Zoning By-law - City of Orillia

Transcription

Zoning By-law - City of Orillia
OFFICE CONSOLIDATION
RESTRICTED AREA BY-LAW
2005-72, AS AMENDED
CAUTION:
All persons making use of this consolidation are reminded that this document has no
legal status, that the amendments to By-law 2005-72 which have been incorporated
herein are so incorporated only for convenience of reference, and that the original Bylaw (2005-72) and all original amendments thereto or certified copies thereof, should be
consulted for all purposes of interpretation and application of the law.
NOTES:
1. This consolidation includes all amendments up to and including Number 137 (Bylaw 2013-106) which was passed August 15, 2013.
CITY OF ORILLIA
BY-LAW NUMBER 2005-72
ZONING BY-LAW
Being a By-law, pursuant to Section 34 of the Planning Act, R.S.O. 1990, as amended, to
regulate the use of land, the location and use of buildings or structures, the type of construction
and the height, bulk, size, floor area, spacing, character and minimum opening elevations of
buildings or structures and the provision of parking and loading area facilities in the City of
Orillia.
WHEREAS it is considered desirable to control the use of land, the erection and use of
buildings or structures in defined areas of the CITY OF ORILLIA in accordance with Section 34
of the Planning Act, R.S.O. 1990, as amended, and in conformity with the Official Plan of the
City of Orillia;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ORILLIA
ENACTS THE FOLLOWING BY-LAW:
TABLE OF CONTENTS
PART 1 - TITLE AND AREA AFFECTED..................................................................................................... 1
1.1
1.2
1.3
1.4
TITLE ........................................................................................................................................... 1
AREA AFFECTED ....................................................................................................................... 1
ZONE AND GENERAL PROVISIONS ......................................................................................... 1
APPENDICES .............................................................................................................................. 1
PART 2 - DEFINITIONS................................................................................................................................ 2
PART 3 - GENERAL PROVISIONS............................................................................................................ 23
3.1 ACCESSORY BUILDINGS, STRUCTURES AND USES .......................................................... 23
3.2 DAYLIGHTING/SIGHT TRIANGLES ......................................................................................... 25
3.3 ESTABLISHED BUILDING LINE ............................................................................................... 25
3.4 EXISTING BUILDINGS, STRUCTURES AND USES ................................................................ 25
3.5 FENCES .................................................................................................................................... 27
3.6 FRONTAGE ON PUBLIC STREET ........................................................................................... 27
3.7 HEIGHT EXCEPTION................................................................................................................ 27
3.8 HOLDING SYMBOL (H)............................................................................................................. 28
3.9 HOME OCCUPATIONS AND HOME INDUSTRIES.................................................................. 28
3.10 LANDSCAPING ......................................................................................................................... 29
3.11 LOT AREA AND FRONTAGE LESS THAN REQUIRED .......................................................... 29
3.12 MOTOR VEHICLE SERVICE STATIONS AND FUEL BARS .................................................... 30
3.13 MULTIPLE LOTS ........................................................................................................................ 30
3.14 MULTIPLE USES ....................................................................................................................... 30
3.15 MULTIPLE ZONES ON A LOT .................................................................................................. 30
3.16 PARKING AND LOADING FACILITIES ..................................................................................... 30
3.17 PUBLIC USES PERMITTED ..................................................................................................... 37
3.18 REDUCTION OF REQUIREMENTS ......................................................................................... 37
3.19 SERVICES ................................................................................................................................. 37
3.20 SPECIAL SETBACKS OR RESTRICTIONS ............................................................................. 37
3.21 TEMPORARY USES PERMITTED ............................................................................................ 39
3.22 UNENCLOSED STORAGE OF UNLICENCED MOTOR VEHICLES ........................................ 40
3.23 USE OF BASEMENT OR CELLAR ............................................................................................ 40
3.24 MINIMUM APARTMENT UNIT SIZE .......................................................................................... 40
PART 4 - ZONES AND ZONING MAPS ..................................................................................................... 41
4.1
4.2
4.3
4.4
ZONES....................................................................................................................................... 41
ZONING MAP ............................................................................................................................ 41
SPECIAL EXCEPTIONS ............................................................................................................ 41
TEMPORARY HOLDING ZONES ............................................................................................. 42
PART 5 - ENVIRONMENTAL PROTECTION (EP) ZONE ......................................................................... 43
5.1
5.2
5.3
USES PERMITTED ................................................................................................................... 43
ZONE PROVISIONS.................................................................................................................. 43
ENVIRONMENTAL PROTECTION EXCEPTION ZONES ........................................................ 43
PART 6 - COMMUNITY FACILITY (CF) ZONE ......................................................................................... 45
6.1
6.2
6.3
USES PERMITTED ................................................................................................................... 45
ZONE PROVISIONS.................................................................................................................. 45
COMMUNITY FACILITY EXCEPTION ZONES ......................................................................... 46
PART 7 - RURAL (R) ZONE ....................................................................................................................... 49
7.1
7.2
7.3
USES PERMITTED ................................................................................................................... 49
ZONE PROVISIONS.................................................................................................................. 49
RURAL EXCEPTION ZONES.................................................................................................... 49
DELETED
BY BYLAW
2005-130
PART 8 - HERITAGE RESIDENTIAL (HR) ZONE ..................................................................................... 50
8.1
8.2
8.3
USES PERMITTED ................................................................................................................... 50
ZONE PROVISIONS.................................................................................................................. 50
HERITAGE RESIDENTIAL EXCEPTION ZONES ..................................................................... 51
PART 9 - FIRST DENSITY RESIDENTIAL (R1) ZONE ............................................................................. 52
9.1
9.2
9.3
USES PERMITTED ................................................................................................................... 52
ZONE PROVISIONS.................................................................................................................. 52
FIRST DENSITY RESIDENTIAL EXCEPTION ZONES ............................................................ 53
PART 10 - SECOND DENSITY RESIDENTIAL (R2) ZONE ...................................................................... 55
10.1 USES PERMITTED ................................................................................................................... 55
10.2 ZONE PROVISIONS.................................................................................................................. 55
10.3 SECOND DENSITY RESIDENTIAL EXCEPTION ZONES ....................................................... 56
PART 11 - THIRD DENSITY RESIDENTIAL (R3) ZONE ........................................................................... 60
11.1 USES PERMITTED ................................................................................................................... 60
11.2 ZONE PROVISIONS.................................................................................................................. 60
11.3 THIRD DENSITY RESIDENTIAL EXCEPTION ZONES............................................................ 61
PART 12 - FOURTH DENSITY RESIDENTIAL (R4) ZONE....................................................................... 65
12.1 USES PERMITTED ................................................................................................................... 65
12.2 ZONE PROVISIONS.................................................................................................................. 65
12.3 FOURTH DENSITY RESIDENTIAL EXCEPTION ZONES ....................................................... 66
PART 13 - FIRST DENSITY MULTIPLE RESIDENTIAL (RM1) ZONE ..................................................... 71
13.1 USES PERMITTED ................................................................................................................... 71
13.2 ZONE PROVISIONS.................................................................................................................. 71
13.3 FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION ZONES.......................................... 72
PART 14 - SECOND DENSITY MULTIPLE RESIDENTIAL (RM2) ZONE ................................................ 86
14.1 USES PERMITTED ................................................................................................................... 86
14.2 ZONE PROVISIONS.................................................................................................................. 86
14.3 SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION ZONES..................................... 87
PART 15 - RESIDENTIAL MOBILE HOME (RMH) ZONE ......................................................................... 97
15.1 USES PERMITTED ................................................................................................................... 97
15.2 ZONE PROVISIONS.................................................................................................................. 97
15.3 RESIDENTIAL MOBILE HOME EXCEPTION ZONES .............................................................. 98
PART 15A - WEST RIDGE RESIDENTIAL ............................................................................................... 99
PART 15A.1 - WEST RIDGE RESIDENTIAL 1 (WRR1) ZONE ................................................................. 99
15A.1.1 USES PERMITTED ............................................................................................................ 99
15A.1.2 ZONE PROVISIONS ............................................................................................................. 99
PART 15A.2 - WEST RIDGE RESIDENTIAL 2 (WRR2) ZONE ................................................................. 99
15A.2.1 USES PERMITTED ............................................................................................................... 99
15A.2.2 ZONE PROVISIONS ............................................................................................................. 99
PART 15A.3 - WEST RIDGE RESIDENTIAL 3 (WRR3) ZONE ............................................................... 100
15A.3.1 USES PERMITTED ............................................................................................................. 100
15A.3.2 ZONE PROVISIONS ........................................................................................................... 100
PART 15A.4 - WEST RIDGE RESIDENTIAL 4 (WRR4) ZONE ............................................................... 100
15A.4.1 USES PERMITTED ............................................................................................................. 100
15A.4.2 ZONE PROVISIONS ........................................................................................................... 101
15A.4.3 WEST RIDGE RESIDENTIAL 4 EXCEPTION ZONES....................................................... 101
PART 15A.5 - STREETSCAPE PROVISIONS (WRR1, WRR2, WRR3 AND WRR4) ............................ 101
PART 15A.6 - WEST RIDGE RESIDENTIAL MULTIPLE 1 (WRRM1) ZONE ......................................... 102
15A.6.1 USES PERMITTED ............................................................................................................. 102
15A.6.2 ZONE PROVISIONS ........................................................................................................... 102
PART 15A.7 - WEST RIDGE RESIDENTIAL MULTIPLE 2 (WRRM 2) ZONE ........................................ 102
15A.7.1 USES PERMITTED ............................................................................................................. 102
15A.7.2 ZONE PROVISIONS ........................................................................................................... 103
PART 16 - GENERAL COMMERCIAL (C1) ZONE .................................................................................. 104
16.1 USES PERMITTED ................................................................................................................. 104
16.2 ZONE PROVISIONS................................................................................................................ 104
16.3 GENERAL COMMERCIAL EXCEPTION ZONES ................................................................... 105
PART 17 - NEIGHBOURHOOD COMMERCIAL (C2) ZONE................................................................... 108
17.1 USES PERMITTED ................................................................................................................. 108
17.2 ZONE PROVISIONS................................................................................................................ 108
17.3 NEIGHBOURHOOD COMMERCIAL EXCEPTION ZONES .................................................... 109
PART 17A - HOSPITAL COMMERCIAL (HC) ZONE .............................................................................. 115
17.A.1 USES PERMITTED ............................................................................................................... 115
17.A.2 ZONE PROVISIONS ............................................................................................................. 116
17.A.3 HOSPITAL COMMERCIAL EXCEPTION ZONES ................................................................ 117
PART 18 - SPECIAL PURPOSE COMMERCIAL (C3) ZONE ................................................................. 118
18.1 USES PERMITTED ................................................................................................................. 118
18.2 ZONE PROVISIONS................................................................................................................ 118
18.3 SPECIAL PURPOSE COMMERCIAL EXCEPTION ZONES................................................... 119
PART 19 - TOURIST COMMERCIAL (C4) ZONE.................................................................................... 127
19.1 USES PERMITTED ................................................................................................................. 127
19.2 ZONE PROVISIONS................................................................................................................ 127
19.3 TOURIST COMMERCIAL EXCEPTION ZONES..................................................................... 128
PART 20 - SHOPPING CENTRE COMMERCIAL (C5) ZONE................................................................. 129
20.1 USES PERMITTED ................................................................................................................. 129
20.2 ZONE PROVISIONS................................................................................................................ 129
20.3 SHOPPING CENTRE COMMERCIAL EXCEPTION ZONES.................................................. 130
PART 21 - POWER CENTRE COMMERCIAL (C6) ZONE ...................................................................... 131
21.1 USES PERMITTED ................................................................................................................. 131
21.2 ZONE PROVISIONS................................................................................................................ 132
21.3 POWER CENTRE COMMERCIAL EXCEPTION ZONES ....................................................... 132
PART 21A - WEST RIDGE COMMERCIAL ............................................................................................. 135
21A.1 WEST RIDGE COMMERCIAL (WRC1) ............................................................................. 136
21A.1.1 USES PERMITTED ............................................................................................................. 136
21A.1.2 ZONE PROVISIONS ........................................................................................................... 136
PART 22 - SPECIAL INDUSTRIAL (M1) ZONE ...................................................................................... 136
22.1 USES PERMITTED ................................................................................................................. 136
22.2 ZONE PROVISIONS................................................................................................................ 136
22.3 SPECIAL INDUSTRIAL EXCEPTION ZONES ........................................................................ 137
PART 23 - RESTRICTED INDUSTRIAL (M2) ZONE ............................................................................... 140
23.1 USES PERMITTED ................................................................................................................. 140
23.2 ZONE PROVISIONS................................................................................................................ 140
23.3 RESTRICTED INDUSTRIAL EXCEPTION ZONES ................................................................. 141
PART 24 - GENERAL INDUSTRIAL (M3) ZONE..................................................................................... 143
24.1 USES PERMITTED ................................................................................................................. 143
24.2 ZONE PROVISIONS................................................................................................................ 143
24.3 GENERAL INDUSTRIAL EXCEPTION ZONES ....................................................................... 144
PART 25 - EXTRACTIVE INDUSTRIAL (M4) ZONE ............................................................................... 146
25.1 USES PERMITTED ................................................................................................................. 146
25.2 ZONE PROVISIONS................................................................................................................ 146
25.3 EXTRACTIVE INDUSTRIAL EXCEPTION ZONES ................................................................. 146
PART 26 - DISPOSAL INDUSTRIAL (M5) ZONE .................................................................................... 148
26.1 USES PERMITTED ................................................................................................................. 148
26.2 ZONE PROVISIONS................................................................................................................ 148
26.3 DISPOSAL INDUSTRIAL EXCEPTION ZONES ..................................................................... 148
PART 27 - HOLDING ZONE ..................................................................................................................... 149
27.1 HOLDING EXCEPTION ZONES ............................................................................................ 149
PART 28 - TEMPORARY USE ZONE ...................................................................................................... 153
28.1 TEMPORARY USE EXCEPTION ZONES .............................................................................. 153
PART 29 - INTERPRETATION ................................................................................................................. 154
29.1
29.2
29.3
29.4
29.5
29.6
29.7
SCOPE .................................................................................................................................... 154
SYMBOLS ................................................................................................................................ 154
DEFINED ................................................................................................................................. 154
INTERPRETATION OF ZONE BOUNDARIES ........................................................................ 154
MEASUREMENT ..................................................................................................................... 155
ABBREVIATIONS .................................................................................................................... 155
COMPLIANCE WITH OTHER LAWS ...................................................................................... 155
PART 30 - ADMINISTRATION AND VALIDITY ....................................................................................... 156
30.1
30.2
30.3
30.4
30.5
30.6
ENFORCEMENT ..................................................................................................................... 156
INSPECTION OF PREMISES ................................................................................................. 156
CONTINUATION OF EXISTING REGULATIONS ................................................................... 156
VIOLATION PENALTY ............................................................................................................ 156
REPEAL OF EXISTING ZONING BY-LAWS ........................................................................... 157
VALIDITY ................................................................................................................................. 157
APPENDIX – A (Metric Conversions) ............................................................................................... 158
APPENDIX – B (Victorian Architectural Styles) ................................................................................ 159
APPENDIX – C (Zoning Amendments) ............................................................................................ 162
1
PART 1 - TITLE AND AREA AFFECTED
1.1
TITLE
1.1.1
1.2
1.3
AREA AFFECTED
1.2.1
Schedule “A” and Schedule “B” hereto, with the notations, zone
boundaries, symbols and references shown thereon illustrates the area to
which this By-law applies and is hereby declared to be part of this By-law.
The lands affected by this By-law may hereinafter be referred to as the
"area zoned".
1.2.2
No land shall be used, lot created and no building or structure shall be
erected, located or altered, or used in whole or in part except in
conformity with the provisions of this By-law.
ZONE AND GENERAL PROVISIONS
1.3.1
1.4
This By-law shall be known as the "Zoning By-law” for the City of Orillia.
The quantitative provisions of this By-law shall be held to be the
"minimum" (min.) requirements except where the word "maximum" (max.)
is used in which case the maximum requirement shall apply.
APPENDICES
1.4.1
The Appendices attached hereto do not form part of this by-law and are
provided for the purposes of information only.
2
PART 2 - DEFINITIONS
In this By-law, unless the context otherwise requires, the terms below shall have the meanings
assigned to them as follows:
ACCESSORY BUILDING means a detached building or structure, other than a swimming pool,
on the same lot as the main building, which is devoted exclusively to an accessory use.
ACCESSORY USE means a use subordinate and naturally, customarily and normally incidental
to a main use of land, building or structure and located on the same lot.
ALTER when used in reference to a building, structure or part thereof, means:
(a)
(b)
(c)
(d)
to change any one or more of the internal or external dimensions of such
building or structure; or
to change the use of such building or structure; or
to change the number of uses or dwelling units contained therein; or
to change the elevation of an exterior opening of a building or structure.
ALTER when used in reference to a lot means:
(a)
(b)
(c)
to change any dimension or area, relating to such lot, which is required within
this By-law including lot coverage, setbacks, parking, lot grading and
landscaping; or
to change the use of such lots; or
to change the number of uses located thereon.
ANIMAL HOSPITAL OR VETERINARY CLINIC means a building or part thereof in which
facilities are provided for the treatment or prevention of disease and injury to animals where
shelter may be provided within the building during the period of treatment.
ATTACHED means a building otherwise complete in itself, which depends for structural
support, or complete enclosure, upon a division wall or walls shared in common with an
adjacent building or buildings.
ATTIC means the portion of a building situated wholly or in part within the roof, but shall not
include a storey or a half-storey.
AUTOMOBILE REPAIR SHOP - see "Motor Vehicle Repair Shop".
AUTOMOBILE SERVICE STATION - see "Motor Vehicle Service Station".
AUTOMOBILE WASHING ESTABLISHMENT - see "Motor Vehicle Washing Establishment".
BASEMENT means that portion of a building between two floor levels which is partly below
grade but which has more than one-half of its height from finished floor to underside of the floor
joists of the storey next above, above the average finished grade.
BED AND BREAKFAST ESTABLISHMENT means an owner occupied private residential
dwelling which is the owner’s principal residence, in which the owner has complete control of
the environment. It provides temporary accommodation for guests not exceeding twenty-eight
consecutive days. A bed and breakfast establishment shall have no more than four guest
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rooms and accommodate no more than ten persons including owners and provides amenities
and services auxiliary to guest accommodation including the preparation and serving of
breakfast for an all inclusive fee.
BILLIARD LOUNGE means a building or premises where the principal use shall be a billiard
games room or rooms, which may include a licensed restaurant and other recreational activities
excluding live entertainment and dancing.
BLOCK means all land fronting on one side of a street between the nearest streets,
intersecting, meeting or crossing the aforesaid street.
BOARDING, LODGING OR ROOMING HOUSE means a dwelling unit, which is designed, or
intended to provide lodging for more than four (4) persons in return for remuneration, or for the
provision of service or for both, and in which the individual lodging rooms do not have both
washroom facilities and cooking facilities, but shall not include a retirement home or retirement
lodge.
BOAT HOUSE means a detached accessory building or structure which is designed or used for
the sheltering of a watercraft or other form of water transportation and may include accessory
use for storage of household equipment incidental to the residential occupancy but shall not
include habitable rooms.
BODY SHOP - see "Motor Vehicle Body Repair Shop".
BUILDING means any structure whether temporary or permanent, used or built for the shelter,
accommodation or enclosure of persons, animals, materials, chattels or equipment other than a
lawful boundary wall or fence. Any tent, awning, bin, bunk or platform, vessel or vehicle used
for any of the said purposes shall be deemed a "building". When used herein as a reference to
a use of a "building", it may also be interpreted to be the use of a part of a "building".
BUILDING, MAIN means the building in which is carried on the principal purpose for which the
lot is used and in a residential zone the dwelling is the main building.
BUILDING AREA - See "Floor Area"
BUILDING BY-LAW means any "Building By-law" within the meaning of the Building Code Act,
R.S.O. 1992.
BUILDING SUPPLY OUTLET means a retail or wholesale store for the sale of building
materials, products or accessories and which may include a lumberyard and ancillary outside
storage of materials.
BUSINESS, PROFESSIONAL OR ADMINISTRATIVE OFFICE means a building or part of a
building in which one or more persons are employed in the management, direction or
conducting of a business or where professionally qualified persons and their staff serve clients
or patients who seek advice, consultation or treatment and shall include the administrative
offices of a non-profit or charitable organization, a branch bank, trust company or other financial
institution.
BY-LAW ENFORCEMENT OFFICER means an official or an employee of the Municipality from
time to time charged by the Corporation with the duty of administering and enforcing the
provisions contained herein.
4
CABIN, PRIVATE means a building for sleeping, containing no cooking or sanitary facilities and
which is an accessory use to a dwelling unit.
CELLAR means that portion of a building between two floor levels which is partly or entirely
underground but has more than one-half of its height, from finished floor to underside of floor
joists of the storey next above, below average finished grade.
CEMETERY means a cemetery or columbarium within the meaning of the Cemeteries Act of
Ontario, R.S.O. 1990, as amended.
CERTIFICATE OF ZONING COMPLIANCE means an Occupancy Certificate issued by the
Municipality, under the authority of the Planning Act R.S.O. 1990 as amended, stating that the
building, structure or use conforms to the provisions of this By-law.
CITY means the Corporation of the City of Orillia.
CLUB means an organization or association of persons, whether incorporated or not, united
with some common interest in undertaking or supporting social, cultural and recreational
programs and shall also mean, where the context requires, a premises owned or occupied by
the members of such an association within which the activities of the members, or supported by
the organization, are conducted.
COLLEGE OR UNIVERSITY means an educational facility for post secondary education and
may include student residences or dormitories.
COMMITTEE OF ADJUSTMENT means the "Committee of Adjustment" for the City as
constituted by By-law of the Council pursuant to Section 44 of the Planning Act, R.S.O. 1990,
as amended.
COMMUNITY CENTRE means any tract of land, or building or buildings or any part of any
buildings used for community activities, including recreational and institutional uses, with
commercial uses incidental thereto, and the control of which is vested in the municipality, local
board or agent thereof.
CONDOMINIUM means the ownership of individual units in a multiple unit structure with
common elements in which:
(a)
(b)
(c)
the unit comprises not only the space enclosed by the unit boundaries but all
material parts of the land within the space;
the common elements means all the property except the units; and
the common element is owned by all of the owners as tenants in common.
CONSERVATION USE means a use, which preserves, protects or improves any feature of the
natural environment through a program of maintenance and management administered by a
public authority, private group or individual.
CORPORATION means the Corporation of the City of Orillia.
COUNCIL means the Municipal "Council" of the Corporation of the City of Orillia.
COVERAGE, LOT - See "Lot Coverage"
5
CRISIS CARE CENTRE means a building or part thereof used to provide temporary residence
for persons requiring immediate emergency shelter and aid for a short period of time. The
maximum number of occupants shall be 12 persons, exclusive of staff.
CUSTOM WORKSHOP means a building or part thereof used by a person or persons for the
manufacture, in small quantities, of made to measure clothes or articles and shall include
upholstering, repair, refinishing of antiques and other art objects, but shall not include metal
spinning, furniture manufacturing and the like.
DAY NURSERY means a "day nursery" as defined by the Day Nurseries Act, R.S.O. 1990, as
amended.
DRIVEWAY means an entrance, path or means of egress, designed for vehicular travel to or
from a privately or publicly owned property onto a street, road or highway.
DRY CLEANING DEPOT means a building or portion thereof used for the purpose of receiving
articles or goods or fabric to be subjected to the process of dry cleaning, dying or cleaning
elsewhere and distribution of any such articles or goods which have been subjected to any such
process.
DRY CLEANING ESTABLISHMENT means a building, or portion thereof, where dry cleaning,
dyeing, cleaning or pressing of articles or goods or fabric is carried on where only nonflammable solvents are or can be used, no odour or fumes are emitted and no noise or
vibration is created which is discernible beyond the limits of the same lot.
DWELLING means a building, occupied or capable of being occupied as a home, residence or
sleeping place by one or more persons, containing one or more dwelling units.
DWELLING UNIT means one or more habitable rooms, located within a building which is
designed, or intended to house one or more persons living together as a single household unit,
in which both washroom facilities and cooking facilities are provided for the exclusive and
common use of the occupants of the dwelling unit, and has access provided by a private
entrance from outside the building or from a common hallway or stairway inside the building.
DWELLING, APARTMENT means a dwelling unit in a building containing five or more dwelling
units which units have a common entrance from the ground level and the occupants of which
have the right to use in common, halls and/or stairs and/or elevators and yards.
DWELLING, CONVERTED means a dwelling altered to make a greater number of dwelling
units and which dwelling was erected prior to the passing of this By-law.
DWELLING, DOUBLE DUPLEX means a building that consists of two duplexes attached to
each other, each of which has an independent entrance either directly or through a common
vestibule.
DWELLING, DUPLEX means a building that is divided horizontally into two dwelling units each
of which has an independent entrance either directly or through a common vestibule.
DWELLING, FOURPLEX means a double duplex, or a building containing only two stories
exclusive of the basement divided vertically into four dwelling units, each one of which has two
6
complete walls in common with adjoining units and an independent entrance either directly or
through a common vestibule.
DWELLING, LINK SEMI-DETACHED means 2 dwelling units each of which has a separate
independent entrance directly from the outside, which dwelling units are attached below finished
grade by a wall.
DWELLING, LINK TOWNHOUSE means a building that is divided vertically into three or more
dwelling units, each of which has independent entrances, from the outside, and which dwelling
units are attached above or below finished grade by a wall.
DWELLING, MAISONETTE means a building that is divided into three or more dwelling units,
each of which has independent entrances, one to a common corridor and the other directly to
the outside yard area adjacent to the said dwelling unit.
DWELLING, MULTIPLE means a building, which is not otherwise defined herein, that is
designed, intended and used for occupancy by three or more households living independently
of one another.
DWELLING, ROW-HOUSE - see "Dwelling Townhouse"
DWELLING, SEMI-DETACHED means a building that is divided vertically into two dwelling
units each of which has an independent entrance either directly or through a common vestibule.
DWELLING, SINGLE DETACHED means a completely detached dwelling unit, but shall not
include a mobile home.
DWELLING, SINGLE SEASONAL DETACHED means a single detached dwelling used for
vacation and seasonal recreation purposes, that is not used for continuous habitation as a
permanent residence.
DWELLING, SPLIT LEVEL means a dwelling in which the first floor above finished grade is so
constructed as to create two or more different levels, the vertical distance between such levels
being always less than the full storey. For the purpose of this By-law, a split level dwelling shall
be considered as a 1-storey dwelling.
DWELLING, TOWNHOUSE means a building that is divided vertically into three or more
dwelling units, each of which has independent entrances, to a front and rear yard immediately
abutting the front and rear walls of each dwelling unit.
DWELLING, TRIPLEX means a building that is divided horizontally into three separate dwelling
units each of which has an independent entrance either directly from the outside or through a
common vestibule.
ERECT means to build, construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing shall be taken to include any preliminary physical operation such as
excavating, grading, piling, cribbing, filling, draining or structurally altering any existing building
or structure by an addition, deletion, enlargement or extension.
ESTABLISHED BUILDING LINE means that where one or two lots remain between existing
buildings, which are not more than 90 m apart on the same street frontage of the same block,
the established building line shall be the line connecting the front main walls of the said existing
7
buildings. Where more than two vacant lots remain between existing buildings the established
building line shall be as specified by the zone provisions for the applicable zone except for lots
abutting the existing building, where the established building line shall be the average between
the set-back established by the existing building and the requirement of the applicable zone
provisions. The minimum front yard setback for an addition to a building located on a lot which
is between abutting lots which contain buildings shall be established by a line connecting the
front main walls of the buildings on the said abutting lots.
EXISTING means legally "existing" as of November 15, 2010.
FACTORY OUTLET means a building or part of a building where the products manufactured by
an industry, located on the same lot, are kept for wholesale or retail sale, and which does not
exceed fifteen percent of the gross floor area of the building within which the industry is located.
FARM PRODUCE OUTLET means a use accessory to an agricultural use which consists of the
retail sale of agricultural products, raised, grown or processed by the property owner or an
agricultural operation conducted on the farm.
FAST FOOD FACILITY, MOBILE means a trailer or vehicle which has been modified, in
accordance with the requirements of the Simcoe District Health Unit, for the purposes of the
preparation and sale of fast foods.
FLOOD PLAIN means an area adjoining, or in proximity to a watercourse or water body, which
has been, or may be, covered by flood water from time to time as a result of precipitation, snow
melt or a combination thereof and includes all land below an elevation of 220.5 metres
Canadian Geodetic Datum.
FLOOD PROOFING means any combination of engineered structural modifications,
incorporated into the design, construction or reconstruction of individual buildings and
structures, and/or the alteration, relocation or controlled placement of development on a
property, so as to avoid, reduce or eliminate flood damages and/or hazardous flood conditions.
FLOOR AREA, GROSS means the aggregate of the horizontal areas of each floor whether any
such floor is above or below grade, measured between the exterior faces of the exterior walls of
the building or structure at the level of each floor. For the purposes of residential dwelling units,
"Gross Floor Area" shall be the total floor area of the dwelling unit exclusive of any garage,
carport, basement or cellar or attic.
FLOOR AREA, GROSS LEASABLE means the total floor area of a commercial or industrial
building or structure exclusive of any internal common areas and/or common mechanical or
service rooms.
FRONTAGE, LOT - See "Lot Frontage"
GARAGE, PRIVATE means an enclosed structure accessory to a residential use for the
storage of one or more motor vehicles in which no business, occupation or service is conducted
for monetary gain.
GARAGE, PUBLIC means a building other than a private garage which is used for the servicing
and minor repairing or equipping essential to the actual operation of motor vehicles or where
such vehicles are parked or stored for remuneration, hire or sale, but not including the repairing
of motor vehicle bodies.
8
GARDEN AND NURSERY SUPPLY OUTLET means a building, structure or lot for the growing
or displaying of flowers, fruits, vegetables, plants, shrubs, trees or other vegetation which is
sold to the public at retail and may also include the sale or rental of such goods, products or
equipment normally associated with gardening or landscaping.
GRADE means the average elevation of the finished ground level adjacent to the wall or walls
in question.
GUESTROOM means a room or suite of rooms, which may contain facilities for cooking, and
which are used or maintained for the accommodation of an individual or individuals to whom
hospitality is extended for compensation.
HABITABLE ROOM means a room in a dwelling used or intended to be used primarily for
human occupancy and shall include any room designed for living, sleeping, eating or preparing
food.
HEALTH AND/OR FITNESS CLUB means a building or part thereof which is used for the
purpose of a gymnasium, massage room, steam room, fitness room or swimming pool.
HECTARE, GROSS means the total land area of a lot before conveyance or dedication of road
allowances, park and school sites or other lands for public purposes.
HECTARE, NET means the total land area of a lot after conveyance or dedication of road
allowances, park and school sites or other lands for public purposes.
HEIGHT means the vertical distance on a main building or structure between the finished grade
at the front of the building, and
(a)
(b)
(c)
(d)
the highest point of the roof surface, or the parapet, whichever is the greater, of a
flat roof; or
the eave of a gabled, hip, gambrel or mansard roof, or other type of pitched roof of a
building located in the HR or C1 zones; or
the mean level between eaves and ridge of a gabled, hip, gambrel or mansard roof,
or other type of pitched roof in any other zone.
In calculating the "height" of a building or structure, roof constructions such as
bulkheads, penthouses, and similar construction enclosing equipment or stairs
and which are less than 6 m in height and do not occupy more than 30 percent
of the area of the roof upon which they are located, and any ornamental roof
construction such as towers, steeples or chimneys shall be disregarded.
HEREAFTER means after the date of the passing of any applicable provision of this By-law.
HEREIN means in this By-law, and shall not be limited to any particular section of this By-law.
HIGH WATER MARK means the highest elevation of the water surface of a body of water or a
watercourse, including seasonal flooding, as evidenced by changes in shoreline vegetation or
residual water marks left on buildings, structures, vegetation or other shoreline features as a
result of flood events.
HOME FOR THE AGED means a "home" within the meaning of the Homes for the Aged and
Rest Homes Act, R.S.O. 1990, as amended, which is operated by the City or an agent of the
9
City or a "charitable home for the aged" as defined by the Charitable Institutions Act, R.S.O.
1990, as amended.
HOME IMPROVEMENT SUPPLY OUTLET means a retail or wholesale store for the sale of
home improvement products and accessories within a wholly enclosed building and having only
limited outdoor product display area.
HOME INDUSTRY means an accessory use, for gainful employment, of part of a dwelling, or
an accessory building, for a small scale, dry, light industrial use which is secondary to and
compatible with a domestic household in a Rural Zone and is carried out solely by members of
the household residing in the dwelling on a year round basis.
HOME OCCUPATION means an accessory use of part of a dwelling for gainful employment
secondary to and compatible with a domestic household in Residential and Rural Zones and
which is carried on by members of the household residing in the dwelling unit
HOTEL means a tourist establishment containing therein guestrooms served by a common
entrance, generally from the street level. Accessory uses may include accommodation for
permanent staff, a beverage room, dining room, meeting rooms and conference and
recreational facilities.
HOTEL, APARTMENT means a hotel except that not more than 50% of the rooms therein may
contain facilities for cooking.
HOUSEHOLD means one or more persons who share occupancy of a dwelling unit as a
separate and independent housekeeping establishment.
INDUSTRY, DRY means an industry which does not require the consumption or use of water or
the discharge of industrial liquid wastes, wash or cooling water or process waste as part of the
industrial process and which requires the disposal of only the domestic wastes of employees.
INDUSTRY, HEAVY means an industry, assembly, manufacturing, or processing plant which is
land intensive or predominantly conducted in an open or unenclosed space or which by their
nature, including volume of truck traffic, use of hazardous or flammable materials, the
discharge of noise, odours or particulate matter require extensive buffering. Examples of such
uses are aggregate processing operations, steel mills, steel fabricating, metal or rubber
recovery plants, foundries, pesticide manufacturing, refineries and bulk fuel storage facilities.
INDUSTRY, LIGHT means an industry which is conducted and wholly contained within an
enclosed building the operation of which does not produce emissions of noise, smoke, odour,
particulate matter or vibration which is detectable beyond any lot line. Examples of such uses
are light assembly, laboratories, electronics, warehousing and industrial malls.
INDUSTRY, MEDIUM means an industry, assembly, manufacturing or processing plant which is
predominantly conducted within a wholly enclosed building but which may also involve open
storage. Examples of such uses are sheet metal, plastic, fibreglass or wood fabricating, motor
vehicle body shops and food processing facilities.
INFRASTRUCTURE means physical structures which form the foundation for development and
include sewage and water lines and pumping stations, storm water management ponds and
drains, electric power transmission lines and transformers, communication transmission lines
and relay towers, transit or transportation corridors and appurtenant facilities, oil and gas
10
pipelines and appurtenant facilities and recycling drop off sites. Infrastructure does not include
any related administrative facility, building or structure nor does it include land, buildings or
structures for treatment of water, sewage or wastes, production of electric power, production of
communication transmissions, or the production of oil or gas.
ISLAND means a piece of land completely surrounded by water having no access to the
mainland via a causeway, bridge or any other physical connection capable of transferring motor
vehicles.
KENNEL means a place, whether enclosed or not, where dogs or cats are kept for purposes of
breeding, boarding or commercial purposes.
LANDSCAPED BUFFER STRIP means the landscaped area abutting the lot lines(s).
LANDSCAPED OPEN SPACE means the open space at grade on a lot accessible by walking,
from the street on which the lot is located, and used exclusively for landscaping and includes
any surfaced walk, patio or similar area but does not include any driveway or ramp, any curb,
retaining wall, parking space or any open space contained within or upon any building or
structure.
LANDSCAPING means any combination of trees, shrubs, flowers, grass or other horticultural
elements, decorative stonework, paving, screening, fencing, or other architectural elements, all
of which are designed to enhance the visual amenity of a property or to provide a screen to
mitigate any objectionable aspects that may detrimentally affect adjacent land. For the
purposes of this definition a deck that is no more than 0.3 m above grade at its highest point
shall be considered a landscape element.
LANEWAY means a thoroughfare which affords access to abutting lots.
LAUNDROMAT means a building or part thereof in which the laundry business is conducted by
means of one or more coin-operated washers and dryers, and drying, ironing, finishing and
incidental equipment and in which only water and detergents or soaps are or can be used and
includes a dry cleaning depot.
LIBRARY means a building or part of a building in which a collection of printed, pictorial, audio
or visual equipment or material, resources, and services, are housed for the purpose of study or
recreation and is organized for use and maintained by a public body, an institution, or a private
individual.
LOADING SPACE means an unencumbered area of land which is provided and maintained on
the same lot upon which the principal use is located and which area is provided for the
temporary parking of one commercial motor vehicle while merchandise or materials are being
loaded or unloaded from such vehicle.
LODGE means a tourist establishment providing temporary accommodation to people engaged
in hunting, fishing, recreational activities and the vacationing public by providing meals and
sleeping accommodation containing guest rooms or cottages, but shall not include any
establishment otherwise defined or classified herein.
LODGING ROOM means a room designed or intended to be used for sleeping
accommodations provided for individuals in return for remuneration, or for the provision of
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service or for both. A lodging room may contain washroom facilities, but shall not include
cooking facilities.
LOT means a parcel or tract of land, the title of which is legally conveyable as a separate
parcel.
LOT, CORNER means a lot situated at the intersection of two streets or two parts of the same
street of which the two adjacent sides upon the street line or street lines includes an angle of
not more than 135 degrees or where such adjacent sides are curved, the angle included by the
adjacent sides shall be deemed to be the angle formed by the intersection of the tangents to
the street lines drawn through the extremities of the interior lot lines.
LOT, INTERIOR means a lot other than a corner or a through lot.
LOT, ISLAND means a lot fronting on a body of water being part of or encompassing the whole
island, whether or not occupied by a building or structure.
LOT, LIMITED SERVICE means a lot fronting only on a private right-of-way.
LOT, THROUGH means a lot bounded on two opposite sides by streets provided, however, that
if any lot qualifies as being both a "corner lot" and a "through lot" as defined, such lot shall be
deemed to be a corner lot.
LOT AREA means the total horizontal area within the lot lines of a lot excluding the horizontal
area of such lot below the normal water level of any abutting body of water.
LOT COVERAGE means that percentage of the lot area covered by all buildings or structures
or portions thereof above ground level.
LOT DEPTH means the horizontal distance between the front and rear lot lines. If the front and
rear lot lines are not parallel, "lot depth" means the length of a straight line joining the middle of
the front lot line with the middle of the rear lot line. When there is no rear lot line, "lot depth"
means the length of a straight line joining the middle of the front lot line with the apex of the
triangle formed by the side lot lines.
LOT FRONTAGE means the horizontal distance between the side lot lines measured along the
front lot line, abutting an improved public street or lane providing vehicular access to the lot or
in the case of an island lot the lot line abutting the shoreline. Where the front lot line is not a
straight line, or where the side lot lines are not parallel, the "lot frontage" is to be measured by a
line equal to the minimum front yard measured back from and parallel to the chord of the "lot
frontage" and for the purpose of this paragraph, the chord of the "lot frontage" is a straight line
joining the two points where the side lot lines intersect the front lot line, and a sight triangle shall
be considered part of the lot for the purposes of calculating the "lot frontage". In the case of a
corner lot the shorter of the frontages shall be deemed the "lot frontage".
LOT LINE means any boundary of a lot.
LOT LINE, EXTERIOR means a side lot line which abuts the street on a corner lot.
LOT LINE, FLANKAGE - See “LOT LINE, EXTERIOR”
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LOT LINE, FRONT means, except in the case of a corner lot, through lot or limited service lot,
the line dividing the lot from the street. In the case of a corner lot, the shorter boundary line
abutting the street shall be deemed the "front lot line". In the case of a through lot or a corner
lot, where each of such lot lines are of equal length, the "front lot line" shall be established by
the placement of the front entrance to the building. In the case of a limited service lot, the
shorter boundary abutting the private right-of-way shall be deemed the “front lot line”. In the
case of a lot fronting on to a private right-of-way the lot line adjacent to the right-of-way shall be
deemed to be the “front lot line”. In the case of an island lot, the shore lot line shall be deemed
to be the front lot line.
LOT LINE, REAR means the lot line farthest from or opposite to the front lot line. In the case of
a through lot, the "rear lot line" shall mean the "rear lot line" as established in the block by prior
construction.
LOT LINE, SHORE means any lot line or portion thereof which abuts a lake, river or canal.
LOT LINE, SIDE means a lot line other than a front or rear lot line.
MARINA means a building, structure or place containing docking facilities and located on a
navigable waterway where watercraft and watercraft accessories are berthed, stored, serviced,
repaired or kept for sale and where facilities for the sale of marine fuels and lubricants may be
provided.
MARINA, DRY-LAND means a building, structure, or place where watercraft and watercraft
accessories are stored, serviced, repaired or kept for sale.
MEDICAL CLINIC means a building or portion thereof where members of the health profession,
dentists, chiropractors, osteopaths, physicians or therapists provide diagnosis and treatment to
the general public without overnight accommodation and may include reception areas, offices,
coffee shop, offices for consultation, laboratory, X-ray, minor operating rooms and a pharmacy.
MINI STORAGE UNITS means a building or structure comprised of individual storage facilities,
available for rent by the public, for the storage of non-hazardous property, goods, materials or
substances.
MOBILE HOME means a detached dwelling unit built to CSA Standards and designed for
transportation, after fabrication, on streets on its own wheels or on a flatbed or other trailer,
arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy
(except for minor and incidental unpacking and assembling operations) located on wheels,
jacks or permanent foundations, and which may be connected to utilities and sanitary services,
but shall not include a modular home.
MOBILE HOME PARK means an establishment comprising land or premises under single
ownership designed and intended for residential use where residence is exclusively for two or
more mobile homes, but does not include a trailer camp or park.
MOBILE HOME SITE means a parcel of land within a mobile home park used to accommodate
one mobile home and for the exclusive use of the lessee or tenant of such area.
MODULAR HOME means a single detached dwelling, constructed to CSA Standards, which
has been fabricated in two or more sections which cannot function independently from one
another and are designed for transportation on streets on a flatbed or other trailer. Upon arrival
13
at the site, the sections are placed on a foundation and are assembled to form one complete
dwelling unit and generally are not intended to be dismantled and relocated.
MOTEL means a tourist establishment containing guestrooms, each of which has a separate
entrance from outside the building. Accessory uses may include accommodation for permanent
staff, a beverage room, dining room, meeting room, and recreational facilities for the guests.
MOTOR VEHICLE means an automobile, truck, motorcycle, and any other vehicle propelled or
driven otherwise than by muscular power, but does not include vehicles running only upon rails,
a motorized snow vehicle, all terrain vehicles (ATV's), farm tractor, self-propelled implement of
husbandry or road building machine within the meaning of the Highway Traffic Act, R.S.O.
1990, as amended.
MOTOR VEHICLE, COMMERCIAL means any motor vehicle having permanently attached
thereto a truck or delivery body and without limiting the generality of the foregoing includes:
ambulances, hearses, fire apparatus, buses and tractors used for hauling purposes on the
highways.
MOTOR VEHICLE, UNLICENCED means a motor vehicle which is unregistered for the current
year under the Highway Traffic Act, R.S.O. 1990, as amended.
MOTOR VEHICLE BODY SHOP means a building or structure used for the painting or
repairing of motor vehicle bodies, and in conjunction with which there may be towing service
and motor vehicle rentals for customers while the motor vehicle is under repair, but shall not
include any other establishment otherwise defined or classified in this By-law.
MOTOR VEHICLE FUEL BAR means one or more pump islands, each containing one or more
motor fuel pumps and may include a kiosk and/or a convenience store but shall not include any
other establishment otherwise defined or classified in this By-law.
MOTOR VEHICLE REPAIR SHOP means a building or structure where the exclusive service
performed or executed on motor vehicles for compensation shall include the installation of
exhaust systems, repair and installation of the electrical systems, transmissions, engines,
brakes, radiators, tires as well as rustproofing, motor vehicle diagnostic centre, other major and
minor mechanical repairs or similar uses and in conjunction with which there may be a towing
service, but shall not include motor vehicle body repairs, any exterior storage of parts or
materials, other uses or activities defined or classified in this By-law, the repair of industrial
vehicles such as bulldozers, dump trucks, caterpillar tractors, graders or heavy farm equipment
such as fourwheel drive tractors and combines.
MOTOR VEHICLE SALES ESTABLISHMENT means a building or part thereof and/or lot used
for the display and sale of new and/or used motor vehicles, automotive accessories and related
products and the leasing or renting of motor vehicles, but shall not include any other automotive
use defined in this By-law.
MOTOR VEHICLE SERVICE STATION means a building or part thereof used for the retail sale
of lubrication oils, motor fuels, motor vehicle accessories and may include the servicing and
minor repairing essential to the actual operation of motor vehicles but excluding a motor vehicle
washing establishment or motor vehicle sales establishment.
14
MOTOR VEHICLE WASHING ESTABLISHMENT means a building or part thereof used for the
operation of motor vehicle washing equipment which is automatic, semi-automatic and/or coin
operated.
MOTORIZED RECREATIONAL VEHICLE means any motor vehicle so constructed as to be a
self-contained, self-propelled unit, capable of being utilized for the temporary living, sleeping or
eating accommodation of persons.
MOTORIZED SNOW VEHICLE means a "motorized snow vehicle" within the meaning of the
Motorized Snow Vehicles Act, R.S.O. 1990, as amended.
MUNICIPAL SEWERS means sanitary sewers supplied by the Municipality, a public utilities
commission or a municipal authority.
MUNICIPAL WATER means water supplied by the Municipality, a public utilities commission or
a municipal authority.
MUNICIPALITY means the Corporation of the CITY OF ORILLIA.
MUSEUM means a building that is established for the purpose of acquiring, conserving,
studying, interpreting, assembling and exhibiting to the public for its instruction and enjoyment,
a collection of artifacts of historical interest.
NON-COMPLYING means a lot, building or structure that does not comply with the regulations
and performance standards of the implementing Zone contained herein and such lot, building or
structure, exists as of November 15, 2010.
NON-CONFORMING USE means the use or activity in respect of any land, buildings or
structures which is not within the list of permitted uses set out in this By-law for the zone in
which such land, buildings or structures exist.
NURSERY SCHOOL - See “Daycare Centre”
NURSING HOME means a "nursing home" within the meaning of the Nursing Homes Act,
R.S.O. 1990, as amended.
OUTDOOR LIVING AREA means an outdoor area with direct access from an adjacent dwelling
unit which area is screened by a privacy fence to provide a private area for the exclusive use of
the residents of the adjacent dwelling unit.
OUTDOOR STORAGE means storage outside of a building or structure.
OUTLET, RETAIL means a single retail store, in excess of 1000 sq. m of leaseable floor area,
that specializes in or offers for sale a line of merchandise aimed at one particular segment of
the retail market and commonly referred to as a big box store.
PARK, PRIVATE means any open space or recreational area, other than a public park,
containing such uses as swimming pools, wading pools, refreshment rooms, tennis courts,
bowling greens, gardens, golf courses, ski areas or similar open space uses. This definition
shall not include a mobile home park or trailer camp.
PARK, PUBLIC means an area devoted to recreational and open spaces uses and used for:
15
(a)
passive forms of recreational uses which may include a picnic area, walking trail,
swimming area, greenhouse, zoological gardens, botanical garden, or like or similar uses;
or
(b)
active forms of recreational uses which may include a baseball diamond, soccer pitch,
docks, tennis courts, outdoor ice rinks, swimming pool, fair grounds, athletic fields, field
houses, bleachers, bandstands, or other like or similar uses; or
(c)
special events which may include, without limiting the generality of the foregoing, social or
cultural events, and the temporary display of goods, wares, merchandise, substances,
foodstuffs, commodities or articles of a similar kind and the temporary retail sale of goods,
wares, merchandise, substances, foodstuffs, commodities or articles of a similar kind to
the general public.
PARKING LOT means an open area, other than a street, used for the temporary parking of two
or more motor vehicles and available for public use whether free, for compensation or as an
accommodation for clients, visitors, customers or residents.
PARKING SPACE means a defined area exclusive of driveways or aisles, for the temporary
parking or storage of motor vehicles and which has adequate access to permit ingress or
egress of a motor vehicle to and from a street by means of driveways, aisles, manoeuvring
areas or similar areas, no part of which is used for the temporary parking or storage of one or
more motor vehicles.
PERMITTED means "permitted" by this By-law.
PERSON means an individual, association, firm, partnership, corporation, trust, incorporated
company, organization, trustee or agent, and the heirs, executors or other legal representatives
of a "person" to whom the context can apply according to law.
PIT, SAND AND GRAVEL means a "pit" as defined by the Aggregate Resources Act, R.S.O.
1990.
PLACE OF ASSEMBLY means a building, or part thereof, in which facilities are provided for
such purposes as meeting for civic, educational, political, religious, social, recreational or
athletic purposes and may include a banquet hall, a charitable or service club and a private
club.
PLACE OF WORSHIP means a building dedicated to religious worship and may include
accessory uses such as a nursery school, convent, monastery, religious retreat, or hall or
auditorium.
PREMISES means the area of a building or part thereof and/or land or part thereof used for
residential or business purposes. In a multiple tenancy building, occupied by more than one
business or dwelling unit, each area shall be considered a separate "premises".
PUBLIC AUTHORITY means Federal, Provincial or Municipal agencies, and includes any
commission, board, authority or department established by such agencies and includes any
telephone company, power utility, cable television system and natural gas piped distribution
system.
16
PUBLIC SERVICE means a use of land for the health, safety and convenience of the general
public. A public service shall include police, ambulance or fire stations, libraries, water
treatment plants, water reservoir, community centres, recreational facilities, public
administrative facilities but shall not include works depots or yards, waste disposal, waste
processing or waste transfer sites.
PUBLIC USE means a use of land, buildings or structures for infrastructure or a public service.
QUARRY means a "quarry" as defined by the Aggregate Resources Act, R.S.O. 1990, as
amended.
RECREATIONAL EQUIPMENT means a portable structure, vessel or vehicle that is designed
and built to be carried by a motor vehicle, or a unit designed and built to be transported or
operated under its own power or propelled power, for purposes of providing temporary
recreational living accommodations, recreation enjoyment, or travel, and shall include, for
example, motorized recreational vehicles, tourist trailers, watercraft, all terrain vehicles
(A.T.V’s), motorized snow vehicles, or any other like or similar equipment.
RECREATIONAL EQUIPMENT SERVICE ESTABLISHMENT means a building or structure
where watercraft, motorized snow vehicles, motorized recreational vehicles, trailers, tourist
trailers and other recreational equipment are serviced.
RECREATIONAL ESTABLISHMENT means a premise for recreational pursuits such as
billiards, bowling, curling, dancing, fitness, roller or ice skating, theatre or cinema.
RECREATIONAL TRAILS means a linear area of land set aside for public use in a built or
natural setting to promote recreational activities.
RECONSTRUCTION/RENOVATION means the repair or restoration of a building or structure
to an improved condition. For the purpose of this definition, reconstruction/renovation may
include the complete replacement of a building or structure.
RECYCLING DEPOT means enclosed or unenclosed premises for the sorting, processing, or
temporary storage of recyclable materials such as glass, tins, paper, plastic and other
non-hazardous recyclable materials but does not include unlicensed motor vehicles, trees, tires,
metal, salvage, liquids or hazardous wastes.
REGIONAL STORM FLOOD ELEVATION means the contour elevation based upon the
Geodetic Survey of Canada to which a water body and watercourse will rise during a Regional
Storm as defined by the Province.
RESTAURANT means a building or structure or part thereof where food is prepared and
offered for sale to the public for consumption within the building or structure, or where food is
sold and taken off the premises to be consumed elsewhere, but may include an accessory
drive-through restaurant.
RESTAURANT, DRIVE-THROUGH means a restaurant where customers order and pick up
food from their motor vehicle.
RETIREMENT HOME OR RETIREMENT LODGE means a dwelling unit, which is designed, or
intended to provide lodging and care for more than four (4) persons, living together as a single
17
household unit who may require some level or health care and/or meal service and in which the
individual lodging rooms do not have both cooking facilities and washroom facilities.
SALVAGE YARD means premises where goods and materials are processed for further use
and stored wholly or partly in the open and may include waste paper, rags, bottles, used
bicycles, tires, metal and/or other scrap material and salvage, a scrap metal yard, a motor
vehicle wrecking yard, and the ancillary retail or wholesale of rebuilt, refabricated or restored
parts or materials.
SCHOOL, COMMERCIAL means a school conducted for gain, including secretarial school,
language school, driving school, and the like but shall not include a day nursery.
SCHOOL, ELEMENTARY means an educational facility established under the jurisdiction of
the Ministry of Education for grade 8 or equivalent and under.
SCHOOL, NURSERY means the same as a Day Care Centre.
SCHOOL, SECONDARY means an educational facility established under the jurisdiction of the
Minister of Education for grade 9 or equivalent and above.
SEASONAL SALES USE means the use of land or a building or structure for the sale of
seasonal products such as farm produce and Christmas trees but does not include sale of nonperishable products.
SENIOR CITIZENS' HOME means any residential accommodation for senior citizens
sponsored and administered by any public agency or any service club, church or other
non-profit organization which obtains its financing from Federal, Provincial or Municipal
Governments or agencies, or by public subscription or donation, or by any combination thereof
and such homes shall include accessory uses such as recreational and lounge facilities, usually
associated with a senior citizens' development.
SERVICE OR REPAIR SHOP means a building or part thereof used primarily for the repair of
household articles and shall include electronic and electrical equipment, household machinery
and tools, and appliance repair shops but shall not include industrial, manufacturing or motor
vehicle repair shops.
SERVICE SHOP, PERSONAL means a building or part thereof in which persons are employed
in furnishing services and otherwise administering to the individual and personal needs of
persons, and without limiting the generality of the foregoing, may include hair styling and beauty
salons, tailor, shoe repair or seamstress shops, massage therapy and similar personal health
centres but excludes any manufacturing or fabrication of goods for sale.
SETBACK means the distance between a lot line or normal water level mark and the nearest
main wall of any building, structure, excavation or open storage use on the lot.
SEWER SYSTEM, MUNICIPAL means a municipally owned system of sewage collection.
SHOPPING CENTRE means a group of commercial establishments conceived, designed and
developed as a unit, in accordance with the provisions of this By-law and related in location,
size and type to the surrounding trade area which it services, as opposed to a business area
comprising unrelated individual commercial establishments.
18
SIGHT TRIANGLE means the area of visibility that is required to allow for the safe operation
and movement of vehicles, pedestrians and cyclists. This triangular area is required at the
intersection of any two (2) or more streets, or at the intersection of any public or private
driveway and a street.
SIGN means a sign within the meaning of the Corporation's Sign By-law.
SNACK BAR means a building, structure or part thereof wherein pre-packaged convenience or
confection food is retailed and which may also involve the preparation and sale of convenience
foods such as coffee, tea, soup, sandwiches, hamburgers, french fries, muffins and donuts.
STORE, CONVENIENCE means a retail store supplying groceries or other daily household
necessities to the immediately surrounding area and may include a portion of the floor area
used for a snack bar.
STORE, DEPARTMENT means a retail premise in which a wide range of goods, wares,
merchandise, substances, articles or things are offered or kept for sale directly to the public and
organized into a number of individual departments.
STORE, RETAIL means a building or part thereof in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale directly to the public and includes the
servicing, renting or leasing of goods or articles.
STOREY means that portion of a building, other than an attic, basement or cellar, included
between any floor level and the floor, ceiling or roof next above it. A storey shall include a
walkout basement.
STOREY, FIRST means the lowest storey of a building closest to finished grade having its
ceiling 1.2 m or more above average finished grade.
STOREY, HALF means the portion of a building situated wholly or in part within the roof and
having its floor level not lower than 1.2 m below the line where roof and outer wall meet and in
which there is sufficient space to provide a height between finished floor and finished ceiling of
at least 2.3 m over a floor area equal to at least 50 percent of the area of the floor next below.
STREET, ROAD OR HIGHWAY means a "highway" within the meaning of the Highway Traffic
Act, R.S.O. 1990, as amended, and shall include the entire right-of-way.
STREET ACCESS means that any lot having a lot line or portion thereof which is also a street
line shall be deemed to have "street access" provided that an entrance can be obtained by the
approval authority.
STREET, IMPROVED PUBLIC means a street, assumed by the City or Province which has
been constructed in such a manner so as to permit its use by normal vehicular traffic and
maintained to provide year-round access.
STREET LINE means the dividing line between a lot and a street.
STRUCTURAL ALTERATIONS means any change in the supporting members of a building
such as bearing walls, columns, beams, girders and partitions.
19
STRUCTURE means anything that is erected, built or constructed of parts joined together with
a fixed location on the ground, or attached to something having a fixed location in or on the
ground.
SWIMMING POOL means a structure which creates an artificial body of water, of more than 10
square metres in area, used for bathing, swimming or diving but shall not include ponds.
TAVERN means a building or premise other than a restaurant, hotel, motel, or tourist
accommodation, which is licensed under the Liquor License Act and which may also be
used for entertainment and dancing.
TAXI DISPATCH OFFICE means a building or premise used for the dispatching of
taxicabs and includes the parking of such vehicles but not the servicing or repair of
such vehicles.
TEA ROOM means a wholly enclosed building or structure, or part thereof, where sandwiches,
pastries, bakery goods and non-alcoholic beverages are served.
TOURIST ESTABLISHMENT means a building or buildings designed for the accommodation of
the travelling or vacationing public for gain or profit.
TOURIST TRAILER means any vehicle so constructed that it is suitable for being attached to a
motor vehicle for the purpose of being drawn or propelled by the said motor vehicle and
capable of being used for living, sleeping or eating accommodation. For the purposes of this
definition, a Tourist Trailer shall not include a mobile home.
TRAILER means any vehicle for the transport of watercraft, tents, motorized snow vehicles, all
terrain vehicles (A.T.V’s) or materials notwithstanding that such vehicle is jacked up or that its
running gear is removed.
TRAILER CAMP means an establishment, licensed by the authority having jurisdiction,
consisting of camping lots and comprising land used or maintained as grounds for the camping
or parking of tourist trailers, motorized recreational vehicles, truck campers or tents for
recreational or vacation use designed for seasonal use or occupancy only.
TRANSPORT TERMINAL means a building, structure or place where trucks or transports are
rented, leased, kept for hire, or stored or parked for remuneration, or from which trucks or
transports, stored or parked on the property, are dispatched for hire as common carriers, or
which is a bonded warehouse.
TRUCK CAMPER means any unit so constructed that it may be attached upon a motor vehicle,
as a separate unit and capable of being utilized for the temporary recreational living, sleeping or
eating.
USE means, when used as a noun, the purpose for which a lot or building or structure, or any
combination thereof is designed, arranged, intended, occupied or maintained and "uses" shall
have corresponding meanings. "Use" when used as a verb, "to use" or "used" shall have
corresponding meanings. The word "used" includes arranged, designed, or intended to be
used.
VICTORIAN CHARACTER means one of the following architectural styles:
20
• Queen Anne, characterized by asymmetrical facades, projecting bay windows,
turrets, broad gables or pediments, extensive use of decorative brick;
• Romanesque Revival, characterized by a variety of arches at windows, doors and
cornice, and usually constructed of red brick;
• Second Empire, characterized by symmetrical facades, mansard roof with straight,
convex, concave or a combination of the three profiles, round-headed windows
protected by wing-shaped roofs, pediment dormers, large windows, one or two panes
per sash, classical mouldings around doors & windows, casement doors, red brick with
buff brick quoins or corner pediments, bracketed eaves;
• Victorian Eclecticism, characterized by a mix of styles and architectural components,
bargeboard trim, multiple gables and chimney stacks, towers and irregular roof, finials
and brackets;
• Regency Cottage, characterized by symmetrical plans and elevations, single hip
canopy type roof, generous floor-to-ceiling windows, paired chimneys, wide entry
highlighted by neo-classical inspired frieze, door and window enframements, stucco or
brick;
• Ontario Gothic, characterized by storey and a half, central gable farmhouse,
vertically emphasized when possible, often board and batten cladding, crenellations,
red/brown brick;
• Italianate, characterized by tall, heavily moulded openings, deeply panelled double
doors, paired or tripled windows with round or semi-elliptical arches, deep mouldings in
wood or stone, heavy carved wooden brackets, broad eaves, corners often emphasized
by quoins;
• Gothic Revival, characterized by vertical emphasis when possible, can be board &
batten cladding, crenellations, brick, extra gables, pointed arches for windows and
entrances, porches with split posts & shallow roofs across front, profusion of carved and
turned woodwork, finials, decorated verge boards, polychrome brickwork heightened the
decorative effects;
• Commercial buildings will exhibit elements of classical features some without
columns or pilasters, often derived from Roman and Florentine prototypes they are
usually simple, plain colour, columnar type, elaborate façade, pilasters and arches,
decorated friezes and projecting cornices.
(Appendix “B”, which does not form part of this By-law, provides photographic
representations of these styles)
VISUAL SCREENING, HIGH LEVEL means trees which will attain a minimum height of 6 m at
maturity.
VISUAL SCREENING, LOW LEVEL means any combination of vegetation, trees or fencing
which will provide visual screening to a minimum height of 1.8 m.
WALL, END means a main wall that forms the side of a building.
WALL, FACE means a main wall that forms the front or rear of a building.
WALL, MAIN means the exterior front, side or rear wall of a building and shall include all
structural members essential to the support of a fully or partially enclosed space or roof, where
such members are nearer to a lot line than the said exterior wall.
WAREHOUSE means a building or portion of a building where wares or goods are stored, but
shall not include a retail store.
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WATER BODY shall mean to include a lake.
WATERCRAFT means any, vehicle or vessel designed to move across or through the water.
WATER LEVEL, NORMAL means the usual summer elevation of the water surface of a body
of water or a watercourse as maintained for navigational purposes, based upon the Geodetic
Survey of Canada as determined by the appropriate authority.
WATER SETBACK means a yard extending the full width of a lot between the normal water
level of lakes or rivers and the nearest main wall of any building, structure, excavation or open
storage use on the lot and "minimum water setback" means the minimum depth of a "water
setback" on a lot between the normal water level and the nearest main wall of any building,
structure, excavation or open storage use on the lot. Where a residential lot abuts a canal or
has water frontage along a side yard the water setback shall be equal to the yard requirement
of the zone in which it is located.
WATER SYSTEM, MUNICIPAL means a municipally owned system of water supply.
WATERCOURSE means the natural channel for a perennial or intermittent stream of water.
WATERWAY, NAVIGATIONAL means a river, canal, or other body of water serving as a route
or way of travel or transport.
WAYSIDE PIT OR QUARRY means a temporary pit or quarry opened and used by a public
road authority solely for the purpose of a particular project or contract of road construction and
not located on the road right-of-way.
YARD means an open, uncovered space on a lot appurtenant to a building (except a court) and
unoccupied by buildings or structures except as specifically permitted elsewhere in this By-law.
In determining "yard" measurements, the minimum horizontal distance from the respective lot
lines shall be used. Where a sight triangle is provided for a corner lot, the minimum "yard"
requirement from the hypotenuse of the sight triangle shall be the lesser of the "yards" required
along the exterior lot lines.
YARD, EXTERIOR SIDE means the side yard of a corner lot which side yard extends from the
front yard to the rear yard between the exterior lot line and the nearest main wall of the main
building or structure.
YARD, FRONT means a yard extending across the full width of a lot between the front lot line
and the nearest main wall of any building or structure on the lot and "minimum front yard"
means the minimum depth of a "front yard" on a lot between the front lot line and the nearest
main wall of the main building(s) or structure on the lot.
YARD, INTERIOR SIDE means a side yard other than an exterior side yard.
YARD, REAR means a yard extending across the full width of a lot between the rear lot line and
the nearest main wall of any building or structure on the lot and the “minimum rear yard” means
the minimum depth of a "rear yard" on a lot between the rear lot line and the nearest main wall
of the main building(s) or structure on the lot.
22
YARD, SIDE means a yard extending from the front yard to the rear yard of a lot between a
side lot line and the nearest main wall of any building or structure on the lot and "minimum side
yard" means the minimum width of a "side yard" on a lot between a side lot line and the nearest
main wall of the main building(s) or structure on the lot.
ZONE means a designated area of land use as shown on Schedule “A” and Schedule “B” to
this By-law and includes the corresponding provisions contained herein.
ZONING BY-LAW ADMINISTRATOR means an official or an employee of the Municipality from
time to time charged by the Corporation with the duty of administering and enforcing the
provisions contained herein.
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PART 3 - GENERAL PROVISIONS
3.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
3.1.1
PERMITTED USES
3.1.1.1
Where this By-law provides that land may be used or a building or structure may
be erected or used for a purpose, that purpose shall include any accessory
building or accessory use, but shall not include the following buildings and uses:
(a)
any occupation for gain or profit conducted within or accessory to a
dwelling unit or on the lot, except as in this By-law is specifically
permitted; or,
(b)
any building used for human habitation, except as in this By-law is
specifically permitted.
3.1.2
LOCATION
3.1.2.1
Except as otherwise provided herein or within a specific zone, any accessory
building shall only be erected in an interior side or rear yard.
3.1.2.2
An accessory building may be erected not closer than 0.5 m from a rear lot line
and 0.5 m from the interior side lot line nor closer to a street than the required
front yard or exterior side yard setback for the zone in which it is located.
3.1.2.3
Where a lot abuts on a navigable waterway, a private garage shall be permitted
between the main building on the lot and the street line, provided such private
garage complies with the yard provisions of the applicable zone.
3.1.3
LOT COVERAGE AND HEIGHT
3.1.3.1
The total lot coverage of all buildings and structures accessory to the residential
use on a lot, excluding outdoor swimming pools, shall not exceed 10% of the
total lot area or 55 sq. m whichever is the lesser.
3.1.3.2
The height of any accessory building or structure shall not exceed 5 m and shall
be limited to one storey. For the purposes of this article, height shall be
measured as the vertical distance between the highest point of any roof surface
and the adjacent finished grade.
3.1.3.3
A maximum of three accessory buildings or structures, excluding outdoor
swimming pools, shall be permitted on a lot in any class of residential zone.
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3.1.4
YARD REQUIREMENTS
3.1.4.1
Notwithstanding the minimum yard provisions of this By-law, the following
structures and setbacks may be permitted provided that no structure shall project
beyond a lot line:
(a)
sills, belt courses, cornices, chimney breasts, bay windows, cantilevered
floor areas, pilasters or parapets may project into any required yard a
distance of not more than 0.6 m;
(b)
eaves or gutters on a main building may project into any required yard a
distance of not more than 0.6 m. Eaves or gutters on an accessory
building may project into any side or rear yard not more than half of the
side or rear yard setback provided for such accessory building.
(c)
decks, balconies, canopies, open or roofed porches may project into any
required front, rear or exterior side yard, a distance of not more than 2.5
m. In an interior side yard, the setback requirements for the main
building shall apply. A deck that is not more than 0.3 m above average
finished grade shall be considered to be landscaping.
(d)
unenclosed fire escapes may project into any required yard a distance of
not more than 1.5 m;
(e)
ramps that are designed and intended to provide access for persons with
disabilities may project into any required yard provided they are no closer
than 0.5 m to any lot line.
(f)
fences, free-standing walls, flag poles, antennae, satellite dishes, light
standards, garden trellises, retaining walls and similar accessory
structures and appurtenances are permitted in any yard provided their
location complies with Section 3.2.1 and Section 3.2.2 of this By-law.
3.1.5
BOAT HOUSE, PUMP HOUSE OR DOCKING FACILITIES
3.1.5.1
Notwithstanding any other provisions of this By-law, a boathouse, pump house,
or docking facility may be erected and used in a yard abutting a navigable
waterway provided that the location complies with the required minimum side
yard for accessory buildings or structures.
3.1.5.2
A boathouse or dock, including any watercraft launching ramp or watercraft rail
system, shall not be permitted to project beyond the shore lot line in a line that
would when extended cross a projection of a side lot line.
3.1.5.3
A boathouse shall not exceed a height of 4.5 m. For the purposes of this article,
height shall be measured as the vertical distance between the highest point of
the roof surface or a parapet and the normal water level for the adjacent lake or
river.
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3.1.6
CONTIGUOUS TO A REAR LANE
3.1.6.1
Where the entrance to a private garage is from a rear lane such building shall be
a minimum of 1 m from the rear lot line, and no closer than 7.5 m from the
opposite boundary of the lane.
3.1.7
HUMAN OR ANIMAL OCCUPATION
3.1.7.1
The use of any accessory building or structure for human habitation is not
permitted. The use of an accessory building or structure for the housing of
livestock, other than domestic pets, is not permitted in any zone.
3.2
SIGHT TRIANGLES
3.2.1
Notwithstanding any other provision of this By-law, in all zones, with the
exception of the General Commercial (C1) Zone, on a lot abutting two (2) or
more intersecting streets, a sight triangle measuring 7.5 meters along the
projected lot lines shall be maintained. There shall be no placement of buildings
or structures, landscaping or any other impediment, within this sight triangle,
unless those items mentioned herein are less than 1.0 m in height.
3.2.2
Notwithstanding any other provision of this By-law, in all zones, with the
exception of the General Commercial (C1) Zone, where a private or public
driveway intersects with any street, a sight triangle measuring 3.0 metres along
the private or public driveway and 3.0 metres along the projected lot line that
abuts a street shall be maintained. There shall be no placement of buildings or
structures, landscaping or any other impediment, within this sight triangle, unless
those items mentioned herein are less than 1.0 m in height.
3.3
ESTABLISHED BUILDING LINE
3.3.1
Notwithstanding the front yard provisions of this By-law, where a permitted
building or structure is to be erected on a lot, where there is an established
building line, such permitted building or structure may be erected closer to the
street line, than required by this By-law provided such permitted building or
structure is not erected closer to the street line than the established building line.
3.3.2
Where a lot fronts onto a Provincial Highway or an arterial road as shown by the
City of Orillia Official Plan the provisions of subsection 3.3.1 shall not apply.
3.4
EXISTING BUILDINGS, STRUCTURES AND USES
3.4.1
NON-CONFORMING USES
3.4.1.1
Nothing in this By-law shall prevent the continued non-conforming use of any
existing lot, building or structure for any purpose prohibited by the By-law if such
lot, building or structure was used for such purpose on November 15, 2010 so
long as it continues to be used for that purpose. Where the use ceases, the use
will be deemed to have been discontinued.
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3.4.2
3.4.2.1
NON-COMPLYING USES
Nothing in this By-law shall prevent the enlargement, repair, renovation,
reconstruction, or structural alteration of a building or structure that existed on
November 15, 2010, and which does not comply with the Zone provisions or
other requirements of this By-law, provided;
a)
the enlargement, repair, renovation, reconstruction, or structural
alteration does not increase the situation of non-compliance; and
b)
the enlargement, repair, renovation, reconstruction, or structural
alteration does not pose a threat to public health or safety; and
c)
the use conforms with the applicable provisions of the Zoning By-law.
3.4.2.2
Non-complying existing buildings shall be deemed to comply with this by-law with
respect to any such deficiencies.
3.4.3
RESTORATION TO A SAFE CONDITION
3.4.3.1
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any building or structure or part thereof, lawfully used on the date of
passing of this By-law, provided that the strengthening or restoration does not
increase the building height, size or volume or change the use of such building
or structure, except such minor changes as may be expressly required for the
restoration of the building or structure to a safe condition.
3.4.4
BUILDING PERMIT ISSUED
3.4.4.1
The provisions of this By-law shall not apply to prevent the erection or use, for a
purpose prohibited by this By-law, of any building or structure, a permit for which
has, prior to the date of passing of this By-law, been issued by the Chief Building
Official, as 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.
3.4.5
DAMAGED BUILDINGS
3.4.5.1
Nothing in this By-law shall prevent the rebuilding or repair of any building or
structure that is damaged or destroyed by causes beyond the control of the
owner subsequent to the date of passing of this By-law, provided that the
dimensions of the original building or structure are not increased, the use of the
building or structure is not altered and provided such rebuilding or repair is
conducted within two years.
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3.4.6
CONVERTED DWELLINGS
3.4.6.1
Where permitted by the applicable zone, an existing Single Detached Dwelling
erected prior to the passing of this By-law may be altered to a Converted
Dwelling provided that:
(a)
(b)
(c)
(d)
setbacks are not further reduced;
exterior alterations or additions do not change the character or
appearance of the building as a single detached dwelling;
there are no exterior stairways other than those required for fire escape;
the building shall contain not more than 4 dwelling units;
3.5
FENCES
3.5.1
No person shall construct a fence exceeding 2 m in height in any zone other than
an Industrial Zone.
3.5.2
Sections 3.2.1 and 3.2.2 shall apply to the location of any fence.
3.6
FRONTAGE ON PUBLIC STREET
3.6.1
Except as provided for in this section, no person shall erect any building or
structure in any zone unless the lot upon which such building or structure is to be
erected has a lot line with a minimum of 9 m abutting, and obtains direct access
onto, an improved public street which is maintained and provides year round
motor vehicle access to the lot.
3.6.2
Notwithstanding subsection 3.6.1, a building or structure may be erected and
used on the following lots which do not have frontage on an improved public
street:
3.6.2.1
An island lot in a residential zone category;
3.6.2.2
An existing lot within a registered plan of subdivision in which the street has not
been assumed by the Municipality but in which the street is to be assumed under
the terms of a subdivision agreement; and
3.6.2.3
An existing lot with access from an existing private right-of-way registered on title
and in favour of the lot or an access within a Plan of Condominium.
3.7
HEIGHT EXCEPTION
3.7.1
Notwithstanding the height provisions herein contained, nothing in this By-law
shall apply to prevent the erection, alteration, or use of the following accessory
buildings or structures provided the main use is a use permitted within the zone
in which it is located; a church spire, a belfry, a flag pole, a clock tower, a
chimney, a water tank, a windmill, a radio, communication or television tower or
antenna, air conditioner duct, elevator equipment room, mechanical penthouse,
or roof access staircase structures.
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3.8
HOLDING SYMBOL (H)
3.8.1
Unless otherwise specified within the applicable zone provisions, where the zone
symbol shown on a Schedule to this By-law is followed by the holding symbol
"(H)", the use of lands, buildings and structures so zoned shall be limited to
existing uses, a permitted temporary use and conservation or forestry uses
exclusive of buildings or structures. At such time as the holding symbol is
removed by amendment to this By-law, the land may be used in accordance with
the applicable zone provisions.
3.9
HOME OCCUPATIONS AND HOME INDUSTRIES
3.9.1
A Home Occupation may be permitted in any Residential Zone and a Home
Industry shall only be permitted in a Rural Zone and the following requirements
shall apply.
3.9.1.1
The Home Occupation or Home Industry shall be clearly secondary to the main
use of the lot and shall not change the residential character of a dwelling unit or
the lot upon which it is located and shall specifically exclude motor vehicle body
shops, motor vehicle paint shops or motor vehicle repair garages. For the
purposes of this section, illuminated signs, or signs greater than one half sq. m in
area shall be deemed a change in the residential character of a dwelling unit or lot;
3.9.1.2
The Home Occupation or Home Industry shall not create or become a public
nuisance due to noise, odour, dust, traffic or parking;
3.9.1.3
The Home Occupation or Home Industry shall not interfere with television or
radio reception on adjacent lots;
3.9.1.4
Other than art, crafts and antiques, or goods produced or repaired on site, there
shall be no goods, wares or merchandise offered or exposed for sale, or sold or
kept for sale in the dwelling, and no mechanical or other equipment used or kept
except that customarily employed in a residential dwelling for domestic or
household purposes or for use by an artist, artisan, dentist, drugless practitioner
or physician. Notwithstanding the foregoing, the sale of food products shall be
prohibited;
3.9.1.5
The Home Occupation shall not occupy more than 25 percent of the gross floor
area of the dwelling unit or 45 sq. m whichever is less;
3.9.1.6
The Home Industry shall not occupy more than 25 percent of the gross floor area
of the dwelling unit or 45 sq. m, whichever is less, whether or not such Home
Industry is located within the dwelling unit or within accessory structure;
3.9.1.7
Parking shall be provided in accordance with subsection 3.16 of this By-law;
3.9.1.8
There shall be no outside storage of goods or materials associated with the
Home Occupation or Home Industry;
3.9.1.9
A Home Industry may not be located in an accessory structure that is located
within the water setback. A Home Industry may only be located in an accessory
29
structure which has a minimum side yard equal to the minimum side yard
requirement for a residential dwelling located in the same zone;
3.9.1.10
A Home Occupation or Home Industry shall not be permitted if it requires access
to a provincial highway.
3.10
LANDSCAPING
3.10.1
All required landscaping shall be maintained in a healthy condition.
3.10.2
Where a Commercial or Industrial zone abuts any zone, other than any class of
Commercial or Industrial zone, a landscaped buffer not less than 3 m in width
shall be provided within the Commercial or Industrial zone boundary.
Notwithstanding the above, a landscaped buffer may be reduced in width to 1.5
m where a coniferous planting strip or opaque fence, 2 m in height is provided in
conjunction with the landscaping.
3.10.3
In Multiple Residential Zones, Commercial Zones except the C1 Zone, Industrial
Zones and Community Facility Zones, a 1.5 m landscaped buffer shall be
provided abutting the front lot line, exclusive of entrances.
3.10.4
A 1.5 m landscaped buffer shall be provided abutting the front lot line, exclusive
of entrances, in the case of a free-standing Parking Lot in the General
Commercial (C1) Zone.
3.11
LOT AREA AND FRONTAGE LESS THAN REQUIRED
3.11.1
A non-complying lot, that existed on November 15, 2010, and which does not
comply with the minimum lot frontage and/or minimum lot area regulations of this
By-law, may be used and buildings erected thereon for a purpose permitted in
the applicable Zone.
3.11.2
A non-complying lot, that existed on November 15, 2010, and which does not
comply with the minimum lot frontage and/or minimum lot area regulations of this
By-law, may be enlarged by lot addition, and the resultant lot shall be deemed to
comply with the provisions of this By-law. The yard setbacks, building height,
and lot coverage of any existing buildings on the resultant lot shall be deemed to
comply with the provisions of this By-law.
3.11.3
Where the Corporation of the City of Orillia acquires property for the purpose of
the realignment or widening of a public street or highway, or acquires property
for any public use, and whereas the result of such acquisition results in the
abutting lands becoming non-complying with respect to the provisions of this Bylaw, the lands and structures located on the remaining lands shall be deemed to
comply with the provisions of this By-law, provided that such structures and/or
uses existed prior to the date of the acquisition taking place.
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3.12
MOTOR VEHICLE SERVICE STATIONS AND FUEL BARS
3.12.1
No portion of any fuel pump island, fuel pump island canopy or kiosk, shall be
located closer than 6 m to any street line or within any sight triangle.
3.12.2
The minimum distance between access driveways shall be 10 m.
3.12.3
The interior angle of intersection between an access driveway and the street
shall not be less than 45 degrees for a one way entrance or exit or less than 70
degrees and not greater than 90 degrees for two way entrances.
3.12.4
All repair and mechanical servicing of motor vehicles shall be conducted within a
wholly enclosed building and there shall be no outdoor storage permitted.
3.12.5
The minimum distance between the interior lot line of a lot at the street line and
the nearest access driveway shall be 3 m.
3.13
MULTIPLE LOTS
3.13.1
Where there is an existing building on a property which consists of more
than one lot on a Registered Plan, and all of the lots are in common
ownership, the said lots shall be deemed to be one lot for the purposes of
determining by-law requirements.
3.14
MULTIPLE USES
3.14.1
Where building or land is used for more than one purpose, all of the provisions of
the By-law relating to each use shall be complied with.
3.15
MULTIPLE ZONES ON A LOT
3.15.1
Where a lot which existed at the date of passing of this By-law is located within
two or more zones the provisions of the applicable zones shall apply. In such
instances, the zone boundary shall be considered a “Lot Line” for the purposes
of interpreting and applying the ZONE PROVISIONS and GENERAL
PROVISIONS of this By-law.
3.16
PARKING AND LOADING FACILITIES
3.16.1
OFF-STREET PARKING
3.16.1.1
Off-street parking spaces and areas shall be provided for every building and
structure to be erected or used for any purpose hereinafter set forth in
accordance with the parking space requirements set out herein:
(a)
Accessible Parking spaces shall be provided where ten (10) or more
parking spaces are required on a lot and, unless otherwise specified,
shall be provided on the basis of one percent (1.0%) of all required
parking spaces. Such accessible parking spaces shall be sized in
accordance with the provisions of this By-law and shall be identified by
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(b)
3.16.1.2
signs placed both horizontally and vertically using universally;
recognizable symbols to indicate “accessible parking spaces.
Where the calculation of the parking spaces requirement does not result
in a whole number the requirement shall always be rounded up to the
next whole number.
Use
Minimum Number of
Parking Spaces Required
Animal Hospital or
Veterinarian
5 per Veterinarian
Bank, Financial Institution
1 per 20 sq. m of g.f.a.
Bed and Breakfast
Establishment
1 per guest room plus one for owner
Business, Professional or
Administrative Office
1 per 30 sq. m of g.f.a.
Bowling Alley, Curling Rink
3 per lane or curling sheet plus 1 per 9 sq. m
of g.f.a. devoted to public use for a restaurant
or liquor licensed premises
Day Nursery, Day Care
Centre
1.5 per classroom or teaching area
Dry Cleaning Establishment,
Laundry
1 per 20 sq. m of g.f.a. or 1 per washing
machine whichever is greater
Home Industry
1 per home industry
Home Occupation
1 per home occupation
Hotel, Motel, Motor Hotel,
Tourist Home, Lodge,
Tourist Establishment
1.25 per guestroom, suite or cottage
Industrial Uses
-Industrial, Manufacturing,
Processing, Fabricating
1 per 75 sq. m of g.f.a.
-Warehousing, Wholesaling, 1 per 1000 sq. m of g.f.a for warehouse or
Storage
storage uses
-Mini Storage Units
3 per 100 units
Library, Museum
1 per 30 sq. m of g.f.a. (minimum of 5)
32
Liquor Licensed Premises
1 per 9 sq. m of g.f.a. devoted to public use
Marina
1 per watercraft slip
Marina, Dry-land
5
Medical Clinic or Offices for
Health Care Professionals
5 per practitioner of which 3% shall be for
persons with disabilities
Motor Vehicle Sales
Establishment, Motor
Vehicle Service Station,
Public Storage
1 per 20 sq. m of g.f.a. with a minimum of 5
spaces
Nursing Home
0.30 per bed of which 3% shall be for
persons with disabilities
Outdoor Recreation Uses
- swimming pool
1 per every 4 persons of capacity
- golf club
6 per hole plus one for each 30 sq. m of pro
shop, one per employee and an overflow
parking area with a capacity equal to 75% of
the main parking area; parking for other
facilities as set out herein.
- all other recreation uses
1 per every 3 persons of capacity, plus 1 per
employee and 1 per 30 sq. m of g.f.a.
Place of Assembly including
theatres and bingo halls,
Place of Worship, Funeral
Home
1 per 5 fixed seats, 1 per 3 m of bench seating
or where there are no fixed seats 1 per 9 sq.
m of g.l.f.a., of which 3% shall be for persons
with disabilities; minimum of 5 spaces
Single Detached Dwelling
Semi Detached Dwelling,
Link Semi Detached
Dwelling Link Townhouse
Dwelling Townhouse
Dwelling
2 Per Dwelling Unit
Duplex Dwelling, Triplex
Dwelling, Maisonette
Dwelling, Converted
Dwelling
1.25 Per Dwelling
Multiple Dwelling Fourplex
Dwelling
1.25 per dwelling unit of which 25% shall be
for visitor parking.
33
Apartment Dwelling
Townhouse Dwelling
(Condominium), Link
Townhouse Dwelling
(Condominium)
Dwelling Unit in a
non-residential building
3.16.1.3
1.5 per dwelling unit of which 25% shall be for
visitor parking.
1.5 per dwelling unit of which 25% shall be for
visitor parking.
1 per unit
Boarding Lodging or
Rooming House
1 per lodging room
Residential other than
specified herein
2 per dwelling unit
Restaurant
1 per 9 sq. m of g.f.a. devoted to public use
Restaurant, Drive-through
1 per 5 sq. m of g.f.a. with a minimum of 10
spaces
Retail Commercial
Establishment, Personal
Service Shop, Service Shop,
Dry Cleaning Depot
1 per 30 sq. m of g.f.a.
Senior Citizens' Home or
Retirement Lodge
0.5 per dwelling unit or 0.30 per bed of which
3% shall be for persons with disabilities
Schools, Elementary
1 per 12 students
Schools, Secondary or
Commercial or Community
College
1 per 12 students for staff and visitors plus 1
per 10 students for student parking
Supermarket, Food Store
1 per 20 sq. m of g.f.a of which 3% shall be
for persons with disabilities
Shopping Centre, Power
Centre
1 per 18.5 sq. m of g.l.f.a. of which 3% shall
be for persons with disabilities
Uses other than those
specified
1 per 30 sq. m of g.f.a.
The parking lot shall have visible boundaries and the parking spaces clearly
defined with the layout of spaces appropriately marked on the ground or signed.
34
3.16.1.4
Parking spaces, parking lots and driveways connecting the parking spaces to a
street shall be maintained with a stable surface, which is treated so as to prevent
the raising of dust. Parking spaces, parking lots and driveways intended for
more than four vehicles or intended to serve Multiple Residential, Community
Facility, Industrial or Commercial uses, shall, before being used, be constructed
of asphalt, brick, concrete or similar material.
3.16.1.5
A parking space shall be rectangular in shape having a minimum width of 2.7 m
and a minimum length of 6 m.
3.16.1.6
Notwithstanding subsection 3.16.1.5, parking spaces for persons with disabilities
shall be rectangular in shape having a minimum width of 4.3 m. Parking spaces
for persons with disabilities shall be located in proximity to building entrances
and access ramps, walkways or elevators.
3.16.1.7
Notwithstanding subsection 3.16.1.5, a parking space used for parallel parking
shall have a minimum width of 2.4 m and a minimum length of 7 m.
3.16.1.8
Each parking space shall have adequate access to the street as required herein.
Notwithstanding this provision, where a dwelling unit has exclusive use of a
private garage and/or driveway and 2 parking spaces are required for the said
dwelling unit for the use by the 1 household, then the 2 parking spaces can abut
end to end, so that one motor vehicle must be moved to enable the second one
to have access to the street.
3.16.1.9
Unless otherwise provided for elsewhere in this By-law, all parking shall be
located on the same lot as the use for which it is intended to serve.
3.16.1.10
In a General Commercial (C1) Zone and Hospital Commercial (HC) Zone,
required parking shall be provided on the same lot as the use that it is intended
to serve unless it is provided within 90 m of the use and the lot upon which the
parking is located has a site plan agreement registered on title or other
guarantee that the land to be used for parking will continue to be used only for
that purpose. Notwithstanding the foregoing, in any zone, if the use of a lot is for
a hospital, nursing home or place of assembly, the parking lot may be located on
a separate lot not more than 150 m from the location it is intended to serve
provided that the lot upon which the parking is located has a site plan agreement
registered on title or other guarantee that the land to be used for parking will
continue to be used only for that purpose.
3.16.1.11
The width of the aisle in a parking lot shall be based on the angle of the parking
spaces to the aisle. If the angle of parking is different on each side of the aisle,
then the aisle width shall be based on the parking spaces requiring the widest
aisle width. The aisle requirements are as follows:
Angle of Parking Space to Aisle
Minimum Aisle Width
Parallel parking or less than 30 degrees
3.5 m, one way traffic only
Equal to or greater than 30 degrees but less
than 50 degrees
4.0 m, one way traffic only
35
Equal to or greater than 50 degrees but less
than 70 degrees
5.5 m
Equal to or greater than 70 degrees but less
than or equal to 90 degrees
6.0 m
3.16.1.12
When a building or structure has insufficient parking on the date of passing of
this By-law to conform to the requirements herein, this By-law shall not be
interpreted to require that the deficiency be made up prior to the construction of
any addition. However, no addition may be built and no change of use may
occur, the effect of which would be an increase in that deficiency.
3.16.1.13
On a corner lot, no driveway shall be located closer than 15 m to the edge of one
of the travelled portions of a local road or 20 m to the edge of the travelled
portion of a collector road, arterial road, or provincial highway. Notwithstanding
the forgoing, where lot size or topographical limitations preclude the provision of
the required separation distances noted above, the driveway shall be located as
far away from the road or highway as possible and the location shall be subject
to the approval of the City.
3.16.1.14
Where a building or structure accommodates more than one type of use, the
parking requirements shall be the sum of the requirement of the separate uses.
3.16.1.15
No person shall in any Residential Zone, use any lot for parking or storage of
any commercial motor vehicle or any Recreational Equipment, except as
provided below:
3.16.1.16
(a)
The owner or occupant of any lot, building or structure in any residential
zone, may use any private garage of which he is the owner or occupant,
for the housing or storage of one commercial motor vehicle operated by
himself and/or may also use any private driveway for the parking of one
commercial motor vehicle not exceeding 910 kg capacity provided such
commercial motor vehicles are not used in connection with any business
or other use in any Residential Zone that is prohibited by this By-law and
provided that any private driveway so used relates to a lot, building or
structure of which he is the owner or occupant.
(b)
The owner or occupant of any lot, building or structure in any Residential
Zone may use any private garage of which he is the owner, or lessee (if
he is also the occupant), for the housing of Recreational Equipment.
(c)
The owner or occupant of any lot in any Residential Zone may use the
rear yard of his property for the storage Recreation Equipment.
The width of a driveway leading to or from any parking or loading area, required
by this By-law, designed to accommodate more than four (4) vehicles shall be a
minimum width of 3 m if for one-way traffic, and a minimum width of 6 m if for a
two-way traffic. The maximum width of a driveway shall be 12 m for light or
medium industrial uses and all commercial uses and 15 m for heavy industrial
uses. Notwithstanding the foregoing, the minimum width of a driveway for twoway traffic leading to or from any parking or loading area required by this by-law,
36
shall be 6.0 m for residential developments of 4 units or less and 7.2 m for
apartment dwellings and the maximum width shall not exceed the standards of
the municipality.
3.16.1.17
All parking or loading areas and their driveways shall be constructed and
maintained with a stable surface which is treated to prevent the raising of dust or
loose particles and, except for the parking areas required for single family, semidetached, duplex, and triplex dwellings, shall have a cement or asphaltic binder
or any other permanent type of surfacing.
3.16.1.18
Where a parking lot is a permitted use in any zone a 1.5 m landscaped strip shall
be provided along the side and rear lot lines. Where the parking lot abuts a
residential zone the landscaped strip shall be increased to 3.0 m and include low
level visual screening.
3.16.1.19
The municipality may require inter-connections between parking areas of
abutting commercial developments.
3.16.1.20
All driveways, ingresses and egresses shall meet City and/or Provincial
standards as applicable.
3.16.2
OFF-STREET LOADING SPACE REQUIREMENTS
(AS AMENDED BY BY-LAW 2005-131)
3.16.2.1
All Commercial and Industrial zone uses involving shipping, loading or unloading
shall provide and maintain fully accessible and functional on-premise loading
facilities. All required loading spaces shall be no less than 9.0 m long and 3.5 m
wide as well as have a vertical clearance of no less than 4.0 m. The required
number of loading spaces shall be provided according to the floor area of the
building or structure as follows:
Floor Area of Buildings
Minimum Number of Loading
Spaces
300 sq. m or less
no loading spaces
301 sq. m up to and including 2000 sq. m
1 loading space
2001 sq. m and over
2 loading spaces
3.16.2.2
No loading space or platform or loading door shall be located in any front yard.
3.16.2.3
Where an addition to an existing building has the effect of increasing total floor
area to 301 sq. m or greater, the provisions herein shall apply.
3.16.2.4
Driveways and loading spaces shall have a cement or asphaltic binder or other
permanent type of surfacing to provide a stable surface, which prevents the
raising of dust or loose particles and shall be properly drained to City standards.
37
3.17
PUBLIC USES PERMITTED
3.17.1
STREETS AND INFRASTRUCTURE
3.17.1.1
The provisions of this By-law shall not apply to prevent the use of land for
streets, recreational trails and infrastructure or to prevent the construction,
maintenance or repair of such streets, recreational trails or infrastructure nor
shall the provisions of this By-law apply to the use of any land or to the erection
or use of any building or structure for the purpose of public service by the
Corporation of the City of Orillia and/or any public authority, the Orillia Power
Distribution Corporation, any department or Ministry of the Government of
Ontario or of Canada including Hydro One Networks Inc. or any telephone,
telegraph or gas company, provided that where such land, building or structure is
located in any zone:
(a) no goods, material or equipment shall be stored in the open, except as
permitted in such zone;
(b) the general provisions of this By-law as contained in Section 3 hereof and the
lot coverage, setback and yard requirements prescribed for such zone shall
be complied with.
3.18
REDUCTION OF REQUIREMENTS
3.18.1
No person shall change the purpose for which any land or building is used or
erect any new building or addition to any existing building if the effect of such
action is to cause the original, adjoining or remaining buildings or structures to
be in contravention of this By-law.
3.19
SERVICES
3.19.1
Unless otherwise specifically permitted herein, no person shall hereafter change
the use of any building, structure or land or erect or use any building or structure
in any zone unless such building or structure is connected to a municipal water
system and a municipal sewer system.
3.20
SPECIAL SETBACKS OR RESTRICTIONS
3.20.1
SETBACKS
3.20.1.1
Unless otherwise specified the following setback shall apply to all buildings and
structures:
(a)
3.20.1.2
from the normal water level of any water course or water body located in
an Environmental Protection (EP) zone the minimum setback shall be 15
m.
Notwithstanding any other provisions of this By-law no dwelling shall be
permitted within:
38
3.20.1.3
(a)
470 m of any identified waste disposal site or sanitary landfill site except
in accordance with Policies and Guidelines established by the Ministry of
Environment;
(b)
90 m of an existing pit or gravel pit on land zoned Extractive Industrial
(M4);
(c)
300 m of an existing quarry or land zoned to permit a quarry.
The following setback shall apply to all permanent buildings, structures and
excavations:
(a)
3.20.1.4
from the TransCanada pipeline right-of-way the minimum setback shall
be 10 m.
The following minimum setbacks shall apply from all provincial highways:
(a)
single detached, semi-detached, duplex or triplex dwellings - 7.5 m
(b)
all other uses - 14.0 m
3.20.1.5
For the purpose of computing the yard and setback requirements from streets,
the limit of the street, road or highway allowance shall be considered as the
planned width of the street, road or highway allowance as provided for by the
City of Orillia Official Plan. Such required yards shall be computed from the
planned widened limit of the street, road or highway allowance
3.20.2
RESTRICTIONS
3.20.2.1
Except as specifically provided for within the applicable zone provisions, and
notwithstanding subsection 3.14.1, a maximum of one dwelling unit per lot shall
be permitted.
3.20.2.2
Except as specifically provided for within the applicable zone, where a dwelling
unit(s) is permitted in a zone other than a Residential Zone, the dwelling unit(s)
shall be located together with another type of permitted use in the main
building(s) and shall not be constructed as a separate residential building.
3.20.2.3
No exterior opening to any residential dwelling unit shall be permitted below a
minimum opening elevation equal to 220.5 m C.G.S. Datum. For lands affected
by the Mill Creek flood zone no exterior opening shall be permitted below a
minimum opening elevation of 0.5 m above the highest flood elevation on the
affected lot. Buildings located within a floodplain shall also incorporate floodproofing provisions.
3.20.2.4
In any zone, dwelling units may not be used to house livestock, other than
domestic pets.
39
3.20.3
THROUGH LOTS
3.20.3.1
A through lot shall be subject to the front yard setback and other requirements
contained herein on each street in accordance with the provisions of the zone or
zones in which such lot is located.
3.20.3.2
In the case of a through lot having lot lines of equal length on each street,
accessory buildings may be located in only one yard adjoining a street, but no
closer to the street line than the minimum front yard requirement.
3.20.4
INDUSTRIAL SETBACKS AND RESTRICTIONS
3.20.4.1
In addition to the landscaping requirements of Section 3.10 and notwithstanding
the yard requirements of any zone,
(a)
Industrial uses, including main buildings, accessory buildings and open
storage uses, shall be separated from residential lots based upon the
following minimum setbacks:
(i)
(ii)
(iii)
Light Industry
Medium Industry
Heavy Industry
30 m
70 m
300 m
3.20.4.2
Notwithstanding the setback requirements of Sections 3.20.4.1, 22.2.1.9,
23.2.1.9 and 24.2.1.9, the setback may be reduced subject to compliance with
MOE Guidelines in a manner satisfactory to the City.
3.21
TEMPORARY USES PERMITTED
3.21.1
Except as provided below, nothing in this By-law shall prevent the use of land or
the use or erection of a building or structure for a seasonal sales use, or for a
scaffold or other temporary building or structure including a storage shed, sales
or rental office or trailer or parking area, incidental to a proposed development or
construction in progress until such construction is ready for occupancy.
3.21.2
In the case of a temporary sales or rental office, parking shall be provided in
accordance with Section 3.16 hereof.
3.21.3
Seasonal sales uses shall only be permitted in a commercial zone that permits
retail sales and shall comply with all applicable licensing by-laws of the City and
any site plan approved pursuant to the provisions of the Planning Act.
3.21.4
Temporary uses shall have a minimum setback of 1.5 m from any lot line, 3.0 m
from any public road or street and 14 m from any provincial highway.
40
3.22
UNENCLOSED STORAGE OF UNLICENCED MOTOR VEHICLES
3.22.1
No lot or part of a lot, except within a garage or accessory building, shall be used
for the storage of Unlicensed Motor Vehicles or parts of Motor Vehicles, except
in the case of a permitted Salvage Yard.
3.23
USE OF BASEMENT OR CELLAR
3.23.1
No basement or cellar or part thereof may be used as a dwelling unit except as
hereinafter provided. In the case of an apartment building no more than 50%
thereof may be used for dwelling units. In the case of a duplex, triplex, double
duplex, townhouse or multiple dwelling the lower units may be constructed below
grade. Where such basement or cellar or part thereof is to be used for a
dwelling unit such unit must comply with the requirements of the Ontario Building
Code.
3.24
MINIMUM APARTMENT UNIT SIZE
(DELETED BY BY-LAW 2005-130)
41
PART 4 - ZONES AND ZONING MAPS
4.1
ZONES
4.1.1
For the purpose of this By-law, the following zones shall be, and the same are
established within the defined areas on the Schedule to this By-law:
Part Zone
Symbol
5
6
7
8
9
10
11
12
13
14
15
15A
16
17
17A
18
19
20
21
21A
22
23
24
25
26
EP
CF
R
HR
R1
R2
R3
R4
RM1
RM2
RMH
WRR
C1
C2
HC
C3
C4
C5
C6
WRC1
M1
M2
M3
M4
M5
Zone Title
Environmental Protection
Community Facility
Rural
Heritage Residential
First Density Residential
Second Density Residential
Third Density Residential
Fourth Density Residential
First Density Multiple Residential
Second Density Multiple Residential
Residential Mobile Home
West Ridge Residential
General Commercial
Neighbourhood Commercial
Hospital Commercial
Special Purpose Commercial
Tourist Commercial
Shopping Centre Commercial
Power Centre Commercial
West Ridge Commercial
Special Industrial
Restricted Industrial
General Industrial
Extractive Industrial
Disposal Industrial
Zone
Classification
Environmental
Community
Agricultural
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Industrial
Industrial
Industrial
Industrial
Industrial
4.2
ZONING MAP
4.2.1
The extent and boundaries of the said zones are shown on Schedule “A” and
Schedule “B” attached hereto and may be cited as the "Zoning Map" which shall
and does hereby form part of this By-law. Such zones may be referred to by the
appropriate Zone symbol.
4.3
SPECIAL EXCEPTIONS
4.3.1
Where a zone contains special exceptions, which are indicated on the “Zoning
Map” by a zone symbol followed by a hyphen and a numeral, a lot so zoned shall
be subject to the special exceptions described in the text of this By-law. Where
there is a conflict between a special exception and any other section of this
By-law, the special exception shall apply. Where the special exceptions are
silent on any matter the provisions of this By-law shall continue to apply to such
matter as if the lot was located in the applicable zone without special exceptions.
42
4.4
TEMPORARY HOLDING ZONES
4.4.1
Where a zone shown on Schedule “B” is followed by a second zone in brackets,
the land may be used for the uses permitted in the first zone, in accordance with
the provisions of the said zone. If the land may be satisfactorily developed in
accordance with the uses permitted in the zone in brackets, then the land may
be used for such uses in accordance with the provisions for the said zone, but
only after an Amendment to this By-law to remove the brackets and delete the
first zone.
43
PART 5 - ENVIRONMENTAL PROTECTION (EP) ZONE
5.1
USES PERMITTED
5.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in an Environmental Protection (EP) Zone,
except for the following uses:
Bird or Wildlife Sanctuaries
Conservation uses
Flood and Erosion Control Works and Docks
Recreational Trails
5.2
ZONE PROVISIONS
5.2.1
In an Environmental Protection (EP) Zone, no person shall hereafter erect any
building or structure, except structures for conservation purposes, structures for
flood and erosion control or in the case of navigable waterways, watercraft
docks authorized by the Ontario Ministry of Natural Resources or Parks Canada.
No person shall hereafter erect or use any building or structure, in an
Environmental Protection (EP) Zone, except in conformity with the following zone
provisions:
5.2.1.1
Lot Area (min.)
1
ha
5.2.1.2
Lot Frontage (min.)
45
m
5.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
(d)
Rear
7.5
7.5
7.5
7.5
m
m
m
m
5.2.1.4
Lot Coverage (max.)
5
%
5.2.1.5
Building Height (max.)
11
m
5.3
ENVIRONMENTAL PROTECTION EXCEPTION ZONES
5.3.1
ENVIRONMENTAL PROTECTION EXCEPTION ONE (EP-1) ZONE
5.3.1.1
Notwithstanding Section 5.1, lands zoned "EP-1" may also be used for the
following uses:
(a)
park and recreational activities
(b)
a public use carried out by or on behalf of the City of Orillia other than a
pit or a works yard.
44
5.3.2
ENVIRONMENTAL PROTECTION EXCEPTION TWO (EP-2) ZONE
5.3.2.1
Notwithstanding Section 5.1, lands zoned "EP-2" may also be used for the
following uses:
(a)
recreational uses and landscaping associated with development located
in the abutting residential zone.
5.3.3
ENVIRONMENTAL PROTECTION EXCEPTION THREE (EP-3) ZONE
5.3.3.1
In addition to the uses permitted in Section 5.1.1 and notwithstanding Section
3.1.5.1, lands zoned “EP-3” may also be used for recreational uses and
landscaping associated with development located in the abutting residential zone
subject to the following exceptions:
BY-LAW 2009-119
(a)
(b)
Dock Size (max.)
Width of Dock at Shoreline (max.)
139 sq. m
21 m
5.3.3.2
For the purposes of the “EP-3” Zone, “Dock” shall mean a structure for the
mooring of non-motorized floating vessels built at or attached to the shore.
5.3.3.3
For the purposes of the “EP-3” Zone, “Shoreline” shall mean a lot or portion
thereof which abuts the normal water mark of a water body.
45
PART 6 - COMMUNITY FACILITY (CF) ZONE
6.1
USES PERMITTED
6.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Community Facility (CF) Zone, except
for the following uses:
Uses permitted in Section 5.1
Cemetery
Club
Day Nursery
Elementary School, Secondary School, College or University
Hospital, Health or Medical Office and Clinic with ancillary Pharmacy
Municipal Building and Structures, Community Centre, Arena, Library, Museum,
Curling Rink
Nursing Home, Home for the Aged, Retirement Home, Retirement Lodge
Park
Place of Worship
Public uses
6.2
ZONE PROVISIONS
6.2.1
No person shall hereafter erect or use any building or structure, in a Community
Facility (CF) Zone, except in conformity with the following zone provisions:
6.2.1.1
Lot Area (min.)
3700 sq. m
6.2.1.2
Lot Frontage (min.)
45
m
6.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
(d)
Rear
7.5
7.5
7.5
7.5
m
m
m
m
Lot Coverage (max.)
(a)
Parks
(b)
all other uses
20
40
%
%
6.2.1.5
Building Height (max.)
15
m
6.2.1.6
Gross Floor Area
(a)
all uses
no minimum
Landscaped Open Space (min.)
(a)
Parks
(b)
all other uses
50
30
6.2.1.4
6.2.1.7
%
%
46
6.3
COMMUNITY FACILITY EXCEPTION ZONES
6.3.1
COMMUNITY FACILITY EXCEPTION ONE (CF-1) ZONE
6.3.1.1
Notwithstanding Sections 3.16.1.2, 6.1.1 and 6.2.1, lands zoned “CF-1" may only
be used for a Community Centre subject to the following exceptions:
(a) Parking Spaces (min.)
(b) Lot Area (min.)
(c) Lot Frontage (min.)
(d) Front Yard (min.)
(e) Interior Side Yard (min.)
(f) Rear Yard (min.)
(g) Floor Area (max.)
(h) Building Height (max.)
20
0.1
35
4
5.0
20.0
190
7.6
ha
m
m
m
m
sq. m
m
6.3.2
COMMUNITY FACILITY EXCEPTION TWO (CF-2) ZONE
6.3.2.1
Notwithstanding Section 6.1.1, lands zoned “CF-2" may only be used for a Golf
Course.
6.3.3
COMMUNITY FACILITY EXCEPTION THREE (CF-3) ZONE
6.3.3.1
Notwithstanding Sections 3.16.1.2 and 6.2, on land zoned “CF-3”, the minimum
interior side yard shall be 6 m, the maximum building height shall be 17 m and a
minimum of 71 parking spaces shall be provided.
6.3.4
COMMUNITY FACILITY EXCEPTION FOUR (CF-4) ZONE
6.3.4.1
Notwithstanding Sections 6.1.1, 6.2.1.3 (b) & (d), and 6.2.1.5, the lands zoned
“CF-4” may only be used for a Retirement Home or Lodge containing not more
than 116 suites with a maximum of 150 beds subject to the following exceptions:
(a)
(b)
(c)
Southerly Interior Side Yard (min.)
Rear Yard (min.)
Building Height (max.)
6m
7m
24 m
6.3.4.2
For the purposes of the “CF-4” zone, “Retirement Home or Retirement Lodge”
shall mean a building in which private and/or shared suites are rented to senior
citizens who require meal services and who may require some level of health
care. A suite may contain sanitary facilities and kitchen facilities, including a
sink, refrigerator, and microwave oven. Stove/ovens are not permitted in the
suites.
6.3.5
COMMUNITY FACILITY EXCEPTION FIVE (CF-5) ZONE
6.3.5.1
Notwithstanding Sections 6.1.1 and 6.2.1.3(b), the lands zoned “CF-5” may also
be used for an Adult Living Building subject to the following:
(a)
Skywalk Interior Side Yard (min.)
0m
47
(b)
Easterly Interior Side Yard Setback for
24 Simcoe Street (min.)
5.5 m
6.3.5.2
For the purposes of the “CF-5” zone, “Adult Living Building” shall mean a building
containing dwelling units which may contain kitchen facilities and are rented to
senior citizens who receive meal, laundry and/or maid services.
6.3.5.3
Four the purposes of the “CF-5” zone, “Skywalk” shall mean an enclosed
walkway intended for pedestrian use between two buildings with sufficient abovegrade clearance to allow the flow of vehicular traffic.
6.3.6
COMMUNITY FACILITY EXCEPTION SIX (CF-6) ZONE
6.3.6.1
In addition to the uses permitted in Section 6.1.1, the lands zoned “CF-6” may
also be used for the following uses:
Agricultural Use Incidental to a College or University use
An Existing Use
Laboratory
Park, Private
Private Community Centre
Recreational Establishment
Research and Development Centre
Commercial Use Incidental to a College or University use
Accessory Buildings or Structures incidental to a College or University use in
accordance with the zone provisions of the “CF” Zone
6.3.6.2
Notwithstanding Sections 3.1.1, 3.1.2, 3.1.3, 3.5.1 and 6.2.1.5, the “CF-6” zone
will be subject to the following zone exceptions:
(a) Building Height (max.)
(b) Fence Height (max.)
40 m
3.5 m
6.3.6.3
For the purposes of the “CF-6” zone, “Laboratory” shall mean the use of
premises, not providing services directly to the public, for the provision of
analytical, research or testing services including, but not limited to,
biotechnologies and energy and environmental technologies.
6.3.6.4
For the purposes of the “CF-6” zone, “Research and Development Centre” shall
mean the use of land, building or structure or part thereof for the purpose of
conducting pure and applied research and experimentation and includes facilities
such as lecture rooms, accessory administrative offices, laboratories, display
rooms and services and machine shops to serve the research centre operation,
but does not include an industrial use nor manufacturing operations other than
those required in the conduct of permitted research.
6.3.6.5
For the purposes of the “CF-6” zone, a “Park, Private” may also contain such
uses as an athletic field and/or arena.
6.3.6.6
For the purposes of the “CF-6” zone, a “Commercial Use Incidental to a College
or University use” shall mean the use of land, building or structures that are
subordinate, customarily and normally incidental to and exclusively devoted to
48
the College or University use located on the same lot for the purpose of buying
and selling commodities and/or supplying services but shall not include a DriveThrough Restaurant, Motor Vehicles Sales Establishment, Motor Vehicle Service
Station, Motor Vehicle Fuel Bar, Motor Vehicle Repair Shop, and/or Adult
Entertainment Establishment.
6.3.6.7
For the purposes of the “CF-6” zone, an “Adult Entertainment Establishment”
shall mean any premises or part thereof in which is provided, in pursuance of a
trade, calling, business or occupation, services appealing to or services designed
to appeal to erotic or sexual appetites or inclinations.
6.3.7
COMMUNITY FACILITY EXCEPTION SEVEN (CF-7) ZONE
6.3.7.1
In addition to the permitted uses in Section 6.1.1 and notwithstanding Section
6.2.1.3 (b), the lands zoned “CF-7” may also be used for a Retirement Lodge
containing no more than 44 Leisure Living Units subject to the following:
BY-LAW 2010-10
(a) Interior Side Yard (min.)
3m
(b) Accessory buildings may also be erected in the front yard.
6.3.7.2
For the purposes of the “CF-7” zone, “Leisure Living Unit” shall mean a
residential dwelling unit whose occupants may receive meal, laundry, maid
services, and/or some level of health care.
6.3.8
COMMUNITY FACILITY EXCEPTION EIGHT (CF-8) ZONE
6.3.8.1
Notwithstanding Section 6.2.1.3 (b), the lands zoned “CF-8” will be subject to the
following:
BY-LAW 2010-10
(a) Easterly Interior Side Yard (min.)
(Adjacent to Leacock Lane)
(b) Accessory buildings may also be erected in the front yard.
3m
49
PART 7 - RURAL (R) ZONE
7.1
USES PERMITTED
7.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Rural (R) Zone, except for the
following uses:
An existing use
A Single Detached Dwelling served by municipal services or a private well and
septic system
Home Industry in a Single Detached Dwelling only
7.2
ZONE PROVISIONS
7.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Rural (R) Zone, except in conformity
with the following zone provisions:
7.2.1.1
Lot Area (min.)
40
ha
7.2.1.2
Lot Frontage (min.)
300
m
7.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior side
(c)
Exterior side
(d)
Rear
30
9
30
25
m
m
m
m
7.2.1.4
Lot Coverage (max.)
5
%
7.2.1.5
Building Height (max.)
(a)
building accessory to a farm - No restriction
(b)
all others
10
7.2.1.6
7.3
Gross Floor Area
(a)
per dwelling (min.)
(b)
any other building - No restriction
RURAL EXCEPTION ZONES
93
m
sq. m
50
PART 8 - HERITAGE RESIDENTIAL (HR) ZONE
8.1
USES PERMITTED
8.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Heritage Residential (HR) Zone, except
for the following uses:
Single Detached Dwelling
Converted Dwelling
Duplex Dwelling
Bed and Breakfast Establishment
Park
Place of Worship
Elementary or Secondary School
8.2
ZONE PROVISIONS
8.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Heritage Residential (HR) Zone,
except in conformity with the following zone provisions:
8.2.1.1
Lot Area (min.)
1500
8.2.1.2
Lot Frontage (min.)
25
8.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
(d)
Rear
(e)
Water Setback
7.5
3
7.5
7.5
7.5
8.2.1.4
Lot Coverage (max.)
35
%
8.2.1.5
Building Height (max.)
11
m
8.2.1.6
Landscaped Open Space (min.)
25
%
8.2.1.7
Notwithstanding Sections 8.1.1 and 8.2.1, an Elementary or Secondary School
or Place of Worship shall only be permitted in accordance with the zone
provisions of Section 6.2.
8.2.1.8
Where a building or structure is proposed to be constructed within the Heritage
Residential (HR) Zone, the builder and/or the owner of such building or structure
shall be encouraged to design and construct the building or structure to portray a
Victorian architectural character.
sq. m
m
m
m
m
m
m
Where an addition to an existing building or structure is proposed within the
Heritage Residential (HR) Zone, the builder and/or the owner of the building or
structure shall be encouraged to design and construct the addition to portray the
same architectural character of the existing building or structure.
51
8.3
HERITAGE RESIDENTIAL EXCEPTION ZONES
8.3.1
HERITAGE RESIDENTIAL EXCEPTION ONE (HR-1) ZONE
8.3.1.1
Notwithstanding Sections 3.16.1.2 and 8.1.1, lands zoned “HR-1” shall only be
used for a Multiple Dwelling containing not more than 2 dwelling units with one
parking space per unit.
8.3.2
HERITAGE RESIDENTIAL EXCEPTION TWO (HR-2) ZONE
8.3.2.1
Notwithstanding Sections 3.16.1.2 and 8.1.1, lands zoned “HR-2” may also be
used for a Crisis Care Centre having a minimum of six parking spaces.
8.3.3
HERITAGE RESIDENTIAL EXCEPTION THREE (HR-3) ZONE
8.3.3.1
Notwithstanding Section 8.1.1, lands zoned “HR-3" may only be used for a 6
dwelling unit residential building
8.3.4
HERITAGE RESIDENTIAL EXCEPTION FOUR (HR-4) ZONE
8.3.4.1
Notwithstanding Section 8.1.1, lands zoned “HR-4" may also be used for a
reception area within the existing building used in conjunction with the adjacent
funeral home and for a parking area located to the rear of the existing building.
8.3.5
HERITAGE RESIDENTIAL EXCEPTION FIVE (HR-5) ZONE
8.3.5.1
Notwithstanding Section 8.1.1, lands zoned “HR-5” shall only be used for a
Converted Dwelling containing not more than 3 dwelling units.
8.3.6
HERITAGE RESIDENTIAL EXCEPTION SIX (HR-6) ZONE
8.3.6.1
Notwithstanding Sections 8.2.1.1, and 8.2.1.3(c) and (d), lands zoned “HR-6”
shall be subject to the following exceptions:
(a) Lot Area (min.)
1,097 sq. m
(b) Interior Side Yard (min.)
0m
(c) Rear Yard (min.)
0.52 m
8.3.7
HERITAGE RESIDENTIAL EXCEPTION SEVEN (HR-7) ZONE
8.3.7.1
Notwithstanding Sections 3.11.1(c), 3.16.1.2, 3.23.1 and 8.1.1, the existing
building on lands municipally known as 129 Mary Street, as shown on Schedule
“A” and annotated “HR-7” may also be used as a Dwelling converted to contain a
maximum of three dwelling units, of which one dwelling unit may be located in
the basement of the existing dwelling, subject to the following exceptions:
(a) Lot Frontage (min.)
10.0 m
(b) Lot Area (min.)
300 sq. m
(c) Parking Spaces (min.)
3
52
8.3.8
HERITAGE RESIDENTIAL EXCEPTION EIGHT (HR-8) ZONE
8.3.8.1
Notwithstanding Section 8.1.1 the existing building on lands zoned “HR-8” may
also be used for a “Retirement Home and/or a Retirement Lodge” subject to the
following exceptions:
BY-LAW 2013-50
(a)
And notwithstanding Section 3.16.1.2, for the purpose of a “Retirement
Home/ Retirement Lodge” a minimum of 2 parking spaces shall be required.
For the purpose of the “Heritage Residential Exception Eight” (HR-8) Zone the
existing driveway width shall be deemed to comply.
8.3.9
HERITAGE RESIDENTIAL EXCEPTION NINE (HR-9) ZONE
8.3.9.1
Notwithstanding Section 8.1.1 the existing building on lands zoned “HR-9” may
also be used for a “Retirement Home and/or a Retirement Lodge” subject to the
following exceptions:
BY-LAW 2013-51
(a)
And notwithstanding Section 3.16.1.2, for the purpose of a “Retirement
Home/ Retirement Lodge” a minimum of 5 parking spaces shall be required.
For the purpose of the “Heritage Residential Exception Nine” (HR-9) Zone the
existing driveway width shall be deemed to comply.
8.3.10
HERITAGE RESIDENTIAL EXCEPTION TEN (HR-10) ZONE
8.3.10.1
Notwithstanding Sections 3.16.1.12 and 8.1.1, the building existing on th elands
denoted by the “HR-10” symbol on the date of approval of Amendment Number
to this By-law may only be used for a Multiple Dwelling, subject to the following
exceptions:
BY-LAW 2013-94
(June 24, 2013)
a) Number of Dwelling Units (max.):
b) Number of Parking Spaces (min.):
6
4
53
PART 9 - FIRST DENSITY RESIDENTIAL (R1) ZONE
9.1
USES PERMITTED
9.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a First Density Residential (R1) Zone,
except for the following uses:
Single Detached Dwelling
Duplex Dwelling
Bed and Breakfast Establishment
Place of Worship
Elementary or Secondary School
Park
9.2
ZONE PROVISIONS
9.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a First Density Residential (R1) Zone,
except in conformity with the following zone provisions:
9.2.1.1
Lot Area (min.)
550
sq. m
18
m
Yard Requirements (min.)
(a)
Front
(b)
Interior side
(c)
Exterior side
(d)
Rear
(e)
Water Setback
7.5
1.8
4.5
7.5
7.5
m
m
m
m
m
9.2.1.4
Lot Coverage (max.)
35
%
9.2.1.5
Building Height (max.)
11
m
9.2.1.6
Landscaped Open Space (min.)
30
%
9.2.1.7
Notwithstanding Sections 9.1.1 and 9.2.1, an Elementary or Secondary School
or Place of Worship shall only be permitted in accordance with the zone
provisions of Section 6.2.
Section 3.11 shall not apply to a Duplex Dwelling
or a Bed and Breakfast Establishment
9.2.1.2
Lot Frontage (min.)
Section 3.11 shall not apply to a Duplex Dwelling or
a Bed and Breakfast Establishment
9.2.1.3
54
9.3
FIRST DENSITY RESIDENTIAL EXCEPTION ZONES
9.3.1
FIRST DENSITY RESIDENTIAL EXCEPTION ONE (R1-1) ZONE
9.3.1.1
Notwithstanding Section 9.2.1.2, lands zoned “R1-1” shall be deemed to
conform to the minimum lot frontage requirement of the R1 zone.
9.3.2
FIRST DENSITY RESIDENTIAL EXCEPTION TWO (R1-2) ZONE
9.3.2.1
Notwithstanding Sections 3.1.2 and 9.2.1.5, lands zoned “R1-2” shall be
restricted to single storey Single Detached Dwellings and no accessory buildings
or structures shall be permitted in the easterly 4.5 m of the area zoned “R1-2” or
the rear 4.5 m of any lot in the “R1-2” zone.
9.3.3
FIRST DENSITY RESIDENTIAL EXCEPTION THREE (R1-3) ZONE
9.3.3.1
Notwithstanding Sections 3.16.1.2 and 9.1.1, lands zoned “R1-3” may be used
for a Single Detached Dwelling and a Business or Professional Office with a
maximum floor area of 75 sq. m located in the cellar provided the use of such
office is limited to one person plus a single support staff and a minimum of 4
parking spaces are provided.
9.3.4
FIRST DENSITY RESIDENTIAL EXCEPTION FOUR (R1-4) ZONE
9.3.4.1
Notwithstanding Sections 3.1.5.3 and 9.2.1 lands zoned “R1-4” shall be subject
to the following zone provisions:
(a) Front yard (min.)
Lot 1, Plan M-176
24.0 m
Lots 2, 3 ,4 and 5, Plan M-176
18.0 m
Lots 11, 12, 13 and 14, Plan M-176
15.0 m
Lots 6, 7, 8, 9, 10, 15, 16, and 17, Plan M-176
12.0 m
(b) Rear Yard (min.)
18.0 m
(c) Floor Area (min.)
Ground floor Lots 1 to 17 inclusive, Plan M-176
92 sq. m
Gross floor area Lots 6 to 10 inclusive, Plan M-176
185 sq. m
Gross floor area Lots 1 to 5 and 11 to 17 inclusive,
139 sq. m
Plan M-176
(d) Boathouse height (max.)
Measured from the normal water level to highest point
of boathouse
4.0 m
9.3.5
FIRST DENSITY RESIDENTIAL EXCEPTION FIVE (R1-5) ZONE
9.3.5.1
In addition to the uses permitted in Section 9.1.1, the existing building may also
be used as a Day Nursery providing up to 16 child care spaces or a Private
Retirement Home for the elderly. A Private Retirement Home shall mean a
building or a portion thereof in which lodging and/or meals are supplied for
monetary consideration to not more than 10 persons, exclusive of staff.
Notwithstanding Sections 3.1.4.1(e) and 3.16.1, a Day Nursery or Private
Retirement Home shall be subject to the following exceptions:
(a) A minimum of two (2) parking spaces shall be required;
55
(b) Ramps and landings to provide access for persons with disabilities may
project into any yard a distance of not more than 2.5 metres; and
(c) The existing building is deemed to comply with this by-law with respect to any
deficiencies.
9.3.6
FIRST DENSITY RESIDENTIAL EXCEPTION SIX (R1-6) ZONE
(Deleted – Expired August 24, 2012)
56
PART 10 - SECOND DENSITY RESIDENTIAL (R2) ZONE
10.1
USES PERMITTED
10.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Second Density Residential (R2) Zone,
except for the following uses:
Single Detached Dwelling
Duplex Dwelling
Bed and Breakfast Establishment
Place of Worship
Elementary or Secondary School
Park
10.2
ZONE PROVISIONS
10.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Second Density Residential (R2)
Zone, except in conformity with the following zone provisions:
10.2.1.1
Lot Area (min.)
460
Duplex Dwelling or Bed and Breakfast 550
Establishment
sq. m
sq. m
Section 3.11 shall not apply to a Duplex Dwelling
or a Bed and Breakfast Establishment
10.2.1.2
Lot Frontage (min.)
15
Duplex Dwelling or Bed and Breakfast 18
Establishment
m
m
Section 3.11 shall not apply to a Duplex Dwelling
or a Bed and Breakfast Establishment
10.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior side
(c)
Exterior side
(d)
Rear
(e)
Water Setback
6.0
1.2
4.5
7.5
7.5
m
m
m
m
m
10.2.1.4
Lot Coverage (max.)
35
%
10.2.1.5
Building Height (max.)
11
m
10.2.1.6
Landscaped Open Space (min.)
30
%
10.2.1.7
Notwithstanding Sections 10.1.1 and 10.2.1, an Elementary or Secondary
School or Place of Worship shall only be permitted in accordance with the zone
provisions of Section 6.2.
57
10.3
SECOND DENSITY RESIDENTIAL EXCEPTION ZONES
10.3.1
SECOND DENSITY RESIDENTIAL EXCEPTION ONE (R2-1) ZONE
10.3.1.1
Notwithstanding Section 3.19, lands zoned “R2-1” may only be used for Single
Detached Dwellings serviced by either municipal services or a private sewage
disposal system and a private water system.
10.3.2
SECOND DENSITY RESIDENTIAL EXCEPTION TWO (R2-2) ZONE
10.3.2.1
Notwithstanding Sections 3.19, 10.1.1, 10.2.1.1 and 10.2.1.2, lands zoned
“R2-2” may only be used for Single Seasonal Detached Dwellings serviced by a
private sewage disposal system and a private water system, on lots having a
minimum lot area of 1390 sq. m and a minimum lot frontage of 30 m.
10.3.3
SECOND DENSITY RESIDENTIAL EXCEPTION THREE (R2-3) ZONE
10.3.3.1
Notwithstanding Sections 10.2.1.1 and 10.2.1.2, land zoned “R2-3”, shall have a
minimum lot area of 408 sq. m and a minimum lot frontage of 12 m.
10.3.4
SECOND DENSITY RESIDENTIAL EXCEPTION FOUR (R2-4) ZONE
10.3.4.1
Note: This Section was deleted by a previous amendment.
10.3.5
SECOND DENSITY RESIDENTIAL EXCEPTION FIVE (R2-5) ZONE
10.3.5.1
Notwithstanding Sections 3.16.1.2, 3.19 and 10.1.1, lands zoned “R2-5” may be
used for a dwelling containing two dwelling units and a business office, not
exceeding 60 sq. m, on either municipal services or private sewage disposal and
private water supply systems subject to provision of 6 parking spaces in the side
or rear yard only.
10.3.6
SECOND DENSITY RESIDENTIAL EXCEPTION SIX (R2-6) ZONE
10.3.6.1
Notwithstanding Sections 3.19 and 10.1.1, lands zoned “R2-6” may also be used
for a Day Nursery serviced by either municipal services or a private sewage
disposal system and a private water system.
10.3.7
SECOND DENSITY RESIDENTIAL EXCEPTION SEVEN (R2-7) ZONE
10.3.7.1
Notwithstanding Section 10.1.1, lands zoned “R2-7” may also be used for a Bed
and Breakfast Establishment having a maximum of seven guest rooms, two of
which may be located in an existing and separate building, and
meeting/reception rooms having a maximum combined floor area of 115 sq. m.
Outdoor/indoor receptions shall be limited to a maximum of 55 guests. For the
purposes of this section, an Outdoor Reception means an assembly of persons
held outside of a building between the hours of 2:00 p.m. and 11:00 p.m.
Notwithstanding Section 3.16.1, lands zoned “R2-7" may have a driveway with a
width of 3.6 m leading to a parking area, an access aisle of a minimum of 6.0 m,
parking spaces having a minimum depth of 5.5 m, parking spaces located in a
front yard, and shall have a minimum of 30 parking spaces of which a maximum
of 13 spaces may be stacked spaces.
10.3.7.2
58
10.3.8
SECOND DENSITY RESIDENTIAL EXCEPTION EIGHT (R2-8) ZONE
10.3.8.1
Notwithstanding Section 10.2.1.3, lands zoned “R2-8” shall have a minimum
front yard of 2.4 m, a minimum easterly side yard of 30 m, a minimum westerly
side yard of 22 m and a minimum rear yard of 1.7 m.
10.3.9
SECOND DENSITY RESIDENTIAL EXCEPTION NINE (R2-9) ZONE
10.3.9.1
Notwithstanding Sections 3.1.2 and 10.2.1.3, on lands zoned “R2-9” no buildings
or structures including fences shall be permitted in the rear 7.5 m of a lot
abutting an “EP” or “EP-1” zone.
10.3.10
SECOND DENSITY RESIDENTIAL EXCEPTION TEN (R2-10) ZONE
10.3.10.1
Notwithstanding Section 10.2.1, lands zoned “R2-10” shall have a minimum
westerly side yard of 3.3 m and a building height of one storey.
10.3.11
SECOND DENSITY RESIDENTIAL EXCEPTION ELEVEN (R2-11) ZONE
10.3.11.1
Notwithstanding Section 10.2.1.2, on lands zoned “R2-11” a minimum lot
frontage of 13 m shall be required.
10.3.12
SECOND DENSITY RESIDENTIAL EXCEPTION TWELVE (R2-12) ZONE
10.3.12.1
Notwithstanding Sections 10.2.1.1, 10.2.1.2 and 10.2.1.3, on lands zoned
“R2-12” a minimum lot area of 405 sq. m, a minimum lot frontage of 12 m and a
minimum rear yard of 10 m abutting an arterial road shall be required.
10.3.13
SECOND DENSITY RESIDENTIAL EXCEPTION THIRTEEN (R2-13) ZONE
10.3.13.1
Notwithstanding Sections 3.19, 10.2.1.1 and 10.2.1.2, on lands zoned "R2-13" a
minimum lot area of 2023 sq. m and a minimum lot frontage of 30 m shall be
required. Furthermore, no more than four lots, serviced by either municipal
services or private sewage disposal systems and private water supply systems,
shall be permitted in the “R2-13” zone.
10.3.14
SECOND DENSITY RESIDENTIAL EXCEPTION FOURTEEN (R2-14) ZONE
10.3.14.1
Notwithstanding Sections 3.19, 10.1.1, 10.2.1.1 and 10.2.1.2, lands zoned “R214” may only be used for single detached dwellings serviced by either municipal
services or a private sewage disposal system and a private water system, on lots
having a minimum lot area of 1390 sq. m and a minimum lot frontage of 9 m.
10.3.15
SECOND DENSITY RESIDENTIAL EXCEPTION FIFTEEN (R2-15) ZONE
10.3.15.1
Notwithstanding Sections 10.1.1 and 10.2.1.3, lands zoned “R2-15" may be
used for a maximum of two Single Detached Dwellings subject to the following
exceptions:
(a)
Minimum Interior Side Yard for
the most westerly building
4.4
m
59
(b)
(c)
(d)
Minimum Interior Side Yard for
the most easterly building
0.1
m
Minimum Rear Yard for the most
easterly building
0.9
m
Expansion and enlargement of the most
easterly building shall not be permitted.
10.3.16
SECOND DENSITY RESIDENTIAL EXCEPTION SIXTEEN (R2-16) ZONE
10.3.16.1
Notwithstanding the definition of “Lot Frontage” on lands zoned “R2-16" the lake
frontage shall be deemed to be a rear lot line and the property line opposite the
lake frontage shall be deemed to be the front lot line. All other property lines
shall be deemed to be interior lot lines
10.3.17
SECOND DENSITY RESIDENTIAL EXCEPTION SEVENTEEN (R2-17) ZONE
10.3.17.1
Notwithstanding Sections 10.2.1.1, 10.2.1.2, and 10.2.1.4, lands zoned “R2-17"
may have a minimum lot area of 405 sq. m, a minimum lot frontage of 12.2 m, a
maximum lot coverage of 35% for two storey dwellings and a maximum lot
coverage of 40% for one storey and one and a half storey dwellings.
10.3.18
SECOND DENSITY RESIDENTIAL EXCEPTION EIGHTEEN (R2-18) ZONE
10.3.18.1
Notwithstanding Sections 3.19 and 10.1.1, lands zoned “R2-18” shall only be
used for a Single Detached Dwelling serviced by either municipal services or a
private sewage disposal system and a private water system. Any Single
Detached Dwelling shall be a maximum of three (3) bedrooms with a maximum
floor area of 200 sq. m and a fixture count of 20 or less.
10.3.19
SECOND DENSITY RESIDENTIAL EXCEPTION NINETEEN (R2-19) ZONE
10.3.19.1
In addition to the uses permitted in Section 10.1, and notwithstanding Sections
10.2.1.3(a) and 10.2.1.3(b), lands zoned “R2-19” may also be used as a Multiple
Dwelling with a maximum of three dwelling units and subject to the following
exceptions:
(a)
Minimum Front Yard
4.4 m
(b)
Minimum Interior Side Yard (East)
0.6 m
(c)
Minimum Interior Side Yard (West)
1.2 m
10.3.20
SECOND DENSITY RESIDENTIAL EXCEPTION TWENTY (R2-20) ZONE
10.3.20.1
In addition to the uses permitted in Section 10.1.1 and notwithstanding Sections
3.16.1.11 and 3.16.1.16, lands zoned “R2-20” may also be used as a Multiple
Dwelling containing a maximum of three Dwelling Units subject to the following
exception:
60
OMB ORDER
PL080573
(a)
The existing 4.5m driveway width shall be deemed to comply with this
By-law with regard to any deficiencies.
10.3.21
SECOND DENSITY RESIDENTIAL EXCEPTION TWENTY ONE (R2-21) ZONE
10.3.21.1
Notwithstanding Section 3.6.1.16 and in addition to the uses permitted in Section
17.1.1, the lands zoned “R2-21” may also be used for a Triplex Dwelling subject
to the following exceptions:
BY-LAW 2012-25
(a)
(b)
Driveway Width (min.)
4.0m
A minimum 1.8m opaque fence shall be erected along the westerly
boundary of the “R2-21” zone.
10.3.22
SECOND DENSITY RESIDENTIAL EXCEPTION TWENTY TWO (R2-22) ZONE
10.3.22.1
In addition to the uses permitted in Section 10.1.1, the lands zoned R2-22 may
also be used for a Dwelling containing not more than three (3) Dwelling Units, in
accordance with the provisions of the “R2” zone.
BY-LAW 2013-107
61
PART 11 - THIRD DENSITY RESIDENTIAL (R3) ZONE
11.1
USES PERMITTED
11.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Third Density Residential (R3) Zone,
except for the following uses:
Single Detached Dwelling
Semi-Detached Dwelling, Link Semi –Detached Dwelling
Duplex Dwelling
Bed and Breakfast Establishment
Place of Worship
Elementary or Secondary School
Park
11.2
ZONE PROVISIONS
11.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Third Density Residential (R3) Zone,
except in conformity with the following zone provisions:
11.2.1.1
11.2.1.2
11.2.1.3
Lot Area (min.)
(a)
Single Detached Dwelling
(b)
Semi-Detached Dwelling
(c)
Link Semi-Detached dwelling
(d)
Duplex
or
Bed
and
Breakfast
Establishment
Section 3.11 shall not apply to a Duplex
or a Bed and Breakfast Establishment
Lot Frontage (min.)
(a)
Single Detached Dwelling
(b)
Semi-Detached Dwelling
(c)
Link Semi-Detached Dwelling
(d)
Duplex
or
Bed
and
Breakfast
Establishment
Section 3.11 shall not apply to a Duplex
or a Bed and Breakfast Establishment
460
650
650
sq. m
sq. m
sq. m
550
sq. m
15
20
20
18
m
m
m
m
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Interior Side (where units attached)
(d)
Exterior Side
(e)
Rear
(f)
Water Setback
6.0
1.2
0.0
4.5
7.5
7.5
m
m
m
m
m
m
11.2.1.4
Lot Coverage (max.)
35
%
11.2.1.5
Building Height (max.)
11
m
62
11.2.1.6
Landscaped Open Space (min.)
30
%
11.2.1.7
Notwithstanding the minimum lot area, minimum lot frontage and maximum lot
coverage provisions of the “R3” zone, the lands and buildings used for a SemiDetached Dwelling or a Link Semi-Detached Dwelling may be subdivided into
separate units and associated lots provided:
(i) the lands and existing buildings proposed to be subdivided meet all of the
provisions of this by-law prior to being subdivided;
(ii) the minimum lot frontage per dwelling unit shall be 6.5 m;
(iii) the minimum lot area per dwelling unit shall be 300 sq. m and
(iv) each dwelling unit and lot has an independent driveway, parking space(s) and
municipal water and sewer service connections.
11.2.1.8
Notwithstanding Sections 11.1.1 and 11.2.1, an Elementary or Secondary School or
Place of Worship shall only be permitted in accordance with the zone provisions of
Section 6.2.
11.3
THIRD DENSITY RESIDENTIAL EXCEPTION ZONES
11.3.1
THIRD DENSITY RESIDENTIAL EXCEPTION ONE (R3-1) ZONE
11.3.1.1
Notwithstanding Sections 3.16.1.2 and 11.1.1, lands zoned “R3-1" may be used
for a building containing a Business, Professional or Administrative Office on the
ground floor and a dwelling unit on the second floor subject to the following
exceptions:
(a)
floor area of office (max.)
90
sq. m
(c)
a continuous landscaped planting strip having a minimum width of 1.5 m
shall be provided adjacent to the east, west and north boundaries of the
subject land
(c)
not less than 6 nor more than 8 parking spaces shall be provided on site
(d)
access and egress to the parking area shall only be by means of one
driveway leading to the parking area from Skyline Drive
(e)
there shall be no advertising other than a plate or sign which is not
flashing and is not larger than 0.5 sq. m in area, which plate or sign shall
be attached to and parallel to a main wall of the building
(f)
the residential character of the building shall not be changed.
11.3.2
THIRD DENSITY RESIDENTIAL EXCEPTION TWO (R3-2) ZONE
11.3.2.1
Notwithstanding Sections 11.1.1 and 11.2.1, lands zoned “R3-2" may only be
used for 2 Single Detached Dwellings and 14 Link Semi-Detached Dwellings
subject to the following exceptions:
63
(a)
a minimum of 31 parking spaces shall be provided
(b)
all areas not occupied by permanent structures, internal drives, parking
areas or driveways shall be landscaped
(c)
all buildings shall be separated above grade by a distance of not less
than 2 m
(d)
the minimum building setback from Oxford Street shall be 6.0 m
(e)
Front Yard setback from internal drives (min.)
(f)
Exterior Side Yard setback from internal drives (min.) 1.5 m
(g)
Rear Yard setback for each dwelling unit (min.)
7.5 m
(h)
Interior Side Yard setback (min.)
2.4 m
(i)
Lot Frontage (min.)
35 m
(j)
frontage on internal drives for each dwelling unit (min.) 11 m
(k)
Lot Area (min.)
6.0 m
0.5 ha
11.3.3
THIRD DENSITY RESIDENTIAL EXCEPTION THREE (R3-3) ZONE
11.3.3.1
Notwithstanding Sections 11.1.1 and 11.2.1, lands zoned “R3-3" may be used for
3 Semi-Detached Dwellings subject to the following exceptions:
(a)
encroachment of rear deck into required yard (max.)
4.0 m
(b)
separation distance between buildings (min.)
6.5 m
(c)
westerly Interior Side Yard (min.)
3.6 m
(d)
Rear Yard for each dwelling unit (min.)
7.5 m
11.3.4
THIRD DENSITY RESIDENTIAL EXCEPTION FOUR (R3-4) ZONE
11.3.4.1
Notwithstanding Sections 11.1.1 and 11.2.1, lands zoned “R3-4" may only be used
for a Semi-Detached Dwelling subject to the following exceptions:
(a)
Lot Frontage (min.)
15.0
m
(b)
Lot Area (min.)
630
sq. m
(c)
Interior Side Yards (min.)
1.5
m
64
11.3.5 THIRD DENSITY RESIDENTIAL EXCEPTION FIVE (R3-5) ZONE
11.3.5.1
Notwithstanding Sections 11.1.1 and 11.2.1, lands zoned “R3-5" may only be
used for Link Semi-Detached Dwellings subject to the following exceptions:
(a)
Lot Frontage (min.)
20.0
m
(b)
Lot Area (min.)
640
sq. m
(c)
Interior Side Yards (min.)
1.2
m
(d)
Lot Coverage (max.)
35%
(e)
no buildings or structures including fences shall be permitted in the rear
7.5 m of a lot abutting an “EP” or “EP-1” zone.
11.3.6 THIRD DENSITY RESIDENTIAL EXCEPTION SIX (R3-6) ZONE
11.3.6.1
Notwithstanding Sections 11.1.1 and 11.2.1, lands zoned “R3-6" may only be
used for Link Semi-Detached Dwellings subject to the following exceptions:
(a)
Lot Frontage (min.)
18.0
m
(b)
Lot Area (min.)
610
sq. m
(c)
Interior Side Yards (min.)
1.2
m
(d)
a minimum rear yard of 10 m shall be required abutting an arterial road.
11.3.7 THIRD DENSITY RESIDENTIAL EXCEPTION SEVEN (R3-7) ZONE
11.3.7.1
Notwithstanding Sections 3.16.1.2, 11.1.1 and 11.2.1.6, lands zoned “R3-7" may
only be used for a Multiple Dwelling containing no more than 2 dwelling units or a
Duplex Dwelling subject to the following exception:
(a)
Parking spaces per unit (min.)
1
11.3.8 THIRD DENSITY RESIDENTIAL EXCEPTION EIGHT (R3-8) ZONE
11.3.8.1
Notwithstanding Section 11.1.1, the existing building on lands zoned “R3-8” may
be converted to a Duplex Dwelling, provided that any driveway shall be a
minimum 1.5 m from the westerly lot line and that the width of a driveway in the
front yard shall not exceed 6 m and that the existing paved parking area is
removed and landscaped.
11.3.9 THIRD DENSITY RESIDENTIAL EXCEPTION NINE (R3-9) ZONE
11.3.9.1
Notwithstanding Sections 11.2.1.1(b) and 11.2.1.3(e), the lands zoned “R3-9”
may be used for a Semi-Detached Dwelling subject to the following exceptions:
(a)
(b)
Lot Area (min.)
Rear Yard (min.)
542 sq. m
5.4 m
65
11.3.10
THIRD DENSITY RESIDENTIAL EXCEPTION TEN (R3-10) ZONE
11.3.10.1
Notwithstanding Sections 11.2.1.1(b), 11.2.1.2(b), 11.2.1.3(a) and (e), lands
zoned “R3-10” may be used for a Semi-Detached Dwelling subject to the
following exceptions:
(a)
(b)
(c)
(d)
11.3.10.2
Lot Area (min.)
Lot Frontage (min.)
Front Yard Setback (min.)
Rear Yard Setback (min.)
383 sq. m
17.5 m
1.0 m
7.3 m
Notwithstanding Section 11.2.1.7 i) and iii), lands zoned “R3-10” may be
subdivided into two separate and associated lots with the following exception:
(a)
The minimum lot area per dwelling unit shall be 181 sq. m.
66
PART 12 - FOURTH DENSITY RESIDENTIAL (R4) ZONE
12.1
USES PERMITTED
12.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Fourth Density Residential (R4) Zone,
except for the following uses:
Single Detached Dwelling
Semi-Detached Dwelling, Link Semi-Detached Dwelling
Duplex Dwelling
Triplex Dwelling
Double Duplex Dwelling, Fourplex Dwelling
Converted Dwelling
Bed and Breakfast Establishment
Boarding House
Place of Worship
Elementary or Secondary School
Park
12.2
ZONE PROVISIONS
12.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Fourth Density Residential (R4) Zone,
except in conformity with the following zone provisions:
12.2.1.1
Lot Area (min.)
(a)
Single Detached Dwelling
(b)
Semi-Detached Dwelling
(c)
Link Semi-Detached Dwelling
(d)
Duplex Dwelling or Bed and
Breakfast Establishment
460
650
650
sq. m
sq. m
sq. m
550
sq. m
685
720
sq. m
sq. m
15
20
20
m
m
m
18
m
20
24
m
m
Section 3.11 shall not apply to a Duplex
Dwelling or a Bed and Breakfast Establishment
(e)
(f)
12.2.1.2
Triplex Dwelling
Double Duplex Dwelling/Fourplex
Dwelling/Boarding House
Lot Frontage (min.)
(a)
Single Detached Dwelling
(b)
Semi-Detached Dwelling
(c)
Link Semi-Detached Dwelling
(d)
Duplex Dwelling or Bed and
Breakfast Establishment
(e)
(f)
Section 3.11 shall not apply to a Duplex
Dwelling or a Bed and Breakfast Establishment
Triplex Dwelling
Double Duplex Dwelling/Fourplex
Dwelling/Boarding House
67
12.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side (Single Detached, SemiDetached, Link Semi-Detached, Duplex
Dwellings)
(c)
Interior Side (where units attached)
(d)
Interior Side (Triplex, Double Duplex,
Fourplex Dwellings)
(e)
Exterior side
(f)
Rear
(g)
Water Setback
6.0
m
1.2
0.0
m
m
2.4
4.5
7.5
7.5
m
m
m
m
12.2.1.4
Lot Coverage (max.)
35
12.2.1.5
Building Height (max.)
11
12.2.1.6
Landscaped Open Space (min.)
12.2.1.7
Notwithstanding the minimum lot area, minimum lot frontage and maximum lot
coverage provisions of the “R4” zone the lands and building used for a SemiDetached Dwelling or a Link Semi-Detached Dwelling may be subdivided into
separate units and associated lots, provided:
30
%
m
%
(i) the lands and existing buildings proposed to be subdivided meet all of the
provisions of this by-law prior to being subdivided;
(ii) the minimum lot frontage per dwelling unit shall be 6.5 m;
(iii) the minimum lot area per dwelling unit shall be 300 sq. m and
(iv) each dwelling unit and lot has an independent driveway, parking spaces(s)
and municipal water and sewer service connections.
12.2.1.8
Notwithstanding Sections 12.1 and 12.2.1, an Elementary or Secondary School
or Place of Worship shall only be permitted in accordance with the zone
provisions of Section 6.2.
12.3
FOURTH DENSITY RESIDENTIAL EXCEPTION ZONES
12.3.1
FOURTH DENSITY RESIDENTIAL EXCEPTION ONE (R4-1) ZONE
12.3.1.1
Notwithstanding Sections 12.1.1 and 12.2.1, lands zoned “R4-1" may only be
used for no more than 2 Double Duplex Dwellings subject to the following
exception:
(a)
Distance between buildings (min.)
3.0 m
68
12.3.2
FOURTH DENSITY RESIDENTIAL EXCEPTION TWO (R4-2) ZONE
12.3.2.1
Notwithstanding Sections 3.16.1.16, 12.1.1 and 12.2.1, lands zoned “R4-2" may
only be used for 1 Double Duplex Dwelling subject to the following exceptions:
(a)
(b)
Driveway width (min.)
Lot Frontage (min.)
3.0 m
20 m
12.3.3
FOURTH DENSITY RESIDENTIAL EXCEPTION THREE (R4-3) ZONE
12.3.3.1
Notwithstanding Sections 3.16.1.16, 12.1.1 and 12.2.1, lands zoned “R4-3" may
only be used for 1 Double Duplex Dwelling subject to the following exceptions:
(a)
(b)
Driveway width (min.)
Lot Frontage (min.)
4.5 m
15 m
12.3.4
FOURTH DENSITY RESIDENTIAL EXCEPTION FOUR (R4-4) ZONE
12.3.4.1
Notwithstanding Sections 12.1.1 and 12.2.1, lands zoned “R4-4" may only be
used for no more than 2 Double Duplex Dwellings.
12.3.5
FOURTH DENSITY RESIDENTIAL EXCEPTION FIVE (R4-5) ZONE
12.3.5.1
Notwithstanding Sections 12.1.1 and 12.2.1, lands zoned “R4-5" may only be
used for 4 Double Duplex Dwellings subject to the following zone provisions:.
(a) Front Yard (min.)
53.0 m
(b) Rear Yard (min.)
28.0 m
(c) No parking space shall be located within 40 m of a public street.
12.3.6
FOURTH DENSITY RESIDENTIAL EXCEPTION SIX (R4-6) ZONE
12.3.6.1
Notwithstanding Sections 3.16.1, 12.1.1 and 12.2.1, lands zoned “R4-6" may
only be used for a dwelling containing not more than 3 dwelling units subject to
the following exceptions:
(a) Lot Frontage (min.)
14 m
(b) Lot Area (min.)
295 sq. m
(c) A minimum of three parking spaces shall be provided and two of these may
be stacked spaces located in the interior side yard
12.3.7
FOURTH DENSITY RESIDENTIAL EXCEPTION SEVEN (R4-7) ZONE
12.3.7.1
Notwithstanding Sections 3.23, 12.1.1, 12.2.1, 12.2.1.1 and 12.2.1.2, lands
zoned “R4-7” shall only be used for a four unit multiple dwelling (wherein one of
the four units may be located in the basement) subject to the following
exceptions:
OMB ORDER
PL070266
(a) Lot Area (min.)
(b) Lot Frontage (min.)
1,300 sq. m
18 m
69
12.3.8
FOURTH DENSITY RESIDENTIAL EXCEPTION EIGHT (R4-8) ZONE
12.3.8.1
Notwithstanding Section 12.1.1, the existing building on lands zoned “R4-8” may
contain a Home Industry for the production and sale of baked goods subject to
the following exceptions:
(a)
(a)
Maximum Floor Area for the bakery use
an additional two parking spaces, which may be
stacked spaces, shall be provided.
33 sq. m
12.3.9
FOURTH DENSITY RESIDENTIAL EXCEPTION NINE (R4-9) ZONE
12.3.9.1
Notwithstanding Sections 3.16.1.16, 3.23.1, 12.1.1 and 12.2.1.3, the existing
building on lands zoned “R4-9” may be converted to contain a maximum of four
(4) dwelling units including one (1) dwelling unit in the basement, subject to the
following exceptions:
(a)
(b)
(c)
Minimum width of a driveway for two-way traffic
Front yard (min.)
Interior Side Yard (min.)
5.0 m
5.5 m
0.58 m
12.3.10
FOURTH DENSITY RESIDENTIAL EXCEPTION TEN (R4-10) ZONE
12.3.10.1
Notwithstanding Sections 3.1.2.2, 3.1.4.1(b), 3.16.1.3, 3.16.1.8, 3.16.1.11, and
12.1.1, lands zoned “R4-10” may only be used for a dwelling containing not more
than 3 dwelling units with the provision of 1.25 parking spaces per dwelling unit
subject to the following exceptions:
AMENDED BY
BY-LAW 2011-127
(a)
Tandem Parking Spaces shall be permitted.
(b)
Yard Requirements for 2 accessory buildings that were in existence on
the date this By-law came into effect:
Interior Side (North Side Only)
Rear
0m
0m
12.3.10.2
For purposes of the “R4-10” zone, “Tandem Parking Space” shall mean a
parking space that has access to the street over other parking spaces located on
the same lot.”
12.3.11
FOURTH DENSITY RESIDENTIAL EXCEPTION ELEVEN (R4-11) ZONE
12.3.11.1
Notwithstanding Sections 3.1.2.2, 3.1.4.1(b), 3.16.1.3, 3.16.1.11, 3.16.1.16 and
12.1.1, lands zoned “R4-11” may only be used for a dwelling containing not more
than 3 dwelling units with the provision of 1.25 parking spaces per dwelling unit
subject to the following exceptions:
BY-LAW 2011-127
(a)
Width of driveway and aisle for parking shall be a minimum of 3.5m for
two-way traffic.
(b)
Yard Requirements for 2 accessory buildings that were in existence on
the date this By-law came into effect:
70
Interior Side (North Side Only)
Rear
0m
0m
12.3.12
FOURTH DENSITY RESIDENTIAL EXCEPTION TWELVE (R4-12) ZONE
12.3.12.1
Notwithstanding Sections 3.1.2.2, 3.1.4.1(b), 3.16.1.3, 3.16.1.8, 3.16.1.11, and
12.1.1, lands zoned “R4-12” may only be used for a dwelling containing not more
than 3 dwelling units with the provision of 1.25 parking spaces per dwelling unit
subject to the following exceptions:
BY-LAW 2012-1
(a)
Tandem Parking Spaces shall be permitted.
(b)
Yard Requirements for the existing accessory building that was in
existence on the date this By-law came into effect:
Interior Side (South Side Only)
Rear
0m
0.5m
12.3.12.2
For purposes of the “R4-12” zone, “Tandem Parking Space” shall mean a
parking space that has access to the street over other parking spaces located on
the same lot.”
12.3.13
FOURTH DENSITY RESIDENTIAL EXCEPTION THIRTEEN (R4-13) ZONE
12.3.13.1
Notwithstanding Sections 3.16.1.3, 3.16.1.8, 3.16.1.11, and 12.1.1, lands zoned
“R4-13” may only be used for a dwelling containing not more than 3 dwelling
units with the provision of 1.25 parking spaces per dwelling unit subject to the
following exception:
BY-LAW 2012-1
(a)
Tandem Parking Spaces shall be permitted.
12.3.13.2
For purposes of the “R4-13” zone, “Tandem Parking Space” shall mean a
parking space that has access to the street over other parking spaces located on
the same lot.”
12.3.14
FOURTH DENSITY RESIDENTIAL EXCEPTION FOURTEEN (R4-14) ZONE
12.3.14.1
Notwithstanding Sections 3.16.1.3, 3.16.1.8, 3.16.1.11, 3.16.1.16, 3.16.1.17, and
12.1.1, lands zoned “R4-14” may only be used for a dwelling containing not more
than 3 dwelling units with the provision of 1.25 parking spaces per dwelling unit
of which 25% shall be for visitor parking subject to the following exceptions:
BY-LAW 2012-1
12.3.14.2
(a)
Tandem Parking Spaces shall only be permitted in the southerly
driveway.
(b)
Width of driveway and aisle for parking shall be a minimum of 3.0m for
two-way traffic.
For purposes of the “R4-14” zone, “Tandem Parking Space” shall mean a
parking space that has access to the street over other parking spaces located on
the same lot.
71
12.3.15
FOURTH DENSITY RESIDENTIAL EXCEPTION FIFTEEN (R4-15) ZONE
12.3.15.1
Notwithstanding Sections 3.1.2.2, 3.1.4.1 (b), 3.16.1.3, and 12.1.1, lands zoned
“R4-15” may only be used for a dwelling containing not more than 3 dwelling
units subject to the following exception:
BY-LAW 2012-1
(a)
Yard Requirements for the existing accessory building that was in
existence on the date this By-law came into effect:
Interior Side (North Side Only)
Rear
0m
0.5m
12.3.16
FOURTH DENSITY RESIDENTIAL EXCEPTION SIXTEEN (R4-16) ZONE
12.3.16.1
Notwithstanding Sections 3.16.1.3 and 12.1.1, lands zoned “R4-16” may only be
used for a dwelling containing not more than 3 dwelling units.
BY-LAW 2012-1
72
PART 13 - FIRST DENSITY MULTIPLE RESIDENTIAL (RM1) ZONE
13.1
USES PERMITTED
13.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building structure in a First Density Multiple Residential (RM1)
Zone, except for the following uses:
Multiple Dwelling
Townhouse Dwelling, Link Townhouse Dwelling
Park
13.2
ZONE PROVISIONS
13.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a First Density Multiple Residential
(RM1) Zone, except in conformity with the following zone provisions:
13.2.1.1
Lot Area (min.)
185 sq. m / unit
13.2.1.2
Lot Frontage (min.)
30 m
13.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
• end unit
• interior unit
(c)
Exterior Side
(d)
Rear
(e)
Water Setback
6.0
m
1.8
0.0
3.0
7.5
15
m
m
m
m
m
13.2.1.4
Lot Coverage (max.)
35
%
13.2.1.5
Building Height (max.)
11
m
13.2.1.6
Landscaped Open Space (min.)
30
%
13.2.1.7
Townhouse or Link Townhouse Dwelling
Outdoor Living Area (min.)
12
sq. m per unit
13.2.1.8
Privacy Fence Height (min.)
1.8
m
73
13.2.1.9
Notwithstanding the minimum lot area, minimum lot frontage and maximum lot
coverage provisions of the “RM1” zone the lands and buildings used for a
Townhouse Dwelling or a Link Townhouse Dwelling may be subdivided into
separate units and associated lots, provided:
(i) the lands and existing buildings proposed to be subdivided meet all of the
provisions of this by-law prior to being subdivided;
(ii) the minimum lot frontage per dwelling unit shall be 5.5 m;
(iii) the minimum lot area per dwelling unit shall be 180 sq. m and
(iv) each dwelling unit and lot has an independent driveway, parking space(s)
and municipal water and sewer service connections.
13.3
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION ZONES
13.3.1
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION ONE (RM1-1) ZONE
13.3.1.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-1" may only be
used for no more than 32 Townhouse Dwelling units and one Apartment
Dwelling containing not more than 8 dwelling units subject to the following
exceptions:
(a)
Distance between abutting building end walls (min.)
5.0
m
(b)
Distance between a Townhouse end wall and the
nearest main wall of an abutting Apartment Dwelling (min.) 5.0
m
Distance between the rear wall of any Townhouse unit
and the northerly property line (min.)
7.5
m
Distance between a blank end wall of any Townhouse
unit and the northerly property line (min.)
3.0
m
Front
East side
West side
6.0
18.0
16.0
m
m
m
Apartment Dwelling parking (min.)
10 spaces
(c)
(d)
(e)
(f)
Yard requirements for an Apartment Dwelling (min.)
13.3.2
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWO (RM1-2) ZONE
13.3.2.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-2" may only be
used for no more than 20 Townhouse Dwelling units.
74
13.3.3
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION THREE (RM1-3)
ZONE
13.3.3.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-3" may only be
used for no more than 22 Townhouse Dwelling units subject to the following
exception:
(a)
Lot Frontage (min.)
20
m
13.3.4
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION FOUR (RM1-4) ZONE
13.3.4.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-4" may only be
used for no more than 2 residential buildings, one being a Multiple Dwelling
which shall contain not more than 10 dwelling units, the other being a Double
Duplex Dwelling subject to the following exceptions:
(a)
(b)
(c)
East side yard main buildings (min.)
West side yard accessory buildings (min.)
West side yard main buildings (min.)
(d)
(e)
Minimum distance between buildings
4.0
m
Balconies, open porches, and exterior staircases shall not project more
than 2.5 m into the required easterly side yard or the rear yard
Parking areas shall be located only in a side yard, except that a
maximum of 8 parking spaces will be permitted in the front yard.
(f)
7.5
1.5
6.0
m
m
m
13.3.5
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION FIVE (RM1-5) ZONE
13.3.5.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-5" may only be
used for no more than two residential buildings, one being a Multiple Dwelling
which shall contain not more than 16 dwelling units and a spa, the other being a
Semi-Detached Dwelling.
13.3.6
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION SIX (RM1-6) ZONE
13.3.6.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-6" may only be
used for no more than 10 Townhouse Dwelling units subject to the following
exceptions:
(a)
(b)
(d)
(e)
13.3.6.2
Lot Frontage (min.)
Lot Area (min.)
Minimum interior side yard adjacent to
another townhouse building shall be 0.8m.
Section 3.6 - Frontage on Public Street shall not apply.
5.5
m
160 sq. m
Notwithstanding the definitions of “Front Lot Line” and “Lot Coverage”, for the
purposes of this By-law the following shall apply:
(a)
The property line separating a lot, associated with an individual Townhouse
Dwelling, from the private interior lane (Vivian Lane) shall be deemed to be
the front lot line.
75
(b)
The maximum Lot Coverage shall be calculated based on the total area of
the land zoned “RM1-6”.
13.3.7
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION SEVEN (RM1-7)
ZONE
13.3.7.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-7" may only be
used for no more than 15 Townhouse Dwelling units subject to the following
exceptions:
(a)
(b)
(c)
(d)
(e)
Lot Frontage (min.)
Setback of a Garage on a corner lot (min.)
Easterly exterior side yard (main building) (min.)
Westerly exterior side yard (min.)
Privacy screens shall not be required.
15.0
1.5
1.5
3.0
m
m
m
m
13.3.8
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION EIGHT (RM1-8)
ZONE
13.3.8.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-8" may be used
for: Single Detached Dwellings developed in accordance with the provisions of
the “Second Density Residential (R2) Zone”; Semi-Detached Dwellings or Link
Semi-Detached Dwellings developed in accordance with the provisions of the
“Third Density Residential (R3) Zone”; or not more than 3 Double Duplex
Dwellings or Fourplex Dwellings developed in accordance with the provisions of
the “Fourth Density Residential (R4) Zone”; or not more than 14 Townhouse
Dwelling units developed in accordance with the provisions of the “First Density
Multiple Residential (RM1) Zone” as modified below:
(a)
(b)
(c)
Lot Frontage per unit (min.)
Interior end unit side yard (min.)
A privacy fence extending a minimum of 2.4 m
from the main building shall be provided for each unit.
6.0
4.0
m
m
13.3.9
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION NINE (RM1-9) ZONE
13.3.9.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-9" may only be
used for two 6 unit Multiple Dwellings subject to the following exception:
(a)
Lot Frontage (min.)
26.0
m
13.3.10
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TEN (RM1-10) ZONE
13.3.10.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-10" may only be
used for not more than 19 dwelling units subject to the following exception:
(a)
Lot Frontage (min.)
12.0
m
76
13.3.11
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION ELEVEN (RM1-11)
ZONE
13.3.11.1
Notwithstanding Sections 13.1.1 and 13.2.1, lands zoned “RM1-11" may only be
used for no more than 24 Townhouse Dwelling units subject to the following
exceptions:
(a)
(b)
(c)
A yard adjacent to a blank end wall shall have a minimum depth of 2.0 m
plus 0.5 m for each storey above the storey or partial storey at grade
except where 2 blank end walls face each other, in which instance the
minimum distance between such walls shall be 3.0 m
A planting strip of not less than 0.7 m in width, shall be provided around
the periphery of any parking area designed to accommodate more than 6
vehicles. This shall not prevent the provision of entrances and exits to
the said parking area across the strip.
No portion of any Townhouse Dwelling unit shall be more than 106
metres from the front lot line.
13.3.12
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWELVE (RM1-12)
ZONE
13.3.12.1
Notwithstanding Sections 3.16.1.2, 13.1.1 and 13.2.1, lands zoned “RM1-12"
may only be used for no more than 34 Townhouse Dwelling units subject to the
following exceptions:
(a)
(b)
(c)
(d)
Lot Frontage (min.)
26.9 m
Dwelling Unit Width (min.)
5.4
m
Parking shall be supplied in a ratio of 1.20 spaces per dwelling unit
Buildings containing not more than 3 dwelling units shall have a minimum
yard of 1.3 m adjacent to a blank end wall. All other buildings shall have
a minimum yard of 2.5 m adjacent to a blank end wall, except where 2
end walls are opposite each other, in which case a minimum separation
distance of 1.2 m shall be maintained.
13.3.13
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION THIRTEEN (RM1-13)
ZONE
13.3.13.1
Notwithstanding Section 13.1.1, lands zoned “RM1-13" may only be used for no
more than 12 Multiple Dwelling units.
13.3.14
FIRST DENSITY
(RM1-14) ZONE
13.3.14.1
Notwithstanding Sections 3.1.1, 3.16.1.2, 13.1.1 and 13.2.1, lands zoned “RM114" may only be used for no more than 28 Townhouse Dwelling units subject to
the following exceptions:
(a)
(b)
(c)
(d)
(e)
MULTIPLE
RESIDENTIAL
EXCEPTION
FOURTEEN
Lot Frontage (min.)
80
m
Lot Area (min.)
0.8
ha
Lot Coverage (max.)
35%
Building Height (max.)
7.6
m
Parking shall be supplied in a ratio of 1.25 spaces per dwelling unit
77
(f)
(g)
(h)
(i)
(j)
(k)
(l)
No Accessory Structures shall be permitted save and except a
sewage pumping station
Setback from a “CF” zone, excluding a “CF-1” zone (min.) 25.0
Setback from an internal street (min.)
5.0
Separation distance between end walls of adjacent
buildings (min.)
2.0
Separation distance between buildings which have
adjoining rear yards (min.)
8.0
Setback from Museum Drive (min.)
5.0
Setback from Leacock Lane (min.)
5.0
sanitary
m
m
m
m
m
m
13.3.15
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION FIFTEEN (RM1-15)
ZONE
13.3.15.1
Notwithstanding Sections 3.1.1, 3.16.1.2, 13.1.1 and 13.2.1, lands zoned “RM115" may only be used for no more than 12 Townhouse Dwelling units and 2
Fourplex Dwellings subject to the following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
Lot Frontage (min.)
6.0
m
Lot Area (min.)
0.7
ha
Lot Coverage (max.)
30%
Building Height (max.)
7.6
m
Parking shall be supplied in a ratio of 1.25 spaces per dwelling unit
No Accessory Structures shall be permitted save and except a sanitary
sewage pumping station
Townhouse setback from an internal road (min.)
5.0
m
Fourplex setback from an internal road (min.)
2.5
m
Separation distance between fourplex dwellings and
separation distance between end walls of adjacent
townhouse dwellings (min.)
2.0
m
Setback from Museum Drive (min.)
37.0 m
Setback from a “CF” zone (min.)
4.0
m
Setback from an “R1” zone (min.)
9.0
m
13.3.16
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION SIXTEEN (RM1-16)
ZONE
13.3.16.1
Notwithstanding Sections 3.1.1, 3.16.1.2, 13.1.1 and 13.2.1, lands zoned “RM116" may only be used for no more than 19 Townhouse Dwelling units and 2
Fourplex Dwellings subject to the following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Lot Frontage (min.)
24
m
Lot Area (min.)
0.5
ha
Lot Coverage (max.)
32%
Building Height (max.)
7.6
m
Parking shall be supplied in a ratio of 1.25 spaces per dwelling unit
No Accessory Structures shall be permitted
Townhouse setback from an internal road (min.)
4.0
m
Fourplex setback from an internal road (min.)
4.0
m
Separation distance between Fourplex Dwellings and
separation distance between end walls of adjacent
78
(j)
(k)
(l)
Townhouse Dwellings (min.)
Setback from Museum Drive (min.)
Setback from a “CF” zone (min.)
Setback from an “RM2” or “RM2 Exception” zone (min.)
RESIDENTIAL
EXCEPTION
m
m
m
m
13.3.17
FIRST DENSITY
(RM1-17) ZONE
13.3.17.1
Notwithstanding Sections 3.1.1, 3.16.1.2, 13.1.1 and 13.2.1, lands zoned “RM117" may only be used for no more than 8 Townhouse Dwelling units subject to
the following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
MULTIPLE
2.0
4.0
4.0
2.0
SEVENTEEN
Lot Frontage (min.)
25.0 m
Lot Area (min.)
0.3
ha
Lot Coverage (max.)
25%
Building Height (max.)
7.6
m
Parking shall be supplied in a ratio of 1.25 spaces per dwelling unit
No Accessory Structures shall be permitted
Townhouse setback from an internal road (min.)
4.0
m
Setback from an adjacent building end wall (min.)
2.0
m
Setback from Museum Drive (min.)
2.0
m
Setback from an “RM2” or “RM2 Exception” zone (min.)
2.0
m
13.3.18
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION EIGHTEEN (RM1-18)
ZONE
13.3.18.1
Notwithstanding Sections 3.1.1, 3.16.1.2, 13.1.1 and 13.2.1, lands zoned “RM118" may only be used for no more than 4 Townhouse Dwelling units subject to
the following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Lot Frontage (min.)
25.0 m
Lot Area (min.)
0.1
ha
Lot Coverage (max.)
30%
Building Height (max.)
7.6
m
Parking shall be supplied in a ratio of 1.25 spaces per dwelling unit
No Accessory Structures shall be permitted
Setback from Museum Drive (min.)
4.0
m
Setback from Forest Avenue (min.)
4.0
m
Setback from an “R1” or “R1 Exception” zone (min.)
18
m
Setback from an “RM2” or “RM2 Exception” zone (min.)
2.5
m
13.3.19
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION NINETEEN (RM1-19)
ZONE
13.3.19.1
Notwithstanding Sections 3.6, 13.1.1, and 13.2.1, lands zoned “RM1-19” may
only be used for a maximum of 32 Link Townhouse Dwelling units subject to the
following exceptions
(a)
(b)
(c)
Lot Frontage on Sundial Drive (min.)
Front Yard (min.)
Rear Yard (min.)
11.0
4.5
6.0
m
m
m
79
(d)
13.3.19.2
Private outdoor living areas and associated privacy fences shall not be
required.
Notwithstanding the definitions of “Front Lot Line”, “Exterior Lot Line” and “Lot
Coverage, for the purposes of the “RM1-19” zone:
(a)
The property line separating a lot associated with an individual Linked
Townhouse Dwelling unit from the private interior lane-way which is
intersected by the driveway for that unit shall be deemed to be the front lot
line.
(b)
The property line separating a parcel of land associated with an individual
Linked Townhouse Dwelling unit from a private lane-way extending
between the front and rear lot lines shall be deemed to be an exterior lot
line.
(c)
The maximum lot coverage shall be calculated based upon the total area of
the private land zoned “RM1-19”.
13.3.20
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY (RM1-20)
ZONE
13.3.20.1
Notwithstanding Sections 3.3 and 13.1.1, lands zoned “RM1-20" may only be
used for not more than 8 one-storey Link Townhouse Dwellings.
13.3.21
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-ONE
(RM1-21) ZONE
13.3.21.1
Notwithstanding Section 13.1.1, lands zoned “RM1-21" may only be used for not
more than 5 Townhouse Dwelling units.
13.3.22
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-TWO
(RM1-22) ZONE
13.3.22.1
Notwithstanding Sections 3.6, 13.1.1., 13.2.1, and 13.2.1.8, lands zoned “RM122" may only be used for a maximum of 50 Link Townhouse Dwelling units and
an associated community centre subject to the following exceptions which shall
apply to each individual dwelling unit and shall also apply to the community
centre:
(a)
Lot Frontage on a private lane-way (min.)
5.0
m
(b)
Lot Area (min.)
220
sq. m
(c)
Front Yard (min.)
5.0
m
(d)
Rear Yard (min.)
4.8
m
(e)
Interior Side Yard (min.)
1.2
m
(f)
Driveway length (min.)
6.0
m
(g)
The minimum rear yard adjacent to another townhouse
6.0
m
13.3.22.2
Notwithstanding the definitions of “Front Lot Line”, “Exterior Lot Line” and “Lot
Coverage”, for the purposes of the “RM1-22” zone:
(a)
The property line separating a lot, associated with an individual Townhouse
Dwelling, from the private interior lane-way which is intersected by the
80
driveway for that unit shall be deemed to be the front lot line. In the case of
a corner lot on a private interior lane-way, the front lot line shall be deemed
to extend from the terminus of the interior lot line to a point perpendicular to
the front wall of the dwelling at the furthest point from the interior lot line.
(b) The property line separating a parcel of land associated with an individual
Townhouse Dwelling from the private interior lane-way extending between
the front and rear lot lines shall be deemed to be an exterior lot line.
(c) The maximum lot coverage shall be calculated based on the total area of
the land zoned “RM1-22”.
13.3.23
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-THREE
(RM1-23) ZONE
13.3.23.1
Notwithstanding Sections 13.1.1 and 13.2.1, land zoned “RM1-23”, may only
be used for a Townhouse Dwelling development containing not more than 16
dwelling units, subject to the following exceptions:
(a) Minimum Lot Frontage (min.)
6m
(b) Minimum Lot Area (min.)
200 sq. m
(c) Section 3.6 Frontage on a Street shall not apply.
13.3.23.2
Notwithstanding the definitions of “Front Lot Line” and “Lot
Coverage”, for the purpose of this By-law:
(a) The property line separating a parcel of land associated with an individual
row-house dwelling from the private interior lane-way adjacent to
Mississaga Street West shall be deemed to be the front lot line.
(b) The Maximum Lot Coverage shall be calculated based on the total area of
the land zoned “RM1-23”.
13.3.24
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-FOUR
(RM1-24) ZONE
13.3.24.1
Notwithstanding Sections 13.1.1 and 13.2.1, land zoned “RM1-24” may only be
used for a Multiple Dwelling containing not more than 7 dwelling units, subject
to the following exceptions:
(a)
(b)
(c)
(d)
Front Yard (min.)
Rear Yard (min.)
Minimum Easterly Side Yard
Abutting Detached Accessory Buillding
No landscaping buffer required on Easterly
Side Yard abutting parking spaces
3m
3m
Nil
13.3.25
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-FIVE
(RM1-25) ZONE
13.3.25.1
Notwithstanding Sections 10.2.1.2, 13.1.1 and 13.2.1, lands zoned “RM1-25”
may be used for:
(a) Single Detached Dwellings developed in accordance with the provisions of
the “Second Density Residential (R2) Zone” subject to the following
exception:
81
i) Lot Frontage (min.)
12 m
(b) Semi-Detached Dwellings and/or Link Semi Detached Dwellings developed
in accordance with the provisions of the “Third Density Residential (R3)
Zone”
(b) Townhouse Dwellings and/or Link Townhouse Dwellings developed in
accordance with the provisions of the “First Density Multiple Residential
(RM1) Zone”
(c) Apartment Dwellings developed in accordance with the provisions of the
“Second Density Multiple Residential (RM2) Zone”.
13.3.26
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-SIX
(RM1-26) ZONE
13.3.26.1
Notwithstanding Sections 3.6, 13.1.1, 13.2.1, and 13.2.1.7, lands zoned “RM126” may be subdivided into separate dwelling units and associated lots for a
maximum of 20 row house dwelling units and 4 semi-detached dwelling units
subject to the following exceptions:
(a)
(b)
(c)
Lot Area (min.)
Lot Frontage on a private lane-way (min.)
Building Height (max.)
165 sq. m/unit
5.4 m/unit
2 storeys and 10 m
1. A minimum 1.5 m high board on board privacy fence shall be erected along
the northern boundary of the “RM1-26” zone.
2. The property line separating a parcel of land associated with an individual
row house or semi-detached dwelling unit from a private interior lane-way
shall be deemed to be the front lot line.
3. The property line separating a parcel of land associated with an individual
row house or semi-detached dwelling from a private interior lane-way
extending between the front and rear lot lines shall be deemed to be the
flankage lot line.
4. The Maximum Lot Coverage shall be calculated based upon the total area
of the land zoned “RM1-26”.
13.3.27
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-SEVEN
(RM1-27) ZONE
13.3.27.1
Notwithstanding Sections 3.6, 3.16.1.2, and 13.2.1, lands zoned “RM1-27”
shall be subject to the following exceptions:
(a)
(b)
(c)
13.3.27.2
Width of a landscaping strip abutting the private
interior laneway in conjunction with screening consisting
of trees, shrubs or other horticultural elements (min.)
Lot Frontage on Cedar Island Road (min.)
Visitor Parking Spaces (min.)
0.5 m
15 m
3
Notwithstanding the definitions of “Front Lot Line” and “Lot Coverage” for the
purposes of the “RM1-27” zone:
1. The “Front Lot Line” shall mean the property line separating a lot from the
private interior lane-way;
2. The “Lot Coverage” shall be calculated based upon the total area of the
82
private land zoned “RM1-27”.
13.3.28
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-EIGHT
(RM1-28) ZONE
13.3.28.1
Notwithstanding Sections 3.1.4.1(c), 3.6.1, 3.16.1.2, 3.16.1.5, 3.16.1.13,
13.1.1, and 13.2.1, lands zoned “RM1-28” may only be used for a maximum of
36 Link Townhouse Dwelling Units, and an associated Recreational
Establishment with pool with all being subject to the following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
13.3.28.2
Projection of open or roofed porch into required
front yard (max.)
Length of parking space (min.)
Lot Area (min.)
Lot Frontage (min.)
Front Yard (min.)
Interior Side Yard – end unit (min.)
Exterior Side Yard (min.)
Rear Yard (min.)
Lot Coverage for All Dwelling Units, Recreational
Establishment, and All Accessory Buildings and
Structures shall not exceed 41.2% as per the Lot
Coverage Schedule attached hereto*.
A minimum of 12 visitor parking spaces shall be provided.
Private outdoor living areas and associated privacy fences
shall not be required.
2.6 m
5.5 m
245 sq. m/unit
9.0 m/unit
3.0 m
0.61 m
1.8 m
.94 m to 14.0 m
Notwithstanding the definitions of “Front Lot Line”, “Exterior Lot Line” and “Lot
Coverage”, for the purposes of the “RM1-28” zone:
(a) The property line separating a lot associated with an individual linked
townhouse dwelling unit from the private interior lane-way which is
intersected by the driveway for that unit shall be deemed to be the front lot
line.
(b) The property line separating a parcel of land associated with an individual
linked townhouse dwelling unit from a private lane-way extending between
the front and rear lot lines shall be deemed to be an exterior lot line.
(c) The maximum lot coverage shall be calculated based upon the total area of
the private land zoned “RM1-28”.
83
LOT COVERAGE SCHEDULE
Lot
#
Model
Type
Lot
Area
(sq. m.)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
TOTALS
B2
B4
B1
B3/B5
B1
B3/B5
B1
B3/B5
B1
B2
B1
B1
B1
B2
B4
B6
B3/B5
B6
B3/B5
B6
B3/B5
B3/B5
B3/B5
B3/B5
Rec
Center
B4
B4
B3/B5
B3/B5
B3/B5
B3/B5
B3/B5
B3/B5
B3/B5
B3/B5
B4
House Coverage
(sq. m.)
332.64
367.73
298.47
256.15
393.55
270.33
379.92
264.89
298.50
345.23
298.50
298.49
479.74
496.98
311.38
329.31
246.85
327.52
245.69
327.83
252.26
402.62
376.24
274.87
1139.30
120.79
136.38
113.83
132.14
113.83
132.14
113.83
132.14
113.83
120.79
113.83
113.83
113.83
120.79
136.38
149.00
132.14
149.00
132.14
149.00
132.14
132.14
132.14
132.14
327.39
340.45
327.11
299.59
261.35
290.09
278.51
247.48
267.97
247.48
258.64
317.86
136.38
136.38
132.14
132.14
132.14
132.14
132.14
132.14
132.14
132.14
136.38
12,151.56
4,861.81
Total Lot Area (from
above)
Total Common Elements
Area
Total Area
Total House & Deck Coverage (from
above)
Total Site
Area
Total Site Coverage Proposed
(sq. m.)
Potential
Additions
House +
Deck
Coverage
(sq. m.)
(sq. m.)
4.85
45.33
8.52
11.82
16.10
15.72
15.50
37.17
93.25
11.19
8.99
7.04
45.70
6.48
7.90
6.56
44.39
6.37
7.90
6.54
43.67
8.94
7.90
11.42
77.38
19.20
95.59
19.20
6.80
Pool, deck, gazebo,
clubhouse
25.66
19.96
35.05
14.35
29.08
12.58
7.63
19.62
8.04
11.34
21.38
102.95
799.17
12,151.56
sq. m.
1,847.26
sq. m.
13,998.81
sq. m.
5,763.93
sq. m.
13,998.81
sq. m.
41.17
Coverage Lot Specific
by Lot
Comments
(%)
125.64
181.71
122.35
143.96
129.93
147.86
113.83
147.64
113.83
157.96
113.83
113.83
113.83
214.04
156.56
201.74
146.52
199.95
146.41
199.21
148.98
220.94
246.93
158.14
327.39
37.77%
49.41%
40.99%
56.20%
33.02%
54.69%
29.96%
55.73%
38.13%
45.76%
38.14%
38.14%
23.73%
43.07%
50.28%
61.26%
59.36%
61.05%
59.59%
60.77%
59.06%
54.87%
65.63%
57.53%
28.74%
162.04
156.34
167.19
146.49
161.22
144.71
139.77
151.76
140.18
143.48
157.76
47.60%
47.79%
55.80%
56.05%
55.57%
51.96%
56.48%
56.63%
56.64%
55.47%
49.63%
walkout
walkout
walkout
walkout
walkout
walkout
walkout
walkout
walkout
walkout
walkout
9.4 m x 13.4 m
building
5,763.93
%
* Note: The above table has been updated to reflect Minor Variances granted under Files A26/08 through A29/08.
84
13.3.29
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-NINE
(RM1-29) ZONE
13.3.29.1
Notwithstanding Sections 13.2.1.2, 13.2.1.3(a), and 13.2.1.9(iii), lands zoned
“RM1-29” may be used for a maximum of 18 Townhouse Dwelling units subject
to the following exceptions:
Parcel of Tied
Land (POTL)
(identified by
Unit #)
1
2
3
4
5
6
7
8
9
10
11
12
Minimum Lot
Area Per POTL
180m
2
160m
2
180m
2
180m
2
160m
2
160m
2
180m
2
180m
2
160m
2
160m
2
180m
2
180m
6.0m
6.0m
6.0m
6.0m
6.0m
6.0m
6.0m
6.0m
6.0m
6.0m
6.0m
13
14
15
180m
2
180m
2
180m
2
6.0m
6.0m
16
17
18
180m
2
180m
2
180m
2
6.0m
6.0m
6.0m
2
Minimum Front
Yard Setback Per
POTL
4.5m
for
the
main
building; 6.0m for the
garage
4.5m
for
the
main
building; 6.0m for the
garage
Maximum Lot
Coverage Per
POTL
52%
61%
47%
47%
61%
61%
47%
47%
61%
61%
47%
47%
57%
45%
57%
65%
61%
45%
13.3.30
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION THIRTY (RM1-30)
ZONE
13.3.30.1
Notwithstanding Sections 13.2.1.7 and 13.2.1.8, lands zoned “RM1-30” may be
used for a maximum of 9 Townhouse Dwelling units.
13.3.31
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION THIRTY-ONE
(RM1-31) ZONE
13.3.31.1
Notwithstanding Sections 3.16.1.2, 13.2.1.1, and 13.2.1.3 (a) lands zoned
“RM1-31” may only be used for a Multiple Dwelling, with not more than 6
Dwelling Units with the provision of 1.25 parking spaces per unit, 25% of which
shall be for visitor parking and a minimum of 1 parking space for persons with
disabilities subject to the following exceptions:
BY-LAW 2009-57
(a) Lot Area per Unit (min.)
(b) The existing building shall be deemed to comply with this
by-law with respect to any deficiencies
145 sq. m
85
13.3.32
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION THIRTY-TWO
(RM1-32) ZONE
13.3.31.2
Notwithstanding Sections 13.2.1.4 and 13.2.1.9 (iii), the lands zoned “RM1-32”
shall be subject to the following exceptions:
BY-LAW 2010-93
(a)
The minimum lot area per Townhouse Dwelling Units shall be 164 sq. m
(b)
The maximum lot coverage for all structures shall be 100 sq. m per
Townhouse Dwelling Unit
13.3.33
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION THIRTY-THREE
(RM1-33) ZONE
13.3.33.1
In addition to the uses permitted in Section 13.1.1, a Secondary Dwelling Unit
may be permitted to be located within a Single Detached Dwelling or SemiDetached Dwelling with the provision of 1 additional parking space.
13.3.33.2
For the purposes of “RM1-33”, “Secondary Dwelling Unit” shall mean one
separate dwelling unit, which is contained in a single-detached or semi-detached
dwelling for a total of no more than two dwelling units located within the dwelling
and may also comply with the definition of duplex.
13.3.33.3
In addition to the uses permitted in Section 13.1.1 and notwithstanding Sections
3.16.1.2 and 6.2.1.5, the lands zoned “RM1-33” may also be used for a Nursing
Home, Home for the Aged, Retirement Home or Retirement Lodge in
accordance with the provisions of the “CF” zone subject to the following
exceptions:
BY-LAW 2012-40
(a)
Parking shall be supplied in a minimum ratio of 0.75 per bed of which
20% shall be for visitor parking and 5% shall be for persons with
disabilities.
(b)
Building Height (max.)
11m
13.3.33.4
In addition to the uses permitted in Section 13.1.1, the lands zoned “RM1-33”
may also be used for a use permitted in the “R4” zone in accordance with the
provisions of the “R4” zone.”
13.3.34
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION THIRTY-FOUR
(RM1-34) ZONE
13.3.34.1
Notwithstanding the definitions of “LANDSCAPED OPEN SPACE”, “LOT,
CORNER”, “LOT COVERAGE”, “LOT FRONTAGE”
and “LOT LINE,
EXTERIOR”, and for the purposes of the “RM1-34” Zone only:
BY-LAW 2012-41
“LANDSCAPED OPEN SPACE” means the open space at grade on the total
area of lands zoned “RM1-34” used exclusively for landscaping and includes any
surfaced walk, patio or similar area but does not include any driveway or ramp,
any curb, retaining wall, parking space or any open space contained within or
upon any building or structure.
86
“LOT, CORNER” means a lot situated at the intersection of two streets, two
private roads, or at the intersection of a street and a private road.
“LOT COVERAGE” means the percentage of the total area of lands zoned
“RM1-34” that are covered by all buildings or structures or portions thereof above
ground level.
“LOT FRONTAGE” means the horizontal distance along and abutting Laclie
Street prior to any subdivision of the subject lands into separate units and
associated lots as permitted under subsection 13.2.1.9.
Following any
subdivision of the subject lands under subsection 13.2.1.9, the Lot Frontage for
each newly created separate unit and associated lot means the shortest lot line
along and abutting a private road.
“LOT LINE, EXTERIOR” means a side lot line which abuts a street or a private
road on a corner lot.
“SALES OFFICE, TEMPORARY” means a building or structure utilized
temporarily to support the promotion and sales of residential Dwelling Units.
13.3.34.2
Notwithstanding any provisions to the contrary of subsections 3.5.1, 13.2.1.3(a),
13.2.1.3(d), 13.2.1.7, and 13.2.1.8, lands zoned
“RM1-34” may also be used
for a maximum of 178 Townhouse Dwelling Units, as well as stormwater
management facilities and related infrastructure to accommodate the subject
lands as well as the lands zoned “RM2-27” and “C3-27”, subject to the following
exceptions:
(a)
(b)
(c)
(d)
(e)
Fence Height (max.)
Front Yard (min.)
Rear Yard (min.)
Setback from Provincial Highway (min.)
Building Height (min.)
2.2 m
6.5 m
7.0 m
14.0 m
2 storeys or equivalent
For the purposes of the “RM1-34” Zone only, a building with a minimum height of
6 metres shall be deemed to be the equivalent of 2 storeys.
Notwithstanding any other provisions of the Zoning By-law, as amended, Lot
Frontage and Yard Requirements, shall not apply to the blocks on which
stormwater management facilities are located.
13.3.34A
FIRST DENSITY MULTIPLE RESIDENTIAL EXCEPTION THIRTY-FOUR “A”
(RM1-34A) ZONE
13.3.34A.1
In addition to the uses permitted in Section 13.1.1, the lands zoned “RM1-34”
may also be used for a Single Detached Dwelling, and Duplex Dwelling, in
accordance with the provisions of the “R1” zone.
BY-LAW 2012-146
87
PART 14 - SECOND DENSITY MULTIPLE RESIDENTIAL (RM2) ZONE
14.1
USES PERMITTED
14.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Second Density Multiple Residential
(RM2) Zone, except for one or more of the following uses:
A use permitted in the “RM1” zone and in accordance with the provisions of the
“RM1” Zone
Apartment Dwelling
Park
14.2
ZONE PROVISIONS
14.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Second Density Multiple Residential
(RM2) Zone, except in conformity with the following zone provisions:
14.2.1.1
Lot Area (min.)
14.2.1.2
Lot Frontage (min.)
14.2.1.3
Yard Requirements (min.)
(a)
Water Setback
(b)
underground parking garage
(all yards)
(c)
Front
(d)
Interior Side – one half of the building
height or 6 m, whichever is greater
(e)
Exterior Side
(f)
Rear – one half of the building
height or 7.5 m, whichever
is greater
14.2.1.4
Lot Coverage (max.)
14.2.1.5
Building Height (max.)
14.2.1.6
Landscaped Open Space (min.)
1000 sq. m
30 m
25 m
1m
7.5 m
6 m
35 %
12.5 m
40 %
88
14.3
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION ZONES
14.3.1
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION ONE (RM2-1)
ZONE
14.3.1.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-1" may only be
used for an Apartment Dwelling containing not more than 8 dwelling units subject
to the following exceptions:
(a)
(b)
(c)
(d)
Lot Area (min.)
Rear Yard (min.)
Parking spaces in front yard (max.)
Landscaped open space (min.)
960
5.0
sq. m
m
3
43%
14.3.2
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWO (RM2-2)
ZONE
14.3.2.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-2" may only be
used for an Apartment Dwelling containing not more than 10 dwelling units
subject to the following exceptions:
(a)
(b)
(c)
Parking spaces in front yard (max.)
Northerly Interior Side Yard (min.)
Southerly Interior Side Yard (min.)
14
4.5
1.8
m
m
14.3.3
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION THREE (RM2-3)
ZONE
14.3.3.1
Notwithstanding Sections 3.1, 3.16.1.2, 14.1.1 and 14.2.1, lands zoned “RM2-3"
may only be used for an Apartment Dwelling containing not more than 22
dwelling units subject to the following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
14.3.4
Lot Frontage (min.)
100.0 m
Lot Area (min.)
0.5
ha
Lot Coverage (max.)
35%
Building Height (max.)
8.1
m
Parking shall be supplied in a ratio of 1.25 spaces per dwelling unit
No accessory structures shall be permitted
Rear Yard (min.)
14.0 m
Setback from Museum Drive (min.)
7.5
m
Setback from an “R1” or “R1 Exception” zone (min.)
10.0 m
Setback from an “RM1” or “RM1 Exception” zone (min.)
7.0
m
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION FOUR (RM2-4)
ZONE
(Repealed by By-law 2010-10)
89
14.3.5
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION FIVE (RM2-5)
ZONE
14.3.5.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-5" may only be
used for up to three Apartment Dwellings each containing not more than 24
dwelling units.
14.3.6
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION SIX (RM2-6)
ZONE
14.3.6.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-6" may, in
addition to the existing Apartment Dwelling on site, be used for a second
Apartment Dwelling subject to the following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Projection of balconies into a side yard (max.)
Area of basement or cellar for use as dwelling units
Number of Dwelling Units (max.)
One Bedroom Units
Two Bedroom Units
Three Bedroom Units
Landscaped Open Space (min.)
East Side Yard (min.)
West Side Yard (min.)
Building Height (max.)
2.2
m
100%
2
19
11
45%
5.5
3.5
12.0
m
m
m
14.3.7
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION SEVEN (RM2-7)
ZONE
14.3.7.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-7" may only be
used for an Apartment Dwelling containing not more than 37 dwelling units and a
minimum rear yard of 5.7 m shall be provided.
14.3.8
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION EIGHT (RM2-8)
ZONE
14.3.8.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-8" may only be
used for an Apartment Dwelling containing not more than 32 dwelling units
subject to the following exceptions:
(a)
(b)
Setback from Borland Street (min.)
Building height (max.)
60.0 m
12.5 m
14.3.9
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION NINE (RM2-9)
ZONE
14.3.9.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-9" may only be
used for three Apartment Dwellings containing a combined total of 106 dwelling
units subject to the following exceptions:
90
(a)
(b)
(c)
(d)
(e)
(f)
(g)
West side setback (front yard) (min.)
7.5 m
East side water setback (rear yard) (min.)
22.5 m
North side setback (side yard) (min.)
10.0 m
South side setback (side yard) (min.)
7.5 m
Building Height (max.)
28.5 m
Lot Coverage (max.)
20%
The underground parking structure shall be set back 7.0 m from Orchard
Point Road, 7.0 m from Driftwood Road, 20.0 m from the shoreline of
the Atherley Narrows, and 0.5 m from Atherley Road.
14.3.10
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TEN (RM2-10)
ZONE
14.3.10.1
Notwithstanding Sections 3.16.1.2, 14.1.1 and 14.2.1, lands zoned “RM2-10"
may only be used for an Apartment Dwelling containing not more than 66
dwelling units subject to the following exceptions:
(a)
(b)
(c)
(d)
Lot Frontage (Albert Street) (min.)
Setback from east property line (min.)
Setback from Albert Street (min.)
Parking Spaces (min.)
24 m
2m
38 m
73
14.3.11
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION ELEVEN (RM2-11)
ZONE
14.3.11.1
Notwithstanding Sections 3.16.1.2, 14.1.1 and 14.2.1, lands zoned “RM2-11"
may only be used for an Apartment Dwelling containing not more than 37
dwelling units subject to the following exception:
(a)
14.3.12
14.3.12.1
Parking Spaces
nil
SECOND DENSITY RESIDENTIAL EXCEPTION TWELVE (RM2-12) ZONE
Notwithstanding Sections 3.10.3, 3.15.1, 3.16.1.2, 3.20.1.5, 14.1.1, 14.2.1.3,
14.2.1.5, lands zoned “RM2-12” may only be used for Apartment Dwellings
containing not more than 122 dwelling units with 1.5 parking spaces per unit of
which 20% shall be for visitor parking subject to the following exceptions:
(c)
(d)
(e)
BY-LAW 2009-119
(f)
(g)
Front Yard (min.)
Parking Garage
Main Building
Northwest Side Yard (min.)
Parking Garage
Main Building
Southeast Side Yard (min.)
Parking Garage
Main Building
Lake Setback (min.)
Parking Garage
Main Building
Building Height (max.)
7.0 m
8.0 m
7.8 m
7.8 m
8.0 m
9.7 m
27.0 m
35.0 m
28.0 m
91
(h)
(i)
(j)
A Landscape Buffer Strip containing a contiguous strip of coniferous
plantings shall be constructed and maintained along the northwest
property line so as to, in conjunction with supplemental plantings,
provide visual screening of the Apartment Dwellings and the related
parking areas for the adjacent residential dwellings.
The required 1.5m landscape buffer strip abutting the front lot line,
exclusive of entrances, may be reduced from 1.5m to 0m for a length of
45m along the front lot line.
Where the City of Orillia realigns or widens a public street, highway or
trail, or acquires property for the widening or realignment of a public
street, highway, or trail, and where as a result of such widening, the
abutting uses become non-complying with respect to the provisions of
this By-law, the structures on such lands shall be deemed to be in
conformity with the provisions of this By-law, provided that such uses
were in compliance with the provisions of this By-law prior to the date of
the widening taking place.
14.3.13
SECOND DENSITY
(RM2-13) ZONE
14.3.13.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-13" may only be
used for an Apartment Dwelling containing not more than 20 dwelling units
subject to the following exceptions:
(a)
(b)
(c)
(d)
(e)
MULTIPLE RESIDENTIAL EXCEPTION THIRTEEN
West side setback (front yard) (min.)
East side setback (rear yard) (min.)
North side setback (side yard) (min.)
Lake side setback (min.)
Building Height (max.)
4.0
4.0
30.0
20.0
19.0
m
m
m
m
m
14.3.14
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION FOURTEEN
(RM2-14) ZONE
14.3.14.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-14" may only be
used for Apartment Dwellings, Townhouse Dwellings, Link Townhouse
Dwellings, Semi-Detached Dwellings or Link Semi-Detached Dwellings subject to
the following provisions:
(a)
(b)
(c)
Apartment Dwellings shall comply with all requirements of the “RM2”
Zone.
Townhouse Dwellings and Link Townhouse Dwellings shall comply with
all requirements of the “RM1” Zone.
Semi-Detached Dwellings and Link Semi-Detached Dwellings shall
comply with all requirements of the “R3-6” Zone, save and except
Section 11.3.6.1(d) thereof.
14.3.15
SECOND DENSITY
(RM2-15) ZONE
MULTIPLE
RESIDENTIAL
EXCEPTION
FIFTEEN
14.3.15.1
Notwithstanding Sections 3.16.1.2, 14.1.1 and 14.2.1, lands zoned “RM2-15"
may only be used for an Apartment Dwelling containing a maximum of 54
92
live/work units in a building 4 storeys above finished grade subject to the
following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
For the purposes of this by-law a live/work unit shall mean a residential
dwelling unit, a portion of which may be devoted to a home occupation
use.
Home occupation floor area shall be limited to a maximum of 50% of
the gross floor area for dwelling units located above the first floor.
Shoreline setback (min.)
20.0 m
Front Yard (min.)
75.0 m
Rear Yard (min.)
1.0 m
Exterior Side Yard (min.)
1.0 m
Interior Side Yard (min.)
• from a residential lot
12.0 m
• from any other lot
1.0 m
Building Height (max.)
12.8 m
Lot Coverage (max. including water lots)
40%
Parking spaces (min.)
78
Small craft watercraft docking for residences on
same lot (max.)
25
14.3.16
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION SIXTEEN (RM216) ZONE
14.3.16.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-16” may only be
used for two Apartment Dwellings containing not more than 68 dwelling units
subject to the following exceptions:
(a)
Front Yard (min.)
14 m
(b)
Southerly Interior Side Yard (min.)
12 m
(c)
Building Height (max.)
11.5 m
14.3.17
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION SEVENTEEN
(RM2-17) ZONE
14.3.17.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-17” may only be
used for an Apartment Dwelling containing a maximum of 53 dwelling units
subject to the following exceptions:
(a)
(b)
Interior Side Yard (min.)
Building Height (max.)
6m
17 m
14.3.18
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION EIGHTEEN (RM218) ZONE
14.3.18.1
Notwithstanding Sections 3.16.1.2, 3.16.1.5, 3.16.1.11, 14.1.1 and 14.2.1, lands
zoned “RM2-18” may only be used for an Apartment Dwelling containing not
more than 27 dwelling units subject to the following exceptions:
(a)
(b)
(c)
A minimum of six visitor parking spaces shall be provided.
Minimum Width of Parking Space – for
90 degree parking spaces
2.6 m
Front Yard (min.)
7m
93
(d)
(e)
(f)
(g)
Westerly Interior Side Yard (min.)
Easterly Interior Side Yard (min.)
Building Height (max.)
Landscaped Open Space (min.)
5m
9m
24 m
32%
14.3.19
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION NINETEEN (RM219) ZONE
14.3.19.1
Notwithstanding Sections 3.2.1, 3.16.1.18, 3.23.1, 14.1.1 and 14.2.1.3(c), (e), &
(f), the lands zoned “RM2-19” may only be used for an Apartment Dwelling
containing not more than 7 dwelling units subject to the following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
Front Yard (min.)
5.0 m
Exterior Side Yard (min.)
1.0 m
Rear Yard (min.)
5.5 m
No landscaped strip shall be provided along the interior side lot line and
rear lot line.
Dwelling units may be constructed in the basement. Where such
basement, or part thereof, is to be used for dwelling units such units must
comply with the requirements of the Ontario Building Code.
No parking and no fence, hedge, shrub, bush or tree or any building or
structure, vegetation or lot grading shall be permitted to exceed a height
greater than 1.0 m above finished grade of the traveled portion of the
streets that abut the northwest corner of the lot within the triangular area
included within the street lines for a distance of 6.0 m from their point of
intersection.
14.3.19.2
For the purpose of this By-law, an “Apartment Dwelling” shall mean “a building
containing five or more dwelling units which has a common entrance from the
ground level for all dwelling units with one dwelling unit permitted to have an
exclusive entrance from the ground level. The occupants of the apartment
dwelling have the right to use, in common, halls and/or stairs and/or elevators
and yards.
14.3.20
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY (RM220) ZONE
14.3.20.1
Notwithstanding Sections 3.16.1, 13.2.1.8, 14.1 and 14.2, lands zoned “RM2-20”
may only be used for up to 60 Apartment Dwelling units and up to 7 Townhouse
Dwelling units subject to the following provisions:
(a)
Lot Area Townhouses (min.)
180 sq. m/unit
(b)
Lot Area Apartments (min.)
3700 sq. m
(c)
Lot Frontage Townhouses (min.)
5.4 m per lot
if subdivided
(d)
Lot Frontage Apartments (min.)
64 m
(e)
Front Yard Townhouses (min.)
6m
94
(f)
Front Yard Apartments (min.)
7.5 m
(g)
Interior Side Yard Townhouses (min.)
1.8 m
(h)
Interior Side Yard Apartments (min.)
12.5 m
(i)
Exterior Side Yard Townhouses (min.)
3.8 m
(j)
Exterior Side Yard Apartments (min.)
5m
(k)
Rear Yard Townhouses (min.)
7.5 m
(l)
Rear Yard Apartments (min.)
5.6 m
(m)
Lot Coverage Townhouses (max.)
38%
(n)
Lot Coverage Apartments (max.)
36%
(o)
Outdoor Living Area Townhouses (min.)
44.1 sq. m per
Townhouse Unit
(p)
Privacy Fence Height Townhouses (min.)
0m
(q)
Landscaped Open Space Townhouses
50% minimum overall
(r)
Landscaped Open Space Apartments
(s)
Parking Spaces Townhouses
2 spaces per
(including 1 garage space and 1 surface parking space)
(t)
Parking Spaces Apartments
36% minimum overall
(balconies not included as open space)
unit
76 spaces
(including 55 basement parking spaces and 21
surface parking spaces of which one is designated
for parking for persons with disabilities and 16
are designated for visitor parking)
(u)
Building Height Townhouses (max.)
8.0 m
(v)
Building Height Apartments (max.)
27.75 m
14.3.21
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-ONE
(RM2-21) ZONE
14.3.21.1
Notwithstanding Sections 3.16.1, 14.1 and 14.2, lands zoned “RM2-21” may only
be used for up to 8 Apartment Dwelling units subject to the following provisions:
(a)
(b)
(c)
Lot Area (min.)
Lot Frontage (min.)
Front Yard Setback (min.)
1065 sq. m
15 m
30.0 m
95
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Interior Side Yard - north side (min.)
Interior Side Yard - south side (min.)
Rear Yard (min.)
Lot Coverage (max.)
Landscaped Open Space (min.)
Parking Spaces (min.)
Building Height (max.)
3.35 m
6.8 m
5.8 m
22%
48%
8
6.25 m
14.3.22
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-TWO
(RM2-22) ZONE
14.3.22.1
Notwithstanding Sections 3.1.2.2, 3.16.1.1(a), 14.1.1, 14.2.1.3(a) and (c) and
14.2.1.5, lands zoned “RM2-22” may also be used for a maximum of 3 apartment
buildings with a maximum of 144 dwelling units subject to the following
exceptions:
BY-LAW 2009-72
(a)
(b)
(c)
(d)
(e)
Water Setback (min.)
Front Yard – west side (min.)
Rear yard – east side (min.)
Building Height (max.)
Setback for accessory buildings (min.)
13.6 m
7.4 m
6.3 m
27.0 m
2.0 m
14.3.23
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-THREE
(RM2-23) ZONE
14.3.23.1
Notwithstanding Sections 3.16.1.2 and 14.2.1.2, lands zoned “RM2-23” may also
be used for a maximum of two Apartment Dwellings containing up to 32 Dwelling
Units in each subject to the following exceptions:
(a)
Visitor Parking Spaces (min.)
(i)
BY-LAW 2009-74
(b)
26
and notwithstanding Section 3.16.1.5 a maximum
of 6 parking spaces shall be permitted to have a depth
of 5.5 metres.
Lot Frontage (min.)
15.2 m
and a maximum of seven Townhouse Dwelling Units, which are subject to
the provisions of the RM1 Zone, with the exception that Section 13.2.1.6
shall not apply and the minimum Landscaped Open Space requirements
of the RM2 Zone shall apply to all of the lands zoned “RM2-23” (being a
minimum of 40%).
14.3.24
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-FOUR
(RM2-24) ZONE
(Repealed by By-law 2012-59)
14.3.25
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-FIVE
(RM2-25) ZONE
96
14.3.25.1
In addition to the uses permitted in Section 14.1.1, Stacked Townhouses shall
also be a permitted use in accordance with the provisions of the “RM1” Zone.
Notwithstanding Sections 13.2.1.1, 13.2.1.2, 13.2.1.3(d), 13.2.1.7 and 13.2.1.8,
the lands zoned “RM2-25” shall be subject to the following exceptions:
(a) Lot Area (min.)
(b) Lot Frontage (min.)
(c) Northerly Rear Yard (min.)
Easterly Rear Yard (min.)
(d) Stacked Townhouse
Outdoor Living Area (min.)
(e) Privacy Fence Height (min.)
151 sq. m / unit
10 m
7m
7.5 m
12 sq. m for ground floor units only
1.8m for ground floor units only
14.3.25.2
For the purposes of the “RM2-25” zone, a “Stacked Townhouse” shall mean a
building or structure containing townhouses, divided horizontally and vertically
with each unit having its own private entrance to the exterior.
14.3.26
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-SIX
(RM2-26) ZONE
14.3.26.1
Notwithstanding Sections 14.1.1 and 14.2.1, lands zoned “RM2-26” may only be
used for Apartment Dwellings, Townhouse Dwellings, Link Townhouse
Dwellings, Semi-Detached Dwellings or Link Semi-Detached Dwellings subject to
the following provisions:
(a)
Notwithstanding Sections 3.16.1.2, 3.16.1.5, 14.2.1.3(c), 14.2.1.3(e), and
14.2.1.5, Apartment Dwellings shall comply with all requirements of the
“RM2” Zone subject to the following exceptions:
i)
1.25 parking spaces per dwelling unit for apartment dwellings
(rental) of which 22% shall be for visitor parking.
ii)
A parking space shall be rectangular in shape having a minimum
width of 2.5 m and a minimum length of 6 m.
iii)
Front Yard (min.)
5.5 m
iv)
Exterior Side (min.)
5.5 m
v)
Building Height (max.)
16 m
BY-LAW 2010-66
14.3.27
(b)
Townhouse Dwellings and Link Townhouse Dwellings shall comply with
all requirements of the “RM1” Zone.
(c)
Semi-Detached Dwellings and Link Semi-Detached Dwellings shall
comply with all requirements of the “R3-6” Zone, save and except Section
11.3.6.1(d) thereof.
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-SEVEN
(RM2-27) ZONE
97
14.3.27.1
BY-LAW 2012-41
Notwithstanding the definition of “LOT” and “LOT FRONTAGE”, and for the
purpose of the “RM2-27” Zone only:
“LOT” means the whole of the area zoned “RM2-27” despite any future division
thereof as a result of an approval under the Condominium Act, 1998. The
provisions of the By-law, as amended, shall continue to apply to the whole of the
area zoned “RM2-27” as if no such division occurred.
“LOT FRONTAGE” means the horizontal distance along and abutting a private
road providing vehicular access to the lands zoned “RM2-27”.
14.3.27.2
Notwithstanding any provisions to the contrary of subsections 3.5.1, 14.2.1.2,
14.2.1.3(c) 14.2.1.3(d), 14.2.1.3(f), 14.2.1.5, the lands zoned “RM2-27” may also
be used for a maximum of 120 Apartment Dwelling Units, subject to the following
exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Fence Height (max.)
Lot Frontage (min.)
Southerly Yard (Setback from “RM1-34” Zone) (min.)
Southerly Yard (Setback from “RM1-34” Zone) (max.)
Westerly Yard (min.)
Northerly Yard (min.)
Easterly Yard (min.)
Building Height (max.)
2.2 m
9.0 m
7.5 m
15.0 m
14.0 m
14.0 m
8.0 m
28.0 m
14.3.28
SECOND DENSITY MULTIPLE RESIDENTIAL EXCEPTION TWENTY-EIGHT
(RM2-28) ZONE
14.3. 27.1
Notwithstanding Section 14.2.1.2, lands zoned “RM2-28” may also be used for a
maximum of two, three storey apartment dwellings containing up to a maximum
of 65 dwelling units subject to the following exception:
BY-LAW 2012-115
(a) Lot Frontage (min.)
26 m
98
PART 15 - RESIDENTIAL MOBILE HOME (RMH) ZONE
15.1
USES PERMITTED
15.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Residential Mobile Home (RMH) Zone,
except for one or more of the following uses:
Mobile Home Park
Park
15.2
ZONE PROVISIONS
15.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Residential Mobile Home (RMH) Zone,
except in conformity with the following zone provisions:
15.2.1.1
Lot Area (min.)
2
ha
15.2.1.2
Lot Frontage (min.)
135
m
15.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
(d)
Rear
(e)
Water Setback
15
7.5
15
7.5
25
m
m
m
m
m
15.2.1.4
Lot Coverage (max.)
50
%
15.2.1.5
Building Height (max.)
11
m
15.2.1.6
Landscaped Open Space (min.)
45
%
15.2.1.7
Mobile Home Site (min.)
(a) Lot Area
(b) Lot Frontage
(c) Lot Depth
(d) Side Yard
(e) Front Yard
370
12
24
3
6
sq. m
m
m
m
m
15.2.1.8
All mobile homes shall be provided with durable skirtings to screen the view of
the undercarriage or foundation supports and any accessory structure shall be
so designed to harmonize with the mobile home.
15.2.1.9
There shall be no outside storage of any furniture, domestic equipment, or
seasonally used equipment. Covered storage shall be provided and located
either at the individual mobile home or so that it can be used communally.
15.2.1.10
Recreation space shall be provided on the basis of 9.0 sq. m per mobile home
site. Such space shall be free of traffic hazards and shall not include areas
99
designated as greenbelt planting strip. Where such recreation space exceeds
465 sq. m two or more such areas shall be provided.
15.2.1.11
All areas of a Mobile Home Park not occupied by mobile homes and their
additions, storage buildings, internal roads, foot paths, driveways, permanent
buildings and any other development facility, shall be sodded and landscaped.
15.2.1.12
Notwithstanding the provisions of Section 3.16.1.2, each mobile home site shall
be provided with at least one car parking space and in addition, visitor parking
shall be provided in the amount of one space for every four mobile home sites,
and shall be dispersed throughout the Mobile Home Park. Such visitor parking
shall not be used for the storage of Recreation Equipment.
15.2.1.13
Notwithstanding the provisions of Section 3.16.1.16 each mobile home site shall
be accessible by means of an internal, hard surface driveway in accordance with
the following provisions.
(a) a minimum of 4 m in width where the traffic flow is one-way; or
(b) a minimum of 8 m in width where the traffic flow is two-way.
15.2.1.14
Each mobile home site shall be provided with underground services, which shall
include fuel supply, electrical service and municipal piped water and sewage
disposal facilities.
15.2.1.15
No development shall be permitted in any required yard. Where a Mobile Home
Park abuts a Commercial or Industrial Zone, such abutting yard shall be
provided, in addition to the required landscaping, with a fence not less than 1.5
m in height.
15.3
RESIDENTIAL MOBILE HOME EXCEPTION ZONES
100
PART 15A - WEST RIDGE RESIDENTIAL
All provisions of this By-law, apply to the lands save and except for the specific
provisions as set out below.
15A.1
WEST RIDGE RESIDENTIAL 1 (WRR1) ZONE
15A.1.1 USES PERMITTED
 Single Detached Dwelling
 Home Occupation subject to the provisions of Section 3.9
 Park, Playground, Walkway
 Church subject to the provisions of Section 6.2
 School subject to the provisions of Section 6.2
 Day Nursery within a Church or School
 Public Uses as set out in Section 3.17
15A.1.2 ZONE PROVISIONS
 Minimum Lot Area
 Minimum Lot Frontage
 Minimum Yard Requirements
(i)
Front


(ii)
Interior Side
(iii)
Exterior Side
(iv)
Rear
Minimum Setback from TransCanada Pipeline
Maximum Lot Coverage


Maximum Building Height
Maximum Driveway Width
15A.2
460 sq.m
15.0 m
4.5 m for main building; 6.0 m
for garage
1.2 m
3.0 m
7.0 m
10.0 m
40% for 2 storey dwelling; 45%
for 1 and 1.5 storey dwelling
11.0 m
40% of the Lot Frontage as
defined.
WEST RIDGE RESIDENTIAL 2 (WRR2) ZONE
15A.2.1 USES PERMITTED
 Single Detached Dwelling
 Home Occupation subject to the provisions of Section 3.9
 Park, Playground, Walkway
 Church subject to the provisions of Section 6.2
 School subject to the provisions of Section 6.2
 Day Nursery within a Church or School
 Public Uses as set out in Section 3.17
15A.2.2 ZONE PROVISIONS
 Minimum Lot Area
 Minimum Lot Frontage
 Minimum Yard Requirements
(i)
Front
(ii)
(iii)
(iv)
Interior Side
Exterior Side
Rear
400 sq.m
12.0 m
4.5 m for main building; 6.0 m
for garage
1.2 m
3.0 m
7.0 m
101


Minimum Setback from TransCanada Pipeline
Maximum Lot Coverage


Maximum Building Height
Maximum Driveway Width
15A.3
10.0 m
40% for 2 storey dwelling; 45%
for 1 and 1.5 storey dwelling
11.0 m
50% of the Lot Frontage as
defined.
WEST RIDGE RESIDENTIAL 3 (WRR3) ZONE
15A.3.1
USES PERMITTED
 Single Detached Dwelling
 Home Occupation subject to the provisions of Section 3.9
 Park, Playground, Walkway
 Church subject to the provisions of Section 6.2
 School subject to the provisions of Section 6.2
 Day Nursery within a Church or School
 Public Uses as set out in Section 3.17
15A.3.2 ZONE PROVISIONS
 Minimum Lot Area
 Minimum Lot Frontage
 Minimum Lot Frontage (corner lot)
 Minimum Yard Requirements
(i)
Front
(ii)
Interior Side


(iii)
Exterior Side
(iv)
Rear
Minimum Setback from TransCanada Pipeline
Maximum Lot Coverage


Maximum Building Height
Maximum Driveway Width
15A.4
300 sq.m
10.0 m
12.0 m
4.5 m for main building; 6.0 m
for garage
0.6 m on one side and 1.2 m
on the other side
3.0 m
7.0 m
10.0 m
40% for 2 storey dwelling; 45%
for 1 and 1.5 storey dwelling
11.0 m
40% of the Lot Frontage as
defined or 4 m whichever is greater.
WEST RIDGE RESIDENTIAL 4 (WRR4) ZONE
15A.4.1 USES PERMITTED
 Single Detached Dwelling
 Semi-Detached Dwelling, Link Semi-Detached Dwelling
 Home Occupation subject to the provisions of Section 3.9
 Park, Playground, Walkway
 Church subject to the provisions of Section 6.2
 School subject to the provisions of Section 6.2
 Day Nursery within a Church or School
 Public Uses as set out in Section 3.17
102
15A.4.2
ZONE PROVISIONS
 Minimum Lot Area
 Minimum Lot Frontage
 Minimum Lot Frontage (corner lot)

300 sq.m per unit
9.0 m per unit
11.0 m for unit abutting an
intersection
Minimum Yard Requirements
(i)
Front
(ii)
Interior Side (where units attached)
(iii)
Interior Side (units not attached)


(iv)
Exterior Side
(v)
Rear
Minimum Setback from TransCanada Pipeline
Maximum Lot Coverage


Maximum Building Height
Maximum Driveway Width
4.5 m for main building; 6.0 m
for garage
0.0 m and 1.2 m on the other
side
0.6 m on one side and 1.2 m
on the other side
3.0 m
7.0 m
10.0 m
40% for 2 storey dwelling; 45%
for 1 and 1.5 storey dwelling
11.0 m
40% of the Lot Frontage or 4 m
whichever is greater.
15A.4.3
WEST RIDGE RESIDENTIAL 4 EXCEPTION ZONES
15A.4.3.1
WEST RIDGE RESIDENTIAL 4 EXCEPTION ONE (WRR4-1) ZONE
Notwithstanding the minimum lot frontage requirements of Subsection 15.A.4.2, the lands
zoned “WRR4-1” may have a minimum lot frontage of 8.6 m per unit.
15A.5
STREETSCAPE PROVISIONS
(WRR1, WRR2, WRR3 and WRR4)
The following provisions apply to all Single Detached Dwelling units in the “WRR1”,
“WRR2”, “WRR3” and “WRR4” Zones:
(i) A minimum of 20% of the Single Detached Dwelling units on a street shall have garages
that do not project beyond the “habitable living space wall” closest to the front lot line.
(ii) A maximum of 40% of the Single Detached Dwelling units on a street shall have
garages that project a maximum of 3.0 m beyond the “habitable living space wall”
closest to the front lot line.
(iii)A maximum of 40% of the Single Detached Dwelling units on a street shall have
garages that project a maximum of 6.5 m beyond the “habitable living space wall”
closest to the front lot line.
(iv)Every third Single Detached Dwelling unit shall have a street line setback 1.0 m greater
or lesser than one of the adjacent Single Detached Dwelling units, subject to meeting all
other minimum setback requirements.
(v) For the purposes of this By-law, “habitable living space wall” is defined as a wall that
encloses any floor space used or intended to be used for human occupancy such as for
living, sleeping, cooking or eating purposes.
103
15A.6
WEST RIDGE RESIDENTIAL MULTIPLE 1 (WRRM1) ZONE
15A.6.1 USES PERMITTED
 Double Duplex Dwelling
 Fourplex Dwelling
 Townhouse Dwelling
 Link Townhouse Dwelling
 Multiple Dwelling
 Apartment Dwelling subject to the provisions of Section 15A.7.2 with the exception that
the Maximum Building Height and Density provisions of Section 15A.6.2 shall apply
 Home Occupation subject to the provisions of Section 3.9
 Park, Playground, Walkway
 Church subject to the provisions of Section 6.2
 School subject to the provisions of Section 6.2
 Day Nursery within a Church or School
 Public Uses as set out in Section 3.17
15A.6.2 ZONE PROVISIONS
 Minimum Lot Area
 Minimum Combined Lot Frontage








185.0 sq.m per dwelling unit
22.0 m, or 6.0 m per Townhouse or
Link Townhouse Dwelling unit
Minimum Yard Requirements
(i)
Front
4.5 m for main building; 6.0 m for
garage
(ii)
Interior Side (where units attached) 0.0 m
(iii)
Interior Side (end unit)
1.8 m
(iv)
Minimum setback between
unattached buildings
3.6 m
(v)
Exterior Side
3.0 m
(vi)
Rear
7.0 m
(vii) Rear abutting an Arterial Road or
an Industrial Zone
10.0 m
Minimum Setback from TransCanada
Pipeline
10.0 m
Maximum Lot Coverage
45% for Townhouse or Link
Townhouse Dwelling; 35% for all other
permitted uses
Maximum Building Height
11.0 m
Outdoor Living Area for Townhouse
or Link Townhouse Dwellings
12 sq. m per unit
Minimum Privacy Fence Height
1.8 m
Density (max. units per net ha)
42
Maximum Driveway Width
40% of the Lot Frontage as defined or 4
m whichever is greater.
15A.7
WEST RIDGE RESIDENTIAL MULTIPLE 2 (WRRM2) ZONE
15A.7.1
USES PERMITTED
 Apartment Dwelling
 Uses permitted in the “WRRM1” Zone in accordance with the provisions of Section
15A.6.2.
104
15A.7.2 ZONE PROVISIONS
 Minimum Lot Area
1,000.0 sq.m
 Minimum Combined Lot Frontage
30.0 m
 Minimum Yard Requirements
(i)
Front
7.5 m
(ii)
Interior and Exterior Side and Rear
6.0 m
(iii)
Notwithstanding subsections (i) and (ii) preceding, where a yard abuts a
residential lot, the minimum setback shall be 6 m or ½ the building height,
whichever is greater.
 Minimum Setback from TransCanada Pipeline
10.0 m
 Maximum Lot Coverage
35%
 Maximum Building Height
25.0 m
 Minimum Landscaped Open Space
40%
 Density (max. units per ha)
100
105
PART 16 - GENERAL COMMERCIAL (C1) ZONE
16.1
USES PERMITTED
16.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a General Commercial (C1) Zone, except
for the following uses:
Animal Hospital or Veterinary Clinic
Bank or Financial Institution
Bed and Breakfast Establishment
Business, Professional or Administrative Office
Club, Charitable, Service or Private
Commercial School
Community Centre
Convenience Store
Day Nursery
Dry Cleaning or Laundry establishment
Funeral Parlour
Medical Clinic
Motel, Hotel, or Hotel Apartment
Motor Vehicle Service Station
Museum, Library
Park
Parking Lot
Personal Service Shop
Place of Worship
Printer or Publisher
Recreational Establishment
Restaurant
Retail Store
Retail trade or custom workshop within an enclosed building
Service or Repair Shop
Tavern
Taxi Dispatch Office
Dwelling units as part of a building containing a permitted non-residential use on
the ground floor.
16.2
ZONE PROVISIONS
16.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a General Commercial (C1) Zone,
except in conformity with the following zone provisions:
16.2.1.1
Lot Area (min.)
25
sq. m
16.2.1.2
Lot Frontage (min.)
2.5
m
16.2.1.3
Yard Requirements (min.)
(a)
Front
0
m
106
(b)
(c)
(d)
Interior Side
- Where abutting a Residential
or Community Facility Zone
- Where no access to the rear
by public or private lane
Exterior Side
Rear
0
m
4.5
m
3.5
0
7.5
m
m
m
16.2.1.4
Lot Coverage (max.)
60
%
16.2.1.5
Building Height (max.)
12.5
m
16.2.1.6
Where a building or structure is proposed to be constructed within the General
Commercial (C1) Zone, the builder and/or the owner of such building or structure
shall be encouraged to design and construct the building or structure to portray a
Victoria architectural character.
Where an addition to an existing building or structure is proposed within the
General Commercial (C1) Zone, the builder and/or the owner of the building or
structure shall be encouraged to design and construct the addition to portray the
same architectural character of the existing building or structure.
16.2.1.7
The parking requirements of Section 3.16.1.2 are hereby reduced by 50% for the
C1 zone.
16.3
GENERAL COMMERCIAL EXCEPTION ZONES
16.3.1
GENERAL COMMERCIAL EXCEPTION ONE (C1-1) ZONE
16.3.1.1
Notwithstanding Sections 3.16.1.2 and 16.2.1.7 with respect to Place of
Assembly including theatres and bingo halls and Place of Worship, the lands
zoned “C1-1” are subject to the following exception:
BY-LAW 2009-1
(a)
Place of Assembly including theatres and bingo halls and Place of
Worship may provide parking at a minimum of 1 space per 60 fixed seats
or 1 space per 68m2 of GFA, of which a minimum of 2 spaces shall be for
parking for persons with disabilities.
16.3.2
GENERAL COMMERCIAL EXCEPTION TWO (C1-2) ZONE
16.3.2.1
Notwithstanding Section 16.1.1, lands zoned “C1-2" may only be used for a
Parking Lot.
16.3.3
GENERAL COMMERCIAL EXCEPTION THREE (C1-3) ZONE
16.3.3.1
Notwithstanding Sections 16.1.1 and 16.2.1, lands zoned “C1-3" may only be
used for a Funeral Parlour with accessory dwelling units and an existing
residential building containing 4 dwelling units subject to the following exception:
(a)
Westerly interior yard for accessory buildings
1.0
m
107
16.3.4
GENERAL COMMERCIAL EXCEPTION FOUR (C1-4) ZONE
16.3.4.1
Notwithstanding Section 16.1.1, lands zoned “C1-4" may only be used for the
following uses:
REPEALED AND
REPLACED BY
2012-58
16.3.4.1
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
Bank or Financial Institution
Business, Professional or Administrative Office
College or University
Day Nursery
Department Store
Dry Cleaning Depot
Dwelling Units
Medical Clinic
Personal Service Shop
Printer
Restaurant
Retail store
Tavern
Theatre
Notwithstanding Section 16.2.1.3 (d) lands zoned “C1-4” shall be subject to the
following exception:
(a)
(b)
(c)
Commercial Floor Area (max. gross)
Dwelling units (max.)
Rear Yard (min.)
540 sq.m
55 m
6.4 m
16.3.5
GENERAL COMMERCIAL EXCEPTION FIVE (C1-5) ZONE
16.3.5.1
Notwithstanding Section 16.1.1, lands zoned “C1-5" may also be used for a
Building Supply Outlet with ancillary outdoor storage, warehousing and a
wholesale outlet.
16.3.6
GENERAL COMMERCIAL EXCEPTION SIX (C1-6) ZONE
16.3.6.1
Notwithstanding Sections 3.16.1.5, 16.1.1 and 16.2.1, the existing building
located on lands zoned “C1-6" may also be used for a maximum of 15 dwelling
units of which a maximum of 5 may be located on the ground floor, subject to the
following exception:
(a)
Two of the required parking spaces may have a minimum length of 5 m
and a minimum area of 15 sq. m
16.3.7
GENERAL COMMERCIAL EXCEPTION SEVEN (C1-7) ZONE
16.3.7.1
Notwithstanding Section 16.2.1.3, on lands zoned “C1-7" the minimum front yard
setback shall be 6.0 m.
16.3.8
GENERAL COMMERCIAL EXCEPTION EIGHT (C1-8) ZONE
16.3.8.1
In addition to the permitted uses of Section 16.1.1 hereof, the existing building
on lands zoned “C1-8” may also be used as an Apartment Dwelling.
BY-LAW 2013-110
108
16.3.8.2
Notwithstanding Section 3.23.2 of this By-law, 100% of the basement or cellar in
the existing building on lands zoned “C1-8” may be used as dwelling units,
provided that such units comply with the requirements of the Ontario Building
Code.
16.3.8.3
Notwithstanding Section 3.16.1.2 of this By-law, where the existing building on
lands zoned “C1-8” is used solely as an Apartment Dwelling containing not more
than 15 dwelling units, a minimum of nine (9) parking spaces shall be provided.
16.3.9
GENERAL COMMERCIAL EXCEPTION NINE (C1-9) ZONE
16.3.9.1
Notwithstanding Sections 16.1.1 and 16.2.1.7, lands zoned “C1-9” may also
permit one (1) residential dwelling unit on the ground floor of the existing twostorey building to a maximum floor area of 70 sq. m.
16.3.9.2
Notwithstanding Section 3.23.1, the lands zoned “C1-9” may also permit one (1)
residential dwelling unit in the basement of the existing two-storey building to a
maximum floor area of 70 sq. m.
16.3.10
GENERAL COMMERCIAL EXCEPTION TEN (C1-10) ZONE
16.3.10.1
Notwithstanding Section 16.1.1 lands zoned “C1-10” shall only be used for an
Apartment Building with a commercial use containing no more than two (2)
apartment dwelling units on the basement level, no more than four (4) apartment
dwelling units on the ground level and no more than five (5) apartment dwelling
units on the upper level and a retail use on the ground level subject to the
following exceptions:
(a) Parking shall be a minimum of four (4) spaces
(b) Rear Yard shall be a minimum of zero (0.0) m.
16.3.11
GENERAL COMMERCIAL EXCEPTION ELEVEN (C1-11) ZONE
16.3.11.1
In addition to the uses permitted in Section 16.1.1, the ground floor of the
existing building may also be used for one (1) dwelling unit provided the
remainder of the ground floor commercial space is not used for a Tavern or Taxi
Dispatch Office and provided the uses comply with the off-street parking
requirements of this By-law.
16.3.12
GENERAL COMMERCIAL EXCEPTION TWELVE (C1-12) ZONE
16.3.12.1
Notwithstanding Section 16.1.1, lands zoned “C1-12” may only be used for a
parking lot.
BY-LAW 2012-59
109
PART 17 - NEIGHBOURHOOD COMMERCIAL (C2) ZONE
17.1
USES PERMITTED
17.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Neighbourhood Commercial (C2)
Zone, except for the following uses:
Bed and Breakfast Establishment
Business, Professional or Administrative Office
Convenience Store (not exceeding 250 sq. m per premises)
Dry Cleaning Depot
Parking Lot
Personal Service Shop
Place of Worship
Restaurant
Retail Store (not exceeding 250 sq. m per premises)
Service or Repair shop
Dwelling units as part of a building containing a permitted non-residential use on
the ground floor.
17.2
ZONE PROVISIONS
17.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Neighbourhood Commercial (C2)
Zone, except in conformity with the following zone provisions:
17.2.1.1
Lot Area (min.)
200
sq. m
17.2.1.2
Lot Frontage (min.)
10
m
17.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
(d)
Rear
7.5
6.0
7.5
7.5
m
m
m
m
17.2.1.4
Lot Coverage (max.)
40
%
17.2.1.5
Building Height (max.)
11
m
17.2.1.6
Landscaped Open Space (min.)
25
%
17.3
NEIGHBOURHOOD COMMERCIAL EXCEPTION ZONES
17.3.1
NEIGHBOURHOOD COMMERCIAL EXCEPTION ONE (C2-1) ZONE
(Repealed by By-law 2010-10)
17.3.2
NEIGHBOURHOOD COMMERCIAL EXCEPTION TWO (C2-2) ZONE
17.3.2.1
Notwithstanding Section 17.1.1, lands zoned “C2-2" may only be used for a
Beauty Salon.
110
17.3.3
NEIGHBOURHOOD COMMERCIAL EXCEPTION THREE (C2-3) ZONE
17.3.3.1
Notwithstanding Section 17.1.1, lands zoned “C2-3” may only be used for a
Motel.
17.3.4
NEIGHBOURHOOD COMMERCIAL EXCEPTION FOUR (C2-4) ZONE
17.3.4.1
Notwithstanding Section 17.1.1, lands zoned “C2-4" may only be used for a
Parking Lot serving the residential development located at 135 West Street
North subject to the following exceptions:
(a)
Buffer strip widths (min.)
•
North side
•
South side
•
West side
•
East side
2.0
2.4
1.5
1.4
m
m
m
m
17.3.5
NEIGHBOURHOOD COMMERCIAL EXCEPTION FIVE (C2-5) ZONE
17.3.5.1
Notwithstanding Section 17.1.1, lands zoned “C2-5" may only be used for a
Single Detached Dwelling or an existing dental clinic with a basement dwelling
unit.
17.3.6
NEIGHBOURHOOD COMMERCIAL EXCEPTION SIX (C2-6) ZONE
17.3.6.1
Notwithstanding Section 17.1.1, lands zoned “C2-6" may only be used for a
Business, Professional or Administrative Office.
17.3.7
NEIGHBOURHOOD COMMERCIAL EXCEPTION SEVEN (C2-7) ZONE
17.3.7.1
Notwithstanding Sections 17.1.1 and 17.2.1.3(b), lands zoned “C2-7” may only
be used for a Business, Professional or Administrative Office, subject to the
following exceptions:
(a)
(b)
Northerly interior side yard (min.)
2.8
m
Section 3.16.2, Off Street Loading Space Requirements shall not apply.
17.3.8
NEIGHBOURHOOD COMMERCIAL EXCEPTION EIGHT (C2-8) ZONE
17.3.8.1
Notwithstanding Sections 3.10.2, 3.10.3, 17.1.1 and 17.2.1.3(b), lands zoned
“C2-8” may only be used for a Single Detached Dwelling, or a Business,
Professional, or Administrative Office or a Beauty Salon which may also contain
an accessory dwelling unit on the second floor subject to the following zone
exceptions:
(a)
(b)
(c)
Northerly Interior Side Yard (min.)
4m
Southerly Interior Side Yard (min.)
6m
A 1.2 m minimum buffer strip shall be provided adjacent to the north
and south limits of parking area.
111
17.3.9
NEIGHBOURHOOD COMMERCIAL EXCEPTION NINE (C2-9) ZONE
17.3.9.1
Notwithstanding Section 17.1.1, lands zoned “C2-9" may only be used for the
following:
(a)
(b)
(c)
(d)
(e)
17.3.9.2
Bank or Financial Institution
Business, Professional or Administrative Office
Personal Service Shop
Restaurant
Retail Store
Notwithstanding Section 17.2.1, lands zoned “C2-9" shall also be subject to the
following exceptions:
(a)
(b)
(c)
(d)
Setback from Laclie Street (min.)
Setback from Old Muskoka Road (min.)
Southerly interior side yard (min.)
Floor Area (max. gross leaseable)
6.5 m
3.0 m
1.0 m
170 sq. m
17.3.10
NEIGHBOURHOOD COMMERCIAL EXCEPTION TEN (C2-10) ZONE
17.3.10.1
Notwithstanding Sections 3.10.3, 3.16.1.2, 3.16.2, 17.1.1, 17.2.1.3(b) and
17.2.1.6, the lands zoned “C2-10” may also be used for a Billiard Lounge and a
Place of Assembly subject to the following zone exceptions:
BY-LAW 2009-107
(a)
(b)
(c)
(d)
(e)
Width of Landscape Buffer Strip abutting a street (min.)
Total Parking Spaces (min.)
Interior Side Yard – south side (min.)
Landscaped Open Space (min.)
Gross Leasable Floor Area devoted to a
Billiard Lounge (max.)
1m
54
2.5 m
12%
300 sq. m
17.3.11
NEIGHBOURHOOD COMMERCIAL EXCEPTION ELEVEN (C2-11) ZONE
17.3.11.1
Notwithstanding Section 17.1.1, lands zoned “C2-11" may not be used for a
Restaurant.
17.3.11.2
In addition to the uses permitted in Section 17.1.1, lands zoned “C2-11” may also
be used for a “Motor Vehicle Sales Establishment”, “Motor Vehicle Service
Station”, “Motor Vehicle Fuel Bar”, and a “Motor Vehicle Repair Shop”.
BY-LAW 2013-2
17.3.12
NEIGHBOURHOOD COMMERCIAL EXCEPTION TWELVE (C2-12) ZONE
17.3.12.1
Notwithstanding Sections 17.1.1 and 17.2.1, lands zoned “C2-12" may also be
used for a Motor Vehicle Repair Shop.
17.3.13
NEIGHBOURHOOD COMMERCIAL EXCEPTION THIRTEEN (C2-13) ZONE
17.3.13.1
Notwithstanding Sections 17.1.1 and 17.2.1, lands zoned “C2-13" may also be
used for a Motor Vehicle Service Station or Motor Vehicle Fuel Bar.
17.3.14
NEIGHBOURHOOD COMMERCIAL EXCEPTION FOURTEEN (C2-14) ZONE
112
17.3.14.1
Notwithstanding Sections 17.1.1 and 17.2.1, lands zoned “C2-14" may only be
used for the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
17.3.15
Bank or Financial Institution
Business, Professional or Administrative Office
Day Nursery
Dry Cleaning Depot
Personal Service Shop
Retail Store
Veterinary Clinic
NEIGHBOURHOOD COMMERCIAL EXCEPTION FIFTEEN (C2-15) ZONE
(Repealed by By-law 2010-10)
17.3.16
NEIGHBOURHOOD COMMERCIAL EXCEPTION SIXTEEN (C2-16) ZONE
17.3.16.1
Notwithstanding Sections 17.1.1 and 17.2.1, lands zoned “C2-16" may only be
used for a maximum of two Business, Professional or Administrative Offices on
the first floor and two dwelling units located on the second floor, subject to the
following exceptions:
(a)
(b)
(c)
Interior Side Yard (min.)
Exterior Side Yard (min.)
Dwelling unit floor area (min.)
1.2
3.6
69
m
m
sq. m
17.3.17
NEIGHBOURHOOD COMMERCIAL EXCEPTION SEVENTEEN (C2-17) ZONE
17.3.17.1
Notwithstanding Section 17.1.1, lands zoned “C2-17" may only be used for a
Business, Professional or Administrative Office with one dwelling unit on the
second floor.
17.3.18
NEIGHBOURHOOD COMMERCIAL EXCEPTION EIGHTEEN (C2-18) ZONE
17.3.18.1
Notwithstanding Section 17.1.1, lands zoned “C2-18" may only be used for a
Business, Professional or Administrative Office or a Parking Lot.
17.3.19
NEIGHBOURHOOD COMMERCIAL EXCEPTION NINETEEN (C2-19) ZONE
17.3.19.1
Notwithstanding Sections 17.1.1 and 17.2.1, lands zoned “C2-19" may also be
used for a Parking Lot and a drive-through Convenience Store not exceeding 55
sq. m of gross floor area, supplying groceries and other daily household goods to
the general public by way of walk-in and/or drive-through ordering and pickup.
17.3.20
NEIGHBOURHOOD COMMERCIAL EXCEPTION TWENTY (C2-20) ZONE
17.3.20.1
Notwithstanding Sections 17.1.1 and 17.2.1, lands zoned “C2-20" may also be
used for a Motor Vehicle Service Station and Motor Vehicle Washing
Establishment subject to the following exceptions:
113
(a)
(b)
(c)
(d)
(e)
The Motor Vehicle Washing Establishment shall have storage lanes or
space provided for a minimum of eight cars entering and two cars exiting
the automatic Motor Vehicle Washing Establishment.
Only a Motor Vehicle Washing Establishment that uses water
conservation systems shall be permitted.
The provisions of Section 3.12.3, in respect of Motor Vehicle Service
Stations, shall not apply to the westerly access to the lot.
A minimum interior side yard setback of 1.5 m shall be provided between
the Motor Vehicle Washing Establishment and the Restaurant
/Convenience Store and the lot line.
A minimum front yard setback of 7.0 m shall be provided between the
Restaurant /Convenience Store and the front lot line.
17.3.21
NEIGHBOURHOOD
ZONE
17.3.21.1
Notwithstanding Sections 17.1.1 and 17.2.1, lands zoned “C2-21" may only be
used for a Business, Professional or Administrative Office on the ground floor
and two 1-bedroom dwelling units on the second floor subject to the following
exceptions:
(a)
(b)
(c)
COMMERCIAL
EXCEPTION
Front Yard (min.)
North Side Yard (min.)
South Side Yard (min.)
TWENTY-ONE
8.5
3.7
2.8
(C2-21)
m
m
m
17.3.22
NEIGHBOURHOOD COMMERCIAL EXCEPTION TWENTY-TWO (C2-22)
ZONE
17.3.22.1
Notwithstanding Section 17.1.1, lands zoned “C2-22" may also be used for a
Motor Vehicle Washing Establishment.
17.3.23
NEIGHBOURHOOD COMMERICAL EXCEPTION TWENTY-THREE (C2-23)
ZONE
17.3.23.1
Notwithstanding Sections 3.1.4.1(c), 3.10.2, 3.16.1.16, 17.1.1, and 17.2.1.3(b),
lands zoned “C2-23” may only be used for a professional office offering
chiropractic services and the use shall be limited to the existing building subject
to the following exceptions:
(a) Maximum projection of porch into front yard
(b) Minimum width of landscaped buffer subject to
associated 2 m high board on board privacy fence
(c) Minimum width of driveway for two way traffic
(d) Interior Side Yard (min.)
2.8
m
0.4
5.9
3.0
m
m
m
17.3.24
NEIGHBOURHOOD COMMERCIAL EXCEPTION TWENTY-FOUR (C2-24)
ZONE
17.3.24.1
Notwithstanding Sections 3.14.1(c), 17.1, and 17.2, the existing building located
on the east side of Frederick Street, between Colborne Street West and
114
Mississaga Street West, as shown on Schedule “A” and annotated “C2-24” shall
be converted to permit a Professional Office subject to the following provisions:
(a)
(b)
(c)
(d)
Front Yard Setback (min.)
5.9
Interior Side Yard Setback (min.)
2.0
Rear Yard Setback (min.)
0.8
A 2.0 m high board on board fence be erected along the north,
east and south property lines in accordance with Section 3.5.
m
m
m
17.3.24.2
For the purposes of the “C2-24” Zone “Professional Office” shall mean a building
in which one or more persons are employed in the management, direction or
conducting a business or where professionally qualified persons and their staff
serve clients.
17.3.24.3
The land zoned “C2-24” shall only be used for that use existing on the date of
the approval of the “C2-24” zone. The applicants shall be required to enter into
an Undertaking Agreement with the City and secure for works associated with
parking, landscaping and fencing.
17.3.25
NEIGHBOURHOOD
ZONE
17.3.25.1
Notwithstanding Sections 3.10.2, 3.16.1.18, and 17.1.1, the lands zoned “C2-25”
may only be used for a Parking Lot with a minimum landscaped buffer along the
westerly lot line of 1.5 m in width, a minimum landscaped buffer along the south
lot line of 3 m in width, and a minimum buffer along the easterly lot line of 0.5 m
in width. An opaque fence will be provided along the west, east and south lot
lines. Coniferous planting strips will be provided along the west and south lot
lines.
17.3.26
NEIGHBOURHOOD COMMERCIAL EXCEPTION TWENTY-SIX (C2-26) ZONE
17.3.26.1
Notwithstanding Sections 3.10.2, 17.1.1, 17.2.1.3 (a), 17.2.1.3 (b), and 17.2.1.6,
the lands zoned “C2-26” may only be used for a Retail Store (not exceeding 250
sq. m) subject to the following zone exceptions:
(a)
(b)
(c)
(d)
COMMERCIAL
EXCEPTION
TWENTY-FIVE
(C2-25)
Front Yard (min.)
0m
Westerly Interior Side Yard (min.)
0.2 m
Landscaped Open Space (min.)
22 %
Landscaped Buffer Widths (min.) with opaque fencing
• South Side
1.2 m
• West Side
1.5 m
17.3.27
NEIGHBOURHOOD COMMERCIAL EXCEPTION TWENTY-SEVEN (C2-27)
ZONE
17.3.27.1
Notwithstanding Sections 3.10.2, 17.1.1, 17.2.1.3 (a), (b) and (c), the lands
zoned “C2-27” may only be used for a Medical Clinic with 5 parking spaces per
practitioner or a Business, Professional or Administrative Office with 1 parking
space per 30 sq. m of gross floor area subject to the following zone exceptions:
(a)
Front Yard (min.)
4m
115
(b)
(c)
(d)
Interior Side Yard (min.)
1m
Exterior Side Yard (min.)
6m
Opaque fencing or coniferous planting strip along the
westerly side yard (exclusive of the building)
17.3.28
NEIGHBOURHOOD COMMERCIAL EXCEPTION TWENTY-EIGHT (C2-28)
ZONE
17.3.28.1
Notwithstanding the uses permitted in Section 17.1 and notwithstanding Sections
3.16.1.1(a), 3.16.1.2 and 17.2.1.6, lands zoned “C2-28” may only be used for
Business, Professional and Administrative Offices, a Medical Clinic and a Place
of Assembly subject to the following exceptions:
(a)
(b)
Parking Spaces (min.)
(of which 3 shall be sized, signed and reserved
as parking for persons with disabilities)
Landscaped Open Space (min.)
54
9%
17.3.29
NEIGHBOURHOOD COMMERCIAL EXCEPTION TWENTY-NINE (C2-29)
ZONE
17.3.29.1
In addition to the permitted uses in Section 17.1.1, the lands zoned “C2-29” may
also be used for a Retail Store in excess of 250 sq. m. Notwithstanding Section
3.16.1.1(a), as it relates to the required number of parking spaces for persons
with disabilities, and Section 3.16.1.16, as it relates to the maximum driveway
width, the lands zoned “C2-29” are subject to the following zone exceptions:
(a)
(b)
(c)
Parking Spaces for persons with disabilities (min.) 4
Driveway Width (max.)
12.5m
There shall be no speaker system in connection
with a Drive-Thru that is audible from the exterior
of the building.
17.3.30
NEIGHBOURHOOD COMMERCIAL EXCEPTION THIRTY (C2-30) ZONE
17.3.30.1
In addition to the uses permitted in Section 17.1.1, and notwithstanding Section
17.2.1.6, the lands zoned “C2-30” may also be used for a Medical Clinic and/or
Retail store in excess of 250 sq. m per premises, subject to the following
exceptions:
BY-LAW 2008-182
(a)
Landscaped Open Space (min.)
22%
(b)
The existing landscaped buffer along the northerly lot line shall be
deemed to comply with this by-law with regard to any deficiencies.
17.3.31
NEIGHBOURHOOD COMMERCIAL EXCEPTION THIRTY ONE (C2-31) ZONE
17.3.31.1
In addition to the uses permitted in Section 17.1.1, lands zoned “C2-31” may also
be used for a “Health and/or Fitness Club”.
BY-LAW 2012-24
116
PART 17A – HOSPITAL COMMERCIAL (HC) ZONE
17A.1
USES PERMITTED
17A.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Hospital Commercial (HC) Zone,
except for the following uses:
Business, Professional or Administrative Office related to the Health Care
Industry
Crisis Care Centre
Day Nursery
Health and/or Fitness Club
Medical Clinic
Restaurant
Retail Stores (less than 250m2) related to the Health Care Industry
Tea Room/Cafe
Dwelling Units as part of a building containing a permitted non-residential use on
the ground floor
17A.1.2
Notwithstanding the definitions of Business, Professional or Administrative
Office, Medical Clinic, Restaurant, and Retail Store in PART 2, for the purposes
of the Hospital Commercial (HC) Zone, the following permitted uses shall be
defined as follows:
BUSINESS, PROFESSIONAL OR ADMINISTRATIVE OFFICE RELATED TO
THE HEALTH CARE INDUSTRY means a building or part of a building in which
one or more persons are employed in the management, direction or conducting
of a business or where professionally qualified persons and their staff serve
clients or patients who seek advice, consultation or treatment related to the
provision of physical and/or mental health care services and shall include a
health spa which may offer ancillary cosmetic treatments including, but not
limited to, hairstyling, make-up application, manicures, pedicures, and facial
treatments.
MEDICAL CLINIC means a building or portion thereof where members of the
health care profession, including but not limited to, dentists, chiropractors,
osteopaths, optometrists, podiatrists, physicians, psychologists, psychiatrists,
psychotherapists, counsellors, or therapists provide diagnosis and treatment to
the general public without overnight accommodation and may include reception
areas, offices, coffee shop, offices for consultation, laboratory, X-ray facilities,
minor operating rooms, a pharmacy, massage therapy and similar personal
health centres and may also include ancillary retail uses related to the health
care industry.
RESTAURANT means a building or structure or part thereof where food is
prepared and offered for sale to the public for consumption within the building or
structure or where food is sold and taken off the premises to be consumed
elsewhere, but shall not include a Drive-Through Restaurant as defined in this
By-law.
117
RETAIL STORES RELATED TO THE HEALTH CARE INDUSTRY means an
establishment primarily engaged in the offering of goods, wares, merchandise,
substances, articles or things for sale which specifically relate to products
recommended for use by health care professionals.
17A.2
ZONE PROVISIONS
17A.2.1
Notwithstanding Section 3.11, no person shall hereafter change the use of any
building, structure or land or erect or use any building or structure, in a Hospital
Commercial (HC) Zone, except in conformity with the following zone provisions:
17A.2.1.1 Yard Requirements:
(a)
Front (min.)
(b)
Front (max.)
(c)
Interior Side
(d)
Exterior Side
(e)
Rear
3
5
1.5
3
7.5
m
m
m
m
m
17A.2.1.2 Building Height (max.)
12.5
m
17A.2.1.3 Landscaped Buffer Strips (min.)
(a)
Front Yard
(b)
Interior Side Yard
(c)
Exterior Side Yard
(d)
Rear Yard
3
1.5
3
1.5
m
m
m
m
17A.2.2
Notwithstanding the definition of Gross Floor Area in PART 2 of this By-law, for
the purposes of the Hospital Commercial (HC) Zone, the following shall be
defined as follows:
FLOOR AREA, GROSS means the aggregate of the area of all floors including
the areas devoted to retail sales, customer service, provision of care, and/or
office use measured from the outside face of exterior walls, but shall not include
mechanical rooms, common halls, stairwells, storage areas, or kitchens not
accessible to the public, public washrooms, parking structures and similar
accessory uses.
17A.2.3
Notwithstanding Sections 3.4.2.1 and 3.11, for the purposes of the Hospital
Commercial (HC) Zone, where an existing building on a lot having less than the
minimum front yard and/or side yard and/or rear yard and/or minimum
landscaped buffer strip, the said building may be enlarged, reconstructed, or
repaired provided that the enlargement, reconstruction, repair or renovation does
not further reduce a front yard and/or side yard and/or rear yard and/or minimum
landscaped buffer strip.
17A.2.4
Notwithstanding Section 3.16.1.2, for the purposes of the Hospital Commercial
(HC) Zone, the following parking space requirements shall apply to the following
uses:
118
Use
Minimum Number of
Parking Spaces Required
Business, Professional or
Administrative Office Related
to the Health Care Industry
1 per 25 sq. m of g.f.a
Health and/or Fitness Club
1 per 25 sq. m of g.f.a
Retail Store Related
to the Health Care Industry
1 per 25 sq. m of g.f.a
Tea Room/Cafe
1 per 25 sq. m of g.f.a
Medical Clinic
6 per practitioner of which 1 space shall be
for persons with disabilities
17A.2.5
1 bicycle parking space shall be provided per 10 vehicle parking spaces required
on a lot, excluding freestanding parking lots.
17A.2.6
Parking shall not be permitted in the front yard.
17A.3
HOSPITAL COMMERCIAL EXCEPTION ZONES
17A.3.1
HOSPITAL COMMERCIAL EXCEPTION ONE (HC-1) ZONE
17A.3.1.1 Notwithstanding Section 17A.1.1, lands zoned “HC-1” may only be used for a
Medical Clinic.
17A.3.2
HOSPITAL COMMERCIAL EXCEPTION TWO (HC-2) ZONE
17A.3.2.1 In addition to the uses permitted in Section 17A.1.1, lands zoned “HC-2” may
also be used for a Parking Lot subject to the following exception:
(a)
17A.3.3
Parking Spaces (min.)
30
HOSPITAL COMMERCIAL EXCEPTION THREE (HC-3) ZONE
17A.3.3.1 Notwithstanding Section 17A.2.1.3(a), the lands zoned “HC-3” are subject to the
following zone exception:
(a)
Front Yard Landscaped Buffer Strip (min.)
2.3 m
119
PART 18 - SPECIAL PURPOSE COMMERCIAL (C3) ZONE
18.1
USES PERMITTED
18.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Special Purpose Commercial (C3)
Zone, except for the following uses:
Animal Hospital or Veterinary Clinic
Bed and Breakfast Establishment
Business, Professional or Administrative Office
Home Improvement Supply Outlet
Hotel or Motel
Motor Vehicle Sales Establishment, Motor Vehicle Service Station, Motor Vehicle
Fuel Bar, Motor Vehicle Repair Shop, Recreational Equipment Service
Establishment
Parking Lot
Recreational Establishment
Retail Establishment within a wholly enclosed building for the sale of:
(a) Furniture, Home Furnishings, Electronics and Home Decorating Supplies
(b) Major Appliances
(c) Motor Vehicle, Marine, Recreational Vehicle and Tourist Trailer Accessories
(d) Liquor, Wine or Beer
Restaurant
Restaurant, Drive-Through
Retail Sales Establishments with accessory outdoor storage and outdoor display
areas as follows:
(a) Building Supply Outlet
(b) Dry Land Marina
(c) Equipment Rental
(d) Farm Implements and Machinery
(e) Garden and Nursery Supplies
(f) Recreational and Sports Equipment
(g) Trailers, Tourist Trailers and Truck Campers, Motorized Mobile Homes,
Motor Vehicles, Motorized Snow Vehicles, All Terrain Vehicles (A.T.V.’s)
Tavern
Taxi Dispatch Office
18.2
ZONE PROVISIONS
18.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Special Purpose Commercial (C3)
Zone, except in conformity with the following zone provisions:
18.2.1.1
Lot Area (min.)
300
sq. m
18.2.1.2
Lot Frontage (min.)
15
m
18.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
12.0
7.5
12.0
m
m
m
120
(d)
18.2.1.4
Rear
7.5
m
Lot Coverage for Buildings and Structures (max.)
(a)
Hotel, Motel or Motor Hotel
35
%
(b)
all other uses
40
%
18.2.1.5
Building Height (max.)
11
18.2.1.6
Gross Floor Area
no min.
18.2.1.7
Landscaped Open Space (min.)
20
%
18.2.1.8
Lot Coverage including Outdoor
Storage and Display Areas (max.)
50
%
18.2.1.9
m
Setback for Outdoor Storage and Display Areas
(a)
if enclosed and screened by
landscaping (min.)
6
m
(b)
if not enclosed (min.)
12
m
18.3
SPECIAL PURPOSE COMMERCIAL EXCEPTION ZONES
18.3.1
SPECIAL PURPOSE COMMERCIAL EXCEPTION ONE (C3-1) ZONE
18.3.1.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-1" may only be
used for a Motor Vehicle Fuel Bar with an accessory Motor Vehicle Washing
Establishment, a Restaurant, a Drive-Through Restaurant, a Convenience Store
and an existing Single Detached Dwelling subject to the following exceptions:
(a)
(b)
(c)
(d)
The Motor Vehicle Washing Establishment shall have storage lanes for
a minimum of 8 vehicles entering and 2 vehicles exiting the Motor
Vehicle Washing Establishment
Only a Motor Vehicle Washing Establishment that incorporates water
conservation systems shall be permitted
The Motor Vehicle Washing Establishment shall have a minimum
setback of 3.0 m from any lot line
The Restaurant, Drive-Through Restaurant/Convenience Store shall
have a minimum exterior side yard of 4.5 m.
18.3.2
SPECIAL PURPOSE COMMERCIAL EXCEPTION TWO (C3-2) ZONE
18.3.2.1
Notwithstanding Section 18.1.1, lands zoned “C3-2" may only be used for a
Business, Professional or Administrative Office, Retail Store and 3 dwelling
units.
18.3.3
SPECIAL PURPOSE COMMERCIAL EXCEPTION THREE (C3-3) ZONE
18.3.3.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-3" may only be
used for a Motor Vehicle Fuel Bar and a Retail Store subject to the following
exceptions:
121
(a)
(b)
(c)
(d)
Front Yard (min.)
Retail Store
Motor Vehicle Fuel Bar
Interior Side Yard (min.)
Retail Store
Motor Vehicle Fuel Bar
Rear yard (min.)
Retail Store
Motor Vehicle Fuel bar
Exterior Side Yard (min.)
Motor Vehicle Fuel Bar
12.0
4.5
m
m
4.5
9.0
m
m
6.0
7.5
m
m
12.0
m
18.3.4
SPECIAL PURPOSE COMMERCIAL EXCEPTION FOUR (C3-4) ZONE
18.3.4.1
Notwithstanding Section 18.1.1, lands zoned “C3-4" may only be used for a
Business, Professional or Administrative Office, a Club, a Commercial School, a
Convenience Store, a Custom Workshop, a Glass and Mirror Shop, a
Restaurant, a Retail Store, a Day Nursery, a Rental Establishment and existing
residential dwelling units.
18.3.5
SPECIAL PURPOSE COMMERCIAL EXCEPTION FIVE (C3-5) ZONE
18.3.5.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-5" may also be
used for a Laundromat, and those uses permitted in the “C1” zone, with the
exception of a Bed and Breakfast Establishment or a dwelling unit, subject to the
following exception:
(a)
Interior Side Yard (min.)
7.0
m
18.3.6
SPECIAL PURPOSE COMMERCIAL EXCEPTION SIX (C3-6) ZONE
18.3.6.1
Notwithstanding Section 18.1.1, lands zoned “C3-6" may not be used for a Motor
Vehicle Body Shop or a Motor Vehicle Repair Garage but may also be used for a
Bank or Financial Institution, a Retail Store, and a Laundromat.
18.3.7
SPECIAL PURPOSE COMMERCIAL EXCEPTION SEVEN (C3-7) ZONE
18.3.7.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-7" may also be
used for a Bank or Financial Institution, a Laundromat, a Personal Service Shop,
a Retail Store, and a Service or Repair Shop subject to the following exception:
(a)
Parking spaces (min.)
74
18.3.8
SPECIAL PURPOSE COMMERCIAL EXCEPTION EIGHT (C3-8) ZONE
18.3.8.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-8" may also be
used for a Laundromat and a Retail Store subject to the following exceptions:
(a)
Floor area (max.)
Retail store
Laundromat
475 sq. m
80 sq.
122
18.3.9
SPECIAL PURPOSE COMMERCIAL EXCEPTION NINE (C3-9) ZONE
18.3.9.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-9" may also be
used for a Bank or Financial Institution, a Dry Cleaning Establishment, a
Personal Service Shop, a Retail Store and a Service or Repair Shop subject to
the following exception:
(a)
Floor area of a Convenience Store (max.)
235 sq. m
18.3.10
SPECIAL PURPOSE COMMERCIAL EXCEPTION TEN (C3-10) ZONE
18.3.10.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-10" may also be
used for a Motor Vehicle Washing Establishment subject to the following
exception:
(a)
Setback from a "CF" zone (min.)
5.0
m
18.3.11
SPECIAL PURPOSE COMMERCIAL EXCEPTION ELEVEN (C3-11) ZONE
18.3.11.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-11" may not be
used for a Motel or Hotel or any motor vehicle related use but may also be used
for a Bank or Financial Institution, a Dry Cleaning Depot or Establishment, a
Personal Service Shop, a Retail Store and a Service or Repair Shop.
18.3.12
SPECIAL PURPOSE COMMERCIAL EXCEPTION TWELVE (C3-12) ZONE
18.3.12.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-12" may also be
used for a Motor Vehicle Washing Establishment subject to the following
exception:
(a)
Northerly Interior Side Yard (min.)
4.8
m
18.3.13
SPECIAL PURPOSE COMMERCIAL EXCEPTION THIRTEEN (C3-13) ZONE
18.3.13.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-13" may also be
used for a Bank or Financial Institution, a Business, Professional or
Administrative Office or a Retail Store subject to the following exceptions:
(a)
(b)
Interior Side Yard (min.)
Exterior Side Yard (min.)
1.5
4.5
m
m
18.3.14
SPECIAL PURPOSE COMMERCIAL EXCEPTION FOURTEEN (C3-14) ZONE
18.3.14.1
Notwithstanding Section 18.2.1.3 (b) and (d) lands zoned “C3-14” shall be
subject to the following exceptions:
BY-LAW 2013-103
Interior Side
Rear Yard
7.1m
3.7m
123
18.3.15
SPECIAL PURPOSE COMMERCIAL EXCEPTION FIFTEEN (C3-15) ZONE
18.3.15.1
Notwithstanding Sections 18.1.1 and 18.2.1, lands zoned “C3-15" may also be
used for a Bank or Financial Institution, a Dry Cleaning Establishment, a Fitness
Centre, a Personal Service Shop, a Service or Repair Shop, a Retail Store and
dwelling units located on the second floor.
18.3.16
SPECIAL PURPOSE COMMERCIAL EXCEPTION SIXTEEN (C3-16) ZONE
18.3.16.1
Notwithstanding Section 18.1.1, lands zoned “C3-16" shall not be used for an
Adult Entertainment Parlour.
18.3.17
SPECIAL PURPOSE COMMERCIAL EXCEPTION SEVENTEEN (C3-17) ZONE
18.3.17.1
Notwithstanding Section 18.1.1, lands zoned “C3-17” may only be used as a
Parking Area for a Motor Vehicle Sales Outlet located on adjacent lands.
18.3.18
SPECIAL PURPOSE COMMERCIAL EXCEPTION EIGHTEEN (C3-18) ZONE
18.3.18.1
Notwithstanding Section 18.1.1, the lands zoned “C3-18” may also be used for a
Retail Store.
18.3.19
SPECIAL PURPOSE COMMERCIAL EXCEPTION NINETEEN (C3-19) ZONE
18.3.19.1
Notwithstanding Section 18.1.1, lands zoned “C3-19” may also be used as a
parking area for a Motor Vehicle Sales Establishment located on adjacent lands
and lands zoned “C3-19 (H)” shall only be used for a parking area for a Motor
Vehicle Sales Establishment located on adjacent lands and no buildings or
structures shall be permitted. Notwithstanding Sections 3.10.2, 3.10.3 and
3.16.1.18, lands zoned “C3-19” or “C3-19 (H)” shall be subject to the following
regulations with respect to landscaped strips for a parking area for a Motor
Vehicle Sales Establishment on adjacent lands:
(a)
Minimum width of landscaped strip along
the inside of both the front lot line and
easterly side lot line abutting the residential
zone
3.0 m
(b)
Minimum width of landscaped strip along the
inside of both the rear lot line and westerly
side lot line.
1.5 m
18.3.20
SPECIAL PURPOSE COMMERCIAL EXCEPTION TWENTY (C3-20) ZONE
18.3.20.1
Notwithstanding Sections 18.1.1, 18.2.1.3 and 18.2.1.7, lands zoned “C3-20”
may also be used for a Motor Vehicle Body Shop subject to the following
exceptions:
(a) Front yard (min.)
(b) Eastern Interior Side Yard (min.)
7.9 m
4.3 m
124
(c) Rear yard (min.)
4.3 m
(d) Landscaped open space area 8.2%, comprising a 3 m wide landscaped
buffer adjacent to the abutting residential zone along the eastern property
boundary.
18.3.20.2
A 2.0 m high privacy fence shall be provided along the southern and eastern
property limits.
18.3.20.3
No parking shall be permitted in the front yard.
18.3.21
SPECIAL PURPOSE COMMERCIAL EXCEPTION TWENTY-ONE (C3-21)
ZONE
18.3.21.1
Notwithstanding Sections 3.16, 18.1.1 and 18.2.1, lands zoned “C3-21” may be
used for a Home Improvement Supply Outlet and a Building Supply Outlet
including accessory outdoor storage and outdoor display subject to the following
exception:
(a) Parking at 1 space per 34 sq. m of g.f.a.
18.3.22
SPECIAL PURPOSE COMMERCIAL EXCEPTION TWENTY-TWO (C3-22)
ZONE
18.3.22.1
Notwithstanding Sections 3.2, 3.10.2, 3.10.3, 3.16.1.13, 3.16.1.18, 18.1.1,
18.2.1.3 (a), 18.2.1.3 (c), 18.2.1.7, 18.2.1.8, and 18.2.1.9, the lands zoned “C322” may only be used for a Parking Lot and/or a Motor Vehicle Repair Shop
subject to the following zone exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Front Yard (min.)
0m
Exterior Side Yard (min.)
5m
Landscaped Open Space (min.)
15 %
No parking and no fence, hedge, shrub, bush or tree or any building or
structure, vegetation or lot grading shall be permitted to exceed a height
greater than 1.0 m above finished grade of the traveled portion of the
streets that abut the northeast corner of the lot within the triangular area
included within the street lines for a distance of 5.0 m from their point of
intersection.
No driveway shall be located closer than 11 m to the edge of the travelled
portion of Dunlop Street or 20 m to the edge of the travelled portion of
Colborne Street West. Notwithstanding the foregoing, where existing site
constraints preclude the provision of the required separation distances
noted above, the location shall be subject to the approval of the City.
Opaque fencing with a height of 2 m shall be provided along the southerly
lot line.
Opaque fencing with a height of 1.85 m or a coniferous planting strip
shall be provided along a portion of the westerly lot line adjacent to a
residential zone.
Landscaped Buffer Widths (min.)
• South Side
3.0 m
• West Side
1.2 m
125
18.3.23
SPECIAL PURPOSE COMMERCIAL EXCEPTION TWENTY-THREE (C3-23)
ZONE
18.3.23.1
Notwithstanding Sections 3.10.3, 18.1.1, 18.2.1.3(a), 18.2.1.3(b), and
18.2.1.3(c), the lands zoned “C3-23” may also be used for a Personal Service
Shop subject to the following zone exceptions:
(a)
(b)
(c)
Front Yard (min.)
Interior Side Yard (min.)
Exterior Side Yard (min.)
8m
1m
1m
18.3.24
SPECIAL PURPOSE COMMERCIAL EXCEPTION TWENTY-FOUR (C3-24)
ZONE
18.3.24.1
In addition to Section 18.1.1, the lands zoned “C3-24” may also be used for a
Motor Vehicle Washing Establishment and Laundromat.
18.3.25
SPECIAL PURPOSE COMMERCIAL EXCEPTION TWENTY-FIVE (C3-25)
ZONE
18.3.25.1
Notwithstanding Sections 3.16.1.7, 18.1.1 and 18.2.1.3(b), lands zoned “C3-25”
may also be used for a Motor Vehicle Washing Establishment and Mini Storage
Units subject to the following exceptions:
(a)
(b)
(c)
(d)
18.3.26
18.3.26.1
The Motor Vehicle Washing Establishment shall have a minimum
southerly interior side yard setback of 0.5 m.
Only a Motor Vehicle Washing Establishment that utilizes water
conservation systems shall be permitted.
The minimum length for a parallel parking space shall be 6.7 m.
The existing buildings, structures and driveway widths are deemed to
comply with this by-law with respect to any deficiencies.
SPECIAL PURPOSE COMMERCIAL EXCEPTION TWENTY-SIX (C3-26) ZONE
Notwithstanding Sections 18.1.1 (accessory structure setback, 1.5 m landscaped
strip), lands zoned “C3-26” may only be used for:
BY-LAW 2011-32
Motor Vehicle Sales Establishment, Motor Vehicle Service Station, Motor Vehicle
Fuel Bar, Motor Vehicle Repair Shop, Recreational Equipment Service
Establishment
Business, Professional or Administrative Office
Parking Lot
Retail Establishment within a wholly enclosed building for the sale of:
(a) Furniture, Home Furnishings, Electronics and Home Decorating Supplies
(b) Major Appliances
(c) Motor Vehicle, marine, Recreational and Tourist Trailer Accessories
(d) Liquor, Wine and Beer
Retail Sales Establishments with accessory outdoor storage and outdoor display
areas as follows:
(a) Building Supply Outlet
(b) Dry Land Marina
126
(c) Equipment Rental
(d) Farm Implements and Machinery
(e) Garden and Nursery Supplies
(f) Recreational and Sports Equipment
(g) Trailers, Tourist Trailers and Truck Campers, Motorized Mobile Homes,
Motor Vehicles, Motorized Snow Vehicles, All Terrain Vehicles (A.T.V.’s)
18.3.26.2
It is to be noted that the subject land is located adjacent to and encroaches upon
a portion of a former domestic landfill site and may require further environmental
investigation and/or remediation if any change in land use is proposed other than
the uses listed herein.
18.3.27
SPECIAL PURPOSE COMMERCIAL EXCEPTION TWENTY-SEVEN (C3-27)
ZONE
18.3. 27.1
Notwithstanding the definition of “LOT FRONTAGE”, and for the purposes of the
“C3-27” zone only:
“LOT FRONTAGE” means the horizontal distance along and abutting Laclie
Street and Sundial Drive.
18.3.27.2
BY-LAW 2012-41
Notwithstanding any provisions to the contrary of subsections 3.5.1, 18.2.1.3(a),
18.2.1.3(b), 18.2.1.3(d), 18.2.1.4, 18.2.1.5, 18.2.1.7, 18.2.1.8 and in addition to
the uses permitted in Section 18.1.1, the lands zoned “C3-27” may also be used
for the following:
Bank or Financial Institution
Club, Charitable, Service or Private
Commercial School
Community Centre
Convenience Store
Day Nursery
Dry Cleaning or Laundry Establishment
Funeral Parlour
Hotel Apartment
Medical Clinic
Museum, Library
Park
Personal Service Shop
Place of Worship
Printer or Publisher
Retail Store
Retail Trade or Custom Workshop in Enclosed Building
Service or Repair Shop
Dwelling units as part of a building containing a permitted non-residential use on
the ground floor
subject to the following exceptions:
(a)
(b)
(c)
Fence Height (max.)
Westerly Yard (Setback from Laclie Street) (min.)
Westerly Yard (Setback from Laclie Street) (max.)
2.2 m
4.5 m
15.0 m
127
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
South-westerly Yard (Setback from Sundial Drive)
(min.)
7.5 m
Southerly Yard (Setback from “M2” Zone) (min.)
6.0 m
Northerly Yard (Setback from “RM1-34” Zone) (min.)
6.0 m
Easterly Yard (Setback from Ferguson Road) (min.)
7.5 m
Building Height (min.)
2 storeys or equivalent
Building Height (max.)
12.5 m
Landscaped Open Space (min.)
15%
Lot Coverage including Outdoor Storage and
55%
Display Areas (max.)
A minimum 1.5 m landscaped buffer is also required along both the
easterly property boundary and the southerly property boundary of the
“C3-27” zone. A 1.8 m high opaque fence shall also be placed along the
southerly boundary of the “C3-27” zone.
For the purposes of the “C3-27” Zone only, a building with a minimum height of 5
metres shall be deemed to be the equivalent of 2 storeys.
128
PART 19 - TOURIST COMMERCIAL (C4) ZONE
19.1
USES PERMITTED
19.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Tourist Commercial (C4) Zone, except
for one or more of the following uses:
Bed and Breakfast Establishment
Lodge
Marina
Motel, Hotel, or Apartment Hotel
Motorized snow vehicle and/or all terrain vehicles (A.T.V.’s) sales and service
Park
Recreational Establishment
Restaurant
Restaurant, Drive-Through
Retail sales accessory to a permitted use
Tavern
Tourist Establishment
One dwelling unit per lot as part of a building containing another permitted use
19.2
ZONE PROVISIONS
19.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Tourist Commercial (C4) Zone, except
in conformity with the following zone provisions:
19.2.1.1
Lot Area (min.)
350
sq. m
19.2.1.2
Lot Frontage (min.)
18
m
19.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
(d)
Rear
(e)
Water Setback
(f)
Marina Water Setback
12
9
12
7.5
15
0
m
m
m
m
m
m
19.2.1.4
Lot Coverage (max.)
40
%
19.2.1.5
Building Height (max.)
11
m
19.2.1.6
Landscaped Open Space (min.)
25
%
129
19.3
TOURIST COMMERCIAL EXCEPTION ZONES
19.3.1
TOURIST COMMERCIAL EXCEPTION ONE (C4-1) ZONE
19.3.1.1
Notwithstanding Section 19.1.1, lands zoned “C4-1”, may also be used as a
Private Retirement Home, which shall mean a building, or portion thereof, in
which lodging and/or meals and related ancillary services for the residents and
for seniors within the broader community, are supplied for hire or gain.
19.3.2
TOURIST COMMERICAL EXCEPTION TWO (C4-2) ZONE
19.3.2.1
Notwithstanding Sections 19.1.1, 19.2.1 and 3.16.1.2, lands zoned “C4-2” may
also be used for a maximum of 13 independent living units in the form of
Townhouse Dwelling units, a maximum of 60 independent living units in the form
of an Apartment Dwelling, a Retirement Home with a maximum of 66 units, and
a two-storey Retail and/or a Business, Professional or Administrative Office
building subject to the following exceptions:
For the purposes of the “C4-2” zone, an independent living unit shall mean a
building, or portion thereof, where meals and/or related ancillary services for the
residents are available in an associated shared facility.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Front Yard (min.)
Southerly Side Yard (min.)
Westerly Side Yard (min.)
(4-storey independent living building)
Westerly Side Yard (retail/office building) (min.)
Easterly Side Yard (min.)
Rear Yard (min.)
Building Height (max.)
Number of parking spaces (min.)
(including parking for townhouse dwelling units)
14.0
20.0
m
m
7.5
0.9
4.5
3.0
18.0
m
m
m
m
m
118
130
PART 20 - SHOPPING CENTRE COMMERCIAL (C5) ZONE
20.1
USES PERMITTED
20.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Shopping Centre Commercial (C5)
Zone except for a Shopping Centre containing one or more of the following uses:
Bank or Financial Institution
Business, Professional or Administrative Office
Club
Convenience Store
Day Nursery
Department Store
Park
Parking Lot
Personal Service Shop
Place of Assembly
Place of Worship
Recreational Establishment
Restaurant
Restaurant, Drive-Through
Retail Store
Service or Repair Shop
Tavern
20.2
ZONE PROVISIONS
20.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Shopping Centre Commercial (C5)
Zone, except in conformity with the following zone provisions:
20.2.1.1
Lot Area (min.)
20.2.1.2
20.2.1.3
1.0
ha
Lot Frontage (min.)
90.0
m
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
(d)
Rear
10.0
6.0
10.0
7.5
m
m
m
m
30
%
24.0
14.0
m
m
15
%
20.2.1.4
Lot Coverage (max.)
20.2.1.5
Building Height (max.)
Hotel or Motel
All other uses
20.2.1.6
Landscaped Open Space (min.)
131
20.3
SHOPPING CENTRE COMMERCIAL EXCEPTION ZONES
20.3.1
SHOPPING CENTRE COMMERCIAL EXCEPTION ONE (C5-1) ZONE
20.3.1.1
Notwithstanding Sections 20.1.1 and 20.2.1, lands zoned “C5-1" may also be
used for a Laundromat, a maximum of 250 sq. m of Mini Storage Units located
within the existing building and a Motor Vehicle Fuel Bar subject to the following
exceptions:
(a)
(b)
(c)
North Side Yard landscaped strip (min.)
West Side Yard landscaped strip (min.)
Lot Coverage (max.)
5.5
9.0
26%
m
m
20.3.2
SHOPPING CENTRE COMMERCIAL EXCEPTION TWO (C5-2) ZONE
20.3.2.1
Notwithstanding Sections 20.1.1 and 20.2.1, lands zoned “C5-2" shall be subject
to the following exceptions:
(a)
(b)
(c)
Interior Side Yard (min.)
Rear Yard (min.)
Lot Coverage (max.)
14.0
13.0
25%
m
m
132
PART 21 - POWER CENTRE COMMERCIAL (C6) ZONE
21.1
USES PERMITTED
21.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Power Centre Commercial (C6) Zone
except for one or more of the following uses:
Bank or Financial Institution
Business, Professional or Administrative Office
Club
Commercial School
Convenience Store
Day Nursery
Home Improvement Supply Outlet
Hotel, Motel, or Motor Hotel
Medical Clinic
Motor Vehicle Body Shop in association with a Motor Vehicle Sales
Establishment
Motor Vehicle Sales Establishment, Motor Vehicle Service Station, Motor Vehicle
Fuel Bar, Motor Vehicle Repair Shop
Motor Vehicle Washing Establishment in association with a Motor Vehicle Fuel
Bar or Motor Vehicle Service Station
Park
Parking Lot
Personal Service Shop
Place of Assembly
Place of Worship
Recreational Establishment
Retail Outlet within a wholly enclosed building for the sale of:
(a) business or office supplies
(b) furniture, home furnishings and home decorating supplies
(c) major appliances
(d) motor vehicle, marine, recreational vehicle and tourist trailer accessories
Restaurant
Restaurant, Drive-Through
Retail outlets with accessory outdoor storage and outdoor display areas as
follows:
(a) building or home improvement supplies
(b) dry land marina
(c) garden and nursery supplies
(d) recreational and sports equipment
(e) trailers, tourist trailers and truck campers, motorized mobile home,
motorized snow vehicles, all terrain vehicles (A.T.V.’s)
Retail stores of not less than 500 sq. m per premises
Service or Repair Shop
Tavern
133
21.2
ZONE PROVISIONS
21.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Power Centre Commercial (C6) Zone,
except in conformity with the following zone provisions:
21.2.1.1
Lot Area (min.)
21.2.1.2
21.2.1.3
1.0
ha
Lot Frontage (min.)
90.0
m
Yard Requirements (min.)
(a) Front
(b) Interior Side
(c) Exterior Side
(d) Rear
10.0
6.0
10.0
7.5
m
m
m
m
21.2.1.4
Lot Coverage (max.)
30 %
21.2.1.5
Building Height (max.)
Hotel or Motel
All other uses
24.0
14.0
21.2.1.6
Landscaped Open Space (min.)
15 %
21.3
POWER CENTRE COMMERCIAL EXCEPTION ZONES
21.3.1
POWER CENTRE COMMERCIAL EXCEPTION ONE (C6-1) ZONE
21.3.1.1
Notwithstanding the uses permitted in Section 21.1.1, a Food Supermarket shall
not be permitted on lands zoned “C6-1”, and for the purposes of this By-law a
Food Supermarket shall be defined as follows:
m
m
Food Supermarket means a retail establishment in which the floor area is
primarily devoted to the sale of edible food products and which has a gross
leasable floor area in excess of 1,000 sq. m.
21.3.1.2
AMENDED BY
BY-LAW 2011-126
A Notwithstanding Sections 3.16 and 21.2.1.3 (a) of this By-law, lands zoned
‘C6-1’ shall have off-street parking spaces provided on the basis of 1 space for
each 22 sq. m. (Min.) of gross floor area and a front yard setback of 7.5 m.
(min.).
21.3.2
POWER CENTRE COMMERCIAL EXCEPTION TWO (C6-2) ZONE
21.3.2.1
Notwithstanding Section 21.1.1, lands zoned “C6-2” may also be used for the
following:
(a) Department Store
(b) Dry Cleaning Establishment and/or Depot
(c) Health and/or Fitness Club
(d) Motor Vehicle Washing Establishment
(e) Printer and/or Publisher
(f) Rental Establishment
134
(g) Retail Outlet
(h) Wholesale Business
(i) A Laundromat as an additional permitted use in the building municipally
known as 3280 Monarch Drive
21.3.2.2
The maximum total gross leasable floor area for “small retail uses” on lands
zoned “C6-2” and “C6-6” shall be 1,309 sq. m in the aggregate.
For the purposes of the “C6-2” and “C6-6” zones, “small retail uses” shall mean
retail stores having a gross floor area ranging from 230 sq. m to 465 sq. m.
21.3.3
POWER CENTRE COMMERCIAL EXCEPTION THREE (C6-3) ZONE
21.3.3.1
Notwithstanding Section 21.1.1, lands zoned “C6-3” may also be used for the
following:
(a) Department Store
(b) Dry Cleaning Establishment and/or Depot
(c) Health and/or Fitness Club
(d) Motor Vehicle Washing Establishment
(e) Printer and/or Publisher
(f) Rental Establishment
(g) Retail Outlet
(h) Wholesale Business
21.3.3.2
The maximum total gross leasable floor area for “small retail uses” on lands
zoned “C6-3” and “C6-5” shall be 1,017 sq. m in the aggregate.
For the purpose of the “C6-3” and “C6-5” zones “small retail uses” shall mean
retail stores having a gross floor area ranging from 230 sq. m to 465 sq. m.
21.3.3.3
Notwithstanding the parking requirements of Section 3.16 of this By-law, on
lands zoned “C6-3”, off-street parking spaces shall be provided on the basis of 1
space for each 20 sq. m of gross floor area, of which 3% shall be for persons
with disabilities.
21.3.4
POWER CENTRE COMMERCIAL EXCEPTION FOUR (C6-4) ZONE
21.3.4.1
Notwithstanding the uses permitted in Section 21.1.1, a Food Supermarket shall
not be permitted on lands zoned “C6-4”, and for the purposes of this By-law a
Food Supermarket shall be defined as follows:
Food Supermarket means a retail establishment in which the floor area is
primarily devoted to the sale of edible food products, and which has a gross
leasable floor area in excess of 1,000 sq. m.
21.3.4.2
A minimum of 80% of the total floor area of buildings on lands zoned “C6-4” shall
be for retail outlets with a floor area of not less than 3,700 sq. m. Within the
balance of the total permitted floor area, the minimum floor area of a retail store
shall be 465 sq. m.
21.3.4.3
The maximum floor area per lot shall be 10,500 sq. m for a main building and
1,860 sq. m for ancillary seasonal retail space.
135
21.3.5
POWER CENTRE COMMERCIAL EXCEPTION FIVE (C6-5) ZONE
21.3.5.1
Notwithstanding Section 21.1.1, lands zoned “C6-5” may also be used for the
following:
(a)
(b)
(c)
(d)
(e)
21.3.5.2
Dry Cleaning Establishment
Health and/or Fitness Club
Printer and/or Publisher
Rental Establishment
Wholesale Business
The maximum total gross leasable floor area for “small retail uses’ on lands
zoned “C6-3” and “C6-5” shall be 1,017 sq. m in the aggregate.
For the purposes of the “C6-3” and “C6-5” zones “small retail uses” shall mean
retail stores having a gross floor area ranging from 230 sq. m to 465 sq. m.
21.3.5.3
Notwithstanding the parking requirements of Section 3.16 of this By-law, on
lands zoned “C6-5”, off-street parking spaces shall be provided on the basis of 1
space for each 20 sq. m of gross floor area, of which 3% shall be for persons
with disabilities.
21.3.6
POWER CENTRE COMMERCIAL EXCEPTION SIX (C6-6) ZONE
21.3.6.1
Notwithstanding Section 21.1.1, lands zoned “C6-6” may also be used for the
following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
21.3.6.2
Dry Cleaning Establishment and/or Depot
Health and/or Fitness Club
Motor Vehicle Washing Establishment
Printer and/or Publisher
Rental Establishment
Retail Outlet
Wholesale Business
The maximum total gross leasable floor area for “small retail uses” on the lands
zoned “C6-2” and “C6-6” shall be 1,309 sq. m in the aggregate.
For the purposes of “C6-2” and “C6-6” zone, “small retail uses” shall mean stores
having a gross floor area ranging from 230 sq. m to 465 sq. m.
136
PART 21A – WEST RIDGE COMMERCIAL
All provisions of this By-law apply to the lands save and except for the specific
provisions as set out below.
21A.1
WEST RIDGE COMMERCIAL 1 (WRC1) ZONE
21A.1.1
USES PERMITTED
•
•
•
•
•
•
•
•
•
•
•
•
Bank or Financial Institution
Business, Professional or Administrative Office
Commercial School
Community Centre
Day Care Centre
Dwelling Units in the second and/or third storey
Personal Service Shop
Place of Worship
Restaurant
Retail Store (not to exceed 250 sq. m per premises)
Service Shop
Video Rental
21A.1.2
•
•
•
•
•
•
•
ZONE PROVISIONS
Lot Area (min.)
Lot Frontage (min.)
Yard Requirements (min.)
(i) Front
(ii) Interior Side
(iii) Exterior Side and Rear
Setback from Trans Canada Pipeline (min.)
Lot Coverage (max.)
Building Height (max.)
Landscaped Open Space (min.)
300.0 sq. m
15.0 m
6.0 m
6.0 m
5.0 m
10.0 m
50%
11.0 m
20%
137
PART 22 - SPECIAL INDUSTRIAL (M1) ZONE
22.1
USES PERMITTED
22.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Special Industrial (M1) Zone, except
for the following uses:
Animal Hospital or Veterinary Clinic
Banquet Hall or Assembly Hall
Business, Professional or Administrative Office
Club
Commercial Use incidental to a permitted use
Community Centre
Custom Workshop
Data Processing Centre
Day Nursery
Light Industry
Mini Storage Units
Motor vehicle, marine, recreational vehicle and tourist trailer parts and accessories, sales
and service
Motor Vehicle Washing Establishment in association with Motor Vehicle Sales and
Service
Place of Assembly
Recreational Establishment
Restaurant
Service or Repair Shop
A single Residential Dwelling Unit for a caretaker or security guard and such person’s
household.
Warehouse
Wholesale Outlet
22.2
ZONE PROVISIONS
22.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Special Industrial (M1) Zone, except in
conformity with the following zone provisions:
22.2.1.1
Lot Area (min.)
22.2.1.2
Lot Frontage (min.)
22.2.1.3
1000
sq. m
30
m
Yard Requirements (min.)
(a)
Front
(a)
Interior Side
(c)
Exterior Side
(d)
Rear
10
4.5
10
7.5
m
m
m
m
22.2.1.4
Lot Coverage (max.)
50
%
22.2.1.5
Building Height (max.)
15
m
22.2.1.6
Gross Floor Area
no minimum
138
22.2.1.7
Landscaped Open Space (min.)
20
%
22.2.1.8
Outside storage
Not permitted
22.2.1.9
Light industry shall be separated from
residential lots by the following
minimum setback
30
m
22.3
SPECIAL INDUSTRIAL EXCEPTION ZONES
22.3.1
SPECIAL INDUSTRIAL EXCEPTION ONE (M1-1) ZONE
22.3.1.1
Notwithstanding Section 22.1.1, lands zoned “M1-1" may also be used for:
(a)
(b)
(c)
(d)
(e)
(f)
22.3.1.2
Commercial School
Commercial use incidental to a permitted use, including a retail
showroom or sales outlet for products manufactured on the premises;
Convenience Store, within a building containing other uses permitted by
this by-law, which store shall not exceed 250 sq. m of gross floor area
and which supplies groceries and other household conveniences to the
public
Day Nursery accessory to a permitted use
Printer
Rental Business
Notwithstanding Section 22.2.1, lands zoned “M1-1"shall be subject to the
following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
Loading spaces shall only be permitted in a rear or side yard except that
no loading door shall be permitted in any building wall that faces a
street.
All driveways and parking areas between the main wall of any building
and any front or exterior side yard shall be curbed with concrete or rolled
asphalt.
Not more than 50% of any parking may be located in a front or exterior
side yard to a maximum of 20 spaces and such parking shall be
separated from the street line by a landscaped planting strip no less
than 3 m in width.
No fence shall be placed nearer to a city street line than 3.0 m in the
case of decorative or ornamental fencing forming part of a landscaped
open space, or 5.0 m in the case of all other fences, except that this
provision shall not apply to an exterior side yard.
Open Storage – only finished manufactured products may be stored
outside of an enclosed building and any such open storage is not
permitted in any front yard nor in any portion of a side or rear yard within
15 m of an abutting Residential, Environmental Protection or Community
Facility Zone. Open Storage uses shall be screened from the surrounding
area by a wall, a fence, planting or other barrier, or a combination thereof.
The screening shall have a minimum height of 2 m and shall be designed
so as to obscure the stored material from public view.
Lot Coverage (max.) – 50%.
139
(g)
(h)
(i)
Exterior Side Yard (min.) – 9 m
Interior Side Yard (min.) – 3 m on one side - 7.5 m on the remaining
side.
In the case of a corner lot, the interior side yard shall be a minimum of
3 m.
22.3.2
SPECIAL INDUSTRIAL EXCEPTION ONE (M1-2) ZONE
22.3.2.1
Notwithstanding Section 22.1.1, lands zoned “M1-2" may also be used for:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Automated Motor Vehicle Washing Establishment
Dry Cleaning Establishment
a facility containing climate controlled individual storage units with no
individual exterior access and access from an interior common hall only.
Financial Institution
Garden Centre
Motor Vehicle Parts or Accessories Sales Establishment
Motor Vehicle Repair Garage within a wholly enclosed building
Motor Vehicle Sales Establishment
Retail or Wholesale Business with a minimum of 1,000 sq. m of floor
area per premises
22.3.3
SPECIAL INDUSTRIAL EXCEPTION (M1-3) ZONE
22.3.3.1
Notwithstanding Sections 22.1.1 and 22.2.1.3, lands zoned “M1-3” shall be
permitted to have outdoor storage of finished manufactured products in the
rear yard. For the purposes of the “M1-3” zone, the rear yard is defined as the
yard extending from the most easterly main wall of the building, across the full
width of the lot, between the north, east and south lot lines.
22.3.3.2
No outdoor storage in the rear yard shall be located closer than 3 m to the
north, east and south lot lines.
22.3.4
SPECIAL INDUSTRIAL EXCEPTION FOUR (M1-4) ZONE
22.3.4.1
Notwithstanding Sections 3.1.2.1, 3.1.3.2, 3.16.1.2, 3.16.1.4, 22.1.1 and
22.2.1.8, lands zoned “M1-4” may also be used for those uses permitted in the
“M1-1” zone, as well as a Heavy Equipment Sales Establishment, subject to
the following exceptions:
(a)
(b)
(c)
(d)
(e)
(f)
A maximum of two (2) accessory buildings or structures shall be
permitted in the front yard.
An accessory building or structure 7.4 m in height shall be permitted.
The minimum amount of parking spaces shall be 64.
The area dedicated for outside storage of heavy equipment may be of
an aggregate surface.
Outside storage is permitted for the display of heavy equipment and
shall not require screening.
Notwithstanding any other provision of By-law 2005-72, as amended,
where a lot is created and/or modified as a result of the acquisition of
land by an authority possessing the power of expropriation, such lot shall
be deemed to comply with the provisions, standards and requirements of
140
(g)
(h)
(i)
the zone.
Loading spaces shall only be permitted in a rear or side yard except that
no loading door shall be permitted in any building wall that faces a
street.
All driveways and parking areas between the mail wall of any building
and any front or exterior side yard shall be curbed with concrete or rolled
asphalt.
No fence shall be placed nearer to a city street line than 3.0 m in the
case of decorative or ornamental fencing forming part of a landscaped
open space, or 5.0 metres in the case of all other fences, except that
this provision shall not apply to an exterior yard.
22.3.4.2
For the purposes of this By-law, “Heavy Equipment Sales Establishment” shall
mean “a building or part thereof and/or lot used for the sale, rental, repair,
outdoor display and/or storage, and washing in association with sales and
repair, of new and used heavy equipment such as road building machines and
other construction equipment and their parts and accessories.”
22.3.5
SPECIAL INDUSTRIAL EXCEPTION FIVE (M1-5) ZONE
22.3.5.1
Notwithstanding Section 22.2.1.8, the lands denoted by the “M1-5” symbol on
the date of approval of Amendment Number 137 to this By-law may also be
used for outside storage, provided that such outside storage:
BY-LAW 2013-106
a)
b)
c)
d)
e)
Shall be accessory to a permitted “Light Industry” use;
Shall be located no closer than 100 metres to the lot line dividing the
subject property from Highway 11;
Shall not exceed 20 percent of the area of the lot;
Shall not contain product stored in a manner that cumulatively exceeds
the elevation of the existing building; and
Shall have an interior side yard setback of 0 metres, for the interior side
yard adjacent to the property known municipally as 100 Hunter Valley
Road.
141
PART 23 - RESTRICTED INDUSTRIAL (M2) ZONE
23.1
USES PERMITTED
23.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Restricted Industrial (M2) Zone,
except for the following uses:
All uses permitted in the Special Industrial (M1) Zone
Building Supply and Equipment Depots and Sales
Contractor's yard
Dry-land marina
Factory Outlet
Medium Industry
Outside storage accessory to a permitted use
23.2
ZONE PROVISIONS
23.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Restricted Industrial (M2) Zone,
except in conformity with the following zone provisions:
23.2.1.1
Lot Area (min.)
2000 sq. m
23.2.1.2
Lot Frontage (min.)
30
m
23.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
(d)
Rear
6
3
6
7.5
m
m
m
m
23.2.1.4
Lot Coverage (max.)
50
%
23.2.1.5
Building Height (max.)
15
m
23.2.1.6
Gross Floor Area
No minimum
23.2.1.7
Landscaped Open Space (min.)
20
23.2.1.8
Outside Storage accessory to a permitted use, shall be permitted within a
fenced, rear yard only, shall not be permitted within 6 m of a lot line abutting a
street and the lot coverage of all buildings and Outside Storage combined shall
not exceed 50%.
23.2.1.9
Medium industry shall be separated 70
from residential lots by the following
minimum setback
%
m
142
23.3
RESTRICTED INDUSTRIAL EXCEPTION ZONES
23.3.1
RESTRICTED INDUSTRIAL EXCEPTION ONE (M2-1) ZONE
23.3.1.1
Notwithstanding Sections 23.1.1 and 23.2.1, land zoned "M2-1" may also be used
for a Liquidation Sales Outlet provided that the gross floor area devoted to
merchandise liquidation sales and associated storage shall not exceed 800 sq. m.
23.3.2
RESTRICTED INDUSTRIAL EXCEPTION TWO (M2-2) ZONE
23.3.2.1
Notwithstanding Section 23.1.1, land zoned "M2-2" may only be used for the
following uses:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
Banquet Hall or Assembly Hall
Business, Professional or Administrative Office
Club
Commercial School
Commercial Use incidental to an industrial use, including a retail
showroom or sales outlet for products manufactured on the premises
Community Centre
Custom Workshop
Data Processing Centre
Day Nursery accessory to a permitted use
Health and/or Fitness Club
Light Industry
Medium Industry
Laboratory
Printer
Private Community Centre
Public or Private Parking Lot
Recreational Establishment
Restaurant
Service or Repair Shop
Warehouse
Wholesale Outlet
23.3.3
RESTRICTED INDUSTRIAL EXCEPTION THREE (M2-3) ZONE
23.3.3.1
Notwithstanding Section 23.1.1, land zoned "M2-3" may also be used for a
Transport Terminal.
23.3.4
RESTRICTED INDUSTRIAL EXCEPTION FOUR (M2-4) ZONE
23.3.4.1
In addition to the uses permitted in Section 23.3.2.1 and notwithstanding
Sections 3.16.1 and 23.2.1.8, the existing building may also be used for Mini
Storage Units and Outdoor Storage and/or a Contractor’s Yard accessory to a
permitted use and subject to the following exceptions:
(a)
Parking spaces (min.)
37
143
(b)
Outdoor Storage accessory to a permitted use, shall be permitted within a
fenced, rear yard only, shall not be permitted within 5 metres of a lot line
abutting a street and the lot coverage of all buildings and Outside
Storage combined shall not exceed 50%.
(c)
The existing building and existing driveway widths are deemed to comply
with this by-law with respect to any deficiencies.
23.3.5
RESTRICTED INDUSTRIAL EXCEPTION FIVE (M2-5) ZONE
23.3.5.1
Notwithstanding Section 23.1.1, the easterly 100 metres of the lands zoned “M25” may only be used for the following uses:
BY-LAW 2009-118
(a)
(b)
(c)
(d)
(e)
Dry-land marina
Outside storage accessory to a permitted use
Contractor’s yard
Motor vehicle, marine, recreational vehicle and tourist trailer parts and
accessories sales
Mini Storage Units
23.3.5.2
The westerly 101 metres of the lands zoned “M2-5” may be used for the uses
permitted in Section 23.1.1.
23.3.5.3
Notwithstanding Section 23.2.1.3(c), the existing buildings and structures are
deemed to comply with this by-law with respect to any deficiencies in exterior
side yard requirements.
23.3.5.4
Notwithstanding Section 23.2.1.7, the lands zoned “M2-5” shall be subject to the
following exception:
(a) Landscaped Open Space (min.)
17%
23.3.5.5
For the purposes of the “M2-5” zone, “Marina, Dry-Land” shall mean a building,
structure, or lot where watercraft and watercraft accessories are stored or kept
for sale.
23.3.5.6
Display of watercraft for sale may be permitted in the front yard, but shall not
include watercraft storage.
144
PART 24 - GENERAL INDUSTRIAL (M3) ZONE
24.1
USES PERMITTED
24.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a General Industrial (M3) Zone, except
for the following uses:
All uses permitted in the Special Industrial (M1) and Restricted Industrial (M2)
Zones
Dry Cleaning Establishment
Heavy Industry
Outside Storage
Salvage Yard
Transport Terminal
Warehouse
24.2
ZONE PROVISIONS
24.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a General Industrial (M3) Zone, except
in conformity with the following zone provisions:
24.2.1.1
Lot Area (min.)
4000 sq. m
24.2.1.2
Lot Frontage (min.)
30
m
24.2.1.3
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
(d)
Rear
7.5
3
7.5
7.5
m
m
m
m
24.2.1.4
Lot Coverage (max.)
50
%
24.2.1.5
Building Height (max.)
15
m
24.2.1.6
Gross Floor Area
No minimum
24.2.1.7
Landscaped Open Space (min.)
20
24.2.1.8
Outside Storage shall only be permitted within a fenced compound, shall not be
permitted within six metres of a lot line abutting a street and the lot coverage of
all buildings and outside storage combined shall not exceed 60%.
24.2.1.9
Heavy industry shall be separated
from residential lots by the following
minimum setback
300
%
m
145
24.3
GENERAL INDUSTRIAL EXCEPTION ZONES
24.3.1
GENERAL INDUSTRIAL EXCEPTION ONE (M3-1) ZONE
24.3.1.1
Notwithstanding Sections 24.1.1 and 24.2.1, land zoned "M3-1" may only be
used for a business office accessory to an industrial use together with a turning
area for commercial vehicles subject to the following exceptions:
(a) Front Yard (min.)
(b) East Side Yard (min.)
13.0
8.9
m
m
24.3.2
GENERAL INDUSTRIAL EXCEPTION TWO (M3-2) ZONE
24.3.2.1
Notwithstanding Section 24.2.1, land zoned "M3-2" shall be subject to the
following exceptions:
(a) Lot Frontage (min.)
(b) Lot Area (min.)
18.0 m
800 sq. m
24.3.3
GENERAL INDUSTRIAL EXCEPTION THREE (M3-3) ZONE
24.3.3.1
Notwithstanding Section 24.1.1, land zoned "M3-3", may only be used for the
following uses:
(a) Business, Professional or Administrative Office
(b) Club
(c) Commercial School
(d) Commercial Use incidental to a permitted use
(e) Community Centre
(f) Custom Workshop
(g) Day Nursery accessory to a permitted use
(h) Funeral Home
(i) Health and/or Fitness Club
(j) Light Industry
(k) Medium Industry
(l) Parking Lot
(m) Place of Assembly
(n) Printer
(o) Public Garage
(p) Recreational Establishment
(q) Restaurant
(r) Service or Repair Shop
(s) Warehouse
(t) Wholesale Business.
24.3.3.2
Notwithstanding Sections 3.16.1.5 and 24.2.1, land zoned "M3-3" shall be
subject to the following exceptions:
(a) Length of parking spaces (min.)
(b) West Interior Side Yard (min.)
5.9
2.9
m
m
146
24.3.4
GENERAL INDUSTRIAL EXCEPTION FOUR (M3-4) ZONE
24.3.4.1
Notwithstanding Sections 24.1.1 and 24.2.1, land zoned "M3-4" and the existing
buildings, structures and uses thereon, shall be deemed to conform to the
provisions of this By-law. However, any change of use or any new building,
structure, or building addition shall comply with all applicable requirements of
this By-law.
Caution
It is to be noted that the subject land may be contaminated and that any change
in land use or any new building, structure, or building addition may require
Environmental Investigation and Remediation. The Environmental Investigation
shall be undertaken by a Consulting Engineer qualified to undertake such work,
before the change in land use, new building, structure, or building addition takes
place. An agreement with the City may be required, in order to ensure that the
remediation is completed in an appropriate manner.
24.3.5
GENERAL INDUSTRIAL EXCEPTION FIVE (M3-5) ZONE
24.3.5.1
Notwithstanding Section 24.1.1, land zoned "M3-5", may only be used as a
Salvage Yard.
24.3.6
GENERAL INDUSTRIAL EXCEPTION SIX (M3-6) ZONE
24.3.6.1
Notwithstanding Section 24.1.1, land zoned "M3-6" may also be used for a
Waste Transfer Station.
24.3.7
GENERAL INDUSTRIAL EXCEPTION SEVEN (M3-7) ZONE
24.3.7.1
Notwithstanding Sections 24.1.1 and 24.2.1, land zoned "M3-7" may also be
used for a Motor Vehicle Fuel Bar and Motor Vehicle Washing Establishment
subject to the following exceptions:
(a) Propane fuel tank height (max.)
(b) Vehicle storage shall be provided for a minimum of 10
vehicles entering and two vehicles exiting the Motor
Vehicle Washing Establishment.
8.5 m
147
PART 25 - EXTRACTIVE INDUSTRIAL (M4) ZONE
25.1
USES PERMITTED
25.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in an Extractive Industrial (M4) Zone,
except for the following uses:
Aggregate Crushing, Processing and Screening Plant
Agriculture
Concrete or Asphalt Plant
Existing Dwelling Unit
Sand and Gravel Pit
25.2
ZONE PROVISIONS
25.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any structure or building in an Extractive Industrial (M4) Zone,
except in conformity with the following requirements:
25.2.1.1
Lot Area (min.)
10 ha
25.2.1.2
Yard Requirements (min.)
(a)
Front
(b)
Interior Side
(c)
Exterior Side
(d)
Rear
(e)
from residence on another lot
30
15
30
15
90
m
m
m
m
m
25.2.1.3
Aggregate Crushing, Processing or Screening Plants and Ready-mix Concrete
or Asphalt Plants shall have a minimum setback of 300 m from the nearest lot
line of any lot within a Residential or Environmental Protection Zone
classification.
25.3
EXTRACTIVE INDUSTRIAL EXCEPTION ZONES
25.3.1
EXTRACTIVE INDUSTRIAL EXCEPTION ONE (M4-1) ZONE
25.3.1.1
Notwithstanding Sections 3.20.1.2 and 25.1.1, lands zoned “M4-1” shall only be
used for an existing licensed Sand and Gravel Pit.
25.3.2
EXTRACTIVE INDUSTRIAL EXCEPTION TWO (M4-2) ZONE
25.3.2.1
Notwithstanding Sections 3.1.2, 25.1.1, and 25.2.1.3, lands zoned “M4-2” shall only
be used for a Concrete or Asphalt Plant which has a minimum setback of 50 m from
the nearest lot line and 300 m to the nearest dwelling unit located on a separate lot.
Existing accessory structures may be located in a front yard provided they have a
minimum setback of 7.5 m from the lot line.
148
25.3.3
EXTRACTIVE INDUSTRIAL EXCEPTION THREE (M4-3) ZONE
25.3.3.1
Notwithstanding Section 25.1.1, lands zoned “M4-3” shall not be used for
Aggregate Crushing, Processing and Screening Plants, a Sand or Gravel
Pit, a Concrete Plant or an Asphalt Plant.
149
PART 26 - DISPOSAL INDUSTRIAL (M5) ZONE
26.1
USES PERMITTED
26.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure in a Disposal Industrial (M5) Zone, except
for one of the following uses:
Re-cycling Depot
Sanitary Landfill Site
Sewage Treatment Plant
Waste Transfer Station
26.2
ZONE PROVISIONS
26.2.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure, in a Disposal Industrial (M5) Zone, except
in conformity with the following zone provisions:
26.2.1.1
Lot Area (min.)
(a)
Sanitary Landfill Site
(b)
Waste Transfer Station and/or
Re-cycling Depot
(c)
Sewage Treatment Plant
26.2.1.2
26.2.1.3
Lot Frontage (min.)
(a)
Sanitary Landfill Site
(b)
Waste Transfer Station and/or
Re-cycling Depot
(c)
Sewage Treatment Plant
Yard Requirements (min.)
(a)
Front
(b)
Side
(c)
Rear
(d)
For Waste Transfer Station
and/or Recycling Depot - all
yards
10 ha
0.5 ha
2 ha
150 m
30 m
30 m
30 m
30 m
30 m
10 m
26.2.1.4
All permitted uses shall be enclosed by an opaque fence a minimum of 2.0 m in
height or a landscaped buffer at least 6 m wide with a hedgerow of evergreens at
least 2.0 m in height.
26.3
DISPOSAL INDUSTRIAL EXCEPTION ZONES
150
PART 27 – HOLDING (H) ZONE
27.1
HOLDING (H) ZONE
27.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure on lands with a Holding (H) Symbol, except
if brought into conformity with the following exceptions:
27.2
HOLDING EXCEPTION ZONES
27.2.1
HOLDING EXCEPTION ONE (H-1) ZONE
27.2.1.1
The removal of the Holding Exception One (H-1) and the commencement of the
other permitted uses in the RM2 Zone shall be subject to further environmental
analysis undertaken to the satisfaction of the City and relevant agencies.
BY-LAW 2009-59
27.2.2
HOLDING EXCEPTION TWO (H-2) ZONE
(Removed by By-law 2010-144)
27.2.3
HOLDING EXCEPTION THREE (H-3) ZONE
27.2.3.1
The removal of the 'H-3' symbol is conditional upon the City being satisfied or an
agreement has been entered into satisfying the requirements of the City relative
to:
BY-LAW 2012-41
i.
Submission of a Clearance Letter from the Ministry of Tourism, Culture
and Sport, or its successor, in accordance with the applicable policies of
Section 5.4 (of the City’s Official Plan (approved by the Ministry of
Municipal Affairs and Housing on March 17, 2011 and as amended).
ii.
Submission of a current Ecological Site Assessment, or equivalent study,
to address any potential Species at Risk to the satisfaction of the City,
and if necessary, the Ministry of Natural Resources, or its successor.
iii.
Submission of a Streetscape Plan and/ or other applicable Plans that
address lighting,
landscaping and detailed building elevations,
demonstrating conformity with the applicable Policies as set out in
Sections 3.3.3 (General Living Area Policies), 3.3.6 (Intensification Area
Designation), 3.3.7 (Design Policies for the Living Area),
6.1
(Transportation) and 6.3 (Stormwater Management) in the City’s Official
Plan (approved by the Ministry of Municipal Affairs and Housing on March
17, 2011 and as amended) to the satisfaction of the City.
iv.
Submission of a detailed Stormwater Management Report to the
satisfaction of the City, the Township of Severn and the Ministry of
Transportation, or its successor, in accordance with Section 6.3
(Stormwater Management) of the City’s Official Plan (approved by the
Ministry of Municipal Affairs and Housing on March 17, 2011 and as
amended), including Level 1 (Enhanced) Stormwater Protection, to the
satisfaction of the City, and if necessary, the Ministry of the Environment,
or its successor.
151
v.
Submission of a Traffic Impact Study and Entrance Analysis
demonstrating conformity to the applicable policies of 3.3.3.6, 3.3.3.7,
6.1.4, 6.1.5 of the City’s Official Plan (approved by the Ministry of
Municipal Affairs and Housing on March 17, 2011 and as amended), to
the satisfaction of the City and the Ministry of Transportation, or its
successor.
vi.
Submission of a Noise Study to demonstrate conformity with policy
7.1.15 (Land Use Compatibility) of the City’s Official Plan (approved by
the Ministry of Municipal Affairs and Housing on March 17, 2011 and as
amended), to the satisfaction of the City
vii.
Satisfaction of the requirements of the City’s Public Works Department
relative to the provision and adequacy of municipal water, sanitary
sewage disposal services, site access and any necessary improvements
to municipal roads and rights-of-way, including the provision of sidewalks,
where deemed necessary.
viii.
For the purposes of the development of the “C3-27” Zone, or where the
demand is warranted prior to the development of the C3-27 Zone, the
provisions for the installation of traffic lights, and any related
improvements to municipal roads and rights-of way, at the intersection of
Sundial Drive and access point to the lands zoned “C3-27”.
27.2.3.2
Until such time as the H-3 symbol is lifted, lands zoned RM1-34 (H-3) shall be
limited to existing uses and a Temporary Sales Office.
27.2.4
HOLDING EXCEPTION FOUR (H-4) ZONE
27.2.4.1
The removal of Holding Exception Four (H-4) is conditional upon:
BY-LAW 2012-40
i.
Submission of a Comprehensive Development Plan in accordance with
Policy 3.3.3.13 g) of the City’s Official Plan (approved by the Ministry of
Municipal Affairs and Housing on March 17, 2011 and as amended) to
the satisfaction of the City.
ii.
Submission of an Archaeological Assessment and Conservation Plan (if
archaeology resources are identified) in accordance with the applicable
policies of 5.4 as set out in the City’s Official Plan (approved by the Ministry
of Municipal Affairs and Housing on March 17, 2011 and as amended) to
the satisfaction of the Ministry of Tourism, Culture and Sport or its
successor.
iii.
Submission of a Streetscape Plan, including lighting, landscaping and
detailed building elevations, demonstrating conformity to the applicable
Policies as set out in 3.3.3.5, 3.3.3.6, 3.3.3.8, 3.3.3.12 and 3.3.4.4 c);
‘Design Policies For Living Area’ as set out in Policy 3.3.7; ‘Design Policies
for Roads” as set out in Policy 6.1.4.2, and policies for Public Transit set
out in 6.1.6 of the City’s Official Plan (approved by the Ministry of Municipal
Affairs and Housing on March 17, 2011 and as amended) to the
satisfaction of the City.
152
iv.
Submission of a Traffic Impact Study and Entrance Analysis demonstrating
conformity to the applicable policies of 3.3.3.5, 3.3.3.6 b), and 6.1.6 of the
City’s Official Plan (approved by the Ministry of Municipal Affairs and
Housing on March 17, 2011 and as amended), if the applicable uses and/or
roads are proposed, to the City’s satisfaction.
v.
Submission of a Stormwater Management Plan, if the preparation of such a
Plan is deemed to be warranted by the City, which demonstrates
conformity to the applicable policies of 4.7 v), w) and x) and Policy 6.2 of
the City’s Official Plan (approved by the Ministry of Municipal Affairs and
Housing on March 17, 2011 and as amended) and as set out in the Lake
Simcoe Protection Plan, as amended, to the satisfaction of the City.
vi.
Satisfy the requirements of the City’s Public Works Department relative to
the provision and adequacy of municipal water and sanitary sewage
disposal services.
vii.
Satisfy the requirements of the City’s Public Works Department with
respect to the dedication of land (or easement, if deemed appropriate by
the City) for road widening purposes along Westmount Drive North, Mary
Street and John Street frontages, as well as the dedication of land for a
transit bus bay at the northwest corner of the property along the
Westmount Drive North frontage, in accordance with applicable policies set
out in 6.1.4.1 and 6.1.6.1 of the City’s Official Plan (approved by the
Ministry of Municipal Affairs and Housing on March 17, 2011 and as
amended), to the satisfaction of the City.
27.2.5
HOLDING EXCEPTION FIVE (H-5) ZONE
27.2.5.1
THAT the removal of the ‘H-5’ symbol is conditional upon the City being satisfied
or an agreement has been entered into satisfying the requirements of the City
relative to:
BY-LAW 2012-115
i.
Submission of a Clearance Letter from the Ministry of Tourism, Culture
and Sport, or its successor, in accordance with the applicable policies of
Section 5.4 (of the City’s Official Plan (approved by the Ministry of
Municipal Affairs and Housing on March 17, 2011 and as amended).
ii.
Submission of a current Ecological Site Assessment, or equivalent study,
to address any potential Species at Risk to the satisfaction of the City,
and if necessary, the Ministry of Natural Resources, or its successor.
27.2.6
HOLDING EXCEPTION SIX (H-6) ZONE
27.2.6.1
The removal of Holding Exception Six (H-6) is conditional upon:
BY-LAW 2012-146
i.
Submission of a Comprehensive Development Plan in accordance with
Policy 3.3.3.18 b) of the City’s Official Plan (approved by the Ministry of
Municipal Affairs and Housing on March 17, 2011 and as amended) to
the satisfaction of the City.
153
ii.
Submission of a Streetscape Plan, including lighting, landscaping and
detailed building elevations, demonstrating conformity to the applicable
Policies as set out in 3.3.3.5, 3.3.3.6, 3.3.3.7, 3.3.3.8, 3.3.3.12 and 3.3.4.4
c); ‘Design Policies For Living Area’ as set out in Policy 3.3.7; ‘Design
Policies for Roads” as set out in Policy 6.1.4.2, and policies for Public
Transit set out in 6.1.6 of the City’s Official Plan (approved by the Ministry
of Municipal Affairs and Housing on March 17, 2011 and as amended) to
the satisfaction of the City.
iii.
Submission of a Traffic Impact Study and Entrance Analysis demonstrating
conformity to the applicable policies of 3.3.3.5, 3.3.3.6 b), 3.3.3.7 a) & b)
and 6.1.6 of the City’s Official Plan (approved by the Ministry of Municipal
Affairs and Housing on March 17, 2011 and as amended), if the applicable
uses and/or roads are proposed, to the City’s satisfaction.
154
PART 28 – TEMPORARY USE ZONE
28.1
USES PERMITTED
28.1.1
No person shall hereafter change the use of any building, structure or land or
erect or use any building or structure on lands with a Temporary Use (T) Symbol,
except if brought into conformity with the following exceptions:
28.2
TEMPORARY USE EXCEPTION ZONES
28.2.1
TEMPORARY USE EXCEPTION ZONE ONE (T-1) ZONE
(REPEALED BY BY-LAW 2012-58)
28.2.2
TEMPORARY USE EXCEPTION TWO (T-2) ZONE
(REPEALED BY BY-LAW 2012-59)
28.2.3
TEMPORARY USE EXCEPTION THREE (T-3) ZONE
(EXPIRED – AUGUST 24, 2012)
155
PART 29 - INTERPRETATION
29.1
SCOPE
29.1.1
In their interpretation and application, the provisions of this By-law shall be held
to be the minimum requirements adopted for the promotion of public health,
safety, convenience and general welfare.
29.2
SYMBOLS
29.2.1
The symbols used on Schedule “A” and Schedule “B” attached hereto refer to
the appropriate zones and zone exceptions established by this By-law.
29.3
DEFINED
29.3.1
The extent and boundaries of all zones are shown on Schedule “A” and
Schedule “B” attached hereto, and all such zones are hereby defined as areas to
which the provisions of this By-law shall respectively apply.
29.4
INTERPRETATION OF ZONE BOUNDARIES
29.4.1
Where the boundaries of any zone, as shown on the attached Schedule “A” and
Schedule “B” are uncertain, the following provisions shall apply:
(a)
Where a zone boundary is indicated as following a street or lane, the
boundary shall be the centre line of such street or lane.
(b)
Where a zone boundary is indicated as approximately following lot lines
shown on a registered plan of subdivision or lots registered in the
appropriate Registry Office or Land Titles Office, the boundary shall
follow such lot lines.
(c)
Where a street, lane, railroad or railway right-of-way, or watercourse is
included within a zone boundary, it shall, unless otherwise indicated, be
included in the zone of the adjoining property on either side of it.
(d)
Where a street, lane, or former railway right-of-way, or watercourse is
included on the zoning map and serves as a boundary between two or
more different zones, a line midway on such street, lane, right-of-way or
watercourse and extending in the general direction of the long division
thereof shall be considered the boundary between zones unless
specifically indicated otherwise.
(e)
Where a zone boundary is indicated as following the limits of the
Municipality, the limits shall be the boundary except in the case of a
boundary located within a lake in which case the high water mark shall be
the zone boundary and the Environmental Protection (EP) zone shall be
deemed to be the zoning applicable to the lake and lake bed.
(f)
Where none of the above provisions apply, the said zone boundary shall
be scaled from the attached Schedule “A” and Schedule “B” at the scale
indicated thereon.
156
29.5
MEASUREMENT
29.5.1
The Metric system of measurement shall be the only standard to be applied in
this By-law. The non-metric equivalents are included as Appendix "A" as a
general guide for reference purposes only and do not form part of this By-law.
29.6
ABBREVIATIONS
29.6.1
The following abbreviations, where used in this By-law, shall have the same
meaning as if the word were printed in full:
d.u.
ha
sq. m
m
min.
max.
g.f.a.
g.l.f.a
C.G.S.
-
dwelling unit
hectare
square metre
metre
minimum
maximum
gross floor area
gross leasable floor area
Canada Geodetic Survey Datum
29.7
COMPLIANCE WITH OTHER LAWS
29.7.1
This By-law shall not be effective to reduce or mitigate any restrictions lawfully
imposed by a Federal, Provincial, Municipal or Governmental Authority having
jurisdiction to impose such restrictions.
157
PART 30 - ADMINISTRATION AND VALIDITY
30.1
ENFORCEMENT
30.1.1
No permit for the use of land or for the erection or use of any building or
structure and no zoning compliance or approval of application for any municipal
licence within the jurisdiction of the Council shall be issued or given where the
proposed building, structure or use is in violation of any provisions of this By-law.
30.1.2
Zoning compliance is required to permit any change in use of a lot, building or
structure.
30.2
INSPECTION OF PREMISES
30.2.1
Where a By-law Enforcement Officer believes, on reasonable grounds, that this
By-law is being contravened, the By-law Enforcement Officer or any person
acting under his or her instructions may, at all reasonable times and upon
producing proper identification, enter and inspect any property on or in respect of
which he or she believes the contravention is occurring.
30.2.2
Notwithstanding Clause 28.2.1, except under the authority of a Search Warrant
issued under Section 49.1(1) of the Planning Act, a By-law Enforcement Officer
or any person acting under his or her instructions shall not enter any room or
place actually used as a dwelling without requesting and obtaining the consent of
the occupier, first having informed the occupier that the right of entry may be
refused and entry made only under the authority of a Search Warrant.
30.3
CONTINUATION OF EXISTING REGULATIONS
30.3.1
All By-laws in force within the Municipality prohibiting or regulating the use of
land or buildings or structures shall be and the same are hereby amended
insofar as it is necessary to give effect to the provisions of this By-law and the
provisions of this By-law shall govern, provided however, where this By-law does
not apply, existing Municipal By-laws shall remain in full force and effect.
30.4
VIOLATION PENALTY
30.4.1
Pursuant to Section 67 of the Planning Act R.S.O. 1990, as amended, every
person who contravenes any of the provisions of this By-law and, if the person is
a corporation, every director or officer of the corporation who knowingly concurs
in the contravention, is guilty of an offence, and on conviction is liable:
30.4.1.1
on a first conviction to a fine of not more than $25,000.00 and;
30.4.1.2
on a subsequent conviction to a fine of not more than $10,000.00 for each day or
part thereof upon which the contravention has continued after the day on which
such person was first convicted.
30.4.2
Where a corporation is convicted of the contravention of any of the provisions of
this By-law, the maximum penalty that may be imposed is:
158
30.4.2.1
Pursuant to Section 67 of the Planning Act R.S.O. 1990, as amended, on a first
conviction a fine of not more than $50,000.00 and;
30.4.2.2
on a subsequent conviction a fine of not more than $25,000.00 for each day or
part thereof upon which the contravention has continued after the day on which
the corporation was first convicted.
30.4.3
Each day that the person, persons or corporation contravenes any provisions of
this By-law, shall constitute a separate offence.
30.4.4
Where a conviction is entered in respect of any contravention of this By-law, in
addition to any other remedy or any penalty provided by this By-law, the court in
which the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the
offence by the person or corporation.
30.5
REPEAL OF EXISTING ZONING BY-LAWS
30.5.1
Restricted Area By-laws 4136, 1973-100, as amended, of the Corporation of the
City of Orillia and By-law 79-5 of the former Township of Orillia, and any
predecessor By-law still in effect as it applies to land now within the corporate
limits of the City of Orillia, are hereby repealed.
30.6
VALIDITY
30.6.1
Should any section, clause or provision of this By-law be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this
By-law as a whole or any part thereof, other than the part so declared to be
invalid.
30.6.2
This By-law shall take effect from the date of passing thereof, subject to the
provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended.
READ a first time this 16th day of May, 2005
READ a second time this 16th day of May, 2005
READ a third time and passed this 16th day of May, 2005
RONALD K. STEVENS_______________
MAYOR
LAURA S. LEE_____________________
CLERK
159
APPENDIX “A” - METRIC CONVERSION
1)
Linear Measurements (rounded)
Metres
0.15
0.50
0.60
0.75
1.0
1.2
1.5
1.8
2.0
2.5
3.0
3.5
4.0
4.5
5.0
5.5
6.0
6.5
7.0
2)
-
Feet
Metres
0.5
1.6
2.0
2.5
3.3
4.0
5.0
6.0
6.6
8.2
9.9
11.5
13.1
14.8
16.4
18.0
19.7
21.3
23.0
7.5
9.0
10.0
11.0
12.0
15.0
18.0
20.0
24.0
25.0
30.0
35.0
40.0
45.0
50.0
100.0
200.0
230.0
300.0
Feet
-
24.6
29.5
32.8
36.0
39.4
49.2
59.0
65.6
78.7
82.0
98.4
114.9
131.2
147.6
164.0
328.1
656.2
754.6
984.3
Area Measurements
Sq
Metres
1
5
7.5
9
20
34
35
55
65
92
93
100
150
460
550
650
690
830
875
930
1390
1650
1860
2000
5000
Sq. Feet
-
10.8
53.8
80.7
96.9
215.3
366.0
376.8
592.0
699.7
990.3
1001.1
1076.4
1614.6
4951.6
5920.3
6996.8
7427.3
8934.3
9418.7
10010.8
14962.3
17761.0
20021.5
21528.5
53821.3
Hectares
1
2
4
5
25
40
Acres
-
2.5
4.9
9.9
12.4
61.8
98.8
160
APPENDIX “B”
Victorian Architectural Styles
Queen Anne, characterized by asymmetrical facades, projecting bay windows, turrets, broad gables or pediments,
extensive use of decorative brick;
Romanesque Revival, characterized by a variety of arches at windows, doors and cornice, and usually
constructed of red brick;
Second Empire, characterized by symmetrical facades, mansard roof with straight, convex, concave or a
combination of the three profiles, round-headed windows protected by wing-shaped roofs, pediment dormers,
large windows, one or two panes per sash, classical mouldings around doors & windows, casement doors, red
brick with buff brick quoins or corner pediments, bracketed eaves;
161
Victorian Eclecticism, characterized by a mix of styles and architectural components, bargeboard trim, multiple
gables and chimney stacks, towers and irregular roof, finials and brackets;
Regency Cottage, characterized by symmetrical plans and elevations, single hip canopy type roof, generous
floor-to-ceiling windows, paired chimneys, wide entry highlighted by neo-classical inspired frieze, door and window
enframements, stucco or brick;
Ontario Gothic, characterized by storey and a half, central gable farmhouse, vertically emphasized when
possible, often board and batten cladding, crenellations, red/brown brick;
162
Italianate, characterized by tall, heavily moulded openings, deeply panelled double doors, paired or tripled
windows with round or semi-elliptical arches, deep mouldings in wood or stone, heavy carved wooden brackets,
broad eaves, corners often emphasized by quoins;
Gothic Revival, characterized by vertical emphasis when possible, can be board & batten cladding, crenellations,
brick, extra gables, pointed arches for windows and entrances, porches with split posts & shallow roofs across
front, profusion of carved and turned woodwork, finials, decorated verge boards, polychrome brickwork heightened
the decorative effects;
Commercial buildings will exhibit elements of classical features some without columns or pilasters, often derived
from Roman and Florentine prototypes they are usually simple, plain colour, columnar type, elaborate façade,
pilasters and arches, decorated friezes and projecting cornices.
163
Zoning
EP-1
EP-2
EP-3
CF-1
CF-2
CF-3
CF-4
CF-5
CF-6
CF-7
CF-8
HR-1
HR-2
HR-3
HR-4
HR-5
HR-6
HR-7
HR-8
HR-9
HR-10
R1-1
R1-2
R1-3
R1-4
R1-5
R2-1
R2-2
R2-3
R2-4
R2-5
R2-6
R2-7
R2-8
R2-9
R2-10
R2-11
R2-12
R2-13
R2-14
R2-15
R2-16
R2-17
R2-18
APPENDIX “C”
ZONE EXCEPTIONS - FOR OFFICE USE ONLY
Street Address
129 Norweld Drive, 900 West Ridge Boulevard, West Ridge Boulevard Storm
Pond
80 Orchard Point Road, 354 Atherley Road, 5 Invermara Court
354 Atherley Road
44 Museum Drive (Leacock Village Community Centre)
350 Peter Street North (Couchiching Golf and Country Club)
835 West Ridge Boulevard
388 West Street North
480 West Street South, 20 & 24 Simcoe Street
500 West Ridge Boulevard
298 Forest Avenue North
25 Museum Drive
108 Penetang Street, 145 Mary Street. 67 & 71 Victoria Street
246 Mississaga Street West
259 Canice Street
57 Neywash Street
199 Nottawasaga Street
65 Peter Street North
129 Mary Street
82 Coldwater Road
84 Coldwater Road
203 Laclie Street
247 Fittons Road East, 1-4 Southwood Circle, 414, 416 Bay Street
Fitton Heights
233 West Street North
361-380 Brewery Lane
110 Matchedash Street North
Victoria Crescent, Heyden Avenue
775 Forest Avenue South, Victoria Crescent, Heyden Avenue
121 James Street East, Joshua Court, 373-385 Regent Street
Deleted by Amendment
273 Coldwater Road
547 Laclie Street
48 Stanton Drive
649 Driftwood Road
Inch Farm (Uhthoff Line)
79 Calverley Street
Calverley Street and Jordon Crescent
Vanessa Drive
520, 530, 540, 546 Harvie Settlement Road
477, 479, 481, 483 Victoria Crescent
474 Laclie Street
54, 56, 66, 71, 72 Orchard Point Road
12 – 46 Vanessa Drive (West Side Only)
220 Murphy Road
164
Zoning
R2-19
R2-20
R2-21
R2-22
R3-1
R3-2
R3-3
R3-4
R3-5
R3-6
R3-7
R3-8
R3-9
R3-10
R4-1
R4-2
R4-3
R4-4
R4-5
R4-6
R4-7
R4-8
R4-9
R4-10
R4-11
RM1-1
RM1-2
RM1-3
RM1-4
RM1-5
RM1-6
RM1-7
RM1-8
RM1-9
RM1-10
RM1-11
RM1-12
RM1-13
RM1-14
RM1-15
RM1-16
RM1-17
RM1-18
RM1-19
RM1-20
APPENDIX “C”
ZONE EXCEPTIONS - FOR OFFICE USE ONLY
Street Address
282 Mississaga Street West
290 Mississaga Street West
329 Peter Street North
148 Dunedin Street
2 Skyline Drive
231 Oxford Street
205 Cedar Island Road
594 West Street South
Inch Farm (Uhthoff Line)
Julia Crescent
363 Mary Street, 7 Dunn Avenue, 289 Nottawasaga Street
240 Oxford Street
153 Cedar Island Road
88-90 Elgin Street
201 Barrie Road
200, 251 Barrie Road
99 Westmount Drive North
252 Millard Street
330 Brewery Lane
43 West Street North
65 Bond Street
149 Colborne Street West
71 Wyandotte Street
5-7 King’s Court
13-15 King’s Court
60 Fittons Road West
325 West Street North
25 South Street
585 Atherley Road
603 Atherley Road
1-21 Vivian Lane
625 Atherley Road
530-540 Gill Street & 2-16 Victoria Crescent
86 James Street East
9 Westmount Road South
19 Orchard Point Road
395 Barrie Road (Repealed by By-law 2012-115)
19 Rachael Road
40 Museum Drive
30 Museum Drive
60 Museum Drive
55 Museum Drive
10 Museum Drive
591 Sundial Drive
451 Sundial Drive
165
APPENDIX “C”
ZONE EXCEPTIONS - FOR OFFICE USE ONLY
Zoning
Street Address
RM1-21 367-375 Millard Street, 123-131 James Street East
RM1-22 5 Invermara Court
RM1-23 1002-1028 Mississaga Street West
RM1-24 27 Lawson Avenue
RM1-25 32- 42 Bond Street and Michelle Drive
RM1-26 478 Regent Street
RM1-27 151 Cedar Island Road
RM1-28 10 Invermara Court
RM1-29 188/198 Coldwater Road West & 163 Park Street
RM1-30 114 Davey Drive
RM1-31 146 Barrie Road
RM1-32 385 & 387 West Street North
RM1-33 50 Westmount Drive North
RM1-34 9 Ferguson Road
RM1-34A 50 Penetang Street
82 Fittons Road East
RM2-1
504 Laclie Street
RM2-2
20 Museum Drive
RM2-3
25 Museum Drive (Repealed by By-law 2010-10)
RM2-4
107, 115, 125 Bond Street
RM2-5
261 Millard Street
RM2-6
388 West Street North
RM2-7
225 Bay Street
RM2-8
679 Atherley Road
RM2-9
RM2-10 17 Coldwater Road West
RM2-11 18 Peter Street North
RM2-12 354 Atherley Road
RM2-13 80 Orchard Point Road
RM2-14 95 Barrie Road
RM2-15 140 Cedar Island Road
RM2-16 1030 and1040 Mississaga Street West
RM2-17 486 Laclie Street
RM2-18 141 Atherley Road
RM2-19 255 West Street North
RM2-20 85 Fittons Road West
RM2-21 99 Westmount Drive North
RM2-22 63-80 Orchard Point Road and 55 Clifford Street
RM2-23 395 Gill Street
RM2-24 79 West Street South (Repealed by By-law 2012-59)
RM2-25 248 Hilda Street
RM2-26 85 Barrie Road
RM2-27 9 Ferguson Road
RM2-28 395 Barrie Road
WRR4-1 114, 116, 118, 120 Pearl Drive
64 Colborne Street East
C1-1
166
Zoning
C1-2
C1-3
C1-4
C1-5
C1-6
C1-7
C1-8
C1-9
C1-10
C1-11
C1-12
C2-1
C2-2
C2-3
C2-4
C2-5
C2-6
C2-7
C2-8
C2-9
C2-10
C2-11
C2-12
C2-13
C2-14
C2-15
C2-16
C2-17
C2-18
C2-19
C2-20
C2-21
C2-22
C2-23
C2-24
C2-25
C2-26
C2-27
C2-28
C2-29
C2-30
APPENDIX “C”
ZONE EXCEPTIONS - FOR OFFICE USE ONLY
Street Address
14 Dunlop Street North
79 West Street North
1 Colborne Street West
62, 65, 68, 100 King Street, 56, 64, 69 Western Avenue, 92, 98, 112 Peter Street
South
78 West Street South
145 Front Street South
40 West Street North
28 West Street North
34 Market Street
78 Front Street South
79 West Street South
25 Museum Drive (Repealed by By-law 2010-10)
397 Mississaga Street West
320 Laclie Street
149 West Street North
319 Laclie Street
137, 216 Colborne Street West, 369 West Street North, 63 Coldwater Road, 29
Albert Street North, 163, 170, 333 Mary Street, 23, 40 O'Brien Street, 182, 260
Mississaga Street West, 7 Westmount Drive North
384 West Street North
334 West Street North
410 Laclie Street
1033 Mississaga Street West
463 West Street North
1037, 1045 Mississaga Street West
3 Westmount Drive South
1080 Mississaga Street West
298 Forest Avenue North (Repealed by By-law 2010-10)
349 West Street North
106 Mary Street, 19 Albert Street North, 234 Colborne Street West, 112 Laclie
Street, 178 Mississaga Street West, 280 Mississaga Street West
186 Mississaga Street West, 15 O'Brien Street
108 Mississaga Street West
279, 281 Coldwater Road
31 Frederick Street
459 West Street North
250 Coldwater Road West
6 Frederick Street
169 Colborne Street West
143 Colborne Street West
153 Colborne Street West
16 Rose Avenue
149 Westmount Drive North
119 Memorial Avenue
167
Zoning
C2-31
HC-1
HC-2
HC-3
C3-1
C3-2
C3-3
C3-4
C3-5
C3-6
C3-7
C3-8
C3-9
C3-10
C3-11
C3-12
C3-13
C3-14
C3-15
C3-16
C3-17
C3-18
C3-19
C3-20
C3-21
C3-22
C3-23
C3-24
C3-25
C3-26
C4-1
C4-2
C5-1
C5-2
C6-1
C6-2
C6-3
C6-4
C6-5
C6-6
M1-1
M1-2
M1-3
APPENDIX “C”
ZONE EXCEPTIONS - FOR OFFICE USE ONLY
Street Address
251 West Street North
O.S.M.H. Commercial Zone
O.S.M.H. Commercial Zone
100 Mississaga Street West
661, 653 Atherley Road
354-356 Laclie Street
174, 176 Memorial Avenue
86, 88, 124, 128 Dunedin Street, 83, 85, 87, 97, 103 Dufferin Street, 173, 175,
177, 179 Victoria Street
575 West Street South
660 Atherley Road
190 Memorial Avenue
195, 205 Memorial Avenue
570 Laclie Street
182, 184 Gill Street
200, 208, 210 Memorial Avenue
430 West Street South
284, 290 Memorial Avenue
595 West Street South
317, 323 Atherley Road
21 James Court
35 Glencoe Avenue
135 West Street South
211 Front Street South
9 James Street East
5 King Street
121-131 Colborne Street W. & 51 Dunlop Street
469 Laclie Street
461 Laclie Street
298-300 Memorial Avenue & 9 James Court
189, 193, 197, 201, 211, 217, 218, 221 Front Street South
201 & 223 Gill Street, 120 Poughkeepsie Street
600 Sundial Drive
640 Atherley Road
425 West Street North
130 Atherley Road, 220 Gill Street
8000 Highway No. 12
3200-3330 Monarch Drive (Even Numbers)
3275, 3295, 3305, 3315 Monarch Drive, 975 West Ridge Boulevard
3205, 3225 Monarch Drive
865 West Ridge Boulevard
4, 10 & 20 Mulcahy Court
575, 580, 600, 700 Harvie Settlement Road
845 West Ridge Boulevard
100 Hunter Valley Road
168
Zoning
M1-4
M1-5
M2-1
M2-2
M2-3
M2-4
M2-5
M3-1
M3-2
M3-3
M3-4
M3-5
M3-6
M3-7
M4-1
M4-2
M4-3
H1
H2
H3
H4
H5
H6
T-1
T-2
T-3
APPENDIX “C”
ZONE EXCEPTIONS - FOR OFFICE USE ONLY
Street Address
610 Harvie Settlement Road
25 Hunter Valley Road
256 Hughes Road
Inch Farm, 425, 505 Memorial Avenue, Progress Business Park
475 Memorial Avenue
55 Progress Drive
300 Matchedash Street South
66 James Street East
Norweld Drive
38 James Street East
174, 250 West Street South, 45 Cochrane Street, 55 Queen Street East
351 West Street South, 18 Kitchener Street
180 James Street West
379 West Street South
2895 Old Barrie Road
425 Line 15 North
425 Line 15 North
79 West Street South
85 Barrie Road (Removed by By-law 2010-144)
9 Ferguson Road
50 Westmount Drive North
395 Barrie Road
50 Penetang Street
1 Colborne Street West (Repealed by By-law 2012-58)
79 West Street South (Repealed by By-law 2012-59)
Expired – August 24, 2012