county of prince edward comprehensive zoning by-law no. 1816-2006

Transcription

County of Prince Edward
Comprehensive Zoning By-law 1816-2006
October 23, 2006
COUNTY OF PRINCE EDWARD
COMPREHENSIVE ZONING
BY-LAW NO. 1816-2006
October 23, 2006
Office Consolidation – December 2010
Office Copy Distribution December, 2013
October 23, 2006
TABLE OF CONTENTS
SECTION
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
SECTION
SECTION
SECTION
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.23
4.24
4.25
4.26
1 INTERPRETATION ........................................................................ 1
TITLE ......................................................................................... 1
DECLARATION ............................................................................. 1
APPLICATION .............................................................................. 2
INTERPRETATION ....................................................................... 2
ZONE SYMBOLS ........................................................................... 2
SPECIAL ZONE SYMBOLS .............................................................. 3
INTERPRETATION OF ZONE BOUNDARIES ....................................... 3
ZONE PROVISIONS ...................................................................... 4
HEADINGS .................................................................................. 4
ROAD CLOSINGS ......................................................................... 4
ROAD NAMES - ZONE SCHEDULES ................................................. 4
APPENDICES - MINIMUM DISTANCE SEPARATION FORMULAE ........... 4
METRIC PROVISIONS ................................................................... 5
STATUTE REFERENCES ................................................................. 5
2 COMPLIANCE WITH THE BY-LAW ................................................... 6
3 DEFINITIONS .............................................................................. 7
4 GENERAL PROVISIONS ................................................................ 47
ACCESSORY BUILDINGS, STRUCTURES AND USES ........................ 47
ACCESSORY FARM ACCOMMODATION .......................................... 51
BASEMENTS OR WALKOUT BASEMENTS........................................ 51
BED AND BREAKFAST ESTABLISHMENTS ...................................... 51
ESTABLISHED BUILDING LINE IN RESIDENTIAL AND COMMERCIAL
ZONES ..................................................................................... 52
EXISTING UNDERSIZED LOTS ..................................................... 52
FRONTAGE REQUIREMENTS ........................................................ 53
GROUP HOMES .......................................................................... 54
HEIGHT EXCEPTIONS ................................................................. 54
HOLDING PROVISIONS ............................................................... 54
HOME BUSINESS ....................................................................... 55
HOME BUSINESS, RURAL ............................................................ 56
LANDSCAPED OPEN SPACE ......................................................... 57
LANDSCAPE PLANTING / BUFFER STRIPS ...................................... 57
LIVESTOCK ............................................................................... 58
MINIMUM DISTANCE SEPARATION REQUIREMENTS ....................... 58
MULTIPLE USES ON ONE LOT ...................................................... 60
MULTIPLE ZONES ON ONE LOT .................................................... 60
NON-COMPLYING BUILDINGS AND STRUCTURES ........................... 60
NON-CONFORMING USES, BUILDINGS AND STRUCTURES .............. 61
PITS AND QUARRIES .................................................................. 62
PUBLIC USES AND UTILITIES ...................................................... 63
SIGHT TRIANGLES ..................................................................... 64
SPECIAL SETBACK PROVISIONS .................................................. 65
SPECIAL RESIDENTIAL SETBACK PROVISIONS FROM NONRESIDENTIAL USES.................................................................... 67
October 23, 2006
4.27
4.28
4.29
4.30
4.31
4.32
4.33
SECTION
5.1
5.2
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
SECTION 33
SECTION 34
SPECIAL TEMPORARY USES PERMITTED ....................................... 68
THROUGH LOTS ......................................................................... 68
TRAILER OR MOBILE HOME PARKS............................................... 68
TRUCK, BUS AND COACH BODIES................................................ 68
REQUIREMENTS FOR SPECIAL STUDIES FOR DEVELOPMENT ADJACENT
TO PROVINCIALLY SIGNIFICANT WETLANDS ................................. 69
OUTDOOR FURNACES / HEATING APPLIANCES .............................. 69
WINDMILLS............................................................................... 69
PARKING, LOADING AND DRIVEWAY PROVISIONS......................... 71
PARKING PROVISIONS ............................................................... 71
LOADING PROVISIONS ............................................................... 78
ZONES AND ZONING MAPS ......................................................... 80
RURAL 1 (RU1) ZONE ................................................................. 83
RURAL 2 (RU2) ZONE ............................................................... 136
RURAL 3 (RU3) ZONE ............................................................... 155
URBAN RESIDENTIAL TYPE ONE (R1) ZONE .............................. 169
URBAN RESIDENTIAL TYPE TWO (R2) ZONE .............................. 180
URBAN RESIDENTIAL TYPE THREE (R3) ZONE ........................... 186
HAMLET RESIDENTIAL (HR) ZONE ........................................... 208
LIMITED SERVICE RESIDENTIAL (LSR) ZONE ............................ 230
MOBILE HOME PARK RESIDENTIAL (MHR) ZONE ........................ 245
RURAL RESIDENTIAL 1 (RR1) ZONE ......................................... 252
RURAL RESIDENTIAL 2 (RR2) ZONE ......................................... 283
CORE COMMERCIAL (CC) ZONE ............................................... 312
GENERAL COMMERCIAL (CG) ZONE.......................................... 324
LOCAL COMMERCIAL (CL) ZONE .............................................. 333
HIGHWAY COMMERCIAL (CH) ZONE ......................................... 348
TOURIST COMMERCIAL (TC) ZONE .......................................... 372
TRAILER PARK COMMERCIAL (TPC) ZONE ................................. 398
GENERAL INDUSTRIAL (MG) ZONE ........................................... 403
HEAVY INDUSTRIAL (MH) ZONE .............................................. 414
RURAL INDUSTRIAL (MR) ZONE............................................... 420
EXTRACTIVE INDUSTRIAL (MX) ZONE ...................................... 436
WASTE DISPOSAL INDUSTRIAL (MD) ZONE .............................. 439
INSTITUTIONAL (I) ZONE ....................................................... 440
OPEN SPACE (OS) ZONE ......................................................... 454
ENVIRONMENTAL PROTECTION (EP) ZONE................................ 463
ENVIRONMENTAL PROTECTION – PROVINCIALLY SIGNIFCANT
WETLAND (EP-W) ZONE ........................................................... 470
FUTURE DEVELOPMENT (FD) ZONE .......................................... 473
BY-LAW ENFORCEMENT AND VALIDITY ..................................... 478
APPENDIX I MINIMUM DISTANCE SEPARATION FORMULA I
APPENDIX II MINIMUM DISTANCE SEPARATION FORMULA II
October 23, 2006
SECTION 1
1.1
1
INTERPRETATION
TITLE
This By-law may be cited as the "COUNTY OF PRINCE EDWARD ZONING BYLAW".
1.2
DECLARATION (Amended by Amending By-law No. 2336-2008)
The Zone Schedules, A1 through A10 inclusive contained herein, as set out in
the following table, are declared to form part of this By-law.
Schedule
No.
Municipal Ward
Ward
No(s).
A1
Picton & Portion of Hallowell
A2
Bloomfield
2
A3
Wellington
3
A4-East
Ameliasburgh East
4
A4-West
Ameliasburgh West
4
A4-1
A4-2
A5
A5-1
1&6
Ameliasburgh Details
(Gardenville,
Consecon, Ameliasburgh)
Ameliasburgh Details
(Rossmore, Rednersville,
Massassauga Point, Peats Point)
Athol
4
4
5
5
A6-East
Athol Details (Salmon Point,
Cherry Valley)
Hallowell East
A6-West
Hallowell West
6
6
A7
Hallowell Details
(Sheba’s Island)
Hillier
A8
North Marysburgh
8
North Marysburgh Details
(Glenora, Prinyers Cove, Waupoos)
South Marysburgh
8
South Marysburgh Details
9
A6-1
A8-1
A9
A9-1
6
7
9
SECTION 1 – INTERPRETATION
October 23, 2006
2
(Black River, Morrison Point, Milford)
A10-East
Sophiasburgh East
10
A10-West
Sophiasburgh West
10
Sophiasburgh Details
(Demorestville, Muscote Bay, North
Port)
10
A10-1
The following Appendices I and II consisting of the Ministry of Agriculture,
Food and Rural Affairs’ Minimum Distance Separation Formula I and II, as
amended from time to time are declared to part of this By-law.
Diagrams No. 1 through 5 inclusive, contained herein, are for clarification
and convenience only and do not form a part of this By-law.
1.3
APPLICATION
This By-law shall apply to and be enforceable with respect to all lands,
buildings and structures within the municipal boundaries of the County.
1.4
INTERPRETATION
For the purposes of this By-law, words used in the present tense include the
future; words in singular number include the plural and words in the plural
include the singular number; the word "shall" is mandatory; the word "may"
is permissive.
1.5
ZONE SYMBOLS
The Zone symbols used on any of the Schedules attached to and forming
part of this By-law refer to the use of land, buildings and structures
permitted by this By-law in the zone categories. Whenever in this By-law the
word "Zone" is used, preceded by any of the Zone symbols, such Zone shall
mean any area within the County of Prince Edward delineated on any of the
Schedules attached to and forming part of this By-law and designated
thereon by the Zone symbol.
October 23, 2006
1.6
3
SPECIAL ZONE SYMBOLS
1.6.1 SPECIAL ZONE PROVISIONS
Where the Zone Symbol designating certain lands, as shown on any of the
Schedules attached to and forming part of this By-law is followed by a dash
and a number, for example M1-1, Special Zone Provisions apply to such
lands. Such provisions are detailed within each Zone classification in a
subsection entitled “SPECIAL ZONE PROVISIONS”. Lands designated in this
manner shall be subject to all the provisions of this By-law and the applicable
Zone, except as may otherwise be provided by the Special Zone Provisions.
1.6.2 HOLDING ZONE SYMBOLS
Where the Zone Symbol, or Special Zone Symbol, designating certain lands,
as shown on any of the Schedules attached to and forming part of this Bylaw is followed by a dash and the letter “H”, Holding Zone provisions apply to
such lands as further specified in Section 4.10 of this By-law, and in
accordance with Section 36 of the Planning Act, R.S.O., l990, as amended.
1.7
INTERPRETATION OF ZONE BOUNDARIES
The extent and boundary of every zone, as delineated on the Schedules
attached hereto and forming part of this By-law, shall be determined in
accordance with the following:
i.
Except as otherwise provided in this section, the extent and boundary
of all zones shall be construed to be lot lines, boundaries of registered
plans, centre lines of streets, road allowances and former railway
lines;
ii.
Where a zone boundary on any Schedule attached hereto passes
through land, the location of such boundary shall be determined in
accordance with the scale on the applicable Schedule;
iii.
Where a zone boundary is indicated as following a shoreline of a lake,
river or bay, the zone boundary shall follow the high water mark as
determined in accordance with standard surveying practices; and
iv.
Where a zone boundary is indicated as following a natural feature,
such as an escarpment, wetland or watercourse, the zone boundary
shall be determined by the County in consultation with the
Conservation Authority based on criteria relevant to the protection of
the natural feature and, where available, the limits of the regulatory
flood plain.
October 23, 2006
1.8
4
ZONE PROVISIONS
All the Zone Provisions of this By-law which are applicable to a use or
activity, or building or structure shall be deemed to be contained within the
Zone in which such use or activity, or building or structure is permitted,
unless a specific provision of this By-law provides otherwise.
1.9
HEADINGS
The headings of the Sections and Subsections of this By-law or on any of the
Schedules attached to and forming part of this By-law hereof, together with
the illustrations, examples and explanatory notes appearing at various places
throughout this By-law or on any of the Schedules attached to and forming
part of this By-law hereof, have been inserted as a matter of convenience
and for reference only and in no way define, limit or enlarge the scope or
meaning of this By-law or any of its provisions.
1.10 ROAD CLOSINGS
In the event that a dedicated street or road, as delineated on any of the
Schedules attached to and forming part of this By-law hereof, is closed, the
property formerly within such street or road shall be included within the Zone
of the adjoining property on either side of such closed street or road. Where
a closed street or road is the boundary between two or more different zones,
the new zone boundary shall be the former centre line of the closed street or
road.
1.11 ROAD NAMES - ZONE SCHEDULES
Road names as delineated on any of the Schedules attached to and forming
part of this By-law hereof, have been included as a matter of convenience
only. In no case shall the provisions of this By-law be interpreted as to
require an amendment to this By-law to permit the changing of the name of
a street, road, lane or trail or to permit the changing of the status of a road
or road allowance.
1.12 APPENDICES - MINIMUM DISTANCE SEPARATION FORMULAE
Appendix I and Appendix II, attached hereto and forming part of this By-law,
contain the Minimum Distance Separation, MDS I and MDS II, formulae, as
amended from time to time required by the Ministry of Agriculture, Food and
Rural Affairs. These formulae are the basis for the calculation of the
October 23, 2006
5
separation requirements. The applicable General Provisions are set out in
Section 4.16 of this By-law.
1.13 METRIC PROVISIONS
The provisions contained in this By-law are in metric units. For convenience
purposes only, imperial units in brackets have been included following the
metric units. In no instance should the imperial units be used to determine
any requirement of this By-law.
1.14 STATUTE REFERENCES
Where any Statute or portion of a Statute is referred to in this By-law, such
reference shall be interpreted to refer to such Statute or portion thereof as
amended from time to time.
October 23, 2006
SECTION 2
2.1
6
COMPLIANCE WITH THE BY-LAW
COMPLIANCE
No land, building or structure shall be used or occupied, and no building or
structure shall be erected or altered, in whole or in part, for any purpose
EXCEPT in conformity with the provisions of this By-law.
2.2
RESTRICTIONS
Notwithstanding any provision in this By-law to the contrary, where a
particular use of land, building or structure is listed as a permitted use in one
or more zone classifications, such use of land, building or structure shall not
be a permitted use in any other zone classification(s).
2.3
PUBLIC ACQUISITION
No person shall be deemed to have contravened any provision of this By-law
by reason of the fact that any part or parts of any lot has or have been
conveyed to or acquired by any Public Authority, through expropriation, road
widening or other conveyance.
2.4
COMPLIANCE WITH OTHER LAWS
This By-law shall not be effective to reduce or mitigate any restrictions
lawfully imposed by a Federal or Provincial Government Authority having
jurisdiction to impose such restrictions.
2.5
CONFLICT WITH OTHER MUNICIPAL BY-LAWS
In the event of a conflict between the provisions of this By-law and any other
by-law of the County, the most restrictive provisions shall apply.
SECTION 2 – COMPLIANCE WITH THE BY-LAW
October 23, 2006
SECTION 3
7
DEFINITIONS
For the purpose of this By-law, the definitions and interpretations given in
this section shall govern.
3.1.
ABATTOIR
Shall mean a building or structure specifically designed to accommodate the
penning and slaughtering of live animals and the preliminary processing of
animal carcasses and may include the packing, treating, storing and sale of
the product on site.
3.2
ACCESSORY BUILDING OR STRUCTURE
Shall mean a detached building or structure that is not used for human
habitation and the use of which is customarily incidental and subordinate to
the principal use, building or structure and located on the same lot therewith
and shall include, without limiting the generality of the foregoing, a storage
shed, work shop, detached private garage, detached carport and boat house.
Any building or structure which is attached to the main building will not be
considered accessory for the purposes of this By-law.
3.3
ACCESSORY FARM ACCOMMODATION
Shall mean a building that is accessory to a farm operation and used for the
accommodation of transient farm labourers.
3.4
ACCESSORY USE
Shall mean a use customarily incidental and subordinate to, and exclusively
devoted to, the principal use of the lot, building or structure and located on
the same lot as such principal use.
3.5
AERODROME
Shall mean any area of land, water (including a frozen water surface), or
other supporting surface used or designed, prepared, equipped, or set apart
for use, either in whole or in part, for the arrival or departure, movement, or
servicing of aircraft and includes any buildings, installations and equipment in
connection therewith.
October 23, 2006
3.6
8
AGGREGATE PROCESSING PLANT
Shall mean a plant and/or equipment for the crushing, screening or washing
of sand and gravel aggregate materials, but not including a concrete batching
plant or an asphalt plant.
3.7
AGRICULTURAL PROCESSING FACILITY
Shall mean a building or part of a building used for the processing of
agricultural produce and may include facilities for wholesale distribution or an
accessory retail commercial outlet for the sale of such agricultural produce to
the general public, such as, but not limited to a cheese factory, a seed drying
operation, silos or elevators for the receiving, processing and storage of
grains and seeds.
3.8
AGRICULTURAL USE
Shall mean the use of land, buildings or structures primarily for the
production of food and products for domestic use and consumption including
field crops, orchard products, vineyards, livestock, poultry production,
nurseries, greenhouses, apiaries, mushrooms, aquaculture, horticulture,
silviculture or other farming activities including the growing, raising, packing,
marketing, selling, sorting or storage of locally grown products, the storage
or use of on-site -generated organic recyclable material for farm purposes
and any similar uses customarily carried on in the field of general agriculture.
3.9
AIRPORT
Shall mean the use of land, buildings or structures facilitating the landing and
handling of aircraft and their passengers and freight and, without limiting the
generality of the foregoing, accessory uses may include ticket offices,
restaurants, luggage checking facilities and parcel shipping facilities.
3.10 ALTER
i.
Shall mean, when used in reference to a building or structure or part
thereof, to change or construct any one or more of the internal or
external dimensions of such building or structure, or to change the
type of construction of the exterior walls or roof thereof.
ii.
Shall mean, when used in reference to a lot, to change the width,
depth or area thereof or to change 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
public highway or laneway, whether such alteration is made by
conveyance of any portion of said lot, or otherwise.
October 23, 2006
9
iii.
Shall mean, when used in reference to an excavation on a lot for a pit
or quarry, the establishment, enlargement or change, for purposes of
removal of unconsolidated or consolidated material.
iv.
The words "altered" and "alteration" shall have a corresponding
meaning.
3.11 (OMB Case No. PL060518)
a)
“Animal Pound” means a building, structure or land for keeping stray
or unlicensed animals, especially dogs and cats, until claimed by the
owners.
b)
“Animal Sanctuary” means a building, structure or land for the
purpose of providing a place of refuge or protection for animals.”
3.12 ANTIQUE SHOP
Shall mean a building, or part of a building where antiques and arts and
crafts are offered or kept for sale at retail and may include refinishing and
repair, but does not include any use or establishment otherwise defined or
classified in this By-law.
3.13 ARENA
Shall mean a building, or part of a building, in which the principle facilities
provided are for such recreational activities as curling, skating, hockey,
lacrosse, broomball, or similar athletic activity, and may include concerts,
banquets, home shows and product shows, which facilities may include
dressing rooms, concession booths for the provision of food and
refreshments to the general public, bleachers, plant equipment for the
making of artificial ice and such other facilities as are normally considered
incidental and subordinate thereto.
3.14 ASSEMBLY HALL
Shall mean a building, or part of a building, in which facilities are provided
for such purposes as meetings for civic, educational, political, religious or
social purposes and may include a banquet hall, private club or fraternal
organization.
3.15 ATTIC
Shall mean the portion of a building situated wholly, or in part, within the
roof and which is less than one-half storey in height.
October 23, 2006
10
3.16 AUDITORIUM
Shall mean a building, or part of a building, in which facilities are provided
for athletic, civic, educational, political, religious or social purposes and shall
include an arena, gymnasium, or other similar facility or use.
3.17 BARRIER-FREE
Shall mean that a building and its facilities can be approached, entered, and
used by persons with physical or sensory disabilities.
3.18 BASEMENT
Shall mean that portion of a building between two floor levels which is partly
below grade but which has at least one-half of its height, from finished floor
to finished ceiling, above finished grade.
3.19 BASEMENT, WALKOUT
Shall mean that portion of a building which is partly underground, but which
has more than fifty per cent of the finished floor area greater than 1.8 m (6
ft) below the adjacent finished grade level and which has a door, at or above
the adjacent finished grade, for entrance and exit directly to the outside.
3.20 BATCHING PLANT, ASPHALT OR CONCRETE
Shall mean an industrial facility used for the production of asphalt or
concrete, or asphalt or concrete products used in building or construction and
includes facilities for the administration or management of the business, for
the stockpiling of bulk materials used in the production process or of finished
products manufactured on site and the storage and maintenance or required
equipment, but does not include the retail sale of finished asphalt or concrete
products.
3.21 BED AND BREAKFAST ESTABLISHMENT
Shall mean a single detached dwelling in which the owner and operator
occupies the dwelling and which provides no more than three guest rooms
for the temporary accommodation of the traveling public. A bed and
breakfast establishment may offer breakfast to the registered guests. A bed
and breakfast establishment shall not include a boarding or rooming house, a
motel, motor hotel, hotel, tourist inn, group home, a restaurant or any other
use otherwise defined or classified herein.
October 23, 2006
11
3.22 BOARDING OR ROOMING HOUSE
Shall mean a dwelling in which the proprietor resides and supplies for hire or
gain to other persons, lodging with or without meals. For the purposes of
this By-law, a boarding or rooming house shall not include a motel, motor
hotel, hotel, group home, bed and breakfast establishment, hospital or any
other similar commercial or institutional use defined or classified herein.
Such a dwelling shall provide no more than six (6) rooms rented to roomers
or boarders.
3.23 BOAT HOUSE, PRIVATE (Amended by Amending By-law 2336-2008)
Shall mean a detached one level accessory building or structure which is
designed or used for the sheltering of a boat, watercraft, or other form of
water transportation located on a lot with access and frontage on a water
body and must include an opening of an appropriate size to accommodate a
boat and have a means of accessing the water, either by direct water access
or by mechanical means.
3.24 BUILDING
Shall mean a structure having a roof supported by columns or walls or
supported directly on the foundation and used for the shelter or
accommodation of persons, animals or goods.
3.25 BUILDING, ATTACHED
Shall mean a building otherwise complete in itself, which depends for
structural support or complete enclosure, upon a division wall or walls shared
in common with an adjacent building or buildings.
3.26 BUILDING LINE
Shall mean a line within a lot drawn parallel to a lot line. The building line
establishes the minimum distance between the lot line and the nearest point
of any building or structure which may be erected.
3.27 BUILDING LINE, ESTABLISHED
Shall mean, on any street or private right-of-way, the average setback from
the street line of the existing principal buildings on the nearest three lots
which have been built upon, on the same side of the street.
3.28 BUILDING, PRINCIPLE
Shall mean a building or buildings serving the principal or primary use or
uses of the lot.
October 23, 2006
12
3.29 BUILDING, TEMPORARY
Shall mean a building intended for removal or demolition within a prescribed
time as set out in the building permit.
3.30 BUILDING BY-LAW
Shall mean a by-law passed by the County of Prince Edward under the
authority of the Ontario Building Code Act, R.S.O. l992, and Regulations
passed thereunder, as may be amended, replaced or re-enacted from time to
time.
3.31 BUILDING OFFICIAL, CHIEF
Shall mean the officer employed by the County of Prince Edward charged
with the duty of enforcing the provisions of the Ontario Building Code Act,
R.S.O. 1992, as amended and Regulations passed thereunder and the
Building By-law, as amended.
3.32 BUILDING PERMIT
Shall mean a building permit issued by the Chief Building Official of the
County of Prince Edward or his designate under the Ontario Building Code
Act, R.S.O. 1992 and the Building By-law of the County.
3.33 BUILDING SUPPLY OUTLET
Shall mean the use of any land, building or structure or part thereof, in which
building or construction or home improvement materials are offered or kept
for sale at retail or wholesale and may include outdoor storage and the
fabrication of certain materials related to home improvements but does not
include any use or activity otherwise defined or classified herein.
3.34 BUSINESS, PROFESSIONAL OR ADMINISTRATIVE OFFICE
Shall mean a building or part of a building in which one or more persons are
employed in the management, direction or conducting of a business or where
professionally qualified persons and their staff serve clients who seek advice,
consultation or treatment and for the purposes of this By-law may include
the administrative offices of a non-profit or charitable organization. This
definition does not include a medical or dental clinic.
3.35 BY-LAW
Shall mean the County of Prince Edward Zoning By-law.
October 23, 2006
13
3.36 BY-LAW ENFORCEMENT OFFICER
Shall mean any person or persons appointed by the County by by-law from
time to time for purposes of enforcing by-laws of the County.
3.37 CAMP, SUMMER
Shall mean any land, building or structure used for the purposes of providing
sleeping accommodation, eating facilities and recreational uses, which is not
open or operated on a year-round basis and is operated by a non-profit
organization for its members or as a public service and not as a commercial
operation.
3.38 CAMPING LOT
Shall mean a part of a trailer camp that is to be occupied on a temporary
basis only by a travel trailer, truck camper, mobile camper trailer, tent
trailer, motor home or tent.
3.39 CARPORT
Shall mean a portion of a dwelling which is a roofed enclosure designed for
the storage or parking of a motor vehicle with at least 40 percent of the total
perimeter, which shall include the main wall of the dwelling to which such
carport is attached, is open and unobstructed.
3.40 CARTAGE OR TRANSPORT DEPOT
Shall mean a building, structure or place where trucks or tractor trailers are
rented, leased, kept for hire, or stored or parked for remuneration, or from
which trucks or transports, stored or parked on the property, are dispatched
for hire as common carriers, and which may include a bonded or sufferance
warehouse.
3.41 CELLAR
Shall mean that portion of a building between two floor levels which has
more than one-half of its height from finished floor to finished ceiling below
finished grade.
3.42 CEMETERY
Shall mean land that is set apart or used as a place for the interment of the
dead or in which human bodies have been buried, within the meaning of The
Cemeteries Act, R.S.O. 1990, as amended from time to time and shall
include a pioneer cemetery.
October 23, 2006
14
3.43 CERTIFICATE OF OCCUPANCY
Shall mean a certificate issued by the Chief Building Official or designate for
the occupancy of any land, building, excavation or structure to the effect that
the proposed use or activity complies with this By-law.
3.44 CLUB, COMMERCIAL
Shall mean a building or part of a building used for the purposes of an
athletic, recreational or social club operated for gain or profit.
3.45 CLUB, PRIVATE
Shall mean a building or part of a building used for the purposes of a club,
society or association organized and operated on a non-profit basis
exclusively for social welfare, civic improvement, pleasure or recreation or for
other similar purposes.
3.46 COMMUNITY CENTRE
Shall mean any tract of land, or building or buildings or any part of any
building used for community activities whether used for commercial purposes
or not, the control of which is vested in the County, a local board or agent
thereof.
3.47 CONSERVATION
Conservation shall mean the preservation, protection, or restoration of the
components of the natural environment.
3.48 CONSRUCT
Shall mean to do anything in the erection, installation, extension or material
alteration or repair of a building or structure and includes the installation
of a building unit fabricated or moved from elsewhere.
3.49 CONTRACTOR'S YARD
Shall mean a yard, building and office of a contractor where equipment and
materials are stored or where a contractor performs shop or assembly work
but does not include any other use or activity otherwise defined or classified
herein.
3.50 CONVENIENCE STORE
Shall mean a retail commercial establishment supplying groceries and other
daily household conveniences for sale or rental to the immediate surrounding
area.
October 23, 2006
15
3.51 COUNCIL
Shall mean the Municipal Council of the County of Prince Edward.
3.52 COUNTY/MUNICIPALITY
Shall mean the Corporation of the County of Prince Edward.
3.53 CRAFT SHOP
Shall mean a building or part of a building where crafts, souvenirs and other
similar items are offered or kept for sale at retail to the general public but
shall not include any other establishment otherwise defined or classified
herein.
3.54 CUSTOM WORKSHOP
Shall mean a building or part of a building used by a trade, craft or guild for
the manufacture in small quantities of made-to-measure clothing or articles
including the sale of such products at retail, and, for the purpose of this Bylaw may include but shall not be limited to glass blowing, sewing, weaving,
spinning, furniture making, upholstering or woodworking.
3.55 DAY NURSERY
Shall mean a day nursery operated within the meaning of The Day
Nurseries Act, R.S.O., 1990, as amended and licensed and regulated under
the Day Nurseries Act.
3.56 DEVELOPMENT
Shall mean the construction, erection or placing of one or more buildings or
structures on land; or the making of an addition or alteration to a building or
structure that has the effect of increasing the size or usability of such
buildings or structures.
3.57 DRY CLEANING DISTRIBUTION STATION
Shall mean a building or part of a building used only for the purpose of
collection and distribution of articles or goods of fabric to be subjected to the
process of dry cleaning, dry dyeing, cleaning, and spotting and stain
removing, or the pressing of any such articles or goods which have been
subjected to any such process elsewhere at a dry cleaning establishment.
October 23, 2006
16
3.58 DRY CLEANING ESTABLISHMENT
Shall mean a building or part of a building in which the business of dry
cleaning, dry dyeing, cleaning, stain removal or pressing of articles or goods
of fabric is undertaken.
3.59 DWELLING, APARTMENT
Shall mean a building or part thereof consisting of three or more dwelling
units each of which has an independent entrance either directly from the
outside or through a common vestibule, but shall not include any other
dwelling otherwise defined or classified herein.
3.60 DWELLING, CONVERTED
Shall mean a building originally constructed as a single detached dwelling
which has been subsequently altered or converted so as to provide additional
dwelling units, in accordance with the provisions of this By-law, as amended
and any additional by-laws which may apply.
3.61 DWELLING, DUPLEX
Shall mean a building that is divided horizontally into two (2) separate
dwelling units each of which has an independent entrance either directly from
the outside or through a common vestibule.
3.62 DWELLING, MOBILE HOME
Shall mean a transportable, factory built dwelling designed to be used as a
year-round residential dwelling and has been manufactured to comply with
the Canadian Standards Association (CSA) Standard No. Z240, as amended
or replaced from time to time, but does not include a modular home dwelling,
a park model trailer, a motor home, a mobile camper trailer, a truck camper
or any other dwelling defined in this by-law. For the purposes of this By-law
a single section factory manufactured home shall be deemed to be a "mobile
home dwelling”.
3.63 DWELLING, MODULAR HOME
Shall mean a single detached dwelling that is constructed by assembling, on
a permanent foundation, at least two factory manufactured modular units
each of which comprises at least one room or living area and has been
manufactured in a Canadian Standards Association (CSA) A277 certified
factory. For the purposes of this By-law a modular home dwelling shall be
considered as a single detached dwelling.
October 23, 2006
17
3.64 DWELLING, SEMI-DETACHED
Shall mean a building that is divided vertically by a party wall into two (2)
dwelling units, each of which has an independent entrance either directly
from the outside or through a common vestibule.
3.65 DWELLING, SINGLE DETACHED
Shall mean a building containing one dwelling unit and, for the purpose of
this By-law, may include a modular home dwelling as defined herein, but
does not include any other dwelling or dwelling unit otherwise defined or
classified in this By-law.
3.66 DWELLING, TOWNHOUSE
Shall mean a group of at least three attached separate dwelling units, each
of which has an independent entrance from the outside.
3.67 DWELLING UNIT (Amended by Amending By-law No. 2336-2008)
Shall mean one or more habitable rooms, occupied or capable of being
occupied as a single housekeeping unit only, in which sanitary conveniences
and kitchen facilities are provided, in which a heating system is provided, and
which has a private entrance from outside the building or from a common
hallway or stairway inside. For the purposes of this By-law, a dwelling unit
does not include a tent, trailer, mobile home, or a room or suite of rooms in
a boarding or rooming house, a hotel, motel, motor home or bed and
breakfast establishment.
3.68 DWELLING UNIT AREA
Shall mean the habitable area contained within the inside walls of a dwelling
unit, excluding any private garage, carport, porch, veranda, unfinished attic,
cellar or sunroom (unless such sunroom is habitable in all seasons of the
year); and excluding public or common halls or areas, stairways and the
thickness of outside walls.
3.69 DWELLING UNIT, BACHELOR
Shall mean a dwelling unit consisting of one bathroom, and not more than
two habitable rooms providing therein living, dining, sleeping and kitchen
accommodation in appropriate individual or combination room or rooms.
3.70 EAVE
Shall mean a roof overhang, free of enclosing walls, without supporting
columns.
October 23, 2006
18
3.71 EQUESTRIAN CENTRE
Shall mean the use of land, buildings or structures for the boarding of
horses, training of horses and riders, and staging of equestrian events, but
does not include the racing of horses.
3.72 EQUIPMENT SALES AND RENTAL, LIGHT
Shall mean a building or part of a building or structure in which light
machinery and equipment such as air compressors and related tools and
accessories; augers; automotive tools; cleaning equipment; light compaction
equipment; concrete and masonry equipment; electric tools and accessories;
fastening devices such as staplers and tackers; floor and carpet tools;
gasoline generators; jacks and hydraulic equipment; lawn and garden tools;
ladders; moving equipment; painting and decorating equipment; pipe tools
and accessories; plumbing tools and accessories; pumps; hoses; scaffolding;
welding equipment; and other similar tools and appurtenances are offered or
kept for rent, lease or hire under agreement for compensation, but shall not
include any other establishment defined or classified in this By-law.
3.73 EQUIPMENT SALES AND RENTAL, HEAVY
Shall mean a building or part of a building or structure in which heavy
machinery and equipment such as construction equipment or trailers are
offered or kept for rent, lease or hire under agreement for compensation and
for the purposes of this By-law may include light equipment sales and rental
but shall not include any other establishment defined or classified in this Bylaw.
3.74 ERECT
Shall include setting up, building, altering, constructing, reconstructing and
relocating and, without limiting the generality of the foregoing, also includes:
i.
ii.
iii.
any preliminary physical operation, such as excavating, filling or
grading, including drainage works;
altering any existing building or structure by an addition, enlargement,
extension, relocation or other structural change;
any work for which a building permit is required.
3.75 ESCARPMENTS & OTHER HAZARDOUS SLOPES
As defined in Part III, Section 1.7 and identified in Schedule ‘B’ in the County
Official Plan.
October 23, 2006
19
3.76 EXISTING
Shall mean in existence on the date of passing of this By-law.
3.77 FARM
Shall mean any farming or agricultural use and including but not limited to
apiaries; aviaries; berry or bush crops; breeding, raising of cattle, sheep
goats or swine; commercial greenhouses; hatching, raising and marketing of
chickens, turkeys or other fowl or game birds, fish hatchery;lands used for
grazing, field crops; growing, raising, picking, treating and storing of
vegetable or fruit produce grown on the lands; mushroom farms; nurseries;
sod farms; orchards; tree crops; market gardening; wood lots inclusive of a
maple sugar bush; and such other uses or enterprises as are customarily
carried on in the field of general agriculture. "Farm" shall include buildings
and structures, such as barns and silos, which are incidental to the operation
of the farm.
3.78 FARM MACHINERY SALES AND SERVICE ESTABLISHMENT
Shall mean a building, structure or area where farm machinery and farm
supplies are kept for sale at retail and may include facilities for the servicing
of such machinery but shall not include any other establishment otherwise
defined or classified herein.
3.79 FARM PRODUCE OUTLET
Shall mean a building or structure, or part of a building or structure, in which
products grown or raised on the farm, are offered for sale.
3.80 FILL
Shall mean earth, sand, gravel, rubble or any other material whether similar
or different from any of the aforementioned materials and whether
originating on the site or elsewhere, used or capable of being used to raise or
in any way affect the contours of the ground.
3.81 FILL LINE / REGULATED AREA
Any area prone to a naturally occurring hazard (i.e. lands prone to flooding
during the regulatory 1:100 year storm, areas which may be damaged by
wave uprush or ice piling, dynamic beaches, unstable slopes or unstable
bedrock, organic soils, or any other area prone to a natural hazard) and the
lands adjacent to the hazardous area; as well as watercourses, waterbodies
and wetlands within Prince Edward County. These areas are regulated by
Prince Edward Region Conservation Authority (Quinte Conservation) under
the auspice of Ontario Regulation #173/06 (Prince Edward Region
October 23, 2006
20
Conservation Authority: Regulation of Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses).
3.82 FLOOR AREA, COMMERCIAL, GROSS
Shall mean the total floor area, as hereinafter defined, exclusive of any
portion of the building or structure below finished grade which is used for
heating, the storage of goods or personal effects, laundry facilities,
recreational areas, the storage or parking of motor vehicles or quarters used
by the caretaker, watchman or other supervisor of the building or structures.
3.83 FLOOR AREA, RESIDENTIAL, GROSS
Shall mean the total floor area, as hereinafter defined, exclusive of any
private garage, carport, basement, walkout basement, cellar, porch,
verandah or sunroom unless such sunroom is habitable during all seasons of
the year.
3.84 FLOOR AREA, GROUND
Shall mean the total ground floor area of a building measured between the
exterior faces of the exterior walls exclusive of any parking areas within the
building and in the case of a dwelling exclusive of any basement or cellar or
any private garage, carport, porch, verandah or sunroom, unless such
sunroom is habitable at all seasons of the year.
3.85 FLOOR AREA, TOTAL
Shall mean the aggregate of the horizontal areas of each floor, whether such
floor is above or below grade, measured between the exterior faces of the
exterior walls of the building or structure at the level of each floor.
3.86 FOOD STORE
Shall mean a building or part of a building wherein food and other household
items are kept for sale at retail to the general public and which operates on a
self-service, cash and carry basis.
3.87 FORESTRY
Shall mean the management and cultivation of timber resources to ensure
the continuous production of wood or wood products, provision of proper
environmental conditions for wildlife, protection against floods and erosion,
protection of water supplies, and preservation of the recreation resource and
shall include reforestation areas owned or managed by the Ministry of
Natural Resources or local Conservation Authority or under a plan approved
October 23, 2006
21
by a Registered Professional Forester. Forestry shall not include milling or
wood processing operations.
3.88 FUNERAL HOME
Shall mean a building or part thereof designed for the purpose of furnishing
funeral supplies and services to the public and includes facilities for the
preparation of a dead human body for interment or cremation, but does not
include a crematorium.
3.89 FUEL STORAGE DEPOT
Shall mean an establishment primarily engaged in the bulk storage and
distribution of petroleum, gasoline, fuel oil, gas or other similar products in
fuel storage tanks.
3.90 GARAGE, PRIVATE
Shall mean a detached accessory building or a portion of a dwelling which is
designed or used for the sheltering of a private motor vehicle and storage of
household equipment incidental to the residential occupancy of the lot and
which is roofed and fully enclosed by walls. For the purposes of this By-law a
private garage excludes a carport or other open shelter.
3.91 GARDEN AND NURSERY SALES AND SUPPLY ESTABLISHMENT
Shall mean a building or part of a building and land adjacent thereto for
growing or displaying of flowers, fruits, vegetables, plants, shrubs, trees, or
similar vegetation which is sold to the public at retail and shall also include
the sale of such goods, products and equipment as are normally associated
with gardening or landscaping.
3.92 GOLF DRIVING RANGE
Shall mean a public or private area operated for the purpose of developing
golf techniques, including a miniature golf course, but excluding a golf
course.
3.93 GOLF COURSE
Shall mean a public or private area operated for the purpose of playing golf,
inclusive of club house facilities, accessory driving ranges or putting greens,
but does not include any other uses defined herein.
October 23, 2006
22
3.94 GOLF COURSE, MINIATURE
Shall mean an area designed for the purpose of a novelty golf game played
with a putter on a miniature golf course having tunnels, bridges, sharp
corners or other similar obstacles.
3.95 GRADE, FINISHED
Shall mean the average elevation of the finished surface of the ground
adjacent to a building or structure.
3.96 GREENHOUSE, COMMERCIAL
Shall mean a building or structure for the growing of flowers, fruits,
vegetables, plants, shrubs, trees and similar vegetation, which are not
necessarily planted outdoors on the same lot containing such greenhouse,
and which are sold directly from such lot at wholesale or retail.
3.97 GROUP HOME
Shall mean a residence that is licensed or funded under an Act of the
Parliament of Canada or an Act of the Province of Ontario, for the
accommodation of three to ten persons, exclusive of staff, living under
supervision in a single housekeeping unit, and who, by reason of their
emotional, mental, social or physical condition or legal status, require a
group living arrangement for their well being. For the purposes of this
definition, staff includes all those individuals providing supervision or
assistance to those residing in the home.
3.98 GUEST
Shall mean a person, other than a boarder, who contracts for
accommodation and includes all the members of the person's party.
3.99 GUEST ROOM
Shall mean a room or suite of rooms used or maintained for the
accommodation of individuals to whom hospitality is extended for
compensation.
3.100 HABITABLE ROOM
Shall mean a room designed for living, sleeping, eating or food preparation,
including but not limited to, a den, library, sewing-room or enclosed
sunroom.
October 23, 2006
23
3.101 HEAVY TRUCK
Shall mean a commercial vehicle having a net weight of three thousand
Kilograms (3,000 kg) or more, but does not include the following:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
any vehicle of a police or fire department;
any vehicle operated on behalf of the Corporation;
any vehicle operated on behalf of the Public Utilities Commission;
an ambulance;
any vehicle operated on behalf of a telephone, natural gas or hydro
electric services company;
any passenger vehicle;
any school bus or transit bus which is in the course of transporting
people; and,
any recreational vehicle or other facility designed exclusively to
provide camping accommodations.
3.102 HEIGHT, OF WINDMILL
Shall mean the vertical distance measured between the lowest grade
elevation at the base of the tower and the highest point of the tower,
exclusive of blade length.
3.103 HEIGHT AND BUILDING HEIGHT, OTHER THAN WINDMILL
Shall mean the vertical distance measured between the finished grade at the
front of the building, and:
i.
ii.
in the case of a flat roof, the highest point of the roof surface or the
parapet, whichever is the greater;
in the case of a mansard roof, the deck line; and
n the case of a gable, hip or gambrel roof, the mean height between
the eaves and ridge, exclusive of any accessory roof construction such
as a chimney, tower, steeple, television antenna, mechanical
penthouse or elevator shaft.
3.104 HIGHWAY
Shall mean a highway as defined in the Municipal Act R.S.O. 2001, as
3.105 HOME BUSINESS OR HOME BUSINESS, RURAL
Shall mean an accessory use of a dwelling unit, and, where expressly
permitted by this By-law, any accessory buildings to conduct a business
activity, subject to the provisions of Sections 4.11 and 4.12 of this By-law.
October 23, 2006
24
3.106 HOTEL
Shall mean an establishment that consists of one or more than one building
containing three or more rental units, accessible from the interior, which
cater to the needs of the traveling public by furnishing sleeping
accommodation with or without facilities for serving meals but does not
include any other use or activity defined herein or an adult entertainment
parlour as defined in Section 222 of the Municipal Act, R.S.O. 1990, as
amended.
3.107 KENNEL
Shall mean a building or structure used for the breeding, raising, sheltering
and/or boarding of more than three dogs or cats.
3.108 LANDSCAPED OPEN SPACE
Shall mean the open unobstructed space from ground to sky at finished
grade which is on a lot accessible by walking from the street on which the lot
is located and which is suitable for the growth and maintenance of grass,
flowers, bushes and other landscaping and includes any natural
existing vegetation, surfaced walk, patio or similar area but does not include
any driveway or ramp, whether surfaced or not, any curb, retaining wall,
parking area or any open space beneath or within any building or structure.
3.109 LAUNDROMAT
Shall mean a building or structure where the services of coin-operated
laundry machines, using only water, detergents and additives, are made
available to the public for the purpose of laundry cleaning.
3.110 LIBRARY
Shall mean a public library within the meaning of The Public Libraries Act,
R.S.O., 1990, as amended.
3.111 LIVESTOCK
Shall mean farm animals kept for use, for propagation, or for intended profit
or gain and without limiting the generality of the foregoing includes dairy and
beef cattle, horses, swine, sheep, laying hens, chicken and turkey broilers,
turkeys, goats geese, mink and rabbits.
3.112 LIVESTOCK FACILITIES
Shall mean barns, buildings and structures where animals are housed or
capable of being housed and shall also include beef feedlots and the
associated manure storage facilities.
October 23, 2006
25
3.113 LIVESTOCK HOUSING CAPACITY
Shall mean the total maximum number of livestock that can be
accommodated in a livestock facility at any one time.
3.114 LIVESTOCK UNIT
Shall mean the equivalent values for various types of animals and poultry
based upon manure production and population cycles, as defined by
Provincial regulation.
3.115 LOADING SPACE
Shall mean an off-street space on the same lot as the building or contiguous
to a group of buildings for the temporary parking of a commercial vehicle,
while loading or unloading merchandise or materials, which space abuts a
street, lane, road, highway or other appropriate means of access.
3.116 LOT
i.
ii.
Shall mean a parcel of land under distinct and separate ownership
from abutting lands; and either
(a)
described in a deed or other legal document which is legally
capable of conveying title to such land; or
(b)
described as a lot or block on a registered Plan of Subdivision;
or
(c)
created by the consent provisions, s. 53 of Planning Act RSO
1990, c.P.13 as amended, regardless of whether the parcel is
severed or retained.
Notwithstanding the provisions of subsection (i.) above, a “lot” created
by a scheme or method intended to avoid the consent and subdivision
requirements of the Planning Act R.S.O. 1990, c.P. 13 as amended
(including, without limiting the generality of the foregoing, a
“checkerboarding” scheme of “lots” created by reference deposit plans
or registrar’s deposit plans) or any predecessor or successor thereof,
shall not be recognized as a lot for the purposes of this By-law.
3.117 LOT AREA
Shall mean the total horizontal area bounded by the lot lines of a lot,
excluding the horizontal area of such lot covered by water or marsh.
3.118 LOT, CORNER
Shall mean a lot having continuous street frontage along two or more
streets.
October 23, 2006
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3.119 LOT COVERAGE
Shall mean the percentage of the lot area covered by buildings or structures
but excluding uncovered parking areas, driveways and walkways.
3.120 LOT DEPTH
Shall mean the horizontal distance between the front and rear lot lines. If
the front and rear lot lines are not parallel, "lot depth" shall mean the length
of a straight line joining the middle of the front lot line with the middle of the
rear lot line. When there is no rear lot line, "lot depth" shall mean the length
of a straight line joining the middle of the front lot line with the apex of the
triangle formed by the side lot lines.
3.121 LOT FRONTAGE
Shall mean the horizontal distance between the side lot lines measured along
the front lot lines. Where the front lot line is not a straight line or where the
side lot lines are not parallel, the lot frontage is to be measured by a line
parallel to the chord of the lot frontage and a distance from the front lot line
equal to the required depth of the front yard. For the purposes of this Bylaw the chord of the lot frontage is a straight line joining the two points
where the side lot line intersects the front lot line.
3.122 LOT, INTERIOR
Shall mean a lot other than a corner lot.
3.123 LOT LINE
Shall mean any boundary of a lot.
3.124 LOT LINE, FRONT
(Amended by Amending By-law No. 2336-2008)
Shall mean:
i.
ii.
iii.
The lot line that divides the lot from the improved public street.
In the case of a corner lot, the shorter lot line abutting a street or
private right-of way shall be deemed the front lot line and the longer
lot line abutting a street or private right-of-way shall be deemed an
exterior side lot line. In the case of a corner lot where both lot lines
are the same length, the lot line where the principle access to the lot is
provided shall be deemed to be the front lot line.
In the case of a through lot, the lot line abutting an improved public
street shall be deemed to be the front lot line.
October 23, 2006
iv.
v.
vi.
vii.
27
In the case of a through lot abutting two improved public streets, the
lot line where the principal access to the lot is provided shall be
deemed to be the front lot line.
Where a lot abuts a private right-of-way, and does not abut an
improved public street or navigable waterway, the lot line abutting the
private right-of-way shall be deemed to be the front lot line.
Where a lot abuts a navigable waterway and a street or private rightof-way, the lot line abutting the street or private right-of-way shall be
deemed to be the front lot line.
Where a lot abuts a navigable waterway, and does not abut a street or
private right-of-way, the shoreline abutting the navigable waterway
and measured at the high water mark, shall be deemed to be the front
lot line.
3.125 LOT LINE, REAR
Shall mean the lot line, other than a front or side lot line, which is farthest
from and opposite to the front lot line. In the case of a lot where the side
lots lines converge at a single point the lot shall be deemed to not have a
rear lot line.
3.126 LOT LINE, SIDE
Shall mean a lot line other than a front or rear lot line.
3.127 LOT, THROUGH
Shall mean a lot bounded on two opposite sides by improved public streets or
on one side by an improved public street and on the opposite by a
waterbody.
3.128 MANUFACTURING, LIGHT
Shall mean a plant which is wholly enclosed and where the process of
producing a product exhibits reasonably high performance standards and
whose operations are not considered offensive because of heat, smoke,
odour, gases, noise or dust.
3.129 MANUFACTURING, PROCESSING, ASSEMBLING OR FABRICATING
PLANT
Shall mean a plant in which the process of producing any product, by hand or
mechanical power and machinery, is carried on systematically with division of
labour.
October 23, 2006
28
3.130 MANURE STORAGE FACILITY
Shall mean a steel, concrete or other containment system, with or without a
roof or covering enclosing the surface area of the container, used for the
storage of livestock manure, as defined by Provincial regulation.
3.131 MARINA
Shall mean a building, structure or place, including docking facilities located
on a waterbody, where boats and boat accessories are kept, stored, serviced,
repaired or kept for sale and where facilities for the sale of marine fuels and
lubricants may be provided and for the purposes of this By-law may include
facilities for the operation of boat charters.
3.132 MARINE FACILITY
Marine facility shall mean an accessory building or structure which is used to
place a boat into or take a boat out of a waterbody; or to moor, to berth or
to store a boat. This definition may include a boat launching ramp, boat lift,
dock, or boathouse, but shall not include any building used for human
habitation or any boat service repair or sales facility.
3.133 MARINE SALES AND SERVICE ESTABLISHMENT
Shall mean a building or part of a building and associated lands where new
and used boats, boat accessories and water craft are displayed for sale at
retail or for rental, and where marine equipment is serviced or repaired and
may include boat storage facilities.
3.134 MEDICAL OR DENTAL CLINIC
Shall mean a building or part of a building where members of the medical
profession, dentists, chiropractors, osteopaths, optometrists, physicians,
physiotherapists or occupational therapists, either singularly or in union,
provide diagnosis and treatment to the general public without overnight
accommodation and shall include such uses as reception areas, offices for
consultation, X-ray and minor operating rooms, a dialysis unit, a
pharmaceutical dispensary and a coffee shop and shall not include any other
use or activity otherwise defined or classified in this By-law.
3.135 MOBILE HOME SITE
Shall mean a parcel of land for the placement of a mobile home dwelling in a
mobile home park and for the exclusive use of its occupants.
October 23, 2006
29
3.136 MOBILE HOME PARK
Shall mean land which has been provided and designed for the location
thereon of two (2) or more occupied mobile dwelling homes.
3.137 MOTEL
Shall mean a tourist establishment which consists of one or more than one
building containing three or more attached accommodation units, accessible
from either the interior or exterior, which cater to the needs of the traveling
public by furnishing sleeping accommodation with or without facilities for the
serving of meals.
3.138 MOTOR HOME
Shall mean any motor vehicle designed and constructed to be used as a selfcontained, self-propelled unit, capable of being utilized for the temporary
living, sleeping or eating accommodation of persons for recreational
purposes.
3.139 MOTOR VEHICLE
Shall mean a motor vehicle within the meaning of The Highway Traffic Act,
R.S.O. 1990, as amended.
3.140 MOTOR VEHICLE, BODY SHOP
Shall mean a building or structure used for the painting or repairing of motor
vehicle bodies, exterior, or undercarriage, and in conjunction with which
there may be a towing service and motor vehicle rentals for customers while
the motor vehicle is under repair, but shall not include any other use or
activity otherwise defined or classified in this By-law.
3.141 MOTOR VEHICLE, COMMERCIAL
Shall mean a commercial motor vehicle within the meaning of The Highway
Traffic Act, R.S.O. 1990, as amended.
3.142 MOTOR VEHICLE, DERELICT
Shall mean a motor vehicle within the meaning of the Highway Traffic Act,
R.S.O., 1990, as amended, whether or not same is intended for use as a
private passenger motor vehicle or not, which is inoperable and has no
market value as a means of transportation or has a market value that is less
than the cost of repairs required to render the said motor vehicle operable.
October 23, 2006
30
3.143 MOTOR VEHICLE DEALERSHIP
Shall mean a building or structure where a dealer displays new motor
vehicles for sale or lease or where used motor vehicles are kept for sale in
conjunction with which there may be a motor vehicle repair garage, a motor
vehicle service station or a motor vehicle body shop, but shall not include
any other use or activity otherwise defined or classified in the By-law.
3.144 MOTOR VEHICLE FUEL BAR
Shall mean one or more pump islands, each consisting of one or more motor
vehicle fuel pumps, and a shelter and may include a canopy and may include
facilities for the refilling of propane tanks and may include the sale of
automotive accessories, antifreeze and additives, but shall not include any
other use or activity otherwise defined or classified in this By-law.
3.145 MOTOR VEHICLE REPAIR GARAGE
Shall mean a building or structure where the services performed or executed
on motor vehicles for compensation shall include the installation of exhaust
systems, repair of the electrical systems, transmission repair, brake repair,
radiator repair, tire repair and installation, rust proofing, motor vehicle
diagnostic centre, major and minor mechanical repairs or similar use and in
conjunction with which there may be a towing service, a motor vehicle
service station and motor vehicle rentals for the convenience of the customer
while the motor vehicle is being repaired, but shall not include a salvage yard
or any other use or activity otherwise defined or classified in this By-law.
3.146 MOTOR VEHICLE SALES LOT
Shall mean a lot used for the display of new or used motor vehicles for retail
sale or lease to the public but such use shall not include the sale of gasoline
or other fuels.
3.147 MOTOR VEHICLE SERVICE STATION
Shall mean a building or structure where gasoline, propane, oil, grease,
antifreeze, tires, tubes, tire accessories, electric light bulbs, spark plugs,
batteries and automotive accessories for motor vehicles, or similar
automotive products are stored or kept for sale to the general public, or
where motor vehicles may be oiled, greased or washed, or have their ignition
adjusted, tires inflated or batteries charged, or where only minor mechanical
or running repairs essential to the actual operation of motor vehicles are
executed or performed and may include facilities for the refilling of propane
tanks.
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3.148 MOTOR VEHICLE WASHING ESTABLISHMENT
Shall mean a building or structure containing facilities for washing motor
vehicles by production line methods which may include a conveyor system or
similar mechanical devices. This definition may also include a self-service car
wash.
3.149 MOTOR VEHICLE WRECKING YARD
See Salvage Yard.
3.150 MUNICIPAL, PROVINCIAL MAINTENANCE DEPOT/WORKS YARD
Shall mean any land, building or structure owned by the County of Prince
Edward or the Province of Ontario used for the storage, maintenance or
repair of equipment, machinery, materials or motor vehicles used in
connection with civic works and shall include a public works yard.
3.151 NON-COMPLYING
Shall mean any lot, building, structure, pit or quarry that does not meet the
requirements of this By-law other than the provisions of the By-law
pertaining to permitted uses.
3.152 NON-CONFORMING
Shall mean the use of any lot, building or structure which is not permitted
by the zone in which the land, building or structure is located.
3.153 NON-RESIDENTIAL
When used to describe a use, building or structure, shall mean designed,
intended or used for purposes other than those of a dwelling.
3.154 NURSING HOME
Shall mean any building maintained and operated for persons requiring
nursing care, which is licensed under The Nursing Homes Act, R.S.O., 1990,
as amended, replaced or re-enacted from time to time.
3.155 OUTDOOR FURNACE / HEATING APPLIANCE
Shall mean a device or appliance, primarily designed for outdoor use to
convert solid fuel into energy and includes all components, controls, wiring
and piping required to be part of the device or appliance and shall be
installed in conformance with any applicable standard or code. For the
purpose of this section solid fuel shall be defined as any recognized energy
source including wood, coal, peat, grain, coke or any manufactured product
October 23, 2006
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so approved for said appliance, but does not include garbage / waste of any
kind.
3.156 OUTSIDE OR OPEN STORAGE
Shall mean the storage of goods in the open air and/or in covered portions of
buildings which are open to the air on the sides.
3.157 PARK, PRIVATE
Shall mean any open space or recreational area other than a public park
which is owned, operated and maintained on a commercial or private
member basis and which may include therein one or more of the following
facilities and activities: swimming, wading, boat docking facilities and picnic
areas.
3.158 PARK, PUBLIC
Shall mean any open space or recreational area, owned or controlled by the
Corporation or by any Board, Commission or other Authority established
under any statute of the Province of Ontario and may include neighbourhood,
community, regional and special parks or areas. The park may include one
or more athletic fields, field houses, community centres, bleachers,
swimming pools, greenhouses, botanical gardens, zoological gardens,
bandstands, skating rinks, tennis courts, bowling greens, boat liveries,
bathing stations, camping areas, curling rinks, refreshment rooms, fair
grounds, arenas, golf courses or similar uses. Uses may also include a
farmers market as approved by the County, and storm water management
facilities.
3.159 PARKING ANGLE
Shall mean the angle which is equal to or less than a right angle, formed by
the intersection of the side of the parking space and a line parallel to the
aisle.
3.160 PARKING AREA
Shall mean an area provided for the parking of motor vehicles and may
include aisles, parking spaces, pedestrian walkways, and related ingress and
egress lanes, but shall not include any part of a public street.
3.161 PARKING LOT
Shall mean any commercial or public parking area other than a parking area
accessory to a permitted use.
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3.162 PARKING SPACE
Shall mean an area, exclusive of any aisles, ingress or egress lanes, for the
parking or storage of motor vehicles and may include a private garage.
3.163 PERMITTED
Shall mean a use permitted by this By-law.
3.164 PERSON
Shall mean 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.
3.165 PIT
Shall mean land or land under water from which unconsolidated aggregate is
being or has been excavated and that has not been finally rehabilitated but
does not mean land or land underwater excavated for a building or structure
on the excavation site or in relation to which an order has been made under
Section 1(3) of the Aggregate Resources Act as amended from time to time.
3.166 PIT, WAYSIDE
Shall mean a temporary pit opened and used by a public authority, or their
agents, for the purpose of road construction or an associated road project or
contract and which is not located on the road right-of-way.
3.167 PLACE OF ENTERTAINMENT
Shall mean a motion picture or other theatre, auditorium, public hall, billiard
hall, bowling alley, ice or roller skating rink, dance hall or music hall, but for
the purposes of this By-law does not include any other use or activity
otherwise defined or classified in this By-law or an adult entertainment
parlour as defined in the Municipal Act, R.S.O., 1990, as amended from time
to time.
3.168 PLACE OF WORSHIP
Shall mean a building dedicated to religious worship and includes a church,
synagogue or assembly hall and may include such accessory uses as a
nursery school or a school of religious education
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3.169 POWER GENERATION FACILITY
Shall mean a building or structure or part thereof where electricity is
generated.
3.170 PROCESSING PLANT - AGGREGATE
Shall mean a building or structure and/or equipment for the crushing,
screening or washing of sand and gravel aggregate materials, and includes a
concrete batching plant or an asphalt plant.
3.171 PRINTING ESTABLISHMENT
Shall mean a building or part of a building used for printing regardless of the
method, the publishing of newspapers, periodicals, books, documents, maps
and similar items, the reproduction and duplication of printed material as a
copying service to businesses or the public and includes the sale and
servicing of printing and duplicating equipment and supplies.
3.172 PRIVATE HOME DAY CARE
Shall mean the temporary care for reward or compensation of five
children or less who are under ten years of age where such care is
provided in a private residence, other than the home of a parent or
guardian of any such child, for a continuous period not exceeding
twenty-four hours.
3.173 PROVINCIAL HIGHWAY
Shall mean a street under the jurisdiction of the Ministry of Transportation.
3.174 PUBLIC AUTHORITY
Shall mean the Corporation of the County of Prince Edward and any Federal,
Provincial or Municipal agencies, and includes any commission, board,
authority or department established by such agency.
3.175 PUBLIC USE
Shall mean a building, structure or land used for the provision of services by
the County, any Authority, Board, Commission, Department, Ministry or
Crown Corporation established under any statute of Ontario or Canada, any
telephone or telegraph company, any public utility corporation, or any
railway company authorized under The Railway Act.
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3.176 PUMP HOUSE
Shall mean a detached accessory structure, used for the sheltering of a water
pump.
3.177 QUARRY
Shall mean land or land under water from which consolidated aggregate is
being or has been excavated, and that has not been finally rehabilitated, but
does not mean land or land under water excavated for a building or structure
on the excavation site or in relation to which an order has been made under
Section 1(3) of the Aggregate Resources Act as amended from time to time.
3.178 QUARRY, WAYSIDE
Shall mean a temporary quarry opened and used by a public authority, or
their agents, for the purpose of road construction or an associated road
project or contract and which is not located on the road right-of-way.
3.179 RECREATIONAL VEHICLE
Shall mean any vehicle so constructed that it is no wider than 2.5 m (8.2 ft)
and is suitable for being attached to a motor vehicle for the purposes of
being drawn or is self-propelled, and is capable of being used on a shortterm recreational basis for living, sleeping or eating accommodation of
persons and includes a motor home, travel trailer, tent trailer or camper.
3.180 RECREATIONAL VEHICLE SALES AND SERVICE ESTABLISHMENT
Shall mean a building or part of a building and associated lands where new or
used recreational vehicles and accessories are displayed for sale at retail or
for rental, and where recreational vehicles are serviced or repaired and may
include storage facilities.
3.181 RECYCLING DEPOT
Shall mean a building or part of a building in which used material is
separated and processed prior to shipment to others who will use those
materials to manufacture new products.
3.182 REGULATORY FLOOD ELEVATION / FLOOD PLAIN
Shall mean the area adjoining a lake, river, stream, wetland or watercourse
which is susceptible to flooding during the regulatory flood event standard of
the Conservation Authority.
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3.183 RESORT ESTABLISHMENT
Shall mean a establishment that operates throughout all or part of the year,
that has facilities for serving meals including indoor/outdoor dining facilities
and may include overnight accommodation in guest rooms or suites and may
include facilities such as conference facilities and meeting rooms and
swimming pools, saunas, spas, tennis courts and other similar recreational
activities, but shall not include a golf course unless such use is specifically
permitted in the applicable zone.
3.184 RESTAURANT
Shall mean a building where food and beverages are offered for sale to the
public for consumption at tables or counters primarily inside the building on
the lot and shall include a tea room, cafe and ice cream parlour. As an
accessory use a take-out service of food and beverages for off-site
consumption may be provided, as may an outdoor patio or eating area, but
does not include any other restaurant type defined herein.
3.185 RESTAURANT, DRIVE THRU
Shall mean a building in which the design of the physical facilities, the
serving or packaging procedures permit or encourage the purchase of
prepared, ready-to-eat foods from a motor vehicle, but shall not include any
other restaurant type defined herein.
3.186 RESTAURANT, MOBILE
Shall mean a vehicle, trailer or cart that is not placed on a permanent
foundation, which is equipped for cartage, storage and the preparation of
food stuffs, beverages, confections, and such items are offered directly for
consumption to the general public, and includes a chip wagon, a mobile
canteen and other refreshment vehicles, licensed by the County, but shall not
include any other restaurant type defined herein.
3.187 RETAIL COMMERCIAL ESTABLISHMENT
Shall mean a building, or part of a building, in which goods, wares,
merchandise, substances, articles or services are offered or kept for sale at
retail or on a rental basis.
3.188 RETIREMENT HOME
Shall mean any multiple dwelling containing accommodation to be available
only to persons who are at least 55 years of age and containing separate
dwelling units or rooms and common dining, living and recreation areas. The
common areas shall be available to all residents of the retirement home on a
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daily basis. The dining area shall not function as a public dining facility or
restaurant. The accommodation shall be used as the principal residence of
the occupants and shall not be provided on a transient basis. For the purpose
of this By-law, a retirement home shall exclude a boarding or lodging house
or a hotel.
3.189 ROAD OR RIGHT-OF-WAY, PRIVATE
Shall mean a road or right-of-way which affords access to abutting lots but is
not available for use by the general public, is privately owned and
maintained, and does not include a street, road or highway as herein defined.
3.190 SALVAGE YARD
Shall mean an establishment where goods, wares, merchandise, articles or
things are processed for further use and where such goods, wares,
merchandise, articles or things are stored wholly or partly in the open and
includes a junk yard, a scrap metal yard and a motor vehicle wrecking yard.
For the purposes of this By-law a motor vehicle wrecking yard shall mean an
establishment at which used motor vehicle parts are stored outside and/or
within a building or structure, and may include a motor vehicle repair garage,
motor vehicle service station, a motor vehicle body shop or a motor vehicle
sales lot.
3.191 SANCTUARY, ANIMAL
Shall mean land, a building or structure or part thereof that serves as a place
of refuge or protection for lost, abandoned or neglected animals.
3.192 SCHOOL, PUBLIC
Shall mean a school under the jurisdiction of a Board as defined by the
Ministry of Education.
3.193 SCHOOL, PRIVATE
Shall mean a school other than a public school or a commercial school as
otherwise defined or classified in this By-law.
3.194 SENIOR CITIZENS' HOUSING COMPLEX
Shall mean any multiple dwelling for senior citizens, containing separate
dwelling units or rooms with a common dining area, sponsored and
administered by any public agency or service club, church or non-profit
organization, which obtains its financing from Federal, Provincial or Municipal
Governments or agencies, or by public subscription or donation, or by a
combination thereof, and such homes may include auxiliary uses such as club
or lounge facilities usually associated with a senior citizens' development.
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3.195 SEPTIC SYSTEM
Shall mean septic system as defined in the Ontario Building Code Act, R.S.O.
1992 and Regulations.
3.196 SERVICE SHOP, MERCHANDISE
Shall mean a building or part of a building where articles or goods such as
appliances, furniture or similar items may be repaired, serviced and sold.
3.197 SERVICE SHOP, PERSONAL
Shall mean a building or part of a building in which services such as
barbering, hairdressing, therapeutic massage, manicures and tanning are
provided.
3.198 SETBACK
Shall mean the horizontal distance from the nearest wall of any building or
structure, or open storage use, or excavation, to the lot line, street line, high
water mark, or zone boundary, or the edge of the fill area or treatment
facility or to another line, whichever is designated in the phrase in which the
term “setback” is used.
3.199 SEWAGE TREATMENT FACILITY
Shall mean a building or structure approved by the Ministry of the
Environment, and operated by the County, where domestic and / or
industrial waste is treated and for the purposes of this by-law shall include a
sewage lagoon.
3.200 SEWER, SANITARY
Shall mean a system of underground conduits, operated by the County,
which carries sewage to the sewage treatment facility.
3.201 SIGHT TRIANGLE
Shall mean an area on a corner lot that is free of buildings, structures and
other obstructions which limit visibility and sightlines at the intersection of
two streets. The sight triangle is to be determined as set out in Section 4.24
of this By-law. A sight triangle is not necessarily public land or land to be
conveyed to the County.
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3.202 SITE GRADING
Shall mean to raise, lower or in any way affect or alter the contours of the
ground on the site.
3.203 SMALL ENGINE SALES AND SERVICE ESTABLISHMENT
Shall mean a building or part of a building and land adjacent thereto, where
snowmobiles, motorcycles, lawn mowers and small engines or parts are
displayed for sale at retail, or for rental and where mechanical repairs are
completed.
3.204 STOREY
Shall mean the portion of a building which is situated between the top of any
floor and the top of the floor next above it, and if there is no floor above it,
that portion between the top of such floor and the ceiling above it.
3.205 STOREY, FIRST
Shall mean the storey of a building closest to finished grade having its ceiling
l.8 metres (6 feet) or more above average finished grade.
3.206 STOREY, ONE-HALF
Shall mean that portion of a building situated wholly or in part within the roof
and having its floor level not lower than l.2 m (4 ft) below the line where roof
and outer wall meet and in which there is sufficient space to provide a
distance between finished floor and finished ceiling of at least 2.l m (7 ft)
over a floor area equal to at least 50 percent of the area of the floor next
below.
3.207 STREET OR ROAD
Shall mean a highway as defined in this By-law and does not include a
private road or private right-of-way as defined in this By-law.
3.208 STREET OR ROAD, IMPROVED PUBLIC
Shall mean a street or road which has been assumed for public use, under
the jurisdiction of the Province of Ontario or the County which is maintained
year round.
3.209 STREET OR ROAD, UNIMPROVED
Shall mean a street or road that has not been assumed or maintained by the
County.
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3.210 STREET LINE
Shall mean the limit of the street or road allowance and is the dividing line
between a lot or block and street or road.
3.211 STRUCTURE
Shall mean anything constructed or erected, the use of which requires
location on or in the ground, or attached to something having location on the
ground.
3.212 SWIMMING POOL
Shall mean a water-filled enclosure, permanently constructed or portable,
having the capability of a depth of more than 61 centimeters (24 inches).
3.213 TAXI DEPOT
Shall mean a building or part of building and land adjacent thereto where a
taxi and/or limousine service is based and may include a parking area and
dispatch office.
3.214 TENT
Shall mean every kind of temporary shelter to which the term is normally
considered to apply and that is not permanently affixed to the site and that is
capable of being easily moved and is not considered a structure.
3.215 TOURIST COTTAGE / CABIN
Shall mean a building to accommodate one or more guests, which contains at
least two rooms, that is at least partially furnished and in which the guest is
permitted to prepare and cook food, but shall not include a dwelling as herein
defined.
3.216 TOURIST ESTABLISHMENT
Shall mean any building, structure or area operated to provide sleeping
accommodation for the traveling public or the public engaging in recreational
activities, and includes the services and facilities in connection with which
sleeping accommodation is provided, and without limiting the generality of
the term, also includes one or more tourist cottages, but does not include:
i.
ii.
iii.
a camp operated by a charitable corporation approved under the
Charitable Institutions Act, R.S.O., 1990 as amended;
a summer camp within the meaning of the regulations made under the
Health Protection and Promotion Act, R.S.O., 1990, as amended; or
a club owned by its own members and operated without profit or gain.
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3.217 TOURIST INN
Shall mean one or more buildings where a total of four or more guest rooms
are provided for the sleeping accommodation of the traveling public and
which may include common dining, recreational, meeting or other ancillary
facilities but shall exclude a rooming or boarding house, a bed and breakfast
establishment, or other accommodation otherwise defined herein.
3.218 TRAILER
Shall mean a vehicle that is at any time drawn upon a highway by a motor
vehicle, except an implement of husbandry, another motor vehicle or any
device or apparatus not designed to transport persons or property,
temporarily drawn, propelled or moved upon such highway, and except a
side car attached to a motorcycle; which shall be considered a separate
vehicle and not part of the motor vehicle by which it is drawn, and, for the
purposes of this By-law does not include a mobile home dwelling as defined
herein.
3.219 TRAILER, MOBILE CAMPER
Shall mean any trailer in which the assembly can be erected, while
stationary, using the trailer body and related components for support and
utilized for temporary living, shelter and sleeping accommodation of persons
for recreational purposes, with or without cooking facilities and which is
collapsible and compact while being drawn by a motor vehicle and shall
include a tent trailer and pop up trailer, but shall not include a mobile home
dwelling, a travel trailer or a park model trailer as defined herein.
3.220 TRAILER, PARK MODEL
Shall mean a recreational unit mounted on a single chassis, mounted on
wheels designed to facilitate relocation from time to time, and designed as
temporary living quarters for camping and may be connected to those
utilities necessary to supply those installed facilities, with a gross floor area
2
including lofts not exceeding 50 m (538 sq. ft.) in set up mode, and having
a width greater than 2.6 m (8.5 ft.) in the transit mode and manufactured to
comply with Canadian Standards Association (CSA) Standard No. Z241, as
amended or replaced from time to time. A park model trailer shall not by
used as a single detached dwelling or as a mobile home dwelling.
3.221 TRAILER, TRAVEL
Shall mean any trailer designed and constructed so that it is suitable for
being attached to a motor vehicle for the purpose of being drawn or
propelled by the motor vehicle and is capable of being utilized for the
temporary living, sleeping or eating accommodation of persons for
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recreational purposes and shall include a fifth wheel trailer, but shall not
include a mobile home dwelling or a park model trailer as defined herein.
3.222 TRAVEL TRAILER PARK (Amending By-law No. 2252-2008)
Shall mean a parcel of land which is developed and managed as a unit
for recreational or vacation use and designed and used for seasonal
occupancy only. Camping lots are made available on a rental or lease
basis for the placing of recreational vehicles, motor homes and park
model trailers, but not including mobile home dwellings. The
ownership and responsibility for the maintenance of private internal
roads, services, communal areas and buildings, and garbage
collection, together with general park management, rests with the
owner. Such parcel is not the subject of a Registered Plan of
Subdivision defining individual lots legally capable of conveying title
and shall not include a mobile home park or any use as may otherwise
be defined in this By-law.
3.223 TRUCK CAMPER
Shall mean any unit designed and constructed so that it may be temporarily
attached to a motor vehicle as a separate unit and capable of being utilized
for the temporary living, sleeping or eating accommodation of persons for
recreational purposes.
3.224 USE
Shall mean, when used as a noun, the purpose for which a lot or building or
structure, or any combination thereof, is designed, arranged, occupied or
maintained and when used as a verb, "used" shall have a corresponding
meaning.
3.225 VEHICLE
Shall mean a motor vehicle, motorcycle, motor assisted bicycle, traction
engine, farm tractor, road-building machine, self-propelled implement of
husbandry, and any other vehicle propelled or driven other than by muscle
power, but not including motorized snow vehicle, or street car or other motor
vehicle running only upon rails.
3.226 VETERINARIAN
Shall mean a person registered under the provisions of the Veterinarians Act,
R.S.O. 1990, as amended, replaced or re-enacted from time to time.
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3.227 VETERINARY CLINIC
Shall mean a building or part of a building in which facilities are provided for
the prevention, cure and alleviation of disease and/or injury to animals and
birds, and the care of animals and birds, and in conjunction with there may
be facilities provided for the sheltering of animals during treatment.
3.228 WAREHOUSE
Shall mean a building or part of a building used for the storage and
distribution of goods, wares, merchandise, substances, articles or things, and
may include facilities for a wholesale or retail commercial outlet, but shall not
include a cartage or transport depot as defined herein.
3.229 WASTE DISPOSAL SITE
Shall mean a site approved by the Ministry of the Environment where
garbage, recyclables, refuse or waste, is collected, sorted, processed,
disposed of or dumped and for the purposes of this By-law, may include a
landfill site and waste transfer station.
3.230 WATER BODY
Shall mean any bay, lake, river or other natural or man-made watercourse or
canal.
3.231 WATERCOURSE
Shall mean a depression in the ground which regularly or intermittently
conveys a flow of water.
3.232 WATER FRONTAGE
Shall mean the boundary between the water and land fronting on and
providing access to a waterbody.
3.233 WATER MARK, HIGH
Shall mean the mark made by the action of water under natural conditions
on the shore or bank of a water body and/or watercourse which has created
a difference between the character of vegetation or soil on one side of the
mark and the character of vegetation or soil on the other side of the mark.
The exact location of any high water mark shall be determined by Quinte
Conservation.
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3.234 WETLAND
Shall mean lands that are seasonally or permanently covered by shallow
water, as well as lands where the water table is close to or at the surface. In
either case the presence of abundant water has caused the formation of
hydric soils and has favoured the dominance of either hydrophytic or water
tolerant plants. The four major types of wetlands are swamps, marshes,
bogs and fens.
Lands being used for agricultural purposes that are periodically "soaked" or
"wet" are not considered to be wetlands in this definition. Such lands,
whether or not they were wetlands at one time, are considered to have been
converted to alternate uses.
3.235 WETLAND, PROVINCIALLY SIGNIFICANT
Shall mean a wetland area that has been identified as provincially significant
by the Ministry of Natural Resources using evaluation procedures established
by the province, as amended from time to time.
3.236 WHOLESALE ESTABLISHMENT
Shall mean the use of land or the occupancy of a building or structure for the
purpose of selling or offering for sale goods, wares or merchandise on a
wholesale basis and includes the storage or warehousing of those goods,
wares or merchandise.
3.237 WINDMILL
Shall mean a structure including a tower, nacelle, blades and related
appurtenances, designed, erected, and maintained under appropriate
qualified supervision, and used for driving a machine such as a pump or mill,
or for conversion of wind energy into electricity.
3.238 WINDMILL FACILITY (Wind Farm)
Shall mean three or more windmills.
3.239 WINERY
Shall mean a building or part of a building where wines are produced and
may include wine tasting, storage, display, processing and administrative
facilities and any associated outdoor patio area, but shall not include a
restaurant or other on-site dining facilities.
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3.240 WINERY, ESTATE (added by Amending By-law 2433-2009)
Shall mean a building or structure or part thereof, where wines are produced
and may include storage, display, processing, wine tasting, storage,
hospitality room, administrative facilities, outdoor patio area, an on-site
restaurant, dining facility, commercial kitchen, banquet hall, retail
facility or other commonly commercially-zoned amenity. An Estate Winery
shall not include a Winery or Farm Winery as defined herein.
3.241 WINERY, FARM (added by Amending By-law 2433-2009)
Shall mean a building or structure or part thereof, associated with
agricultural use(s) on the same farm lot, where wines are produced and may
include storage, display, processing, wine tasting and retail, administrative
facilities and outdoor patio area, but shall not include a restaurant,
banquet facility, or on-site commercial kitchen. Wine tasting and the offering
or sale of locally-grown product samples is considered part of the farm
winery activity. A Farm Winery shall not include a Winery or Estate Winery
as defined herein.
3.2.42 WORKSHOP
Shall mean a building or part of a building where fabrication or
manufacturing requiring manual or mechanical skills is performed by trades
people and may include a carpenter's shop, a locksmith's shop, a gunsmith's
shop, a tinsmith's shop, a commercial welder's shop, or similar uses.
3.243 YARD
Shall mean a space, appurtenant to a building or structure, located on the
same lot as the building or structure, which space is open, uncovered and
unoccupied from the ground to the sky except for such accessory buildings,
structures or uses as are expressly permitted elsewhere in the By-law.
3.244 YARD, FRONT
Shall mean a yard extending across the full width of the lot between the front
lot line of the lot and the nearest part of any building or structure on the lot,
the nearest outside storage use on the lot, or edge or rim of an excavation
on the lot.
3.245 YARD, MINIMUM FRONT
Shall mean the least horizontal dimension between the front lot line of the lot
and the nearest part of any building or structure on the lot, or the nearest
outside storage use on the lot, or the edge or rim of an excavation on the lot.
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3.246 YARD, REAR
Shall mean a yard extending across the full width of the lot between the rear
lot line of the lot and the nearest part of any building or structure on the lot,
or the nearest outside storage use on the lot, or the edge or rim of an
excavation on the lot.
3.247 YARD, MINIMUM REAR
Shall mean the least horizontal dimension between the rear lot line of the lot
or the high water mark when the lot abuts a waterbody and the nearest part
of any building or structure on the lot, or the nearest outside storage use on
the lot, or the edge or rim of an excavation on the lot.
3.248 YARD, REQUIRED
Shall mean the minimum yard required by the provisions of this By-law.
3.249 YARD, SIDE
Shall mean a yard extending from the required front yard to the required
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 outside storage use on the lot,
or the edge or rim of an excavation on the lot.
3.250 YARD, EXTERIOR SIDE
Shall mean a side yard immediately adjoining a public street.
3.251 YARD, INTERIOR SIDE
Shall mean a side yard other than an exterior side yard.
3.252 YARD, MINIMUM SIDE
Shall mean the least horizontal dimensions between the side lot line of the
lot and the nearest part of any building or structure on the lot, or the nearest
outside storage use on the lot, or edge or rim or excavation on the lot.
3.253 ZOO (OMB Case No. PL060518)
“Zoo” means a building, structure or land where animals are kept in captivity
for display to the public and for conservation, educational or scientific
purposes.
3.254 CATASTROPHE
Shall mean an unanticipated, disastrous loss, of part or all, of a building or
structure (including event.
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SECTION 4 GENERAL PROVISIONS
4.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
4.1.1 PERMITTED USES
4.1.1.1 Where this By-law provides that a lot may be used or a building or
structure may be erected or used for a purpose, that purpose shall include an
accessory building or structure or accessory use, but shall not include the
following:
i.
any occupation for gain or profit conducted within or accessory to a
dwelling unit or on such lot associated therewith, except as is
expressly permitted in this By-law; or
ii.
any building used for human habitation except as is expressly
permitted in this By-law.
4.1.1.2 Accessory buildings, structures and uses shall only be permitted once a
building permit has been issued for buildings or structures for the principle
use.
4.1.1.3 Notwithstanding subsection 4.1.1.2 above, within any Rural 1 (RU1), Rural
2 (RU2) or Rural 3 (RU3) Zone, an accessory building with a gross floor area
2
not exceeding 67 m (720 sq. ft.) may be constructed prior to the issuance of
a building permit for the construction of a permitted single detached
dwelling.
4.1.2 RELATION TO STREET
4.1.2.1 RESIDENTIAL ZONES
An accessory building or structure shall be erected in conformity with the
yard and setback requirements of the respective Residential Zone, except as
may otherwise be provided for herein.
4.1.2.2 NON-RESIDENTIAL ZONES
No accessory building or structure shall be erected closer to the street line
than the minimum required yard and setback requirements of the applicable
non-residential zone.
Notwithstanding the foregoing, a gatehouse or information kiosk or other
similar accessory structure shall be permitted within a required front or side
yard or within the area between the street line and the required setback.
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4.1.3 RELATION TO PRINCIPAL BUILDING
Except as may otherwise be provided herein, any accessory building or
structure shall not be erected closer than 1.8 m (6 ft) to the principal
building.
4.1.4 LOT COVERAGE AND HEIGHT
4.1.4.1 The total lot coverage of all accessory buildings and structures shall not
exceed:
i.
ii.
five per cent (5%) of the lot area for lots with an area of 0.4 ha (1 ac)
or less;
three per cent (3%) of the lot area for lots with an area greater than
0.4 ha (1 ac).
4.1.4.2 The maximum height of any accessory building or structure shall be 5 m
(16.4 ft).
4.1.4.3 Notwithstanding the foregoing, within an Industrial Zone, the total lot
coverage of all accessory buildings or structures shall not exceed ten per cent
of the lot area, nor shall the height of any accessory building or structure
exceed the height restriction of the respective Industrial Zone.
4.1.5
ACCESSORY STRUCTURE ENCROACHMENTS
4.1.5.1 POLES AND SIMILAR STRUCTURES
Notwithstanding the yard and setback provisions of this By-law to the
contrary, drop awnings, clothes poles, flag poles, garden trellises, signs or
similar structures which comply with the licensing and/or regulatory By-laws
of the County shall be permitted in any required yard or in the area between
the street line or shoreline and the required setback.
4.1.5.2 WALLS, FENCES, AND SIMILAR STRUCTURES
contrary, fences, retaining walls, or similar structures which comply with the
licensing or regulatory By-laws of the County must meet the requirements of
Section 4.25 SPECIAL SETBACK PROVISIONS but otherwise shall be
permitted in any required yard or in the area between the street line and the
required setback.
4.1.6 BOAT HOUSE, PUMP HOUSE AND DOCKING FACILITIES
Notwithstanding the yard provisions of this By-law to the contrary, a dock,
detached private boat house or pump house may be erected and used in a
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required yard of a lot abutting a water body, provided that such building or
structure:
i.
ii.
iii.
is accessory to the principle use of the lot;
is not located closer than 2 m (6.6 ft) to a side lot line or a projection
of the side lot line; and
complies with Section 4.25, SPECIAL SETBACK PROVISIONS, and all
other provisions of this By-law
4.1.7 FIRE ESCAPES
contrary, unenclosed fire escapes may project into any required setback a
maximum distance of 1.2 m (4 ft).
4.1.8 DETACHED GARAGES
Notwithstanding any other provisions of this By-law to the contrary, a
detached private garage in a residential zone may be erected and used in
any yard provided that:
i.
ii.
iii.
where such accessory building is located in an interior side yard, it
shall not be closer than 1.2 m (4 ft) to the interior side lot line; or,
where such accessory building is located in a rear yard it shall not be
closer than 1.2 m (4 ft) to the interior side lot line or rear lot line; or,
where such an accessory building is located in a front or exterior side
yard such accessory building shall not be located closer to the lot line
than the required front or exterior side yard setback required by the
respective zone.
4.1.9 UTILITY SHEDS
Notwithstanding any other provision of this By-law to the contrary, a utility
shed associated with a residential use may be erected within a required
interior side or rear yard of any zone provided that such accessory building is
not closer than 1.2 m (4 ft) to the interior side or rear lot line. For the
purposes of this By-law such a utility shed shall be maintained and used for
the purposes of storing lawn and garden equipment or similar household
related items and shall not have a total floor area in excess of 10.0 sq m
(108 sq. ft).
4.1.10 ORNAMENTAL STRUCTURES
contrary, sills, chimneys, cornices, cantilevers, bay windows, eaves, gutters,
parapets, pilasters, or other ornamental structures may project into any
required yard or the area between the street line and the required setback a
maximum distance of 0.5 m (1.6 ft).
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4.1.11 SWIMMING POOLS
Private swimming pools, including in-ground and above-ground pools, may
be constructed and maintained as accessory uses to a dwelling provided that
such a use:
i.
ii.
iii.
iv.
shall only be permitted in the interior side yard or rear yard of the lot;
and
shall not be located within 1.5 m (5 ft.) of a side or rear lot line, or
within any front yard or exterior side yard and no water circulating or
treatment equipment such as pumps or filters shall be located closer
than 3 m (10 ft.) to any side or rear lot line; and
shall be considered part of the landscaped open space area for the
purpose of calculation lot coverage; and
shall be totally enclosed by a fence not less than 1.5 m (5 ft.) in height
made of a sturdy material and having a self closing gate capable of
being locked and/or a main wall of a building. No fence shall be
required in the case of a swimming pool whose water level is
substantially above ground level provided that the deck around the
pool is more than 1.5 m (5 ft.) above the ground and the access to the
pool is guarded by a self closing gate capable of being locked.
4.1.12 UNENCLOSED PORCHES, BALCONIES, STEPS OR PATIOS, EXTERIOR
STAIRS AND LANDINGS
contrary, unenclosed porches, balconies, steps and patios, whether covered
or uncovered, exterior stairs and landings may project into any required yard
a maximum distance of 1.5 m (5 ft), but not closer than 1.2 m (4 ft) to any
lot line, provided that in the case of porches, steps or patios such uses are
not more than 1.8 m (6 ft) above grade, exclusive of hand railings or other
similar appurtenances.
4.1.13 BARRIER-FREE ACCESS RAMPS
contrary, unenclosed barrier-free access ramps shall be permitted within any
yard or in the area between the street line and the required setback.
4.1.14 SATELLITE COMMUNICATIONS DISH /ANTENNAS
i.
A satellite communications dish or antenna is a permitted accessory
structure in association with a permitted residential use provided that
such structure shall only be located in the rear yard behind the
principal residential building and shall not exceed a height of 5 m
(16.5 ft) or the height of the main residential building, which ever is
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ii.
51
less. No part of a satellite communications dish /antenna shall be
located closer than 1.5 m (5 ft) to any rear or side lot line.
Notwithstanding the provisions of this By-law to the contrary, a
satellite communications dish or antenna with a diameter of less than
0.6 m (2 ft) may be located in any yard, provided it is attached to the
principal residential building. The satellite communications dish or
antenna may project into any required yard or setback no more than
0.6 m (2 ft) provided that in no case shall the satellite communications
dish or antenna be closer to any lot line than 0.3 m (1 ft).
4.1.15 AIR CONDITIONING AND HEAT PUMP UNITS
Notwithstanding any other provisions of this by-law to the contrary, a central
air conditioning or heat pump unit may be located in any yard provided it is
within 3 m (10 ft) of a principle building and no closer than minimum setback
of 0.6 m (2 ft) to any lot line.
4.2
ACCESSORY FARM ACCOMMODATION
Accessory farm accommodation shall be permitted as an accessory use to
agriculture, farm, greenhouse and equestrian centre uses, subject to
approval from the authority responsible for the approval of sewage disposal
systems and being listed as a permitted use within the Zone in which it is
located.
4.3
BASEMENTS OR WALKOUT BASEMENTS
A dwelling unit may be located in a basement or walkout basement, as
defined in the Ontario Building Code as follows: a) Basement means a storey
or storeys of a building located below the first storey; b) First Storey means
the storey with its floor closet to the finished grade and having its ceiling
more than 1.8 m (5ft. 11in) above the finished grade.
4.4
BED AND BREAKFAST ESTABLISHMENTS
The following provisions shall apply to the establishment of a bed and
breakfast establishment:
4.4.1 A bed and breakfast establishment shall only be permitted in an owner
occupied single detached dwelling and shall be limited to a maximum of three
(3) guest rooms per establishment.
4.4.2 A bed and breakfast establishment shall not be established or operated in an
accessory building.
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4.4.3 One parking space shall be provided per guest room in addition to the
required spaces for the dwelling. Such parking spaces shall be on the same
lot as the use and shall comply with the requirements of Section 5 of this Bylaw.
4.4.4 Bed and breakfast establishments shall be permitted only in zones where
expressly provided for as a permitted use and shall not be permitted as an
accessory use.
4.4.5 Bed and breakfast establishments shall conform to all regulations and
requirements of the zone where permitted.
4.4.6 A bed and breakfast establishment shall not detract from the general
character of the neighbourhood nor be a nuisance in terms of noise, traffic,
parking and visual character.
4.4.7 A bed and breakfast establishment may have a sign(s) in accordance with
the Municipal Sign By-law.
4.5
ESTABLISHED BUILDING LINE IN RESIDENTIAL AND
COMMERCIAL ZONES
contrary, where a building or structure is to be erected on a lot within a
Residential, Commercial, or Institutional Zone and where there is an
established building line extending on both sides of the lot, the minimum
yard for such a permitted building or structure is equal to the average
setback of buildings on the same side of the street, provided further that
such permitted building or structure is not erected closer to the street line or
the centre line of the street, as the case may be, than the established
building line existing on the date of passing of this By-law.
4.6
EXISTING UNDERSIZED LOTS (Amended by Amending By-law
No. 2336-2008)
4.6.1 Where a lot having a lesser lot area and/or frontage than required in this Bylaw, but no less than 3 m of frontage, existed prior to the date of passing of
this By-law or where such lot was conditionally approved by the consent
granting authority prior to the passing of this By-law, such smaller lot may
be used and a building or structure may be erected, altered or used on such
smaller lot, provided that where approval of the sewage disposal facilities is
obtained from the appropriate approval authority and all other provisions of
this By-law are complied with.
4.6.2 Notwithstanding any yard provisions of this By-law to the contrary, the
minimum interior side yard width may be reduced to 3 m and the minimum
rear yard depth may be reduced to 7.5 m on a lot that is exempted from lot
area and/or lot frontage in accordance with Section 4.6.1.
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4.6.3 Where a lot having a lesser lot area and/or frontage than required in this Bylaw is created as a result of an expropriation or of a conveyance to an
authority with the power to expropriate, the provisions of Section 4.6.1 and
4.6.2 shall apply.
4.7
FRONTAGE REQUIREMENTS
4.7.1 IMPROVED PUBLIC STREET
i.
Except as may otherwise be provided herein, no person shall erect any
building or structure unless the lot upon which such building or
structure is to be erected fronts upon and is directly accessible from an
improved public street or road, maintained year round.
ii.
For the purposes of this section, existing lots on Waupoos Island shall
be considered to front upon and be directly accessible from an
improved public street.
4.7.2 UNASSUMED ROAD
Notwithstanding the provisions of Section 4.7.1 i. hereof to the contrary, the
provisions of this By-law shall not apply to prevent the erection of a
permitted building or structure on a lot in a Registered Plan of Subdivision
where a subdivision agreement has been entered into with the County and
registered against the lands for dedication as street(s), and where the street
or streets will not be assumed by the County at such time as specified in the
said agreement and provided all other relevant provisions of this By-law are
complied with.
4.7.3 PRIVATE ROAD OR RIGHT-OF-WAY
i.
Notwithstanding the provisions of Section 4.7.1 i. of this By-law to the
contrary, within the Limited Service Residential (LSR) Zone where a lot
is accessible by means of a private road or right-of-way providing
ingress and egress to an improved public street, the provisions of this
By-law shall not apply to prevent the erection, alteration or use of a
building or structure for permitted uses, including a single detached
dwelling, provided that all other relevant provisions of the By-law are
complied with.
ii.
Notwithstanding the provisions of Section 4.7.1 i. of this By-law to the
contrary, where a building or structure was used as of the date of
passing of this By-law for a purpose permitted within the zone in which
it is located, and such building or structure is only accessible by means
of a private road or right-of-way providing ingress and egress to an
improved public street, the provisions of this By-law shall not apply to
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prohibit the extension, enlargement, renovation or reconstruction of
such structure provided all other relevant provisions of this by-law are
complied with.
4.8
GROUP HOMES
In addition to the other provisions of this By-law, the following provisions
shall apply to group homes located within the County of Prince Edward:
4.8.1 A group home shall only be permitted in: (i) a single detached dwelling; and
(ii) in zones where a group home is expressly listed as a permitted use.
4.9
HEIGHT EXCEPTIONS
The height provisions contained within this By-law shall not apply to the
following buildings or structures provided that the use is permitted, or is
accessory to a permitted use, within the Zone in which it is located:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
church spire or steeple;
belfry;
flag pole;
clock tower;
air conditioner or related equipment;
lightning rod;
lighting standard;
grain elevator, a barn or silo;
chimney;
water storage tank or tower;
radio, television or communication tower or antenna;
windmill;
external equipment associated with internal building equipment.
4.10 HOLDING PROVISIONS
4.10.1 GENERAL
Where a zone symbol on the Schedules attached to this By-law as amended
from time to time is followed by the holding zone symbol "H", the permitted
uses and relevant zone provisions applicable to that zone do not apply until
such time as the holding zone symbol "H" is removed in accordance with the
requirements of the Planning Act, R.S.O., 1990, as amended.
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4.10.2 PERMITTED USES
Only those uses, buildings and structures which existed as of the date of the
adoption of the holding zone By-law are permitted, except as may specifically
be provided for in the holding zone By-law. The strengthening or restoration
to a safe condition of any building or structure or part thereof, existing at the
date of the adoption of the said By-law shall be permitted, provided that the
strengthening or restoration shall not increase the building height, size or
volume or change the use of such building or structure.
4.10.3 REMOVAL OF THE HOLDING PROVISIONS
The holding zone provisions shall only be removed by an amending by-law,
passed in accordance with Sections 34 and 36 of the Planning Act, R.S.O.,
1990, as amended, and only when Council is satisfied that all appropriate
criteria have been met in a manner and form acceptable to Council.
4.11 HOME BUSINESS
The following regulations apply to a permitted dwelling wherein a home
business is permitted in addition to a residential use:
4.11.1 A maximum of one employee, in addition to residents of the dwelling unit,
may work in the home business.
4.11.2 A home business may have a sign(s) in accordance with the Municipal Sign
By-law.
4.11.3 Such home business shall be clearly secondary to the main residential use
and shall not change the residential character of the dwelling, accessory
buildings and the lot and shall not detract from the general character of the
neighbourhood nor be a nuisance in terms of noise, traffic, parking and visual
character.
4.11.4 There shall be no external storage of materials, goods or containers. A
limited display of finished product produced on the lot shall be permitted.
4.11.5 Not more than 25 per cent of the gross floor area of the dwelling or dwelling
unit shall be used for the purposes of a home business, including any area
used for the storage of materials and equipment required for the home
business. In addition, a home business may occupy up to 38 sq m (400 sq
ft) of a detached accessory building.
4.11.6 One additional parking space shall be required on any lot where a home
business is established, in addition to the required spaces for the dwelling.
Where the home business has a non-resident employee, a second additional
parking space shall be required for the employee.
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4.11.7 Home businesses may include such uses as professional offices,
instructional services and home craft businesses.
4.11.8 A home business shall not include a boarding or lodging house; an eating
establishment; a facility offering accommodation or meals; or any motor
vehicle facility, including a motor vehicle body shop, a motor vehicle
dealership, a motor vehicle fuel bar, a motor vehicle repair garage, a motor
vehicle service station or a motor vehicle wash establishment. The preceding
list of uses is stated as examples and shall not be considered to be a
definitive list of uses that are not permitted as home business.
4.12 HOME BUSINESS, RURAL
In zones where a rural home business is listed as a permitted use, such use
shall be subject to the provisions of subsection 4.11, except as modified by
the following provisions.
4.12.1 Not more than 25 per cent of the gross floor area of the dwelling shall be
used for the purposes of a rural home business and/or a permitted home
business combined.
4.12.2 The maximum floor area of an accessory building or part thereof used for a
rural home business and/or a permitted home business shall be 112 sq m
(1200 sq ft) combined.
4.12.3 An accessory building in which a rural home business is conducted shall be
set back from all lot lines a minimum of 7.6 m (25 ft).
4.12.4 A minimum lot area of 2 ha (5 ac) is required for a rural home business.
4.12.5 Rural home business may include uses such as artisanship, farm related
sales, farm machine and equipment repairs, welding, carpentry, electrical or
plumbing contractor's shop, small engine repair and auto repairs.
4.12.6 Open storage for a rural home business shall be permitted subject to the
following regulations:
i.
ii.
iii.
iv.
v.
the maximum area of such open storage shall be 28 sq m (300 sq ft);
an area used for open storage shall be enclosed with an opaque fence,
1.8 m (6 ft) in height;
material or articles stored in an open storage area shall not be piled or
stacked to a height greater than 1.8 m (6 ft);
an area used for open storage shall be set back from all lot lines a
minimum of 15 m (50 ft); and
an area used for open storage shall not be located in the front yard
and shall be located behind the line formed by the extension of the
front wall of the principal building on the lot to each side lot line.
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4.12.7 For a rural home business involving auto repairs, a maximum of 2 motor
vehicles awaiting service or customer pick-up may be parked out of doors.
4.12.8 A rural home business shall not include a boarding or lodging house, an
eating establishment, a facility offering accommodation or meals, a motor
vehicle body shop, a motor vehicle dealership, a motor vehicle fuel bar, a
motor vehicle service station, a motor vehicle wash establishment or a
salvage or wrecking yard. The preceding list of uses are stated as examples
and shall not be considered to be a definitive list of uses that are not
permitted as a rural home business.
4.13 LANDSCAPED OPEN SPACE
4.13.1 In any zone, any portion of any front yard or exterior side yard, which is not
used for any other permitted purpose, shall be devoted to landscaped open
space.
4.13.2 Any land used for landscaped open space shall be included in the
calculations for lot area, yard, and other requirements, as set forth in this
By-law.
4.13.3 Provisions for Landscape Planting / Buffer Strips are set out in Section 4.14
of this By-law.
4.13.4 Where landscaped open space is required as buffering, such landscaping
shall be continuous except for a lane, driveway, aisle or walkway which
provides access to the lot.
4.14 LANDSCAPE PLANTING / BUFFER STRIPS
4.14.1 LOCATION
Where the interior side or rear lot line of an Institutional, Commercial or
Industrial Zone abuts a Residential Zone, a planting strip with a minimum
width of 1.5 m (5 ft) adjoining such abutting lot line shall be provided on the
lot within the Institutional, Commercial or Industrial Zone.
4.14.2 CONTENTS
Where in this By-law a planting strip is required to be provided and
maintained, such planting strip shall consist of a row of trees or a continuous
uninterrupted hedgerow of evergreens or shrubs, not less than l.5 m (5 ft)
high at planting, planted immediately adjacent to the lot line or portion
thereof along which such planting strip is required. The remainder of the
strip shall be used for no other purpose than the planting of shrubs, flower
beds, grass or a combination thereof.
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4.14.3 INTERRUPTION FOR DRIVEWAYS OR PEDESTRIAN WALKS
In all cases where driveways, walks or existing buildings extend through a
planting strip, it shall be permissible to interrupt the strip within 3.0 m (9.8
ft) of the edge of such driveway or within l.5 m (5 ft) of the edge of such
walk or building.
4.14.4 MAINTENANCE
Where a planting strip is required it shall be planted, nurtured and
maintained by the owner or owners of the lot on which the strip is located.
4.14.5 LANDSCAPED OPEN SPACE SUPPLEMENT
A planting strip referred to in this Subsection may form a part of any
landscaped open space required by this By-law.
4.14.6 FENCING
An opaque fence, 1.5 m (5 ft) in height may be erected in lieu of the
planting strip for buffering purposes provided it does not intrude into any
required sight triangle.
4.15 LIVESTOCK
The keeping of livestock shall only be permitted in the following zones:
Rural 1 (RU1) Zone
Rural 2 (RU2) Zone
Rural 3 (RU3) Zone
4.16 MINIMUM DISTANCE SEPARATION REQUIREMENTS
4.16.1 NEW NON-AGRICULTURAL USES
A building permit for any non-agricultural use, shall comply with the
requirements of the Minimum Distance Separation Formulae (MDS I), as
4.16.2 NEW OR EXPANDED LIVESTOCK OR MANURE FACILITIES
No livestock or manure storage facilities otherwise permitted in a Rural 1
(RU1), Rural 2 (RU2) or Rural 3 (RU3) Zone shall be constructed, established
or enlarged unless it complies with the Minimum Distance Separation
Formulae (MDS II), as amended from time to time.
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Notwithstanding the above, in no case shall a livestock facility be
constructed, established or enlarged with less than the applicable minimum
yards required for the zone in which such facility is to be constructed,
established or enlarged.
4.16.3 APPLICATION OF MDS FORMULAE AFTER A CATASTROPHE
The MDS Formulae do not apply to the reconstruction of a building or
structure or livestock and/or manure storage facility if in whole or part
destroyed by a catastrophe providing the new or reconstructed building or
structure (including a livestock and /or manure storage facility) is built no
closer to the surrounding development than existed before the catastrophe
and does not result in an increase in Factor A (Odour Potential), B (Nutrient
Units), C (Orderly Expansion) and/or D (Manure or Material Form in a
Storage Facility) as described in the MDS Implementation Guidelines, as
4.16.4 APPLICATION OF MDS I FORMULAE TO EXISTING LOTS
Notwithstanding Section 4.16.1 the following tiered setback will apply to new
non-livestock related building construction, excluding accessory buildings or
structures, on an existing lot for lands designated in the County of Prince
Edward Official Plan as Prime Agricultural, Rural and Shore Land in the
following order of priority:
a) Locate the non-livestock related building at a distance that is not
less than the minimum distance required for the new building or
structure under the Minimum Distance Separation I (MDS I) Formulae
and Implementation Guidelines, 2006;
b) If the setback required by a) above can not be met, locate the nonlivestock related building at a distance that is not less than the
minimum distance required for the new building or structure under the
Minimum Distance Separation I (MDS I) Formulae and Implementation
Guidelines, 1995;
c) If the setback required by b) above can not be met, locate the nonlivestock related building at a distance that is not less than the
minimum distance required to double the existing capacity of existing
active livestock barn(s), with the same type of livestock and manure
storage, under the Minimum Distance Separation II (MDS II) Formulae
and Implementation Guidelines, 2006. For the purpose of calculating
this setback requirement, any existing liquid manure storage facility
will be deemed to be a vertical straight walled storage facility;
d) If the setback required by c) above can not be met, locate the new
building as far as possible from existing active livestock barns;
e) For the purposes of calculating the foregoing setback requirements,
an existing active livestock barn includes any building or structure in
which livestock are kept or housed at the time the foregoing setbacks
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60
are calculated or have been kept or housed within the preceding one
hundred and twenty (120) months; and
f) All other applicable zoning requirements shall apply.
4.17 MULTIPLE USES ON ONE LOT
Where any land, building or structure is used for more than one purpose, the
applicable provisions of this By-law which serve to regulate each use shall be
complied with, provided that no dwelling shall be erected closer than 5.0 m
(16.4 ft) to any other building or structure on the lot, except for such
accessory building or structure as may be permitted in accordance with the
provisions of Section 4.1 of this By-law.
4.18 MULTIPLE ZONES ON ONE LOT
Where a lot is divided into more than one zone under the provisions of this
By-law, each such portion of the said lot shall be used in accordance with the
Zone Provisions of this By-law for that portion of the lot.
4.19 NON-COMPLYING BUILDINGS AND STRUCTURES
4.19.1 EXISTING BUILDINGS AND STRUCTURES
Where a building or structure was lawfully used on the day of the passing of
this By-law, but the building or structure did not meet the requirements of
this By-law with respect to provisions other than use on that day, and its use
is permitted by the zone in which the building or structure is located, nothing
in this By-law shall prevent the continued use or occupancy of such building
or structure.
4.19.2 ADDITIONS, ENLARGEMENTS OR EXTENSIONS
i.
Where a building or structure was lawfully used on the day of the
passing of this By-law, but the building or structure did not meet the
requirements of this By-law with respect to yards on that day, and its
use is permitted by the zone in which the building or structure is
located, the minimum yard requirements for any addition, extension,
or enlargement to such building will be deemed to be those that
existed on the day of the passing of this By-law.
ii.
Except as may be permitted by subsection i. above, and except as
may be permitted by Section 4.5 of this By-law (“Established Building
Line”), additions, enlargements, or extensions of such buildings or
structures shall meet the requirements of this By-law.
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iii.
61
All of the provisions in Section 4.19.1 and 4.19.2 shall continue to
apply, notwithstanding that the lot on which the building or structure is
located may have been, or may be, subject to a consent or plan of
subdivision.
4.19.3 EXPROPRIATION OF LANDS
Where a non-compliance of a building or structure with respect to provisions
of this By-law other than use is created as a result of an expropriation or
conveyance of land to an authority with the power to expropriate, all the
provisions of Sections 4.19.1 and 4.19.2 of this By-law shall apply.
4.19.4 LIVESTOCK FACILITIES
Notwithstanding the provisions of Sections 4.19.1 and 4.19.2, and 4.19.3 of
this By-law, the enlargement, extension or expansion of any livestock facility
shall be subject to the requirements of Minimum Distance Separation
Formulae II, as amended from time to time.
4.20 NON-CONFORMING USES, BUILDINGS AND STRUCTURES
4.20.1 CONTINUATION OF LEGAL NON-CONFORMING USES
i.
ii.
The provisions of this By-law shall not prevent the use of any land,
building or structure for any purpose prohibited by this By-law, if such
land, building or structure was lawfully used for such purpose on the
day of the passing of this By-law, so long as it continues to be used for
that purpose.
For purposes of interpreting this By-law, a use that is discontinued for
a period of 24 consecutive months or longer shall be deemed to have
ceased to be a legal non-conforming use.
4.20.2 REPAIRS AND RENOVATIONS
Where a building or structure which was lawfully used on the day of the
passing of this By-law is used for a purpose not permitted in the zone in
which it is situated, such building or structure may be repaired or renovated
provided that:
i.
The repair or renovation does not include any change of use, or any
expansion of the building or structure; and
ii.
The building or structure continues to be used for the same purpose
for which it was lawfully used on the day of passing of this By-law.
October 23, 2006
62
4.20.3 PRIOR APPROVAL OF PLANS
The regulations of this By-law shall not apply to prevent the erection or use
of any land, building or structure for a purpose prohibited by this By-law,
where the building permit was issued prior to the date of the passing of this
By-law, provided that:
i.
ii.
iii.
The building or structure, when erected, is used and continues to be
used for the purposes for which the building permit was issued.
The erection of such building or structure is commenced within six
months after the date of the passing of this By-law; and
Such building is substantially completed within one year after the
erection thereof is commenced.
4.20.4 RESTORATION OF NON-CONFORMING USES
Where a building or structure is used for a legal non-conforming use and said
building or structure is destroyed or damaged by fire or natural disaster,
nothing in this By-law shall prevent the reconstruction or repair of said
building or structure for the continuation of the legal non-conforming use,
provided that such reconstruction or repair proceeds within 12 months of the
date of the fire or natural disaster and provided that such reconstruction or
repair shall take place in the same location as the original building or
structure and that there shall be no increase in the ground floor area or gross
floor area.
4.21 PITS AND QUARRIES
4.21.1 ESTABLISHING PITS AND QUARRIES
The making or establishment of pits or quarries is prohibited except in the
locations and in accordance with the express provisions of this By-law, and
no person shall use land or erect any building or structure for the purpose of
processing, washing, sorting or screening sand, or gravel, or operating a
crushing plant or asphalt plant except as expressly provided for in this Bylaw.
4.21.2 PITS AND QUARRIES, WAYSIDE
Wayside pits and quarries may be established in the Rural 1 (RU1), Rural 2
(RU2), Rural 3 (RU3) Zones and the Extractive Industrial (MX) Zone
provided that:
i.
ii.
the wayside pit or quarry is opened and operated by the Ministry of
Transportation or the County or their agents, for the purposes of a
specific public road project;
any portable crusher or asphalt plant is approved and governed by any
applicable regulations of the Ministry of Environment and Energy, the
October 23, 2006
iii.
63
Ministry of Natural Resources and a certificate of approval for a
portable hot mix asphalt plant has been obtained; and
an agreement is signed with the County that the wayside pit or quarry
shall be rehabilitated upon completion of the public project.
4.22 PRIVATE HOME DAY CARE
A private home day care, as defined in this By-law shall be subject to the
following regulations:
i.
ii.
Such use shall only be established in zones where it is expressly listed
as a permitted use; and
Such use shall only be established as an accessory use to a permitted
single detached dwelling.
4.23 PUBLIC USES AND UTILITIES
4.23.1 STREETS, RIGHT-OF-WAYS AND INSTALLATIONS
Nothing in this By-law shall prevent the use of land for a street or road or
private road right-of-way or prevent the installation of a watermain, sanitary
sewer main, storm sewer main, gas main, pipeline, lighting fixture, overhead
or underground electrical or telephone line, or other supply line or
communication line, or structure clearly ancillary to the foregoing, provided
that the location of such street or road or private road right-of-way, main,
line, fixture or structure has been approved by the appropriate public
authority and all required statutory authorizations and approvals have been
obtained.
4.23.2 CERTAIN PUBLIC USES PERMITTED IN ALL ZONES
i.
ii.
Only the following types of public uses shall be permitted in all zones
save and except for the Environmental Protection (EP) Zone and the
Environmental Protection – Provincially Significant Wetland (EP-W)
Zone:
1.
The use of a building or part thereof as a temporary polling
station for a federal, provincial or municipal election or
referendum.
2.
Public or private cellular and wireless communication towers
regulated by Federal authorities.
3.
Tower for the purpose of monitoring wind source, excluding a
windmill or windmill facility.
4.
Private or public water treating plants, water pumping stations,
water storage towers and sewage pumping stations, associated
distribution and/or collection lines and similar type uses.
No goods, material, or equipment associated with the public use shall
be stored in the open in a Residential Zone.
October 23, 2006
iii.
iv.
v.
64
Any building or structure erected in a Residential Zone under the
authority of this section shall be designed, constructed and maintained
in general harmony with the buildings of the type permitted in the
zone.
Stormwater management facilities and recreation or walking trails
shall be permitted in all zones including the Environmental Protection
(EP) Zone and the Environmental Protection – Provincially Significant
Wetland (EP-W) Zone, but only with the approvals of the Conservation
Authority, and applicable Provincial Ministry or Federal Department, if
required.
Except as provided for above, any other public use not identified in
this section shall be permitted only in zones where listed as a
permitted use and the relevant zone provisions shall apply to the
development of the public use in that zone.
4.24 SIGHT TRIANGLES
4.24.1 USES PROHIBITED
Notwithstanding any other provision of this By-law to the contrary, no person
shall, within a sight triangle as defined hereunder, park a motor vehicle, or
erect any building, structure or sign, or alter the elevation or grade of the
ground in a manner which would obstruct the vision of drivers of motor
vehicles or use any land for the purposes of growing plants, shrubs or trees
in excess of 0.6 m (2 ft) in height above the average elevation of the centre
lines of the adjacent streets.
4.24.2 CALCULATION OF SIGHT TRIANGLE
The sight triangle shall be determined by measuring the distance required for
the applicable zone as set out in subsection 4.24.3 following from the point of
intersection of the two street lines and connecting the two end points.
Where the two street lines do not intersect at a point, the point of
intersection of the street lines shall be deemed to be the intersection of the
projection of the street lines or the intersection of the tangents to the street
lines.
4.24.3 SIGHT TRIANGLE PROVISIONS (Amended by Amending By-law No.
2336-2008)
The distance to be measured along the street lines to determine the size of
the required sight triangle shall be as follows:
October 23, 2006
65
ZONE
DISTANCE
Rural Zones (RU1, RU2 and RU3)
9 m (30 ft)
Highway Commercial (CH)
9 m (30 ft)
Tourist Commercial (TC)
9 m (30 ft)
Trailer Park Commercial (TPC)
9 m (30 ft)
Industrial Zones (MG, MH, MR, MX, and MD) 9 m (30 ft)
Rural Residential Zones (RR1 and RR2)
9 m (30 ft)
Open Space (OS)
9 m (30 ft)
Environmental Zones (EP and EP-W)
9 m (30 ft)
Future Development (FD)
9 m (30 ft)
Urban Residential Zones (R1, R2 and R3)
Hamlet Residential (HR)
Mobile Home Residential (MHR)
General Commercial (CG)
Local Commercial (CL)
Institutional (I)
Core Commercial (CC)
6
6
6
6
6
6
(20 ft.)
m (20 ft.)
m (20 ft.)
m (20 ft.)
m (20 ft.)
m (20 ft.)
0 m (0 ft)
4.25 SPECIAL SETBACK PROVISIONS
4.25.1 RESTRICTIONS WITHIN THE REGULATORY FLOOD PLAIN
i.
ii.
contrary, no buildings or structures shall be permitted within a
regulatory flood plain.
Notwithstanding the provisions of Section i. above a dock, shore well,
or other marine facility may be permitted within a flood plain, but only
with the written approval of Quinte Conservation.
4.25.2 BAY OF QUINTE, LAKE ONTARIO AND INLAND LAKES
contrary, the following provisions shall apply to land in the vicinity of Lake
Ontario, the Bay of Quinte, or other lakes:
i.
ii.
No buildings or structures shall be permitted within a horizontal
distance of 15 m of the regulatory flood plain, or within a horizontal
distance of 30 m from the high water mark where the regulatory flood
plain elevation is unknown.
Notwithstanding the provisions of Section (i.) above, an unenclosed
deck, driveway, boathouse, dock, shore well, or other marine facility
October 23, 2006
66
may be permitted within 15 m of the regulatory flood plain or within
30 m of the high water mark, but only with the written approval of
Quinte Conservation.
4.25.3 OTHER WATERCOURSES – REGULATORY FLOOD PLAIN ELEVATION
AVAILABLE
contrary, the following provisions shall apply to land within the vicinity of all
other watercourses where the regulatory flood plain is available.
i.
ii.
No buildings or structures shall be permitted closer than a horizontal
distance of 15 m from the regulatory flood plain.
may be permitted within 15 m of the regulatory flood plain, but only
with the written approval of Quinte Conservation.
4.25.4 OTHER WATERCOURSES – REGULATORY FLOOD PLAIN ELEVATION
NOT AVAILABLE
contrary, the following provisions shall apply to land within the vicinity of all
other watercourses where the regulatory flood plain elevation is not
available:
i.
ii.
No buildings or structures shall be permitted within 30 m of the normal
high water mark.
may be permitted within 30 m of the high water mark, but only with
the written approval of Quinte Conservation.
4.25.5 LANDS IN THE VICINITY OF ESCARPMENTS
contrary, no buildings or structures shall be permitted closer than 30 m (100
ft) of the top or toe of bank of any identified escarpment without written
approval from Quinte Conservation.
4.25.6 PROVINCIAL HIGHWAYS
Permits from the Ontario Ministry of Transportation shall be required for all
buildings and structures adjacent to Provincial Highways. The Ontario
Ministry of Transportation may require a setback from the Highway that is
greater than required by the applicable zone provision.
October 23, 2006
67
4.25.7 RIGHTS-OF-WAY
contrary, no buildings or structures shall be permitted within 7.5 m (25 ft) of
a private right-of-way.
4.26 SPECIAL RESIDENTIAL SETBACK PROVISIONS FROM NONRESIDENTIAL USES
4.26.1 WASTE DISPOSAL INDUSTRIAL AREA
i.
ii.
No new dwelling unit shall be permitted within 300 m (1,000 ft) of a
sewage lagoon.
No new dwelling unit shall be permitted within 500 m (1,650 ft) of an
existing or closed / abandoned waste disposal site without the
approval of the Ministry of Environment and the municipality.
4.26.2 MEASUREMENT OF SETBACKS FROM WASTE DISPOSAL INDUSTRIAL
AREA
i.
ii.
Where a waste disposal facility is the subject of a Certificate of
Approval, the setback is to be measured from the boundary of the
waste fill area or of the treatment facility as defined in the Certificate
of Approval.
Where a waste disposal facility has no Certificate of Approval, the
setback is to be measured from the edge of the property on which the
facility is located.
4.26.3 EXTRACTIVE INDUSTRIAL ZONE
No new dwelling unit shall be located within:
i.
ii.
iii.
150 m (500 ft) of an area zoned Extractive Industrial (MX), where the
zoning permits only removal and processing of sand, gravel or other
approved aggregate.
300 m (1000 ft) of an area zoned Extractive Industrial (MX), where
the zoning permits only removal and processing of sand, gravel or
other approved aggregate, but where extraction is occurring or
approved below the groundwater table.
500 m (1,650 ft) of an area zoned Extractive Industrial (MX) where the
zoning permits a quarry use, unless a lesser distance is approved by
the Ministry of the Environment and/or the Ministry of Natural
Resources and the municipality.
October 23, 2006
68
4.27 SPECIAL TEMPORARY USES PERMITTED
i.
ii.
iii.
A tool shed, construction trailer, scaffold or other building or structure
incidental to construction is permitted in all Zones within the County
on the lot where construction is being undertaken and only for so long
as it is necessary for the work in progress and until the work is
completed or abandoned. For the purpose of this Section,
"abandoned" shall mean the expiration or revocation of the building
permit pursuant to the provisions of the Ontario Building Code Act,
R.S.O., 1992, as amended, and Regulations thereto.
A sales office or trailer, in conjunction with a residential development,
is permitted as a temporary use where approved by the County and
where an agreement with the provision of securities is executed
between the land owner and the County.
A temporary building or structure is permitted in a commercial or
industrial zone where approved by the County and where an
agreement with the provision of securities is executed between the
land owner and the County.
4.28 THROUGH LOTS
Where a lot which is not a corner lot has lot frontage on more than one
street, or is bounded on more than one side by a street, private right-of-way
or watercourse or waterbody, the setback and front yard requirements
contained herein shall apply on each street or adjacent to the private rightof-way or watercourse or waterbody, as the case may be, in accordance with
the provisions of the Zone or Zones in which such lot is located.
4.29 TRAILER OR MOBILE HOME PARKS
The establishment and use of trailers and mobile homes, including trailer
parks or mobile home parks shall be prohibited within the area covered by
this By-law, save and except where such parks are expressly permitted.
4.30 TRUCK, BUS AND COACH BODIES
No truck, bus, coach or streetcar body, or structure of any kind, other than a
dwelling unit erected and used in accordance with this By-law, the Ontario
Building Code Act, R.S.O., 1992, as amended, and the Regulations passed
thereunder; and, all other By-laws of the Corporation, shall be used for
human habitation.
October 23, 2006
69
4.31 REQUIREMENTS FOR SPECIAL STUDIES FOR DEVELOPMENT
ADJACENT TO PROVINCIALLY SIGNIFICANT WETLANDS
No development shall be permitted within 40 m (130 ft) of a Provincially
Significant Wetland or lands zoned the Environmental Protection –
Provincially Significant Wetland (EP-W) Zone without the completion of an
Environmental Impact Study (E.I.S.), scoped in consultation with the
Conservation Authority, Ministry of Natural Resources and the County. No
development shall proceed unless it is in accordance with the requirements of
an approved E.I.S., in addition to any other requirements of this By-law.
4.32 OUTDOOR FURNACES / HEATING APPLIANCES
shall apply to an outdoor furnace / heating appliance located within the
County of Prince Edward:
4.32.1 An outdoor furnace shall only be permitted in zones where an outdoor
furnace is expressly listed as a permitted use.
4.32.2 An outdoor furnace shall not be located closer than 15 m (49.2 ft) to any
lot line.
4.33 WINDMILLS
Windmills shall only be permitted in zones where a windmill is expressly
listed as a permitted use and shall meet the following requirements:
(i)
(ii)
ZONE
RR1
Notwithstanding the above, any accessory tower anchorage shall be no
closer than 10 ft (3.05 m) from the interior side or rear lot line.
In the Rural RU2 or RU3 Zone each windmill shall be a maximum of
300 KW.
# OF
FRONT
YARD
(MIN)
INTERIOR
WINDMILLS
PERMITTED
FOR LOT
(MAX)
TOTAL
KILOWATTS
PERMITTED
FOR LOT
(MAX)
1
15 KW
1.25X
HEIGHT
OF
WINDMILL
HEIGHT
OF
WINDMILL
RR2
1
15 KW
1.25 X
HEIGHT
OF
WINDMILL
SIDE
YARD
(MIN)
(i)
HEIGHT
OF
WINDMILL
(i)
EXTERIOR
SIDE
YARD
(MIN)
REAR
YARD
(MIN)
DISTANCE
FROM
NEAREST
NEIGHBOURS’
DWELLING
(MIN)
1.25 X
39.4’
(12 m)
(i)
150’
(45.7 m)
39.4’
(12m)
(i)
150’
(45.7 m)
HEIGHT
OF
WINDMILL
1.25 X
HEIGHT
OF
WINDMILL
October 23, 2006
70
RU1
<25
AC
2
150 KW
200’
(61m)
175’
(53.3m)
(i)
200’
(61m)
250’
(76 m)
(i)
350’
(106.7m)
RU1
>25
<50
AC
RU2 &
RU3
50 AC
2
300 KW
300’
(91m)
200’
(61m)
(i)
300’
(91M)
250’
(76m)
(i)
400’
(122m)
2
600 KW
(ii)
400’
(122m)
200’
(61m)
(i)
400’
(122m)
250’
(76m)
(ii)
600’
(182.9m)
4.34 FARM WINERY (added by Amending By-law 2433-2009)
shall apply to a farm winery.
4.34.1
i.
ii.
iii.
iv.
A farm winery shall be permitted subject to the following regulations:
A minimum 2 ha (5 ac) must be planted with a minimum of 4,000
vines on site.
The fruit used in the annual production of wine at a farm winery shall
consist predominantly of fruit grown in the County of Prince Edward by
that Farm Winery operation. This may be reduced in any one year due
to crop failure or damage resulting from causes beyond the control of
the winery, such as climate and precipitation abnormalities, with the
balance being from Ontario fruit.
The retail sale of wine produced on-site shall be permitted subject to
the following regulations:
1.
It shall not conflict with any minimum floor area requirement for
licensing approval by the Province of Ontario.
2.
On-site tasting room and retail floor space shall not exceed the
lesser of 75 m2/800 ft2 or 25 percent of the total winery floor
area (excluding any below ground floor area).
3.
The on-site retail floor space for non-agricultural and/or nonPrince Edward County agricultural products, shall not exceed 5%
of the total retail floor space.
As an accessory use to a Farm Winery a Tied House shall be included
as a permitted use.
For the purpose of this section, “Tied” House shall mean those
premises where food and beverages are offered for consumption by
the public under license from the Alcohol and Gaming Commission of
Ontario provided that:
1.
such use is a secondary and accessory use,
2.
alcoholic beverages are limited to those produced on-site, and
3.
such use does not occupy more than the lesser of 75 sq. m (800
sq. ft) or 25% of the total winery floor area (excluding below
ground floor area) including any outdoor area(s).”
October 23, 2006
71
SECTION 5 PARKING, LOADING AND DRIVEWAY
PROVISIONS
5.1
PARKING PROVISIONS
5.1.1 The owner of every building or structure erected or used for any purpose set
forth below shall provide and maintain for the sole use of the owner,
occupant or other persons entering upon or making use of the building or
structure from time to time, parking spaces and parking areas as follows:
i)
Residential
Type of Use
Apartment Dwelling
Minimum Parking Requirement
1.25 spaces per dwelling unit for apartment dwellings located in
Picton Ward.
1.5 spaces per dwelling unit for apartment dwellings located in
other areas of the County.
Senior Citizens Dwelling,
Retirement or Rest Home
0.5 spaces per dwelling unit or bed.
Townhouse or Multiple Unit
Dwelling
1.5 spaces per dwelling unit
Group Home
2 spaces plus 0.5 spaces per resident that the home is licensed or
approved to accommodate
Rooming or Boarding House or Bed
and Breakfast Establishment
2 spaces per dwelling unit plus 1 additional space for each guest
room or room which is capable of being rented to a roomer or
boarder
Dwelling unit in a mixed use
development
1 space per dwelling unit, in addition to the requirements for the
other uses in the development.
Other Residential Uses
2 spaces per dwelling unit
Home Business
1 space, in addition to the required spaces for the dwelling unit.
Single Detached and Semidetached Dwellings
2 spaces per dwelling unit
Converted dwellings
1 space per dwelling unit
October 23, 2006
ii)
72
Commercial Uses
Type of Use
Shopping Centres
Offices
Medical or Dental Clinics
Restaurants
Retail Commercial Use,
Service or Repair Use, or
Personal Service Use
2
5.5 spaces for every 100 m (1076 sq. ft.) gross floor area or
portion thereof
2
1 space for every 33 m (355 sq. ft.) of gross floor area or
portion thereof
6 spaces per practitioner
2
portion thereof.
2
portion thereof.
Commercial Recreation,
Sports Facilities or Places of
Amusement
The greater of:
Bowling Alley, Curling Rink
2 spaces per lane or curling sheet
Assembly Hall, Theatre
The greater of:
- 1 space per 6 fixed seats or fraction thereof; or
2
- 1 space for every 14 m (150 sq. ft.) of gross floor area; or
- 1 space for every 4 persons of design capacity
2
- 1 space for every 9 m (97 sq. ft.) of gross floor area or
portion thereof
Hotel, Motel, Apartment Hotel
Commercial Club or Private
Club
2
1 space per bedroom, plus 1 space for every 9 m (97 sq.
ft.) of gross floor area of public use areas such as meeting
rooms
The requirements for any uses which are applicable,
particularly eating establishments and recreation facilities,
2
plus 1 space per 9 m (97 sq. ft.) of gross floor area of
common or public use areas.
Vehicle Service Station,
Vehicle Body Repair or Repair
Operation, Vehicle Rental
Operation
Vehicle Wash, Self-Service
2
portion thereof including service bays
2 spaces per stall
October 23, 2006
73
Vehicle Wash, Mechanical
5 spaces in a storage lane
Vehicle Fuelling Station
2 spaces
Vehicle Sales Outlet
10 spaces in addition to display areas
Undertaking Establishment
2
portion thereof
2
Banks
One space for every 23 m (250 square feet) of floor area
devoted to general banking services for public use and office
uses. Each drive-up window shall have sufficient stacking
room for six cars, and a bypass lane shall be provided.
Automatic Teller Machines
2 spaces per machine for automatic teller machines which
are free-standing and are not located in association with
bank or other uses.
Convenience Stores
1 space for every 18.6 sq. m (200 sq. ft.) of gross floor area
or portion thereof
Other Commercial Uses
iii)
2
portion thereof
Public and Institutional Uses
Type of Use
Assembly Hall, Place of
Entertainment, Community Centre
or Place of Worship
The greater of:
- 1 space for every 6 fixed seats or fraction thereof, or
Hospital, including Private
Operations
1 space for every patient bed
Nursing Home, including Private
Operations
1 space for every 4 patient beds
Day Nursery, including Private
Operations
1 space for each staff member, plus 1 space for every
12 children enrolled in the school
Library, Museum, Gallery
2
- 1 space for every 9 m (100 sq. ft.) of gross floor
area or portion thereof
2
1 space for every 56 m (600 sq. ft.) of gross floor area
or portion thereof
October 23, 2006
Police or Fire Station
74
1 space for every 1.5 employees
2
Public or Private School
(Elementary)
1.5 spaces per classroom and 1 space for every 9 m
(97 sq. ft.) of gross floor area for any gymnasium or
auditorium
Public or Private School (Secondary)
15 spaces plus 2 spaces per classroom and 1 space for
2
every 9 m (97 sq. ft.) of gross floor area for any
gymnasium or auditorium
College
0.25 spaces per student or staff member
Post Office or Public Transportation
Terminals
2
1 space for every 28 m (300 sq. ft.) of gross floor
area
2
Utility
1 space for every 37 m (400 square feet) of gross
floor area of office use plus 1 space for every 74 m
(800 sq. ft.) of other uses.
2
Other Institutional Uses
iv)
1 space for every 56 m (600 sq. ft.) of gross floor
area
Industrial Uses
Type of
Use
Industrial
Use
v)
2
2
5 spaces minimum and 1 space for every 100 m (1075 sq. ft.) of gross floor
2
area or portion thereof for uses with more than 200 m (2152 sq. ft.) of gross
floor area
Barrier-Free Parking
Type of Use
All uses (excluding
residential)
At least 1 barrier-free space per establishment plus 1 space for
every 20 parking spaces.
October 23, 2006
vi)
75
Accessory Uses
Type of
Use
Accessory
Use
Parking shall be provided for an accessory use at the rate required in Section
5.1.1. i) to v). The total parking requirements shall be the sum of all uses located
on site whether main uses or accessory uses.
5.1.2 Additions to or Change in Use of Buildings
If an addition is made to the building or structure which increases the floor
area, then parking spaces for the addition shall be provided as required by
the Parking Space Requirement Table. Where a change in use of the building
or structure occurs, parking spaces shall be provided in accordance with the
requirements of the Parking Space Requirement Table.
5.1.3 Private Garages, Car Ports and Parking Structures
For residential uses, parking spaces within a private garage, car port or a
parking structure located on the same lot as the residential use may be
including in the calculation of the number of available parking spaces.
5.1.4 Multiple Uses
i)
ii)
5.1.5
When a building or structure accommodates more than one type of
use, parking space requirements for the whole building shall be the
sum of the requirements for the separate parts of the building
occupied by the separate types of use.
When a building or structure accommodates more than one type of
use such that the uses are not in operation at the same time the
number of parking spaces for the whole building shall equal the
number of spaces for the use with the largest parking space
requirements.
Parking Space Size
i)
ii)
iii)
Parking spaces shall have a minimum area of 16.7 sq. m (180 sq. ft.)
and a minimum width of 2.7 m (9 ft.)
Driving aisles providing access to parking spaces shall have a
minimum width of 6 m (20 ft)
Notwithstanding the provisions of Section 5.1.5 i) barrier-free parking
spaces shall have a minimum area of 24 sq. m (258 sq. ft) and a
minimum width of 4 m (13 ft).
October 23, 2006
76
5.1.6 Location
5.1.6.1 i)
ii)
Parking spaces shall be located on the same lot as the use they serve.
Notwithstanding Section 5.1.5.1 i), for the properties listed below,
parking spaces may be provided at an alternative location as set out in
the following table. Additional properties may be added to this section
through amendment to this By-law.
Property Description
By-law
Number
(if
applicable)
Alternative Parking
Location
1. Giant Tiger, 21 Elizabeth Street, Part of Lot 14,
Plan 24, Picton
N. A.
Part of Lots 289 & 290, Plan
240, Picton
2. Lavender Funeral Home
288 Noxon Avenue, Wellington
N. A.
289 Noxan Avenue, Lot 263,
Plan 8, Wellington
3. Pierson’s IGA, Lots 121-A, 121-C and 12-D,
Registered Plan No. 8, Wellington
N. A.
Lot 116, Registered Plan No.
8, Wellington
5.1.6.2 Notwithstanding any other provisions of this By-law, unsheltered surface
parking spaces may be permitted in accordance with the following:
i)
Yards
1.
Residential (other than apartments):
Parking may be permitted in any yard provided that such
parking is located within a driveway which is in accordance with
the provisions of Section 5.1.7.2 and 5.1.7.3.
2.
Apartments:
Parking may be permitted in any yard with the exception of the
front yard or required exterior side yard.
3.
Non-Residential Uses:
Parking may be permitted in any yard.
ii)
Distance of Parking Area/Spaces from Street Line
1.
Residential Uses (other than apartments):
- Nil, provided it is on a driveway
2.
Apartments:
3 m (10 ft) minimum.
3.
Non-Residential Uses:
3 m (10 ft) minimum.
4.
Industrial Uses:
7.5 m (25 ft) minimum.
5.1.7 Entrance Driveway Regulations (Amended by Amending By-law No.
2336-2008)
Entrance driveways shall be constructed and located so as to provide for safe
ingress/egress from the property.
October 23, 2006
77
5.1.8 Underground Parking
Underground parking structures shall be permitted in all yards, provided that
no part of any underground structure shall be located within the limits of a
street allowance and provided that no above ground part of the parking
structure shall be located in any exterior side yard.
5.1.9 Parking Restrictions
5.1.9.1 Parking spaces required by this By-law shall be used only for the parking of
passenger vehicles and vehicles used in operations incidental to the
permitted uses in respect of which such parking spaces are required.
5.1.9.2 Parking of the following vehicles is prohibited on lots and the road
allowances abutting thereto in all Residential, Commercial, Institutional and
Environmental Zones:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
heavy trucks;
unlicensed vehicles;
vehicles equipped with more than three axles, excluding spare wheels,
designed to support the weight of the vehicle through contact with the
ground;
bus;
vehicles designed to run only on rails;
flat bed trucks;
farm tractors;
construction equipment;
tracked vehicles, except for snowmobiles;
dump trucks;
repair and towing vehicles;
vehicles that are in a wrecked or dismantled or inoperative condition.
5.1.9.3 The parking or storing of a boat, motor home, travel trailer or snowmobile
shall be permitted in any yard or any private garage, carport or other
building on a lot provided that the boat, motor home, snowmobile, or travel
trailer does not exceed 6 m (20 ft) in length.
Where a boat, motor home or travel trailer exceeds 6 m (20 ft) in length,
such a boat, motor home or travel trailer may not be parked or stored on a
lot in the following zones, unless it is parked or stored in an enclosed
building:
Urban Residential Type 1 (R1) Zone
Hamlet Residential (HR) Zone
October 23, 2006
78
5.1.10 Parking Area Surface Treatment
All parking areas, driveways and aisles must be constructed and maintained
with a stable surface consisting of gravel, cement or asphaltic binder or other
types of permanent surface treatment.
5.2
LOADING PROVISIONS
5.2.1 The owner or occupant of any lot, building or structure in a Commercial or
Industrial Zone, used or erected for any purpose involving the receiving,
shipping, loading or unloading of persons, animals, goods, wares and
merchandise and raw materials, shall provide and maintain on the lot
occupied by the building or structure and not forming part of a public street
or lane, within the zone in which such use is located, loading or unloading
facilities comprising one or more loading or unloading spaces, 4.5 m (15 ft.)
wide in accordance with the following requirements:
Type of
Use
Commercial
Total Gross Floor Area of
Building and Structure
Number of Loading Spaces Required
2
0
0 - 185.9 m (0 - 1,999 sq. ft.)
2
1
186 m (2000 sq. ft.) - 2,350
2
m (25,300 sq. ft.)
2
2
2,351 m - 7,450 m
(25,301 - 80,200 sq. ft.)
greater than 7,450 m2 (80,200
sq. ft.)
2
2, plus 1 additional space for each
additional
2
9,300 m (100,000 sq. ft.) of gross floor
area
Industrial
2
1
0 - 280 m (0 - 3,000 sq. ft.)
2
2
281 - 2,350 m
(3,001 - 25,300 sq. ft.)
2
3
2,351 - 7,450 m
(25,301- 80,200 sq. ft.)
greater than 7,450 m
(90,200 sq. ft.)
2
3, plus 1 additional space for each
2
additional 9,000 m (97,000 sq. ft.)
5.2.2 Access to loading or unloading spaces shall be by means of a driveway at
least 6 m (20 ft.) wide contained within the lot on which the spaces are
October 23, 2006
79
located and leading to a public street or land located within or adjoining the
Commercial or Industrial Zone. All vehicular movement required to access
the loading zone shall be accommodated on private property.
5.2.3 The required loading space or spaces shall be located in the interior side or
rear yard.
5.2.4 Addition to or Change in use of Building
If an addition is made to the building or structure which increases the floor
area, then loading spaces shall be provided for such addition as required by
Section 5.2.1. Where a change in use of the building or structure occurs,
loading spaces provided as in Section 5.2.1.
October 23, 2006
SECTION 6
6.1
80
ZONES AND ZONING MAPS
ESTABLISHMENT OF ZONES, SYMBOLS AND SECTION NUMBERS
6.1.1 The provisions of this By-law shall apply to all lands within the limits of the
Corporation which lands for the purpose of this By-law are divided into
various zones as follows:
ZONE
SYMBOL
SECTION
Rural 1 Zone
RU1
7
Rural 2 Zone
RU2
8
Rural 3 Zone
RU3
9
Urban Residential Type One Zone
R1
10
Urban Residential Type Two Zone
R2
11
Urban Residential Type Three Zone
R3
12
Hamlet Residential Zone
HR
13
Limited Service Residential Zone
LSR
14
Mobile Home Park Residential Zone
MHR
15
Rural Residential 1 Zone
RR1
16
Rural Residential 2 Zone
RR2
17
Core Commercial Zone
CC
18
General Commercial Zone
CG
19
Local Commercial Zone
CL
20
Rural Zones
Residential Zones
Commercial Zones
October 23, 2006
81
Highway Commercial Zone
CH
21
Tourist Commercial Zone
TC
22
Trailer Park Commercial
TPC
23
General Industrial Zone
MG
24
Heavy Industrial Zone
MH
25
Rural Industrial Zone
MR
26
Extractive Industrial Zone
MX
27
Waste Disposal Industrial Zone
MD
28
Institutional Zone
I
29
Open Space Zone
OS
30
Environmental Protection Zone
EP
31
EPW
32
FD
33
Industrial Zones
Environmental Protection - Provincially Significant
Wetland Zone
Future Development Zone
6.1.2 The permitted uses, the minimum size and dimensions of lots, the minimum
size of yards, the maximum lot coverage, the maximum gross floor area, the
minimum landscaped open space, the maximum height of buildings and all
other zone provisions are set out herein for the respective zones.
6.2
ZONING MAPS
The extent and boundaries of all the said zones are shown on any of the
Schedules attached to and forming part of this By-law which Schedules forms
a part of this By-law and is attached hereto.
6.3
USE OF ZONE SYMBOLS
The symbols listed in Subsection 6.1 may be used to refer to land, buildings
and structures and the uses thereof permitted by this By-law in said Zones;
and whenever in this By-law the word "Zone" is used, preceded by any of the
said symbols, such zones shall mean any area within the boundaries
October 23, 2006
82
delineated on the Zoning Maps, any of the Schedules attached to and
forming part of this By-law, and designated thereon by the said symbol.
6.4
APPLICATION OF REGULATIONS
No person shall within any of the Zones defined in this By-law and delineated
on the Zoning Maps, any of the Schedules attached to and forming part of
this By-law, hereto appended, use any land or erect, build, construct,
reconstruct, relocate, excavate for, alter, add to, enlarge, extend or use any
building or structure, except in conformity with the regulations of this By-law
for the zone in which such land, building, structure or use is located.
October 23, 2006
83
SECTION 7 RURAL 1 (RU1) ZONE
No person shall within any Rural 1 (RU1) Zone use any land or erect, alter or use
any building or structure except in accordance with the following provisions:
7.1
PERMITTED RESIDENTIAL USES
7.1.1 one single detached dwelling
7.1.2 home business
7.1.3 rural home business
7.1.4 private home day care
7.1.5 bed and breakfast establishment
7.1.6 group home
7.1.7 uses, buildings and structures accessory to the foregoing permitted
residential uses
7.1.8 accessory farm accommodation
7.2
PERMITTED NON-RESIDENTIAL USES
7.2.1 agriculture
7.2.2 commercial greenhouses
7.2.3 conservation area including low impact outdoor recreation activities, nature
study and wildlife areas, or other similar use as provided for the preservation
of the natural environment
7.2.4 equestrian centre
7.2.5 farm
7.2.6 farm produce outlet
7.2.7 forestry and reforestation
7.2.8 garden and nursery sales and supply establishment
7.2.9 kennel
October 23, 2006
84
7.2.10 maximum of two windmills in accordance with the provisions of Section
4.33 of this By-law
7.2.11outdoor furnace in accordance with the provisions of Section 4.32 of this
By-law
7.2.12 wayside pit and wayside quarry, in accordance with provisions of Section
4.21 of this By-law
7.2.13 public uses or utilities in accordance with the provisions of Section 4.23 of
this By-law
7.2.14 uses, buildings and structures accessory to the foregoing permitted nonresidential uses
7.2.15 farm winery (added by Amending By-law 2433-2009)
7.2.16
7.3
mobile restaurant (added by Amending By-law 3064-2012)
REGULATIONS FOR PERMITTED USES
7.3.1 Minimum Lot Area
10 ha (24.7 ac.)
7.3.2 Minimum Lot Frontage
60 m (200 ft.)
7.3.3 Minimum Front Yard
15 m (50 ft.)
7.3.4 Minimum Exterior Side Yard
15 m (50 ft.)
7.3.5 Minimum Interior Side Yard
7.5 m (25 ft.)
7.3.6 Minimum Rear Yard
15 m (50 ft.)
7.3.7 Maximum Lot Coverage (all buildings and structures)
10 %
7.3.8 Minimum Landscaped Open Space
30 %
7.3.9 Maximum Height of Buildings
10 m (33 ft.)
7.3.10 Maximum Number of Dwelling Units Per Lot
1
7.3.11Minimum Dwelling Unit Area Requirement
90 m (970 sq. ft.)
2
7.3.12 Maximum Number of Accessory Farm Accommodation Units
1
October 23, 2006
7.4
85
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking,
Driveway and Loading Provisions, of this By-law where applicable to the use
of any land, building or structure permitted within the Rural 1 (RU1) Zone
and any special zone thereunder, shall apply and be complied with.
7.5
SPECIAL RURAL 1 (RU1) ZONES
Except as specifically exempted or varied with the following special zones, all
other requirements of this By-law shall apply.
7.5.1 RU1-1 Zone (Part of Lot 11, Concession 1, LSWCV, Ward of North
Marysburgh
Notwithstanding any provisions of this By-law to the contrary, within the
RU1-1 Zone, the following provisions shall apply:
i.
Minimum interior side yard, south side
15.0 m (49.2 ft.)
7.5.2 RU1-2 Zone (Part of Lot 4, Concession 3 South Side East Lake, Ward
of Athol) (Part of Lot 16, Concession 2, West Green Point, Ward of
Sophiasburgh)
i.
The use of the barn existing on the day of passing of this By-law and
future improvements thereto shall be restricted to dry storage only.
7.5.3 RU1-3 Zone (696444 Ontario Limited) Part of Lots 80 & 81,
Concession 1, 349 Gore Road, Ward of Ameliasburgh) Amending Bylaw No. 2974-2011
Notwithstanding any provisions of the By-law to the contrary, within the
i.
Lot Area (Minimum)
8.1 ha (20 ac)
All other provisions of the RU1 Zone and By-law No. 1816-2006, as
amended, shall apply to the lands zoned RU1-3.
October 23, 2006
86
7.5.4 RU1-4 Zone (Part of Lot 14, Concession 1, North Black River, Ward of
South Marysburgh)
i.
ii.
ii.
The only permitted non-residential use shall be forestry uses, including
a sawmill.
Minimum Lot Area
2.6 ha (6.4 ac.)
Minimum Lot Frontage
200 m (656 ft.)
7.5.5 RU1-5 Zone (Part of Lots D, Concession 2, South of Black River, Ward
of South Marysburgh)
i.
ii.
iii.
iv.
198 m (650 ft.)
The two separate conveyable lots zoned RU1-7, totaling approximately
2.1 ha (5.3 ac.) are considered to be one lot for the purpose of this
By-law.
Side yard setback requirements are exempted, save and except for
along those lot lines abutting parcels not zoned RU1-5.
The keeping and housing of livestock on the property will be limited to
a maximum of five (5) horses, or the equivalent number of animal
units.
7.5.6 RU1-6 Zone (Ward of North Marysburgh)
i.
Two single detached dwellings shall be permitted.
7.5.7 RU1-7 Zone (Part of Lot 7, Concession 2 North of Black River, Ward
of North Marysburgh)
i.
Lands zoned Environmental Protection (EP) on the said lot, may be
included in the calculation of lot frontage.
7.5.8 RU1-8 Zone (Part of Lot 5, Concession I West of Cape Vesey, Ward of
North Marysburgh) (Part of Lot 13, Concession Lakeside, West of
Cape Vesey, Ward of North Marysburgh) (Part of Lot 9, Concession II
North of Black River, Ward of North Marysburgh)
(Part of Lots 13
and 14, Concession North Side of East Lake, Ward of Athol) (Ward of
October 23, 2006
87
Hillier) (Part of Lots 19 & 20, Concession 2 MT, Ward of Hallowell)
(Part of Lot 7, Concession 1, NWCP, Ward of Hallowell)
i.
46 m (150.9 ft.)
7.5.9 RU1-9 Zone (Part of Lot 19, Concession Lakeside West of Cape Vesey,
Ward of North Marysburgh)
i.
Lands zoned Environmental Protection (EP) on the said lot, may be
included in the calculation of lot area.
7.5.10 RU1-10 Zone (Part of Lots 3, 4 and 5, Concession Ordinance
Reserve, Ward of North Marysburgh)
i.
No residential development shall be located within 221 m (725 ft.) of
the northerly poultry barns.
ii.
The existing tree cover on the lots and particularly on the sloped areas
shall be maintained.
iii.
No development shall be permitted within 30 m (98.4 ft.) of the top of
the shoreline bluff.
iv.
No shoreline alterations shall occur without the written approval of the
Ministry of Natural Resources.
7.5.10 RU1-11 Zone (Part of Lots 3 and 4, Gore A, Ward of North
Marysburgh)
i.
A welding and machinery repair workshop is permitted as a rural home
business.
ii.
No outside storage of equipment, materials, supplies, goods or tools
shall be permitted in connection with the workshop use and all
activities related thereto shall be wholly enclosed within one building
October 23, 2006
88
2
containing a maximum of 390 .18 m (4,200 sq. ft.) of gross floor
area.
7.5.12 RU1-12 Zone (Part of Lot 13, Concession Lakeside West of Cape
Vesey, Ward of North Marysburgh)
i.
ii.
Minimum front yard
8.2 m (27 ft.)
The existing second detached dwelling is a permitted accessory use.
7.5.13 RU1-13 Zone (Part of Lot 13, Concession Lakeside, West of Cape
i.
ii.
iii.
iv.
Minimum lot area
6.5 ha (16.1 ac.)
Minimum lot frontage
55 m (180.4 ft.)
Minimum front yard depth
6 m (19.7 ft.)
The second dwelling existing on the date of passing of this By-law shall
be a permitted accessory use.
7.5.14 RU1-14 Zone (Part of Lot 33, Concession South Black River, Ward of
South Marysburgh)
i.
A motor vehicle repair garage is permitted as a rural home business
operated in the accessory buildings existing on the date of passing of
this by-law.
ii.
The buildings existing on the date of passing of this by-law and any
future additions and/or improvements thereto are a permitted use
providing that the existing building setbacks are not further reduced
beyond the provisions of the RU1 Zone.
7.5.15 RU1-15 Zone (Part of Lots 6 and 7, Concession Lakeside East of
Cape Vesey, Ward of North Marysburgh)
i.
ii.
Minimum lot area
3.6 ha (8.8 ac.)
All development, including septic systems and driveways is prohibited
below the 1:100 year flood elevation of 75.8 m (248.6 ft.) G.S.C.
October 23, 2006
iii.
89
The minimum setback for residential uses from any livestock operation
on an adjacent property is 220.0 m (721.7 ft.).
7.5.16 RU1-16 Zone (Ward of Athol)
i.
A reptile breeding establishment shall also be a permitted use.
7.5.17 RU1-17 Zone (Part of Lot 1, Concession South Side of East Lake,
Ward of Athol)
i.
21 m (70 ft.)
7.5.18 RU1-18 Zone (Ward of Hillier)
i.
ii.
Minimum lot area
3.2 ha (7.9 ac.)
47.2 m (154.8 ft.)
7.5.19 RU1-19 Zone (Part of Lot 19, Concession 3, Ward of Hillier)
i.
ii.
iii.
iv.
v.
Minimum lot area
1.8 ha (4.4 ac.)
85 m (278.9 ft.)
Minimum rear yard for a dwelling
61 m (200.13 ft.)
The two poultry barns existing on the date of passing of this by-law
are a permitted use provided that the existing building setbacks are
not further reduced.
Lands within the Environmental Protection (EP) Zone on the same lot
may be used in the calculation of lot area and lot frontage.
i.
An existing dormitory shall be permitted as an accessory use to an
equestrian centre.
October 23, 2006
90
i.
A Girls Home as defined herein shall be a permitted residential use.
ii.
For the purposes of this section a “Girls Home” shall mean a single
detached dwelling in which three to sixteen persons (exclusive of
supervisory staff) between the ages of sixteen and thirty live in as a
family under responsible supervision, consistent with the particular
needs of its residents. The home must be inspected and approved by
the Health and Fire Departments. It may also include portable
classrooms to be used for instructional purposes.
iii.
Minimum lot area
1.5 ha (3.7 ac.)
7.5.22 RU1-22 Zone (Ronald Binch, 14136 Highway No. 33 (Loyalist
Parkway) Part of Lots 11 & 12, Concession 2 Military Tract, Ward of
Hallowell; and Part of Lot 125 & Part of Mill Pond South of Lot 120,
Registered Plan 2, Ward of Bloomfield) (Amending By-law No. 27472010)
Notwithstanding any provision of By-law No. 1816-2006 as amended to the
contrary, on the lands zoned RU1-22 the following special provision shall
apply:
i.
Lot Area (Minimum)
6.3 ha (15.5 ac.)
7.5.23 RU1-23 Zone (Part of Lots 10 & 11, Concession 1 North West West
Lake, Ward of Hallowell; Part of Lot 84, Concession 1, Ward of
Ameliasburgh)
(Paul Boyd, Part Lots 84, Concession 1 Bayside, Ameliasburgh)
(Amending By-law No. 2662-2010)
(Jean Dorenbert, Part Lot 11, Concession 2 SWGP, Sophiasburgh,
Amending By-law No. 3275.2013)
i.
Residential uses shall be prohibited.
All other provisions of the RU1 Zone and By-law No. 1816-2006, as amended
shall apply to the lands zoned RU1-23.
October 23, 2006
91
7.5.24 RU1-24 Zone (Part of Lot 2, Concession 2, North West West Lake,
Ward of Hallowell)
i.
Minimum lot area
1.2 ha (2.96 ac.)
ii.
The dwelling, two accessory buildings and the barn existing on the
date of passing of this by-law and any future additions and/or
improvements thereto, are a permitted use, providing that the building
setbacks from the side and rear lot lines and the County Road are not
further reduced.
iii.
The keeping of a maximum total of five (5) horses on the property
within the accessory building located between the dwelling and the
barn, or within the barn, is a permitted use.
7.5.25 RU1-25 Zone (Part of Lot 3, Block B, Ward of Hallowell)
i.
A maximum number of five (5) horses are the only livestock permitted
on the property.
ii.
A barn to house a maximum of five (5) horses shall be located a
minimum of 54.8 m (180 ft.) from the nearest neighbour’s dwelling ,
in accordance with the Minimum Distance Separation (MDS) Formulae
II.
iii.
Any house located on the property shall be sited in accordance with
the requirements of the Minimum Distance Separation (MDS) Formula
I.
7.5.26 RU1-26 Zone (Part of Lot 10, Concession 11, Military Tract, Ward of
Hallowell)
i.
ii.
Minimum lot area
4 ha (9.88 ac.)
0 m (0 ft.)
October 23, 2006
92
Ward of Hallowell)
i.
ii.
iii.
iv.
Minimum lot area
4.2 ha (10.3 ac.)
103 m (337.9 ft.)
The horse barn existing on the date of passing of this by-law and any
future additions and/or improvements thereto, is a permitted use,
providing that the existing exterior side yard is not further reduced.
An equestrian centre and associated ancillary uses, including a tack
shop, housing up to a maximum of thirty-five (35) horses, is a
permitted use.
Hallowell) (deleted by By-law No. 2952-2011 – Technical Cleanup)
RU1-28 Zone (Estate of Barbara Prettie, Lot 1, Concession 1, South
Side East Lake, County Road No. 10, Ward of Athol)(Amending Bylaw No.2993-2012)
contrary, on the lands zoned RU1-28, the following special provision shall
apply:
i.
Minimum lot area
8 ac (3.2 ha)
7.5.29 RU1-29 Zone (Part of Gore BB, Concession 1, South Side East Lake,
Ward of Athol)
i.
Permitted non-residential uses shall also include the following:
1.
2.
3.
4.
Farm produce outlet
Garden and nursery sales and supply establishment
An antiques and collectables shop
A retail commercial establishment selling a limited range of
products such as cheese, curd, ice cream, soft drinks, home
baking and snack foods.
October 23, 2006
93
7.5.30 RU1-30 Zone (Part of Lot 103, Concession 2, Ward of Ameliasburgh)
i.
3.65 m (11.975 ft.)
7.5.31 RU1-31 Zone (Part of Lot 14, Concession 2, South West Green Point,
Ward of Sophiasburgh)
i.
Minimum setback from the street centre line for all buildings and
structures shall be 160 m (525 ft.)
7.5.32 RU1-32 (Peter & Yvonne Worthington, 17579 Highway No. 33, Part
Lot 17,Concession 1, Ward of Hillier) (Amending By-law No. 25172009)
apply:
i.
ii.
Minimum Lot Area
3.2 ha (8 ac.)
12.2 m (40 ft.)
7.5.33 RU1-33 Zone (Part of Gore “C”, Ward of Sophiasburgh)
i.
The existing dwelling may be used as a converted dwelling, containing
a maximum of three (3) dwelling units.
ii.
Minimum lot area
2.9 ha (7.2 ac.)
iii.
214 m (702.1 ft.)
7.5.34 RU1-34 Zone (Part of Gore “C”, Ward of Sophiasburgh)
i.
Minimum lot area
2.9 ha (7.2 ac.)
October 23, 2006
ii.
iii.
iv.
94
214 m (702.1 ft.)
One (1) single family dwelling shall be the only permitted residential
use on the lands zoned RU1-34.
Minimum setback of residential buildings from the barn existing on the
date of passing of this by-law and located on the southerly side of the
Fish Lake Road shall be 257 m (843.1 ft.)
7.5.35 RU1-35 Zone (Post, Part of Lots 38 & 39, Concession Big Island,
Notwithstanding any provision of By-law 1816-2006, as amended, to the
contrary, on the lands zoned RU1-35, the following provisions shall apply:
i.
ii.
iii.
iv.
Minimum lot area
2.8 ha (7ac)
186 m (610 ft.)
The buildings existing as of the date of passing of this by-law shall
only be used for the purposes of dry storage.
Livestock shall not be permitted within buildings or structures existing
as of the date of adoption of this by-law.
7.5.36 RU1-36 Zone (Part of Lots 6 & 7, Concession Big Island, Ward of
Sophiasburgh)
i.
ii.
iii.
The barn existing on the date of passing of this by-law shall only be
used for the purpose of dry storage only.
The keeping of livestock in the existing barn is prohibited.
224 m (734.9 ft.)
7.5.37 RU1-37 Zone (Part of Lot 51, Concession 2, West Green Point, Ward
of Sophiasburgh)
i.
ii.
iii.
iv.
A kennel for the breeding, raising and sale of purebred dogs shall be a
permitted use.
Minimum lot area
0.69 ha (1.7 ac.)
86 m (285 ft.)
Minimum rear yard for garage
1.8 m (6.0 ft.0)
October 23, 2006
95
7.5.38 RU1-38 Zone (OMB Case No. PL060518)
Reserved
7.5.39 RU1-39 Zone (Part of Lot 60, Concession 3, Bayside, Ward of
Ameliasburgh)
i.
ii.
Residential uses shall not be permitted.
Minimum lot area
9.7 ha (23.96 ac.)
i.
Access shall only be available from County Road No. 19.
7.5.41 RU1-41 Zone (Part of Lots 53 & 54, Concession 2, Ward of
Ameliasburgh)
i.
ii.
iii.
iv.
Minimum setback from a municipal road
Minimum side yard
Minimum setback from the Bay of Quinte
The keeping of livestock in the existing barn
170.0 m (557.7 ft.)
7.6 m (24.9 ft.)
45 m (147.63 ft.)
is prohibited.
Ameliasburgh) (Removal of H Amending By-law No. 3219-2013) –
Hotch)
i.
ii.
iii.
iv.
Minimum setback from a municipal road
Minimum side yard
Minimum setback from the Bay of Quinte
A By-law shall not be enacted to remove the
until such time as:
1.
170.0 m (557.7 ft.)
7.6 m (24.9 ft.)
45 m (147.63 ft.)
“Holding” (-H) symbol
A preliminary archaeological assessment on the proposed
building envelopes has been completed and approved by the
County.
October 23, 2006
2.
3.
96
A report certifying that potable water at a rate of 15.9 litres per
minute (3.5 gallons per minute) with a 0/0 faecal coliform and
total coliform level is available has been completed and
approved by the County.
An erosion/sediment control plan has been completed and
approved by the County.
7.5.43 RU1-43 Zone Sonja Frankfurt, Part Lots 12 & 13, Concession 4
South Side East Lake, Ward of Athol(Amending By-law No. 29382011)
apply:
(i)
Lot Area (minimum)
8.5 ha ( 21 ac)
All other provisions of the RU1 Zone and By-law No. 1816-2006 as amended,
7.5.44(a) RU1-44 Zone 1709942 Ontario Inc., Part Lot 60, Concession 2
Broken Front, Ward of Sophiasburgh)(Amending By-law No. 29472011)
apply:
(i)
Lot Area (minimum)
10 ha (25 ac)
7.5.44(b) RU1-44-H Zone (Jacqueline Norton, Part of Lots 14, 15 & 16,
Concession IV, SSEL, Part of Lot 41, RCP #3, Ward of
Athol)(Amending By-law No. 2991-2012)
contrary, on the lands zoned RU1-44-H the following special provisions shall
apply:
i.
A By-law shall not be enacted to remove the “Holding” (-H) symbol
until such time as:
1. All blanket right-of-ways/easements over the lands zoned RU1-44H, known as Lot 41, Registrar’s Compiled Plan No. 3 are removed, to
the satisfaction of the Municipality.
October 23, 2006
97
ii.
Prior to the removal of the “Holding” (-H) symbol, the only uses,
buildings or structures permitted shall be those existing on the date of
passing of this By-law.
iii.
Upon removal of the “H” symbol from the RU1-44-H Zone, all the
provisions of the RU1 Zone and this By-law shall apply to the lands
zoned RU1-44.
amended, shall apply to the lands zoned RU1-44-H.
7.5.45 RU1-45 Zone (Part of Lots 51 & 52, Concession Bayside, Ward of
North Marysburgh)
i.
ii.
49.0 m (160.7 ft.)
may be included in the calculation of lot area.
i.
ii.
The existing barn shall be used for the purpose of dry storage only.
i.
ii.
iii.
Conservation uses shall also be permitted
Minimum setbacks for the main building
1.
From the Bay of Quinte
2.
From the County Road
55.0 m (180.4 ft.)
45.0 m (147.6 ft.)
170.0 m (557.7 ft.)
7.5.48 RU1-48 Zone (Part of Lots 23 & 24, Concession 1, Ward of Hillier)
i.
ii.
The keeping of livestock is prohibited.
59.4 m (195 ft.)
October 23, 2006
98
7.5.49 RU1- 49 Zone (Part of Lot 3, Concession II, South Side East Lake,
Ward of Athol)
RU1-49 zone, the following provisions shall apply:
i.
ii.
Minimum lot area
6.1 ha (15 ac.)
Existing or new out buildings or accessory buildings shall be used for
dry storage purposes only and at no time shall they be used for the
purposes of housing livestock.
7.5.50 RU1-50 Zone (Part of Gore BB, Concession 1, Wards of Athol and
Hallowell)
Notwithstanding any provisions of this by-law to the contrary, within the
i.
ii.
Minimum lot area
2.2ha (5.5 ac)
The existing outbuildings shall not be used for the purposes of housing
animals or as a dwelling.
Hallowell)
i.
0 m (0 ft.)
7.5.52 RU1-52 Zone (Gill, Part Lot 73, Concession 3, Ward of
Ameliasburgh)
i.
Any new dwelling on the lands zoned RU1-52 shall be a minimum of
800 m (2624.7 ft) from the closest point of the active Ameliasburgh
Landfill Site, located on Part of Lot 71, Concession 3, and illustrated on
Schedule ‘2’ to Amending By-law No. 1352-2004.
October 23, 2006
99
(Lot 102, Concession 5, Ward of Hillier)
Notwithstanding any provisions of this by-law to the contrary, in the RU1-53
zone, the following provisions shall apply:
i.
Access to the lot may be provided by a private right-of-way from
County Road No. 1.
ii.
There is no commitment from or requirement of the County to assume
year-round maintenance of the private right-of-way. Levels of service
provided to the lot, including the level of emergency response, may be
limited or reduced.
7.5.54 RU1-54 Zone (Part of Lot 9, Concession South East Carrying Place,
Ward of Ameliasburgh)
Notwithstanding the provisions of this by-law to the contrary, within the RU154 zone, the following provisions shall apply:
i
ii.
Minimum lot area
Minimum interior side yard
1.6 ha (4 ac)
5 m (16.4 ft.)
7.5.55 RU1-55 Zone (Part of Lot 65 & 66, Concession 2, Ward of
Ameliasburgh)(Amending By-law No. 2222-2008)
Notwithstanding the provisions of By-law No. 1816-2006, as amended, to the
contrary, on the lands zoned RU1-55, the following provision shall apply:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
The permitted uses shall be limited to:
1)
A garden nursery sales and supply establishment;
2)
Commercial Green Houses;
3)
Party Supply Rental Business
A single detached dwelling is not a permitted use.
For the purpose of the RU1-55 zone, a “Party Supply Rental Business”
shall mean:
A business where equipment and supplies associated with social
gatherings including but not limited to weddings, private banquets or
parties, family reunions, etc. are rented to the public, including indoor
storage and display of items for rent. This does not permit food
storage, food preparation or service, nor does it permit the hosting of
events on-site.
Minimum Lot Area
0.93 ha (2.3 ac)
Minimum Front Yard
6.1 m (20 ft)
Maximum Lot Coverage
45%
A minimum of 11 parking spaces shall be provided.
Maximum gross floor area for:
1)Indoor storage for Party Supply Rental Business 1,394 m2 (15,000 ft2)
October 23, 2006
ix.
100
2)Indoor display for Party Supply Rental Business 167 m2 (1,800 ft2)
The Site Plan Control provisions of Section 41 of the Planning Act,
R.S.O., 1990, as amended shall apply to the lands zoned RU1-55.
7.5.56 RU1-56 Zone (Lot 12, L.R.C.P. 28, Ward of Hallowell)
(Linda Cooper, Part Lot 45, Concession Big Island, Ward of
Sophiasburgh)(Amending By-law No. 2520-2009)
(Voskamp Poultry Farm Ltd., Part Lot 86, Concession 2, Ward
of Ameliasburgh)(Amending By-law No. 3127-2012)
apply:
i.
Minimum lot area
2.7 ha (6.7 ac)
7.5.56 RU1-57 Zone (Lot 20, Concession 3 Military Tract, Ward of
Hallowell)
(Randy & Kerry Wilkinson (Part of Lot 5, Concession LWCV, Ward of
North Marysburgh)(Amending By-law No. 3046-2012)
Notwithstanding the provisions of this by-law to the contrary, in the RU1-57
i.
ii.
iii.
Minimum lot area
4 ha (9.9 ac)
39.6 m (130 ft.)
The keeping of livestock in a barn shall be limited to horses only.
7.5.58 RU1-58 Zone (Cooper, Part Lot 45, Concession Big Island, Ward of
Sophiasburgh)
i.
In addition to the uses normally permitted in the RU1 Zone, the
following uses shall also be permitted:
a yoga retreat may be established as a home business in a
single family dwelling provided that the gross floor area of the
yoga retreat use does not exceed 157.9 sq m (1,700 sq. ft.) of
the floor area of the single family dwelling.
October 23, 2006
101
7.5.59 RU1-59 Zone (Part of Lot 51, Concession Bayside, Ward of North
Marysburgh)
i.
The drive shed existing as of the date of passing of this by-law may be
used as an antique shop or a woodworking workshop, in addition to
other uses permitted in the RU1 zone.
7.5.60 RU1-60 Zone (Mason, Part Lots 36, 37 & 38 Concession 1 West
Green Point, Ward of Sophiasburgh)(Mason, Part Lots 36 & 37
Concession 2 West Green Point, Ward of Sophiasburgh)
(Williams, Part Lots 20 & 21, Concession Big Island, Ward of
Sophiasburgh)
i.
Minimum rear yard
40 m (131.2 ft)
7.5.61 RU1-61 Zone (John & Verna Hirtz, Ward of Athol)
i.
ii.
Minimum lot area
12.4 ha (30.7 ac.)
dry storage purposes only and at no time shall they be used for the
purpose of housing livestock.
7.5.62 RU1-62 Zone (Florence Waterhouse, (1470757 Ontario Inc.,
Part Lot 67, Concession 2, Ward of Ameliasburgh)
i
The barn existing on the date of passing of this by-law shall be used
for dry storage only.
7.5.63 RU1-63 Zone (Part Lot D, Concession 2 South Black River, Ward of
South Marysburgh)
i.
The keeping and housing of livestock on the property will be limited to
a maximum of 5 horses, or the equivalent number of livestock units.
October 23, 2006
102
7.5.64 RU1-64 Zone (Shirwill Holdings, Part Lots 7 & 8, Concession 1
North West West Lake, Ward of Hallowell)
Refer to: 7.5.118( RU1-118) By-law No. 2436-2009
7.5.65 RU1-65 Zone (Watson & Josic, Part Lot 10, Concession 1 North West
Carrying Place, Ward of Hallowell)
i.
ii.
following uses shall also be permitted within the existing outbuildings:
1.
blacksmith shop
2.
multi-media art studios including stained glass, pottery and
glassblowing studios
3.
art gallery
4.
uses normally incidental and accessory to the foregoing.
The requirements of Section 41 of the Planning Act, R.S.O., 1990,
c.P.13, as amended, relating to Site Plan Control shall apply to the
lands zoned RU1-65.
7.5.66 RU1-66-H Zone (Point Petre Lots, Ward of Athol)
Notwithstanding the provisions of this by-law to the contrary, within the RU166-H Zone, the following provisions shall apply:
1.
2.
3.
No person shall within a RU1-66-H Zone erect any building or structure
for any purpose or shall use any land or alter or enlarge any building
or structure except for the following permitted uses:
(i)
buildings and structures and uses existing on the date of
A by-law shall not be enacted to delete the ‘H’ symbol on part(s) or all
the lands zoned RU1-66-H until the following conditions have been
satisfied:
(i)
the owner(s) shall have acquired direct frontage and access
onto a year round public maintained road.
Upon removal of the ‘H’ symbol from the RU1-66-H Zone, all the
provisions of the RU1 Zone and this By-law shall apply to the lands
zoned RU1-66.
7.5.67 RU1-67 Zone (Shawn & Petra Cooper, Lot 2, Concession Lakeside
East Cape Vesey, Ward of North Marysburgh)
October 23, 2006
i.
ii.
103
In addition to the uses normally permitted in the RU1 Zone the
a cheese factory, including processing, storage, display,
administration functions, and an accessory retail outlet.
uses normally incidental and accessory to the forgoing.
lands zoned RU1-67.
7.5.68 RU1-68 Zone (Jenson & MacLean, Lots 1 & 2, Concession Long
Point, Ward of South Marysburgh)
i.
The cottage being used for storage at the date of passing of this bylaw shall be permitted for dry storage only and not for human
habitation.
7.5.69 RU1-69 Zone (Rankin, Lot 16, Concession 1 South Side East Lake,
Ward of Athol)(St. Pierre, Lots 5 & 6, Concession Lakeside East Cape
i. The raising of livestock shall not be permitted on the lands zoned RU1-69.
ii. minimum lot area
2.6 ha (6.5 ac)
All other provisions of the RR1 Zone and By-law No. 1816-3006, as
amended shall apply to the lands zoned RU1-69.
7.5.70 RU1-70 Zone (Wilson, Part Lots 25, 26 & 27, Concession Round
Prince Edward Bay, Ward of South Marysburgh)
(Farrow, Part Lots 41 & 42, Concession 1 South West Green Point,
Ward of Sophiasburgh)(Hoekstra, Part Lot 16, Concession 2 South
West Green Point, Ward of Sophiasburgh)
i.
0 m (0 ft)
7.5.71 RU1-71 Zone (Langlois & Lorenzo, Part Lot 17, Concession 1, Ward
of Hillier)
October 23, 2006
i.
ii.
iii.
104
A winery, including wine tasting, retail, processing, storage,
display, and administrative functions;
A farm produce outlet;
a maximum of one (1) accessory dwelling for full-time farm
help;
A vineyard; and
Uses that are normally incidental and accessory to the main
permitted uses.
A restaurant or banquet facility is not a permitted use.
The requirements of Section 41 of the Planning Act, R.S.O. 1990,
lands zoned RU1-71.
7.5.72 RU1-72 Zone (Thompson & Quinn, Part Lot 37, Concession 2 West
Green Point, Ward of Sophiasburgh)
i.
ii.
following uses shall be permitted:
a kennel - meaning a place or confine where dogs are bred and
raised and/or boarded meeting all requirements of the Prince
Edward County Canine Control By-law, as amended,
outdoor dog runs
dog boarding, breeding services
dog obedience classes for dogs temporarily on site for less than
12 hours accompanied by their owners at all times
dog foster/rescue service
the total number of dogs permitted on site shall not exceed a
maximum of forty (40) adult dogs ( over three months of age)
either for a) dogs owned for personal pleasure of the applicants;
b) those being boarded on site for other absentee dog owners ;
and c) those being cared for by the applicants in a foster home
/rescue situation.
uses normally incidental and accessory to the foregoing
The requirements of Section 41 of the Planning Act , R.S.O., 1990 c.P.
13, as amended, relating to Site Plan Control shall apply to the lands
zoned RU1-72.
7.5.73 RU1-73 Zone (Baron, Part Lot 75, Concession 6, Ward of Hillier)
October 23, 2006
i.
ii.
iii.
105
Minimum lot area
4.6 ha (11.5 ac)
Maximum floor area of commercial garage shall be (1,850 sq. ft.)
The property shall be developed in accordance with a duly registered
site plan development agreement as per Section 41 of the Planning
Act, R.S.O. 1990 c.P.13, as amended.
7.5.74 RU1-74 Zone (Young, Part Lot 10, Concession North Side East Lake,
Ward of Athol)(Cairns, Part Lot 76, Concession 2, Ward of
Ameliasburgh)(Greer, Part Lot 28, Concession 2, Ward of Hillier)
Agricultural buildings and structures are the only permitted uses and a
single-family dwelling house shall not be permitted on the lands zoned RU174.
7.5.75 RU1-75 Zone (Huff, Lot 15, Concession 2 Military Tract, Ward of
Hallowell)
i.
Access to the Loyalist Parkway is permitted via property zoned the
RR2-21 Zone.
7.5.76 RU1-76 Zone (Charles & Velda Mounteny, Part of Lot 1, LRCP 29,
Ward of Hallowell)(Amending By-law No. 1836-2006)
(Jamie Lyons, Part of Lot 29, Concession 1 SWGP, Ward of
Sophiasburgh) (Amending By-law No. 2903-2011)
(Sandra Claire Johnson, Part Lot 12 & 13, Concession Big Island,
(Douglas Williams and Leslie and Terry Ann Simpson, Part Lot 13,
Concession 4, South Side East Lake, Ward of Athol)(Amending By-law
No. 3086-2012)
contrary, on the lands zoned RU1-76 the following special provisions shall
apply:
i.
Lot Area (Minimum)
2 ha (5 ac)
7.5.77 RU1-77 Zone (David Frost, Part of Lot 14, Concession 4 South Side
of East Lake, Ward of Athol) (Amending By-law No. 1834-2006)
October 23, 2006
106
(Barbara Turner & Peter Balsillie, Block, Concession 2 South of Black
River, Ward of South Marysburgh)(Amending By-law No. 31022012).
(Carl & Lynda Wood, Pt. Lot 87, Concession 2, Ward of
apply:
i.
Lot Area (Minimum)
5.6 ha (14 ac)
7.5.78 RU1-78 Zone (Dorothy Lewis & William Rorabeck, Part of Lot
10, Concession 2 South Side of East Lake, Ward of Athol)
(Carl & Lynda Wood, Part Lot 87, Concession 2, Ward of
Ameliasburgh) (Amending By-law No. 3084-2012)
apply:
i.
Lot Area (Minimum)
3.2 ha (8 ac)
7.5.79 RU1-79 Zone (Forshaw, Part Lot 65 & 66 Concession 1, Ward of
apply:
i.
Minimum Lot area
3.23 ha (8 ac)
7.5.80 RU1-80 Zone (David & Amanda Rowlandson, Part of Lot 76,
Concession 5, Ward of Hillier) (Amending By-law No. 2362-2009)
(Voskamp Poultry Farm Ltd., Part Lot 86, Concession 2, Ward of
October 23, 2006
107
apply:
i.
Minimum Lot Area
6.1 ha (15 ac)
7.5.81 RU1-81 Zone (Margaret Falconer & Edward Gillam, Part Lot 34,
Concession 1 South West Green Point, Ward of Sophiasburgh)
apply:
i.
Minimum Lot Area
2.22 ha (5.5 ac)
7.5.82 RU1-82 Zone (Robert & Elizabeth Milford, Part Lot 21 & 22,
Amending By-law No. 1876-2007)
apply:
i.
ii.
Minimum Lot Area
1.6 ha (4 ac)
100.5 m (330 ft)
7.5.83 RU1-83 Zone (Jules & Catherine Fortin, Lot 106, Concession 1,
Ward of Ameliasburgh)(Amending By-law No. 1880-2007)
apply:
i.
Minimum Lot Area
3.64 ha (9 ac)
October 23, 2006
108
7.5.84 RU1-84 Zone (Gary & Marlene Wilson, Part of Lots 27 & 28,
Concession Round Prince Edward Bay, Ward of South
Marysburgh) (Amending By-law No. 1902-2007)
(Shirley Tuttle, Part Lot 54, Concession Bayside, Ward of North
Marysburgh)(Amending By-law No. 3162-2012)
apply:
i.
Lot Area (Minimum)
2 ha (5 ac)
7.5.85 RU1-87 Zone (Rosa MacLeod, Part Lot 4, Concession 1 North Black
River, Ward of South Marysburgh)(Amending By-law No. 2826-2011
apply:
i.
Lot Area (Minimum)
3.6 ha (9 ac)
7.5.86 RU1-86 Zone (Zenka & Jekabsons, Part Lot 45 & 46, Concession
North West Green Point & South West Green Point, Ward of
(Zemer Holdings Ltd., Part Lot 93, Concession 3, Ward of
(Sherry Shannon, Part Lot 49, Concession 2 WGP, Ward of
apply:
i.
Minimum Lot Area
4.8 ha (12 ac)
7.5.87 RU1-87 Zone (Douglas Mason, Part Lot 23, Concession 4, Ward of
Hillier)(Amending By-law No. 1906-2007)
apply:
October 23, 2006
i.
ii.
Minimum Lot Area
109
2 ha (5 ac)
45 m (147.6 ft)
7.5.88 RU1-88 Zone (1018105 Ontario Ltd. c/o PEC Farms, Part of Lot 16,
(Gary and Karen Green, Part Lot 8, Concession 2 South Side of
East Lake, Ward of Athol) (Amending By-law No. 2553-2010)
apply:
i.
Lot Area (Minimum)
1.8 ha (4.5 ac)
7.5.89 RU1-89 Zone (Patrice Fallot, Part Lots 65 & 66, Concession Irvine &
Gerow Gore, Ward of Hallowell) (Amending By-law No. 1919-2007)
apply:
i.
ii.
Minimum Lot Area
4 ha (9.88 ac)
The barn existing at the date of the passing of the by-law shall be
limited to dry storage only and the keeping of livestock shall not be a
permitted use.
7.5.90 RU1-90 Zone (Patrice Fallot, Part Lots 65 & 66, Concession Irvine
& Gerow Gore, Ward of Hallowell) (Amending By-law No. 19192007)
(Lachlan & Donna Vanvliet, 2291 County Rd. 3, Pt Lot 88,
Concession 1,Ward of Ameliasburgh) (Amending By-law No. 27302010)
(Farnsworth Construction, Part Lot 2, Concession 2 NBR, Ward of
apply:
October 23, 2006
i.
Minimum Lot Area
110
4 ha (9.88 ac)
7.5.91 RU1-91 Zone (Gordon Carter, Part Lot 89, Concession 2, Ward of
apply:
i.
ii.
iii.
Minimum Lot Area
8 ha (19.7 ac)
The barn existing at the date of the passing of the by-law shall be
limited to dry storage only. The housing of livestock is not a permitted
use.
A single family dwelling shall not be a permitted use on the lands
zoned RU1-91.
7.5.92 RU1-92 Zone (Daniel & Nicole DeAraujo, Part Lot 72, Concession 6,
Ward of Hillier)(Amending By-law No. 1956-2007)
apply:
i.
Minimum Lot Area
7.28 ha (18 ac)
7.5.93 RU1-93 Zone (Bruce & Janet Hoekstra, Part Lot 41, Concession 2
West Green Point, Ward of Sophiasburgh) (Amending By-law No.
1959-2007)
apply:
i.
Minimum Lot Area
5.66 ha (14 ac)
October 23, 2006
111
7.5.94 RU1-94 Zone (Hagerman, Part Lot 17, Concession 2 Military Tract,
Ward of Hallowell)
Notwithstanding any provision of By-law No. 1816-2006, as amended, to the
contrary, on the lands zoned RU1-94, the following special provisions shall
apply:
i.
Minimum Lot Area
5.5 ha (14.2 ac)
7.5.91 RU1-95 Zone (Smith & Muir, Part Lot 7 & 8, Concession 1 North
Black River, Ward of South Marysburgh)
apply:
i.
Minimum Lot Area
2.3 ha (5.75 ac)
7.5.96 RU1-96 Zone (Steve Fox, Part Lot 64, Concession 2 Broken Front,
Ward of Sophiasburgh) (Amending By-law No. 2008-2007)
apply:
i.
Minimum Lot Area
3.23 ha (8 ac)
7.5.97 RU1-97 (Rosa MacLeod)(Part Lot 4, Concession 1 North of Black
River, Ward of South Marysburgh)(Amending By-law No 2826-2011)
apply:
i.
ii.
iii.
Lot Area (Minimum)
Front Yard (Minimum)
Western Interior Side Yard Minimum
3.6 ha (9ac)
75 m (246.1 ft)
30 m (98.4 ft)
October 23, 2006
112
7.5.98 RU1-98 Zone (Jennifer Byford) (Ward of Sophiasburgh) (Amending
By-law No. 2028-2007)
apply:
i.
Minimum Lot Area
3.97 ha (9.8 ac)
7.5.99 RU1-99 Zone (Muschy) (Ward of Hallowell) (Amending By-law No.
2026-2007)
RU1-99 Zone (Erick Mofina, Part of Lot 17, Concession 2 NWWL.
Ward of Hallowell) (Amending By-law No. 3035-2012)
apply:
i.
Minimum Lot Area
3.44 ha (8.5 ac)
7.5.100 RU1-100 Zone (William & Rita Wybenga, Part Lot 33, Concession 1
South West Green Point Ward of Sophiasburgh) (Amending By-law
No. 2025-2007)
Notwithstanding any provision of By-law No. 1816-2006, as amended to the
apply:
i.
Minimum Lot Area
3.2 ha (8 ac)
7.5.101 RU1-101 Zone (Kient-He Winery & Vineyards, Part of Lot 13,
Concession 1, 49 Hubbs Creek Road, Ward of Hillier) (Amending
By-law No. 2455-2009)
October 23, 2006
i.
ii.
iii.
iv.
v.
113
In addition to the uses normally permitted in the RU1 Zone, permitted
uses shall include:
 Farm Winery;
 Uses that are normally incidental and accessory to the
foregoing; and
 A Caretaker Accommodation accessory to and located within the
Winery building.
Minimum Lot Area
5.89 ha (14.559 ac)
For the purposes of this by-law a Caretaker Accommodation shall be
defined as a dwelling unit located in a portion of the Winery building
not exceeding 900 sq. ft. of floor area, located above the first floor and
may only be used by the owner or one (1) full time employee.
For the purposes of this by-law a Farm Winery shall mean a building or
structure or part thereof, associated with agricultural use(s) on the
same farm lot, where wines are produced and may include storage,
display, processing, wine tasting and retail, administrative facilities
and outdoor patio area, but shall not include a restaurant, banquet
facility, or on-site commercial kitchen. Wine tasting and the offering
or sale of locally-grown product samples is considered part of the farm
winery activity.
The requirements of Section 41 of the Planning Act, R.S.O. 1990
c.P.13 as amended, relating to Site Plan Control shall apply to the
lands zoned RU1-101.
7.5.102 RU1-102 Zone (Paul Guernsey, Part Lots 32 & 33, Concession 1
North Black River, Ward of South Marysburgh) (Amending By-law
No. 2036-2007)
apply:
i.
Minimum Lot Area
3.2 ha (8 ac)
7.5.103 RU1-103 Zone (Lake Avenue Resort Park Inc., Part of Lot 17,
Concession 1 SSEL, 37 – 38 Lake Avenue Lane, Ward of
Athol)(Amending By-law No. 3030-2012)
apply:
October 23, 2006
114
i.
permitted uses shall also include:
 Uses, buildings or structures normally incidental and accessory
to the permitted uses in the Special TPC-9 Zone, including a
seasonally operated sewage treatment plant, temporary waste
depot area, seasonal boat storage area, play fields and
recreational equipment.
ii.
Lot Area (Minimum)
iii.
2.5 ha (6.2 ac)
All other provisions of the RU1Zone and By-law No. 1816-2006, as amended
7.5.104 RU1-104 Zone (Michael & Teresa Bell, Part of Lot 90, Concession 2,
Ward of Ameliasburgh) (Amending By-law No. 2058-2007)
apply:
i.
Minimum Lot Area
3.2 ha (8 ac)
7.5.105 RU-105 Zone (Fergus Millar, Part of Lot 15, Concession 1 South
Side East Lake, Ward of Athol) (Amending By-law No. 2057-2007)
apply:
i.
Lot Area (Minimum)
2.6 ha (6.5 ac)
7.5.106 RU1-106 Zone (Colonel By Inn Limited & 882604 Ontario Limited,
13762 Highway No. 33 (Loyalist Parkway) Part of Lot 16,
Concession 2, Military Tract, Ward of Hallowell) (Amending By-law
No. 2090-2007)
October 23, 2006
115
apply:
i.
Minimum Lot Area
8.9 ha (22 ac)
7.5.108 RU1-108 Zone (Hallview Farms Inc., Part of Lot 12, Concession 2
North of Black River, Ward of North Marysburgh) (Amending Bylaw No. 2136-2008)
apply:
i.
No new dwelling unit shall be located within 500 m (1,640 ft) of an
existing or closed/abandoned waste disposal site without the approval
of the Ministry of Environment and the Municipality.
7.5.109 RU1-109 Zone (Hallview Farms Inc., Part of Lot 12, Concession 2
North of Black River, Ward of North Marysburgh) (Amending Bylaw No. 2136-2008)
apply.
i.
Lot Area (Minimum)
4 Ha (10 ac)
7.5.110 RU1-110 Zone (1628759 Ontario Inc. c/o PEC Farms, Part of Lot
77, Concession Irvine & Gerow Gore, Ward of Hallowell)(Amending
By-law No. 2139-2008)
apply.
i.
Lot Area (Minimum)
1.8 Ha (4.5 ac)
October 23, 2006
116
7.5.111 RU1-111 Zone (Richard & Fred Fox, Part Lot 14, Concession 2
North West of West Lake, Ward of Hallowell) (Amending By-law
No. 2162-2008)
contrary, on lands zoned RU1-111, the following provisions shall apply:
i.
Permitted Uses:
1.
Agricultural uses, excluding buildings or structures.
Minimum Lot Area
3.5 ha (8.65 ac)
Minimum Frontage
0 m (0 ft)
ii.
iii.
7.5.112 RU1-112 Zone (Margaret Kirk, Part of Lot 21, Concession 1 North
Black River, Ward of South Marysburgh)(Amending By-law No.
2203-2008)
Notwithstanding any provision of By-law No. 1816-2006 as amended to
the contrary, on lands zoned RU1-112 the following special provisions shall
apply:
i.
Lot Area (Minimum)
2.6 ha (6.5 ac)
amended shall apply to the lands zoned RU1-112.
7.5.113 RU1-113 Zone (Jim Hoy, Wayne Valleau, Durvalinn Duque, Part
Lot 25 & 26, Concession Big Island, Ward of Sophiasburgh)
i.
ii.
iii.
Minimum Lot Area
2.63 ha (6.5 ac.)
A residential dwelling shall not be permitted in the RU1-113 Zone
unless the existing residential dwelling located in the adjacent OS-24
Zone is removed.
Buildings and structures accessory t the residence located in the
adjacent OS-24 shall be permitted in the RU1-113 Zone.
October 23, 2006
117
7.5.114 RU1-114 Zone (Frank Reilly & Nancy Barkman, Part Lot 4,
Concession 1, South of Bay of Quinte, Ward of North
contrary, on lands zoned RU1-114, the following provisions shall apply:
i.
ii.
iii.
iv.
v.
vi.
vii.
Only the following uses are permitted:
1.
A wood working/cabinet making shop with accessory retail
sales/display provided it is located completely within an existing
building.
2.
One (1) storage building, accessory to the wood working/cabinet
making shop.
3.
A single detached dwelling.
4.
Uses, buildings and structures accessory to a single detached
dwelling.
The wood working shop shall be operated solely by the owner(s) of the
property and may have a maximum of one employee.
Open storage is prohibited on the site
Maximum gross floor area for:
1.
Sales and display area
42 m 2 (450 ft2)
2.
Wood working/cabinet shop
177 m2 (1900 ft2)
3.
Accessory storage building
111 m2 (1200 ft2)
Maximum height of accessory storage building
5 m (16.4 ft)
Minimum Interior Side Yard for an accessory
12 m (40 ft)
storage building
Notwithstanding Section 5.1.1 to the contrary a minimum of five (5)
parking spaces shall be required for the woodworking/cabinet making
shop and accessory retail use. At least one (1) of the five (5) required
spaces shall be a barrier-free parking spaces.
7.5.116 RU1-116 Zone (Keith & Brenda Hope, Part Lot 84, Concession 3,
Ward of Ameliasburg) (Amending By-law No. 2206-2008)
(Zemer Holdings Ltd., Part Lot 93, Concession 3, Ward of
i.
Minimum Lot Area
2.4 ha (6 ac)
October 23, 2006
118
7.5.117 RU1-117 Zone (Keith & Brenda Hope, Part Lot 84, Concession 3,
i.
Minimum Lot Area
5.26 ha (13 ac)
7.5.118 RU1-118 Zone (Shirwill Holdings Limited) 15786 Loyalist
Parkway(County Highway No.33) Part of Lots 7 & 8, Concession
North West West Lake, Ward of Hallowell (Amending By-law No.
2436-2009)
i. Notwithstanding any provision of By-law No. 1816-2006 as amended to
the contrary, on the lands zoned RU1-118 the permitted uses shall be:
a.
b.
c.
d.
e.
f.
g.
Farm and agriculture uses;
Commercial greenhouses;
Conservation area including low impact outdoor recreation activities,
nature study and wildlife areas, or other similar use as provided for the
preservation of the natural environment;
Farm produce outlet;
Garden and nursery sales and supply establishment;
Main Barn – Second Floor
Cultural and entertainment events such as musical performances,
theatrical and educational productions and seasonal festivals, art and
craft and antique shows and sales, and catered functions including, but
not limited to weddings, private banquets or parties, family reunions,
etc., which may or may not be catered with complete meals or locally
grown and produced food stuff, the limited sale of convenience foods
and beverages, and a food preparation area, up to a maximum of 165
persons, located entirely on the second floor of the existing barn only,
occupying a maximum floor area of 427 sq. m (4,600 ft2);
Main Barn – First Floor
Limited office, retail and service commercial uses associated with the
ancillary to the special functions hosted on site, and multi-media art
studios and galleries including stained glass and pottery, located on
the first floor of the existing barn only and occupying a maximum floor
area of 167 sq. m (1800 ft2)
A distillery with associated bottling, processing of home grown fruits
and beverage grade spirits and storage facilities located on the first
floor of the existing barn only, occupying a maximum floor area of
250.8 sq. m (2700 ft2)
Main Farm House – (Victorian Residence)
October 23, 2006
h.
i.
j.
k.
119
A Tourist Inn containing a maximum of five (5) guest suites in the
existing Main Farm House; and a maximum of sixteen (16) guest
suites occupying a maximum floor area of 670 sq. m (7,200 ft2),
located in a new addition to the Main Farm House or a building
separate from the Main Farm House provided that the addition or new
building is contained within the envelop shown on Schedule ‘2’;
The exterior form and materials of the new guest accommodation
building or addition shall be consistent with the existing Main Barn –
Osterhout-Henry Hall – and the Carriage House and be compatible in
terms of mass, materials, relationship of solids to voids, and colour of,
yet distinguishable from the historic proportions of the Victorian
residence;
A Spa with a maximum of two (2) employees, located in the rear of
the existing Main Farm House only, occupying two (2) floors with a
total maximum floor area of 150 sq. m (1600 ft2); and
Carriage House
A maximum of one (1) Tourist Inn guest suite located in the Carriage
House, occupying a maximum floor area of 86 sq. m (925 ft2); and
On-site market operations including the sale of fresh and processed
agricultural products such as fresh fruit and vegetables, preserves,
maple syrup and baked goods and the sale of natural non-edible
products such as nursery stock, bedding plants, potted plants, fresh
cut and dried flowers;
Uses normally incidental and accessory to the foregoing including
administrative functions and storage etc., shall also be permitted;
Maximum of one (1) dwelling unit as an accessory use to the Tourist
Inn within the existing Main Farm House or an addition to the Main
Farm House.
ii. For the purposes of this by-law a “Spa” is defined as a low-water
commercial establishment offering health and beauty treatment through
such means as exercise equipment, pedicures, manicures, facials and/or
massages to those individuals staying in the guest suites and/or attending
a function hosted at the farm/site.
iii. A Restaurant use shall not be permitted.
iv. No change of use or additions to any of the existing buildings or
structures or the construction of any new structure or the use of any of
the existing buildings or structures as a single detached dwelling, or long
term residency beyond a 30 day period, will be permitted without
obtaining the necessary approvals and permits from the Ministry of
Environment or its successor and/or the County of Prince Edward with
respect to the onsite sewage disposal systems.
v. Maximim height of new buildings shall be 8.3 m (27 ft) at the ridge of the
roof including any accessory roof construction.
vi. A By-law shall not be enacted to remove the “Holding” (-H) symbol until
such time as:
a. A site plan has been approved and a site plan agreement has been
executed and registered on title of the lands. The agreement shall
October 23, 2006
120
address, among other things: a) the design, construction and
maintenance of screening for neighbouring residential uses; b) the
means by which noise levels in the evening hours can be mitigated onsite, including limiting the hours within which live or recorded music
may be played during cultural and entertainment events and/or
catered functions held in the second floor of the main barn; c) the
design and construction of an upgraded entrance to the site from the
County Highway No. 33 (Loyalist Parkway, including a paved right turn
taper, and d) the exterior form and materials of the new guest
accommodation building, which shall be consistent with the existing
main barn – Osterhout Henry Hall – and the Carriage House and be
compatible in terms of mass, materials, relationship of solids to voids,
and colour, yet distinguishable from the historic proportions of the
Victorian residence.
b. Providing to the Municipality a copy of the current Certificate of
Approval from the Ministry of Environment, or its successor, for all
required private sewage works; if at any time a Municipal
Responsibility Agreement is required, the Municipality is under no
obligation to sign said agreement; and
c. Providing to the Municipality either:
i. a report on any newly constructed well(s) confirming adequate
capacity for the development, that examines the movement of
groundwater on the site and demonstrates no negative impacts on
adjacent private wells, to the satisfaction of the County Chief
Building Official; or
ii. the approval and registration on title of both an easement and
encroachment agreement with the Municipality, in order to
construct a shore well and waterline from West Lake.
vii. Prior to the removal of the “Holding” (-H) symbol, no person shall erect
any building or structure for any purpose or shall use or alter any
building or structure for any purpose except for the following:
a. Farm and agricultural uses;
b. Commercial greenhouses;
c. Conservation area including low impact outdoor recreation
activities, nature study and wildlife areas, or other similar use as
provided for the preservation of the natural environment;
d. Farm produce outlet;
e. Garden and nursery sales and supply establishment;
f. Main Barn – Second Floor
Cultural and entertainment events such as musical performances,
theatrical and educational productions and seasonal festivals, art
and craft and antique shows and sales, and catered functions
including, but not limited to weddings, private banquets or parties,
family reunions, etc., which may or may not be catered with
complete meals or locally grown and produced food stuff, the
limited sale of convenience foods and beverages, and a food
preparation area, up to a maximum of 165 persons, located entirely
October 23, 2006
121
on the second floor of the existing barn only, occupying a
maximum floor area of 427 sq. m (4,600 ft2);
Main Barn – First Floor
Limited office, retail and service commercial uses associated with
the ancillary to the special functions hosted on site, and multimedia art studios and galleries including stained glass and pottery,
located on the first floor of the existing barn only and occupying a
maximum floor area of 167 sq. m (1800 ft2)
g. Existing Main Farm House (Victorian Residence)
A Tourist Inn containing a maximum of five (5) guest suites in the
existing Main Farm House;
A Spa with a maximum of two (2) employees, located in the rear of
the Main Farm House only, occupying two (2) floors with a total
maximum floor area of 150 sq. m (1600 ft2)
h. Carriage House
A maximum of one (1) Tourist Inn guest suite located in the
Carriage House, occupying a maximum floor area of 86 sq.m (925
ft2);
i. On-site market operations including the sale of fresh and processed
agricultural products such as fresh fruits and vegetables, preserves,
maple syrup and baked goods and the sale of natural non-edible
products such as nursery stock, bedding plants, potted plants, fresh
cut and dried flowers;
j. Uses normally incidental and accessory to the foregoing including
administrative functions and storage etc. shall also be permitted;
k. Maximum of one (1) dwelling unit as an accessory use to the
Tourist Inn within the existing Main Farm House or addition to the
Main Farm House.
viii. For the purposes of this by-law a “Spa” is defined as a low-water
commercial establishment offering health and beauty treatment through
such means as exercise equipment, pedicures, manicures, facials and/or
massages to those individuals staying in the guest suites and/or
attending a function hosted at the farm/site.
ix. A restaurant use shall not be permitted.
x. No change of use or additions to any of the existing buildings or
structures or the construction of any new structure or the use of any of
the existing buildings or structures as a single detached dwelling; or
long term residency beyond a 30 day period, will be permitted without
obtaining the necessary approvals and permits from the Ministry of
Environment or its successor and/or the County of Prince Edward with
respect to the onsite sewage disposal systems.
xi. Upon removal of the “Holding” (-H) symbol by Council, the uses and
zone provisions of the RU1-118 Zone shall apply.
xii. The development of the lands shall be subject to the site plan control
provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as
amended.
October 23, 2006
122
7.5.119 RU1-119 Zone (Ronald & Lynn Pickering, Part Lots 41 & 42,
Concession 1 Bayside, North Marysburgh Ward) (Amending
By-law No. 2220-2008)
apply:
i.
ii.
iii.
The only permitted uses shall be:
1)
Single detached dwelling
2)
Uses, buildings and structures accessory to the foregoing
permitted residential use
Minimum Lot Area
1.54 ha (3.8 ac)
102 m (355 ft)
7.5.120 RU1-120 Zone (Majuka Holdings Ltd. c/o Tom Mills, Part Lots 36 &
37, Concession 2 West Green Point, Ward of Sophiasburgh)
apply:
i.
ii.
iii.
iv.
v.
Minimum lot area
4.37 ha (10.8 ac)
Minimum Setback from Provincially Significant Wetland 40 m (131 ft)
Minimum Setback from existing drainage course
15 m (49.2 ft)
The barn existing at the date of passage of this by-law shall be limited
to dry storage only. The housing of livestock is not a permitted use.
A residential dwelling shall not be a permitted use on the lands zoned
RU1-120.
7.5.121 RU1-121 Zone (Yvonne Pinheiro, Alfred DaSilva & Simeon DaSilva,
Part Lot 88, Concession 1, Ward of Ameliasburgh) (Amending By-law
No. 2257-2008)
apply:
October 23, 2006
i.
Minimum Lot Area
123
2.25 ha (5.56 ac)
All other provisions of the RU1 Zone an By-law No. 1816-2006, as amended,
7.5.122 RU1-122 Zone (Yvonne Pinheiro, Alfred DaSilva & Simeon DaSilva,
Part Lot 88, Concession 1, Ward of Ameliasburgh) (Amending Bylaw No. 2461-2009)
apply:
i.
Minimum Lot Area
4.5 ha (11 ac)
7.5.123 RU1-123 Zone (Christian VanCott (2019849 Ontario Inc.), Lot 10
LRCP 28, Ward of Hallowell) (Amending By-law No. 2249-2008)
apply:
i.
ii.
Minimum Lot area
Minimum Frontage
8.7 ac (3.52 ha)
650 ft (198 m)
7.5.124 RU1-124 Zone (1628759 Ontario Inc. c/o PEC Farms, Part Lot 17 &
18, Concession 1 North West West Lake, Ward of Hallowell)
apply:
i.
October 23, 2006
124
7.5.125 RU1-125 Zone (Sheila Wannamaker, Part of Lot 196, Plan 3, Ward
of Hillier)(Amending By-law No. 2256-2008)
apply:
i.
ii.
Minimum Lot Area
Mimimum Lot Frontage
3.7 ha (9.2 ac)
45 m (147 ft)
7.5.128 RU1-128 Zone (Lacey Estates Incorporated, Part Lot 9,
Concession 3, Ward of Hillier)(Amending By-law No. 2277-2008)
i.
ii.
iii.
A winery, including wine processing, storage, display, and
administrative facilities;
A retail/tasting facility of not more than 570 sq ft (53 sq m);
A patio of not more than 500 sq. ft (46.5 sq m);
A vineyard;
permitted uses.
A restaurant shall not be a permitted use.
7.5.129 RU1-129 Zone (Joan Ryckman & Linda Welbanks, Part of Lot A,
Concession 1 South of Prince Edward Bay, Ward of South
Marysburgh) (Amending By-law 2336-2008)
apply:
i.
ii.
Lot Area (Minimum)
2.02 ha (5 ac)
The existing barn shall be used for the purpose of dry storage only.
October 23, 2006
125
7.5.130 RU1-130 Zone (Douglas Mason, Part of Lots 36 & 37, Concession 3
West of Green Point, Ward of Sophiasburgh) (Amending By-law
2336-2008)
apply:
i.
ii.
Lot frontage (Minimum)
Rear Yard (Minimum)
51.8 m (170 ft)
40 m (131.2 ft)
7.5.131 RU1-131 Zone (Saverio & Angela Mazzochi, Part Lots 7 & 8,
Concession 1 South of the Bay of Quinte, Ward of North
i.
ii.
Minimum lot area
8.9 ha (22 ac)
47.2 m (155 ft.)
7.5.132 RU1-132 Zone (Maria Geraldes, Part Lot 20, Concession
Lakeside West of Cape Vessey, North Marysburgh Ward)
(Peter & Yvonne Worthington, Part of Lot 17, Concession 1,
Ward of Hillier) (Amending By-law No. 2517-2009)
i.
Minimum Lot Area
2.3 ha (5.8 ac)
7.5.133 RU1-133 Zone (Pauline Joicey (Redtail Vineyards) Part Lot 18,
Concession Stinson Block, Plan 1, Ward of Hillier) (Amending
By-law No. 2300-2008)
October 23, 2006
126
i.
ii.
iii
A retail/tasting facility of not more than 215 sq ft (20 sq m);
A vineyard;
permitted uses.
The requirements of Section 41 of the Planning Act, R.S.O. 1990, c.P.
zoned RU1-133.
7.5.134 RU1-134 Zone (Margaret Kerr & Kathryn Foster, Part Lot 4,
Concession Big Island,Ward of Sophiasburgh) (Amending Bylaw No. 2311-2008)
i.
Minimum Lot Area
9.5 ac (3.84 ha)
7.5.135 RU1-135 Zone (William Bowman, Part Lots 107 & 108,
Concession 3, Ward of Ameliasburgh) (Amending By-law No.
2326-2008)
i.
Minimum Lot Area
10 ac
7.5.136 RU1-136 Zone (Doug & Wendy Mason, Part Lot 73, Concession
4, Ward of Ameliasburgh)(Amending By-law No. 2384-2009)
(Glen McConkey, Part Lot 100, Concession 5, Ward of
October 23, 2006
127
apply:
i.
Minimum Lot Area
2.02 ha (5 ac.)
7.5.138 RU1-138 Zone (William Rorabeck, Lot 10, Concession 2 South
Side East Lake, Ward of Athol) (Amending By-law No. 24562009)
apply:
i.
Minimum Lot Area
9 ha (22 ac)
7.5.139 RU1-139 Zone (Douglas & Lynda McGregor, Part Lot 19,
Concession 1 Round Prince Edward Bay, Ward of South
apply:
i.
Lot Area (minimum)
3.2 ha (8 ac)
7.5.140 RU1-140 Zone (1598513 Ontario Inc., Part of Lot 62 & 63,
2439-2009)
apply:
i.
Lot Area (Minimum)
5.67 ha (14 ac)
October 23, 2006
128
7.5.141 RU1-141 Zone (Gerrit Van Der Harst) Part of Lot 64, Concession
1, Ward of Ameliasburgh) (Amending By-law No. 2550-2010)
apply:
i.
ii.
Lot Area (Minimum)
Lot Frontage (Minimum)
8 ha (20 ac)
42.7 m (140 ft)
7.5.142 RU1-142 Zone (Darin & Wendy Madore, Part Lot 50, Concession
Bayside, Ward of North Marysburgh)(Amending By-law No. 2484-2009)
(Replaced by By-law No. 2707-2010)
apply:
i.
Minimum Lot Area
7 ha (71.3 ac)
amended, shall apply to the lands zoned RU-142.
7.5.143 RU1-143 (Deleted) Replaced by By-law No. 2707-2010
7.5.144 RU1-144 (Elisabeth & Desmond Norris, Part Lot 3, Concession 1
South of Bay of Quinte, Ward of North Marysburgh)
apply:
i.
33.5 m (110 ft)
7.5.145 RU1-145 (Margaret Markland, Part Lot 10, Concession 2 North
of Black River, Ward of North Marysburgh) (Amending By-law
No. 2495-2009) & (By-law 2580-2010)
October 23, 2006
129
apply:
i.
ii.
Minimum Lot Area
1.2 ha (3 ac)
190 ft (58 m)
7.5.146 RU1-146 (Joyce-Anne Aman, Part Lot 20, Concession 2, West of
Green Point, Sophiasburgh Ward) (Amending By-law No. 25152009)
(Deborah, Tamara & Trista Warwick, Part of Lot 39,
Concession 1 South West Green Point, Ward of Sophiasburgh)
apply:
i.
Minimum Lot Area
6.6 ha (16.5 ac)
7.5.147 RU1-147 (Gary and Karen Green, Part Lot 8, Concession 2
South Side of East Lake, Athol Ward) (Amending By-law No.
2553-2010)
apply:
i.
ii.
Lot Area (Minimum)
1.37 ha (3.4 ac)
That the interior side yard setback shall be measured from the side lot
line.
7.5.148 RU1-148 (Estate of Edward Ross Phoenix, Lot 90, Concession 3,
Ameliasburgh Ward) (Amending By-law No. 2642-2010)(Amending
By-law No. 2952-2011 – Technical Cleanup)
apply:
October 23, 2006
i.
Lot Area (Minimum)
130
2.8 ha (7ac)
All other provisions of the RU1 Zone and By-law 1816-2006, as amended,
7.5.149 RU1-149 (Estate of Edward Ross Phoenix, Lot 90, Concession
Ameliasburgh Ward)(Amending By-law No. 2642-2010)
apply:
i.
Lot Area (Minimum)
5 ha (12.3 ac)
7.5.151 RU1-151 (Chris & Sue King, Byrne & Ila Ingram, Part Lot 84, Conc.
1 Bayside, Ameliasburgh (Amending By-law No. 2662-2010)
Notwithstanding any provison of By-law No. 1816-2006, as amended to the
apply:
i.
Minimum Lot area
9.5 ha (23.5 ac)
7.5.152 RU1-152 (Taylor Hill Developments Ltd., Part Lot 8, Concession 1
NBR, South Marysburgh Ward) (Amending By-law No. 2690-2010)
apply:
i.
Lot Area (Minimum)
2.2 ha (5.5 ac)
7.5.153 RU1-153 Zone (Davin Corporation, Part Lot 24, Concession 2
Military Tract, Hallowell Ward)(Amending By-law No. 3018-2012)
apply:
October 23, 2006
i. Lot Area (Minimum)
131
2.2 ha (5.5 ac)
ii. All accessory buildings will be for dry storage only. The keeping of
livestock is not permitted.
7.5.154 RU1-154 Zone (Shawn & Petra Cooper, 4309 County Road No. 8,
Part of Lot 2, Concession Lakeside East of Cape Vesey, Ward of
apply:
i.
following uses shall be permitted:
- a cheese factory, including processing, storage, display,
administrative functions, and an accessory retail outlet.
- uses normally incidental and accessory to the foregoing.
ii.
amended, shall apply to the lands zoned the RU1-154.
7.5.155 RU1-155 Zone (Arthur Wannamaker, Part Lot 80, Concession 6,
apply:
i.
Lot Area (Minimum)
1.2 ha (3 ac)
7.5.156 RU1-156 Zone (Pamela C. Greene, Part Lots 6 & 6, Gore K, Plan 2,
Ward of Hallowell (Amending By-law No. 2800-2011)
Paul & Patricia Quaiff, Part Lot 60, Concession 2 WGP,
Sophiasburgh (Amending By-law No. 3213-2013)
October 23, 2006
132
apply:
i.
Lot Area (Minimum)
3.7 ha (9.2 ac)
7.5.157 RU1-157 Zone (David Neil Ackerman) Part Lot 26, Concession 1,
South of Black River, Royal Road, Ward of South Marysburgh
apply:
i.
Minimum Lot Area
41 ac. ( 1.66 ha)
7.5.159 RU1-159 Zone (Margaret E. Markland) Pt Lot 10, Concession 2
North Black River, Ward of North Marysburgh
apply:
i.
Lot Area (Minimum)
1.4 ha (3.5 ac)
7.5.160 RU1-160 Zone (Keith & Diane Alder) Part of Lots 20 & 21,
Concession South East Carrying Place, Ward of Hallowell
apply:
i.
Lot Area (Minimum)
2.4 ha ( 6 ac)
7.5.161 RU1-161 Zone (Robert & Janice Hicks, Lot 9, Concession South
East Carrying Place, Loyalist Parkway, Ward of
October 23, 2006
133
apply:
i.
Lot Area (Minimum)
1.4 ha (3.5 ac)
7.5.162 RU1-162 Zone (Richard Johnston & Vida Zalnieriunas, Part of Lots
14 & 15, Concession 1, 17234 Loyalist Parkway, Ward of
apply:
Permitted Non-Residential Uses shall include:
i.
ii.
iii.
iv.
Estate Winery
The maximum total floor area for Estate Winery retail and hospitality
uses shall be 400 m2 (4300 ft2)
The minimum required area planted in vines and the minimum
number of vines required for the Estate Winery located on the lands
zoned the Special Rural 1 (RU1-162) Zone are permitted within the
portion of the subject lands zoned the Rural 3 (RU3) Zone.
The requirements of Section 41 of the Planning Act, R.S.O., c.P.13, as
amended relating to site plan control shall apply to lands zoned Ru1162.
7.5.162 RU1-162 Zone (Voskamp Poultry Ltd., Part Lot 85, Concession 2,
apply:
i.
ii.
40 m (131 ft)
October 23, 2006
134
7.5.163 RU1-163 Zone (Robert & Deborah Quinn, Part Lots 20 & 21,
Concession South East Carrying Place, Ward of
apply:
i.
Minimum Lot area
2.4 ha (6 ac)
7.5.164 RU1-164 Zone (Laura Dann, Part Lot 105, Concession 4, Ward of
apply.
i.
ii.
Minimum lot area - 15 acres (6 hectares)
Minimum lot frontage - 85 feet (26 metres)
7.5.165 RU1-165 Zone (Almerinda Travassos & Margaret Moores, Part Lot
1, Plan 1, 121 County Road 39, Ward of Hillier)(Amending By-law No.
3265-2013)
apply:
i.
ii.
Minimum lot area - 12.5 ac (5 ha)
The barns existing on the date of the passing of this by-law shall be
limited to dry storage only.
7.5.166 RU1-166 Zone (John Flaherty, Part Lot 1, Concession 1 SBQ, Ward
of North Marysburgh)(Amending By-law No. 2931-2013)
apply:
October 23, 2006
i.
Minimum lot area – 5 ha (13 ac)
135
October 23, 2006
SECTION 8
136
RURAL 2 (RU2) ZONE
8.1
8.1.2 home business
8.1.6 group home
8.1.7 uses, buildings and structures accessory to the foregoing permitted uses
8.2
8.2.1 agriculture
8.2.3 conservation area including passive outdoor recreation activities, nature
study and wildlife areas, or other similar use as provides for the preservation
8.2.5 farm
8.2.8 garden nursery sales and supply establishment
8.2.9 kennel
4.21 of this By-law
October 23, 2006
137
4.33 of this By-law
8.2.12outdoor furnace in accordance with the provisions of Section 4.32 of this Bylaw
this By-law
8.2.15 farm winery (added by Amending By-law 2433-2009)
8.2.16 mobile restaurant (added by Amending By-law 3064-2012)
8.3
8.3.1
Minimum Lot Area
20 ha (50 ac.)
8.3.2
75 m (250 ft.)
8.3.3
Minimum Front Yard
15 m (50 ft.)
8.3.4
Minimum Exterior Side Yard
15 m (50 ft.)
8.3.5
Minimum Interior Side Yard
7.5 m (25 ft.)
8.3.6
Minimum Rear Yard
15 m (50 ft.)
8.3.7
Maximum Lot Coverage (all buildings and structures)
8.3.8
Minimum Landscaped Open Space
30 %
8.3.9
Maximum Height of Buildings
10 m (33 ft.)
8.3.10
Maximum Number of Dwelling Units Per Lot
1
8.3.11
Minimum Dwelling Unit Area Requirement
90 m (970 sq. ft.)
8.3.12
Maximum Number of Accessory Farm Accommodation Units
8.4
10 %
2
2
PROVISIONS
Driveway and Loading Provisions,, of this By-law where applicable to the use
October 23, 2006
138
8.5
8.5.1 RU2-1 Zone (Part of Lot 9, Concession I, South Side East Lake, Ward
of Athol)
i.
The frame barn existing on the date of passing of this by-law shall only
be used for dry storage, and at no time shall it be used for the purpose
of housing livestock.
i.
ii.
iii.
iv.
v.
vi.
vii.
Minimum lot area
19 ha (46.9 ac.)
Minimum lot frontage (Station Rd.)
100 m (328 ft.)
Minimum front yard
235 m (771 ft.)
35 m (114.8 ft.)
Minimum exterior side yard
44 m (144.4 ft.)
Any new barn or addition to an existing barn located on a farm or a
specialized farm shall be constructed in accordance with Minimum
Distance Separation requirements but in no case shall a barn or an
addition to a barn be constructed closer than 176 m (577.4 ft.) to a
dwelling on an adjacent lot.
may be used in the calculation of lot area and lot frontage.
8.5.3 RU2-3 Zone (Part of Lot 66, Concession 5 Ward of Hillier)
i.
ii.
Minimum lot area
16.5 ha (40.7 ac.)
October 23, 2006
139
8.5.4 RU2-4 Zone (Part of Lots 5 and 6, Concession 1, Ward of Hillier)
(Part of Lot 85, Concession 4, Ward of Ameliasburgh)
i.
The barn existing on the date of passing of this by-law and any future
improvements thereto shall only be used only for dry storage, and at
no time shall it be used for the purpose of keeping or housing
livestock.
i.
ii.
iii.
iv.
v.
vi.
vii.
Minimum lot area
27.5 ha (67.9 ac.)
Minimum front yard for the dwelling located
on the East portion of the property shall be 9.0 m (29.5 ft.)
The second dwelling, located on the west portion of lot, existing on the
date of passing of this By-law is a permitted use.
In addition to the uses permitted in the RU2 Zone, the following uses
shall be permitted:
An artisan distillery occupying a maximum floor area of 3,000
sq. feet (278.7 sq. m).
Accessory uses including storage, and administrative facilities.
A retail/tasting facility occupying a maximum floor area of 1,500
sq. ft (139 sq. m) shall be permitted as an accessory use within
the existing dwelling and may also include an outdoor patio
occupying a maximum area of 815 sq. ft (75.7 sq. m).
Uses that are normally incidental and accessory to the foregoing
permitted uses.
A minimum of 20 parking spaces (including 1 barrier-free space) and 1
loading space shall be provided on-site.
lands zoned RU2-5.
All other provisions of the RU2 Zone and the Special RU2-5 Zone and By-law
No. 1816-2006, as amended, shall apply to the lands zoned RU2-5.
October 23, 2006
i.
140
A winery including wine tasting, storage, display, blending and sales of
wine products and accessories shall also be permitted.
i.
ii.
iii.
Minimum lot area
14.0 ha (34.5 ac.)
The following additional uses shall be permitted:
1.
A winery including wine tasting, storage, display, processing and
administrative facilities.
2.
Catered receptions and other functions but excluding an on-site
restaurant.
3.
A farm produce retail outlet.
4.
A vineyard
5.
Uses that are normally incidental and accessory to the
foregoing.
The maximum gross floor area occupied by catered receptions,
banquet facilities and other similar functions located within the winery
2
iv.
v.
building shall be 185.8 m (2,000 sq. ft.).
Minimum rear yard
30 m (98.4 ft.)
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.
13, as amended, relating to Site Plan Control shall apply.
Hallowell)
i.
ii.
iii.
Residential uses are not permitted.
Minimum lot area
29 ha (71.6 ac.)
0 m (0 ft.)
8.5.9 RU2-9 Zone (Part of Lot 38, Concession 2, West Green Point, Ward of
Sophiasburgh)
i.
ii.
iii.
The only permitted uses shall be an agricultural use and accessory
buildings.
Residential uses and dwellings are prohibited.
18.0 m (59.0 ft.)
October 23, 2006
141
i.
ii.
iii.
The only permitted uses will be the non-residential uses existing on
the date of passing of this by-law.
Minimum lot area
29.0 ha (71.6 ac.)
55.0 m (180.4 ft.)
Ameliasburgh)
i.
ii.
used for dry storage.
The housing of livestock in the existing barn is not permitted.
8.5.12 RU2-12 Zone (Mark’s Custom Collision, Ward of Bloomfield)
i.
A motor vehicle body shop shall also be a permitted use.
8.5.13 RU2-13 Zone (Bronson & Parsons, Pt. Lot 33, Concession 1, North
Black River, Ward of South Marysburgh)
i.
60.0 m (196.8 ft.)
Notwithstanding the provisions of this By-law to the contrary, within the
i.
ii
iii.
Minimum lot area
12ha (29.7 ac)
60 m (200 ft.)
The barn existing on June 9, 2003 shall be used for dry storage only.
8.5.15RU2-15 Zone (Lot 6, Concession 1 Military Tract, Ward of Hallowell)
Notwithstanding the provisions of this By-law to the contrary, in the RU2-15
October 23, 2006
i.
Minimum lot area
142
14.1 ha (35 ac)
8.5.16RU2-16 Zone (Lot 66, Concession Gerow Gore, Ward of Hallowell)
i.
Minimum lot area
14.2 ha (35 ac)
8.5.17 RU2-17 Zone (Part of Lot 3, Concession II, South Side East Lake,
Ward of Athol)
i.
ii.
Minimum lot area
18.0 ha (44.4 ac.)
storage purposes only and at no time shall they be used for the
purpose of housing livestock.
8.5.18 RU2-18 Zone (Part of Lot 17 & 18, Concession 2, Ward of Hillier)
i.
Minimum lot area
12.1 ha (30 ac)
8.5.19 RU2-19 Zone (Part of Lot 7, Concession 2, 629 Closson Road, Ward
of Hillier)
Notwithstanding any provisions of this By-law to the contrary, in the RU2-19
i.
ii.
iii.
iv.
A winery is an additional permitted non-residential use.
Minimum lot area
14.5 ha (35.8 ac)
Minimum setbacks from Clossen Road of the timber framed barn and
of the timber framed driving shed shall be equal to the setbacks
existing as of 25 August, 2003.
Site Plan Control shall apply to any development.
8.5.20 RU2-20 Zone (Greer Road, Part of Lot 21, Concession 2, Ward of
Hillier)
i.
Minimum Lot Area
10.1 ha (25 ac.)
October 23, 2006
ii.
iii.
iv.
v.
143
Minimum setback from the rear boundary with
the EP-W zone
40 m (131 ft.)
The permitted uses shall be limited to the following:
1.
winery
2.
banquet function to serve a maximum of 40 persons a
maximum of 20 times per year, but excluding a restaurant
3.
farm produce outlet
4.
vineyard
5.
accessory dwelling
Site plan approval shall be required prior to issuance of any building
permit.
Minimum rear yard setback
(added by Amending By-law 2433-2009)
40 m (131 ft)
8.5.21 RU2-21 Zone (Lot Gore M & Lot 2, Concession 1 North Smith Bay,
i.
Minimum lot area
18.5 ha
8.5.22 RU2-22 Zone (Watson & Kimball) (Lots 1, 2, 3 and 4, Concession 1
i.
Minimum lot area
13 ha (32 ac)
8.5.23 RU2-23 Zone (Ostrander, Part Lot A, Concession South Prince
Edward Bay, Ward of South Marysburgh)
i.
The two (2) dwellings existing at the date of passing of this by-law,
including any future additions and/or improvements thereto, are
permitted uses.
8.5.24 RU2-24 Zone (Lots 63 & 64, Concession 1 West Green Point, Ward
of Sophiasburgh)
i.
Minimum lot area
14.1 ha (35 ac)
October 23, 2006
144
8.5.25 RU2-25 Zone (Lot 20, Concession 1 West Green Point, Ward of
Sophiasburgh)
i.
ii.
iii.
Minimum lot area
9 ha (22.2 ac)
0 m (0 ft)
The written approval of Quinte Conservation shall be required prior to
the issuance of an access, septic, or building permit.
Hallowell)
i
ii
Minimum lot area
16 ha (39.5 ac)
0 m (0 ft.)
Ward of Hallowell)
i.
ii.
iii.
iv.
v.
0 m (0 ft.)
The only permitted buildings and structures shall be agricultural use
buildings and structures.
Residential uses and dwellings shall not be permitted.
Gilead Road.
There is no commitment or requirement by the municipality to assume
year round maintenance of the seasonally maintained road and levels
of service provided to the lot may be limited or reduced, including the
level of emergency response to the lot.
8.5.28 RU2-28 Zone (Part of Lot 2, Concession I, North West West Lake,
Ward of Hallowell)
i.
ii.
iii.
0 m (0 ft.)
The use of the barn existing on the property on the day of passing of
this By-law shall be restricted to dry storage only.
Gilead Road.
October 23, 2006
iv.
145
8.5.29 RU2-29 Zone (Huff Estates Inc., Part Lot 65, Concession Gerow
Gore, Ward of Hallowell)
i.
ii.
iii.
iii.
A winery, including wine processing, storage, display, tasting,
sales and administrative facilities;
A tourist establishment;
A retail store accessory to the winery and/or Inn uses;
A vineyard;
A farm produce retail outlet;
Uses that are normally incidental, subordinate and accessory to
the main permitted uses.
The following zone provisions shall specifically apply to a tourist
establishment use:
a)
The maximum number of overnight guest accommodation units
permitted shall be 20 units;
b)
The maximum building height shall be 35 ft (10.7 m);
c)
The minimum rear yard depth shall be 600 ft (183 m);
d)
A minimum 4.5 m (14.76 ft) wide landscaped buffer area
containing a combination of evergreen trees and/or shrubs shall
be provided and maintained in the area to the north of the
tourist establishment use so as to produce a visual screen at
least 6 feet (1.8 m) in height at maturity.
R.S.O. 1990, c.P.13, as amended, shall apply to the lands zoned RU229. Prior to the construction of the tourist establishment use, a Site
Development Agreement shall be entered into between the Owner and
the Municipality, addressing the Municipality’s requirements for
development of the lands, including, but not limited to, the
requirement for obtaining the necessary approvals of the proposed
private water and private sewage systems from the appropriate
authority.
Notwithstanding any section of this By-law to the contrary, the two
separately conveyable lots zoned RU2-29 totalling approximately 19.0
ha. (46.9 ac) of land are one lot for the purposes of this By-law.
8.5.30 RU2-30 Zone (Rapkin, Lot 19, Concession Round Prince Edward Bay,
Ward of South Marysburgh)(Del-Gatto, Lot 20, Concession Lakeside
West Cape Vesey, Ward of North Marysburgh)(Elliott, Part Lot 24,
October 23, 2006
146
Concession 3, Ward of Hillier)
i.
ii.
A retail / tasting facility;
A vineyard;
permitted uses.
lands zoned RU2-30.
8.5.31 RU2-31 Zone (Loyalist Coast Land Co. Ltd., Lot 9, Concession
Lakeside West Cape Vesey, Ward of North Marysburgh)
i.
ii.
accessory farm accommodation,
a bakery for the baking and selling of pies, cakes, etc., using
produce grown primarily on the farm and related retail goods
The barn existing on the date of passing of this by-law shall be limited
to dry storage only.
8.5.32 RU2-32 Zone (474103 Ontario Inc., Lots 1 & 2, Concession 2, Ward
of Hillier)
i.
An agricultural Pest Control Business, and associated storage
and maintenance space.
8.5.33 RU2-33 Zone (Town Line Farms Ltd., Part Lot 1, Concession 1, Ward
of Hillier)(Moore, Part Lot 81, Concession 5, Ward of
Hillier)(O’Hara, Part Lot 84, Concession 1, Ward of Ameliasburgh)
October 23, 2006
147
i.
ii.
The only permitted buildings and structures shall be agricultural use
buildings and structures.
Residential uses and dwellings shall not be permitted.
8.5.34 RU2-34 Zone (Rutt, Part Lot 10, Concession South East Carrying
Place, Ward of Ameliasburgh)
i.
No livestock (including but not limited to horses, ponies, chickens,
cows, pigs, sheep and goats) shall not be permitted on the lands
zoned RU2-34.
8.5.35 RU2-35 Zone (Osborne, Lot 6, Concession South East Carrying Place,
i.
The use of the barn existing at the date of passing of this by-law shall
be limited to dry storage only.
8.5.36 RU2-36 Zone (Bruce & Carol Middleton, Part Lots 81, Concession 1,
Ward Ameliasburgh)(Amending By-law No. 1903-2007)
apply:
i.
53.34 m (175 ft)
8.5.37 RU2-37 Zone (2127168 Ontario Ltd., Part Lots 76, Concession
Irvine Gore, Ward of Hallowell) (Amending By-law No. 1954-2007)
apply:
i.
A single family dwelling shall not be a permitted use on the lands
zoned RU2-37.
October 23, 2006
148
8.5.38 RU2-38 Zone (Peck, Part Lot 78, Concession Irvine Gore, Ward of
Hallowell)
apply:
i.
ii.
In addition to the uses normally permitted in the RU2 Zone, a winery
with accessory retail sales and uses that are normally incidental and
accessory to a Winery shall be a permitted use provided the following
conditions are met:
a)
That any portion of a winery operation shall not occupy more
than 167.3 sq m (1800 sq. ft.) within an existing dwelling.
b)
A winery use shall not be permitted within a single family
dwelling where any portion of a winery operation is located in a
separate building.
lands zoned RU2-38.
8.5.39 RU2-39 Zone (Rosehall Run, Part Lots 21 & 22, Concession 1, Ward
of Hillier)
apply:
i.
uses shall include:
Winery including accessory retail sales
Uses that are normally incidental and accessory to the foregoing
ii.
lands zoned RU2-39.
October 23, 2006
149
8.5.42 RU2-42 Zone (Coldwater Wine – Newman/Samaras, Part Lot
14, Concession 3, Ward of Hillier)
apply:
i.
ii.
uses shall include:
1.
Winery, including accessory retail sales
2.
The total maximum permitted gross floor area for retail sales
and tasting area shall be 500 sq ft (46 sq m).
3.
Notwithstanding subsection 8.5.42 (i) 2. to the contrary, an
outdoor patio area is permitted provided the gross floor area of
the patio does not exceed 1000 sq ft (93 sq m).
lands zoned RU2-42.
8.5.43 RU2-43 Zone (1709942 Ontario Inc. c/o Sheila Earl – Part of Block
A, Concession Gore D, Ward of Sophiasburgh) (Amending By-law
2254-2008)
(Leigh Moore & Wendy Daxon, Part of Lot 13, Concession 2, Ward of
Hillier) (Amending By-law No. 2584-2010)
apply:
i.
Minimum Lot Area
18.2 ha (45 ac)
8.5.45 RU2-45 Zone (Canopy Corporation Inc. – Part Lots 61 & 62,
Concession 2, Ward of Ameliasburgh) (Amending By-law No. 22762008)
apply:
i.
October 23, 2006
ii.
iii.
iv.
150
A retail/tasting facility of not more than 2,500 sq ft (232.3 sq m;
A vineyard;
permitted uses.
A banquet hall facility shall not be a permitted use.
zoned RU2-45.
8.5.46 RU2-46 Zone (Betty M. Laundry, Part Lots 15 & 16, Concession 3
Military Tract, Hallowell Ward) (Amending By-law 2299-2008)
i.
ii.
Residential uses are not permitted.
The accessory farm buildings existing at the date of passage of this
by-law shall only be used for dry storage, and at no time shall be used
for the housing of livestock.
All other provisions of the Rural 2 (RU2) Zone and By-law No. 1816-2006, as
8.5.47 RU2-47 (Heather Irvine & Lynn Cole, Part Lots 6, 8, 9, Plan 2,
Concession Gore K., Ward of Hallowell)(Amending By-law No. 23132008)
i.
ii.
In addition to the uses normally permitted in the RU2 Zone an
Abattoir, located in the building as existing at the time of passing of
this by-law, shall also be a permitted use.
The reconstruction, renovation and/or enlargement of the existing
Abattoir building shall be permitted.
All other provisions of the Rural 2 (RU2) Zone and By-law No. 1816-2006, as
amended, shall apply to the lands zoned RU2-46
8.5.48 RU2-48 Zone (Lloyd & Myrna Spencer, Part Lots 73, 74, 75 & 76,
Concession 1 & 2, Ward of Ameliasburgh) (Amending By-law No.
2359-2009)
October 23, 2006
151
RU2-48 Zone (Mark, Stephanie, & Brian McFaul, Part of Lot 72,
apply:
i.
Residential uses and structures shall not be permitted.
All other provisions of the RU2 Zone and By-law 1816-2006, as amended,
8.5.49 RU2-49-H Zone (Robert & Barbara Hunter, Part Lot 22, Concession
1, Ward of Hillier)(Amending By-law No. 2457-2009) (Amending
By-law No. 2750-2010)
contrary, on the lands zoned RU2-49-H the following special provision shall
apply:
i.
19.5 m (63.9 ft)
amended, shall apply to the lands zoned RU2-49-H.
8.5.50 RU2-50 (Peter & Paul Lockyer, Pt of Lot 19, Concession 3, Military
Tract, Ward of Hallowell) (Amending By-law No. 2733-2010)
apply:
i)
4 m (13 ft)
8.5.51 RU2-51 (Rita Kamins, Part Lot 9, Concession Lakeside West Cape
Vesey, Ward of North Marysburgh) (Amending By-law No. 28452011)(Repealed)
RU2-51 RU2-51-H1 until Site Plan Approval and 5 Studies Complete
(Overbridge Corporation – 1927 County Rd 10, Part Lot 9,
Concession Lakeside, West Cape Vesey, Ward of North Marysburgh)
contrary, on lands zoned RU2-51 the following special provisions shall apply:
October 23, 2006
a.
152
In addition to those uses permitted in the RU2 Zone, the following
uses shall also be permitted:
i) an Estate Winery, which may include the following retail or
hospitality uses among others;
a) a farm produce outlet that sells condiments and other specialty
food products, including prepared meals, made by the Gazebo
Restaurant, (ie. The Waupoos Estates Winery restaurant),
convenience items and beverages, in addition to products grown
or raised on the Wineries lands;
b) a meeting/banquet facility for cultural, educational and
entertainment events and private functions, which is to be located
within the main farm house, a building as existed at the date of
passing this By-law;
c) antique, and arts and craft sales to be located in a building as
existed at the date of passing this By-law;
ii. a Tourist Inn to a maximum of 18 guest rooms, which may be
located in one or more of the existing or proposed buildings on the
site;
iii. one (1) accessory apartment unit for an on-site employee;
iv. overflow parking for the Waupoos Estates Winery located on the
south side of County Rd 8 known municipally as 3013/3016 County
Rd 8.
v. uses, buildings and structures accessory to the permitted uses,
such as agricultural processing and administrative facilities;
b.
A restaurant use, not related to an on-site event, the guests in the
Tourist Inn, or the banquet/meeting facility shall not be permitted;
c.
lands zoned RU2-51.
All other provisions of the RU2 Zone and By-law No. 1816-2006, as amended, shall
apply to the lands zoned the RU2-51.
8.5.52 RU2-52 (1015791 Ontario Inc., Part Lot 77, Concession 1, Ward of
apply:
i)
Lot Area (minimum)
16 ha (39.5 ac)
ii)
Lot Frontage (minimum)
25.9 m (85 ft)
October 23, 2006
iii)
153
Front Yard (minimum) for a single detached
dwelling shall be
225 m (738 ft)
8.5.53 RU2-53 (Cherryvale Organic Farm, 1927 County Rd. 10., Part of
Lots 1 & 2, Concession 1 South Side of East Lake, Ward of Athol)
apply:
a)
(i)
(ii)
(iii)
(iv)
(v)
In addition to those uses permitted in RU2 Zone the following uses
shall also be permitted:
a Restaurant to a maximum of 30 seats, including any outdoor patio
areas;
a Tourist Inn to a maximum of 12 bedrooms;
a meeting/banquet facility for cultural, educational and entertainment
events and private functions;
one (1) accessory apartment unit for an on-site employee, and
uses, buildings and structures accessory to the permitted uses, such
as agricultural processing and administrative facilities;
b)
The Restaurant, Tourist Inn and Banquet/Meeting facility shall be
located within the buildings as existed at the date of passing of this
by-law.
c)
The Requirements of Section 41 of the Planning Act, R.S.O. 1990, c.P.
zoned RU2-53.
8.5.54 RU2-54 Zone (Simmons & Rumgay, Part Lots 46 & 47, Concession 1
Bayside, Ward of North Marysburgh) (Amending By-law 2952-2011)
apply:
i.
ii.
Access to the lot may be by means of a right-of-way from County Rd.
7;
There is no commitment from or requirement by the Municipality to
assume year-round maintenance of the aforementioned right-of-way
October 23, 2006
154
and levels of service provided to the lot may be limited or reduced,
including the level of emergency response to the lot,
8.5.55 RU2-55 Zone (Ian D. Watson, Part Lot 7, Concession 1, West of
Green Point, County Road 15, Ward of Sophiasburgh)(Amending Bylaw No. 3031-2012)
Notwithstanding any provisions of By-law No. 1816-2006 as amended to the
apply:
i.
9.1 m (30 ft)
October 23, 2006
SECTION 9
155
RURAL 3 (RU3) ZONE
9.1
9.1.2 home business
9.1.6 group home
9.2
9.2.1 agriculture
9.2.3 conservation area including low impact outdoor recreation activities, nature
study and wildlife areas, or other similar use as provides for the preservation
9.2.5 farm
9.2.8 garden nursery sales and supply establishment
9.2.9 kennel
4.21 of this By-law
October 23, 2006
156
4.33 of this By-law
9.2.12 outdoor furnace in accordance with the provisions of Section 4.32 of this
By-law
this By-law
9.2.15
farm winery (added by Amending By-law 2433-2009)
9.2.16
mobile restaurant (added by Amending By-law 3064-2012)
9.3
(Amended by Amending By-law No. 2336-2008)
9.3.1
Minimum Lot Area
34 ha (84 ac.)
9.3.2
90 m (295 ft.)
9.3.3
Minimum Front Yard
15 m (50 ft.)
9.3.4
15 m (50 ft.)
9.3.5
7.5 m (25 ft.)
9.3.6
Minimum Rear Yard
15 m (50 ft.)
9.3.7
10 %
9.3.8
30 %
9.3.9
10 m (33 ft.)
9.3.10
1
9.3.11
90 m (970 sq. ft.)
9.3.12
Maximum Number of Accessory Farm Accommodation Units
2
3
October 23, 2006
9.4
157
PROVISIONS
9.5
9.5.1 RU3-1 Zone (Part of Lot 21 and 22, Concession I, North Black River
Ward of South Marysburgh)
i.
Residential uses are prohibited within 500 m (1,640 ft.) of the
northeast corner of the lot.
9.5.2 RU3-2 Zone (Part of Lot 10 & 11, Concession South Side West Lake,
Ward of Hallowell)
(Part of Lot 21 & 22, Concession 1, North of Black River, Ward of
South Marysburgh)
(Paul Boyd, Part of Lots 84, 85, 86, Concession 1 Bayside, Ward of
i.
8 m (26.2 ft.)
9.5.3 RU3-3 Zone (Part of Lot 14, Concession 2, South West Green Point,
i.
ii.
iii.
The barn existing on the date of passing of this by-law shall be used
for the purpose of dry storage only.
55 m (180.4 ft.)
October 23, 2006
158
9.5.4 RU3-4 Zone (Part of Lot 1, Concession 1, West Green Point, Ward of
Sophiasburgh)
i.
The following uses shall also be permitted:
1.
The sale and service of boats, boat motors and boat trailers
2.
The sale of fishing tackle and bait
3.
The provision of docking and launching facilities for boats
Ameliasburgh)
i.
The housing of livestock in the barn existing on the date of passing of
this by-law is restricted to horses only with a maximum number of
eighteen (18) as per the MDS II calculation.
Ameliasburgh) (Amending By-law 2250-2008)
i.
ii.
iii.
The permitted uses shall be limited to existing uses and 1 (one)
dwelling, single detached
Minimum Lot Area
59.5 ha (147 ac)
132.7 m (435.5 ft)
9.5.7 RU3-7 Zone (Part of Lots 101, 102 & 103, Concession 2, Ward of
Ameliasburgh)
i.
The following non-residential uses shall also be permitted:
1.
Motor vehicle and farm implement welding and fabrication
2.
Production of antique motor vehicle fibreglass reproductions
3.
Enclosed dry storage including the storage of motor vehicles
October 23, 2006
159
9.5.8 RU3-8 Zone (Part of Lots 14 & 15, Concession Lakeside, Ward of
Hillier)
i.
1.
A winery, including wine tasting, storage, display, processing,
administrative facilities and accessory retail sales;
2.
A vineyard;
3.
A restaurant located within an existing building, having a gross
2
ii.
floor area of not more than 60 m (650 sq. ft.) And a maximum
seating capacity of 36 people within the existing building and/or
adjacent patio area;
4.
An existing cemetery;
5.
foregoing.
The Site Plan control provisions of Section 41 of the Planning Act,
R.S.O., 1990 shall apply.
9.5.9 RU3-9 Zone (Quinte Country School, Part of Lot 8, Concession 1,
South East Carrying Place, Ward of Hallowell)
i.
In addition to the uses permitted in the RU3 Zone, a private school
and uses, buildings and structures accessory and incidental thereto
shall be permitted.
9.5.10 RU3-10 Zone (Lots 75 & 76, Concession 2, Ward of Ameliasburgh)
i.
Minimum lot area
32 ha (80 ac)
9.5.11 RU3-11 Zone (Lots 1, 2, 3 and 4, Concession 1 West Green Point,
i.
Minimum lot area
29 ha (71.7 ac)
October 23, 2006
160
9.5.12 RU3-12 Zone (Granger, Part Lots 11 & 12, Concession 3, Ward of
Hillier)
i.
ii.
iii.
a winery, including tasting, storage, display, processing and
administrative facilities,
vineyards,
a farm produce retail outlet,
uses that are normally incidental and accessory to the
foregoing.
The barn existing on the date of passing of this by-law and any future
improvements or additions thereto shall not be used for the housing of
livestock.
lands zoned RU3-12.
9.5.13 RU3-13 Zone (Lot 19 and Block, Concession 2 South Black River &
Round Prince Edward Bay, Ward of South Marysburgh)
i.
The minimum setback from County Road 10 for any building shall be
the setback of the single detached dwelling existing on the date of
passing of this by-law.
9.5.14 RU3-14 Zone (Lots 41, 42, 43 and 44, Concession 1 West Green
Point, Ward of Sophiasburgh)
i.
ii.
iii.
52 m (171 ft.)
Keeping of livestock is not a permitted use.
The barn in existence on April 28, 2003 shall be used for dry storage
only.
9.5.15 RU3-15 Zone (Lots 63 & 64, Concession 1 West Green Point, Ward
of Sophiasburgh)
October 23, 2006
i.
Minimum lot area
161
30.3 ha (75 ac)
9.5.16 RU3-16 Zone (Fleugel & Roughan, Waupoos Island, Ward of North
Marysburgh)
i.
ii.
Access to the lot is provided by a seasonally maintained municipal road
on Waupoos Island, which does not have a direct transportation link to
the mainland.
9.5.17 RU3-17 Zone (Reynolds Brothers Ltd., Part Lot 11, Concession 3
Military Tract, Ward of Hallowell)
i.
The permitted use of the existing barn, located adjacent to County Road
No. 4, is restricted to dry storage only. The keeping of livestock in this
barn is not permitted on the lands zoned RU3-17.
9.5.18 RU3-18 Zone (Casa-Dea Holding, Part Lot 23, Concession 2, Ward of
Hillier)
i.
ii.
a winery, including wine tasting, retail, storage, display,
processing and administrative functions,
a café located within the winery building containing a maximum
of 44 seats for patrons,
a farm produce retail outlet,
a vineyard, and
the requirements of Section 41 of the Planning Act, R.S.O. 1990,
lands zoned RU3-18.
October 23, 2006
162
9.5.19 RU3-19 Zone (Town Line Farms Ltd., Part Lots 1 & 2, Concession 2,
Ward of Hillier)
i.
following use shall also be permitted:
a maximum of 5 migrant workers cottages.
9.5.20 RU3-20 Zone (Kennington, Part Lot 17, Concession 2 South West
i.
0 m (0 ft)
9.5.21 RU3-21 Zone (Bland, Part Lot 97, Concession 4, Ward of
Ameliasburgh)
i.
ii.
iii.
0 m (0 ft)
Access to the lot may be provided by an existing private right-of-way.
A single family dwelling shall not be permitted on the lands zoned
RU3-21.
9.5.22 RU3-22 Zone (Morgan & Mayhew, Part Lots 3, 4, 5 & 6, Concession
Ordinance Reserve, Ward of North Marysburgh)
i.
The former poultry barn shall be limited to dry storage only and the
keeping of livestock shall not be a permitted use.
9.5.23 RU3-23 Zone (Hagerman, Lots 14 & 15, Concession 2 Military Tract,
Ward of Hallowell)
October 23, 2006
i.
163
single-family dwelling house shall not be permitted on the lands zoned
RU3-23.
9.5.24 RU3-24 Zone (Cluett, Lots 25 & 26, Concession 1, Ward of Hillier)
(Casa-Dea Holdings Inc., Part of Lot 23, Concession 2, Ward of
Hillier)(Technical Clean up By-law No.2952-2011)
i.
The existing barn shall be limited to dry storage only and the keeping
of livestock shall not be a permitted use.
9.5.27 RU3-27 Zone (1018105 Ontario Ltd. c/o PEC Farms, Part of Lot 16,
RU3-25
RU3-26
(Mark & Stephanie McFaul, Part Lot 1, Concession 1 Military Tract,
(Huigen Acres Inc., Part Lot 5, Concession 2 Military Tract, Ward of
Hallowell)(Amending By-law No. 3290-2013)
contrary, on the lands zoned RU3-27 the following provision shall apply:
i.
9.5.28 RU3-28 Zone (Michael Degroot, Part Lot 58 & 59, Concession 2,
Massassauga Rd., Ward of Ameliasburgh)(Amending By-law No.
3251-2013)
apply:
i.
ii.
Residential uses shall not be permitted
The use of the existing barn shall be limited to dry storage only.
October 23, 2006
164
9.5.29 RU3-29 Zone (Bruce and Janet Hoekstra, Part Lot 41, Concession 2
West of Green Point, Ward of Sophiasburgh) (Amending By-law
No.2336-2008)
contrary, on the lands zoned RU3-29 the following provisions shall apply:
i.
53 m (175 ft)
9.5.30 RU3-30 Zone (Lewis, Lot 3, Concession 2 North West West Lake,
Ward of Hallowell)
(Tony Top, Part Lot 56, Concession 2, Ward of Ameliasburgh)
apply:
i.
Agricultural buildings and structures are the only permitted use and a
residential dwelling shall not be permitted on the lands zoned RU3-30.
9.5.31 RU3-31 Zone (Carson, Ward of North Marysburgh) (Amending Bylaw No. 2007-2007)(Amending By-law No. 2734-2010)
contrary, on the lands zoned RU3-31, the following shall be the only special
provisions shall apply:
i.
ii.
Any new livestock buildings shall be required to meet the Minimum
Distance Separation requirements.
9.5.32 RU3-32 Zone (R. H. Fleguel & E. P. Roughan) Part Lots 1, 2, 3 4, 5, 6
& 7, Concession Waupoos Island (Ward of North Marysburgh)
October 23, 2006
165
i.
ii.
iii.
single family dwelling shall not be a permitted use on the lands zoned
RU3.32.
Access to the lot shall be provided by Waupoos Island Lane, a specially
designated seasonal unmaintained road allowance, described in County
Policy RD 710 A – Waupoos Island Seasonal Road Policy. Regular
maintenance of Waupoos Island Lane will not be provided. There is no
commitment or requirement by the municipality to assume year round
maintenance of the road and levels of service provided to the lots may
be limited or reduced, including the level of emergency service. There
is no commitment or requirement by the municipality to provide for
public ferry service and/or transportation to/from the mainland.
Owners of lands zoned RU3-32 shall be solely responsible for obtaining
and providing adequate off-site mainland parking for their holding.
There shall be no commitment or cost incurred by the Corporation of
the County of Prince Edward to provide mainland parking.
9.5.33 RU3-33 Zone (Robert & Teresa Hilborn, Part Lot 30, Concession
Bayside, Ward of North Marysburgh) (Amending By-law No. 21762008)
(Leslie Gail and Dennis Dick, Part Lot 9 & 10, Concession 2,
North West of West Lake, Ward of Hallowell) (Amending Bylaw No. 2726-2010)
(Douglas Williams and Leslie and Terry Ann Simpson, Pt.
Lot 13, Concession 4, S.S.E.L., Ward of Athol)(Amending By-law No.
3086-2012)
i.
ii.
The buildings existing as of the date of passing of this by-law shall
only be used for the purposes of dry storage.
Livestock shall not be permitted within the buildings or structures
existing as of the date of the passing of this by-law.
October 23, 2006
166
9.5.36 RU3-36 Zone (Doug & Wendy Mason, Part Lot 73, Concession 4,
i.
No new dwelling unit shall be located within 500 m (1,640 ft) of an
existing or closed/abandoned waste disposal site without the approval
of the Ministry of Environment and the Municipality.
9.5.37 RU3-37 Zone (Lloyd & Myrna Spencer, Part Lots 73, 74, 75 & 76,
Concession 1 & 2, Ward of Ameliasburgh) (Amending By-law No.
2359-2009)
i.
ii.
Residential uses and structures shall not be permitted.
The use of the barn existing as of the date of passage of this by-law
shall be limited to dry storage only.
9.5.38 RU3-38 (Joan Foster & Margaret Vandervelde, 2181 County Road 3,
Part Lot 86 & 87, Concession 1, Ameliasburgh Ward) (Amending Bylaw No. 2607-2010)
apply:
i.
ii.
iii.
iv.
56.6 m (166 ft)
Residential uses shall be prohibited
The buildings and structures existing on the date of the passage of this
by-law shall be for dry storage only.
Any new livestock buildings shall be required to meet the Minimum
Distance Separation requirements.
October 23, 2006
167
9.5.39 RU3-39 (Jamie Brauer, Lot 62, Concession 2, Ameliasburgh Ward)
apply:
i.
47 m (153 ft)
9.5.40 RU3-40 (Dana & Roger Sprague, Part Lot 71, Concession 1, Ward of
apply:
i.
ii.
44 m (144 ft)
9.5.41 RU3-41 Zone (1015791 Ontario Inc., Part of Lots 76 & 77,
2861-2011)
apply:
i.
30.5 m (100 ft)
9.5.42 RU3-42 Zone (Fairacres Farms, Part Lots 21 & 22, Concession 1,
apply:
i.
155 ft. (47 m)
October 23, 2006
168
9.5.42 RU3-42 Zone (David Neil Ackerman, Part Lot 26, Concession 1,
South of Black River, Royal Road, Ward of South Marysburgh)
apply:
i.
ii.
160 ft. ( 48.76 m)
A single family dwelling shall not be permitted on the lands zoned
RU3-42.
9.5.43 RU3-43 Zone (Zemer Holdings Ltd., Part Lot 93, Concession 3, Ward
of Ameliasburgh) (Amending By-law No. 3083-2012)
apply:
i.
65 m (213 ft)
October 23, 2006
SECTION 10
169
URBAN RESIDENTIAL TYPE ONE (R1) ZONE
No person shall within any Urban Residential Type One (R1) Zone use any land or
erect, alter or use any building or structure except in accordance with the following
provisions:
10.1 PERMITTED RESIDENTIAL USES
10.1.1
one single detached dwelling
10.1.2
converted dwelling with a maximum of two dwelling units provided the
lot is serviced by both public water and sanitary sewer system
10.1.3
home business
10.1.4
private home day care
10.1.5
bed & breakfast establishment
10.1.6
group home
10.1.7
uses, buildings and structures accessory to the foregoing permitted
uses
10.2 PERMITTED NON-RESIDENTIAL USES
10.2.1
public uses or utilities in accordance with the provisions of Section
4.23 of this By-law
10.3
REGULATIONS FOR PERMITTED RESIDENTIAL USES
10.3.1
i.
Minimum Lot Area
Lot serviced by a public water and sanitary sewer systems
ii.
460 m (4,950 sq. ft.)
Lot serviced by a public water or a sanitary sewer system
iii.
2
2
930 m (10,010 sq. ft.)
Lot serviced by private individual water supply and
sewage disposal systems
2
4047 m (43,563 sq. ft.)
10.3.2
i.
Lot serviced by a public water and sanitary sewer system
15 m (49.2 ft.)
October 23, 2006
ii.
iii.
170
30 m (98.5 ft.)
45 m (147.6 ft.)
10.3.3
Minimum Front Yard
7.5 m (24.6 ft.)
10.3.4
7.5 m (24.6 ft.)
10.3.5
1.2 m (3.9 ft.) plus 0.6 m
(2 ft.) for each partial or
additional storey above
the first
10.3.6
Minimum Rear Yard
7.5 m (24.6 ft.)
10.3.7
i.
ii.
iii.
Lot serviced by a public water and sanitary sewer systems
35%
25%
15%
10.3.8
30%
10.3.9
10 m (33 ft.)
10.3.10
2
10.3.11
Minimum Floor Area
75 m2 (807.3 sq. ft.)
10.4 GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
of any land, building or structure permitted within the Urban Residential Type
One (R1) Zone and any special zone thereunder, shall apply and be complied
with.
10.5 SPECIAL URBAN RESIDENTIAL TYPE ONE (R1) ZONES
October 23, 2006
10.5.1
171
R1-1 Zone (Daimler Modular Home Park, Ward of Wellington)
Notwithstanding any provisions of this By-law to the contrary, within the R11 Zone, the following provisions shall apply:
i.
ii.
iii.
iv.
v.
vi.
Permitted Uses
1.
modular home park
2.
modular home dwelling
3.
single detached dwelling
4.
an administrative, recreational and commercial complex
5.
an accessory works building and storage compound area
6.
a private park
7.
a convenience store as an accessory commercial use to a
modular home park
Regulations for Modular Home Dwelling and Single Detached Dwelling
1.
Minimum Site Area
460 m2 (4951 sq. ft.)
2.
Minimum Site Frontage
15 m (49.2 ft.)
3.
Minimum Front Yard
7.5 m (24.6 ft.)
4.
Minimum Side Yard
1.0 m (3.28 ft.)
5.
3 m (9.84 ft.)
6.
Minimum Rear Yard
7.5 m (24.6 ft.)
7.
Maximum Site Coverage
40%
8.
Minimum Floor Area
85 m2 (914 sq. ft.)
9
Maximum Height
9 m (29.5 ft.)
10.
Minimum Width of a Modular
Home or Dwelling Unit
6.5 m (21.3 ft.)
11.
per Modular Home Site
35%
Regulations for an Administrative, Recreational and Commercial
Complex
1.
Minimum Site Area
8,000 m2 (1.97 ac.)
2.
60 m (196.8 ft.)
3.
Minimum Front Yard
7.5 m (24.6 ft.)
4.
Minimum Side Yard
7.5 m (24.6 ft.)
5.
Minimum Rear Yard
7.5 m (24.6 ft.)
6.
35%
7.
Minimum Recreational Floor Area
185 m2 (1991 sq. ft.)
8.
Maximum Commercial Floor Area
110 m2 (1184 sq. ft.)
Provisions for an Accessory Works Building and Storage Compound
Area
1.
Minimum Site Area
4,047 m2 (1.0 ac.)
2.
20%
Provisions for a Convenience Store Accessory to a Modular Home Park
1.
Maximum Floor Area
110 m2 (1184 sq. ft.)
All buildings and structures permitted in the R1-1 Zone shall be
serviced by municipal sanitary sewer and municipal water systems.
October 23, 2006
vii.
viii.
172
A detached dwelling or modular home may be utilized as a dwelling
unit sales office, in which case the regulations in Section 10.5.1 ii shall
apply.
All lots, uses, buildings and structures may front onto and obtain
access from a private road.
10.5.2 R1-2-H Zone (Daimler Retirement Parks Limited, Ward of
Wellington) R1-2 (By-law No. 2743-2010) Removal of H
Notwithstanding any provisions of this By-law to the contrary, within the R12 Zone the following provisions shall apply:
i.
ii.
Permitted Uses
1.
Single detached dwellings and duplex dwellings which are onsite built, on individual freehold lots.
2.
Home business
3.
Open space uses
Provisions for Permitted Uses
1.
Single detached dwelling:
2.
450 m (4843.9 sq. ft.)
15 m (49.2 ft.)
7.5 m (24.6 ft.)
1 m (3.2 ft.)
3 m (9.8 ft.)
7.5 m (24.6 ft.)
40%
a.
674 m (7,255 sq. ft.)
b.
3.
4.
5.
2
a.
Minimum lot area
b.
c.
Minimum front yard
d.
Minimum side yard
e.
f.
Minimum rear yard
g.
Maximum lot coverage
Duplex dwellings:
Minimum lot area
2
2
Minimum lot area per dwelling unit
337 m (3,627.5
sq. ft.)
c.
18 m (59.05 ft.)
d.
Minimum front yard
7.5 m (24.6 ft.)
e.
Minimum side yard
1.2 m (3.9 ft.)
f.
3 m (9.8 ft.)
g.
Minimum rear yard
7.5 m (24.6 ft.)
h.
40%
Lots for single detached dwellings and duplex dwellings may
front upon and obtain access from a private road.
The "H" shall be removed when the owner has entered into a
Subdivision Agreement with the Corporation of the County,
which Agreement shall address all municipal requirements,
financial and otherwise.
All lots, uses, buildings and structures may front onto and
obtain access from a private road.
October 23, 2006
173
10.5.3 R1-3 Zone (Ward of Wellington)
i.
ii.
iii.
A converted dwelling shall not be a permitted use.
Minimum rear yard
15 m (49.2 ft.)
All openings (including windows and doors) and electrical and heating
equipment must be above the minimum elevation of 76.4 m (G.S.C.).
10.5.4 R1-4-H Zone (Plan No. 15 & No. 16 and Part of Lot 194, Plan 8,
Wellington Ward)
i.
ii.
iii.
iv.
13.7 m (44.9 ft.)
buildings or structures permitted shall be the uses existing as of March
30, 2003 and one model home for purposes of marketing the future
subdivision, approved in writing by the County Chief Building Official.
until such time as a subdivision agreement between the County and
the Owner has been executed addressing, among other things, site
services, access, parkland and financial requirements and that the final
plan has been approved fro registration by the County.
Upon removal of the Holding (-H) symbol by Council, the uses and
zone provisions of the R1-4 Zone shall apply to the lands so
designated.
10.5.5 R1-5 Zone (Doris Richardson, Wellington Ward)
i.
ii.
Two single detached dwellings shall be permitted.
Provisions for permitted uses
1.
Dwelling No. 1 (Southerly Dwelling)
(a)
Minimum Front Yard
0 m (0 ft.)
(b)
Minimum Rear Yard
0.95 m (3.1 ft.)
2.
Dwelling No. 2 (Northerly Dwelling)
(a)
Minimum Front Yard
3.75 m (12.3 ft.)
(b)
Minimum Side Yard
0.75 m (2.46 ft.)
(c)
Minimum Rear Yard
1.75 m (5.74 ft.)
October 23, 2006
174
10.5.6 R1-6 Zone (Halloran, Ward of Wellington)
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
Permitted uses shall be limited to the single detached dwelling and
garage existing on the day of passing of this By-law.
Minimum Lot Area
270 m2 (2906 sq. ft.)
10.5 m (34.4 ft.)
Minimum Front Yard
5.1 m (16.7 ft.)
Minimum Rear Yard
4.6 m (15.09 ft.)
Minimum Rear Yard for a garage accessory to the
main dwelling
0.76 m (2.49 ft.)
Minimum Side Yard for a garage accessory to the
main dwelling
0 m (0 ft.)
Maximum lot coverage for accessory buildings,
including a garage
8.5%
10.5.7 R1-7 Zone (Channel, Ward of Wellington)
i.
ii.
Minimum Lot Area
Minimum Rear Yard Depth
6,070 m2 (1.49 ac.)
106 m (347.7 ft.)
10.5.8 R1-8 Zone (Channel, Ward of Wellington)
i.
ii.
iii.
iv.
v.
Minimum
Minimum
Minimum
Minimum
Minimum
Lot Area
Lot Frontage
Front Yard
Interior Side Yard
Rear Yard
1 ha (2.47 ac.)
30.5 m (100 ft.)
15.2 m (49.8 ft.)
6 m (19.6 ft.)
15.2 m (49.8 ft.)
10.5.9 R1-9 Zone (Open Season Lodge, Tourist Establishment, Ward of
Wellington)
i.
ii.
iii.
In addition to the uses permitted in the R1 Zone, a tourist
establishment existing on the date of passing of this by-law shall also
be a permitted use.
Minimum Lot Area
1,580 m2 (17,007 sq. ft.)
18 m (59 ft.)
October 23, 2006
iv.
v.
vi.
vii.
Minimum
Minimum
Minimum
Minimum
175
Front Yard
3 m (9.8 ft.)
Eastern Side Yard for Main Dwelling
0.3 m (0.98 ft.)
Western Side Yard for Main Dwelling
7.6 m (24.9 ft.)
Side Yard for Rental Cottages
0.3 m (0.98 ft.)
10.5.10 R1-10 Zone (Warrick, 2 Hill Street, Ward of Picton)
i.
ii.
The building existing on the date of passing of this by-law may be
converted to a maximum of three dwelling units.
The parking requirements may be satisfied by the establishment of the
requisite number of parking spaces within a part of the allowance for
Johnson Street immediately adjoining.
10.5.11 R1-11 Zone (29 Queen Street, Ward of Picton)
i.
ii.
An additional permitted use of the single detached dwelling existing on
the date of passing of this by-law shall be a residential home
exclusively for senior citizens and accommodating not more than six
(6) such senior citizens.
The minimum number of off-street parking spaces required shall be
five (5).
10.5.12 R1-12 Zone (27 Union Street, Ward of Picton)
i.
ii.
iii.
iv.
Minimum lot area
Minimum front yard
Minimum side yard, east side
There shall be no driveway or vehicle access
property to Union Street.
2
427 m (4,596.3 sq. ft.)
0 m (0 ft.)
0 m (0 ft.)
of any kind from the
10.5.13 R1-13 Zone (Dyke, 44 King Street, Ward of Picton)
i.
A permitted use shall be two single detached dwellings being the
original house that existed on the date of passing of this by-law and
October 23, 2006
ii.
iii.
176
the second located in the carriage house existing on the date of
17 m (56 ft.)
The minimum rear yard and the minimum side yard
for the existing carriage house shall be
0 m (0 ft).
10.5.14 R1-14 Zone (Wager, 6 South Street, Ward of Picton)
i.
ii.
A permitted use shall be two single detached dwellings, one such
dwelling being that existing on the said lands on the date of passing of
this by-law and the second such dwelling being constructed on a
concrete foundation existing on the said lands on the date of passing
of this by-law.
The minimum side yard requirement with respect only to the buildings
existing at the date of passage of this by-law shall be 0.3 m.
10.5.15 R1-15 Zone (Hill Street, Part Lot 110, Registered Plan No. 24,
Ward of Picton)
i.
ii.
iii.
13 m (42.65 ft.)
Minimum front yard
2.44 m (8.0 ft.)
Minimum setback from the edge of the escarpment 3 m (9.84 ft.)
10.5.16 R1-16 Zone (Hill Street, Part Lot 110, Registered Plan No. 24,
Ward of Picton)
i.
ii.
Minimum front yard
2.44 m (8.0 ft.)
Minimum setback from the edge of the escarpment 3 m (9.84 ft.)
10.5.17 R1-17 Zone (120 Church Street, Ward of Picton)
i.
ii.
Minimum lot area
2,428 m2 (26,135.6 sq. ft.)
106 m (347.76 ft.)
October 23, 2006
177
10.5.18 R1-18 Zone (108 Mary Street, Part of Lot 792, Registered Plan
24, Ward of Picton)
i.
ii.
iii.
Minimum lot area
Minimum front yard
2
418 m (4,500 sq. ft.)
12.1 m (40.0 ft.)
0.9 m (3.0 ft.)
10.5.19 R1-19 Zone (Lot 109, Plan 28, Ward of Hallowell)
i.
ii.
Minimum lot area
0.66 ha (1.6 ac.)
30.0 m (98.4 ft.)
i.
ii.
iii.
The permitted residential uses shall include two single detached
dwellings.
Minimum lot area
0.42 ha (1.0 ac.)
28.0 m (91.8 ft.)
i.
ii.
Minimum lot area
0.32 ha (0.79 ac.)
39.0 m (127.9 ft.)
10.5.22 R1-22 Zone (Part of Lot 103 & Lot 104, LRCP 28, Ward of
Hallowell)
i.
ii.
A second dwelling existing on the date of passing of this by-law shall
be a permitted accessory use to the main dwelling located on the same
lot.
9.75 m (32 ft.)
October 23, 2006
178
10.5.23 R1-23 Zone (Part Lot 20, Concession 3, Military Tract, Ward of
Hallowell)
i.
ii.
Minimum lot area
2
3300 m (35,522 sq. ft.)
40.0 m (131.2 ft.)
10.5.24 R1-24 Zone (Part of Lot 20, Concession 1, South East Carrying
Place, Ward of Hallowell)
i.
ii.
iii.
Minimum lot area
Minimum southerly interior side yard
0.24 ha (0.6 ac.)
44.0 m (145 ft.)
24.38 m (80.0 ft.)
10.5.25 R1-25 Zone (Lots 186 & 187, Plan 24, Ward of Picton)
Notwithstanding the provisions of this by-law to the contrary, within the R125 zone, the following provisions shall apply:
i.
12.2 m (40 ft.)
10.5.26 R1-26 Zone (Lot 1060 and Part of Lot 1061, Plan 24, Ward of
Picton)
Notwithstanding any provisions of this by-law to the contrary, within the R126 zone, the following provisions shall apply:
i.
ii.
Minimum front yard
Maximum height
5.5 m (18 ft.)
One storey
10.5.27 R1-27 Zone (Kolabinski, Ward of Picton)
i.
An office building for one (1) medical practitioner shall be a permitted
use.
ii.
13, as amended, relating to Site Plan Control shall apply.
October 23, 2006
179
10.5.28 R1-28 Zone (Jowett, 2 Broad St., Ward of Picton)
i.
Minimum rear yard
4.57 m (15 ft)
10.5.29 R1-29 Zone (Robert & Tammy Spencer, Part Lots 1326 & 1327,
Plan 24, Ward of Picton)(Amending By-law No. 1933-2007)
contrary, on the lands zoned R1 the following special provision shall apply:
i.
ii.
Minimum Lot Area
404 sq. m (4,350 sq. ft.)
13.7 m (45 ft)
All other provisions of the R1 Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned R1-29.
10.5.30 R1-30 Zone (Trustee Board of Picton United Church, Part Lots
894 etc. Plan 24, Ward of Picton) (Amending By-law No. 19342007)
contrary, on the lands zoned R1-30 the following special provisions shall
apply:
i.
10.67 m (35 ft)
10.5.31 R1-31 Zone (Giuseppe Franzo Romano, Part of Lot 20,
Concession 1 South East of Carrying Place, Ward of Hallowell)
Aending By-law No. 2358-2009)
apply:
i.
ii.
iii.
Minimum Lot Area
1,440 sq m (15,500 sq. ft)
22.9 m (75 ft)
Minimum Northern Interior Side Yard 11 m
(36 ft)
October 23, 2006
180
10.5.33 R1-33 Zone (Giuseppe Franzo Romano, 32 John Street, Part of Lot
20, Concession 1 South East of Carrying Place, Ward of Hallowell)
apply:
i.
ii.
iii.
Minimum Lot Area
1,161.3 Sq m (12,500 sq. ft)
19.8 m (65 ft)
The southern side lot line shall be considered an Exterior Side Yard
10.5.34 R1-34 (1513210 Ontario Inc.) Part of Lot 1, Concession 1 North
West Carrying Place, and Part or all of Lots 526-535, 556-565 &
Part of Thomas, Peter and Alma Streets, Plan 24, Ward of Picton
(Amending By-law No. 2984-2011, Removal of H 2983-2011 and
3049-2012)
apply:
i.
ii.
iii.
iv.
v.
vi.
vii.
Lot Area Minimum
Lot Frontage Minimum
Front Yard Minimum
Interior Side Yard Minimum
Exterior Side Yard Minimum
Lot Coverage Maximum
Building Height Maximum
410 sq. m.
12.0 m
6.0 m
1.2 m
3.0 m
45%
11.0 m
10.5.35 R1-35 Zone (Sandbank Homes Inc., Part of Lot 1, Concession 1
North West Carrying Place, Ward of Picton) (Amending Bylaw No. 2964-2011) (Removal of H By-law 3049-2012)
contrary, on the lands zoned R1-35 the following special provision shall
apply:
i.
ii.
iii.
Interior Side Yard (Minimum)
Exterior Side Yard (Minimum)
6.0 m
1.2 m
6.0 m
October 23, 2006
iv.
v.
Rear Yard (Minimum)
Lot Coverage (Maximum)
181
6.0 m
45%
10.5.36 R1-36 Zone (Estate of Hilda May Young, Part Lot 194, Plan 8,
Ward of Wellington)(Amending By-law No. 3289-2013)
apply:
i.
ii.
iii.
equipment must be above the minimum elevation of 76.4 m (G.S.C.)
Minimum Front Yard Setback – 6 m (19.6 ft)
All development exclusive of open decks must be located a minimum
setback of 10 m from the 1:100 year floodplain elevation of 75.8 m
(G.S.C.)
shall apply to lands zoned R1-36.
10.5.37 R1-37 Zone (Estate of Hilda May Young, Part Lot 194, Plan 8, Ward
of Wellington)(Amending By-law No. 3289-2013)
Notwithstanding any provision of the R1 Zone and By-law No. 1816-2006 as
Amended to the contrary, on the lands zoned the R1-37 the following special
i.
ii.
iii.
equipment must be above the minimum elevation of 76.4 m (G.S.C.)
Minimum Front Yard Setback – 6 m (19.6 ft)
All development exclusive of open decks must be located a minimum
setback of 10 m from the 1:100 year floodplain elevation of 75.8 m
(G.S.C.)
shall apply to lands zoned R1-37.
October 23, 2006
SECTION 11
182
URBAN RESIDENTIAL TYPE TWO (R2) ZONE
No person shall within any Urban Residential Type Two (R2) Zone use any land or
provisions:
11.1.1
11.1.2
one unit of a semi-detached dwelling
11.1.3
one semi-detached dwelling
11.1.4
one duplex dwelling
11.1.5
converted dwelling with a maximum of two dwelling units
11.1.6
home business
11.1.7
11.1.8
bed & breakfast establishment
11.1.9
group home
11.1.10
retirement home
11.1.11
uses
11.2.1
4.23 of this By-law
11.3 REGULATIONS FOR PERMITTED RESIDENTIAL USES
11.3.1
Minimum Lot Area
2
i.
430 m (4,600 sq. ft.)
ii.
325 m (3,500 sq. ft.)
iii.
650 m (7,000 sq. ft.)
iv.
duplex dwelling
560 m (6,030 sq. ft.)
2
2
2
October 23, 2006
183
11.3.2
i.
ii.
iii.
iv.
duplex dwelling
13 m (43 ft.)
9 m (30 ft.)
18 m (60 ft.)
18 m (60 ft.)
11.3.3
Minimum Front Yard
7.5 m (24.6 ft.)
11.3.4
11.3.5
i.
single detached dwelling for each partial or
additional storey above the first 1.2 m (3.9 ft.) plus 0.6 m (2 ft.)
semi-detached dwelling
1. on the attached side
0 m (0 ft.)
2. on the other side
2.5 m (8.2 ft.)
duplex dwelling
2.5 m (8.2 ft.)
ii.
iii.
7.5 m (24.6 ft.)
11.3.6
Minimum Rear Yard
11.3.7
Maximum Lot Coverage (all buildings and structures) 35%
11.3.8
30%
11.3.9
10 m (33 ft.)
11.3.10
2
11.3.11
i.
Minimum Floor Area Per Dwelling Unit
75 m2 (807.3 sq. ft.)
ii.
semi-detached or duplex
7.5 m (24.6 ft.)
2
65 m (700 sq. ft.)
PROVISIONS
Two (R2) Zone and any special zone thereunder, shall apply and be complied
with.
11.5 SPECIAL URBAN RESIDENTIAL TYPE TWO (R2) ZONES
October 23, 2006
184
11.5.1 R2-1 Zone (8 Bridge Street, Ward of Picton)
i.
A permitted use of the basement or cellar only of the existing single
detached dwelling shall be a craft and gift shop.
There shall be no additional parking requirement for the craft and gift
shop.
No outdoor advertising sign or device shall be placed or erected on the
property except with the approval of Council and following issuance of
a sign permit for such sign.
ii.
iii.
i.
vi.
The only permitted use of the house and attached garage existing on
the date of passing of this by-law shall be that of a single detached
dwelling and private garage.
The only permitted use of the accessory building located on the
southerly portion of the lot shall be that of the storage, refinishing and
sale of antiques and used furniture, this business to be carried on only
by a member or members of the family residing in the single detached
dwelling on Lot 1236.
Minimum front yard
3.7 m (12.13 ft.)
Minimum rear yard
1.82 m (5.97 ft.)
No exterior display of goods is permitted except on the 1.52 m (4.98
ft.) wide walk immediately in front of the accessory building.
No exterior advertising is permitted other than a single sign of not
vii.
more than 0.28 m (3 sq. ft.) in area attached to the accessory
building and showing only the name and nature of the business.
Maximum height of the accessory building
4.88 m (16.0 ft.)
ii.
iii.
iv.
v.
2
11.5.3 R2-3 Zone (Lot 1060 and Part of Lot 1061, Plan 24, Ward of Picton)
i.
ii.
11.5.4
Minimum front yard
Maximum height
5.5 m (18 ft.)
One storey
R2-4 Zone (Macaulay Village, Ward of Hallowell)
October 23, 2006
i.
185
Minimum Lot Area
1.
450 sq. m.
2.
one unit of a semi-detached dwelling 305 sq. m.
3.
610 sq. m.
Minimum Front Yard
6m
ii.
iii.
46%
11.5.5 R2-5 Zone (Sensenstein, Lot 1060 and Part of Lot 1061, Plan
24, Ward of Picton)
i.
ii.
Minimum Front Yard
Maximum Building Height
5.5 m (18 ft)
One (1) Storey
11.5.6 R2-6 Zone (Hepburn Bros Limited, 15 York Street, Lot 1548, Plan
20, Ward of Picton) (Technical Cleanup By-law No.2952-2011)
the contrary, on the lands zoned R2-6 the following special provisions shall
apply:
i.
In addition to those uses permitted in the R2 Zone the existing motor
vehicle and drivers’ license bureau office shall also be a permitted use.
All other provisions of the R2 Zone and By-law No. 1816-2006, as
amended, shall apply to the lands zoned the R2-6.
11.5.7 R2-7-H (Country Club Investments Ltd., Part Lots 10, 188, 191, 195,
196, 196B & 197, Plan 8, Ward of Wellington)( Amending By-law
No. 3029-2012)
the contrary, on the lands zoned R2-7 the following special provisions shall
apply:
i.
- 3.6 m to front wall of dwelling;
- 6.0 m to the front wall of an attached or detached garage
ii.
iii.
- Detached dwelling unit –
3.6 m
1.2 m
October 23, 2006
186
- Semi-detached dwelling unit – 0.0 m on the attached side of the
dwelling and 1.2 m on the unattached side of the dwelling, except
where a semi-detached dwelling is attached at the footing and/or
foundation, the horizontal distance between the walls on the attached
side of the two (2) dwelling units above finished grade shall be a
minimum of 1.2 m and a maximum of 1.5 m
iv.
50%
v.
Building Height (Maximum)
10.5 m
vi.
For the purposes of this By-law a “semi-detached dwelling” shall mean
a building separated vertically into two separate dwelling units,
connected by a common wall above ground or connected underground
at a footing and/or foundation, each of which has an independent
entrance directly from the outside of the building or through a
common vestibule and each of which is located on a separate lot.
11.5.8 R2-8-H Zone (Nery & Inkerman Village Circle Inc., Part Lots 1 & 22,
Concession SECP, Ward of Hallowell)(Amending By-law 3292-2013)
contrary, on the lands zoned R2-8 the following special provision shall apply:
1.
Permitted uses shall be limited to:
i.
ii.
Semi-detached dwelling
iii.
Townhouse dwellings
iv.
Home business
v.
Open space uses
2.
Regulations for permitted uses:
Single detached dwellings –
a.
Minimum lot area – 400 sq. m (4305 sq. ft)
b.
Minimum lot frontage – 11 m (36 ft)
c.
Minimum front yard – 6 m (19.7 ft)
d.
Minimum side yard 1.2 m (3.9 ft) plus 0.6 m (2ft) for each
partial or additional storey above the first
e.
Minimum exterior side yard – 7.5 m (24.6 ft)
f.
Minimum rear yard – 7.5 m (24.6 ft)
Semi-detached dwellings –
a.
Minimum lot area 674 sq. m (7255 sq. ft)
b.
Minimum lot area per dwelling unit 300 sq. m (3229 sq. ft)
c.
Minimum lot frontage 10 m (32.8 ft)
October 23, 2006
d.
e.
f.
g.
h.
i.
187
Minimum front yard 6 m (19.7 ft)
Minimum interior side yard 1.2 m (3.93 ft)
Minimum side yard between attached units 0 m. (0 ft)
Minimum exterior side yard 3 m (9.84 ft)
Minimum rear yard 7.5 m (24.6 ft)
Maximum building coverage 35%
Townhouse dwellings –
a.
Minimum lot area 700 sq. m (7534.9 sq. ft)
b.
Minimum lot area per dwelling unit 230 sq. m (2475.7 sq. ft)
c.
Minimum lot frontage per dwelling unit – 6 m (19.7 ft)
d.
Minimum front yard – 6 m (19.7 ft)
e.
Minimum side yard between attached units – 0 m (0 ft)
f.
Minimum interior side yard – 2.5 m (8.2 ft)
g.
Minimum exterior side yard – 3 m (9.84 ft)
h.
Minimum rear yard – 9 m (29.5 ft)
i.
Maximum building coverage 35%
3.
The ‘H’ shall be removed when the owner has entered into an
appropriate development agreement with the Corporation of the
County of Prince Edward to address the provision of on-site municipal
services for the development of the subject land. Such agreement
shall be registered on title.
shall apply to the lands zone R2-8-H.
October 23, 2006
SECTION 12
188
URBAN RESIDENTIAL TYPE THREE (R3) ZONE
No person shall within any Urban Residential Type Three (R3) Zone use any land or
provisions:
12.1.1
12.1.2
12.1.3
one duplex dwelling
12.1.4
one triplex dwelling
12.1.5
one converted dwelling with a maximum of four dwelling units
12.1.6
townhouse dwelling
12.1.7
one unit of a townhouse dwelling
12.1.8
apartment dwelling
12.1.9
retirement home
12.1.10
senior citizens’ housing complex
12.1.11
home business
12.1.12
uses
12.2.1
4.23 of this By-law
12.3.1
Minimum Lot Area
2
i.
325 m (3,500 sq. ft.)
ii.
650 m (7,000 sq. ft.)
iii.
duplex dwelling
560 m (6,030 sq. ft.)
iv.
triplex dwelling
600 m (6,458 sq. ft.)
2
2
2
October 23, 2006
189
2
v.
townhouse dwelling
250 m (2,700 sq. ft.)
per dwelling unit
vi.
apartment dwelling
232 m (2,500 sq. ft.)
per unit for first four
2
2
units, plus 46 m (495
sq. ft.) for each
additional unit
12.3.2
i.
ii.
iii.
iv.
v.
vi.
vii.
duplex dwelling
triplex dwelling
townhouse dwelling where each
unit front onto a public street
unit
townhouse dwelling which does
not front onto a public street
apartment dwelling
9 m (30 ft.)
18 m (60 ft.)
18 m (60 ft.)
18 m (60 ft.)
7 m (23 ft.) per dwelling
30 m (100 ft.)
23 m (75 ft.)
12.3.3
i.
ii.
Minimum Front Yard
all permitted uses except an apartment dwelling 7.5 m (25 ft.)
apartment dwelling
9 m (30 ft.)
12.3.4
i.
ii.
apartment dwelling
9 m (30 ft.)
12.3.5
i.
Minimum Interior Side yard
semi-detached dwelling
1.
on the attached side
2.
on the other side
duplex dwelling
triplex dwelling
townhouse dwelling
1.
2.
on the other side
apartment dwelling
ii.
iii.
iv.
v.
0 m (0 ft.)
2.5 m (8.2 ft.)
2.5 m (8.2 ft.)
2.5 m (8.2 ft.)
0 m (0 ft.)
2.5 m (8.2 ft.)
4.5 m (15 ft.)
12.3.6
i.
ii.
Minimum Rear Yard
apartment dwelling
9 m (30 ft.)
12.3.7
35%
12.3.9
35%
12.3.10
15 m (50 ft.)
October 23, 2006
12.3.11
Minimum Floor Area Per Dwelling Unit
190
2
i.
semi-detached, duplex or triplex
65 m (699.7 sq. ft.)
ii.
iii.
converted dwelling
apartment dwelling
60 m (645.86 sq. ft.)
1.
bachelor unit
46 m (495.16 sq. ft.)
2.
one bedroom apartment unit
55 m (592.0 sq. ft.)
3.
two bedroom apartment unit
60 m (645.86 sq. ft.)
4.
more than two bedroom apartment unit 65 m (699.68 sq. ft.)
5.
senior citizen apartment unit
2
2
2
2
2
2
42 m (452.1 sq. ft.)
PROVISIONS
Three (R3) Zone and any special zone thereunder, shall apply and be
complied with.
12.5 SPECIAL RESIDENTIAL 3 (R3) ZONES
12.5.1 R3-1 Zone (Part of Lot 215, Registered Plan No. 8, Ward of
Wellington)
i.
ii.
Sole Permitted Use
1.
One townhouse unit
Regulations for Permitted Use
1.
Minimum Lot Area
300 m2 (3,229.2 sq. ft.)
2.
Minimum Lot Area Per Dwelling Unit 300 m2 (93,229.2 sq. ft.)
3.
7.5 m (24.6 ft.)
4.
Minimum Lot Frontage Per Dwelling Unit
7.5 m (24.6 ft.)
5.
Minimum Front Yard
10.5 m (34.4 ft.)
6.
Minimum Side Yard, West Side
1.3 m (4.26 ft.)
7.
Minimum Side Yard, East Side
0 m (0 ft.)
8.
Each townhouse unit shall be fully serviced by an individual
connection with the municipal water supply system.
9.
Vehicular access to a permitted residential use shall be from
Maple Street via the existing private right-of-way at least 3.0 m
(9.84 ft.) in width.
October 23, 2006
191
Wellington)
i.
ii.
Permitted Uses
1.
One townhouse unit
Regulations for Permitted Uses
1.
Minimum Lot Area
215 m2 (2,314.3 sq. ft.)
2.
3.
5.5 m (18.04 ft.)
4.
5.5 m (18.04 ft.)
5.
Minimum Front Yard
10.5 m (34.4 ft.)
6.
Minimum Side Yard
0 m (0 ft.)
8.
9.
Wellington)
i.
ii.
Sole Permitted Use
1.
One townhouse unit
1.
Minimum Lot Area
280 m2 (3,013.9 sq. ft.)
2.
3.
7.0 m (22.9 ft.)
4.
7.0 m (22.9 ft.)
5.
Minimum Front Yard
10.5 m (34.4 ft.)
6.
Minimum Side Yard
0 m (0 ft.)
8.
9.
Wellington)
October 23, 2006
i.
ii.
192
Sole Permitted Use
1.
One townhouse unit
1.
Minimum Lot Area
280 m2 (3,013.9 sq. ft.)
2.
3.
7.0 m (22.9 ft.)
4.
7.0 m (22.9 ft.)
5.
Minimum Front Yard
10.5 m (34.4 ft.)
6.
Minimum Side Yard, East Side
1.0 m (3.28 ft.)
7.
Minimum Side Yard, West Side
0 m (0 ft.)
8.
9.
12.5.5 R3-5 Zone (Part of Lots 99 and 100, Registered Plan No. 8, Ward of
Wellington)
i.
A seniors' retirement residence in which accommodation is provided
for retired persons or couples where each private or semi-private room
has a separate entrance from a common hall but where common
facilities for the preparation and consumption of food are provided,
and common lounges, recreation rooms and medical care may also be
provided, is a permitted use.
ii.
A maximum of 8 retired persons may be accommodated at any one
time.
iii.
Minimum number of required parking spaces 5
12.5.6 R3-6 Zone Sandbank Homes, Lot 201, Plan 8, Ward of
Wellington) (Amending By-law No. 2271-2008)
R3-6 Zone (‘H’ Removed – Amending By-law No.2808-2011)
(Amending By-law –3094-2012) (Amending By-law 3235-2013)
contrary, on the lands zoned R3-6-H, the following provisions shall apply:
i.
ii.
Permitted uses shall be limited to townhouse dwellings and semidetached dwellings (save and except Block 13 on Plan 8, which shall
be limited to townhouse dwellings)
Minimum Frontage:
1.
townhouse dwelling where each unit fronts on a private street
where each unit fronts on a private street.
October 23, 2006
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
193
7 m (23 ft) per dwelling unit
2.
semi-detached dwelling where each unit fronts on a private
street.
7 m (23 ft) per dwelling unit
Minimum Front Yard
6 m (20 ft)
7.5 m (25 ft)
1.
0 m (0 ft)
2.
on the other side
2.5 m (8.2 ft)
Minimum Rear Yard
7.5 m (25 ft)
45%
Maximum building height
6.01 m (20 ft)
The lots, buildings, structures and uses within the R3-6 Zone may
The provisions of Section 4.25.7 shall not apply to front yards.
A landscaped buffer, a minimum of 3 m in width, shall be required
along the lot line butting Lot 201A on Plan 8.
The “H” shall be removed when the owner has entered into a
Subdivision Agreement and/or Site Plan Agreement with the
Corporation of the County, which agreement shall address all
municipal requirements, financial or otherwise, in accordance with
Sections 41 and 51 of the Planning Act, R.S.O. 1990, c.P.13., as
amended.
shall apply to the lands zoned R3-6-H.
12.5.7 R3-7-H Zone (Daimler Retirement Parks Limited
Townhouse/LowRise Apartment Block, Ward of Wellington)
R3-7 (By-law No. 2743-2010) Removal of H
i.
ii.
Permitted Uses
1.
Single detached dwellings
2.
Semi-detached dwellings
3.
Duplex dwellings
4.
Townhouse dwellings
5.
Low-rise apartments not greater than three storeys in height
6.
Home business
7.
Open space uses
1.
Single detached dwellings:
a.
b.
c.
d.
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
front yard
side yard
2
450 m (4843.9 sq. ft.)
15 m (49.2 ft.)
7.5 m (24.6 ft.)
1 m (3.28 ft.)
October 23, 2006
2.
194
e.
3 m (9.84 ft.)
f.
Minimum rear yard
7.5 m (24.6 ft.)
g.
Maximum building coverage
40%
Semi-detached dwellings and duplex dwellings:
a.
Minimum lot area
2
674 m (7255.1 sq. ft.)
2
b.
3.
4.
5.
6.
337 m (3627.5
sq. ft.)
c.
18 m (59.0 ft.)
d.
Minimum front yard
7.5 m (24.6 ft.)
e.
1.2 m (3.93 ft.)
f.
3 m (9.84 ft.)
g.
Minimum rear yard
7.5 m (24.6 ft.)
h.
40%
Townhouse dwellings
a.
Minimum Lot Area
700 m2 (7534.9 sq. ft.)
b.
Minimum Lot Area per Dwelling Unit 230 m2 (2475.7 sq.
ft.)
c.
Minimum Lot Frontage per Dwelling Unit 6 m (19.68 ft.)
d.
Minimum Front Yard
7.5 m (24.6 ft.)
e.
Minimum Side Yard Between Attached Units 0 m (0 ft.)
f.
2.5 m (8.2 ft.)
g.
3 m (9.84 ft.)
h.
Minimum Rear Yard
9 m (29.5 ft.)
i.
Maximum Building Coverage
35%
Low-rise apartment/dwellings
a.
Minimum Lot Area
850 m2 (19,913.8 sq. ft.)
b.
Minimum Lot Area Per Dwelling Unit 230 m2 (2475.7
sq. ft.)
c.
Minimum Front Yard
7.5 m (24.6 ft.)
d.
2.5 m (8.2 ft.)
e.
3 m (9.84 ft.)
f.
Minimum Rear Yard
9 m (29.5 ft)
g.
35%
The lands within the R3-7 Zone may front upon and obtain
access from a private road.
The "H" shall be removed when the owner has entered into a
Site Plan Agreement with the Corporation of the County, which
Agreement shall address all municipal requirements, financial or
otherwise, in accordance with the provisions of Section 41 of
the Planning Act, R.S.O. 1990, c.P.13.
12.5.8 R3-8 Zone (34 & 36 Mary Street, Ward of Picton)
i.
9.3 m (30.5 ft.)
October 23, 2006
ii.
iii.
Minimum lot area
Minimum side yard
195
2
344.0 m (3,702.9 sq. ft.)
1.8 m (5.9 ft.)
12.5.9 R3-9 Zone (62 King Street, Ward of Picton) (Amending By-law No.
2336-2008)
i.
Permitted Uses
1.
A permitted use of the dwelling as existed on the date of
passing of this by-law shall be a residential home exclusively for
senior citizens and accommodating not more than thirteen (13)
such senior citizens.
2.
A permitted use of the existing barn shall be a recreational
centre on the first floor for the use of the residents of the
residential home described in subsection 1. preceding and for
the use of senior citizens of the community generally, together
with a single-family dwelling unit on the second floor.
3.
Group Home.
12.5.10 R3-10 Zone (71 Queen Street, Ward of Picton)
i.
A permitted use of the dwelling as existed on the date of passing of
this by-law shall be a residential home exclusively for senior citizens
and accommodating not more than ten (10) such senior citizens.
i.
ii.
iii.
iv.
v.
vi.
vii.
Minimum front yard
5 m (16.4 ft.)
3 m (9.84 ft.)
Minimum exterior side yard,
for principle and accessory buildings
5 m (16.4 ft.)
Minimum rear yard
5.5 m (18.04 ft.)
Where a parking area providing more than four (4) parking spaces
abuts a street, the minimum width of landscaped open space to be
provided along the lot line abutting the street shall be 2.4 m (7.9 ft.).
The maximum projection of the eaves of a building into the side yards
of such building shall be 1 m (3.3 ft.).
The maximum number of dwelling units in a new apartment dwelling
shall be eight (8).
October 23, 2006
196
12.5.12 R3-12 Zone (Rorabeck, 13 - 18 William Street, Part of Lot 1017,
Registered Plan No. 24, Ward of Picton)
i.
The four (4) unit apartment building existing on the date of passing of
this by-law, including any future additions/improvements thereto, is a
permitted use as long as the existing setbacks from the front and side
lot lines are not further reduced.
12.5.13 R3-13 Zone (346 Main Street, Ward of Picton)
i.
ii.
A permitted use of the first or main floor only of the existing dwelling
shall be that of an art gallery for the display and sale of paintings in
oils, acrylics, pastels and water colours and of sculptures.
A minimum of six (6) off-street parking spaces shall be provided on
the property.
12.5.14 R3-14 Zone (Royal Harbour Condominiums, Ward of Picton)
i.
ii.
iii.
Minimum rear yard
6.0 m (19.68 ft.)
15.65 m (51.3 ft.)
All development shall be flood proofed to the 1:100 year Lake Ontario
flood elevation of 76.7 m (251.6 ft.) (G.S.C.).
12.5.15 R3-15 Zone (Westwinds Condominiums, Ward of Picton)
i.
15.24 m (50 ft.)
12.5.16 R3-16 Zone (2 to 10 Union Street, Ward of Picton)
Notwithstanding any provisions of this By-Law to the contrary, within the R316 Zone, the following provisions shall apply:
i.
ii.
Minimum front yard
Minimum side yard
0.45 m (1.47 ft.)
0.60 m (1.96 ft.)
October 23, 2006
197
i.
ii.
Minimum front yard
Minimum side yard, north westerly side
0 m (0 ft.)
0 m (0 ft.)
12.5.18 R3-18 Zone (14 Mary Street, Ward of Picton)
i.
27.0 m (88.58 ft.)
12.5.19 R3-19 Zone (73 King Street, Part of Lots 303 and 304, Registered
Plan No. 24, Ward of Picton)
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
The uses permitted on the lands zoned R3-19 shall be limited to a
seniors’ retirement residence capable of accommodating a maximum
of nine (9) retired persons at any one time and one (1) single storey,
attached accessory dwelling unit for the owner or administrator of the
retirement home.
For the purposes of this section a seniors’ retirement residence shall
be defined as accommodation for retired individuals or couples where
each private or semi-private room has a separate entrance from a
common hall but where common facilities for the preparation and
consumption of food are provided, common lounges and recreation
rooms are provided, and where medical care may also be provided.
2
Minimum lot area
857 m (9,225 sq. ft.)
Minimum front yard
4.27 m (14.0 ft.)
Minimum interior west side yard
3.66 m (12.0 ft.)
The exterior side yard setbacks from the Centre Street road allowance
that were existing on the property on the date of passing of this bylaw are permitted and shall not be further reduced.
A minimum of five (5) parking spaces shall be provided on site, which
may include one parking space provided in and attached garage.
Maximum building height for a retirement residence 11.0 m (36.1 ft.)
Maximum building height for an attached accessory dwelling unit for
the owner or administrator shall be
5.5 m (18 ft.)
The maximum density permitted shall be 95 units per hectare.
October 23, 2006
198
12.5.20 R3-20 Zone (Macaulay Village, Ward of Hallowell)
Notwithstanding any provisions of this By-law to the contrary, within the R320 zone, the following provisions shall apply:
i.
ii.
Permitted uses are limited to the following:
1.
Senior citizen’s housing complex
2.
Retirement home
3.
Medical office uses accessory to the principle use.
Maximum height
Equal to the height of the building existing as of the date of passing of
this by-law.
12.5.21 R3-21 Zone (William Greer Estate, Ward of Wellington)
Notwithstanding any provisions of this By-law to the contrary, within the R321 zone, the following provisions shall apply:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Permitted uses shall be limited to one townhouse unit only.
Minimum lot area
300 sq m (3229.3 sq. ft.)
300 sq m (3229.3 sq. ft.)
7.5 m (24.6 ft)
Minimum lot frontage per dwelling unit
7.5 m (24.6 ft)
10.5 m (34.4 ft)
Minimum western side yard width
1.3 m (4.3 ft)
Minimum eastern side yard width
0 m (0 ft)
Vehicular access to a permitted residential use shall be from Maple
Street via the existing private right-of-way at least 3.0 m (9.8 ft) in
width.
12.5.22 R3-22 Zone (1598513 Ontario Inc. Lot 23, RP 121, Ward of
Wellington)
Notwithstanding any provisions of this by-law to the contrary, within the R322 Zone, the following provisions shall apply:
i.
ii.
The Permitted Uses shall be restricted to only the following:
two (2) six-unit dwellings
For the purposes of this by-law a “Six-Unit Dwelling” is defined as a
separate building that is divided into six dwelling units, each with an
independent entrance to the outside yard area adjacent to the said
dwelling unit.
12.5.23 R3-23-H Zone (1622402 Ontario Ltd., c/o Peter Fleck, Part Lot A,
Concession 1 North West Carrying Place, 46 Talbot Street, Ward of
Picton) (Amending By-law No. 2295-2008)
October 23, 2006
199
Notwithstanding any provisions of By-law No. 1816-2006, as amended, to
the contrary, on the lands zoned R3-23 Zone, the following provisions shall
apply:
i.
ii.
iii.
a)
a seniors housing condominium project with a maximum of 40
residential units
b)
uses normally incidental and accessory to the foregoing
The requirements of Section 41 of the Planning Act R.S.O., 1990,
lands zoned R3-23.
The “H” shall not be removed until such time as:
a)
The owner has entered into a Subdivision Agreement and/or a
Site Plan Agreement with the Corporation of the County, which
agreement shall include but not be limited to, addressing all
municipal requirements, financial or otherwise, in accordance
with Sections 41 and/or 51 of the Planning Act, R.S.O. 1990,
c.P.13, as amended.
b)
That an offsite servicing agreement has been executed with the
Municipality.
12.5.24 R3-24-H Zone (Cleave, Lots 694, 695 & 696, Registered Plan 24,
Ward of Picton)
Notwithstanding any provisions of this by-law to the contrary, within the R324-H zone, the following provisions shall apply:
i.
ii.
iii.
iv.
The maximum number of residential apartment units permitted shall
be 58 units.
The minimum yard requirements for the main permitted uses shall be:
a)
Front
9.0 m;
b)
Rear
12.0 m;
c)
Interior side yard
8.0 m;
d)
Exterior side yard
6.0 m.
A landscaped buffer strip having a minimum width of 10 m. shall be
provided and maintained between any residential building and the rear
lot line;
lands zoned R3-24-H.
October 23, 2006
200
12.5.24 R3-25 Zone (2087530 Ontario Inc., 4 Bridge Street, Ward of
Picton)
i.
ii.
iii.
iv.
v.
A maximum of seven (7) dwelling units, comprising of six (6)
townhouse units and one (1) detached dwelling unit, shall be the only
permitted use of the lands zoned R3-25.
Front Yard Depth (Minimum)
2 m (6.6 ft)
The setbacks of the detached carriage house building (former
Herrington Dairy Creamery) existing on the date of passing of this bylaw and any improvements thereto shall be permitted, however any
future additions thereto shall be required to meet all requirements of
the R3 Zone.
Landscaped Open Space (Minimum)
25%
lands zoned R3-25.
12.5.26 R3-26 Zone (Redgate Developments Inc., Part of Lots 20 & 21,
Concession 1 South East Carrying Place, Ward of Hallowell)
apply:
i.
ii.
The Permitted shall be limited to the following:
1 six unit townhouse dwelling;
home occupation; and
uses, buildings and structures accessory to the foregoing
permitted uses.
3 m (9.8 ft)
12.5.27 R3-27-H Zone (2038787 Ontario Inc.) 35 Bridge Street, Lots 1020,
1021, 1022, & 1024, Plan 24, Ward of Picton)(Amending By-law
No. 2963-2011 replacing By-law No.2087-2007)
apply:
i.
In addition to the uses permitted in the Urban Residential Type 3 (R3)
Zone the following uses shall also be permitted:
a) Medical clinic (with no overnight accommodations);
October 23, 2006
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
201
b) Business, professional or administrative offices;
c) Retail commercial establishment;
d) Personal service shop;
e) Restaurant;
f) Convenience store; and
g) Uses, building and structures accessory to a permitted use such as
a swimming pool, club house and docks.
Minimum Lot Area per townhouse dwelling unit - 205 sq. m
Minimum Front Yard
1.0 m
Minimum Interior Side Yard (on attached side) 0.0 m
Minimum Interior Side Yard (on other side)
1.5 m
Minimum Rear Yard
1.5 m
Minimum Building Separation
1.8 m
Minimum setback from 1:100 year flood plain 10 m
Minimum on-site parking requirements for all permitted residential
uses shall be determined at a rate of 1.2 spaces per dwelling unit.
lands zoned R3-27.
until such time as:
1. A site plan agreement has been executed to the satisfaction
of the Municipality, including but not limited to stormwater
management, grading, servicing, entrance/access to the site, Record
of Site Condition, pedestrian flow, docking facilities etc., or final
approval of a plan of condominium has been obtained;
2. The site has been remediated and a Record of Site Condition
filed to the satisfaction of the Ministry of the Environment and the
Municipality; and
3. A flow modeling analysis for the Bridge Street water and
sanitary sewer system has been completed to the satisfaction of the
Municipality.
buildings or structures permitted shall be those existing on the date of
shall apply to the lands zoned R3-27-h.
12.5.28 R3-28-H (Sandbank Homes, Lot 201, Plan 8, Ward of Wellington)
R3-28 Zone (‘H” removed – Amending By-law 2808-2011)
October 23, 2006
202
contrary, on the lands zoned R3-28, the following provisions shall apply:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
Permitted uses shall be limited to townhouse dwellings and semi
detached dwellings.
Minimum Frontage:
1.
townhouse dwelling where each unit fronts 7 m (23 ft.) per
dwelling unit on a private Street
2.
Semi detached dwelling where each unit
7 m (23) ft. per
dwelling unit fronts on a private Street
Minimum Front Yard
6 m (20 ft)
7.5 m (25 ft)
1.
0 m (0 ft)
2.
on the other side
2.5 m (8.2 ft)
Minimum Rear Yard
7.5 m (25 ft)
45%
6.01 m (20 ft)
The lots, buildings, structures and uses within the R3-28 Zone may
The provisions of Section 4.25.7 shall not apply to front yards.
Subdivision Agreement and/or a Site Plan Agreement with the
Corporation of the County, which agreement shall address all
municipal requirements, financial or otherwise, in accordance with
Sections 41 and 51 of the Planning Act R.S.O. 1990, c.P.13, as
amended.
shall apply to the lands zoned R3-28-H.
12.5.29 R3-29 Zone (Charles & Constance Lumley, Part Lot 1533, Plan 24,
Ward of Picton) (Amending By-law No. 2485-2009)
contrary, on the lands zoned R3-29, the following provision shall apply:
i.
Minimum permitted on site parking is 34 spaces.
amended, shall apply to the lands zoned R3-29.
12.5.30 R3-30-H Zone (David Clegg Holdings Ltd., Part Lot 19, Concession
1 South East of Carrying Place, Ward of Hallowell) (Amending Bylaw No. 2862-2011)
Notwithstanding any provision of By-law No. 1816-2006 as amended, to the
October 23, 2006
203
contrary, on the lands zoned R3-30, the following special provisions shall
apply:
i.
ii.
50%
zone R3-30.
12.5.31 R3-31 Zone (2038787 Ontario Inc.) 35 Bridge Street, Part Lots
1020, 1021, 1022, Plan 24, Ward of Picton (Amending By-law No.
2963-2011)
apply:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
In addition to the uses permitted in the Urban Residential Type 3 (R3)
Zone, the following uses shall also be permitted:
a) Medical clinic (with no overnight accommodations);
b) Business, professional or administrative offices;
c) Retail commercial establishment;
d) Personal service shop;
e) Restaurant;
f) Convenience store; and
g) Uses, building and structures accessory to a permitted use such as
a swimming pool, club house, and docks.
Minimum Lot Area per townhouse dwelling unit
205 sq. m
Minimum Front Yard
1.0 m
Minimum Interior Side Yard (on attached side)
0.0 m
Minimum Interior Side Yard (on other side)
1.5 m
Minimum Rear Yard
1.5 m
Minimum Building Separation
1.8 m
Minimum setback from 1:100 year flood plain
10 m
Minimum on-site parking requirements for all permitted residential
uses shall be determined at a rate of 1.2 spaces per dwelling unit.
Minimum of seventeen (17) boat slips for transient boaters shall be
provided
For the purposes of this By-law “Transient Boaters” shall mean boaters
berthing at such docks overnight or for short stays, arriving by water
only, and shall not include a marina as defined or classified herein.
lands zoned R3-31.
until such time as:
October 23, 2006
xiv.
xv.
204
4. A site plan agreement has been executed to the satisfaction of the
Municipality, including but not limited to stormwater management,
grading, servicing, entrance/access to the site, Record of Site
Condition, pedestrian flow, docking facilities etc. or final approval of a
plan of condominium has been obtained;
5. The site has been remediated and a Record of Site Condition filed to
the satisfaction of the Ministry of the Environment and the
Municipality; and
6. A flow modeling analysis for the Bridge Street water and sanitary
sewer system has been completed to the satisfaction of the
Municipality.
buildings, or structures permitted shall be a medical clinic, restaurant,
motel, marina and professional offices. The aforementioned permitted
uses shall be restricted to the buildings and structures existing on the
date of the passing this by-law.
For the purposes of any expansion or enlargement of the existing
uses, within the existing structure, the minimum number of required
on-site parking spaces for the lands zoned the Special R3-31-H Zone
shall be 39.
12.5.32 R3-32 Zone (1513210 Ontario Inc.) Part Lot 1, Concession 1 North
West Carrying Place and Part or all of Lots 528-533, 558-563 &
Part of Thomas Street, Plan 24, Ward of Picton (Amending By-law
No. 2984-2011, Removal of H – 2983-2011)
apply:
i.
The Permitted Uses shall be limited to the following:
a. One unit of a semi-detached dwelling;
b. One semi-detached dwelling;
c. One triplex dwelling;
d. One townhouse dwelling;
e. One unit of a townhouse dwelling;
f. Home business; and
g. Uses, buildings and structures accessory to the foregoing.
ii.
1. Semi-detached dwellings, duplex and townhouse dwellings:
a. Minimum Lot Area per semi-detached dwelling unit 315 sq m
b. Minimum Lot Area for semi-detached dwellings
630 sq m
c. Minimum Lot Area per townhouse dwelling unit
195 sq m
d. Minimum Lot Frontage per townhouse dwelling unit 6.0 m
October 23, 2006
e.
f.
g.
h.
i.
iii.
Minimum Front Yard
Minimum Side Yard (on attached side)
Minimum Side Yard (on other side)
205
6.0 m
0.0 m
1.2 m
3.0 m
45%
zoned R3-32.
12.5.33 R3-33 (1513210 Ontario Inc.) Part or all of Lots 451-453, 473479, 488-495, 517-524 & Part of Peter, Bowery and David Streets,
Plan 24, Ward of Picton (Amending By-law No. 2984-2011,
Removal of H –By-law No. 2983-2011)
apply:
i.
a. Seniors’ Retirement Residence;
b. Senior Citizen’s Housing Complex;
c. Apartment dwelling;
d. Townhouse dwelling;
e. One unit of a townhouse dwelling;
f. Home business; and
g. Uses, buildings and structures accessory to the foregoing.
ii.
iii.
iv.
Minimum Front Yard
Minimum Rear Yard
v.
For the purposes of this By-law a “Seniors” Retirement Residence”
is defined as a building or buildings in which accommodation is
provided for retired persons or couples where each private or semiprivate room has a separate entrance from a common hall but where
common facilities for the preparation and consumption of food are
provided, and common lounges, recreation rooms and medical care
may also be provided.
vi.
Notwithstanding the provisions of Section 5.1.6.2, parking may be
permitted in any yard.
vii.
5.9 m
4.0 m
40%
October 23, 2006
206
lands zoned R3-33.
All other provisions of the R3 Zone and By-law NO. 1816-2006, as amended,
12.5.34 R3-34H Zone (Sandbank Homes Inc.) Part Lot 1, Concession 1
North West of Carrying Place, and Part of Lots 549-555 & Part of
Thomas Street, Plan 24, Ward of Picton)(Amending By-law No.
2964-2011)
contrary, on the lands zoned R3-34, the following special provision shall
apply:
i.
ii.
iii.
iv.
v.
vi.
Minimum Lot Frontage per townhouse dwelling that does not front onto
a public street
10.0 m
6.0 m
6.0 m
Rear Yard (Minimum)
6.0 m
45%
lands zoned R3-34.
12.5.35 R3-35-H Zone (County Club Investments Ltd.) Part of Lots 10, 188,
195, 196, 196B & 197, Plan 8 Ward of Wellington (Amending By-law
No. 3029-2012)
apply:
i.
a) One townhouse dwelling;
b) One unit of a townhouse dwelling;
c) Home Business; and
d) Uses, buildings and structures accessory to the foregoing.
ii.
Lot Area (minimum)
iii.
Front Yard (mimimum)
3.6 m to front wall of dwelling
6.0 m to the front wall of an attached or detached garage
iv.
Exterior Side Yard (minimum)
224 sq. m
3.6 m
October 23, 2006
207
v.
Interior Side Yard (minimum)
0.0 m on the attached side of the dwelling
1.2 m on the unattached side of the dwelling
vi.
Lot Coverage (maximum)
55%
vii.
Landscaped Open Space (minimum)
30%
viii.
zoned R3-35.
12.5.36 R3-36-H Zone (Country Club Investments) Part of Lots 10, 188,
191, 195, 196, 196B & 197, Plan 8, Ward of Wellington (Amending
By-law No. 3029-2012)
the contrary, on the lands zoned R3-36 the following special provisions
shall apply:
i.
a)
townhouse dwelling;
b)
home business; and
c)
uses, buildings and structures accessory to the foregoing.
ii.
Minimum Lot Area for each townhouse dwelling unit
170 sq m (1830 ft2)
iii. Lot Frontage (minimum)
8 m (26 ft)
iv. Width of each townhouse unit on an Internal Road (minimum)
5.2 m ( 17 ft)
v.
Setback from Internal Road (minimum)
6 m to the front wall of an attached garage
3.6 m to the front wall of the dwelling
vi. Interior Side Yard (minimum)
1.2 m; or
3.6 m where the lot line abuts the R2-7 Zone
vii. Lot Coverage (maximum)
55%
viii. Landscaped Open Space (minimum)
30%
ix. The requirements of Section 41 of the Planning Act, R.S.O. 1990,
lands zoned R3-36.
October 23, 2006
208
All other provisions of the R3 Zone and By-law No. 1816-2006 as
amended, shall apply to the lands zoned R3-36.
12.5.37R3-37-H Zone (Country Club Investments Ltd.) Part of Lots 10, 188,
191, 195, 196, 196B, 197, Plan 8, Ward of Wellington (Amending
By-law No. 3029-2012)
the contrary, on the lands zoned R3-37 the following special provisions
shall apply:
i.
a) Apartment dwelling;
b) Retail commercial establishment within an apartment dwelling;
c) Home business; and
d) Uses, buildings and structures accessory to the foregoing.
ii.
All Required Yards (minimum)
3.0 m
iii. The requirements of Section 41 of the Planning Act, R.S.O. 1990,
lands zoned R3-37.
amended shall apply to the lands zoned R3-37.
12.5.38 R3-38 Zone (Sandbank Homes Inc.) Part Lot 1, LRCP 35, Ward of
Wellington (Amending By-law No. 3263-2013)
contrary on the lands zoned R3-38 the following special provision shall apply:
I.
i.
ii.
iii.
Townhouse dwellings
iv.
Home business
v.
Open Space uses
2.
i.
a) Minimum lot area 450 sq. m (4843.0 sq. ft)
b) Minimum lot frontage 15 m (49.2 ft)
c) Minimum front yard 6 m (19.7 ft)
d) Minimum side yard 1 m (3.28 ft)
e) Minimum exterior side yard 3 m (9.84 ft)
October 23, 2006
209
f) Minimum rear yard 7.5 m (24.6 ft)
g) Maximum building coverage 40%
ii.
a) Maximum lot area 674 sq. m. (7255.1 sq. ft)
b) Minimum lot area per dwelling unit 337 sq. m (3627.5 sq. ft)
c) Minimum lot frontage 18 m (60 ft)
d) Minimum front yard 6 m (19.7 ft)
e) Minimum interior side yard 1.2 m (3.93 ft)
f) Minimum exterior side yard 3 m (9.84 ft)
g) Minimum rear yard 7.5 m (24.6 ft)
h) Maximum building coverage 40%
iii.
Townhouse dwellings
a) Minimum lot area 700 sq. m. (7534.9 sq. ft)
b) Minimum lot area per dwelling unit 230 sq. m (2475.7 sq. ft)
c) Minimum lot frontage per dwelling unit 6 m. (19.7 ft)
d) Minimum front yard 6 m. (19.7 ft)
e) Minimum side yard between attached units 0 m. (0 ft)
f) Minimum interior side yard 2.5 m (8.2 ft)
g) Minimum exterior side yard 3 m. (9.84 ft)
h) Minimum rear yard 9 m. (29.5 ft)
i) Maximum lot coverage 35%
3.
All lots, uses, buildings and structures shall front onto and obtain
access from a private street.
4.
The provisions of Section 4.25.7 shall not apply to front, side or rear
yards.
5.
contrary, enclosed porches, balconies, steps and patios, whether
covered or uncovered, exterior stairs and landings may project into
any required yard a maximum distance of 2.5 m (8.2 ft), but not
closer than 1.2 m (4 ft) to any lot line, provided that in the case of
porches, steps or patios such uses are not more than 1.8 m ( 6ft)
above grade, exclusive of hand railings or similar appurtenances.
6.
The “H” shall be removed when the owner has entered into an
appropriate development agreement with the Corporation of the
County of Prince Edward to address the provision of on-site municipal
services for the development of the subject land. Such agreement
shall be registered on title.
shall apply to the lands zone R3-38-H.
October 23, 2006
SECTION 13
210
HAMLET RESIDENTIAL (HR) ZONE
No person shall within any Hamlet Residential (HR) Zone use any land or erect,
alter or use any building or structure except in accordance with the following
provisions:
13.1.1
13.1.2
home business
13.1.3
13.1.4
bed and breakfast establishment
13.1.5
group home
13.1.6
uses
13.2.1
4.23 of this By-law;
13.3.1
i.
ii.
Minimum Lot Area
Lot serviced by a public water system
Bloomfield and Consecon
2,000 m (21,528.5 sq. ft.)
2.
Rossmore
3,000 m (32,292.8 sq. ft.)
2
2
3.
All Other Hamlets
4,000 m (43,057.1 sq. ft.)
Lot serviced by private individual water supply
and sewage disposal systems
13.3.2
i.
ii.
2
1.
2
4,000 m (43,057.1 sq. ft.)
30 m (98.4 ft.)
45 m (147.6 ft.)
13.3.3
Minimum Front Yard
6 m (19.7 ft.)
13.3.4
6 m (19.7 ft.)
13.3.5
3 m (9.8 ft.)
October 23, 2006
211
13.3.6
Minimum Rear Yard
7.5 m (25 ft.)
13.3.7
i.
ii.
25%
15%
13.3.8
30 %
13.3.9
10 m (33 ft.)
13.3.10
1
13.3.11
75 m (807.3 sq. ft.)
2
PROVISIONS
of any land, building or structure permitted within the Hamlet Residential
(HR) Zone and any special zone thereunder, shall apply and be complied
with.
13.5 SPECIAL HAMLET RESIDENTIAL (HR) ZONES
13.5.1 HR-1 Zone (428 Main Street, Ward of Bloomfield)
Notwithstanding any provisions of this By-law to the contrary, within the HR1 Zone, the following provisions shall apply:
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
Front Yard
Lot Frontage
Side Yard along easterly lot line
Side Yard along westerly lot line
9.7 m (32 ft.)
14.9 m (49 ft.)
0.9 m (3 ft.)
0.85 m (2.8 ft.)
Notwithstanding any provisions of this By-Law, to the contrary, within the
HR-2 Zone the following provisions shall apply:
i.
ii.
Minimum lot area
2
733 m (7890 sq. ft.)
19.5 m (63.97 ft.)
October 23, 2006
iii.
iv.
Minimum front yard
Minimum side yard
212
4.0 m (13.12 ft.)
3.5 m 11.48 ft.)
Notwithstanding any provisions of this By-law to the contrary, within the HR3 Zone the following provisions shall apply:
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
Lot Area
Lot Frontage
Front Yard
Side Yard
2
767.5 m (8262 sq. ft.)
12.8 m (42 ft.)
2.8 m (9.1 ft.)
1.8 m (6.0 ft.)
13.5.4 HR-4 Zone (5 Duncan Street, Ward of Bloomfield)
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
Lot Area
Lot Frontage
Front Yard
Side Yard
2
641 m (6900 sq. ft.)
18 m (59 ft.)
2.4 m (8 ft.)
0.9 m (3 ft.)
Notwithstanding any provisions of this Bylaw to the contrary, within the HR-5
Zone the following provisions shall apply:
i.
ii.
iii.
Minimum Front Yard
Minimum Side Yard
13.7 m (45 ft.)
7.6 m (25 ft.)
0.3 m (1 ft.)
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
Lot Area
Lot Frontage
Front Yard
Side Yard
2
1,068.4 m (11,500 sq. ft.)
25.6 m (84 ft.)
5.5 m (18 ft.)
2.7 m (9 ft.)
October 23, 2006
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
213
2
Lot Area
Lot Frontage
Front Yard
Side Yard
650 m (7,000 sq. ft.)
16.8 m (55 ft.)
9.8 m (32 ft.)
0.9 m (3 ft.)
13.5.8 HR-8 Zone (1 Peter Street, Ward of Bloomfield)
i.
ii.
iii.
iv.
v.
Minimum
Minimum
Minimum
Minimum
Minimum
Lot Area
Lot Frontage
Front Yard
Side Yard along easterly lot line
Side Yard along westerly lot line
2
808 m (8700 sq. ft.)
20.4 m (67 ft.)
4.5 m (15 ft.)
0 m (0 ft.)
2.1 m (7 ft.)
13.5.9 HR-9 Zone (17 Stanley Street, Ward of Bloomfield)
Notwithstanding any provisions of this by-law to the contrary, within the HR9 Zone, the following provisions shall apply:
i.
ii.
iii
Minimum Front Yard
4.3 m (14 ft.)
Minimum Front Yard for an accessory building 12.2 m (40 ft.)
One off street parking space, other than that required for the dwelling,
2
is to be provided for every 18.58 m (200 sq. ft.) of floor space of the
accessory building used for the home business.
13.5.10 HR-10 Zone (Linda Elizabeth Beatty, Ward of Bloomfield)
i.
ii.
iii.
iv.
Minimum Lot Area
0.37 ha (0.93 ac)
43.5 m (143 ft.)
Minimum setback of any dwelling from the drainage ditch on the lands
zoned HR-10 shall be 15 m (49.2 ft.).
Any development on the lands zoned HR-10 will be required to be
connected to the municipal water supply.
13.5.11 HR-11 Zone (Ward of Bloomfield)
i.
Permitted Uses
1.
a duplex dwelling existing on the date of passing of this by-law
October 23, 2006
214
2.
ii.
a semi-detached dwelling existing on the date of passing of this
by-law
3.
group home
2
1.
2.
3.
4.
5.
6.
7.
Minimum Lot Area
Minimum Front Yard
Minimum Side Yard
Minimum Rear Yard
Maximum Height
2787 m (30,000 sq. ft.)
50 m (165 ft.)
20%
15.25 m (50 ft.)
4.5 m (15 ft.)
6.0 m (20 ft.)
9.1 m (30 ft.)
8.
Minimum Floor Area per dwelling unit 83.6 m (900 sq. ft.)
2
i.
ii.
iii.
A duplex dwelling shall also be a permitted use
44 m (144 ft.)
Minimum front yard
3.2 m (10.4 ft.)
13.5.13 HR-13 Zone (Part of Lots 1 & 2 Concession Lakeside West Cape
Vesey, Ward of North Marysburgh) (Part of Lot 1, Concession
Lakeside North of Smith’s Bay, Ward of North Marysburgh)
i.
ii.
Minimum lot area
1.2 ha (2.9 ac.)
100 m (328 ft.)
13.5.14 HR-14 Zone (Snider, Part of Lot 1, Concession Lakeside North of
Smith’s Bay, Ward of North Marysburgh)
i.
No development shall be permitted within 15 m (49.2 ft.) of the top of
any escarpment zoned Environmental Protection (EP) Zone.
13.5.15 HR-15 Zone (Part of Lot 2, Concession Lakeside West of Cape
October 23, 2006
i.
ii.
Minimum lot area
215
0.5 ha (1.23 ac.)
30.0 m (98.4 ft.)
13.5.16 HR-16 Zone (Part Lot 4, South of Main Street, Registered Plan No.
1, Milford, Ward of South Marysburgh)
i.
ii.
iii.
iv.
v.
vi.
Minimum
Minimum
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
front yard
exterior side yard
interior side yard
rear yard
2
1326 m (14,273 sq. ft.)
30 m (100 ft.)
0.3 m (0.98 ft.)
0 m (0 ft.)
19 m (62 .3 ft.)
44 m (144.3 ft.)
13.5.17 HR-17 Zone (Ward of South Marysburgh)
i.
ii.
iii.
vi.
v.
Minimum lot area
0.7 ha (1.8 ac.)
Minimum front yard
13.7 m (45 ft.)
6.0 m (20 ft.)
Minimum setback from the crest of the bluff along Mill Pond 15.2 m
(50 ft.)
The barn as existing on the date of passing of this by-law may be used
for the storage of dry goods or for a home business, in accordance
with the appropriate provisions of this By-law. The use of the barn for
the raising of livestock or dairying is prohibited.
13.5.18 HR-18 Zone (Part of Lot 25, Concession 1, North of Black River,
i.
ii.
iii.
2
Minimum lot area
1,010 m (10,900 sq. ft.)
32.0 m (105 ft.)
The shed existing at the date of passing of this By-law and any future
additions and/or improvements thereto, is a permitted use provided
that the existing interior side yard from the west lot line is not further
reduced.
October 23, 2006
216
13.5.19 HR-19 Zone (Part of Lot 3, Concession 1, SSEL, Ward of Athol)
i.
ii.
iii.
Minimum lot area
0.11 ha (0.29 ac.)
22.0 m (72.1 ft.)
2.5 m (8.2 ft.)
13.5.20 HR-20 Zone (Part of Lot 3, Concession 1, SSEL, Ward of Athol)
i.
ii.
Minimum lot area
Minimum rear yard
0.11 ha (0.29 ac.)
5.5 m (18.0 ft.)
13.5.21 HR-21 Zone (Carriage House, Ward of Athol)
i.
ii.
Permitted Residential Uses
1.
A retirement home
2.
An accessory dwelling unit
Provisions for permitted uses
1.
Maximum number of rooms for retirement home residents: 20
2.
Retirement home residents shall not be persons requiring
medical care, nursing care, special care or assistance of any
kind.
3.
Minimum lot area
2 ha (4.9 ac.)
13.5.22 HR-22 Zone (Ward of Hillier)
i.
ii.
A contractor’s yard or shop is also a permitted use.
Minimum lot area
0.12 ha (0.29 ac.)
13.5.23 HR-23 Zone (Ward of Hillier)
i.
ii.
iii.
Minimum lot area
0.13 ha (0.32 ac.)
21.8 m (71.6 ft.)
1.28 m (4.2 ft.)
October 23, 2006
iv.
Minimum front yard
217
3.66 m (12 ft.)
13.5.24 HR-24 Zone (Part of Lot 23, Registered Plan 3, Ward of
Sophiasburgh)
i.
ii.
iii.
iv.
v.
vi.
vii.
A residential dwelling with a maximum of four (4) units shall be
permitted.
Minimum lot area
0.10 ha (0.24 ac.)
18.0 m (59.0 ft.)
Minimum front yard
0 m (0 ft.)
2.25 m (7.38 ft.)
Minimum rear yard
1.37 m (4.49 ft.)
The minimum side yard along the north-easterly limit of the property
for a distance of 10.0 m (32.8 ft.) south-easterly along the said northeasterly limit from the south-easterly limit of Broadway Avenue shall
be 0 m (0 ft.).
13.5.25 HR-25 Zone (Lot 24, Registered Plan 3, Ward of Sophiasburgh)
i.
ii.
Minimum lot area
0.10 ha (0.24 ac.)
21.5 m (70.5 ft.)
13.5.26 HR-26 Zone (Part of Lot 37, Concession 1, West Green Point, Ward
of Sophiasburgh)
i.
ii.
The sale and servicing of lawnmowers in an accessory building shall be
permitted as a home business.
Minimum lot area
0.22 ha (0.54 ac.)
13.5.27 HR-27 Zone (Lot A & Part Lots B & 3, Plan 1 and Pt. Lots 25 & 26,
Concession 1, West Green Point, Ward of Sophiasburgh)
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
2
lot area
492.0 m (5300 sq. ft.)
lot frontage
17.0 m (55.7 ft.)
front yard, existing dwelling
2.13 m (7.0 ft.)
interior east side yard, existing dwelling 0.76 m (2.5 ft.)
October 23, 2006
v.
218
Minimum interior west side yard, existing garage
0 m (0 ft.)
13.5.28 HR-28 Zone (Part of Lots B & 3, R. Plan 1, Northport, and Part of
Lots 25 & 26, Concession 1, West Green Point, Ward of
Sophiasburgh)
i.
ii.
2
Minimum lot area
464.5 m (5000 sq. ft.)
Minimum interior east side yard, existing shed
0.15 m (.49 ft.)
13.5.29 HR-29 Zone (Lot 1, Plan 2, Rednersville, Ward of Ameliasburgh)
i.
ii.
iii.
iv.
2
Minimum lot area
785 m (8450 sq. ft.)
Minimum front yard setback from the centre line of County Road No. 3
shall be 17.67 m (57.9 ft.)
Minimum front yard setback from the centre line of East Street shall be
10.36 m (33.9 ft.)
Maximum lot coverage, all buildings and structures shall be 17.81 %
13.5.30 HR-30 Zone (Part of Lot 62, Concession 1, Ward of Ameliasburgh)
(Part of Lots 37, 38, 39, 40 & 41, Registered Plan No. 2, Consecon,
i.
Minimum lot area
2
1,000 m (10,764 sq. ft.)
13.5.31 HR-31 Zone (Part of Lot 62, Plan No. 3, Rossmore, Ward of
Ameliasburgh)
i.
ii.
The only permitted residential uses shall be:
1.
townhouse dwelling
2.
home business
3.
permitted uses
Regulations for permitted uses
1.
Maximum number of residential dwelling units
23
2.
2
1070 m (11,517 sq. ft.)
October 23, 2006
3.
4.
Minimum residential gross floor area
Maximum height of buildings
219
2
93.0 m (1,001 sq. ft.)
10.6 m (34.77 ft.)
13.5.32 HR-32 Zone (Part of Lot 19, Registered Plan No. 3, Rossmore,
i.
ii.
iii.
2
Minimum lot area
1260 m (13,562 sq. ft.)
27.4 m (89.8 ft.)
Minimum setback from high water mark shall be
18.2 m (59.7 ft.)
Ward of Ameliasburgh) (Part of Lot 82, Concession 3, Ward of
Ameliasburgh)
i.
ii.
Minimum lot area
2
1120 m (12,055 sq. ft.)
24.6 m (80.7 ft.)
i.
ii.
iii.
Minimum lot area
Minimum front yard
Minimum side yard
2
816 m (8,783 sq. ft.)
11.8 m (38.7 ft.)
1.1 m (3.6 ft.)
i.
ii.
2
Minimum lot area
1100 m (11,840 sq. ft.)
A maximum of 35 % of the gross floor area of the dwelling may be
used for the purposes of a home business.
October 23, 2006
220
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
front yard
interior side yard
2
585 m (6,297 sq. ft.)
16.8 m (55.1 ft.)
11.8 m (38.7 ft.)
1.1 m (3.6 ft.)
13.5.37 HR-37 Zone (Part of Lot 75, Concession 1, Ward of
Ameliasburgh)
i.
The permitted uses shall include a dwelling containing a maximum of
two dwelling units.
ii.
Minimum lot area
2
3500 m (37,675 sq. ft.)
13.5.38 HR-38 Zone (Rutt, Lot 6, Plan 120, Part Lot 10, Concession South
East Carrying Place, Ward of Ameliasburgh) (Amending By-law No.
2278-2008)
i.
ii.
iii.
iv.
v.
vi.
Permitted uses shall be limited to the following:
i.
Two (2) apartment dwellings, each containing a maximum of
four (4) dwelling units serviced by a piped municipal water
supply and private sanitary sewage disposal system;
ii.
One (1) semi-detached dwelling, containing a maximum of two
(2) dwelling units serviced by a piped municipal water supply
and private sanitary sewage disposal system;
iii.
One (1) single detached dwelling serviced by a piped municipal
water supply and private sanitary sewage disposal system;
iv.
Accessory buildings or structures;
v.
A home business.
Minimum Lot Area
0.81 ha. (2.0 ac)
65.0 m (213.25 ft)
15%
Minimum Yard Requirements
(i)
Front
12.19 m (40.0 ft)
(ii)
Interior Side
7.62 m (25.0 ft)
(iii)
Rear
12.19 m (40.0 ft)
Minimum Gross Floor Area for each Dwelling Unit42.0 m2 (452.10 ft2)
October 23, 2006
vii.
viii.
ix.
221
12.0 m (39.37 ft)
A minimum 1.5 m (4.92 ft) wide planting strip containing a row of
trees or a continuous hedgerow of evergreens or shrubs, not less than
1.5 m high at planting, shall be provided and maintained adjacent to
the length of the westerly lot line and adjacent to the southerly 40 m
(131.23 ft) of the easterly lot line, except as required to maintain
visibility for safe access to the street.
lands zoned HR-38.
All other provisions of the HR Zone and the Special HR-38 Zone and By-law
No. 1816-2006, as amended, shall apply to the lands zoned HR-38.
13.5.39 HR-39 Zone (Part Lots 61 & 62, Concession 1, Ward of
Ameliasburgh)
i.
ii.
Lands on the same lot within the OS Zone may be included in the
calculation of lot area.
In determining the minimum yard requirements, the minimum
horizontal distance (building setback) shall be taken from the
boundary of the OS Zone, not from the respective lot lines.
i.
ii.
Minimum lot area
0.16 ha (0.4 ac.)
28.9 m (95 ft.)
i.
ii.
Minimum lot area
0.04 ha (0.12 ac.)
4.5 m (15 ft.)
October 23, 2006
222
13.5.42 HR-42 Zone (Elder Care, 317 Main Street, Ward of Bloomfield)
i.
A retirement home shall also be a permitted use.
13.5.43 HR-43 Zone (168 & 170 Main Street, Ward of Wellington)
i.
The two single detached dwellings as existed on the date of passing of
this by-law shall be a permitted use.
13.5.44 HR-44 Zone (Mary Taylor) (Pt. of Lot 24, Concession 1, West Green
Point, Ward of Sophiasburgh) (Amending By-law No. 2774-2011)
i.
The two dwelling units as existing on the date of passing of this by-law
and any additions thereto shall be permitted.
All other provisions of the HR Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned HR-44.
Ameliasburgh)
Notwithstanding the provisions of this by-law to the contrary, within the HR45 zone, the following provisions shall apply:
i.
ii.
iii.
Minimum lot area
0.8 ha (2 ac)
Minimum setback from the boundary of the provincially significant
wetland, as represented by the EP-W zone boundary, shall be 40 m
(131 ft.).
No building or structure of any kind, including a septic system or an
accessory building, shall be permitted within 40 m (131 ft.) of the
adjacent provincially significant wetland as represented by the EP-W
zone.
Ameliasburgh)
October 23, 2006
i.
ii.
iii.
223
Minimum lot area
3.2 ha (8 ac)
Minimum setback from the boundary of the adjacent provincially
significant wetland, as indicated by the boundary of the EP-W zone,
shall be 40 m (131 ft.).
No building or structure of any kind, including a septic system or an
accessory building, shall be permitted within 40 m (131 ft.) of the
boundary of the adjacent provincially significant wetland, as
represented by the EP-W zone boundary.
13.5.47 HR-47 Zone (Lots 18, 19, 20, 21, 22, 23, 24, 25, 30, 31, 32, 33, 34
and Part of Lots 11, 12, 13, 15, 16, 17, and 26 and Clark Reserve
and Part of Shore Street, Plan 2, Village of Consecon, Ward of
Ameliasburgh)
i.
10.6 m (35 ft.)
13.5.48 HR-48 Zone (Estate of Lorne Peever, Part Lot 179, Plan 2, Ward of
Bloomfield) (Amending By-law No. 2920-2011)
contrary, on the lands zoned HR-48, the following special provisons shall
apply:
i.
ii.
Lot Area (Minimum)
0.15 ha (0.37 ac.)
15 m (49.2 ft)
All other provisions of the HR Zone and By-law No. 1816-2006 as amended
Shll apply to the lands zoned HR-48.
13.5.49 HR-49 Zone (Lot 2, Concession Lakeside West Cape Vesey, Ward of
North Marysburgh)
Notwithstanding any provisions of this by-law to the contrary, in the HR-49
i.
ii.
Minimum lot area
0.15 ha (16,700 sq. ft.)
40 m (131.2 ft.)
13.5.50 HR-50 Zone (Lot 2, Concession Lakeside West Cape Vesey, Ward of
North Marysburgh)
i.
Minimum lot area
0.28 ha (30,500 sq. ft.)
October 23, 2006
224
13.5.51HR-51 Zone (Lot 2, Concession 1 Lakeside West Cape Vesey, Ward
Notwithstanding any provisions of this by-law to the contrary, within the HR51 zone, the following provisions shall apply:
i.
The front yard of the garage existing as of the date of passing of this
by-law shall also be the minimum front yard for any additions to that
garage.
13.5.52 HR-52 Zone (Estate of Lorne Peever, Part Lots 179 and 111, Plan 2,
Ward of Bloomfield) (Amending By-law No. 2920-2011)
Notwithstanding any provision of the By-law No. 1816-2006 as amended to
the contrary, on the lands zoned HR-52 the following special provision shall
apply:
i.
1.8 m (6ft)
All other provisions of the HR Zone and By-law No. 1816-2006 as amended
13.5.53 HR-53 Zone (Peter C. Wheeler, Lot 27, Concession 1 North Black
River, Ward of South Marysburgh)
Notwithstanding the provisions of this by-law to the contrary, within the HR53 lot the following provisions shall apply:
i.
ii.
iii.
Minimum rear yard
Minimum lot area
15.24 m (50 ft.)
0.6 ha (1.5 ac)
103 m (340 ft.
13.5.54 HR-54 Zone (Spice, Lots 2 & 3, Plan 1, Ward of South
Marysburgh)
i.
ii.
iii.
A home antique business may be run out of a detached garage with a
gross floor area not exceeding 176.5 sq m (1,900 sq. ft).
A minimum of three (3) on-site parking spaces will be provided.
A loading space will not be required.
13.5.55 HR-55 Zone (Smith Bay Avenue, Ward of North Marysburgh)
October 23, 2006
i.
Minimum rear yard setback
225
30 m (100 ft)
13.5.56 HR-56 Zone (McCreary, Lot 75, Concession 1, Ward of
Ameliasburgh)
i.
A residential dwelling with two (2) dwelling units shall be a permitted
use. Units in a hotel, motel, boarding, rooming house or travel trailer
are not a permitted use.
13.5.57 HR-57 Zone (Richard & Lisa Jones, Lots 139, 140, 141 & 157, Plan
3, Ward of Sophiasburgh)
i.
30 m (98.4 ft.)
13.5.58 HR-58 Zone (Lots 139, 140, 141 & 157, Plan 3, Ward of
Sophiasburgh)
i.
30 m (98.4 ft.)
13.5.59 HR-59 Zone (Mattis, Part Lots 49 & 50, Plan 2, Ward of
Ameliasburgh)
i.
ii.
Minimum interior side yard for accessory building 0.42 m (1.4 ft)
The single detached residential dwelling shall be serviced by a piped
municipal water supply.
13.5.60 HR-60 Zone (Mattis, Part Lots 49 & 50, Plan 2, Ward of
Ameliasburgh)
i.
ii.
Minimum interior side yard for main building 2.4 m (8 ft)
Minimum interior side yard for accessory building 1 M (3.5 ft)
October 23, 2006
iii.
226
The single detached residential dwelling shall be serviced by a piped
municipal water supply.
13.5.61 HR-61 Zone (Corfield & Price, Part Lot 79, Concession 3, Ward
of Ameliasburgh)
i.
ii.
iii.
A home business use consisting of a wood furnace supply business
defined as the storage of wood furnaces and uses ancillary and directly
related to the wood furnace business is permitted, provided that there
are no manufacturing or sales operations conducted on the property,
on outside storage or external advertising.
The home business wood furnace supply business is permitted only
within an accessory storage building and accessory workshop located
on the property.
The total lot coverage of all accessory buildings or structures in the
HR-61 Zone shall not exceed 26% of the lot area, excluding the lot
coverage of the primary permitted residential use.
13.5.62 HR-62 Zone (Mayer, Part Lots 93, 94 & 97, Plan 3, Ward of
Ameliasburgh)
i.
Minimum dwelling unit area
51.1 sq m (550 sq. ft.)
13.5.63 HR-63 Zone (Mayer, Part Lots 93, 94 & 97, Plan 3, Ward of
Ameliasburgh)
i.
88.3 sq m (950 sq. ft.)
13.5.64 HR-64 Zone (Harrison, Ward of North Marysburgh)
i.
A workshop existing as of the date of the passing of this by-law is a
permitted use. No further expansion of the existing workshop shall be
permitted.
October 23, 2006
227
13.5.65 HR-65 Zone (Campbell, Ward of Bloomfield)
i.
The sale of crafts, notions, ornaments and other items, mainly
associated with Christmas, which are not manufactured on the
premises, shall be permitted within the existing residential dwelling.
13.5.66 HR-66 Zone (Bannister, Lot 133, Plan 2, Ward of Bloomfield)
i.
ii.
Minimum western Interior Side Yard
0 m (0 ft)
30%
13.5.67 HR-67 Zone (Sarah Redka & Lidia Redka, Part of Lot 62, Concession
contrary, on the lands zoned HR-67 the following special provisions shall
apply:
i.
Minimum Lot Area
0.16 hA (0.4 ac)
13.5.68 HR-68 Zone (Cindy and Eugene Edwards, 35 Stapleton Road, Part
of Lot 22, Concession 3, Ward of Hillier) (Amending By-law No.
2084-2007)
apply:
i.
ii.
Minimum Lot Area
0.32 ha (0.8 ac)
36.6 m (120 ft)
13.5.69 HR-69 Zone (Richard Kozmanuk, Part Lot 25, Concession 1 South
of Black River, Ward of South Marysburgh) (Amending By-law No.
2157-2008)
October 23, 2006
228
contrary, on the lands zoned HR-69, the following provisions shall apply:
i.
ii.
iii.
iv.
Minimum Lot Area
1.7 ha (4.2 ac)
10 m (33 ft)
For the lands zoned HR-69 the Minimum Lot Area requirement shall
apply to the entire area of the property zoned the HR-69, EP-W and EP
Zone
Minimum Interior Side Yard from northerly
property line
30.48 (100 ft)
13.5.70 HR-70 Zone (Richard Kozmanuk, Part Lot 25, Concession 1 South
of Black River, Ward of South Marysburgh) (Amending By-law No.
2157-2008)
contrary, on the lands zoned HR-70, the following provisions shall apply:
i.
ii.
iii.
iv.
Minimum Lot Area
2.1 ha (5.2 ac)
242 m (794 ft)
For the lands zoned HR-70 the Minimum Lot Area and Minimum Lot
Frontage requirements shall apply to the entire area and frontage of
the property zoned the
HR-70, EP-W and EP Zone.
Minimum Interior Side Yard from northerly 21.3 m (70 ft)
property line
All other provisions of the HR Zone and By-law No. 1816-2006, as amended
13.5.71 HR-71 Zone (Dennis Westlake & Victoria Goodwin, Part Lot 9,
Concession South East of Carrying Place, Ward of Ameliasburgh)
contrary, on the lands zoned HR-71, the following special provisions shall
apply:
i.
ii.
Minimum Lot Area
3116.1 sq. m (33,541.2 sq. ft)
38 m (124.7 ft)
October 23, 2006
229
13.5.72 HR-72 Zone (Gary Rutt, Part of Lots 10, 11, 12 & 13, Concession
South East of Carrying Place, Ward of Ameliasburgh) (Amending
By-law No. 2386-2009)
apply:
i.
Lot Area (Minimum)
0.2 ha (0.5 ac)
All other provisions of the HR Zone and By-law No 1816-2006, as amended,
THAT no development on lands zoned HR-H, HR-72-H or HR-73-H shall take
place until such time as the “Holding” (-H) symbol has been removed by
amendment to this By-law in accordance with the provisions of Section 36 of
the Planning Act, R.S.O. 1990. Until such time as the “Holding” (-H) symbol
has been removed, the only uses, buildings or structures permitted on the
lands zoned HR-H, HR-72-H and HR-73-H shall be the uses existing on the
date of passing of this By-law.
THAT a by-law to remove the “Holding” (-H) symbol shall be considered by
Council only in accordance with the provisions of the executed subdivision
agreement between the County and the Owner addressing, among other
things, site services, access, parkland dedication, lot grading and drainage
and financial requirements of the Municipality and the final plan has been
approved by the County and registered on title to the lands.
THAT upon removal of the “Holding” (-H) symbol suffixed to the HR-H, HR72-H and HR-73-H Zone categories, the uses and zone provisions of the HR
Zone, Special HR-72 Zone and the Special HR-73 Zone shall apply to the
lands so zoned.
13.5.73 HR-73 Zone (Gary Rutt, Part of Lots 10, 11, 12 & 13, Concession
South East of Carrying Place, Ward of Ameliasburgh) (Amending
By-law No. 2386-2009)
apply:
i.
ii.
In addition to the uses normally permitted in the HR Zone the
one (1) semi-detached dwelling, containing a maximum of two
(2) single-bedroom dwelling units serviced by a piped water
supply and private sanitary sewage disposal system.
Lot area (Minimum)
0.25 ha (0.6 ac)
October 23, 2006
230
All other provisions of the HR Zone and By-law 1816-2006, as amended shall
apply to the lands zoned HR-73.
THAT no development on lands zoned HR-H, HR-72-H or HR-73-H shall take
place until such time as the “Holding” (-H) symbol has been removed by
the Planning Act, R.S.O. 1990. Until such time as the “Holding” (-H) symbol has
been removed, the only uses, buildings or structures permitted on the lands
zoned HR-H, HR-72-H and HR-73-H shall be the uses existing on the date of
THAT upon removal of the “Holding” (-H) symbol suffixed to the HR-H, HR72-H and HR-73-H Zone categories, the uses and zone provisions of the HR
Zone, Special HR-72 Zone and the Special HR-73 Zone shall apply to the
lands so zoned.
13-5-74 HR-74 Zone (Bernardus Prinzen, Part of Lot 11, Concession 2
Military Tract, Part of Lots 124 and 125, Part of Mill Pond, South of
Lot 120, Plan 2 Ward of Bloomfield) (Amending By-law No. 23852009)
apply:
i.
ii.
Rear Yard (Minimum)
75.43 ft (23 m)
49.2 ft (15 m)
THAT no development on lands zoned HR-74-H or CH-52-H shall take place
until such time as the “Holding” (-H) symbol has been removed by
the Planning Act, R.S.O. 1990. Until such time as the “Holding” (-H) has
been removed, the only uses, buildings or structures permitted on the lands
zoned HR-74-H and CH-52-H shall be the uses existing on the date of
October 23, 2006
231
THAT in addition to the above, a by-law shall not be enacted to delete the ‘H’
symbol on part(s) or all of the lands zoned CH-52-H until the completion of
the appropriate site plan approval, including the execution and registration
on title to the lands of a Site Plan Agreement if required by the Municipality.
THAT upon removal of the “Holding” (-H) symbol suffixed to the HR-74-H
and CH-52-H Zone categories, the uses and zone provisions of the Special
HR-74 Zone and the Special CH-52 Zone shall apply to the lands so zoned.
13-5-75 HR-75 Zone (Ronald Binch, Part of Lots 11 & 12, Concession 2
Military Tract, Ward of Hallowell) (Amending By-law No. 27472010)
contrary, on the lands zoned HR-75 the following special provision shall
apply:
i.
In addition to the uses permitted in the RH Zone one (1) garden and
nursery sales and supply establishment shall also be a permitted use.
13-5-76 HR-76 Zone (Walter Scuccato, Part of Lot 10, Concession South
East of Carrying Place, Ward of Ameliasburgh) (Amending Bylaw No. 2751-2010)
contrary, on the lands zoned RH-76 the following special provision shall
apply:
i.
In addition to the uses normally permitted in the HR Zone one (1)
semi-detached dwelling with a maximum of two (2) dwelling units shall
also be a permitted use.
13.5.77 HR-77 Zone (Mary Taylor) (Part Lot 24, Concession 1 West Green
Point, Sophiasburgh Ward)
October 23, 2006
232
apply:
i.
The existing accommodation in the boat house is a permitted use in
addition to those uses typically permitted in the zone.
13.5.78 HR-78 Zone (Daniel & Shannon Bisnaire) (Lot 59, Plan 2, 6 Mill
Street, Bloomfield Ward) (Amending By-law No. 2987-2011)
apply:
i.
Lot Area (Minimum)
2 ac (0.08 ha)
13.5.79 HR-79 Zone (Lloyd & Madeline Weagant)(Part of Lot 61,
Concession 1, 593 County Rd 28, Ward of Ameliasburgh)(Amending
By-law No. 3235-2013)
contrary, on the lands zoned the HR-79 Zone the following provision shall
apply:
i.
For the purpose of this By-law the lands zoned the Special Hamlet
Residential (HR-79) Zone and the Special Rural Industrial Holding (MR21-H) Zone totaling approximately 1.78 ha (4.4 ac) of land are
considered one lot.
13.5.80 HR-80 Zone (Brauer Homes)(Part Lot 36, Plan 3, 48 Reddick St,
Ward of Ameliasburgh)( Amending By-law No. 3112-2012)
apply:
i.
Lot Area (Minimum)
0.08 ha (0.2 ac)
October 23, 2006
233
ii.
15 m (49.2 ft)
iii.
1.6 m (5.2 ft)
iv.
Rear Yard (Minimum)
6.5 m (21 ft)
All other provisions of the HR Zone and By-law No. 1816-2006 as amended,
13.5.81 HR-81 Zone (Hastings and Prince Edward School Board)(Part Lot
26 & 27, Concession 1 NBR, Ward of South Marysburgh)(Amending
By-law No. 3252-2013)
apply:
i.
Minimum Lot Area
6.5 ac
ii.
One Outdoor furnace in accordance with the provisions of Section 4.32
of this By-law is permitted.
October 23, 2006
SECTION 14
234
LIMITED SERVICE RESIDENTIAL (LSR) ZONE
No person shall within any Limited Service Residential (LSR) Zone use any land or
provisions:
In a Limited Service Residential Zone there is no commitment or requirement by
the County to assume responsibility for ownership or maintenance of any private
road, right-of-way or lane or to provide any service such as garbage and recycle
pickup. Emergency vehicle access may also be restricted in a Limited Service
Residential Zone. The intent of the Limited Service Residential Zone is to recognize
existing and infill residential development on private roads.
14.1.1
14.1.2
home business
14.1.3
uses, buildings and structures accessory to the foregoing permitted uses
14.2.1
public uses or utilities in accordance with the provisions of Section 4.23
of this By-law;
14.3.1
Minimum Lot Area
4,000 m2 (43,057.1 sq. ft.)
14.3.2
45 m (147.6 ft.)
14.3.3
Minimum Front Yard
7.5 m (25 ft.)
14.3.4
7.5 m (25 ft.)
14.3.5
3 m (10 ft.)
14.3.6
Minimum Rear Yard
10 m (33 ft.)
14.3.7
Maximum Lot Coverage (all buildings and structures) 15 %
14.3.8
30 %
14.3.9
10 m (33 ft.)
October 23, 2006
235
14.3.10
14.3.11
Minimum Dwelling Unit Area
1
2
75 m (800 sq. ft.)
PROVISIONS
of any land, building or structure permitted within the Limited Service
Residential (LSR) Zone and any special zone thereunder, shall apply and be
complied with.
14.5 SPECIAL LIMITED SERVICE RESIDENTIAL (LSR) ZONES
14.5.1 LSR-1 Zone (Nutty Lane, Part of Lot 2, Concession Lakeside North
of Smith’s Bay, Ward of North Marysburgh)
LSR-1 Zone, the following provisions shall apply:
i.
ii.
Permitted Uses
1.
Buildings and structures existing on the date of passing of this
by-law
2.
3.
Accessory buildings and structures
1.
2.
3.
4.
5.
6.
2
Minimum lot area
687.9 m (0.17 ac.)
Minimum lot frontage along a private
right-of-way
27.4 m (90 ft.)
Minimum front yard
4.57 m (15 ft.)
Minimum side yard
3.04 m (10 ft.)
Minimum setback for buildings or structures
from top of slope
6.09 m (20 ft.)
Access to the lots may be provided by means of a private rightof-way from County Road No. 13.
14.5.2 LSR-2 Zone (Part of Lot 2, Concession I, South of Bay of Quinte,
Ward of North Marysburgh) (Part of Lots 29, Concession Bayside,
Ward of North Marysburgh) (Ward of Hillier)
October 23, 2006
i.
ii.
Minimum lot area
236
0.3 ha (0.74 ac.)
2.4 m (7.87 ft.)
14.5.3 LSR-3 Zone (Part of Lots 19, Concession Lakeside, West Cape Vesey,
i.
Minimum lot area
1.1 ha (2.7 ac.)
14.5.4 LSR-4 Zone (Part of Lots 51 and 52, Concession Bayside, Ward
i.
ii.
iii.
iv.
v.
The minimum setback from toe of escarpment for all buildings and
structures shall be 15 m (49.2 ft).
The minimum setback from Ross Eaton Lane for all buildings and
structures shall be 15 m (49.2 ft).
Lot frontage shall mean the horizontal distance between the side lot
lines measured perpendicularly along to the north boundary of Hicks
Lane, the right-of-way that services these lands.
Vehicular access shall be from Hicks Lane only and not from Ross
Eaton Lane.
Accessory buildings shall be permitted between the main building and
the toe of escarpment, provided they meet all other setback provisions
of the LSR-8 Zone and this By-law and they are not located on Hicks
Lane.
14.5.5 LSR-5 Zone (Part of Lot 11, Concession I, North Black River, Ward
i.
ii.
Minimum setback for all principle or accessory buildings and
structures from the high water mark of Black River
22.8 m (75 ft.)
Minimum Setback for all principle or accessory buildings
and structures from the northern and eastern lot lines 6.0 m (20 ft.)
14.5.6 LSR-6 Zone (Part of Lot 12, Concession I, North Black River, Ward
October 23, 2006
i.
ii.
v.
iv.
vi.
237
Two single detached dwellings are a permitted use on the lot.
Minimum lot area
0.8 ha (2.0 ac.)
Minimum Front Yard Depth for northerly dwelling
existing on the date of passing of this by-law 10.67 m (35 ft.)
Minimum Side Yard Width for southerly dwelling
existing on the date of passing of this by-law shall be 2.4 m (7.9 ft.)
Minimum Side Yard Width from westerly lot line for
the accessory building existing on the date of passing
of this by-law shall be
0.5 m (1.6 ft)
14.5.7 LSR-7 Zone (Ward of South Marysburgh)
i.
ii.
15.0 m (49.2 ft.)
No building or structure shall be erected or used closer than 6 m (19.6
ft.) above the 76.9 m (252.29 ft.) contour or 30 m (98.4 ft.) above the
76.5 m (250.98 ft.) contour, whichever is the farther from the high
water mark as shown on the draft plan of subdivision bearing Ministry
of Housing File Number 13T-78022 and dated January 11, 1978.
14.5.8 LSR-8 Zone (Part Lot 4, Concession Round Prince Edward Bay,
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage on right-of-way
exterior side yard
interior side yard
0.27 ha (0.6 ac.)
32.9 m (108 ft.)
3.0 m (10 ft.)
3.0 m (10 ft.)
14.5.9 LSR-9 Zone (Ward of Hillier & Ward of Athol)
i. Minimum lot area
ii. Minimum lot frontage
0.12 ha (0.3 ac.)
30.0 m (98.4 ft.)
14.5.10 LSR-10 Zone (Part Lot 8, Concession Round Prince Edward Bay,
i.
Minimum lot area
0.06 ha (0.17 ac.)
October 23, 2006
ii.
iii.
Minimum lot frontage on right-of-way
Minimum shoreline frontage
238
4.35 m (14.3 ft.)
24.0 m (79 ft.)
14.5.11 LSR-11 Zone (Part of Lots 23 and 24, Concession Round Prince
(Part of Lot 1, Concession North Black River, Ward of South
Marysburgh)
i.
Minimum lot area
2.0 (4.9 ac.)
14.5.12 LSR-12 Zone (Part of Lot 1, Concession 1, North Black River, Ward
of South Marysburgh) (Part of Lot 55, Concession 2, Broken Front,
i.
ii.
Minimum lot area
0.16 ha (0.4 ac.)
21.5 m (72 ft.)
14.5.13 LSR-13 Zone (Ward of Athol)
(Part of Lot 49, Concession Big Island, Ward of Sophiasburgh)
(Part of Lot 25, Concession 1, West Green Point, Ward of
Sophiasburgh) (Part of Lot 71, Concession 4, Ward of
Ameliasburgh) (Part of Lots 114 & 115, Concession 2, Ward of
Ameliasburgh)
i.
Minimum lot area
0.23 ha (0.56 ac.)
14.5.14 LSR-14 Zone (Ward of Athol)
i.
ii.
iii.
Minimum lot area
Minimum front yard
0.06 ha (0.16 ac.)
22 m (72.1 ft.)
6.0 m (19.6 ft.)
October 23, 2006
239
14.5.15 LSR-15 Zone (Part Lot 2, Gore H, Ward of Hallowell)
i.
ii.
iii.
iv.
v.
vi.
Minimum lot area
0.16 ha (0.4 ac.)
44.1 m (145 ft.)
Minimum front yard
4.5 m (15 ft.)
Minimum interior side yard, along western lot line 1.82 m (6 ft.)
Minimum interior side yard for accessory building along western lot
line existing on the date of passing of this by-law shall be 0.3 m (1 ft.)
Minimum setback from the high water mark of Lake Ontario 16.76 m
(55 ft.)
14.5.16 LSR-16 Zone (Part of Lot 11, Stinson Block, Ward of Hillier)
Law 522-2000)
(By-
i.
ii.
Minimum lot area
0.12 ha (0.3 ac.)
4.5 m (15 ft.)
14.5.17 LSR-17 Zone (Part of Lot 23, Concession 4, Ward of Athol)
(Part of Lot 6, Concession 1, North West West Lake, Ward of
Hallowell) (Part of Lot 79, Concession 3, Lot 16, Plan No. 20, Ward
of Ameliasburgh)
i.
Minimum lot area
0.12 ha (0.3 ac.)
14.5.18 LSR-18 Zone (Part of Lot 56, Concession 2, Broken Front, Ward
of Sophiasburgh)
i.
ii.
iii.
iv.
v.
vi.
vii.
The only permitted use shall be a storage shed or a detached private
garage used in association with a neighbouring residential use. A
dwelling unit is not permitted.
Minimum lot area
0.20 ha (0.49 ac.)
70.0 m (229.6 ft.)
Minimum front yard
7.62 m (25.0 ft.)
Minimum interior side yard, western
4.57 m (14.99 ft.)
Minimum interior side yard, eastern
30.48 m (100.0 ft.)
Minimum rear yard
7.62 m (25.0 ft.)
October 23, 2006
viii.
xiii.
240
4.57 m (14.99 ft.)
Maximum ground floor area, including car parking
areas within the building
2
83.61 m (900 sq. ft.)
14.5.19 LSR-19 Zone (Part of Lot 56, Concession 2, Broken Front, Ward
of Sophiasburgh)
i.
ii.
110.0 m (360.8 ft.)
Minimum setback of any buildings from the toe
of the escarpment
6.1 m (20.0 ft.)
14.5.20 LSR-20 Zone (Part of Lot 1, Concession South East Carrying Place,
i.
ii.
Minimum lot area
0.08 ha (0.19 ac.)
3.9 m (13.0 ft.)
14.5.21 LSR-21 Zone (Part of Lot 82, Concession 3, Ward of
Ameliasburgh)
i.
ii.
Minimum lot area
0.13 ha (0.32 ac.)
11.5 m (37.7 ft.)
14.5.22 LSR-22 Zone (Part of Lot 24, Concession 1, North Black River, Ward
i.
Minimum Lot Area
7.8 ha (19.2 ac.)
14.5.23 LSR-23 Zone (Part of Lot 33, Concession 1, South West Green
i.
9.5 m (31.16 ft.)
October 23, 2006
ii.
241
Lands within the Environmental Protection (EP) Zone on the same lot,
may be included in the calculation of lot frontage.
14.5.24 LSR-24 Zone
Open
14.5.25 LSR-25 Zone (Part of Lots 79 & 80, Concession 3, Ward of
Ameliasburgh)
i.
ii.
Minimum lot area
12.5 ha (30.8 ac.)
Minimum lot frontage on a private right-of-way 230 m (755 ft.)
14.5.26 LSR-26 Zone (Lois Tori, Part Lot A, Concession South Prince
contrary, on the lands zoned the LSR-26 Zone the following provision shall
apply:
i.
ii.
Minimum lot area
(9 m) 30 ft.
1200 sq. m.(12,961 sq ft)
All other provisions of the LSR Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned LSR-26 Zone.
14.5.27 LSR-27 Zone
Open
14.5.28 LSR-28 Zone (Part of Lot 59, Concession 1 Broken Front, Ward of
Sophiasburgh)
i.
ii.
Minimum lot area
0.2 ha (0.5 ac.)
A permit is required from Quinte Conservation prior to the issuance of
a building permit.
14.5.29 LSR-29 Zone (Part of Lot A, Concession 1 South Prince Edward Bay,
October 23, 2006
i.
ii.
242
Minimum lot area
0.28 ha (0.79 ac.)
Minimum lot frontage on private right-of-way 3.0 m (9.8 ft.)
14.5.30 LSR-30 Zone (Lot 53, Concession 1 West Green Point, Ward of
Sophiasburgh)
Notwithstanding the provisions of this by-law to the contrary, in the LSR-30
i.
ii.
iii.
iv.
v.
The only permitted use is the combination single detached dwelling
and boathouse as existing on the date of passing of this by-law.
Access to the lot may be by private right-of-way.
Minimum lot area
0.3 ha
20 m (66 ft.)
The written approval of the Quinte Conservation Authority is required
prior to the issuance of a building permit or a septic permit.
14.5.31 LSR-31 Zone (Bonnie & Mark Kirk and Neil & Nancy Cassidy, Part
Lot 65 & 66 Concession 1, Ward of North Marysburgh) (Amending
By-law No. 1830-2006)
contrary, on the lands zoned LSR-31 the following special provisions shall
apply:
i.
ii.
Minimum lot area
15.24 m (50 ft)
139 sq. m (1,500 sq. ft)
shall apply to the lands zoned LSR-31.
14.5.32 LSR-32 Zone (John Sibthorpe, Part Lot 34, Concession 1 South
contrary, on the lands zoned LSR-32 the following special provision shall
apply:
i.
ii.
Minimum Lot Area
1,500 sq. m. (16,146 sq. ft.)
30.48 m (100 ft.)
14.5.33 LSR-33 Zone (Bill Wilde, Part Lot 28 & Part of Gammon Point
Concession Round Prince Edward Bay, Ward of South Marysburgh)
contrary, on the lands zoned LSR-33, the following provisions shall apply:
October 23, 2006
i.
ii.
Minimum Lot Area
Minimum Lot Frontage on a right-of-way
243
1650 m2 (0.41 ac.)
23 m (75 ft.)
All other provisions of the LSR Zone and By-law No. 1816-2006 shall apply to
the lands zoned LSR-33.
14.5.35 LSR-35 Zone (McFaul, Part of Lot 78, Concession 3, Ward of
i.
Minimum Lot Area
0.14 ha (0.35 ac)
14.5.36 LSR-36 Zone (Carson, Ward of North Marysburgh) (Amending
By-law No. 2007-2007)
contrary, on the lands zoned LSR-36, the following special provisions shall
apply:
i.
ii.
A 30 metre buffer strip shall be required from the high water mark of
Lake Ontario, which will be maintained in a natural state with no
removal or disturbance of soils or vegetation except where specifically
permitted elsewhere in this by-law.
Despite Section 14.5.36i), docks, shore wells, boat houses and marine
facilities shall be permitted where written approval of the Conservation
Authority has been obtained.
14.5.37 LSR-37 Zone (Muschy, Ward of Hallowell) (Amending By-law No.
2026-2007)
apply:
i.
ii.
Minimum Lot Area
0.22 ha. (0.55 ac)
No new buildings shall be constructed closer than 10.97 m (36 ft.) to
the northern interior side lot line of the property.
October 23, 2006
244
14.5.39 LSR-39 Zone (Mountenay, Part Lot 115, Concession 2, Ward of
apply:
i.
ii.
iii.
Minimum Lot Area
2,800 m2 (34,139 ft2)
Minimum Lot Frontage (private right-of-way) 20 ft (6.1 m)
The maximum permitted gross floor area shall be 185.8 sq m (2,000
sq ft).
14.5.40 LSR-40 Zone (Quigg, Lot 37 on Plan 34 & Part of Lots 114, 115,
apply:
i.
ii.
Minimum Lot Area
2,800 m2 (0.7 ac)
Minimum Lot Frontage (private right-of-way) 130 ft (39.6 m)
14.5.41 LSR-41 Zone (Moore, Part Lot 22, Concession 1 South Side East
Lake, Ward of Athol) (Amending By-law No. 2177-2008)
apply:
i.
ii.
Minimum Lot Area
0.3 ha (0.7 ac)
38.1 m (125 ft)
October 23, 2006
245
14.5.42 LSR-42 Zone (Lois Tori, Part of Lot A, Concession 1 South
Prince Edward Bay, Ward of South Marysburgh)
(Amending By-law 2336-2008)
apply:
i.
ii.
Lot Area (Minimum)
0.28 ha (0.7 ac)
3 m (9.8 ft)
14.5.43 LSR-43 Zone (Brian and Jacqueline Yott, Part Lot 82, Concession 3,
Ward of Ameliasburgh) (Dwight McDavitt, Part Lot 82, Concession
apply:
i.
ii.
iii.
iv.
v.
vi.
Percentage of lot coverage for accessory buildings (Maximum) 6.5%
Total maximum square footage of a detached garage shall be 3400
sq. ft (315.9 m sq)
Height of accessory building (Maximum) – 8.2 m (27 ft)
Commercial use of the proposed garage shall be strictly prohibited.
The proposed garage shall be restricted to personal use only.
The minimum setback for a detached accessory building from any lot
line shall be 3 m (10 ft)
The minimum setback for any detached accessory building from a
right-of-way shall be 7.5 m (25 ft).
14.5.44 LSR-44 Zone (Brian and Jacqueline Yott, Part Lot 82, Concession 3,
Ward of Ameliasburgh) (Grant Neilson and Doreen McKay, Part
Lot 82, Concession 3, Ward of Ameliasburgh) (Amending Bylaw No. 2552-2010)
apply:
i.
Height of accessory building (Maximum)
8.2 m (27 ft)
ii.
The minimum setback for a detached accessory building from any lot
line shall be 3 m (10 ft).
iii.
The minimum setback for any detached accessory building from a
October 23, 2006
246
right-of-way shall be 7.5 m (25 ft)
14.5.45 LSR-45 Zone (Joy & Michael Vervoort, Part Lot 56, Concession 2
Broken Front, Sophiasburgh Ward)
i.
Section 4.1.1.2 of the General Provisions (regarding accessory
buildings, structures, and uses shall only be permitted once a building
permit has been issued for buildings or structures for the principle use)
shall not apply to lands zoned LSR-45.
14.5.46 LSR-46 Zone (Andy & Debbie Greig, Pt. Lot 52, Plan 26, Ward of
Hallowell) (Amending By-law No. 2729-2010)
apply:
i)
ii)
Minimum lot area
.2 ha (.5 ac)
30.4 m (100 ft)
14.5.47 LSR-47 Zone (William Musgrove, Lot 4, LRCP No. 27, Part of Lot
6, Concession 1 SSWL, Ward of Hallowell)(Amending By-law
No.2739-2010)
contrary, on the lands zoned LSR-47, the following special provision shall
apply:
i)
6 m (19.7 ft)
ii)
The setbacks of the existing buildings and structures on the lands
zoned LSR-47 and any future additions thereto shall be permitted.
October 23, 2006
247
14.5.48 LSR-48 Zone (Outlet Beach Corp., Part Lot A, Concession Between
East Lake and Lake Ontario, Ward of Athol)(Amending By-law No.
2844-2011)
apply:
i)
A total of 22 single family dwellings or seasonal residences on leased
land, including accessory buildings or structures, shall be the only
permitted uses.
ii)
For the purpose of this section “Lot” shall be the same as Leasehold
Limit
Requirements for each Leasehold Limit (site):
a) Minimum setback from right of way
3 m (9.8 ft)
b) Minimum interior side yard
3 m (9.8 ft)
c) Minimum exterior side yard
3 m (9.8 ft)
d) Minimum setback from north eastern Leasehold Limit 10 m (32.8 ft)
e) Maximum site coverage for all buildings and structures 15%
f) Maximum height of buildings
10 m (32.8 ft)
iii)
The size and dimensions of each Leasehold Limit shall be as shown on
Reference Plans 47R-8361 and 47R-8362, on file and the Land Titles
Office in Picton, Ontario.
iv)
No buildings or structures may be situated between Lake Ontario and
the private right-of-way (Welsh Lane) that crosses each Leasehold
Limit
v)
Prior to the issuance of a building permit for any new development
such as an addition, extension, or enlargement to existing buildings or
structures or a new building or structure proposed for the site, the
lessee of the site shall demonstrate that the proposed development
conforms to this By-law and the Ontario Building Code. This is to be
accomplished by presenting to the County of Prince Edward a
dimensioned plan showing the proposed development, the site
boundaries as described in either Reference Plan 47R-8361 or 47R8362, all existing buildings and structures on the Leasehold Limit, the
location of any well and/or tile bed on the Leasehold Limit as well as
the location of any wells or the bed on abutting Leasehold Limits.
October 23, 2006
248
14.5.49 LSR-49 Zone (Estate of Donald Camp, 36 Hook Lane, Part Lot 5,
Concession 1 South Side West Lake, Ward of Hallowell)(Amending
By-law No. 3015-2012)
apply:
i)
ii)
Lot Area (Minimum)
0.18 ha (0.45 ac)
35 m (114.8 ft)
.14.5.50 LSR-50 Zone (Deborah Joy Budgen, Part Lot 5, Concession
L.W.C.V., Ward of North Marysburgh)(Amending By-law No. 30462012)
apply:
i)
ii)
iii.
iv.
Front Yard Setback (Minimum)
Lot Area (Minimum)
Setback from Right of Way (Minimum)
0 m (0 ft)
0 m (0 ft)
.12 ha (.3 ac)
.6 m (2 ft)
October 23, 2006
SECTION 15
ZONE
249
MOBILE HOME PARK RESIDENTIAL (MHR)
No person shall within any Mobile Home Park Residential (MHR) Zone use any land
or erect, alter or use any building or structure except in accordance with the
following provisions:
15.1.1
a mobile home park existing on the day of passing of this By-law
15.1.2
one single detached dwelling for the mobile home park owner or
operator
15.1.3
home business
15.1.4
buildings and structures accessory to the foregoing permitted uses
15.2.1
15.2 REGULATIONS FOR PERMITTED USES
15.2.1
Requirements for Mobile Home Park
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
15.2.2
1.
2.
3.
Minimum Lot Area
4 ha (9.88 ac.)
100 m (328 .1 ft)
Minimum Front Yard Depth
15 m (49.2 ft)
Minimum Exterior Side Yard Width
15 m (49.2 ft)
Minimum Interior Side Yard Width
10 m (32.8 ft)
Minimum Rear Yard Depth
15 m (49.2 ft)
Maximum Lot Coverage (all buildings and structures,
including mobile homes)
25 %
40 %
Maximum Height
1.
10 m (32.8 ft.)
2.
Other permitted buildings and structures 10 m (32.8 ft.)
2
75 m (807.3 sq. ft.)
Requirements for a Mobile Home Site
Minimum Site Area
Minimum Setback from Internal Roads
2
370 m (3,982.8 sq. ft.)
15 m (49.2 ft)
6 m (19.69 ft)
October 23, 2006
4.
5.
6.
7.
250
Maximum Site Coverage (all buildings and structures)
25 %
40 %
Maximum Mobile Home Height
5 m (16.4 ft.)
Maximum Number of Mobile Home Dwellings Per Site
1
PROVISIONS
of any land, building or structure permitted within the Mobile Home Park
Residential (MHR) Zone and any special zone thereunder, shall apply and be
complied with.
15.4 SPECIAL MOBILE HOME PARK RESIDENTIAL (MHR) ZONES
15.4.1 MHR-1 Zone (Part of Lot 4, Concession North Side East Lake, Ward
of Athol)
MHR-1 Zone, the following provisions shall apply:
i.
ii.
iii.
iv.
v.
vi
Permitted Residential Uses
1.
11 mobile homes
2.
one (1) single detached dwelling
3.
one (1) other existing dwelling
Permitted Non-residential Uses
1.
Accessory uses and structures existing on the date of passing of
this by-law
Minimum lot area
3.2 ha (8.0 ac.)
137 m (450 ft.)
Minimum interior Side Yard
1.
Eastern boundary
5.3 m (17.5 ft.)
2.
Western boundary
3.0 m (9.8 ft.)
2
59.4 m (640 sq. ft.)
15.4.2 MHR-2 Zone (Cedarvale Mobile Home Park, Ward of Picton)
i.
The only permitted use shall be a mobile home park existing on the
date of passing of this by-law.
October 23, 2006
ii.
251
The existing mobile home park shall be serviced with municipal water
and sewer services.
15.4.3 MHR-3 Zone (Wesley Acres Inc. Ward of Hallowell)
i.
ii.
iii.
A maximum of 28 permanent year-round mobile home lots and uses
accessory thereto, including associated laundry facility, water and
sewage servicing facilities and uses normally ancillary thereto, shall be
the only permitted uses on the lands zoned MHR-3.
Requirements for mobile home lots (mobile homes including additions
thereto, and accessory buildings):
a.
Minimum setback from internal roads 3.0 m (10 ft)
b.
Minimum west interior side yard
1.5 m (5 ft)
c.
Minimum east interior side yard
3 m (10 ft)
d.
Minimum rear yard
1.5 m (5 ft)
e.
Maximum lot (site) coverage of all structures 50%
f.
Accessory buildings are allowed in the front yard (road side) of
the mobile home lot.
The requirement of Section 41 of the Planning Act, R.S.O. 1990,
lands zoned MHR-3.
October 23, 2006
SECTION 16
252
RURAL RESIDENTIAL 1 (RR1) ZONE
No person shall within any Rural Residential 1 (RR1) Zone use any land or erect,
provisions:
16.1.2 home business
16.1.5 group home
16.2.1 outdoor furnace in accordance with the provisions of Section 4.32 of this
By-law
16.2.2 maximum of one windmill in accordance with the provisions of Section 4.33
of this By-law
this By-law
16.3.1Minimum Lot Area
0.38 ha (0.94 ac.)
16.3.2Minimum Lot Frontage
44.8 m (147 ft.)
16.3.3Minimum Front Yard
15 m (49.2 ft.)
16.3.4Minimum Exterior Side Yard
15 m (49.2 ft.)
16.3.5Minimum Interior Side Yard
3 m (9.84 ft.)
16.3.6Minimum Rear Yard
12 m (39.4 ft.)
16.3.7Maximum Lot Coverage (all buildings and structures)
15 %
October 23, 2006
16.3.8Minimum Landscaped Open Space
16.3.9Maximum Height of Buildings
253
30 %
10m (32.8 ft.)
16.3.10Maximum Number of Dwelling Units Per Lot
1
16.3.11Minimum Dwelling Unit Area Requirement
90 m2 (970 sq. ft.)
PROVISIONS
of any land, building or structure permitted within the Rural Residential 1
(RR1) Zone and any special zone thereunder, shall apply and be complied
with.
16.5 SPECIAL RURAL RESIDENTIAL 1 (RR1) ZONES
16.5.1 RR1-1 Zone (Ward of South Marysburgh)
RR1-1 Zone, the following provisions shall apply:
i.
Access to the lot on the north-west corner of County Road No. 9 and
County Road No. 13 is to be from County Road No. 9 only.
16.5.2 RR1-2 Zone (Part Road Allowance between Lots 24 and 25
Concession 1, South Black River and the Area designated as Parts
1, 2 and 5, Plan No. 47R-3711, Ward of South Marysburgh)
i.
ii.
iii.
iv.
v.
Minimum
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
front yard
exterior side yard
interior side yard
0.12 ha (0.32 ac.)
65 m (214 ft.)
45 m (147 ft.)
6.0 m (20 ft.)
4.5 m (15 ft.)
16.5.3 RR1-3 Zone (Part of Lot 2, Concession 1, North Black River, Ward
of South Marysburgh) (Pt. Lot 8, Concession Round Prince Edward
Bay, Ward of South Marysburgh) (Leslie Gail & Dennis Dick, Part
October 23, 2006
254
Lot 9 & 10, Concession 2, North West of West Lake, Ward of
Hallowell) (By-law No. 2726-2010)
Notwithstanding any provisions of this By-law No. 1816-2006 as amended to
the contrary, within the RR1-3 Zone, the following provisions shall apply:
i.
33.0 m (110 ft.)
amended, shall apply to the lands zoned RR1-3.
16.5.4 RR1-4 Zone (Part of Lot 24 Concession 1, South of Black River
described as Part 1 on Reference Plan No. 47R-1302, Ward of South
Marysburgh)
i.
ii.
Minimum lot area
Minimum front yard
0.28 ha (0.69 ac.)
7.6 m (25 ft)
iii.
Minimum dwelling unit floor area
65.0 m (700 sq. ft.)
2
16.5.5 RR1-5 Zone (Part of Lot 21, Concession I, North Black River, Ward
of South Marysburgh) (Part Lots F & G, Concession South Prince
Edward Bay, Ward of South Marysburgh)(Pt. Lots 23, Concession 1,
North Black River and Part Lot 4, Concession Round Prince Edward
Bay, Ward of South Marysburgh)(Part Lot 65, Concession Bayside,
i.
Minimum front yard
10.0 m (32.8 ft.)
16.5.6 RR1-6 Zone (Part Lot 21, Concession 1 North Black River, Ward
of South Marysburgh)(Amending By-law No. 2336-2008)
i.
ii.
Minimum front yard
1.8 m (6.0 ft.)
Maximum lot coverage for all accessory buildings shall be 18%.
October 23, 2006
255
16.5.7 RR1-7 Zone (Part Lots 9 & 10, Concession 1 North Black River,
i.
ii.
iii.
Minimum lot area
0.24 ha (0.6 ac.)
41.7 m (137 ft.)
A Glass Blowing Studio located within an accessory building on the
lands zoned shall be permitted as a home business.
iv.
v.
Maximum accessory building floor area
Maximum studio floor area
74.4 m (800 sq. ft.)
46.5 m2 (500 sq. ft.)
vi.
Maximum retail floor area
28.9 m (300 sq. ft.)
2
2
16.5.8 RR1-8 Zone (Ward of North Marysburgh)
i.
Minimum front yard
3.9 m (12.7 ft.)
16.5.9 RR1-9 Zone (Part of Lots 1 to 6, Point A, Massassauga Circle, Ward
of Ameliasburgh)
i.
ii.
iii.
Minimum front yard
Minimum rear yard
13.0 m (42.6 ft.)
13.0 m (42.6 ft.)
7.5 m (24.6 ft.)
16.5.10 RR1-10 Zone (Ward of North Marysburgh)
(Lockyer Flowers, Pt Lot 19, Concession 3, Military Tract,
Hallowell Ward)
i. Minimum lot area
0.14 ha (0.34 ac.)
16.5.11 RR1-11 Zone (Ward of Ameliasburgh)
i.
ii.
Minimum lot area
Minimum front yard
0.34 ha (0.84 ac.)
6.0 m (19.68 ft.)
October 23, 2006
iii.
256
Minimum setback from the high water mark
of the Bay of Quinte
20.0 m (65.6 ft.)
16.5.12 RR1-12 Zone (Part of Lot 7, Concession II North of Black River,
i.
ii.
Minimum lot area
Minimum rear yard
0.2 ha (0.49 ac.)
3.0 m (9.84 ft.)
16.5.13 RR1-13 Zone (Part of Lot 30, Concession Bayside, Registered
Compiled Plan No. 8, Ward of North Marysburgh)
i.
ii.
Minimum lot area
0.25 ha (0.6 ac.)
30 m (98.4 ft.)
16.5.14 RR1-14 Zone (Part of Lot 44, Concession Bayside, Ward of
North Marysburgh)
i.
ii.
16.5.15
The minimum rear yard setback for a detached accessory garage, a
septic system (including a tile/weeping field) or a swimming pool shall
be 30.0 m (98.4 ft).
A minimum of 15 m (49.2 ft.) landward from the top of the
escarpment shall be maintained in a natural vegetated state as a
buffer area within the RR1-14 Zone in order to prevent erosion of the
cliff face.
RR1-15 Zone (Part of Lot 29, Concession Bayside, Ward of
North Marysburgh)
i.
ii.
The minimum interior side yard for the accessory building on the
westerly property line existing on the date of passing of this by-law
shall be 2.42 m (7.9 ft.).
Minimum front yard for a detached garage 10.6 m (35 ft.)
October 23, 2006
257
16.5.16 RR1-16 Zone (Part Lot 13, Concession Lakeside, East of CapeVesey,
Ward of North Marysburgh) (Amending By-law No. 2336-2008)
Notwithstanding any provision of By-law 1816-2006 as amended to the
contrary, on the lands zoned RR1-16 the following special provisions shall
apply:
i.
ii.
The lands within the RR1-16 Zone shall be deemed to be a corner lot
with the front lot line being that line which abuts County Road No. 8
50 m (164 ft)
16.5.17 RR1-17 Zone (Part Lots 7 & 8, Concession 1, South Bay of Quinte,
Ward of North Marysburgh) (Lot 19, Concession 2, Military Tract,
Ward of Hallowell) (Part of Lot 22, Concession 1, South Side East
Lake, Ward of Athol) (Ward of Hillier) (Ward of Athol)(Ward of
Sophiasburgh) Part of Lot 70, Concession 4, Ward of
Ameliasburgh)
i.
Minimum lot area
0.20 ha (0.49 ac.)
16.5.18 RR1-18 Zone (Part Lots 7 & 8, Concession 1, South Bay of Quinte,
i.
Minimum lot area
0.11 ha (0.27 ac.)
16.5.19 RR1-19 Zone (Part of Lot 42, Concession Bayside, Ward of
North Marysburgh)
i.
The minimum lot frontage for lands zoned RR1-19 may be determined
by using the line forming the southern boundary of the subject lot
which abuts County Road No. 7 as the front lot line even though part
of the frontage of lands situated between the RR1-19 Zone and the
subject front lot line are zoned Environmental Protection (EP).
October 23, 2006
258
16.5.20 RR1-20 Zone (Part of Lot 1, Concession 2, South Side East Lake,
Ward of Athol) (Part of Lot 46, Concession Big Island, Ward of
Sophiasburgh) (Ward of Ameliasburgh) (Lot 81, Concession 2,
Bayside, Ward of Ameliasburgh) (Part of Lot 88, Concession 1,
Ward of Ameliasburgh)(Part of Lot 16, Concession 2 South Side
East Lake, Ward of Athol)
i.
ii.
Minimum lot area
0.14 ha (0.35 ac.)
25.0 m (82.0 ft.)
16.5.21 RR1-21 Zone (Part Lot 23, Concession Round Prince Edward Bay,
i.
ii.
iii.
iv.
v.
Minimum lot area
0.10 ha (0.24 ac.)
37 m (121.3 ft.)
Minimum front side yard, existing structure only
0 m (0 ft.)
Minimum interior side yard, north side
1.8 m (6 ft.)
40%
16.5.22 RR1-22 Zone (Part Lot 23, Concession Round Prince Edward Bay,
RR1-22 Zone (Mark, Stephanie & Brian McFaul, Part Lot 72 & 73,
i.
Minimum lot area
0.20 ha (0.48 ac.)
16.5.23 RR1-23 Zone (Stahle & Armour, Part Lot 38, Concession 1 South
i.
ii.
Minimum southern interior side yard
Minimum setback from high water mark
18.3 m (60 ft)
53.3 m (175 ft)
October 23, 2006
259
16.5.24 RR1-24 Zone (Ward of Hillier)
i.
ii.
iii.
Minimum lot area
0.18 ha (0.44 ac.)
11 m (36.0 ft.)
1.5 m (4.9 ft.)
16.5.25 RR1-25 Zone (Wards of Hillier & Hallowell)
(Part of Lot 37, Concession 1, South West Green Point, Ward of
Sophiasburgh)
i.
ii.
Minimum lot area
0.27 ha (0.66 ac.)
4.6 m (15 ft)
16.5.26 RR1-26 Zone (Huff, Part Lots 9 & 11, Lot 10, Plan 12, Ward of
Hallowell)
i.
Minimum northern interior side yard
1.5 m (5 ft.)
16.5.27 RR1-27 Zone (McGee, Part Lots 83, 84 & 137, Plan 28, Ward of
Hallowell)
i.
ii.
Access may be provided by a private right-of-way from County
Highway No. 49.
There is no commitment from or requirement by the municipality to
assume year round maintenance of the private right-of-way and levels
level of emergency services to the lot.
16.5.28RR1-28 Zone (Part of Lot 13, Concession East Hallowell Bay, Ward
of Hallowell) (Ward of Hallowell) (Part of Lot 6, Concession 1,
South Side East Lake, Ward of Athol) (Part Lot A, Concession 1
North West Carrying Place, Ward of Hallowell) (Part of Lot 7,
Concession 1, West Green Point, Ward of Sophiasburgh) (Part 1 on
Plan 47R-6275, Part Lot 7, Concession 1 West Green Point, Ward of
Sophiasburgh) Part of Lots 114 & 115, Concession 2, Ward of
Ameliasburgh)
October 23, 2006
260
i.
35.0 m (114.8 ft.)
16.5.29 RR1-29 Zone (Ward of Hallowell)(Part Lot A, Concession 1 North
West Carrying Place, Ward of Hallowell) (Part of Lot 49,
Concession Big Island, Ward of Sophiasburgh) (Ward of
Ameliasburgh)
i.
12.0 m (39.3 ft.)
16.5.30 RR1-30 Zone (Part of Lot 1, Concession South East Carrying Place,
i.
ii.
Minimum lot area
0.17 ha (0.42 ac)
30.0 m (98.4 ft.)
16.5.31 RR1-31 Zone (Part of Lot 65, Concession 2, Gerow Gore Ward
of Hallowell)
i.
ii.
iii.
Minimum lot area
Minimum front yard
Minimum rear yard
0.2 ha (0.49 ac.)
3.5 m (11.5 ft.)
2.5 m (8.2 ft.)
16.5.32 RR1-32 Zone (Part Lot 14, Concession South Side West Lake,
Ward of Hallowell)
i.
ii.
Minimum front yard
4.32 m (14.1 ft)
Lands zoned Environmental Protection (EP) on the same lot may be
included in the calculation of lot area and lot frontage.
October 23, 2006
261
16.5.33 RR1-33 Zone (Lot 51 & Part of Lot 122, Registered Compiled Plan
No. 26, Concession East Hallowell Bay, Ward of Hallowell)
i.
ii.
iii.
iv.
v.
vi.
vii.
Minimum
Minimum
Minimum
Minimum
Minimum
Minimum
Minimum
2
lot area
929 m (10,000 sq. ft.)
lot frontage
28.9 m (94.8 ft.)
front yard
11.99 m (38.9 ft.)
interior side yard
5.18 m (16.9 ft.)
exterior side yard
10.66 m (34.9 ft.)
exterior side yard, detached garage 5.48 m (17.9 ft.)
rear yard, detached garage
0.9 m (2.9 ft.)
16.5.34 RR1-34 Zone (Part of Lot 28, Concession Big Island, Ward of
Sophiasburgh)
i.
ii.
Minimum lot area
Minimum front yard
0.19 ha (0.46 ac.)
4.8 m (15.7 ft)
16.5.35 RR1-35 Zone (Part of Lot 12, Concession 1, Ward of Hallowell)
i.
ii.
iii.
iv.
v.
A small engine repair and sales shop located in an attached garage
shall be permitted as a home business
Maximum floor area of small engine repair and
2
sales shop
138 m (1485 sq. ft.)
No persons other than residents of the dwelling on the same lot shall
be employed in the home business.
No outside storage shall be permitted.
The home business shall be wholly contained within the attached
garage.
16.5.36 RR1-36 Zone (Part of Lot 5, Concession 1, South Side West Lake,
Ward of Hallowell)
i.
ii.
Minimum lot area
Minimum front yard
0.29 ha (0.71 ac.)
9 m (29.5 ft)
October 23, 2006
iii.
262
A tea room serving desserts, pastries, tea, coffee and other nonalcoholic beverages in addition to craft sales, occupying not more than
2
iv.
v.
27.87 m (300 sq. ft.) within a dwelling is a permitted use. Outdoor
seating may be provided in association with the tea room use, on a
seasonal basis.
20%
Lots 3 & 4, Registered Plan 14, Ward of Hallowell, shall be considered
as one lot for the purposes of zoning.
16.5.37 RR1-37 Zone (Part of Lots 1 & 3, Concession Gore G, Ward of
Hallowell)
i.
Minimum lot frontage, on the portion of Tubbs Road open, assumed
and maintained year round by the County shall be 6.1 m (20 ft)
16.5.38 RR1-38 Zone (Part Lot 76, Concession 6, Ward of Hillier)
i.
ii.
iii.
iv.
Minimum lot area
0.18 ha (0.45 ac.)
Minimum south interior side yard
1.0 m (3.3 ft.)
Written approval from the Conservation Authority shall be required for
any alterations of extensions on the building existing at the date of
passing of this by-law or the placing of fill on the property.
All the requirements for flood proofing as set out in Permit No. 149/00
issued by the Conservation Authority shall be met.
16.5.39 RR1-39 Zone (Part Lot 6, Concession 1 North West West Lake,
Ward of Hallowell)
i.
Minimum setback from an EP Zone, including the dredged channel to
West Lake 15 m (49.2 ft.)
16.5.40 RR1-40 Zone (Part of Lot 57, Concession 3, Broken Front, Ward
of Sophiasburgh)
i.
ii.
Minimum setback from street centreline
32 m (104.9 ft.)
15.24 m (50 ft.)
October 23, 2006
iii.
263
2.0 m (6.5 ft.)
Sophiasburgh)
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
interior side yard
rear yard
0.13 ha (0.32 ac.)
29 m (71.6 ft.)
2.3 m (7.5 ft.)
9.0 m (29.5 ft)
16.5.42 RR1-42 Zone (Part Lot 7, Concession 1 West Green Point, Ward
of Sophiasburgh)
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
front yard
interior side yard
0.25 ha (0.61 ac.)
36.5 m (119.7 ft.)
11.2 m (36.7 ft.)
6.4 m (20.9 ft.)
16.5.43 RR1-43 Zone (Part of Lot 44, Concession 1, South West Green
i.
ii.
30.0 m (98.4 ft.)
2.13 m (6.98 ft.)
16.5.44 RR1-44 Zone (Part of Lot 60, Concession 1, West Green Point,
Ward of Sophiasburgh) (Part of Lot 12, Concession Big Island,
i.
Minimum front yard
10.5 m (34.4 ft)
16.5.45 RR1-45 Zone (Part Lot 13, Concession 3 South West Green
October 23, 2006
i.
264
The following uses shall also be permitted:
1.
A small engine repair shop
2.
The storage, maintenance and repair of the lot owners’
construction equipment.
16.5.46 R1-46 Zone (Part Lot 51, Concession 2 West Green Point, Ward of
Sophiasburgh)
i.
ii.
A retail establishment for the display, rental and sale of costumes and
for the production, display and sale of ceramic products shall be
permitted as a home business.
Minimum front yard from centre line of street
for existing dwelling
18.29 m (60.0 ft.)
16.5.47 RR1-47 Zone (Part of Lot 56, Concession 2, Broken Front, Ward
of Sophiasburgh)
i.
ii.
Minimum lot area
Minimum rear yard
0.25 ha (0.61 ac.)
3.0 m (9.8 ft)
16.5.48 RR1-48 Zone (Part of Lot 5, Haslett’s Plan, Ward of
Ameliasburgh) (Part of Lot 71 & 72, Plan No. 33, Ward of
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
Minimum lot area
0.17 ha (0.42 ac.)
Minimum front yard
13.0 m (42.6 ft.)
13.0 m (42.6 ft.)
Minimum rear yard
7.5 m (24.6 ft.)
Maximum lot coverage, all buildings and structures 15 %
Minimum landscaped open space
20 %
All exterior openings (including windows and doors) of all buildings
(including, without limiting the generality of the foregoing, all additions
and/or replacement buildings) and all electrical and heating
equipment, shall be located above the minimum elevation of 77.0 m
(252.62 ft.) G.S.C.
The developed portion of each lot (including, without limiting the
generality of the foregoing, that portion of the lot to be used for an
addition or replacement building) including all septic tanks and
October 23, 2006
265
weeping bed tiles shall be located above the minimum elevation of
75.9 m (249.01 ft.) G.S.C.
16.5.49 RR1-49 Zone (Lot 53, Plan No. 33, Ward of Hallowell)
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Minimum lot area
0.24 ha (0.59 ac)
11.5 m (37.7 ft.)
Minimum front yard
13.0 m (42.6 ft)
13.0 m (42.6 ft.)
Minimum rear yard
7.5 m (24.6 ft)
20 %
Minimum setback from high water mark
21.3 m (69.88 ft.)
(252.62 ft.) G.S.C.
75.9 m (249.01 ft.) G.S.C.
16.5.50 RR1-50 Zone (Part of Lot 88, Concession 3, Ward of
Ameliasburgh)
i.
ii.
A motor vehicle repair garage shall be permitted as an additional use.
For the purposes of this subsection a motor vehicle repair garage shall
mean an establishment for the repair and service of motor vehicles
conducted within a wholly enclosed structure.
i.
ii.
Minimum front yard
6.22 m (20.4 ac.)
1.92 m (6.29 ft.)
October 23, 2006
266
Ameliasburgh)
i.
ii.
iii.
iv.
Minimum lot area
0.25 ha (0.61 ac.)
34.0 m (111.5 ft.)
Minimum front yard
5.48 m (18 ft)
The boathouse existing on the date of passing of this by-law, and any
future improvements thereto is a permitted use in the rear yard.
16.5.53 RR1-53 Zone (Part of Lot 9, Concession 4, Part of Lot 10,
Registered Plan No. 17, Ward of Ameliasburgh) (Amending By-law
No. 2336-2008)
i.
ii.
iii.
iv.
Minimum lot area
0.09 ha (0.22 ac.)
16.5 m (54.1 ft.)
2.74 m (9.0 ft.)
Minimum setback from the water’s edge of Lake Consecon shall be 6.4
m (20.9 ft)
16.5.54 RR1-54 Zone (Pt. Lot 9, Concession 4, Part Lots 10 & 11, Plan
17, Ward of Ameliasburgh)
i.
ii.
iii.
iv.
v.
Minimum lot area
Minimum front yard
Minimum interior east side yard
Minimum setback from the water’s edge of
Lake Consecon
0.09
16.5
10.7
2.74
ha (0.22 ac)
m (54.1 ft.)
m (35 ft)
m (9.0 ft.)
22.86 m (75.0 ft.)
Ameliasburgh)
i.
The permitted residential uses shall include a single detached dwelling
containing a maximum of two (2) dwelling units.
October 23, 2006
267
16.5.56 RR1-56 Zone (Part of Lots 3 & 4, Concession South East Carrying
Place, Ward of Ameliasburgh)
i.
ii.
Basements shall not be permitted.
until such time as plans have been approved by the County that
indicates that:
1.
All organics will be excavated from the residential site down to
bedrock or to consolidated soil depth, whichever comes first, in
order to accommodate structural loading.
2.
Compacted granular will be used below the footing to provide
drainage.
16.5.57 RR1-57 Zone (Part of Lots 94 & 95, Concession 1, Ward of
Ameliasburgh)
i.
ii.
iii.
Minimum lot area
Minimum setback from the top of bank of a
drainage course
0.16 ha (0.39 ac)
38.0 m (124.6 ft.)
6.5 m (21.3 ft.)
16.5.58 RR1-58 Zone (Lot 47 & Part of Lot 46, Land Registrars Compiled
Plan 8, Ward of North Marysburgh)
i.
ii.
Minimum lot area
0.2 ha (0.49 ac.)
30.0 m (98.4 ft)
16.5.59 RR1-59 Zone (Part Lots 1 & 2, Ordinance Reserve, Ward of
Marysburgh)
North
i.
ii.
Minimum lot area
0.12 ha (0.3 ac)
The setbacks from the escarpments of the dwelling existing on the
date of passing of this by-law and any future additions or
improvements thereto are permitted provided that the setbacks are
not further reduced.
October 23, 2006
iii.
iv.
v.
268
The setbacks from the escarpments of the accessory structures
existing on the date of passing of this by-law and any future additions
or improvements thereto are permitted provided that they are not
closer than 4.57 m (15 ft.) to the escarpments.
The minimum rear yard of an accessory use, building or structure shall
be 9.75 m (32 ft).
In addition to the uses normally permitted in the RR1 Zone, a
maximum of one windmill shall also be a permitted use.
16.5.60 RR1-60 Zone (Tom Foster, Part of Lot 5, Concession 3, Military
Tract, Ward of Hallowell)
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
front yard
interior side yard
0.08
19.8
7.92
3.04
ha (0.2 ac.)
m (65 ft)
m (26 ft.)
m (10 ft)
16.5.61 R1-61 Zone (Lot 12, Concession 3 Military Tract, Ward
ofHallowell)
Notwithstanding any provisions of this By-law to the contrary, in the RR1-61
i.
5.5 m (18 ft.)
Ameliasburgh)
Notwithstanding the provisions of this by-law to the contrary, within the RR162 zone, the following provisions shall apply:
i.
ii
iii.
Minimum lot area
0.36 ha (0.9 ac)
60 m (196.9 ft.)
Prior to the issuance of a building permit for a residential dwelling in
the RR1-62 zone, the owner shall have undertaken by a qualified firm
a Phase 1 and 2 Environmental Site Assessment to confirm to the
satisfaction of the County that the on-site soils meet provincial criteria
for residential use according to Guidelines for the Use of Contaminated
Sites in Ontario (MOE 1997). The study shall also confirm either that
the soils are not contaminated from the former industrial use of the
property or that the soils have been rehabilitated to the standard for
residential use.
October 23, 2006
269
16.5.63 RR1-63 Zone (Part of Lot 36 & 37, Plan 33, Ward of
Ameliasburgh)
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Minimum lot area
2,787 m2 (30,000 sq. ft.)
30 m (98.4 ft)
Minimum front yard
13 m (42.7 ft.)
Minimum rear yard 7
.5 m (24.6 ft)
Minimum front yard for a detached accessory building 7 m (23.0 ft)
Minimum interior side yard for a detached
accessory building
1.5 m (4.9 ft)
Minimum net floor area
110 sq. m (1184 sq. ft.)
15 %
All exterior openings of all buildings and all electrical and heating
equipment shall be located above the minimum elevation of 77.0 m,
Geodetic Surveys of Canada
All buildings or structures, including, without limiting the generality of
the foregoing, septic tanks and fields and accessory buildings and
additions to buildings shall be located above the minimum elevation of
75.9 m, Geodetic Surveys of Canada.
16.5.64 RR1-64 Zone (Part of Lot 65 & 66, Concession 2, Ward of
Ameliasburgh) (Lot 67 and Part of Lot 77, Land Registrars
Compiled Plan 27, Ward of Hallowell)
Notwithstanding the provisions of this by-law to the contrary, in the RR1-64
i.
ii
iii
Minimum lot area
0.2 ha (0.5 ac)
30.4m (100 ft.)
Minimum yard adjacent to County Road 12 shall be equal to the yard
for the single detached dwelling existing on the date of passing of this
by-law.
16.5.65 RR1-65 Zone (Lot 67 & Part of Lot 77, Land Registrars Compiled
Plan 27, Ward of Hallowell)
i
Minimum yard adjacent to County Road 12 shall be equal to the yard
of the single detached dwelling existing as of the date of passing of
this by-law.
October 23, 2006
ii.
270
Minimum north interior side yard shall be equal to the yard of the
single detached dwelling existing as of the date of passing of this bylaw.
16.5.66 RR1-66 Zone (Part of Lots 4 & 5, Concession 1 North West West
Lake, Ward of Hallowell)
Notwithstanding any provisions of this by-law to the contrary, in the RR1-66
i.
Minimum front yard
7 m (22.9 ft.)
16.5.67 RR1-67 Zone (Prinyer’s Cove area, Ward of North Marysburgh)
i.
ii.
Minimum lot area – as existing on the date of passing of this By-law.
Minimum lot frontage – as existing on the date of passing of this Bylaw.
16.5.68 RR1-68 Zone (Mowbray, Part Lot 28, Concession 1 West Green
RR1-68 zone, the following provisions shall apply:
i.
ii.
iii.
Minimum front yard
Minimum rear yard
9.1 m (30 ft)
3.1 m (10 ft)
9.1 m (30 ft)
16.5.69 RR1-69 Zone (Richard & Frederick Fox, Lot 50, Concession 1 West
i.
6 m (20 ft.)
16.5.70 RR1-70 Zone (Nancy Earl, Lot 53, Concession 1 West Green
Notwithstanding any provisions of this By-law to the contrary, in the RR1-70
i.
ii.
The only permitted uses are a single detached dwelling and accessory
uses to that single detached dwelling.
Minimum front yard
7.6 m (25 ft.)
October 23, 2006
iii.
Minimum setback from the escarpment
271
3.9 m (13 ft.)
16.5.71 RR1-71 Zone (Part Lots 65 and 66, Concession 2, Ward of
Ameliasburgh)
i.
ii.
The minimum lot area shall be
The minimum lot frontage shall be
0.36 ha (0.89 ac)
38.1 m (125 ft.)
16.5.72 RR1-72 Zone (Part Lot 10, Concession North Black River, Ward
i.
ii.
iii.
iv.
v.
vi.
41 m (135 ft.)
Minimum setback of each of two outbuildings from Black River shall be
equal to the setback of each building as it exists.
Minimum setback of each of two outbuildings from County Road 13
shall be equal to the setback of each building as it exists.
The rental of canoes and kayaks, but not motorized watercraft, is a
permitted use, provided that the use is clearly secondary to the
residential use of the property, and that the residential use continues.
Two outbuildings, of a maximum combined floor area of 118 sq. m.
(1,278 sq. ft.), may be used for the rental of canoes and kayaks. No
other use is permitted in these two buildings.
A minimum of 10 parking spaces shall be provided on site for the
canoe and kayak rental use.
16.5.73 RR1-73 Zone (Prinyer’s Cove area, Ward of North Marysburgh)
i.
ii.
Minimum lot area
0.24 ha (0.6 ac)
38.1 m (125 ft)
16.5.74 RR1-74 Zone (Denouden, Part Lot 89, Concession 1, Ward of
Ameliasburgh)
i.
in addition to the uses permitted in the RR1 Zone a residential dwelling
containing two (2) dwelling units is also a permitted use.
October 23, 2006
272
16.5.75 RR1-75 Zone (Jackson, Part Lots 6 & 7, Concession 1 Military
i.
One existing accessory building may be located in the front yard not
closer than 7.3 m (24 ft) to the front lot line.
16.5.76 RR1-76 Zone (Foster’s Campground, Part Lot 16, Concession 1
i.
a.
a semi-detached dwelling,
b.
a workshop,
c.
a vehicle storage garage,
d.
3 existing apartment units all in the existing building
e.
The sale and service of new and used boats and motors
f.
Sale of camping trailers.
16.5.77 RR1-77 Zone (Hoffard, Part Lot 23, Concession 2, Ward of
Hillier)
i.
a dwelling is not a permitted use on the lands zoned RR1-77.
16.5.78 RR1-78 Zone (Corege, Part Lots 20 & 21, Concession 1 South East
Carrying Place, Ward of Hallowell)
i.
Lot frontage (minimum)
0 m (0 ft)
16.5.79 RR1-79 Zone (Menard, Part Lot 29, Concession Bayside, Ward
i.
Minimum front yard setback shall be 15.2 m (50 ft), measured from
any given point, along the entirety of the front lot line (along Prinyer’s
Cove Crescent.).
October 23, 2006
273
16.5.80 RR1-80 Zone (Cronin, Part Lot D, Concession South Prince Edward
Bay, Ward of South Marysburgh)
i.
7.6 m (25 ft)
16.5.81 RR1-81-H Zone (Blower, Part Lots 107 & 108, Concession 3,
The ‘H’ symbol was removed by Amending By-law 1848-2006.
i.
ii.
iii.
Minimum Front Yard
5 m (16.4 ft.)
3 m (9.8 ft.)
All buildings and structures must be setback a minimum of 15 m (49.2
ft.) from the 1:100 year flood line or Environmental Protection (EP)
Zone.
No person shall within a RR1-81-H Zone erect any building or structure for
any purpose or shall use any land or alter any building or structure except for
the following permitted uses:
buildings, structures and uses existing on the date of the passing of
this By-law.
A By-law shall not be enacted to delete the ‘H’ Symbol on part(s) or all of the
lands zoned RR1-81-H until the following conditions have been satisfied:
1)
2)
that a Development Agreement has been executed with the Municipality
regarding the construction of the extension of Vienna Road and turn-around from the existing termination of Vienna Road to the proposed
termination point adjacent to the proposed retained lands as shown on
the preliminary site plan to the satisfaction of the Commissioner of
Public Works; and
that the extension of Vienna Road (at a width of 66 ft) and turn-around be constructed to County standards for gravel road construction
to the satisfaction of the Commissioner of Public Works.
Upon the deletion by Council of the ‘H’ symbol suffixed to the RR1-81-H Zone
category, the uses and zones provisions of the RR1-81 Zone shall apply to
the lands so zoned.
October 23, 2006
274
16.5.82 RR1-82 Zone (Huff, Part Lot 9, Lot 10 & Pt. Lot 11, Plan 12,
Ward of Hallowell)
i.
The two (2) dwellings existing at the date of the passing of this bylaw, including any future additions and/or improvements thereto, are
permitted uses.
16.5.83 RR1-83 Zone (Wilson, Part Lots 5 & 6, Concession 1 North West
West Lake, Ward of Hallowell)
i.
ii.
iii.
Minimum rear yard
15 m (49.2 ft)
15 m (49.2 ft)
That all buildings and structures be flood proofed to the 1:100 year
flood elevation as required by the Conservation Authority.
16.5.84 RR1-84 Zone (Wilson, Part Lots 5 & 6, Concession 1 North West
i.
ii.
Minimum rear yard
15 m (49.2 ft)
That all buildings and structures be flood proofed to the 1:100 year
flood elevation as required by the Conservation Authority.
16.5.85 RR1-85 Zone (Hill, Part Lot 6, Concession 1 South Bay of Quinte,
iii.
iv.
A photographic studio and gallery occupying a maximum of 239 sq ft
(22 sq. m) located wholly within the garage existing on the date of the
passing of this by-law is a permitted use.
Minimum of five (5) on site parking spaces shall be provided.
October 23, 2006
275
16.5.86 RR1-86 Zone (Wetzel, Part Lots 106 & 107, Concession 3, Ward
of Ameliasburgh)
i.
ii.
Access to the lot may be provided by means of a private right-of-way,
at least 3.05 m (10 ft) wide, across the Millennium Trail.
The front lot line shall be deemed to be the lot line abutting the
Millennium Trail.
16.5.87 RR1-87-H Zone (1444850 Ontario Inc., Part Lot 2, Concession 1
South Side West Lake, Ward of Hallowell)
Notwithstanding the provisions of this by-law to the contrary, within the RR187-H zone, the following provisions shall apply:
1.
2.
3.
THAT no person shall within a RR1-87-H Zone erect any building or
structure for any purpose or shall use any land or alter or enlarge any
building or structure except for the following permitted uses:
(i)
Buildings and structures and uses existing on the date of
the lands zoned RR1-87-H until the following conditions have been
satisfied:
(i)
the owner shall undertake by a qualified firm, any necessary
environmental studies (Phase I and/or Phase II Environmental
Site Assessment) as deemed necessary by the County’s Chief
Building Official, to confirm to the satisfaction of the County’s
Chief Building Official that all on-site soils of each lot meets
provincial criteria for residential uses according to Guidelines for
Use of Contaminated Sites in Ontario (MOE 1997).
Upon the deletion by Council of the ‘H’ symbol suffixed to the RR1-87H Zone category, the uses and zone provisions of the RR1 Zone shall
apply to the lands so zoned.
16.5.88 RR1-88 Zone (Part Lot 10, Concession South Side West Lake,
Ward of Hallowell)
Notwithstanding the provisions of this by-law to the contrary, within the RR188 Zone, the following provisions shall apply:
i.
A contractor’s shop or yard, existing on the date of passing of this bylaw, shall be a permitted use in addition to the uses normally
permitted in the RR1 Zone.
October 23, 2006
276
16.5.89 RR1-89 Zone (Kovacs, Lot 2, Plan 14, Ward of Hallowell)
Notwithstanding the provisions of this by-law to the contrary, within the RR189 Zone, the following provisions shall apply:
i.
17%
16.5.90 RR1-90 Zone (David Hoekstra, Part of Lot 16, Concession 2
South West of Green Point, Ward of Sophiasburgh) (Amending Bylaw No. 1824-2006)
apply:
i.
ii.
Lot Area (Minimum)
0.3 ha (0.75 ac)
0 m (0 ft)
16.5.91 RR1-91 Zone (James Taylor, Part Lot C, Con. S.P.E.B., Ward of
South Marysburgh)(Amending By-law No. 1828-2006)
contrary, on lands zoned RR1-91 the following special provisions shall apply:
(i)
Minimum Lot Area
0.2 ha (0.50 ac)
All other provisions of the RR1 Zone and By-law No. 1816-2006, as amended
shall apply to the lands zoned RR1-91.
16.5.92RR1-92 Zone (Myrla Motley, Part of Lot 68, Concession 4, Ward of
apply:
(i)
Minimum Lot frontage
9.14 m (30 ft)
October 23, 2006
277
16.5.93 RR1-93 Zone (Bruce & Carol Middleton, Part Lots 81, Concession 1,
Ward Ameliasburgh)(Amending By-law No. 1903-2007)
apply:
i.
30 m (100 ft)
16.5.94 RR1-94 Zone (David Hoekstra, Part of Lot 16, Concession 2 South
West of Green Point,Ward of Sophiasburgh) (Amending By-law No.
1904-2007)
apply:
i.
0 m (0 ft)
16.5.95 RR1-95 Zone (Robert Cole, Part of Lot 12, Concession 1 South Side
apply:
i.
38.1 m (125 ft)
16.5.97 RR1-97 Zone (Barkman) (Amending By-law No. 1938-2007)
contrary, on the lands zoned RR1-97, the following special provisions shall
apply:
i.
ii.
iii.
Minimum Lot Area
Minimum Front Yard
2428 m2 (26,136 ft2)
33.5 m (109.9 ft)
9 m (29.5 ft)
October 23, 2006
iv.
278
But shall not be built closer than the building line established by the
two dwelling located on the properties abutting the lands as of the
date of adoption of this by-law.
The required setback from the top of an escarpment shall be 4 m (13
ft.).
16.5.98 RR1-98 Zone (C. Fred Weeks Jr. and John & Margaret Moore, Lots
3, 4 & 5, Plan 19, Ward of Hallowell) (Amending By-law No. 19582007)
apply:
i.
Minimum Lot Area
0.32 ha (0.8 ac)
16.5.99 RR1-99 Zone (Robson, Part of Lot 41, Concession 1 South West
Green Point, Ward of Sophiasburgh) (Amending By-law No. 20142007)
apply:
i.
Minimum Lot Area
0.65 ac (.263 ha)
16.5.100 RR1-100 Zone (Steve Fox, Part Lot 64, Concession 2 Broken
Front, Ward of Sophiasburgh) (Amending By-law No. 2008-2007)
contrary, on the lands zoned RR1-100 the following special provision shall
apply:
i.
30 m (100 ft)
October 23, 2006
279
16.5.101 RR1-101 Zone (Mary Cigna, Part Lot 1, Concession South East of
Carrying Place, Smokes Point Road, Ward of Ameliasburgh)
apply:
i.
ii.
iii.
Lot Area (Minimum)
Rear Yard (Minimum)
0.3 ha (0.75 ac)
19.8 m (65 ft)
10.7 m (35 ft)
16.5.102 RR1-102 Zone (John & Margaret McPhail, Part Lot 16, Concession
Stinson Block, Ward of Hillier) (Amending By-law No. 2039-2007)
apply:
i.
ii.
Minimum Lot Area
0.30 ha (0.75 ac)
33 m (110 ft)
16.5.104 RR1-104-H Zone (Trice, Part of Lot 103, Concession 4, Ward of
apply:
i.
ii.
iii.
iv.
v.
vi.
Minimum Lot Area
0.8 ha (2 ac.)
Minimum Frontage
207 m (680 ft)
No Building or structure shall be permitted closer than 15 m (49.2
feet) to the 80.23 m contour
A buffer strip a minimum of 15 m (49.2 ft.) between the Provincially
Significant Wetland and any buildings or structures, shall be
maintained as a natural vegetation buffer.
lands zoned RR1-104.
until such time as a Site Plan Agreement has been registered on the
October 23, 2006
280
subject property which shall address the recommendations of the
completed Environmental Impact Study.
apply:
i.
ii.
iii.
iv.
v.
vi.
Minimum Lot Area
0.4 ha (1 ac.)
Minimum Frontage
64 m (210 ft)
No Building or structure shall be permitted closer than 20 m (65.6
feet) to the 80.23 m contour.
A buffer strip a minimum of 15 m (49.2 ft.) between the Provincially
Significant Wetland and any buildings or structures shall be maintained
as a natural vegetation buffer.
lands Zoned RR1-105.
until such time as a Site Plan Agreement has been registered on the
subject property which shall address the recommendations of the
completed Environmental Impact Study.
16.5.105 RR1-105 Zone (Mountenay, Part Lot 115, Concession 2, Ward of
apply:
i.
ii.
Minimum Lot Area
2,650 m2
The maximum permitted gross floor area shall be 185.8 sq m (2,000
sq ft).
16.5.108 RR1-108 Zone (Walby, Part Lot 7, Concession 2, Ward of
apply:
October 23, 2006
i.
ii.
281
Minimum Lot Area
57.9 m (190 ft)
For the lands zoned RR1-108 the Lot Frontage requirement shall apply
to the entire frontage of the property zoned the RR1-108 and EP Zone.
16.5.110 RR1-110 Zone (Connie Vanderwaardt, Part Lot 64, Concession 4,
apply:
i.
ii.
iii.
Minimum Lot Area
4.7 ha (11.5 ac)
189 m (620 ft)
Notwithstanding the provisions of Subsection 4.18 to the contrary,
for the lands zoned RR1-110 the Lot Area requirement shall apply to
the entire area of the property zoned the RR1-110 and EP Zone.
16.5.111 RR1-111 Zone (Connie Vanderwaardt, Part Lot 64, Concession
4, Ward of Ameliasburgh)(Amending By-law No. 2159-2008)
apply:
i.
ii
iii.
iv.
Minimum Lot Area
0.7 ha (1.73 ac)
72 m (236 ft)
Notwithstanding the provisions of Subsection 4.18 to the contrary, for
the lands zoned RR1-111 the Lot Area requirement shall apply to the
entire area of the property zoned the RR1-111and EP Zone.
No new dwelling unit may be located within 107 m (351 ft) from any
area zoned the Extractive Industrial (MX) Zone.
16.5.112 RR1-112 Zone (Paul & Marilyn Minaker, Part Lots 22 & 23,
Concession 1 South Side East Lake, Ward of Athol) (Amending
By-law No. 2177-2008)
October 23, 2006
282
apply:
i.
18.3 m (60 ft)
16.5.113 RR1-113 Zone (Doug & Wendy Mason, Part Lot 11, Concession
South Side West Lake, Ward of Hallowell) (Amending By-law
No. 2246-2008)
apply:
i.
Minimum Setback from EP-W Zone
40 m (131 ft)
apply:
i.
ii.
iii.
iv.
v.
vi.
Lot Area (Minimum)
0.4 ha (1 ac)
64 m (210 ft)
No building or structure shall be permitted closer than 15 m (49.2 ft)
to the 80.23 m contour.
A buffer strip a minimum of 15 m (50 ft) between the Provincially
Significant Wetland and any building or structure, shall be maintained
as a vegetation buffer.
c.P.13 as amended, related to Site Plan Control shall apply to the lands
zoned RR1-114.
A By-law shall not be enacted to remove the Holding (-H) symbol until
such time as a Site Plan Agreement has been registered on the subject
property which shall address the recommendations of the completed
Environmental Impact Study.
October 23, 2006
283
16.5.115 RR1-115 Zone (1018105 Ontario Inc., Part Lot 2, Concession 2
North West West Lake, Ward of Hallowell) (Amending By-law
No. 2360-2009)
contrary, on the lands zoned RR1-115, the following special provision shall
apply:
i.
For the purpose of determining the Minimum Distance Separation 1
(MDS 1) formula setback for any new dwelling, the setback shall be
measured from the nearest part of the livestock facility located at
1466 Gilead Road to the closest point of the dwelling.
16.5.116 RR1-116 Zone (Donald Wakefield, Part Lot 31, Concession 3,
apply:
i.
ii.
ii.
Lot Area (Minimum)
2.23 ha (5.5 ac)
45.7 m (150 ft)
16.5.117 RR1-117 Zone (Patricia Farmer and Donald Koval, 142 County
Road No. 7, Part Lots 59 & 60, Concession Bayside, Ward of North
Notwithstanding any provision of by-law No. 1816-2006 as amended to the
apply:
i.
ii.
iii.
iv.
v.
Maximum area of utility shed
Minimum setback from private right of way
A utility shed shall be permitted in the front
RR1-117.
14.3 m (47 ft)
1.2 m (4 ft)
22.3 sq. m (240 sq. ft)
4.8 m (15.7 ft)
yard of the lands zoned
October 23, 2006
284
16.5.118 RR1-118 Zone (Ann & John Munroe-Cape, Part Lot 9, Concession
Round Prince Edward Bay, Ward of South Marysburgh)
apply:
i.
Minimum Lot Area
.5 ha (1.2 ac)
16.5.119 RR1-119 Zone (Robert & Barbara Hunter, Part Lot 22,
Concession 1, Ward of Hillier) (Amending By-law No. 24572009)
contrary, on the lands zone RR1-119 the following special provision shall
apply:
i.
10 m (32.8 ft)
16.5.120 RR1-120 Zone (Deborah Simpson, Part of Lot 5 & 8, Concession 1,
Ward of North Marysburgh) (Amending By-law No. 2554-2010)
apply:
i.
ii.
Lot Area (Minimum)
0.12 ha (0.3 ac)
21.3 m (70 ft)
16.5.121 RR1-121 Zone (Jane Harrison & David Taylor, Part of Lot 5 & 8,
Concession 1, Ward of North Marysburgh) (Amending By-law
No. 2554-2010)
apply:
i.
Lot Area (Minimum)
0.28 ha (0.7 ac)
October 23, 2006
ii.
285
42.6 m (140 ft)
16.5.122 RR1-122 Zone (Voskamp Poultry Farm, Part Lot 67 & 68,
Concession 2, Ward of Ameliasburgh) (Christopher James Philip,
Part Lot 67, Concession 2, Ward of Ameliasburgh) (Amending Bylaw No. 2641-2010)
apply:
i.
The rear yard and westerly interior side yard setback for the existing
storage buildings and non-operational barn shall be that which
existed on the day of the passing of this by-law.
16.5.123 RR1-123 (Jake Dal, 51 Harbard Rd., Part Lot 1, Concession
South West Carrying Place, Ameliasburgh Ward)(Amending Bylaw No. 2627-2010)
apply:
i.
38.1 m (125 ft)
16.5.124 RR1-124 (Stewart O’Brien, Lot 62, Concession 2, Ameliasburgh
Ward)(Amending By-law No. 2675-2010)
apply:
i.
Minimum lot area
.24 ha (.6 ac)
ii.
27.4 m (90 ft)
October 23, 2006
286
16.5.125 RR1-125 (Campbell & Allison-Mary Munroe, Lot 11, Plan 109,
Hallowell Ward)(Amending By-law No. 2708-2010)
apply:
i.
Section 4.1.1.2 of the General Provisions (regarding accessory
buildings, structures, and uses shall only be permitted once a building
permit has been issued for buildings or structures for the principle use)
shall not apply to lands zoned RR1-125.
ii.
The uses permitted within any accessory structure shall be limited to
personal storage only.
16.5.126 RR1-126 Zone (Elizabeth Wilson, Lot 4 LRCP No. 27, Part of Lot
6, Concession 1 SSWL, Ward of Hallowell) (Amending By-law
No. 2739-2010)
apply:
i.
The setbacks of the existing buildings and structures on the lands
zoned RR1-126 and any future additions thereto shall be permitted.
16.5.127 RR1-127 Zone (Nelson & Julie Pelletier and Gerald & Grace Zwart
Part Lot 86, Concession 1, County Rd. 3 (Ward of Ameliasburgh)
apply:
i.
Notwithstanding Section 4.7.3 of Comprehensive Zoning By-law No.
1816-2006, as amended, access to the lands zoned RR1-127 may be
by means of a private right-of-way/lane from County Road No. 3.
ii.
assume year-round maintenance of the aforementioned right-of-way
and levels of service provided to the lot may be limited or reduced,
including the level of emergency response to the lot.
October 23, 2006
287
16.5.128 RR1-128 Zone (Ben & Rachel deWal, Part Lot 1 & 2, Concession
South East Carrying Place, Gardenville Rd, Ward of
apply:
i.
Minimum lot area
0.4 ac (0.16 ha)
ii.
No building or structure shall be permitted closer than 15 m (49
ft) from those lands zoned the Environmental Protection (EP) Zone
without written approval from Quinte Conservation.
16.5.129 RR1-129 Zone (Ben Hoornweg, Part Lot 9 and 10, Plan 11,
Harbard Road, Ward of Ameliasburgh) (Amending By-law No.
3033-2012)
apply:
i.
ii.
Minimum lot area
0.4 ha (1 ac)
29 m (95 ft)
16.5.130 RR1-130 Zone (Ben Hoornweg, Part Lot 9 and 10, Plan 11,
Harbard Road, Ward of Ameliasburgh)(Amending By-law No. 30332012)
apply:
i.
Minimum lot area
0.6 ha (1.5 ac)
i.
9.1 m (30ft)
October 23, 2006
SECTION 17
288
RURAL RESIDENTIAL 2 (RR2) ZONE
No person shall within any Rural Residential 2 (RR2) Zone use any land or erect,
provisions:
17.1.1
17.1.2
home business
17.1.3
a private home day care
17.1.4
a bed and breakfast establishment
17.1.5
group home
17.1.6
uses
17.2.1
outdoor furnace in accordance with the provisions of Section 4.32 of
this By-law
17.2.2
maximum of one windmill in accordance with the provisions of Section
4.33 of this By-law
17.2.3
4.23 of this By-law
17.3.1
Minimum Lot Area
0.8 ha (1.97 ac.)
17.3.2
60 m (196.8 ft.)
17.3.3
Minimum Front Yard
15 m (49.2 ft.)
17.3.4
15 m (49.2 ft.)
17.3.5
6 m (19.7 ft.)
17.3.6
Minimum Rear Yard
12 m (39.4 ft.)
17.3.7
15 %
October 23, 2006
289
17.3.8
30 %
17.3.9
10 m (32.8 ft.)
17.3.10
1
17.3.11
90 m (970 sq. ft.)
2
17.4 GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND
LOADING PROVISIONS
of any land, building or structure permitted within the Rural Residential 2
(RR2) Zone shall apply and be complied with.
17.5 SPECIAL RURAL RESIDENTIAL 2 (RR2) ZONES
17.5.1 RR2-1 Zone (594 Morrison Point Road, Part Lot 2, Concession 1
North BlackRiver, Ward of South Marysburgh)
i.
ii.
17.5.2
No building shall be permitted on that part of the lands zoned RR2-1
which are shown as Part 5 on Plan 47R 3377.
Minimum Side Yard
3 m (9.84 ft.)
RR2-2 Zone (Ward of South Marysburgh)
i.
27.0 m (88.5 ft.)
17.5.3 RR2-3 Zone (Part of Lots 41 and 42, Concession Bayside, Ward
i.
No building or structure shall be erected within 30 m (98.4 ft.) of the
easterly lot line.
October 23, 2006
290
Ameliasburgh)
i.
ii.
The farm structures existing on the date of passing of this by-law shall
only be used for dry storage.
The keeping of livestock shall not be permitted.
17.5.5 RR2-5 Zone (Part Lot 5, Concession 1 West Cape Vesey, Ward
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
interior side yard, west side
interior side yard, east side
1.5 ha (3.7 ac.)
54 m (177.1 ft.)
1.67 m (5.47 ft.)
0.3 m (0.98 ft.)
17.5.6 RR2-6 Zone (Part of Lot 6, Concession Lakeside, West Cape Vesey,
i.
The farm produce retail outlet existing on the date of passing of this
by-law is a permitted use.
17.5.7 RR2-7 Zone (Part of Lot 62, Concession Bayside, Ward of North
Marysburgh)
Notwithstanding any provisions of this By-law to the contrary, within the RR27 Zone, the following provisions shall apply:
i.
An antiques shop operated as a home business in the detached
accessory buildings on the date of passing of this by-law shall be a
permitted use provided the total floor area devoted to the antique
2
ii.
shop shall not exceed 70 m (753.5 sq. ft.).
Minimum lot area
0.7 ha (1.73 ac.)
17.5.8 RR2-8 Zone (Part Lots 11 & 12, Concession 1 South Side East
Lake, Ward of Athol)(Part of Lot 89, Concession 1, Ward of
Ameliasburgh)
October 23, 2006
i.
291
15.2 m (50.0 ft.)
17.5.9 RR2-9 Zone (Part of Lot 16, Concession I, North Side East Lake,
Ward of Athol)
i.
2.1 m (7.0 ft)
17.5.10 RR2-10 Zone (Ward of Athol)
i.
12 m (40 ft.)
17.5.11 RR2-11 Zone (Ward of Athol)
i.
Two (2) single detached dwellings shall be permitted.
17.5.12 RR2-12 Zone (Part Lot 6, Concession 3 South Side East Lake,
Ward of Athol)
i.
ii.
An existing mobile home dwelling shall be a permitted use.
185 m (606.9 ft.)
17.5.13 RR2-13 Zone (Part Lot 23, Concession Round Prince Edward Bay
and Part Lot 2, Concession Long Point, Ward of South Marysburgh)
(Ward of Hillier) (Part of Lot 23, Concession 1, South Side East
Lake, Ward of Athol) (Part Lot 15, Concession 1, North Black
River, Ward of South Marysburgh) (Part of Lot 83, Concession 1,
i.
32.0 m (104.5 ft.)
October 23, 2006
292
i.
No dwelling shall be constructed within 9.14 m (30.0 ft.) of a flood
plain or an Environmental Protection (EP) Zone.
i.
ii.
Minimum lot area
0.7 ha (1.71 ac.)
The dwelling and barns existing on the date of passing of this by-law
and future additions thereto are permitted provided that the existing
barns are not used for the keeping of livestock and that the existing
setbacks of the barn are not further reduced.
17.5.16 RR2-16 Zone (Part Lots 8 & 9, Gore G, Ward of Hallowell)
i.
ii.
Minimum front yard
4.7 m (15.7 ft)
6.0 m (20 ft.)
17.5.17 RR2-17 Zone (Part Lots 8 & 9, Gore G, Ward of Hallowell)
i.
Minimum lot frontage, Fry Road
13.5 m (44.2 ft.)
17.5.18 RR2-18 Zone (Part of Lot 11, Concession South Side West Lake,
Ward of Hallowell)
i.
ii.
Minimum lot area
Minimum front yard
1.8 ha (4.4 ac)
6.0 m (19.6 ft.)
17.5.19 RR2-19 Zone (Part of Lot 16, Concession East Hallowell Bay, Ward
of Hallowell)
October 23, 2006
i.
ii.
iii.
Minimum lot area
Minimum front yard
293
1.8 ha (4.4 ac.)
55.0 m (180.4 ft.)
90 m (295.2 ft.)
17.5.20 RR2-20 Zone (Part of Lot 17, Concession 3, Military Tract, Ward of
Hallowell) (Part of Lot 100, Concession 1, Ward of Ameliasburgh)
i.
6.0 m (19.68 ft.)
17.5.21 RR2-21 Zone (Part of Lot 15, Concession 2, Military Tract, Ward
of Hallowell)
i.
ii.
iii.
The only permitted uses are an easement and a right-of-way.
Buildings and structures are prohibited.
31.0 m (101.7 ft.)
Hillier)
i.
The minimum setback for all buildings and structures from the flood
plain of lake Ontario or an EP Zone shall be 30.48 m (100 ft.).
17.5.23 RR2-23-H Zone (Part Lot 15, Concession 1, Ward of Hillier)
RR2-23-H Zone, the following provisions shall apply:
i.
ii.
iii.
iv.
v.
Minimum lot area
1.9 ha (4.7 ac)
In addition to the uses permitted in the RR2 Zone, a hobby farm for
the growing of flowers, vegetables, fruits and vines, and which may
include the keeping of a maximum of two horses, is permitted as a use
accessory to the main residential use on the property.
Horses shall be the only permitted livestock.
The Minimum Distance Separation between a barn containing a
maximum of two horses or any manure storage area and a dwelling
located on another lot shall be 55 m (180 ft.).
plain of Lake Ontario or an EP Zone shall be 30.48 m (100 ft.).
October 23, 2006
294
17.5.24 RR2-24 Zone (Part of Lot 14, Concession 1, Registered Plan 124,
Lot 7, Ward of Hillier)
i.
ii.
plain of Lake Ontario or an EP Zone shall be 30.48 m (100 ft.).
In addition to the uses permitted in the RR2 Zone, a non-commercial,
non-boarding kennel housing up to a maximum of eight (8) dogs is a
permitted use. No boarding or grooming facilities are permitted. The
kennel is strictly for homeowner’s use only.
i.
ii.
Minimum front yard
155.0 (508.5 ft.)
7.6 m (24.9 ft.)
17.5.26 RR2-26 Zone (Part Lot 36, Concession 1 South West Green
i.
ii.
iii.
200 m (656.1 ft)
Minimum front yard for the dwelling existing on the date of passing of
this by-law shall be 0 m (0 ft).
4.0 m (13.12 ft.)
i.
ii.
iii.
iv.
Minimum lot area
1.8 ha (4.44 ac.)
Minimum front yard
9.0 (29.5 ft.)
Minimum front yard setback for detached accessory buildings shall be
1.2 m (3.93 ft)
Minimum interior side yard setback for detached accessory buildings
shall be 0.6 ms (2 ft).
October 23, 2006
295
17.5.28 RR2-28 Zone (Jean Dorenberg 1133 County Rd. 5, Part of Lot 11,
Concession 2 South West of Green Point, Ward of
apply:
i.
A retirement home for a maximum of 10 persons, including any live in
owner(s) operator(s) of the home, shall be permitted.
Sophiasburgh)
i.
ii.
Minimum front yard
4.87 m (15.9 ft.)
7.01 m (22.9 ft.)
i.
ii.
Minimum front yard
8.83 m (28.9 ft.)
The detached garage existing on the date of passing of this by-law,
and future improvements thereto, is a permitted use in the front yard
provided the existing front yard setback is not further reduced.
i.
ii.
Minimum front yard
56.0 m (183.7 ft.)
7.62 m (25.0 ft.)
October 23, 2006
296
i.
ii.
Minimum front yard
50.0 m (164.0 ft.)
38.0 m (124.6 ft.)
17.5.33 RR2-33 Zone (Part of Lot 4, Haslett’s Plan 1875, Ward of
Ameliasburgh)
i.
ii.
iii.
Minimum east side yard
30.0 m (98.4 ft.)
Minimum rear yard
30.0 m (98.4 ft.)
No buildings, structures or development shall be permitted below the
elevation of 76.6 m (251.31 ft.) G.S.C.
Ameliasburgh)
i.
ii.
iii.
45.0 m (147.6 ft.)
The front lot line shall be the line dividing the lot from County Road
No. 28.
Access shall only be permitted from County Road No. 28.
Ameliasburgh)
i.
ii.
iii.
iv.
v.
Minimum lot area
0.6 ha (1.5 ac.)
31.5 m (103.3 ft)
The front lot line shall be the line dividing the lot from County Road
No. 28.
Access shall only be permitted from County Road No. 28.
No development including all exterior openings, all electrical and
heating equipment and all septic and weeping tile beds shall be
permitted below the elevation of 76.3 m (250.32 ft.) G.S.C. without
the prior written approval of the Conservation Authority.
October 23, 2006
297
Ameliasburgh)
i.
Minimum front yard
4.57 m (15.0 ft.)
Ameliasburgh)
i.
ii.
Minimum lot area
2.2 ha (5.43 ft.)
No buildings or structures shall be erected within 40 m (131.2 ft.) of
the boundary of any EP or EP-W Zone.
17.5.38 RR2-38 Zone (Haslett’s Plan, Ward of Ameliasburgh) (Amending
By-law No. 2551-2010)
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
Minimum front yard
13.0 m (42.6 ft.)
13.0 m (42.6 ft.)
3.0 m (9.84 ft.)
Minimum rear yard
7.5 m (24.6 ft)
20 %
(252.62 ft.) G.S.C.
75.9 m (249.01 ft.) G.S.C.
Ameliasburgh)
October 23, 2006
i.
ii.
298
No development shall take place within 40 m (131.2 ft.) of the
boundary of the Sawguin Creek marsh wetland.
A 10 m (32.8 ft) natural buffer shall be maintained adjacent to the
boundary of the Sawguin Creek marsh wetland.
17.5.40 RR2-40 Zone (Part Lot 59, Concession 2, Ward of
Ameliasburgh)
i.
ii.
iii.
Minimum lot area
Minimum front yard
1.7 ha (4.2 ac)
118 m (387.1 ft.)
12.19 m (40 ft)
17.5.41 RR2-41 Zone (Part of Lot 3, Concession 1, North West Carrying
i.
The following uses are also permitted:
1.
A merchandise service shop located in an accessory building
existing at the date of passing of this by-law.
2.
A retail outlet located in an accessory building existing at the
date of passing of this By-law.
17.5.42 RR2-42 Zone (Bronson & Parsons, Part Lot 33, Concession 1,
North Black River, Ward of South Marysburgh)
i.
ii.
Lands within the Environmental Protection (EP) Zone, on the same lot,
may be included in the calculation of lot area.
The buildings existing on the date of passing of this by-law, and future
improvements thereto, are a permitted use provided that any future
additions meet the setback requirements of the RR2 Zone.
Ameliasburgh)
i.
ii.
Minimum lot area
0.53 ha (1.3 ac)
52 m (170.6 ft.)
October 23, 2006
299
The ‘H’ symbol was removed for Lot 4, Plan 47M-5, Ward of
Ameliasburgh by Amending By-law No. 1858-2006
The ‘H’ symbol was removed for Lots 2, 5 & 6, Plan 47M-5, Ward of
Ameliasburgh by Amending By-law No. 1922-2007
17.5.44 RR2-44 Zone (Lot 4, Concession 2 North West West Lake, Ward
of Hallowell)
i.
Minimum yard adjacent to Gilead Road shall be equal to the setback
existing on the date of passing of this by-law.
17.8.45 RR2-45 Zone (Lot 14, Concession 2 North West West Lake,
Ward of Hallowell)
Notwithstanding the provisions of this By-law to the contrary, within the RR245 zone, the following provisions shall apply:
i.
Minimum east side yard shall be equal to the east side yard provided
by the single detached dwelling and the detached garage existing as of
the date of passing of this by-law.
17.5.46 RR2-46 Zone (Ian D. Watson, Part Lot 7, Concession 1, West
Green Point, Ward of Sophiasburgh)(Amending By-law No. 30312012)
apply:
i.
48 m (157 ft)
17.5.46(b) RR2-46 Zone (Tim and Aimee Pikaart, Part Lots 103 and 104,
Concession 1, County Rd 3, Ward of Ameliasburgh)(Amending By-law
No. 3047-2012)
apply:
i.
Minimum Lot Area
0.4 ha (1.5 ac)
October 23, 2006
300
17.5.47 RR2-47 Zone (Lot 102, Concession 5, Ward of Hillier)
i.
County Road No. 1.
There is no commitment from or requirement of the County to assume
year-round maintenance of the private right-of-way. Levels of service
provided to the lot, including the level of emergency response, may be
limited or reduced.
ii.
17.5.48 RR2-48 Zone (Part of Lot 34, Concession 3, Ward of Hillier)
i.
Minimum Front Yard
30.5 m (100 ft.)
17.5.49 RR2-49 Zone (Part of Lots 5 & 6, Concession 1 South Bay Quinte,
i.
Minimum setback from the top of bank for any building or structure
shall be 45.7 m (150 ft.)
17.5.50 RR2-50 Zone (Huigen Acres Inc., Part Lot 5, Concession 2 Military
Tract, Ward of Hallowell)(Amending By-law No. 3290-2013)
Notwithstanding any provisions of By-law No. 1816-2006 as amended to
the contrary, on the lands zoned the RR2-50 Zone the following provision
shall apply:
i.
Minimum lot frontage – 30 feet (9 m)
All other provisions of the RR2 Zone and By-law No. 1816-2006 as
amended, shall apply to the lands zoned the RR2-50 Zone.
17.5.51 RR2-51 Zone (Part of Lot 51, Concession Bayside, Ward of North
Marysburgh)
October 23, 2006
i.
301
57 m (187 ft.)
17.5.52 RR2-52 Zone
Available
17.5.53 RR2-53 Zone (Part Lot 14, Concession 1 West Green Point, Ward
of Sophiasburgh) (Lachlan & Donna Vanvliet, Pt. Lot 88, Conc. 1,
contrary, on the lands zoned RR2-53, the following provisions shall apply:
i.
47m (154 ft.)
17.5.54 RR2-54 Zone (Lot 43, Concession 2 West Green Point, Ward of
Sophiasburgh)
i.
Minimum frontage
15 m. (49 ft.)
17.5.55 RR2-55 Zone (Mason, Part Lots 36, 37 & 38, Concession 1 West
Green Point, Ward of Sophiasburgh)(Mason, Part Lots 36 & 37,
i.
Minimum rear yard
40 m (131.2 ft)
17.5.56 RR2-56 Zone (Lot 20, Concession 1 West Green Point, Ward of
Sophiasburgh)
i.
ii.
The written approval of the Quinte Conservation Authority shall be
required prior to the issuance of an access, septic, or building permit.
Minimum lot frontage on a public road
0 m (0 ft.)
October 23, 2006
302
17.5.57 RR2-57 Zone (Nicholson Island Holdings Ltd., Lot 32, Concession 1
Lakeside, Ward of Hillier)
i.
The use of the lands for a parking/staying area for a hunt camp
situated on Nicholson Island, existing on the date of passing of this bylaw, shall be a permitted use.
17.5.58 RR2-58 Zone
i.
ii.
Minimum lot area
0.7 ha
50 m
17.5.59 RR2-59 Zone (Brown, Part Lot 23, Concession Round Prince
i.
ii.
Minimum north interior side yard
1.8 m (6 ft)
40%
17.5.60 RR2-60 Zone (DeMille, Part Lots 12 & 13, Concession 1 North West
i.
the only permitted buildings and structures on the lands zoned RR2-60
shall be agricultural use buildings and structures. A dwelling is not a
permitted use.
17.5.61 RR2-61 Zone (Molyneux, Part Lot 8, Concession 1 Military
i.
Minimum rear yard
15 m (50 ft)
October 23, 2006
303
17.5.62 RR2-62 Zone (Picard & Hardenne, Part Lots 65 & 66, Concession
Irvine & Gerow Gore, Ward of Hallowell)
i.
6.09 m (20 ft)
17.5.63 RR2-63-H Zone (Point Petre Lots, Ward of Athol)
Notwithstanding the provisions of this by-law to the contrary, within the RR263-H Zone, the following provisions shall apply:
1.
2.
3.
No person shall within a RR2-63-H Zone erect any building or structure
for any purpose or shall use any land or alter or enlarge any building
or structure except for the following permitted uses:
i.
buildings and structures and uses existing on the date of
the lands zoned RR2-63-H until the following conditions have been
satisfied:
ii.
the owner(s) shall have acquired direct frontage and access
onto a year round public maintained road.
Upon removal of the ‘H’ symbol from the RR2-63-H Zone, all the
provisions of the RR2 Zone and this By-law shall apply to the lands
zoned RR2-63.
17.5.64 RR2-64 Zone (St. Pierre, Lots 5 & 6, Concession Lakeside East
Cape Vesey, Ward of North Marysburgh)
i.
ii.
12.2 m (40 ft)
No dwelling or accessory building shall be permitted within 15 m (49.2
ft) of the 1:100 year flood plain as identified by the Environmental
Protection (EP) Zone.
17.5.65 RR2-65 Zone (Chandler, 3794 County Road No. 8, Ward of
North Marysburgh)
i.
In addition to the uses normally permitted in the RR2 Zone, a
maximum of one windmill shall also be a permitted use.
October 23, 2006
304
17.5.66 RR2-66 Zone (Goldie, Part Lot 14, Concession 2 Military Tract,
Ward of Hallowell)
i.
A furniture restoration, repair and sales shop located in a detached
accessory building is a permitted home occupation use accessory to
the main residential use of the lot.
17.5.67 RR2-67 Zone (Lester, Part Lot 9, Concession South Side West
i.
A contractor’s shop or yard, existing on the date of passing of this bylaw shall be a permitted use in addition to the uses normally permitted
in the RR2 Zone.
17.5.68 RR2-68 Zone (Robert Cole, Part of Lot 12, Concession 1 South Side
Notwithstanding the provision of By-law No. 1816-2006 as amended to the
apply:
i.
13.7 m (45 ft)
17.5.69 RR2-69Zone (1322365 Ont. Inc., Part Lot 1, Concession Big
Island, Ward of Sophiasburgh (Amending By-law No. 19352007)(Robert & Barbara Hunter, Part of Lot 20, Concession 1,
apply:
i.
18 m (59 ft)
October 23, 2006
305
17.5.72 RR2-72 Zone (Carson, Ward of North Marysburgh) (Amending
By-law No. 2007-2007)
Notwithstanding the provision of By-law No. 1816-2006, as amended, to the
apply:
i.
ii.
Two (2) tourist cabins existing as of the date of adoption of this by-law
shall be permitted to continue to be used for that purpose.
The tourist cabins permitted by Section 17.5.72i) cannot be enlarged
or expanded in any way.
17.5.73 RR2-73 Zone (1485355 Ontario Ltd., Part Lots 31 & 32, Concession
1 West Green Point, Ward of Sophiasburgh) (Amending By-law No.
2037-2007)
apply:
i.
No building or structure shall be permitted within 40 m (131 ft) of the
wetland, as determined by Quinte Conservation.
17.5.74 RR2-74 Zone (William & Rita Wybenga, Part Lot 33, Concession 1
South West Green Point, Ward of Sophiasburgh) (Amending Bylaw No. 2025-2007)
apply:
i.
45m. (150 ft)
17.5.77 RR2-77 Zone (Estate of Nora Landry, Part Lot 64, Concession 1,
Ward of Ameliasburgh)(Amending By-law No. 2137-2008)(Douglas
Mason, Part Lots 36 & 37, Concession 1, West Green Point, Ward of
October 23, 2006
306
apply:
i.
43 m (141 ft)
17.5.78 RR2-78 Zone (Sacha Clarke-Squair, Part of Lots 16 & 17,
Concession 2 West of Green Point, Ward of Sophiasburgh)
apply:
i.
All development on the lands zoned RR2-78 shall be required to
comply with the Minimum Distance Separation (MDS) formulae.
17.5.79 RR2-79 Zone (Robert & Teresa Hilborn, Part Lot 30, Concession
apply:
i.
ii.
iii.
Minimum Lot Area
1 ha (2.47 ac)
122 m (400 ft)
For the lands zoned RR2-79 the Minimum Lot Area requirement shall
apply to the entire area of the property zoned the RR2-79 and EP
Zone.
17.5.80 RR2-80 Zone (Robert & Teresa Hilborn, Part Lot 30, Concession
apply:
i.
Minimum Lot Area
0.8 ha (2 ac)
October 23, 2006
ii.
iii.
307
64 m (210 ft)
For the lands zoned RR2-80 the Minimum Lot Area requirement shall
apply to the entire area of the property zoned the RR2-80 and EP
Zone.
All other provisions of the RR2 Zone and By-law No. 1816-2006 as amended,
17.5.81 RR2-81 Zone (Wayne & April Newhook, Part of Lots 95 & 96,
2154-2008)
apply:
i.
ii.
Minimum Lot Area
Minimum Front Yard
0.7 ha (1.8 ac)
9 m (29.5 ft)
17.5.82 RR2-82 Zone (R. H. Fleguel & E. P. Roughan, Part of Lots 2, 3 & 6,
Concession Waupoos Island, Ward of North Marysburgh)
apply:
i.
ii.
be limited ore reduced, including the level of emergency service.
There is no commitment or requirement by the municipality to provide
for public ferry service and/or transportation to/from the mainland.
Individual owners of lands zoned RR2-82 shall be solely responsible for
obtaining and providing adequate off-site mainland parking for their
holding. There shall be no commitment or cost incurred by the
Corporation of the County Prince Edward to provide mainland parking.
October 23, 2006
308
17.5.83 RR2-83 Zone (Paul & Marilyn Minaker & Christopher Moore, Part of
Lots 22, Concession 1 South Side of East Lake, Ward of Athol)
apply:
i.
ii.
Minimum Lot Area
Minimum Rear Yard
0.7 ha (1.8 ac)
61 m (200 ft)
17.5.84 RR2-84 Zone (Majuka Holdings Ltd. c/o Tom Mills, Part Lots 36 &
37, Concession 2 West Green Point, Ward of Sophiasburgh)
contrary, on the lands zoned RR2-84, the following provisions shall apply:
i.
ii.
iii.
Minimum lot area
0.6 ha (1.5 ac)
Minimum Setback from Provincially Significant Wetland40 m (131 ft)
Minimum Setback from existing drainage course15 m (49.2 ft)
17.5.86 RR2-86 Zone (Lloyd & Nancy Rankin, Part of Lot 19, Concession 1
South Side of East Lake, Ward of Athol) (Amending By-law No.
2245-2008)(1628759 Ontario Inc., Part of Lot 20, Concession 1,
apply:
i.
44.2 m (145 ft)
17.5.87 RR2-87 Zone (Donald Wakefield, Part Lot 31, Concession 3, Ward
of Hillier)(Amending By-law No. 2357-2009)
apply:
October 23, 2006
i.
ii.
iii.
309
Lot Area (Minimum)
2.43 ha ( 6 ac)
106.68 m (350 ft)
17.5.88 RR2-88 Zone (David & Amanda Rowlandson, Part of Lot 76,
apply:
i.
Minimum Lot Area
1.4 ha (3.5 ac)
17.5.89 RR2-89 Zone (Gerrit Van Der Harst, Part of Lot 64, Concession 1,
apply:
i.
48.8 m (160 ft)
17.5.90 RR2-90 Zone (Robert & Barbara Hunter, Part Lot 22, Concession 1,
(1628759 Ontario Inc., Part Lots 2 & 3, Concession 3, Part Lot 80,
(1628759 Ontario Inc., Part Lots 2 & 3, Concession 3 Lakeside,
apply:
i.
51 m (167.3 ft)
October 23, 2006
310
17.5.92 RR2-92 Zone (Clare & Marion McFaul, 412 Burr Road, Part of
Lot 66, Concession 5, Ward of Hillier) (Amending By-law No.
2748-2010)
apply:
i.
The Minimum Distance Separation (MDS 1) formula setback from
nearest active barn shall be 500 ft (152.4 m).
shall apply to the lands zoned the RR2-92.
17.5.93 RR2-93 Zone (Fairacres Farms, Part Lots 21 & 22, Concession 1,
apply:
i.
130 ft. (39.5 m)
17.5.94 RR2-94 Zone (Keith & Diane Alder) Part of Lots 20 & 21,
Concession South East Carrying Place (Amending By-law No. 29372011)
apply:
i.
53 m (174 ft.)
All other provisions of the RR2 Zone and By-law No. 1816-2006 as amended,
17.5.95 RR2-95 Zone (1628760 Ontario Inc.) Part Lot 21, Concession 1,
Hillier Ward)(Amending By-law 2962-2011)
contrary, on the lands zoned RR2-95 the following provisions shall apply:
i.
44 m (145 ft)
October 23, 2006
311
17.5.96 RR2-96 Zone (Ned & Sam Burgess) Part of Lots 15 & 16,
Concession IV SSEL, Part of Lot 41 & Lot 31, RCP #3, Ward of Athol)
apply:
i.
160 ft (48.8 m)
ii.
Notwithstanding Section 2.116 of By-law No. 18186-2006, as
amended, the lands zoned the Special RR2-96 shall be considered a
“Lot” for the purposes of this By-law.
17.5.97 RR2-97 Zone (Ben and Rachel deWal) Part Lots 1 & 2, Concession
South East Carrying Place, Gardenville Road, Ward of
apply:
i.
No building or structure shall be permitted closer than 15 m (49 ft)
from those lands zoned the Environmental Protection (EP) Zone
without written approval from Quinte Conservation.
17.5.98 RR2-98 Zone (John & Linda Jackson) Part Of Block D, Concession 2
South Black River – 1034/1038 Royal Road, Ward of South
Marysburgh (Amending By-law No. 3113-2012)
contrary, on the lands zoned RR2-98 the following provisions shall apply:
i.
The two existing single detached residential dwellings shall be
permitted.
October 23, 2006
SECTION 18
312
CORE COMMERCIAL (CC) ZONE
No person shall within any Core Commercial (CC) Zone use any land or erect, alter
or use any building or structure except in accordance with the following provisions:
18.1.1
financial institution and bank
18.1.2
clinic or office of medical practitioner
18.1.3
day nursery
18.1.4
retail commercial establishment
18.1.5
personal service shop
18.1.6
merchandise service shop
18.1.7
place of entertainment, recreation or assembly
18.1.8
commercial club
18.1.9
private club
18.1.10
restaurant
18.1.11
business, professional or administrative office
18.1.12
convenience store
18.1.13
hotel
18.1.14
bakery
18.1.15
dry cleaning distribution station
18.1.16
food store
18.1.17
laundromat
18.1.18
taxi depot
18.1.19
parking lot
18.1.20
video rental
October 23, 2006
313
18.1.21
4.23 of this By-law
18.1.22
uses including the sale of pre-filled propane tanks
18.2.1
one or more dwelling units in a portion of a commercial building
18.3.4
18.3.5
i.
ii.
0 m (0 ft.)
abutting another commercial or an industrial zone 0 m (0 ft.)
abutting any other zone
2.0 m (6.6 ft.)
18.3.6
Minimum Rear Yard
4.5 m (15 ft.)
18.3.7
60 %
18.3.8
12 m (40 ft.)
18.3.9
Existing Building Line
The existing building line shall be maintained in the case of any construction,
reconstruction, rebuilding or renovation of structures in the CC Zone. In the
case of rebuilding or reconstruction, where the former building encroached
on the street line, the existing street line shall be the new building line.
18.3.10
i.
ii.
iii.
iv.
Bachelor Unit
One Bedroom Unit
Two Bedroom Unit
More than Two Bedrooms
46
55
60
65
m2
m2
m2
m2
(495.2 ft.2)
(592 ft.2)
(645.9 ft.2)
(699.7 ft2)
18.4 SERVICING REQUIREMENTS
All uses permitted in the Core Commercial (CC) Zone shall be serviced with
full municipal water supply and sanitary sewer services.
October 23, 2006
314
LOADING PROVISIONS
of any land, building or structure permitted within the Core Commercial (CC)
Zone shall apply and be complied with.
18.6 SPECIAL CORE COMMERCIAL (CC) ZONES
18.6.1 CC-1 Zone (Midtown Meats, Part Lots 21, 22, 23A, 23B, 23C, 179
and 298, Plan No. 8, Ward of Wellington)
Notwithstanding any provisions of this By-law to the contrary, within the CC1 Zone, the following provisions shall apply:
i.
Additional Permitted Uses
1.
dry storage warehouse accessory to the main use
2.
vehicle maintenance garage accessory to the main use
ii. Provisions for Permitted Uses
1.
14.6 m (47.9 ft.)
2.
Minimum rear yard
1.0 m (3.28 ft.)
3.
Minimum parking area requirement
1 space per 65 m2 (699.6
sq. ft.) of gross floor area
4.
Minimum parking space area
15 m2 (161.5 sq ft)
18.6.2 CC-2 Zone (Village Green Café, Part Lot 55, Plan 8, Ward of
Wellington)
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
lot frontage
front yard
off-street parking requirement
loading space requirement
14.7 m (48.2 ft)
0.0 m (0 ft.)
4 spaces
0 spaces
18.6.3 CC-3 Zone (Pierson’s I.G.A. Parking Lot, Lot 116, Plan No. 8, Ward
of Wellington)
i.
A parking lot containing a minimum of 12 parking spaces shall be the
only permitted use.
October 23, 2006
315
ii.
9.2 m (30.18 ft.)
ii.
Minimum lot area
494 m (5,317.5 sq. ft.)
iv.
Minimum area of each parking space
14.3 m (154 sq. ft.)
2
2
18.6.4 CC-4 Zone (General Convenience Store & Pizza, Ward of
Wellington)
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
front yard
rear yard
v.
297 m2 (3,169.9 sq. ft.)
12.3 m (40.35 ft.)
0 m (0 ft.)
2.1 m (6.88 ft.)
2
66 m (710.4 sq. ft.)
18.6.5 CC-5 Zone (Aman’s Abattoir, Part Lot 25B, Plan 8, Ward of
Wellington)
i.
ii.
iii.
iv.
In addition to the uses permitted in the CC Zone, an abattoir is also a
permitted use.
10 m (32.8 ft.)
Minimum front yard
0 m (0 ft.)
Minimum rear yard
0.3 m (0.98 ft.)
18.6.6 CC-6 Zone (Devonshire Inn, Ward of Wellington)
i.
ii.
Permitted Uses
1.
a hotel
2.
a library, art gallery or museum
3.
a restaurant, provided that no curb service or drive-in service is
permitted
4.
an accessory building containing laundry facilities or a maximum
of three (3) hotel units.
5.
a dwelling unit in a portion of the main commercial building
1.
Minimum side yard, accessory building
0.9 m (2.95 ft.)
October 23, 2006
316
18.6.7 CC-7 Zone (Don Channel Tire Sales & Service, Ward of
Wellington)
i.
ii.
iii.
iv.
v.
vi.
A motor vehicle repair garage shall be a permitted use.
The sale of gasoline, diesel fuel, or other fuels shall be prohibited.
Minimum lot area
545 m2 (5,866.5 sq. ft.)
Minimum side yard
0.82 m (2.69 ft.)
Minimum rear yard
0.3 m (0.98 ft.)
Maximum gross floor area for a motor vehicle repair garage 175 m2
(1,883.7 sq. ft.)
18.6.8 CC-8 Zone (Pierson’s IGA, Lots 121-A, 121-C and 12-D, Plan No.
8, Ward of Wellington)
i.
ii.
iii.
iv.
v.
vi.
vii.
Minimum front yard
Minimum rear yard
Minimum number of loading spacing
Minimum loading space access aisle width
1.0 m (3.28 ft.)
8.67 m (28,4 ft.)
0 m (0 ft.)
4.11 m (13.5 ft)
60%
1
4.11 m (13.5 ft.)
viii.
Minimum area of each parking space
14.3 m (154 sq. ft.)
ix.
Minimum Off-Street Parking Requirement
x.
2
2
1 space for each 37 m
(398.2 sq. ft.) of gross
floor area.
The minimum number of parking spaces to be provided in connection
with a food store use shall be 38 spaces. Notwithstanding this
requirement, a minimum of 26 parking spaces shall be located on the
lands zoned CC-8 in connection with a food store use, provided that
the additional 12 parking spaces that are required to make up the total
of 38 spaces shall be provided in an off-site parking area which:
1.
is located on lands zoned Commercial or Special Commercial,
and;
2.
is located within 30 m (98.4 ft) of the building it is intended to
serve, and;
3.
is under the same ownership as the use it is intending to serve
or is under a long term lease or long term renewable
agreement.
October 23, 2006
317
18.6.9 CC-9 Zone (Tim Horton’s, Ward of Picton)
i.
In addition to the uses permitted in the CC Zone, a take out and drive
thru restaurant shall also be permitted.
18.6.10 CC-10 Zone (Tripp, Ward of Picton)
i.
A rear yard shall not be required for the existing building situated on
part Lots 268 and 269.
18.6.11 CC-11 Zone (313 to 315 Main Street, Ward of Picton)
i.
ii.
iii.
Minimum lot area
Minimum rear yard
Maximum lot coverage shall not apply.
128 m2 (1,377.8 sq. ft.)
0 m (0 ft.)
18.6.12 CC-12 Zone (Wilson’s Sunoco & Car Wash, Ward of Picton)
i.
Permitted Uses
1.
2.
3.
Motor vehicle service station
Motor vehicle sales lot as an accessory use to a main motor
vehicle service station use.
Outside display or new or used automobiles, in good repair, for
the purpose of their sale or rent to the general public.
1.
2.
3.
4.
Minimum interior side yard required for any building
existing on the date of passing of this by-law
0 m (0 ft.).
Minimum distance of any freestanding advertising
sign the front lot line
0 m (0 ft.)
Maximum number of access driveways for the lot shall be 4.
The maximum width of any two-way driveway access
as measured along the outside side lot line shall be 18 m (59.0 ft).
October 23, 2006
5.
6.
7.
8.
9.
318
Parking space requirements shall be calculated at a rate of 1 space for
each 37 sq m (398.2 sq. ft) of floor area.
The open storage of motor vehicles for sale or rent shall be permitted
in any yard except the front yard.
A minimum 1.5 m (4.9 ft) wide continuous strip of landscaped open
space shall be provided along the front lot line only, except as required
to provide driveway access to the lot. The required landscaped open
space may be comprised of grass, trees, shrubs, ornamental planters,
or a combination of these, maintained in a healthy growing condition.
Where a required parking area providing more than four (4) parking
spaces abuts a street line, then separation of the parking area from
the street line shall be provided by means of a minimum 1.5 m (4.92
ft.) wide strip of landscaped open space or fencing or a combination of
both.
Prior to development or redevelopment of the lands zoned CC-12, a
detailed site plan(s) shall be approved by the County and a Site Plan
Agreement shall be entered into, pursuant to the Site Plan Control
provisions of Section 41 of the Planning Act. R.S.O. 1990, c.P.13.
18.6.13 CC-13 Zone (Swartz, Ward of Picton)
i.
ii.
iii.
iv.
13.35 m (43.79 ft.)
Minimum rear yard
0 m (0 ft.)
95%
A minimum of nine (9) parking spaces, including 1 barrier-free stall
(handicapped space), shall be required. (added by Amending Bylaw No. 1936-2007)
18.6.14 CC-14 Zone (Lot 269, Plan No. 24, and in Old Lot 14, Simpson's
Plan, Ward of Picton)
i.
ii.
An additional permitted use shall be storage units for rental to the
public.
Off-street parking spaces shall be provided on the property at the rate
iii.
of one (1) parking space for each 28 m (301.39 sq. ft.) of floor area
of the building containing the storage units.
Minimum rear yard
0.3 m (0.98 ft.)
2
October 23, 2006
319
18.6.15 CC-15 Zone (Watson, 302 Main Street, Part Lot 954, Plan 24,
Ward of Picton)
i.
An additional permitted use of the ground floor shall be one dwelling
unit.
18.6.16 CC-16 Zone (Cleave, Ward of Picton)
i.
ii.
The use of the first or ground floor of the building existing on the date
of passing of this by-law for a maximum of five apartment units shall
be permitted in addition to the uses otherwise permitted in the CC
zone.
The minimum dwelling unit floor area for two bedroom apartment units
iii.
on the first or ground floor of the existing building shall be 55.74 m
(600 sq. ft.).
Minimum rear yard
2.5 m (8.2 ft)
2
18.6.17 CC-17 Zone (Hicks, Part of Lots 619 and 620, Registered Plan
24, Ward of Picton)
i.
Residential uses, including dwelling units situated above and within the
same building as the commercial uses, shall not be permitted.
18.6.18 CC-18 Zone (Former Picton Motors, 7 Paul Street, Ward of
Picton)
i.
Minimum rear yard
0.9 m (3 ft.)
18.6.19 CC-19 Zone (Giant Tiger Parking Lot, Part of Lots 289 & 290, Plan
24, Ward of Picton)
i.
A parking lot shall be the only permitted use.
October 23, 2006
320
18.6.20 CC-20 Zone (Pump and Pantry, Petro Canada Gas Bar, Ward of
Picton)
i.
In addition to the uses permitted in the Core Commercial (CC) Zone, a
motor vehicle service station shall also be a permitted use.
18.6.21 CC-21 Zone (Giant Tiger Expansion, Lots 166, 262, 263 & 265, Plan
24, Ward of Picton)
i.
ii.
Minimum Rear Yard setback
0 m (0 ft)
100%
18.6.22 CC-22 Zone (Walter Evans/ Hardcopy Solutions, Part Lots 772, 773
& 774, Registered Plan 24, Ward of Picton)
Notwithstanding any provisions of this by-law to the contrary, within the CC22 zone, the following provisions shall apply:
i.
1.
banks;
2.
clinics or offices of medical practitioners;
3.
offices;
4.
personal or business services;
5.
retail stores;
6.
service industrial uses limited to bakeries, dry cleaning
establishments;
7.
printing shops and wholesaling establishments;
8.
service outlets; and
9.
uses accessory to the forgoing.
18.6.23 CC-23 Zone (Markland, Ward of Picton)
i.
Minimum rear yard setback for the dwelling shall be
7.5 m (24.6 ft)
18.6.24 CC-24 Zone (Lipson, Ward of Picton)
October 23, 2006
i.
ii.
iii.
321
The permitted uses on the lands zoned CC-24 shall be limited to the
three (3) parking spaces, existing on the date of passing of this bylaw.
Access to the lot may be by means of a right-of-way (Market Lane).
assume year-round maintenance of Market Lane and levels of service
provided to the lot may be limited or reduced, including the level of
emergency response to the lot.
18.6.25 CC-25 Zone (Cleave Management & Investment Inc., Ward of
Picton)
i.
ii.
iii.
iv.
v.
vi.
In addition to the uses normally permitted in the
CC Zone the following use shall be permitted: Tourist Inn
For the purposes of this by-law a “Tourist Inn” is defined as a building
used for the accommodation of the traveling or vacationing public, and
shall contain not more than 8 guest rooms served by a common
entrance.
12.2 m (40 ft)
Minimum Rear Yard
1.5 m (5 ft)
100%
A minimum of 18 parking spaces, including 2 barrier-free stalls
(handicapped spaces) shall be required for the uses permitted in the
CC-25 zone, and provided in off-site parking areas on adjacent lands
zoned CC-26.
18.6.26 CC-26 Zone (Cleave Management & Investment Inc., Ward of
Picton)
i.
ii.
iii.
iv.
The permitted uses on the lands zoned CC-26 shall be limited to:
a Parking Lot
Open Space
A minimum landscaped buffer of 0.9 m (3 ft) shall be provided and
maintained between any Parking Lot and any Lot Line abutting a
street.
lands zoned CC-26.
The existing 18 parking spaces, including 2 barrier-free stalls
(handicapped spaces), shall be maintained and provided for the uses
October 23, 2006
permitted off-site on adjacent lands
Amending By-law No. 1936-2007)
322
zoned
CC-25.(added
by
18.6.27 CC-27 Zone (Justin, Ward of Picton)
i.
ii.
Notwithstanding Section 18.1.18, a taxi depot is not a permitted use
on the lands zoned CC-27.
Minimum number of on site parking spaces shall be 25.
18.6.28 CC-28 Zone (2054232 Ontario Inc. (MACV Holdings), Part of Lots
951, 952 & 974, Plan 24, 278, 280, 282 & 288 Main Street, Ward of
contrary, on the lands zoned CC-28 the following special provisions shall
apply:
i.
ii.
iii.
iv.
v.
16.5 m (54.1 ft.)
Minimum setback from a private right-of-way 0 m (0 ft.)
A minimum of twenty seven (27) parking spaces, including 2 barrierfree stall (handicapped space), shall be required.
A Landscape Planting/Buffer Strip shall not be required.
No Loading Spaces are required for the uses permitted in the CC-28
Zone.
All other provisions of the CC Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned CC-28.
18.6.29 CC-29 Zone (Archives & Collections Society, Part of Lot 265, Plan
24, 205 Main Street, Ward of Picton)
apply:
i.
ii.
iii.
In addition to those uses normally permitted in the CC Zone the
a private library
a private art gallery
storage, research and maintenance/repair areas for
archival/historical materials
an auditorium with a maximum of 74 seats
Rear Yard (Minimum)
0 m (0 ft.)
Minimum setback from a private right-of-way0 m (0 ft.)
October 23, 2006
323
iv.
No Parking Spaces are required for the uses permitted in the CC-29
Zone.
v.
No Loading Spaces are required for the uses permitted in the CC-29
Zone.
18.6.30 CC-30 Zone (Grant, 3 Ross Street, Ward of Picton) (Amending
By-law No. 2336-2008)
apply:
i.
In addition to the uses permitted in the CC Zone a Motor Vehicle
Dealership or Motor Vehicle Sales Lot shall also be a permitted use.
ii.
Open storage shall be permitted in any yard in the CC-30 Zone,
provided that it is limited to the outside display of new or used motor
vehicles, in good repair, for the purposes of their sale or rent to the
general public.
18.6.31 CC-31 Zone (6876307 Canada Limited, Shoppers Drug Mart, Part of
Lots 617, 618, 619, 620, 621 & 623, Plan 24, Town of Picton; 81-91
Main Street & 5-15 Washburn Street, Ward of Picton) (Amending
By-law No. 2368-2009)
apply:
i.
ii.
iii.
iv.
Minimum number of on-site parking spaces shall be 42, including 2
barrier-free stalls, until such time that the dwelling located at 15
Washburn Street is removed, at which time the entire property at 15
Washburn Street will also be used for parking spaces, subject to
minimum landscaping and setback requirements and any other County
requirements.
Minimum Distance of Parking Area/Space from Street Line shall be 1.5
m (5 ft) along Washburn Street only.
Residential uses, including dwelling units situated above or within the
same building as the commercial use, shall not be permitted.
lands zoned CC-31.
October 23, 2006
324
18.5.32 CC-32 Zone (My County Holdings Inc., Lot 1539 & Part Lot 1540,
Plan 21, Ward of Picton) ( Amending By-law No. 2801-2011)
apply:
i.
In addition to the uses normally permitted in the CC Zone, a post
secondary learning facility shall also be a permitted use.
October 23, 2006
SECTION 19
325
GENERAL COMMERCIAL (CG) ZONE
No person shall within any General Commercial (CG) Zone use any land or erect,
provisions:
19.1.1
motor vehicle fuel bar
19.1.2
motor vehicle service centre
19.1.3
motor vehicle dealership
19.1.4
motor vehicle sales lot
19.1.5
motor vehicle repair garage
19.1.6
an automatic or coin operated motor vehicle washing establishment
19.1.7
marine sales and service establishment
19.1.8
recreational vehicle and small engine sales and service establishment
19.1.9
farm machinery sales and service establishment
19.1.10
restaurant
19.1.11
motel, motor hotel and hotel
19.1.12
garden and nursery sales and supply establishment
19.1.13
parking lot
19.1.14
place of entertainment, recreation and assembly
19.1.15
private club
19.1.16
19.1.17
trailer and mobile home sales and service establishment
19.1.18
veterinary clinic
19.1.19
funeral home
19.1.20
food store
October 23, 2006
326
19.1.21
laundromat
19.1.22
taxi depot
19.1.23
video rental
19.1.24
4.23 of this By-law
19.1.25
19.2.1
19.2.2
xix.2.3
19.2.4
home business
19.3.1
Minimum Lot Area
465 m2 (5,000 sq. ft)
19.3.2
15 m (50 ft)
19.3.3
Minimum Front Yard
7.5 m (25 ft.)
19.3.4
6 m (20 ft.)
19.3.5
4.0 m (13 ft.)
Minimum Rear Yard
6 m (20 ft)
19.3.7
40 %
19.3.8
30%
19.3.9
12 m (40 ft.)
19.3.10
19.3.6
reconstruction, rebuilding or renovation of structures in the CG Zone. In the
October 23, 2006
327
case of rebuilding or reconstruction, where the former building infringed on
the street line, the existing street line shall be the new building line.
19.3.11
i.
ii.
iii.
iv.
Bachelor Unit
One Bedroom Unit
Two Bedroom Unit
46
55
60
65
m2
m2
m2
m2
(495.2 sq. ft.)
(592 sq. ft.)
(645.9 sq. ft.)
(699.7 sq. ft)
All uses permitted in the General Commercial (CG) Zone shall be serviced
with full municipal water supply and sanitary sewer services.
LOADING PROVISIONS
of any land, building or structure permitted within the General Commercial
(CG) Zone shall apply and be complied with.
19.6 SPECIAL GENERAL COMMERCIAL (CG) ZONES
19.6.1 CG-1 Zone (Ward of Picton)
Notwithstanding any provisions of this By-law to the contrary, within the CG1 Zone, the following provisions shall apply:
i.
Permitted Non-Residential Uses
1.
clinic or office of medical practitioner
2.
day nursery
3.
4.
5.
merchandise service shop
6.
place of entertainment, recreation or assembly
7.
commercial club
8.
private club
9.
restaurant
10.
business, professional or administrative office
11.
convenience store
12.
bakery
13.
taxi depot
14.
parking lot
15.
video rental
October 23, 2006
328
16.
ii.
public uses or utilities in accordance with the provisions of
Section 4.23 of this By-law
17.
permitted uses
2.0 m (6.5 ft.)
19.6.2 CG-2 Zone (Belsey, Ward of Picton)
i.
ii.
iii.
Minimum number of off-street parking spaces
9
A continuous strip of landscaped open space having a minimum width
of 1.5 m (4.92 ft.) Shall be established and maintained along the rear
limit of the property between the rear limit and the parking area.
A Site Development Agreement shall be concluded and entered into
between the County and the owner of the property providing that any
air exhaust from the proposed building addition will be located in the
rear wall of the addition, that the northeasterly side of the existing
building and the addition will be given a uniform appearance by the
application of pre-painted metal cladding, that the addition will be so
constructed and used as to prevent the transmission of noise or
vibration outside of the building, and confirming the parking to be
provided.
19.6.3 CG-3 Zone (43 Main Street, Ward of Picton)
i.
ii.
A additional permitted use of the property shall be a life skills centre
and teaching facility for developmentally handicapped adults.
A Site Development Agreement shall be concluded and entered into
between the County and the owners of the property providing that the
use detailed in paragraph (i) preceding shall be operated on a
leasehold basis only and confirming the parking and access to be
provided.
19.6.4 CG-4 Zone (Tip of Bay Hotel and Marina, Ward of Picton)
i.
1.
A marina and accessory uses including fuelling facilities
2.
The existing guest rooms for the lodging and board of
permanent guests which existed on the date of passing of this
by-law subject to the following limitations:
October 23, 2006
a.
b.
c.
d.
e.
329
The maximum number of guest rooms used for
permanent guests shall be fifteen (15).
Each single guest room shall accommodate a maximum of
one (1) permanent guest.
Each double guest room shall accommodate a maximum
of two (2) permanent guests.
The maximum total number of permanent guests
accommodated in the fifteen guest rooms referred to in
subsection a. shall be nineteen (19).
Permanent guests shall not be persons requiring regular
medical or nursing care nor persons requiring special care
or assistance of any kind.
19.6.5 CG-5 Zone (Mid Town Motors, King Street, Ward of Picton)
i.
ii.
A motor vehicle sales establishment existing on the date of passing of
this by-law shall be permitted in addition to all other uses permitted in
the General Commercial (CG) Zone.
Open storage shall be permitted in any yard in the CG-5 Zone,
provided that it is limited to the outside display of new or used motor
vehicles, in good repair, for the purpose of their sale or rent to the
general public.
19.6.6 CG-6 Zone (995573 Ontario Ltd./Hennessy, Ward of Picton)
i.
ii.
iii.
1.
Clinics or offices of medical practitioners
3.
A provincial court facility
4.
Uses accessory to the foregoing
Minimum front yard
0.91 m (3.0 ft.)
Minimum side yard, northerly limit
0 m (0 ft.)
19.6.7 CG-7 Zone (McQuaid, Ward of Picton)
i.
ii.
iii.
iv.
The dwelling existing on the date of passing of this by-law shall be an
additional permitted use.
Minimum front yard adjoining Head Street
3.35 m (10.99 ft.)
Minimum rear yard
3.05 m (10.06 ft.)
For the existing dwelling, the minimum front yard
October 23, 2006
v.
330
adjoining Bridge Street and the minimum side yard
adjoining Head Street shall be
0 m (0 ft.).
Minimum number of off-street parking spaces
5
19.6.8 CG-8 Zone - deleted (Technical Cleanup By-law No. 2952-2011)
19.6.9 CG-9 Zone (Merrill Inn, Ward of Picton)
i.
The only permitted use is an hotel/inn, in the existing building, with a
maximum of fifteen (15) guest rooms, a meeting room, catering
kitchen and a restaurant.
19.6.10 CG-10 Zone (97 Bridge Street, Lot 1077, Plan 24, Ward of
Picton) old C2-25
i.
ii.
iii.
1.
A hotel/inn
2.
A health club
3.
The marina facilities existing on the date of passing of this Bylaw and any future alterations or improvements thereto
No additional buildings or structures shall be permitted in the existing
front yard.
R.S.O., 1990 shall apply to the lands zoned CG-10.
19.6.11 CG-11 Zone (Lavender Funeral Home Parking Lot, Lot 263, Plan
i.
A parking lot shall be the only permitted use.
19.6.12 CG-12 Zone (Ward of Hallowell)
i.
The only permitted uses on the lands zoned CG-12 shall be a real
estate office and an accessory dwelling house / unit.
October 23, 2006
331
19.6.13 CG-13 Zone (Brown, Pt. Lot 64, Gerow Gore, Ward of Hallowell)
contrary, on the lands zoned CG-13 Zone, the following special provisions
shall apply:
i..
ii.
iii.
iv.
The permitted uses shall be limited to:
1.
Permitted Residential Uses:
i)
2.
The permitted Commercial Uses shall be limited to:
i)
Business, Professional or Administrative office
ii)
Service Shop, Merchandise
iii)
Service Shop, Personal
iv)
Public Use
v)
Retail Commercial Establishment
vi)
Small engine sales and service establishment
vii)
Mobile Restaurant
Any commercial uses shall be located completely within a building
existing on the date of the passing of this by-law, save and except a
mobile restaurant.
Maximum Gross Floor area for all commercial
uses (except a mobile restaurant)
125 m2 (1345 ft2)
The requirements of Section 19.4, regarding servicing requirements, of
Zoning By-law 1816-2006 shall not apply.
All other provisions of the CG Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned CG-13.
19.6.14 CG-14 Zone (Garry Lavender Funeral Home and Furniture Ltd.,
288 Noxon Avenue,Part Lot 274, Plan 8, Wellington Ward)
contrary, on the
lands zoned CG-14 the following special provisions shall
apply:
(i)
The permitted non-residential uses shall be limited to a funeral home.
(ii)
Percentage of lot coverage (Maximum)
66%
(iii)
Percentage of landscaped open space (Minimum)
20%
(iv)
A minimum of 19 lined parking spaces, including 1 signed barrier free
space, shall be required for the uses permitted in CG-14 zone, and
provided in an offsite parking area on adjacent lands zoned CG-11.
(v)
Number of barrier free spaces with required signage located at 288
Noxon Ave.
October 23, 2006
332
Minimum
0 Spaces
(vi)
Number of loading spaces (Minimum)
0 Spaces
(vii)
Number of onsite parking spaces located at 288 Noxon Avenue
(Minimum)
2 Spaces
(viii) Lands located at 288 Noxon Avenue, shall be exempt from Sections
4.14.1 & 4.14.2 of By-law No. 1816-2006.
(ix)
c.P.13, as amended relating to Site Plan Control shall apply to the
lands zoned CG-14.
All other provisions of the CG Zone and By-law No. 1816-2006, as amended,
19.6.15 CG-15 Zone (Shirley Harrison, Part of Lots 1049 and 1050, Plan 24,
Ward of Picton) (Amending By-law No. 2922-2011)
contrary, on the lands zoned CG-15 the following special provision shall
apply:
(i)
a. Retail commercial establishment
b. Restaurant
c. Business, Professional or Administrative Offices
d. Dry cleaning distribution station
e. Personal service shop
f. Merchandise service shop
g. Laundromat; and
h. Uses normally incidental and accessory to the foregoing.
(ii)
A dry cleaning establishment shall not be permitted.
(iii)
(iv)
zoned CG.15.
All other provisions of the CG Zone and By-law No. 1816-2006, as amended
October 23, 2006
SECTION 10
333
LOCAL COMMERCIAL (CL) ZONE
No person shall within any Local Commercial (CL) Zone use any land or erect, alter
or use any building or structure except in accordance with the following provisions:
20.1.1
convenience store
20.1.2
20.1.3
restaurant
20.1.4
bank or financial institution
20.1.5
business and professional office, not including medical clinic
20.1.6
laundromat on municipal sewer and water service only
20.1.7
4.23 of this By-law
20.1.8
20.2.1
20.2.2
20.2.3
20.2.4
home business
20.3.1
i.
ii.
iii.
20.3.2
1.
Minimum Lot Area
Municipal sewer and water service
465 m2 (5,000 ft.2)
Municipal water and private sewage service 0.4 ha (1 ac.)
Private water supply and sewage service
0.4 ha (1 ac.)
15 m (50 ft.)
October 23, 2006
2.
3.
334
Municipal water and private sewage service 45 m (150 ft.)
45 m (150 ft.)
20.3.3
Minimum Front Yard
7.5 m (25 ft)
20.3.4
7.5 m (25 ft.)
20.3.5
2.0 m (6.56 ft.)
20.3.6
Minimum Rear Yard
7.5 m (25 ft.)
20.3.7
35 %
20.3.8
35%
20.3.9
9 m (30 ft)
20.3.10
reconstruction, rebuilding or renovation of structures in the Local Commercial
(CL) Zone. In the case of rebuilding or reconstruction, where the former
building encroached on the street line, the existing street line shall be the
new building line.
20.3.11
i.
ii.
iii.
Maximum number of dwelling units per lot
Municipal water and private sewage service 1
1
20.3.12
i.
ii.
iii.
iv.
Bachelor Unit
One Bedroom Unit
Two Bedroom Unit
46
55
60
65
3
m2
m2
m2
m2
(495.2 sq. ft.)
(592 sq. ft.)
(645.9 sq. ft.)
(699.7 sq. ft.)
LOADING PROVISIONS
of any land, building or structure permitted within the Local Commercial (CL)
20.6 SPECIAL LOCAL COMMERCIAL (CL) ZONES
October 23, 2006
335
20.6.1 CL-1 Zone (271/273 Main Street (formerly 65/67 Main Street)
Ward of Bloomfield)
Notwithstanding any provisions of this By-law to the contrary, within the CL1 Zone, the following provisions shall apply:
i.
A maximum of two dwelling units located above the first storey of a
Local Commercial use
ii.
iii.
iv.
Minimum lot area
Minimum side yard
Minimum front yard
2
982 m (10,570 sq. ft.)
1.83 m (6.0 ft.)
2.77 m (9.0 ft.)
20.6.2 CL-2 Zone (280 Main (formerly 50 Main) Street, Ward of
Bloomfield)
i.
Permitted Uses
1.
2.
ii.
Commercial uses which are of a low water consumption nature,
consisting of one or a combination of the following uses:
a.
retail commercial uses
b.
business/professional offices
c.
service shops
d.
convenience store
e.
food store
f.
bank, financial institution or loan company
One dwelling unit in a portion of a commercial building
1.
2.
3.
4.
2
Minimum Lot Area
665 m (7,158 sq. ft.)
12.2 m (40 ft.)
A minimum of four (4) parking spaces shall be provided on the
site.
The building and septic system existing at the date of passing of
this By-law, and any future additions and/or improvements
thereto is a permitted use provided that the existing front and
west and east interior side yards are not further reduced.
20.6.3 CL-3 Zone (Morden, 284 Main St. Ward of Bloomfield)
i.
Permitted Uses
October 23, 2006
336
1.
2.
3.
4.
5.
ii.
Barber Shop/Beauty Shop
Business or Professional Office
Retail commercial establishment
Service Shop
A one-bedroom dwelling unit, in a portion of a commercial
building
2
1.
2.
3.
4.
5.
Minimum Lot Area
1178 m (2960 sq. ft.)
10.9 m (36 ft.)
Minimum Front Yard
1.8 m (6 ft.)
Minimum Side Yard
0 m (0 ft.)
Maximum commercial floor area per floor 185 m2 (1991 sq. ft.)
6.
Minimum Dwelling Unit Floor Area
2
51 m (550 sq. ft.)
20.6.4 CL-4 Zone (The Chase Gallery, Ward of Bloomfield)
i.
ii.
Permitted Uses
1.
Barber Shop/Beauty Shop
2.
Business or Professional Office
3.
4.
Service Shop
5.
A one-bedroom dwelling unit, in a portion of a commercial
building
2
1.
2.
3.
4.
5.
6.
Minimum
Minimum
Minimum
Minimum
Minimum
Minimum
7.
8.
9.
Minimum Dwelling Unit Floor Area
53 m (575 sq. ft.)
A minimum of one (1) off street parking space shall be provided
for the dwelling unit
No off street parking or loading spaces are required for the
permitted commercial uses.
10.
Lot Area
377.5 m (4,065 sq. ft.)
Lot Frontage
9.0 m (29 ft)
Front Yard
0 m (0 ft.)
Side Yard for existing building
0 m (0 ft.)
Side Yard for accessory building
1.5 m (5 ft.)
Rear Yard
24.9 m (82 ft.)
2
68.3 m (735 sq. ft.)
2
20.6.5 CL-5 Zone (Wayne Carruthers, Lot 102, Registered Plan No. 2,
Ward of Bloomfield)
October 23, 2006
i.
ii.
337
Permitted Uses
1.
a restaurant with a maximum of 10 seats for patrons, provided
that no curb service or drive in service is provided
2.
3.
service shop
4.
a bank, financial institution or loan company
5.
business or professional office
6.
one accessory dwelling unit
2
1.
2.
3.
4.
5.
Minimum
Minimum
Minimum
Minimum
Minimum
6.
7.
Minimum Accessory Dwelling Unit Floor Area 92.9 m (1,000 sq.
ft.)
A minimum of five (5) off street parking space shall be provided
on the site
A minimum 1.82 m (6 ft) high wooden privacy fence shall be
established and maintained along the north property line and
the northerly half of the east property line, except as required to
accommodate vehicular or pedestrian safety.
A minimum 1.2 m (4 ft.) high wooden fence shall be established
and maintained along the southerly half of the east lot line.
A landscaped buffer area having a minimum width of 1.5 m (5
ft) shall be provided and maintained along the north and east
property lines adjacent to any parking or driveway area.
8.
9.
10.
11.
Lot Area
882 m (9,500 sq. ft.)
Lot Frontage
24.3 m (82 ft.)
Exterior Side Yard
4.25 m (14 ft.)
Side Yard for accessory building
1.5 m (5 ft.)
Rear Yard
24.9 m (82 ft.)
2
127.7 m (1,357 sq. ft.)
2
20.6.6 CL-6 Zone (Kyle Evans, Part of Lots 36 and 37, Registered Plan
No. 2, Ward of Bloomfield)
i.
Permitted Uses:
1.
a restaurant containing a maximum of 30 seats for patrons
located in the main building and/or the detached coach house,
and which may include seating that is provided in an outdoor
patio, provided that no curb service or drive in service is
provided.
2.
located in the main building and/or the detached coach house,
2
to a maximum combined gross floor area of 139.35 m (1,500
sq. ft.), consisting of one or a combination of the following uses:
a.
b.
October 23, 2006
ii.
338
c.
bank, trust company or other financial institution
d.
service shop
3.
Residential uses shall not be permitted
Regulations for Permitted Uses:
1.
2.
3.
4.
5.
6.
7.
2
Minimum Lot Area
483 m (5,200 sq. ft.)
11.58 m (38 ft.)
Minimum Front Yard
1.13 m (3.7 ft)
Minimum East Side Yard
a.
Main Building
0.55 m (1.8 ft.)
b.
Accessory Building
0.30 m (1.0 ft.)
Minimum West Side Yard
a.
Main Building
0.9 m (3.0 ft.)
b.
Accessory Building
5.6 m (18.4 ft.)
Minimum Rear Yard
a.
Main Building
21.34 m (70.0 ft.)
b.
Accessory Building
10.97 m (36.0 ft.)
Maximum combined gross floor area for permitted low water
consumption commercial uses (not including permitted
2
8.
restaurant) shall be 139.35 m (1,500 sq. ft.)
Maximum gross floor area for a restaurant (excluding accessory
outdoor patio space) with seating for a maximum of 30 patrons
2
9.
10.
shall be 60 m (645 sq. ft.)
A minimum of three (3) parking spaces shall be provided on the
site;
A 1.52 m (5 ft.) high wooden privacy fence and landscaped
buffers shall be provided and maintained along the westerly and
northerly property boundaries of the rear yard, except as
required to accommodate vehicular and pedestrian safety.
20.6.7 CL-7 Zone (Bill and Carol Roberts, Part Lots 30, 33 and 39, Plan No.
2, Ward of Bloomfield)
i.
Permitted Uses
1.
a restaurant containing a maximum of 16 seats for patrons,
which may include seating that is provided in an outdoor patio,
provided that no curb service or drive in service is provided.
2.
located in the main building and/or a detached accessory
building, consisting of one or a combination of the following
uses:
a.
b.
c.
service shop
October 23, 2006
339
3.
ii.
One (1) single detached dwelling or one (1) dwelling unit in a
portion of a commercial building
4.
a bed and breakfast establishment operating within a single
detached dwelling
1.
2.
3.
4.
5.
2
Minimum Lot Area
1,626 m (17,500 sq. ft.)
22.9 m (75 ft)
Minimum Front Yard
4.88 m (16.0 ft.)
Minimum East Side Yard for an accessory building 0 m (0 ft.)
A minimum of three (3) parking spaces shall be provided on the
site
20.6.8 CL-8 Zone (Tammy Love, Lot 103, Registered Plan No. 2, Ward
of Bloomfield)
i.
ii.
Permitted Uses
1.
Business or professional office
2.
A retail commercial establishment
3.
One (1) accessory dwelling unit to the permitted commercial
uses
1.
25 m (85 ft.)
2.
25%
2
iii.
3.
Minimum Parking space size
16.25 m (175 sq. ft.)
R.S.O., 1990, as amended shall apply to the lands zoned CL-8.
20.6.9 CL-9 Zone (Smith Chiropractic, Ward of Picton)
i.
ii.
iii.
A permitted use of the existing single detached dwelling shall be one
chiropractor's office on the first floor together with one dwelling unit
on the second floor.
A driveway entrance from Mary Street shall be constructed together
with a parking area in the rear of the existing building providing a
minimum of six parking spaces.
Suitable perimeter planting shall be provided to screen effectively the
parking area from the adjoining properties.
October 23, 2006
340
20.6.10 CL-10 Zone (Scott’s Store, Ward of Picton)
i.
ii.
Minimum rear yard
1.2 m (3.93 ft.)
The side yard buffer strip along the easterly limit of Lot 745 shall have
a minimum width of 1.7 m (5.57 ft.).
iii.
One single detached dwelling having a minimum floor area of 85 m
(914.9 sq. ft.) shall be the only permitted residential use.
The only driveway access to the property shall be the existing
driveway from Mary Street West adjoining the easterly limit of Lot
745.
iv.
2
20.6.11 CL-11 Zone (Hancock/Grier, Ward of Picton)
i.
A retail sports equipment store together with uses accessory to it shall
also be permitted.
20.6.12 CL-12 Zone (County Water Bottling Company, Ward of South
Marysburgh)
i.
1.
a commercial motor vehicle repair garage
2.
a water bottling and ice making plant
20.6.13 CL-13 Zone (Part of Block C, Plan No. 1, Milford, Ward of South
Marysburgh)
i.
The only permitted non-residential uses shall be a second hand shop,
including furniture stripping, repair and refinishing.
ii.
Minimum lot area
2
1,579 m (17,000 sq. ft.)
20.6.14 CL-14 Zone (Lot 3, Plan No. 1, Milford, Ward of South
Marysburgh)
October 23, 2006
i.
ii.
iii.
iv.
v.
vi.
341
The uses permitted on lands zoned CL-14 shall be located within the
two buildings existing on the date of passing of this by-law and any
future improvements thereto, provided that existing building
envelopes are maintained.
Permitted uses shall be limited to one or a combination of the following
uses:
1.
A restaurant containing a maximum of 14 seats for patrons.
2.
a.
Antique shop
b.
Retail commercial uses
c.
Business and/or professional offices
3.
One single detached dwelling
Minimum lot area
0.2 ha (0.5 ac.)
30.5 m (100 ft)
A minimum of six (6) parking spaces shall be provided on the site.
No loading space shall be required.
20.6.15 CL-15 Zone (Part Lot 3, Concession 1 South Side East Lake,
Ward of Athol)
i.
ii.
iii.
iv.
v.
Minimum lot area
0.10 ha (0.24 ac.)
20.4 m (66.9 ft.)
3.6 m (11.8 ft.)
No parking spaces shall be required on the site.
No loading space shall be required on the site.
20.6.16 CL-16 Zone (Ward of Hillier)
i.
Permitted Uses
1.
One single detached dwelling
2.
A retail commercial establishment in a building separate from
the single detached dwelling, in which only the sale of crafts and
antique collectibles, as well as the restoration and sale of
antique furniture is conducted. The restoration of said furniture
will not include the process of "stripping" the original finish off
the furniture on site. The sale and storage of said goods shall
be strictly contained within the existing commercial building.
October 23, 2006
ii.
1.
Minimum lot area
2.
3.
4.
342
0.73 ha (1.8 ac.)
106.0 m (347.7 ft.)
2
Maximum commercial floor area
206.7 m (2,225 sq. ft.)
The front lot line shall mean the line dividing the lot from the
Township Road, known locally as the Willow Springs Road.
20.6.17 CL-17 Zone (Part of Lots 1 & 22, Concession South East Carrying
i.
Permitted Uses shall be limited to the following:
1.
Conveniences store
2.
Property management office and accessory storage facility
3.
Mail drop-off and pick-up facility
4.
Open storage, accessory to the permitted uses
1.
3.0 m (10 ft.)
2.
3.0 m (10 ft.)
3.
Minimum rear yard
5.0 m (16.4 ft.)
4.
Maximum gross floor area for management office
ii.
2
iii.
and accessory storage facility
185.8 m (2,000 sq. ft.)
5.
50 %
Provisions for Open Storage
1.
Every open storage use shall be accessory to the use of the
main building on the lot.
2.
An open storage use shall only be permitted in a rear yard.
3.
No open storage use shall cover more than 35 % of the lot area.
4.
Open storage shall be exempt from any screening or fencing
requirement.
20.6.18 CL-18 Zone
Available
20.6.19 CL-19 Zone (Part of Lot 35, 36 & 53, Plan No. 2, Consecon, Ward of
Ameliasburgh)
i.
1.
2.
2
A restaurant having a maximum gross floor area of 70 m
(753.49 sq. ft.)
A retail store
October 23, 2006
ii.
iii.
iv.
343
3.
A personal service shop
4.
A professional office
5.
An artist studio
All uses shall be serviced by a piped municipal water supply.
An accessory dwelling unit shall not be permitted.
1.
2.
3.
4.
2
Minimum lot area
1000 m (10,764 sq ft.)
15 %
Minimum number of required loading spaces
0
Minimum number of required on-site
parking spaces
8
20.6.20 CL-20 Zone (Prince Edward Square, Rossmore, Ward of
Ameliasburgh) (Amending By-law No. 2464-2009)(Amending Bylaw No. 3180-2013) (Amending By-law No. 3246-2013)
i.
1.
a business, professional or administrative office
2.
a restaurant, including a drive thru
3.
a retail commercial establishment
4.
a convenience store
5.
a food store
6.
a personal service shop
7.
a merchandise service shop
8.
a bank, trust company or other financial institution
9.
a medical or dental clinic
10.
a veterinary clinic
11.
a gasoline retail facility
12.
a motor vehicle service station
13.
a low water consumption motor vehicle washing establishment
14.
a laundromat
15.
a drive thru and/or kiosk accessory to the above uses
16.
uses accessory to the above
ii.
iii.
The commercial uses shall be permitted on a stand-alone basis or
within a commercial plaza.
iv.
For the purposes of calculating minimum parking space requirements,
1 space for every 18m2 of gross floor area shall be provided.
v.
October 23, 2006
344
vi.
Open storage of goods and materials shall not be permitted.
All other provisions of the CL Zone and the Special L-20 Zone and By-law No.
1816-2006, as amended, shall apply to the lands zoned CL-20.
20.6.21 CL-21 Zone (Rossmore, Ward of Ameliasburgh)
i.
ii.
iii.
iv.
v.
1.
a business or professional office
2.
a restaurant which provides take out service only
3.
4.
a personal service shop
5.
Open storage of goods and materials shall not be permitted.
2
Maximum gross floor area of individual buildings 1070 m (11,517.7
sq. ft.)
20.6.22 CL-22 Zone (Part of Lot 68, Concession 3, Ward of
Ameliasburgh)
i.
1.
2.
one (1) accessory dwelling unit
ii.
iii.
Minimum lot area
2
1500 m (16,146.3 sq. ft.)
30 m (98.4 ft.)
20.6.23CL-23 Zone (282 Main Street, Lots 31 & 32, Registered Plan No.
2, Ward of Bloomfield)
i.
The permitted uses shall be limited to commercial uses of a low water
consumption nature, consisting of one or a combination of the
following uses:
1.
Business and professional offices
2.
3.
A convenience store
4.
Service shops
5.
A bank, financial institution or loan company
October 23, 2006
ii.
345
1.
2.
3.
4.
5.
6.
2
Minimum Lot Area
557.0 m (5,995.6 sq. ft.)
12.0 m (39.3 ft.)
Minimum Front Yard
0.6 m (1.9 ft.)
Minimum Side Yard
2.4 m (7.87 ft.)
A minimum of two (2) off street parking spaces shall be
provided.
The shed existing at the date of passing of this By-law and any
future improvements thereto is a permitted use provided the
existing setbacks from the side and rear lot lines are not further
reduced.
20.6.24 CL-24 Zone (288 Main Street, Part of Lots 28, 29 & 30, Registered
Plan No. 2, Ward of Bloomfield)
i.
ii.
The permitted uses shall be limited to commercial uses of a low water
consumption nature, consisting of one or a combination of the
following uses:
1.
Retail commercial uses
2.
3.
A convenience store
4.
Service shops
5.
A food store
6.
A bank, financial institution or loan company
7.
A barber shop/beauty shop limited to a floor area of 500 sq. ft.
within the existing building. (Added by By-law # 1280-2004)
1.
2.
3.
4.
5.
6.
20.6.25
2
Minimum Lot Area
1,100.0 m (11,480.6 sq. ft.)
15.0 m (50.0 ft.)
Minimum Front Yard
3.6 m (12.0 ft.)
Minimum Interior West Side Yard
3.0 m (10.0 ft.)
(changed by By-law #1280-2004)
Minimum Interior East Side Yard 3
.0 m (10.0 ft.)
A minimum of 16 off street parking spaces shall be provided.
CL-25 Zone (Part of Lots 2 and 3, Plan No. 1, Milford, Ward of
South Marysburgh)
i.
ii.
iii.
Permitted uses shall include an antique business including retail sales
Minimum front yard, existing structure
0 m (0 ft.)
East interior side yard, existing structure
0 m (0 ft.)
October 23, 2006
iv.
v.
vi.
West interior side yard, existing structure
Minimum off-street parking requirement
Minimum loading space requirement
346
1.5 m (5 ft.)
3 spaces
0 spaces
20.6.26 CL-26 Zone (Macaulay Village, Ward of Hallowell)
Notwithstanding any provisions of this by-law to the contrary, within the CL26 zone the following provisions shall apply:
i.
1.
convenience store up to a maximum of 170 sq. m. (558 sq. ft.)
total floor area
2.
restaurant
3.
service shop, personal
4.
medical or dental clinic
20.6.27 CL-27 Zone (Part of Lot 2, Concession South Side East Lake, North
side of County Road 10, Ward of Athol)
Notwithstanding the provisions of this by-law to the contrary, within the CL27 zone, the following provisions shall apply:
i.
An additional permitted non-residential use shall be a retail
commercial establishment
20.6.28 CL-28 Zone (Existing Funeral Homes, Ward of Picton)
i.
An additional permitted non-residential use shall be a funeral home
20.6.29 CL-29 Zone (Deroche Sports Store, 376 Main Street, Ward of
Picton)
i.
A retail sports equipment store, together with uses accessory thereto,
shall be permitted uses in addition to the uses permitted in the CL
Zone.
20.6.30 CL-30 Zone (Forbes & Nussey, Ward of Bloomfield)
October 23, 2006
i.
ii.
iii.
iv.
v.
vi.
347
The uses permitted in the CL-30 Zone shall be limited to the
following:
1.
commercial uses which are of a low water consumption nature,
retail commercial uses
service shops
a convenience store
a food store
a bank, financial institution or loan company
Minimum lot area
557 sq m (6,000 sq ft)
12.1 m (40 ft)
0.6 m (2 ft)
Minimum side yard width
2.4 m (8 ft)
A minimum of two (2) parking spaces shall be provided on the site.
October 23, 2006
348
SECTION 21 HIGHWAY COMMERCIAL (CH) ZONE
No person shall within any Highway Commercial (CH) Zone use any land or erect,
provisions:
21.1.1
antique shop
21.1.2
motel, motor hotel or hotel
21.1.3
motor vehicle dealership or a motor vehicle sales lot
21.1.4
recreational vehicle sales and service establishment
21.1.5
21.1.6
automatic or coin operated motor vehicle wash establishment, on full
municipal services only
21.1.7
motor vehicle fuel bar
21.1.8
motor vehicle service station
21.1.9
farm and garden machinery sales and service establishment
21.1.10
swimming pool sales and display
21.1.11
fruit and vegetable market
21.1.12
garden and nursery sales and supply establishment
21.1.13
restaurant, including take out, drive thru and mobile restaurant
21.1.14
food store
21.1.15
light equipment sales and service establishment
21.1.16
brew-your-own beer and wine establishment, on full municipal services
only
21.1.17
miniature golf course
21.1.18
veterinary clinic
October 23, 2006
349
21.1.19
building supply outlet
21.1.20
4.23 of this By-law
21.1.21
non-residential uses, including the sale of pre-filled propane tanks
21.2.1
one single detached dwelling or one dwelling unit as an accessory use
to any of the permitted non-residential uses except uses involving the
sale of gasoline or other similar petroleum products.
21.2.2
home business
21.2.3
residential uses
21.3.1
i.
ii.
iii.
21.3.2
i.
Minimum Lot Area
740 m2 (8,000 ft.2)
0.8 ha (2 ac.)
25 m (80 ft.)
21.3.3
Minimum Front Yard
15 m (50 ft.)
21.3.4
15 m (50 ft)
21.3.5
7.5 m (25 ft.)
21.3.6
Minimum Rear Yard
7.5 m (25 ft.)
21.3.7
30%
21.3.8
35%
21.3.9
10.5 m (35 ft.)
21.3.10
Light standards, fuel pump islands, support columns for an overhead
canopy, and fuel pumps may be located no closer than 6 m
ii.
iii.
60 m (196.9 ft.)
October 23, 2006
350
(19.69 ft) from any street line provided they are not located within
any required sight triangle.
LOADING PROVISIONS
of any land, building or structure permitted within the Highway Commercial
(CH) Zone shall apply and be complied with.
21.5 SPECIAL HIGHWAY COMMERCIAL (CH) ZONES
21.5.1 CH-1 Zone (Prinzen Ford, 50 Main Street, Ward of Bloomfield)
Notwithstanding any provisions of this By-law to the contrary, within the CH1 Zone, the following provisions shall apply:
i.
Permitted Uses
1.
Motor vehicle dealership
2.
Motor vehicle body shop
21.5.2 CH-2 Zone (Angeline’s Restaurant & Motel, 433 Main Street,
Ward of Bloomfield)
i.
ii.
Permitted Uses
1.
Motel
2.
Restaurant
3.
An accessory dwelling unit to be occupied by the owner,
caretaker or other similar persons employed on the lot on which
the dwelling unit is located.
1.
49.8 m (163.4 ft.)
2.
Minimum Front Yard
13.1 m (43 ft.)
3.
Minimum West Side Yard
1.7 m (5.6 ft.)
4.
4.08 m (13.4 ft.)
21.5.3 CH-3 Zone (565 Main (formerly 69 Stanley West) Street, Ward
of Bloomfield)
October 23, 2006
i.
ii.
Permitted Uses
1.
Kennel
2.
1.
2.
3.
Minimum Lot Area
Minimum Front Yard
Minimum Side Yard
351
2
1,718 m (18,500 sq. ft.)
4.4 m (14.5 ft.)
3.8 m (12.5 ft.)
21.5.4 CH-4 Zone (76 Main (formerly 148 Stanley West) Street, Ward
of Bloomfield)
i.
ii.
1.
Sales establishment for the retail sale of log homes
1.
Minimum Front Yard
9.0 m (30.0 ft.)
2.
Minimum Side Yard
4.57 m (15.0 ft.)
21.5.5 CH-5 Zone (8 Wellington Street, Ward of Bloomfield)
i.
1.
34.0 m (111.5 ft.)
2.
Dining facilities shall be for the exclusive use of overnight guests
of the motel only.
3.
The Site Plan Control provisions of Section 41 of the Planning
Act, R.S.O., 1990, as amended shall apply.
21.5.6 CH-6 Zone (57 Main (formerly 161 Main) Street, Ward of
Bloomfield)
i.
1.
2.
Minimum Rear Yard
1.67 m (5.5 ft.)
2.37 m (7.8 ft.)
21.5.7 CH-7 Zone (Lot 168, Registered Plan No. 2, Ward of Bloomfield)
October 23, 2006
i.
ii.
352
Permitted Uses:
1.
Farm produce sales outlet
2.
Medical or dental clinic
3.
Restaurant, including drive-in or curb service
4.
Place of entertainment
5.
A retail establishment for the sale and service of motor vehicles,
motor vehicle parts, boats and farm equipment
6.
Parking lot
7.
Woodworking shop with accessory retail sales
8.
Artist’s shop with accessory retail sales
9.
Museum
10.
Antique shop
11.
Furniture store
12.
Instructional studio
13.
Garden sales and supply establishment
14.
A dwelling unit in a portion of a commercial building permitted
above, if occupied by the owner, caretaker, watchman or other
similar person employed on the lot on which such dwelling unit
is located, except that in the case of a parking lot, no dwelling
unit shall be permitted.
Provisions for Permitted Uses:
1.
Minimum Lot Area
1.2 ha (2.96 ac.)
2.
20 %
3.
The buildings existing on the date of passing of this by-law are a
permitted use provided that the existing front yard setback and
interior side yard setback are not further reduced.
21.5.8 CH-8 Zone (Laurie, Part Lots 120 & 121, Registered Plan No. 2,
Ward of Bloomfield)
i.
2
Minimum Lot Area
1,765 m (19,000 sq. ft.)
21.5.9 CH-9 Zone (Jiffy Mini-Mart, Lot 9 and Part of Lot 8, Registered Plan
No. 8, Ward of Wellington)
i.
The only uses permitted shall be a convenience store, a laundromat, a
snack bar and a motor vehicle gasoline bar.
ii.
iii.
iv.
Minimum lot area
1,765 m (18,998.9 sq. ft.)
Minimum side yard, westerly lot line
1.5 m (4.92 ft.)
The minimum front yard requirement shall not apply to the motor
vehicle gasoline bar.
2
October 23, 2006
353
v.
One loading space and one standby loading space shall be required.
vi
Minimum parking space area
2
15 m (161.4 sq. ft.)
21.5.10 CH-10 Zone (Black Prince Winery, Part of Lot 20, Concession
i.
ii.
iii.
The permitted shall be limited to the following:
1.
A winery, including wine tasting, storage, display, processing,
administrative facilities and accessory retail sales;
2.
A vineyard;
3.
An accessory single detached dwelling;
4.
A business and professional office; and
5.
foregoing.
Minimum front yard
15.24 m (50.0 ft.)
c.P.13, as amended, relating to Site Plan Control shall apply.
21.5.11 CH-11 Zone
Available
21.5.12 CH-12-H Zone (Daimler Retirement Parks Limited, Ward of
Wellington)
i.
ii.
Permitted Uses
1.
Convenience store
2.
Restaurant
3.
Medical clinic
1.
The combined total gross floor area for the permitted
commercial uses shall not exceed 1,301 m2 (14,000 sq. ft),
provided that the maximum gross floor area for each of the
permitted uses shall be as follows:
a.
Convenience store
240 m2 (2583 sq. ft)
b.
c.
2.
Restaurant
Medical clinic
2
240 m (2583 sq. ft.)
2
i.
Phase 1
480 m (5166 sq. ft.)
ii.
Phase 2
321 m2 (3350 sq. ft)
A landscaped strip not less than 3 m (9.84 ft) shall be provided,
forming part of the front yard adjacent to Prince Edward Drive,
October 23, 2006
3.
354
the side yard adjacent to Main Street, and the rear yard
adjacent to the east property line. The landscaping strip shall
be graded, sodded and/or seeded and planted with trees,
shrubs, and /or flowers and the vegetation shall be maintained
in a healthy growing condition.
Development Agreement with the County, which agreement
shall address all municipal requirements, financial and
otherwise, including but not limited to:
a.
The completion of a detailed traffic study to the
satisfaction of council and the provisions of any works
deemed necessary to implement the recommendations of
said study; and
b.
The completions of a detailed Stormwater management
report to the satisfaction of council and Quinte
Conservation and the provision of any works deemed
necessary to implement the recommendations of said
study.
21.5.13 CH-13 Zone (Paul Botts, 2052 County Rd. 18, Part of Lot F,
Concession North Side East Lake, Ward of Athol) (Amending Bylaw No. 2336-2008)
contrary, on the lands zoned CH-13 the following special provisions shall
apply:
i.
ii.
In addition to the uses permitted in the CH Zone a Farm Produce
Outlet and a Bicycle Rental Establishment shall also be permitted uses.
Lot Area (Minimum)
0.3 ha (0.74 ac)
All other provisions of the CH Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned CH-13.
21.5.14 CH-14 Zone (Part Lot 8, Concession 1 Lakeside, Ward of
Hillier)
i.
ii.
In addition to the uses permitted in the CH Zone, a food processing
machinery and equipment sales establishment shall also be a
permitted non-residential use and may include facilities for the repair
and maintenance of such machinery and equipment.
Minimum lot area
1.5 ha (3.7 ac.)
October 23, 2006
355
21.5.15 CH-15 Zone (Part of Lot 8, Concession 1, Lakeside, Ward of
Hillier)
i.
ii.
iii.
The only permitted use shall be a small engine and farm equipment
sales and service shop.
Minimum lot area
0.5 ha (1.2 ac)
4.8 m (16.0 ft.)
21.5.16 CH-16 Zone (Part of Lot 7, Concession 3, Military Tract, Ward of
Hallowell)
i.
The only permitted non-residential uses shall be a woodworking shop
and an accessory retail outlet.
21.5.17CH-17 Zone (Part Lot 21, Concession 2 Military Tract, Ward of
Hallowell)
i.
ii.
iii.
Permitted non-residential uses:
1.
Motor vehicle sales and rental establishment
2.
Bus terminal and depot and accessory repair facility
3.
Recreational establishment
Residential uses are prohibited
For the purposes of this subsection, a recreational establishment shall
mean a building, used or intended to be used for a swimming pool,
health club, athletic club or a similar use.
21.5.18 CH-18 Zone
Available
21.5.19 CH-19 Zone (Part of Lot 17, Concession 3, Military Tract, Ward
of Hallowell)
i.
ii.
iii.
Minimum lot area
Minimum rear yard
0.32 ha (0.79 ac.)
38.0 m (124.6 ft.)
3.0 m (9.8 ft.)
October 23, 2006
356
21.5.20 CH-20 Zone (Part Lots 15 & 16, Concession East Hallowell Bay,
Ward of Hallowell)
i.
ii.
ii.
iv.
Non-residential uses shall be limited to the following:
1.
A tea room
2.
A gift shop
Minimum lot area
0.40 ha (0.98 ac.)
Minimum front yard
9.1 m (29.8 ft.)
7.6 m (24.9 ft.)
21.5.21 CH-21 Zone (Part of Lot 23, Concession 3, Military Tract, Ward
of Hallowell)
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
front yard
interior side yard
0.12 ha (0.29 ac.)
30.0 m (98.4 ft.)
7.3 m (23.9 ft.)
6.4 m (20.9 ft.)
21.5.22 CH-22 Zone (No Frills, Part of Lot 21, Concession 3, Military Tract,
Ward of Hallowell)
i.
ii.
The only permitted uses shall be a supermarket and a gas bar.
The maximum total gross floor area of a supermarket shall not exceed
iii.
5,110 m (55,000 sq. ft.)
The gross floor area devoted to retail sales, exclusive of accessory
non-food department and non-leasable floor area shall not exceed
iii.
2,277 m (30,000 sq. ft.)
Accessory non-food departments other than seasonal garden sales,
shall have no independent exterior access and shall be limited to a
2
2
2
iv.
maximum of 2,323 m (25,000 sq. ft.) of the total gross floor area.
lands zoned CH-22.
October 23, 2006
357
21.5.23 CH-23 Zone (Part of Lots 37 & 38, Concession 2, West Green Point,
i.
The only permitted non-residential uses shall be:
1.
The display and sale of vinyl and aluminum products, windows
and doors, roofing and eavestrough materials and items related
to the installation of these products.
21.5.24 CH-24 Zone (Part Lot 60, Concession 2 Broken Front, Ward of
Sophiasburgh)
i.
1.
Retail commercial use
2.
The display and sale of antique furnishings
3.
A workshop for the storage, repair and refinishing of antique
furnishings that are for sale on site.
21.5.25 CH-25 Zone (Part of Lot 16, Concession 1, West Green Point, Ward
of Sophiasburgh)
i.
ii.
iii.
1.
Marine sales and service establishment
2.
Recreational vehicle sales and service establishment
3.
A workshop
4.
Motor vehicle storage facility
A converted dwelling with a maximum of three (3) dwelling units shall
be the only permitted residential use.
Minimum lot area
0.14 ha (0.34 ac.)
21.5.26 CH-26 Zone (Part of Lot 58, Concession 2, West Green Point, Ward
of Sophiasburgh)
i.
ii.
iii.
The only permitted non-residential use shall be:
1.
The fabricating and repair of canvas and canvas products
Minimum lot area
1.4 ha (3.4 ac.)
110 m (360 ft.)
October 23, 2006
358
21.5.27 CH-27 Zone (Rogers, Part Lot 13, Concession 2, Military Tract,
Ward of Hallowell)
i.
ii.
The only permitted non-residential use shall be a veterinary clinic and
an animal medical holding unit.
Minimum lot area
0.4 ha (1 ac.)
21.5.28 CH-28 Zone (Part of Lots 36, 38, 39 & 40, Plan No. 3,
Rossmore,
i.
ii.
iii.
iv.
v.
The following uses are also permitted:
1.
A motor vehicle rental establishment
2.
3.
A retail commercial establishment
All uses shall be serviced by municipal water supply system.
Minimum front yard
10.6 m (34.7 ft.)
A landscaped planting strip shall not be required along the front lot line
and the easterly interior lot line.
A Restaurant shall not be permitted.
21.5.29 CH-29 Zone (Business Offices fronting on Loyalist Parkway,
of Hallowell)
Ward
i.
ii.
1.
Business and professional offices.
21.5.30 CH-30 Zone (Mustang Drive-In Theatre, Part of Lot 4, Concession
2, Military Tract, Ward of Hallowell)
i.
In addition to the uses permitted in the CH Zone the following uses
1.
A drive-in theatre.
2.
Uses, buildings and structures that are normally incidental and
accessory to the above noted use.
October 23, 2006
359
21.5.31 CH-31 Zone (Plan 2, Gore K, Part of Lot 3, Business Offices, Ward
of Hallowell)
i.
1.
Business and professional offices.
21.5.32 CH-32 Zone (Spilchen / Marie’s Pizza, Ward of Bloomfield)
i.
ii.
iii.
iv.
Minimum lot area
579.3 sq m (17,000 sq ft.)
9.1 m (30 ft.)
The uses permitted shall be limited to the following:
1.
a clinic
2.
an eating establishment
3.
a convenient store, food store, retail store
4.
a dwelling unit in a portion of a commercial building permitted
above if occupied by the owner, caretaker, watchman or other
is located.
A minimum of 5 on-site parking spaces shall be provided in connection
with the restaurant existing on the date of the passing of this by-law.
21.5.33 CH-33 Zone (Spilchen / Marie’s Pizza, Ward of Bloomfield)
i.
The uses permitted shall be limited to the following:
1.
a clinic
2.
an place of entertainment
3.
a retail establishment for the sale of motor vehicles, motor
vehicle parts, boats and farm equipment
4.
a motor vehicle gasoline bar
5.
motor vehicle sales, used
6.
a motor vehicle service station
7.
a convenience store, food store, retail store
8.
a dwelling unit in a portion of a commercial building permitted
above if occupied by the owner, caretaker, watchman or other
is located.
October 23, 2006
360
21.5.34 CH-34 Zone (Part Lot A, Concession 1 North West Carrying
Place, Ward of Picton)
i.
ii.
iii.
iv.
v.
1.
a wholesale landscape business and nursery, including
associated woodworking shop, administrative facilities and open
storage of bulk landscape materials such as mulch, stone and
sand;
2.
a business/professional office including rental office space;
3.
a detached single family dwelling;
4.
uses normally incidental and accessory to the foregoing; and
lands zoned CH-34.
An erosion and sedimentation control plan approved by the
Conservation Authority shall be prepared for and maintained on the
property to protect Mosquito Creek and its associated floodplain areas.
A minimum 1.5 metre wide landscape buffer shall be prepared and
maintained along the easterly property line adjacent to any outdoor
storage or parking areas.
47.2 m (155 ft)
All other provisions of the CH Zone and the Special CH-34 Zone and By-law
No. 1816-2006, as amended, shall apply to the lands zoned CH-34.
21.5.35 CH-35 Zone (Pickard, Ward of Wellington)
i.
ii.
iii.
The in addition to the permitted uses the following uses shall also be
permitted:
1.
Maximum of 2 single family detached accessory dwellings
Minimum Side Yard
6.1 m
Minimum separation between existing buildings
6.5 m
21.5.36 CH-36 Zone (Butler & Nadeau, Ward of Hallowell)
i.
The location of the driveway, existing on the date of passing of this bylaw, shall be permitted.
October 23, 2006
ii.
361
lands zoned CH-36.
21.5.37 CH-37 Zone (Cummings, Ward of Athol)
i.
1.
an accessory dwelling unit
2.
a gasoline retail facility;
3.
a convenience store;
4.
boat rentals (but not a marina);
5.
a restaurant.
21.5.38 CH-38 Zone (The Willow Camp Store, Ward of Athol)
i.
1.
an accessory dwelling unit
2.
a convenience store;
3.
boat rentals (but not a marina);
4.
a restaurant.
21.5.39 CH-39 Zone (Van Cott, Part Lot 11, Concession 1 South West Green
i.
ii.
a nursery and garden centre, including the outdoor display and
storage of bulk landscaping materials such as topsoil, and
mulch;
landscaping business with associated outdoor storage of owner’s
heavy landscape equipment such as trucks, grader and
backhoe;
commercial greenhouse;
storage and repair workshop; and
small engine repair and sales.
(a)
The requirement of Section 41 of the Planning Act, R.S.O.,
1990, c.P.13, as amended, relating to Site Plan Control shall
apply to the lands zoned CH-39.
October 23, 2006
362
(b)
iii.
iv.
v.
vi.
A minimum of six (6) parking spaces and one (1) loading space
shall be provided.
(c)
Open storage of heavy landscape equipment is permitted in the
rear yard only.
Minimum Lot Area
4 ac (1.62 ha)
Minimum Frontage
676 ft (206 m)
No buildings, structures or open storage shall be located within 15 m
(50 ft) of the most southern lot line.
A minimum landscaping buffer of 10 feet shall be required along the
southern most lot line, and shall be planted with trees along the full
extent of the property.
21.5.40 CH-40 Zone (Canadian Tire Store, 13321 Loyalist Parkway, Ward
of Hallowell)
i.
ii.
iii.
Permitted uses in addition to the uses normally permitted in the CH
Zone:
1.
Automotive Supply Store and Accessory Uses
2.
Retail Store
1.
Minimum Interior Side Yard for garden-centre fencing shall be 0
m (0 ft.)
Outdoor garden-centre compound shall require no additional parking.
21.5.41 CH-41 Zone (Rogers, Part Lot 16, Concession 2 Military Tract,
Ward of Hallowell)
i.
ii.
iii.
Zone:
1.
a microbrewery (craft brewery), including accessory retail
commercial, office space and tasting areas;
2.
A minimum of 10 parking spaces (including 1 barrier-free stall) shall
be provided on-site.
lands zoned CH-41.
21.5.42 CH-42 Zone (Laidley, 5567 Highway 62, Ward of Ameliasburgh)
October 23, 2006
i.
363
Zone:
1.
a retail commercial establishment.
21.5.43 CH-43 Zone (Empey Tire Store & Walker Mini-Storage Facility, 281
County Road 28, Ward of Ameliasburgh)
i.
Zone:
1.
Mini Storage Facility
21.5.45 CH-45 Zone (Harold & Catherine Dunlop, Part of Lot 6, Concession
Gore K, 518 County Road 8, Ward of Hallowell)
apply:
i.
a contractor’s yard;
workshop or custom workshop;
farm and garden machinery sales and service establishment;
antique shop;
fruit and vegetable market;
garden and nursery sales and supply establishment;
light equipment sales and service establishment;
veterinary clinic;
one single family detached dwelling or one dwelling unit as an
accessory use to any of the foregoing;
home business; and
permitted uses.
21.5.46 CH-46 Zone (Home Hardware, Part Lot 18, Concession 3
Military Tract, Ward of Hallowell) (Amending By-law No. 28962011)
In addition to all other relevant portions of this by-law, the lands zoned CH46 shall have the following special provisions:
October 23, 2006
i.
ii.
iii.
iv.
v.
vi.
vii.
364
Notwithstanding Section 21.1, the following non-residential uses shall
be the only permitted uses:
a)
a retail building supply outlet, warehousing and outdoor storage
including home furnishings sales; and,
b)
uses, buildings and structures accessory to the foregoing nonresidential uses including seasonal garden sales, warehousing
and outdoor storage.
a)
Maximum gross floor area of the building supply outlet and
home furnishing sales, exclusive of seasonal garden sales, shall
be 3,616 sq. m (38,923 sq. ft.)
b)
Maximum gross area of the outdoor fenced compound for
seasonal garden sales shall be 223 sq. m (2400 sq. ft.)
c)
Maximum gross floor area of the cold storage lumber shed shall
be 1,486.4 sq. m (16,000 sq. ft.)
d)
Maximum gross area of the fenced open lumber storage shall be
8,100 sq. m (87,190 sq. ft.)
No open storage shall be permitted in the front or side yards other
than seasonal garden sales.
No site grading shall take place within 15 m (49.2 ft.) of the top-ofbank of Waring Creek.
A 30 m buffer along Waring Creek shall be replanted with native tree
and shrub species.
The minimum number of parking spaces to be provided on site shall be
160 including a minimum of 6 barrier-free parking spaces.
The site plan control provisions of Section 41 of the Planning Act,
R.S.O., 1990 shall apply. A detailed site plan shall be approved by the
County of Prince Edward and a site plan agreement shall be entered
into, pursuant to the site plan control provisions of Section 41 of the
Planning Act, R.S.O. 1990, c.P.13. The site plan shall show
sedimentation and erosion control measures, to the satisfaction of
Quinte Conservation.
All other provisions of the CH Zone and By-law No. 1816-2006 as amended
shall apply to lands zoned CH-46.
21.5.48 CH-48 Zone (1382972 Ontario Limited, Part Lot 21, Concession 3
Military Tract, 13239 Loyalist Parkway, Ward of Hallowell)
apply:
i.
retail commercial establishment;
business or professional office
a life skills and social activities centre for persons with
development disabilities
October 23, 2006
ii.
iii.
iv.
365
permitted uses.
Lot Area (Minimum)
Municipal water and private sewage service
0.2 ha (0.5 ac)
Minimum number of on-site parking spaces shall be 21 (including 2
barrier-free stalls)
lands zoned CH-48.
All other provisions of the CH Zone and the Special CH-48 Zone and By-law
No. 1816-2006, as amended, shall apply to the lands zoned CH-48.
21.5.49 CH-49 Zone (Wentworth, 1332Loyalist Parkway, Ward of
Hallowell)(Amending By-law No. 2061-2007)
apply:
i.
ii.
iii.
1.
Contractors yard and associated business office excluding:
a)
open/outdoor storage of gravel, topsoil, and other
construction materials; and
b)
shop or assembly work except as expressly permitted in
this by-law.
2.
Wood working accessory to a landscaping contractors yard, in
an existing accessory building.
3.
Accessory seasonal outdoor storage of landscaping machinery
and equipment.
4.
Seasonal outdoor storage and/or on site growing of perennial
flowers, excluding retail sales.
Minimum Lot Area
0.57 ac. (2,306 m2)
Minimum Frontage
80 ft (24.3 m)
21.5.50 CH-50 Zone (Lloyd’s Heating & Cooling, Part of Lot 64,
Concession Gerow Gore, Part of Lot 1, Registrar’s Compiled
Plan 29, County Road No. 1, Hallowell Ward)
apply:
(i)
Permitted Uses Shall be Limited to the following:
October 23, 2006
366
(a) Retail Commercial Establishments, including storage, showroom
and accessory administrative offices;
(b) Business and Professional Offices, and
(c) Uses normally incidental and accessory to the foregoing.
(ii)
barrier-free stall).
21.5.51 CH-51 Zone (Paul & Alison Moore, Part Lot 20, Concession 3
Military Tract, Hallowell Ward) (Amending By-law No. 23292008)
apply:
i.
ii.
iii.
iv.
The permitted commercial uses shall be limited to an automotive
repair business.
The permitted residential uses shall be limited to an existing single
detached dwelling and related accessory buildings.
18%
zoned CH-51.
21.5.52 CH-52 Zone (Bernardus Prinzen, Part Lot 11, Concession 2 Military
Tract, Part of Lots 124 and 125, Part of Mill Pond, South of Lot 120,
Plan 2, Ward of Bloomfield)(Amending By-law No. 2385-2009)
Deleted by Amending By-law No. 2644-2010.
21.5.53 CH-53 Zone (Robert Thompson, Lot 20, Concession 3 M.T.,
Ward of Hallowell)(Amending By-law No. 2521-2009)
contrary, on the lands zoned CH-53 the following special provision shall
apply:
i.
ii.
1.
2.
Medical or Dental Clinic
October 23, 2006
367
21.5.54 CH-54 Zone (William & Susan Bailas, 460 & 462 Main Street, Part
of Lot 202, Plan 8,Ward of Wellington) (Amending By-law No.
2710-2010)
apply:
i.
Permitted uses shall be limited to the following uses on full municipal
services only:
a)
Restaurant, including take-out;
b)
Food store;
c)
Light equipment sales and service establishment;
d)
Brew-your-own beer and wine establishment;
e)
Veterinary clinic;
f)
Medical or dental clinic;
g)
Business, professional or administrative office;
h)
Fruit and vegetable market;
i)
Retail commercial establishment;
j)
Antique shop; and
k)
A dwelling unit as an accessory use to any of the permitted nonresidential uses.
ii.
a)
The ground floor area of all commercial buildings shall not
exceed 984.7 square m (10,600 sq.ft.)
b)
A minimum of 47 lined parking spaces, including 3 signed
barrier free spaces, shall berequired for the uses permitted in
CH-54 Zone;
c)
Minimum Rear Yard Setback
4 m (13.1 ft);
d)
Minimum Front Yard Setback
8.19 m (24 ft)
e)
Minimum Western Interior Side Yard Setback 4 m (13.1 ft);
f)
Outdoor storage shall not be permitted.
iii.
A single detached dwelling shall not be a permitted use.
iv.
The requirements of Section 41 of the Planning Act, R.S.O., c.P.13, as
amended relating to site plan control shall apply to lands zoned CH-54.
THAT no development on lands zoned CH-54-H1 shall take place until such
time as the “Holding One” (-H1) zone symbol has been removed by
October 23, 2006
368
the Planning Act, R.S.O. 1990. Until such time as the “Holding One” (-H1)
symbol has been removed, the only uses, buildings or structures permitted
on the lands zoned CH-54-H1 shall be: i. The existing single detached
dwelling; and ii. The existing Orchard Dari-Bar Restaurant.
THAT a by-law shall not be enacted to remove the “Holding One” (-H1)
symbol until such time as:
a.
The two separately conveyable parcels be merged in title, to the
satisfaction of the Manager of Planning; and
b.
A site plan has been approved and a site plan agreement has
been executed and registered on title of the subject lands for
the entire development. The Agreement shall address among
other things: i) the construction of a new sidewalk be completed
at the owners expense; ii) road widening or confirmation thereof
to provide for 13.1 m from the centre line of the existing road
allowance; iii) only one entrance shall be provided for; iv) one
water and sewer connection be provided for.
THAT upon removal of the “Holding One” (-H1) symbol (Phase 1) suffixed
to the CH-54-H1 Zone category, the uses and zone provisions of the Special
CH-54 Zone shall apply to the lands so zoned including a restaurant with a
maximum seating of 30 patrons, including outdoor seating area, to a
maximum indoor ground floor area of 2,586 sq ft (240.2 m2). The Phase 1
combined ground floor area of all commercial buildings, including a
restaurant, shall not exceed 8,235 sq ft (765 m²).
THAT no development on lands zoned CH-54-H2 shall take place until such
time as the “Holding Two” (-H2) zone symbol has been removed by
the Planning Act, R.S.O. 1990. Until such time as the “Holding Two” (-H2)
symbol has been removed, the only uses, buildings or structures permitted
on the lands zoned CH-54-H2 shall be: i. The existing single detached
dwelling.
THAT a by-law shall not be enacted to remove the “Holding Two” (-H2)
symbol shall until such time as:
a.
The two separately conveyable parcels be merged in title, to the
satisfaction of the Manager of Planning; and
b.
been executed and registered on title of the subject lands for
the entire development. The Agreement shall address among
other things: i) the construction of a new sidewalk be completed
at the owners expense; ii) road widening or confirmation thereof
October 23, 2006
369
to provide for 13.1 m from the centre line of the existing road
allowance; iii) only one entrance shall be provided for; iv) one
water and sewer connection be provided for.
c.
The allocation of sufficient servicing capacity (water &
wastewater) be provided, to the satisfaction of the
Commissioner of Public Works.
THAT upon removal of the “Holding Two” (-H2) symbol (Phase 2) suffixed
to the CH-54-H2 Zone category, the uses and zone provisions of the Special
CH-54 Zone shall apply to the lands so zoned, including any expansion to the
restaurant use and additional seating for patrons.
21.5.55 CH-55 Zone (Cecilene &
Parkway, Ward of Hallowell)
Reynold
Weber,
12469
Loyalist
apply:
i.
The permitted uses on lands zoned the CH-55 Zone shall be limited to
the following:
a. Motel, which consists of one of more than one building containing
one or more than one detached accommodation units;
b. One single detached dwelling or dwelling unit as an accessory use;
and
c. Uses normally incidental and accessory to the foregoing.
shall apply to the lands zoned the CH-55.
21.5.56 CH-56 Zone (Gregory Tucker Dentistry Professional Corporation,
Part
Lot
30,
Registered
Compiled
Plan
10,
Ward
of
Wellington)(Amending By-law No. 2994-2012)
contrary, on the lands zoned CH-56-H1, the following special provisions shall
apply:
i.
Permitted non-residential uses shall be limited to the following uses on
full municipal services only:
a) Personal service shop;
b) Bank or financial institution;
c) Business, professional or administrative office;
d) Medical or dental clinic;
e) Veterinary clinic;
f) Day nursery;
October 23, 2006
370
g) Retail commercial establishment
h) Public uses or utilities in accordance with the provisions of Section
i) Uses, buildings or structures accessory to the foregoing permitted
uses.
ii.
Permitted residential uses shall be limited to the following uses on full
municipal services only:
a) A minimum of 12 townhouse dwellings;
b) An accessory dwelling unit as an accessory use to a townhouse
dwelling;
c) Apartment;
d) Home business;
e) Uses, buildings and structures accessory to the foregoing permitted
uses.
iii.
Regulations for permitted non-residential uses:
a) Minimum lot frontage – 15 m (50 ft)
b) Minimum front yard – 7.5 m (25 ft)
c) Minimum exterior yard – 7.5 m (25 ft)
d) Minimum interior yard – 2.5 m (8.2 ft)
e) Minimum rear yard – 7.5 m (25 ft)
f) Maximum height of buildings – 12 m (39.4 ft)
iv.
Regulations for permitted residential uses:
a) Minimum lot area, townhouse dwelling – 250 m2 (2700 ft2) per
dwelling unit;
b) Minimum lot area, apartment dwelling – 232 m2 (2500 ft2) per unit;
c) Minimum front yard, apartment dwelling – 9 m (30 ft)
d) Minimum exterior side yard, all permitted uses except an apartment
dwelling – 5 m (16.4 ft);
e) Minimum exterior side yard, apartment dwelling – 9 m (30 ft)
f) Minimum interior side yard, townhouse dwelling: 1. on the attached
side – 0 m (0ft); 2. On the other side – 2/5 m (8.2 ft);
g)Minimum interior side yard, apartment dwelling – 4.5 m (15ft);
h) Minimum rear yard, all permitted uses except apartment dwelling –
5 m (16ft);
i) Minimum rear yard, apartment dwelling – 9 m (30 ft);
j) Maximum height of buildings – 15 m (50 ft);
k) Minimum floor area per dwelling unit, apartment dwelling:
1. Bachelor apartment unit 42 m2 (452 ft2);
2. One bedroom apartment unit 55 m2 (592 ft2)
3. Two bedroom apartment unit 60 m2 (646 ft2)
4. More than two bedroom apartment unit 65 m2 (700 ft2)
v.
Maximum lot coverage (of all buildings and structures) – 35%
vi.
A single detached dwelling shall not be a permitted use
October 23, 2006
vii.
371
The requirements of Section 41 of the Planning Act, R.S.O., c.P13, as
amended, relating to site plan control shall apply to lands zoned CH56.
October 23, 2006
SECTION 22
372
TOURIST COMMERCIAL (TC) ZONE
No person shall within a Tourist Commercial (TC) Zone use any land or erect, alter
or use any building or structure except in accordance with the following:
22.1.1
tourist establishment
22.1.2
motel
22.1.3
hotel
22.1.4
tourist inn
22.1.5
resort establishment
22.1.6
golf course
22.1.7
miniature golf course
22.1.8
golf driving range
22.1.9
mobile restaurant
22.1.10
marina and accessory uses including storage, fuelling facilities and
marine sales and service
22.1.11
summer camp
22.1.12
any use, building or structure accessory to a permitted use including
recreational facilities, convenience store and restaurant
22.1.13
4.23 of this By-law
22.1.14
22.2.1
to any of the foregoing permitted non-residential uses
22.2.2
home business
October 23, 2006
22.2.3
373
residential uses
22.3.1
i.
ii.
iii.
Minimum Lot Area
740 m2 (8,000 ft.2)
0.8 ha (2 ac.)
22.3.2
i.
ii.
iii.
25 m (80 ft.)
60 m (196.9 ft.)
22.3.3
Minimum Front Yard
15 m (50 ft.)
22.3.4
15 m (50 ft.)
22.3.5
6 m (19.7 ft.)
22.3.6
Minimum Rear Yard
7.5 m (25 ft.)
22.3.7
30%
22.3.8
30%
22.3.9
10.5 m (34.5 ft.)
22.3.10
Minimum Distance between Buildings
3 m (10 ft.)
LOADING PROVISIONS
of any land, building or structure permitted within the Tourist Commercial
(TC) Zone shall apply and be complied with.
22.5 SPECIAL TOURIST COMMERCIAL (TC) ZONES
October 23, 2006
374
22.5.1 TC-1 Zone (Pickard’s Bait & Tackle, Lot 159, Plan 8, Ward of
Wellington)
Notwithstanding any provisions of this By-law to the contrary, within the TC1 Zone, the following provisions shall apply:
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
lot area
lot frontage
front yard
exterior side yard
1,800 m2 (19,375.6 sq. ft.)
30 m (98.4 ft.)
7.6 m (24.9 ft.)
1.8 m (5.90 ft.)
22.5.2 TC-2 Zone (Part of Lot 11, Concession Long Point, Ward of
South Marysburgh)
i.
ii.
Permitted Non-Residential Uses:
1.
a convenience store
2.
a tourist establishment
3.
an interpretive centre
4.
a commercial dive shop
5.
a food service accessory to a tourist establishment
Provisions for Permitted Uses:
1.
100 m (328 ft.)
2.
Minimum front yard
45 m (147.6 ft.)
3.
Minimum lot area
4 ha (9.8 ac.)
4.
Interior side yard
13 m (42.6 ft.)
22.5.3 TC-3 Zone (Part of Lot 11, Concession Long Point, Ward of
South Marysburgh)
i.
ii.
1.
A tourist establishment, with a maximum of two tourist
cottages, suitably buffered from the Municipal road by a planting
of trees.
2.
A parking area, suitably buffered from the Municipal road by a
planting of trees.
3.
A commercial dive shop.
4.
A food service, accessory to a tourist establishment.
1.
700 m (2,300 ft.)
October 23, 2006
375
22.5.4 TC-4 Zone (Part of Lot 2, Concession 1 North Black River, Ward
i.
ii.
iii.
iv
The only permitted non-residential use shall be a tourist
establishment.
Minimum lot area
1.6 ha (4 ac.)
166 m (545 ft.)
The lot frontage shall be considered to be that land that lies adjacent
to the right-of-way leading to Morrison Point Road.
22.5.5 TC-5 Zone (Part Lot 2, Concession 1 North Black River, Ward of
South Marysburgh)
i.
ii.
iii.
iv
The only permitted non-residential use shall be a tourist
establishment.
Minimum lot area
0.8 ha (2 ac.)
100 m (330 ft)
The front lot line shall be deemed to lie adjacent to the right-of-way
leading to Morrison Point Road.
22.5.6 TC-6 Zone (Part of Lot 8, Concession 1 North Black River, Ward
i.
ii.
iii.
iv.
v.
vi.
1.
A tourist establishment only, containing a maximum of eleven
(11) rental buildings, existing on the date of passing of this bylaw.
Minimum lot area
2.5 ha (6.2 ac)
55 m (180 ft.)
Minimum side yard, east
1.8 m (6 ft)
Two rental buildings and their associated septic systems, which are
located within 30.48 m (100 ft) of the water’s edge and which existed
on the date of passing of this By-law are permitted.
October 23, 2006
376
22.5.7 TC-7 Zone (Part of Lot 9, Concession 1, South of the Bay Of Quinte,
i.
The only permitted non-residential use is a marina.
22.5.8 TC-8 Zone (Part of Lot 1, Concession Lakeside West Cape Vesey,
Ward of North Marysburgh) (Part of Lot 2, Concession Lakeside
West Cape Vesey, Ward of North Marysburgh) (Part of Lot 65,
Concession Bayside, Ward of North Marysburgh)
i.
The only permitted non-residential use is a tourist establishment.
22.5.9 TC-9 Zone (Waupoos Island, Ward of North Marysburgh) (Part Lot
16, Concession Lakeside, West of Cape Vesey, Ward of North
Marysburgh)
i.
The only permitted non-residential use is a summer camp.
22.5.10
TC-10 Zone (Prinyer’s Cove Marina, Part Lot 30, Concession
Bayside, Ward of North Marysburgh)
i.
The only permitted non-residential uses are a marina and a restaurant.
22.5.11 TC-11 Zone (Part of Lot 10, Concession Lakeside West Cape Vesey,
i.
ii.
iii.
The only permitted non-residential uses shall be
1.
a tourist cabin establishment
2.
agricultural uses consisting of orchards or vineyards
Minimum lot area
1.8 ha (4.4 ac.)
180 m (590 ft.)
October 23, 2006
377
22.5.12 TC-12 Zone (Part of Lot 21, Concession Lakeside East Cape Vesey,
i.
The only permitted non-residential use is a tourist inn.
22.5.13 TC-13 Zone (Girl Guides of Canada, Waupoos Camp, Ward of North
Marysburgh)
i.
ii.
iii.
iv.
v.
The uses permitted in the TC-13 Zone shall be limited to the following:
1.
A “camp” used on a four seasons basis rather than during only
the summer months for the purposes of recreation,
conservation, and/or education, and which may include
administrative offices and temporary, overnight sleeping
accommodations, shall be the principle permitted use.
2.
A resort, a cabin establishment, and a cottage establishment
may also be permitted as accessory uses to the principle
permitted use of the lands as a four season recreation/education
camp.
A minimum setback of 15.24 m (50 ft) shall be maintained between
the top or toe of the escarpment and the nearest portion of any
building or structure located in the TC-13 Zone.
A minimum setback of 23 m (75.45 ft) shall be maintained between
the high water mark of Lake Ontario and the nearest portion of any
building or structure located in the TC-13 Zone, with the exception of
docks, boathouses or shoreline works that have been approved by the
Conservation Authority and the County.
Minimum side yard
7 m (23 ft)
A detailed site plan(s) and supporting documentation pursuant to the
Site Plan Control provisions of Section 41 of the Planning Act, R.S.O.,
1990 and the policies of the Official Plan shall be submitted to and
approved by the County prior to development or redevelopment of
lands within the TC-13 Zone.
22.5.14 TC-14 Zone (Waupoos Marina, Part of Lot 4, Concession Lakeside
West Cape Vesey, Ward of North Marysburgh)
i.
The permitted non-residential uses shall include a marina with docking
facilities and accessory uses thereto including a clubhouse and offices
in addition to any other use permitted by the TC Zone.
October 23, 2006
ii.
iii.
iv.
v.
vi.
vii.
viii.
378
Minimum lot area shall be 0.2 ha (0.49 ac.)
Where a rear yard and/or interior side yard abuts a navigable body of
water, then such rear yard and/or interior side yard may be reduced to
0 m (0 ft).
The minimum front yard for the one and a half storey structure shall
be 0 metre (0 ft.)
Minimum front yard, one storey structure shall be 1.5 m (4.9 ft.)
Minimum interior side yard, one storey structure existing on the date
of passing of this by-law shall be 4.5 m (14.7 ft.)
Minimum rear yard, one and one and a half storey structures existing
on the date of passing of this by-law shall be 6.0 m (19.68 ft.)
Minimum setback from the centre line of a County Road for existing
buildings shall be 8.1 m (26.5 ft.)
22.5.15 TC-15 Zone (Part of Lot 22, Concession Bayside, Ward of North
Marysburgh)
i.
ii.
iii.
Permitted non-residential uses
1.
Woodworking shop, which for the purposes of this by-law shall
be defined as a building or structure in which carpentry is
carried on.
2.
Marine Repair Service, which for the purposes of this by-law
shall be defined as a building or structure in which the repair
and construction of boats is carried on.
3.
Open Storage, subject to the following provisions:
a.
all open storage shall be accessory to the use of the
workshop on the lot
b.
all open storage use shall be concealed from all abutting
rights-of-way and water bodies and from adjacent
seasonal residential uses by a fence, wall or similar
structure.
c.
Maximum lot coverage of open space 5%
Permitted residential uses
1.
2.
Mobile home dwelling
Access shall be provided by the private right-of-way which abuts the
property to the south.
22.5.16TC-16 Zone (Part Lot 49, Concession Bayside, Ward of North
Marysburgh)
October 23, 2006
i.
ii.
iii.
iv.
v.
379
No development shall be permitted below the flood line or within 30 m
(98.4 ft.) of the high watermark whichever is greater, except a boat
house, pump house or a dock provided such accessory buildings or
structures are located no closer than 3 m (9.8 ft.) to the side lot line
or its projection
Access shall be by private right-of-way which abuts the property to the
south and which permits access to County Road 7.
For purposes of this by-law, the front lot line shall be deemed to be
the southerly boundary line of the property.
No development shall be permitted within 15 m (49.2 ft.) of the lower
bluff that drops to the escarpment.
The number of cottages and/or dwelling units on the property shall be
limited to three.
22.5.17 TC-17 Zone (Lake on the Mountain Resort, Part Lot 6, Concession
1, South Bay of Quinte, Ward of North Marysburgh)
i.
ii.
The permitted uses shall be restricted to the following:
1.
a motel
2.
a tourist cabin establishment
3.
a restaurant
4.
a single detached dwelling or dwelling unit only if occupied by
the owner, caretaker, watchman or other similar person, and his
family, if such other person is employed on the lot on which the
single detached dwelling is located
An unenclosed deck to be used in conjunction with the restaurant may
project into the required interior side yard but shall not be closer than
0.5 m (1.6 ft.) to any lot line and shall not be more than 1.85 m (6 ft.)
above average grade.
22.5.18 TC-18 Zone (The Hay Loft, Part of Lot 23, Concession 1, Ward of
Athol)
i.
The only permitted use shall be a dance hall and uses accessory
thereto.
22.5.19 TC-19 Zone (Pt. Lots 11 & 12, Concession 1 South Side East
Lake, Ward of Athol)
October 23, 2006
i.
380
1.
Tourist establishment
2.
Marine sales and service establishment
3.
Small engine repair shop
22.5.20TC-20 Zone
Reserved.
22.5.21TC-21 Zone (Part Lot 5, Concession 1 North West Carrying
i.
ii.
In addition to the permitted non-residential uses the following uses
1.
Golf driving range
2.
Miniature golf course
3.
Golf pro shop
4.
Uses accessory to the above noted use
Minimum lot area
14 ha (34.5 ac)
22.5.22 TC-22-H Zone (Alexander Island, Ward of Hillier)
Notwithstanding any provisions of this By-law to the contrary, within the TC22-H Zone, the following provisions shall apply:
i.
iii.
1.
A resort establishment providing a maximum of 85 overnight
guest accommodation rooms to the traveling or vacationing
public in one or more buildings, which may include indoor and
outdoor dining facilities and conference/meeting room facilities.
2.
Indoor recreational facilities associated with the tourist resort
use which may include fitness establishment, a swimming pool,
a health spa or a salon.
3.
Outdoor recreational facilities which may include a putting
green, a swimming pool, walking trails and boat docking
facilities on Lake Ontario.
4.
Restaurant
5.
Gift shop
6.
Fishing charter service
7.
A deer park and barn
8.
Automated banking facilities
9.
Uses normally incidental and accessory to the forgoing.
Access to the lands shall be provided by means of a public street,
connecting Alexander Island to the County road system, constructed
and maintained to standards satisfactory to the County.
October 23, 2006
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
381
0 m (0 ft)
Minimum lot area
16.19 ha (40.0 ac.)
No buildings or structures shall be located within 30 m (98.4 ft.) of the
Pleasant Bay Provincially Significant Wetland boundary as identified
through the EP-W-1 Zone.
No buildings or structures related to a sewage disposal system,
including weeping tile fields, pumping chambers or distribution
systems, shall be located within 15 m (49.2 ft.) of the wetland
vegetative buffer edge as identified through the EP-3 Zone.
No building or septic tank system, including weeping tile fields, shall
be located within 30 m (98.4 ft.) of a flood plain.
The minimum setback for all buildings and structures from an interior
lot line shall be 30 m (98.4 ft.).
The lands shall be serviced by means of a private communal water
system and private sewage disposal system that are designed and
operated in accordance with all applicable permits and regulations of
the Ministry of the Environment, the local Health Unit, and/or the
County.
Any and all development shall proceed in accordance with the
“Pleasant Bay Lodge, Alexander Island, Prince Edward County,
Environmental Impact Study” dated January, 2001 and operate in
accordance with a Management Plan, both documents to be approved
by the local Conservation Authority.
Prior to the removal of the “Holding” (-H) symbol, no person shall
erect any building or structure for any purpose or shall use any lot or
alter any building or structure for any purpose except for a purpose
permitted in the Rural 1 (RU1) Zone.
until such time as:
1.
A Site Plan Agreement and / or a Development Agreement
satisfactory to the County has been executed and registered on
title of the lands. The Agreement(s) shall address, among other
things, the design, construction and maintenance of the
unmaintained public road described as the Quarter Sessions
Road, being the access road to Alexander Island connecting the
Island to County Road No. 27, to the satisfaction of the County.
2.
A Hydrogeological Report outlining the methods of servicing the
site with private well and subsurface sewage disposal systems
has been completed and approved by the County.
3.
An Archaeological Resources investigation Report has been
completed and approved by the Ministry of Culture.
Upon removal of the “Holding” (-H) symbol by Council, the uses and
zone provisions of the TC-22 Zone shall apply.
22.5.23 TC-23 Zone (Ward of Hallowell)
October 23, 2006
i.
382
Permitted non-residential uses shall be limited to the following:
1.
Golf course
2.
Private park
i.
ii.
1.
A tourist establishment consisting of a maximum of 18 tourist
cabins and/or tourist cottages.
Minimum lot area
1.9 ha (4.6 ac.)
i.
ii.
1.
A ten unit motel
2.
An existing tourist establishment consisting of tourist cabins or
tourist cottages
Minimum north side interior side yard setback
3.048 m (10 ft).
22.5.26 TC-26 Zone
Available
22.5.27 TC-27 Zone (Part Lots 11, 12 & 13, Concession 1 North West West
i.
ii.
iii.
iv.
v.
1.
Golf course
2.
Private park
Minimum lot area
17.5 ha (43.2 ac.)
0 m (0 ft.)
Access to the property may be provided from a private right-of-way
from the Loyalist Parkway, provided that the access has been legally
established.
There is no commitment from or requirement by the County to assume
responsibility for ownership or maintenance of the access route and
levels of service provided to the lot may be limited or reduced,
including the level of emergency response to the lot.
October 23, 2006
383
22.5.28 TC-28 & TC-28-H Zone (Waring House Restaurant and Inn, Part Lot
18, Concession 2, Military Tract, Ward of Hallowell)
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
1.
Restaurant
2.
Lodge
3.
Meeting facilities
4.
Cooking school
5.
Accessory recreational, leisure facilities including but not limited
to a swimming pool, hot tub, jacuzzi, sauna and activities room
6.
Winery
For the purposes of this By-law the three separate conveyable lots
within the TC-28 Zone and/or the TC-28-H Zone, totaling
approximately 14.4 ha (35.7 ac.) of land are considered one lot.
Required side and rear yard setbacks are exempted save and except
for along those lot lines abutting parcels not zoned TC-28 or TC-28-H.
Minimum lot area for lands zoned TC-28 and/or TC-28-H shall be 13.3
ha (33 ac.)
Minimum front yard
30 m (98.4 ft.)
No building, structure or septic system, including weeping tiles, shall
be located within 15.0 m (49.2 ft.) of the high water mark for the
intermittent water course traversing the lands zoned TC-28.
No alteration to an existing building or structure or no new building or
structure shall be erected until the County is provided with a current
Certificate of Approval, amended if necessary, from the Ministry of
Environment or its successor for all required private sewage works.
Alternatively, if a municipal sewage service is available adjacent to the
lands zoned TC-28, hook up shall be required prior to the issuance of a
building permit.
Prior to the removal of the “Holding” (-H) symbol, no person shall
erect any building or structure for any purpose or shall use any lot or
alter any building or structure for any purpose except for the following
uses;
1.
Agricultural use
2.
Private sewage works, including tile bed areas
3.
Parking areas
until such time as:
1.
The County is provided with a current Certificate of Approval,
amended if necessary, from the Ministry of Environment or its
successor for all required private sewage works. Alternatively, if
a municipal sewage service is available adjacent to the lands
zoned TC-28, hook up shall be required.
October 23, 2006
2.
384
Appropriate site plan approval, including the execution and
registration on title to the lands of a Site Plan Agreement, if
required by the County.
22.5.29 TC-29 Zone (Part of Lots 1, 2, 3 & 4, Concession 1, West Green
i.
ii.
1.
Marina facility and accessory uses
Minimum lot area
1.0 ha (2.4 ac.)
22.5.30 TC-30 Zone (Part of Lot 44, Concession 1, South West Green Point
and Part Lots 1, 2, 3 & 4, Concession 1, West Green Point, Ward of
Sophiasburgh)
i.
Permitted non-residential uses shall also include a maximum of three
(3) camping sites for travel trailers.
22.5.31 TC-31 Zone (Part of Lot 60, Concession 2, Broken Front, Ward
of Sophiasburgh)
i.
ii.
1.
Restaurant
2.
Miniature golf course
3.
Golf driving range
4.
Food and confectionary sales as an accessory use to the above
permitted uses.
Minimum lot area
8.0 ha (19.7 ac.)
22.5.32 TC-32 Zone (Part of Lot 29, Concession Big Island, Ward of
Sophiasburgh)
i.
ii.
iii.
Permitted non-residential uses shall be limited to eight (8) tourist
cabins.
Minimum lot area
0.6 ha (1.48 ac.)
Minimum front yard
4.27 m (14.0 ft.)
October 23, 2006
iv.
v.
Minimum setback from street centre line
Minimum side yard
385
12.0 m (39.37 ft.)
2.6 m (8.53 ft.)
22.5.33 TC-33 Zone (Waupoos Winery, Part of Lot 9, Concession Lakeside
West Cape Vesey, Ward of North Marysburgh) (Amending By-law
No. 2845-2011)
contrary, on the lands zoned TC-33, the following provisions shall apply:
i.
1.
Estate Winery;
2.
A farm produce outlet;
3.
foregoing.
22.5.34 TC-34 Zone (Blue Jay Cabins, Part Lot 10, Concession 1 South Side
Notwithstanding the provisions of this by-law to the contrary, in the TC-35
i.
ii.
the permitted uses shall be limited to the following:
1)
2)
a maximum of five (5) tourist cottages/cabins
3)
a maximum of four (4) camping sites for travel trailers
County Road 18.
22.5.35 TC-35 Zone (Part of Lots 30, 31, 32 & 33, Concession 2, Ward of
Hillier)
i.
ii.
iii.
iv.
The only permitted use shall be a summer camp providing
accommodation, dining and recreational facilities for no more than 125
persons. An accessory maintenance building for the summer camp,
with outdoor storage area, shall be permitted as accessory to the
summer camp use.
All development, including septic facilities, shall be set back a
minimum of 40 m (131 ft) from the boundary of the provincially
significant wetland, and from West Lake.
A Site Plan Agreement shall be required for development of the site.
Sewage system components shall be shown on the site plan.
Minimum interior side yards
8 m (26.2 ft)
October 23, 2006
386
22.5.36 TC-36 Zone (Part of Lots 30, 31, 32 and 33, Concession 2,
Ward of Hillier)
Notwithstanding any provisions of this by-law to the contrary, in the TC-36
i.
ii.
iii.
iv.
v.
vi.
vii.
A marina is not a permitted use.
No building or structure shall be located within 30 m (100 ft.) of an
EP-W-2 zone.
No building or structure related to the sewage disposal system
including tile fields, pumping systems, or distribution systems shall be
located within 15 m (50 ft.) of an EP-W-4 zone.
A landscaped planting strip a minimum 5 m (16.5 ft) in width shall be
provided along the easterly lot line, south of Bakker Road.
The lands shall be serviced by a centralized septic system with a
capacity not to exceed 68,250 liters per day. The uses on the lot shall
not exceed the capacity of the septic system as approved by the
Health Unit nor of the communal water system as approved by the
Ministry of Environment. However, in addition to the uses serviced by
the communal septic system, an accessory dwelling and up to 18
rental cabins may be connected to the Class 4 septic beds. The
communal water system and the communal septic system shall be
operated in accordance with all applicable permits and regulations of
the Health Unit and the Ministry of the Environment.
The number of camping lots shall not exceed 135.
Any and all development shall proceed in accordance with: “Huyck’s
Bay Recreational Development Impact Assessment” dated December
1998; and shall operate in accordance with a Management Plan; both
approved by the Conservation Authority.
22.5.37 TC-37 Zone (Lot 13, Concession 1 South Side East Lake, Ward
of Athol)
Notwithstanding any provisions of this by-law to the contrary, within the TC37 zone, the following provisions shall apply:
i.
ii.
iii.
iv.
The only permitted uses in this zone shall be the two tourist cottages
as they existed on the date of passing of this by-law.
County Road 18.
The minimum frontage on a private right of way shall be 45 m (150
ft.)
The minimum water frontage shall be 40 m (134 ft.)
October 23, 2006
387
22.5.38 TC-38 Zone (Part of Lot 9, Concession 1 North West West Lake,
Ward of Hallowell)
i.
ii.
iii.
iv.
v.
vi.
vii.
1.
a tourist establishment consisting of a maximum of four (4)
tourist cottages and associated accessory buildings.
Permitted residential uses shall be limited to the following:
1.
one (1) single detached dwelling.
The minimum setback of any building from the high water mark shall
be 15.2 m (50 ft.)
The minimum setback of any septic system, including weeping tiles,
from the high water mark shall be 30 m (100 ft).
Minimum east interior side yard shall be equal to the yard of the single
detached dwelling existing as of the date of passing of this by-law.
Minimum yard adjacent to Loyalist Parkway shall be equal to the yard
of the single detached dwelling existing as of the date of passing of
this by-law.
Site plan control shall apply to any development on this property.
22.5.39 TC-39 Zone (Fleck, Part Lot 19, Concession 1 North Black River,
i.
ii.
iii.
vi.
vii.
viii.
a.
A lodge containing a maximum of 6 guest rooms located in the
existing dwelling and coach house.
b.
One accessory residential unit for the owner/operator of the
tourist establishment located in the existing dwelling.
c.
A dining room accessory to the Tourist Lodge only for the use of
overnight guests residing at the Lodge or for the purpose of
privately catered rental functions.
Lot Area (Minimum)
0.3 ha (0.75 ac)
Front Yard Depth (minimum)
6.79 m (22.2 ft)
Interior Side Yard Width (minimum)
5.93 m (19.45 ft)
No building or septic tank system, including weeping tiles, shall be
located within 6.5 m (21.3 ft) of a flood plain.
Site plan Control provisions of Section 41 of the Planning Act, R.S.O.
1990 shall apply to any development on this property.
22.5.40 TC-40 Zone (Stark, Ward of Athol)
October 23, 2006
388
1.
a dune buggy rental park and an accessory canteen or take-out
restaurant.
22.5.41 TC-41 Zone (Wesley Acres Inc. Ward of Hallowell)
i.
ii.
iii.
iv.
A seasonal camp complex providing accommodations, dining and
recreational facilities for a maximum of 125 campers and uses
accessory thereto, including a maintenance building with outdoor
storage area and associated water and sewage servicing facilities and
uses normally ancillary thereto, shall be the only permitted uses on
the lands zoned TC-41.
All development, including buildings and structures, will be setback a
minimum of 40 m (131 ft) from the boundary of the Provincially
Significant Wetland and West Lake.
Minimum setback between buildings with openings to habitable rooms
shall be 8 m (26.2 ft).
The requirements of Section 41 of the Planning Act, R.S.O.
1990,c.P.13, as amended, relating to Site Plan Control shall apply to
the lands zoned TC-41. A Site Plan Agreement shall be entered into
prior to any development of the site, including any component of the
sewage system.
22.5.42 TC-42 Zone (Garrett’s Island, Ward of Hallowell)
i.
The only permitted use shall be a summer camp operated by a
charitable corporation approved under the Charitable Institutions Act,
R.S.O., 1990, as amended, including all necessary buildings and
structures.
22.5.43 TC-43 Zone (Salvation Army Camp, Ward of Ameliasburgh)
i.
1.
a summer camp; and
2.
one (1) single detached dwelling for a caretaker / watchman.
October 23, 2006
389
22.5.44 TC-44 Zone (Conway’s Echo Bay, 522 County Road 18, Ward of
Athol)
i.
ii.
the permitted uses shall be limited to the following:
1)
2)
a maximum of three (3) tourist cottages/cabins
County Road 18
22.5.45 TC-45 Zone (Bergeron Zoo/Animal Sanctuary Part Lot 9,
Concession 2 North West Carrying Place, Ward of Hallowell) (OMB
Case No. PL060518)
In addition to all other relevant provisions of By-law No. 1816-2006, as
amended, the lands zoned TC-45 shall have the following special provisions:
i.
Notwithstanding Section 22.1, the permitted non-residential uses shall
be limited to:
a)
Kennel
b)
Animal pound
c)
Agriculture
d)
Zoo, including an animal sanctuary. The animals and birds
permitted in the Zoo may include the types of animals listed
herein with the maximum number permitted for each type of
animal or bird set out in brackets but at no time shall the Zoo
have more than 106 animals and 68 birds. The types of animals
and birds permitted include:

Lions (6), tigers (6), cougars (6), jaguars (6), cheetahs
(2), snow leopards (2), leopards (2).

Chaus cats (6), African serval cats (3), African caracal
lynx (2), caraval (1), Canadian Lynx (6), bobcats (2),
oscelots (2), jagurundi (2), margay (2).

Japanese macaque (7), baboons (2), lemurs (6), crab
eating macaque (2), stump tail macaque (2), green
monkeys (2), gibbons (2).

Geese (6), ducks (40), chickens (50), parrots (10), owls
(5), hawks (2), eagles (2), ravens (4), crows (2), doves
(20), pigeons (10), peacocks (20).

Black bear (1).

Coatimundi (2)

Goats (1), donkeys (3), highland cows (2), llama (2),
rabbits (5), potbellied pigs (3), wild boar (2).

Patagonian cavies (20).

Cabybara (2).

Wolves (10), foxes (10), coyotes (3), African wild dog
October 23, 2006
ii.
iii.
iv.
390
(2), prairie dogs (10), ground hogs (4), skunks (2), and
ground squirrels (4).
Notwithstanding any zone provision required in Section 22.3 to the
contrary, the following zone provisions shall apply:
a)
minimum lot area
3.0 ha (7.5 ac)
b)
minimum lot frontage
91.4 m (300 ft)
c)
minimum front yard depth for any building
or structure including an enclosure for
animals, but not including perimeter security
fencing shall be
15.2 m (50 ft)
d)
minimum side yard width for any building
or structure including and enclosure for
animals, but not including perimeter security
fencing shall be
10.5 m (34.4 ft)
e)
notwithstanding d) above, the minimum
side yard width for any building or
structure including an enclosure for animals
abutting the vacant former road side quarry
property, but not including perimeter
security fencing shall be
3 m (9.8 ft)
e)
minimum rear yard depth for any building
or structure including an enclosure for
animals but not including perimeter security
fencing shall be
3 m (9.8 ft)
f)
the setbacks of the office/kennel and storage
buildings from the westerly and southerly lot
line, existing on the date of passing of this
by-law, shall be permitted.
g)
Minimum of 35 parking spaces for the public
including 3 disabled parking spaces, and 5
parking spaces for staff to be provided on site.
h)
the Special Tourist Commercial TC-45 Zone
and the zoo/animal sanctuary shall be defined
as a “Type A” land use rather than a “Type B”
land use for the purpose of calculating any
future Minimum Distance Separation (MDS I
or II) for this property.
Land zoned TC-45 shall be subject to the site plan control provisions
within Section 41 of the Planning Act, as amended.
All other provisions of the TC Zone and By-law No. 1816, as amended,
shall apply to lands zoned TC-45.
22.5.46TC-46 Zone (R.H. Fleguel & E.P. Roughan, Part of Lots 5 & 6,
Concession Waupoos Island, Ward of North Marysburgh)
October 23, 2006
391
contrary, on the lands zoned TC-46 the following special provisions shall
apply:
i.
ii.
v.
vi.
vii.
viii.
A not-for-profit as well a commercial (for-profit) summer camp shall
be the only permitted use on lands zoned TC-46. A tourist and/or
resort establishment is not a permitted use.
No additions or enlargements to any existing buildings or structures,
or no new buildings or structures, shall be erected until the County is
provided with a current Certificate of Approval from the Ministry of
Environment or its successor, or confirmation that a Certificate of
Approval is not required, to the satisfaction of the Chief Building
Official, for all required private sewage works.
be limited or reduced, including the level of emergency service. There
is no commitment or requirement by the municipality to provide for
public ferry service and/or transportation to/from the mainland.
Owners of lands zoned TC-46 shall be solely responsible for obtaining
and providing adequate off-site mainland parking for their holding.
There shall be no commitment or cost incurred by the Corporation of
the County of Prince Edward to provide mainland parking.
On-site parking for patrons of the summer camp use shall not be
permitted.
c.P13, as amended, related to Site Plan Control shall apply to the lands
zoned TC-46.
All other provisions of the TC Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned TC-46.
22.5.47 TC-47 Zone (Shore Club Holdings c/o Don Ritter, Part of Lot 6,
Concession 1 South Side of East Lake, 258C County Road No. 18,
Ward of Athol)(Amending By-law No. 2477-2009) (OMB Order
PL080757 Decision Approved on March 18, 2009)
contrary, on the lands zoned TC-47 the following special provision shall
apply:
i.
ii.
35 ft (10.7m)
The permitted uses shall be limited to an all season Tourist
Establishment consisting of a maximum of five (5) 2 bedroom tourist
cottages with a maximum floor area of 1,294 sq ft (120.2m2) and an
October 23, 2006
iii.
iv.
v.
vi.
vii.
viii.
392
accessory building, limited to a detached storage garage with a
maximum floor area of 864 sq ft (80.3 m2), only.
An accessory dwelling house/unit shall not be permitted.
The launching and/or removal of motorized watercraft from the subject
lands is prohibited.
The Special Tourist Commercial (TC-47) Zone shall be defined as a
“Type A” land use for the purpose of calculating Minimum Distance
Separation 2 (MDS 2) formula for any expansion of the 362 m2 (3,900
sq. ft) livestock barn existing as of the date of the passing of this bylaw, located at 287 County Road No. 18, owned by D. Miller.
Subject to Subsection (v), the Special Tourist Commercial (TC-47)
Zone shall be defined as a “Type B” land use for the purpose of
calculating Minimum Distance Separation 2 (MDS 2) formula for the
construction of any new, or expansion of any existing, livestock barn
and/or manure storage on adjacent lands.
All tourist cottages shall be a minimum of 150 m (492 ft) from the
nearest portion of the County Road No. 18 road allowance.
lands zoned TC-47.
22.5.48a TC-48 Zone (Huff Estates Inc., Part of Lot 65, Concession Irvine &
Gerow Gore, 2274 County Road No. 1, Ward of Hallowell)
apply:
i.
ii.
An art gallery;
A winery;
A tourist establishment;
A retail commercial establishment accessory & secondary to the
foregoing uses;
A vineyard;
A farm produce retail outlet;
Agriculture;
One (1) accessory farm accommodation; and,
Uses that are normally incidental, subordinate and accessory to
the main permitted uses.
The following zone provisions shall specifically apply to a tourist
establishment use:
a)
The maximum number of overnight guest accommodation units
October 23, 2006
iii.
iv.
v.
vi.
393
permitted shall be 20 units;
b)
The maximum building height shall be 35 ft (10.7 m);
c)
The minimum rear yard depth shall be 600 ft (183 m);
d)
The minimum 4.5 m (14.76 ft) wide landscaped buffer area
containing a combination of evergreen trees and/or shrubs shall
be provided and maintained in the area to the north of the
tourist establishment use so as to produce a visual screen at
least 6 feet (1.8 m) in height at maturity.
A maximum of 80 persons permitted for any event in an art gallery.
A maximum of two (2) migrant workers permitted in an accessory
farm accommodation.
zoned TC-48.
All other provisions of the TC Zone and By-law No. 1816-2006, as
amended, shall apply to the lands zoned TC-48.
22.5.48b TC-48-H Zone (Huff Estates Inc., Part of Lot 65, Concession
Irvine & Gerow Gore 1527 & 1533 Highway No. 62, Ward of
i.
ii.
iii.
No person shall within the TC-48-H Zone erect any buildings or
structure for any purpose or shall use any lot or alter any building or
structure except for the following permitted uses:
uses, building and structures existing on the date of passing of
this by-law; and
one (1) sign in accordance with the County’s sign by-law, as
of the lands zoned TC-48-H until such time as:
a)
The appropriate remediation actions are taken and confirmation
of the same be provided, to rehabilitate the subject property,
to the satisfaction of the Chief Building Official; and
b)
That a Record of Site Condition is submitted to the Ministry of
the Environment, to the satisfaction of the Chief Building
Official.
Upon the deletion by Council of the ‘H’ symbol suffixed to the TC-48-H
Zone designation, the uses and zone provisions of the TC-48 Zone
shall apply to the lands so designated.
22.5.49 TC-49 Zone (Kivacorp Petroleum Limited, Part of Lots 893, 894 &
895, Plan 24, Picton,10 Chapel Street, Ward of Picton) (Amending
By-law No. 2248-2008)
apply:
October 23, 2006
i.
ii.
iii.
iv.
v.
vi.
vii.
394
tourist inn with a maximum of 7 guest accommodation rooms;
one dwelling unit within the existing building as an accessory
use to the foregoing;
home business; and
uses, buildings and structures accessory to the foregoing.
Lot area (Minimum)
1,600 sq m (17,222.8 ft2)
10.67 m (35 ft)
Minimum distance of parking area/spaces from street line shall be 1.5
m (4.9 ft).
lands zoned TC-49.
Maximum number of on-site parking spaces shall be 8 (including 1
22.5.50 TC-50 Zone A.C. Stark Limited (c/o Cottage Advisors of Canada
Inc.) 392 County Road 18, Part Lot 7 & 8, Concession 1, South
Side East Lake, Ward of Athol) Amending By-law No. 24262009 By-law No. 2722-2010 & By-law No. 2737-2010 (Removal
of Holding TC-50-H1 &TC-50-H2
i.
Notwithstanding any provisions of By-law No. 1816-2006 as amended
to the contrary, on the lands zoned TC-50 the permitted uses shall be
limited to the following:
a.
A tourist establishment consisting of 237 tourist cottages and
associated recreational facilities and visitor services;
b.
A retail store with maximum of floor area of 385 sq m
(4,144.2 sq/ft);
c.
A restaurant with a maximum of 100 seats;
d.
One Single detached dwelling unit for an on-site caretaker; and
e.
Uses buildings and structures normally incidental and accessory
to the foregoing including wastewater treatment facilities
ancillary to the tourist establishment.
ii.
The tourist establishment shall operate on a seasonal basis for seven
(7) months, from April 1 to October 31, annually, only.
iii.
Minimum Lot Area –
iv.
Minimum Front Yard Setback –
v.
Minimum Interior Side Yard Setback north of wetlands – 15 m
25.5 ha (63 ac)
24 m (78.7 ft)
October 23, 2006
395
(49.2 ft)
vi.
Maximum Lot Coverage – 10%
vii.
Maximum Floor Area of Tourist Cottage – 75 sq m (807. sq. ft)
viii.
Maximum Building Height of Tourist Cottage – 6 m (19.7 ft)
ix.
The minimum number of on-site parking spaces shall be 526 spaces,
including 17 barrier-free stalls.
x.
Section 4.26 of By-law No. 1816-2006, as amended, shall not apply
from the Closed Landfill Site located on Part of Lot 9, Concession 1
South Side of East Lake.
xi.
zoned TC-50.
xii.
A By-law shall not be enacted to remove the “Holding One” (-H1)
a.
been executed and registered on title of the lands. The Agreement
shall address, among other things: a) design, construction and
maintenance of screening for abutting residential uses; b) the
establishment and maintenance of natural shoreline, wetland and
forest buffer areas in accordance with the recommendations of the
Environmental Impact Study (EIS), prepared by Mickalski Nielson
Associates Limited, dated October 2008; and c) a monitoring plan
prepared by a qualified biological consultant to protect the site during
and after construction to ensure compliance with the Species at Risk
Act and other applicable environmental legislation.
b.
All approvals have been received from the Quinte Conservation
Authority under is regulations for expansion of the roadway across the
internal wetland, approval of on-site storm water quality control
measures; all construction proposed within 30 m of the 1:100
year flood plain; and any proposed alterations or in-water works that
are proposed.
c.
Providing to the Municipality a copy of a current Certificate of
Approval from the Ministry of the Environment, or is successor, for all
required private sewage works; and
d.
Prior to the removal of the “Holding One” (-H1) symbol, no
person shall erect any building or structure for any purpose or shall
use or alter any building or structure for any purpose except for the
existing two (2) single detached dwellings, one (1) seasonal cottage,
miniature golf course and golf driving range.
xiii.
A By-law shall not be enacted to remove the “Holding Two” (-H2)
October 23, 2006
396
a.
been executed and registered on title of the lands. The Agreement
shall address, amonth other things: a) the design construction and
maintenance of screening for abutting residential uses; b) the
establishment and maintenance of natural shoreline, wetland and
forest buffer areas in accordance with recommendations of the
Environmental Impact Study (EIS), prepared by Michalski Nielson
Associates Limited, dated October 2008; and c) a monitoring plan
prepared by a qualified biological consultant to protect the site during
and after construction to ensure compliance with the Species at Risk
Act and other applicable environmental legislation.
b.
All approvals have been received from the Quinte Conservation
Authority under its regulations, approval of on-site storm water quality
control measures; all construction proposed within 30 m of the 1:100
year flood plain; and any proposed alterations or in-water works that
are proposed.
c.
Providing to the Municipality a copy of a current Certificate of
Approval from the Ministry of Environment, or its successor, for all
required private sewage works; and
d.
The Ministry of Culture has provided written clearance for
archaeological sites identified as East Lake 1 (AlGh-70), Maple View
(AlGh-71), East Lake 2 (AlGh-72) and East Lake 3 (AlGh-73) and
associated buffers; and
e.
Prior to the removal of the “Holding Two” (-H2) symbol, no
person shall erect any building or structure for any purpose and the
only permitted use shall be conservation and open space uses.
xiv.
Upon removal of the “Holding One” (-H1) symbol and /or the “Holding
Two” (-H2) symbol by Council, the uses and zone provisions of the TC50 Zone shall apply.
amended shall apply to the lands zoned TC-50.
22.5.53 TC-53 Zone (Picton Golf & Country Club, 734 County Highway
49, Ward of Hallowell(Amending By-law No. 2483-2009)
apply :
i.
The permitted uses shall be limited to the following :
a. Golf course
b. Golf driving range
c. Miniature golf course
October 23, 2006
397
d. Public or private park or open space
e. Conservation and sustainable resource management uses
f. Any use, building or structure accessory to a permitted use
including recreational facilities, convenience store and restaurant, and
e. One single detached dwelling or one dwelling unit as an
accessory use to any of the foregoing permitted non-residential
uses.
amended, shall apply to the lands zoned TC-53.
22.5.54 TC-54-H Zone (Country Club Investments Ltd.) Part of Lots 10,
188, 191, 195, 196, 196B & 197, Plan 8, Ward of Wellington
apply:
i.
a) A golf course club house, including parking and accessory uses
such as tennis courts, fitness area, outdoor patio and a pool;
b) Accessory retail commercial establishment;
c) Restaurant;
d) Banquet Hall;
e) Maximum of ten (10) guest suites, which may be located in a
separate building;
f) Sales or professional office; and
g) Uses, buildings and structures accessory to the foregoing
ii.
Front Yard (minimum)
iii.
zoned TC-54.
3.0 m
All other provisions of the TC Zone and By-law No. 1816-2006 as amended,
October 23, 2006
SECTION 23
398
TRAILER PARK COMMERCIAL (TPC) ZONE
No person shall within a Trailer Park Commercial (TPC) Zone use any land or erect,
alter or use any building or structure except in accordance with the following:
23.1.1
travel trailer, tent and recreational vehicle park
23.1.2
mobile restaurant
23.1.3
any use, building or structure accessory to a permitted use including
recreational facilities, convenience retail outlet and restaurant
23.1.4
4.23 of this By-law
23.1.5
23.2.1
23.2.2
home business
23.2.3
residential uses
23.3.1
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Requirements for travel trailer, tent and recreational vehicle parks
Minimum Lot Area
4 ha (10 ac.)
100 m (328 ft.)
Minimum Front Yard
15 m (50 ft.)
6 m (19.7 ft.)
6 m (19.7 ft.)
Minimum Rear Yard
7.5 m (25 ft.)
Maximum Lot Coverage (all buildings and structures,
including travel trailers, tents and recreational vehicles) 25%
40%
1.
10 m (32.8 ft.)
2.
Other permitted buildings and structures
10 m (32.8 ft.)
October 23, 2006
x.
23.3.2
1.
2.
3.
4.
5.
6.
7.
399
No travel trailer, tent or recreational vehicle park shall be established
closer than 122 metres (400 feet) to any existing Residential Zone or a
residential use on an adjacent lot.
Requirements for a travel trailer, tent or recreational vehicle site
2
Minimum Site Area
280 m (3,013 sq. ft.)
15 m (49.2 ft)
Minimum Setback from Internal Roads
6 m (19.69 ft)
25%
40%
Maximum Travel Trailer or Recreational Vehicle Height 5 m (16.4 ft.)
Maximum Number of Travel Trailers or
Recreational Vehicles Per Site
1
LOADING PROVISIONS
of any land, building or structure permitted within the Trailer Park
Commercial (TPC) Zone shall apply and be complied with.
23.5 SPECIAL TRAILER PARK COMMERCIAL (TPC) ZONES
23.5.1 TPC-1 Zone (Quinte’s Isle Campark Inc., Part of Lots 21 & 22,
Concession I, SSEL, Ward of Athol)
TPC-1 Zone, the following provisions shall apply:
i.
ii.
iii.
iv.
2
Minimum area of each tourist camp site
279 m (3,000 sq. ft.)
Maximum number of tourist camp sites
425
Minimum front yard setback for all uses, buildings and
structures, except for the existing tennis courts
488 m (1601 ft.)
R.S.O., 1990 shall apply to the lands within the TPC-1 Zone. A Site
Plan Agreement shall be entered into prior to the development of any
new trailer sites.
23.5.2 TPC-2 Zone (Part of Lot 13, Concession I, SSEL, Ward of Athol)
October 23, 2006
i.
ii.
iii.
400
1.
A travel trailer park
2.
A tourist cabin establishment
3.
Uses and structures accessory to the permitted non-residential
uses.
Maximum number of trailer camp sites shall be 15
Maximum number of tourist cabins shall be 3
23.5.3 TPC-3 Zone (Part of Lots 7 & 8, Concession I, SSEL, Ward of
Athol)
i.
ii.
iii.
1.
2.
A golf driving range
3.
uses.
The permitted residential uses shall be:
1.
Two (2) accessory single detached dwellings
2.
One seasonal cottage
23.5.4 TPC-4 Zone (Part of Lot 13, Concession I, SSEL, Ward of Athol)
i.
ii.
iii.
iv.
1.
2.
use.
Minimum lot area
1.0 ha (2.47 ac.)
15.0 m (49.2 ft.)
23.5.5 TPC-5 Zone (Log Cabin Tourist Establishment, Part of Block B,
Concession I, Ward of Athol)
i.
1.
A travel trailer camp
2.
Tourist cottages
October 23, 2006
401
3.
ii.
iii.
uses.
Maximum number of tourist cottages shall be 6
23.5.6 TPC-6 Zone (Ward of Hillier)
i.
In addition to the uses set out in Section 23.1, a motor vehicle sales
establishment shall be a permitted non-residential use.
23.5.7 TPC-7 Zone (Foster’s Campground, Part of Lot 16, Concession 1,
WGP, Ward of Sophiasburgh)
i.
ii.
1.
A travel trailer, tent and recreational vehicle park with a
maximum of 20 sites.
2.
Two boat launch facilities
3.
Washroom facilities accessory to the above uses.
The site shall be developed in accordance with Site Plan No. S-1 dated
December 20, 1995 and revised August 20, 1996, deposited with the
County.
23.5.8 TPC-8 Zone (Wesley Acres Inc. Ward of Hallowell)
i.
ii.
An existing church camp complex providing accommodation, dining,
worshiping, meeting and recreational facilities for a maximum of 267
seasonal tourist trailer sites, 28 itinerant camping sites, and 37 motel
units; and uses accessory thereto, including 3 single family dwelling
units for staff, administration offices and associated water and sewage
servicing facilities and uses normally ancillary thereto, shall be the
only permitted uses on the lands zoned TPC-8.
Requirements for tourist trailer sites (tourist trailers including additions
thereto, and accessory buildings):
a.
Minimum setback from internal roads 3.0 m (10 ft)
b.
1.5 m (5 ft)
c.
Minimum rear yard
1.5 m (5 ft)
d.
Maximum lot (site) coverage of all structures 50%
October 23, 2006
iii.
402
The requirement of Section 41 of the Planning Act, R.S.O. 1990,
lands zoned TPC-8.
23.5.9 TPC-9 Zone (Kevin & Marja Korpela, Lake Avenue Resort Park Inc.,
Part of Lot 17, Concession 1, South Side of East Lake, 37 – 38 Lake
Avenue Lane, Ward of Athol) (Amending By-law No. 3030-2012)
Notwithstanding any provisions of By-law 1816-2006, as amended to the
contrary, on the lands zoned TCP-9 the following special provisions shall
apply:
i.
Seasonal Travel trailer, tent and recreational vehicle park
consisting of a maximum of 156 fully serviced sites; and
Maximum of 3 two-bedroom seasonal rental cabins;
Maximum of 1 single detached dwelling as an accessory use to
the foregoing permitted non-residential uses; and
Uses, buildings or structures normally incidental and accessory
to the forgoing non-residential uses, including the sale of prefilled propane tanks and a retail commercial
establishment/convenience store.
ii.
iii.
The requirements of Section 41 of the Planning Act R.S.O.1990,
lands zoned TPC-9.
iv.
For the purpose of this by-law “Seasonal” shall mean a use not
exceeding ten (10) months per year, with an annual shut down and
park closure for a continuous sixty (60) day period, in accordance with
the Ministry of the Environment Compliance Approval.
-0 m (0 ft)
All other provisions of the TPC Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned TPC-9.
23.5.10 TPC-10 Zone (Cherry Lane Campground c/o David & Patti
Markland, Part Lot 3, Concession 1 SSEL, 4 County Road No. 18
& 89 Sandy Lane, Ward of Athol) (Amending By-law No. 25182009)
contrary, on the lands zoned TPC-10, the following special provisions shall
apply:
i.
In addition to the uses normally permitted in the TPC Zone, permitted
uses shall also include;
October 23, 2006
ii.
iii.
iv.
403

Three (3) Tourist Cottages
Minimum Front Yard for a Tourist Cottage shall be 15 m (50 ft)
Minimum Interior Side Yard for a Tourist Cottage shall be m (19.7 ft)
Minimum Rear Yard for a Tourist Cottage shall be 7.5 m (25 ft)
shall apply to the lands zoned TPC-10.
23.5.11 TPC-11 Zone (1670371 Ontario Inc., 153 County Road No. 27,
Part of Lot 32, Concession 3, Ward of Hillier) (Amending By-law
No. 2645-2010)
contrary, on the lands zoned TPC-11 the following special provision shall
apply:
i.
ii.
iii.
iv.
v.
vi.
use
vii.
viii.
ix.
x.
xi.
Maximum number of fully serviced travel trailer or recreational vehicle
sites shall be 178.
Notwithstanding (i), a maximum of 152 fully serviced travel trailer or
recreational vehicle sites, one single detached dwelling, one 2bedroom apartment unit and one washroom/shower building shall be
permitted without an amendment to the existing (1994) Certificate of
Approval #C-195-94 approved by the Ministry of Environment. The
placement or construction of more than 152 fully serviced travel trailer
or recreational vehicle sites will require an amendment to the existing
Certificate of Approval.
For the purposes of this by-law the term “fully serviced” shall mean
individual access to the communal water and wastewater systems.
30%
Landscaped Open Space (Minimum)
20%
No travel trailer, tent or recreational vehicle park shall be established
closer than 30.5 m (100 ft) to any existing Residential Zone or
on an adjacent lot.
Site Lot Area (Minimum)
185 sq m (2000 ft2)
Site Frontage (Minimum)
7.5 m (25 ft)
Setback from Internal Road (Minimum)
3 m (10 ft)
Site Coverage (Maximum)
50%
Site Landscaped Open Space (Minimum)
25%
All other provisions of the TPC Zone and By-law No. 1816-2006, as
amended, shall apply to the lands zoned TPC-11.
23.5.12 TPC-12 Zone (Quinte’s Isle Campark Inc.) Part Lots 21 to 23,
Concession 1 South Side of East Lake, Ward of Athol)(Amending
By-law No. 3152-2012)
October 23, 2006
404
contrary, on the lands zoned TPC-12 the following provisions shall apply:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
In addition to those uses permitted in TPC Zone, the following nonresidential uses shall also be permitted:
1. Travel trailer park with a maximum number of 194 trailer sites
2. Nine (9) hole golf course
3. Golf driving range
4. Marina/Marine facilities, which may include the following uses
among others:
a) docking facilities and boat launch ramp
5. Restaurant
6. Comfort station; and
7. Uses that are normally incidental and accessory to the above uses.
Minimum Lot Frontage – Nil
1. Lands zoned TPC-12 are contiguous with the Quinte’s Isle Campark
establishment and gain vehicular access through the TPC-1 zone
abutting to the north at 237 Salmon Point Road, a publicly maintained
and assumed year-round road.
Minimum Rear Yard/Lake Ontario Setback
1. A minimum 15 m (49.2 ft) setback from an elevation of 76.3
metres GSC (Lake Ontario 1:100 year flood elevation plus wave
uprush) or 30 m (98.4 ft) setback from the high water mark of Lake
Ontario, whichever is greater, to the nearest portion of any building or
structure located in the TPC-12 Zone, with the exception of unenclosed
decks, driveways, boathouses, docks, shore wells, or other marine
facilities that have been approved by the Conservation Authority and
the County.
Minimum Site Area – 279 m2 (3003 ft2)
Minimum Site Frontage – 12.2 m (40ft)
Maximum Site Coverage – 40%
zoned TPC-12.
shall apply to the lands zone TPC-12.
October 23, 2006
SECTION 24
405
GENERAL INDUSTRIAL (MG) ZONE
No person shall within an General Industrial (MG) Zone use any land or erect, alter
or use any building or structure except in accordance with the following:
24.1.1
manufacturing, machining, processing, assembling, wholesaling or
warehousing use in wholly enclosed buildings
24.1.2
transport terminals
24.1.3
building supply outlet
24.1.4
contractor’s yard
24.1.5
farm and garden machinery sales and service
24.1.6
24.1.7
motor vehicle body shop
24.1.8
24.1.9
motor vehicle washing establishment
24.1.10
mobile home and modular home construction and sales
24.1.11
recreational vehicles sales and service
24.1.12
mini storage facility
24.1.13
dry cleaning establishment
24.1.14
light and heavy equipment sales and/or rentals
24.1.15
printing pr publishing establishment
24.1.16
public uses and utilities in accordance with the provisions of Section
4.23 of this By-law
24.2.17
public works yard and/or garage
24.1.18
truck repair and maintenance depot
24.1.19
veterinary clinic
October 23, 2006
406
24.1.20 brew-your-own beer and wine making establishment
24.1.21
recycling depot
24.1.22
fuel storage depot
24.1.23
office, accessory to any permitted use
24.1.24
accessory retail commercial factory outlet up to 25% of gross floor
area of building
24.1.25
uses, including open storage, buildings and structures accessory to the
foregoing permitted uses
24.2.1
residential uses are prohibited
24.3.1
i.
24.3.2
i.
Minimum Lot Area
560 m2 (6,028 ft.2)
18 m (59.1 ft.)
24.3.3
Minimum Front Yard
15 m (49.2 ft.)
24.3.4
15 m (49.2 ft)
24.3.5
i.
ii.
24.3.6
i.
ii.
abutting an industrial zone
7.5 m (25 ft)
10 m (33 ft)
Minimum Rear Yard
7.5 m (25 ft.)
10 m (33 ft)
24.3.7
40%
24.3.8
15%
24.3.9
15 m (49.2 ft)
October 23, 2006
24.3.10
407
Open storage of goods and materials shall:
i.
Not be permitted in the front yard or the exterior side yard;
ii.
Be enclosed by an opaque fence or wall that is a minimum of 2 m (6.6
ft.) in height, where such storage is located within 10 m (32.8 ft.) of a
Residential, Institutional, Open Space or Future Development Zone.
All uses permitted in the General Industrial (MG) Zone shall be serviced with
full municipal water supply and sanitary sewer services.
LOADING PROVISIONS
of any land, building or structure permitted within the General Industrial
(MG) Zone shall apply and be complied with.
24.6 SPECIAL GENERAL INDUSTRIAL (MG) ZONES
24.6.1 MG-1 Zone (Loweastern Inc., Ward of Bloomfield)
Notwithstanding any provisions of this By-law to the contrary, within the MG1 Zone, the following provisions shall apply:
i.
ii.
Permitted Uses
1.
the manufacture of insulation
2.
the manufacture and sale of products related to heating and
energy conservation of buildings
3.
a motor vehicle repair garage
4.
equipment rentals
5.
nursery
6.
the sale of recreational motor home and recreational travel
trailers and motor vehicles
1.
The uses permitted above shall not include any uses which will
emit noxious fumes or odours, those uses which exceed the
Ministry of the Environment guidelines on noise emission, or
those uses which discharge large amounts of liquid effluent. All
permitted uses must obtain the approval of the Ministry of the
Environment, Industrial Abatement Section
October 23, 2006
2.
3.
408
No parking relating to the any permitted use of the MG-1 Zone
will be permitted on County Road No. 12.
Open storage for the uses permitted in the MG-1 Zone will not
be permitted to be scattered throughout the MG-1 Zone. Open
storage relating to each use must be segregated and except for
uses related to commercial sales, the open storage must be at
the north end of the property, screened from view from County
Road No. 12, by the existing buildings or by tree planting and
fencing.
24.6.2 MG-2 Zone (Ward of Bloomfield)
i.
ii.
Permitted Uses
1.
The storage of base fertilizer materials
2.
The blending of base fertilizer materials
3.
The selling of fertilizer
1.
The uses permitted above shall not include any uses which will
emit noxious fumes or odours, those uses which exceed the
Ministry of Environment guidelines on noise emission or those
uses which discharge large amount of liquid effluent. All
permitted uses must obtain the approval of the Ministry of the
Environment Industrial Abatement Section.
24.6.3 MG-3 Zone (Ward of Bloomfield)
i.
ii.
1.
Any manufacturing or industrial undertaking that is conducted
and wholly contained within an enclosed building and is not
hazardous by reason of sound, odour, inflammability, dust,
fumes, or smoke and which shall not be detrimental in
appearance or effect to surrounding areas.
1.
Minimum Front Yard
0 m (0 ft.)
2.
Minimum Eastern Side Yard
0.1 m (30 ft.)
3.
Minimum Western Side Yard
6.0 m (20 ft.)
24.6.4 MG-4 Zone (Wellington Building Supplies, Cleminson Street,
Ward of Wellington)
October 23, 2006
i.
ii.
409
The following use shall be permitted, serviced with private water and
sewage disposal systems, provided that water is used primarily for
consumption by employees and is not uses in an industrial process:
1.
a warehouse
2.
a wholesale establishment
3.
a tradesman’s shop
4.
a welding shop
5.
a public garage
6.
a muffler, auto glass, auto body repair and other motor vehicle
repair establishment
7.
a greenhouse
8.
a dry cleaning establishment
9.
a farm supplies or grain and feed establishment
10.
a monument works
11.
a truck terminal or freight handling depot
12.
an excavation company
13.
a well drilling company
14.
other light to medium manufacturing and assembly
establishment (with concealed storage)
15.
retail, wholesale or business outlets accessory to a permitted
uses
1.
Minimum Front Yard
5.0 m (16.4 ft.)
2.
3.
4.
5.
Minimum
Minimum
Minimum
(0.32 ft.)
Minimum
(0.32 ft.)
2
Lot Area
5000 m (53,821.3 sq. ft.)
Lot Frontage
65 m
side yard (existing buildings or structures) 0.1 m
rear yard (existing buildings or structures) 0.1 m
24.6.5 MG-5 Zone (Greer Propane, Cleminson Street, Ward of Wellington)
i.
A propane depot shall also be a permitted use.
ii.
iii.
iv.
v.
vi.
Minimum Lot Area
2428.2 m (26,137.7 sq. ft.)
68.6 m (225 ft)
Minimum Front Yard
7.6 m (24.9 ft.)
Minimum Rear Yard
7.6 m (24.9 ft.)
Landscaped open space of a minimum width of 15 m (49 .2 ft.) shall
be provided and maintained along a side yard abutting any rail line.
2
October 23, 2006
410
24.6.6 MG-6 Zone (Evans Lumber, Ward of Picton)
i.
The buildings existing on the date of passing of this By-law and any
future improvements thereto, are a permitted use providing that the
existing building setbacks are not further reduced and any future
additions meet the setback requirements of the MG Zone.
24.6.7 MG-7 Zone (P.E.A.C.L., Ward of Picton)
i.
A Life Skills Centre and Teaching Facility for developmentally
handicapped adults shall be a permitted use in addition to the uses
permitted in the MG Zone.
24.6.8 MG-8 Zone (VanZuylen Alignment & Tire Service, Ward of
Picton)
i.
ii.
The minimum side yard along the south westerly limit of the property
and the minimum rear yard along the south easterly limit of the
property shall be 1.22 m (4.0 ft.).
No buffer strip or planting strip shall be required.
24.6.9 MG-9 Zone (Arnie’s Muffler and General Repairs, Ward of
Picton)
i.
ii.
Minimum side yard, east side
Minimum side yard, west side
0.5 m (1.75 ft.)
3.9 m (13 ft.)
24.6.10 MG-10 Zone (Ward of Hillier) (Amending By-law No. 24442009)
i.
a)
An establishment manufacturing wrought iron furniture and
ornamental objects;
October 23, 2006
b)
411
All uses permitted in the General Industrial (MG) Zone, save and
except:
i.
manufacturing, machining, processing, assembling,
wholesaling or warehousing use;
ii.
transport terminal;
iii.
recycling depot; and
iv.
fuel storage depot.
All other provisions of the MG Zone and the Special MG-10 Zone and By-law
No. 1816-2006, as amended shall apply to the lands zone MG-10.
24.6.11 MG-11-H Zone (Loch-Sloy Industrial Park, Ward of Hallowell)
Notwithstanding any provisions of this By-law to the contrary, within the MG11-H Zone, the following provisions shall apply:
i.
ii.
iii.
iv.
24.6.12
The uses, building and structures shall be limited to those uses,
buildings and structures existing at the time of passing of this By-law.
Repairs and renovations to existing buildings and structures in
accordance with Section 4.20.2 of this By-law shall be permitted.
A film studio shall also be a permitted use.
A by-law shall not be enacted to remove the "H" symbol on part(s) or
all of the lands zoned MG-11-H to allow for a new use, building or
structure or an expansion to an existing use, building or structure until
the following conditions are met:
a)
Municipally treated water is provided to the satisfaction of the
county;
b)
Sanitary sewage services are provided to the satisfaction of the
proper approval authority; and
c)
A site plan control approval or development agreement pursuant
of section 41 of the planning act is obtained from the county, if
deemed necessary.
Upon the removal of the "H" symbol, the permitted uses and
regulations of the General Industrial (MG) Zone shall apply to those
lands from which the "H" symbol is removed and are zoned MG-11,
save and except for the following:
a)
Minimum lot area
80.9 ha (200 ac)
b)
457.2 m (1500 ft.)
c)
In addition to those uses permitted in the MG Zone, a film
studio shall also be a permitted use.
MG-12-H Zone (Paul Greer) (Amending By-law No. 1939-2007)
MG-12 Zone (‘H’ removed – Amending By-law No. 2807-2011)
contrary, on the lands zoned MG-12, the following special provisions shall
apply:
October 23, 2006
i.
ii.
iii.
412
The following uses shall be permitted serviced with private water and
consumption by employees and is not used in an industrial process:
1.
Contractors Yard
2.
Office, accessory to any permitted use
3.
Regulations for permitted uses;
Minimum Lot Area
3925 m2 (42, 254 ft2)
39 m (129 ft)
Prior to the removal of the “Holding” (-H) symbol, the only uses
permitted, shall be those existing as of the date of adoption of this bylaw
until such time as a site plan review or agreement has been executed
to the satisfaction of the County.
All other provisions of the MG Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned MG-12.
24.6.13 MG-13 Zone (Don Hackett’s Collision Services Ltd., 32 County Road
No. 3, Part of Lots 40, 42, 44, 52 & 53, Plan 3 (Rossmore), Ward of
contrary, on the lands zoned MG-13 the following special provisions shall
apply:
i.
ii.
iii.
iv.
v.
Permitted Uses shall be limited to:
1.
Motor Vehicle Body Shop
2.
Motor Vehicle Repair Garage
3.
foregoing.
A paint booth shall not be a permitted use.
The setbacks of the building existing on the date of passing of this bylaw and any improvements thereto shall be permitted, however any
the MG Zone.
The uses permitted in the MG-13 Zone shall be serviced with municipal
water and a private septic system.
lands zoned MG-13.
October 23, 2006
413
24.6.14 MG-14 Zone (Hackett Brothers Holdings Ltd., 46 County Road No.
3, Part of Lots 36, 38, 39 & 40, Plan 3 (Rossmore), Ward of
apply:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
Permitted Uses shall be limited to:
a.
Motor Vehicle Body Shop
b.
Motor Vehicle Repair Garage
c.
Motor Vehicle Rental Establishment
d.
Business and Professional Office
e.
A Retail Commercial Establishment
f.
foregoing.
The existing paint booth in its existing location only shall be a
permitted use.
Front Yard Setback (Minimum)
10.6 m (34.7 ft.)
The setbacks of the building existing on the date of passing of this bylaw and any improvements thereto shall be permitted, however any
the MG Zone.
No Loading Spaces are required for the uses permitted in the MG-14
Zone.
A landscaped planting strip shall not be required along the front lot line
and the easterly interior lot line.
The uses permitted in the MG-14 Zone shall be serviced with municipal
water and a private septic system.
c.P.13, as amended, related to Site Plan Control shall apply to the
lands zoned MG-14.
24.6.15 MG-15 Zone (Toronto Locksmith Limited, Part of Lot 1047, Plan 24,
19-21 York Street, Ward of Picton) (Amending By-law No. 20122007)
apply:
i.
In addition to those uses normally permitted in the MG Zone the
one dwelling unit in a portion of the industrial building for a
caretaker/watchman or person employed in the main operation
October 23, 2006
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
414
on the same lot.
Minimum Front Yard
7.5 m (24.6 ft.)
Minimum Eastern Interior Side Yard
7.5 m (24.6 ft.)
Minimum Western Interior Side Yard
4.5 m (14.8 ft.)
Minimum Rear Yard
7.5 m (24.6 ft.)
Minimum setback from a private right-of-way 0 m (0 ft.)
Minimum number of Loading Spaces
1 space
Minimum width for a Loading Space
3.6 m (11.8 ft.)
Minimum Parking Space size shall be 5.5 m (18 ft.) by 2.6 m (8.5 ft).
24.6.16 MG-16-H Zone (Jason Clark) (Amending By-law No. 2029-2007)
apply:
i.
ii.
iii.
iv.
The following uses shall be permitted serviced with private water and
consumption by employees and is not used in an industrial process:
1.
Motor vehicle repair garage
2.
accessory, office not exceeding 15% of gross floor area
3.
accessory retail sales, not exceeding 10% of gross floor area
Minimum Lot Area
3000 m2 (34,848 ft2)
39 m (129 ft)
Prior to the removal of the “Holding” (-H) symbol, the only uses
permitted shall be those existing as of the date of adoption of this bylaw
until such time as a site plan review or agreement has been executed
to the satisfaction of the County.
24.6.17 MG-17 Zone (Loyalist Contractors Inc., 11 MacSteven Drive, Part of
Lot 40, Plan 28, Part of Lot 3, Concession North West of Carrying
Place, Ward of Picton) (Amending By-law 2223-2008 & 24302009)
apply:
October 23, 2006
i.
ii.
415
In addition to the uses normally permitted in the MG Zone a restaurant
as a secondary use to an on-site manufacturing use shall also be
permitted and limited to a maximum floor area of 50 sq m (538.2 ft2).
In addition to the uses normally permitted in the MG Zone an
educational classroom associated with Prince Edward Collegiate
Institute shall also be permitted and limited to a maximum floor area
of 111.5 sq m (1200 ft2).
shall apply to the lands zone MG-17.
24.6.18 MG-18 Zone (Sandbank Homes Inc., MacSteven Drive, Lot 37, Plan
28, Part of Lot 4 Concession 1 North West of Carrying Place, Ward
of Picton) (Amending By-law No. 2331-2008)
contrary, on the lands zoned MG-18 the following provisions shall apply:
i.
ii.
In addition to the uses normally permitted in the MG Zone the
Professional Office; and
Real Estate Sales Office.
zoned MG-18.
24.6.19 MG-19 Zone (Loyalist Humane Society, MacDonald Drive, Lot 25,
Plan 28, Part of Lot 3, Concession 1 North West Carrying Place,
Ward of Picton)(Amending By-law No. 2328-2008)
apply:
i.
ii.
In addition to the uses normally permitted in the MG Zone the
animal pound; and
permitted uses.
lands zoned MG-19.
October 23, 2006
416
24.6.20 MG-20 Zone (Port of Picton Industrial Park) Lots 25, 29. 32, 35,
38, 41, 44, 47, 50 & 52 Port of Picton Industrial Park, McDonald
Drive, Picton Ward (Amending By-law No. 2972-2011)
contrary, on the lands zoned MG-20 the following special provision shall
apply:
i.
a. Manufacturing, Machining, Processing and Assembling use in wholly
enclosed buildings;
b. Accessory retail commercial facility outlet up to 25% gross floor
area of building;
c. Accessory office space; and
d. Uses normally incidental and accessory to the foregoing.
ii.
The requirements of Section 41 of the Planning Act, R.S.O. 1990,c.P
zoned MG-20.
October 23, 2006
SECTION 25
417
HEAVY INDUSTRIAL (MH) ZONE
No person shall within an Heavy Industrial (MH) Zone use any land or erect, alter or
use any building or structure except in accordance with the following:
25.1.1
recycling depot
25.1.2
salvage yard
25.1.3
fuel storage depot
25.1.4
wrecking yard
25.1.5
25.1.6
4.23 of this By-law
25.1.7
25.2.1
25.2.1
Minimum Lot Area
0.4 ha (1.0 ac.)
25.2.2
45 m (150 ft.)
25.2.3
Minimum Front Yard
15 m (49.2 ft.)
25.2.4
15 m (49.2 ft.)
25.2.5
i.
ii.
25.2.6
i.
ii.
7.5 m (25 ft.)
12 m (40 ft)
Minimum Rear Yard
7.5 m (25 ft.)
12 m (33 ft)
October 23, 2006
418
25.2.7
25.2.8
15%
25.2.9
15 m (49.2 ft.)
25.2.10
i.
ii.
ft) in height.
LOADING PROVISIONS
of any land, building or structure permitted within the Heavy Industrial (MH)
25.4 SPECIAL HEAVY INDUSTRIAL (MH) ZONES
25.4.1 MH-1 Zone (Part of Lots 1 & 2, Concession 1, South Bay of Quinte,
Notwithstanding any provisions of this By-law to the contrary, within the MH1 Zone, the following provisions shall apply:
i.
The uses permitted shall be restricted to that of a motor vehicle
wrecking yard/salvage yard, and such other accessory buildings,
structures or uses as are normally considered incidental and
subordinate thereto.
25.4.2 MH-2 Zone (Part of Lots 59 & 60, Concession 2, Broken Front,
Notwithstanding any provisions of this By-law to the contrary, within the MH2 Zone, the following provisions shall apply:
i.
The uses permitted shall be restricted to that of an motor vehicle
wrecking yard/salvage yard, and accessory buildings, structures or
uses are normally considered incidental and subordinate to more uses.
October 23, 2006
ii.
iii.
iv.
v.
vi.
419
Minimum lot area
6.39 ha (15.78 ac.)
For the purposes of this By-law the three separate conveyable lots
within the MH-2 Zone, totaling approximately 6.39 hA (15.78 ac) of
land are considered one lot.
Minimum front yard
7.6 m (25.0 ft.)
Minimum rear yard
5.48 m (18 ft)
The removal and storage of waste fluids shall take place only within a
contained area.
vii. The movement of vehicles on site shall be restricted to internal
roads within the property.
25.4.3 MH-3 Zone (Part Lot 15, Concession 2, South West Green Point,
Notwithstanding any provisions of this By-law to the contrary, within the MH3 zone, the following provisions shall apply:
i.
cement plant
October 23, 2006
SECTION 26
420
RURAL INDUSTRIAL (MR) ZONE
No person shall within an Rural Industrial (MR) Zone use any land or erect, alter or
use any building or structure except in accordance with the following:
26.1.1
agricultural products processing establishment
26.1.2
agricultural produce warehouse
26.1.3
abattoir
26.1.4
aerodrome
26.1.5
cheese factory
26.1.6
farm and garden machinery sales and service establishment
26.1.7
26.1.8
workshop
26.1.9
custom workshop
26.1.10
contractor’s yard
26.1.11
micro brewery
26.1.12
winery
26.1.13
26.1.14
4.23 of this By-law
26.1.15
26.2.1
to any of the foregoing except motor vehicle repair garage
26.2.2
home business
October 23, 2006
26.2.3
421
residential uses
26.3.1
Minimum Lot Area
0.8 ha (1.9 ac.)
26.3.2
60 m (196.9 ft.)
26.3.3
Minimum Front Yard
15 m (49.2 ft.)
26.3.4
15 m (49.2 ft.)
26.3.5
12 m (39.3 ft.)
26.3.6
Minimum Rear Yard
12 m (39.3 ft)
26.3.7
25%
26.3.8
25%
26.3.9
15 m (49.2 ft.)
26.3.10
i.
ii.
ft.) in height.
LOADING PROVISIONS
of any land, building or structure permitted within the Rural Industrial (MR)
26.5 SPECIAL RURAL INDUSTRIAL (MR) ZONES
October 23, 2006
422
26.5.1 MR-1 Zone (Part Lot D, Concession South Prince Edward, Ward
Notwithstanding any provisions of this By-law to the contrary, within the MR1 Zone, the following provisions shall apply:
i.
1.
a fruit processing plant
2.
a welding shop
3.
a factory outlet
26.5.2 MR-2 Zone (Part of Lot 8, Concession I, North Black River, Ward of
South Marysburgh)
i.
ii.
iii.
The only permitted uses shall be a boat manufacturing plant.
Minimum lot area
0.4 ha (0.98 ac)
30 m (98.4 ft.)
26.5.3 MR-3 Zone (Cole’s, Part Lot 5, Concession 2, South Bay of Quinte,
i.
The only permitted use shall be a repair shop, contained entirely within
one (1) building, for the repair and servicing of farm machinery and
equipment, motor vehicles and industrial equipment, as well as
accessory outside parking of such machinery, equipment and motor
vehicles awaiting repair and servicing.
26.5.4 MR-4 Zone (Harrison Food Ltd. Part Lot 23, Concession Bayside,
i.
ii.
1.
a commercial fishing dock
2.
a fish processing plant
3.
a vegetable processing plant
4.
retail commercial uses accessory to the above
5.
motor vehicle sales and service establishment
For the purposes of this Section, a motor vehicle sales and service
establishment shall mean a building and/or lot used for the display,
sale and/or lease of new and used motor vehicles and/or a place
October 23, 2006
iii.
423
where motor vehicles may be oiled, greased, ignition or brakes
adjusted, tires inflated, batteries charged or more generally where
repair or equipping of motor vehicles is performed but does not include
a wrecking/salvage yard or the retail sale of gasoline.
The minimum front yard depth and the minimum setback from the
centre line of the street shall be that which are in existence at the time
of passage of this By-law.
26.5.5 MR-5 Zone (Part of Lot 4, Concession Lakeside, West of Cape
i.
Minimum side yard
1.2 m (3.9 ft.)
26.5.6 MR-6 Zone (Part of Lot 1, Concession 1, South of Bay of Quinte,
i.
ii.
Permitted uses
1.
Manufacturing, machining, processing, assembling, wholesaling
or warehousing use in wholly enclosed buildings.
2.
Open storage of goods, articles and/or materials accessory to a
permitted use.
3.
A mobile home dwelling
Minimum lot area
0.6 ha (1.48 ac)
26.5.7 MR-7 Zone (Part of Lot 1, Concession 1, South of Bay of Quinte,
i.
ii.
Permitted uses
1.
Manufacturing, machining, processing, assembling, wholesaling
or warehousing use in wholly enclosed buildings.
2.
Open storage of goods, articles and/or materials accessory to a
permitted use.
Minimum lot area
0.6 ha (1.48 ac)
26.5.8 MR-8 Zone (Ward of Athol)
October 23, 2006
i.
424
1.
Motor vehicle repair garage
2.
i.
ii.
iii.
1.
a building supply yard
2.
a motor vehicle repair garage
3.
a contractor’s yard
4.
a fuel storage tank
5.
a machine shop and engineer’s office
6.
7.
a warehouse
8.
a welding shop
9.
cheese factory
10.
agricultural products processing establishment
Permitted residential uses
1.
One accessory single detached dwelling or one accessory
dwelling unit, provided that the non-residential use of these
lands is a machine shop and engineer’s office and also provided
that flammable or explosive materials are not stored on site at
any time.
Maximum number of dwelling units shall be 1
i.
ii.
iii.
iv.
Only dry industrial uses, as follows, shall be permitted:
1.
manufacturing, fabricating, processing, assembling,
warehousing, wholesaling, in a wholly enclosed buildings; or,
2.
a building supply yard; or
3.
a contractor's yard; or,
4.
5.
Uses accessory to the foregoing
For the purposes of this section, a dry industrial use shall mean that
water is consumed for employee hygiene only and not for any
industrial purpose, or for any purpose in which contaminated water is
discharged into East Lake.
Residential uses are prohibited
Minimum lot area shall be 2 ha (4.94 ac.)
October 23, 2006
v.
425
No buildings or structures shall be erected below the elevation of 76.3
m (250.3 ft.) G.S.C.
i.
ii.
1.
the manufacturing of lambs wool products
2.
the storage of boats, motor vehicles, trailers and other similar
items within a wholly enclosed building or structure.
No open storage shall be allowed in conjunction with the nonresidential permitted uses.
26.5.12 MR-12 Zone (Part of Lot 6, Concession 1 East East Lake, Ward
of Athol)
i.
ii.
iii.
iv.
v.
Permitted non-residential uses shall be limited to:
1.
2.
Used motor vehicle sales establishment
Permitted residential uses:
1.
Two single detached family accessory dwellings
43.2 m (142 ft.)
Maximum number of cars on site for re-sale 12
All vehicles on display will be situated south of the north driveway
26.5.13 MR-13 Zone (Ward of Hillier)
i.
The only permitted use shall be a farm-related tire sales and service
establishment.
26.5.14 MR-14 Zone (Hardy Sales, Ward of Hillier)
i.
The only permitted use shall be a farm and garden sales and service
establishment.
26.5.15 MR-15 Zone (Ward of Hallowell)
October 23, 2006
426
i.
The only permitted non-residential use shall be an abattoir.
i.
The only permitted non-residential use shall be a mushroom growing
and processing establishment.
i.
The only permitted non-residential use shall be the manufacture of
castings by the lost wax process.
i.
Minimum lot area
0.11 ha (0.27 ac.)
26.5.19 MR-19 Zone (Part of Lot 20, Concession South East Carrying
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
ft.)
Minimum
lot area
0.13 ha (0.32 ac.)
lot frontage
25.0 m (82.0 ft.)
front yard setback from street centreline 16.75 m (54.95
interior side yard
6.4 m (20.9 ft.)
26.5.20 MR-20 Zone (Part of Lots 3 & 4, Concession 1, Military Tract, Ward
of Hallowell)
i.
A glass blowing studio and the retail sale of products manufactured on
site shall also be permitted non-residential uses.
October 23, 2006
ii.
iii.
iv.
427
0 m (0 ft.)
Access may be provided by private right-of-way.
There is no commitment from or requirement by the County to assume
responsibility for ownership or maintenance of the private right-of-way
and levels of service provided may be limited or reduced, including the
26.5.21 MR-21-H Zone (Lloyd and Madeline Weagant)(Part Lot 61,
Concession 1, 593 County Rd 28, Ward of Ameliasburgh)(Amending
By-law 3235-2013)
contrary, on the lands zoned MR-21-H the following special provision shall
apply:
i.
The existing residential use and uses, buildings and structures
accessory to the existing residential use shall be permitted.
ii.
For the purpose of this By-law the lands zoned the Special Hamlet
Residential (HR-79) Zone and the Special Rural Industrial Holding (MR21-H) Zone totaling approximately 1.78 hectares (4.4 acres) of land
are considered one lot.
All other provisions of the MR Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zone MR-21-H.
26.5.22 MR-22 Zone (Part of Lot 20, Concession 3, Military Tract, Ward
of Hallowell)
i.
1.
a farm and garden machinery sales and service establishment
2.
a seed and feed mill and sales establishment
26.5.23 MR-23 Zone (Part of Lot 20, Concession 2, West Green Point, Ward
of Sophiasburgh)
i.
ii.
The only permitted use shall be a welding shop.
Minimum lot area
0.12 ha (0.29 ac.)
October 23, 2006
428
i.
ii.
The only permitted use shall be District Regulator Station.
Minimum lot area
0.29 ha (0.71 ac.)
26.5.25MR-25 Zone (Ward of Ameliasburgh)
i.
ii.
iii.
1.
An establishment for the restoration of furniture.
2.
A single detached dwelling
The retail sale of goods, wares, merchandise or articles shall not be
permitted.
Minimum lot area
0.30 ha (0.74 ac.)
26.5.26 MR-26 Zone (Ward of Ameliasburgh)
i.
ii.
Permitted uses shall be limited to a truck storage yard.
Minimum lot area
0.60 ha (1.48 ac.)
26.5.27 MR-27 Zone (Ward of Ameliasburgh)
i.
ii.
1.
A motor vehicle repair garage
2.
A farm implement repair establishment
Open storage shall not be permitted in any front yard or in any
required side yard or in any required rear yard.
26.5.28 MR-28 Zone (Quinte Communications Ltd., Part of Lot 199, Plan 8,
Ward of Wellington and Part of Lot 16, Concession East Carrying
i.
Permitted uses shall be limited to a communications tower and uses,
buildings and structures accessory to a communications tower.
October 23, 2006
429
26.5.29 MR-29 Zone (Glenora Springs Brewery, Part of Lot 8, Concession 1,
South of the Bay of Quinte, Ward of North Marysburgh)
i.
ii.
iii.
iv.
The only permitted use shall be a 10 hectolitre microbrewery including
accessory retail commercial, office and tasting areas.
Minimum lot area
1.0 ha (2.5 ac.)
106 m (350 ft.)
26.5.30 MR-30 Zone (Wilkinson’s Salvage Yard, Part of Lots 1 & 2,
Concession 2 South Side East Lake, Ward of Athol)
i.
The only permitted use shall be a motor vehicle wrecking yard.
26.5.31 MR-31 Zone (54 County Road No. 4, Ward of Picton)
i.
1.
A single detached dwelling and uses, buildings and structures
accessory thereto;
2.
A tree removal and tree trimming business.
26.5.32 MR-32 Zone (Town Line Processing Ltd. Ward of Wellington)
i.
1.
A food processing plant and uses buildings and structures
accessory thereto.
26.5.33 MR-33 Zone (County Road No. 2, Ward of Wellington)
i.
Permitted uses shall be limited to a fabricating and welding workshop
and uses that are normally ancillary thereto.
October 23, 2006
ii.
iii.
iv.
430
0 m (0 ft.)
The workshop as existing on the date of passing of this By-law, and
any future improvements thereto, is a permitted use providing that the
existing building setbacks are not further reduced and any future
additions meet the setback requirements of the MR Zone.
zoned MR-33.
26.5.34 MR-34 Zone (Part of Lot 1, Concession 1, Military Tract, Ward of
Hallowell)
i.
A transport terminal shall also be a permitted use.
October 23, 2006
431
26.5.35 MR-35 Zone (Richard & Grace Williams, 21 County Road No. 6,
Part of Lot 8, Concession North West Carrying Place, Ward of
Hallowell) (Amending By-law No.1967-2007 / Technical By-law
2336-2008)
contrary, on the lands zoned MR-35 the following special provisions shall
apply:
i.
ii.
iii.
iv.
v.
The following shall be the only permitted non-residential uses:
1.
Auction Barn
2.
Year Round Indoor Vendors Market located within the log
building existing at the date of passage of this by-law.
3.
Seasonal Outdoor Vendors Market.
For the purpose of the MR-35 Zone the definition of a “Year Round
Indoor Vendors Market” and “Seasonal Outdoor Vendors Market” shall
be:
a)
Year Round Indoor Vendors Market –
Shall mean a building or part thereof where farm produce,
crafts/handiwork, art, and antiques are offered or kept for sale
at retail to the general public and must be operated wholly
within a building and may include an accessory canteen within
the building.
b)
Seasonal Outdoor Vendors Market –
Shall mean a group of individual sellers offering locally produced
goods, sold in open air, which may include farm produce,
crafts/handiwork, art, and antiques.
Any Outdoor Vendors shall be located no closer than 4 m (13.1 ft)
from any lot line.
Required parking for a “Seasonal Outdoor Vendor Market” shall be
calculated at a rate of 1 parking space per vendor.
lands zoned MR-35.
All other provisions of the MR Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned MR-35.
i.
In addition to the uses permitted in the MR Zone an automotive repair
shop and a farm equipment repair shop are also permitted.
October 23, 2006
432
i.
In addition to the uses permitted in the MR Zone an automotive body
shop and an automotive service station are also permitted.
i.
In addition to the uses permitted in the MR Zone an automotive body
shop and an automotive service station and accessory retail outlet,
and a dune buggy rental park and accessory canteen or take-out
restaurant are also permitted.
26.5.39 MR-39 Zone (Guernsey Slaughter House, Ward of Athol)
i.
The permitted uses shall be limited to only an abattoir.
i.
The permitted uses shall be limited to only a flour mill.
26.5.41 MR-41 Zone (Farm Credit Canada, Part of Lot 1, Concession 1,
i.
1.
an assembly plant;
2.
a commercial garage;
3.
a factory outlet;
4.
a farm produce outlet;
5.
a farm supply dealer;
6.
a fuel storage tank;
7.
a light manufacturing plant;
8.
a merchandise service shop;
9.
a packaging plant;
October 23, 2006
433
10.
11.
12.
13.
ii.
iii.
iv.
a soil sampling firm;
a research laboratory;
a warehouse;
uses that are normally incidental and accessory to the above,
including business and professional offices.
20%
Open storage of goods of materials shall only be permitted in the rear
yard. Any area of the rear yard used for open storage shall be
screened from view from the Loyalist Parkway and from abutting
properties.
26.5.42 MR-42 Zone (Town Line Farms & Town Line Processing Ltd, Lots
189 & 190, Plan 8, Ward of Wellington)
i.
ii.
A vegetable processing plant, processing local and non-locally grown
vegetables, and associated infrastructure such as a pump house,
holding tank and waste/water lines, including uses normally ancillary
thereto, are the only permitted uses on the lands zoned MR-42.
zoned MR-42.
26.5.43 MR-43 Zone (Kelly & Provost-Kelly, Lot 6, Concession 2, Ward of
North Marysburgh)
i.
ii.
iii.
1.
a single family dwelling
2.
a lawn care franchise business operated as an accessory use to
the main residential use of the lot.
The indoor storage of lawn care chemicals in an accessory building not
to exceed a maximum area of 7.4 sq m (80 sq. ft) shall be permitted
in association with the lawn care franchise business.
The outdoor storage of lawn care chemicals in an area not to exceed a
maximum area of 9.29 sq m (100 sq. ft.) shall be permitted in
association with the lawn care franchise business. The outdoor
storage area shall be screened from view with a minimum 1.5 m (5.0
ft) high privacy fence.
October 23, 2006
434
26.5.44 MR-44 Zone (King, Lot 12, Concession 1 South Side East Lake,
Ward of Athol)
i.
ii.
iii.
Minimum lot area
3.6 ha (9 ac)
The permitted uses shall be restricted to only the following:
1.
contractor’s yard
2.
accessory dwelling house
3.
uses accessory to the forgoing
zoned MR-44.
26.5.45 MR-45 Zone (Walker, Lot 21, Concession 1 North Black River, Ward
i.
ii.
iii.
iv.
v.
vi.
vii.
Residential uses are prohibited.
The permitted non-residential uses shall be limited to the following:
1.
existing commercial garage, including the repair and
maintenance and sale of motor vehicles and farm vehicles/
implements.
Maximum combined commercial floor area for the two existing
commercial garage/vehicle repair and sales buildings shall be 650 sq
m (6996.8 sq ft).
Maximum commercial floor area for the existing storage barn shall be
510 sq m (5489.8 sq. ft.).
Minimum front yard depth for the two (2) existing commercial
garage/vehicle repair and sales buildings shall be 12 m (39.4 ft).
Minimum front yard depth for the existing storage barn shall be 4 m
(13.1 ft).
Minimum setback from the centerline of County Road No. 17 for:
a.
the existing barn
17 m (55.8 ft)
b.
all remaining buildings and structures, including any accessory
buildings or structures –
25 m (82 ft)
26.5.46 MR-46 Zone (Vanderburg, Part Lot 27, Concession Bayside, Ward of
North Marysburgh)
i.
A commercial fishing dock shall be a permitted use in addition to the
uses normally permitted in the MR Zone.
October 23, 2006
435
26.5.47 MR-47 Zone (Anderson, Part Lot 35, Concession 1 West Green
i.
The existing ‘Custom Workshop’ and ‘Contractor’s Yard’ shall be the
only permitted uses on the lands zoned MR-47.
October 23, 2006
SECTION 27
436
EXTRACTIVE INDUSTRIAL (MX) ZONE
No person shall within an Extractive Industrial (MX) Zone use or alter any land or
erect, alter or use any building or structure except in accordance with the following:
27.1.1
a pit or quarry and the crushing, screening or washing of aggregate
27.1.2
asphalt or concrete batching plant
27.1.3
aggregate processing plant
27.1.4
wayside pit and wayside quarry, in accordance with provisions of
27.1.5
uses, buildings and structures accessory to a permitted use
27.1.6
an agricultural use, conservation, forestry, reforestation, or open-air
recreational uses with accessory uses and buildings, except these uses
shall not include dwellings
27.1.7
public uses and utilities in accordance with the provisions of Section
4.23 of this By-law
27.2.1
27.3.1
i.
ii.
iii.
No pit or quarry excavation or processing, crushing or blasting of
aggregate shall be:
located closer than 120 m to any Residential, Commercial or
Institutional Zone or use; nor
closer than 15 m to a lot line; nor
closer than 30 m to a public road allowance.
27.3.2
The minimum yards required for any building, structure or produce
stockpile of a pit or quarry shall be 30 m.
27.3.3
A strip of land not less than 15 m in width shall be reserved for
landscaping purposes between any Industrial (MX) Zone and any
adjacent Commercial or Industrial Zone or use, along any adjacent
public road allowance or adjoining property line.
October 23, 2006
437
27.3.4
Where an MX Zone abuts a Residential Zone or use, or a roadway is
the only separation between two such areas, then no Extractive
Industrial (MX) use shall be established within 30 m of the
abutting lot line and no parking use shall be established within 7.5
m of the abutting lot line. The intervening land shall be used for
landscaping purposes with grass, trees and shrubs and maintained as
part of the industrial activity.
27.3.5
Notwithstanding Sections 27.3.1 and 27.3.2, for adjacent properties
both within an Extractive Industrial (MX) Zone no side yard setback for
extraction, excavation or blasting is required, provided a mutual
agreement to the satisfaction of the Ministry of Natural Resources and
the County is in place.
27.3.6
All extractive industrial uses shall conform to the standards and
regulations of the Aggregate Resources Act, as amended and the
LOADING PROVISIONS
Driveway and Loading Provisions, of this By-law where applicable to
the use of any land, building or structure permitted within the
Extractive Industrial (MX) Zone shall apply and be complied with.
27.5 SPECIAL EXTRACTIVE INDUSTRIAL (MX) ZONES
Except as specifically exempted or varied with the following special
zones, all other requirements of this By-law shall apply.
27.5.1 MX-1 Zone (Redner, Ward of Ameliasburgh)
Notwithstanding any provisions of this By-law to the contrary, within the MX1 Zone, the following provisions shall apply:
i.
A maximum of 20,000 metric tonnes of aggregate materials may be
extracted in any calendar year.
27.5.2 MX-2 Zone (Anderson, Ward of Sophiasburgh)
i.
A maximum of 20,000 metric tonnes of aggregate materials may be
extracted in any calendar year.
October 23, 2006
438
27.5.3 MX-3 Zone (Part of Lot 22, Concession 2, Military Tract, Ward of
Hallowell)
i.
ii.
7.5.4
A private earth-moving and construction equipment repair and storage
operation shall also be permitted.
Outdoor storage is prohibited.
MX-4 Zone (Part of Lot 2, Concession 3, Military Tract, Ward of
Hallowell)
i.
Minimum interior side yard for buildings and structures shall be 16 m
(52.49 ft.)
27.5.5 MX-5 Zone (Part of Lots 8 & 9, Concession 1 Military Tract,
of Hallowell)
Ward
i.
ii.
iii.
The maximum depth of extraction activities shall be limited to 1.5 m
(4.92 ft.) above the established ground water table or the clay layer,
whichever is encountered first.
Access to the sand and gravel pit may be by means of a right-of-way.
The lands shall be developed in accordance with a Class ‘B’ license,
less than 20,000 tonnes of material extracted annually, from the
27.5.6 MX-6 Zone (Ridge Road Aggregate Inc., Part of Lots 18 & 19,
Concession 2 Military Tract, Ward of Hallowell)
i.
i.
iii.
iv.
The maximum depth of extraction activities shall be limited to 1.5 m
above the established ground water table;
Access to the sand and gravel pit may be by means of right-of-way;
The yard requirements as per Sections 27.3.1 and 27.3.2 shall be
exempted wherever the MX-6 Zone abuts another MX or MX-Special
Zone;
Notwithstanding Sections 27.3.1 and 27.3.2 to the contrary, the rear
yard setback shall be exempted for the west half of the lands zoned
MX-6.
October 23, 2006
SECTION 28
439
WASTE DISPOSAL INDUSTRIAL (MD) ZONE
No person shall within an Waste Disposal Industrial (MD) Zone use any land or
erect, alter or use any building or structure except in accordance with the following:
28.1.1
a waste disposal site
28.1.2
a waste transfer station
28.1.3
a sewage treatment facility
28.1.4
4.23 of this By-law
28.1.5
uses
28.2.1
28.3.1
Certificate of Approval
No person, including the County, shall establish, alter, enlarge or extend a
waste disposal site or sewage disposal plant including a waste management
system unless a provincial certificate of approval has been issued by the
Ministry of the Environment as required by the Environmental Protection Act.
LOADING PROVISIONS
of any land, building or structure permitted within the Waste Disposal
Industrial (MD) Zone shall apply and be complied with.
28.5 SPECIAL WASTE DISPOSAL INDUSTRIAL (MD) ZONES
October 23, 2006
28.5.1
440
MD-1 Zone (Town Line Farms & Town Line Processing Ltd.,
Wards of Wellington & Hillier)
Notwithstanding any provisions of this By-law to the contrary, within the MD1 Zone, the following provisions shall apply:
i.
ii.
A waste lagoon serving the Town Line vegetable processing plant and
associated infrastructure such as a flow monitoring station, pump
house and waste/water lines, including uses normally ancillary thereto,
are the only permitted uses on the lands zoned MD-1.
Landscaping buffers are not required on lands zoned MD-1.
October 23, 2006
SECTION 29
441
INSTITUTIONAL (I) ZONE
No person shall within an Institutional (I) Zone use any land or erect, alter or use
any building or structure except in accordance with the following:
29.1.1
arena
29.1.2
assembly hall
29.1.3
auditorium
29.1.4
cemetery
29.1.5
community centre
29.1.6
day nursery
29.1.7
electrical substation
29.1.8
existing airport
29.1.9
government administration or public works building including a
sand/salt storage structure, a fire hall, police station, a lighthouse and
a weather monitoring station
29.1.10
historical site or museum
29.1.11
hospital
29.1.12
library
29.1.13
medical clinic (Amending By-law No. 2336-2008)
29.1.14
nursing home
29.1.15
place of worship
29.1.16
post office
29.1.17
public park
29.1.18
school
29.1.19
tourist information kiosk
October 23, 2006
442
29.1.20
4.23 of this By-law
29.1.21
uses
29.2.1
29.2.2
home business
29.2.3
residential uses
29.3.1
1.
2.
3.
Minimum Lot Area
465 m2 (5,000 ft.2)
0.4 ha (1 ac.)
29.3.2
1.
2.
3.
15 m (50 ft.)
Municipal water and private sewage service 30 m (100 ft)
30 m (100 ft.)
29.3.3
Minimum Front Yard
12 m (40 ft.)
29.3.4
12 m (40 ft.)
29.3.5
i.
ii.
abutting a commercial or institutional zone
7.5 m (25 ft.)
10.5 m (35 ft.)
29.3.6
1.
2.
Minimum Rear Yard
abutting a commercial or institutional zone 7.5 m (25 ft.)
10 m (35 ft.)
29.3.7
29.3.8
15%
29.3.9
15 m (49.2 ft.)
35%
October 23, 2006
443
LOADING PROVISIONS
of any land, building or structure permitted within the Institutional (I) Zone
shall apply and be complied with.
29.5 SPECIAL INSTITUTIONAL (I) ZONES
18.6.32
I-1 Zone
Reserved.
29.5.2 I-2 Zone (Wellington Fire Hall, Part of Lots 1 and 178, Plan No. 8,
Ward of Wellington)
Notwithstanding any provisions of this By-law to the contrary, within the I-2
Zone, the following provisions shall apply:
i.
ii.
iii.
iv.
Minimum
Minimum
Minimum
Minimum
Lot Area
Front Yard
Rear Yard
Side Yard
2
1,800 m (19,375.6 sq. ft.)
8.4 m (27.5 ft.)
11.6 m (38.05 ft.)
7.6 m (24.9 ft.)
29.5.3 I-3 Zone (Wellington United Church, Ward of Wellington)
i.
ii.
1.
A manse, which for the purposes of this section, shall be defined
as a single detached dwelling used as the residence of a
minister or other chief religious official and his or her family.
2.
A parking lot
1.
Minimum front yard depth, exclusive of steps, porches, retaining
walls or verandas shall be 4.1 m (13.45 ft.)
2.
Minimum side yard setback for the manse only shall be 2.4 m
(7.8 ft.)
29.5.4 I-4 Zone (Picton Clinic, Ward of Picton)
October 23, 2006
i.
ii.
444
The only permitted use shall be a health clinic with the following
specific uses:
1.
physicians’ offices
2.
optometrists' offices
3.
dentists’ offices
4.
administrative and business offices
5.
coffee shop
6.
retail sale of medical supplies, medicine prescription and nonprescription, and products typical to a medical supply store
7.
space for the provision of the following tests:
a.
holter monitor (hook-up and removals)
b.
stress electrocardiograms
c.
pulmonary function testing
8.
storage space as required to accommodate the foregoing uses
9.
uses accessory to the foregoing and normally associated with a
health care clinic.
Development shall be subject to Site Plan Control, pursuant to Section
41 of the Planning Act, R.S.O., 1990, as amended.
29.5.5 I-5 Zone (First Baptist Church, Ward of Picton)
i.
ii.
iii.
iv
v.
vi
Minimum front yard
Minimum rear yard
Minimum side yard
Minimum off street parking requirement
3.0 m (9.84 ft.)
5.0 m (16.4 ft.)
1.5 m (4.92 ft.)
16 m (52.49 ft.)
55%
0
29.5.6 I-6 Zone (Sonrise, Ward of Picton)
i.
ii.
No development shall occur and no buildings shall be located within 15
m (49.2 ft.) of the drainage ditch located along the southerly limit of
MacSteven Drive.
29.5.7 I-7 Zone (Children’s Aid Society, Ward of Picton)
October 23, 2006
i.
ii.
iii.
445
In addition to the uses permitted in the Institutional Zone, business,
professional and administrative offices are a permitted use.
No development shall occur and no buildings shall be located within 15
m (49.2 ft.) of the drainage ditch located along the southerly limit of
MacSteven Drive.
The minimum number of parking spaces required for business,
professional and administrative offices shall be 1 parking space for
2
iv.
every 26 m (279.8 sq. ft.) of gross floor area of the building.
29.5.8 I-8 Zone (Part of Lots 23 and 24, Concession Round Prince Edward
Bay, Ward of South Marysburgh)
i.
ii.
iii.
iv.
i.
1.
A private school for the teaching of music shall be the only
permitted use.
2.
Uses and buildings accessory to the private music school, such
as overnight accommodation, dining facilities or a performance
centre are permitted.
3.
An accessory dwelling for the owner/operator of the private
music school is a permitted use.
Minimum lot area
13.7 ha (34 ac.)
The setbacks of buildings existing on the date of passing of this by-law
and any future additions and/or improvements thereto, are permitted
providing that the existing setbacks from the front and side lot lines
are not further reduced.
The requirements of Section 41 of the Planning Act, R.S.O., 1990
c.P.13, as amended, relating to Site Plan Control shall apply.
I-9 Zone (Part of Lots 2 & 3, Concession 1, South Side East Lake,
Ward of Athol)
i.
ii.
1.
A private park owned by a not for profit organization.
2.
A private club house owned by a not for profit organization.
8.5 m (24 ft.)
October 23, 2006
446
29.5.10 I-10 Zone (Part of Lot 6, Concession 1, South Bay of Quinte, Ward
i.
In addition to the permitted uses, the following uses shall also be
permitted:
1.
A fisheries research station
2.
Buildings and structures accessory to the fisheries research
station use.
29.5.11 I-11 Zone (Prince Edward County, Ward of Hillier)
i.
The only permitted use shall be an elevated water storage tank.
29.5.12 I-12 Zone (Ward of Hillier)
i.
1.
A private school.
2.
Accessory dormitories for the accommodation of students.
3.
Accessory dwellings for the accommodation of staff and
students.
4.
Buildings and structures accessory to the principle private school
use.
29.5.13 I-13 Zone (Ward of Hallowell)
i.
The only permitted use shall be a County, Provincial, public utilities or
electrical utility works yard.
29.5.14 I-14 Zone (Ward of Hallowell)
i.
The only permitted use shall be a place of worship.
October 23, 2006
447
29.5.15 I-15 Zone
Reserved.
29.5.16 I-16 Zone (Canadian Forces Base Mountain View, Ward of
Ameliasburgh)
i.
These lands are currently used as an Army/Air Force Base and are
exempt from any of the regulations of this By-law so long as the
property remains in Federal ownership.
29.5.17 I-17 Zone (Part of Lot 63, Concession 1, Ward of Ameliasburgh)
i.
ii.
iii.
iv.
A planting strip shall be established along the east side lot line.
The planting strip shall consist of a continuous hedgerow of trees,
evergreens or shrubs not less than 2.5 m (8.2 ft.) high and 9.1 m
(29.85 ft.) wide, immediately adjoining the lot line or portion thereof
along which such planting strip is required.
The planting strip shall be planted, nurtured and maintained by the
owner or owners of the lot on which the strip is planted.
A planting strip referred to in this subsection may form a part of any
landscaped open space required by this by-law.
29.5.18 I-18 Zone (Part of Lot 68, Concession 3, Ward of Ameliasburgh)
i.
The permitted uses shall be limited to a hydro electric distribution
station.
29.5.19 I-19 Zone (Macaulay Village, Ward of Hallowell)
Notwithstanding any provisions of this by-law to the contrary, within the I-19
i.
1.
clubs, private
2.
place of worship
3.
community centre
4.
day nursery
5.
uses accessory to the above listed uses.
October 23, 2006
448
29.5.20 I-20 Zone (Hydro One, Ward Hallowell)
i.
1.
a County, Provincial or Ontario Hydro works yard
29.5.21 I-21 Zone (Church of St. Mary Magdalene, 339 Main Street, Part Lot
229, Plan 24, Ward of Picton) (Amending By-law No. 2336-2008)
Notwithstanding any provisions of By-law 1816-2006 as amended to the
contrary, on the lands zoned I-21, the following provisions shall apply:
ii.
46%
All other provisions of the I Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned I-21.
29.5.22 I-22 Zone (Walter Evans, Part Lots 772,773 & 774, Plan 24,
Ward Picton)
i.
Minimum number of on site parking spaces shall be 25.
29.5.23 I-23 Zone (Wellington Library, Part Lot 123, Plan 8, Ward of
Wellington)
Notwithstanding the provisions of this by-law to the contrary, within the I-23
i.
ii.
iii
iv
v
vi
vii
viii
1.
Library
2.
Municipal Building
3.
Community Centre
4.
Business/Professional Office
For the purposes of this by-law a “Community Centre” is defined as a
building or part thereof in which facilities are provided for such
purposes as meetings or events for civic, educational, political,
religious, social, recreational or similar purposes.
Minimum Lot Area
800 m2 (8611.4 ft2)
15 m (49.2 ft)
Minimum Front Yard
5.5 m (18 ft)
1.5 m (5 ft)
0.61 m (2 ft)
Minimum Rear Yard
1.5 m (5 ft)
October 23, 2006
ix
x
xi
14
15
16
17
18
449
50%
10.7 m (35 ft)
Minimum Parking Space size for the uses permitted in the I-23 Zone
shall be 2.74 m (9 ft) by 5.5 m (12 ft).
A total of 11 parking spaces shall be required for the uses permitted in
the I-23 zone, provided in a combination of on-site and off-site parking
areas. A Minimum of 3 Parking Spaces shall be provided wholly onsite.
Where the parking area is located off-site, the off-site parking area
shall be located on lands which are within 150 m (492.1 ft) of the
lands zoned I-23 and are in the same ownership as the lands zoned I23, or on lands for which a long term renewable agreement or lease
has been signed, if under different ownership from the lands zoned I23.
Notwithstanding the definition provided in Section 3.44 of By-law No.
950, as amended, the lands zoned I-23 shall be deemed to constitute
one lot for the purposes of this by-law.
A minimum landscaped buffer of 1.5 m (4.9 ft) shall be provided and
maintained between any parking space and any Rear Lot Line.
lands zoned I-23.
29.5.24 I-24 Zone (Clapp, Ward of Picton)
Notwithstanding the provisions of this by-law to the contrary, within the I-24
i.
ii.
iii.
iv.
v.
Minimum front yard
Minimum easterly side yard
Minimum westerly side yard
Minimum on site parking
No buffer strip shall be required.
6.5 m (21.3 ft)
3.05 m (10 ft)
0 m (0 ft)
7
29.5.25 I-25 Zone (Hallowell House, Part Lot 16 & 17 Concession 2 Military
contrary, on the lands zoned I-25, the following special provisions shall
apply:
i.
The requirements of Minimum Distance Separation I (MDS) shall not
apply.
October 23, 2006
450
29.5.26 I-26 Zone (Colonel By Inn Limited, 569 County Road No. 1, Part of
Lot 16, Concession 2 Military Tract, Ward of Hallowell) (Amending
By-law No. 2090-2007)
apply:
i.
Permitted Uses shall be limited to the following:
a.
Police Station; and
b.
foregoing.
29.5.27
I-27 Zone (Emmanuel Baptist Church, Part of Lot 9, Concession 2
Military Tract, & Lots 103 & 104, Plan 2 (Village of Bloomfield),
240 Main Street & 2 Corey Street, Ward of Bloomfield) (Amending
By-law No. 2556-2010)
apply:
i.
ii.
15 m (50 ft)
Minimum number of on-site parking spaces shall be 96, including 6
barrier-free stalls.
iii.
c.P.13, as amended, relating to Site Plan Control shall apply to the lands
zoned I-27.
29.5.28 I-28-H Zone (David Clegg Holdings Ltd., 12697 Hwy 33 (Bridge
St), Part Lot 19, Concession 1 South East Carrying Place, Ward of
contrary, on the lands zoned I-28, the following special provision shall apply:
i.
- nursing home
- retirement home
- day nursery
October 23, 2006
451
- uses normally accessory or incidental to the foregoing
including, but not limited to, a personal service shop and a retail
commercial establishment.
ii.
The Retirement or Nursing Home shall not exceed a total on-site
maximum of 110 beds/units.
iii.
barrier-free stalls).
iv.
v.
zoned I-28.
16 m (52.5 ft)
shall apply to the lands zoned I-28-H.
29.5.29 I-29-H Zone (PEC – Age in Place (McFarland Home) Lot 70, LRCP
28, Ward of Hallowell, being 603 Hwy No. 49 (Amending By-law No.
3189-2013)
Notwithstanding the provisions of this by-law to the contrary, within the I29-H Zone the following provisions apply:
I.
Permitted uses are restricted to:
 Hospital
 Nursing Home
 Medical Clinic
 Park, whether public or private
 Public uses or utilities in accordance with the general provisions
of Section 4.23 of this By-law
 Townhouse dwellings
 Low rise apartments
 Quadruplexes
 Retirement home or retirement lodge
 Senior citizen’s housing complex
 Uses buildings or structures accessory to the foregoing
permitted uses.
II.
Accessory Uses:
Accessory uses complimentary to a retirement home or retirement
lodge use, or to a senior citizen’s housing complex including but not
limited to a hairdresser, pharmacy, medical clinic, small scale retail
uses are limited to a maximum of 10% of the gross floor area. The
accessory uses shall be for the exclusive use of retirement home or
October 23, 2006
452
retirement lodge, senior citizen’s housing complex residents and
employees.
III.
Definitions:
“Density” means the ratio of the number of residential units to one
net hectare of lot area.
“Net Density” means a calculation based on the number of hectares
of net land area owned or proposed to be developed by a proponent
and available for development.
“Net Land Area” means the area of a lot owned or being developed
by a proponent less:
a) Any lands which have been or which will be dedicated to the
County or other agency of government for public roads, public
pathways, public open space, municipal parkland or public
community facilities including, but not limited to libraries, fire
stations, and recreational facilities.
b) Any lands which are zoned “Environmental Protection” or
“Environmental Protection- Provincially Significant Wetland”.
“Retirement Lodge or Retirement Home Uses” means a residence
providing accommodation primarily for retired persons or couples
where each private bedroom or living unit has a separate private
bathroom and separate entrance from a common hall but where
common facilities for the preparation and consumption of food are
provided and common lounges, recreation rooms and medical care
facilities may also be provided for the exclusive use of the residents.
Such residence may include a kitchenette which may include
convenience facilities such as a bar fridge and a microwave oven, but
without full cooking facilities.
“Senior Citizen’s Housing Complex” means any home for senior
citizens sponsored and administered by any person, public agency or
service club, church or other non-profit organization, and such homes
may include accessory uses usually associated with senior citizens
development.
IV.
0m
V.
Provisions:
Yards (minimum)
 Front (from OS zone)
 Interior side yard
 Rear yard
5m
6m
9m
October 23, 2006
453
VI.
Density: (maximum)
 Senior citizen’s housing complex of four dwelling units or less,
townhouse dwelling
60 dwelling units per net hectare
 Retirement home or retirement lodge, senior citizen’s housing
complex
100 dwelling units per net hectare
VII.
Lot coverage (maximum)
45%
VIII. Landscaped Open Space (minimum)
30%
IX.
Height (maximum)
15 m
X.
Interpretation:
Lands zoned I-29 shall be considered as one lot for zoning purposes.
October 23, 2006
SECTION 30
454
OPEN SPACE (OS) ZONE
No person shall within an Open Space (OS) Zone use any land or erect, alter or use
any building or structure except in accordance with the following:
30.1.1
public or private park or open space
30.1.2
walking trails
30.1.3
boat launching facility
30.1.4
existing agricultural uses
30.1.5
conservation uses including activities connected with the conservation
of soil and wildlife
30.1.6
sustainable resource management uses, including fishing, hunting,
wildlife viewing, forestry and facilities and structures which are
accessory to these uses, including board walks, duck blinds and fish
huts
30.1.7
historical site
30.1.8
4.23 of this By-law
30.1.9
uses and buildings that are accessory to the permitted uses, such as a
club house, refreshment pavilion or booth
30.2.1
30.3.1
No minimum lot area or lot frontage shall be required for any lot
30.3.2
Minimum front yard
15 m (49.2 ft.)
30.3.3
All other yards, minimum
7.5 m (24.6 ft.)
30.3.4
30.3.5
35%
35%
October 23, 2006
30.3.6
455
10 m (32.8 ft.)
LOADING PROVISIONS
of any land, building or structure permitted within the Open Space (OS) Zone
shall apply and be complied with.
30.5 SPECIAL OPEN SPACE (OS) ZONES
i.
OS-1 Zone (Wellington by the Lake Golf Course, Ward of
Wellington)
Notwithstanding any provisions of this By-law to the contrary, within the OS1 Zone, the following provisions shall apply:
i.
ii.
iii.
Permitted Uses
1.
a golf course
2.
a commercial club house
3.
building and structures which are accessory to the golf course
use, including but not limited to:
a.
maintenance or storage buildings or areas
b.
golf cart facility or area
Prohibited Uses
1.
Residential uses
1.
Maximum golf course area
38 ha (93.9 ac.)
2.
Maximum gross floor area, commercial club house shall be 465
2
3.
m (5,000 sq. ft.)
Maximum gross floor area, maintenance or storage building or
4.
golf cart facility shall be 250 m (2,691 sq. ft.)
Minimum number of parking spaces, commercial club house
5.
6.
2
2
shall be 1 space for every 4.7 m (50.59 sq. ft.) of gross floor
area
Minimum front, side or rear yard required between any building
or structure and a street line, lot line or zone boundary shall be
10 m (32.8 ft.)
Minimum width of a landscaped planting strip to be provided
and maintained between a parking lot and any street line or
zone boundary shall be 1.5 m (4.92 ft.)
October 23, 2006
456
7.
iv.
The commercial club house shall be serviced with municipal
water supply and sewage disposal systems.
lands zoned OS-1.
30.5.2 OS-2 Zone (Daimler Retirement Parks Limited, Ward of Wellington)
i.
ii.
Permitted Uses
1.
A stormwater management facility
2.
Private or public parks, playgrounds and picnic areas that do not
detract from the stormwater management function
3.
Open space uses
1.
No buildings or structures shall be permitted except as
necessary for stormwater management purposes.
30.5.3 OS-3 Zone (Part of Lot 19, Concession 1 North of Black River, Ward
i.
ii.
iii.
The only permitted uses shall be a park or overflow parking for a
permitted use in the TC-34 Zone.
Buildings shall be prohibited.
Minimum lot area
0.12 ha (0.30 ac.)
30.5.4 OS-4 Zone (Parrs Island, Part of Lot 16, Concession I South Side
i.
The only permitted use shall be private open space.
30.5.5 OS-5-H Zone (Part of Lot 14, Concession 1, Ward of Hillier)
i.
ii.
The permitted uses shall be limited to a public park, conservation and
nature observation and uses accessory thereto.
The minimum setback for any main buildings and structures from the
flood plain of Lake Ontario or an EP Zone shall be 30.48 m (100 ft.)
October 23, 2006
iii.
iv.
v.
vi.
457
except that an observation platform may be permitted adjacent to the
shoreline of Lake Ontario provided that prior written approval for this
structure has been received from the Conservation Authority.
No development on the lands zoned OS-5 shall take place until such
time as the “Holding” (-H) symbol has been removed by By-law.
The “Holding” (-H) symbol may only be removed after the execution of
a subdivision agreement between the County and the Owner
addressing, among other things, site services, access, parkland and
financial requirements and the final plan has been approved for
registration by the County.
Until such time as the “Holding” (-H) symbol has been removed, the
only uses, buildings or structures permitted on the lands shall be the
non-residential uses permitted in the Rural 1 (RU1) Zone.
Upon removal of the “Holding” (-H) symbol by Council, the uses and
zone provisions of the OS-5 Zone shall apply.
30.5.6 OS-6 Zone (Prince Edward Rod & Gun Club, Plan 2, Part Lot 10,
Gore K, Ward of Hallowell)
i.
A private gun club is also a permitted use.
30.5.7 OS-7-H Zone (Part of Lots 5, 6 & 7, Concession South Side West
i.
ii.
1.
a golf course
2.
a golf practice facility
3.
a commercial clubhouse, which may include a resort conference
facility
4.
buildings which are accessory to the main golf course use,
including but not limited to a maintenance or storage area(s) or
building(s), golf cart storage facility, and practice area control
building.
5.
agricultural uses
6.
the continued use of two single detached dwellings existing on
the date of passing of this by-law
1.
85 ha (210 ac.)
2.
Maximum gross floor area for clubhouse
sq. ft.)
2
1900 m (20452
October 23, 2006
3.
iii.
458
Minimum number of parking spaces for clubhouse shall be 1
2
space per 12.6 m (135.6 sq. ft.) gross floor area.
4.
Minimum front, side, or rear yard required between any building
or structure and a street line, lot line or zone boundary shall be
15 m (49.2 ft.).
5.
Minimum width of landscaped planting strip to be provided and
maintained between a parking lot and any street line, lot line or
zone boundary shall be 3 m (9.8 ft.).
Removal of the Holding Symbol (-H), shall not be considered until the
following matters have been addressed to the satisfaction of the
County:
1.
The preparation of a detailed hydrogeological report for the
servicing of the permitted uses of the OS-7 Zone, which shall
address the proposed water supply and sanitary sewage
disposal systems, all to the satisfaction of the Ministry of
Environment, the District Health Unit and the County;
2.
The preparation of a detailed stormwater management report
for the permitted uses of the OS-7 Zone to the satisfaction of
the Quinte Conservation Services Alliance/Prince Edward Region
Conservation Authority and the County;
3.
The necessary permits have been obtained from the Ministry of
Environment to take water from the irrigation supply;
4.
The execution of a site plan agreement between the County and
the Owner addressing all municipal requirements, financial and
otherwise, and shall incorporate the requirements of the
Ministry of Environment, District Health Unit and Quinte
Conservation with respect to Items 1, 2 and 3 above, together
with any other agency requirements.
30.5.8 OS-8 Zone (Part of Lot 75, Concession 1, Ward of
Ameliasburgh)
i.
ii.
The only permitted uses shall be day time recreational uses, by way of
pedestrian access only.
Motorized vehicular traffic, the launching of boats or personal
watercraft, overnight camping or the parking of any vehicles shall not
be permitted.
30.5.9 OS-9 Zone (Wellington Bay Estates, Registrar’s Compiled Plan No.
October 23, 2006
i.
ii.
459
Permitted Uses
1.
A stormwater management facility
2.
Private or public parks, playgrounds and picnic areas that do not
detract from the stormwater management function
3.
Open space uses
1.
No buildings or structures shall be permitted except as
necessary for stormwater management purposes.
30.5.10 OS-10 Zone (Macaulay Village, Ward of Hallowell)
Notwithstanding any provisions of this by-law to the contrary, within the OS10 zone, the following provisions shall apply:
i.
1.
public or private park or open space;
2.
group mailboxes;
3.
storm water management facilities, but excluding any buildings;
4.
uses accessory to the above listed uses.
30.5.11 OS-11 Zone (Fleck, Part Lot 19, Concession 1 North Black River,
Notwithstanding any provisions of this by-law to the contrary, within the OS11 zone, the following provisions shall apply:
i.
The only permitted uses on lands zoned OS-11 shall be a park or
overflow parking for a permitted use in the TC-39 Zone. Buildings
shall be prohibited.
30.5.12 OS-12 Zone (Quinte’s Isle Campark Inc., Part of Lot 22 & 23,
Concession 1, South Side East Lake, Ward of Athol)
i.
ii.
1.
A maximum of 175 unserviced transient camping site
2.
Nine hole golf course
3.
Golf driving range
4.
Uses that are normally incidental and accessory to the above
uses.
October 23, 2006
460
30.5.13 OS-13-H Zone (Redgate Development Inc., Part Lot 20, Concession
1 South East Carrying Place, Ward of Hallowell)
Notwithstanding any provisions of this By-law to the contrary, within the OS13-H Zone, the following provisions shall apply:
i.
ii.
1.
a park
2.
a conservation use
Reference Amending By-law # 1377-2004 regarding removal of ‘H’.
30.5.14 OS-14-H Zone (Redgate Development Inc., Part Lot 20, Concession
1 South East Carrying Place, Ward of Hallowell)
Notwithstanding any provisions of this By-law to the contrary, within the OS14-H Zone, the following provisions shall apply:
i.
ii.
1.
a Stormwater management facility
Reference Amending By-law # 1377-2004 regarding removal of ‘H’.
30.5.15 OS-15 Zone (Callow, Part Lot 3, Concession North West West
i.
ii.
1. an agricultural use
2. a conservation use
No buildings or structures shall be permitted on the lands zoned OS-15
30.5.16 OS-16 Zone (Ameliasburgh Town Hall Property, Ward of
Ameliasburgh)
i.
1.
uses existing on the date of passing of this by-law
2.
public works yard and/or garage; and
3.
public uses or utilities in accordance with the provisions of
October 23, 2006
461
30.5.17 OS-17 Zone (James Taylor, Part Lot C, Concession South Prince
Edward Bay, Ward of South Marysburgh) (Amending By-law No.
1828-2006)
contrary, on lands zoned OS-17 the following special provisions shall apply:
i.
ii.
iii
A boat dock, boat house, gazebo or similar building or structure for
recreational purposes shall be the only permitted uses.
Minimum Lot Area
0.08 ha (0.2 ac)
53.34 m (175 ft)
All other provisions of the OS Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned OS-17.
30.5.20 OS-20 Zone (Part of Lots 8, 9 and 10, Concession 1, Former
Township of Hillier)(Amending By-law No. 2054-2007)
contrary, on lands zoned OS-20, the following special provisions shall apply:
i.
ii.
iii
iv.
Permitted Uses
1.
Golf Course
2.
Buildings and structures which are accessory to the Golf Course,
including a club house, maintenance or storage building and a
golf cart facility or area.
Prohibited Uses
1.
Residential uses
1.
89.23 ha (220.5 ac)
2.
Minimum Yard (all yards)
10 m (32.8 ft.)
3.
All development shall be set back a minimum of 15 m from any
Environmental Protection (EP) Zone and any Special
Environmental Protection (EP-8) Zone.
lands zoned OS-20.
October 23, 2006
462
30.5.21 OS-21 Zone (Paul & Marilyn Minaker & Christopher Moore, Part of
Lots 22, Concession 1 South Side of East Lake, Ward of Athol)
i.
The only permitted use shall be a private park or open space. No
buildings or structures, including a boat launching facility, shall be
permitted.
30.5.22 OS-22 Zone (Corporation of the County of Prince Edward, Part of
Lot 4, Concession North West of Carrying Place, Ward of Picton)
i.
ii.
In addition to the uses normally permitted in the OS Zone an overflow
public parking lot for uses permitted on the adjacent Prince Edward
Exhibition Grounds property zoned the Institutional (I) Zone shall also
be permitted.
zoned OS-22.
30.5.24 OS-24 Zone (Jim Hoy, Wayne Valleau, Durvalinn Duque, Part Lot
25 & 26, Concession Big Island, Ward of Sophiasburgh)
contrary, on the lands zoned OS-24, the following provisions shall apply:
i.
1.
The continued use of the single detached dwelling on the
existing footprint existing at the date of passing of this by-law.
2.
The following uses accessory to and located entirely within the
existing residence:
i.
home business
ii.
October 23, 2006
ii.
463
3.
Private Open Space
Any alterations to the building footprint or soil disturbances within the
OS-24 Zone requires completion of Stage 3 and 4 archaeological
investigations or updates to the preservation plan by a licensed
archaeologist to the satisfaction of the Ministry of Culture prior to work
proceeding.
30.5.25 OS-25 Zone (Leigh Moore & Wendy Daxon, 1277 Danforth Road,
Part Lot 13, Concession 2, Ward of Hillier)
contrary, on the lands zoned OS-25 the following special provisions shall
apply:
i.
In addition to the uses normally permitted in the OS Zone, the
- One (1) dry storage building as an accessory use to the single
detached dwelling located at 1284 Danforth Road;
ii.
The raising of livestock shall not be permitted.
iii.
Residential uses, including the construction of a single detached
dwelling, shall not be permitted.
All other provisions of the OS Zone and By-law No. 1816-2006, as
amended, shall apply to the lands zoned OS-25.
30.5.26 OS-26-H Zone (Country Club Investments Ltd.) Part of Lots 10,
188, 191, 196, 196B & 197, Plan 8, Ward of Wellington
(Amending By- law No. 3029-2012)
contrary, on the lands zoned OS-26 the following special provisions shall
apply:
i.
a) A golf course;
b) Stormwater Management Facilities; and
c) Uses, buildings and structures normally accessory and incidental to
the foregoing, excluding a club house.
ii.
lands zoned OS-26.
October 23, 2006
464
October 23, 2006
SECTION 31
465
ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall within any Environmental Protection (EP) Zone use any land, or
provisions.
31.1.1
Conservation uses including low impact activities connected with the
conservation of soil and wildlife and buildings and structures related to
functions / uses of the Conservation Authority.
31.1.2
forestry
31.1.3
agricultural uses, excluding new buildings or structures
31.1.4
flood, sedimentation and erosion control uses and structures as
approved by Quinte Conservation.
31.1.5
Sustainable resource management uses such as fishing, hunting and
wildlife viewing and facilities and structures which are accessory to
these uses, including board walks, duck blinds and fish huts.
31.1.6
docks and boathouses in accordance with the provisions of Section
4.1.6 of this By-law
31.2.1
31.3.1
No minimum area, or frontage shall be required for any lot
31.3.2
Docks and boathouses shall only be permitted with written approval
from the Conservation Authority.
31.3.3
35%
31.3.4
35%
31.3.5
10 m (32.8 ft.)
31.3.6
The placing or removal of fill, site grading, or in anyway altering the
contours of the ground, including driveway construction of any kind,
October 23, 2006
466
whether originating on the site or elsewhere, is prohibited, unless prior
written approval has been received from the Conservation Authority.
LOADING PROVISIONS
of any land, building or structure permitted within the Environmental
Protection (EP) Zone shall apply and be complied with.
31.5 SPECIAL ENVIRONMENTAL PROTECTION (EP) ZONES
31.5.1 EP-1 Zone (Part of Lots 61 & 62, Concession 1, Ward of
Ameliasburgh)
Notwithstanding any provisions of this By-law to the contrary, within the EP1 Zone, the following provisions shall apply:
i.
ii.
iii.
Permitted uses shall be restricted to stormwater management uses as
outlined in the approved stormwater management plan for subdivision
13-T-980002, including detention/retention areas reserved for the
temporary ponding and/or treatment of stormwater. In addition, low
impact private open space uses may be permitted.
Only those structures required for stormwater management purposes
shall be permitted. All other buildings or structures (including, without
limitations, dwellings, garages, septic systems, decks, fences,
swimming pools, tool sheds, satellite dishes or play equipment) shall
be prohibited.
The removal of vegetation, the planting of additional vegetation and/or
the alteration of grades shall not be permitted without the prior written
consent of Quinte Conservation and the County.
31.5.2 EP-2 Zone (Nutty Lane, Part of Lot 2, Concession Lakeside North of
Smith’s Bay, Ward of North Marysburgh)
i.
ii.
The primary purpose of the EP-2 Zone is to maintain and protect the
escarpment and existing vegetation on the slope.
Only those buildings and structures existing on the date of passing of
this by-law shall be permitted in the EP-2 Zone.
October 23, 2006
iii.
iv.
467
Minor recreational structures such as steps or docks related to a main
residential use in the adjacent zone category may be permitted, if
approved in writing by the Conservation Authority.
The maximum amount of existing vegetation shall be maintained on
the lands zoned EP-2.
31.5.3 EP-3 Zone (Alexander Island, Ward of Hillier)
i.
ii.
The only uses permitted shall be low impact recreational and
conservation uses, including access to floating docks intended for nonmotorized water craft, access to observation platforms, and other
trails, as approved by the Conservation Authority, provided further
trails shall not be permitted within 15 m (49.2 ft.) of the boundary of
the EP-W-1 Zone.
Buildings shall not be permitted within the EP-3 Zone.
31.5.4 EP-4 Zone (Part Lots 31 & 32, Concession 1 South West Green
i.
ii.
31.5.5
Permitted uses shall be limited to conservation uses and outdoor
recreational activities that are ancillary to a main residential use
located on the same lot.
Only structures that are accessory to the permitted conservation and
outdoor recreational uses may be permitted, subject to the prior
written approval of the Conservation Authority or the Ministry of
Natural Resources.
EP-5 Zone (Part of Lot 17, Concession 1, West Green Point,
i.
ii.
Permitted uses shall be limited to conservation uses and outdoor
recreational activities that are ancillary to a main residential use
located on an adjacent lot.
Only structures that are accessory to the permitted conservation and
outdoor recreational uses may be permitted, subject to the prior
written approval of the Conservation Authority or the Ministry of
Natural Resources.
October 23, 2006
468
31.5.6 EP-6 Zone (Quinte’s Isle Campark Inc., Part of Lots 21, 22 & 23,
Concession 1, South Side East Lake, Ward of Athol)
i.
Permitted uses shall be restricted to conservation uses and walking
trails.
31.5.7 EP-7 Zone (Carson, Ward of North Marysburgh) (Amending By-law
No. 2007-2007)
Notwithstanding any provisions of By-law 1816-2006, as amended, to the
contrary, on the lands zoned EP-7, the following special provisions shall
apply:
i.
ii.
The only permitted uses shall be a cabin existing as the date of
adoption of this by-law, private dock and a shore well.
An existing cabin as permitted in Section 32.5.7.i) may not be rented
to guests and cannot be enlarged or expanded in any way.
All other provisions of the EP Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned EP-7.
31.5.8 EP-8 Zone (Wellington on the Lake Golf Course)
Notwithstanding any provisions of By-law No. 1816-2006, as amended, to
the contrary, on lands zoned EP-8 the following special provisions shall
apply:
i.
ii.
A Golf Cart Path shall be an additional permitted use provided written
approval has been obtained from the Conservation Authority and the
County of Prince Edward prior to construction and placement of the
path.
lands zoned EP-8
31.5.9 EP-9 Zone (Mary Cigna, Part of Lot 1, Concession South East of
Carrying Place, Smokes Point Road, Ward of Ameliasburgh)
Notwithstanding any provisions of By-law 1816-2006, as amended, to the
contrary, on the lands zoned EP-9 the following special provisions shall
apply:
October 23, 2006
i.
ii.
iii.
iv.
469
Permitted uses shall be limited to conservation uses that are ancillary
to a main residential use located on the same lot.
A private septic system shall not be a permitted use on the lands
zoned EP-9.
Only structures that are accessory to the permitted conservation uses,
including docks, may be permitted, subject to written approval of the
Conservation Authority and/or the Ministry of Natural Resources.
The maximum amount of existing vegetation shall be maintained on
the lands zoned EP-9. The removal of vegetation, the planting of
additional vegetation and/or the alteration of grades shall not be
permitted without the prior written approval of the Conservation
Authority and/or the Ministry of Natural Resources.
shall apply to the lands zoned EP-9
31.5.10 EP-10 Zone (Joan Tobin, 1652 County Road 13, Part of Lots 22 &
23, Concession Round Prince Edward Bay, Ward of South
Marysburgh)(Amending By-law No. 2383-2009)
contrary, on the lands zoned EP-10 the following special provisions shall
apply:
i.
In addition to the uses normally permitted in the EP Zone one (1)
detached storage building with a maximum floor area of 720 sq ft
(66.9 sq m) shall also be permitted.
31.5.11 EP-11 Zone (Mark, Stephanie & Brian McFaul, Part of Lots 72 & 73,
Concession 2, Ward of Ameliasburgh )(Amending By-law No. 30122012)
contrary, on the lands zoned EP-11 the following special provision shall
apply:
i.
used for the purpose of dry storage.
October 23, 2006
470
SECTION 32 ENVIRONMENTAL PROTECTION – PROVINCIALLY
SIGNIFCANT WETLAND (EP-W) ZONE
No person shall within any Environmental Protection - Provincially Significant
Wetland (EP-W) Zone use any land, or erect, alter or use any building or structure
except in accordance with the following provisions.
32.1.1
conservation uses including activities connected with the conservation
of soil and wildlife
32.1.2
forestry
32.1.3
flood, sedimentation and erosion control uses and structures as
approved by Quinte Conservation.
32.1.4
sustainable resource management uses such as fishing, hunting and
wildlife viewing
32.1.5
docks and boathouses in accordance with the provisions of Section
4.1.6 of this By-law
32.1.6
existing agricultural uses, excluding new buildings and structures
32.2.1
32.3.1
No minimum area or frontage shall be required for any lot
32.3.2
Docks and boathouses shall only be permitted with written approval
from the Conservation Authority.
32.3.3
32.3.4
32.3.5
35%
10 m (32.8 ft.)
LOADING PROVISIONS
October 23, 2006
471
of any land, building or structure permitted within the Environmental
Protection - Provincially Significant Wetland (EP-W) Zone shall apply and be
complied with.
32.5 SPECIAL ENVIRONMENTAL PROCTECTION – PROVINCIALLY
SIGNIFICANT WETLAND (EP-W) ZONES
32.5.1 EP-W-1 Zone (Alexander Island, Ward of Hillier)
Notwithstanding any provisions of this By-law to the contrary, within the EPW-1 Zone, the following provisions shall apply:
i.
ii.
The only uses permitted in the EP-W-1 Zone shall be low impact
recreational and conservation uses, including structures relating
thereto such as observation platforms and floating docks not intended
for use by motorized water craft, as approved by the Conservation
Authority and/or the Ministry of Natural Resources.
Buildings shall not be permitted within the EP-W-1 Zone.
32.5.2 EP-W-2 Zone (Bakker Road, Ward of Hillier)
Notwithstanding any provisions of this by-law to the contrary, within the EPW-2 zone, the following provisions shall apply:
i.
The only uses permitted shall be conservation uses, including
observation platforms, and floating docks not for the use of motorized
water craft, all as approved by the Conservation Authority and/or the
Notwithstanding any provisions of this by-law to the contrary, with in the EPW-3 zone, the following provisions shall apply:
i.
ii.
The only uses permitted shall be conservation uses, including access to
observation platforms, low impact trails, boat launching facilities and
floating docks not for the use of motorized water craft and boats with
motors no larger than 9.9 horsepower, as approved by the
Conservation Authority.
Low impact trails shall not be permitted within 15 m (50 ft.) of an EPW-2 zone.
October 23, 2006
472
Notwithstanding any provisions of this by-law to the contrary, with in the EPW-4 zone, the following provisions shall apply:
i.
Only outdoor recreational uses, such as playing fields, shall be
permitted in the EP-W-4 zone.
October 23, 2006
SECTION 33
473
FUTURE DEVELOPMENT (FD) ZONE
No person shall within any Future Development (FD) Zone use any land, or erect,
provisions.
33.1.1
a use existing on the date of passing of this By-law
33.1.2
an accessory building or use to an existing use on the date of passing
of this By-Law
33.1.3
agricultural uses, including new buildings and structures
33.1.4
4.23 of this By-law
33.2.1
a use existing on the date of passing of this By-law
33.2.2
an accessory building or use to an existing use on the date of passing
of this By-Law
33.3.1
Minimum Lot Area - as existing on the date of passing of this By-Law
33.3.2
Minimum Lot Frontage - as existing on the date of passing of this ByLaw
33.3.3
Maximum Lot Coverage - as existing on the date of passing of this ByLaw
33.3.4
Minimum Front Yard
12 m (40 ft.)
33.3.5
12 m (40 ft.)
33.3.6
6 m (20 ft.)
33.3.7
Minimum Rear Yard
12 m (40 ft.)
33.3.8
15%
33.3.9
Minimum Floor Area - as existing on the date of passing of this By-Law
October 23, 2006
33.3.10
474
Maximum Height - as existing on the date of passing of this By-Law
LOADING PROVISIONS
of any land, building or structure permitted within the Future Development
(FD) Zone shall apply and be complied with.
33.5 SPECIAL FUTURE DEVELOPMENT (FD) ZONES
33.5.1 FD-1 Zone (380 Main Street, Ward of Bloomfield)
Notwithstanding any provisions of this By-law to the contrary, within the FD1 Zone, the following provisions shall apply:
i.
ii.
iii.
iv.
Minimum Lot Area
2.8 ha (7 ac)
0 m (0 ft.)
Minimum setback of existing building shall be 6.3 m (20.7 ft.)
Access to the lot zoned FD-1 is by way of a 15 foot private right-ofway as described as Part Lot 174, Part 5, Registered Plan 2 in the
former Village of Bloomfield.
33.5.2 FD-2 Zone (Laurie, Part of Lots 120 & 121, Ward of Bloomfield)
i.
ii.
Minimum Lot Area
2.0 ha (5 ac)
21 m (70 ft.)
33.5.3 FD-3 Zone (Part of Lot 23, Concession 3, Military Tract, Ward of
Hallowell)
i.
ii.
Minimum Lot Area
1.2 ha (2.96 ac.)
8.2 m (26.9 ft)
33.5.4 FD-4 Zone (Macaulay Village, Ward of Hallowell)
October 23, 2006
i.
475
1.
open space
2.
Public use or utility
3.
conservation uses, excluding any buildings or structures
4.
agricultural uses, excluding any buildings or structures
33.5.5 FD-5 Zone (16224202 Ontario Inc., Part of Lot A, Concession 1
North West Carrying Place, Ward of Hallowell)
ii.
Prior to rezoning lands zoned FD-5, the following matters must be
completed to the satisfaction of the County of Prince Edward:
4.35 approval by the Municipality of a Master Transportation Plan for
the development area bounded by Talbot St., extension of Downes
Ave., Frank St. and the Millennium Trail;
4.36 approval by the Municipality of a Master Municipal Servicing Plan
for the provision of sanitary sewers and municipal water supply for
the development area bounded by Talbot St., extension of Downes
Ave., Frank St. and the Millennium Trail;
4.37 approval by the Municipality of a Master Stormwater
Management Plan for the development area bounded by Talbot St.,
extension of Downes Ave., Frank St. and the Millennium Trail;
4.38 execution by the proponent of a cost sharing agreement with
the owner of the ‘Hennessey’ subdivision for the extension of
Downes Ave. across the entire frontage of the proponent’s land.
33.5.6 FD-6 Zone (Home Hardware, Part Lot 18, Concession 3 Military
In addition to all other relevant portions of this by-law, the lands zoned FD-6
shall have the following special provisions:
i.
A requirement of rezoning lands zoned FD-6 to another zone shall be
the provision of municipal water and sanitary sewer services to the
satisfaction of the Municipality if the proposed uses require water and
sanitary services.
All other provisions of the FD Zone and By-law No. 1816-2006 as amended
shall apply to lands zoned FD-6.
33.5.7 FD-7 Zone (1622402 Ontario Ltd. c/o Pete Fleck, Part Lot A,
Concession 1 North West Carrying Place, 54 Talbot Street, Ward of
October 23, 2006
476
contrary, on the lands zoned FD-7, the following provisions shall apply:
i.
Prior to rezoning lands zoned FD-7, the following matters must be
completed to the satisfaction of the County of Prince Edward:
a)
approval by the Municipality of a Master Transportation Plan for
the development area bounded by Talbot Street, extension of
Downes Avenue, Frank Street and the Millennium Trail;
b)
approval by the Municipality of a Master Municipal Servicing Plan
for the provision of sanitary sewers and municipal water supply
for the development area bounded by Talbot Street, extension
of Downes Avenue, Frank Street and the Millennium Trail; and
c)
approval by the Municipality of a Master Stormwater
Management Plan for the development area bounded by Talbot
Street, extension of Downes Avenue, Frank Street and the
Millennium Trail.
All other provisions of the FD Zone and By-law No. 1816-2006, as
amended, shall apply to the lands zoned FD-7.
33.5.8
FD-8 Zone (Paul & Beverley Jones, Part of Lot 23 & 24, Concession
3 Military Tract, Ward of Hallowell) (Amending By-law No. 25752010)
contrary, on the lands zoned FD-8, the following special provisions shall
apply:
i.
ii.
iii.
In addition to the uses permitted in the FD Zone one (1) single
detached dwelling shall also be a permitted use.
Maximum Northern Interior Side Yard 12.2 m (40 ft)
For the purposes of this by-law the “Northern Interior Side Yard” shall
refer to that portion of the lands zoned FD-8 that abut the residential
property at 223 County Road 10 only.
All other provisions of the FD Zone and By-law No. 1816-2006, as amended,
shall apply to the lands zoned FD-8.
33.5.9
FD-9 Zone (Home Hardware Stores Ltd., Part of Lot 18,
Concession 3 Military Tract, 13544 Highway No. 33, Ward of
contrary, on the lands zoned FD-9, the following special provisions shall
apply:
October 23, 2006
i.
ii.
iii.
477
In addition to the uses permitted in the FD Zone a fenced open lumber
storage area shall be permitted to a maximum gross area of 1 ha. (2.5
ac).
A requirement of rezoning lands zoned FD-9 to another zone shall be
the provision of municipal water and sanitary services to the
satisfaction of the Municipality if the proposed uses require water and
sanitary services.
A 30 m (100 ft) buffer along the Warings Creek shall be replanted with
native trees and shrub species.
All other provisions of the FD Zone and By-law No. 1816-2006, as amended
33.5.10 FD-10 (Country Club Investments Ltd.) Part of Lots 10, 188, 191,
195, 196 196B & 197, Plan 8, Ward of Wellington (Amending Bylaw No. 3029-2012)
contrary, on the lands zoned FD-10 the following special provisions shall
apply:
i.
a) Uses existing on the date of passing of this by-law.
ii.
Lot Area (minimum)
iii.
0.05 ha (0.12 ac)
0. 5 m (1.6 ft)
All other provisions of the FD Zone and By-law No. 1816-2006, as amended
Comprehensive Zoning By-law
October 23, 2006
SECTION 34
478
BY-LAW ENFORCEMENT AND VALIDITY
34.1 ISSUANCE OF PERMITS
Where land is proposed to be used or a building or structure is proposed to
be erected or used in violation of this By-law, no permit or license required
under any by-law of the County for the use of land or for the erection or the
use of the building or structure shall be issued.
34.2 INSPECTION OF LAND OR BUILDINGS
(a)
(b)
(c)
Where a By-law Enforcement Officer believes on reasonable grounds
that any provision of this By-law is being contravened, the By-law
Enforcement Officer may, at all reasonable times and upon producing
proper identification, enter and inspect any property on or in respect of
which he or she believes the contravention is occurring, subject to the
provisions of Section 34.2 (b) below.
Except under the authority of a search warrant, the By-law
Enforcement Officer shall not enter any room or place actually used as
a dwelling, without requesting and obtaining the consent of the
occupier, first having informed the occupier that the right of entry may
be refused and entry made only under the authority of a search
warrant.
No person shall obstruct or attempt to obstruct a By-law Enforcement
Officer in the exercise of a power under this section.
34.3 VIOLATION AND PENALTIES
34.3.1
Every person who contravenes any provision of this By-law and, if the
person is a corporation, every director or officer of the corporation who
knowingly concurs in the contravention, is guilty of an offence and on
conviction is liable to the penalties prescribed in Section 67 of the
Planning Act, R.S.O. 1990, c.P.13, as amended from time to time.
34.3.2
Where a conviction has been entered, in addition to any other remedy
or penalty provided by law, the court in which the conviction has been
entered and any court of competent jurisdiction thereafter, may make
an order prohibiting the continuation or repetition of the offence by the
person convicted.
34.3.3
Any contravention of this By-law may be restrained by action at the
instance of a taxpayer or the County or local Board.
34.4 VALIDITY/SEVERABILITY
If any provision or requirement of this By-law or its application to any
person shall to any extent be held to be invalid or unenforceable, the
Comprehensive Zoning By-law
October 23, 2006
479
remainder of this By-law or the application of such provision or
requirement to all persons other than those to which it is held to be
invalid or unenforceable, shall not be affected thereby, as it is the
intention of the County that each provision and requirement of this Bylaw shall be separately valid and enforceable to the fullest extent
permitted by law.
34.5 EXISTING BY-LAWS
All previous By-laws enacted pursuant to the provisions of Section 34 of the
Planning Act, R.S.O. 1990, c.P.13, as amended or any predecessor section
thereto by former municipalities that were restructured into the County and
all amendments thereto are hereby repealed and replaced by this By-law,
save and except for the following amending by-laws and the relevant
portions of the parent by-laws thereto:
By-law No. 903-2002 (Vision Quest Windelectric, Part Lots 6 – 13,
Concession 4 South Side East Lake, Ward of Athol) OMB Case No. PL020917;
By-law No. 1714-2006 (Bergeron & Dunn, Part Lot 9, Concession 2 North
West Carrying Place, Ward of Hallowell);
By-law No. 1740-2006 (Randal Kerr, Part Lots 67 & 68, Concession 1, Ward
of Ameliasburgh).
34.6 EFFECTIVE DATE
This By-law shall take force and come into effect on the date of passing
hereof subject to the provisions of the Planning Act, R.S.O. 1990, c.P.13, as
amended.
READ A FIRST TIME THIS 23 day of October 2006
READ A SECOND TIME THIS 23 day of October 2006
READ A THIRD TIME AND FINALLY PASSED THIS 23 day of October 2006
Leo Finnegan, Mayor
Barry Turpin, Acting Mayor
Victoria Leskie, Clerk
I hereby certify that the foregoing is a true copy of By-law No. 1816-2006 as
enacted by the Council of the County of Prince Edward.
23 day of October 2006.
Victoria Leskie, Clerk

county of prince edward comprehensive zoning by-law no. 1816-2006

Transcription

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