TOWNSHIP OF TINY ZONING BY-LAW PREPARED BY:

Transcription

1 ZONING BY-LAW PREPARED BY: DRAFT August 25, 2003, 2003

2 TABLE OF CONTENTS PREAMBLE INTRODUCTION PURPOSE OF THIS ZONING BY-LAW HOW TO USE THIS BY-LAW DESCRIPTION OF BY-LAW COMPONENTS NEW PROVISIONS DESCRIPTION OF ZONES i i ii iii v viii xii 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 3 SECTION 2.0 ESTABLISHMENT OF ZONES ZONES ZONE SYMBOLS ZONE SCHEDULES DETERMINING ZONE BOUNDARIES EXCEPTION ZONES HOLDING PROVISIONS DEFINITIONS 7 SECTION 3.0 DEFINITIONS 8 SECTION 4.0 GENERAL PROVISIONS ACCESSORY BUILDINGS, STRUCTURES AND USES APARTMENT DWELLING UNIT ACCESSORY TO A COMMERCIAL USE BOATHOUSES DECKS DWELLING UNITS 36

3 4.6 ENCROACHMENTS INTO REQUIRED YARDS EXCEPTIONS TO HEIGHT REQUIREMENTS FRONTAGE ON A PUBLIC STREET FRONTAGE ON A PRIVATE 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 FRONT YARD REQUIREMENT SIGHT TRIANGLE SERVICING ON VACANT LOTS SPECIAL SETBACKS SPECIAL HEIGHT PROVISIONS TEMPORARY USES 44 SECTION 5.0 PARKING AND LOADING PARKING AREA REQUIREMENTS SIZE OF PARKING SPACES AND AISLE 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 49 SECTION 6.0 PERMITTED USES ZONES 51 Table A1 Environmental Open Space Zones 51 Table A2 Residential Zones 52 Table a3 Commercial and Employment Zones 53 Table A4 Rural and Recreational Zones 55 Table A5 Other Zones 56 SECTION 7.0 ZONE STANDARDS 57

4 7.1 ZONES 57 Table B1 Environmental and Open Space Zones 58 Table B2 Residential Zones 59 Table B3 Commercial and Employment Zones 61 Table B4 Rural and Recreational Zones (A, RU, UF, MR, MAR) 63 Table B5 Other Zones 65 SECTION 8.0 TEMPORARY USE 66 SECTION 9.0 EXCEPTIONS 67 SECTION ENACTMENT 68

5 PREAMBLE INTRODUCTION These pages explain the purpose of this zoning by-law and how it should be used. These pages do not form part of the zoning by-law passed by Council and are intended only to make the zoning by-law more understandable and easier to reference. Preamble i Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

6 PURPOSE OF THIS ZONING BY-LAW The purpose of this 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 private 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 Ontario Planning Act 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 bylaw; 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; 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. Preamble ii Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

7 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. 1. 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 bylaw. Section 2.0 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 of the by-law. 2. 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 (Temporary Uses) and Section 9.0 (Exceptions) 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 by-law amendment. 3. 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 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 Zone. 4. Zone Standards Steps 1 and 2 have now identified the Zone 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 Preamble iii Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

8 minimum lot area, minimum frontage requirements, minimum yard requirements, maximum lot coverage for buildings, and the maximum permitted height of buildings. 5. 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 bylaw. 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/non-complying uses that apply to all properties regardless of where in the municipality a property is located. 6. 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. 7. 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 of the By-law to determine what is required to remove the (H). Preamble iv Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

9 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 Interpretation and Administration Section 2 Establishment of Zones Section 3 Definitions Section 4 General Provisions Section 5 Parking and Loading Section 6 Permitted Uses Section 7 Zone Standards Section 8 Temporary Uses Section 9 Exceptions Section 10 - 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. Preamble v Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

10 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. 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 of the by-law but does not appear as a permitted use in any Zone, then it is not a use permitted 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 frontage, maximum building height, setbacks from property lines or the maximum coverage of a building on a lot. Section 8.0 Temporary Uses This section contains provisions that apply to temporary uses that are specifically permitted by Council for periods lasting up to three years pursuant to Section 39 of the Planning Act. 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. Section 9.0 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 9.0 (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. Preamble vi Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

11 Section 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. Preamble vii Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

12 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 178 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 15 metres from this elevation by this By-law, provided all openings are above an elevation of metres. As noted above, the 15 metre setback applies to main buildings on a lot and any building that will be used for human habitation. The establishment of accessory buildings, swimming pools, attached and detached decks and detached garages are permitted within this setback area, provided no part of these structures is located within 8 metres of the boundary of the Environmental Protection Two (EP2) Zone shown on the schedules to this By-law. The one type of structure that is further exempt from this provision is boathouses, which can be built within 0.0 metres of the EP2 Zone boundary. This new setback will affect a landowner s ability to expand any existing buildings in the shoreline area or construct new buildings for human habitation on vacant lots. However, existing buildings within the setback area can be replaced in the same location or expanded upwards without having to amend the by-law. Any other change 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 178 metre elevation on the affected property has to be established. 2. An assessment by a professional engineer regarding the location of the proposed building/addition and its possible impact from flood related hazards is needed. 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. Holding Provisions in Shoreline Areas (H1) Section B6.5.4 of the Official Plan states that all lots that were formerly zoned Seasonal Residential (SR) by By-law 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. Preamble viii Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

13 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; or, b) The development of additional plumbing fixtures; 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 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 C. Holding Provisions on Private Roads (H2) Section D2.5 of the Official Plan deals with private roads. This section states that lots on private 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. Preamble ix Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

14 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) iv) 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, 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. D. 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 500 metres 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. E. Non-Conforming Uses A legal non-conforming use is a use of land and/or building that legally existed on the date by-law comes into effect under the Planning Act. To be legal, the use must have been permitted on the lands in the zoning by-law that was in effect before by-law came into effect. Alternatively, if the use has existed on the lands for a considerable number of years, the use may be legal if it was legally established before the first by-law for the Township of Tiny was passed in F. 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 comes into effect under the Planning Act. To be legal, the location of the building or structure must have been authorized on the lands in the zoning by- Preamble x Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

15 law that was in effect before by-law came into effect. Alternatively, if the building or structure existed on the lands for a considerable number of years, the building or structure may be legal if it was legally erected before the first by-law for the Township of Tiny was passed in Preamble xi Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

16 DESCRIPTIONS OF ZONES Below is a description of the zones that are contained within this By-law Environmental Protection One Zone (EP1) 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 Two Zone (EP2) This zone applies to all lands located between what is shown on assessment maps provided by the Province of Ontario as being the rear lot line of lots backing on to Georgian Bay. This line generally corresponds with the high water mark that exists on many of the registered plans of subdivision in the Township. This Zone implements the Official Plan, which places the entire shoreline of Georgian Bay within the Environmental Protection Two designation. The development of buildings and structures within this zone is not permitted. Environmental Protection Three Zone (EP3) 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 Municipality. Lands that may be owned by the Municipality along the shoreline are located within the EP2 Zone. Open Space One (OS1) Zone This zone applies to lands that have been confirmed as being owned 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 located to the west of Penetanguishene and to the south of Wyevale. Larger homes are permitted within this zone. Preamble xii Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

17 Shoreline Residential (SR) Zone This zone applies to all residential lots within the shoreline area adjacent to Georgian Bay and Fairlain 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 road. The provisions for the LSR zone are exactly the same as the Shoreline Residential zone. 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 that are developed with residential uses other than those permitted in the Hamlet Residential One zone. Shoreline Commercial (SC) Zone This zone applies to lands along the shoreline that are currently used for commercial uses. Marina (MA) Zone This zone applies to the existing marinas within the Township. Hamlet Commercial Zone This zone applies to lands that are currently used for commercial purposes in the five rural settlement areas. A wide range of commercial uses is permitted in this zone. Hamlet Employment Zone This zone applies to lands that are used for Industrial purposes in the five rural settlements. A range of industrial uses is 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 that are used for commercial purposes in the rural area. Preamble xiii Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

18 Agricultural (A) This zone applies to lands which are designated Agricultural by the Official Plan. The primary use in this zone is agriculture. Rural (RU) 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 the major recreational areas in the Township that are shown on the Schedule to the Official Plan. Mineral Aggregate (MAR) Zone This zone applies to lands that are currently the site of a pit that is licensed by the Ministry of Natural Resources. Urban Fringe (UF) Zone This zone applies to lands designated Urban Fringe and located adjacent to the Towns of Midland and Penetanguishene. Permitted uses within the Urban Fringe are the same as the Agricultural zone. Institutional (I) Zone This zone applies to existing institutional uses within the Township, whether they are in a rural or urban setting. 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 or closed waste disposal sites in the Township of Tiny, as shown on Schedule A to the Official Plan. Preamble xiv Township of Tiny Draft Zoning By-law August 25, 2003 Prepared by

19 THE CORPORATION OF THE 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 structure 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 cp. 13 as amended; NOW THEREFORE the Council of The Corporation of The Township of Tiny enacts as follows: DRAFT ZONING BY-LAW 1

20 SECTION 1.0 INTERPRETATION AND ADMINISTRATION 1.1 TITLE This By-law may be referred to as the Township of Tiny Zoning By-law 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. DRAFT ZONING BY-LAW 2

21 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 as amended. 1.8 REPEAL OF FORMER BY-LAWS By-law of the Township of Tiny, as amended, and all Amendments to Bylaw are hereby repealed. DRAFT ZONING BY-LAW 3

22 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 and within 100 metres from the water s edge into Georgian Bay. 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 Two Environmental Protection Three Open Space Open Space One EP1 EP2 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 A RU GB MR DRAFT ZONING BY-LAW 4

23 Mineral Aggregate Urban Fringe MAR UF Other Zones Institutional Future Development Waste Disposal I FD WD 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 through 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; 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 Zones intended to function as a lot line. DRAFT ZONING BY-LAW 5

24 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 Planning Act, as amended Site Specific or Area-Specific Holding Provisions Lands formerly Zoned Seasonal Residential (SR) by By-law The Holding provision applying to developed lots that were formerly zoned Seasonal Residential (SR) by By-law 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, if there is one, is located on the same lot as the dwelling Lands located on private roads. The Holding provision applying to lots on private roads or roads which have not been assumed for maintenance purposes may be lifted once an appropriate site plan agreement has been entered into pursuant to Section D2.5.2 of the Official Plan Lands adjacent to open or closed waste disposal sites The Holding provision applying to lands within 470 metres of the property boundary of an open waste disposal site or to lands within 500 metres of the boundary of the fill area of a closed waste disposal site may be lifted once DRAFT ZONING BY-LAW 6

25 Council is satisfied that the proposed use will be compatible with the waste disposal site in accordance with Section D6 of the Official Plan. 2.7 DEFINITIONS For the convenience of the reader, all terms that are italicized in this By-law are defined in Section 3.0 of this By-law. DRAFT ZONING BY-LAW 7

26 SECTION 3.0 DEFINITIONS ACCESSORY APARTMENT DWELLING UNIT Means a secondary dwelling unit in a building containing a detached dwelling and which is accessory to the principal use of 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 USE, INTENSIVE Means the use of land for the purpose of raising livestock such as poultry or cattle for consumption and may include a feedlot. AGRICULTURAL USE, SPECIALIZED Means lands where specialty crops such as tender fruits (peaches, cherries, apples, plums), grapes, other fruit crops, ginseng, vegetable crops and greenhouse crops and are predominantly grown, usually resulting from: DRAFT ZONING BY-LAW 8

27 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. A specialized agricultural use may also consist of a market garden where the products of a specialized agricultural use 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 offices, restaurants, parcel shipping facilities, customs offices, business offices and retail stores. AIRPORT APPROACH SURFACE Means a surface of 304 metres in width, commencing at a point 90 metres beyond the end or threshold of the airport runway and extending upwards along the extended runway centerline at a ratio of 1:50 and which surface broadens uniformly to a width of 1,219 metres at a distance of 3,048 metres. AIRPORT BASIC STRIP Means the land area containing one or more runways plus additional graded land on both sides and both ends of the runway or runways. AIRPORT HORIZONTAL SURFACE Means the horizontal surface contained in a horizontal place 45 metres above the elevation of the airport reference point and its outer limits are located at a horizontal radius of approximately 3,962 metres measured from the reference point. AIRPORT TRANSITIONAL SURFACE Means a surface lying laterally along both sides of the basic strip and the approach surface and which extend upward at a ratio of 1:7 at right angles to the runway centerline measured from the edges of the basic strip and approach until such surface intersects the horizontal surface. ALTERATION Means any modification to the structural component of a building that results in a change of use, or any increase or decrease in the volume or floor area of a building or structure. DRAFT ZONING BY-LAW 9

28 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 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. 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 for three or more persons but does not include any other establishment otherwise defined or classified in this By-law. BOARDING KENNEL Means premises where dogs are boarded or are kept for the purpose of breeding, or where registered hounds are kept for the purpose of hunting, or where dogs are kept solely for the purpose of routinely 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. DRAFT ZONING BY-LAW 10

29 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, PRINCIPAL Means a building that functions as the building in which the principle 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. 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 Means an accessory building or structure that is designed to provide sleeping accommodations and which does not contain sanitary or cooking facilities. 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. 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. CANOE, KAYAK AND RECREATIONAL SALES/RENTAL ESTABLISHMENT Means premises where canoes, kayak and other recreational equipment are kept for sale or rental. CARPORT Means a building or structure which is not wholly enclosed, and is used for the parking or storage of one or more motor vehicles. DRAFT ZONING BY-LAW 11

30 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. COMMERCIAL SELF-STORAGE FACILITY Means premises used for the temporary storage of household items and seasonal, recreational or commercial vehicles, boats and trailers in storage areas or lockers, which are generally accessible by means of individual loading doors. COMMUNITY CENTRE Means a building or structure used for community activities. CONSERVATION USE Means an area of land that is generally left in its natural state and which is used to preserve, protect and/or improve components of the natural heritage system and may include, as an accessory use, hiking trails and/or cross country ski trails, buildings and structures such as nature interpretation centres and public information centres. CONVENIENCE STORE Means premises supplying groceries and other daily household needs to the immediate surrounding area. COUNCIL Means the Municipal Council of The Corporation of The Township of Tiny. CRAFT SHOP/STUDIO Means premises in which a handicraft is conducted for gain or profit and may include the sales of such handicraft. DRAFT ZONING BY-LAW 12

31 CROSS COUNTRY SKI FACILITY Means an area of land with trails used by skiers and which may include, as accessory uses, a restaurant, a clubhouse, a retail store selling ski equipment and accessories, a fitness centre, a dwelling unit for an owner/caretaker, and other buildings or structures devoted to the maintenance, administration and operation of the cross-country ski facility. DAY NURSERY Means premises where more than 5 children are provided with temporary care and/or guidance for a continuous period not exceeding twenty-four hours and are licensed in accordance with the Day Nurseries Act. DECK Means an accessory attached or detached structure with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade and used as an outdoor living area but does not include a landing or a stair. DRIVEWAY Means that portion of a lot used to provide vehicular access from a roadway to an off-street parking or loading area located on the same lot. DRY CLEANING DEPOT Means premise where articles of fabric are dropped off, stored or picked-up by members of the public, but does not include a dry cleaning establishment. DRY CLEANING ESTABLISHMENT Means premises in which articles of fabric are subjected to the process of dry cleaning, dry dyeing or cleaning in a laundry plant and for the pressing and distribution of any such articles or goods that have been subjected to any such process. DWELLING UNIT Means two or more rooms used, designed or intended for the domestic use of one or more individuals living as a single housekeeping unit, with living, sleeping and sanitary facilities, and one kitchen facility, having a private entrance from outside the building or from a common hallway or stairway inside or outside the building. DWELLING, DETACHED Means a building containing one dwelling unit. DRAFT ZONING BY-LAW 13

32 DWELLING, SEMI-DETACHED Means a dwelling unit contained within a building containing two dwelling units which are separated by a common masonry wall dividing the pair of dwellings vertically, in whole or in part, each of which has an independent entrance, either directly from the outside or through a common vestibule. DWELLING, DUPLEX Means a dwelling unit contained within a building that is divided horizontally into two separate dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule. DWELLING, MOBILE HOME Means a dwelling unit contained that is designed to be movable and suitable for permanent or semi-permanent residence and being not less than 18 metres in length and 3.5 metres in width, and containing suitable sanitary and food preparation facilities. DWELLING, MULTIPLE Means a dwelling unit in a building containing four or more dwelling units, each of which has an independent entrance directly from the outside or through a common vestibule or common corridor but does not include a townhouse dwelling. DWELLING, TOWNHOUSE Means a dwelling unit in a building where three or more attached dwelling units are separated by a common masonry wall dividing the dwellings vertically, in whole or in part, each of which has an independent entrance, directly from the outside. DWELLING, TRIPLEX Means a dwelling unit contained in a building containing three dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule. DYNAMIC BEACH Means a beach where deposits are 0.3 metres thick or more, 10 metres in width and at least 100 metres in length along a shoreline and where the fetch (the distance the wind blows over the water) is more than five kilometers. EMERGENCY SERVICE DEPOT Means a garage or supply facility that houses emergency personnel, their supplies and vehicles and shall include an ambulance response facility, fire station or police station. DRAFT ZONING BY-LAW 14

33 EQUESTRIAN FACILITY Means an area of land where horses are boarded and taken out to be ridden by their owners or rented to others and where horseback-riding lessons may be given. EQUIPMENT SALES AND RENTAL ESTABLISHMENT Means premises where machinery and equipment are offered or kept for rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law. FARM IMPLEMENT DEALER Means premises where farm equipment is repaired, serviced or sold. FARM PRODUCE OUTLET Means premises where fruits, vegetables, meat and dairy products that are grown or produced on a farm on the same lot is sold. FARM VEHICLE Means a licensed or unlicensed motor vehicle that is used to cultivate or harvest farm products and/or assist in the general operation of an agricultural use, an intensive agricultural use or a specialized agricultural use FEEDLOT Means an area of land within a pen or corral wherein livestock such as cattle, horses, sheep, goats and/or swine are maintained in close quarters for the purpose of fattening such livestock for shipment to market. FIRST STOREY Means the storey with its floor closest to established grade and having its ceiling more than 1.8 metres above grade. FLOODPLAIN Means an area of land that is known to be subject to periodic flooding. FLOODPROOFING Means the act of designing or altering buildings and structures so as to reduce or eliminate the potential for flood damages. DRAFT ZONING BY-LAW 15

34 FLOOR AREA, GROSS Means the aggregate of the floor area measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, and in the case of a dwelling, excluding any porches, verandas or sunrooms (unless habitable in all seasons of the year), any basement or cellar or private garage. FORESTRY USE Means an area of land used for the cultivating and harvesting of trees for the purpose of producing commercial and non-commercial wood products and on which the cutting of wood harvested from the lot on which the forestry use is located for transport is permitted. For the purposes of this By-law, a forestry use does not include a saw and/or wood planing mill or a wood-chipping establishment. FUNERAL HOME Means premises that is designed for the purpose of providing funeral services to the public and includes facilities intended for the preparation of corpses for interment or cremation. GARAGE, PRIVATE Means a detached accessory building or portion of a building containing one or more dwelling units which is designed or used for the sheltering of a private motor vehicle and/or storage of household equipment incidental to the principal use of the lot, and which is fully enclosed and roofed and excludes a carport or other open shelter. GARDEN SUITE Means a dwelling unit contained with a detached accessory building and which is designed to be used on a temporary basis. GASOLINE ESTABLISHMENT Means premises where motor vehicle fuels are sold and/or dispensed with or without facilities for minor mechanical or running repairs essential to the operation of a motor vehicle but shall not include a motor vehicle dealership or motor vehicle repair garage. GOLF COURSE Means a public or private area operated for the purpose of playing golf, and includes such accessory uses as a restaurant, a retail store that sells golf equipment and accessories, a dwelling unit for an owner/caretaker, fitness centre and other buildings or structures devoted to the maintenance and operation of the golf course and may include, as accessory uses, a golf driving range and a miniature golf facility. DRAFT ZONING BY-LAW 16