Town of Kingsville Zoning By-law 6

Transcription

Former Town of Kingsville Zoning By-law 6-1987
Town of
Kingsville
Comprehensive
Zoning By-law
Zoning By-law
6-1987, as
amended
2010 Office Consolidation
1
Table of Contents
SECTION 1 GENERAL ......................................................................................................................................... 6
SECTION 2 ADMINISTRATION ..................................................................................................................... 8
SECTION 3 DEFINITIONS .............................................................................................................................. 10
A TO C ..................................................................................................................................................................... 10
D TO G ..................................................................................................................................................................... 13
H TO L ..................................................................................................................................................................... 17
M TO Z .................................................................................................................................................................... 22
SECTION 4 ZONES AND ZONING MAPS .................................................................................................. 30
SECTION 5- GENERAL PROVISIONS ........................................................................................................ 34
5.1
INTERPRETATION .............................................................................................................................. 34
5.2
APPLICATION ........................................................................................................................................ 35
5.3
STREET FRONTAGE REQUIRED..................................................................................................... 35
5.4
YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES ...................................................... 36
5.5
TEMPORARY CONSTRUCTION USES ........................................................................................... 36
5.6
NON-COMPLIANCE WITH MINIMUM LOT OR YARD REQUIREMENTS.......................... 36
5.7
NON-CONFORMING USES ................................................................................................................. 36
5.8
EXISTING LOTS ..................................................................................................................................... 37
5.9
PERMITTED ENCROACHMENTS IN YARDS............................................................................... 37
5.10
PERMITTED PUBLIC USES ............................................................................................................... 38
2
5.11
PROHIBTED USES ................................................................................................................................ 39
5.12
NUMBER OF BUILDINGS PER LOT ................................................................................................ 39
5.13
MOBILE HOMES.................................................................................................................................... 39
5.14
TRUCK, BUS AND COACH BODIES, TRAILERS OR TENTS USED FOR HUMAN
HABITATION ......................................................................................................................................... 39
5.15
OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS ....................................................... 39
5.16
SIGHT VISIBILITY TRIANGLES ....................................................................................................... 40
5.17
HEIGHT .................................................................................................................................................... 40
5.18
PARKING OF COMMERCIAL MOTOR VEHICLES IN RESIDENTIAL ZONES ................... 40
5.19
ACCESSORY USES ................................................................................................................................ 41
5.20
SERVICING REQUIREMENTS FOR ALL DEVELOPMENT ...................................................... 42
5.21
PARKING REQUIREMENTS .............................................................................................................. 42
5.22
STANDARDS FOR PARKING AREAS.............................................................................................. 45
5.23
LOADING SPACES ................................................................................................................................ 45
5.24
STANDARDS FOR LOADING SPACES............................................................................................ 46
5.25
CONFORMITY WITH EXISTING SETBACKS ............................................................................... 46
5.26
LANDSCAPING ...................................................................................................................................... 46
5.27
TRAILER OR BOAT STORAGE ......................................................................................................... 46
5.28
SETBACKS FROM WATERCOURSES AND MUNICIPAL DRAINS ........................................ 47
5.29
LAKE ERIE FLOOD PROTECTION MEASURES .......................................................................... 47
5.30
FLOODPLAIN DEVELOPMENT CONTROL AREA ..................................................................... 47
3
5.31
SIGNS AND FENCES ............................................................................................................................ 48
5.32
THROUGH LOTS ................................................................................................................................... 48
5.33
RESIDENTIAL USES IN NON-RESIDENTIAL ZONES ............................................................... 48
5.34
SEPARATION OF DWELLINGS FROM RAILWAYS ................................................................... 48
5.35
MAINTENANCE OF STREET WIDTHS .......................................................................................... 48
5.36
TEMPORARY REAL ESTATE OFFICES ......................................................................................... 49
5.37
ADULT ENTERTAINMENT PARLOURS........................................................................................ 49
SECTION 6 RESIDENTIAL TYPE ONE (R1) ZONE REGULATIONS ............................................. 50
SECTION 7 RESIDENTIAL TYPE ONE HOLDING R1(H) ZONE ..................................................... 71
SECTION 8 RESIDENTIAL TYPE (R2) ZONE REGULATIONS ........................................................ 73
SECTION 9
RESIDENTIAL TYPE THREE (R3) ZONE REGULATIONS ................................. 94
SECTION 9A RESIDENTIAL TYPE THREE HOLDING R3(H) ZONE REGULATIONS ......... 114
SECTION 9B RESIDENTIAL TYPE FOUR (R4) ZONE REGULATIONS ..................................... 116
SECTION 9C
RESIDENTIAL TYPE FOUR HOLDING R4 (H) ZONE REGULATIONS ........ 119
SECTION 10 CENTRAL COMMERICAL (C1) ZONE REGULATIONS ...................................... 121
SECTION 11 HIGHWAY COMMERICAL (C2) ZONE REGULATIONS ..................................... 127
SECTION 12 HIGHWAY COMMERICAL HOLDING C2 (H) ZONE REGULATIONS........... 132
SECTION 13 SHOPPING CENTRE COMMERICAL (C3) ZONE REGULATIONS ................. 134
SECTION 14 HIGHWAY COMMERCIAL/INDUSTRIAL (C4) ZONE REGULATIONS ....... 136
SECTION 15 HIGHWAY COMMERCIAL/INDUSTRIAL HOLDING C4 (H) ZONE
REGULATIONS ................................................................................................................................... 138
4
SECTION 16 WATERFRONT COMMERCIAL (C5) ZONE REGULATIONS ........................... 140
SECTION 17 INDUSTRIAL (M1) ZONE REGULATIONS ............................................................. 143
SECTION 18 INDUSTRIAL HOLDING M1(H) ZONE REGULATIONS .................................... 147
SECTION 19 INSITUTIONAL (I) ZONE REGULATIONS .............................................................. 149
SECTION 20 RECREATIONAL (RE) ZONE REGULATIONS ....................................................... 153
SECTION 21 WATERCOURSE PROTECTION (WC) ZONE REGULATIONS ........................ 155
5
Corporation of the Town of Kingsville
Zoning By-Law
6-1987
A By-law to regulate the use of land, and the character, location and use of buildings and
structures in the Town of Kingsville.
WHEREAS the Council of the Corporation of the Town of Kingsville deems it expedient to
implement the Official Plan in effect for the Town of Kingsville; and
WHEREAS authority is granted under Section 34 of the Planning Act, 1983, as amended, to pass
this By-law;
NOW THEREFORE the Council of the Corporation of the Town of Kingsville enacts as follows:
SECTION 1 GENERAL
1.1
Title
This By-law shall be known as “The Town of Kingsville Zoning By-law”.
1.2
Application
The provisions of this By-law shall apply to all lands within the boundaries of the
Corporation of the Town of Kingsville.
1.3
Scope
No lands shall be used and no buildings or structures shall be erected, structurally altered
or enlarged, or used, within the Town of Kingsville except in conformity with the
provisions of this By-law.
1.4
Repeal of Existing By-laws
From the coming into force of this By-law, all previous by-laws passed under Section 34
of the Planning Act, 1983, as amended, or a predecessor thereof, shall be deemed to have
been repealed except to the extent that any of the said by-laws prohibits the use of any
land, building or structure for a purpose that is also prohibited by this By-law.
6
1.5
Application of Other By-laws
Nothing in this By-law shall serve to relieve any person from the obligation to comply
with the requirements of the Ontario Building Code or any other by-law of the
Municipality in force from time to time or the obligation to obtain any license, permit,
authority or approval required under any by-law or by the Municipality.
1.6
Greater Restrictions of Others to Govern
Nothing in this By-law shall reduce the severity of restrictions lawfully imposed by a
governmental authority having jurisdiction to make such restriction.
1.7
Validity
Should any section, clause or provision of this By-law, including any part of the zoning
as shown on Schedule “A”, be held by a court of competent jurisdiction to be invalid, the
validity of the remainder of the By-law shall not be affected.
1.8
Effective Date
This By-law shall come into effect in accordance with Section 34 of the Planning Act,
1983.
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SECTION 2 ADMINISTRATION
2.1
Administration
This By-law shall be administered by the Zoning Administrator or any other person as the
Council of the Town of Kingsville designates.
2.2
Licenses and Permits
No municipal permit, certificate, or license shall be issued where the said permit is
required for a proposed use of land or a proposed erection, alteration, enlargement or use
of any building or structure that is in violation of any of the provisions of this By-law.
2.3
Buildings To Be Moved
No building, residential or otherwise, shall be moved within the limits of the
Municipality or shall be moved into the Municipality from outside, without a permit from
the Chief Building Official.
2.4
Certificates of Occupancy
No building or structure which has been erected or altered is to be used or changed in use,
in whole or in part, until a Certificate of Occupancy has been issued by the Chief
Building Official stating that the proposed use and occupancy of such land, building, or
structure, complies with the provisions of this By-law.
2.5
Building Permits
In addition to fulfilling the requirements of any by-law enacted pursuant to Section 34 of
the Planning Act, 1983, as amended, no person shall commence to use any lands or erect,
occupy, alter, enlarge or use any buildings or structures until he has applied for and
received from the Chief Building Official a building permit as herein provided.
2.6
Application for Certificate of Occupancy and Building Permits
A Certificate of Occupancy shall be applied for simultaneously with every application for
a building permit. Unless deemed unnecessary by the Chief Building Official, such
application shall be accompanied by a plan in duplicate, drawn to scale, in metric, and
based on a survey by an Ontario Land Surveyor showing and containing:
2.6.1
the true shape and dimensions of the lot to be built upon or otherwise developed;
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2.7
2.6.2
the proposed location, grade, height, and dimensions of any buildings, structures,
use or work proposed for the lot;
2.6.3
the proposed locations and dimensions of any yards, setbacks, landscaping, off
street parking spaces or off-street loading facilities required by this By-law;
2.6.4
the location on the lot of every building thereon;
2.6.5
a detailed drawing of each building and structure indicating the type of material to
be used;
2.6.6
a statement, signed by the owner or his agent duly authorized thereunto in writing,
disclosing the exact use proposed for each building aforesaid and giving all
information necessary to determine whether or not such building and the proposed
use thereof conforms with the requirements of this By-law;
2.6.7
the lack of a survey or a mistake does not relieve any person from liability for not
complying with the requirements of this by-law, i.e., responsibility is not upon the
Municipality, whose rights are preserved even in the case of a mistake of its own
official.
Injunction
In case the whole or any part of any buildings or structure is, or is to be, used, erected,
structurally altered, enlarged or extended or the whole or any part of any lot is, or is to be,
used, in contravention of this By-law, such contravention may be restrained by action at
the instance of the Municipality or of any ratepayer pursuant to the provisions on that
behalf of the Planning Act, 1983, as amended, the Municipal Act, R.S.O. 1980, as
amended, or of the Courts of Justice Act, 1984, as amended.
2.8
Violations and Penalties
Any person guilty of an offence and convicted of a breach of any of the provisions of this
By-law shall be liable to a fine not to exceed the maximum amount stipulated in the
Planning Act, 1983 exclusive of costs, for each offence, and every such penalty shall be
recoverable under the Provincial Offences Act, R.S.O. 1980, as amended.
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SECTION 3 DEFINITIONS
For the purpose of this By-law, the definitions and interpretations given herein shall govern.
A to C
3.1
ACCESSORY, when used to describe a use, building or structure, shall mean a use, a
building or a structure, that is normally incidental, subordinate and exclusively devoted to
a main use, building or structure that is located on the same lot therewith, and includes
a private garage
which is not attached to the main building in any way.
3.1 (a) ADULT ENTERTAINMENT PARLOURS, shall mean any premises or part thereof in
which is provided, in pursuance of a trade, calling, business or occupation, services
appealing to or designed to appeal to erotic or sexual appetites or inclinations. For the
purposes of this paragraph, the following shall apply;
a)
“Provided” includes furnished, performed, solicited or given such services;
b)
“Services” includes activities, facilities, performances, exhibitions, viewings and
encounters but does not include the exhibition of a film approved under the
Theatres Act;
“Services appealing to or designed to appeal to erotic or sexual appetites or
inclinations” including the following:
(i)
services of which a principal feature or characteristic is nudity or
partial nudity of any person
(ii)
services in respect of which the word “nude”, “naked”
“topless”
bottomless” “sexy” or any other word or any
picture, symbol or
representation having like meaning or implication is
used in any advertisement;
d)
“To provide” when used in relation to “services” includes to furnish, perform,
solicit, or give such services and “providing” and “provision” have corresponding
meanings.
(ADDED BY BY-LAW 4-1991)
c)
3.2
ALTER, when used in reference to a building or structure or part thereof, shall mean to
change 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.
When used in reference to a lot, the word “alter” means 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 street or lane, whether such alteration is made by conveyance or
alienation of any portion of said lot, or otherwise.
10
3.3
AMUSEMENT ARCADE, shall mean any premises or part thereof containing four or
more electronic or mechanical pinball or amusement machines operated for gain and
made available for the entertainment or amusement of the general public. This definition
shall not include establishments which sell such devices, provided that such devices are
not made available on the premises for use on a commercial basis by the public.
3.4
AMUSEMENT MACHINE, shall mean any electronic or mechanical machine or device
intended for use as a game or source of entertainment or amusement offered for use by
the public by any person for profit or gain and shall include a pinball machine, video
game, shooting gallery, or other similar machine or device including an automatic
machine or slot machine that dispenses as prizes one or more free games, but shall not
include any machine used only for the purpose of vending merchandise or services or
playing recorded music or any billiard or pool table or any machine that would render the
premises a common gaming house within the meaning of the Criminal Code of Canada.
3.5
ANIMAL CLINIC, shall mean any building used or intended for use for the purpose of a
veterinary practice.
3.6
APARTMENT BUILDING, shall mean the whole of a structure that contains five (5) or
more dwelling units in which units have a common entrance from street level and are
served by a common corridor, and the occupants of which units have the right to use in
common the corridors, stairs, elevators, yards or one or more of them.
3.6 (a) ASSMEBLY 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 activities and may include a banquet facility or club.
(By-law 13-2001)
3.7
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.
3.8
AUTOMOBILE BODY REPAIR SHOP, shall mean a building or structure used
primarily for making repairs or alterations to the body or paint work of any vehicle.
3.9
AUTOMOBILE SALES AND SERVICE ESTABLISHMENT, shall mean a lot, building
or structure where the business of selling new and/or used motor vehicles is conducted
and may include the display, storage and sale of such motor vehicles; the storage and sale
of automotive accessories and related products, offices, show rooms and sales rooms; the
leasing or renting of motor vehicles; the sale of gasoline; the servicing, washing,
repairing, cleaning, polishing, painting of motor vehicles; and a towing service, all of
which must be incidental to the main use.
11
3.10
AUTOMOBILE SERVICE STATION, shall mean a building or a clearly defined space
on a lot where gasoline, oil, grease, antifreeze, tires, tubes, tire accessories, electric light
bulbs, spark plugs, and batteries for motor vehicles are stored or kept for sale, or where
motor vehicles may be oiled, greased, or washed, or have their ignition adjusted, tires
inflated or batteries charged or where repairs essential to the actual operation of motor
vehicles are executed or performed but shall not include an automobile washing
establishment.
3.11
AUTOMOBILE WASHING ESTABLISHEMNT or CAR WASH, shall mean a building
or structure, or part thereof, containing facilities for washing, cleaning or drying motor
vehicles by production line methods which may include a conveyor system, or similar
mechanical devices and also includes a self service car wash.
3.11a) BANQUET FACILITY, shall mean an establishment used for the purpose of catering to
banquets, weddings, receptions or similar functions for which food and beverages are
served on the premises (indoor or outdoor) but does not include a caterer’s establishment
wherein food and beverages are delivered off-site.
(By-law 13-2001)
3.12
BASEMENT, shall mean that portion of a building between two floor levels which is
partly underground but which has at least one half of its height, from floor to ceiling,
above the adjacent finished grade.
3.13
BOARDING HOUSE and ROOMING HOUSE and TOURIST HOME, shall mean any
building or portion thereof in which the proprietor supplies for hire or gain to more than
two (2) other persons, lodging, meals, or both but shall not include a hotel, hospital, home
for the young or the aged or institution if the hotel, hospital, home or institution is
licensed, approved or supervised under any general or special Act.
3.14
BUILDING, shall include any structure greater than nine (9) square metres, whether
temporary or permanent, used or intended for sheltering any use or occupancy but shall
not include a fence, travel trailer, camping trailer, truck camper, motor home, or tent.
3.15
BUILDING AREA, shall mean the only area or areas on a lot within which any building
or structure may be erected.
3.16
BUILDING, MAIN or MAIN STRUCTURE, shall mean the building or structure in
which is conducted the principal use of the lot on which it is situated.
3.17
CAMPGROUND or TRAILER PARK, shall mean a parcel of land used and maintained
for campers who provide their own sleeping facilities such as travel trailers, campers or
tents, provided such campers are serviced with sanitary and waste disposal facilities, and
a campsite for a short-term length of stay not to exceed thirty (30) consecutive days in
length.
12
3.18
CHURCH, shall mean a building dedicated to religious worship and may include a
rectory or manse, church hall, church auditorium, Sunday school, parish hall, and church
day nursery.
3.19
CLINIC, shall mean a building or structure that is used or intended for use by one or
more physicians, dentists, veterinarians, chiropractors and/or drugless practitioners, or
any one or more of them, as well as their staff and patients, for the purpose of
consultation, diagnosis and office treatment.
3.20
COMMERCIAL MOTOR VEHICLE, shall mean any commercial motor vehicle as
defined in the Highway Traffic Act.
3.21
COMMERCIAL USE, shall mean the use of land or buildings for the purposes of offices,
and the retail buying or selling of commodities, or both, and the supplying of services.
3.22
COMMUNITY CENTRE, shall mean a building used for community activities and not
used for commercial purposes, the control of which is vested in the Municipality, a local
board or trustees of the Corporation.
3.23
CONTRACTOR’S YARD or SHOP, shall mean any land, building or structure used for
the purpose of storing contracting or construction equipment and material or performing
shop work or assembly work by any building trade or other contractor.
3.24
CORPORATION, shall mean the Corporation of the Town of Kingsville.
3.25
COUNTY, shall mean the Corporation of the County of Essex.
3.26
COVERAGE, shall mean the combined area of all buildings or structures, but not
including a private outdoor swimming pool, on the lot measured at the level of the lowest
storey above grade, but excluding open, unenclosed terraces or patios at grade, steps,
cornices, eaves, by windows, chimney breasts, corbelling or similar projections, parking
areas and permitted outside storage.
D to G
3.27
DAY NURSERY, shall mean a place that receives for temporary custody more than three
(3) children under ten (10) years of age not of common parentage and that is not;
(a)
(b)
(c)
3.28
part of a public school or separate school under the Education Act, R.S.O.
1980, as amended;
part of a private school registered under the Education Act, R.S.O. 1980,
as amended;
a children’s mental health centre under the Children’s Mental Health
Services Act, R.S.O. 1980, as amended.
DRIVEWAY, shall mean a vehicular passageway having at least one end thereof
connected to a street and providing ingress or egress from a lot, or both.
13
3.29
DWELLING, shall mean a building, occupied or designed to be occupied exclusively as
a home, residence or sleeping place by one or more persons, but shall not include hotels,
boarding, lodging, or rooming houses, tourist homes, nursing or rest homes, motels,
institutions, travel trailers or mobile homes.
3.30
DWELLING, CONVERTED, shall mean a building originally designed as a single
family detached dwelling which because of its size or design can be converted by
partition into more than one dwelling unit with each one having separate and individual
sanitary and cooking facilities.
3.31
DWELLING, DUPLEX, shall mean a dwelling that is divided horizontally into two (2)
dwelling units each of which has an independent entrance either directly or through a
common vestibule.
3.32
DWELLING, GROUP HOME, shall mean a single housekeeping unit in a residential
dwelling licensed or funded under an act of the Parliament of Canada or the Province of
Ontario for the accommodation of not more than ten (10) 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. Such dwelling is provided with responsible adult
supervision consistent with the requirements of its residents and is set up in theory, size,
appearance, and structure to resemble a family unit. Notwithstanding this definition,
such dwellings intended to house criminal ex-offenders shall not be considered as group
home dwellings for the purposes of this By-law and are not permitted in the Town
without an amendment to this By-law.
3.32 (a)DWELLING, MULTI UNIT, shall mean a dwelling containing three (3) or more
dwelling units with all dwelling units being on one (1) lot.
(By-law 25-1996)
3.33
DWELLING, MULTIPLE, shall mean a dwelling used, designed or intended to be used
for occupancy by three (3) or more families living independently of each other and
includes townhouses, rowhouses, and apartment buildings.
3.34
DWELLING, SEMI-DETACHED, shall mean a dwelling as defined herein designed to
accommodate individuals living as one (1) group, regardless of whether the individuals
within the group are related or unrelated. Each dwelling unit shall be attached by a
common wall to only one other dwelling unit and each dwelling unit shall be on a
separate lot.
(By-law 25-1996)
3.35
DWELLING, SINGLE FAMILY DETACHED, shall mean a completely detached
dwelling used, designed, or intended to be used for occupancy by not more than one
family. This definition shall not include a mobile home or travel trailer as defined herein.
14
3.35 (a)DWELLING, SINGLE UNIT, ATTACHED, shall mean a dwelling as defined herein
designed to accommodate individuals living as one group, regardless of whether the
individuals within the group are related or unrelated. Each dwelling unit shall be
attached by a common wall to two (2) or more other single unit attached dwellings and
each single unit attached dwelling shall be on a separate lot.
(By-law 25-1996)
3.35b) DWELLING, SINGLE UNIT DETACHED, shall mean a dwelling as defined herein
designed to accommodate individuals living as one (1) group, regardless of whether the
individuals within the group are related or unrelated. Such dwelling shall be designed as
one (1) dwelling unit to accommodate one (1) group of individuals only as evidenced by
all parts of the building being accessible to and from all other parts of the building.
(By-law 25-1996)
3.35c) DWELLING, TWO (2) UNIT, shall mean a dwelling with two (2) dwelling units as
defined herein designed to accommodate two (2) separate groups of individuals,
regardless of whether the individuals within the groups are related or unrelated. This
dwelling shall be designed to accommodate two (2) separate groups of individuals only,
as evidenced by two (2) distinct although attached dwelling units each with at least one
(1) independent entrance with both dwelling units being on one (1) lot.
(By-law 25-1996)
3.36
DWELLING UNIT, shall mean one (1) or more habitable rooms occupied or designed to
be occupied by an individual or family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary facilities are provided for the use of
such individual or family, with a private entrance from outside the building or from a
common hallway or stairway inside the building. This definition shall not include a
mobile home or trailer as defined herein.
3.37
EASEMENT, shall have the meaning attributed to it in the definition of Right-Of-Way.
3.38
EATING ESTABLISHMENT, shall mean a building or part of a building where food is
offered for sale or sold to the public for immediate consumption and includes such uses
as a restaurant, café, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee
shop, snack bar, or refreshment room or stand, but does not include a boarding or lodging
house.
3.39
ERECT, shall mean to do anything in the erection, building, construction, reconstruction,
installation, enlargement, extension, material or structural alteration or repair of a
building or structure and shall include any preliminary physical operations such as
excavating, grading, piling, cribbing, filling or draining, the relocation of a building or
structure, the installation of a building unit fabricated or removed from elsewhere, and
the demolition or removal of a building or any part thereof and further includes any work
for which a building permit is required under the Building Code Act. “Erected” and
“erection” shall have a corresponding meaning.
15
3.40
EXISTING, shall mean legally existing as of the date of the passing of this By-law.
3.41
FAMILY, shall mean an individual, or two (2) or more persons who are related by blood
or marriage or common-law union or legal adoption and for the purposes of this By-law,
a maximum of six (6) foster children shall be considered to be so related, or a group of
not more than five (5) unrelated persons exclusive of servants occupying a dwelling unit,
and not more than two (2) persons who receive their lodging, board or both for
compensation or for hire.
3.42
FARM EQUIPMENT SALES AND SERVICE ESTABLISHMENT, shall mean a lot,
building or structure where the business of selling new or used farm equipment and
machinery, or both, is conducted and may include the display, storage and sale of such
equipment; the servicing and repair of such equipment; the storage, display and sale of
related accessories and products, and related offices, show rooms and sales rooms.
3.43
FLOOR AREA, shall mean the sum of the areas of all of the floors of a building or
structure measured from the outside of all outside walls or from the centerline of common
or party walls, exclusive of any attached accessory building or terrace verandah,
unfinished attic, unfinished basement, open or enclosed porch is an integral part of the
building and habitable in all seasons, and excluding any floor area with a ceiling height of
less than two (2) metres.
3.44
GARAGE (PRIVATE) or CARPORT, shall mean a building or portion of a building not
to exceed sixty-five (65) square metres in size or twelve (12) metres in width designed
for the sheltering or storage of not more than three (3) motor vehicles or recreational
vehicles or both and the storage of household equipment incidental to residential
occupancy, and wherein no service for profit is rendered; when such structure is attached
to the main building, it shall be deemed to be part of the main building and not an
accessory building.
3.45
GARAGE, PUBLIC, shall mean a building or structure other than a private garage which
is used for the care, repair or equipping of motor vehicles, or where such vehicles are
parked or stored for remuneration, hire or sale.
3.46
GAS BAR, shall mean an establishment designed for the retail sale of gasoline, motor car
fuel and lubricating oil and allied additives and the introduction of such materials into
vehicles but does not include the provision of mechanical services to vehicles.
3.47
GRADE or GRADE, FINISHED, shall mean the average level of finished ground
adjoining a building or structure at all exterior walls, as determined by the Chief Building
Official.
3.48
GROUP HOME, see DWELLING, GROUP HOME.
16
H to L
3.49
HEIGHT, when used with reference to a building or structure shall mean the vertical
distance in meters between the horizontal plane through the average finished grade and a
horizontal plane through:
(a)
(b)
(c)
(d)
the highest point of the roof assembly in the case of a building with a flat or deck
roof;
the average level of a one slope roof, provided that a roof having a slope less than
twenty (20) degrees with the horizontal shall be considered a flat roof;
the roof deck line, in the case of a mansard roof;
the average level between eaves and ridges in the case of a roof type not
mentioned in subsection (a), (b) and (c) immediately preceding.
17
3.50
HOME OCCUPATION, shall mean the use of part of a dwelling unit for an occupation
for gain or support that is clearly secondary to the residential use of the property and shall
include such things as hair dressing and other personal service shops (excluding selfservice dry cleaning and laundry establishments), insurance and other office type uses,
medical and other professional type uses, ceramic and other home craft type uses, mail
order establishments and bed and breakfast establishments and Ministry licensed home
child care establishments that for remuneration provide temporary care to not more than
five (5) children and limousine rental establishments provided no more than one (1)
limousine is parked outdoors.(AMENDED BY BY-LAW 12-1990)
3.51
HOTEL, shall mean any tavern, inn, lounge or public house in one main building or in
two or more connected or adjacent buildings designed and used mainly for the purpose of
catering to the needs of the travelling public by supplying food, refreshments or both and
furnishing sleeping accommodation of not less than six (6) guest rooms, each having no
facilities for cooking or housekeeping and provided that each guest room may only be
entered from the interior of the building, and shall include all such buildings operating
under the Liquor License Act, R.S.O. 1980, and the Tourism Act, R.S.O. 1980 as
amended from time to time. A “hotel” does not include a rooming house, boarding
house, multiple dwelling or apartment hotel.
3.52
INDUSTRIAL USE, shall mean the use of any land, building or structure for the purpose
of manufacturing, processing, assembling, making, preparing, inspecting, ornamenting,
finishing, treating, altering, repairing, warehousing, storing or adopting for sale any
goods, substance, article or thing, or any part thereof, and the storage of building and
construction equipment and materials, as distinguished from the buying and selling of
commodities and the supplying of personal services. A transportation terminal would
also be considered an “Industrial Use”.
3.53
INDUSTRIAL USE, NON-EFFLUENT PRODUCING, shall mean an industrial use
which either does not discharge waste water or discharges waste water from one or more
of the following sources only:
(a)
sanitary sewage from employee washrooms;
(b)
storm water drainage;
(c)
water used for indirect cooling of equipment and ancillary purposes.
18
3.53a) INN, shall mean a facility providing overnight and dining accommodation in one (1)
main building or in two (2) or more connected or adjacent buildings designed and used
mainly for the purpose of catering to the needs of the travelling public by supplying
foods, refreshments or both and furnishing sleeping accommodation of not less than four
(4) guest rooms or other accommodation with or without facilities for banquet and
meetings for the general public. An “Inn” does not include a rooming house, boarding
house or tavern. (By-law 13-2001)
3.54
INSTITUTIONAL USE, shall mean the use of land, buildings or other structures for
some public or social purpose but not for a commercial use or for a commercial business
purpose and may include governmental, religious, educational, charitable, philanthropic,
hospital or other similar but non-business uses.
3.55
LANDSCAPING, shall mean any combination of trees, shrubs, flowers, grass or other
horticultural elements, together with decorative stonework, paving, screening or other
architectural elements, all of which is designed to enhance the visual amenity of a
property and to provide a screen to mitigate any objectionable aspects that may
detrimentally affect adjacent land.
3.56
LOADING SPACE, shall mean a space or bay located on a lot which is used or intended
to be used for the temporary parking of any commercial, industrial or institutional
vehicles while loading or unloading persons, animals, goods, merchandise or materials
used in connection with the main use of the lot or any building thereon, and which has
unobstructed access to a street or lane.
3.57
LOT, shall mean a parcel or tract of land which is described in a deed or other document
legally capable of conveying land which:
a)
is the whole of a lot on a registered plan of subdivision, so long as such
registered plan is not deemed, pursuant to Section 49 (4) of the Planning
Act, 1984, as amended, not to be a registered plan of subdivision, or
b)
is all of the land held or owned under distinct and separate ownership from
the ownership of the fee or equity of redemption in abutting land.
19
20
3.58
LOT, AREA, shall be the total horizontal area within the lot lines of a lot.
3.59
LOT, CORNER, shall mean a lot situated at the intersection of, or abutting upon, two or
more streets, provided that the angel of intersection of such streets is not more than one
hundred thirty-five (135) degrees and each of which is at least ten (10) metres wide;
where such adjacent sides are curved, the angle of intersection of the adjacent sides shall
be deemed to be the angle formed by the intersection of the tangents to the street line,
drawn through the extremities of the interior lot lines.
3.60
LOT DEPTH, shall mean the horizontal distance between the midpoints of the front and
rear lot lines. Where there is no rear lot line, lot depth means the horizontal distance
between the midpoints of the front lot line with the apex of the triangle formed by the
side lot lines.
3.61
LOT, FRONTAGE, shall mean the horizontal distance between the side lot lines of a lot
measured at right angles, but where such lot lines are not parallel, the lot frontage shall be
measured perpendicularly to the line joining the midpoints of the front and rear lot lines
at a point seven and one-half (7.5) metres back from the front lot line, and where such lot
lines meet, the lot frontage shall be measured perpendicularly to the line joining the apex
of the triangle formed by the side lot lines at a point seven and one-half (7.5) metres back
from the front lot line, and where such lot lines are curved, the lot frontage shall be
measured along the line between the interior side lot line and the intersection of the
tangents to the street lines, drawn through the extremities of the front lot line and exterior
side lot line.
3.62
LOT, INTERIOR, shall mean a lot other than a corner lot which is situated between
adjacent lots and has access to one street.
3.63
LOT LINES, shall mean the boundary lines of a lot defined as follows:
a) Front Lot Line, shall mean:
-in the case of an interior lot, the lot line dividing the lot from the street;
-in the case of a corner lot the shorter lot line abutting the street unless each lot line is of
equal length in which case the front lot line shall be the lot line where the principal
access to the lot is provided;
b) Rear Lot Line, shall mean the lot line farthest from and opposite to the front lot line;
c) Side Lot Line, Exterior, shall mean a lot line other than a front or rear lot line which
abuts the street on a corner lot;
d) Side Lot Line, Interior, shall mean the side lot line which does not abut the street on a
corner lot.
21
3.64
LOT, THROUGH, shall mean a lot bounded on two opposite sides by streets each of
which is at least ten (10) metres wide. Provided, however, that if any lot qualifies as
being both a corner lot and a through lot as hereinabove defined, such lot shall be
conclusively deemed to be a corner lot.
M to Z
3.65
MAIN WALL, shall mean the exterior front, side or rear wall of a building, and all
structural members essential to the support of a fully enclosed space or roof.
3.66
MANUFACTURING, HEAVY, shall mean any industrial use which is not light
manufacturing as defined in this By-law.
3.67
MANUFACTURING, LIGHT, shall mean the manufacturing, assembly or processing of
component parts to produce finished products suitable for retail trade and does not
include food, beverage, tobacco, rubber, leather, textile, wood, printing, metal fabricating
or similar industries if these operations involve stamping presses, furnaces or machinery
that emit noxious fumes or gases, discharge dirt, dust or particle matter into the air or
result in noise or vibration beyond the limits of the property in excess of Ministry of the
Environment guidelines.
3.68
MARINA, shall mean an area or establishment, with or without buildings, providing
facilities or services for boats or persons travelling by boat, and operated on a
commercial basis or by a
company or group of persons such as a club organized for
pleasure or recreational purposes,
and may include slips, docks, moorings, waste
disposal arrangements, fueling facilities, boat
storage, the sale, rental or repair of
boats, boat motors or boat accessories and the provision of refreshments.
3.69
MOBILE HOME, shall mean a structure eighteen (18.0) metres in length or longer, with
a floor area in excess of sixty-five (65.0) square metres, that is designed to be made
mobile, either on its own wheels, in a flatbed, in or on other trailers or on detachable
wheels and that is, constructed, fabricated or manufactures so as to be transported
thereafter and so as to provide a permanent residence or dwelling unit for one or more
persons except to the extent of minor and incidental unpacking and assembly operations,
placement on a stand, or connection to utilities; but does not include a travel trailer or tent
trailer or trailer otherwise defined.
3.70
MOTEL, shall mean one building, or two (2) or more detached buildings for the purpose
of catering to the needs of the travelling public by furnishing sleeping accommodation
with or without supplying food, refreshments, or both, and provided each guest or
sleeping room may be entered from the exterior of the building, and shall include a motor
court, auto court, and all such buildings operating under the Liquor License Act, R.S.O.
1980 and the Tourism Act, R.S.O. 1980, as amended from time to time.
3.71
MOTOR VEHICLE, shall mean a wheeled self-propelling vehicle for the transportation
of passengers and goods and without limiting the generality of the foregoing includes
22
automobiles, motorcycles, trucks, buses, ambulances, hearses, motor homes and tractors
and other selfpropelled farm machinery.
3.72
MUNICIPALITY, shall mean the Corporation of the Town of Kingsville.
3.73
NURSING HOME, shall mean any premised maintained and operated for persons
requiring nursing care or in which such care is provided to two or more unrelated persons
but does not include any premises falling under the jurisdiction of the Charitable
Institutions Act, the Children’s Mental Health Services Act, the Children’s Residential
Services Act, the Homes for the Aged and Rest Homes Act, the Mental Hospitals Act, the
Private Hospitals Act, or the Public Hospitals Act.
3.74
OFFICE, GENERAL, shall mean any building or part of a building or any room or suite
of rooms designed, intended or used for the conduct of a profession, occupation or
business, but shall not include the office of a veterinarian, the retailing of merchandise,
the manufacturing, repairing or storage of goods or any place of assembly or amusement.
3.75
OFFICE, PROFESSIONAL, shall mean any office used by professionally qualified
persons, for the purpose of giving advice, consultation, or treatment to clients or patients
but does not include an animal clinic.
3.76
OUTSIDE STORAGE, shall mean the storage of goods in the open air and in unenclosed
portions of building which are open to the air on the sides.
3.77
PARK, PUBLIC, shall mean a park controlled or owned by the Municipality or a public
authority normally open to the public.
3.78
PARKING LOT, or AREA, shall mean an area used for the parking of vehicles and may
include aisles, parking spaces and related entrance and exit lanes, but shall not include
any part of a public street.
3.79
PARKING SPACE, shall mean an area two point six (2.6) metres by six (6) metres,
exclusive of aisles or driveways, enclosed in a building, or unenclosed, and set aside for
the temporary storage of a vehicle.
3.80
PERSON, shall include an individual, an association, a firm, a partnership or an
incorporated company, municipal corporation, agent or trustee and the heirs, executors,
administrators, successors and assigns or other legal representative of a person to whom
the context can apply according to law.
3.81
PERSONAL SERVICE SHOP, shall mean a building or part thereof in which services
are provided and administered to any individual or the personal needs of that individual
or the individual’s pets and without limiting the generality of the foregoing shall include
such things as barber shops, hairdressing establishments, shoe repair and shoe shining
shops, tailor shops, bakery shops, depots for collection and delivery of dry cleaning and
23
laundry, self-service dry cleaning and laundry establishments, pet grooming
establishments but not establishment that has the pets stay throughout the night.
(BY-LAW 12-1990)
3.82
PRIVATE ROAD, shall mean a right-of-way, existing on the day of passing of this Bylaw, which has not been dedicated as a street or accepted or assumed by the Corporation,
but is owned privately and which affords the principal means of access to abutting
separately owned, legally conveyable parcels of land.
3.83
PUBLIC AUTHORITY, shall mean any school board, public utility commission,
transportation commission, public library board, board of parks management, board of
health, board of commissioners of police or other board of commission or committee of
local authority established or exercising any power or authority under any general or
special Statute of Ontario with respect to any of the affairs or purposed of a municipality
or any portion thereof, and included any committees or local authority established by bylaw of the Municipality.
3.84
PUBLIC HALL, shall mean a building or part thereof where members of the public
gather together for the purpose of any meeting or entertainment whether or not an
admission fee is charged and whether or not such premises are rented or leased by any
organization for any such function. A “Public Hall” does not include a private club, a
fraternal organization, a theatre, a school or a church.
3.85
PUBLIC SERVICES, shall mean the buildings, structures and other related works,
necessary for supplying water, gas, oil, electricity, steam, hot water, tele-communication
services, sewage collection and treatment facilities.
3.85a) RESIDENTIAL CARE FACILITY, shall mean a residential complex that is occupied or
intended to be occupied by persons for the purpose of receiving housing and a range of
supportive care services. For the purposes of this paragraph, a residential care facility
shall include common dining and recreational space and amenities that assist occupants
with day to day living. A residential care facility shall not include:
i) a residence or facility primarily used for the temporary or permanent
occupancy by inmates, or adults placed on probation or released on parole;
ii) a residence or facility primarily used for the temporary or permanent
occupancy of transient or homeless persons;
iii) a residence or facility primarily for the treatment and rehabilitation of persons
who are addicted to drugs or alcohol.
3.86
RESIDENTIAL USE, shall mean the use of a building or structure or parts thereof as a
dwelling.
3.87
RESTAURANT, shall have the meaning attributed to it in the definition of Eating
Establishment.
24
3.88
REST HOME, shall mean a home for the aged or a rest home established and maintained
under the Homes for the Aged and Rest Homes Act.
3.89
RETAIL STORE, shall mean a building or part of a building where goods, wares,
merchandise, articles or things are offered or kept for sale at retail and includes storage
on or about the store premises of limited quantities of such goods, wares, merchandise,
articles or things sufficient only to service such store but doe not include any wholesale
business or business supply use or any establishment otherwise defined or classified
herein.
3.89a) RETIREMENT HOME, shall mean a residential building with central kitchen and
administrative facilities and a number of housekeeping units or rooms where senior
citizens reside.(By-law 21-1990)
3.90
RIGHT-OF-WAY, or EASEMENT, shall mean any right, liberty or privilege in, over,
along or under land, which the owner of one lot may have with respect to any other lot or
which the Municipality, any other governmental authority or agency, private company or
individual may have with respect to any land in the Town of Kingsville.
3.91
SALES AND SERVICE ESTABLISHMENT, shall mean a lot, building or structure
where the business of selling goods and materials is conducted and may include the
display, storage and sale of such goods and materials; the storage, display and sale of
related accessory goods and materials, and related offices, showrooms and sales rooms.
3.92
SANITARY SEWER, shall mean an adequate system of underground conduits, operated
either by a municipal corporation or by the Ministry of the Environment, which carries
sewage to an adequate place of treatment which meets the approval of the Ministry of the
Environment.
3.93
SCHOOL, shall mean an educational establishment under the jurisdiction of the Essex
County Board of Education, the Essex County Roman Catholic Separate School Board,
or a school operated under charter granted by the Province of Ontario.
3.94
SERVICE SHOP, shall mean any building or part thereof where appliances and
machinery are serviced, or repaired and includes a building trade establishment and
accessory retail uses but excludes any manufacturing, processing, or wholesaling.
3.95
SETBACK, shall mean the horizontal distance between the centerline of the road and
nearest part of any main wall of any building or structure, measured at right angles to
such centerline, and extending the full width of the lot.
3.96
SHOPPING CENTRE, shall mean a group of non-residential uses predominantly retail
and service commercial in nature and design, developed and managed as a unit by a
25
single owner or tenant, or group of owners or tenants, as opposed to a business area
comprising unrelated individual business uses.
3.97
SMALL ANIMAL VETERNIARY HOSPITAL OR CLINIC, shall mean a facility for
the veterinary care of dogs, cats and other household pets and includes provision for
overnight accommodation on the premises.
3.98
STOREY, shall mean that portion of a building:
a) which is situated between the surface of any floor and the ceiling above it; and
b) which is more than sixty percent (60%) above the average finished grade, and
(AMENDED BY BY-LAW 37-1987)
c) which has a height of not less than two (2) metres and includes an attic having not
less than two (2) metres headroom for at least fifty percent (50%) of the attic floor
area.
3.99
STREET or HIGHWAY or PUBLIC ROAD, shall mean a common and public street,
road, highway, or commons vested in the Municipality, the County, the Province of
Ontario or any other public authority having jurisdiction over the same and included a
bridge or any other structure forming part of a street on, over or across which a street
passes.
3.100 STRUCTURE, shall mean anything that is erected, built or constructed of parts joined
together and which is fixed to or supported by the soil, any other structure or both,
including permitted outside storage of goods and materials, but not a terrace, patio, sign
or fence.
3.101 SUPERMARKET, shall mean a retail store having at least 700 square metres of gross
floor area and in which the sales of a balanced line of groceries, bakery products, dairy
products, canned and/or frozen foods, prepared meats, fresh meats, fish and poultry, fresh
fruits and vegetables and other food lines from the dominant business activity and some
of which may be prepared, processed or packaged on the premises. In addition, limited
lines of non-food items may be carried including newspapers, magazines, paper products,
soft drinks, tobacco items, health and beauty aids, small housewares and similar
convenience goods.
3.102 SWIMMING POOL, PRIVATE OUTDOOR, shall mean a privately owned pool whether
or not in the ground, capable of being used for swimming, wading, diving or bathing and
which, when filled, is capable of containing a depth of 0.6 metres or more of water. For
the purpose of regulations pertaining to lot coverage in this By-law a “Private Outdoor
Swimming Pool” is deemed not to be a building or structure.
3.103 TAVERN, shall mean an establishment where alcoholic beverages are sold to be
consumed on the premises and shall include all such buildings operating under the Liquor
License Act, R.S.O. 1980, as amended.
26
3.104 TOP OF BANK, shall mean when used with reference to a watercourse, the highest
elevation of land which ordinarily confines the waters of such watercourse when they rise
out of the stream bed.
3.105 TRAILER, shall mean any vehicle so constructed that it is suitable for being attached to a
motor vehicle for the purpose of being drawn or propelled by a motor vehicle, or is selfpropelled, and capable of being used for temporary living, sleeping or eating
accommodation of persons therein for seasonal travel, recreation and vacation activity,
notwithstanding that such vehicle is jacked up or that its running gear is removed. This
definition shall include tent trailers, motor homes, truck campers, or similar transportable
accommodation but shall not include a mobile home as defined herein.
3.106 TRAILER PARK, shall have the meaning attributed to it in the definition of
Campground.
3.107 UNIT, when used in reference to a nursing home or rest home shall mean a room
providing sleeping accommodation for not more than four individuals. For the purposed
of this definition, a single room, double room or small ward with four (4) or fewer beds
shall each be considered one (1) unit.
3.108 USE, when used as a noun, shall mean the purpose for which any land, building or
structure is designed, arranged or intended to be occupied or used, or for which it is
occupied, used or maintained; when used as a verb, it shall have a corresponding
meaning.
3.109 WATERCOURSE, shall mean the natural channel for a stream of water and for the
purpose of this By-law includes any watercourses shown on Schedule “A”.
3.109(a) WINERY, shall mean a building or part of a building where wines are produced and
may include wine tasting, storage, display, retail and any associated outdoor patio area,
on-site dining facilities, processing and administrative facilities, a farm produce outlet, a
vineyard and uses normally incidental and accessory to the foregoing.
(ADDED BY BY-LAW 52-2011)
3.110 YARD, shall mean an open space on the same lot with a main building or structure,
unoccupied and unobstructed except as otherwise provided in the By-law. In determining
yard measurements the minimum horizontal distance between the main building or
structure and the respective lot lines measure perpendicular from the lot line shall be
used:
a) Front Yard shall mean a yard extending across the full width of a lot between the
front lot line and the nearest wall of the main building or structure on the lot;
b) Rear Yard shall mean a yard extending across the full width of a lot between the rear
lot line and the nearest wall of the main building or structure on the lot;
27
c) Side Yard shall mean a yard between the side wall of the main building or structure
on the lot and the side lot line and extending from the front yard (or front lot line if no
front yard is required) to the rear yard (or rear lot line if no rear yard is required);
d) Side Yard, Exterior shall mean a side yard which abuts the street on a corner lot.
3.111 ZONE, shall mean an area delineated on a Zoning Map Schedule and established and
designated by the By-law for a specific use or group of uses.
28
3.112 ZONING ADMINISTRATOR, shall mean the officer or employees of the Corporation
for the time being charged with the duty of enforcing the provisions of the Zoning Bylaw of the Corporation.
29
SECTION 4 ZONES AND ZONING MAPS
4.1
GENERAL
For the purpose of this By-law all the lands within the boundaries of the Municipality are
hereby divided into various zones to which the provision and regulations herein shall
respectively apply.
4.2
ESTABLISHMENT OF ZONES
For the purpose of this By-law the maps hereto attached as Schedule “A” shall be
referred to as the Zoning Maps for the Town of Kingsville and the Zoning Maps shall be
divided into the following zones and such zones are shown on the Zoning Maps by
symbols consisting of letters and numbers or letters only as the case may be, as listed
below:
ZONE
Residential Type One Zone
Residential Type One Holding Zone
Residential Type Two Zone
Residential Type Three Zone
Central Commercial Zone
Highway Commercial Zone
Highway Commercial Holding Zone
Shopping Centre Commercial Zone
Highway Commercial/Industrial Zone
Highway Commercial/Industrial
Holding Zone
Tourist Commercial Zone
Industrial Zone
Industrial Holding Zone
Institutional Zone
Recreational Zone
Watercourse
30
SYMBOL
R1
R1 (h)
R2
R3
C1
C2
C2 (h)
C3
C4
C4 (h)
C5
M1
M1 (h)
I
RE
WC
4.3
USE OF ZONE SYMBOLS
The symbols listed in subsection 4.2 shall be used to refer to land, buildings, and
structures and to the uses thereof permitted by this By-law in the said zones, and
whenever in this By-law the word “Zone” is used, preceded by any of the said symbols,
such zones shall mean any area within the Municipality delineated on the Zoning Maps
and designated thereon by the said symbol.
4.4
DEFINED AREAS
Certain areas within any of the various zones or within parts of more than one zone may
be more specifically regulated and such areas shall be known as “Defined Areas”. All
zones may be subdivided into one or more defined areas which shall be designated by
reference to the symbol of the zones within which each such defined area is located
together with an additional symbol- either letter, number, or both so as to differentiate
different defined areas within a zone from each other and from other areas within the
zone.
4.5
INCORPORATION OF ZONING MAPS
The location and boundaries of the zones and defined areas established by this By-law as
shown on the Zoning Maps hereto appended as Schedule “A” and map parts together
with everything shown thereon and all succeeding amendments thereto, are hereby
incorporated in and declared to form part of this By-law.
4.6
APPLICATION OF REGULATIONS
No person shall within any zone or defined area use any land or erect, build, construct,
reconstruct, relocate, excavate for, alter, add to, enlarge, extend or use any building or
structure, except in conformity with this By-law for the zone or defined area in which
such land, building, structure or use is located.
4.7
INTERPRETATION OF ZONE AND DEFINED AREAS BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the said zones
or defined areas as shown on the Zoning Maps, the following shall apply:
4.7.1
Unless otherwise shown, the boundary of the zones or defined area
boundaries as shown on the Zoning Maps are the centrelines of the road
allowance or lot lines and the projection thereof;
31
4.7.2
Where zone boundaries or defined area boundaries are indicated as
approximately following lot lines shown on a registered plan of
subdivision, such lot lines shall be deemed to be the said boundary;
4.7.3
Where zone boundaries or defined area boundaries are indicated as
approximately parallel to the street line and the distance from such street
line is not indicated, such zone boundaries or defined area boundaries
shall be construed as being parallel to such street line and the distance
therefrom shall be determined by the use of the scale shown on the Zoning
Maps;
4.7.4
Unless otherwise indicated, a street, private road, or electrical transmission
line right-of-way, or watercourse included on the Zoning Maps, is
included within the zone or defined area of the adjoining property on
either side thereof, and where such street, private road, right-of-way, or
watercourse serves as a boundary between two or more different zones,
defined areas or both, a line midway in such street, private road, right-ofway, or watercourse and extending in the general direction of the long
division thereof is considered the boundary between zones, defined areas,
or both, unless specifically indicated otherwise;
4.7.5
In the event a dedicated street, or right-of-way shown on the map is
closed, the property formerly in said street, or right-of-way shall be
included within the zone or defined area of the adjoining property on
either side of the said closed street, or right-of-way, and the zone
boundary or defined areas boundary shall be the former centreline of said
closed street, or right-of-way;
4.7.6
Where a zone or defined areas boundary is indicated as following the edge
of a watercourse, the boundary shall follow the top of the bank of such
watercourse and, in the event that the top of the bank of such watercourse
changes, the boundary shall be taken as having moved with the top of the
bank;
4.7.7
Where a zone or defined area boundary is indicated as following the
shoreline of Lake Erie, the boundary shall follow the water’s edge and, in
the event that the water’s edge changes, the boundary shall be taken as
having moved with the said water’s edge;
4.7.8
Where a defined area boundary appears to follow a zone boundary it shall
be taken as following such zone boundary;
32
4.7.9
Whenever it occurs, the corporate limit of the Municipality is the
boundary of the zone or defined area adjacent to it;
4.7.10 Where any setback is related to a zone or defined area boundary which has
moved under circumstances referred to in subsections 4.7.6 and 4.7.7 the
point or line of reference of such setback shall be taken as having
equally moved;
4.7.11 Where any zone boundary or defined area boundary is left uncertain after
application of the preceding provisions, then the boundary line shall be
determined according to the scale on the Zoning Maps in the office of the
Zoning Administrator or the Chief Building Official.
33
SECTION 5- GENERAL PROVISIONS
5.1
INTERPRETATION
5.1.1
General
Minimum Requirements
In interpreting and applying the provisions of this By-law, the said provisions are
held to be the minimum requirements for the promotion of the health, safety,
comfort, convenience, and general welfare of the inhabitants of the Municipality.
Except for those specifically stated as being maximum, any numerical figures in
this By-law shall be the minimum requirements.
Meaning of Use
Unless the context otherwise requires, the expression “use” (as a verb) or “to use”
in this By-law shall include anything done or permitted to be done by the owner
or occupant of any land, building, or structure, directly or indirectly or by or
through any trustee, tenant, servant, or agent, acting for or with the knowledge or
consent of such owner or occupant, for the purpose of making use of the said
land, building or structure.
Meaning of Shall
In this By-law, the word “shall” shall always be construed as mandatory.
Meaning of Building or Structure
A “building” or “structure” as defined herein shall include any part thereof.
Number and Gender
In this By-law, words imparting the singular number or the masculine gender only
shall include more persons, parties or things of the same kind than one, and
females as well as males, and the converse.
5.1.2
Special Use Regulations for Defined Areas
To each defined area within any zone there shall apply such special use
regulations as may be established by this By-law with respect to such defined area
and, in addition to such special use regulations, all provisions of this By-law
including the general regulations applicable to the zone within which the defined
area is located shall apply to the defined area; provided that, unless a contrary
intention appears from the special use regulations;
34
if the special use regulation are different from the corresponding regulations of
this By-law, including the general regulations of this By-law, including the
general regulations applicable to the zone within which the defined area is
located, the special regulations shall supersede and prevail over such
corresponding regulations of this By-law;
if the special use regulations establish one (1) or more specifically permitted uses
for the defined area, such permitted use or uses shall be the only purpose or
purposes for which the defined areas may be used; and
if the special use regulations specifically permit one (1) or more uses in addition
to those otherwise permitted in the zone within which the defined area is located,
any and all of the other special use regulations applicable to the defined areas
shall apply only to the additional permitted uses or uses and not to uses otherwise
permitted in the zone.
5.2
APPLICATION
The provisions of this section shall apply to all zones and defined areas except as may
otherwise be indicated.
5.3
STREET FRONTAGE REQUIRED
No person shall erect any building or structure unless the lot upon which such building or
structure is to be erected has lot frontage upon a street which has been assumed and
opened by the Municipality, the County, the Province of Ontario or some other road
authority, and is maintained by such authority in such a manner so as to permit its use by
vehicular traffic, provided that a building or structure may be erected upon a lot within a
registered plan of subdivision in accordance with the provisions of a Subdivision
Agreement entered into by the Municipality in respect of such plan of subdivision
notwithstanding that the streets within such plan of subdivision have not been assumed
and are not being maintained by the Municipality.
Notwithstanding the previous paragraph, for the purposes of this subsection, private roads
that existed on the date of adoption of this By-law that are in or about any Residential
zone shall be considered as streets despite the fact that such roads have not been assumed
by the Corporation. This provision shall only have effect for the purpose of applying
certain requirements and regulations of this By-law and no to the consideration and
granting of consents. The provision shall also not imply any obligation on the
Corporation to assume and/or develop any private road into a public street or to maintain
it for private or public purposes. (PARAGRAPH ADDED BY 32-1988)
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5.4
YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES
No part of a yard or other open space required around any building for the purpose of
complying with the provisions of this By-law shall be included as a part of a yard or other
open space similarly required for another building.
5.5
TEMPORARY CONSTRUCTION USES
The temporary use of buildings and structures incidental and necessary for construction
work (and such work is proceeding expeditiously) will be permitted in all zones and
defined areas, but only for so long as the same are necessary for construction work. Any
temporary construction use must be removed within 2 months of occupancy of the work
under construction, or within 2 months after construction work has ceased.
5.6
NON-COMPLIANCE WITH MINIMUM LOT OR YARD REQUIREMENTS
Where an existing building or structure is located on a lot having less than the minimum
frontage or area required by this By-law, or having less than the minimum setback, front
yard, side yard, rear yard, or floor areas required by this By-law, the said building or
structure may be enlarged, reconstructed, repaired, renovated or replaced provided that
the enlargement, reconstruction, repair, renovation or replacement of the existing
buildings or structures, or any part thereof, does not further increase any existing noncompliance and complies with the other setback and yard requirements of the applicable
zone. Notwithstanding the preceding, such enlargement, reconstruction, repair,
renovation or replacement shall not be allowed if the same results in the continuation of
an existing or the establishment of a new encroachment onto abutting property.
5.7
NON-CONFORMING USES
The provisions of this By-law shall not apply:
to prevent the use of any lot, building or structure for any purpose prohibited by this Bylaw if such lot, building or structure was lawfully used for such purpose on the date of
passing of this By-law, providing such use has been continuous since that date; or
to prevent the erection or use for a purpose prohibited by the By-law of any building or
structure, for which a permit has been issued under Section 5 of the Building Code Act
prior to the date of passing of this By-law, so long as the building or structure when
erected is used and continues to be used for the purpose for which it was erected and
provided the permit has not been revoked under Section 6 of the Building Code Act.
36
5.8
EXISTING LOTS
An existing lot having less than the minimum frontage or area required by this By-law
may be developed for all uses in the appropriate zone provided all other regulations of
this By-law are satisfied; and
such lot could have been legally conveyed on the date of passing of this By-law without
consent under Section 49 of the Planning Act, 1983, as amended from time to time; and
such lots are serviced by municipal piped water and sanitary sewage disposal facilities or
meet the requirements of the Metro Windsor-Essex County Health Unit where private
water supply and septic systems are required; and
such lots front on a public road.
5.9
PERMITTED ENCROACHMENTS IN YARDS
Every part of any yard required by this By-law shall be open and unobstructed from the
ground to the sky, by any part of the main building or structure provided however that the
structures listed in the following table shall be permitted to project into the requited yards
indicated for the distances specified:
Structure
Required Yard
In Which
Projection is
Permitted
Max. Projection
From Main Wall
Permitted
Sills, cornices,
eaves, gutters or
pilasters
Any yard
1 metre
Fire escapes and
exterior staircases
Rear yard only
1.5 metres
Window bays and
awnings
Front, rear and
side yard
1 metre
Balconies
Rear yard only for
single family,
semi-detached and
duplex dwellings; any
yard for apartment
buildings
2.5 metres
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5.10
Open, roofed
porches not
exceeding one (1)
storey in height;
uncovered terraces
Front and rear yards only
2.5 metres
including eaves
and cornices
Free-standing
outdoor furnace
and air condition
-ing units
Rear yards only
1.5 metres
Chimneys
Any yard
0.75 metres
PERMITTED PUBLIC USES
The provisions of this By-law shall not apply to the use of any land or to the erection or
use of any building or structure for the purpose of public service by Union Gas Limited,
any hydro electric commission including Ontario Hydro, the Corporation, any telephone
or telegraph company, any transportation system owned or operated by or for the
Corporation, any Department of the Federal or Provincial Government and any railway
company may, for the purpose of the public services and utility, use any land, or erect
any buildings or structure in any zone notwithstanding that such building or structure or
proposed use does not conform to the provisions of this by-law for such zone; provided,
however, that
such use shall not include a business office in any zone in which offices are not listed as a
permitted use;
such use, building or structure shall comply with all height, yard, and other requirements
prescribed for the zone in which it is located;
such uses shall not be subject to the lot area requirements for the zone in which they are
located;
there shall be no open storage of goods, materials or equipment;
any building erected or used under the provisions of this section shall be designed,
maintained and used in a manner compatible with buildings of the type permitted in said
zone.
Any land may be used as a street and within the limits of any street a watermain, sanitary
sewer main, storm sewer main, gas main, pipeline or overhead or underground television,
hydro, telephone or other supply line or communication line may be installed.
38
5.11
PROHIBTED USES
a)
It shall be prohibited to use any land or to erect and use any building or other
structure in any zone or defined area for the purpose of wrecking yards, automobile
salvage yards, a waste disposal site or processing facility including a
site for the
treatment and disposal of liquid industrial waste, hazardous waste or any other waste
which requires special treatment, a quarry, the collection of
junk, refuse, scrap
iron, or other scrap metals unless such uses are specifically listed as permitted uses within
a particular zone or defined area.
b)
The keeping of derelict automobiles, defined as any automobile that does not have
a current license, is prohibited, unless specifically listed as a permitted use within
a particular zone or defined area.
c)
5.12
Uses not listed as permitted uses in a zone or defined area in this By-law shall be
prohibited in such zone or defined area.
NUMBER OF BUILDINGS PER LOT
Not more than one (1) main building may be erected on any lot; provided however that
this provision shall not apply to any recreational zone, institutional zone or medium or
high density residential zone for the development of other than single family dwellings.
5.13
MOBILE HOMES
Mobile homes shall be prohibited within the Municipality except where specifically listed
as permitted uses within a particular zone or defined area.
5.14
TRUCK, BUS AND COACH BODIES, TRAILERS OR TENTS USED FOR HUMAN
HABITATION
No truck, bus, coach, trailer or tent shall be used for human habitation within the
Municipality whether or not the same is mounted on wheels.
5.15
OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS
No new buildings shall be occupied before the main side walls and roof have been
erected and the external siding and roofing have been completed, at least one (1) sanitary
convenience group is installed with a door, safety railings are installed and vapour
barriers are in place, and where applicable, kitchen and heating facilities have been
installed and an occupancy permit has been issued by the Chief Building Official. Any
dwelling unit in an apartment building may be occupied provided that all of the above
39
conditions are satisfied notwithstanding the fact that one (1) or more of the dwelling units
in the building has not yet been completed.
5.16
SIGHT VISIBILITY TRIANGLES
a)
At Road Intersections
Notwithstanding any other provisions of this By-law, within the triangular space included
between the street lines for a distance of seven (7) metres from the point of intersection,
no building or structure including a fence or sign shall be erected and no shrubs or foliage
shall be planted or maintained which obstruct the view of a driver of a vehicle
approaching the intersection above a height of point 5 (0.5) metres above the centreline
grade of the intersecting streets.
b)
At Railway Grade Crossings
In all zones, on a lot abutting a railway where the railway and a street intersect at the
same grade, no building or structure including a fence or sign shall be erected and no
shrubs shall be planted or maintained, which obstruct the view of a driver of a vehicle
approaching the intersection, above a height of point five (0.5) metres above the
centreline grade of the intersecting street in the triangular centreline grade of the
intersecting street in the area bounded by the right-of-way limit of the railway and the
street line and a line from the points along such right-of-way limit and such street line
distant fifty (50) metres from the point of the intersection thereof.
5.17
HEIGHT
The height regulations shall not apply to any ornamental dome, chimney, tower, barn,
cupola, steeple, church spire, water storage tank, elevator enclosure, flag pole, television
or radio antennae, skylight, ventilator, electrical apparatus, solar energy collection device,
or a structure which encloses the mechanical equipment required for the operation of
such building or structure.
5.18
PARKING OF COMMERCIAL MOTOR VEHICLES IN RESIDENTIAL ZONES
The parking of commercial motor vehicles is prohibited in residential zones except that
the owner or occupant of any lot, building or structure in any residential zone may park
not more than one (1) home service truck with a capacity not to exceed ¾ metric tone on
the premises; or may use any private garage of which he is the owner or occupant, for the
housing or storage of one (1) commercial motor vehicle, operated by himself, provided
such use is for housing or storage only and such commercial motor vehicle is not used in
connection with any business or other use on the premises which is prohibited by the Bylaw in any such residential zone.
40
5.19
ACCESSORY USES
Accessory buildings, structures or uses, are permitted in any yard, in any zone, subject to
the provisions of this By-law for the particular zone in which said building, structure or
use is located, and provided that:
5.19.1 Private garages and other accessory buildings, structures or uses:
a)
shall not be used for human habitation, except where a dwelling unit is a
permitted accessory use;
b)
shall not be built closer to the front lot line than the minimum distance
required by this By-law for the main building on the lot;
c)
shall not be located in the required exterior side yard in the case of a
corner lot;
d)
shall not be built closer than one (1) metre to any lot line except that
common semi-detached private garages or carports may be centered on
a mutual side lot line;
e)
shall not exceed fifteen (15) percent coverage of the total lot area in all
zones;
f)
shall not exceed four and one-half (4.5) metres in height, or contain
more than one (1) storey;
g)
shall not be built within one (1) metre of the main building;
h)
shall not be considered as an accessory building if attached to the main
building in any way.
5.19.2 Private outdoor 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:
a)
shall only be permitted in the rear or side yards of the lot;
b)
the height of the pool shall be a maximum of 1.5 metres above the
average finished grade level of the adjoining ground within four (4)
metres of the pool;
c)
shall not be located within one and one-half (1.5) metres of an interior
side or rear lot line or four and one-half (4.5) metres of an exterior side
lot line;
41
5.20
d)
shall not have water circulating or treatment equipment such as pumps
or filters located closer than three (3) metres to any side or rear lot line;
e)
shall not be included in determining lot coverage;
f)
shall be fenced in accordance with the Municipality’s fence by-law.
SERVICING REQUIREMENTS FOR ALL DEVELOPMENT
No person shall use any lot or erect, alter or use any building or structure in any zone or
defined area within the Town of Kingsville unless such land, building or structure is
serviced with municipal water and municipal sanitary sewers or some other sewage and
water system s satisfactory to the Ministry of the Environment or its designated agent.
5.21
PARKING REQUIREMENTS
For every building or structure to be erected, altered or its use converted to any of the
uses specified in the following table, off-street parking facilities shall be provided and
maintained upon the same lot on which the main use is located and in accordance with
the following provisions unless otherwise specifically provided in this By-law:
Type of Building
Minimum Parking Required
5.21.1
Each dwelling unit
in a single family
detached, converted,
semi-detached or
duplex dwelling
One (1) parking space
5.21.2
Each dwelling in a
spaces
multiple dwelling,
maisonette, row house,
apartment, or a building
containing both commercial
and residential uses
One and one quarter (1.25) parking
5.21.3
An office
One (1) parking space for every 28
square metres of commercial floor
space in the building
42
5.21.4
Auditorium, arena,
Where there are fixed seats, one (1)
parking hall, restaurant, theatre,
space for every five (5) seats or three
(3) club, stadium and other metres of
bench space of its maximum places
of assembly seating capacity. Where
there are no fixed seats, one (1)
parking space for every 9 square
metres of floor area devoted to
public use
5.21.5
Nursing home, rest
home or other similar
facility
One (1) parking space for every two
(2) beds
5.21.6
Elementary Public
and Separate Schools
One (1) parking space for every staff
member
5.21.7
High Schools
One (1) parking space for every staff
member plus two (2) parking spaces
per classroom for student parking
5.21.8
Libraries
Minimum ten (10) parking spaces or
one (1) space for every 93 square
metres of building floor area,
whichever is greater
5.21.9
Government Buildings
One (1) parking space for each four
(4)employees plus a parking area for
Visitors with a minimum capacity of
ten (10) parking spaces or one (1)
pace for every 280 square metres of
building floor area, whichever is
greater
5.21.10
Hotels, motels and
One (1) parking space for each guest
room taverns or motel suite plus one
(1) parking space for every 10
square metres of floor area of the
building devoted to public use
5.21.11
Rooming Houses and
One (1) parking space for every two
(2) Boarding Houses rooms rented to
roomers or boarders
43
5.21.12
Funeral Homes
One (1) parking space for each five
(5)seats of chapel capacity with a
minimum of ten (10) parking spaces
5.21.13
Animal Clinics
square metres of floor area in the
building
5.21.14
Bowling Alleys and
One (1) parking space for each two
(2) Curling Rinks persons in the
designed capacity of the
establishment (designed capacity
shall mean six (6) persons per
bowling lane, and eight (8) persons
per curling sheet in addition to the
requirements for the other parts of
the building. Parking spaces shall
be provided for other parts of the
building in accordance with the
requirements set out in this By-law
for the use to which the said other
parts of the building may be used
5.21.15
Industrial
square establishments metres of
building floor area
5.21.16
Church
One (1) parking space for every ten
(10) seats or six (6) metres of bench
space of its maximum seating
capacity
5.21.17
Any commercial use
square except those uses metres of
commercial floor area of the
specifically listed of the building
elsewhere in this section
5.21.18
All other uses
square metres of floor area
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5.22
STANDARDS FOR PARKING AREAS
Where in this By-law parking areas are required or permitted the following standards hall
apply:
5.23
a)
when a building or lot accommodated more than one (1) use or purpose, the
required parking spaces shall be the sum of the required parking spaces for the
separate uses or purposes. Parking facilities for one (1) use shall not be
considered as providing required parking for any other use;
b)
if calculation of the required parking spaces results in a fraction, the required
parking spaces shall be the next highest whole number;
c)
the parking area and its approaches shall be surfaced with concrete, asphalt,
crushed stone, gravel, or a combination therefore with a stable surface treated
to prevent the raising of dust or loose particles;
d)
the lights used for illumination of parking areas shall be so arranged as to divert
the light away from adjacent lots;
e)
additional requirements for parking areas will be determined through the use of
site plan control.
LOADING SPACES
No person shall erect or use any building or structure with a total floor area greater than
three hundred (300) square metres in any zone for any commercial or industrial purpose
involving the movement of goods or persons unless loading spaces are provided and
maintained in accordance with the following provisions:
a)
one (1) loading space shall be required for every two thousand (2,000) square
metres or fraction thereof of the total floor area;
b)
said loading space shall be not less than three and one-half (3.5) metres by
thirteen and one-half (13.5) metres;
c)
said loading space shall have not less than four (4) metres in height for
clearance;
d)
not more than three (3) loading spaces shall be required in any loading area;
e)
there shall be sufficient driveway space to permit maneuvering of vehicles on
the lot so that they do not cause an obstruction or a hazardous condition on
adjacent streets.
45
5.24
STANDARDS FOR LOADING SPACES
Where in this By-law loading spaces are required or permitted:
5.25
a)
adequate drainage facilities shall be provided and maintained in accordance
with the requirements of the Municipality;
b)
the loading space and approaches shall be maintained with a stable surface
that is treated to prevent the raising of dust and loose particles;
c)
the lights used for illumination of the loading spaces shall be so arranged as to
divert the light away from adjacent lots;
d)
and where the lot has access at both the front and rear to a road or lane, said
loading spaces shall be located in the rear yard;
e)
additional requirements for loading spaces will be determined through the use
of site plan control.
CONFORMITY WITH EXISTING SETBACKS
Notwithstanding any other provisions of this By-law, in any zone, where a building is
erected on a lot between existing buildings on lots whose lot lines are not more than
forty-five (45) metres apart and within the same block and fronting on the same street,
the minimum front yard setback may be equal to the average setback of the adjacent
buildings, provided that this depth is not less than (3) metres from the front lot line.
5.26
LANDSCAPING
All landscaping requirements for new commercial, industrial, recreational and
institutional development shall be as required in the corresponding site plan agreement.
5.27
TRAILER OR BOAT STORAGE
In any Residential Zone, the owner or occupant of any lot shall not store any boat, tourist
trailer or other similar vehicle in any front yard. Such vehicles may be stored in any rear
or side yard behind or beside the main building.
46
5.28
SETBACKS FROM WATERCOURSES AND MUNICIPAL DRAINS
No part of any building or structure other than an accessory building or structure or a
fence, shall hereafter be erected in any zone or defined area closer than fifteen (15)
metres to the top
of bank of a watercourse or municipal drain measured horizontally
along a line perpendicular to a line drawn along the top of bank, or in the case where a
drain may be covered as authorized by the Council, the Drainage Superintendent or a
Municipal Engineer, the minimum setback shall be three (3) metres from the centreline
of the drain.
5.29
LAKE ERIE FLOOD PROTECTION MEASURES
Notwithstanding any other provisions of this By-law to the contrary, no part of any
building or structure, other than a fence, hedge or shoreline protection works shall be
erected in any zone or defined area:
5.30
i)
within fifty-three (53) metres of the water’s edge of Lake Erie where erosion
facilities and shore protection works described below have not been
constructed and are required in the opinion of a qualified professional engineer.
The lowest opening of any building or structure erected in an area that is
unprotected, as described above, shall be one hundred and seventy-six point
fifty-four (176.54) metres C.G.D.
ii)
within seven point five (7.5) metres of the water’s side of the erosion facility or
the shoreline protection works where adequate erosion facilities and shore
protection works as designed or approved by a qualified professional engineer
have been constructed or are not required in the opinion of the engineer. The
lowest opening of any building or structure erected in a protected area, as
described above, shall be one-hundred and seventy-six point eighteen (176.18)
metres C.G.D.
FLOODPLAIN DEVELOPMENT CONTROL AREA
Notwithstanding any other provisions of this By-law, no building or structure or part
thereof shall be erected, enlarged or reconstructed in a Floodplain Development Control
Area as depicted on Schedule “A” without a permit issued by the Essex Region
Conservation Authority pursuant to Ontario Regulations No. 730-82, as amended or
revised, or without a letter from the Essex Region Conservation Authority stating that a
permit is unnecessary.
47
5.31
SIGNS AND FENCES
All signs and fences shall be in accordance with the Municipality’s sign and fence bylaws passed under the authority of the Municipal Act, R.S.O. 1980.
5.32
THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one street, the setback
and front yard requirements contained herein shall apply on each street in accordance
with the provisions of the zone in which such lot is located.
5.33
RESIDENTIAL USES IN NON-RESIDENTIAL ZONES
Notwithstanding any other provisions of this By-law to the contrary, nothing in this Bylaw shall apply to prevent the alternation of a dwelling unit or accessory building or
structure existing atthe date of passing of this By-law in any non-residential zone
provided that the number of dwelling units is not increased and provided further that such
alteration does not contravene any of the provisions of this By-law for such use in the
Residential (R1) Zone.
5.34
SEPARATION OF DWELLINGS FROM RAILWAYS
No dwelling shall be erected closer than 28 metres to the right-of-way of any railway and
a planting area shall be provided between a dwelling and any such right-of-way; provided
however than this requirement shall not apply to any lawfully existing dwelling or to an
abutting vacant lot in a Residential zone having such dimensions that the application of
such setback would prevent the construction of a dwelling thereon.
5.35
MAINTENANCE OF STREET WIDTHS
Notwithstanding any provision of this By-law to the contrary, no part of any new
building or structure or any addition to an existing building or structure shall be erected
closer than 10 metres to the centerline of the following streets:
i)
ii)
iii)
iv)
v)
vi)
Main Street from 30 metres west of the centerline of Queen Street to Spruce
Street.
Division Street from Mill Street to 90 metres north of the centerline of Pulford
Street,
Mill Street from Division Street to Spruce Street,
Pearl Street from 30 metres west of centerline of Queen Street to Beech Street,
Beech Street,
King Street,
48
vii)
viii)
ix)
x)
xi)
5.36
Walnut Street from Chestnut Street to 105 metres west of the centerline of
Chestnut Street,
Spruce Street from Mill Street to Beech Street,
Queen Street from Pearl Street to Main Street,
Chestnut Street,
Water Street from Division Street to 90 metres south-west of the west limit of
Division Street.
TEMPORARY REAL ESTATE OFFICES
Where in any Residential or Commercial zone new development is under construction, a
temporary real estate sales and/or rental office is a permitted use provided that such use
shall be limited to a period of six (6) calendar months following the date of completion of
the building in which such sales and/or rental office is located.
5.37
ADULT ENTERTAINMENT PARLOURS
Notwithstanding any other requirement of this By-law to the contrary, an adult
entertainment parlour, as defined herein, shall not be permitted, either as a main use or as
an accessory use, in any zone.(New by By-law 4-1991)
49
SECTION 6 RESIDENTIAL TYPE ONE (R1) ZONE REGULATIONS
6.1
GENERAL USE REGULATIONS
Within the R1 zone, no person shall use any lot or erect, alter or use any building or structure
except in accordance with the following regulations;
6.1.1 PERMITTED USES
(a)
single family detached dwellings;
(b)
existing duplexes and triplexes;
(c)
group home dwellings in accordance with subsection 6.2.1 of this by-law;
(d)
one home occupation per dwelling in accordance with subsection 6.2.2 of this bylaw;
(e)
accessory uses to the above permitted uses.
6.1.2 PERMITTED BUILDINGS AND OTHER STRUCTURES
(a)
one single family detached dwelling or one group home dwelling on one lot;
(b)
buildings and structures for the permitted uses.
6.1.3 ZONE PROVISIONS
(a)
Minimum Lot Dimensions (1 metre = 3.28 feet)
(i) Area
560 square metres
(ii) Frontage
15 metres
(b)
Maximum Lot Coverage
35% (incl. accessory
buildings)
(c)
Minimum Yard Dimensions For Main Buildings
(see subsection 5.19 for accessory building provisions)
(i) Front
4.5 metres
(ii) Rear
7.5 metres
(iii) Interior Side Yard
1.5 metres
50
6.2
(iv) Exterior Side
4.5 metres
(d)
Maximum Height Of Buildings & Structures
10 metres
(e)
Minimum Floor Area
90 square metres for a 1
storey single family detached
dwelling or 65 square metres
for the first storey of any
single family detached
dwelling that is other than 1
storey.
(BY BY-LAW 37-1987)
SPECIFIC USE REGULATIONS
In addition to the general regulations outlined in subsection 6.1 above, the following
additional regulations shall apply to certain specific uses permitted in subsection 6.1.1.
6.2.1 REGULATIONS FOR GROUP HOME DWELLINGS
No single family detached dwelling shall be used as a group home dwelling, and no new
group home dwelling shall be constructed if such group home dwelling is to be located
closer than 300 metres to any existing group home dwelling.
6.2.2 REGULATIONS FOR HOME OCCUPATIONS
Home occupations shall only be permitted if in accordance with the following
provisions:
(a)
any and all parts of the home occupation shall be confined in the dwelling unit
including an attached garage;
(b)
there shall not be any external storage of materials or containers;
(c)
there shall be only members of the family residing in the dwelling unit engaged in
the business;
(d)
the home occupation shall not change the residential character of the dwelling or
create or become a public nuisance particularly in regard to noise, traffic or
parking;
(e)
there shall not be any use of mechanical equipment that would result in any undue
noise, fumes, dust or odour escaping to any adjoining premises;
51
6.3
(f)
the area used for the home occupation shall not occupy more than thirty five
percent (35%) of the floor area of the dwelling unit and shall not exceed thirty
square metres (30 m2) in area;
(g)
any signs used to advertise the home occupation shall be in accordance with the
Municipality’s sign by-law.
EXCEPTIONS
The special regulations contained in this subsection (6.3) shall apply to the area or areas
defined below:
6.3.1 DEFINED AREA R1-1 as shown on Schedule “A” Map 1 of this By-Law.
(a)
Permitted Uses
Professional offices, personal service shops, retail establishments, financial
institutions, small animal veterinary clinics and teaching studios or the uses
permitted in the R1 zone as indicated in subsection 6.1.1 of this By-Law.
(b)
Permitted Buildings and Structures
Only the existing buildings and structures or the buildings and structures for the
permitted uses in subsection 6.1.1 of this By-Law.
(c)
Zone Provisions
All lot and building requirements for the existing buildings and structures shall be
as they existed on the date and passing of this By-Law. All lot and building
requirements for the uses permitted in subsection 6.1.1 of this By-Law, except
existing single family dwellings and accessory buildings, shall be in accordance
with subsection 6.1.3 and 6.2 of this By-Law.
6.3.2 DEFINED AREA R1-2 as shown on Schedule “A” Map 1 of this By-law.
(a)
Permitted Uses
A radio and television sales and service establishment in addition to the uses
(b)
Only the existing buildings and structures used for the sales and service
establishment or the buildings and structures for the permitted uses in subsection
6.1.1 of this By-Law.
52
(c)
Zone Provisions
with subsections 6.1.3 and 6.2 of this By-Law.
(a)
Permitted Uses
One office in addition to the uses permitted in the R1 zone as indicated in
subsection 6.1.1 of this By-Law.
(b)
Only the existing buildings and structures used for the office and the buildings
and structures for the permitted uses in subsection 6.1.1 of this By-Law.
(c)
Zone Provisions
with subsection 6.1.3 and 6.2 of this By-Law.
(a)
Permitted Uses
One duplex and one antique shop in addition to the uses permitted in the R1 zone
as indicated in subsection 6.1.1 of this By-Law.
(b)
Only the existing buildings and structures and the buildings and structures for the
(c)
Zone Provisions
as they existed on the date of passing of this By-Law. All lot and building
53
(a)
Permitted Uses
One duplex in addition to the uses permitted in the R1 zone as indicated in
(b)
Only the existing buildings and structures and the buildings and structures for the
(c)
Zone Provisions
existing single family dwellings and accessory buildings shall be in accordance
6.3.6 DELETED BY BY-LAW 9-1996
6.3.7 DELETED AS PER BY-LAW 15-1989
(a)
Permitted Uses
One florist shop in addition to the uses permitted in the R1 zone as indicated in
(b)
The existing buildings and structures in addition to the buildings and structures
for the permitted uses in subsection 6.1.1 of this By-Law.
(c)
Zone Provisions
54
(a)
Permitted Uses
A greenhouse operation with a maximum lot coverage of seventy-five percent
(75%) in addition to the uses permitted in the R1 zone as indicated in subsection
6.1.1 of this By-Law.
(b)
Buildings and structures for the greenhouse operation in addition to the buildings
(c)
Zone Provisions
All lot and building requirements for the greenhouse operation shall be in
accordance with subsections 6.1.3 and 6.2 of this By-Law except that the
maximum lot coverage shall be seventy-five percent (75%). All lot and building
requirements for the buildings and structures for the uses permitted in subsection
6.1.1 shall be in accordance with subsections 6.1.3 and 6.2 of this By-Law except
that the minimum lot area and frontage shall be as existing on the date of passing
of this By-Law and the setback requirement from County Road 50 shall be 29
metres.
(a)
Permitted Uses
The uses permitted in the R1 zone as indicated in subsection 6.1.1 of this ByLaw.
(b)
The buildings and structures for the permitted uses in subsection 6.1.1 of this
By-Law.
(c)
Zone Provisions
All lot and building requirements for the permitted buildings and structures shall
be in accordance with subsections 6.1.3 and 6.2 of this By-Law except that the
setback requirement from County Rd 50 shall be 29 metres..
55
6.3.11 DEFINED AREA R1-11 as shown on Map 4, Schedule “A” of this By-law.
(NEW BY BY-LAW 24-1998)
(a)
Permitted Uses
Residential uses;
Only one home occupation per dwelling unit in accordance with subsection 8.2.2
of this By-law;
Accessory uses to the above permitted uses.
(b)
Permitted Buildings and Other Structures
One single unit detached dwelling per lot; and
Buildings and structures accessory to the permitted uses in accordance with
subsection 5.19 of this By-law.
(c)
Zone Provisions
be in accordance with the following:
i)
Minimum Lot Area
420 square metres
ii)
Minimum Lot Frontage
15 metres
iii)
iv)
Minimum Front Yard
35 percent (includes
accessory buildings)
2.8 metres
v)
Minimum Rear Yard
7.5 metres
vi)
Minimum Interior Side Yard
0.4 metres
vii)
Minimum Exterior Side Yard
4.5 metres
viii)
Maximum Height of Buildings and
Structures (see subsection 5.17 for
exceptions)
10 metres
56
(a)
Permitted Uses
A medical office in addition to the uses permitted in the R1 zone as indicated in
(b)
The existing buildings and structures or the buildings and structures for the
(c)
Zone Provisions
(a)
Permitted Uses
A funeral home and an accessory dwelling unit or the uses permitted in the R1
zone as indicated in subsection 6.1.1 of this By-Law.
(b)
(c)
Zone Provisions
requirements for the uses permitted in subsection 6.1.1 of this By-Law shall be in
accordance with subsections 6.1.3 and 6.2 of this By-Law.
(a)
Permitted Uses
Retail stores, personal service shops, offices, banks and financial institutions or
the uses permitted in the R1 zone as indicated in subsection 6.1.1 of this By-Law..
57
(b)
The existing building or the buildings and structures for the permitted uses in
(c)
Zone Provisions
All lot and building requirements for the existing building shall be as they existed
on the date of passing of this By-Law. All lot and building requirements for the
uses permitted in subsection 6.1.1 of this By-Law, except existing single family
dwellings and accessory buildings shall be in accordance with subsections 6.1.3
and 6.2 of this By-Law.
(a)
Permitted Uses
A variety store and an accessory dwelling unit or the uses permitted in the R1
zone as indicated in subsection 6.1.1 of this By-Law.
(b)
(c)
Zone Provisions
requirements for the uses permitted in subsection 6.1.1 of this By-Law shall be in
accordance with subsections 6.1.3 and 6.2 of this By-Law.
6.3.16 DELETED PER BY-LAW 17-1989
(a)
Permitted Uses
The existing single family dwellings and uses accessory to single family
dwellings only.
(b)
Buildings and structures for the permitted uses.
58
(c)
Zone Provisions
All lot and building requirements for the existing single family dwellings shall be
in accordance with subsection 6.1.3 and 6.2 of this By-Law. All lot and building
requirements for the accessory buildings and structures shall be in accordance
with subsection 5.19 of this By-Law.
6.3.18 DELETED AS PER BY-LAW 33-2008
(a)
Permitted Uses
A dental office and accessory uses only.
(b)
(c)
Zone Provisions
All lot and building requirements shall be in accordance with the following:
(i)
Minimum Lot Area
1000 square metres
(ii)
24 metres
(iii)
35 %
(iv)
Minimum Front Yard
5 metres
(v)
Minimum Rear Yard
20 metres
(vi)
4.5 metres
(vii)
2.2 metres
(viii) Maximum Height of Buildings
and Structures (see subsection 5.17
for exceptions)
(d)
10 metres
Parking Requirements
Notwithstanding any other provisions of this By-Law to the contrary, a minimum
of 12 parking spaces shall be provided on land zoned R1-19.
59
(a)
Permitted Uses
A professional office, excluding medical offices and accessory uses, or the uses
(b)
Only existing buildings and structures for the professional office or the buildings
(c)
Zone Provisions
All lot and building requirements shall be in accordance with subsections 6.1.3
and 6.2 of this By-Law.
(d)
Other Requirements
Notwithstanding any other provisions of this By-Law to the contrary, a minimum
of 6 parking spaces shall be provided in association with the professional office
use.
(a)
Permitted Uses
A professional office and accessory uses or the uses permitted in the R1 zone as
indicated in subsection 6.1.1 of this By-Law.
(b)
Only existing buildings and structures used for the office or the buildings and
structures for the permitted uses in subsection 6.1.1 of this By-Law.
(c)
Zone Provisions
60
6.3.22 DEFINED AREA R1-22 as shown on Schedule “A” Map of this By-Law.
6.3.23 DEFINED AREA R1-23 as shown on Map 11, Schedule “A” of this By-law
(a)
Permitted Uses
Residential uses;
Only one home occupation per dwelling unit in accordance with subsection 6.2.2
of this By-law;
(b)
One semi-detached dwelling per lot; and
(c)
Zone Provisions
Semi-Detached Dwelling
i)
Minimum Lot Area
300 square metres
ii)
75 metres
iii)
accessory buildings
and structures)
iv)
Minimum Landscaped
Open Space
35 percent
v)
Maximum Building Height
10.6 metres
vi)
Minimum Front Yard
4.8 metres
vii)
2.4 metres
viii)
Rear Yard
7.6 metres
61
(d)
Other Provisions
All other provisions applying to lands zoned R1 shall also apply to lands zoned
R1-23.
(a)
Permitted Uses
A parking lot or the uses permitted in the R1 zone as indicated in subsection 6.1.1
of this By-law.
(b)
The buildings and structures for the permitted uses in subsection 6.1.1 of this
by-law.
(c)
Zone Provisions
be in accordance with subsections 6.1.3 and 6.2 of this By-law.
(d)
Other Provisions
Notwithstanding any other provisions of this By-law to the contrary, the minimum
length of a parking space within the R1-24 zone shall be 5.4 metres.
Permitted Uses
Residential uses;
Only one home occupation per dwelling unit I accordance with subsection 6.2.2
of this By-law;
One single unit detached dwelling per lot; or
One semi-detached dwelling per lot; or
62
One two unit dwelling per lot; and
Zone Provisions
Zone Provision
Single Unit
Detached
Dwelling
800 square
metres
20 metres
SemiDetached
Dwelling
400 square
metres per unit
10 metres per
unit
Two Unit
Dwelling
35 percent
(includes
accessory)
50 percent
40 percent
(includes
accessory)
35 percent
35 percent
(includes
accessory)
45 percent
10.6 metres
10.6 metres
10.6 metres
i)
Minimum Lot Area
ii)
Minimum Lot
Frontage
iii)
Maximum Lot
Coverage
iv)
Minimum
Landscaped Open
Space
v)
Maximum Building
Height
vi)
Minimum Front Yard 4.5 metres
4.5 metres
4.5 metres
vii)
Minimum Interior
Side Yard
1.5 metres
except where
there is a
common wall
there is no side
yard
requirement
1.5 metres or
where there is
no attached
garage, 3
metres on one
side and 1.5
metres on the
other side
7.5 metres
viii) Minimum Rear Yard
1.5 metres or
where there is
no attached
garage, 3
metres on one
side and 1.5
metres on the
other side
7.5 metres
7.5 metres
800 square
metres
20 metres
Other Provisions
R1-25.
63
a)
b)
c)
Permitted Uses
i)
Residential uses;
ii)
Only one home occupation per dwelling unit in accordance with
subsection 8.2.2 of this By-law;
iii)
i)
ii)
Buildings and structures accessory to the permitted uses in accordance
with subsection 5.19 of this By-law.
Zone Provisions
i)
Minimum Lot Area
290 square metres
ii)
13.8 metres
iii)
iv)
Minimum Front Yard
4.5 metres
v)
Minimum Rear Yard
2 metres
vi)
1.5 metres
vii)
exceptions)
10 metres
64
(BY-LAW 23-1998)
a)
b)
c)
Permitted Uses
i)
Residential uses;
ii)
subsection 8.2.2 of this By-law.
iii)
i)
ii)
Zone Provisions
be in accordance with subsection 6.1.3 and 6.2 of this By-law, except that the
minimum lot area shall be 500 square metres and the minimum lot frontage shall
be 14 metres.
(BY-LAW 13-2001)
a)
b)
Permitted Uses
i)
Residential uses;
ii)
An inn, an assembly hall, a banquet facility and a gift shop;
iii)
i)
One single unit detached dwelling; and
ii)
One dwelling unit above a garage; and
iii)
Buildings and structures for the uses permitted in subsection 6.3.28 a) ii)
of this By-law; and
65
iv)
c)
Zone Provisions
be in accordance with subsections 6.1.3 and 6.2 of this By-law except that an inn,
an assembly hall and a banquet facility shall have minimum front, rear, interior
side and exterior side yard dimensions of 15 metres or greater except where
established otherwise in the associated site plan agreement.
6.3.29 DEFINED AREA R1-29, as shown on Map 11, Schedule “A” of this By-law.
(BY-LAW 67-2008)
a)
Permitted Uses
Personal Service & Repair Shops
Contractor’s or Tradesman’s Indoor Shop
Contractor’s or Tradesman’s Office
Contractor’s or Tradesman’s Display & Retail Location
b)
c)
Zone Provisions
All lot requirements shall be in accordance with subsection 6.1.3 of this By-law.
10 metres
As per subsection 5.21
No parking of heavy construction
equipment on site
Outside Storage
No outside storage of goods or
Materials.
All other building requirements for permitted structures shall be in accordance
with the approved site plan.
66
6.3.30 DEFINED AREA R1-30(Remark & Main-Noah Homes) as shown on Map 3, Schedule
“A” of this By-law.
(BY-LAW 110-2006)
a)
Permitted uses
Professional Office
Personal Service Shop
Accessory uses.
b)
Buildings and Structures for the permitted uses.
c)
Zone Provisions
All lot and building requirements for the buildings and structures permitted in
subsection 6.3.30 a) shall be in accordance with the approved site plan.
d)
Other Provisions
The development of the lands zoned R1-30 shall be subject to site plan control
and is required to be in accordance with the corresponding site plan agreement.
6.3.30a)DEFINED AREA R1-30 (N/S Stewart St.) as shown on Map 7 Schedule “A” of this
By-law.
(BY-LAW 152-2008)
a)
Permitted Uses
Residential Uses;
b)
Single Detached Dwelling Unit;
Semi Detached Dwelling Unit.
c)
Zone Provisions
All lot and building requirements shall be in accordance with the following table:
67
Zone Provisions
Single Unit Detached
Dwelling
Semi-detached
Dwelling
i)
Minimum Lot Area
560 square metres
500 metres per unit
ii)
15 metres
12.5 metres per unit
iii)
Maxim um Lot Coverage
iv)
v)
vi)
35 percent (including
accessory structures)
10 metres
Minimum Front Yard
4.5 metres
Minimum Interior Side Yard 1.5 metres
vii) Minimum Rear Yard
d)
7.5 metres
35 % (including
accessory structures)
10 metres
4.5 metres
1.5 metres except that
there shall be no interior
side yard requirement
for common walls in a
semi detached dwelling
7.5 metres
Other Provisions
All other provisions applying to lands zoned R1 shall apply to lands zoned R1-30.
6.3.31 DEFINED AREA R1-31 AND R1-31(H) – as shown on Map 14A, Schedule “A” of this
(BY-LAW 46-2008)
By-law.
a)
b)
c)
Permitted Uses
i)
On lands zoned R1-31(h), permitted uses are existing uses only.
ii)
On lands zoned R1-31 permitted uses are those permitted in subsection
6.1.1 of this By-law.
i)
Existing buildings and structures on lands zoned R1-31(h).
ii)
Buildings and structures permitted in subsection 6.1.2 of this By-law on
lands zoned R1-31.
Zone Provisions
All lot and building requirements for lands zoned R1-31(h) shall be as they
existed on the date of adoption of this By-law.
All lot and building requirements for lands zoned R1-31 shall be in accordance
with subsection 6.1.3 of this By-law except the following:
68
Minimum Lot Area
720 square metres (m2)
18 metres
6.3.32 DEFINED AREA R1-32 (H), as shown on Map 14 Schedule “A” of this By-law.
a)
Permitted Uses
A winery and associated accessory uses.
b)
c)
Zone Provisions
All lot area and frontage provisions shall be as they existed on the date of the
passing of this By-law.
All building requirements shall be in accordance with the following provisions:
35%
10.5 metres
Minimum Front Yard
15 metres
Minimum Side Yard
4.5 metres except where the use abuts a
Residential Holding, Residential or
Recreational Zone the minimum side yard
set back shall be 15 metres
7.6 metres
Minimum Rear Yard
10 metres except where the use abuts a
Residential Holding or Residential Zone the
minimum side yard setback shall be 15
metres
Shall be as established in the site plan
agreement
69
d)
Regulations for Outside Storage
Notwithstanding any other requirement of this By-law to the contrary, no outside
storage of goods or materials shall be permitted in the front yard, exterior side
yard or in any yard which abuts a Residential use or zone.
70
SECTION 7 RESIDENTIAL TYPE ONE HOLDING R1(h) ZONE
7.1
GENERAL USE REGULATION
Within the R1(h), no person shall use any lot or erect, alter or use any building or
structure except in accordance with the following regulations:
7.1.1
PERMITTED USES
Uses existing on the date of passing of this By-law;
Uses home occupation per dwelling unit in accordance with subsection 7.2.1 of
this By-law;
7.1.2
PERMITTED BUILDINGS AND OTHER STRUCTURES
Buildings and structures existing on the date of passing of this by-law and their expansion
in accordance with subsection 7.1.3 of this by-law;
accessory buildings and structures
7.1.3
ZONE PROVISIONS
Minimum Lot Dimension
i)
ii)
Area
Frontage
560 square metres
15 metres
35 % (includes accessory buildings)
Minimum Yard Dimension For Main Buildings
Front
4.5 metres
Rear
7.5 metres
Interior Side
1.5 metres
Exterior Side
4.5 metres
71
Maximum Height of Buildings
10 metres
and Structures
(see subsection 5.17 for exceptions)
Minimum Floor Area
(BY-LAW 37-1987)
7.2
90 square metres for a 1 storey single family
detached dwelling or 65 square metres for
the first storey of any single family detached
dwelling that is other than 1 storey.
7.2.1
REGULATIONS FOR HOME OCCUPATION
Home occupations shall only be permitted if in accordance with the following
provisions:
Any and all parts of the home occupations shall be confined in the dwelling unit
There shall not be any external storage of materials or containers;
There shall be only members of the family residing in the dwelling unit engaged
in the business;
The home occupation shall not change the residential character of the dwelling or
create or become a public nuisance particularly in regard to noise, traffic or
parking;
There shall not be any use of mechanical equipment that would result in any
undue noise, fumes, dust or odour escaping to any adjoining premises;
The area used for the home occupation shall not occupy more than thirty-five
percent of the floor area of the dwelling unit and shall not exceed thirty (30)
square metres in area;
Any signs used to advertise the home occupation shall be in accordance with the
7.3
EXCEPTIONS
(none at this time)
(SEE BY-LAW 46-2008 FOR R1-31(H) PROVISION)
72
SECTION 8 RESIDENTIAL TYPE (R2) ZONE REGULATIONS
8.1
Within the R2 zone, no person shall use any lot or erect, alter or use any building or
8.1.1
8.1.2
8.1.3
PERMITTED USES
a)
single family detached dwellings;
b)
converted dwellings in accordance with subsection 8.2.1 of this By-law;
c)
duplex dwellings;
d)
semi-detached dwellings and two unit dwellings (By-law 25-1996)
e)
multiple dwellings;
f)
nursing homes or rest homes;
g)
one home occupation per dwelling unit in accordance with subsection
8.2.2 of this By-law;
h)
a)
buildings and structures for the permitted uses;
b)
accessory buildings and structures.
ZONE PROVISIONS (1 metre = 3.28 feet)
a)
b)
Minimum Lot Dimensions
i) Area
560 square metres
ii) Frontage
15 metres
35% (incl accessory
buildings)
73
c)
(see subsection 5.19 for accessory building provision)
i)
Front
4.5 metres
ii)
Rear
7.5 metres
iii)
Interior Side
1.5 metres except that there
shall be no interior side yard
requirements for common
walls in a semi-detached or
multiple dwelling
iv)
Exterior Side
4.5 metres
d)
for exceptions)
10 metres and 2 storeys
e)
Minimum Floor Area
(BY-LAW 37-1987)
90 square metres (m2) for a 1
storey single family dwelling
or 65 square metres (m2) for
the first storey of any single
family detached dwelling that
is other than 1 storey;
80 m2 per dwelling unit for a
converted dwelling;
65 m2 per dwelling for a
multiple dwelling or
apartment building; and
No requirement for nursing
homes or rest homes.
8.2
8.2.1 REGULATIONS FOR CONVERTED DWELLINGS
No single family detached dwelling shall be altered to a converted dwelling, as defined in
this By-law, except in accordance with the following provisions:
74
a)
notwithstanding subsection 8.1.3 e) each dwelling unit after conversion shall have
a minimum floor area of eighty square metres (80 m2)
b)
notwithstanding subsection 8.1.3 a), the minimum lot area and frontage for
converted dwellings shall be 560 square metres and 15 metres respectively;
c)
the building is certified by the Chief Building Official to be structurally suitable
for the proposed conversion
d)
the external appearance of the building as a single family detached dwelling is
preserved.
8.2.2 REGULATIONS FOR HOME OCCUPATIONS
Home occupations shall only be allowed in the uses permitted in subsection 6.1.1 a), b),
c) and d) and only if in accordance with the following provisions:
8.3
a)
any and all parts of the home occupations shall be confined in the dwelling unit
b)
there shall not be any external storage of materials or containers;
c)
there shall be only members of the family residing in the dwelling unit engaged in
business
d)
the home occupation shall not change the residential character of the dwelling or
become a nuisance particularly in regard to noise, traffic or parking;
e)
there shall not be any use of mechanical equipment that would result in any
undue, fumes, dust or odour escaping to any adjoining premises
f)
the area used for the home occupation shall not occupy more than 35% of the
floor area of the dwelling unit and shall not exceed 30 square metres;
g)
any signs used to advertise the home occupation shall be in accordance with the
EXCEPTIONS
defined below:
75
a)
Permitted Uses
Multiple dwellings or the uses permitted in subsection 8.1.1 of this By-law.
b)
c)
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, on those lands
zoned R2-1 the minimum lot area shall be 239 m2. All other zone provisions shall
be in accordance with subsection 8.1.3 of this By-law.
a)
Permitted Uses
3 multiple dwellings with a maximum of 4 dwelling units per multiple dwelling..
b)
c)
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, on those lands
zoned R2-2 the following zone provisions shall apply.
i)
5 metres per dwelling
unit
ii)
Minimum Yard Requirements
Front
Rear
Side
iii)
4.5 metres
4.5 metres
4.5 metres
Parking Surface
crushed stone and
gravel for surface
treatment is permitted
76
iv)
Other
all other provisions
that pertain to land
zoned R2 shall apply to lands
zoned R2-2
8.3.3 DEFINED AREA R2-3 as shown on Map 5 of Schedule “A” of this By-law.
a)
Permitted Uses
A residential care facility with a maximum of 40 units and accessory uses.
b)
The existing buildings and additions in accordance with subparagraph c) below
for the residential care facility use, and accessory use structures.
c)
Zone Provisions
i)
Minimum Lot Area
0.44 hectares
ii)
108 metres
iii)
Minimum Yard Dimensions
All building requirements for the existing buildings shall be as they
existed on the date of the adoption of this By-law which amended the
(R2-3) zone in Zoning By-law 6-1987. Notwithstanding the foregoing
sentence or any other requirements of this By-law to the contrary,
additions to the existing buildings shall be permitted in accordance with
the approved site plan for the subject property. Accessory buildings and
structures shall be in accordance with subsection 5.19 of this By-law.
d)
Other Provisions
Parking and Landscaping: all landscaping requirements shall be in accordance
with the site plan agreement;
8.3.4 DEFINED AREA R2-4 as shown on Map 9 of Schedule “A” of this By-law.
a)
Permitted Uses
The uses permitted in subsection 8.1.1 of this By-law.
77
b)
c)
Zone Provisions
i)
ii)
Minimum Lot Area
single family detached dwelling
500 square metres
duplex dwelling
600 square metres
semi-detached dwelling
& 2 unit dwellings
325 square metres
per dwelling unit
multiple dwelling
250 square metres
per dwelling unit
single family detached
dwelling
15 metres
duplex dwelling
20 metres
semi-detached dwelling
& 2 unit dwelling
10 metres per
dwelling unit
multiple dwelling
20 metres
iii)
35% (including
iv)
Minimum Front Yard
4.5 metres
v)
Minimum Rear Yard
7.5 metres
vi)
single family, detached
dwelling, duplex dwelling, semidetached dwelling & two-unit
dwelling
multiple dwellings
78
1.5 metres
4.5 metres
No side yard shall be required for a semi-detached dwelling or
multiple dwelling between the common wall dividing one
dwelling unit from the adjoining dwelling unit.
d)
vii)
4.5 metres
viii)
accessory building provisions)
10.6 metres or 3
stories
Other Provisions
All other provisions of this By-law pertaining to lands zoned R2 shall also apply
to lands zoned R2-4.
8.3.5 DEFINED AREAS R2-5 as shown on Map 7, Schedule “A” of this By-law.
a)
Permitted Uses
A two unit dwelling and accessory uses.
b)
c)
Zone Provisions
i)
Minimum Lot Area
1200 square metres
ii)
20 metres
iii)
35 percent
iv)
Minimum Front Yard
4.5 metres
v)
Minimum Rear Yard
7.5 metres
vi)
1 metres
vii)
and Structures (see subsection
5.17 for exceptions)
10 metres
79
8.3.6 DEFINED AREAS R2-6 as shown on Map , Schedule “A” of this By-law.
a)
Permitted Uses
b)
c)
Zone Provisions
8.3.7 DEFINED AREAS R2-7 as shown on Map14 , Schedule “A” of this By-law.
(BY-LAW 25-1996)
a)
Permitted Uses
i)
ii)
iii)
b)
i)
ii)
iii)
iv)
v)
vi)
c)
Residential Uses;
only one home occupation per dwelling unit in accordance with subsection
one two unit dwelling per lot; or
one semi-detached dwelling per lot; or
one single unit attached dwelling per lot provided there are not more than
5 units in any one building; or
multi unit dwellings, excluding apartment style buildings, provided there
are not more than 5 units in any one building; or
buildings and structures accessory to the permitted uses in accordance
Zone Provisions
Zone
Provision
Minimum Lot
Area
Single Unit
Detached
Dwelling
464
square metres
Two Unit
Dwelling
557
square metres
SemiDetached
Dwelling
269
square metres
80
Single Unit
Attached
Dwelling
223
square metres
Multi Unit
Dwelling
854
square metres
7 metres for
interior units,
8.8 metres for
exterior units,
11.8 metres
for exterior
units on
corner lots
50% for
interior units,
40% for
exterior units
(incl
accessory
buildings and
structures)
Minimum Lot
Frontage
15 metres
18 metres
8.8 metres,
except where
a dwelling
unit is on a
corner lot,
11.8 metres
Maximum
Lot Coverage
35% (incl
accessory
buildings and
structures)
35% (incl
accessory
buildings and
structures)
40% (incl
accessory
buildings and
structures)
50%
45%
35%
35%
45%
10.6 metres
10.6 metres
10.6 metres
10.6 metres
10.6 metres
6 metres
6 metres
6 metres
6 metres
6 metres
1.5 metres, or
where there is
no garage 1.5
metres on one
side and 3
metres on the
other side
1.5 metres, or
where there is
no garage 1.5
metres on one
side and 3
metres on the
other side
1.5 metres,
except where
there is a
common wall
there is no
side yard
requirement
1.5 metres,
except where
there is a
common wall
there is no
side yard
requirement
3 metres
4.5 metres
4.5 metres
4.5 metres
4.5 metres
4.5 metres
7.6 metres
7.6 metres
7.6 metres
7.6 metres
7.6 metres
Minimum
Landscaped
Open Space
Maximum
Building
Height
Minimum
Front Yard
Minimum
Interior Side
Yard
Minimum
Exterior Side
Yard
Minimum
Rear Yard
81
28 metres
35% (incl
accessory
buildings and
structures)
a)
Permitted Uses
b)
c)
i)
Residential uses;
ii)
iii)
i)
ii)
iii)
iv)
one single unit attached dwelling per lot provided no building has more
than 5 units; or
v)
multi unit dwellings, excluding apartment style buildings, provided no
building has more than 5 units; and
vi)
Zone Provisions
Zone
Provision
Minimum
Lot Area
Minimum
Lot
Frontage
Single Unit
Detached
Dwelling
464 square
metres
15 metres
Two Unit
Dwelling
557 square
metres
18 metres
82
SemiDetached
Dwelling
269 square
metres
8.8 metres,
except where
a dwelling
unit is on a
corner lot,
11.8 metres
Single Unit
Attached
Dwelling
223 square
metres
7 metres for
interior units
8.8 metres
for exterior
units 11.8
metres for
exterior units
on corner lots
Multi Unit
Dwelling
854 square
metres
28 metres
Maximum
Lot
Coverage
35 percent
(includes
accessory
buildings
and
structures)
40 percent
(includes
accessory
buildings and
structures)
Minimum
50 percent
Landscaped
Open
Space
Maximum
10.6 metres
Building
Height
Minimum
6 metres
Front Yard
45 percent
Minimum
Interior
Side Yard
Minimum
Exterior
Side Yard
Minimum
Rear Yard
d)
35 percent
(includes
accessory
buildings
and
structures)
35 percent
(includes
accessory
buildings
and
structures)
35 percent
50 percent
for interior
units 40
percent for
exterior units
(includes
accessory
buildings and
structures)
35 percent
10.6 metres
10.6 metres
10.6 metres
10.6 metres
6 metres
6 metres
1.5 metres or
where there
is no
attached
garage, 3
metres on
one side and
1.5 metres
on the other
side
4.5 metres
1.5 metres or
where there
is no
attached
garage, 3
metres on
one side and
1.5 metres
on the other
side
4.5 metres
4.5 metres
4.2 metres
4.5 metres
7.6 metres
7.6 metres
7.6 metres
7.6 metres
7.6 metres
45 percent
6 metres,
6 metres
except for the
two northerly
units on the
west side of
the road, 4.8
metres
1.5 metres,
1.5 metres,
3 metres
except where except where
there is a
there is a
common wall common wall
there is no
there is no
side yard
side yard
requirement
requirement
Other Provisions
R2-8.
83
8.3.9 DEFINED AREA R2-9 as shown on Schedule “A”, Map 2A of this By-law.
a)
Permitted Uses
On those lands zones R2-9, the following uses are permitted:
b)
i)
Residential uses;
ii)
iii)
The following buildings and structures are permitted on lands zones R2-9:
c)
i)
one single unit detached dwelling per lot; or
ii)
iii)
iv)
v)
vi)
Zone Provisions
All lot and building requirements for lands zones R2-9 shall be in accordance
with the following:
Zone
Provision
Minimum
Lot Area
Single Unit
Detached
Dwelling
464 square
metres
Two Unit
Dwelling
557 square
metres
84
SemiDetached
Dwelling
269 square
metres
Single Unit
Attached
Dwelling
223 square
metres
Multi Unit
Dwelling
854 square
metres
Minimum
Lot
Frontage
15 metres
18 metres
8.8 metres,
except where
a dwelling
unit is on a
corner lot,
11.8 metres
Maximum
Lot
Coverage
35 percent
(includes
accessory
buildings
and
structures)
35 percent
(includes
accessory
buildings
and
structures)
40 percent
(includes
accessory
buildings
and
structures)
Minimum
Landscaped
Open
Space
Maximum
Building
Height
Minimum
Front Yard
Minimum
Interior
Side Yard
50 percent
45 percent
10.6 metres
Minimum
Exterior
Side Yard
Minimum
Rear Yard
28 metres
35 percent
7 metres for
interior units
8.8 metres
for exterior
units 11.8
metres for
exterior units
on corner
lots
50 percent
for interior
units 40
percent for
exterior units
(includes
accessory
buildings
and
structures)
35 percent
10.6 metres
10.6 metres
10.6 metres
10.6 metres
6 metres
6 metres
6 metres
6 metres
6 metres
1.5 metres
or where
there is no
attached
garage, 3
metres on
one side and
1.5 metres
on the other
side
4.5 metres
1.5 metres
or where
there is no
attached
garage, 3
metres on
one side and
1.5 metres
on the other
side
4.5 metres
1.5 metres,
except where
there is a
common
wall there is
no side yard
requirement
1.5 metres,
3 metres
except where
there is a
common
wall there is
no side yard
requirement
4.5 metres
4.5 metres
4.5 metres
7.6 metres
7.6 metres
7.6 metres
7.6 metres
7.6 metres
85
35 percent
(includes
accessory
buildings
and
structures)
45 percent
8.3.10 DEFINED AREA R2-10 as shown on Schedule “A’, Map 3A of this By-law.
a)
Permitted Uses
On those lands zones R2-10, the following uses are permitted:
b)
i)
Residential uses;
ii)
iii)
The following buildings and structures are permitted on lands zoned R2-10:
c)
i)
one single unit detached dwelling per lot; or
ii)
iii)
iv)
v)
vi)
Zone Provisions
All lot and building requirements for lands zones R2-10 shall be in accordance
with the following:
Zone
Provision
Minimum
Lot Area
Single Unit
Detached
Dwelling
464 square
metres
Two Unit
Dwelling
557 square
metres
86
SemiDetached
Dwelling
269 square
metres
Single Unit
Attached
Dwelling
223 square
metres
Multi Unit
Dwelling
854 square
metres
Minimum
Lot
Frontage
15 metres
18 metres
Maximum
Lot
Coverage
35 percent
(includes
accessory
buildings
and
structures)
35 percent
(includes
accessory
buildings
and
structures)
Minimum
Landscaped
Open
Space
Maximum
Building
Height
Minimum
Front Yard
Minimum
Interior
Side Yard
50 percent
Minimum
Exterior
Side Yard
Minimum
Rear Yard
8.8 metres,
except where
a dwelling
unit is on a
corner lot,
11.8 metres
28 metres
45 percent
7 metres for
interior units
8.8 metres
for exterior
units 11.8
metres for
exterior units
on corner
lots
40 percent
50 percent
(includes
for interior
accessory
units 40
buildings and percent for
structures)
exterior units
(includes
accessory
buildings and
structures)
35 percent
35 percent
10.6 metres
10.6 metres
10.6 metres
10.6 metres
10.6 metres
6 metres
6 metres
6 metres
6 metres
6 metres
1.5 metres
or where
there is no
attached
garage, 3
metres on
one side and
1.5 metres
on the other
side
4.5 metres
1.5 metres
or where
there is no
attached
garage, 3
metres on
one side and
1.5 metres
on the other
side
4.5 metres
1.5 metres,
except where
there is a
common
wall there is
no side yard
requirement
1.5 metres,
except where
there is a
common
wall there is
no side yard
requirement
3 metres
4.5 metres
4.5 metres
4.5 metres
7.6 metres
7.6 metres
7.6 metres
7.6 metres
7.6 metres
35 percent
(includes
accessory
buildings
and
structures)
45 percent
Note** Some lots in Royal Oak Subdivision have been granted Minor Variances for interior and
exterior side yards. See A/23/06 and A/04/09.
87
a)
b)
c)
Permitted Uses
i)
Residential uses;
ii)
iii)
i)
ii)
iii)
iv)
Zone Provisions
Zone Provision
Minimum Lot
Area
Minimum Lot
Frontage
Maximum Lot
Coverage
Single Unit
Detached
Dwelling
580 square
metres
15 metres
Two Unit
Dwelling
Semi-Detached
Dwelling
580 square
metres
15 metres
274 square metres
35 percent
(includes
accessory
buildings and
structures)
50 percent
35 percent
(includes
accessory
buildings and
structures)
45 percent
accessory buildings
and structures)
10.6 metres
10.6 metres
Minimum
Landscaped Open
Space
Maximum
10.6 metres
Building Height
88
7.2 metres
35 percent
Minimum Front
Yard
Minimum Side
Yard
Minimum Rear
Yard
d)
4.5 metres
4.5 metres
4.5 metres
1.5 metres or
where there is
no attached
garage, 3
metres on one
side and 1.5
metres on the
other side
7.5 metres
1.5 metres or
where there
is no attached
garage, 3
metres on
one side and
1.5 metres on
the other.
7.5 metres
1.5 metres, except
where there is a
common wall there
is no side yard
requirement
7.5 metres
Other Provisions
All other provisions applying to lands zoned R2 shall also apply to lands zones
R2-11.
a)
b)
c)
Permitted Uses
i)
Residential uses;
ii)
i)
ii)
iii)
iv)
Zone Provisions
89
Zone Provision
Minimum Lot
Area
Minimum Lot
Frontage
Maximum Lot
Coverage
Minimum
Landscaped Open
Space
Maximum
Building Height
Minimum Front
Yard
Minimum Side
Yard
Minimum Rear
Yard
d)
Single Unit
Detached
Dwelling
464 square
metres
15 metres
Two Unit
Dwelling
Semi-Detached
Dwelling
557 square
metres
18 metres
269 square metres
35 percent
(includes
accessory
buildings and
structures)
50 percent
35 percent
(includes
accessory
buildings and
structures)
45 percent
accessory buildings
and structures)
10.6 metres
10.6 metres
10.6 metres
4.5 metres
4.5 metres
4.5 metres
1.5 metres or
where there is
no attached
garage, 3
metres on one
side and 1.5
metres on the
other side
1.5 metres or
where there
is no attached
garage, 3
metres on
one side and
1.5 metres on
the other
side
7.6 metres
1.5 metres, except
where there is a
common wall there
is no side yard
requirement
7.6 metres
7.0 metres
35 percent
7.6 metres
Other Provisions
All other provisions applying to lands zones R2 shall also apply to lands zoned
R2-12.
a)
Permitted Uses
i)
Residential Use;
ii)
only one home occupation per dwelling unit in accordance with the
provisions of subsection 8.2.2 of this By-law;
90
iii)
b)
c)
accessory uses.
i)
only one single unit detached dwelling per lot;
ii)
only one two unit dwelling per lot provided however that each dwelling
unit can be on a separated lot with a common wall being along the side
property line;
iii)
Zone Provisions
All lot and building requirements shall be in accordance with the following table:
Zone Provision
Minimum Lot
Area
Minimum Lot
Frontage
Maximum Lot
Coverage
Minimum
Landscaped Open
Space
Maximum
Building Height
Minimum Front
Yard
Minimum
Interior Side
Yard
Minimum
Exterior Side
Yard
Minimum Rear
Yard
Single Unit Detached
Dwelling
5,000 square feet
Two Unit Dwelling
50 feet
60 feet
accessory buildings
and structures)
50 percent
accessory buildings and
structures)
45 percent
35 feet
35 feet
20 feet
20 feet
5 feet or where there
is no attached garage,
10 feet on one side
and 5 feet on the
other side
15 feet
5 feet or where there is no
attached garage, 10 feet on
one side and 5 feet on the
other side
25 feet
25 feet
91
6,000 square feet
15 feet
d)
Permitted Rear Yard Encroachments
No structures with a height greater than 30 inches shall be permitted to encroach
into the required rear yard of any single storey two unit dwelling.
8.3.14 DELETED BY BY-LAW 156-2009
8.3.15 DEFINED AREA R2-15, as shown of Map 3A, Schedule “A” of this By-law.
a)
Permitted Uses
i)
Residential uses;
ii)
iii)
b)
i)
One semi-detached dwelling per lot;
ii)
c)
Zone Provisions
i)
One semi-detached dwelling per lot provided that the individual units
satisfy the zone provisions listed below;
ii)
Each lot must contain a Unit A attached to a Unit B:
a. Unit A’s are only permitted when attached to a Unit B;
b. Unit B’s are only permitted when attached to a Unit A;
c. No Lot shall contain two of the same units;
iii)
Each semi-detached dwelling is permitted to have it’s ownership separated
down the common wall by either the Part Lot Control Exemption or the
Consent to Sever process;
92
iv)
Zone Provision
Minimum Lot Area
Minimum Landscaped Open Space
Minimum Front Yard Setback
Minimum Rear Yard
93
Residential Type Two (R2-15)
430 square metres
12.0 metres
45%
35%
7.0 metres
5.4 metres for Unit A
7.0 metres for Unit B
3.0 metres
1.5 metres on non-common wall
side and 0 metres on common wall
side
6.0 metres for Unit A
7.5 metres for Unit B
SECTION 9
9.1
RESIDENTIAL TYPE THREE (R3) ZONE REGULATIONS
9.1.1
9.1.2
9.1.3
PERMITTED USES
a)
multiple dwellings;
b)
apartment buildings;
c)
nursing homes or rest homes;
d)
accessory uses to the above permitted use.
a)
b)
ZONE PROVISIONS
a)
i)
ii)
Area
Frontage
165 square metres per dwelling unit
20 metres
b)
35 % (including accessory buildings)
c)
i)
ii)
iii)
iv)
Front
Rear
Interior Side
Exterior Side
9 metres
9 metres
9 metres
10 metres
d)
Maximum Height of Buildings and Structures
e)
Minimum Floor Area
60 square metres per dwelling unit in a
94
(BY-LAW 37-1987)
9.2
multiple dwelling or apartment building and
no requirement for nursing homes or rest
homes.
(none at this time)
9.3
EXCEPTIONS
The special regulations contained in this subsections (9.3) shall apply to the area or areas
defined below:
a)
b)
c)
Permitted Uses
i)
Residential uses;
ii)
i)
One single unit attached dwelling per lot; and
ii)
Zone Provisions
Zone Provisions
Minimum Lot Area
Minimum Landscaped Open
Space
Single Unit Detached Dwelling
345 square metres for interior units
420 square metres for exterior units
8.5 metres for interior units 10
10 metres for exterior units
11 metres for exterior units on corner lots
50 percent for interior units
40 percent for exterior units (includes
accessory buildings and structures)
35 percent
10.6 metres
95
Minimum Front Yard
Minimum Exterior Side
Yard
Minimum Rear Yard
d)
6 metres
1.8 metres, except where there is a common
wall there is no side yard requirement
3 metres
7.6 metres
Other Provisions
R3-1.
a)
Permitted Use
A rest home with up to a maximum of 110 beds.
b)
Main buildings and structures and accessory buildings and structures associated
with the permitted use.
c)
Zone Provisions
Minimum Lot Area-
one (1) hectare
Minimum Frontyard, Sideyard and
Rearyard Requirement-
7.5 metres
Maximum Height Restriction-
one storey
The other provisions shall be in accordance with subsection 9.1.3.
9.3.2(a)ELIMINATED BY BY-LAW 34-1999
a)
Permitted Uses
Multiple dwellings only.
b)
Existing buildings and structures only.
96
c)
Zone Provisions
The lot and building requirements for the existing buildings and structures shall
be as they existed on the date of passing of this By-law.
a)
Permitted Uses
An apartment building with not more than 42 residential units and a rest
home/nursing home/retirement home with a maximum of 120 suites and
accessory uses.
b)
c)
Zone Provisions
d)
i)
Minimum Lot Area
1.8 hectares
ii)
36 metres
iii)
a)
Front
7.5 metres
b)
Rear
10 metres
c)
Side Yard
the closest point of the
existing structure on the west
interior side yard shall be 3.0
metres; all other interior side
yards shall be 7.5 metres;
d)
Maximum Height
10 metres
Other Provisions
i)
Parking
notwithstanding any other
provisions
97
of this By-law, the required number
of parking spaces shall be 61
ii)
Landscaping
iii)
Accessory Use
all landscaping requirements shall
be in accordance with the site plan
agreement;
all accessory uses shall be in
accordance with subsection
5.19 of this By-law except that
no parking area shall be located
closer than 3 metres to any lot
line.
a)
Permitted Uses (BY-LAW 30-1990)
A multiple dwelling with a maximum of (7) 9 dwelling units.
b)
Existing buildings and structures only.
c)
Zone Provisions
i)
Minimum Lot Area
1390 square metres
ii)
23 metres
iii)
Front
Rear
Side
iv)
3.7 metres
9 metres
1.9 metres
Minimum Floor Area
58 square metres per dwelling unit.
98
9.3.6 DEFINED AREAS R3-6 as shown on Map , Schedule “A” of this By-law.
a)
Permitted Uses
b)
c)
Zone Provisions
a)
b)
c)
Permitted Uses
i)
Residential uses;
ii)
i)
Not more than three multi unit dwellings, excluding apartment style
buildings, provided no building has more than 5 units; and
ii)
Zone Provisions
Zone Provision
Multi Unit Dwelling
Minimum Lot Area
1.0 hectares
26 metres
25 percent (includes accessory
buildings and structures)
Space
40 percent
1 storey
Minimum Distance From North
Lot Line
17 metres
99
Minimum Distance From South
Lot Line
35 metres
Minimum Distance From East Lot
Line
12 metres
Minimum Distance From West Lot
Line
d)
94 metres from the north portion of
the line that abuts the street and 3
metres from the balance of the line.
Other Provisions
R3-7. There is nothing in this By-law to prevent these lands from being held by
separate condominium corporations. If the lands are held by separate
condominium corporations, the above detailed zone provisions shall apply to the
entire lands zoned R3-7 and not to each of the condominium corporation
holdings.
a)
Permitted Uses
One multiple dwelling with a maximum of 20 dwelling units and accessory uses.
b)
c)
Zone Provisions
i)
Minimum Lot Area
3250 square metres
ii)
26 metres
iii)
Minimum Front Yard
53 metres
iv)
Minimum Rear Yard
9 metres
v)
7 metres
vi)
7.5 metres
100
vii)
d)
Maximum Height of
Buildings and Structures
3 storeys and 10 metres
Other Provisions
Notwithstanding any other provision of this By-law to the contrary, a minimum of
1.5 parking spaces shall be required per dwelling unit in the R3-8 zone. All other
requirements pertaining to lands zoned R3 shall apply to lands zoned R3-8.
a)
Permitted Uses
One apartment building and accessory uses.
b)
c)
Zone Provisions
i)
Minimum Lot Area
6300 square metres
ii)
40 metres
iii)
35 percent
iv)
Minimum Front Yard
10 metres
v)
Minimum Rear Yard
15 metres
vi)
6 metres
vii)
9 metres
viii)
exceptions)
10 metres
101
a)
Permitted Uses
Multiple dwellings not exceeding a total of 13 units and accessory uses.
b)
c)
Zone Provisions
Minimum Lot Area
255 square metres per unit
6 metres per unit
60 percent
Minimum Front Yard
4.5 metres
Minimum Rear Yard
6 metres
1.5 metres, except that
no side yard shall be
required for a townhouse
or rowhouse dwelling
between the common
vertical wall dividing one
dwelling unit from the
adjoining dwelling unit
3.8 metres
for exceptions)
10 metres
a)
Permitted Uses
102
A multiple dwelling containing not more than 4 dwelling units and accessory
uses.
b)
The existing building and additions in accordance with subparagraph c) below for
the multiple dwelling use, and accessory buildings and structures.
c)
Zone Provisions
All lot and building requirements for the existing building shall be as they existed
on the date of adoption of the by-law which introduced the R3-11 zone into
Zoning By-law No. 6-1987. Notwithstanding the foregoing sentence or any other
requirements of this By-law to the contrary, additions to the existing
building shall be permitted in accordance with subsections 9.1.3 and 9.2 of this
By-law, except that the minimum lot area shall be 3740 square metres.
Accessory buildings and structures shall be in accordance with subsection 5.19 of
this By-law.
a)
Permitted Uses
High density residential uses and accessory uses.
b)
One apartment building not exceeding 29 units and five storeys in height and
accessory buildings.
c)
Zone Provisions
i)
Minimum Lot Area
4000 square metres
ii)
50 metres
iii)
25 percent (including accessory
building)
iv)
Minimum Front Yard
20 metres
v)
Minimum Rear Yard
10 metres
103
d)
vi)
9 metres
vii)
20 metres
viii)
5 storeys
ix)
Space
45 percent
Other Provisions
Notwithstanding any other provision of this By-law to the contrary, a minimum
of 1.25 parking spaces shall be provided per dwelling unit, of which a minimum
of 2 spaces shall be barrier free. All other provisions applying to lands zoned R3
shall also apply to lands zoned R3-12.
a)
Permitted Uses
A multiple dwelling containing not more than 30 dwelling units and accessory
uses.
b)
c)
Zone Provisions
Minimum Lot Area
as existing less road widening
conveyance
as existing less road widening
conveyance
35 percent
Minimum Front Yard
8.5 metres
104
d)
Minimum Rear Yard
7.5 metres
12 metres
6 metres
19 metres
Other Provisions
Notwithstanding subsection 5.9 of this By-law, exterior stairs, balconies, decks
and parking lot facilities shall be allowed to encroach into all required yards in
accordance with the approved site plan and shall not be included in the lot
coverage calculation.
a)
b)
c)
Permitted Uses
i)
Residential uses,
ii)
i)
One single unit detached dwelling per lot, up to a maximum of 14
dwelling units; and
ii)
one semi-detached dwelling per lot, up to a maximum of 4 dwelling units;
and
iii)
Zone Provisions
Zone Provision
Semi-Detached Dwelling
105
Single Unit
Attached
Dwelling
Minimum Lot Area
280 square metres
200 square
metres
5.0 metres
8.2 metres for
interior units
4.2 metres for
exterior units
17 metres for exterior
units on corner lots
45 percent
52 percent for
interior
units and 45 percent
for exterior units
(includes accessory
buildings and
structures)
Minimum Landscaped
Open Space
35 percent
35 percent
Maximum Building
Height
1 storey
1 storey
Minimum Front Yard
6.0 metres
6.0 metres
1.2 metres except
there is a common
wall there is no side
yard requirement
1.2 metres except
where there is a
common wall
there is no side
yard requirement
Minimum Exterior
Side Yard
2.4 metres
2.4 metres
Minimum Rear Yard
6.0 metres
6.0 metres
Minimum Interior
Side Yard
d)
Parking Provisions
A minimum of one parking space per dwelling unit shall be provided for lands
zoned R3-14.
106
a)
b)
c)
Permitted Uses
i)
Residential uses;
ii)
i)
one single unit attached dwelling per lot provided no building has more
than 5 units; or
ii)
multi unit dwellings, excluding apartment style buildings, provided no
building has more than 5 units; and
iii)
Zone Provisions
Zone Provision
Minimum Lot Area
Space
Minimum Front Yard
Minimum Rear Yard
d)
Single Unit Attached
Dwelling
270 square metres
7 metres except 11.8 metres
for units on corner lots
55 percent for interior units
40 percent for exterior units
(includes accessory buildings
and structures)
34 percent
Multi Unit Dwelling
10.6 metres
6 metres
1.5 metres, except where there
is a common wall there is no
side yard requirement
4.5 metres
7.5 metres
10.6 metres
6 metres
3 metres
1300 square metres
26 metres
accessory buildings and
structures)
45 percent
4.5 metres
7.5 metres
Other Provisions
R3-15.
107
a)
Permitted Uses
i)
b)
Residential Uses
ii)
Single Unit Attached Dwellings
c)
Zone Provisions
d)
Minimum Lot Area
370 square metres
3.0 metres
45 %
Minimum Front Yard
7.5 metres
Minimum Rear Yard
7.5 metres
1.2 metres except
where there is a common
wall, there is no setback
required;
10 metres
Other Provisions
Notwithstanding any other subsection of this by-law to the contrary, decks,
balconies and sunrooms are allowed to encroach into the required rear yard and
shall not be included in lot coverage but must be kept to a minimum of 1.5 metres
from all lot lines.
a)
Permitted Uses
i)
Residential Uses
108
ii)
b)
i)
c)
6 two unit dwellings for a total of 12 dwelling units on the subject
property;
Zone Provisions
i)
Minimum Lot Area
0.3 ha
ii)
105 metres
iii)
a.
b.
c.
d.
d)
Front Yard
Rear Yard
Interior Side Yard
Maximum Height
9 metres
9 metres
2.5 metres
10 metres
Other
All accessory uses shall be permitted in accordance with subsection 5.19 of this
By-law. Any development of the property will be subject to site plan control.
9.3.18 DEFINED AREA R3-18 (Prince Albert N), as shown on Map 1, Schedule “A” of this By-law.
a)
Permitted Uses
i)
ii)
b)
Residential Uses
accessory uses to the above permitted uses
Not more than three multiple dwellings with a maximum of 13 dwelling units in
total and accessory uses.
109
c)
Zone Provisions
All lot and building requirements for the permitted buildings shall be in
accordance with the following:
Minimum Lot Area
0.45 hectares
36.0 metres
Front Yard
15.0 metres
Rear Yard
7.9 metres
Interior Side Yard
3.0 metres
abutting a Recreational Zone
Interior Side Yard
6.0 metres
abutting a Residential
Zone
Maximum Height
one (1) storey
Minimum Floor Area
72.0 sq. metres/unit
Lot Coverage
35 % (including accessory buildings)
d)
Other Provisions
a.
b.
c.
Decks & Patios
All decks and patios shall be on grade;
Parking
All parking requirements shall be in accordance with subsection 5.21 of
this by-law;
Site Plan Approval
All development of this property shall be subject to site plan approval,
including parking, landscaping, signage and accessory structures.
9.3.18a)DEFINED AREA R3-18 (Mettawas), as shown on Map 12, Schedule “A” of this
By-law.
a)
b)
Permitted Uses
i)
Residential uses;
ii)
Single unit attached dwelling units;
110
Semi-Detached dwelling units
c)
Zone Provisions
d)
Minimum Lot Area
370 square metres
3 metres
45%
Minimum Front Yard
7.5 metres
Minimum Rear Yard
7.5 metres
1.2 metres except where there is a common
wall; there is no setback required.
10 metres
Other Provisions
Notwithstanding any other subsection of this by-law to the contrary, decks,
balconies and sunrooms are allowed to encroach into the required rear yard and
shall not be included in lot coverage but must be kept to a minimum of 1.5 metres
from all lot lines.
a)
b)
Permitted Uses
i)
Residential Uses
ii)
Accessory uses to the above permitted uses
i)
3 two unit dwellings
111
c)
Zone Provisions
i)
Minimum Lot Area
2000 square metres
ii)
60 metres
iii)
a.
Front Yard
b.
Rear Yard
c.
Interior Side Yard
d.
Exterior Side Yard
e.
Maximum Height
9 metres
9 metres
2.5 metres
4.5 metres
10 metres
35%
iv)
d)
Other
All accessory uses shall be permitted in accordance the subsection 5.19 of this
By-law. Any development of the property will be subject to site plan control.
a)
b)
c)
Permitted Uses
i)
Residential uses;
ii)
Accessory uses permitted to the above permitted uses.
i)
Single Unit Detached Dwelling;
ii)
Semi-Detached Dwelling;
iii)
Single Unit Attached Dwelling;
iv)
Multi Unit Dwelling
Zone Provisions
All lot and building requirements shall be in accordance with the following.
Zone Provision
Single Unit
Semi-Detached
112
Single Unit Attached
Multi Unit
Detached
560 m2
Unit
500 m2
Min Frontage
Max Lot
Coverage
15.0 m
35 %
including
accessory
buildings
12.5 m
35% including
accessory
buildings
Min.
Landscaped
Open Space
Min. Front Yard
Min. Setback
from Top of
Bank and South
Property Line
(ERCA
Greenway)
Min. Rear Yard
Min. Side Yard
N/A
35 %
7.0 m
40% for exterior
units; 50% for
interior units
including accessory
buildings
35%
4.5 m
9.0 m
4.5 m
9.0 m
4.5 m
9.0 m
4.5 m
9.0 m
12.0 m
1.5 m
12.0 m
1.5 m; except that
there shall be no side
yard requirement for
common wall
12.0 m
12.0 m
Building Height
10.0 m
12.0 m
1.5 m; except that
there shall be no
side yard
requirement for
common wall
10.0 m
10.0 m
One (1) storey
Min. Lot Area
d)
370 m
2
Dwelling
Max 16
residential units
18.0 m
35% including
accessory
buildings
40%
Other Provisions
i)
Home Occupations shall only be allowed in uses permitted under
subsection 9.3.20 b) i) and only if in accordance with subsection 7.2.1 of
this By-law;
ii)
Any development of the property for Multi Unit Dwellings will be subject
to site plan control;
iii)
Parking requirements shall be in accordance with the provisions of
subsection 5.21.
113
SECTION 9a RESIDENTIAL TYPE THREE HOLDING R3(h) ZONE REGULATIONS
9a.1
GENERAL USES REGULATIONS
Within the R3(h) zone, no person shall use any lot or erect, alter or use any building or
9a.1.1 PERMITTED USES
uses existing on the date of passing of this By-law;
9a.1.2 PERMITTED BUILDING AND OTHER STRUCTURES
buildings and structures existing on the date of passing of this By-law and their expansion
in accordance with subsection 9a.1.3 of this By-law;
accessory buildings and structures
9a.1.3 ZONE PROVISIONS
a)
i)
ii)
Area
Frontage
165 square metres per dwelling unit
20 metres
b)
c)
Minimum Yard Dimensions for Main Buildings
i)
ii)
iii)
iv)
35% (including accessory buildings)
Front
Rear
Interior Side
Exterior Side
9 metres
9 metres
9 metres
9 metres
d)
10 metres
e)
Minimum Floor Area
60 square metres per dwelling units
114
in a multiple dwelling or apartment
building and no requirement for
nursing homes or rest homes.
9a.2
(none at this time)
9a.3
EXCEPTIONS
(none at this time)
115
SECTION 9b RESIDENTIAL TYPE FOUR (R4) ZONE REGULATIONS
9b.1
9b.1.1 PERMITTED USES
a)
multiple dwellings, including townhouses and apartment buildings;
b)
9b.1.2 PERMITTED BUILDINGS AND OTHER STRUCTURES
a)
b)
9b.1.3 ZONE PROVISIONS
a)
Maximum Density
80 apartment units per gross hectare
50 townhouse units per gross hectare
b)
20 metres
c)
40% (including accessory buildings)
d)
i)
Front
10 metres
ii)
Rear
10 metres or the height of the
building, whichever is greater
iii)
Interior Side
4.6 metres or one-half of the
height of the building,
iv)
Exterior Side
10 metres or one-half of the
height of the building,
116
e)
Maximum Height of Buildings and Structures
i)
ii)
f)
9b.2
townhouse or rowhouse
dwelling
3 storeys
apartment building
5 storeys
Minimum Landscaped Open Space 35%
(none at this time)
9b.3
EXCEPTIONS
The special regulations contained in this subsection (9b.3) shall apply to the area of areas
defined below:
9b.3.1 DEFINED AREA R4-1 as shown on Map 12, Schedule “A” of this By-law.
a)
Permitted Uses
A parking lot accessory to a hotel/restaurant or the uses permitted in
subsection 9b.1.1 of this By-law.
b)
c)
Zone Provisions
All lot and building requirements for the uses permitted in subsection
9b.1.1 shall be in accordance with subsection 9b.1.3 and 9b.2 of this Bylaw. All lot and building requirements for a parking lot shall be in
accordance with subsection 5.19 of this By-law.
117
9b.3.2 DEFINED AREA R4-2 as shown on Map 12, Schedule “A” of this By-law.
a)
Permitted Uses
Warehousing and manufacturing uses or the uses permitted in subsection 9b.1.1
of this Bylaw.
b)
c)
Zone Provisions
All lot and building requirements for the warehousing and manufacturing uses
shall be in accordance with subsection 17.1.3 and 17.2 of this By-law. All lot and
building requirements for all other uses permitted in the R4-2 zone shall be in
accordance with subsections 9b.1.3 and 9b.2 of this By-law..
118
SECTION 9c RESIDENTIAL TYPE FOUR HOLDING R4 (h) ZONE REGULATIONS
9c.1
Within the R4 (h) zone, no person shall use any lot or erect, alter or use any building or
9c.1.1 PERMITTED USES
a)
b)
9c.1.2 PERMITTED BUILDINGS AND OTHER STRUCTURES
a)
buildings and structures existing on the date of passing of this by-law and their
expansion in accordance with subsection 9c.1.3 of this By-law;
b)
9c.1.3 ZONE PROVISIONS
a)
Maximum Density
80 apartment units per gross hectare
50 townhouse units per gross hectare
b)
20 metres
c)
40% (including accessory
buildings)
d)
i)
Front
10 metres
ii)
Rear
10 metres or the height of the
building, whichever is greater
iii)
Interior Side
4.6 metres or one-half of the height
of the building, whichever is greater
iv)
Exterior Side
10 metres or one-half of the height
of the building, whichever is greater
119
e)
and Structures (see subsection 5.17 for exceptions)
i)
ii)
f)
9c.2
townhouse or rowhouse
dwelling
3 storeys
apartment building
5 storeys
Minimum Landscaped
Open Space
35%
(none at this time)
9c.3
EXCEPTIONS
(none at this time)
120
SECTION 10 CENTRAL COMMERICAL (C1) ZONE REGULATIONS
10.1
Within the C1 zone, no person shall use any lot or erect, alter or use any building or
a)
retail stores;
b)
personal service shops including funeral homes;
c)
offices, banks and financial institutions;
d)
clinics including animal clinics;
e)
eating establishments, taverns and hotels;
f)
small goods repair shops;
g)
existing automobile service stations and new automobile service stations
excluding the sale of gasoline, diesel fuel, propane and other similar substances
even as an accessory use;
h)
automobile washing establishments;
i)
studios;
j)
places of amusement, entertainment or recreation excluding amusement arcades;
k)
taxi-cab stands and bus depots;
l)
public uses and day nurseries;
m)
government buildings;
n)
meeting halls and clubs;
o)
the plant and/or office of a newspaper;
p)
existing single family dwellings;
q)
parking lots;
121
r)
accessory uses for the above permitted uses including dwelling units in
accordance with subsection 10.2.3 of this By-law.
a)
buildings and structures for the permitted uses including shopping centres;
b)
accessory buildings and structures for the permitted uses, including accessory
dwellings units as parts of the main building.
10.1.3 ZONE PROVISIONS FOR MAIN BUILDING
a)
i)
Area
no requirement
ii)
Frontage
no requirement
b)
no requirement
c)
d)
10.2
i)
Front
no requirement
ii)
Rear
4 metres
iii)
Interior Side
no requirement
iv)
Exterior Side
no requirement
Maximum Height of
10 metres
In addition to the general regulations outlined in subsection 10.1, the following additional
regulations shall apply to certain specific uses permitted in subsection 10.1.1
10.2.1 REGULATIONS FOR OUTSIDE STORAGE
No outside storage of goods or materials shall be permitted within a C1 zone.
122
10.2.2 REGULATIONS FOR C1 USES ABUTTING A RESIDENTIAL ZONE
Where a C1 zone abuts a Residential zone, the following provisions shall apply:
a)
no part of any building within a C1 zone shall be located within 8 metres of any
Residential zone;
b)
no parking or loading space shall be located in a required side yard adjacent to
any Residential zone.
10.2.3 REGULATIONS FOR DWELLING UNITS IN THE C1 ZONE
Dwelling units are permitted uses in the C1 zone but they shall only be allowed in the
rear or in the second storey of a building which has the majority of its first storey devoted
to commercial use. Notwithstanding the preceding, the building on the southwest corner
of the Division and Main Street intersection, locally known as the Motorco building, shall
only have dwelling units above the first two storeys.
10.2.4 PARKING REQUIREMENT FOR USES IN THE C1 ZONE
Notwithstanding subsection 5.21 of this By-law to the contrary, the required number of
parking
spaces for uses in the C1 zone shall be in accordance with the following:
i)
Use
Minimum Number of Spaces
a)
Dwelling Unit
1 space per dwelling unit
b)
Bank, Financial
Institution
1 space for each 13.5 square metres of
gross floor area
c)
Bowling Alley
3 spaces for each lane
d)
Church, Auditorium,
Convention or Meeting
Hall, Private Club, Lodge,
Fraternal Society, or any
Institutional or Non-Profit
Use or Place of Assembly
not otherwise specified
herein
1 space for each 10 fixed
seats plus 1 space for
each 10 square metres
of floor area used by the
public excluding areas occupied by
fixed seats
123
e)
Custom workshops,
Bakery, Dressmaker,
Dyeing Establishment,
Laundry, Coin Laundry,
Printer, Tailor,
Upholster, Dry Cleaner
1 space for each 20 square metres of
of gross floor area
f)
Hotel
1 space for each 6 seats devoted
to public use
g)
Barbershop, Beauty
Parlour and similar
Personal Service
Shops
1 space of each chair or booth devoted
to public use
h)
Clinic or Office for
any of the health care
professions
3 spaces for each member of the health
care profession plus 1 space per
employee
i)
Tavern, Public House
and Restaurant or portions
thereof where food and/or
drink is consumed on the
premises
1 space for each 6 seats devoted to
public use
j)
Retail Store, Mail Order
Store
gross floor area
k)
Theatre
1 space for each 30 seats
l)
Taxi Stand
1 space per vehicle
m)
Billiard Hall, Poolroom
1 space per table
n)
Nursing Home
1 space for each 3 beds
o)
Furniture Store or
Appliance Store having
180 or more square metres
of gross floor area
1 space for each 90 square metres
of gross floor area
p)
Grocery Store having
360 or more square metres
of gross floor area
1 space for each 20 square metres
of gross floor area
124
10.3
q)
Wholesaling Establishment,
Service and/or Repair Shop,
or any permitted industrialtype use not otherwise
specified herein
The greater of
i) 1 space for each 40 square metres of
gross floor area or
ii) 1 space for each 2 employees on the
maximum working shift
r)
Day Nursery
s)
Government Buildings
or Government Office
t)
All other offices
1 space for each 23 square metres of gross
floor area
u)
Business establishment,
place of recreation not
otherwise specified herein
1 space for each 20 square metres of gross
floor area
1 space for each staff member plus 3
visitor spaces
gross floor area plus spaces for a place of
assembly, if any, according to the
requirements for a place of assembly
ii)
The parking area requirement referred to therein shall not apply to any building
lawfully existing on the date of passing of this by-law or to any permitted
replacement of an existing building which is destroyed by forces beyond the
owner’s control so long as the floor area as it existed on such date is not increased
and the building or structure is used for a purpose which does not require more
parking spaces according to this section than were required by its use on the date
of passing of this by-law. However, if a use is changed or a building enlarged in
floor area or there is an increase in the number of employees, number of dwelling
units or seating capacity or otherwise as would require an additional number of
parking spaces, then such additional parking spaces shall be provided to the
number required for such change;
iii)
Required parking spaces shall be either on the lot for which such parking is
required or on a lot any part of which is within 100 metres therefrom and which is
held under the same ownership and is within the C1 zone;
iv)
Parking spaces may be closer than 1 metres to a lot line.
EXCEPTIONS
The specific regulations contained in this subsection (10.3) shall apply to the area or
areas defined below.
125
10.3.1 DEFINED AREA C1-1 as shown on Map 2, Schedule “A” of this By-law.
a)
Permitted Uses
The uses permitted in subsection 10.1.1 of this By-law.
b)
Permitted Building and Structures
The buildings and structures for the permitted use.
c)
Zone Provisions
All lot and building requirements for land zoned C1-1 shall be in accordance with
the following:
Minimum Lot Area
no requirement
no requirement
Minimum Yard Dimensions For Main Buildings:
Front
Rear Yard
Side Yard
Exterior Side Yard
30 metes
2 metres
4 metres
6 metres
10 metres and 1 storey
Maximum Required Parking
39 spaces
The yard requirements for accessory buildings and structures shall be in
accordance with subsection 5.19 of this By-law.
10.3.2 DEFINED AREA C1-2 (Deleted by By-law 15-1989)
a)
Permitted Uses
An office use in an existing single-family dwelling.
b)
Buildings and structures for the permitted use.
c)
Minimum No. of Parking Spaces Required
5 spaces
126
SECTION 11 HIGHWAY COMMERICAL (C2) ZONE REGULATIONS
11.1
No person shall within the C2 zone use any lot or erect, alter or use any building or
a)
sales and service establishments related to automobiles, recreational vehicles, and
farm and garden equipment;
b)
automobile service stations, washing establishments or body shops;
c)
restaurants, taverns, hotels and motels;
d)
personal service shops;
e)
retail establishments;
f)
offices and financial institutions;
g)
bulk sales and wholesale establishments;
h)
lumber yards and building supplies centres;
i)
j)
tradesman’s shops and contractor’s yards;
k)
warehousing;
l)
laundromats;
m)
accessory uses to the foregoing permitted uses including retail and office uses.
a)
b)
accessory buildings and structures for the permitted uses.
127
a)
i)
ii)
500 square metres
15 metres
b)
c)
i)
ii)
iii)
iv)
11.2
Area
Frontage
50% (includes accessory buildings
and structures)
Front
Rear
Interior Side
Exterior Side
15 metres
10 metres
4 metres
15 metres
d)
Minimum Floor Area
no requirements
e)
Maximum Height of
10 metres
regulations shall apply to certain specific uses permitted in subsection 11.1.
No outside storage of goods or materials shall be permitted in the front yard or in any
yard which abuts a Residential zone.
11.2.2 REGULATIONS FOR USES ABUTTING A RESIDENTIAL ZONE
a)
Residential zone,
b)
no parking or loading space shall be located in a required side or rear yard
adjacent to any Residential zone.
128
11.3
EXCEPTIONS
defined below:
a)
Permitted Uses
A professional office and accessory uses in addition to the other uses permitted in
b)
c)
Zone Provisions
All lot and building requirements shall be in accordance with subsection 11.1.3
and 11.2 of this By-law.
11.3.2 NOT IN USE SEE BY-LAW 15-1996
11.3.2a)DEFINED AREA C2-2 as shown on Map 3, Schedule “A” of this By-law.
a)
Permitted Uses
One supermarket with a maximum floor area of 5800 square metres and
associated in-store uses including a pharmacy, photo processing facilities and
automatic banking machines.
b)
c)
Zone Provisions
i)
Minimum Lot Area
2 hectares
ii)
125 hectares
iii)
35%
129
iv)
Minimum Front Yard
25 metres
v)
Minimum Rear Yard
9 metres
vi)
10 metres
vii)
25 metres
viii) Maximum Height of Buildings
and Structures
d)
10 metres
Notwithstanding any other requirements of this By-law to the contrary, a
minimum of 1 parking spaces shall be provided for every 18 square metres of
floor area.
11.3.3 DEFINED AREA C2-3 as shown on Map , Schedule “A” of this By-law.
a)
Permitted Uses
b)
c)
Zone Provisions
11.3.4 DEFINED AREA C2-4, as shown on Map 4, Schedule “A” of this By-law.
a)
Permitted Uses
A place of worship or those uses permitted in Subsection 11.1.1 of this by-law,
being those uses of the Highway Commercial (C2) zone, including accessory
uses, but shall not be both at the same time.
b)
c)
Zone Provisions
All lot and building requirements shall be in accordance with Subsection 11.1.3
11.3.5 DEFINED AREA C2-5(H), as shown on Map 9, Schedule “A” of this By-law
a)
Permitted Uses
130
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
b)
service establishments related to automobiles, recreational vehicles and
automobile service stations and washing establishments;
restaurants, taverns, hotels, and motels;
personal service shops;
retail establishments;
offices and financial institutions;
places of amusement, entertainment or recreation;
laundromats
accessory uses to the foregoing permitted uses include retail and office
uses.
c)
Zone Provisions
All lot and building requirements shall be in accordance with subsection 11.1.3 of
this By-law, except that the interior side yard setback for the lands abutting the
Chrysler Canada Greenway shall be 10 metres.
d)
Other Provisions
a.
Parking & Loading Requirements
All parking and loading requirements shall be in accordance with subsection 5.21
thru subsection 5.24 of this by-law.
b.
Site Plan Approval
All development of this property shall be subject to site plan approval, including
parking, landscaping, signage and accessory structures.
c.
Upon removal of the Holding (H) provision, all other provisions applying
to lands zoned C2 shall also apply to lands zoned C2-5.
131
SECTION 12 HIGHWAY COMMERICAL HOLDING C2 (h) ZONE REGULATIONS
12.1
Within the C2 (h) zone, no person shall use any lot or erect, alter or use any building or
a)
uses existing on the date of passing of this by-law;
b)
uses accessory to the uses existing on the date of the passing of this By-law.
12.1.2 PERMITTED BUILDINGS AND STRUCTURES
a)
b)
a)
i)
Area
500 square metres
ii)
Frontage
15 metres
b)
c)
d)
35% (includes accessory buildings)
i)
Front
15 metres
ii)
Rear
10 metres
iii)
Interior Side
4 metres
iv)
Exterior Side
15 metres
Maximum Height of
132
10 metres
12.2
(none at this time)
12.3
EXCEPTIONS
(none at this time)
133
SECTION 13 SHOPPING CENTRE COMMERICAL (C3) ZONE REGULATIONS
13.1
a)
one supermarket with a maximum gross floor area of 2530 square metres and one
of either a bank or other financial institution with a maximum gross floor area of
280 square metres;
b)
the uses permitted in subsection 11.1.1 of this By-law;
c)
accessory uses for the above permitted uses.
a)
buildings and structures for the permitted uses including a shopping centre;
b)
a)
i)
Area
500 square metres
ii)
Frontage
15 metres
b)
50%
c)
(see subsection 5.20 for accessory buildings provisions)
i)
Front
15 metres
ii)
Rear
10 metres
iii)
Interior Side
4 metres
iv)
Exterior Side
15 metres
134
d)
13.2
Maximum Height of
10 metres
(none at this time)
13.3
EXCEPTIONS
(none at this time)
135
SECTION 14 HIGHWAY COMMERCIAL/INDUSTRIAL (C4) ZONE REGULATIONS
14.1
a)
sales and service establishments related to automobiles, recreational vehicles and
b)
automobile service stations, washing establishments or body shop;
c)
restaurants, taverns, hotels and motels;
d)
e)
f)
tradesman’s shops and contractors yards;
g)
h)
warehousing;
i)
light manufacturing;
j)
accessory uses for the above permitted uses including retail and office uses
accessory to one of the permitted uses.
a)
b)
a)
i)
Area
500 square metres
ii)
Frontage
15 metres
136
b)
c)
(see subsections 5.19 for accessory building provisions)
d)
14.2
i)
Front
15 metres
ii)
Rear
10 metres
iii)
Interior Side
4 metres
iv)
Exterior Side
15 metres
Maximum Height of
10 metres
14.2.2 REGULATIONS FOR C4 USES ABUTTING A RESIDENTIAL ZONE
14.3
a)
Residential zone;
b)
no parking or loading space shall be located in a required side yard or rear yard
adjacent to any Residential zone.
EXCEPTIONS
(none at this time)
137
SECTION 15 HIGHWAY COMMERCIAL/INDUSTRIAL HOLDING C4 (h) ZONE
REGULATIONS
15.1
a)
b)
uses accessory to uses existing on the date of the passing of this By-law.
a)
b)
15.1.3 ZONE PROVISIONS FOR MAIN BUILDINGS
(see subsection 5.19 for accessory building provisions.)
a)
i)
Area
500 square metres
ii)
Frontage
15 metres
b)
c)
d)
i)
Front
15 metres
ii)
Rear
10 metres
iii)
Interior Side
4 metres
iv)
Exterior Side
15 metres
Structures
138
15.2
(none at this time)
15.3
EXCEPTIONS
(none at this time)
139
SECTION 16 WATERFRONT COMMERCIAL (C5) ZONE REGULATIONS
(TITLE CHANGED BY BY-LAW 62-1989)
16.1
16.1.1 PERMITTED USES (62-1989)
a)
retail stores;
b)
restaurants, taverns, motels, hotels;
c)
d)
existing single family dwellings;
e)
accessory uses for the above permitted uses including one dwelling unit per main
building.
a)
b)
accessory buildings and structures for the permitted uses including accessory
dwelling units as part of the main building.
a)
i)
Area
500 square metres
ii)
Frontage
15 metres
b)
c)
i)
Front
15 metres
ii)
Rear
no requirement
140
d)
16.2
iii)
Interior Side
4 metres
iv)
Exterior Side
15 metres
Maximum Height of
10 metres
(none at this time)
16.3
EXCEPTIONS
defined below:
a)
Other Permitted Uses
A maximum of fifteen (15) apartment dwelling units located within the existing
building, in addition to the uses permitted in the C5 zone as indicated in
b)
The existing buildings and structures in addition to the buildings and structures
for the permitted uses in subsection 16.1.1 of this By-law.
c)
Zone Provisions
All lot and building requirements for the permitted uses shall be in accordance
with subsection 16.1.3 of this By-law except that the Minimum Front Yard
Dimension shall be 10 metres.
(EXISTED THEN NEW BY BY-LAW 17-1989 TO READ THE SAME)
a)
Permitted Uses
A warehouse facility, one dwelling unit and the uses permitted in subsection
16.1.1 of this By-law.
141
b)
Notwithstanding any other provisions of this by-law to the contrary, a take out
restaurant may be allowed in a trailer, situated on the site and subject to site plan
control. (MOVED BY BY-LAW 17-1989)
c)
Zone Provisions
All lot and building requirements for the warehouse shall be as they existed on the
date of passing of this By-law. The lot and building requirements for all other
permitted uses shall be in accordance with subsections 16.1.3. and 16.2 of this
By-law. All other provisions that pertain to lands zoned C5 shall also apply to
lands zoned C5-2; except that the minimum front yard shall be 4.5 metres, the
minimum rear yard shall be 0 metres, the minimum interior side yard shall be 1.5
metres, the exterior side yard shall be 3 metres and the maximum building height
shall be 10 metres and 3 stories.
d)
(DELETED BY BY-LAW 17-1989)
a)
Permitted Uses
A scale-house operation and the uses permitted in subsection 16.1.1 of this Bylaw.
b)
c)
Zone Provisions
142
SECTION 17 INDUSTRIAL (M1) ZONE REGULATIONS
17.1
Within the M1 zone, no person shall use any lot or erect, alter or use any building or
a)
industrial uses including both light manufacturing and heavy manufacturing uses
in accordance with subsections 17.2.1 of this By-law;
b)
the uses permitted in the Highway Commercial (C2) Zone as indicated in
c)
d)
transport and freight terminals;
e)
tradesman’s shops and contractors’ yards;
f)
storage and handling yards for goods, materials and products delivered or to be
delivered by commercial carriers, water and/or land;
g)
lumber yards and building supplies sales establishments;
h)
any use related to fishing and/or boating/shipping;
i)
warehousing;
j)
service shops;
k)
automobile service stations, washing establishments or body repair shops;
l)
uses accessory to the above permitted uses including retail and office uses
accessory to a permitted use.
a)
b)
accessory buildings and structures for the permitted uses, including accessory
dwelling units, retail areas or office areas.
143
a)
i)
Area
500 square metres
ii)
Frontage
15 metres
b)
c)
d)
17.2
i)
Front
15 metres
ii)
Rear
10 metres or 15 metres where the
yard abuts a Residential zone
iii)
Interior Side
4 metres or 15 metres where the yard
abuts a Residential zone
iv)
Exterior Side
15 metres
and Structures
10 metres
17.2.1 YARD SETBACKS FOR HEAVY MANUFACTURING USES
Notwithstanding any other provisions of this By-law, where a heavy manufacturing use is
to be constructed in the M1 zone, the following minimum yard setbacks shall apply:
a)
Front Yard
15 metres plus buffering and landscaping in
accordance with the required site plan
agreement
b)
Rear Yard
15 metres or 30 metres where the yard abuts
a residential zone plus buffering and
landscaping in accordance with the required
site plan agreement
144
c)
Side Yard
15 metres or 30 metres where the yard abuts
a Residential zone plus buffering and
landscaping in accordance with the required
site plan agreement
d)
Exterior Side Yard
15 metres plus buffering and landscaping in
accordance with the required site plan
agreement.
17.3
EXCEPTIONS
defined below:
17.3.1 DEFINED AREA M1-1 as shown on Map 12, Schedule “A” of this By-law.
a)
Permitted Uses
Only the existing uses and the storage of materials used for fishing but does not
include the storage of fish or fish products.
b)
c)
Zone Provisions
Notwithstanding any other provisions of this By-law to the contrary, on those
lands zoned M1-1 there are no lot frontage or area requirements nor are there any
yard requirements except that no part of any building or structure shall be built
closer than one and one-half (1.5) metres to any lot line.
17.3.2 DEFINED AREA M1-2 (Engineering Office), as shown on Map 12, Schedule “A” of this
By-law.
(NEW BYBY-LAW 15-1994)
a)
Permitted Uses
A general or professional office and accessory uses in addition to the uses
permitted in subsection 17.1.1 of this By-law.
145
b)
c)
Zone Provisions
and 17.2 of this By-law, except that the minimum front, rear and side yard
requirements shall be as follows:
i)
Minimum Front Yard
7 metres
ii)
Minimum Rear Yard
3 metres
iii)
Minimum South Side Yard
1.8 metres
iv)
Minimum North Side Yard
3 metres
17.3.2 DEFINED AREA M1-2 (Action Hobbies), as shown on Map 12, Schedule “A” of this By-law.
(PER BY-LAW 33-2008)
a)
Permitted Uses
The uses permitted in subsection 17.1.1 of this By-law except that heavy
manufacturing uses, transport and freight terminals and storage and handling
yards for goods, materials and products delivered or to be delivered by
commercial carriers, water and/or land are prohibited.
b)
c)
Zone Provisions
and 17.1.2 of this By-law.
d)
Other
Any development of the subject property is subject to site plan control.
146
SECTION 18 INDUSTRIAL HOLDING M1(h) ZONE REGULATIONS
18.1
Within the M1 (h) zone, no person shall use any lot or erect, alter or use any building or
a)
b)
uses accessory to uses existing on the date of the passing of this By-law.
a)
building and structures for the permitted uses;
b)
a)
i)
Area
500 square metres
ii)
Frontage
15 metres
b)
c)
d)
i)
Front
15 metres
ii)
Rear
10 metres
iii)
Interior Side
4 metres
iv)
Exterior Side
15 metres
Maximum Height of
10 metres
(see subsections 5.17 for exceptions)
147
18.2
(none at this time)
18.3
EXCEPTIONS
(none at this time)
148
SECTION 19 INSITUTIONAL (I) ZONE REGULATIONS
19.1
Within the I zone, no person shall use any lot or erect, alter or use any building or
a)
churches;
b)
cemeteries;
c)
schools;
d)
day nurseries;
e)
community or cultural centres;
f)
libraries and other cultural institutions;
g)
police or fire stations;
h)
government or other public offices;
i)
service organizations;
j)
utility facilities including offices;
k)
a)
b)
a)
i)
Area
500 square metres
ii)
Frontage
15 metres
149
b)
c)
d)
19.2
35% (include accessory buildings)
i)
Front
7 metres
ii)
Rear
7 metres
iii)
Side
7 metres
iv)
Exterior Side
7 metres
Maximum Height of
10 metres
(none at this time)
19.3
EXCEPTIONS
defined below:
19.3.1 DEFINED AREA I-1 as shown on Map 5, Schedule “A” of this By-law.
a)
Permitted Uses
A church and cemetery and accessory uses for the foregoing permitted uses.
b)
c)
Zone Provisions
and 19.2 of this By-law, except there shall be no minimum exterior side yard
requirement.
150
d)
Other Requirements
Lands zoned I-1 shall be exempt from the requirements of subsection 5.21,
Parking Requirements. All other provisions pertaining to lands zoned I shall also
apply to lands zoned I-1.
19.3.2 DEFINEDAREA I-2 as shown on Map 1, Schedule “A” of this By-law.
a)
Permitted Uses
A church and accessory uses to the foregoing permitted use, including offices, a
meeting hall, meeting rooms, classrooms, washroom facilities, and kitchen
facilities.
b)
c)
Zone Provisions
d)
i)
Minimum Lot Area
2575 square metres
ii)
50 metres
iii)
70 percent
iv)
Minimum Front Yard
1 metre
v)
Minimum Rear Yard
no requirement
vi)
9 metres
vii)
no requirement
viii)
and Structures
10 metres
Other Provisions
Notwithstanding any other provision of this By-law to the contrary, a minimum of
8 parking spaces shall be provided in the I-2 zone. All other requirements
pertaining to lands zoned I shall apply to lands zoned I-2.
151
19.3.3 DEFINED AREA I-3, as shown on Map 7, Schedule “A” of this By-law.
a)
Permitted Uses
Those uses permitted under subsection 19.1.1 to this By-law.
b)
c)
Zone Provisions
and 19.1.3 of this By-law except that the side yard setback for the south east
corner of the church hall shall be as it existed on the date of adoption of this Bylaw.
19.3.4 DEFINED AREA I-4, as shown on Map 1, Schedule “A” of this By-law.
a)
Permitted Uses
A Parking Lot
b)
c)
Zone Provisions
All lot requirements shall be they existed on the date of the passing on this bylaw. All building requirements shall be in accordance with the approved site plan
for the subject property.
152
SECTION 20 RECREATIONAL (RE) ZONE REGULATIONS
20.1
Within the RE zone, no person shall use any lot or erect, alter or use any building or
a)
private and public parks;
b)
sports playing fields;
c)
conservation areas;
d)
private and public clubs;
e)
recreation or community centres;
f)
accessory uses.
a)
b)
a)
i)
Area
500 square metres
ii)
Frontage
15 metres
b)
c)
i)
Front
7 metres
ii)
Rear
7 metres
153
d)
20.2
iii)
Side
7 metres
iv)
Exterior Side
7 metres
and Structures
10 metres
(none at this time)
20.3
EXCEPTIONS
defined below:
20.3.1 DEFINED AREA RE-1 as shown on Map 12, Schedule “A” of this By-law.
a)
Permitted Uses
A public or private marina and accessory uses, in addition to the uses permitted in
the RE zone as indicated in subsection 20.1.1 of this By-law.
b)
c)
Zone Provisions
All lot and building requirements for the permitted uses shall be in accordance
with subsections 20.1.3 and 20.2 of this By-law.
154
SECTION 21 WATERCOURSE PROTECTION (WC) ZONE REGULATIONS
21.1
Within the WC zone, no person shall use any lot or erect, alter or use any building or
a)
conservation or wildlife management areas;
b)
Existing buildings and structures only as well as structures for erosion and/or flooding
control and municipal pumping stations.
21.2
(none at this time)
21.3
EXCEPTIONS
(none at this time)
155

Town of Kingsville Zoning By-law 6

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