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 3 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 11 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” 12 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. 21 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. 23 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. 24 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. 25 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. 26 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. 27 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. 28 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. 30 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 31 (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