TOWNSHIP OF TINY ZONING BY-LAW

Transcription

1 TOWNSHIP OF TINY ZONING BY-LAW ENACTED BY COUNCIL: JANUARY 9, 2006 APPROVED BY THE ONTARIO MUNICIPAL BOARD: NOVEMBER 18, 2015 CONSOLIDATED: JANUARY 10, 2018

2 TABLE OF CONTENTS PREAMBLE INTRODUCTION i i 1.0 PURPOSE OF THIS ZONING BY-LAW i 2.0 HOW TO USE THIS BY-LAW ii 3.0 DESCRIPTION OF BY-LAW COMPONENTS iii 4.0 NEW PROVISIONS vi 5.0 DESCRIPTION OF ZONES xi 6.0 DRAWINGS xiii SECTION 1.0 INTERPRETATION AND ADMINISTRATION TITLE CONFORMITY AND COMPLIANCE WITH BY-LAW BUILDING PERMITS INTERPRETATION ENFORCEMENT SEVERABILITY EFFECTIVE DATE REPEAL OF FORMER BY-LAWS MINOR VARIANCES TO BY-LAW AS AMENDED LOTS CREATED BY A WILL 1-2 SECTION 2.0 ESTABLISHMENT OF ZONES ZONES ZONE SYMBOLS ZONE SCHEDULES DETERMINING ZONE BOUNDARIES EXCEPTION ZONES HOLDING PROVISIONS DEFINITIONS LAND OWNERSHIP 2-4 SECTION 3.0 DEFINITIONS 3-1

3 SECTION 4.0 GENERAL PROVISIONS ACCESSORY BUILDINGS, STRUCTURES AND USES APARTMENT DWELLING UNIT ACCESSORY TO A COMMERCIAL USE BOATHOUSES DECKS DWELLING UNITS ENCROACHMENTS INTO REQUIRED YARDS EXCEPTIONS TO HEIGHT REQUIREMENTS FENCES FRONTAGE ON A PUBLIC STREET FRONTAGE ON A PRIVATE OR UNASSUMED STREET HOME INDUSTRY HOME OCCUPATIONS MINIMUM OPENING ELEVATION MULTIPLE USES ON ONE LOT MULTIPLE ZONES ON ONE LOT NON-COMPLYING BUILDINGS AND STRUCTURES NON-COMPLYING LOTS NON-CONFORMING USES PROHIBITED USES PUBLIC USES REDUCED YARD REQUIREMENT SIGHT TRIANGLE SERVICING ON VACANT LOTS SPECIAL SETBACKS SPECIAL HEIGHT PROVISIONS TEMPORARY USES WIND TURBINES 4-14 SECTION 5.0 PARKING AND LOADING PARKING AREA REQUIREMENTS SIZE OF PARKING SPACES AND AISLES LOCATION OF USE AND PARKING MORE THAN ONE USE ON A LOT PARKING AREA LOCATION ON A LOT PARKING OF COMMERCIAL MOTOR VEHICLES PARKING OF OVER-SIZED VEHICLES RESIDENTIAL PARKING REQUIREMENTS NON-RESIDENTIAL PARKING REQUIREMENTS REQUIRED PARKING FOR THE DISABLED LOADING SPACE REQUIREMENTS 5-4

4 SECTION 6.0 PERMITTED USES ZONES 6-1 Table A1 Environmental and Open Space Zones 6-1 Table A2 Residential Zones 6-2 Table A3 Commercial and Employment Zones 6-2 Table A4 Rural and Recreational Zones 6-4 Table A5 Other Zones 6-5 SECTION 7.0 ZONE STANDARDS ZONE STANDARDS 7-1 Table B1 Environmental and Open Space Zones 7-1 Table B2 Residential Zones 7-2 Table B3 Commercial and Employment Zones 7-3 Table B4 Rural and Recreational Zones (A, RU, UF, MR, MAR) 7-4 Table B5 Other Zones 7-5 SECTION 8.0 EXCEPTIONS 8-1 SECTION 9.0 HOLDING PROVISIONS 9-1 SECTION 10.0 TEMPORARY USES 10-1 SECTION 11.0 ENACTMENT 11-1

5 PREAMBLE INTRODUCTION This Preamble is divided into four sections as set out below: 1.0 Purpose of By-law 2.0 How to use this By-law 3.0 Description of By-law components 4.0 New Provisions 5.0 Descriptions of Zones 6.0 Drawings These pages do not form part of the Zoning By-law passed by Council and are intended only to make Zoning By-law more understandable and easier to reference. 1.0 PURPOSE OF THIS ZONING BY-LAW The purpose of Zoning By-law is to implement the policies of the Township of Tiny Official Plan. The Official Plan contains general policies that affect the use of land throughout the municipality. These policies specify where certain land uses are permitted and, in some instances, specify what regulations should apply to the development of certain lands. The Official Plan is a general document that is not intended to regulate every aspect of the builtform on a lot. In the Province of Ontario, this is the role of the Zoning By-law. Once an Official Plan is in effect, any Zoning By-law passed by Council must conform to the Official Plan. For example, if the Official Plan stated that lands in the vicinity of a significant natural feature are to remain in their natural state, the Zoning By-law would prohibit the erection of buildings or structures on those lands. Section 34 of the Planning Act, R.S.O c.p.13 as amended grants the statutory authority to Zone land. The Planning Act specifies what a By-law can regulate. A Zoning By-law can: prohibit the use of land or buildings for any use that is not specifically permitted by the By-law; prohibit the erection or siting of buildings and structures on a lot except in locations permitted by the By-law; regulate the type of construction and the height, bulk, location, size, floor area, spacing, and use of buildings or structures; regulate the minimum frontage and depth of a parcel of land; regulate the proportion of a lot that any building or structure may occupy; regulate the minimum elevation of doors, windows or other openings in buildings or structures; require parking and loading facilities be provided and maintained for a purpose permitted by the By-law; and, prohibit the use of lands and the erection of buildings or structures on land that is: subject to flooding; i

6 the site of steep slopes; rocky, low-lying, marshy or unstable; contaminated; a sensitive groundwater recharge area or head water area; the location of a sensitive aquifer; a significant wildlife habitat area, wetland, woodland, ravine, valley or area of natural and scientific interest; a significant corridor or shoreline of a lake, river or stream; or, the site of a significant archaeological resource. 2.0 HOW TO USE THIS BY-LAW In order to reference this By-law most easily, a property owner should follow each of the steps listed below to determine what permissions apply to their particular property. A. Locate the Property on a Map Maps in a Zoning By-law are called Schedules. The first step to using this By-law is to refer to the Zone schedules that are contained at the back of the By-law to determine in which Zone category your property is located. The Zone category will be indicated on the schedules by a symbol or abbreviation. For example, you may see a symbol such as HR beside your property. This would indicate that your property is within the Hamlet Residential Zone. The Zone symbols or abbreviations are explained on the first page of Section 2.0 (Establishment of Zones) of the By-law. Section 2.0 (Establishment of Zones) also provides assistance to help you identify the Zone boundaries on the schedules. For example, if your property appears close to a Zone boundary and you are not sure how to determine exactly where that boundary is located, refer to Section 2.4 (Determining Zone Boundaries) of the By-law. B. By-law Amendments A Zoning By-law is not a static document; it is amended over time as demands and policies governing land use change. Before proceeding any further, you should verify that your property is not the subject of an earlier Zoning By-law amendment. Some of these amendments are listed in Section 8.0 (Exceptions), Section 9.0 (Holding Provisions) and Section 10.0 (Temporary Uses) of this By-law. More recent amendments may not be included in the version of the By-law you are using. Staff in the Township s Planning Department will be able to assist you to confirm if your property has been subject to a more recent Zoning By-law amendment. C. Permitted Uses The next step to using this By-law is to determine what uses are permitted on your property. Section 6.0 (Permitted Uses) of the By-law identifies the permitted uses for each Zone in the municipality. The definitions in Section 3.0 (Definitions) can assist you if you are not sure of the nature of a use or how it has been defined for the purposes of this By-law. Words that are defined in Section 3.0 are italicized throughout the By-law. If ii

7 a word is not italicized, it is not specifically defined. Uses that are not identified as permitted uses within a particular Zone are not permitted in that specific Zone. D. Zone Standards Steps A, B and C have now identified the Zone(s) in which your property is located and have identified what uses are permitted on your property. The next step is to determine what standards may apply to the uses on your property. Section 7.0 (Zone Standards) of the By-law identifies the Zone Standards for each Zone in the municipality. This section will provide standards for minimum lot area, minimum lot frontage requirements, minimum setback requirements, maximum lot coverage for buildings, and the maximum permitted height of buildings. E. General Provisions Now that you are aware of the uses permitted on your property and the specific Zone Standards that apply to those uses, reference should be made to Section 4.0 (General Provisions) of this By-law. Section 4.0 contains a more generic set of standards known as General Provisions that apply to all properties in all Zones throughout the municipality. For example, the general provisions contain standards that regulate the construction of accessory structures, height exceptions and non-conforming/noncomplying uses that apply to all properties regardless of where in the municipality a property is located. F. Parking and Loading There is one final section of the By-law that should be consulted when determining what permissions apply to your specific property. Section 5.0 (Parking and Loading) provides the parking and loading requirements for all permitted uses in the municipality. If you are considering changing the use of your property or adding a new use to your property, you should review Section 5.0 to ensure that you are aware of the parking requirements for the proposed use. G. Holding Provisions A number of properties in the Township are zoned with a Holding Provision. The basis for the use of the Holding provision is in the Official Plan. The intent of a Holding provision is to ensure that a specific approval is obtained before development can occur. If your property has the (H) symbol associated with the zone symbol, you should review Section 2.6 (Holding Provisions) of the By-law to determine what is required to remove the (H). 3.0 DESCRIPTION OF BY-LAW COMPONENTS This By-law contains nine sections that together, provide the standards applicable to all lands within the municipality. These sections are as follows: Section 1.0 Interpretation and Administration Section 2.0 Establishment of Zones iii

8 Section 3.0 Definitions Section 4.0 General Provisions Section 5.0 Parking and Loading Section 6.0 Permitted Uses Section 7.0 Zone Standards Section 8.0 Exceptions Section 9.0 Holding Provisions Section 10.0 Temporary Uses Section 11.0 Minimum Distance Separation Formulae Section 12.0 Enactment The purpose of each of these sections is described below. Section 1.0 Interpretation and Administration This section of the By-law specifies: what lands are covered by the By-law; that every parcel of land in the area covered by the By-law is to conform and comply with the By-law; and, what penalties can be levied against a person or a corporation if they contravene any provision in the By-law. Section Establishment of Zones This section establishes the Zones that apply to the lands covered by the By-law. This section also describes how to determine the location of the Zone boundaries on the schedules. Section Definitions It is necessary to define words in a Zoning By-law because it is a legal document. A By-law must be drafted so that it can be enforced in a court of law. These definitions will help provide clarity in the By-law and ensure that the By-law and its intent are applied consistently. Section General Provisions This section contains a number of regulations that apply to certain types of uses, buildings or structures regardless of where in the municipality or in what Zone they are located. Section 5.0 Parking and Loading Parking and loading facilities are required for almost all uses within the municipality. This section provides the requirements for these facilities including such regulations as the number of spaces required for all uses, minimum driveway width, minimum parking space size and the location of parking facilities on a lot. iv

9 Section Permitted Uses This section lists the uses that are permitted in each Zone. The effect of these Zones is to only permit certain uses in various parts of the municipality. The only uses permitted in a Zone are those that are specified in the By-law. If a use is not specifically mentioned as a permitted use in a Zone then it is not permitted. Similarly, if a use is defined in Section 3.0 (Definitions) of the Bylaw but does not appear as a permitted use in any Zone, then it is not a use permitted on your property by the By-law. Section Zone Standards This section contains a number of regulations that control the placement, bulk and height of buildings and structures on a lot. This includes regulations such as minimum lot size, minimum lot frontage, maximum building height, setbacks from property lines or the maximum coverage of all structures on a lot. Section 8.0 Exceptions This section contains regulations that are specific to one property or a group of properties in the Township. For example, the minimum required front yard in a Zone may be 8.0 metres. The required front yard may be reduced to a lesser number if deemed appropriate and the mechanism to accomplish this reduction is by amending the By-law and excepting the property from the general standard. Exceptions to this By-law are provided in a consolidated list in Section 8.0 (Exceptions). Exceptions are denoted on the Zone Schedules by (-). Minor variances to the Bylaw may be obtained by making an application to the Township s Committee of Adjustment. Factors to consider in reviewing such an application include whether the variance: conforms with the general intent of the Official Plan; conforms with the general intent of the Zoning By-law; is appropriate for the development of the lot; and, is minor. Section 9.0 Holding Provisions This section contains provisions that apply to properties specifically approved for a use or uses, however conditions of approval have been imposed and are required to be implemented between The Municipality and the land owner prior to a Building Permit being issued. Section 10.0 Temporary Uses This section contains provisions that apply to temporary uses that are specifically permitted by Council for periods lasting up to three years, or in the case of a garden suite the period is up to ten years pursuant to Section 39 of the Planning Act R.S.O., 1990 c. P. 13 as amended. Once the time period in which the temporary use is permitted lapses, the temporary use is no longer considered a permitted use on the lands. v

10 Section 11.0 Enactment This section contains the signatures of the Mayor and the CAO/Clerk who signed the By-law when it was passed by Council in accordance with Section 34 of the Planning Act, R.S.O. 1990, c.p. 13. as amended. 4.0 NEW PROVISIONS A. Setbacks from Georgian Bay This By-law includes new setbacks from the flood hazard limit associated with Georgian Bay. This limit is established at the metre elevation. This flood hazard limit has been established by the Ministry of Natural Resources. The general setback for all main buildings and structures and any structure containing space that is used for human habitation is set at a minimum of 15 metres for any regular beach and if the beach is classified as dynamic, 45 metres from this elevation (178.0 metres) by this By-law, provided all openings are above an elevation of metres. This By-law applies the 45 metre setback to all of the Georgian Bay shoreline, since it all has been classified as a dynamic beach by the Ministry of Natural Resources. On the basis of the work completed by Baird & Associates in 2005, there are clearly portions of the shoreline that are not the site of a dynamic beach. However, the work completed by Baird & Associates was intended to provide a broad overview of where dynamic beaches are located and where they are not located and does not provide enough detail to determine the boundaries between dynamic and non-dynamic beaches. Instead, the work completed will provide the starting point for any property-specific analysis required to reduce the setback, if required. This new setback may, depending on the location of the metre elevation, affect a landowner s ability to expand any existing buildings in the shoreline area or construct new buildings for human habitation on vacant lots. On this basis, it is the intent of the Township to permit some limited redevelopment within this setback area and apply the setback to new development only. The following redevelopment/development is permitted by this By-law: 1. Any existing main building in the 45.0 metre setback area can be expanded, provided the maximum lot coverage permitted in the zone is not exceeded (25%). This expansion would only be allowed to occur if the additional habitable living area was not located between the main building and Georgian Bay. In addition, no part of the new habitable living area could be located within 15.0 metres of the metre elevation. 2. The By-law would allow for the development of a second storey on an existing structure. There would be no cap on the amount of additional habitable floor area in this case. In addition the development of the second storey could occur even if the building was within 15.0 metres of the metre elevation. vi

11 3. The By-law will permit the replacement of an existing building in exactly the same location. Additional floor space could be added on to the replaced building as well, in accordance with point number The erection of a deck would be permitted anywhere on the lot, provided no part of the deck was located within 15.0 metres of the metre elevation. Decks would continue to be subject to the yard requirements of the By-law. 5. New accessory buildings would be permitted anywhere on the lot in accordance with any other applicable provision in the By-law, provided they were located at least 15.0 metres away from the metre elevation. 6. Existing accessory buildings would be permitted to expand, no matter the location, by no more than 50% provided it complies with all provisions of the applicable zone. Any other development/redevelopment will require a minor variance. A minor variance is a term used to describe a minor change to the Zoning By-law. In order to provide the appropriate justification in support of a minor variance, the following information will need to be submitted: 1. The location of the metre elevation on the affected property has to be established. 2. In addition to the above, an assessment by a professional engineer regarding the location of the proposed building/addition and its possible impact from flood related hazards may be needed, depending on the scale of the development and its nature. Factors to be considered in this assessment include, but are not limited to: the existing and proposed grades on the property; the location of existing man-made structures on the property; the topography and vegetation on the property; the nature of any modifications made, or proposed to be made to the topography on the property; and, the nature and location of man-made structure(s) or other impediments to wave action that exist or are proposed. Following the submission of this information, the Committee of Adjustment would then be in a position to consider the request. The decision of the Committee of Adjustment may specify exactly where the building/addition can be located on the property and under what conditions. B. The Zoning of Land Adjacent to the Shoreline The Official Plan places all lands immediately adjacent to the shoreline within the Environmental Protection Two designation. This designation does not permit the development of buildings or structures in order to protect the sensitive nature of nearshore areas and the character of shoreline areas. The extent of the Environmental Protection designation within the Official Plan is not defined. On this basis, it is up to the Zoning By-law to determine the required setback from the 178 metre elevation. vii

12 The delineation of the boundary of the EP2 designation on the schedules to the By-law is problematic for the following reasons: 1. The location of the metre elevation has not been mapped; 2. The average high water mark demarcation that was used to delineate the boundaries of the former Open Space Zone in By-law in the shoreline area is no longer considered to be acceptable from a legal perspective and therefore cannot be used as the basis for delineating a zone boundary; 3. The location of lot lines in the shoreline area, particularly in relation to the water s edge, has not been defined in some areas and in some cases is under review; and, 4. There is no other readily identifiable line on a map that can be used to delineate the zone boundary. On the basis of the above, this By-law contains provisions that state that the water s edge is located where the lot line closest to the water s edge is as shown on registry or assessment mapping. As a result, there is no EP2 Zone, and lands are zoned to the edge of the lots/blocks as shown on registry or assessment mapping as appropriate. It should be noted that the main control on building in the shoreline area will continue to be the restrictions that emanate from the location of the metre G.S.C. elevation. C. Holding Provisions in Shoreline Areas (H1) Section B6.5.4 of the Official Plan states that all lots with sewage disposal systems older than 1974 that were formerly zoned Seasonal Residential (SR) by By-law as amended shall be subject to a Holding symbol (H1). The intention of the Holding symbol is to recognize that certain improvements to a private sewage disposal system may be required to facilitate the dwelling s continued use in an environmentally responsible manner. In addition, it is the further intent of the Holding symbol to prohibit the enlargement, renovation or addition to the habitable area of a seasonal dwelling until confirmation that the sewage treatment system servicing the dwelling conforms to current standards is obtained. The types of improvement that are affected by this policy include: a) The enlargement, renovation or addition to a dwelling unit requiring a permit under the Building Code Act; and/or, b) The development of additional plumbing fixtures; and/or, c) The development of an in-ground swimming pool; and/or, d) The development of a deck in the same yard as the septic system; and/or, viii

13 e) The development or enlargement of an accessory building containing habitable living area. The Holding provision shall be removed by Council if: i) confirmation is received that the private sewage disposal system appears to be functioning properly, is adequately sized and set back from buildings, lot lines and sources of water for the existing use of the property; and/or ii) confirmation is received that any of the improvements planned on a property can be appropriately serviced by the existing or improved private septic system. In addition, confirmation must be received that indicates the well servicing the dwelling, if there is a well supplying water to the dwelling, is located on the same lot as the dwelling. If the well servicing the dwelling is not located on the same lot, an agreement in the form of an easement approved by the Committee of Adjustment is required. D. Holding Provisions on Private or Unassumed Roads (H2) Section D2.5 of the Official Plan deals with private or unassumed roads. This section states that lots on private or unassumed roads shall be placed in a Limited Service Zone and be subject to site plan control. In order to ensure that a site plan agreement is entered into, such lands are subject to a Holding provision by this By-law. It is not the intent of this Plan to control the siting of building or structures on the lot, unless it is deemed by Council that issues relating to buffering, building placement and/or drainage should be dealt with in the context of a Site Plan Agreement. Prior to considering a Site Plan Agreement, Council shall be satisfied that: a) The use of the lot is permitted by the implementing Zoning By-law; b) The lot and all buildings and structures on the lot comply with the implementing Zoning By-law; and, c) The sewage disposal system is operating in accordance with current standards and that the use is serviced by an appropriate water supply on the same lot. The Site Plan Agreement shall contain wording that indicates that: i) the owner acknowledges and agrees that the lot in question does not front on an improved public road; ii) iii) the owner acknowledges and agrees that the Township does not or is not required to maintain or snowplow the said road or street; the owner acknowledges and agrees that the Township will not take over or assume a private road or street as a Township public road or street unless it has been built according to an appropriate road standard; and, ix

14 iv) the owner acknowledges and agrees that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a building permit. E. Holding Provisions Adjacent to Waste Disposal Sites (H3) Section D6 of the Official Plan includes policies that are intended to ensure that development adjacent to open and closed waste disposal sites can occur only if it can be shown that the use will not be affected by waste disposal activities. It is on this basis that this By-law places a holding provision on all lands within the affected area adjacent of the edge of the fill area. No development is permitted within this area until the studies listed in Section D6 of the Official Plan have been completed. In cases where an application to remove a holding provision has been submitted, Council would consider the lifting of the hold as it relates to the amount and type of development proposed at the time of application. F. Non-Conforming Uses A legal non-conforming use is a use of land and/or building that legally existed on November 4, 1966, the date By-law 1530, as amended came into effect under the Planning Act. If a use was legally initiated on a property between November 4, 1966 and the date this By-law came into effect, but the use is no longer permitted by this By-law, the use is considered to be legal non-conforming use, provided the use was in existence when this By-law came into effect and provided the use continues on the property. G. Non Complying Buildings and Structures A legal non-complying building or structure is a building or structure that was legally erected in the location it was in when By-law 1530, as amended comes into effect under the Planning Act on November 4, If a building was legally erected between November 4, 1966 and the date this By-law came into effect and it does not comply with one or more provisions of this By-law when this By-law came into effect, it is considered to be a legal non-complying building. H. Wind Turbines New provisions on wind turbines have been included within the by-law to provide opportunities for landowners to build no more than one wind turbine on a lot. Anyone wishing to develop more than one wind turbine on a lot will have to obtain a rezoning. I. Minor Variances to By-law In order to ensure that all minor variances that were granted pursuant to By-law continue to be recognized, this By-law includes provisions that ensure that building permits can continue to be issued in accordance with a legally acquired minor variance from the Township of Tiny Committee of Adjustment. x

15 5.0 DESCRIPTIONS OF ZONES Below is a description of the zones that are contained within this By-law Environmental Protection One (EP1) Zone This zone applies to all lands that are designated Environmental Protection One by the Township of Tiny Official Plan. Most of the lands within this category are considered to be wetlands. No development is permitted within this zone. Environmental Protection Three (EP3) Zone This zone applies to the Nipissing Ridge. No development is permitted within this zone and all adjacent development is required to be set back a certain distance from both the top and bottom of the ridge. Open Space (OS) Zone This zone applies to public lands that are owned by the Federal government, the Province of Ontario, the County of Simcoe or the Township of Tiny. Open Space One (OS1) Zone This zone applies to private open space/recreational including areas of user common in subdivisions. Rural Residential (RR) Zone This zone applies to the smaller rural lots in the agricultural and rural area. Only residential uses are permitted on these properties. Country Residential (CR) Zone This zone applies to the developed Country/Estate Residential subdivisions where larger lots and homes are permitted. Shoreline Residential (SR) Zone This zone applies to all residential lots within the shoreline area adjacent to Georgian Bay and Farlain Lake. Uses are restricted to single detached dwellings in this zone. Limited Service Residential (LSR) Zone This zone applies to lands that are not accessed by a public assumed road. The provisions for the (LSR) zone are exactly the same as the Shoreline Residential (SR) zone. xi

16 Hamlet Residential One (HR1) Zone This zone applies to land within each of the five settlement areas that are developed with low density residential uses, such as single detached dwellings, semi detached dwellings and duplexes. Hamlet Residential Two (HR2) Zone This zone applies to lands within each of the five settlement areas that are developed with residential uses other than those permitted in the Hamlet Residential One (HR1) zone. Shoreline Commercial (SC) Zone This zone applies to lands along the shoreline that are currently used for commercial establishments. Marina (MA) Zone This zone applies to lands that are occupied with existing marinas within the Township. Hamlet Commercial (HC) Zone This zone applies to lands that are currently used for commercial purposes in the five settlement areas. A wide range of commercial uses are permitted in this zone. Hamlet Employment (HE) Zone This zone applies to lands that are used for industrial purposes in the five settlement areas. A range of industrial uses are permitted within this zone. Rural Employment (RE) Zone This zone applies to lands within the rural area that are currently the site of an industrial use. Rural Commercial (RC) Zone This zone applies to lands within the rural area that are used for commercial purposes. Agricultural (A) Zone This zone applies to lands which are designated Agricultural by the Official Plan. The primary use in this zone is agriculture. xii

17 Rural (RU) Zone This zone applies to lands that are designated Rural by the Official Plan. Greenbelt (GB) Zone This zone applies to lands that are designated Greenbelt by the Official Plan. Only uses on existing lots of record are permitted within this zone. Major Recreation (MR) Zone This zone applies to lands designated Major Recreation that are shown on the Land Use Schedule to the Official Plan. Mineral Aggregate (MAR) Zone This zone applies to lands that are currently the site of a pit/quarry that is licensed by the Ministry of Natural Resources. Urban Fringe (UF) Zone This zone applies to lands designated Urban Fringe in the Official Plan and located adjacent to the Towns of Midland and Penetanguishene. Institutional (I) Zone This zone applies to existing institutional uses within the Township, whether they are in a rural or settlement area. Future Development (FD) Zone This zone applies to lands that are identified in the Official Plan as being suitable in principle for additional lot creation. Waste Disposal (WD) Zone This zone applies to lands which are the site of open waste disposal sites. Waste Disposal One (WD1) Zone This zone applies to lands, which are the site of closed waste disposal sites. 6.0 DRAWINGS The drawings on the next pages illustrate some of the concepts in this By-law. xiii

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28 THE CORPORATION OF THE TOWNSHIP OF TINY BY-LAW WHEREAS it is considered desirable to control development within the Township of Tiny in accordance with the Official Plan and to prohibit the use of land and the erection and use of buildings or structures except for certain purposes, and to regulate the type of construction and the height, bulk, location, size, floor area, character and use of buildings in accordance with the provisions of Section 34 of the Planning Act, R.S.O c.p. 13 as amended; NOW THEREFORE the Council of The Corporation of The Township of Tiny enacts as follows:

29 SECTION 1.0 INTERPRETATION AND ADMINISTRATION 1.1 TITLE This By-law may be referred to as the Township of Tiny Zoning By-law (this bylaw) and applies to all lands within the Township of Tiny. 1.2 CONFORMITY AND COMPLIANCE WITH BY-LAW No person shall change the use of any building, structure or land or erect or use any building or structure or occupy any land or building except in accordance with the provisions of this By-law. Any use not specifically permitted by this By-law shall not be permitted in the Township of Tiny. 1.3 BUILDING PERMITS The requirements of this By-law must be met before a building permit is issued for the erection, addition to or alteration of any building or structure. 1.4 INTERPRETATION Nothing in this By-law shall serve to relieve any person from any obligation to comply with the requirements of any other By-law of the Township of Tiny or any other requirement of the County of Simcoe, the Province of Ontario or the Government of Canada that may affect the use of lands, buildings or structures in the municipality. 1.5 ENFORCEMENT Any person convicted of a violation of this By-law is liable, on first conviction to a fine of not more than $25,000 and on the subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. Any Corporation convicted of a violation of this By-law is liable, on first conviction to a fine of not more than $50,000 and on a subsequent conviction to a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. 1-1

30 1.6 SEVERABILITY A decision of a court that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness or enforceability of the other provisions or parts of the provisions of this By-law. 1.7 EFFECTIVE DATE This By-law shall come into force the day it was passed if no appeals are received. If an appeal(s) is received, this By-law, or portions thereof, shall come into force upon the approval of the Ontario Municipal Board and in accordance with the provisions of the Planning Act R.S.O c.p. 13 as amended. 1.8 REPEAL OF FORMER BY-LAWS By-law of the Township of Tiny and all Amendments to By-law are hereby repealed. 1.9 MINOR VARIANCES TO BY-LAW AS AMENDED Where the Committee of Adjustment of the Township of Tiny or the Ontario Municipal Board has authorized a minor variance from the provisions of By-law as amended, in respect of any land, building or structure and the decision of the Committee of Adjustment of the Township of Tiny or the Ontario Municipal Board authorizing such minor variance has become final and binding prior to the enactment of this By-law, the provisions of this By-law, as they apply to such land, building or structure, shall be deemed to be modified to the extent necessary to give effect to such minor variance LOTS CREATED BY A WILL A lot created by a Will after July 26, 1990 does not qualify for a building permit. If a lot created by a Will was created on or before July 26, 1990, a building permit may be available provided all other applicable provisions in this By-law are met. 1-2

31 SECTION 2.0 ESTABLISHMENT OF ZONES 2.1 ZONES The Provisions of this By-law apply to all lands within the limits of the Township of Tiny. All lands in the Township are contained within one or more of the following Zones: ZONE SYMBOL Environmental and Open Space Zones Environmental Protection One Environmental Protection Three Open Space Open Space One EP1 EP3 OS OS1 Residential Zones Rural Residential Country Residential Shoreline Residential Limited Service Residential Hamlet Residential One Hamlet Residential Two RR CR SR LSR HR1 HR2 Commercial and Employment Zones Shoreline Commercial Marina Hamlet Commercial Hamlet Employment Rural Employment Rural Commercial SC MA HC HE RE RC Rural and Recreational Zones Agricultural Rural Greenbelt Major Recreation Mineral Aggregate Urban Fringe A RU GB MR MAR UF 2-1

32 Other Zones Institutional Future Development Waste Disposal Waste Disposal I I FD WD WDI 2.2 ZONE SYMBOLS The Zone symbols may be used to refer to lots, buildings and structures and to the use of lots, buildings and structures permitted by this By-law. 2.3 ZONE SCHEDULES The Zones and Zone boundaries are shown on Schedules A-1 to A-48 and B-1 to B-12 and C-1 to C-25 that are attached to and form part of this By-law. 2.4 DETERMINING ZONE BOUNDARIES When determining the boundary of any Zone as shown on any Schedule forming part of this By-law, the following provisions shall apply: i) a boundary indicated as following a highway, street, lane, railway rightof-way, utility corridor or watercourse shall be the centre-line of such highway, street, lane, railway right-of-way, utility corridor or watercourse; ii) iii) iv) a boundary indicated as substantially following lot lines shown on a Registered Plan of Subdivision, or the municipal boundaries of the Township of Tiny shall follow such lot lines; where a boundary is indicated as running substantially parallel to a street line and the distance from the street line is not indicated, the boundary shall be deemed to be parallel to such a street line and the distance from the street line shall be determined according to the scale shown on the Schedule(s); where a lot falls into two or more Zones, each portion of the lot shall be used in accordance with the provisions of this By-law for the applicable Zone; and, v) where none of the above provisions apply, the Zone boundary shall be scaled from the Schedule(s). In no case is a Zone boundary dividing a lot into two or more Zone categories intended to function as a property boundary. 2-2

33 2.5 EXCEPTION ZONES Where a Zone symbol on the attached Schedule(s) is followed by one or more numbers following the dash (-) symbol, such as SR-1, the numbers following the dash (-) symbol refer to subsections in Section 8.0 (Exceptions) of this By-law that apply to the lands noted. 2.6 HOLDING PROVISIONS Notwithstanding any other provision in this By-law, where a Zone symbol is followed by the letter (H), no person shall use the land to which the letter (H) applies for any use other than the use which existed on the date this By-law was passed, until the (H) is removed in accordance with the provisions of this section, the policies of the Official Plan and the requirements of the Planning Act, R.S.O c.p. 13, as amended. The only exception in this regard is the Holding Three A (H3A) provision, which only applies under the circumstances outlined in Section Site Specific or Area-Specific Holding Provisions Lands formerly zoned Seasonal Residential (SR) by By-law as amended The Holding (H1) provision affecting developed lots that were formerly zoned Seasonal Residential (SR) by By-law as amended may be lifted once Council is satisfied that: a) Confirmation is received that the private sewage disposal system appears to be functioning properly, is adequately sized and set back from buildings, lot lines and sources of water for the existing use of the property; and/or b) Confirmation is received that any of the improvements planned on a property can be appropriately serviced by the existing or improved private septic system; and, c) Confirmation is received that the private well servicing the dwelling unit, if there is one, is located on the same lot as the dwelling unit Lands located on private or unassumed roads The Holding (H2) provision applying to lots on private streets or streets which have not been assumed for maintenance purposes by the municipality may be lifted once an appropriate site plan agreement has been entered into pursuant to Section D2.5.2 (Conditions Under Which Development is Permitted on Private Roads) of the Official Plan. 2-3

34 Lands adjacent to open or closed waste disposal sites The Holding (H3) provision applying to lands within the assessment area of an open or closed waste disposal site may be lifted once Council is satisfied that the proposed use will be compatible with the waste disposal site in accordance with Section D6 (Waste Disposal Sites) of the Official Plan Lands within the downgradient groundwater assessment area of a closed waste disposal site. The Holding (H3A) provision applying to lands within the downgradient groundwater assessment area of a waste disposal site only applies where there is a building permit or planning application, which relates to a change requiring a new groundwater well or a doubling or more in water demand from an existing well(s) and where the well is located within the Holding (H3A) Zone. The existing and future water demand will be based on the existing plumbing fixtures present and the future plumbing fixtures proposed, or equivalent for other uses (e.g., agricultural). Where the Holding (H3A) provision applies, the applicant shall provide a copy of the water well record of any new well from which the water supply is obtained. In cases where there is a new groundwater well or a doubling or more in water demand from an existing well, groundwater quality shall be tested by an accredited laboratory and assessed by a qualified professional hydrogeologist or engineer and shall include comments on the location of the well intake screen with respect to the landfill and available hydrogeological information. The scope of the testing must consist of, at a minimum, a four hour pumping test at the proposed peak demand pumping rate. Water samples shall be collected in the first hour and the end of the test pumping period. Chemical analysis of the water samples must include, at a minimum, typical general inorganic water quality indicator, major ion and metal parameters and volatile organic compounds Other Properties Properties subject to a Holding provision other than H1, H2, H3, and H3A are listed in Section 9.0 (Holding Provisions) of this By-law. 2.7 DEFINITIONS For the convenience of the reader, all terms that are italicized in this By-law are defined in Section 3.0 (Definitions). 2.8 LAND OWNERSHIP No representation or implication is made by the Township nor should any inference be drawn from the Schedules attached to this By-law as to the ownership of private land and/or rights of access to such land. Ownership and access rights are legal matters that fall solely within the purview of a court of competent jurisdiction. 2-4

35 SECTION 3.0 DEFINITIONS ACCESSORY APARTMENT DWELLING UNIT Means a secondary dwelling unit in a detached dwelling and which is accessory to the principal use on the lot. ACCESSORY BUILDING OR STRUCTURE Means a detached building or structure, the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot. ACCESSORY USE Means a use that is naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use on the same lot. AGRICULTURAL BUILDING Means a building or structure, other than a barn, that is used to store agricultural equipment and/or to grow specialty crops and/or from which agricultural products are sold and includes a greenhouse. AGRICULTURAL SUPPORT USE Means premises used for the storing, blending and distributing agricultural support products such as fertilizers, seed and agricultural chemicals. AGRICULTURAL USE Means the use of land for the growing, producing, keeping or harvesting of farm products. AGRICULTURAL INTENSIVE USE Means the use of land for the purpose of raising livestock such as poultry or cattle for consumption and may include a feedlot. 3-1

36 AGRICULTURAL SPECIALIZED USE Means lands where specialty crops such as tender fruits (peaches, cherries, apples, plums, grapes), other fruit crops, ginseng, vegetable crops and greenhouse crops are predominantly grown, usually resulting from: soils that have suitability to produce specialty crops, or lands that are subject to special climatic conditions, or a combination of both; and/or a combination of farmers skilled in the production of specialty crops, and of capital investment in related facilities to produce, store or process specialty crops. An agricultural specialized use may also consist of a market garden where the products that are grown on the lot are sold. AIRPORT Means an area of land used for the landing, storing and taking off of aircraft and their passengers and/or freight and may include, as accessory uses, ticket office, restaurants, parcel shipping facilities, customs, business offices and retail stores. ALTERATION Means any modification to the structural component of a building or structure that results in a change of use, or any increase or decrease in the volume or floor area of a building or structure. ASSEMBLY HALL Means premises used for the gathering together of a number of persons for charitable, civic, cultural, educational, fraternal, religious, political, recreational, social or like purposes, and may include facilities for the consumption of food or drink, but not for any commercial purpose. BALCONY Means a partially enclosed platform projecting from the main wall of a building which is not supported by vertical uprights other than the wall itself and which is only accessible from within the building. BARN Means a building that is designed to shelter animals such as cattle, poultry, horses or swine. BED AND BREAKFAST ESTABLISHMENT Means a part of a single detached dwelling unit in which not more than three bedrooms are used or maintained for the accommodation of the traveling public, in which the owner of the dwelling unit resides and supplies lodgings with or without meals for hire or pay but does not include a group home or tourist establishment. 3-2

37 BLOCK Means a parcel of land that is registered as a legally conveyable parcel of land in the Registry/ Land Titles office. BOARDING HOUSE Means a dwelling unit, containing not more than ten guest rooms which are maintained for the accommodation of the public, in which the owner or lessee supplies, for hire or gain, lodgings with or without meals but does not include any other establishment otherwise defined or classified in this By-law. BOARDING KENNEL Means premises where dogs are boarded or kept for the purpose of breeding or where dogs are kept solely for the purpose of entering into dog sled or other similar races. BOATHOUSE Means a detached accessory building or structure which is designed or used for the sheltering of watercraft and watercraft-related equipment but does not include open walkways or uncovered docking facilities. B BUFFER AREA LANDFILLING SITE 06/04/24 Shall mean the area owned or controlled by a Landfilling Site operator that is not the waste fill area as set out in a C. of A. in which only uses accessory to the depositing and Landfilling activities carried on in the waste fill area are permitted. BUILDING Means a structure occupying an area greater than 10 square metres consisting of any combination of a wall, roof and floor, or a structural system serving the function thereof, including all associated works, fixtures and service systems. BUILDING, APARTMENT Means a building containing three or more dwelling units that share a common external access to the outside through a common vestibule and a common corridor system. BUILDING, MAIN Means a building that functions as the building in which the principal use of the lot is carried out. BUILDING SUPPLY OUTLET Means premises where building, construction and home improvement materials are offered or kept for retail sale. 3-3

38 BULK FUEL DEPOT Means premises where petroleum, gasoline, fuel, oil, gas or flammable liquid or fluid is stored, warehoused and/or kept for retail sale. BUNKIE B08-69 Means an accessory building or structure that is designed to provide sleeping accommodations 08/10/15 and which does not contain any plumbing, sanitary or cooking facilities and is not to form part of any other building or structure. See Section Bunkie for additional provisions. BUSINESS OFFICE Means premises used for conducting the affairs of businesses, professions, services, industries, governments, or like activities, in which the chief product of labour is the processing and/or storage of information rather than the production and distribution of goods. CERTIFICATE OF APPROVAL B C. of A. shall mean a Certificate of Approval issued by the Director of the Ministry of the 06/04/24 Environment pursuant to Sections 9 and 27 of the Environmental Protection Act, R.S.O c. E.19 or successor legislation permitting the owner of a Landfilling Site to use, operate, establish, alter or extend a Landfilling Site containing terms and conditions of compliance stated therein. CAMPGROUND Means premises consisting of at least five camping sites for the overnight and/or temporary camping or parking of travel trailers, truck campers, or tents for recreational or vacation use and designed for seasonal occupancy only. CARPORT Means a building or structure that is not wholly enclosed, and is used for the parking or storage of one or more private motor vehicles. CAR WASH Means premises where motor vehicles are washed by hand or mechanical means. CEMETERY Means a cemetery or columbarium within the meaning of the Cemeteries Act, as amended. COMMERCIAL SCHOOL Means a school conducted for gain, where students are taught a trade or profession. 3-4