The Corporation of the Township of Alfred and Plantagenet Zoning By-law No.

88 Pages·2015·2.62 MB·English

The Corporation
of the Township of
Alfred and Plantagenet
Zoning By-law
No.: 2009-50
LA CORPORATION DU CANTON D' ALFRED ET PLANTAGENET
THE CORPORATION OF THE TOWNSHIP OF ALFRED AND PLANTAGENET
R E S 0 L U T I 0 N I R E S 0 L U T I 0 N NO. c)f)o l( - 28'1
Date: 1er Juin 2009 /June 15\ 2009 Item no.: 11. I
Rapport I Report: Direction generale-Greffe I General GovernmenUClerk
Sujet I Subject: Reglement de zonage No. 2009-50
Zoning By-law No. 2009-50
Propose par I Proposed by : ,Lkd.luL. Exr-u. CL<-..:..£.t:...
d .Jl;2_
Appuye par I Seconded by : !3..fJ..--A-,..;__J:.:.._ cGx.--rru-vt-<-.tuz__.
ATTENDU QU'en vertu des dispositions de WHEREAS authority is granted pursuant to
!'article 34 de la Loi sur l'amenagement du Section 34 of the Planning Act, R.S.O. 1990,
territoire, SRO 1990, c. P. 13, tel qu'amendee, c. P.13, as amended, to Councils of
les conseils municipaux peuvent adopter des Municipalities to enact by-laws for prohibiting
a
reglements de zonage l'effet d'interdire the use of land, for or except for such
a a
!'utilisation du sol certain es fins OU purposes as may be set out in the by-law and
!'exception de certaines fins qui peuvent etre for prohibiting the erecting, locating or using of
etablies dans le reglement et pour interdire buildings or structures for or except for such
a
!'utilisation des batiments OU des structures purposes as may be set out in the by-law
a
certaines fins au !'exception de certaines fins within the municipality or within any defined
qui peuvent etre etablies dans le reglement, area or areas or upon land within the
selon qu'ils sent situes sur le territoire de la municipality;
municipalite;
QU'IL SOIT RESOLU que le Conseil adopte le BE IT RESOLVED that the Council adopt By-
Reglement No 2009-50 etant le Reglement de Law No. 2009-50 being.the Zoning By-Law for
zonage du Canton d'Alfred et Plantagenet; the Township of Alfred and Plantaaenet.
ET QU'IL SOIT RESOLU que le Conseil AND BE IT RESOLVED that Council repeal
abroge le Reglement de zonage No. 78-6 de Zoning By-law No. 78-6 of the former Village
l'ancien Village de Plantagenet, le Reglement of Plantagenet, By-law No. 107-80 of the
de zonage No. 107-80 de l'ancien Canton former Township of Alfred, By-law No. 255-81
d'Alfred, le Reglement de zonage No. 255-81 of the former Village of Alfred, and By-law No.
de l'ancien Village d'Alfred et le Reglement de 90-001 of the former Township of North
zonage No. 90-001 de l'ancien Canton de Plantagenet.
Plantagenet Nord.
Adoptee I Adopted I lnitiales du Greffier ou de la ;rp.
Greffiere-Adjointe I
Defaite I Defeated Clerk's or Deputy-Clerk's initials:
Vote enregistre demande par I Pour I For Cantre I Against
Recorded vote requested by:
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The Township of Alfred and Plantagenet Zoning By-Law 2009-50
The Corporation of the Township of Alfred and Plantagenet
Zoning By-law No. 2009-50
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I Foreword
This Zoning By-law affects all lands within the Township of Alfred and Plantagenet. To use this
By-law, locate the subject property on the schedules provided and determine the zone(s) which
affect(s) the land. Then review the specific regulations relating to the zone(s) in the following
sections. It is also important to review Section 4, entitled "General Provisions" and any
I applicable definitions in Section 3, entitled "Definitions".
Illustrations are provided as an aid to interpreting Section 3 "Definitions" to this By-law but shall
not form an integral part of this By-law.
Amendments to this By-law shall be approved by Council subject to the provisions of the
Planning Act. Minor changes to zoning standards or permitted uses, known as a Minor Variance
may be granted by the Township's Committee of Adjustment. Zoning changes and Committee
of Adjustment decisions require that formal applications be submitted to the Township and also
require public notification and consultation.
Should you have any questions about the interpretation of the wording of this by-law or the
process involved to amend the Zoning By-law or obtain relief from its provisions through a minor
variance, please contact the Planning Department.
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The Township of Alfred and Plantagenet Zoning By-Law 2009-50
TABLE OF CONTENTS
1. ADMINISTRATION
2. TITLE
3. DEFINITIONS
4. GENERAL PROVISIONS
4.1 Application of By-law
4.2 Frontage on an Improved Public Street
4.3 Municipal or Private Services
4.4 Cumulative Standards
4.5 Conflicting Standard
4.6 Building Permit Issued
4.7 Prohibited Uses
4.8 Occupancy Restrictions
4.9 Change of Use
4.10 Buildings to be moved
4.11 Additions to Buildings
4.12 Multiple Use Developments
4.13 Lots Divided Into More than One Zone
I 4.14 Frontage on More Than One Street (Through Lot)
4.15 Residential Use In a Commercial Zone
4.16 Road Widening
4.17 Streets and Parks
I 4.18 Special Uses Permitted
4.19 Accessory Uses, Buildings and Structures
4.20 Pools
4.21 Temporary Garage ("Tempo")
4.22 Shipping Container
4.23 Home Occupation
4.24 Public Uses
4.25 Automobile Service Station, Commercial Garage, Gasoline Bar, Car Washing Establishment
I 4.26 Open Storage, Sales and Display
4.27 Cemetery
4.28 Portable Asphalt I Cement Plant
4.29 Mobile Homes and Trailers
4.30 Signs
4.31 Solar Collector
4.32 Wind Energy
4.33 Dwelling Unit
4.34 Dwelling Unit Located in a Non-Residential Building
4.35 Garden Suites
4.36 Group Homes
4.37 Non-Conforming and Non-Complying Uses
4.38 Lots Having Less Area, Frontage and/or Depth
4.39 Minimum Number of Parking Spaces
4.40 Barrier Free Parking
4.41 Parking Area Location on Lot
4.42 Parking Area Regulations
4.43 Parking Space Location on Other Lot
4.44 Parking Area Surface
4.45 Ingress and Egress
4.46 Loading Requirements
4.47 Parking or Storage Vehicles in Residential Zone
4.48 Corner Lot Sight Triangle
4.49 Landscaped Open Space
4.50 Outdoor Illumination
4.51 Height Exceptions
4.52 Established Building Line in Built-Up Area
4.53 Yard, Setback and Height Encroachments or Projections Permitted
4.54 Exception Zone
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The Township of Alfred and Plantagenet Zoning By-Law 2009-50
11.3 Exception Zones
12. LOCAL COMMERCIAL ZONE· C1
12.1 Permitted Uses
12.2 Zone Provisions
12.3 Exception Zones
13. GENERAL COMMERCIAL ZONE - C2
13.1 Permitted Uses
13.2 Zone Provisions
13.3 Hotel Uses
13.4 Exception Zones
14. HIGHWAY COMMERCIAL ZONE-C3
14.1 Permitted Uses
14.2 Zone Provisions
14.3 Exception Zones
15. RURAL COMMERCIAL ZONE - C4
15.1 Permitted Uses
15.2 Zone Provisions
15.3 Exception Zones
16. LIGHT INDUSTRIAL ZONE - ML
16.1 Permitted Uses
16.2 Zone Requirements
16.3 Special Provisions for Abattoirs, etc.
16.4 Exception Zones
17. HEAVY INDUSTRIAL ZONE - MH
17. 1 Permitted Uses
17.2 Zone Requirements
17. 3 Exception Zones
18. MINERAL AGGREGATE RESOURCE ZONE - MX
18.1 Permitted Uses
18.2 Zone Requirements
18.3 Exception Zones
19. LANDFILL SITE ZONE-WO
19.1 Permitted Uses
19.2 Zone Requirements
19.3 Exception Zones
20. WRECKING YARD ZONE - WY
20.1 Permitted Uses
20.2 Zone Requirements
20.3 Exception Zones
21. INSTITUTIONAL ZONE - I
21.1 Permitted Uses
21.2 Zone Requirements
21.3 Exception Zones
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The Township of A/'fred and Plantagenet Zoning By-Law 2009-50
1. ADMINISTRATION
I Title
This By-law shall be known as the Zoning By-law or By-law No. 2009-50 of the Corporation of
the Township of Alfred and Plantagenet.
Defined Area
The provisions of this By-law shall apply to all lands within the municipal boundaries of the
Corporation of the Township of Alfred and Plantagenet, as shown on Schedules "A, B, C, D, E,
and F", attached hereto.
Conformity with By-Law
No land shall be used and no buildings or structures shall be erected, altered, enlarged, or used
within the Township of Alfred and Plantagenet except in conformity with the provisions of this
By-Law. This By-Law shall not reduce or mitigate any restrictions lawfully imposed by an
authority having jurisdiction to make such restrictions.
No person shall change the purpose for which any land, building or structure is used, or erect
any new building or structure or addition to any existing building or structure or sever any lands
from an existing parcel if the effect of such action is to cause the original, adjoining or remaining
lands, buildings or structure to be in contravention of this By-Law.
Violations and Penalties
Any person who uses any lot, or erects or uses any building or structure or nay part of any lot,
building or structure in a manner contrary to any requirement of this By-law, or who causes or
permits such use or erection, or who violates any provisions of this By-law or causes or permits
a violation, shall be guilty of an offence and on conviction is liable to a fine in accordance with
the provisions of the Planning Act and every penalty shall be recoverable under the Provincial
Offences Act, R.S.O. 1990, c. P.33, and amendments thereto.
When a person has been convicted of an offence under this by-law, any court of competent
jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted,
issue an order prohibiting the continuation or repetition of the offence or the doing of any act or
thing by the person convicted directed towards the continuation or repetition of the offence.
The following penalties apply:
Every person who contravenes any of the provisions of this by-law and, if the person is a
corporation, every director or officer of the corporation who knowingly concurs in the
contravention, is guilty of an offence and on conviction is liable (a) on a first conviction, to a fine
of not more than $25,000.00; and (b) on a subsequent conviction, to a fine of not more than
$10,000.00 for each day or part thereof upon which the contravention has continued after the
day on which the person was first convicted.
Where the person convicted of a breach of any of the provisions of this by-law is a corporation,
the penalty that may be imposed is (a) on a first conviction, a fine of not more than $50,000.00;
and (b) on a subsequent conviction a fine of not more than $25,000.00 for each day or part
thereof upon which the contravention has continued after the day on which the corporation was
first convicted, and not as set out at point (a) in the previous paragraph hereto.
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The Township of Alfred and Plantagenet Zoning By-Law 2009-50
information as may be required to determine whether the uses confonn with the
requirements of this by-law.
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Inspection of Land, Buildings and Structures
Subject to Section 49 of the Planning Act, R.S.O. 1990, c. P.13, the Planner or other such
person as may from time to time be designated by Council or any person acting under his or her
instructions, and upon producing proper identification, is hereby authorized to enter, at all
reasonable times, upon any property or premises for the purpose of carrying out his duties
under this By-law.
Notwithstanding any provisions of this By-Law to the contrary, no officer or employee of the
Corporation shall enter any room or place actually being used as a dwelling unit without
obtaining the consent of the occupant, first having infonned the occupant that the right of entry
may be refused, except under the authority of a search warrant issued under Section 158 of the
Provincial Offences Act, R.S.O. 1990, c. P.33.
Licences and Permits
No municipal pennit, certificate, or licence shall be issued for a proposed use of land or a
proposed erection, alteration, enlargement or use of a building or structure that is in
contravention of any provision of this By-Law. In addition, where the approval of another
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agency or authority is required, such approval shall be obtained and submitted to the Zoning
Administrator at the time of application for such a pennit, certificate or licence.
Notwithstanding the above, receipt of such approval shall not be deemed to establish confonnity
with the provisions of this By-Law.
Certificate of Occupancy
No change may be made in the type of use of any lot covered by this By-law or of any building
I or structure on any such lot or of any part of such lot, building or structure, until a Certificate of
Occupancy has been issued by the Chief Building Code Official or designated officer to the
effect that the proposed use complies with this By-law.
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Validity
Should any Section or part of a Section of this By-law or Schedules 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.
The requirements of this by-law are severable, if any requirements of this by-law are held
invalid, the application of such requirements to other circumstances and the remainder of this
by-law shall not be affected.
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 force within the area affected by this By-law, or from applying for and obtaining
any permit, license, pennission, 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.
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The Township of Alfred and Plantagenet Zoning By-Law 2009-50
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Township of Alfred and Plantagenet, subject to the provisions of the Planning Act R.S.0.1990,
c. P.13.
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The Township of Alfred and Plantagenet Zoning By-Law 2009-50
3. DEFINITIONS
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 discretionary; 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 Abattoir
Means a building or structure wherein animals are slaughtered and processed for packaging,
distribution and resale.
3.2 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 main use, building or structure and
located on the same lot therewith. For an accessory building or structure, it shall also be
uninhabitable and detached from the main building.
3.3 Adult Entertainment Parlour
Means any premises or part thereof in which are provided in pursuance of a trade, calling, business
or occupation, live entertainment or live services appealing to or designed to appeal to erotic or
sexual appetites or inclinations. For the purpose of this definition "services" includes activities,
facilities, performance, exhibition, viewing and encounters but does not include the exhibition of film
approved under the Theatres Act, and "services designated to appeal to erotic or sexual appetites
or inclinations" includes (a) services of which a principal feature or characteristic is the nudity or
partial nudity of any person, (b) services in respect of which the word "nude", "naked", "topless",
"bottomless", "sexy" or "nu" or any other word or any picture, symbol or representation having like
meaning or implication used in any advertisement.
3.4 Adventure Game
Means an outdoor or indoor sport or recreational activity operated commercially where participants
attempt to capture a flag or to achieve other pre-determined objectives and require the use of one
or more of the following equipment: gas-operated markers that shoot biodegradable gelatine
capsules filled with a water-soluble, non-toxic paint, paint pellets, safety equipment including
goggles and armbands to identify team participants.
3.5 Adverse Effects
Means one or more of the following:
i) Impairment of the quality of the natural environment for any use that can be made of it;
ii) injury or damage to property or plant and animal life;
iii) harm or material discomfort to any person;
iv) an adverse effect on the health of any person;
v) impairment of the safety of any person;
vi) rendering any property or plant or animal life unfit for use by humans;
vii) loss of enjoyment of normal use of property; and
viii) interference with normal conduct of business.
3.6 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 R.S.O. 1990, c. M.14.
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The Township of Alfred and Plantagenet Zoning By-Law 2009-50
When used in reference to a shoreline:
i) means to change, straighten, divert or interfere in any way with the channel of any
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watercourse.
3.11 Amenity Area
Mean a space on a lot other than part of a dwelling unit, intended for the passive enjoyment and/or
active recreational use of the residents.
i) Private Amenity Area; means an amenity area immediately adjacent to the dwelling
unit served and with access controlled by the dwelling unit residents.
I 3.12 Animal Hospital
Means a building or part of a building used by a veterinary surgeon where domestic animals and
other livestock are treated and where domestic animals and birds are kept for treatment {including
surgery), and where veterinary drugs and other related products, including pet food, may be sold.
This definition includes a veterinary establishment and may also include a kennel as an accessory
use.
3.13 Arts, Crafts and Antiques Market
Means a building or open area in which stalls or sales areas are set aside or rented or otherwise
provided, and which are intended for use of various unrelated individuals to sell articles that are
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either homemade, home grown, handcrafted or antique. This definition shall not include the selling
of antique vehicles and/or a flea market.
3.14 Assembly Hall
Means a building or structure or portion thereof where facilities are provided for the following:
athletic, civic, educational, political, or social events, trade shows, conferences, and fashion shows.
This definition may include an arena, auditorium, community center, gymnasium, stadium, theatre,
banquet hall, auction hall or similar use operated for gain or profit.
I 3.15 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.
3.16 Attic
Means that portion of a building immediately below the roof and wholly or partly within the roof
framing and which is not a one-half story.
3.17 Auction House
Means premises used for the storage and/or display of goods or materials which are to be sold on
the premises by auction.
3.18 Auditorium
Means a building, structure or part thereof where facilities are provided for athletic, c1v1c,
educational, political, religious, or social events. This definition may include an assembly hall,
arena, community centre, gymnasium, stadium, theatre or similar use.
3.19 Automobile Body Shop
Means an establishment where motor vehicle bodies, exteriors or undercarriages are painted or
repaired. Accessory uses may include a towing service and the rental of motor vehicles to
customers whose motor vehicles are being repaired. This definition shall not include an automobile
wrecking yard or salvage yard.
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