Schedule 'A', which is attached hereto and described in this Subsection, is hereby made a part of this By-law as fully and to all intents and purposes as though recited in full herein.
The extent and boundaries of all zones are set out on Schedule 'A' hereto and shall be interpreted in accordance with the provisions of Section 3.2, Clause (b).
Accessory uses and buildings (excluding accessory dwelling units) may be permitted in conjunction with the principal use of a lot subject to the following provisions:-
(a) Shall not be utilized as a dwelling or for any gainful occupation except as may otherwise be permitted in this By-law.
(b) Shall not be located in any required front yard or exterior side yard.
(c) Shall not exceed 15 percent lot coverage.
(d) Shall not exceed 7.5 metres (25 feet) in height.
(e) Shall not be located within 1 metre (3 feet) of any rear lot line or interior side lot line except for waterfront lots which in this case shall be 3 metres (10 feet).
(f) Notwithstanding Subsection 5.1(b), a detached garage may be located within a required front yard, but shall not be located within 3 metres (10 feet) of any front lot line.
5.2 "Accessory Dwelling Units" (see also 5.8)
(a) Accessory to Commercial Uses
(i) A maximum of one dwelling unit per commercial use excluding an automotive use shall be permitted within the principal building, but not within any basement, and shall be subject to the following requirements:
MINIMUM FLOOR AREA
Bachelor Unit 40 square metres (430 sq.ft.)
One Bedroom Unit 50 square metres (540 sq.ft.)
Two Bedroom Unit 60 square metres (645 sq.ft.)
Three Bedroom Unit 70 square metres (750 sq.ft.)
(ii) One single detached dwelling of a minimum floor area of 56 square metres (600 square feet) shall be permitted as an accessory use to any permitted commercial use.
(iii) One parking space per dwelling unit shall be required on the same lot in addition to the minimum number of parking spaces required for the principal use of the lot.
(iv) Residential intensification and redevelopment for more than one dwelling unit shall be permitted by site specific amendment subject to the provisions of this Section, provided that the minimum floor area of the principal dwelling unit is not thereby reduced below 56 square metres (600 square feet).
(b) Accessory to Residential Uses
(i) MINIMUM FLOOR AREA
Bachelor Unit 40 square metres (430 sq.ft.)
One Bedroom Unit 50 square metres (540 sq.ft.)
Two Bedroom Unit 60 square metres (645 sq.ft.)
Three Bedroom Unit 70 square metres (750 sq.ft.)
(ii) Residential intensification and redevelopment for more than one dwelling unit shall be permitted by site specific amendment subject to the provisions of this Section, provided that the minimum floor area of the principal dwelling unit is not thereby reduced below 56 square metres (600 square feet).
(iii) Garden Suites shall be permitted by site specific amendment as a temporary accessory use, subject to the provisions of this Section, provided that the minimum floor area of the suite is not less than 56 square metres (600 square feet).
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No adult entertainment parlours shall be made or established except according to licensing by the Township of Armour.
No arcades shall be made or established except according to licensing by the Township of Armour.
The use of any land, building or structure in the Municipality shall not be altered or changed except in compliance with the provisions of this By-law.
On a corner lot, interior side yard requirements may be substituted for rear yard requirements.
No more than two (2) motor vehicles without valid registration permits shall be stored or kept in view on any lot, except within a building or as may otherwise be permitted in this By-law.
(a) No dwelling unit shall be located above a boathouse or a private garage except where a private garage is attached to a dwelling.
(b) No part of any dwelling unit or habitable room shall be located within a basement of a non-residential building.
(c) Nothing in this By-law shall prevent the location of a dwelling unit or a habitable room entirely within a basement of a residential building, provided that in the opinion of the Chief Building Official such room or dwelling unit meets the requirements of the Ontario Building Code.
Every part of any yard requirement to be provided in any zone shall be open and unobstructed by any structure from the ground to the sky, except that:-
(a) sills, belt courses, cornices, chimney breasts, bay windows or pilasters may project into any required yard a distance of not more than 0.5 metres (2 feet);
(b) eaves or gutters, for other than an accessory building, may project into any required yard a distance of not more than 0.5 metres (2 feet);
(c) balconies, canopies or unenclosed porches may project into any required front or rear yard a distance of not more than 1.5 metres (5 feet);
(d) fire escapes may project into any required side or rear yard a distance of not more than 1.5 metres (5 feet);
(e) fences, freestanding walls, flagpoles, antennae, light standards and similar accessory structures and appurtenances, and hedges, trees and shrubs are permitted in any yard, but in the case of:-
(i) a residential interior lot situated in any Residential Zone, no structure, hedge or obstruction that is more than 1 metre (3 feet) in height is permitted within 3 metres (10 feet) of any street line, and
(ii) a residential corner lot situated in any Residential Zone, no structure, hedge or obstruction that impedes vision above a height of 1 metre (3 feet) is permitted.
Except as otherwise specifically provided for in this By-law, no person shall erect or use a building or structure for permanent, year round or full time use on any lot or parcel of land unless the lot or parcel has frontage to a street or road which is open year round and publicly owned and maintained.
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(a) A Group Home shall be permitted within any single detached dwelling except a cottage or a mobile home, but shall not be within one kilometre of another group home.
(b) Only group homes licensed by the Ministry of Community and Social Services in the following categories shall be permitted:-
(i) Approved Home (psychiatric care);
(ii) Homes for Special Care - Residential (psychiatric care);
(iii) Community Resource Centres (minor offender rehabilitation);
(iv) Halfway Houses for Alcoholics;
(v) Halfway Houses for Ex-Offenders;
(vi) Halfway Houses for the Socially Disadvantaged;
(vii) Satellite Residence for Seniors;
(viii) Accommodation Services for the Mentally Retarded;
(ix) Children's Residences.
The height limitations of this By-law shall not apply to limit the height of agricultural buildings or structures, church spires, clock towers, water tanks, water towers, elevator enclosures, flag poles, antennae, ventilators, sky lights, chimneys, windmills, grain elevators or public utility poles or towers.
Notwithstanding any other provisions of this By-law, where any zone symbol on Schedule 'A' has the suffix (H), no lot shall be used and no building or structure shall be erected thereon except for the following purposes unless the suffix (H) has been removed from the zone symbol by a by-law passed pursuant to Sections 34 and 36 of The Planning Act:
(a) All legal uses existing at the date of passing of this by-law and,
(b) One single detached dwelling on any lot of record existing on the date of passing of this by-law subject to any other provisions of this by-law which would apply to such dwellings if the suffix (H) was removed from the zone symbol.
Home industries will be permitted in the Rural Zone provided that:-
(a) the home industry does not create or become a public nuisance in particular in respect to noise, odours, traffic, parking, dust, vibration or interference with television or radio reception; and
(b) the home industry shall clearly be secondary to the main rural use of the lot; and
(c) not more than three (3) persons, excluding the owner, shall be employed in the home industry; and
(d) not less than three (3) parking spaces shall be provided for a home industry use;
(e) no storage of goods or material shall be permitted in any front or exterior side yard.
Home occupations and home professions shall be permitted in the Rural Zone, Residential Settlement Zone and Lakeshore Residential Zone provided that:-
(a) there is no external display or advertising other than a sign erected in accordance with the Sign By-law of the Corporation;
(b) there shall be no external storage of goods or materials;
(c) the home occupations shall clearly be secondary to the main residential use. It shall not change the residential character of the dwelling or create or become a public nuisance in particular with respect to excessive noise, traffic, parking, dust vibration or interference with television or radio reception:-
(d) not more than 25% of the floor area, to a maximum of 37 square metres (400 square feet), shall be used for the home occupation and does not reduce the residential use of the dwelling floor area to less than 55 square metres (600 square feet);
(e) not less than six parking spaces shall be provided for a medical, dental or drugless practitioner's office;
(f) not less than three parking spaces shall be provided for home occupation uses other than those in (e) of this subsection; and
(g) not more than one person excluding the owner is employed in the home occupation.
5.16 "Loading Space Provisions" (see Section 2.105 of this By-law)
(a) No person shall erect or use any building or structure in any commercial or industrial zone which involves the movement of goods, merchandise, or materials unless loading spaces are provided and maintained in accordance with the following provisions:
(i) one loading space shall be provided for every 278 square metres (3,000 square feet) or fraction thereof of the total ground floor area, and
(ii) loading spaces shall have dimensions of not less than 3.6 metres (12 feet) by 15 metres (50 feet), and
(iii) loading spaces shall not have less than 4.6 metres (15 feet) of vertical clearance.
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Any lot which is contained in more than one (1) zone as shown on Schedule 'A' shall be subject to the restrictions of each of the respective zones.
Where a use, building or structure was legally established prior to the date of the passing of this By-law, and is permitted by the provisions of the zone in which such use, building or structure is located, but does not meet the zone provisions with respect to yards, lot area, frontage, parking, setback or any other provisions of this By-law applicable to that zone, the said building or structure shall be deemed to comply with the By-law and may be enlarged, extended, reconstructed, repaired or renovated provided that:-
(a) The enlargement, extension, reconstruction, repair or renovation does not further reduce the compliance of that use, building or structure, with the provision(s) of the By-law to which it does not comply; and
(b) All applicable provisions of this By-law are complied with.
Where a building or structure which was erected prior to the date of the passing of this By-law is used for a purpose not permitted in the zone in which it is situated, the said building or structure may be reconstructed, repaired or renovated provided that:-
(a) The reconstruction, repair or renovation does not involve any alteration of use and the building or structure continues to be used for the same purpose; and
(b) All other applicable provisions of this By-law are complied with.
No use shall be permitted within the municipality which from its nature or the materials used therein is declared to be a noxious trade, business or manufacture under The Health Protection and Promotion Act, or regulations thereunder.
(a) Every building or structure erected, enlarged or used in accordance with the provisions of this By-law shall either be provided with the required number of parking spaces specified hereunder or shall be exempt from the provision of parking spaces in accordance with a Site Plan Agreement with Council pursuant to Section 41 of The Planning Act.
(b) Every parking space provided:-
(i) shall have access to a street or lane, and
(ii) shall be unobstructed by any other parking space, and
(iii) shall be located on the same lot on which the principal use is situated, and
(iv) shall be constructed of an all-weather durable surface.
(c) Handicapped Parking
In the case of buildings regulated by Part 5 of Ontario Regulation No. 925/75 passed pursuant to The Building Code Act, as amended, one (1) parking space for physically handicapped persons with a width of at least 3.5 metres (12 feet) shall be provided by the By-law, but not less than one (1) of the larger parking spaces shall be provided. These spaces shall be included in the calculation of the required parking. A parking space for physically handicapped persons shall be hard surfaced and level, located near and accessible to an entrance and identified for the use of physically handicapped persons by a sign consisting of the International Symbol of Accessibility for Handicapped Persons and such other graphic or written directions as are needed to indicate clearly the intended facility.
Residential 2 parking spaces per dwelling unit
Hotel or Motel 1.2 parking spaces per guest room
Nursing Home 1 parking space per bed
Church 1 parking space per each 5 seating spaces
Assembly Hall or Community Hall 1 parking space per each 10 people maximum design capacity
School The greater of:
(a) 1.5 parking spaces per classroom, or
(b) 1 parking space per 3 square metres (35 square feet) of floor area in the gymnasium, or
(c) 1 parking space per 3 square metres (35 square feet) of floor area in the auditorium.
Restaurant 1 parking space per 4.5 square metres (50 square feet) of floor area with a minimum of 10 spaces.
Office or Public Building 1 parking space per 139 square metres (1,500 square feet) of floor area.
Medical and Dental Offices 4 spaces for each practitioner.
and Clinic
Curling Rink 10 parking spaces per curling sheet.
Retail Store or Service Shop 1 parking space per 28 square metres (300 square feet) of floor area.
Industrial Establishment 1 parking space per 37 square metres (400 square feet) of ground floor area or for every two employees, whichever is greater.
Uses Permitted by this By-law 1 parking space per 37 square metres (400
other than Those Listed in square feet) of floor area.
this Table
(a) No pit or quarry shall be permitted in any zone except in the Extractive Industrial MX Zone.
(b) A wayside pit or wayside quarry may be permitted in any zone except any Residential Zone.
The provisions of this By-law shall not apply to the use of any lot or to the erection or use of any building or structure for purposes of the public services by the Corporation or by any local board of the Corporation as defined by The Municipal Act, any telephone or telegraph company, any natural gas distribution system operated by the Corporation or on its behalf by a company distributing gas to the residents of the Corporation and possessing all the necessary powers, rights, licences and franchise, any department of the Government of Ontario, including Ontario Hydro, any use permitted under The Railway Act or any other Statute of Ontario or Canada governing railway operations, including tracks, spurs and other railway facilities provided that where such lot, building or structure is located in any zone:-
(i) no goods, material or equipment shall be stored in the open, except as permitted in such zone;
(ii) any Zone Provisions of the zone within which the use is located shall be complied with except as otherwise provided in paragraph (b);
(iii) any above ground non-recreational use carried on under the authority of this paragraph in a Residential Zone shall be enclosed in a building designed, located and maintained in general harmony with Residential buildings of the type permitted in such zone.
Nothing in this By-law shall prevent land to be used as a street or prevent the installation of a watermain, sanitary sewer main, storm sewer main, gas main, pipe line or overhead or underground hydro, telephone or other supply line or communication line provided that the location of such main or line has been approved by the Corporation.
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A dwelling may be replaced with a new dwelling in the case of partial or complete destruction caused by fire, lightening, explosion, tempest, flood or act of God, or demolition by order of the Municipality, the Ministry of Environment & Energy or other authority for safety, health or sanitation requirements, provided that:-
(a) the new dwelling complies with all the requirements for dwellings and the floor area of the new dwelling is not less than 56 square metres (600 square feet), and
(b) where a dwelling is located in the flood plain, it is reconstructed with the same ground floor area and in such a manner that it can be floodproofed and does not increase the potential for flooding impacts upon other properties. (See also Section 11.4 and Exception No._FP_48)
On a corner lot within the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 10 metres (30 feet) measured along the street line from the point of intersection of the street lines, no building, structure or planting which would obstruct the vision of motor vehicles shall be erected. Such triangular space may hereinafter be called a "daylighting triangle".
Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be in the intersection of the projection of the street lines or the intersection of the tangents to the street lines.
Signs within the Municipality are subject to the provisions of any sign by-law of the Municipality pursuant to the provisions of The Municipal Act.
Notwithstanding anything contained in this By-law, a swimming pool is permitted as an accessory use in the side or rear yard of any zone provided no part of any pool is located closer to any side or rear lot line than 2 metres (6 feet) and every swimming pool shall be enclosed by a fence of at least 2 metres (6 feet) in height equipped with any gate capable of being locked and located at a distance of not less than 1 metre (3 feet) and not more than 10 metres (30 feet) from the pool.
Notwithstanding any other provisions of this By-law, uses such as a construction camp, work camp, toolshed, scaffold or other building or structure incidental to construction are permitted in any zone provided that:-
(a) such uses, buildings or structures are used only as long as are reasonably necessary for work in progress which has neither been finished nor abandoned or a period of one year whichever is the lesser;
(b) such uses, buildings or structures are removed when the work permitted is terminated.
In the Rural (Ru) Zone and any Residential Zone, a motorized mobile home, truck camper, trailer or camper trailer equipped with toilet facilities and a Ministry of the Environment approved sewage holding tank may be used for temporary human habitation during the construction of a dwelling unit on a lot, PROVIDED that such structure is located on the same lot as the dwelling unit under construction and in compliance with the setback provisions for the zone in which it is located and PROVIDED that:-
(a) No such structure shall be located on the premises until a trailer licence has been issued and a building permit for said construction has been issued and construction commenced;
(b) Such structure shall cease to be used for human habitation upon completion of the dwelling unit;
(c) Where not elsewhere permitted in this By-law, such structure shall be removed from the premises upon completion of the dwelling unit, or in all cases, within 60 days of the discontinuance of construction.
(a) Notwithstanding any other provisions of this By-law, no structures shall be located within 10 metres (30 feet) of any lands owned by the TransCanada PipeLines.
(b) TransCanada PipeLines is regulated by the National Energy Board Act, Section 112, which requires that anyone excavating with power-operated equipment or explosives within 30 metres (100 feet) of the pipeline right-of-way must obtain leave from the National Energy Board before commencing any work.
Notwithstanding anything contained in this By-law, no truck, bus, coach, street car body, recreational vehicle or structure of any kind, other than a dwelling unit erected and used in accordance with this and all other by-laws of the Municipality, shall be used for human habitation, whether or not the same is mounted on wheels or other form of mounting or foundation.
Where a lot of record having a lesser lot area and/or lot frontage than that required herein is held under distinct and separate ownership from abutting lots as shown by a registered conveyance in the records of the Registry or Land Titles Office at the date of the passing of this By-law, or where such a lot is created as a result of an expropriation, such smaller lot may be used and a building or structure may be erected, altered or used on such smaller lot, provided that all other requirements of this by-law are complied with.
Notwithstanding anything contained in this By-law, where any public street crosses a railway at the same grade, no building or structure shall be erected within 46 metres (150 feet) of the point of intersection of the centre line of both the railway and the street.
(a) Access to provincial highways is restricted and permits must be obtained from the Ministry of Transportation prior to any construction; and
(b) All signs and buildings adjacent to provincial highways require Ministry of Transportation permits prior to construction; and
(c) Minimum yards for any lot abutting Provincial Highways No. 11 and No. 520 shall be prescribed by the Ministry of Transportation on a lot by lot basis, but in no case shall a yard abutting such highway property be less than 7.5m (25 feet) for residential uses or 14m (46 feet) for commercial, industrial or institutional uses.
No more than three yard or garage sales per annum may be conducted at one location and no such sale shall exceed three days in duration.
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