Body: Council Type: By-law Meeting: Regular Date: 2011 Collection: By-laws Municipality: Central Frontenac
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By-law 2011-52 consolidated with amendments to July 11, 2023
Township of Central Frontenac Zoning By-law Page i
Township of Central Frontenac Zoning By-law Page ii
Table of Contents Foreword ……………………………………………………………………………………………………. ix HOW TO USE THIS BY-LAW ………………………………………………………………………. xi Section 1 ADMINISTRATION…………………………………………………………………………………..1 1.1 Title ……………………………………………………………………………………………….. 1 1.2 Application and Building Permits …………………………………………….. 1 1.2 Defined Area ………………………………………………………………………………… 2 1.3 Enforcement …………………………………………………………………………………. 2 1.4 Penalty ………………………………………………………………………………………….. 2 1.5 Validity ………………………………………………………………………………………….. 2 1.6 Other By-laws, Licenses, Permits and Regulations …………………. 2 1.7 Conflict ………………………………………………………………………………………….. 2 1.8 Interpretation ………………………………………………………………………………. 2 1.10 Level of Accuracy …………………………………………………………………………. 3 1.11 Defined Terms ……………………………………………………………………………… 3 1.12 Diagrams and Figures …………………………………………………………………. 4 1.13 Reference to Legislation …………………………………………………………….. 4 1.14 Effective Date ……………………………………………………………………………….. 4 1.15 Pre-Consultation ………………………………………………………………………….. 4 1.16 Technical Revisions to the Zoning By-law ……………………………….. 4 Section 2 CONFORMITY REQUIREMENTS …………………………………………………………..5 2.1 Compliance …………………………………………………………………………………… 5 2.2 Compliance of Severances ………………………………………………………….. 5 2.3 Application to Building……………………………………………………………….. 5 2.4 Committee of Adjustment …………………………………………………………… 5 Section 3 DEFINITIONS ……………………………………………………………………………………………9 3.1 Definitions ……………………………………………………………………………………. 9 Section 4 GENERAL PROVISIONS……………………………………………………………………….. 78 4.1 Accessory Buildings, Structures and Uses …………………………….. 78 4.1.1 General ……………………………………………………………………………………….. 78 4.1.2 Recreational Vehicles ………………………………………………………………. 81 4.1.3 Storage Containers ……………………………………………………………………. 82 4.1.4 Swimming Pools………………………………………………………………………… 83 4.2 Accessory Residential Uses ……………………………………………………… 84 Township of Central Frontenac Zoning By-law Page iii
4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 Area 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 4.37 4.38 4.39
Auto Service Station, Gasoline Bar, Car Wash……………………….. 86 Bed and Breakfast Establishments…………………………………………. 87 Buffering …………………………………………………………………………………….. 87 Buildings to be Moved ……………………………………………………………… 89 Camp (Hunt Camp, Fishing Camp) ………………………………………….. 89 Change of Use …………………………………………………………………………….. 89 Cumulative Standards………………………………………………………………. 89 Day Care for Children ……………………………………………………………….. 89 Drive-Through Facilities ………………………………………………………….. 90 Established Building Line in Built-up Area …………………………… 90 Exception Zone ………………………………………………………………………….. 91 Farm Use …………………………………………………………………………………….. 91 Fences …………………………………………………………………………………………. 91 Flag Lot ……………………………………………………………………………………….. 92 Flood Plain …………………………………………………………………………………. 93 Frontage on a Public Street or Private Road …………………………. 95 Group Homes …………………………………………………………………………….. 96 Home Based Businesses and Live/Work Units …………………….. 96 Illumination……………………………………………………………………………… 100 Kennels …………………………………………………………………………………….. 100 Land Suitability for Use and Organic Soils …………………………… 102 Loading Requirements …………………………………………………………… 102 Mine Hazards …………………………………………………………………………… 103 Minimum Distance Separation and Special Setbacks ………… 104 Natural Vegetation, Shoreline Buffer and Shoreline Activity 108 Non-Conforming and Non-Complying Uses …………………………. 109 Occupancy Restrictions ………………………………………………………….. 110 Outdoor Display and Open Storage ………………………………………. 110 Parks and Cemeteries …………………………………………………………….. 111 Parking and Storage of Vehicles ……………………………………………. 111 Schedule for Parking Requirements …………………………………….. 114 Parts of Buildings or Structures Permitted Above Height Level 117 Permitted Projections…………………………………………………………….. 117 Prohibited Uses ……………………………………………………………………….. 118 Sensitive Bodies of Water ………………………………………………………. 119 Sight Triangles…………………………………………………………………………. 119 Signs ………………………………………………………………………………………….. 121
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4.40 4.41 4.42
Streets ………………………………………………………………………………………. 121 Temporary Buildings or Structures During Construction … 121 Use by Public Authority or Public Utility or Public Service Use 121 4.43 Water and Sewage Disposal Systems ……………………………………. 122 4.44 More than One Zone Applying to a Lot …………………………………. 122 Section 5 ZONES ………………………………………………………………………………………………….. 123 5.1 Zone Classification ………………………………………………………………….. 123 5.2 Zones…………………………………………………………………………………………. 123 5.3 Interpretation of Zones and Zone Boundaries ……………………. 123 5.3.1 Boundaries ………………………………………………………………………………. 123 5.3.2 Permitted Uses and Accessory Uses ……………………………………… 125 5.4 GENERAL RESIDENTIAL – R1 Zone …………………………………………………………. 126 5.4.1 Permitted Uses ………………………………………………………………………… 126 5.4.2 Zone Requirements ………………………………………………………………… 126 5.4.3 Additional Provisions …………………………………………………………….. 128 5.4.4 Exception Zones ………………………………………………………………………. 129 5.5 MULTIPLE RESIDENTIAL – RM ZONE ………………………………………………………… 130 5.5.1 Permitted Uses ………………………………………………………………………… 130 5.5.2 Zone Requirements ………………………………………………………………… 131 5.5.3 Additional Provisions …………………………………………………………….. 132 5.5.4 Exception Zones ………………………………………………………………………. 133 5.6 WATERFRONT RESIDENTIAL – RW ZONE ………………………………………………… 134 5.6.1 Permitted Uses ………………………………………………………………………… 134 5.6.2 Zone Requirements ………………………………………………………………… 135 5.6.3 Additional Provisions …………………………………………………………….. 136 5.6.4 Exception Zones. ……………………………………………………………………… 137 5.7 GENERAL COMMERCIAL – C ZONE ……………………………………………………………… 166 5.7.1 Permitted Uses ………………………………………………………………………… 166 5.7.2 Zone Requirements ………………………………………………………………… 167 5.7.3 Additional Provisions …………………………………………………………….. 167 5.7.4 Exception Zones ………………………………………………………………………. 168 5.8 RECREATIONAL COMMERCIAL – CR ZONE ………………………………………………. 172 5.8.1 Permitted Uses ………………………………………………………………………… 172 5.8.2 Zone Requirements ………………………………………………………………… 172 5.8.3 Additional Provisions …………………………………………………………….. 173 5.8.4 Exception Zones ………………………………………………………………………. 174 5.9 LOCAL COMMERCIAL – CL ZONE …………………………………………………………………. 176 5.9.1 Permitted Uses ………………………………………………………………………… 176 Township of Central Frontenac Zoning By-law Page v
5.9.2 Zone Requirements ………………………………………………………………… 176 5.9.3 Additional Provisions …………………………………………………………….. 177 5.9.4 Exception Zones ………………………………………………………………………. 177 5.10 BUSINESS DISTRICT – BD ZONE………………………………………………………………… 179 5.10.1 Permitted Uses ………………………………………………………………………… 179 5.10.2 Zone Requirements ………………………………………………………………… 179 5.10.3 Additional Provisions …………………………………………………………….. 180 5.10.4 Exception Zones ………………………………………………………………………. 180 5.11 MIXED RURAL INDUSTRIAL-COMMERCIAL (MXCD) ZONE……………… 181 5.11.1 Permitted Uses ………………………………………………………………………… 181 5.11.2 Zone Requirements ………………………………………………………………… 181 5.11.3 Additional Provisions …………………………………………………………….. 181 5.12 INDUSTRIAL - M1 ZONE………………………………………………………………………………. 182 5.12.1 Permitted Uses ………………………………………………………………………… 182 5.12.2 Zone Requirements ………………………………………………………………… 182 5.12.3 Additional Provisions …………………………………………………………….. 183 5.12.4 Exception Zones ………………………………………………………………………. 183 5.13 RURAL INDUSTRIAL – M2 ZONE ……………………………………………………………….. 184 5.13.1 Permitted Uses ………………………………………………………………………… 184 5.13.2 Zone Requirements ………………………………………………………………… 184 5.13.3 Additional Provisions …………………………………………………………….. 185 5.13.4 Exception Zones ………………………………………………………………………. 185 5.14 MINERAL AGGREGATE RESOURCE – MX ZONE …………………………………….. 187 5.14.1 Permitted Uses ………………………………………………………………………… 187 5.14.2 Zone Requirements ………………………………………………………………… 187 5.14.3 Additional Provisions …………………………………………………………….. 187 5.14.4 Exception Zones ………………………………………………………………………. 188 5.15 WASTE MANAGEMENT FACILITY – WMF ZONE ………………………………….. 189 5.15.1 Permitted Uses ………………………………………………………………………… 189 5.15.2 Zone Requirements ………………………………………………………………… 189 5.15.3 Additional Provisions …………………………………………………………….. 189 5.15.4 Exception Zones ………………………………………………………………………. 189 5.16 RURAL – R ZONE …………………………………………………………………………………………… 190 5.16.1 Permitted Uses ………………………………………………………………………… 190 5.16.2 Zone Requirements ………………………………………………………………… 191 5.16.3 Additional Provisions …………………………………………………………….. 193 5.16.4 Exception Zones ………………………………………………………………………. 194 5.17 LIMITED SERVICE RURAL – LSR ZONE ……………………………………………………. 201 5.17.1 Permitted Uses ………………………………………………………………………… 201 Township of Central Frontenac Zoning By-law Page vi
5.17.2 Zone Requirements ………………………………………………………………… 202 5.17.3 Additional Provisions …………………………………………………………….. 203 5.17.4 Exception Zones ………………………………………………………………………. 205 5.18 ENVIRONMENTAL PROTECTION - EP ……………………………………………………… 208 5.18.1 Permitted Uses ………………………………………………………………………… 208 5.18.2 Zone Requirements ………………………………………………………………… 208 5.18.3 Additional Provisions …………………………………………………………….. 208 5.18.4 Exception Zones ………………………………………………………………………. 208 5.19 MINING – MR ZONE………………………………………………………………………………………. 211 5.19.1 Permitted Uses ………………………………………………………………………… 211 5.19.2 Zone Requirements ………………………………………………………………… 211 5.19.3 Additional Provisions …………………………………………………………….. 211 5.20 OPEN SPACE – OS ZONE ………………………………………………………………………………. 213 5.20.1 Permitted Uses ………………………………………………………………………… 213 5.20.2 Zone Requirements ………………………………………………………………… 213 5.20.3 Additional Provisions …………………………………………………………….. 213 5.20.4 Exception Zones ………………………………………………………………………. 214 5.21 HERITAGE – H ZONE ……………………………………………………………………………………. 215 5.21.1 Permitted Uses ………………………………………………………………………… 215 5.21.2 Zone Requirements ………………………………………………………………… 215 5.21.3 Accessory Buildings ……………………………………………………………….. 215 5.21.4 Exception Zones ………………………………………………………………………. 215 Appendix A – Temporary Use By-laws……………………………………………………………….. 217 Appendix B – Holding By-laws …………………………………………………………………………….. 218 Schedules A1 – A5 …………………………………………………………………………………………………… 219
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SCHEDULE ‘A’ TO BY-LAW # 2022-61
The Corporation of the Township of Central Frontenac Comprehensive Zoning By-law Foreword This Zoning By-law affects all lands within the Township of Central Frontenac. Any new development or redevelopment must comply with the requirements of the By-law before a building permit can be issued. Applicants are encouraged to pre-consult with the Township on how the zoning requirements apply. Applicants who plan to submit a planning application under the Planning Act are required to pre-consult with the Township. Changes to the requirements contained in this By-law may be made with the approval of the Township as provided for under the Planning Act. Significant changes may be made through the zoning by-law amendment process. Minor variations may be granted by the Township’s Committee of Adjustment. Both processes require formal applications to be submitted to the Municipality and both involve mandatory public notification. Should you have any questions about the interpretation of the wording of this by-law or the process involved to obtain relief from its provisions, please contact the Township Office.
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The Corporation of the Township of Central Frontenac By-law No. 2011-52 Being a By-law to regulate the use of land, buildings and structures within the Township of Central Frontenac; WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O. 1990, to Councils of Municipalities to enact by-laws regarding the use and the erection and use of buildings or structures within the municipality; AND WHEREAS the Township of Central Frontenac has conducted a review of the zoning bylaw pursuant to Section 26 of the Planning Act in association with the five-year review of the Official Plan and deems it appropriate to enact a new zoning by-law; NOW THEREFORE the Council of the Corporation of the Township of Central Frontenac enacts as follows: That Sections 1-5 and Schedules A1-A5 as follows, are hereby deemed to be and to constitute the zoning by-law for the Township of Central Frontenac; That this by-law shall come into force and take effect subject to the provisions of the Planning Act. Read a first and second time this 25th day of October, 2011. Read a third time and adopted this 25th day of October 2111.
Mayor
Clerk
Certified that the above is a true copy of By-law No. 2011-52 as enacted and passed by the Council of the Corporation of the Township of Central Frontenac on the 25thday of October, 2011.
Clerk
Township of Central Frontenac Zoning By-law Page x
HOW TO USE THIS BY-LAW Step 1 – LOCATE YOUR PROPERTY AND DETERMINE THE ZONE Use the zoning schedules (maps) at the end of this document to locate the property you are interested in. Identify the zone symbol that applies to that property. Zone examples include R1, RM, RW, C, CR, CL, M1, M2, M3, MX, WMF, R, LSR and EP. Step 2 – DETERMINE WHAT USES ARE PERMITTED IN THE ZONE Use one of the Zone lists to determine what uses are permitted in the Zone you have identified. (Note: Section 5.2 of the text also identifies the name of the zone that corresponds to a zone symbol.) The uses in the lists are listed alphabetically. Run your finger down the first column to find the use you are interested in. If you find the use you are interested in, it is permitted in the Zone. Otherwise, it is not permitted in that Zone. Step 3 – DETERMINE WHAT ZONE REQUIREMENTS APPLY Once the use is determined to be permitted, move down to the Zone Requirements section. In this section, it will indicate what the minimum requirements will be, i.e., minimum lot area, frontage etc. These standards will help you determine where you can locate a building or structure on your lot. Step 4 – DETERMINE IF ANY GENERAL PROVISIONS APPLY Development of the property may be affected by Section 4 – General Provisions. General Provisions can apply to any zone anywhere in the municipality. This section contains provisions that apply to such matters as Accessory Uses, Height Exceptions, Home Based Businesses, Frontage on a Public Street, Special Setbacks, etc. Use this section to determine how a particular land use or building might be affected. Step 5 – CLARIFY TERMS AND THE MEANING OF A USE Throughout the by-law some words are shown in black italicized script. These words are defined in Section 3 – Definitions. If you are unsure as to what a particular word means or what the scope of a permitted use includes, then refer to the alphabetical list of definitions to assist you. This section also contains illustrations which are intended to help with understanding the definition.
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Section 1
ADMINISTRATION
Explanatory Note Section 1 identifies the administrative controls and requirements of the By-law. It names the By-law, states its relationship with other By-laws, defines the area to which the By-law applies, how the By-law is to be enforced, etc. In essence, it identifies the legal parameters within which the By-law functions.
1.1
Title This By-law shall be known as the Zoning By-law or By-law No. 2011-52 of the Corporation of the Township of Central Frontenac.
1.2
Application and Building Permits In addition to the requirements of the Township of Central Frontenac Building By-law, every application for a building permit shall be accompanied by information required to determine compliance with this By-law. The regulations of this By-law must be met before a building permit is issued by the Municipality for the erection of any building or structure. A site plan, drawn to scale shall be submitted with any required information needed to issue a building permit or to determine compliance with this By-law and shall include any or all of the following items as determined at the sole discretion of the Municipality: 1.
The true dimensions and/or legal description of the lot to be built upon or otherwise used.
The proposed location, height and dimensions of any building, structure or use proposed for such lot.
The setbacks of all existing and proposed buildings or structures from the nearest lot lines, the dimensions of yards, the location of landscaping, the location and dimensions of parking spaces (conventional and barrier-free), parking aisles, parking areas and loading spaces as required by this By-law.
The location of all existing buildings or structures on the lot, including the lot area, lot coverage of existing and proposed structures and the separation distances between any main building and an accessory building.
The location of buildings, structures, sewage disposal systems and/or wells on abutting properties;
The average slope for the proposed building envelope.
1 Township of Central Frontenac Zoning By-law
1.3
Where the proposed building is to be used for residential purposes, the location of all livestock facilities within 0.75 km [0.46 miles] of the proposed dwelling. [See also Section 4.26.4]
A statement, signed by the owner disclosing the exact use of all existing and proposed uses of land, buildings or structures and such other information as may be required to determine whether the uses conform to the requirements of this bylaw.
Defined Area The provisions of this By-law shall apply to all lands within the municipal boundaries of the Corporation of the Township of Central Frontenac.
1.4
Enforcement This By-law shall be administered by the Clerk or such other persons as may from time to time be designated by Council, and no permit for the use of land or for the erection or use of any building or structure or approval of application for any municipal license within the jurisdiction of the Council shall be issued or given where the proposed building, structure or use would be a violation of any provision of this By-law.
1.5
Penalty Every person who violates any of the provisions of this By-law is guilty of an offense and upon conviction is liable to the fine(s) as provided for under the Planning Act, R.S.O., 1990, c. P.13, as amended.
1.6
Validity Should any Section or part of a Section of this By-law or Schedule hereto be declared by a court of competent jurisdiction to be invalid, the same shall not affect the provisions of this By-law as a whole or any part thereof other than the part declared to be invalid.
1.7
Other By-laws, Licenses, Permits and Regulations Nothing in this By-law shall exempt any person from complying with the requirements of any other By-law in the Municipality, or from applying for and obtaining any permit, license, permission, authority or approval required by this or any other By-law or regulation of the Corporation or by any other law in force from time-to-time, or any requirement of the Province of Ontario or the Government of Canada.
1.8
Conflict In the event of conflict between this By-law and amendments thereto, and any general or special By-law, the most restrictive By-law shall prevail.
1.9
Interpretation 1.
Legislation Act 2
Township of Central Frontenac Zoning By-law
The Legislation Act applies to this By-law. 2.
Definitions Definitions are given in this By-law to aid in the understanding and implementation of the intent and meaning of the By-law. They are not to be used to avoid an obligation imposed by the By-law or any requirement enacted in a substantive provision of the By-law.
Citation This By-law may be cited by its long title (“A By-law to Regulate the Use of Land, Buildings and Structures within the Township of Central Frontenac”), its short title (“Township of Central Frontenac Zoning By-law”) or its by-law number (By-law 2011-52), and any such citation is to be taken as meaning the By-law as amended.
Gender Neutrality This By-law is gender neutral and, accordingly, any reference to one gender includes any other and non-binary.
Grammar In this By-law, words in the singular include the plural, and words in the plural include the singular. The word “shall” is mandatory. Words in the present tense include the future tense.
References Appendices, examples, footnotes, glossaries, headings, indices, marginal notes and references to former enactments or enabling legislation after a section or other division of the By-law, do not form part of the By-law and are inserted for convenience of reference only.
Measurement Units This By-law utilizes the metric system to establish measurements when such measurements form part of a regulation or a requirement. (Imperial measurements are provided for the convenience of the reader and are not a legal part of this Bylaw.) Where linear distances other than those referring to vertical measurements are specified, such linear distances are to be measured on a horizontal plane. The metric measurements contained in this By-law are the only measurements to be used in determining compliance with the By-law.
1.10 Level of Accuracy All calculations of the regulations of this By-law shall be to one decimal place, and in no case shall there be a rounding to such decimal place. In the event of any conflict between the zone regulations of this By-law, the more restrictive regulation(s) shall apply.
1.11 Defined Terms All defined terms are shown in bold italicised script throughout this By-law. 3 Township of Central Frontenac Zoning By-law
1.12 Diagrams and Figures This By-law contains a number of diagrams and figures which are intended to assist with the interpretation of the By-law; however, they do not form part of this by-law unless otherwise stated.
1.13 Reference to Legislation Where this Zoning By-law makes reference to legislation, then the references shall be deemed to mean the statute currently in force and any amendments thereto and all applicable regulations thereunder.
1.14 Effective Date This By-law shall take effect from the date of its passage by Council, subject to the provisions of the Planning Act.
1.15 Pre-Consultation Applicants are required to consult with the Township prior to submission of the following applications: 1. 2. 3. 4. 5.
Application for Consents Application for a Minor Variance or Permission Application for Site Plan Control Application for Official Plan and Zoning By-law Amendments Application for Part-Lot Control or Validation of Title.
Without a pre-consultation meeting and/or submission of all required information or material, the Township of Central Frontenac may deem an application incomplete. (By-law 2008-256)
1.16 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 grammar or typographical errors or revisions to format in a manner that does not change the intent of the By-law. 2.
Adding or revising technical information on the zoning maps or schedules that does not affect the zoning of lands including, but not limited to, matters such as updated and correcting infrastructure information, keys, legends or title blocks.
Changes to appendices, headings indices, marginal notes, table of contents, illustrations, historical or reference information, page numbering, footers or headers, which do not form part of this By-law and are editorially inserted for convenience or reference only.
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Section 2
CONFORMITY REQUIREMENTS
Explanatory Note This short section establishes the authority of the By-law. It requires that all land uses, buildings and structures must comply with this Zoning By-law.
2.1
Compliance No land, building or structure shall be used and no building or structure shall be erected or enlarged, altered or placed for any purpose within the area defined by this By-law, except as specifically, or by necessary implication, authorized by this By-law and in conformity with all the applicable provisions of this By-law.
2.2
Compliance of Severances Subject to the granting of such minor variances as may be approved, no lands shall be severed from any existing lot if the effect of an approval for severance is to cause the original, adjoining, remaining or new building, structure, lot or use of land to be in contravention of any provision of this By-law.
2.3
Application to Building Where a use does not take place within a building, but a regulation in this By-law imposes a requirement premised on the use being in a building, the requirement applies, with necessary modifications, as though the actual area occupied by the use was in a building.
2.4
Committee of Adjustment Pursuant to the provisions of Sections 44 and 45 of the Planning Act, a duly appointed Committee of Adjustment is authorized to grant relief to any of the provisions of this ByLaw, by way of granting a minor variance or by giving a permission for the enlargement or extension of a non-conforming use or to permit a change of use of a non-conforming use to a similar or more compatible use. Criteria for evaluating Minor Variances (section 45(1) of the Planning Act): 1. 2. 3. 4.
The general intent and purpose of the Official Plan are maintained; The general intent and purpose of the Zoning By-law are maintained; The variance is minor; and The proposed use of the land, building or structure is desirable for the appropriate development of the land.
An application must successfully meet all of the four tests or criteria above to be approved. Where 5 Township of Central Frontenac Zoning By-law
a proposed variance is not minor or cannot satisfy all of the criteria for a minor variance, an amendment to this zoning by-law will be required. In addition to the criteria set out in Section 45 (1) of the Planning Act, described above, the following additional criteria shall be considered in the review of applications for a minor variance: Development must generally conform to policies and zoning for a shoreline buffer zone.
Explanatory Note (Minor Variance Applications) The Committee of Adjustment, as appointed by Council, is duly authorized under Section 45 of the Planning Act, upon the application of the owner of any land, building or structure affected by this By-law, to grant a minor variance from the provisions of this By-law as in its opinion is desirable for the appropriate use of the land, building or structure if the general intent of the Zoning By-Law and Official Plan are maintained. Minor variances may, for example, be granted to the lot area, lot frontage, setbacks, height of buildings, parking provisions or any other standard set out in this By-Law.
Explanatory Note (Zoning By-law Amendments) The Zoning By-law may be amended where the proposed amendment complies with the Township’s Official Plan, the County of Frontenac Official Plan and is consistent with the Provincial Policy Statement. In accordance with the requirements of the Planning Act, the usual procedure for amendments involves the following steps: 1.
The person or public body wishing to change the Zoning By-law pre-consults with the municipality in accordance with Township By-law 2008-256 (Mandatory Preconsultation) and then files an application to the Council of the Corporation of the Township of Central Frontenac to amend the Zoning By-law (subsection 34(10.0.1) of the Planning Act). The application form is on the municipal website: http://www.centralfrontenac.com.
Council determines whether the application is a ‘complete’ application based on a recommendation from staff. Additional information, reports or studies may be required to support the proposed amendment. Council has 30 days from the date of application to determine whether the application is complete (s. 34(10.1-10.3)). Incomplete applications may be refused or deferred until the required information or studies are submitted.
6 Township of Central Frontenac Zoning By-law
3.
Once the application is considered complete, Council circulates to prescribed agencies and bodies a Notice of Complete Application (s. 34(10.4)). If Council deems an application incomplete or does not make a decision within 30 days from the date of application, the person or public body may appeal to the Ontario Land Tribunal to determine whether the application is complete (s. 34(10.5).
If an application is considered complete, Council advertises that a Public Meeting will be held in order to consider the amendment to the Zoning By-law. Advertisement is given 20 days in advance of the meeting (s. 34(12-13, 14.1)). Council may hold as many meetings as is necessary to consider the application.
Council holds a Public Meeting and evaluates the appropriateness of the proposed amendment. Council considers the proposal’s conformity with the Official Plan, the Provincial Policy Statement and, conformity with the provisions of the requested zone, adequacy of services, suitability of the proposed use in the proposed location, agency comments, public comments, etc. If the application is satisfactory, the amending by-law is passed by Council.
Within 15 days of approval or refusal of the application, the Clerk will give written notice of the approval or refusal of the application by advertisement to the applicant and to those who made written request to receive notice of a decision (s. 34(10.9, 18)) (Note: applications which are suspended or for which there is no action on for more than six months may be deemed to have expired.).
If Council approves the application, any person who stated their opinion on record prior to the application being approved may appeal the decision of Council to the Ontario Land Tribunal within 20 days of notice being given of approval to the amendment to the Zoning By-law (s. 34(19)) if they object to Council’s decision. No appeals are permitted for any dwelling defined as an additional residential unit. (More Homes Built Faster Act, 2022)
.If Council refuses to approve the application or Council does not make a decision within 90 days from the date the application is deemed complete, the person or public body may appeal to the Ontario Land Tribunal within 20 days of the notice of decision of refusal of the application or within 20 days of the lapsing of the 90-day period (s. 34(11, 11.0.2)).
An amendment to the Zoning By-law comes into effect after the 20-day appeal period if there are no appeals (s. 34(21)).
If a decision or lack of decision is appealed to the Ontario Land Tribunal, the amendment does not come into effect and the Tribunal can make any decision the Council of the Township could have made in regard to the specific application (s. 34(26)).
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11.
Whether a by-law is approved by Council or the Ontario Land Tribunal, the effective day of the by-law is retroactive to the day it was adopted.
Where a decision is not made by Council within the prescribed time period of the Planning Act, Council is required to refund a portion or all of the application fee as follows: A.
50% if no decision is made within 90 days from the date of a complete application (s. 34(11), or 120 days (s. 34(11.0.0.0.1) for concurrent official plan and zoning by-law amendment.
B.
75% if no decision made within 150 days from the date of a complete application (s. 34(11), or 180 days (s. 34(11.0.0.0.1) for concurrent official plan and zoning by-law amendment.
C.
100% if no decision made within 210 days from the date of a complete application (s. 34(11), or 240 days (s. 34(11.0.0.0.1) for concurrent official plan and zoning by-law amendment.
8 Township of Central Frontenac Zoning By-law
Section 3
DEFINITIONS
Explanatory Note For the purpose of this By-law, the definitions and interpretations given in this Section shall govern. In this By-law, the word “shall” is mandatory and not directory; words in the singular include the plural, words in the plural include the singular; the word “used” includes “arranged”, “designed” or “intended to be used”. The word “occupied” shall include “designed to be occupied” and “arranged to be occupied”.
3.1 Definitions Definitions of words and phrases used in this By-law that are not included in the list of definitions in Section 3 shall have the meanings that are commonly assigned to as defined in a dictionary.
3.A Abattoir Means a building or structure specifically designed to accommodate the penning and slaughtering of live animals and the preliminary processing of animal carcasses and may include the packing, treating, refrigeration and sale of the product on the premises. Accessory When used to describe a use, building or structure, means a use, building or structure naturally or normally incidental, subordinate and exclusively devoted to a principal use, building or structure and located on the same lot therewith. [See Figure 3.1] Accessory Building – see Accessory Accessory Structure – see Accessory
Examples of accessory buildings or structures are a detached garage, a storage shed, a storage container, a swimming pool, a shoreline structure or a satellite dish. Examples of accessory uses are a home based business, an apartment above a store, or a retail outlet within a manufacturing plant.
Accessory Use – see Accessory Adult Entertainment Parlour Means any building or part thereof in which are provided, in pursuance of a trade, calling, business or occupation, any goods or services appealing or designed to appeal to erotic or sexual appetites or inclinations.
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Figure 3.1: Accessory Building and Main Building
Adventure Game Means an outdoor sport or recreation commercial establishment operated commercially in which participants engage in games mimicking combat-type roles and which may include the use of paint ball or similar equipment. Adverse Effects Means one or more of: 1.
Impairment of the quality of the natural environment for any use that can be made of it;
Injury or damage to property or plant or animal life;
Harm or material discomfort to any person;
An adverse affect on the health of any person;
Impairment of the safety of any person; 10
Township of Central Frontenac Zoning By-law
6.
Rendering any property or plant or animal life unfit for human use;
Loss of enjoyment of normal use of property; and
Interference with normal conduct of business.
Aggregate Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock other than metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act or the Aggregate Resources Act. Agri-tourism Uses Means those farm-related tourism uses, including limited accommodation such as a bed and breakfast establishment, that promote the enjoyment, education or activities related to the farm operation. Agriculturally Related Commercial/Industrial Uses Means those farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services as a primary activity including but not limited to animal husbandry services, produce or grain storage facilities, farm machinery outlets and fertilizer depots. Agricultural Use Means the use of land, building(s) or structure(s) for: 1.
The growing of crops, including but not limited to nursery, biomass and horticultural crops and all related activities such as soil preparation, manure or fertilizer spreading, planting, spraying, grain drying, irrigating, harvesting and also including the storage and sale of the crops produced on the lands.
Animal husbandry including the raising, boarding, and keeping of all forms of livestock and fish, and all related activities such as breeding, training, feeding, manure storage and grazing;
Agro-forestry, maple syrup production.
The production of animal products including but not limited to milk, eggs, wool, fur, or honey, and all related activities such as the collection, storage and sale of the products produced on the lands;
The use and storage of all forms of equipment or machinery needed to accomplish the foregoing activities including value-retaining facilities.
Agricultural use shall not be construed to include commercial activities related to agriculture such 11 Township of Central Frontenac Zoning By-law
as abattoirs, tanneries and retail outlets, or manufacturing and processing activities involving farm crops or animal products such as cheese factories, grain mills or retail seed sales, but may include the production and incidental sale of maple syrup. [See also Maple Syrup Processing Establishment, Section 4.14 and Section 4.26.3] Airfield/Aerodrome Means land, lot or buildings used for the purpose of landing, storing, taxiing or taking-off of private or commercial aircraft and associated uses, buildings or structures installations and equipment accessory thereto, but shall not include a commercial airport or airport governed by the Aeronautics Act but shall be pursuant to the regulations of the appropriate authority. Aisle Means the travelled way by which motor vehicles enter and depart parking spaces or loading/delivery spaces or a parking area. [See Figure 3.2]
Figure 3.2: Examples of Parking Aisle
Alter 1.
When used in reference to a building, structure or part thereof, means: (a) (b) (c)
To change any one or more of the external dimensions of such building or structure; or To change the type of construction of the exterior walls or roof of such building or structures; or To change the use of such building or structure or the number or types of uses or dwelling units contained therein.
When used in reference to a lot means: (a)
To change the boundary of such lot with respect to a street or lane; or
(b)
To change any dimension or area, relating to such lot; or
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(c)
To change the use of such lot or the number of uses located thereon.
When used in reference to a shoreline: Means to change, straighten, divert or interfere in any way with the channel of any water body or the lands surrounding the high-water mark of a water body.
Altered and alteration shall have corresponding meanings.
Ambulance Facility Means a building or part thereof where professional paramedics and personnel are stationed and their vehicles and equipment are kept or stored. Anaerobic Digester Means a provincially regulated facility designed to convert agricultural and non-agricultural source materials (e.g., manure, milk washing materials, silage, organic food wastes) into an energy source (e.g., methane). Animal Shelter Means a commercial premise where animals, birds and other livestock are examined or treated and which may be kept on a short-term basis, and may include the premises of a veterinarian or veterinary surgeon, but does not include a commercial kennel. Apartment Building – see Dwelling – Apartment Archaeological Resources Includes artifacts, archaeological sites, marine archaeological sites, as defined under the Ontario Heritage Act. This identification and evaluation of such resources are based upon archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. Area of Natural and Scientific Interest (ANSI) Means areas of land and water containing natural landscapes or features that have been identified by the Ministry of Natural Resources as having life science or earth science values related to protection, scientific study or education. Art Gallery Means a building, or part thereof or an area where paintings, sculptures or other works of art are exhibited or sold. Areas of Archaeological Potential Means areas with the likelihood to contain archaeological resources. Criteria to identify archaeological potential are established by the province. The Ontario Heritage Act requires archaeological potential to be confirmed by a licensed archaeologist.
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Asphalt Plant Means an industrial facility used for the production of asphalt for immediate use in the paving of roads and driveways and the damp-proofing of buildings or structures. Assembly Hall - see Place of Assembly Attached Means a building or structure otherwise complete in itself which is connected to, and which depends for structural support upon a division wall or walls shared in common with an adjacent building or buildings. Attic Means that portion of a building immediately below the roof and wholly or partly within the roof framing. Auditorium - see Place of Assembly Auto Body Shop Means a commercial premise where painting, refinishing, restoration, alterations or repairs are made to motor vehicles but does not include a salvage yard or auto repair garage. Auto Rental Establishment Means commercial premise engaged in the rental of passenger automobiles, recreational vehicles or trucks and where such vehicles may be dropped off or picked up. Auto Repair Garage Means a building used for the storage, repair and servicing of motor vehicles performed for gain or profit. Auto Service Station Means a building and/or lot used for the sale of fuels or energy products for motor vehicles or recreational vehicles and may include an auto repair garage, the renting, servicing, repairing, lubrication, cleaning and polishing of vehicles and the sale of automotive accessories and related products, but shall not include any other automotive use defined in this By-law. [See also Gasoline Bar] Automotive Sales Establishment Means a commercial premise used for the display and sale of new and/or used motor vehicles and recreational vehicles and may include accessory uses such as an auto body shop, auto repair garage, the sale of motor vehicle accessories and related products and the leasing or renting of motor vehicles, but shall not include any other defined automotive uses. [See also Recreational Vehicle Sales and Storage] Automobile Wrecking Yard - see Wrecking or Salvage Yard
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3.B Back Lot Means a lot separated from a water body or watercourse by a street or private road and/or at least one (1) lot that has direct frontage on a water body. Bake Shop Means a retail store where bakery products are offered for sale, some or all of which may be prepared on the premises. Bakery Means a building or part thereof for producing, mixing, compounding or baking bread, biscuits, cakes or other baked products and may include an accessory retail store which sells goods manufactured on the premises. Balcony Means an open platform projecting from the face of a building’s wall, cantilevered or supported by columns or brackets and surrounded by a balustrade or railing. Bank or Financial Institution Means a chartered bank, finance company office, co-op, trust company, loan company or similar establishment. Barrier Free Means that which can be approached, entered and used by persons with physical or sensory disabilities. . Barrier-Free Parking Space – see Parking Space, Barrier Free Basement Means that portion of a building between two floors which is partly underground but which has at least one-half of its height from floor to ceiling above the adjacent finished grade. [See Figure 3.3]
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Figure 3.3: Basement or Cellar
Batch Plant, Asphalt or Concrete Means an industrial facility used for the production of asphalt and concrete products, used in building or construction and includes but is not limited to facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process of finished products manufactured on the premises and the storage and maintenance of equipment. Bed and Breakfast Establishment Means a single detached dwelling in which no more than four (4) guest rooms are made available for the temporary accommodation of the travelling or vacationing public. Such an establishment shall be occupied by the owner or the lessee of the single detached dwelling or the lessee of the entire unit and may offer meals to those guests who purchase accommodation in the establishment, but shall not offer services to non-guests. Bingo Hall Means a building or premise or part thereof used for bingo or a bingo event. Boat House Means a building or structure or part thereof which is used for the storage of private boats and equipment accessory to their use, as an accessory use to a residential use, no part of which shall be used for any residential or commercial purpose. Boat Launch Means an area of land adjacent to a water body or watercourse that is used to launch and remove water vehicles from the water. Boat launches may be public or private.
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Boat Lift Means a mechanism for lifting boats from the water, or between water on different elevations and may include a roof. Boat Port Means an unenclosed, stand-alone roofed structure designed and used for the docking and storage of watercraft and equipment accessory to the use and operation of watercraft. Boat Slip Means a single mooring space for a boat, marine vessel or watercraft forming part of a dock, boat house or other mooring facility. Boat Slip, Transient Means a temporary mooring space that is provided for the use of visitors arriving and departing by a water vehicle which is moored in the said space for a maximum of seven (7) consecutive days. Boat Storage – see Recreational Vehicle Sales and Storage Boat Repairs Garage – see Recreational Vehicle Repair Garage Brewery or Winery (see also Microbrewery and Distillery) Means a commercial premise used primarily for the manufacturing, processing and distribution of beer, cider and wine and may include an accessory retail outlet. Buffer Strip Means a landscaped or planted area reserved for the purpose of screening or obstructing the view of buildings, land or structures or shielding or blocking noise, lights or other nuisances by the planting of trees and shrubs or fences. [See Figure 3.4] Building Means any structure used or intended for sheltering any use or occupancy. The word “building” shall include the whole of such structure or part thereof and shall include any building types as regulated by the Ontario Building Code.
Figure 3.4: Buffer Strip
Building Envelope Means the buildable area on a lot, as defined by all of the required yards and setbacks and the maximum height provisions, within which a building can be erected. [See Figure 3.5]
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Building, fortified (see Fortified Building) Building Height – see Height Building Inspector – see Chief Building Official Building, Main Means a building in which is conducted the principal uses of the lot on which it is situated. [See Figure 3.6]
Figure 3.5: Building Envelope
Building, Mixed Use Means a building containing more than one land use category (e.g., retail commercial and residential, office and residential, industrial and retail, etc.) that is designed and constructed as a single building. [See also Live/Work Unit] Building Official – see Chief Building Official Building Separation Means the least horizontal distance permitted between the nearest portions of the walls of any buildings on a lot. [See Figure 3.7] Figure 3.6: Main Building
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Figure 3.7: Building Separation
Building, Temporary Means a building or structure intended for removal or demolition within a prescribed time not exceeding two years or as set out in a building permit. Building Supply Store Means a building 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 retail sale. This definition shall not include a salvage yard. Built Heritage Resource Means a building, structure, monument, installation or any manufactured or constructed part or remnant that contributes to a property’s cultural heritage value or interest as identified by a community, including an Indigenous community. Built heritage resources are located on property that may be designated under Parts IV or V of the Ontario Heritage Act, or that may be included on local, provincial, federal and/or international registers. By-law Enforcement Officer Means an officer or employee of the Township charged with the duty of administering and enforcing the provisions of municipal by-laws.
3.C Call Centre Means a building or part thereof where incoming and/or outgoing calls are handled by people, telephones and computers which are related to customer support, credit services, card services, 19 Township of Central Frontenac Zoning By-law
telemarketing, interactive voice response, or similar services. Camp (Hunt Camp, Fishing Camp) Means a non-commercial building or structure intended to provide basic shelter and accommodation on a temporary basis for persons engaged in such activities as hunting, fishing, snowmobiling, hiking or other similar forms of recreation, but does not include a seasonal dwelling or tourist establishment or tourist cabin establishment. [See also Section 4.6] Campground Means an area of land, managed as a unit, providing short term accommodation for tents, recreational vehicles or rental cabins where a fee is charged for such accommodation, but shall not include mobile homes or a mobile home park. A campground may include accessory uses, buildings and structures such as an accessory dwelling, laundromat, convenience store, pavilion, recreation hall, beach, the sale of propane fuels or firewood or other goods or supplies and equipment rentals that are accessory to the operation of the campground. Campsite Means a plot or parcel of land within a campground intended for the exclusive temporary occupancy by a recreational vehicle, tent or similar transportable accommodation together with all yards and open space and may include on-site services such as a fire pit, electricity generation facilities and transmission and distribution systems, cable, water and sewage disposal. Cannabis Means a cannabis plant, including the phytocannabinoids produced by or found in such a plant regardless of whether that part has been processed or not and any substance or mixture of substances that contains or has on it and part of such a plant and any substance that is identical to a phytocannabinoid produced by or found in such a plant regardless of how the substance was obtained. Cannabis Retail Store or Dispensary Means any use of land, building, structure or part thereof used for the retail sale of cannabis and any product or substance produced in whole or part from cannabis, and shall be deemed to include a licensed Ontario Cannabis Retailer under the Ontario Cannabis Retail Corporation Act, 2017. Canopy Means a roof-like structure projecting from the exterior face of a building or is a stand-alone structure over a pump island or gasoline bar. Car Port Means a partially enclosed building or structure intended or which is used for the sheltering of one or more motor vehicles. A car port attached to the main building is not an accessory structure. [See Figure 3.8] Car Shelter – see Temporary Car Shelter
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Car Wash Means a commercial premise used for washing or cleaning of motor vehicles for gain or profit. A car wash may be an Figure 3.8: Car Port accessory use to a principal use (e.g., auto service station). Catering Establishment Means a commercial premise or a home based business in which food and beverages are prepared for consumption off the premises and are not served to customers on the premises. Cellar Means the portion of a building below the first floor, which is partly or wholly underground and which has more than one-half of its height from floor to ceiling below the finished grade. [See also “Basement” and Figure 3.3] Cemetery Means a cemetery within the meaning and as regulated by the Funeral, Burial and Cremation Services Act, 2002 and includes a mausoleum, columbarium or other building or structure intended for the interment of human remains. Cemetery, Pet Means a use of land for the interment of animal remains of a domestic pet. Cheese Factory Means a commercial premise that stores, processes, sells or distributes cheese and cheese products produced on-site. Chief Building Official Means an officer or employee of the Corporation of the Township of Central Frontenac appointed to enforce the provisions of the Building Code Act. Chip Wagon – see Refreshment Sales Vehicle Cinema – see Theatre Clinic Means a building or part thereof used solely for the purpose of consultations, diagnosis and treatment of patients, by two (2) or more legally qualified medical professionals or health
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practitioners (e.g. physicians, dentists, optometrists, chiropodists, chiropractors or drugless practitioners, physiotherapists), together with their qualified assistants and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, laboratories, pharmacies or dispensaries directly associated with the clinic. Club - see Private Club Commercial Compost Facility Means the commercial use of land, buildings or structures for receiving and processing organic material and the storage, distribution and/or sale of compost materials produced at the facility. [See also “Recycling Depot” and “Waste Management Facility”] Commercial Greenhouse – see Greenhouse, Commercial Commercial Mushroom Growing Operation Means land, buildings or structures used for the growing of mushrooms for wholesale or retail sale. Commercial Use or Commercial Premise Means the use of land, buildings and structures for the purpose of buying and/or selling commodities and supplying services. Commercial Vehicle Means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, fire apparatus, police vehicles, motor buses and tractor trailers used for hauling purposes. Communal Services – see Private Communal Sewage Services and Private Communal Water Services Community Centre - see Place of Assembly Community Garden Means a site operated by community members and/or a community organization where lands are used for the growing of produce, flowers and native plants for non-profit use through individual or shared plots. Communications Facility Means an installation which transmits receives and/or relays communications such as a microwave relay tower, telephone line, cellular telephone tower, wireless internet tower, radio or television broadcast tower or similar facility approved by a federal regulator. Condominium Means a building or buildings or land or part thereof which is held in separate private ownership and where common elements are owned by the tenants in common (e.g., recreational facilities, open space, outdoor areas, etc.) and which is administered and maintained by a corporation
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pursuant to the provisions of the Condominium Act. A condominium may be for a residential use, commercial use or industrial use. Conservation Use Means the use of lands which are intended to remain open in character with the priority use given to preservation of their ecological uniqueness, wildlife production and their natural features and may include non-commercial recreational uses only if conservation of the resource is not jeopardized. Construction Yard or Contractor’s Yard Means the yard of a building contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company, and may include facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business, but does not include the crushing of virgin or recyclable aggregates or materials and the wholesale or retail sale of building supplies or home improvement supplies. [See also “Equipment and Vehicle Storage Yard – Industrial” and “Lumber Yard”] Continuum-of-Care Facility Means a building or a group of buildings which may include a senior citizens apartment, a nursing home, a long-term care facility, home for the aged and facilities associated with, and designed specifically to serve the senior or disabled population such as clinics, retirement homes, recreation centres, cafeterias and personal service establishments, and may also include independent senior’s accommodation in separate structures/living units that share in services such as meals. Convenience Store Means a retail store or part thereof used primarily for the sale of grocery and confectionary items and incidentally for the sale of such other merchandise as is required to fulfill the day-to-day needs of a surrounding community. Corporation Means the Corporation of the Township of Central Frontenac except where reference is made in this By-law to a private corporation, in which case the definition shall mean a body corporate with share capital to which the Business Corporations Act applies. Council Means the Council of the Corporation of the Township of Central Frontenac. County Means the County of Frontenac. Coverage – see Lot Coverage Crisis Care Facility Means a residential facility that is licensed and funded by the Province of Ontario, Government of Canada or an appointed agency, for the short term, temporary care of persons requiring immediate emergency shelter and aid who are living under supervision in a single housekeeping unit and who by reason of their emotional, mental, social or physical condition or legal status, require a group
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living arrangement for their wellbeing. Cultural Heritage Landscape Means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an indigenous community. The area may include features such as buildings, structures, spaces, views, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Cultural heritage landscapes may be properties that have been determined to have cultural heritage value or interest under the Ontario Heritage Act, or have been included on federal and/or international registers, and/or protected through official plan, zoning by-law, or other land use planning mechanisms. Custom Workshop – see Workshop 3.D Dairy Means a commercial premise that stores, processes, sells and distributes milk and milk products. Day Care, Private Home Means the use of a dwelling unit operated commercially for the temporary care of children. Day Lighting Triangle – see Sight Triangle Day Nursery Means an establishment for pre-school-aged children governed by the Child Care and Early Years Act. [See also Section 4.9] Deck Means a structure abutting a dwelling or building with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade for use as an outdoor living area. Detached When used in reference to a building or structure, means a building or structure which is physically separated and not dependent on any other building or structure for structural support or enclosure. Development Means the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act and shall be taken to include redevelopment, but does not include activities that create or maintain infrastructure authorized under an environmental assessment process, works subject to the Drainage Act, or underground or surface mining of minerals or advanced exploration on mining lands. Dish Antenna - see Satellite Dish/Receiver
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Distillery Figure 3.9: Floating Dock Means an industry or commercial premise where alcoholic drinks and liquors are produced by the process of distilling. Dock, Floating Means an accessory structure used for the mooring of water vehicles which is designed to float freely on the surface of the water body and which may be secured or anchored to the shoreline. [See Figure 3.9] Dock, Permanent Means an accessory structure used for the mooring of water vehicles which is secured or anchored to the shoreline and/or the bottom of the water body by concrete, metal or wood pillars or such other foundation, the design of which facilitates the construction of a more or less permanent structure. Dog Park Means a park for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners. Dog Run Means an enclosed outdoor extension of one or more dogs’ individual living spaces in association with a kennel. Drive-Through Facility Means a premise used to provide or dispense products or services through an attendant or a window or an automated machine, to persons remaining in motor vehicles that are in a designated stacking space; and may be in combination with other land uses. Kiosks within a parking structure necessary for the operation of the parking facility or kiosks associated with a surface parking area are not considered drive-through facilities. Driveway Means a vehicular access connected to a public street or private road or thoroughfare, which provides ingress to and/or egress from a lot, and may include a shared driveway but shall not include a lane as defined herein. Driving Range Means a public or private area operated for the purpose of developing golfing techniques, including miniature golf courses, but excluding a golf course. Dry Cleaning Establishment Means a commercial premise wherein the business of dry cleaning, stain removal and/or pressing
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of articles and/or goods of fabric is carried on. Duplex – see Dwelling – Duplex Figure 3.10: Examples of Additional Residential Unit Additional Residential Unit incorporated through an addition above an attached garage
Side Yard addition to accommodate Additional Residential Unit
Figure 3.11: Additional Residential Unit – Basement and accessory Structure Dwelling Means any building or part of a building that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals, but shall not include a hotel or motel. Recreational vehicles shall not be considered dwellings Additional except for the purposes of the minimum distance Residential Unit separation. Dwelling – Accessory Means a fully-detached dwelling which is accessory to a permitted non-residential use.
Additional Residential Unit
Dwelling - Additional Residential Unit Means an additional dwelling unit within a permitted 26 Township of Central Frontenac Zoning By-law
single detached dwelling, semi-detached dwelling, or row house that does not otherwise contain an ancillary residential unit, and includes a dwelling unit in a detached building or structure ancillary to a single detached dwelling, semi-detached dwelling, or row house or up to three dwelling units in total. [See Figures 3.10 and 3.11] Dwelling – Apartment Means a building containing three (3) or more dwelling units but shall not include a row dwelling. Dwelling – Converted Means a dwelling altered to contain no more than three (3) dwelling units, with each self-contained dwelling unit having a floor space of not less than 55 m2 [592 ft.2]. Dwelling – Duplex Means a building divided horizontally into two (2) dwelling units, each unit of which has an independent entrance. [See Figure 3.12] Dwelling, Mobile Home Means any dwelling that is designed to be made mobile, and constructed or manufactured in accordance with standards set out in the Building Code and designed to provide a permanent residence for one or more persons, but does not include a recreational vehicle. Dwelling, Modular Home Means a single detached dwelling consisting of one or more modules which meets CSA standard Z240.2.1 – Zone 2 or CSA Standard A277 – Zone 2 and which has been prefabricated or manufactured in a factory remote from the site where it is intended to be used and transported to the site for installation on a permanent foundation, but does not include a Mobile Home, Recreational Vehicle, or Park Model Trailer as otherwise defined. Dwelling – Park Model Trailer Means a manufactured building designed and constructed in conformance with CAN/CSA-Z241 Series M “Park Model Trailer”, as set out in the Ontario Building Code, and is used or intended to be used as a seasonal recreational building of residential occupancy. Dwelling – Row or Townhouse Means a building consisting of a series of three (3) or more dwelling units but not more than eight (8) units in a continuous row divided vertically into separate units by a common wall above grade, and where each unit has an independent entrance each of which has an independent entrance at grade. [See Figure 3.12] Dwelling – Seasonal Means a dwelling constructed as a secondary place of residence which is not intended for, or used for, or constructed for year-round living (i.e., is not winterized or insulated) and is not the principal place of residence of the owner or occupier thereof (e.g., cottage). Dwelling – Semi-detached Means a building on a single foundation divided vertically into two (2) separate dwelling units by
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a common wall. [See Figure 3.12] Dwelling – Single-detached Means a detached building containing one (1) principal dwelling unit, and may include a modular home. [See Figure 3.12] Dwelling – Tiny House Means a detached dwelling which is site-built or prefabricated and designed to provide a permanent residence for one or more persons, and is a building mounted on a foundation where any wheels have been removed. A tiny house shall not include a recreational vehicle or park model trailer. [See photos] Dwelling – Triplex Shall mean the whole of a dwelling that is divided horizontally and/or vertically into three separate dwelling units each of which has an independent entrance either directly from the outside or through a common entrance. [See Figure 3.12] Dwelling Unit Means a building or a portion thereof occupied or capable of being occupied as the home or residence of one or more persons, where food preparation and sanitary facilities are provided, but shall not include any part of a boarding house, hotel, motel, rental cottage or cabin, or similar commercial use of a private or semi-private building or structure. Examples of dwelling units include a single detached dwelling, an additional residential unit, and a single unit in a townhouse dwelling. Sleep cabins, and lofts-above-a-garage shall not be considered dwelling units. Dwelling Unit Area Means the net floor area of a dwelling unit measured within the interior faces of the exterior walls of the dwelling unit. The unfinished floor area in the basement shall not be included in the calculations of the dwelling unit area. Dwelling Unit, Bachelor or Studio Means a dwelling unit that does not have a specific room set aside for use as a bedroom, but is suitable as a residence.
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Figure 3.12: Examples of Dwelling Types
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3.E Easement Means the legal right acquired by contract to pass over, along, upon or under the lands of another and shall be deemed to include an easement for a water, sewer, gas or electricity generation facilities and transmission and distribution systems, communications facility, drainage works, and a street or road right-of-way. Electricity Generation Facilities and Transmission and Distribution Systems Means land, buildings, structures and facilities used for the production, installation, transmission and distribution of electrical power. Equestrian Establishment Means a commercial premise engaged in the operation of a horse-riding academy or horse-riding stables, horse training, handling care, and for the lodging of horses. Equipment Rental Establishment Means a commercial premise wherein the principal use is the rental of machinery, equipment, furniture, fixtures and other goods. Equipment and Vehicle Storage Yard - Industrial Means an uncovered area which is used for the storage of machinery and equipment for use in industrial and major construction undertakings, commercial vehicles, and other similar goods requiring large areas for outside storage. Limited repair of such machinery, equipment, vehicles and goods may be permitted in a building provided such repair is clearly incidental and secondary to the storage use. Erect Means to build, construct, reconstruct, renovate, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. Established Building Line Means the average setback from the street line of existing buildings on one side of a continuous 100 m [328.1 ft.] strip of land where three (3) or more of the lots having street frontage upon the said side of the street have been built upon. An established building line shall not apply to any shoreline property. [See Figure 3.13] Established Grade Means the average elevation of the finished level of the ground adjoining all of the walls of the building or structure exclusive of any artificial embankments or berms. [See Figure 3.14]
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Figure 3.13: Established Building Line
Figure 3.14: Established Grade
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Electrical Charging Station Means a piece of equipment that supplies electrical power for charging plug-in electric vehicles including electric cars, electric trucks, electric buses, neighborhood electric vehicles, and plug-in hybrids. [See photo] Existing Means existing as of the date of the passing of this By-law. Exterior Side Lot Line – see Lot Line - Exterior Side Exterior Side Yard – see Yard, Exterior Side 3.F Factory Outlet Means a premise accessory to a permitted commercial use or industrial use where products and goods that are manufactured or produced on site by that commercial use or industrial use are kept for wholesale or retail sale on the same lot as the principal commercial use or industrial use. Fairground Means land devoted to entertainment, agricultural and related exhibits, competitive events, food concessions, a carnival or midway which are conducted on a seasonal or temporary basis and may include grandstands, barns and other accessory buildings and structures normally associated with such a use. Farm Means any land used for an agricultural use and includes apiaries, aviaries, berry or bush crops, breeding, raising, training or boarding of livestock, commercial greenhouses, farms devoted to the hatching, raising and marketing of chickens, turkeys or other fowl or game birds, animals, fish or frogs, farms for grazing, flower gardening, field crops, goat or cattle dairies, growing, raising, picking, treating and storing of vegetables or fruit produced on the premises, nurseries, orchards, riding stables, or uses or enterprises as are customarily carried on in the field of general agriculture. Farm, Hobby Means land on which a farm may be operated primarily for recreational purposes or for home consumption by the occupants of the dwelling on the same lot, and which is clearly secondary and accessory to the permitted use. A hobby farm may also include a farm produce outlet. Farm, Livestock – see Livestock Facility Farm, Mushroom – see Commercial Mushroom Growing Operation Farm Produce Outlet Means a use accessory to a farm or a hobby farm which consists of the retail sale of agricultural
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products produced on the farm where such outlet is located. Farm Related Commercial/Industrial Uses – see Agriculturally Related Commercial/Industrial Uses Farm Vacation Establishment Means an accessory use in a private single detached dwelling in which guest rooms are provided for gain as temporary accommodation on a daily basis for the vacationing public interested in learning or participating in the operation of a farm. Farmer’s Market Means land, buildings and structures where the farm products primarily produced in the Township and surrounding area are sold at retail from covered or uncovered areas designed for individual retailers. 1. An occasional or periodic market or sales event held in an open area, which may include a street, or within a building or structure where independent sellers offer goods, new and used, for sale to the public, but not including private yard sales, and/or 2.
A premise in which stalls or sales areas are set aside and which are intended for use by various individuals to sell goods, and/or
A building or open area where food preserves or fresh produce or prepared foods are sold, but does not include a restaurant.
Farming Use – see Agricultural Use Fence Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick or other similar materials or combinations of such materials which is erected for the purpose of screening, safeguarding, retaining or enclosing property or delineating property lines. [See also Section 4.15] Fish Culture Station Means the use of a water body for the production of cold water or warmwater fish in a hatchery or rearing station. Fish Habitat Means the spawning grounds and nursery, rearing, food supply, and migration areas which fish depend directly or indirectly in order to carry out their life processes. Fishing Camp – see Camp (Hunt Camp, Fishing Camp) Fitness Centre Means a commercial premise in which facilities are provided for recreational or health related activities including but not limited to weight training and exercise classes and may include associated facilities and services such as a lounge, washrooms, showers, and saunas, a day spa, an administrative office, a cafeteria and an accessory retail outlet for fitness-related attire, equipment
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and dietary supplements. Flag Lot Means a lot with two distinctive parts: 1. The flag, which is the only area to be used for the building envelope; and is located behind another lot; 2.
The pole, which connects the flag to a public street, an provides the only lot frontage for the lot, and
The pole and the flag are registered as one lot. [See photo]
Flea Market Means: A premise where goods are offered or kept for sale at retail to the general public but shall not include any other retail establishment otherwise defined herein; 4.
An occasional or periodic market or sales event held in an open area, which may include a street, or within a building or structure where independent sellers offer goods, new and used, for sale to the public, but not including private yard sales; and/or
A premise in which stalls or sales areas are set aside and which are intended for use by various individuals to sell goods; and/or
A building or open area where food preserves or fresh produce or prepared foods are sold, but does not include a restaurant.
A flea market does not include a yard sale.
Floatplane Hangar Means an enclosed building either fixed or floating which is designed to house or keep a float plane. Floodline or Flood Elevation Means the topographic elevation above sea level established by a one-in-one-hundred-year storm as established by flood plain mapping or by the appropriate public authority. Flood Plain Means, for river stream and small inland lake systems, the area, usually low lands adjoining a water body, at a lower elevation than the floodline.
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Flood Proofing Means a combination of structural changes and/or adjustments incorporated into the basic design and/or construction or alteration of individual buildings, structures or properties subject to flooding so as to reduce or eliminate flood damages.
Figure 3.15: Gross Floor Area
Floor Area - Gross Means the total area of all floors contained within a building measured between the exterior faces of the exterior walls of the building and where there are no walls the total area of a floor within the outer perimeter of the floor. [See Figure 3.15]
Floor Area - Net Means usable or habitable space above or below grade, measured from the interior face of the exterior walls of the building or structure but shall not include: 1.
Any private garage, porch, veranda, and unfinished basement, cellar or attic;
Any part of the building or structure below grade which is used for building services, storage or laundry facilities;
Any part of the building or structure used for the storage or parking of motor vehicles; and
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4.
Any part of the building used in common by the tenants of the building such as a mall, aisle or hallway, elevator shaft or lobby, stairwell, any washroom, boiler room, maintenance room, mechanical or electrical room, and any automobile parking facilities provided within the building.
Forestry Use Means the general growing, management and harvesting of wood and shall include the growing and harvesting of fuel wood, pulpwood, lumber, Christmas trees, other forestry products and silviculture practices. Fortified Building Means a facility, building or structure or part thereof used, constructed and/or built with fortified elements or protective elements. Front Lot Line - see Lot Line, Front Front Yard - see Yard, Front Frontage - see Lot Frontage Fuel Depot Means land, buildings or structures used for the bulk storage, distribution and sale of gasoline, propane, heating oil, motor oil and other fuel products. Full Municipal Sewage and Water Services – see Sewage Disposal and Water Systems Funeral Parlour Means a commercial premise wherein undertaking services are offered and may include accessory activities such as the sale of caskets and funeral accessories, a chapel or parlour provided such activities are clearly secondary and incidental to the main undertaking service. 3.G Garage – Detached Private Means a fully enclosed accessory building or portion of a main building including a carport which is designed or used for parking or storage of one (1) or more motor vehicles of the occupants of the premises and in which there are no facilities for repairing or servicing of such vehicles for profit or gain. Garden Centre Means a commercial premise primarily used for the sale of plants, of gardening equipment, gardening products and planting and landscaping materials. Garden Suite Means a one-unit detached residential building containing sanitary and kitchen facilities that is
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ancillary to an existing residential building and that is designed to be portable, but shall not include a recreational vehicle. Gasoline Bar Means one or more pump-islands, each consisting of one or more gasoline/diesel/bio-fuel fuel pumps, and may include a propane retail sales service and an accessory building or structure used for transacting sales and may include the sale of automotive accessories and related products, tobacco, snacks and beverages, lottery tickets, newspapers and may include other accessory features such as a comfort station and ATM. [See also Auto Service Station] Gasoline Card Lock Facility Means one or more pump islands designed for the retail sale of gasoline or diesel fuel using pumps which are operated automatically by credit or debit cards. Gazebo Means a
Figure 3.16: Gazebo
freestanding, roofed accessory structure which is not enclosed, except for transparent screening (e.g., glass, netting) and which is utilized for the purposes of relaxation in conjunction with a principal use but shall not include any other use or activity otherwise defined or classified herein. [See Figure 3.16]
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Geothermal Power Facility Means a heating facility such as a heat pump whose energy source is naturally created from the earth’s crust. Golf Course Means a public or private area operated for the principal use of playing the sport of golf but may also include a driving range and such accessory buildings and structures as are necessary for the operation and maintenance of the golf course including club house facilities, a restaurant, banquet, conference and other uses of a social, recreational and entertainment nature normally associated with golf course development. Granny Flat - see Garden Suite Green Energy Industries Means a building or structure in which products are manufactured for the generation of electricity from non-polluting or renewable source (i.e., wind, sun, geothermal, biomass). Products manufactured by a renewable energy industry may include but are not limited to solar panels, wind turbines, geothermal equipment, and parts or components thereof. Green Roof Means a roof of a building where part of or the entire surface of the roof is intentionally covered with vegetative material. [See illustration] Greenhouse Means a building used for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse. Greenhouse, Commercial Means a commercial premise used for the growing of flowers, vegetables, shrubs, trees, and similar vegetation for wholesale or retail sale. This definition shall not include any premises for the growing of mushrooms. Ground Floor Means the floor that is level with or immediately above grade. Group Home Means a single housekeeping unit in a residential dwelling, which is registered with the Municipality, in which persons (excluding supervisory or operating staff) live together under responsible supervision consistent with the requirements of its residents for a group living 38 Township of Central Frontenac Zoning By-law
arrangement and which is licensed and/or approved under Provincial Statutes and in compliance with municipal by-laws. [See also Crisis Care Facility] Guest Cabin – see Sleep Cabin Guest Room Means a room or suite of rooms, which contains no facilities for cooking and which is used or maintained for gain or hire by providing accommodation. 3.H Habitable Room Means a room in a dwelling used or intended to be used primarily for human occupancy. Habitat of Endangered and Threatened Species Means habitat within the meaning of Section 2 of the Endangered Species Act, 2007. Hereafter Means after the date of the passing of this By-law. Hazardous Lands Means property or lands that could be unsafe for development due to naturally occurring processes. Along river, stream and small inland lake systems, this means the lands in the flood plain, or subject to a flooding hazard or erosion hazard and shall include unstable soils and unstable bedrock. Hazardous Sites Means property or lands that could be unsafe for development and site alteration due to naturally occurring hazards. These may include unstable soils (sensitive marine clays [leda], organic soils) or unstable bedrock (karst topography). Hazardous Substances Means substances which, individually, or in combination with other substances, are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide array of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological. Height Means the vertical distance between the established grade at the base of a building or structure and in the case of a flat roof, the highest point of the roof surface or parapet wall, whichever is the highest, or in the case of all other types of roofs, the mean height level between the base of the roof and highest point of the roof. [see Figure 3.17]
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Heliport or Helipad
Figure 3.17: Height
Means a landing area or pad used for the landing and take-off of helicopters and shall include all necessary and incidental emergency services facilities, fuelling facilities and passenger and cargo facilities. Herein Means in this By-law, and shall not be limited to any particular section of this By-law. High Water Mark Means the mark made by the action of water under natural conditions on the shore or bank of a body of water body, 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. Features shall also include a natural line or mark impressed on the bank or shore or rock, or other distinctive physical characteristics. [See also “Shoreline”] Highway Means a highway under the jurisdiction of the Province of Ontario. Hydro Corridor Means any land owned by Hydro One Networks Inc. or other publicly owned utility, the primary purpose of which is the distribution of electrical power and energy, and on which are located wires, cables, poles or towers. Hobby Farm – see Farm, Hobby Holding Zone Means a zone established under the enabling authority of Section 36 of the Planning Act where uses may be permitted subject to meeting certain conditions set out in the Official Plan. Home for the Aged – see Continuum-of-Care Facility Home Based Business Means a privately operated legal occupation, enterprise or business which is carried out as a use clearly accessory use to a dwelling unit for pursuits conducted by the occupant thereof and any employees and is compatible with a domestic household. [See also Section 4.20] [See also
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Live/Work Unit] Home Occupation – see Home Based Business Hotel Means a building designed or used for the accommodation of the travelling and vacationing public, with or without accessory uses such as a restaurant, meeting rooms, swimming pool, facilities for the temporary exhibition and sale of goods on an intermittent basis, premise licensed under the Liquor License Act and includes any establishment containing guest rooms which is defined as a “Hotel” in the Hotel Registration of Guests Act, R.S.O.1990, H.17and shall also include a motel and hostel. Hunt Camp – see Camp (Hunt Camp, Fishing Camp) 3.I Individual On-Site Systems – see Sewage Disposal and Water Systems Industrial Uses, Light - Class I Industry Means a place of business for a small-scale, self-contained plant or building which produces, manufactures, assembles or stores a product which is contained in a package and has a low probability of fugitive emissions such as noise, odour, dust and vibration. Such industries operate in the daytime only with infrequent movement of products and/or heavy trucks and no outside storage. Examples include: electronics manufacturing and repair, high technology industries, furniture repair and refinishing, beverage bottling, package and crafting services, small scale assembly, auto parts supply. ‘Light Industrial Uses’ or ‘Class I Industry’ is a classification and other uses defined in this By-law may be classified as such. Industrial Uses, Medium - Class II Industry Means a place of business for medium scale process and manufacturing with outdoor storage of wastes or materials and where there are periodic or occasional outputs of fugitive emissions e.g., noise, odour, dust and/or vibration. Shift operations occur and there is frequent movement of products and /or heavy trucks during daytime hours. ‘Medium Industrial Uses’ or ‘Class II Industry’ is a classification and other uses defined in this By-law may be classified as such. Industrial Uses, Heavy - Class III Means a place of business for uses characterized as having emissions such as noise, smoke, odour, fumes or vibrations or extensive outside storage as part of their normal operations. Such uses include sawmills, pulp and paper mills, refineries, smelting operations and similar uses which are intended to be secluded from residential or other sensitive land uses in order to limit any potential adverse effects on the environment or the surrounding areas and public health. ‘Heavy Industrial Uses’ or ‘Class III Industry’ is a classification and other uses defined in this By-law may be classified as such. Institutional Use Means the use of land, buildings and structures used for a non-profit, non-commercial purpose
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for governmental, educational, charitable, fraternal, religious and other public services. This definition may include a municipal or government office, library, school, college, university, health care facility, place of worship, convent, monastery or similar use. Interior Lot – see Lot, Interior Junk Yard - see Wrecking Yard
3.K Kennel, Commercial Means a commercially operated building or structure where dogs, cats or other small animals are kept, trained, bred or boarded, but does not include an animal shelter. [See also Animal Shelter] [See also Section 4.22] 3.L Landscaped Open Space Means: A combination of trees, shrubs, flowers, grass or other horticultural elements, together with decorative stonework, paving, screening or other architectural elements, all of which is designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable adjacent land use; and Does not include parking areas, traffic aisles or driveways or ramps for vehicles. [See also “Open Space”] Lane Means: 1.
A subsidiary thoroughfare providing access from within a lot, principally from parking or loading spaces or from a lot to a public street; or
A subsidiary public thoroughfare for the sole use of pedestrians and connecting public streets, open spaces or buildings.
Laundromat Means a self-serving clothes washing establishment containing one or more washers and drying, ironing, finishing and other incidental equipment, and may include a laundry receiving depot. Library Means a building or part thereof where educational material (e.g., books, films, music, audiovisual, magazines) are made available for public display and are lent to the public. Licensed Cannabis Production Facility
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Means the use of land, buildings or structures for the cultivation, processing, testing, destructions, packaging and shipping of marijuana used for medical purposes as approved and regulated by Health Canada. Livestock Facility Means one or more barns or permanent structures with livestock-occupied portions, intended for keeping or housing of livestock. A livestock facility also includes all manure or material storage and anaerobic digesters. [See Minimum Distance Separation Formulae Implementation Guidelines] Livestock Sales Outlet Means a building or structure where livestock are bought and sold. Live/Work Unit Means a single unit which is specifically designed to include both commercial/business floor space and a residential component that is occupied as the principal residence of the business operator. The business component may be located within the residential unit or an accessory building on the same lot. Live/work units may be established through the conversion of an existing dwelling or commercial use or through new construction. [See illustration] Loading/Delivery Space Means a space or bay located on a lot or within a building which is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise, or materials in connection with the use of the lot or any building thereon, and which has unobstructed access not necessarily in a straight line to a street. Also means an unobstructed area of land which is used for the temporary parking of one or more commercial motor vehicles while merchandise or materials are being loaded or unloaded from such vehicle. Loft-Above-a-Garage Means the portion of a garage located above the vehicle storage area of the building and is used for sleeping accommodation in which cooking facilities shall not be provided but may contain sanitary facilities. [See photo and also Sleep Cabin] Log Hauling Operation Means an area of land and/or building of a logging contractor where equipment and materials are stored and may include repairs to logging equipment belonging to the logging operator or contractor. Logging Yard Means the use of land and accessory buildings and structures for the storage, packaging, sizing, splitting, grading and sorting, cutting, trucking, equipment repairing, shipping and receiving of commercial timber, sawdust and bark.
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Long Term Care Facility – see Continuum-of-Care Facility Lot Means a parcel or tract of land, within a registered plan or subdivision or described in a deed or other legal document, that is capable of being legally conveyed in accordance with the Planning Act.
Refreshment Sales Vehicle Means a vehicle or portable structure which may be licensed by the Municipality and is equipped for the preparation, storage, heating, cooking, cooling or sale of foodstuffs and beverages within or from the vehicle or portable structure and may include exterior seating (e.g., picnic tables) but does not include any structural additions that would render the vehicle or structure immovable. Lot Area Means the total horizontal area measured within the limits of the lot lines of the lot. Lot, Corner Means a lot situated at an intersection of two (2) or more streets, or at the intersection of two parts of the same street which have an interior angle or intersection of not more than one-hundred-andthirty-five degrees (135º). [See Figure 3.18] Where such street lines are curved, the angle of intersection of the street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the side lot lines. In the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents. [See Figure 3.18] Figure 3.18: Lot Definitions
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Lot Coverage Means the percentage of the lot area covered by the ground floor area of all buildings located on the lot, and shall include the landbased building area of a marine facility. [See Figure 3.20] Figure 3.19: Lot Frontage and Lot Depth Lot Depth Means the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, lot depth means the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. If there is no rear lot line, lot depth means the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines. [See Figure 3.19]
Figure 3.20: Lot Coverage Lot Frontage Means the horizontal distance between the side lot lines. Where such side lot lines are not parallel, it shall be the width of a lot measured between the intersections of the side lot lines with a line 7.5 m [24.6 ft.] back from and parallel or concentric
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to the front lot line. Arc distances shall apply on curved lines. [See Figure 3.19] Lot, Interior Means a lot other than a corner lot or a through lot which is situated between adjacent lots and has frontage on a public street. [See Figure 3.18] Lot Line Means a boundary line of a lot. [See Figures 3.18 and 3.19] Lot Line - Exterior Side Means a lot line located between the front and rear lot lines and dividing the lot from a street [See Figure 3.18]. Lot Line, Front Means: 1.
In the case of an interior lot, the line dividing the lot from the street line, street allowance or private road. [See Figures 3.18 and 3.19]
In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line.
In the case of a corner lot with two street lines of equal lengths, the lot line that abuts the wider street, or abuts a Provincial highway shall be deemed to be the front lot line, and in the case of both streets being under the same jurisdiction and of the same width, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line.
In the case of a lot with water access only, the front lot line shall be on the water side. In the case of a through waterfront lot with water access only, the longest shoreline shall be deemed to be the front lot line.
In case of a lot with frontage on a public street or private road and on a water body, the front lot line shall be measured both on the street line and on the water side.
In the case of a corner lot abutting a 0.3 m [0.98 ft.] reserve or other reserve, the lot line so abutting the reserve shall be deemed an exterior lot line and the other lot line abutting the street shall be deemed to be the rear lot line.
In the case of a private road, the lot line adjacent to the private road shall be deemed to be the front lot line.
In all other cases not described above, the front lot line shall be deemed to be where the principal access to the lot is approved.
Lot Line, Interior Side Means a lot line other than a front, rear or exterior side lot line. [See Figure 3.18] 46 Township of Central Frontenac Zoning By-law
Lot Line, Rear Means the lot line furthest from, and opposite to, the front lot line. [See Figures 3.18 and 3.19] Lot, Through Means a lot having a frontage on two parallel or approximately parallel streets. [See Figure 3.18]. Lot, Waterfront Means a lot that abuts a navigable waterway or body of water. [See Figure 3.21] Lot, Width Means the average horizontal dimension between the two (2) longest opposite side lot lines. Lumber Yard Means lands, buildings and structures where the primary use is the storage of construction grade wood and building supplies for sale at retail or wholesale. 3.M Main Wall Means any exterior wall of a building and all structural members essential to the support of a fully enclosed space or roof exclusive of permitted projections. Manure or Material Storage Means permanent storage, which may or may not be associated with a livestock facility containing liquid manure (<18% dry matter), solid manure (≥ 18% dry matter), or digestate (< 18% dry matter).
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Figure 3.21: Waterfront Lots
48 Township of Central Frontenac Zoning By-law
Maple Syrup Processing Establishment Means land, buildings and/or structures used to collect, manufacture, and/or store maple syrup products produced on the property where such use is established. This shall also include the retail sales of maple syrup products as part of a home based business as defined in this By-law. Marina Means a commercial premise with or without docking facilities where boats are moored, berthed, constructed, stored, serviced, repaired or kept for sale or rent and where the facilities for the sale of boat accessories, marine fuels, marine equipment, lubricants, bait as well as the sale of foods, provisions or supplies as an accessory use may be provided. A marina may also have sewage pump-out facilities for water vehicles. Marine Facility Means a non-commercial accessory building or structure which is used to moor, berth, or store a boat. This definition may include a boat launch, a boat lift, marine railway, dock or boat house, but does not include any building used for human habitation or a marina. A marine facility shall also include a water intake facility and any flood or erosion control structure. No part of a marine facility may be used as a dwelling unit. Material Storage – see Manure or Material Storage Medical Clinic - see Clinic Medical Marijuana Facility Means a commercial premise approved and regulated under the Canada Food and Drugs Act and associated Food and Drug Regulations. Microbrewery Means a commercial premise where beer is produced at a small scale. A microbrewery may be permitted to sell the product that is produced on-site provided that there is no consumption of the purchased product on-site other than sampling. A bar, pub or brewpub shall not be considered a microbrewery. A microbrewery may also sell retail items directly related to the operation on-site. [See also Distillery] Micro-cultivation Means the small scale growing of cannabis plants and harvesting material from those plants, as well as associated activities. Mine Hazard Means any feature on a mine as defined under the Mining Act or any related disturbance of the ground that has not been rehabilitated. [See also Section 4.25] Mineral Aggregate Operation Means: 1. Lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act, or successors thereto; and
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2.
Associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products.
Mineral Deposits Means areas of identified minerals that have sufficient quantity and quality based on specific geological evidence to warrant present and future extraction. Mineral Mining Operation Means a mining operation and associated facilities, or, a past producing mine with remaining mineral development potential that has not been permanently rehabilitated to another use. Miniature Golf Course Means land, building or structure or any part thereof operated for profit or gain in which facilities are provided to simulate the game of golf or any aspect of the game on a small scale, but does not include a golf ball driving range. Mini Warehouse and Public Storage – see Self Storage Facility Minimum Distance Separation Formulae I and II Means formulae developed by the province to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. [See also Section 4.26.4] Mobile Home – see Dwelling, Mobile Home Mobile Home Park Means land which has been provided and designed for the location thereon of two (2) or more occupied mobile homes. Mobile Home Lot or Site Means an area, similar to a lot, located in a mobile home park, intended to be or occupied by a mobile home or a permitted accessory use. Mobile Home Yard Means a line similar to a front yard, rear yard, interior side yard or exterior side yard as applied to a mobile home lot or site. Modular Home – see Dwelling, Modular Home Motel Means a commercial premise designed or used throughout all or part of a year that caters to the accommodation of the traveling or vacationing public, containing one or more guest rooms, including all such establishments as defined from time to time by the Hotel Registration of Guests Act, R.S.O. 1990, c. H.17, as amended. A motel may include accessory uses such as a restaurant, meeting rooms, swimming pool, facilities for the temporary exhibition and sale of goods on an
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intermittent basis, and premises licensed under the Liquor License Act. ([See also Hotel and Tourist Establishment] Motocross Circuit Means an off-road racing facility conducted on an outdoor enclosed dirt circuit over primarily natural, outdoor terrain and may include spectator facilities such as grandstands or concourses and fast-food concessions. Motor Home - see Recreational Vehicle Motor Vehicle – see Vehicle Municipality Means the Corporation of the Township of Central Frontenac. Museum Means an institutional use that is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public for its instruction and enjoyment, a collection of artefacts of scientific, natural, artistic, or historical interest, or other interests.
3.N Natural Heritage Features and Areas Means features and areas, including significant wetlands, fish habitat, habitat of endangered and threatened species, significant wildlife habitat and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. Nature Trail Means an area used for walking, hiking, cross-country skiing, nature appreciation and similar nonmotorized recreational travel. Negative Impacts Means: In regard to fish habitat, the harmful alteration, disruption or destruction of fish habitat, except where it has been authorized under the Fisheries Act, using the guiding principle of no net loss of productive capacity. 1.
In regard to water, degradation to the quality and quantity of water, sensitive surface water features and sensitive ground water features, and their related hydrologic functions, due to single, multiple or successive development or site alteration activities; and
In regard to other natural heritage features and areas, degradation that threatens the health and integrity of the natural features or ecological functions for which an area is identified due to single, multiple or successive development or site alteration activities.
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Non-Complying Means any existing building, structure or lot which does not comply with the zone regulations and standards of this By-law. [See also “Non-Conforming” and Section 4.27] Non-Conforming Means any existing use, building, structure or lot which does not conform with the permitted use provisions of any zone in this By-law. [See also “Non-Complying” and Section 4.28] Non-residential Zone Means any of the C, CR, CL, M1, M2, MX, WMF, EP, MR, OS or H zones. Normal High-Water Mark – see High Water Mark Nursery Means land and structures used for the growing of sod, flowers, bushes, trees, or other gardening, landscaping, or orchard stock for wholesale or retail sale. [See also “Greenhouse, Commercial”] Nursing Home – see Continuum-of-Care Facility Nursing or Convalescent Home - see Continuum-of-Care Facility Nursery - see Commercial Greenhouse, Nursery or Garden Centre Nutrient Unit Means an amount of nutrients that give a fertilizer replacement value of the lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient (as defined in Ontario Regulation 267/03 made under the Nutrient Management Act) and correlates to the number of types of livestock for a given nutrient unit. 3.O Obnoxious Uses Means substances or wastes which, individually, or in combination with other substances, are normally considered to pose a danger to public health, safety and the environment (i.e., materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological) and which are not otherwise permitted under an environmental compliance approval issued under the Environmental Protection Act. [See also Hazardous Substances] Occupancy Permit Means a permit issued under the authority of the Planning Act (Section 34 [6]) by the Chief Building Official which indicates that the proposed use of land or any building or structure on any such land is in conformity with this By-law. Office Means a commercial premise used for the purpose of providing accommodation for the
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performance and transaction of business including administrative, clerical and professional activities but shall not include the manufacturing of any product. Official Plan Means the Official Plan of the Township of Central Frontenac planning area or parts thereof and amendments thereto. On-farm Diversified Uses Means uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home based businesses, agritourism uses, a micro-brewery, an on-farm retail shop or café, a farm produce outlet, a farm event venue (i.e., barn dance, wedding venue, hay and sleigh ride) and uses that produce value-added agricultural products (i.e., farm-based bakery, preserves and fish or meat products). Groundmounted solar facilities or a solar farm are permitted in prime agricultural areas, including specialty crop areas. Open Space Means the open, unobstructed space on a lot including landscaped areas, pedestrian walkways, patios, swimming pools or similar areas but not including any driveway, ramp, parking spaces or aisles, loading spaces or manoeuvring areas and similar areas. [See also “Landscaped Open Space”] Open Storage Means the storage of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof. This definition shall not include the open storage of goods or equipment incidental to a residential occupancy of a lot, a parking area or parking space or the outdoor display of a limited number of samples of goods, merchandise or equipment for the purpose of sales and advertisement. [See also Section 4.30] Order Station Means an ordering box, service window, display board and any other device, including communication equipment, used by the public and operator to facilitate sales and/or services in a drive-through facility. Outdoor Display Means an area set aside outside of a building or structure, other than a parking area, loading space or parking space which is used in conjunction with a business located within the building or structure on the same property, for the display of goods, merchandise, equipment, and seasonal produce and products and may include garden supplies and Christmas trees, new merchandise or the supply of services. [See also Section 4.30] Owner Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or interest in land, a trustee in whom the land is vested, a committee of the estate of a mentally incompetent person, an executor, an administrator or a guardian.
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3.P Park Means an area of land, whether enclosed or not, maintained by the Municipality or other public authority for the enjoyment, health and well-being of people and open to the public with or without charge and, for the purposes of this definition, includes a Provincial Park or Conservation Area with or without campground facilities. Park - Private – see Recreational Commercial Establishment Park Model Trailer – see Dwelling – Park Model Trailer Parking Area Means a lot or portion thereof required in accordance with the provisions of this By-law for the temporary storage or parking of motor vehicles, non-motorized vehicles (e.g. bicycles, horse carriage), boat trailers, snowmobiles, allterrain vehicles and recreational equipment that are accessory or incidental to uses in all zones, and shall not include a parking lot - commercial, a lot for the sale or lease of motor vehicles or the storing of impounded or wrecked vehicles. Parking Lot - Commercial Means a lot or portion thereof used for the temporary storage or parking of four (4) or more vehicles for compensation or for free but does not include a lot for the sale or lease of motor vehicles or the storing of impounded or wrecked vehicles. Parking Space Means an area used for the temporary parking of one (1) vehicle or one horse and buggy. Parking Space, Barrier-Free Means a parking space for the temporary parking of a motor vehicle used by a handicapped or disabled person [see photo]. Partial Services – see Sewage Disposal and Water Systems
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Patio Means a surfaced, open space of land at grade adjacent to a residential use which is used as an extension to the interior of the home for private entertainment or leisure activities and is uncovered. In a commercial setting, means an outdoor eating area accessory to a restaurant where, on a seasonal basis, food and/or refreshments prepared on the premises are consumed. Permitted Means permitted by this By-law. Permitted Use Means a use which is permitted in the zone where such use is located. Person Means 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. Personal Service Establishment Means a commercial premise wherein a personal service is performed. This definition may include a barber shop, beauty salon, aesthetician, shoe repair, photography store, laundromat or a drycleaning establishment or a similar use, but excludes any manufacturing or fabrication of goods for sale. Pet Grooming Establishment Means a commercial premise wherein cleaning, clipping and grooming services are provided for domestic pets, but shall not include an animal shelter or kennel. Pet Shop Means a retail store for the display, care and sale of domestic animals and pet foods and pet care supplies. Pharmacy – see Retail Store Pit – see Quarry or Pit Place of Amusement Means a commercial premise operated for gain or profit wherein amusement facilities are provided such as but not limited to an arcade, billiard room, pinball machines and video games, laser tag, indoor mini golf or an amusement park but does not include an adult entertainment parlour, casino or bingo hall. [See also Adult Entertainment Parlour and Bingo Hall] Place of Assembly Means a building specifically set aside for and primarily engaged in the operation of arts and craft shows, trade fairs, fashion shows, meetings, banquets, and similar activities such as but not limited to community centres, assembly halls, and convention facilities.
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Place of Worship Means a building or an open area dedicated to religious worship, and may be used for other supportive uses such as a centre for the arts, a community hall, an accessory residential use, a library and similar uses, but does not include a manse or rectory where established on a separate lot. Playground Means a park or part thereof which is equipped with active recreational facilities oriented to children. Porch or Veranda Means a single storey roofed structure which is structurally dependent on and projecting from a dwelling with walls that are open and unenclosed and may contain mesh screening for insects and is used only as an outdoor unwinterized living area but does not include a deck as defined. Portable Asphalt/Concrete Plant Means a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving materials and/or to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process, which is not of permanent construction but is designed to be dismantled and moved to another location as required. Premise Means the area of a building and lot occupied or used by a business or enterprise, or organization. In a multiple tenancy building occupied by more than one business, each business area shall be considered a separate premise. [See also Commercial Use or Commercial Premise] Principal Use Means the primary purpose for which a lot, building or structure is used or intended to be used. Printing and Publishing Establishment Means a commercial premise used by one or more persons who are employed in customer service, graphic design and production and conducting of an activity specifically undertaken to aid individuals or an industrial or commercial office with a variety of branding and publishing of printing products including but not limited to stationary, maps, guidelines, pamphlets, flyers or similar products and may include document finishing, laminating, packaging, receiving and distribution. Private Airfield – see Airfield, Private Private Club Means a building or part of a building used as a meeting place by an association of persons who are bona fide members, which owns, hires or leases the building or part thereof, the use of such premises being restricted to members and their guests for social, cultural, recreational, business or athletic purposes, but does not include a fortified building.
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Private Communal Sewage Services Means a sewage works within the meaning of Section 1 of the Ontario Water Resources Act that serves six (6) or more lots or private residences and is not owned by a Municipality. Private Communal Water Services Means a non-municipal drinking-water system within the meaning of Section 2 of the Safe Drinking Water Act, 2002 that services six (6) or more lots or private residences. Private Garage – see Garage, Detached Private Private Road Means a private right-of-way over private property which affords access to at least two (2) abutting lots, or a road created through the registration of a plan of condominium and which is not maintained by a Public Authority. This may include an unassumed or unmaintained public street as governed by Section 4.18 of this By-law. Private School – see School, Private Public Access Point Means public land designated by a public authority and developed and maintained by a public authority as a public access to a navigable water body. [See also Marine Facility] Public Authority Means the Township of Central Frontenac and any Boards or Commissions thereof and any Ministry or Department of the Governments of Ontario or Canada, the County of Frontenac or other similarly recognized public utility or agencies established or exercising any power or authority under any special or general statute and includes any committee or local authority established by By-law of Council. Public Service Use Means a building, structure or lot used for public services by the Township of Central Frontenac or the County of Frontenac and any Boards or Commissions thereof, and any Ministry or Commission of the Governments of Ontario and Canada, any communications facility, any telephone, telecommunications or railway company, any company supplying natural gas, Hydro One Networks Inc., any conservation authority, public utilities company or similarly recognized agencies. Public Storage – see Self Storage Facility Public Street or Street Means a public or common roadway or highway affording the principal means of access to abutting properties which is open and maintained by a public authority and which will allow normal vehicular access to adjacent properties.
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Public Utility Means a water works or water supply system, sewage works, electricity generation facilities and transmission and distribution systems, a street lighting system, a natural or artificial gas works or supply system, a transportation system, a telephone system, a scientific research system, a communications facility, and includes any lands, buildings or equipment required for the administration or operation of any such system and which is operated by a public authority or a publicly governed company or authorized by a publicly governed company. 3.Q Quarry or Pit Means land or land under water from which unconsolidated aggregate such as soil, earth, clay, marl, sand, gravel or consolidated rock or mineral is being or has been excavated in order to supply material for construction, manufacturing or industrial purposes but shall not include rehabilitated land or an excavation incidental to the erection of a building or a structure for which a building permit has been granted by the Corporation, or an excavation incidental to the construction of any public works. 3.R Reconstruction Means to re-build, erect, place, reconstruct, relocate, repair or assemble a previously existing building or structure to a habitable or useable condition which may include complete replacement, and may also include: 1.
Any preliminary operation such as excavating, filling or draining;
Altering any existing building or structure by an addition, enlargement, extension or other structural change; or
Any work which requires a building permit.
‘Reconstructed’ and ‘reconstruction’ shall have corresponding meanings. For the purpose of this definition, reconstruction/renovation/restoration shall include the complete replacement of a building or structure. Recreational Commercial Establishment Means a commercial premise where any recreational, social or cultural uses are operated commercially for profit on lands in private ownership, such as health clubs, open or enclosed skating or curling rinks, open or enclosed pools, open or enclosed badminton or tennis courts, squash courts, bowling alleys, gymnasia, band shell or open theatre, and other similar uses but does not include a casino, bingo hall, or golf course. Recreational Vehicle Means any motor vehicle so constructed that is suitable for being attached to a motor vehicle for the purpose of being drawn or is propelled by the motor vehicle and is capable of being used for living,
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sleeping, eating or accommodation of persons on a temporary, transient or short-term basis, even if the vehicle is jacked up or its running gear is removed. Examples include a motor home, tent trailer, a camper trailer, a recreational trailer, a fifth wheel or a bus converted into a motor home. For the purposes of this definition, a recreational vehicle shall be considered a structure for the purposes of establishing setbacks only. A recreational vehicle shall not be deemed to include a mobile home, a park model trailer or a manufactured home. The definition of a recreational vehicle shall not be interpreted to include recreational equipment such as boats, boat or vehicle trailers, personal water craft, snowmobiles, all terrain vehicles (ATVs) or other equipment used for recreational purposes and which are normally stored or parked on a lot. Recreational vehicles shall be considered dwellings for the purposes of minimum distance separation where one (1) or more persons are able to sleep
and prepare and serve meals within the vehicle. [See photos] [See also Section 4.1.2] Recreational Vehicle Campground - see Campground Recreational Vehicle Sales and Storage Means a building and/or lot which is used for the display, storage and/or sale of boats, trailers, campers and other recreational vehicles or recreational equipment. Recreational Vehicle Repair Garage Means a building used for the repair, servicing, painting, refinishing, restoration or alteration of recreational vehicles and boats for gain or profit, but does not include a “Salvage Yard”. Recycling Depot or Transfer Station Means a waste management facility which serves as a temporary storage site for recycled products and other waste materials which will be transferred to another location for reuse or disposal. Redevelopment Means the removal or rehabilitation of buildings or structures from land and the construction, reconstruction or erection of other buildings or structures in their place. Refreshment Sales Vehicle Means a vehicle or portable structure which may be licensed by the Municipality and is equipped for the preparation, storage, heating, cooking, cooling or sale of foodstuffs and beverages within or from the vehicle or portable structure and may include exterior seating (e.g., picnic tables) but 59 Township of Central Frontenac Zoning By-law
does not include any structural additions that would render the vehicle or structure immovable. Renewable Energy System Means a system that generates electricity, heat and/or cooling from a renewable energy source. Renovate Means to strengthen, improve, repair, retrofit or restore to a better state any aspect of an existing building. Renovation shall not include the removal of more than 50% of the walls (wall studs) in a building. Renovation shall include the replacement of a foundation only where the foundation is structurally unsound as determined by the “Chief Building Official”. Residential Care Facility – see Continuum-of-Care Facility Residential Density Means the number of dwelling units per hectare of lot area. Residential Use Means the use of land, buildings or structures for human habitation. Residential Zone Means, for the purposes of this By-law, the General Residential (R1), Multiple Residential (RM) and Waterfront Residential (RW) zones of this By-law and lots zoned for residential use in the Rural (R) or Limited Service Rural (LSR) zone. Resource Centre, Non-profit Means a building or premise used for educational instruction, workshops, the delivery of learning programs, or meetings which benefit the community and others who visit and which use is not operated for gain or profit. Restaurant Means a building or structure or part thereof where food is prepared and offered for sale to the public for consumption within or outside the building or structure or off the premises. Restaurant, Take-out Means an establishment in which the design of physical facilities, the serving or packaging procedures permit or encourage the purchase of prepared, ready-to-eat foods intended to be consumed off the premises, and where the consumption of foods in motor vehicles on the premises is neither permitted nor encouraged. Retail Outlet Means a single retail store which is accessory to a permitted commercial use. Retail Store Means a building or part thereof wherein goods, wares, merchandise, substances or articles are offered for sale to the general public, and may include the limited storage and display of goods, wares, merchandise, substances or articles, and shall not include any other use defined herein.
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Retirement Home Means a commercial premise providing accommodation primarily for retired persons or couples where each private bedroom or living unit has a separate private bathroom and separate entrance from a common hall but where common facilities for the preparation and consumption of food are provided and common lounges, recreation rooms and medical care facilities may also be provided. Such a facility shall be for adults who are capable of living independently without nursing care. [See also Continuum-of-Care Facility] Riding School – see Equestrian Establishment Right-of-way - see Easement Road – see Public Street, see also Private Road Row House - see Dwelling, Row or Townhouse Rural Zone Means an R, RW, LSR, CR. M2, MX, WMF or MR zone. 3.S Salvage Yard Means a lot and/or buildings or portion thereof where used goods, wares, merchandise, articles, motor vehicles, machinery or parts thereof are processed or sold for further use, dismantled or abandoned. This definition may include a junk yard, a scrap metal yard, and an automobile wrecking yard on the premises. Satellite Dish/Receiver Means a structure designed and used for the reception of television signals relayed back to earth from a communications satellite to send or receive signals to or from a satellite. Sauna Means an accessory building or structure not exceeding 10 m2 [107.6 ft.2] in gross floor area wherein facilities are provided for the purpose of a sauna bath, either wet or dry, and may include a change/relaxation room, storage areas and a washroom, a shower but not a kitchen or sleeping facilities. Sawmill or Planing Mill Means a building, structure or area where timber is cut or sawed, either to finished lumber or as an intermediary step. Sawmill, Portable Means equipment which is portable (e.g., may be drawn by a vehicle) and is used on a temporary basis for the cutting of saw logs.
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School Means an institutional facility for education or instruction as defined in the Education Act or the Ministry of Training, Colleges and Universities Act. School, Private Means an educational establishment wherein teaching or instruction is offered for gain in such fields as academics, dancing, music, art, sports, business or trade, and any other such specialized school conducted for gain, and also includes such fields as a studio for photography and arts and crafts. A private school may be an elementary, secondary or adult school. Seating Capacity Means the number of persons which can be accommodated in a building or structure or part thereof in a seated position on chairs, benches, forms or pews. Self-Storage Facility Means a commercial building or part of a building wherein items are stored in separate, secured storage areas or lockers, and may include the exterior storage of water vehicles, recreational equipment and recreational vehicles. Semi-Detached Dwelling - see Dwelling, Semi-Detached Sensitive Land Use Means a use of land or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one (1) or more adverse effects from emissions or discharges generated by nearby facilities and includes, but is not limited to, a dwelling, day nursery, or an educational or health facility (e.g., school, hospital). A sensitive land use may be a part of the natural or built environment. Separation Distance Means the horizontal distance between buildings or structures and physical features measured from the closest point of the exterior wall or identifiable boundary of such building or structure, or of such physical structure. Service Outlet Means a commercial premise, whether in conjunction with a retail store or not, used for the repair and servicing of goods, commodities, articles or materials, but not the manufacturing thereof. Automotive repairs and services are not permitted under this definition. Setback Means: 1. With reference to a road or street, the least horizontal distance between the front lot line and the nearest building line; 2.
With reference to a water body, the least horizontal distance between the high-water mark of the water body and the nearest building line;
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3.
With reference to a building, structure or land use and not applicable under paragraph (1) or (2), shall mean the least horizontal distance from the building, structure or land use in question; and
With reference to a private road, shall mean the least horizontal distance between the edge of the travelled portion of the road or surveyed boundary and the nearest building line of any building or structure, or the limit of the road as shown and measured on a survey.
Sewage Disposal and Water Systems 1. Full Municipal Sewage and Water Services: Means piped sewage and water services that are connected to a centralized water and waste water treatment facility that are owned or operated by a municipality. 2.
Communal Services – see Private Communal Sewage Services and Private Communal Water Services
Individual On-Site Systems Means individual autonomous water supply and sewage disposal systems that are owned, operated and managed by the owner of the property upon which the system is located and which do not serve more than five residential units/lots.
Partial Services Means (a) Municipal sewage services or private communal sewage services and individual onsite water services; or (b)
Municipal water services or private communal water services and individual on-site sewage services.
Sewage Disposal System – see Sewage Disposal and Water Systems Shipping Container – see Storage Container Shooting Range or Rifle Club Means the use of land, buildings or structures for commercial or private recreational target practice, skeet shooting, gun or hunter safety instruction. Shoreline Means a lot line or portion thereof which abuts or parallels the high water mark of a water body [See also High Water Mark] Shoreline Activity Area Means an area along the shoreline of a residential or commercial lot that is designed and used for one or a combination of the following: a boat house, boat launch, dock, a float plane hangar. [See Section 4.27]
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Shoreline Buffer Zone Means a natural area, adjacent to a shoreline, maintained or re-established in its natural pre-development state, with the exception of minimal pruning of vegetation, the removal of trees for safety reasons, for the purpose of protecting natural habitat and water quality and minimizing the visual impact of buildings or structures on a lot, and may include the installation of a pathway or trail providing water access. [See Section 4.27] Shoreline Structure Means a boat house (wet or dry), a boat Figure 3.22: Sight Triangle port, a float plane hangar, a sauna or steam bath, a dock or wharf, a gazebo, a utility or storage shed or a viewing deck. Side Exterior Yard – see Yard, Side Exterior Side Interior Lot Line – see Lot Line, Side Interior Side Interior Yard – see Yard, Side Interior Side Yard – see Yard, Side Sight Triangle Means a triangular space, free of buildings, structures and obstructions, formed by the street lines abutting a corner lot and a third line drawn from a point on a street line to another point on a street line, each such point being the required sight distance of five (5) metres [16.4 ft.] from the point of intersection of the street lines as specified in this By-law. [See Figure 3.22] Sign Means any writing, letter work or numeral, any pictorial representation, illustration, drawing, image or decoration, any emblem, logo, symbol or trademark or any device with similar characteristics which: 1.
Is a structure, or part of a structure, or which is attached thereto or mounted thereon; and
Which is used to advertise, inform, announce, claim, give publicity or attract attention.
Significant Wildlife Habitat Means a wildlife habitat that is ecologically important in terms of features, functions, representation or amount, and contributing to the quality and diversity of an identifiable
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geographic area or natural heritage system. Skateboard Park Means a building or structure or part thereof or an area of land occupied by structures used in skateboarding, roller skating, rollerblading, BMX riding or other similar activities, such structures including ramps, half-pipes, rails, etc. A skateboard park may be part of a park. Sleep Cabin Means a one storey accessory building or structure, not exceeding 37 m² [400 ft.²] in gross floor area, located on the same lot as the main building or structure, which is used for sleeping accommodation in which cooking facilities are not permitted, but may contain sanitary facilities. [See also “Loft-Above-a-Garage” and “Garden Suite” and Section 4.2] Solar Collector Means a device consisting of photovoltaic panels that collect solar power from the sun. A solar collector may be ground mounted or rooftop mounted or a wall mounted device. [See photo] Solar Collector, Commercial Means a Class 3 ground mounted device with a name plate capacity of less than or equal to 10 kW consisting of photovoltaic panels that collect solar power from the sun. [See photo] Solarium Means a glassed-in structure or room projecting from an exterior or main wall of a building which may be used for sunning, therapeutic exposure to sunlight, or for a use where the intent is to optimize exposure to sunlight. Solid Waste Disposal Site – see Waste Management Facility Stacking Lanes Means an on-site lane for motorized vehicles which accommodates vehicles using a drivethrough facility that is separated from other vehicular traffic and pedestrian circulation. Stacking lanes may be separated by any combination of barriers, markings or signage. [See Figure 3.23]
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Figure 3.23: Stacking Lane
Figure 3.24: Storey
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Storage Container Means a pre-fabricated metal or steel accessory building used for the transport and and/or storage of storage of goods and materials but shall not include the body of a transport trailer, straight truck box or motor vehicle. [See photos]
Storey Means that portion of a building other than a cellar or basement included between the surface of any floor and the surface of the floor, roof deck, ceiling or roof immediately above it. [See Figure 3.24] Street – see Public Street, Private Road or Street Allowance Street Allowance Shall have a corresponding meaning to that of public street or private road. Street Line Means the limit of the road or street allowance and is the dividing line between a lot and a public street or private road. Structure Means anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground and, without limiting the generality of the foregoing, includes a recreational vehicle a sign, a swimming pool, and a deck. Studio Means a building or part thereof used: 1.
As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or artisan or any similar artist or craftsman, where unique articles are made or fabricated and includes the
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accessory retail sale of said articles produced at the property; and 2.
For the instruction of art, music, languages or similar disciplines.
Swimming Pool Means an open or covered pool designed to be used for swimming, wading, diving or recreational bathing which is at least 50 cm [19.6 in] in depth, and may include a hot tub, inflatable pool or whirlpool, but shall not include a natural dug or dammed pond intended for aesthetic or agricultural purposes. 3.T Tavern Means a building or part thereof where liquor, beer or wine are served for consumption on the premises, with or without food, and is licensed under the Liquor License Act. Temporary Building – see Building, Temporary Temporary Car Shelter Means a non-permanent structure designed to be temporary, and is erected to provide shelter primarily to a vehicle during winter months and shall be designed to be dismantled or removed. [See Figure 3.25] Theatre Means a building or part thereof used for the presentation of motion pictures or staged entertainment. The definition of theatre shall not include drive-in theatres. Theme Park Means an entertainment or amusement facility or park developed around one or more themes. Through Lot – see Lot, Through
Figure 3.25: Temporary Car Shelter
Tourist Cabin Establishment Means a commercial premise providing sleeping accommodation in rental cabins to the travelling or vacationing public. A tourist cabin establishment provides a minimum of four (4) cabin units for rent, and may include accessory facilities which support the use such as, without limiting the generality of the foregoing, administration offices, but shall not include a restaurant that serves the general public. Tourist Establishment Means a commercial premise used for the purpose of sleeping accommodation on a temporary basis by tourists or vacationers, including a hotel, motel, lodge or bed and breakfast establishment, including accessory uses such as staff dormitories,
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dining, meeting and beverage rooms and similar uses. Tourist Outfitters Establishment Means a commercial premise which operates throughout all or part of a year which may or may not furnish overnight accommodation and facilities for serving meals and furnishes equipment, supplies or services to persons in connection with angling, hunting, camping or other similar recreational purposes. Townhouse - see Dwelling - Row of Townhouse Township Means the Corporation of the Township of Central Frontenac. Trailer, Travel Trailer or Recreational vehicle - see Recreational Vehicle Trailer Park - see Campground Transfer Station - see Recycling Depot Triplex – see Dwelling, Triplex Transient Boat Slip – see Boat Slip, Transient Transportation Depot or Truck Terminal Means land, or a structure or a building where commercial vehicles are kept for hire, rental and/or lease, or stored and/or parked for remuneration and/or from which such vehicles are dispatched for hire as common carriers and where such land, structure or building may be used for the storage and/or distribution of goods, wares, and merchandise. 3.U Use, Used Means the purpose for which any land, building, structure or any combination thereof is designed, arranged, occupied or maintained. Use, Accessory – see Accessory Use 3.V Vehicle or Motor Vehicle Means an automobile, commercial vehicle, truck, recreational vehicle, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a snowmobile or a street car. Veranda – see Porch
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Veterinary Establishment – see Animal Shelter Video Rental Outlet Means a building or part of a building wherein the principal use is the rental of video materials (e.g., DVDs, tapes, Blu-ray discs, etc.) and may include the rental of video cassette recorders, video cameras, video games and the sale of other such items related to audio-visual entertainment. Viewing Deck Means a structure that is designed and erected directly on the ground to provide a view of a particular area of feature (e.g., lake, valley). The definition of viewing deck does not include a gazebo, deck, patio or any other shoreline structures. Viewing Platform – see Viewing Deck 3.W Warehouse Means a commercial premise used for the storage of general merchandise warehousing, cold storage or other storage facilities and includes a centre for distribution of wholesale goods and commodities for resale to retailers; to industrial, commercial, institutional or professional users, and/or to other wholesalers. [See also Self Storage Facility] Waste Management Facility Means a site which is licensed or approved by the Ministry of the Environment, Conservation and Parks and/or its agents where garbage, refuse, domestic or industrial waste, excluding radioactive or toxic chemical wastes, is disposed of or dumped. This definition shall include waste transfer stations, processing sites, septage disposal, and recycling depots. [See also “Recycling Depot” and “Commercial Compost Facility”] Water Access Lot Means a lot that is accessed by a navigable water body. Water Body Means any bay, lake, river, natural watercourse, canal or wetland but excluding a drainage or irrigation channel. [See also “Wetland” and Section 4.24 and Section 4.26] Water Frontage Means the strip of land comprising part of a lot that directly abuts a water body. When used as an adjective, means a lot or lands that has frontage on a water body. Water System – see Sewage Disposal and Water Systems Water Vehicle Means any vehicle drawn, propelled or driven by any kind of power, including muscular power, on water. The definition of water vehicle shall not include a snowmobile or any other vehicle that is capable of being propelled or driven on both land and water. [See also “Vehicle”]
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Wayside Pit Means land from which unconsolidated aggregate is removed by means of open excavation for use in a public undertaking. Wayside Quarry Means a place from which consolidated aggregate is removed by means of open excavation for use in a public undertaking. Welding Shop Means a commercial premise where metal products are joined, repaired or shaped by welding but no mass productions shall be permitted. Wellness Centre Means a commercial premise used by professional therapists, chiropractors, drugless practitioners, professional trainers and nutritionists trained in a range of disciplines such as massage therapy, physiotherapy, naturopathic medicine, chiropractic, acupuncture, homeopathy, orthotics, health counselling and personal training, and may include accessory uses at an accessory scale, such as administrative offices, physical fitness rooms and waiting rooms, directly associated with the facility, but excludes a recreational commercial establishment. Wetland Means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Lands being used for agricultural purposes, that are periodically “soaked” or “wet”, or which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition. [See also Section 4.26.5] Wetland – Provincially Significant Means a wetland, or coastal wetland identified as provincially significant by the Ministry of Natural Resources and Forestry using evaluation procedures established by the Province, as amended from time to time. Wetland – Locally Significant Means a wetland identified as locally significant by the Municipality using science-based evaluation procedures. Wetland – Unclassified Means a wetland that has not been evaluated using evaluation procedures established by the Province, as amended from time to time. Wharf Means a structure built for commercial use on the shore of or projecting into a water body that vessels may be moored alongside to load or unload or to lie at rest.
71 Township of Central Frontenac Zoning By-law
Wind Farm Means a collection of commercial wind turbines all in the same geographical location which are used in combination for the generation of mechanical or electrical generation. Wind Turbine Means a non-commercial wind energy conversion structure consisting of a wind turbine, a tower and associated control or conversion electronics which is intended to provide electrical power for use on-site and is not intended or used to produce power for resale. The definition of wind turbine also includes vertical axis wind turbines which consist of blades rotating around a vertical motor shaft. For the purposes of this By-law, a wind turbine shall be considered an accessory structure. Wind Turbine, Commercial Means a Class 2, 3 or 4 wind facility with a name plate capacity greater than or equal to 3 kW machine designed and used for converting the kinetic energy in wind into mechanical energy or electrical energy. Workshop or Custom Workshop Means a commercial premise where manufacturing is performed by a tradesman, requiring manual or mechanical skills and may include a carpenter’s shop, a locksmith’s shop, a gunsmith’s shop, a tinsmith’s shop, a commercial welder’s shop or similar uses. Wrecking Yard – see Salvage Yard 3.Y Yard Means the area between a main wall of a building and a lot line that, except for landscaping or accessory buildings, structures and uses and projections specifically permitted elsewhere in this By-law, is unobstructed above grade. Yard Sale Means the occasional or infrequent sale (e.g., one or two days annually) of household goods, clothing, furniture, tools, recreational equipment or other second-hand articles or sundry items, usually by the households on an individual property, but may include a joint sale by neighbours on the same street or a joint sale at a school, place of worship or other location. [See also Flea Market] Yard, Front Means 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 for which such yard is required. [See Figure 3.26] Where a lot has water frontage and uses, buildings and structures located on the lot that are oriented towards the water, the front yard shall be the space extending across the full width of the lot between the high-water mark and the nearest part of any main building or structure. Yard, Rear
72 Township of Central Frontenac Zoning By-law
Means 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 for which such a yard is required. Where there is no rear lot line, the rear yard shall be measured from the intersection of the side lot lines to the closest point of the main building. [See Figure 3.26] Where a lot has water frontage and uses, buildings and structures located on the lot are oriented towards the water, the rear yard shall be the space extending the full width of the lot between the lot line opposite the shoreline and the nearest part of any main building or structure for which such yard is required. Figure 3.26: Yards
Yard, Side Means a space extending from the front yard to the rear yard between the side lot line and the nearest part of any main building or structure for which such a yard is required. [See Figure 3.26] Yard, Exterior Side Means a side yard adjacent to a public street or private road. [See Figure 3.26] Yard, Interior Side Means a side yard other than an exterior side yard. [See Figure 3.2] Yurt Means a circular domed tent-like structure usually consisting of a wooden frame covered by material and capable of being used on a recreational basis for temporary accommodation.
73 Township of Central Frontenac Zoning By-law
3.Z Zone Means a designated area of land use demarcated on the Schedules attached hereto. Zone Regulation Means any provision of this By-law which is listed under the heading “Zone Regulations” or referred to as a zoning regulation and governs the erection of any building or structure or the use of land. Zoning Administrator Means the officer, employee or such other person as may from time-to-time be designated by Council charged with the duty of enforcing the provisions of this By-law.
74 Township of Central Frontenac Zoning By-law
75 Township of Central Frontenac Zoning By-law
76 Township of Central Frontenac Zoning By-law
77 Township of Central Frontenac Zoning By-law
Section 4
GENERAL PROVISIONS
Explanatory Note The General Provisions section of the Zoning By-law sets out regulations which apply regardless of the specific zoning. [See Section 5] While the zones provide site specific controls corresponding to such items as permitted uses and other restrictions, the General Provisions provide regulations more general in nature. Development must comply with all applicable provisions in the General Provisions in addition to the requirements of the specific zone regulations set out in Sections 5.4 – 5.21.
4.1
Accessory Buildings, Structures and Uses
4.1.1 General Where a lot is occupied by a permitted use, accessory uses, buildings and structures are permitted provided that: 1.
All accessory uses, buildings and structures to a permitted principal use shall be located on the same lot and in the same zone as the principal use.
The use of any accessory building or structure for human habitation is not permitted except where specified in this By-law. [See Sections 4.2 and 4.29]
No accessory building or structure shall be erected closer to the front lot line or the exterior side lot line than the minimum front yard and external side yard setbacks required for the main building. This provision shall be exempted: (a)
For a shelter for use by children waiting for a school bus;
(b)
For any farm produce outlet having a gross floor area of less than 9.3 m2 [100 ft.2];
(c)
For storage buildings and detached garages where the main building on the lot is set back two-times the required front yard or exterior side yard setback and provided the building or structure does not encroach on any required setback from the high-water mark;
(d)
For temporary car shelters;
(e)
For a sign erected in compliance with the provisions of this By-law; 78
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(f)
For any landscaping as permitted by this By-law;
(g)
For mineral mining operations and mineral aggregate operations;
(h)
For a free-standing satellite dish/receiver or solar collector;
(i)
For a recycling and waste control containers;
(j)
For outdoor storage or outdoor display where permitted in this Bylaw; and
(k)
For a gate house used for security for a gated residential complex or a permitted non-residential use.
For subsections (a), (b), (e), (f), (i), (k) and (l) above the setback from the front lot line or exterior side yard lot line shall be a minimum of 3 m [9.84 ft.] and shall otherwise comply with the interior side yard and rear yard setbacks in the zone in which they are located. 4.
Any building or structure which is attached to the main building shall not be considered an accessory building or structure (e.g., garage, carport, balcony, deck).
Except where specified otherwise in this By-law, no accessory building or structure shall be erected closer than 1 m [3.28 ft.] to any interior side lot line or rear lot line. No accessory building or structure shall be located less than 2 m [6.56 ft.] from a main building. [See also Section 4.2.5] No free-standing accessory residential use or additional residential unit shall be located closer than 3 m [9.8 ft.] from any rear lot line or interior side yard lot line.
Common semi-detached garages or car ports may be centred on the mutual side lot line.
A boat house, boat port, float plane, boat lift, dock or wharf not greater than 4.8 m [15.7 ft.] in height may be located in the front yard, side yard or rear yard where said yard abuts a navigable waterway and/or water body, provided that the approval of any governmental authority having jurisdiction has been obtained and provided that the boat house, boat port, float plane hangar, boat lift or dock is located not closer than 5.0 m [16.4 ft.] to the nearest adjacent lot line and does not encroach on adjacent frontage when the lot boundaries are extended into the water. [See Figure 4-1] One (1) only single storey one-bay boat house or boat port or float plane hanger shall be permitted as an accessory use per lot. A boat house shall not be used for sleeping accommodation or human habitation. A flat-roofed boat house may be used as a roof-top deck or patio provided that the total aggregate height of all boat house structures does not exceed a height limit of 6.0 m [19.6 ft.]. 79
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8.
Despite any provisions of this By-law to the contrary, a shoreline structure other than a boat house, boat port, float plane hangar, boat lift, dock or wharf shall be set back a minimum of 30 m [98.4 ft.] from any high-water mark or shoreline in any yard adjacent to a water body. [See also Section 4.1.1.9 for a viewing deck and Sections 4.26.5 and 4.27]
Figure 4-1 Figure 4.1
Accessory uses, buildings and structures shall not be erected or established prior to the erection or establishment of the main building or use, except: (a)
Where it is necessary for the storage of tools and materials in connection with the construction of the principal use, building or structure (see Section 4.41); and
(b)
Where a new principal use, building or structure is to be erected or established on a lot thereby making the existing principal use, building or structure the accessory use, building or structure upon erection or establishment of the new principal use, building or structure.
Home based businesses shall be permitted as accessory uses to permitted residential uses in accordance with Section 4.20 of this By-law.
Docks shall generally be limited to floating, cantilevered or post dock construction. Docks shall be built of non-toxic building materials. Any component of a dock located above the high-water mark and designed to anchor the dock to the land shall be excluded from the calculation of maximum dock area. Where the entire dock is constructed parallel to the shoreline, the entire deck area shall be included in the calculation. Despite the requirements of this section, no dock shall be constructed which constitutes a navigation or safety hazard.
Docks for residential purposes will be built to the following standards: Maximum dock area……………………………………….27 m2 [290 ft.2] Minimum dock width………………………………………1.2 m [4 ft.] Minimum dock width for slips connecting to main dock…..1.2 m [4 ft.] Maximum dock length………………………………………15 m [49.2 ft.] 80
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Minimum side yard………………………………………….5 m [16 ft.] Maximum number of docks per lot……………………………1 14.
In water bodies with a width of 150 m [492.1 ft.] or less, where any dock is constructed the length of the dock shall not exceed 20% of the width of the waterway.
Subject to all other requirements of this section, a dock may be extended to a maximum of 20 m [65.6 ft.] from the shoreline if at the end of 15 m [49.2 ft.] the water is shallower than 0.75 m [2.46 ft.] in depth, provided that the area of the dock does not exceed 36 m2 [387.5 ft.2].
Temporary car shelters are considered to be accessory structures for the purpose of this By-law and shall comply with the provisions of this section. Temporary car shelters shall only be located on a parking space or driveway. No temporary car shelter shall be erected so as to obstruct a sight triangle.
A green roof, a geothermal power facility, a solar collector, and a wind turbine are permitted accessory uses in any zone.
Legal non-conforming uses shall be permitted to have accessory uses subject to the provisions in this section of this By-law and the zone regulations of the applicable zone.
A detached private garage may be equipped with sanitary facilities where the sanitary facilities comply with Section 4.43 – Water and Sewage Disposal Systems.
All fuel storage tanks above or below ground for any fossil fuels or propane shall comply with the Technical Standards and Safety Act, 2000 and no building permit shall be issued without the prior approval of any equipment or fuel storage facilities by the Technical Standards & Safety Authority, where applicable.
Electrical recharge stations shall be permitted in any zone.
Viewing Deck: A viewing deck shall not exceed 16.7 m2 [179.7 ft.2] in area and may be screened-in but shall not be enclosed by walls.
(Note: See individual zones for the maximum height and setbacks of accessory buildings.)
4.1.2 Recreational Vehicles No recreational vehicle shall be used in any zone except in accordance with the following requirements and standards: 81 Township of Central Frontenac Zoning By-law
1.
A recreational vehicle shall not be used as a dwelling unit or for permanent occupancy;
A recreational vehicle shall be permitted within a recreational vehicle park, or campground;
One (1) recreational vehicle only may be stored on a lot in an R1 or RW Zone as an accessory use where the lot is occupied by a seasonal dwelling or a permanent dwelling unit provided all of the applicable zone regulations for the respective zone are complied with (i.e., frontage, yard setbacks and shoreline setbacks);
Any permitted recreational vehicle may be used for short term seasonal accommodation on a lot occupied by a permanent dwelling;
One (1) recreational vehicle only may be used on a vacant lot in a Rural (R) or LSR Zone provided: (a)
The lot is serviced with an approved sewage disposal system (see Section 4.43); and
(b)
Except for a deck, no enclosures, roof-overs, extensions or additions are constructed unless such structures have been specifically designed or preengineered for the recreational vehicle by the manufacturer or after-market manufacturer and are capable of being removed. No such structures shall be permitted which have the effect of rendering the recreational vehicle as a permanent structure or permanent residential dwelling on a lot or site; and
(c)
One (1) only detached private garage or accessory storage building or structure may be constructed on the lot occupied by the recreational vehicle; and
(d)
All of the zone regulations for the respective zone are complied with (i.e., lot area and frontage, yard setbacks and shoreline setbacks).
The Municipality may impose a license fee as permitted pursuant to the Municipal Act for the use of any recreational vehicle(s).
Despite the above, on a residential lot in a Rural (R) Zone exceeding 5 ha [12.3 ac.], one additional recreational vehicle shall be permitted to be stored, or used.
4.1.3 Storage Containers No person shall place a storage container except in accordance with the following: 1.
Only one (1) storage container shall be permitted per lot in any Residential (R1), Multiple Residential (RM) or Waterfront Residential (RW) zone. 82
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2.
The dimensions of a storage container shall not exceed 12.1 m [40 ft.] in length, 2.4 m [7.8 ft.] in width or 3 m [9.8 ft.] in height.
No stacking of storage containers shall be permitted in any zone.
No storage container shall be used for human and animal habitation or living except as provided for in Sections 4.2.7 and 4.29.
A storage container shall be located in a rear yard only.
No storage container shall be located on a designated parking space, aisle or access driveway. Despite the foregoing, a storage container shall be permitted in a driveway on a residential property for a period not to exceed five (5) days and only for the purpose of loading or unloading household items during the process of moving, but in no case shall encroach upon a public sidewalk or create a site line obstruction to traffic.
The minimum separation distance of a storage container from any other building shall be 2 m [6.5 ft.].
A storage container shall comply with all other yard setbacks in the zone in which the storage container is located.
A storage container shall not be used for the purpose of display or advertising or as a component of a fence.
A storage container shall not be used for the storage of fuels or hazardous substances.
A storage container shall be deemed to be an accessory building.
A storage container shall be vented.
4.1.4
Swimming Pools Private swimming pools, both above-ground and in-ground both open and covered and including inflatable pools, shall be permitted subject to any By-law of the Township regarding swimming pools and the following requirements: 1.
Outdoor Open Pools (a) Open Pool areas shall be totally enclosed by a fence constructed of suitable materials, having a minimum height of 1.5 m [4.92 ft.] and which is installed to include a self-latching gate;
83 Township of Central Frontenac Zoning By-law
4.2
(b)
Where a pool is an above-ground pool, any combination of the pool wall, surrounding fence or structure totalling a minimum of 1.5 m [4.92 ft.] in height above the established grade shall be deemed to meet the fencing requirements of Subsection 4.1.4.1 (a) provided that a self-latching gate or equivalent arrangement is installed to prevent unauthorized entry;
(c)
The maximum height of an above-ground pool shall not be more than 2 m [6.56 ft.] above the established grade;
(d)
Any building or structure, other than a dwelling, required for changing clothing, storage, mechanical equipment associated with the swimming pool or any similar purposes shall comply with the provisions respecting accessory uses and structures;
(e)
No part of an outdoor swimming pool, including an associated apron or platform which is in a front or side yard shall be constructed closer to a street line than the requirements for a main building in the zone within which it is located nor closer to the lot line in a rear yard than the minimum distance required for an accessory use or structure;
(f)
Despite the foregoing, outdoor swimming pools which are accessory to hotels, motels and tourist establishments may be located in any yard provided the swimming pool meets all other requirements of this By-law.
(g)
A hot tub shall be exempted from the fence provisions provided that the hot tub is adequately secured by a cover equipped with a self-locking device, which cover shall be kept locked in place over the tub when the hot tub is not in use.
Indoor Pools Indoor pools shall conform to the accessory building requirements contained in Subsection 4.1.1 or to the zone regulations where the pool is part of the main building.
Pools in the Flood Plain The establishment of any swimming pool in an identified flood plain area shall be subject to the approval of the appropriate Conservation Authority.
Accessory Residential Uses 1.
One (1) sleep cabin or one (1) loft-above-a-garage shall be permitted per lot as an accessory use to a permitted waterfront residential dwelling.
Sleep cabins and lofts-above-a-garage shall not be considered dwelling.
Sleep cabins and lofts-above-a-garage shall not be located on a lot on which a 84
Township of Central Frontenac Zoning By-law
garden suite is also located. 4.
Except where specified otherwise, no sleep cabin or loft-above-a-garage shall be erected closer than 3 m [9.84 ft.] to any interior side lot line or rear lot line.
No sleep cabin or loft-above-a-garage shall be located less than 3 m [9.84 ft.] from a main building.
The erection, alteration, enlargement or extension of any sleep cabin or loft-abovea-garage shall not exceed the maximum lot coverage requirement for Accessory Uses, Buildings and Structures in the zone in which the sleep cabin or loft-abovea-garage is located.
An additional residential unit shall be permitted as an accessory use to a single detached dwelling or a semi-detached dwelling or a row or a townhouse dwelling in any zone except a Waterfront Residential (RW) Zone provided the additional residential unit can be adequately serviced with an individual on-site sewage disposal system or private communal system. [See Section 4.43]
Accessory residential uses including an additional residential unit described in this section shall not be permitted unless the provisions for servicing under Section 4.43 and the provisions for parking under Sections 4.32 and 4.33 can be met and provided the lot area meets the minimum lot area required in the zone in which the additional residential unit is located.
Section 4.1 shall also apply to the establishment of accessory residential uses and a free standing additional residential unit described in this section.
Subject to the passing of a site-specific Temporary Use By-law under Section 39 of the Planning Act, a garden suite shall be permitted as an accessory use to a main residential use provided: (a)
The minimum lot area conforms with the zone in which the garden suite is to be located;
(b)
The maximum net floor area of the garden suite shall be 74 m² [800 ft.²];
(c)
The maximum height of the garden suite shall be 6 m [19.7 ft.] or the average height of the main buildings on the subject and abutting lots, whichever is the lesser;
(d)
The garden suite shall be located in a rear or interior side yard and shall meet the minimum yard and lot coverage requirements set out in the corresponding zone and shall be set back a minimum of 3 m [9.8 ft.] from any rear or side lot line; and 85
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4.3
(e)
The provisions for servicing under Section 4.43 and the provisions for parking under Sections 4.32 and 4.33 shall be met.
(f)
A mobile home and a tiny home shall be permitted as a garden suite where it meets all other requirements of this By-law;
(g)
A garden suite shall be considered a dwelling unit for the purposes of this By-law;
(h)
A garden suite shall not be located or erected on a lot on which a sleep cabin or loft-above-a-garage is also located.
Auto Service Station, Gasoline Bar, Car Wash Despite any other provisions contained in this By-law, for all zones within which an auto service station, gasoline bar, and/or car wash are permitted the following zone regulations shall apply: 1.
The minimum frontage for an interior lot on any street shall be 35 m [114.8 ft.] and 40 m [131.2 ft.] for a corner lot, and the minimum depth of any lot shall be 30 m [98.4 ft.].
The minimum yard requirements for the main building shall be as follows: (a) Adjacent to a residential use: • front yard depth……………….15 m [49.2 ft.] • exterior side yard width……….15 m [49.2 ft.] • interior side yard width………..6 m [19.7 ft.] • rear yard depth…………………6 m [19.7 ft.] (b)
Adjacent to all other land uses: • front yard depth…………………15 m [49.2 ft.] • exterior side yard width…………15 m [49.2 ft.] • interior side yard width………….3 m [9.8 ft.] • rear yard depth…………………..3 m [9.8 ft.]
The minimum distance between any portion of the pump island and related overhead canopies and any lot line shall be 10 m [32.8 ft.].
The width of any entrance or exit or combined entrance or exit measured at the front lot line or side lot line shall not be greater than 7.5 m [24.6 ft.]. The widths and location of entrances from Highway 7 may vary provided that they are in accordance with the requirements of the Ministry of Transportation.
. 5.
The minimum distance between entrances and exits at the street line shall be 12 m [39.4 ft.]. 86
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6.
4.4
All fuel storage tanks above or below ground for any fossil fuels or propane shall comply with the Technical Standards and Safety Act, 2000 and no building permit shall be issued without the prior approval of any equipment or fuel storage facilities by the Technical Standards & Safety Authority.
Bed and Breakfast Establishments A bed and breakfast establishment shall be permitted as an accessory use to any permitted single detached dwelling subject to the following requirements:
4.5
The use of the dwelling as a bed and breakfast establishment shall not change the residential character of the dwelling;
A bed and breakfast establishment shall only be permitted where listed as an accessory use in the zone in which the lands are located;
Bed and breakfast establishments shall not be subject to the home based business requirements of Section 4.20 of this By-law;
The requirements for the provision of off-street parking spaces shall be met. [See Sections 4.32 and 4.33];
The requirements of the local Health Unit, where applicable, can be met;
One (1) sign may be permitted to advertise the bed and breakfast establishment that shall not exceed 1 m2 [10.76 ft.2] in surface area and shall not be back-lit. The permitted sign may be a freestanding sign in a front or side yard or may be attached to a wall of a permitted building or structure. The sign may be illuminated by lights where the illumination is directed directly onto the sign and complies with Section 4.21;
A breakfast service shall be provided to guests; and
The building in which the bed and breakfast establishment is located shall comply with all applicable Building Code and Fire Code regulations.
Buffering Except where otherwise regulated by a valid site plan control agreement, the following buffering regulations shall apply: 1.
Where in any zone, a lot is permitted or proposed to be used for an industrial or commercial use and abuts a lot occupied or zoned for a residential use, then a continuous buffer strip having a minimum width of 3 m [9.84 ft.] for a commercial 87
Township of Central Frontenac Zoning By-law
use and 4 m [13.1 ft.] for an industrial se shall be provided along the abutting lot line. Landscaped materials used for a vegetative buffer shall be of sufficient size and type to effectively provide a visual screen between the particular properties. A combination of a vegetated buffer strip and fencing or a berm or hedgerow may also be used to effectively provide a visual buffer. 2.
In any zone, any portion of any front yard which is not used for another permitted use, shall be devoted to landscaped open space.
Height of a Buffer Strip The required height of the buffer strip shall be 1 m [3.28 ft.] and shall be measured in relation to the edge of the adjacent area to be screened. In such cases, the established grade, of the location at which the buffer strip is to be planted or landscaped, is less than the established grade of the edge of the adjacent area, the required height of the buffer strip shall be increased in an amount equal to the difference in the elevation. In the event that the established grade of the location at which the buffer strip is to be planted is greater than that at the edge of the adjacent area, the minimum height of the buffer strip shall apply.
Interruption of Planting Strip for Driveways, Lanes or Pedestrian Walks In all cases, where ingress and egress driveways, lanes or pedestrian walks extend through a required buffer strip, it shall be permissible to interrupt the strip.
Merchandise in Landscaped Areas No commodity, merchandise, stock in trade or other article of trade or commerce shall be placed, maintained or allowed to remain at any place within a landscaped buffer strip.
Landscaped Open Space and Lot Area Calculations Any land use for landscaped open space shall be included in any calculations of lot area, yard requirements, housing density etc. as set out in this By-law.
Existing Vegetation and Planting Conditions Existing vegetation, in the form of mature trees and shrubs, shall be preserved on any lands in any zone to the maximum extent possible consistent with the siting of a building or structure on such lands. The selection of plant varieties shall be based on regional climatic conditions, constraints of location, effectiveness in screening adjacent properties, resistance to disease and insect attack, cleanliness and ease of maintenance. Planting materials shall be installed using acceptable horticultural practices and planting materials shall consist of healthy nursery stock. All required plant materials shall be maintained in a healthy condition and wherever necessary replaced with new plant materials to ensure continued compliance with landscaping requirements. All required fences and walls shall be 88
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permanently maintained in good repair and presentable appearance and wherever necessary they shall be repaired or replaced. 8.
7.6
Site Plan Control The provisions for landscaped open space as set out in this section, shall not be deemed to limit the Municipality’s authority to impose other landscaping measures through the site plan control process.
Buildings to be Moved No building or structure shall be moved within the limits of the Township or shall be moved from outside the Township into the Township unless the building or structure is a permitted use and satisfies all the requirements of the zone in which it is to be located.
4.7
Camp (Hunt Camp, Fishing Camp) Where a camp is to be established as an accessory use to an existing dwelling unit on the same lot, the camp structure shall be separated from all existing dwelling units a minimum distance of 500 m [1,640.4 ft.] and shall be setback 30 m [98.4 ft.] from the high-water mark of any water body. Where a camp is to be established as the principal use of a lot, the minimum lot area shall be 5 ha [12.35 ac.] and the camp structure shall be setback 15 m [49.2 ft.] from all lot lines and 30 m [98.4 ft.] from the high-water mark of any water body.
4.8
Change of Use A use of a lot, building or structure which, under the provisions hereof is not permissible within the zone in which such lot, building or structure is located, shall not be changed except to a use which is permitted within such zone or as otherwise authorized by the Committee of Adjustment under Section 45(2) of Example of cumulative the Planning Act. standards: where a lot is to be
4.9
Cumulative Standards Despite anything contained in this By-law, where any land, building or structure is used for more than one purpose, all provisions of this By-law relating to each use shall be complied with.
developed for a commercial use and an accessory dwelling, the number of parking spaces required would include the combined total of those for the commercial use plus those for the dwelling.
4.10 Day Care for Children Private home day care and a day nursery shall be permitted in all zones where residential uses are permitted as a principal use. Such day care for children shall comply with the provisions of the Child Care and Early Years Act, 2014. Where an establishment for supervising children does not meet the definition of a day nursery, the provisions of Section 4.20 for home based businesses shall apply.
89 Township of Central Frontenac Zoning By-law
4.11 Drive-Through Facilities Despite any other zone regulation of this By-law, where a use of land, building or structure incorporates a drive-through facility, the following zone regulations shall apply: 1.
Drive-through facilities shall be a permitted use in the General Commercial – C, Recreational Commercial – CR, Local Commercial – CL and Business District – BD Zones;
A drive-through facility is a principal use in combination with another permitted use, neither of which may be construed as being accessory to the other, and all zone regulations pertaining to each use shall apply;
The minimum dimensions of a stacking space in a stacking lane shall be 2.7 m by 6 m [8.9 ft. by 19.6 ft.];
No part of an order station board shall be located closer than 10 m [32.8 ft.] from the property boundary of any property occupied by or zoned for a residential use;
No part of any stacking lane shall be permitted to locate in a front yard;
All drive-through facilities shall conform to the zone regulations for parking areas as set out in Section 4.31.7; and
Stacking lanes for any drive-through facility shall be designed to accommodate a minimum of eight (8) motor vehicles.
4.12 Established Building Line in Built-up Area Despite the yard and setback provisions of this By-law to the contrary, where a permitted building or structure is to be erected on a lot in a built-up area (e.g., village of Sharbot Lake or hamlet settlement areas as designated in the Official Plan), where there is an established building line extending on both sides of the lot, such permitted building or structure may be erected closer to the street line, or the centre line of the street as the case may be, than required by this By-law provided such permitted building or structure is not erected closer to the street line or the centre line of the street, as the case may be, than the established building line. All other zone regulations of this By-law shall apply. [See Figure 4.2] An established building line shall not apply to any shoreline property.
90 Township of Central Frontenac Zoning By-law
Figure 4.2
4.13 Exception Zone Where a zone symbol is followed by the suffix “-X” this shall mean that a specific exception is being made to one or more zone regulations of that zone for a specific area governed by the By-law. All other applicable zone regulations of the By-law shall continue to apply. A number after the ‘-X’ (e.g., R-X1) indicates the chronological order of the various exception zones.
4.14 Farm Use Nothing contained in this By-law shall prevent the continued use of any land, building or structure for an agricultural use, livestock facility or manure or material storage as defined, or any extension or addition of such use provided that any additions or extensions of such use shall comply with the requirements of the Minimum Distance Formula II and the applicable requirements of the zone in which the use is located. Conversely, the Minimum Distance Formula I shall apply when locating development, (e.g., new dwelling, in proximity to an existing livestock facility or manure or material storage on an existing or proposed separate parcel of land).
4.15 Fences 1.
Any fence erected within the municipality shall conform to the provisions of any Fence By-Law as may from time-to-time be enacted under the Municipal Act.
The maximum height of a fence along an interior side or rear lot line shall be 2 m 91
Township of Central Frontenac Zoning By-law
[6.56 ft.]. 3.
The maximum height of a fence along a front lot line shall be 1.5 m [4.92 ft.].
Despite paragraph 4.15.1 and 4.15.2, the maximum height of a fence along any lot line in the General Commercial (C), Commercial Recreational (CR) or Local Commercial (CL) zones, or on lands used primarily for commercial purposes, shall be 3 m [9.84 ft.].
The use of barb-wire or any device for projecting an electric current in any fence construction is prohibited. This shall not apply to electric fences used for an agricultural use or an invisible fence for dogs.
No fence shall be erected that may pose a safety hazard due to obstruction of a sight triangle. [See also Section 4.38]
Paragraphs 4.15.2 – 4.15.6 shall not apply where a site plan agreement is in effect that specifies requirements for fences, provided the requirements in the site plan agreement are complied with.
4.16 Flag Lot 1.
Flag lots shall only be permitted for the erection of a single detached dwelling in the R1, RW or R Zone. [See diagram]
The flag part of the lot shall contain a lot area at least equal to the minimum required lot area of the zone in which the flag lot is located. The area of the pole shall not be included in the calculation of the required minimum lot area.
No part of the pole or access strip shall be granted or created by right-of-way, or easement.
The minimum lot frontage at the street line, and the minimum continuous width along the pole or access strip from the street line to the flag shall be 6 m [19.6 ft.].
The minimum width of the flag shall be equal to the minimum lot frontage of the zone in which the flag lot is located. 92
Township of Central Frontenac Zoning By-law
6.
The front yard for the flag shall be measured at the point where the pole meets the flag.
The pole or access strip shall be suitable for the construction of a driveway to provide continuous access from the public street to the flag and building envelope.
Only one tier of flag lots shall be permitted. A tier shall be considered to be a flag lot located behind one lot having the required minimum lot frontage on a public street.
A flag lot shall not be further subdivided.
No more than two (2) contiguous flag lot access strips (poles) shall be permitted.
Any flag lot shall meet all other applicable zone regulations.
4.17 Flood Plain The following provisions shall apply to areas located below the engineered or photo interpreted floodline or flood elevation as determined by the appropriate public authority. 1.
No person shall use any land or erect, alter or use any building or structure in the flood plain or below the regulatory flood elevation where determined (see below) except in accordance with the following provisions: Regulatory flood elevations in Central Frontenac Township: (a) Big Clear Lake………………197.85 m [649.1 ft.] g.s.c. (b) Kennebec Lake………………199.78 m [655.4 ft.] g.s.c. (c) Hungry Lake…………………238.73 [783.2 ft.] g.s.c.
Permitted Uses Within the Flood Plain (a) Buildings or structures intended for flood or erosion control or slope stabilization; (b)
All buildings and structures in existence on the day of the passing of this Bylaw;
(c)
A gazebo, garden shed, garden furniture but not a detached garage. No storage of hazardous chemicals or supplies for swimming pools shall be permitted in any building or structure in a flood plain;
(d)
A swimming pool subject to Sections 4.1.4.1 and 4.1.4.3;
(e)
Conservation Uses excluding any buildings or structures unless required for flood erosion or control; 93
Township of Central Frontenac Zoning By-law
3.
(f)
Forestry Uses excluding any buildings or structures;
(g)
Parks excluding buildings or structures;
(h)
Electricity generation facilities and transmission and distribution systems;
(i)
Marine Facilities;
(j)
Marina; and
(k)
Infrastructure incidental to a water supply or waste water treatment facility such as a water intake or sewer outfall but not including the main building of a water filtration plant or waste water treatment facility.
Prohibited Uses Buildings and structures shall not be permitted to locate in hazardous lands or hazardous sites where the use is: (a) An institutional use associated with including hospitals, day nurseries, continuum-of-care facilities, retirement homes and schools., where there is a threat to the safe evacuation of the sick, the elderly, persons with disabilities or the young during an emergency as a result of flooding, failure of flood proofing measures or protection works or erosion;
(b)
An essential emergency service such as that provided by fire, police and ambulance stations and electrical substations, which would be impaired during an emergency as a result of flooding, the failure of flood proofing measures and/or protection works, and/or erosion;
(c)
A use associated with the disposal, manufacture, treatment or storage of hazardous substances.
Flood Plain Standards (a) No building or structure shall be erected closer than 15 m [49.2 ft.] from the floodline or flood elevation of a water body. (b)
Any new building or structure or any expansion of or addition to any buildings or structures permitted in the flood plain shall incorporate appropriate engineered construction techniques which reduce or eliminate the risks of flood damage or damage from unstable slopes. The specific approval of the appropriate public authority must be obtained prior to the issuance of a building permit; and
(c)
Modification of the flood plain through the placing or dumping of fill, 94
Township of Central Frontenac Zoning By-law
excavation, changing the channel of any water body or diverting a water course within the prescribed limits of the fill lines is prohibited unless otherwise permitted by the appropriate public authority. 5.
Lands below the high water mark or any flood plain shall not be included as part of the calculation of the minimum lot area.
NOTE: See also Section 4.26.5 for setback requirements from water bodies.
4.18 Frontage on a Public Street or Private Road 1.
No building or structure shall be erected in any zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street or private road as per the zone regulations of the respective zone within which the lot is situated except: (a) For any permitted use on an island provided a public access point and parking is available on the mainland and the arrangement for parking has been secured through a legally binding agreement, covenant, deed or instrument registered on title and runs with the land; (b)
For an authorized water access only lot provided an alternate public access point and parking is available on the same water body and the arrangement for parking has been secured through a legally binding agreement, covenant, deed or instrument registered on title and runs with the land;
(c)
For a permitted use located on an existing private road, existing easement and for a permitted use located in a registered condominium located on an internal private road;
(d)
Infill on an existing private road;
(e)
A farm field;
(f)
A resource related use located on Crown Land;
(g)
A communications facility;
(h)
A public utility;
(i)
A wayside pit or quarry;
(j)
Any passive outdoor recreational use or activity such as skiing, snowmobiling, hiking, mountain biking or similar activities; and
(k)
Mineral exploration; 95
Township of Central Frontenac Zoning By-law
For subsections 4.18.1 (e-k) where frontage is not on a public street or a private road, access shall be provided by a legal right-of-way to the property. 2.
Exception for Existing Agreements (a) Despite Section 4.18.1, where a development agreement or subdivision agreement exists between the municipality and a land owner and is registered on title, frontage on an unassumed, unopened or unmaintained public rightof-way shall be deemed to conform to the provisions of this section, provided that such frontage is in conformity with the standards set out in the corresponding zone or any exception thereto. (b)
Despite Section 4.18.1, where a legal right-of-way is registered on title and provides for a right-of-way to an existing lot which is developed for a single detached dwelling or seasonal dwelling as of the date of approval of this Bylaw, such uses shall be deemed to conform to the provisions for access of this By-Law.
(c)
In addition to all the requirements of the Corporation, all development adjacent to any Provincial Highway is also subject to the requirements and permits of the Ministry of Transportation.
4.19 Group Homes Group homes shall be permitted in all zones that allow residential uses, except the Limited Service Rural (LSR) Zone.
4.20 Home Based Businesses and Live/Work Units 1.
The following home based businesses shall be permitted in any zone where a home based business is a permitted use: (a) Professional and consulting services including but not limited to architect, engineer, financial advisor, accountant, consultant, legal services, physician, teleworker; (b)
Instructional services including but not limited to music lessons, dance, art, academic tutoring;
(c)
Home craft businesses including but not limited to quilter, potter, jeweller, painter/visual artist, small scale assembler, woodworking;
(d)
A day nursery or private home day care;
(e)
A distribution sales office, mail order sales or on-line sales including but not limited to cosmetics, clothing or small household appliances provided the 96
Township of Central Frontenac Zoning By-law
product or service delivery is primarily from an off-site non-residential location; (f)
Offices for contractors and trades including but not limited to a plumber, electrician;
(g)
Repair services including but not limited to small appliances, computers but not including auto repair and similar services;
(h)
High technology uses including but not limited to internet services, office call centre services, desktop publishing, computer hardware and software development;
(i)
Personal service establishment including but not limited to hairdresser, barber, massage therapist, aesthetician;
(j)
Sale of bait for recreational fishing purposes;
(k)
A pet grooming establishment, but not including overnight keeping of animals;
(l)
Catering establishment;
(m) A studio; (n)
Sale of firewood in a rural zone only;
(o)
A farm produce outlet;
(p)
Seed Sales;
(q)
Gun repairs.
A restaurant, clinic, any retail or wholesale store or vending outlet, animal shelter, multiple chair hairdresser or barber, place of amusement, funeral parlour, small engine repair, automobile repair, tourist establishment, workshop, storage yard, machine shop, auto repair garage, convalescent home, mortuary, a cannabis retail store or dispensary or a licensed cannabis production facility or any use that cannot be categorized under subsection (1) shall not be permitted as a home based business. A kennel may be established as a home based business where it meets the requirements of Section 4.22.
Home based businesses shall be permitted provided that: (a) The use is clearly secondary to the use of the dwelling unit as a private 97
Township of Central Frontenac Zoning By-law
(b)
residence and shall be located within the dwelling unit and/or an accessory building; Where instruction is carried on (e.g., instructional services), there will be not more than five (5) pupils accommodated at any given time;
(c)
No more than two (2) home bases businesses shall be permitted in any one (1) dwelling unit;
(d)
Not more than 25% of the gross floor area of a dwelling unit, up to a maximum of 50 m2 [538.2 ft.2], may be used for home based business purposes. Where two (2) home based businesses exist within a single dwelling unit, the maximum gross floor area used for the combined businesses shall not exceed 25% of the dwelling unit up to a maximum of 50m2 [538.2 ft.2];
(e)
Where a home based business takes place in an accessory building or structure in the General Residential (R1), Multiple Residential (RM), Waterfront Residential (RW), or General Commercial (C) zones, the home based business shall not occupy more than 75 m2 [807.3 ft.2] of the accessory building or structure;
(f)
Where a home based business takes place in an accessory building or structure outside of the General Residential (R1), Multiple Residential (RM) or General Commercial (C) zones, the home based business shall not occupy more than 140 m2 [1,506.95 ft.2] of the accessory building or structure;
(g)
A home based business shall be operated by the owner or occupant of the dwelling unit within which it is located;
(h)
The use home based business does not create nor become a public nuisance in particular in regard to noise, traffic, parking or health safety, and shall not be a noxious use, trade, business or activity;
(i)
There is no outdoor storage or display to indicate to persons outside that any part of the property is being used for a use other than residential or agricultural except for the sale of firewood;
(j)
Only one (1) sign may be permitted to advertise the home based business. Such sign shall not exceed 1 m2 [10.76 f.t2] in surface area and shall not be back-lit. The permitted sign may be a freestanding sign in a front or side yard or may be attached to a wall of a permitted building or structure. The sign may be illuminated where the illumination is directed directly onto the sign and complies with Section 4.21. Signs may also be subject to any Sign Bylaw as may from time to time be enacted by the Township under the Municipal Act.
98 Township of Central Frontenac Zoning By-law
4.
(k)
Parking is provided in accordance with Sections 4.32 and 4.33 of this By-law;
(l)
The home based business complies with Section 4.1 of this By-law.
Live/Work Units (a) Where a live/work unit is a permitted use, the following commercial uses shall be permitted: Antique Sales, Bakery, Catering Establishment, Day Nursery – Private, Distribution Sales Office or Mail Order Sales, high technology uses, Farm Produce Outlet, Maple Syrup Processing and Sales Establishment, Office, Offices, Personal Service Establishment, Pet Grooming but not including overnight keeping and boarding of animals, Printing and Publishing Establishment, School – Private, Studio, Animal Shelter, Wellness Centre and medical clinic or clinic. (b)
Live/work units shall be permitted where specifically defined as a permitted use, subject to the following provisions: i.
The living and working uses shall be balanced (maximum fifty-five percent (55%) work use and forty-five percent (45%) living use) and shall be located within the main building on the lot but may include exterior facilities for a day nursery for children;
ii.
Occupancy of the residential space shall be restricted to the operator of the business;
iii.
Where instructional services are provided, there shall not be more than five (5) pupils instructed at any one time;
iv.
The business shall be operated by the owner or occupant of the dwelling unit or accessory building within which the business is located, and shall not employ more than two (2) non-household members;
v.
The live/work unit shall not create or become a public nuisance, in particular with regard to noise, traffic, parking or health and safety, and shall not be a noxious use, trade, business or activity;
vi.
Only one (1) sign may be permitted to advertise the live/work unit. Such sign shall not exceed 1 m2 [10.76 ft.2] in surface area and shall not be back-lit. The permitted sign may be a freestanding sign in a front or side yard or may be attached to a wall of a permitted building or structure. The sign may be illuminated where the illumination is directed directly onto the sign and complies with Section 4.21. Signs may also be subject to any Sign By-law as may from time to time be enacted by the Township under the Municipal Act.
99 Township of Central Frontenac Zoning By-law
vii.
Sufficient parking to meet the needs of the business and residential uses, in compliance with Sections 4.32 and 4.33 of this By-law, shall be provided on the subject property.
viii.
Road access to a live/work unit shall be at a standard acceptable to the corporation for the purposes of providing safe access for vehicles including emergency service vehicles.
ix.
A live/work unit shall not be permitted in conjunction with a home based business.
4.21 Illumination Illumination of buildings, structures and grounds shall be permitted provided: 1.
Illumination does not cause direct or indirect glare on a street or private road that may interfere with traffic or pedestrian safety;
Illumination does not consist of a colour or be so designed or located that it may be confused with traffic signals;
Illumination does not cause direct or indirect glare on land or buildings or structures on any adjacent property that creates a public health or safety issue; and
Illumination generated by a fixed emergency light or other lighting does not cause any direct glare or indirect glare onto an adjacent property or across a waterbody nor exceeds a value of 2250 lux (lumens) (150 watt) at any property line of the property displaying the lighting.
4.22 Kennels 1.
No part of any kennel shall be located less than 100 m [328.1 ft.] from an abutting or neighbouring lot occupied by a sensitive land use (e.g., dwelling, school, hospital, etc.) or a lot that permits residential use (e.g., RW, R1, RM, R, LSR) unless the provisions of paragraphs (3) or (5) can be met;
Subject to subsection (3) and (5), the measurement in paragraph (1) shall be taken as the shortest horizontal distance between the kennel and the nearest lot line of the sensitive land use or the lot zoned for residential use;
For the purposes of this section, a lot zoned Rural (R) or Limited Service Rural (LSR) having a lot area less than 0.8 ha [2 ac.] shall be considered a lot zoned for residential use;
Despite paragraphs (1) and (2) above, where the 100 m [328.1 ft.] setback encroaches on a lot zoned for residential use, a kennel may be located on the lot 100
Township of Central Frontenac Zoning By-law
provided that the kennel and all associated structures are erected a minimum of 100 m [328.1 ft.] from a 0.5 ha [1.25 ac.] building envelope on the abutting or adjacent lot; [See Figure 4.3]
Figure 4.3: Illustration of 4.22(4)
Despite paragraphs (1) and (2), where the 100 m [328.1 ft.] separation distance encroaches on a lot occupied by a sensitive land use, the kennel and all associated structures shall be erected a minimum of 100 m [328.1 ft.] from the main building and any accessory buildings used for human habitation or education (e.g., school portables, sleep cabin). [See Figure 4.4]
Figure 4.4: Illustration of 4.22(5)
101 Township of Central Frontenac Zoning By-law
6.
All zone regulations of this By-law shall apply to the establishment of kennels and kennel structures;
No sensitive land use (e.g., school, continuum-of-care facility, day nursery, hospital, etc.) shall be established within 100 m [328.1 ft.] of a kennel or kennel structure. No dwelling shall be established within 100 m [328.1 ft.] of a kennel or kennel structure unless constructed on the same lot therewith;
Kennels and kennel structures shall be restricted to locations in a side yard or rear yard; and
Despite paragraphs (1) and (2), where the 100 m [328.1 ft.] separation distance encroaches on a lot occupied by a sensitive land use, a minimum of 0.5 ha [1.25 ac.] must be identified on the lot occupied by the sensitive land use outside the 100 m [328.1 ft.] separation distance, and the main building of the sensitive land use shall be located outside the 100 m [328.1 ft.] separation distance. [See Figure 4.4]
4.23 Land Suitability for Use and Organic Soils 1.
Despite any other provision of this By-Law, no building or structure shall be constructed, erected, altered or used on hazardous lands or hazardous sites unless the proponent or applicant for development can demonstrate through professionally acceptable engineering techniques that the physical constraint can be mitigated or overcome and that the requirements of the Ontario Building Code with respect to construction and the requirements of the Ontario Water Resources Act and the Ontario Building Code with respect to the installation of an individual on-site sewage and water system can be met.
Flood plains, wetlands, lands under water, and lands between the top of the bank and a water body shall not be used to calculate the minimum lot area requirements of any zone in this By-law. [See also Section 4.17]
4.24 Loading Requirements For every building or structure erected for a commercial, institutional or industrial use, involving the shipping, loading or unloading of persons, animals, wares, merchandise or other goods, there shall be provided and maintained loading facilities or spaces in accordance with the following requirements: 1.
Each loading space shall have a minimum height clearance of 4.25 m [13.9 ft.] and shall be at least 3.75 m [12.3 ft.] wide by 7.50 m [24.6 ft.] long if situated inside of or at right angles to a building or structure or 3.75 m [12.3 ft.] wide by 9.0 m [29.5 ft.] long if situated parallel to the main wall of a building or structure;
Loading spaces shall be located in a building or structure, an open rear yard, or an open side yard, on the same lot on which the principal use is located, provided all loading spaces are a minimum of 7.5 m [24.6 ft.] from any lot line and have 102
Township of Central Frontenac Zoning By-law
unobstructed ingress and egress to and from a public street by means of a driveway, land or aisle of a minimum width of 6 m [19.7 ft.]; 3.
The number of required loading spaces shall be based on net floor area of the building as follows: (a)
Commercial and Institutional Uses Net Floor Area 0 - 200 m2 [0 - 2,152.785 ft.2] 200.01 - 1,000 m2 [2,152.9 - 10,763.91 ft.2] over 1,000 m2 [10.764.26 ft.2]
(b)
Required
Loading
0 1 1 plus 1 additional space for each additional 1,000 m2 of net floor area or part thereof
Industrial Uses Net Floor Area 0 - 500 m2 [0 - 5,381.96 ft.2] 500.01 - 2,000 m2 [5,382.06 - 21,527.8 ft.2] over 2,000 m2 [over 21,527.8 ft.2]
Minimum Spaces
Minimum Spaces
Required
Loading
0 1 1 plus 1 additional space for each additional 2,000 m2 of net floor area or part thereof
The loading space requirements stated in Section 4.24.3 shall not apply to buildings or structures in existence as of the date of passing of this By-law, but shall apply to areas of any expansion or enlargement to such buildings or structures after the date of passing of this By-law.
4.25 Mine Hazards No lands identified as having a mine hazard shall be used unless the mine hazard has been rehabilitated or measures taken to mitigate known or suspected hazards. Any required rehabilitation or mitigation measures shall be undertaken using acceptable engineering practices.
103 Township of Central Frontenac Zoning By-law
4.26 Minimum Distance Separation and Special Setbacks Despite the zoning regulations in this Bylaw to the contrary, no person shall use any land, building or structure unless the use, building or structure complies with the following: 1.
Waste Management Facility (a) No sensitive land use shall be permitted within 500 m [1,640 ft.] of a licensed waste management facility, measured from the lot line of the sensitive land use to the lot line of the waste management facility. (b)
No non-residential development or land use shall be permitted within 30 m [98.4 ft.] of the boundary or perimeter of the (licensed) fill area of an active waste management facility.
(c)
No waste management facility shall be permitted within 30 m [98.4 ft.] from the high-water mark of any water body.
(d)
No waste management facility shall be permitted on land covered by water or in any area subject to flooding or in a wetland.
Pits and Quarries (a) No sensitive land use shall be permitted within 70 m [229.7 ft.] of a pit measured from the lot line of the sensitive land use and the nearest lot line of the pit. (b)
No sensitive land use shall be permitted within 300 m [984.2 ft.] of a quarry measured from the lot line of the sensitive land use to the nearest lot line of the quarry.
Industrial Uses: (a) Class I Industrial Use: The minimum separation distance from a sensitive land use and a Class I Industrial use shall be 20 m [65.6 ft.] and shall be measured from the lot line of the sensitive land use to the lot line of the Class I Industrial Use. (b)
Class II Industrial Use: The minimum separation distance from a sensitive land use and a Class II Industrial use shall be 70 m [230 ft.] and shall be measured from the lot line of the sensitive land use to the lot line of the Class II Industrial Use.
(c)
Class III Industrial Use: The minimum separation distance from a sensitive land use and a Class III Industrial use shall be 300 m [984.2 ft.] and shall be measured from the lot line of the sensitive land use to the lot line of the Class III Industrial Use.
(See diagram illustrating separation regulation.) 104 Township of Central Frontenac Zoning By-law
4.
Agricultural Use Including a Hobby Farm (a) Any new livestock facility, manure or material storage shall comply with the Minimum Distance Separation Formulae I and II, as amended by the province from time to time, where applicable. (b)
Any new sensitive land use located on a lot greater than 1 ha [2.47 ac.] created after the date of passing of this By-law shall comply with the Minimum Distance Separation Formulae I as amended by the province from time to time, where applicable. The Minimum Distance Separation Formulae I shall not apply to lots of record 1 ha [2.47 ac.] or less.
(c)
For the purposes of the Minimum Distance Separation Formulae I and II only, a recreational vehicle shall be considered a dwelling where one (1) or more persons are able to sleep and prepare meals within the vehicle.
Separation Distance: Measured from the property line of the Industrial use to the property line of the Sensitive Land Use Distance measured
Existing Residential
(d)
Existing Lot Line
Lot
between Lot Line of existing Sensitive/Industrial
New Industrial Lot or Existing Lot
Land Use and new Industrial/Sensitive Land Use
Proposed Class 1 – 20 m
Factory
Class 11 – 70 m Class 111 – 300 m
Despite anything in this By-law to the contrary, where an existing sensitive land use that does not comply with the Minimum Distance Separation Formulae I is destroyed or rendered uninhabitable by fire or other natural cause, the building or structure may be reconstructed where the new building or structure is located no closer to a livestock facility than the original building or structure and the gross floor area and height are not increased. 105
Township of Central Frontenac Zoning By-law
(e)
Despite paragraphs (4.26 (a) – (e) the Minimum Distance Separation Formulae I and II shall not apply to sensitive land uses located within a settlement area as shown on the schedules to this By-law.
(f)
The most recent version of the Minimum Distance Separation Formulae I and II of the Ministry of Agriculture, Food and Rural Affairs shall apply to new or expanding livestock facilities and the establishment of residential uses or vice versa on properties adjacent or in proximity to livestock operations, but shall not apply between a dwelling and a livestock facility on the same lot.
(g)
Minimum Distance Separation Formulae I shall apply to all lots created after March 1, 2017.
(h)
Minimum Distance Separation Formulae I setbacks shall apply to existing lots created prior to March 1, 2017 which are used exclusively to residential purposes and vacant lots which have a lot area greater than 2 ha. [4.94 ac.]
(i)
Minimum Distance Separation Formulae I shall not apply to lot creation for surplus dwellings for an existing livestock facility and anerobic digestor on an adjacent lot or on the same lot as the existing dwelling.
(j)
Minimum Distance Separation Formulae I and II shall not apply to agriculture related uses or on-farm diversified uses with the exception of a food service such as an on-farm tea room or food concession.
(k)
Despite anything in this By-law to the contrary, where an existing sensitive land use that does not comply with the Minimum Distance Separation Formulae I is destroyed or rendered uninhabitable by fire or other natural cause, the building or structure may be reconstructed where the new building or structure is located no closer to a livestock facility than the original building or structure and the gross floor area and height are not increased.
(l)
The Minimum Distance Separation Formulae I shall not apply to the construction of accessory buildings and structures to a permitted existing dwelling on the property (e.g., deck, garage, gazebo, greenhouse, picnic area, patio, shed).
(m) The Minimum Distance Separation Formulae I shall not apply to proposed non-agricultural uses within an approved settlement area. (n)
The Minimum Distance Separation Formulae I shall not apply to any cemetery that is closed to further use or receives low levels of visitation.
Water Bodies and Wetlands 106
Township of Central Frontenac Zoning By-law
(a)
Unless otherwise stated in Section 4.17, the minimum setback from the highwater mark of a water body and the exterior boundary of an unclassified wetland for a habitable structure (e.g., dwelling, sleep cabin, garden suite), a non-residential building, an accessory building or structure (e.g., shed, storage building, detached garage) and an on-site sewage disposal system shall be 30 m [98.4 ft.]. The minimum separation distance or buffer for any development from the exterior boundary of a provincially significant wetland shall be 120 m [393.7 ft.].
(b) The minimum setback for a marine facility from the high-water mark and the exterior boundary of a wetland shall be subject to Sections 4.1.1.7 and 4.17 respectively. (c)
The minimum setback for a viewing deck or gazebo from the high-water mark and the exterior boundary of a wetland shall be 15 m [49.2 ft.].
(d) The setback shall be measured as the shortest horizontal distance from the nearest main wall of the building or structure and the exterior boundary of a wetland. [See Section 4.26.5 and Figure 4.3] (e)
The setback shall be measured as the shortest horizontal distance from the high-water mark and the nearest distribution pipe, leaching chamber or edge of a Type A dispersal bed stone layer.
(f)
A shoreline buffer zone shall be maintained between the high-water mark and any permitted use, building or structure except a marine facility in a WR, R, LSR and CR Zone. A shoreline buffer zone may be interrupted to provide for an access way or pathway to a water body or to provide for a viewscape of the adjacent or abutting water body provided that a clearing of the shoreline buffer zone to create a shoreline activity area shall not exceed 25% of the shoreline frontage of a lot occupied by a residential use or 50% for a commercial recreational use. [See also Section 4.17 and 4.27]
Rail Corridor No building or structure shall be permitted within 30 m [98.4 ft.] of the right-ofway of a rail corridor.
Ministry of Transportation The minimum setback from a provincial highway or highway intersection with a provincial highway for a building, structure¸ sign, open storage, outdoor display, a patrol yard or land use including a snowmobile or ATV recreational trail shall be as required by the Ministry of Transportation.
Areas of Natural and Scientific Interest The minimum separation distance or buffer for any development from the exterior boundary of an area of natural and scientific interest shall be 120 m [393.7 ft.]. 107
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4.27 Natural Vegetation, Shoreline Buffer and Shoreline Activity Area Land within 30 m [98.4 ft.] of the high-water mark of a water body shall be preserved as a natural vegetation shoreline buffer where the cutting or removal of trees, shrubs or ground cover will not be permitted except for the removal of dead or diseased trees, debris or noxious plants. 1.
Paragraph (1) shall not apply where a site plan agreement or development agreement is in effect; and
A shoreline buffer zone shall be maintained between the high-water mark and any permitted use, building or structure except a marine facility in a RW, R, LSR and CR Zone. A shoreline buffer zone may be interrupted to provide for an access way or pathway to a water body or to provide for a viewscape of the adjacent or abutting water body provided that a clearing of the shoreline buffer zone to create a shoreline activity area shall not exceed 25% of the shoreline frontage of a lot occupied by a residential use up to a maximum of 10 m [32.8 ft.] or 50% for a commercial recreational use up to a maximum of 30 m [98.4 ft.] [See illustration]
SHORELINE BUFFER ZONE AND SHORELINE ACTIVITY AREA
Meandering Path
Natural Vegetative Buffer (native species)
108 Township of Central Frontenac Zoning By-law
4.28 Non-Conforming and Non-Complying Uses 1.
Continuance of Existing Uses Nothing in this By-law shall apply to 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. The non-conforming use of any land, building or structure shall not be changed or enlarged except to a use which is in conformity with the provisions of the zone in which the land, building or structure is located, without permission from the Committee of Adjustment pursuant to the Planning Act.
Prior Building Permits Nothing in this By-law shall prevent the erection or use of any building or structure for which a building permit has been issued under the Building Code Act prior to the passing of this By-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under the Building Code Act;
Road Widening Nothing in this By-law shall prevent the use of any land, building or structure or the erection of any building or structure on a lot which does not comply to the minimum lot frontage and/or lot area and/or front yard setback and in the case of a corner lot, the side yard setback, as a result of a road widening taken by the Township of Central Frontenac or the Ministry of Transportation of Ontario, provided all other requirements of this By-law are complied with;
Reconstruction of Existing Use (a) Nothing in this By-law shall prevent the reconstruction or strengthening to a safer condition of any non-complying building or structure which is destroyed or rendered uninhabitable by fire or other natural cause, provided the height and gross floor area is not increased, and the new building or structure is erected or on the same building footprint. (b)
An existing non-complying building or structure may be renovated only, provided the renovation does not further reduce any zoning regulations or increase the gross floor area.
Existing Undersized Lots Despite anything else contained in this By-law, where a vacant lot having a lesser lot frontage and/or lot area than is required by this By-law is held under distinct and separate ownership from adjoining lots, according to the register for land in the Land Titles, or Registry Office, on the date of the passing of this By-law, it may be used for a purpose permitted in the zone in which the said lot is located, provided it can be adequately serviced with water and sewage services. [See Section 4.44], has a suitable building envelope, has an absolute minimum lot area 109
Township of Central Frontenac Zoning By-law
of 1,950 m2 [20,990 ft.2] and provided that all other applicable provisions in this By-law are complied with. This provision shall not apply to lots within settlement areas.
4.29 Occupancy Restrictions Human habitation shall not be permitted in any of the following buildings, structures, or parts thereof: 1. Any private garage or other building or structure which is accessory to a residential use except where the accessory building or structure is converted to an additional residential unit in compliance with Section 4.2.7 of this By-law and in compliance with the Ontario Building Code. [See photo] 2.
Any truck, bus, coach or streetcar body whether or not the same is mounted on wheels.
Any dwelling before occupancy is granted pursuant to the requirements of the Ontario Building Code.
4.30 Outdoor Display and Open Storage No person shall use any lot or part thereof for outdoor display or open storage except as permitted by this By-law and in accordance with the following: 1. Open storage except for the sale of firewood shall not be permitted within any required front yard and not closer than 5 m [16.4 ft.] to any interior side lot line or rear lot line. 2.
Where open storage areas abut a residential zone the open storage area in the nonresidential zone shall be set back a minimum of 10 m [32.8 ft.] from the lot line of the non-residential, and the open storage area shall be visually screened from said the residential zone.
Any areas used for open storage shall not reduce any minimum off-street parking area or loading areas required by this By-law.
An outdoor display area shall be permitted as an accessory use to any permitted commercial use, industrial use or public service use, provided that the outdoor display area does not reduce any required parking area or loading area required by this By-law. All outdoor display areas shall be set back a minimum of 3 m [9.84 ft.] from any front lot line or interior side lot line. Despite the above, seasonal sales of Christmas trees or a temporary sale (i.e., weekend) or a yard sale shall be 110
Township of Central Frontenac Zoning By-law
permitted to occupy a designated parking area but shall be subject to any restrictions otherwise imposed by license or permit by the Municipality. 5.
Auto Body Shop The outside storage of damaged vehicles shall be visually obscured from any adjacent land used or zoned to permit a residential dwelling.
Salvage Yard The outside storage of motor vehicles, equipment or other commodities in an authorized salvage yard shall be visually obscured from any adjacent public road or land used or zoned to permit a residential dwelling with a solid fence having a minimum height of not less than 2 m [5.65 ft.].
Paragraphs 4.30.1 – 4.30.3 shall not apply where a site plan agreement is in effect which regulates those matters.
4.31 Parks and Cemeteries Parks and cemeteries shall not be subject to the minimum lot area or lot frontage requirements of any zone in this By-law; 1. Any buildings or structures erected in a park or cemetery shall comply with the height, setback and lot coverage requirements of the zone in which the park or cemetery is located; and 2.
A park shall be permitted in any zone, but no building or structure shall be constructed or erected in an Environmental Protection Zone except for a conservation use. [See also Section 4.40]
4.32 Parking and Storage of Vehicles 1.
Except as provided herein, no vehicles shall be parked or stored in any zone unless the vehicle is located within a garage, carport, driveway, designated parking area or on a street where permitted by Municipal By-law.
No parking space in a residential zone shall be used for the outdoor parking or storage of a vehicle unless such vehicle is used in operations incidental to the main permitted use of the lot on which it is parked or stored and bears a motor vehicle license plate which is currently valid (historical vehicles as defined by MTO are exempted).
Each standard parking space or stacking space in a stacking lane shall have a minimum width of 2.7 m [8.9 ft.] and a minimum length of 6 m [19.7 ft.] where a single barrier-free parking space is provided. The minimum width of a barrier-free parking space may be reduced to 2.4 m [7.8 ft.] provided a shared access aisle having a minimum width of 1.5 m [4.92 ft.] is provided between any two barrierfree parking space. [See Figure 4.5]
111 Township of Central Frontenac Zoning By-law
Figure 4.5
Unless permitted elsewhere in this By-law, where two (2) or more uses are permitted in any one (1) building or on any one (1) lot, the total number of offstreet parking spaces shall be calculated based on the sum of parking spaces required for each separate use.
The parking space regulations shall not apply to any building or structure in existence at the date of passing of this By-law so long as the gross floor area, as it existed at such date is not increased and no change in use occurs. If an addition is made to the building or structure which increases the gross floor area, or a change in use occurs, then parking spaces for the addition or area changed in use shall be provided.
The following supplementary regulations shall apply to parking areas for dwellings in a residential zone: (a) The driveway and parking area shall be constructed of crushed stone, asphalt paving, concrete, paver stones or similar materials and shall be maintained and treated so as to reduce dust, scattering of stones and similar potentially undesirable effects on adjoining properties; (b)
No more than fifty percent (50%) of the area of any required front yard shall 112
Township of Central Frontenac Zoning By-law
be used or constructed as a driveway or parking area; and (c)
No more than fifty percent (50%) of the lot frontage as defined by this by-law shall be used or constructed as a driveway or parking area.
The following regulations shall apply to parking areas for more than four (4) vehicles: (a) The parking area shall be constructed of crushed stone, asphalt paving, concrete, paver stones, or similar materials and shall be maintained and treated; (b)
Ingress and egress directly to and from every parking space shall be by means of a driveway, lane or aisle having a width of at least 6 m [19.7 ft.] for twoway traffic and 3.5 m [11.5 ft.] for one-way traffic where parking is angled;
(c)
A driveway or lane which does not provide ingress and egress directly to a parking space, shall have a minimum width of 3.5 m [11.5 ft.] where designed for one-way vehicular circulation or 6 m [19.7 ft.] where designed for twoway vehicular circulation.
Barrier-Free Parking Wherever barrier-free access to a building is required under the Building Code, one (1) barrier-free parking space shall be provided for every 10 standard parking spaces or part thereof and shall be included in the total number of parking spaces required under the Schedule for Parking Requirements. [See Section 4.33]
Except where required otherwise by paragraph (7), driveways shall have a minimum width of 3.5 m [11.5 ft.].
Driveway Entrance Location No driveway on a corner lot shall be located closer than 15 m [49.2 ft.] from the edge of the travelled road of an intersection of a local road or 20 m [65.5 ft.] from the intersection of a collector road or provincial highway.
Except where permitted elsewhere in this By-law, the required parking for residential uses of land shall be provided on the same lot as the dwelling unit. In all other zones, parking shall be provided on the lot of the principal use or within 100 m [328.0 ft.] of the building, structure or lot it is intended to serve, subject to an agreement, deed or renewable lease which provides for same. Parking for a water access only lot or an island or part thereof shall be provided at a public access point that is secured by a legal agreement and is on the same water body.
Despite Section 4.33, if the calculation of the minimum parking space requirement results in a fraction, the minimum requirement shall be the next higher whole number (e.g., 7.23 spaces shall be deemed to require 8 parking spaces); and 113
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13.
No parking area, commercial parking lot, parking space or barrier-free parking space shall be located within 3 m [9.84 ft.] of a window of a habitable room.
4.33 Schedule for Parking Requirements In any zone, the owner or occupant of any building or structure erected, enlarged or changed in use after the date of passing of this By-law shall provide off-street parking in accordance with the following provisions: Schedule for Parking Requirements: Use
Minimum Number of Parking Spaces Required
Residential Uses: Single Detached Dwelling Semi-Detached Dwelling Duplex Dwelling Triplex Dwelling Converted Dwelling
2 spaces per dwelling unit
Seasonal Dwelling Mobile Home Row or Townhouse Dwelling Park Model Trailer Apartment Dwelling
1.5 spaces per dwelling unit (1 space per Bachelor Dwelling Unit), 15% of which shall be reserved as visitor parking
Additional Residential Unit, Dormitory, Garden Suite, LoftAbove-a-Garage, Sleep Cabin, Retirement Home, Tiny House
1 space per residential unit
1 space for each guest room in addition to the required residential spaces 1 space in addition to the required Home Based Business, Live/Work residential spaces plus 1 space per Unit employee 1 space for every 6 patient beds plus 1 Continuum-of-Care Facility space for every 4 employees. 1 space for every 5 residents plus 1 space Group Home, Crisis Care Facility per employee Bed and Breakfast Establishment
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Use
Minimum Number of Parking Spaces Required
Other Uses: Ambulance Facility Animal Shelter Art Gallery, Studio Auto Body Shop, Automobile Repair Garage, Automobile Service Station, Gasoline Bar, Gasoline Card Lock Facility Building Supply Store, Lumber Yard, Garden Centre, Nursery
1.5 spaces per employee 1 space per 30 m2 [322.9 ft.2] of gross floor area 1 space per 45 m2 [484.4 ft.2] of gross floor area 3 spaces per service bay plus 1 space per employee
1 space for every 20 m2 [215.3 ft.2] gross floor area of bulk storage 1 space per campsite plus the required Campground spaces for any associated uses based on this table (e.g., place of amusement, restaurant) Car Rental Agency 15 spaces minimum 1 waiting spaces per wash bay excluding Car Wash (self service) the wash bay Car Wash (automatic service) 5 stacking spaces per wash bay 6 spaces per practitioner or 1 space per 15 Clinic m2 [161.5 ft.2], whichever is greater Where use does not include buildings, 1 Construction Yard or Contractor’s space per hectare [2.47 ac.]. Where use Yard, Equipment and Vehicle includes buildings, 1 space per 30 m2 Storage Yard, Equipment Rental [322.9 ft.2] of gross floor area for retail, Establishment, Portable showroom and administration, plus 200 m2 Asphalt/Concrete Plant, Salvage [2,152.8 ft.2] for warehousing and Yard wholesaling, where applicable Convenience Store, Funeral Parlour, 1 space per 20 m2 [215.3 ft.2] of gross floor Personal Service Outlet area, minimum 3 spaces 1 space per employee and 1 space per 5 Day Care Facility, Private Day Care children Stacking lanes shall accommodate a Drive-through Facility minimum of 12 vehicles Equestrian Establishment 3 spaces Golf Course
4 spaces per hole, minimum 50 spaces
Heliport, Private Airfield Hotel, Motel, Bed & Breakfast Establishment, Tourist Establishment, Tourist Outfitters
1 space 1 space per guest room or suite, plus the required spaces for any associated use (e.g., restaurant) 115
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Use
Minimum Number of Parking Spaces Required
Establishment (with road access) 1 space for every 100 m2 [1,076.4 ft.2] of Industrial Use, Abattoir, Sawmill or floor area up to 200 m2 [2,152.9 ft.2], plus Planing Mill 1 additional space for every 200 m2 [2,159.9 ft.2] of floor area thereafter 1 space per 40 m2 [430.6 ft.2] of gross floor Library, Museum, Day Nursery area 1 space for every seasonal boat slip, plus 1 space for every 4 transient boat slip plus 1 Marina trailer space 3 m by 9 m for every 10 boat slips Miniature Golf Course 1.5 spaces per hole 1 space per 20 m2 [215.3 ft.2] of gross floor Offices, Public Service Use area, minimum 3 spaces 1 space per 4 persons accommodated according to the maximum permitted Place of Assembly, Place of Worship seating capacity or 1 space per 10 m2 [107.64 ft.2] where there are no fixed seats Restaurant, Tavern 1 space per 10 m2 [107.64 ft.2] Retail Store, Bank, Flea Market (where contained within a building), Factory Outlet, Brewery, Winery, 1 space per 20 m2 [215.3 ft.2] of gross floor Personal service establishment, Pet area, minimum 5 spaces Grooming Establishment, Service Outlet or Shop, Shopping Centre, Dry Cleaning, Outlet, Laundromat School (elementary) 2 spaces per classroom School (secondary) School (post-secondary) Theatre
Water access only lots and islands
Warehouse, cold storage facility, transportation depot or truck terminal All other uses not listed above
4 per classroom 1 per 100 m2 [1,076 ft.2] plus 1 per 15 students 1 space per 6 persons accommodated according to the maximum permitted capacity 2 parking spaces and a space for a trailer (for a boat) per dwelling unit shall be provided in any parking area to serve water access only or island lots. [See also Section 4.18.1] 1 space per 100 m2 [1,076.4 ft.2] of gross floor area 1 space per 30 m2 [322.9 ft.2] of gross floor 116
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Use
Minimum Number of Parking Spaces Required area
4.34 Parts of Buildings or Structures Permitted Above Height Level The height regulations in this By-law shall not apply to any of the following: 1. Air conditioning system 2. Chimney 3. Church spire or belfry 4. Communications facility 5. Drying tower 6. Elevator or stairway enclosure 7. Enclosed mechanical and electrical equipment 8. Farm buildings and structures such as a barn, silo or windmill 9. Flag pole 10. Hydro One Networks Inc. electric transmission tower 11. Ornamental dome or clock tower 12. Receiving and transmitting stations 13. Satellite dish/receiver 14. Skylight 15. Solar collector and commercial solar collector panels 16. Ventilating fan or skylight 17. Water tower or tank 18. Wind turbine /commercial wind turbine
4.35 Permitted Projections 1.
Every part of any yard required by this By-law shall be left open and unobstructed by any structure from the ground to the sky except for those structures listed in the following table. These structures shall be permitted to project into the minimum yards required by this By-law for the following specified distances:
Structure
Maximum Projection into Required Yard
Chimney breasts, cornices, sills, bay windows, pilasters, eaves or gutters, solar 0.75 m [2.46 ft.] into any required front, collectors (where attached to buildings), rear or side yard ventilators, shutters, cornices, parapets, pilasters or other ornamental structures Canopies which are at least 2.13 m (7 ft.) in vertical clearance above the established 2 m [6.5 ft.] into any required yard grade, with or without supporting posts
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Structure
Maximum Projection into Required Yard
Canopies or porticos for entrances to May project into the required yard a apartment buildings and commercial distance equal to one-half (½) the setback of buildings the building from the street line Window and solar energy awnings Steps, ramps for use by handicapped, and walkways Porch, uncovered platform landing, patio or deck, or balcony or steps
1.2 m [3.9 ft.] into any required yard May project up to 100% of any required setback into any required yard
Fire Escapes, exterior stair cases Air conditioner
1.5 m [4.92 ft.] into a side or rear yard only. 0.5 m [1.6 ft.] into any required yard 1.5 m [5 ft.] into an interior side yard or rear yard for above ground components only May project up to 100% of any required setback into any required yard
Heat pump or geothermal power facility Gate House in any Industrial Zone
3.0 m [9.8 ft.] into any required yard
Fences, hedges, shrubs, trees, freestanding walls, flagpoles, light No maximum into any yard except with standards, garden trellises, clothes lines, respect to the zone regulations for a sight bicycle racks and similar structures or triangle features No maximum into any yard provided they Solar collector, wind turbine are no closer than 3 m [9.8 ft.] to a front lot line or street line No maximum into any yard provided they Commercial Solar Collector, commercial are no closer than 3 m [9.8 ft.] to an interior wind turbine side yard or rear yard lot line or 10 m [32.8 ft.] from a street line 2.
No structure permitted to project into any required yard by paragraph (1) shall obstruct a sight triangle [See also Section 4.38]
4.36 Prohibited Uses Except as specifically permitted in this By-law, the following uses are prohibited: 1. Adult Entertainment Parlour and Body Rub Parlour; and 2.
The use of any accessory building or structure, boathouse or storage container for human habitation except as permitted in Section 4.1.2; and
The storage of inoperative rail cars, streetcars, buses, truck bodies, or trailers without wheels; and 118
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4.
The outdoor storage of partially dismantled and/or unlicensed motor vehicles or recreational vehicles, or trailers or motor vehicle or trailer parts; and
Obnoxious uses; and
Smelters, ethanol plants, the manufacturing, refining, rendering or distillation of acid, ammonia, chlorine, coal, coal oil, creosote, explosives, fireworks, glue, petroleum, tar or other gases; and
The bulk storage of industrial chemicals, and hazardous waste, or liquid industrial waste as defined under the Environmental Protection Act, R.S.O., c. E.19, as amended, and
The bulk storage of ten (10) or more disposed or used tires, and
The erection of a building or structure in a significant natural heritage feature or area (e.g., significant wildlife habitat, provincially or locally significant wetland, habitat of endangered or threatened species or area of natural and scientific interest, except for a directional or informational sign erected for conservation purposes.
4.37 Sensitive Bodies of Water Despite any part of this By-law to the contrary, within 300 m [984.3 ft.] of the high-water mark of Eagle Lake, Crow Lake, Silver Lake and the west basin of Sharbot Lake, the following provisions shall apply: 1.
Where a permitted use is proposed, such use shall only be permitted on lots of record in existence as of the date of passing of this By-law;
The maximum number of permitted dwelling units per lot shall be one (1); and
The minimum setback of any sewage disposal tile field or filter bed shall be 300 m [984.4 ft.] measured as the shortest horizontal distance from the high-water mark and the nearest distribution pipe, leaching chamber or edge of a Type A dispersal bed stone layer.
4.38 Sight Triangles 1.
Within any area defined as a sight triangle (see Figure 4.6), the following uses shall be prohibited: (a) A building, structure or use which would obstruct the vision of drivers of motor vehicles; (b)
A fence or tree, hedge, bush or other vegetation, other than agricultural crops, 119
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the top of which exceed 0.75 m [2.46 ft.] in height above the elevation of the centrelines of abutting streets;
(c)
A parking area; and
(d)
A finished grade which exceeds the elevation of the centrelines of abutting streets by more than 0.5 m [1.65 ft.]. [See Figure 4.6]
Figure 4.6
Railway Crossings No obstruction to the vision of motor vehicle operators higher than 0.75 m [2.46 ft.] above grade including, but not limited to, buildings, structures, parking spaces, open storage, vegetation or planting strips is permitted on any lot abutting an atgrade intersection of a street or private road and a railway track. Without limiting the foregoing, the area of land deemed to abut the intersection of the street or private road and a railway track includes: (a) Where automatic signal protection is provided the area within the triangle formed by commencing at the intersection of the street or private road and measuring a 3 m [9.84 ft.] line along the street or private road and the railway right-of-way and measured 3m [9.84 ft.] along the railway right-ofway; [See Figure 4.7] (b)
Where automatic signal protection is not provided the area within the triangle formed by commencing at the intersection of the centreline of the street or private road and the railway right-of-way and measuring a 45 m [147.6 ft.] line along the street or private road and connecting that line to a second line commenced at the intersection of the centreline of the street or private road and the railway right-of-way and measured 45 m [147.6 ft.] along the railway right-of-way; [See Figure 4.7] and
(c)
For the purposes of this Section, an agricultural crop, chain link fence or other similar feature that can be seen through is not an obstruction.
Figure 4.7: Illustration of Rail Sight Triangles (4.37.2 (a) and (b)
120 Township of Central Frontenac Zoning By-law
4.39 Signs Unless otherwise stated in this By-law, signs shall be permitted only in accordance with the applicable by-law(s) of the Township.
4.40 Streets In any zone established by this By-law, streets, walkways, paths, and trails are permitted.
4.41 Temporary Buildings or Structures During Construction 1.
Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building or structure or a scaffold or other equipment essential to the construction in progress for which a valid building permit has been granted, but only until such time as the work has been finished or abandoned or such equipment is no longer required.
In addition, temporary accommodation may be permitted on a lot where a building or structure for which a valid building permit has been granted and is under construction provided the form of temporary accommodation is limited to a mobile, relocatable, portable or transportable building or structure or recreational vehicle and provided: (a) Approval is obtained from the Corporation. (b)
Such temporary accommodation is removed from the lot immediately upon completion of construction, the issuance of an occupancy permit or abandonment of construction all of which as regulated by the Ontario Building Code Act and any related regulation thereto.
Nothing in this By-law shall prevent the use of land or the use or erection of a temporary sales or rental office for which a valid building permit has been issued and/or approval is obtained from the Corporation.
Nothing in this by-law shall prevent the temporary use of a recreational vehicle for the temporary occupancy of farm workers specifically employed for the planting or harvesting of crops provided the recreational vehicle complies with Section 4.43 of this by-law.
4.42 Use by Public Authority or Public Utility or Public Service Use 1.
The provisions of this By-law shall not apply to the use of any land or to the erection or use of any building or structure for a public utility installation for the purpose of public service use by the Township of Central Frontenac, the County of Frontenac and/or any public authority, any department of the Government of Ontario or Canada, including any Hydro One Networks Inc. facilities pursuant to the Planning Act, provided that where such land, building or structure is located in or abutting a zone in which residential uses of land are permitted: (a) No goods, materials or equipment shall be stored in the open;
121 Township of Central Frontenac Zoning By-law
(b)
The lot coverage and setback regulations of the zone in which such land, building or above ground structure is located shall be complied with;
(c)
Any building erected under the authority of this section shall not be used for the purpose of an office except for a government building;
(d)
Parking and loading requirements as contained in this By-law shall be complied with;
(e)
Communications facilities shall comply requirements for construction and safety.
(f)
Secondary uses, such as active and passive recreation, agriculture, community gardens, other utilities, and uses such as parking lots and outdoor storage that are accessory to adjacent lands uses, are encouraged on hydro corridor lands, where compatible with surrounding land uses. However, a proponent should be aware of the primacy of electricity transmission and distribution facilities and that secondary uses require technical approval from Hydro One Networks Inc.
with
federal
government
4.43 Water and Sewage Disposal Systems No person shall erect or use in whole or in part, any building or structure unless the use, building or structure is properly connected to an approved water supply and sewage disposal system under the Ontario Water Resources Act or the Building Code Act unless the use is exempted under the Building Code Act or prohibited or regulated by this by-law.
4.44 More than One Zone Applying to a Lot Where a lot is divided into more than one zone, each such portion of the lot shall be used in accordance with the zone regulations of this By-Law for the zone where such portion of the lot is located. Each such portion of the lot shall be considered as a separate lot for the purposes of determining zone regulations.
122 Township of Central Frontenac Zoning By-law
Section 5 5.1
ZONES
Zone Classification For the purposes of this By-law, the Township of Central Frontenac is divided into the following zones as named and described in the following sections, the boundaries of which are shown on the Zoning Schedules which are attached and form part of this By-law.
5.2
Zones Residential Zones
Zone Symbol
General Residential Zone Multiple Residential Zone Waterfront Residential Zone
R1 RM RW
Commercial Zones General Commercial Zone Recreational Commercial Zone Local Commercial Zone Business District Zone Mixed Rural Industrial-Commercial Zone
C CR CL BD MXCD
Industrial Zones Industrial Zone Rural Industrial Zone Mineral Aggregate Resource Zone Waste Management Facility Zone
M1 M2 MX WMF
Rural and Environmental Zones Rural Zone Limited Service Rural Zone Environmental Protection Zone Mining Zone Open Space Zone Heritage Zone
5.3
R LSR EP MR OS H
Interpretation of Zones and Zone Boundaries
5.3.1 Boundaries When determining the boundary of any zone as shown on any Schedule forming part of this By-law, the following provisions shall apply: 123 Township of Central Frontenac Zoning By-law
1.
A boundary indicated as following a highway, street or lane shall be the centre line of such highway, street or lane;
A boundary indicated as following a watercourse, creek, stream or the right-of-way of a railway or an electrical, gas or oil transmission line shall be the centre line of such watercourse, creek, stream or right-of-way;
A boundary indicated as following the high water mark shall follow such high water mark and in the event of a change in the high water mark, the boundary shall be construed as moving with the actual high water mark;
A boundary indicated as approximately following lot lines shown on a Registered Plan of Subdivision, or Reference Plan, or Township lot lines shall follow such lot lines;
Where a boundary is indicated as approximately parallel to a street line or other feature, indicated in clause (1), (2), and (3) above, and the distance from such street line or other feature is not indicated, and clause (4) above is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance there from shall be determined according to the scale shown on the appropriate Zone Schedule;
A boundary indicated as following the limits of the Municipality shall follow such limits; and
In the event a dedicated street, lane or right-of-way shown on any Schedule forming part of this By-law is closed, the property formerly in such street, lane or right-ofway shall be included within the zone of the adjoining property on either side of such closed street, lane or right-of-way. If a closed street, lane or right-of-way is the boundary between two or more different zones the new zone boundaries shall be the former centre line of the closed street, lane or right-of-way.
Explanatory Note – Holding Zone By-laws Holding bylaws allow future uses for land or buildings but delay development until, for example, local services such as roads are in place. The conditions for lifting the ‘h’ symbol which identifies a holding zone, are set out in the Township’s official plan. Once the condition has been met the ‘h’ symbol can be removed and development allowed to proceed. Only uses that are identified in the underlying zone are permitted. Removal of the ‘h’ symbol requires an amendment. Notice of the Council meeting to remove the ‘h’ symbol is required is required, however, there is no appeal of the removal of the ‘h’ symbol.
124 Township of Central Frontenac Zoning By-law
Explanatory Note – Temporary Use By-laws Temporary use bylaws zone land or buildings for specific uses for a maximum period of three years at a time, with more extensions possible. When the temporary use of a garden suite (such as a one-unit detached residential structure containing bathroom and kitchen facilities that is additional to an existing structure and that is designed to be portable) is authorized, the temporary bylaw may allow it for a period not exceeding 20 years, with the possibility of extensions of not more than to 3 years at a time. Temporary use by-laws accordingly have a sunset clause and the by-law expires automatically at the end of the time period specified in the by-law. Extending the life of a temporary use by-law requires a zoning by-law amendment and follows the same process as any other type of zoning amendment.
5.3.2 Permitted Uses and Accessory Uses 1.
Each zone lists Permitted Uses as well as Accessory Uses. Permitted accessory uses include customary accessory uses, buildings and structures in accordance with Section 4.1 of this By-law, as well as other accessory uses listed below ‘Accessory Uses (see Section 4.1)’ in each respective zone.
Each permitted Accessory Use includes a section or subsection of this By-law that should be referred to for further clarification of the requirements for that specific permitted accessory use.
Unless otherwise stated, a Public Service Use for Hydro One Networks Inc. and a Public Utility shall be permitted in any exception zone.
125 Township of Central Frontenac Zoning By-law
5.4 GENERAL RESIDENTIAL – R1 Zone No person shall use any land or erect, alter or use any building or structure in the General Residential (R1) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.4.1 Permitted Uses
Permitted Residential Uses • • • • • • • •
Dwelling – Converted Dwelling – Duplex Dwelling – Mobile Home Dwelling – Seasonal Dwelling – Semi-detached Dwelling – Single Detached Group Home (see 4.19) Tiny House
Permitted Non-Residential Uses • • • • • • •
Community Garden Institutional Use Live/Work Unit (see 4.20.4) Park Place of Worship Public Service Use Public Utility
Permitted Accessory Uses • Accessory use, building or structure (see 4.1.1) • Additional Residential Unit (see 4.2.7) • Bed and Breakfast Establishment (see 4.4) • Boat House (see 4.1.1.7 &8) • Day Care for Children (Private Home) (see 4.10) • Detached Private Garage • Dock (see 4.1.1.12-14) • Fence (see 4.15) • Garden Suite (see 4.2.10) • Home Based Business (see 4.20) • Recreational Vehicle (see 4.1.2) • Solar collector • Storage Container (see 4.1.3) • Swimming Pool (see 4.1.4) • Studio • Temporary Car Shelter (see 4.1.1.3 e & 4.1.1.16) • Wind turbine
5.4.2 Zone Requirements 1.
Single Detached Dwelling, Seasonal Dwelling, Group Home, Mobile Home, Semi-detached Dwelling (where both dwelling units occupy the same lot), Duplex Dwelling, Converted Dwelling, Tiny House Minimum Lot Area ……………………………………………………………. 5,000 m² [1.25 ac.] Minimum Lot Frontage …………………………………………………………… 46 m [150.9 ft.]
126 Township of Central Frontenac Zoning By-law
Minimum Yard Requirements – Main Building • • • •
Front Yard ……………………………………………………………………….. 7 m [22.9 ft.] Rear Yard ……………………………………………………………………… 7.5 m [24.6 ft.] Interior Side Yard ……………………………………………………………….. 3 m [9.8 ft.] Exterior Side Yard …………………………………………………………….. 6 m [19.7 ft.]
Maximum Building Height • •
Main Building…………………………………………………………………. 10 m [32.8 ft.] Accessory Building …………………………………………………………… 6 m [19.7 ft.]
Maximum Lot Coverage • •
Main Building………………………………………………………………………………..15% Accessory Uses, Buildings and Structures ………………………………………….5%
Maximum Number of Dwelling Units per Lot (see also Section 5.4.3.3) • • 2.
Single Detached Dwelling, Seasonal Dwelling, Group Home ………………….. 1 Semi-detached Dwelling, Duplex Dwelling, Converted Dwelling ……………. 2 Semi-detached Dwelling (where one dwelling unit occupies the same lot)
Minimum Lot Area ……………………………………………………………. 2,500 m² [0.62 ac.] Minimum Lot Frontage …………………………………………………………… 23 m [75.46 ft.] Minimum Yard Requirements – Main Building • Front Yard ……………………………………………………………………….. 7 m [22.9 ft.] • Rear Yard ……………………………………………………………………… 7.5 m [24.6 ft.] • Interior Side Yard ……………………………………………………………….. 3 m [9.8 ft.] • Exterior Side Yard …………………………………………………………….. 6 m [19.7 ft.] Maximum Building Height • •
Main Building…………………………………………………………………. 10 m [32.8 ft.] Accessory Building …………………………………………………………… 6 m [19.7 ft.]
Maximum Lot Coverage • •
Main Building………………………………………………………………………………..15% Accessory Uses, Buildings and Structures …………………………………………..5%
Maximum Number of Dwelling Units per Lot ………….. 2 (see also Section 5.4.3.3)
127 Township of Central Frontenac Zoning By-law
3.
All Other Uses (Institutional Use, Place of Worship, Public Service Use [see also Section 4.41], School) Minimum Lot Area ……………………………………………………………. 5,000 m² [1.25 ac.] Minimum Lot Frontage …………………………………………………………… 46 m [150.9 ft.] Minimum Yard Requirements – Main Building • • • •
Front Yard ……………………………………………………………………….. 7 m [22.9 ft.] Rear Yard ……………………………………………………………………… 7.5 m [24.6 ft.] Interior Side Yard ……………………………………………………………….. 3 m [9.8 ft.] Exterior Side Yard …………………………………………………………….. 6 m [19.7 ft.]
Maximum Building Height • •
Main Building…………………………………………………………………. 15 m [49.2 ft.] Accessory Building………………………………………………………….. 10 m [32.8 ft.]
Maximum Lot Coverage • •
Main Building………………………………………………………………………………..20% Accessory Uses, Buildings and Structures …………………………………………10%
5.4.3 Additional Provisions 1.
The minimum yard requirements may be reduced in the General Residential (R1) Zone where there is an established building line in accordance with Section 4.12 of this By-law.
Despite the maximum number of dwelling units per lot allowed in the General Residential (R1) Zone, additional residential units shall be permitted in accordance with Section 4.2.7.
No person shall erect any building or structure in the General Residential (R1) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street (see also Section 4.18).
Domestic Poultry and Livestock (a) A lot, vacant lands or lands occupied by a dwelling unit may be used for the keeping of domestic livestock kept or used for non-commercial food production including domestic poultry (i.e., chickens, ducks, geese, pigeons, quail, pheasants, turkeys), and domestic livestock (i.e., rabbits) based on the following nutrient unit to lot area ratio: up to 0.1 nutrient unit provided the minimum lot area shall be 0.2 ha [0.5 ac.] up to 0.2 nutrient unit provided the minimum lot area shall be 0.4 ha [1 ac.] up to 0.4 nutrient unit provided the minimum lot area shall be 0.8 ha [2 ac.] 128
Township of Central Frontenac Zoning By-law
up to 0.6 nutrient unit provided the minimum lot area shall be 1.21 ha [3 ac.] up to 0.8 nutrient unit provided the minimum lot area shall be 1.61 ha [4 ac.] up to 1.0 nutrient unit provided the minimum lot area shall be 2.02 ha [5 ac.] between 1.0 and 5.0 nutrient units provided the minimum lot area shall be 4.04 ha [10 ac.] greater than five (5) nutrient units provided the minimum lot area exceeds 4.04 [10 ac.] and provided any associated livestock facility and manure storage facility complies with the Minimum Distance Formula.
(b)
Domestic livestock shall not be deemed to include swine, goats, cattle, horses, donkeys or similar large animals.
(c)
Domestic livestock and poultry may run free range provided the lot is fenced and provided all livestock are internally sheltered overnight and that caged structures comply with the required zone regulations for setbacks.
All applicable zone regulations of Section 4 – General Provisions shall apply.
5.4.4 Exception Zones 2.
R1-X1, Part of lot 13, Concession 2, Oso
(By-law 1218-96, Oso)
Despite any provision of Section 5.4 to the contrary, on land identified as General Residential Exception 1 (R1-X1) Zone on any Schedule to this By-law, the following zone regulations shall apply: Minimum Front Yard…………………………………………….5.5 m [18.04 ft.] Maximum Floor Area for Bait Shop……………………………..75 m2 [807.3 ft.2] 2.
R1-X2, Part of Lots 14 and 15, Concession 2, Oso (By-law 2016-20) Zone Regulations • Minimum Lot Area………………………3,420 m2 [36,813.7 ft.2/0.8 ac.] • Minimum Lot Frontage…………………………………39 m [127.95 ft.]
129 Township of Central Frontenac Zoning By-law
5.5 MULTIPLE RESIDENTIAL – RM ZONE No person shall use any land or erect, alter or use any building or structure in the Multiple Residential (RM) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.5.1 Permitted Uses
Permitted Residential Uses
Permitted Accessory Uses
• • • • • • •
• Accessory use, building or structure (see 4.1.1) • Additional Residential Unit (see 4.2.7) • Bed and Breakfast Establishment (see 4.4) • Detached Private Garage • Fence (see 4.15) • Garden Suite (see 4.2.10) • Home Based Business (see 4.20) • Live/Work Unit (see 4.20.4) • Recreational Vehicle (see 4.1.2) • Solar collector • Storage Container (see 4.1.3) • Swimming Pool (see 4.1.4) • Studio • Temporary Car Shelter (see 4.1.1.3 e & 4.1.1.16) • Wind turbine
Dwelling – Apartment Dwelling – Converted Dwelling – Row or Townhouse Dwelling –Triplex Dwelling – Semi-detached Dwelling – Single Detached Group Home (see 4.19)
Permitted Non-Residential Uses • • • • • • • •
Continuum-of-Care-Facility Community Garden Park Place of Worship Public Service Use Public Utility Retirement Home School
130 Township of Central Frontenac Zoning By-law
5.5.2 Zone Requirements 1.
Residential uses containing three (3) or less dwelling units: Apartment Dwelling, Converted Dwelling, Triplex Dwelling, Row or Townhouse Dwelling Minimum Lot Area …………………………………………………………………… 1 ha [2.47 ac.] Minimum Lot Frontage …………………………………………………………… 46 m [150.9 ft.] Maximum Number of Dwelling Units per Lot ………………3 [See also Section 4.2.7] Minimum Yard Requirements – Main Building • • • •
Front Yard ……………………………………………………………………….. 7 m [22.9 ft.] Rear Yard ……………………………………………………………………… 7.5 m [24.6 ft.] Interior Side Yard ……………………………………………………………… 5 m [16.4 ft.] Exterior Side Yard …………………………………………………………….. 6 m [19.7 ft.]
Maximum Building Height • •
Main Building…………………………………………………………………. 10 m [32.8 ft.] Accessory Building …………………………………………………………… 6 m [19.7 ft.]
Maximum Lot Coverage • •
Main Building………………………………………………………………………………..10% Accessory Uses, Buildings and Structures …………………………………………..5%
- Residential uses containing four (4) or more dwellings units: Apartment Dwelling, Converted Dwelling, Row or Townhouse Dwelling Minimum Lot Area ………………………………. 1 ha [2.47 ac] plus 0.25 ha [0.62 ac] per unit above three (3) dwelling units Minimum Lot Frontage …………………………………………………………… 46 m [150.9 ft.] Minimum Yard Requirements – Main Building • • • •
Front Yard ……………………………………………………………………….. 7 m [22.9 ft.] Rear Yard ……………………………………………………………………… 7.5 m [24.6 ft.] Interior Side Yard ……………………………………………………………… 5 m [16.4 ft.] Exterior Side Yard …………………………………………………………….. 6 m [19.7 ft.]
Maximum Building Height •
Main Building…………………………………………………………………. 10 m [32.8 ft.] 131
Township of Central Frontenac Zoning By-law
•
Accessory Building …………………………………………………………… 6 m [19.7 ft.]
Maximum Lot Coverage • • 3.
Main Building………………………………………………………………………………..15% Accessory Uses, Buildings and Structures …………………………………………..5%
All Other Uses (Continuum-of-Care Facility, Place of Worship, Public Service Use (see also Section 4.41), Retirement Home, School) Minimum Lot Area …………………………………………………………………… 1 ha [2.47 ac.] Minimum Lot Frontage …………………………………………………………… 46 m [150.9 ft.] Minimum Yard Requirements – Main Building • Front Yard ……………………………………………………………………….. 7 m [22.9 ft.] • Rear Yard ……………………………………………………………………… 7.5 m [24.6 ft.] • Interior Side Yard ……………………………………………………………… 5 m [16.4 ft.] • Exterior Side Yard …………………………………………………………….. 6 m [19.7 ft.] Maximum Building Height • Main Building…………………………………………………………………. 10 m [32.8 ft.] • Accessory Building …………………………………………………………… 6 m [19.7 ft.] Maximum Lot Coverage • Main Building……………………………………………………………………………….20 % • Accessory Uses, Buildings and Structures …………………………………………10%
5.5.3 Additional Provisions 1.
Minimum landscaped open space for an apartment dwelling, continuum-of-care facility, retirement home or place of worship shall be 25% of the lot area.
No person shall erect any building or structure in a Multiple Residential (RM) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street. [See also Section 4.18]
Despite the provisions of Section 5.5.2, the minimum interior side sard requirement shall be 0 m [0 ft.] where freehold row or townhouse dwellings abut one another.
The minimum separation distance between the main walls of adjacent detached dwelling units shall be 5 m [16.4 ft.].
Accessory uses, buildings and structures, parking, accessory residential uses and other general provisions shall be in accordance with Section 4.1 of this By-law.
132 Township of Central Frontenac Zoning By-law
6.
All applicable zone regulations of Section 4 – General Provisions shall apply.
5.5.4 Exception Zones 1.
RM-X1, Part of Lot 8, Concession 1, Plan 8448, Oso (By-law 2009 – 310, Central Frontenac)
Permitted Uses •
A Multiple Unit Dwelling which shall mean a building consisting of four or more dwelling units.
Additional Provisions • •
Despite the provisions of Section 4.16.1, access shall be permitted for a lot to be developed for a 5-unit dwelling via a right-of-way to Clement Road which shall be registered on title; Despite the provisions of Section 5.5.2, the minimum lot frontage shall not be required.
133 Township of Central Frontenac Zoning By-law
5.6 WATERFRONT RESIDENTIAL – RW ZONE No person shall use any land or erect, alter or use any building or structure in the Waterfront Residential (RW) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.6.1 Permitted Uses
Permitted Residential Uses
Permitted Accessory Uses
• • • • • •
• Accessory use, building or structure (see 4.1.1) • Bed and Breakfast Establishment (see 4.4) • Boat House (see 4.1.1.7 &8) • Detached Private Garage • Dock (see 4.1.1.12-14) • Fence (see 4.15) • Garden Suite (see 4.2.10) • Home Based Business (see 4.20) • Loft-Above-a-Garage (see 4.2) • Recreational Vehicle (see 4.1.2) • Sleep Cabin (see 4.2.1-3) • Solar collector • Storage Container (see 4.1.3) • Swimming Pool (see 4.1.4) • Studio • Temporary Car Shelter (see 4.1.1.3 e & 4.1.1.16) • Wind turbine • Yurt
Dwelling – Mobile Home Dwelling- Modular Home Dwelling – Park Model Trailer Dwelling – Seasonal Dwelling – Single Detached Tiny House
Permitted Non-Residential Uses • • • •
Community Garden Park Public Service Use Public Utility (see 4.42)
134 Township of Central Frontenac Zoning By-law
5.6.2 Zone Requirements Minimum Lot Area ……………………………………………………………………………… 0.8 ha [2 ac.] Minimum Lot Frontage (back lot)……………………………………………………… 77 m [252.6 ft.] Minimum Lot Frontage (with shoreline frontage) • •
Water side Road side
……………………………………………………………………….. 77 m [252.6 ft.] ……………………………………………………………………….. 46 m [150.9 ft.]
Minimum Lot Frontage for a Shoreline Lot on a Narrow Channel • Channel Width of 90 m [295.2 ft.] or less ……………………………… 120 m [393.7 ft.] • Channel Width of 90.1 m [295.6 ft.] to 150 m [492.1 ft.] …………… 90 m [295.2 ft.] Minimum Yard Requirements - Main Building • • • • •
Front Yard (with shoreline frontage) ………………………………………….. 30 m [98.4 ft.] Front Yard (back lot) ………………………………………………………………….. 7 m [22.9 ft.] Rear Yard ……………………………………………………………………… 7.5 m [24.6 ft.] Interior Side Yard ………………………………………………………………………… 3 m [9.8 ft.] Exterior Side Yard ……………………………………………………………………… 7 m [22.9 ft.]
Minimum Yard Requirements - Accessory Building (see also Section 4.1 – Accessory Buildings, Structures and Uses) • • • • •
Front Yard (with shoreline frontage) ………………………………………….. 30 m [98.4 ft.] Front Yard (back lot) ………………………………………………………………. 7 m [22.9 ft.] Rear Yard …………………………………………………………………………………. 1 m [3.28 ft.] Interior Side Yard ………………………………………………………………………. 1 m [3.28 ft.] Exterior Side Yard ……………………………………………………………………… 7 m [22.9 ft.]
(See also Section 5.6.3 - Additional Provisions for Shoreline Structures and 4.1 – Accessory Buildings, Structures and Uses) Maximum Building Height • • •
Main Building………………………………………………………………………….. 10 m [32.8 ft.] Accessory Building…………………………………………………………………….. 6 m [19.7 ft.] Boat House ………………………………………………………………………………………. 1 storey
Maximum Lot Coverage
- Main Building 10% within 60 m [196.8 ft.] of the high-water mark/shoreline and up to 15% for the entire lot.
135 Township of Central Frontenac Zoning By-law
2. Accessory Uses, Buildings and Structures 2% within 60 m [196.8 ft.] of the high-water mark/shoreline and up to 5% for the entire lot. Maximum Number of Dwelling Units per Lot …………………………………………………………. 1 Minimum Separation Distance between the Main Walls of Adjacent Detached Dwelling Units ……………………………………………………………. 6 m [19.7 ft.] The setbacks above shall apply to development on both a public road and a private road.
5.6.3 Additional Provisions 1.
The minimum yard requirements may be reduced in the Waterfront Residential (RW) Zone where there is an established building line in accordance with Sections 4.1.1 and 4.10 of this By-law.
No person shall erect any building or structure in the Waterfront Residential (RW) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street or private road. [See Section 4.16] Where the lot or part thereof fronts on a private road, the setbacks for the erection of a building or structure shall be measured from the private road (see definition of setback).
No shoreline structure shall be permitted within a depth of 30 m [98.4 ft.] from the high water mark except a boat house, boat port, float plane hangar, or dock or as otherwise provided for in this By-law. [See Sections 4.1.1.7 – 4.1.1.9 and 4.24.5]
With the exception of a boat house (wet), boat port, float plane hangar, or dock all shoreline structures shall be constructed within the confines of the property boundaries of a lot.
The gross floor area of a boat house or boat port, shall not exceed 80 m2 [861.1 ft.2].
The construction of docks shall be according to the provisions of Section 4.1.1.8.
Despite anything in Subsection 5.6.2 to the contrary, on land within 300 m [984.2 ft.] of the highwater mark of Eagle Lake, Crow Lake, Silver Lake and the west basin of Sharbot Lake, the maximum permitted number of dwelling units per lot shall be one (1).
No shoreline structure which will destroy fish habitat shall be permitted.
The minimum separation distance between the main walls of adjacent detached
136 Township of Central Frontenac Zoning By-law
dwelling units shall be 6 m [19.7 ft]. 10.
Accessory uses, buildings and structures, parking, accessory residential uses, special setbacks and other general provisions shall be in accordance with Section 4 of this By-law.
All applicable zone regulations of Section 4 – General Provisions shall apply.
5.6.4 Exception Zones. 1.
RW-X1 - White Lake (Lots 15 to 19, Concession 7, 8 and 9, Township of Olden) (This explanatory note does not form part of the by-law. The RW-X1 exception zone applies to lands which surround White Lake. The purpose of the exception zone is to provide for larger lot sizes, larger lot frontages and reduced permitted uses as compared to other land in the Township zoned Waterfront Residential (RW), in order to provide greater protection to the water quality of White Lake.) Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 1 (RW-X1) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses Principal use • Agricultural Use, not including a Livestock Facility and Livestock sales Outlet • Dwelling – Modular Home • Dwelling – Park Model Trailer • Dwelling – Seasonal • Dwelling - Single Detached • Fish Culture Station • Garage – Detached Private • Mobile Home • Tiny House • Public Utility subject to an Environmental Assessment Accessory Uses, Buildings and Structures (see Section 4.1) • • • • •
One (1) only Dry Boat House per lot Garden Suite (see Section 4.2) Home Based Business (see Section 4.20) except a Sale of bait for recreational fishing purposes; Loft-above-a-Garage (see Section 4.2) Shoreline Structure
137 Township of Central Frontenac Zoning By-law
• •
Sleep Cabin (see Section 4.2) One (1) only Dock per lot
Prohibited Uses • Camp • Floatplane Hangar • Marina • Park • The use of a Recreational Vehicle on a vacant lot • Tourist Cabin Establishment • Tourist Establishment • Tourist Outfitters Establishment Zone Requirements Minimum Lot Area ………………………………………………………………. 1.6 ha [4.0 ac.] . Minimum Lot Frontage –Water and Road Side ………………………… 91 m [298.5 ft.] Minimum Yard Requirements - Main Building • • • • •
Front Yard (with shoreline frontage) ……………………………… 30 m [98.4 ft.] Front Yard – (Back lot) ………………………………………………….. 7 m [22.9 ft.] Rear Yard ………………………………………………………………. 7 m [22.9 ft.] Interior Side Yard ……………………………………………………………. 3 m [9.8 ft.] Exterior Side Yard …………………………………………………………. 7 m [22.9 ft.]
Minimum Yard Requirements - Accessory Building • • • •
Front Yard ………………………………………………………………. 7 m [22.9 ft.] Rear Yard ………………………………………………………………. 1 m [3.28 ft.] Interior Side Yard ………………………………………………………….. 1 m [3.28 ft.] Exterior Side Yard …………………………………………………………. 7 m [22.9 ft.]
Maximum Building Height • • •
Main Building …………………………………………………………….. 10 m [32.8 ft.] Accessory Building………………………………………………………… 6 m [19.7 ft.] Dry Boat House ……………………………………………………………………. 1 storey
Maximum Lot Coverage Main Building 10% to a maximum ground floor area footprint of 235 m2 [2,530 ft.2] within 60 m [196.8 ft.] of the high-water mark/shoreline and up to
138 Township of Central Frontenac Zoning By-law
15% to a maximum ground floor area footprint of 375 m2 [4,036 ft.2] for the entire lot Accessory Uses, Buildings and Structures 2% to a maximum ground floor area footprint within 60 m [196.8 ft.] of the high-water mark/shoreline and up to 5% to a maximum ground floor area footprint of 93 m2 [1,001 ft.2] Minimum Gross Floor Area per Dwelling Unit:……………… 27.9 m2 [300 ft.2] Maximum Number of Dwelling Units per Lot ………………………………………………. 1 Additional Provisions
(a)
Despite any provision of this By-law to the contrary, no livestock facility shall be permitted within 300 m [984 ft.] of the shoreline of White Lake.
(b)
Only single tier development shall be permitted within 300 m [984 ft.] of the high water mark of White Lake. Back lots are not permitted within 300 m [984 ft.] of the shoreline of White Lake.
RW-X2 - Bolton’s Landing Subdivision, Part of Lots 20-22, Concession 7&8, Township of Olden (By-law 1999-55) Despite any provisions of Section 5.6 to the contrary, on lands identified as the Waterfront Residential Exception 2 (RW-X2) Zone, the following zone regulations shall apply: Permitted Uses (see Section 3.0 – Definitions) • • • • • • • • • • • • • •
Accessory Use (see Section 4.1) Bed and Breakfast Establishment (see Section 4.4) Camp (see Section 4.6) Campground, Private Dwelling, Seasonal Dwelling, Single Detached Group Home (see Section 4.19) Home Based Business (see Section 4.20) Marine Facility Park (see Section 4.31) Public Utility (see Section 4.42) Mobile Home (see Section 4.2) Sleep Cabin (see Section 4.26.5) Studio
On lands described as Parts of Lots 20-22, Township of Olden under a Plan of 139 Township of Central Frontenac Zoning By-law
Subdivision, known as Ministry of Municipal Affairs and Housing File 10-T97004, a setback of 8 m [26.2 ft.] from any lot line to any shoreline shall apply save and except for Lots 48 and 35 where the setback shall be reduced to 4 m [13.2 ft.]. 3.
RW-X3, Part of lots 20 & 21, Concession 10, Township of Kennebec (By-law 4-83, Kennebec) Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 3 (RW-X3) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: Permitted Uses • • • • • • • • • • •
Accessory Use (see Section 4.1) Bed and Breakfast Establishment (see Section 4.4) Camp (see Section 4.6) Dwelling, Seasonal Dwelling, Single Detached Home Based Business (See Section 4.20) Marine Facility Park (see Section 4.31) Public Utility (see Section 4.42) Mobile Home (see Section 4.2) Sleep Cabin (see Section 4.26.5) Studio
Zone Requirements Minimum Lot Area • •
Lots 4-12………………………………………………………………………. 0.4 ha [1 ac.] Lots 13-14, 1-3, 15-17 …………………………………………………. 0.6 ha [1.5 ac.]
Minimum Lot Frontage • • •
Lots 4-12……………………………………………………………………… 50 m [164 ft.] Lots 13, 14 ………………………………………………………………….. 20 m [65.6 ft.] Lots 1-3, 15-17 ……………………………………………………………. 30 m [98.4 ft.]
Minimum Yard Requirements - Main Building • • •
Front Yard – All Lots …………………………………………………….. 9 m [29.5 ft.] Interior Side Yard ……………………………………………………….. 4.5 m [14.7 ft.] Rear Yard …………………………………………………………………… 20 m [65.6 ft.]
140 Township of Central Frontenac Zoning By-law
Minimum Yard Requirements - Accessory Building • • •
Front Yard …………………………………………………………………… 3 m [9.84 ft.] Interior Side Yard ………………………………………………………….. 3 m [9.84 ft.] Rear Yard …………………………………………………………………… 20 m [65.6 ft.]
Maximum Building Height • •
Main Building……………………………………………………………… 12 m [39.3 ft.] Accessory Building ……………………………………………………… 12 m [39.3 ft.]
Maximum Lot Coverage • •
Main Building………………………………………………………………………………35% Accessory Building …………………………………………………… 65 m2 [699.6 ft.2]
Minimum Floor Area - Main Building ………………………………….. 60 m2 [645.8 ft.2] Additional Provisions For the purposes of the Waterfront Residential Exception 3 (RW-X3) Zone, the front lot line shall be the street line and frontage shall be measured along the street line. The Park Block shall be utilized for a park or conservation area only or a Public Service Use or Public Utility as per Section 4.41 of this By-law. 4.
RW-X4, Part of Lot 26, Concession 3, Hinchinbrooke (By-law 14-96, Hinchinbrooke)
Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 4 (RW-X4) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: Permitted Uses shall include a garage/marine storage building having a maximum floor area of 30 m2 [322.9 ft2]. Minimum Lot Area …………………………………………………………….. 50 m2 [538.2 ft.2] Minimum Lot Frontage ………………………………………………………….. 5.4 m [17.7 ft.] Minimum Yards: All Yards ………………………………………………….. .0.2 m [0.656 ft.] Maximum Building Height ……………………………………………………….. 5 m [16.4 ft.] Maximum Lot Coverage ………………………………………………………………………..60% 5.
RW-X5, Part of Lot 16, Concession 1, Hinchinbrooke
141 Township of Central Frontenac Zoning By-law
Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 5 (RW-X5) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: Minimum Lot Frontage …………………………………………………….. 30.5 m [100.29 ft.] 6.
RW-X6, Part of Lot 17, Concession 10, Township of Kennebec Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 6 (RW-X6) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: On part of Lot 17, Concession 10, Township of Kennebec (assessment roll number 1039 020 010 25800 000), up to eight recreational vehicles and all other existing buildings shall be permitted
RW-X7, Part of Lot 21, Concession 11, Township of Kennebec Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 7 (RW-X7) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: On Part of lot 21, Concession 11, Plan 13R7218, Part 1, Township of Kennebec, the minimum front yard setback shall be 15 m [49.2 ft]. All existing setbacks shall be deemed to conform to this By-law.
RW-X8, Part 1, Lot 21, Concession 11, Plan 1930, Township of Kennebec Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 8 (RW-X8) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: On Lot 1, Plan 1930, Township of Kennebec, (assessment roll number 1039 010 020 22312 000), the minimum front yard setback shall be 20 m [65.6 ft.].
RW-X9, Part of Lots 18 and 19, Concession 5 and 6, Plan 1751, Township of Kennebec (Merrywood Subdivision) (By-law 4-97, Kennebec) Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 9 (RW-X9) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: Zone Requirements Permitted uses shall include a maximum of one (1) single detached dwelling together with accessory buildings and structures on Lots 1-23. No buildings or 142 Township of Central Frontenac Zoning By-law
structures shall be constructed below the 201 m [659.4 ft.] contour elevation. No buildings or structures shall be constructed on Blocks A, B, C or D, such blocks being designated for a park or open space use.
RW-X11, Part of Lot 8, Concession 1, Oso (By-law 1162-94, Oso) Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 11 (RW-X11) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: Permitted Uses •
A public access point on which only a dock shall be permitted
Minimum Lot Area ………………………………………………………… 400 m2 [4,305.7 ft.2] Minimum Lot Frontage ………………………………………………………….. 2.5 m [8.20 ft.] Minimum distance between the dock and either side lot line …………. 3 m [9.84 ft.]
RW-X13, Part of Lot 11, Concessions 2 & 3, Olden
(By-law 2005-189)
Despite any provision of Section 5.6.2, to the contrary, on land identified as Waterfront Residential Exception 13 (RW-X13), on any schedule to this by-law, the following zone regulations shall apply: Zone Requirements Severed Parcel B (B-28-04-OL) • Minimum Lot Area……………………………………………… 4 ha [9.9 ac.] • Minimum Lot Frontage (water) ………………………….. 193 m [633 ft.] • Minimum Lot Frontage (private road) …………… 325 m [1,066.3 ft.] Severed Parcel B (B-29-04-OL) • Minimum Lot Area……………………………………………… 1.6 ha [4 ac.] • Minimum Lot Frontage (water) ……………………….. 145 m [475.7 ft.] • Minimum Lot Frontage (private road) ……………… 148 m [485.6 ft.] • Minimum setback from High Water Mark for buildings, structures and sewage disposal system ……………………………… 40 m [131.3 ft.] Retained Parcel (B-28-04-OL & B-29-04-OL) • Minimum Lot Area……………………………………….. 12.3 ha [30.4 ac.] • Minimum Lot Frontage (water) ……………………. 815 m [2,673 .9 ft.] • Minimum Lot Frontage (private road) ……………… 282 m [925.2 ft.] Additional Provisions (a) That the proposed sewage disposal system be located to the rear of any dwelling. (b) That all lands located between the top of the slope and the high water mark be retained as an undisturbed natural vegetation buffer aside from a narrow pedestrian access window to the water.
143 Township of Central Frontenac Zoning By-law
12.
RW-X14, Part of Lot 1, Concession 4, Oso (By-law 2004-159) Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 14 (RW-X14) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: Permitted Uses • •
Seasonal Dwelling Accessory uses, buildings and structures related to the foregoing [See Section 4.1]
Zone Requirements Minimum Front Yard with shoreline frontage…………………………… 40 m [131.2 ft.] Additional Provisions Minimum setback from shoreline for all sewage disposal beds ….. 60 m [196.9 ft.] No vegetation shall be removed between the dwelling and the shoreline except to accommodate a narrow pathway for pedestrian access to Crow Lake. 13.
RW-X15, Part of Lot 1, Concession 4, Oso (By-law 2004-159) Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 15 (RW-X15) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: Permitted Uses • •
Seasonal Dwelling Accessory Uses (see Section 4.1)
Zone Requirements Minimum Front Yard with shoreline frontage ………………………….. 40 m [131.2 ft.] Additional Provisions (a) (b)
Minimum Front Yard with shoreline frontage …………………. 60 m [196.9 ft.] No vegetation shall be removed between the dwelling and the shoreline except to accommodate a narrow pathway for pedestrian access to Crow Lake
144 Township of Central Frontenac Zoning By-law
14.
RW-X16, Plan 13R-484, Parts 5 and 6, Part of Lot 8, Concession 10, Former Township of Hinchinbrooke (By-law 2006-200) Despite any provision of Section 5.6 to the contrary, on land identified as the Waterfront Residential Exception 16 (RW-X16) Zone on any Schedule to this Bylaw, the minimum lot frontage shall be 84.6 m [277.56 ft.] measured along the high-water mark.
RW-X17-h, Part of Lots 17 and 18, Concession 7, and part of Lot 17, Concession 8, Former Township of Kennebec. (By-law 2007-244, Central Frontenac)
Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 17-Holding (RW-X13-h) Zone on any Schedule to this By-law, the following zone regulations shall apply: (a)
Permitted Uses: • • • • • • •
Dwelling, Seasonal Dwelling, Single-detached Mobile Home Park Private Campsite Recreational Vehicle Accessory uses including a gazebo, utility or storage shed, detached garage, swimming pool
Prohibited Uses: • • • • •
Boat House Sauna or Steam Bath Garden Suite Commercial Use Sleep Cabin
No development shall be permitted on any lands outside of a prescribed Development Cluster except where a road or public utility corridor is required to access development within a Development Cluster. Lands outside a Development Cluster not used for a road or public utility corridor shall be utilized for parks or open space purposes only. (b)
Definitions Development Cluster
145 Township of Central Frontenac Zoning By-law
Shall mean an area of land shown on a zoning By-law schedule within which a mix of recreational and residential uses is permitted up to a specified maximum density. Private Campsite Shall mean an area of land providing short term accommodation for tents where no fee is paid or charged and where the use is limited to the owner, members of his/her household, extended family or friends. Recreational/Residential Unit or Unit Shall mean a parcel of land which is legally described for private ownership and private occupancy by either a seasonal dwelling or a single detached dwelling or a mobile home or a recreational vehicle or a private campsite as defined in this By-law. (c)
Zone Requirements – Density The maximum number of recreational/residential units and the maximum density of units within a prescribed Development Cluster shall be set out in Table 1. The boundary within a prescribed Development Cluster shall be set out in Table 1. The boundary of a development cluster shall be as set out on Schedule ‘A’ to this By-law. The total or overall number of recreational/residential units in the RW-X13 Zone shall not exceed 53. A single recreational based use shall mean a maximum of one recreational vehicle on a unit.
Cluster # 1 2 3 4
(d)
Table 1 – Development Cluster Standards Recreational/Residential Maximum Density Units 10 0.4 ha [0.98ac.]/unit 10 0.7 ha [1.7 ac.]/unit 16 0.4 ha [0.98]/unit 17 0.58 ha [1.4 ac.]/unit
Zone Requirements – Setback and Separation Distances, Zone Standards The Minimum Zone Requirements in the Waterfront Residential Special Exception Seventeen Holding (RW-X17-h) Zone shall be as set out in Table 2 – Zone Requirements. Permitted exceptions to the minimum standards are set out in Table 2 for Units as indicated. Where cells are left blank, the zone standard shall be as set out in the heading to the column. Exceptions to the
146 Township of Central Frontenac Zoning By-law
Zone Requirements shall apply to existing development as of the effective date of this By-law. All figures in Table 2 are set out in metric units except when indicated as a percentage (e.g., ha is for hectare and ‘m’ is for metre).
147 Township of Central Frontenac Zoning By-law
148 Township of Central Frontenac Zoning By-law
149 Township of Central Frontenac Zoning By-law
150 Township of Central Frontenac Zoning By-law
(e)
Zone Standards – Additional Provisions 1.
Docks: Section 4.1.1(k) shall apply to the construction of any docks. A maximum of one dock shall be permitted for any Recreational/Residential Unit having direct shoreline frontage. Where a Unit shares a communal dock, an additional dock for the Unit shall not be permitted. Recreational Vehicles: A maximum of one (1) recreational vehicle may be stored on a Recreational/Residential Unit where the principal use of the Unit is a seasonal dwelling or a single detached dwelling. Natural Vegetation and Vegetation Buffer: The provisions of Section 4.27 shall apply to a natural vegetation buffer. and Parking: Sections 4.32 and 4.33 of this Zoning By-law shall apply with respect to parking standards.
Holding Provisions 1.
Water and Sewage Systems No development or redevelopment shall be permitted and no holding symbol shall be removed for a Recreational/Residential Unit or on a Development Cluster on lands zoned as Waterfront Residential Special Exception Seventeen Holding (RW-x17-h) unless the Unit or Development Cluster can be serviced by an approved sewage and water system as per the requirements of the Building Code Act or the Ontario Water Resources Act and other related legislation such as the Safe Drinking Water Act and the Clean Water Act, whichever has application. Prior to applying for approval for development or redevelopment of a unit, the owner shall demonstrate to the satisfaction of the Municipality and any other applicable agency or Ministry that the Ministry of the Environment, Conservation and Parks Guideline D-5-4 and D-5-5 as amended from time-to-time are satisfied with respect of water supply and impact assessment.
Construction of Buildings and Accessory Uses, Buildings and Structures No development or redevelopment shall be permitted and no holding symbol shall be removed for a Recreational/Residential Unit or on a Development Cluster on lands zoned Waterfront Residential Special Exception Seventeen Holding (RW-x17-h) except in compliance with Table 2 – Zone Requirements.
151 Township of Central Frontenac Zoning By-law
“All residential development within 120 m of the shoreline of a waterbody shall be subject to site plan control.”
152 Township of Central Frontenac Zoning By-law
Schedule A to By-law 2007-244
153 Township of Central Frontenac Zoning By-law
16.
RW-X17A, Part of Lot 1, Concession 4, Former Township of Olden (By-law 2006-210)
Despite any provision of Section 5.6 to the contrary, on land identified as Waterfront Residential Exception 18 (RW-X17A) Zone on any Schedule to this By-law, the following zone regulations shall apply: Minimum Lot Area ………………………………………………….. 0.37 ha [0.91 ac.] Minimum Front Yard – Water (Dwelling)………………………….. 24 m [79 ft.] Minimum Rear Yard – Road (Dwelling) ……………………………… 7 m [23 ft.] Minimum Frontage – Water………………………………………. 29.2 m [95.83 ft.] Minimum setback for sewage disposal systems ……………….. 30 m [98.4 ft.] In addition to the above provisions, a tile field for a sewage disposal system shall be limited to a location legally described as Part 2, Plan 13R-706753. In addition, the applicant is required to enter into a Site Plan Agreement indicating the building envelope, natural vegetation buffer, location of sewage disposal system and proposed setbacks from the shoreline for development.
RW-X20, Part of Lot 2, Concession 4, RP 13R103 (Part 6), Former Township of Olden (By-law 2006-219, Central Frontenac)
Despite any provision of Section 5.6.2 to the contrary, on land identified as Waterfront Residential Exception 20 (RW-X20) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: Minimum Lot Area …………………………………………………………….. 0.42 ha [1.03 ac.] Minimum Lot Frontage (shoreline) ……………………………………… 53.4 m [175.2 ft.] Minimum Lot Frontage (road) …………………………………………………… 45.8 [150 ft.] 18.
RW-X21, Part of Lot 2, Concession 4, RP 13R103 (Part 7), Olden (By-law 2006-219, Central Frontenac)
Despite any provision of Section 5.6.2 to the contrary, on land identified as Waterfront Residential Exception 21 (RW-X21) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: Minimum Lot Area ………………………………………………………………. 0.28 ha [0.7 ac.] Minimum Lot Frontage (shoreline) ………………………………………… 32.9 m [108 ft.] Minimum Lot Frontage (road) …………………………………………….. 27.2 m [89.15 ft.] 19.
RW-X22, Part of Lot 12, Concession 3, Olden (By-law 2006-222, Central Frontenac)
154 Township of Central Frontenac Zoning By-law
Despite any provision of Section 5.6.2 to the contrary, on land identified as Waterfront Residential Exception 22 (RW-X22) Zone on any Schedule to this Bylaw, the following zone regulations shall apply: Zone Regulations Minimum Lot Frontage (road) …………………………………………………. 24 m [78.7 ft.] 20.
RW-X23, Part of Lots 8 and 9, Concession 2, Oso (By-law 2007-246, Central Frontenac)
In addition to the zone regulations in Section 5.6.2, the following provisions apply: Minimum Lot Area …………………………………………………………………… 0.4 ha [1 ac]. Minimum Front Yard Setback (with water frontage) …………………… 60 m [197 ft.] Minimum Lot Frontage
- Shoreline …………………………………………………………………. 68.64 m [225 ft.]
- Road ……………………………………………………………………….. 81.05 m [266 ft.]
RW-X24, Part of Lots 7 and 8, Concession 3, Oso (By-law 2007-249, Central Frontenac)
Notwithstanding any other provisions zone regulations of this By-law within the Waterfront Residential Exception 24 (RW-X24) Zone the minimum lot frontage shall be 63.9 m [157.9 ft.]. 22.
RW-X25, Part of Lot 19, Concession 3, Hinchinbrooke (By-law 2008-258, Central Frontenac)
Notwithstanding any other provisions of this By-law within the Waterfront Residential Exception 25 (RW-X25) Zone: Minimum Lot Area …………………………………………………………….. 0.32 ha [0.78 ac.] Minimum Lot Frontage (road) ……………………………………………….. 30.5 m [100 ft.] Minimum Lot Frontage (shoreline) ………………………………………….. 25.9 m [85 ft.] Minimum Rear Yard Requirement ……………………………………………….. 2.4 m [8 ft.] Minimum Interior Side Yard Requirement ……………………………………….. 1.5 [5 ft.] 23.
RW-X26, Part of Lot 6, Concession 2, Oso (By-law 2008-257, Central Frontenac)
Notwithstanding any other zone regulations of this By-law within the Waterfront Residential Exception 26 (RW-X26) Zone: •
Minimum Front Yard requirement with shoreline frontage …. 16.8 m [55 ft.]
155 Township of Central Frontenac Zoning By-law
24.
RW-X28, Part of Lot 2, Concession 4, Olden (By-law 2008-262, Central Frontenac)
Notwithstanding any other zone regulations of this By-law within the Waterfront Residential Exception 28 (RW-X28) Zone: • • • • 25.
Minimum Lot Area……………………………………………………….. 0.65 ha [1.6 ac] Minimum Lot Frontage …………………………………………………. 59.2 m [227 ft.] Minimum Front Yard main building setback with shoreline frontage ………………………………………………… 29.5 m [96.8 ft.] Minimum Accessory Dwelling setback from shoreline ………. 10 m [32.8 ft.]
RW-X29, Part of lot 14, Concession 13, Hinchinbrooke (By-law 2008-276, Central Frontenac)
Notwithstanding any other zone regulations of this By-law within the Waterfront Residential Exception 29 (RW-X29) Zone: •
The minimum front yard setback from the shoreline for a single detached dwelling shall be 23 m [75.46 ft.]
RW-X30, Part of Lot 14, Concession 13, Hinchinbrooke (By-law 2008-275, Central Frontenac)
Notwithstanding any other zone regulations of this By-law within the Waterfront Residential Exception 30 (RW-X30) Zone: •
Minimum setback from the shoreline for all existing shoreline structures shall be 10 m [32.8 ft.]
RW-X31, Part of Lot 28, Concession 1, Olden (By-law 2008-281 and 282, Central Frontenac)
Despite any other zone regulations of this By-law to the contrary, on lands identified as Waterfront Residential Exception 31a (RW-X31a) Zone, the following zone regulations shall apply: Permitted Uses • • •
Dwelling – Single Detached Accessory Uses Private garage with a residential loft above
Zone Requirements 156 Township of Central Frontenac Zoning By-law
Minimum Lot Area …………………………………………………………….. 0.44 ha [1.08 ac.] Minimum Lot Frontage …………………………………………………………. 45 m [147.6 ft.] Minimum Yard Requirements – Accessory Building • • • •
Rear Yard ………………………………………………………………………….. 7 m [22.9 ft.] Interior Side Yard ……………………………………………………………….. 1 m [3.28 ft.] Front Yard (shoreline) … 30 m [98.4 ft.] measured from the top of the bank of the creek; and No private garage or private garage with a residential loft above shall be erected closer to the front lot line (shoreline) than the front yard setback of the main building (dwelling).
Maximum Building Height •
Accessory Building …………………………………………………………….. 6 m [19.7 ft.]
Maximum Lot Coverage • •
Main Building………………………………………………………………………………….15% Accessory Uses, Buildings and Structures …………………………………………….2%
Maximum number of Dwelling Units per lot ………………………………………………… 1 Maximum Floor Area of a Residential Loft …………………………. 37 m2 [298.26 ft.2] Additional Provisions
(a)
A maximum of one dock shall be permitted. Any dock constructed on the shoreline of Dead Creek shall be a seasonally removable structure, be above the water surface, and be built with adjustable legs and of non-toxic building materials. The construction of a dock shall not permanently alter the shoreline below the high-water mark except to accommodate the placement or use of docks;
(b)
A viewing deck shall be permitted a minimum setback of 3 m [9.84 ft.] from the top of the bank of Dead Creek, shall not exceed 16.7 m2 [180 ft.2] in total area. A viewing deck may be screened-in but shall not be enclosed with walls; and
(c)
A private garage with a residential loft may contain sanitary facilities but shall not include cooking facilities.
RW-X32, Part of Lot 28, Concession 1, Olden (By-law 2008-282, Central Frontenac)
157 Township of Central Frontenac Zoning By-law
Despite any other zone regulations of this By-law to the contrary, on lands identified as Waterfront Residential Exception 32 (RW-X32) Zone, the following regulations shall apply: Permitted Uses • Dwelling – Single Detached • Accessory Uses • Private Garage with a residential loft above Zone Requirements Minimum Lot Area …………………………………………………………….. 0.43 ha [1.06 ac.] Minimum Lot Frontage …………………………………………………………. 47 m [154.2 ft.] Minimum Yard Requirements – Accessory Building • • • •
Rear Yard ……………………………………………………………………….. 7 m [22.9 ft.] Interior Side Yard …………………………………………………………….. 1 m [3.28 ft.] Front Yard (shoreline): 30 m [98.4 ft.] measured from the top of the bank of the creek No private garage or private garage with a residential loft above shall be erected closer to the lot line (shoreline) than the front yard setback of the main building (dwelling)
Maximum Building Height •
Accessory Uses, Buildings and Structures …………………………… 6 m [19.7 ft.]
Maximum Lot Coverage • •
Main Building ………………………………………………………………………………15% Accessory Building …………………………………………………………………………2%
Maximum Number of Dwelling Units Per Lot ……………………………………………… 1 Maximum Floor Area of a Residential Loft …………………………. 37 m2 [298.26 ft.2] Additional Provisions (a) (b)
A maximum of one dock shall be permitted. A private garage with a residential loft may contain sanitary facilities but shall not include cooking facilities.
RW-X33-h, Part 1 of RP Number 13R-2854 of Part Lot 28, Concession 1, Olden (By-law 2009-292, Central Frontenac)
158 Township of Central Frontenac Zoning By-law
Despite any other zone regulations of this By-law to the contrary, on lands identified as Waterfront Residential Exception 33 Holding (RW-X33-h) Zone, the following zone regulations shall apply: Permitted Uses • •
Dwelling – Seasonal Accessory Use
Zone Requirements Minimum Lot Area …………………………………………………………………… 0.4 ha [1 ac.] Minimum Lot Frontage …………………………………………………………. 47 m [154.2 ft.] Minimum Yard Requirements - Main Building • • • •
Front Yard (shoreline) 60 m [196.85 ft.] measured from the top of the bank of Dead Creek Rear Yard ……………………………………………………………………….. 7 m [22.9 ft.] Interior Side Yard …………………………………………………………….. 3 m [9.84 ft.] Exterior Side Yard ……………………………………………………………. 7 m [22.9 ft.]
Minimum Yard Requirements – Accessory Building • • • •
Front Yard (shoreline) 60 m [196.85 ft.] measured from the top of the bank of Dead Creek Rear Yard ……………………………………………………………………….. 1 m [3.28 ft.] Interior Side Yard …………………………………………………………….. 1 m [3.28 ft.] Exterior Side Yard ……………………………………………………………. 7 m [22.9 ft.]
Maximum Building Height • •
Main Building ……………………………………………………………….. 10 m [32.8 ft.] Accessory Building ………………………………………………………….. 6 m [19.7 ft.]
Minimum Lot Coverage • •
Main Building …………………………………………………………………………….. 15% Accessory Uses, Buildings or Structures ……………………………………………2%
Maximum number of dwelling units per lot ………………………………………………….. 1 Maximum number of accessory buildings/structures per lot …………………………… 1 Additional Provisions
159 Township of Central Frontenac Zoning By-law
(i)
The minimum setback from the bank of Dead Creek for a sewage disposal tile bed shall be 60 m [196.85 ft.];
(ii)
A maximum of one dock shall be permitted. Any dock constructed on the shoreline of Dead Creek shall be a seasonally removable structure, be above the water surface, and be built with adjustable legs and of non-toxic building materials. The construction of a dock shall not permanently alter the shoreline below the high-water mark except to accommodate the placement or use of a dock; and
(iii) The cutting or removal of trees shall not be permitted within 30 m [98.4 ft.] of the top of the bank of Dead Creek unless they are diseased or require pruning The Holding (-h) symbol shall only be removed by by-law upon completion of the following conditions: (i)
Approval from the Kingston, Frontenac and Lennox & Addington Health Unit for a sewage disposal system; and
(ii)
Provision of a Well Record (as per Ontario Regulation 903) demonstrating an adequate supply of potable water (quality and quantity) for a well drilled on lands zoned RW-X33-h); or
(iii) Proof of the availability of a potable surface source water supply satisfactory to meeting the requirements of the Building Code. 30.
RW-X34, Part of Lots 28 and 29, Concession 1, Olden (By-law 2009-298, Central Frontenac)
Despite any other zone regulations of this By-law to the contrary, on lands identified as Waterfront Residential Exception 34 Holding (RW-X34) Zone, the following zone regulations shall apply: (a)
Notwithstanding the provisions of Subsection 4.21.6 and Section 5.6.2, no main building or accessory building shall be located less than 50 m [164 ft.] from the shorelines of the wetland and Hungry Lake, and from the top of the bank of Dead Creek;
(b)
Any on-site sewage disposal system’s leaching bed or pit shall be located on flat land and, notwithstanding the provisions of Subsection 4.26.5, be located no less than 50 m [164 ft.] from the shorelines of the wetland and Hungry Lake, and from the top of the bank of Dead Creek;
(c)
Notwithstanding the provisions of Subsection 5.6.3.5, no boat house, boat port, float plane hangar or wharf shall be permitted;
160 Township of Central Frontenac Zoning By-law
31.
(d)
Any dock constructed on the shoreline of Dead Creek shall be a seasonally removable structure, be above the water surface, and be built with adjustable legs and of non-toxic building materials. The construction of a dock shall not permanently alter the shoreline below the high-water mark except to accommodate the placement or use of a dock. A maximum of one dock shall be permitted;
(e)
Any stairway constructed on the subject lands built to access the shoreline shall be constructed of wood; and
(f)
No buildings shall be erected on lands with a slope of greater than 5% or on exposed rock ridges or organic soils.
RW-X35, Part of Lots 26 & 27, Concession 2, Olden (By-law 2010-339, Central Frontenac)
Despite any other zone regulations of this By-law to the contrary, on lands identified as Waterfront Residential Exception 35 Holding (RW-X35) Zone, the following zone regulations shall apply: Additional Provisions
(a)
No development including the installation of an on-site water well or any part of a sewage disposal system shall be permitted on any wetland or on any 30 m [98.4 ft.] buffer; and
(b)
No development shall be permitted until a site plan agreement has been entered into and registered against title to the lands.
RW-X36, Part of Lot 26 & 27, Concession 2, Olden (By-law 2010-349)
Despite any other provisions of this By-law to the contrary, on lands identified as Waterfront Residential Special Exception 36 (RW-X36) Zone, the following regulations shall apply: Additional Provisions (a)
No development including the construction or erection of any building or the installation of an on-site water well or any part of a sewage disposal system shall be permitted within 32 m [104.9 ft.] measured from the shoreline of Hungry Lake to the main wall of the building, but a further encroachment of 2 m [6.56 ft.] may be permitted for a screened in porch and stairway;
(b)
That access to the shoreline shall be via a constructed pathway only; and
161 Township of Central Frontenac Zoning By-law
(c)
No development shall be permitted until a site plan agreement has been entered into and registered against the title to the lands.
RW-X36A, Part of Lot 28, Concession 1, Olden
(By-law 2011-23)
Despite any other zone regulations of this By-law to the contrary, on lands identified as Waterfront Residential Special Exception 36A (RW-X36A) Zone, the following zone regulations shall apply: Additional Provisions
(a)
Only one building envelope on the lot shall be permitted.
(b)
Despite Section 5.6.1 of this Zoning By-law, only a seasonal dwelling shall be permitted. A boat house shall not be permitted as an accessory use.
(c)
No timber cutting shall be permitted except to accommodate the footprint of the building.
(d)
No building envelope shall be built or situated on exposed rock ridges.
(e)
No building envelope shall be constructed on a slope of greater than 10%.
(f)
The minimum setback from any high-water mark for any sewage disposal system shall be 50 m [164 ft.].
(g)
The provisions of Section 4.26 of this Zoning By-law shall not apply. Despite Section 4.26, the shoreline and as much of the lot area with the exception of the building envelope shall be retained in its natural state while access to the shoreline shall be limited to a wooden walkway only.
(h)
The provisions of Section 4.1.1(g) and (h) shall not apply. Despite Sections 4.1.1 (g) and (h), any dock shall be a seasonally removable structure and the deck of the dock shall be located above the water surface and on adjustable legs.
(i)
The provisions of Section 5.6.3 of this By-law shall not apply except for Section 5.6.3.10 with respect to fish habitat.
RW-X37, Part of Lot 29, Concession 2, Hinchinbrooke, Reference Plan 13R2255, Brigden’s Island (By-law 2012-36) Permitted Uses Principal use • Seasonal Dwelling Accessory Use
162 Township of Central Frontenac Zoning By-law
•
Accessory uses to the foregoing permitted use
Additional Provisions (a) Within the 30 m [98.4 ft.] extending landward from the high water mark, prohibited uses or activities shall include impervious cover, septic tanks and sewage disposal beds, clear cutting of vegetation and trees, pesticide application, storage or disposal of wastes and fuel. A boat house shall also be prohibited. (b) Maximum Number of Lots and Units: The maximum number of lots in the RW-X37 Zone shall be ten (10). The maximum number of seasonal dwelling units shall be the existing 10 unites. This by-law shall also permit the continuance of existing accessory sleep cabins. 35.
RW-X38, Part of Lots 31 and 32, Concession 8, Kennebec (By-law 2011-56) Permitted Uses Principal use • Seasonal Dwelling • Single Detached Dwelling Accessory Uses, Buildings and Structures • Existing Accessory Uses, Buildings and Structures Additional Provisions The existing lot area, lot frontage and setbacks are hereby recognized as complying. No extensions, alterations, reconstruction or repairs shall be permitted which will further reduce any existing setback from the shoreline of Gull Lake.
RW-X39, West ½ of Lot 8, Concession 5, Oso (By-law 2012-28) Minimum Lot Frontage on the road side:
6 m [19.6 ft.]
RW-X40, Part of Lots 18, 19 and 20, Concession 9, Kennebec (By-law 2012-37) (a) Maximum length of any dock shall be 10 m [32.8 ft.]. (b) No boat houses or crib docks shall be permitted to be constructed. (c) That the minimum lot frontage shall be reduced to 55 m on Lot 24
RW-X41, Part of Lot 19, Concession 3, Hinchinbrooke (By-law 2013-41) Despite the requirements of Section 5.6.3, on lands located in the RW-X41 Zone, the minimum lot area shall be 0.8950 ha [2.21 ac.] and the minimum lot frontage shall be 70 m [229.6 ft.] along the shoreline of Elbow Lake and 93 m [305.1 ft.] along Road 38.
163 Township of Central Frontenac Zoning By-law
39.
RW-X42, Part of Lot 19, Concession 3, Hinchinbrooke (a)
(b)
Despite the requirements of Section 5.6.3, on lands located within the RWX42 Zone, a sleep cabin as defined is permitted provided that the maximum floor area shall not exceed 60 m2 [645.8 ft.2] and the minimum front yard setback to any art of the building or deck shall not be less than 10 m [32.8 ft.].
RW-X43, Part of Lots 11 and 12, Concession 9, Olden (a)
(b)
(By-law 2013-41 Despite the requirements of Section 5.6.3, on lands located in the RW-X42 Zone, the minimum lot area shall be 0.6970 ha [1.72 ac.] and the minimum lot frontage shall be 70 m [229.6 ft.] along the shoreline of Elbow Lake and 53 m [173.8 ft.] along Road 38.
(By-law 2015-34) Despite Section 4.26 of the by-law, a sewage disposal tile field or filter bed may be permitted within 300 m [984.4 ft.] of the high water mark of Sharbot Lake in accordance with the location identified in the development agreement registered on title on the subject lands. A maximum of one (1) sewage disposal system and one (1) dwelling unit is permitted.
RW-X44, Part of Lot 28, Concession 1, Olden (By-law 2021-31) Permitted Uses Principal use • Single Detached Dwelling • Seasonal Dwelling Accessory Use, Buildings and Structures • Storage Shed • Privy • Floating Dock Prohibited Uses • Boat House • Permanent Dock Zone Regulations Minimum Yard Requirements – Main Building • Front Yard…………………………………..15 m [49.2 ft.] • Interior/Rear Yard (eastern property line)….7 m [22.9 ft.] Minimum Yard Requirements – Accessory Buildings and Structures • Front Yard (all shorelines)………………….15 m [49.2 ft.] • Interior/Rear Yard (eastern property line)….3 m [9.84 ft.] Maximum Building Height • Main Building………………………………6 m [19.6 ft.] 164
Township of Central Frontenac Zoning By-law
• Accessory Buildings and Structure…………4 m [13.1 ft.] Minimum Ground Floor Area • Main Building……………………………….93 m2 [1,001 ft.2] • Accessory Building………………………..10 m2 [107.6 ft.2] Maximum number of Dwelling Units……………….1 Maximum number of Accessory Buildings • 2 including a privy Minimum Setback of a sewage disposal system……..15 m [49.2 ft.] from any shoreline Minimum Parking Requirements • Off-street parking not required Definition Ground Floor Area means the total area of the ground floor of a building measured between the exterior faces of the exterior walls of the building, and includes the area of any exterior decks or balconies.
165 Township of Central Frontenac Zoning By-law
5.7 GENERAL COMMERCIAL – C ZONE No person shall use any land or erect, alter or use any building or structure in the General Commercial (C) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.7.1 Permitted Uses • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Animal Shelter Antique Store Art Galley Auto Rental Establishment* Auto Repair Garage Auto Service Station (see also Section 4.3)* Automotive Sales Establishment* Bake Shop Bakery Bank or Financial Institution Brewery or Winery Building Supply Store* Call Centre Car Wash * Catering Establishment Cheese Factory/Outlet Clinic Commercial Greenhouse* Convenience Store Drive-Through Facility (see also Section 4.11) Equipment Rental Establishment* Farmer’s Market Flea Market Funeral Parlour Garden Centre Gasoline Bar (see also Section 4.3)* Gasoline Card Lock Facility* Green Energy Industries Hotel/Motel Refreshment Sales Vehicle*
• • • • • • • • • • • • • • • • • • • • • • •
Live/Work Unit (see Section 4.20.4) Office Park Parking Lot - Commercial Personal Service Establishment Place of Amusement Place of Assembly Place of Worship Public Service Use /Public Utility (see Section 4.42) Recreational Commercial Establishment Recreational Vehicle Sales and Storage and Repair* Restaurant Retail Store Self-Storage Facility Solar Collector Studio Tourist Establishment Tourist Outfitters Establishment Veterinary Establishment Warehouse* Wellness Centre Workshop or Custom Workshop Existing Residential Uses
Accessory Uses, Buildings and Structures (see Section 4.1) •
Accessory Dwelling (see Subsection 5.7.3.1)
166 Township of Central Frontenac Zoning By-law
• •
Additional Residential Unit (see Section 4.2) Bed and Breakfast Establishment (see Section 4.4)
• • •
Garden Suite (see Section 4.2) Home Based Business (see Section 4.20) Storage Container (see Section 4.1.3)
5.7.2 Zone Requirements Minimum Lot Area ……………………………………………………………………. 5,000 m² [1.25 ac.] Minimum Lot Area – Mixed Use Building ….. 5,000 m2 plus 0.4 ha for each dwelling unit Minimum Lot Frontage ……………………………………………………………………. 46 m [150.9 ft.] Minimum Yard Requirements - Main Building • • • •
Front Yard ………………………………………………………………………………… 7 m [22.9 ft.] Rear Yard …………………………………………………………………………………. 7 m [22.9 ft.] Interior Side Yard ……………………………………………………………………….. 3 m [9.8 ft.] Exterior Side Yard ……………………………………………………………………… 7 m [22.9 ft.]
Maximum Building Height • •
Main Building ……………………………………………………………………….. 10 m [32.8 ft.] Accessory Building ……………………………………………………………………. 6 m [19.7 ft.]
Maximum Lot Coverage • •
Main Building ……………………………………………………………………………40% Accessory Use, Buildings and Structures……………………………………………………..5%
Maximum Number of Dwelling Units per Lot • •
Mixed Use Building ……………………………………………………………………………………. 8 All other uses ………………………………………………………………………………………….. 1
Minimum Separation Distance between the Main Wall of a Detached Dwelling Unit and a commercial use …………………. 6 m [19.7 ft.]
5.7.3 Additional Provisions 1.
An accessory dwelling may be located within a building occupied by any commercial use except an automotive use or may be detached. Where the dwelling unit is detached, the minimum lot area shall be as set out in the General Residential (R1) Zone and shall be added to the minimum lot area in the General Commercial (C) Zone.
167 Township of Central Frontenac Zoning By-law
2.
Permitted uses denoted with a * shall be permitted where the lot has frontage on and direct access to Highway 7 or Road 38 or a major arterial road within a settlement area.
Where a General Commercial (C) Zone abuts a residential zone or a residential use or a sensitive land use (e.g., school, hospital) on an adjacent lot, the setback on the abutting yard shall be a minimum of 7 m [22.9 ft.].
The minimum yard requirements may be reduced in the General Commercial (C) Zone where the lands are located in a built-up area and there is an established building line in accordance with Section 4.12 of this By-law. [See also requirements for buffering in Section 4.5]
Despite the Maximum Number of Dwellings Units per Lot allowed in the General Commercial (C) Zone, an additional residential unit shall be permitted in accordance with; Section 4.2.
No person shall erect any building or structure in the General Commercial (C) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street. [See also Section 4.18]
The minimum separation distance between the main walls of a detached dwelling unit and a commercial building shall be 6 m [19.7 ft.].
All applicable zone regulations of Section 4 – General Provisions shall apply.
5.7.4 Exception Zones 1.
C-X1, Part of Lot 14, Concession 3, RP 13R1204, Township of Kennebec Despite any provision of Section 5.7 to the contrary, on land identified as General Commercial Exception 1 (C-X1) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses • Antique store • Auto Repair Garage • Automotive Sales Establishment • Building Supply Store • Contractor’s Yard • Craft Shop • Farm Produce Outlet • Gasoline Bar
• Office • Parking Lot • Personal Service Establishment • Recycling Depot or Transfer Station • Retail Store • Warehouse
168 Township of Central Frontenac Zoning By-law
Additional Provisions Any recycling depot or transfer station shall be subject to the approval of the Ministry of the Environment, Conservation and Parks. 2.
C-X2, Part of Lots 15 & 16, Concession 10, Olden (By-law 1099-91 and 1149-93, Olden)
Despite any provision of Section 5.7 to the contrary, on land identified as General Commercial Exception 2 (C-X2) Zone on any Schedule to this By-law, following zone regulations shall apply: Permitted Uses • Campground • Gasoline Bar • Laundromat • Miniature Golf • Motel • Restaurant 3.
C-X3, Part of Lot 12, Concession 1, Olden
(By-law 1099-91 and 1149-93, Olden)
Despite any provision of Section 5.7 to the contrary, on land identified as General Commercial Exception 3 (C-X3) Zone on any Schedule to this By-law, following zone regulations shall apply: Permitted Uses • Office • Single Detached Dwelling 4.
C-X4, Part of Lot 14, Concession 1, Oso
(By-law 1115-92, Oso)
Despite any provision of Section 5.7 to the contrary, on land identified as General Commercial Exception 4 (C-X4) Zone on any Schedule to this By-law, following zone regulations shall apply: Permitted Uses • • • • • 5.
Office Single Detached Dwelling Accessory Dwelling Unit (see Section 4.2) Printing and Publishing Establishment Vacuum cleaner sales and service outlet
C-X5, Plan 113 Lot 42, PT Lot 52 RP-13R12574 PARTS 8 & 9, Oso
169 Township of Central Frontenac Zoning By-law
(By-law 1202-95-Oso, and By-law 2001-95) Despite any provision of Section 5.7 to the contrary, on land identified as General Commercial Exception 5 (C-X5) Zone on any Schedule to this By-law, following zone regulations shall apply: Maximum Lot Coverage…………………… 30% Minimum depth of a parking space abutting Garrett Street…..4.5 m [14.7 ft.] The minimum number of parking spaces to be provided on Lot 42, Plan 113, shall be six (6), and shall include five (5) and one additional space in the garage. Other parking spaces totalling (5) in number shall be provided on an alternative lot located within 150 m [492.1 ft.] of Lot 42, Plan 113. 6.
C-X6, Part of Lot 12, Concession 1, Oso
(By-law 2000-73)
Despite any provision of Section 5.7 to the contrary, on land identified as General Commercial Exception 6 (C-X6) Zone on any Schedule to this By-law, the following regulations shall apply: Minimum Number of Parking spaces (for an office use)…………..5 Two parking spaces may encroach on the Elizabeth Street road allowance. Minimum Width of Buffer Strip along south lot line 1 m [3.28 ft.]
C-X8, Part of Lot 12, Concession 1, Sharbot Lake, Oso (By-law 2006-202)
Despite any provision of Section 5.7 to the contrary, on land identified as General Commercial Exception 8 (C-X8) Zone on any Schedule to this By-law, following zone regulations shall apply: Permitted Uses • Resource Centre, Non-profit • All uses permitted in the General Commercial Zone Zone Requirements Minimum Lot Area…………………………. 0.47 ha [1.16 ac.] Minimum Lot Frontage…………………….. 135.8 m [445.5 ft.] Minimum Rear Yard…………………………1.82 m [6 ft.] 8.
C-X10, Part of Lot 13, Concession 1, Village of Sharbot Lake (By-law 2005-172) Despite any provision of Section 5.7 to the contrary, on land identified as General 170
Township of Central Frontenac Zoning By-law
Commercial Exception 10 (C-X10) Zone on any Schedule to this By-law, following zone regulations shall apply: Permitted Uses • Office Zone Standards Minimum Lot Area………………………..0.22 ha [0.54 ac] Minimum Lot Frontage……………………40.6 m [133.26 ft] 10.
C-X11, Part of Lot 3, Concession 4, Hinchinbrooke (By-law 2009-295, Central Frontenac)
Despite any other provisions of this Zoning By-law to the contrary, on lands identified as General Commercial Exception 11 (C-X11) Zone, following zone regulations shall apply: Minimum Lot Area……………………………..46 ha [1.13 ac.] Minimum Lot Frontage…………………………38.1 m [125 ft.] 11.
C-X12, Part of Lots 14 and 15, Concession 2, Oso (By-law 2016-20 Zone Regulation Permitted Uses • Self-Storage Facilities Additional Provisions Minimum Lot Frontage
0 m [0 ft.]
C-X13, Part of Lot 16, Concession 9, Kennebec (By-law 2019-41) Despite any other provision of this by-law, to the contrary, the lands zoned General Commercial Exception Zone 13 (C-X13), shall be used only in accordance with the following: (a) The minimum yard requirements for the main building front yard depth shall be 11.5 m. (b) A refreshment vehicle shall be a permitted use. (c) The width of any entrance or exit or combined entrance or exit measured at the front lot line shall not be greater than 10 m. (d) That all other provisions including permitted uses of the General Commercial Zone of By-law No. 2011-52 shall continue to apply.
171 Township of Central Frontenac Zoning By-law
5.8 RECREATIONAL COMMERCIAL – CR ZONE No person shall use any land or erect, alter or use any building or structure in the Recreational Commercial (CR) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.8.1 Permitted Uses • • • • • •
Adventure Game Brewery or Winery Camp Campground Driving Range Drive-Through Facility (see 4.11) • • • • • • • • • • • • • • • •
Dwelling – Seasonal Dwelling – Single Detached Golf Course Live/Work Unit (see Section 4.20.4) Marina Miniature Golf Course Park (see Section 4.31) Parking Lot – Commercial Private Club Public Service Use /Public Utility (see Section 4.42) Recreational Commercial Establishment Recreational Vehicle Park Restaurant Tourist Establishment Tourist Cabin Establishment Tourist Outfitter’s Establishment
Accessory Uses, Buildings and Structures (see Section 4.1) • • • • • • • •
Accessory Dwelling (see Subsection 5.8.3.8) Additional Residential Unit (see Section 4.2) Bed and Breakfast Establishment (see Section 4.4) Garden Suite (see Section 4.2) Home Based Business (see Section 4.20) Loft-above-a-Garage (see Section 4.2) Sleep Cabin (see Section 4.2) Storage Container (see Section 4.1.3)
5.8.2 Zone Requirements 1.
Camps Minimum Lot Area …………………………………………………………………. 5 ha [12.35 ac.] Minimum Yard Requirements •
All Yards ……………………………………………………………………. 15 m [161.42 ft.]
172 Township of Central Frontenac Zoning By-law
2.
All Other Uses Other Than a Camp Minimum Lot Area: Accessory Dwelling Unit plus other permitted uses …………………. 1.6 ha [3.95 ac.] • Non-residential Uses …………………………………………………………. 1 ha [2.47 ac.] Minimum Lot Frontage …………………………………………………………… 46 m [150.9 ft.] Maximum Campsite Density ……………………….. 10 campsites/ha [4.0 campsites/ac.] Minimum Yard Requirements – Main Building and Accessory Dwellings • • • •
Front Yard ……………………………………………………………………… 10 m [32.8 ft.] Rear Yard ………………………………………………………………………… 7 m [22.9 ft.] Interior Side Yard ……………………………………………………………… 7 m [22.9 ft.] Exterior Side Yard …………………………………………………………… 10 m [32.8 ft.]
Maximum Building Height • •
Main Building…………………………………………………………………. 10 m [32.8 ft.] Accessory Building …………………………………………………………… 6 m [19.7 ft.]
Maximum Lot Coverage • •
Main Building………………………………………………………………………………..20% Accessory Use, Buildings and Structures…………………………………………..10%
Maximum Number of Accessory Dwelling per Lot …………………………………………. 1
5.8.3 Additional Provisions 1.
No shoreline structure shall be permitted within a depth of 30 m [98.4 ft.] from the high water mark except a boat house, boat port, float plane hangar, boat slip, dock or wharf or as otherwise provided for in this By-law (see Sections 4.1.1.7 and 4.1.1.8 and 4.26.5).
With the exception of a boat house (wet), boat port, float plane hangar, dock or wharf, all shoreline structures shall be constructed within the confines of the property boundaries of a lot.
The gross floor area of a boat house or boat port, shall not exceed 80 m2 [861.1 ft.2].
The type of docks shall generally be limited to floating, cantilevered or post dock construction. Other types of docks may be permitted where it is demonstrated that 173
Township of Central Frontenac Zoning By-law
they will not have a negative impact on fish habitat. Docks shall be built of nontoxic building materials. Land below the high-water mark shall not be permanently altered through the construction of shoreline structures except to accommodate the placement or use of docks as approved by the authority having jurisdiction. No dock or wharf or boat slips shall be constructed which constitutes a navigation or safety hazard. 5.
No shoreline structure which will destroy fish habitat shall be permitted.
Where a Recreational Commercial (CR) Zone abuts a residential zone or a residential use or a sensitive land use (e.g., school, hospital) on an adjacent lot, the setback on the abutting yard shall be a minimum of 7 m [22.9 ft.] [See also requirements for buffering in Section 4.5]
A recreational vehicle park shall be subject to any licensing or occupancy provisions of the municipality.
An accessory dwelling may be located within a building occupied by any commercial use except an automotive use or may be detached. Where the dwelling unit is detached, the minimum lot area shall be as set out in the General Residential (R1) Zone and shall be added to the minimum lot area in the Recreational Commercial (CR) Zone.
Despite the Maximum Number of Dwellings Units per Lot allowed in the Recreational Commercial (CR) Zone, an additional residential unit shall be permitted in accordance with Section 4.2.
No person shall erect any building or structure in the Recreational Commercial (CR) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street.
The minimum separation distance between the main walls of a detached dwelling unit and a commercial building shall be 6 m [19.7 ft.].
All applicable zone regulations of Section 4 – General Provisions shall apply.
5.8.4 Exception Zones 1.
CR-X1, Part of Lots 13 and 14, Concession 7, Former Township of Kennebec (By-law 2005-188, Central Frontenac)
Despite any provision of Section 5.8 to the contrary, on land identified as Recreational Commercial Exception 1 (CR-X1) Zone on any Schedule to this Bylaw, following zone regulations shall apply:
174 Township of Central Frontenac Zoning By-law
Permitted Uses • • • •
Minimum Lot Frontage (road/water) ………………………………….. 100 m [328 ft.] Minimum Front Yard (from ROW to Trailer 1)………………………. 3.4 m [11 ft.] Minimum Interior Side Yard ………………………………………………….. 1.8 m [6 ft.] Minimum Setback from Water (Trailer 2) ……………………………… 9.1 m [30 ft.]
Additional Provisions That no further development or expansions be permitted on the subject lands.
CR-X2, Part of Lots 31 and 32, Concession 8, Kennebec (By-law 2011-56) Permitted Uses Principal use • Tourist Establishment • Existing Uses Accessory Uses • Existing Accessory Uses, Buildings and Structures Additional Provisions • The existing lot area, lot frontage and setbacks are hereby recognized as complying. No extensions, alterations, reconstruction or repairs shall be permitted which will further reduce any existing setback from the shoreline of Gull Lake.
175 Township of Central Frontenac Zoning By-law
5.9 LOCAL COMMERCIAL – CL ZONE No person shall use any land or erect, alter or use any building or structure in the Local Commercial (CL) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.9.1 Permitted Uses •
Antique Store or Craft Shop
• • • •
Bake Shop Bakery Bank or Financial Institution Bed and Breakfast Establishment Convenience Store Drive-Through Facility (see Section 4.11) Laundromat Live/Work Unit (see Section 4.20.4)
• • • •
• • • • •
Personal Service Establishment* Retail Outlet* Restaurant* Tavern Video Rental Outlet
Accessory Uses (see Section 4.1) •
Accessory Dwelling Unit (see Section 5.9.3.3)
5.9.2 Zone Requirements Minimum Lot Area …………………………………………………………………….. 5,000 m² [1.25 ac.] Minimum Lot Frontage ……………………………………………………………………. 46 m [150.9 ft.] Minimum Yard Requirements - Main Building • • • •
Front Yard ………………………………………………………………………………… 7 m [22.9 ft.] Rear Yard ………………………………………………………………………………. 7.5 m [24.6 ft.] Interior Side Yard ………………………………………………………………………… 3 m [9.8 ft.] Exterior Side Yard ………………………………………………………………. 7 m [22.9 ft.]
Minimum Yard Requirements - Accessory Building • • • •
Front Yard Rear Yard Interior Side Yard Exterior Side Yard
………………………………………………………………. 7 m [22.9 ft.] ………………………………………………………………. 1 m [3.28 ft.] ………………………………………………………………. 1 m [3.28 ft.] ………………………………………………………………. 7 m [22.9 ft.]
Maximum Building Height •
Main Building………………………………………………………………………….. 10 m [32.8 ft.]
176 Township of Central Frontenac Zoning By-law
•
Accessory Building ……………………………………………………………………. 6 m [19.7 ft.]
Maximum Lot Coverage • •
Main Building…………………………………………………………………………………………15% Accessory Use, Buildings and Structures……………………………………………………25%
Maximum Number of Dwelling Units per Lot …………………………………………………………. 1 Minimum Separation Distance between the Main Wall Walls of Adjacent Detached Dwelling Unit Units ………………………………………… 6 m [19.7 ft.]
5.9.3 Additional Provisions 1.
Permitted uses denoted with an * are only permitted in a settlement area as shown on the schedules to this By-law.
Where a commercial zone Local Commercial (CL) Zone abuts a residential zone or a residential use or a sensitive land use (e.g., school, hospital) on an adjacent lot, a buffer strip shall be provided along the abutting lot line(s) in accordance with the requirements of Section 4.5.
An accessory dwelling may be located within a building occupied by any commercial use except an automotive use or may be detached. Where the dwelling unit is detached, the minimum lot area shall be as set out in the General Residential (R1) Zone and shall be added to the minimum lot area in the Local Commercial (CL) Zone.
No person shall erect any building or structure in the Local Commercial (CL) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street or private road. [See Section 4.18]
The minimum yard requirements may be reduced in the Local Commercial (CL) Zone where there is an established building line in accordance with Section 4.12 of this By-law.
All applicable zone regulations of Section 4 – General Provisions shall apply.
5.9.4 Exception Zones 1.
CL-X1, Part of Lot 13, Concession 1, Oso (By-law 2016-26) Permitted Uses • Office
177 Township of Central Frontenac Zoning By-law
•
Personal Services Establishment excluding a barber shop, beauty salon, laundromat or dry cleaning establishment
Zone Regulations • Minimum Lot Area…………..900 m2 [0.23 ac.] • Minimum Lot Frontage………20.8 m [68.2 ft.]
178 Township of Central Frontenac Zoning By-law
5.10 BUSINESS DISTRICT – BD ZONE No person shall use any land or erect, alter or use any building or structure in the Business District (BD) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.10.1
Permitted Uses • • • • • • • • • • • • •
5.10.2
All uses permitted in the General Commercial (C) Zone Auto Rental Establishment Auto Service Station (see Section 4.3) Bank or Financial Institution Brewery or Winery Building Supply Store Car Wash Commercial Greenhouse Drive-Through Facility (see Section 4.11) Equipment Rental Establishment Gasoline Bar (see Section 4.3) Gasoline Card Lock Facility Institutional Use
• • • • • • • • •
Light Industrial Use – Class 1 Industry Refreshment Sales Vehicle Live/Work Unit (see Section 4.20.4) Public Service Use /Public Utility (see Section 4.42) Private Club Recreational Vehicle Sales and Storage and Repair Restaurant Retail Store Self-Storage Facility
Accessory Uses, Buildings and Structures (see Section 4.1) •
Accessory Dwelling (see Subsection 5.10.3.1)
Zone Requirements Minimum Lot Area ………………………………………………………………….. 5,000 m² [1.25 ac.] Minimum Lot Frontage ………………………………………………………………….. 46 m [150.9 ft.] Minimum Yard Requirements - Main Building • • • •
Front Yard ………………………………………………………………………………… 7 m [22.9 ft.] Rear Yard …………………………………………………………………………………. 7 m [22.9 ft.] Interior Side Yard ……………………………………………………………………….. 3 m [9.8 ft.] Exterior Side Yard ……………………………………………………………………… 6 m [19.7 ft.]
Maximum Building Height • •
Main Building ……………………………………………………………………….. 10 m [32.8 ft.] Accessory Building ……………………………………………………………………. 6 m [19.7 ft.]
179 Township of Central Frontenac Zoning By-law
Maximum Lot Coverage • •
Main Building ……………………………………………………………………………25% Accessory Use, Buildings and Structures……………………………………………………..5%
Maximum Number of Dwelling Units per Lot ……………………………………………………….. 1
5.10.3
Additional Provisions
An accessory dwelling may be located within a building occupied by any commercial use, except an auto service station, gasoline bar or gasoline card lock facility or may be detached. Where the dwelling unit is detached, the minimum lot area shall be as set out in the General Residential (R1) Zone and shall be added to the minimum lot area in the Business District (BD) Zone.
The minimum separation distance between the main walls of a detached dwelling unit and a commercial building shall be 6 m [19.7 ft.].
The minimum yard requirements may be reduced in the Business District (BD) Zone where the lands are located in a built-up area and there is an established building line in accordance with Section 4.12 of this By-law.
A buffer strip shall be provided along the abutting lot line(s) in accordance with the requirements of Section 4.5.
Despite the Maximum Number of Dwellings Units per Lot allowed in the Business District (BD) Zone, an additional residential unit shall be permitted in accordance with Section 4.2.
No person shall erect any building or structure in the Business District (BD) Zone unless the lot upon which such building or structure is to be erected has frontage onto to Highway 7 or a public street.
All applicable zone regulations of Section 4 – General Provisions shall apply.
5.10.4
Exception Zones
180 Township of Central Frontenac Zoning By-law
5.11 MIXED RURAL INDUSTRIAL-COMMERCIAL (MXCD) ZONE No person shall use any land or erect, alter or use any building or structure in the Mixed Rural Industrial – Commercial (MXCD) zone except in accordance with the provisions of this section and of any other relevant Sections of this By-law
5.11.1
Permitted Uses 1.
Principal uses • • • •
5.11.2
Processing, production, storage, wholesaling and retailing of specialty meat products Storage of recreational vehicles and recreation equipment Community kitchen Public Service Use/Public Utility (see Section 4.42)
Accessory Uses
• •
Retail outlet Accessory uses to the foregoing permitted uses, buildings and structures
Zone Requirements The provisions of Section 5.10.2 shall apply
5.11.3
Additional Provisions 1.
The separation distance of Section 4.26.3 (a) shall be measured between the face of the main buildings used for industrial and sensitive uses respectively.
A buffer strip shall be provided along the abutting lot line(s) in accordance with the requirements of Section 4.5.
All applicable zone regulations of Section 4 – General Provisions shall apply.
181 Township of Central Frontenac Zoning By-law
5.12 INDUSTRIAL - M1 ZONE No person shall use any land or erect, alter or use any building or structure in the Industrial (M1) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.12.1
Permitted Uses • • • • • • • • • •
5.12.2
Auto Body Shop Auto Repair Garage Auto Service Station (see Section 4.3) Brewery or Winery Cheese Factory Class I Industry (see Section 4.26.3 (a)) Class II Industry (see Section 4.26.3 (b)) Commercial Greenhouse Contractor’s Yard Dairy
• • • • • • • •
Gasoline Bar (see Section 4.3) Gasoline Card Lock Facility Parking Lot – Commercial Public Service Use /Public Utility (see Section 4.42) Self-Storage Facility Warehouse Well Drilling Establishment Workshop or Custom Workshop
Accessory Uses, Buildings and Structures (see Section 4.1)
Zone Requirements Minimum Lot Area ………………………………………………………………………….. 1 ha [2.47 ac.] Minimum Lot Frontage ………………………………………………………………….. 45 m [147.6 ft.] Minimum Yard Requirements - Principal use •
All Yards
……………………………………………………………………………….. 5 m [49.2 ft]
Minimum Yard Requirements - Accessory Use • •
Front and Exterior Side yard ……………………………………………………… 15 m [49.2 ft.] Rear or Interior Side Yard …………………………………………………………… 5 m [16.4 ft.]
Maximum Building Height • •
Main Building ……………………………………………………………………….. 15 m [49.2 ft.] Accessory Building ……………………………………………………………………. 8 m [26.2 ft.]
Maximum Lot Coverage - all uses, buildings and structures ………………………………..30%
182 Township of Central Frontenac Zoning By-law
5.12.3
5.12.4
Additional Provisions 1.
See also requirements of Section 4.26.3 of this By-law for separation distances for industrial uses.
Where an Industrial (M1) Zone abuts a residential zone or a residential use or a sensitive land use (e.g., school, hospital) on an adjacent lot, the setback on the abutting rear or side yard shall be a minimum of 7 m [22.9 ft.]. A buffer strip shall be provided along the abutting lot line(s) in accordance with the requirements of Section 4.5.
No person shall erect any building or structure in the Industrial (M1) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street.
All applicable zone regulations of Section 4 – General Provisions shall apply.
Exception Zones 1.
M1-X1, Part of Lot 15 and 15, Concessions 8 and 9, and part of the road allowance, Kennebec Despite any provision of Section 5.12.2 to the contrary, on land identified as Industrial Exception 1 (M1-X1) Zone on any Schedule to this By-law, the following regulations shall apply: Permitted Uses • •
Fabrication of garden furniture and structures An accessory dwelling (see Section 4.2)
M1-X2, Part of Lot 17, Concession 2, Oso
(By-law 1166-94)
Despite any provision of Section 5.12.2 to the contrary, on land identified as Industrial Exception 1 (M1-X2) Zone on any Schedule to this By-law, the following regulations shall apply: Minimum Lot Area………………………………..0.34 ha [0.84 ac.]
183 Township of Central Frontenac Zoning By-law
5.13 RURAL INDUSTRIAL – M2 ZONE No person shall use any land or erect, alter or use any building or structure in the Rural Industrial (M2) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.13.1
• • • • • • • • • •
5.13.2
Permitted Uses Class I, II and III Industries Brewery or Winery Cheese Factory Commercial Greenhouse Compressed Gas Sales and Service Dairy Fuel Depot Gasoline Card Lock Facility Lumber Yard Portable Asphalt/Concrete Plant (see Section 4.26.3)
• • • • • •
Produce Grading Station or Storage Facility Transportation Depot Public Service Use /Public Utility (see Section 4.42) Salvage Yard Sawmill or Planning Mill Warehouse
Accessory Uses, Buildings and Structures (see Section 4.1
Zone Requirements Minimum Lot Area ………………………………………………………………………….. 2 ha [4.94 ac.] Minimum Lot Frontage …………………………………………………………………… 100 m [328 ft.] Minimum Yard Requirements - Principal Use •
All Yards …………………………………………………………………………….. 15 m [49.2 ft.]
Minimum Yard Requirements - Accessory Use • •
Front and Exterior Side yard ……………………………………………………. 15 m [49.2 ft.] Rear or Interior Side Yard …………………………………………………………. 5 m [16.4 ft.]
Maximum Building Height • •
Main Building………………………………………………………………………… 15 m [49.2 ft.] Accessory Building ………………………………………………………………….. 8 m [26.2 ft.]
Maximum Lot Coverage - all uses, buildings and structures ………………………………..30%
184 Township of Central Frontenac Zoning By-law
5.13.3
5.13.4
Additional Provisions 1.
See also requirements of Section 4.26.3 of this By-law for separation distances for industrial uses.
For a salvage yard, the storage compound for vehicles or other materials shall be completely obscured from any public road or adjacent use by an opaque fence, screen or berm of not less than 1.8 m [6 ft.] in height.
No person shall erect any building or structure in the Rural Industrial (M2) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street. [See Section 4.18]
All applicable zone regulations of Section 4 – General Provisions shall apply.
Exception Zones 1.
M2-X1, Part of Lot 11, Concession 8, Kennebec Despite any provision of Section 5.13.1 to the contrary, on land identified as Rural Industrial Exception 1 (M2-X1) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses • A salvage yard
M2-X2, Part of Lots 19 & 20, Concession 11, Kennebec
(By-law
2008-
Despite any other provisions of Section 5.13.1 to the contrary, on land identified as the Rural Industrial Exception 2 (M2-X1) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses A seasonal portable concrete operation, being a seasonally operated facility with equipment designed to supply raw materials for off-site concrete mixing at construction sites and which includes the stockpiling and storage of bulk materials, a water storage facility and associated accessory buildings and structures. Zone Requirements Required lot frontage………………………….132.9 m [436 ft.] 185 Township of Central Frontenac Zoning By-law
Required lot area………………………………1.14 ha [2.8 ac.] Maximum height of any stockpile………………5 m [16.4 ft.] Minimum separation distance for a Class II Industry on the subject lands: Shall be a minimum of 50 m [164 ft.] measured as the shortest horizontal distance from the north limit of the highway right-of-way extending southerly there from to the subject lands of this amendment. Additional Provisions On-site vehicle maintenance, including but not limited to engine and mechanical repairs, oil changes and other vehicle repairs, shall not be permitted. All other provisions of Section 5.13.2 of this by-law apply.
186 Township of Central Frontenac Zoning By-law
5.14 MINERAL AGGREGATE RESOURCE – MX ZONE No person shall use any land or erect, alter or use any building or structure in the Mineral Aggregate Resource (MX) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.14.1
• • • • • • • •
5.14.2
Permitted Uses Agriculture Use (not including buildings and structures) Camp (see Section 4.7) Conservation Use Forestry Use (not including buildings and structures) Pit (see Section 4.26.2) Portable Asphalt/Concrete Plant (see Section 4.26.3) Public Service Use/Public Utility (see Section 4.42) Quarry (see Section 4.26.2)
• •
Wayside Pit (see Section 4.26.2) Wayside Quarry (see Section 4.26.2)
Accessory Uses, Buildings and Structures (see Section 4.1) Crushing and washing and screening facilities, stock piles, asphalt and concrete plants, aggregate transfer stations, administration facilities, weigh stations, security kiosk etc.
Zone Requirements Minimum Yard Requirements •
All Yards ………………………………………………………………………………. 15 m [49.2 ft.]
Maximum Building Height • •
5.14.3
Main Building………………………………………………………………………… 15 m [49.2 ft.] Accessory Building ………………………………………………………………….. 8 m [26.2 ft.]
Additional Provisions 1.
Despite the yard requirements stated above, a minimum of 30m [98.4 ft.] setback will be required from lot lines adjacent to public roads.
See also requirements of Section 4.26.2 & 3 of this By-law for separation distances for Mineral Aggregate Resource Areas.
187 Township of Central Frontenac Zoning By-law
5.14.4
Any mineral aggregate operation, pit or quarry shall comply with any Bylaw passed under the Municipal Act governing a mineral aggregate operation, pit or quarry.
No person shall pile aggregate, top soil, overburden or locate any processing plant or place or build or extend any building or structure: (a)
Within 30 m [98.4 ft.] from the lot line of the site.
(b)
Within 90 m 295.2 ft.] from any lot line that abuts an existing residential dwelling or land zoned for residential use.
Earth berms intended to screen adjoining lands from the operations on site shall be located no closer than 3 m [9.84 ft.] from any lot line.
No mineral aggregate operation shall operate except in compliance with a valid license issued under the Aggregate Resources Act, as amended.
No portable asphalt plant, wayside pit or wayside quarry shall operate without a valid Environmental Compliance Approval.
Where lands zoned as Mineral Aggregate Resource (MX) are occupied by a dwelling, this By-law shall not be deemed to prevent the erection or extension of an accessory building or the extension or expansion of an existing dwelling.
No person shall erect any building or structure in the Mineral Aggregate Resource (MX) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public road. [See Section 4.18]
All applicable zone regulations of Section 4 – General Provisions shall apply.
Exception Zones 1.
MX (h) Provisions – By-law #2013-34 That a publicly owned and year-round maintained road is built to the Township road construction standard to provide access and frontage to the subject lands.
188 Township of Central Frontenac Zoning By-law
5.15
WASTE MANAGEMENT FACILITY – WMF ZONE No person shall use any land or erect, alter or use any building or structure in the Waste Management Facility (WMF) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.15.1
Permitted Uses • • • •
5.15.2
Agricultural Use (not including buildings and structures) Commercial Compost Facility Forestry (not including buildings and structures) Public Service Use/Public Utility (see Section 4.42)
• •
Waste Management Facility (see Section 4.26.1) Recycling Depot or Transfer Station
Accessory Uses, Buildings and Structures (see Section 4.1)
Zone Requirements Minimum Yard Requirements •
5.15.3
All Yards ………………………………………………………………………………. 30 m [98.4 ft.]
Additional Provisions
See also requirements of Section 4.26 of this By-law for separation distances for a Waste Management Facility.
No waste management facility shall be permitted or operated except in compliance with a valid Environmental Compliance Approval issued under the Environmental Protection Act.
All applicable zone regulations of Section 4 – General Provisions shall apply.
Waste Management Facilities designated with a “C” on the Zone Schedules indicate facilities that are closed. Redevelopment of these sites shall be subject to a rezoning and proof that there are no adverse effects to redevelopment.
5.15.4
Exception Zones
189 Township of Central Frontenac Zoning By-law
5.16 RURAL – R ZONE No person shall use any land or erect, alter or use any building or structure in the –rural (R) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.16.1
Permitted Uses • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Agricultural Use Agriculturally Related Commercial/Industrial Uses Airfield, Private Ambulance Base Animal Shelter Brewery or Winery Camp (see section 4.7) Campground Cemetery (see Section 4.30) Commercial Greenhouse Communications Facility Community Centre Conservation Use Construction Yard or Contractors Yard Custom Workshop Day Care for Children (see Section 4.10 Day Nursery Dwelling - Duplex Dwelling – Mobile Home Dwelling - Modular Dwelling – Park Model Trailer Dwelling – Seasonal Dwelling – Semi-detached Dwelling – Single Detached Dwelling – Tiny House Equestrian Establishment Farm Produce Outlet Forestry Use Geothermal Power Facility Group Home (see Section 4.119
• • • • • • • • • • • • • • • • • • • • • • • •
Helipad Hobby Farm Institutional Use Kennel Live/Work Unit (see Section 4.20.4) Log Hauling Operation Logging Camp Maple Syrup Processing Establishment Marine Facility Nature Trail Park, Playground, Outdoor Recreation Use Parking Area Place of Assembly Place of Worship Portable Asphalt/Concrete Plant (see Section 4.26.3) Private Club Public Service Use/Public Utility (see Section 4.42) Renewable Energy System School Shooting Range or Rifle Club Studio Tourist Outfitters Establishment Wayside Quarry (see Section 4.26) Wayside Pit (see Section 4.26)
Accessory Uses, Buildings Structures (see Section 4.1)
and
190 Township of Central Frontenac Zoning By-law
• • • • • • • • • •
5.16.2
• Accessory Dwelling (see Subsection 5.16.3[e]) Additional Residential Unit (see Section 4.2) Camp (see Section 4.6) Bed and Breakfast Establishment (see Section 4.4) Boat House Dock (see Section 4.1.1.12-14) Farm Vacation Establishment Garden Suite (see Section 4.2) Home Based Business (see Section 4.20) On-farm Diversified Uses
• • • • • • •
Recreational Vehicle (see Section 4.1.2) Sleep Cabin (see Section 4.2) Solar Collector (noncommercial) Storage Container (see 4.1.3) Swimming Pool (see Section 4.1.4) Temporary Car Shelter (see 4.1.3) Wind Turbine (noncommercial) Yurt
Zone Requirements 1.
Kennel (see Section 4.22) Minimum Lot Area…………………………………4 ha [9.9 ac.] Minimum Lot Frontage……………………………….92 m [301.8 ft.] Minimum Yard Requirements All Yards……………………………………………30 m [98.4 ft.] Maximum Building Height………………………….10 m [32.8 ft.] Maximum Building Height - Accessory Building….6 m [19.7 ft.]
Residential Uses Minimum Lot Area …………………………………0.8 ha [2 ac.] Minimum Lot Frontage……………………………..46 m [150.9 ft.] Minimum Yard Requirements Front Yard……………………………………………7 m [22.9 ft.] Rear Yard…………………………………………….7 m [22.9 ft.] Interior Side Yard…………………………………….3 m [9.8 ft.] Exterior Side Yard……………………………………7 m [22.9 ft.] Maximum Building Height Main Building………………………………………10 m [32.8 ft.] 191
Township of Central Frontenac Zoning By-law
Accessory Building…………………………………6 m [19.7 ft.] Maximum Lot Coverage Main Building………………………………………….15% Accessory Uses, Buildings and Structures……………..5% Maximum Number of Dwelling Units per Lot Dwelling - Single detached, mobile home, seasonal, group home (excluding additional residential units) 1 3.
Agricultural Uses Minimum Lot Area…………………………………..4 ha [9.88 ac.] Minimum Lot Frontage………………………………61 m [200.13 ft.] Minimum Yard Requirements Front Yard…………………………………………….15 m [49.2 ft.] All Other Yards……………………………………….10 m [32.8 ft.] Maximum Lot Coverage - all buildings and structures 10% Maximum Building Height - Main Building…………10 m [32.8 ft.] Maximum Building Height - Accessory Building…….8 m [26.25 ft.]
Camp (see Section 4.7) Minimum Lot Area……………………………………..5 ha [12.35 ac.] Minimum Yard Requirements All Yards………………………………………………..15 m [161.42 ft.]
All Other Uses Including a Hobby Farm Minimum Lot Area………………………………………8,000 m² [2 ac.] Minimum Lot Frontage…………………………………..46 m [150.9 ft.] Minimum Yard Requirements Front Yard………………………………………………….15 m [49.2 ft. All Other Yards…………………………………………….10 m [32.8 ft.] Maximum Lot Coverage - all uses, buildings and structures 20% Maximum Building Height - Main Building……………….. 10 m [32.8 ft.] Maximum Building Height - Accessory Building…………..6 m [19.7 ft.] 192
Township of Central Frontenac Zoning By-law
5.16.3
Additional Provisions 1.
Despite anything in Section 5.16.2 to the contrary, on land within 300 m [984.2 ft.] of the high-water mark of Silver Lake, Crow Lake, Eagle Lake and the west basin of Sharbot Lake, the maximum permitted number of dwelling units per lot shall be one (1).
Despite anything in Section 5.16.2 to the contrary, wayside pits and wayside quarries shall be subject only to a minimum yard requirement of 15 m [49.2 ft.].
No person shall erect any building or structure in the Rural (R) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public street. [See Section 4.18]
Recreational Vehicle – see Section 4.1.2
An accessory dwelling may be located within a building occupied by any commercial use except an automotive use or may be detached. Where the dwelling unit is detached, the minimum lot area shall be as set out in the General Residential (R1) Zone and shall be added to the minimum lot area in the Rural (R) Zone.
Despite the Maximum Number of Dwellings Units per Lot allowed in the Rural (R) Zone, an additional residential dwelling shall be permitted in accordance with Section 4.2.
Accessory uses, buildings and structures, parking, special separation distances and other general provisions shall be in accordance with Section 4 of this By-law.
Domestic Poultry and Livestock (a) A lot, vacant lands or lands occupied by a dwelling unit may be used for the keeping of domestic livestock kept or used for non-commercial food production including domestic poultry (i.e., chickens, ducks, geese, pigeons, quail, pheasants, turkeys), and domestic livestock (i.e., rabbits) based on the following nutrient unit to lot area ratio: up to 0.1 nutrient unit provided the minimum lot area shall be 0.2 ha [0.5 ac.] up to 0.2 nutrient unit provided the minimum lot area shall be 0.4 ha [1 ac.] up to 0.4 nutrient unit provided the minimum lot area shall be 0.8 ha [2 ac.]
193 Township of Central Frontenac Zoning By-law
up to 0.6 nutrient unit provided the minimum lot area shall be 1.21 ha [3 ac.] up to 0.8 nutrient unit provided the minimum lot area shall be 1.61 ha [4 ac.] up to 1.0 nutrient unit provided the minimum lot area shall be 2.02 ha [5 ac.] between 1.0 and 5.0 nutrient units provided the minimum lot area shall be 4.04 ha [10 ac.] greater than five (5) nutrient units provided the minimum lot area exceeds 4.04 [10 ac.] and provided any associated livestock facility and manure storage facility complies with the Minimum Distance Formula.
5.16.4
(b)
Domestic livestock shall not be deemed to include swine, goats, cattle, horses and donkeys or similar large animals.
(c)
Domestic livestock and poultry may run free range provided the lot is fenced and provided all livestock are internally sheltered overnight and that caged structures comply with the required zone regulations for setbacks.
The minimum lot frontage for a Shoreline Lot on a Narrow Channel shall be: • Channel Width of 90 m [295.2 ft.] or less - 120 m [393.7 ft.] • Channel Width of 90.1 m [295.6 ft.] to 150 m [492.1 ft.] - 90 m [295.2 ft.]
The provisions of Section 4.4.5 through 4.4.8 shall apply to a farm vacation establishment.
A farm may include a single detached dwelling, and such principal or main buildings and structures as a barn or silo, manure storage as well as accessory buildings and structures which are incidental to the operation of the farm and to any on-farm diversified uses.
All applicable zone regulations of Section 4 – General Provisions shall apply.
Exception Zones 1.
R-X1, Part of Lot 14, Concession 9, Township of Kennebec Despite any provision of Section 5.16 to the contrary, on land identified as Rural Exception 1 (R-X1) Zone on any Schedule to this By-law, the following zone regulations shall apply:
194 Township of Central Frontenac Zoning By-law
On part of Lot 14, Concession 9, Township of Kennebec, (assessment roll number 1039 030 010 39605 000), an existing lot size of 0.24 ha [0.61 ac.] shall be deemed to conform to the minimum lot area requirements of this Bylaw. 2.
R-X2, Part of Lots 15 & 16, Concession 2, Oso
(By-law 1166-94, Oso)
Despite any provision of Section 5.16 to the contrary, on land identified as Rural Exception 2 (R-X2) Zone on any Schedule to this By-law, the following zone regulations shall apply: Minimum Lot Frontage…………………………….31 m [101.7 ft.] 3.
R-X3, Part of Lot 19, Concession 1, Oso
(By-law 1257-97, Oso)
Despite any provision of Section 5.16 to the contrary, on land identified as Rural Exception 3 (R-X3) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses •
Restaurant
Maximum Floor Area of Restaurant………………..50 m2 [538.2 ft.2] 4.
R-X4, Part of Lot 26, Concession 3, Oso
(By-law 1998-22, Oso)
Despite any provision of Section 5.16 to the contrary, on land identified as Rural Exception 4 (R-X4) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses • 5.
Retail Store
R-X5, Part of Lot 25, Concession 1, Hinchinbrooke(By-law 1999-37) Despite any provision of Section 5.16 to the contrary, on land identified as Rural Exception 5 (R-X5) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses • • •
Agricultural Use Conservation Use Equestrian Establishment
195 Township of Central Frontenac Zoning By-law
• • • •
Forestry use Greenhouse Kennel (see Section 4.22) Wayside pit or wayside quarry (see Section 4.26)
Minimum Lot Frontage………………………………12 m [39.3 ft.] 6.
R-X6, Part of Lots 5 and 6, Concession 1, Hinchinbrooke (By-law
2005-
Despite any provision of Section 5.16 to the contrary, on land identified as Rural Exception 6 (R-X6) Zone on any Schedule to this By-law, the following zone regulations shall apply: Zone Regulations Minimum Lot Frontage…………………………………45.7 m [150 ft.] Additional Provisions That on lands zoned R-X6, development of a single detached dwelling shall be permitted on a private road. 7.
R-X7, Part of Lot 1, Concession 6, Hinchinbrooke (By-law 2005-187) Despite any provision of Section 5.16 to the contrary, on land identified as Rural Exception 7 (R-X7) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses • • • •
Self-Storage Facility Automobile Sales Establishment Single Detached Dwelling Accessory Building (Shed or Storage Building)
R-X8, Part of Lot 13, Concession 2, Hinchinbrooke (By-law 2008-272 and 2005-190)
Notwithstanding any other provisions of Section 5.16 this By-law within the Rural Exception 8 (R-X8) Zone: A retirement home shall be a permitted use That within the existing frame barn, the housing of livestock shall not be permitted. 9.
R-X9, Part of Lot 20, Concession 10 being Plan 13R18961, Olden (By-law 2008-271)
196 Township of Central Frontenac Zoning By-law
Permitted Uses • • • • •
Bed and Breakfast Establishment (see Section 4.4) Dock, Floating or Permanent Dwelling, Single Detached Home Based Business (see Section 4.120) Parking Area (see Sections 4.32 and 4.33 except as exempted below)
Zone Requirements (a)
In addition to the requirements of Section 5.16.2.5 and despite the requirements of Section 5.17.3.7 of this Zoning By-law, the minimum setback from the high-water mark of Warrens Lake for a parking area shall be 40 m [131 ft.].
(b)
That the maximum size of the parking area shall be 224 m2 [2,411.2 ft.2] and the dimensions shall be 14 m [45.9 ft.] by 16 m [52.5 ft.].
(c)
That despite the requirements of Section 4.27 of the Zoning Bylaw, an access corridor (pathway) extending from the Parking area (Part 9 on Plan 13R-18961) to Warren’s Lake shall not exceed a maximum width of 3 m [9.84 ft.].
(d)
That the access to the parking area shall be via a registered rightof-way extending from the Bell Line Road to the parking area and shall be deemed to satisfy the provisions of Section 4.32.7(b and c) of this Zoning By-law provided that the maximum width of the access driveway does not exceed 4 m [13.1 ft.].
(e)
That the provisions of Sections 4.32.3 and 4.32.7 (a and d) of this Zoning By-law shall not apply.
(f)
That the provisions of Sections 5.6.3.8 and 5.6.3.10 shall apply to the R-X9 Zone.
(g)
That no storage or parking of recreational vehicles as defined in the Zoning By-law shall be allowed in the parking area (Part 9 on Plan 13R-18961) overnight.
(h)
That the number of parking spaces provided for in the parking area shall not exceed four (4) in number and shall be for the limited benefit of the lands identified as Part of Lot 20, Concession 10 designated as Part 1, on Plan 13R-18961; Part of Lot 20,
197 Township of Central Frontenac Zoning By-law
Concession 10 designated as Part 2, on Plan 13R-18961; Part of Lot 20, Concession 10 designated as Part 3, on Plan 13R-18961; and Part 1 on Plan 13R-8251; and Part 4, 5 and 6 on Plan 13R-18961.
(i)
Despite anything else to the contrary in this By-law, no dock or any portion thereof may be permanently affixed to the shore or bed of Warren’s Lake. and
(j)
That all other provisions of this Zoning By-law shall continue to apply and shall not be deemed to exclude the construction of a single detached dwelling on lands rezoned R-X9 provided all applicable provisions of Section 5.16 are met.
R-X10, Part of Lot 27, Concession 1, Olden (By-law 2010-338)
(a)
Despite any other provisions of Section 5.16 this By-law to the contrary, on lands identified as Rural Special Exception 10 (R-X10) Zone, the following zone regulations shall apply:
Additional Provisions
(b)
No development including the installation of an on-site water well or any part of a sewage disposal system shall be permitted on the typical Hungry Lake Barren landscape found on the crown of the open rock in the northeast quadrant of the lot;
(c)
No development shall be permitted until a site plan agreement has been entered into and registered against the title to the lands.
R-X11, Part of Lot 30, Concession 1, Hinchinbrooke (By-law 365-2010)
Despite any other provisions of Section 5.16 of this By-law to the contrary, on lands identified as Rural Special Exception 11 (R-X11) Zone, the following regulations shall apply: Additional Provisions (a)
There shall be no on-site storage of contaminants or fossil fuels or any dispensing or sales of fuels.
(b)
There shall be no development including the construction or erection of any building or the installation of an on-site water well or any part of a sewage disposal system.
198 Township of Central Frontenac Zoning By-law
12.
(c)
The existing parking area shall not be expanded and the existing setback of the parking area of 26 m [85.3 ft.] from the shoreline of Eagle Lake shall not be reduced.
(d)
The setbacks of 6 m [19.6 ft.] along the west limit of the parking area and 10.5 m [34.4 ft.] from the east limit respectively from the wetland abutting the (Eagle Lake) Creek shall not be reduced.
(e)
There shall be no additional filling near the wetland or near-shore area.
R-X12, Part of Lot 27, Concession 6, RP 13R10726, Part 1, Kennebec Despite any other provisions of Section 5.16 of this By-law to the contrary, on lands identified as Rural Special Exception 12 (R-X12) Zone, the following regulations shall apply: Permitted Uses • A Hobby Farm • A Single-Detached Dwelling Additional Provisions Minimum Lot Area (Agricultural Uses) ………………………. 2.49 ha [6.17 ac.]
R-X13, Part of Lot 3, Concession 4, Hinchinbrooke (By-law 2020-49) Zone Regulations • Minimum Lot Area………………………………………0.46 ha [1.13 ac.] • Minimum Lot Frontage………………………………….38.1 m [125 ft.]
R-X14, Part of Lots 1 & 2, Concession 8, Oso (By-law 2020-56) Zone Regulations • Minimum Setback from high water mark of Bob’s Lake…..50 m [164 ft.] • Minimum Setback from top of bank of a slope greater than 30%: 15 m [49.2 ft.] • A shoreline structure shall be permitted in accordance with Section 4.1, Accessory Buildings, Structures and Uses and applicable provisions within the above waterbody setback. • A geotechnical study shall be required to reduce the setback from top of bank.
R (h) Provisions – By-law #2013-34
199 Township of Central Frontenac Zoning By-law
That a publicly owned and year-round maintained road is built to the Township road construction standard to provide access and frontage to the subject lands.
200 Township of Central Frontenac Zoning By-law
5.17 LIMITED SERVICE RURAL – LSR ZONE (This explanatory note does not form part of the By-law. The limited service zone identifies land which does not have access to frontage on an opened and maintained public highway and means that municipal services which may normally be provided on an opened public highway will not be guaranteed including, but not limited to, snow ploughing, road upgrading, school bussing, garbage pick-up, access by emergency vehicles, sanitary sewers or piped water supply.) No person shall use any land or erect, alter or use any building or structure in the Limited Service Rural (LSR) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.17.1
Permitted Uses • • • • • • • • • • • • • • • • • • • • • •
Agricultural Use Camp (see Section 4.7) Campground - Private Cemetery (see Section 4.31) Commercial Greenhouse Dwelling – Mobile Home Dwelling – Modular Home Dwelling – Park Model Trailer Dwelling – Seasonal Dwelling – Single Detached Dwelling – Tiny House Equestrian Establishment Farm Produce Outlet Forestry Uses Kennel (see Section 4.22) Live/Work Unit (see Section 4.20.4) Maple Syrup Processing Establishment Public Service Use/Public Utility (see Section 4.42) Studio Tourist Outfitters Establishment Wayside Pit (see Section 4.26.2 Wayside Quarry (see Section 4.26.2)
Accessory Uses, Buildings and Structures (see Section 4.1) • • • • • • • • • • • • • •
Accessory Dwelling (see Subsection 5.17.3[e]) Additional Residential Unit (see Section 4.2) Boat House Camp (see Section 4.7) Dock (see Section 4.1.1.1214) Garden Suite (see Section 4.2) Home Based Business (see Section 4.20) On-farm Diversified Uses Recreational Vehicle (see Section 4.1.2) Storage Container (see Section 4.1.3) Sleep Cabin (see Section 4.2) Swimming Pool (see Section 4.1.4) Temporary Car Shelter (see 4.1.1.3 e & 4.1.1.16) Yurt
201 Township of Central Frontenac Zoning By-law
5.17.2
Zone Requirements 1.
Kennel…. Minimum Lot Area……………………………………………..4 ha [9.9 ac.] Minimum Lot Frontage………………………………………92 m [301.8 ft.] Minimum Yard Requirements All Yards………………………………………………………30 m [98.4 ft.] Maximum Building Height…………………………………….10 m [32.8 ft.] Maximum Building Height - Accessory Building………………6 m [19.7 ft.]
Residential Uses Minimum Lot Area……………………………………………….0.8 ha [2 ac.] plus 0.4 ha [1 ac.] for each additional dwelling unit Minimum Lot Frontage…………………………………………46 m [150.9 ft.] Minimum Yard Requirements Front Yard……………………………………………………….7 m [22.9 ft.] Rear Yard………………………………………………………..7 m [22.9 ft.] Interior Side Yard………………………………………………..3 m [9.8 ft.] Exterior Side Yard……………………………………………….7 m [22.9 ft.] Minimum Yard Requirements - Accessory Building Front Yard………………………………………………………..7 m [22.9 ft.] Rear Yard…………………………………………………………1 m [3.28 ft.] Interior Side Yard…………………………………………………1 m [3.28 ft.] Exterior Side Yard………………………………………………..7 m [22.9 ft.] Maximum Building Height Main Building……………………………………………………..10 m [32.8 ft.] Accessory Building………………………………………………..6 m [19.7 ft.] Maximum Lot Coverage Main Building……………………………………………………….15% Accessory Uses, Buildings and Structures………………………….5%
202 Township of Central Frontenac Zoning By-law
Maximum Number of Dwelling Units per Lot (excluding additional residential units)…………………………………………………………1 3.
Agricultural Uses Minimum Lot Area………………………………………….4 ha [9.88 ac.] Minimum Lot Frontage…………………………………….. 61 m [200.13 ft.] Minimum Yard Requirements Front Yard……………………………………………………15 m [49.2 ft.] All Other Yards………………………………………………10 m [32.8 ft.] Maximum Lot Coverage - all buildings and structures………10% Maximum Building Height - Main Building…………………10 m [32.8 ft.] Maximum Building Height - Accessory Building……………8 m [26.25 ft.]
Camp (see Section 4.7) Minimum Lot Area……………………………………………5 ha [12.35 ac.] Minimum Yard Requirements All Yards……………………………………………………….15 m [161.42 ft.]
All Other Uses Minimum Lot Area……………………………………………..8,000 m² [2 ac.] Minimum Lot Frontage…………………………………………46 m [150.9 ft.] Minimum Yard Requirements Front Yard……………………………………………………….15 m [49.2 ft.] All Other Yards………………………………………………….10 m [32.8 ft.] Maximum Lot Coverage - all buildings and structures…………25% Maximum Building Height - Main Building…………………….10 m [32.8 ft.] Maximum Building Height - Accessory Building……………….6 m [19.7 ft.]
5.17.3
Additional Provisions 1.
Despite anything in Section 5.17.2 to the contrary, on land within 300 m [984.2 ft.] of the high-water mark of Silver Lake, Crow Lake, Eagle Lake and the west basin of Sharbot Lake, the maximum permitted number of dwelling units per lot shall be one (1).
203 Township of Central Frontenac Zoning By-law
2.
Despite anything in Section 5.17.2 to the contrary, Wayside Pits and Wayside Quarries shall be subject only to a minimum yard requirement of 15 m [49.2 ft.].
All islands are zoned Limited Service Rural (LSR) unless otherwise noted. Islands shall be a minimum of 0.8 hectares [2 acres] to be developed for residential purposes and subject to Section 4.42 of this by-law. Islands having a minimum land area of less than 0.8 hectares in size shall be only permitted to be used for a picnic shelter and a dock.
Recreational Vehicle – see Section 4.1.2
An accessory dwelling may be located within a building occupied by any commercial use except an automotive use or may be detached. Where the dwelling unit is detached, the minimum lot area shall be as set out in the General Residential (R1) Zone and shall be added to the minimum lot area in the Limited Service Rural (LSR) Zone.
Despite the Maximum Number of Dwellings Units per Lot allowed in the Limited Service Rural (LSR) Zone, an additional residential dwelling shall be permitted in accordance with Section 4.2.
No person shall erect any building or structure in the Limited Service Rural (LSR) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a private road. [See Section 4.18]
Domestic Poultry and Livestock (a)
A lot, vacant lands or lands occupied by a dwelling unit may be used for the keeping of domestic livestock kept or used for non-commercial food production including domestic poultry (i.e., chickens, ducks, geese, pigeons, quail, pheasants, turkeys), and domestic livestock (i.e., rabbits) based on the following nutrient unit to lot area ratio: up to 0.1 nutrient unit provided the minimum lot area shall be 0.2 ha [0.5 ac.] up to 0.2 nutrient unit provided the minimum lot area shall be 0.4 ha [1 ac.] up to 0.4 nutrient unit provided the minimum lot area shall be 0.8 ha [2 ac.] up to 0.6 nutrient unit provided the minimum lot area shall be 1.21 ha [3 ac.] up to 0.8 nutrient unit provided the minimum lot area shall be 1.61 ha [4 ac.] 204
Township of Central Frontenac Zoning By-law
up to 1.0 nutrient unit provided the minimum lot area shall be 2.02 ha [5 ac.] between 1.0 and 5.0 nutrient units provided the minimum lot area shall be 4.04 ha [10 ac.] greater than five (5) nutrient units provided the minimum lot area exceeds 4.04 [10 ac.] and provided any associated livestock facility and manure storage facility complies with the Minimum Distance Formula.
5.17.4
(b)
Domestic livestock shall not be deemed to include swine, goats, cattle, horses and donkeys or similar large animals.
(c)
Domestic livestock and poultry may run free range provided the lot is fenced and provided all livestock are internally sheltered overnight and that caged structures comply with the required zone regulations for setbacks.
The Minimum Lot Frontage for a Shoreline Lot on a Narrow Channel shall be: • Channel Width of 90 m [295.2 ft.] or less - 120 m [393.7 ft.] • Channel Width of 90.1 m [295.6 ft.] to 150 m [492.1 ft.] - 90 m [295.2 ft.]
All applicable zone regulations of Section 4 – General Provisions shall apply.
Exception Zones 1.
LSR-X1 - White Lake - Deleted
LSR-X2, Part of Lot 30, Concession 3, Hinchinbrooke (By-law 10-97, Hinchinbrooke)
Despite any provision of Section 5.17 to the contrary, on land identified as Limited Service Rural Exception 2 (LSR-X2) Zone on any Schedule to this By-law, the following zone regulations shall apply: Minimum setback from the high-water mark of Eagle Lake 50 m [164 ft.] All shoreline vegetation shall be kept in its natural state except for a modest shoreline access. 3.
LSR-X3, Part of Lot 8, Concession 7, Oso
(By-law 1998-34)
205 Township of Central Frontenac Zoning By-law
Despite any provision of Section 5.17 to the contrary, on land identified as Limited Service Rural Exception 3 (LSR-X2) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses •
Seasonal Dwelling
Minimum Lot Area……………………………………………………….. 8 ha [19.76 ac.] 4.
LSR-X4, Part of Lot 8, Concession 7, Oso
(By-law 1998-34)
Despite any provision of Section 5.17 to the contrary, on land identified as Limited Service Rural Exception 4 (LSR-X4) Zone on any Schedule to this By-law, the following zone regulations shall apply: Minimum Lot Area………………………………………………..5 ha [12.35 ac.] 5.
LSR-X5, Part of Lot 8, Concession 7, Oso
(By-law 1998-34)
Despite any provision of Section 5.17.1 to the contrary, on land identified as Limited Service Rural Exception 6 (LSR-X6) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses • 6.
Seasonal Dwelling
LSR-X6, Part of Lot 8, Concession 7, Oso
(By-law 1998-34)
Despite any provision of Section 5.17 to the contrary, on land identified as Limited Service Rural Exception 5 (LSR-X5) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses • •
Parking Area Boat Launch/docking/storage area
Minimum setback from high water mark for any building or structure other than a marine facility……………………………30 m [98.4 ft.] Maximum floor area of accessory building………………………50 m2 [538.2 ft.2]
206 Township of Central Frontenac Zoning By-law
7.
LSR-X7, Part of Lot 16, Concession 1, Oso (By-law 2000-64) Despite any provision of Section 5.17 to the contrary, on land identified as Limited Service Rural Exception 7 (LSR-X7) Zone on any Schedule to this By-law, the following zone regulations shall apply: Minimum Lot Frontage ………………………………………………….. 100 m [328 ft.]
LSR-X8, Part of Lot 5, Concession 10, Olden (By-law 2006-201)
Despite any provision of Section 5.17 to the contrary, on land identified as Limited Service Rural Exception 8 (LSR-X8) Zone on any Schedule to this By-law, the following zone regulations shall apply: Permitted Uses • Seasonal Dwelling • Accessory uses, buildings and structures related to the foregoing (see Section 4.1 and Section 4.2) Zone Requirements Minimum Front Yard with shoreline frontage …………………. 40 m [131.2 ft.] Additional Provisions Minimum setback from shoreline for all sewage disposal bed: 60 m [196.9 ft.]; No vegetation shall be removed between the dwelling and the shoreline except to accommodate a narrow pathway for pedestrian access to Atwell Lake
207 Township of Central Frontenac Zoning By-law
5.18 ENVIRONMENTAL PROTECTION - EP No person shall use any land or erect, alter or use any building or structure in the Environmental Protection (EP) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.18.1
Permitted Uses • • • •
Conservation Use Forestry Use Natural Heritage Features and Areas (see Sections 4.26 and 4.27) Public Service Use/Public Utility (see Section 4.42)
5.18.2
Zone Requirements
5.18.3
Additional Provisions
5.18.4
No development or site alteration shall be permitted in an Environmental Protection (EP) Zone except where required for flood control under Section 4.17 of this By-law.
All land under water is within the Environmental Protection (EP) Zone and uses of such land shall be limited to only those specifically approved by the Ministry of Natural Resources and/or the appropriate Conservation Authority.
See also requirements of Section 4.26 of this By-Law for separation distances for various land uses.
All applicable zone regulations of Section 4 – General Provisions shall apply.
Exception Zones 1.
Environmental Protection Constraint Overlay (EP-1) Zone No person shall use any land or erect, alter or use any building or structure in the Environmental Protection Constraint Overlay (EP-1) zone except in accordance with the provision of this Section and any other relevant Sections of this By-law. Permitted uses
208 Township of Central Frontenac Zoning By-law
Development shall be permitted for uses in the underlying zone unless the lands are rezoned to a zone appropriate for the proposed use, subject to verification that acceptable engineering techniques can be utilized for construction on organic soils. Existing uses shall be permitted and extensions thereto subject to the requirements of the Building Code. 2.
Environmental Protection (EP-PSW) Zone – Provincially Significant Wetland No person shall use any land or erect, alter or use any building or structure in the Environmental Protection (EP-PSW) zone except in accordance with the provision of this Section and any other relevant Sections of this By-law. Permitted Uses • Provincially Significant Wetland Additional Provisions • No development shall be permitted in a provincially significant wetland.
Environmental Protection (EP-LSW) Zone – Locally Significant Wetland No person shall use any land or erect, alter or use any building or structure in the Environmental Protection (EP-LSW) zone except in accordance with the provision of this Section and any other relevant Sections of this By-law. Permitted Uses • Locally Significant Wetland Additional Provisions • No development shall be permitted in a locally significant wetland.
Environmental Protection (EP-C) Zone – Parks, Conservation Areas and Crown Land No person shall use any land or erect, alter or use any building or structure in the Environmental Protection (EP-C) zone except in accordance with the provision of this Section and any other relevant Sections of this By-law. Permitted Uses • Crown land • Conservation Area • Provincial Park • Conservancy Area (i.e., lands owned or in trust by a conservation interest such as Duck’s Unlimited)
209 Township of Central Frontenac Zoning By-law
5.
Environmental Protection Constraint Overlay (EP-ANSI) Zone (Area of Natural and Scientific Interest) No person shall use any land or erect, alter or use any building or structure in the Environmental Protection Constraint Overlay (EP-ANSI) zone except in accordance with the provision of this Section and any other relevant Sections of this By-law. Permitted Uses Development shall be permitted for uses in the underlying zone subject to verification that there will be no negative impacts on the natural features of the Area of Natural and Scientific Interest (ANSI).
210 Township of Central Frontenac Zoning By-law
5.19 MINING – MR ZONE No person shall use any land or erect, alter or use any building or structure in the Mining (MR) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law.
5.19.1
• • • • • • • • •
Permitted Uses Mining, Exploration Mineral Mining Operation (see Section 4.24.3) On-site Smelting and processing Pits (see Section 4.26.2) Public Service Use/Public Utility (see Section 4.42) Quarry (see Section 4.26.2) Forestry Use Outdoor recreation Conservation use Wayside Pit/Wayside Quarry
Accessory Uses, Buildings and Structures (see Section 4.1) Accessory uses essential to mineral extraction operations (e.g., administration offices, weigh scales, assay office, power plant, lunch room, security facilities) Accessory dwelling unit required for security or administration of mineral mining operations.
5.19.2
Zone Requirements
Minimum Lot Area…………………………………………………4 ha [9.88 ac.] Minimum Lot Frontage……………………………………………no minimum Minimum Yard Requirements All Yards……………………………………………………………50 m [164 ft.] Pit or Quarry……………………………………in accordance with Section 5.13 Minimum Separation Distance ………………….in accordance with Section 4.26 for Class III Industries Maximum Number of Accessory Dwelling Units………………………..1
5.19.3
Additional Provisions 1.
All mineral mining operations shall be developed, operated or closed in compliance with the Mining Act and the Environmental Protection Act.
211 Township of Central Frontenac Zoning By-law
2.
No person shall operate a pit or quarry or a wayside pit or wayside quarry unless any required approvals under the Aggregate Resources Act of the Environmental Protection Act have been obtained and are valid for the operation of the pit or quarry or a wayside pit or wayside quarry.
No person shall erect any building or structure in the Mining (MR) Zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a public road. [See Section 4.18]
All applicable zone regulations of Section 4 – General Provisions shall apply.
212 Township of Central Frontenac Zoning By-law
5.20 OPEN SPACE – OS ZONE No person shall use any land or erect, alter or use any building or structure in the Open Space (OS) Zone except in accordance with the provisions of this Section and of any other relevant Sections of his By-law.
5.20.1
Permitted Uses • • • • • • • • •
5.20.2
Cemetery [See Section 4.31] Conservation Use Community Garden Fairground Golf Course Natural Heritage Features and Areas [See Section 4.26 and 4.27] Outdoor Recreation Park [See Section 4.31] Public Service Use/Public Utility [See Section 4.42] Skateboard Park
Zone Requirements Minimum Yard Requirements • • • •
Front Yard…………………….7 m [22.9 ft.] Interior Side Yard…………….3 m [9.84 ft.] Exterior Yard………………….7 m [22.9 ft.] Rear Yard………………………3 m [9.84 ft.]
Maximum Lot Coverage …………………………………………………………………………………10% Maximum Building Height ………………………………………………………………… 6 m [19.7 ft.]
5.20.3
Additional Provisions 1.
Despite Sections 5.20.1 and 5.20.2 to the contrary, existing buildings and structures are deemed to be in conformity with the provisions of this Bylaw.
Accessory uses, buildings and structures and other general provisions shall be in accordance with Section 4 of this By-law.
All applicable zone regulations of Section 4 – General Provisions shall apply.
213 Township of Central Frontenac Zoning By-law
5.20.4
Exception Zones 1.
OS-X1, Part of Lot 29, Concession 2, Hinchinbrooke, Reference Plan 13R-2255, Brigden’s Island (By-law 2012-36) Permitted Uses • Private Open Space Private Open Space means the use of land for passive recreation purposes such as camping and outdoor recreation but shall not include the construction or erection of any permanent buildings or structures on the lot except for a dock.
214 Township of Central Frontenac Zoning By-law
5.21 HERITAGE – H ZONE No person shall use any land or erect, alter or use any building or structure in the Heritage (H) Zone except in accordance with the following provisions.
5.21.1
Permitted Uses • • • • •
5.21.2
Areas of archaeological potential Built heritage resources Cultural heritage landscape Historically established cemetery or burial site Public Service Use/Public Utility [See Section 4.42]
Zone Requirements • • •
Minimum Lot Area N/A Minimum Lot Frontage N/A Minimum Yard Requirements – new buildings or structures or extensions thereto: o Front yard – Main building …………………………………………………….. 6.0 m [19.69 ft.] – Accessory building ……………………………………………… 6.0 m [19.69 ft.] o Rear yard – Main building …………………………………………………….. 8.0 m [26.25 ft.] – Accessory building ……………………………………………….. 3.0 m [9.84 ft.]
• •
5.21.3
Interior Side Yard – Main building ……………………………………. 3.0 m [9.84 ft.] Existing Buildings or structures ……………………………………… existing setbacks
Accessory Buildings
- Accessory uses include buildings that are complimentary to the primary use. [See Section 4.1 for restrictions]
- All applicable zone regulations of Section 4 – General Provisions shall apply.
5.21.4
Exception Zones
215 Township of Central Frontenac Zoning By-law
1.
H-X1, Part of Lot 1, Concession 4, Oso Despite any provision of Section 5.21 to the contrary, on land identified as Heritage Exception 1 (H-X1) Zone on any Schedule to this By-law, the following regulations shall apply: Permitted Uses •
Cemetery
Additional Provisions Despite the provisions of the H Zone, on lands zoned H-X1, prior to any activity occurring on the property which would result in the disturbance of the ground surface, a Stage 2, archaeological assessment should be undertaken as described in the Ontario Ministry of Heritage, Sport, Tourism and Culture Industries Archaeological Assessment Technical Guidelines (1993). (This explanatory note does not form part of the by-law. Instruction from the Cemeteries Registrar should be sought prior to any agreements or arrangements being made regarding the reported cemetery on Lot 1, Concession 4, Oso Township. Investigation to determine the presence or absence of human remains may be required, but this can only occur on the instruction of the Registrar.)
216 Township of Central Frontenac Zoning By-law
Appendix A – Temporary Use By-laws By-Law # 2012-08
2020-48
2021-46
Location and Permitted Land Use Part of Lot 18, Con 7, Lot 31, Judges Plan 1608, Part 2, Kennebec Garden Suite 24719 Hwy 7, Sharbot Lake, Part Lot 17, Con 2, Oso Refreshment Vehicle 29649 Hwy 7, Arden, Part Lot 17, Con 7, Kennebec Refreshment Vehicle
Term of By-law March 13, 2012 to March 11, 2032
October 13, 2020 to October 13, 2023 July 13, 2021 to July 13, 2024
217 Township of Central Frontenac Zoning By-law
Appendix B – Holding By-laws
By-Law # 2011-20 – RW-h 2011-55 – LSR-h 2013-34 – R-h and MS-h 2014-43 – R-h 2015-17 – RW-X18-h 2017-30 – RW-h 2017-34 – R-h 2018-17 – R-h
2018-27 -R-h
Location and Permitted Land Use Part of Lot 1, Concession 7, Oso Parts of Lots 11 and 12, Concession 1, Olden Part of Lots 28 and 29, Concession 1, Oso Part Lot 17, Concession 8, FVLCP 70, Level 1, Unit 38, Kennebec Part Lot 16, Concession 1, Oso Part Lot 16, Concession 1, Oso Part Lot 17, Concession 8, FVLCP 70, Level 1, Unit 18, Kennebec Part Lot 17, Concession 8, FVLCP 70, Level 1, Unit 40, Kennebec Part Lot 17, Concession 7, FVLCP 70, Level 1, Unit 10, Kennebec
Lifting of ‘h’ Symbol
December 9, 2014
September 12, 2017 October 24, 2017
April 10, 2018
June 12, 2018
218 Township of Central Frontenac Zoning By-law
Schedules A1 – A5
219 Township of Central Frontenac Zoning By-law
