TOWN OF NIAGARA-ON-THE-LAKE COMPREHENSIVE ZONING BY-LAW

Transcription

1 TOWN OF NIAGARA-ON-THE-LAKE COMPREHENSIVE ZONING BY-LAW HYNDE, PAUL ASSOCIATES INCORPORATED PLANNING AND DEVELOPMENT CONSULTANTS 179 King Street, St. Catharines, Ontario L2R 3J5 Phone: (905) Fax: (905)

2 THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE- LAKE ZONING BY-LAW INTRODUCTORY STATEMENT This document is the Town of Niagara-on-the-Lake Comprehensive Zoning By-law No.. The by-law replaces the Town of Niagara-on-the-Lake Zoning By-law 500A-74, as amended, insofar as it applies to the entire municipality identified on Schedules A, A-1' through to A-13' to this By-law unless otherwise specified. The Town of Niagara-on-the-Lake s new Zoning By-law is a precise document used by the Town to regulate the use of land. It states exactly what land uses will be permitted in the Town and provides other detailed information such as: where buildings or structures may be located types of land uses within the municipality standards for lot size, location requirements, parking requirements, building heights and required yards. The Town of Niagara-on-the-Lake Zoning By-law is needed to assist the Municipality to implement the objectives and policies of the Official Plan. The Zoning By-law functions as a legal document under the Planning Act for managing the area of land and future development in the Town of Niagara-on-the-Lake. Zoning By-laws also protect property owners from the development of conflicting land uses. Any use of land or the construction or use of any building or structure not specifically authorized by the By-law is prohibited. The complete text and mapping for the comprehensive Zoning By-law are presented in this document. The following is a brief summary of the contents of the Town of Niagaraon-the-Lake s Zoning By-law: SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: Explains the title given to the entire document and outlines the general scope. Provides details on the scope and effect of this Zoning By-law. Provides guidelines on the administration and enforcement of this Zoning By-law. Provides information on the interpretation of this Zoning By-law. Defines many of the words and terms used in this By-law. i

3 SECTION 6: SECTION 7-12: Describes and explains the general provisions which apply to more than one of the zones in this Zoning By-law. The general provisions cover such matters as: accessory buildings and structures, parking requirements, home occupations, home industries, outdoor patio restaurants, etc. Details specific zoning districts and sets out the permitted uses and regulations for the specific land use zones and site specific zone categories within each zoning district. Schedule A, A-1' - A-12' delineates the location of all zones outlined in Sections ii

4 HOW TO USE THE BY-LAW Community Districts: The Zoning by-law for the Town of Niagara-on-the-Lake contains six (6) Community Zoning Districts: Section 7: Old Town Community Zoning District Section 8: Queenston Community Zoning District Section 9: St. Davids Community Zoning District Section 10: Virgil Community Zoning District Section 11: Glendale Community Zoning District Section 12: Rural Community Zoning District Each Community Zoning District contains a full range of zoning classifications that recognize existing land uses and provides community based regulations to control future building and land uses within the Community, (i.e. Village Commercial (VC) in the St. Davids Community Zoning District). Contextual Zoning: The Old Town Community Zoning District which includes the Dock Area and Chatauqua and the Queenston Community Zoning District contains provisions for contextual zoning. This type of zoning provides a contextual zoning analysis to determine specific regulations for lot size, yards, lot coverages and building heights. Contextual zoning is used to analyze specific regulations, i.e. setbacks, coverage, building height, etc., on a block-by-block basis to establish suitable regulations for new development within the existing built environment of the established neighbourhoods in these Community Zoning Districts. Heritage Zoning Overlay: The Town s Zoning By-law also contains provisions for a Heritage Overlay for the entire Municipality. The regulation for the heritage overlay only applies to: properties designated under Part IV and Part V of the Ontario Heritage Act; the proposed expansion heritage district study area in the Old Town as outlined in Appendix 3 of the Town s Official Plan; and buildings recognized in municipal studies and analysis as having heritage value in the Village of St. Davids. The Heritage Overlay Zoning provides regulations for addition to existing heritage buildings, rear yard setbacks and the rebuilding of heritage buildings that are removed or destroyed. Zone Identification: For each zone, there is a list of permitted uses and a number of standards or regulations such as lot size, frontage, required yards, building height, etc. iii

5 The location of each of these zones is shown on Schedule A, A-1' - A-12'. The specific uses and regulations applicable to each zone are found in the relevant section(s) of the By-Law which bears the same zone name(s). In order to determine the provisions of the By-Law that affect your property, it is suggested that you use the following technique: 1. Locate your property on a Zoning Schedule, the zoning maps immediately following the last page of Section Identify the zone that has been applied to your land (e.g., R1 for Single Detached Residential or VC for Village Commercial). 3. Once you have identified the zone, turn to the appropriate Community Zone District which outlines permitted uses and regulations. For example, if your property is zoned C1, you would turn to the appropriate zoning District and Zone Category to determine the specific permitted uses and regulations affecting your property. The Table of Contents will assist you in locating the appropriate page number. 4. If a zone symbol is followed by a dash and a number (e.g. C1-1) then special provisions apply to such lands. Such provisions are found in the Site Specific Exceptions section of the Community Zoning District. 5. Please note that most of the general provisions contained under Section 6 also affect your property. Care should be taken to review these general provisions as well as the applicable definitions outlined in Section 5. Guidelines outlined in Sections 3 and 4 may also be applicable to your property. The Zoning By-law is only one of many planning tools used to implement the Official Plan. If it is intended to alter the use of a property, alter or erect a building or structure, or alter a lot, you should be aware that it may be necessary to consult other additional legislation or Town by-laws. The following applications, legislation or processes are outlined simply to assist in understanding the scope of potential requirements: 1. Building Permit (Building Code and Zoning By-law compliance); 2. Site Plan Control Approval (detailed plans showing the building envelop and illustrating building massing, height, floor space, yard setbacks, parking, loading, landscaping, etc., which may be implemented through a Site Plan Control Agreement); 3. Consent Approval (alteration of a lot configuration, easement, right-of-way, creation of a single lot, etc.); 4. Subdivision or Condominium Approval (to create multiple lots, to establish new roads or to divide a building into multiple ownerships); 5. Minor Variance (to vary a zone regulation, a general provision or to extend or change a non-conforming use); 6. Zoning Amendment (to amend sections of the Zoning By-law as it relates to a specific property); 7. Official Plan Amendment (to amend the Official Plan as it relates to a specific property or a general policy consideration); 8. Heritage Permit (required if alterations are contemplated for a property designated under Part IV or Part V of the Ontario Heritage Act); and 9. Other Town Permits or Licences. iv

6 The Zoning By-law should be considered in conjunction with all other relevant legislative and Town By-laws. For further information, the Town of Niagara-on-the-Lake Planning Department and/or Building Department should be consulted. v

7 TABLE OF CONTENTS Section Page No. SECTION 1: TITLE, DEFINED AREA AND INTERPRETATION TITLE DEFINED AREA INTERPRETATION...1 SECTION 2: SCOPE AND EFFECT OF THIS BY-LAW...4 SECTION 3: ADMINISTRATION AND ENFORCEMENT ADMINISTRATION AND ENFORCEMENT INSPECTIONS LICENCES AND PERMITS APPLICATION FOR PERMITS CERTIFICATE OF OCCUPANCY OFFENCE ENFORCEMENT REQUESTS FOR AMENDMENTS MINOR VARIANCES...10 SECTION 4: ZONES AND ZONE MAPS ESTABLISHMENT OF ZONES USE OF ZONE SYMBOLS INTERPRETATION OF ZONE BOUNDARIES SITE SPECIFIC EXCEPTIONS HERITAGE ZONE OVERLAY HOLDING ZONES 17 SECTION 5: DEFINITIONS...19 SECTION 6: GENERAL PROVISIONS ACCESSORY BUILDINGS AND STRUCTURES ACCESSORY USES AGRICULTURAL MARKET AGRICULTURAL STANDS AND SEASONAL HOME GROWN PRODUCE STAND AMENITY AREA ANCILLARY AND COMPLEMENTARY USES AUTOMOBILE SERVICE STATION AND AUTOMOBILE GAS BAR BED AND BREAKFAST ESTABLISHMENTS BUFFER STRIP BUILDINGS RECONSTRUCTION, RENOVATION AND RELOCATION BUILDING RECONSTRUCTION, RENOVATION AND RESTORATION OF HISTORICAL BUILDINGS CONTINUATION OF AGRICULTURAL USES COUNTRY INNS DANGEROUS USES ESTATE WINERIES...76 vi

8 6.16 EXISTING LOTS FARM HELP ACCOMMODATION FARM WINERIES OR COTTAGE WINERIES FLOODPROOFING AND EROSION CONTROL GARBAGE AND REFUSE STORAGE GROUP HOMES HEIGHT RESTRICTIONS EXCEPTIONS HEIGHT RESTRICTIONS EXCEPTIONS, NIAGARA DISTRICT AIRPORT HOME INDUSTRIES HOME OCCUPATIONS AND HOME PROFESSIONS LANDSCAPED OPEN SPACE LIGHTING LOADING SPACES LOT DEVELOPMENT REQUIREMENTS NON-CONFORMING USES NON-COMPLYING LOTS, BUILDINGS, OR STRUCTURES NUMBER OF RESIDENTIAL UNITS PER LOT OCCASIONAL USES OCCUPATION OF UNCOMPLETED BUILDINGS OUTDOOR PATIO RESTAURANT OUTDOOR STORAGE PARKING REQUIREMENTS PARKING SPACE REQUIREMENTS PARKING SPACE REQUIREMENTS, ADDITIONAL PROVISIONS PARKING, BICYCLE REQUIREMENTS PARKING, HANDICAP SPACE REQUIREMENTS PARKING, PASSENGER BUS REQUIREMENTS PERMITTED YARD PROJECTIONS AND ENCROACHMENTS PUBLIC STREET FRONTAGE REQUIRED PUBLIC USES RESIDENTIAL UNIT IN CELLAR AND BASEMENT RESIDENTIAL USE IN NON-RESIDENTIAL BUILDING SETBACKS FROM PROVINCIAL HIGHWAYS SETBACK FROM WASTE DISPOSAL SITES SIGHT TRIANGLE SIGNS STRUCTURES IN WATER USES AND ACTIVITIES PROHIBITED IN ALL ZONES USES PERMITTED IN ALL ZONES WATERFRONT DOCKS, PIERS, LANDING PLACES AND PUBLIC BOAT LAUNCH YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES SECTION 7: OLD TOWN COMMUNITY ZONING DISTRICT ESTABLISHED RESIDENTIAL (ER) ZONE RESIDENTIAL (R1) ZONE RESIDENTIAL (R2) ZONE RESIDENTIAL MULTIPLE (RM1) ZONE RESIDENTIAL DEVELOPMENT (RD) ZONE QUEEN PICTON COMMERCIAL (QPC) ZONE vii

9 7.7 GENERAL COMMERCIAL (GC) ZONE MARINE COMMERCIAL (MC) ZONE INSTITUTIONAL (I) ZONE OPEN SPACE (OS) ZONE ENVIRONMENTAL CONSERVATION (EC) ZONE SITE SPECIFIC EXCEPTIONS SECTION 8: QUEENSTON COMMUNITY ZONING DISTRICT ESTABLISHED RESIDENTIAL (ER1) ZONE ESTABLISHED RESIDENTIAL (ER2) ZONE VILLAGE COMMERCIAL (VC) ZONE INSTITUTIONAL (I) ZONE OPEN SPACE (OS) ZONE ENVIRONMENTAL CONSERVATION (EC) ZONE SITE SPECIFIC EXCEPTIONS SECTION 9: ST. DAVIDS COMMUNITY ZONING DISTRICT RESIDENTIAL (R1) ZONE RESIDENTIAL (R2) ZONE RESIDENTIAL (R3) ZONE RESIDENTIAL MULTIPLE (RM1) ZONE RESIDENTIAL MULTIPLE (RM2) ZONE ESTATE RESIDENTIAL (ER) ZONE RESIDENTIAL DEVELOPMENT (RD) ZONE VILLAGE COMMERCIAL (VC) ZONE SERVICE COMMERCIAL (SC) ZONE ENTERPRISE (E) ZONE INSTITUTIONAL (I) ZONE OPEN SPACE (OS) ZONE ENVIRONMENTAL CONSERVATION (EC) ZONE SITE SPECIFIC EXCEPTIONS SECTION 10: VIRGIL COMMUNITY ZONING DISTRICT RESIDENTIAL (R1) ZONE RESIDENTIAL (R2) ZONE RESIDENTIAL (R3) ZONE RESIDENTIAL MULTIPLE (RM1) ZONE RESIDENTIAL MULTIPLE (RM2) ZONE RESIDENTIAL DEVELOPMENT (RD) ZONE VILLAGE COMMERCIAL (VC) ZONE ENTERPRISE (E) ZONE INSTITUTIONAL (I) ZONE OPEN SPACE (OS) ZONE ENVIRONMENTAL CONSERVATION (EC) ZONE SITE SPECIFIC EXCEPTIONS SECTION 11: GLENDALE COMMUNITY ZONING DISTRICT ESTABLISHED RESIDENTIAL (ER2) ZONE ENTERPRISE INTERCHANGE (E1) ZONE ENTERPRISE (E2) ZONE INSTITUTIONAL (I) ZONE viii

10 11.5 OPEN SPACE (OS) ZONE ENVIRONMENTAL CONSERVATION (EC) ZONE SITE SPECIFIC EXCEPTIONS SECTION 12: RURAL COMMUNITY ZONING DISTRICT AGRICULTURAL (A) ZONE AGRICULTURAL PURPOSES ONLY (APO) ZONE RURAL SERVICE COMMERCIAL (RSC) ZONE AIRPORT ZONES EXTRACTIVE INDUSTRIAL (EI) ZONE OPEN SPACE (OS) ZONE ENVIRONMENTAL CONSERVATION (EC) ZONE SITE SPECIFIC EXCEPTIONS ZONE SCHEDULES APPENDICES ILLUSTRATIONS AND METRIC/IMPERIAL CONVERSION TABLE ix

11 SECTION 1 TITLE, DEFINED AREA AND INTERPRETATION

12 THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE- LAKE BY-LAW NUMBER Being a By-law to regulate the use of lands and the erection, use, bulk, height, location and spacing of buildings and structures within the Town of Niagara-on-the-Lake. Whereas, the Planning Act, as amended, provides that the council of a local municipality may pass by-laws for prohibiting the use of land and for prohibiting the erection, location or use of buildings and structures for or except for such purposes as may be set out in the by-law and for regulating the use of lands and the character, location and use of buildings and structures; Now therefore the council of the Corporation of the Town of Niagara-on-the-Lake hereby enacts as follows: SECTION 1: TITLE, DEFINED AREA AND INTERPRETATION 1.1 TITLE This By-law shall be known as The Zoning By-law of the Corporation of the Town of Niagara-on-the-Lake. 1.2 DEFINED AREA This By-law applies to all land within the boundaries of the Corporation of the Town of Niagara-on-the-Lake, except lands subject to a Development Permit of the Niagara Escarpment Commission pursuant to the Niagara Escarpment Planning and Development Act and regulations thereto. These lands are identified as areas of Development Control on the zoning schedules. Within these areas, the Niagara Escarpment Development control regulations determine the development provisions and land use restrictions. These regulations shall be adhered to prior to the commencement of any development. 1.3 INTERPRETATION For the purpose of this By-law, the definitions and interpretations given herein shall govern. In their interpretation and application, the provisions of this By-law shall be held to be the minimum requirements, except when expressly stated otherwise, adopted for the promotion of public health, safety, convenience or general welfare. Every use of land, building and structure in the defined area shall conform to the relevant zone provisions and any other relevant applicable provision or requirement contained herein. Whenever two or more provisions or requirements of this By-law are at variance, one to the other, the more restrictive shall apply except where specifically stated otherwise.

13 1.3.2 For the purpose of this By-law: a) Words used in the present tense shall be deemed to include the future tense; b) Unless otherwise specified herein, words used in the singular shall be deemed to include the plural and words used in the plural shall be deemed to include the singular; c) The words use, used or occupy shall be deemed to include the words intended, arranged or designed for use or occupancy or intended arranged or designed to be used or occupied or intend, arrange or deemed for use or occupancy ; d) The words shall and will are mandatory; and e) The word may is permissive Minimum and/or Maximum Requirements The provisions of this By-law shall be held to be the minimum requirements, unless the word maximum is used, in which case the maximum requirement shall apply. If both a minimum and a maximum requirement is specified then both requirements shall apply Metric Conversion Clause All imperial measurements converted to metric and all figures submitted in metric but with three or more decimal places shall be rounded to one decimal place to determine by-law compliance Imperial Measurements Imperial measurements in this By-law are provided for convenience only and do not form part of this By-law Examples and Illustrations Examples and illustrations are for the purpose of clarification and convenience and do not form part of this By-law. Page 2 of 2

14 SECTION 2 SCOPE AND EFFECT OF THIS BY-LAW Page 3 of 3

15 SECTION 2: SCOPE AND EFFECT OF THIS BY-LAW 2.1 Within the defined area no person shall cause any land to be used or any building or structure to be located, used, altered or erected, in whole or in part, except in conformity with the provisions contained herein. 2.2 No lot shall be created if the effect of such creation causes any lot, building or structure to contravene any provision contained herein. 2.3 Notwithstanding the provisions of subsection 2.2 above, where a portion of a parcel of land is acquired by the Town, the Region, the Province of Ontario or Dominion of Canada and the effect of such acquisition is to make the remaining parcel of land, building or structures either non-conforming or further non-conforming in regard to the lot frontage, lot area, yard setback, or lot coverage provisions contained herein, the said remaining parcel of land shall: a) In the case of a parcel of land, building or structure made non-conforming, be deemed to conform to the provisions which were made non-conforming by said acquisition; or b) In the case of a parcel of land, building or structure made further non-conforming, be deemed to be non-conforming only to the extent of the non-conformity, which existed prior to the said acquisition. 2.4 Where any setback or separation distance contained herein is required for the location of uses, buildings or structures, such setbacks or separation distance shall also be required from uses, buildings or structures in adjacent Municipalities. 2.5 If a decision of a court of competent jurisdiction declares that one or more of the provisions of this By-law, including anything contained in the Zoning Maps are invalid then that judgement shall not affect the validity of the remaining portions of this By-law which shall remain in full force and affect until repealed. 2.6 All previously enacted by-laws passed pursuant to Section 34 of the Planning Act, as amended, or a predecessor thereof, are hereby repealed insofar as they apply to the areas included within the boundaries of the Town of Niagara-on-the-Lake shown on Schedules A1-A12, which forms part of this By-law, unless otherwise specified in the text of this By-law. 2.7 This By-law shall not be interpreted so as to reduce or mitigate any other by-law, regulation, or restriction lawfully imposed by this Corporation or any other governmental authority having jurisdiction to do so. Page 4 of 4

16 2.8 Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of any by-law of the Town in force from time to time or the obligation to obtain any licence, permit, authority or approval required under any by-law of the Town. 2.9 In the event of a conflict between this By-law and any general or special Town By-law, this By-law, as amended from time to time, shall prevail No other by-law, regulation or Act shall be interpreted so as to reduce or mitigate any requirement of this By-law, unless, the other by-law, regulation or Act was specifically intended to affect zoning and the governmental authority responsible for the by-law, regulation or Act has the jurisdiction to do so This By-law shall come into force and take effect on its passing, provided no Notice of Appeal is filed to this By-law, all in accordance with the provisions of Section 34, Subsections 19 and 30 of the Planning Act, as amended; and where one or more appeals have been filed within the time period specified, at the conclusion of which, the provisions of Section 34, Subsections 19 and 30 of the Planning Act, as amended, apply and the By-law shall be deemed to have come into force and take effect on the day it was passed. Page 5 of 5

17 SECTION 3 ADMINISTRATION AND ENFORCEMENT Page 6 of 6

18 SECTION 3: ADMINISTRATION AND ENFORCEMENT 3.1 ADMINISTRATION AND ENFORCEMENT This By-law shall be administered by the Director of Planning and Development Services or his/her designate, and enforced by the By-law Enforcement Officer and any other employee of the Town as Council appoints from time to time. 3.2 INSPECTIONS Where the By-law Enforcement Officer(s), or any official or employee of the Town acting under direction, believes on reasonable grounds that this By-law may have been contravened, the By-law Enforcement Officer, or any person under direction, shall at all reasonable times and upon producing proper identification, be permitted to enter on or in and inspect any land, building, or structure in respect of which it is believed that the contravention may be occurring. 3.3 LICENCES AND PERMITS No permit, certificate or licence shall be issued where the said permit, certificate or licence is required for a proposed use of land or a proposed erection, alteration, enlargement or use of a building or use of any land building or structure that is known to be in violation of any provision of this By-law. Determination that a permit, certificate or licence has been issued for a use of building or structure, or addition, alteration or enlargement thereto which does not conform to any provision contained herein shall result in said permit certificate or licence being revoked or withdrawn. It shall be the duty of the Chief Building Official or designate to make the necessary inspection and to certify all building permits. It shall be unlawful for any person, persons, or Corporation to use or to permit the use of any building or part of a building or structure erected, altered, enlarged or renovated after the passage of this By-law until a building permit has been properly issued and certified by the Chief Building Official or designate. The Niagara Parks Commission is responsible for giving approvals and issuing permits for signs, docks, structures in water and accesses within the Niagara River Parkway as identified in the Niagara Parks Act. Agricultural markets, seasonal produce stands, bed and breakfast establishment, country Inns, home industries, home occupations, home professions, estate wineries, farm or cottage wineries, single detached residential dwellings located along the Niagara River Parkway will require Niagara Parks Commission approval for access and signage. Page 7 of 7

19 3.4 APPLICATION FOR PERMITS Where necessary for the purpose of clarity, in addition to all of the requirements of the Building Code or any other applicable by-law of the Town of Niagara-on-the-Lake or regulations of other agencies, each application for a Building Permit may be required to be accompanied by: a) statement signed by the applicant, disclosing the existing use and use proposed for each building or structure to be located on the lot, together with any other information that might be deemed to be necessary to determine if such proposal conforms to the provisions and regulations of this and other by-laws of the Town of Niagara-on-the-Lake; and b) plans drawn to scale and showing the following: i) The true dimensions of the lot to be built upon or otherwise used. ii) iii) iv) The proposed location, height and dimensions of any buildings or structures proposed to be located or altered on the lot. The location and dimensions of all yards, landscaped open space, amenity areas, off-street parking spaces, or off-street loading facilities to be provided. The location of all existing buildings or structures on the lot. v) The intended use of the building or structure and the intended use and treatment of all areas on the lot outside of the buildings and structures. vi) vii) viii) ix) Floor plans, building sections, elevations, and all other details that are required to clearly indicate that the building, when completed, will comply in every way with this and other by-laws of the Town of Niagara-on-the- Lake. Existing contours of the lot and proposed contours, if any change in site elevation is contemplated. Information relative to landscaping, curbing, drainage, retaining walls and any other similar physical features, existing or proposed to be included. All parking spaces, with dimensions, along with entrances and exits, where facilities for off-street parking are required in any zone for a use, building or structure. x) The lot area above the high water mark of a waterbody as provided by the appropriate agency. Page 8 of 8

20 3.5 CERTIFICATE OF OCCUPANCY A Certificate of Occupancy may be required as a condition of site plan approval or prior to any change in use or occupancy of any building or lot subject to this By-law. Issuance of such certificates shall be the responsibility of the Chief Building Official, and may only be issued where the change in use or occupancy is in compliance with the provisions of this By-law. 3.6 OFFENCE No person shall occupy any lot, building, or structure, or permit the use of any lot, building, or structure, except in compliance with the provisions of this By-law. It shall be an offence for any person to use any lot, building, or structure within any Zone Classification except in compliance with the permitted uses and regulations established by this By-law. 3.7 ENFORCEMENT Penalties Every person who contravenes this By-law is guilty of an offence, and on conviction is liable: a) on a first conviction, to a fine of not more than $25,000.00; and b) 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. Every corporation that contravenes the By-law is guilty of an offence, and upon conviction is liable: a) on a first conviction, to a fine of not more than $50,000.00; and, b) on a subsequent conviction to a fine of not more than $25, for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. In addition to any other remedy or any penalty provided by law, the court in which a conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of an offence. Page 9 of 9

21 3.7.2 Remedial Action Where any matter or thing is required to be done by a person or corporation under the provisions of this By-law, Council may direct that in default of it being done by said person or corporation, such matter or thing may be done by the Town at the sole expense of the person or corporation and the expenses thereof with interest may be recovered by the Town in accordance with the provisions of the Municipal Act, given appropriate notice Previous Violations No building or structure illegally erected, no use illegally established and no lot illegally created prior to the date of passing of this By-law shall become legal solely by reason of the passing of this By-law. Where such building, structure, use or lot is in conflict with one or more provisions of this By-law, such activity will remain illegal and shall not be deemed to be legal in this By-law, except where specifically provided for. 3.8 REQUESTS FOR AMENDMENTS Every request for an amendment to this By-law shall be accompanied by fully completed copies of the appropriate application form provided by the Town, by such application fee as may be established from time to time by Council, and by such information as required by the Official Plan and/or the Planning Act. 3.9 MINOR VARIANCES An application can be made to obtain a minor variance from the provisions of this By-law in accordance with the Planning Act, as amended. The appropriate application form shall be provided by the Town and such application form shall be completed by the applicant and submitted with such application fee as may be established from time to time by Council. Page 10 of 10

22 SECTION 4 ZONES AND ZONE MAPS Page 11 of 11

23 SECTION 4: ZONES AND ZONE MAPS 4.1 ESTABLISHMENT OF ZONES For the purpose of this By-law, the maps hereto attached as Schedule A, A-1' through A-13' shall be referred to as the "Zoning Maps" for the Town of Niagara-on-the-Lake and the said zoning maps shall be divided into the following Zoning Districts and Zones: Old Town Community Zoning District: Established Residential (ER) Zone Residential (R1) Zone Residential (R2) Zone Residential Multiple (RM1) Zone Residential Development (RD) Zone Queen Picton Commercial (QPC) Zone General Commercial (GC)Zone Marine Commercial (MC) Zone Institutional (I) Zone Open Space (OS) Zone Environmental Conservation (EC) Zone Holding Zone Queenston Community Zoning District: Established Residential (ER1) Zone Established Residential (ER2) Zone Residential (R1) Zone Residential (R2) Zone Residential Multiple (RM1) Zone Village Commercial (VC)Zone Institutional (I) Zone Open Space (OS) Zone Environmental Conservation (EC) Zone Holding Zone St. Davids Community Zoning District: Residential (R1) Zone Residential (R2) Zone ER R1 R2 RM1 RD QPC GC MC I OS EC H ER1 ER2 R1 R2 RM1 VC I OS EC H R1 R2 Page 12 of 12

24 Residential (R3) Zone Residential Multiple (RM1) Zone Residential Multiple (RM2) Zone Estate Residential (ER)Zone Residential Development (RD) Zone Village Commercial (VC) Zone Service Commercial (SC)Zone Enterprise (E) Zone Institutional (I) Zone Open Space (OS) Zone Environmental Conservation (EC) Zone Holding Zone Virgil Community Zoning District: Residential (R1) Zone Residential (R2) Zone Residential Multiple (RM1) Zone Residential Multiple (RM2) Zone Residential Development (RD)Zone Village Commercial (VC)Zone Enterprise (E) Zone Institutional (I) Zone Open Space (OS) Zone Environmental Conservation (EC) Zone Holding Zone R3 RM1 RM2 ER RD VC SC E I OS EC H R1 R2 RM1 RM2 RD VC E I OS EC H Glendale Community District Zone: Established Residential (ER2) Zone Enterprise Interchange (EI) Zone Enterprise (E2)Zone Institutional (I) Zone Open Space (OS) Zone Environmental Conservation (EC) Zone Holding Zone ER2 EI E2 I OS EC H Page 13 of 13

25 Rural Zoning District: Agricultural (A) Zone Agricultural Purposes Only (APO) Zone Rural Service Commercial (RSC)Zone Airport Zones Airport Runway Zone Airport Airside Commercial Zone Extractive Industrial (EI) Zone Open Space (OS) Zone Environmental Conservation (EC) Zone Holding Zone A APO RSC AR AC EI OS EC H 4.2 USE OF ZONE SYMBOLS The symbols listed in Section 4.1 shall be used to refer to land, buildings and structures and uses thereof permitted by this By-law in the said zones, and wherever in this By-law the word "Zone" is used preceded by any of the said symbols, such zones shall mean any area within the Town of Niagara-on-the-Lake delineated on the zoning maps and designated therein by the said symbol. 4.3 INTERPRETATION OF ZONE BOUNDARIES Where any uncertainty exists as to the location of the boundary of any of the said zones, as shown on the zoning maps, the following shall apply: a) Unless otherwise shown, the boundary of the zones as shown on the zoning maps and the centre lines of the road allowance or lot lines and the projection thereof; b) Where zone boundaries are indicated as approximately following lot lines shown on a plan of subdivision, such lot lines shall be deemed to be the said boundary; c) Where zone boundaries are indicated as approximately parallel to the line of any road and the distance from such road is not indicated, such zone boundaries shall be construed as being parallel to such road and the distance there from shall be determined by the use of the scale shown on the zoning maps; d) Unless otherwise indicated, a road, lane, or watercourse included on the zoning maps, is included within the zone of the adjoining property on either side thereof; and where such road, lane, right-of-way or watercourse serves as a boundary between two or more different zones, a line midway in such road, lane, right-ofway or watercourse and extending in the general direction of the long division Page 14 of 14

26 thereof is considered the boundary between zones, unless specifically indicated otherwise; e) In the event a dedicated road, lane or right-of-way shown on the zone maps is closed, the property formerly in said road lane or right-of-way shall be included within the zone of the adjoining property or either side of the said closed road lane right-of-way and the zone boundary shall be the former centre line of the closed road, lane or right-of-way; f) Where any zone boundary is left uncertain after application of the preceding provisions, then the boundary line shall be determined according to the scale on the zoning maps in the office of the Director of Planning and Development Services; and g) Wherever it occurs, the municipal limit of the Town of Niagara-on-the-Lake is the boundary of the zone adjacent to it. h) Where any zone abuts on E.C. Environmental Conservation Zone, the limit of the E.C. Zone boundary shall be determined by the Town on consultation with the Niagara Peninsula Conservation Authority. It is understood that open completion of more comprehensive mapping by the Niagara Peninsula Conservation Authority to more accurately identify the Environmental Conservation boundary, the land use schedules will be amended pursuant 4.4 SITE SPECIFIC EXCEPTIONS Whenever lands on any Zoning Schedule have the zone symbol followed directly by a dash (-) and a number, i.e. VC-1, such lands shall be considered to have a Site Specific Exception number and to have referenced to a zone category. The said lands shall be subject to the provisions of the relevant zone category and all other provisions contained herein, and in addition, shall be subject to any special provisions provided for within the relevant special provision subsection of the relevant zone category. 4.5 HERITAGE ZONE OVERLAY This comprehensive zoning by-law includes a heritage zone overlay to ensure that the development of heritage resources and the development of properties adjacent to heritage resources achieves the objective of Section 18, Heritage Conservation, of the Official Plan. Page 15 of 15

27 4.5.2 The provisions of the heritage overlay shall apply to: a) buildings designated under Part IV of the Ontario Heritage Act; b) buildings and lots located within a district designated under Part V of the Ontario Heritage Act; c) buildings located within the proposed heritage district expansion area in the Old Town Community Zoning District; and d) buildings recognized in municipal studies and analysis as having heritage value located in the Village of St. Davids Provisions a) Rebuilding of Heritage Buildings: Where a building in an area to which a heritage overlay applies is removed or destroyed it must be rebuilt with natural materials of either stone, brick, wood or stucco on masonry and to the same height, bulk, size, and in the same location as existed prior to its removal or destruction. b) Buildings Additions: Despite the provisions of the underlying zone, an addition to a building in an area to which a heritage overlay applies is permitted only if: i) It is located entirely within the rear yard, or in the interior yard abutting the rear yard; ii) the height of the walls and the height and slope of the roof do not exceed those of the building; iii) the side yard setback of the addition is at least 30 cm. greater than that of the building. c) An addition to a building in an area to which a heritage overlay applies must comply with the rear yard setback of the underlying zone. d) Despite subsection (c) above, where a building in an area to which a heritage overlay applies has a non-complying rear yard setback, the addition may be built to that rear yard setback. e) Subsection (d) above does not apply unless the rear yard setback is at least 3.0 metres. Page 16 of 16

28 4.5.4 Use f) Building projections are not permitted into the front or side yard in an area to which a heritage overlay applies. The heritage overlay provisions do not apply to the use of a building, and, instead the permitted use provision of the underlying zone shall apply to the use Parking 4.6 HOLDING ZONES Parking is not permitted in the required front yard and in the required exterior side yard for a use of a building: a) that is designated under Part IV of the Ontario Heritage Act. b) that is located in a heritage district designated under Part V of the Ontario Heritage Act. Holding zones are hereby established by the use of the symbol (H) as a suffix to the zone symbols in subsection 4.1. Land subject to the symbol (H) shall not be used, nor any building or structure used, altered or erected until the (H) is removed by amendment. This provision shall not prevent continuation of uses existing at the time of establishment of the (H) symbol on said lands. Page 17 of 17

29 SECTION 5 DEFINITIONS Page 18 of 18

30 SECTION 5: DEFINITIONS 5.1 ABANDONED means the failure, in the opinion of the Chief Building Official, to proceed expeditiously with construction work or to undertake construction work during any continuous 12 month period. 5.2 ABANDONED USE or DISCONTINUED USE means a use of land that has ceased to exist for a period of 12 months. 5.3 ACCESSORY BUILDING or STRUCTURE means a detached building or structure on the same lot as the main building, the use of which is clearly secondary to the main building or use and includes a detached garage, detached deck, gazebo, private greenhouse, dock, boat house above ground swimming pool, inground swimming pool and satellite dishes greater than 1.2 metres in circumference. The accessory building or structure shall not be used for human habitation except for a guest cabin where specifically permitted as an accessory building or trailer located in the Agricultural (A) Zone which is licensed by the Municipality. 5.4 ACCESSORY USE means a use incidental to the main use and located on the same lot. 5.5 ADULT ENTERTAINMENT PARLOUR means any premises, or part thereof, in which the business carried on is provided in pursuance of a trade, calling, business or occupation appealing to or designed to appeal to erotic or sexual appetites or inclinations. 5.6 ADULT ENTERTAINMENT STORE means any premises, or part thereof, in which the business carried on is provided in pursuance of the sale or rental of goods appealing to or designed to appeal to erotic or sexual appetites or inclinations. 5.7 AGGREGATE PIT means a place where unconsolidated gravel, stone, sand, earth, clay, fill, material or other material is being or has been removed by means of an open excavation, and includes the processing thereof for commercial purposes including screening, sorting, washing, crushing operations, stockpiling, together with required buildings and structures, but does not include a wayside pit. 5.8 AGRICULTURAL EDUCATION AREA means a building or part of a building dedicated solely to the purpose of providing educational presentations in association with farm tours and other agriculturally related uses provided on site, where baked goods and nonalcoholic beverages may be offered. Page 19 of 19

31 5.9 AGRICULTURAL MARKET means a building used for the retail sale of fresh fruit and vegetables, processed fruit and vegetables, including frozen fruit, nuts, honey, maple syrup products, flowers, plants and bedding plants that are primarily domestic in origin. The retail sale of dairy products, hand crafted products and baked goods baked on the premises is permitted provided the same are accessory to the products described above. The sale of clothing, meat, frozen foods, paper products, coffee, housewares, breakfast cereals, tobacco products, magazines, newspapers, soap, detergents, pharmaceutical products, lottery tickets is prohibited AGRICULTURAL STAND or SEASONAL HOME GROWN PRODUCE STAND means an accessory building or structure to an agricultural use comprising a maximum area of 18.5 square metres where produce of fresh fruit, vegetables, flowers, plants and bedding plants that are primarily grown or produced by the principal agricultural use of the property, are offered or kept for sale on a seasonal basis AGRICULTURAL USE or FARM means the cultivation of land for the production of fruit or vegetable crops, trees or grain and the selling, packing, storage of such products on the premises, and the breeding, raising and care of livestock and the sale of such livestock or the product of such livestock but shall not include the butchering and rendering of animals raised on the premises, and includes animal husbandry, dairying, and the raising and harvesting of field, bush or tree crops, market gardening, nurseries, poultry operations, turkey or other fowl, fur bearing animals, bee-keeping, vineyards, greenhouses, and bait fish culture and harvesting and includes an agricultural dwelling and accessory buildings, including accessory buildings for the accommodation of seasonal agricultural workers. The Minimum Distance Separation I and II criteria apply to certain types of agricultural uses, i.e. livestock and poultry operations AIRPORT or AIRCRAFT LANDING AREA means a use of land, including water, runway, or other facility designed, used or intended to be used, either public or by any persons or persons, for the landing or taking off of aircraft, including all necessary taxiways, aircraft storage, tie-down areas, hangers and other necessary buildings, structures and open areas ALTER shall mean: a) when used in reference to a building or structure or part thereof, shall mean to change any one or more of the external dimensions of such building or structure, or to make any change in the supporting members to the type of construction of the exterior walls or roof thereof or to make internal changes; b) when used in reference to a lot, shall mean to change the area, frontage or depth thereof; to change the width, depth or area of any required yard, landscaped open space or parking area; or to change the location of any boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance or alienation of any portion of such lot or otherwise; or Page 20 of 20

32 c) when used in reference to use, shall mean to discontinue and replace the use with a use which is defined herein as being distinct from the discontinued use. The words altered and alteration shall have a corresponding meaning AMENITY AREA means the area situated within the boundaries of any residential development site intended for recreational purposes, and may include landscaped open space, patios, private amenity areas, balconies, communal lounges, swimming pools, children s play areas, but does not include any area occupied at grade by a building s service areas, parking areas, parking aisles, or driveways AMUSEMENT ARCADE means a commercial establishment, used for the provision of three or more indoor entertainment and amusement activities such as coin-operated machines, devices, and games of skill or chance, exhibits and displays, including the sale of souvenirs, food and beverages, but shall not include premises licensed under the Liquor License Act AMUSEMENT PARK means an establishment for the commercial operation of a recreational, entertainment or amusement complex including a variety of facilities such as, miniature golf course, driving range, amusement rides, water sports, and an amusement arcade ANCILLARY USE or COMPLEMENTARY USE means a use that is subordinate to, and complements the principal use and located within the main building ANIMAL HOSPITAL see VETERINARY CLINIC 5.19 ANIMAL SHELTER means a building or portion thereof where small domestic animals/pets, birds, livestock or farm animals are given temporary shelter, where minor treatment is given, and includes a public pound and crematorium, but does not include any establishment engaged primarily in the retail sale of animals or in the breeding or training of animals for gain or profit ANTIQUE SALES STORE means a building or part thereof used for the sale of any old and authentic objects of personal property which was made, fabricated or manufactured 60 or more years earlier and which has a unique appeal and enhanced value mainly because of its age, and in addition, may include the sale of any article of personal property which was made, fabricated or manufactured 20 or more years earlier and because of public demand has attained value in a recognized commercial market which is in excess of its original value APARTMENT BUILDING means a building containing 4 or more dwelling units which have one or more common entrances from street level and are served by a common corridor, and the occupants of the units have the right to use in common the corridors, stairs, elevators, yards or parking areas. Page 21 of 21

33 5.22 APARTMENT DWELLING see DWELLING, APARTMENT 5.23 ARENA means a building or structure, or part thereof, where facilities are provided primarily for athletic, artistic, circus, entertainment, or recreation programs, activities, performances, or events ART GALLERY means a commercial establishment where works of art, such as paintings, sculpture, pottery, glass and weaving, are displayed for public viewing and sale ARTIST STUDIO or PHOTO STUDIO means a commercial establishment used as the workplace of an artist, photographer, or craftsperson including the sale of artifacts or products produced in the studio only as an accessory use but does not include facilities for human habitation ASSEMBLY HALL means a building or part thereof, in which facilities are provided for such purposes as meetings for civic, educational, political, recreational, religious or social purposes, and without limiting the generality and foregoing, may include such facilities as an banquet hall, community centre or private club ATTACHED means a building or structure otherwise complete in itself, which depends, for structural support or complete enclosure, upon a division wall or walls shared in common with adjacent building or buildings ATTIC means that portion of a building immediately below the roof and wholly or partly within the roof framing. Refer to illustrations contained in Appendix AUCTION CENTRE means a building, or part thereof, where the principal use is for the retail sale of articles or goods to members of the public bidding the highest offer for the article or goods during the sale proceedings AUDITORIUM or PUBLIC HALL means a building or structure, or part thereof, where facilities are provided for public assembly, in connection with athletic, civic, educational, recreational, political, religious, or social events and may include an assembly hall AUTOMOBILE BODY REPAIR SHOP means an establishment for the repair of damage to a vehicle caused by collision, accident, corrosion, or age, and, without limiting the generality of the foregoing, includes the reconstruction of vehicles and the painting or repainting of vehicles, but shall not include any other automobile use defined in this Bylaw. Page 22 of 22

34 5.32 AUTOMOBILE GAS BAR or GAS BAR means one or more pump islands, and shelter having a floor area of no more than 9.29 square metres, excluding washrooms which may be used for the sale of motor fuels and small accessories required for the operation of vehicles but shall not include facilities for the repair or maintenance of vehicles. The sale of propane shall be considered an accessory use AUTOMOBILE PARTS AND ACCESSORIES SALES means a commercial establishment used for the purpose of retail and wholesale sales of equipment and parts used to repair, service or customize vehicles, but shall not include any installations or repairs AUTOMOBILE RENTAL ESTABLISHMENT means a premises where vehicles are stored and rented to the public AUTOMOBILE REPAIR GARAGE means a building or part thereof used for the repair or replacement of parts in a motor vehicle and, without limiting the generality of the foregoing includes the repair, replacement or reconditioning of mufflers, exhaust systems, shock absorbers, transmissions, gears, brakes, clutch assemblies, steering assemblies, radiators, heating or cooling systems, ignition systems, electrical systems, tires or wheels, windshields, windows and other mechanical or electrical parts or systems, the installation of undercoating, engine tuning, lubrication and engine conversion or replacement, but does not include an automobile body repair shop, an automobile service station or gas bar AUTOMOBILE SALES ESTABLISHMENT or MOTOR VEHICLE SALES OUTLET means a commercial establishment used for the display and sale of new or used vehicles and may include the servicing and repair of vehicles, automobile body repair, the sale of automobile parts and accessories and related products and the leasing or renting of vehicles AUTOMOBILE SERVICE STATION or MOTOR VEHICLE SERVICE ESTABLISHMENT means a building or part thereof, or lot used primarily for the retail sale of gasoline, lubrication oils, diesel fuel and propane for motor vehicles and may include the sale of automobile accessories, tires, spark plugs, batteries, electric light bulbs, antifreeze, and the servicing and repair essential to the operation of motor vehicles, and may include a car washing establishment, but does not include an automobile repair garage or gas bar AUTOMOBILE SPECIALTY REPAIR SHOP means a commercial establishment which provides specialized maintenance or repair service for licensed vehicles, usually limited to one aspect of automobile repair such as: transmission establishments, muffler shops, alignment shops, rust proofing establishments, auto-glass repair shops, tire sales and installation, braking system service, including the sale of the required components, but shall not include automobile body shops, automotive machine shops or automobile general repair establishments. Page 23 of 23