Township of Muskoka Lakes zoning BY-LAW 87-87 (2016)
Short Description
By-law 87-87 is a Comprehensive Zoning By-law for the Township of Muskoka Lakes....
Description
THE CORPORATION OF THE TOWNSHIP OF
MUSKOKA LAKES
COMPREHENSIVE ZONING BY-LAW 87-87
CONSOLIDATED JUNE 2008
EXPLANATORY NOTE * By-law 87-87 is a Comprehensive Zoning By-law for the Township of Muskoka Lakes. This By-law implements the Official Plan for the District of Muskoka and the Official Plan for the Township of Muskoka Lakes. By-law 87-87 regulates the use of all land and buildings in the Township. The By-law authorizes the uses set out in the text and the schedules and prohibits the use of land or the erection or use of buildings not specifically authorized. All land in the Township has been assigned a zone classification on the zone maps referenced in Section II. Sections III to VI establish the permitted uses and regulations for each zone. Section VII contains the General Provisions, which apply to all lands in the Township. The terms, which appear in bold letters throughout the text, are defined in Section VIII of the By-law. Section IX contains exemptions to the by-law, which pertain to specific properties denoted on the Schedules by Exemption Numbers. Defined terms do not appear in bold letters in Section IX. Section IX is contained under separate cover and is available at the Township office. The attached is a consolidated version of By-law 87-87. It includes By-law 87-87 and 89-110, as approved by the Ontario Municipal Board Decision dated December 29, 1989 and April 16, 1991, By-law 95-95 (Housekeeping By-law) as passed by Council on November 14, 1995, which is in force and effect, By-law 9746 (Small Islands By-law) as passed by Council on June 23, 1997, which is in force and effect, By-law 98-98 (Housekeeping By-law) as passed by Council on July 6, 1998, which is in force and effect, By-law 98-99 (Priorities By-law), save and except for Section 8 of By-law 98-99, as passed by Council on December 21, 1998, and as approved by the Ontario Municipal Board verbal Decision of December 6, 1999, and written Decision of November 29, 2000, By-law 99-105 (amendment to Priorities By-law) passed by Council of August 9, 1999, which is in force and effect, By-law 2002-201 (Rural By-law), as passed by Council on May 13, 2002, and as approved by the Ontario Municipal Board, By-law 2003-77 (Housekeeping By-law), as passed by Council on June 16, 2003, and By-law 200505 (Waterfront Density) as passed by Council on December 5, 2005, and as approved by the Ontario Municipal Board Decision on October 23, 2006, By-law 2006-126 (Housekeeping By-law) as passed by Council on December 19, 2006, and as approved by the Ontario Municipal Board Decision on November 1, 2007. *
This explanatory note is given to assist in using the By-law and does not form part of it.
PROCEDURE FOR DETERMINING PERMITTED USES AND REGULATIONS FOR SPECIFIC LOCATIONS * 1. Note the specific location of interest on the appropriate Schedule and determine the Zone symbol. 2. Consult the applicable subsection to determine the permitted uses in that particular zone. 3. Consult, according to zone, the specific requirements for each zone to determine standards and similar provisions. 4. In addition to permitted land uses and zone requirements, certain general conditions and provisions apply to all lots, buildings and structures. These General Provisions are found in Section VII and should be reviewed to determine how they apply to the proposed development. 5. Please Note: The municipal administration may be of assistance in determining the appropriate zoning information but they are not charged with the responsibility of providing a legal interpretation of this By-law. *This explanatory note is given to assist in using the By-law and does not form part of it.
BY-LAW 87-87 Being a Comprehensive Zoning By-law for the Township of Muskoka Lakes TABLE OF CONTENTS SECTION I
INTERPRETATION AND ADMINISTRATION…………………….
1
SECTION II
ZONE MAPS / SCHEDULES………………………………………..
4
SECTION III
WATERFRONT ZONE PROVISIONS……………………………...
5
(Residential, Commercial, Waterfront Landing) SECTION IV
COMMUNITY ZONE PROVISIONS………………………………
26
(Residential, Commercial, Industrial) SECTION V
RURAL ZONE PROVISIONS……………………………………….
40
(Residential, Commercial, Industrial) SECTION VI
MISCELLANEOUS ZONE PROVISIONS………………………….
51
(Open Space, Institutional, Environmental Protection, General Restricted) SECTION VII
GENERAL PROVISIONS……………………………………………
62
SECTION VIII
DEFINITIONS…………………………………………………………..
84
SECTION IX
EXEMPTIONS TO VARIOUS ZONE CLASSIFICATIONS………..
107
SECTION I INTERPRETATION AND ADMINISTRATION 1.1
TITLE AND EFFECT…………………………………………………
1
1.2
INTERPRETATION OF WORDS…………………………………...
1
1.3
INTERPRETATION OF PROVISIONS……………………………..
1
1.4
DECLARATION OF SCHEDULES………………………………….
1
1.5
ZONES………………………………………………………………….
1
1.5.1
Boundary Interpretation……………………………………...
2
COMPLIANCE WITH BY-LAW………………………………………
2
1.6.1 Application of By-law………………………………………….
2
1.6.2 Public Acquisition (Road Allowance Closures)…………….
2
1.7
ZONES ABUTTING WATER…………………………………………
3
1.8
REPEAL OF EXISTING BY-LAWS………………………………….
3
1.9
OTHER AGENCY REQUIREMENTS……………………………….
3
1.6
SECTION I INTERPRETATION AND ADMINISTRATION 1.1 Amended By 89110
1.2 Amended By 89110
2001-201
1.3 Amended By 89110,
1.4 Amended By 89110 1.5 Amended By 89110, 2006-126
TITLE AND EFFECT This By-law may be cited as the “Township of Muskoka Lakes Zoning By-law”, and applies to all lands and lands under water within the Corporation of the Township of Muskoka Lakes, as shown on Schedules “1” to “62” contained under separate cover. INTERPRETATION OF WORDS For the purposes of this By-law: a.
words used in the present tense include the future;
b.
words in singular number include the plural, and words in the plural include the singular number;
c.
the word “shall” is mandatory;
d.
the words “used” and “occupied” mean “designed to be used” or “designed to be occupied”;
e.
the words indicated in BOLD LETTERS are defined in Section 8 “Definitions”; and
f.
where a word or a phrase is used in an amending by-law, and that word or phrase is defined in Section 8 of this By-law, and that word or phrase does not appear in bold letters in that amending by-law, then that word or phrase shall nevertheless be considered a reference to the defined word or phrase contained in Section 8 of this By-law, unless the context of the amended by-law clearly and obviously requires otherwise.
INTERPRETATION OF PROVISIONS The provisions and regulations of this By-law are the minimum requirements except where the word “maximum” is used, in which case the provisions and regulations are the maximum permissible. DECLARATION OF SCHEDULES Schedules “1” to “62” contained herein are hereby declared to form part of this By-law. ZONES For the purpose of this By-law the following zone symbols are used and the location of such zones are established on Schedules “1” to “62” (Zoning Maps) and the land shown is zoned accordingly.
1
SECTION I INTERPRETATION AND ADMINISTRATION
Amended By 89-110, 2006126
WATERFRONT
COMMUNITY
---
---
Rural
Amended By 2006-126
1.5.1 Amended By 89110
1.6 Amended By-89110
Ru1, Ru2, Ru3
Residential
WR, WR1, WR2, WR3, WR4, WR5, WR6, WR8
R1, R2, R3, R4, R5, R6, RM1, RM2
RuR
Commercial
WC, WC1, WC1A1, WC1A2, WC1A3, WC1A4, WC1B, WC1B1, WC2, WC3, WC4, WC5, WC6, WC7, WC4A.5, WC4A1, WC4A1.5, WC4A2, WC4B, WC4B1
C1A, C1B, C1C, C1CA, C1D, C1DA, C2, C3, C4, C5
RuC1, RuC2, RuC2B, RuC3, RuC4, RuC5
---
M1, M2, M3, M4
RuM1, RuM2, RuM3, RuM4, RuM5
Industrial
Amended By 89-110
RURAL
Miscellaneous
WL, WOS, OS1, OS2, OS3, OS4, EP1, EP2, GR, I (Applies to all Areas)
Boundary Interpretation Where any uncertainty exists as to the location of any boundary of any zone, the applies: a.
where the boundary is shown as following a STREET, LANE, railway, RIGHT-OF-WAY, water course, or electrical transmission line then the zone boundary is the center line of such;
b.
where the boundary is shown as substantially following the LOT LINES on a registered plan of subdivision or a reference plan then the zone boundary is the LOT LINES;
c.
where the boundary is shown as substantially following the shoreline of a watercourse or waterbody, the zone boundary is the HIGH WATER MARK; and,
d.
where uncertainty exists as to the boundary of any zone then the boundary of such zone shall be determined in accordance with the scale on the applicable Schedule at the original size.
COMPLIANCE WITH BY-LAW For the purposes of this By-law no person shall contravene any of the following provisions: 1.6.1 Application of By-law
Amended By 89110
No land, BUILDING, STRUCTURE, or part thereof, shall be USED, and no BUILDING or STRUCTURE shall be ERECTED, located or ALTERED, in whole or part, except in accordance with the provisions of this By-law. 1.6.2 Public Acquisition (Road Allowance Closures)
Amended By 89110
No LOT contravenes any provision of this By-law by reason of the fact that any part of the LOT has been conveyed to or acquired from any PUBLIC AUTHORITY.
2
1.7
ZONES ABUTTING WATER
Amended By 89110
1.8
Where any zone abuts an Environmental Protection (EP2) Zone or a Waterbody Open Space (WOS) Zone the provision of the abutting zone must be read in conjunction with the provisions of the EP2 or WOS Zone. Nothwithstanding the other provisions of the abutting zones the provisions of the EP2 or WOS Zone take precedence. REAPEAL OF EXISTING BY-LAWS Upon the coming into force of this By-law, the following By-laws are hereby repealed: 71-60; 72-20; 262 of the Village of Windermere; 65-7 of the United Townships of Medora and Wood; 577 of the Town of Bala; and, all amendments thereto enacted prior to the date of enactment of this By-law except for those specifically preserved in Section IX or by General Provision 7.33.
1.9
OTHER AGENCY REQUIREMENTS The creation of new LOTS is subject to a formal review process, which involves review and recommendations by a number of agencies and government ministries. As a condition of development approval, site-specific development standards may be increased beyond the minimum standards identified in this Bylaw.
3
SECTION II ZONE MAPS / SCHEDULES Amended By 2003-77
Schedules 1 to 62 are contained under separate cover and are available for review at the Township Office
Amended By 2005-05
Schedule A is hereby made part of this by-law and appears in Section 3.
4
SECTION III WATERFRONT ZONE PROVISIONS 3.1
3.2
WATERFRONT RESIDENTIAL ZONES………………………….………... (WR1, WR2, WR3, WR4, WR5, WR6, WR8, WR)
6
3.1.1 Permitted Uses…………………………………………………………
6
3.1.2 Zone Requirements……………………………………………………
6
WATERFRONT COMMERCIAL ZONES…………………………………...
15
(WC1, WC1A1, WC1A2, WC1A3, WC1A4, WC1B, WC1B1, WC2, WC3, WC4, WC4A1, WC4A1.5, WC4A2, WC4B, WC4B1,WC5, WC6, WC7, WC)
3.2.1 Permitted Uses…………………………………………………………
15
3.2.2 Zone Requirements……………………………………………………
16
3.2.3
Special Provisions: Resort Commercial Waterfront……………... (WC1A1, WC1A2, WC1A3, WC1A4)
20
3.2.4
Special Provisions: Resort Commercial Backlot ………………… (WC1B, WC1B1)
20
3.2.5 Special Provisions: Marine Commercial (WC2)……………………
21
3.2.6 Special Provisions: Tent and Trailer Park (WC3)………………….
21
3.2.7 Special Provisions: Private Camps Waterfront……………………. (WC4A.5, WC4A1, WC4A1.5, WC4A2)
22
3.2.8 Special Provisions: Private Camps Backlot (WC4B, WC4B1)……
22
3.2.9 Special Provisions: Waterfront Commercial ……………………… (Waterfront Contractors) (WC7)
23
WATERFRONT LANDING ZONE (WL)
24
3.3.1 Permitted Uses…………………………………………………………
24
3.3.2 Permitted Structures…………………………………………………..
24
3.3.3 Zone Requirements……………………………………………………
24
MISCELLANEOUS ZONES (See Section VI, Page 51)…………………..
51
6.1
Waterbody Open Space (WOS) (Lands under water)…………………….
52
6.2
Open Space (OS1, OS2, OS3, OS4)………………………………………..
53
6.3
Environmental Protection (EP1, EP2)……………………………………….
57
6.4
General Restricted (GR)……………………………………………………...
59
6.5
Institutional (I)………………………………………………………………….
60
3.3
5
SECTION III WATERFRONT RESIDENTIAL ZONES 3.1
WATERFRONT RESIDENTIAL ZONES (WR1, WR2, WR3, WR4, WR5, WR6, WR8, WR) 3.1.1
Permitted Uses No person shall within any Waterfront Residential Zone USE any land or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE for any USE except in accordance with the following permitted uses:
Amended By 2001-201
a. b. c. 3.1.2
Amended By 2005-05
RESIDENTIAL HOME OCCUPATION ACCESSORY USES
Zone Requirements No person shall within any Waterfront Residential Zone USE any LOT, or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE except in accordance with the following requirements of the applicable zone:
a. ZONE
LOT AND SITE REQUIREMENTS:
LOT REQUIREMENTS
MINIMUM YARD REQUIREMENTS
TITLE
SYMBOL
MIN. FRONTAGE
MIN. AREA
MAX COVERAGE**
WATERFRONT
WR1
200 FT
1 AC
10% (6) (7)
BACKLOT
WR2
660 FT
5 AC
5%
ISLAND
WR3
200 FT
2 AC
10% (6) (7)
SPECIAL LAKES
WR4
---(1)
---(1)
10% (6) (7)
NATURAL CONSTRAINTS
WR5
300 FT
1.5 AC
10% (6) (7) 10% (6) (7)
FRONT* 66 FT (5) 66 FT (5) 66 FT (5) 100 FT (5) 66 FT (5) 66 FT (5)
NATURAL CONSTRAINTS
WR6
400 FT
2 AC
HABITAT
-7(2)
---
---
---
--66 FT (5) 66 FT (5)
SPECIAL LAKES WATERFRONT
WR8
500 FT
2AC
10% (6) (7)
WR
---(1)
---(1)
10% (6) (7)
*Amended By 98-99, 2005-05 Amended By 89110, 95-95, 98-98
INT. SIDE
EXT. SIDE
REAR
15 FT
30 FT
15 FT
15 FT
30 FT
15 FT
15 FT
30 FT
15 FT
15 FT
30 FT
15 FT
15 FT
30 FT
15 FT
15 FT
30 FT
15 FT
---
---
---
15 FT
30 FT
15 FT
15 FT
30 FT
15 FT
MAXIMUM HEIGHT MAIN BLDG. * 35 FT (8) 35 FT (8) 35 FT (8) 35 FT (8) 35 FT (8) 35 FT (8) --35 FT (8) 35 FT (8)
ACCESSORY 20 FT 20 FT 20 FT 20 FT 20 FT 20 FT --20 FT 20 FT
MAIN BUILDING MINIMUM GROUND FLOOR AREA 750 SQ. FT. 750 SQ. FT. 750 SQ. FT. 750 SQ. FT. 750 SQ. FT. 750 SQ. FT. --750 SQ. FT. 750 SQ. FT.
**Amended By 2005-05
(1)
The minimum LOT FRONTAGE and LOT AREA requirements of LOT in the Waterfront (WR) or Waterfront residential (WR4) zone are the dimensions of that LOT existing on the date this By-law was passed. No new STRUCTURE or BUILDING may be constructed on a LOT unless the LOT complies with the appropriate section of the Existing Lot of Record Provision 7.3 (see Page 68). All LOTS zoned Waterfront Residential (WR4) are subject to site plan control.
(2)
The inclusion of a “-7” suffix to a zone symbol indicates that the Ministry of Natural Resources has identified a concern for habitat significant to wildlife populations. All such lands will be subject to site plan control in consultation with that Ministry.
6
SECTION III WATERFRONT RESIDENTIAL ZONES
98-99, Amended By 99105, 2003-77, 2005-05, 2006126
(3)
In relation to all Waterfront Residential zones “minimum FRONTAGE” refers only to the least FRONTAGE that may be approved for new LOTS and is not a predetermination of what LOT FRONTAGES will be approved. Minimum LOT FRONTAGES applicable to Waterfront Residential designations do not take into account site-specific concerns of the Ministry of Natural Resources or other interested agencies. Such concerns will be addressed in the LOT creation process and LOTS with greater standards may be required for approval.
(4)
Where a LOT has a lesser FRONTAGE or AREA than is required, it may be deemed to conform. (See the LOT of Record Provision, Section 7.3.)
(5)
The FRONT YARD SETBACK for each BUILDING and STRUCTURE, on a LOT except SUNDECKS, which are considered legal NON-COMPLYING due to an encroachment into the required 66 foot FRONT YARD SETBACK, shall be the SETBACK which existed on that date or a minimum of 35 feet from the HIGH WATER MARK, or from FRONT LOT LINE whichever is greater. For the purpose of determining the existing FRONT YARD SETBACK, it shall be calculated based on the SETBACK for each type of BUILDING or STRUCTURE. In the case of a SUNDECK, which existed prior to January 3, 2005 which is considered legal NON-COMPLYING due to an encroachment into the 50 foot FRONT YARD SETBACK, the FRONT YARD SETBACK for that SUNDECK shall be the SETBACK existing on that date or a minimum of 25 feet from the HIGH WATER MARK whichever is greater.
2005-05
(6)
For LOTS with FRONTAGE on lakes and rivers classified on Schedule A to this by-law, the following maximum LOT COVERAGE shall apply: Category 1: Category 2:
98-99, Amended By 2001-201, 200505
(7)
10% 8%
Category 3: Category 4:
5% 8%
For all BUILDINGS and STRUCTURES constructed or ERECTED within 200 feet of the HIGH WATER MARK abutting the LOT, LOT COVERAGE shall be based on that portion of the LOT AREA within 200 feet of the HIGH WATER MARK, abutting the LOT. In the case of a LOT abutting an ORIGINAL SHORE ROAD ALLOWANCE, which in turn abuts a HIGH WATER MARK, LOT COVERAGE shall be based on that portion of the LOT AREA and the area of the ORIGINAL SHORE ROAD ALLOWANCE within 200 feet of the HIGH WATER MARK abutting the ORIGINAL SHORE ROAD ALLOWANCE within the projection of the SIDE LOT LINES. For all BUILDINGS and STRUCTURES constructed or ERECTED on the LOT beyond 200 feet of the HIGH WATER MARK abutting the LOT, LOT COVERAGE shall be based on the total LOT AREA. In the case of a THROUGH LOT, the LOT AREA shall be determined by the measurement from the HIGH WATER MARK abutting the LOT, which produces the greatest maximum LOT COVERAGE.
2005-05
(8)
For LOTS with FRONTAGE on a Category 3 Lake, the maximum HEIGHT shall be 30 feet.
7
SECTION III WATERFRONT RESIDENTIAL ZONES 2006-126
(9)
b.
A screened PORCH or VERANDA or a HABITABLE ROOM in or on an ATTACHED GARAGE is deemed to be part of the MAIN BUILDING (DWELLING) for the purpose of determining HEIGHT. FRONT YARD EXEMPTIONS The following BUILDINGS and STRUCTURES are exempted from the front yard requirements:
98-98, Amended By 2005-05
i)
SUNDECK, but must have a SETBACK of a minimum of 50 feet from the HIGH WATER MARK;
Amended By 2003-77
ii)
Stairs and LANDINGS where LANDINGS do not exceed six (6) feet in width to a maximum area of 50 square feet; and,
iii)
Pumphouse, sauna and GAZEBO not exceeding 15 feet in HEIGHT and 200 square feet in maximum FLOOR AREA.
iv)
INCLINATOR.
2006-126 2001-201
c.
MAIN USE The MAIN BUILDING permitted as a RESIDENTIAL USE in this section shall be limited to (1) DWELLING UNIT per LOT.
2003-77
d.
SLEEPING CABINS i)
only one SLEEPING CABIN allowed per residential LOT;
ii)
the maximum FLOOR AREA is 650 square feet;
95-95
iii)
where there exist two or more DWELLING UNITS on a LOT, a SLEEPING CABIN is not permitted;
95-95
iv)
a BASEMENT used solely for storage shall not have access from the interior of the building; and,
98-98
v)
A GAZEBO exceeding 200 square feet in FLOOR AREA, which is screened or glassed, shall be considered to be a SLEEPING CABIN.
2006-126
vi)
where a HABITABLE ROOM is located in an ATTACHED GARAGE which is attached by means of a walkway, breezeway, hallway or other passage, the maximum HEIGHT shall be 35 feet and the maximum FLOOR AREA of all such HABITABLE ROOMS shall be 650 square feet.
Amended By 2005-05
e.
ACCESSORY STRUCTURES OVER WATER A DOCK, BOATHOUSE, or BOATPORT may be located in a Waterbody Open Space Zone (WOS) where it abuts a Waterfront Residential Zone or in a Waterfront Residential Zone provided it is an ACCESSORY STRUCTURE to the main permitted USE in the Waterfront Residential zone and is subject to the provisions in the following table and footnotes:
(See Chart) 8
SECTION III WATERFRONT RESIDENTIAL ZONES 2005-05, ACCESSORY STRUCTURES OVER WATER Amended By 2006-126 Lot Frontage
Lake Classes
Up to < 200 feet
200 to < 300 feet
Category 1
Category 2
Category 3
Category 4
Category 1
Category 2
Category 3
Category 4
Maximum Length
66 feet
66 feet
66 feet
66 feet
66 feet
66 feet
66 feet
66 feet
Maximum Cumulative Width (12)
25%
15%
5%
15%
25%
15%
5%
15%
Minimum Sideyard Setbacks
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
50 feet
50 feet
–
50 feet
50 feet
50 feet
–
50 feet
16%
12%
–
12%
16%
12%
–
12%
Habitable Floor Area ?
No
No
–
No
No
No
–
No
Maximum Size Second Storey (7)
–
–
–
–
–
–
–
–
Location of Second Storey
–
–
–
–
–
–
–
–
Maximum Height
16 feet (with no floor)
16 feet (with no floor)
–
16 feet (with no floor)
16 feet (with no floor)
16 feet (with no floor)
–
16 feet (with no floor)
DOCKS
BOATHOUSES (13)
Maximum Length Maximum Cumulative Width (12)
Minimum Boathouse Sideyard Setbacks 1 storey / 2 storey
30 ft 45 ft 30 ft 45 ft 30 ft 45 ft 30 ft 45 ft 30 ft 45 ft 30 ft 45 ft 30 ft 45 ft 30 ft 45 ft (8) (11) (8) (11) (8) (11) (8) (11) (8) (11) (8) (11) (8) (11) (8) (11) (11) (11) (11) (11) (11) (11) (11) (11)
9
SECTION III WATERFRONT RESIDENTIAL ZONES 2005-05, Amended By 2006-126
ACCESSORY STRUCTURES OVER WATER (continued)
Lot Frontage
300 to < 400 feet
400 feet or over
Category 1
Category 2
Category 3
Category 4
Maximum Length
66 feet
66 feet
66 feet
66 feet
66 feet
66 feet
66 feet
66 feet
Maximum Cumulative Width (12)
75 feet
15% up to 50 feet
5%
15% up to 50 feet
75 feet
50 feet
20 feet
50 feet
Minimum Sideyard Setbacks
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
30 feet
50 feet
–
50 feet
50 feet
50 feet
–
50 feet
–
12% up to 50 feet
Lake Classes
Category Category Category 1 2 3
Category 4
DOCKS
BOATHOUSES (13) Maximum Length
50 feet
Maximum Cumulative Width (12)
16% for single storey / 13% for two storey
12%
–
12%
Habitable Floor Area ?
Yes
No
–
No
Yes
No
–
No
–
–
–
16% up to 75 feet for single storey 12% up to / 13% up to 50 feet 75 feet for two storey
Maximum Size 650 square Second Storey feet total (7) (7)
–
–
–
650 square feet HABITABLE FLOOR AREA covered area up to max 250 sq ft. (7)
Maximum 35 feet Location of from High Second Storey Water Mark
–
–
–
–
–
–
–
16 feet (with no floor)
–
16 feet (with no floor)
25 feet
16 feet (with no floor)
–
16 feet (with no floor)
Maximum Height Minimum Boathouse Sideyard Setbacks 1 storey / 2 storey
25 feet
30 ft 45 ft 30 ft 45 ft 30 ft 45 ft 30 ft 45 ft 30 ft 45 ft 30ft 45 ft 30 ft 45 ft 30 ft 45 ft (8) (11) (8) (11) (8) (11) (8) (11) (8) (11) (8) (11) (8) (11) (8) (11) (11) (11) (11) (11) (11) (11) (11) (11)
10
SECTION III WATERFRONT RESIDENTIAL ZONES 2005-05
ACCESSORY STRUCTURES OVER WATER (continued)
Amended By 2005-05
(1)
No part of any DOCK or BOATHOUSE shall be ERECTED within the SIDE YARD distance indicated in the table from the SIDE LOT LINE and REAR LOT LINE and any 100 foot STRAIGHT LINE PROJECTION thereof from the HIGH WATER MARK.
Amended By 2005-05
(2)
A DOCK is permitted to extend from or to be located in the FRONT YARD of a LOT. Any portion of the DOCK structure extending onto the land above the HIGH WATER MARK is deemed to be a SUNDECK and is permitted to extend into the FRONT YARD of a LOT a maximum of 10 feet and only directed behind the envelope described in Footnote 3.
(3)
A DOCK shall only be constructed within one or more building envelope(s) to be bounded as follows:
Amended By 2006-126
Amended By 2005-05, 2006126
2005-05
-
firstly, a line drawn in the NAVIGABLE WATERWAY 66 feet from the HIGH WATER MARK;
-
secondly, by two parallel lines, one being perpendicular to the HIGH WATER MARK, which are no farther apart than the permitted maximum CUMULATIVE WIDTH whichever is lesser,
-
thirdly, by the HIGH WATER MARK.
(4)
For the purpose of this By-law a BOATHOUSE which has a second STOREY, or any part thereof, shall be deemed to be a two STOREY BOATHOUSE and no part of the two STOREY portion of the BOATHOUSE shall be erected within 45 feet of the SIDE LOT LINE and REAR LOT LINE and any 100-foot STRAIGHT LINE PROJECTION thereof.
(5)
A BOATHOUSE in a Waterbody Open Space (WOS) zone is permitted to extend into the FRONT YARD of a LOT a maximum of 10 feet provided it is not connected to a DWELLING.
(6)
A BOATHOUSE shall not contain a DWELLING UNIT.
(7)
For LOTS with 300 feet of FRONTAGE to less than 400 feet of FRONTAGE the maximum size of the second STOREY is 650 square feet which can be HABITABLE SPACE, COVERED AREA, or any combination thereof. For LOTS with 400 or more feet of FRONTAGE, the maximum size of the second STOREY is 650 square feet which can be HABITABLE SPACE, COVERED AREA, or any combination thereof plus a maximum of 250 square feet covered area.
Amended By2005-05, 2006-126
(8)
Any part of a BOATHOUSE which exceeds 16 feet in HEIGHT, or where the roof is capable of being used as a SUNDECK, shall be a minimum of 45 feet from the SIDE LOT LINE and REAR LOT LINE and any 100-foot STRAIGHT LINE PROJECTION thereof. A SUNDECK or balcony in conjunction with the second STOREY of a BOATHOUSE is permitted as part of the BOATHOUSE.
(9)
A BOATHOUSE shall only be constructed within one or more building envelopes to be bounded as follows:
11
SECTION III WATERFRONT RESIDENTIAL ZONES - firstly a line drawn in the NAVIGABLE WATERWAY 50 feet from the HIGH WATER MARK;
Amended By 2006-126
- secondly by two parallel lines, one being perpendicular to the HIGH WATER MARK which are no farther apart than the permitted maximum CUMULATIVE WIDTH, whichever is lesser; and, - thirdly, by the HIGH WATER MARK. Amended By 2005-05
(10)
The minimum LOT FRONTAGE required for a two STOREY BOATHOUSE is 300 feet. Two STOREY BOATHOUSES are only permitted on Category 1 (Large) Lakes.
2005-05
(11)
The SIDE YARD SETBACK for DOCKS and BOATHOUSES which existed prior to January 3, 2005, which are considered legal NON-COMPLYING due to an encroachment into the minimum SIDE YARD SETBACKS shall be the greater of: a) the SETBACK existing on that date or, b) a minimum of 15 feet for a DOCK or BOATHOUSE less than 16 feet in HEIGHT or, c) a minimum of 30 feet for a two STOREY BOATHOUSE or a BOATHOUSE with a roof capable of being used as a SUNDECK.
(12)
CUMULATIVE WIDTH of DOCKS and BOATHOUSES
Amended 2006-126
a) the total CUMULATIVE WIDTH on a LOT shall not exceed the limits in the table or 75 feet, whichever is lesser; and,
Amended 2006-126
b) when a LOT has more than one LOT FRONTAGE the maximum permitted CUMULATIVE WIDTH shall be the maximum permitted in the table or 75 feet, whichever is lesser. The CUMULATIVE WIDTH for each separate LOT FRONTAGE on the LOT shall not exceed the requirements of the table for each LOT FRONTAGE.
2006-126
c) the maximum CUMULATIVE WIDTH of a two STOREY BOATHOUSE refers to the second STOREY portion only. The maximum CUMULATIVE WIDTH is 16% on the lower STOREY and 13% on the upper STOREY and where so limited each to a maximum of 75 feet.
2005-05
(13)
All provisions in this by-law related to BOATHOUSES also apply to BOATPORTS.
2006-126
(14)
For the purpose of measuring the SIDE YARD SETBACK from the 100 foot STRAIGHT LINE PORJECTION, it shall be the required minimum distance measured perpendicular to the projected line.
98-99, Amended By 2003-77, 200505
f.
SHORELINE BUFFER Within the FRONT YARD SETBACK, an area of land 50 feet wide abutting and running parallel to the HIGH WATER MARK shall contain a SHORELINE BUFFER. This provision applies to all LOTS on which development takes place within 200 feet of the HIGH WATER MARK after December 21, 1998.
12
SECTION III WATERFRONT RESIDENTIAL ZONES 2005-05
3.1.3
CLASSIFICATION OF LAKES The classification of lakes and rivers referred to in this by-law is as listed on Schedule A to this by-law. Any reference to a category in this by-law is a reference to the category as determined by Schedule A.
13
SECTION III WATERFRONT RESIDENTIAL ZONES SCHEDULE “A” CLASSIFICATION OF LAKES Category 1
Category 2
Category 3
Category 4
Large Lakes
Medium-sized, High Development Lakes / Rivers
Small-sized, Low Density/ Remote Lakes
Lakes at Capacity
Ada Lake Bass Lake Bruce Lake Butterfly Lake Clear Lake Gullwing Lake High Lake Hillman Lake Leonard Lake Long Lake (Bala) Medora Lake Moon River Nine Mile Lake Nutt Lake Ricketts Lake Severn R./Cain L. Silver Lake Skeleton Lake Stewart Lake Thorne Lake Three Mile Lake Torrance Lake
Barnes Lake Barrett Lake Bastedo Lake Bear Lake Beaton Lake Berry Lake Bogart Lake Brotherson Lake Bunn Lake Cardwell / Long L. Cassidy Lake Concession Lake (Cardwell) Concession Lake (Medora) Cowan Lake Crowder Lake Duffy Lakes (E&W) East Brophy Lake Eaton Lake Echo/Resound L. Gagnon Lake Haggart Lake Haighton Lake Hardy Lake Hart Lake Harts Lake Island Lake Leech Lake Lily Lake (Cardwell) Little Mosquito Lake Little Otter Lake Lower Boleau Lake Marion Lake Mary Jane Lake McCaffery Lake Mosquito Lake Narrow Lake Neilson Lake Neipage Lake O’Kane Lake Ottaway Lake Pennsylvania Lake Roderick Lake Round Lake Sawyer Lake Shaw Lake Speiran Lake Stevenson Lake St.Germaine Lake (Medora) Swan Lake Tank Lake Thompson Lake Tor Lake Turtle Lake Upper Boleau Lake Unnamed L. (Monck) Unnamed L. (Wood) Water Lily Lake Wier Lake Woodland Lake Woods Lake Young Lake
Black Lake Brandy Lake Camel Lake Henshaw Lake Hessner’s Lake Rutter Lake
Lake Joseph (Incl. Joseph River, Little Lake Joseph) Lake Muskoka (Incl. Indian River, Mirror Lake) Lake Rosseau Dark Lake
14
SECTION III WATERFRONT COMMERCIAL ZONES 3.2
WATERFRONT COMMERCIAL ZONES (WC1, WC1A1, WC1A2, WC1A3, WC1A4, WC1B, WC1B1, WC2, WC3, WC4, WC4A.5, WC4A1, WC4A1.5, WC4A2, WC4B, WC4B1, WC5, WC6, WC7, WC) 3.2.1
Permitted Uses
PERMITTED USES
RESORT COMMERCIAL WATERFRONT WC1, WC1A1, 2, 3, 4
RESORT COMMERCIAL BACKLOT WC1B
PRIVATE CAMP WATERFRONT WC4, WC4A.5, 1, 1.5, 2
PRIVATE CAMP BACKLOT WC4B
PRIVATE CAMP BACKLOT WC4B1
WATERFRONT COMMERCIAL WC5****
WATERFRONT COMMERCIAL WC6****
WATERFRONT COMMERCIAL WC7****
MARINA WC2 TENT & TRAILER PARK WC3
No person shall, in any Waterfront Commercial Zone, USE any LOT or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE for any purpose except in accordance with the following applicable zones:
CONTRACTOR’S YARD
---
---
---
---
---
---
---
---
X
X
CONVENIENCE STORE
---
---
---
---
---
---
---
X
X
---
RESIDENTIAL DWELLING UNIT
---
---
---
---
---
---
---
---
---
X
HOME OCCUPATION
---
---
---
---
---
---
---
---
---
X
HOTEL
X
---
---
---
---
---
---
---
---
---
MARINA
---
---
X
---
---
---
---
---
---
---
MOTEL
X
---
---
---
---
---
---
---
---
---
OFFICE
---
---
---
---
---
---
---
X
X
---
PERSONAL SERVICE SHOP
---
---
---
---
---
---
---
X
X
---
PRIVATE CAMP
---
---
---
---
X
X
---
---
---
---
RESTAURANT
---
---
---
---
---
---
---
X
X
---
RETAIL STORE
---
---
---
---
---
---
---
X
X
---
TENT & TRAILER PARK
---
---
---
X
---
---
---
---
---
---
TOURIST RESORT
X
---
---
---
---
---
---
---
---
---
* ** *** ****
Amended By 89-110 Amended By 98-98 Amended By 2001-201 2006-126
X indicates the uses permitted in the particular zone
15
* ** *** ****
TENT & TRAILER PARK WC3
PRIVATE CAMP WATERFRONT WC4, WC4A.5, 1, 1.5, 2
PRIVATE CAMP BACKLOT WC4B
PRIVATE CAMP BACKLOT WC4B1
WATERFRONT COMMERCIAL WC5****
WATERFRONT COMMERCIAL WC6****
WATERFRONT COMMERCIAL WC7****
RESTAURANT ROOFED RECREATION FACILITY STAFF QUARTERS STORAGE FACILITIES TUCK SHOP WASTE TREATMENT FACILITY *
MARINA WC2
CONVENIENCE STORE RESIDENTIAL – DWELLING UNIT *** GOLF COURSE ** HOME OCCUPATION *** MARINA OPEN SPACE RECREATION PARKING AREAS PARKING SPACES PERSONAL SERVICE SHOP RETAIL STORE
RESORT COMMERCIAL BACKLOT WC1B
ACCESSORY USES
RESORT COMMERCIAL WATERFRONT WC1, WC1A1, 2, 3, 4
SECTION III WATERFRONT COMMERCIAL ZONES
X
---
X
X
---
---
---
---
---
---
X
---
X
X
X
---
---
X
X
---
X
X
---
---
---
---
---
---
---
---
X
---
X
X
X
---
---
---
---
---
X X
--X
-----
X X
--X
--X
--X
-----
-----
-----
X
X
X
X
X
X
X
---
---
---
X
X
X
X
X
X
X
---
---
---
X
---
---
---
---
---
---
---
---
---
X X
-----
X X
--X
-----
-----
-----
-----
-----
-----
X
X
---
X
X
X
X
---
---
---
X
X
---
---
X
X
X
---
---
---
X X
X ---
X ---
X ---
X X
X ---
X ---
-----
-----
-----
---
X
---
---
---
X
---
---
---
---
Amended By 89-110 Amended By 98-98 Amended By 2001-201 2006-126 3.2.2
X indicates the uses permitted in the particular zone
ZONE REQUIREMENTS No person shall, in any Waterfront Commercial Zone, USE any LOT or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE except in accordance with the following requirements and the applicable Special Provisions:
16
SECTION III WATERFRONT COMMERCIAL ZONES a.
ZONE
LOT AND SITE REQUIREMENTS
LOT REQUIREMENTS
MINIMUM YARD REQUIREMENTS
SYMBOL
MIN. FRONTAGE
MIN. AREA
MAX. COVERAGE
FRONT
INT. SIDE
EXT. SIDE
REAR
MAXIMUM HEIGHT
WC1
500 FT.
5 AC
10 %
66 FT.
30 FT.
66 FT.
50 FT.
45 FEET
WC1A1
500 FT.
5 AC
10 %
66 FT.
30 FT.
66 FT.
50 FT.
45 FEET
WC1A2
250 FT.
2 AC.
10 %
66 FT.
30 FT.
66 FT.
50 FT.
45 FEET
WC1A3
250 FT.
2 AC.
10 %
66 FT. (3)
30 FT. (3)
66 FT. (3)
50 FT.
45 FEET
WC1A4
500 FT.
5 AC
10 %
66 FT. (3)
30 FT. (3)
66 FT. (3)
50 FT.
45 FEET
WC1B
---
10 AC.
1%
66 FT. (3)
30 FT. (3)
66 FT. (3)
50 FT.
45 FEET
WC1B1 (1)
---
---
---
---
---
---
---
---
MARINA
WC2
250 FT. (2)
2 AC.
20 %
---
30 FT.
66 FT.
50 FT.
35 FEET
TENT & TRAILER PARK
WC3
300 FT.
5 AC.
10 %
66 FT.
100 FT.
66 FT.
100 FT.
30 FEET
WC4
500 FT.
5 AC.
10 %
66 FT.
100 FT.
66 FT.
100 FT.
30 FEET
WC4A.5
500 FT.
5 AC.
10 %
66 FT.
100 FT.
66 FT.
100 FT.
30 FEET
WC4A1
500 FT.
5 AC.
10 %
66 FT.
100 FT.
66 FT.
100 FT.
30 FEET
WC4A1.5
500 FT.
5 AC.
10 %
66 FT.
100 FT.
66 FT.
100 FT.
30 FEET
WATERFRONT
WC4A2
500 FT.
5 AC.
10 %
66 FT.
100 FT.
66 FT.
100 FT.
30 FEET
PRIVATE CAMP BACKLOT
WC4B
---
10 AC.
1%
66 FT.
100 FT.
66 FT.
100 FT.
30 FEET
WC41B
---
10 AC.
1%
66 FT.
100 FT.
66 FT.
100 FT.
30 FEET
WATERFRONT COMMERCIAL
WC5*
--- (4)
--- (4)
35 %
35 FT. (5)
10 FT.
10 FT.
25 FT.
30 FT.
WATERFRONT COMMERCIAL
WC6*
--- (4)
--- (4)
35 %
35 FT. (5)
10 FT.
10 FT.
25 FT.
30 FT.
WATERFRONT COMMERCIAL
WC7*
300 FT. (8) (11)
1.5 AC. (9)
5 % (7)
100 FT. (6)
50 FT. (6)
WATERFRONT COMMERCIAL
WC (1)
---
---
---
---
---
TITLE
RESORT COMMERCIAL WATERFRONT
RESORT COMMERCIAL BACKLOT
PRIVATE CAMP
50 FT. (6) 50 FT. (6) 30 FT. (10) ---
---
---
*2006-126
2006-126
(1)
No person shall, within a Resort Commercial Backlot 1 (WC1B1) or within a Waterfront Special Lakes Commercial (WC) Zone use any LOT except for those USES, which existed on the date of passing of this By-law, which USES shall not be extended by the erection of further BUILDINGS or STRUCTURES.
(2)
For LOTS zoned WC2 on the date of passing of this By-law the minimum LOT FRONTAGE requirement shall be 250 feet or the LOT FRONTAGE which existed on the date of passing of this By-law, whichever is less.
(3)
See Provision 3.2.3.g., 3.2.4.c. and 3.2.4.f.
(4)
The minimum LOT FRONTAGE and LOT AREA requirements are the dimensions of that LOT which existed on the date this by-law was passed.
17
SECTION III WATERFRONT COMMERCIAL ZONES 2006-126
(5)
For the purposes of this by-law, the FRONT LOT LINE shall be the HIGH WATER MARK and the REAR LOT LINE shall be the STREET in the case of a THROUGH LOT. Where the FRONT LOT LINE is a STREET, the FRONT YARD SETBACK shall be 25 feet.
2006-126
(6)
For LOTS zoned Waterfront Commercial (WC7) with a residential USE, the residential USE shall have a minimum FRONT YARD SETBACK of 35 feet, a minimum SIDE YARD SETBACK of 15 feet, and a minimum REAR YARD SETBACK of 15 feet.
2006-126
(7)
For LOTS zoned Waterfront Commercial (WC7) with a residential USE, the maximum total LOT COVERAGE shall be 5% for the commercial USE and 10% in total for both USES.
2006-126
(8)
For LOTS zoned Waterfront Commercial (WC7), the minimum LOT FRONTAGE requirement shall be 300 feet or the LOT FRONTAGE which existed on the date of the passing of this by-law.
2006-126
(9)
For LOTS zoned Waterfront Commercial (WC7), the minimum LOT AREA requirement shall be 1.5 acres or the LOT AREA which existed on the date of the passing of this by-law.
2006-126
(10)
For commercial buildings over 20 feet in height, the minimum FRONT YARD SETBACK shall be 100 feet.
2006-126
(11)
The LOT shall abut a STREET maintained year round by a PUBLIC AUTHORITY.
Amended By 2001-201
b.
FRONT YARD EXEMPTIONS The following BUILDINGS and STRUCTURES are exempted from the FRONT YARD requirements:
c.
i.)
SUNDECKS, LANDINGS and stairs; and,
ii.)
pumphouses, saunas and gazebos not exceeding 15 feet in HEIGHT.
DWELLING UNIT Where an ACCESSORY Residential USE is permitted, if it is located in a nonresidential building it should conform with General Provision 7.17, DWELLING UNIT in a Non-Residential BUILDING.
98-99
d.
LANDSCAPED BUFFER Where a Waterfront Commercial Zone abuts a Residential Zone, 20 feet of the REQUIRED YARD abutting that zone, shall be used and maintained as a LANDSCAPED BUFFER. (See Section 3.2.3.f for LANDSCAPED BUFFER requirement in a WC1A4 zone)
18
SECTION III WATERFRONT COMMERCIAL ZONES 98-99, 2003-77
e.
STRUCTURES OVER WATER A BOATHOUSE and DOCK may be located in a Waterbody Open Space Zone (WOS) where it abuts a Waterfront Commercial Zone or in a Waterfront Commercial Zone (WC), provided it is an ACCESSORY USE to the main permitted USE and is subject to the following: i.)
ii.)
Amended By 2001-201
f.
in the case of a DOCK a)
no part of any DOCK shall extend beyond 80 feet from the HIGH WATER MARK;
b)
no part of any DOCK shall be ERECTED within 30 feet of the SIDE or REAR LOT LINE or any 100 foot STRAIGHT LINE PROJECTION thereof from the HIGH WATER MARK; or when a commercial LOT abuts another commercial LOT such SIDE YARD may be a minimum of 15 feet;
c)
a DOCK is permitted to extend from or to be located within the FRONT YARD of a LOT;
d)
the total CUMULATIVE WIDTH of DOCKS and BOATHOUSES on a LOT shall not exceed 25 percent of the LOT FRONTAGE; and,
e)
Subsection 3.2.2.e.i)d) above shall not apply to: the Lake Joseph Club, Pinelands Resort and Ferndale Resort provided any new DOCKS and BOATHOUSES conform to the requirements of the Official Plan.
in the case of a BOATHOUSE; a)
no part of any BOATHOUSE shall extend beyond 50 feet from the HIGH WATER MARK;
b)
the total BOATHOUSE WIDTH shall not exceed 25 percent of the LOT FRONTAGE or 50 feet whichever is greater, excluding BOATHOUSES in a Marine (WC2) Zone;
c)
the BOATHOUSE shall not exceed a HEIGHT of 25 feet;
d)
no part of any BOATHOUSE shall be ERECTED within 30 feet of the SIDE or REAR LOT LINE or any 100 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK; or when a commercial LOT abuts another commercial LOT such SIDE YARD may be a minimum of 15 feet; and,
e)
the BOATHOUSE is permitted to extend from or to be located within the FRONT YARD of a LOT.
PARKING AND LOADING See General Provisions 7.25 and 7.26 for Parking and Loading Requirements.
19
SECTION III WATERFRONT COMMERCIAL ZONES 3.2.3
Specific Zone Requirements – Resort Commercial Waterfront Special Provisions: Resort Commercial Waterfront (WC1A1, WC1A2, WC1A3, WC1A4) The following requirements are applicable in these zones:
3.2.4
a.
For the purposes of this By-law limited development shall mean that properties zoned WC1A1 will be limited to a development allowance of 1000 square feet of GROSS FLOOR AREA for each acre of land zoned WC1A1.
b.
For the purposes of this By-law limited development shall mean properties zoned WC1A2 will be limited to a development allowance of 2000 square feet of GROSS FLOOR AREA for each acre of land zoned WC1A2.
c.
For the purposes of this By-law limited development shall mean that properties zoned WC1A3 will be limited to a development allowance of 3000 square feet of GROSS FLOOR AREA for each acre of land zoned WC1A3.
d.
For the purposes of this By-law limited development shall mean that properties zoned WC1A4 will be limited to a development allowance of 4000 square feet of GROSS FLOOR AREA for each acre of land zoned WC1A4.
e.
Where a Resort Commercial (WC1A3) Zone abuts a Residential Zone, 20 feet of the REQUIRED INTERIOR YARD abutting that zone shall be planted and maintained as a LANDSCAPED BUFFER.
f.
Where a Resort Commercial (WC1A4) Zone abuts a Residential Zone, 30 feet of the REQUIRED INTERIOR YARD abutting that zone shall be planted and maintained as a LANDSCAPED BUFFER.
g.
In a WC1A4 Zone, no ROOFED RECREATION FACILITY is permitted within 100 feet of a Residential Zone, a legally existing residential property or a HIGH WATER MARK.
Specific Zone Requirements – Resort Commercial Backlot Special Provisions: Resort Commercial Backlot (WC1B, WC1B1) The following requirements are applicable in this zone: a.
The maximum GROSS FLOOR AREA allowed for all permitted uses on a LOT in a WC1B zone is limited to 1% of the LOT area zoned WC1B to a maximum of 43,560 feet.
b.
On properties larger than 100 acres the maximum GROSS FLOOR AREA allowed for all permitted uses on a LOT in a WC1B zone is limited to 1% of 100 acres.
c.
The interior SIDE YARD in a WC1B zone, which abuts any zone other than a residential zone shall be 30 feet.
20
SECTION III WATERFRONT COMMERCIAL ZONES
3.2.5
d.
No BUILDING shall be erected in any part of the area or areas zoned Resort Commercial Backlot (WC1B) within a TOURIST RESORT, HOTEL or MOTEL such that the cumulative GROSS FLOOR AREA of all buildings within that zone in that TOURIST RESORT, HOTEL or MOTEL exceeds 43,560 square feet.
e.
No USES are permitted on a LOT or a part of a LOT zoned Resort Commercial Backlot (WC1B) unless such LOT is part of a TOURIST RESORT, HOTEL or MOTEL, which also includes a LOT or a part of a LOT zoned Resort Commercial Waqterfront.
f.
In a Resort Commercial Backlot Zone (WC1B) no ROOFED RECREATION FACILITY is permitted within 100 feet of a Residential Zone, a legally existing residential property or a HIGH WATER MARK.
g.
No person shall, within a Resort Commercial Backlot 1 (WC1B1) Zone use any LOT except for those USES, which existed on the date of passing of this By-law, which USES shall not be extended by the erection of further BUILDINGS or STRUCTURES.
Specific Zone Requirements – Marine Commercial Special Provisions: Marine Commercial (WC2) The following specific requirements are applicable in this zone:
3.2.6
a.
A detached DWELLING UNIT may be ERECTED if it is located a minimum of 35 feet from the HIGH WATER MARK.
b.
No boat storage facility exceeding a HEIGHT of 25 feet may be ERECTED within 100 feet of the HIGH WATER MARK.
Specific Zone Requirements – Tent and Trailer Park Special Provisions: Tent and Trailer Park (WC3) The following specific requirements are applicable in this zone: a.
Minimum LOT FRONTAGE per CAMPSITE – 10 feet.
b.
No CAMPSITE may be located within 100 feet of any LOT LINE or the present HIGH WATER MARK.
c.
Minimum area of each CAMPSITE – 2500 square feet
d.
HOUSEKEEPING UNITS and CABINS may be ERECTED and used only in accordance with the following requirements: i)
minimum LOT AREA per CABIN located on the LOT – 5000 square feet;
ii)
maximum FLOOR AREA per CABIN – 1000 square feet;
iii)
minimum LOT AREA per HOUSEKEEPING UNIT – located on the LOT – 7500 square feet;
21
SECTION III WATERFRONT COMMERCIAL ZONES
3.2.7
iv)
maximum FLOOR AREA per HOUSEKEEPING UNIT – 1200 square feet; and,
v)
total number of HOUSEKEEPING UNITS and CABINS on a LOT shall not exceed 10% of the number of developed CAMPSITES on a LOT.
e.
The total LOT size requirement is the sum of the requirements for each HOUSEKEEPING UNIT, CABIN and CAMPSITE on a LOT.
f.
New TENT AND TRAILER PARKS shall not be permitted on Lake Joseph, Lake Rosseau and Lake Muskoka.
Specific Zone Requirements – Private Camps Waterfront Special Provisions: Private Camps Waterfront (WC4A.5, WC4A1, WC4A1.5, WC4A2) The following specific requirements are applicable in this zone:
3.2.8
a.
For the purposes of this By-law limited development shall mean that properties zoned WC4A.5 will be limited to a development allowance of 500 square feet of GROSS FLOOR AREA for each acre of land zoned WC4A.5.
b.
For the purposes of this By-law limited development shall mean that properties zoned WC4A1 will be limited to a development allowance of 1000 square feet of GROSS FLOOR AREA for each acre of land zoned WC4A1.
c.
For the purposes of this By-law limited development shall mean that properties zoned WC4A1.5 will be limited to a development allowance of 1500 square feet of GROSS FLOOR AREA for each acre of land zoned WC4A1.5.
d.
For the purposes of this By-law limited development shall mean that properties zoned WC4A2 will be limited to a development allowance of 2000 square feet of GROSS FLOOR AREA for each acre of land zoned WC4A2.
e.
Minimum LOT FRONTAGE per CAMPSITE – 10 feet.
f.
No CAMPSITE may be located within 100 feet of any LOT LINE or the present HIGH WATER MARK.
g.
Minimum area of each CAMPSITE – 2500 square feet.
Specific Zone Requirements – Private Camps Backlot Special Provisions: Private Camps Backlot (WC4B, WC4B1) The following specific requirements are applicable in this zone: a.
The maximum GROSS FLOOR AREA allowed for all permitted uses on a LOT in a WC4B Zone or in a WC4B1 Zone is limited to 1% of the LOT area zoned WC4B or WC4B1 to a maximum of 43,560 square feet.
22
SECTION III WATERFRONT COMMERCIAL ZONES
2006-126
3.2.9
b.
On properties larger than 100 acres the maximum GROSS FLOOR AREA allowed for all permitted uses on a LOT in a WC4B Zone or in a WC4B1 Zone is limited to 1% of 100 acres.
c.
Minimum LOT FRONTAGE per CAMPSITE – 10 feet.
d.
No CAMPSITE may be located within 100 feet of any LOT LINE or the present HIGH WATER MARK.
e.
Minimum area of each CAMPSITE – 2500 square feet.
Specific Zone Requirements – Waterfront Contractors Special Provisions: Waterfront Contractors (WC7) The following specific requirements are applicable in this zone: a.
OPEN STORAGE areas shall be limited to a maximum of 1% of the total LOT AREA. OPEN STORAGE must comply with all setback requirements for commercial USE.
23
SECTION III WATERFRONT LANDING ZONES 3.3
WATERFRONT LANDING (WL) 3.3.1
Permitted Uses No person shall within the WATERFRONT LANDING (WL) zone USE any LOT or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE for any purpose except in accordance with the following permitted USE:
Amended By 2001-201
2001-201
3.3.2
a.
WATERFRONT LANDING with associated PARKING AREA;
b.
A single storey PRIVATE GARAGE or storage shed; and,
c.
BOATHOUSE or DOCK.
Permitted Structures BUILDINGS and STRUCTURES permitted in a WATERFRONT LANDING (WL) zone are limited to the following:
2001-201
a.
A single storey PRIVATE GARAGE or a storage shed; and
2001-201, 2003-77
b.
BOATHOUSE, and
2003-77
c.
DOCK.
3.3.3
Zone Requirements No person shall within the Waterfont Landing Zone (WL) USE any LOT, or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE for any purpose except in accordance with the following requirements: a.
LOT AND SITE REQUIREMENTS
ZONE TITLE WATERFRONT LANDING
MINIMUM YARD REQUIREMENTS
LOT REQUIREMENTS
MAX. MIN. MIN. INT. EXT. SYMBOL COVER- FRONT REAR FRONTAGE AREA SIDE SIDE AGE WL
b.
---
---
5%
66 FT.
15 FT.
30 FT.
15 FT.
MAXIMUM HEIGHT
20 FT.
STRUCTURES OVER WATER A BOATHOUSE or DOCK may be located in a Waterbody Open Space Zone (WOS) where it abuts a Waterfront Landing Zone or in a Waterfront Landing Zone (WL) provided that: i.)
in the case of DOCKS a)
no part of any DOCK shall extend beyond 66 feet in the water from the HIGH WATER MARK;
b)
no part of any DOCK shall be ERECTED within 15 feet from the SIDE or REAR LOT LINE or any 100 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK; and,
24
SECTION III WATERFRONT LANDING ZONES c) ii.)
Amended By 2001-201
c.
d.
the DOCK is permitted to extend from or to be located in the FRONT YARD of a LOT.
in the case of a BOATHOUSE a)
no part of any BOATHOUSE shall extend beyond 50 feet from the HIGH WATER MARK;
b)
the total BOATHOUSE WIDTH shall not exceed 25 percent of the LOT FRONTAGE or 25 feet, which ever is greater;
c)
the BOATHOUSE shall not include a second STOREY;
d)
no part of an BOATHOUSE shall be ERECTED within 15 feet from the SIDE or REAR LOT LINE or any 100 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK;
e)
the BOATHOUSE is permitted to extend from or to be located in the FRONT YARD of a LOT; and,
f)
the BOATHOUSE shall not contain a DWELLING UNIT or SLEEPING CABIN.
LANDSCAPED BUFFER i.)
Where a Waterfront Landing (WL) zone abuts any Residential Zone, 10 feet of the REQUIRED YARD abutting that Residential zone shall be used and maintained as a LANDSCAPED BUFFER.
ii.)
Where a Waterfront Landing (WL) Zone abuts any Waterbody Open Space (WOS) or Environmental Protection (EP2) Zone, 10 feet of the REQUIRED YARD abutting that Waterbody Open Space or Environmental Protection Zone shall be used and maintained as LANDSCAPED BUFFER.
PARKING i.)
No part of any PARKING AREA shall be located within 15 feet of a SIDE or REAR LOT LINE.
ii.)
No part of any PARKING AREA shall be located within 35 feet of the FRONT LOT LINE.
25
SECTION IV COMMUNITY ZONE PROVISIONS 4.1
4.2
4.3
COMMUNITY RESIDENTIAL ZONES (R)……………………….……….…………………….. (R1, R2, R3, R4, R5, R6, RM1, RM2)
27
4.1.1 Permitted Uses……………………………………………………………………………..
27
4.1.2 Zone Requirements………………………………………………………………………..
27
4.1.3 Special Provisions: Multiple Residential (RM1, RM2)…………………………………
30
COMMUNITY COMMERCIAL ZONES (C)……………………………………………………… (C1A, C1B, C1C, C1CA, C1D, C1DA, C2, C3, C4, C5)
32
4.2.1 Permitted Uses……………………………………………………………………………..
32
4.2.2 Zone Requirements………………………………………………………………………..
33
4.2.3 Special Provisions: Resort Commercial………………………………………………... (C1A, C1B, C1C, C1CA, C1D, C1DA)
36
4.2.4 Special Provisions: Resort Commercial………………………………………………... (C1A, C1B)
36
4.2.5 Special Provisions: Resort Commercial………………………………………………... (C1C, C1D)
36
4.2.6 Special Provisions: Resort Commercial………………………………………………... (C1CA, C1DA)
36
4.2.7 Special Provisions: Resort Commercial………………………………………………... (C2)
37
4.2.8 Special Provisions: Resort Commercial………………………………………………... (C3, C4, C5)
37
COMMUNITY INDUSTRIAL ZONES…………………………………………………………….. (M1, M2, M3, M4)
38
4.3.1 Permitted Uses……………………………………………………………………………..
38
4.3.2 Zone Requirements………………………………………………………………………..
38
MISCELLANEOUS ZONES (See Section VI, Page 51)………………………………………………
51
6.1
Waterbody Open Space (WOS) (Lands under water)………………………………….
52
6.2
Open Space (OS1, OS2, OS3, OS4)…………………………………………………….
53
6.3
Environmental Protection (EP1, EP2)……………………………………………………
57
6.4
General Restricted (GR)…………………………………………………………………..
59
6.5
Institutional (I)………………………………………………………………………………
60
26
SECTION IV COMMUNITY RESIDENTIAL ZONE 4.1
COMMUNITY RESIDENTIAL ZONES (R) (R1, R2, R3, R4, R5, R6, RM1, RM2) 4.1.1 Permitted Uses No person shall within any of the Community Residential Zones USE any LOT or ERECT, locate, ALTER, or USE any BUILDING or STRUCTURE for any purpose except in accordance with the following applicable zones:
Amended By 89-110
MULTIPLE RESIDENTIAL RESIDENTIAL RESIDENTIAL (R5) (R6) (RM1) NO SERVICE NO SERVICE SEWER AND WATER
MULTIPLE RESIDENTIAL (RM2) SEWER AND WATER
RESIDENTIAL (R1) SEWER AND WATER
RESIDENTIAL (R2) SEWER OR WATER
RESIDENTIAL (R3) NO SERVICE
RESIDENTIAL (R4) NO SERVICE
RESIDENTIAL – DWELLING UNIT *
X
X
X
X
X
X
X
X
RESIDENTIAL – CONVERTED DWELLING *
X
---
---
---
---
---
X
X
RESIDENTIAL – MULTIPLE DWELLINGS *
---
---
---
---
---
---
X
---
HOME OCCUPATION
X
X
X
X
X
X
---
---
BED AND BREAKFAST
X
X
X
X
X
X
---
---
GROUP HOME
X
X
X
X
X
X
X
X
RESIDENTIAL – DUPLEX DWELLING *
---
---
---
---
---
---
X
X
RESIDENTIAL – SEMI DETACHED DWELLING *
---
---
---
---
---
---
X
X
COTTAGE INDUSTRY
---
---
---
---
---
X
---
---
PERMITTED USES
*Amended By 2001-201
X indicates uses permitted in applicable zone
4.1.2 Zone Requirements Amended By 89-110
No person shall within any of the Community Residential zones USE any LOT, or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE except in accordance with the following requirements:
27
SECTION IV COMMUNITY RESIDENTIAL ZONES a.
ZONE
LOT AND SITE REQUIREMENTS:
LOT REQUIREMENTS
MINIMUM YARD REQUIREMENTS
MAXIMUM HEIGHT
MAIN BUILDING MINIMUM GROUND FLOOR AREA
SYMBOL
MIN. FRONTAGE
MIN. AREA
MAX. COVERAGE
FRONT
INT. SIDE
EXT. SIDE
REAR
MAIN BLDG.
ACCESSORY
RESIDENTIAL sewer & water
R1
66 FT.
7500 SQ.FT.
35 %
25 FT.
6 FT.
25 FT.
25 FT.
30 FT.
20 FT.
750 SQ.FT.
RESIDENTIAL sewer or water
R2
100 FT.
20000 SQ.FT.
35 %
25 FT.
6 FT.
25 FT.
25 FT.
30 FT.
20 FT.
750 SQ.FT.
RESIDENTIAL private service
R3
130 FT.
30000 SQ.FT.
20 %
25 FT.
6 FT.
25 FT.
25 FT.
30 FT.
20 FT.
750 SQ.FT.
RESIDENTIAL private service
R4
150 FT.
1 AC.
20 %
25 FT.
6 FT.
25 FT.
25 FT.
30 FT.
20 FT.
RESIDENTIAL private service
R5
200 FT.
1 AC.
20 %
25 FT.
6 FT.
25 FT.
25 FT.
30 FT.
20 FT.
RESIDENTIAL private service
R6
130 FT.
30000 SQ.FT.
20 %
25 FT.
20 FT.
25 FT.
25 FT.
30 FT.
20 FT.
750 SQ.FT.
MULTIPLE RESIDENTIAL sewer & water
RM1
130 FT
13000 SQ.FT.
35 %
25 FT.
25 FT.
25 FT.
35 FT.
35 FT.
20 FT.
See Section 4.1.2(c)
MULTIPLE RESIDENTIAL sewer or water
RM2
100 FT.
10000 SQ.FT.
35 %
25 FT.
25 FT.
25 FT.
25 FT.
30 FT.
20 FT.
750 SQ.FT.
TITLE
(1)
The minimum rear yard setback for an accessory building with a FLOOR AREA of 250 square feet or less shall be 6 feet. R-3 applies to Communities of Glen Orchard, Milford Bay, Torrance R-4 applies to Communities of Foots Bay, Minett, Windermere R-5 applies to Communities of Port Carling, Bala
95-95
b.
STRUCTURES OVER WATER A BOATHOUSE or DOCK may be located in a Waterbody Open Space (WOS) Zone where it abuts a Community Residential Zone or in any Community Residential (R) Zone provided it is an ACCESSORY USE to the main permitted USE and is subject to the following: i.)
Amended By 2001-201
In the case of a DOCK a)
no part of any DOCK shall extend beyond 66 feet from the HIGH WATER MARK;
b)
no part of any DOCK shall be ERECTED within 15 feet of the SIDE or REAR LOT LINE or any 100 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK; and,
c)
the DOCK is permitted to extend from or to be located in the FRONT YARD of a LOT.
28
SECTION IV COMMUNITY RESIDENTIAL ZONES d)
95-95 ii.)
the total CUMULATIVE DOCK WIDTH on LOT shall not exceed 25 percent of the LOT FRONTAGE or 75 feet whichever is lesser. in the case of a BOATHOUSE
a)
no part of any BOATHOUSE shall extend beyond 50 feet from the HIGH WATER MARK;
b)
the total CUMULATIVE BOATHOUSE WIDTH on a LOT shall not exceed 25 percent of the LOT FRONTAGE or 75 feet whichever is lesser;
c)
the BOATHOUSE shall not exceed a HEIGHT of 25 feet;
Amended By 2001-201
d)
no part of any single STOREY BOATHOUSE shall be ERECTED within 15 feet of the SIDE or REAR LOT LINE or any 100 foot STRAIGHTLINE PROJECTION thereof, from the HIGH WATER MARK;
Amended By 89-110, 2001201, 2003-77
e)
for the purposes of this By-law, a BOATHOUSE which has a second STOREY or any part thereof shall be deemed to be a two STOREY BOATHOUSE and no part of the two STOREY portion of the BOATHOUSE shall be ERECTED within 30 feet of the SIDE or REAR LOT LINE or any 100 foot STRAIGHT LINE PROJECTION of the SIDE or REAR LOT LINE;
f)
the BOATHOUSE is permitted to extend from or to be located in the FRONT YARD of a LOT; and,
g)
the BOATHOUSE shall not contain a DWELLING UNIT.
Amended By 89-110, 95-95
c.
MULTIPLE DWELLINGS In the case of a MULTIPLE DWELLING, or a CONVERTED DWELLING, the following provisions apply: i.)
Minimum FLOOR AREA Bachelor 1 Bedroom 2 Bedroom 3 Bedroom
-355 square feet -450 square feet -550 square feet -650 square feet
ii.)
Parking requirements – 2.0 PARKING SPACES/DWELLING UNIT
iii.)
In the case of a MULTIPLE DWELLING only, no PARKING SPACE shall be located within 10 feet of a LOT LINE.
iv.)
Where a MULTIPLE DWELLING, greater than 3 units abuts a single family residential zone (R1, R2, R3, R4, R5), 10 feet of the REQUIRED YARD shall be used and maintained as a LANDSCAPED BUFFER.
29
SECTION IV COMMUNITY RESIDENTIAL ZONES 95-95
d.
FRONT YARD EXEMPTIONS (where the FRONT LOT LINE is the High WATER MARK)
95-95
The following BUILDINGS and STRUCTURES are exempted from the front yard requirements:
95-95
i.)
SUNDECKS, not exceeding 6 feet in HEIGHT;
95-95
ii.)
stairs and LANDINGS where LANDINGS do not exceed the width of the stairs they serve; and,
95-95
iii.)
pumphouses, saunas and gazebos not exceeding 15 feet in HEIGHT and 200 square feet in maximum FLOOR AREA.
4.1.3
Specific Zone Requirements – Multiple Residential Special Provisions: Multiple Residential (RM1, RM2) The following specific requirements are applicable in these zones: a.
In a Multiple Residential (RM1) zone the density of development shall not exceed 12 DWELLING UNITS per acre.
89-110
b.
In a Multiple Residential (RM1) zone for each ROW DWELLING there must be a minimum of 20 feet of LOT FRONTAGE except where the LOT is a corner LOT there must be 40 feet of LOT FRONTAGE for the corner ROW DWELLING unit.
89-110
c.
In a Multiple Residential (RM1 or RM2) zone for each SEMI DETACHED DWELLING there must be a minimum of 50 feet of LOT FRONTAGE.
89-110
d.
Where a LOT contains two or more MULTIPLE DWELLINGS, the following minimum distances between buildings shall be required:
89-110
i.)
The minimum distance between two exterior walls (neither of which is an end wall) facing and parallel to each other, where either or both walls contain a living room window, shall be the height of the higher wall.
89-110
ii.)
The minimum distance between an exterior wall containing a living room window and a facing and parallel end wall containing no windows to habitable rooms shall be the height of the higher wall.
89-110
iii.)
The minimum distance between two exterior walls (neither of which is an end wall) facing and parallel to each other, where either or both contain windows to habitable rooms other than living room windows, shall be 35 feet.
89-110
iv.)
The minimum distance between an exterior wall containing a habitable room window, other than a living room window, and a facing and parallel end wall containing no windows to habitable rooms shall be 20 feet.
30
SECTION IV COMMUNITY RESIDENTIAL ZONES 89-110
v.)
The minimum distance between two end walls facing and parallel to each other where neither wall contains habitable room windows shall be 12 feet. For the purposes of this provision, such exterior wall having an angle of divergence of not more than 85 degrees shall be deemed to face and be parallel to each other.
31
SECTION IV COMMUNITY COMMERCIAL ZONES 4.2
COMMUNITY COMMERCIAL ZONES (C) (C1A, C1B, C1C, C1CA, C1D, C1DA, C2, C3, C4, C5) 4.2.1
Permitted Uses No person shall within any of the Community Commercial Zones USE any LOT, or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE for any purpose except in accordance with the following applicable zones:
Amended By 89-110
RESORT COMMERCIAL PERMITTED USES
MARINA
COMMUNITY
HIGHWAY
SPECIAL
C1A
C1B
C1C C1CA
C1D C1DA
C2
C3
C4
C5
AUTOMOBILE SALES ESTABLISHMENT
---
---
---
---
---
---
X
---
AUTOMOBILE SERVICE STATION
---
---
---
---
---
---
X
---
AUTOMOBILE WASHING ESTABLISHMENT
---
---
---
---
---
---
X
---
BUILDING SUPPLY YARD
---
---
---
---
---
---
X
---
CLINIC
---
---
---
---
---
X
---
---
CONTRACTOR’S YARD
---
---
---
---
---
---
X
---
CONVENIENCE STORE
---
---
---
---
---
X
X
---
FINANCIAL BUSINESS
---
---
---
---
X
---
---
---
GAS BAR
---
---
---
---
X
---
X
---
HOTEL
X
X
X
X
---
---
---
---
MARINA
---
---
---
---
X
---
X
---
MOTEL
X
X
X
X
---
---
X
---
RESIDENTIAL – MULTIPLE DWELLING *
---
---
---
---
---
X
---
X
OFFICE
---
---
---
---
---
X
---
---
PERSONAL SERVICE SHOP
---
---
---
---
---
X
---
X
PLACE OF AMUSEMENT
---
---
---
---
---
X
X
---
RECREATIONAL ESTABLISHMENT
---
---
---
---
---
---
X
---
RECREATIONAL VEHICLE AND EQUIPMENT CENTRE
---
---
---
---
---
---
X
---
RESTAURANT
X
X
X
X
---
X
X
X
RETAIL STORE
---
---
---
---
---
X
---
X
SERVICE SHOP
---
---
---
---
X
---
X
---
TAVERN
---
---
---
---
---
X
X
X
TOURIST RESORT
X
X
X
X
---
---
---
---
* Amended By 2001-201
X indicates uses permitted in applicable zone
32
SECTION IV COMMUNITY COMMERCIAL ZONES RESORT COMMERCIAL ACCESSORY USES
MARINA
COMMUNITY
HIGHWAY
SPECIAL
C1A
C1B
C1C C1CA
C1D C1DA
C2
C3
C4
C5
Convenience Store
X
X
X
X
X
---
---
---
CONTRACTOR’S YARD
---
---
---
---
X
---
---
---
RESIDENTIAL – DWELLING UNIT ***
X
X
X
X
X
X
X
X
GOLF COURSE **
X
X
X
X
---
---
---
---
MARINA
X
X
X
X
---
---
---
---
RESIDENTIAL – MULTIPLE DWELLING ***
---
---
---
---
---
X
---
X
OFFICE
X
X
X
X
X
X
X
X
PERSONAL SERVICE SHOP
X
X
X
X
---
---
---
---
PLACE OF AMUSEMENT
X
X
X
X
---
---
X
---
RECREATIONAL ESTABLISHMENT
X
X
X
X
---
---
---
---
Restaurant
X
X
X
X
X
---
---
---
RETAIL STORE
X
X
X
X
X
---
---
---
SERVICE SHOP
---
---
---
---
X
---
---
---
TAVERN
X
X
X
X
---
---
---
---
* ** ***
Amended By 95-95 Amended By 98-98 Amended By 2001-201
Amended By 95-95
(1)
4.2.2
X indicates uses permitted in applicable zone
Where permitted above, both one DWELLING UNIT and one SINGLE FAMILY DWELLING UNIT are permitted as accessory uses provided that the provisions of Section 7.17 are adhered to for the DWELLING UNIT. Zone Requirements No person shall within any of the Community Commercial Zones USE any LOT or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE except in accordance with the following requirements and the applicable Special Provisions:
33
SECTION IV COMMUNITY COMMERCIAL ZONES a.
LOT AND SITE REQUIREMENTS:
ZONE
LOT REQUIREMENTS
MINIMUM YARD REQUIREMENTS
SYMBOL
MIN. FRONTAGE
MIN. AREA
MAX. COVERAGE
C1A
325 FT.
1 AC.
C1B
250 FT.
C1C
MAXIMUM HEIGHT
FRONT
INT. SIDE
EXT. SIDE
REAR
35 %
25 FT.
20 FT.
25 FT.
25 FT.
45 FEET
1 AC.
35 %
25 FT.
20 FT.
25 FT.
25 FT.
45 FEET
500 FT.
2 AC.
15 %
25 FT.
20 FT.
25 FT.
25 FT.
45 FEET
C1D
250 FT.
2 AC.
15 %
25 FT.
20 FT.
25 FT.
25 FT.
45 FEET
C1CA
500 FT.
2 AC.
15 %
25 FT.
20 FT.(1)
25 FT.(1)
25 FT.
45 FEET
C1DA
250 FT.
2 AC.
15 %
25 FT.
20 FT.(1)
25 FT.(1)
25 FT.
45 FEET
C2(2)
200 FT.
---
35 %
---
10 FT.
25 FT.
25 FT.
35 FEET
COMMUNITY
C3
---
---
---
10 FT.
10 FT.
10 FT.
10 FT.
30 FEET
HIGHWAY
C4
150 FT.
.5 AC
50 %
25 FT.
20 FT.
25 FT.
25 FT.
30 FEET
SPECIAL
C5
---
---
---
10 FT.
6 FT.
10 FT.
10 FT.
30 FEET
TITLE
RESORT COMMERCIAL
MARINA
C1A, C1B C1C, C1D -
Applies to Communities of Bala and Port Carling Applies to Foots Bay, Glen Orchard, Milford Bay, Minett, Torrance and Windermere
(1)
See Provision 4.2.6.c
(2)
For LOTS zoned C2 on the date of passing of this By-law the minimum LOT FRONTAGE requirement shall be 200 feet or the LOT FRONTAGE which existed on the date of passing of this By-law, whichever is less.
b.
FRONT YARD EXEMPTIONS The following BUILDINGS and STRUCTURES are exempted from the FRONT YARD requirements: i)
SUNDECKS, stairs, LANDINGS
ii)
Pumphouses, Saunas and GAZEBOS not exceeding 15 feet in HEIGHT.
c.
Where a Commercial Zone (C1A, C1B, C1C, C1CA, C1D, C1DA, C2, C4) abuts a residential Zone, 10 feet of the REQUIRED YARD abutting that zone shall be planted and maintained as a LANDSCAPED BUFFER.
d.
STRUCTURES OVER WATER A BOATHOUSE or DOCK may be located in the Waterbody Open Space Zone (WOS) where it abuts a Community Commercial (C) Zone or in a Community Commercial (C) Zone provided it is an ACCESSORY USE to the main permitted USE, and is subject to the following:
34
SECTION IV COMMUNITY COMMERCIAL ZONES i)
In the case of a DOCK
Amended By 89-110
a) no part of any DOCK shall extend beyond 66 feet from the HIGH WATER MARK;
Amended By 2001-201
b) no part of any DOCK shall be ERECTED within 15 feet of a SIDE or REAR LOT LINE or any 100 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK; and, c) the DOCK is permitted to extend from or to be located in the FRONT YARD of a LOT. ii)
in the case of a BOATHOUSE a) no part of any BOATHOUSE shall extend beyond 50 feet from the HIGH WATER MARK; b) the total BOATHOUSE WIDTH shall not exceed 25 percent of the LOT FRONTAGE or 50 feet, whichever is greater, excluding BOATHOUSES in a Marine (C2) Zone; c) the BOATHOUSE shall not exceed a HEIGHT of 25 feet;
Amended By 2001-201
d) no part of any single STOREY BOATHOUSE shall be ERECTED within 15 feet of a SIDE or REAR LOT LINE or any 100 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK;
Amended By 2001-201
e) for the purposes of this By-law a BOATHOUSE which has a second STOREY or any part thereof shall be deemed to be a two STOREY BOATHOUSE and no part of any two STOREY BOATHOUSE shall be ERECTED within 30 feet of the SIDE or REAR LOT LINE or any 100 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK; f) e.
the BOATHOUSE is permitted to extend from or to be located in the FRONT YARD of the LOT; and,
PARKING AND LOADING See General Provision 7.25 and 7.26 for Parking and Loading Requirements
f.
DWELLING UNIT Where an ACCESSORY Residential USE is permitted if it is located in a nonresidential building it shall conform with General Provision 7.17.
35
SECTION IV COMMUNITY COMMERCIAL ZONES 4.2.3
Specific Zone Requirements – Resort Commercial Special Provisions: Resort Commercial (C1A, C1B, C1C, C1CA, C1D, C1DA) The following specific requirement is applicable in these zones: a.
4.2.4
For the purpose of calculating development density in all Community Resort Commercial zones all ACCOMMODATION UNITS, HOUSEKEEPING UNITS, and DWELLING UNITS shall be included in the calculation of the number of units per acre allowed.
Specific Zone Requirements – Resort Commercial Special Provisions: Resort Commercial (C1A, C1B) The following specific requirements are applicable in these zones: a.
4.2.5
In a Resort Commercial (C1A, C1B) zone the density of development shall not exceed 12 units per acre.
Specific Zone Requirements – Resort Commercial Special Provisions: Resort Commercial (C1C, C1D) a.
4.2.6
In a Resort Commercial (C1C, C1D) zone the density of development shall not exceed 6 units per acre.
Specific Zone Requirements – Resort Commercial Special Provisions: Resort Commercial (C1CA, C1A) The following specific requirements are applicable in these zones: a.
In a Resort Commercial (C1CA, C1DA) zone the density of development shall not exceed 6 units per acre.
b.
In a Resort Commercial (C1CA, C1DA) zone the GROSS FLOOR AREA allowed for all permitted uses on a LOT in a C1CA or C1DA zone shall be limited to 20% of the LOT area zoned C1CA or C1DA.
c.
Where a Resort Commercial (C1CA, C1DA) zone abuts a Residential zone the minimum REQUIRED YARD shall be 40 feet. 10 feet of the REQUIRED YARD shall be planted and maintained as a LANDSCAPED BUFFER.
36
SECTION IV COMMUNITY COMMERCIAL ZONES 4.2.7
Specific Zone Requirements – Marine Commercial Special Provisions: Marine Commercial (C2) The following specific requirements are applicable in this zone: a.
4.2.8
A detached DWELLING UNIT may be located in a Marine Commercial (C2) Zone if it is a minimum of 25 feet from the HIGH WATER MARK.
Specific Zone Requirements – Commercial Zones Special Provisions: Commercial Zones (C3, C4, C5) The following specific requirements are applicable in these zones: a.
Despite the FRONT or REAR YARD requirements of Sections 7.2.3 and 7.21, a BUILDING or STRUCTURE may be ERECTED or ALTERED to conform with the ESTABLISHED BUILDING LINE.
b.
When a LOT abuts a NAVIGABLE WATERBODY, the SETBACK from the HIGH WATER MARK is 25 feet.
c.
MULTIPLE DWELLING UNITS are permitted in the same BUILDING as commercial use in a Community Commercial (C3 or C5) Zone provided that: i) The DWELLING UNITS are connected to a municipal SEWER and WATER SERVICES; ii) The units shall comply with the requirements of 4.1.2 (c); iii) The units shall comply with General Provision 7.17; and iv) The maximum density of development shall not exceed – 12 units/acre.
Amended By 89-110
d.
Where a Community Commercial (C3) Zone is in Port Carling and fronts on a District Road #43 between Lock Street and Ferndale Road or fronts on Lock Street or is in Bala and fronts of Provincial Highway #169 between Bala Falls Road and Gordon Street or fronts on Bala Falls Road, no INTER SIDE YARD is required.
98-98
e.
OPEN STORAGE in Community Commercial (C4) Zone.
98-98
No OPEN STORAGE of goods or materials is permitted unless the following provisions are compiled with:
98-98
i.)
such OPEN STORAGE is an ACCESSORY USE to the main permitted USE on the LOT;
98-98
ii.)
such OPEN STORAGE complies with the REQUIRED YARDS of the applicable zone; and,
98-98
iii.)
any portion of a LOT used for such OPEN STORAGE is screened from adjacent residential USES and STREETS adjoining the LOT and BUILDINGS or a LANDSCAPED BUFFER.
37
SECTION IV COMMUNITY INDUSTRIAL ZONES 4.3
COMMUNITY INDUSTRIAL ZONES (M1, M2, M3, M4) 4.3.1
Permitted Uses No person shall within any of the Community Industrial Zones USE any LOT, or ERECT, locate, ALTER or USE, any BUILDING or STRUCTURE for any purpose except in accordance with the following applicable zones.
LIGHT (M1) (Private Service)
HEAVY (M2) (Sewer & Water)
EXTRACTIVE (M3)
WASTE (M4)
AUTOMOBILE SERVICE STATION **
X
---
---
---
BUILDING SUPPLY YARD
X
---
---
---
CONTRACTOR’S YARD
X
X
X
---
LIGHT INDUSTRY
X
X
---
---
MARINA
X
X
---
---
PIT OR QUARRY
---
---
X
---
PROCESSING and/or MANUFACTURING
---
X
---
---
SERVICE SHOP
X
X
---
---
SEWER & WATER TREATMENT
---
---
---
X
WAREHOUSING
X
---
---
---
WASTE DISPOSAL
---
---
---
X
X
---
---
---
PERMITTED USES
ACCESSORY PERMITTED USES RETAIL STORE *
* **
Amended By 89-110 Amended By 98-98 4.3.2
X indicates uses permitted in applicable zone
Zone Requirements No person shall within any of the Community Industrial zones USE any LOT, or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE except in accordance with the following requirements and the applicable Special Provisions:
a. ZONE
LOT AND SITE REQUIREMENTS:
LOT REQUIREMENTS
MINIMUM YARD REQUIREMENTS
SYMBOL
MIN. FRONTAGE
MIN. AREA
MAX. COVERAGE
FRONT
INT. SIDE
EXT. SIDE
REAR
MAXIMUM HEIGHT
LIGHT - Private Service
M1
150 FT.
1 AC.
60 %
30 FT.
25 FT.
30 FT.
25 FT.
30 FEET
HEAVY - Sewer & Water
M2
150 FT.
1 AC.
60 %
30 FT.
25 FT.
30 FT.
25 FT.
30 FEET
EXTRACTIVE
M3
---
---
20 %
66 FT.
66 FT.
66 FT.
66 FT.
30 FEET
WASTE
M4
---
---
---
---
---
---
---
---
TITLE
38
SECTION IV COMMUNITY INDUSTRIAL ZONES
b.
OPEN STORAGE No open storage of goods or materials is permitted unless the following provisions are complied with: i) such open storage is an ACCESSORY USE to the main permitted USE on the LOT with the exception of an extractive industrial USE; ii) such open storage complies with the REQUIRED YARDS of the applicable zone; iii) any portion of a LOT used for such open storage is screened from adjacent residential USES and STREETS adjoining the LOT, by BUILDINGS or a LANDSCAPED BUFFER.
c.
LANDSCAPED BUFFER Where any Industrial Zone (M) abuts a Residential Zone, 10 feet of the REQUIRED YARD SETBACK abutting that zone shall be planted and maintained as a LANDSCAPED BUFFER.
d.
OBNOXIOUS USE An OBNOXIOUS USE is not permitted.
e.
SERVICING RESTRICTION In the absence of a SEWER SERVICE the permitted USES are restricted to those industries, which use water only for the personal use of the employees and not in connection with any MANUFACTURING, processing, assembling or fabricating process.
f.
GATEHOUSE Despite the REQUIRED YARD of this By-law, a gatehouse is permitted within a YARD adjacent to the STREET.
g.
INDUSTRIAL USE An industrial USE may include retail sales provided it is an ACCESSORY USE to the main USE and provided that the retail sales area does not exceed 15% of the industrial floor area.
h.
PARKING For Parking and Loading Area Requirements see General Provision 7.25 and 7.26.
39
SECTION V RURAL ZONE PROVISIONS
5.1
5.2
5.3
RURAL ZONES (Ru)……………………….……….……………………………………………... (Ru1, Ru2, Ru3, Ru4, RuR, RuRH, RuER, RuSP, RuSA)
41
5.1.1 Permitted Uses……………………………………………………………………………..
41
5.1.2 Zone Requirements………………………………………………………………………..
41
5.1.3 Special Provisions: Rural (Ru1, Ru2, Ru3)…………………………………………….
43
Rural Commercial Zones (RuC)………………………………………………………………….. (RuC1, RuC2, RuC2B, RuC3, RuC4, RuC5)
45
5.2.1 Permitted Uses……………………………………………………………………………..
45
5.2.2 Zone Requirements………………………………………………………………………..
46
5.2.3 Special Provisions: Rural Commercial (RuC1)………………………………………...
47
5.2.4 Special Provisions: Commercial Backlot (RuC2B).…………………………………...
47
5.2.5 Special Provisions: Rural Tent and Trailer (RuC3)………………………………….…
48
5.2.6 Special Provisions: Rural Private Camp (RuC4)………………………………….….
48
RURAL INDUSTRIAL ZONES (RuM)………………………………………………………….. (RuM1, RuM2, RuM3, RuM4) 5.3.1 Permitted Uses……………………………………………………………………………..
49 49
5.3.2 Zone Requirements………………………………………………………………………..
49
MISCELLANEOUS ZONES (See Section VI, Page 51)………………………………………………
51
6.1
Waterbody Open Space (WOS) (Lands under water)………………………………….
52
6.2
Open Space (OS1, OS2, OS3, OS4)…………………………………………………….
53
6.3
Environmental Protection (EP1, EP2)……………………………………………………
57
6.4
General Restricted (GR)…………………………………………………………………..
59
6.5
Institutional (I)………………………………………………………………………………
60
40
SECTION V RURAL ZONES 5.1
RURAL ZONES (Ru) (Ru1, Ru2, Ru3, Ru4, RuR, RuRH, RuER, RuSp, RuSA)
Amended By 2002-102
5.1.1
Permitted Uses No person shall with any Rural Zone USE any LOT or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE for any purpose except in accordance with the following applicable zones:
Rural (Ru1)
Rural (Ru2)
Rural Agriculture (Ru3)
Rural Land Extensive (Ru4)
Rural Residential (RuR)
Rural Residential Hamlet (RuRH)
Rural Estate Residential (RuER)
Rural Special (RuSp)
Rural Scenic Area (RuSA)
AGRICULTURAL USES
X
X
X
X
---
---
---
---
---
BED & BREAKFAST
X
X
X
X
X
X
X
X
---
CONSERVATION
X
X
X
X
X
X
X
X
X
RESIDENTIAL – DWELLING UNIT *
X
X
X
X
X
X
X
X
---
FARM
X
X
X
X
---
---
---
---
---
FORESTRY OPERATION
X
X
X
X
---
---
---
---
---
HOME OCCUPATION
X
X
X
X
X
X
X
X
---
HOME INDUSTRY
X
X
X
X
X
X
---
X
---
KENNEL
X
X
X
X
---
---
---
---
---
OPEN SPACE RECREATION
X
X
X
X
X
X
X
X
X
PRIVATE RUNWAY
---
---
---
X
---
---
---
---
---
SPECIALIZED FARM USE
--
--
--
X
--
--
--
--
--
TENT & TRAILER PARK
--
--
--
--
--
--
--
X
--
TOURIST RESORT
--
--
--
--
--
--
--
X
--
WAYSIDE PIT OR WAYSIDE QUARRY
X
X
--
X
--
--
--
--
--
PERMITTED USES
*
Amended By 2001-201
Amended By 89-110, 2002102
5.1.2
X indicates uses permitted in applicable zone
Zone Requirements No person shall within any Rural Zone USE any LOT or ERECT, locate, ALTER, or USE any BUILDING or STRUCTURE except in accordance with the following requirements and the applicable Special Provisions:
41
SECTION V RURAL ZONES a.
Amended By By-law 2002102 Zone
LOT AND SITE REQUIREMENTS:
Lot Requirements
Minimum Yard Requirements
Maximum Height
Minimum Dwelling Main Accessory Ground Floor Building Building Area
Symbol
Minimum Frontage
Minimum Area
Maximum Coverage
Front
Interior Side
Exterior Side
Rear
Rural (Area 3)
Ru1
600 ft (1)
10 ac (1)
2%
50 ft
20 ft
50 ft
20 ft
35 ft
20 ft
750 sq. ft
Rural (Area 2)
Ru2
325 ft (1)
2.5 ac (1)
5%
50 ft
20 ft
50 ft
20 ft
35 ft
20 ft
750 sq. ft
Rural Agriculture
Ru3
325 ft (2)
2.5 ac (2)
5%
50 ft
20 ft
50 ft
20 ft
35 ft
20 ft
750 sq. ft
Rural Land Extensive
Ru4
660 ft
75 ac
1%
50 ft
100 ft
50 ft
100 ft
35 ft
20 ft
750 sq. ft
Rural Residential
RuR
325 ft
2.5 ac
5%
50 ft
20 ft
50 ft
20 ft
35 ft
20 ft
750 sq. ft
Rural Residential Hamlet
RuRH
200 ft
1.25 ac
10%
50 ft
20 ft
50 ft
20 ft
35 ft
20 ft
750 sq. ft
Rural Estate Residential
RuER
250 ft (3)
2 ac (3)
10%
35 ft
20 ft
50 ft
20 ft
35 ft
20 ft
750 sq. ft
Rural Special
RuSp
325 ft (4)
2.5 ac (4)
10%
50 ft
20 ft
50 ft
20 ft
35 ft
20 ft
750 sq. ft
Scenic Area
RuSA
600 ft
10 ac
2%
100 ft
100 ft
100 ft
100 ft
30 ft
20 ft
750 sq. ft
–S
---
---
---
100 ft
---
---
---
---
---
---
Title
Scenic Corridor
2002-102
(1)
The number of lots created by consent is limited to one additional lot per existing lot as of October 13th, 1992. In the case of a LOT zoned Rural (Ru2), a total of three (3) lots may be created per original 100 acre lot.
2002-102, Amended By 2006-126
(2)
One lot for residential purposes may be created for a minimum of each 50 acres zoned Rural-Agricultural (Ru3). The minimum lot frontage and area in such cases shall be 325 feet and 2.5 acres.
2002-102
(3)
For land zoned Rural Estate Residential (RuER), the gross density shall not exceed 25 lots per 100 acres. The maximum Lot Area shall be 10 acres.
(4)
For a TOURIST RESORT or TENT and TRAILER PARK the minimum lot sizes shall be as follow: Lot Frontage Lot Area
300 feet 10 acres
2002-102
(5)
The inclusion of a “-S” suffix to a zone symbol indicates that the area is a Scenic Corridor. The zoning provisions of the prefix apply to this area except the front yard setback.
2002-102
(6)
With the exception of Lot 4, Concession 5 and 6, and Lot 12, Concession A, in the former Township of Watt, for LOTS fronting onto a District Road the minimum LOT FRONTAGES shall be as follows: a)
Class ‘A’ Roads: 500 feet (District Roads 3, 4, 7, 13, 24, 25, 29, 35, 38, 118, and 169)
b)
Class ‘B’ Roads: 440 feet (District Roads 26, 27, 28, 30, and 47)
42
SECTION V RURAL ZONES 2006-126
(7)
5.1.3 Amended By 2006-126
The FRONT YARD SETBACK for each BUILDING and STRUCTURE which existed prior to December 18, 2006, which is considered legal and NONCOMPLYING due to an encroachment into the required 100-foot FRONT YARD SETBACK, shall be the existing SETBACK or a minimum of 50 feet from the FRONT LOT LINE, whichever is greater for each BUILDING or STRUCTURE. Any new BUILDING or STRUCTURE shall comply with the requirements of the table to which this is a footnote. SPECIFIC ZONE REQUIREMENTS - RURAL Special Provisions: Rural (Ru1, Ru2, Ru3, RuR) The following Specific requirements are applicable in these zones:
Amended By 89-110, 2002102, 2003-77
a.
LOTS zoned Rural (Ru1, Ru2, Ru3, RuR) which qualify as a LOT OF RECORD under Section 7.3 of Comprehensive Zoning By-law 87-87 are subject to the following:
Amended By 89-110, 2002102, 2003-77
i) KENNELS are not a permitted USE on LOTS with a LOT AREA less than ten (10) acres;
Amended By 89-110, 2002102
ii) the maximum LOT COVERAGE for a LOT with an area of one (1) acre or less shall be 10%; and,
2002-102
iii) where KENNELS are a permitted use, any enclosed area, STRUCTURE or BUILDING used as a KENNEL must be a minimum of 100 feet from any LOT LINE.
b. Amended By 89-110, 2002102
Special Provisions Specialized Farm Uses
SPECIALIZED FARM USES are permitted in a Rural Land Extensive Zone (Ru4) subject to the following:
Amended By 89-110
i)
Minimum separation distance to a DWELLING UNIT located on a LOT under separate ownership – 1000 feet.
Amended By 89-110
ii)
Minimum SETBACK from a STREET – 300 feet.
Amended By 89-110
iii) Minimum SETBACK from WATERCOURSE – 100 feet.
Amended By 89-110
iv) Minimum separation from a Residential Zone – 1000 feet.
Amended By 89-110
v) Minimum Separation fro any remaining LOT LINE – 200 feet. c.
Amended By 89-110, 2002102
Special Provisions: Private Runway
A PRIVATE RUNWAY is permitted in a Rural Land Extensive Zone (Ru4) subject to the following:
43
SECTION V RURAL ZONES Amended By 89-110
i)
This section does not regulate any matters under exclusive jurisdiction of the Government of Canada.
Amended By 89-110
ii)
A PRIVATE RUNWAY may be used on a LOT zoned Rural (Ru4) provided the following requirements are met:
Amended By 89-110
a) Minimum separation of 300 feet between the PRIVATE RUNWAY and any LOT LINE; and,
Amended By 89-110
b) Minimum separation of 750 feet between the PRIVATE RUNWAY and any Residential Zone. d.
95-95, Amended By 98-98
Special Provisions: Kennels
Where KENNELS are a permitted USE, any enclosed area, STRUCTURE or BUILDING used as a KENNEL must be a minimum of 100 feet from any LOT LINE.
44
SECTION V RURAL COMMERCIAL ZONES 5.2
Rural Commercial (RuC) (RuC1, RuC2, RuC2B, RuC3, RuC4, RuC5) 5.2.1
Amended by 2002-102
Permitted Uses No person shall, in any Rural Commercial Zone USE any LOT or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE for any purpose except in accordance with the following applicable zones:
PERMITTED USES
RURAL (RuC1)
RESORT (RuC2)
RESORT BACKLOT (RuC2B)
TENT & TRAILER (RuC3)
PRIVATE CAMPS (RuC4)
LAND EXTENSIVE (RuC5)
AUTOMOBILE SALES ESTABLISHMENT
--
--
--
--
--
X
AUTOMOBILE SERVICE STATION
X
--
--
--
--
--
BUILDING SUPPLY YARD
--
--
--
--
--
X
CONTRACTOR’S YARD *
--
--
--
--
--
X
CONVENIENCE STORE
X
--
--
--
--
--
GAS BAR
X
--
--
--
--
--
HOTEL
--
X
--
--
--
--
KENNEL
--
--
--
--
--
X
LANDSCAPING CENTRE
--
--
--
--
--
X
MARINA
X
--
--
--
--
--
MOTEL
--
X
--
--
--
--
PRIVATE CAMP
--
--
--
--
X
--
PRIVATE CLUB
X
--
--
--
--
X
RECREATIONAL ESTABLISHMENT
--
--
--
--
--
X
RECREATIONAL VEHICLE AND EQUIPMENT CENTRE
--
--
--
--
--
X
RESTAURANT
X
X
--
--
--
--
RIDING STABLE
--
--
--
--
--
X
TENT AND TRAILER PARK
--
--
--
X
--
--
TOURIST RESORT
--
X
--
--
--
--
VETERINARY CLINIC
--
--
--
--
--
X
*
89-110
X indicates uses permitted in applicable zone
45
SECTION V RURAL COMMERCIAL ZONES Amended by 2002-102 ACCESSORY USES CONVENIENCE STORE RESIDENTIAL – DWELLING UNIT ** GAS BAR GOLF COURSE * OFFICE OPEN SPACE RECREATION PARKING AREAS PARKING SPACES PERSONAL SERVICE SHOP RECREATIONAL ESTABLISHMENT RESTAURANT RETAIL STORE ROOFED RECREATION FACILITY SERVICE SHOP STAFF QUARTERS STORAGE FACILITIES TUCK SHOP WASTE TREATMENT FACILITY
* **
RURAL (RuC1)
RESORT (RuC2)
RESORT BACKLOT (RuC2B)
TENT & TRAILER (RuC3)
PRIVATE CAMPS (RuC4)
LAND EXTENSIVE (RuC5)
-X X -X -X X X -X X -X -----
X X -X X X X X X X X X X -X X -X
---X -X X X ----X -X X -X
X X --X X X X -X X -X --X -X
-X --X X X X ----X -X X X X
-X --X X X X ---X -X -X ---
98-98 Amended By 2001-201 5.2.2
X indicates uses permitted in applicable zone
Zone Requirements No person shall, in any Rural Commercial Zone USE any LOT, or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE except in accordance with the following requirements and the applicable Special Provisions: a.
Amended By 2002-102
LOT AND SITE REQUIREMENTS
ZONE
LOT REQUIREMENTS
MINIMUM YARD REQUIREMENTS
SYMBOL
MIN. FRONTAGE
MIN. AREA
MAX. COVERAGE
FRONT
INT. SIDE
EXT. SIDE
REAR
MAXIMUM HEIGHT
RURAL
RuC1
200 FT.
1 AC.
10 %
50 FT.
30 FT.
50 FT.
50 FT.
30 FEET
RESORT
RuC2
250 FT.
2 AC.
10 %
50 FT.
30 FT.
50 FT.
50 FT.
45 FEET
RESORT BACKLOT
RuC2B
--
10 AC.
1%
50 FT.
66 FT. (1)
50 FT.
50 FT.
45 FEET
TENT AND TRAILER
RuC3
300 FT.
10 AC.
10 %
50 FT.
100 FT.
50 FT.
50 FT.
30 FEET
PRIVATE CAMP
RuC4
300 FT.
5 AC.
10 %
50 FT.
100 FT.
50 FT.
50 FT.
30 FEET
LAND EXTENSIVE
RuC5
300 FT.
5 AC.
5%
50 FT.
100 FT.
50 FT.
50 FT.
30 FEET
TITLE
(1) See Provision 5.2.4.c.
46
SECTION V RURAL COMMERCIAL ZONES b.
DWELLING UNIT Where an ACCESSORY Residential USE is permitted if it is located in a non-residential BUILDING it shall conform with General Provision 7.17, DWELLING in a Non-Residential BUILDING.
c.
LANDSCAPED BUFFER Where any Rural Commercial Zone abuts any Residential Zone 10 feet of the REQUIRED YARD abutting that zone shall be planted and maintained as a LANDSCAPED BUFFER.
d.
PARKING AND LOADING For Parking and Loading Area requirements see General Provision 7.25 and 7.26.
Amended By 2002-102
5.2.3
Specific Zone Requirements – Rural Commercial Special Provisions: Rural Commercial (RuC1) The following specific requirements are applicable in this zone.
98-98
No OPEN STORAGE of goods or materials is permitted unless the following provisions are complied with:
98-98
a.
such OPEN STORAGE is an ACCESSORY USE to the main permitted USE on the LOT;
98-98
b.
such OPEN STORAGE complies with the REQUIRED YARDS of the applicable zone;
98-98
c.
any portion of a LOT used for such OPEN STORAGE is screened from adjacent residential USES and STREETS adjoining the LOT by BUILDINGS or a LANDSCAPED BUFFER.
Amended By 2002-102
5.2.4
Specific Zone Requirements – Commercial Backlot Special Provisions Commercial Backlot (RuC2B) The following specific requirements are applicable in this zone: a.
The maximum GROSS FLOOR AREA allowed for all permitted uses on a LOT in a RuC2B zone is limited to 1% of the LOT area zoned RuC2B zone to a maximum of 43,560 square feet.
b.
The interior SIDE YARD in a RuC2B zone, which abuts any zone other than a residential zone shall be 30 feet.
c.
No USES are permitted on a LOT zoned Resort Commercial Backlot (RuC2B) unless such LOT is part of a TOURIST RESORT, HOTEL or MOTEL, which also includes a LOT or a part of a LOT zoned Community Resort Commercial.
47
SECTION V RURAL COMMERCIAL ZONES Amended By 2001-102
5.2.5
Specific Zone Requirements – Rural Tent and Trailer Special Provisions: Rural Tent and Trailer Zone (RuC3) The following specific requirements are applicable in this zone: a.
No CAMPSITE may be located within 100 feet of any LOT LINE or HIGH WATER MARK
b.
Minimum area of each CAMPSITE – 2500 square feet
c.
HOUSEKEEPING UNITS and CABINS may be ERECTED and used only in accordance with the following requirements: i)
minimum LOT AREA, per CABIN located on the LOT – 5000 square feet;
ii)
maximum FLOOR AREA per CABIN – 1000 square feet;
iii) minimum LOT AREA per HOUSEKEEPING UNIT located on the LOT – 7500 square feet; iv) maximum FLOOR AREA per HOUSEKEEPING UNIT – 1200 square feet; v) total number of HOUSEKEEPING UNITS and CABINS on a LOT shall not exceed 10% of the number of developed CAMPSITES on the LOT. d. Amended By 2001-102
5.2.6
The total LOT size requirement is the sum of the requirements for each HOUSEKEEPING UNIT, CABIN and CAMPSITE on a LOT.
Specific Zone Requirements – Rural Private Camp Special Provisions: Rural Private Camp (RuC4) The following specific requirements are applicable in this zone: a.
No CAMPSITE may be located within 100 feet of any LOT LINE or HIGH WATER MARK.
b.
Minimum area of each CAMPSITE – 2500 square feet.
48
SECTION V RURAL INDUSTRIAL ZONES 5.3
RURAL INDUSTRIAL ZONE (RuM) (RuM1, RuM2, RuM3, RuM4)
Amended By 89-110, 2002102
5.3.1
Permitted Uses No person shall, in any of the Rural Industrial Zones, USE any LOT or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE for any purpose except in accordance with the following applicable zones:
PERMITTED USES
LIGHT (RuM1)
WASTE DISPOSAL (RuM2)
EXTRACTIVE (RuM3)
SALVAGE YARDS (RuM4)
---X X X ---X ---
----------X X --
-X ----X -----X
-------X ------
-X X
----
X X X
-X --
ABATTOIR AGRICULTURE BULK FUEL STORAGE CONTRACTOR’S YARD LIGHT INDUSTRY MARINA PIT OR QUARRY SALVAGE YARD SAW MILLS SERVICE SHOP WASTE DISPOSAL WASTE TREATMENT FACILITY WAYSIDE PIT OR QUARRY ACCESSORY USES CONTRACTOR’S YARD RESIDENTIAL – DWELLING UNIT RETAIL STORE
X indicates uses permitted in the applicable zone 5.3.2
Zone Requirements No person shall within any of the Rural Industrial Zones USE any LOT, or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE except in accordance with the following requirements and applicable Special Provisions: a.
Amended By 2002-102 ZONE
LOT AND SITE REQUIREMENTS: LOT REQUIREMENTS
MINIMUM YARD REQUIREMENTS
MIN. AREA
MAX. COVERAGE
MAXIMUM HEIGHT
TITLE
SYMBOL
MIN. FRONTAGE
LIGHT
RuM1
300 FT.
2 AC.
10 %
50 FT.
30 FT.
30 FT.
30 FT.
30 FEET
WASTE
RuM2
----
----
----
----
----
----
----
----
EXTRACTIVE
RuM3
----
----
10 %
66 FT.
66 FT.
66 FT.
66 FT.
30 FEET
SALVAGE
RuM4
300 FT.
2.5 AC.
----
66 FT.
66 FT.
66 FT.
66 FT.
30 FEET
FRONT
INT. SIDE
EXT. SIDE
REAR
49
SECTION V RURAL INDUSTRIAL ZONES Amended By 2002-102
b.
LANDSCAPED BUFFER Where any Rural Industrial Zone abuts any Residential Zone, 20 feet of the REQUIRED YARD abutting the zone shall be planted and maintained as a LANDSCAPED BUFFER.
Amended By 2002-102
c.
PARKING AND LOADING For Parking and Loading Area requirements see General Provision 7.25 and 7.26.
Amended By 2002-102
d.
OBNOXIOUS USE An OBNOXIOUS USE is not permitted.
Amended By 2002-102 Amended By 2002-102
e.
Amended By 2002-102
f.
GATEHOUSE A gatehouse shall be permitted in a REQUIRED FRONT or SIDE YARD adjacent to the STREET LINE. A gatehouse shall be a maximum of 100 square feet FLOOR AREA. OPEN STORAGE No open storage of goods or materials is permitted unless the following provision is complied with: i) any portion of a LOT used for open space storage must be screened from adjacent residential USES and STREETS adjoining the LOT by BUILDINGS or LANDSCAPED BUFFER.
Amended By 2002-102
g.
RETAIL SALES An industrial USE may include retail sales provided it is an ACCESSORY USE to the main USE and provided that the retail sales area does not exceed 15% of the industrial FLOOR AREA.
Amended By 2002-102
h.
RESTRICTED INDUSTRIES In the absence of a SEWER SERVICE the permitted USES are restricted to those industries, which use water only for the personal USE of the employees and not in connection with any MANUFACTURING, processing, assembling or fabricating process.
50
SECTION VI MISCELLANEOUS ZONE PROVISIONS
6.1
6.2
6.3
6.4
6.5
WATERBODY OPEN SPACE (WOS) (Lands Under Water)..………………………………...
52
6.1.1 Limitation…………………………………………………………………………………….
52
6.1.2 Permitted Uses.…………………………………………………………………………….
52
6.1.3 Zone Requirements.……………………………………………………………………….
52
OPEN SPACE (OS1, OS2, OS3, OS4)…………………………………………………………..
53
6.2.1 Permitted Uses……………………………………………………………………………..
53
6.2.2 Zone Requirements………………………………………………………………………..
53
6.2.3 Special Provisions: Open Space – Public and Private Lands…………………….…. (OS1, OS2, OS4)
54
6.2.4 Special Provisions: Open Space – Commercial (OS3)……………………………...
54
6.2.5 Special Provisions: Open Space – Private Islands (OS4)………………………….…
55
ENVIRONMENTAL PROTECTION (EP1, EP2)………………………………………………..
57
6.3.1 Permitted Uses……………………………………………………………………………..
57
6.3.2 Zone Requirements………………………………………………………………………..
57
6.3.3 Special Provisions: Environmental Protection (EP2)………………………………….
58
GENERAL RESTRICTED (GR)………………………………………………………………….
59
6.4.1 Permitted Uses…………………………………………………………………………….
59
6.4.2 Enlargement of Permitted Uses………………………………………………………….
59
6.4.3 Zone Requirements………………………………………………………………………..
59
INSTITUTIONAL (I)…………………………………………………………………………………
60
6.5.1 Permitted Uses……………………………………………………………………………..
60
6.5.2 Zone Requirements………………………………………………………………………..
60
51
SECTION VI MISCELLANEOUS: WATERBODY OPEN SPACE ZONES 6.1
WATERBODY OPEN SPACE (WOS): LANDS UNDER WATER 6.1.1 Limitation The provisions of this section of this By-law do not constitute regulation of navigation or shipping, which are within the exclusive jurisdiction of the Government of Canada. 6.1.2 Permitted Uses No person shall within the Waterbody Open Space (WOS) Zone USE any LOT or land covered by water, or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE for any purpose except for the following: a.
in the case of lands under water abutting LOTS zoned Residential and Commercial DOCKS or BOATHOUSES if they are an ACCESSORY USE to the permitted USES of the nearest abutting zone above the HIGH WATER MARK and subject to the provisions of the abutting zone; or
b.
in the case of lands under water abutting lands zoned Waterfront Landing (WL) or Marine Commercial (WC2, C2) The permitted USES of the nearest abuttng zone above the HIGH WATER MARK, excluding DWELLING UNITS and subject to the provisions of that zone for DOCKS and BOATHOUSES.
c.
in the case of lands abutting an Environmental Protection (EP1) zone or an Environmental Protection (EP2) zone The permitted USES set out in Section 6.3.1.
6.1.3 Zone Requirements No person shall within the Waterbody Open Space (WOS) Zone USE ant LOT or land covered by water, or ERECT, locate, ALTER, or USE any BUILDING or STRUCTURE except in accordance with the Zone and Specific Zone Requirements applicable to the nearest abutting zone above the HIGH WATER MARK.
52
SECTION VI MISCELLANEOUS: OPEN SPACE ZONES 6.2
OPEN SPACE ZONES (OS1, OS2, OS3, OS4) 6.2.1
Permitted Uses No person shall within any Open Space Zone (OS1, OS2, OS3, OS4) USE any LOT or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE or any purpose except in accordance with the following applicable zones:
Amended By 89-110
PUBLIC OPEN SPACE (OS1)
PRIVATE OPEN SPACE (OS2)
COMMERCIAL OPEN SPACE (OS3)
PRIVATE OPEN SPACE ISLANDS (OS4) *
AGRICULTURAL USES
X
X
X
---
CONSERVATION
X
X
X
X
FORESTRY OPERATION
X
X
---
---
GOLF COURSE **
---
---
X
---
HUNT CAMP
X
X
---
---
MUSEUM
X
---
---
---
OPEN SPACE RECREATION
X
X
X
X
PRIVATE CLUB
---
---
X
---
PRIVATE PARK
---
---
X
---
WAYSIDE PIT OR QUARRY
X
X
X
---
PERMITTED USES ***
* ** ***
Amended By 97-46 98-98 Amended By 2001-201 6.2.2
X indicates uses permitted in applicable zone
Zone Requirements No person shall within any Open Space Zone (OS1, OS2, OS3, OS4) USE any LOT or ERECT, locate ALTER or USE any BUILDING or STRUCTURE except in accordance with the following requirements and applicable Special Provisions:
Amended By 89-110
a. ZONE
LOT AND SITE REQUIREMENTS: LOT REQUIREMENTS
MINIMUM YARD REQUIREMENTS
SYMBOL
MIN. FRONTAGE
MIN. AREA
MAX. COVERAGE
FRONT
INT.SIDE
EXT. SIDE
REAR
MAXIMUM HEIGHT
OPEN SPACE PUBLIC
OS1
---
---
---
---
---
---
---
---
OPEN SPACE PRIVATE
OS2
---
---
5%
20 FT.
10 FT.
25 FT.
10 FT.
15 FEET
OPEN SPACE COMMERCIAL (OS3)
OS3
660 FT.
25 AC.
5%
66 FT.
30 FT.
66 FT.
30 FT.
40 FEET
OPEN SPACE ISLAND *
OS4
100 FT.
15,000 SQ.FT.
---
35 FT.
---
---
---
15 FEET
TITLE
*
Amended By 97-46
53
SECTION VI MISCELLANEOUS: OPEN SPACE ZONES 6.2.3
Specific Zone Requirements – Open Space Public and Private Lands Special Provisions: Open Space Public and Private Lands (OS1, OS2) The following specific requirements are applicable in these zones:
Amended By 95-95
a.
A BUILDING may be ERECTED if it is an ACCESSORY USE to a permitted USE or a USE, which existed at the time of the passing of this By-law and does not exceed a FLOOR AREA of 250 square feet.
b.
A DOCK may be located in a Waterbody Open Space (WOS) Zone where it abuts an Open Space (OS1, OS2) Zone or in an Open Space (OS1, OS2) Zone provided it is subject to the following: i) no part of any DOCK shall extend beyond 66 feet from the HIGH WATER MARK; ii) no part of any DOCK shall be ERECTED within 15 feet of the SIDE or REAR LOT LINE of any 100 foot STRAIGHT LINE PROJECTION thereof from the HIGH WATER MARK; and,
Amended By 2001-201
iii) the DOCK is permitted to extend from or to be located in the FRONT YARD of a LOT. iv)the total CUMULATIVE WIDTH of DOCKS on a LOT shall not exceed 15% of LOT FRONTAGE or 45 feet, whichever is lesser.
2006-126 Amended By 95-95
c.
A HUNT CAMP may be ERECTED and used only in accordance with the following: i)
2003-77
d. 6.2.4
Maximum GROSS FLOOR AREA – 1000 square feet
A DWELLING UNIT is not permitted.
Specific Zone Requirements – Open Space Commercial Special Provisions: Open Space Commercial (OS3) The following specific requirements are applicable in this zone:
a.
Where a BUILDING is ERECTED or ALTERED within 50 feet of a Residential LOT, 10 feet of the REQUIRED YARD, abutting the residential LOT shall be planted and maintained as a LANDSCAPED BUFFER.
b.
A DWELLING UNIT is permitted if it is an ACCESSORY USE to the main USE on the LOT and if it is located in a non-residential BUILDING shall conform with General Provision 7.17, DWELLING in a NonResidential BUILDING.
c.
A BOATHOUSE may be located in a Waterbody Open Space Zone (WOS) where it abuts an Open Space (OS3) or in an Open Space Zone (OS3), provided it is an ACCESSORY USE to the main permitted USE, and is subject to the following:
54
SECTION VI MISCELLANEOUS: OPEN SPACE ZONES i) in the case of a BOATHOUSE a) no part of any BOATHOUSE shall extend beyond 50 feet from the HIGH WATER MARK; b) the total CUMULATIVE BOATHOUSE WIDTH on a LOT shall not exceed 25 percent of the LOT FRONTAGE or 25 feet whichever is greater, and the BOATHOUSE WIDTH of any individual BOATHOUSE shall not exceed 75 feet;
Amended By 89-110
c) the BOATHOUSE shall not exceed a HEIGHT of 25 feet; d) no part of any BOATHOSUE shall be ERECTED within 30 feet of the SIDE or REAR LOT LINE or any 100-foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK;
Amended By 2001-201
e) the BOATHOUSE is permitted to extend into or to be located in the FRONT YARD of a LOT; and f)
d.
the BOATHOUSE shall only be used for the storage and servicing of boats and marine related equipment.
A DOCK may be located in a Waterbody Open Space (WOS) Zone where it abuts an Open Space (OS3) Zone or in an Open Space (OS3) Zone subject to the following: i) in the case of a DOCK a) no part of any DOCK shall extend beyond 80 feet from the HIGH WATER MARK; b) no part of any DOCK shall be ERECTED within 30 feet of the SIDE or REAR LOT LINE or any 100-foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK; and,
Amended By 2001-201
c) the DOCK is permitted to extend from or to be located in the FRONT YARD of a LOT.
e. 6.2.5
See General Provisions 7.25 and 7.26 for Parking and Loading Requirements.
Specific Zone Requirements – Open Space Private Islands Special Provisions: Open Space Private Islands (OS4) The following specific requirements are applicable in this zone:
97-46
a.
A PICNIC SHELTER may be erected provided it does ot exceed a FLOOR AREA of 250 square feet.
97-46
b.
A PICNIC SHELTER shall only be single storey with a maximum HEIGHT of 15 feet.
97-46
c.
In the case of a PICNIC SHELTER with a flat roof, the roof cannot be used as a SUNDECK, for lounging, or for picnicking.
55
SECTION VI MISCELLANEOUS: OPEN SPACE ZONES 97-46
d.
One DOCK may be constructed parallel to the shoreline, which abuts the shoreline for its whole width, covering no more than 30 feet of the LOT FRONTAGE and may project no more than 6 feet from the HIGH WATER MARK, OR One DOCK may be constructed, other than parallel to and abutting the shoreline along its whole width, projecting no more than 30 feet from the HIGH WATER MARK and be no more than 6 feet in width.
56
SECTION IV MISCELLANEOUS: ENVIRONMENTAL PROTECTION ZONES 6.3
ENVIRONMENTAL PROTECTION ZONE (EP1, EP2) 6.3.1
Permitted Uses No person shall within the Environmental Protection Zone (EP1, EP2) USE any LOT or ERECT, locate, ALTER, or USE any BUILDING or STRUCTURE for any purpose except in accordance with the following:
a.
All STRUCTURES, BUILDINGS and facilities necessary in conjunction with: i)
the production of cranberries excluding BUILDINGS and STRUCTURES;
ii)
flood control;
iii) erosion control; and iv) provision of pedestrian access and other similar activities.
b.
6.3.2
DOCKS and BOATHOUSES if it is an ACCESSORY USE to the main USE on the LOT or associated with a WATERFRONT LANDING or MARINA.
Zone Requirements No person shall within the Environmental Protection Zone (EP1, EP2) USE any LOT, or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE except in accordance with the following:
a.
STRUCTURES OVER WATER i)
in the case of BOATHOUSES a)
no part of any BOATHOUSE shall extend beyond 50 feet from the HIGH WATER MARK;
b)
the total BOATHOUSE WIDTH shall not exceed 25 percent of LOT FRONTAGE or 50 feet whichever is greater, excluding BOATHOUSES associated with a MARINA;
c)
the BOATHOUSE does not exceed 25 feet in HEIGHT;
d)
the BOATHOUSE is permitted to extend from or to be located in the FRONT YARD of a LOT;
e)
the BOATHOUSE shall only be used for the storage and servicing of boats and marine related equipment; and,
57
SECTION VI MISCELLANEOUS: ENVIRONMENTAL PROTECTION ZONES
ii)
f)
when the BOATHOUSE is associated with a commercial use, no part of any BOATHOSUE shall be ERECTED within 15 feet of the SIDE or REAR LOT LINE or any 50 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK; or,
g)
when the BOATHOUSE is an ACCESSORY USE to a residential USE, no part of any single STOREY BOATHOUSE shall be ERECTED within 15 feet of the SIDE or REAR LOT LINE or any 50 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK.
h)
when the BOATHOUSE is an ACCESSORY USE to a residential USE no part of any two STOREY BOATHOUSE shall be ERECTED within 30 feet of the SIDE or REAR LOT LINE or any 50 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK.
in the case of DOCKS associated with an existing commercial USE a)
no part of any DOCK shall extend beyond 80 feet from the HIGH WATER MARK; and;
b)
no part of any DOCK shall be ERECTED within 30 feet of the SIDE or REAR LOT LINE or any 80 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK.
iii) in the case of DOCKS accessory to a residential USE
6.3.3
a)
no part of any DOCK shall extend beyond 66 feet from the HIGH WATER MARK; and,
b)
no part of any DOCK shall be ERECTED within 15 feet of the SIDE or REAR LOT LINE or any 66 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK.
Specific Zone Requirements Special Provisions: Environmental Protection (EP2) The following specific requirements are applicable in this zone:
a.
No BUILDING or STRUCTURE except those listed in Section 6.3.1 shall be ERECTED within 100 feet of an Environmental Protection (EP2) Zone.
58
SECTION VI MISCELLANEOUS: GENERAL RESTRICTED ZONES 6.4
GENERAL RESTRICTED ZONE (GR) 6.4.1
Permitted Uses No person shall within a General Restricted (GR) Zone USE any LOT except for those USES, which existed on the date this By-law was passed.
6.4.2
Enlargement of Permitted Uses Nothing in this By-law prevents the enlargement or alteration of an existing BUILDING or STRUCTURE in a GR Zone or the ERECTION of any BUILDING or STRUCTURE ACCESSORY to the USE of the LOT in a GR Zone provided that the USE of the LOT does not change and the enlargement or ERECTION conforms with the zone requirements for the General Restricted (GR) Zone.
6.4.3
Zone Requirements No person shall within the General Restricted (GR) Zone USE any LOT or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE except in accordance wit the following requirements:
a.
ZONE
LOT AND SITE REQUIREMENTS
LOT REQUIREMENTS
MINIMUM YARD REQUIREMENTS
MAXIMUM HEIGHT
TITLE
SYMBOL
MIN. FRONTAGE
MIN. AREA
MAX. COVERAGE
FRONT
INT. SIDE
EXT. SIDE
REAR
MAIN BUILDING
ACC. BUILDING
GENERAL RESTRICTED
GR
200 FT.
1 AC.
20 %
50 FT.
30 FT.
50 FT.
50 FT.
30 FT.
20 FT.
59
SECTION VI MISCELLANEOUS: INSTITUTIONAL ZONES 6.5
INSTITUTIONAL ZONE (I) 6.5.1
Permitted Uses No person shall within the Institutional Zone (I) USE any LOT or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE for any purpose except in accordance with the following:
Amended By 95-95
2003-77
2001-201 6.5.2
a.
PUBLIC USE;
b.
NURSING HOME, Retirement Home or Home for the Aged;
c.
Arena, Curling Club, SERVICE CLUB;
d.
CHURCH;
e.
PLACE OF WORSHIP
f.
Educational Institutions;
g.
NURSERY SCHOOL; and,
h.
RESIDENTIAL USE (In the form of a DWELLING) as ACCESSORY to any permitted USE listed above.
Zone Requirements No person shall within the Institutional Zone (I) USE any LOT, or ERECT, locate, ALTER or USE any BUILDING or STRUCTURE except in accordance with the following requirements of the applicable zones:
a. ZONE TITLE INSTITUTIONAL
*
LOT AND SITE REQUIREMENTS: LOT REQUIREMENTS
MINIMUM YARD REQUIREMENTS
SYMBOL
MIN. FRONTAGE
MIN. AREA
MAX. COVERAGE
FRONT
I
200 FT.
1 AC.
30 %
25 FT.
INT.SIDE
EXT. SIDE
REAR
15 FT.
25 FT.
15 FT.
MAXIMUM HEIGHT
40 FEET *
Amended By 95-95
b.
COMMUNITY LOT REQUIREMENTS Despite the provisions of Paragraph a. where an Institutional USE exists in a Community the following shall apply: LOT FRONTAGE
LOT AREA
Sewer and Water
66 ft
0.25 ac.
Sewer or Water
100 ft
0.5 ac.
Private Service
150 ft
1.0 ac.
60
SECTION VI MISCELLANEOUS: INSTITUTIONAL ZONES
c.
PARKING AND LOADING For Parking and Loading requirements see General Provision 7.25 and 7.26.
d.
STRUCTURES OVER WATER A BOATHOUSE and DOCK may be located in a Waterbody Open Space (WOS) Zone where it abuts an Institutional (I) Zone or in an Institutional Zone (I), provided it is an ACCESSORY USE to the main permitted USE and is subject to the following: i)
ii)
in the case of a DOCK a)
no part of any DOCK shall extend beyond 80 feet from the HIGH WATER MARK;
b)
no part of any DOCK shall be ERECTED within 30 feet of the SIDE or REAR LOT LINE or any 80 foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK; and,
c)
the DOCK is permitted to extend from or to be located in the FRONT YARD of a LOT.
in the case of a BOATHOUSE a)
no part of any BOATHOUSE shall extend beyond 50 feet from the HIGH WATER MARK;
b)
the total BOATHOUSE WIDTH shall not exceed 25 percent of the LOT FRONTAGE or 50 feet whichever is greater;
c)
the BOATHOUSE shall not exceed a HEIGHT of 25 feet;
d)
no part of any BOATHOUSE shall be ERECTED within 30 feet of the SIDE or REAR LOT LINE or any 50-foot STRAIGHT LINE PROJECTION thereof, from the HIGH WATER MARK;
e)
the BOATHOUSE is permitted to extend from or to be located in the FRONT YARD of a LOT; and,
f)
the BOATHOUSE shall only be used for the storage and servicing of boats and marine related equipment.
61
SECTION VII GENERAL PROVISIONS 7.1
APPLICATION AND SCOPE ………………………………………………………………………..
65
7.2
NON-CONFORMING USES………………………………………………………………………….
65
7.2.1
Existing Uses, Buildings And Structures…………………………………………………
65
7.2.2
Permitted Exterior Extension……………………………………………………………….
65
7.2.3
Permitted Interior Alteration………………………………………………………………..
65
7.2.4
Restoration to a Safe Condition……………………………………………………………
65
7.2.5
Reconstruction of Damaged Existing Non-Conforming Buildings or Structures……...
65
NON-COMPLYING BUILDINGS AND STRUCTURES…………………………………………….
66
7.2.A.1
Application…………………………………………………………………………………...
66
7.2.A.2
Permitted Exterior Extension on an Undersized Lot……………………………………...
66
7.2.A.3
Permitted Exterior Extension Where Structure Within Required Yards………………...
66
7.2.A.4
Permitted Second Storey Additions………………………………………………………...
66
7.2.A.5
Restoration to a Safe Condition…………………………………………………………….
67
7.2.A.6
Reconstruction of Damaged Existing Non-Conforming Buildings or Structures……...
67
7.2.A.7
Permitted Interior Alteration…………………………………………………………………
67
7.2.A.8
Increase In Volume…………………………………………………………………………..
67
7.2.A.9
Additions to Shoreline Structures Exceeding Maximum CUMULATIVE WIDTH……...
67
LOTS OF RECORD……………………………………………………………………………………..
68
7.3.1
Existing Undersized Lots of Record………………………………………………………..
68
7.3.2
Enlargement of Existing Lots………………………………………………………………..
68
ACCESSORY BUILDINGS AND STRUCTURES……………………………………………………
68
7.4.1
Construction Sequence……………………………………………………………………...
68
7.4.2
Use of Accessory Buildings…………………………………………………………………
69
7.4.3
Location, Size, Height………………………………………………………………………..
69
7.4.4
Temporary Accessory Buildings and Structures………………………………………….
69
7.4.5
Gazebo………………………………………………………………………………………...
69
7.2.A
7.3
7.4
SECTION VII GENERAL PROVISIONS
62
7.4.A
BUILDING INTERIOR DESIGN………………………………………………………………………..
69
7.5
FRONTAGE ON PUBLIC STREET OR NAVIGABLE WATERWAY………………………………
70
7.5.1
General Frontage Requirement…………………………………………………………….
70
7.5.2
Frontage in a Community……………………………………………………………………
70
7.5.3
Exemption to Frontage Requirement………………………………………………………
70
7.6
FRONTAGE ON AN ORIGINAL SHORE ROAD ALLOWANCE…………………………………...
71
7.6.A
REDUCTION OF LOT AREA…………………………………………………………………………..
71
7.7
GREATER RESTRICTIONS……………………………………………………………………………
71
7.8
HEIGHT EXCEPTIONS…………………………………………………………………………………
71
7.9
PROHIBITED HABITATION……………………………………………………………………………
71
7.10
HOME INDUSTRY………………………………………………………………………………………
72
7.11
HOME OCCUPATION…………………………………………………………………………………..
72
7.12
RIGHT-OF-WAY/LANE AS A YARD…………………………………………………………………..
73
7.13
CHANGE IN USE………………………………………………………………………………………..
73
7.14
ABANDONED EQUIPMENT AND MOTOR VEHICLES WITHOUT CURRENT LICENSE PLATES…………………………………………………………………………………………………..
73
7.15
AUTOMOBILE SERVICE STATIONS…………………………………………………………………
73
7.16
LANDSCAPED BUFFERS……………………………………………………………………………...
74
7.16.1
Non-Conforming Uses……………………………………………………………………….
74
7.16.2
Addition………………………………………………………………………………………..
74
7.17
DWELLING UNIT IN A NON-RESIDENTIAL BUILDING……………………………………………
74
7.18
REDUCTION OF REQUIREMENTS…………………………………………………………………..
74
7.19
SIGHT TRIANGLE………………………………………………………………………………………
74
7.20
SIGNS…………………………………………………………………………………………………….
74
7.21
SETBACK FROM STREET…………………………………………………………………………….
75
7.21.1
Setbacks on Township Streets…………………………………………………………….
75
7.21.2
Setbacks on Provincial Highways…………………………………………………………..
75
7.21.3 Setbacks from High Water Mark…………………………………………………………… SECTION VII GENERAL PROVISIONS
75
7.22
YARD ENCROACHMENTS…………………………………………………………………………….
75
63
7.23
7.24
RECREATIONAL VEHICLES………………………………………………………………………….
75
7.23.1
Storage or Sale……………………………………………………………………………….
75
7.23.2
Temporary Use……………………………………………………………………………….
76
MOBILE HOMES AND MOBILE UNITS………………………………………………………………
76
7.24.1
Permanent Uses……………………………………………………………………………..
76
7.24.2
Temporary Uses…………………………………………………………………………….
76
7.25
PARKING………………………………………………………………………………………………...
76
7.26
LOADING AREAS………………………………………………………………………………………
80
7.27
MORE THAN ONE ZONE ON A LOT………………………………………………………………..
81
7.28
ONE DWELLING / ONE LOT………………………………………………………………………….
81
7.28A
MAXIMUM HABITABLE FLOOR AREA FOR A DWELLING………………………………………
81
7.28.B
MAXIMUM HABITABLE FLOOR AREA FOR A DWELLING……………………………………..
81
7.29
BUILDABLE AREA……………………………………………………………………………………..
81
7.30
GROUP HOMES………………………………………………………………………………………..
81
7.31
CALCULATING GROSS FLOOR AREA……………………………………………………………..
81
7.32
COMMERCIAL OPERATIONS ON MORE THAN ONE LOT………………………………………
81
7.33
EXEMPTIONS TO THE BY-LAW……………………………………………………………………..
82
7.34
LOTS OF TWO OR MORE LAND PARCELS……………………………………………………….
82
7.35
TRANSITIONAL PROVISION…………………………………………………………………………
82
7.36
COTTAGE INDUSTRY…………………………………………………………………………………
82
7.37
SERVICES IN COMMUNITIES……………………………………………………………………….
83
7.38
ILLEGAL STRUCTURES CONSTRUCTED PRIOR TO PASSAGE OF BY-LAW……………….
83
7.39
LANDS ADJACENT TO LAND ZONED RURAL INDUSTRIAL (RuM3)…………………………..
83
64
SECTION VII GENERAL PROVISIONS 7.1
APPLICATION AND SCOPE Nothing in this By-law affects the ERECTION, ALTERATION or USE of any BUILDING or STRUCTURE or the USE of any LOT by a PUBLIC AUTHORITY for a PUBLIC USE, other than as a GROUP HOME.
7.2
NON CONFORMING USES
Amended By 95-95
7.2.1
Existing USES, BUILDINGS and STRUCTURES The provisions of this By-law shall not apply to prevent the USE of any existing LOT, BUILDING or STRUCTURE for any purpose prohibited in this By-law if such existing LOT, BUILDING or STRUCTURE was lawfully used for such purposes, on the date this By-law was passed and continues to be used for that purpose.
Amended By 89-110, 95-95
7.2.2
Permitted Exterior Extension The exterior of any BUILDING or STRUCTURE which was lawfully used prior to the passage of this By-law for a USE not permitted within the zone in which it is located, shall not be enlarged, extended, reconstructed or otherwise structurally ALTERED, unless such BUILDING or STRUCTURE is thereafter to be used for a USE permitted within such zone, and complies with all requirements of this Bylaw for such zone.
Amended By 95-95
7.2.3
Permitted Interior Alteration The interior of any BUILDING or STRUCTURE which was lawfully used for a USE not permitted in the zone in which it is located, may be reconstructed or structurally ALTERED, in order to render the same more convenient or commodious for the existing purpose for which such BUILDING or STRUCTURE was lawfully used on the date this By-law was passed.
Amended By 95-95
7.2.4
Restoration To a Safe Condition Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any existing, BUILDING or STRUCTURE or part thereof used for a NON-CONFORMING USE, provided that the strengthening or restoration does not increase the BUILDING HEIGHT, size or volume or change the existing lawful USE of such existing BUILDING or STRUCTURE.
Amended By 95-95
7.2.5
Reconstruction of Damaged Existing NON-CONFORMING BUILDINGS or STRUCTURES Nothing in this By-law shall prevent the repair, replacement or reconstruction of any BUILDING or STRUCTURE used for a NON-CONFORMING USE, which is damaged by causes beyond the control of the owner provided that:
Amended By 95-95, 98-98
a.
the BUILDING or STRUCTURE as repaired, replaced or reconstructed has the equivalent or reduced dimensions (and there is no increase in FLOOR AREA) as the damaged BUILDING or STRUCTURE;
65
SECTION VII GENERAL PROVISIONS Amended By 95-95
b.
the application for a building permit to reconstruct, repair or replace the BUILDING or STRUCTURE is submitted within one year of the date upon which the damaged BUILDING or STRUCTURE was damaged; and,
Amended By 95-95
c.
the reconstruction, repair or replacement of the BUILDING or STRUCTURE is commenced within two years of the date upon which the damaged BUILDING or STRUCTURE was damaged.
7.2.A 2001-201, Amended By 2003-77
NON COMPLYING BUILDINGS and STRUCTURES 7.2.A.1
Application
2001-201, Amended By 2003-77, 2006126
The extension or RECONSTRUCTION of a DWELLING UNIT or SLEEPING CABIN is not permitted on a LOT where:
2001-201
a.
only one (1) DWELLING UNIT is permitted and more than one (1) DWELLING UNIT exists, or,
2001-201
b.
only one (1) SLEEPING CABIN is permitted and more than one (1) SLEEPING CABIN exists, or,
2001-201
c.
a SLEEPING CABIN exists and there is more than one (1) DWELLING UNIT on the LOT.
95-95
7.2.A.2
Permitted Exterior Extension on an Undersized LOT A BUILDING or STRUCTURE which, on the date this By-law was passed, conformed with all provisions of this By-law but was located on a LOT which does not comply with the minimum FRONTAGE or AREA requirement for the Zone within which it is located, may be enlarged, extended, reconstructed or otherwise structurally ALTERED, if the BUILDING or STRUCTURE and USE will continue to comply with all other requirements of this By-law.
95-95
7.2.A.3
Permitted Exterior Extension Where STRUCTURE Within Required YARDS A BUILDING or STRUCTURE which, on the date this By-law was passed conformed with all provisions of this By-law except for the provisions establishing the minimum yard requirements for the zone within which it is located may be enlarged, extended, reconstructed or otherwise structurally ALTERED if the enlargement, extension, reconstruction or structural alteration complies with all of the requirements of this By-law.
2003-77
7.2.A.4
Permitted Second Storey Additions to STRUCTURES on a LOT where the maximum LOT COVERAGE is exceeded A BUILDING or STRUCTURE on a LOT, where the maximum LOT COVERAGE is already exceeded, may be added to, by way of a second STOREY, provided the cumulative FLOOR AREA of all second STOREYS does not exceed the amount of the maximum LOT COVERAGE.
66
SECTION VII GENERAL PROVISIONS 95-95, Amended By 2003-77
7.2.A.5
RESTORATION To Safe Condition Nothing in this By-law shall prevent the strengthening or RESTORATION to a safe condition of any BUILDING or STRUCTURE or part thereof, lawfully used on the date of passing of this By-law, provided that the strengthening or RESTORATION does not increase the BUILDING HEIGHT, size or volume or change the USE of such BUILDING or STRUCTURE.
95-95
7.2.A.6
Reconstruction of Damaged Existing NON-COMPLYING BUILDINGS or STRUCTURES
95-95
Nothing in this By-law shall prevent the repair, replacement or reconstruction of any lawful NON-COMPLYING BUILDING or STRUCTURE which is damaged by causes beyond the control of the owner (including fire) provided that:
95-95, Amended By 98-98, 2006-126
a.
the BUILDING or STRUCTURE as repaired, replaced or reconstructed is in the same location and has the equivalent or reduced dimensions (and there is no increase in FLOOR AREA) as the damaged BUILDING or STRUCTURE;
95-95
b.
the application for a building permit to reconstruct, repair or replace the BUILDING or STRUCTURE is submitted within one year of the date upon which the NON-COMPLYING BUILDING or STRUCTURE was damaged; and,
95-95
c.
the reconstruction, repair or replacement of the BUILDING or STRUCTURE is commenced within two years of the date upon which the NON-COMPLYING BUILDING or STRUCTURE was damaged.
2001-201
7.2.A.7
Permitted Interior Alteration The interior of any BUILDING or STRUCTURE which was lawfully used for a USE permitted in the By-law but does not comply with all requirements of the By-law, may be reconstructed or structurally ALTERED, in order to render the same more convenient or commodious for the existing purpose for which such BUILDING or STRUCTURE was lawfully used on the date the By-law was passed.
2006-126
7.2.A.8
Increase In Volume Where a BUILDING or STRUCTURE which, on the date this By-law was passed was legal NON-COMPLYING, the exterior dimensions can be increased provided there is no increase in FLOOR AREA and all other requirements of the by-law are complied with.
2006-126
7.2.A.9
Additions to Shoreline Structures Exceeding Maximum CUMULATIVE WIDTH Where DOCKS or BOATHOUSES are legal NON-COMPLYING due to the requirements of the maximum CUMULATIVE WIDTH of DOCKS and BOATHOUSES, additions are permitted provided the CUMULATIVE WIDTH permitted is not exceeded by the addition and all other requirements of the bylaw are complied with.
67
SECTION VII GENERAL PROVISIONS 7.3
LOTS OF RECORD 7.3.1
Existing Undersized LOTS of Record Where a LOT, having a lesser FRONTAGE or AREA than is required by this By-law, and is: a.
held under distinct and separate ownership from abutting LOTS, on or before the passing of this By-law, as evidenced by the records of the Land Registry Office; or,
b.
is a LOT or block on a registered plan of subdivision; or,
c.
is created as a result of expropriation or highway widening or other land acquisition by any authority having such statutory powers; or,
Amended By 9595
d.
is a LOT created by consent under the Planning Act, or its predecessor, after March 31, 1979; and,
Amended By 2003-77
e.
has a WR, WR1, WR5, WR6, R2, R3, R4, R5, Ru1, Ru2, Ru3, RuR, RuRH or RuER, or has a WR3 Zone on an island in excess of 2.0 acres and has a FRONTAGE not less than 100 feet and an AREA not less than 15,000 square feet; or
f.
has a WR2, WR4 or WR8 Zone and has a FRONTAGE of not less than 200 feet and an AREA of not less than 1 acre; or
g.
has an R1 Zone and has a FRONTAGE of not less than 50 feet and an AREA on not less than 6,000 square feet
Such LOT shall be deemed to conform with the LOT FRONTAGE and LOT AREA requirements of this By-law. 7.3.2
Enlargement of Existing LOTS
Amended By 9595
a.
Where a LOT meets the criteria set out in Section 7.3.1, or has been granted an exemption or Minor Variance to this By-law for lot size, or is zoned Waterfront Commercial – Marina (WC2) or Community Commercial – Marina (C2), and lands are added to that LOT, the resulting LOT is deemed to meet the criteria in Section 7.3.1.
95-95
b.
where a lot does not meet the criteria set out in Section 7.3.1, but through a lot addition the resulting LOT exceeds the criteria set out in Section 7.3.1, the resultant LOT is deemed to meet the criteria in Section 7.3.1.
7.4
ACCESSORY BUILDINGS AND STRUCTURES 7.4.1
Construction Sequence No ACCESSORY BUILDING or STRUCTURE shall be ERECTED prior to the establishment of the MAIN BUILDING, STRUCTURE or USE with the exception of a DOCK on a LOT accessible only by water.
68
SECTION VII GENERAL PROVISIONS 7.4.2
USE of ACCESSORY BUILDINGS Where this By-law provides that land may be used or a BUILDING or STRUCTURE may be ERECTED or used for a purpose, that purpose shall include any ACCESSORY USE, but shall not include the following: a. an occupation for gain or profit, except as this By-law specifically permits; b.
7.4.3
any BUILDING or STRUCTURE used for human habitation except as this By-law specifically permits.
Location, Size, HEIGHT Except as may be provided elsewhere in this By-law, any ACCESSORY BUILDING or STRUCTURE, which is not part of the MAIN BUILDING shall not be ERECTED unless the ACCESSORY BUILDING or STRUCTURE: a.
complies with the REQUIRED YARDS of the zone in which it is located;
b.
does not exceed the applicable LOT COVERAGE requirements of the zone in which it is located;
Amended By 2006-126
c.
is not ERECTED in the FRONT YARD; and,
95-95, Amended By 2006-126
d.
is erected on a LOT which complies with the provisions of Section 7.5
7.4.4
Temporary ACCESSORY BUILDINGS and STRUCTURES Where a consent under Section 49 of the Planning Act results in the creation of a LOT upon which an ACCESSORY BUILDING or STRUCTURE is located before a MAIN BUILDING, STRUCTURE or USE has been established, such ACCESSORY BUILDING or STRUCTURE, shall be allowed to continue provided that the application to construct the MAIN BUILDING or STRUCTURE is submitted within two years of the date of conveyance of the land, and the construction of the MAIN BUILDING or STRUCTURE is completed or the USE has been established within three years of the date of conveyance of the land.
Amended By 89110
7.4.5
GAZEBO No person shall ERECT or USE a GAZEBO, which exceeds 250 square feet in FLOOR AREA.
95-95 7.4.A
BUILDING INTERIOR DESIGN Where an application is made to construct an addition to a BUILDING; to join two or more existing BUILDINGS together; construct/reconstruct a BUILDING containing a hallway of which the walls are also exterior walls; or to join two living areas is proposed; the result will be considered as two or more BUILDINGS for the purpose of this By-law unless:
95-95
a.
the new construction or the BUILDING being moved, which is to be added to the existing BUILDING, is designed and built to an integral part of the existing BUILDING;
69
SECTION VII GENERAL PROVISIONS
7.5
b.
the new construction or BUILDING being moved shares at least one common wall with the existing BUILDING; and,
c.
the connection between the existing BUILDINGS and the new construction or BUILDING being moved, or a new BUILDING designed as having a hallway with exterior walls, is not one or more walkways, breezeways, hallways or other passages, whether or not such passages have exterior walls.
FRONTAGE ON PUBLIC STREET OR NAVIGABLE WATERWAY 7.5.1
General FRONTAGE Requirement
Amended By 89110
No person shall ERECT any BUILDING or STRUCTURE in any zone except a Community Zone unless the LOT upon which such BUILDING or STRUCTURE is to be ERECTED fronts, for a distance equal to the minimum FRONTAGE requirement for the zone in which the LOT is located, upon:
Amended By 89110
a.
A STREET maintained year round by a PUBLIC AUTHORITY;
Amended By 89110
b.
a NAVIGABLE WATERWAY or ORIGINAL SHORE ROAD ALLOWANCE; or
95-95
c.
a STREET dedicated as a public highway on a registered plan of subdivision and subject to terms and conditions of a Subdivision Agreement under the Planning Act or its predecessor.
7.5.2
FRONTAGE in a Community
Amended By 89110
a.
No person shall ERECT any BUILDING or STRUCTURE in any Community Zone unless the LOT upon which such BUILDING or STRUCTURE is to be ERECTED abuts, for a distance equal to the minimum FRONTAGE requirement for the zone in which the LOT is located, a STREET maintained year round by a PUBLIC AUTHORITY; and,
Amended By 89110
b.
where a LOT in a Community Zone fronts upon a NAVIGABLE WATERWAY or ORIGINAL SHORE ROAD ALLOWANCE and abuts a STREET maintained year round by a PUBLIC AUTHORITY the LOT LINE abutting the STREET must also meet the minimum FRONTAGE requirement for the zone in which the LOT is located.
7.5.3
Amended By 2006-126
Exemption to FRONTAGE Requirement a.
A HUNT CAMP may be ERECTED on a LOT in an Open Space (OS1, OS2) Zone, which does not front upon a year round maintained road or a NAVIGABLE WATERWAY.
b.
Where there is an existing residential DWELLING on a LOT, which does not have FRONTAGE on a year round maintained road or a NAVIGABLE WATERWAY, uses ACCESSORY to the permitted USE are permitted.
70
SECTION VII GENERAL PROVISIONS
7.6
c.
A BUILDING or STRUCTURE which does not comply with Section 7.5.1 and 7.5.2 and existed on the date this By-law was passed, which is a permitted USE, and is located in a Community Zone, can be reconstructed or structurally ALTERED despite the fact the FRONTAGE requirements are not met.
d.
A BUILDING or STRUCTURE which is located on a LOT which does not comply to the FRONTAGE requirement and does not contain a HABITABLE ROOM can be ERECTED, USED or ALTERED in any Community zone despite the fact the FRONTAGE requirements are not met.
FRONTAGE ON AN ORIGINAL SHORE ROAD ALLOWANCE Where a LOT is separated from a NAVIGABLE WATERWAY by only an ORIGINAL SHORE ROAD ALLOWANCE the LOT shall be considered for the purpose of permitted land uses in this By-law as if it abuts the NAVIGABLE WATERWAY.
7.6.A 95-95, Amended By 98-98, 2006126 7.7
REDUCTION OF LOT AREA Where a LOT is reduced in LOT AREA by way of a consent under the Planning Act but the LOT FRONTAGE is not changing and the LOT AREA complies with the minimum LOT AREA requirements under Section 7.3.1, the LOT FRONTAGE and the LOT AREA are deemed to comply with the provision of this By-law. GREATER RESTRICTION This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions.
95-95, Amended By 98-98 7.8
HEIGHT EXCEPTIONS No HEIGHT provision in this By-law shall apply to prevent the ERECTION, ALTERATION or USE of the following ACCESSORY BUILDINGS or STRUCTURES provided that such BUILDINGS or STRUCTURES are permitted within the zone in which it is located;
Amended By 98-98, 2006-126
7.9
-
church spire belfry clock tower chimney water tank windmill
- residential radio or TV tower or antenna - air conditioner duct - any farm BUILDING or STRUCTURE including a barn - cupola or other similar ornamental structure which contains no floor and is less than 100 square feet in size
PROHIBITED HABITATION No truck, bus, coach, or other vehicle may be used for a DWELLING UNIT within the Municipality, whether or not the same is maintained on wheels.
71
SECTION VII GENERAL PROVISIONS 7.10
HOME INDUSTRY
Amended By 89-110
HOME INDUSTRY means a gainful occupation conducted in whole or in part in a SINGLE FAMILY DWELLING UNIT or an ACCESSORY BUILDING to a SINGLE DWELLING UNIT by the residents of the SINGLE FAMILY DWELLING UNIT provided that:
Amended By 89-110
a.
there is no external advertising other than a sign of not more than 6-square feet erected in accordance with any by-laws regulating signs;
Amended By 89-110
b.
there is no external storage of goods or materials;
Amended By 89-110
c.
such HOME INDUSTRY is not an OBNOXIOUS USE;
Amended By 89-110
d.
such HOME INDUSTRY is clearly secondary and incidental to the main residential character of the residential USE;
Amended By 89-110
e.
such HOME INDUSTRY does not interfere with radio or television reception;
Amended By 89-110
f.
not more than two persons, other than the residents of the SINGLE FAMILY DWELLING UNIT are employed;
Amended By 89-110
g.
the LOT AREA is not less than 1 acre;
Amended By 89110, 98-98
h.
when a HOME INDUSTRY is located in a SINGLE FAMILY DWELLING UNIT or an ATTACHED GARAGE, it shall not exceed 25 percent of the GROUND FLOOR AREA of the SINGLE FAMILY DWELLING UNIT;
Amended By 89110
i.
the sum of the FLOOR AREA of all of the ACCESSORY BUILDING does not exceed an area of 1000 square feet;
Amended By 89110
j.
such HOME INDUSTRY does not involve the repair, maintenance or storage of aircraft; and
Amended By 89110
k.
the HOME INDUSTRY does not produce waste products, which are disposed of in a manner, which contravenes any Provincial environmental legislation or regulations.
7.11
HOME OCCUPATION
Amended By 89110
HOME OCCUPATION means a gainful occupation conducted entirely within a SINGLE FAMILY DWELLING UNIT by members of the family residing in such SINGLE FAMILY DWELLING UNIT provided that:
Amended By 89110
a.
there is no external display or advertising other than a sign not larger than 6square feet erected in accordance with any by-laws regulating signs;
Amended By 89110
b.
there is no external storage of goods or materials;
72
SECTION VII GENERAL PROVISIONS Amended By 89110
c.
such HOME OCCUPATION is clearly secondary and incidental to the main residential USE and does not change the residential character of the SINGLE FAMILY DWELLING UNIT nor create or become a nuisance in particular in regard to noise, traffic or parking;
Amended By 89110, 95-95, 9898
d.
not more than 20 percent of the GROUND FLOOR AREA of the SINGLE FAMILY DWELLING UNIT including an ATTACHED GARAGE is for the HOME OCCUPATION except in the case of a BED AND BREAKFAST where the maximum GROUND FLOOR AREA of the SINGLE FAMILY DWELLING UNIT for the HOME OCCUPATION is the FLOOR AREA of the three bedrooms used for the BED AND BREAKFAST; and
Amended By 89110
e.
such HOME OCCUPATION does not interfere with television or radio reception.
7.12 Amended By 89110 7.13 Amended By 2006-126 7.14
RIGHT-OF-WAY/LANE AS A YARD No BUILDING may be ERECTED or USED within 10 feet of a private RIGHT-OF-WAY where such RIGHT-OF-WAY does not form part of a LOT LINE. CHANGE IN USE If any BUILDING is hereafter ALTERED for or changed to a different USE, both of which are permitted within the particular zone, loading and PARKING SPACES shall be provided as required by this By-law for such different USE. ABANDONED EQUIPMENT AND MOTOR VEHICLES WITHOUT CURRENT LICENSE PLATES Unless otherwise specifically permitted in this By-law, the parking, storing or locating of unused or discarded motor vehicles without current license plates is prohibited in all zones, except that:
7.15
a.
vehicles may be stored inside a PRIVATE GARAGE; and,
b.
one such vehicle may be stored in a screened space that is not visible from any STREET or adjacent LOT.
AUTOMOBILE SERVICE STATIONS a.
Despite the requirement of this By-law, a pump island shall not be located closer than 15 feet to the LOT LINE of any existing or planned STREET.
b.
No portion of any ingress or egress shall be located closer than 50 feet to the intersection of any two STREETS.
c.
No portion of any ingress or egress ramp along any LOT LINE shall be located closer than 10 feet to any SIDE LOT LINE.
d.
The width of any egress or ingress ramp along any LOT LINE shall not be more than 30 feet nor less than 25 feet.
e.
Except for the ramps, an area not less than 5 feet in width along the FRONT LOT LINE shall be used for landscaping.
73
SECTION VII GENERAL PROVISIONS 7.16
LANDSCAPED BUFFERS LANDSCAPED BUFFERS, as required by this By-law, shall be provided, planted and maintained by the owner of the LOT on which the buffers are required and located. 7.16.1
NON-CONFORMING USES Nothing in this By-law shall require the provision of a LANDSCAPED BUFFER for a use, which existed on the date this By-law was passed.
7.16.2
Addition Where an addition to an existing BUILDING or STRUCTURE occurs, the owner shall be responsible to provide, plant and maintain the required LANDSCAPED BUFFER for the addition.
7.17
DWELLING UNIT IN A NON-RESIDENTIAL BUILDING With the exception of an AUTOMOBILE SERVICE STATION, a DWELLING UNIT or a MULTIPLE DWELLING UNIT may be permitted, as specified in this By-law, within a non-residential BUILDING, provided that:
7.18
a.
it complies with the requirements of Section 4.1.2(c) in the case of a MULTIPLE DWELLING;
b.
each DWELLING UNIT shall have a separate washroom/bathroom and kitchen facility from those of the non-residential USE;
c.
each DWELLING UNIT shall have separate PARKING SPACES in accordance with the parking requirements of Provision 7.25; and,
d.
each DWELLING UNIT shall have a separate BUILDING entrance than that to the non-residential portion.
REDUCTION OF REQUIREMENTS No person shall change the purpose for which any LOT or BUILDING is used, or ERECT any new BUILDING or addition to any existing BUILDING, or sever any lands from any existing LOT if the effect of such action is to cause the original, adjoining or remaining BUILDINGS, or original or remaining lands to be in contravention of this Bylaw.
7.19
SIGHT TRIANGLE On a CORNER LOT, no hedge, shrub or tree shall be planted, nor BUILDING or STRUCTURE ERECTED in a SIGHT TRIANGLE where such would obstruct the vision of vehicular traffic.
7.20
SIGNS The provisions of this By-law shall not apply to prevent the ERECTION, ALTERATION or USE of any sign, provided such sign complies with any authorized by-law regulating signs.
74
SECTION VII GENERAL PROVISIONS 7.21 Amended By 2001-201, 200377
SETBACK FROM STREET AND HIGH WATER MARK
7.21.1
SETBACKS from Township STREETS and Unopened Road Allowances No BUILDING or STRUCTURE including a DOCK and a BOATHOUSE shall be ERECTED, or enlarged within 25 feet from the LOT LINE abutting the STREET or unopened road allowance, or the 100 foot STRAIGHT LINE PROJECTION of that LOT LINE unless otherwise specifically permitted by this By-law.
7.21.2
SETBACKS on Provincial Highways Where a BUILDING or STRUCTURE is located adjacent to a provincial highway or a DISTRICT road, SETBACKS shall be provided and maintained in accordance with the requirements of the Ministry of Transportation or of the DISTRICT where such requirements are in excess of those required by this Bylaw.
7.21.3
2001-201
SETBACKS from HIGH WATER MARK No BUILDING or STRUCTURE shall be ERECTED within 66 feet of the HIGH WATER MARK except a BUILDING or STRUCTURE which existed prior to January 3, 2005 is legal NON-COMPLYING, is at least 35 feet from the HIGH WATER MARK, and which extends no closer to that HIGH WATER MARK after such ERECTION is completed than it did on January 3, 2005.
Amended By 2006-126
In the case of a SUNDECK, the minimum SETBACK shall be 50 feet from the HIGH WATER MARK; except for a SUNDECK which existed prior to January 3, 2005, is legal, NON-COMPLYING and is a minimum of 25 feet from the HIGH WATER MARK. 7.22
YARD ENCROACHMENTS Despite the YARD and SETBACK provisions of this By-law, the following shall apply:
Amended By 89-110
7.23
a.
chimneys, eaves, pilasters, or other ornamental STRUCTURES may project into any REQUIRED YARD a maximum distance of 4 feet;
b.
drop awnings, clothes poles, flagpoles, garden trellises, fences, retaining walls, similar ACCESSORY USES or signs ERECTED in accordance with any authorized by-law regulating signs, are permitted in any REQUIRED YARD;
c.
fire escapes and the structural members may project into a REQUIRED YARD a maximum distance of 4 feet.
RECREATIONAL VEHICLES 7.23.1
Amended By 89-110
Storage or Sale A RECREATIONAL VEHICLE may only be ERECTED or placed in an area specifically zoned for such a USE. This provision shall not apply where a maximum of one RECREATIONAL VEHICLE is located on the said land solely for the purposes of sale or storage, complies with the REQUIRED YARDS and is not occupied at any time.
75
SECTION VII GENERAL PROVISIONS 7.23.2
Despite Provision 7.23.1 a RECREATIONAL VEHICLE may be placed on residential zoned land for temporary USE for storage purposes or for accommodation during development of the LOT provided that the RECREATIONAL VEHICLE is located on the same LOT as the construction and in compliance with the YARD requirements for the zone in which it is located and provided that the RECREATIONAL VEHICLE is not located on the LOT until a building permit for the said construction has been issued and the RECREATIONAL VEHICLE is removed within 60 days of the completion or discontinuance of construction or if a building permit is revoked.
Amended By 89-110
7.24
Temporary USE
MOBILE HOMES AND MOBILE UNITS 7.24.1
Permanent USES No person shall USE land for the purpose of ERECTING or placing thereon a MOBILE HOME or MOBILE UNIT.
7.24.2
Temporary USES Despite Provision 7.24.1 a MOBILE UNIT, may be placed on industrial or commercial zoned land for temporary USE as an OFFICE or for storage purposes during development of the LOT provided that the MOBILE UNIT is located on the same LOT as the construction and in compliance with the YARD requirements for the zone in which it is located and provided that the MOBILE UNIT is not located on the LOT until a building permit for the said construction has been issued and that the MOBILE UNIT is removed within 60 days of the completion or discontinuance of construction.
7.25
PARKING PARKING SPACES and areas are required under this By-law in accordance with the following provisions: a.
The owner of every BUILDING or STRUCTURE ERECTED or USED for any of the following purposes shall provide and maintain for the sole USE of the owner, occupant or other persons entering upon or making USE of the said premises from time to time, PARKING SPACES and areas as follows:
76
SECTION VII GENERAL PROVISIONS Type of Building
Minimum Parking Required
i)
-
a DWELLING UNIT
-
2 PARKING SPACES.
ii)
-
containing two or more DWELLING UNITS
-
2 PARKING SPACES for each DWELLING UNIT.
iii)
-
a medical, dental or drugless practitioner’s OFFICE or clinic
-
5 PARKING SPACES for each practitioner
iv)
-
CHURCH, auditorium, TAVERN, RESTAURANT, theatre, arena, hall, PRIVATE CLUB, and other places of assembly (including a funeral home)
-
where there are fixed seats – 1 PARKING SPACE for 5 seats, or 10 feet of bench space.
-
where there are no fixed seats – 1 PARKING SPACE for each 100 square feet of FLOOR AREA open to the public.
v)
-
hospital, institution
-
1 PARKING SPACE for each 2 beds or 400 square feet of FLOOR AREA whichever is greater, plus 1 additional space for each resident doctor or resident employee.
vi)
-
TOURIST RESORT
-
1 PARKING SPACE for each ACCOMMODATION UNIT or HOUSEKEEPING UNIT plus 1 PARKING SPACE for each resident owner or employee family plus 1 additional space for each 200 square feet of RESTAURANT or TAVERN FLOOR SPACE open to the public.
vii)
-
OFFICE, including a HOME OCCUPATION
-
1 PARKING SPACE per 300 square feet of total FLOOR AREA.
viii)
-
RETAIL or CONVENIENCE STORE wholesale or discount business
-
1 PARKING SPACE for every 200 square feet of total FLOOR AREA.
ix)
-
MARINA
-
1 PARKING SPACE for each 200 square feet of total retail FLOOR AREA, plus 1 PARKING SPACE for every 20 feet of dockage.
x)
-
GOLF COURSES
-
24 PARKING SPACES for each nine holes of golfing facilities.
77
SECTION VII GENERAL PROVISIONS Type of Building
Minimum Parking Required
xi)
-
outdoor recreational uses such as driving ranges and miniature GOLF COURSES
xii)
-
PRIVATE PARKS each 4 visitors based on
95-95
xiii)
-
BED AND BREAKFAST
-
1 PARKING SPACE for each bedroom
95-95
xiv)
-
SUNDECK or patio used in conjunction with a RESTAURANT, TAVERN
-
1 PARKING SPACE for each 400 square feet.
Amended By 9595
xv)
-
other commercial USES (including a drive-in or take out RESTAURANT)
-
1 PARKING SPACE for each 200 square feet of total FLOOR AREA.
xvi)
-
school – elementary
-
1.5 PARKING SPACES for each teaching area.
-
– secondary
-
4 PARKING SPACES for each teaching area.
-
At least 1 PARKING SPACE for each 1000 square feet of total FLOOR AREA up to 20,000 square feet plus 1 additional space for every 5,000 square feet of total FLOOR AREA over 20,000 square feet including any basement area if used for industrial USE.
xvii)
b.
-
Industrial
-
10 PAKING SPACES for the miniature golf facility plus ONE SPACE for each tee on the driving range. 1 PARKING SPACE for the total capacity of the park.
PARKING AREA Requirements: PARKING AREA shall conform to the following requirements: i) the PARKING AREA shall be located in the same zones as, and within 500 feet of the location it is intended to serve, except for water access properties, in which case the PARKING AREA may be more than 500 feet from the USE and in a different zone;
Amended By 89110
ii) each angled PARKING SPACE shall be at least 10 feet by 20 feet; each parallel PARKING SPACE shall be at least 9 feet by 22 feet and each PARKING SPACE shall be provided with unobstructed access to a STREET by a driveway, aisle or LANE; and,
95-95
iii) the PARKING AREA must be in the same ownership as the LOT for which the PARKING SPACES are required.
78
SECTION VII GENERAL PROVISIONS c.
PARKING AREA Surface: In a Zone which allows commercial, industrial or multiple residential USES, a PARKING AREA and driveway connecting the PARKING AREA with a STREET shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles.
d.
Ingress and Egress:
Amended By 89110, 2001-201
i)
ingress and egress, to and from the required PARKING SPACES and AREAS shall be provided by means of unobstructed driveways or passageways at least 20 feet but not more than 30 feet in perpendicular width except, in respect to parking, for a RESIDENTIAL USE located in a STRUCTURE or BUILDING other than a MULTIPLE DWELLING;
Amended By 89110
ii) the maximum width of any joint ingress and egress driveway ramp measured along the STREET LINE shall be 40 feet; iii) every LOT shall be limited to the following number of driveways:
e.
a)
up to the first 100 feet of STREET frontage – not more than 2 driveways; and,
b)
for each additional 100 feet of STREET FRONTAGE – not more than 1 additional driveway.
Illumination: Where PARKING AREAS are illuminated, lighting fixtures shall be so arranged that no part of any fixture shall be more than 30 feet above the finished grade of the PARKING AREA. Fixtures shall be so designed and installed that the light is directed downward and deflected away from adjacent LOTS, roads and STREETS.
f.
Addition to BUILDING or STRUCTURE: When a BUILDING or STRUCTURE has insufficient PARKING AREA on the date this By-law was passed to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built, however, and no change of USE may occur, the effect of which would be an increase in that deficiency.
g.
USE of PARKING SPACES and AREAS: Any area allotted for off-street parking under this By-law shall be used for no other parking purpose than for the parking of operative passenger vehicles and vehicles used in operations incidental to the permitted USES on the LOT, all bearing currently valid license plates. No PERSON shall in any Residential Zone USE any LOT for the parking and storage of any commercial motor vehicle in excess of one-ton capacity, except that one commercial motor vehicle may be stored in a PRIVATE GARAGE. One School bus may be parked on any LOT. For the purpose of this subsection “commercial motor vehicle” shall mean any commercial vehicle as defined in The Highway Traffic Act for Ontario
79
SECTION VII GENERAL PROVISIONS
h.
PARKING AREA Location on LOT: Despite the YARD and SETBACK provisions of this By-law, uncovered surface PARKING AREAS are permitted in the REQUIRED YARDS or in the area between the road or STREET LINE and the required SETBACK provided no part of any PARKING AREA, other than a driveway, is located closer than 3 feet to any STREET LINE. No PARKING AREA is to be located closer than 35 feet to the HIGH WATER MARK in Waterfront Zones or closer than 25 feet to the HIGH WATER MARK in Community Zones.
i.
Boat Parking:
Amended By 98-98
i)
Amended By 98-98
ii) Each BOAT PARKING SPACE shall be 20 feet in length along a DOCK, BOATHOUSE, or mooring facility and 10 feet in width with an unobstructed means of accessing the BOAT PARKING SPACE.
7.26
33 percent of the required PARKING SPACES may be provided for the parking of boats or similar vessels provided such PARKING SPACES are adjacent to or on the LOT requiring such PARKING SPACES.
LOADING AREAS
a.
Loading Space Requirements The owner or occupant of any LOT, BUILDING or STRUCTURE ERECTED or USED for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares, merchandise or raw materials, shall provide and maintain at the premises, on the LOT occupied by the BUILDING or STRUCTURE and not forming part of a STREET or LANE, within the zone in which such USE is located, one loading or unloading space 40 feet long and 15 feet wide for each 3,000 square feet of FLOOR AREA of the BUILDING or STRUCTURE provided that adequate space shall be provided for the parking of vehicles awaiting access to loading spaces
b.
Access Access to loading or unloading spaces shall be by means of a driveway at least 20 feet wide contained within the LOT on which the spaces are located within or adjoining the zone in which the USE is located.
c.
Loading Space Surface The driveways, loading and unloading spaces shall be constructed and maintained with a stable surface, which is treated so as to prevent the raising of dust or loose particles, and with provisions for storm water drainage facilities.
d.
Location The loading space or spaces required may be located in the SIDE or REAR YARD only.
e.
When a BUILDING or STRUCTURE has insufficient loading space on the date this By-law was passed, to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built, however, and no change of USE may occur, the effect of which would be an increase in that deficiency.
80
SECTION VII GENERAL PROVISIONS 7.27
MORE THAN ONE ZONE ON A LOT When a LOT is designated as being in more than one zone, each part of the LOT shall be used in accordance with the zone regulations applicable to the zone designation for that part.
7.28
ONE DWELLING / ONE LOT Except as otherwise specifically permitted in this By-law, where a DWELLING UNIT is a permitted USE, only one DWELLING is permitted on a LOT.
2005-05
7.28A
MAXIMUM HABITABLE FLOOR AREA FOR A DWELLING The maximum HABITABLE FLOOR AREA for a DWELLING is 7,500 square feet.
2006126
7.28B
MAXIMUM TWO HABITABLE BUILDINGS PER LOT Where the By-law permits a DWELLING UNIT and a SLEEPING CABIN, these shall constitute the only BUILDINGS with a HABITABLE ROOM permitted on the LOT. An ACCESSORY BUILDING containing a HABITABLE ROOM is deemed to be a SLEEPING CABIN.
7.29
BUILDABLE AREA No BUILDING or STRUCTURE may be ERECTED on a LOT, which does not have an area suitable for the ERECTION of proposed BUILDINGS and STRUCTURES and the installation of any required sewage disposal facilities, a minimum of 3.28 vertical feet above the HIGH WATER MARK.
7.30
GROUP HOMES A GROUP HOME is a permitted USE in any zone in which a SINGLE FAMILY DWELLING UNIT is a permitted USE provided that the GROUP HOME is located a minimum of 1,000 feet from any other GROUP HOME.
7.31
CALCULATING GROSS FLOOR AREA In calculating the GROSS FLOOR AREA, the full FLOOR AREA of every BUILDING located on the zone boundary between a Waterfront Commercial Zone and a Backlot Commercial Zone is included in the GROSS FLOOR AREA of the Waterfront Commercial Zone and is not included in the Backlot Commercial Zone.
7.32
COMMERCIAL OPERATIONS ON MORE THAN ONE LOT
Amended By 9595, 98-98
Where a Waterfront Commercial Establishment, TOURIST RESORT, HOTEL, MOTEL, TENT AND TRAILER PARK or PRIVATE CAMP consists of two or more parcels or property or LOTS with common administration and with common ownership or condominium ownership, the entire Waterfront Commercial Establishment, TOURIST RESORT, HOTEL, MOTEL, TENT AND TRAILER PARK or PRIVATE CAMP will be considered as one LOT for the purposes of;
Amended By 9595, 98-98
a.
Calculating GROSS FLOOR AREA,
81
SECTION VII GENERAL PROVISIONS Amended By 95-95, 98-98 7.33 Amended By 95-95
7.34
b.
Determining LOT FRONTAGE and LOT AREA (and any other requirements based on these) but not for the purpose of the minimum yard requirements for each constituent parcel or LOT. Section 7.34 does not apply.
EXEMPTIONS TO THE BY-LAW Despite the provisions of Section 1.6 where a USE, BUILDING or STRUCTURE has been authorized by a By-law passed or a Minor Variance granted after January 1, 1985, the USE, BUILDING or STRUCTURE and all other specific requirements imposed by the By-law or Minor Variance continue to be permitted and imposed by this By-law. All other applicable zone provisions are those required by this By-law. Where there is a conflict between provisions of this By-law and the specific provisions so passed or granted, the specific provisions passed or granted prevail. LOTS OF TWO OR MORE LAND PARCELS Where a LOT consists of two or more parcels of land the Zone Requirements apply to each parcel as if each is a separate LOT for the purpose of erecting BUILDINGS and STRUCTURES on that parcel except that the LOT AREA requirements apply to the sum of the areas of all of the parcels in the LOT.
7.35
TRANSITIONAL PROVISION Where
a.
an application is made to the Land Division Committee for consent to convey land under Section 49 of the Planning Act, prior to the enactment of this By-law;
b.
that consent is granted and the land is conveyed before the consent lapses; and
c.
that consent results in the creation of one or more LOTS which do not comply with the LOT FRONTAGE or LOT AREA requirements of this By-law.
then each such LOT created is deemed to comply with the LOT FRONTAGE and LOT AREA requirements of this By-law for the zoning applicable to that LOT on the date this By-law was passed. 7.36
COTTAGE INDUSTRY
89-110
COTTAGE INDUSTRY means a gainful occupation conducted in whole or in part in a SINGLE FAMILY DWELLING UNIT or an ACCESSORY BUILDING to a SINGLE FAMILY DWELLING UNIT by the residents of the SINGLE FAMILY DWELLING UNIT provided that:
89-110
a.
there is no external advertising other than a sign of not more than 6 square feet ERECTED in accordance with any by-laws regulating signs;
89-110
b.
there is no external storage of goods or materials;
89-110
c.
such COTTAGE INDUSTRY is not an OBNOXIOUS USE;
89-110
d.
such COTTAGE INDUSTRY is clearly secondary and incidental to the main residential character of the residential USE;
89-110
e.
such COTTAGE INDUSTRY does not interfere with radio or television reception;
82
SECTION VII GENERAL PROVISIONS 89-110
f.
no more than two persons, other than the residents of the SINGLE FAMILY DWELLING UNIT are employed;
89-110
g.
when a COTTAGE INDUSTRY is located in a SINGLE FAMILY DWELLING UNIT, it shall not exceed 25 percent of the GROUND FLOOR AREA of the SINGLE FAMILY DWELLING UNIT; and
89-110
h.
the sum of the FLOOR AREA of all of the ACCESSORY BUILDINGS does not exceed an area of 1000 square feet.
7.37
SERVICES IN COMMUNITIES
Amended By 95-95
Where a LOT within a Community is within the boundaries of an Urban Service area designated by Urban Service By-laws of the DISTRICT, no person shall ERECT or USE a BUILDING with a HABITABLE ROOM on said LOT unless the water and sewer services referred to in those By-laws are available to serve such BUILDING.
7.38 2001-201, Amended By 2003-77
ILLEGALSTRUCTURES CONSTRUCTED PRIOR TO PASSAGE OF BY-LAW
2001-201, Amended By 2003-77
Any BUILDING or STRUCTURE constructed prior to October 11, 1988, is deemed to be permitted except when:
2001-201
a.
there is more than one RESIDENTIAL DWELLING UNIT on the LOT; or,
2001-201
b.
there is more than one SLEEPING CABIN on the LOT.
2003-77
All such BUILDINGS or STRUCTURES must comply with the zone requirements in which it is located. Where the BUILDING or STRUCTURE does not comply with the bylaw requirement it shall be deemed legal NON-COMPLYING.
7.39 Amended By 2002-102
LANDS ADJACENT TO LAND ZONED RURAL INDUSTRIAL (RuM3) For lands adjacent to lands Zoned Rural Extractive (RuM3), the minimum setback from such lands is 100 feet.
83
SECTION VIII DEFINITIONS 8.1
ACCESSORY: when used to described a USE, BUILDING, or STRUCTURE means a USE, BUILDING or STRUCTURE subordinate, incidental and exclusively devoted to the main USE, BUILDING, or STRUCTURE located on the same LOT therewith.
8.2
ACCOMMODATION UNIT: means a room or suite of rooms used or maintained for the accommodation of the travelling or vacationing public and which does not contain a KITCHEN.
Amended By 2002-102
8.3
AGRICULTURAL USE: means farming and includes the raising and harvesting of crops, dairying, animal husbandry, raising of poultry and other similar USES and shall include roadside facilities for the retail sale of produce grown on the FARM. AGRICULTURAL USE does not include the extraction, mining, or excavating of peat for commercial purposes.
8.4
ALTER: means, when used in reference to a BUILDING, STRUCTURE or part thereof, to change any one or more of the internal or external dimensions of such BUILDING or to change the type of construction of the exterior walls or roof or a change from one type of occupancy to another or a structural ALTERATION or change. When used in reference to a LOT the word ALTER means a change in USE, or a decrease or increase in the width, depth or area or to decrease or increase 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, whether such alteration is made by transference of any portion of said LOT, or otherwise. The words “altered” and “alteration” have corresponding meanings.
8.5
AUTOMOBILE SALES ESTABLISHMENT: means a BUILDING or STRUCTURE or a clearly defined space on a LOT used for the display and sale of motor vehicles and may include the servicing, repair, cleaning, polishing, and lubricating of motor vehicles, the sale of automotive accessories and related products, and the leasing or renting of motor vehicles.
Amended By 89-110
8.6
AUTOMOBILE SERVICE STATION: means a BUILDING or STRUCTURE or a clearly defined space on a LOT where gasoline, or other motor fuels and conveyance accessories are stored or kept for sale and where repairs essential to the actual operation of motor vehicles are executed or performed and includes areas where motor vehicles are parked or stored for remuneration, hire or sale and may include a GAS BAR.
8.7
AUTOMOBILE WASHING ESTABLISHMENT: means a garage for washing and cleaning motor vehicles.
Amended By 2003-77
8.8
BASEMENT: means that portion of a BUILDING between two floor levels which has at least one half of the distance from average finished floor to finished ceiling, below the average finished grade.
84
SECTION VIII DEFINITIONS 8.9
BED & BREAKFAST: means a SINGLE FAMILY DWELLING UNIT in which not more than three bedrooms are used or maintained for the accommodation of the travelling or vacationing public, in which the owner supplies lodgings either or without meals for the persons so accommodated and which may be classified a s A HOME OCCUPATION.
8.10
BERM: means a landscaped natural or manmade rise in land or a hill, designed to screen or buffer adjacent USES.
98-98
8.10A
BOAT PARKING SPACE: means a single parking space for a boat or other marine vessel, which forms part of a DOCK, BOATHOUSE or other mooring facility.
Amended By 95-95, 2006-126
8.11
BOATHOUSE: means an ACCESSORY BUILDING built or anchored near the shore for the berthing and sheltering of boats or other marine related equipment and enclosed by more than one wall. The second STOREY of the BOATHOUSE may include a SLEEPING CABIN or other recreational USES, unless prohibited by the applicable zone requirements. For the purposes of the applicable zone requirements and permitted USES, a BOATHOUSE shall include a BOATPORT.
Amende95-95d By
8.12
BOATHOUSE WIDTH: means the longest perpendicular measurement from any point on the outside of one sidewall of a BOATHOUSE (or the outside of a supporting post in the case of a BOATPORT) to any point on the outside of the opposite sidewall (or supporting post in the case of a BOATPORT). For the purpose of this definition, a sidewall means the outside wall of a BOATHOUSE, which is the closest to being perpendicular to the HIGH WATER MARK immediately behind such BOATHOUSE.
95-95
8.13
BOATPORT: means a roofed ACCESSORY BUILDING built or anchored near the shore for the purpose of berthing and sheltering of boats or other marine related equipment and is not enclosed by more than one wall.
8.14
BUILDING: means any STRUCTURE used or intended to be used for shelter or occupation of PERSONS, animals or chattels other than a fence or wall.
8.15
BUILDING LINE: means a line lying in the interior of a LOT drawn parallel to a LOT LINE for the purpose of establishing the minimum distance that must exist between a BUILDING or STRUCTRUE ERECTED upon the lands and a LOT LINE.
85
SECTION VIII DEFINITIONS 8.16
BUILDING, MAIN: means a BUILDING in which the principal USE is conducted on the LOT on which
8.17
BUILDING SUPPLY YARD: means a retail or wholesale store with or without a storage area used for the temporary storage and sale of building supplies such as lumber, cement, bricks and hardware.
8.18
BULK FUEL STORAGE: means a tank for the bulk storage of petroleum, gasoline, fuel oil, gas or flammable liquid or fluid.
8.19
CABIN: means a BUILDING without a KITCHEN designed for the overnight accommodation of the travelling or vacationing public.
8.20
CAMPSITE: means an area of land within a TENT AND TRAILER PARK or PRIVATE CAMP which is designed to accommodate the placement of tents, RECREATIONAL VEHICLE, motor coach or truck campers for the temporary quarters of a travelling or vacationing FAMILY.
8.21
CHURCH: means a BUILDING dedicated to religious worship and may include a church hall, church, auditorium, Sunday school, convent, monastery or parish hall.
8.22
CLINIC: means a public or private BUILDING used for medical, surgical, dental, physio therapeutic chiropractic or other human health treatment, consultation or diagnosis by one or more practitioners.
8.23
COMMERCIAL HOUSEBOAT: means a boat, rented for commercial gain, which contains facilities for overnight accommodation of people by including facilities for sleeping, the preparation, storage and cooking of food, and sanitary facilities.
8.24
CONSERVATION: means the protection and improvement of the components of the natural environment through comprehensive management and maintenance for both the individual and society’s uses both in the present and in the future.
8.25
CONVIENCE STORE: means a retail commercial establishment supplying groceries and other daily household supplies to the immediate surrounding area.
86
SECTION VIII DEFINITIONS CONVERTED DWELLING: See Section 8.32 Amended By 2006-126
8.26
CONTRACTOR’S YARD: means an area of a LOT used by construction, mechanical, electrical, structural, plumbing, or landscaping contractors to store, maintain, or repair construction equipment and material. It may include a business office related to the business, and may include an area for the parking of employees’ vehicles. It does not include an area for the crushing or screening of aggregates or topsoil. CORNER LOT: See Section 8.70
8.27
CORPORATION: means the Corporation of the Township of Muskoka Lakes.
89-110
8.28
COTTAGE INDUSTRY: means a gainful occupation conducted in whole or in part in a SINGLE FAMILY DWELLING UNIT or an ACCESSORY BUILDING to a SINGLE FAMILY DWELLING UNIT by the residents of the SINGLE FAMILY DWELLING UNIT in accordance with General Provision 7.36.
2005-05
8.28A
COVERED AREA: means an area covered by a roof bounded by a maximum of three walls which is open at one end or side.
95-95
8.29
CUMULATIVE WIDTH: means in reference to a BOATHOUSE or a DOCK is the sum of the widths of every BOATHOUSE and every DOCK on the LOT.
8.30
DISTRICT: means the District Municipality of Muskoka.
Amended By 2005-05
8.31
DOCK: means a STRUCTURE built at or anchored to the shore at which boats or other floating vessels are berthed or secured to and which may provide a foundation for a BOATHOUSE. Any structure situated in or over lands covered by water, which is within 10 feet of a DOCK, shall be deemed to be part of the DOCK unless it is a BOATHOUSE or a BOATPORT.
Amended By 95-95
8.32
DWELLING, CONVERTED: means a completed separate BUILDING that was originally designed for, and constructed a DWELLING UNIT that is converted to a maximum of three DWELING UNITS.
89-110
8.33
DWELLING, DUPLEX: means a separate BUILDING that is divided horizontally into two separate DWELLING UNITS each of which has an independent entrance either from the outside or through a common vestibule.
87
SECTION VIII DEFINITIONS 8.34
DWELLING, MULTIPLE: means a BUILDING, which contains two or more DWELLING UNITS.
89-110
8.35
DWELLING, ROW: means a group of three but not more than eight attached SINGLE FAMILY DWELLING UNITS having independent entrances directly from the outside.
89-110
8.36
DWELLING, SEMI DETACHED: means a pair of attached SINGLE FAMILY DWELLING UNITS with a common masonry wall extending from the base of the foundation to the roofline.
Amended By 89-110, 98-98
8.37
DWELLING UNIT or DWELLING: means one or more HABITABLE ROOMS designed for use by and occupation by not more than one FAMILY in which sanitary facilities and only one separate KITCHEN are provided for the exclusive use of such a FAMILY, with a private entrance from outside the BUILDING or from a common hallway or stairway inside the BUILDING. A RECREATIONAL VEHICLE or MOBILE HOME or HOUSEKEEPING UNIT is deemed not to be a DWELLING UNIT for the purpose of this By-law. A DWELLING UNIT includes an ATTACHED GARAGE.
8.38
DWELLING UNIT, SINGLE FAMILY: means a separate BUILDING containing only one DWELLING UNIT.
8.39
ERECT: means to build, construct, reconstruct, ALTER, enlarge and relocate and without limiting the generality of the foregoing is taken to include any associated physical operation such as excavating, grading and/or structurally altering any existing BUILDING or STRUCTURE by an addition, deletion, enlargement or extension.
8.40
ESTABLISHED BUILDING LINE: means the average SETBACK from the FRONT or REAR LOT LINE of existing BUILDINGS and STRUCTURES within 200 feet of the SIDE LOT LINES of the subject property.
95-95
8.41
FAMILY: means one or more persons living together in one DWELLING UNIT.
8.42
FARM: means land used for the tillage of soil and the growing of vegetables, fruits, grains and other staple crops including livestock raising, dairying or woodlots and includes a farm SINGLE FAMILY DWELLING UNIT and ACCESSORY BUILDINGS.
88
SECTION VIII DEFINITIONS 8.43
FARM, SPECIALIZED USE: means land on which the predominant economic activity consists of raising chickens, turkeys or other fowl, the raising of hogs, goats, horses or cattle on feed lots, the raising or boarding of dogs or cats or the growing of mushrooms.
89-110
8.44
FINANCIAL BUSINESS: means an establishment, which shall include, but not be limited to the following: a finance and loan company, mortgage company, investment and security company and other savings and credit establishments.
Amended By 98-98, 2006-126
8.45
FLOOR AREA: means the total AREA of all STOREYS contained within the exterior faces of the exterior walls of a BUILDING, but excluding any ATTACHED GARAGE, PRIVATE GARAGE, porch, veranda, attic or SUNDECK or any BASEMENT when used solely for the purpose of storage. In the case of walls less than three feet in height, the FLOOR AREA is the total area of all STOREYS within the interior surface of the walls where such exist.
Amended By 98-98
8.46
FLOOR AREA, GROSS: means the sum total of the gross horizontal areas of all STOREYS of all BUILDINGS excluding any ATTACHED GARAGE, attics and BASEMENTS when used solely for the purpose of storage.
8.47
FLOOR AREA, GROUND: means the maximum area of that portion of a LOT occupied by a BUILDING or STRUCTURE measured to the outside walls, excluding in the case of a DWELLING any PRIVATE GARAGE, porch, veranda or sunroom unless such area is habitable at all seasons.
Amended By 98-98, 2002-102
8.48
FORESTRY OPERATION: means the general raising and harvesting of wood for commercial purposes or gain and shall include the raising and cutting of fuel wood, pulpwood, lumber, Christmas trees and other forest products. A FORESTRY OPERATION does not include a SAWMILL. FRONT LOT LINE: See Section 8.76 FRONT YARD: See Section 8.148 FRONT YARD DEPTH: See Section 8.149
98-98, Amended By 2006-126
8.48A
GARAGE, ATTACHED: means a PRIVATE GARAGE attached to a DWELLING by a common wall and/or common roof STRUCTURE and shall be considered to be part of the MAIN BUILDING.
89
SECTION VIII DEFINITIONS Amended By 2006-126
8.49
GARAGE, PRIVATE: means a BUILDING which is primarily used for the storage of motor vehicles, tools and household equipment incidental to residential occupancy and in which no business, occupation or service is conducted for profit unless otherwise specifically permitted in this By-law. Except in a Waterfront Landing Zone (WL) a PRIVATE GARAGE is an ACCESSORY BUILDING. If a PRIVATE GARAGE is an ATTACHED GARAGE, it is not an ACCESSORY BUILDING.
8.50
GAS BAR: means a BUILDING or STRUCTURE which is used primarily for the sale of gasoline, or other motor fuels including minor running repairs to motor vehicles.
98-98
8.50A
GAZEBO: means a freestanding, roofed ACCESSORY STRUCTURE used for the purpose of relaxation in conjunction with a residential DWELLING. A GAZEBO exceeding 200 square feet in FLOOR AREA, which is screened or glassed, shall be considered to be a HABITABLE ROOM.
Amended By 2002-102
8.51
GOLF COURSE: means a public or private area operated for the purpose of playing golf and includes a driving range and a miniature golf course. A GOLF COURSE may include a clubhouse. GROSS FLOOR AREA: See Section 8.46 GROUND FLOOR AREA: See Section 8.47
8.52
GROUP HOME: means a SINGLE FAMILY DWELLING UNIT in which not more than six PERSONS, having physical, social or mental handicaps, reside as a FAMILY under the appropriate supervision of supervised personnel, who may also reside in the DWELLING UNIT, and which is licensed or approved by a PUBLIC AUTHORITY. A DWELLING UNIT occupied for the purpose of providing shelter for PERSONS on parole or released from penal institutions, or for PERSONS ordered to reside there as a result of conviction of a criminal offence, is not a GROUP HOME.
2005-05
8.52A
HABITABLE FLOOR AREA: means the total FLOOR AREA of all STOREYS contained within the exterior walls of a BUILDING including a BASEMENT where floor to ceiling height is greater than 6 feet, but excluding any ATTACHED GARAGE, PRIVATE GARAGE, open PORCH, VERANDAS, attic and SUNDECK.
95-95
8.53
HABITABLE ROOM: means a room designed for living, sleeping, eating or food preparation. A den, library, office, craft or hobby room, sewing room, enclosed sunroom, GAZEBO, or screened room are deemed to be a HABITABLE ROOM.
90
SECTION VIII DEFINITIONS Amended By 95-95
8.54
HEIGHT: means, when used in reference to a BUILDING or STRUCTURE the vertical distance between the lowest finished ground surface at the exterior of the BUILDING and the highest point of the roof; or, in the case of a BOATHOUSE, the vertical distance between the top of the DOCK and the highest point of the roof; or in the case of a SUNDECK, the vertical distance between the lowest finished ground surface adjacent to the perimeter of the SUNDECK. In the case where a SUNDECK is joined to a BUILDING or other STRUCTURE, the HEIGHT of the SUNDECK and the HEIGHT of the BUILDING or STRUCTURE shall be measured separately, and each shall comply with the provisions of this By-law.
8.55
HIGH WATER MARK: means the present normal HIGH WATER MARK of a NAVIGABLE WATERWAY, without regard to any dredging or filling carried out subsequent to October 24th, 1980.
8.56
HOME INDUSTRY: means a gainful occupation conducted in whole or in part in a DWELLING UNIT in accordance with General Provision 7.10.
8.57
HOME OCCUPATION: means a gainful occupation conducted entirely within a SINGLE FAMILY DWELLING UNIT by members of the FAMILY residing in such DWELLING UNIT in accordance with General Provision 7.11.
8.58
HOTEL: means a type of TOURIST RESORT used mainly for the purposes of catering to the needs of the vacationing or travelling public by supplying food and drink and furnishing sleeping accommodation of not less than ten ACCOMMODATION UNITS.
8.59
HOUSEKEEPING UNIT: means a room or a suite of rooms maintained for the accommodation of the travelling or vacationing public and equipped with a KITCHEN.
2001-201
8.59A
HUMAN HABITATION: means a place of abode occupied by humans primarily for, but not limited to eating, sleeping and living functions. Such functions also include leisure and recreational activities, such as sewing, reading, crafting, hobbies, and exercising.
Amended By 95-95
8.60
HUNT CAMP: means a BUILDING occupied not more than 14 days in any month and not more than 60 days in any twelve month period and used solely for the purposes of accommodating hunters. A HUNT CAMP shall not be used as a DWELLING UNIT.
91
SECTION VIII DEFINITIONS 2006-126
8.60A
INCLINATOR: means a STRUCTURE consisting of a cart on rails or track which is pulled up and down an incline or slope for the purpose of transporting people or goods. The STRUCTURE may include a roofed STRUCTURE no more than 100 square feet in FLOOR AREA at the upper and lower terminals of the INCLINATOR. INTERIOR LOT: See Section 8.75
8.61
KENNEL: means a place where dogs and/or other animals other than livestock as defined in the Agricultural Code of Practice (1976) are bred and raised, and are sold or kept for sale or boarded.
8.62
KITCHEN: means a room or part of a room where food is stored or prepared or cooked, and which has cooking appliances.
8.63
LANDINGS: means a STRUCTURE or platform between flights of stairs or at the head or foot of a staircase.
8.64
LANDSCAPED BUFFER: means a landscaped or naturally planted area reserved for the purpose of screening adjacent uses by the planting or maintaining of trees and shrubs and shall consist of at least a continuous row of trees, evergreens or shrubs, not less than 6 feet high.
8.65
LANDSCAPING CENTRE: means land, BUILDINGS or STRUCTURES used for the purpose of growing and selling vegetables, plants and flowers and may include the selling of materials associated with landscaping.
8.66
LANE: means a travelled private road or travelled private RIGHT-OF-WAY, which affords access to abutting LOTS.
8.67
LIGHT INDUSTRY: means the MANUFACTURING, assembling or processing of component parts or finished products for retail trade but does not include any operation involving stamping presses, furnaces, machinery or the emission of any air, water or noise pollution that creates a nuisance outside of the building. Such USE shall not generate any outside activity other than one loading area and parking for employees and visitors cars.
92
SECTION VIII DEFINITIONS 8.68
LOT: means
a.
a parcel of land:
Amended By 89-110
i)
the whole of which can be transferred without approval for consent or approval of a plan of subdivision pursuant to the Planning Act; and
Amended By 89-110 Amended By 89-110 Amended By 89-110
ii)
no part of which can be transferred without such an approval; and
iii) which is not described in a registered condominium description; and iv) which is not the subject of an agreement or By-law referred to in clause (c) below. OR
Amended By 89-110
b.
a parcel of land described as a whole registered description by the Condominium Act.
OR Amended By 89-110
c.
two or more parcels of land: i) deemed to be one LOT by this By-law; or,
Amended By 89-110 Amended By 89-110
ii) required to be transferred together by an agreement made pursuant to the Planning Act. 8.69
LOT AREA: means the total horizontal area within the LOT LINES of a LOT but does not include lands under water. In the case of a CORNER LOT having STREET LINES rounding at the corner with a radius of 20 feet or less, the LOT AREA of such LOTS shall be calculated as if the LOT LINES were produced to their point of intersection.
8.70
LOT, CORNER: means a LOT situated at the intersection of and abutting upon two or more STREETS provided that the angle of intersection within the LOT formed by such STREETS is not more than 135 degrees.
8.71
LOT COVERAGE: means that percentage of area covered by BUILDINGS and STRUCTURES including ACCESSORY BUILDINGS and STRUCTURES on the LOT inclusive of any such area covered on lands adjacent to the LOT in a WOS Zone and excluding non-roofed STRUCTURES and DOCKS.
8.72
LOT DEPTH: means the horizontal distance between the FRONT and REAR LOT LINES. Where these lines are not parallel, it is the length of a line joining the midpoints of the FRONT and REAR LOT LINES.
93
SECTION VIII DEFINITIONS
Amended By 95-95
8.73
LOT FRONTAGE: means the horizontal straight-line distance determined as follows:
a.
where the FRONT LOT LINE is a HIGH WATER MARK or abuts an ORIGINAL SHORE ROAD ALLOWANCE, the distance between the points where the LOT LINES or their STRAIGHT LINE PROJECTIONS intersect the HIGH WATER MARK.
b.
where the FRONT LOT LINE is in whole or in part within a NAVIGABLE WATERWAY, the distance between the points where each SIDE LOT LINE intersects. i) the HIGH WATER MARK, if it so intersects, or ii) the FRONT LOT LINE, otherwise.
c.
where there are no SIDE LOT LINES, the greatest distance between any point on the FRONT LOT LINE and any point on the REAR LOT LINE.
d.
where there are no SIDE LOT LINES and no REAR LOT LINE, such as on an island, the greatest distance between any two points. i) on the FRONT LOT LINE, if those points are not within a NAVIGABLE WATERWAY; or ii) on the HIGH WATER MARK and those parts of the FRONT LOT LINE not within a NAVIGABLE WATERWAY.
2001-201
e.
where there are two (2) FRONT LOT LINES abutting the same STREET, the longer of the two LOT LINES shall be the FRONT LOT LINE.
Amended By 2001-201
f.
in all cases other than those above, the distance between the points where the SIDE LOT LINES intersect the FRONT LOT LINE.
For the purposes of this definition, only those SIDE LOT LINES, which intersect the FRONT LOT LINE are to be considered in determining LOT FRONTAGE. 8.74
LOT LINE: means any boundary of the LOT or the vertical projection thereof.
8.75
LOT, INTERIOR: means a LOT that is not a CORNER LOT and not a THROUGH LOT.
8.76 Amended By 89-110
LOT LINE, FRONT: means in the case of: i.
an INTERIOR LOT, the LOT LINE abutting;
Amended By 89-110
a) a STREET; or,
Amended By 89-110
b) a NAVIGABLE WATERWAY; or,
Amended By 89-110
c) an ORIGINAL SHORE ROAD ALLOWANCE;
94
SECTION VIII DEFINITIONS d) a RIGHT-OF-WAY, where the LOT does not abut a STREET, NAVIGABLE WATERWAY or an ORIGINAL SHORE ROAD ALLOWANCE.
Amended By 89-110, 95-95 Amended By 95-95, 89-110
ii.
a CORNER LOT, the longest of the LOT LINES, which abut the STREETS. If one of the STREETS contains a one-foot reserve that abuts the LOT the LOT LINE adjacent to that reserve is not to be considered in determining the FRONT LOT LINE.
Amended by 89110
iii.
a THROUGH LOT;
Amended by 89110
a)
Amended by 89110
b) if it abuts a STREET and a NAVIGABLE WATERWAY, the LOT LINE along the HIGH WATER MARK or within the NAVIGABLE WATERWAY;
Amended by 89110
c) if it abuts a STREET and an ORIGINAL SHORE ROAD ALLOWANCE, the LOT LINE abutting the ORIGINAL SHORE ROAD ALLOWANCE;
Amended by 89110, 2003-77
d) if it abuts two ORIGINAL SHORE ROAD ALLOWANCES, the longer of the two LOT LINES abutting the ORIGINAL SHORE ROAD ALLOWANCES;
Amended by 89110, 2003-77
e) if it abuts a NAVIGABLE WATERWAY and an ORIGINAL SHORE ROAD ALLOWANCE, the longer of the two LOT LINES;
Amended by 89110,95-95, 2001-201
f)
Amended By 95-95
8.77
if it abuts two STREETS, the LOT LINE abutting the STREET from which access is primarily gained to the LOT;
if it abuts two NAVIGABLE WATERWAYS, the longer of the two LOT LINES abutting the NAIVGABLE WATERWAYS.
LOT LINE, REAR: means the longest LOT LINE opposite the FRONT LOT LINE.
8.78
LOT LINE, SIDE: means any LOT LINES other than the FRONT LOT LINE and the REAR LOT LINE. For the purpose of measuring the SIDE YARD SETBACK of BUILDINGS and STRUCTURES over water, the SIDE LOT LINE includes the STRAIGHT LINE PROJECTION of each SIDE LOT LINE into the water.
8.79
LOT, THROUGH: means a LOT bounded on both the FRONT LOT LINE and the REAR LOT LINE by STREETS, or in the case of a LOT on a NAVIGABLE WATERBODY, by an ORIGINAL SHORE ROAD ALLOWANCE or HIGH WATER MARK on the FRONT LOT LINE and by a STREET, or ORIGINAL SHORE ROAD ALLOWANCE or HIGH WATER MARK on the REAR LOT LINE. MAIN BUILDING: See Section 8.16
95
SECTION VIII DEFINITIONS 8.80
MANUFACTURING: means the USE of land, BUILDING or STRUCTURE designed for the purpose of MANUFACTURING, assembly, making, preparing, inspecting, ornamenting, finishing, treating, ALTERING, repairing, WAREHOUSING or storing or adapting for sale of any goods, substance, article, thing or service, but shall not include an OBNOXIOUS USE, mine, PIT or QUARRY.
8.81
MARINA: means a BUILDING, STRUCTURE or place, and may contain docking, boat storage facilities and automobile PARKING AREAS, and may be located on a NAVIGABLE WATERWAY, where boats and boat accessories are stored, serviced, repaired or kept for sale or hire and where facilities for the sale of marine fuels and lubricants may be provided but shall not include the rental of COMMERCIAL HOUSEBOATS.
8.82
MOBILE HOME: means a single wide factory built SINGLE FAMILY DWELLING UNIT that is designed to be transported and capable of being connected to service utilities so as to be suitable for a long term occupation, but does not include a double wide MOBILE HOME, TRAVEL TRAILER, tent trailer, or TRAILER otherwise designed.
Amended By 95-95
8.83
MOBILE UNIT: means singlewide factory built unit that is designed to be transported and is capable of being connected to service utilities so as to be suitable for long-term occupation. MOBILE UNITS include Park Model Trailer and do not include portable classrooms or an enclosed truck trailer.
8.84
MOTEL: means a type of TOURIST RESORT which caters primarily to the traveling public by supplying overnight sleeping accommodation with or without meals of not less than five (5) ACCOMMODATION UNITS. MULTIPLE DWELLING: See Section 8.34
8.85
NAVIGABLE WATERWAY: means any body of water that is capable of affording reasonable passage of floating vessels of any description for the purpose of transportation, recreation or commerce.
Amended By 95-95, 2006-126
8.86
NON-COMPLYING: means a LOT, BUILDING or STRUCTURE that does not fulfil the zone requirements for the zone in which the LOT, BUILDING, or STRUCTURE is located.
Amended By 95-95
8.87
NON-CONFORMING: means a USE, which does not conform with the provisions of this By-law for the zones in which such a USE is located on the date the By-law was passed.
96
SECTION VIII DEFINITIONS 8.88
NURSERY SCHOOL: means a day nursery within the meaning of The Day Nurseries Act for Ontario.
8.89
NURSING HOME: means a BUILDING in which the proprietor supplies for hire or gain, lodging with or without meals and, in addition, provides nursing, medical or similar care and treatment, if required, and includes a rest home or convalescent home.
8.90
OBNOXIOUS USE: means an offensive trade within the meaning of The Public Health Act of Ontario.
8.91
OFFICE: means a BUILDING or STRUCTURE or part thereof used for the purpose of providing accommodation for an OFFICE in which business is carried on or a profession is practiced.
Amended By 98-98
8.92
OPEN SPACE RECREATION: means the use of land, STRUCTURES or equipment for outdoor sports and games not conducted for profit and does not include a range for firearms, a racetrack or PRIVATE PARK, or GOLF COURSE.
8.93
ORIGINAL SHORE ROAD ALLOWANCE: means a 66-foot wide allowance for road reserved along the shore of a NAVIGABLE WATERWAY by the Crown but not an allowance that has become a STREET.
98-98
8.93A
OPEN STORAGE: means the storage of equipment, goods, chattels, raw materials or processed materials outside of any BUILDING or STRUCTURE for a period of more than 24 hours. For the purpose of this by-law the overnight parking of licensed vehicles shall not be OPEN STORAGE.
8.94
PARKING AREA: means an area provided for the parking of motor vehicles and includes aisles, PARKING SPACES and related ingress and egress lands or a PRIVATE GARAGE, but does not include any part of a public STREET.
8.95
PARKING SPACE: means an area of not less than 200 square feet, exclusive of any aisles or ingress and egress lanes, usable for the temporary parking or storage of motor vehicles, and may include a PRIVATE GARAGE or carport. Each PARKING SPACE shall be at least 10 feet by 20 feet.
2006-126
8.95A
PAVILION: means a STRUCTURE accessory to a TOURIST RESORT for the purpose of sheltering people with a maximum FLOOR AREA of 600 square feet and containing no walls.
97
SECTION VIII DEFINITIONS 8.96
PERSON: means any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a PERSON to whom the context can apply according to law.
8.97
PERSONAL SERVICE SHOP: means barbershop, beauty parlour, shoe repair shop, self-service laundry or depot for the collection of any cleaning and laundry.
97-46, Amended By 2001-201
8.97A
PICNIC SHELTER: means a STRUCTURE with a roof, floor and support posts without walls, screening or any other form of closure (except a railing no higher than 48 inches from the floor), that is used temporarily for the prime purpose of picnicking or lounging, not for overnight accommodation of persons or the storage of chattels.
8.98
PIT: means an open excavation or cavity in the natural level of the ground made other than by natural causes by the removal of soil or rock for the purpose of removing sand, gravel or similar material and shall include the processing of excavated material.
2003-77
8.99A
PLACE OF WORSHIP: means lands or BUILDINGS used for worship by an association of persons that is: i)
Charitable under the laws of the Province of Ontario; and,
ii)
Organized for the advancement of religion and for the conduct of religious worship, service or rites; and,
iii) is intended to be permanently established as to the conduct of its existence. and may include accessory STRUCTURES such as DWELLING for a caretaker or head of the congregation and an assembly hall. 89-110
8.99
PLACE OF AMUSEMENT: means a bowling alley, athletic club, billiard or pool hall, amusement arcade, theatre, arena or other similar USE.
8.100
PLANNING ACT: means Statutes of Ontario 1983 Chapter 1, as amended, and any successor legislation relating to the same subject matter.
2005-05
8.100A
PORCH: means a roofed structure projecting from the exterior wall of a BUILDING for the purpose of providing a covered shelter for an entrance to a BUILDING and does not have an exterior wall.
98
SECTION VIII DEFINITIONS 8.101
PRIVATE CAMP: means an establishment operated by a religious or private organization that provides reserved accommodation in the form of CABINS, rooms or CAMPSITES, which is not open to the travelling public, and has centralized facilities for dining and recreation, and provides recreational, religious or educational programs.
8.102
PRIVATE CLUB: means golf, tennis, sailing or other athletic, social or recreational club located on private lands. PRIVATE GARAGE: See Section 8.49
8.103
PRIVATE PARK: means a park operated for commercial gain on land permanently devoted to recreational uses and may be generally characterized by its natural, historic landscape or recreational features or activities and is used for both passive and active forms of recreation.
8.104
PRIVATE RUNWAY: means an area of a LOT used on an intermittent basis for private aircraft to take off and land and may include ACCESSORY BUILDINGS and STRUCTURES such as a hanger and private fuelling facilities and which is not Federally licensed, or used for any purpose associated with commercial gain.
8.105
PUBLIC AUTHORITY: means a. the CORPORATION, the DISTRICT, the Government of Ontario, the Government of Canada, or any board, authority, or commission of any of them; or, b. any utility company providing telephone, telegraph, electrical or natural gas services; or, c.
any railway company authorized under the Railway Act of Canada; or,
d. any corporation providing services to the public, that has an operating budget entirely funded by one or more entities described in clause (a). 8.106
PUBLIC USE: means the use of a LOT, BUILDING or STRUCTURE by a PUBLIC AUTHORITY, for the purpose of providing its services to the public, or carrying out its public mandate, but does not include an office building.
8.107
QUARRY: means an excavation in the natural level of the ground made other than by natural causes for the purpose of removing stone or similar material which is to be used for construction, further processing or as a raw material in a manufacturing process and shall include the processing of excavated material.
99
SECTION VIII DEFINITIONS REAR LOT LINE: See Section 8.77 REAR YARD: See Section 8.150 REAR YARD DEPTH: See Section 8.151 2001-201
8.107A
RECONSTRUCTION: means the replacement of an existing BUILDING or STRUCTURE where the amount of the BUILDING or STRUCTURE being replaced exceeds the requirements of a RESTORATION.
Amended By 89-110
8.108
RECREATIONAL ESTABLISHMENT: means a drive-in theatre, miniature golf course, tennis courts or similar USE.
8.109
RECREATIONAL VEHICLE: means any vehicle that is mobile either by itself or when attached to a motor vehicle and that is capable of being used for the living, sleeping or eating accommodation of PERSONS, notwithstanding that such vehicle is jacked-up or that its running gear is removed, for seasonal or temporary occupancy only.
8.10
RECREATIONAL VEHICLE AND EQUIPMENT CENTRE: means a BUILDING or STRUCTURE or part thereof used for the storage, service, sale and hire of recreation vehicles including snowmobiles, boats and all terrain vehicles.
2001-201
8.110A
RESIDENTIAL: means the USE of land, BUILDINGS, or STRUCTURES for human habitation. REQUIRED YARD: See Section 8.152 RESIDENTIAL – DWELLING UNIT: See Section 8.37
8.111
RESTAURANT: means a BUILDING or part thereof where food is offered for sale or sold to the public for immediate consumption on or about the premises and includes a drive-in or take-out RESTAURANT.
2001-201
8.111A
RESTORATION: means the repair of a BUILDING or STRUCTURE to a safe condition where over 20% of the FLOOR AREA and walls remains in its present state. It does not include the RECONSTRUCTION or replacement of an entire BUILDING or STRUCTURE. In the case of a DOCK, it applies to over 20% of the top decking and does not include the foundation cribbing, piling, or poles.
8.112
RETAIL STORE: means a BUILDING or part of a BUILDING where goods, wares, merchandise, substances or articles are offered for retail sale.
100
SECTION VIII DEFINITIONS 8.113
RIDING STABLE: means land and BUILDINGS used to house horses and for their exercise and training and may include a school, boarding stables, tack shop or other related uses.
8.114
RIGHT-OF-WAY: means an area of land that is legally described in a registered deed for the provision of private access on which there is usually a LANE.
8.115
ROOFED RECREATION FACILITY: means a covered BUILDING or STRUCTURE used for sport or recreation uses only, such as an indoor swimming pool, racquet courts or gymnasium. ROW DWELLING: See Section 8.35
8.116
SLAVAGE YARD: means land or BUILDINGS used for an automobile wrecking yard or premises, the keeping and/or storing of used building products, waste paper, rags, bottles, bicycles, automobile tires, old metal, other scrap material or salvage and where such materials are bought, sold, exchanged, baled, packed, disassembled or handled for further USE.
8.117
SATELLITE DISHES: means a STRUCTURE used or intended to be used to receive broadcast signals from satellites.
8.118
SAW MILL: means a BUILDING or STRUCTURE used to process wood from saw logs to another use and may include land used for open storage of raw or finished lumber or products. SEMI DETACHED DWELLING: See Section 8.36
95-95
8.119
SERVICE CLUB: means an association of persons united by a common community service interest. This includes the premises owned and occupied by the members of such an association within which the activities of the club are conducted.
Amended By 98-98
8.120
SERVICE SHOP: means a BUILDING or part of a BUILDING devoted primarily to the repair or servicing of goods, commodities, articles or materials, but not the manufacturing of same. A SERVICE SHOP does not include the repair or service of motor vehicles.
101
SECTION VIII DEFINITIONS 8.121
SETBACK: means the least horizontal distance between any LOT LINE or HIGH WATER MARK, and the nearest part of any BUILDING or STRUCTUE on the LOT. Where the LOT LINE is within a NAVIGABLE WATERWAY the distance shall be measured from the HIGH WATER MARK.
8.122
SEWER SERVICE: means a system of underground piping for the collection of and treatment of sewage, owned and operated by a PUBLIC AUTHORITY.
98-99, Amended By 2005-05
8.122A
SHORELINE BUFFER: means a natural area maintained in its natural predevelopment state for the purpose of buffering BUILDINGS or STRUCTURES on a LOT. Where the natural state does not include significant vegetative cover the area may be planted with indigenous trees and shrubs. Such a buffer shall consist of trees or shrubs a minimum of six feet in height and a density of one tree per 100 square feet of the required buffer. SIDE LOT LINE: See Section 8.78 SIDE YARD: See Section 8.153 SIDE YARD EXTERIOR: See Section 8.155 SIDE YARD INTERIOR: See Section 8.156
8.123
SIGHT TRIANGLE: means the triangular space formed by two intersecting STREET LINES and a line drawn from a point in one STREET LINE to a point in the other STREET LINE, each such point being 40 feet measured along the STREET LINE from the point of intersection of the STREET LINES. SINGLE FAMILY DWELLING UNIT: See Section 8.38
Amended By 89-110
8.124
SLEEPING CABIN: means a unit not attached to the MAIN residential BUILIDNG for the accommodation of PERSONS, but not containing a KITCHEN. A RECREATIONAL VEHICLE is deemed not to be a SLEEPING CABIN for the purposes of this By-law. SPECIALIZED FARM USE: See Section 8.43
8.125
STAFF QUARTERS: means an ACCESSORY BUILDING for accommodating only the employees of a TOURIST RESORT or PRIVATE CAMP and which may contain a kitchen.
8.126
STORAGE FACILITY: means a covered BUILDING or STRUCTURE used for the storage of chattels, but not for the accommodation of persons.
102
SECTION VIII DEFINITIONS Amended By 2001-201
8.127
STOREY: Means the portion of a BUILDING, other than the BASEMENT which lies between the surface of the floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling or roof next above it. In the case of a BOATHOUSE, the DOCKS are considered to be a floor.
8.128
STRAIGHT LINE PROJECTION: means the straight-line extension or projection of a LOT LINE.
8.129
STREET: means a travelled public highway or a travelled public road and does not include a LANE or a PRIVATE RIGHT-OF-WAY, or unopened road allowance.
Amended By 98-98
8.130
STREET LINE: means the dividing line between the LOT and a STREET.
8.131
STRUCTURE: means anything constructed or ERECTED, the USE of which requires location on the ground but does not include a septic system. A STRUCTURE shall include a tennis court or sport court.
Amended By 2003-77
8.132
SUNDECK: means a non-roofed STRUCTURE designed for lounging or sunbathing. A SUNDECK is not part of a DWELLING UNIT.
8.133
TAVERN: means a BUILDING or STRUCTURE or part thereof which is primarily used for the sale and serving of alcoholic beverages with or without entertainment and may serve food or meals.
8.134
TENT AND TRAILER PARK: means a parcel of land used and maintained as an overnight tenting or camping ground where people are temporarily accommodated in tents, TRAVEL TRAILERS, CABINS, RECREATIONAL VEHICLES or other similar facilities, whether or not a fee or charge is paid for the rental thereof, but does not accommodate MOBILE HOMES. THROUGH LOT: See Section 8.79
8.135
TOURIST RESORT: means a commercial establishment under one management designed and used for the travelling or vacationing public, and that has facilities for accommodation and serving meals and drinks and furnishes equipment, supplies or services to persons for recreational purposes. No DWELLING UNIT is permitted within a TOURIST RESORT except as accessory to the principal permitted USE, by way of living accommodation for the manager or owner of the resort and family, and staff quarters for the staff of the resort.
103
SECTION VIII DEFINITIONS 95-95
8.136
TRAILER: means any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle and capable of being used for the living, sleeping or eating accommodation of PERSONS, notwithstanding that such vehicle is jacked-up or that its running gear is removed.
95-95
8.137
TRAVEL TRAILER: means a TRAILER designed and equipped for travel, recreation and vacation uses and for seasonal or temporary occupancy only.
8.138
TUCK SHOP: means a retail shop selling personal supplies, sundries, sports equipment and clothing to visitors to, and employees of, a PRIVATE CAMP.
2005-05
8.138A
VERANDA: means a roofed open structure along one or more sides of a BUILDING having the purpose of, or capability of providing for lounging and relaxation.
8.139
VETERINARY CLINIC: means a BUILDING or STRUCTURE where animals, birds or other livestock are treated and where domestic animals or birds are kept for treatment.
8.140
USE: means when used as a noun, the purpose for which the land or a BUILDING or STRUCTURE or any combination thereof, is designed, arranged, intended, occupied or maintained and “uses” has a corresponding meaning. “Use” when used a s a verb, or “to use” has a corresponding meaning.
8.141
WAREHOUSE: means any BUILDING or STRUCTURE involved primarily in transportation, storage and shipment of goods.
8.142
WASTE DISPOSAL: means a facility for the transfer and treatment and disposal of sanitary wastes or other wastes.
8.143
WASTE TREATEMENT FACILITY: means an area on the same site as the principle permitted USE which is used for the purpose of storing, treating and spraying effluent generated on site in compliance with the relevant regulations of the Ministry of Environment.
8.144
WATERCOURSE: means a creek, river and/or drainage ditch.
104
SECTION VIII DEFINITIONS 2001-201
8.144A
WATERFRONT LANDING: means the USE of land, parking vehicles, and storing boats, which facilitate access by persons to one or more RESIDENTIAL properties, to which access is gained by water.
8.145
WATER SERVICE: means a distribution system of underground piping and related storage, including pumping and purification appurtenances owned and operated by a PUBLIC AUTHORITY.
8.146
WAYSIDE PIT OR WAYSIDE QUARRY: means a temporary PIT or QUARRY open and used by a PUBLIC AUTHORITY solely for the purpose of a particular project or contract and road construction and not located on the STREET.
8.147
YARD: means an open, uncovered and unoccupied space between a BUILDING or STRUCTURE and a LOT LINE.
8.148
YARD, FRONT: means a YARD extending across the full width of the LOT between the FRONT LOT LINE of the LOT and the nearest part of any BUILDING or STRUCTURE on the LOT.
8.149
YARD DEPTH, FRONT: means the least horizontal dimensions between the FRONT LOT LINE of the LOT, or the nearest open storage USE on the LOT.
8.150
YARD, REAR: means a YARD extending across the full width of the LOT between the REAR LOT LINE of the LOT and the nearest part of any BUILDING or STRUCTURE on the LOT, or the nearest open storage USE on the LOT.
8.151
YARD DEPTH, REAR: means the least horizontal dimensions between the REAR LOT LINE and the nearest part of any BUILDING or STRUCTURE on the LOT, or the nearest open storage USE on the LOT.
8.152
YARD, REQUIRED: means the minimum YARD required by the provisions of this By-law.
8.153
YARD, SIDE: means a YARD extending from the FRONT YARD to the REAR YARD and from the SIDE LOT LINE of the LOT to the nearest part of any BUILDING or STRUCTURE on the LOT, or the nearest open storage USE on the LOT.
105
SECTION VIII DEFINITIONS 8.154
YARD WIDTH, SIDE: means the least horizontal dimension between the SIDE LOT LINE of the LOT and the nearest part of any BUILDING or STRUCTURE on the LOT, or the nearest open storage use on the LOT.
8.155
YARD, SIDE EXTERIOR: means a SIDE YARD immediately adjoining a public STREET or an unopened road allowance.
8.156
YARD, SIDE INTERIOR: means a SIDE YARD other than an EXTERIOR SIDE YARD.
106
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