HomeMy Public PortalAbout07-079 - Zoning-By-law - Consolidated - January 4, 2023
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Consolidated By-Law
Amended January 4, 2023
“This is an office consolidation.
Please refer to the original by-
laws enacted by Council if doubt
exists as to the content or
accuracy of the contents.”
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THE CORPORATION OF THE
TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS
ZONING BY-LAW NO. 07-079
A by-law to regulate the use of lands and the character, location and the use of
buildings and structures in Township of Leeds and the Thousand Islands.
WHEREAS the Planning Act, R.S.O., 1990, Chapter P.13, as amended, provides that the
council of a municipal corporation may pass by-laws to regulate the use of land and the
character, location, density, size and use of buildings and structures;
NOW THEREFORE, the Council of the Corporation of the Township of Leeds and the
Thousand Islands enacts as follows:
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THE CORPORATION OF THE
TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS
ZONING BY-LAW NO. 07-079
- TABLE OF CONTENTS -
SECTION 1 AUTHORIZATION AND ADMINISTRATION ............................................... 7
1.1 Title .................................................................................................................... 7
1.2 Defined Area ...................................................................................................... 7
1.3 Conformity with By-law ....................................................................................... 7
1.4 Violations and Penalties ..................................................................................... 7
1.5 Remedies ........................................................................................................... 7
1.6 Existing Uses Continued .................................................................................... 7
1.7 Effective Date ..................................................................................................... 8
1.8 Validity ............................................................................................................... 8
1.9 Administrator ...................................................................................................... 8
1.10 Inspection of Premises ....................................................................................... 8
1.11 Licences and Permits ......................................................................................... 8
1.12 Certificate of Occupancy .................................................................................... 9
1.13 Applications and Plans ....................................................................................... 9
1.14 Interpretation ...................................................................................................... 9
1.15 Imperial Measurement ..................................................................................... 10
1.16 Repeal of Existing By-laws ............................................................................... 10
1.17 Request for Amendment .................................................................................. 10
1.18 Conflict ............................................................................................................. 10
1.19 Notes and Illustrations ...................................................................................... 10
1.20 Technical Revisions to the Zoning By-Law ...................................................... 11
SECTION 2 DEFINITIONS ........................................................................................... 12
SECTION 3 GENERAL PROVISIONS .......................................................................... 41
3.1 Accessory Uses ............................................................................................... 41
3.2 Adult Entertainment - Goods and Parlours - General Development Standards 42
3.3 Buildings to be Moved ...................................................................................... 42
3.4 Bulk and Fuel Storage Tanks ........................................................................... 42
3.5 Cannabis Production and Processing .............................................................. 42
3.6 Commercial Patios ........................................................................................... 44
3.7 Corner Lot Sight Triangles ............................................................................... 44
3.8 Established Building Line in Built-Up Area ....................................................... 44
3.9 Frontage on an Improved Street ...................................................................... 44
3.10 Group Homes ................................................................................................... 45
3.11 Height Exceptions ............................................................................................ 45
3.12 Home Industries ............................................................................................... 46
3.13 Home-Based Business ..................................................................................... 46
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3.14 Loading Requirements ..................................................................................... 48
3.15 Landscaped Open Space ................................................................................. 50
3.16 Lots Containing More Than One Use ............................................................... 50
3.17 Lots Divided Into More Than One Zone ........................................................... 50
3.18 Marine Facilities ............................................................................................... 50
3.19 Minimum Distance Separation Formulas ......................................................... 51
3.20 Municipal Services ........................................................................................... 52
3.21 Non-Complying & Non-Conforming Uses ......................................................... 52
3.22 Occupancy Restrictions ................................................................................... 54
3.23 On-farm Agriculture-Related Uses and On-farm Diversified Uses (Special
Provisions) ....................................................................................................... 55
3.24 Open Storage ................................................................................................... 56
3.25 Outdoor Illumination ......................................................................................... 56
3.26 Parking Requirements ...................................................................................... 56
3.27 Pits and Quarries ............................................................................................. 64
3.28 Public Uses and Utilities ................................................................................... 64
3.29 Railway Crossings and Sign Distance .............................................................. 65
3.30 Second Residential Units ................................................................................. 65
3.31 Separation Distances ....................................................................................... 66
3.32 Setbacks .......................................................................................................... 68
3.33 Signs ................................................................................................................ 69
3.34 Sleep Cabins .................................................................................................... 69
3.35 Special Provisions for Automobile Service Stations, Automobile Body Shops
and Gasoline Retail Facilities ........................................................................... 69
3.36 Special Provisions for Seasonal Worker Accommodations .............................. 70
3.37 Swimming Pools ............................................................................................... 72
3.38 Temporary Uses ............................................................................................... 72
3.39 Yard Encroachments ........................................................................................ 73
SECTION 4 ZONES ..................................................................................................... 74
4.1 Zone Classifications ......................................................................................... 74
4.2 Schedules ........................................................................................................ 75
4.3 Boundaries of Zones ........................................................................................ 75
4.4 Streets and Rights-of-Way ............................................................................... 76
4.5 Holding Zones .................................................................................................. 76
4.6 Special Exception Zones .................................................................................. 76
4.7 Temporary Zones ............................................................................................. 76
SECTION 5 RESIDENTIAL ZONES .............................................................................. 77
5.1 First Density Residential (R1) - Lansdowne Zone ............................................ 77
5.2 Second Density Residential (R2) – Lansdowne Zone ...................................... 78
5.3 Hamlet Residential (RH) Zone ......................................................................... 80
5.4 Rural Residential (RR) Zone ............................................................................ 82
5.5 Shoreline Residential (RS) Zone ...................................................................... 90
5.6 Island Residential (RI) Zone ........................................................................... 103
5.7 Mobile Home Park Residential (RMHP) Zone ................................................ 114
5.8 Floating Residential (RF) Zone ...................................................................... 114
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5.9 Additional Provisions for Residential Zones ................................................... 115
SECTION 6 COMMERCIAL ZONES ........................................................................... 116
6.1 General Commercial (CG) Zone .................................................................... 116
6.2 Highway Commercial (CH) Zone .................................................................... 118
6.3 Tourist Commercial (CT) Zone ....................................................................... 124
6.4 Recreation Commercial (CR) Zone ................................................................ 135
6.5 Major Tourism Commercial (CMT) Zone ........................................................ 138
6.6 Additional Provisions for Commercial Zones .................................................. 140
SECTION 7 INDUSTRIAL ZONES .............................................................................. 141
7.1 Light Industrial (ML) Zone .............................................................................. 141
7.2 Rural Industrial (MR) Zone ............................................................................. 142
7.3 Additional Provisions for Industrial Zones ...................................................... 147
SECTION 8 INSTITUTIONAL ZONE........................................................................... 149
8.1 Institutional (I) Zone ....................................................................................... 149
8.2 Additional Provisions for Institutional Zones ................................................... 150
SECTION 9 OPEN SPACE ZONES ............................................................................ 152
9.1 Open Space (OS) Zone ................................................................................. 152
9.2 Additional Provisions for Open Space Zones ................................................. 153
SECTION 10 AGRICULTURAL ZONES ..................................................................... 154
10.1 Agricultural (AG) Zone ................................................................................... 154
10.2 Additional Provisions for Agricultural Zones ................................................... 157
SECTION 11 RURAL ZONES ..................................................................................... 159
11.1 Rural (RU) Zone ............................................................................................. 159
11.2 Additional Provisions for Rural Zones ............................................................ 171
SECTION 12 MINERAL RESOURCE ZONES ............................................................ 173
12.1 Mineral Resource, Pit (MRP) Zone ................................................................ 173
12.2 Mineral Resource, Quarry (MRQ) Zone ......................................................... 174
12.3 Mineral Resource, Wollastonite (MRW) Zone ................................................ 174
12.4 Mineral Resource, Bedrock (MRB) Zone........................................................ 176
12.5 Mineral Resource, Aggregate (MRA) Zone .................................................... 177
12.6 Additional Provisions for Mineral Resource Zones ......................................... 177
SECTION 13 WRECKING YARD ZONE ..................................................................... 178
13.1 Wrecking Yard (WY) Zone ............................................................................. 178
13.2 Additional Provisions for Wrecking Yard Zones ............................................. 178
SECTION 14 WASTE MANAGEMENT ZONES .......................................................... 179
14.1 Waste Management (WM) Zone .................................................................... 179
14.2 Additional Provisions for Waste Management Zones ..................................... 179
SECTION 15 SEWAGE DISPOSAL ZONE ................................................................. 180
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15.1 Sewage Disposal (SD) Zone .......................................................................... 180
15.2 Additional Provisions for Sewage Disposal Zones ......................................... 180
SECTION 16 FLOOD PLAIN ZONE ............................................................................ 181
16.1 Flood Plain (FP) Zone .................................................................................... 181
16.2 Additional Provisions for Flood Plain Zones ................................................... 182
SECTION 17 ENVIRONMENTAL PROTECTION ZONE ............................................ 183
17.1 Environmental Protection (EP) Zone .............................................................. 183
17.2 Additional Provisions for Environmental Protection Zones ............................. 185
SECTION 18 PROVINCIALLY SIGNIFICANT WETLAND ZONE ............................... 186
18.1 Provincially Significant Wetland (PSW) Zone ................................................. 186
18.2 Additional Provisions for Provincially Significant Wetland Zones ................... 186
SECTION 19 LOCALLY SIGNIFICANT WETLAND ZONE ......................................... 187
19.1 Locally Significant Wetland (LSW) Zone ........................................................ 187
19.2 Additional Provisions for Locally Significant Wetland Zones .......................... 187
SECTION 20 AREA OF NATURAL AND SCIENTIFIC INTEREST ZONE .................. 188
20.1 Areas of Natural and Scientific Interest (ANSI) Zone ..................................... 188
20.2 Additional Provisions for Area of Natural and Scientific Interest Zones .......... 189
SECTION 21 SPECIES AT RISK ZONE ..................................................................... 190
21.1 Species at Risk (SR) Zone ............................................................................. 190
21.2 Additional Provisions for Species at Risk Zones ............................................ 190
SECTION 22 PARKING LOT ZONE ........................................................................... 191
22.1 Parking Lot (PL) Zone .................................................................................... 191
22.2 Additional Provisions for the Parking Lot Zone .............................................. 192
SECTION 23 APPROVAL ........................................................................................... 193
Schedule 'A' - Ward 1
Schedule 'B' - Ward 1 Shoreline
Schedule 'C’ - Ward 2
Schedule 'D' - Ward 3
Schedule 'E' - Ward 3 Shoreline
Schedule 'F' - Lansdowne, Maple Grove and Outlet
Schedule 'G' - Lyndhurst and Seeley's Bay
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SECTION 1
AUTHORIZATION AND ADMINISTRATION
1.1 Title
This By-law shall be known as the "Zoning By-law" or "By-law No. 07-79" of
the Corporation of the Township of Leeds and the Thousand Islands.
1.2 Defined Area
The provisions of this By-law shall apply to all lands within the boundaries of
the Corporation of the Township of Leeds and the Thousand Islands, as
shown on Schedules A, B, C, D, E, F and G.
1.3 Conformity with By-law
No land shall be used and no buildings or structures shall be erected, altered,
enlarged, or used within the Township of Leeds and the Thousand Islands except
in conformity with the provisions of this By-law. This By-law shall not reduce or
mitigate any restrictions lawfully imposed by an authority having jurisdiction to
make such restrictions. No person shall change the purpose for which any land,
building or structure is used, or erect any new building or structure or addition to
any existing building or structure or sever any lands from an existing parcel if the
effect of such action is to cause the original, adjoining or remaining lands, buildings
or structures to be in contravention of this By-law.
1.4 Violations and Penalties
Any person convicted of a breach of any of the provisions of this By-law shall be
liable to a fine in accordance with the provisions of the Planning Act and every
penalty shall be recoverable under the Provincial Offences Act.
1.5 Remedies
Where any building, structure or use is in contravention of any provisions of this By-
law, such contravention may be restrained by action at the instance of any ratepayer
or of the Corporation pursuant to the provisions of the Planning Act.
1.6 Existing Uses Continued
Nothing in this By-law shall prevent the use of any lot, building or structure for any
purpose prohibited by this By-law if such lot, building or structure was lawfully used
for such purpose on the date of passing of this By-law, so long as it continues to
be used for that purpose
SECTION 1 AUTHORIZATION AND ADMINISTRATION
1.7 Effective Date
This By-law shall come into full force and effect as of the date of passing by
Council, subject to the provisions of the Planning Act.
1.8 Validity
Should any section, clause or provision of this By-law be held by a court of
competent jurisdiction to be invalid, the validity of the remainder of the By-law shall
not be affected.
1.9 Administrator
This By-law shall be administered by a person designated by the Council of
the Township of Leeds and the Thousand Islands as the "Zoning
Administrator."
1.10 Inspection of Premises
(a) Subject to Section 1.10(b) hereof, as amended, the Zoning Administrator or
any other officer or any person acting under his or her instructions may, at
all reasonable times and upon producing proper identification, enter and
inspect any property for the purpose of carrying out his or her duties under
this By-law.
(b) Except under the authority of a search warrant issued by a provincial judge
or a justice of the peace, in accordance with the provisions of Section 49.1
of the Planning Act, an officer or any person acting under his or her
instructions shall not enter any room or place actually being used as a
dwelling without requesting and obtaining the consent of the occupier, first
having informed the occupier that the right of entry may be refused and
entry made only under the authority of a search warrant.
1.11 Licences and Permits
No municipal permit, certificate, or licence shall be issued for a proposed use of
land or a proposed erection, alteration, enlargement or use of any building or
structure that is in contravention of any provision of this By-law. In addition,
where the approval of another agency or authority is required, such approval
shall be obtained and submitted to the Chief Building Official or Zoning
Administrator at the time of application for a building permit.
SECTION 1 AUTHORIZATION AND ADMINISTRATION
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1.12 Certificate of Occupancy
No change shall be made in the type of use of any land, building or structure within
any zone, without first obtaining a Certificate of Occupancy from the Corporation,
confirming that the proposed use complies with this By-law.
1.13 Applications and Plans
In addition to the requirements of any Building By-law, every application for a
building permit shall be accompanied by a plan, in duplicate, drawn to scale and
showing the following:
(a) the true dimensions of the lot to be built upon or otherwise used;
(b) the proposed location, height and dimensions of any building, structure or
use proposed for such lot, including any water supply and sewage disposal
facilities;
(c) the proposed locations and dimensions of yards, landscaped open spaces,
parking areas and loading spaces required by this By-law;
(d) the location of all existing buildings or structures on the lot; and
(e) a statement signed by the owner, disclosing the exact use proposed for
each building, structure or use and giving all information necessary to
determine if such proposed or existing building, structure or use conforms to
the requirements of this By-law.
1.14 Interpretation
The provisions of this By-law shall be held to be the minimum requirements except
where the word maximum is used, in which case the maximum requirement shall
apply.
In this By-law the word "shall" is mandatory; words in the singular include the
plural; words in the plural include the singular; words in the present tense include
the future; the masculine includes the feminine.
Where linear distances other than those referring to vertical measurements
are specified, such linear distances are measured on a horizontal plane.
SECTION 1 AUTHORIZATION AND ADMINISTRATION
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1.15 Imperial Measurement
This By-law is in metric units only. Where numbers and Imperial units appear in
brackets anywhere in this By-law, such numbers and units do not form part of this
By-law. They are to be considered as appendix information only and are so placed
only for the convenience of the reader.
1.16 Repeal of Existing By-laws
All existing By-laws of the Township of Leeds and the Thousand Islands,
including the former Township of Rear of Leeds and Lansdowne, Township of
Front of Leeds and Lansdowne and Township of Front of Escott, enacted
pursuant to Section 34 of the Planning Act, as they may affect the lands which
are governed by this By-law, are hereby repealed and such repeal shall come
into effect upon the date that this By-law comes into force.
The adoption of this By-law, however, shall not prevent any pending or future
prosecution of or action to abate any existing violation of the said By-laws if the
violation is also a violation of the provisions of this By-law.
Notwithstanding any other provisions of this By-law, any decision of the Committee
of Adjustment fully in effect will continue to apply.
1.17 Request for Amendment
Every request for an amendment to this Zoning By-law shall be accompanied by
a completed copy of the Corporation's "Application for Amendment to Zoning
By-law."
1.18 Conflict
In the event of a conflict between this By-law and amendments thereto and any
other general or special By-law of the Municipality, or by other applicable
legislation, the most restrictive By-law shall prevail
1.19 Notes and Illustrations
Where "notes" and/or "illustrations" are included in this By-law, they are provided
for explanation purposes and do not form a part of this By-law.
SECTION 1 AUTHORIZATION AND ADMINISTRATION
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1.20 Technical Revisions to the Zoning By-Law
Revisions may be made to this by-law without the need for a zoning by-law
amendment in the following cases:
1. Correction of numbering, cross-referencing, grammar, punctuation or
typographical errors, or revisions to format in a manner that does not change
the intent of a provision;
2. Adding or revising technical information on maps or schedules that does not
affect the zoning of lands including, but not limited to, matters such as
updating and correcting infrastructure information, keys, legends or title
blocks; and
3. Changes to appendices, footnotes, headings, indices, marginal notes, tables
of contents, illustrations, historical or reference information, page numbering,
footers and headers, which do not form a part of this by-law and are editorially
inserted for convenience of reference only.
4. Consolidation of approved zoning by-law amendments in the text and on the
schedules.
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SECTION 2
DEFINITIONS
2.1 Abattoir shall mean a building or structure wherein animals are slaughtered and
processed for packaging, distribution and resale.
2.2 Accessory shall mean a use, building or structure customarily incidental and
subordinate to the principal use and located on the same lot with such main use,
but shall not include a sleeping cabin.
2.3 Active Agriculture Operation shall mean an agricultural use with a current farm
business registration number.
2.4 Adult Entertainment-Goods shall mean any premises or part thereof in which the
main use is the provision, in pursuance of a business, of goods designed to appeal
to erotic or sexual appetites or inclinations.
2.5 Adult Entertainment-Parlour shall mean any premises or part thereof in which
are provided in pursuance of a trade, calling, business or occupation, live
entertainment or services appealing to or designed to appeal to erotic or sexual
appetites or inclinations, and may include a restaurant as an accessory use.
2.6 Agricultural Use shall mean the use of land, building or structures for:
(a) the growing of harvestable crops, including sodfarming, nursery,
biomass, and horticultural crops; including all related activities such as
soil preparation, manure or fertilizer storage and spreading, sludge
application to the land (which complies with Ministry guidelines),
planting, spraying, irrigating, harvesting and also including the storage
of crops;
(b) the raising, boarding, keeping and sale of all forms of livestock,
including all related activities such as breeding, raising, training, feeding
and grazing, and including the breeding and raising of poultry, bees or
fish. This definition shall not include dogs or exotic animals;
(c) raising of other animals for food, fur or fibre;
(d) aquaculture;
(e) agro-forestry;
(f) maple syrup production;
(g) associated on-farm building and structures including, but not limited to
i) livestock facilities
ii) manure storage
iii) value-retaining facilities
iv) accommodation for full-time labour and seasonal workers
accommodations
SECTION 2 DEFINITIONS
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(h) forestry activities including the planting, harvesting and sale of forest
products, including a portable sawmill;
(i) the use and accessory maintenance and storage of all forms of
equipment or machinery needed to accomplish the foregoing activities;
(j) greenhouse/nursery – commercial; and
(k) but does not include Cannabis Production and Processing.
Unless allowed under the definition and general provisions of home based
business, home industry, on-farm agriculture-related use or on-farm diversified
use, and agricultural use shell not be constructed to include commercial or
industrial activities.
2.7 Agri-tourism Use shall mean tourism uses that promote the enjoyment, education
or activities related to the farm operation. These uses may include, but are not
limited to:
bed and breakfast
café/restaurant
assembly hall
facilities for cooking classes
facilities for agriculture product tasting (including wine, food)
corn maze
events in accordance with the event by-law including equine events and
seasonal events
farm related themed playground
farm vacation suite
hay rides
horse ride trails
petting zoo
2.8 Air Treatment Control shall mean the functional use of industrial grade multi-
stage carbon filtration system, or similar technology, to reduce and/or treat the
emission of pollen, dust and odours expelled from a facility and sized accordingly
in comparison to the facility it serves as designed by a qualified person.
2.9 Alter shall mean:
(a) with reference to a building or part thereof, to change any one or more of
the external dimensions or to change the type of construction of the exterior
walls or roof, or changes to interior walls in such a way as to result in a
change of use;
(b) with reference to a lot, to change the area, frontage or depth thereof; to
change the width, depth or area of any required yard, landscaped open
space or parking area; or to change the location of any boundary of such lot
SECTION 2 DEFINITIONS
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with respect to a street, whether such alteration is made by conveyance or
alienation of any portion of such lot or otherwise.
Altered and alteration shall have corresponding meaning
2.10 Amenity Area shall mean a space on a lot other than part of a dwelling unit,
intended for the passive enjoyment and/or active recreational use of the residents.
(a) Private Amenity Area shall mean an amenity area immediately adjacent to
the dwelling unit served and with access controlled by the dwelling unit
residents.
2.11 Attached shall mean a building or structure otherwise complete in itself, which
depends for structural support, or complete enclosure, upon a division wall or walls
shared with adjacent buildings or structures.
2.12 Attic shall mean that portion of a building immediately below the roof and wholly or
partly within the roof framing.
2.13 Automobile Body Shop shall mean an establishment where motor vehicle
bodies, exteriors or undercarriages are painted or repaired. Accessory uses may
include a towing service and the rental of motor vehicles to customers whose
motor vehicles are being repaired. This definition shall not include a salvage yard
or wrecking yard as defined herein.
2.14 Automobile Service Station shall mean a building where gasoline, propane,
diesel fuel or oil is kept for sale including alternative sources of fuel, where only
minor or emergency repairs essential to the actual operation of motor vehicles may
also be performed, where grease, anti-freeze, tires, spark plugs and other
automobile accessories may be sold incidentally, and where motor vehicles may
also be oiled, greased, or washed, but where no other activities of a commercial
garage are carried on.
2.15 Bake Shop shall mean a building or portion thereof where baked foods are made
for retail sale on the premises.
2.16 Bakery shall mean a building or portion thereof wherein baked foods are produced
and processed for packaging, distribution and resale off the premises. A bake
shop is a permitted accessory use in a bakery.
2.17 Basement shall mean that portion of a building below the first storey but which has
at least one-half of its height (measured from finished floor to finished ceiling)
above the average level of ground adjacent to the exterior walls of the building.
SECTION 2 DEFINITIONS
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2.18 Bed and Breakfast shall mean a single unit dwelling house in which no more than
three (3) guest rooms are made available for overnight accommodation of the
travelling or vacationing public, and in which the proprietor may offer lodging and
breakfast for compensation. A Bed and Breakfast shall not include any other
establishment otherwise defined or classified herein.
2.19 Boarding House shall mean a single detached dwelling containing not more than
three (3) guest rooms in which lodging with or without meals is provided for
compensation. This definition shall include a lodging or rooming house, but does
not include any other establishment otherwise defined or classified herein.
2.20 Boat House shall mean an accessory building or structure intended to house,
shelter or protect a boat or other form of water transportation, which shall not be
capable of being used for human habitation.
2.21 Building shall mean a structure having a roof supported by columns, walls or
directly by the foundation and used for the shelter and accommodation of persons,
animals or goods.
(a) Main Building shall mean the building serving the principal or primary uses
for which the lot was purchased, leased or rented.
(b) Temporary Building shall mean a building or structure intended for
removal or demolition within a prescribed time, not exceeding two years, as
set out in a building permit.
2.22 Building By-law shall mean any By-law of the Corporation passed pursuant to the
Building Code Act.
2.23 Building Line shall mean a line within a lot drawn parallel or concentric to a lot
line serving to establish the distance between that lot line and any portion of a
building or structure which may be erected as required by the provisions of this By-
law.
2.24 Building Permit shall mean a permit required by the Ontario Building Code.
2.25 Building Supply Centre shall mean a building or portion thereof or a place where
building supplies such as lumber, millwork, siding, roofing, plumbing, electrical,
heating, air conditioning, home improvement and similar goods are stored,
displayed or kept for sale at retail or wholesale.
2.26 Bulk Storage Tank shall mean a tank for the bulk storage of petroleum, petroleum
products, chemicals, gases, flammable liquid or fluid, or similar substances. This
definition shall not include a fuel storage tank which is accessory to another use on
the lot where such tank is located (see Fuel Storage Tank).
SECTION 2 DEFINITIONS
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2.27 Cannabis shall mean a genus of flowering plans in the family Cannabaceae.
Synonyms include but are not limited to marijuana, and marihuana. This
definition does not include the industrial or agricultural production of hemp (a
source of foodstuffs (hemp milk, hemp seed, hemp oil), fiber and biofuels).
2.28 Cannabis Production and/or Processing means lands, buildings or structures
used for producing, processing, testing, destroying, packaging and/or shipping of
cannabis authorized by an issued license or registration by the federal Minister of
Health, pursuant to the Access to Cannabis for Medical Purposes Regulations,
SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as
amended from time to time, or any successors thereto.
2.29 Camping Area shall mean a tent and trailer park owned and operated by the
Corporation, the County, any local board of either the Corporation or the County,
the Conservation Authority, or any agency of the Governments of Ontario or
Canada.
2.30 Carport shall mean a covered parking area which is open on at least two sides.
2.31 Car Washing Establishment shall mean a building or structure or portion thereof
containing facilities for washing automobiles, either by production line methods and
mechanical devices, or by a self-service operation.
2.32 Cellar shall mean that portion of a building below the first storey which is partly or
wholly underground but which has more than one-half of its height (measured from
finished floor to finished ceiling) below the average level of ground adjacent to the
exterior walls of the building.
2.33 Chief Building Official shall mean the officer or employee of the Corporation
charged with the duty of enforcing the provisions of the Building Code Act, together
with any regulations made there under, and the provisions of the Building By-law.
2.34 Children's Play Area shall mean an area, at or above ground level, developed
with play equipment and suitably surfaced and fenced or otherwise enclosed for
play by young children.
2.35 Clinic shall mean a building or portion thereof wherein health services are
provided to the public in the form of a medical, paramedical, dental, surgical,
physiotherapeutic, or other human health services including associated technical
and laboratory facilities, and may also include a pharmaceutical outlet for the sale
of prescription and therapeutic drugs, medication, optical equipment and similar
drug store products.
2.36 Club, Commercial shall mean a building or premises used as an athletic,
recreational or social club operated for gain or profit.
SECTION 2 DEFINITIONS
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2.37 Club, Private shall mean a building or premises used as a meeting place for
members of an organization and may include athletic, recreational or social club
not operated for gain or profit. This definition may include a social service club, a
lodge, a fraternity or sorority house, a hostel, labour union hall, Royal Canadian
Legion or similar use.
2.38 Commercial Patio shall mean an outdoor area in association with a restaurant
where food and beverages are served to the public or to members of a private club
or other similar organization.
2.39 Commercial Wind Turbines shall mean a wind energy conversion system
consisting of one or more wind turbines, tower(s) and associated control or
conversion electronics, which has a rated capacity of more than 300 kW, and
which is intended to provide electrical power for use on or off-site (either behind
the meter or off-grid) and is intended or used to produce for resale.
2.40 Communications Facility shall mean an installation which transmits, receives
and/or relays communications such as microwave relay tower, cellular telephone
tower, radio or television broadcast tower or similar facility but does not include
equipment accessory to a Residential, Commercial or Industrial use of land.
2.41 Community Centre shall mean a building, structure or premises where facilities
are provided for the following: athletic, civic, educational, political, recreational,
religious, social events, trade shows, conferences or fashion shows. This definition
may include an arena, assembly hall, auditorium, gymnasium, hall, stadium,
theatre or similar use, operated by a Public Authority.
2.42 Conference Centre shall mean an establishment used for the holding of
conventions, seminars, workshops or similar activities, including dining and lodging
facilities for the use of participants, as well as compatible accessory facilities.
2.43 Conservation Authority shall mean a Conservation Authority as defined by the
Conservation Authorities Act.
2.44 Conservation Use shall mean a use related to the preservation of natural
resources or the natural environment.
2.45 Contractor's Shop or Yard shall mean a place of business for persons employed
in building trades such as painting, plumbing, electrical work, masonry, metal
working and carpentry, sandblasting or for the operation of truck, bulldozer, loader
and backhoe. Such place of business may be used for the storage of equipment,
materials and vehicles which as used on construction sites and may include such
related uses as office space, or maintenance facilities, and may also include a
retail business, sales counter or a wholesale business as an accessory use.
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2.46 Convenience Store shall mean an establishment where food, tobacco, drugs,
periodicals or similar items of household necessity are kept for retail sale.
2.47 Corporation shall mean the Corporation of the Township of Leeds and the
Thousand Islands.
2.48 Council shall mean the Council of the Corporation of the Township of Leeds and
the Thousand Islands.
2.49 County shall mean the Corporation of the United Counties of Leeds and Grenville.
2.50 Custom Workshop shall mean land and/or a building or portion thereof used by a
contractor, builder or tradesman to perform manufacturing, repair or assembly
work or for the storage of equipment and materials used for off-site work and
includes those operated by a carpenter, well driller, tile drainage installer, a
locksmith, blacksmith, tinsmith, gunsmith, welder or persons involved in similar
occupations.
2.51 Day Nursery/ Day Care Centre shall mean a place where temporary care of more
than five (5) children is provided which must be licensed by the province and
operated in accordance with the Day Nurseries Act.
2.52 Deck, including sundecks, shall mean a roofless, unenclosed structure, except for
normal partitions and/or railings.
2.53 Density shall mean the ratio of the number of dwellings, mobile homes,
campsites, tourist lodging establishment units to the total lot area, excluding public
streets.
2.54 Development means the creation of a new lot, a change in land use, or the
construction, erection or placing of one or more buildings or structures on land or
the making of an addition or alteration to a building or structure where a building
permit is required that has the effect of increasing the size or usability of such
buildings or structures, or the laying out and establishment of a commercial
parking lot.
2.55 Dressmaker/Tailor Shop shall mean a building or portion thereof, where the
business of individual custom tailoring is carried on, including remodeling,
hemstitching and buttonhole making, but does not include a shop where clothing
manufacture is carried on.
2.56 Dry Cleaning or Laundry Outlet shall mean a building or portion thereof used for
the purpose of receiving articles or goods of fabric to be subjected elsewhere to
the process of cleaning or dyeing. Such establishment may also be used for
pressing and/or distributing any articles or goods which have been received
therein.
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19
2.57 Dry Cleaning or Laundry Plant shall mean a building or portion thereof where dry
cleaning, dry dyeing, cleaning or pressing of articles or goods of fabric is
conducted in which solvents which emit no odours or fumes are, or can be, used,
and in which no noise or vibration causes a nuisance or inconvenience within the
premises. This definition may include a dry cleaning or laundry outlet.
2.58 Dwelling shall mean a building used or intended to be used for human habitation
and in which all usual domestic functions may be carried on. For the purposes of
this By-law, dwelling shall not include a mobile home as defined herein.
(a) Accessory Dwelling shall mean a single detached dwelling, or tiny
dwelling, which is accessory to a permitted non-residential use, located on
the same lot therewith and is occupied either by the owner of such non-
residential use or by a person employed on the lot where such dwelling is
located.
(b) Apartment Dwelling shall mean a building consisting of more than three
independent dwelling units other than a row house dwelling.
(c) Duplex Dwelling shall mean a dwelling that is divided horizontally into two
dwelling units.
(d) Floating Dwelling shall mean a dwelling-like structure which is or has been
constructed, erected or placed on a flotation system and is located in the
Municipality or moved into the Municipality and is intended for human
habitation on a seasonal basis, has a maximum height of 6.0 metres (19.69
ft.) and a maximum total area (including decks and roof overhang) of 135.0
sq.m but does not include a vessel as defined herein.
(e) Row House Dwelling shall mean a group of three or more attached
dwelling houses, each house having a rear yard and an independent
entrance directly from the outside. The addition of a Second Residential
Unit to a Row House Dwelling does not change a Row House Dwelling
into another type of Dwelling House.
i) Street Row House Dwelling shall mean a dwelling being a row
house dwelling within which each dwelling unit has separate frontage
on a public street.
(f) Seasonal Worker Accommodations shall mean a building or a structure
which is located on a property with an existing dwelling, and that is part of
an active agricultural operation. The seasonal worker accommodation
serves to accommodate farm labour when additional labour is required. This
applies to farms of a size and nature requiring additional labour on a year-
round basis for the day-to-day operation of the farm (i.e. livestock
operations) or on a seasonal basis over an extended growing season (i.e.
SECTION 2 DEFINITIONS
20
horticultural operations that requires labour for several months ear year to
amend the soil, and to plant, transplant, prune, weed and harvest crops).
Housing for full-time farm labour should be located within the farm building
cluster and may consist of: a secondary dwelling unit, or tiny dwelling, that is
stand-alone or within an existing building on the farm; a temporary structure,
such as a travel trailer, tent trailer, recreational vehicle or other portable
dwelling unit; or one or more dorm type buildings. The building installation
may be permanent in nature and shall contain washroom facilities, kitchen
facilities and sleeping accommodations.
(g) Second Residential Unit shall mean a self-contained dwelling unit with a
private kitchen, bathroom facilities and sleeping areas. A second
Residential Unit can be located in a Single Detached Dwelling or Semi-
Detached Dwelling or Row House Dwelling or in a detached structure on a
property subject to setback and lot coverage requirements.
(h) Semi-Detached Dwelling shall mean a dwelling house that is divided
vertically by a common wall from the footings to the highest point of the
roof line into two separate dwelling units, each with an independent
entrance. The addition of a Second Residential Unit to a Semi-Detached
Dwelling House does not change a Semi-Detached Dwelling House into
another type of Dwelling House.
(i) Single Detached Dwelling shall mean a dwelling house containing a
principal residential unit. This definition includes a Tiny Dwelling. The
addition of a Second Residential Unit to a Single Detached Dwelling does
not change a Single Detached Dwelling into another type of Dwelling
House.
(j) Tiny Dwelling shall mean a Single Detached Dwelling that meets the
requirements of the Ontario Building Code.
(k) Triplex shall mean a dwelling that is divided horizontally into three dwelling
units.
(l) Underground Dwelling shall mean a single dwelling which is specially
designed so that all or most of the dwelling is below finished grade for
energy conservation purposes.
2.59 Dwelling Unit shall mean one or more rooms designed as a housekeeping unit,
used or intended to be used as a domicile by one or more persons and in which
separate cooking, eating, living, sleeping and sanitary facilities are provided for the
exclusive use of the occupants, with a private entrance from outside the building or
from a common hallway or stairway inside the building.
SECTION 2 DEFINITIONS
21
(a) Accessory Dwelling Unit shall mean a dwelling unit which is part of and
accessory to a permitted non-residential building, other than an automobile
service station or commercial garage, and is occupied by the owner of the
non-residential building or by a full-time employee on the lot where such
dwelling unit is located.
(b) Accessory Apartment shall mean a self-contained dwelling unit created
through the conversion of part of or the addition on to an existing single
detached dwelling.
2.60 Erect shall mean build, construct, reconstruct, remove or relocate and shall
include any preliminary physical operations such as cutting, grading, excavating,
filling or draining, or any altering of an existing building by an addition, extension or
other structural change, or any work which requires a building permit.
2.61 Established Building Line, Rural shall mean the average setback from the street
line of existing buildings in either the Agriculture, Rural or Rural Residential Zones
when at least five buildings have been erected on any one side of a continuous
200.0 metres (656.17 ft.) of land with frontage on an improved street.
2.62 Established Building Line, Urban shall mean the average setback from the
street line of existing buildings on one side of one block where more than one half
of the lots on the said side of the block have been built upon.
2.63 Existing shall mean existing as of the date of final passing of this By-law.
2.64 Factory Outlet shall mean a building or portion thereof, accessory to a permitted
industrial use, where the products manufactured by that industry are kept for
wholesale or retail sale.
2.65 Farm Supply and Service Facility shall mean a commercial establishment which
offers for sale, and maintains and repairs machinery normally used in farming
and/or operates as a feed supply outlet, produce grading station or storage facility.
2.66 Farm Produce Outlet shall mean a use accessory to a permitted farm which
consists of the retail sale of agricultural products produced on the farm where such
outlet is located.
2.67 Farmers' Market shall mean an establishment or premises where the farm
products of a local farming community are sold at retail by the grower from
unenclosed or open air areas designated for individual retailers.
2.68 Financial Institution shall mean an establishment operated by a chartered trust
bank, trust company, mortgage broker, accountant, financial adviser or similar
such establishment.
SECTION 2 DEFINITIONS
22
2.69 Finished Grade shall mean:
(a) when used with reference to a building, the greatest elevation of the
finished surface of the ground where it meets the exterior of such
building;
(b) when used with reference to a structure, the greatest elevation of the
finished surface of the ground immediately surrounding such structure;
(c) when used with reference to a street, road or highway, the elevation of
the street, road or highway established by the Township or other
designated authority.
2.70 Flea Market shall mean an occasional or periodic market held in a building or in an
open area where persons offer secondhand goods, new articles or antiques for
sale at retail but shall not include any other establishment defined herein.
2.71 Floodline shall mean the line showing the limit of the 1:100 year flood level as
established by flood plain mapping of the relevant Conservation Authority.
2.72 Flood Plain shall mean the area below the 1:100 year flood line.
2.73 Flood Proof shall mean the combination of measures incorporated into the basic
design and/or construction of buildings, structures or properties to reduce or
eliminate flood damage.
2.74 Floor Area shall mean:
(a) for a dwelling or dwelling unit, the total area of the storeys contained within
the outside walls of the dwelling or dwelling unit exclusive of any garage,
carport, porch, veranda, attic, basement or cellar;
(b) for a building other than a dwelling or dwelling unit, the total area of all the
floors contained within the outside walls of the building.
2.75 Forestry Use shall mean the planting, management and harvesting of timber
resources in accordance with good forestry practices. This definition may include
the establishment and occasional use of an accessory portable sawmill but shall
not include the establishment of a permanent sawmill.
2.76 Fuel Storage Tank shall mean a tank which is an accessory to a permitted use for
the bulk storage of petroleum, gasoline, fuel oil, gas or flammable liquid or fluid.
2.77 Funeral Parlour shall mean a building or portion thereof designed for the purpose
of furnishing funeral services to the public and includes facilities intended for the
preparation of the dead human body for interment or cremation.
SECTION 2 DEFINITIONS
23
2.78 Garage, Private shall mean an accessory building or a portion of a residential
building which is fully enclosed and used for the storage of motor vehicles and
household equipment incidental to the residential occupancy.
2.79 Garden Centre shall mean land, building, structure or portion thereof or an
outdoor area primarily used for the retail sale of gardening equipment, landscaping
products and planting materials, but does not include Cannabis Production and
Processing.
2.80 Garden Suite shall mean a portable one-dwelling unit detached residential
structure containing bathroom and kitchen facilities that is ancillary to an existing
single detached dwelling.
2.81 Gasoline Retail Facility shall mean an establishment or a lot where the retail sale
of gasoline or other petroleum products for motor vehicles constitutes either the
sole use, such as a gas bar, or an accessory use such as a self-serve facility in
combination with a retail store. This definition shall not include an automobile
service station or commercial garage.
2.82 Golf Course shall mean a public or private area operated for the purpose of
playing golf and includes a clubhouse and directly related facilities such as a
driving range, a miniature golf course, or similar use.
2.83 Greenhouse/ Nursery, Commercial shall mean a building used for the growing of
flowers, vegetables, shrubs, trees and similar vegetation for wholesale or retail
sale, and the accessory sale of gardening implements, fertilizer, and similar
articles. This definition shall not include any premises used for growing of
mushrooms, or for Cannabis Production and Processing.
2.84 Group Home shall mean a single housekeeping unit in a single detached dwelling
in which up to ten unrelated residents, excluding supervisory staff or the receiving
family, live as a family under responsible supervision consistent with the
requirements of its residents. The home must be licensed and/or approved under
provincial statutes, in compliance with municipal By-laws.
2.85 Group Home, Correctional shall mean a group home which is primarily intended
to house persons convicted under the Criminal Code or the Young Offenders Act,
such as Halfway Houses for Ex-offenders (Charitable Institutions Act), Community
Resource Centres (Ministry of Correctional Services Act) or Group Homes for
Young Offenders (Young Offenders Act).
2.86 Guest Room shall mean a room or suite of rooms used or maintained for the
accommodation of the public.
SECTION 2 DEFINITIONS
24
2.87 Habitable Room shall mean a room commonly used for living purposes, including
a bedroom, bathroom and a kitchen but not including any space in a dwelling used
as a lobby, hallway, closet, or any room having floor space of less than 4.65
square metres (50.05 sq.ft.).
2.88 Hauled Sewage shall mean material removed from a holding tank (Class 5
system) or from a septic tank (Class 4 system).
2.89 Height shall mean, when used in reference to a building, the vertical distance
measured between the lowest finished grade and the highest point of the roof
surface.
2.90 High Water Mark shall mean the mark made by the action of water under natural
conditions on the shore or bank of a waterbody which action has been so common
and usual and so long continued that it has created a difference between the
character of the vegetation or soil on one side of the mark and the character of the
vegetation or soil on the other side of the mark.
2.91 Highway shall mean a public thoroughfare intended for vehicular use by the
general public.
2.92 Home Industry shall mean a use which is clearly incidental or secondary to the
residential use of a single detached dwelling house and is conducted either entirely
within a single detached dwelling house or in an accessory building to a single
detached dwelling house, by an inhabitant thereof. Such use may include a
carpentry shop, a craft shop, an electrical shop, a small engine repair shop, a
welding shop, a blacksmith shop, or other similar use.
2.93 Home-Based Business shall mean an occupation, trade, business, profession or
craft carried on as an accessory use to the use of a dwelling and shall include the
following:
(a) instruction in or businesses involving music, academic subjects, religion,
dancing, babysitting, arts and crafts such as pottery, weaving, painting or
sculpting, sewing, hairdressing or similar uses;
(b) businesses involving work conducted primarily in other locations, such as
those operated by electricians, plumbers, carpenters, caterers or operators
of commercial vehicles, provided that the storage of commercial vehicles,
equipment or materials does not take place at the residence except in
accordance with the provisions of the By-law;
(c) businesses involving the repair of small appliances, radios, televisions and
similar items, skate or knife sharpening or similar uses;
SECTION 2 DEFINITIONS
25
(d) an office used by a physician, dentist or other medical practitioner, an
insurance agent, accountant, engineer, sales person, travel agent, or a
person engaged in a similar occupation;
(e) a tourist lodging establishment such as a bed and breakfast, which provides
a maximum of three bedrooms for commercial public use, but which does not
contain individual cooking facilities.
2.94 Home-Based Business, Rural shall mean an occupation, business, trade or craft
which is accessory to a farming operation. This definition may include the servicing
or repair of merchandise or equipment, the grading of produce, a retail outlet for
farm supplies and machinery, a farm produce outlet or similar activities.
2.95 Hospital shall mean a Public or Private Institution as defined under the Public
Hospitals Act and amendments thereto or under the Private Hospitals Act and
amendments thereto.
2.96 Hotel - see Tourist Lodging Establishment.
2.97 Industrial Use shall mean the use of land, buildings or structures designed for the
purpose of manufacturing, assembling, making, preparing, inspecting,
ornamenting, finishing, treating, altering, repairing, warehousing, or storage or
adapting for sale of any goods, substances, article or thing, or any part thereof and
the storage of building and construction equipment and materials, as distinguished
from the buying and selling of commodities and the supplying of personal services.
2.98 Intensive Livestock Operation shall mean an agricultural operation as defined in
the Nutrient Management Act.
2.99 Kennel shall mean a building or structure or portion thereof where animals are
bred, boarded, groomed or trained, given medical treatment or housed for similar
purposes for which compensation is paid and shall include a Humane Society
shelter or pound.
2.100 Landscaped Open Space shall mean open space at grade on a lot comprised of
shrubs, flowers, trees, grass, bushes and other landscaping materials and may
include space occupied by paths, walks, courts, patios and pools, but shall not
include parking areas, traffic aisles, driveways or ramps for vehicles, or any open
space beneath or within a building or structure.
2.101 Laundry Shop shall mean a building or portion thereof in which the business of a
laundry is carried on by means of washing and drying, ironing, finishing and
incidental equipment. This definition includes a business where only washing
and/or ironing is done, a self-service laundry and a dry cleaning laundry outlet.
SECTION 2 DEFINITIONS
26
2.102 Loading Space shall mean a space or bay located on a lot which is used or
intended to be used for the temporary parking of any commercial vehicle while
loading or unloading goods, merchandise or materials used in connection with the
use of the lot or any building thereon.
2.103 Lot shall mean a parcel or tract of land which is capable of being legally conveyed
in accordance with the provisions of the Planning Act.
(a) Waterfront Lot shall mean a lot which abuts a waterbody regardless of
whether it has access to a street or private right-of-way.
(b) Through Waterfront Lot shall mean a lot which abuts more than one
waterbody.
(c) Interior Lot shall mean a lot situated between adjacent lots and having
frontage on only one street or private right-of-way.
(d) Corner Lot shall mean a lot situated at the intersection of two streets or
private right-of-way at any point in the same street having an angle of
intersection of not more than 135 degrees.
(e) Through Lot shall mean a lot having frontage on two parallel or
approximately parallel streets or private right-of-way.
2.104 Lot Area shall mean the total horizontal area within the lot lines, excluding the
horizontal area of any flood plain or wetland located on such a lot.
2.105 Lot Coverage shall mean the percentage of the lot area covered by all buildings
and structures, including accessory buildings, and covered decks, and shall not
include uncovered decks or patios, swimming pools, or minor projections such as
canopies, balconies, overhanging eaves or bay windows.
2.106 Lot Depth shall mean the horizontal distance between the front and rear lot lines.
Where these lines are not parallel, it shall be the length of a line joining the mid-
points of the front and rear lot lines; for lots with curved front lot lines, the
measurement shall be taken from a line drawn parallel to the chord of the arc of
the curve constituting the front lot line and lying midway between said chord and a
line drawn parallel to said chord and tangent to said arc.
If there is no rear lot line, lot depth shall mean the length of a straight line joining
the middle of the front lot line with the apex of a triangle formed by the side lot
lines.
2.107 Lot Frontage shall mean the width of a lot measured between the intersection of
the side lot lines with a line back 6.0 metres (19.69 ft.) from and parallel or
concentric to the front lot line.
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27
2.108 Lot Line shall mean any boundary of a lot or the vertical projection thereof.
(a) Front Lot Line shall mean, in the case of a waterfront lot, the shoreline
shall be deemed to be the front lot line. In the case of a through waterfront
lot, the shortest shoreline shall be deemed to be the front lot line. In the
case of an interior lot, the shortest lot line dividing the lot from the street, or
a private right-of-way. In the case of a corner lot or through lot, the shorter
lot line abutting one street or a private right-of-way shall be deemed to be
the front lot line. In the case of a corner lot or a through lot where the lot
lines abutting the streets or a private right-of-way are the same length, the
lot line where the principal vehicular access to the lot is provided shall be
deemed to be the front lot line. In the case of a corner lot where the street
lines are joined by an arc, the shortest straight street line shall be deemed
to be the front lot line. In the case of a corner lot where the street lines do
not intersect at one single point, the shorter of the two street lines shall be
deemed to be the front lot line.
(b) Rear Lot Line shall mean, in the case of a lot having four or more lot lines,
the lot line furthest from and opposite to the front lot line. If a lot has less
than four lot lines, there shall be deemed to be no rear lot line.
(c) Side Lot Line shall mean a lot line other than a front or rear lot line.
(d) Exterior Side Lot Line shall mean any lot line, other than a front lot line,
which is also a street line.
2.109 Machinery and Equipment Sales and Services Outlet shall mean an
establishment which offers for sale, and maintains and repairs machinery and
commodities normally used in farming and a contractor's shop or yard. This
definition shall not include any manufacturing operation.
2.110 Major Tourist Establishment would mean a non-retail establishment which
provides recreational, leisure, entertainment and tourist activities that is a major
attraction due to its uniqueness, significant scale and appeal to visitors, but does
not include any other uses permitted by this by-law. This would enable an
unforeseen use, that meets this definition to be permitted without the need for an
additional zoning amendment.
2.111 Manufacturing Industry shall mean an establishment primarily engaged in the
processing, finishing, refinishing, or assembly or similar production of various
articles and commodities as well as related storage and sales facilities. This
definition includes custom workshops, factories, mills, industrial shops, and similar
production facilities.
2.112 Marina shall mean a building, structure or place with or without docking facilities
where boats and boat accessories are berthed, stored, serviced, repaired or kept
SECTION 2 DEFINITIONS
28
for sale or rent and where the facilities for the sale of marine fuels and lubricants
may be provided. Accessory uses may include the sale of refreshments and an
eating establishment. A Marina may also be used for the sale and servicing of
snowmobiles, or all terrain vehicles, and accessories, and for the placement of one
or more floating dwellings.
2.113 Marine Contracting Establishment shall mean a building without docking
facilities where boat and boat accessories are serviced, repaired or kept for sale
and where the facilities for the sale of marine fuels and lubricants may be provided.
A marine contracting establishment may also be used for the sale and servicing of
snowmobiles, or all terrain vehicles and accessories.
2.114 Marine Facility shall mean a non-commercial accessory building or structure
located on, over, under or immediately adjacent to a waterbody which is used to
moor, berth or store a boat. This definition includes a launching ramp, boat lift,
dock, boathouse, marine railway, water intake, pump house or similar
structure/use. A marine facility shall not include any building used for human
habitation or used only for winter boat storage nor any boat service, repair or sales
facility or a flood or erosion control structure approved by the Cataraqui Region
Conservation Authority, or similar use.
2.115 Medical Practitioner shall mean a doctor, dentist, chiropractor, chiropodist,
optometrist, oculist but shall not include a veterinarian.
2.116 Mini Warehouse and Storage shall mean a building or portion thereof wherein
general merchandise, vehicles, furniture and household goods are stored in
separately occupied, secured storage areas or lockers which are generally
accessible by means of individual loading doors. Employees associated with such
a use shall be limited to a facility manager and/or security personnel.
2.117 Mobile Home shall mean a residence that is designed and manufactured to be
transported on its own chassis, is equipped for year-round occupancy and
complies with the Ontario Building Code. This definition shall not include a park
model trailer or recreational vehicle as defined herein.
2.118 Mobile Home Park shall mean two or more occupied mobile homes on the same
lot, but does not include a campground or mobile homes permitted to locate on the
same lot in an Agricultural Zone.
2.119 Mobile Home Site shall mean an area of land within a mobile home park that is
designed to accommodate one mobile home.
2.120 Motel - see Tourist Lodging Establishment.
2.121 Municipality shall mean the Corporation of the Township of Leeds and the
Thousand Islands.
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29
2.122 Net Leasable Floor Area shall mean the total floor area of a building designed for
tenant occupancy and exclusive use, including basements, mezzanines, upper
floors and other floors, as measured from the centreline of shared partitions and
from the interior face of the exterior walls of the building. Excluded are common
mall areas and other common areas not designed or occupied by tenants or sales
areas.
2.123 Non-Complying when applied to a use, building or structure, shall mean a
use, building or structure which, on the date of the passing of this By-law, is listed
as a permitted use in the zone where it is located but which contravenes one or
more of the provisions of the zone in which such use, building or structure is
located.
2.124 Non-Conforming shall mean a use, building or structure which, on the date of the
final passing of this By-law, was not a permitted use in the zone where such use,
building or structure is located, but which was lawfully used for such purpose as of
the date of passing of this By-law.
2.125 Nursing Home shall mean a building used in accordance with the definitions in
the Nursing Homes Act and amendments thereto.
2.126 Nutrient Management Plan shall mean a report that evaluates the relationship
between the land-based application of nutrients, management techniques, and
agricultural land use.
2.127 Office, Business or Professional shall mean a building or portion thereof,
designed, intended or used for the practice of a profession, the carrying on of a
business and/or the conduct of public administration, and where one or more
individuals and/or professionally qualified persons provide services to clients. This
definition includes such uses as travel agency, insurance agency, newspapers
office, communications office, laboratory and research facility, lawyer's office,
architect's office, planner's office, engineer's office, or similar use, but shall not
include a medical/dental office or any other use otherwise defined or classified in
this By-law.
2.128 On-farm Agriculture-Related Use shall mean those farm-related commercial and
farm-related industrial uses that are small scale and directly related to the farm
operations in the area, support agriculture, benefit from being in close proximity to
farm operations, and provide direct products and/or services to farm operations as
a primary activity but does not include Cannabis Production and Processing.
Uses include, but are not limited to:
abattoir
agricultural biomass pelletizers
agricultural research facility
SECTION 2 DEFINITIONS
30
agriculture product storage and distribution centre
auction
cheese factories
cold/dry storage facilities
farm supply and service facility
farm input supplied (feed, seeds, fertilizer) including fertilizer storage
and distribution facilities
farm product outlet
farm supply co-ops
farmers market
feed mills
flour mill
food processing plant
farm product sales
grain dryer serving local farmers
livestock assembly yard or stock yard
maple sugar operation
saw mill
seasonal camp
winery
2.129 On-Farm Diversified Use shall mean uses that are secondary to the principal
agricultural use of the property, and are limited in area. These uses shall be
related to agriculture, supportive of agriculture or able to co-exist with agriculture
without conflict but does not include Cannabis Production and Processing.
Uses include, but are not limited to:
agri-tourism uses
commercial patio
home occupations
home industries
landscaping business
retail uses (such as farm market, antique business, seed supplier,
tack shop)
2.130 Open Use shall mean an area of land that remains unoccupied by buildings and is
used for purposes such as hiking trails, nature trails, parks, wildlife sanctuaries and
similar uses.
2.131 Open Storage shall mean the storage of goods, merchandise or equipment
outside of a building or structure on a lot or portion thereof, including such uses as
automobile and trailer sales lots, building materials supply yards, but does not
include the outdoor display of a limited number of samples of the goods,
merchandise or equipment for the purpose of sales and advertisement or soft drink
SECTION 2 DEFINITIONS
31
coolers or ice freezers occupying an area not greater than 4.0 square metres
(43.06 sq.ft.). This definition shall not include the open storage of goods or
equipment which are incidental to the residential occupancy of a lot.
2.132 Outdoor Recreational Facility shall mean an establishment which provides
recreational activities primarily located outside of a building such as a golf driving
range, miniature golf, lawn bowling, tennis courts, or similar activities. This
definition does not include a go-cart track.
2.133 Park shall mean an area of land consisting mainly of open space which may
include a recreational area, recreation structures, playground, playfield or similar
use and conservation lands.
(a) Public Park shall mean a park owned and maintained by the Municipality or
other public authority.
(b) Private Park shall mean a park other than a public park.
2.134 Park Model Trailer shall mean a manufactured building used or intended to be
used as a seasonal recreational building of residential occupancy. It is deemed to
comply with the Ontario Building Code if it is designed and constructed in
conformance with the appropriate and relevant standards.
2.135 Parking Area shall mean an area or structure other than a street used or
intended to be used for the temporary storage of motor vehicles and includes a
private garage or carport, aisles and parking spaces.
2.136 Parking Aisle shall mean a portion of a parking area or a commercial parking lot
which abuts a parking space on one or more sides and which provides access
from the parking space to a street, and which is not used for vehicular parking.
2.137 Parking Garage shall mean an enclosed structure used for the temporary
parking for more than four vehicles and available for public use either free, for
compensation or as an accommodation to customers.
2.138 Parking Lot shall mean any parking area other than a parking garage or parking
area accessory to a permitted use on the same lot, used for the temporary
storage of parking of motor vehicles for hire and gain but does not include the
sale of new or used vehicles or the storing of impounded or wrecked vehicles.
2.139 Parking Space shall mean a portion of a parking area, exclusive of any aisles or
ingress and egress lanes, used for the temporary parking of a motor vehicle.
(a) Parking Space, Barrier Free shall mean a parking space and reserved
for the exclusive use of vehicles displaying a valid physically disabled
permit.
SECTION 2 DEFINITIONS
32
2.140 Passive Outdoor Recreation shall mean a trail system, nature appreciation or
educational activity and includes minor structures such as boardwalks,
interpretative signage, open-sided shelters and picnic area which are small-scale
and open-concept in nature.
2.141 Patio shall mean a surfaced, open space at grade or with the finished floor less
than 0.3 metres (0.98 ft.) above finished grade.
2.142 Person shall include an individual, an association, a chartered organization, a
firm, a partnership, a corporation, an agent or trustee and the heirs, executors or
other legal representatives of a person to whom the context can apply according
to law.
2.143 Personal Service Establishment/Shop shall mean a business which is
associated with the grooming of persons or the maintenance or repair of personal
wardrobe articles and accessories. This definition includes a barber shop, beauty
parlour, shoe repair shop, self-service laundry or dry cleaning distribution station
or similar uses.
2.144 Pit shall mean land or land under water licensed by the Ministry of Natural
Resources from which unconsolidated aggregate (gravel, sand, stone, earth,
clay, fill or such other material) is being or has been excavated and that has not
been rehabilitated but shall not include an excavation incidental to the erection of
a building or structure or an excavation incidental to the construction of any public
work. This definition includes all activities which are normally associated with the
operation of a pit such as crushing, stockpiles, screening, processing, washing,
weighing scales, offices and open and enclosed storage, and also includes a
wayside pit as defined herein.
2.145 Place of Worship shall mean a building or portion thereof or an open area
dedicated to religious worship and may include accessory uses such as a church
hall, auditorium, daycare, parish hall, Sunday school or other non-profit
organizational uses.
2.146 Portable Asphalt Plant shall mean a facility with equipment designed to heat and
dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt
paving material. This definition includes stockpiling and storage of bulk materials
used in the process and which is not of permanent construction, but which is to be
dismantled at the completion of the construction project.
2.147 Printing Shop shall mean an establishment used for printing, typesetting,
blueprinting, engraving, stereotyping, duplicating and offset printing, and shall
include such uses as newspaper publishing.
2.148 Private Right-of-Way shall mean an access route from a lot over one or more
private properties which provides access to a public street.
SECTION 2 DEFINITIONS
33
2.149 Public Authority shall mean the Township of Leeds and the Thousand Islands,
the United Counties of Leeds and Grenville, a Conservation Authority, the St.
Lawrence Parks Commission, and any department of the Governments of Ontario
or Canada, including Ontario Power Generation, Hydro One, Eastern Ontario
Power and any Boards or Commissions thereof. It shall also include any telephone
or telegraph corporation, any natural gas distribution system operated by the
Corporation or on its behalf providing services to the residents of the Corporation
and possessing all the necessary powers, rights, licenses and franchise, any cable
company or any other utility.
2.150 Public Use shall mean a building, structure or lot used by a public authority.
2.151 Quarry shall mean land or land under water from which consolidated aggregate
(rock excluding minerals) is being or has been excavated and that has not been
rehabilitated but shall not include an excavation incidental to the erection of a
building or structure or an excavation incidental to the construction of any public
works. This definition includes all activities which are normally associated with the
operation of a quarry such as crushing, stockpiles, screening, washing, offices and
open and enclosed storage and also includes a wayside quarry as defined herein.
2.152 Reconstruction means the removal of all of or a part of a building or structure
from a lot and the construction of new buildings or structures or the renovation of
an existing building or structure on said lot.
2.153 Recreational Establishment shall mean a building used or intended to be used
for a theatre, bowling alley, curling rink, swimming pool, billiard parlour, health club,
athletic club, or similar uses.
2.154 Recreational Facility shall mean any building or structure or specific area planned
for, used for or related to intensive recreational activities; and shall include
camping areas, picnic areas, beaches, change rooms, outdoor shelters,
playground areas and equipment, hiking trails, sports fields and similar uses.
2.155 Recreational Vehicle shall mean any vehicle so constructed that it is suitable for
being attached to a motor vehicle for the purpose of being drawn or is self -
propelled, and is capable of being used on a short term recreational basis for
living, sleeping or eating accommodation of persons, notwithstanding that its
running gear is or may be removed. This definition includes motor homes, travel
trailers, tent trailers, campers, and park model trailers as defined herein, but shall
not include a mobile home.
2.156 Rental Establishment shall mean a building or portion thereof wherein the
primary use is the rental of machinery, equipment, furniture and fixtures.
2.157 Renovation means the repair, strengthening or restoration or a building or
structure to a safe condition but shall not include its replacement.
SECTION 2 DEFINITIONS
34
2.158 Residential Wind Turbine shall mean a small-scale wind energy system
generating power for the sole use of a dwelling situated on the same lot. Tower
height to range up to 37.0 metres (121.39 ft.) with a maximum blade diameter of
10.0 metres (32.8 ft.).
2.159 Restaurant shall mean a building or structure or portion thereof where food is
prepared and offered for sale to the public for consumption within the premises or
off the premises. This definition includes uses such as taverns, sports bars, chip
wagons and similar establishments.
2.160 Retail Store shall mean a building or portion thereof in which goods, wares,
merchandise, substances or articles are stored and offered for sale to the general
public and may include the storage of such goods, wares, merchandise,
substances or articles. This definition does not include any establishment
otherwise defined or classified in this By-law.
2.161 Retirement Home shall mean premises where lodging is provided primarily for
retired persons and may include common facilities for eating, recreation and other
such activities and may also include limited medical care.
2.162 Retreat Area shall mean an establishment used by religious groups for study,
relaxation, meditation and similar activities, including dining, lodging and other
compatible accessory facilities.
2.163 Riding Stable shall mean lands and buildings or structures used for the housing of
horses and may include a riding school, boarding stables, tack shop and other
related uses.
2.164 Salvage Yard shall mean an establishment where goods, wares, merchandise,
articles or things are kept, repaired or processed wholly or partly in the open, for
further use and offered for sale. This definition may include a junk yard or a scrap
metal yard and automobile wrecking yard.
2.165 School shall mean a school under the jurisdiction of a Board as defined in the
Education Act.
2.166 School, Commercial shall mean a school conducted for hire or gain, and
includes the studio of a dancing teacher, a music teacher, an art school, school
of calisthenics, business or trade school and any other such specialized school
conducted for hire or gain. This definition does not include a private academic,
religious or philanthropic school.
2.167 Seasonal Camp shall mean a commercial or non-commercial establishment
which provides eating, sleeping, recreational and related facilities for use by
groups and includes children's camps, church camp, boy scout camps,
YM/YMCA camps and similar uses.
SECTION 2 DEFINITIONS
35
2.168 Sensitive Land Use means any building or structure where people sleep or an
institutional use or certain recreational uses and may include, but is not limited to,
residence, motel, hotel, retirement home, hospital, school, place of worship, day
care or any lands used for camp ground, mobile home park, or picnic areas.
2.169 Septic Disposal System shall mean a privy, a greywater system, a cesspool, a
leaching bed system, a holding tank or any other privately-owned individual or
communal system for the on-site holding and/or treatment of sanitary sewage.
2.170 Service or Repair Shop shall mean a building or portion thereof where, whether
in conjunction with a retail store or not, articles or goods such as appliances,
furniture or similar items may be repaired or serviced. This definition shall not
include any manufacturing operation or establishment used for the service or
repair of vehicles.
2.171 Setback shall mean:
(a) with reference to a street, the distance between the centreline of the
street allowance and the nearest building line;
(b) with reference to a waterbody or watercourse, shall mean the distance
between the high water mark and the nearest part of any main building
or structure on the lot.
2.172 Sewage Disposal Site shall mean a site which is licensed or approved by the
Ministry of the Environment and/or its agents for use as a disposal site for
sewage and includes a sewage treatment plant or sewage lagoon.
2.173 Sight Triangle shall mean the triangular space formed by the street lines of a
corner lot and a line drawn from a point in one street line to a point in the other
street line, each such point being 6.0 metres (19.69 ft.) from the point of
intersection of the street lines (measured along the street lines). Where the two
street lines do not intersect at a point, the point of intersection of the street lines
shall be deemed to be the intersection of the projection of the street lines or the
intersection of the tangents to the street lines.
2.174 Sign shall mean a sign as defined in the Sign By-law of the Township of Leeds
and the Thousand Islands.
2.175 Sleeping Cabin shall mean a single storey building which is used only for
sleeping accommodation, which may contain washroom facilities but which does
not contain kitchen facilities.
2.176 Sludge shall mean stabilized organic soil conditioning material produced by a
sewage treatment plant.
SECTION 2 DEFINITIONS
36
2.177 Storage Compound shall mean a lot or portion thereof which is used for the
temporary storage of automobiles and other vehicles but shall not include a
salvage yard.
2.178 Storey shall mean that portion of a building other than an attic, basement or
cellar, between the surface of any floor and the surface of the floor, ceiling or roof
next above it.
(a) First Storey shall mean the lowest storey of a building, wherein the entire
floor is at or above grade elevation.
2.179 Street shall mean a public thoroughfare under the jurisdiction of either the
Corporation, the County or the Province of Ontario. This definition shall not
include a private right-of-way.
(a) Street Allowance shall have a corresponding meaning.
(b) Improved Street shall mean a Municipal Road which has been assumed
by the Corporation and is maintained on a regular year-round basis, or a
Provincial Highway, or a County Road.
(c) Unimproved Street shall mean a road allowance under the jurisdiction of
the municipality but which has not been brought up to Municipal standards
or assumed by By-law.
(d) Private road shall mean a street which is privately owned that serves two
or more lots.
2.180 Street Line shall mean the boundary of the right-of-way of the street.
2.181 Structure shall mean anything constructed or erected, either permanent or
temporary, the use of which requires location on the ground or attachment to
something having location on the ground and, without limiting the generality of
the foregoing, includes a mobile home, and permanent floating docks, boathouse
or other structures which are fixed or anchored to the high water mark or water's
edge. This definition shall not include temporary structures which do not require a
building permit.
2.182 Tavern shall mean "tavern" as defined by the Liquor License Act.
2.183 Temporary Construction Facilities shall include a shed, garage, scaffold, sales
office.
2.184 Tent and Trailer Park shall mean a privately owned parcel of land which is used
to provide temporary accommodation for the public or members of an
organization in tents, trailers or recreational vehicles whether or not a fee is
SECTION 2 DEFINITIONS
37
charged or paid for such accommodation, including park model trailers but
excluding mobile homes, which are not used as a principal place of residence, in
which the water supply and sewage
collection and disposal services are not designed to function during the winter
months and which are closed for the period of November 1 to May 1 of the
following year.
2.185 Tent and Trailer Site shall mean a parcel of land within a tent and trailer park
occupied by a tent or recreational vehicle.
2.186 Tourist Lodging Establishment shall mean premises or buildings to be used for
the purpose of sleeping accommodation on a temporary basis by tourists or
vacationers and shall include hotels, motels, motor inns, cabins or similar uses:
(a) Hotel shall mean a building designed or used for the accommodation of
the traveling or vacationing public, containing therein more than three
guest rooms served by a common building entrance. Accessory uses
may include accommodation for permanent staff and one or more
beverage rooms, dining rooms, meeting rooms or similar uses.
(b) Motel shall mean a building or buildings designed or used for the
accommodation of the traveling or vacationing public, containing therein
more than three guest rooms, each guest room having a separate
entrance directly from outside the building. Accessory uses may include
accommodation for permanent staff and one or more beverage rooms,
dining rooms, meeting rooms or similar uses.
(c) Cabin shall mean a building or structure designed and built for temporary
accommodation of the traveling or vacationing public, equipped with
heating and sanitary facilities, and limited cooking facilities.
2.187 Trailer shall mean any vehicle designed to be towed by a motor vehicle.
2.188 Trail System shall mean an area used for hiking, horseback riding, cross-country
skiing or other similar forms of non-motorized recreational travel.
2.189 Transportation Depot shall mean an establishment where commercial vehicles
are stored, repaired, washed, or maintained, including all administrative functions
relating thereto, and may also mean an establishment for the distribution of
goods or people in transit.
2.190 Transportation Terminal shall mean land, or a building or structure where
trucks, tractor trailers and/or buses are kept for hire, rental and/or lease, stored,
parked, and from which trucks, tractor trailers and/or buses are dispatched for
hire as common carriers. This definition may include buildings or structures used
for the storage and/or distribution of goods, wares and merchandise.
SECTION 2 DEFINITIONS
38
2.191 Use shall mean the purpose for which any land, building, structure or any
combination thereof is designed, arranged, occupied or maintained.
2.192 Utility shall mean a Public Utility as defined by the Public Utilities Corporation
Act.
2.193 Utility, Private shall mean a power generation utility not owned and operated by
a Public Authority as defined herein.
2.194 Value Retaining Facility(ies) shall mean the use of land, buildings or structures
for maintaining on-farm agricultural product quality and for providing minimum
amounts of processing to make farm product salable. Uses include, but are not
limited to, cold storage facilities, controlled-atmosphere storage, freezing,
cleaning, grading, drying, and simple packing of farm products, grading eggs,
evaporating maple syrup, extracting honey, and other similar uses.
2.195 Vehicle shall mean an automobile, boat, commercial motor vehicle, farm
implement, motorcycle, recreational vehicle, mobile home, vessel, snowmobile or
trailer.
2.196 Vessel shall mean a vehicle which is intended, as its primary function, to
facilitate transportation on water, and which possesses all of the following
attributes:
(a) a seaworthy hull design that meets Coast Guard standards for flotation,
safety equipment, fuel, electrical, sanitation and ventilations systems;
(b) designed, built and capable of functioning as a means of water
transportation and capable of travel in open waters under its own
integral, on-board permanently installed propulsion system;
(c) permanent equipment for its transportation function including on-board,
permanently installed propulsion and steering systems and navigational
equipment; and
(d) registered, if required, with applicable agencies.
2.197 Vehicles Sales or Rental Establishment shall mean an establishment having
as its main use the storage of vehicles for sale or the storage of automobiles for
rent or lease. Accessory uses may include facilities for the repair or maintenance
of such vehicles.
2.198 Veterinary Establishment shall mean a building or portion thereof used for a
veterinary practice where domestic animals, or other livestock are kept for
treatment, including surgery and where veterinary drugs and other related
products including pet food and supplies may be dispensed or sold and where all
SECTION 2 DEFINITIONS
39
functions take place within the building but shall not include a kennel or research
facility.
2.199 Warehouse shall mean a building used or intended to be used for the bulk
storage of goods, commodities, wares, merchandise or materials but not
including hazardous or noxious chemicals or similar substances or for Cannabis
Production and Processing.
2.200 Waste Management Facility shall mean a place where ashes, garbage, refuse,
domestic waste, industrial waste or municipal refuse is stored, processed,
recycled, transferred, composted or disposed of. This definition shall not include
a sewage treatment plant or lagoon.
2.201 Waterbody shall mean any bay, lake, natural watercourse, canal, municipal or
other drain but does not include an irrigation channel.
2.202 Watercourse shall mean a natural drainage channel that contains water either
permanently or intermittently, including creeks and streams.
2.203 Wayside Pit or Wayside Quarry shall mean a temporary pit or a temporary
quarry established by or on behalf of a public road authority on short notice solely
for the purpose of a particular project or contract of road construction or road
maintenance and not located on the road right-of-way.
2.204 Wetlands shall mean lands that are seasonally or permanently covered by
shallow water as well as lands where the water table is close to or at the surface.
In either case, the presence of abundant water has caused the formation of
hydric soils (soils in which there is an abundance of moisture) and has favoured
the dominance of either hydrophytic or water tolerant plants. The four major
categories of wetlands are swamps, marshes, bogs and fens.
2.205 Wholesale Establishment shall mean a building used or intended to be used for
the bulk storage and sale of quantities of goods, commodities, wares,
merchandise, or materials for resale or business use, but does not include
Cannabis Production and Processing.
2.206 Wrecking Yard shall mean an establishment or premises where derelict,
discarded, abandoned or inoperable motor vehicles or other equipment are
stored wholly or partly in the open and may include a salvage yard, junk yard,
automobile wrecking yard but shall not include any waste disposal site, any
establishment or operation incidental and subordinate to the running, repair or
sale in useable or operable conditions of any goods, wares, merchandise,
articles or things, or any other use that is separately defined in this By-law. A
wrecking yard may also include an area for recycling of tires.
SECTION 2 DEFINITIONS
40
2.207 Yard shall mean an open and unobstructed space from the ground to the sky
appurtenant to a building or structure located on the same lot as the said building
or structure.
(a) Front Yard shall mean the space extending across the full width of a lot
between the front lot line and the nearest part of any main building or
structure on the lot.
(b) Rear Yard shall mean a space extending across the full width of a lot
between the rear lot line and the nearest part of any main building or
structure on the lot.
(c) Side Yard shall mean a yard extending from the front yard to the rear yard
between the side lot line and the nearest part of any main building or
structure on the lot in the absence of a rear yard.
(i) Exterior Side Yard shall mean a side yard immediately adjacent to
a street.
(ii) Interior Side Yard shall mean a side yard immediately adjacent to
an interior side lot line.
2.208 Zone shall mean:
(a) a land use category as defined and regulated in this By-law; or
(b) a designated area of land use shown on the Schedule of this By-
law.
2.209 Zoning Administrator shall mean an officer or employee of the Corporation
charged with the duty of enforcing the provisions of this By-law or his or her
delegate.
41
SECTION 3
GENERAL PROVISIONS
3.1 Accessory Uses
(a) In a Residential Zone or on a lot in another zone having a residential use,
the following provisions will apply for buildings and structures which are
accessory to the residential use:
(i) Accessory buildings or structures shall not be located within any
minimum front yard or minimum exterior side yard, except as
specifically permitted in this By-law.
(ii) Accessory buildings or structures shall not be located closer than 1.0
metre (3.28 ft.) to any interior side or rear lot line, shall not be located
closer than 3.5 metres (11.48 ft.) to any exterior side lot line, except
that common garages may be centred on the mutual lot line provided
an access to the rear of the house a minimum width of 2.0 metres
(6.56 ft.) remains available;
(iii) Accessory buildings or structures other than residential wind turbines
shall not exceed 7 metres.
(iv) Accessory buildings or structures shall not occupy more than 4% of
the total lot area. Such accessory buildings or structures shall be
included as part of the total lot coverage permitted in the zone
requirements;
(v) The use of an accessory building for human habitation is not
permitted;
(b) In all other zones, accessory buildings and structures shall conform to the
requirements of the particular zone.
(c) Accessory residential wind turbines shall not be located within any minimum
front yard or minimum exterior side yard except as specifically permitted in
this By-law and shall not be located closer to any lot line than a distance equal
to the height of the structure, inclusive of the blades.
SECTION 3 GENERAL PROVISIONS
42
3.2 Adult Entertainment - Goods and Parlours - General Development
Standards
Where Adult Entertainment-Goods and Adult Entertainment-Parlours are
permitted in this By-law and notwithstanding any other provision of this By-law to
the contrary, the following provisions shall apply:
An adult entertainment-goods or adult entertainment-parlour will be prohibited
within 500.0 metres (1640.42 ft) of the following locations:
(i) any dwelling or dwelling unit other than an accessory dwelling unit;
(ii) any land zoned Residential;
(iii) any land zoned Institutional;
(iv) any meeting hall;
(v) any private or public park;
(vi) any private club;
(vii) any public use.
An adult entertainment-parlour must be located within a freestanding building,
and shall not be permitted to locate in a multi-tenant building.
3.3 Buildings to be Moved
No building or structure shall be moved within the limits of the Municipality or shall
be moved from outside the Municipality into the Municipality unless the building or
structure is a permitted use and satisfies all the requirements of the zone in which
it is to be located and then only after a building permit has been obtained from the
Chief Building Official.
3.4 Bulk and Fuel Storage Tanks
No bulk or fuel storage tank shall be permitted unless it complies with the
Technical Standards and Safety Act and the Ontario Fire Code.
3.5 Cannabis Production and Processing
Notwithstanding any other provision of this By-law, any Cannabis Production
and Processing shall be subject to the following provisions:
SECTION 3 GENERAL PROVISIONS
43
Separation Distances
a) Air Treatment Control
i) Any lands, building or structure or portion thereof used for Cannabis
Production and/or Processing purposes that is equipped with air treatment
control situated in the Agricultural Zone (A), Rural Zone (RU), or Rural
Industrial Zone (MR) shall be setback a minimum of 150 metres from any
Residential Zone, Institutional Zone, Open Space Zone or boundary of a
Settlement Area as designated in the Official Plan.
ii) Any lands, building or structure or portion thereof used for Cannabis
Production and/or Processing purposes that is equipped with air treatment
control shall be setback a minimum of 150 metres from any existing
dwelling, school, place of worship or daycare facility. The setback shall be
measured to the nearest wall of any building or structure used for cannabis
production or processing or to the licensed outdoor area, as applicable.
b) No Air Treatment Control
i) Any lands, building or structure or portion thereof used for Cannabis
Production and Processing purposes that is not equipped with air treatment
control situated in the Agricultural Zone (A), Rural Zone (RU), or Rural
Industrial Zone (MR) shall be setback a minimum of 300 metres from any
Residential Zone, Institutional Zone, Open Space Zone or boundary of a
Settlement Area as designated in the Official Plan.
ii) Any lands, building or structure or portion thereof used for Cannabis
Production and/or Processing purposes that is not equipped with air
treatment control shall be setback a minimum of 300 metres from any
existing dwelling, school, place of worship or daycare facility. The setback
shall be measured to the nearest wall of any building or structure used for
cannabis production or processing or to the licensed outdoor growing area,
as applicable.
c) A building or structure used for solely for security purposes for Cannabis
Production and Processing may be located in the required front yard and
does not have to comply with the required minimum front yard, side yard, and
rear yard setbacks as set out in this Section 3.5.
d) Cannabis Production and Processing shall only be permitted in the zones as
explicitly indicated in this Zoning By-law.
e) Cannabis Production and Processing facilities shall be subject to Site Plan
Control.
SECTION 3 GENERAL PROVISIONS
44
3.6 Commercial Patios
(a) No commercial patio shall be located closer than 0.50 metres (1.64 ft.) to
any street line;
(b) No commercial patio shall be permitted to encroach upon any required
parking space, loading zone or driving aisle;
(c) No commercial patio shall be established in a yard which abuts a zone
other than commercial or industrial;
(d) No part of a commercial patio shall be permitted on a sight triangle as
defined in this By-law.
3.7 Corner Lot Sight Triangles
Notwithstanding any provisions of this By-law to the contrary, within any area
defined as a sight triangle, the following uses shall be prohibited:
(a) a building, structure, or use which would obstruct the vision of drivers of
motor vehicles, excluding a chain link or wire fence;
(b) a tree, hedge, bush or other vegetation, other than agricultural crops, the
top of which exceeds 0.75 metres (2.46 ft.) in height above the elevation
of the centreline of abutting streets;
(c) a parking area and/or a loading space;
(d) a finished grade which exceeds the elevation of the centreline of abutting
streets by more than 0.75 metres (2.46 ft.).
3.8 Established Building Line in Built-Up Area
Notwithstanding the yard and setback provisions of this By-law to the contrary,
where a permitted building is to be erected on a lot in a built-up area where there
is an established building line, such permitted building may be erected closer to
the street line or the centreline of the street than required by this By-law,
provided such permitted building is not erected closer to the street line or
centreline of the street than the established building line on the date of passing of
this By-law.
3.9 Frontage on an Improved Street
No building or structure shall be erected in any zone, except an Island Residential
(RI) Zone, for any purpose other than a non-residential building or structure
accessory to a permitted agricultural, forestry or conservation use unless:
SECTION 3 GENERAL PROVISIONS
45
(a) the lot on which such building or structure is located has frontage on and
direct access to an improved street;
(b) The lot on which such building or structure is to be located was in
existence on the date of passing of this By-law or was created under
Section 53 of the Planning Act and has access to an improved street by a
private right-of-way;
(c) On a lot in existence on the date of passing of this by-law and which is a
landlocked parcel not having access to an improved street or private right-
of-way, but does have access to a navigable waterway, this lot may be
used for a single detached dwelling and accessory uses in accordance
with the zone provisions in which it is located.
This provision shall not apply to a lot on a registered plan of subdivision where an
agreement between the owner and the Corporation which includes provisions for
the construction and maintenance of the streets is registered in the Registry
Office or Land Titles Offices, or a lot subject to a Condominium Agreement or a
Common Elements Agreement, approved by Council.
3.10 Group Homes
Group homes shall be permitted in any zone that allows a single detached
dwelling provided it conforms to the following provisions:
(a) Group homes will only be permitted in a building which conforms to the
zone requirements for a single detached dwelling;
(b) No more than ten (10) group homes will be permitted in the
municipality;
(c) No group home shall be permitted within 500.0 metres (1640.42 ft.) of
another group home.
3.11 Height Exceptions
Where height limitations are set forth in this By-law, such limitations shall not
apply to antennae, belfries, bridges, church steeples, chimneys, clock towers,
communications facilities, electrical supply facilities, flagpoles, grain elevators,
hydroelectric transmissions tower, lightning rods, lighting standards, mechanical
equipment, silos, skylights, solar panels, ventilators and water tanks.
Notwithstanding the foregoing, the height limitations set forth in this By-law shall
not apply to residential wind turbines or commercial wind turbines located in the
Agricultural Zone (AG) or in the Rural Zone (RU). Notwithstanding the foregoing,
limitations prescribed by the Federal Ministry of Transport or practices
SECTION 3 GENERAL PROVISIONS
46
recommended by the Ministry with respect to height limitations and appropriate
lighting in the vicinity of airfields shall prevail.
3.12 Home Industries
Home industries shall only be permitted in the General Agricultural (AG) Zone
and in the Rural (RU) Zone in accordance with the following provisions:
(a) No more than 25% or 40.0 square metres (430.57 sq.ft.) of the total floor
area of the dwelling, whichever is the lesser, shall be used for the purpose
of a home industry;
(b) Accessory buildings may be erected, altered or used for the purpose of a
home industry provided that no more than 50.0 square metres (538.21
sq.ft.) of the gross floor area of all accessory buildings shall be used for
the purpose of home industry uses and provided it is located a minimum of
15.0 metres (49.21 ft.) from any lot line and a minimum of 45.0 metres
(147.64 ft.) from a dwelling located on another lot;
(c) No more than two (2) people, other than the permanent residents of the
dwelling, shall be engaged in the home industry;
(d) Open storage may be permitted provided such storage is a minimum of
15.0 metres (49.21 ft.) from any lot line and a minimum of 45.0 metres
(147.64 ft.) from a dwelling located on another lot and that no more than
40.0 square metres (430.57 sq.ft.) of lot area is used for the open storage;
(e) The activity shall not create or become a nuisance in regard to noise,
odour, vibration, traffic or parking;
(f) The only retail sales allowed shall be for those products substantially
produced or made on site or which are accessory and essential to the
business. Retail sales and related storage areas shall not occupy more
than 10.0 square metres (107.64 sq.ft.) of total floor area.
3.13 Home-Based Business
(a) Residential
Home occupations shall be permitted accessory to any residential
use in accordance with the following provisions:
(i) The business is conducted by the permanent residents of the
dwelling;
SECTION 3 GENERAL PROVISIONS
47
(ii) No more than two (2) people, other than the permanent residents
of the dwelling, shall be engaged in the business;
(iii) The total amount of floor area used and devoted for the home
occupation shall not exceed 25% or 40.0 square metres (430.57
sq.ft.) of the floor area of the dwelling, whichever is lesser, or in
the case of a tourist lodging establishment, up to three bedrooms
shall be used for home occupation purposes;
(iv) There shall be no external display or advertising of the home
occupation other than a sign in accordance with the provisions of
the Sign By-law of the Municipality;
(v) The only retail sales permitted shall be for those products
substantially made on site or which are accessory and essential
to the business. Retail sales and related storage areas shall not
occupy more than 10.0 square metres (107.64 sq.ft.) of total floor
area;
(vi) Where instruction is carried on, no more than six (6) pupils are in
attendance at one time;
(vii) The activity shall not create or become a nuisance, in regard to
noise, odour, vibration, traffic or parking;
(viii) No mechanical or electrical equipment shall be used except that
reasonably consistent with the use of a dwelling;
(ix) No open storage of materials shall be permitted;
(x) No storage of hazardous materials such as paints or other
flammable corrosive or explosive substance shall be permitted;
(xi) Not more than one motor vehicle used for commercial purposes is
kept on the premises but not such vehicle, in whole or in part,
shall be located on any public road allowance.
(b) Rural
Rural home occupations shall be permitted accessory to any agricultural
use. Any such use shall conform to the following provisions:
(i) The business is conducted by any of the permanent residents of
the dwelling;
SECTION 3 GENERAL PROVISIONS
48
(ii) No more than two (2) people, other than the permanent
residents of the dwelling, shall be engaged in the rural home
occupation;
(iii) The only retail sales allowed shall be for those products
substantially produced, grown or made on site or which are
accessory and essential to the business. Retail sales and related
storage areas shall not occupy more than 10.0 square metres
(107.64 sq.ft.) of total floor area;
(iv) The total amount of floor area used and devoted to the home
occupation shall not exceed 25% or 40.0 square metres (430.57
sq.ft.) of the floor area of the dwelling, whichever is lesser;
(v) Open storage may be permitted for the rural home occupation
provided such storage is a minimum of 15.0 metres (49.21 ft.)
from any lot line and a minimum of 45.0 metres (147.64 ft.) from
a dwelling located on another lot and that no more than 40.0
square metres (430.57 sq.ft.) of lot area is used for the open
storage.
3.14 Loading Requirements
The owner or occupant of any lot, building or structure located in an Industrial or
Commercial Zone which involves the frequent receiving, shipping, loading or
unloading of animals, goods, wares, merchandise or raw materials shall provide
and maintain on the lot occupied by the building or structure, loading spaces in
accordance with the following regulations.
(a) Number of Spaces Required.
The number of loading spaces provided shall be in accordance with the
floor area of the building or structure as follows:
Floor Area of Building Number of Loading Spaces
Commercial Uses
Less than 200 sq.m None
(2152.85 sq.ft.)
200.0 sq.m to 1000.0 1
sq. m (10764.26.ft.)
Over 1000.0 sq.m 2 plus 1 additional space for each
additional
1000.0 sq.m of floor area or part thereof
SECTION 3 GENERAL PROVISIONS
49
Industrial Uses
Less than 400.0 sq.m None
(4305.7 sq.ft.)
400.0 sq.m to 2000.0 1
sq.m (21528.53 sq.ft.)
Over 2000.0 sq.m 1 plus 1 additional space for each
additional
2000.0 sq.m of floor area or part thereof
(b) Size of Loading Space
Each loading space shall be at least 14 metres (45.93 ft.) long, 3.5
metres wide and have a vertical clearance of 4.5 metres (14.76 ft.).
(c) Location
The required loading spaces shall be provided on the lot occupied by
the building or structure for which the spaces are required and such
space shall not form of any street or required parking area, and shall
not be located within a front yard or exterior side yard.
(d) Access
Access to loading spaces shall be by means of a lane at least 3.5
metres (11.48 ft.) wide for one way traffic and 6.0 metres (19.69 ft.)
wide for two traffic and located on the same lot.
(e) Cumulative Standards
Where more than one use is permitted on any lot, the requirements
of this By-law with regard to parking and loading requirements shall
be cumulative.
(f) Additions to Buildings
The loading space requirements shall not apply to any building or
structure in existence at the date of passing of this By-law so long as
the floor area, as it existed at such date, is not increased. If an
addition is made to the building structure which increases the floor
area, then additional loading spaces shall provided as required in
Section 3.14 (a) for such addition.
(g) Surfaces
Accesses and loading spaces shall be surfaced with a stable
material such as concrete, asphalt, crushed stone or gravel.
SECTION 3 GENERAL PROVISIONS
50
3.15 Landscaped Open Space
(a) In any zone, any portion of any minimum required yard which is not
used for any other permitted purpose shall be devoted to landscaped
open space.
(b) Where landscaped open space is required as buffering, such
landscaping shall be continuous except for driveways, aisles or
walkways which provide access to the lot.
3.16 Lots Containing More Than One Use
Where a lot contains or is proposed to contain more than one use, each
use shall conform to the provisions of this By-law for the Zone where such
use is located.
3.17 Lots Divided Into More Than One Zone
Where a lot is divided into more than one zone, the zone boundary shall not be
treated as a lot line and each portion of the lot must be used in accordance with
the provisions of the applicable zone. In the case of a conflict, the more restrictive
provision(s) shall apply.
3.18 Marine Facilities
For the purpose of this section, perimeter shall mean all surfaces which abut
water. Unless otherwise stated in this By-Law, marine facilities in all zones are
subject to the following:
(a) the maximum total perimeter of marine facilities shall be 60.0 metres
(196.85 ft.) with a maximum total area of 75.0 square metres (807.29
sq.ft.).
(i) Islands have different requirements from shoreline dwellings.
Where shoreline dwellers have garages and laneways to park
their various vehicles, Island dwellers require storage and
parking (docking) space for the many types of marine vehicles.
Visitors to shoreline facilities may overflow onto the roads next to
dwellings. Islanders have requirements for marine facilities,
which shall have the following limitations: Islands and lots on
Islands having an area of 1 ha. (2.5 acres) and above, the
maximum perimeter will be 120.0 metres (400.0 ft) with a
maximum total area of 150 sq. metres (1614.00 sq.ft).
For Islands and lots on islands having an area between 1 ha
(2.47 ac.) and 0.1 ha (0.25 ac.), the area of marine facilities shall
not exceed 3% or a maximum of 150 square metres (1614.59),
SECTION 3 GENERAL PROVISIONS
51
whichever is less, of the total area of the island or lot and the
maximum perimeter will be 120.0 metres (400 ft).
Any undeveloped island smaller than 0.1 ha or 0.25 acres will be
limited to a single dock not exceeding 2% of the islands total
area.
(b) marine facilities shall not exceed 6.0 metres (20 ft) in height measured
from high water geodetic;
(c) the area of a pump house shall not exceed 6.0 square metres in area
and 3.0 metres (9.84 ft.) in height;
(d) the total and combined width of marine facilities, shall not occupy more
than 20% of the width of the shoreline or 15.0 metres (49.21 ft.),
whichever is lesser, of any lot which abuts a waterbody;
(e) no marine facility shall be located within 4.6 metres of a side lot line and
from the straight line projection of a side lot line into the abutting
waterbody. There shall be no minimum yard requirement for the yard
adjacent to the water.
(f) the length of the marine facility shall not exceed the width of the water
frontage of the lot containing the subject dock.
3.19 Minimum Distance Separation Formulas
(a) All development within the Rural and Agricultural Zones shall comply
with the Minimum Distance Separation I (MDS I) Formula, as
amended from time to time. However, in the event of a conflict
between the calculated MDS I setback distance and any other
established setback contained herein, the most restrictive setback
shall apply. The above provision shall not apply to those lots legally
existing as of the date of passing of this By-law.
(b) No livestock facility nor associated manure storage facility shall be
erected or expanded unless it complies with the Minimum Distance
Separation II (MDS II) Formula within the Agricultural, Rural or any of
the Mineral Resources Zones, as amended from time to time.
However, in the event of a conflict between the calculated MDS 11
setback distance and any other established setback contained herein,
the most restrictive setback shall apply.
(c) Where an existing building does not conform to the Minimum Distance
Separation requirements, the above provisions shall not apply in
cases of rebuilding after a fire or damage through causes beyond
SECTION 3 GENERAL PROVISIONS
52
human control, provided that the rebuilding does not further diminish
the existing separation.
(d) No livestock facility shall be located within 15 metres (49.2 ft.) of a
drilled well having a casing more than 6 m or within 30 metres (98.4 ft)
of any other well.
3.20 Municipal Services
No person shall hereafter erect and use in whole or in part any main building for
any purpose in any zone within the limits of the Village of Lansdowne as shown
on Schedule ‘F', unless it is connected to the municipal water supply and
sanitary sewer systems.
3.21 Non-Complying & Non-Conforming Uses
(a) Continuance of Existing Uses
Nothing in this By-law shall prevent the use of any land, building or structure
for any purpose prohibited by the By-law if such land, building or structure
was lawfully used for such purpose on the day of the passing of the By-law,
so long as it continues to be used for that purpose.
(b) Repair, Restoration and Reconstruction of Non-Conforming Uses or Non-
Complying Uses, Buildings or Structures
(i) A legal non-conforming use or non-complying use, building or
structure may be repaired or restored provided that:
- Such repair or restoration does not increase the height, size,
volume or extent of non-conformity or non-compliance of the
use, building or structure, except as required in order to comply
with the requirements of the Ontario Building Code.
(ii) A legal non-conforming use or a non-complying use, building or
structure may be reconstructed provided that:
A building permit must be obtained and the owner demonstrates
continuous intention to continue the long-established pattern of
usage.
Such reconstruction does not increase the height, size or
volume or extent of non-conformity or non-compliance of the
use, building or structure beyond that existing prior to the
occurrence of the damage, except as required in order to
comply with the requirements of the Ontario Building Code.
SECTION 3 GENERAL PROVISIONS
53
(c) Enlargement of Non-Conforming Use/Non-Complying Structures
A non-conforming use or non-complying structure may not be enlarged
except by permission granted by the Committee of Adjustment or by
amendment to this By-law.
(d) Alterations to Non-Complying Buildings or Structures
Nothing in this By-law shall prevent the alteration or enlargement of an
existing non-complying building or structure provided such alteration or
enlargement does not further reduce any provision of this by-law with which
the existing building or structure is not in compliance.
(e) Building Permit Issued
Nothing in this By-law shall prevent the construction or use of any building
or structure for a non-conforming use if the plans for such building or
structure were approved by the Chief Building Official prior to the date of
passing of this By-law, provided that:
(i) when the building or structure is constructed, it shall be used and
shall continue to be used for the purpose for which the building
permit was issued; and
(ii) the erection of such building or structure is commenced in
accordance with the Building Code Act and regulations and
applicable municipal by-laws.
(f) Existing Non-Complying Lots
Where, on the date of passing of this By-law, a lot exists with less than the
minimum lot frontage, and/or lot area required by this By-law, or is
increased in lot frontage, and/or lot area but is still undersized, such non-
complying lot may be used and a building or structure may be erected,
altered or used for a purpose permitted in the zone in which it is located on
the date of the passing of this By-law without the requirement to obtain relief
from the applicable lot frontage, and/or lot area provisions of this By-law.
This provision shall also apply to lots that become non-complying that
have resulted from expropriates, government acquired lands and/or road
widening provided the action was initiated by the Corporation, United
Counties of Leeds and Grenville, the Government of Ontario or Canada,
any agencies, boards, commissions or authorities thereof, and any
company providing electricity, natural gas, wired or wireless
communications or rail transportation. This provision shall not be
construed as granting relief from any other provisions of this By-law
SECTION 3 GENERAL PROVISIONS
54
(g) Where an existing lot is changed in area, depth or frontage and contains
thereon existing non-complying buildings or structures, such lot may be
altered in area, depth or frontage so long as the existing building or structure
non-compliance is not made worse.
(h) Accessory Buildings
Nothing in this By-law shall prevent the erection of a building accessory to a
nonconforming use provided that such accessory building conforms with all
relevant provisions of this By-law.
(i) Change of Use
The use of any lot, building or structure which is not permitted in the zone
in which it is located, shall not be changed except to a use which is listed
as a permitted use in such zone or to a use which is authorized by the
Committee of Adjustment pursuant to its powers under the Planning Act.
(j) Replacement of Non-Complying Septic Disposal Systems
Where an existing septic disposal system is to be replaced, the new system
is to be positioned on the property as per the provisions of this by-law or, if
the setback from a waterbody or watercourse cannot be met, as far back as
physically possible from the waterbody or watercourse but no closer than the
existing system.
3.22 Occupancy Restrictions
(a) Human habitation shall not be permitted in any of the following
buildings, structures or parts thereof:
(i) accessory use or marine facility,
(ii) any truck, bus or similar vehicle, recreational vehicle if located
outside of a Tent and Trailer Park or Camping Area, coach,
trailer, streetcar body or railway car whether or not the same is
mounted on wheels;
(iii) Any mobile home or recreational vehicle except in accordance
with the Temporary Uses provisions of this by-law.
SECTION 3 GENERAL PROVISIONS
55
3.23 On-farm Agriculture-Related Uses and On-farm Diversified Uses (Special
Provisions)
For On-farm Agriculture-Related Uses and On-farm Diversified Uses in Rural and
Agricultural Zones the following additional provisions shall apply:
(a) On-farm agriculture-related and on-farm diversified uses are only
permitted on active agricultural operations.
(b) On farm agriculture-related and on-farm diversified uses shall be located
in accordance with the provisions of the zone in which they are located.
(c) Lot Area (minimum): 20 ha (49.42 acres)
(i) The lot area can be cumulative and include all lands actively farmed
by the owner, as evidence by ownership, operational patterns and/or
current lease arrangements. However, the use(s) cannot occupy more
than 20% of the lot on which it is located.
(d) Lot Coverage (maximum):
(i) 2% to a maximum of 1 ha (2.5 ac);
(ii) Lot Coverage for on-farm agriculture-related and on-farm diversified
uses shall be included as part of the total maximum lot coverage
permitted under the zone requirements.
(iii) The lot coverage calculation for on-farm diversified uses shall contain
all aspects related to all on-farm diversified uses and shall include all
buildings, outdoor storage, landscaped areas, berms parking and new
access roads associated with that use;
(iv) Square footage for use of existing buildings shall be calculated at 50%
of th total building space being repurposed for the purposes of
calculating lot coverage pursuant to this section.
(v) Square footage for use of heritage designated buildings shall be
calculated at 75% of the total building space being repurposed for the
purposes of calculating lot coverage pursuant to this section.
(e) A strip of landscaped open space, a minimum of 1.5 m (4.92 ft) wide shall
be provided along any lot line abutting a street, and such landscaped open
space shall be continuous, except for aisles and driveways required for
access to the parking area. Where a parking area providing more than four
(4) parking spaces abuts a street or Residential Zone, a strip of
landscaped open space a minimum of 3.0 m (9.84 ft.) or 1.0 m (3.28 ft.)
SECTION 3 GENERAL PROVISIONS
56
combined with a solid fence with a minimum height of 1.5 m (4.92 ft) shall
be provided along the abutting lot line.
(f) The landscaped open space shall be landscaped with planting material
sufficient to provide visual buffering as approved by the Municipality in
accordance with an approved Site Plan and shall be maintained in a
healthy growing condition.
3.24 Open Storage
In any zone where open storage is permitted, the following provisions shall
apply:
(a) the open storage is accessory to the principal use of the lot;
(b) open storage shall not be permitted within any minimum required front or
minimum required exterior side yard, or in any other side or rear yard
where the side or rear lot line abuts any Residential or Institutional Zone
and/or any public road;
(c) a strip of landscaped open space, a minimum of 3.0 metres (9.84 ft.) in
width shall be provided around all open storage areas;
(d) where open storage areas abut Residential or Institutional Zones, the
required landscaped open space must also include visual screening with a
minimum height of 3.0 metres (9.84 ft.) and sufficient to effectively screen
the use within two (2) years. Any combination of plant materials,
landscaped berms or fencing may be used;
(e) open storage shall not exceed a maximum height of 3.0 metres (9.84 ft.)
(f) any areas used for open storage shall be in addition to any minimum off-
street parking or loading areas required by this By-law.
3.25 Outdoor Illumination
Lighting fixtures designed for exterior illumination shall be installed with the light
directed downward and deflected away from adjacent lots and streets.
3.26 Parking Requirements
(a) Requirements
The owner of every building or structure erected, enlarged or used for any
of the purposes hereinafter set forth shall provide and maintain for the sole
use of the owner, occupant, or other persons entering upon or making use
SECTION 3 GENERAL PROVISIONS
57
of the said premises from time to time, one or more parking spaces, in
accordance with the following:
Type of Use Minimum Parking Spaces Required
Single Detached, Semi-Detached and
Duplex Dwellings
2 parking spaces per dwelling unit.
Apartment Dwelling or Row House
Dwelling
1.5 parking spaces per dwelling unit, or
a minimum of 15% shall be reserved
for the exclusive use of visitors
Group Home
1 parking space per every two group
home residents
Other Residential Uses permitted by
this By-Law
1 parking space per dwelling unit.
Adult Entertainment-Goods and
Parlours
1 space for every 3 persons to be
accommodated according to maximum
permitted capacity, or 1 space for every
4.0 square metres of floor space area,
whichever is greater.
Agricultural Use
None
Animal Hospital, Veterinary
Establishment
1 parking space per 20.0 square
metres (215.29 sq. ft.) of floor area.
Automobile Service Station or Body
Shop
1 parking space per 20.0 square
metres (215.29 sq.ft.) of floor area or
portion
thereof.
Bed and Breakfast
1 parking space per guest bedroom in
addition to the parking requirements for
the dwelling.
Boarding House
0.5 parking spaces per bedroom.
Bowling Alley or Curling Rink
3 parking spaces per bowling lane or
curling sheet.
Business or Professional Offices
1 parking space per 20.0 square
metres (215.29 sq.ft.) of floor area or
portion thereof; minimum 3 parking
spaces.
SECTION 3 GENERAL PROVISIONS
58
Community Centre, Auditorium,
Conference Centre, Private or
Commercial Club, Place of Worship
The greater of:
(i) 1 parking space for 4 fixed seats or
portion thereof;
(ii) 1 parking space per 10.0 sq.m
(107.64 sq.ft.) of floor area.
Financial Office
1 parking space per 15.0 square
metres (161.46 sq.ft.) of floor area or
portion thereof; minimum 3 parking
spaces.
Home Occupation, Home Industry
1 parking space per employee, in
addition to the parking requirements of
the dwelling.
Industrial Establishment (other than
those listed separately herein)
1 parking space per 80.0 square
metres (861.14 sq.ft.) of manufacturing
floor area and associated office area or
portion thereof plus 1 parking space
per 100.0 square metres (1076.43
sq.ft.) of warehousing or storage floor
area or portion thereof.
Nursing Home, Clinic, Hospital
1 parking space for each 3 beds or
fraction thereof.
Retirement Home
1 parking space per 4 units or fraction
thereof.
Medical or Dental Office
1 parking space per 20.0 square
metres (215.29 sq.ft.) of floor area or
portion thereof, with a minimum of 6
spaces per doctor.
Museum, Art Gallery
1 parking space for every 90.0 square
metres (968.78 sq.ft.) of display area
including any basement floor area used
for display purposes.
Public Building
1 parking space per 20.0 square
metres (215.29 sq.ft.) of floor area of
portion thereof.
SECTION 3 GENERAL PROVISIONS
59
Marina
1 parking space for each boat slip
rented on a seasonal basis, 2 parking
spaces for each rental boat capable of
providing overnight accommodation
and 1 space for every 25.0 sq.m
(269.12 sq.ft.) of floor area.
Restaurant
1 per every 4 persons which can be
accommodated according to the
maximum permitted capacity, minimum
5 spaces; plus 1 parking space for
every eight (8) seats on an accessory
commercial patio.
Restaurant, Take-Out
1 parking space per 15.0 square
metres (161.46 sq.ft.) of floor area.
Retail Store, Retail Convenience
Store, Rental Outlet, Automotive
Store, Merchandise Service Shop,
Personal Service Establishment,
Bakery or Bake Shop
1 parking space per 25.0 square
metres (269.12 sq.ft.) of floor area or
portion thereof; minimum 3 parking
spaces.
School, Commercial
1 parking space per 30.0 square
metres (322.93 sq.ft.) of floor area or
portion thereof; minimum 4 spaces.
School, Elementary
The greater of:
(a) 1.5 spaces per classroom;
(b) 1 space per 4.0 sq.m (43.06 sq.ft.)
of floor area in the gymnasium; or
(c) 1 space per 4.0 sq.m (43.06 sq.ft.)
of floor area in the auditorium.
School, Secondary
The greater of:
(a) 4 spaces per classroom;
(b) 3 spaces per 4.0 sq.m (43.06
sq.ft.) of floor area in the
gymnasium; or
(c) 3 spaces per 4.0 sq.m (43.06
sq.ft.) of floor area in the
auditorium.
SECTION 3 GENERAL PROVISIONS
60
Shopping Centre or Shopping Plaza
5 parking spaces per 100.0 sq.m
(1076.43 sq.ft.) of net leasable area or
portion thereof, except for Business
Offices, the minimum required parking
spaces for such areas shall be that for
a Business Office.
Tourist Lodging Establishment
1 parking space per guest room or
suite plus 1 parking space for each 4
persons that can be accommodated at
any one time in a beverage room,
dining room or meeting room.
Undertaking Establishment, Funeral
Parlour spaces
1 parking space per 30.0 sq.m (322.93
sq.ft.) of floor area with a minimum of
10 spaces.
Warehouse Establishment or Truck
Terminal
1 parking space per 100.0 sq. m
(1076.43 sq. ft) of gross floor area.
Wholesale Business
1 parking space per 100.0 square
metres (1076.43 sq.ft.) of gross floor
area including any basement floor area
used for wholesale business purposes
but a minimum of 1 parking space shall
be provided.
Other Non-Residential Uses
permitted by this By-Law
The greater of:
(a) 1 space per 25.0 sq.m (269.12
sq.ft.) of floor area or portion
thereof, or
(b) 1 space per 4 persons design
capacity; or
(c) 1 space per 2 persons employed
on the lot.
(b) Accessible Parking
(i) In any zone, the required number of parking spaces shall include the
provision of accessible parking spaces in the minimum quantity
specified below:
a. Residential: Accessible parking spaces are provided at a rate of 4%
of the required parking spaces. A minimum of one Type A (Van
accessible) accessible space required, rounded up to the nearest
whole number. Equal numbers of Type A (Van accessible) and Type
SECTION 3 GENERAL PROVISIONS
61
B are required. If an odd number is required, the additional space
may be either type. Accessible parking is not required for single
detached and semi-detached houses, duplexes, triplexes, town
houses, and row houses that do not have shared parking
arrangements.
b. Commercial and residential: Accessible parking spaces are provided
at a rate of 4% of the required parking spaces. A minimum of one
Type A (Van accessible) accessible space required, rounded up to
the nearest whole number. Equal numbers of Type A (Van
accessible) and Type B are required. If an odd number is required,
the additional space may be either type.
c. Industrial: Accessible parking spaces are provided at a rate of 4%
for the first 200 required parking spaces and 3% for the additional
required parking spaces, including a minimum of one Type A (Van
accessible) required accessible space, rounded up to the nearest
whole number. Equal numbers of Type A (Van accessible) and Type
B are required. If an odd number is required, the additional space
may be either type.
d. Institutional: Accessible parking spaces are provided at a rate of
10% of the required parking spaces. A minimum one Type A
accessible space required, rounded up to the nearest whole
number. Equal numbers of Type A (Van accessible) and Type B are
required. If an odd number is required, the additional space may be
either type.
e. All other uses: Accessible parking spaces are provided at a rate of
4% of the required parking spaces. Minimum one Type A space
required. Equal numbers of Type A (van accessible) and Type B are
required. If odd, the additional space may be either type.
(ii) Design Standards The following regulations shall also apply to
accessible parking spaces:
a. Type A (Van accessible) spaces shall have minimum rectangular
dimensions of 3.4 metres width by 5.5 metres length and must have
signage specifying that they are van-accessible.
b. Type B spaces shall have minimum rectangular dimensions of 2.7
metres width by 5.5 metres length.
c. an access aisle with minimum rectangular dimensions of 1.5 metres
width by 5.5 metres length and marked with high tonal contrast
diagonal lines is required adjacent to Type A and Type B accessible
parking spaces. The access aisle may be shared between spaces.
d. all accessible parking spaces shall be marked by an identifying
marker on the pavement consisting of the International Symbol of
Access as a 1.53 x 1.53 m white border and symbol with a blue
background field colour centered on the parking stall 0.5-0.8 m from
the traffic aisle;
SECTION 3 GENERAL PROVISIONS
62
e. all accessible parking spaces shall be appropriately signed in
accordance with provincial regulations;
f. a minimum vertical clearance of 2.9 metres (10 feet) shall be
provided at accessible parking spaces, passenger loading zones,
and along access routes to accessible parking spaces;
g. gradient for a barrier free vehicle parking space shall not exceed five
(5) per cent;
h. wheel stops shall be placed to provide a minimum 0.8 metres clear
space for wheelchair access;
i. accessible parking spaces shall be located closest to the nearest
accessible entrances(s) of the building on an accessible route;
j. curb ramps, where required, shall be provided to permit access
k. from the parking area to a sidewalk.
(c) Parking Space Dimensions
Every parking space, except for barrier free parking spaces, shall have
dimensions of at least 2.75 metres (9.02 ft.) in width by 5.5 metres (18.0
ft.) in length. Except where parking spaces having access to a street are
provided for the exclusive use of a single detached, semi-detached or row
housing dwelling, every parking space shall be provided with unobstructed
access to a street by a driveway, or aisle.
(d) Location
Required parking in a Residential Zone shall be provided on the same lot
as the dwelling unit. In all other zones, the required parking may be
provided within 100.0 metres (328.08 ft.) of the building it is intended to
serve and no part of any parking area required for a use other than
Residential shall be permitted in a Residential Zone. Where required
parking is not provided on the same lot, the lot or part of the lot where the
parking is located shall be in the same ownership or be leased by a long
term renewable agreement and the parking spaces shall be retained for
the duration of the use which is being served.
(e) Cumulative Standards
Where two or more uses are permitted in any one building or on any one
lot, then the off-street parking requirements for each use shall be
calculated as if each use is a separate use and the total number of off-
street parking spaces so calculated shall be provided, except in the case
of a shopping centre or a shopping plaza.
SECTION 3 GENERAL PROVISIONS
63
(f) Access to Parking Areas
(i) Access driveways designated for two-way traffic shall be no less
than 6.0 metres (19.69 ft.) wide, but not more than 9.0 metres (29.53
ft.) in width except for Industrial Zones. Separate entrance and exit
driveways shall be not less than 3.5 metres (11.48 ft.) in width.
(ii) Access to parking areas for commercial or industrial uses shall not
pass through a Residential Zone.
(iii) Notwithstanding the provisions contained in Section 3.25 (f) (i),
commercial uses operating in existing buildings in the General
Commercial (CG) zone, may be permitted to have an access
driveway for two way traffic which is not less than 3.0 metres (9.84
ft.) in width.
(g) Commercial Vehicles
Commercial vehicles shall not be parked within any Residential Zone or on
a lot used for residential purposes in a Rural Zone, except for the purpose
of delivery of goods, wares and merchandise when delivery is carried on in
the ordinary course of business. Notwithstanding the above, one school bus
or a commercial vehicle operated by the occupant of the dwelling and
having a gross vehicle weight of less than 2.0 tonnes may be allowed per
dwelling unit but shall not be parked in either a front yard or an exterior side
yard.
(h) Buffering
(i) Where, in a yard in any zone, a parking area providing more than
four (4) parking spaces abuts a lot in a Residential Zone, then a
continuous strip of landscaped open space a minimum width of 3.0
metres (9.84 ft.) or 1.0 metres (3.28 ft.) combined with a solid fence
with a minimum height of 1.5 metres (4.92 ft.) shall be provided along
the abutting lot line. The land between the fence and the parking
area shall be landscaped with planting material as approved by the
Municipality in accordance with an approved Site Plan and shall be
maintained in a healthy growing condition.
(ii) Where, in a yard in any zone, a parking area providing more than
four (4) parking spaces abuts a street, a strip of landscaped open
space a minimum width of 3.0 metres (9.84 ft.) shall be provided
along the lot line abutting the street and shall be continuous except
for aisles and driveways required for access to the parking area.
SECTION 3 GENERAL PROVISIONS
64
A planting strip referred to in this subsection may form part of any
landscaped open space required by this By-law.
(i) Addition to Existing Use
When a building or structure has insufficient parking spaces on the date of
passing of this By-law to comply with the requirements herein, this By-law
shall not be interpreted to require that the deficiency be made up prior to the
construction of any addition. However, if an addition is to be made to the
building or structure or a change of use is proposed which increases the
floor area and/or the parking spaces required, then parking space for the
addition and/or the new use, shall be provided as required by Section 3.25
(a) of this By-law.
(j) Cash Payment in Lieu of Parking
Notwithstanding the provisions of Section 3.25 (a) hereof, the minimum
number of parking spaces required herein may be reduced or waived
provided that the owner enters into an agreement with the Corporation
under Section 40 of the Planning Act.
3.27 Pits and Quarries
The making or establishing of pits or quarries within the municipality is prohibited
except in the Mineral Resource Pit (MRP) Zone in the case of a pit, for the Mineral
Resource Quarry (MRQ) Zone in the case of a quarry. This provision shall not
apply to the making or establishing of wayside pits or wayside quarries.
3.28 Public Uses and Utilities
(a) Any land may be used and any building or structure may be erected or used
for the purpose of a public use as defined in this By-law (excluding a waste
disposal site), provided that:
(i) all buildings comply with lot coverage, setback and yard
requirements prescribed for the zone in which such building is
located;
(ii) no open storage of goods, materials, or equipment shall be
permitted except in accordance with the zone provisions;
(iii) no PCB's, other noxious chemical or similar substance is stored
upon the land.
(b) Nothing in this By-law shall prevent the land to be used as a street or
prevent the installation of a watermain, sanitary sewer main, storm sewer
SECTION 3 GENERAL PROVISIONS
65
main, gas main, pipeline or overhead or underground hydra, telephone line
or cable, traffic or other sign provided that the location of such street, main,
line or sign has been approved by the Corporation.
(c) Notwithstanding, buildings or structures may not be erected or used for
purposed of a public use as defined in this By-Law on lands zoned
Provincially Significant Wetland, Locally Significant Wetland or Area of
Natural and Scientific Interest, unless justified by an environmental impact
statement approved by the Township in consultation with the Conservation
Authority and/or technical agencies as required. Buildings or structures are
permitted on lands zoned Flood Plain for purposes of a public use as
defined by this By-Law and that by their nature must be on hazardous
lands.
3.29 Railway Crossings and Sign Distance
No new residential dwelling may be erected within 30.0 metres (100 ft.) of the
Canadian National Railway mainline right-of-way.
3.30 Second Residential Units
Where a Single Detached Dwelling, Semi-Detached Dwelling or Row House
Dwelling, as defined herein, is established on a lot in the Rural (RU), Rural
Residential (RR), or Agriculture (AG) zones, an Second Residential Unit is
permitted on the same lot in accordance with the following provisions:
(i) The second residential unit shall be located on a lot that abuts an improved
street or private road.
(ii) The lot meets the minimum lot area and lot frontage requirements of the
zone.
(iii) The building in which the second residential unit is located complies with all
applicable provisions of this By-law.
(iv) Where a detached building contains an second residential unit it shall
comply with the setback requirements, maximum height and lot coverage
requirements for a primary dwelling that is located on the same lot.
(v) The maximum Floor Area of the second residential unit shall be equal to or
less than the Floor Area of the primary dwelling.
(vi) A maximum of one second residential unit is permitted on a lot.
(vii) An second residential unit is not permitted on a lot containing two or more
dwelling units, a garden suite, or a boarding house.
SECTION 3 GENERAL PROVISIONS
66
(viii) The establishment of an second residential unit shall not be limited by any
zone provisions that establish a maximum number of dwelling units.
(ix) Prior to obtaining a building permit for an second residential unit, the
applicant shall obtain septic system approval.
(x) The second residential unit shall share the driveway entrance to the lot with
the primary dwelling.
(xi) Where a second residential unit is attached to or located within the primary
dwelling, the second residential unit must have a separate exterior entrance
located at the side, rear or front of the primary dwelling. A separate entrance
may also be provided through a joint entrance vestibule within the principal
dwelling unit.
(xii) The exterior entrance to a second residential unit that is within a principal
dwelling (i.e. not a detached second residential unit) and is located at the
side or rear of the principal dwelling, shall be accessed by a minimum 1.2
metre wide unobstructed pathway provided from the front of the principal
dwelling unit building or the front lot line. For the purposes of this Section, a
pathway is defined as a hard surface treated pathway that is separately
delineated from the driveway and provides pedestrian access. Unobstructed
means no obstructions to a height of up to 2.3 metres. This provision shall
not prevent the establishment of a gate to access the rear yard.
(xiii) A second residential unit shall not be permitted on an island or island lot;
(xiv) A second residential unit shall not be permitted on lands within 300 metres of
Highly Sensitive Lake Trout Lakes.
3.31 Separation Distances
(a) The following separation distances will apply between a sensitive land
use and the uses listed below:
(i) within a minimum distance separation as established by
Minimum Distance Separation I in accordance with Section
3.19;
(ii) within 150.0 metres (492.13 ft.) of any land zoned Industrial
Wrecking Yard or used for wrecking yard purposes;
(iii) within 500.0 metres (1640.42 ft.) of any land zoned Waste
Management;
SECTION 3 GENERAL PROVISIONS
67
(iv) within 150.0 metres (492.13 ft.) of any land zoned Mineral
Resource Pit for pits above the ground water table and
within 300 metres for any land zoned Mineral Resource Pit
for pits below the groundwater table.
(v) within 300.0 metres (984.25 ft.) of any land zoned Mineral
Resource Quarry;
(vi) within 300.0 metres (984.25 ft.) of any land zoned Mineral
Resource Bedrock or Mineral Resource Aggregate;
(vii) with 500.0 metres (1640.42 ft) of any land zoned Mineral
Resource Wollastonite;
(viii) within 500.0 metres (1640.42 ft.) of any land used as an Adult
Entertainment-Goods or Adult Entertainment-Parlour;
(ix) within 300.0 metres (984.25 ft.) of a kennel;
(x) within 400 metres (1312.34 ft.) of any land zoned Sewage
Disposal, except where the dwelling is connected to a piped
municipal water supply.
(xi) within 150 metres of a Cannabis Production and/or
Processing facility equipped with Air Treatment Control and
300 metres of a Cannabis Production and/or Processing
facility not equipped with Air Treatment Control.
(b) Notwithstanding any provision of this By-law to the contrary, the
following is prohibited:
(i) Hauled Septage Disposal site within 90.0 metres (295.28 ft.) of
nearest dwelling or any other use which has a well, or 450 metres
(1476.38 ft.) from any village or rural residential subdivision.
(c) Lands located within the following influence areas require an EIS prior to
development being permitted:
(i) Provincially Significant Wetland (PSW): within the adjacent
lands defined as contiguous lands within 120.0 metres (393.70
ft.) of lands zoned PSW;
(ii) Species at Risk (SR): within 200.0 metres (656.16 ft.) of lands
zoned SR;
SECTION 3 GENERAL PROVISIONS
68
(iii) Area of Natural and Scientific Interest (ANSI): within the
adjacent area of 50.0 metres (164.04 ft.) of lands zoned ANSI;
(iv) Locally Significant Wetland (LSW): within the adjacent area of
50.0 metres (164.04 ft.) of lands zoned LSW.
In cases where the Municipality, in consultation with the
Conservation Authority, determines that an EIS is not warranted,
then, in such cases, an EIS will not be required.
3.32 Setbacks
(a) From Roads:
(i) From Provincial Highways
Where a lot abuts a Provincial Highway as identified on the
attached Schedules hereof, the minimum setback shall be 15.0
metres (49.21 ft.) plus the minimum applicable yard of the
appropriate zone.
(ii) 1000 Islands Parkway
Where a lot abuts the 1000 Islands Parkway the minimum setback
shall be in accordance with the requirements of the St. Lawrence
Parks Commission.
(iii) From County Roads
(a) Where a lot abuts a County Road the minimum setback from the
centreline of the right of way shall be 12.5 metres (41.01 ft.) plus
the minimum applicable yard of the appropriate zone.
(b) Where a lot abuts County Road 4, the minimum setback from the
centreline of the right of way shall be 13 metres (42.65 ft.) plus
the minimum applicable yard of the appropriate zone.
(iv) From Township Streets or Roads
The minimum setback from the centreline of the right of way shall
be 10.0 metres (32.8 ft.) plus the minimum applicable yard for the
appropriate zone
(v) From Private Right-of-Way
The minimum setback shall be 10.0 metres (32.8 ft.) from the edge
of a right-of-way
SECTION 3 GENERAL PROVISIONS
69
(b) From Water:
Where any lot is adjacent to a waterbody or watercourse, any building,
structure, campsite, agricultural use that includes the keeping of livestock,
and septic disposal system shall be set back a minimum of 30.0 metres
(98.43 ft.) from the high water mark.
This provision shall not apply to marinas and marine facilities, stairs, floating
dwellings, transmission facilities for gas, telephone, cable or electrical
power, or to flood control and erosion control structures.
(c) From Flood Plains:
Notwithstanding other provisions of this by-law, no building or structure shall
be erected or altered within 5 metres of a flood plain or 30 metres from the
high water mark, whichever is greater.
(d) From Wetlands:
Notwithstanding other provisions of this by-law, no building or structure shall
be erected or altered within 30 metres of a seasonal or permanent wetland
not categorized herein.
3.33 Signs
The provisions of this By-law shall not apply to prevent the erection, alteration, or
use of any legal sign provided that such sign complies with the provisions of the
Municipal Sign By-law and the provisions of this By-law regarding sight triangles.
3.34 Sleep Cabins
Where a sleeping cabin is a permitted use, a maximum of one sleeping cabin shall
be permitted provided that:
a) The maximum floor area of a sleeping cabin is 30.0 square metres, which
includes a covered or enclosed porch
b) The maximum height of a sleeping cabin shall be 5.0 metres (16.40 ft.).
c) Any uncovered deck accessory to a sleeping cabin shall comply with the
provisions of this By-law.
3.35 Special Provisions for Automobile Service Stations, Automobile Body
Shops and Gasoline Retail Facilities
Where automobile service stations, automobile body shops and gasoline retail
facilities are permitted in this By-law, the following provisions shall apply:
SECTION 3 GENERAL PROVISIONS
70
(a) Front Yard (minimum):
(i) County Roads 15.0 m (49.21 ft)
(ii) Local Roads 12.0 m (39.37 ft.)
(b) Exterior Side yard (minimum):
(i) County Roads 15.0 m (49.21 ft.)
(ii) Local Roads 12.0 m (39.37 ft.)
(c) Landscaped Open Space (minimum): 5%
(d) Special Provisions:
(i) the minimum distance between any pump or advertising sign and
any street line shall be 7.5 metres (24.61 ft.);
(ii) the width of any entrance or exit or combined entrance or exit
measured at the front lot line or exterior side lot line shall not be
greater than 9.0 metres (29.53 ft.) and there shall not be more than
two accesses from any one street which adjoins the lot;
(iii) the minimum distance between any entrance, or exit, and street
intersection shall be 12.0 metres (39.37 ft.) and the minimum
distance between accesses shall be 9.0 metres (29.53 ft.);
(iv) where the lot is a corner lot, no portion of any gasoline pump island
shall be located closer than 6.0 metres (19.69 ft.) to a corner lot sight
triangle;
(v) a strip of landscaped open space, a minimum of 1.5 metres (4.92 ft.)
wide shall be provided along any lot line abutting a street, and such
landscaped open space shall be continuous, except for accesses, to
the lot.
3.36 Special Provisions for Seasonal Worker Accommodations
Where seasonal worker accommodations are permitted in this By-law, and
notwithstanding any other provision of this By-law to the contrary, the
following provisions shall apply:
(a) Front Yard Depth:
No seasonal worker accommodation dwellings shall be located closer to the
front lot line than any main building on the lot.
(b) Side Yard Width (minimum): 10.0 m (32.8 ft.)
SECTION 3 GENERAL PROVISIONS
71
(c) Rear Yard Depth (minimum): 10.0 m (32.8 ft.)
(d) Distance from any other accessory building (minimum):
10.0 m (32.8 ft.)
(e) Distance from a livestock building (minimum): 30.0 m (98.43 ft.)
(f) Distance from a manure storage facility (minimum): 30.0 m (98.43 ft.)
(g) Distance between multiple seasonal worker 10.0 m (32.8 ft.)
accommodations structures (minimum):
(h) Occupancy calculation:
Occupancy of a building or structure used to accommodate farm labour is
to be calculated on the lesser number of:
8.5 cu.m (300 cu.ft.) of air space per person in a sleeping area.
7.44 sq.m. (80 sq. ft) per person of total useable floor area which
includes living and sleeping areas but does not include washrooms.
1 washroom facility for every ten occupants.
1 washbasin for every seven occupants.
1 shower for every ten occupants.
(i) Building/structure requirements:
Walls should extend minimum of 2.13 m (7 ft.) to a maximum of 2.44 m (8
ft.) above floor level. Walls may be higher but 2.44 m (8 ft.) will be used for
calculation of air space in the sleeping area.
Building/structure used to accommodate farm labour shall comply with the
Ontario Building Code and Ontario Fire Code.
(j) Washroom facility and sewage disposal requirements:
On-Site sewage system shall be provided for the seasonal worker
accommodation. All sewage is to be disposed of in a manner consistent
with the provisions of the Building Code Act and Regulations.
SECTION 3 GENERAL PROVISIONS
72
(k) Access:
Appropriate access shall be provided to the location of the seasonal
worker accommodation to allow for emergency access.
(l) Temporary Structures:
Temporary structures such as a travel trailer, tent trailer, recreational
vehicle or other portable dwelling unit shall be limited to occupancy
between April 1st – November 30th of each calendar year. During the
period outside the permitted temporary use, the trailer or vehicle must be
removed from the property or appropriately store in accordance with the
Zoning By-Laws open storage provisions.
3.37 Swimming Pools
No swimming pool shall be located in any front yard or any exterior side yard or
within a required water or right-of-way setback and shall not be closer than 1.5
metres (4.92 ft.) to any interior side lot line and rear lot line.
Swimming pools are permitted in the front yard of the Shoreline Residential (RS)
and Island Residential (RI) zones, and for waterfront residential lots in other zones,
and shall be set back a minimum of 30 metres (98.43 ft.) from the high water mark
of the waterbody or watercourse or 5 metres from the 1:100 year flood level,
whichever is greater.
3.38 Temporary Uses
(a) In any zone, temporary construction facilities such as a garage, shed,
scaffold, or sales office shall be permitted for a maximum period of two
years and only while a valid building permit for such construction remains in
force, provided such use is removed within thirty (30) days of the issuance
of the occupancy permit.
(b) In any zone, a recreational vehicle or mobile home occupied on a
temporary basis during the course of construction of a dwelling on the
same lot, shall be permitted provided that:
(i) An appropriate sewage handling system is provided;
(ii) A building permit for a dwelling has been issued and remains in force
or the previous dwelling was damaged as a result of a natural
occurrence/disaster and a building permit is obtained for the
reconstruction of a dwelling within 6 months;
(iii) The recreational vehicle or mobile home is located in accordance
with the required yards and setbacks applicable to a dwelling;
SECTION 3 GENERAL PROVISIONS
73
(iv) In no event shall the recreational vehicle or mobile home be located
on a lot for a period exceeding two years from the date of issuance of
the building permit.
3.39 Yard Encroachments
Every part of any minimum required yard shall be open and unobstructed by
any structure other than an accessory building or structure permitted
elsewhere in this By-law, provided, however, that those structures listed
below shall be permitted to project into the minimum required yards indicated
for the distances specified.
(a) Belt courses, sills, cornices, eaves, gutters, chimneys, bay windows,
pilasters or other ornamental structures may project into any minimum
required yard not more than 0.6 metres (1.97 ft.).
(b) Attached unenclosed porches, uncovered decks, balconies, exterior stairs
and landings may project from the main building into any minimum
required yard by not more than 3 m provided they are no closer than 1.2m
to any lot line and do not encroach into a sight triangle.
(c) Where an existing main building is non-complying attached unenclosed
porches, uncovered decks, balconies, exterior stairs and landings may
project into a minimum required yard setback a maximum of 1.5m
provided that they are no closer than 1.2 m to any lot line and do not
encroach into a sight triangle.
(d) Uncovered patios, fences, garden trellises and similar landscaping features,
all plant materials, clothes poles, flagpoles, retaining walls and similar
accessory uses may project into any minimum yard.
(e) A children's weather shelter not exceeding a floor area of 3.0 square metres
(32.29 sq.ft.) shall be permitted in a front yard or exterior side yard in a
Rural Zone or an Agricultural Zone.
(f) Underground facilities such as septic tanks and sewage disposal system
leaching beds may project into any minimum yard except a minimum front
yard or water setback on a lot abutting a waterbody or watercourse,
provided it complies with all other applicable regulations.
(g) Above ground facilities directly providing public services such as utility poles
and mailboxes may encroach into a minimum required yard or setback area
provided it complies with all applicable regulations pursuant to federal or
provincial legislation and the location is approved by the Municipality.
74
SECTION 4
ZONES
4.1 Zone Classifications
For the purpose of this By-law, all land within the Township of Leeds and the
Thousand Islands is divided into the following zones which are identified on the
attached Schedules by the accompanying symbols:
Residential Zone
- First Density (Lansdowne) R1
- Second Density (Lansdowne) R2
- Hamlet RH
- Rural RR
- Shoreline RS
- Island RI
- Mobile Home Park RMHP
- Floating RF
Commercial Zone
- General CG
- Highway CH
- Tourist CT
- Recreation CR
Industrial Zone
- Light ML
- Rural MR
Institutional Zone I
Open Space OS
Agricultural Zone
- General Agricultural AG
Rural Zone
- Rural RU
Mineral Resource Zone
- Pit MRP
- Quarry MRQ
- Wollastonite MRW
- Resource, Bedrock MRB
- Resource Aggregate MRA
SECTION 4 ZONES
75
Wrecking Yard Zone WY
Waste Management Zone WM
Sewage Disposal Zone SD
Flood Plain Zone FP
Environmental Protection Zone EP
Provincially Significant Wetland Zone PSW
Locally Significant Wetland Zone LSW
Area of Natural and Scientific Interest Zone ANSI
Species at Risk Zone SR
Parking Lot Zone PL
4.2 Schedules
The attached Schedules A, B, C, D E, F and G form a part of this By-law.
4.3 Boundaries of Zones
Where the boundary of any zone, as shown on the attached Schedules, is
uncertain the following provisions shall apply:
(a) where the boundary is indicated as following a street, railway right-of-
way or other right-of-way, then the boundary shall be the centreline of
such street, railway right-of-way or other right-of-way;
(b) where the boundary is shown as approximately following a concession
line or a lot line or an extension of a lot line on a registered plan of
subdivision or registered survey plan, the lot line or extension thereof
shall be the boundary;
(c) where the boundary is shown as approximately following a waterbody,
the high water mark shall be the boundary;
(d) where a zone boundary as indicated follows the 1:100 flood line, the
boundary shall be the 1:100 flood line.
(e) where none of the above is applicable, then the location of such
boundary shall be determined by scale from the original Schedules A,
B, C, D, E, F and G which are available at the Clerk's Office.
SECTION 4 ZONES
76
4.4 Streets and Rights-of-Way
Each half of a street, railway right-of-way or other right-of-way shown on the
attached Schedules shall be included, unless otherwise indicated, in the zone
pertaining to the adjoining property.
Where any street, railway right-of-way, or other right-of-way as shown on the
attached Schedules is closed or diverted or where any land included in any right-
of-way hereafter ceases to be used for such purpose, the land formerly included
in such street, railway right-of-way or other right-of-way shall be included within
the zone of adjoining property on either side thereof.
4.5 Holding Zones
Any parcel or area of land in any Zone may be further classified as a holding
zone with the addition of the suffix "-h." In some instances, the presence of a
holding zone is established by the Zone Classifications legend on the Schedules
in order to avoid excess map clutter. The holding classification added to a given
zone shall prohibit development of the land until such time as the policies of the
approved Official Plan related to holding zones are complied with. While a
holding zone is in effect, no lands shall be used and no buildings or structures
shall be erected or used for any purpose other than those uses existing for such
land, building or structure on the date of passing of this By-law and for the uses
specifically permitted in the particular holding zone.
4.6 Special Exception Zones
Where a zone symbol is followed by a dash and a number (e.g., RU-1), this
denotes a special exception zone. Lands so zoned shall be subject to all of the
provisions of the zone represented by the symbol except as otherwise provided
by the special exception provisions of the special zone. Current special exception
provisions are listed separately under the appropriate zone category in the text of
the By-law.
4.7 Temporary Zones
Other temporary uses, including garden suites, may be authorized from time to
time by Zoning By-law amendment pursuant to Section 39 of the Planning Act.
These are listed separately at the end of the appropriate zone category and are
identified with the symbol "-T" because of their temporary nature.
77
SECTION 5
RESIDENTIAL ZONES
No person shall hereafter use any lands, nor erect, alter, enlarge or use any building or
structure in a Residential Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
5.1 First Density Residential (R1) - Lansdowne Zone
(a) Permitted Uses:
- duplex;
- group home;
- semi-detached dwelling;
- single detached dwelling.
(b) Zone Requirements
Lot Area (minimum) 465.0 m2 (5005.33 sq ft)
Lot Frontage (minimum) 15.0 m (49.21 ft.)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 1.5 m (4.92 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 35%
Dwellings Units per lot (maximum)
Single Detached Dwelling 1
Duplex or semi-detached 2
(c) Notwithstanding, the lawful severance of a lot upon which a building or
buildings have been erected shall be deemed to conform with the provisions
of this By-law, as amended, and the building or buildings shall be deemed to
be erected on one lot for the purposes of administering this By-law. This
provision shall not apply if the severed and retained lots comply with the By-
law or if the required minor variances are granted.
(d) Municipal Piped Services:
No dwelling shall be erected in this zone unless it is connected to
piped municipal sanitary sewer and water services.
SECTION 5 RESIDENTIAL ZONES
78
(e) Special Exceptions:
(i) R1-1, 20 Jessie Street, 21 and 22 Frederick Street, Assessment
Roll Nos. 812-035-08311, 812-035-08309 and 812-035-08307
The lands zoned R1-1, the following regulation shall apply;
- setback from centreline of Township street 13.0 metres
(ii) R1-2-H, 16 Church St, Assessment Roll No. 812-035-08801
(By-Law 20-014, Application Z-2019-014)
The following provisions apply in the First Density Residential
Special Exception – 2 (R1-2-H) zone:
a. The minimum lot area shall be 400 square metres (4305 square
feet);
b. The minimum lot frontage shall be 10 metres (32.8 feet);
c. There shall be no interior side yard setback requirement from the
lot line on which the common wall of a semi-detached dwelling is
located;
d. The minimum exterior side yard setback shall be 4.5 metres;
e. Notwithstanding Section 3.31(a)(iv) no minimum setback from the
centreline shall be required in the R1-2 zone
The ‘-H’ Holding Symbol shall only be removed once an amending
Subdivision Agreement has been approved by the Township and
registered on title.
5.2 Second Density Residential (R2) – Lansdowne Zone
(a) Permitted Uses:
- apartment dwelling;
- boarding house;
- row house;
- triplex dwelling;
R1 uses in accordance with the provisions thereof.
SECTION 5 RESIDENTIAL ZONES
79
(b) Zone Requirements:
(i) Triplex, boarding house or row house:
Lot Area (minimum) 560.0 m2 (6027.79 sq ft.)
Lot Frontage (minimum) 18.0 m (59.06 ft.)
Yard Requirements
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 35%
Dwelling Units per Lot (maximum)
Boarding House 1
Triplex or row house 3
(ii) Apartment:
Lot Area (minimum) 200.0 m2 (2152.78 sq. ft.) per unit for each of
the first four units plus 150.0 m2 (1614.59 sq.
ft.) for each additional unit.
Lot Frontage (minimum) 18.0 m (59.06 ft.)
Yard Requirements (minimum)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage 35%
Density (maximum) 75 units per hectare
Landscaped Open Space (minimum) 35%
(c) Municipal Piped Services:
No dwelling shall be erected in this zone unless it is connected to piped
municipal sanitary sewer and water services.
SECTION 5 RESIDENTIAL ZONES
80
5.3 Hamlet Residential (RH) Zone
(a) Permitted Uses:
- boarding house;
- duplex dwelling;
- group home;
- marine facility;
- semi-detached dwelling;
- single detached dwelling.
(b) Zone Requirements:
Lot Area (minimum) 6000.0 m2 (1.5 acres)
Lot Frontage (minimum) 45.0 m (147.64 ft.)
Yard Requirements (minimum)0
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 10%
Dwellings per lot (maximum)
Boarding House, group home, single detached dwelling 1
Duplex, semi-detached dwelling 2
(c) Special Exceptions:
(i) RH-1
On lands zoned RH-1, the following zone requirements apply:
Permitted Uses:
- duplex dwelling;
- group home;
- home occupation;
- multiple dwelling;
- semi-detached dwelling;
- single dwelling.
Zone Requirements
Lot Area (minimum) 4000.0 m2 (0.98 acres)
Lot Frontage 35.0 m (114.83 ft.)
Yard Requirements (minimum)
Front 7.0 m (22.97 ft.)
Rear 8.0 m (26.25 ft.)
SECTION 5 RESIDENTIAL ZONES
81
Exterior Side 7.0 m (22.97 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 20%
Floor Area Per Dwelling Unit (minimum): 70.0 m2 (753.5 sq.ft.)
Density (maximum) 5 units per ha.
(ii) RH-2, Assessment Roll No. 816-010-12300
On land zoned RH-2, the following zone requirements apply:
Zone Requirements:
Lot Area (minimum) 1670.0 m2 (17976.32 sq ft.)
Yard Requirements
Rear 1.0 m (3.28 ft.)
Interior Side 1.4 m (4.59 ft.)
Floor Area Per Dwelling Unit (minimum) 55.5 m2 (597.42 sq.ft.)
Density (maximum) 36 units per ha
(iii) RH-3, 133 Park Street, Seeley’s Bay, Roll No. 816 010 21115 (By-
law 09-066, Application ZB10/09)
Notwithstanding any provision of subsection 5.3 a) of this By-law to
the contrary, on the lands identified as RH-3, one mobile home shall
be permitted.
(iv) RH-4, 128 Jonas Street, Assessment Roll No. 816-020-11805
(By-law 12-003, Application ZB04/11)
(a) The lands identified with a shaded marking on Schedule “A”
to this By-Law be zoned “Hamlet Residential – Special
Exception Four (RH-4)”;
(b) That the maximum permitted number of dwelling units on
lands to be zoned RH-4 shall be two (2);
(c) That a hobby farm is permitted in the RH-4 zone;
(d) That the front yard setback and the setback from Jonas
Street of the existing dwelling, garage and horse barn be no
closer than the existing structures. Any new structures shall
be subject to the provisions of the RH Zone and other
provisions of the Zoning By-Law;
(e) That the setback from the high water mark for the cottage
dwelling shall be 12 metres;
(f) That Schedule “G” to By-law No. 07-079 is amended in
accordance with the provisions of this By-law.
SECTION 5 RESIDENTIAL ZONES
82
(v) RH-5, Main St – Seeley’s Bay, (Severed and Portion of Retained
lands from Assessment Roll No. 816-010-10300/15800) (By-law
17-011, Application Z-2016-13)
Roll Numbers assigned. Applies to Roll Numbers: 816-010-
10319, 816-010-10320, 816-010-10321 and part of 816-010-10300.
Notwithstanding anything contained in section 3.30(a)(iv) and
3.30(a)(vi) to the contrary, on lands zoned RH-5 residential uses
shall be permitted 270 metres from the lands zoned Mineral
Resource Pit (below water table) and 144 metres from lands zoned
Mineral Resource Aggregate (MRA).
(vi) RH-6, 28 Old River Road, Assessment Roll No. 809-010-30700
(By-law 17-031, Application Z-2017-05)
On lands zoned RH-6, a multi-use conference centre (also referred
to as an event venue) is permitted subject to the following:
(a) The business shall be conducted by the permanent residents
of the dwelling on the lot.
(b) The minimum setback between any structure used for active
conference centre space (primary or accessory) and/or any
active outdoor space (excluding the parking area) associated
with the conference centre and:
(i) any dwelling on another lot existing as of 2017 shall be
28 m (92 ft).
(ii) The road shall be 45 m (147.6 ft).
(c) The maximum occupancy is 100 persons.
(d) The lands shall be subject to site plan approval.
(e) Parking aisle and space size shall be as per approved site
plan.
5.4 Rural Residential (RR) Zone
(a) Permitted Uses:
- group home;
- single detached dwelling.
(b) Zone Requirements:
Lot Area (minimum)
Non-waterfront Lots 6000.0 m2 (1.5 acres)
Waterfront Lots 1.0 ha (2.5 acres)
SECTION 5 RESIDENTIAL ZONES
83
Lot Frontage (minimum)
Non-waterfront Lots 45.0 m (147.64 ft.)
Waterfront Lots 60.0 m (196.85 ft.)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft)
Lot Coverage (maximum) 10%
Dwelling Units Per Lot (maximum) 1
(c) Special Exceptions:
(i) RR-1, part of Breckenridge Subdivision, see By-law 29-88/89
On the lands zoned RR-1, the following regulations shall apply:
Lot Area (minimum) as shown on a Registered Plan of
Subdivision
Lot Frontage (minimum) as shown on a Registered Plan of
Subdivision
Setback from high water mark of Legge's Creek
(minimum) 15.0 m (49.21 ft.)
Setback from edge of 1000 Islands Parkway road allowance
(minimum) 45.0 m (147.64 ft.)
(iii) RR-2, Landon Bay Subdivision (see By-law 1-96, 24-99)
Lands zoned RR-2, shall only be used in accordance with
the following provisions:
Lot Area (minimum) as shown on a Registered Plan of
Subdivision
Lot Frontage (minimum) as shown on a Registered Plan of
Subdivision
No building shall be located within 15 metres (49.21 ft.) of the ANSI
Zone and high water mark.
SECTION 5 RESIDENTIAL ZONES
84
(iv) RR-3, (Village Estates)
Lands zoned RR-3, the following Zone Requirements shall apply:
Lot Area (minimum) 4000.0 m2 (43057.05 sq. ft.)
Lot Frontage (minimum) 30.0 m (98.43 ft.)
Lot Coverage (maximum) 20%
Main Buildings:
Building Height (maximum) 10.5 m (34.45 ft.)
Floor Area (minimum) 130.0 m2 (1399.30 sq. ft.)
Setback from Thousand
Islands Parkway 52.0 m (170.60 ft.)
Yard requirements (minimum)
Front 9.0 m (29.52 ft.)
Rear 9.0 m (29.52 ft.)
Exterior Side 9.0 m (29.52 ft.)
Interior Side 4.5 m (14.76 ft.)
Accessory Buildings:
Building Height 4.5 m (14.76 ft.)
Yard Requirements (minimum)
Front 9.0 m (29.52 ft.)
Rear 1.5 m (4.92 ft.)
Exterior Side 9.0 m (29.52 ft.)
Interior Side 1.5 m (4.92 ft.)
(v) RR-4, (Clark Subdivision) Assessment Roll No. 812-015-07001,
812-015-07023, 812-015-07024, 812-015-07026, 812-015-07027,
812015-07028, 812-015-07029
On the lands zoned RR-4, the following provisions shall apply:
Lot Area (minimum) 8000.0 m2
Lot Frontage (minimum) as shown on a Registered Plan of
Subdivision
(vi) RR-5, Assessment Roll No. 812-025-27400 – REPEALED By-Law
17-010 (see RS-47)
(vii) RR-6,105A Willowbank Road, Assessment Roll No. 812-015-
03100
The lands zoned RR-6 shall only be used for one single residential
dwelling in accordance with the following provisions:
- The minimum elevation for all openings on buildings and
structures shall be at a minimum elevation of 76.3 metres
(250.33 ft.) geodetic;
SECTION 5 RESIDENTIAL ZONES
85
- Setback from the high water mark of the St. Lawrence
River: 15.0 metres (49.21 ft.);
- Setback from the Canal: 11.6 metres (38.06 ft.);
- Rear Yard: 3.6 metres (11.81 ft.);
- Interior Side Yard: 3.0 metres (9.84 ft.);
- Setback from private right-of-way: 1.4 metres (4.59 ft.);
- That there is no increase to the volume of the portion of the
dwelling which is located within the 15.0 metre (49.21 ft.)
setback;
- No accessory structures shall be permitted.
(viii) RR-7, 4467 Highway No. 2, Assessment Roll No. 812-015-00701
By-Law 16-015 Application ZB10/15 which replaces By-law 11-
084, Application ZB15-11 By-law)
The lands identified as RR-7-h the following zone requirements
apply:
1. A private hobby farm limited to the keeping of a maximum of 30
horses, including a barn, manure storage area shall also be
permitted subject to the following:
a. The barn shall be located no closer than 235 metres from
any dwelling located outside of the lot limits. For clarity this
reduced setback applies ot the existing livestock barn only.
b. The minimum distance separation between the manure
storage area and any adjacent intensive recreation use(s)
shall be 166.7 m. For clarity this reduced setback applies to
the existing manure storage area only.
c. The minimum distances separation between the existing
barn and any adjacent intensive recreation uses(s) shall be
131.9 m. For clarity this reduced setback applies to the
existing livestock barn only.
d. In accordance with section 3.19, the manure storage area
shall be located no closer than the 246 metres from any
dwelling located outside of the lot limits.
2. The maximum total area of all docks, boathouses and
swimming platforms including approach ramps, rock-filled cribs
etc, shall be 170.0 square metres. For clarity, this includes a
single, single storey, boathouse installed on the existing post
mounted dock.
3. The marine facility shall not exceed 7.8 metres in height
measured from the top of the dock to the peak of the roofline.
For clarity this applies to one boat house.
SECTION 5 RESIDENTIAL ZONES
86
4. That the condition for removal of the h-Holding symbol will be
the approval of a site plan in accordance with Section 41 of the
Planning Act. (Completed with Site Plan Application SP-2016-
012)
(ix) RR-8, Lindsay Subdivision, Assessment Roll No. 812-020-
07200 (By-Law 08-015 – Application ZB10/07)
On the lands zoned RR-8, the following regulations shall apply:
Lot Area (minimum) - As shown on the Registered Plan of
Subdivision
Lot Frontage (minimum) - As shown on the Registered Plan of
Subdivision
(x) RR-9, 238 & 246 Island View Drive, Assessment Roll Nos. 812-
015-00717 & 812-015-00718, respectively. (By-Law 11-059,
Application ZB10-11).
On the lands zoned RR-9, the following provision shall apply:
Lot Area (minimum 2500 sq. m.)
(xi) RR-10, 901 Teddy’s Lane, Assessment Roll No. 816-015-16515
(By-law 12-004, Application ZB05/11)
a) The lands identified with a shaded marking on Schedule
“A” to this By-Law be zoned “Rural Residential - Special
Exception Ten (RR-10)”;
b) That the minimum lot size of the lands to be zoned RR-10
shall be 0.52 hectares;
c) That for the subject lands at 901 Teddy’s Lane, described
as part of Lot 16, Concession 7, Former Municipality of
Rear of Leeds and Lansdowne, and more particularly
described as Part 3 of Plans 28R3327 and 28R3268, the
holding ‘h’ provision in place on the subject lands adjacent
to the PSW Zone be lifted; and
d) That Schedule “C” to By-Law No. 07-079 is amended in
accordance with the provisions of this By-Law.
(xii) RR-11, River Valley Subdivision, (By-law 18-052, Application Z-
2018-005, Updated Provisions – By-law 21-057, Application Z-
2021-013)
SECTION 5 RESIDENTIAL ZONES
87
Notwithstanding any provisions of subsection 5.4 (a) of this By-law
to the contrary, the lands identified as Rural Residential, Special
Exception 11 (RR-11), the following setbacks shall apply:
a) Buildings and structures shall have a maximum setback of
100 metres from the lot line that abuts a road.
b) Buildings and structures shall have a minimum setback of 100
metres from the Gananoque River.
c) Development shall be setback a minimum of 192 metres from
a livestock facility.
d) That notwithstanding Section 2.102, the area within the flood
plain shall be included for the purposes of determine minimum
lot area.
(xiii) RR-12-H, River Valley Subdivision, (By-law 18-052, Application
Z-2018-005. Updated Provisions – By-law 21-057, Application
Z-2021-013)
Notwithstanding any provisions of subsection 5.4 (a) of this By-law
to the contrary, the lands identified as Rural Residential, Special
Exception 12 with holding (RR-12-H), the following setbacks and
provisions shall apply:
a) Buildings and structures shall have a maximum setback of
100 metres from the lot line that abuts a road.
b) Development shall be setback a minimum of 192 metres from
a livestock facility.
c) The Holding provision shall only be lifted subject to:
a. The preparation of an Environmental Impact Study,
which clears the land for development.
b. The preparation of an archaeological assessment on
the roadway and developed portions of the lots which
clears the lands of archaeological potential.
d) That notwithstanding Section 2.102, the area within the
flood plain shall be included for the purposes of determine
minimum lot area.
(xiv) RR-13, River Valley Subdivision, (By-law 18-052, Application Z-
2018-005, Removal of H – By-law 21-037, Updated Provisions –
By-law 21-057, Application Z-2021-013)
Notwithstanding any provisions of subsection 5.4 (a) of this By-law
to the contrary, the lands identified as Rural Residential, Special
Exception 13 (RR-13), the following setbacks and provisions shall
apply:
SECTION 5 RESIDENTIAL ZONES
88
a) Buildings and structures shall have a maximum setback of
100 metres from the lot line that abuts a road.
b) Buildings and structures shall have a minimum setback of 100
metres from the Gananoque River.
c) Development shall be setback a minimum of 192 metres from
a livestock facility.
d) The Holding provision shall only be lifted subject to:
a. The preparation of an archaeological assessment on
the roadway and developed portions of the lots which
clears the lands of archaeological potential.
e) That notwithstanding Section 2.102, the area within the flood
plain shall be included for the purposes of determine minimum
lot area.
(xv) RR-14, River Valley Subdivision, (By-law 18-052, Application Z-
2018-005, Removal of H – By-law 21-037)
Notwithstanding any provisions of subsection 5.4 (a) of this By-law
to the contrary, the lands identified as Rural Residential, Special
Exception 14 (RR-14), the following setbacks and provisions shall
apply:
a) Development shall be setback a minimum of 192 metres from
a livestock facility.
b) The Holding provision shall only be lifted subject to:
a. The preparation of an archaeological assessment on
the roadway and developed portions of the lots which
clears the lands of archaeological potential.
(xvi) RR-15-H, River Valley Subdivision, (By-law 18-052, Application
Z-2018-005)
Notwithstanding any provisions of subsection 5.4 (a) of this By-law
to the contrary, the lands identified as Rural Residential, Special
Exception 15 with holding (RR-15-H), the following setbacks and
provisions shall apply:
a) Development shall be setback a minimum of 192 metres from
a livestock facility.
b) The Holding provision shall only be lifted subject to:
a. The preparation of an Environmental Impact Study,
which clears the land for development.
b. The preparation of an archaeological assessment on
the roadway and developed portions of the lots which
clears the lands of archaeological potential.
SECTION 5 RESIDENTIAL ZONES
89
(xvii) RR-16, 251 Clark Dr, Assessment Roll No. 812-015-07025 (By-
law 17-008, Application Z-2016-008)
Notwithstanding anything contained in Section 3.17 and 5.4(a) to
the contrary, on lands zoned RR-16 the following shall apply:
(i) Total Marine Facility Area (maximum): 199.2 m2 (2,144
square feet);
(ii) Total Marine Facility Perimeter (maximum) 100 m2 (328.1
feet);
(iii) Maximum total and combined width of marine facilities,
stairs, decks or other structures shall be 24.4 metres (80
feet) of the width of the shoreline;
(iv) Minimum marine facility setback of 28 m (91.86 ft.) from the
north side lot line and from the strait line projection of the
north side lot line.
(xviii) RR-17, 236 Ivy Lea Road, Assessment Roll No. 812-025-21100
(By-law 21-019, Application Z-2020-008)
Development of accessory uses, buildings and structures in the
RR-17 zone shall be in accordance with the following provisions:
(i) Accessory uses, building, structures, and parking, are
permitted accessory to the residential use location at 251
Ivy Lea Road.
(ii) The two-storey workshop and associated landings and
stairs existing on the date of parring of this by-law shall be
permitted to be set back a minimum of 1.5 metres from the
edge of a private right-of-way and a minimum of 1.5 metres
from a lot line.
(iii) The garden shed existing on the date of passing of this by-
law shall be permitted to be set back a minimum of 0.9
metres from the edge of a private right-of-way and a
minimum of 0.9 metres from a lot line.
(iv) All other accessory buildings shall be setback a minimum
of 6 metres from the edge of a private right-of-way and a
minimum of 1 metre from a side or rear lot line.
(v) Maximum accessory building height shall be 7 metres.
(vi) Maximum accessory building lot coverage shall be 4%
(vii) Open storage shall be secured and screened on all sides
and with a minimum 1.8 metre privacy fence constructed
from a uniform material of all sides.
(viii) Open storage area setbacks:
SECTION 5 RESIDENTIAL ZONES
90
a) Minimum setback from side or rear lot line 3 metres
b) Minimum setback from a private right of way 10 metres
(ix) Maximum lot coverage – open storage 5%
(x) Parking for any vehicles in the RR-17 zone shall be in
conformance with the requirements of this By-law.
5.5 Shoreline Residential (RS) Zone
(a) Permitted Uses:
- group home;
- marine facility;
- single detached dwelling;
- sleeping cabin.
(b) Zone Requirements
Lot Area (minimum) 1.0 ha (2.5 acres)
Lot Frontage (minimum) 60.0 m (196.85 ft.)
Yard Requirements (minimum)
Front 30.0 m (98.43 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 10 %
Dwellings per Lot (maximum) 1
Sleeping cabin per Lot 1
(c) Special Exceptions:
(i) RS-1, 920 Trillium Lane, Assessment Roll No. 816-025-04600
On the land zoned RS-1, the following provisions shall apply:
A single dwelling consisting of the existing floor area of
approximately 160 m2 (1722 ft.2), located 15.24 metres (19.69 ft.)
from the high water mark of Charleston Lake.
(ii) RS-2, Assessment Roll No. 816-025-11900, 961 Newells Lane,
Bass Lake Part of Lot 13, Concession 11, Township of
Lansdowne
On lands zoned RS-2, the residential dwelling shall be set back a
minimum of 10.0 metres (32.81 ft.) from the high water mark of Bass
Lake with a permitted height of 6.8 metres (22.31 ft.).
SECTION 5 RESIDENTIAL ZONES
91
(iii) RS-3, Assessment Roll No. 816-015-19900, 182 Yardarm Lane
Part of Lot 18, Concession 7, Township of Lansdowne
On lands zoned RS-3, the residential dwelling shall be set back a
minimum of 14.6 metres (47.9 ft.) from the high water mark of
Charleston Lake with a permitted height of 12.0 metres (39.37 ft.).
(iv) RS-4, Assessment Roll No. 816-015-10227,939 Lost Bay Lane,
Part of Lot 4, Concession 7, Township of Lansdowne
On lands zoned RS-4, the residential dwelling shall be set back a
minimum of 7.6 metres (24.93 ft.) from the unopened road
allowance.
(v) RS-5, Assessment Roll No. 816-015-12403
On the lands zoned RS-5, the residential dwelling shall be set back
a minimum of 18.0 metres (59.06 ft.) from the high water mark.
(vi) RS-6, Assessment Roll No. 816-025-23000, 993 Foster Bay
Lane Part of Lot 24, Concession 11, Township of Lansdowne
On lands zoned RS-6, any building or structure shall be set back a
minimum of 30.0 metres (98.43 ft.) from the high water mark and
all openings into any building or structure shall be at a minimum
elevation of 86.8 metres (284.78 ft.) geodetic.
(vii) RS-7, Assessment Roll No. 816-030-06207, Part Lot 7,
Concession 9, Leeds, 802 Point Lane
On lands zoned RS-7, the required setback from the private right-
of-way shall be:
- from the garage: 7.5 metres (24.61 ft.)
- from the dwelling: 3.0 metres (9.84 ft.)
(viii) RS-8, Assessment Roll No. 816-010-30501 and 816-010-30400
Part Lot 3, Concession 8, Leeds, 111 Lilac Lane
On lands zoned RS-8, the minimum required interior side yard shall
be 1.0 metres (3.28 ft.) and the required rear yard shall be 2.4
metres (7.87 ft.).
(ix) RS-9, Assessment Roll No. 816-025-06604 Part Lot 22,
Concession 10, 905 Trillium Lane
On lands zoned RS-9, the minimum required water setback shall be
14.6 metres (47.90 ft.).
SECTION 5 RESIDENTIAL ZONES
92
(x) RS-10, Assessment Roll No. 816-010-06695
On lands zoned RS-10, no building or structure shall be erected on
the subject lands with an elevation of less than 86.4 metres (283.46
ft.) geodetic.
(xi) RS-11, Assessment Roll No. 816-025-21300
On lands zoned RS-11 the minimum setback from the high water
mark of Charleston Lake shall be 5.0 metres (16.4 ft.).
(xii) RS-12, Lot Addition to Assessment Roll No. 816-015-16907
On lands zoned RS-12, no opening shall occur in any building or
structure with an elevation less than 86.8 metres (284.77 ft.)
geodetic.
(xiii) RS-13, Assessment Roll No. 816-025-12600
On lands zoned RS-13, the minimum required water setback shall be
12.5 metres (41.0 ft.).
(xiv) RS-14, Assessment Roll No. 816-025-26400
On lands zoned RS-14, no building or structure shall be erected on
the subject lands with an elevation of less than 86.8 metres (284.77
ft.) geodetic.
(xv) RS-15, Assessment Roll No. 816-025-19803 and 816-025-19810
On lands zoned RS-15 the minimum required water frontage is 30
metres (98.43 ft.).
(xvi) RS-16, Assessment Roll Nos. 816-010-03900,816-010-04500,
816-01004700, 816-010-04100, 816-010-04200, 816-010-05800
On lands zoned RS-16, no building or structure shall be erected on
the subject lands with an elevation of less than 86.4 metres (283.46
ft.) geodetic.
(xvii) RS-17, Assessment Roll Nos. 816-015-16903, 816-015-16927,
816-01516913, 816-015-16912,816-015-16917 and 816-015-16908
On lands zoned RS-17, any building or structure shall be set back a
minimum of 30.0 metres (98.43 ft.) from the high water mark and no
SECTION 5 RESIDENTIAL ZONES
93
structure shall be erected on the subject lands with an elevation of
less than 86.8 metres (284.78 ft.) geodetic.
(xviii) RS-18, Assessment Roll Nos. 816-030-06302, 816-030-06305,
816-03006306, 816-030-06307 and 816-030-06309
On lands zoned RS-18, any building or structure shall be set back a
minimum of 30.0 metres (98.43 ft.) from the high water mark and no
structure shall be erected on the subject lands with an elevation of
not less than 98.86 metres (324.34 ft.) geodetic.
(xix) RS-19, Assessment Roll No. 816-015-12004
On lands zoned RS-19, an accessory garage located 0.1 metres
(0.328 ft.) from the private right-of-way is permitted.
(xx) RS-20, Assessment Roll No. 816-015-16906 and 816-015-16907
On lands zoned RS-20, any building or structure shall be set back a
minimum of 30.0 metres (98.43 ft.) from the high water mark and no
structure shall be erected on the subject lands with an elevation of
less than 86.8 metres (284.78 ft.).
(xxi) RS-21, Assessment Roll No. 816-010-29000
On lands zoned RS-21, in addition to the permitted single dwelling, a
second single dwelling is permitted in compliance with the zone
requirements.
(xxii) RS-22, Assessment Roll No. 816-015-12008
On lands zoned RS-22, an accessory garage located 3.9 metres
(12.8 ft.) from the private right-of-way is permitted.
(xxiii) RS-23, Assessment Roll No. 816-015-16918
On lands zoned RS-23, any building or structure shall be set back a
minimum of 30.0 metres (98.43 ft.) from the high water mark and no
structure shall be erected on the subject land with an elevation of
less than 86.8 metres (284.78 ft.).
(xxiv) RS-24, Assessment Roll No. 816-030-06234
On lands zoned RS-24, a single dwelling located 0.8 metres (2.62 ft.)
from the private right-of-way is permitted.
SECTION 5 RESIDENTIAL ZONES
94
(xxv) RS-25, Assessment Roll No. 816-025-17000
On the lands zoned RS-25, an accessory garage located 3.0 metres
(9.84 ft.) from the private right-of-way is permitted, and a single
dwelling with a setback of 15.8 metres (51.84 ft.) from Charleston
Lake is permitted.
(xxvi) RS-26, Assessment Roll No. 816-030-06240
On lands zoned RS-26, an accessory garage located 3.5 metres
(11.48 ft.) from the private right-of-way is permitted.
(xxvii) RS-27, Assessment Roll No. 816-025-05100
On lands zoned RS-27, a single dwelling with a setback of 14 metres
(46 ft.) from Charleston Lake is permitted.
(xxviii) RS-28, Assessment Roll No. 816-025-24100
On lands zoned RS-28, the minimum setback from the high water
mark shall be 10.0 metres (32.8 ft.), while the minimum interior side
yard shall be 2.1 metres (6,89 ft.) for one side and 3.0 metres (9.84
ft.) for the other.
(xxix) RS-29, Assessment Roll No. 816-015-17600, 816-015-16925
On lands zoned RS-29, an unenclosed deck with a minimum 27.0
metre (88.58 ft.) setback from the high water mark shall be
permitted.
(xxx) RS-30, Assessment Roll No. 816-010-27200
On the land zoned RS-30, a single dwelling with a setback of 12.2
metres (40.03 ft.) from the high water mark is permitted.
(xxxi) RS-31, Assessment Roll No. 816-025-27400
On lands zoned RS-31, a single dwelling with a setback of 6.0
metres (19.69 ft.) from Charleston Lake is permitted.
(xxxii) RS-32, Assessment Roll No. 816-025-19903
On land zoned RS-32, any building and structure shall be set back a
minimum of 30.0 m (98.43 ft.) from the water and no structure shall
be erected on land with an elevation of less than 87.8 m (288.06 ft.).
SECTION 5 RESIDENTIAL ZONES
95
(xxxiii) RS-33, 810 Cartwright Lane, Assessment Roll No. 816-010-
05800 (By-Law 08-053, Application ZB01/08)
Notwithstanding any provision of subsection 5.5 b) and 2.173 of this
By-law to the contrary, the lands identified as Shoreline Residential,
Special Exception Thirty Three (RS-33), a sleeping cabin with an
area of 768 ft.2 shall be permitted above the existing garage.
(xxxiv) RS-34, 333 1000 Islands Parkway, Assessment Roll No. 812 025
58000 (By-Law 08-061, Application ZB08/08)
Notwithstanding any provision of subsection 5.5 and 3.31 b) of this
By-Law to the contrary the lands identified as Shoreline Residential,
Special Exception Thirty-Four (RS-34) shall permit the construction
of a residential dwelling (2800 ft.2) while maintaining the existing
1200 ft.2 sleeping cabin.
The setback from the highwater mark of the St. Lawrence River shall
be 15 metres on the west side of the new dwelling and 29 metres on
the east side of the new dwelling.
(xxxv) RS-35, Lodge Lane, Red Horse Lake, Assessment Roll No. 816
015 26210 and 816 015 25500 (By-law 10-040, Application
ZB04/10)
Registered Owner: Gwendolyn Scott
Legal Description: Part of Lots 6 and 7, Concession 8, Geographic
Township of Lansdowne, Township of Leeds and the Thousand
Islands, County of Leeds, designated as parts 9, 10, 11 and 13 on
Plan 28R-12334 and Part 1 on Plan 28R-13580, being Part of PIN
44227-0373 (LT)
Registered Owner: Morris Merton and Betty Moorhead
Legal Description: Part of Lots 6 and 7 Concession 8, Geographic
Township of Lansdowne, Township of Leeds and the Thousand
Islands, County of Leeds designated as Parts 1 and 2 on Plan 28R-
12334 and Parts 1, 2, and 3 on Plan 28R-13581 being Part of PIN
44227-0372 (LT) and;
Geographic Township of Lansdowne, Township of Leeds and the
Thousand Islands, County of Leeds, designated as Parts 3 and 4 on
Plan 28R-12334 and Part 4 on Plan 28R-13581, being Part of PIN
44227-0372 (LT).
On the lands zoned RS-35, the minimum setback for the installation
of a sewage disposal system shall be 300 metres. All other
requirements of the Shoreline Residential Zone shall apply.
SECTION 5 RESIDENTIAL ZONES
96
(xxxvi) RS-36 &
(xxxvii) RS-37, Part Lot 19, Concession 7 – Assessment Roll Number
816 015 16925 (By-Law 12-002, Application ZB02/11)
a) The lands identified with hash marks on Schedule “A” to this
by-law shall henceforth be zoned “Shoreline Residential –
Special Exception 36 (RS-36)”; and the lands identified with
shaded tone on Schedule “A” be zoned “Shoreline Residential
– Special Exception 37 (RS-37)”
b) That the minimum frontage of the lands to be zoned RS-34
shall be 42.4 metres;
c) That the septic system for the lands to be zoned RS-36 and
RS-37 shall be setback at least 250 metres from the High
Water Mark of Charleston Lake; and
d) That Schedule “C” to By-law No. 07-079 is amended in
accordance with the provisions of this By-law
(xxxviii) RS-38, 37 Ivy Lea Rd, Assessment Roll Number 812-025-16400
(By-law 11-061, Application ZB08/11)
a) On lands identified with shaded tone on Schedule “A” to this by-
law shall henceforth be zoned “Shoreline Residential Special
Exception 38 (RS-38)”;
b) That the maximum lot coverage of the lands to be zoned RS-38
shall be 11.4%;
c) That the minimum lot size of the lands to be zoned RS-38 shall
be 0.23 hectares;
d) That the minimum frontage of the lands to be zoned RS-38
shall be 38 metres;
e) That the front yard setback for the existing dwelling and deck
on the lands to be zoned RS-37 shall be 17.6 metres and 12.2
metres, respectively;
f) That the setback from the high water mark for the existing
dwelling and deck on the lands to be zoned RS-38 shall be 17.6
metres and 12.2 metres, respectively;
That for the subject lands at 27 Ivy Lea Road, described as part
of Lot 18, Concession BF, Former Municipality of Front of
Leeds and Lansdowne and more particularly described as Part
1 of Plans 28R-13622, the holding ‘h’ provision in place on the
subject lands adjacent of the PSW Zone to be lifted; and
g) Schedule “B’ to By-law No. 07-079 is amended in accordance
with the provisions of this By-Law.
SECTION 5 RESIDENTIAL ZONES
97
(xxxix) RS-39, 907 Teddy’s Lane, Assessment Roll Number 816-015-
16501 (By-law 11-062, Application ZB07/11)
a) The lands identified with shaded marking on Schedule “A” to
this by-law be zoned “Shoreline Residential Special Exception
39 (RS-39)”;
b) That the minimum lot size of the lands to be zoned RS-39 shall
be 0.45 hectares;
c) That the minimum frontage of the lands to be zoned RS-39
shall be 6.1 metres;
d) That the minimum rear yard of the lands be zoned RS-39 shall
be 4.9 metres;
e) That the minimum setback from the edge of the private right-of-
way and proposed house and attached garage be 5.5 metres;
f) The for the subject lands at 907 Teddy’s Lane, described as
part of Lot 16, Concession 7, Former Municipality of Rear of
Leeds and Lansdowne, the holding ‘h’ provision in place on the
subject lands adjacent to the PSW Zone be lifted;
g) Schedule “C” to By-Law No. 07-079 is amended in accordance
with the provisions of this By-law.
(xl) RS-40, 14 McCrae’s Bay Lane, Assess. Roll No. 812-025-14600
(By-law 11-068, Application ZB09/11)
a) The lands identified with shaded marking on Schedule “A” to this
By-Law be zoned “Shoreline Residential Special Exception 40
(RS-40);
b) That the minimum lot size of the lands to be zoned RS-40 shall
be 0.18 hectares;
c) That the minimum frontage of the lands to be zoned RS-40 shall
be 42 metres;
d) That the front yard for the dwelling and associated uncovered
deck on the lands to be zoned RS- 40 shall be 14.2 metres and
11.1 metres, respectively;
e) That the setback from the high water mark for the dwelling and
associated uncovered deck on the lands zoned RS-40 shall be
14.2 metres and 11.1 metres, respectively;
f) That the setback of the garage from the edge of the right of way
(McCrae’s Bay Lane) on lands to be zoned RS-40 shall be 8.5
metres;
g) That the front yard for the septic system on the lands to be zoned
RS-38 shall be 25 metres;
h) That the setback from the high water mark for the septic system
on the lands to be zoned RS-40 shall be 25 metres;
i) That for the subject lands at 14 McCrae’s Bay Lane, described as
part of Lot 16, Concession 1, Former Municipality of Front of
SECTION 5 RESIDENTIAL ZONES
98
Leeds and Lansdowne, the holding ‘h’ provision in place of the
subject lands adjacent to the PSW Zone be lifted; and
j) That Schedule “B” to By-law No. 07-079 is amended in
accordance with the provisions of this By-Law.
(xli) RS-41, 759 1000 Islands Parkway, Assessment Roll No. 809-010-
18102 (By-law 11-079, Application ZB12/11)
a) That the lands identified with a shaded marking on Schedule “A”
to this by-law be zoned “Shoreline Residential – Special
Exception 41 (RS-41)”;
b) That the front yard setback for a dwelling on the lands to be
zoned RS-31 shall be 21.3 metres;
c) That the setback from the high water mark for a dwelling on the
lands to be zoned RS-41 shall be 21.3 metres;
d) That the existing marine facilities on the lands to be zoned RS-41
shall have a maximum perimeter of 107 metres, a maximum total
area of 168 square metres, and maximum width of 39 metres;
and
e) That Schedule “E” to By-law No 07-079 is amended in
accordance with the provisions of this By-Law.
(xlii) RS-42, 761 1000 Islands Parkway, Assessment Roll No. 809-010-
18106 (By-law 12-042, Application ZB01/12)
On the lands zoned RS-42, the following provisions shall apply:
a) That the maximum marine facility area permitted on lands to be
zoned RS-42 shall be 276 square metres;
b) That the maximum marine facility perimeter on the lands to be
zoned RS-42 shall be 108 metres;
c) That the maximum marine facility width on the lands to be zoned
RS-42 shall be 30 metres;
d) That the maximum marine facility height on the lands to be zoned
RS-42 shall be 6.6 metres;
e) That no habitable space is created in the area above the boat slip
inside the boathouse.
(xliii) RS-43, Multiple Properties:
1. RS-43, Portion of 110 Yardarm Lane, Assessment Roll No.
816-015-16925 joined to 816-015-22701 (By-law 14-043,
Application ZB03/14)
SECTION 5 RESIDENTIAL ZONES
99
2. RS-43, Portion of Con 10, Part Lot 23 & 24, Assessment Roll
No. 816-025-08500 joined to 816-025-08000 (By-law 14-056,
Application ZB05/14)
Prior to development or site alteration that the owner will be
required to an archaeological study completed to the satisfaction
of the Ministry of Tourism, Culture and Sport and agree to
undertake any measures proposed by the study for conservation
of any identified resources.
(xliv) RS-44, 35 Haskins Point Road, Assessment Roll No. 816-010-
29111 (By-law 14-044, Application ZB04/14)
Notwithstanding the requirements of Clause 5.5(b) the minimum lot
area shall be 0.30 hectares (0.74 acres) and the minimum lot
frontage shall be 30.5 metres (100 feet).
(xlv) RS-45, 33 Haskins Point Road, Assessment Roll No. 816-010-
29800 (By-law 14-044, Application ZB04/14)
Notwithstanding the requirements of Clause 5.5(b) the minimum lot
area shall be 0.38 hectares (0.93 acres) and the minimum lot
frontage shall be 38 metres (125 feet).
(xlvi) RS-46, 247 Short Point Road, Assessment Roll No. 816-020-
29400 (By-law 16-047, Application Z-2016-005)
On lands zoned RS-46, notwithstanding any provisions of this by-law
to the contrary, the following provisions shall apply:
c) The single detached dwelling with a floor area of 154 m2
(1658 sq.ft.) existing on the date of passage of this by-law is
permitted;
d) The accessory structure with a floor areas of 8.92 m2 (96
sq.ft) existing on the date of passage of this by-law is
permitted, but if it is reconstructed it shall be relocated such
that it is fully outside of the flood plain;
e) A detached garage is permitted, subject to the following:
(i) maximum floor area of 52.0 m2 (560 sq.ft.);
(ii) minimum setback of 15.2 metres (50 feet) from the
high water mark of Lower Beverly Lake;
(iii) minimum front yard of 15.2 metres (50 feet);
SECTION 5 RESIDENTIAL ZONES
100
(iv) minimum setback of 6.0 m (19.7 feet) to the existing
filter bed;
(v) minimum setback of 1.5 metres (5 feet) from a private
right-of-way;
(vi) minimum setback of 3.0 metres (9.8 feet) from the
flood plain;
(vii) no washing, bathing, or sanitary facilities are permitted;
and
(viii) no living questions are permitted.
f) Any new structures shall be subject to the provisions of the
RS Zone and other provisions of the Zoning By-Law, and are
to be located a minimum of 3.0 metres from the flood plain as
determined by the Cataraqui Region Conservation Authority.
(xlvii) RS-47, 23-25 Riverview Dr, Assessment Roll Nos. 809-010-23100
& 809-010-23200 (Deemed Together) (By-law 18-049, Application
Z-2018-01)
Notwithstanding any provisions of Section 3 and 5.5 to the contrary,
on lands zoned RS-47 the following provisions shall apply:
(a) Minimum lot area 0.52 ha
(b) Minimum setback from the high water mark 20 metres
(c) Maximum lot coverage 13%
(d) A maximum of one (1) dwelling unit is permitted plus one (1)
accessory dwelling unit which may be located within the
primary structure or within an accessory structure.
(e) An accessory structure may have a maximum height of 7.7
metres.
(f) Marine facilities:
(i) Maximum perimeter 120 metres
(ii) Maximum Area 256 square metres
(iii) Total Width 43 metres
(iv) A marine facility may be permitted within 0 metres of a
side lot line or the straight line projection of a side lot
line into the abutting waterbody.
(xlviii) RS-48, 25 Champagne Point Lane, Assessment Roll No. 812-
025-14300 (By-law 18-051, Application Z-2018-02)
Notwithstanding any provisions of subsection 5.5 (a) of this By-Law
to the contrary, the lands identified as Shoreline Residential, Special
Exception 48 (RS-48), the permitted area of marine facilities shall be
limited to the following:
SECTION 5 RESIDENTIAL ZONES
101
(a) The maximum permitted total area of marine facilities shall be
213 square metres.
(xlix) RS-49, 14 Darlingside Drive, Assessment Roll No. 812-025-
27400 (By-law 17-017, Application Z-2017-03)
Notwithstanding anything contained in Section 5.5(b) or 3.31 to the
contrary, on lands zoned RS-49 the front yard and water setback
(minimums) shall be 18, (59 ft) from the high water mark for a
maximum 119 sq.m. (1,280 sq.ft.) lot coverage by the main single
detached dwelling.
Note: A second dwelling unit on the property (former store)
measuring approximately 7.3 x 9.7 m. (24x32 ft.) with 6m (19
ft) front yard and water setback has been demonstrated as
legal non-complying as of the date of passage of the by-law
amendment.
(l) RS-50, 417 1000 Islands Parkway, Assessment Roll No. 812-025-
09800 (OMB Decision, Application ZB06/10)
In addition to the permitted uses of Section 5.5 (a), in the RS Zone,
parking and other accessory uses for the docking permitted in the
adjacent EP-3 Zone, shall be permitted.
(li) RS-51, 823 Sunset Lane, Assessment Roll No. 816-010-30003
(By-Law 20-004, Application Z-2019-017)
Notwithstanding Section 5.5(b) the maximum permitted lot
coverage shall be 12.1%
(lii) RS-52, 847 Grippen Beach Lane, Assessment Roll No. 816-020-
01100 (By-Law 20-037 Application Z-2020-004)
Development in the RS-52 zone shall be in accordance with the
following provisions:
i. Minimum lot area 585 sq metres
ii. Minimum lot frontage 14.5 metres
iii. Maximum lot coverage 21%
iv. Minimum Front yard setback - dwelling 22.7 metres
v. Minimum Front yard setback – awning 21.8 metres
vi. Minimum Front yard setback – uncovered deck 20.4 metres
vii. Minimum interior south east side yard setback
- dwelling 0.91 metres
- awning 1.17 metres
SECTION 5 RESIDENTIAL ZONES
102
viii. Minimum Rear Yard setback 6.1 metres
ix. Minimum Setback from Grippen Beach Lane 10 metres
x. Minimum Setback from water for dwelling 22.7 metres
xi. Minimum Setback from water for awning 21.8 metres
xii. Minimum Setback from water for uncovered deck 20.4 metres
xiii. Minimum Separation from lands zoned MRA 223 metres
xiv. Minimum Separation from lands zoned MRP 77 metres
(liii) RS-53, 847 Grippen Beach Lane, Assessment Roll No. 816-020-
01100 (By-Law 20-037 Application Z-2020-004)
Development in the RS-53 zone shall be in accordance with the
following provisions:
i. Maximum lot coverage 23%
ii. Maximum accessory lot coverage 9.1%
(liv) RS-54, 100 Village Estates Lane, Assessment Roll No. 812-025-
23900 (By-Law 20-073 Application Z-2020-013)
Notwithstanding anything contained in this By-law to the contrary,
on lands zoned RS-54 the following provisions shall apply:
i. Minimum lot area 0.104 ha
ii. Minimum lot frontage 24m
(lv) RS-55, 835 Elliott Lane, Assessment Roll No. 816-030-06011 (By-
Law 21-052 Application Z-2021-009)
i. Minimum water setback 13.4 m
ii. Minimum water setback for septic system 30 m
iii. Setback from erosion hazard limit
All structures on the property zoned RS-55 are required to be
setback 6m from the 105m contour line on the west side of the
lot and 104m contour line along the north side of the property.
(lvi) RS-56, 920 Maple Ridge Lane, Assessment Roll No. 816-025-
10805 (By-Law 22-038, Application D14-2022-005)
Notwithstanding anything contained in this By-law to the contrary,
on lands designated ‘RS-56’, one accessory building containing a
sleeping cabin shall be permitted as an additional permitted use in
the RS zone. The following provisions shall apply to accessory
building containing a sleeping cabin in the RS-56 zone:
(i) Maximum Building Height 9.7 metres
(ii) Maximum Sleeping Cabin Floor Area 58 square metres
SECTION 5 RESIDENTIAL ZONES
103
5.6 Island Residential (RI) Zone
(a) Permitted Uses:
- marine facility;
- single detached dwelling;
- sleeping cabin.
(b) Zone Requirements
Lot Area (minimum)* 1.0 ha (2.5 acres)
Lot Frontage (minimum) 76.0 m (249.34 ft)
Yard Requirements (minimum)
Front 30.0 m (98.43 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 10 %
Dwellings per Lot (maximum) 1
Sleeping cabin per Lot 1
(c) Special Exceptions:
(i) RI-1, Assessment Roll No. 812-025-42705, 812-025-4271
On the lands zoned RI-1, the minimum rear yard shall be 1.0 metres
(3.28 ft.).
(ii) RI-2, Assessment Roll No. 812-025-45100
The lands zoned RI-2 shall only be used in accordance with the
following provisions:
Permitted Uses:
- sleeping cabin having a maximum floor area of 18.0 m2;
- marine facility consisting of one dock having a maximum area of
90.0 m2;
- one storey single dwelling having a maximum total floor area of
87.0 m2;
- open deck having a maximum area of 40.0 m2;
- approved sewage disposal system.
SECTION 5 RESIDENTIAL ZONES
104
(iii) RI-3, Assessment Roll No. 812-025-45601
The lands zoned RI-3 shall be used in accordance with the following
provisions:
Permitted Uses:
- single dwelling having a maximum ground floor area of 150.0 m2
(1614.64 sq. ft.);
- accessory one storey storage building having a maximum floor
area of 15.0 m2 (161.46 sq. ft.);
- boat house having a maximum area of 120.0 m2 (1291.71 sq. ft.);
docks (connected to boat house and free standing) having a total
maximum area of 80.0 m2 (861.14 sq. ft.);
- deck;
- approved sewage disposal system.
(iv) RI-4
On the lands zoned RI-4, no sleeping cabin shall be permitted and
the Lot Area (minimum) and Lot Frontage (minimum) shall be as
shown on Registered Plan Numbers 293, 294 and 296.
(v) RI-5, Assessment Roll No. 812-025-55100
The lands zoned RI-5 shall only be used in accordance with the
following provisions:
Permitted Uses:
- marine facility;
- existing marine storage building with a Maximum floor Area of 18.0
square metres (193.76 sq.ft.);
- single dwelling having a maximum total floor area of 120.0 square
meters (1291.71 sq.ft);
- a holding tank or other approved sewage system.
Zone Requirements:
- no part of the single dwelling and no part of any deck shall be
located closer than 12.0 metres (39.37 ft.) to the high water mark;
- the maximum height of the single dwelling shall be 4.0 metres
(13.12 ft.) measured from the top of the existing rock elevation on
which the westerly extremity of the existing building foundation sits,
a location which is 15.0 metres (49.21 ft.) from the high water mark
on the easterly side of the island, directly adjacent to the hydro
transformer.
SECTION 5 RESIDENTIAL ZONES
105
Other:
Within three months of the issuance of the building permit for the
single dwelling;
- the existing pit privy located 8.0 metres (26.25 ft.) from the high
water mark will be removed and the hole filled;
- the existing camping trailer will be removed from the island;
- the single dwelling will be clad in building materials which are dark
brown and/or dark green in colour.
(vi) RI-6, Assessment Roll No. 812-025-5330
On the lands zoned RI-6, no sleeping cabin shall be permitted and
the lot area (minimum)shall be 1.2 hectares (2.97 acres).
(vii) RI-7
On the lands zoned RI-7, a single dwelling may be erected on
Scorpion Island in accordance with the following provisions
Lot Area (minimum) the existing lot
Lot Frontage (minimum) the existing lot frontage
Yard Requirements (minimum)
All 12.0 m (39.37 ft.)
Building Requirements (maximum) 3.0 m (9.84 ft.)
Floor Area (maximum) 36.0 m2 (387.51 sq.ft.)
Notwithstanding any other provisions of this By-law to the contrary,
the exterior cladding material shall be naturally finished wood siding
and the roof shall be dark brown or dark green in colour.
(viii) RI-8, Assessment Roll No. 812-015-32000
The lands zoned RI-8 shall only be used for two single dwellings
which may be erected on Island No. 012 in accordance with the
following provisions:
Lot Area (minimum) the existing lot
Lot Frontage (minimum) the existing lot frontage
Yard Requirements (minimum)
North Building 3.0 m (9.84 ft.)
South Building 3.5 m (11.48 ft.)
Building Height (maximum) 4.0 m (13.12 ft.)
Floor Area (maximum)
North Building 52.1 m2 (560.82 sq. ft.)
South Building 40.0 m2 (430.57 sq. ft.)
SECTION 5 RESIDENTIAL ZONES
106
Area of all uncovered decks
Combined (maximum) 30.0 m2 (322.93 sq. ft.)
The exterior cladding material shall be naturally finished wood
siding and the roof, window frames and other trim shall be dark
brown or dark green in colour.
(ix) RI-9, Assessment Roll No. 812-025-48000
The lands zoned RI-9 shall only be used for the following:
- marine facility;
- single dwelling consisting of the existing floor area of 4 m x 4.9
m (13 ft. x 16 ft.) plus a maximum expansion area of 4.9 m x 7.7
m (16 ft. x 25 ft.) provided the existing shed measuring 3.7 m x
3.7 m (12 ft. x 12 ft.) is removed;
- screened, roofed deck measuring a maximum of 2.5 m x 4.9 m
(8 ft. x 16 ft.) attached to the southwest side of the enlarged
structure;
- an open deck measuring a maximum of 2.5 m x 3.7 m (8 ft.x12
ft.) located a minimum of 7.0 metres (23 ft.) from the northwest
side of the Island;
- existing washroom structure measuring 2.5 m x 2.5 m (8 ft. x 8
ft.).
The enlarged single dwelling may be constructed so that its
northeast corner is not less than 12.5 metres (41.0 ft.) from the high
water mark. The maximum height of the enlarged structure shall be
5.4 metres (17.72 ft.). All exterior siding shall be in natural tones of
brown, green or grey. Roofing shall be dark brown, dark green or
black.
(x) RI-10, Assessment Roll No. 812-015-23101
On the land zoned RI-10, a one storey addition on the land side of
the main boathouse located at the northwest corner of the island
and having a maximum floor area of 18.6 m2 (200.22 sq.ft) is
permitted provided the existing 21.2 m2 (228.20 sq.ft) tool shed is
demolished.
(xi) RI-11, Assessment Roll No. 812-025-42000
On the land zoned RI-11, the following provisions shall apply:
On Island 80 D:
- A one storey addition having a maximum floor area of 56.0 m2
(602.80 sq. ft.) shall be permitted, bringing the total area of the
SECTION 5 RESIDENTIAL ZONES
107
enlarged, one storey single dwelling to a maximum floor area of
150.0 m2 (1614.64 sq. ft.).
- This single dwelling shall be connected to an approved sewage
disposal system located on Island 80E.
- Attached deck(s) having a maximum total area of 100.0 m2
(1076.43 sq. ft.) may be permitted provided no portion is closer
than 10.5 m (34.45 ft.) from the high water mark.
On Island 80E:
- An approved sewage disposal system shall be permitted to serve
the permitted single dwelling located on Island 80D provided the
existing sleeping cabin is converted to a tool shed and all
plumbing is removed.
(xii) RI-12, Assessment Roll No. 812-015-23400
On the land zoned RI-12, the following provisions apply:
- An attached second storey deck having a maximum total area of
22.0 m2 (240 sq.ft.) may be permitted on the west side of the
existing dwelling.
(xiii) RI-13, Huckleberry Island Assessment Roll No. 812-025-43900
On the land zoned RI-13, the following provisions shall apply:
- a single storey sleeping cabin, having a maximum floor area of
45.0 m2 (484.39 sq.ft) which is used only for sleeping
accommodation, which does not contain kitchen or washroom
facilities;
- setback from the high water mark of the St. Lawrence River: 11.0
metres (36.09 ft.).
(xiv) RI-14, Shetland Island, Assessment Roll No. 812-025-59600
On the land zoned RI-14, the following provisions shall apply:
- a single dwelling consisting of the existing floor area of
approximately 65.0 m2 (699.68 sq.ft.), plus the expansion of the
height to include dormers on either side of the existing roofline
and the extension of the roof on the east side by 1.0 m (3.28 ft.);
- enlargement of the existing open deck on the west side of the
dwelling to 2.5 m (8.20 ft.) in width;
- setback from the high water mark of the St. Lawrence River: 0
metres;
SECTION 5 RESIDENTIAL ZONES
108
- removal of the open shower located adjacent to the river on the
east side of the existing dwelling.
(xv) RI-15, Island No. 29, Assessment Roll No. 812-015-19000
On the land zoned RI-15, the following provisions shall apply:
- a single dwelling consisting of a maximum floor area of
approximately 42.0 m2 (452.1 sq.ft.), plus the existing deck; the
maximum height of the addition on the east side of the single
dwelling to be 5.2 m (17.06 ft.);
- setback from the high water mark of the St. Lawrence River for
the addition to be 3.3 m (10.83 ft.
- maximum lot coverage 9.2%.
(xvi) RI-16, Windward Island, Assessment Roll No. 812-015-27100
The lands zoned RI-16 shall only be used for two single dwellings
and a sleeping cabin in accordance with the following provisions:
Lot Area existing lot area
Lot Frontage existing lot frontage
Yard Requirements (minimum) 15.0 metres
Building Height (maximum) 7.5 metres
Floor Area (maximum)
West Building 81.0 m2 (873 ft2 )
East Building 78.0 m2 (840 ft2)
Sleeping Cabin 41.8 m2 (450 ft2) plumbing fixtures
to be removed
Area of all uncovered decks 22.0 m2 (240 ft2)
Lot coverage (maximum) 6.9%
(xvii) RI-17, Flying Mallard Island, Assessment Roll No. 812-02541200
The lands zoned RI-17 shall only be used in accordance with the
following provisions:
Lot Area existing lot area
Lot Frontage existing lot frontage
Setback from the high water mark
of the St. Lawrence River: 11.0 metres (36.08 ft.)
Existing single dwelling consisting of a maximum floor area of 171.0
m2 1840.69 sq.ft) plus a maximum ground floor expansion of 42.0 m
(454.1 sq.ft) and an increase in height to 7.5 metres (24.6 ft.) to
accommodate a second floor.
SECTION 5 RESIDENTIAL ZONES
109
Maximum Building Height 7.5 metres (24.6 ft.)
(xviii) RI-18, 213 Hill Island East, Assessment Roll No. 812-025-36100
The lands zoned RI-18 the following use shall also be permitted:
- a second building to accommodate kitchen/dining facilities with a
maximum area of 69.3 m2 (746 ft);
- a covered deck can connect the existing dwelling and the
kitchen/dining building;
- the second building shall not contain any bedrooms.
(xix) RI-19, 1 Isle of the Gremlins, Assessment Roll No. 812-02543100
On the land zoned RI-19 the following provisions shall apply:
- single dwelling consisting of the existing floor area of
approximately 98.0 m2 (1054.9 sq.ft.) plus the increase in height
to 6.7 metres (21.98 ft.) to include a dormer roof;
- Setback from the high water mark of the St. Lawrence River: 0
metres.
(xx) R1-20, Bung Island, Assessment Roll No. 812-025-55500
The lands zoned RI-20, the following marine facility shall be
permitted:
- a dock awning (7.9m x 6.7m) over the existing dock on the north
side of the island.
(xxi) RI-21, Islands 102 and 102A Assessment Roll No. 809-010-17500
On the lands zoned RI-21, a marine facility shall be permitted,
specifically a 12.2 metre x 10.7 metre (40 ft x 35 ft), 2 slip
boathouse, but does not include any building used for human
habitation. Staving boards extend a maximum of 0.9 metres (2.95 ft.)
below the decking and be a minimum of 1.4 metres (4.59 ft.) above
the bed of the river. The structure shall be supported by piling posts.
The maximum height shall be one storey; the maximum dimensions
shall be 12.1 metres (39.7 ft.) by 11.0 metres (36.09 ft.) and the roof
line shall be pitched.
(xxii) RI-22, 42 Black Snake Lane, Assessment Roll No. 812-025-29305
(By-law 12-001, Application ZB01/11)
a) The lands identified with shaded tone on Schedule “A” to this
By-Law be zoned “Island Residential – Special Exception 22
(RI-22)”;
SECTION 5 RESIDENTIAL ZONES
110
b) That the minimum lot size for the lands to be zoned RI-22 shall
be 0.46 ha (1.14 ac);
c) That the maximum lot coverage for the lands to be zoned RI-22
be 10.86%;
d) That the subject lands at 42 Black Snake Lane, and further
described as part of lot 5, Plan 120, Hill Island, in the
geographic Township of Front of Leeds and Lansdowne, and
having Assessment Roll No. 0812 812 025 29305, the holding
‘h’ provision in the place on the subject lands adjacent to the
ANSI Zone be lifted; and
e) That Schedule “A” to By-law No. 07-079 is amended in
accordance with the provisions of this By-law.
(xxiii) RI-23, 102 Wallace Island, Assessment Roll No. 812-025-42306
(By-law 11-091, Application ZB11/11)
a) The lands identified with a shaded marking on Schedule “A” to
this By-law be zoned “Island Residential – Special Exception
Twenty-Three (RI-23)”;
b) That the maximum marine facility area permitted on the lands to
be zoned RI-23 shall be 465 square metres;
c) That the maximum marine facility perimeter on the lands to be
zoned RI-23 shall be 181 metres;
d) That the maximum marine facility width on the lands to be
zoned RI-23 shall be 39.6 metres;
e) That the property be subject to site plan control such that the
owner will enter into a site plan control agreement with the
Municipality to ensure the following:
That the boathouse proposed under this by-law will be
built as shown, or to the satisfaction of the Municipality;
That the materials and colours used for the boathouse
are appropriate;
That the shoreline and upland area adjacent to the
boathouse are appropriately graded and re-vegetated;
That storm water runoff is appropriately dealt with, to the
satisfaction of the Municipality in consultation with the
CRCA; and
f) That Schedule “A” to By-Law No. 07-079 is amended in
accordance with the provisions of this by-law.
(xxiv) RI-24, 186 Tar island, Assessment Roll Number 809-010-13402
(By-law 14-042, Application ZB02/14)
On lands zoned RI-24, notwithstanding any provision to the
contrary, the following front yard and water setback provisions shall
SECTION 5 RESIDENTIAL ZONES
111
apply. All other zone provisions of the Zoning By-Law shall remain
unchanged.
a) That the front yard for the addition to the existing dwelling on the
lands to be zoned RI-24 shall be 24.4 metres (80 feet);
b) That the setback from the high water mark for the addition to the
existing dwelling on the lands to be zoned RI-24 shall be 24.4
metres (80 feet).
(xxv) RI-25, 630 Highway 137, Assessment Roll Number 812-025-
27600 (By-law 15-041, Application ZB07/15)
Notwithstanding section 5.6(b), on lands zoned RI-25, the minimum
lot area shall be 0.81 hectares (2.0 acres).
(xxvi) RI-26, Assessment Roll Number 812-025-28202 (By-law 15-043,
Application ZB08/15)
Notwithstanding section 5.6(b), on lands zoned RI-26, the minimum
lot areas shall be 0.96 hectares (2.37 acres).
(xxvii) RI-27, Island 70, Assessment Roll Number 812-025-45000 (By-
law 17-039, Application Z-2017-06)
Notwithstanding anything containing in Section 5.5 (Island
Residential), 5.5(b) (front yard setback, 3.1(a)(i) (location of
accessory uses, 3.20 (non-complying structures), 3.31(b) (water
setback), 3.31(c) (Flood plain setback), or any other zone provision
to the contrary, on lands zoned RI-27, the following shall apply:
1. Dwelling
(i) Ground floor area (maximum): 187.3 sq.m. (2,016
sq.ft)
(ii) Height (maximum): 10.6m (34.86 ft.)
2. Front yard/water setback (minimum)
(i) 8.2 m (26.9 ft) due north side of island
(ii) 6.1 m (20 ft) due south side
(iii) 14.6 (48 ft) due west
(iv) 29.3 m (96 ft) due east
3. Accessory Building
(i) Location permitted: Front yard
(ii) Flood plain setback (minimum): 0.48 m (1.58 ft) for a
maximum length of 6.1m (20 ft.)
4. Marine Facility (maximum)
(i) Area: 233.4 sq.m. (2,812 sq ft) for an open sided boat
port and attached accessory dock
(ii) Height: 7.2 m (23.6 ft).
SECTION 5 RESIDENTIAL ZONES
112
(xxviii) RI-28, 6 & 8 Hog Island, Assessment Roll Number 812-025-
57800 and 812-025-57850 (By-law 12-036, Application ZB06/11)
a) That lands identified with a shaded marking on Schedule “A” to
this By-Law be zoned Island Residential – Special Exception 28
(RI-28);
b) That the minimum lot size of the lands to be zoned RI-28 shall
be 0.53 hectares;
c) That the maximum number of dwellings per lot on the lands to
be to be zoned RI-28 shall be 2;
d) That no sleeping cabins shall be permitted on the lands to be
zoned RI-28;
e) That the setback from the High Water Mark of the St. Lawrence
River for lands to be zoned RI-28 shall be the setbacks of the
existing and approved structures as of the date of passage of
this By-Law and that any future development be subject to the
general provisions of the Zoning By-Law and the provisions of
the parent RI Zone;
f) That the minimum yards of the lands to be zoned RI-28 shall be
the yards of the existing and approved structures as of the date
of passage of this By-law and that any future development be
subject to the general provisions of the Zoning By-law and the
provisions of the parent RI Zone;
g) That the setback from the Flood Plain for the lands to be zoned
RI-28 shall be the setbacks of the existing and approved
structures as of the date of passage of this By-law;
h) That Schedule “A” to By-law No. 07-079 is amended in
accordance with the provisions of this By-Law.
(xxix) RI-29, Island No. 49, Assessment Roll Number 812-025-55100
(OMB Decision Issued July 19, 2005)
Notwithstanding any provision of subsection 3.31 and 5.6 of this By-
Law to the contrary, on land identified as Island Residential Special
Exception 29 (RI-29), the following provisions shall apply.
- a seasonal dwelling having a maximum total floor area of 258.05
square metres.
- An existing marine storage building with a maximum floor area of
18 square metres.
- Marine Facility
- An existing bathhouse with a maximum floor area of 5.9 square
metres.
Despite Section 2.72, the floor area for a dwelling shall include all
sunrooms, decks and unenclosed verandahs and porches.
SECTION 5 RESIDENTIAL ZONES
113
(xxx) RI-30, 60 Grenadier Island, Assessment Roll Number 809-010-
04800 (By-Law 19-041, Application Z-2019-009)
On the lands zoned RI-30, the following additional provisions shall
apply:
I. On lands zone RI-30, Agricultural Use shall be a permitted
use on the subject lands;
II. The Agricultural Use permitted on lands zoned RI-30 shall be
limited to the keeping of the following livestock:
1 horse
2 donkeys
12 chickens and 1 rooster
III. The setback to the livestock facility from the nearest dwelling
on the adjacent lot shall be 43 metres;
IV. The front yard setback in the RI-30 zone and the setback from
the high water mark of the St. Lawrence River shall be 24.6
metres for the 16.3 square metre livestock building, and 26.8
metres for the 8.92 square metre shed; and
V. The setback from the flood plain shall be 4.8 metres for the
8.9 square metre shed.
(xxxi) RI-31, Tar Island (Pt Lot 1, Tar Island, Plan 120 being Part 3 on
28R8764), Assessment Roll Number 809-010-13400 (By-Law 20-
071, Application Z-2020-010)
Notwithstanding anything contained in this By-law to the contrary, on
lands zoned RI-31 zone the minimum lot area shall be 0.595
hectares.
(xxxii) RI-32, 41 Hill Island Heights, Assessment Roll Number 812-025-
27800 (By-Law 21-006, Application Z-2021-002)
Notwithstanding anything contained in this By-law to the contrary, on
lands zoned RI-32 the minimum lot area shall be 0.582 hectares.
(xxxiii) RI-33, 2 North Gig Island, Assessment Roll Number 812-025-
60800 (By-Law 21-010, Application Z-2020-011)
Notwithstanding anything contained in this By-law to the contrary, in
the RI-33 zone the following provisions shall apply:
i. A sleeping cabin shall be permitted to have a maximum floor
area of 77.6 sqm and maximum building height of 6.1 metres.
ii. The sleeping cabin and attached deck shall be setback a
minimum of 12 metres from the high-water mark.
SECTION 5 RESIDENTIAL ZONES
114
5.7 Mobile Home Park Residential (RMHP) Zone
Permitted Uses:
- accessory dwelling;
- community centre;
- convenience store;
- laundry shop;
- mobile home park;
- park;
- park management office.
Zone Requirements:
(i) Mobile Home Park:
Lot Area (minimum) 4.0 ha (9.88 acres)
Lot Frontage (minimum) 100.0 m (328.08 ft.)
Yard Requirements (minimum) all yards 7.5 m (24.61 ft.)
(ii) Mobile Home Site:
Site Area (minimum) 700.0 m2 (7535 sq.ft.)
Site Frontage (minimum) 15.0 m (49.21 ft.)
Yard Requirements (minimum)
Front 4.5 m (14.76 ft.)
Rear 4.5 m (14.76 ft.)
Exterior Side 4.5 m (14.76 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 4.5 m (14.76 ft.)
Site Coverage (maximum) 35%
Floor Area per Mobile Home (minimum) 45.0 m2 (484.39 sq.ft.)
Mobile Homes per Site (maximum) 1
5.8 Floating Residential (RF) Zone
(a) Permitted Uses:
- floating dwelling;
- marine facility.
(b) Zone Requirements:
Floating Dwellings per Area Zoned (maximum): 1
SECTION 5 RESIDENTIAL ZONES
115
5.9 Additional Provisions for Residential Zones
(a) Separation Distances for Mobile Home Residential Zones
Where a lot which is zoned Residential, Mobile Home Park (RMHP) is
adjacent to any other existing residential use, the minimum yard so abutting
shall be 10.0 metres (32.8 ft.) where the existing residence on the adjacent
property is located within 15.0 metres (49.2 ft.) of the abutting lot line.
(b) Other General Provisions
Other general provisions shall be in accordance with Section 3 of this By-
law.
116
SECTION 6
COMMERCIAL ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Commercial Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
6.1 General Commercial (CG) Zone
(a) Permitted Uses:
- a dwelling unit located in a building containing a commercial use;
- bake shop;
- bakery;
- financial institution;
- clinic;
- club, commercial;
- club, private;
- daycare facility;
- dressmaker/tailor shop;
- dry cleaning or laundry outlet;
- electrician or plumber's shop;
- funeral parlour;
- office;
- parking area/lot;
- personal service establishment;
- police station;
- recreational establishment;
- rental agency;
- restaurant;
- retail store;
- school, commercial;
- service or repair shop;
- single detached dwelling;
- telephone exchange or switching station;
- tourist lodging establishment.
(b) Zone Requirements:
(i) Where piped municipal sewer and water services are not available:
Lot Area (minimum) 6000.0 m (1.5 acres)
Lot Frontage (minimum) 45.0 m (147.64 ft.)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
SECTION 6 COMMERCIAL ZONES
117
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 25%
Dwelling Units per Lot (maximum) 1
(ii) Where piped municipal sewer and water services are available:
Lot Area (minimum) 465.0 m (5005.22 sq. ft.)
Lot Frontage (minimum) 15.0 m (49.21 ft.)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 60%
Dwelling Units per Lot (maximum) 1
(c) Special Exceptions:
(i) CG-1, Assessment Roll No. 812-030-10201
On the lands zoned CG-1, the following Zone Requirements shall
apply:
Yard Requirements (minimum)
Front 0 .3 m (0.98 ft.)
Exterior Side 1.7 m (5.58 ft.)
In addition, no Interior Side Yard shall be required abutting the lot
line which divides Lot 651 from Lot 652.
(ii) CG-2
On lands zoned CG-2, no off-street parking spaces shall be required
for changes in use of an existing building.
(iii) CG-3, 1033 Prince Street, Assessment Roll No. 812-030-22200
The lands zoned CG-3, the following zone requirements shall apply:
- Existing North Interior Side Yard shall be 1.76 metres (5.77 ft.);
- Existing Front Yard shall be 2.79 metres (9.15 ft.).
SECTION 6 COMMERCIAL ZONES
118
(iv) CG-4, Part of Lot 1, Registered Plan No. 5, Seeley's Bay
Assessment Roll No. 816-010-14900
On the lands zoned CG-4, the only permitted uses shall be a chip
wagon or restaurant. The interior side yard shall be 3.0 metres
(9.84 ft.).
(v) CG-5, (Part of Lots 2 and 3, Plan 36, Seeley's Bay) Assessment
Roll No. 816-010-11800
On the lands zoned CG-5, the following uses shall be permitted on
the existing undersized lot without the requirement for on-site
parking:
- an accessory dwelling unit;
- rental agency;
- bakery outlet;
- retail store;
- bank;
- service outlet;
- craft shop;
- single dwelling;
- office.
(vi) CG-6, Assessment Roll No. 816-020-21600
On land zoned CG-6, a second residential apartment with a floor
area of 55 m2 (592.0 sq.ft.) is permitted.
6.2 Highway Commercial (CH) Zone
(a) Permitted Uses:
- accessory dwelling or an accessory dwelling unit;
- auction sales establishment;
- automobile service station;
- financial institution;
- building supply centre;
- car washing establishment;
- club, commercial;
- club, private;
- custom workshop;
- funeral parlour;
- gasoline retail facility;
- greenhouse, commercial;
- kennel;
SECTION 6 COMMERCIAL ZONES
119
- machinery equipment sales and service outlet;
- miniature warehouse storage;
- office;
- parking area/lot;
- printing shop;
- restaurant;
- retail store;
- service or repair shop;
- tourist lodging establishment;
- transportation terminal or depot;
- vehicle sales or rental establishment;
- veterinary establishment;
- wayside pit or quarry.
(b) Zone Requirements:
(i) Where piped municipal sewer and water services are not available:
Lot Area (minimum) 6000 m2 (1.5 acres)
Lot Frontage (minimum) 45.0 m (147.64 ft.)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 6.0 m (19.69 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 25%
Dwelling Units per Lot (maximum) 1
(ii) Where piped municipal sewer and water services are available:
Lot Area (minimum) 465.0 m (5005.22 sq. ft.)
Lot Frontage (minimum) 15.0 m (49.21 ft.)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 60%
Dwelling Units per Lot (maximum) 1
SECTION 6 COMMERCIAL ZONES
120
(c) Special Exceptions:
(i) CH-1, PART OF LOT 21, CONCESSION 10, LEEDS Assessment
Roll No. 816-020-10111
On the lands zoned CH-1, the following uses are only permitted:
- agricultural use;
- craft shop;
- custom workshop;
- electrician or plumbers' shop;
- farm machinery sales and service establishment;
- garden centre;
- office;
- rental agency;
- retail store;
- service outlet;
- veterinary establishment.
(ii) CH-2, Assessment Roll No. 816-025-36204
On lands zoned CH-2, the only permitted uses shall be as follows:
- an accessory dwelling;
- and antique and collectibles store.
(iii) CH-3, Assessment Roll No. 812-035-02200
On the lands zoned CH-3, only a commercial garage and an
accessory dwelling shall be permitted.
(iv) CH-4
On the lands zoned CH-4, only a commercial garage and a single
detached dwelling shall be permitted.
(v) CH-5
On the lands zoned CH-5, only a tearoom occupying not more than
35 m2 (376.74 sq. ft.) of inside floor area and/or not more than 20 m2
(215.29 sq. ft.) of outside floor area and serving a limited menu of
soups, salads, sandwiches, baked goods, beverages and similar
items shall be permitted in addition to an accessory dwelling unit or a
single detached dwelling.
SECTION 6 COMMERCIAL ZONES
121
(vi) CH-6, Assessment Roll No. 812-030-09200
The lands zoned CH-6 in Part of Lot 18, Concession 2, Lansdowne
may only be used for a transportation terminal in accordance with the
following provisions:
Lot Area (minimum) 0.99 ha (2.45 acres)
Lot Frontage (minimum) 110.0 m (361 ft.)
Yard Requirements (minimum)
Front 38.0 m (125 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (25 ft.)
Interior Side 6.0 m (20 ft.)
Building Height (maximum) 3.96 m (13 ft.)
Dwelling Units per Lot (maximum) 1
Open storage shall be limited to transport vehicles in operating
condition which are essential to the permitted use.
(vii) CH-7, Assessment Roll No. 812-020-11200
The lands zoned CH-7, shall only be used for a vehicle repair garage
having maximum dimensions of:
width: 8.6 m (28 ft.)
depth: 6.8 m (22 ft.)
and for an attached single detached dwelling. The minimum side
yards for the combined structure shall be:
north side: 7.0 m (23 ft.)
south side: 5.2 m (17 ft.)
(viii) CH-8, Assessment Roll No. 812-010-03101
On the lands zoned CH-8, only the following uses shall be permitted:
- a commercial garage and/or service outlet having a maximum
area of 90.0 m2 (968.78 sq. ft.)
- an outdoor parking and/or storage area having a maximum
area of 275.0 m2 (2960.17 sq. ft.)
- a single detached dwelling.
(ix) CH-9, Assessment Roll No. 812-020-11200
On the lands zoned CH-9, a marina shall also be permitted.
SECTION 6 COMMERCIAL ZONES
122
(x) CH-10, 409 County Road No. 2, Assessment Roll No. 812-020-
07400 (No longer applicable. See By-Law 15-025, Application
ZB05-15)
(xi) CH-11, 242 Abrams Rd, Assessment Roll No. 812 010 02202 (By-
Law 08-054, Application ZB07/08)
Notwithstanding any provisions of subsection 6.2 a) of this By-Law to
the contrary, the lands identified as Highway Commercial, Special
Exception Eleven (CH-11), the only permitted commercial use shall
be an automotive repair facility.
An automotive repair facility shall mean a building used for the
storage, repair and servicing of motor or recreational vehicles,
having at least one service bay where repairs essential to the actual
operation of a motor vehicle are performed and where the services
are performed for gain or profit.
(xii) CH-12, 3300 County Road No. 32, Roll No. 816 030 00100 (By-
law 09-063, Application ZB07/09)
Notwithstanding any provision of subsection 6.2 a) of this By-law to
the contrary, the lands identified as Highway Commercial, Special
Exception Twelve (CH-12), the following commercial uses are only
permitted:
Accessory dwelling or an accessory dwelling unit;
Auction sales establishment
Financial institution
Building supply centre
Custom workshop
Commercial greenhouse
Machinery equipment sales and service outlet
Miniature warehouse storage
Office
Parking Area/Lot
Printing shop
Restaurant
Retail store
Service or repair shop
Transportation terminal or depot
Vehicle sales or rental establishment
Veterinary establishment.
SECTION 6 COMMERCIAL ZONES
123
(xiii) CH-13, 501 Lyndhurst Rd, Assessment Roll No. 816 020 27001
(By-law 10-030, Application ZB03/10)
Notwithstanding any provision of subsection 6.2 a) of this By-law to
the contrary, the lands identified as Highway Commercial, Special
Exception Thirteen (CH-13), the following commercial uses are only
permitted:
Accessory dwelling or an accessory dwelling unit;
Auction sales establishment
Custom workshop
Commercial greenhouse
Machinery equipment sales and service outlet
Office
Printing shop
Service or repair shop
Transportation terminal or depot
Veterinary establishment
(xiv) CH-14, 3756 County Rd 3, Assessment Roll No. 816-020-11800
(By-law 18-036, Application Z-2018-03)
Notwithstanding any provisions of subsection 6.2 (a) of this By-law to
the contrary, the lands identified as Highway Commercial, Special
Exception Fourteen (CH-1), the permitted uses shall be limited to the
following:
(a) Refreshment Vehicle/Chip Wagon
(b) Greenhouse, Commercial
(c) Farmer’s Market
(d) Accessory Dwelling
(xv) CH-15, 417 South Lake Road, Assessment Roll No. 812-010-
13400 (By-law 16-046, Application Z-2016-006)
On lands zoned Ch-15, notwithstanding any provisions of this by-law
to the contrary, the following provisions shall apply:
a) A commercial storage use, one accessory dwelling, and
related accessory uses, buildings or structures are the only
permitted uses;
b) The minimum lot size shall be 6.5 hectares;
c) Any open storage shall be appropriately located and screened
in accordance with the implementing Site Plan Control
Agreement.
SECTION 6 COMMERCIAL ZONES
124
(xvi) CH-16, 1337 County Rd 2, Assessment Roll No. 809-015-08300
(By-Law 21-073, Application Z-2021-015)
Notwithstanding Section 6.2(b) on lands zoned Highway Commercial
Special Exception 16 (CH-16) the minimum eastern interior side yard
setback shall be 3.0 metres.RU-
6.3 Tourist Commercial (CT) Zone
(a) Permitted Uses:
- accessory dwelling or an accessory dwelling unit;
- club, commercial;
- club, private;
- commercial boat line;
- conference centre;
- gasoline retail facility;
- golf course;
- import/export brokerage business;
- marina;
- marine facility;
- museum;
- miniature golf course and/or driving range;
- parking area/lot;
- parks;
- personal service establishment;
- recreational facility;
- restaurant;
- retail store;
- seasonal camp;
- tent and trailer park;
- tourist lodging establishment.
(b) Zone Requirements:
(i) Tent and Trailer Parks:
Lot Area (minimum) 4.0 ha (9.88 acres)
Lot Frontage (minimum) 60.0 m (196.85 ft.)
Yard Requirements (minimum)
Front 10.0 m (32.8 ft.)
Rear 10.0 m (32.8 ft.)
Exterior Side 10.0 m (32.8 ft.)
Interior Side 5.0 m (16.4 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Accessory Dwelling Units Per Lot (maximum) 1
SECTION 6 COMMERCIAL ZONES
125
Density (maximum) 25 campsites per ha
Campsite Area (minimum) 230.0 m2 (2475.75 sq. ft.)
Campsite Frontage (minimum) 15.0 m (49.21 ft.)
Dwelling Units per Lot (maximum) 1
(ii) Tourist Lodging Establishments
Lot Area (minimum) 1.0 ha (2.5 acres)
Lot Frontage (minimum) 60.0 m (196.85 ft.)
Yard Requirements (minimum)
Front 10.0 m (32.8 ft.)
Rear 10.0 m (32.8 ft.)
Exterior Side 10.0 m (32.8 ft.)
Interior Side 5.0 m (16.4 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage 25%
Accessory Dwelling Units Per Lot (maximum) 1
Density (maximum) 5 units per ha plus 200.0 m (2152.8 sq.ft.)
for every unit in excess of 10
(iii) Other Uses
Lot Area (minimum) 1.0 ha (2.5 acres)
Lot Frontage (minimum) 60.0 m (196.85 ft.)
Yard Requirements (minimum)
Front 10.0 m (32.8 ft.)
Rear 10.0 m (32.8 ft.)
Exterior Side 10.0 m (32.8 ft.)
Interior Side 5.0 m (16.4 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage 25%
Dwelling Units Per Lot (maximum) 1
(c) Special Exceptions:
(i) CT-1
On the lands zoned CT-1, a gasoline retail facility shall be permitted.
CT-1(h), Assessment Roll No. 809-010-00121, 809-010-25800,
809-010-26100, 809-010-26400, 809-010-26702, 809-010-26703
(By-Law 20-005, Application Z-2019-015)
The ‘-H’ Holding Symbol shall only be removed when all of the
following applicable requirements have been complied with:
SECTION 6 COMMERCIAL ZONES
126
i. Any change in boat capacity beyond the permitted 1,100
maximum, is required to comply with the Zoning By-law;
ii. All required studies, including a Traffic Impact Study and Noise
Impact Study, shall be completed, to the satisfaction of the
Township, to demonstrate no adverse impacts related to traffic,
noise, or pedestrian safety will occur as a result of any boat
capacity increase;
iii. Any identified development impacts are mitigated as per
recommendations in supporting studies and implemented through
site plan control;
iv. All necessary Agreements (Site Plan Control Agreement) have
been registered on title.
(ii) CT-2
On the lands zoned CT-2, a flea market, a swimming pool and/or
other recreational facilities accessory to the adjacent CR-1 zone may
be permitted.
(iii) CT-3, 51, 53 and 55 Front St, Assessment Roll Nos. 809-010-
28600, 809-010-28900, 809-010-28500 (By-Law 22-058,
Application Z-2019-005)
a) Permitted Uses
In addition to the uses permitted in the Tour Commercial (CT)
zone a maximum of five (5) Apartment Dwellings are permitted
containing a combined maximum of forty (40) residential units.
b) That for clarity in the event of a discrepancy, the boundary
between the CT-3 zone and FP-3 zones shall be defined as the
wave up rush line identified on Schedule B of By-law 22-058.
c) Zone Requirements
(i) Notwithstanding other provisions in the by-law, all buildings
on the property shall be setback in accordance with the
building setbacks shown on Schedule B to this By-law.
(ii) Maximum Residential Building Height: 14.5 metres
(iii) Maximum Number of Dwelling Units per lot: 40 units
(iv) Parking Requirements (minimum)
SECTION 6 COMMERCIAL ZONES
127
Apartment Dwelling 60 (1.5 spaces/unit, 15% of
spaces reserved for visitors)
Marina 185
Barrier Free Parking 4% of required parking
Required on site Parking 245 spaces(minimum)
Access to Parking Areas- Entrance width maximum 15.23
metres
(v) Buffering – Adjacent Residential Uses
Where the property abuts an existing residential use, a solid
privacy barrier with a minimum height of 1.8m shall be
required for the length of the yard where accessory uses and
structures are located.
(vi) Buffering – Parking Spaces
Minimum 1.6 metre landscaped strip abutting the street.
(iv) CT-4, 51, 53 and 55 Front St (By-Law 22-058, Application Z-2019-
005)
On the lands zoned CT-4, only a marina containing a maximum of
162 boat slips, a marine facility and uses permitted under Section
16 shall be permitted.
(v) CT-5, Assessment Roll No. 809-010-24901
On the lands zoned CT-5, the minimum rear yard requirement shall
be 9.0 m (29.52 ft.) and all new buildings shall be constructed with
exterior cladding, including the roof, which is dark brown in colour.
(vi) CT-6, Assessment Roll No. 812-025-57800
On the lands zoned CT-6, the permitted uses shall only be:
- an accessory dwelling unit,
- a private club or a tourist lodging establishment containing a
maximum of 24 guest rooms,
- accessory uses and structures.
The maximum total ground floor area of all buildings shall be 850.0
m2 9149.62 sq. ft.). The minimum lot area shall be the existing lot
area.
SECTION 6 COMMERCIAL ZONES
128
All building openings such as doors and windows and all sewage
disposal system leaching beds shall be located at or above the 76.8
m (251.97 ft.) geodetic elevation.
(vii) CT-7, Assessment Roll No. 812-025-57800
On the lands zoned CT-7, the permitted use shall only be an
uncovered docking facility accessory to a permitted CT-6 use.
(viii) CT-8, Assessment Roll No. 812-025-25201
The lands zoned CT-8 shall only be used for a single detached
dwelling in the basement of which, up to 260.1 m (2800 sq. ft.) may
be used for a cord-making workshop which manufactures
macramé, hammocks and similar items. Up to 40.0 m2 (430.57 ft2)
of this floor area may be used for retail sales.
(ix) CT-9, Assessment Roll No. 812-025-13500, 812-025-11600
On the lands zoned CT-9, the permitted use shall only be docking
facilities accessory to a marina.
CT-9(ii), Water lot in south of 61 Shipman’s Lane with
Assessment Roll No. 812-025-13000 (By-Law 16-009,
Application ZB11/15) (Part 1 & 2 on Reference Plan 28R14513
and Parts 1-4 on Reference Plan 28R
(a) On the lands zoned CT-9(ii) the permitted uses shall only be
commercial marine docking facilities that are appurtenant to
a marina on the adjacent lot.
(b) Notwithstanding section 6.3(b)(ii) yard requirements shall not
apply and the maximum lot coverage/density shall be 122
slips.
(c) Commercial marine docking facilities shall mean docks,
including floating boat lifts, where only the following activities
are permitted: berthing and storing of boats (excluding winter
boat storage), on-board service or repair of boats, provision
of electrical and water connections to boats, and limited
storage of supplies for boaters berthed at the docks.
(x) CT-10
On the lands zoned as CT-10, the permitted uses shall be:
- accessory dwelling or an accessory dwelling unit;
- tourist lodging establishment.
SECTION 6 COMMERCIAL ZONES
129
(xi) CT-11, 380 County Rd 2, Assessment Roll No. 812-020-04401
(Revised by By-law 14-073, Application ZB06/14)
Notwithstanding anything contained in Section 6.3(a) & Section
6.3(b)(ii) & (iii) on the lands identified as CT-11:
(i) The following uses shall be permitted
Casino
Club, Commercial or Private
Conference Centre
Recreation Establishments (including a Cinema)
Restaurants
Retail Stores
Tourist Lodging Establishment (Hotel or Motel only)
Museum
Personal Service Establishment/Shop
(ii) The maximum height shall be ten (10) stories, not to exceed
42 m (138 ft). An increase to a height of fifteen (15), not to
exceed 63 m (207 ft) stories may be permitted without
amendment to this by-law provided a visual and urban
impact study and site development rational has been
prepared to the satisfaction of the Township and all other
applicable law is met.
(iii) Servicing shall be via municipal water and municipal sanitary
service as provided under agreement with the Town of
Gananoque and may include the need for the developer to
front-end and cover the cost of any fees, studies, distribution
or system upgrades (including oversizing requirements)
determined necessary by the Town of Gananoque.
(xii) CT-12, Assessment Roll No. 816-015-12612
On the lands zoned CT-12 the only permitted uses shall be as
follows:
- a convenience store,
- a take-out food store.
Take-out food store shall mean a building or part thereof where
food is prepared, packaged and offered for sale or sold to the public
for consumption off of the premises of the establishment, and may
include delivery of the food to the public, and also may include a
small area (less than 10% of the permitted gross floor area) for food
consumption on the premises.
SECTION 6 COMMERCIAL ZONES
130
(xiii) CT-13, Assessment Roll No. part of 812-025-17400
On the lands zoned CT-15, no open storage of boats or any other
equipment or material shall be permitted.
(xiv) CT-14, Assessment Roll No. part of 812-025-17400
On the lands zoned CT-14, the only permitted use shall be an
uncovered 7 slip docking facility.
(xv) CT-15, Assessment Roll No. 812-025-11600
On the lands zoned CT-15, the permitted use shall only be a parking
lot and outside boat storage accessory to a marina.
(xvi) CT-16, Assessment Roll No. 812-040-21000
On the lands zoned CT-16, the permitted use shall only be a covered
or uncovered commercial docking facility accommodating up to ten
boats.
Building Height (maximum) 4.0 m (13.12 ft.)
(xvii) CT-17, Assessment Roll No. part 812-040-18700
On the lands zoned CT-17, the following provisions shall apply:
- an existing frame building shall be permitted a minimum of 1.3
metres (4.27 ft.) from the westerly lot line of the abutting
Residential, Shoreline Zone;
- an existing frame building shall be permitted a minimum of 2.1
metres (6.89 ft.) from the southerly lot line of the abutting
Residential, Shoreline Zone;
- a building located on an existing concrete foundation shall be
permitted a minimum of 9.2 m (30.18 ft.) from the
southwesterly lot line of the abutting Residential, Shoreline
Zone.
(xviii) CT-18, 16 Reynolds Road, Assessment Roll No. 812-025-25100
(By-Law 18-061, Application Z-2017-09)
The lands zoned CT-18, the following uses shall also be permitted:
(a) Dwelling Units per Lot (maximum) – 7
(b) Apartment Dwelling
SECTION 6 COMMERCIAL ZONES
131
(c) Business or Professional Office
(xix) CT-19, 33 Front St, Rockport, Assessment Roll No. 809-010-
25400 (By-Law 08-055, Application ZB04/08)
Notwithstanding any provisions of subsection 6.3 and 3.1 (vi) of this
By-law to the contrary, the lands identified as Tourist Commercial,
Special Exception Nineteen (CT-19), living accommodation is
permitted in the second storey of the existing detached garage.
(xx) CT-20, Part Lot 7, Con 1, Assessment Roll No. 812-025-08301,
812-025-07200, 812-025-08300 (By-law 11-083, Application
ZB14/11)
a) The lands identified with grey black dashed outline on
Schedule “A” to this By-Law be zoned Tourist Commercial –
Special Exception 20 (CT-20)”;
b) That the minimum front yard and setback from the high water
mark be 2 metres;
c) That the minimum interior southwest side yard setback be 7
metres for the cabin;
d) That the interior southwest side yard setback be 0.5 metres
for the pump house;
e) That all new development, including any buildings and
structures, in the CT-20 Zone meet the provisions of the
parent CT Zone and the general provisions of the Zoning By-
Law;
f) That Schedule “B” to By-law No. 07-079 is amended in
accordance with the provisions of this By-law.
(xxi) CT-21, 88 County Rd 32, Assessment Roll No. 812-010-01700
(By-Law 13-050, Application ZB06/13)
Notwithstanding anything contained in Section 6.3 (a), permitted
uses, only the following uses shall be permitted:
accessory dwelling or an accessory dwelling unit
community centre
club-commercial
club-private
conference centre
fuel storage tank
golf course
gasoline retail facility
helicopter tourism business
marine contracting establishment
mini warehouse and storage
SECTION 6 COMMERCIAL ZONES
132
miniature golf course and/or driving range
office
parking area/lot
restaurant
retail store
transportation terminal or depot
warehouse
Notwithstanding Clause 6.3 (6)(iii) lot coverage shall be limited to
20%.
(xxii) CT-22, 14 Flaggs Creek Crecent, Assessment Roll No. 812-025-
11300 (By-Law 13-070, Application ZB03/13)
a) Notwithstanding anything contained in Section 6.3 (a),
permitted uses, only the following uses shall be permitted:
Marina Storage excluding repairs, fuel, sales
b) Notwithstanding the general provisions, the following shall
apply:
1 Loading Space (minimum)
8 Parking Spaces (minimum)
(xxiii) CT-23, 507-511 1000 Islands Parkway, Assessment Roll No. 812-
025-13700 (By-law 14-031, Application ZB09/13)
Notwithstanding any provisions of subsection 6.3 (a) to this By-law to
the contrary, the lands identified as Tourist Commercial Special
Exception 23 (CT-23), a marine facility manufacturing industry shall
be permitted in addition to the permitted uses in the Tourist
Commercial Zone.
(xxiv) CT-24, 379 Highway 2, Assessment Roll No. 812-020-04000 (By-
law 18-038, Application Z-2016-011)
Notwithstanding the provisions of Section 6.3 Tourist Commercial
(CT) to the contrary, on lands zoned CT-24, the following provisions
shall apply:
(i) The only uses permitted shall be:
- Accessory dwelling or an accessory dwelling unit;
- Club, commercial
- Clun, private
- Conference centre
- Museum
- Parks
SECTION 6 COMMERCIAL ZONES
133
- Personal service establishment
- Restaurant
- Retail store
- Tourist lodging establishment
(ii) Interior side yard (min) 9.0 metres
(iii) Building height (max) 14.0 metres
(iv) Despite (iii), mechanical equipment, parapets, elevator
overruns, stair overruns and signage shall be exempt from the
maximum height requirement.
(v) Density (max) 51 unites per hectare
(vi) Loading Facilities (min) 1 Space
(vii) Driveway width (max) 11 metres
(xxv) CT-25, 853 1000 Islands Parkway, Assessment Roll No. 809-010-
32900 (By-law 17-001, Application Z-2016-012)
On lands zoned CT-25, a wellness centre will be permitted in
addition to the uses permitted under the Tourist Commercial Zone. A
Wellness Centre shall mean an establishment that offers health
services for the body and mind including counselling options,
medical services and wellness programs/education. Parking space
requirements for the wellness centre shall be 1 per 2 persons
accommodated overnight, plus parking requirements for accessory
and other on-site uses.
(xxvi) CT-26, 412 County Road No. 2, Assessment Roll No. 812-020-
07109 (By-Law 15-013, Application ZB04/15)
(i) The lands zoned CT-26, the only permitted uses shall be:
- an accessory dwelling;
- 110 unit tourist lodging establishment;
- club, commercial or private;
- conference centre;
- museum;
- personal service establishment/shop;
- recreation establishments (including a cinema);
- restaurants;
- retail stores;
- tent and trailer park;
SECTION 6 COMMERCIAL ZONES
134
(ii) The following additional provisions shall apply for the 110 unit
tourist lodging establishment only:
- The minimum building setback from the high water mark of
the southern pond shall be 6.22 metres (20.41 feet)
horizontal;
- The minimum building setback from the 1:100 year flood
plain elevation of the southern pond shall be 92.0 metres
GSC (301.84 feet) or 3.0 metres (9.84 feet) horizontal;
- The minimum elevation for all openings on buildings and
structures shall be at a minimum elevation of 92.3 metres
(GSC) (302.82 feet);
- Maximum Building Height 29.57 metres (97.01 feet)
- Number of Parking Spaces 135 spaces
(iii) The following additional provisions for all uses including the
tourist lodging establishment:
- The minimum required yards shall be maintained in their
natural landscaped space except as required to be used
for driveways, paths and walkways.
- Water and floodplain setbacks may be reduced to those
noted in clause 6.3 (c)(xix)(ii) subject to approval of the
conservation authority.
(xxvii) CT-27-H, (Plan 196 Pt Blk L Pt Water Lot RP 28R13033 Parts 4
AND 6, Assessment Roll No, 809-010-26501 (By-Law 20-005,
Application Z-2019-015)
a. Permitted Use
i. In the CT-27 Zone the permitted use shall be marine facilities
associated with the existing commercial boat line operation
located at 20 Front Street and parking that exists as of the date
of the passing of this by-law. The establishment of any new use
shall be subject to the permitted uses and provisions of section
6.3 of the Zoning By-law.
b. Setbacks
i. From Water: Where any lot is adjacent to a waterbody or
watercourse, any building structure, campsite, agricultural use
that includes the keeping of livestock, and septic disposal
system shall be set back a minimum of 30.0 metres (98.43 ft.)
from the high water mark. This provision shall not apply to
marinas and marine facilities, docks, marine facilities for
SECTION 6 COMMERCIAL ZONES
135
commercial boat lines (excluding any buildings or structures),
stairs, floating dwellings, transmission facilities for gas,
telephone, cable or electrical power, or to flood control and
erosion control structures.
ii. From Flood Plains: Notwithstanding other provisions of this by-
law, no building or structure, other than a dock or marine
facilities for commercial boat line, shall be erected or altered
within 5 metres of flood plain or 30 metres from the high-water
mark, whichever is greater.
c. Holding Symbol
The ‘-H’ Holding Symbol shall only be removed when all of the
following applicable requirements have been complied with:
i. Any change in boat capacity beyond the permitted 1,100
maximum, is required to comply with the Zoning By-law;
ii. All required studies, including a Traffic Impact Study and Noise
Impact Study, shall be completed, to the satisfaction of the
Township, to demonstrate no adverse impacts related to traffic,
noise, or pedestrian safety will occur as a result of any boat
capacity increase;
iii. Any identified development impacts are mitigated as per
recommendations in supporting studies and implemented
through site plan control;
iv. All necessary Agreements (Site Plan Control Agreement) have
been registered on title.
6.4 Recreation Commercial (CR) Zone
(a) Permitted Uses:
- accessory driving range;
- accessory dwelling or an accessory dwelling unit;
- conference centre;
- golf course;
- marine facility;
- park;
- passive outdoor recreation;
- retreat area;
- seasonal camp;
- tent and trailer park;
- tourist information centre;
- trail system.
SECTION 6 COMMERCIAL ZONES
136
(b) Zone Requirements:
(i) Tent and Trailer Park:
Lot Area (minimum) 6.0 ha (14.83 acres)
Lot Frontage (minimum) 75.0 m (246.06 ft.)
Yard Requirements (minimum)
All 12.0 m (39.37 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Density (maximum) 10 campsites per 0.4 ha
(0.99 acres) for the land zoned
Dwelling Units per Lot (maximum) 1
(ii) Tent and Trailer Site:
Site Area (minimum) 235.0 m2 (2529.52 sq. ft.)
Site Frontage (minimum) 15.0 m (49.21 ft.)
Yard Requirements (minimum)
All 1.5 m (4.92 ft.)
Dwelling Unit per lot (maximum) 1
(iii) Other Uses:
Lot Area (minimum) 6000.0 m2 (1.5 acres)
Lot Frontage (minimum) 45.0 m (147.64 ft.)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 25%
Accessory Dwelling Units per Lot (maximum) 1
Marine Facility Height (maximum) 3.0 m (9.84 ft.)
(c) An accessory dwelling or an accessory dwelling unit on a waterfront lot
shall conform to the requirements of a Residential, Shoreline (RS) Zone.
An accessory dwelling or an accessory dwelling unit on a non-waterfront
lot shall conform to the requirements of a Residential, Hamlet (RH) Zone.
(d) Special Exceptions:
SECTION 6 COMMERCIAL ZONES
137
(i) CR-1 Assessment Roll No. 809-010-32805
On the lands zoned CR-1, only a maximum of 36 sites to be
occupied seasonally by recreational vehicles shall be permitted in
accordance with the following regulations:
Site Frontage (minimum) 10.6 m (34.78 ft.)
(ii) CR-2, Assessment Roll No. 812-025-14700
On the lands zoned CR-2, a seasonal park model trailer
development containing a maximum of 20 park model trailers which
are used an occasional resort for vacation, recreation, rest and
relaxation purposes by a person who regularly resides at another
location may be permitted in accordance with the following:
- a park model trailer is defined in section 9.39.2.1 of the Ontario
Building Code as a manufactured building used or intended to be
used as a seasonal recreational building of residential
occupancy. It bears a CSA Z241 stamp and has a maximum
gross floor area of 50.0 m2 (538.21 sq. ft.);
- a park model trailer is not the principal Canadian residence of the
owner;
- a park model trailer is not occupied between December 31 of one
year and April 1 of the following year;
- that no additions or accessory structures are to be allowed to the
original park model trailers, with the exception of one storage
shed not exceeding 5.95 square metres (64.0 sq.ft.);
- all servicing infrastructure, including electricity, gas, water supply,
sewage disposal and access roads, are rendered inoperable
through the use of restrictors, shutoffs, tags gates or similar
method to ensure that they are not used during the December 31
to April 1 period;
- all water supply and sewage disposal services are owned and
operated by the park management and there is no obligation for
the Municipality to own or be responsible for these or any other
services.
(iii) CR-3, Assessment Roll No. 812-025-09202, 812-025-09400, 812-
025-09801, 812-025-10401 (812-025-10401 – By-law 14-027
Application ZB01/14)
On the lands zoned CR-3, a tent and trailer park is prohibited.
SECTION 6 COMMERCIAL ZONES
138
(iv) CR-4, Assessment Roll No. 812-010-01100
On the lands zoned CR-4, a contractor's yard or shop shall also be
permitted.
6.5 Major Tourism Commercial (CMT) Zone
(a) Permitted Uses:
- auction sales establishment
- bake shop
- bakery
- building supply centre
- clinic
- club, commercial
- club, private
- conference centre
- day care facility
- dressmaker and/or tailor shop
- drive-through facilities*
- dry cleaning or laundry outlet
- electrician or plumber’s shop
- financial institution/bank
- greenhouse, commercial
- import/export brokerage business
- major tourist establishment
- machinery and equipment sales and service outlet
- marina (excluding berth and storage)
- museum
- office
- park
- personal service establishment
- printing shop
- recreational establishment
- recreational facility
- restaurant
- retail store(s)
- school, commercial
- service or repair shop
- tourist information centre
- tourist lodging establishment
- trail system
- transportation depot
- vehicle sales or rental establishment
SECTION 6 COMMERCIAL ZONES
139
* Provided that they are located in the same building or on the same lot as a
permitted use.
(b) Zone Requirements:
(i) Where piped municipal sewer and water services are not available:
Lot Area (minimum) 6000 sqm (1.5 acres)
Lot Frontage (minimum) Right-of-way access
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 6.0 m (19.69 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 25%
Note: It should be noted that lots serviced by private services may
require lot sizes or performance standards larger than that
necessary to meet zone provisions in order to accommodate the
servicing systems capable of handling the increased levels or water
consumption, tree preservation, storm water management and
sewage generation that may be associated with these uses.
(ii) Where piped municipal sewer and water services are available:
Lot Area (minimum) 465 sqm (5005.22 sq ft)
Lot Frontage (minimum) Right-of-way access
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 60%
(iii) Landscaped open space
In addition to other requirements of the zoning by-law, the minimum
required yards shall be maintained in their natural landscaped state
and/or planted with native plantings except as required to be used for
driveways, paths, walkways as approved under site plan control.
SECTION 6 COMMERCIAL ZONES
140
(iv) Open storage
In addition to the requirements of Section 3.23, open storage,
including waste/recycling areas and receptacles are permitted in
interior side and rear yards only and must be screened and
concealed from view from abutting streets and from abutting non-
commercial or non-industrial zones.
6.6 Additional Provisions for Commercial Zones
(a) Accessory Dwellings and Accessory Dwelling Units
(i) Accessory dwellings not connected to piped municipal sewer and
water services shall conform to the requirements of the RH Zone for
single detached dwellings and the requirements for RS Zone when
located on a waterfront lot. Those which are connected to services
shall conform to the R1 requirements.
(b) Increased Yard Requirements
(i) Where a General Commercial Zone abuts a Residential or
Institutional Zone, the minimum side yard requirement on the
abutting side shall be increased to 7.5 metres (24.61 ft.) and the
minimum rear yard requirement shall be increased to 10.5 metres
(34.45 ft.) of which 3.0 metres (9.84 ft.) shall be landscaped open
space.
(ii) Where a Highway Commercial Zone, Tourist Commercial Zone or
Recreational Commercial Zone abuts a Residential or Institutional
Zone, the minimum side yard requirement on the abutting side shall
be increased to 12.0 metres (39.37 ft.) and the minimum rear yard
shall be increased to 15.0 metres (49.21 ft.) of which 3.0 metres
(9.84 ft.) should be landscaped open space. In the case of a tent and
trailer park, the landscaped open space shall be either 30.0 metres
(98.43 ft.) in depth or 6.0 metres (19.68 ft.) in depth combined with
screening 2.0 metres (6.56 ft.) in height in accordance with site plan
control.
(c) Other General Provisions
Other general provisions shall be in accordance with Section 3 of this By-
law.
141
SECTION 7
INDUSTRIAL ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in an Industrial Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
7.1 Light Industrial (ML) Zone
(a) Permitted Uses:
- accessory dwelling or an accessory dwelling unit;
- automobile body shop;
- automobile service station;
- building supply centre;
- club, private;
- contractor's yard or shop;
- custom workshop;
- farm supply and service facility;
- gasoline retail facility;
- machinery and equipment sales and service outlet;
- manufacturing industry;
- milk receiving or transfer station;
- office;
- parking area;
- service or repair shop; transportation terminal or depot;
- vehicle sales or rental establishment;
- warehouse;
- wayside pit or quarry;
- well drilling establishment;
- wholesale establishment.
(b) Zone Requirements
(i) Where piped municipal sewer and water services are not available:
Lot Area (minimum) 1.0 ha (2.5 acres)
Lot Frontage (minimum) 60.0 m (196.85 ft.)
Yard Requirements (minimum)
Front 12.0 m (39.37 ft.)
Rear 12.0 m (39.37 ft.)
Exterior Side 12.0 m (39.37 ft.)
Interior Side 7.5 m (24.61ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 20%
Accessory Dwelling Units per Lot (maximum) 1
SECTION 7 INDUSTRIAL ZONES
142
(ii) Where piped municipal sewer and water services are available:
Lot Area (minimum) 465.0 m (5005.22 sq. ft.)
Lot Frontage (minimum) 15.0 m (49.21 ft.)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 40%
Accessory Dwelling Units per Lot (maximum) 1
(c) Special Exceptions:
(i) ML-1, Assessment Roll N0. 812-035-08700
On the lands zoned ML-1, the minimum interior side yard shall be
7.5 m (24.61 ft.) and the minimum rear yard shall be 10.5 m (34.45
ft.).
7.2 Rural Industrial (MR) Zone
(a) Permitted uses:
- accessory dwelling or an accessory dwelling unit;
- automobile body shop;
- automobile service station;
- building supply centre;
- cannabis production and/or processing;
- cheese factory;
- contractor's yard or shop;
- custom workshop;
- electric power generating plant;
- factory outlet;
- farm supply and service facility;
- fuel storage tank;
- gasoline retail facility;
- kennel;
- machinery and equipment sales and service outlet;
- manufacturing industry;
- marine contracting establishment;
- marine facility;
- milk receiving or transfer station;
- mini warehouse and storage
- office;
SECTION 7 INDUSTRIAL ZONES
143
- parking area;
- planing mill and/or sawmill;
- transportation terminal or depot;
- vehicle sales or rental establishment;
- warehouse;
- wayside pit or quarry;
- well drilling establishment;
- wholesale establishment.
- storage compound
(b) Zone Requirements
Lot Area (minimum) 1.0 ha (2.5 acres)
Lot Frontage (minimum) 60.0 m (196.85 ft.)
Yard Requirements (minimum)
Front 12.0 m (39.37 ft.)
Rear 12.0 m (39.37 ft.)
Exterior Side 12.0 m (39.37 ft.)
Interior Side 7.5 m (24.61ft.)
Lot Coverage (maximum) 20%
Building Height (maximum) 15.0 m (49.21 ft.)
Accessory Dwelling Units per Lot (maximum) 1
Marine Facility Height (maximum) 3.0 m (9.84 ft.)
(c) Special Exceptions:
(i) MR-1
On the lands zoned MR-1, a dredging and/or marine contracting
establishment shall be permitted.
(ii) MR-2, Assessment No. 812-030-09200
On the lands zoned MR-2, open storage shall be located a minimum
of 15.0 m (49.21 ft.) from the top of the bank of any creek or other
watercourse and 9.0 m (29.53 ft.) of landscaped open space shall be
provided adjacent to the westerly lot line.
(iii) MR-3
On the lands zoned MR-3, the permitted use shall only be docking
facilities accessory to a dredging and/or marine contracting
establishment.
SECTION 7 INDUSTRIAL ZONES
144
(iv) MR-4
On the lands zoned MR-4, a slaughter house will be permitted.
(v) MR-5, County Road No. 3, Assessment Roll No. 812-040-16500
The lands zoned MR-5 may only be used for a sawmill and a retail
outlet for wood chips/landscaping stones.
(vi) MR-6, 575 Reynolds Road, Assessment Roll No. 812-030-02800
On the lands zoned MR-6, the following uses shall also be permitted:
- a manufacturing establishment.
(vii) MR-7, Assessment Roll No. 812-030-01700
On the lands zoned MR-7, a transportation terminal shall also be
permitted. All buildings and structures shall be set back a minimum
of 15.0 m (49.21 ft.) from the centreline of any drainage channel.
(viii) MR-8, Assessment Roll No. 816-010-09700
The lands zoned MR-8, in Part of Lot 12, Concession VII, Township
of Leeds may only be used for the following uses:
- automobile body shop;
- automobile repair garage.
Automobile repair garage shall mean a building or structure where
secondary repair and refitting of motor vehicles may be undertaken
for compensation. In no case shall fuel be sold on the premises.
Automobile repair, secondary shall mean major engine/drive train
replacement/repair, and shall include engine removal, bottom and
top end overhaul, head gasket replacement, grinding of valves,
piston ring and/or piston replacement, replacement of any bearings,
fuel system, cooling system, carburetion/fuel injection
repair/replacement and transmission repair.
(ix) MR-9, Assessment Roll No. 816-025-30702
On the lands zoned MR-9 the only permitted uses shall be as
follows:
- an accessory dwelling or an accessory dwelling unit;
- construction yard;
SECTION 7 INDUSTRIAL ZONES
145
- custom workshop;
- service outlet;
- truck terminal;
- office;
- warehouse.
(x) MR-10, Assessment Roll No. 812-010-10800
The lands zoned MR-10 may also be used for a boat repair
business.
(xi) MR-11, Assessment Roll No. 816-020-24601
On lands zoned MR-11 the only permitted uses shall be as follows:
- an accessory dwelling;
- automobile body shop: a maximum of 5 vehicles to be serviced at
one time
- custom workshop;
- small engine sales and service outlet;
- warehouse;
- boat sales and service outlet.
(xii) MR-12, Part of Lot 10, Concession 6, Township of Leeds
Assessment Roll Nos. 816-010-02101 and 816-010-03001
On the lands zoned MR-12 the only permitted uses shall be as
follows:
- an accessory dwelling;
- an excavating business;
- landscaping business;
- a welding shop.
(xiii) MR-13, 337 Escott Rockport Road, Assessment Roll No. 809-
015-03500 (By-Law 10-019, Application ZB02/10)
Notwithstanding any provision of subsection 7.2 a) of this By-law to
the contrary, the lands identified as Rural Industrial, Special
Exception Thirteen (MR-13) may only be used as a winery.
A winery shall mean a building or part of a building where wines are
produced and may include wine tasting, storage, display, processing
and administrative facilities and any associated patio area and
restaurant.
SECTION 7 INDUSTRIAL ZONES
146
(xiv) MR-14, 675 Lyndhurst Road, Assessment Roll No. 816-025-
29400 (By-Law 12-088, Application ZB05/10) {Formerly MR-3,
By-Law 06-010 Application ZB13/05})
Notwithstanding any provisions of subsection 7.2 (a) of this By-Law
to the contrary, the lands identified as Rural Industrial, Special
Exception Fourteen (MR-14), may be used for a wholesale
establishment for the storage and sale of firewood. The cutting of
wood will comply with the general provisions of the Rural (RU) Zone.
(xv) MR-15, Pt Lot 6, Con 11 (Part 2 on Plan 28R12717), Assessment
Roll No. 816-020-27603 (By-Law 13-008, Application ZB01/13)
Notwithstanding anything contained in Section 7.2 (a) of this By-law
to the contrary, on the lands identified as Rural Industrial, Special
Exception Fifteen (MR-15), the following uses shall be permitted:
i. Contractor’s yard or shop
ii. Custom workshop
iii. Factory outlet
iv. Office
v. Warehouse
vi. Storage Compound
Notwithstanding anything contained in Section 7.2 (b) of this By-law
to the contrary, for the lands identified as Rural Industrial, Special
Exception Fifteen (MR-15), the minimum lot size shall be 0.75
hectares.
(xvi) MR-16, 111 Highway 15, Assessment Roll No. 816-010-06700
(By-Law 18-065, Application Z-2018-006)
That lands zoned MR-16 shall have the following permitted uses:
- Agriculture;
- Stockpiling;
- Conservation, Forestry, and reforestation;
- Outside storage associated with mineral extraction and
processing;
- Public use;
- Processing plant for crushing, screening and processing of
materials.
That lands zoned MR-16 shall be in accordance with the following:
(i) No minimum lot frontage or lot area shall apply.
SECTION 7 INDUSTRIAL ZONES
147
(ii) A 15 metre setback from the edge of the zone boundary,
except where abutting another industrial or extractive zone.
No building or plant, including screening, or washing or any
stockpiling operation associated therewith shall be located on the
property within 100 metres of a dwelling house or dwelling unit or
area zoned solely for residential purposes where such lands are held
under distinct separate ownership.
(xvii) MR-17, 81 County Rd 32, Assessment Roll No. 812-010-01905
(By-Law 20-015, Application Z-2019-016)
Notwithstanding Section 3.33 d)ii), on lands zoned Rural Industrial
Special Exception – 17 (MR-17) the maximum driveway width shall
be 11.50 m (37.73 ft.)
7.3 Additional Provisions for Industrial Zones
(a) Accessory Dwellings
(i) Accessory dwellings which are not connected to piped municipal
sewer and water services shall conform to the requirements of the
RH Zone for single dwellings. Those which are connected shall
conform to the R1 requirements.
(b) Increased Yard Requirements
Where a Light Industrial Zone or a Rural Industrial Zone abuts a Residential
or Institutional Zone, or is separated from a Residential or Institutional Zone
by only a street, the minimum yard requirement of any yard so abutting or
facing shall be increased to 20.0 metres (65.62 ft.) of which 3.0 metres
(9.84 ft.) shall be landscaped open space.
(c) Special Provision Adjacent to Railways
Where a lot line or a part of a lot line in an Industrial Zone directly abuts a
railway right-of-way, no minimum yard shall be required on the portion so
abutting.
(d) Gate House or Guard House
A gate house or guard house shall be permitted in a front yard or exterior
side yard in an Industrial Zone.
SECTION 7 INDUSTRIAL ZONES
148
(e) Other General Provisions
Accessory uses, parking and loading requirements and other general
provisions shall be in accordance with Section 3 of this By-law.
149
SECTION 8
INSTITUTIONAL ZONE
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in an Institutional Zone except in accordance with the provisions of this Section
or of any other relevant Sections of this By-law.
8.1 Institutional (I) Zone
(a) Permitted Uses:
- accessory dwelling or an accessory dwelling unit;
- cemetery;
- clinic;
- club, private;
- community centre;
- day care centre;
- fairground;
- fire hall;
- group home;
- group home, correctional;
- hospital;
- library;
- marine facility;
- municipal office;
- museum;
- nursing home;
- office;
- park;
- parking lot;
- place of worship;
- police station;
- retreat area;
- school;
- seasonal camp.
- retirement residence
(b) Zone Requirements:
(i) Where piped municipal sewer and water services are not available:
Lot Area (minimum) 6000.0 m2 (1.5 acres)
Lot Frontage (minimum) 45.0 m (147.64 ft.)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 20 m (66 ft.)
Lot Coverage (maximum) 20%
Dwelling Units per Lot (maximum) 1
SECTION 8 INSTITUTIONAL ZONE
150
(ii) Where piped municipal sewer and water services are available:
Lot Area (minimum) 465.0 m (5005.22 sq. ft.)
Lot Frontage (minimum) 16.0 m (52.49 ft.)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 40%
Dwelling Units per Lot (maximum) 1
(iii) Park
No building, structure or active recreational facility shall be located or
erected closer than 10.0 metres (32.8 ft.) to any lot line.
8.2 Additional Provisions for Institutional Zones
(a) Accessory Dwellings
(i) Accessory dwellings not connected to piped municipal sewer
and water services shall conform to the requirements of the
RH Zone for single detached dwellings. Those which are
connected shall conform to the R1 Zone requirements.
(b) Cemeteries
Notwithstanding the provisions of Section 8.1, Cemeteries shall
conform to the Cemeteries Act.
(c) Special Exceptions
(i) I-1, 104-1000 Islands Parkway, Assessment Roll No. 812 020
08200 and 812 020 08300 (Original Repealed - Amended By-Law
13-015, Application ZB03-12)
Notwithstanding anything contained in Sections 2, 3 and 8.1(a) of
this By-Law to the contrary, on the lands identified as Institutional,
Special Exception One (I-1) on Schedule ‘A’ hereto, the following
regulations shall apply:
a) The permitted uses of the lands zoned I-1 shall be:
i. Residential Care Home Facility
ii. Life Lease Residential Habitation Units
SECTION 8 INSTITUTIONAL ZONE
151
b) Residential Care Home Facility: shall mean a residence for the
elderly which provides ancillary health and social services to the
residents of the home and had communal dining and recreational
facilities.
c) Life Lease Residential Habitation Unit: shall mean a dwelling unit,
as defined elsewhere in this By-law, for the exclusive use of the
elderly that is leased/rented by the inhabitant(s) and is in the
permanent ownership of the property owner and operator of the
associated Residential Care Home Facility.
d) Maximum number of Life Lease Residential Habitation Units: 20
e) Minimum setback from the high water mark from the Locally
Significant Wetland boundary and Legges Creek shall be: 30
metres
f) Maximum building height for Residential Care Home Facility: 18.0
metres
g) Maximum building height for Life Lease Residential Habitation
Unit: 12.0 metres
h) Minimum number of parking spaces for Residential Care Home
Facility: 40
i) Minimum number of parking spaces for a Life Lease Residential
Habitation Unit: 1
j) Minimum number of visitor parking spaces for Life Lease
Residential Habitation Unit: 15% of total minimum number of
parking spaces.
(ii) I-2, 482 Union Road, Assessment Roll Number 812-040-05700
(Severed Parcel, Consent Application B-478-22), (By-Law 22-
069, Application D14-2022-012)
The minimum distance separation between livestock facility area and
the adjacent cemetery use(s) shall be 225m.
(d) Other General Provisions
Accessory uses, parking and loading requirements and other general
provisions shall be in accordance with Section 3 of this By-law.
152
SECTION 9
OPEN SPACE ZONES
No person shall hereafter use any lands not erect, alter, enlarge or use any building or
structure in an Open Space Zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
9.1 Open Space (OS) Zone
(a) Permitted Uses:
- accessory dwelling or an accessory dwelling unit;
- agricultural use;
- camping area;
- cemetery;
- Club, private;
- conservation use;
- fairground;
- forestry use;
- marine facility;
- park;
- passive outdoor recreation;
- recreational facility;
- seasonal camp;
- sports fields;
- trail system.
(b) Zone Requirements:
(i) Cemeteries shall conform to the provisions of the Cemeteries Act.
(ii) No minimum area, frontage or yards shall be required for any lot
provided that no buildings or recreational facilities are located
thereon.
(iii) No building, structure or active recreational facility except marine
facility shall be located or erected closer than 6.0 metres (19.69 ft.)
to any lot line and lot coverage shall not exceed 10%.
(iv) No building or recreational facility shall be located or erected closer
than 6.0 metres (19.68 ft.) to any lot line which abuts a Residential
Zone.
SECTION 9 OPEN SPACE ZONE
153
(c) Special Exceptions:
(i) OS-1, Assessment Roll No. 812-015-00732
The land zoned OS-1 shall only be used for a trail which provides
access to a private docking facility.
(ii) OS-2, Tar Island, Assessment Roll No. 809-010-13603 (By-law
12-105, Application ZB04/12)
Notwithstanding any provisions of subsections 9.1 (a) and 9.2 (b) of
this By-law to the contrary, that no agricultural activity shall be
permitted with a 20 metre shoreline naturalization buffer on the lands
identified as Open Space, Special Exception Two (OS-2).
(iii) OS-3, 1 Goose Island, Assessment Roll No. 809-010-07700 (By-
law 042, Application Z-2018-004)
That lands zoned OS-3 shall only be used for passive outdoor
recreation and structures. No grey water uses shall be permitted.
Sewage system shall be limited to a self-contained compost toilet (no
overflow drain). Structures shall be limited to storage use and a
composting sewage facility in accordance with the following:
(a) Setback from the highwater mark: 10 m minimum
(b) Maximum Building Area: 300 sq.ft.
(c) Maximum building height: 14 ft.
9.2 Additional Provisions for Open Space Zones
(a) Accessory dwellings shall conform to the requirements of the R1 Zone if
connected to municipal sanitary sewer and water services or the RH Zone if
not connected and located on a non-waterfront lot, or RS Zone if not
connected and on a waterfront lot.
(b) Accessory uses, parking and loading requirements and other general
provisions shall be in accordance with Section 3 of this By-law.
154
SECTION 10
AGRICULTURAL ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in an Agricultural Zone except in accordance with the provisions of this Section
and any other relevant Sections of this By-law.
10.1 Agricultural (AG) Zone
(a) Permitted Uses:
- accessory dwelling
- agricultural use
- cannabis production and/or processing
- conservation use
- duplex dwelling
- group home
- kennel
- on-farm agriculture related use
- on-farm diversified use
- seasonal worker accommodation
- semi-detached dwelling
- single detached dwelling
- underground dwelling
- veterinary establishment
- wayside put or quarry
(b) Zone Requirements:
Lot Area (minimum)
Agricultural Use, Conservation Use,
Forestry Use 20.0 ha (49.42 acres)
Other Uses 1.0 ha (2.5 acres)
Lot Frontage (minimum) 60.0 m (2.5 acres)
Front Yard Depth (minimum) 15.0 (49.21 ft.)
Exterior Side Yard Width (minimum)
Local Road 10.0 m (32.8 ft.)
County Road 15.0 (49.21 ft.)
Interior Side Yard Width (minimum) 10.0 m (32.8 ft.)
Rear Yard Depth (minimum) 10.0 m (32.8 ft.)
Lot Coverage (maximum) 10%
Building Height (maximum)
Single detached dwelling 12.0 m (39.37 ft.)
Other Uses 15.0 m (49.21 ft.)
SECTION 10 AGRICULTURAL ZONE
155
(c) Special Exceptions:
(i) AG-1,
On the lands zoned AG-1, the minimum lot area shall be 2.5 ha (6.18
acres).
(ii) AG-2, Assessment Roll No. 812-020-20500
On the lands zoned AG-2, the minimum lot area shall be 11.0 ha
(27.18 acres).
(iii) AG-3
On the lands zoned AG-3, the minimum lot area shall be 5.0 ha
(12.35 acres).
(iv) AG-4, 2414 Outlet Road, Assessment Roll No. 812-040-09500
(By-Law 09-003, Application ZB10/08)
Notwithstanding any provision of subsection 10.1 and 3.30 a) x) of
this By-law to the contrary, the lands identified as General
Agricultural, Special Exception Four (AG-4) shall permit the
establishment of a kennel.
The kennel can be located 85 metres from the existing residential
dwelling located on the east side of Outlet Road, known as 2414
Outlet Road.
(v) AG-5, Multiple Parcels
1. AG-5, 294 South Lake Road, Assessment Roll No. 812-010-
08000 (By-law 12-106, Application ZB07/12),
2. AG-5, 1402 Outlet Road (Severed Parcel B-29-14),
Assessment Roll No. 812-035-14000 (By-Law 15-023,
Application ZB08/14)
3. AG-5. Retained Lands from Severance B-46-16, Assessment
Roll No. 812-035-14700 (By-Law 17-009, Application Z-2017-
01)
4. AG-5, Vacant Land, Sand Bay Road, Assessment Roll No.
812-040-15600 (By-Law 17-010, Application Z-2017-02)
SECTION 10 AGRICULTURAL ZONE
156
Notwithstanding any provisions of subsections 10.1 (a) and 10.2
(b) of this By-law to the contrary, that no group home, single
detached dwelling or underground dwelling shall be permitted on
the lands identified as General Agricultural, Special Exception
Five (AG-5).
(vi) AG-6, 1402 Outlet Road, Assessment Roll No. 812-035-14000
(By-law 15-023, Application ZB08/14)
On lands zoned AG-6, the minimum lot frontage on an existing public
road shall be 0.0 metres (0.0 feet).
(vii) AG-7, 460 Cliffe Road, Assessment Roll No. 812-020-19950 (By-
Law 15-040, Application ZB06/15)
On lands zoned AG-7, residential uses are prohibited, and the
existing barn and drive shed shall not be used for livestock use.
(viii) AG-8, 99 Sand Bay Road, Assessment Roll No. 812-040-15603
(By-Law 17-010, Application Z-2017-02)
Notwithstanding anything contained in section 10.1(b) to the
contrary, on lands zoned AG-8 the minimum lot area for residential
use shall be 0.61 hectares (1.5 acres).
(ix) AG-9, 201 Sand Bay Road, Assessment Roll No. 812-040-15604
(By-Law 17-010, Application Z-2017-02)
Notwithstanding anything contained in section 10.1(b) to the
contrary, on lands zoned AG-9 the minimum lot area for residential
use shall be 0.69 hectares (1.7 acres) and the minimum lot frontage
shall be 50 metres (164 feet).
(x) AG-10(h), Vacant, Assessment Roll No. 812-030-06100 (By-Law
17-019, Application Z-2017-04) – See By-Law for Conditions of
the removal of the holding.
On lands zoned AG-10(h) development shall be permitted on a lot
that accesses an improved street under agreement with the
municipality across an unimproved street. The front lot line shall be
deemed the lot line dividing the lot from the unimproved street. The
Township shall have no obligation to assume the unimproved street
as an improved street to provide road maintenance or to guarantee
emergency vehicle access.
SECTION 10 AGRICULTURAL ZONE
157
(xi) AG-11, Concession 2, Lot 1, Assessment Roll No. 812-030-
04701 (By-law 13-041, Application ZB04/13)
Notwithstanding anything contained in Section 10.1(a) and 10.2(a) of
this By-Law to the contrary, on the lands identified as AG-5, the
following uses shall be prohibited:
i. Single Detached Dwelling
ii. Underground Dwelling
iii. Seasonal Worker Accommodations
iv. Mobile Home
Notwithstanding anything contained in Section 10.2(b) of this By-law
to the contrary, for the lands identified as AG-5, the minimum
frontage shall be 17.7m (58 ft).
(xii) AG-12, 156 Sand Bay Road, Assessment Roll No. 812-040-09300
(By-law 21-008, Application Z-2021-005)
Notwithstanding anything contained in this By-law to the contrary, a
Dwelling and all Dwelling types defined under Section 2.56 shall not
be permitted on lands zoned AG-12.
10.2 Additional Provisions for Agricultural Zones
(a) Farm Building and Manure Storage Location
No building or structure which is used to house animals or fowl, no feed lot
area and no manure storage area shall be permitted within a minimum
distance separation as determined by the MDS II formula but in no case,
shall be closer than 30.0 metres (98.43 ft.) to any lot line.
Notwithstanding, this policy shall not apply to buildings or structures less
than 10 square metres in floor area.
(b) Cemeteries
Cemeteries shall not be governed by the foregoing standards but shall
conform with the requirements of the Cemeteries Act.
(c) Wayside Pit or Wayside Quarry
The requirements of the Aggregate Resources Act shall apply to any
wayside pit or wayside quarry.
SECTION 10 AGRICULTURAL ZONE
158
(d) Open Storage
Open Storage shall be permitted in accordance with the provisions of
Section 3.24 of this By-law.
(e) Other General Provisions
Other general provisions shall be in accordance with the provisions of
Section 3 of this By-law.
159
SECTION 11
RURAL ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Rural Zone except in accordance with the provisions of this Section and any
other relevant Sections of this By-law.
11.1 Rural (RU) Zone
(a) Permitted Uses:
- accessory dwelling;
- agricultural use;
- cannabis production and processing;
- cemetery;
- conservation use;
- duplex dwelling;
- group home
- kennel
- marine facility
- on-farm agriculture related use
- on-farm diversified use
- place of worship
- recreation facility
- semi-detached dwelling
- seasonal worker accommodation
- single detached dwelling
- trail system
- underground dwelling
- veterinary establishment
- wayside pit and quarry
(b) Zone Requirements:
(i) Single Detached Dwelling,
Lot Area (minimum)
Waterfront 1.0 ha (2.5 acres)
Non-Waterfront 6000 m2 (1.5 acres)
Lot Frontage (minimum)
Waterfront 60.0 m (196.85 ft.)
Non-Waterfront 45.0 m (147.64)
SECTION 11 RURAL ZONE
160
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 10 %
Dwelling Units per lot (maximum) 1
(ii) Duplex dwelling, semi-detached dwelling:
Lot Area (minimum)
Waterfront Not permitted
Non-Waterfront 6000 m2 (1.5 acres)
Lot Frontage (minimum)
Waterfront Not permitted
Non-Waterfront 45.0 m (147.64)
Yard Requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 7.5 m (24.61 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 3.0 m (9.84 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 10 %
Dwelling Units per lot (maximum) 2
(iii) Conservation Use, Forestry Use, Riding Stable, Agricultural Use:
Lot Area (minimum)
Conservation Use, Forestry Use 4.0 ha (9.88 acres)
Riding Stable, Agricultural Use 2.0 ha (4.94 acres)
Lot Frontage (minimum) 100.0 m (328.08 sq. ft.)
Yard Requirements (minimum)
Front 15.0 m (49.21 ft.)
Rear 15.0 m (49.21 ft.)
Exterior Side 15.0 m (49.21 ft.)
Interior Side 6.0 m (19.68 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 5%
Accessory Dwelling Units per Lot (maximum) 1
(iv) Wayside pit, wayside quarry:
Yard Requirements (minimum)
Front 12.0 m (39.37 ft.)
Rear 12.0 m (39.37 ft.)
SECTION 11 RURAL ZONE
161
Exterior Side 12.0 m (39.37 ft.)
Interior Side 6.0 m (19.68 ft.)
(v) Other Uses:
Lot Area (minimum) 6000 m2 (1.5 acres)
Lot Frontage (minimum) 45.0 m (147.64 ft.)
Yard requirements (minimum)
Front 7.5 m (24.61 ft.)
Rear 10.5 m (34.45 ft.)
Exterior Side 7.5 m (24.61 ft.)
Interior Side 6.0 m (19.68 ft.)
Building Height (maximum) 12.0 m (39.37 ft.)
Lot Coverage (maximum) 10%
Dwelling Units per Lot (maximum)
Accessory dwelling 1
Duplex or semi-detached 2
(c) Special Exceptions:
(i) RU-1
On the lands zoned RU-1, only the following buildings shall be
permitted.
- single detached dwelling with a maximum ground floor area of
125 m2 (1346 sq. ft.);
- frame garage with a maximum ground floor area of 40 m2 (431
sq. ft.);
- frame garage with a maximum ground floor area of 30 m2 (323
sq. ft.).
(ii) RU-2
On the lands zoned RU-2, only the following buildings shall be
permitted:
- single detached dwelling with a maximum ground floor area of
157.0 m2 (1690 sq. ft.);
- frame shed with a maximum ground floor area of 63.0 m2 (678
sq. ft.) which may be located a minimum of 0.6 m (2ft.) from the
westerly side lot line;
- frame shed with a maximum ground floor area of 18.0 m2 (194
sq. ft.).
SECTION 11 RURAL ZONE
162
(iii) RU-3
On the lands zoned RU-3, an antique store shall also be permitted.
(iv) RU-4
On the lands zoned RU-4, an airport shall be permitted along with
buildings and structures accessory thereto. The zone requirements
set out in Section 11.1 shall apply.
(v) RU-5
On the lands zoned RU-5, the minimum lot area shall be 11.0 ha
(27.18 acres).
(vi) RU-6
On the lands zoned RU-6, the minimum lot area shall be 12.0 ha
(29.65 acres).
(vii) RU-7, Assessment Roll No. 812-010-09000, 812-010-09100
On lands zoned RU-7, the minimum lot area for an agricultural use
shall be 8.5 ha (21 acres).
(viii) RU-8
On the lands zoned RU-8, the following zone requirements shall
apply:
Lot Area (minimum) 4.0 ha (9.88 acres)
Lot Frontage (minimum) 95.0 m (311.68 ft.)
Yard Requirements for Agricultural
Buildings (minimum)
Front 70.0 m (229.66 ft.)
Rear 320.0 m (1049.87 ft.)
Sides 30.0 m (98.43 ft.)
(ix) RU-9, Assessment Roll No. 812-040-08700, 812-010-02900
On the lands zoned RU-9, the minimum lot area shall be 5.5 ha
(13.59 acres).
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163
(x) RU-10
On the lands zoned RU-10, the minimum lot area shall be 12.5 ha
(30.89 acres).
(xi) RU-11,
On land zoned RU-11, a communications facility is permitted.
(xii) RU-12, Roll No. 816 025 14553
On the land zoned RU-12, the minimum required lot frontage shall
be 34 metres (111.5 ft.)
(xiii) RU-13, Assessment Roll No. 816-015-29603
On the land zoned RU-13, the following provisions shall apply:
- The minimum Lot area shall be 4.0 hectares (10 acres);
- The minimum water frontage shall be 100.0 metres (328 feet);
- Development of the property shall occur only in a manner and in
locations that result in the site development runoff, both
permanent and temporary, and inclusive of septic waste, being
directed away from the fore slope area of Red Horse Lake, so
that infiltration of runoff will occur in areas away from Red Horse
Lake and in back slope areas or areas that produce the same
effect as back slope areas; and
- All new structures are constructed a minimum of 30.0 metres
(98.43 ft.) from the high water mark of Red Horse Lake. Within
the 30.0 metre (98.43 ft.) setback the natural vegetation will be
maintained and enhanced.
On the part of lands zoned RU-13 (Assessment Roll No. 816-015-
29600), the following use will be prohibited: Agricultural use.
(xiv) RU-14, Assessment Roll No. 816-020-07900
On the land zoned RU-14, the following provisions shall also apply:
- Development of the property shall occur only in a manner and in
locations, that result in the site development runoff, both
permanent and temporary, and inclusive of septic waste, being
directed away from the fore slope area of Red Horse Lake as well
as Long Reach, so that infiltration of runoff will occur in areas
away from Red Horse Lake as well as Long Reach and in back
SECTION 11 RURAL ZONE
164
slope areas or areas that produce the same effect as back slope
areas;
- All new structures be constructed a minimum of 30.0 metres
(98.43 ft.) from the high water mark of Long Reach and Red
Horse Lake. Within the 30 metres (98.43 ft.) setback the natural
vegetation will be maintained and enhanced;
- An Environmental Impact Statement be completed and approved
for any development occurring within the wetland area or 120.0
metres (393.7 ft.) of the wetland boundary.
(xv) RU-15, 82 Ivy Lea Road, Assessment Roll No. 812-025-17302
On land zoned RU-15, a triplex dwelling is permitted.
(xvi) RU-16,122 Woodvale Road, Assessment Roll No. 816-015-12610
On the land zoned RU-16, the following provisions shall apply:
- A dwelling consisting of the existing floor area of approximately
27.7 m2 (299ft.2), plus the addition of 38.6m2 (416ft.2) located on
the west side of the existing dwelling; and
- Setback from the high water mark of Killenbeck Lake: 10 metres
(32.8 ft.).
(xvii) RU-17, Assessment Roll No. 816-025-28000
The lands zoned RU-17, a telecommunication tower is the only
permitted use with access from a private right-of-way.
(xviii) RU-18, Part of Lot 16, Concession 7, Township of Lansdowne,
166 Woodvale Road, Assessment Roll No. 816-015-16510
On the lands zoned RU-18, the required frontage shall be 30 metres
(98.43 ft.).
(xix) RU-19, Assessment Roll No. 816-020-26203
On lands zoned RU-19, any building or structure shall be set back a
minimum of 15 metres (49.21 ft.) from the high water mark and no
structure or building shall be erected on the subject lands with an
elevation of less than 92.9 metres (304.79 ft.). An accessory
sleeping cabin is a permitted use in addition to the single dwelling.
SECTION 11 RURAL ZONE
165
(xx) RU-20, Provision Deleted from Zoning By-law as replaced with
RS-55 (By-law 21-052)
(xxi) RU-21, Assessment Roll No. 816-015-25304
On the lands zoned RU-21, a special 23.0 metre (75.46 ft.) setback
from the high water mark shall be required in addition to all other
provisions of the Rural zone.
(xxii) RU-22, Assessment Roll No. 816-020-27000
On the lands zoned RU-22, a special minimum lot area of 2950 m2
(31754.6 sq.ft.) shall be required from the wetland boundary, in
addition to all other provisions of the Rural (RU) zone.
(xxiii) RU-23, Assessment Roll No. 816-020-31105, 816-020-31106, 816-
02031107, 816-020-31108, 816-020-31109
On the lands zoned RU-23, a special minimum lot area of 0.8 ha
(1.98 acres), plus a special 30.0 m (98.43 ft.) setback from the
wetland boundary shall be required, in addition to all other provisions
of the Rural (RU) zone. Further, openings in buildings shall not be
erected below 93.2 metres (305.77 ft.) geodetic elevation.
(xxiv) RU-24
On the lands zoned RU-24, the permitted uses shall be:
- single detached dwelling
- forestry use.
(xxv) RU-25, Assessment Roll No. 816-010-06639
On lands zoned RU-25, all openings into any building or structure
shall be at a minimum elevation of 86.4 metres (283.46 ft.) geodetic.
The water setback for the existing shed shall be 3.7 metres (12.14
ft.) and the setback from the private right-of-way for the existing privy
shall be 4.3 metres (14.10 ft.). An accessory sleeping cabin is a
permitted use in addition to the single dwelling.
(xxvi) RU-26, Assessment Roll No. 816-015-09200
On lands zoned RU-26, no openings in any building or structure shall
be at an elevation of less than 86.4 metres (283.46 ft.) geodetic.
SECTION 11 RURAL ZONE
166
(xxvii) RU-27, Assessment Roll No. 812-040-09200
On the land zoned RU-27, the minimum lot area shall be 7.0 ha
(17.3 acres).
(xxviii) RU-28, No longer applicable for 812-010-10700 with the passing
of By-Law 21-028 Application Z-2021-008)
(xxix) RU-29, Assessment Roll No. 812-040-12006
On the land zoned RU-29, no dwelling shall be permitted and no
livestock barn or manure storage shall be permitted within 180 m
(590.55 ft.) of any dwelling. The existing pole barn shall only be used
for the storage of feed and equipment.
(xxx) RU-30, Assessment Roll No. 812-020-06506
On the land zoned RU-30, the minimum Lot Frontage shall be 9.0 m
(29.53 ft.).
(xxxi) RU-31, Assessment Roll No. 812-020-27602
On the land zoned RU-31, a Garden Suite defined as a one-unit
detached residential structure containing bathroom and kitchen
facilities that is ancillary to an existing residential structure and that is
designed to be portable and having a maximum floor area of 110 m2
(1184.07 sq. ft.) shall be permitted for a period up to ten years from
the date of passing of this By-law.
(xxxii) RU-32
On the lands zoned RU-32, the minimum lot area shall be 10.0 ha
(24.71 acres).
(xxxiii) RU-33, Assessment Roll No. 816-015-12419, 816-015-12411
On the lands zoned RU-33, a special 30.0 m (98.4 ft.) setback shall
be required from the wetland boundary, in addition to all other
provisions of the Rural (RU) zone.
(xxxiv) RU-34, 137 Lyndhurst Rd, Assessment Roll No. 816-030-02300
(By-Law 08-031, Application ZB03/08)
Notwithstanding any provision of subsection 11.1 a) of this By-law to
the contrary, on the lands identified as Rural, Special Exception
Thirty-Four (RU-34), a residential dwelling is not permitted.
SECTION 11 RURAL ZONE
167
(xxxv) RU-35, 514 1000 Islands Parkway, Assessment Roll No. 812-025-
14700 (By-Law 09-056, Application ZB06-09)
On the lands zoned RU-35, in addition to all of the permitted uses in
the Rural Zone, a private lane and an entrance accessing the KOA
campground along with associated signage shall be permitted. All
structures on the residential lots shall be located on the north side of
the existing private right-of-way that provides access to the KOA
campground.
(xxxvi) RU-36, Pt Lots 3/4, Conc 10, Assessment Roll No. 816-020-23010
& 816-020-23275 (By-law 12-005, Application ZB10/10)
a) The lands identified with shaded tone and serrated edges on
Schedule “A” to this By-Law be zoned “RU-35”;
b) That the setback from the high water mark for the lands to be
zoned RU-36 be 40 metres;
c) That for the lands described as Parts 8, 9 & 10 in Plan of
Survey 28R-13299 and Parts 3 & 6 in Plan of Survey 28R-
12934, the holding ‘h’ provision in place on the subject lands
adjacent to the PSW Zone be lifted; and
d) That Schedule “C” to By-law No. 07-079 is amended in
accordance with the provisions of this By-law.
(xxxvii) RU-37, 271 Fitzsimmons Road, Assessment Roll No. 812-025-
14850 (By-law 13-049, Application ZB07/13)
Notwithstanding anything contained in Section 11.1(a), permitted
uses, on the lands identified as RU-37, the following additional use
shall be permitted:
i. Boat storage
(xxxviii) RU-38, 956 Eden Grove Road, Assessment Roll No. 812-030-
05802, 807 Kyes Road (parcel west of Kyes Road) from Roll
No. 812-035-03500 (By-law 15-030, Application ZB02/15)
On lands zoned RU-38, a landscaping business shall be
permitted which includes open storage and staging area of
materials but shall exclude chipping and composting of materials.
SECTION 11 RURAL ZONE
168
(xxxix) RU-39, Retained Lands from 181 Tower Road, Assessment
Roll Number to be assigned from Consent Application B-49-
16 (By-law 17-009, Application Z-2017-001)
Notwithstanding anything contained in section 11.1(a) to the
contrary, on lands zoned RU-39 residential uses of any type shall
be prohibited.
(xl) RU-40, 41 Steacy Road, Assessment Roll No. 812-030-06505
(By-law 17-044, Application Z-2017-08)
On lands, zoned RU-40, a conference centre (also referred to as a
multi-use event venue) is permitted subject to the following:
(a) The business shall be conducted by the permanent residents
of the dwelling on the lot.
(b) Interior Side Yard Setback (minimum) – 12 m (39.4 ft)
including a 3 m (9.8 ft) area of landscaped open space.
Interior Side Yard Setback (minimum) for the west side lot
line for the existing barn at 41 Steacy Rd – 8.1 m (26.6 ft)
including a 3 m (9.8 ft) area of landscaped open space.
(c) Rear Yard Setback (minimum) – 15 m including a 3 m area
of landscaped open space.
(d) Site plan approval.
(xli) RU-41, 4682 County Rd 2, Assessment Roll No. 812-015-03301
(By-law 18-067, Application Z-2018-08)
Notwithstanding the provisions and permitted uses of the Rural
zone, a Sleeping Cabin will be an additional permitted use on lands
zoned RU-41.
(xlii) RU-42, (Severed Parcel of 547 Dulcemaine Rd with Frontage on
Sand Bay Road), Assessment Roll No. 812-040-08000 (By-Law
19-036, Application Z-2019-008)
On lands zoned RU-42, residential development will be
prohibited.
(xliii) RU-43, 1995 Outlet Road, Assessment Roll No. 812-040-04200
(By-Law 19-045, Application Z-2019-010)
Notwithstanding section 11.1(a), on lands zoned RU-43, a
grain elevator shall be a permitted use on the subject lands.
SECTION 11 RURAL ZONE
169
(xliv) RU-44, 596 Lyndhurst Rd, Assessment Roll No. 816-025-27700
(By-Law 20-013, Application Z-2019-006)
On lands zoned RU-44 a Multi-Use Event Venue is permitted subject
to the following:
i. A Multi- Use Event Venue shall mean a location where events
are held, including but not limited to weddings, parties,
meetings, family reunions, and corporate events. The event
locations can include, but not be limited to, tents, gazebos,
barns and open areas;
ii. The maximum capacity shall be 250 persons; and
iii. Overnight accommodation associated with the Multi-Use Event
Venue shall be prohibited.
(xlv) RU-45, 90 Thomas Rd, Assessment Roll No. 816-030-07200
(By-law 20-040, Application Z-2020-003)
On the lands zoned RU-45 there shall be no separation distance
requirement between a residential use and any land zoned Mineral
Resource Bedrock exception 1 (MRB-1).
(xlvi) RU-46, 161 Thomas Road, Assessment Roll No. 816-030-11102
(By-law 21-012, Application Z-2021-006)
On the lands zoned RU-46 the following separation distance
requirements shall apply for the development of a residential use on
the subject property:
- From a Mineral Resource, Bedrock (MRB) Zone 20 metres
- From a Mineral Resource, Quarry (MRQ) Zone 140 metres
(xlvii) RU-47, 560 Junetown Road, Assessment Roll No. 809-020-
06600 (By-law 21-011, Application Z-2021-004)
Notwithstanding the provisions of this by-law to the contrary, on the
lands designated RU-47 on Schedule ‘A’ to this by-law the following
provisions shall apply:
i. In addition to the uses permitted in the Rural Zone, an
Accessory Building Construction Facility shall be permitted.
ii. For the purpose of the RU-47 the following definition shall
apply:
a) Accessory Building Construction Facility shall
mean a premises used for the construction and
prefabrication of small buildings and accessory
buildings which are produced for sale. This may
SECTION 11 RURAL ZONE
170
include the on-site sale of finished product. This
definition does not include an Industrial Use or
Manufacturing Industry otherwise defined herein.
iii. Notwithstanding Section 3.25(f)(i), on lands zoned Rural
Special Exception 47 (RU-47) the maximum driveway width
shall be 15.24 metres.
(xlviii) RU-48, 3388 County Rd 3, Assessment Roll Number 08-12-816-
015-24902-0000 (By-law 21-072, Application Z-2021-016)
Notwithstanding the provisions of this by-law to the contrary, on the
lands designated ‘RU-48’ on Schedule ‘A’ to this by-law the following
provisions shall apply:
i. In addition to the uses permitted in the Rural Zone, a home-
based business and habitable room shall be permitted in an
accessory structure.
ii. Notwithstanding Section 3.31(b), on lands zoned Rural
Special Exception 48 (RU-48) the minimum waterbody
setback for an addition to the existing dwelling shall be 20
metres.
(xlix) RU-49, 2092 Blue Mountain Road, Assessment Roll Number
08-12-812-040-12008 (By-law 22-008, Application D14-2022-001)
Notwithstanding the provisions of this by-law to the contrary, on the
lands designated ‘RU-49’ on Schedule ‘A’ to this by-law the following
provisions shall apply:
i. The maximum setback of any structure on the property from
Blue Mountain Road shall be 70m.
(l) RU-50, Lekx Road, Assessment Roll Number 08-12-812-020-
28800 (By-Law 22-025, Application D14-2022-002)
Notwithstanding the provisions of this by-law to the contrary, on the
lands designated ‘RU-50’ on Schedule ‘A’ to this by-law the following
provisions shall apply:
i. The maximum setback of any building or structure on the
property from the front lot line shall be 58.7 metres.
ii. The minimum setback of any building or structure on the
property from the front lot line shall be 7.5 metres.
iii. The minimum setback of any building or structure on the
property from the west interior side lot line shall be 389.7
metres.
SECTION 11 RURAL ZONE
171
iv. The minimum setback of any building or structure on the
property from the east interior side lot line shall be 156.5
metres.
(li) RU-51, Lekx Road, Assessment Roll Number 08-12-812-020-
28802 (By-Law 22-025, Application D14-2022-002)
Notwithstanding the provisions of this by-law to the contrary, on the
lands designated ‘RU-51’ on Schedule ‘A’ to this by-law the following
provisions shall apply:
i. The maximum setback of any building or structure on the
property from the front lot line shall be 65.3 metres.
ii. The minimum setback of any building or structure on the
property from the front lot line shall be 14.3 metres
iii. The minimum setback of any building or structure on the
property from the west interior side lot line shall be 12.2
metres.
iv. The minimum setback of any building or structure on the
property from the east interior side lot line shall be 58.8
metres.
(lii) RU-52, 549 Station Road, Assessment Roll Number 08-12-812-
020-26500 (By-Law 22-031, Application D14-2022-004)
Notwithstanding the provisions of this by-law to the contrary, on the
lands designated ‘RU-51’ on Schedule ‘A’ to this by-law, a
Contractor’s Shop or Yard shall be permitted as an additional
permitted uses in the RU zone.
The following provisions shall apply to a Contractor’s Shop or Yard
in the RU-52 zone:
Minimum Front Yard 175 metres
Minimum Rear Yard 10.5 metres
Minimum Interior Side Yard 6 metres
11.2 Additional Provisions for Rural Zones
(a) Rural Home-Based Business
A Rural Home-Based Business shall be permitted in the Rural (RU) Zone
provided that such use conforms with Section 3.12.
SECTION 11 RURAL ZONE
172
(b) Wayside Quarries
Notwithstanding any provision of this By-law, no wayside quarry shall be
permitted within the separation distances established in Section 3.30.
(c) Cemeteries
Notwithstanding the provisions of Section 11.1, cemeteries shall conform
with the provisions of the Cemeteries Act.
(d) Other General Provisions
Other general provisions shall be in accordance with Section 3 of this By-
law.
173
SECTION 12
MINERAL RESOURCE ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Mineral Resource Zone except in accordance with the provisions of this
Section and of any other relevant Sections of this By-law.
12.1 Mineral Resource, Pit (MRP) Zone
(a) Permitted Uses:
- agricultural use;
- conservation use;
- crushing and processing operations;
- forestry use;
- pit;
- wayside pit or wayside quarry.
(b) Zone Requirements:
Yard Requirements (minimum)
All Yards 30.0 m (98.43 ft.)
Agricultural Use, Conservation Use, Forestry Use
In accordance with the provisions for the Rural (RU) zone.
(c) Special Exceptions:
(i) MRP-1, Assessment Roll No. 816-020-10103, 816-020-10400, 816-
03008100
On lands zoned MRP-1 the minimum separation distance between the
existing residential dwellings and the pit shall be 100.0 metres (328.08
ft.).
(ii) MRP-2, Assessment Roll No. 816-030-01600
On the lands zoned MRP-2, the minimum separation distance
between the existing residential dwellings and the pit shall be 70.0
metres (229.66 ft.).
SECTION 12 MINERAL RESOURCE ZONES
174
12.2 Mineral Resource, Quarry (MRQ) Zone
(a) Permitted Uses:
- agricultural use;
- conservation use;
- crushing and processing operations;
- forestry use;
- pit;
- quarry;
- wayside pit or wayside quarry.
(b) Zone Requirements:
Yard Requirements (minimum)
All Yards 30.0 m (98.43 ft.)
Agricultural Use, Conservation Use, Forestry Use
In accordance with the provisions for the Rural (RU) zone.
(c) Special Exceptions:
(i) MRQ-1, Assessment Roll No. 812-010-19500
On the lands zoned MRQ-1, a quarry shall be limited to a Class B
Quarry above water extracting a maximum of 20,000 tonnes
annually.
12.3 Mineral Resource, Wollastonite (MRW) Zone
(a) Permitted Uses:
- agricultural use;
- conservation use;
- crushing and processing operations;
- forestry use;
- pit;
- quarry;
- wayside pit or quarry.
(b) Zone Requirements:
Yard Requirements (minimum)
All Yards 30.0 m (98.43 ft.)
Agricultural Use, Conservation Use, Forestry Use
In accordance with the provisions for the Rural (RU) zone.
SECTION 12 MINERAL RESOURCE ZONES
175
(c) Special Exceptions:
(i) MRW-1, Assessment Roll No. 816-010-06700 (By-Law 12-059,
Application ZB04/07, Amended by 13-020 ZB02/13)
Within the MRW-1 zone no person shall use any lot or erect, alter or
use any building or structure except as specified hereunder.
Uses Permitted
a) Residential Uses
Prohibited
b) Non-Residential Uses
Agriculture;
Stockpiling;
Conservation, forestry and reforestation;
Outside storage associated with mineral extraction and processing;
Public use in accordance with the General Provisions of this By-Law;
Processing plant for the crushing, screening and processing of
materials;
Quarry for extraction of Wollastonite and ancillary minerals;
Wayside quarry.
c) Accessory Use
Uses, buildings and structures accessory to any of the permitted
uses in accordance with the General Provisions of this by-law.
Regulatory Provisions
Lot Frontage (minimum) …………………...………………………. 0
metres
Lot Area (minimum) …………There shall be no minimum lot area
Yards (minimum)
i. Front (yard nearest Highway 15) …………………………… 15 metres
ii. Interior Side ……… 15 metres except where the yard abuts land
zoned for mineral extraction or rural industrial
uses, in which case the side yard shall be 0
metres.
iii. Rear …….….….………………………………………………. 15 metres
Distance Separation (minimum)
i. No building or plant, including screening, or washing or any stockpiling
operation associated therewith, shall be located on the property within
SECTION 12 MINERAL RESOURCE ZONES
176
30 metres of the boundary of the property or within 100 metres of a
dwelling house or dwelling unit or area zoned solely for residential
purposes where such lands are held under distinct and separate
ownership.
ii. That part of the operation involving the extraction of Wollastonite or
ancillary minerals shall be prohibited within 100 metres of a dwelling
or dwelling unit or area zoned solely for residential purposes where
such lands are held under distinct ownership.
Setback from Street Centreline
In accordance with the General Provisions of the By-Law.
Planting Strip
In accordance with an accepting Closure Plan under the Mining
Act and, if required, an approved site plan.
Fencing
In accordance with an accepted Closure Plan under the Mining
Act and, if required, an approved site plan.
d) THAT the Holding (H) symbol will be removed in accordance with the
provisions of Section 36 of the Planning Act once the Director, under
the Mining Act, has accepted the Closure Plan. (Holding (h)
Removed – By-Law 13-020, Zoning By-Law Application ZB02/13)
12.4 Mineral Resource, Bedrock (MRB) Zone
(a) Permitted Uses:
- agricultural use,
- excluding buildings;
- conservation use, excluding buildings;
- forestry use, excluding buildings;
- greenhouse, commercial;
- park, excluding buildings;
- passive outdoor recreation;
- recreational facility;
- riding stable;
- trail system;
- wayside pit or quarry.
(b) Zone Requirements:
None
SECTION 12 MINERAL RESOURCE ZONES
177
(c) Special Exceptions:
(i) MRB-1, 90 Thomas Rd, Assessment Roll No. 816-030-07200
(Original By-law 09-051, Application ZB05/09 – Repealed and
Replaced with By-Law 20-040, Application Z-2020-003)
On the lands zone MRB-1 the following provisions shall apply:
i. Buildings for agricultural use shall be permitted in accordance
with the provisions of the Rural (RU) Zone, Section 11.1 (b) this
By-Law.
ii. No separation distance is required between the lands zoned
MRB-1 and RU-45.
12.5 Mineral Resource, Aggregate (MRA) Zone
(a) Permitted Uses:
- agricultural use,
- excluding buildings;
- conservation use, excluding buildings;
- forestry use, excluding buildings;
- park, excluding buildings;
- passive outdoor recreation;
- wayside pit or quarry.
(b) Zone Requirements:
None
12.6 Additional Provisions for Mineral Resource Zones
(a) Other General Provisions
Accessory uses and other general provisions shall be in accordance with
Section 3 of this By-law.
178
SECTION 13
WRECKING YARD ZONE
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Wrecking Yard Zone except in accordance with the provisions of this Section
and any other relevant Sections of this By-law.
13.1 Wrecking Yard (WY) Zone
(a) Permitted Uses:
- accessory dwelling;
- agricultural use;
- conservation use;
- forestry use;
- wrecking yard.
(b) Zone Requirements:
Lot Area (minimum) 2.0 ha (4.94 acres)
Lot Frontage (minimum) 60.0 m (196.85 ft.)
Yard Requirements (minimum)
All yards 9.0 m (29.53 ft.)
Accessory Dwelling Units per Lot (maximum) 1
13.2 Additional Provisions for Wrecking Yard Zones
(a) Other General Provisions
Other general provisions shall be in accordance with Section 3 of this By-
law.
179
SECTION 14
WASTE MANAGEMENT ZONES
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Waste Management Zone except in accordance with the provisions of this
Section and any other relevant Sections of this By-law.
14.1 Waste Management (WM) Zone
(a) Permitted Uses:
- agricultural use;
- conservation use;
- forestry use;
- waste management facility, including transfer station and/or disposal
site;
- wayside pit or wayside quarry.
(b) Zone Requirements:
Lot Area (minimum) 1 ha (2.5 acres)
Yard Requirements (minimum)
All Yards 9.0 m (29.53 ft.)
(c) Special Exceptions:
(i) WM-1, 227 Escott-Rockport Road, Assessment Roll No. 809 010
32075 (By-law 10-007, Application ZB11/09)
Notwithstanding any provision of subsection 14.1 a) of this By-law
to the contrary on the lands identified as Waste Management,
Special Exception One (WM-1), a communications facility is a
permitted use.
14.2 Additional Provisions for Waste Management Zones
(a) Other General Provisions
Other general provisions shall be in accordance with Section 3 of this By-
law.
180
SECTION 15
SEWAGE DISPOSAL ZONE
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Sewage Disposal Zone except in accordance with the provisions of this
Section and any other relevant Sections of this By-law.
15.1 Sewage Disposal (SD) Zone
(a) Permitted Uses:
- agricultural use;
- conservation use;
- forestry use;
- sewage disposal site and/or treatment plant.
(b) Zone Requirements:
Yard Requirements (minimum)
All Yards 9.0 m (29.52 ft.)
15.2 Additional Provisions for Sewage Disposal Zones
(a) Other General Provisions
Other general provisions shall be in accordance with Section 3 of this By-
law.
181
SECTION 16
FLOOD PLAIN ZONE
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Flood Plain Zone except in accordance with the provisions of this Section and
of any other relevant Section of this By-law.
16.1 Flood Plain (FP) Zone
(a) Permitted Uses:
- conservation use, excluding buildings;
- agricultural use, excluding buildings;
- forestry use, excluding buildings;
- marine facility;
- parks, excluding buildings;
- passive outdoor recreation, excluding buildings;
- uses accessory to a residential use located on the same lot, excluding
buildings.
(b) Zone Requirements:
No site alteration shall occur and no building or structure shall be erected,
altered or used except with the written approval of the relevant Conservation
Authority pursuant to its Section 28 Regulation.
(c) Special Exceptions
(i) FP-1, County Rd No. 32, Assessment Roll No. 812-010-23500
and 812-010-23701
On the lands identified as FP-1, a residential dwelling shall be
permitted.
(ii) FP-2, 844 Cottage Lane, Grippen Lake, Roll No. 816 030 09500
(By-law 09-065, Application ZB09/09)
Notwithstanding any provision of subsection 16.1 of this By-law to
the contrary, on the lands identified as FP-2, a 23.8 m2 cabin shall
be permitted.
(iii) FP-3, 51, 53 and 55 Front St, Assessment Roll Nos. 809-010-
28600, 809-010-28900, 809-010-28500 (By-Law 22-058,
Application Z-2019-005)
SECTION 16 FLOOD PLAIN ZONE
182
On the lands zoned FP-3, the following provisions shall apply:
a) Permitted Uses
In addition to the uses permitted in the Flood Plain (FP) zone
the following additional uses are permitted:
- Existing boardwalks and landscaping
- Interior and exterior boat display and event areas, excluding
new buildings and structures
- Existing buildings, covered slips and storage sheds
- Existing fuel systems and pumps including waste pump-out
systems and sale of same
- Marina including dockage, launching and hauling of boats,
boat sales, retail sales, café and storage; excluding new
buildings and structures
- Existing customer laundry, fitness center, showrooms,
washrooms, showers and lounges
- Existing parking Lots, walkways and outdoor amenities
including swimming pool, hot tubs and patios
- Existing stairs, retaining walls, boat launches and shore walls
- Existing underground servicing (storm, sanitary, hydro, bell,
sewage storage and plant)
- Domestic wells
b) Notwithstanding the provisions of Section 16.2 of this By-Law,
the following additional provisions shall apply to the FP-3 zone:
Maintenance, repair and upkeep in the FP-3 zone shall be
permitted.
16.2 Additional Provisions for Flood Plain Zones
(a) Other General Provisions
Accessory uses and other general provisions shall be in accordance with
Section 3 of this By-law.
183
SECTION 17
ENVIRONMENTAL PROTECTION ZONE
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in an Environmental Protection Zone except in accordance with the provisions
of this Section and of any other relevant Sections of this By-law.
17.1 Environmental Protection (EP) Zone
(a) Permitted Uses:
- conservation use, excluding buildings;
- marine facility.
(b) Crown Beds of Water bodies:
All Crown beds of waterbodies up to the high water mark are zoned
Environmental Protection unless specifically shown otherwise on the
attached Schedules.
(c) Special Exceptions:
(i) EP-1, Bay of St. Lawrence Subdivision
On the land zoned EP-1, a private docking facility providing a
maximum of 28 boat slips shall be permitted
(ii) EP-2, Crown lands adjacent to Goose Island, Adjacent to Roll
No. 809-010-07700
The land zoned EP-2 shall only be used for a floating dock with a
maximum size of 54 square metres.
(iii) EP-3, 417 1000 Islands Parkway, Assessment Roll No. 812-025-
09800 (OMB Case No. PL080443, Application ZB10/06)
Notwithstanding the permitted uses of Section 6.3 (a), in the EP
Zone, the only permitted uses shall be boat docking slips as they
existed on December 2006.
(iv) EP-4, 158 Days Road, Assessment Roll No. 812-020-05300 and
81-020-05400 (By-Law 19-054, Application Z-2019-013)
Notwithstanding Section 3.18, on lands zoned EP-4:
SECTION 17 ENVIRONMENTAL PROTECTION ZONE
184
- The maximum area of marine facilities shall be 183.93 square
metres
- The setback from the projection of the west interior side lot line
shall be 1.15 metres.
- The marine facility shall have a maximum height of 6m and
limited to 1 storey.
Notwithstanding Section 17.1(a), on lands zoned EP-4,
- A 95.87 square metre deck on top of the roof of the boathouse
shall be an additional permitted in the EP zone.
- No additional structures shall be permitted on top of the deck.
(v) EP-5, 129 Benson Park Road, Assessment Roll No. 812-025-
33404 (By-Law 21-058, Application Z-2021-014)
Notwithstanding the provisions of Section 3 or 17 to the contrary,
on lands zoned EP-5 the following provisions shall apply:
a) The maximum area of marine facilities shall be 294 square
metres
b) The maximum combined width of marine facilities shall be 19m
c) The marine facility shall have a maximum height of 6m and
limited to 1 storey
d) A 163 square metre deck on top of the roof of the marine facility
shall be permitted
e) No structures shall be permitted on top of the deck including
gazeboes and shade structures.
(vi) EP-6, 311 Stratford Road, Assessment Roll No. 812-025-32100
(By-Law 22-017, Application Z-2021-017)
Notwithstanding the provisions of Section 3 or 17 to the contrary,
on lands zoned EP-6 the following provisions shall apply:
a) The maximum area of marine facilities shall be 214.2 square
metres
b) The maximum combined width of marine facilities shall be
17.75m
c) The marine facility shall have a maximum height of 6m and
limited to 1 storey. Roof top guards/railings are exempt from the
maximum height requirement
d) A 144.9 square metre deck on top of the roof of the marine
facility shall be permitted.
SECTION 17 ENVIRONMENTAL PROTECTION ZONE
185
17.2 Additional Provisions for Environmental Protection Zones
(a) Other General Provisions
Accessory uses and other general provisions shall be in accordance with
Section 3 of this By-law.
186
SECTION 18
PROVINCIALLY SIGNIFICANT WETLAND ZONE
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Provincially Significant Wetland Zone except in accordance with the
provisions of this Section and any other relevant Sections of this By-law.
18.1 Provincially Significant Wetland (PSW) Zone
(a) Permitted Uses:
- conservation use, excluding buildings;
- passive outdoor recreation.
(b) Zone Requirements:
None.
18.2 Additional Provisions for Provincially Significant Wetland Zones
(a) Other General Provisions
Other general provisions shall be in accordance with Section 3 of this By-
law.
187
SECTION 19
LOCALLY SIGNIFICANT WETLAND ZONE
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Locally Significant Wetland Zone except in accordance with the provisions
of this Section and of any other relevant Sections of this By-law.
19.1 Locally Significant Wetland (LSW) Zone
(a) Permitted Uses:
- conservation use, excluding buildings;
- forestry use, excluding buildings;
- passive outdoor recreation;
- marine facility if justified by an EIS approved by the Township in
consultation with the Conservation Authority and/or technical
agencies as required.
(b) Zone Requirements:
None.
19.2 Additional Provisions for Locally Significant Wetland Zones
(a) Marine Facilities
Marine facilities shall be in accordance with Section 3.17 and shall be
approved by the Cataraqui Region Conservation Authority.
(b) Other General Provisions
Other general provisions shall be in accordance with Section 3 of this By-
law.
188
SECTION 20
AREA OF NATURAL AND SCIENTIFIC INTEREST ZONE
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in an Area of Natural and Scientific Interest Zone except in accordance with
the provisions of this Section and any other relevant Sections of this By-law.
20.1 Areas of Natural and Scientific Interest (ANSI) Zone
(a) Permitted Uses:
- conservation use, excluding buildings;
- forestry use, excluding buildings;
- passive outdoor recreation.
(b) Zone Requirements:
None.
(c) Special Exceptions
(i) ANSI-1, Vacant Land – CON 1 PT LOT 16 RP28R10096; PART 1
RP 28R6401 PART 1, Assessment Roll No. 812-025-14903 (By-
Law 21-029, Application Z-2021-009)
Notwithstanding the provisions of this by-law to the contrary, on lands
zoned ANSI-1 a single detached dwelling and accessory buildings and
structures shall be permitted.
Development in the ANSI-1 zone shall be in accordance with the
following provisions:
i. Yard Requirements
Front 7.5 m (24.61 ft)
Rear 7.5 m (24.61 ft)
Exterior Side 7.5 m (24.61 ft)
Interior Side 3.0 m (9.84 ft)
Building Height (maximum 12.0 m (39.37 ft)
Lot Coverage (maximum) 10%
Dwelling Units per lot (maximum) 1
ii. Accessory buildings and structures in accordance with Section 3.1.
SECTION 20 AREA OF NATURAL AND SCIENTIFIC INTEREST ZONE
189
(ii) ANSI-2, Fitzsimmons Road Con 1 PT LOT 16, Assessment Roll
No. 812-025-14801 (By-Law 22-051, Application D14-2022-007)
(Note: Severed Parcel from Consent Application B-19-21,
subject to new roll number)
Notwithstanding the provisions of this by-law to the contrary, on lands
zoned ANSI-2 a single detached dwelling and accessory buildings and
structures shall be permitted.
Development in the ANSI-2 zone shall be in accordance with the
following provisions:
i. Yard Requirements
Front 7.5 m (24.61 ft)
Rear 7.5 m (24.61 ft)
Interior Side 3.0 m (9.84 ft)
Building Height (maximum 12.0 m (39.37 ft)
Lot Coverage (maximum) 10%
Dwelling Units per lot (maximum) 1
20.2 Additional Provisions for Area of Natural and Scientific Interest Zones
(a) Other General Provisions
Other general provisions shall be in accordance with Section 3 of this By-
law.
190
SECTION 21
SPECIES AT RISK ZONE
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Species at Risk Zone except in accordance with the provisions of this
Section and any other relevant Sections of this By-law.
21.1 Species at Risk (SR) Zone
(a) Permitted Uses:
- conservation use, excluding buildings;
- passive outdoor recreation.
(b) Zone Requirements:
None.
(c) Special Exceptions:
(i) SR-1, Bald Eagle Habitat
Development shall be prohibited within 200.0 metres (656.17 ft.) of
lands designated a Bald Eagle Habitat.
21.2 Additional Provisions for Species at Risk Zones
(a) Other General Provisions
Other general provisions shall be in accordance with Section 3 of this By-
law.
191
SECTION 22
PARKING LOT ZONE
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or
structure in a Parking Lot Zone except in accordance with the provisions of this Section and
of any other relevant Sections of this By-law.
22.1 Parking Lot (PL) Zone
(a) Permitted Uses:
- garage, private;
- marine facility;
- parking lot.
(b) Zone Requirements:
Yard Requirements (minimum)
Front Yard 30.0 m (98.43 ft.)
All other Yards 3.0 m (9.84 ft.)
Building Height (maximum) 5.0 m (16.41 ft.)
Lot Coverage (maximum) 2%
Note: For the purposes of these yard provisions, the provisions will also
apply to parking spaces.
(c) Special Exceptions:
(i) PL-1, Charleston Lake, Assessment Roll No. 816-025-08500
The lands identified as PL-1, shall only be used for the parking of
vehicles by the owners of the property located on Wolfe Island,
located on Charleston Lake.
(ii) PL-2, Assessment Roll No. 816-025-10800, 816-025-11201
On land zoned PL-2, a maximum of eight (8) parking spaces, boat
launching and docking facilities for the exclusive use of the Owners
of the Island lots described as Lots Part 10, 11, 12, and 13 on
Registered Plan 28R-7145 only shall be permitted subject to the
following requirements and provisions.
Yard Requirements:
Western boundary (minimum) 0.5 m (1.64 ft.)
SECTION 22 PARKING LOT ZONE
192
Northern boundary (minimum) 0.5 m (1.64 ft)
Special Provisions:
- No parking of vehicles or trailers or storage of any material
shall be permitted within 21.0 metres (68.9 ft.) of the high
water of Bass Lake;
- Vehicle access to a boat launching area approved by the
Ministry of Natural Resources is permitted within the water
front yard provided that the width of the access way is not
greater than 3.0 metres (9.84 ft.).
(iii) PL-3, Assessment Roll No. 816-025-14558 and 816-025-14557
(By-law 09-043, Application ZB03/09)
Notwithstanding any provision of subsection 22.1 of this By-law to
the contrary, the lands identified as Parking Lot, Special Exception
Three (PL-3), the following provisions shall apply:
On lands zoned PL-3, a maximum of eight (8) parking spaces for the
exclusive use of the Owners of the lands described as Part Lot 14,
Concession 11 on the south side of Bass Lake only shall be
permitted. The parking area shall be fenced.
22.2 Additional Provisions for the Parking Lot Zone
(a) Parking Lots Adjacent to Water
Where a parking lot is created adjacent to water, no parking, driveways,
accessory uses or disturbance to the natural land form or vegetation is
permitted within the waterfront yard. Notwithstanding these limitations, boat
launching and docking facilities proposed in association with the parking
area are permitted provided prior approval from the Cataraqui Region
Conservation Authority is obtained and only minimal disturbance to the
natural land from or vegetation occurs.
(b) Other General Provisions
Accessory uses and other general provisions shall be in accordance with
Section 3 of this By-law.
193
SECTION 23 APPROVAL
This By-law shall become effective on the date of approval hereof.
This By-law given its first reading on the 13th day of November, 2007.
This By-law given its second reading on the 13th day of November, 2007.
This By-law given its third and final reading and passed under the Corporate Seal on
the 10th day of December, 2007
CORPORATE SEAL OF THE TOWNSHIP
Frank Kinsella MAYOR
Vanessa Latimer CLERK