COMPREHENSIVE ZONING BY-LAW. July 2009

Transcription

1 COMPREHENSIVE ZONING BY-LAW July 2009 T H E C O R P O R A T I O N O F T H E T O W N O F N I A G A R A - O N - T H E - L A K E

2 How To Use This By-Law THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE FINAL DRAFT ZONING BY-LAW INTRODUCTORY STATEMENT This document is the Town of Niagara-on-the-Lake s Comprehensive Zoning By-law No This By-law amends Zoning By-law 500A-74, as amended, insofar as it applies to the entire municipality. The exceptions are: 1. The Glendale Community Zoning District; 2. The Agricultural Community Zoning District; and, 3. Lands covered by Development Permit Control by the Niagara Escarpment Commission In these regards, the provisions of Zoning By-law 500A-74, as amended, continue to apply to the Glendale Community Zoning District and the Agricultural Community Zoning District only. 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: 1. Where buildings or structures may be located; 2. Types of land uses within the municipality; and 3. Standards for lot sizes, location requirements, parking requirements, building heights and required yard setbacks. 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 Ontario Planning Act, as amended, for managing the area of land and guiding 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. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page ii

3 How To Use This By-Law The complete text and mapping for the comprehensive Zoning By-law are presented in this document. The rural area mapping is based on a review of the 2006 aerial photography and site visits. The following is a brief summary of the contents of the Town of Niagara-on-the-Lake s Zoning By-law: SECTION 1: Explains the title given to the entire document and outlines its general scope. SECTION 2: Provides details on the scope and effect of this Zoning By-law. SECTION 3: Provides guidelines on the administration and enforcement of this Zoning By-law. SECTION 4: Provides information on the interpretation of this Zoning By-law. SECTION 5: Defines many of the words and terms used in this By-law. SECTION 6: 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. SECTION 7-12: 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-1' - A-25' delineates the location of all zones outlined in Sections With the exception of Glendale, By-Law No applies only to the urban areas of the Town. This means that of the entire map schedules, only the following will apply to this By-Law: 1. Schedule A-1 A-3 regarding the Old Town; 2. Schedule A-14 and * A-9 regarding Virgil; 3. Schedule * A-25 regarding Queenston; and 4. Schedule A-23 regarding St. Davids. Note: * Denotes that the identified schedule covers more than one community zoning district. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page iii

4 How To Use This By-Law HOW TO USE THIS 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: Agricultural 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: Contextual zoning provides zoning regulations for lot size, setbacks, coverage and building height on a block-by-block basis, so that new development will fit within the context of its location. Contextual Zoning applies to parts of the Old Town and Queenston Community Zoning Districts. Environmental Conservation Zone Overlay: The Town s Zoning By-law also contains provisions for an Environmental Conservation Zone Overlay for the urban areas of the Town. The Environmental Conservation Zone Overlay provides regulations in the underlying zone-category, including permitted uses, and setbacks from each natural feature as listed. For each natural feature, there is a list of permitted uses within the feature and a list of permitted uses adjacent to the feature, along with a number of regulations. These include minimum setbacks, as well as the provision for a potential environmental impact study (EIS) which are required to determine the effect of development on the natural feature. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page iv

5 How To Use This By-Law Environmental Conservation (EC) Zone: The Town s Zoning By-law also contains provisions for an Environmental Conservation (EC) Zone within the agricultural areas of the Town. The Environmental Conservation (EC) Zone provides regulations for new development proposals and additions to existing development, as well as mandates new setback requirements from each natural or man made feature as listed. Environmental Impact Study (EIS): The Town s Zoning By-law also contains provisions for the requirement of a potential environmental impact study for the lands which falls within the Environmental Conservation Zone Overlay. The requirement for an EIS only applies to proposed new development and proposed expansions to existing development that are within or adjacent to a natural or man made feature. The requirement for an EIS is specified in the individual zone provisions in each of the Community Zoning Districts. Larger developments will require a more detailed study; conversely, smaller development may only require a scoped EIS. 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. The location of each of these zones is shown on Schedule A-1' A-3, A-9, A-14, A- 23 and A-25'. 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 s 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, which are 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 Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page v

6 How To Use This By-Law 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 each Community Zoning District. 5. Please note that the general provisions contained under Section 6 can 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 envelope 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); Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page vi

7 How To Use This By-Law 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 Licenses. 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. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page vii

8 Table of Contents TABLE OF CONTENTS SECTION PAGE SECTION 1: TITLE, DEFINED AREA AND INTERPRETATION TITLE DEFINED AREA INTERPRETATION... 3 SECTION 2: SCOPE AND EFFECT OF THIS BY-LAW... 6 SECTION 3: ADMINISTRATION AND ENFORCEMENT ADMINISTRATION AND ENFORCEMENT INSPECTIONS LICENCES AND PERMITS OFFENCE REQUESTS FOR AMENDMENTS MINOR VARIANCES SECTION 4: ZONES AND ZONE MAPS ESTABLISHMENT OF ZONES USE OF ZONE SYMBOLS INTERPRETATION OF ZONE BOUNDARIES ZONE CLASSIFICATIONS SITE SPECIFIC EXCEPTIONS ENVIRONMENTAL CONSERVATION ZONE OVERLAY ENVIRONMENTAL IMPACT STUDY (EIS) ENVIRONMENTAL CONSERVATION (EC) ZONE HOLDING ZONES SECTION 5: DEFINITIONS SECTION 6: GENERAL PROVISIONS ACCESSORY BUILDINGS AND STRUCTURES AGRICULTURAL STANDS AND SEASONAL HOME GROWN PRODUCE STAND AMENITY AREA AUTOMOBILE SERVICE STATION AND AUTOMOBILE GAS BAR BED AND BREAKFAST ESTABLISHMENTS BUFFER STRIP BUILDING RECONSTRUCTION, RENOVATION AND RELOCATION BUILDING RECONSTRUCTION, RENOVATION AND RESTORATION [DESIGNATED BUILDINGS] CONTINUATION OF AGRICULTURAL USES COUNTRY INNS... 92

9 Table of Contents 6.11 DANGEROUS USES DEVELOPMENT ALONG THE NIAGARA RIVER PARWAY See NIAGARA RIVER PARKWAY, DEVELOPMENT ALONG THE ESTATE WINERIES EXISTING LOTS FARM HELP ACCOMMODATION FARM WINERIES OR COTTAGE WINERIES FENCING 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 REQUIREMENTS LOT DEVELOPMENT REQUIREMENTS MINIMUM DISTANCE SEPARATION (MDS) REQUIREMENTS MUNICIPAL DRAIN AND/OR IRRIGATION CHANNEL NIAGARA RIVER PARKWAY, DEVELOPMENT ALONG THE NON-CONFORMING USES NON-COMPLYING LOTS, BUILDINGS, OR STRUCTURES OCCASIONAL USES OCCUPATION OF INCOMPLETE BUILDINGS OUTDOOR PATIO RESTAURANT OUTDOOR STORAGE PARKING REQUIREMENTS PARKING SPACE REQUIREMENTS PARKING SPACE REQUIREMENTS, ADDITIONAL PROVISIONS PARKING, BICYCLE REQUIREMENTS PARKING, ACCESSIBLE SPACE REQUIREMENTS PARKING, PASSENGER BUS REQUIREMENTS PERMITTED YARD PROJECTIONS AND ENCROACHMENTS PUBLIC STREET FRONTAGE REQUIRED RESIDENTIAL / AGRICULTURAL INTERFACE RESIDENTIAL UNIT IN CELLAR AND BASEMENT RESIDENTIAL USE IN NON-RESIDENTIAL BUILDING SECONDARY USES SETBACKS FROM PROVINCIAL HIGHWAYS and THE NIAGARA RIVER PARKWAY SETBACK FROM WASTE DISPOSAL SITES SIGHT TRIANGLE SIGNS STRUCTURES IN WATER TRANS CANADA PIPELINES PROVISIONS Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page ix

10 Table of Contents 6.56 USES AND ACTIVITIES PROHIBITED IN ALL ZONES USES PERMITTED IN ALL ZONES WATERFRONT DOCKS, PIERS, LANDING PLACES AND PUBLIC BOAT LAUNCH WIND ENERGY SYSTEM YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES SECTION 7: OLD TOWN COMMUNITY ZONING DISTRICT ESTABLISHED RESIDENTIAL (ER) ZONE ESTABLISHED RESIDENTIAL (ER2) ZONE (Chautauqua Community) 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 HOLDING (H-1) ZONE ENVIRONMENTAL CONSERVATION ZONE OVERLAY 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 ZONE OVERLAY 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 RESIDENTIAL DEVELOPMENT (RD) ZONE VILLAGE COMMERCIAL (VC) ZONE SERVICE COMMERCIAL (SC) ZONE ENTERPRISE (E) ZONE INSTITUTIONAL (I) ZONE OPEN SPACE (OS) ZONE ENVIRONMENTAL CONSERVATION ZONE OVERLAY SITE SPECIFIC EXCEPTIONS Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page x

11 Table of Contents 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 ZONE OVERLAY SITE SPECIFIC EXCEPTIONS SECTION 11: GLENDALE COMMUNITY ZONING DISTRICT SECTION 12: AGRICULTURAL COMMUNITY ZONING DISTRICT Zone Schedules Appendices Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page xi

12 Table of Contents LIST OF TABLES & ILLUSTRATIONS CONTENT TABLES Table 4-1: Table 6-1: Table 6-2: Table 6-3: Table 6-4: Table 6-5: Table 6-6: Table 6-7: Table 6-8: Table 6-9: Table6-10: PAGE Zone Classifications...16 Minimum Amenity Space in a Mixed-Use Building...89 Minimum Loading Spaces for a Non-Residential Building Minimum Parking Space Dimensions as Per Parking Alignment Commercial and Industrial Parking Ratios Residential Parking Ratios Miscellaneous Use Parking Ratios Bicycle Parking Ratios Accessible Parking Ratios Passenger Bus Parking Ratios Permitted Yard Projections & Encroachments FIGURES SITE SPECIFIC EXEMPTIONS Figure F: The Village Subdivision Figure F: 1897 Lakeshore Road, Butler s Creek Subdivision Figure F: Melville Street Figure F: 289 Ricardo Street Figure F: 85 Melville Street Figure F: 481 Victoria Street Figure F: Peaceacres Subdivision Figure F: 450 Nassau Street Figure F: 651 Simcoe Street Figure F: 228 Queen Street Figure F: 120 John Street Figure F: 180 Mary Street Figure F: 186 Ricardo Street, 177 & 189 Byron Street Figure F: Ws King Street [Evergreen Estates] Figure F(i): Pillar & Post Hotel, Regent Street Figure F(ii): Pillar & Post Hotel, Regent Street Figure F(iii): Pillar & Post Hotel, Regent Street Figure F: Boatworks Subdivisions Figure F: 46 Paxton Lane Figure F: Pallet Estates Figure F: Block 26, Plan 30m-345 Niagara Stone Road Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page xii

13 Table of Contents APPENDICES & ILLUSTRATIONS CONTENT PAGE APPENDICES ILLUSTRATIONS Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page xiii

14 By-Law Page THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE BY-LAW NUMBER A BY-LAW TO IMPLEMENT THE OFFICIAL PLAN AND RESCINDS BY- LAW NO. 500A-74 AND AMENDMENTS [EXCEPT AS IT APPLIES TO THE GLENDALE AND THE AGRICULTURAL ZONING COMMUNITIES] 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 Ontario 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; AND WHEREAS the Council of the Corporation of the Town of Niagara-on-the-Lake has carefully considered all public comments throughout the process; AND WHEREAS it is now deemed desirable and in the public interest to adopt a new Comprehensive Zoning By-law. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE hereby enacts as follows: Town of Niagara-on-the-Lake Comprehensive Zoning By-law July 2009 Page 1

15 Section 1 Title, Defined Area and Interpretation Section 1: Title, Defined Area and Interpretation Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 2

16 Section 1 Title, Defined Area and Interpretation 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 urban boundaries of the Corporation of the Town of Niagara-on-the-Lake, except lands located in the Glendale Community and lands subject to a development permit from the Niagara Escarpment Commission pursuant to the Niagara Escarpment Planning and Development Act, and regulations thereto. Lands in the Niagara escarpment planning area 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. Land located in the urban area of Glendale and the rural agricultural area outside of the urban area boundaries will be incorporated at a later date and subject to an amendment to this by-law. The use of lands owned by The Niagara Parks Commission is governed by the provisions of the Niagara Parks Act. The Niagara Parks Commission, in the use of its lands, shall be consistent with Provincial Policy Statements and shall conform to Provincial plans that are in effect or shall not conflict with them as per requirements of the Ontario Planning Act, as amended. Before carrying out any undertaking that the Niagara Parks Commission considers will directly affect the Town of Niagara-on-the-Lake, The Niagara Parks Commission shall consult with and have regard for established planning policies of the municipality as may be required under the Ontario Planning Act, as amended. 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 Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 3

17 Section 1 Title, Defined Area and Interpretation 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 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 are 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 attached as an appendix are for the purpose of clarification and convenience and do not form part of this By-law. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 4

18 Section 2 Scope and Effect of this By-law Section 2: Scope and Effect of This By-law Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 5

19 Section 2 Scope and Effect of this By-law 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 the Federal Government, and the effect of such acquisition is to make the remaining parcel of land, building or structures either non-conforming or further nonconforming 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 nonconforming deemed to be non-conforming only to the extent of the nonconformity, 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 judgment 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 Ontario Planning Act, as amended, or a predecessor thereof, are hereby repealed insofar as they apply to the areas included within the urban boundaries of the Town of Niagara-on-the-Lake and the Definitions and General Provisions, except those by-laws that affect lands in the urban area of the Glendale Community. 2.7 This By-law shall not be interpreted so as to reduce or mitigate any other By-law, Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 6

20 Section 2 Scope and Effect of this By-law regulation, or restriction lawfully imposed by this Corporation or any other governmental authority having jurisdiction to do so. 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 from the obligation to obtain any license, 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 that no Notice of Appeal is filed to this By-law. Where one or more appeals have been filed within the time period specified, at the conclusion of which, the provisions of Section 34, Subsection 30 of the Ontario 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, unless otherwise amended by the Ontario Municipal Board or the Lieutenant Governor in Council. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 7

21 Section 3 Administration and Enforcement Section 3: Administration and Enforcement Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 8

22 Section 3 Administration and Enforcement 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(s) 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(s), 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 license shall be issued where the said permit, certificate or license 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 license 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 license being revoked or withdrawn. It shall be the duty of the Chief Building Official or his / her 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 his / her 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 corridor as identified in the Niagara Parks Act and regulations. In addition to the Niagara Parks Commission responsibilities, the Niagara Peninsula Conservation Authority is responsible for giving approval for structures in water as part of the approval process. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 9

23 Section 3 Administration and Enforcement Agricultural markets, seasonal produce stands, bed and breakfast establishment, Country Inns, home industries, home occupations, home professions, estate wineries, farm or cottage wineries, and single detached residential dwellings located along the Niagara River Parkway will require Niagara Parks Commission approval for access and signage. 3.4 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. 3.5 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 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 Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 10

24 Section 3 Administration and Enforcement 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. 3.6 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 Provincial Plans, the Provincial Policy Statement, the Official Plan and / or the Ontario Planning Act, as amended, and regulations issued hereunder. 3.7 MINOR VARIANCES An application can be made to obtain a minor variance from the provisions of this By-law in accordance with the Ontario Planning Act, as amended and in conformity with the Provincial Plans. 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. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 11

25 Section 4 Zones and Zone Maps Section 4: Zones and Zone Maps Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 12

26 Section 4 Zones and Zone Maps SECTION 4: ZONES AND ZONE MAPS 4.1 ESTABLISHMENT OF ZONES For the purpose of this By-law, the maps hereto attached as Schedules A-1, A-2, A-3', A-9. A-14, A-23 and A-25 shall be referred to as the "Zoning Maps" for the urban areas of Town of Niagara-on-the-Lake (except the Glendale Community - the Glendale Community and the rural area remain as existing). The zoning maps shall be divided into the following Zoning Districts and Zones: Old Town Community Zoning District: Established Residential (ER) Zone Established Residential (ER2) 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 Zone Overlay Heritage Zone Overlay Holding (H) Zone 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 Zone Overlay Holding (H) Zone Development Control of the Niagara Escarpment Commission St. Davids Community Zoning District: Residential (R1) Zone Residential (R2) Zone Residential (R3) Zone ER ER2 R1 R2 RM1 RD QPC GC MC I OS H ER1 ER2 VC I OS H R1 R2 R3 Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 13

27 Section 4 Zones and Zone Maps Residential Multiple (RM1) Zone Residential Multiple (RM2) 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 Zone Overlay Holding (H) Zone Development Control of the Niagara Escarpment Commission 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 Zone Overlay Holding (H) Zone RM1 RM2 RD VC SC E I OS H R1 R2 RM1 RM2 RD VC E I OS 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 shall be the centre lines of the road allowance or lot lines and the projection thereof; Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 14

28 Section 4 Zones and Zone Maps 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-of-way or watercourse and extending in the general direction of the long division 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 for the zone adjacent to it. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 15

29 Section 4 Zones and Zone Maps 4.4 ZONE CLASSIFICATIONS TABLE 4.1 Zone Classifications Zone Symbol CLASS: RESIDENTIAL ER ER1 ER2 R1 R2 RM1 RM2 RD CLASS: COMMERCIAL QPC GC MC VC SC CLASS: INDUSTRIAL E EI Zone Established Residential Zone (Old Town) Established Residential Zone (Queenston) Established Residential Zone (Old Town, Queenston) Residential Zone (Old Town, St. Davids, Virgil) Residential Zone (Old Town, St. Davids, Virgil) Residential Multiple Zone (Old Town, St. Davids, Virgil) Residential Multiple Zone (St. Davids, Virgil) Residential Development Zone (Old Town, St. Davids, Virgil) Queen Picton Commercial Zone (Old Town) General Commercial Zone (Old Town) Marine Commercial Zone (Old Town) Village Commercial Zone (Queenston, St. Davids, Virgil) Service Commercial Zone (St. Davids) Enterprise Zone (St. Davids, Virgil) Extractive Industrial Zone (Agricultural) CLASS: OTHER ZONES OS Open Space Zone AR Airport Zone I Institutional Zone H Holding Zone MISCELLANEOUS (No Class) Development Control of the Niagara Escarpment Commission Environmental Conservation Zone Overlay 4.5 SITE SPECIFIC EXCEPTIONS Whenever lands on any Zoning Schedule have the zone symbol followed directly by a dash (-) and a number, for example, VC-1, such lands shall be considered to have a Site Specific Exception number and to have reference to a zone category. The said lands shall be subject to the provisions of the relevant zone Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 16

30 Section 4 Zones and Zone Maps 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. 4.6 ENVIRONMENTAL CONSERVATION ZONE OVERLAY This Comprehensive Zoning By-law includes an environmental conservation zone overlay within the urban community zoning districts to ensure that development of properties within and / or adjacent to the environmental feature achieve the objectives of: The Regional Policy; The Open Space portion of Section 15: Open Space and Community Facilities; Section 16: Conservation / Wetlands of the Official Plan; The Provincial Policy Statement; Niagara Peninsula Conservation Authority Regulation Area under Ontario Regulation 155/06; and, The Ontario Planning Act The underlying zone category works together with the environmental conservation zone overlay in determining the density and required setbacks of a permitted use from an environmental feature There are cases where the environmental conservation zone overlay may consist of more than one key natural heritage feature or key hydrologic feature on a specific site, creating several layers of development and zone requirements. In these instances, the most restrictive environmental feature s zoning requirements will take precedence A building permit will not be issued on a property affected by the environmental conservation zone overlay unless the zone requirements of the environmental feature have been met. Where a building is subject to an Environmental Impact Study (EIS) no change in use, no new building or structure and no expansion to any existing building or structure shall be permitted unless it has been demonstrated through an EIS that there well no negative impact on the adjacent natural feature. 4.7 ENVIRONMENTAL IMPACT STUDY (EIS) An Environmental Impact Study (EIS) may be required where lands are in or adjacent to an environmental feature to ensure that the environmental feature is Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 17

31 Section 4 Zones and Zone Maps protected against impacts of development. 4.8 ENVIRONMENTAL CONSERVATION (EC) ZONE The limits of the Environmental Conservation (EC) Zone may be subject to change as new detailed information and accurate mapping from the Niagara Peninsula Conservation Authority becomes available as it relates to natural and man made features. The zone schedules in the Comprehensive Zoning By-Law will be updated to reflect updated mapping from the Niagara Peninsula Conservation Authority. 4.9 HOLDING ZONES Land subject to a Holding Zone shall not be used, nor any building or structure used, altered or erected until the Holding Zone is removed by amendment. This provision shall not prevent continuation of uses existing at the time the Holding Zone was established on said lands. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 18

32 Section 5 Definitions Section 5: Definitions Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 19

33 Section 5 Definitions 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 twelve (12) month period. 5.2 ABANDONED USE or DISCONTINUED USE means a use of land that has ceased to exist for a period of twelve (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, in ground swimming pool and satellite dish greater than 1.2 m (3.94 ft) in circumference. The accessory building or structure shall not be used for overnight habitation except for a farm help accommodation located in the Agricultural (A) Zone. 5.4 ADULT ENTERTAINMENT PARLOUR means any premises, or part thereof, in which the business carried out is provided in pursuance of a trade, calling, business or occupation appealing to or designed to appeal to erotic or sexual appetites or inclinations. 5.5 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. 5.6 AGGREGATE means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other prescribed material. 5.7 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 agricultural-related uses provided on site, where baked goods and non-alcoholic beverages may be offered. 5.8 AGRICULTURAL INFRASTRUCTURE 1 means a portion of watercourse in a natural form with the ability to sustain fish habitat and it may also be a municipal drain or irrigation channel. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 20

34 Section 5 Definitions 5.9 AGRICULTURAL INFRASTRUCTURE 2 means a portion of a watercourse, original headwater area and farm swale that may contribute to fish habitat and may also be a municipal drain or irrigation channel AGRICULTURAL INFRASTRUCTURE 3 means a man made municipal drain or irrigation channel that may contribute to fish habitat and may also include roadside ditches AGRICULTURAL MARKET means a secondary use to an agricultural operation that includes 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 products grown locally and from the property. The retail sale of dairy products, hand crafted products and baked goods baked on the premises are permitted provided the same are secondary to the products described above. The sale of clothing, meat, frozen foods other than frozen fruit, paper products, coffee, house wares, breakfast cereals, tobacco products, magazines, newspapers, soap, detergents, pharmaceutical products, lottery tickets, furniture, and home furnishings is prohibited AGRICULTURAL PROCESSING FACILITY means a building or buildings used to process agricultural products grown locally or on the property where the agricultural processing facility is located and includes products directly related to agriculture such as fruits, vegetables, nuts, seeds, corn, wheat, flowers, plants and bedding plants. The total area for the agricultural processing facility shall be related to the size of the agricultural operation AGRICULTURAL STAND or SEASONAL HOME GROWN PRODUCE STAND means a accessory building or structure to an agricultural use comprising a maximum area of 18.5 m 2 (199 ft 2 ) where produce of fresh fruit, vegetables, flowers, plants and bedding plants that are grown locally and from the agricultural operation of the property are offered or kept for sale on a seasonal basis AGRICULTURAL USE or FARM means the growing of crops, including nursery and horticultural crops; raising of livestock; raising of other animals for food, fur or fiber, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, including an owner s dwelling and secondary buildings, and farm help accommodation for seasonal and full-time farm labour when the size and nature of the operation requires Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 21

35 Section 5 Definitions additional employment. Agricultural uses shall not include the butchering and rendering of animals raised on the premises. The Minimum Distance Separation Formulae I and II criteria apply to certain types of agricultural uses and vary by types of livestock operation, and manure storage AGRICULTURAL-RELATED USES means those farm-related uses that relate to the size of the farm operation and is directly related to the farm operation and are required to be in close proximity to the farm operation such as an agricultural processing facility, an agricultural produce storage building, an agricultural stand, a pick your own agricultural operation, a farm or cottage winery, or a riding stable AIRPORT or AIRCRAFT LANDING AREA means the use of land, including water, runway, or other facility, designed used or intended to be used, either by the 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 AIRPORT means the use of land for airport services in support of airport activities, including the sale and manufacturing of airplanes, parts, and service ALTER: 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; 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 expropriation of any portion of such lot or otherwise; or b) 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. c) When used in reference to grading shall not result in adverse impacts on adjacent properties. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 22

36 Section 5 Definitions 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 and devices, 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 a miniature golf course, driving range, amusement rides, water sports, and an amusement arcade ANIMAL HOSPITAL See VETERINARY CLINIC 5.23 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 sixty (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 twenty (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 four (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 Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 23

37 Section 5 Definitions use, in common, the corridors, stairs, elevators, yards or parking areas APARTMENT DWELLING See DWELLING, APARTMENT, SECONDARY APARTMENT 5.27 AREA OF NATURAL AND SCIENTIFIC INTEREST (ANSI) means areas of land and water containing natural landscapes or features that have been identified as having life science or earth science values related to protection, scientific study or education 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 ARTIFICIAL EMBANKMENT means an artificial slope which can be made out of earth, stones or bricks, or a combination of these. An artificial embankment is not permitted where the purpose is to alter an existing grade by filling in a slope with earth, stones or bricks or a combination of these 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 a secondary 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 of the foregoing, may include such facilities as a banquet hall, community centre or private club and may include an auditorium or public hall 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 Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 24

38 Section 5 Definitions partly within the roof framing. Refer to the illustrations at the end of this By-law 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 By-law AUTOMOBILE GAS BAR or GAS BAR means one or more pump islands, and shelter having a floor area of no more than 9.29 m 2 (100 ft 2 ), 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 a secondary use AUTOMOBILE MACHINE SHOP means a shop where metal and other materials are cut, shaped, milled or finished with machine tools and designed to be installed onto vehicles 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 Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 25

39 Section 5 Definitions 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, automobile machine shops or automobile general repair establishments BACKGROUND SOUND LEVEL means the sound level that is present in an environment, or produced by noise sources other than the source under impact assessment. Highly intrusive short duration noise caused by a source such as aircraft flying or train pass-by is excluded from the Background Sound Level BAKERY means a commercial establishment used for producing, mixing or baking bread, biscuits, cakes, pastry or other bakery products, but shall not Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 26

40 Section 5 Definitions include a restaurant or other premises where such products are made for consumption on the premises BAKE SHOP means a commercial establishment, with or without association to a bakery, where bakery products are offered for retail sale, but may include a restaurant where such products are made for consumption BALCONY means an external platform structure at least 2 m above grade, attached to and/or extending from a building wall with access from an upper floor through either a door or window BANK or FINANCIAL ESTABLISHMENT means a commercial establishment which is used primarily for financial transactions including the borrowing, depositing, and exchanging of currency and credit and shall include banks, trust companies, credit unions, finance companies and stockbroker establishments BASEMENT means that portion of a building partially below ground level and having fifty per cent (50 %) or more of its exterior wall area above the average finished grade. Refer to the illustrations at the end of this By-law BED AND BREAKFAST ESTABLISHMENT means a single-detached dwelling with no more than three (3) guest bedrooms for overnight guest lodging, where only breakfast is included, for the temporary accommodation of the traveling or vacationing public and includes the living accommodation of the residents of the dwelling. Such establishment shall be licensed by the Town of Niagara-on-the- Lake and shall not include a restaurant, hotel, motel, boarding or rooming house, nursing home, or any home licensed, approved or supervised under any general or special Act. The principal use of the dwelling unit shall be for residential purposes and the bed and breakfast establishment shall be an ancillary use to the main residential use. Guest bedrooms shall not be suites BEER STORE See LIQUOR STORE 5.54 BLOCK means an area bounded on three sides by streets, or by one or more streets and one or more natural or manmade barriers such as a river or railway BLOCK FACE means all land fronting on one side of a street between the Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 27

41 Section 5 Definitions nearest streets intersecting, meeting or crossing the aforesaid street. Refer to the illustrations at the end of this By-law BLUEPRINTING SHOP See PHOTOCOPYING SHOP 5.57 BOARDING HOUSE or ROOMING HOUSE See LODGING HOUSE 5.58 BOAT HOUSE means a detached accessory building or structure constructed for the purpose of sheltering or storage of boats or other form of water transportation and accessories, but shall not include a dwelling unit BOAT LAUNCH means a location on a shore where the launching of boats and recreational vehicles by the public is permitted, and includes an associated parking area. A boat launch does not include a marina or other commercial uses BODY-RUB includes the kneading, manipulation, rubbing, massaging, touching, or stimulating, by any means, of a person s body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered under the laws of the Province of Ontario BODY-RUB PARLOUR means the use of a building or structure, or a portion thereof, where a body-rub is performed, offered, or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body-rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered under the laws of the Province of Ontario BREW YOUR OWN OPERATION means a service use where member of the public can make their own beer, wine, or other beverages for consumption off the premises and where the owner or operator may retail related equipment or ingredients BUFFER STRIP means an area of land used for the erection of a fence and/or the planting and maintaining of a continuous row of coniferous trees or a natural living fence, immediately adjacent to the lot line or portion thereof along which such buffer strip is required BUILDING means any structure consisting of walls, foundation and a roof, which is used or intended to be used for the shelter, accommodation or enclosure of Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 28

42 Section 5 Definitions persons, animals, goods or materials and shall exclude a boundary wall or fence and any vehicle as defined herein BUILDING AREA means the greatest horizontal area of a storey above grade within the outside surface of exterior walls or within the outside surface of exterior walls and the centreline of firewalls BUILDING or CONTRACTING ESTABLISHMENT means a premises used for the purposes of undertaking or managing activities engaged in maintaining and building new structures or works, additions or renovations, and includes offices of general building contractors, general contractors, specialized trades and building maintenance services such as window cleaning and extermination services. Also included is the prefabrication of building equipment and materials, and wrecking and demolition contractor s offices, but does not include salvage or wrecking yards BUILDING DEPTH means the horizontal distance between the front wall and the rear wall of a building, excluding a covered porch, deck or veranda BUILDING FACE means that portion of a front wall of a building or the horizontal projection thereof, situated closest to the street and with exposure to the street BUILDING HEIGHT when used in reference to a building or structure, means the vertical distance measured from the average finished grade around the structure to the peak, except: a) In the case of a flat or shed roof, the highest point of the roof s surface; b) In the case of a structure not having a roof, the uppermost part of such structure; or c) Where an exterior wall other than a required fire wall extends above the top of the roof of a building, the topmost part of such exterior wall. Refer to the illustrations at the end of this By-law BUILDING LINE means the line lying in the interior of a lot drawn parallel to a lot line for the purpose of establishing the minimum distance that must exist between a building or structure, erected upon the lands and a lot line BUILDING, MAIN means the building in which the main use of the lot is used, and Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 29

43 Section 5 Definitions in a Residential zone, the dwelling is the main building. For the purpose of this definition the main use means the principal use of the lot on which the building or structure is located BUILDING SUPPLY or LUMBER YARD ESTABLISHMENT means a lot, building, and/or structure used for the wholesale or retail sales of building or construction supplies and accessories, including outdoor storage of building materials which may include: lumber, millwork, cement, siding, roofing, plumbing or electrical supplies, heating, cooling or ventilating construction supplies, fireplaces, windows, paints, wall coverings, and floor coverings BULK SALES ESTABLISHMENT means the use of land for the purpose of storing, buying and selling fuel, oil, propane, wood, lumber, building materials, ice and allied chemicals, but does not include any manufacturing, assembling or processing uses BUSINESS or PROFESSIONAL OFFICE means a building in which one or more persons are employed in the management, direction or conducting of a business or where professionally qualified persons and their staff serve clients who seek advice and consultation of a public or private agency, a business, a brokerage, or a labour or fraternal organization, but not a medical office or retail store BY-LAW ENFORCEMENT OFFICER means a person(s) appointed by Council and charged with the duty of enforcing the provisions of the Zoning By-law and other By-laws of the Municipality and any amendments to such By-laws CAMPGROUND See TENT AND TRAILER CAMPGROUND 5.77 CARPORT means a structure of not more than 4.5 m (14.76 ft) in height attached to a dwelling, having a roof supported by columns or piers and enclosed to a height of not more than 1.4 m (5 ft) that is intended for the parking of vehicles associated with a private dwelling CARWASH, AUTOMATIC means a commercial establishment that is used or designed to be used for the automated washing, polishing and/or drying of one or more vehicles at any one time, but does not include an automobile service station where car washing is incidental to the operation of such service station CARWASH, MANUAL means a commercial establishment that is used or Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 30

44 Section 5 Definitions designed to be used for the washing of one or more vehicles at any one time, by means of hand operated pressurized wands connected to the water system of the structure, but does not include an automobile service station where car washing is incidental to the operation of such service station CATALOGUE SALES OUTLET means a commercial establishment in which orders are accepted for the purchase of goods listed in a catalogue provided by the establishment and in which some or all of the goods so listed may also be available within the establishment for sale at retail CATERING ESTABLISHMENT means a building or structure in which food and beverages are prepared for consumption off-site and are not served to customers on the premises or used for a take-out restaurant CELLAR means any enclosed portion of a building that has more than fifty per cent (50 %) of its height, from floor to ceiling, located below finished grade. Refer to the illustrations at the end of this By-law CEMETERY means land that is used as a place for the interment of the deceased or in which human bodies have been buried and may include a crematorium, mausoleum, or columbarium CENTRE LINE means that line which equally divides the width of the road allowance of a street or highway, as opposed to the centre line of the traveled roadway CHURCH See RELIGIOUS INSTITUTION 5.86 CINEMA means a building or part of building which is used for the commercial showing of films and excludes the presentation of live entertainment CIVIC USE See PUBLIC USE 5.88 CLEANING ESTABLISHMENT means a building or structure where cleaning, dyeing, or pressing of articles or clothing is carried out including rugs, carpets, linens and draperies CLINIC See MEDICAL CLINIC Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 31

45 Section 5 Definitions 5.90 CLUBHOUSE means a building or part of a building used by members of an organization which owns, hires or leases the building or part thereof, the use of such premises being restricted to members and their guests for social, recreational and charitable purposes and may include a lodge, fraternity or sorority house, labour union hall or community organization CLUBHOUSE, GOLF COURSE means a building or part of a building used by members of an organization, the use of such premises being restricted to members and their guests for social or recreational purposes. Where the Golf Clubhouse is located on a public golf course, the premises are open to the public for social and recreational purposes in conjunction with the payment of golf fees on a daily, weekly or seasonal basis COIN LAUNDRY See LAUNDROMAT or LAUNDRY, COIN OPERATED 5.93 COMMERCIAL ENTERTAINMENT ESTABLISHMENT or THEATRE means the use of a building or structure, or portion thereof, for a fee, for the provision of entertainment or amusement without the necessity of active participation by the user and shall include such uses as a cinema, playhouses, bingo hall, dance hall, and other assembly halls, but shall not include an adult entertainment parlour, an adult entertainment store, a body rub parlour, an amusement arcade or an amusement park COMMERCIAL ESTABLISHMENT or COMMERCIAL USE means the use of any lot, building or structure, or portion thereof, for the purpose of buying and selling of commodities, the rental of goods and materials, and the supplying of services to the general public, separate from such uses as manufacturing or assembling of goods, warehousing, transport terminals, construction and shall not include an adult entertainment parlour, an adult entertainment store, a body rub parlour, an amusement arcade, an amusement park or a salvage yard COMMERCIAL GREENHOUSE See GREENHOUSE, COMMERCIAL 5.96 COMMERCIAL RECREATION FACILITY means the use of a lot, building or structure or a portion thereof for the provision of participatory athletic, recreation or physical fitness facilities for gain or profit. Without limiting the generality of the foregoing, shall also include a health facility, fitness centre, an ice or roller skating rink, a curling rink, a racquet club, a swimming pool, a billiard parlour and a bowling alley, but shall not include an adult entertainment parlour, adult Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 32

46 Section 5 Definitions entertainment store, a body rub parlour, an amusement arcade or an amusement park as defined herein COMMERCIAL SCHOOL or TRADE SCHOOL means a school operated by an individual or company for gain or profit, providing instruction in a specific trade, skill or service such as secretarial skills, vocational skills, aviation, banking, commercial arts, automobile driving, language, modeling, cooking and culinary skills, business, hairdressing, beauty, culture, dancing and music schools. A commercial school shall not include a post secondary institution or a school COMMERCIAL STORAGE FACILITY means a building or structure or part thereof, which for a fee is used for the temporary storage of articles, goods or materials COMMERCIAL USE See COMMERCIAL ESTABLISHMENT COMMERCIAL VEHICLE means any vehicle which displays commercial lettering or commercial licence plates and shall also include construction equipment which is self-propelled or designed to be towed COMMONS, THE means Federally owned open space that is unfenced, undeveloped, and uncultivated and is a significant, unspoiled, archaeological and landscape feature used primarily by the public for passive enjoyment and recreation and includes historic Fort George COMMUNITY CENTRE or RECREATION CENTRE means a publicly owned building, structure or lot used for recreation or social or cultural activities, meeting or other leisure activities. Common types of facilities may include swimming pools, curling rinks, ice rinks, racquet courts, training rooms, meeting rooms, gymnasiums, auditoriums, arenas and including, but not limited to outdoor activities such as playing fields COMPLYING means a lot, building or structure that fulfills the requirements of the specific zone regulations for the zone in which such lot, building, or structure is located and the general provisions of this By-law CONDOMINIUM means a building, structure or land wherein the owner holds title to his/her own unit and/or land while sharing title to common areas of the development and sharing maintenance/operating costs with other unit or land Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 33

47 Section 5 Definitions owners through a condominium corporation incorporated under the Condominium Act CONFERENCE ROOM means a meeting room in conjunction with a hotel or school which is used for the purposes of meetings, lectures, seminars and training CONFORMING means a use, or activity of any lot, building or structure which falls within the uses permitted in this By-law for the zone in which such use or activity is located CONTAMINATED SITE means land that is contaminated from past land use activity relating, but not limited to, industrial uses, transportation or utility purposes including Municipal and Ministry of Transportation refueling yards, waste disposal sites, and commercial uses such as automobile service stations, automobile gas bar, automobile repair or body shop and lands where filling has occurred CONTINUOUS USE in the context of non-conforming uses shall mean the continuous use of a lot, building or structure, notwithstanding the change of ownership of the property where the use is located. Use shall further be deemed continuous if, after having ceased, the same use recommenced within a period of one (1) year from the date of cessation, and / or if a structure is destroyed or damaged, it is rebuilt or repaired to the same use within a period of one year from the date of the its destruction or damage. This is in addition to the protection afforded by Section 34(9) of the Ontario Planning Act. The onus is on the owner to provide evidence of continuous use CONSERVATION MANAGEMENT ACTIVITIES AND USES means activities and uses associated with land and water conservation management including fisheries management, flood and erosion control measures, wetland management, wildlife habitat areas management, and forestry management CONTRACTING ESTABLISHMENT See BUILDING ESTABLISHMENT CONTRACTOR S YARD means the yard or depot of a construction company or contractor used for the storage and maintenance of equipment used by the contractor or company, and includes facilities for the administration or management of the business and the stockpiling or storage of supplies used by Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 34

48 Section 5 Definitions the business, but does not include the wholesale or retail sale of construction materials or supplies, or home improvement supplies, or lands used by a service establishment CONVENIENCE STORE or NEIGHBOURHOOD CONVENIENCE STORE means a retail outlet limited to 223 m 2 (2400 ft 2 ) gross floor area serving the daily household and grocery shopping needs of neighbourhood consumers, and may include secondary convenience services such as a dry cleaning and laundry depot, photo finishing, automated banking outlet, video rental, or postal outlet CONVERSION means the physical alteration or change of use of an existing building or structure, or a portion thereof, to another use CONVERTED DWELLING See DWELLING, CONVERTED CORNER SIGHTLINE TRIANGLE See SIGHT TRIANGLE CORNICE shall mean an exterior horizontal projection or ornamental molding along the top of a building, wall, arch, etc CORPORATION means the Corporation of the Municipality of the Town of Niagara-on-the-Lake COTTAGE or SEASONAL RESIDENTIAL DWELLING means a detached building used as an occasional or seasonal residential dwelling for recreation, rest or relaxation by one household, but not occupied continuously as a principal residence COTTAGE WINERY See FARM WINERY COUNCIL means the Municipal Council of the Corporation of the Town of Niagara-on-the-Lake COUNTRY INN means a residential use which is in the principal residence of the owner/operator and host, having more than three rented rooms and providing lodging and only breakfast to overnight guests. Country Inns located in the Agricultural Zone District are restricted to a maximum of six (6) rented rooms COURIER SERVICE ESTABLISHMENT See POSTAL OUTLET Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 35

49 Section 5 Definitions COVERAGE See LOT COVERAGE CUSTOM WORK SHOP means a building or part thereof for planning, designing and producing or manufacturing small quantities of articles by skilled craftsperson requiring manual or mechanical skills and may include a retail sales area for the articles produced on the site of a maximum area of 90 m DATA PROCESSING ESTABLISHMENT means a business office primarily for the purpose of keyboarding data for internal or external clientele DAY CARE CENTRE means a premises licensed under the Day Nurseries Act, as amended, that receives more than five (5) children, primarily for the purpose of providing temporary care, or guidance, or both temporary care and guidance, for a continuous period not exceeding twenty-four (24) hours, where the children are: a) Under eighteen years of age in the case of a day care centre or day nursery for children with a developmental challenge; and b) Under ten years of age in all other cases DAY CARE CENTRE - UNLICENSED means a premises used for the temporary care and custody for a reward or compensation of not more than five (5) children under ten years of age in a private residence other than the home of a parent or guardian of any such child for a continuous period not exceeding twenty-four (24) hours and not licensed under the Day Nurseries Act DECK means an unenclosed and uncovered structure that may be attached to a building, with or without steps, consisting of a platform no greater than 2.0 m (6.56 ft) above grade and intended as an outdoor privacy area DEMOLITION means the removal of a building or any part thereof DENSITY means the ratio of the number of residential units to one net hectare of land area. Density calculation shall be based on the number of hectares of net land area owned by a proponent and available for development DEPARTMENT STORE means a retail store that sells various lines of merchandise, including apparel, jewellery, cosmetics and toiletries, furniture, home furnishings, appliances, electronics, sporting goods, toys, photo equipment, hardware, auto accessories, and other household goods and services which Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 36

50 Section 5 Definitions generally includes at least three main lines, namely apparel, hardware and home furnishings. A department store shall not include an auto-oriented sales store, home improvement centre, drug store, pharmacy, neighbourhood convenience store, grocery store, specialty retail store or retail warehouse DESIGNATED PROPERTY means a building, structure, or property, or a portion thereof, designated by the Town of Niagara-on-the-Lake under Part IV or Part V of the Ontario Heritage Act DEVELOPMENT means: a) Activities such as filling, grading and excavation that would change the landform and natural vegetative characteristics of land, but does not include: 1) The construction of facilities for transportation, infrastructure and utilities used by a public body; 2) Activities or works under the Drainage Act; or 3) The carrying out of agricultural practices on land that was being used for agricultural uses on the date the Plan came into effect. b) The making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof; c) The laying out or establishment of a parking area, or loading spaces, or of sites for the location of a mobile home or mobile homes; DEVELOPMENT CONTROL NIAGARA ESCARPMENT COMMISSION (NEC) means lands under development permit control jurisdiction of the Niagara Escarpment Commission. These lands are not regulated by the Town s zoning regulations, but by the NEC, who administers development permits pursuant to the Niagara Escarpment Planning and Development Act and regulations. The affected lands are identified as areas of Development Control (DC) in pink on the zoning schedules DOCK means a structure on land or in the water used for transferring goods or passengers to or from a boat or airplane and does not include a commercial marina DORMER means framing which projects from a sloping roof, thereby providing an internal recess in the roof space. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 37

51 Section 5 Definitions DORMER WINDOW means a vertical window in a dormer for lighting a room adjoining a sloping roof DRIVEWAY means a vehicle access provided between a street or lane and a parking area or a loading space, or between two parking areas, but shall not include a parking aisle DRIVING RANGE means a public or private area operated for the purpose of developing golfing techniques, but does not include a golf course or miniature golf course operated for commercial purposes DRUG STORE or PHARMACY means a commercial establishment which dispenses prescription drugs and which sells, among other things, medical devices, non-prescription medicines, health and beauty products, and associated sundry items DRY CLEANING OUTLET means a commercial establishment used for the purpose of receiving articles of clothing to be subjected to the process of dry cleaning, dry dyeing or cleaning elsewhere, and for the pressing and / or distribution of any such articles or goods which have been subjected to any such process DRY CLEANING or LAUNDRY PLANT means a building where dry cleaning, dry dyeing, cleaning or pressing of articles of clothing is carried on DUPLEX DWELLING See DWELLING, DUPLEX DUPLICATING SHOP See PHOTOCOPYING SHOP DWELLING means a building or part thereof used or intended to be used as a residential unit DWELLING, APARTMENT means a residential unit located within an apartment building DWELLING, CONVERTED means a building originally designed as a one-unit dwelling which has been altered or converted so as to provide therein more than one dwelling. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 38

52 Section 5 Definitions DWELLING, DUPLEX means a building that is divided horizontally into two (2) separate dwellings each of which has an independent entrance either directly from the outside or through a common vestibule DWELLING, FOURPLEX or DWELLING QUADRAPLEX means a building divided horizontally and vertically into four (4) separate dwelling units, each of which has its own independent entrance from the exterior of the building or from a common vestibule DWELLING, GARDEN SUITE means a one-unit detached residential structure that is temporary in nature, containing bathroom and kitchen facilities and is ancillary to an existing residential structure and is designed to be portable DWELLING, MOBILE HOME means a manufactured, movable or portable dwelling constructed to be towed, to its appropriate site, on its own chassis, connected to utilities and designed to be placed on a permanent foundation or piers for year round living. It may consist of one or more parts that can be folded, collapsed or telescoped for towing to the appropriate site, and expanded later for additional cubic capacity to be joined into one integral unit. The mobile home must contain sleeping accommodation, a flush toilet, a tub or shower bath, and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems DWELLING, PARK MODEL HOME means a structure that is built on a permanent chassis designed for use as a dwelling with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical system but this term does not include a recreational vehicle. Model home differs from Mobile Home in size being normally limited to m (45 ft) in length DWELLING, MODULAR means a prefabricated single detached dwelling being so constructed or assembled that the shortest side of such dwelling is not less than 6 m (19.69 ft) in width DWELLING, SEMI-DETACHED means a building divided vertically into two dwellings by a common wall extending from the base of the foundation to the roof line DWELLING, SINGLE DETACHED means a single detached building which is Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 39

53 Section 5 Definitions freestanding, separate, and has independent exterior walls and contains one dwelling constructed for year round habitation by one or more persons. A single detached dwelling does not include a mobile home as defined herein DWELLING, TOWNHOUSE or ROW means a separate building containing three or more dwellings, each dwelling separated from its neighbour by a dividing wall and each having its own entrance at grade. a) CLUSTER or BLOCK TOWNHOUSE means a group of townhouses which are situated on a lot in such a way that individual units may not have legal frontage on a public street or road. b) ON-STREET TOWNHOUSE means a townhouse with each unit on a separate lot and having legal frontage on a public street. c) STACKED TOWNHOUSE means a group of townhouses with one unit above another unit DWELLING, TRIPLEX means a building that is divided horizontally into three dwellings. Refer to the illustrations at the end of this By-law DWELLING UNIT, BACHELOR means a dwelling designed for the use of one person EASEMENT See RIGHT-OF-WAY EATING ESTABLISHMENT See RESTAURANT ENCLOSED means to surround on all sides with either walls or windows or a combination thereof, and a roof ENVIRONMENTAL IMPACT STUDY (EIS) means an environmental study of a property prepared and signed by a qualified professional with relevant environmental expertise in accordance with the Regional Environmental Impact Study Guidelines (EIS Guidelines) to assess the affect of development on a natural or man made feature and recommend mitigative measures to protect the feature, including a minimum vegetated protection zone. The requirements in the Agricultural (A) Zone may differ from the urban community zones. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 40

54 Section 5 Definitions ERECT means to build, construct, re-construct or relocate any building or structure and includes, without limiting the generality of the foregoing: a) The performance of any preliminary physical operation, such as excavating, grading, filling or draining; b) The alteration of a building or structure by an addition, enlargement or extension; or c) Any work for which a building permit is required under the Ontario Building Code, as amended. The words erected and erection shall have a corresponding meaning EROSION LIMIT, REGULATORY means the area adjacent to Lake Ontario and defined by a combination of stable slope, recession rate, and an erosion allowance, as established by the Niagara Peninsula Conservation Authority (NPCA) ESTHETICIAN OFFICE means a building or part of a building in which a qualified skin care specialist trained to administer non-medical treatments to individuals provides treatment or consultation and may include facial, manicures, pedicures, waxing and relaxation treatments ESTABLISHED FRONT BUILDING LINE means a line representing the location of the front wall of a building or the horizontal projection thereof, situated closest to the street, excluding any unenclosed porches, platforms, decks, landing places, or balconies ESTABLISHED REAR BUILDING LINE means a line representing the location of the rear wall of a building or horizontal projection thereof, situated nearest to the rear lot line, excluding any unenclosed porches, platforms, decks, landing places, or balconies ESTATE WINERY means a use on an agricultural operation on which buildings and structures are used for the making of wine produced from locally grown fruits EXISTING unless otherwise indicated, means existing legally on the date of passing of this By-law EXTERIOR SIDE YARD See YARD - SIDE, EXTERIOR EXTERNAL DESIGN means the arrangement and/or pattern of materials forming Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 41

55 Section 5 Definitions the exterior of a building or structure FACADE means a building wall or series of building walls facing a street FARM See AGRICULTURAL USE FARM HELP ACCOMMODATION means an accessory building, and may include a mobile home, containing proper sanitation facilities, for the use of housing seasonal agricultural employees, and is not used for year round occupancy, by any employee FARM IMPLEMENT DEALER means premises where new or used farm machinery are stored or displayed for the purposes of sale or hire and includes the storage and sale of farm machinery accessories, together with the repair and service of farm machinery FARM WINERY or COTTAGE WINERY means a farm on which buildings and structures are used for the making of wines from fruit grown exclusively on site FENCE, BOUNDARY means any structure of posts, boards, wood, wire, plastic, concrete, stone, metal, hedge or any combination thereof which separates or purports to separate any parcel of land from the parcel of land immediately adjacent FILL, CONSTRUCTION, AND ALTERATION TO WATERWAYS REGULATIONS means a regulation passed pursuant to the Conservation Authorities Act, or its successors, whereby a Conservation Authority may, among other matters, regulate: a) The straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or watercourse; b) The construction of any building or structure in or on a pond or swamp or in any area susceptible to flooding; and c) The placing or dumping of fill of any kind in any defined part of the area over which the Conservation Authority has jurisdiction in which, in the opinion of the Conservation Authority, the control of flooding or pollution or the conservation of land may be affected. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 42

56 Section 5 Definitions FINANCIAL INSTITUTION See BANK FINISHED GRADE means, when used in reference to a building or structure, the average elevation of the finished surface of the ground measured from a point 0.6 m (2 ft) out from the base of an exterior wall, support of a building or structure, but exclusive of any artificial embankment. Refer to the illustrations at the end of this By-law FITNESS CENTRE or HEALTH FACILITY means a commercial recreation facility providing, for gain or profit, athletic and physical fitness facilities such as free weights, aerobics areas, game courts, exercise equipment, Jacuzzi, sauna, pro shop and locker rooms FLEA MARKET shall mean a commercial establishment where second hand goods, wares, substances, merchandise, or articles are displayed or offered for retail sale to the general public by individual vendors from individual stalls and stands but shall not include a public market, antique sales store, or garage sale FLOOD means a temporary rise in the water level resulting in the inundation of areas adjacent to a watercourse not ordinarily covered by water FLOOD LEVEL, REGULATORY means the level of water caused by a flood which has a return period of 100 years on average or which has a one per cent (1%) chance of occurring or being exceeded in any given year (1:100 year return flood), as determined by the appropriate approval authority. Along Lake Ontario the regulatory flood level also includes an allowance for wave up rush and other water related hazards FLOOD or EROSION CONTROL FACILITIES means facilities approved by the appropriate approval authority to minimize the potential for damage from flooding or erosion and may consist of channels, shoreline protection, storm water control facilities and related structures FLOOD PLAIN means the area, usually low lands, adjoining a watercourse, a river stream, a small inland lake system or Lake Ontario which has been, or may be subject to flooding hazards FLOOD PLAIN, REGULATORY means the area covered by flood waters which has a return period of 100 years on average or which has a one (1%) per cent Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 43

57 Section 5 Definitions chance of occurring or being exceeded in any given year (1:100 year return flood), as determined by the appropriate approval authority. Along Lake Ontario the regulatory flood plain also includes an allowance for wave up rush and other water related hazards FLOODPROOFING means any combination of structural and non-structural additions, changes or adjustments to structures, which reduce or eliminate flood damage to real estate, improves real property, water and sanitary facilities, and structures and their contents FLOOR AREA, GROSS or GROSS FLOOR AREA means the sum total of the gross horizontal areas of all floors of all buildings or structures on a lot, measured from the interior faces of the exterior walls or from the centre line of the common wall separating two buildings, and the floor area, gross of a building or structure shall also include: a) Basement floor area where the basement ceiling height is 2.1 m (7 ft) or more, unless otherwise specified; b) Attic space having headroom of 2.1 m (7 ft) or more for at least half the attic floor area, unless otherwise specified; c) Interior balconies and mezzanines; d) Enclosed porches and enclosed verandas; e) Elevator shafts and stairwells at each floor, and floor area used for mechanical equipment; and f) Ground floor area devoted to secondary uses in the main building. Floor area contained within a private garage, breezeway, unenclosed porches or unenclosed verandas shall not be included in the floor area calculation FLOOR AREA, GROSS LEASABLE means the total area of a building for which tenants pay rent and have exclusive occupancy, measured from the centreline of partition walls and exterior face of outside walls and includes all such floor area on a main floor, mezzanine and upper storey in a cellar, but does not include: a) Any floor area used in common by the tenants of the building such as a mall, aisle or hallway, elevator shaft or lobby, stairwell, any lunchroom or staff Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 44

58 Section 5 Definitions room, washroom, boiler room, maintenance room, mechanical, electrical or utility room, and any automobile parking facilities provided within the building; and b) Storage area to which the public cannot or does not have access or which is capable of being used for no other purpose than the storage of goods, fixtures and equipment related to an on-site use FLOOR AREA, GROUND means the maximum area of that portion of a lot occupied by a building or structure measured to the outside walls, excluding a private garage in the case of a dwelling FLORIST means a commercial establishment devoted to the sale of flowers and indoor plants and the arrangement thereof FORESTRY USE means the raising and harvesting of wood and, without limiting the generality of the foregoing, includes the raising and cutting of fuel wood, pulp wood, lumber, Christmas trees, and other forest products FOURPLEX DWELLING See DWELLING, FOURPLEX FRONT WALL of a building means the wall which faces the street. In the case of a corner lot, the shortest wall facing a street shall be considered the front wall FRONT YARD See YARD - FRONT FUEL DEPOT means a lot where bulk storage of fuel, including petroleum products and propane, takes place and where wholesaling and retailing of these products is carried on FUNERAL HOME or UNDERTAKING ESTABLISHMENT means a commercial establishment in which a licensed undertaker prepares corpses for viewing and internment by friends and relatives and may include a chapel for funeral services GABLE means the triangular or arched end of an exterior wall in a building with a ridged roof GAMING ESTABLISHMENT means a premise where any banking or percentage game is played with cards, dice or mechanical device or machine for money, Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 45

59 Section 5 Definitions property or any item of value, and includes a place such as a casino or a gambling facility with slot machines or video lottery terminals GARAGE, PRIVATE means a detached accessory building or portion of a dwelling designed for the parking of private vehicles GARAGE, PUBLIC means a building which is used for the care, repair or equipping of motor vehicles, or where such vehicles are parked or stored for remuneration, hire or sale GARAGE SALE or YARD SALE means the sale by an occupant of a dwelling unit, on his or her own premises, of household goods belonging to him or her GARDEN CENTRE means commercial establishment where trees, shrubs or plants are offered for sale, either as retail or wholesale, together with the sale of soil, planting materials, fertilizers, garden literature, hand tools, ceramic or concrete ornamental planters or containers and similar materials but shall not include the sale of power operated lawn mowers or other powered garden tools GARDEN SUITE DWELLING See DWELLING, GARDEN SUITE GATE HOUSE means a building or structure used for the purposes of providing security which shall not be used for human habitation GAS BAR See AUTOMOBILE GAS BAR GIFT SHOP means a building or part thereof in which goods, wares or merchandise or articles are offered or kept for sale at retail, but does not include a convenience store, department store, clothing store, hardware store, variety store, drug store / pharmacy nor grocery store GOLF COURSE means a public or private area operated for the purpose of playing golf and may include a restaurant, driving range, the sale of golf equipment and an assembly hall, all of which are secondary uses to a golf course use GOLF DRIVING RANGE means a public or private area for the purpose of practicing golf driving techniques and is equipped with distance markers, lighting, safety nets, parking areas, golf equipment rental facilities and washrooms, but Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 46

60 Section 5 Definitions does not include a golf course GOVERNMENT OFFICE means a Town office, court house, registry office, health and welfare centre, employment centre, post office or other office used for the purposes of local or other government administration GRADE means: a) When used in reference to a building or structure, the average elevation of the finished surface of the ground measured from a point 0.6 m (2 ft) out from where it meets the exterior wall face of such building or structure, exclusive of any artificial embankment; b) When used in reference to a street, road or highway, the elevation of the street, road or highway established by the Town of Niagara-on-the-Lake or other regulatory body having jurisdiction GRAPPA PLANT means a building or structure or part thereof, used for the distillation of wine products and which is licensed under the Liquor Control Board of Ontario GREENBELT NATURAL HERITAGE SYSTEM means areas of the Protected Countryside within the Ontario Greenbelt Plan 2005, with the highest known concentration of the most sensitive and/or significant natural features and functions GREENHOUSE, COMMERCIAL means a building(s) or protective environment structure(s), including a hoop house designed to optimize maximum solar radiation in which, temperature, humidity, carbon dioxide and air flow can be regulated for the cultivation of plants for the purpose of a commercial enterprise. The retail operation is to be secondary to the greenhouse operation and limited to twenty-five per cent (25%) of the gross floor area of the main use GROCERY STORE means a building or part thereof wherein the primary function is the retail sale of food and other household items to the general public and may include a bake shop, meat and butcher services or delicatessen and which operates on a self-serve cash and carry basis, and may include facilities for parcel pickup GROSS FLOOR AREA See FLOOR AREA, GROSS Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 47

61 Section 5 Definitions GROUP HOME means a supervised living accommodation unit in a residential unit to accommodate persons requiring a group living arrangement for their well being, by reason of emotional, mental, physical, social or legal impairment. The residents live together under responsible supervision, approved by the Province of Ontario and licensed by the Town GUEST BEDROOM means a room used or maintained for the accommodation of the public and which contains no provisions for cooking HABITABLE FLOOR AREA means any room or area in a residential unit designed for living, sleeping, eating, sanitation or the preparation of food HABITABLE ROOM means any room in a residential dwelling unit used, or capable of being used, by one or more persons for living, sleeping, eating or food preparation; but does not include any part of a private garage, bathroom, unfinished attic, laundry room, pantry, corridor, stairwell, storage room or any space used for the service or maintenance of a building or for common access to two or more residential units HARDWARE STORE means a commercial establishment engaged primarily in the indoor sale of hardware and home maintenance and improvement supplies including but not limited to tools, paints, varnishes, wall coverings, window components, finished and semi-finished lumber products, plumbing supplies, garden supplies and cleaning supplies HAZARDOUS LANDS means lands that are unsafe for development due to naturally occurring processes. Along the Lake Ontario shoreline this includes land that may be covered by water and the furthest landward limit of the flooding, erosion or dynamic beach hazard limits HAZARDOUS SITES means lands that are unsafe for development due to naturally occurring hazards and may include unstable soils or unstable bedrock HEALTH FACILITY See FITNESS CENTRE HEIGHT See BUILDING HEIGHT HELIPORT means any area used for the landing and taking-off of helicopters including all necessary passenger, cargo, fuelling and emergency services Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 48

62 Section 5 Definitions facilities HOME IMPROVEMENT CENTRE means a commercial establishment engaged in the sale of goods or materials required for the construction or alteration of buildings, including such merchandise as wall paneling, wood products, sheet glass products, windows and mirrors, floor, wall and ceiling tiles, carpeting, paint and wallpaper, bathroom and kitchen cupboards and plumbing fixtures, landscaping materials and related installation equipment HOME INDUSTRY means an occupation conducted for gain or profit within an accessory building to a single detached dwelling by the resident(s) of the dwelling, and which is secondary to the main agricultural use of the lot HOME OCCUPATION means an occupation, business, trade or craft conducted for gain or profit within a single detached dwelling as a secondary use to the principal residential use by a resident therein HOME PROFESSION means a professional service conducted for gain or profit within a single detached dwelling as a secondary use to a residential unit by a resident therein HOOP HOUSE See GREENHOUSE, COMMERCIAL HOSPITAL means a hospital as defined by the Private Hospitals Act or a hospital as defined by the Public Hospitals Act HOSPITALITY PATIO means part or all of a patio where wine and food may be served but does not include the use of commercial cooking equipment on site in the preparation of food HOSPITALITY ROOM means part or all of a building where wine and food may be served, but does not include the use of commercial cooking equipment on site in the preparation of food HOSPITALITY TENT means part or all of a tent where wine and food may be served but does not include the use of commercial cooking equipment on site in the preparation of food HOTEL means a commercial establishment in which accommodation is provided Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 49

63 Section 5 Definitions for the traveling public, with or without restaurant facilities, and having a minimum of ten (10) guest sleeping rooms or suites and may include among its internal functions a banquet hall, meeting rooms, licensed lounge, convenience store, gift shop and indoor or outdoor commercial recreation facilities and commercial entertainment facilities but does not include adult entertainment facilities or body rub parlour HOUSEHOLD FURNISHINGS STORE means a building or part thereof, used for the retail sale of moveable contents of a room or home and may include furniture, light fixtures, clocks, organs or pianos, carpet and window coverings HOUSE, ROW means three or more dwellings units linked together by a common wall between each unit. The property line for freehold dwelling units shall be the common wall between each unit INDUSTRIAL USE means the use of land, buildings or structures primarily for manufacturing, processing and assembling of goods or raw materials, warehousing and bulk storage of goods, and the repair and servicing of goods including transportation terminals INDUSTRIAL MALL means a building or group of buildings which are planned, developed, managed and operated as a unit, and in which each building contains two or more units or spaces for lease or occupancy for industrial purposes INFRASTRUCTURE means physical structures (facilities or corridors) that form the foundation for development or resource use. Infrastructure includes: sewage and water systems, municipal and private irrigation and drainage systems including dams, sewage treatment systems, waste management systems, electric power generation and transmission including renewable energy systems, communications/telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities INSTITUTIONAL USE means the use of land, buildings or structures for some public or social purpose and may include governmental, religious, educational, charitable, philanthropic, or hospital uses KENNEL, ANIMAL means a secondary use and is a building or structure within which three (3) or more domesticated animals are housed, groomed, bred, boarded, trained or sold and which may offer provisions for minor medical Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 50

64 Section 5 Definitions treatment KEY HYDROLOGIC FEATURE means a key hydrologic feature including permanent and intermittent streams, lakes (and their littoral zones), seepage areas, springs and wetlands. Key hydrologic features are identified within the Environmental Conservation (EC) Zone, the Environmental Conservation Zone Overlay and the Schedules KEY NATURAL HERITAGE FEATURE means a key natural heritage feature including significant habitat of endangered species, threatened species and special concern species, fish habitat, wetlands, life science areas of natural and scientific interest (ANSI), significant valley lands, significant woodlands, significant wildlife habitat, sand barrens, savannahs and tall grass prairies, and alvars. Key natural heritage features are identified within the Environmental Conservation (EC) Zone, the Environmental Conservation Zone Overlay and the Schedules KITCHEN means an area containing equipment for food preparation and storage, base cabinets which are capable of accommodating cooking facilities, and cleaning facilities such as a sink LABORATORY means a building or structure or portion thereof wherein scientific experiments, tests or investigations are conducted and may include the taking and processing of x-rays, and / or where drugs, chemicals, or other substances or articles pertinent to such experiments, tests or investigations are manufactured or otherwise prepared for use on the premises LANDSCAPED OPEN SPACE means the area of a lot which is at finished grade or terraced and primarily used or intended to be used for the growth and maintenance of grass, flowers, trees, shrubbery, natural vegetation and indigenous species and other landscaping and includes any buffer strip, surfaced walk, surface patio, swimming pool, but shall not include any access driveway, ramp, parking area or loading spaces or any open space beneath, above or within any building or structure LANE means a public access not more than 9 m (29.53 ft) in width which affords access to an abutting property, but does not include a private lane, private road or a street. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 51

65 Section 5 Definitions LANE, PRIVATE See PRIVATE LANE LAUNDROMAT or LAUNDRY, COIN OPERATED means a commercial establishment where the service of coin-operated laundry machines, using only water, detergents and additives are made available to the public for the purpose of laundry cleaning LIBRARY, PUBLIC means a building, or part thereof, used for the collection of literary, artistic, musical and reference materials in the form of books, manuscripts, recordings, and films for public use LIQUOR STORE or BEER STORE means a commercial establishment exclusively devoted to the retail sale of liquor, wine and / or beer LIVERY STABLE or CALECHE SERVICE means a stable where horses or horse and carriages are offered for hire and which service is licensed by the Region, and may include ancillary uses such as the repair of harnesses, carriages or equipment, but does not include a blacksmith shop LIVING FENCE means a fence or barrier that is comprised of shrubs, trees, hedges or bushes which separates or purports to separate lands not under common ownership, and which is continuous through the entire length where required except for where access to areas and sight lines are required for traffic and safety purposes LOADING SPACE means an off-street space or berth located on the same lot as a permitted use and used for the parking of a commercial vehicle for the purpose of loading or unloading merchandise or materials pertinent to a permitted use, and which has unobstructed access to the road or lane LOCALLY GROWN means when referring to an estate winery, that the fruit used in the production of wine shall consist entirely of fruit in the first instance grown and harvested within the municipal boundaries of Niagara-on-the-Lake, in the second instance from fruit grown and harvested in the Regional Municipality of Niagara and in the third instance from fruit grown and harvested in the Province of Ontario LODGING HOUSE means a residential dwelling or portion thereof in which roomers or boarders are harboured, received or lodged, with or without meals, for Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 52

66 Section 5 Definitions gain or profit, but shall not include a bed and breakfast establishment, an accessory residential unit, hotel, hospital, nursing home, home for the young or the aged or institution, if the hotel, hospital, home or institution is licensed, approved or supervised under any other general or special Act LODGING UNIT means living accommodation which does not include the exclusive use of both a kitchen and a bathroom LOT means a parcel, or tract of land: a) Which is the whole lot as shown on a registered plan of subdivision, but a registered plan of subdivision for the purpose of this paragraph does not include a registered plan of subdivision which has been deemed not to be a registered plan of subdivision under a By-law passed pursuant to Section 50(4) of the Ontario Planning Act; or b) Which fronts a public highway, road or street and is a separate parcel of land without any adjoining lands being owned by the same owner or owners as of the date of passing of this By-law; or c) The description of which is the same as in the deed which has been given consent pursuant to Section 53 of the Ontario Planning Act; or d) Is the whole remnant remaining to an owner or owners after conveyance made with consent pursuant to Section 53 of the Ontario Planning Act, but for the purposes of this paragraph no parcel of land ceases to be a lot by reason only of the fact that a part or parts of it has or have been conveyed to, or required by the Town, Region of Niagara, Her Majesty in the right of Ontario or Her Majesty in the right of Canada LOT AREA means the total horizontal area within the lot lines of a lot. In the case of a corner lot having street lines rounding at the corner with a radius of 6.09 m (19.98 ft) or less, the lot area of such lots shall be calculated as if the lot lines were produced to their point of intersection LOT, CORNER means where a lot abuts one or more streets of such a curve that the tangents drawn from the street extremities of the lots lines contain an interior angle of not more than 135 0, the lot for the purpose of determining yard requirements shall be considered a corner lot. The corner shall be to the point on the lot nearest to the point of intersection of the tangents. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 53

67 Section 5 Definitions LOT COVERAGE means the percentage of the lot area covered by buildings, including accessory buildings, bay / cantilevered windows, covered porches and verandas, covered decks and covered entrance ways, but not including an inground or above-ground swimming pool, satellite dish, uncovered parking areas or driveways, or uncovered and unenclosed decks, porches or patios LOT DEPTH means the horizontal distance measured between the front and rear lot lines. Where the front and rear lot lines are not parallel, the lot depth is the length of a line joining the midpoints of such lines. In the case of two or more rear lines, lot depth shall be the average of the distance from the front lot line to each point where the angle changes measured at right angles to the front lot line. In the case of a lot with less than four lot lines, the lot depth shall be the distance from the front lot line to the point of intersection of the side lot lines. In the case of a triangular lot, the lot depth means the perpendicular distance from the front lot line to the apex of the angle formed by the intersection of the side lot lines LOT, FIRELANE means a lot having frontage on a private lane or private-right-of way known as a Firelane LOT, FLAG means an interior lot that could fill the middle of an existing block and which is accessed by a narrow frontage from a public street LOT FRONTAGE means the horizontal distance between the side lot lines measured along the front lot line; but, where the front lot line is not a straight line or where the side lot lines are not parallel, the lot frontage shall be measured at a point parallel to the front lot line and distant from the front lot line by the minimum required front yard LOT, INTERIOR means a lot other than a corner lot or a through lot LOT LINE means any line which defines the boundary of a lot LOT LINE, EXTERIOR means the lot line that intersects the front lot line and divides the lot from the street LOT LINE, FRONT means: a) In the case of an interior lot, the lot line that divides the lot from a street; b) In the case of a corner lot that fronts on one or more streets, the shorter lot Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 54

68 Section 5 Definitions line abutting the street unless each lot line is of equal length, in which case the front lot line shall be the lot line onto which the principal means of access is provided; c) In the case of a through lot, the front lot line shall be the lot line where the principle means of access to the building is provided; and d) In the case of a lot having direct frontage on a shoreline or shoreline reserve, the lot line directly adjacent to the shoreline or shoreline reserve LOT LINE, REAR means, in the case of a lot having four or more lot lines, the lot line farthest from and opposite to the front lot line. If a lot has less than four lot lines, the point of intersection of the two side yards shall be deemed to be the rear lot line LOT LINE, SIDE means a lot line other than a front lot line or a rear lot line LOT, THROUGH means a lot having two lot lines which are not adjacent to one another abutting on two or more streets. For the purpose of setback requirements, the lot frontage for a through lot shall be deemed to be the lot line which provides the principal means of access for the building LOT, WATERFRONT means a lot which abuts a shoreline or shoreline reserve and may or may not also abut a street. Refer to the illustrations at the end of this By-law LUMBER YARD See BUILDING SUPPLY ESTABLISHMENT MACHINE SHOP means a building or part of a building used for the repair of household articles and shall include the repair or servicing of communication parts and accessories, electronic devices, television sets, radios, home security systems, satellite systems, computers, furniture, appliance repair shops and other similar uses, but shall not include manufacturing, industrial assembly or motor vehicle repair shops MAIN BUILDING See BUILDING, MAIN MAIN WALL of a building means a wall facing a street. In the case of a corner lot Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 55

69 Section 5 Definitions all walls facing a street shall be considered main walls MANUFACTURING ESTABLISHMENT means a building or part of a building used for the production, compounding, processing, packaging, crating, bottling, packing, or assembling of raw or semi-processed or fully-processed goods or materials MARINA means a commercial establishment providing transient and/or seasonal docking and mooring facilities to the general public where boats are berthed, stored, serviced, repaired or launched. A marina may include land based facilities for the winter storage of boats, sale or rental of boats and boat accessories; the sale of marine fuels and lubricants and a marine supplies establishment, waste water pumping facilities, washroom and shower facilities, a laundromat, launching ramp, boat lift, and administrative offices MARINE SUPPLIES ESTABLISHMENT means a commercial establishment that sells marine supplies such as boat parts, boat accessories or boating accessories MARKET, PUBLIC means a place, building or structure where produce, meat, flowers, fruit, crafts, paintings and other items, largely produced by the vendor, are sold to the public at retail by vendors from individual stalls or stands but shall not include a flea market MEDICAL CLINIC means a commercial establishment used by three (3) or more medical practitioners and their associated staff and offers services for medical, dental, chiropractic, optic or other human health treatment and which may include ancillary administrative offices, laboratories, dispensaries, but shall not include a hospital or other facilities for in-patient care or major surgical procedures MEDICAL OFFICE means a commercial establishment in which not more than two (2) medical practitioners provide consultative, diagnostic and treatment services for humans MEDICAL PRACTITIONER means a practitioner of consultative, diagnostic and treatment services for medical, surgical, dental, chiropractic, optic or other human health care services for the public MICRO-BREWERY means a building used for the making of beer on a small Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 56

70 Section 5 Definitions scale, and may include tasting and dining facilities and the retail sale of related items, which comprises twenty-five per cent (25%) of the total floor area of the facility, to a maximum of 400 m MINERAL AGGREGATE RESOURCES means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act MINIATURE GOLF COURSE means an area of land or a building or structure or part thereof, operated for profit or gain as a commercial place of amusement in which facilities are provided to simulate the game of golf or any aspect of the game on a small scale, but does not include a golf driving range MINI-WAREHOUSE means a building containing separate, individual self-storage units divided from floor to the ceiling by a wall with an independent entrance from the exterior of the building, designed to be rented or leased on a short term basis to the general public for private storage of personal goods, materials and equipment or the storage of goods which will be sold elsewhere or, subsequently, transported to another location for sale or consumption MIXED COMMERCIAL/RESIDENTIAL DEVELOPMENT means a building or structure which is used for a mixture of commercial and residential uses, where the entire ground floor of such building or structure shall be used for commercial purposes MOBILE HOME See DWELLING, MOBILE HOME MOBILE HOME LOT means a parcel of land within a mobile home park which shall be used only for the placement of only one, single or double width mobile home, for the exclusive use of its occupants, and which directly abuts a laneway giving access to a street MOBILE HOME PARK means an area of land used exclusively for the siting of mobile homes, with commercial facilities and recreational uses for park residents, including any building, structure or enclosure of such mobile home park and which remains under single ownership. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 57

71 Section 5 Definitions MONUMENT SALES means a commercial establishment used for the display and sale of cemetery monuments and related articles MOTEL means a commercial establishment consisting of a group of attached or detached living or sleeping rooms with bathroom, located on a single site, accessed by a separate entrance directly from outside of the building, and designed for use by the traveling public and may include restaurant facilities, a banquet hall, meeting rooms, licensed lounge, convenience store, gift shop and indoor or outdoor commercial recreation facilities and commercial entertainment facilities but does not include an adult entertainment facility nor body rub parlour MOTOR VEHICLE SALES OUTLET See AUTOMOBILE SALES ESTABLISHMENT MOTOR VEHICLE SERVICE ESTABLISHMENT See AUTOMOBILE SERVICE STATION MUNICIPAL PARKLAND means an area of public land consisting largely of landscaped open space or other open areas and used primarily for active or passive recreation purposes. Municipal parkland may include outdoor sports field, facilities, picnic areas, playgrounds, recreation trails, public washroom facilities, walkways as defined in this By-law, and other accessory structures such as park furniture, play equipment, service buildings and statues MUNICIPAL UTILITY FACILITY means a lot, building or structure, or a portion thereof, used by the Town or a public authority for the provision of local utility services including a water or waste water pumping station, municipal transportation depot / yard, and road maintenance equipment yard MUNICIPALITY means the Corporation of the Town of Niagara-on-the-Lake MUSEUM means a building or part of a building used for the storing and exhibiting to the general public of objects illustrating antiquities, natural history, art works, sculptures and paintings and may include retail sales as a secondary use NATURAL CORRIDOR means a linear biophysical feature such as a stream, cliff, woodlands, escarpment, ravine, valley, marsh or wetland. These areas serve as essential passageways for native plant and animal species and communities for Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 58

72 Section 5 Definitions such purposes as migratory routes, passage between different habitat types for animals requiring a variety of habitat types to survive, and pathways for the movement and reproductive interchange between different populations of the same plant or animal species NATURAL SELF-SUSTAINING VEGETATION means vegetation dominated by native plant species that includes grass that can grow and persist without direct human management, protection, or tending NAVIGABLE WATERWAY means a navigable body of water or stream deemed under the Beds of Navigable Waters Act and includes any body of water which is capable in its natural state or at normal water level of being navigated by floating vessels for the purpose of transportation, recreation or commerce NEGATIVE IMPACT means: a) In regard to water features, degradation to the quality or quantity of surface or ground water, key hydrologic features or vulnerable areas, and their related hydrologic functions, due to single, multiple or successive development of site alteration activities; b) In regard to fish habitat, the harmful alterations, disruption or destruction of fish habitat, except where, in conjunction with the appropriate authorities, it has been authorized under the Fisheries Act, using the guiding principle of no net loss of productive capacity; and c) In regard to other natural heritage features and areas, degradation that threatens the health and integrity of the natural features or ecological functions for which an area is identified due to single, multiple or successive development or site alteration activities NEIGHBOURHOOD CONVENIENCE STORE See CONVENIENCE STORE NET LAND AREA means the area of a lot owned by a proponent: a) Less any lands which have been or which will be dedicated to the Town for public roads, public pathways, public open space, municipal parkland or public community facilities including, but not limited to libraries, fire stations, and recreation facilities; and b) In a development that contains parks, communal pathways or communal open space uses that are not dedicated to the Town. These are included in Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 59

73 Section 5 Definitions the calculation of net land area. Roads, private roads and lands dedicated to the Town are excluded from the calculation NIAGARA PARKS COMMISSION AREA means the regulation of land by the Niagara Parks Commission (NPC) under the Niagara Parks Act and Regulation 829. The NPC may grant permission for development in or on areas within their jurisdiction and adjacent or close to the Niagara River Parkway NIAGARA PENINSULA CONSERVATION AREA REGULATION AREA means lands subject to regulation by the Niagara Peninsula Conservation Authority (NPCA) under Ontario Regulation 155/ NON-CONFORMING means an existing use or activity on any lot, or within any building, or structure, or portion thereof which does not conform to the list of permitted uses or activities, as of the date of passing of this By-law, for the zone in which such existing lot, building, or structure is located NON-COMPLYING means an existing lot, building, or structure that does not fulfill the requirements of either the specific zone regulations of this By-law for the zone in which the lot, building, or structure is located or the general provisions, but which complied to the applicable regulations and general provisions when the lot was created or the building or structure constructed NON RESIDENTIAL when used in reference to a building or structure or use, shall mean designed, intended or used for purposes other than those of a dwelling unit NURSERY means an establishment where trees, shrubs or plants are grown for the purpose of transplanting and may be offered for retail or wholesale price and may include the sale of soil, planting material and fertilizers, but shall not include the sale of lawn or garden equipment, or powered lawn and garden tools. The retail operation is to be secondary to the nursery operation NURSING HOME means a building licensed under the appropriate provincial statute(s) and wherein food, lodging or nursing care and treatment are furnished, with or without charge NUTRIENT UNIT means an amount of nutrients that give a fertilizer replacement value of the lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 60

74 Section 5 Definitions nutrient (as defined in Ontario Regulation 267/03 made under the Nutrient Management Act) OBNOXIOUS USE means an offensive trade which is offensive or dangerous by reason of emission of odour, smoke, dust, noise, fumes, gas, vibration or refuse matter OCCASIONAL USE means a use which only occurs for a maximum duration of four (4) consecutive weeks or a total of twenty-eight (28) days per year OFFICE, BUSINESS See BUSINESS or PROFESSIONAL OFFICE OFFICE COMPLEX means a freestanding building in which one or more businesses, professions or practices are conducted including associated clerical, administrative, consulting, advisory or training services, but not a medical clinic or veterinary clinic, medical office or veterinary office, or data processing establishment OFFICE, GOVERNMENT See GOVERNMENT OFFICE OFFICE, MEDICAL See MEDICAL OFFICE OFFICE, PROFESSIONAL See BUSINESS or PROFESSIONAL OFFICE OFFICE SUPPLY AND EQUIPMENT SALES, RENTAL AND SERVICE means a commercial establishment devoted to the retailing, rental and servicing of materials used in offices and businesses OFFICE, VETERINARY See VETERINARY OFFICE OPEN STORAGE See OUTDOOR STORAGE OUTDOOR AMENITY AREA means an outside space, immediately adjacent to and accessible from a dwelling, such as a grassed area, garden or deck which shall be available for use by the occupants and guests of a dwelling, bed and breakfast or country inn establishment for leisure activities OUTDOOR DISPLAY AND SALES AREA means an area set aside out of doors, covered or uncovered, which shall be used in conjunction with an established use Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 61

75 Section 5 Definitions or business located on the same lot in adjacent permanent premises for the display or sale of fresh produce and new goods or merchandise OUTDOOR PATIO RESTAURANT means an outdoor area for the purpose of serving food and / or beverages used in conjunction with and secondary to the operation of a restaurant, and shall not include outdoor cooking facilities OUTDOOR PATIO, GOLF COURSE means an outdoor roofless unenclosed area for the purposes of serving food and beverages as a use related to a golf course clubhouse, for the patrons of a golf course or driving range OUTDOOR PRIVACY AREA means an outside space, immediately adjacent to and accessible from a dwelling such as a porch, deck or balcony, which shall be available for use by the occupants of such dwelling for leisure activities OUTDOOR SPORTS PRACTICE FACILITIES means a public or private area operated for the purpose of developing a sporting technique and may include safety nets, lighting, equipment rental, parking area and washrooms, such as a baseball batting practice facility OUTDOOR SPORTSFIELD FACILITIES means an area of land, publicly or privately owned, used for the outdoor playing of soccer, football, field hockey, lacrosse, softball, cricket, baseball, tennis, volleyball, basketball, or lawn bowling or any other sport that requires a large open field OUTDOOR STORAGE or OPEN STORAGE means the storage of goods, materials, merchandise and equipment or the display and sale of goods and materials, including vehicles for hire or sale, outside a building in the open air OUTDOOR THEATRE See THEATRE - OUTDOOR PARAPET means the low protective wall on a balcony or above the cornice of a building PARK MODEL HOME, See DWELLING, PARK MODEL HOME PARK, PRIVATE means a park controlled or owned by a private individual, group or organization and which may not be open to the public. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 62

76 Section 5 Definitions PARK, PUBLIC means a park controlled or owned by the Municipality or a public authority and which is normally open to the public for both active and passive recreations uses and includes landscaped playing fields, play equipment, and accessory buildings and structures PARKING AISLE means a portion of a parking area which abuts, on one or more sides, parking spaces to which it provides access, and which is not to be used for the parking of vehicles PARKING AREA means an area provided for the parking of operable vehicles and includes parking aisles, internal roads, parking spaces and related ingress and egress lanes or a private garage, but does not include any part of a street PARKING LOT means a parking area forming the principal use of a lot and operated by either a private or public organization for public use PARKING SPACE means an area exclusive of any aisles or ingress or egress lanes, usable for the temporary parking or storage of motor vehicles, and may include a private garage. See the table in general provisions Section 6.38 (e) for the minimum parking space dimensions as per parking alignment PARKING SPACE, TANDEM / STACKED means one parking space located immediately behind another parking space in a row PARKING STRUCTURE means a building or structure used for the parking of vehicles and is available to residents, clients, customers or the public with or without a fee being charged and may be above or below finished grade PATIO, OUTDOOR RESIDENTIAL means a platform that may be roofed and enclosed, with or without a foundation, generally attached to or abutting a residential dwelling with or without direct access to the ground, which is not more than 0.6 m (2 ft) above the finished grade PERSON means an individual, association, firm, partnership, corporation, trust, incorporated company, organization, trustee or agent and their heirs, executors or other legal representatives of a person to whom the same can apply according to law PERSONAL SERVICE ESTABLISHMENT means a commercial establishment in Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 63

77 Section 5 Definitions which persons are employed in providing services and administering to the individual and personal needs of persons and shall include, but not be limited to a barber, hairdresser, beautician, aesthetician, tailor, dressmaker, shoemaker, and a tanning salon, but shall not include a body rub parlour or adult entertainment parlour as defined herein. The sale of merchandise shall be permitted only as a secondary use to the personal service provided PET-GROOMING ESTABLISHMENT means a commercial establishment in which facilities are provided for the washing and grooming of dogs and cats but where no boarding or medical treatment of animals takes place PHARMACY See DRUG STORE PHOTO STUDIO See ARTIST STUDIO PHOTOCOPYING SHOP or BLUEPRINTING SHOP means a commercial establishment in which photocopying or blueprinting services are provided to the public and other businesses, but shall not include printing and binding establishments PHOTOFINISHING ESTABLISHMENT means a building or part thereof used primarily for the developing and print processing of film and includes portrait and commercial photography PICK YOUR OWN AGRICULTURAL OPERATION means an agricultural use which is open to the public and provides for the picking of fruits, vegetables, nuts and includes secondary uses that support the agricultural operation PICNIC AREA means an area set aside in a park to accommodate picnic tables and barbecues and shall not include tent and trailer campground PIT means land or land under water from which unconsolidated aggregate is being or has been excavated, and that has not been rehabilitated, but does not mean land or land under water excavated for a building or structure on the excavation site PLAYGROUND means an area of landscaped open space equipped with children's equipment such as slides, swings, or wading pool. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 64

78 Section 5 Definitions POINT OF INTERSECTION means the point at which two street lines abutting a corner lot intersect or if the two street lines meet in a curve, then it is the point at which the projections of the two lot lines abutting the two streets intersect POINT OF RECEPTION refers to the Ministry of the Environment publication PIBS 4709 Interpretation for Applying MOE NPC Technical Publications to Wind Turbine Generators, Version 1.0 which defines a Point of Reception as any point on the premises of a person within 30 m of a dwelling or camping area, where sound or vibration originating from other than those premises is received. A Point of Reception shall include existing or zoned for future use premises; permanent or seasonal residences, hotels / motels, nursing / retirement homes, rental residences, hospitals, campgrounds, and noise sensitive buildings such as schools and places of worship. For the purposes of this By-law, the definition of Point of Reception shall apply to shadow flicker PORCH or VERANDA means a roofed unenclosed structure, attached to a building with or without steps, consisting of a platform no greater than 2 m (6.56 ft) above grade, intended as an outdoor privacy area PORTABLE ASPHALT PLANT means a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process. A portable asphalt plant is not of permanent construction, but is designed to be dismantled and moved to another location as required PORTE COCHERE means a covered structure that is supported by columns or piers which is attached to and extends from the entrance of a dwelling and which is open on at least two (2) sides and is intended for the parking of vehicles. The upper deck may be used as a balcony or enclosed as living space associated with the dwelling POSTAL OUTLET or COURIER SERVICE ESTABLISHMENT means a commercial establishment which provides postal and courier pick-up or drop-off services for letters and parcels to the public. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 65

79 Section 5 Definitions POWER GENERATION, ELECTRIC means the use of land, water, building or structure or part thereof for the generation of electric power PRINCIPAL MEANS OF ACCESS means the front architectural entrance to the building PRINCIPAL USE means the main use of a lot, building, or structure PRINTING AND BINDING ESTABLISHMENT means a commercial establishment or part thereof where the principal use is to furnish a service of printing, lithographing, publishing or binding of periodicals or other written material PRIVACY FENCE means a fence that will visually isolate, screen, conceal, or seclude objects, things, places, or people PRIVATE CLUB See PRIVATE SOCIAL AND CULTURAL FACILITY PRIVATE LANE means a private access which affords access within a property and is not maintained by a public body and shall not include a lane, private road or a street PRIVATE ROAD means a private right-of-way over private property which affords access to abutting lots or dwellings and is not maintained by a public body and shall not include a lane, private lane or a street PRIVATE SOCIAL AND CULTURAL FACILITY or PRIVATE CLUB means any lot, building, or structure or part thereof intended for use by clubs, groups, or organizations for the purposes of providing for meeting places, social functions, regular membership gatherings, and recreation and athletic purposes PRO SHOP means a building or part thereof, where golf and related items or items related to an outdoor sports practice facility located on the site, are offered or kept for sale at retail and includes storage and repair areas and which retail area is limited to a maximum size of 92.9 m 2 (1000 ft 2 ) PROFESSIONAL OFFICE See BUSINESS OFFICE PUBLIC AUTHORITY means any Federal or Provincial agency, school board, Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 66

80 Section 5 Definitions public utility commission, transportation commission, public library board, board of parks management, board of health, board of commissioners of police, or other board or commission or committee or local authority established or exercising any power or authority under any general or special statute of Ontario or Canada with respect to any of the affairs or purposes of the Municipality or any portion thereof, and includes any committee or local authority established by By-law of the Municipality or Ontario Power Generation Corporation or Hydro One PUBLIC HALL See AUDITORIUM PUBLIC LIBRARY See LIBRARY, PUBLIC PUBLIC MARKET See MARKET, PUBLIC PUBLIC SERVICES means the use of buildings or structures and other related works necessary for supplying water, gas, electricity, sewage collection and treatment facilities and other services provided by a public authority PUBLIC USE or CIVIC USE means the use of any lot, building or structure or portion thereof for public use and shall include public parks, community or recreation centres, a cemetery, fire halls, police stations, ambulance stations, Town government offices, public works yard, public libraries, or post office including any building and facilities accessory thereto, but does not apply to essential infrastructure such as the provision of waterlines, sewer lines, road or utility lines provided by agencies such as gas, hydro, cable or the telephone company and does not include schools PUBLIC WASHROOM FACILITIES means a building or part thereof in which toilet and washing facilities are provided for use by the general public PUBLISHING ESTABLISHMENT See PRINTING AND BINDING ESTABLISHMENT QUARRY means land or land under water from which consolidated aggregate is being or has been excavated, and that has not been rehabilitated, but does not mean land or land under water excavated for a building or structure on the excavation site RADIO STUDIO or TELEVISION STUDIO means a building or part thereof, used Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 67

81 Section 5 Definitions for the programming, production, office administration, broadcasting and related activities of radio and television studios REAR YARD See YARD - REAR RECONSTRUCTION means the recreation of a building or structure on its original site based on historical evidence and documentation RECREATION CENTRE See COMMUNITY CENTRE RECREATION TRAILS means an area of open space, publicly or privately owned, for the provision of participatory athletic, recreation or fitness facilities including, pedestrian / nature trails, bicycle trails, multi-use trails, fitness trails, nature trails for the disabled, and cross-country skiing trails RECREATIONAL USE means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic areas, swimming pools, day camps, community centres, snow skiing and other recreational uses, together with accessory buildings and structures, but does not include a track for racing animals, motor vehicles, snowmobiles, all terrain vehicles nor motorcycles RECREATIONAL VEHICLE means any vehicle, or portable structure designed to be towed or carried by a vehicle, which is used for temporary recreational travel and / or accommodation and shall include motor homes, camper trailers, converted buses, boats and boat trailers, snowmobiles and snowmobile trailers, personal watercraft and personal watercraft trailers RECREATIONAL VEHICLE PARK means a parcel of land containing two or more recreational vehicle sites which are used for temporary or seasonal occupancy by recreational trailers, recreational vehicles and tents and which is under single management and ownership and includes all accessory buildings and structures RECYCLING CENTRE means a lot, building, structure, or part thereof, where used material is separated and processed prior to shipment to others who will use those materials to manufacture new products, but does not include a salvage yard or wrecking yard REDEVELOPMENT means the removal of buildings or structures from a lot, or Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 68

82 Section 5 Definitions the creation of lots or change of land use, and the construction of new buildings or structures on the said lot, or the rehabilitation and renewal of an existing building or structure REFRESHMENT AREA means a part of a building where light lunches, snacks, baked goods and non-alcoholic beverages are prepared and offered for sale primarily for immediate consumption on the premises without the employment of waitpersons, and no commercial cooking facilities are allowed. The foods prepared shall reflect the agricultural market nature of the property and nothing shall prevent the preparation, including baking of baked goods, and the heating of soups and other components of light lunches REGIONAL ENVIRONMENTAL CONSERVATION AREA means environmental conservation areas including significant woodlands, significant wildlife habitat, significant habitat of species of concern, regionally significant life science ANSIs, other evaluated wetlands, significant valley lands, and publicly owned conservation lands REGULATORY, EROSION LIMIT See EROSION LIMIT, REGULATORY REGULATORY, FLOOD LEVEL See FLOOD LEVEL, REGULATORY REGULATORY, FLOOD PLAIN See FLOOD PLAIN, REGULATORY RELIGIOUS INSTITUTION or CHURCH means a building including churches, synagogues, mosques, and rectories, owned or occupied by a religious organization or congregation and which is dedicated exclusively to worship and related social and charitable activities. Secondary uses may include a church hall, church auditorium, convent, monastery, office of a clergyperson, cemetery, church school, parish hall, day nursery or a parsonage RELIGIOUS RETREAT means the use of land for religious purposes and includes a place of worship, temporary sleeping accommodation and washroom facilities, and may include cooking facilities RENOVATION means the repair or strengthening of a building or structure to a safe condition, but shall not include its replacement RENTAL OUTLET means a commercial establishment where residential, Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 69

83 Section 5 Definitions industrial, and commercial equipment is kept for rental to the general public and includes such things as lawn and garden tools, bicycles, home furnishings, floor cleaning equipment, masonry tools, painting and decorating equipment, moving tools, plumbing tools, and power tools, and may include as a secondary use the sale of supplies necessary for the operation of said rental equipment REPAIR SERVICE means a commercial establishment used for the provision of maintenance or repair services for goods or equipment, excluding motor vehicles and major recreational vehicles and equipment REQUIRED YARD See YARD, REQUIRED RESEARCH AND DEVELOPMENT ESTABLISHMENT means a building or structure or part thereof which is principally used for research, data collection and manipulation, and / or technical development of information or devices for application in a scientific discipline RESIDENCE, RETIREMENT means a residence providing accommodation primarily for retired persons or retired couples, where each private suite or living unit has a separate private bathroom and separate entrance from a common hall, but where common facilities for the preparation and consumption of good are provided, and common lounges, recreation rooms and medical facilities may also be provided RESIDENTIAL UNIT means a set of self contained habitable rooms located in a building or structure that is used or intended for use as a residential premises which contains kitchen and bathroom facilities that are intended for the exclusive use of the unit and has a private means of egress to the outside of the building or structure, or from a common hallway or stairway inside the building or structure in which it is located RESTAURANT or EATING ESTABLISHMENT means a commercial establishment with seating and tables for public use, where food is prepared and offered for retail sale to the public for immediate consumption either on or off the premises, including a donut shop or licensed dining lounge, but does not include the sale of prepackaged food or beverages requiring no further preparation. A minimum of twenty-five (25 %) of the gross floor area shall devoted to seating and tables for public use. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 70

84 Section 5 Definitions RESTAURANT, DRIVE-IN means a restaurant which does not contain a dining room but where it is intended that patrons consume food within their vehicles while parked on the lot where the restaurant is located RESTAURANT, DRIVE-THROUGH means a restaurant where patrons order and purchase their food from their vehicles and then drive away to consume the food elsewhere, and may be secondary to an establishment that offers sit-down service on the premises as well RESTAURANT OUTDOOR PATIO See OUTDOOR PATIO RESTAURANT RESTAURANT, TAKE-OUT means a commercial establishment where food is prepared, packaged and offered for sale or sold to the public for consumption off the premises of the establishment, and may include delivery of food to the public, and also may include a small area (less than ten per cent (10 %) of the permitted gross floor area) for food consumption on the premises and shall include an ice cream parlour RESTORATION means the recovery of the forms and details of a property or building as it appeared at a particular time by removing work of intervening periods and where necessary, replacing or reproducing missing elements RETAIL STORE means a building or part of a building where goods, wares, merchandise, substances, articles or things are offered for sale at retail directly to the public and includes limited storage of such goods, wares, merchandise, substances, articles or things on the premises to service such store, does not include a convenience store, department store, home improvement centre, restaurant, take-out restaurant, grocery store or retail warehouse RETAIL WAREHOUSE means a large scale single purpose retail facility having a minimum gross lease-able area of 2,000 m 2 serving a regional trade area and storing and displaying products in a warehouse format RIDGE LINE means the summit line of a roof or the line on which the rafters meet RIGHT-OF-WAY or EASEMENT means any right, liberty or privilege in or along or under land, which a person or corporation may have with respect to any land that is legally described in a registered deed or instrument. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 71

85 Section 5 Definitions RIVER OR STREAM VALLEYS means river or stream valleys that have depressional features associated with a river or stream, whether or not they contain a watercourse, the limits of which are determined in accordance with the following rules: Where the river or stream valley is apparent and has stable slopes, the valley extends from the stable top of bank, plus 15 m (49.2 ft), to a similar point on the opposite side. Where the river or stream valley is apparent and has unstable slopes, the valley extends from the predicted long term stable slope projected from the existing stable slope or, if the toe of the slope is unstable, from the predicted location of the toe of the slope as a result of stream erosion over a projected 100-year period, plus 15 m (49.2 ft), to a similar point on the opposite side. Where the river or stream valley is not apparent, the valley extends the greater of: 1) The distance from a point outside the edge of the maximum extent of the flood plain under the applicable flood event standard, to a similar point on the opposite side; and, 2) The distance of a predicted meander belt of a watercourse, expanded as required to convey the flood flows under the applicable flood standard, to a similar point on the opposite side ROAD See STREET ROAD ALLOWANCE means land held under public ownership for the purpose of providing a street ROOF, FLAT means a roof which is not pitched and the surface of which is parallel to the ground ROOF, GABLE means a ridged roof forming a gable at both ends of the building ROOF, GAMBREL means a gabled roof with two slopes on each side, the lower slope steeper than the upper slope ROOF, HIP means a roof with sloping ends and sides ROOF, MANSARD means a roof with two slopes on each of four sides, the lower slope steeper than the upper slope. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 72

86 Section 5 Definitions ROOF, SHED means a roof with one slope. Refer to the illustrations at the end of this By-law ROOM means a singular space within a building comprised of a floor, a ceiling and walls that is capable of being occupied and used by a person(s). It may include such features as closets, cupboards and private sanitary facilities (an ensuite) a sitting area and only one sleeping area. A sleeping area is an area within a room that contains a bed(s) and is not separated by walls containing doors ROOMER or BOARDER means a person other than the lessee, tenant, owner or person related thereto, who rents living accommodation within a dwelling unit, without separate cooking facilities or a separate entrance and where lodging is provided for compensation for a term of not less than 28 days SALVAGE YARD means a lot, including an associated building, structure, or part thereof, used for wrecking, dismantling, storing or selling used goods, wares or materials including, but without limiting the generality of the foregoing, rags, bones, bottles, metals, clothing, furniture, paper, machinery, building materials and vehicles and parts thereof and where such materials are bought, sold exchanged, baled, packed, disassembled or handled for further use SATELLITE DISH or SATELLITE ANTENNA means a parabolic or spherical antenna which receives television or microwave transmissions or other signals from satellites or other devices SCHOOL means an establishment providing educational services and instructional courses for students within the context of the elementary and secondary curriculum of the Province, a college or university and may include a day care centre, but shall not include a commercial school or trade school SCHOOL, COMMERCIAL OR TRADE SCHOOL means a school operated by one or more persons for gain or profit SCHOOL, PRIVATE means an establishment, operated under the jurisdiction of a private board or trustees or governors, a religious organization or a charitable institution, that provides educational services and instruction equivalent to those offered in a place of instruction maintained and operated under the jurisdiction of Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 73

87 Section 5 Definitions the government authority where instruction is given and may include residence buildings for staff and students, provided that such buildings are on the same lot as the place of instruction SCHOOL OF RESTORATION ARTS means a facility under the jurisdiction of a private, non-profit board of directors where the primary function is to teach conservation, assessment and heritage restoration skills relating to internal and external elements of heritage properties with a maximum of forty (40) students at any one time SCREENING or SCREEN means a continuous fence, wall, compact evergreen hedge or combination thereof, supplemented with landscape planting that would effectively screen the property or portion thereof which it encloses SEASONAL HOME GROWN PRODUCE STAND See AGRICULTURAL STAND SEASONAL RESIDENTIAL DWELLING See COTTAGE SECOND-HAND GOODS SHOP means a commercial establishment where used items such as clothes, jewellery, watches, antiques, clocks, flatware, tableware, furniture, house furnishings, or other household or personal effects are sold and may include a pawnbrokers shop, but shall not include a flea market, antique sales store or the storage or sale of building materials and fixtures, vehicles, automobile parts or accessories, scrap material, paper, or other such secondhand or salvaged materials SECONDARY APARTMENT means a second dwelling unit either in or added to an existing single detached dwelling, for use as an independent living facility with provisions within the secondary apartment for cooking, eating, sanitation, and sleeping. Such a dwelling unit is a secondary use to the main dwelling SECONDARY USE means uses secondary to the principal use of the property, including but not limited to, home occupations, home industries, and uses that produce value-added agricultural products from the farm operation on the property SEMI-DETACHED DWELLING See DWELLING, SEMI-DETACHED SENIOR CITIZEN APARTMENT BUILDING means a building consisting of three Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 74

88 Section 5 Definitions (3) or more dwellings designed and intended to be occupied by senior citizens, access to each of which is obtained through a common entrance or entrances from the street level; and the occupants of which obtain access to their dwelling units through the use of common halls SERVICE ESTABLISHMENT means a commercial establishment associated with the provision of a non-personal service or trade including a plumber s shop, painter s shop, carpenter s shop, electrician's shop, or contractor s shop which provide an installation service, and may include areas for indoor product storage and display, but shall exclude automobile uses, a contractor s yard or a photocopying and blueprinting shop SETBACK means the minimum horizontal distance, measured at a right angle between a lot line and the nearest part of any building or structure SETBACK FROM TOP OF BANK means the horizontal distance from the point of the slope or bank where the downward inclination of the land begins or the upward inclination of the land levels off to the nearest point of any main wall of any building or structure SETBACK FROM WATER means the horizontal distance between the normal or controlled high water mark of any navigable waterway and the nearest part of any main wall of any building or structure SETBACK LINE means a line, the location of which is defined in this By-law, the purpose of which is to establish the closest points to a street line at which a building or structure or vertical projection thereof may be located or is located SHOPPING CENTRE means a building or group of buildings on an individual lot containing a group of commercial establishments which is planned, designed, and developed as a unit and may be enclosed and having an off-street parking area, loading area, open space and other shared facilities provided on the site SIDE YARD See YARD - SIDE SIGHT LINE means the unobstructed view along a street while traveling, with a 91.4 m (300 ft) sight line being a safe unobstructed distance SIGHT TRIANGLE or CORNER SIGHTLINE TRIANGLE means the triangular Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 75

89 Section 5 Definitions space formed by two intersecting street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 12.2 m (40.03 ft) measured along the street line from the point of intersection of the street lines SITE PLAN means a scaled drawing clearly showing the relation between the lot lines and the uses, buildings or structures existing or proposed on a lot, including such details as parking areas, driveways, walkways, landscaped areas, lighting, existing and proposed grading, on-site servicing, building areas, minimum yards, building heights, floor areas, densities and areas for special uses SINGLE DETACHED DWELLING See DWELLING, SINGLE DETACHED SMALL MOTOR EQUIPMENT SALES AND SERVICE ESTABLISHMENT means a commercial establishment used for the retail sale, assembly and servicing of small motorized equipment which shall include, but not necessarily be limited to, lawn mowers, snow blowers, generators, pumps, outboard motors and related parts and accessories SPECIAL EVENTS means an event held for profit or non-profit and includes annual charity events, and non-charity events such as the air show and auto fest at the airport, but does not include events such as weddings SPECIALTY RETAIL STORE means a commercial establishment which offers for sale or rent one merchandise line or a limited number of closely related merchandise lines and, without limiting the generality of the foregoing, may include such establishments as a book store, art store, framing store, florist shops, etc., but shall not include a convenience store, grocery store, department store or auto-oriented department store STORE, RETAIL See RETAIL STORE STOREY means that portion of a building or structure which is situated between the surface of any floor and the surface of the floor next above it, or any portion thereof and, if there is no floor above it, that portion between the surface of any floor and the ceiling above it STOREY, ONE-HALF means the portion of the building situated wholly or in part within the roof and in which there is sufficient space to provide a height between finished floor and finished ceiling of at least 2.3 m (7.54 ft) over a floor area equal Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 76

90 Section 5 Definitions to at least fifty per cent (50 %) of the areas of the floor next below STORM WATER MANAGEMENT FACILITIES means open space intended for the temporary surface storage of storm water during and after a rainfall STREET means the right-of-way of a public street, road or highway which affords the principal access to abutting lots and does not include a lane, private lane, or a private road or an unopened road allowance STREET LINE means the limit of the road allowance and is the dividing line between a lot and a street STRUCTURE means anything constructed, erected, or built permanently or temporarily, and which is fixed to or resting on or in the ground, or to a building, or floated or suspended in a water body or on its bed SUITE or SUITE OF ROOMS means rooms that are common to each other (adjacent and interconnected) and served with one or more entrances and capable of being occupied and used by person(s). These rooms may include such features as closets, cupboards and private sanitary facilities (an ensuite), sitting areas and sleeping areas SWIMMING POOL, ABOVE GROUND and INGROUND means a privately owned outdoor body of water constructed for swimming, diving or bathing which has a possible water depth of greater than 0.6 m (2 ft) TAKE-OUT RESTAURANT, See RESTAURANT, TAKE-OUT TANDEM PARKING SPACE See PARKING SPACE, TANDEM TAVERN means a building where alcoholic beverages are sold to be consumed on the premises and shall include such buildings operating or liable to be licensed under the Liquor License Act, but does not include an adult entertainment establishment or a body rub parlour TAXI ESTABLISHMENT means a commercial establishment used as a dispatch office or for the parking of taxis not engaged in transporting persons or goods TELECOMMUNICATION SERVICES means the provision of telephone and other Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 77

91 Section 5 Definitions telecommunication services to the public and may include satellite communication services, telephone communication services, telephoto services, teletype services, tickertape services, or broadband services TELEVISION STUDIO See RADIO STUDIO TEMPORARY BUILDING means a building and structure, including a mobile home, incidental to and accessory for the lawful construction work, and which is used only for so long as the same are necessary for construction work to continue, and if a building permit has been issued for its use TENT AND TRAILER CAMPGROUND or CAMPGROUND means a parcel of land providing overnight or short term accommodation for trailers, motor homes, and tents, but not a mobile home dwelling, and includes services and facilities normally incidental and subordinate to such a use including common washroom lavatory and bathing facilities, indoor and / or outdoor recreation areas, picnic areas and an entrance kiosk THEATRE See COMMERCIAL ENTERTAINMENT ESTABLISHMENT THEATRE - OUTDOOR means an outdoor stage or structure used for the presentation of the performing arts or music THE COMMONS, See COMMONS, THE TOP-OF-BANK means the point of the slope where the downward inclination of the land begins, or the upward inclination of the land levels off TOTAL DEVELOPABLE AREA means the total area of the property less the area occupied by key natural heritage features and key hydrologic features, including any related vegetation protection zone TOWN means the Corporation of the Town of Niagara-on-the-Lake TOWNHOUSE BLOCK means a group of townhouses within a plan of subdivision within a municipal block TRAILER means a vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by a motor vehicle Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 78

92 Section 5 Definitions and capable of being used for the temporary living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed, and does not include a mobile home TRANSPORTATION DEPOT means a lot, building, structure, or part thereof, used for the dispatch, storage, and maintenance of vehicles, excluding trucks, but shall not include an automobile service station, automobile sales or rental outlet, or taxi establishment TRANSPORTATION TERMINAL means a building and / or lot where buses or trains, airplanes or boats pick up and discharge fare-paying passengers, with or without secondary business offices, retail stores, or restaurants TRUCKING OPERATION means a lot, building, structure, or part thereof, where trucks, trailers or containers are loaded or unloaded, stored or parked for remuneration or from which trucks or containers are dispatched as common carriers or where goods are stored temporarily for further shipment or where other fleet vehicles are stored or parked UNENCLOSED means a space that is open and not enclosed by walls, windows or a combination thereof on at least one (1) side and may or may not be covered UNDERTAKING ESTABLISHMENT See FUNERAL HOME USE when used as a noun, means the purpose for which any lot, building, structure or premises, or part or combination thereof, is arranged, designed or intended to be used or is occupied and uses shall have a corresponding meaning. Use when used as a verb, or to use shall include anything done or permitted by the owner or occupant of any lot, building, structure or any part thereof, directly or indirectly or by or through any trustee, tenant, servant or agent acting for or with the knowledge and consent of the owner or occupant, for the purpose of making use of the said lot, building structure or any part thereof VEGETATION PROTECTION ZONE means a vegetated buffer area of grass surrounding a key natural heritage feature or key hydrologic feature within which only those land uses permitted within the feature itself are allowed. The width of the vegetation protection zone is to be determined when new development or site alteration occurs adjacent to a key natural heritage feature or key hydrologic feature, and is to be of sufficient size to protect the feature and its functions from Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 79

93 Section 5 Definitions the impacts of the proposed change and associated activities that will occur before, during, and after construction, and where possible, restore or enhance the feature and / or its function VEHICLE, COMMERCIAL See COMMERCIAL VEHICLE VEHICLE, INOPERABLE means an unlicensed motor vehicle with or without the wheels, chassis, etc. removed VEHICLE, MOTOR means an automobile, truck or other vehicle, including motorized construction equipment or farm equipment, motor home, motorcycle, snowmobile, boat, recreational vehicle, and also including a trailer or farm implement or any other device which is capable of being driven, propelled or drawn by any kind of power, but shall not include a bicycle or any other device powered solely by means of human effort VEHICLE, RECREATIONAL See RECREATIONAL VEHICLE VERANDA See PORCH VETERINARY CLINIC or ANIMAL HOSPITAL means a building or part thereof used by a qualified veterinarian(s) and their associated staff and services for the purpose of consultation, diagnosis, treatment of animals, but does not have outdoor kennels or indoor boarding facilities except for overnight stays for animal recovery VETERINARY OFFICE means a building or structure, wherein animals may be diagnosed, groomed and treated by a registered veterinarian, which shall not include facilities for the boarding of animals VIDEO RENTAL means a commercial establishment, used for the rental of videos and equipment but does not include an adult entertainment store. Secondary uses may include the sale of videos and accessories or snack foods, restricted to a maximum of twenty-five per cent (25 %) of the gross floor area WALKWAY means open space, publicly or privately owned, for use by the public and may include a waterfront pathway which is located adjacent to or in close proximity to a water body. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 80

94 Section 5 Definitions WALL FACE means the outside wall of a building at grade WAREHOUSE means a building or structure, or part thereof, which is used primarily for the storage of goods or materials and which may include as a secondary use, a wholesale establishment WAREHOUSE, RETAIL See RETAIL WAREHOUSE WASTE DISPOSAL SITE means a place where garbage, refuse or domestic or industrial waste is disposed or dumped WATER FEATURE 1 means portion of a watercourse in a natural form with the ability to sustain a fish habitat, and may include municipal drains and irrigation channels WATER FEATURE 2 means a portion of a watercourse with the ability to contribute to fish habitat, but also includes municipal drains and irrigation channels WATER SUPPLY means a distribution system of underground piping and related storage, including pumping and purification appurtenances, owned and operated by the Regional Municipality of Niagara for public use WATER BODY means any bay, lake, Lake Ontario, Niagara River, Welland Canal or the Hydro Reservoir but excludes a municipal drain or irrigation channel WATERFRONT PATHWAY See WALKWAY WEATHER CANOPY means a permanent, unenclosed roof structure erected for the purpose of sheltering vehicle fuel pumps and pump islands from the weather WETLANDS mean lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens WHOLESALE ESTABLISHMENT means a building, structure, or part thereof, Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 81

95 Section 5 Definitions used for the storage or distribution of goods in large bulk or quantity to a business or person other than the end user or consumer WIND ENERGY SYSTEM means a renewable electrical generation facility that produces power from wind primarily to provide all, or a portion of, the electrical power needs for a user or to feed into the transmission or local distribution grid. A Wind Energy System shall mean a single wind turbine, outbuildings, access roads, and distribution lines. This definition does not include anti-frost wind machines, or any turbine designed specifically to only circulate air. A wind energy system is not considered to be an accessory use under Section 6.1 of this Bylaw WIND TURBINE means a machine for producing power in which a wheel or rotor is made to revolve by a flow of air. A wind turbine is considered to be the part of a wind energy system encompassing the rotor (including turbine blades), generator, tail and supporting structure. Supporting structure may include a guyed or free standing structure that supports the turbine, or be an existing building or structure on which the turbine is located. The following scales of turbine are recognized by this By-law: a) Micro Scale: means any wind energy system with a wind turbine height less than 16.6 m. b) Small Scale: means any wind energy system with a wind turbine height ranging between 16.6 m and 36 m. A Small Scale Wind Energy System shall have a blade diameter not greater than 20 m. c) Medium Scale: means any wind energy system with a turbine height greater that 36 m, and less than 100 m d) Large Scale: means any wind energy system utilizing a wind turbine greater than 100 m in height. Multiple Large Scale Wind Energy Systems are considered projects using multiple turbines, where one or more of the turbines exceed 100 m in height. Multiple Large Scale Wind Energy Systems are used for the purposes of s single energy generation project that is contained within one lot, or located across multiple lots. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 82

96 Section 5 Definitions WIND TURBINE HEIGHT Refers to the total height of a wind turbine measured from the base of the supporting tower to the tip of a turbine blade at its highest point WINERY PRODUCTION FACILITY means a building used for the processing of locally grown grapes and fruit for wine and includes tank and barrel storage, bottling facilities and a retail area. The retail area for selling of wine produced onsite shall be limited to 93 sq. m. (1000 sq. ft.) of floor area WOODLANDS mean areas that provide environmental and economic benefits to both the private landowner and the general public, such as erosion prevention, hydrological and nutrient cycling, clean air and the long-term storage of carbon, provision of wildlife habitat, outdoor recreational opportunities, and the sustainable harvest of a wide range of woodland products. Woodlands include woodlots or forested areas and vary in their level of significance at the local, regional, and provincial levels and are a minimum of 2 ha in the urban areas and 4 ha outside the urban areas WRECKING YARD means an area of land licensed by the Ministry of the Environment and the Regional Niagara Police Services Board for the storage and processing of wrecked vehicles YARD means that part of a lot extending from a lot line into the lot to the nearest wall of a main building and measured at right angles to the lot line and which space is open, uncovered or unoccupied from the ground to the sky except for such accessory buildings or structures or uses as are specifically permitted elsewhere in this By-law. Yard distances shall be measured from the foundation wall or in the case of a covered porch, balcony or veranda, from the front face of the covered porch, balcony, or veranda YARD - FRONT means a yard that extends across the full width of a lot measured at right angles to the front lot line. Front yard depth means the least horizontal dimension between the front lot line of the lot and the nearest part of any building or structure on the lot YARD - REAR means a yard that extends across the full width of a lot, (or in the case of a corner lot extending from the exterior side yard abutting a street to the side lot line), measured at right angles to the rear lot line. Rear yard depth means the least horizontal dimension between the rear lot line of the lot and the nearest Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 83

97 Section 5 Definitions part of any building or structure on the lot YARD - SIDE means a yard that extends from the front yard to the rear yard measured at right angles to the side lot lines. Side yard depth means the least horizontal dimension between the side lot line of the lot and the nearest part of any building or structure YARD - SIDE, EXTERIOR means a yard that extends from the front yard to the rear lot line measured at right angles to the side lot line abutting a street line. Refer to the illustrations at the end of this By-law YARD, REQUIRED means the minimum yard required by the provisions of this By-law YARD SALE See GARAGE SALE ZONE means an area delineated on the Zoning Map Schedule and established and designated by this By-law for one or more specific uses. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 84

98 Section 6 General Provisions Section 6: General Provisions Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 85

99 Section 6 General Provisions SECTION 6: GENERAL PROVISIONS 6.1 ACCESSORY BUILDINGS AND STRUCTURES The maintenance and use of accessory buildings and structures shall comply with the regulations of the applicable zone, except as otherwise provided for in this section. a) An accessory building or structure, or part thereof, is permitted on a lot provided that: 1) Not more than eight per cent (8%) of the lot area is occupied by the accessory buildings or structures. However, an outdoor in-ground swimming pool may be permitted to exceed eight per cent (8%) of the lot area in accordance with Section 6.1 (e) below; 2) No detached building or structure shall be located closer than 1.2 m (3.94 ft) to a main building. 3) Except as otherwise provided, shall not be located in a front yard. b) Unless otherwise specified in this By-law, an accessory building or structure shall not exceed 6 m (19.69 ft) to the peak of the roof in height except as provided for in Section 6.21, Height Restrictions Exceptions; c) No accessory building or structure shall be used for human habitation except for a building or mobile home used for farm help accommodation in an Agricultural (A) Zone; d) The following structures are exempt from the requirements of setbacks: 1) A fence, boundary wall less than 1.2 m (3.94 ft) in height; 2) Docks, boathouses, retaining walls, sidewalks, pavements, bollards, curbs or open air surfaced areas; 3) Mailboxes, clothesline poles, newspaper or dispensing boxes; 4) Planters, statues, sculptures, birdbaths, play equipment less than 1.2 m (3.94 ft) in height; 5) Pillars (less than 1 m 2 ) but shall not include any other landscape features which have a continuous foundation; e) Despite any other provisions to the contrary, an outdoor swimming pool and its associated mechanical equipment, shall be located, altered, erected or renovated in accordance with the following provisions: 1) An outdoor in-ground swimming pool with related structures or Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 86

100 Section 6 General Provisions equipment not exceeding 0.15 m (0.5 ft) in height above finished grade, shall be set back a minimum of 1.5 m (5 ft) from any lot line, and shall be setback a minimum of 7.5 m (24.6 ft) from the stable top of slope. A setback of less than 7.5 m (24.6 ft) from stable top of slope may be considered subject to the findings and recommendations of a geotechnical/slope study, and in consultation with the Niagara Peninsula Conservation Authority. 2) An outdoor above ground swimming pool or an outdoor in-ground swimming pool with related structures or equipment placed at finished grade and with a height greater than 0.15 m (0.5 ft), shall be set back a minimum of 1.5 m (5 ft) from any lot line, and shall be setback a minimum of 7.5 m (24.6 ft) from the stable top of slope. A setback of less than 7.5 m (24.6 ft) from stable top of slope may be considered, subject to the findings and recommendations of a geotechnical / slope study, and in consultation with the Niagara Peninsula Conservation Authority. 3) No outdoor swimming pool accessory to a permitted residential use shall be located in any part of a front or required exterior side yard. 4) Despite Section 6.1(b) above of this By-law, the maximum outdoor pool height shall not exceed 2.13 m (7 ft) from finished grade, excluding related structures and equipment which shall not exceed 4.57 m (15 ft) above finished grade. 5) Notwithstanding sub-section (1) and (2) above, a swimming pool shall be setback in accordance with the provisions identified in the EC Zone of the Agricultural Zoning District or each of the Environmental Conservation Zone Overlays in the Urban Community Zoning Districts. f) Air conditioning units and heat pumps shall be permitted in the front and rear yards only and be appropriately screened and buffered. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 87

101 Section 6 General Provisions 6.2 AGRICULTURAL STANDS AND SEASONAL HOME GROWN PRODUCE STAND a) Agricultural stands or seasonal home grown produce stands along the side of a municipal or regional road must be located off of the road right-of-way and setback 6.0 m (19.69 ft) from the property line; b) The maximum size of agricultural stands and seasonal home grown produce stands shall be 18.5 m 2 c) Parking shall be provided in accordance with the requirements of Section 6.39, Parking Space Requirements; d) The stand must not be located within m (50 ft) of any intersection; e) Signage for an agricultural stand or seasonal home grown produce stand shall be in accordance with the Town s Sign By-law. [See Section 6.31 for Niagara Park Commission s requirements for signage and access onto the Niagara River Parkway]; f) A sight line of 91 m ( ft) must be provided and maintained at the entranceway to the stand. g) Parking for agricultural stands and home grown produce stands located along the Niagara River Parkway will be restricted to a location behind the produce or agricultural stand. h) A permit is required from the Niagara Parks Commission for agricultural stands and home grown produce stands within 45 m (148 ft) of the Niagara River Parkway or within 395 m (1296 ft) from the centre point of an intersection, as per the Public Transportation and Highway Improvement Act [See Section 6.31 for Niagara Park Commission s requirements for signage and access onto the Niagara River Parkway]. 6.3 AMENITY AREA a) The minimum amenity area requirements for each residential unit in a mixed use building shall be provided in accordance with the following: Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 88

102 Section 6 General Provisions Table 6-1: Minimum amenity space in a Mixed Use Building TYPE OF UNIT MINIMUM REQUIRED AMENITY AREA Bachelor and 1 Bedroom Unit 10 m 2 2 Bedroom Unit 35 m 2 3 Bedroom Unit 60 m 2 4 Bedroom and over 85 m 2 b) Except for a senior citizen apartment dwelling or where otherwise provided herein, where a building contains ten (10) or more apartment units, an equipped children s play area shall be provided at a rate of 2.5 m 2 per residential unit. The minimum size of such equipped children s play area shall be 46 m 2, while the maximum size of such equipped children s play area shall be 140 m 2 ; c) Amenity areas shall be designed and located so that the length does not exceed four (4) times the width; d) Outdoor amenity areas for bed and breakfast establishments shall be a minimum of 47 m 2 with no dimension less than 6.0 m (19.69 ft); and e) Amenity areas for Country Inns shall be a minimum of 139 m AUTOMOBILE SERVICE STATION AND AUTOMOBILE GAS BAR a) Fuel pumps and fuel pump islands may be located in any required yard; however, no portion of any fuel pump or pump island shall be erected closer than 6.0 m (19.69 ft) from any property line; b) The minimum distance from the intersection of the front and side lot line to the nearest ingress and egress ramp shall not be less than 9.0 m (29.53 ft); c) The maximum width of a curb ramp at the front or side lot line shall not be more than 7.0 m (22.96 ft); d) The minimum distance between ramps shall not be less than 9.0 m (29.53 ft); Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 89

103 Section 6 General Provisions e) A weather canopy may be erected over fuel pumps and fuel pump islands or may be extended from the main building to the pump island, however a minimum setback of 3.0 m (9.84 ft) is required between the extent of the weather canopy and any lot line; f) Where the lot is a corner lot, no portion of any weather canopy shall be located within any sight triangle; and g) A 3.0 m (9.84 ft) landscape strip shall be provided across the frontage and, if located on a corner lot, along the exterior side yard of the subject lot. 6.5 BED AND BREAKFAST ESTABLISHMENTS Where permitted by this By-Law, bed and breakfast establishments are subject to the following regulations: a) The bed and breakfast establishment shall have the owner/operator and host or principal shareholder of a corporation where the building owner is a corporation, residing on the premises; b) A bed and breakfast establishment shall only be permitted in a single detached dwelling and shall not contain more than three (3) rooms for hire and shall have a maximum occupancy load of ten (10) persons per establishment. c) The bed and breakfast operation shall be a secondary use to the main residential use of a single detached dwelling and the owners shall maintain the residential character of the dwelling; d) The floor area of the dwelling devoted to the bed and breakfast establishment may exceed twenty-five per cent (25 %); e) In addition to any off-street parking required for the dwelling containing the bed and breakfast establishment, there shall be a minimum of one (1) parking space provided on the lot for each guest bedroom, and these parking spaces shall not be located in the required front yard. The required parking spaces may include tandem or stacked parking to a depth of two (2) vehicles in an existing driveway; f) In addition to having adequate on-site parking, a bed and breakfast establishment shall have a minimum site area of 47 m 2 ( ft 2 ) to Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 90

104 Section 6 General Provisions accommodate on-site outdoor amenity area(s) and provide a buffer strip between adjacent uses; g) Signage for the bed and breakfast establishment shall be in accordance with the requirements of the Town s Sign By-law and as per the requirements of the Niagara Parks Commission where located along the Niagara River Parkway; h) See Section 6.31 for Niagara Parks Commission s requirements for access onto the Niagara River Parkway; i) Bed and breakfast establishments must front on a public road or the Niagara River Parkway and be fully serviced with water and sewage disposal services approved by the Town on lands within the urban boundary, and by the Niagara Regional Public Health Department for lands located outside an urban area boundary. j) A bed and breakfast establishment shall not be licensed to serve alcoholic beverages. k) A bed and breakfast establishment shall be licensed and must pay a licensing fee to the Town of Niagara-on-the-Lake. 6.6 BUFFER STRIP a) Where a buffer strip is required in any zone, it shall be of a minimum width and height as specified in the provisions of that zone; b) A buffer strip shall be located within the zone for which it is required. It shall be planted, nurtured and maintained by the owner of the lot on which the buffer strip is located and the replacement of trees and plants shall be made when such plants have died or been removed; and c) A buffer strip may form part of any required landscaped open space. 6.7 BUILDING RECONSTRUCTION, RENOVATION AND RELOCATION a) Any building or structure which in the opinion of the Chief Building Official sustains major damage that is more than fifty per cent (50 %) of its value, shall not be repaired or reconstructed unless it complies with the provisions of this By-law, except in the case of a dwelling, in which case it may be Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 91

105 Section 6 General Provisions reconstructed provided that the dimensions of the building are not increased, and the yards appurtenant thereto are not reduced, except in accordance with the provisions of this By-law; and b) Nothing in this By-law shall be deemed to prohibit the moving to another location within the same zone category any dwelling in existence at the date of passing of this By-law, with the exception of the following; 1) In addition to the general policies of the MDS Implementation Guidelines, MDS I also applies specifically to development reconstruction, provided the reconstruction is no closer to a livestock facility than prior to the damage. 2) In addition to the general policies of the MDS Implementation Guidelines, MDS II also applies specifically to the reconstruction of livestock facilities in case of damage, provided that the new livestock facility does not result in increases for the values odour potential, nutrient units factor, the orderly expansion factor, nor manure storage compared to what existed at the livestock facility prior to the damage. 6.8 BUILDING RECONSTRUCTION, RENOVATION AND RESTORATION [DESIGNATED BUILDINGS] Nothing in this By-law shall prevent the reconstruction, renovation, repair or restoration of a designated building or structure as designated under Part IV or Part V of the Ontario Heritage Act that is a non-conforming use or a noncomplying building. 6.9 CONTINUATION OF AGRICULTURAL USES Nothing in this By-law shall prevent the existing use as of the date of passing of this By-law, of any land, building or structure for agricultural purposes COUNTRY INNS a) A Country Inn shall be subject to an amendment to the Zoning By-law; b) A Country Inn must front on a public road or the Niagara River Parkway and be fully serviced with water and sewage disposal services approved by the Town on lands within the urban boundary and by the Niagara Region for lands located outside an urban area boundary. c) A Country Inn located outside of the urban area boundary shall contain a Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 92

106 Section 6 General Provisions maximum of up to six (6) rented rooms. d) A Country Inn must obtain a license from the Town and pay the required licensing fee in order to operate in accordance. e) A Country Inn shall be subject to a Site Plan Control Agreement pursuant to Section 41 of the Ontario Planning Act; f) A Country Inn shall provide for the relaxation of the guests and hosts, an outdoor amenity area of a minimum of 139 m 2 (1,496 ft 2 ) with an additional 9 m 2 (97 ft 2 ) for each rented room beyond three (3); g) Off street parking shall be provided in accordance with Section 6.39, Parking Space Requirements, and shall be screened from view from the public street and shall not be located in the required front yard or required exterior side yard setback; h) Signage for the Country Inn shall be in accordance with the requirements of the Town s Sign By-law, and as per the requirements of the Niagara Parks Commission where such use is located along the Niagara River Parkway; and, i) See Section 6.31 for Niagara Parks Commission s requirements for access onto the Niagara River Parkway DANGEROUS USES No land, building or structure shall be used for the industrial manufacture of coal oil, rock oil, fuel oil, burning fluid gas, naphtha, benzene, gasoline, dynamite, dualene, nitroglycerine, gunpowder, petroleum products or other combustible or inflammable or liquid material which is likely to create a danger to health or danger from fire or explosion, except as otherwise specifically provided for in this By-law DEVELOPMENT ALONG THE NIAGARA RIVER PARWAY See NIAGARA RIVER PARKWAY, DEVELOPMENT ALONG THE 6.13 ESTATE WINERIES Estate wineries shall be subject to a site specific amendment to the Zoning Bylaw, and in accordance with the following: Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 93

107 Section 6 General Provisions a) Seventy-five per cent (75 %) of the lands shall be planted and kept in vineyard production; b) All wines produced shall be made from locally grown fruit that is crushed and fermented on site; c) All estate wineries shall have the capability to bottle all the wine produced on site. d) Off street parking shall be provided in accordance with the requirements of Section 6.39, Parking Space Requirements; e) Secondary uses shall be permitted in accordance with the following: 1) Permitted secondary uses shall be restricted to the retail sale of wine, hospitality room, an outdoor special event tent and an agricultural market; 2) The maximum total floor area for all secondary uses shall be limited to 400 m 2 (4,306 ft 2 ) with each individual secondary use not exceeding 140 m 2 (1,507 ft 2 ); f) Shall comply with the following lot requirements and building setbacks: 1) Minimum lot area on existing lot of record ha (20 ac) 2) Minimum lot area for a new lot ha (40 ac) 3) Minimum lot frontage m (200 ft) 4) Minimum front yard m (49.2 ft) 5) Minimum interior side yard m (49.2 ft) 6) Minimum exterior side yard m (49.2 ft) 7) Minimum rear yard m (49.2 ft) 8) Maximum building height...11 m (36 ft) 9) Minimum setback from the Niagara River Parkway m (200 ft) 10) Maximum building coverage / building face shall be limited to 75% of the lot width. g) Outdoor special events shall comply with the following provisions: 1) All outdoor activity shall cease at 10:00 p.m. 2) No amplified music shall be permitted. 3) Event tents will be removed within twenty-four (24) hours of the event. 4) An outdoor event tent shall be permitted between May 1 st and October 31 st of each year. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 94

108 Section 6 General Provisions 5) A maximum number of twenty-four (24) events will be permitted each year. 6) A maximum number of seventy-five (75) guests are permitted for each event. 7) A maximum of one (1) event is permitted at any one time. 8) Off street parking for the outdoor special event is to be provided on-site in accordance with the requirements of Section 6.39, Parking Space Requirements; h) Outside winery operations and storage of goods and materials including refuse containers shall be fully screened from view of adjacent properties by means of fencing and / or landscaping features; i) The location for bus parking shall be provided at the rear of the building. j) See Section 6.31 for Niagara Parks Commission s requirements for access onto and signs along the Niagara River Parkway; and, k) Shall be subject to a Site Plan Control Agreement pursuant to Section 41 of the Ontario Planning Act EXISTING LOTS Legally created existing lots as of the date of passing of this By-law having less than minimum lot frontage or lot area required by this By-law, may be developed for the use(s) permitted in the zone within which the lot is zoned, provided all other regulations of this By-law are satisfied, and such lots can be safely serviced FARM HELP ACCOMMODATION Farm help accommodation buildings may be permitted as an accessory building to an agricultural operation provided that: a) The total floor area of the farm help accommodation buildings shall not exceed 280 m 2 (3,013 ft 2 ); b) The setbacks for the farm help accommodation building shall be in accordance with the building setback requirements of the Agricultural (A) Zone; and Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 95

109 Section 6 General Provisions c) The maximum building height for a farm accommodation building shall not exceed 9.75 m (32.02 ft) FARM WINERIES OR COTTAGE WINERIES Farm wineries associated with and part of an agricultural operation shall be permitted provided that: a) All wines produced shall be made from fruit grown exclusively on the site that are also crushed and fermented on site; b) All wines shall be bottled on site; c) Off street parking shall be provided in accordance with the requirements of Section 6.39, Parking Space Requirements; d) Secondary uses shall be limited to the retail sale of wine which shall not exceed 18.5 m 2 of floor area, and shall comply with the licensing requirements of the Provincial government; e) Shall comply with the following lot requirements and building setbacks: 1) Minimum lot area on existing lot of record ha (10 ac) 2) Minimum lot area for a new lot ha (40 ac) 3) Minimum lot frontage m ( ft) 4) Minimum front yard m (49.2 ft) 5) Minimum interior side yard m (49.2 ft) 6) Minimum exterior side yard m (49.2 ft) 7) Minimum rear yard m (49.2 ft) 8) Maximum building height m (34.45 ft) f) Outside winery operations and the storage of goods and materials, including refuse containers, shall be fully screened from view of adjacent properties by means of fencing and /or landscaping features. g) See Section 6.31 for Niagara River Commission s requirements for access onto and signs along the Niagara River Parkway FENCING Where a fence is constructed, the height and location will be determined as regulated in the Town s Fence By-law, as revised from time to time. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 96

110 Section 6 General Provisions 6.18 FLOODPROOFING AND EROSION CONTROL Adjacent to or in Lake Ontario or the Niagara River, any building or structure which requires flood proofing, as determined by the appropriate approval authority, shall be flood-proofed to the regulatory flood level and protected from erosion hazard GARBAGE AND REFUSE STORAGE No garbage or refuse shall be stored on any lot in any Enterprise, Commercial, Industrial or Institutional Zone except within the principal building or an accessory building or structure on such lot, or in a container in the interior or exterior side yard or rear yard of such lot in accordance with the following: a) A garbage and refuse storage area, including any garbage loading or unloading area, which is visible from an adjoining residential land use or from a public open space, the Niagara River or from a public street, other than a lane, shall have a visual screen; and b) A dumpster or garbage container shall be regulated in the same manner as an accessory building or structure in the zone in which it is located GROUP HOMES No lot shall be used or developed, and no building or structure shall be erected, altered, renovated, enlarged, used or maintained for the purpose of a group home, except in accordance with the following: a) The following group homes approved by the Province and licensed by the Town shall be permitted in any residential unit: 1) An Approved Home: means a supervised community based group living arrangement for patients of Provincial psychiatric hospitals, who at certain stages of their recovery can benefit from a family oriented living arrangement in the community; 2) A Home for Special Care: means a supervised community based group living arrangement for individuals whom, upon being discharged from Provincial psychiatric hospitals or Regional centres for the developmentally challenged, require a sheltered living arrangement; 3) Supportive Housing Programmes, Adult Community Mental Health Programmes: means a supervised community based group living arrangement for psychiatric or former psychiatric patients who lack the requisite life skills or emotional stability to manage under less Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 97

111 Section 6 General Provisions supportive living arrangements; 4) Children s Residence: means a licensed, supervised community based group living arrangement for children under the age of eighteen (18) years whose needs cannot be met while living with parents or with other relatives, provided that no such residence shall include any child convicted under the Young Offenders Act who has been sentenced to a period of open custody of two (2) years or more; 5) Accommodation Services for the Developmentally Challenged: means a supervised community based group living arrangement for developmentally challenged adults and children who have previously been living in the community or a facility for developmentally challenged persons; 6) Satellite Residence for Seniors: means a community based group living arrangement for individuals over the age of sixty (60) who are referred to satellite residences by municipal Homes for the Aged; 7) Homes for the Physically Disabled Adults: means a community based group living arrangement for physically challenged adults; b) Group homes for the socially disadvantaged, group homes for alcoholics, group homes for ex-offenders and community resource centres are not permitted except by a site specific amendment to the Zoning By-law; c) A maximum of six (6) persons are permitted in a group home located in the urban area, exclusive of staff or the receiving family. In areas outside of the urban boundary where the lot is one hectare (1 ha) or more in size and privately serviced, the maximum number of persons permitted is ten (10), exclusive of staff or the receiving family; d) A minimum separation distance of 450 m (1,476 ft) shall be required between group homes measured from the nearest property lines; e) All group homes shall be subject to the requirements of the zone in which they are located unless otherwise specified herein; f) A group home shall not be permitted in combination with any other type of accommodation such as roomers and boarders, or bed & breakfast establishment; g) Parking shall be provided in accordance with the requirements of this By-law and tandem or stacked parking to a depth of two (2) vehicles may be Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 98

112 Section 6 General Provisions permitted; h) Adequate provision for buffering, fencing and screening shall be made to ensure privacy of abutting residential properties; i) Group homes must obtain an annual license in accordance with the Municipal Act from the Town and pay an annual licensing fee to the Town in order to operate; and j) Shall be subject to a Site Plan Control Agreement pursuant to Section 41 of the Ontario Planning Act HEIGHT RESTRICTIONS EXCEPTIONS No building or structure shall exceed the height restrictions set out in this By-law for the zone within which such building or structure is located. However, the building height restriction shall not apply to the following structures except where any part of such structure is situated higher than the maximum height permitted in this By-law contains habitable floor space: a) An antenna or mast (when attached to or on a building); b) A church belfry, spire, steeple or church tower; c) A chimney or smokestack; d) A clock tower or bell tower; e) A cupola, parapet or other ornamental structure or device to enclose mechanical equipment; f) An electric power transmission tower or line and related apparatus, but does not include an electrical generating tower; g) A stair tower, elevator shaft, water tank, skylight, mechanical penthouse, or other heating, cooling or ventilating equipment, or structure enclosing such elements or roof construction provided that such features are designed and incorporated as an architectural element or feature as the top of the building so as to mitigate the impact on surrounding views; h) A light standard; Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 99

113 Section 6 General Provisions i) A flag pole; j) A flight control tower; k) A lightning rod; l) A radio, television or telecommunications reception or transmission tower; m) A silo or storage elevator; n) A solar panel; o) A water tower or a firehouse tower; p) A weathervane or other weather monitoring device; and q) A crane or boat lifting equipment HEIGHT RESTRICTIONS EXCEPTIONS, NIAGARA DISTRICT AIRPORT The height restrictions exceptions in Section 6.21 shall not apply within a 3,962.4 m (13,000 ft) radius from the centre point of the Niagara District Airport, and that all height restriction within this radius will be set in accordance with the Department of Transport Obstruction Clearance Surfaces requirements. The Town shall have regard to these requirements in reviewing new development proposals within this area affected HOME INDUSTRIES Where a home industry is permitted in a particular zone, it shall be in accordance with the following regulations: a) The home industry shall be permitted as a secondary use to agricultural uses and may include uses such as welding, woodworking, blacksmith shop, machine shop, or a kennel; b) The home industry shall have at least one person residing in the dwelling practicing in the home industry activity; c) There shall be not more than one (1) additional assistant, employee, or associate, who is not a resident of the dwelling unit in which the home Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 100

114 Section 6 General Provisions industry is conducted that may be involved in any way, practicing in the home industry activity; d) The home industry shall remain secondary to the agricultural use and occupy no more than twenty-five (25 %) of the total habitable floor space of the dwelling, if located within a dwelling, or if conducted within an accessory building, the accessory building shall not be more than 60.0 m 2 (646 ft 2 ); e) Where food preparation or food service for the public is part of the home industry, the approval of the Niagara Regional Public Health Department is required; f) The home industry shall not change the character of a main use or create, or become a nuisance due to such matters as noise, smell, hours of operation and traffic generation; g) There shall be no sign, display or other indicator visible from a public street which reveals the existence of a home industry use, except a nonilluminated identification sign in accordance with the Town s Sign By-law and as per the requirements of the Niagara Parks Commission where such use is located along the Niagara River Parkway; h) Parking shall be provided in accordance with Section 6.39, Parking Space Requirements and be located in the rear yard; i) No more than two (2) home industries shall be conducted on any property; j) Any external storage of materials, containers or finished products shall be screened, fenced or buffered from view to maintain an attractive appearance; k) Adequate lot area shall be available to ensure that all activities associated with the home industry, including parking and storage, is separated and buffered from adjacent sensitive land uses; and l) Shall be subject to a Signed Site Plan pursuant to Section 41 of the Ontario Planning Act. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 101

115 Section 6 General Provisions 6.24 HOME OCCUPATIONS AND HOME PROFESSIONS Where a home occupation or home profession is permitted in a particular zone, it shall be in accordance with the following regulations: a) The home occupation or home profession activity shall be conducted by a person residing in the dwelling; b) The home occupation or home profession shall be conducted wholly within the residential dwelling and is to remain secondary to the residential use of the dwelling unit and occupy no more than twenty-five (25 %) of the total habitable floor space of the dwelling; c) There shall be no sign, display or other indicator visible from a public street which reveals the existence of a home occupation or home profession use in a dwelling unit, except a non-illuminated identification sign in accordance with the Town s Sign By-law and as per the requirements of the Niagara Parks Commission, where such use is located along the Niagara River Parkway; d) Parking shall be provided in accordance with Section 6.39, Parking Space Requirements; e) No machinery, equipment or process shall be used on the premises, and no activity shall occur in connection with a home occupation or home profession which creates noise, vibration, glare, fumes, odour, dust, electrical interference or delivery by commercial carriers in excess of that normally experienced in a residential neighbourhood; f) There shall be no food preparation or food services permitted from the premises; g) There shall be no retail sales of items, goods or products permitted from the premises; and, h) There shall be no outdoor storage of materials, equipment or containers, animal enclosures or other outdoor activities associated with the home occupation or home profession LANDSCAPED OPEN SPACE Landscaped open space shall be provided in accordance with the provision set out in each zone category and in accordance with the following: Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 102

116 Section 6 General Provisions a) Any part of a lot which is not occupied by buildings, structures, parking area, loading spaces, driveways, excavations, agricultural uses or permitted outdoor storage areas, shall be maintained as landscaped open space; b) Except as otherwise specifically provided herein, no part of any required front yard or required exterior side yard shall be used for any purpose other than landscaped open space; c) Where landscaped open space of any kind, including a buffer strip is required adjacent to any lot line or elsewhere on a lot, nothing in this By-law shall apply to prevent such landscaped open space from being traversed by pedestrian walkways or permitted driveways; d) No part of any driveway, parking area, loading space, stoop, roof top terrace, balcony, other than a landscaped area above an underground parking area, shall be considered part of the landscaped open space; and e) Commercial, industrial and multiple residential zones may require additional landscaping as required by the provisions of a Site Plan Control Agreement, pursuant to Section 41 of the Ontario Planning Act LIGHTING No person shall alter, enlarge, erect, renovate or use an outside light fixture in any zone except in compliance with the regulations of any By-law of the Town regulating lights and lighting, and in compliance with the following regulations: a) Flashing lights are prohibited, with the exception of stop signs; b) Lights and lighting shall not be altered, enlarged, erected, renovated or used in such a way as to be confused with or interfere with traffic lights or otherwise be hazardous to traffic; c) All lighting for parking areas or walkways shall be directed downwards towards the surface of the parking area or walkways and deflected away from adjacent uses, lots and streets; and 6.27 LOADING SPACES REQUIREMENTS a) The owner or occupant of any building on a lot used for non-residential uses, except as provided herein shall provide and maintain, for each building on the same lot, facilities comprising one or more loading spaces in accordance with the provisions of this section, unless otherwise provided for in this By-law: Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 103

117 Section 6 General Provisions Table 6-2: Minimum Loading Spaces for a Non-Residential Building NON-RESIDENTIAL BUILDING GROSS FLOOR AREA NUMBER OF LOADING SPACES m m m m m 2 2 Exceeding 4645 m 2 3 plus 1 for each additional 4, 645 m 2 or a portion thereof b) Required loading spaces shall have minimum horizontal dimensions of 3.6 m (11.81 ft) by 9.0 m (29.53 ft) and a minimum vertical clearance of 4.2 m (13.78 ft); c) Required loading spaces shall be located in their entirety on the same lot as the building for which such loading spaces are required, and shall not overlap any required driveways, parking spaces, internal roads or parking aisles; d) Off-street loading facilities shall be so arranged that they avoid interference with the movement of traffic on streets or lanes; e) All off-street loading spaces shall be located in the interior side or rear yard, or to the rear of the main front wall and exterior side wall of the main building, provided such spaces are setback a minimum of 24.4 m (80.05 ft) from the street line; f) Off-street loading areas shall be screened by a wall, fence or planting in such a manner that the off-street loading shall not be visible from any abutting residential use; g) Access to loading spaces shall be provided by means of one or more unobstructed aisles which: 1) Have a minimum unobstructed width of 7.3 m (23.95 ft) and a minimum vertical clearance of 4.2 m (13.78 ft), and provide sufficient space to permit the maneuvering of vehicles on the lot so as not to obstruct, or otherwise cause a traffic hazard on an adjacent street or lane; 2) Comply in all other respects with the driveway requirements for parking areas set out in Section 6.38, Parking Requirements and Section 6.39, Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 104

118 Section 6 General Provisions Parking Space Requirements; 3) All off-street loading facilities must be surfaced with a capped, hard top substance such as asphalt or other stable surface treated to prevent the raising of dust and / or loose particles and with provisions for drainage facilities; h) Where a building or structure has insufficient loading spaces on the date of passing of this By-law, this By-law shall not be interpreted to require that the deficiency be made up prior to the construction of any addition or a change of use, provided that any additional spaces required by this By-law for such addition or change of use are in accordance with all provisions respecting loading; i) When a building, structure or lot accommodates more than one type of use, the loading space requirement for such building, structure or lot shall be the sum of the requirements for the separate uses thereof; and j) The loading requirements may be partially deferred upon the owner entering into a Site Plan Agreement pursuant to Section 41 of the Ontario Planning Act as amended, which clearly indicates adequate on-site area to accommodate all required loading spaces and the staging for the development of deferred loading spaces as required LOT DEVELOPMENT REQUIREMENTS Nothing in this By-law shall apply to prevent the erection or use for a purpose prohibited by this By-law of any building or structure for which a permit has been issued under Section 5 of the Building Code Act, prior to the day of the passing of this By-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under Section 6 of the Building Code Act MINIMUM DISTANCE SEPARATION (MDS) REQUIREMENTS a) The Minimum Distance Separation Formulae I, as amended from time to time, is used to determine the minimum separation distances between proposed new development and existing livestock facilities and/or permanent manure storage. 1) In addition to the general policies of the MDS Implementation Guidelines, MDS I also applies specifically to proposed new development on existing lots of record; Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 105

119 Section 6 General Provisions b) The Minimum Distance Separation Formulae II, as amended from time to time, is used to determine the minimum separation distances between proposed new, enlarged or remodeled livestock facilities and/or permanent manure storages and other existing or approved development MUNICIPAL DRAIN AND/OR IRRIGATION CHANNEL A minimum setback of 10 m (32.8 ft) is required from the top of bank adjacent to a Town municipal drain and / or irrigation channel. This setback is required for access and maintenance purposes. No trees or vegetation, except grass, is to be planted within this setback that will interfere with the Town s ability to access and maintain this infrastructure. No buildings or structures of any kind are permitted within this 10 m (32.8 ft) setback NIAGARA RIVER PARKWAY, DEVELOPMENT ALONG THE Any building or structure, including a sign, any access point or infrastructure in any zone within 45 m (148 ft) of the Parkway or within 395 m (1296 ft) of an intersection, or within 400 m (1312 ft) of a power line, pole line or other transmission line adjacent to the Niagara River Parkway or the construction of access points nor infrastructure as a means of access to the Niagara Parkway is subject to an access and entrance permit and / or a sign permit from the Niagara Parks Commission NON-CONFORMING USES a) Nothing in this By-law shall apply to prevent the use of any lot, building or structure for any purpose prohibited by this By-law if such lot, building, or structure, or any part thereof, was lawfully used for such purpose on the day of the passing of this By-law so long as it continues to be used for that purpose. If the use is modified in accordance with Section 6.33 (b) then the use shall be allowed to continue; b) Nothing in this By-law shall prevent the re-establishment of a nonconforming use, that is damaged or destroyed by fire or natural disaster subsequent to the date of passing of this By-law, provided the height, size or volume of the building or structure is not altered and the use of the building or structure is not altered or unless the use changes to a use permitted in the By-law. In addition, the rebuilding or renovation of such building or structure is to be commenced within two years of the date that such building or structure was damaged or destroyed; c) Nothing in this By-law shall prevent the renovation or alteration of all or part Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 106

120 Section 6 General Provisions of a building or structure that is occupied by a non-conforming use provided that the renovation or alteration will not increase the height, size or volume of the building or structure; d) A non-conforming use may continue in existence in accordance with the Ontario Planning Act as amended. A non-conforming use shall not be enlarged or extended so as to occupy additional land on any other lot or parcel. e) A non-conforming use of land or a building or structure may be continued but if that use is changed any future use shall conform to the provisions of this By-law, except as permitted by the Ontario Planning Act; f) A non-conforming use of any building, structure or land which has been abandoned or discontinued shall not thereafter be returned to such nonconforming use. A non-conforming use shall be considered abandoned: 1) When the use has been discontinued for one year; or 2) When the characteristic equipment and furnishings of the nonconforming use have been removed and have not been replaced within one year; or 3) When it has been replaced by a conforming use; or 4) When re-establishment has not been commenced within two (2) years of the date of destruction or damage caused by fire or natural disaster NON-COMPLYING LOTS, BUILDINGS, OR STRUCTURES a) Nothing in this By-law shall apply to prevent the continued existence of a lot, building, or structure which complied to the applicable regulations and general provisions when the lot was created or the building or structure constructed so long as any changes to the lot, building or structure comply with the regulations and general provisions of this By-law; b) Nothing in this By-law shall prevent the rebuilding or renovation of any noncomplying building or structure that is damaged or destroyed by fire or a natural disaster, subsequent to the date of passing of this By-law, provided that: 1) The dimensions of the original building or structure are not increased; 2) The building s or structure s non-compliance is not further increased or the building or structure is to be more in compliance with the provisions of this By-law; Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 107

121 Section 6 General Provisions 3) In the event that such a destroyed building or structure requires rebuilding then the gross floor area of the original structure and its location shall be verified through an Ontario Land Surveyor, or by other supporting legal document(s), prior to work commencing; 4) In addition to the above the rebuilding or renovation of such building or structure, except in a Commercial Zone, shall be commenced within one year of the date that such building or structure was damaged or destroyed; c) Despite any other provision in this By-law to the contrary, any legal existing vacant registered lot in a registered plan of subdivision shall be deemed to be a permitted lot and shall be used as if it complied to all such requirements, provided that: 1) Access for vehicular traffic in the form of an unobstructed driveway, either owned or with a right-of-way, at least 3.0 m (9.84 ft) in width is provided from such lot to a street which abuts the said lot; and 2) Such building or structure complies with any other regulations applicable in the zone in which the lot is located; d) No building or structure shall be built upon any lot unless that lot abuts a street or on an existing lot that fronts on a Firelane; e) For the purposes of establishing minimum setbacks for a lot with no frontage on a street but with access to a street by way of a right-of-way, the lot line to which the right-of-way accesses the lot shall be deemed to be the front lot line; f) In certain instances, the area or a dimension of a lot may be reduced by means of an acquisition of part of the lot by an authority having power of expropriation or as a condition of development approval. Such acquisition may cause the lot to be reduced in size or dimension, or for a legal existing building or structure, to be in non-compliance with the regulations for the zone in which such lot is located; g) Nothing in this By-law shall apply to prevent the alteration, enlargement or renovation of a legal existing building or structure on a lot that has been reduced by public acquisition provided that: 1) The lot and the building or structure met the requirements of the zone in which such lot, building or structure, is located, prior to the date of Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 108

122 Section 6 General Provisions public acquisition; 2) Modifications to such building or structure can be undertaken in compliance with all of the zone regulations in effect prior to the reduction of such lot by such acquisition; or 3) The lot, building or structure was non-complying prior to the date of public acquisition in which case the provisions of Section 6.33 (a) shall apply; h) Nothing in this By-law shall apply to prevent a building or structure being erected on a vacant lot which has been reduced by public acquisition provided that: 1) The lot met the requirements of the zone in which such lot is located, prior to the date of public acquisition; 2) Such building or structure can be constructed in compliance with all of the zone regulations in effect prior to the reduction of such lot by such acquisition; and 3) The lot was non-complying prior to the date of public acquisition in which case the provisions of Section 6.33 (f) shall apply; i) Nothing in this By-law shall apply to prevent the use of any lot reduced by public acquisition provided that: 1) In the case of a conforming use, the use shall meet the requirements for the zone in which such use was located, prior to the lot being altered by public acquisition; or 2) In the case of a non-conforming use, the use shall meet the requirements of Section OCCASIONAL USES The following zones and uses shall be permitted to have occasional uses as indicated: a) Where an auditorium, public hall, church or school exists in any zone, auction sales, bake sales, craft sales, bingo, blood donor clinics, benefit dances, blood donor clinics, car washes, festivals, Christmas tree sales, plant and produce sales, shows, concerts and banquets shall be permitted as an occasional use; b) Garage sales shall be permitted on any residential property, with a maximum number of three (3) garage sales being conducted on any one property in any calendar year. A single garage sale shall consist of a Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 109

123 Section 6 General Provisions maximum of two (2) consecutive days; c) Notwithstanding the definition of occasional use, construction trailers on building sites shall be permitted provided they are removed upon building completion or final inspection, whichever comes first; d) Notwithstanding the definition of occasional use, a real estate sales office shall be permitted on a construction site until building completion or final building inspection, whichever comes first; e) Any occasional use shall be located and designed to avoid interference with the normal use of the abutting streets or with internal on-site vehicle circulation and loading activities; f) Any occasional use shall not be offensive to area residents by way of the emission of light, heat, fumes, noise, vibration, gas, dust, odour or pollution of any kind; and g) Despite Section 6.37, Outdoor Storage, all of the above mentioned occasional uses shall be permitted out of doors OCCUPATION OF INCOMPLETE BUILDINGS No building or part of any building shall be occupied until the whole of the exterior of such building has been completed according to the plans and specifications thereof filed with the Chief Building Official and the heating, plumbing and electrical facilities shown on the plans are connected and usable in accordance with the building permit issued by the Town, and occupancy or final inspection being granted by the Building Services Department OUTDOOR PATIO RESTAURANT Where permitted by this By-law, outdoor patio restaurants which are located on privately owned lands are subject to the following provisions: a) No outdoor patio restaurant shall accommodate more than fifty per cent (50 %) of the licensed capacity of the restaurant or dining lounge with which the patio is associated to a maximum size of 90 m 2 ; b) No outdoor patio restaurant shall be permitted in a yard that abuts a residential zone; Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 110

124 Section 6 General Provisions c) An outdoor patio restaurant shall be located a minimum of 3.0 m (9.84 ft) from any loading area, parking spaces, internal road or driveway located on the lot; d) No commercial cooking equipment is permitted on an outdoor patio restaurant; e) Any outdoor lighting shall be directed toward or onto the patio area and away from adjoining properties and streets; f) Despite Section 6.27, Loading Spaces Requirements, no additional loading space shall be required for an outdoor patio restaurant; g) Parking spaces shall be required for the gross floor area associated with the outdoor patio restaurant at a rate of one (1) space for every 30 m 2 of outdoor patio area; h) An outdoor patio restaurant shall be defined by a wall or fence with a minimum height of 0.8 m (2.62 ft) above the patio floor; i) No outdoor patio restaurants shall operate before 8:00 a.m. and after 11:00 p.m., and seasonally each calendar year before March 1 and after October 31; j) Outdoor entertainment, public address or music systems shall not be permitted in conjunction with an outdoor patio restaurant; k) The surface of an outdoor patio restaurant shall be limited to a maximum height of 1 m (3.28 ft) above grade OUTDOOR STORAGE a) Outdoor storage and display shall be prohibited in the Queen Street Commercial area; b) Outdoor storage shall be prohibited in the case of automobile uses, including a general repair establishment, parts and accessories sales, service station, and specialty repair shop; c) Except where prohibited for those commercial zones and uses set out in Sections 6.37 (a) and 6.37 (b), outdoor storage shall not be permitted in any Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 111

125 Section 6 General Provisions required front, side, exterior side yard, or rear yard; d) No outdoor storage area shall be visible from any street or from any abutting lot, where the abutting lot is not in a Commercial or Enterprise Zone or used for commercial purposes. Any open storage area shall be screened, wherever necessary in order to comply with this provision, by a visual screen containing a fence or wall not less than 2 m (6.56 ft) in height; e) Any outdoor storage area shall be provided and maintained with a stable surface that shall be treated to prevent the raising of dust or loose particles and drained in accordance with the requirements of the Town; f) No outdoor storage area shall be considered part of any required landscaped open space or as part of a buffer; g) No parking spaces, parking aisles or loading spaces required by this By-law shall be used for outdoor storage and display purposes; and h) The outdoor display of goods and merchandise will be permitted for garden centres, recreational vehicle sales establishment and automobile sales establishment, an aggregate operation, farm implement dealer and a building supply establishment PARKING REQUIREMENTS No lot shall be used or developed and no building or structure shall be altered, enlarged, erected, renovated or used in any zone unless off-street parking areas are provided and maintained in accordance with the following regulations, unless otherwise provided for in this By-law: a) Off-street parking areas shall be located on the same lot as the use requiring the parking unless otherwise provided for in this By-law, and shall not infringe on any required loading spaces; b) If any computation of parking space requirement as set forth in this section results in a number containing a fraction, it shall be counted as one parking space for the purpose of calculating the total parking requirements; c) Despite any provisions of this By-law, uncovered surface parking areas shall be permitted as required in the specific zone categories; Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 112

126 Section 6 General Provisions d) All off-street parking areas shall be provided with adequate means of ingress and egress to and from a street or lot, and shall be arranged so as not to interfere with the normal public use of a street. Where four (4) or more spaces are required, such spaces shall be provided with at least one entrance lane and one exit lane; e) The minimum parking space dimensions for parking spaces shall be as illustrated in the following table for parking stalls and aisles in various parking configurations, except as provided for in Section 6.42, Parking, Accessible Space Requirements of this By-law: Table 6-3: Minimum Parking Space Dimensions as Per Parking Alignment DIMENSIONS MINIMUM DRIVEWAYS & AISLES WIDTH PARKING ALIGNMENT WIDTH LENGTH 0º 2.75m 6.7m 3.5m 30º 2.75m 6.4m 3.5m 45º 2.75m 6.4m 4.0m 60º 2.75m 6.5m 5.0m 90º 2.75m 6.0m 6.0m f) In no case shall the driveway or aisle width exceed 6.0 m (19.69 ft). g) The interior dimensions of a parking space in a private garage shall be a minimum of 3.0 m (9.84 ft) wide by 6.0 m (19.69 ft) in length. h) Notwithstanding the provisions of Section 6.38 (e), within the Queen Picton Commercial (QPC) Zone, for properties fronting on Queen Street, ingress and egress to and from the required parking spaces shall be provided by means of unobstructed driveways or aisle at least 3.0 m (9.84 ft) in width, but not more than 6 m (19.69 ft) in perpendicular width; i) Any parking area or access driveway provided in the front yard or exterior side yard of a lot in a non-residential zone, or in any yard of a nonresidential use adjacent to a residential use, shall be paved with asphalt, Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 113

127 Section 6 General Provisions concrete or paving stones. Any parking area or access driveway provided for a public park, single-detached dwelling, link dwelling, on-street townhouse, semi-detached dwelling, duplex, or residential conversion shall be constructed with gravel or other stable surface and treated so as to prevent the raising of dust and/or loose particles. Drainage shall be provided so as to prevent the flow of surface water onto adjacent lots; and j) Where a parking structure containing a parking area is the principal use on a lot, the structure shall conform to the zone provisions for the zone where such lot is located PARKING SPACE REQUIREMENTS Off-street parking spaces shall be provided in accordance with the following schedule: Table 6-4: Commercial and Industrial Parking Ratios Agricultural Market TYPE OF USE Agricultural Stand or Seasonal Home Grown Produce Stand 1 per 18.5 m 2 GFA 1 per 18.5 m 2 GFA MINIMUM NUMBER OF PARKING SPACES Automobile Gas Bar A minimum of 2 Automobile Rental Establishment Automobile Repair Establishment, Automobile Service Station and Automobile Specialty Repair Shop Automobile Sales Establishment, Recreation Vehicles and Equipment Sales Bank or Financial Establishment Building or Contracting Establishment Building Supplies or Lumber Yard Catering Establishment 1 per 18.5 m 2 GFA 6 per bay 1 per 25 m 2 GFA or a minimum of 2, whichever is greater (parking is exclusive of display and storage areas) 1 per 15 m 2 GFA 1 per 30 m 2 GFA 1 per 18.5 m 2 GFA for retail showroom and 1 per 90 m 2 GFA of warehouse space 1 per 200 m 2 GFA Car Wash - Manual - Automatic 3 per bay in queue 5 per bay in queue Cleaning Establishment 1 per 50 m 2 GFA Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 114

128 Section 6 General Provisions TYPE OF USE Commercial Entertainment Establishment, Theatre Commercial Recreation Facility Commercial School Commercial Uses not Specifically Identified Contractor s Yard Convenience Store Country Inn Data Processing Establishment Day Care Centre Dry Cleaning Outlet Dry Cleaning or Laundry Plant Duplicating Shop, Photocopying Shop or Blue Printing Shop Estate Winery, Farm Winery Farm Implement Dealer Funeral Home or Undertaking Establishment Garden Centre or Nursery Golf Course Greenhouse, Commercial Home Improvement Centre, Decorating Supplies Hospital Hotel, Motel Industrial Uses not Specifically Identified Kennel Laboratory MINIMUM NUMBER OF PARKING SPACES 1 per 6 seats or 1 per 18.5 m 2 GFA, whichever is greater 1 per 18 m 2 GFA 1 per 2 staff members plus 1 per 28 m 2 classroom floor space 1 per 18.5 m 2 GFA A minimum of 4 per yard or 1 per 28 m 2 GFA, whichever is greater 1 per 18.5 m 2 GFA 1 per guest room in addition to other uses identified herein 1 per 28 m 2 GFA 1 per 18.5 m 2 GFA 1 per 18.5 m 2 GFA 1 per 185 m 2 GFA 1 per 18.5 m 2 GFA 1 per employee, plus 1 per every 18.5 m 2 of floor area devoted to each secondary use 1 per 30 m 2 GFA 1 per 10 m 2 GFA 1 per 30 m 2 GFA 4 per tee 1 per 18.5 m 2 GFA or retail area and 1 per 1000 m 2 GFA of growing area 1 per 18.5 m 2 GFA of retail floor space and 1 per 90 m 2 GFA for warehouse space 1 per 2 beds 1 per guest room in addition to other uses identified herein 1 per 93 m 2 GFA 1 per 28 m 2 GFA 1 per 45 m 2 GFA Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 115

129 Section 6 General Provisions TYPE OF USE MINIMUM NUMBER OF PARKING SPACES Laundromat Liquor, Beer Store Manufacturing Establishment Marina Medical Clinic Medical Office Office, Business Office, Professional Office, Government Office Personal Service Establishment Pick your own Agricultural Operation Printing and Binding or Publishing Establishment Public Storage Facility Repair Service Establishment Research Establishment Restaurant Restaurant, Outdoor Patio Restaurant, Take-Out Retail Sales, Service and Rental Establishment Service Establishment Shopping Centre Transportation Terminal, Trucking Operation Veterinary Clinic, Animal Hospital or Veterinary Office Warehouse 1 per 18.5 m 2 GFA 1 per 18.5 m 2 GFA 1 per 100 m 2 GFA 1 per boat dock or slip 3 per practitioner or 1 per 15 m 2 GFA, whichever is greater 1 per 15 m 2 GFA 1 per 28 m 2 GFA 1 per 15 m 2 GFA 10 spaces 1 per 185 m 2 GFA 1 per 50 m 2 GFA 1 per 18.5 m 2 GFA 1 per 45 m 2 GFA 1 per 9 m 2 GFA 1 per 30 m 2 GFA of outdoor patio area in addition to the requirements for a restaurant or take out restaurant 1 per 9 m 2 GFA or 15 spaces, whichever is greater 1 per 18.5 m 2 GFA 1 per 18.5 m 2 GFA 1 per 18.5 m 2 GFA 1 per 100 m 2 GFA 1 per 45 m 2 GFA 1 per 150 m 2 GFA Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 116

130 Section 6 General Provisions Table 6-5: Residential Parking Ratios TYPE OF USE Apartment Building Apartment Building: Senior Citizen Bed and Breakfast Establishment Dwelling, Converted Dwelling, Quadraplex, Double Duplex or a Row Dwelling Dwelling, Semi-Detached or Duplex Dwelling, Single Detached Dwelling, Triplex Group Home Home Occupation, Home Profession and Home Industry Lodging House 1 per unit 1 per 4 units MINIMUM NUMBER OF PARKING SPACES 1 per guest room, plus one for each vehicle operated by the licensee and residents of the bed and breakfast establishment. 1 per unit 1.5 per unit 2 per unit 2 per unit 1.5 per unit 1 per staff member plus 1 visitor parking space for group homes having up to 6 residents and 2 visitor parking spaces for group homes having more than 6 residents 1 per 28 m 2 GFA devoted to the home occupation, home profession or home industry, plus the parking required for the dwelling 1 per guest room plus 1 for the proprietor Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 117

131 Section 6 General Provisions Table 6-6: Miscellaneous Use Parking Ratios TYPE OF USE MINIMUM NUMBER OF PARKING SPACES Arena (no seats) Arena (with seats) 1 per 30 m 2 GFA 1 per 8 seats or 1 per 18.5 m 2 GFA used for a hall auditorium use involving the assembly of persons, whichever is greater Church Community Centre Conference Rooms or Areas Used in Conjunction with Other Uses Herein Museum Nursing Home Public Hall, including: Auditorium Gymnasium Club (Private or Service) Other place of assembly Auditorium or gymnasium secondary to another use School, Elementary School, Secondary Fixed Seating: 1 per 5 seats or 3 m of bench space excluding Sunday School and Office Non-Fixed Seating: 1 per 9 m 2 GFA of public floor space excluding Sunday School and Office 1 per 10 m 2 GFA 1 per 18.5 m 2 GFA 1 per 50 m 2 GFA 1 per 3 beds 1 per 8 seats or 1 per 18.5 m 2 GFA used for a hall, auditorium use involving the assembly of persons, whichever is greater 1.5 per classroom plus a minimum of 4 visitor parking spaces if there is no auditorium or gymnasium, or plus any required parking associated with an auditorium, theatre or gymnasium 4 per classroom plus any required parking associated with an auditorium, theatre or gymnasium 6.40 PARKING SPACE REQUIREMENTS, ADDITIONAL PROVISIONS a) The minimum parking space requirements for residential units located on the same lot in the Commercial Zone shall be one parking space per residential unit; b) Where a building or structure has insufficient parking spaces on the date of passing of this By-law to comply to the requirements of this By-law, this Bylaw shall not be interpreted to require that the deficiency be made up prior to the construction of any addition or a change of use provided, however, in the event that any additional spaces required by this By-law for such addition or change of use, these shall be provided in accordance with all provisions Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 118

132 Section 6 General Provisions respecting parking spaces and areas; c) When a building, structure or lot accommodates more than one type of use, including accessory structures and secondary uses, the parking space requirements for such building, structure or lot shall be the sum of the requirements for the separate uses thereof; d) Where parking areas are illuminated, lighting fixtures shall be designed and installed to direct light downward, with deflection away from adjacent lots; e) Any area where off street parking is permitted under this By-law shall be used for no other parking purpose than for the parking of operative passenger vehicles and vehicles used in operations incidental to the permitted uses on the lot, all bearing currently valid license plates. f) No commercial vehicle or motorized construction equipment shall be parked or stored on any residential lot, except for one commercial vehicle which is operated by the occupant of the residential lot and is not longer than 7 m (22.96 ft), or except for making deliveries or otherwise providing services on a temporary basis to the residential lot; g) The parking or storage of recreational vehicles, school buses and commercial vehicles over 7 m (22.96 ft) shall not be permitted on a residential lot or on-street in a residential neighbourhood; h) Parking for developments along the Niagara River Parkway shall be located to the rear of the building, or screened to the approval of the Niagara Parks Commission. Buses and large vehicles must be parked at the rear of the building; and i) Notwithstanding the yard and setback provisions of this By-law, uncovered surface parking areas shall be permitted in the required yards in the area between the road or street line and the required setback, provided that no part of any parking area, other than a driveway, is located closer than 2 m (6.56 ft) to any front or exterior lot line, and no closer than 1 m (3.28 ft) to any rear or interior side lot line. The minimum front and exterior side yard setback for a bus parking area is 3.0 m (9.84 ft), and 2 m (6.56 ft) to an interior or rear yard. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 119

133 Section 6 General Provisions j) A driveway shall be setback a minimum of 8.0 m (26.25 ft) from an exterior side yard PARKING, BICYCLE REQUIREMENTS Bicycle parking space shall be provided and maintained in accordance with the following regulations: Table 6-7: Bicycle Parking Ratios TYPE OF USE MINIMUM NUMBER OF REQUIRED SPACES Office Restaurant Restaurant (take-out) Commercial 1 per 250 m 2 GFA 2 per 100 m 2 GFA 2 per 100 m 2 GFA 1 per 200 m 2 GFA Convenience Store Minimum of 5 Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 120

134 Section 6 General Provisions 6.42 PARKING, ACCESSIBLE SPACE REQUIREMENTS a) In any zone, the required number of parking spaces shall include the provision of accessible parking spaces for the use of physically challenged persons in the minimum quantity specified below: Table 6-8: Accessible Parking Ratios TOTAL REQUIRED REGULAR PARKING SPACES NUMBER OF REQUIRED ACCESSIBLE PARKING SPACES % of total 1001 and over 20 plus 1 for each over 1000 b) The number of required accessible parking spaces shall be included in the total number of required parking spaces for the site; c) The accessible parking spaces shall have minimum rectangular dimensions of 3.7 m (12.11 ft) width by 6.0 m (19.69 ft) in length, and if two (2) adjacent spaces are designated for the disabled, then the total width of both spaces together may be 6.4 m (21 ft) if a 1.5 m (5 ft) wide access aisle separates the two (2) spaces. If no access aisle separates the spaces, the total width of the two (2) spaces shall be 7.4 m (24.28 ft); d) All accessible parking spaces shall be marked by an identifying marker consisting of the International Symbol for the disabled; e) A standard parking space parallel to the curb shall constitute an acceptable Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 121

135 Section 6 General Provisions parking space providing it allows individuals to get in and out of either side of a vehicle and providing a sidewalk wheelchair ramp is located nearby; f) A minimum vertical clearance of 2.9 m (9.51 ft) shall be provided at accessible parking spaces, passenger loading zones, and along access routes; g) Accessible parking spaces shall be the spaces located closest to the nearest accessible entrance(s) of the building on an accessible route; and h) Curb ramps shall be provided to permit access from the parking area to the sidewalk PARKING, PASSENGER BUS REQUIREMENTS a) Passenger bus parking spaces shall be provided and maintained in accordance with the following regulations: Table 6-9: Passenger Bus Parking Ratios TYPE OF USE MINIMUM REQUIRED SPACES Arena, Theater (capacity less than 1,000 persons) 1 Arena, Theater (capacity greater than 1,000 persons and less than 2,000 persons) 2 Arena, Theater (capacity greater than 2,000 persons) 3 Hotel (greater than 250 rooms) 2 Estate Winery 2 b) The required passenger bus parking spaces shall have minimum dimensions of 3.6 m (11.81 ft) by 12.0 m (39.27 ft). c) Front yard and exterior side yard setback for a bus parking area is 3.0 m (9.84 ft) and 2 m (6.56 ft) to an interior or rear yard. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 122

136 Section 6 General Provisions 6.44 PERMITTED YARD PROJECTIONS AND ENCROACHMENTS Required yards shall not be obstructed in any manner whatsoever, except in accordance with the following: Table 6-10: Permitted Yard Projections and Encroachments STRUCTURE TYPE YARDS [FRONT, REAR & SIDES] MAXIMUM PROJECTION INTO REQUIRED YARD MINIMUM SETBACK FROM LOT LINE Fire Escapes All yards 1.2 m (3.94 ft) n/a Canopies, awnings, clothes poles, flag poles, garden trellises, fences, retaining walls, signs All yards n/a n/a Cantilevered (bay windows) Gas fireplace projection Box and bay window All yards All yards 0.3 m and no greater than 50% of the total area of the wall face 0.3 m in side yard, 0.6 m in front yard n/a n/a Sills, cornices, chimneys, eaves, gutters, parapets, pilasters or other ornamental structures Unenclosed and uncovered porch, deck, balcony, patio or steps All yards 0.6 m (2 ft) n/a Front or Rear Yard 1.5 m (5 ft) n/a Side Yard 0.6 m (2 ft) n/a Gate House Front and Side Yard n/a 1.5 m (5 ft) Notwithstanding the above regulations: a) A cantilever shall not be permitted in a required side yard which is less than 1.2 m (3.94 ft). b) Accessory buildings and structures, including satellite dishes and freestanding decks, shall be permitted in yards subject to Section 6.1. c) A balcony shall not be permitted in any required side yard that is adjacent to any residential zone. d) Encroachments shall not be permitted within any easement in favour of the Corporation of the Town of Niagara-on-the-Lake. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 123

137 Section 6 General Provisions 6.45 PUBLIC STREET FRONTAGE REQUIRED a) No person shall erect, alter or enlarge any building or structure for permanent use unless the lot upon which such building or structure is to be erected has lot frontage on a street which has been assumed by the Town, Regional Municipality of Niagara, or the Niagara Parks Commission and is maintained in such a manner so as to permit its use by vehicular traffic, except as otherwise specifically permitted in this By-law. b) A building permit can be issued to allow a building or structure to be erected upon a lot or block within a registered plan of subdivision in accordance with the provisions of a subdivision agreement. This is despite the roads not yet being assumed and not being maintained by the Municipality; c) A building or structure may be erected upon a lot or block within a draft plan of condominium which provides for the creation of lots that front on a private road, provided the private road will be constructed and maintained to the satisfaction of the Town, and that the Town, by way of an agreement, is permitted the right of access for emergency purposes and is absolved of any future maintenance or acquisition of such private roads; d) Residential and agricultural buildings are permitted on existing lots of record that front onto private roads known as Firelanes RESIDENTIAL / AGRICULTURAL INTERFACE a) Where a residential zoned lot abuts an agricultural zone, a 3 m wide buffer strip constructed and maintained along the residential property line, with a board on board wood fence, constructed by the residential developer, is required. The board on board fence shall have no openings and be a minimum height of 1.8 m RESIDENTIAL UNIT IN CELLAR AND BASEMENT a) No residential unit in its entirety shall be located in a cellar. b) Where permitted, a residential unit in its entirety may be located in a basement provided that the finished floor level of such basement is not below the level of any sanitary or storm sewer serving the building or structure in which such basement is located and provided that the floor level of such basement is not more than 0.61 m (2 ft) below the adjacent finished grade. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 124

138 Section 6 General Provisions c) Shall comply with the Fire Code and Ontario Building Code RESIDENTIAL USE IN NON-RESIDENTIAL BUILDING Where a residential use is permitted in a non-residential building the following provisions shall apply: a) A residential unit may be permitted with a private water supply and sewage system subject to approval from the Niagara Regional Public Health Department, but where two (2) or more residential units may be permitted within a non-residential building, they shall be serviced by a public water supply and sanitary sewer system. b) The residential unit shall have a minimum floor area in accordance with the following: 1) An apartment dwelling in a portion of a non-residential building shall have the minimum requirements of the Residential Multiple Zone. c) The residential use(s) shall have separate kitchen and sanitary facilities from those of the non-residential use. d) Each residential unit shall have one (1) separate parking space. e) The residential use(s) shall have a separate building entrance to that provided to the non-residential use. f) In a commercial and enterprise zone, no residential unit shall be located in a non-residential building except on the second or higher storey of such building. g) The gross floor area of the residential use(s) of a non-residential building in the commercial zone shall not exceed fifty per cent (50 %) of the lot area. h) In the case of a single detached residential dwelling on the same lot as a non-residential building located in other than a residential zone and which lot is not serviced by a public water supply and sanitary sewer system, the following provisions apply: 1) Minimum lot frontage m (200 ft) 2) Minimum lot area ha 3) Minimum lot depth m ( ft) 4) Maximum lot coverage (all buildings)...15% Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 125

139 Section 6 General Provisions 5) Maximum lot coverage (by dwelling unit)...10% 6) All other requirements of this By-law shall apply pertaining to the zone in which the lot is located SECONDARY USES Secondary uses shall be permitted for a use that conforms to the zone in which it is located in accordance with the following: a) The secondary use shall not exceed twenty-five (25 %) of the gross floor area of the main building of the principal use, with the exception of a bed & breakfast or country inn establishment. b) The secondary use is subordinate to the principal permitted use. c) Shall be compatible with and not hinder or interfere with surrounding agricultural operations. d) On-site parking shall be provided in accordance with the requirements of Section 6.39, Parking Space Requirements in addition to the parking requirements for the principal use SETBACKS FROM PROVINCIAL HIGHWAYS and THE NIAGARA RIVER PARKWAY A building or structure, including a sign, in any zone adjacent to a provincial highway is subject to the setback requirements of the Ministry of Transportation, which may be greater than the municipal requirements. The Ministry of Transportation and / or the Niagara Parks Commission should be consulted for specific development requirements adjacent to provincial highways SETBACK FROM WASTE DISPOSAL SITES Notwithstanding any other provision of this By-law, all development is required to be setback a distance of 500 m ( ft) from an existing and former waste disposal cell(s) unless it can be demonstrated that: a) There is no evidence of leachate, methane gas migration, or other contaminants present in the soil or ground water supply. b) Where there is leachate, gas migration or other contaminants in the soil and ground water supply, any potential adverse impacts from such leachate, gas migration or contaminants can be safely mitigated. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 126

140 Section 6 General Provisions 6.52 SIGHT TRIANGLE On a corner lot within the sight triangle, no hedge, shrub, tree, ornamental structure, statue or fence shall be planted, maintained or erected which will obstruct the vision of, or cause safety concerns regarding vehicular traffic SIGNS The provisions of this By-law shall not apply to prevent the erection, alteration or use of any sign provided such sign complies with the By-laws of the Town, the Niagara Parks Commission, and the Ministry of Transportation, regulating signs. No business sign or advertising shall be erected or attached to those structures listed in Section 6.21 Height Restrictions Exceptions. Only safety and hazard signs for public information and safety purposes may be erected on these structures, if necessary STRUCTURES IN WATER No person shall erect, alter or use any structure located in navigable water or a water body except in compliance with the Lakes and Rivers Improvement Act, the Fisheries Act, and the Navigable Waters Act. Along the Niagara River, all structures within the water body from Navy Hall to the south limits of the municipality are also subject to the requirements of the Niagara Parks Commission. Flood control structures and irrigation dams and structures within the municipal drainage and irrigation system are exempt from this restriction TRANS CANADA PIPELINES PROVISIONS All permanent structures and excavations must be located at least seven (7) m (22.97 ft) from the limits of the Trans Canada Pipelines right-of-way. Accessory structures and lots with side-yards abutting the right-of-way shall have a minimum setback of at least 3 m from the limit of the right-of-way USES AND ACTIVITIES PROHIBITED IN ALL ZONES Notwithstanding any other provisions of this By-law, the following uses and activities are prohibited in all zones, either alone or in conjunction with other uses, except where specifically permitted by this By-law: a) Any trades, businesses, manufacturers and related uses deemed offensive or noxious by the Environmental Protection Act, as amended from time to time. b) An adult entertainment parlour. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 127

141 Section 6 General Provisions c) An adult entertainment store. d) Adult entertainment video rental or retail establishment. e) A body rub parlour. f) A gaming establishment. g) Commercial manufacturing of fertilizers. h) Locating or storing on any land for any purpose any disused railroad car, street car body, truck body, bus body or truck trailer without wheels, whether or not the same is situated on a foundation; notwithstanding, truck trailers with or without wheel bodies are permitted for storage purposes in the Agricultural (A) Zone as part of an agricultural operation if screened from view, and will be located to conform to zoning requirements. i) Storage or stockpiling of tires or automobile parts. j) The keeping or raising of any bull, ox, cow, sheep, goat, pig, poultry, horse, reptile or any wild animal including any tamed or domesticated wild animal on any lot or in any building or structure in any Residential Zone or on any lot in the Agricultural Zone having a lot area less than 0.4 ha. k) Commercial track for the racing of motor vehicles, motorcycles or motorized snow vehicles. l) The use of transport trailers, trucks, buses and coach or streetcar bodies as living accommodation or for the purposes of a commercial business or office. m) The incineration or disposal of biomedical wastes, organic or inorganic chemical wastes, or radioactive wastes. n) Locating or storing of used concrete or asphalt products on any land for any purpose, including crushing and sorting, except for: 1) In an Extractive Industrial (EI) Zone. 2) As a temporary use associated with a public undertaking within the limits of the said undertaking or on land adjacent to said undertaking, Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 128

142 Section 6 General Provisions for the duration of the undertaking. o) A salvage yard or automobile wrecking establishment. p) Storage, incineration or disposal of toxic chemicals. q) Any uses or activities deemed unlawful under other Federal, Provincial or Municipal acts, codes, or By-laws USES PERMITTED IN ALL ZONES Notwithstanding any provision of this By-law, any lot may be used or developed and any building or structure may be erected, altered, enlarged, renovated, maintained, or used in any zone for the following purposes: a) Any sheds, scaffolds or other structures incidental to building construction on the premises for so long as the same is necessary for work in progress which has neither been finished nor abandoned. b) Secondary uses which are clearly subordinate to an existing permitted use within the zone and provided that such uses, buildings, or structures shall be in compliance with the regulations of the zone in which they are located and the applicable provisions of Section 6.1, Accessory Buildings and Structures. c) Infrastructure provided it complies with the zone regulations of the zone wherein the infrastructure is located WATERFRONT DOCKS, PIERS, LANDING PLACES AND PUBLIC BOAT LAUNCH Where permitted by this By-law, docks, piers, and landing places shall be erected, enlarged, altered and used in the water in accordance with the following regulations: a) Docks, piers, landing places or boat launches shall abut the shoreline. b) Docks, piers, landing places or boat launches shall not obstruct navigation or infringe upon established access rights. c) Docks, piers, landing places and boat launches shall be subject to the approval of the appropriate authority, i.e. Niagara Parks Commission, Niagara Peninsula Conservation Authority, or the Ministry of Natural Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 129

143 Section 6 General Provisions Resources. d) A public boat launch shall not be permitted in a Residential Zone WIND ENERGY SYSTEM Wind Energy Systems The following provisions shall apply: a) All wind energy systems shall be subject to site plan control. b) Shadow flicker experienced at any Point of Reception shall not exceed thirty (30) hours per year, modeled based on the worst case conditions, as a result of the operation of a wind energy system. c) All Wind Energy System are subject to the provisions of Section 6.22 regarding Niagara District Airport Height Exceptions. d) No advertising sign or logo shall be visible on any turbine. e) A maximum of one (1) wind energy system per property is permitted. The number of micro, small and medium scale turbines per property may be subject to a zoning By-law amendment, depending on the particular aspects of a proposal discussed during pre-consultation with the Town. f) New wind energy systems must be set back from a King s Highway or controlled access highway a minimum distance equal to the distance of the height of the turbine, plus the length of the blade. g) For all other road allowances outside of the control of the Ontario Ministry of Transportation, new or expanded wind energy systems must be setback a minimum distance equal to 1.25 times the height of the turbine. h) All new structures (above or below grade) shall be setback a minimum of 14 m from the property line of a Provincial highway property line, as required by the Ontario Ministry of Transportation. i) Building permits for wind energy systems shall be referred to the Ontario Ministry of Transportation, whose area of permit control extends 45 m from the limit of a Kings Highway or controlled access highway, or within 400 m of the centre point of an intersection with a King s Highway. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 130

144 Section 6 General Provisions j) Building permits for small, medium and large wind energy systems shall be referred to Transport Canada for obstacle and lighting clearance. k) No wind energy system is permitted within lands operating under a mineral/aggregate extraction license. l) No wind energy system shall be located on a property within a designated heritage district, or containing a designated heritage building. Furthermore, any property adjoining a heritage district or property containing a designated heritage building shall not have a wind energy system Micro Scale Wind Energy Systems Micro Scale Wind Energy Systems are permitted in all zones, and: a) Shall not exceed 16.6 m in height. b) Shall not exceed a sound level limit of 45 dba at the property limit within all recognized settlement areas, except for Niagara Old Town. In all other areas, and the settlement area of Niagara Old Town, a sound level limit of 40 dba shall not be exceeded at the property line. c) Within residential zones, shall not utilize free standing Wind Turbines (including those using guy wires) and shall be located on or directly supported by an existing building. d) In all zones other than residential, shall be setback a minimum of the turbine height from any side or rear boundary unless located on or directly supported by an existing building. e) Where supported by or located on an existing building in a residential zone, wind turbines shall be located towards the rear and / or sides of the existing building. f) Shall be contained within the rear yard setback unless located on an existing building Medium Scale Wind Energy Systems Medium scale wind energy systems are not permitted in any zone without a site specific zoning By-law amendment Large Scale Wind Energy Systems Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 131

145 Section 6 General Provisions Large scale wind energy systems are not permitted in any zone without a site specific zoning By-law amendment YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES No part of a yard or other open space required abutting a 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 required for another building. Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 132

146 Section 7 Old Town Community Zoning District Section 7: Old Town Community Zoning District Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 133

147 Section 7 Old Town Community Zoning District SECTION 7: OLD TOWN COMMUNITY ZONING DISTRICT The provisions of the Old Town Community Zoning District shall apply to all lands within the Urban Area Boundary established on Schedule B in the Town of Niagara-on-the- Lake s Official Plan in addition to Fort Mississauga and the lands associated with the Niagara-on-the-Lake golf course, as shown on Schedules A-1' to A-4' of this By-law. 7.1 ESTABLISHED RESIDENTIAL (ER) ZONE In the Old Town Community Zoning District - Established Residential (ER) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A single detached dwelling b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or a home profession in accordance with Section 6.24 d) A group home in accordance with Section 6.20 e) A public use in accordance with Section f) Accessory buildings and structures in accordance with Section Zone Requirements: a) Required lot frontage and lot depth Lots located within the Established Residential (ER) Zone shall have a lot frontage and lot depth based on the average of the lot frontages and lot depths of existing lots in the same Block Face that the lot is located. b) Required front yard setbacks Front yard setbacks for main buildings, and / or building additions to the main building located on lots within the Established Residential (ER) Zone shall have a building front setback based on the average of the front yard setbacks of existing main buildings on the same Block Face that the lot is located. A detached or attached garage shall be setback from the front lot line a minimum of 1.0 m (3.28 ft) greater than the setback of the main building. c) Required rear yard setback m (24.6 ft) d) Minimum interior side yard setback m (3.94 ft) e) Required exterior side yard setback Exterior yard setbacks for new buildings and/or building additions located on lots with an exterior side yard within the Established Residential (ER) Zone shall have a building exterior side yard setback based on the average Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 134

148 Section 7 Old Town Community Zoning District exterior side yard setback of existing buildings on the other lots in the same intersection. f) Required building height Building height for new buildings located within the Established Residential (ER) Zone shall be the average existing building height within the same Block Face that the lot is located. g) Minimum rear and side yard setback for accessory buildings m (5 ft) 7.2 ESTABLISHED RESIDENTIAL (ER2) ZONE (Chautauqua Community) In the Old Town Community Zoning District - Established Residential (ER2) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A single detached dwelling b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or a home profession in accordance with Section 6.24 d) A group home in accordance with Section 6.20 e) A public use in accordance with Section f) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot area...as existing b) Minimum lot frontage and lot depth...as existing c) Minimum front yard setbacks...average of existing main building front setbacks on the same block face that the lot is located. d) Required rear yard setbacks m (24.6 ft) e) Minimum interior side yard setback m (3.94 ft) f) Minimum exterior side yard setback m (3.94 ft) g) Required building height building height for new buildings located within the established residential (ER2) zone shall be the average existing main building height within the same Block Face that the lot is located. h) Minimum rear and side yard setback for accessory buildings m (2.0 ft) 7.3 RESIDENTIAL (R1) ZONE In the Old Town Community Zoning District - Residential (R1) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 135

149 Section 7 Old Town Community Zoning District Permitted Uses: a) A single detached dwelling b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or a home profession in accordance with Section 6.24 d) A group home in accordance with Section 6.20 e) A public use in accordance with Section f) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (60 ft) b) Maximum lot frontage m (70.5 ft) c) Minimum lot area m 2 ( ft 2 ) d) Maximum lot area m 2 (8396 ft 2 ) e) Maximum lot coverage...33% f) Minimum landscaped open space...30% g) Minimum front yard setback m (24.6 ft) h) Minimum interior side yard setback m (5 ft) i) Minimum exterior side yard setback m (14.76 ft) j) Minimum rear yard setback m (24.6 ft) k) Minimum dwelling floor area...93 m 2 (1001 ft 2 ) l) Maximum building height m (32.8 ft) m) Minimum accessory building yards setback m (5 ft) n) Minimum accessory building exterior side yard setback m (14.76 ft) 7.4 RESIDENTIAL (R2) ZONE In the Old Town Community Zoning District - Residential (R2) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A semi detached dwelling b) A duplex dwelling c) A converted dwelling unit d) A public use in accordance with Section e) A group home in accordance with Section 6.20 f) Accessory buildings and structures in accordance with Section Zone Requirements: Semi Detached Dwelling: Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 136

150 Section 7 Old Town Community Zoning District a) Minimum lot frontage per unit m (29.53 ft) b) Minimum lot area per unit m 2 (3595 ft 2 ) c) Maximum lot coverage per unit...33% d) Minimum landscaped open space...30% e) Minimum front yard setback m (24.6 ft) f) Minimum interior side yard setback m (5 ft) g) Minimum interior side yard setback for common wall...0 m (0 ft) h) Minimum exterior side yard setback m (14.76 ft) i) Minimum rear yard setback m (24.6 ft) j) Minimum dwelling floor area...93 m 2 (1001 ft 2 ) k) Maximum building height m (32.8 ft) l) Minimum accessory building yards setback m (5 ft) m) Minimum setback of uncovered, unenclosed or covered patio or deck form requires a side yard setback of 0.6 m (2 ft). Duplex Dwelling: a) Minimum lot frontage m (60 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage...33% d) Minimum landscaped open space...30% e) Minimum front yard setback m (24.6 ft) f) Minimum interior side yard setback m (5 ft) g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum dwelling floor area...93 m 2 (1001 ft 2 ) j) Maximum building height m (32.8 ft) k) Minimum accessory building yards setback m (5 ft) 7.5 RESIDENTIAL MULTIPLE (RM1) ZONE In the Old Town Community Zoning District - Residential Multiple (RM1) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A triplex dwelling b) A four-plex or quadraplex dwelling c) A converted dwelling unit d) A townhouse or row dwelling e) An apartment building Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 137

151 Section 7 Old Town Community Zoning District f) A public use in accordance with Section g) Accessory buildings and structures in accordance with Section Zone Requirements: A Triplex, Four-plex, Quadraplex and 3 or 4 Unit Converted Dwelling: a) Minimum lot frontage m (60 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage...40% d) Minimum landscaped open space...30% e) Minimum front yard setback m (24.6 ft) f) Minimum interior side yard setback m (5 ft) g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum dwelling unit floor area: 1) Bachelor unit...37 m 2 (400 ft 2 ) 2) 1 bedroom unit m 2 (600 ft 2 ) 3) 2 bedroom unit...69 m 2 (743 ft 2 ) 4) 3 bedroom unit...80 m 2 (861 ft 2 ) j) Maximum building height m (32.8 ft) k) Minimum accessory building yards setback m (5 ft) A Townhouse or Row-house Dwelling: a) Minimum lot frontage: 1) Interior unit m (24.6 ft) 2) Exterior unit m (29.53 ft) b) Minimum lot area per unit m 2 (2099 ft 2 ) c) Maximum lot coverage...50% d) Minimum landscaped open space...25% e) Minimum front yard setback m (19.69 ft) f) Minimum interior side yard setback m (5 ft); 0 m (0 ft) for common walls g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum dwelling floor area...84 m 2 (904 ft 2 ) j) Maximum building height...10 m (32.8 ft) k) Minimum accessory building yards setback m (1.64 ft) l) Minimum setback of uncovered, unenclosed or covered patio or deck form requires a side yard setback of 0.6 m (2 ft). Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 138

152 Section 7 Old Town Community Zoning District An Apartment Building: a) Minimum lot frontage m (82 ft) b) Minimum lot area m 2 (9817 ft 2 ) c) Maximum lot coverage...50% d) Minimum landscaped open space...25% e) Minimum front yard setback m (24.6 ft) f) Minimum interior side yard setback...5 m (24.6 ft) g) Minimum exterior side yard setback m (24.6 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum dwelling unit floor area: 1) Bachelor unit...37 m 2 (400 ft 2 ) 2) 1 bedroom unit m 2 (600 ft 2 ) 3) 2 bedroom unit m 2 (743 ft 2 ) 4) 3 bedroom unit...80 m 2 (861 ft 2 ) j) Maximum building height m (39.4 ft) k) Minimum accessory building yards setback m (5 ft) 7.6 RESIDENTIAL DEVELOPMENT (RD) ZONE In the Old Town Community Zoning District - Residential Development (RD) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses a) Existing uses Zone Requirements: a) As existing b) Additions to a existing single detached dwelling shall be in accordance with Section NOTE: This zone is a development zone intending that the lands so zoned shall be developed for residential purposes at a subsequent date. The appropriate zone category shall be established through a zoning By-law amendment. 7.7 QUEEN PICTON COMMERCIAL (QPC) ZONE In the Old Town Community Zoning District - Queen Picton Commercial (QPC) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 139

153 Section 7 Old Town Community Zoning District Permitted Uses: a) A retail store b) A restaurant, but no new take-out restaurant c) An outdoor patio restaurant, in accordance with Section 6.36 d) A theatre e) A community centre f) A bank or financial institution g) A hotel h) A business or professional office i) A residential unit in accordance with Section 6.48 j) Accessory buildings and structures in accordance with Section 6.1 k) A bakeshop l) An existing grocery store, with limited outdoor display of goods Conditional Uses: Any change of use within the Queen Picton Commercial (QPC) Zone after the approval date of this By-law, shall require a planning impact statement which shall include an analysis of the impacts on traffic, parking, streetscape and compatibility of use in the Queen Picton Commercial Zone Required Lot Frontage and Lot Depth: Lots located within the Queen Picton Commercial (QPC) Zone shall have a lot frontage and lot depth based on the average of the lot frontages and lot depths of existing lots in the same Block Face that the lot is located Required Yard Setbacks: Rear yard setback for buildings located within the Queen Picton Commercial (QPC) Zone shall be established by the average of the rear yard setbacks within the same Block Face that the lot is located. Exterior yard setbacks for new buildings and/or building additions located on lots with an exterior side yard within the Queen Picton Commercial (QPC) Zone shall have a building exterior side yard setback based on the average exterior side yard setback of existing buildings on the other lots in the same intersection. There shall be no front yard or interior side yard requirements for buildings located within the Queen Picton Commercial (QPC) Zone Required Building Height: The height of existing buildings in the Queen Picton Commercial (QPC) Zone shall not be increased. The building height for new buildings located within the Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 140

154 Section 7 Old Town Community Zoning District Queen Picton Commercial (QPC) Zone shall be the average of existing building heights within the same Block Face that the new building is located Required Building Lot Coverage: Building lot coverage for lots located within the Queen Commercial (QPC) Zone shall have a maximum building lot coverage based on the average of the lot coverage of existing buildings within the same Block Face that the building is located. Where the building lot coverage of the properties having a location within the same Block Face cannot be determined, the maximum lot coverage shall be seventy-five per cent (75 %) Buffer Strip: Where an interior side yard or rear yard of a lot located within the Queen Picton Commercial (QPC) Zone abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of m (5 ft) in width shall be used as a buffer strip and shall consist of a continuous natural living fence and be in accordance with Section GENERAL COMMERCIAL (GC) ZONE In the Old Town Community Zoning District - General Commercial (GC) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A retail store b) A service establishment c) A restaurant d) A take-out restaurant e) An outdoor patio restaurant, as a secondary use to an existing restaurant in accordance with Section 6.36 f) A theatre g) A bank or financial institution h) A business or professional office i) A hotel j) A private club k) A tavern l) A funeral home or undertaking establishment m) A printing or binding establishment n) An automobile service station Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 141

155 Section 7 Old Town Community Zoning District o) An art, craft or photography studio p) A veterinarian clinic q) A commercial recreation facility r) A convenience store s) A community centre t) A bakeshop u) A rental outlet v) A residential unit in accordance with Section 6.48 w) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (49.2 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage...50% d) Minimum landscaped open space...20% e) Minimum front yard setback m (14.76 ft) f) Minimum interior side yard setback m (3.94 ft) g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum building height m (32.8 ft) j) Maximum building height m (34.45 ft) k) Minimum accessory building yards setback...2 m (3.94 ft) Buffer Strip: Where the interior side yard or rear lot line of a lot zoned General Commercial (GC) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section MARINE COMMERCIAL (MC) ZONE In the Old Town Community Zoning District - Marine Commercial (MC) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A marina b) A boat storage establishment c) A marine passenger service terminal d) A marine retail or outfitting outlet Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 142

156 Section 7 Old Town Community Zoning District e) A sail maker f) A parking lot g) A swimming area h) A private club i) A motel j) A hotel k) A dock l) A residential unit in accordance with Section 6.48 m) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (59 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage...50% d) Minimum landscaped open space...20% e) Minimum front yard setback m (14.76 ft) f) Minimum interior side yard setback m (3.94 ft) g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum building height m (34.45 ft) j) Maximum building height m (34.45 ft) k) Minimum accessory building yards setback m (3.94 ft) Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Marine Commercial (MC) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section INSTITUTIONAL (I) ZONE In the Old Town Community Zoning District - Institutional (I) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A church or religious institution b) An ambulance service detachment c) A nursing home d) A hospital Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 143

157 Section 7 Old Town Community Zoning District e) A museum f) A school g) A library h) A fire hall i) A day care centre j) A community centre k) A cemetery l) A public use in accordance with Section m) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m ( ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage...15% d) Minimum landscaped open space...20% e) Minimum front yard setback m (49.2 ft) f) Minimum interior side yard setback m (9.84 ft) g) Minimum exterior side yard setback m (29.53 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum and maximum building height m (34.45 ft) j) Maximum building height m (34.45 ft) k) Minimum accessory building yards setback m (3.94 ft) Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Institutional (I) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section OPEN SPACE (OS) ZONE In the Old Town Community Zoning District - Open Space (OS) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A public or private park b) A picnic area c) A recreational use d) Existing golf course Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 144

158 Section 7 Old Town Community Zoning District e) A private club f) A public use in accordance with Section g) Accessory buildings and structures in accordance with Section 6.1 h) Uses permitted by the Niagara Parks Act Zone Requirements: a) Minimum lot frontage...n/a b) Minimum lot area...n/a c) Maximum lot coverage...5% d) Minimum landscaped open space...n/a e) Minimum front yard setback m (49.2 ft) f) Minimum interior side yard setback m (9.84 ft) g) Minimum exterior side yard setback m (29.53 ft) h) Minimum rear yard setback m (24.6 ft) i) Maximum building height m (28.22 ft) j) Minimum accessory building yards setback m (3.94 ft) 7.12 HOLDING (H-1) ZONE In the Old Town Community Zoning District Holding (H-1) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) Existing uses Note: Final zone designation is subject to the approval of the secondary plan and to an amendment of the Comprehensive Zoning By-law ENVIRONMENTAL CONSERVATION ZONE OVERLAY The Environmental Conservation Zone Overlay provides regulations for new development, additions to existing development, and setbacks from each natural feature as listed. For each natural feature, there is a list of permitted uses within the feature and a list of permitted uses adjacent to the feature, along with a number of regulations. These include minimum setbacks, and studies required to determine the effect of development on the natural feature. Where the following zoning regulations specify that a use is permitted subject to Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 145

159 Section 7 Old Town Community Zoning District an Environmental Impact Study (EIS), no new building or structure and no expansion to any existing building or structure shall be permitted unless it has been demonstrated through an EIS that there will be no negative impact on the adjacent natural feature Water Feature Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS). b) Public boat launch and dock, subject to an environmental impact study (EIS). c) Existing private boathouses and docks d) Permitted uses adjacent to Water Feature 1: 1) Existing dwellings, buildings and structures 2) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) 3) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) 4) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) 5) Infrastructure e) Uses permitted by the Niagara Parks Act Zoning requirements: a) Within 30 m of the edge of the feature an environmental impact study (EIS) is required to determine the required minimum setback, with a minimum setback no less than 30 m required. A narrower buffer may be considered where the EIS has demonstrated it will not harm fish or fish habitat, but in no case shall the buffer be less than 15 m. b) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) Water Feature Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS). b) Public boat launch and dock, subject to an environmental impact study Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 146

160 Section 7 Old Town Community Zoning District (EIS). c) Existing private boathouses and docks. d) Permitted uses adjacent to Water Feature 2: 1) Existing dwellings, buildings and structures 2) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) 3) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS). 4) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA). 5) Infrastructure Zoning requirements: a) Within 30 m of the edge of the feature an EIS is required to determine the required minimum setback, with a minimum setback no less than 15 m required. A narrower buffer may be considered where the EIS has demonstrated it will not harm fish or fish habitat. b) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) Regional Environmental Conservation Area Permitted Uses: a) Conservation management activities and uses subject to an environmental impact study (EIS) b) Existing public and private parks c) Public boat launch and dock, subject to an environmental impact study (EIS) d) Existing private boathouses and docks e) Existing dwellings, buildings and structures f) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) g) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) h) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) j) Uses permitted by the Niagara Parks Act i) Infrastructure Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 147

161 Section 7 Old Town Community Zoning District Zoning requirements: a) Within 50 m of the edge of the conservation area, an EIS is required to determine the minimum setback b) A single detached dwelling is permitted within a significant woodland on existing lots of record, but will require an environmental impact study (EIS) and clearance from the Niagara Peninsula Conservation Authority (NPCA). c) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) and the Niagara Parks Commission NPCA Regulation Area Development subject to NPCA approval Water body Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS) b) Public boat launch and dock, subject to an environmental impact study (EIS) c) Existing private boathouses and docks d) Infrastructure e) Permitted Uses adjacent to a Water body: 1) Existing public and private parks 2) Existing dwellings, buildings and structures 3) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) 4) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) 5) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) 6) Infrastructure f) Uses permitted by the Niagara Parks Commission Zoning requirements: a) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 148

162 Section 7 Old Town Community Zoning District 7.14 SITE SPECIFIC EXCEPTIONS The Village Subdivision, Niagara Stone Road See Schedule A-3 (C6, C7, C7-M, OS, OS-1, R1-1, RM5, & RM5-1) Notwithstanding the provisions of the Residential, Commercial and Open Space Zones, for lands located within the Village Subdivision identified as (C6), (C7), (C7-M), (OS), (OS-1), (R1-1), (RM5), and (RM5-1) on Schedule A-3' and shown on Figure F below, the following Zones, permitted uses and zone requirements shall apply: Local Commercial (C6) Zone Permitted Uses a) Convenience store b) Bank or financial institution c) Personal service establishment d) Restaurant e) Take out food restaurant f) Outdoor patio restaurant, as a secondary use to an existing restaurant g) Retail stores h) Business and professional offices and clinics i) Residential dwelling units above and / or behind any permitted use Zone Requirements a) Minimum setback from Regional Road m (49.2 ft) All other building setbacks shall be regulated by the architectural codes contained in the subdivision agreement b) Maximum building height m (36 ft) c) Maximum lot coverage...80% d) Floor area restrictions: 1) Maximum gross leasable floor area for a single use m 2 (5, ft 2 ) 2) Maximum total gross leasable floor area for all uses in a Local Commercial (C6) Zone m 2 (19, ft 2 ) 3) The floor area restrictions shall not apply to business and professional offices and clinics e) Minimum dwelling unit area: 1) One bedroom dwelling unit...41 m 2 ( ft 2 ) 2) Two bedroom dwelling unit...69 m 2 ( ft 2 ) 3) Three bedroom dwelling unit...80 m 2 ( ft 2 ) Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 149

163 Section 7 Old Town Community Zoning District Commercial (C7) Zone Permitted Uses a) A clubhouse b) A micro-brewery c) A school d) A religious institution e) A public use f) A theatre g) A residential dwelling unit above and / or behind any permitted use h) An outdoor event area: An outdoor event area / tent area is permitted subject to a maximum of 26 events each calendar year [each event not to exceed 12 hours per day in duration], and shall be subject to the following provisions: 1) A minimum setback of 100 m from any residential zone (RM5 and RM5-1 Zone categories) shall be provided. 2) Hours of operation shall be limited to between 10:00 a.m. and 10:00 p.m. 3) The use shall be permitted to operate throughout the year to the maximum number of events permitted. 4) There shall be no amplified music or public address system. 5) A maximum of one (1) event shall be permitted at any given time. 6) All outdoor lighting shall be deflected away from any residential area. 7) A minimum of twenty-five (25) on-site parking spaces shall be provided. 8) The provisions of Section 6.27, Loading Space Requirements, shall not apply. i) Retail and service uses: 1) An agricultural market or a public market 2) A custom workshop 3) A retail store 4) A personal service establishment 5) A restaurant 6) A take-out food restaurant 7) An outdoor patio restaurant, as a secondary use to an existing restaurant. 8) A business and professional office and clinic Zone Requirements a) Minimum building setback from Regional Road m Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 150

164 Section 7 Old Town Community Zoning District (49.2 ft). All other building setbacks shall be regulated by the architectural code contained in the subdivision agreement. b) Maximum building height m (36 ft) c) Maximum lot coverage...80% d) Floor area restrictions for retail and service uses: 1) Maximum gross leasable floor area for a single use m 2 ( ft 2 ) 2) Maximum total gross leasable floor area for all retail and service uses m 2 ( ft 2 ) e) Minimum dwelling area: 1) One bedroom dwelling...41 m 2 ( ft 2 ) 2) Two bedroom dwelling...69 m 2 ( ft 2 ) 3) Three bedroom dwelling...80 m 2 ( ft 2 ) f) Off street parking requirements in accordance with Section (c) Commercial Mixed (C7-M) Zone Permitted Uses: a) Any use permitted in the Commercial (C7) Zone subject to the zone requirements of that zone b) Any use permitted in the Medium Density Residential (RM5-1) Zone subject to the zone requirements of that zone Zone Requirement: a) Notwithstanding the permitted uses in the Commercial Mixed (C7-M) Zone, at build-out for land within this zone, a minimum of 51% of the total ground floor area of all buildings shall be devoted to commercial use Open Space (OS) Zone Permitted Uses: a) Landscaped open space Zone Requirements: a) Minimum building setback from Regional Road m (49.2 ft) All other building setbacks shall be regulated by the architectural code contained in the subdivision agreement b) Maximum lot coverage...10% c) Maximum building height...5 m (16.4 ft) d) Off street parking requirements in accordance with Section (c). Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 151

165 Section 7 Old Town Community Zoning District Open Space (OS-1) Zone Permitted Uses: a) Landscaped open space Zone Requirements: a) Building setbacks shall be regulated by the architectural code contained in the subdivision agreement. b) Maximum lot coverage...15% c) Maximum building height...5 m d) Off street parking requirements in accordance with Section (c) Residential (R1-A) Zone: Permitted Uses: a) A single detached dwelling (Type A or Type B) b) Accessory buildings and structures, c) A bed and breakfast establishment d) A lodging house providing accommodation for a maximum of two (2) roomers or boarders per dwelling e) A group home except for a group home for the socially disadvantaged, a group home for alcoholics, a group home for ex-offenders and community resource centres subject to Section 6.20 f) A home occupation including a private workshop in an accessory building that is operated by the resident of the dwelling for the purposes of making home crafts. Home crafts are not permitted to be sold from the property Zone Requirements: a) Single Detached Dwelling Type A: 1) Minimum lot frontage...21 m (69 ft) 2) Minimum lot area m 2 ( ft 2 ) 3) Maximum lot coverage...40% 4) Minimum landscaped open space...33% 5) Building setbacks shall be regulated by the architectural code contained in the subdivision agreement. 6) Minimum dwelling unit area...93 m 2 (1001 ft 2 ) 7) Maximum building height m (31.17 ft) 8) Minimum parking requirement in accordance with Section (c) b) Single detached dwelling type B: 1) Minimum lot frontage...18 m 2) Minimum lot area m 2 ( ft 2 ) Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 152

166 Section 7 Old Town Community Zoning District 3) Maximum lot coverage...50% 4) Minimum landscaped open space...33% 5) Building setbacks shall be regulated by the architectural code contained in the subdivision agreement. 6) Minimum dwelling unit area...93 m 2 (1001 ft 2 ) 7) Maximum building height m (31.17 ft) 8) Minimum parking requirement in accordance with Section (c) c) Rear yard building restriction: 1) Notwithstanding the accessory buildings and structures provisions of Section , no person shall within a required rear yard building setback of 7.6 m (24.93 ft) of a Residential (R1-A) Zone erect, or construct any building or structure for any purpose except for one accessory building having a maximum floor area of m 2, a minimum building setback of 1.5 m (5 ft) from any property line and a maximum building height of 3.0 m (9.84 ft) which shall not be used for the storage or parking of an automobile. This provision shall not apply to swimming pools Medium Density Residential (RM5) Zone Permitted Uses: a) Any use permitted in a Residential (R1-A) Zone b) A single detached dwelling (Type C and Type D) c) A semi-detached dwelling d) A townhouse dwelling e) Accessory buildings and structures f) A home occupation including an office or a workshop for the purposes of making home crafts may be permitted in a accessory building provided that office or workshop is operated by a resident of the dwelling. There shall be no retail sales of items, goods or products permitted from these premises; g) A lodging house providing accommodation for a maximum of two (2) roomers or boarders per dwelling h) A group home except for a group home for the socially disadvantaged, a group home for alcoholics, a group home for ex-offenders and community resource centres subject to Section Zone Requirements: a) A use permitted in a Residential (R1-A) Zone shall be in accordance with the Zone Requirements of Section Town of Niagara-on-the-Lake - Comprehensive Zoning By-Law July 2009 Page 153

167 Section 7 Old Town Community Zoning District b) Single Detached Dwelling Type C: 1) Minimum lot frontage m (27.89 ft) 2) Minimum lot area m 2 ( ft 2 ) 3) Maximum lot coverage...65% 4) Minimum landscaped open space...15% 5) Building setbacks shall be regulated by the architectural code contained in the subdivision agreement 6) Minimum dwelling unit area...93 m 2 (1001 ft 2 ) 7) Maximum building height m (31.17 ft) 8) Minimum parking requirement in accordance with Section (c) c) Single Detached Dwelling Type D: 1) No frontage on a public road, access by private lane. 2) Minimum lot area m 2 ( ft 2 ) 3) Maximum lot coverage...65% 4) Minimum landscaped open space...15% 5) Building setbacks shall be regulated by the architectural code contained in the subdivision agreement. 6) Minimum outdoor privacy area...20 m 2 7) Minimum dwelling unit area...93 m 2 (1001 ft 2 ) 8) Maximum building height m (31.17 ft) 9) Minimum parking requirement in accordance with Section (c) d) Semi Detached Dwelling or Townhouse Dwelling: 1) Minimum lot frontage m (19.69 ft) per unit 2) Minimum lot area m 2 ( ft 2 ) per unit 3) Maximum lot coverage...80% 4) Minimum landscaped open space...10% 5) Building setbacks shall be regulated by the architectural code contained in the subdivision agreement. 6) Minimum dwelling unit area...83 m 2 ( ft 2 ) 7) Maximum building height m (31.17 ft) 8) Minimum parking requirement in accordance with Section (c) Medium Density Residential (RM5-1) Zone Permitted Uses: a) Any use permitted in the Medium Density Residential (RM5) Zone b) A apartment building c) A Retirement Residence - one hundred twenty (120) suites d) A nursing home e) Accessory buildings and structures Town of Niagara-on-the-Lake Comprehensive Zoning By-law July Page 154

168 Section 7 Old Town Community Zoning District f) A home occupation including an office or a workshop for the purposes of making home crafts may be permitted in an accessory building provided that office or workshop is operated by a resident of the dwelling Zone Requirements: a) A use permitted in the Medium Density (RM5) Zone shall be in accordance with the Zone Requirements of Section b) Apartment building: 1) Minimum lot frontage...18 m (59 ft) 2) Minimum lot area...50 m 2 per unit 3) Maximum lot coverage...80% provided that an Open Space (OS-1) Zone is within 20 m (65.62 ft) of the subject property, otherwise the maximum lot coverage shall be 40%. 4) Minimum landscaped open space...10% provided that an Open Space (OS-1) Zone is within 20 m (65.62 ft) of the subject property; otherwise the minimum landscaped open space requirement shall be 33%. 5) Building setbacks shall be regulated by the architectural code contained in the subdivision agreement 6) Minimum dwelling unit area: a) One bedroom unit...41 m 2 ( ft 2 ) b) Two bedroom unit...69 m 2 ( ft 2 ) c) Three bedroom unit or greater...80 m 2 ( ft 2 ) d) Maximum building height...11 m (36 ft) e) Minimum parking requirement in accordance with Section (c). c) Retirement Residence: 1) Minimum lot area ha (2.0 ac) 2) Minimum lot frontage (Rampart Street) m (348.4 ft) 3) Minimum lot depth m (254.3 ft) 4) Maximum lot coverage...43% 5) Maximum building height (measured at Rampart St) m 46.5 ft 6) Minimum westerly setback (from Niven Road) m (12.8 ft) 7) Minimum easterly setback (from Rampart St)...4 m (13.1 ft) 8) Minimum northerly side yard setback m (80.9 ft) 9) Minimum southerly side yard setback...2 m (6.56 ft) 10) Minimum setback from Niven Road for Pavilion m (20.9 ft) 11) Parking spaces...not less than 40 spaces Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 155

169 Section 7 Old Town Community Zoning District 12) Loading spaces...1 d) Nursing Home: 1) Minimum lot frontage...18 m (59 ft) 2) Minimum lot area ha (0.49 ac) 3) Maximum lot overage...80% provided that an Open Space (OS-1) Zone is within 20 m (65.62 ft) of the subject property, otherwise the maximum lot coverage shall be 40% 4) Minimum landscaped open space...10% provided that an Open Space (OS-1) Zone is within 20 m (65.62 ft) of the subject property; otherwise the minimum landscaped open space requirement shall be 33% 5) Building setbacks shall be regulated by the architectural code contained in the subdivision agreement 6) Maximum building height...11 m (36 ft) 7) Minimum parking requirement in accordance with Section (c). 8) Maximum number of beds General Provisions of The Village Subdivision a) Building restriction near Two Mile Creek: no building or structure shall be located within the flood line of Two Mile Creek. Buildings or structures proposed to be located within the fill line of Two Mile Creek shall require the approval of the Niagara Peninsula Conservation Authority or designated authority having jurisdiction. b) Accessory buildings and structures: accessory buildings and structures shall be permitted in all residential, commercial and open space zones subject to the following requirements: 1) Minimum setback from Regional Road m (49.2 ft) 2) Building setbacks shall be regulated by the architectural code contained in the subdivision agreement. 3) Shall not be located in the front yard of any residential zone. 4) Shall not be used for human habitation. 5) Maximum height m (18 ft) save and except for those accessory structures located in the required rear yard of a Residential (R1-1) Zone. 6) Maximum lot coverage: a) Residential (R1-1) Zone...11% b) Any other Zone...15% Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 156

170 Section 7 Old Town Community Zoning District c) Off street parking requirement: 1) Commercial Zones: a) Micro-brewery and custom workshop...1 space for every 90 m 2 of manufacturing area and 1 space for every 33 m 2 ( ft 2 ) of secondary retail sales area or restaurant area. b) All other permitted uses...1 space for every 33 m 2 ( ft 2 ) of gross leasable floor area. c) 1 space per dwelling unit 2) Residential Zones: a) Single detached dwelling (all types)...2 space per unit b) Semi-detached dwelling or townhouse dwelling...2 spaces per unit c) Apartment building...1 space per dwelling unit d) Nursing home...1 space per 4 beds e) Second dwellings...1 space per dwelling unit 3) Open Space Zones: a) Landscaped open space...no parking required b) Low impact recreational use...1 space per employee 4) The off street parking requirements for a commercial use, an apartment building or a nursing home may be provided on a separate lot zoned Local Commercial (C6) Zone, Commercial (C7) Zone, Commercial - Mixed (C7-M) Zone, or Medium Density Residential (RM5-1) and is within 180 m of the building to which the parking requirement applies. 5) Tandem parking to a maximum depth of one tandem space may be permitted to meet the off street parking requirements in a residential zone excluding apartment buildings and nursing homes. 6) The requirements of Section 6.39 Parking Space Requirements, additional provisions (h) shall not apply. d) Building height means the vertical distance between grade and: 1) In the case of a flat roof, the highest point of the roof surface or the parapet, whichever is greater; 2) In the case of a mansard roof, the deck roof line; and, 3) In the case of a gable, hip or gambrel roof, the mean height between the eaves and the ridge. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 157

171 Section 7 Old Town Community Zoning District Figure F: The Village Subdivision, Niagara Stone Road Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 158

172 Section 7 Old Town Community Zoning District Niagara Stone Road - St. Andrew s Glen Subdivision See Schedule A-3 (R1-2) Notwithstanding the provisions of the Residential and Open Space Zones lands located within the St. Andrew s Glen Subdivision as identified as (R1-2) on Schedule A-3', the following permitted uses and zone requirements shall apply: R1-2 Permitted Uses: a) A single detached dwelling unit b) A townhouse dwelling unit c) Accessory buildings and structures R1-2 Zone Requirements: Single Detached Dwellings: a) Maximum number of dwelling units b) Minimum lot frontage on a private street or lane m (42.65 ft) c) Minimum lot area m 2 ( ft 2 ) d) Minimum building setback from an interior side lot line...0 m (3.28 ft) e) Minimum side yard setbacks for: 1) Lot m (22.97 ft) 2) Lot m (26.24 ft) f) Minimum building setback from any other lot m (6.56 ft) g) Minimum building setback for an attached or detached garage m (3.28 ft) h) Minimum setback for an unenclosed porch, steps or deck 1.0 m (3.28 ft) i) Maximum lot coverage including accessory buildings and structures 1) Lots 1-14, % for small dwelling and garage, or 35% for large dwelling and garage. 2) Lots [excluding lot 41 and townhouse units] % for small dwelling and garage, or 46% for large dwelling and garage. 3) Lots % for small dwelling and garage, or 20% for large dwelling and garage. j) Maximum building height m (27.89 ft) k) Minimum outdoor privacy area m 2 ( ft 2 ) l) Minimum off-street parking requirement...2 spaces/unit m) Minimum dwelling unit area m 2 (1001 ft 2 ) n) Minimum setback for a garage from a private laneway m (3.28 ft) Townhouse Dwelling Units: a) Maximum number of dwelling units Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 159

173 Section 7 Old Town Community Zoning District b) Minimum lot exposure on a private street or lane...7 m (22.97 ft) c) Minimum lot area m 2 ( ft 2 ) d) Minimum building setback from an interior side lot line...0.0m e) Minimum side yard setback for lot m (24.6 ft) f) Minimum building setback from any other lot line m (6.56 ft) g) Minimum setback for an unenclosed porch, steps or deck m (3.28 ft) h) Maximum lot coverage including accessory buildings and structure: 1) Townhouse lots 39-41& % for small dwelling and garage, or 43% for large dwelling and garage i) Maximum building height m (30.84 ft) j) Minimum outdoor privacy area m 2 ( ft 2 ) k) Minimum off-street parking requirement...2 spaces / unit l) Minimum dwelling unit area m 2 (1001 ft 2 ) m) Minimum setback for garage from a private laneway m (3.28 ft) Accessory Buildings and Structures: a) Accessory building and structures are not permitted in a front yard b) Minimum setback from any property line m (1.64 ft) c) Minimum building height m (13.12 ft) General Provisions: a) Tandem parking to meet the off-street parking requirements of this By-law is permitted to a maximum depth of one tandem parking space. b) No buildings or structures shall be permitted within 7.6 m (24.93 ft) of the Open Space (OS) Zone without written approval from the Niagara Peninsula Conservation Authority. c) Steps to a deck porch or entrance to a dwelling are permitted to encroach to a property line. d) Section 6.45 Public Street Frontage Required shall not apply. e) Height means, when use with reference to a building, the vertical distance between grade and: 1) In the case of a flat roof, the highest point of the roof surface or the parapet, whichever is greater; 2) In the case of a mansard roof, the deck roof line, and; 3) In the case of a gable, hip or gambrel roof, the roof ridge f) Along the east property boundary of the lands a landscape strip shall be provided having a minimum width of 2 m (6.56 ft). Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 160

174 Section 7 Old Town Community Zoning District Lakeshore Road, Butler s Creek Subdivision (Single Detached Residential) See Schedule A-3 (R1-3) Notwithstanding the provisions of the Residential (R1) Zone, lands located within the Butler s Creek Subdivision, and identified as (R1-3) on Schedule A-3', the following permitted uses and zone requirements shall apply: R1-3 Permitted Uses: a) A single detached dwelling unit b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or home profession in accordance with Section 6.24 d) Accessory structures in accordance with Section R1-3 Zone Requirements: a) Maximum number of dwelling units b) Minimum lot frontage m (52.5 ft) c) Minimum lot area m 2 (7072 ft 2 ) d) Minimum lot depth: 1) Lots 2 and m (62.34 ft) 2) All other lots...30 m (100 ft) e) Maximum building height to peak of roof measured from the grade at the front of the dwelling m (35.10 ft) f) Maximum lot coverage... 33% g) Maximum lot coverage for lot % h) Minimum landscaped open space...35% i) Maximum accessory building height m (14.76 ft) j) Minimum front, rear and side yard requirement and ground floor area shall be regulated in the Subdivider s Agreement Lakeshore Road - Butler s Creek Subdivision (Townhouses) See Schedule A-3 (RM1-4) & (OS-4) Notwithstanding the provisions of the Residential Multiple (RM1) Zone and the Open Space (OS) Zone, lands located within the Butler s Creek Subdivision identified as RM1-4 and OS-4 on Schedule A-3 and shown on Figure F below, the following permitted uses and zone requirements shall apply: RM1 4 Permitted Uses: a) A single detached dwelling b) Townhouse dwelling units c) A bed and breakfast establishment in accordance with Section 6.5 Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 161

175 Section 7 Old Town Community Zoning District d) A home occupation or home profession within a single detached dwelling in accordance with Section 6.24 e) Accessory structures in accordance with Section RM1 4 Zone Requirements: a) Maximum number of dwelling units...24 b) Single detached dwelling: 1) Minimum lot frontage per unit m (50.19 ft) 2) Minimum lot area m 2 ( ft 2 ) 3) Minimum lot depth m (72.17 ft) 4) Maximum building height measured from front grade to peak of roof m (28 ft) 5) Maximum lot coverage...40% 6) Minimum landscaped open space...30% of lot area 7) Maximum accessory building height m (14.76 ft) 8) Minimum front, rear and side yard requirement and ground floor area shall be regulated in the Subdivider s Agreement c) Townhouse dwelling units: 1) Minimum lot frontage per unit m (22.9 ft) 2) Minimum lot area per unit m 2 (3466 ft 2 ) 3) Minimum lot depth m (72.17 ft) 4) Maximum building height measured from front grade to peak of roof m (28 ft) 5) Minimum exterior wall setback m (3.94 ft) 6) Minimum front yard setback from private road m (11.48 ft) 7) Maximum lot coverage % 8) Minimum landscaped open space...30% of lot area 9) Maximum accessory building height m (14.76 ft) 10) Minimum front, rear and side yard requirement and ground floor area shall be regulated in the Subdivider s Agreement Where a yard abuts a property with an existing dwelling at the time of passing this By-law, a minimum setback of 7.62 m (25 ft) shall apply. The required setback of 7.62 m (25 ft) shall apply to the main building and, where a side yard abuts a property with an existing dwelling at the time of passing of this Bylaw, a minimum side yard of 3.0 m (9.84 ft) shall apply to the main building Notwithstanding anything contained in the Residential Multiple (RM1) Zone only one (1) storey townhouse dwelling unit or one (1) storey single detached Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 162

176 Section 7 Old Town Community Zoning District dwelling shall be permitted where the lot directly abuts a property with a single detached dwelling existing at the time of passing of this By-law Uncovered patios, porches, decks, steps and balconies may encroach into a required rear yard setback to a maximum of 2.74 m, provided that they are not more than 0.6 m (2 ft) above grade measured at the rear of the dwelling when abutting residential uses and shall not exceed 2.74 m above grade measured at the rear of the dwelling when abutting along the ravine of Two Mile Creek, provided that a 7.5 m (24.6 ft) structural setback is maintained from Two Mile Creek top of bank for all structural developments on lots 7-13 and Block Parking Requirements shall be regulated in the Subdivider s Agreement Open Space (OS) Zone - Permitted Uses: a) No structural development is permitted Figure F: 1897 Lakeshore Road, Butler s Creek Subdivision The Wilderness 407 King Street See Schedule A-1 (ER-5) Notwithstanding the provisions of the Established Residential (ER) Zone, for lands known as The Wilderness identified as ER-5 on Schedule A-1', the Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 163

177 Section 7 Old Town Community Zoning District following permitted uses and zone requirements shall apply: Permitted Uses: a) Existing single detached dwelling b) A bed and breakfast established in accordance with Section 6.5 c) A home occupation or home profession in accordance with Section 6.24 d) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage...as existing b) Minimum lot area....as existing c) Building setbacks...as existing River Beach Townhouses Melville Street See Schedule A-1 (RM1-6) Notwithstanding the provisions of the Residential Multiple (RM1) Zone, for lands known as the River Beach Townhouse development, identified as RM1-6 on Schedule A-1' and shown on Figure F below, only the following permitted uses and zone requirements shall apply: Permitted Uses: a) Eleven (11) townhouse dwellings b) A home occupation or home profession in accordance with Section l4.6.2 Zone Requirements: a) Minimum lot frontage...28 m (91.86 ft) b) Minimum lot depth...49 m ( ft) c) Minimum lot area m 2 ( ft 2 ) d) Maximum lot coverage...55% e) Maximum building height from existing grade...10 m (32.8 ft) f) Minimum setback for parking areas along interior side lot line m (0 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 164

178 Section 7 Old Town Community Zoning District Figure F: Melville Street, River Beach Townhouses King Street (Brockamour Manor), 328 Queen Street, 287 Davy Street See Schedules A-1 & A-3 (ER-7) Notwithstanding the provisions of the Established Residential (ER) Zone, for lands identified as ER-7 on Schedules A-1' & A-3, the following permitted uses shall apply: Permitted Uses: a) A single detached dwelling b) A six (6) room Country Inn in accordance with Section 6.10 c) A home occupation or a home profession in accordance with Section Regent Street See Schedule A-1 (ER-8) Notwithstanding the provisions of the Established Residential (ER) Zone, for lands identified as ER-8 on Schedule A-1', the following permitted uses shall apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 165

179 Section 7 Old Town Community Zoning District Permitted Uses: a) A single detached dwelling b) A five (5) room Country Inn in accordance with Section 6.10 c) A home occupation or a home profession in accordance with Section Simcoe Street See Schedule A-1 (ER-9) Notwithstanding the provisions of the Established Residential (ER) Zone, for lands identified as ER-9 on Schedule A-1', the following permitted uses and zone requirements shall apply: Permitted Uses: a) A single detached dwelling b) A five (5) room Country Inn in accordance with Section 6.10 c) A home occupation or a home profession in accordance with Section Zone Requirements: a) Minimum lot frontage m b) Minimum rear yard setback of dwelling m (5 ft) c) Minimum exterior side yard setback of dwelling m (9.97 ft) d) Minimum exterior side yard setback of shed m (2 ft) e) Minimum exterior side yard setback of change house...0 m f) The existing pool, shed and change house shall be permitted within the existing front yard setback of the dwelling at 242 Simcoe Street g) Seven (7) parking spaces for the Country Inn shall be permitted in the existing front yard of the dwelling at 242 Simcoe Street h) The use of the existing pool shall not be permitted for guests of the Country Inn permitted herein, and shall be subject to the following: 1) The pool must meet the standards set in Public Pool Regulation Health Protection and Promotion Act prior to opening; 2) The owner shall obtain and maintain in force at all times an insurance policy with public liability coverage limits of at least two million dollars (CDN $2,000,000.00) per occurrence wherein the Town is a named insured with respect to any and all claims arising from the use of the pool on the Owner s property. The owner shall provide proof of such insurance from time to time promptly upon receipt of a written request from the Town. The Owner covenants and hereby agrees that he shall indemnify and hold harmless the Town from any and all claims, actions causes of action, costs, losses or damages of every nature arising from the use of the pool on the Owner s property; Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 166

180 Section 7 Old Town Community Zoning District 3) The Owner shall erect fencing, locks and signage sufficient to prevent guests from using the pool Mary Street See Schedule A-1 (ER-10) Notwithstanding the provisions of the Established Residential (ER) Zone, for lands identified as ER-10 on Schedule A-1', the following permitted uses shall apply: Permitted Uses: a) A single detached dwelling b) A ten (10) room Country Inn in accordance with Section Front Street (Old Bank House) See Schedule A-1 (ER-11) Notwithstanding the provisions of the Established Residential (ER) Zone, for lands identified as ER-11 on Schedule A-1', the following permitted uses shall apply: Permitted Uses: a) A single detached dwelling b) A nine (9) room Country Inn in accordance with Section Johnson Street See Schedule A-1 (ER-12) Notwithstanding the provisions of the Established Residential (ER) Zone, for lands identified as ER-12 on Schedule A-1', the following permitted uses and zone requirements shall apply: Permitted Uses: a) A single detached dwelling b) A five (5) room Country Inn in accordance with Section 6.10 c) A home occupation or home profession in accordance with Section Zone Parking Requirements: a) A minimum of eight (8) parking spaces shall be provided on-site at the rate of: 1) One (1) space per each guest room 2) Two (2) spaces per dwelling unit 3) One (1) space per employee b) Stacked parking is not permitted Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 167

181 Section 7 Old Town Community Zoning District Johnson Street See Schedule A-1 (ER-13) Notwithstanding the provisions of the Established Residential (ER) Zone, for lands identified as ER-13 on Schedule A-1', the following permitted uses shall apply: Permitted Uses: a) A single detached dwelling b) A four (4) room bed and breakfast operation which is to be operated by an owner who is also a resident of the property c) A home occupation or a home profession in accordance with Section Zone Requirements: a) Front yard setback (for existing dwelling) m (7.8ft) b) South easterly side yard setback (for existing dwelling) m (2.94 ft) c) Parking area setback from front lot line m (5 ft) Queen Street See Schedule A-1 (ER-14) Notwithstanding the provisions of the Established Residential (ER) Zone, for lands identified as ER-14 on Schedule A-1', the following permitted uses shall apply: Permitted Uses: a) A single detached dwelling b) A Country Inn with a maximum of six (6) guest rooms which is to be operated by the owner who must also be a resident of the property c) A home occupation or home profession in accordance with Section School of Philosophy ( John Street) See Schedule A-2 (ER-15) Notwithstanding the provisions of the Established Residential (ER) Zone as identified as ER-15 on Schedule A-2', the following permitted uses and zone requirements shall apply: Permitted Uses: a) A single detached dwelling b) A private school in accordance with Section Zone Requirements: a) Maximum lot coverage...5% b) All other provisions of the Established Residential (ER2) Zone continue to Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 168

182 Section 7 Old Town Community Zoning District apply Ricardo Street - See Schedule A-1 (ER-16) Notwithstanding the provisions of the One Family Residential (R1) Zone, the following provisions shall apply to those lands identified as ER-16 on Schedule A-1 and shown on Figure F below: Zone Requirements: Part 1: Main Building a) Minimum lot frontage m (60 ft) b) Maximum lot coverage...33% c) Minimum front yard setback m (95.1 ft) d) Minimum rear yard setback m (49.2 ft) [measured from north limit of Part 4] e) Minimum side yard setback (East Side) m (10 ft) f) Minimum side yard setback (West Side) m (20 ft) g) Maximum building height....existing Part 2 a) Minimum lot frontage m (62.4 ft) b) Maximum lot coverage...38% c) Minimum front yard setback m (62.4 ft) d) Minimum rear yard setback m (49.2 ft) [measured from north limit of Part 4] e) Minimum side yard setback (East Side) m (5 ft) f) Minimum side yard setback (West Side) m (10 ft) g) Maximum building height m (32 ft) Part 3: a) Minimum lot frontage m (49.9 ft) b) Maximum lot coverage...45% c) Minimum front yard setback m (65.6 ft) d) Minimum rear yard setback m (49.2 ft) [measured from north limit of Part 4] e) Minimum side yard setback (East Side) m (5 ft) f) Minimum side yard setback (West Side) m (5 ft) g) Maximum building height m (30 ft) Notwithstanding the provisions of Section 6.1 Accessory Uses, paragraph (b), a detached garage may be located in front of the front line of the Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 169

183 Section 7 Old Town Community Zoning District building on lands identified as Part 1, Part 2, and Part 3 on the following sketch, and shall be subject to the following provisions: Part 1 a) Setback a minimum distance of m (50 ft) from the front line of the property line. b) Setback a minimum distance of 1.5 m (5 ft) from the side lot line. Part 2 & Part 3 a) Setback a minimum distance of 6.1 m (20 ft) from the front property line. b) Setback a minimum distance of 1.5 m (5 ft) from the side lot line. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 170

184 Section 7 Old Town Community Zoning District Figure F: 289 Ricardo Street Simcoe Street Copperfield Subdivision - See Schedule A-2 (R2-17) & (RM1-17) Notwithstanding the provisions of the Residential (R2) Zone and the Residential Multiple (RM1) Zone), for lands identified as (R2-17) & (RM1-17) on Schedule A-2', the following zone requirements shall apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 171

185 Section 7 Old Town Community Zoning District Permitted Uses R2-17: a) Maximum number of units Zone Requirements R2-17: a) Minimum building setback from Mississauga Street m (24.93 ft) b) Minimum building setback from south lot line m (11.48 ft) c) Minimum building setback from northeast and southwest lot line m (9 ft) d) Minimum lot depth m (85 ft) e) Maximum building height to peak of roof m (32 ft) Only Permitted Uses RM1-17: a) Maximum 14 multiple family dwelling units Zone Requirements RM1-17: a) All dwelling units must have a garage attached to form part of each dwelling unit. b) Minimum frontage m (29.53 ft) c) Minimum lot depth m (75.46 ft) d) Minimum lot area m 2 ( ft 2 ) e) Minimum front yard setback m (3.12 ft) f) Minimum rear yard setback m (25 ft) g) Minimum interior side yard setback: north & south...0 m (0 ft) h) Minimum exterior side yard setback... 2 m (6.56 ft) i) Maximum lot coverage % j) The lots shown as RM1-17 on schedule A-2 shall be considered to have frontage on a public road being the interior private roadway for the purpose of setback requirements. k) An unenclosed and uncovered porch, patio, deck, balcony or steps may project into any required front or rear yard a maximum distance of 2.5 m (8.2 ft) and 3.5 m (11.48 ft) in a required side yard provided that in the case of a porch or steps, such uses are not more than 1.8 m (5.9 ft) above grade King St. Niagara Masonic Hall (Roll # 3-163) - See Schedule A-1 (I-18) Notwithstanding the provisions of the Institutional (I) Zone, for lands identified as (I-18) on Schedule A-1, the following permitted secondary uses and zone requirements shall apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 172

186 Section 7 Old Town Community Zoning District Permitted secondary uses in association with and secondary to the main use of the lands: a) An Art Gallery b) A Business or Professional Office c) All secondary uses shall not exceed a maximum floor area of m 2 ( ft 2 ) Zone requirements: a) Minimum lot area m 2 (6,805 ft 2 ) b) Minimum frontage m (64.99 ft) c) Minimum depth m ( ft) d) Maximum lot coverage...38% e) Minimum front yard setback (king street)...0 m f) Minimum exterior side yard setback...0 m g) Minimum interior side yard setback m (3 ft) Melville Street (Roll # 1-225) - See Schedule A-1 (MC-19) Notwithstanding the provisions of the Marine Commercial (MC) Zone regarding the lands and buildings located at 85 Melville, only the following use shall be permitted on the lands identified at Figure F below and shown as MC-19 on Schedule A-1 : Permitted Use: a) A hotel with private breakfast room, but not including a restaurant or patio open to the public Zone Requirements: a) Minimum yard setback from Melville Street....0 m (0 ft) b) Minimum yard setback from Delater Street m (58 ft) c) Minimum yard setback from Ricardo Street m (5 ft) d) Minimum yard setback from any property line abutting a residential use m (12 ft) e) The setback for that portion of the hotel nearest to the point of intersection between the boundaries of Lots 2, 3 and 4 of Plan M-16 shall be 3.35 m (11 ft) f) A loading space shall not be required for the hotel use. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 173

187 Section 7 Old Town Community Zoning District Figure F: 85 Melville Street , 16½ and 18 Circle Street (Chautauqua Amphitheatre) Roll # See Schedule A-3 (ER2-20) Notwithstanding the provisions of the Established Residential (ER) Zone for lands identified as (ER2-20) on Schedule A-3, the following provisions shall apply: Lot Requirement for 16 and 16½ Circle St. (combined): a) Minimum lot area m 2 (4980 ft 2 ) b) Minimum lot frontage m (48.5 ft) c) Minimum lot depth m (111 ft) d) Maximum lot coverage...as existing on the date of passing of this By-law Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 174

188 Section 7 Old Town Community Zoning District Building Setbacks for 16 Circle St.: a) Minimum front yard setback...as existing on the date of passing of this By-law. b) Minimum rear yard setback...as existing on the date of passing of this By-law c) Minimum side yard setback...as existing on the date of passing of this By-law Building Setbacks for 16½ Circle Street: a) Minimum front yard setback...as existing on the date of passing of this By-law b) Minimum rear yard setback...as existing on the date of passing of this By-law c) Minimum side yard setback...as existing on the date of passing of this By-law Lot and Building Requirements for 18 Circle St. a) Minimum lot area m 2 (4095 ft 2 ) b) Minimum lot frontage m (56.5 ft) c) Minimum lot depth m (96 ft) d) Minimum front yard setback...as existing on the date of passing of this By-law. e) Minimum rear yard setback...as existing on the date of passing of this By-law f) Minimum side yard setback... as existing on the date of passing of this By-law g) Minimum side yard setback of existing shed m (3 ft) h) Maximum lot coverage...as existing on the date of passing of this By-law Any future development or redevelopment of 16, 16½ and 18 Circle St. shall be subject to the provisions of the Established Residential (ER2) Zone Lakeshore Road Avalon Place (Roll # & ) See Schedule A-3 (R2-21) Notwithstanding the provisions for the Residential (R2) Zone for lands identified as (R2-21) on Schedule A-3, the following special provisions shall apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 175

189 Section 7 Old Town Community Zoning District Permitted Uses: a) Semi-detached dwellings b) Single detached dwellings Prohibited Uses: a) The use of the property for a bed and breakfast and / or a home occupation is prohibited Zone Requirements: a) Maximum number dwelling units...7 dwelling units to be comprised of four (4) semi-detached units and three (3) single detached units. b) Minimum lot frontage per unit m (19.4 ft.) c) Minimum lot area per unit m 2 ( ft 2 ) d) Minimum lot depth m (65.6 ft.) e) Minimum front yard setback from condominium unit line m (5.5 ft.) f) Minimum distance between detached units m (8.9ft.) g) Side yard setbacks for common walls...0 m (0 ft) h) Maximum building height to peak of roof m (32.8 ft) i) Units limited to one (1) storey in height with optional loft......unit 1 & 4 j) Maximum lot coverage per individual unit % k) Total maximum building coverage for site % l) Minimum landscaped open space per unit....40% of the lot area m) Minimum unit floor area m 2 (1076 ft 2 ) n) Minimum parking requirement spaces per unit; only one (1) space may be stacked behind a required parking space. o) All structural development must be setback a minimum of 7.5 m (24.6 ft.) from the existing top of bank Victoria Street (Roll # 4-174) See Schedule A-1 (RM1-22) Notwithstanding the provisions of the Residential Multiple (RM1) Zone, the lands identified as (RM1-22) on Schedule A-1 and shown on Figure F below, the following special provisions shall apply: The lands shall be limited in use to a maximum of; a) Ten (10) row house dwellings and one (1) semi-detached dwelling; or b) Ten (10) row house dwellings and two (2) single family dwellings Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 176

190 Section 7 Old Town Community Zoning District Development of the lands will not exceed a residential net density of twelve (12) units per acre (thirty (30) units per hectare) Building setbacks from property lines, driveways and between buildings shall be in accordance with Figure 4 below Building coverage shall be limited to a maximum of twenty-eight per cent (28 %) of the area of the site The paved area shall be limited to a maximum twenty-four per cent (24 %) of the area of the site Landscaped open space shall be a minimum of forty-eight (48 %) of the area of the site A minimum of eighteen (18) off-street parking spaces shall be provided at a minimum rate of 1.5 spaces per unit Accessory buildings are permitted, provided they are directly associated with the individual dwelling unit, are located behind the front of the dwelling, does not exceed 6 m (19.69 ft) in area, does not exceed a height of 3.0 m (9.84 ft) and are set back 0.5 m (1.64 ft) from any property boundary Outdoor patios are permitted to a maximum height of 1 m (3.28 ft) from grade and not exceeding 10 m 2 ( ft 2 ) in area Unenclosed and covered porches are permitted to encroach into a required front yard to a maximum of 2 m (6.56 ft) The maximum building height to the peak of the roof shall not be greater than 10 m (32.8 ft) Maximum building height shall be 10 m for all buildings except a maximum building height of 4 m for the garages along Victoria Street Minimum condominium driveway width shall be 6.0 m (19.69 ft). Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 177

191 Section 7 Old Town Community Zoning District Figure F: 481 Victoria Street Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 178

192 Section 7 Old Town Community Zoning District Queen Street (Roll # 4-042) See Schedule A-1 (RM1-23) Notwithstanding the provisions of the Residential (RM1) Zone, for the lands identified as (RM1-23) on Schedule A-1, only the following uses are permitted: Permitted Uses: a) Six row house dwellings b) One single detached dwelling with one accessory building Zone Requirements: a) Maximum lot coverage for development % b) Maximum building height of unit 1....existing, plus the height of any new foundation to a maximum of 8 inches. c) Maximum building height of units 2 to 6...minimum of m (1 ft) less than unit 1 d) Maximum building height of unit existing e) Maximum number of storeys unit 1 to f) Maximum number of storeys for unit 7...1½ g) Maximum height of accessory building to the midpoint of the peak of the roof and eaves m (14.76 ft) h) Minimum number of parking spaces , 2 parking spaces may be stacked per unit. i) Unenclosed, uncovered patios, decks or balconies are permitted. j) Outdoor garbage/recycling storage is not permitted Mary St. and 450 Butler St. See Schedule A-3 (GC-24) Notwithstanding the provisions of the General Commercial (GC) Zone, for the lands identified as (GC-24) on Schedule A-3, only the following uses are permitted: Permitted Uses: a) A restaurant b) A retail use c) A four unit residential building with each unit having a separate private entrance at grade level Notwithstanding the provisions of the screening requirements of the General Commercial (GC) Zone, the following shall apply: a) A continuous wood fence not less than 1.83 m (6 ft) in height is permitted in lieu of a continuous hedgerow in the required 3.05 m (10 ft) planting strip -- Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 179

193 Section 7 Old Town Community Zoning District storm water works are permitted within the 3.05 m (10 ft) planting strip b) Parking spaces associated with the four unit residential building shall be permitted to locate 0 m (0 ft) from the west property line flanking Butler Street Simcoe Street & Johnson Street (Lots 1-7) - Peaceacres Subdivision See Schedule A-1 (ER-25) Notwithstanding the provisions of the Established Residential (ER) Zone, for the lands identified as (ER-25) on Schedule A-1 and shown on Figure F below, the following special provisions shall apply: Zone Requirements: a) Minimum lot frontage for lots 1, 2, 3 & m (77.8 ft) b) Minimum lot frontage for lot m (54.0 ft) c) Minimum lot area m 2 (8,826.7.ft 2 ) d) Minimum lot depth m (157.5 ft) e) Maximum lot coverage % f) Maximum total floor area of dwelling per lot m 2 (6500 ft) g) Minimum front yard setback: 1) Lot 1 from Johnson Street m (25 ft) 2) Lot m (6.9 ft) 3) Lot m (29.9 ft) 4) Lot m (3.28 ft) 5) Lot m (10 ft) h) Minimum interior side yard setback: 1) Lot m (10 ft) 2) Lot 2 east side m (6.9 ft) Lot 2 west side m (15 ft) 3) Lot 3 east side m (10 ft) Lot 3 west side m (6.9 ft) 4) Lot 4 north side m (1.8 ft) Lot 4 south side m (6.9 ft) 5) Lot m (6.9 ft) i) Minimum exterior side yard setback: 1) Lot 1 from Mississauga Street m (20 ft) j) Minimum rear yard setback: 1) Lot m (35 ft) 2) Lot m (52.5 ft) 3) Lot m (35 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 180

194 Section 7 Old Town Community Zoning District 4) Lot m (35 ft) 5) Lot m (52.5 ft) k) Maximum number of stories....2 l) Minimum building height m (23.9 ft) m) Where the dwelling has an attached garage with the garage door perpendicular to street frontage, the following minimum front yard setbacks are required for the attached garage portion: 1) Lot 1 from Johnson Street m (25 ft) 2) Lot m (6.9 ft) 3) Lot m (29.9 ft) 4) Lot m (3.28 ft) 5) Lot m (10 ft) n) Where the dwelling has an attached garage with the garage door parallel to street frontage, the minimum front yard setback to the garage portion shall be 6.7 m (22 ft). Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 181

195 Section 7 Old Town Community Zoning District Figure F: Peaceacres Subdivision, Simcoe & Johnson Streets Nassau St. (previously 432 Nassau St & Mary Street) See Schedule A-3 (RM1-26) Notwithstanding the provisions of the Residential Multiple (RM1) Zone, for the lands identified as (RM1-26) on Schedule A-3 and shown on Figure F below, only the following uses are permitted: Permitted Uses 450 Nassau Street: a) Five single detached family dwellings Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 182

196 Section 7 Old Town Community Zoning District Zone Requirements 450 Nassau Street: a) Maximum building area m 2 ( ft 2 ) b) Maximum lot coverage for development % c) Minimum lot frontage m (74.66 ft) d) Minimum lot depth m ( ft) e) Minimum separation between units m (7.87 ft) f) Minimum front yard setback m (24.6 ft) g) Minimum rear yard setback m (24.6 ft) h) Minimum southerly side yard setback m (5 ft) i) Minimum northerly side yard setback m (11.48 ft) j) Maximum building to top of ridge m (28.22 ft) k) Maximum number of storeys l) Maximum individual unit size m 2 (1001 ft 2 ) m) Minimum number of parking spaces... 8 in a location set out in the following diagram. n) Parking area setback m in the southerly side yard o) Side yard projections... an unenclosed or uncovered patio may project into the northerly side yard by a maximum distance of 2.5 m (8.2 ft) Figure F: 450 Nassau Street Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 183

197 Section 7 Old Town Community Zoning District Zone Requirements Mary Street: a) Minimum lot area ha (0.64 ac) b) Minimum front yard setback (Nassau Street) m (25 ft) c) Minimum exterior side yard setback (end units) m (5 ft) d) Minimum interior side yard setback to lot line m (5 ft) e) Minimum interior side yard setback for shared walls...0 m (0 ft) f) Minimum rear yard setback m (25 ft) g) Maximum lot coverage % h) Maximum building height (to peak of roof) m (24.93 ft) i) Maximum number of dwelling units j) An unenclosed and uncovered porch, deck, balcony, patio or steps may project into any required rear or side yard maximum distance of 3.05 m (10 ft), provided that in the case of a porch or steps such uses are not more than 1.8 m (5.9 ft) above grade Simcoe St. (Roll # 3-196), Part Lot 13, Plan 692, Meritage Estates See Schedule A-2 (R1-27) Notwithstanding the provisions of the Residential (R1) Zone, for the lands identified as (R1-27) on Schedule A-2 and shown on Figure F below, the following special provisions shall apply: Permitted Uses: a) Single detached residential dwellings Zone Requirements a) Entire development: 1) Minimum lot area of development ha (1.92ac) 2) Maximum number of dwelling units for development ) Maximum lot coverage for development % b) Zone requirements per unit: 1) Minimum lot frontage per unit m (40ft.) 2) Minimum lot depth per unit m (55ft.) 3) Minimum lot area per unit m 2 (3799ft 2 ) c) Maximum lot coverage per unit area: 1) Units 2,3,5,6 & % 2) Unit % 3) Unit % 4) Units 9 & % 5) Unit % Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 184

198 Section 7 Old Town Community Zoning District d) Maximum building height (to top of ridge) m (30 ft) e) Maximum number of storeys... 2 f) Minimum front, side & rear yard setbacks as per Figure 7 below: g) The lands identified as R1-27 on Schedule A-2 shall be exempt from the Public Street Frontage Required of Section 6.45, and the ten (10) lots shall be considered to have frontage on a public street being the interior private roadway for the purpose of establishing setback requirements. Figure F: 651 Simcoe Street (Now Meritage Estates) King Street See Schedule A-1 (QPC-28) Notwithstanding the provisions of the Queen Picton Commercial (QPC) Zone, for the lands identified as (QPC-28) on Schedule A-1, the following special provisions shall apply: Permitted Uses: a) An existing four room hotel and restaurant Queen Street See Schedule A-1 (QPC-29) Notwithstanding the provisions of the Queen Picton Commercial (QPC) Zone, for the lands identified as (QPC-29) on Schedule A-1, the following special provisions shall apply: Permitted Uses: a) Commercial uses shall be limited to the main floor Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 185

199 Section 7 Old Town Community Zoning District Zone Requirements: a) Maximum building height to top of ridge m (30 ft) b) Minimum individual residential unit size m 2 (556 ft 2 ) c) West side yard m (1.0 ft) Notwithstanding the Screening Requirements of the Queen Picton Commercial (QPC) Zone, the following screening requirements apply: Screening Requirements: Where the side or rear lot lines abut a residential zone a strip of land on the lot adjoining such abutting lot line shall be used for a landscaping strip in accordance with the following: a) Width Land required to be used as a landscaping strip shall be of minimum widths as follows: 1) Along the north property line m (13.5 ft) 2) Along the east property line m (9.51 ft) 3) Along the south property line m (5 ft) b) Contents The landscaping strips shall be used primarily for the planting of trees and shrubs, and a solid wooden board fence not less than 1.83 m (6 ft) in height shall be located along the lot lines where the planting strips are required Mary Street Upper Canada Animal Hospital - See Schedule A-3 (GC-30) Notwithstanding the provisions of the General Commercial (GC) Zone, for the lands identified as (GC-30) on Schedule A-3, only the following uses are permitted: Permitted Uses: a) An animal hospital b) A retail store c) A service shop d) A bank or other financial establishment e) A business or professional office Queen Street See Schedule A-1 (GC-31) Notwithstanding the provisions of the General Commercial (GC) Zone, for the lands identified as (GC-31) on Schedule A-1 and shown on Figure F below, only the following uses are permitted: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 186

200 Section 7 Old Town Community Zoning District Permitted Uses: a) A twenty-four (24) room hotel with a restaurant, meeting room and spa facilities Zone Requirements: a) Minimum lot area ha (2.1 ac) b) Minimum lot frontage (Queen Street) m (417.7 ft) c) Minimum lot depth (Mississauga Street) m ( ft) d) Maximum lot coverage...13% e) Maximum building height m (35 ft) to the peak f) Minimum landscaped area... 65% g) Minimum setbacks as shown on Figure 8 overleaf. h) One loading space is required for those uses identified in this site specific By-law i) Minimum number of required parking spaces required to serve these lands are fifty-two (52) parking spaces for the following uses / floor areas: 1) Twenty-four (24) hotel rooms 2) m 2 (6628 ft 2 ) of restaurant / lounge are including greenhouse space / kitchen space m 2 (2583 ft 2 ) of spa area and m 2 (1359 ft 2 ) of spa garden area12.73 m 2 (137 ft 2 ) of hotel administration area Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 187

201 Section 7 Old Town Community Zoning District Figure F: 228 Queen Street Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 188

202 Section 7 Old Town Community Zoning District John Street See Schedule A-2 (RM1-32) Notwithstanding the provisions of the Residential (R1) Zone, the following special provisions shall apply to the lands identified as Residential (R1) Site Specific Zone on Figure F below: Permitted Uses: a) Single family dwelling Prohibited Uses: a) Bed and breakfast establishments Zone Requirements: a) Minimum lot frontage m (49.90 ft) b) Minimum lot area m 2 ( ft 2 ) c) Minimum lot depth m (70.86 ft) d) Maximum lot coverage*...40% e) Maximum lot coverage for lots 10 & 11*...45 % f) Maximum height of dwelling m (28 ft) to peak of roof g) Minimum front yard setback to dwelling m (18.0 ft) h) Minimum front yard setback to covered / uncovered porch m (9.8 ft) i) Minimum front yard setback to attached / detached garage m (26.0 ft) j) Minimum interior side yard setback m (5.0 ft) k) Minimum exterior side yard setback m (9.8 ft) l) Minimum rear yard setback m (25 ft) m) Minimum rear yard setback for lots 10 & m (19.68 ft) n) Minimum interior side yard setback for semi-detached garages m (0 ft) o) Maximum driveway width on lot frontages m (9.8 ft) p) Maximum driveway width on lots with flankage side m (19.7 ft) q) Minimum landscaped open space...45% of the lot area r) Minimum parking space requirement... 2 spaces per dwelling located behind the front face of the dwelling. Only one parking space may be stacked behind a required parking space. *Excludes covered decks and porches to a maximum of 37 m 2 (400 ft 2 ). Notwithstanding the provisions of the Multiple Family (RM1) Zone, the following special provisions shall apply to the lands identified as Multiple Family (RM1) Retirement Residence Site Specific Zone as shown on Figure F below: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 189

203 Section 7 Old Town Community Zoning District Permitted Uses: a) Retirement residence...84 suites Zone Requirements: a) Minimum lot area m 2 (1.74 ac) b) Minimum lot frontage m ( ft) c) Maximum building height to peak of roof* M (43.0 ft) d) Minimum front yard setback (from John Street) m (37.70 ft) e) Minimum westerly interior side yard setback m (11.22 ft) f) Minimum easterly interior side yard setback m (11.22 ft) g) Minimum rear yard setback (from Anne Street) m (10.63 ft) h) Minimum unit area...35 m 2 (376.7 ft 2 ) i) Maximum lot coverage...45% j) Minimum landscaped open space...45% k) Minimum number of parking spaces**...47 l) Minimum number of loading spaces... 1 space *Ornamental structures, i.e. widows walk, cupolas, to a maximum height of 0.91m (3.0 ft) shall not be included in the height requirement. Where underground parking is provided, each required parking space shall be at least 2.75 m (9 ft) by 5.5 m (18.0 ft) in size and shall have a minimum egress and ingress aisle of 6.7 m (22 ft). Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 190

204 Section 7 Old Town Community Zoning District Figure F: 120 John Street Mary Street See Schedule A-1 (ER-33) Notwithstanding the provisions of the Established Residential (ER) Zone, for the lands identified as (ER-33) on Schedule A-1 and shown on Figure F below, the following provisions shall apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 191

205 Section 7 Old Town Community Zoning District In addition to the uses permitted in the Established Residential (ER) Zone, the following additional uses are permitted in the existing one-storey, m 2 (1, ft 2 ) building as identified on Schedule A-1 (ER-33): a) A professional office as defined in Section 5.74 b) An esthetician office as defined in Section Zone requirements: a) Minimum lot area m 2 (6,263.9 ft 2 ) b) Minimum lot frontage m (56ft) c) Minimum lot depth m (111.9 ft) d) Minimum number of parking spaces for esthetician office...1 space per 28 m 2 (300 ft 2 ) of floor area e) Minimum number of parking spaces for existing m 2 ( ft 2 ) building...5 spaces Notwithstanding Section 6.38 Parking Requirements of this By-law, the minimum driveway width shall be as shown on Figure 10 below. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 192

206 Section 7 Old Town Community Zoning District Figure F: 180 Mary Street A 1.5 m planting strip shall be provided along and immediately adjacent to the southern property line. The planting strip shall be used for no other purpose than for a row of trees or a continuous hedgerow of evergreen or shrubs not less than 1.5 m (5ft) high Butler Street, William Stewart Homestead See Schedule A-3 (I-34) Notwithstanding the provisions of the Institutional (I) Zone, for lands identified as (I-34) on Schedule A-3, only the following special provisions shall apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 193

207 Section 7 Old Town Community Zoning District Permitted Uses: a) A museum b) A research facility c) A single family residential dwelling Zone Requirements: a) Minimum lot area ha (0.17 acres) b) Minimum lot frontage Butler Street m (84.21 ft) c) Minimum lot depth John Street m (90.00 ft) d) Minimum front yard setback existing William Stewart Homestead..0 m (0 ft) e) Minimum front yard setback existing shed m (5 ft) f) Minimum side yard setback existing William Stewart Homestead..0 m (0 ft) g) Minimum setback - parking area from John street m (10 ft) h) Minimum setback drive (carriage) shed from residential zone m(7 ft) i) Maximum height - drive (carriage) shed m (16.5 ft) j) Maximum lot coverage % k) Minimum landscaped area % Ricardo Street, 177 & 189 Byron Street, See Schedule A-1 (MC-35) Notwithstanding the provisions of the Marine Commercial (MC) Zone, for lands identified as (MC-35) on Schedule A-1 and shown on Figure F below, the following special provisions shall apply: Permitted Uses: a) A hotel with a maximum of seventy-four (74) guest units b) Retail stores c) An eating establishment including a restaurant outdoor patio subject to the provisions of Section 6.36 Outdoor Patio Restaurant and notwithstanding Section 6.36 (k) a restaurant outdoor patio may be permitted on the landscaped roof top areas Zone Requirements: a) Minimum lot area ha (2.4 ac) b) Minimum lot frontage: Byron Street m (274.2 ft) c) Ricardo Street m (235.9 ft) d) Maximum total lot coverage of development including historical building and roof top landscaped areas % e) Maximum area of roof top landscaped areas % f) Minimum total landscaped area of development including roof top Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 194

208 Section 7 Old Town Community Zoning District landscaped area % g) Setbacks as per Figure 11 overleaf The required number of parking spaces shall be in accordance with Section 6.39 Parking Space Requirements. The number of parking spaces required shall be two hundred one (201) including twelve (12) tandem parking spaces plus required loading spaces for the following uses and floor areas: a) Seventy-four (74) hotel units b) Restaurant space of m 2 (3,100 ft 2 ) c) Restaurant outdoor patio m 2 (968.8 ft 2 ) d) Retail areas of m 2 (9,000 ft 2 ) e) Spa / fitness area of m 2 (4,038 ft 2 ) f) Administration areas of m 2 (3,825 ft 2 ) g) Members space of m 2 (2,664 t 2 ) h) Conference / meeting areas of m 2 (1,620 ft 2 ) i) Restaurant kitchen area of m 2 (2,870 ft 2 ) j) Existing heritage resource building at 177 Byron Street Notwithstanding Section 6.39 Parking Space Requirements, required parking spaces for the following uses shall be calculated at a rate of 1 space for every m 2 (400 ft 2 ) of floor area: a) Administration areas b) Members space c) Conference / meeting areas d) Restaurant kitchen area Notwithstanding Section 6.39 Parking Space Requirements the location of the surface parking area shall be along Byron Street on both sides of the main entrance. This surface parking is as per Figure 11 below. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 195

209 Section 7 Old Town Community Zoning District Figure F: 186 Ricardo Street, and 177 & 189 Byron Street Mary Street See Schedule A-3 (GC-36) Notwithstanding the provisions of the General Commercial (GC) Zone, for lands identified as (GC-36) on Schedule A-3, the following special provisions shall also apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 196

210 Section 7 Old Town Community Zoning District Permitted Uses: a) A nine (9) room hotel Notwithstanding the provisions of Section 6.48 (f) Residential Use in Non- Residential Building, a dwelling unit shall be permitted on the ground floor of a non-residential building The provisions of Section 6.27, Loading Spaces Requirements, shall not apply Niagara Stone Road See Schedule A-3 (GC-37) Notwithstanding the provisions of the General Commercial (GC) Zone, for lands identified as (GC-37) on Schedule A-3, the following special provisions shall apply for the General Commercial (GC) Zone: Permitted Uses: a) A shopping centre Prohibited Uses: a) A fast food restaurant and / or drive through restaurant Zone Requirements: a) Minimum setback of parking area from top of bank... 0 m b) Minimum setback for building from top of bank m (14.76 ft) c) Minimum setback for outdoor patio from top of bank...0 m d) Minimum width of landscaping strip along the north property line m (5.87 ft) (WS King Street), Evergreen Estates, See Schedule A-2 (RM1-38) Notwithstanding the provisions of the Residential Multiple (RM1) Zone, for the lands identified as (RM1-38) on Schedule A-2 and shown on Figure F below, the following special provisions shall apply: RM1-38 Zone Requirements: a) Maximum number of townhouse units b) Minimum setback of all buildings... as shown on attached schedule c) Minimum interior side yard setback m (except that an end wall shall be 1.5 m (5 ft) from any (R1) zone. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 197

211 Section 7 Old Town Community Zoning District d) Total maximum lot coverage for development % e) Total minimum landscaping coverage for development...41% f) Minimum side yard between townhouse blocks m (10 ft) g) Maximum building height to peak of roof m (27 ft) h) Minimum lot frontage per unit m (22ft) i) Minimum lot area per unit m 2 (2,368.1 ft 2 ) j) Minimum parking spaces spaces per dwelling unit with one of the required spaces being provided within the garage. Only one (1) parking space may be stacked behind a required parking space. k) Minimum rear yard setback to an unenclosed and uncovered porch, deck, patio or step m (15 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 198

212 Section 7 Old Town Community Zoning District Figure F: WS King Street, Evergreen Estates Regent Street, Pillar & Post, See Schedules A-1 & A-2 (GC-39) Notwithstanding the provisions of the General Commercial (GC) Zone, for the lands identified as (GC-39) on Schedules A-1 & A-2 and shown on Figures F(i), F(ii), and F(iii) below, only the following provisions shall apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 199

213 Section 7 Old Town Community Zoning District Permitted Uses: The lands are to be used for no other purpose than a hotel and uses secondary thereto, except that buildings identified as 263 King Street and 46 Mary Street shall only be used for the following: a) 263 King Street Hotel uses not including restaurant or retail uses b) 46 Mary Street Administrative office uses secondary to the hotel operation Zone Requirements: The Minimum setbacks as shown on Figures 13a, 13b, 13c below shall apply to the lands identified as GC-39 on Schedules A-1 & A Zone Requirements - Maximum building heights as shown on Figures 13b and 13c attached shall apply to the lands identified as GC-39 on Schedules A-1 & A Section 6.39 (i) Parking Space Requirements, Additional Provisions will not apply to these lands Notwithstanding Section 6.27, Loading Spaces Requirements, one (1) loading space, located in the underground parking garage, is required for those new uses identified in Section Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 200

214 Section 7 Old Town Community Zoning District Figure F (i): Pillar & Post Hotel, Regent St Notwithstanding Section 6.39, Parking Space Requirements, the minimum Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 201

215 Section 7 Old Town Community Zoning District number of required parking spaces required to serve these lands is four hundred twenty (420) parking spaces for the following uses and floor areas: Figure F (ii): Pillar & Post Hotel, Regent Street Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 202

216 Section 7 Old Town Community Zoning District Figure F (iii): Pillar & Post Hotel, Regent Street Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 203

217 Section 7 Old Town Community Zoning District Block 1 (Regent, Mary, King and John Streets): a) One hundred forty nine (149) spaces for uses existing as of October 23, b) Eight (8) hotel suites c) 938 m 2 (10,100ft 2 ) of administration space d) Miller House (46 Mary Street): 160 m 2 (1,721 ft 2 ) of administrative office space e) Best House (263 King Street): m 2 (4,150 ft 2 ) of hotel use space Block 2 (Regent, John, King, Anne Streets): a) One hundred fourteen (114) hotel suites b) m 2 (9,048 ft 2 ) conference centre c) Additional parking...50 spaces Platoff Street See Schedule A-1' (ER-40) Notwithstanding the provisions of the Established Residential (ER) Zone, for lands identified as (ER-40) on Schedule A-1, the following provisions shall apply: Permitted Uses: a) A six (6) room Country Inn Zone Requirements: a) Building setbacks as existing Mississauga Street See Schedule A-2 (RM1-41) Notwithstanding the provisions of the Residential Multiple (RM1) Zone the following additional provisions shall be permitted on those lands identified as RM1-41 on Schedule A Zone Requirements: a) Minimum front yard setback m (14 ft) b) Minimum rear yard setback m (9.84 ft) c) Maximum side yard encroachment for an uncovered deck or patio m (10 ft) d) Maximum lot coverage for development...34% The private access road to the development is to be considered a driveway with a maximum width of 7.62 m (25 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 204

218 Section 7 Old Town Community Zoning District Davy Street See Schedule A-1 (ER-42) Notwithstanding the provisions of the Established Residential (ER) Zone the following additional provisions shall be permitted on those lands identified as ER-42 on Schedule A Permitted Uses: a) A four (4) room Country Inn in the existing residential dwelling Queen Street See Schedule A-1 (QPC-43) Notwithstanding the provisions of the Queen Picton Commercial (QPC) Zone the following additional provisions shall be permitted on those lands identified as QPC-43 on Schedule A Permitted Uses: a) A restaurant outdoor patio is a permitted use in the Queen Picton Commercial (QPC) Zone on land identified as QPC 43 on Schedule A Zone Requirements: a) The maximum restaurant outdoor patio area shall not exceed 108 m 2 ( ft 2 ) b) Off street parking shall be provided at a rate of one space for every 18.5 m 2 of outdoor patio area. e) Outdoor patios shall operate between 8:00 a.m. and 11:00 p.m., except that the second storey restaurant shall not operate after 8:00 p.m. i) The surface of the second storey restaurant outdoor patio shall be limited to a maximum height of 4.32 m above grade Prideaux Street See Schedule A-1 (ER- 44) Notwithstanding the provisions of the One Family Residential (R1) Zone, the following use is permitted on those lands identified as ER-43 on Schedule A Permitted Uses a) A four (4) room country inn in the existing residential dwelling Zone Requirement Notwithstanding the provisions of Section 6.10, the following provisions will apply: a) A maximum of five (5) required parking spaces for a small scale tourist facility shall be permitted within a required front yard. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 205

219 Section 7 Old Town Community Zoning District Anne, Regent, Victoria & King Streets [Boatworks Subdivisions] See Schedule A-2 (RD-45) Notwithstanding the provisions of the Residential (R1) Zone, for lands identified as RD-45 on Schedule A-2 and shown on Figure F below, the following provisions shall apply: Permitted Uses: a) Twenty (20) single detached dwellings b) Four (4) semi-detached dwellings c) Apartment buildings d) Townhouses Secondary Uses a) Bed and breakfast establishment as defined in Section 6.5 may be permitted as a secondary use to a single family dwelling provided that the associated lot meets the minimum lot requirements of Zone Requirements Single Detached a) Minimum lot frontage m (38.0 ft) b) Minimum lot area m 2 (3875 ft 2 ) c) Minimum lot depth m (58.0 ft) d) Maximum lot coverage: 1) For lots 1 to 3, 23 to 27 & 31 to % 2) For lots 28 to 30, & 35 to % e) Minimum front yard setback to dwelling* m (10 ft) f) Minimum front yard setback to attached / detached garage m (19.69 ft) g) Minimum interior side yard setback m (4 ft) h) Minimum exterior side yard setback to dwelling / accessory building m (8 ft) i) Minimum rear yard setback to dwelling m (25 ft) j) Minimum rear yard setback to dwelling for Lots 32 & m (12 ft) k) Minimum interior and rear yard setback for accessory building m (4 ft) l) Maximum building height of main building m (32 ft) m) Minimum landscaped open space...41% of the lot area n) Minimum parking space requirements...2 spaces per dwelling located behind the front face of the dwelling. Only one (1) parking space may be stacked behind a required space. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 206

220 Section 7 Old Town Community Zoning District Semi-Detached Dwellings [** Not permitted on Lots 1 to 3, and 23 to 26]: a) Minimum lot frontage m (30.0 ft) b) Minimum lot area m 2 (3060 ft 2 ) c) Minimum lot depth m (102.0 ft) d) Maximum lot coverage...36% e) Minimum front yard setback to dwelling* m (10 ft) f) Minimum front yard setback to attached / detached garage m (19.69 ft) g) Minimum interior side yard setback m (4 ft) h) Minimum setback between common wall...0 m (0 ft) i) Minimum rear yard setback to dwelling m (25 ft) j) Minimum interior and rear yard setback for accessory building m (4 ft) k) Maximum building height of main building m (32 ft) l) Minimum landscaped open space...41% of the lot area m) Minimum parking space requirements...2 spaces per dwelling located behind the front face of the dwelling. Only one parking space may be stacked behind a required space. *For lots 37 to 43, the front yard is considered to be the Street A frontage Zone Requirements Townhouses a) Maximum number of townhouse units...19 b) Minimum lot frontage per unit m (25.0 ft) c) Minimum lot area per unit m 2 (2375 ft 2 ) d) Minimum front yard setback to dwelling m (10 ft) e) Minimum front yard setback to attached / detached garage m (19.69 ft) f) Minimum interior side yard setback m (4 ft) g) Minimum exterior side yard setback m (10.0 ft) h) Minimum setback between common wall...0 m (0 ft) i) Minimum setback between townhouse blocks m (10.0 ft) j) Minimum rear yard setback to dwelling m (25 ft) k) Minimum interior and rear yard setback for accessory building m (4 ft) l) Maximum building height of main building m (32 ft) m) Maximum lot coverage per townhouse block...45% n) Minimum landscaped open space per townhouse block...41% o) Minimum parking space requirements...2 spaces per dwelling located behind the front face of the dwelling. Only one parking space may be stacked behind a required space. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 207

221 Section 7 Old Town Community Zoning District Zone Requirements Apartment building a) Minimum lot area ha (1.03 ac) b) Minimum lot frontage m (212.5 ft) c) Maximum number of dwellings units...30 d) Minimum front yard setback m (10 ft) e) Minimum northerly interior side yard setback m (42.0 ft) f) Minimum southerly interior side yard setback m (25.0 ft) g) Minimum rear yard setback m (40 ft) h) Maximum building height to peak of roof** m (32.0 ft) i) Maximum lot coverage...26% j) Minimum landscaped open space...55% k) Minimum parking space requirements...45 spaces with 39 spaces to be provided underground. **Ornamental structures, i.e. parapets, to a maximum height of 0.91 m (3.0 ft) shall not be included in the height requirement. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 208

222 Section 7 Old Town Community Zoning District Figure F: Boatworks Subdivision [Anne, Regent, Victoria & King Streets] Mary Street Schedule A-3 (GC-46) Notwithstanding the provisions of the General Commercial (GC) Zone, for lands identified as GC-46 on Schedule A-3, the following shall apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 209

223 Section 7 Old Town Community Zoning District Permitted Uses: a) A shopping centre having a total floor area of 16,700 ft Zone Requirements: a) Minimum number of parking spaces...60 Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 210

224 Section 8 Queenston Community Zoning District Section 8: Queenston Community Zoning District Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 211

225 Section 8 Queenston Community Zoning District SECTION 8: QUEENSTON COMMUNITY ZONING DISTRICT The provisions of the Queenston Community Zoning District shall apply to all lands within the Urban Area Boundary established on Schedule E in the Town of Niagara-onthe-Lake s Official Plan, shown on Schedule A-25' of this By-law. 8.1 ESTABLISHED RESIDENTIAL (ER1) ZONE In the Queenston Community Zoning District - Established Residential (ER1) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A single detached dwelling b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or a home profession in accordance with Section 6.24 d) A group home in accordance with Section 6.20 e) A public use in accordance with Section f) Accessory buildings and structures in accordance with Section Zone Requirements: a) Required lot frontage and lot depth Lots located within the Established Residential (ER1) Zone shall have a lot frontage and lot depth based on the average of the lot frontages and lot depths of existing lots in the same Block Face that the lot is located. b) Required front yard setbacks Front yard setbacks for new buildings and / or building additions located on lots within the Established Residential (ER1) Zone shall have a building front yard setback based on the average of the front yard setbacks of existing buildings on the same Block Face that the lot is located. A detached or attached garage shall be setback from the front lot line a minimum of 1.0 m (3.28 ft) greater than the setback of the main building. c) Required rear yard setback m (24.6 ft) d) Minimum front yard setback for lots fronting on Niagara River Parkway...15 m (49.2 ft) for lots with direct access from a Service Road, or 25 m (82 ft) for lots having direct access from the Niagara River Parkway. e) Minimum interior side yard setback m (3.94 ft) f) Required exterior side yard setback Exterior yard setbacks for new buildings and/or building additions located on Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 212

226 Section 8 Queenston Community Zoning District lots with an exterior side yard within the Established Residential (ER1) Zone shall have a building exterior side yard setback based on the average exterior side yard setback of existing buildings on the other lots in the same intersection. g) Required building height Building height for new buildings located within the Established Residential (ER1) Zone shall be the average existing building height within the same Block Face that the lot is located. 8.2 ESTABLISHED RESIDENTIAL (ER2) ZONE In the Queenston Community Zoning District - Established Residential (ER2) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A single detached dwelling b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or home profession in accordance with Section 6.24 d) A public use in accordance with Section e) A group home in accordance with Section 6.20 f) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (100 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage % d) Minimum landscaped open space % e) Minimum front yard setback m (49.2 ft) f) Minimum front yard setback for lots fronting on Niagara River Parkway...15 m (49.2 ft) for lots with direct access from a service road, or 25 m (82 ft) for lots having direct access from the Niagara River Parkway. g) Minimum interior side yard setback m (10 ft) h) Minimum exterior side yard setback m (29.53 ft) i) Maximum building face % of lot frontage j) Minimum rear yard setback m (49.2 ft) k) Minimum dwelling floor area m 2 (1800 ft 2 ) l) Maximum building height m (32.8 ft) m) Minimum accessory building yards setback m (5 ft) n) Minimum accessory building exterior side yard setback m (14.76 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 213

227 Section 8 Queenston Community Zoning District 8.3 VILLAGE COMMERCIAL (VC) ZONE In the Queenston Community Zoning District - Village Commercial (VC) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A retail store b) A service establishment c) A restaurant d) A convenience store e) A take-out restaurant f) An outdoor patio restaurant, as a secondary use to an existing restaurant in accordance with Section 6.36 g) A theatre h) A bank or financial institution i) A business or professional office j) A hotel k) A motel l) A service station m) A community centre n) A commercial recreation facility o) A bakery or bakeshop p) A residential unit in accordance with Section 6.48 q) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (49.2 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage % d) Minimum landscaped open space % e) Minimum front yard setback m (14.76 ft) f) Minimum interior side yard setback m (3.94 ft) g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum & maximum building height m (34.45 ft) J) Minimum accessory building yards setback m (3.94 ft) Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Village Commercial (VC) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 214

228 Section 8 Queenston Community Zoning District abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section INSTITUTIONAL (I) ZONE In the Queenston Community Zoning District - Institutional (I) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A cemetery b) A church or religious institution c) A nursing home d) A hospital e) A museum f) A school g) A library h) A day care centre i) A community centre j) A public use in accordance with Section k) Accessory buildings and structures in accordance with Section 6.1 l) Uses permitted by the Niagara Parks Act Zone Requirements: a) Minimum lot frontage m ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage % d) Minimum landscaped open space % e) Minimum front yard setback m (49.2 ft) f) Minimum front yard setback for lots with access to Niagara River Parkway...15m (49.2 ft) for lots with access to a service road, and 15 m to 25 m for lots with no access to a service road. g) Minimum interior side yard setback m (9.84 ft) h) Minimum exterior side yard setback m (29.53 ft) i) Minimum rear yard setback m (24.6 ft) j) Maximum building height m (34.45 ft) k) Minimum accessory building yards setback m (3.94 ft) l) Minimum accessory building exterior side yard setback m (14.76 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 215

229 Section 8 Queenston Community Zoning District Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Institutional (I) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section OPEN SPACE (OS) ZONE In the Queenston Community Zoning District - Open Space (OS) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A public or private park b) A picnic area c) A recreational use d) A private club e) A public use in accordance with Section f) Accessory buildings and structures in accordance with Section 6.1 g) Uses permitted by the Niagara Parks Act Zone Requirements: a) Minimum lot frontage n/a b) Minimum lot area... n/a c) Maximum lot coverage % d) Minimum landscaped open space......n/a e) Minimum front yard setback m (49.2 ft) f) Minimum front yard setback for lots fronting on Niagara River Parkway...15 m (49.2 ft) for lots with direct access from a service road, or 25 m (82 ft) for lots having direct access from the Niagara River Parkway g) Minimum interior side yard setback m (9.84 ft) h) Minimum exterior side yard setback m (29.53 ft) i) Minimum rear yard setback m (24.6 ft) j) Maximum building height m (28.22 ft) k) Minimum accessory building yards setback m (3.94 ft) 8.6 ENVIRONMENTAL CONSERVATION ZONE OVERLAY The Environmental Conservation Zone Overlay provides regulations for new development, additions to existing development, and setbacks from each natural Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 216

230 Section 8 Queenston Community Zoning District feature as listed. For each natural feature, there is a list of permitted uses within the feature and a list of permitted uses adjacent to the feature, along with a number of regulations. These include minimum setbacks and studies required to determine the effect of development on the natural feature. Where the zoning regulations specify that a use is permitted subject to an Environmental Impact Study (EIS), no new building or structure and no expansion to any existing building or structure shall be permitted unless it has been demonstrated through an EIS that there will be no negative impact on the adjacent natural feature Area of Natural and Scientific Interest (ANSI) Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS) b) Permitted uses adjacent to an ANSI - Area of Natural and Scientific Interest: 1) Existing dwellings, buildings and structures 2) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) 3) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) 4) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) 5) Infrastructure c) Uses pursuant to the Niagara Parks Act Zoning requirements: a) Within 50 m of the edge of the features, an EIS is required to determine the minimum setback. b) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) and the Niagara Parks Act. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 217

231 Section 8 Queenston Community Zoning District Water Feature Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS) b) Public boat launch and dock, subject to an environmental impact study (EIS) c) Existing private boathouses and docks d) Permitted uses adjacent to Water Feature 1: 1) Existing dwellings, buildings and structures 2) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) 3) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) 4) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) 5) Infrastructure e) Uses pursuant to the Niagara Parks Act Zoning requirements: a) Within 30 m of the edge of the feature an environmental impact study (EIS) is required to determine the required minimum setback with a minimum setback no less than 30 m is required. A narrower buffer may be considered where the EIS has demonstrated it will not harm fish or fish habitat, but in no case shall the buffer be less than 15 m. b) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) and the Niagara Parks Act Regional Environmental Conservation Area Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS) b) Existing public and private parks c) Public boat launch and dock, subject to an environmental impact study (EIS) d) Existing private boathouses and docks e) Existing dwellings, buildings and structures f) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) g) Existing accessory buildings and structures in accordance with Section 6.1, Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 218

232 Section 8 Queenston Community Zoning District including expansions, subject to an environmental impact study (EIS) h) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) i) Infrastructure j) Uses pursuant to the Niagara Parks Act Zoning requirements: a) Within 50 m of the edge of the conservation area an EIS is required to determine the minimum setback b) A single detached dwelling is permitted within a significant woodland on existing lots of record, but will require an Environmental Impact (EIS) study and clearance from the Niagara Peninsula Conservation Authority (NPCA). c) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) and the Niagara Parks Act NPCA Regulation Area Development subject to NPCA approval Water body Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS) b) Public boat launch and dock, subject to an environmental impact study (EIS) c) Existing private boathouses and docks. d) Infrastructure e) Permitted Uses adjacent to a water body: 1) Existing public and private parks 2) Existing dwellings, buildings and structures 3) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) 4) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) 5) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) 6) Infrastructure f) Uses pursuant to the Niagara Parks Act Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 219

233 Section 8 Queenston Community Zoning District Zoning requirements: a) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) and the Niagara Parks Act. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 220

234 Section 8 Queenston Community Zoning District 8.7 SITE SPECIFIC EXCEPTIONS Willowbank School of Restoration Arts Niagara River Parkway - See Schedule A-25 (I-1) & (OS-1) Notwithstanding the provisions of the Institutional (I) Zone, for lands known as Willowbank School of Restoration Arts identified as I-1 and OS-1 on Schedule A- 25', the following permitted uses and development requirements shall apply: I-1 Permitted Uses: a) School of Restoration Arts as defined in Section b) A museum as defined in Section I-1 The following secondary uses shall be permitted as secondary uses to the main uses as identified in Section : An assembly hall as defined in Section 5.29 and including retail uses to a maximum floor area of 18.6 m 2 (200 ft 2 ). The assembly hall use in not restricted to students but is open and available to the public. The maximum total floor area for all secondary uses permitted in Section shall be m 2 (1,400 ft 2 ) I-1 In addition to the secondary uses permitted in Section , an outdoor event area / tent area for a maximum number of two hundred (200) people is permitted subject to a maximum of 6 events each year. An outdoor event area / tent area shall be subject to the following provisions: a) A minimum setback of twenty (20) m from any residential zone shall be provided. b) Hours of operation shall be limited to between 8 a.m. and 11 p.m. c) The use shall operate seasonally from May 1 to October 31 each calendar year. d) All outdoor lighting shall be deflected away from any residential area. e) A maximum of one (1) event shall be permitted per weekend in the outdoor event tent area. Weekend is defined for the purposes of this By-law as Friday, Saturday and Sunday I-1 Unless otherwise stated, off-street parking shall be provided in accordance with Sections 6.38, 6.39 & Parking for special events as outlined in Section shall utilize off-site parking arrangements. The provisions of Section 6.27, Loading Spaces Requirements, shall not apply. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 221

235 Section 8 Queenston Community Zoning District I-1 Zone requirements: a) Minimum lot area: as existing Notwithstanding the provisions of the Open Space (OS) Zone, no structural development is permitted on those lands identified as OS-1 on Schedule A RiverBrink Art Gallery and Library of Arts 116 Queenston Street - See Schedule A-25 (I-2) Notwithstanding the provisions of the Institutional (I) Zone, for lands known as the Riverbrink Art Gallery and Library of Arts identified as I-2 on Schedule A-25', the following permitted uses shall apply: Permitted Uses: a) Art gallery b) Museum c) Library and research establishment d) Secondary retail e) Accessory buildings and structures Queenston Street See Schedule A-25 (ER2-3) Notwithstanding the provisions of the Established Residential (ER2) Zone, the following special provisions shall apply to the lands identified as ER2-3 on Schedule A-25 : Zone requirements: a) Maximum height of dwelling... 1 ½ storeys or 8.53 m (28 ft) b) Any new dwelling will be located on the area identified as ER2-3 on Schedule A-25. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 222

236 Section 9 St Davids Community Zoning District Section 9: St. Davids Community Zoning District Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 223

237 Section 9 St Davids Community Zoning District SECTION 9: ST. DAVIDS COMMUNITY ZONING DISTRICT The provisions of the St. Davids Community Zoning District shall apply to all lands within the Urban Area Boundary established on Schedule D in the Town of Niagara-on-the- Lake s Official Plan, as shown on Schedule A 23' of this By-law. 9.1 RESIDENTIAL (R1) ZONE In the St. Davids Community Zoning District - Residential (R1) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A single detached dwelling b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or a home profession in accordance with Section 6.24 d) A group home in accordance with Section 6.20 e) A public use in accordance with Section f) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (60 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage....33% d) Minimum landscaped open space % e) Minimum front yard setback m (19.69 ft) f) Maximum front yard setback m (24.6 ft) g) Minimum front yard setback to front face of the attached garage.8.5 m (27.88 ft) h) Minimum interior side yard setback m (5 ft) on each side; except where there is no attached garage, the minimum side yard shall be 3.0 m (9.84 ft) on one side. i) Minimum exterior side yard setback m (14.76 ft) j) Minimum rear yard setback m (24.6 ft) k) Maximum width of garage face m (24.6 ft) l) Minimum dwelling floor area m 2 ( ft 2 ) m) Maximum building height m (32.8 ft) n) Minimum accessory building yards setback m (5 ft) o) Minimum accessory building exterior side yard setback m (14.76 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 224

238 Section 9 St Davids Community Zoning District 9.2 RESIDENTIAL (R2) ZONE In the St. Davids Community Zoning District - Residential (R2) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A single detached dwelling b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or a home profession in accordance with Section 6.24 d) A group home in accordance with Section 6.20 e) A public use in accordance with Section f) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (49.2 ft) b) Minimum lot area m 2 (5113 ft 2 ) c) Maximum lot coverage....40% d) Minimum landscaped open space % e) Minimum front yard setback to front face of dwelling m (14.76 ft) f) Maximum front yard setback m (19.69 ft) g) Minimum front yard setback to front face of attached garage (24.6 ft) h) Maximum width of garage face m (24.6 ft) i) Minimum interior side yard setback m (3.94 ft) on each side, except where there is no attached garage, the minimum side yard shall be 3.0 m (9.84 ft) on one side j) Minimum exterior side yard setback m (14.76 ft) k) Minimum rear yard setback m (24.6 ft) l) Minimum dwelling floor area m 2 (1001 ft 2 ) m) Maximum building height m (32.8 ft) n) Minimum accessory building yards setback m (5 ft) o) Minimum accessory building exterior side yard setback m (14.76 ft) 9.3 RESIDENTIAL (R3) ZONE In the St. Davids Community Zoning District - Residential (R3) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A semi-detached dwelling Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 225

239 Section 9 St Davids Community Zoning District b) A duplex dwelling c) A public use in accordance with Section d) A group home in accordance with Section 6.20 e) Accessory buildings and structures in accordance with Section Zone Requirements: A Semi Detached Dwelling: a) Minimum lot frontage per unit m (35.27 ft) for an interior lot and m (40.19 ft) for an exterior lot a) Minimum lot area per unit m 2 (3498 ft 2 ) b) Maximum lot coverage....33% c) Minimum landscaped open space..30% d) Minimum front yard setback to front face of dwelling m (14.76 ft) e) Maximum front yard setback m (19.69 ft) f) Minimum front yard setback to front face of attached garage 7.5 m (24.6 ft) h) Maximum width of garage face m (11.48 ft) i) Minimum interior side yard setback m (3.94 ft) on each side, except where there is no attached garage, the minimum side yard shall be 3.0 m (9.84 ft) on one side j) Minimum exterior side yard setback m (14.76 ft) k) Minimum rear yard setback m (24.6 ft) l) Minimum dwelling floor area...93 m 2 (1001 ft 2 ) m) Maximum building height m (32.8 ft) n) Minimum accessory building yards setback m (5 ft) o) Minimum accessory building exterior side yard setback m (14.76 ft) p) Minimum setback of uncovered, unenclosed or covered patio or deck form requires a side yard setback of 0.6 m (2 ft) A Duplex Dwelling: a) Minimum lot frontage m (59 ft) b) Minimum lot area m 2 (7190 ft 2 ) c) Maximum lot coverage....33% d) Minimum landscaped open space % e) Minimum front yard setback to front face of dwelling (19.69 ft) f) Minimum front yard setback to front face of attached garage (24.6 ft) g) Maximum width of garage face m (11.48 ft) h) Minimum interior side yard setback m (5 ft) i) Minimum exterior side yard setback m (14.76 ft) j) Minimum rear yard setback m (24.6 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 226

240 Section 9 St Davids Community Zoning District k) Minimum dwelling floor area m 2 (1001 ft 2 ) l) Maximum building height m (32.8 ft) m) Minimum accessory building yards setback m (5 ft) n) Minimum accessory building exterior side yard setback m (14.76 ft) 9.4 RESIDENTIAL MULTIPLE (RM1) ZONE In the St. Davids Community Zoning District - Residential Multiple (RM1) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) An existing single detached dwelling b) Townhouse dwelling c) A triplex dwelling d) A fourplex or quadraplex dwelling e) A bed and breakfast establishment in an existing detached dwelling in accordance with Section 6.5 f) A group home in accordance with Section 6.20 g) Accessory buildings and structures in accordance with Section Zone Requirements: Existing Single Detached Dwelling: In accordance with the provisions of the Residential 2 (R2) Zone, Section Townhouse Dwelling, On-Street: a) Minimum lot frontage per unit m (20.34 ft) for an interior lot and 10.0 m (32.8 ft) for an exterior lot b) Minimum lot area per dwelling unit m 2 ( ft 2 ) for an interior lot and 300 m 2 (3,229.3 ft 2 ) for an exterior lot c) Maximum lot coverage % d) Minimum landscaped open space % e) Minimum front yard setback to front face of dwelling m (14.76 ft) f) Maximum front yard setback (19.69 ft) g) Minimum front yard setback to face of garage (24.6 ft) h) Maximum width of garage face m (11.48 ft) i) Minimum interior side yard setback m (5 ft) for end units, except for end units having a height 5.0 m (16.4 ft) or greater, then 1.8 m (5.9 ft) shall be provided, except that where no attached garage is provided, the minimum side yard shall be 3.0 m (9.84 ft). No interior side Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 227

241 Section 9 St Davids Community Zoning District yard is required between the common vertical wall dividing one unit from another. j) Minimum exterior side yard setback.4.5 m (14.76 ft), except where an entrance to an attached garage faces an exterior side yard, the minimum exterior side yard for the garage shall be 6 m (19.69 ft). k) Minimum rear yard setback m (24.6 ft), except for units having a height 8.0 m (26.2 ft) or greater, then 9.0 m (29.53 ft) shall be provided l) Minimum dwelling floor area m 2 (861 ft 2 ) m) Maximum building height m (32.8 ft) n) Minimum accessory building yards setback m (1.64 ft) o) Minimum accessory building exterior side yard setback m (14.76 ft) p) Minimum setback of uncovered, unenclosed or covered patio or deck form requires a side yard setback of 0.6 m (2 ft) Block Townhouse Dwellings: a) Minimum lot frontage m (98.4 ft) b) Minimum lot area per unit m 2 ( ft 2 ) c) Maximum density units per ha. d) Maximum lot coverage....35% e) Minimum landscaped open space...30% f) Minimum front yard setback m (19.69 ft) g) Minimum interior side yard setback m (19.69 ft) h) Minimum exterior side yard setback m (19.69 ft) i) Minimum rear yard setback m (19.69 ft) j) Minimum distance between buildings located on the same lot..3.0 m (9.84 ft) between walls not containing windows to a habitable room and 9.0 m (29.53 ft) between walls where one wall contains a window to a habitable room and 15.0 m (49.2 ft) between walls where both walls contain a window to a habitable room k) Minimum distance between any townhouse dwelling and an internal driveway and parking area m (14.76 ft) to the front of the dwelling, 6.0 m (19.69 ft) to the front face of garage. l) Minimum dwelling unit area m 2 (861 ft 2 ) m) Maximum building height m (32.8 ft) n) Minimum accessory building yards setback m (1.64 ft) o) Minimum accessory building exterior side yard setback..6.0 m (19.69 ft) p) Minimum setback of uncovered, unenclosed or covered patio or deck form requires a side yard setback of 0.6 m (2 ft). Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 228

242 Section 9 St Davids Community Zoning District A Triplex Dwelling: a) Minimum lot frontage m (70.53 ft) b) Minimum lot area m 2 (7427 ft 2 ) c) Minimum lot area per dwelling unit m 2 ( ft 2 ) d) Maximum lot coverage....35% e) Minimum landscaped open space % f) Minimum front yard setback m (19.69 ft) g) Minimum interior side yard setback.4.5 m (14.76 ft) on one side and 1.8 m (5.9 ft) on the other side. h) Minimum exterior side yard setback 4.5 m (14.76 ft) where an entrance to an attached garage faces an exterior side yard, the minimum exterior side for the garage shall be 6 m (19.69 ft). i) Minimum rear yard setback m (29.53 ft) j) Minimum dwelling unit area...80 m 2 (861 ft 2 ) k) Maximum building height m (34.45 ft) l) Minimum accessory building yards setback m (3.94 ft) m) Minimum accessory building exterior side yard setback..4.5 m (14.76 ft) A Fourplex or Quadraplex Dwelling: a) Minimum lot frontage m (80.38 ft) b) Minimum lot area m 2 ( ft 2 ) c) Minimum lot area per dwelling unit 200 m 2 ( ft 2 ) d) Maximum lot coverage....35% e) Minimum landscaped open space % f) Minimum front yard setback m (24.6 ft) g) Minimum interior side yard setback..4.5 m (14.76 ft) on one and 1.8 m (5.9 ft) on the other side. h) Minimum exterior side yard setback 4.5 m (14.76 ft), where an entrance to an attached garage faces an exterior side yard the minimum exterior side for the garage shall be 6 m (19.69 ft) i) Minimum rear yard setback m (29.53 ft) j) Minimum dwelling unit area m 2 (861 ft 2 ) k) Maximum building height m (32.8 ft) l) Minimum accessory building yard setback m (3.94 ft) m) Minimum accessory building exterior side yard setback..4.5 m (14.76 ft) 9.5 RESIDENTIAL MULTIPLE (RM2) ZONE In the St. Davids Community Zoning District - Residential Multiple (RM2) Zone, no land shall be used and no building or structure shall be used, altered or erected Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 229

243 Section 9 St Davids Community Zoning District except in accordance with the following uses and provisions: Permitted Uses: a) A senior citizen apartment building including secondary dwelling units b) Nursing home including secondary dwelling units c) A group home in accordance with Section 6.20 d) Accessory building and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (98.4 ft) b) Minimum lot area ,000 m 2 (21,528.5 ft 2 ) c) Maximum lot coverage...50% d) Minimum landscaped open space % e) Minimum front yard setback m (24.6 ft) f) Minimum interior side yard setback..6.0 m (19.69 ft), except that where the interior lot line is adjacent to a Residential 1 (R1) Zone, Residential 2 (R2) Zone, Residential 3 (R3) Zone or Estate Residential (ER) Zone in the St. Davids Community Zoning District, a minimum interior side yard equal to the building height is required, whichever is greater g) Minimum exterior side yard setback m (24.6 ft) h) Minimum rear yard setback 7.5 m (24.6 ft), except that where the rear lot line is adjacent to a Residential 1 (R1) Zone, Residential 2 (R2) Zone, Residential 3 (R3) Zone or Estate Residential (ER) Zone in the St. Davids Community Zoning District, a minimum rear side yard equal to the building height is required, whichever is greater. i) Minimum distance between main buildings located on the same lot 15.0 m (49.2 ft) i) Minimum dwelling unit area: 1) Bachelor unit...37 m 2 (398.3 ft 2 ) 2) 1 bedroom unit...41 m 2 (441 ft 2 ) 3) 2 bedroom unit m 2 (742.7 ft 2 ) j) Maximum building height m (34.45 ft) k) Minimum accessory building yards setback m (3.94 ft) l) Minimum accessory building exterior side yard setback m (24.6 ft) 9.6 RESIDENTIAL DEVELOPMENT (RD) ZONE In the St. Davids Community Zoning District - Residential Development (RD) Zone, no land shall be used and no building or structure shall be used, altered or Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 230

244 Section 9 St Davids Community Zoning District erected except in accordance with the following uses and provisions: Permitted Uses a) Existing uses Zone Requirements: a) As existing b) Additions to a existing single detached dwelling shall be in accordance with Section NOTE: This zone is a development zone intending that the lands so zoned shall be developed for residential purposes at a subsequent date. The appropriate zone category shall be established through a zoning By-law amendment. 9.7 VILLAGE COMMERCIAL (VC) ZONE In the St. Davids Community Zoning District - Village Commercial (VC) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) An automobile service station b) A bank or financial institution c) A professional office d) A medical clinic e) A restaurant f) A take-out restaurant g) An outdoor patio restaurant, as a secondary use to an existing restaurant in accordance with Section 6.36 h) A hotel i) A motel j) A tavern k) A dry cleaning outlet l) A coin laundry m) A bake shop n) A retail store o) A convenience store p) A florist shop q) An antique sales store Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 231

245 Section 9 St Davids Community Zoning District r) A brew your own operation s) A service establishment t) A hardware store u) A postal outlet v) Accessory buildings and structures w) A commercial recreation facility x) A residential use in accordance with Section Zone Requirements: a) Minimum lot frontage m (49.2 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage....50% d) Minimum landscaped open space % e) Minimum front yard setback... 0 m (0 ft) f) Minimum interior side yard setback..0 m (9.84 ft) on one side and 0 m (0 ft) on other side. g) Minimum exterior side yard setback m (0 ft) h) Minimum rear yard setback..7.5 m (24.6 ft), except that where the rear yard abuts a residential zone, 12.0 m (39.4 ft) is required. i) Minimum building height m (32.8 ft) j) Maximum building height m (34.45 ft) k) Minimum accessory building yards setback.1.2 m (3.94 ft) l) Outside storage in accordance with Section 6.37 m) On-site parking location in rear yard only Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Village Commercial (VC) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section SERVICE COMMERCIAL (SC) ZONE In the St. Davids Community Zoning District - Service Commercial (SC) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) An automobile service station Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 232

246 Section 9 St Davids Community Zoning District b) A professional office c) A garden centre d) A gas bar e) A bake shop f) A retail store g) A commercial recreation facility h) A service establishment i) A manual or an automatic car wash j) A hardware store k) A taxi establishment l) A farm implement dealer m) An automobile sales establishment n) A wholesale building supply establishment o) A recreational vehicle sales and service establishment p) Accessory buildings and structures q) A residential use in accordance with Section Zone Requirements: a) Minimum lot frontage m (100 ft) b) Minimum lot area ,400 m 2 ( ft 2 ) c) Maximum lot coverage....40% d) Minimum landscaped open space..20% e) Minimum front yard setback m (24.6 ft) f) Minimum interior side yard setback m (14.76 ft) g) Minimum exterior side yard setback m (19.69 ft) h) Minimum rear yard setback m (24.6 ft), except that where the rear yard abuts a residential zone, 12.0 m (39.37 ft) is required. I) Maximum building height m (34.45 ft) j) Minimum accessory building yards setback m (5 ft) k) Minimum accessory building exterior side yard setback..4.5 m (14.76 ft) l) Outside storage in accordance with Section Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Service Commercial (SC) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section 6.6. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 233

247 Section 9 St Davids Community Zoning District 9.9 ENTERPRISE (E) ZONE In the St. Davids Community Zoning District - Enterprise (E) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A commercial recreation facility b) A fruit and vegetable processing establishment and storage c) An office complex d) Farm implement dealership and repair facility e) A research and development establishment f) A veterinary office g) A professional office h) Retail use secondary to a permitted use i) A repair service establishment j) A wholesale establishment j) A winery production facility k) A service establishment l) An assembly hall m) A warehouse n) A manufacturing establishment o) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m ( ft) b) Minimum lot area ha (1 ac) c) Maximum lot coverage....40% d) Minimum landscaped open space % e) Minimum front yard setback m (32.8 ft) f) Minimum interior side yard setback 6.0 m (19.69 ft), except that where the interior side yard abuts a residential zone, 10.0 m (32.8 ft) is required. g) Minimum exterior side yard setback m (32.8 ft) h) Minimum rear yard setback.12.0 m (39.37 ft), except that where the rear yard abuts a residential zone, 15.0 m (49.2 ft) is required i) Minimum floor area m 2 ( ft 2 ) j) Maximum building height m (34.45 ft) k) Minimum accessory building yards setback m (5 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 234

248 Section 9 St Davids Community Zoning District l) Minimum accessory building exterior side yard setback m (32.8 ft) m) Outside storage in accordance with Section Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Enterprise (E) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section INSTITUTIONAL (I) ZONE In the St. Davids Community Zoning District - Institutional (I) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) An ambulance service detachment b) A cemetery c) A government office d) An institutional use e) A school f) A library g) A museum h) A day care centre i) A fire hall j) A community centre k) A church or religious institution l) A nursing home m) A secondary dwelling unit to a permitted use n) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (100 ft) b) Minimum lot area.....2,000 m 2 (21,528 ft 2 ) c) Maximum lot coverage....50% d) Minimum landscaped open space % e) Minimum front yard setback..9.0 m (29.53 ft) f) Minimum interior side yard setback m (24.6 ft) g) Minimum exterior side yard setback m (29.53 ft) h) Minimum rear yard setback m (24.6 ft), Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 235

249 Section 9 St Davids Community Zoning District except that where the rear yard abuts a residential zone, 12.0 m (39.37 ft) is required. i) Maximum building height m (34.45 ft) j) Minimum accessory building yards setback m (3.94 ft) k) Minimum accessory building exterior side yard setback m (29.53 ft) Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Institutional (I) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section OPEN SPACE (OS) ZONE In the St. Davids Community Zoning District - Open Space (OS) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A cemetery b) A private club c) Conservation management activities and uses d) Public and private parks e) Historic sites f) A golf course g) Accessory buildings and structures in accordance with Section 6.1 h) An existing building and structure Zone Requirements: a) Minimum lot frontage n/a b) Minimum lot area n/a c) Maximum lot coverage % d) Minimum front yard setback m (49.2 ft) e) Minimum interior side yard setback m (24.6 ft) f) Minimum exterior side yard setback m (49.2 ft) g) Minimum rear yard setback m (49.2 ft) h) Maximum building height m (28 ft) i) Minimum accessory building yards setback m (5 ft) j) Minimum accessory building exterior side yard setback m (49.2 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 236

250 Section 9 St Davids Community Zoning District 9.12 ENVIRONMENTAL CONSERVATION ZONE OVERLAY The Environmental Conservation Zone Overlay provides regulations for new development, additions to existing development, and setbacks from each natural feature as listed. For each natural feature, there is a list of permitted uses within the feature and a list of permitted uses adjacent to the feature, along with a number of regulations. These include minimum setbacks, and studies required to determine the effect of development on the natural feature. Where the zoning regulations specify that a use is permitted subject to an Environmental Impact Study (EIS), no new building or structure and no expansion to any existing building or structure shall be permitted unless it has been demonstrated through an EIS that there will be no negative impact on the adjacent natural feature Water Feature Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS) b) Public boat launch and dock, subject to an environmental impact study (EIS) c) Existing private boathouses and docks. d) Permitted uses adjacent to Water Feature 2: 1) Existing dwellings, buildings and structures 2) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) 3) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) 4) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) 5) Infrastructure Zoning requirements: a) Within 30 m of the edge of the feature an EIS is required to determine the required minimum setback with a minimum setback no less than 15 m is required. A narrower buffer may be considered where the EIS has demonstrated it will not harm fish or fish habitat. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 237

251 Section 9 St Davids Community Zoning District b) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) Regional Environmental Conservation Area Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS) b) Existing public and private parks c) Public boat launch and dock, subject to an environmental impact study (EIS) d) Existing private boathouses and docks e) Existing dwellings, buildings and structures f) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) g) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) h) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) i) Infrastructure Zoning requirements: a) Within 50 m of the edge of the conservation area, an EIS is required to determine the minimum setback b) A single detached dwelling is permitted within a significant woodland on existing lots of record, but will require an environmental impact study (EIS) and clearance from the Niagara Peninsula Conservation Authority (NPCA) c) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) NPCA Regulation Area Development subject to NPCA approval Water body Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS) b) Public boat launch and dock, subject to an environmental impact study (EIS) c) Existing private boathouses and docks d) Infrastructure Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 238

252 Section 9 St Davids Community Zoning District e) Permitted Uses adjacent to a water body: 1) Existing public and private parks 2) Existing dwellings, buildings and structures 3) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) 4) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) 5) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) 6) Infrastructure Zoning requirements: a) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 239

253 Section 9 St Davids Community Zoning District 9.13 SITE SPECIFIC EXCEPTIONS Four Mile Creek Road, Creekside Senior Estates Cooperative See Schedule A-23 (RM1-1 & VC-1) Notwithstanding the provisions of the Residential Multiple (RM1) Zone and the Village Commercial (VC) Zone, lands identified as RM1-1 and VC-1 on Schedule A-23', only the following uses shall apply: RM1-1 Permitted Uses: a) Mobile home park b) Recreational vehicle park c) Accessory buildings and structures RM1-1 Zone Requirements a) Maximum number of mobile home units in a mobile home park b) Maximum number of park model home units in a recreational vehicle park...79 c) Minimum setback from top of bank of Four Mile Creek...15 m (49 ft) d) Maximum height of a mobile or park model home, excluding footing or foundation m (12 ft) e) Minimum front yard setback from laneway m (3 ft) f) Minimum side yard setback for each site m (3 ft) g) Rear yard setback for each site rear yard m (3 ft) h) Number of mobile homes/park model homes per site i) Accessory buildings and structures.....setbacks as existing VC-1 Permitted Uses: a) Existing recreation vehicle sales and service b) Existing mobile home sales c) Existing single detached dwelling VC-1 Zone Requirements: a) Building setbacks as existing Four Mile Creek Road Agricultural Market See Schedule A-23 (VC-2) Notwithstanding the provisions of the Village Commercial (VC) Zone, lands identified as VC-2 on Schedule A-23', the following permitted provisions shall apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 240

254 Section 9 St Davids Community Zoning District Permitted Uses: a) Existing agricultural market York Road Ravine Vineyard Estate Winery, Roll # See Schedule A-23 (A-3) & (OS-3) Notwithstanding the provisions of the Agricultural (A) Zone and the Open Space (OS) Zone, lands identified as A-3 and OS-3 on Schedule A-23', the following additional provisions shall apply: A-3 Permitted Uses: a) An Estate Winery A-3 Zone Requirements for the Estate Winery: a) Minimum lot area ha (34 ac) b) Minimum lot frontage m (205 ft) c) Off-street parking for the Estate Winery shall be provided at the rate of one (1) parking space per employee d) Minimum building setback from all property lines shall be..15 m (49.2 ft) e) Maximum lot coverage for all buildings....15% f) Maximum building height to peak of roof m (36 ft) A-3 Permitted Secondary Uses, in association with, and secondary to the main use of the Estate Winery: a) Retail sale of wine with a maximum floor area of m 2 (3,256.2 ft 2 ) b) A hospitality room with a maximum floor area of m 2 (3, ft 2 ) c) An agricultural market / delicatessen (including kitchen / ancillary food preparation area) with a maximum floor area of m 2 (1,965.6 ft 2 ) d) A restaurant (including kitchen area) with a maximum floor area of m 2 (5,782.6 ft 2 ) e) An outdoor covered / uncovered patio with a maximum floor area of m 2 (4,097.9 ft 2 ) f) An outdoor special event / tent area with a maximum area of 98.1 m 2 (10,625 ft 2 ) subject to maximum of twelve (12) events each year. After the completion and occupancy of the restaurant, the agricultural market / delicatessen and the hospitality room areas shall not be open for public use during any time that a special event is being held. g) One additional dwelling unit. The number of required parking spaces shall be (one) 1 space per unit. The use of the additional dwelling unit for a bed and breakfast establishment as defined in Section 6.5, and / or a home Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 241

255 Section 9 St Davids Community Zoning District occupation (as defined in Section 6.24) is prohibited. i) Unless otherwise stated off-street parking for all other secondary uses shall be one parking space for every 18.5 m 2 (199 ft 2 ) of floor area devoted to the secondary use A-3 An outdoor covered/uncovered patio and an outdoor event tent area shall be subject to the following provisions: a) A minimum setback of 20 m from any residential zone shall be provided. c) Hours of operation shall be limited to between 8 a.m. and 11 p.m. d) The use shall operate seasonally from March 1 to October 31 each calendar year. e) All outdoor lighting shall be deflected away from any residential area. f) Outdoor public address systems or amplified music shall not be permitted. g) The surface of an outdoor patio shall be limited to a maximum height of 1 m (3.28 ft) above grade. h) A maximum of one (1) event shall be permitted per weekend in the outdoor event tent area. Weekend is defined for the purposes of this Section as Friday, Saturday and Sunday OS-3 Notwithstanding the provisions of the Open Space (OS) Zone, in Section 9.11, agricultural uses (excluding farm buildings) subject to the regulations of the Niagara Peninsula Conservation Authority are permitted on those lands identified as OS-3 on Schedule A Tanbark Road, Apricot Glen Subdivision See Schedule A-23 (R1-4) Notwithstanding the provisions of the Residential (R1) Zone and the Open Space (OS) Zone, the following special provisions shall apply to the lands identified as R1-4 and OS-4 on Schedule A-23'; R1-4 Zone requirements: a) Minimum front yard setback m (19.69 ft) b) Minimum lot area m 2 ( ft 2 ) c) Minimum lot depth m (95.93 ft) d) Minimum lot frontage m (60 ft) e) Maximum lot coverage for bungalows %* f) Maximum lot coverage for 1½ and 2 storey dwellings...33% g) Minimum front yard setback m (19.69 ft) h) Minimum interior side yard setback m (5 ft) i) Minimum exterior side yard setback m (15 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 242

256 Section 9 St Davids Community Zoning District j) Minimum rear yard setback m (25 ft) k) Maximum building height m (35 ft) *Note: 1. Covered decks and covered porches are included in the forty percent (40%) lot coverage. 2. Single width garage doors are required. 3. The garage doors shall not occupy more than fifty per cent (50%) of the street facing façade of a house. 4. The front porch must be a minimum of 2.0 m (6.56 ft) in depth OS-4 Permitted Uses: a) No buildings or structures are permitted Tanbark Road (63, 67, 71, 73 79, 85, 91, 95, 99, 105, 111 & 117) See Schedule A-23 (R1-5) Notwithstanding the provisions of the Residential (R1) Zone, lands identified as R1-5 on Schedule A-23', the following special provisions shall apply: Zone requirements: a) Minimum lot frontage m (99 ft) b) Minimum lot area ha (0.50 ac) c) Maximum lot coverage % d) Minimum front yard setback m (25 ft) e) Minimum interior side yard setback m (10 ft) f) Minimum exterior side yard setback m (15 ft) g) Minimum rear yard setback m (25 ft) Four Mile Creek Road (The Settlement of St. Davids) - See Schedule A-23 (R1-6), (RM1-6) & (OS-6) Notwithstanding the provisions of the Residential (R1) Zone, the Residential Multiple (RM1) Zone and the Open Space (OS) Zone, the following special provisions shall apply to the lands identified as R1-6, RM1-6 & OS-6 on Schedule A R1-6 Permitted Uses: a) Maximum of sixty-nine (69) single detached dwellings Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 243

257 Section 9 St Davids Community Zoning District R1-6 Zone Requirements: a) Minimum lot frontage for single detached dwelling...15 m (49.2 ft) b) Maximum lot coverage for bungalows %* c) Maximum lot coverage for 1½ and 2 storey dwellings...33% d) Minimum front yard setback for single detached dwelling with attached garage m (19.69 ft) e) Minimum front yard setback for single detached dwelling with detached garage in rear yard m (9.84 ft) f) Minimum front yard setback for attached garage for single detached dwelling m (19.69 ft) g) Minimum interior side yard setback for single detached dwelling with attached garage m (3.94 ft) h) Minimum interior side yard setback for single detached dwelling where there is no attached garage m (5.0 ft) on one side and 3.0 m (9.84 ft) on the other side i) Minimum exterior side yard setback for single detached dwelling..4.0 m (13.12 ft) j) Minimum rear yard setback for single detached dwelling m (24.6 ft) k) Minimum side and rear yard setback for accessory buildings m (3.28 ft) l) Maximum building height to the peak of roof m (32.02 ft) m) Minimum driveway width m (9.84 ft) n) Minimum number of parking spaces per dwelling unit...2, including one space in the garage and one tandem space in front of the garage o) Minimum dwelling unit area m 2 (1001 ft 2 ) p) Garages shall not project beyond the front face of the main building façade except where a front porch is applied, the garage may project to the depth of the front porch q) Garage doors should not occupy more than fifty per cent (50 %) of the lot frontage. r) Maximum garage width m (26 ft) s) Privacy fencing for dwellings on corner lots or flankage lots should not occupy more than fifty per cent (50 %) of the flankage lot line measured from the rear property line. t) Fencing along the front yard or corner lots shall be a maximum of 1.0 m (3.28 ft) in height. u) Minimum lot area for single detached dwelling m 2 (5209 ft 2 ) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 244

258 Section 9 St Davids Community Zoning District *Note: 1. Covered decks and covered porches are included in the forty per cent (40%) lot coverage. 2. Single width garage doors are required. 3. The garage door shall not occupy more than fifty per cent (50%) of the street facing façade of a house. 4. The front porch must be a minimum of 2.0 m (6.56 ft) in depth RM1-6 Permitted Uses: a) Maximum of thirty-one (31) townhouse units RM1-6 Zone Requirements: a) Minimum lot frontage for townhouse unit m (22.96 ft) b) Minimum front yard setback for townhouse with attached garage (Block 70 and 71) m (14.76 ft) c) Minimum front yard setback for townhouse with detached garage in rear yard (Block 80) m (5 ft) d) Minimum front yard setback for attached garage for townhouse unit m (19.69 ft) e) Minimum interior side yard setback for townhouse unit...0 m (0 ft) f) Minimum exterior side yard setback for townhouse unit m (13.12 ft) g) Minimum rear yard setback for townhouse unit m (24.6 ft) h) Minimum side and rear yard setback for accessory buildings m (3.28 ft) i) Minimum rear yard amenity space for townhouse units m 2 (299.2 ft 2 ) j) Maximum building height to the peak of roof m (32.02 ft) k) Minimum driveway width m (9.84 ft) l) Minimum number of parking spaces per dwelling unit , including one space in the garage and one tandem space in front of the garage. m) Minimum dwelling unit area m 2 (1001 ft 2 ) n) Garages shall not project beyond the front face of the main building façade except where a front porch is applied, the garage may project to the depth of the front porch. o) Garage doors shall not occupy more than fifty per cent (50 %) of the lot frontage. p) Garage interior widths shall be a maximum of 6.0 m (19.69 ft). q) Garages are shall incorporate single-width wide garage doors. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 245

259 Section 9 St Davids Community Zoning District r) Living fences shall be permitted (flora specie indigenous to area). s) Privacy fencing for dwellings on corner lots or flankage lots shall not occupy more than fifty per cent (50 %) of the flankage lot line measured from the rear property line. t) Fencing along the front yard or corner lots shall be a maximum of 1.0 m (3.28 ft) in height OS-6 Permitted Uses: a) No buildings or structures are permitted Tanbark Road (Cortland Valley) - See Schedule A-23 (R1-7) & (RM1-7) Notwithstanding the provisions of the Residential (R1) Zone and the Residential Multiple (RM1) Zone, the following special provisions shall apply to the lands identified as R1-7 & RM1-7 (Cortland Valley) on Schedule A R1-7 Permitted Uses: a) Maximum of thirty-six (36) single detached dwellings R1-7 Zone Requirements: a) Minimum lot area m 2 ( ft 2 ) b) Minimum lot frontage m (49.2 ft) c) Minimum lot depth m (100 ft) d) Minimum front yard setback...6 m (19.69 ft), except 7.62 m (25 ft) to an attached garage. e) Minimum interior side yard setback m (5.0 ft), except for westerly interior side yard setback of Lots 11 and 29 should be 9 m (30 ft). f) Minimum exterior side yard setback m (15 ft) g) Minimum rear yard setback m (25 ft) h) Maximum lot coverage for bungalows %* i) Maximum lot coverage for 1½ and 2 storey dwellings...33% j) Maximum building height to the peak of the roof, with maximum of 2 storeys m (30 ft) k) Garages shall not project beyond the front face of the main building façade. *Note: 1. Covered decks and covered porches are included in the forty per cent (40%) lot coverage. 2. Single width garage doors are required. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 246

260 Section 9 St Davids Community Zoning District 3. The garage door shall not occupy more than fifty per cent (50%) of the street facing façade of a house. 4. The front porch must be a minimum of 2.0 m (6.56 ft) in depth RM1-7 Permitted Uses: a) Maximum of eighteen (18) townhouse units RM1-7 Zone Requirements: a) Minimum lot area m 2 (2906 ft 2 ) b) Minimum lot depth m (100 ft) c) Minimum lot frontage - end unit m (34.45 ft) d) Minimum lot frontage - interior unit m (24.6 ft) e) Minimum front yard setback m (20 ft), except 7.62 m (25 ft) to an attached garage. f) Minimum end unit side yard setback m (5 ft) g) Minimum interior unit side yard setback m (0 ft) h) Minimum exterior side yard setback m (14.76 ft) i) Minimum rear yard setback m (25 ft) j) Minimum landscaping area % k) Minimum parking spaces...2 spaces per unit which may include one space in the garage, and one tandem space in the driveway l) Minimum dwelling unit size m 2 (1000 ft 2 ) m) Maximum building height to the peak of the roof, with maximum of one (1) storey with optional loft m (30 ft) n) Garage interior widths shall be a maximum of 6.0 m (19.69 ft). o) Garages shall not project beyond the front face of the main building façade & 125 Tanbark Road & Apricot Glen Drive - See Schedule A-23 (R1-8) Notwithstanding the provisions of the Residential (R1) Zone, the following special provisions shall apply to the lands identified as R1-8 on Schedule A R1-8 Zone requirements: a) Minimum lot area m 2 (10, ft 2 ) b) Maximum lot coverage for bungalows % c) Maximum lot coverage for 1½ and 2 storey dwellings...33% d) Minimum front yard setback m (25 ft) e) Minimum rear yard setback m (25 ft) f) Minimum interior side yard setback m (5 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 247

261 Section 9 St Davids Community Zoning District g) Minimum exterior side yard setback m (15 ft) h) Minimum lot frontage m (60 ft) i) Minimum lot depth m (120 ft) j) Maximum building height m (35 ft) *Note: 1. Covered decks and covered porches are included in the forty per cent (40%) lot coverage. 2. Single width garage doors are required. 3. The garage doors shall not occupy more than fifty per cent (50%) of the street facing façade of a house. 4. The front porch must be a minimum of 2.0 m (6.56 ft) in depth Tanbark Road See Schedule A-23 (R1-9) Notwithstanding the provisions of the Residential (R1) Zone, the following special provisions shall apply to the lands identified as R1-9 on Schedule A Zone requirements: a) Maximum lot area ha (6 ac) b) Minimum area of single detached dwelling including attached garage m 2 (3,129 ft 2 ) c) Maximum area of roofed porch m 2 (345 ft 2 ) d) Maximum building height to peak of roof m (35 ft) e) Minimum lot frontage m (60 ft) f) Maximum lot coverage % g) Maximum front yard setback m (25 ft) h) Maximum rear yard setback m (25 ft) i) Maximum interior side yard setback m (5 ft) j) Maximum exterior side yard setback m (15 ft) Tanbark Road - See Schedule A-23 (R1-10) Notwithstanding the provisions of the Residential (R1) Zone, the following special provisions shall apply to the lands identified as R1-10 on Schedule A Zone Requirements: a) Minimum lot area m 2 ( ft 2 ) b) Minimum lot frontage m (60 ft) c) Maximum lot coverage % d) Maximum front yard setback m (25 ft) e) Maximum rear yard setback m (25 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 248

262 Section 9 St Davids Community Zoning District f) Maximum interior side yard setback m (5 ft) g) Maximum exterior side yard setback m (15 ft) h) Maximum building height m (35 ft) Tanbark Road (St. Davids Estates) See Schedule A-23 (R1-11) Notwithstanding the provisions of the Residential (R1) Zone, the following special provisions shall apply to the lands identified as R1-11 on Schedule A Zone Requirements: a) Minimum lot area m 2 ( ft 2 ) b) Maximum lot coverage for bungalows...40%* c) Maximum lot coverage for 1½ and 2 storey dwellings...33% d) Minimum lot frontage m (50 ft) e) Minimum front yard setback to single detached dwelling...6 m (19.69 ft) f) Minimum front yard setback to an attached garage m (25 ft) g) Minimum rear yard setback m (25 ft) h) Minimum interior side yard setback m (5 ft) i) Minimum exterior side yard setback m (15 ft) j) Maximum building height m (35 ft) *Note: 1. Covered decks and covered porches are included in the forty per cent (40%) lot coverage. 2. Single width garage doors are required. 3. The garage door shall not occupy more than fifty per cent (50%) of the street facing façade of a house. 4. The front porch must be a minimum of 2.0 m (6.56 ft) in depth Four Mile Creek Road (Apricot Glen Phase 2) See Schedule A-23 (R1-12) & (RM1-12) Notwithstanding the provisions of the Residential (R1) Zone and the Multiple Residential (RM1) Zone, the following special provisions shall apply to the lands identified as R1-12 & RM1-12 on Schedule A R1-12 Zone Requirements: a) Minimum lot area m 2 ( ft 2 ) b) Maximum lot coverage for bungalows...40%* c) Maximum lot coverage for 1½ and 2 storey dwellings...33% d) Minimum lot frontage m (52.39 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 249

263 Section 9 St Davids Community Zoning District e) Minimum front yard setback to the face of a dwelling... 6 m (19.69 ft) f) An attached garage shall not project beyond the front face of the dwelling. g) Maximum building height to the peak of roof m (34 ft) *Note: 1. Covered decks and covered porches are included in the forty per cent (40%) lot coverage. 2. Single width garage doors are required. 3. The garage doors shall not occupy more than fifty per cent (50%) of the street facing façade of a house. 4. The front porch must be a minimum of 2.0 m (6.56 ft) in depth RM1-12 Zone Requirements: a) Minimum lot area m 2 ( ft 2 ) b) Minimum lot frontage per unit m (24.6 ft) c) Minimum lot depth...29 m (95.14 m) d) Minimum front yard setback to face of dwelling m (20 ft) e) An attached garage shall not project beyond the front face of the dwelling. f) Minimum end unit side yard setback m (5 ft) g) Minimum interior side yard setback m (0 ft) h) Minimum exterior side yard setback m (15 ft) i) Minimum rear yard setback m (25 ft) j) Maximum building height to the peak of roof m (34 ft) k) Minimum dwelling unit size m 2 (1000 ft 2 ) l) Garage interior widths shall be a maximum of 6.0 m (19.69 ft). m) Minimum parking spaces per unit.....2, which may include one space in the garage, and one tandem space in the driveway Queenston Road Pt. Lot 96 Vineyard Creek Estates - See Schedule A- 23 (R1-13) Notwithstanding the provisions of the Residential (R1) Zone, the following special provisions shall apply to the lands identified as R1-13 on Schedule A R1-13 Zone Requirements: a) Minimum lot frontage m (59.0 ft) b) Minimum front yard setback to the face of a dwelling m (25.0 ft) c) Maximum lot coverage...33% d) Minimum rear yard setback m (30 ft) e) Minimum interior side yard setback m (5 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 250

264 Section 9 St Davids Community Zoning District f) Minimum exterior side yard setback m (10 ft) g) Minimum accessory side and rear yard setback m (5 ft) h) Accessory structures are not permitted within the front yard. i) An attached garage shall not project beyond the front face of the dwelling and shall be setback a minimum of 0.60 m (2 ft) from the front face of the dwelling. j) Maximum front face of garage m (30 ft) k) Maximum building height to the mid point of roof m (32 ft) l) Minimum area for a one storey single detached dwelling, excluding garage and covered terraces m 2 (2000 ft 2 ) m) Minimum area for a two storey single detached dwelling, excluding garage and covered terraces m 2 (2250 ft 2 ) n) Vehicles other than primary automobiles cannot be parked in the driveway for any extended period of time (i.e. recreational vehicles, boats, trailers, campers). o) No structural development including, but not limited to storage sheds, garages, pool houses, swimming pools, decks gazebos, shall be permitted within a 7.5 m setback (24.6 ft) from the top of bank and no dumping of any materials of any kind, including but not limited to fill material, grass clippings, yard waste, is permitted within the 7.5 m buffer area. p) Above ground pools are not permitted Paxton Lane See Schedule A-23 (RD-14) Notwithstanding the provisions of the Residential (R1) Zone, the Residential Multiple (RM1) Zone and the Open Space (OS) Zone, the following special provisions shall apply to the lands identified as One Family Residential (R1) Site Specific, Residential Multiple (RM1) Zone Site Specific Zone and Open Space (OS) Zone Site Specific as shown on Figure F below Permitted Uses Residential (R1) Zone Site Specific a) Single family dwellings Residential Multiple (RM1) Zone Site Specific a) Townhouses Prohibited Uses a) Bed and breakfast and country inn establishments shall not be permitted as a secondary use to a single family dwelling on the lands identified as One Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 251

265 Section 9 St Davids Community Zoning District Family Residential (R1) Site Specific Zone where the lot area is less than m 2 (7200 ft 2 ). b) No structural development (i.e. dwelling units, storage sheds, garages, pool houses, swimming pools, decks, gazebos, etc.,) or the removal of existing vegetation on steep slopes shall be permitted on those lands identified as Open Space (OS) Site Specific Zone on Figure F below Zone Requirement Residential (R1) Zone Site Specific Single Family Dwellings a) Minimum lot frontage m (49.2 ft) b) Minimum lot frontage for lot m (48.4 ft) c) Minimum lot area m 2 ( ft 2 ) d) Minimum lot area for lot 11 (Paxton House) m 2 ( ft 2 ) e) Minimum lot depth m (92.78 ft) f) Maximum lot coverage*....33% g) Maximum lot coverage for one storey single detached dwellings where the lot area is 536 m 2 ( ft 2 ) or less...40% h) Maximum height of dwelling m (28 ft) i) Minimum front yard setback to dwelling** m (19.69 ft) j) Minimum interior side yard setback m (5.0 ft) k) Minimum exterior side yard setback m (13.1 ft) l) Minimum exterior side yard setback from Street A for lot 6 for all buildings, including accessory structures m (25 ft) m) Minimum rear yard setback for lots 1 to 3, & 6 to m (25 ft) n) Minimum number of parking spaces per dwelling unit...2 spaces including one (1) space in the garage and one tandem space in front of the garage. *Excludes covered decks and porches **Attached garages shall not project beyond the front face of the main building façade except where a front porch is applied, the garage may project to the depth of the front porch. No structural development located within the Open Space (OS) Site Specific Zone shall be permitted for lots 4, 5 and Zone Requirement Townhouses a) Maximum number of townhouse units...18 Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 252

266 Section 9 St Davids Community Zoning District b) Minimum lot frontage per unit m (29.5 ft) c) Minimum lot area per unit m 2 ( ft 2 ) d) Maximum lot coverage per block...47% e) Maximum building height m (25 ft) f) Minimum front yard setback to townhouse m (19.69 ft) g) Minimum front yard setback to attached / detached garage** m (26.2 ft) h) Minimum interior side yard setback for common walls*...0 m (0 ft) (*Except that an end wall shall be 1.5 m (5 ft) from the block boundary line.) i) Minimum exterior side yard setback m (5.0 ft) j) Minimum rear yard setback m (25.0 ft) k) Minimum dwelling unit floor area...93 m 2 (1001 ft 2 ) l) Minimum number of parking spaces per townhouse unit...2 space including one space in the garage and one tandem space in front of the garage. Figure F: 46 Paxton Lane Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 253

267 Section 10 Virgil Community Zoning District Section 10: Virgil Community Zoning District Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 254

268 Section 10 Virgil Community Zoning District SECTION 10: VIRGIL COMMUNITY ZONING DISTRICT The provisions of the Virgil Community Zoning District shall apply to all lands within the Urban Area Boundary established on Schedule C in the Town of Niagara-on-the- Lake s Official Plan and shown on Schedules A-9' and A-14 of this By-law RESIDENTIAL (R1) ZONE In the Virgil Community Zoning District - Residential (R1) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A single detached dwelling b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or a home profession in accordance with Section 6.24 d) A group home in accordance with Section 6.20 e) A public use in accordance with Section f) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (59 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage...33% d) Minimum landscaped open pace...30% e) Minimum front yard setback m (24.6 ft) f) Minimum interior side yard setback m (5 ft) on each side, except where there is no attached garage, the minimum side yard shall be 3.0 m (9.84 ft) on one side. g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum dwelling floor area m 2 ( ft 2 ) j) Maximum building height m (32.8 ft) k) Minimum accessory building yards setback m (5 ft) l) Minimum accessory building exterior side yard setback m (14.76 ft) 10.2 RESIDENTIAL (R2) ZONE In the Virgil Community Zoning District - Residential (R2) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 255

269 Section 10 Virgil Community Zoning District Permitted Uses: a) A single detached dwelling b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or a home profession in accordance with Section 6.23 d) A group home in accordance with Section 6.20 e) A public use in accordance with Section f) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m (49.2 ft) b) Minimum lot area m 2 (5113 ft 2 ) c) Maximum lot coverage...40% d) Minimum landscaped open space...25% e) Minimum front yard setback m (19.69 ft) f) Minimum interior side yard setback m (3.94 ft) on each side, except where there is no attached garage, the minimum side yard shall be 3.0 m (9.84 ft) on one side. g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum dwelling floor area...93 m 2 (1001 ft 2 ) j) Maximum building height m (32.8 ft) k) Minimum accessory building yards setback m (5 ft) l) Minimum accessory building exterior side yard setback m (14.76 ft) 10.3 RESIDENTIAL (R3) ZONE In the Virgil Community Zoning District - Residential (R3) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) A semi-detached dwelling b) A duplex dwelling c) A group home in accordance with Section 6.20 d) A public use in accordance with Section e) Accessory buildings and structures in accordance with Section Zone Requirements: A Semi Detached Dwelling: a) Minimum lot frontage per unit m (35.27 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 256

270 Section 10 Virgil Community Zoning District for an interior lot and m (40.19 ft) for an exterior lot. b) Minimum lot area per unit m 2 ( ft 2 ) c) Maximum lot coverage per unit...33% d) Minimum landscaped open space...30% e) Minimum front yard setback m (19.69 ft) f) Minimum interior side yard setback m (3.94 ft) on each side, except where there is no attached garage, the minimum side yard shall be 3.0 m (9.84 ft) on one side g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum dwelling floor area...93 m 2 (1001 ft 2 ) j) Maximum building height m (32.8 ft) k) Minimum accessory building yards setback m (5 ft) l) Minimum accessory building exterior side yard setback m (14.76 ft) m) Minimum setback of uncovered, unenclosed or covered patio or deck form requires a side yard setback of 0.6 m (2 ft) A Duplex Dwelling: a) Minimum lot frontage m (59.0 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage...33% d) Minimum landscaped open space...30% e) Minimum front yard setback m (24.6 ft) f) Minimum interior side yard setback m (5 ft) g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum dwelling floor area per unit...93 m 2 (1001 ft 2 ) j) Maximum building height m (32.8 ft) k) Minimum accessory building yards setback m (5 ft) l) Minimum accessory building exterior side yard setback m (14.76 ft) 10.4 RESIDENTIAL MULTIPLE (RM1) ZONE In the Virgil Community Zoning District - Residential Multiple (RM1) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) An existing single detached dwelling b) Townhouse dwelling Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 257

271 Section 10 Virgil Community Zoning District c) A triplex dwelling d) A fourplex or quadraplex dwelling e) A bed and breakfast establishment in an existing detached dwelling in accordance with Section 6.5. f) A group home in accordance with Section 6.20 g) Accessory buildings and structures in accordance with Section Zone Requirements: Existing Single Detached Dwelling: In accordance with the provisions of the Residential 2 (R2) Zone, Section Townhouse Dwelling, On-Street: a) Minimum lot frontage per unit m (20.34 ft) for an interior lot and 10.0 m (32.8 ft) for an exterior lot. b) Minimum lot area per dwelling unit m 2 ( ft 2 ) for an interior lot and 300 m 2 ( ft 2 ) for an exterior lot. c) Maximum lot coverage...45% d) Minimum landscaped open space...25% e) Minimum front yard setback m (19.69 ft) f) Minimum interior side yard setback m (5 ft) for end units, except for end units having a height 5.0 m (16.4 ft) or greater, then 1.8m (5.9 ft) shall be provided; further, where no attached garage is provided, the minimum side yard shall be 3.0 m (9.84 ft). No interior side yard is required between the common vertical wall dividing one unit from another. g) Minimum exterior side yard setback m (14.76 ft), except where an entrance to an attached garage faces an exterior side yard, the minimum exterior side yard for the garage shall be 6 m (19.69 ft) h) Minimum rear yard setback m (24.6 ft), except for units having a height of 8.0 m or greater, then 9.0 m (29.53 ft) shall be provided i) Minimum dwelling floor area...80 m 2 ( ft 2 ) j) Maximum building height m (32.8 ft) k) Minimum accessory building yards setback m (1.64 ft) l) Minimum accessory building exterior side yard setback m (14.76 ft) m) Minimum setback of uncovered, unenclosed or covered patio or deck form requires a side yard setback of 0.6 m (2 ft). Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 258

272 Section 10 Virgil Community Zoning District Block Townhouse Dwellings: a) Minimum lot frontage m (100 ft) b) Minimum lot area per unit m 2 ( ft 2 ) c) Maximum lot coverage...35% d) Minimum landscaped open space...30% e) Minimum front yard setback m (24.6 ft) f) Minimum interior side yard setback m (24.6 ft) g) Minimum exterior side yard setback m (24.6 ft) h) Minimum rear yard setback m (24.6 ft) i) Minimum distance between buildings located on the same lot m (9.84 ft) between walls not containing windows to a habitable room, and 9.0 m (29.53 ft) between walls where one wall contains a window to a habitable room, and 15.0 m between walls where both walls contain a window to a habitable room. j) Minimum distance between any townhouse dwelling and a private roadway and parking area m (19.69 ft) k) Minimum dwelling unit area...80 m 2 ( ft 2 ) l) Maximum building height m (32.8 ft) m) Minimum accessory building yards setback m (1.64 ft) n) Minimum setback of uncovered, unenclosed or covered patio or deck form requires a side yard setback of 0.6 m (2 ft) A Triplex Dwelling: a) Minimum lot frontage m (70.54 ft) b) Minimum lot area m 2 ( ft 2 ) c) Minimum lot area per dwelling unit m 2 ( ft 2 ) d) Maximum lot coverage...35% e) Minimum landscaped open space...30% f) Minimum front yard setback m (19.69 ft) g) Minimum interior side yard setback m (14.76 ft) on one side and 1.8 m (5.9 ft) on the other side. h) Minimum exterior side yard setback m (14.76 ft) where an entrance to an attached garage faces an exterior side yard, the minimum exterior side for the garage shall be 6 m (19.69 ft) i) Minimum rear yard setback m (29.53 ft) j) Minimum dwelling unit area...80 m 2 ( ft 2 ) k) Maximum building height m (32.8 ft) l) Minimum accessory building yards setback m (3.94 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 259

273 Section 10 Virgil Community Zoning District A Fourplex or Quadraplex Dwelling: a) Minimum lot frontage m (80.38 ft) b) Minimum lot area m 2 ( ft 2 ) c) Minimum lot area per dwelling unit m 2 ( ft 2 ) d) Maximum lot coverage...35% e) Minimum landscaped open space...20% f) Minimum front yard setback m (24.6 ft) g) Minimum interior side yard setback m (14.76 ft) on one and 1.8 m (5.9 ft) on the other side. h) Minimum exterior side yard setback m (14.76 ft), where an entrance to an attached garage faces an exterior side yard the minimum exterior side for the garage shall be 6 m (19.69 ft). i) Minimum rear yard setback m (29.53 ft) j) Minimum dwelling unit area...80 m 2 ( ft 2 ) k) Maximum building height m (32.8 ft) l) Minimum accessory building yards setback m (3.94 ft) m) Minimum accessory building exterior side yard setback m (24.6 ft) 10.5 RESIDENTIAL MULTIPLE (RM2) ZONE In the Virgil Community Zoning District - Residential Multiple (RM2) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) An apartment building b) A senior citizen apartment building including secondary dwelling units c) Nursing home including secondary dwelling units d) Group home in accordance with Section 6.20 e) Accessory building and structures in accordance with Section Zone Requirements: An Apartment Building: a) Minimum lot frontage m (100 ft) b) Minimum lot area per unit m 2 ( ft 2 ) c) Maximum lot coverage...35% d) Minimum landscaped open space...30% e) Minimum front yard setback m (24.6 ft) f) Minimum interior side yard setback...0 m (19.69 ft), except that where the interior lot line is adjacent to a Residential 1 (R1) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 260

274 Section 10 Virgil Community Zoning District Zone, Residential 2 (R2) Zone or Residential 3 (R3) Zone in the Virgil Community Zoning District, a minimum interior side yard equal to the building height is required, whichever is greater g) Minimum exterior side yard setback m (24.6 ft) h) Minimum rear yard setback m (24.6 ft), except that where the rear lot line is adjacent to a Residential 1 (R1) Zone, Residential 2 (R2) Zone or Residential 3 (R3) Zone in the Virgil Community Zoning District, a minimum rear side yard equal to the building height is required, whichever is greater. i) Minimum distance between buildings located on the same lot m (49.2 ft) j) Minimum dwelling unit area: 1. Bachelor unit...37 m 2 ( ft 2 ) 2. 1 bedroom unit...41 m 2 ( ft 2 ) 3. 2 bedroom unit...69 m 2 ( ft 2 ) 4. 3 bedroom unit...80 m 2 ( ft 2 ) k) Maximum building height m (34.45 ft) l) Minimum accessory building yards setback m (3.94 ft) A Senior Citizen Apartment building and Nursing Home: a) Minimum lot frontage m (100 ft) a) Minimum lot area...2,000 m 2 (21, ft 2 ) b) Maximum lot coverage...50% c) Minimum landscaped open space...30% d) Minimum front yard setback m (24.6 ft) e) Minimum interior side yard setback m (19.69 ft), except that where the interior lot line is adjacent to a Residential 1 (R1) Zone, Residential 2 (R2) Zone or Residential 3 (R3) Zone in the Virgil Community Zoning District, a minimum interior side yard equal to the building height is required, whichever is greater. f) Minimum exterior side yard setback m (24.6 ft) g) Minimum rear yard setback m (24.6 ft), except that where the rear lot line is adjacent to a Residential 1 (R1) Zone, Residential 2 (R2) Zone or Residential 3 (R3) Zone in the Virgil Community Zoning District, a minimum rear side yard equal to the building height is required, whichever is greater. h) Minimum distance between buildings located on the same lot m (49.2 ft) i) Minimum dwelling unit area: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 261

275 Section 10 Virgil Community Zoning District 1) Bachelor unit...37 m 2 ( ft 2 ) 2) 1 bedroom unit...41 m 2 ( ft 2 ) 3) 2 bedroom unit...69 m 2 ( ft 2 ) j) Maximum building height m (34.45 ft) k) Minimum accessory building yards setback m (3.94 ft) l) Minimum accessory building exterior side yard setback m (24.6 ft) 10.6 RESIDENTIAL DEVELOPMENT (RD) ZONE In the Virgil Community Zoning District - Residential Development (RD) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) Existing uses Zone Requirements: a) As existing b) Additions to a existing single detached dwelling shall be in accordance with Section NOTE: This zone is a development zone intending that the lands so zoned shall be developed for residential purposes at a subsequent date. The appropriate zone category shall be established through a zoning By-law amendment VILLAGE COMMERCIAL (VC) ZONE In the Virgil Community Zoning District - Village Commercial (VC) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) An agricultural produce warehouse and/or shipping establishment b) Grocery store c) A convenience store d) A commercial recreation facility e) An art, craft or photography studio f) A commercial school g) A retail store h) An automobile service station Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 262

276 Section 10 Virgil Community Zoning District i) A bank or financial institution j) A business or professional office k) A medical clinic l) A micro-brewery m) A personal service establishment n) A restaurant o) A take-out restaurant p) An outdoor patio restaurant as a secondary use to a restaurant use in accordance with Section 6.36 q) A tavern r) A dry cleaning outlet s) A farm implement dealer t) A coin laundry u) A garden centre v) A hotel w) A motel x) An automobile sales & service establishment y) A gas bar z) A bake shop aa) A building supply outlet bb) A brew your own operation cc) A service establishment dd) A manual or an automatic car wash ee) A fire hall ff) A funeral home gg) A hardware store hh) A church or religious institution ii) A postal outlet jj) A taxi establishment kk) Accessory buildings and structures in accordance with Section 6.1 ll) A residential use in accordance with Section Zone Requirements: Commercial Uses: a) Minimum lot frontage m (49.2 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum lot coverage...50% d) Minimum landscaped open space...20% e) Minimum front yard setback...0 m (0 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 263

277 Section 10 Virgil Community Zoning District f) Minimum interior side yard setback...nil, except that where the interior side yard abuts a residential zone, 4.5 m (14.76 ft) setback is required. g) Minimum exterior side yard setback m (19.69 ft) h) Minimum rear yard setback m (24.6 ft), except that where the rear yard abuts a residential zone, 12.0 m (39.37 ft) is required. i) Minimum building height m (32.8 ft) j) Maximum building height m (34.45 ft) k) Minimum accessory building yards setback m (3.94 ft) l) Minimum accessory building exterior side yard setback m (19.69 ft) m) Outside storage in accordance with Section Automobile sales and service establishment use: a) Minimum lot frontage m ( ft) b) Minimum lot area...1,400 m 2 ( ft 2 ) c) Maximum lot coverage...35% d) Minimum landscaped open space...10% e) Minimum front yard setback m (39.37 ft) f) Minimum interior side yard setback m (24.6 ft), except that where the interior side yard abuts a residential zone, 12.0 m is required. g) Minimum exterior side yard setback m (39.37 ft) h) Minimum rear yard setback m (24.6 ft), except that where the rear yard abuts a residential zone, 12.0 m (39.37 ft) is required. i) Maximum building height m (34.45 ft) j) Minimum accessory building yards setback m (3.94 ft) k) Minimum accessory building exterior side yard setback m (39.37 ft) l) Outside storage in accordance with Section Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Village Commercial (VC) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section 6.6. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 264

278 Section 10 Virgil Community Zoning District 10.8 ENTERPRISE (E) ZONE In the Virgil Community Zoning District - Enterprise (E) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) An assembly hall b) An automobile sales establishment c) An automobile service station d) An automobile parts and accessories sales e) An automobile rental establishment f) An automatic or manual car wash establishment g) A bank or financial institution h) A commercial entertainment establishment i) An existing estate winery j) A farm implement dealership k) A hotel l) A household furnishings store m) A manufacturing establishment n) A motel o) An office complex p) A personal service establishment q) A rental outlet r) A repair service establishment s) A research and development establishment t) A restaurant u) A retail use secondary to a permitted use v) A take-out restaurant w) A warehouse x) A wholesale establishment y) A winery production facility z) A bakery aa) A micro-brewery bb) Accessory buildings and structures in accordance with Section Zone Requirements: a) Minimum lot frontage m ( ft) b) Minimum lot area ha (1 ac) c) Maximum lot coverage...40% Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 265

279 Section 10 Virgil Community Zoning District d) Minimum landscaped open space...20% e) Minimum front yard setback...0 m (0 ft) k) Minimum interior side yard setback m (19.69 ft), except that where the interior side yard abuts a residential zone, 10.0 m (32.8 ft) is required. g) Minimum exterior side yard setback m (32.8 ft) h) Minimum rear yard setback m (39.37 ft), except that where the rear yard abuts a residential zone, 15.0 m (49.2 ft) is required i) Minimum floor area m 2 ( ft 2 ) j) Maximum building height m (34.45 ft) k) Minimum accessory building yards setback m (5 ft) l) Minimum accessory building exterior side yard setback m (32.8 ft) m) Outside storage in accordance with Section Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Enterprise (E) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section INSTITUTIONAL (I) ZONE In the Virgil Community Zoning District - Institutional (I) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) An ambulance service detachment b) A cemetery c) A government office d) An institutional use e) A school f) A library g) A municipal park h) An arena i) A day care centre j) A church or religious institution k) Secondary dwelling unit to a permitted use l) Accessory buildings and structures in accordance with Section 6.1 Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 266

280 Section 10 Virgil Community Zoning District Zone Requirements: a) Minimum lot frontage m (100 ft) b) Minimum lot area...2,000 m 2 (21528 ft 2 ) c) Maximum lot coverage...50% d) Minimum landscaped open space...20% e) Minimum front yard setback m (29.53 ft) f) Minimum interior side yard setback m (24.6 ft) g) Minimum exterior side yard setback m (29.53 ft) h) Minimum rear yard setback m (24.6 ft), except that where the rear yard abuts a residential zone, 12.0 m is required i) Maximum building height m (34.45 ft) j) Minimum accessory building yards setback m (3.94 ft) k) Minimum accessory building exterior side yard setback m (29.53 ft) Buffer Strip: Where the interior side yard or rear lot line of a lot zoned Institutional (I) abuts a residential zone, a strip of land adjacent to the adjoining lot line being a minimum of 3.0 m (9.84 ft) in width shall be used as a buffer strip in accordance with Section OPEN SPACE (OS) ZONE In the Virgil Community Zoning District - Open Space (OS) Zone, no land shall be used and no building or structure shall be used, altered or erected except in accordance with the following uses and provisions: Permitted Uses: a) Conservation management activities and uses b) Public and private parks c) Historic sites d) A private club e) Accessory buildings and structures in accordance with Section 6.1 f) An existing building and structure Zone Requirements: a) Minimum lot frontage...n/a b) Minimum lot area...n/a c) Maximum lot coverage...10% d) Minimum front yard setback m (49.2 ft) e) Minimum interior side yard setback m (24.6 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 267

281 Section 10 Virgil Community Zoning District f) Minimum exterior side yard setback m (49.21 ft) g) Minimum rear yard setback m (49.21 ft) h) Maximum building height m (28.22 ft) i) Minimum accessory building yards setback m (5 ft) ENVIRONMENTAL CONSERVATION ZONE OVERLAY The Environmental Conservation Zone Overlay provides regulations for new development, additions to existing development, and setbacks from each natural feature as listed. For each natural feature, there is a list of permitted uses within the feature and a list of permitted uses adjacent to the feature, along with a number of regulations. These include minimum setbacks, and studies required to determine the effect of development on the natural feature. Where the zoning regulations specify that a use is permitted subject to an Environmental Impact Study (EIS), no new building or structure and no expansion to any existing building or structure shall be permitted unless it has been demonstrated through an EIS that there will be no negative impact on the adjacent natural feature Wetland Permitted Uses: a) Conservation management activities and uses subject to an environmental impact study (EIS). b) Permitted uses adjacent to a wetland: 1) Existing public and private parks 2) Existing dwellings, buildings and structures 3) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS). 4) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS). 5) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) 6) Infrastructure Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 268

282 Section 10 Virgil Community Zoning District Zoning requirements: a) Within 120 m of the edge of the features, an EIS is required to determine the minimum setback. b) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) Water Feature Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS). b) Public boat launch and dock, subject to an environmental impact study (EIS) c) Existing private boathouses and docks. d) Permitted uses adjacent to Water Feature 2: 1) Existing dwellings, buildings and structures. 2) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) 3) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) 4) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) 5) Infrastructure Zoning requirements: a) Within 30 m of the edge of the feature an EIS is required to determine the required minimum setback, with a minimum setback no less than 15 m is required. A narrower buffer may be considered where the EIS has demonstrated it will not harm fish or fish habitat. b) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) Regional Environmental Conservation Area Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS) b) Existing public and private parks c) Public boat launch and dock, subject to an environmental impact study (EIS) d) Existing private boathouses and docks Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 269

283 Section 10 Virgil Community Zoning District e) Existing dwellings, buildings and structures f) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) g) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) h) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) i) Infrastructure Zoning requirements: a) Within 50 m of the edge of the conservation area, an EIS is required to determine the minimum setback b) A single detached dwelling is permitted within a significant woodland on existing lots of record, but will require an environmental impact study (EIS) and clearance from the Niagara Peninsula Conservation Authority (NPCA). c) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) NPCA Regulation Area Development subject to NPCA approval Water body Permitted Uses: a) Conservation management activities and uses, subject to an environmental impact study (EIS) b) Public boat launch and dock, subject to an environmental impact study (EIS) c) Existing private boathouses and docks d) Infrastructure e) Permitted Uses adjacent to a water body: 1) Existing public and private parks 2) Existing dwellings, buildings and structures 3) Expansions to existing dwellings, building and structures, subject to an environmental impact study (EIS) 4) Existing accessory buildings and structures in accordance with Section 6.1, including expansions, subject to an environmental impact study (EIS) 5) Single detached dwelling and accessory buildings on existing lots of record subject to clearance from the Niagara Peninsula Conservation Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 270

284 Section 10 Virgil Community Zoning District Authority (NPCA) 6) Infrastructure Zoning requirements: a) Development subject to clearance from the Niagara Peninsula Conservation Authority (NPCA) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 271

285 Section 10 Virgil Community Zoning District SITE SPECIFIC EXCEPTIONS Niagara Stone Road, Pallek Estates See Schedule A-14 (R1-1, RM1-1, VC-1 & OS-1) Notwithstanding the provisions of the Residential (R1) Zone, Residential Multiple (RM1) Zone, Village Commercial (VC) Zone and Open Space (OS) Zone, lands known as the Pallek Farm Subdivision identified as (R1-1), (RM1-1), (VC-1) and (OS-1) on Schedule A-14 and shown on Figure F below, the following permitted uses and zone requirements shall apply: R1-1 Permitted Uses: a) Single detached dwellings b) Bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or home profession in accordance with Section 6.24 d) Accessory structures in accordance with Section R1-1 Zone Requirements (Plan 30M-304): a) Maximum number of dwelling units b) Minimum lot frontage...13 m (39.37 ft) c) Minimum lot area m 2 ( ft 2 ) d) Minimum lot depth...32 m (105 ft) e) Minimum rear yard width for lots in Part m (40.02 ft) f) Minimum lot area for lots in Part m 2 ( ft 2 ) g) Minimum lot depth for lots in Part m (105 ft) h) Minimum rear yard width for lots in Part m (59 ft) i) Minimum lot depth for lots in Part m ( ft) j) Minimum lot area for lots in Part m 2 (8708 ft 2 ) k) Maximum lot coverage: 1) For lots with an area of 668.8m 2 or more...28% 2) For lots with an area of m 2 to m % 3) For lots with an area of m 2 to m % 4) For lots with an area of m 2 to m % 5) For lots with an area of 405 m 2 to m % l) Minimum front yard setback...6 m (19.69 ft) m) Minimum interior side yard setback m (4.0 ft) n) Minimum interior side yard setback for lot identified as Part m o) Minimum exterior side yard setback m p) Minimum exterior side yard setback for lot identified as Part m (7.0 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 272

286 Section 10 Virgil Community Zoning District q) Minimum rear yard setback m (25 ft) r) Maximum building height to peak of roof m for lots 12, 13, 18-40, 43, 44, 46-52, 54, 55, , and 8.53 m (28.0 ft) for all other lots s) Minimum landscaped open space...35% of the lot area t) Minimum parking space requirement...1 space/unit. A garage may extend a maximum of 1.83 m (6.0 ft) beyond the front face of the dwelling provided the garage does not exceed 55% of the front face of the dwelling and that the front face of the dwelling includes a fully covered porch across the remainder of the dwelling face or the foremost front face of the first floor of living space, where there is no covered porch for lots 12-40, 43, 44, 46-52, 54, 55, 66-78, , For all other lots, 1 space per unit located behind the front face of the dwelling. A garage shall not be permitted to extend beyond the front face of the dwelling RM1-1 Permitted Uses: a) On-street townhouse dwelling units b) Block townhouse dwelling units c) Accessory structures RM1-1 Zone Requirements for on-street townhouse dwelling units: a) Maximum number of dwelling units...98 b) Minimum lot depth...31 m (101.7 ft) c) Maximum number of attached units...8 d) Minimum lot frontage per unit...10 m (32.8 ft) e) Minimum lot area per unit m 2 ( ft 2 ) f) Minimum front yard setback...6 m (19.69 ft) g) Minimum side yard setback for end units* m (3.94 ft) h) Side yard setbacks for common walls m (0 ft) i) Minimum rear yard setback m (25 ft) j) Minimum unit area m 2 ( ft 2 ) k) Maximum lot coverage...45% l) Maximum building height m (28.0 ft) to peak of the roof m) Minimum landscaped open space...35% n) Accessory building height m (14.76 ft) o) Minimum parking requirement...1space/unit which shall be located behind the front yard setback * For the purposes of this Section an end unit means the unit at the end of a block Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 273

287 Section 10 Virgil Community Zoning District of units that does not abut a public street RM1-1 Zone Requirements for block townhouse dwelling units: a) Minimum lot frontage onto a public road for access...15 m (49.2 ft) b) Minimum lot area ha (1.24 ac) c) Maximum number of connected townhouse units...8 units d) Maximum density...25 units/ha (61.7 units/ac) e) Minimum setback from any property line except for end units m (25 ft) f) Side yard setbacks for common walls m (0 ft) g) Minimum distance between end units* m (9.84 ft) h) Minimum end unit setback m (9.84 ft) i) Minimum unit area m 2 ( ft 2 ) j) Maximum lot coverage...45% k) Maximum building height to the peak of the roof m (28.0 ft) l) Minimum landscaped open space...35% m) Accessory building height m (14.76 ft) n) Minimum parking requirement spaces/unit Steps, Porches, Verandas, Patios and Decks: a) An unenclosed porch, or veranda may encroach into a required front or exterior side yard setback a maximum distance of 2.0 m (6.56 ft); b) Steps shall be permitted to encroach into any yard except that in a front, or exterior side yard they shall not be more than 1.8 m (5.9 ft) above grade; c) Patios and decks not more than 0.5 m (1.64 ft) above grade are permitted to encroach into any exterior side or rear yard; d) Patios and decks of a height greater than 0.5 m (1.64 ft) but less than 2.0 m (6.56 ft) are permitted to encroach into a required rear yard to a maximum of 4 m (13.12 ft) VC-1 Zone Requirements a) Minimum front yard setback m (0 ft) b) No parking spaces are required for apartments on the second floor OS-1 Permitted Uses: a) Public park b) Storm water management facility Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 274

288 Section 10 Virgil Community Zoning District Figure F: Pallek Estates Line 2 Road Hunter Farm Subdivision See Schedule A-14 (R1-2, RM1-2 & OS-2) Notwithstanding the provisions of the Residential (R1) Zone, Residential Multiple (RM1) Zone and Open Space (OS) Zone, for lands knows as the Hunter Farm Subdivision identified as R1-2, RM1-2 and OS-2 on Schedule A-14, the following permitted uses and zone requirements shall apply: R1-2 Permitted Uses: a) A single detached dwelling unit b) A bed and breakfast establishment in accordance with Section 6.5 c) A home occupation or home profession in accordance with Section 6.24 d) Accessory buildings and structures in accordance with Section R1-2 Zone Requirements: a) Minimum lot frontage m (34.12 ft) b) Minimum lot depth m (100 ft) c) Minimum interior side yard setback m (3 ft) d) Minimum exterior side yard setback m (9.0 ft) e) Minimum lot area m 2 ( ft 2 ) f) Maximum lot coverage...35% Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 275

289 Section 10 Virgil Community Zoning District g) Maximum building height to peak of roof m (30 ft) RM1-2 Permitted Uses: a) Townhouse dwelling units b) Accessory buildings and structures RM1-2 Zone Requirements: a) Minimum lot frontage per unit m (24.6 ft) b) Minimum lot frontage of townhouse block m (29.53 ft) c) Minimum lot depth...32 m (105 ft) d) Minimum lot area m 2 ( ft 2 ) e) Maximum lot coverage...65% f) Maximum building height to peak of roof m (30 ft) g) Minimum interior side yard setback (common wall) m (0 ft) h) Minimum end unit side yard setback m (5 ft) OS-2 Permitted Uses are limited to: a) Public park b) Storm water management facility Parking Requirements: a) 2 spaces/dwelling unit where the unit fronts onto a public street; b) 2.5 spaces/dwelling unit where the unit is in a block development; and c) A stacked parking space in a driveway shall be considered as a parking space. Not more than two (2) parking spaces in a driveway shall constitute required parking Line 2 Road The Vineyards Subdivision See Schedule A14 (R1-3 & OS-3) Notwithstanding the provisions of the Residential (R1) Zone and Open Space (OS) Zone, for lands known as the Vineyards Subdivision identified as (R1-3) and (OS-3) on Schedule A-14, the following permitted uses, prohibited uses and zone requirements shall apply: R1-3 Permitted Uses: a) A single detached residential dwelling b) A home occupation or home profession in accordance with Section 6.24 b) Accessory buildings and structures in accordance with Section 6.1 Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 276

290 Section 10 Virgil Community Zoning District R1-3 Prohibited Uses: a) A bed and breakfast establishment R1-3 Zone Requirements: a) Minimum lot frontage on a public street or private road...12 m (39.37 ft) (Note: For setback purposes a private road shall be regarded the same as a public road.) b) Minimum lot depth...30 m c) Maximum lot depth for lots 37, 43, & 49, Plan 30M m (52.49 ft) a) Minimum lot area...360m 2 d) Maximum lot coverage (includes bay windows/cantilevered walls)...37% e) Minimum front yard setback of a dwelling m (9.84 ft) f) Minimum front yard setback of an attached garage...6 m (19.69 ft) g) Minimum interior side yard setback m (3.28 ft) h) Minimum exterior side yard setback of a dwelling m (9.84 ft) i) Minimum exterior side yard setback of an attached garage...6 m (19.69 ft) j) Minimum rear yard setback m (25 ft) k) Minimum accessory building rear yard setback m (3.28 ft) l) Maximum building height (to roof ridge) m (29.86 ft) m) Minimum privacy area* setback m (24.93 ft) (* One required per lot. May be located in a side or rear yard.) n) Minimum building setback from east boundary identified as Lots 5, 10, 15, 20, 25, 31, 37, 43 & 49 on 30M m (9.84 ft) Notwithstanding Section 6.44 Permitted Yard Projections and Encroachments, the following provisions shall apply: a) A bay or box window may project 0.61 m (2 ft) into a required front or rear yard. b) An unenclosed and uncovered porch, deck, patio, balcony or steps may project a maximum of 3.81 m (12.5 ft) into a required rear yard OS-3 Permitted Uses: a) Landscaping b) Buildings and structures accessory to a single detached dwelling unit OS-3 Zone Requirements: a) Lands in the abutting zone shall not be used in the calculation of lot area, lot depth or building coverage for any use. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 277

291 Section 10 Virgil Community Zoning District Frontage on a public street shall not apply to those lands in the Vineyards Subdivision Concession 4 Road, Somerset Subdivision See Schedule A-14 (R1-4) Notwithstanding the provisions of the Residential (R1) Zone, for lands known as the Somerset Subdivision identified as R1-4 on Schedule A-14, the following zone requirements shall apply: Zone Requirements: a) Minimum lot frontage m (46.59 ft) b) Minimum lot depth m (105 ft) c) Minimum lot area m 2 ( ft 2 ) d) Maximum lot coverage...40% for lots less than the m 2 (7200 ft 2 ) and 33% for lots m 2 (7200 ft 2 ) and larger. e) Front yard setback m (19.69 ft) f) Interior side yard setback m (5 ft) g) Exterior side yard setback m (14.76 ft) h) Rear yard setback m (24.6 ft) i) Maximum number of dwelling units Niagara Stone Road (Roll #14-233) See Schedule A-14 (VC-5) Notwithstanding the provisions of the Village Commercial (VC) Zone, for the lands identified as (VC-5) on Schedule A-14, the following special provisions shall apply: Permitted Uses: a) Retail store b) Bank or other financial institution c) Business or professional office d) Restaurant / eating establishment e) Motor vehicle sales and service f) Service station Zone Requirements: a) Minimum building setback from existing top of bank m (10 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 278

292 Section 10 Virgil Community Zoning District Concession 4 Road (Roll # ) See Schedule A-14 (R1-6) & (R1-6A) Notwithstanding the provisions of the Residential (R1) Zone, the lands identified as (R1-6) & (R1-6A) on Schedule A-14, the following special provisions shall apply: Zone Requirements: a) R1-6 1) Minimum front yard setback m (33ft.) b) R1-6A 1) Minimum front yard setback m (33ft.) 2) Minimum interior side yard setback m (12ft.) Oak Meadows Subdivision, 1272 Niagara Stone Road, See Schedule A- 14 (R1-7) & (OS-7) Notwithstanding the provisions of the Residential (R1) Zone and the Open Space (OS) Zone for lands identified as R1-7 & OS-7 on Schedule A-14, the following special provisions shall apply: R1-7 Permitted Uses: a) 23 single detached dwellings R1-7 Zone Requirements: a) Minimum lot frontage m (27.85 ft) b) Minimum lot area m 2 (6,028 ft 2 ) c) Minimum lot depth m (98.5 ft) d) All buildings and structures...15 m (49.2 ft) from top of bank e) Lots fronting on the Niagara Stone Road: 1) Minimum front yard setback m (35.2 ft) 2) Minimum side yard setback for accessory buildings m (1.0 ft) f) For lots 19, 20, 21, 22 and 23 as set out in 30M-345 lot frontage shall be Niagara Stone Road for the purposes of determining lot setback requirements and the front yard shall be that yard adjacent to Niagara Stone Road OS-7 Permitted Uses: a) No buildings or structures Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 279

293 Section 10 Virgil Community Zoning District Vineyards Annex Subdivision, Line 2 Road See Schedule A-14 (R1-8) Notwithstanding the provisions of the Residential (R1) Zone for lands known as the Vineyards Annex Subdivision identified as (R1-8) on Schedule A-14, only the following special provisions shall apply: Permitted Uses: a) One (1) single detached residential dwelling per subdivision lot b) Buildings and structures accessory to the residential use c) A home occupation as defined in Section Prohibited Uses: a) Bed and breakfast establishment as per Section Public Street Frontage Required as per Section 6.45 of this By-law, shall not apply to the lands identified on Schedule A-14 (R1-8) For the purposes of this By-law the front lot line means: a) In the case of an interior lot, the lot line that divides the lot from the street b) In the case of a lot that fronts on more than one street, the shorter lot line abutting the street unless each lot line is of equal length, in which case the front lot line shall be the lot line onto which the principal means of access is provided. c) In the case of a corner lot on a single street the shortest lot line abutting the street shall be considered the front lot line and the longer lot line abutting the street shall be considered the exterior lot line for the purpose of establishing setbacks Zone Requirements: a) Minimum lot frontage* m (39.37 ft) b) Minimum lot frontage* for lots 52 to 57 on 30M m (29.53 ft) c) [*on a public street or a private road] d) Minimum lot depth m (98.4 ft) e) Minimum lot depth for lots 42 to 51 on 30M m (90.9 ft) f) Minimum lot area m 2 ( ft 2 ) g) Maximum lot coverage for lot areas less than 668.8m 2 (7,200ft) **...37% h) [**37% lot coverage may be increased to 40% where the area of increase is used for attached covered and unenclosed porches] i) Maximum lot coverage for lot areas of 668.8m 2 (7,200 ft 2 ) or greater...33% j) Minimum front yard setback of a dwelling m (9.8 ft) Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 280

294 Section 10 Virgil Community Zoning District k) Minimum front yard setback for attached garage m (19.69 ft) l) Minimum front yard setback of a dwelling and attached garage from Line 2 Road for lot 1 on 30M m (32.8 ft) m) Minimum exterior side yard setback of a dwelling for Lots 17 & 25 on 30M m (8.2 ft) n) Minimum exterior side yard setback of an attached garage...6 m (19.69 ft) o) Minimum interior side yard setback m (3.28 ft) p) Minimum exterior side yard setback of a dwelling m (9.84 ft) q) Minimum rear yard setback m (24.6 ft) r) Maximum building height (to peak of roof) m (29.86 ft) s) Minimum accessory building setback from westerly property line for lots 42 to 51 on 30M m (3.28 ft) t) Minimum accessory building exterior side yard setback m (9.8 ft) u) Minimum number of visitor parking spaces v) Minimum front yard setback for visitor parking spaces...0 m (0 ft) Note: For setback purposes a private road shall be regarded the same as a public road Notwithstanding Section 6.44 Permitted Yard Projections and Encroachments of this By-law, the following provisions shall apply: a) An unenclosed and uncovered porch, deck, balcony, patio or steps may project a maximum of 3.81 m (12.5 ft) into a required rear yard except for lots 1 through 6. b) A bay or box window may project 0.61 m (2 ft) into a required front or rear yard Parking requirements for a home occupation are as per Section 6.39 Parking Space Requirements Concession 4 Road & Bianca Drive See Schedule A-14 (R1-9) Notwithstanding the provisions of the Residential (R1) Zone, only the following shall apply to those lands identified as R1-9 on Schedule A-14 : Zone Requirements for Lot fronting Bianca Drive: a) Minimum lot area m 2 (5,231 ft 2 ) b) Minimum lot frontage m (47.0 ft) c) Minimum lot depth m (111.0 ft) d) Maximum lot coverage...40% Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 281

295 Section 10 Virgil Community Zoning District e) Minimum front yard setback m (19.69 ft) f) Minimum side yard setback m (5 ft) g) Minimum rear yard setback m (24.6 ft) Zone Requirements for Lot fronting Concession 4 Road: a) Minimum rear yard setback of existing dwelling m (15.65 ft) b) Minimum rear yard setback for new dwelling m (25 ft) Four Mile Creek Road (Enns Estate Condominium) Roll # & ; and 1650 Four Mile Creek Road See Schedule A-14 (R1-10), (R1-10A) & (OS-10) Notwithstanding the provisions of the Residential (R1) Zone and the Open Space (OS) Zone, for lands identified as (R1-10) and (OS-10) on Schedule A-14, only the following provisions shall apply: Prohibited Uses: a) Bed and breakfast establishment as per the provisions of Section 6.5 and / or a home occupation as defined in Section OS-10 Permitted Uses: a) No structural development is permitted R1-10 & OS-10 Zone Requirements: a) Minimum lot area of development ha (3.03 ac) b) Maximum total lot coverage for development...25% R1-10 Zone Requirements for: a) Maximum number of single detached dwelling units for development...17 b) Minimum lot frontage per unit m (39.4 ft) c) Minimum lot depth per unit m (81.0 ft) d) Minimum lot area per unit...295m 2 (3,175.5 ft 2 ) e) Maximum building height (to peak of roof)...10 m (32.8 ft) f) Maximum number of storeys...1 with optional loft g) Minimum front yard setback from property line m (2.6 ft) h) Minimum interior side setback m (3.94 ft) on one side and 0.3 m (0.98 ft) on the other side. i) Minimum distance between dwelling units m (5 ft) j) Minimum rear yard setback m (25 ft) k) Minimum visitor parking spaces...4 spaces Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 282

296 Section 10 Virgil Community Zoning District l) All structural development must be setback a minimum of 7.62 m (25 ft) from the existing top of bank. Note: Accessory buildings and fences between dwellings are not permitted Notwithstanding Section 6.44 Permitted Yard Projections and Encroachments of this By-law, the following provisions shall apply to R1-10: a) Cantilevered windows are permitted to encroach into a 1.2 m (3.94 ft) interior side setback a maximum of 0.35 m (1.14 ft) b) Eaves and gutters are permitted to encroach in a 0.3 m (0.98 ft) interior side yard a maximum distance of 0.3 m (0.98 ft) c) An enclosed and uncovered porch, deck, patio or steps can encroach a maximum distance of 1.8 m (5.9 ft) into the required rear yard for Lots 1, 2, 3 and 4 of Niagara North Vacant Land Condominium Plan No Public Street Frontage Required as per Section 6.45 of this By-law, shall not apply to the lands identified on Schedule A-14 (R1-10) Notwithstanding Section 6.45, those lots shown as R1-10 on Schedule A- 14 shall be considered to have frontage on a public road, being the interior private roadway for the purpose of setback requirements R1-10A Zone Requirements for 1650 Four Mile Creek Road: a) Minimum lot frontage m (47.57 ft) b) Minimum lot depth m (100 ft) c) Minimum lot area m 2 (4, ft 2 ) d) Maximum lot coverage...40% e) Minimum front yard setback m (19.69 ft) f) Minimum front yard setback to covered porch m (18 ft) g) Minimum rear yard setback to covered porch m (20.3 ft) Four Mile Creek Road See Schedule A-14 (VC-11) Notwithstanding the provisions of the Village Commercial (VC) Zone for lands identified as (VC-11) on Schedule A-14', only the following provisions shall apply: Additional Permitted Uses: a) A shopping centre, as defined in Section Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 283

297 Section 10 Virgil Community Zoning District Zone Requirements: a) Minimum lot depth m (165 ft) b) Minimum front yard setback m (35 ft) c) Minimum interior side yard setback m (0.66 ft) The provisions of Section 6.27, Loading Spaces Requirements, shall not apply Niagara Stone Road, Block 26, Plan 30M-345 (W side of Bright Drain, extension of Oak Meadows Development) See Schedule A-14 (R1-12) & (OS-12) Notwithstanding the provisions of the Residential (R1) Zone and the Open Space (OS) Zone, for lands identified as R1-12 and OS-12 on Schedule A-14 and shown on Figure F below, the following provisions shall apply: R1-12 Permitted Uses: a) A single detached dwelling R1-12 Zone Requirements: a) Minimum lot frontage for Parts 2, 3 & m (55.77 ft) b) Minimum front yard setback m (35.2 ft). For Parts 2, 3 and 4, an attached garage shall not project beyond the front face of the dwelling except: 1) Where a side entry attached garage is provided the garage may project beyond the front face of the dwelling a maximum distance of 6.71 m (22 ft) 2) Where an attached front entry garage is provided the garage may project beyond the front face of the dwelling provided the garage only occupies forty five per cent (45 %) of the front face of the dwelling and that a 3.66 m (12 ft) covered front porch across the front of the dwelling is provided that projects an equal distance as the garage. c) Minimum interior side yard setback: 1) Parts 2, 3 & m (5 ft) on each side except where there is no attached garage the minimum side yard shall be 3 m (9.8 ft) on one side. 2) Part 1 NW Side Yard m (5 ft) 3) Part 1 NE Side Yard...10 m (32.8 ft) from top of bank on Part 5 4) Maximum building height m (35 ft) measured to peak Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 284

298 Section 10 Virgil Community Zoning District of roof 5) Minimum lot area m 2 (9,104.4 ft 2 ) OS-12: Open Space (EC) Zone OS-12 Permitted Uses: a) No development permitted, including accessory buildings, and/or site alteration OS-12 Zone Requirements: a) No structural development within 6.0 m (19.69 ft) from the top of bank of Bright Drain Part 1 and 4 shown on the attached schedule shall be exempt from Section 6.45 Public Street Frontage Required. Notwithstanding Section 5.262, definition of a lot, Part 1 and 4 lots shown on the attached Schedule shall be considered to have frontage on a public road being Niagara Stone Road for the purpose of setback requirements and lot frontage requirements. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 285

299 Section 10 Virgil Community Zoning District Figure F: Block 26, Plan 30M-345, Niagara Stone Road Line 2 Road (Gates of Virgil) See Schedule A-14 (R1-13 & RM1-13) Notwithstanding the provisions of the Residential (R1) Zone and the Residential Multiple (RM1) Zone, for lands identified as R1-13 and RM1-13 on Schedule A- 14, the following provisions shall apply: Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 286

300 Section 10 Virgil Community Zoning District R1-13: Residential (R1) Zone Zone Requirements: a) Maximum number of dwelling units...23 b) Minimum lot frontage...16 m (52.5 ft) c) Minimum lot area...600m 2 (6,458.6 ft 2 ) d) Minimum lot depth...35 m (114.8 ft) e) Maximum building height to peak of roof for lots 1 to m (30 ft) f) Maximum building height to peak of roof for lots 9 to m 35 ft) g) Maximum lot coverage lots 1 to 8 as shown on 30M % h) Maximum lot coverage lots 9-23 as shown on 30M % i) Minimum front yard setback...6 m (19.68 ft) j) Minimum interior side yard setback m (3.94 ft) k) Maximum number of stories RM1-13: Notwithstanding the provisions of the Residential Multiple (RM1) Zone, uses shall be limited to row house (townhouse) dwellings and structures accessory thereto, and subject to the following Zone Requirements: a) Minimum lot area ha (0.7 ac) b) Minimum lot frontage onto public road for access m (60 ft) c) Maximum number of dwelling units...8 d) Minimum front yard setback from Sorensen court m (19.69 ft) e) Minimum front yard setback from private road m (11.48 ft) f) Minimum front yard setback from garage to private road m (19.69 ft) g) Minimum side yard setback m (9.84 ft) h) Side yard setbacks for common walls...0 m (0 ft) i) Minimum distance between end units [for the purposes of this By-law an end unit means the unit at the end of a bock of units that does not abut a public street] m (9.8 ft) j) Maximum building height to peak of roof m (30 ft) k) Maximum total lot coverage...40% l) Minimum dwelling unit area...102m 2 (1,097.9 ft 2 ) m) Minimum landscaped open space...35% of the townhouse block, identified as RM1-13 on Schedule A-14 n) Minimum parking requirement spaces / unit Public street frontage required as per Section 6.45 of this By-law, shall not apply to individual units on the lands identified as RM1-13 on Schedule A- 14. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 287

301 Section 10 Virgil Community Zoning District Notwithstanding the provisions of this By-law, a bed and breakfast establishment as defined in Section 6.5, a cottage or season residential dwelling as defined in Section 5.114, and a home occupation as defined in Section 6.24 may be permitted as a secondary use to a single detached dwelling provided that the associated lot meets the minimum lot size provisions for a residential (R1) zone in the Comprehensive Zoning By-law for lands identified as R1-13 on Schedule A Line 2 Road See Schedule A-14 (RM1-14) Notwithstanding the provisions of the residential multiple (RM1) zone, for lands identified as RM1-14 on Schedule A-14, the following special provisions shall apply: Zone requirements: a) Minimum lot area ha (2.4 ac) b) Minimum lot frontage from public road...9 m (29.53 ft) c) Minimum site frontage per townhouse unit m (24.6 ft) d) Maximum total lot coverage of development...34% e) Minimum total landscaped area of development...30% of lot area f) Maximum number of dwelling units...55 dwelling units to be comprised of 11 townhouses units and 44 multiple dwelling units. g) Minimum setback from northerly and southerly block boundary m (25 ft) h) Minimum front yard setback from private road for townhouse unit m (19.69 ft) i) Minimum interior side yard setback for apartment building m (5 ft) l) Maximum building height of apartment buildings...13 m (42.7 ft) to peak m) Maximum building height of townhouses m (30.0 ft) to peak n) Minimum number of parking spaces Niagara Stone Road - Block 115 (1585 Niagara Stone Road) See Schedule A-14 (VC-15) Notwithstanding the provisions of the Village Commercial (VC) Zone, for lands identified as VC-15 on Schedule A-14, the following special provisions shall apply: Permitted Uses: a) Shopping centre Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 288

302 Section 10 Virgil Community Zoning District Zone Requirements: a) Minimum front yard setback m b) No parking spaces are required for apartments on the second floor Niagara Stone Road Glenbrook Townhomes (Roll #14-187) See Schedule A-14 (RM1-16) Notwithstanding the provisions of the Residential Multiple (RM1) Zone, for lands identified as RM1-16 on Schedule A-14, only the following uses shall apply: Permitted Uses: a) Row house dwellings with a maximum number of thirty two (32) units Zone Requirements: a) Maximum building height m (26 ft) b) Minimum building setback from all property lines m (30 ft) Niagara Stone Road, Parkway Place (Roll #14-066) See Schedule A-14 (RM1-17) & (OS-17) Notwithstanding the provisions of the Residential Multiple (RM1) Zone, for lands identified as RM1-17 and OS-17 on Schedule A-14, the following special provisions shall apply: Zone Requirements: a) Maximum number of units...18 b) Maximum building height m (25 ft) c) Maximum lot coverage...33% d) Minimum building setbacks as per Niagara North Condo Plan Line 1 Road See Schedule A-14 (R1-18) & (OS-18) Notwithstanding the provisions of the Residential (R1) Zone, and the Open Space (OS) Zone, for lands identified as R1-18 and OS-18 on Schedule A-14, the following provisions shall apply: Residential (R1) Zone Setback Requirements: a) All setback and coverage requirements will be based on the boundaries of the portion of the property identified as R1-18 on Schedule A Open Space (OS) Zone Permitted Uses: a) There shall be no structural development, no removal of riparian vegetation Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 289

303 Section 10 Virgil Community Zoning District and no dumping of fill or material on these lands Niagara Stone Road See Schedule A-14 (R1-19) & (OS-19) Notwithstanding the provisions of the Residential (R1) Zone and the Open Space (OS) Zone for lands identified as R1-19 & OS-19 on Schedule A-14, the following special provisions shall apply: Zone Requirements Residential (R1) Zone: a) Minimum lot depth m (93.5 ft) b) Minimum front yard setback of dwelling m (9.84 ft) Permitted Uses Open Space (OS) Zone: a) No structural development is permitted on the lands identified as OS-19 on Schedule A Zone Requirements Open Space (OS) Zone: a) Minimum setback for buildings and structures from the lands identified as OS-19 on Schedule A-14 is 7.62 m (25 ft) Concession 4 Road, Virgil Square Subdivision See Schedule A-14 (R1-20) Notwithstanding the provisions of the Residential (R1) Zone for lands identified as R1-20 on Schedule A-14, the following special provisions shall apply: Zone Requirements: a) Minimum lot frontage m (46.59 ft) b) Minimum lot depth m (105 ft) c) Minimum lot area m 2 (5, ft 2 ) d) Maximum lot coverage...40% for lots less than 688 m 2 ( ft 2 ) and 33% for lots 688 m 2 ( ft 2 ) and larger. e) Minimum front yard setback m (19.69 ft) f) Minimum interior side yard setback m (5 ft) g) Minimum exterior side yard setback m (14.76 ft) h) Minimum rear yard setback m (24.6 ft) i) Maximum number of dwelling units Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 290

304 Section 10 Virgil Community Zoning District Four Mile Creek Road See Schedule A-9 (R1-21) & (R1-21A) Notwithstanding the provisions of the Residential (R1) Zone for lands identified as R1-21 & R1-21A on Schedule A-14, the following special provisions shall apply: R1-21 & R1-21A Zone Requirements: a) Minimum lot frontage m (49.2 ft) b) Minimum lot area m 2 ( ft 2 ) c) Maximum height to peak of roof m (28 ft) d) Any attached garage is not permitted to project beyond the front face of the dwelling R1-21 Additional zone requirements: a) Minimum driveway width shall be 2.65 m (8.69 ft) from the southerly interior side lot line. b) Minimum setback from parking area shall be 0 m (0 ft) from the southerly interior side lot line. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 291

305 Section 11 Glendale Community Zoning Di strict Section 11: Glendale Community Zoning District Lands within the urban area boundary of the Glendale Community will maintain their existing zoning as of the date of the passing of this By-law, but will be subject to an amendment following the adoption of the Official Plan Amendment to establish urban form policies to guide development within the Glendale community. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 292

306 Section 12 Agricultural Community Zoning District Section 12: Agricultural Community Zoning District Lands within the rural area boundary of the Agricultural Community will maintain their existing zoning as of the date of the passing of this By-law, but will be subject to a subsequent amendment of the New Comprehensive Zoning By-Law to establish appropriate performance standards for the rural area. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 293

307 Section 12 Agricultural Community Zoning District If no notice of objection is filed with the Clerk within the time provided, this By-Law shall come into force and take effect on the date of passing by the Council of the Corporation of the Town of Niagara-on-the-Lake in accordance with Section 34 of the Planning Act, R.S.O If a notice of objection is filed with the Clerk, this By-Law shall become effective on the date of passing hereof, subject to receiving the approval of the Ontario Municipal Board. READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 27 TH DAY OF JULY 2009 ORIGINAL SIGNED BY LORD MAYOR LORD MAYOR GARY BURROUGHS ORIGINAL SIGNED BY TOWN CLERK TOWN CLERK HOLLY DOWD Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 294

308 Section 12 Agricultural Community Zoning District Zone Schedules Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 295

309 Appendices, Illustrations and Metric/Imperial Conversion Table Appendices Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 296

310 Appendices, Illustrations and Metric/Imperial Conversion Table Table 1: Metric / Imperial Conversion Table (Approximate) Metres Feet Square Metres Square Feet Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 297

311 Appendices, Illustrations and Metric/Imperial Conversion Table Table 2: Metric/Imperial Conversion Table (Approximate) Hectares/Acres Hectares Acres Conversion Factors: Metres to Feet multiply by Square Metres to Square Feet multiply by Hectares to Acres multiply by NOTE: The above tables are for convenience only and do not form part of this By-law. Town of Niagara-on-the-Lake - Comprehensive Zoning By-law July 2009 Page 298

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