MISSISSAUGAS OF THE NEW CREDIT FIRST NATION BY-LAW NO

Transcription

1 MISSISSAUGAS OF THE NEW CREDIT FIRST NATION BY-LAW NO Being a By-law to regulate the use of lands and the location and use of buildings and structures within the Mississaugas of the New Credit First Nation. ************ WHEREAS the Council of the Mississaugas of the New Credit First Nation desires to make a By-law for the regulation of the use of lands and use of building and structures within the Mississaugas of the New Credit First Nation. AND WHEREAS the Council of the Mississaugas of the New Credit First Nation is empowered to make such a by-law, and with respect to any matter arising out of or ancillary to the exercise of the power, and for the imposition of a penalty for a violation thereof, pursuant to paragraphs 81 (1) (g), (h), (q) and (r) of the Indian Act: AND WHEREAS it is deemed expedient to the welfare of the inhabitants of the Mississaugas of the New Credit Indian Reserve No. 40A to regulate and control residential, commercial, and industrial development within the Mississaugas of the New Credit First Nation; NOW THEREFORE the Council of the Mississaugas of the New Credit First Nation hereby enacts the following by-law; SECTION TITLE AND STATUS 1.1 This by-law may be cited as the "Mississaugas of the New Credit First Nation Zoning By-law". 1.2 Pursuant to Section 82(2) of the Indian Act this By-law shall become effective 40 days after a copy has been mailed to the Minister, unless disallowed, or declared in force by the Minister earlier.

2 2-1 SECTION DEFINITIONS In this By-law: A Accessory Building: shall mean any building the use of which is normally incidental to, and subordinate to, the use of the main building or to the principal use of the lot on which such building is located; and such accessory building shall be separate from the main building on the lot on which both are located. Accessory Structure: shall mean any structure the use of which is normally incidental to, and subordinate to, the use of the main building or to the principal use of the main building or to the principal use of the lot on which such building is located; and such accessory structure shall be separate from the main building on the lot on which both are located. Accessory Use: shall mean a use of a building, structure, or lot which is normally incidental to, and subordinate to the principal use of the building, structure, or lot. Agricultural Use: shall mean the use of land for the purpose of growing field crops, berry crops, or tree crops, flower gardening, market gardening, horticultural nurseries, aviaries, apiaries, or farms for the grazing, breeding, raising, boarding or training of livestock, or the breeding and raising of hogs or poultry, and the use of buildings and structures erected on the land which are necessary for and essential to the operation of the business, and including the sale of produce, crops, livestock, hogs, or poultry produced on the said premises. Alteration: shall mean any change in the use of land, or a building or structure; or any change in the area, height, or cubic content of a building or structure. Amenity Space: shall mean space within a building or outside of a building which provides common active and/or passive recreation areas for residents of a residential use.

3 2-2 Amusement Arcade; shall mean a lot and a building or structure, or portion thereof where four or more amusement devices are provided and a fee is charged for their use in any manner whatsoever. Autobody Repair Shop : shall mean a lot and a building, or structure, or portion thereof, used for the repair of damage to a motor vehicle, and includes the reconstruction of motor vehicles, rebuilding, or reconstruction of automobile engines or parts, and the painting of motor vehicles, but does not include an impounding yard, an automobile service state, and automobile gas bar, or a salvage establishment. Automobile Gas Bar: shall mean a lot and a building, or structure, or portion thereof, from which is offered for sale to the general public, gasoline and other fuels for motor vehicles, and accessories for motor vehicles, and may include a gasoline pump island, gasoline pump canopy, and gasoline pump island kiosk, but does not include an automobile service station, a public garage, or an automobile washing facility. Automobile Rental Establishment ; shall mean a lot and a building, or structure, or portion thereof, where motor vehicles and trailers are stored and rented or leased to the public, and may include as an accessory use the repair and service of such vehicles. Automobile Sales Establishment: shall mean a lot and a building, or structure, or portion thereof, where new and/or used motor vehicles are kept for display and sale or hire and may include as an accessory use the repair and service of motor vehicles and the sale of vehicle parts. Automobile Services Station: shall mean a lot and a building, or structure, or portion thereof, from which is offered for sale to the general public, gasoline and other motor vehicle fuels, oil, grease, and accessories for motor vehicles, or where motor vehicles may be oiled or greased, or where minor running repairs essential to the actual operation of motor vehicles are executed or performed, but shall not include an automobile washing facility, or a public garage. Automobile Washing Facility: shall mean a lot and a building, or structure, or portion thereof, used for the washing or cleaning of motor vehicles.

4 2-3 B Basement; shall mean any storey below ground level. Bed and Breakfast_Establishment» shall mean a dwelling unit occupied as the principal residence of a person or persons, in which temporary accommodation is made available to members of the travelling public, and in which meals may be served to those persons. Boarding House; shall mean a lot and a building, or structure, or portion thereof, licensed by the First Nation Band Council wherein the owner or lessee supplies for compensation, with or without meals, lodging to a boarder or boarders as the principal use, and may include an accessory dwelling unit for the owner or caretaker, but shall not include a hotel, motel, a bed and breakfast establishment, or any other residential use. Buffer or Buffering: shall mean a landscaped open space, earth berm, wall, trench, fence, building, structure, or combination thereof. Building: shall mean a structure occupying an area greater than 10.0 m2 consisting of a wall, roof, and floor. Building Height: shall mean the vertical distance from the finished grade level at the base of the building (as illustrated in Appendix A) to:.1 In the case of a flat roof, the highest point of the roof surface or the parapet, whichever is the higher..2 In the case of a mansard roof, to the roof ridge..3 In the case of any other roof, to the mean height between the eaves, and the ridge. Building Inspector: shall mean such person as may be appointed by Council from time to time to act on Council's behalf in the inspection of buildings and structures and enforcement of any applicable, building codes and ordinances of Council. Building Line: shall mean a line within a lot drawn on a horizontal plane parallel to a lot line, establishing the minimum

5 2-4 distance between the said lot line and any building or structure permitted to be erected on the lot. Building Permit: shall mean a permit lawfully issued by the Chief Building Official under the provisions of the Mississaugas of the New Credit First Nation Housing Policy and other adopted provincial or federal regulations. Q Carport: shall mean an accessory roofed building or structure which is not wholly enclosed, designed to be used for the storage of motor vehicles, wherein storage or servicing of such motor vehicles is not conducted for profit. Cemetery î shall mean a cemetery as defined by the New Credit Cemetery Policy. Chief_Building_Official: shall mean such person as may be appointed by Council from time to time to act on behalf of Council in overseeing the inspection of buildings and structures and ensuring the conformance of any such building and structures with any applicable building codes and ordinances of Council. Church: shall mean a place of worship, as defined herein. Commercial Use: shall mean a lot and a building or structure, or portion thereof, used primarily for the sale of goods, merchandise or service, and may include as an accessory use the rental, repair, service or storage of such goods and merchandise, but shall not include an industrial use or residential use. Common Wall: shall mean a wall above the finished grade level, of which 80% or more of its length is constructed for the purpose of separating two or more dwelling units within a dwelling. Council: shall mean the Mississaugas of the New Credit First Nation Band Council. Crisis Residence: shall mean a dwelling unit that is approved by Council and licensed and/or approved for funding under provincial or federal statute for the temporary accommodation of three (3) or more persons (exclusive of staff) living under supervision in a single housekeeping unit who, by reason of their emotional, mental,

6 2-5 social, or physical condition or legal status, require a group living arrangement on an immediate emergency basis for their wellbeing, and in which counselling or support services are provided. A crisis residence in this By-law shall be deemed not to include: a group home, a mini-group home, a group residence, a group correctional home, a group correctional residence, a medical clinic, a boarding house, a foster home, a nursing home, a home for the aged, a retirement home. D Day Nursery? Nurseries Act. shall mean a "day nursery" as defined by the Day Driveway? shall mean that portion of a yard that is used for vehicular access to and from any parking space, traffic aisle, street or loading space. Dwelling: shall mean a building or structure, or part of a building or structure, used in whole or in part, for one or more dwelling units, but shall not include: a boarding house, a crisis residence, a group correctional home, a group correctional residence, a group home, a group residence a home for the aged a mini-group home a hotel or motel a mobile home dwelling a monastery a nursing home a retirement home Dwelling shall mean a building or buildings other than a converted dwelling located on a lot, each containing five or more dwelling units sharing a common hall or halls and common entry.

7 2-6 Dwelling*_Block_Townhousei shall mean a building or group of buildings on a lot or lots, each containing three or more dwelling units, wherein each dwelling unit does not have frontage on a public street and each dwelling unit is separated from the adjacent dwelling unit by vertical party or common walls, and with each dwelling unit having its own entrance and a driveway, private garage, carport or parking area, and sharing common access to a public road. Dwelling. Converted: shall mean a building located on a lot, which building was originally designed to provide one or more dwelling units, and which is altered to create additional dwelling units. Dwelling. Single-Detached: shall mean a building located on a lot containing only one dwelling unit. Dwelling. Unit? shall mean a building or structure, or part of a building or structure, used in whole or in part as a place of dwelling, including without limiting the following: A single apartment within a dwelling, apartment. A single townhouse within a dwelling, block townhouse. A single dwelling within a dwelling, converted. A single detached dwelling. E Enlargeî shall mean any alteration of a building or structure that would increase the area, height, or cubic content of the building or structure. Erect; shall mean to build, construct, reconstruct, locate, relocate, alter, assemble or repair, and shall include any preliminary site preparation, including excavating, filling, grading, or draining of land in connection therewith. Excavate: shall mean the removal of soil, rock, or fill. Existing! By-law. shall mean existing at the date of the passing of this E

8 2-7 Fill: shall mean soil, rock, rubble and other material that is used for the purpose of raising or altering the contours of the ground, but shall not include any toxic or waste material. Finished Grade Level î shall mean the mean elevation of the finished surface of the ground abutting the external wall of the building or structure nearest to a public street, but shall not include any embankment in leu of steps. Food Concession Hut ; shall mean a lot and a building or structure which may be constructed with a frame or chassis so as to be capable of transportation by towing by another vehicle; having a permanent location on a lot, and which is designed exclusively for the preparation of food which is offered directly for sale to the general public, but shall not include a mobile premises, mobile preparation premises, ice cream vending vehicle, or catering vehicle. Fresh Produce Outlet: shall mean a retail store wherein primarily fresh fruit and vegetables are offered for sale but shall not include a supermarket, neighbourhood convenience store, specialty retail store, or grocery store. Funeral Home: shall mean a lot and a building, or structure, or portion thereof, used for the preparation of the dead for burial or cremation and for the viewing of the body, and may include accessory meeting rooms, chapel, or retail sales of related items. Garage: shall mean a wholly enclosed accessory building or structure, designed to be used for the storage of motor vehicles, wherein storage or servicing of said motor vehicles is not conducted for profit. Gasolin*» Pump Island: shall mean a concrete or masonry pad or podium provided as a base for pumps dispensing gasoline or other fuels for motor vehicles. Gasoline Pump Island Canopy: shall mean a pole-supported roof, free of enclosing walls, located over a gasoline pump island. Gross Floor Area (G.F.A.)t shall mean the total area of all floors

9 2-8 in a building, measured from the outside faces of the exterior walls, but exclusive of any part of the building which is used for the following:.1 storage or parking of motor vehicles;.2 storage lockers ;.3 mechanical or electrical equipment rooms providing service to the entire building;.4 common areas, such as stairways and corridors, which serve two or more dwelling units, or two or more uses; and.5 a basement within a single-detached, semi-detached, block townhouse, or street townhouse dwelling. Gross iiflaaahle Area (G.L.A.): shall mean the total area of all floors in a building or part of a building designated for tenant occupancy and the tenants' exclusive use including basements, mezzanines, upper floor areas and integral storage areas, measured from the centre line of joint partitions and from outside wall faces but not including public or common areas, such as parking spaces and parking areas, walls, corridors, stairways, elevators or machine or equipment rooms. Ground Floor Area: shall mean the total horizontal area of the first floor of a building measured from the outside face of the exterior walls, but excluding any part of the building which is used for steps, terraces, cornices, porches, stoops, verandas, or breezeways. Group Home ; shall mean a dwelling unit operated as a single housekeeping unit accommodating, or having the facilities to accommodate, five to ten residents (exclusive of staff) who, by reason of their emotional, mental, social, or physical condition require a group living arrangement under responsible supervision consistent with the requirements of its residents, and the group home is either licensed or funded under Provincial or Federal statute. Any counselling or support services provided in the group home shall be limited to those required by the residents. A group home shall be deemed not to include: a mini-group home, a group residence, a crisis residence, a group correctional home, a group correctional residence, a boarding house, a foster home, a nursing home, a home for the aged, or a retirement home.

10 2-9 H Habitable_Living Space: shall mean any room or enclosed floor space used, or intended to be used, for living, sleeping, cooking, or eating. Habitable Rooms, shall mean a room or enclosed floor space used, or intended to be used, for living, sleeping, cooking or eating purposes, but which shall exclude any space in a dwelling or dwelling unit used as a bathroom, pantry, corridor, hallway, closet, stairway, or lobby. Height; shall mean the vertical distance from the finished grade level of the structure to the highest point of the structure and, for the purpose of this definition, a structure shall include a fence and a freestanding wall. Herein: shall mean "in this By-law" and shall not be limited to any particular section of this By-law. Highway; shall mean any major thoroughfare which connects cities or towns. Commonly referred to as "Highway # " with a specific designation number attached. Home Occupation: shall mean any occupation, trade, profession, business or craft, which is carried on as an accessory use in a dwelling unit, provided that the dwelling unit is the principal residence of the person carrying on the occupation, trade, profession, business or craft. A home occupation shall be deemed not to include a retail store or neighbourhood convenience store or fast food restaurant, full service restaurant or take-out restaurant, or a body rub parlour. I Indian Act: shall mean an Act of the Federal Government, as amended or replaced from time to time, and any regulations thereunder. Industrial Mall: shall mean a lot and a building, or structure, or

11 2-10 portion thereof, or group of buildings designed, developed and managed as a unit in which each building contains two or more suites or spaces each for separate occupancy by a permitted use for which common loading and parking facilities and other common services may be provided. Industry or Industrial Use; shall mean a lot and a building, or structure, or portion thereof, used for manufacturing, recycling, research, wholesale, warehouse, or storage of goods, materials or things, or a combination thereof. L Landscaped Open Space: shall mean space which is unoccupied by buildings and structures above ground level and open to the sky and which shall be comprised of lawn, ornamental shrubs, flowers, or trees, and may include paths, sidewalks, courts, patios, fences, free-standing walls, retaining walls, decks 1.2 m or less in height, and outdoor amenity space accessory to the principal use on the lot, but shall not include any parking area, traffic aisles, driveways, ramps, or open storage. Library: shall mean a public library as defined by the Public Libraries Act. Local Road: shall mean all roads other than a highway, expressway, arterial road, or collector road. Lot: shall mean a parcel of land which as described in a registered deed, certificate of possession, or other legal document capable of conveying land or a parcel of land illustrated as a lot within any registered plan of a subdivision including any of its parts subject to right-of-way or easement. Lot Area: shall mean the total horizontal area within the lot lines of a lot. Lot Coverage: shall mean that percentage of the total lot area covered by the horizontal projection of all buildings and structures at finished grade level, including accessory buildings and structures, and swimming pools in accordance with Section 6.3.s, but shall not include an unenclosed porch, verandah, deck, unenclosed steps, or a ramp for physically disabled persons.

12 2-11 Lot Line; shall mean the boundary of a lot and may include: 1 Lût_Line. Front: shall mean the lot line dividing the lot from the street, or local road and:.1 In the case of a corner lot shall mean the shorter of the two lot lines abutting a street or local road;.2 In the case of a corner lot where the lot line forms a curve, the front lot line shall be the shorter of the two lot lines determined by projecting the two lot lines on the curve and bisecting the angle created therein;.3 In the case of a through lot, the front lot line shall be only one of the lot lines abutting a street as designated by the person administering this By-law; but in no case shall the designated front lot line abut a freeway or expressway..2 Lot Line. Rear: shall mean the lot line or lines opposite the front lot line..3 Lot Line. Interior Side? shall mean any lot line other than the exterior side lot line, front lot line, and rear lot line..4 Lot Line. Exterior Side: shall mean, in a corner lot, the longer of the two lot lines abutting the street or its associated reserve. Lot Width: shall mean the horizontal distance between the side lot lines, measured in a straight line from the points on the side lot lines at the rear extremity of the minimum front yard required in the Zone in which the lot is situated. M Main Building: shall mean the building or buildings, located on a lot in which is conducted the principal use of the lot. Mobile Home Dwellings shall mean a building, comprised of a

13 2-12 separate set of habitable rooms intended and capable of being used for year-round habitation, which is constructed with a chassis and frame so as to be capable of transportation by towing by another vehicle, and said building may contain extensions which are collapsed during transportation, or it might comprise of two or more parts towed separately and joined together on a site to form one building, and shall only be located in a Mobile Home Park as herein defined. Mobile Home Parks shall mean a parcel of land which is capable of accommodating two or more mobile home dwellings together with communal private internal local roads and other services. Motor Vehicle? shall mean a motor vehicle as defined by the Highway Traffic Act of the Province of Ontario. N Neighbourhood Convenience Store: shall mean a lot and a building, structure, or portion thereof, containing a maximum gross floor area of m2, wherein groceries, cosmetics, newspapers, magazines, and other sundries may be separately, or in combination offered for sale directly to the general public, and may include a delicatessen. Non-Compliant Use; shall mean a lot and a building or structure which does not conform to the development regulations established by this By-law. Non-Conforming Use: shall mean a lot and a building or structure which does not conform to the uses permitted by the By-law. Noxious Use? shall mean a use which, from its nature or operation, creates a nuisance, or is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes, dust, or objectionable odour, or by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste, or other material. Nuisance? shall mean any use of property or course of conduct during use of property which interferes with the legal rights of others by causing, damage, annoyance, or other demonstrable forms of inconvenience.

14 2-13 Q office. Genial; shall mean a lot and a building, or structure, or portion^thereof, used as an office or offices for a profession, occupation, craft, non-profit organization, or business, and may include an industrial service office, but shall not include any other use herein defined. Office. Industrial Service; shall mean a general office, or a converted general office, used only by one or more of the following: architect, computer, electronic, or data processing establishment, engineer, data services establishment, industrial designer, interior designer, land surveyor, land use planner, marketing establishment, photocopy shop, real estate appraiser Open Storage: shall mean the leaving, placing, or parking of goods, materials, machinery, equipment, or motor vehicles on a lot and not covered by a structure for a period of more than 72 hours in one calendar month. Owner: shall include all persons shown by the records of the Department of Indian Affairs as the holder of the certificate of possession and shall include the person for the time being managing or receiving the rent for the lot in connection with which the word is used, whether on his own account or as agent or trustee of any other persons, or who would so receive the rent if the lot were l e t. P Park: shall mean an area of land consisting of open space and used primarily for active or passive recreational purposes or as a conservation area, which may include recreational buildings, structures, or facilities including recreation areas, playgrounds, play fields, rinks, walkways, seating areas, picnic areas, community centres, special areas of historic, natural, or architectural significance, public halls, racquet facilities, ski

15 2-14 facilities, pools, and other similar uses, but shall not include an amusement arcade. Permitted Capacity: shall mean the maximum number of persons permitted to occupy a lot, building, or structure, or portion thereof by the application of the Building Code which would govern such capacity. Person: shall include an individual, an association, a chartered organization, a firm, a partnership, or a corporation. Place of shall mean a lot and a building, or structure, or portion thereof, used for the gathering, congregation, or meeting of persons at any one time, but shall not include a place of worship. Place_of Entertainment; shall mean a lot and a building, or structure, or portion thereof, used for a theatre, billiard or pool room, bowling alley, bingo hall, dance hall, tavern, but shall not include an amusement arcade or health club. Place of Worship: shall mean a lot and a building, or structure, or portion thereof, used or intended to be used by any religious organization for public worship, and may include as an accessory use offices, a rectory or manse, hall or public hall, rooms for the holding of meetings or classes for religious instruction, but shall not include a private school, day nursery, or monastery, unless otherwise permitted by this By-law. Planting Strip: shall mean a continuous strip of landscaped open space abutting a lot line which may be interrupted by driveways required for vehicular ingress and egress. Principal Use: shall mean the primary purpose for which a lot, building, or structure is used, or is designed to be used. Public Utility: shall mean the buildings, structures, and other related works necessary for supplying water, sewage, treatment facilities, natural gas, electricity and other like services. Q

16 R 2-15 Recycling or Recycling Use; shall mean an industry which uses, treats, converts, recovers, or recycles wastes as a primary component of its operation, but shall not include a salvage establishment. Residence or Residential Uses shall mean a lot and a building, or structure, or portion thereof, used for the purpose of a dwelling, a boarding house, a hotel, a motel, a mobile home dwelling, a foster home, group home, mini-group home, group correctional home, group correctional residence, group residence, crisis residence, nursing home, home for the aged, retirement home or monastery. Residential Character: shall mean the design and maintenance of buildings so that no evidence is apparent from the exterior that any use not of a residential nature is being conducted therein. Retail Store: shall mean a lot and a building, or structure, or portion thereof, wherein goods, wares, or merchandise are offered for sale or rent, but shall not include an industrial rental establishment, or any other use defined herein, except as an accessory use. s Salvage Establishment: shall mean a lot and a building, or structure, or portion thereof, used for the storage yard of a dealer in obsolete, discarded, or salvaged materials, including motor vehicles, building supplies, and industrial equipment, and the sale thereof, and may include facilities for the administration and management of the business and for the storage and maintenance of equipment used in the business. School. wiwm^nta r y : shall mean an elementary school or any permanent improvements both as defined by the Education Act. School. Post-Secondary: shall mean a University or a College of Applied Arts and Technology established pursuant to the Ministry of Colleges and Universities Act.

17 2-16 SfflbOOlf Public; shall mean a school operated under agreement by the Haldimand Norfolk Board of Education within the Mississaugas of the New Credit First Nation. Schooli_Secondary» shall mean a secondary school or any permanent improvements both as defined by the Education Act. Service_or_Repair Shop? shall mean a lot and a building, or structure, or portion thereof, used for a business which provides installation, repair, or service of goods, commodities, articles, equipment, or materials, and may include an accessory retail store, but shall not include the manufacture of such goods, commodities, articles, equipment, or materials, and shall not include a personal service store, autobody repair shop, or an automobile service station. Shopping Centre: shall mean a lot or lots, and a building or buildings containing at least three individual commercial uses (wherein no more than 30% of the gross leasable area is devoted to general offices, medical clinics, or medical offices), designed, developed, and managed as a comprehensive development for which common loading spaces, parking areas, landscaping areas, and other common facilities may be provided, and which is held in single or multiple ownership and where it is held in multiple ownership of more than one lot, the total area of the properties shall be deemed to be a lot for the regulations of this By-law. Signx shall mean any board, poster, or placard located exterior to a building or structure for the purpose of advertising or conveying identifying information. Storey? shall mean that portion of a building situated between the top of any floor and the top of the floor next above it or, if there is no floor above it, that portion between the top of the floor and the ceiling above it, and shall not exceed 3.5 m. Storey. First: shall mean the storey with its floor closest to the finished grade level and having its ceiling more than 1.8 m above the finished grade level. Structure? shall mean anything that is erected, built or constructed of parts joined together and requiring a foundation to hold it erect and shall include swimming pools, satellite dishes, decks, garbage enclosures, and air-supported structures, but shall not include free-standing walls, fences, hedges, motor vehicles,

18 2-17 lighting poles and standards, flag poles, and television antennae or towers. Supermarket ; shall mean a lot and a building, or structure, or portion thereof, having a gross floor area in excess of 1,000.0 m2 in which primarily food produce is stored, offered, and kept for retail sale and as an accessory use, items or merchandise of day-to day household necessity may be stored, offered, or kept for retail sale but shall not include a retail warehouse, a retail food warehouse, the dispensing of prescription drugs, or the warehousing and retail sale of bulk and volume purchases. n Unit: shall mean a dwelling unit as defined herein. Use(as a verb): shall mean the doing or permitting of anything with respect to any land, building or structure or any part thereof by the owner or occupant of said land, building or structure or part thereof, or by or through any trustee, tenant, agent or servant of such owner or occupant. Use (as a noun): shall mean the purpose for which, or manner in which, land, building, structure or any combination thereof, is designed, arranged, occupied or maintained. V Video Store: shall mean a retail store used for the sale or rental of video tapes and equipment. W Warehouse or Warehouse Use: shall mean an industry whose primary activity consists of the storage and distribution or wholesaling of goods or materials. Warehouse. Public Storage: shall mean a lot and a building or buildings, portions of which are owned or leased by the public for the purpose of storing goods and materials.

19 2-18 Wholesale or Wholesale Use: shall mean an industry whose primary activity consists of the storage of quantities of goods and materials intended for sale to industrial and commercial users and does not include retail use. Y Yard; shall mean the space on a lot, uncovered by buildings and structures, open from the ground to the sky. Yard. Exterior Side; shall mean a yard extending from the minimum front yard to the rear lot line between the exterior side lot line and the nearest part of any wall of the main building on a corner lot (as illustrated in Appendix B ). Yard._Front: shall mean the yard extending across the full width of a lot between the front lot line and the nearest part of any wall of any building or structure on the lot (as illustrated in Appendix B ). Yard. Interior Side: shall mean a yard extending from the required front yard to the minimum rear yard between the interior side lot line and the nearest part of any wall of the main building on the lot (as illustrated in Appendix B ). Yard. Rear: shall mean a yard extending across the full width of a lot between the rear lot line and the nearest part of any wall of the main building on the lot, and on a corner lot, shall mean a yard extending from the interior side lot line to the minimum exterior side yard, between the rear lot line and the nearest part of any wall of the main building on the lot (as illustrated in Appendix B ). Z Zone: shall mean any area of land for which specific uses and development standards are prescribed by this By-law, and "zoned" shall be construed accordingly. Zone Boundary: shall mean a line dividing two or more different zones as herein defined.

20 3-1 SECTION 3.0 ~ APPLICATION ADMINISTRATION & ENFORC! 3.1 Application The provisions of this By-law shall apply to all lands within the boundaries of the Mississaugas of the New Credit Indian Reserve No. 40A No person shall use any land or erect, alter or use any building, structure or part thereof within the boundaries of the Mississaugas of the New Credit First Nation except in conformity with the provisions of this By-law No person shall use any building, structure or part thereof, erected or altered in contravention of this B y law so long as such building, structure or part thereof continues to contravene the provisions of this By-law No lot shall be reduced in area by conveyance, mortgage, or other alienation of a part thereof so that any remaining yard or other open space is less than that required by this By-law. If any such reduction occurs, such lot and any building or structure thereon shall not thereafter be used by any person unless and until the said yard is in compliance with the requirements of this By-law Subsection shall not apply to a lot reduced in area by the conveyance to or expropriât ion by the Mississaugas of the New Credit First Nation or any other authority having the power of expropriation No person shall change the purpose for which any lot building or structure is used, or erect, alter, or use any building or structure, or sever any lands from any existing lot, if the effect of such action is to cause the original, adjoining, remaining or new building, structure or lot to be in contravention of this By-law. 3.2 Interpretation In interpreting and applying the provisions of this B y law, they shall be held to the minimum requirements for the promotion of public health, safety, comfort, and convenience, and general welfare In this By-law: The word "shall" is mandatory and not permissive; the word "may" is permissive and not mandatory.

21 Words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future tense and words used in the future tense include the present tense. Administration This By-law shall be administered by the person or persons appointed from time to time by the Council to administer this By-law. Inspection All persons appointed by Council to administer this B y law may enter or inspect a property or premise at any reasonable hour for the purpose of carrying out their duties according to the provisions of this By-law provided that reasonable notification of such is given before entry into residential homes. Licenses and Permits No application shall be approved and no Council permit, certificate or license shall be issued for a proposed use of land or proposed use of a building or structure if the proposed use of land, building, or structure would be in violation of any provision of this By-law. No application shall be approved and no Council permit or license shall be issued for the proposed erection, enlargement, or any alteration of any land building or structure if the proposed erection, enlargement, or alteration would be in violation of any provision of this By-law. Violations and Penalties Except as otherwise provided in this By-law, no person shall use, nor shall any owner permit anyone to use, any land, building, or structure for any purpose unless in conformity with this By-law, and no person shall erect, alter, or enlarge any land, building or structure for any purpose unless it is in conformity with the provisions of this By-law. Every person who contravenes any section of this By-law is guilty of an offence and is liable on summary conviction to a fine not exceeding $1, dollars or to imprisonment for a term not exceeding 30 days, or both.

22 Where this By-law requires that any matter or thing be done, the Council or those so appointed by Council, may in default of it being done by the person directed or required to do it, enter upon the lands and premises affected and perform the work required to be done, at the expense of the said person Prior to entering onto any property or doing any work as set out in section 3.6.3, the Council shall give ten (10) days notice of its intention to perform such work, matter, or thing, to the person required to do such work matter or thing All expenses incurred by Council in the performance of such work, matter, or thing set out in section 3.6.3, including but not limiting the generality of the foregoing, material, labour, equipment, and administration and legal expenses, shall be paid by the person directed or required to do such work, matter, or thing, and shall be charged against said person and payable in like manner as any outstanding account due the Mississaugas of the New Credit First Nation Council All expenses as incurred in Council's performance of work, matter, or thing as set out in section 3.6.3, shall bear interest from the date incurred at a rate charged on overdue accounts as set by the Mississaugas of the New Credit First Nation Council from time to time in the dealing with other like accounts. 3.7 Validity Should any section, clause, or provision of this By-law be held, by a court of competent jurisdiction, to be invalid, the validity of the remainder of the By-law shall not be affected Any section, clause, or provision of this By-law to be invalid, shall be deemed to be severable and all other sections, clauses, and provisions are separate and independent therefrom and enacted as such.

23 ZONES 4.1 Zone Classification The provisions of this By-law shall apply to all lands within the boundaries of the Mississaugas of the New Credit Indian Reserve No. 40A, which lands are for the purpose of this By-law, divided into various zones as follows; Symbol Zone R1 RU Residential Zone Rural Residential Zone 11 Institutional Zone Cl CH Ml M2 PA ES FM OS Commercial Zone Commercial Highway Zone Business Park Industrial Zone General Industrial Zone Prime Agricultural Zone Environmentally Sensitive Zone Forest Management Zone Open Space Zone The extent and boundaries of said zones are shown on Schedule A which forms part of this By-law and is attached hereto The permitted uses, the minimum size and dimensions of lots, the minimum size of yards, the maximum lot coverage, the minimum landscaped open space, the maximum height of buildings, and all other zone provisions are set out herein for the respective Zones The symbols listed in Section may be used to refer to the buildings and structures, and the uses of lots, buildings, structures permitted by this By-law in the said zones. Whenever in this By-law the word "Zone" is used, preceded by any of the zone symbols, such zones shall mean any area within the Mississaugas of the New Credit Indian Reserve No. 40A within the scope of this

24 4-2 By-law delineated on Schedule A and designated thereon by the Zone symbol Where the Zone symbol designating certain lands as shown on Schedule A is followed by a dash and a number, the special provisions will be found by reference to the Exceptions section of the By-law which deals with that particular Zone Where the Zone symbol is followed by information in parenthesis, these refer to site-specific regulations which establish the maximum total number of units and or maximum building height in storeys.

25 5-1 SECTION SCHEDULES AND INTERPRETATIONS 5.1 Schedules The following schedules are attached to and form part of this By-law: Schedule A - Zone Map 5.2 Interpretation Where a zone boundary is indicated as being within a street, lane, railway, right-of-way, electrical transmission right-of-way, dyke or watercourse, the boundary shall be the centreline of such street, lane, right-of-way, dyke or watercourse, unless dimensions shown on the attached schedules provide greater accuracy Where a boundary is indicated as approximately following lot lines, the boundary shall be considered to comply with said lot lines Zone boundaries shall be measured in accordance with the scale indicated on the attached Schedule A, unless dimensions shown on subsequent schedules provide greater accuracy Where a Zone boundary is indicated as passing through undeveloped land, the said zone boundary shall be scaled from the attached Schedule A, unless dimensions shown on Subsequent schedules provide greater accuracy Where a street, lane, railway, right-of-way, electrical transmission right-of-way, dyke or watercourse, is included on the attached schedule, they shall be unless otherwise indicated be included in the Zone of the adjoining property on either side thereof Where a Zone boundary appears to be following the boundary of the Mississaugas of the New Credit Indian Reserve No. 40A, the Reserve boundary shall be the Zone boundary Where a Zone boundary is indicated as following a shore line, the boundary shall follow such shore line and, in the event of a change in the shore line, the boundary shall be construed as moving with the actual shore line.

26 6-1 TABLE OF CONTENTS SECTION GENERAL PROVISIONS SUBSECTION TITLE PAGE 6.1 Uses Permitted in Ail Zones Uses Prohibited in a Zone Accessory Uses Building and Structures Permitted Encroachments in Required Yards Non-Conforming Uses Non-Compliant Use Non-Compliant Lots Day Nursery Fences Buffering Planting Strip Open Storage Flood Lighting Height Exceptions Group Home, Mini Group Home, Group Residence Crisis Residence, Group Correctional Residence Bed and Breakfast Establishment Home Occupation Motor Vehicle Parking and Storage 6-11 Regulations 6.19 Public Services Interior Side Yards Sight Triangles Yards and Planting Strips Loading Spaces Storage of Fuels Established Front Building Line Servicing Requirements 6-17

27 Uses Permitted in All Zones The provisions of this By-law shall not apply to prevent the use of any lot, or to prevent the erection or use of any building or structure for the following purposes :.1 A public street or highway..2 Public services in accordance with Section 6.19 of this By-law..3 The erection or use of field offices, contractors' huts, or other temporary buildings or scaffolding or other temporary structures, the sole purpose of which is incidental to the erection, alteration, enlargement, or repair of buildings or structures, for only so long as the same is necessary for work in progress which has neither been finished nor abandoned..4 The use of a building or part thereof as a temporary polling station for a Federal, Provincial, or Band Council elections. 6.2 Uses prohibited in a Zone A use is prohibited in a Zone unless specifically permitted by this By-law Noxious uses shall be prohibited in all Zones An amusement arcade shall be prohibited as an accessory use to any permitted use. 6.3 Accessory Uses. Buildings, and Structures Where this By-law permits the use of any lot, or the erection of or use of any building or structure, that purpose shall include any accessory use, accessory building, or accessory structure, except as otherwise specified herein, subject to the following regulations:.1 The maximum lot coverage of all accessory buildings and structure shall be 10%..2 The maximum height measured from finished grade level to the highest point of an accessory building or structure shall be:.1 All Residential Zones 4.5 m.2 All Institutional Zones 4.5 m.3 All Commercial Zones 4.5 m.4 All Industrial Zones 4.5 m

28 6-3.5 All Open Space Zones 4.5 m.3 In Residential Zones, no accessory building or structure shall be located:.1 In a required front yard or required exterior side yard..2 Closer than 0.6 m to an interior lot line..3 Closer than 0.6 m to a rear lot line..4 Closer than 1.5 m to any main building or structure on the lot..4 No accessory building or structure shall be used for a habitable room, or for the purpose of home occupation, unless otherwise permitted by this B y law. 5 Notwithstanding Section , an unenclosed deck with a maximum height of 1.2 m above the mean elevation of the area below the deck shall not be included in the calculation of maximum lot coverage..6 In Industrial Zones, no accessory building or structure shall be located:.1 In a required front yard or required exterior side yard.2 Closer than 0.6 m to any lot line..3 Closer than 3.0 m to any main building or structure on the l o t..4 In contravention of Section 6.10 or In Open Space Zones, accessory buildings or structures shall be located in accordance with the regulations for main buildings and structures Accessory Retail Sales.1 Where accessory retail sales are permitted in an Industrial Zone, a maximum of 10% of the gross floor area of a manufacturing use may be used for the retail sale of goods, materials, or things produced on the premises Permitted Encroachments in Required Yards Every part of any yard required by this By-law shall be open and unobstructed by any building or structure above grade level, except as provided in the following table:

29 Structure Yard in Which Projection is Permitted Maximum Permitted Projection Unenclosed porch, verandah or deck (with or without a roof) Fire escapes and exterior staircases All Side and rear yards 3.0m provided the projection is no closer than 2.5 m to a lot line 1.5 m provided the projection is no closer than 2.5 m to a lot line Sills, belt courses, eaves, cornices, chimney breasts, pilasters, lintels, and other ornamental structures Bay Windows (not constructed on foundations) Unenclosed steps (with or without a landing) Balconies (not constructed foundations) Ramps for physically disabled persons Heating / cooling equipment and utility meters All All All All All All 0.6 m 0.6m 2.0 m provided the projection is no closer than 1.0 m to a lot line 2.0 m provided the projection is no closer than 3.0 m to a lot line. Unlimited provided the projection is no closer than 1 m to a lot line. 2.1 m provided the projection is no closer than 2.5 m to a lot line

30 Enclosures of Porches. Verandas, and Decks.1 In all Residential Zones, the enclosure of a porch, verandah, or deck shall be permitted, provided:.1 That the porch, verandah, or deck complies with the required front, side and rear yards of the applicable residential zone; and.2 The dwelling, including the enclosed porch, verandah or deck, does not exceed the maximum lot coverage of the applicable Residential Zone Non-Conforming Uses Nothing in this By-law shall prevent:.1 The use of any lot, building, or structure for any purpose prohibited by this By-law if such lot, building, or structure was lawfully used for such purpose on the day of passing of this By-law, and provided that such use remains continuous..2 The erection or use for a purpose prohibited by this By-law of a building or structure for which construction was begun prior to the day of passing of this By-law, so long as the building or structure when erected is used and is continuously used for the purpose identified prior to the passing of this By-law or.3 The repair, replacement, or strengthening to a safe condition of any building or structure or part thereof which is used for a non-conforming use, provided such repair or strengthening does not increase the height, size, floor area, or use of such building or structure beyond the original foundation walls of the building or structure Non-Compliant Use Nothing in this By-law shall prevent the extension, enlargement, repair, or replacement of a use, building or structure which is non-compliant provided that:.1 The use or uses is permitted by this By-law..2 The extension, enlargement, repair, strengthening, or replacement does not further deviate from the required regulations established by this By-law.

31 6-6.3 Buffering is provided in accordance with this B y law. 6.7 Non-Compliant Lots Lots Reduced bv Expropriation Where a lot has a lesser lot area and/or lot frontage than hereby required as a result of an acquisition of part of said lot through expropriation by Council and would have otherwise complied to said lot requirements prior to said acquisition, such lot may be used and a building or structure may be erected or used thereon in accordance with all other provisions of this By-law Existing Vacant Lots Where a lot has a lesser lot area and/or frontage as required herein, and.1 was legally created and held in distinct and separate ownership from abutting lots prior to the passing of this By-law; and.2 was vacant at the time of the passing of this B y law and has continued to be vacant; such lot may be used and a building or structure may be erected or used thereon in accordance with all other provisions of this By-law. 6.8 Dav Nursery Day Nurseries shall only be permitted in accordance with the following:.1 Immediate access is required from a major road in all zones except I (Institutional) and C (Commercial)..2 A free standing day nursery shall be subject to the following regulations:.1 Lot Area (Minimum) 8,100 m2.2 Lot Frontage (Minimum) 50 m.3 Lot Coverage (Maximum) 20%.4 Building Height 2 Storeys.5 Front Yard (Minimum) 30 m

32 6-7.6 Rear Yard (Minimum) 45 m.7 Side Yard (Minimum) Interior Exterior 6 m 10 m.8.9 Landscaped Open Space Open Storage (minimum) 40% Prohibited.10 Buffering In Accordance Sec Outdoor play space shall not be located in a required Front yard and shall be located within landscaped open space Where a day nursery is permitted within a private dwelling, it shall only be permitted within a single family dwelling. When a day nursery is located in a portion of a private dwelling or as a portion of any other building, the following regulations shall apply:.1 The day nursery shall only be permitted on the ground floor..2 Open storage is prohibited..3 Outdoor play space shall not be located within a required front yard, or required exterior side yard and shall be located within landscaped open space Fences Any fence constructed in a residential Zone shall have a maximum height of 2.0 m except as otherwise permitted. Buffering Notwithstanding any other provision of this By-law, where an elementary, secondary, or private school abuts a residential Zone, a building or structure shall be permitted to have a minimum interior side yard and/or rear yard of 7.5 m provided that a buffer is provided and maintained on the institutional lot to screen the building or structure. Planting Strip Unless otherwise required herein, the following planting strips are required in all Institutional and Commercial Zones :

33 6-8.1 Abutting a local road 15 m Unless otherwise required herein, the following planting strips are required in R1 and RU zones:.1 Abutting a local road 15 m OPEN STORAGE Open Storage - Commercial Zone.1 Unless otherwise permitted herein, open storage shall be prohibited in a Commercial Zone..2 Where permitted Open Storage shall comply with the following:.1 Open storage shall not be permitted in a yard abutted a street..2 Notwithstanding Section , if the lot on which open storage is to be located abuts two or more streets, then the open storage may be permitted in one such yard provided such open storage complies with Section , but in no case shall open storage be permitted in yards abutting a highway..3 An open storage area shall be located or buffered so that it is not visible from a street or an abutting lot in other than a Commercial Zone..4 An open storage area shall not extend over more than 20% of the lot area and such area shall not include required planting strips and landscaped open space..5 The height of stored materials shall not exceed 3.0 m..6 Notwithstanding the open storage of new and used vehicles shall be permitted in any yard as an accessory use to an automobile sales establishment Open Storage_:_Ml (Business Park_Industrial) and M2 (General Industrial) Zones.1 In an Ml (Business Park Industrial) Zone and a M2 (General Industrial) Zone, open storage shall not

34 6-9 be permitted in a yard abutting a street..2 Industrial uses in Ml (Business Park Industrial) Zone and a M2 (General Industrial) Zones shall not be permitted the open storage of refuse and garbage except in accordance with this subsection:.1 An open storage area in Ml (Business Park Industrial) Zone and a M2 (General Industrial) Zones shall be located and buffered so that it is not visible from a street or an abutting lot in an non-industrial Zone..2 An open storage area shall not extend over more than 10% of the lot area, and such area shall be exclusive of required parking spaces, parking areas and landscaped open space..3 The height of stored materials shall not exceed 3.0 m..4 Open storage areas shall be prohibited within 50 m of all other adjacent Zones Flood Lighting Where flood lighting facilities are provided in conjunction with any use in this By-law, said lighting shall be directed away from any adjacent habitable living space or street. Height Exceptions A stair tower, water tank, skylight, elevator shaft, and heating, cooling and ventilating equipment or a fence, wall, or other structure enclosing such elements shall be permitted which exceeds the height regulations of a Zone, provided that:.1 the maximum height of such elements is 5.0 m..2 the aggregate horizontal area of such elements, including the fence or other enclosure, does not exceed 20% of the roof An aerial, antenna, chimney, silo, fire house tower, steeple, or other ornamental structure which does not provide habitable living space shall be permitted which exceeds the height regulations of the Zone.

35 Group Home, Mini Group Home, Group Residence, Crisis Residence, Crisis Residence, Group Correctional Home, and Group Correctional Residence All group homes, mini group homes, group residences, crisis residences, group correctional homes, and group correctional residences shall be registered with and subject to the approval of the Mississaugas of the New Credit First Nation Council. The minimum separation requirements between adjacent such facilities and adjacent uses shall be 20 m. A group home, crisis residence, group correctional home, group correctional; residence, and group residence shall be subject to the following regulations unless a greater regulation is required for the zone in which said use is located:.1 Lot Area (Minimum) 8, 100 m2.2 Lot Frontage (Minimum) 50 m.3 Lot Coverage (Maximum) 20%.4 Building Height 2 Storeys.5 Front Yard (Minimum) 30 m.6 Rear Yard (Minimum) 45 m.7 Side Yard (Minimum) Interior Exterior 6 m 10 m.8.9 Landscaped Open Space Open Storage (minimum) 40% Prohibited A dwelling or dwelling unit used or constructed for the purposes of a group home, a mini group home, crisis residence, group correctional home, group correctional; residence, and group residence shall be designed, constructed, or altered in a manner which would maintain the residential character of the neighbourhood in which it is located Bed and Breakfast. Establishment In addition to any applicable regulations for the principal use in which a bed and breakfast establishment is located, said bed and breakfast establishments shall

36 6-11 be subject to the following regulations: A bed and breakfast establishment shall be conducted entirely within a dwelling unit by the occupant of the said dwelling unit who may employ or be assisted by no more than one other person A bed and breakfast establishment shall be clearly secondary to the use of the building as a private residence A bed and breakfast establishment shall not create or become a nuisance There shall be a maximum of three guest bedrooms in any such establishment and such guest bedrooms shall not occupy more than 25% of the gross floor area of the dwelling unit It shall not be apparent from the exterior of the premises that the unit is being operated as a bed and breakfast facility other than by means of an identifying sign Home -Occupation A home occupation shall be permitted in all Residential Zones subject to the following regulations: A home occupation shall be construed to be conducted entirely within a dwelling unit by the occupant of the said dwelling unit, who may employ or be assisted by no more than one person A home occupation shall not occupy more than 25% of the gross floor area of the dwelling unit including any basement area used as habitable living space or 28.0 m2 which ever is less A home occupation shall not create or become a nuisance A home occupation use shall be clearly secondary to the residential use of the dwelling unit Motor Vehicle Parking and Storage Regulations Parking Standards.1 The parking of motor vehicles is restricted to driveways and/or parking spaces within all Zones..2 Parking spaces shall be located within the same lot

37 6-12 as the use, building, or structure for which it is required..3 Parking space shall not be contained within any minimum front yard..4 Parking spaces shall be located a minimum of 3.0 m from any adjacent lot line..5 Parking shall be deemed to be required for all permitted uses within all Zones such that parking for said use does not contravene Section All required spaces shall have access to a street, local road, or highway by means of a driveway Storage or Parking of Motor Homes, Travel Trailers, Snowmobiles, and Boats with Accessory Trailers.1 Storage or parking of motor homes, travel trailers, snowmobiles, or boats with accessory trailers or trailers shall be permitted within a garage..2 Outdoor storage or parking of motor vehicles, motor homes, travel trailers, snowmobiles, or boats with accessory trailers or trailer in a R1 or RU shall be subject to the following regulations:.1 Storage or parking shall only be permitted in the rear yard or in the interior side yard..2 The motor home, travel trailer, snowmobile, boat and accessory trailer, or trailer shall be located no closer than 2.0 m from any adjacent lot line..3 The owner of a dwelling may not park in the open more than a total of two of the following; motor home, travel trailer, snowmobile, boat and accessory trailer, or trailer on the lot..4 A motorhome, travel trailer, snowmobile, boat and accessory trailer, or trailer may be stored in a front yard or exterior side yard for a period not exceeding 72 hours..5 A motor home, travel trailer, or boat may be used for human habitation for a period not to exceed 14 days in one calender month.

38 Storage.or. Parking of Commercial Vehicles Storage or parking of commercial vehicles shall be prohibited in all yards in any residential Zone, except within a garage Public Services Public services as established by Council, including fire, ambulance, or police stations, public works yards, and sanitary landfill sites shall be permitted in all Zones. Any main or accessory building or structure shall comply with the more restrictive provisions of this By-law in respect to Zone it occupies. The open storage of goods, materials or equipment shall be prohibited, except as otherwise permitted in the Zone or except as permitted herein. Any building in a Residential Zone shall be designed and constructed as to create the least amount of disruption to the residential character of the neighbourhood in which it is located. Utility service equipment which is enclosed by a building or an opaque fence or walls exceeding the height of the equipment shall maintain minimum required yards for accessory buildings. When utility service equipment is located on a lot and not enclosed, and is greater than 1.5 m in height, such equipment shall:.1 Be screened on all sides by an opaque fence and/or wall of minimum height of the utility service equipment to a maximum of 4.0 m, or a buffer suitable for such a purpose..2 Not permitted within 5.0 m of a lot within a residential Zone Interior Side Yards Notwithstanding any provision of this Bylaw, the minimum interior side yard may be 0.0 m along a common wall separating units in a semi-detached or townhouse dwelling.

39 Sight Triangles Sight triangles will be enforced in accordance with regulations of the Ministry of Transportation of Ontario Yards and Planting Strips Notwithstanding any other provision of this Bylaw, all yards abutting an expressway or freeway right-of-way shall be a minimum of 15.0 m. All yards required under this bylaw shall be measured from the limit of the proposed street, local road, or freeway right-of-way or the existing right-of-way whichever is greater LOADING SPACES Dimensions.1 A required loading space shall have minimum dimensions exclusive of any land used for access, driveways, or manoeuvring as follows:.1 Loading space - Type A: 3.5 m x 4.5 m, with 4.5 m in clear unobstructed height.2 Loading space - Type B: 3.5 m x 20 m, with 4.5 m in clear unobstructed height Loading Deficiencies.1 Where a use existing at the date of adoption of this By-law provides fewer than the minimum number of loading spaces required herein, the existing number of loading spaces shall be deemed to be the minimum number of loading spaces required for said use..2 A use defined in Section may be enlarged or changed to another permitted use in accordance with the following provisions:.1 The minimum number of loading spaces in existence at the time of the adoption of this By-law shall continue to be provided..2 Additional loading spaces required for the

40 6-15 enlarged or changed use will be provided as follows :.1 Total minimum number of loading spaces for the enlarged or changed use shall be provided in accordance with Section Where a changed use requires less than the minimum number of existing loading spaces, then the minimum number of loading spaces shall be in accordance with Section Location The location of a loading space required herein shall be subject to the following regulations:.1 The loading space shall be located on the same lot as the use, building, or structure for which it is required, and shall not be located on a local road..2 No loading space shall be located in any front yard Access to Loading.1 All loading spaces shall have adequate access on the same lot to permit ingress, egress, and manoeuvring by means of a driveway, no part of which shall be used for parking or storage of a motor vehicle..2 The driveway providing access to a loading space shall have a minimum width of 3.5 m for one-way traffic and 7.0 m for two-way traffic Number of Spaces A minimum of one loading space per every 5 apartments shall be maintained for any apartment dwelling containing five or more apartments. Except as otherwise provided herein, the minimum number of loading spaces to be provided and maintained for an industrial or commercial use shall be determined by the total gross floor area of all uses on the lot for which loading spaces are required, and in accordance as follows :

41 6-16 LOADING SPACE REQUIREMENTS Gross Floor Area in Square Metres Minimum Number of Loading Spaces 0.0 up to and including Over up to and including Over up to and including Type of Space.1 Any required loading space for an apartment dwelling shall be Loading Space - Type A, as defined in Section Any required loading space for the following uses shall be Loading Space - Type B, as defined in Section Industrial Retail Warehouse Commercial Uses Greater than 1,000 m2.3 All other uses shall require Loading Space - Type A, as defined in Section Storage of Fuels Storage of Oil. Gasoline, and Diesel Oil Notwithstanding any Council directed policies, ordinances, and appropriate Bylaws, the rules and regulations in regards to storage, handling, dispensing, testing, and monitoring of oil, gasoline, and diesel oil, shall be as set forth by the latest addition of the Gasoline Handling Act as set out in the latest gasoline Handling Code as inspected and enforced by the Inspection and Enforcement Branch, Fuel Safety's Program, Technical Standards Division, Ministry of Consumer and Commercial Relations Storage of Heating Fuels Storage of heating fuels shall be as set out in Section notwithstanding any more restrictive requirements set out by the dispensing agency Established Front Building Line The established front building line shall be the average

42 6-17 of the front yard of the two lots on the same side of the same local road which abut the property at the time of application for a building permit In the case of a c o m e r lot, or where one or both of the abutting lots on the same side of the street are vacant, the next adjacent non-vacant lot with a front line on the same side of the street shall be used in the calculation of established front building line. Servicing Requirements No land shall be used nor any building or structure erected or used in any Zone unless provided with electrical power and with adequate provisions for sewage and water capacity according to the regulations established by Health and Welfare Canada, except as may be otherwise provided in this By-law.

43 SECTION RESIDENTIAL ZONES Residential Zone (RI) Permitted Uses The following uses are permitted in a R1 Zone:.1 Single-detached dwellings..2 Apartment dwellings..3 Townhouse dwellings..4 Mobile home parks..4 Bed and breakfast establishments..5 Day nurseries..6 Home occupations..7 Accessory uses, buildings, and structures..8 Uses permitted in Section Regulations Any use, building, or structure in a R1 Zone shall be established in accordance with the following:.1 Single-Detached Dwellings.1 Lot Area (minimum) 4,000.0 m2.2 Lot Width (minimum) 30.0 m.3 Lot Coverage (maximum) 10.0 %.4 Building Height (maximum) 10.0 m.5 Front Yard (minimum) 26.0 m.6 Rear Yard (minimum) 10.0 m.7 Side Yard (minimum).1 Interior 3.0 m.2 Exterior 26.0 m.8 Gross Floor Area (minimum) 75.0 m2.2 Apartment Dwellings.1 Lot Area (minimum) 1,300.0 m2 Minimum 4,000 m2 per unit

44 7-2.2 Lot Width (minimum) 30.0 m.3 Lot Coverage (maximum) 10.0 %.4 Building Height (maximum) 10.0 m.5 Front Yard (minimum) 26.0 m.6 Rear Yard (minimum) 10.0 m.7 Side Yard (minimum).1 Interior a) Adjacent to other 0.0 m multi-unit residences b) Adjacent all other uses 6.0 m.2 Exterior 26.0 m.8 Gross Floor Area (minimum) 42.0 m2 Townhouse Dwelling.1 Lot Area (minimum) 1,300.0 m2 Minimum 4,000 m2 per unit.2 Lot Width (minimum) 30.0 m.3 Lot Coverage (maximum) 10.0 %.4 Building Height (maximum) 10.0 m.5 Front Yard (minimum) 26.0 m.6 Rear Yard (minimum) 10.0 m.7 Side Yard (minimum).1 Interior 0.0 m.2 Exterior 26.0 m.8 Gross Floor Area (minimum) 60.0 m2 4 Mobile Home Parks.1 Lot Area (minimum) 1,300.0 m2 per unit

45 7-3.2 Lot Width (minimum) 30.0 m.3 Lot Coverage (maximum) 10.0 %.4 Building Height (maximum) 10.0 m.5 Front Yard (minimum) 26.0 m.6 Rear Yard (minimum) 10.0 m.7 Side Yard (minimum).1 Interior 5.0m.2 Exterior 26.0 m.8 Gross Floor Area (minimum) 60.0 m2 5 Bed and Breakfast Establishments.1 In accordance with Section Day Nurseries.1 In accordance with Section Home Occupations.1 In accordance with Section Mini -Group Homes.1 In accordance with Section Accessory Uses, Buildings, and Structures.1 In accordance with Section Uses Permitted in Section In accordance with Section 6.1

46 Rural Residential Zone (RP) Permitted Uses The following uses are permitted in a RU Zone:.1 Single-detached dwellings..2 Bed and breakfast establishments..3 Day nurseries..4 Home occupations..5 Mini-group homes..6 Accessory uses, buildings, and structures..7 Uses permitted in Section Regulations Any use, building, or structure in a RU Zone shall be established in accordance with the following:.1 Single-Detached Dwellings.1 Lot Area (minimum) 6,500.0 m2.2 Lot Width (minimum) 50.0 m.3 Lot Coverage (maximum) 10.0 %.4 Building Height (maximum) 10.0 m.5 Front Yard (minimum) 26.0 m.6 Rear Yard (minimum) 10.0 m.7 Side Yard (minimum).1 Interior 6.0 m.2 Exterior 26.0 m.8 Gross Floor Area (minimum) 75.0 m2 Bed and Breakfast Establishments.1 In accordance with Section 6.16 Day Nurseries.1 In accordance with Section 6.8. Home Occupations

47 7-5.1 In accordance with Section Mini-Group Homes.1 In accordance with Section Accessory Uses, Buildings, and Structures.1 In accordance with Section Uses Permitted in Section In accordance with Section 6.1

48 8-1 Section Institutional Zones 8.1 Institutional Zone (ID Permitted Uses The following uses are permitted in an II Zone:.1 General Offices of a Board of education..2 Hospitals..3 Homes for the aged..4 Nursing homes..5 Cemeteries..6 Schools, residences, and medical treatment facilities for the developmentally handicapped..7 Elementary schools..8 Secondary schools..9 Parking lots or structures..10 Places of worship..11 Post-secondary schools..12 Private schools..13 Retirement homes..14 Day nurseries..15 Group residences..16 Group correctional residences..17 Crisis residences..18 Medical Clinics and Medical Offices.19 Neighbourhood convenience stores..20 Personal service stores..21 First Nation Council administration and government offices..22 Recreational and therapeutic facilities..23 Accessory uses, buildings, and structures..24 Uses permitted in Section Regulations Any use, building, or structure in an II Zone shall be established in accordance with the following:.1 All Permitted Uses Except as Noted.1 Lot Area (minimum) m2.2 Lot Width (minimum) 30.0 m.3 Lot Coverage (maximum).4 Building Height (maximum) 30 % 10.0 m.5 Front Yard (minimum) 15.0 m

49 8-2 6 Rear Yard (minimum).1 Abutting a lot in a institutional or commercial Zone.2 Abutting any other lot line Nil 6.0 m 7 Side Yard (minimum).1 Interior.1 Abutting a lot in a or Commercial Zone.2 Abutting any other lot line Institutional Nil 6.0 m.2 Exterior 9.0m 8 Landscaped Open Space (minimum) 15% 9 Loading in accordance with Section Open Storage Prohibited 11 Buffering in accordance with Section Planting Strip in accordance with Section 6.11

50 9-1 Section Commercial Zones 9.1 Commercial Zone (Cl) Permitted Uses The following uses are permitted in a Cl Zone:.1 Shopping centres comprised of a combination of any use permitted in the Cl Zone..2 Art galleries..3 Arts schools..4 Bakeries..5 Bowling alleys..6 Building supply centres..7 Commercial schools..9 Dwelling units..10 Grocery stores..11 Supermarkets..12 Financial institutions..13 Fresh produce outlets..14 Funeral homes..15 General offices..16 Health clubs..18 Meat stores..19 Medical clinics..20 Medical offices..21 Neighbourhood convenience stores..22 Nursery garden centres..23 Personal service stores..24 Photocopy shops..25 Photographers' studios..26 Places of entertainment..27 Private clubs..28 Private parks..29 Public halls..30 Restaurants..31 Retail stores..32 Retail warehouses..33 Veterinary clinics..34 Service or repair shops..35 Specialty retail stores..36 Transportation terminals..37 Accessory uses, buildings, and structures..38 Uses permitted in Section Regulations Any use, building, or structure in a Cl Zone shall be established in accordance with the following:

51 9-2.1 All Permitted Uses Except as Noted.1 Lot Area (minimum).2 Lot Width (minimum).3 Lot Coverage (maximum).4 Building Height (maximum).5 Front Yard (minimum) m m 30% 7.0 m 15.0 m.6 Rear Yard (minimum).1 Abutting a lot in a General commercial Zone.2 Abutting any other lot line Nil 6.0m.7 Side Yard (minimum).1 Interior.1 Abutting a lot in a General Commercial Zone.2 Abutting any other lot line.2 Exterior.8 Landscaped Open Space (minimum) Nil 6.0 m 9.0m 15%.9 Loading in accordance with Section Open Storage.1 Building supply centre and nursery garden centre in accordance with.2 All other uses.11 Buffering in accordance with.12 Planting Strip in accordance with Section 6.12 Prohibited Section 6.10 Section 6.11

52 Commercial Highway Zone (CH) Permitted Uses The following uses are permitted in a CH Zone:.1 Shopping centres comprised of a combination of any use permitted in the CH Zone..2 Art galleries..3 Arts schools..4 Automobile sales, rental, and leasing establishments..5 Automobile Service Station/Gas Bar..6 Bakeries..7 Bowling alleys..8 Building supply centres..9 Grocery stores..10 Supermarkets..11 Financial institutions..12 Fresh produce outlets..13 Funeral homes..14 General offices..15 Health clubs..16 Libraries..17 Meat stores..18 Medical clinics..19 Medical offices..20 Neighbourhood convenience stores..21 Nursery garden centres..22 Personal service stores..23 Photocopy shops..24 Photographers' studios..25 Places of entertainment..26 Private clubs..27 Private parks..28 Public halls..29 Restaurants..30 Retail stores..31 Retail warehouses..32 Veterinary clinics..33 Service or repair shops..34 Specialty retail stores..35 Accessory uses, buildings, and structures..36 Uses permitted in Section Regulations Any use, building, or structure in a CH Zone shall be established in accordance with the following:.1 All Permitted Uses Except as Noted.1 Lot Area (minimum) m2

53 9-4 2 Lot Width (minimum) 30.0 m 3 Lot Coverage (maximum) 30% 4 Building Height (maximum) 10.0 m 5 Front Yard (minimum) 15.0 m 6 Rear Yard (minimum).1 Abutting a lot in a General commercial Zone Nil.2 Abutting any other lot line 6.0m 7 Side Yard (minimum).1 Interior.1 Abutting a lot in a General Commercial Zones.2 Abutting any other lot line Nil 6.0 m.2 Exterior 9.0m 8 Landscaped Open Space (minimum) 15% 9 Loading in accordance with Section Open Storage.1 Building supply centre and nursery garden centre in accordance with Section All other uses Prohibited 11 Buffering in accordance with Section Planting Strip in accordance with Section 6.11

54 10-1 1Q.Q INDUSTRIAL ZONES Business Park Industrial Zones (Ml) Permitted Uses The following uses shall be permitted in a Ml Zone:.1 Industrial service offices..2 Light manufacturing uses excluding any noxious use..3 Wholesale uses..4 Warehouse u s e s..5 Research u s e s..6 Accessory general offices..7 Accessory retail sales..8 Accessory uses, buildings, and structures..9 Catering services..10 Computer, electronic, or data processing establishments..11 Private clubs..12 Public halls..13 Telecommunications services..14 General offices..15 Automobile sales, rental, and leasing establishments..16 Impounding yar d s..17 Industrial rental establishments.18 Postal stations..19 Printing establishments..20 Propane storage tanks..21 Public storage warehouses..22 Restaurants accessory to a permitted use..23 Service industries..24 Transportation terminals..25 Industrial malls comprised of one or more uses as listed in this Section..26 Uses permitted in Section Regulations Any use building or structure in a Ml Zone shall be established in accordance with the following:.1 All Permitted Uses Except as Noted:.1 Lot area (minimum) 0.8 ha.2 Lot width (minimum) 50.0 m.3 Lot Coverage Maximum 20.0 % Minimum 5.0 %

55 Building Height (maximum) 5 Front Yard (minimum) 10.0 m 20.0 m 6 Rear Yard (minimum).1 Abutting a Residential Zone.2 Abutting a highway.3 All other rear yards 15.0 m 30.0 m 5.0 m 7 Side yard (minimum).1 Interior.2 Exterior 8 Ground Floor Area (minimum) 9 Gross Floor Area (maximum) 10 Landscaped Open Space (minimum) 9.0 m 20.0 m 6.0 % of lot area 40.0 % of lot area 35.0 % 11 Planting Strip.1 In accordance with Section Open Storage.1 In accordance with Section Loading Spaces.1 In accordance with Section Buffering.1 In accordance with.2 Accessory Buildings.1 In Accordance with Section 6.10 Section Propane Storage Tanks.1 In accordance with Section 6.24

56 General Industrial Zones (M2) Permitted Uses.1 Industrial service offices..2 Light manufacturing uses excluding any noxious use..3 Wholesale uses..4 Warehouse uses..5 Research uses..6 Accessory general offices..7 Accessory retail Sales..8 Accessory buildings uses and structures..9 Agricultural uses, excluding the breeding, raising, and boarding of livestock..10 Autobody repair shops..11 Automobile sales, rental, and leasing establishments..12 Automobile gas bars..13 Catering services..14 Computer, electronic, or data processing establishments..15 Dry cleaning establishments..16 Industrial rental establishments.17 Postal stations..18 Printing establishments..19 Kennels..20 Private clubs..21 Private parks..22 Propane storage tanks..23 Public halls..24 Public garages..25 Public storage warehouses..26 Recycling uses..27 Salvage establishments..28 Service industries..29 Service or repair shops..30 Telecommunications services..31 Trade Schools..32 Transportation terminals..33 Uses permitted in Section Regulations Any use building or structure in a Ml Zone shall be established in accordance with the following:.1 All Permitted Uses Except as Noted:.1 Lot area (minimum) 0.8 ha

57 Lot width (minimum) 50.0 m 3 Lot Coverage Maximum 20.0 % Minimum 5.0 % 4 Building Height (maximum) 10.0 m 5 Front Yard (minimum) 20.0 m 6 Rear Yard (minimum).1 Abutting a Residential Zone 15.0 m.2 Abutting a highway 30.0 m.3 All other rear yards 5.0 m 7 Side yard (minimum).1 Interior 9.0 m.2 Exterior 20.0 m 8 Ground Floor Area (minimum) 6.0 % of lot area 9 Gross Floor Area (maximum) 20.0 % of lot area 10 Landscaped Open Space (minimum) 35.0 % 11 Planting Strip.1 In accordance with Section Open Storage.1 In accordance with Section Loading Spaces.1 In accordance with Section Buffering.1 In accordance with Section Accessory Buildings.1 In Accordance with Section Salvage establishments

58 10-5 Impounding yards or salvage establishments shall not be permitted within 50.0 m of a lot in a Residential Zone, or within the road allowance of a highway, expressway, arterial road, or local road.1 Notwithstanding Section open storage shall not be permitted in the minimum front yard or minimum exterior side yard..2 Notwithstanding Section , an open storage area shall not extend over more than 80% of the lot area, and such areas shall be exclusive of parking spaces, parking areas, and landscaped open spaces..16 Propane Storage Tanks.1 In accordance with Section Recycling Uses.1 Recycling uses shall not be permitted within m of a lot within a Residential Zone or Institutional Zone..2 Recycling uses shall be subject to the regulations of the Mississaugas of the New Credit First Nation in view of regulations enacted by the Ministry of Environment and Energy.

59 Section Prime Agricultural Zones Prime Agricultural Zone (PA) Permitted Uses.1 Agriculture.2 Forestry.3 Agricultural related retail establishments.

60 Section Environmentally Sensitive Zone Environmentally Sensitive Zone (ES) Permitted Uses.1 Conservation..2 Forestry..3 Passive recreation..4 Fish and wildlife management..5 Outdoor education.

61 13-1 Section 13,0 - Forest Management Zones 13.1 Forest Management - Zone (FM) Permitted Uses.1 Conservation..2 Forestry..3 Passive recreation..4 Fish and wildlife management..5 Outdoor education.

62 14-1 Section Open Space Zones 14.1 Open..Space.zone (QS) H H H Permitted Uses.1 Public parks..2 Private par k s..3 Agricultural uses..4 Farming (breeding and raising of livestock) uses.5 Golf courses and driving ranges..6 Accessory uses and buildings..7 Uses permitted in Section 6.1.

63 15-1 Approved and passed at a duly convened meeting of the Council of the Mississaugas of die New Credit Band of Indians this Day of Z^hruAfti \9^(o. (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) I. L - a m j Sfxv.LÏ 't Chief, of the Mississaugas of the New Credit Band of Indians do hereby certify that a true copy of the foregoing by-law # was forwarded to the Minister of Indian and Northern Development pursuant to section 82(1) of the Indian Act this i^-j day of.19c?(^.

64 SCHEDULE A ZONE MAP MISSISSAUGAS OF THE NEW CREDIT FIRST NATION

65 APPENDIX A BUILDING HEIGHT ILLUSTRATIONS

66 ILLUS i RATION OF HEIGHT DEFINI' non BUILDING Flat Roof FRONT FRONT SIDE RIDGE Gable Roof Hip Roof RIDGE Gambrel Roof Mansard Roof One Slope Roof -j-h EIG HT OF BUILDING NOTE. THE AROVE ILLUSTRATION G TOR CLARiriCATION ANO CONVENIENCE ONLY ANO DOES NOT FORM PART OF THIS BY-LAW.

67 APPENDIX B YARD LINE ILLUSTRATIONS

68 Illustration of YARD DEFINITIONS NOTE: THE ABOVE FIGURE IS FOR CLARIFICATION ANO CONVENIENCE ONLY ANO DOES NOT FORM PART OF THIS BY-LAW.

69 sioe LOT U NE FRONT BUILDING UNE X 1[ ' L t ( (A) SIDE LOT LINES ARE PARALLEL; STREET IS STRAIGHT s ire LOT UNE X ( ) FRONT AND REAR LOT LINES ARE NOT PARALLEL N O REAR LOT LINE LEGEND MINIMUM FRONT YARD Illustration of MINIMUM FRONT YARD and MINIMUM EXTERIOR SIDE YARD NOTE: THE ABOVE FIGURE IS FOR CLARIFICATION AND CONVENIENCE ONLY AND DOES NOT FORM PART OF THIS BY-LAW.

70 (D) CORNER LOT WITH A CURVE UNE BISECTING ANGLE OF PROJECTED FRONT AND EXTERIOR SIDE LOT UNES CORNER LOT WITH A DAYLIGHT TRIANGLE UNE BISECTING ANGLE OF PROJECTED FRONT ANO EXTERIOR SIDE LOT UNES LOT ON A CORNER EYEBROW LOT ON A C U L -D E -S A C LEGEND. MINIMUM FRONT YARD MINIMUM EXTERIOR SIDE YARD Illustration of MINIMUM FRONT YARD and MINIMUM EXTERIOR SIDE YARD NOTE: THE ABOVE FIGURE IS FOR CLARIFICATION ANO CONVENIENCE ONLY ANO OOES NOT FORM PART OF THIS BY-LAW.

71

72 Ï N/fl S C H E D U LE A ZONING MAP LEGEND R l r e s i d e n t i a l : RU RURAL RESIDE I I IN S TITU TIO N A L Cl COM M ERCIAL CH COMMERCIAL I M I BUSINESS PARK M 2 GENERAL INDUÎ PA PRIME AGRICUI ES ENVIRONMENTAL FM FOREST MANAG OS OPEN SPACE BAR S C A L E