15.2.4
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
15.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
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16.0 REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL (EM) ZONES
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16
REQUIREMENTS FOR EXTRACTIVE
INDUSTRIAL (EM) ZONES
16.1 PERMITTED USES
No person shall use land or erect or use a building or structure in an Extractive Industrial (EM)
Zone except for:
-
extractive industrial facility
-
pit
-
quarry
16.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure within an Extractive
Industrial (EM) Zone except in accordance with the following provisions:
a) Yards (minimum)
Abutting Industrial Zone
Abutting Any Other Zone
i) Front Yard Depth
22 metres
30 metres
ii) Side Yard Depth
15 metres
30 metres
iii) Rear Yard Depth
15 metres
30 metres
b) Lot Frontage (minimum)
35 metres
c) Open Storage
in accordance with the provisions for Open Storage in
Section 3 - General Provisions of this By-law.
16.2.1
Buffer Strip
No land in an Extractive Industrial (EM) Zone shall be used for any other purpose than a buffer
strip within:
i)
thirty (30) metres of any zone other than an industrial zone, and
ii)
twenty-two (22) metres of any street line.
16.2.2
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3 - General Provisions of this By-law.
16.2.3
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
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16.2.4
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
16.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
16.4 EXCEPTION ZONES
16.4.1
Extractive Industrial-Exception One (EM-E1)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Extractive Industrial-Exception One (EM-E1) Zone, within Part of Lot 4, Concession VI, a
sawmill shall be a permitted use. The wholesale and retail sale of wood products shall not
be permitted.
16.4.2
Extractive Industrial-Exception Two (EM-E2)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Extractive Industrial-Exception Two (EM-E2) Zone, within Part of Lot 4, Concession VI, a
sawmill shall be permitted. The wholesale and retail sale of wood products shall also be
permitted. The buildings and structures associated with the sawmill and sale of wood
products shall not be permanently affixed to the site but shall be capable of being
dismantled and removed if and when that is required.
16.5 HOLDING ZONES
(Reserved)
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17.0 REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL RESERVE (EMR-SG) ZONES
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17
REQUIREMENTS FOR EXTRACTIVE
INDUSTRIAL RESERVE -
SAND & GRAVEL (EMR-SG) ZONES
17.1 PERMITTED USES
No person shall use land or erect or use a building or structure in an Extractive Industrial Reserve
(EMR) Zone except for:
(a)
Residential Uses
-
Single detached dwelling existing at the time of passing of the by-law.
(b)
Non-Residential Uses
-
limited farm
-
non-residential uses existing at the time of passing of this By-law
-
passive recreation
-
forestry
17.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure within an Extractive
Industrial Reserve (EMR) Zone except in accordance with the following provisions:
a) Front Yard Depth (minimum)
10.5 metres
b) Side Yard Width (minimum)
3 metres
c) Rear Yard Depth (minimum)
15 metres
17.2.1
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
17.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
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17.0 REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL RESERVE (EMR-SG) ZONES
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17.4 EXCEPTION ZONES
17.4.1
Extractive Industrial Reserve - Sand and Gravel-Exception One (EMR-SG-
E1)
Notwithstanding any provisions of this By-law to the contrary, for those lands located in Part of
Lot 2, Concession 4, East of Muskrat Lake, geographic Township of Westmeath and know
municipally as 819 Beachburg Road, and delineated as Extractive Industrial Reserve-
Exception One (EMR-E1) on the Schedule, to this By-law, a solar photovoltaic electricity
generation facility shall be a permitted use in addition to the other uses normally permitted
in the EMR Zone. A solar photovoltaic electricity generation facility is defined as a facility
consisting of multiple rows of ground-mounted photovoltaic panels and related structures,
the purpose of which is to generate electrical power from solar energy for transmission to the
existing electrical grid.
17.4.2
Extractive Industrial Reserve - Sand and Gravel-Exception Two (EMR-SG-
E2)
Notwithstanding any other provision of this By-law, for those lands located in Part of Lot 4,
Concession 4, E.M.L., geographic Township of Westmeath, and delineated as Extractive
Industrial Reserve-Exception Two (EMR-E2) on the Schedule to this By-law, a single detached
dwelling shall be a permitted use subject to the following provisions:
a) Development setback from an Extractive Industrial Zone (minimum) 25 metres
b) Front Yard Depth (minimum)
7.5
metres
c) Rear Yard Depth (minimum)
30
metres
All other provisions of this By-law shall apply.
17.4.3
Extractive Industrial Reserve - Sand and Gravel-Exception Three (EMR-
E3)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Extractive Industrial Reserve-Exception Three (EMR-E3) Zone, within Part of Lot 22,
Concession III, a dwelling unit shall be a permitted use.
17.5 HOLDING ZONES
(Reserved)
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18.0 REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL RESERVE (EMR-B) ZONES
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18
REQUIREMENTS FOR EXTRACTIVE
INDUSTRIAL RESERVE -
BEDROCK (EMR-B) ZONES
18.1 PERMITTED USES
No person shall use land or erect or use a building or structure in an Extractive Industrial Reserve
(EMR) Zone except for:
(a)
Residential Uses
-
Single detached dwelling existing at the time of passing of the by-law.
(b)
Non-Residential Uses
-
limited farm
-
non-residential uses existing at the time of passing of this By-law
-
passive recreation
-
forestry
18.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure within an Extractive
Industrial Reserve (EMR) Zone except in accordance with the following provisions:
a) Front Yard Depth (minimum)
10.5 metres
b) Side Yard Width (minimum)
3 metres
c) Rear Yard Depth (minimum)
15 metres
18.2.1
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
18.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
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18.4 EXCEPTION ZONES
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19.0 REQUIREMENTS FOR DISPOSAL INDUSTRIAL (DM) ZONES
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19
REQUIREMENTS FOR DISPOSAL
INDUSTRIAL (DM) ZONES
19.1 PERMITTED USES
No person shall use land or erect or use a building or structure in a Disposal Industrial (DM) Zone
except for:
(a)
Residential Uses
-
prohibited
(b)
Non-Residential uses
-
salvage yard
-
waste disposal site
19.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a Disposal Industrial
(DM) Zone except in accordance with the following provisions:
a)
Yards (minimum)
Abutting Industrial Zone
Abutting Any Other Zone
i)
Front Yard Depth
22 metres
30 metres
ii) Side Yard Depth
15 metres
30 metres
iii) Rear Yard Depth
15 metres
30 metres
b) Open Storage
in accordance with the provisions for Open Storage in
Section 3 - General Provisions of this By-law.
19.2.1
Buffer Strip
No land in any Disposal Industrial (DM) Zone shall be used for any other purpose than a buffer
strip within:
i)
thirty (30) metres of any zone other than an industrial zone, and
ii)
twenty-two (22) metres of any street line.
19.2.2
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section 3
- General Provisions of this By-law.
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19.0 REQUIREMENTS FOR DISPOSAL INDUSTRIAL (DM) ZONES
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19.2.3
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
19.2.4
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
19.2.5
Abandoned or Rehabilitated
No building shall be erected or constructed on a waste disposal site that has been
abandoned or rehabilitated.
19.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
19.4 EXCEPTION ZONES
(Reserved)
19.5 HOLDING ZONES
(Reserved)
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20.0 REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONES
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20
REQUIREMENTS FOR COMMUNITY
FACILITY (CF) ZONES
20.1 PERMITTED USES
No person shall use land or erect or use a building or structure in a Community Facility (CF) Zone
except for:
(a)
Residential Uses
-
Accessory single detached dwelling
(b)
Non-Residential Uses
-
assembly hall
-
community centre
-
clinic
-
hospital
-
cemetery
-
public garage
-
public utility
-
church
-
schools
-
recreation, active
-
recreation, passive
-
public park
-
private park
-
private club
-
forestry
-
public building
20.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a Community Facility
(CF) Zone except in accordance with the following provisions:
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20.0 REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONES
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a)
Lot Area (minimum)
i) On full municipal services
300 m2
ii) On private services (well and septic)
4,000 m2
b) Lot Frontage (minimum)
i)
On
full
municipal
services
15 metres
15 metres
ii) On private services (well and septic)
45 metres
c) Front Yard Depth (minimum)
i) On full municipal services
7.5 metres
ii) On private services (well and septic)
10.5 metres
d) Side Yard Width (minimum)
i) On full municipal services
3 metres
ii) On private services (well and septic)
5 metres of ½ the height of the building
whichever is greater
e) Rear Yard Depth (minimum)
i) On full municipal services
7.5 metres
ii) On private services (well and septic)
f) Lot Coverage (maximum)
i) On full municipal services
50%
ii) On private services (well and septic)
25%
g) Building Height (maximum)
10.5 metres
h) Open Storage
in accordance with the provisions for Open
Storage in Section 3 General Provisions of
this By-law
20.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
20.4 EXCEPTION ZONES
20.4.1
Community Facility - Exception One (CF-E1)
Ottawa River Flood Plain
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20.0 REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONES
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Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Community Facility - Exception One (CF-E1) Zone no buildings or structures may be
erected except in accordance with the Ottawa River Flood Plain requirements in Section 3 -
General Provisions of this By-law.
20.4.2
Community Facility - Exception Two (CF-E2)
Notwithstanding Section 20.1(a) and (b) of this By-law to the contrary, for those lands located
in part of Lot 3, Concession 1 W.M.L., geographic Township of Ross, located at 168 Snake
River Line and delineated as Community Facility-Exception Two (CF-E2) as shown on the
Schedule to this By-law, a private school and a church shall be the only permitted uses in
addition to the existing farm use.
All other provisions of this By-law shall apply.
20.4.3
Community Facility - Exception Three (CF-E3)
Notwithstanding any other provisions of this By-law to the contrary, for those lands
located in part of Lots 38, 39, 51 and 52, and Lot 50, Plan 60, geographic Village of
Westmeath, and delineated as Community Facility- Exception Three (CF-E3), as shown
on the Schedule to this By-law, the following provisions shall apply to a second portable
classroom:
i)
Interior Side Yard Depth (minimum)
1.2 metres
ii)
Rear Yard Depth (minimum)
3.0 metres
All other provisions of this By-law shall apply.
20.4.4
Community Facility - Exception Four (CF-E4)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located in
part of Lot 39, Westmeath Plan 60, Westmeath Road, geographic Township of Westmeath,
and delineated as Community Facility- Exception Four (CF-E4), as shown on the Schedule to
this By-law, the following provisions shall apply:
i)
Side Yard Width (minimum)
1.2 metres
ii)
Rear Yard Depth (minimum)
0 metres
20.5 HOLDING ZONES
20.5.1
Community Facility - Exception Two-holding (CF-E2-h)
Until such time as the holding symbol is removed from lands described as part of Lot 3,
Concession 1, W.M.L., in the geographic Township of Ross and delineated as Community
Facility-Exception Two-holding (CF-E2-h), as shown on the Schedule to this By-law, in
accordance with the conditions set forth herein, no person shall use land or erect or use a
building or structure, except in accordance with the following:
i)
Permitted Uses
-
existing uses in existing locations
-
open space
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20.0 REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONES
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-
passive recreation that does not require a building
ii)
Conditions for removal of Holding Symbol (h)
a) Site Plan Agreement under Section 41 of the Planning Act between the
Owner and Municipality, registered on title, and including:
i)
Site Plan approved by the Municipality
ii)
Lot Grading and Drainage Plan approved by the Municipality
iii)
Servicing Plan approved by the Municipality
iv)
Hydrogeological investigation with nitrate impact assessment
v)
Recommendations from a Servicing Options Report approved
by the Municipality
b) Servicing approvals from the Ministry of Environment, Conservation and
Parks (MECP)
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21.0 REQUIREMENTS FOR AGRICULTURE (A) ZONES
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21
REQUIREMENTS FOR
AGRICULTURE (A) ZONES
21.1 PERMITTED USES
No person shall use land or erect or use a building or structure in an Agricultural (A) Zone except
for:
(a)
Residential Uses
-
single detached dwelling
-
an accessory dwelling unit for a farm which may be a mobile home
-
a group home
-
additional residential unit in accordance with Section 3.1.2
(b)
Non-Residential Uses
-
agricultural use
-
agriculture-related use
-
bed and breakfast in an existing single detached dwelling if accessory to
a farm or as an on-farm diversified use in accordance with Section 3.22 of
this By-law
-
hobby farm
-
on-farm diversified use, in accordance with Section 3.22 of this By-law
-
forestry
-
home industry, in accordance with Section 3.22 of this By-law
-
kennel, in accordance with Section 3.22 of this By-law
-
limited farm
21.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in an Agriculture (A)
Zone in except in accordance with the following provisions:
a)
Lot Area (minimum)
i) Single detached dwelling
4,000 m2
ii) all other uses
20 hectares
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b) Lot Frontage (minimum)
i) Single detached dwelling
45 metres
ii) all other uses
60 metres
c) Front Yard Depth (minimum)
i) Single detached dwelling
7.5 metres
ii) all other uses
30 metres
d) Side Yard Width (minimum)
i) Single detached dwelling
3 metres
ii) all other uses
30 metres
e) Rear Yard Depth (minimum)
i) Single detached dwelling
7.5 metres
ii) all other uses
30 metres
f) Lot Coverage (maximum)
i) Single detached dwelling
20%
ii) All other uses
2%
21.2.1
Open Storage
In accordance with the provisions for Open Storage in Section 3 of this By-law
21.2.2
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3 - General Provisions of this By-law.
21.2.3
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
21.2.4
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
21.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
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21.0 REQUIREMENTS FOR AGRICULTURE (A) ZONES
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21.4 EXCEPTION ZONES
21.4.1
Agriculture-Exception One (A-E1)
Ottawa River Flood Plain
Notwithstanding any other provisions of this By-law to the contrary, for the lands located
within the Agriculture-Exception One (A-E1) Zone, no buildings or structures may be
erected except in accordance with the Ottawa River Flood Plain requirements in Section 3
- General Provisions of this By-law.
21.4.2
Agriculture-Exception Two (A-E2)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Agriculture-Exception Two (A-E2) Zone, within Part of Lot 39, Concession IX, an
accessory retail store for the sale of hunting equipment shall be a permitted use.
21.4.3
Agriculture-Exception Three (A-E3)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Agriculture-Exception Three (A-R3) Zone, within Part of Lot 4, Concession VI, a sawmill
shall be a permitted use. The wholesale and retail sale of wood products shall not be
permitted.
21.4.4
Agriculture-Exception Five (A-E5)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Agriculture-Exception Five (A-E5) Zone, within Part of Lot 24, Concession VII, a bottled
water establishment shall be a permitted use. A bottled water establishment means a
building or part of a building where bottled water is stored and kept for sale.
21.4.5
Agriculture-Exception Six (A-E6)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Agriculture-Exception Six (A-E6) Zone, within Part of Lot 4, Concession VI, a sawmill shall
be permitted. The wholesale and retail sale of wood products shall also be permitted. The
buildings and structures associated with the sawmill and sale of wood products shall not be
permanently affixed to the site but shall be capable of being dismantled and removed if
and when that is required. The minimum lot frontage shall be 60 metres.
21.4.6
Agriculture-Exception Six (A-E6)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the A-
E6 Zone located within Lot 9, Concession IV, Township of Ross, a farm equipment and
machinery repair establishment shall be a permitted use. A farm equipment and machinery
repair establishment means the use of land, buildings or structures for the repair and
maintenance of farm equipment and machinery. Accessory uses shall also be permitted.
21.4.7
Agriculture-Exception Seven (A-E7)
Notwithstanding Sections 3.24(c)(i) and (iii) of this By-law to the contrary, for the lands
located in the Agriculture - Exception Seven (A-E7) Zone, within Part of Lot 22, Concession
VII, geographic Township of Ross, the following provisions shall apply:
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21.0 REQUIREMENTS FOR AGRICULTURE (A) ZONES
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j)
Existing Use:
Livestock barn (2002):
Side Yard Width on the South Side
(minimum)
16 metres
ii) Proposed Uses:
Pump house
Side Yard Width on the South Side
(minimum)
10 metres
Manure tank
Side Yard Width on the South Side
(minimum)
12 metres
21.4.8
Agriculture-Exception Eight (A-E8)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Agriculture - Exception Eight (A-E8) Zone, within Part of Lots 24 and 25, Concession 7,
geographic Township of Ross, no residential uses shall be permitted. The following
provision shall apply:
Lot Frontage (minimum)
20 metres
All other provisions of this By-law shall apply.
21.4.9
Agriculture-Exception Nine (A-E9)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Agriculture - Exception Nine (A-E9) Zone, within Part of Lot 9, Concession 8, geographic
Township of Ross, and more particularly described as Part 1 on Reference Plan 49R-14672,
a bed and breakfast in an existing single detached dwelling shall be a permitted use. The
Agriculture (A) zone provisions for a single detached dwelling will continue to apply. The
parking requirement for a Bed and Breakfast contained in Section 3.22.1(a)(vi) also continue
to apply.
21.4.10 Agriculture-Exception Ten (A-E10)
Notwithstanding Section 3.24(c)(i) or any other provision of this By-law, or any other Minimum
Distance Separation requirement, to the contrary, for those lands located in part of Lot 1,
Concession 6, geographic Township of Ross, and delineated as Agriculture - Exception Ten
(A-E10) on the Schedule to this By-law, the following provisions shall apply to the
establishment of a digester manure storage pit:
Minimum required setback to the existing
dwelling located at 454 Government Road
142 metres.
21.4.11 Agriculture-Exception Eleven (A-E11)
Notwithstanding Sections 21.1(b), or any other provision of this By-law to the contrary, a
Wedding Barn and Similar Event Venue shall be an additional permitted use. Additionally,
a bed and breakfast shall be permitted as an accessory use to a Wedding Barn and Similar
Event Venue and a single-detached dwelling.
For the purposes of this subsection, a Wedding Barn and Similar Event Venue means an on-
farm diversified use comprising a barn and accessory guest dwelling unit for the purposes
of holding weddings and similar events.
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21.0 REQUIREMENTS FOR AGRICULTURE (A) ZONES
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21.4.12 Agriculture-Exception Twelve (A-E12)
Notwithstanding Section 3.24(c)(iii), or any other provisions of this By-law, for those lands
located in part of Lot 12, Concession 6, geographic Township of Ross, located on Queens
Line and delineated as Agriculture-Exception Twelve (A-E12) on the Schedule to this By-
law, the existing farm buildings shall be permitted a minimum 20 metres from a lot line.
Expansion of the existing barn is prohibited.
21.4.13 Agriculture-Exception Thirteen (A-E13)
Notwithstanding Section 21.1(a), or any other provisions of this By-law, for those lands
located in part of Lot 12, Concession 6, geographic Township of Ross, located on Queens
Line and delineated as Agriculture-Exception Thirteen (A-E13) on the Schedule to this By-
law, residential uses shall be prohibited.
21.4.14 Reserved
21.4.15 Agriculture-Exception Fifteen (A-E15)
Notwithstanding Section 21.1(a), 21.2(b)(ii), 3.24(c)(i) and 3.24(c)(iii), or any other provisions
of this By-law to the contrary, for those lands located in part of Lot 16, Concession 6,
geographic Township of Ross, known municipally as 2903 Queens Line and delineated as
Agriculture-Exception Fifteen (A-E15) on the Schedule to this By-law, the following
provisions shall apply:
i)
residential uses shall be prohibited
ii)
lot frontage (minimum)
265 metres
iii)
setback of existing grain bin to a lot line
17 metres
iv)
livestock shall be prohibited in existing barns unless Minimum Distance
Separation (MDS II) can be met.
21.4.16 Agriculture-Exception Sixteen (A-E16)
Notwithstanding Section 21.1(a) or any other section of this By-law to the contrary, for those
lands located in part of Lot 18, Concession 7, geographic Township of Ross, located on
Queens Line and delineated as Agriculture-Exception Sixteen (A- E16), as shown on the
Schedule to this By-law residential uses shall be prohibited.
21.4.17 Agriculture-Exception Seventeen (A-E17)
Notwithstanding any other section of this By-law to the contrary, for those lands located in
part of Lot 18, Concession 7, geographic Township of Ross, located on 2262 Queens line
and delineated as Agriculture- Exception Seventeen (A-E17) as shown on the Schedule to
this By-law, the minimum separation distance for the existing farm buildings from a lot line
shall be 23 metres.
21.4.18 Agriculture - Exception Eighteen (A-E18)
Notwithstanding any other section of this By-law to the contrary, for those lands located in
part of Lot 17, Concession 6, geographic Township of Ross, located at 2815 Queens Line
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and delineated as Agriculture-Exception Eighteen (A-E18) as shown on the Schedule to this
By-law, the separation distance for existing farm buildings from a lot line shall be:
Rear Lot Line
Barn: 30 metres (minimum)
Metal Shed: 18 metres (minimum)
Northeast Side Lot Line
Tin Covered Building: 39 metres (minimum)
Open Shed: 9 metres (minimum)
Southeast Side Lot Line
Barn: 47 metres (minimum)
Metal Shed: 4 metres (minimum)
Shed: 32 metres (minimum)
21.4.19 Agriculture - Exception Nineteen (A-E19)
Notwithstanding any other section of this By-law to the contrary, for those lands located in
part of Lot 17, Concession 6, geographic Township of Ross, located on Queens Line and
delineated as Agriculture-Exception Nineteen (A-E19) as shown on the Schedule to this By-
law, residential uses shall be prohibited.
21.4.20 Agriculture-Exception Twenty (A-E20)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 13, Concession 7 N, Queens Line, geographic Township of Ross and
delineated as Agriculture Exception Twenty (A-E20) on the Schedule to this By-law, the
following provisions shall apply:
i)
prohibit all residential uses
ii) lot frontage (minimum)
280 metres
iii) farm use (minimum separation distance)
10 metres
21.4.21 Agriculture - Exception Twenty-One (A-E21)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 11, Concession 9, geographic Township of Ross, located on Kerr Line and
delineated as Agriculture - Exception Twenty-One (A-E21) Zone on the Schedule to this By-
law, the following provisions shall apply:
Livestock Building or Structure and Farm Uses
i)
Rear Yard Depth (minimum)
9.0 metres
ii) Centreline of Any Street (minimum)
17 metres.
21.4.22 Agriculture - Exception Twenty-Two (A-E22)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 20, Concession 7, geographic Township of Ross, delineated as Agriculture -
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Exception Twenty-Two (A-E22) Zone on the Schedule to this By-law, residential uses shall
be prohibited.
21.4.23 Agriculture - Exception Twenty-Three (A-E23)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 20, Concession 8, Kerr Line, geographic Township of Ross and
delineated as Agriculture - Exception Twenty-Three (A-E23) as shown on the Schedule to
this By-law, the following provisions shall apply:
i)
Prohibit all residential uses
21.4.24 Agricultural - Exception Twenty-Four (A-E24)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Lot 16, Concession 8, Kerr Line, geographic Township of Ross and delineated as
Agriculture - Exception Twenty-Four (A-E24) as shown on the Schedule to this By-law, a
home industry in a single accessory building with a maximum gross floor area of 488 square
meters shall be permitted. All other provisions of the Zoning By-law shall apply.
21.4.25 Agriculture-Exception Twenty-Five (A-E25)
Notwithstanding any other provisions of this By-law to the contrary, for those lands
described as part of Lot 19, Concession E.F.B., Township of Westmeath and delineated as
Agriculture-Exception Twenty-Five (A-E25) on the Schedule to this By-law, the side yard
(minimum) for the southern side lot line shall be 1.0 metre.
21.4.26 Agriculture-Exception Twenty-Six (A-E26)
Notwithstanding anything in this By-law to the contrary, those lands described as Parts 2, 3,
4, 5, 6, 7, 9, 10, 11 and 12, Plan 49R-12724 and delineated as Agriculture- Exception Twenty-
Six (A-E26) on the Schedule to this By-law shall be used in compliance with sections 14.1
and 14.2 of this By-law, excepting, however, that:
i)
No buildings shall be located closer than 10.0 metres to a lot line abutting a
street.
ii)
No principal building shall be located closer than 10.0 metres to a lot line not
abutting a street.
iii)
No Accessory building shall be located closer than 3.0 metres to a lot line not
abutting a street.
21.4.27 Agriculture-Exception Twenty-Seven (A-E27)
Notwithstanding sections 3.3.3 (a) to the contrary, for those lands described as part of Lot
29, Concession N.F.A., and Township of Westmeath and delineated as A-E27 on the
Schedule to this By-law the Rear Yard Depth (minimum) for an accessory structure shall be
1.0 metre.
21.4.28 Agriculture-Exception Twenty-Eight (A-E28)
In addition to those uses normally permitted in the Agricultural (A) zone, for those lands
described as part of Lot 12, Concession II E.M.L., Township of Westmeath and delineated
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as Agriculture-Exception Twenty-Eight (A-E28) the following uses shall be permitted:
abattoir, agriculture commercial establishment, animal hospital, automotive - body shop,
automotive - commercial garage, automotive - service station, automotive - vehicle sales or
rental establishment, building supply store, contractor's yard or shop, eating establishment
(full service), farm produce sales outlet, flea market, fuel storage tank, garden centre,
kennel, general service shop, warehouse.
For the purposes of this subsection, flea market shall mean a building or open area in which
stalls or sale areas are set aside and rented or otherwise provided, and which are intended
for use by various unrelated individuals to sell articles that are either homemade,
homegrown, handcrafted, old, obsolete, or antique and may include the selling of goods
at retail by businesses or individuals who are generally engaged in retail trade.
21.4.29 Agriculture - Exception Twenty-Nine (A-E29)
In addition to those uses normally permitted in the Agricultural (A) zone, those lands
described as part of Lot 1, Concession I W.M.L., Township of Westmeath and delineated as
Agriculture-Exception Twenty-Nine (A-E29) an agriculture commercial establishment shall
be a permitted use. **No setbacks shall be required to the interior lot lines formed by Part
1, 49R-8112 and Part 1, 49R-8104. For the purposes of this subsection, interior lot line
means a lot line that does not abut a public road.
21.4.30 Agriculture - Exception Thirty (A-E30)
In addition to those uses normally permitted in the Agricultural (A) zone, those lands
described as part of Lot 1, Concession II W.M.L., Township of Westmeath and delineated
as Agriculture-Exception Six (A-E30) on the Schedule to this By-law an animal hospital shall
be a permitted use.
21.4.31 Agriculture - Exception Thirty-One (A-E31)
In addition to those uses normally permitted in the Agriculture (A) zone, for those lands
described as part of Lot 17, Concession III E.M.L., Township of Westmeath and delineated
as Agriculture - Exception Thirty-One (A-E31) on the Schedule to this By-law a contractor's
yard or shop for a landscaping contractor and an accessory business office shall be
permitted uses.
21.4.32 Agriculture - Exception Thirty-Two(A-E32)
In addition to those uses normally permitted in the Agriculture (A) zone, for those lands
described as part of Lot 17, Concession III E.M.L., Township of Westmeath and delineated
as Agriculture - Exception Thirty-Two (A-E32) on the Schedule to this By-law a garden center
shall be a permitted use.
21.4.33 Agriculture - Exception Thirty-Three (A-E33)
In addition to those uses normally permitted in the Agriculture (A) zone, for those lands
described as part of Lot 17, Concession III E.M.L., Township of Westmeath and delineated
as Agriculture - Exception Thirty-Three (A-E33) on the Schedule to this By-law a topsoil
screening and mixture operation shall be a permitted use.
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21.4.34 Agriculture - Exception Thirty-Four (A-E34)
Notwithstanding anything in this By-law to the contrary, for those lands described as part of
Lot 17, Concession II E.M.L., Township of Westmeath and delineated as Agriculture -
Exception Thirty-Four (A-E34) on the Schedule to this By-law no residential dwelling shall
be permitted.
21.4.35 Agriculture - Exception Thirty-Five (A-E35)
Notwithstanding anything in this By-law to the contrary, for those lands described as part of
Lot 14, Concession VII E.M.L., Township of Westmeath and delineated as Agriculture -
Exception Thirty-Five (A-E35) on the Schedule to this By-law no residential dwelling shall be
permitted. The minimum side yard width shall be 10 metres.
21.4.36 Agriculture - Exception Thirty-Six (A-E36)
Notwithstanding anything in this By-law to the contrary, for those lands described as part of
Lot 17, Concession II, E.M.L., Township of Westmeath and delineated as Agriculture -
Exception Thirty-Six (A-E36) on the Schedule to this By-law no residential dwelling shall be
permitted.
21.4.37 Agriculture - Exception Thirty-Seven (A-E37)
Notwithstanding anything in this By-law to the contrary, for those lands described as part of
Lot 17, Concession VII E.M.L., Township of Westmeath and delineated as Agriculture -
Exception Thirty-Seven (A-E37) on the Schedule to this By-law, the minimum lot area shall
be 19 hectares.
21.4.38 Agriculture - Exception Thirty-Eight (A-E38)
Notwithstanding anything in this By-law to the contrary, for those lands located within part
of the North Half of Lot 13, Concession III EML, Township of Westmeath and delineated as
Agriculture - Exception Thirty-Eight (A-E38) on the Schedule to this By-law, a sawmill shall be a
permitted use in accordance with an approved site plan and provided it is issued and
maintains the required Certificate(s) of Approval under the provisions of the Environmental
Protection Act.
21.4.39 Agriculture - Exception Thirty-Nine (A-E39)
Notwithstanding anything in this By-law to the contrary, for those lands described as the north
half of Lot 12, Concession IV E.M.L., geographic Township of Westmeath and delineated as
Agriculture - Exception Thirty-Nine (A-E39) on the Schedule to this By-law, the following
provision shall apply:
Residential Uses
-
no more than one (1) building containing one dwelling unit shall be permitted.
All other permitted uses and provisions of the Agriculture (A) Zone will continue to apply.
21.4.40 Agriculture - Exception Forty (A-E40)
Notwithstanding anything in this By-law to the contrary, for those lands described as part of
the south half of Lot 12, Concession IV E.M.L., geographic Township of Westmeath and
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delineated as Agriculture - Exception Forty (A-E140) on the Schedule to this By-law, the
following provision shall apply:
Residential Uses
-
either one (1) building containing one dwelling unit or one mobile home shall be
permitted.
All other permitted uses and provisions of the Agriculture (A) Zone will continue to apply.
21.4.41 Agriculture - Exception Forty-One (A-E41)
In addition to those uses normally permitted in the Agriculture (A) Zone, for those lands
described as part of Lot 6, Concession I W.M.L., geographic Township of Westmeath and
delineated as Agriculture - Exception Forty-One (A-E41) on the Schedule, an agriculture
commercial establishment shall also be a permitted use.
21.4.42 Agriculture - Exception Forty-Two (A-E42)
Notwithstanding any other provisions of this By-law to the contrary, for those lands
described as Part of the East Half of Lot 6, Concession I W.M.L., geographic Township of
Westmeath and delineated as Agriculture - Exception Forty-Two (A-E42) on the Schedule
(Map1), an agricultural storage garage shall be a permitted use in addition to those uses
normally permitted in the Agriculture (A) Zone.
For the purposes of this subsection, an agricultural storage garage shall mean a building or
structure that is used to store farm machinery and farm equipment.
The following provision shall also apply:
Lot Area (minimum)
6 hectares
21.4.43 Agriculture - Exception Forty-Three (A-E43)
Notwithstanding anything in this By-law to the contrary, for those lands located within part
of Lot 19, Concession I East of Muskrat Lake, geographic Township of Westmeath and
delineated as Agriculture-Exception Forty-Three (A-E43) on the Schedule to this By-law, the
following provision shall apply:
i)
Setback from front lot line (minimum)
60 metres*
21.4.44 Agriculture - Exception Forty-Four (A-E44)
Notwithstanding anything in this By-law to the contrary, for those lands located within part
of Lot 8, Concession 7, geographic Township of Westmeath and delineated as Agriculture
- Exception Forty-Four (A-E44) on the Schedule to this By-law, a horse stable and training
facility shall be permitted uses and the following provisions shall apply:
i)
Lot Area (minimum)
2 hectares
ii) Where an existing building or structure does not conform to the required
setbacks from lot lines, it shall be deemed to conform to the Zoning By- law.
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21.4.45 Agriculture - Exception Forty-Five (A-E45)
Notwithstanding anything in this By-law to the contrary, for those lands located within part
of Lot 8, Concession 7, geographic Township of Westmeath and delineated as Agriculture
- Exception Forty-Five (A-E45) on the Schedule to this By-law, the following provisions shall
apply:
i)
Lot Area (minimum)
17 hectares
ii) Where an existing building or structure does not conform to the required
setbacks from lot lines, it shall be deemed to conform to the Zoning By- law.
21.4.46 Agriculture - Exception Forty-Six (A-E46)
Notwithstanding Section 3.3.3 or any other provision of this By-law to the contrary, for those
lands located in part of Lot 14, Concession 3 EML, geographic Township of Westmeath,
and delineated as Agriculture - Exception Forty-Six (A-E46) on the Schedule to this By-law,
an accessory garage is permitted with a minimum side yard width of 1.5 metres along the
side lot line between Lots 13 and 14, Concession 3 EML.
21.4.47 Agriculture - Exception Forty-Seven (A-E47)
Notwithstanding Section 3.24(a)(iii) or any other provision of this By-law to the contrary, for
those lands located in part of Lot 10, Concession 5 EML, geographic Township of
Westmeath, more particularly described as Part 1 on Reference Plan of Survey 49R-4420,
and delineated as Agriculture - Exception Forty-Seven (A- E47) on the Schedule to this By-
law, a single detached dwelling may be erected within 150 metres of an Extractive Industrial
Reserve (EMR) Zone.
21.4.48 Agriculture - Exception Forty-Eight (A-E48)
Notwithstanding Section 3.24(a)(iii) or any other provision of this By-law to the contrary, for
those lands located in part of Lot 18, Concession 1 EML, geographic Township of
Westmeath, and delineated as Agriculture - Exception Forty-Eight (A-E48) on the Schedule
to this By-law, a single detached dwelling shall not be erected within 30 metres of an
Extractive Industrial Reserve (EMR) Zone. The 30 metre setback shall pertain to the 450 feet
measured along the front of the property (Beachburg Road) from the South East portion of
the property.
21.4.49 Agriculture - Exception Forty-Nine (A-E49)
Notwithstanding Section 3.24(c)(ii), or any other provision of this By-law, for those lands
located in part of Lot 13, Concession 4, E.M.L., geographic Township of Westmeath, and
delineated as Agriculture - Exception Forty-Nine (A-E49) on the Schedule to this By-law, the
following provisions shall apply to the existing barn:
Southeast and Southwest Side Yards (minimum)
15 metres
Northwest Side Yard (minimum)
25 metres
21.4.50 Agriculture - Exception Fifty (A-E50)
Notwithstanding Sections 15.1(a) and 15.2(b), or any other provision of this By- law, for
those lands located in part of Lot 13, Concession 4, E.M.L., geographic Township of
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Westmeath, and delineated as Agriculture - Exception Fifty (A-E50) on the Schedule to this
By-law, no residential uses shall be permitted and the minimum required lot frontage shall
be 10 metres.
21.4.51 Agriculture - Exception Fifty-One (A-E51)
Notwithstanding Sections 15.1(b) and 15.2(a), or any other provision of this By- law, for
those lands located in part of Lot 17, Concession 8, E.M.L., geographic Township of
Westmeath, and delineated as Agriculture - Exception Fifty-One (A-E51) on the Schedule
to this By-law, a hobby farm shall be a permitted use and the following provisions shall
apply:
Lot Area (minimum)
2.5 hectares
For the purpose of this subsection, a hobby farm shall be defined as:
Hobby Farm means a lot primarily used for residential purposes, on which crops and often
livestock are raised for personal enjoyment, consumption by the resident and/or as a
principal source of income.
This use shall not include an intensive agricultural use operated for commercial purposes,
a commercial breeding kennel or a domestic animal boarding facility.
All other provisions of this By-law shall apply, including Separation Distances requirements
for Minimum Distance Separation 1 and 11 and for Farm Uses.
21.4.52 Agriculture - Exception Fifty-Two (A-E52)
Notwithstanding Section 15.1(a) or any other provision of this By-law, for those lands
located in part of Lot 17, Concession 8, E.M.L., geographic Township of Westmeath, and
delineated as Agriculture-Exception Fifty-Two (A-E52) on the Schedule to this By-law,
residential uses shall be prohibited.
21.4.53 Agriculture - Exception Fifty-Three (A-E53)
Notwithstanding Section 15.2(b) of this By-law to the contrary, for those lands located in
part of Lot 14, Concession 1 EML, geographic Township of Westmeath, and delineated as
Agriculture - Exception Fifty-Three (A-E53) on the Schedule to this By-law, a kennel
comprising a maximum of 16 outdoor runs shall be an additional permitted use.
21.4.54 Agriculture - Exception Fifty-Four (A-E54)
Notwithstanding Section 15.1(a) and (b) of this By-law to the contrary, for those lands
located in part of Lot 12, Concession 4 EML, geographic Township of Westmeath, and
delineated as Agriculture - Exception Fifty-Four (A-E54) on the Schedule to this By-law,
residential uses shall be prohibited.
21.4.55 Agriculture - Exception Fifty-Five (A-E55)
Notwithstanding Section 15.1(a) and (b) of this By-law to the contrary, for those lands
located in part of Lot 12, Concession 4 EML, geographic Township of Westmeath, and
delineated as Agriculture - Exception Fifty-Five (A-E55) on the Schedule to this By-law,
residential uses shall be prohibited.
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21.4.56 Agriculture - Exception Fifty-Six (A-E56)
Notwithstanding anything in this By-law to the contrary, for those lands located in part of
Lot 15, Concession 10 EML, geographic Township of Westmeath, and delineated as
Agriculture - Exception Fifty-Six (A-E56) as shown on the Schedule to this By-law, an
automotive body shop shall be an additional permitted use.
21.4.57 Agriculture - Exception Fifty-Seven (A-E57)
Notwithstanding anything in this By-law to the contrary, for those lands located in part of
Lot 1, Concession 2 WML, geographic Township of Westmeath, and delineated as
Agriculture - Exception Fifty-Seven (A-E57), as shown on the Schedule to this By-law, an
agricultural commercial establishment shall be an additional permitted use.
21.4.58 Agriculture - Exception Fifty-Eight (A-E58)
Notwithstanding any other provision of this By-law to the contrary, those lands located in
part of Lot 8, East Front C, geographic Township of Westmeath and delineated as
Agricultural - Exception Fifty-Eight (A-E58) on the Schedule to this By-law, the keeping of
livestock within barns shall be prohibited.
21.4.59 Agriculture - Exception Fifty-Nine (A-E59)
Notwithstanding any other provisions of this By-law to the contrary, those lands located in
part of Lot 1, Concession 1 WML, geographic Township of Westmeath and delineated as
Agriculture - Exception Fifty-Nine (A-E59) on the Schedule to this By-law, a home industry in a
single accessory building with a maximum gross floor area of 463 square metres shall be
permitted. All other provisions of the Zoning By-law shall apply.
21.4.60 Agriculture - Exception Sixty (A-E60)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 17 and 18, Concession 9, geographic Township of Westmeath and delineated
as Agriculture-Exception Sixty (A-E60) on the Schedule to this By-law, residential uses shall
be prohibited. All other provisions of the Zoning By-law shall apply.
21.4.61 Agriculture - Exception Sixty-One (A-E61)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 11, Concession 9, geographic Township of Westmeath and delineated as
Agriculture-Exception Sixty-One (A-E61) on the Schedule to this By-law, residential uses
shall be prohibited. All other provisions of the Zoning By-law shall apply.
21.4.62 Agriculture - Exception Sixty-Two (A-E62)
Notwithstanding any other provision of this by-law to the contrary, for those lands located
in part of Lot 9, Concession 6, geographic Township of Westmeath and delineated as
Agriculture-Exception Sixty-Two (A-E62) on the Schedule to this By-law, residential uses
shall be prohibited. All other provisions of the Zoning By-law shall apply.
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21.4.63 Agriculture - Exception Sixty-Three (A-E63)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Lot 19, Concession A EML, geographic Township of Westmeath and delineated
as Agriculture Exception Sixty-Three (A-E63) on the Schedule to this By-law, an excavating
contractor's yard, a commercial garage, including a motor vehicle inspection station, and
an accessory dwelling are permitted. All other provisions of the Zoning By-law shall apply.
21.4.64 Agriculture - Exception Sixty-Four (A-E64)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of lot 5, Concession EFB, geographic Township of Westmeath and delineated as
Agriculture-Exception Sixty-Four (A-E64) on the Schedule to this By-law, the barn existing
as of November 7, 2018 shall be permitted in its existing location 8 metres from the south
side lot line.
All other provisions of the Zoning By-law shall apply.
21.4.65 Agriculture - Exception Sixty-Five (A-E65)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Lot 6, Concession EFB, geographic Township of Westmeath and delineated as
Agriculture-Exception Sixty-Five (A-E65) on the Schedule to this By-law, the barn existing as
of November 7, 2018 shall be permitted in its existing location 5 metres from the north side
lot line.
All other provisions of the Zoning By-law shall apply.
21.4.66 Agriculture - Exception Sixty-Six (A-E66)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Lot 27, Concession EFB, geographic Township of Westmeath, Grant Settlement
Road, and those lands located in part of Lot 14, Concession 3, E.M.L., Zion Line, geographic
Township of Westmeath and delineated as Agriculture-Exception Sixty-Six (A-E66) on the
Schedule to this By-law, the following provisions shall apply:
i)
Prohibit all residential uses.
21.4.67 Agriculture - Exception Sixty-Seven (A-E67)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 7, Concession 2 WML, Perryhill Road, geographic Township of
Westmeath and delineated as Agriculture - Exception Sixty-Seven (A-E67) on the Schedule
to this By-law, residential uses shall be prohibited.
21.4.68 Agriculture - Exception Sixty-Eight (A-E68)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 11, Concession 6 EML, geographic Township of Westmeath, located on
LaPasse Road and delineated as Agriculture - Exception Sixty-Eight (A-E68) Zone on the
Schedule to this By-law, a secondary dwelling unit shall not be permitted.
For the purposes of this subsection, a secondary dwelling unit shall be defined as follows:
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Secondary Dwelling Unit means a separate dwelling unit having an area greater than 475
sq. ft. in which food preparation, eating, living, sleeping and sanitary facilities are provided
for the exclusive use of the occupants thereof, which is subsidiary to and located in the same
building as an associated principal dwelling unit.
21.4.69 Agriculture - Exception Sixty-Nine (A-E69)
Notwithstanding any other provisions of this By-law to the contrary, for those lands in Part
of Lot 13 & 14, Westmeath Concession 2 WML, geographic Township of Westmeath,
located at 19896 Highway 17 and delineated as Agriculture Exception Sixty-Nine (A-E69)
on the Schedule to this By-law, no residential uses shall be permitted.
21.4.70 Agriculture - Exception Seventy (A-E70)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in Part of Lot 6, Westmeath Concession 4, C.L.F., Gore Line, geographic Township of
Westmeath and delineated as Agriculture - Exception Seventy (A-E70) on the Schedule to
this By-law, the minimum lot area shall be 0.95 hectare.
21.4.71 Agriculture - Exception Seventy-One (A-E71)
Notwithstanding any other provision of this By-law to the contrary, for those lands described
as Part of Lot 14, Westmeath Concession 3 EML N and known municipally as 2370 Zion Line
and delineated as Agriculture - Exception Seventy-One (A-E71) Zone on the Schedule to
this By-law, a secondary dwelling unit shall be permitted. This by-law also allows for the
outdoor furnace with a reduced setback of 25 metres.
For the purposes of this subsection, a secondary dwelling unit shall be defined as follows:
Secondary Dwelling Unit means a separate dwelling unit having a minimum area of 700 sq.
ft. in which food preparation, eating, living, sleeping and sanitary facilities are provided for
the exclusive use of the occupants thereof, which is subsidiary to and located in close
proximity to the principal dwelling unit.
21.4.72 Agriculture - Exception Seventy-Two (A-E72)
Notwithstanding any other provision of this By-law to the contrary, for those lands described
as Part of Lot 21, Westmeath Concession A EML, Beachburg Road and delineated as
Agriculture - Exception Seventy-Two (A-E72) Zone on the Schedule to this By-law, to
prohibit residential uses and reduce the minimum separation distance to 3.0 metres.
21.4.73 Agriculture - Exception Seventy-Three (A-E73)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 11, Westmeath Concession 2 EML, Sturgeon Mountain Road,
geographic Township of Westmeath and delineated as Agriculture Exception Seventy-
Three (A-E73) on the Schedule to this By-law, the following additional uses shall be
permitted, and provisions shall apply:
-
agricultural commercial establishment
-
contractor's yard or shop
-
truck terminal
THE TOWNSHIP OF WHITEWATER COMPREHENSIVE ZONING BY-LAW
21.0 REQUIREMENTS FOR AGRICULTURE (A) ZONES
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a) Lot Area (minimum) 2 hectares
All other provisions of this By-law shall apply.
21.4.74 Agriculture - Exception Seventy-Four (A-E74)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lots 24 and 25, Concession B EML, geographic Township of Westmeath and
delineated as Agriculture - Exception Seventy-Four (A-E74) on the Schedule to this By-law,
residential uses are prohibited. All other provisions of the Zoning By-law shall apply.
21.4.75 Agriculture - Exception Seventy-Five (A-E75)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 17, Concession 8, geographic Township of Ross. delineated as Agriculture -
Exception Seventy-Five (A-E75) on the Schedule to this By-law, residential uses shall be
prohibited and the minimum separation distance for the existing farm storage building
from a lot line shall be 8.5 metres. All other provisions of the Zoning By-law shall apply.
21.4.76 Agriculture - Exception Seventy-Six (A-E76)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lots 6 and 7, Ross Concession 4 W, geographic Township of Ross, and delineated
as Agriculture - Exception Seventy-Six (A-E76) on the Schedule to this By-law, residential
uses are prohibited. All other provisions of the Zoning By-law shall apply.
21.5 HOLDING ZONES
(Reserved)
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22.0 REQUIREMENTS FOR RURAL (RU) ZONES
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22
REQUIREMENTS FOR
RURAL (RU) ZONES
22.1 PERMITTED USES
No person shall use land or erect or use a building or structure in a Rural (RU) Zone except for:
(a)
Residential Uses
-
a single detached dwelling
-
group home
-
additional residential unit in accordance with Section 3.1.2
(b)
Non-Residential Uses
-
agricultural use
-
agriculture-related use
-
agri-tourism use
-
agricultural commercial establishment
-
bed and breakfast, in accordance with Section 3.22 of this By-law
-
farm produce sales outlet accessory to a farm
-
garden centre
-
hobby farm
-
home industry, in accordance with Section 3.22 of this By-law
-
logging hauler
-
on-farm diversified use, in accordance with Section 3.22 of this By-law
-
private club
-
private park
-
public park
-
transmitter tower
-
existing private airfield
-
exploratory mineral work, so as to establish a valuable mineral in place,
but shall not include a mine or mining as defined elsewhere in this By-law.
-
Hunting or Fishing Camp
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22.0 REQUIREMENTS FOR RURAL (RU) ZONES
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-
Kennel, in accordance with Section 3.22 of this By-law
22.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a Rural (RU) Zone
except in accordance with the following provisions:
a) Lot Area (minimum)
i)
Residential Uses, Home Industry, Bed and Breakfast
4,000 m2
ii) All other permitted uses
2 ha
b) Lot Frontage (minimum)
45 metres
c) Front Yard Depth (minimum)
7.5 metres
d) Side Yard Width (minimum)
3 metres
e) Rear Yard Depth (minimum)
7.5 metres
f) Lot Coverage (maximum)
20%
g) Open Storage in accordance with the provisions for Open Storage in Section 3 of this
By-law
h) Accessory Buildings and Structures Associated
with Exploratory Mineral Works (maximum)
9.3 square metres
22.2.1
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3 - General Provisions of this By-law.
22.2.2
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
22.2.3
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
22.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
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22.0 REQUIREMENTS FOR RURAL (RU) ZONES
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22.4 EXCEPTION ZONES
22.4.1
Rural - Exception One (RU-E1)
Ottawa River Flood Plain
Notwithstanding any other provision of this By-law to the contrary, for the lands located in
the Rural - Exception One (RU-E1) Zone, no buildings or structures may be erected except
in accordance with the Ottawa River Flood Plain requirements in Section 3 - General
Provisions of this By-law.
22.4.2
Rural - Exception Two (RU-E2)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Rural - Exception Two (RU-E2) Zone, within Part of Lot 8, Concession XII, a riding stable
shall be a permitted use.
22.4.3
Rural - Exception Three (RU-E3)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Rural - Exception Three (RU-E3) Zone, within Part of Lot 5, Concession I, a bus storage
and maintenance business shall be a permitted use.
22.4.4
Rural - Exception Four (RU-E4)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Rural - Exception Four (RU-E4) Zone, a severance may be permitted with an existing
mobile home located on each of the severed and retained lots.
22.4.5
Rural - Exception Five (RU-E5)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located
within Part of Lot 5, Concession X, a rafting access and other commercial recreation uses
existing at the date of passing of this By-law shall be a permitted use.
22.4.6
Rural-Exception Six (RU-E6)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Rural - Exception Six (RU-E6) Zone within Part of Lot 1, Concession IV, Township of Ross,
an automotive commercial garage shall be a permitted use.
22.4.7
Rural-Exception Seven (RU-E7)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Rural - Exception Seven (RU-E7) Zone, within Part of Lot 19, Concession I, a sawmill shall
be a permitted use.
22.4.8
Rural-Exception Eight (RU-E8)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located
within Part of Lot 20, Concession IV, Township of Ross, the minimum building setback from
the top of bank shall be 15 metres. The minimum building setback means the straight line
horizontal distance from the top of the bank to the nearest part of any excavation, building,
THE TOWNSHIP OF WHITEWATER COMPREHENSIVE ZONING BY-LAW
22.0 REQUIREMENTS FOR RURAL (RU) ZONES
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structure or open storage use on the lot. Top of bank means a line delineated at a point where
the oblique plane of the slope meets the horizontal plan.
22.4.9
Rural-Exception Nine (RU-E9)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the RU-E9
Zone located within Lots 6 and 7, Concession II, Township of Ross and described as Part 3
on Reference Plan 49R-12504, a contractor's yard or shop and an accessory single detached
dwelling shall be permitted uses.
22.4.10 Rural-Exception Ten (RU-E10)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the RU-
E10 Zone located within Lot 1, Concession I E.M.L., Township of Ross, the only permitted uses
shall be a single detached dwelling and accessory uses, and the harvesting of field crops.
Other farm uses, and all farm buildings are prohibited. The following provisions shall also
apply:
i)
Lot Area (minimum)
3 hectares
ii) Lot Frontage (minimum)
85 metres
22.4.11 Rural - Exception Eleven (RU-E11)
Notwithstanding any other provisions of this By-law to the contrary, for the lands in the RU-
E11 Zone located within Lot 10, Concession II, Township of Ross, a golf driving range and
accessory uses, building and structures shall be permitted uses.
A golf driving range means the use of land for the purpose of developing golfing
techniques be excluding a golf course.
22.4.12 Reserved
22.4.13 Rural - Exception Thirteen (RU-E13)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Rural - Exception Thirteen (RU-E13) Zone, within Part of Lot 27, Concession IV,
geographic Township of Ross and described as Parts 5, 6, 7, 10, 11, and 12 on Reference
Plan 49R-309, a sawmill shall be a permitted use as well as accessory uses such as a planer
and a kiln.
22.4.14 Rural - Exception Fourteen (RU-E14)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Rural - Exception Fourteen (RU-E14) Zone, within Part of Lot 5, Concession VI,
geographic Township of Ross, a welding shop shall be a permitted use. A welding shop
means a building or structure or part thereof where metal products are joined, repaired or
shaped by welding but no mass productions shall be involved. The following Zone
provisions shall also apply:
i)
Front Yard Depth
22 metres
ii)
Side Yard Width
22 metres
iii)
Rear Yard Depth
22 metres
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22.0 REQUIREMENTS FOR RURAL (RU) ZONES
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The provisions of the Rural - Exception Twelve - Temporary (RU-E12- Temporary) Zone
which permit a mobile home on a temporary basis until September 25th, 2004 shall continue
to apply. The mobile home is permitted in addition to a single detached dwelling.
22.4.15 Rural - Exception Fifteen (RU-E15)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Rural - Exception Fifteen (RU-E15) Zone within part of Lot 14, Concession 2, geographic
Township of Ross, a single detached dwelling is a permitted use. All of the zone provisions
of the RU Zone shall apply.
22.4.16 Rural - Exception Sixteen (RU-E16)
Notwithstanding any other provisions of this By-law to the contrary, for the lands located in
the Rural - Exception Sixteen (RU-E16) Zone within part of Lot 15, Concession 3, geographic
Township of Ross, with a civic address of 1069 Olmstead-Jeffrey Lake Road, the minimum
front yard depth shall be 2.0 metres.
22.4.17 Rural - Exception Seventeen (RU-E17)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 20, Concession 4, geographic Township of Ross, and delineated as Rural -
Exception Seventeen (RU-E17) on the Schedule to this By-law, the minimum required water
setback, from the high water mark shall be 14 meters, to allow an addition to the existing
dwelling.
22.4.18 Rural - Exception Eighteen (RU-E18)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 10, Concession 2, geographic Township of Ross, and delineated as Rural-
Exception Eighteen (RU-E18) on the Schedule to this By-law, the existing accessory building
shall be permitted to be converted for use as a mini storage establishment.
22.4.19 Rural - Exception Nineteen (RU-E19)
Notwithstanding any other provision of this By-law, for those lands located in part of Lot 17,
Concession 3, geographic Township of Ross, and delineated as Rural-Exception Nineteen
(RU-E19) on the Schedule to this By-law, the only permitted use shall be water access.
Residential uses are prohibited.
22.4.20 Rural - Exception Twenty (RU-E20)
Notwithstanding any other provision of this By-law, for those lands located in part of Lot 2,
Concession 1, WML, geographic Township of Ross, and delineated as Rural-Exception
Twenty (RU-E20) on the Schedule to this By- law, two single detached dwellings shall be
permitted on one lot.
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22.0 REQUIREMENTS FOR RURAL (RU) ZONES
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22.4.21 Reserved
22.4.22 Rural - Exception Twenty-Two (RU-E22)
Notwithstanding any other provision of this By-law, for those lands located in part of Lot 23,
Concession 4, geographic Township of Ross, located on Mine View Road and delineated
as Rural-Exception Twenty-Two (RU- E22) on the Schedule to this By-law, the existing farm
buildings shall be permitted a minimum 12 metres (39.3 feet) from a lot line.
22.4.23 Rural - Exception Twenty-Three (RU-E23)
Notwithstanding any other provision of this By-law, for those lands located in part of Lot 23,
Concession 4, geographic Township of Ross, located on Mine View Road and delineated
as Rural-Exception Twenty- Three (RU-E23) on the Schedule to this By-law, the following
provisions shall also apply:
i)
No dwelling shall be erected within 300 metres of an Extractive Industrial
(EM) Zone.
ii) One accessory building shall be permitted before the establishment of a
principal use.
22.4.24 Rural - Exception Twenty-Four (RU-E24)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 23, Concession 4, geographic Township of Ross, located on Mine View Road
and delineated as Rural- Exception Twenty-Four (RU-E24) on the Schedule to this By-law,
the only permitted use shall be a building for the parking and storage of commercial
vehicles. The storage of waste shall be prohibited.
22.4.25 Rural - Exception Twenty-Five (RU-E25)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 27, Concession 3, geographic Township of Ross, located on Orin Road and
delineated as Rural-Exception Twenty-Five (RU-E25) on the Schedule to this By-law,
development shall be prohibited and a 30 metre wide natural vegetative buffer, adjacent
to the TransCanada Pipeline right-of-way, shall be maintained.
22.4.26 Rural - Exception Twenty-Six (RU-E26)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lots 19 & 20, Concession 3, geographic Township of Ross, located on Olmstead-
Jeffrey Lake Road and delineated as Rural-Exception Twenty-Six (RU-E26) on the Schedule
to this By- law, an accessory storage building shall be permitted prior to the establishment
of a main permitted use.
22.4.27 Rural - Exception Twenty-Seven (RU-E27)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 22, Concession Left Fronting on Roche Fendre Lake, geographic Township of
Ross, located at 1106 Kerr Line and delineated as Rural-Exception Twenty-Seven (RU-E27)
on the Schedule to this By-law, a welding and repair shop shall be an additional permitted
use.
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22.0 REQUIREMENTS FOR RURAL (RU) ZONES
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22.4.28 Rural - Exception Twenty-Eight (RU-E28)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 25, Concession 4, geographic Township of Ross, located on Chenaux Road
and delineated as Rural-Exception Twenty-Eight (RU-E28) on the Schedule to this By-law,
the minimum required rear yard depth shall be 38 metres.
22.4.29 Rural - Exception Twenty-Nine (RU-E29)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 27, Concession 1, geographic Township of Ross, located on Orin Road and
delineated as Rural-Exception Twenty-Nine (RU-E29) on the Schedule to this By-law, the
minimum required setback from an Extractive Industrial Reserve (EMR) Zone shall be 7.5
metres.
22.4.30 Rural - Exception Thirty (RU-E30)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 16, Concession 1, geographic Township of Ross, located on Utronki Road and
delineated as Rural-Exception Thirty (RU-E30) on the Schedule to this By-law, lot frontage
on, and access by, a seasonally maintained municipal road is permitted and residential
development is prohibited.
22.4.31 Rural - Exception Thirty-One (RU-E31)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 27, Concession 5, geographic Township of Ross, located on Berts Road and
delineated as Rural-Exception Thirty-One (RU-E31) on the Schedule to this By-law, a
dwelling shall not be permitted.
22.4.32 Rural - Exception Thirty-Two (RU-E32)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 27, Concession 5, geographic Township of Ross, located on Berts Road and
delineated as Rural-Exception Thirty-Two (RU-E32) on the Schedule to this By-law, a
dwelling shall not be permitted.
22.4.33 Rural - Exception Thirty-Three (RU-E33)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 23, Concession 6, geographic Township of Ross, located at 476 Blind Line and
delineated as Rural-Exception Thirty-Three (RU-E33) on the Schedule to this By-law, existing
farm buildings are permitted 21 metres from the northwest side lot line and 16 metres from
the rear lot line.
22.4.34 Rural - Exception Thirty-Four (RU-E34)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 23, Concession 6, geographic Township of Ross, located on Blind Line and
delineated as Rural-Exception Thirty-Four (RU-E34) on the Schedule to this By-law, the
existing farm building is permitted 24.9 metres from the lot line.
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22.0 REQUIREMENTS FOR RURAL (RU) ZONES
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22.4.35 Rural - Exception Thirty-Five (RU-E35)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 3, Concession 1 W.M.L., geographic Township of Ross, located at 168 Snake
River Line and delineated as Rural-Exception Thirty-Five (RU-E35) on the Schedule to this
By-law, the following setbacks shall apply to existing farm buildings:
Cattle Barn:
Rear Yard (minimum)
40 metres
Northwest Side Yard (minimum)
15 metres
Hay/Machine Shed:
Rear Yard (minimum)
30 metres
Northwest Side Yard (minimum)
30 metres
Storage Shed:
Northwest Side Yard (minimum)
45 metres
All other provisions of this By-law shall apply.
22.4.36 Rural - Exception Thirty-Six (RU-E36)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 15, Concession 3, geographic Township of Ross, located at 1089 Olmstead
Jeffery Lake Road and delineated as Rural-Exception Thirty-Six (RU-E36) on the Schedule to
this By-law, an accessory detached garage shall be permitted in the front yard and the
minimum front yard setback shall be 4.5 metres from the front lot line.
22.4.37 Rural - Exception Thirty-Seven (RU-E37)
Notwithstanding any other section of this By-law to the contrary, for those lands located in
part of Lot 19, Concession 1, geographic Township of Ross, located at 373 Dombroskie
Road and delineated as Rural-Exception Thirty-Seven (RU-E37) on the Schedule to this By-
law, access to a sawmill located in the Rural-Exception-Seven (RU-E7) shall be an additional
permitted use.
22.4.38 Rural - Exception Thirty-Eight (RU-E38)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 10, Ross Concession 3, Kohlsmith Road, geographic Township of Ross
and delineated as Rural Exception Thirty-Eight (RU-E38) on the Schedule to this By-law, the
following provisions shall apply:
i)
a minimum 20 metres wetland setback for buildings and structures.
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22.0 REQUIREMENTS FOR RURAL (RU) ZONES
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22.4.39 Rural - Exception Thirty-Nine (RU-E39)
Notwithstanding any other provisions of this By-law, for those lands described as Part of Lot
6, Concession 1, geographic Township of Ross (Astrolabe Road) and delineated as Rural
Exception Thirty-Nine (RU-E39) on the Schedule to this By-law, the following provisions shall
apply to a semi-detached dwelling:
i)
Lot Area (minimum)
795 square metres
ii) Lot Frontage (minimum)
iii) Lot Frontage (minimum each on a separate lot)
25.0 metres
12.5 metres
iv) Front Yard Depth (minimum)
6.0 metres
v) Side Yard Width (minimum)
2.5 metres
vi) Rear Yard Depth (minimum)
6.0 metres
vii) Lot Coverage (maximum)
49%
22.4.40 Rural - Exception Forty (RU-E40)
Notwithstanding any other provisions of this By-law, for those lands described as Part of Lot
17, Concession 3, Olmstead-Jeffrey Lake Road, geographic Township of Ross, and
delineated as Rural Exception Forty (RU-E40) on the Schedule to this By-law the following
zone provisions shall apply:
i)
Lot Frontage (minimum)
10.0 metres
22.4.41 Rural - Exception Forty-One (RU-E41)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 26, Concession 3, geographic Township of Ross, located on Calvin Road and
delineated as Rural-Exception Forty-One (RU-E41) on the Schedule to this By-law, a
secondary dwelling unit shall not be permitted.
For the purposes of this subsection, a secondary dwelling unit shall be defined as follows:
Secondary Dwelling Unit means a separate dwelling unit in which food preparation, eating,
living, sleeping and sanitary facilities are provided for the exclusive use of the occupants
thereof, which is subsidiary to and located in the same building as an associated principal
dwelling unit.
22.4.42 Rural - Exception Forty-Two (RU-E42)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 11, Concession 9, geographic Township of Ross, located on Kerr Line and
delineated as Rural - Exception Forty-Two (RU-E42) Zone on the Schedule to this By-law,
farm uses (i.e. livestock building) shall be permitted. The following provisions shall also
apply:
Livestock Building or Structure and Farm Uses
i)
Rear Yard Depth (minimum):
9.0 metres
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ii) Centreline of Any Street (minimum):
17 metres
22.4.43 Rural - Exception Forty-Three (RU-43)
In addition to the uses normally permitted in the RU Zone, those lands described as part of
Lot 6, Concession IV, E.M.L., Township of Westmeath and delineated as Rural-Exception
Forty-Three (RU-E43) on the Schedule to this By-law an apartment building containing not
more than 56 dwelling units, accessory dining facilities, meeting rooms and similar uses shall
be permitted in accordance with the RU zone provisions, excepting, however, that:
i)
Lot Area (minimum)
2.3 hectares
ii) Lot Frontage (minimum)
230 metres
iii) Lot Coverage (maximum)
10.0 %
22.4.44 Rural - Exception Forty-Four (RU-E44)
Notwithstanding anything in this By-law to the contrary, for those lands described as part of
Lot 15, Concession I, Township of Westmeath and delineated as Rural- Exception Forty-
Four (RU-E44) on the Schedule to this By-law the Front Yard Depth (minimum) shall be 6.0
metres and the Lot Line, Front shall be the longest lot line abutting a street.
22.4.45 Rural - Exception Forty-Five (RU-E45)
Notwithstanding the definition of Home Industry to the contrary, for those lands described
as part of Lot 25, Concession "B", Township of Westmeath and delineated Rural-Exception
Forty-Five (RU-E45) on the Schedule to this By-law a home industry within a garage attached
to a single dwelling shall be permitted.
22.4.46 Rural - Exception Forty-Six (RU-E46)
In addition to those uses normally permitted in the Rural (RU) zone, for those lands described
as part of Lot 12, Concession III E.M.L, Township of Westmeath and delineated Rural-
Exception Forty-Six (RU-E46) on the Schedule to this By-law an automotive-commercial
garage and an Antique Furniture Restoration Workshop, Cabinet Making Shop and
Showroom shall be permitted shall be a permitted use.
The following provisions shall also apply to these lands:
Lot Area (minimum)
2025 square metres
Lot Frontage (minimum)
41 metres*
22.4.47 Rural - Exception Forty-Seven (RU-E47)
In addition to those uses normally permitted in the Rural (RU) zone, for those lands
described as part of Lot 4, Concession II E.M.L, Township of Westmeath and delineated
Rural-Exception Forty-Seven (RU-E47) on the Schedule to this By-law an agriculture
commercial establishment shall be a permitted use.
22.4.48 Rural - Exception Forty-Eight (RU-E48)
In addition to those uses normally permitted in the Rural (RU) zone, for those lands
described as part of Lot 3, Concession III E.M.L, Township of Westmeath and delineated
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Rural-Exception Forty-Eight (RU-E48) on the Schedule to this By-law an agriculture
commercial establishment shall be a permitted use.
22.4.49 Rural - Exception Forty-Nine (RU-E49)
In addition to those uses normally permitted in the Rural (RU) zone, for those lands
described as part of lot 2, Concession V E.M.L, Township of Westmeath and delineated
Rural - Exception Forty-Nine (RU-E49) on the Schedule to this By-law a gun club shall be a
permitted use. For the purposes of this subsection, gun club shall mean an association of
persons sharing a common interest or recreation and shall include an accessory club house
and shooting range.
22.4.50 Rural - Exception Fifty (RU-E50)
For those lands described as part of Lot 19, Concession I E.M.L, Township of Westmeath
and delineated Rural - Exception Fifty (RU-E50) on the Schedule to this By-law, Sections 3.24
(a)(ii) and 3.24(a)(iii) shall not apply.
22.4.51 Rural - Exception Fifty-One (RU-E51)
Notwithstanding subsections 3.24(a)(iii) and 3.25(f) to the contrary, for those lands
described as part of Lot 18, Concession VI E.M.L., Township of Westmeath and delineated
as Rural - Exception Ffity-One (RU-E51) on the Schedule to this By-law, the minimum setback
for a single detached dwelling from the Extractive Industrial (EM) zone shall be forty (40)
metres and the minimum setback from a provincially significant wetland shall be forty (40)
metres.
22.4.52 Rural - Exception Fifty-Two (RU-E52)
Notwithstanding subsections 21.1(a) and (b) to the contrary, for those lands described as part
of Lot 18, Concession A (EML) and part of Lot 19, Concession B (EML), Township of
Westmeath and delineated as Rural-Exception Fifty-Two (RU-E52) on the Schedule to this
By-law the only permitted use shall be a hunting and fishing camp.
22.4.53 Rural - Exception Fifty-Three (RU-E53)
In addition to those uses normally permitted in the Rural (RU) Zone, for those lands described
as Part of Lot 10, Concession A C.L.F., geographic Township of Westmeath and delineated
as Rural - Exception Fifty-Three (RU-E53) on the Schedule to this By-law, a bed and breakfast
establishment that is separate from the main dwelling on the lot and which is not owner-
occupied shall also be a permitted use. In addition, two sleep cabins will be permitted on
this lot.
22.4.54 Rural - Exception Fifty-Four (RU-E54)
Notwithstanding anything in this By-law to the contrary, for those lands located within part
of Lot 12, Concession 3 East of Muskrat Lake, geographic Township of Westmeath, more
particularly described as Part 3 on Reference Plan 49R-1121, and delineated as Rural -
Exception Fifty-Four (RE-E54) on the Schedule to this By-law, the following provisions shall
apply:
i)
Lot Area (minimum)
2025 square metres
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ii) Lot Frontage (minimum)
42 metres
22.4.55 Rural - Exception Fifty-Five (RU-E55)
Notwithstanding anything in this By-law to the contrary, for those lands located within part
of Lot 21, Concession North Front A, geographic Township of Westmeath, and delineated
as Rural - Exception Fifty-Five (RU-E55) on the Schedule to this By-law, the housing of
livestock is not permitted in the existing barn.
22.4.56 Rural - Exception Fifty-Six (RU-E56)
Notwithstanding any other provisions of this By-law, for those lands located in part of Lot 5,
Concession 3 Coulonge Lake Front, geographic Township of Westmeath, and delineated as
Rural-Exception Fifty-Six (RU-E56) on the Schedule to this By-law, an automotive repair
garage shall be an additional permitted use.
For the purposes of this subsection, an automotive repair garage shall be defined as a
building where major repairs of vehicles may be performed (including welding) but shall not
include body work or dismantling motor vehicles for scrap or the storage of motor vehicles
awaiting scrapping.
22.4.57 Rural - Exception Fifty-Seven (RU-E57)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in Part of Lot 7, Concession 2, East of Muskrat Lake, geographic Township of Westmeath,
and delineated as Rural-Exception Fifty-Seven (RU-E57) on the Schedule to this By-law, a
single detached dwelling shall be permitted on a site approved by the Township's Chief
Building Official. All provisions of the RU Zone shall apply.
22.4.58 Rural - Exception Fifty-Eight (RU-E58)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in Part of Lot 6, Concession 4, geographic Township of Westmeath, and delineated as Rural-
Exception Fifty-Eight (RU-E58) on the Schedule to this By-law, the 150 metre separation
distance from an Extractive Industrial Reserve (EMR) Zone shall not apply. All other provisions
of the By-law shall apply.
22.4.59 Rural - Exception Fifty-Nine (RU-E59)
Notwithstanding any provisions of this By-law to the contrary, for those lands located in Part of
Lot 2, Concession 4, East of Muskrat Lake, geographic Township of Westmeath and know
municipally as 819 Beachburg Road, and delineated as Rural- Exception Fifty-Nine (RU-E59)
on the Schedule to this By-law, a solar photovoltaic electricity generation facility shall be a
permitted use in addition to the other uses normally permitted in the RU Zone. A solar
photovoltaic electricity generation facility is defined as a facility consisting of multiple rows
of ground- mounted photovoltaic panels and related structures, the purpose of which is to
generate electrical power from solar energy for transmission to the existing electrical grid.
22.4.60 Rural - Exception Sixty (RU-E60)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in Part of Lot 2, Concession 3 EML, geographic Township of Westmeath, and delineated as
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Rural-Exception Sixty (RU-E60) on the Schedule to this By- law, the 150 metre separation
distance for a dwelling from an Extractive Industrial (EMR) Zone is not required.
22.4.61 Rural - Exception Sixty-One (RU-E61)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Lot 16, Concession 1 EML, geographic Township of Westmeath, and delineated
as Rural-Exception Sixty-One (RU-E61), on the Schedule to this By-law, the separation
distance from an Extractive Industrial (EM) Zone shall not apply.
22.4.62 Rural - Exception Sixty-Two (RU-E62)
Notwithstanding anything in this By-law to the contrary, for those lands located in part of
Lot 5, Concession 2 EML, geographic Township of Westmeath, and delineated as Rural-
Exception Sixty-Two (RU-E62), as shown on the Schedule to this By-law, a maximum of four
fainting goats shall be permitted on a residential lot.
22.4.63 Rural - Exception Sixty-Three (RU-E63)
Notwithstanding any other provision of this By-law to the contrary, those lands located in
part of Lot 8, East Front C, geographic Township of Westmeath and delineated as Rural-
Exception Sixty-Three (RU-E63) on the Schedule to this By- law, the keeping of livestock
within barns shall be prohibited.
22.4.64 Rural - Exception Sixty-Four (RU-E64)
Notwithstanding any other provision of this By-law to the contrary, those lands located in
part of Lot 9, Concession 4, geographic Township of Westmeath and delineated as Rural-
Exception Sixty-Four (RU-E64) on the Schedule to this By- law, the following provisions shall
apply:
i)
Lot Area (minimum)
2040 square metres
ii) Lot Frontage (minimum)
30 metres
22.4.65 Rural - Exception Sixty-Five (RU-E65)
Notwithstanding Section 21.1(a) and (b) or any other provision of this By-law to the contrary,
for those lands located in part of Lot 11, Concession A CLF, geographic Township of
Westmeath and delineated as Rural-Exception Sixty-Five (RU-E65) on the Schedule to this
By-law, residential uses shall be prohibited. All other provisions of the Zoning By-law shall
apply.
22.4.66 Rural - Exception Sixty-Six (RU-E66)
Notwithstanding any other provision of this By-law to the contrary, for those lands located in
part of Lot 11, Concession A CLF, geographic Township of Westmeath and delineated as Rural-
Exception Sixty-Six (RU-E66) on the Schedule to this By-law, buildings and structures are
permitted on a lot that is accessed by an unopened road allowance under an agreement with
the Municipality.
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22.4.67 Reserved
22.4.68 Rural - Exception Sixty-Eight (RU-E68)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in Part of Lot 27, Concession 2 WML, geographic Township of Westmeath and known
municipally as 1641 Greenwood Road, and delineated as Rural - Exception Sixty-Eight (RU-
E68), as shown on the Schedule to this By-law, a micro-brewery, an eating establishment,
and an accessory single detached dwelling shall be permitted uses in addition to the other
uses normally permitted in the RU Zone. All other provisions of the By-law shall apply.
a) For the purposes of this by-law:
Micro-brewery means a small scale brewery dedicated to producing low volumes of craft
beer for sale to establishments and/or liquor stores within a distribution area. Ancillary
permitted uses shall include tasting of beer brewed on-site, brewery tours, merchandise
sales and retail sale of beer brewed on-site for off-site consumption.
22.4.69 Rural - Exception Sixty-Nine (RU-E69)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 16, Concession EFC, Lacroix Bay Road, geographic Township of
Westmeath and delineated as Rural - Exception Sixty-Nine (RU-E69) on the Schedule to this
By-law, the following provisions shall apply:
i)
Lot Area (Minimum)
54 hectares
ii) Lot Frontage (Minimum)
300 metres
22.4.70 Rural - Exception Seventy (RU-E70)
Notwithstanding any other provision of this By-law, for those lands located in Part of Lot 20,
Westmeath, Concession B, E.M.L., geographic Township of Westmeath, and delineated as
Rural - Exception Seventy (RU-E70) on the Schedule to this By-law, the following provisions
shall apply:
Lot Frontage (minimum)
35 metres
22.4.71 Rural - Exception Seventy-One (RU-E71)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 15, Concession 8, geographic Township of Westmeath, and delineated as
Rural - Exception Seventy-One (RU-E71) on the Schedule to this By-law, the following
provisions shall apply:
a) Minimum Lot Frontage
20 metres
b) The minimum side yard along the north-east lot line shall be 30 metres for all
structures, buildings, and outdoor storage
All other provisions of this By-law shall apply.
22.4.72 Rural - Exception Seventy-Two (RU-E72)
Notwithstanding any other provision of this By-law, for those lands located in Part of Lot 5,
Westmeath Concession 6 EML, Government Road, geographic Township of Westmeath,
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and delineated as Rural - Exception Seventy-Two (RU-E72) on the Schedule to this By-law,
a single detached dwelling shall be a permitted use subject to the following provisions:
a) Development setback from an Extractive Industrial Zone (minimum): 40 metres
All other provisions of this By-law shall apply.
22.4.73 Rural - Exception Seventy-Three (RU-E73)
Notwithstanding any other provision of this By- law, for those lands located in Part of Lot 16,
Westmeath Concession 7 EML, Lookout Road, geographic Township of Westmeath, and
delineated as Rural - Exception Seventy-Three (RU-E73) on the Schedule to this By-law, the
following provisions shall apply:
a) Development setback from an Extractive Industrial Zone and dwelling
(minimum): 3 metres
All other provisions of this By-law shall apply.
22.4.74 Rural - Exception Seventy-Four (RU-E74)
Notwithstanding any other provisions of this By-law to the contrary, for those lands in part
of Part of Lot 23, Ross Concession 3, Garden of Eden Road, geographic Township of Ross
and delineated as Rural - Exception Seventy-Four (RU-E74) on the Schedule to this By-law,
the minimum setback of a dwelling to an Industrial Zone shall be 0 metres.
22.4.75 Rural - Exception Seventy-Five (RU-E75)
Notwithstanding any other provision of this By- law, for those lands located in Part of 9,
Concession 2, Highway 17, geographic Township of Ross, and delineated as Rural -
Exception Seventy-Five (RU-E75) on the Schedule to this By-law, a kennel shall be an
additional permitted use.
22.4.76 Rural - Exception Seventy-Six (RU-E76)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in Part of Lot 19, Westmeath Concession 1 West of Muskrat Lake, 2764 Snake River Line,
geographic Township of Westmeath and delineated as Rural - Exception Seventy-Six (RU-
76) on the Schedule to this By-law, a home industry that uses the entirety of an existing
garage (185.8 square meters) shall be permitted with the following provisions:
i)
Lot Area (minimum) 0.65 hectares
ii) No land on the lot of a home industry shall be used for any other purpose than
for a buffer strip within 10.0 meters of a lot in any Zone other than an Industrial
Zone.
22.4.77 Rural - Exception Seventy-Seven (RU-E77)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in Part Lot 6, Concession 2 CLF, RP29R20134 Part 1, geographic Township of Westmeath
and delineated as Rural - Exception Seventy-Seven (RU-E77) on the Schedule to this By-law,
an accessory building (private garage) is permitted to be built on the property prior to the
construction of the primary residential use. No human habitation or commercial activity shall
be permitted in the accessory building (private garage).
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22.4.78 Rural - Exception Seventy-Eight (RU-E78)
Notwithstanding any other provisions of this By-law to the contrary, for the portion of lands
located in Lot 4, Part of Lot 5, Westmeath Concession 2 CLF, and delineated as Rural -
Exception Seventy-Eight (RU-E78) on the Schedule to this By-law, the following provisions
shall apply to an Additional Residential Unit:
i)
The Additional Residential Unit does not need to be accessed by the existing vehicular
entrance.
ii) The Additional Residential Unit does not need to be located within 75 metres of the
principal dwelling unit.
iii) The minimum Separation Distance between the Additional Residential Unit and lands
zoned Extractive Industrial Reserve - Sand and Gravel (EMR-SG) shall be 0 (zero) metres.
iv) The minimum Separation Distance between the Additional Residential Unit and lands
zoned Extractive Industrial Reserve - Bedrock (EMR-B) shall be 0 (zero) metres.
22.5 HOLDING ZONES
22.5.1
Rural-holding (RU-h) (Part of Lots 23 & 24, Concession 4, Chenaux Road,
Geographic Township of Ross)
Until such time as the holding symbol is removed from lands described as Part of Lots 23
and 24, Concession 4, Chenaux Road, geographic Township of Ross and delineated as
Rural - holding (RU-h) on the Schedule to this By-law, in accordance with the conditions set
forth herein, no person shall use land or erect or use a building or structure, except in
accordance with the following.
i)
Permitted Uses
-existing hunting camp
-non-residential uses permitted in the Rural Zone
ii) Conditions for removal of Holding Symbol (h)
a) A Mineral Aggregate Impact Study is submitted to the satisfaction of the Township.
b) A Waste Disposal Site Impact Study, in accordance with the Ministry of Environment,
Conservation, and Parks' Guideline D-4 (Land Use On or Near Landfills and Dumps),
is submitted to the satisfaction of the Township.
c) Written approval is obtained by the Ministry of Mines.
22.5.2
Rural-holding (RU-h) (Part Lots 14 & 15, Concession 6, EML-Lookout
Road)
Until such time that the holding symbol is removed from any of the land in this location
zoned RU-h, in accordance with the conditions set forth herein, no person shall use land or
erect or use a building or structure except in accordance with the following:
(1) Permitted Uses
- existing uses in existing locations
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- open space
- passive recreation that does not require a building
(2) Conditions for removal of Holding Symbol (h)
The conditions that must be satisfied prior to the removal of the holding symbol are:
(i)
The digging of test holes to identify a suitable building site as set out in the
County of Renfrew karst protocol.
22.5.3
Rural-holding (RU-h) (Part Lot 6, Concession 3 Coulonge Lake - Malloy
Road)
Until such time that the holding symbol is removed from any of the land in this location
zoned RU-h, in accordance with the conditions set forth herein, no person shall use land or
erect or use a building or structure except in accordance with the following:
(1) Permitted Uses
- existing uses in existing locations
- open space
- passive recreation that does not require a building
(2) Conditions for removal of Holding Symbol (h)
The conditions that must be satisfied prior to the removal of the holding symbol are:
(i)
The digging of test holes to identify a suitable building site as set out in the
County of Renfrew karst protocol.
22.5.4
Rural-Exception Forty-Six-holding (RU-46-h)
Until such time that the holding symbol is removed from any of the land in this location
zoned RU-h, in accordance with the conditions set forth herein, no person shall use land or
erect or use a building or structure except in accordance with the following:
(1) Permitted Uses
-
existing permitted uses
-
uses permitted in the RU Zone
(2) Conditions for removal of Holding Symbol (h)
a)
Environmental Impact Study
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23
REQUIREMENTS FOR
ENVIRONMENTAL PROTECTION (EP)
ZONES
23.1 PERMITTED USES
No person shall use land or erect or use a building or structure in an Environmental Protection
(EP) Zone except for:
-
dam or other water control structure
-
erosion control structure
-
existing farms including forestry but not including an intensive farm, and
excluding any additional dwelling associated with a farm use
-
forestry
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-
limited farm
-
no new buildings or structures other than for floor or erosion control
-
passive recreation
23.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in an Environmental
Protection (EP) Zone except in accordance with the following provisions:
a) Front Yard Depth (minimum)
10.5 metres
b) Side Yard Width (minimum)
5 metres
c) Rear Yard Depth (minimum)
15 metres
d) Lot Coverage (maximum)
1%
e) Building Height (maximum)
5 metres
23.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law, provided such accessory buildings and structures do not exceed nine and three-
tenths (9.3) square metres.
23.4 EXCEPTION ZONES:
23.4.1
Environmental Protection-Exception One (EP-E1)
Notwithstanding anything in this By-law to the contrary, for those lands located in part of Lot
15, Concession NFA, geographic Township of Westmeath, and delineated as Environmental
Protection-Exception One (EP-E1), as shown on the Schedule to this By-law, no buildings or
structures shall be permitted.
23.4.2
Environmental Protection-Exception Two (EP-E2)
Notwithstanding any other provision of this By-law to the contrary, those lands located in
part of Lots 11 and 12, North Front A, geographic Township of Westmeath and delineated
as Environmental Protection-Exception Two (EP-E2) on the Schedule to this By-law,
represent a required 30 metre natural habitat buffer as identified in a study prepared by
Brunton Consulting Services, dated November 26, 2012.
The 30 metre buffer shall be measured upslope from the 115 metre contour as defined in
the former Township of Westmeath Flood Damage Reduction Program (FDRP) mapping,
which has been identified as the boundary of the Bellow's Bay Provincially Significant
Wetland on the subject lands.
The 30 metre buffer shall be maintained as a natural vegetative buffer to ensure slope
stability, protection for the PSW and filtering for surface water protection.
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23.5 HOLDING ZONES
(Reserved)
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24
REQUIREMENTS FOR
OPEN SPACE (OS) ZONES
24.1 PERMITTED USES
No person shall use land or erect or use a building or structure in an Open Space (OZ) Zone
except for:
(a)
Residential Uses
-
a single-detached dwelling existing at the time of passing of this By-law
(b)
Non-Residential Uses
-
public park
-
private park
-
cemetery
-
passive recreation
-
landscaped open space
-
natural area
24.2 ZONE PROVISIONS
a) Lot Area (minimum)
Nil
b) Front Yard Depth (minimum)
Nil
c) Side Yard Width (minimum)
Nil
d) Rear Yard Depth (minimum)
Nil
e) Building Height (maximum)
5 metres
24.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
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24.4 EXCEPTION ZONES
24.4.1
Open Space - Exception One (OS-E1)
Notwithstanding any other provision of this By-law to the contrary, for those lands located in
part of Lot 14, Concession A E.M.L., geographic Township of Westmeath, and delineated as
Open Space - Exception One (OS-E1) on the Schedule to this By-law, the only permitted use
shall be to provide water access for those residential lots created by B169/05(2), B170/05(3)
and B171/05(4). Accessory boat docking and launching facilities are also permitted.
24.4.2
Open Space - Exception Two (OS-E2)
Notwithstanding any other provision of this By-law to the contrary, for those lands
delineated as Open Space - Exception One (OS-E2) on the Schedule to this By-law, the
following provision shall apply:
i)
Permitted Uses
a) Residential Uses
-
A detached single detached dwelling unit if occupied by a caretaker, watchman
or other similar persons employed full time on the lot which such dwelling house
is located.
b) Non-Residential Uses
-
Recreational uses such as park, playground, picnic area, golf course
-
Private park
ii) Zone Provisions
a) Front Yard Depth (minimum)
10.5 metres
b) Side Yard Depth (minimum)
5 metres
c) Rear Yard Depth (minimum)
15 metres
d) Setbacks from water and roads shall be provided in accordance with the
provisions for Setbacks for Roads and Waterbodies in Section 3.30 of this By-law
e) Notwithstanding any zone provisions of the OS Zone to the contrary, uses,
buildings and structures that are accessory to the permitted uses in the OS-E2
Zone shall be permitted in accordance with Section 3.1 of this By-law.
24.4.3
Open Space - Exception Three (OS-E3)
Notwithstanding any other provision of this By-law to the contrary, for those
lands delineated as Open Space - Exception Three (OS-E3) on the Schedule to
this By-law, the only permitted use shall be conservation of soil or wildlife" and
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adding instead "Notwithstanding any other provision of this By-law to the
contrary, for those lands delineates as Open Space - Exception Three on the
Schedule to this by-law, an Active Recreational Trail is an additional permitted
use.
Active Recreational Trail means land that provides access for snowmobiling and
other offroad vehicle use, hiking, biking, walking, cross-country skiing and any
other outdoor recreation that requires the use of trails.
24.5 HOLDING ZONES
(Reserved)
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25
REQUIREMENTS FOR WATERFRONT
VICINITY (WV) ZONES
25.1 PERMITTED USES
No person shall use land or erect, alter or use a building or structure in any WV Zone except for:
a)
Residential Uses
-
single detached dwelling
-
group home
b)
Non-Residential Uses
-
cemetery
-
agricultural use
-
farm produce sales outlet
-
forestry
-
home industry
-
hunting and fishing camp
-
private club
-
public building
-
bed and breakfast establishment
25.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in any WV Zone except
in accordance with the following provisions:
a)
Lot Area (minimum)
Single Detached Dwelling
Other permitted uses
4,000 m2
2 hectares
b)
Lot Frontage (minimum)
45 metres
c)
Water Frontage (minimum)
45 metres
d)
Front Yard Depth (minimum)
7.5 metres
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25.2.1
Parking and Loading
In accordance with the provisions for Parking and Loading Space Requirements in Section
3 - General Provisions of this By-law.
25.2.2
Buffer Strip
No land on the lot of a forestry use or a home industry shall be used for any other purpose
than for a buffer strip within,
-
nine (9.0) metres of a lot in any Zone other than an Industrial Zone
-
twelve (12.0) metres of any street line.
25.2.3
Separation Distances
In accordance with the provisions of Separation Distances in Section 3 - General Provisions
of this By-law.
25.2.4
Setbacks from Roads and Waterbodies
In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-
law.
25.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law.
e)
Interior Side Yard Width (minimum)
3.0 metres
f)
Exterior Side Yard Width (minimum)
7.5 metres
g)
Rear Yard Depth (minimum)
7.5 metres
i)
Lot Coverage (maximum)
30%
j)
Building Height (maximum)
10.5 metres
k)
Open Storage
In accordance with the provisions for
Open Storage in Section 3 - General
Provisions of this By-law.
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25.4 EXCEPTION ZONES
25.4.1
Waterfront Vicinity-Exception One (WV-E1)
Notwithstanding section 19.2 (g) to the contrary, for those lands described as part of Lot 23,
Concession "A" E.M.L., Township of Westmeath and delineated as Waterfront Vicinity-
Exception One (WV-E1) on the Schedule to this By- law the Rear Yard Depth (minimum)
shall be 5.0 metres.
25.4.2
Waterfront Vicinity-Exception Two (WV-E2)
Notwithstanding sections 2.111 and 3.25 (d) to the contrary, for those lands described as part
of Lot 23, Concession "A" E.M.L., Township of Westmeath and delineated as Waterfront
Vicinity-Exception Two (WV-E2) on the Schedule to this By- law the Lot Line, Front shall be
the lot line abutting the road allowance between Concession "A" E.M.L. and Concession
N.F.A. and the minimum water setback shall be 1.5 metres.
25.4.3
Waterfront Vicinity-Exception Three (WV-E3)
Notwithstanding section 19.2 to the contrary, for those lands described as part of Lots 18 and
19, Concession E.F.B., Township of Westmeath and delineated as Waterfront Vicinity-
Exception Three (WV-E3) on the Schedule to this By-law Water Frontage (minimum) shall be
27 metres.
25.4.4
Waterfront Vicinity-Exception Four (WV-E4)
Notwithstanding anything in this By-law to the contrary, for those lands described as part of
Lot 1, Concession II W.M.L., Township of Westmeath and delineated as Waterfront Vicinity-
Exception Four on the Schedule to this By-law the following provisions shall apply:
i)
the northern property line shall be considered the front lot line;
ii) the western property line shall be considered a side lot line;
iii) the eastern property line shall be considered a side lot line; and
iv) the southern property line shall be considered a rear lot line.
25.4.5
Waterfront Vicinity-Exception Five (WV-E5)
Notwithstanding section 3.3.3 to the contrary, for those lands described as part of Lot 1,
Concession I E.M.L., Township of Westmeath and delineated Waterfront Vicinity- Exception
Five (WV-E5) on the Schedule to this By-law an accessory building may be located within
0.25 metres of the southern side of lot line.
25.4.6
Waterfront Vicinity-Exception Six (WV-E6)
In addition to those uses normally permitted in the WV Zone, for those lands described as
part of Lot 26, Concession N.F.A., Township of Westmeath and delineated as Waterfront
Vicinity-Exception Six (WV-E6) on the Schedule to this By-law an automotive-commercial
garage shall be a permitted use.
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25.4.7
Waterfront Vicinity-Exception Seven (WV-E7)
Notwithstanding anything in this By-law to the contrary, for those lands described as part of
Lot 12, Concession II W.M.L., Township of Westmeath and delineated as Waterfront Vicinity-
Exception Seven (WV-E7) on the Schedule to this By- law, a private garage shall be a permitted
use. The permitted private garage shall not be used for habitable purposes.
25.4.8
Waterfront Vicinity-Exception Eight (WV-E8)
Notwithstanding anything in this By-law to the contrary, for those lands located in part of
Lot 30, Concession East Front B, geographic Township of Westmeath, and delineated as
Waterfront Vicinity-Exception Eight (WV-E8), as shown on the Schedule to this By-law, no
buildings or structures shall be permitted and the minimum required lot frontage shall be
20 metres.
25.4.9
Waterfront Vicinity-Exception Nine (WV-E9)
Notwithstanding sections 3.25(d) and 19.2(b)(i) to the contrary, for those lands described
as part of Lot 30, E.F.B., Township of Westmeath and delineated as Waterfront Vicinity-
Exception Nine (WV-E9) on the Schedule to this By-law, the following provisions shall apply:
i)
minimum setback from high water mark
15 metres
ii) minimum lot frontage
25 metres
25.4.10 Waterfront Vicinity - Exception Ten (WV-E10)
Notwithstanding anything in this By-law to the contrary, the permitted uses for those lands
described as part of Lot 19, Concession N.F.A., Township of Westmeath and delineated as
Waterfront Vicinity - Exception Ten (WV-E10) on the Schedule to this By-law shall be limited
to an accessory private garage (not to be used for habitable purposes) in accordance with
the following provisions:
i)
Side Yard Width (minimum)
1 metre
ii) Front Yard Width (minimum)
4 metres
iii) Rear Yard Depth (minimum)
7.5 metres
iv) Lot Coverage (maximum)
25 %
25.4.11 Waterfront Vicinity - Exception Eleven (WV-E11)
Notwithstanding anything in this By-law to the contrary, for those lands located within part
of Lot 11, Concession E.F.C., Township of Westmeath (and more particularly described as
Parts 3 and 4, Reference Plan 49R-10945) and delineated as Waterfront Vicinity - Exception
Eleven (WV-E11) on the Schedule to this By-law, the following provisions shall apply:
i)
Lot frontage (minimum)
38 metres
ii) Water frontage (minimum)
38 metres
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25.4.12 Waterfront Vicinity - Exception Twelve (WV-E12)
Notwithstanding anything in this By-law to the contrary, for those lands described as Part Lot
8, Concession A, Coulonge Lake Front, in the geographic Township of Westmeath and
delineated as Waterfront Vicinity-Exception Twelve (WV-E12) on the Schedule to this By-law,
two limited service seasonal dwellings on one lot shall be permitted.
i)
lot frontage (minimum)
38 metres
ii) water frontage (minimum)
38 metres*
25.4.13 Waterfront Vicinity - Exception Twelve (WV-E12)
Notwithstanding anything in this By-law to the contrary, for those lands located within part
of Lot 23, Concession West Front E, geographic Township of Westmeath (and more
particularly described as Part 4 on Reference Plan 49R-871) and delineated as Waterfront
Vicinity - Exception Twelve (WV-E12) on the Schedule to this By-law, the following provisions
shall apply:
i)
easterly side yard (minimum)
1 metre
ii) water setback (minimum)
12 metres
25.4.14 Waterfront Vicinity - Exception Thirteen (WV-E13)
Notwithstanding anything in this By-law to the contrary, for those lands located at 58 Oak
Ridge Trail within part of Lot 12, Concession I East of Muskrat Lake, geographic Township
of Westmeath (and more particularly described as Part 3 on Reference Plan 49R-9856) and
delineated as Waterfront Vicinity - Exception Thirteen (WV-E13) on the Schedule to this By-
law, an accessory detached garage is permitted in the front yard subject to the following
provisions:
i)
Front Yard Depth (minimum)
3 metres
25.4.15 Waterfront Vicinity - Exception Fourteen (WV-E14)
Notwithstanding anything in this By-law to the contrary, for those lands located within part
of Lot 13, Concession East Front C; geographic Township of Westmeath, more particularly
described as Part 1 on Reference Plan 49R-15164, and delineated as Waterfront Vicinity -
Exception Fourteen (WV-E14) on the Schedule to this By-law, the following provisions shall
apply:
i)
Lot Area (minimum)
3200 square metres
ii)
Lot Frontage (minimum)
38 metres*
25.4.16 Waterfront Vicinity - Exception Fifteen (WV-E15)
Notwithstanding anything in this By-law to the contrary, for those lands located at 28 Farnel
Trail within part of Lot 26, Concession East Front B, geographic Township of Westmeath, more
particularly described as Part 8 on Reference Plan 49R-1880, and delineated as Waterfront
Vicinity - Exception Fifteen (WV-E15) on the Schedule to this By-law, the minimum water
setback shall be 12 metres.
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The existing structure is a raised structure on piles and other similar supports and the area
below the structure shall remain unenclosed. For the purpose of this subsection, unenclosed
shall mean uninhabitable and designed to allow waters to flow freely through in times of
flooding, however, the area may be screened from view with a wooden lattice. Non-
hazardous goods may be stored and locked in this area.
25.4.17 Waterfront Vicinity - Exception Sixteen (WV-E16)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 30, Concession East Front B, geographic Township of Westmeath, more
particularly described as **Part 1** on Reference Plan of Survey 49R-15634 and Part 1 on
49R-5118, and delineated as Waterfront Vicinity - Exception Sixteen (WV-E16) on the
Schedule to this By-law, the only permitted use is for access purposes. The minimum lot
frontage shall be 34 metres. The minimum lot area shall be 0.4 hectares.
25.4.18 Waterfront Vicinity - Exception Seventeen (WV-E17)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 30, Concession East Front B, geographic Township of Westmeath, and
delineated as Waterfront Vicinity - Exception Seventeen (WV-E17) on the Schedule to this By-
law, the following provisions shall apply:
i)
Lot Area (minimum)
2400 square metres
ii) Lot Frontage (minimum)
25 metres
iii) Setback from High Water Mark (minimum)
15 metres
25.4.19 Waterfront
Vicinity
-
Exception
Eighteen
(WV-E18)
(Part Lot 7, North Front D
Notwithstanding Sections 19.1(a), 19.2(a)(i), 19.2(b)(i), 19.2(c) and 3.25(d), or any other
provision of this By-law, for those lands located in part of Lot 7, North Front D, geographic
Township of Westmeath, and delineated as Waterfront Vicinity- Exception Eighteen (WV-
E18) on the Schedule to this By-law, the following provisions shall apply:
i)
Lot Area (minimum) - single detached dwelling
930 square metres
ii) Lot Frontage (minimum) - single detached dwelling
15 metres
iii) Water Frontage (minimum)
22 metres
iv) Water setback (minimum)
20 metres
25.4.20 Waterfront
Vicinity-
Exception
Nineteen
(WV-E19)
(Part Lot 7, North Front D)
Notwithstanding Sections 19.1, 19.2(a)(i), 19.2(b)(i), 19.2(c) and 3.25(d), or any other
provision of this By-law, for those lands located in part of Lot 7, North Front D, geographic
Township of Westmeath, and delineated as Waterfront Vicinity- Exception Nineteen (WV-
E19) on the Schedule to this By-law, the following provisions shall apply:
i)
Lot Area (minimum) - single detached dwelling
930 square metres
ii) Lot Frontage (minimum) - single detached dwelling
14 metres
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iii) Water Frontage (minimum)
22 metres
iv) Water setback (minimum)
26 metres
25.4.21 Waterfront Vicinity - Exception Twenty (WV-E20)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 14, Concession A E.M.L., geographic Township of Westmeath, and delineated
as Waterfront Vicinity-Exception Twenty (WV-E20) on the Schedule to this By-law, the
minimum required lot frontage shall be 21 metres.
25.4.22 Waterfront Vicinity - Exception Twenty-One (WV-E21)
Notwithstanding Section 19.2(b)(i), or any other provision of this By-law, for those lands
located in part of Lot 2, Concession West Front E, geographic Township of Westmeath, and
delineated as Waterfront Vicinity-Exception Twenty-One (WV-E21) on the Schedule to this By-
law, the minimum required lot frontage shall be 18 metres.
25.4.23 Waterfront Vicinity - Exception Twenty-Two (WV-E22)
Notwithstanding Section 19.2(b)(i), or any other provision of this By-law, for those lands
located in part of Lot 11, Concession East Front B, geographic Township of Westmeath, and
delineated as Waterfront Vicinity-Exception Twenty-Two (WV- E22) on the Schedule to this
By-law, the minimum required lot frontage shall be 33 metres.
25.4.24 Waterfront Vicinity - Exception Twenty-Four (WV-E24)
Notwithstanding Section 19.2(b)(i), or any other provision of this By-law, for those lands
located in part of Lot 5, Concession West Front E, geographic Township of Westmeath, and
delineated as Waterfront Vicinity-Exception Twenty-Four (WV- E24) on the Schedule to this
By-law, the minimum required lot frontage shall be 36 metres.
25.4.25 Waterfront Vicinity - Exception Twenty-Five (WV-E25)
Notwithstanding Section 19.2(a), or any other provision of this By-law, for those lands
located in part of Lot 11, Concession B Coulonge Lake Front, geographic Township of
Westmeath, and delineated as Waterfront Vicinity-Exception Twenty- Five (WV-E25) on the
Schedule to this By-law, the following provisions shall apply:
i)
Lot Area (minimum)
3500 square metres
ii)
Dwelling Setback from crest of slope of
existing riverbank*
20 meters
25.4.26 Waterfront Vicinity - Exception Twenty-Six (WV-E26)
Notwithstanding Sections 3.25(f) and 19.2(d) of this By-law to the contrary, for those lands
located in part of Lot 17, Concession North Front A, geographic Township of Westmeath,
and delineated as Waterfront Vicinity-Exception Twenty-Six (WV-E26) on the Schedule to this
By-law, the following provisions shall apply:
i)
Front Yard Setback (minimum)
3.0 metres
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ii)
Setback from land zoned
Provincially Significant Wetland (PSW)
55 metres
All other provisions of the By-law shall apply.
25.4.27 Waterfront Vicinity - Exception Twenty-Seven (WV-E27)
Notwithstanding Sections 3.25(d) of this By-law to the contrary, for those lands located in
part of Lot 26, Concession West Front E, geographic Township of Westmeath, and
delineated as Waterfront Vicinity-Exception Twenty-Seven (WV- E27) on the Schedule to this
By-law, the minimum setback from the highwater mark for a single detached dwelling shall be
20 metres. Prior to the issuance of a building permit, a site plan agreement under section 41
of the Planning Act shall be entered into with the Township and registered on title to the
property. The site plan agreement shall implement the recommendations of the
Environmental Impact Study for the Trimm property dated June 28, 2008 and prepared by
Ontario Resource Management Group, Inc. All other provisions of the By-law shall apply.
25.4.28 Waterfront Vicinity - Exception Twenty-Eight (WV-E28)
Notwithstanding Section 19.2(b)(i) of this By-law to the contrary, for those lands located in
part of Lot 3, Concession North Front D, geographic Township of Westmeath, and
delineated as Waterfront Vicinity-Exception Twenty-Eight (WV- E28) on the Schedule to this
By-law, the minimum required lot frontage shall be 14 metres. All other provisions of the By-
law shall apply.
25.4.29 Waterfront Vicinity - Exception Twenty-Nine (WV-E29)
Notwithstanding Section 19.2(b)(i) of this By-law to the contrary, for those lands located in
part of Lot 3, Concession North Front D, geographic Township of Westmeath, and
delineated as Waterfront Vicinity-Exception Twenty-Nine (WV-E29) on the Schedule to this
By-law, the minimum required lot frontage shall be 40 metres. All other provisions of the By-
law shall apply.
25.4.30 Waterfront Vicinity - Exception Thirty (WV-E30)
Notwithstanding any provisions of this By-law to the contrary, for those lands located in part of
Lot 16, Concession West Front E, geographic Township of Westmeath, and delineated as
Waterfront Vicinity-Exception Thirty (WV-E30) on the Schedule to this By-law, two dwellings
shall be permitted on a lot.
25.4.31 Waterfront Vicinity - Exception Thirty-One (WV-E31)
Notwithstanding any provisions of this By-law to the contrary, for those lands located in part of
Lot 16, Concession West Front E, geographic Township of Westmeath, and delineated as
Waterfront Vicinity-Exception Thirty-One (WV-E31) on the Schedule to this By-law, a maximum
of three cottage units shall be the only permitted uses and the following provisions shall
apply:
Lot Area (minimum)
5600 square metres
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Lot Frontage (minimum)
44 metres
25.4.32 Waterfront Vicinity - Exception Thirty-Two (WV-E32)
Notwithstanding Section 3.8, or any other provisions of this By-law, for those lands located in
part of Lot 5, Concession WFE, geographic Township of Westmeath, located Rapid Road
and delineated as Waterfront Vicinity-Exception Thirty-Two (WV-E32) on the Schedule to
this By-law, a second dwelling, being a single detached dwelling, shall be permitted.
25.4.33 Waterfront Vicinity - Exception Thirty-Three (WV-E33)
Notwithstanding Sections 19.2(a)(i) and 19.2(b)(i), or any other provisions of this By-law,
for those lands located in part of Lot 5, Concession NFD, geographic Township of
Westmeath, being Parts 2, 3 and 4, Plan 49R-17260, located on Orvilles Lane and
delineated as Waterfront Vicinity-Exception Thirty-Three (WV-E33) on the Schedule to
this By-law, the following provisions shall apply:
Lot area (minimum)
1835 square metres
Lot frontage (minimum)
30 metres
25.4.34 Waterfront Vicinity - Exception Thirty-Four (WV-E34)
Notwithstanding Sections 19.2(a)(i), 19.2(b)(i) and 19.2(e), or any other provisions of this By-
law, for those lands located in part of Lot 5, Concession NFD, geographic Township of
Westmeath, being Part 1, Plan 49R-17260, located on Orvilles Lane and delineated as
Waterfront Vicinity-Exception Thirty-Four (WV-E34) on the Schedule to this By-law, the
following provisions shall apply:
i)
Lot area (minimum)
1359 square metres
ii)
Lot frontage (minimum)
28 metres
iii)
North Side Yard (minimum)
1.28 metres
25.4.35 Waterfront Vicinity - Exception Thirty- Five (WV-E35)
Notwithstanding anything in this By-law to the contrary, for those lands located in part of Lot
15, Concession NFA, geographic Township of Westmeath, and delineated as Waterfront
Vicinity-Exception Thirty-Five (WV-E35), as shown on the Schedule to this By-law, no buildings
or structures shall be permitted.
25.4.36 Waterfront Vicinity - Exception Thirty- Six (WV-E36)
Notwithstanding anything in this By-law to the contrary, for those lands located in part of
Lot 3, Concession 9 EML, geographic Township of Westmeath, and delineated as
Waterfront Vicinity-Exception Thirty-Six (WV-E36), as shown on the Schedule to this By-law,
two limited service seasonal dwellings shall be permitted.
25.4.37 Waterfront Vicinity - Exception Thirty- Seven (WV-E37)
Notwithstanding anything in this By-law to the contrary, for those lands located in part of
Lot 30, Concession East Front B, geographic Township of Westmeath, and delineated as
Waterfront Vicinity-Exception Thirty-Seven (WV-E37), as shown on the Schedule to this By-
law, a minimum lot frontage of 9 metres shall be permitted.
THE TOWNSHIP OF WHITEWATER COMPREHENSIVE ZONING BY-LAW
25.0 REQUIREMENTS FOR WATERFRONT VICINITY (WV) ZONES
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25.4.38 Waterfront Vicinity - Exception Thirty- Eight (WV-E38)
Notwithstanding anything in this By-law to the contrary, for those lands located in part of
Lot 5, Concession A Coulonge Lake Front, geographic Township of Westmeath, and
delineated as Waterfront Vicinity-Exception Thirty-Eight (WV- E38), as shown on the
Schedule to this By-law, a second dwelling unit shall be permitted in the accessory building
existing as of September 21st, 2011.
25.4.39 Waterfront Vicinity - Exception Thirty- Nine (WV-E39)
Notwithstanding Section 3.25(f), or any other provision of this By-law to the contrary, for
those lands located in Lots 11 and 12, North Front A, geographic Township of Westmeath,
and delineated as Waterfront Vicinity-Exception Thirty- Nine (WV-E39) on the Schedule to
this By-law, a minimum set back of 30 metres shall be required for development from the
boundary of a Provincially Significant Wetland (PSW).
25.4.40 RESERVED
25.4.41 Waterfront Vicinity - Exception Forty-One (WV-E41)
Notwithstanding Section 3.25(d) or any other provision of this By-law to the contrary, for
those lands located in part of Lot 12, Concession 1 EML, geographic Township of
Westmeath and delineated as Waterfront Vicinity-Exception Forty-One (WV-E41) on the
Schedule to this By-law, a minimum 300 metre setback from the shoreline of Muskrat Lake
applies for the weeping bed components of future residential septic systems. All other
provisions of the Zoning By-law shall apply.
25.4.42 Waterfront Vicinity - Exception Forty-Two (WV-E42)
Notwithstanding anything in this By-law to the contrary, for those lands located in part of
Lot 12, Concession 1 EML, geographic Township of Westmeath and delineated as
Waterfront Vicinity-Exception Forty-Two (WV-E42) on the Schedule to this By-law, the
minimum lot area shall be 1200 square metres and the only permitted uses shall be the
existing boat launch and temporary parking of motor vehicles and boat trailers for boats
that have been launched from the site.
25.4.43 Waterfront Vicinity - Exception Forty-Three (WV-E43)
Notwithstanding Section 3.24(a)(i) and 3.24(c)(ii), or any other provision of this By- law to the
contrary, for those lands located in part of Lot 10, West Front E, geographic Township of
Westmeath and delineated as Waterfront Vicinity-Exception Forty-Three (WV-E43) on the
Schedule to this By-law, the minimum setback of the existing barn to the north side lot line
shall be 27 metres and the keeping of livestock shall be prohibited within the existing barn.
25.4.44 Waterfront Vicinity - Exception Forty-Four (WV-E44)
Notwithstanding Section 3.8 or any other provision of this By-law to the contrary, for those
lands located in part of Lot 4, Concession A CLF, geographic Township of Westmeath that
are owned and operated under a family corporation and delineated as Waterfront Vicinity -
Exception Forty-Four (WV-E44) on Schedule 'A' to this By- law, the existing 11 single
detached dwellings are permitted. All other provisions of the Zoning By-law shall apply.
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25.0 REQUIREMENTS FOR WATERFRONT VICINITY (WV) ZONES
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Any additions or enlargements to existing buildings and structures will require an
amendment to the approved site plan.
25.4.45 Waterfront Vicinity - Exception Forty-Five (WV-E45)
Notwithstanding Section 3.8 or any other provision of this By-law to the contrary, for those
lands located in part of Lot 4, Concession A CLF, geographic Township of Westmeath that
are owned and operated under a family corporation and delineated as Waterfront Vicinity -
Exception Forty-Five (WV-E45) on Schedule 'A' to this By- law, a maximum of 25 single
detached dwellings are permitted. All other provisions of the Zoning By-law shall apply.
Any additions or enlargements to buildings and structures will require an amendment to the
approved site plan.
25.4.46 Waterfront Vicinity - Exception Forty-Six (WV-E46)
Notwithstanding Section 19.4(b) or any other provisions of this By-law to the contrary, for
those lands located in part of Lot 11, Concession WFE, geographic Township of Westmeath
and delineated as Waterfront Vicinity-Exception Forty-Six (WV-E46) on the Schedule to this
By-law, an automotive commercial garage shall be permitted in the existing detached
garage, except that body work and welding is prohibited. All other provisions of the Zoning
By-law shall apply.
25.4.47 Waterfront Vicinity - Exception Forty-Seven (WV-E47)
Notwithstanding any provisions of this By-law to the contrary, for those lands located in part of
Lot 18, Concession NFA, geographic Township of Westmeath and delineated as Waterfront
Vicinity-Exception Forty-Seven (WV-E47) on the Schedule to this By-law, the only permitted
uses shall be:
-
existing dwelling
-
existing structures
-
limited farm
-
forestry
All other provisions of the Zoning By-law shall apply.
25.4.48 Waterfront Vicinity-Exception Forty-Eight (WV-E48)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in part of Lot 13, Concession EFB, geographic Township of Westmeath and delineated as
Waterfront-Exception Forty-Eight (WV-E48) on the Schedule to this By-law, the following
shall apply:
i)
A minimum 37 metre limit of hazard shall apply from the top of slope along the
Ottawa River in which construction activity, structural loads and grade raises are
prohibited.
All other provisions of the Zoning By-law shall apply.
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25.0 REQUIREMENTS FOR WATERFRONT VICINITY (WV) ZONES
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25.4.49 Waterfront Vicinity-Exception Forty-Nine (WV-E49)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in Part of Lot 13, Concession EFB, geographic Township of Westmeath and delineated as
Waterfront-Exception Forty-Nine (WV-E49) on the Schedule to this By-law, the following
provisions shall apply:
i)
A minimum 37 metre limit of hazard shall apply from the top of slope along the
Ottawa River in which construction activity, structural loads and grade raises are
prohibited;
ii)
The accessory building existing as of September 5, 2018 shall be permitted in its
existing location within the minimum 37 metre limit of hazard and is permitted
before the establishment of a main permitted use on the lot.
All other provisions of the Zoning By-law shall apply.
25.4.50 Waterfront Vicinity-Exception Fifty (WV-E50)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Lot 13, Concession EFB, geographic Township of Westmeath and delineated as
Waterfront-Exception Fifty (WV-E50) on the Schedule to this By-law, the following provisions
shall apply:
i)
A minimum 37 metre limit of hazard shall apply from the top of slope along the
Ottawa River in which construction activity, structural loads and grade raises are
prohibited;
ii)
The dwelling existing as of September 5, 2018 shall be permitted in its existing
location within the minimum 37 metre limit of hazard.
All other provisions of the Zoning By-law shall apply.
25.4.51 Waterfront Vicinity-Exception Fifty-One (WV-E51)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Lot 17, Concession A EML, geographic Township of Westmeath and delineated
as Waterfront Vicinity-Exception Fifty-One (WV-E51) on the Schedule to this By-law, the
following provisions shall apply:
i)
a sleep cabin shall be an additional permitted accessory use.
ii) the minimum water setback for the sleep cabin shall be 50 metres
For the purposes of this subsection a sleep cabin shall be defined as:
SLEEP CABIN means an accessory building or structure, not exceeding one storey in height
and 20 square metres of gross floor area, located on the same lot as the principal building
or structure, the accessory use being for sleeping accommodation and shall not include
cooking or sanitary/washroom facilities.
All other provisions of the Zoning By-law shall apply.
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25.0 REQUIREMENTS FOR WATERFRONT VICINITY (WV) ZONES
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25.4.52 Waterfront Vicinity - Exception Fifty-Two (WV-E52)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 7, Concession 2 WML, Perryhill Road, geographic Township of
Westmeath and delineated as Waterfront Vicinity Exception Fifty-Two (WV-E52) on the
Schedule to this Bylaw, the following provisions shall apply:
Lot Frontage (Minimum) 30.0 metres
25.4.53 Waterfront Vicinity - Exception Fifty-Three (WV-E53)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 2, Concession West Front "E", geographic Township of Westmeath, located at
103 Rapid Road and delineated as Waterfront Vicinity - Exception Fifty-Three (WV-E53)
Zone on the Schedule to this By-law, a private (accessory) garage shall be permitted prior
to the construction of the primary residence.
25.4.54 Waterfront Vicinity - Exception Fifty-Four (WV-E54)
Notwithstanding Section 19.2(g), or any other provision of this By-law to the contrary, for
those lands located in Part of Lot 7, Concession Westmeath North Front "D", geographic
Township of Westmeath, and delineated as Waterfront Vicinity - Exception Fifty-Four (WV-
E54) Zone on the Schedule to this By-law, the following provisions shall apply:
Development setback from Extractive Industrial Zone
(minimum)
30 metres
Rear Yard Depth (minimum)
30 metres
All other provisions of this By-law shall apply.
25.4.55 Waterfront Vicinity-Exception Fifty-Five (WV-E55)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 10, Concession East Front C, Lacroix Bay Road, geographic Township
of Westmeath and delineated as Waterfront Vicinity - Exception Fifty-Five (WV-E55), as
shown on the Schedule to this By-law, the only permitted uses shall be boat docking and
launching facilities.
25.4.56 Waterfront Vicinity-Exception Fifty-Six (WV-E56)
Notwithstanding any other provision of this By- law, for those lands located in Part of Lots 1
and 2, Concession North Front "D", Coulonge Lake Trail, geographic Township of
Westmeath, and delineated as Waterfront Vicinity - Exception Fifty-Six (WV-E56) on the
Schedule to this By-law, the following provisions shall apply:
a)
Development setback from an Extractive Industrial Zone and dwelling
(minimum): 50 metres
All other provisions of this By-law shall apply.
THE TOWNSHIP OF WHITEWATER COMPREHENSIVE ZONING BY-LAW
25.0 REQUIREMENTS FOR WATERFRONT VICINITY (WV) ZONES
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25.4.57 Waterfront Vicinity-Exception Fifty-Seven (WV-E57)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Lot 8, Concession A, CLF, geographic Township of Westmeath and delineated as
Waterfront Vicinity-Exception Fifty-Seven (WV-E57) on the Schedule to this By-law, the
following provisions shall apply:
i)
A building containing a maximum of two dwelling units shall be permitted.
ii)
Three existing sleep cabins shall be permitted in their locations existing as of
September 4, 2019.
For the purposes of this subsection a sleep cabin shall be defined as:
SLEEP CABIN means an accessory building or structure, not exceeding one storey in
height and 96. 5 square metres of gross floor area, located on the same lot as the
principal building or structure, the accessory use being for sleeping accommodation
and includes sanitary /washroom facilities.
All other provisions of the Zoning By-law shall apply.
25.4.58 Waterfront Vicinity-Exception Fifty-Eight (WV-E58)
Notwithstanding Section 3.8 or any other provisions of this By-law to the contrary, for those
lands located in part of Lot 4, Concession A CLF, geographic Township of Westmeath that
are owned and operated under a family corporation and delineated as Waterfront Vicinity
- Exception Fifty-Eight (WV-E58), the existing 11 single detached dwellings are permitted.
All other provisions of the Zoning By-law shall apply.
Any additions or enlargements to existing buildings and structures will require an
amendment to the approved site plan.
25.4.59 Waterfront Vicinity-Exception Fifty-Nine (WV-E59)
Notwithstanding any other provisions of this By-law to the contrary, for those lands in part
of Part of Lots 5 and 6, Westmeath Concession North Front 'D', geographic Township of
Westmeath, located at 458 Greenway Drive and delineated as Waterfront Vicinity -
Exception Fifty-Nine (WV-E59) on the Schedule to this By-law, the following provisions shall
apply:
i)
the reconstruction of the non-conforming dwelling shall commence within 29
months of the date of the affidavit (July 15, 2021); and
ii)
the reconstruction of the non-conforming dwelling shall be completed within 41
months of the date of the affidavit (July 15, 2021).
25.4.60 Waterfront Vicinity-Exception Sixty (WV-E60)
Notwithstanding any other provisions of this By-law to the contrary, for those lands located
in part of Part of Lot 23, Westmeath Concession 6 EML, Synton Street, geographic Township
of Westmeath and delineated as Waterfront Vicinity-Exception Sixty (WV-E60) on the
Schedule to this By-law, the following additional use shall be permitted on a lot having a
minimum lot area less than two (2) hectares:
-
Limited Farm Winery
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For the purposes of this subsection:
Limited Farm Winery means the use of land, buildings or structures for the processing of
locally grown fruit, fermentation, production, bottling, aging and storage of wine and wine
related products. The fruit used in the production of the wine shall be predominantly from
the vineyard and/or fruit farm located on the same land as the farm winery, or as part of the
farmer's own farm operation. A farm winery may also include a retail outlet and winery
office.
25.4.61 Waterfront Vicinity-Exception Sixty-One (WV-E61)
Notwithstanding any other provision of this By-law to the contrary, for those lands located
in Part of Lot 12, Westmeath Concession North Front "A", known municipally as 651
Westmeath Road, and delineated as Waterfront Vicinity-Exception Sixty-One (WV-E61)
Zone on the Schedule to this By-law, the following provisions shall apply:
i)
a minimum setback of 30 metres shall be required for development from the
boundary of a Provincially Significant Wetland (PSW); and
ii)
an accessory building (private garage) shall be permitted prior to the
construction of the primary residential use.
*no human habitation or commercial activity shall be permitted in the accessory building
(private garage).
25.5 HOLDING ZONES
25.5.1
Waterfront Vicinity-Exception Eight-holding (WV-E8-h) (Part of Lot 30,
Concession East Front B)
Until such time that the holding symbol is removed from any of the land in this location
zoned WV-E8-h, in accordance with the conditions set forth herein, no person shall use land
or erect or use a building or structure except in accordance with the following:
1) Permitted Uses
-
existing uses in existing locations
-
open space
-
passive recreation that does not require a building
2) Conditions for removal of Holding Symbol (h)
The conditions that must be satisfied prior to the removal of the holding symbol are:
i)
The submission of an engineering study and /or elevation survey prepared by an
Ontario Land Surveyor that identifies the location of the one-in-one-hundred-year
flood elevations to ensure that an adequate building envelope exists.
ii) Demonstration that the access road over the retained parcel is floodproofed to
an elevation no lower than 0.5 metres below the elevation identified in (i) above.
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25.5.2
Waterfront Vicinity-holding (WV-h) (Part Lot 28, West Front E)
Until such time as the holding symbol is removed from any of the land in this location zoned
Waterfront Vicinity-holding (WV-h), the only permitted uses shall be existing uses, open
space and passive recreation that does not require a building. The removal of the holding
symbol requires the following condition to be met to the satisfaction of the Township:
1) That a site-specific geotechnical study be submitted that demonstrates no
hazards are present and that development can be safely accommodated.
25.5.3
Waterfront Vicinity-Exception Thirty-Seven-holding (WV-E37-h)
Until such time that the holding symbol is removed from any of the land in this location
zoned WV-E37-h, in accordance with the conditions set forth herein, no person shall use
land or erect or use a building or structure except in accordance with the following:
1) Permitted Uses
-
existing uses in existing locations
-
open space
-
passive recreation that does not require a building
2) Conditions for removal of Holding Symbol (h)
The conditions that must be satisfied prior to the removal of the holding symbol
are:
i)
The submission of an engineering study and /or elevation survey
prepared by an Ontario Land Surveyor that identifies the location of the
one-in-one hundred year flood elevations to ensure that an adequate
building envelope exists.
ii)
Demonstration that the access road over the retained parcel is
floodproofed to an elevation no lower than 0.5 metres below the
elevation identified in (i) above.
25.5.4
Waterfront Vicinity-Exception Fifty-Eight-holding (WV-E58-h)
Until such time that the holding symbol is removed, in accordance with the conditions set
forth herein, from any of the land zoned WV-E58-h within Lot 4, Concession A Colonge Lake
Front (CLF), in the geographic Township of Westmeath, no person shall use land or erect
or use a building or structure except in accordance with the following:
1) Permitted Uses
-
existing single detached residential dwellings on an existing lot
-
open space
-
passive recreation
-
buildings 10 square metres or less in area
2) Conditions for removal of Holding Symbol (h)
The holding symbol shall not be removed until the following conditions have
been met and approved to Council's satisfaction:
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a) Approval of a site plan agreement by the Township under Section 41 of the
Planning Act and registered on title to the property. The site plan
agreement shall include, but not be limited to the following:
i)
the size and location of all existing buildings including wells, septic
systems and any other facilities and works to be provided.
ii) road access requirements to ensure that roadways are constructed
and maintained to a standard which is suitable for emergency
service vehicles.
b) Ministry of Environment and Climate Change (MOECC) Environmental
Compliance Approval (ECA) for the private waste disposal systems.
25.5.5
Waterfront Vicinity-holding (WV-h) (Part Lot 28, West Front E)
Until such time as the holding symbol is removed from any of the land in this location zoned
Waterfront Vicinity-holding (WV-h), the only permitted uses shall be existing uses, open
space and passive recreation that does not require a building. The removal of the holding
symbol requires the following condition to be met to the satisfaction of the Township:
(1)
That a site-specific geotechnical study be submitted that demonstrates no hazards
are present and that development can be safely accommodated.
25.5.6
Waterfront Vicinity-holding (WV-h) (Islands in Ottawa River)
Until such time as the holding symbol is removed from any of the land in this location zoned
Waterfront Vicinity-holding (WV-h), the only permitted uses shall be existing uses, open
space and passive recreation that does not require a building. The removal of the holding
symbol requires the following condition to be met to the satisfaction of the Township:
a) Confirmation that the island is greater than 0.8 hectares (2 acres),
b) Demonstration to the satisfaction of the Township that the physical and natural
characteristics, shape and size of the island makes it suitable for the development
proposed,
c) Demonstration that the setback requirements of the Renfrew Official Plan will be
satisfied,
d) Demonstration that the visual impact of development will be minimized through
maintenance or restoration of vegetation and limits on shoreline structures,
e) For development on islands in the Ottawa River, it shall be clearly demonstrated to the
satisfaction of the Township that development, including septic systems and access,
complies with the flood plain policy of the Renfrew Official Plan,
f) Identification by a licensed engineer of the flood limit, where applicable, in accordance
with the MNRF River and Stream Systems Technical Guide and demonstration of a
sufficient building envelope,
g) Demonstration of safe egress during a flood event,
h) Confirmation from emergency services that they can access the island during an
emergency.
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26
REQUIREMENTS FOR FUTURE
DEVELOPMENT (FD) ZONES
26.1 PERMITTED USES
No person shall use land or erect or use a building or structure in a Future Development (FD)
Zone except for:
a) Residential Uses
-
existing uses, buildings or structures as of the date of passing of this By-law.
b) Non-Residential Uses
-
forestry
-
non-intensive recreational uses
26.2 ZONE PROVISIONS
No person shall use any lot or erect, alter or use any building or structure in a Future
Development (FD) Zone except in accordance with the following provisions:
a) Front Yard Depth (minimum)
10.5 metres
b) Side Yard Width (minimum)
5 metres
c) Rear Yard Depth (minimum)
15 metres
d) Building Height (maximum)
5 metres
26.3 ACCESSORY USES, BUILDINGS AND STRUCTURES
Notwithstanding any zone provisions of this zone to the contrary, uses, buildings and structures
which are accessory to the permitted uses of this zone shall be permitted in accordance with the
requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of
this By-law provided accessory buildings and structures provided such accessory building and
structures do not exceed nine and three tenths (9.3) square metres.
26.4 EXCEPTION ZONES
(RESERVED)
26.5 HOLDING ZONES
(RESERVED)