DRAFT ZONING BY-LAW FOR THE TOWNSHIP OF SIOUX NARROWS-NESTOR FALLS

Transcription

1 ZONING BY-LAW FOR THE TOWNSHIP OF SIOUX NARROWS-NESTOR FALLS Township of Sioux Narrows-Nestor Falls P.O. Box 417 Sioux Narrows, Ontario P0X 1N0

2 TABLE OF CONTENTS 1.0 ADMINISTRATION AND INTERPRETATION TITLE LANDS AFFECTED BY THE BY-LAW CONFORMITY AND COMPLIANCE WITH BY-LAW BUILDING PERMITS, CERTIFICATES OF OCCUPANCY AND MUNICIPAL LICENSES CONTRAVENTION OF THE BY-LAW SEVERABILITY REPEAL OF EXISTING BY-LAWS EFFECTIVE DATE REFERENCE TO LEGISLATION ESTABLISHMENT OF ZONES ZONES HOLDING PROVISIONS LOCATION OF ZONES DETERMINING ZONE BOUNDARIES GENERAL PROVISIONS APPLICATION ACCESSORY USES BUFFER STRIPS COMMERCIAL ACCESSORY USES CORNER LOT SIGHTED RESTRICTIONS CORNER LOTS DANGEROUS USES EXISTING LOTS FLOOR AREA GROUP HOMES HEIGHT HOME OCCUPATIONS, HOME PROFESSIONS, AND HOME INDUSTRIES LAND WITHOUT BUILDINGS LOADING SPACES STANDARDS FOR LOADING SPACES NON-COMPLYING USES NON-CONFORMING USES OBNOXIOUS USES OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS PARKING REQUIREMENTS STANDARDS FOR PARKING AREAS PERMITTED ENCROACHMENTS IN YARDS PERMITTED PUBLIC USES PROHIBITED USES REDUCTION OF LOT AREA RESTORATION TO A SAFE CONDITION Page ii

3 3.27 SERVICES REQUIRED SETBACKS ON ALL ROADS SETBACK ON NON-NAVIGABLE WATERCOURSES, HAZARD LAND AND MUNICIPAL SURFACE DRAINS SPECIAL USES STREET FRONTAGE REQUIRED STRUCTURES IN WATER TEMPORARY CONSTRUCTION USES TRUCK, BUS AND COACH BODIES OR TRAILERS OR TENTS USED FOR HUMAN HABITATION YARD AND OPEN SPACE PROVISION FOR ALL ZONES ZONES RESIDENTIAL ZONE 1 (R1) RESIDENTIAL ZONE 2 (R2) RURAL RESIDENTIAL ZONE (RR) RURAL ZONE (RU) COMMERCIAL ZONE (C1) TOURIST COMMERCIAL ZONE (C2) INDUSTRIAL ZONE (M1) EXTRACTIVE INDUSTRIAL ZONE (M2) WASTE DISPOSAL INDUSTRIAL ZONE (M3) INSTITUTIONAL ZONE (I) OPEN SPACE ZONE (OS) HAZARD LAND ZONE (HZ) DEFINITIONS ENACTMENT APPENDICES Page iii

4 1.0 ADMINISTRATION AND INTERPRETATION 1.1 TITLE This by-law may be referred to as the for the Township of Sioux Narrows-Nestor Falls. 1.2 LANDS AFFECTED BY THE BY-LAW This By-law applies to all lands within the geographic limits of the Township of Sioux Narrows-Nestor Falls. 1.3 CONFORMITY AND COMPLIANCE WITH BY-LAW No land, building, or structure shall be used and no building or structure shall be erected or altered after the passage of this By-law except in conformity and compliance with the provisions of this By-law. 1.4 BUILDING PERMITS, CERTIFICATES OF OCCUPANCY AND MUNICIPAL LICENSES No permit for the use of land or for the erection or use of any building or structure and no Certificate of Occupancy or approval of any application for a municipal license shall be issued, where the proposed building, structure or use is in violation of any provision contained in this By-law. 1.5 CONTRAVENTION OF THE BY-LAW Section 67 of the Planning Act describes what could happen if a person or corporation is convicted of a violation of this By-law. Any person convicted of a violation of this By-law is liable, at the discretion of the convicting justice, on first conviction to a fine of not more than $25, and on a subsequent conviction to a fine of not more than $10, for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. Any corporation convicted of a violation of this By-law is liable, at the discretion of the convicting justice, on first conviction to a fine of not more than $50, and on a subsequent conviction to a fine of not more than $525, for each Page 1

5 day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. 1.6 SEVERABILITY A decision of a Court that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this By-law. 1.7 REPEAL OF EXISTING BY-LAWS Upon this By-law coming into effect By-law No. 411 and all amendments there to are herby repealed. 1.8 EFFECTIVE DATE This By-law shall come into force the day that it was passed in accordance with the provisions of the Planning Act. 1.9 REFERENCE TO LEGISLATION The names and sections of the various Acts referred to in this By-law are according to the Revised Statutes of Ontario as of the date of the adoption of the Plan. It is not intended to amend this By-law each time an Act is renamed or when a new consolidation of the Statutes is issued. Rather, this By-law shall be interpreted so as to refer to those sections and/or Acts named or to their successors, as conditions dictate. Further where this By-law makes reference to legislation it shall be deemed to include, in addition to the statute itself, all regulations passed thereunder. Page 2

6 2.0 ESTABLISHMENT OF ZONES 2.1 ZONES For the purposes of this By-law, the following Zones are established. These Zones may be referred to by the Zone name or by the associated symbol. ZONE Residential Zone 1 Residential Zone 2 Rural Residential Zone Rural Zone Commercial Zone Tourist Commercial Zone Industrial Zone Extractive Industrial Zone Waste Disposal Zone Institutional Zone Open Space Zone Environmental Protection Hazard Land Zone SYMBOL R1 R2 RR RU C1 C2 M1 M2 M3 I OS EP HZ 2.2 HOLDING PROVISIONS Notwithstanding any other provision in this By-law, where a Zone symbol is followed by a dash and the letter "H" (for example: C1-H), the designated lands shall only be used for the use which existed on the date this By-law was passed, until the H is removed by Council in accordance with the policies of the Official Plan and the Planning Act, as amended. Removing the H places the lands in the Zone indicated by the Zone symbol. 2.3 LOCATION OF ZONES The Zones and Zone boundaries are shown on the Schedules, which form part of this By-law. 2.4 DETERMINING ZONE BOUNDARIES Page 3

7 Where any uncertainty exists as to the location of the boundary of any Zone shown on the schedules forming part of this By-law, the following provisions shall apply: (d) Where a Zone boundary is indicated as approximately following lot lines shown on a registered Plan of Subdivision or on lots registered in a registry office or land titles office, the boundary shall follow such lot lines. Where a public street, private street, lane, railway right-of-way, electrical transmission line right-of-way, or watercourse is shown on the schedules to this By- law and serves as a boundary between two or more different Zones, a line in the middle of such street, lane, right-of-way or watercourse shall be the boundary between Zones unless specifically indicated otherwise. Where a Zone boundary is indicated as following the limits of the Township of Sioux Narrows-Nestor Falls, the limits of the Township shall be the boundary. Where none of the above provisions apply, the Zone boundary shall be fixed by the scale of the Schedule upon which it is shown. Page 4

8 3.0 GENERAL PROVISIONS 3.1 APPLICATION The provisions of this section of the By-law shall apply to all lands within the Township of Sioux Narrows-Nestor Falls unless otherwise specified. 3.2 ACCESSORY USES Accessory uses, buildings or structures, are permitted in any yard in any zone, subject to the provisions of this By-law for the particular zone which said building, structure or the use is located, and provided that the accessory building, structure or use: (d) (e) shall not be used for human habitation, except where a residential use is a permitted accessory use; notwithstanding accessory structures located in a Rural zone, shall not be built closer to the front lot line or side lot line than the minimum distance required by this By-law for the main building on the lot; shall not be located in the front yard or the exterior side yard, in the case of a corner lot; shall not be built closer to a street than the main building is to the street except in the case of through lots and through lots deemed to be corner lots where the accessory building shall not be closer to the street line at the rear lot than the required front yard set-back for adjacent lot; shall not be built closer than 1.0 metre to any lot line except: (i) (ii) (iii) that common semi-detached private garages or carports may be centred on the mutual side lot line; that where a lot line abuts a lane, an accessory building or structure may be located not less than 0.5 metre from the said lane; and boat houses, boat ports, boat docks, saunas, fish cleaning sheds, gazebos, marine storage buildings and decks may be built in the front yard, when such a yard abuts a navigable waterway. (f) shall not exceed 140 square meters (1500 sf) in size; Page 5

9 (g) (h) (i) (j) shall not exceed 4.5 metres in height or contain more than one storey, except where a dwelling unit is a permitted accessory use; shall not be built within 2.0 metres of the main building; shall not be considered as an accessory building or structure if attached to the main building in accordance with the definition of "attached"; and shall not be considered an accessory building or structure if located completely underground. 3.3 BUFFER STRIPS (d) A buffer strip shall be used for no other purpose than for the erection of a fence or the planting of a continuous row of natural evergreens or natural shrubs, immediately adjacent to the lot line or portion thereof along which such buffer strip shall be landscaped and planted with ornamental shrubs, flowering shrubs, flower beds or a combination thereof; Where a buffer strip is required in any zone, it shall be a minimum width as specified in the regulations for that zone; A buffer strip shall be located within the zone for which it is required for that zone; A buffer strip may form part of any of required yard. 3.4 COMMERCIAL ACCESSORY USES Notwithstanding any other provisions of this By-law, where a commercial use is permitted as an accessory use in an industrial zone, it shall be located within the main building or within 2.0 metres of the main building shall not exceed 40 percent of the total floor area of the main building and shall not exceed a maximum floor area of square metres. 3.5 CORNER LOT SIGHTED RESTRICTIONS Notwithstanding any other provisions of this By-law, and except in a commercial zone on a corner lot, within the triangular space included between the street lines for a distance of 6.0 metres from the point of intersection, no building or structure including a fence or sign shall be erected and no shrubs or foliage shall be planted Page 6

10 or maintained more than 0.8 metres high which obstructed the view of a driver of a vehicle approaching the intersection. 3.6 CORNER LOTS In any residential zone: Where a main building is erected upon a corner lot, such main building shall be located (i) not less than 7.5 metres from the front lot line; and (ii) not less than 3 metres from the flank of the lot for a 1-storey dwelling and not less than 3.5 metres for a 1-1/2 storey or 2-storey dwelling. Where an accessory building is erected on a corner lot, no part of it shall be nearer the front lot line or flank of the lot than the aforesaid distances set An attached garage, if it is attached in accordance with the definition of an "attached accessory building", shall be considered as part of the main building and all provisions prescribed by this By-law as applicable to residential zones shall apply. 3.7 DANGEROUS USES No land, building or structure shall be used in the Township of Sioux Narrows for the industrial manufacture or distribution of coal oil, rock oil, fuel oil, burning fluid gas, naphtha, benzene, gasoline, dynamite, dualine, nitroglycerine, gunpowder, petroleum products or other combustible or inflammable or liquid material which is likely to create danger to health or danger from fire or explosion except as otherwise specifically provided for in this By-law. 3.8 EXISTING LOTS An existing vacant lot having less than the minimum frontage, depth or area required by this By-law may be developed for all uses in the appropriate zone provided all other regulations of this By-law are satisfied; and such lots are serviced by public water supply and public sanitary sewer disposal facilities or alternatively meet the requirements of the authority having jurisdiction; such lots have a minimum frontage of 7.5 metres on a road or street. Page 7

11 3.9 FLOOR AREA No person shall erect or use a dwelling unit which is not in compliance with the following minimum floor area requirements: Floor Area (Minimum) for each Dwelling Unit Bachelor 37 square metres 1 Bedroom 42 square metres 2 Bedrooms 55 square metres 3 Bedrooms 70 square metres 4 Bedrooms 83 square metres Dwelling unit in a boarding house, 35 square metres rooming house or tourist home. Notwithstanding the above, the minimum floor area of a group home shall be 23.0 square metres plus an additional 7.0 square metres for each resident, exclusive of staff or receiving family. Within a commercial zone: a minimum of 18.5 square metres of open space shall be provided for the exclusive use of each dwelling unit either at ground level or on the roof of the first storey. Such open area shall not form part of any required parking area or loading space GROUP HOMES Notwithstanding any other provisions in this By-law, no group home shall be located closer than metres from another group home HEIGHT The height regulations of this By-law shall not apply to any ornamental dome, chimney, communications tower, storage silo, barn, cupola, steeple, church spire, water storage tank, elevator enclosure, flag pole or television or radio antennae that is less than 10.0 metres high measured from the ground HOME OCCUPATIONS, HOME PROFESSIONS, AND HOME INDUSTRIES Where a home occupation, home profession, or home industry is permitted in a particular zone, it shall: Page 8

12 (d) (e) have at least one permanent resident of the dwelling unit engaged in the business; have no external display or advertisement, other than a non-illuminated sign which is a maximum of 2.0 square metres and is not flashing; have no external storage of materials, containers or finished products; not change the character of the dwelling as a private residence or create or become a nuisance due to such matters as noise, smell, hours of operation or traffic generation; not have more than one employee in addition to the permanent resident engaged in the business; (f) not have the home occupation or home profession occupy more than 25 percent of the floor area of the dwelling unit including the floor area of any basement area used as living quarters and any basement area used for the home occupation or home profession; (g) (h) (i) (j) have any and all parts of a home occupation or home profession use on a lot confined to a dwelling unit on the lot; not exceed more than one home occupation or one home profession or home industry per dwelling unit or lot; be conducted in whole or in part in an accessory building in the case of a home industry; except for the clerical and office function of such home industry, which may be conducted in the dwelling unit; and provide off-street parking in accordance with the provisions of the By-law LAND WITHOUT BUILDINGS Where land is used for or in connection with any use but without any buildings or structures thereon, all yards required by the By-law on a lot in the respective zone shall be provided and maintained as yards and the applicable regulations shall apply, except where the land or lot is used for gardening or open space purposes not prohibited by this By-law in such zone. Page 9

13 3.14 LOADING SPACES No person shall erect or use any building or structure in any commercial or industrial zone which involves the movement of goods, merchandise or materials unless loading spaces are provided and maintained in accordance with the following provisions: one loading space shall be provided on the same premises for every square metres or fraction thereof of the total floor area; loading spaces shall not be less than 3.0 metres in width and 7.5 metres in length; and loading spaces shall not have less than 4.5 metres of vertical clearance STANDARDS FOR LOADING SPACES Where in this By-law, loading spaces are requires or permitted, the following standards shall apply: (d) (e) adequate driveway space shall be provided to permit the safe maneuvering, loading and unloading of vehicles on the lot such that they do not cause an obstruction or a hazardous condition on adjacent streets or sidewalks and loading spaces shall have access to a street or lane of the lot to the centre line of the lane of 3.0 metres; adequate drainage facilities shall be provided in accordance with requirements of the Municipality; loading spaces and approaches shall be surfaced in accordance with the requirements of the Municipality; the illumination of loading spaces shall be arranged so the light is diverted away from any residential, open space or institutional zone; and the location of loading spaces shall be restricted to the rear yard where a lot has access at both the front and rear to a street or road NON-COMPLYING USES Where an existing building is located on a lot having less than the minimum frontage or area required by this By-law, or having less than the minimum Page 10

14 setback, front yard, side yard or rear yard required by this By-law, the said building may be enlarged, reconstructed, repaired or renovated provided that: the enlargement, reconstruction, repair or renovation does not further reduce a setback, front yard, side yard or rear yard having less than the minimum required by this By-law; and all other applicable provisions of this By-law are complied with NON-CONFORMING USES The provisions of this By-law shall not apply to prevent the use of any lot, building or structure for any purpose prohibited by this By-law is such lot, building or structure was lawfully used for such purpose on the date of final passing of this By-law, providing such use has been continuous since that date, nor to prevent the erection or use of any building or structure for any purpose prohibited by this By-law the plans for which have, prior to the date of the passing of the By-law, been approved by the Municipality so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the erection of such building or structure is commenced within one year after the date of the passing of the By-law and such building or structure is completed forthwith after the erection thereof is commenced and provided the permit has not been revoked under the Building Code Act. Where, for any reason, the use of land, building or structure for a use not permitted by this By-law, but which was in existence in the day of the passing of this By-law, has ceased and is not resumed within a 12 month period of the date of ceasing, such non-conforming use shall not be resumed, and any future use of the land, building or structure shall be in conformity with the provisions covering the zone in which the land, building or structure is located OBNOXIOUS USES Nothing in this By-law shall be construed to permit the use of land for the erection or use of a building or structure for any purpose: that is or is likely to become a nuisance or offensive: (i) (ii) by the creation of noise or vibrations; or by reason of the emission of gas, fumes, dust or objectionable odour; or Page 11

15 (iii) by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter or other such material. which, by its nature or by the materials used therein, is declared under the Public Health Act, as amended or revised or any regulations thereunder, to be a noxious or offensive trade, business or manufacture OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS No dwelling, except in the case of an apartment building, shall be occupied before the main side walls and roof have been erected and the external siding and roofing have been completed, and sanitary conveniences installed and where applicable, kitchen and heating facilities have been installed. Any dwelling unit in an apartment building may be occupied provided that all of the above conditions are satisfied, notwithstanding the fact that one or more of the dwelling units have not been completed PARKING REQUIREMENTS For every type of building listed below which is erected, altered or enlarged in any zone after the passing of this By-law, off-street parking shall be provided and maintained in accordance with the following provisions: Type of Use of Building Single detached, two family, semidetached, duplex, triplex and converted dwellings, dwelling units located in commercial buildings, multiple family, townhouse dwellings, and dwellings in apartment buildings Auditoriums, restaurants, theatres, arenas, community centres, private clubs, and other places of assembly (except where one or more of these uses are located in a shopping centre) Schools Page 12 Minimum Parking Required One and one-quarter (1.25) parking spaces per dwelling unit rounded to the next highest whole number. Where there are fixed seats, one parking space for every five seats or for every 3.0 metres or part thereof of bench space; where there are no fixed seats, one parking space for each 9.0 metres of floor area or part thereof devoted to public use. One parking space for each teaching staff member plus one additional parking space for each 20.0 square metres of part thereof of auditorium floor space.

16 Churches Libraries Hotels, motels, taverns and staff houses Boarding house, rooming house and tourist home Township of Sioux Narrows-Nestor Falls One parking space for every ten seats or 6.0 metres of bench space or part thereof if its maximum seating capacity. A minimum of ten parking spaces or one parking space per 28.0 square metres or part thereof of building floor space, whichever is greater. One parking space per rental unit, plus one additional parking space for each 9.0 square metres of floor area or part thereof devoted to public uses, such as restaurants, taverns and other eating places associated with hotels, motels, taverns and staff houses. One parking space for every room or suite of rooms that may be offered for rent. Industrial uses One parking space for each 93.0 square metres of floor area or part thereof or for each five employees, whichever is greater. Retail or service stores Home occupation, home profession or home industry Group homes One parking space per 28.0 square metres of retail floor area or part thereof except that no off-street parking is required for this use in a C1 Zone. One off-street parking space for each 28.0 square metres or part thereof of floor area devoted to said use in addition to that required for the dwelling. One and one-quarter (1.25) parking spaces per receiving family and/or one parking space for each staff on duty at any time, plus one parking space for each two beds or each 37.0 square metres of floor area or part thereof, whichever is greater. Page 13

17 3.21 STANDARDS FOR PARKING AREAS Township of Sioux Narrows-Nestor Falls Where in this By-law, parking areas are required or permitted, all drainage, surfacing and illumination shall be done in accordance with the requirements of the Municipality PERMITTED ENCROACHMENTS IN YARDS Every part of any yard required by this By-law shall be open and unobstructed by any structure from the ground to the sky, provided, however, that accessory buildings shall be permitted in accordance with section 4.25 and those structures listed in the following table shall be permitted to project into the yards indicated for the distances specified: Structure Sills, belt courses, cornices, eaves, gutters, chimneys or pilasters Fire escapes and exterior staircases Yard in which projection is permitted Any yard Rear and side yards only Max. Projection from main wall permitted 0.5 metres 1.5 metres Window bays Front and rear yards only 1.0 metre Balconies Front and rear yards only for all types of dwellings except apartment buildings; any yard for apartment buildings 2.0 metres Open, roofed porches not exceeding one storey in height and covered terraces Clothes poles, signs, garden trellises, light standards and similar accessories Any Yard Any yard 2.5 metres including eaves and cornices 3.23 PERMITTED PUBLIC USES Notwithstanding anything else in this By-law, the provisions of this By-law shall not apply to the use of any land or to the erection or use of any building or structure for the purpose of public service by the Government of Canada, the Province of Ontario, the Corporation of the Township of Sioux Narrows-Nestor Falls or by any local Board thereof as defined by the Municipal Act, Ontario Hydro, and utility companies, provided that: Page 14

18 (d) the lot coverage, setback and yard requirements prescribed for the zone in which land, building or structure is located are complied with; no goods, material or equipment are stored in the open in a residential zone, or within 60.0 metres of a residential zone; any building erected in a residential zone under the authority of this paragraph is designed and maintained in general harmony with residential buildings of the type permitted in the said residential zone; and any parking and loading regulations are complied with PROHIBITED USES It shall be prohibited to use any land or to erect and use any building or other structure in any zone for the purposes of wrecking yards, automobile yards, a waste disposal site or processing facility, a pit or quarry and/or the collection of rags, junk, refuse, or scrap metals unless such uses are specifically listed as permitted uses within that particular zone REDUCTION OF LOT AREA No lot shall be reduced in area, either by the conveyance or alienation of any portion thereof, or otherwise, so that any building or structure on such lot shall have a lot coverage or a ground floor area that exceeds, or a front yard, rear yard, side yard, frontage or lot area that is less than the permitted by this By-law for the zone in which such lot is located; and If any such reduction in the area of a lot occurs, no building or structure located in the lot shall be used until the requirements of this By-law applicable thereto are complied with RESTORATION TO A SAFE CONDITION Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or structure provided such alteration or repair does not increase the height or size or change the use of such building or structure. Page 15

19 3.27 SERVICES REQUIRED No person shall erect or use any building or structure unless the requirements of the Northwestern Health Unit and the Ministry of the Environment are met for the supply of potable water and the collection and treatment of sanitary sewage and other wastes SETBACKS ON ALL ROADS Notwithstanding any other provisions of this By-law, a building or structure in any zone on a public road allowance which is less than 20.0 metres wide, shall be set back 10.0 metres plus the required minimum front yard for that zone measured from the centre line of the road allowance SETBACK ON NON-NAVIGABLE WATERCOURSES, HAZARD LAND AND MUNICIPAL SURFACE DRAINS Notwithstanding any other provisions of this By-law, a building in any zone shall not be closer than 7.5 metres to the top of the bank of any watercourse, or municipal drainage ditch, permanent or intermittent, which is not navigable. In the case of hazard land, no part of any building shall be constructed closer than 7.5 metres to the nearest point of the area to which the hazardous condition is deemed to exist SPECIAL USES Nothing in this By-law shall prevent the use of land or the use or erection of a building or structure for: (d) a scaffold or other temporary building or structure incidental to construction in progress on premises for which a building permit has been granted, until such time as the work has been finished or abandoned; a sign having an area of not more than 4.5 square metres incidental to construction in progress on premises for which a building permit has been granted, until such time as the work has been finished or abandoned; a carnival, circus or festival or other public gathering, each of which is held not more than twice per year, in the institutional or open space zones; or a farmer's market held not more than two days per week in any zone. Page 16

20 3.31 STREET FRONTAGE REQUIRED No person shall erect any building or structure unless the lot upon which such building or structure is to be erected, except as otherwise specifically permitted in this By-law, has lot frontage upon a street which has been assumed by the municipality, the Province of Ontario or some other road authority, and/or is maintained by such authority in such a manner so as to permit its use by vehicular traffic, provided that a building or structure may be erected upon a lot within a registered plan of subdivision agreement in respect of such plan of subdivision notwithstanding that the streets within such plan of subdivision have not been assumed and are not being maintained by the Municipality STRUCTURES IN WATER No person shall erect, alter or use any structure located in a navigable watercourse except in compliance with the Beds of Navigable Waters Act, R.S.O., 1980, Lakes and Rivers Improvements Act, Navigable Waters Protection Act, Public Lands Act or other applicable Act or legislation as revised or amended from time to time TEMPORARY CONSTRUCTION USES The temporary use of buildings and structures incidental and necessary for lawful construction work will be permitted in all zones, but only for so long as the same are necessary for construction work TRUCK, BUS AND COACH BODIES OR TRAILERS OR TENTS USED FOR HUMAN HABITATION Except as expressly permitted by this By-law, no truck, bus, railroad car, caboose, coach or street car body shall be used for human habitation whether the same is mounted on wheels or not. Except as expressly permitted by this By-law, the use of tents, recreational vehicles and trailers for human habitation is prohibited, provided, however, that this provision shall not prevent the use of tents or trailers for children's play or for picnics or for the occasional accommodation of guests for not more than fourteen days in any residential zone. Page 17

21 3.35 YARD AND OPEN SPACE PROVISION FOR ALL ZONES No part of a yard or other open space required abutting and building for the purpose of complying with the provisions of this By-law shall be included as part of a yard or other open space similarly required for another building SLEEP CABINS OR BUNKIES Sleep cabins shall only be permitted in the Rural or Rural Residential zone, provided that they meeting the following provisions: a. The habitable floor area of the sleep cabin shall not exceed 53.5 m2; b. A maximum of one (1) sleep cabin is permitted per lot; c. Sleep cabins shall not be equipped with kitchen facilities; d. A sleep cabin may be incorporated into a detached garage, provided that the height of the garage is less than 7 m, and; e. A sleep cabin shall not be incorporated into a boat house or any other structure BED AND BREAKFAST ESTABLISHMENT A bed and breakfast establishment shall comply with the following: a. A bed and breakfast shall for part of a single detached dwelling; b. A new bed and breakfast shall meet the provisions of the zone in which it is located; c. A bed and breakfast shall be operated by a live-in owner, with a maximum of four (4) bedrooms, and; d. A bed and breakfast shall not change the residential character of the dwelling SEPTIC SYSTEMS Septic systems shall be located a minimum of 30 metres from the high water mark of a navigable waterway. No building or structure shall be erected on land used for a septic system or within 5 metres of the perimeter of a raised bed, or partially raised bed septic field. Page 18

22 3.39 KENNELS Kennels shall only be permitted in the Rural Zone, and shall comply with the following provisions in additions to those of the Rural R zone: a. The kennel shall comply with all applicable municipal licensing and animal control by-laws; b. The kennel shall not create or become a nuisance by way of noise, odour, fumes or traffic; c. The kennel shall be a minimum distance separation of 150 metres from any residence. Page 19

23 4.0 ZONES 4.1 RESIDENTIAL ZONE 1 (R1) Permitted Uses No land shall be used in the Residential Zone 1 (R1) except for the following purposes: (d) residential uses group homes home industries, home occupations and home professions accessory uses Permitted Buildings And Structures No building or structure shall be used, altered or erected in the Residential Zone 1 (R1) except the following: one single detached dwelling, two-family dwelling, duplex dwelling, semi-detached dwelling or modular dwelling on a permanent foundation on one lot accessory buildings and structures Minimum Lot Area single detached dwellings and modular dwellings 0.4 hectares group homes 0.5 hectares semi-detached dwellings and duplexes and twofamily dwellings 0.5 hectares Minimum Lot Frontage If not adjacent to a watercourse or water body: single detached dwellings and modular dwellings 24.0 metres semi-detached dwellings 15.0 metres per dwelling unit duplexes, two family dwellings and group homes 26.0 metres If adjacent to and abutting a watercourse or waterbody as defined in Section <>: 45.0 metres Page 20

24 4.1.5 Maximum Coverage 40 percent Township of Sioux Narrows-Nestor Falls Maximum Height 2 storeys or 10.5 metres Minimum Floor Area In accordance with Section <> Minimum Front Yard 7.5 metres Minimum Side Yard No one side yard shall be less than 2.0 metres and the aggregate of the two yards shall not be less than 5.0 metres. No side yard shall be required for a semi-detached dwelling along the common vertical wall separating one dwelling unit from an adjoining dwelling unit Minimum Rear Yard 9.0 metres 4.2 RESIDENTIAL ZONE 2 (R2) Permitted Uses No land shall be used in the Residential Zone 2 (R2) except for the following purposes: residential uses home industries, home occupations and home professions accessory uses Permitted Buildings And Structures No building or structure shall be used, altered or erected in the Residential Zone 2 (R2) except the following: (d) (e) (f) boarding houses, rooming houses or tourist homes townhouse dwellings triplex dwellings apartment buildings multiple dwellings accessory buildings and structures Page 21

25 4.2.3 Minimum Lot Area triplex or townhouse or dwelling 1 hectare per dwelling unit apartment building 1 hectare for each of the first four (4) dwelling units and 0.5 hectares for each additional dwelling unit rooming house or tourist home 1 hectare for the first ten (10) rooms capable of being occupied and 0.25 hectares for each additional room thereafter Minimum Lot Frontage 150 metres Maximum Coverage 5 percent Maximum Height 10.5 metres Minimum Floor Area In accordance with Section <> Minimum Front Yard 7.5 metres Minimum Side Yard 3.0 metres or one-half the height, whichever is the greater Page 22

26 4.3 RURAL RESIDENTIAL ZONE (RR) Permitted Uses No land shall be used in the Rural Residential Zone (RR) except for the following purposes: (d) (e) (f) residential uses sleep cabins bed and breakfast establishment group homes home industries, home occupations and professions accessory uses Permitted Buildings and Structures No building or structure shall be used, altered or erected in the Rural Residential Zone (RR) except for the following: one single detached dwelling or one modular dwelling on a permanent foundation on one lot, and one sleep cabin. accessory buildings and structures Minimum Lot Area 0.4 hectares Minimum Lot Frontage 45.0 metres Maximum Coverage 5 percent Maximum Height 10 metres Minimum Floor Area In accordance with Section <> Minimum Front Yard 15 metres, however, in the case of a waterfront lot 20 metres. Where a waterfront lot abuts an unopened road allowance, or shore reserve, then the front yard set-back is reduced to 1 metre Minimum Side Yard 6.0 metres Minimum Rear Yard 9.0 metres Page 23

27 4.4 RURAL ZONE (RU) Permitted Uses No land shall be used in the Rural Zone (RU) except the following purposes: (d) (e) (f) (g) (h) (i) residential uses sleep cabin bed and breakfast establishment mining and mineral exploration forestry recreation cemeteries agriculture accessory uses Permitted Buildings And Structures No building or structure shall be used, erected or altered in the rural Zone (RU) except for the following: (d) one single detached dwelling or one modular dwelling on a permanent foundation on one lot, and one sleep cabin accessory buildings and structures buildings and structures accessory to a recreation use provided these are not for human habitation buildings and structures accessory to an agricultural use provided these are not for human habitation Minimum Lot Area 2.0 hectares Minimum Lot Frontage 90.0 metres Maximum Lot Coverage 5 percent Maximum Height 10.0 metres Minimum Floor Area In accordance with Section <> Minimum Front Yard 15 metres, 15 metres, however, in the case of a waterfront lot 20 metres. Where a waterfront lot abuts an unopened Page 24

28 road allowance, or shore reserve, then the front yard set-back is reduced to 1 metre Minimum Rear Yard 9.0 metres Minimum Side Yard 6.0 metres Page 25

29 4.5 COMMERCIAL ZONE (C1) Permitted Uses No land shall be used in the General Commercial Zone (C1) except for the following purposes: commercial uses residential uses as an accessory use accessory uses Permitted Buildings And Structures No building or structure shall be used, altered or erected in the Commercial Zone (C1) except the following: (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) any building or structure permitted in the Tourist Commercial Zone (C2) any retail or service store or shop not engaged in manufacturing on the premises unless such manufacturing is accessory to the retail business, does not exceed 50% of the floor area and the products manufactured are primarily for sale at retail on the premises a general or professional office a bank a restaurant a hotel or motel a clubroom or private club a theatre a laundry or dry cleaning establishment a barber shop or beauty parlour a bowling alley a billiard or pool room a community centre or assembly hall a post office a tourist home dwellings above or behind a permitted commercial use a bake shop or bakery a gift shop or craft industry a gas bar, service station, public garage, or other establishment for the servicing, or storage and sale of vehicles, trailers or construction machinery and equipment a tourist outfitters establishment a taxi service establishment a Brewer's Retail or Liquor Control Board of Ontario outlet a transportation terminal an undertaking establishment Page 26

30 (y) (z) (aa) a parking lot a printing establishment accessory buildings or structures Minimum Lot Area 0.5 hectares Minimum Lot Frontage 25.0 metres Maximum Coverage 20 percent Maximum Height 15.0 metres Minimum Front Yard 15.0 metres Minimum Side Yard 10.0 metres Minimum Rear Yard 10.0 metres Dwelling Units Minimum floor area shall be in accordance with Section <> Pedestrian access to each dwelling unit, other than an accessory dwelling unit, shall be provided from an adjacent street or lane and shall be for the sole use of the occupant(s) of the said dwelling unit. No commercial building wherein gasoline, petroleum products are handled in quantity toxic or explosive products are handled in quantity shall have accessory dwelling units. Where such dwelling units exist and the use of the commercial establishment changes to use involving the aforementioned products, the said dwelling units shall cease to be occupied as dwelling units Buffer Strip Where a Commercial Zone abuts a Residential, Industrial or Open Space Zone, a buffer strip shall be provided along the abutting lot lines having a minimum width of 2.0 metres in compliance with Section <> of this By-law. Page 27

31 4.6 TOURIST COMMERCIAL ZONE (C2) Permitted Uses Township of Sioux Narrows-Nestor Falls No land shall be used in the Tourist Commercial Zone (C2) except for the following purposes: tourist commercial uses accessory uses a residential use as an accessory use Permitted Buildings And Other Structures (d) (e) (f) (g) (h) (i) (j) (k) No building or structure shall be used, altered or erected in the Tourist Commercial Zone (C2) except the following: a hotel, motel, tourist cabin, resort or tourist commercial establishment an accessory gasoline retail facility in association with the permitted use. a restaurant, tavern and other place for the sale and consumption of food and related items a convenience store a gift shop or craft industry accessory buildings and structures including a dwelling unit or single detached dwelling for the caretaker, owner or manager of any of the permitted uses a bait fish operation and the sale of bait a marina or marine facility an outfitters store park Minimum Lot Area hotel, motel, tourist commercial establishment, 0.8 hectares travel trailer camping area, service station, public garage, restaurant, tavern, buildings with accessory residential uses other uses 0.4 hectares Page 28

32 4.6.4 Minimum Lot Frontage 50 metres Maximum Lot Coverage 50 percent Maximum Height 10.0 metres Minimum Floor Area Township of Sioux Narrows-Nestor Falls commercial use 10.0 square metres accessory dwelling unit 28.0 square metres accessory single detached dwelling 65.0 square metres Minimum Front Yard 20.0 metres Minimum Side Yard 10.0 metres Minimum Rear Yard 10.0 metres Page 29

33 4.7 INDUSTRIAL ZONE (M1) Permitted Uses No land shall be used in the Industrial Zone (M1) except for the following purposes: (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) light manufacturing industries and forestry transportation uses a bulk fuel sales establishment bulk storage facilities a public works yard mining and mineral exploration vehicle and equipment sales and service storage or warehousing service shops servicing and leasing a residential use as an accessory use contractor's establishment public waste disposal sites communications facilities a commercial use as an accessory use airport uses accessory uses Permitted Buildings And Other Structures No building or structure shall be used, altered or erected in the Industrial Zone (M1) except the following: (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) a light industrial workshop a trucking depot and transportation terminal an equipment sales and service establishment a welder's shop a carpenter or joiner's shop a concrete products factory a warehouse or storage facility a forest products processing plant a machine shop a bulk sales facility, including bulk fuel sales a public works yard and associated buildings and structures an animal hospital a contractor's yard an automobile wrecking yard or scrap metal yard a laundry and dry cleaning establishment Page 30

34 (p) (q) (r) (s) (t) (u) a hydro distribution or generating station a sawmill and other buildings related to forestry uses buildings related to mining uses buildings and structures related to communications facilities buildings and structures associated with airport uses accessory buildings and structures including a single detached dwelling or a dwelling unit for one caretaker or one person and his family employed in the manufacturing and industrial operations or uses permitted in this zone Minimum Lot Area 0.8 hectares Minimum Lot Frontage 50.0 metres Maximum Coverage 10 percent Maximum Height 10.0 metres Minimum Floor Area 20.0 square metres Minimum Front Yard 20.0 metres Minimum Side Yard 10.0 metres Minimum Rear Yard 10.0 metres Buffer Strip Where the Industrial Zone (M1) abuts a Residential, Institutional, Open Space or Commercial Zone, a buffer strip is required along abutting lot lines having a minimum width of 2.0 metres in compliance with Section <>of this By-law Automobile Wrecking Yards And Scrap Metal Yards Where land is used for the purpose of an automobile wrecking yard, scrap metal yard or similar use, the storage of derelict automobiles, scrap metal, junk or similar materials shall not be carried out in that part of the land designated herein as the "front yard", "side yard", or "rear yard" and a natural or artificial screen or buffer shall be provided to obscure the subject property from the street on which the lands abut and from any properties to the side or rear of the subject property Page 31

35 4.8 EXTRACTIVE INDUSTRIAL ZONE (M2) Permitted Uses Township of Sioux Narrows-Nestor Falls No land shall be used in the Aggregate Extractive Zone (M2) except for the following purposes: (d) a pit or quarry forestry agriculture accessory uses Permitted Uses Buildings and Other Structures No building or structure shall be used, altered or erected in the Aggregate Extractive Zone (M2) except the following: a building to house weight scales accessory buildings and structures Minimum Lot Area 2.0 hectares Minimum Frontage metres Maximum Coverage 1 percent Maximum Height 25.0 metres Minimum Front Yard 30.0 metres Minimum Side Yard 30.0 metres Minimum Rear Yard 30.0 metres Buffer Strip Where the Aggregate Extractive Zone (M2) abuts a Residential, Institutional or Open Space Zone, a buffer strip is required along abutting lot lines having a minimum width of 6.0 metres in compliance with Section 4.22 of this By-law. Page 32

36 4.9 WASTE DISPOSAL INDUSTRIAL ZONE (M3) Permitted Uses Township of Sioux Narrows-Nestor Falls No land shall be used in the Waste Disposal Zone (WD) except for the following purposes: Solid waste disposal facility Waste processing and transfer facility Septic waste drying bed Permitted Buildings and Structures No building or structure shall be used, altered or erected in the Hazard Land Zone (WD) except docks Permitted Uses Buildings and Other Structures No building or structure shall be used, altered or erected in the Waste Disposal (WD) except the following: (d) (e) a building to house weight scales a building to house solid waste for transfer accessory buildings and structures associated with a solid waste disposal facility operation Minimum Lot Area 8.0 hectares Minimum Frontage metres Maximum Coverage 1 percent Maximum Height 10.0 metres Minimum Front Yard 30.0 metres Minimum Side Yard 30.0 metres Minimum Rear Yard 30.0 metres Buffer Strip Page 33

37 A buffer strip is required along abutting lot lines having a minimum width of 100 metres. Page 34

38 4.10 INSTITUTIONAL ZONE (I) Permitted Uses No land shall be used in the Institutional Zone (I) except for the following purposes: institutional uses accessory uses a residential use as an accessory use Permitted Buildings And Structures No building or structure shall be used, altered or erected in the Institutional Zone (I) except the following: (d) (e) (f) (g) (h) (i) (j) (k) (l) a hospital or clinic a school or other educational institution a church, church hall or religious institution a library, museum or other cultural institution federal, provincial and municipal government offices and works yards a police station or a firehall or fire control building or structure an arena and curling rink a community centre and day care centre a cemetery and mausoleum a dog pound staff houses forming an integral part of any of the above uses which must necessarily be located at the site of the work as an integral part of such activities, provided that such buildings conform to the requirements for buildings of similar use as set out elsewhere in this By-law and are equipped with water and sanitary facilities satisfactory to the authority having jurisdiction accessory buildings and structures Minimum Lot Area.8 hectares Minimum Front Yard 7.5 metres Maximum Coverage 25 percent Maximum Height 15.0 metres Buffer Strip Page 35

39 Where an Institutional Zone abuts a Residential or Open Space Zone, a buffer strip shall be provided along the abutting lot lines having a minimum width of 2.0 metres in compliance with Section <> of this By-law. Page 36

40 4.11 OPEN SPACE ZONE (OS) Permitted Uses No land shall be used in the Open Space Zone (OS) except for the following purposes: public and private parks including playgrounds, picnic facilities, sports fields and facilities, tennis courts, docks and golf courses accessory uses Permitted Buildings And Structures No building or structure shall be used, altered or erected in the Open Space Zone (OS) except the following: buildings and structures for permitted uses docks accessory buildings and structures Maximum Coverage 75 percent Maximum Height 12.0 metres Minimum Front Yard 10.0 metres Minimum Side Yard 10.0 metres Minimum Rear Yard 10.0 metres Page 37