TOWNSHIP OF MANITOUWADGE

1 Mississauga Drive

Manitouwadge, ON P0T 2C0

May 27, 2020 PUBLIC HEARING NOTICE

MINOR VARIANCE/PERMISSION

(Section 45 of the Planning Act)

Meeting Date and Time: Wednesday, June 10, 2020 at 6:30 p.m.

Location*: Council Chambers, Municipal Building, 1 Mississauga Drive

Property Address: 16 Swallow Drive

Legal Description: Plan M179 Lot 108 PCL 108-1

Present Zoning: Residential (R1)

Requested Variance to the Zoning By-law 87-25, Section 5(5.8): The minimum front

yard setback is 7.5 metres. The application proposes to request relief from the zoning

provision to facilitate the construction of a covered porch to the existing building which will

reduce the front yard setback from 7.5 metres to 2.4 metres

Dear Property Owner:

In accordance with the provisions of the Planning Act, this is to advise that the Township of

Manitouwadge Planning Department received a complete Minor Variance application for a

proposed Zoning By-law Amendment.

MAKING YOUR VIEWS KNOWN

The notice has been mailed to you an owner of a property within 60 metres of the subject

property, as required by the Planning Act, to ensure that, as an interested person, you may

make your views known by:

*Attending the Public Hearing via Telephone Conference: If you wish to present

your views verbally, please contact the Secretary-Treasurer of the Committee to

arrange an appointment time to address the Committee of Adjustment.

Secretary-Treasurer: deputyclerk@manitouwadge.ca (807) 826 3227 ext 223

Sending a letter by Mail or Email: Information you choose to disclose in your

correspondence will be used to receive your views on the relevant issue(s) to enable

the Committee to make its decision on this matter. This information will become part

of the public record.

If you do not attend the public hearing, or express your views in writing, the Committee may

make a decision in your absence, and may recommend changes in the proposal.

TO VIEW THE MATERIALS IN THE APPLICATION FILE

Application plans and other related materials are available to view on our website under

Public Notices at https://www.manitouwadge.ca/news/

If you are unable to view plans online, copies of the application submission can be obtained

by contacting the Planning Department via the contact information below.

RECEIVING A COPY OF THE COMMITTEE’S DECISION

The Committee will announce its decision on the application at the Public Hearing.

To receive a copy of the Decision, please submit a request to the Planning

Department via the contact information below.

If you wish to appeal a Decision of the Committee to the Local Planning Appeal

Tribunal (LPAT), you must file your written request for a decision with the Secretary-

Treasurer of the Committee.

For further information, please contact:

Owen Cranney, Planning Manager Phone: 807 826 3227 ext 245. Email: owen@manitouwadge.ca

16 Swallow Drive Meeting Date and Time: Wednesday, June 10, 2020 at 6:30 p.m.

Location*: Manitouwadge Council Chambers,1 Mississauga Drive

Requested Variance to the Zoning By-law 87-25, Section 5(5.8): The minimum front yard setback is 7.5 metres. The application proposes to request relief from the zoning provision to facilitate the construction of a covered porch to the existing building which will reduce the front yard setback from 7.5 metres to 2.4 metres.

View Public Notice at

www.manitouwadge.ca/news/.

Or Call 807 826 3227 ext 245

PUBLIC HEARING NOTICE MINOR VARIANCE/PERMISSION

(Section 45 of the Planning Act)

if II

II

THE CORPORATION OF THE TOWNSHIP OF MAN!TOUWADGE

BY-LAW NO. 87- 25

Being a By-1aw to adopt a comprehensive Zoning By-law for the Township of Mani­touwadge.

SEE INDEX ATTACHED FOR AMENDMENTS

The Council of the Corporation of the Township of Manitouwadge under

Section 34inof The Planning Act, 1983 hereby EMACTS AS FOLLOWS:

l. The Comprehensive Zoning By-law for the

Township of Manitouwadge consisting of the

attached maps and explanatory text, is hereby adopted.

2. That the Clerk is hereby authorized and

directed to post public notice of the passing of the By-law in adopting the

Comprehensive Zoning By-law for the Township of Manitouwadge.

3. That By-law Number 58-40 is hereby repealed.

4. That this By-lav.: shall cortie into force cind

take effect subject to the normal approval procedure in accordance with the Planning Act.

READ a first and second time this 13th day of /1ay 1987.

READ a third time and finally passed this 13th day of May,'I987.

APPROVED

~ 44~~ Municigal Affak:li ~ '

Subject to norffial approval procedures in accordance with the Planning Act.

Dear Sir or Madam:

under the provisions of Section 34 of the Planning Act, you have received a copy of this notice of By-law Number~?, .2.:S-eit.11.er because you are a lando-wner within 120 metres of the area to which the By-law applies or a designated agency as outlined under

Ontario Regulation 404/83.

Yours truly,

Mr. Bernard Brouillard Ad:ninistrator/Clerk-Tr-oasurer

THE PIANNWG ACT, 1983

NOITCE OF THE PASSING

OF A ZOND,G BY-ll\W BY

The CO:qx::ration of the Township of Manitcuwadge

TAKE NOTICE that the Council of the Cornoration of the Townshio of Manitouwadge passed By-law ;;7-;,J·on t.'le ~ day of -~0~9±/_, -1987 under S€:C'"...ion 34 of 'Ihe Planning Act, 1983a V

AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the _Clerk of tJ1e Tow;7hip of Manitouwadge not later than the I? -r,t d<:-Y of

Jc~~- , 1987 a notice of appeal setting out the objection to tl1e by-law and t.'le reasons in support of t.'1e objection.

An explar.ation of t.'1e purpose and effect of t.'1e By-law, des=ibi11g lands to which fae By-law applies and key maps showing t.'1e 1 ooation of t.'1e lands to

· which the By-law applies are attached.. '!he complete By"-law is available for inspection i..-.1 my office during regular office hoUrs.

Dated at the Township of Manitouwadge this / 3 u_ day of ),;z.,~ 1987. --7"'-,-~,--

~~~ Mr. Eernaro. Brouilla:i:d Clerk Towrship of Manitouwadge Manitouwadge, ontario POT 2CO

BJRF0SE AND EFFECT

BY-IAW NO. !::f.::3.. ":,' TCw1lSHIP OF MANI'IOtJWAJ:GE

By-law Na. S?-;25'is a new Comprehensive Zoning By-law far the Tawnship of Manitouwarlge. It replaces t.'1e Township's existing Zoning By-law Na. 58-40

and all subseqUent amendments ta By-law Na. 58-40. 'lhe By-law regulates the use of all land (including residential, commercial, industrial, institutional, rural and oPen space), buildings and str~ctures in the Township of Manitouwadge. It authorizes the uses set out i.'11 the text ar.d prohibits any use of land or the construction or use of buildings not specifically authorized - unless such use was lawtully in existence on t.'le

day the By-law was passed.

Applications to C;.'1.ange or amend t..'le By-law may be made at any time. All such amer..dn'e..'T'",..s, however, must be in conformity with t"le Official Plan for the Tcwnshlp of Manitouwadge and must receive approval from the Council.

Al 1 measurerrents i...'1 the By-law are in metric units. A conversion table is provided at the back of the By-law to assist in ccnverting betwee.'1 metric measureme.'1ts and Imperial measurements.

'!he following is a brief summary of the provisions of the ner.v By"-law:

SE=ON 1 of the By-law establishes, among ether matters, that the By-law applies ta all lards in the Township of Manitauwadge and that no land shall be used and no building or structure shall be used, erected, altered, or enlarged except in ccnfarmity with t.'1e By-law. It also establishes that the By-law shall come into full force and effect as of the date of its passing by the CoUncil if there are no abject.ions or upon approval by the Ontario MUJ'licipal Board, as may be modified by the Board if t.,_ere are objections.

SE=ON 2 defines a number of tenns used in t.'ie By-law.

SECTION 3 establishes ti.at the Zone Maps e:arrprising Schedules nA" and "B'' are part of the By-law, and that the Zane Maps are divided into a number of zones. Section 3 also provides for the manner of interpreting zone boundaries.

SECTION 4 SS-....ablishes ge..'l"lel:'al provisions that apply to more than one zone in the By-law. These general provisions cover suc."'l matters as accessory uses, corner lot sight restrictions, lots having less than the requ.ired frontage or area, non-conforming uses, mobile homes, off-street parking, home cceu.-pations and street frontage of building lots.

SE=oN 5 through SE=ON 19 set out the specific land use zones of the Ey-1 aw. There is a total _of fifteen specific zones. They include four residential zones, t.tree commercial zones, three industrial zones, an institutional zone, two open space zones, a hazard land zone and a rural zone. For each zone there is a listiJ1g of permitted uses and a number of standards including minimum lot size; minimum lot frontage: maximum lot coverage; maximum height; and minimum front, side and rear yards.

SECI'ION

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3.

4.

5.

6.

7.

8.

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15.

16.

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19.

TABLE OF CONTENTS

INTERFRE"..A_'f'ION l\ND AfMINISTRATION

DEFINmONS

ZONES l\ND ZON!NG MAP

GENERAL PROVISIONS

RESIDENTIAL ZONE l (Rl) llEGUL!\.TIONS

RESIDENTIAL ZONE 2 (R2) llEGUL!\.TIONS

M:>BII.E HOME RESIDENTIAL ZONE 3 (R3) llEGUL!\.TIONS

SE/\SONl\L RESIDENTIAL zorn, (R4) llEGUL!\.TIONS

GENERAL COMMERCIAL ZONE {Cl) REGUIATIONS

l!IGh"WAY COMMERCIAL ZONE {C2) llEGUL!\.TIONS

WATERFRONT COMMERCIAL ZCl,'lE (CJ) REGOIATIONS

INI.US'.l'.RIAL - SERVICE (Ml) REGUIATIONS

INI.US'.l'.RIAL - AIRroRl: (M2) !ID,UIATIONS

INIXJSTRIAL - IDII'RA=vE l\ND FORESTRY (M3) REGUI.ATIONS

lNSTI'IUI'IONi\L ZCl,'lE {I) REGOIATIONS

OPEN SPACE - RECREATIONAL ZONE (01) REGUI.ATIONS

OPEN SPACE - IAKEFRONT ZONE (02) REGUCATIONS

llAZARIJ l..l\Nll ZCl,'lE (HL) llEGUL!\.TIONS

RL'RAL ZONE (RU) REGUI.ATIONS

Somrx.JLE "A" - URBAN AREA

PAGE

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51

52

SCHEDULE 1

BY-LAf, NO. BJ-;25

A By-law to regulate the use of land and the character, location and use of

buildings and structures in the Township of M.anitouwadge.

WHEREAS the Council of the Corporation of the Township of Manitouwadge

deems it necessary in the public interest to pass a restricted area by-law

in order to regulate the use of land and the er:-ection and use of buildings

and st:ructures;

Ai.'ID WHEREAS authority 1s granted under Section 34 of The Planning Act, 1983

to pass this By-law.

NOW THEREFORE the Council of the Corporation of the Township of

Manitouwadge ENACTS AS FOLLOWS:

SECTION 1 - nrrERPRETATION A.;_'fD ADMTNISTRATION

1.1 TITLE

This By-law shall be known as the "Restricted Area (Zoning) By­

law" of The Corporation of the Tow-nship of Manitouwadge.

1.2 APPLICATION

The provisions of this By-law shall apply to all lands within the

boundaries of The Municipality as now or hereafter are legally

constituted.

l. 3 SCOPE

1.4

No lands shall be used and no buildings or structures shall be

-erected, altered, enlarged or used within the Township of

~..anitouwadge except in conformity with the provisions of this By­

law.

MINIMUM REQUIREMENTS

In interpreting and applybg the provisions of this By-law, they

are held to be the minimum requirements for the promotion of the

health, safety, com.fart, convenience and general welfare of the

inhabitants of the Municipality.

1.5 MEANING OF USE

Unless the context otherwise requires, the expressions "use" or

"to use" in this By-law include anything done or permitted by the

owner or occupant of any land or building, directly or indirectly

or by or through any trustee, tenant, servant, or agent , acting

for or with the knowledge or consent of such owner or occupant,

for the purpose of making use of the said land or building.

1. 6 MEA,'IING OF SHALL

In this By-law, the word "shall" shall always be construed as

mandatory.

1.7 NUMBER A...'ID GENDER

In this By-law, unless the -contrary intention appears, words

im:parcing the singular number or the masculine gender only shall

include more persons, parties, or things of the same kind than

one, and- females as well as males, and the converse.

1. 8 P.....DMIN1S7R..,l_TI.ON

This By-law shall be administered by the Chief Building Official

and/or such other person or persons as the Council of the Township of Manitouwadge designates.

1.9 LICENCES A...'ID PER....~ITS

No municipal permit, certificate, or licence shall be issued

where the said per.nit is required for a proposed use of land or a proposed erection, alteration, enlargement or use of any building

or structure that is in violation of any provisions of this By­law.

1.10 BUILDING TO BE MOVED

No building, residential or otherwise, shall be moved within the limits of the Municipality or shall be moved into the Municipality from outside, without a permit from the Chief Building Official.

I.II REPEAL OF EXISTING BY-LAWS

1.12

From the coming into force of this By-law, all previous by-laws

passed under Section 34 of the Planning Act, 1983 or a predecessor thereof, shall be deemed to have been repealed except

to the extent that any of the said by-laws prohibits the use of

any land, building or structure for a purpose that is also

prohibited by this By-law.

APPLICATION OF OTHER BY-LAWS

Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of any by-law of the

Municipality in force from time to time or the obligation to

obtain any licence, permit, authority or approval required under

any By-law of the Municipality.

1.13 VALIDITY

Should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected.

2

SZCTION 2 - DEFINITIONS

For the purpose of this By-law, the definitions and inter?retations gi'?en

herein shall govern.

2.1 ACCESSORY, when used to describe a use, building or structure,

shall mean a use 1 a building or a structure that is normally

incide:ital, subordi:iate and exclusively de•Ioted to a main use,

building or structure and that is located on the same lot

therewi t:1 and includes a pr iv ate garage and a dock.

2.2 AGRICULTURAL USE, shall mean the cultivation of land, the

production of crops and the selling of such product on the

pre!Tlises, and the breeding, raising and care of livestock and the

selling of such livestock or the product of such li•Jestock raised

on the premises, and without limiting the generality of the

foregoing includes animal husbandry, and the raising and

harvesting of field, bush, or tree crops, truck gardening,

nurseries and greenhouses.

2.J AIRPORT OR AIRCRAFT LANDING AREA, shall mean the use of land,

including water, runway, or other facility designed, used or

intended to be used either publicly or by any person or persons

for the landing or taking off of aircraft, including al 1

necessary taxiways, aircraft storage, tie-down areas, hangers and

other necessary buildings, structures and open spaces.

2.4 ~• when used in reference to a building or structure or part

thereof, shall mean to change the use or the external dimensions

of such building or structure or to change the type of

construction of the exterior walls or roof thereof. When used in

reference to a lot, the word "alter" means to decrease the width,

depth, or area thereof or to decrease the width, depth, or area

of any required yard, setback, landscaped open space, or parking

area, or to change the location of any boundary of such lot with

r:espec:. to a street or lane, whether such alteration is made by

conveyance or alienation of any portion of said lot, or:

otherwise.

2.5 ANIMAL HOSPITAL OR VETERINARY CLINIC, shall mean a building

wherein animals, birds, and other livestock are treated or kept

under the care of a licensed veterinary surgeon.

2.6 APARTMENT BUILDING, shall mean a building that contains four {4)

or more dwelling units which units have one or more common

entrances from street level and are served by a common corridor,

and the occupants of which units have the right to use in common

the corridors, stairs, elevators, yards or one or more of them.

2. 7 ASSEMBLY HALL, shall mean a building or part thereof in which

facilities are provided for such purposes as meetings for civic,

educational, political, recreational, religious or social

purposes 1 and without limiting the generality of the foregoing

may include such facilities as a banquet hall or private club.

2.8 ATTACHED, shall mean a building otherwise complete in itself,

which depends for structural support, or complete enclosure, upon

a division wall or walls shared in common with an adjacent

building or buildings.

2.9 AUT:JMCBILE BODY REPAIR SHOP, shall mean a building O!'." struct.'..lre

used pcimarily for making repairs or alterations to the body or

paint work of any vehicle.

2, 10 AUTO MOB ILE SERVICE STATION or SERVICE STATION or GARAGE, PUBLIC,

shall mean a building or part of a building or a clearly defined

space on a lot used primarily for the retail sale of lubricating

oils, gasoline, diesel fuel and propane for motor va:hicles and

may include t:J.e sale of automobile accessories, and the sec-vicing

and repairing essential to the operation of motor vehicles.

2, 11

2, 12

BASEMENT, shall mean that portion of a building between two floor

levels which is more than 50% below the ground level at the

ex<.:.erioc walls.

BOARDING ROUSE, ROOMING BOUSE, OR TOURIST HOME, shall mean a

building or poction thereof in which the propcietor supplies to

othe::: persons for hire oc gain, lodging, meals or both 1 but shall

not include a hotel, motel, hos;?ital, home for the young or the

aged, group home, crisis residence, or institution, or restaurant

accommodating the general public.

2.13 BOA<;;HOUSE, shall mean a structure constructed for the purpose of

storing boats and accessories but it shall not include a

dwelling.

2.14 BUFF-SR STRIP, shall mean an area of land used for no other

purpose than for the erection of a fence, or the planting and

maintaining of a continuous row of natural evergreens or a

continous unpierced hedgerow of natural shrubs and the remainder

of which is to be used for landscaping. A buffer strip is not

part of a required yard.

2.15

2.16

2. 17

BUILDING, shall include any structure whether temporary or

permanent, used or intended for sheltering any use or- occupancy

but shall not include a boundary wall cc fence.

BUILDING AREA, shall mean an area designated on a zoning map or

Zoning map schedule which defines the area of the lot within

which permitted buildings or other structures may be erected,

used and maintained and shall be calculated by deducting all

appropriate yard areas and setbacks from the gross lot area,

BOLK SALES ESTABLISHMENT, shall mean the use of land for the

purpose of stocing, buying and selling coal, fuel oil, propane,

wood, lumber, building materials, ice and allied chemicals but

does not include any manufacturing, assembling or pc-ocessing

uses.

2.18 CARPORT, shall have the meaning attributed to it in the

definition of GARAGE, PRIVATE.

2. 19 CHURCS:, SYNAGOGUE OR TEMPLE, shall mean a buildfog dedicated to

religious worship and may include a church hall, church

auditorium, Sunday school, parish hall and church day nursery.

4

2.20 CL!NIC, shall mean a building or structure that is used or

intended for use by one or more physicians, dentists,

chiroprac:.ors and/or drugless practitioners, or any one or more

of them, as well as their staff and patients, for the purpose of

consultation, diagnosis and office treatment.

2.21

2.22

COMMERCIAL USE, shall mean the use of land or buildings for the

purposes of buying and/or selling commodities and supplying

Se!:"vices.

COMMUNITY CENTRE, shall mean a building used primarily for

community activities and occasionally for commercial purposes,

the c:mtrol of which is vested in the Municipality, a local baaed

or trustees.

2.23 COVERAGE, shall mean the combined area of all buildings oc

structures on the lot measured at the 1e,1el of the lowest storey

above grade, including all porches and verandahs open or covered,

but excluding open, unenclosed terraces at grade, ste;,s,

cornices, eaves, bay winCows, chimney breasts, corbelling and

similar projections and open parking areas and out.door swi;nming

pools.

2.24: CRISIS RESIDENCE, shal 1. mean a residence that is licensed or

furided by the Province of Ontario for the short term (averaging

one month a~ less) accommodation of three to five persons,

exclusive of staff, living under supervision in a single house­

keeping unit and who by reason of their e6otional, mental,

social, or physical condition, or legal status, require a group

living an:angement foe their well-being.

2.25

2.26

2.27

2.28

2. 29

2.30

DOCX, shall mean a structure on land .9r: in the water to be used

for transferring goods or passengers to or from a boat or

airplane.

DWELLING, shall mean a building, occupied or designed to be

occupied exclusively as a hane, .residence or sleeping place by

one or more persons, but shall not include hotels, boarding

h?uses, rooming houses, motels, institutions, group homes or

crisis residences.

DWELLING, DUPLEX, shall mean a building t~at is divided

horizontally into two (2) dwelling units each of which has an

indepe:1dent entrance either directly or through a common

vestibule.

DWELLING, D0U3LE DUPLEX, shall mean two (2) attached duplex

dwellings.

DWELLING, MODULAR, shall mean a prefabricated single detached

dwelling being so constructed or assembled that the shortest side

of such dwelling is not less than six (6) metres in width.

DWELL:iNG, MULTIPLE, shall mean a building used, designed, or

intended to be used for occupancy as three (3) or more dwelling

units independently of each othei:;.

5

2.3]

2.32

2.33

DW'ELLING, SEMI-DETACHED, shall mean a building that is divided

vertically into two (2) dwelling units each of which has an

independent entrance whether directly or through a common

vestibule and which has no direct access between the two (2) units.

DWELLING, SING~E DETACHED, shall mean a building used, designed, or intended to be used for occupancy as a single dwelling unit.

This definition shall not include a mobile home as defined

herein.

DWELLING, TOW"NHOUSE or ROWHOUSE, shall mean a building containing three (3) or more attached dwelling units with a common masonry

wall dividing each of the abutting dwelling units vercically,

each of which has an independent entrance from the outside.

2.34 DWELLING, TRIPLEX, shal 1 mean a building that is divided

horizontally into three (3) separate dwelling units, each of

which has an independent entrance either directly or through a

common vestibule.

2.35

2.36

2.37

2.38

2.39

2.40

DW'ELLING, TWO FAMILY, shall mean a building used, designed, or

intended to be used for occupancy as two independent dwelling

units and includes a duplex dwelling or semi-detached dwelling.

DWELLING UNIT, shall mean one or more habitable rooms occupied or

designed to be occupied by an individual or family as an

independent and separate housekeeping establishment in which

separate kitchen and sanitary facilities are provided for the use

of such individual or family, with a private entrance from out­

side the building or from a common hallway or stair~y inside the

building.

DWELLING UNIT, BACHELOR, shall mean a dwelling Wlit consisting of

one bathroom and not more than one other habitable room,

providing therein living, dining, sleeping and kitchen accom­

modation in appropriate individual or combination room. or rooms.

EASEMENT, shall have the meaning attributed to it in the

definition of RIGHT-OF-WAY.

shall mean to do anything including the erection,

building, construction, reconstruction, installation,

enlargement, extension or material alteration or repair of a

building or structure and shall include the relocation of a

building or structure, the installation of a building unit

fabricated or removed from elsewhere and the demolition or

removal of a building or any part thereof.

"erection" shall have cor:-responding meanings.

11 Erected" and

EXISTING, shall mean existing as of the date of the final passing

of this By-law.

2.41 FAMILY, shall mean an individual, or two (2) or more persons who

are related by blood or marriage or legal adoption, or a group of

not more than five (5) unrelated persons, inclusive of servants,

occupying a dwelling unit and may include not more than two (2)

6

persons who receive their lodging, board or both for

compensation.

2.42 FLOOR .~.REA, shall mean the sum of the areas of all of the floors

oE a building or struct'..lre measured from the outside of all

outside walls, including enclosed porches, sunrooms and storage

rooms but exclusive of any attached garage, terrace, open

verandah, unfir,.ished attic, basement or cella.r.

2.43 FORESTRY US2, shall mean the raising and harvesting oE wood and

without limiting the generality of the foregoing includes the

raising and cutting of fuel wood, pulp wood, lumber, Christmas

trees and other forest products.

2.44 GARAGE, PRIVATE or CARPORT, shall mean a building or portion of a

building designed for the storage of private passenger motor

vehicles wherein no services for profit are .rendered. Where such

structure is attached to the main building, it shall be deemed to

be pa.rt of the main building and not an accessory building,

2,45 GARAGE, PUBLIC, shall have the meaning attributed to it in the

definition, of AUTOMOBILE SERVICE STATION.

2.46 GAS BAR, shall mean a lot containing gasoline, diesel fuel or

propane dispensing devices and a structure used for the sale of

fuel and lubricants foe vehicles.

2.47

2.48

GrtAOE, shall mean the average level of finished ground adjoining

a building at all exterior walls.

GROUP HOME, shall mean a single housekeeping unit in a residen­

ti,al dwelling in which three to five persons (excluding su?er­

v isory staff or the receiving family) live as a family under

responsible supervision consistent with the particular require­

ments of its residents and is licensed by the Province of

Ontario. A Group Heme shall be one of the following types:

"Approved Homes" as defined by the Mental Hospitals Act;

"'Homes for Spec ia 1 Care - Res iden tia 1" as defined by the

Homes for Special care Act.

,.Supportive Housing programs: Adult Community Mental Health

Program" as defined by the Ministry of Health Act.

"Children's Residences" as defined by the

Children's Residential Services Act.

"Accommodation Services _For The De•.relopmental ly Handicapped" as

defined by the Home for Retarded Persons Act and the

Development Services Act.

"Satellite Residences for Seniors"

Home for the Aged and Rest Homes Act.

7

as defined by the

2. 49

"Halfway Houses Far The Socially Disadvantaged" as defined by the

Charitable Institutions Act.

HAZARD LAND, shall mean land which exhibits, or potentially

exhibits, a hazardous condition as a result of its susceptibility

to flooding, erosion, subsidence, inundation, or the presence of

organic soils or stee:;i slopes, oc whe::e, by reasons of its l.ow

lying marshy or unstable character, the cost cf construction of

satisfactory waterworks, sewage or d::ainage facilities is

prohibi ti,,e.

2.SiJ ~- when used with reference to a building or structure shall

mean the vertical distance between the horizontal plane through

the established grade and a horizontal plane thi:::ough.:

2. 51

2. 52

al the highest point of the roof assembly in the case of a

building wit:1 a flat or deck roof;

b) the a'Jer::age level of a one slope roof, provided that a roof

having a slope of less than 20 degrees wit:l. the horizontal

shall be considered a flat roof:

c) t::le deck r::oof line, in the case of a mansard roof;

d) the ave!"age level between ea•Jes and ridges in the case of a

roof 'type not mentioned in s:.ibsections aj, b) and c)

irnmedia tely preceding.

HIGHWAY, shall have the meaning attributed to it in the

definition of Street.

HOME INDUSTRY, shall mean the use of a part of a dwelling unit or

an accessory building to a dwelling unit by at least one of the

permanent_,residents of such dwelling unit and which is clearly

secondary to the main us·e of the dwelling unit. The home

industry uses permitted in the residential areas are: services

conducted by a carpenter, an electrician, a bricklayer a

plasterer, a plumber, a painter or a person who r:e9air::s radios,

televisions and other electronic equipment and electrical

appliances and small electric motors, a live bait supplier and

the manufacture of ice. No open storage or parking of related

vehicles larger than one (1) ton is permitted. A car:per-.ter's

shop for the prefabrication of building components is not in­

cluded in this deEinition.

2.53 HOME OCCUPATION, shall mean the use of a part of a dwelling unit

for an occupation by at least one of the permane:it reside:its of

such. d·Nelling unit and which is clearly secondary to the main use

of the dwelling unit. The home occupation uses permitted in the

residential areas are: dressmaking, taxider:ny, molding,

painting, scul.pting, weaving, printing, book sales, instruction

in arts, crafts, dancing or music and a business office foe an

independent truck.er: but no open storage o:: parking of related

trucks or commercial vehicles larger than one (l) ton is

per::mi tted.

2. 54 HOME PROFESSION, shall mean the use of a part. of a dwelling unit

for a service or profession by at least one of the permanent

8

ILLUSTRATION OF

BUILDING HEIGHT DEFINITION

lr-------,, ----;;;--I

FRONT H

L __ _ SiOE ~-- ~--RIDGE

1/2j2__ ' EAVE

H FRONT SIDE

RIDGE 1/2 1 /2Jl_

""-r------,--""

H FRONT SiDE

RIDGE

EAVE

SIDE

.__ __ FR_O_N_T __ R~CCC OCC1:· ~--E_.~ VE-

SiDE

RIDGE

1 /2 ([,

1/2~ EAVE

H FRONT SiDE

H - HEIGHT OF BUILDING

I

FLAT ROOF

GABLE ROOF

HIP ROOF

GAMBREL ROOF

MANSARD ROOF

ONE SLOPE ROOF

NOT2 The above illustration Is for clarification and convenience only and does not form part of this By-law.

resident:s of such dwelling unit and which is clearly secondary to

the main use of the dwelling uni:::. The home profess ions

per:nitted in the residential areas are: legal, medi.cal,

surveying, engineering, architectural, accounting, dental,

optometry, chiropractic, shoe and leather.- woc'.-;:ing and re?airs,

real estate, bGokkeeping and photography ser 1rices ar.d computer

sales and ser?ices.

2.55 ~, shall mean any hotel, tavern, inn, lounge, or public house

in one main building or in two or more buildings used mainly far

the purposes of catei:ing to the needs of the travelling public by

supplying food and furnishing sleeping ac~ommodation cf not less

than six (6) guest rooms and shall include all buildings liable

to be licensed under The Liquor Licence Act, R.s.o., 1980 and

operating under The Tourist Act, R.S.O., 1980, as re7ised or

amended from time to time.

2.56

2.57

2.58

INDUSTRIAL USE, shall mean the use of land, buildings or

structures primarily for manufacturir,g, processing of goods or

raw materials, warehousing and bulk stor::age of goods and repaic

and serviCing of goods including tr::ansportaticn terminals but

excluding retail sale on the premises.

INSTITUTIONAL USE, shall mean the use of land, buildings or other:

structures for some public or social purposes and rnay include

govern,"11e:1tal, religious, educational, c:1aritable, philanthropic,

hospital or other similar uses.

KENNEL, ANIMAL, shall mean any lot, building or structure on or

within which four (4) or more domesticated animals more than four

{4) months of age are housed, groomed, bred, boarded, trained or

sold and which may offer provisions for minor medical treatment

but does not include a veterinary clinic or animal hospital.

2 .59 ~• shall mean a public ,thoroughfare or way, not more than nine

{9) metres wide, which affords only a secondary means of access

to abutting lots.

2. 60

2,61

2.62

2,63

LANDSCAPED AREA, shall mean an area not built upon and not used

for: any purpose other than as a landscaped area which may include

grass, shrubs, flowers, trees and similar types of vegetation and

ap9urtenances, but does not include parking areas, parking lots,

driveways or ramps.

LOADING SPACE, shall mean a space or bay located on a lot which

is used or intended to be used for the temporary parking of any

commercial vehicle while loading or unloading goods, merchandise

or materials used in connection with the main use of the lot or

any building thereon and which has unobstructed access to a

street or lane.

LOT, shall mean a pai:cel or tract of land which is capable of

being legally conveyed in accordance with the Planning Act, 1983,

as amended or ;:evised' from time to time.

LOT AREA shall be the total horizontal area within the lot lines

of a lot.

9

ILLUSTRATION OF

LOT DEFINITIONS

LOT DEPTH Front end rear lot

lines ore not pcrcllei

Mid-p.aint of .... ::----......

>... j--Mid-point of / A "-. i front !ct line

" --------' 1 'LM1d-pcint of

rear lot line

front lat line 1/~ ~~?~istcnce specified

Apex of triangle formed by the side lot !ines

Mid-point of front

1 lot line

~-I "'--<'--:d~~at8~i:~aw

LOT DEPTH Lot frontage measured on a line perpendicular to the line joining the mid-point front let line ta apex of triangle formed by the side lot line

LOT FRONTAGE No rear lot line

~--Ir -;-----'--[

1HROUGH LOT 1

No rear lot line

Front Lat Une

Q( Lot Depth ::I !

Rear Lot line 11 lot frontage measured on line perpendicular to line joining mid-points of front and rear lot lines

INTERIOR INTERIOR ! I LOT LOT I LOT DEPTH

7) Front end rear lot Front !at line

Side lot line

1 CORNER CORNER 1/' / lines ore parcile!

fil_~--- L~(C'o1:

Mid-point of rear lot line

specified in By-!aw

LOT FRONTAGE Lot lines are not parallel

LOT CORNER Corner rat. straight sides

.-----JI Maximum 0 135" '

Corner--1 ~

~ 'vc:;

'~

\ Lot frontage"""'"'-..\

Tangents to street lines drawn through extremities of interior lot line

LOT CORNER Corner tot. curved sides

NOTE: The above tt!ustration is for clarification and convenience only and daes not form part of this By-law.

Front lot line

Side lot line

2.64 LOT, CDRNErt, shall mean a lot situated at the intersection of, or

abut.ting upon, two or more streets, provided that the angle of

intersection of such streets is not more than 135 degrees and

each of which is a:: least ten (10) metres wide; whe!.'"e such

adjacent sides are curved, the angle of inte!.'"section of the

adjace:1t sides shall be deemed to be the angl.e formed by the

intersection of the tangents to the street lines, drawn through

the extremities of the interior lot lines.

2-65 LDT DEPTH, shall mean the horizontal dtstance between the

mid?oints of the front and rear lot lines. Where there is no

rear lot line, lot depth means the horizontal distance between

the midpoint. of the front lot line and the apex of the triangle

formed by the side lot lines.

2.66 LDT FRONTAGE, shall mean the horizontal distance between the side

lot lines of a lot measured at right angles, but where such lot

lines are not parallel, the lot frontage shall be measured

perpendicularly to the line joining the midpoint of the front and

the midpoint of the rear lot lines at a point seven and one-half

(7.5) metres back from the front lot line. Where side lot lines

meet, the lot frontage shall be measured perpendicularly to the

line joining the apex of the triangle formed by the side lot

lines and the mid-point of the front lot line at a point seven

and one-half (7.5) metres back from the front lot line. Where

lot lines are curved, the lot frontage shall be measured along

the line between the interior side lot line and the intersection

of the tangents to the street lines, drawn through the

extremities of the front lot line and exterior side lot line.

2.67 LOT, INTERIOR, shall mean a lot other than a corner lot which is

situated between adjacent lots and has access to one streei:.

2.68 LOT LINES, shal 1 mean the boundary lines of a lot defined as

follows:

a) Front Lot Line shall mean:

in the case of an intedor lot, the lot line dividing the

lot Eram the street;

in the case of a cocner lot, the shorter lot line abutting

the street unless each lot line is of equal length in

which case the front lot line shall be the lot line where

the principal access to the lot is provided;

in the case of a through lot, the front lot line shall be

the lot line where the principal access to the lot is

provided;

in the case of a lot fronting on a n~vigable waterway,

whether access is gained to the lot from a public street

or not, the front lot line shall be the lot line closest

to or adjacent to the navigable waterway. such line shall

be determined by joining the points of intersection of the

side lot lines and the highwater mark or original

shoreline reserve.

l()

b) Rear Lot Line shall mean the lot li:i.e farthest from and

opposite to the franc lot line.

c) Side Lot Line shall mean a lot line othe.:: than a front or

reai= lot line.

2. 69 LOT, TE.ROUGH, s'nal l mean a lot bounded on two op;;osi te sides by

streets each of which is at least ten (10) metres wide, provided,

howe?er, that if any lot qualifies as being botl', a cor:-ie.:: lot and

a through lot, such lot shall be conclusively de1=med to be a

corner lot.

2.70

2.71

2.72

MAIN BUILDING, shall mean the building or structure in which is

conducted the principal use for which the lot is used.

MAIN WP..LL, shall mean the exterior front, side or rear wall of a

building and all structural members essential to the support of a

fully enclosed s9ace or roof.

MOBILE HOME, shall tl!ean a building or structure 18.0 metres in

length or longer, with floor area in excess of 65.0 square

metres, but not greater than 98.0 square metres and is designed

to be made mobile, either on its own wheels, on a flatbed, in or

on other trailers or on detachable wheels and that is constructed

or manufactured to provide a permanent residence or dweLling for

one or more persons, but does not include a travel t::ailer or

tent trailer or trailer otherwise designed.

2. 73 MODULAR HOME, DOUBLE WIDE OR TWIN-WIDE, shall mean a home that

has been transsiorted to the site and the two hal•Ies of the unit

have been joined and placed on a permanent foundation, such as a

poured concrete or mortared concrete block foundation.

2.74 MOBILE HOME PARK, shall mean a lot or part of a lot which is

designed, used or intended for use for the placement of mobile

homes and which consists of a group of not less than ten (10)

mobile home sites which are connected to public water supply and

public sanitary sewer, or communal on-site water supply and

sanitary sewage facilities and shall include any building,

structure or use permitted thereon by this By-law.

2.75 MOBILE HOME SITE, shall mean a parcel of land wit!i.in a mobile

home park which is serviced and intended for the placement of one

mobile home.

2,76 MOBILE HOME SUBDIVISION, shall mean a parcel of land which has

been planned and approved in accordance with Section SO of

the Plannina Act, 1983 for the placement of mobile homes and

which consists of individually serviced lots and shall include

any building, structure or use per:nitted thereon by this By-law.

2.77 ~OTEL, shall mean one building, or two (2) or more detached

buildings for the purpose of catering to the needs of the

travelling public by furnishing sleeping accommodation with or

without supplying food and shall include a motor court, auto

court and all buildings liable to be licensed under the

Liquor Licence Act, R.S.O., 1980 and/or operating under the

Tourist Act, R.S.O., 1980 as amended or revised from time to

time.

2.78 MUNICIPALITY, shall mean The Cor:_:)oration of t:Je Townshi9 of

Manitouwadge.

2-79 NON-COMPLYING, shall mean a use, building, or structure which is

existing but does not meet:, ccmply or agree with the :egulations

of t:lis By-law, but is a permitteC. use, building or structure

within the zone in which it is located.

2.so NON-CONFO.R!-1.ING, shall mean a use, building or structure which is

existing but whic~ is not permitted in the zone in whic~ it is

located.

2.81

2.82

NON-RESIDENTIAL, when used with reference to a building,

structure or use, shall mean designed, intended or used for

purposes other than those of a dwelling.

OPEN STORAGE, shall mean the storage of goods, merchandise or

equipment in the open ait: and in unenclosed portions of buildings

which are open to the air: on one or more sides.

2.83 PARK, PUBLIC, shall mean a park contr:olled or owned by the

Municipality or a public authority and which is normally open to

the public·.

2.84 PARKING LOT, or PARKING AREA, shall mean an area for the parking

of vehicles and may include aisles, parking spaces and related

entrance and exit lanes, but shall not include any part of a

street.

2.3s

2.86

2.87

PARKING SPACE, shall mean an area three (3) metres by six (6)

metres enclosed in a building, or unenclosed and set aside for

the te.:nporary storage of a ·vehicle.

PERMITTED, shall mean permitted by this By-law.

~• shall include an individual, an association, a firm, a

partnership or a corporation.

2.88 PIT, shall mean a place where unconsolidated gravel, stone, sand,

earth, clay, fill, mineral or other material is being or has been

removed by means of an open excavation and includes the

processing thereof for commercial purposes including screening,

sorting, washing, crushing and other similar operations, together

with required buildings and structures~

2.89 PUBLIC AUTHORITY, shall mean any F-:deral or Provincial agency,

school board, public utility commission, transportation commis­

sion, public library board, board of parks management, board of

health, board of commissioners of police, Ontario Hydro, or other

board or commission or c::Jmmittee or local authority established

or exercising any power or authority under any general or special

statute of Ontario with respect to any of the affairs or purposes

of the Municipality or any portion thereof and includes any

committee or local authority established by By-law of the Munici­

pal.ity.

12

2.90 PUBLIC SERVICES, shall mean the buildings, structures and. other

related works necessary for supplying water, gas, oil,

elect:icity, steam, hot wate::, telephone ser'l ices,

telecommunication se.r'1ices, sewage collection and treatment

facilities and other services provided by a public authority.

2,91 QUARRY, shall mean a place where consolidated tock has been or is

being removed by means of an open excavation and includes the

processing thereof for commercial purposes including screening,

sorting, washing, c::ushing and ether similar operations, required

buildings and structures.

2.92 RESIDENTIAL USZ, shall mean the use of a building or stt'JCture or

part thereof as a dwelling.

2.93 RESIDE)'.!TIAL US2., RECREATIONAL, shall mean a dwelling which is

used for intermittent residential occupancy for the enjoyment of

the sur::ounding natural environment and such dwelling shall be a

single detached dwelling that is not used for continuous

habitation or as a permanent residence.

2.94 RETAIL OR SERVICE STORE, shall mean a building oc part of a

building where goods, wares, merchandise, a~ticles or things are

offered or kept for sale at retail and includes storage on or

about the Store premises.

2.95 RIGHT-OF-WAY, or EASEMENT, shall mean any right, liberty or

privilege in, over, along or under land which a person may have

with respect to any land in the Municipality.

2.96 ~• shall have the meaning attributed to it in the definition

of~.

2.97 SEAPLANE BASE, shall mean the use of land, buildings or

structures for the purposes of docking, storing or repairing

seaplanes and for the sup9lying of associated services.

2.98 SET3ACK, shall mean the horizontal distance between the nearest

p~rt of any main wall of any building or structure and the centre

line cf a street allowance measured at right angles to such

centre line.

2,99 SETBACK FROM WATER, shall mean the horizontal distance between

the normal or controlled high water mark of any na'ligable

waterway and the nearest part of any main wall of any building or

struc':.ure.

2. 100

2. 101

SHOPPING CENTRE, shall mean a building or group of buildings

planned, designed, de'leloped or managed as a unit, having off­

street parking provided on the same lot, and which building or

buildings contain one or more retail stores, services and

offices.

~• shall mean t:'lat portion of a building:

a) which is situated between the surface of any floor and the

surface of the floor ne:<t above it and if there i5 no floor

13

2 .102

2-103

2.104

2. 105

2 .106

2,107

2.108

2.109

2. 110

2.111

above it, that portion between the surface of any flooc and

the ceiling above it, and

b} which is more than 50% above the average finished grade, and

C) which has a height of not less than t·;10 (? \ metres and

includes an attic having not less than two 121 metres

headroom for at least 50% of the attic floor: area.

STOREY, FIRST, shall mean the lowest storey of a building where

the ceiling is at least one and one half (l.5} metres above

finished grade.

STREET, HIGHWAY OR ROAD, shall mean a street, road or highway

under the jurisdiction of the Municipality or the Province of

Ontario but shall not include a lane oc private right-of-way.

STREET LINE, shall mean the boundary between a street, coad or:

highway and a lot.

STRUC'l'URE, shall mean anything that is erected, built oc

constructed of parts joined together and which is fixed to or

sup9orted by the soil but not a terrace, patio, sign, boundary

wall or: fence.

TAVER.l\J, shall mean a building where alcoholic beverages ar:e sold

to be consumed on the premises and shall include all such

buildings operating cc liable to be licensed under

the Liquor: Licence Act, R.S.O., 1980, as amended or re•J'ised from

time to time.

TOURIST COMMERCIAL, shall mean a use or: establishment which

provides goods, lodging or meals to the vacationing public.

TRAILER, shall mean a vehicle so constructed that it is suitable

for being attached to a motor vehicle foe the purpose of being

drawn or propelled by the motoc vehicle and capable of being used

for temporary living, sleeping or eating accommodation of

persons, notwithstanding that such vehicle is jacked up oc that

i.ts running gear is cemoved. This definition shall not include a

mobile home as defined herein.

USE, when used as a noun, shall mean the purpose for: which any

land, building or structure is designed, used or intended to be

used.

USE, CONTINUOUS, in the context of Section 4.8, NON-CmffORMING

USES, shall mean the continuous use of any lot, building or

structure notwithstanding a change of ownership of the property

where the use is located. Use shall further be deemed to be

continuous if, after having ceased, the same use recommences

within a period of six months from the date of cessation, and/or:

if a structure is destroyed oc damaged, it is rebuilt or: repaired

for the same use within a period of one yeac from the date of its

destruction or damage.

VEHICLE, includes a motor vehicle, trailer, traction engine, farm

tractor, coad-building machine, motorized snow vehicle and any

14

2.112

2.113

2 .114

vehicle drawn, propelled or driven by any kind of power,

WATERF~ONTAGZ, means tje boundary of a lot directly abutting an

original shoreline rese:ve or a front lot line as defined by

section 2.68 a) ("navigable waterway"}.

WAYSIDE PIT OR QUARRY, shall mean a temporary, open exczn,ation

made foe the ::emoval of sail, earth, clay, silt, sand, gravel er

consolidated rock, open and used by a public road authority or

forest products company operating unde:: the authority o'.: the

Ministry of Natural Resources solely for the purpose of road

construction.

~, shall mean an open space on the same lot with a main

building or structure, unoccupied and unobstructed from the

ground to the sky except as otherwise permitted by this By-law.

In detecmining yard measurements the minimum horizontal distance

between the main building or structure and the respective lot

lines measured per~endicular from the lot line shall be used.

a) Front yard shall mean a yard extending across t~e full width

of a lot between the front lot line and the nearest main wall

of the main building or structure on the lot;

b) Rea::- Yard shall mean a yard extending across the full width

of a lot between the rear lot line and the main building or

structure on the lot;

c) Side Yard shall mean a yard between the side wall of the main

building or structure on the lot and the side lot line and

extending from the front yard to the rear yard.

15

rLLUSTRATION OF

YARD - --- DEFINITIONS

I I

I I

I I

I I

I I

I I

I I

I I

I I

I I

I I

I I

I I

I

___ L~-- ------ S'Ill!l:TI.MORl'l'tOlfTUJTU!C ___ _j __ _ -~=

NOTE; The above mustration is for clarification end convenience only and does not form pert of this By-law.

SECTION 3 - ZONES Ai.'ID ZONING MAP

3.1 ESTAELISH.'1ENT OF ZONES

For the purposes of this By-law, the maps hereto annexed as

Schedules "A" and "B'' shall be referred to as the 11 Zoning Maps"

for the Township of Manitouwadge and the said zoning maps shall

be divided into the following zones:

ZOffE

Residential Zone

Residential Zone 2

Mobile Home Residential Zone 3

Seasonal Residential Zone

C-o:neral Commercial Zone

Highway Commercial Zone

Wacerfront Cornmer:-cial Zone

Industrial - Service

Indust::ial Airport

Industrial - Extractive and Forestry

Institutional Zone

Open Space - Recreational Zone

Open Space - Lakefront Zone

Hazard land Zone

Rural Zone

Rl

R2 R3 R4

Cl C2 C3

Ml M2 M:J I

01

02 HL

RU

3.2 USE OF ZONE SYMBOLS

The symbols listed in Section J.l shall be used to refer: to land,

buildings and structures and the uses thereof permitted by this

By-la~,.. in the said zones and wherever in this By-law the word 11 Zone" is used, preceded by any of the said symbols, such zones

shall mean any area within the Township of Manitouwadge

delineated on the zoning maps and designated thereon by the said

symbol.

3. 3 INTERP:s.ETATION OF ZONE BOUNDP..RIES

3. 3.1

3.3.2

3.3.3

Where any U.'1certainty exists as to the location of the bou..1.dary

of any of the said zones as shown on the zoning maps, the

following shall apply:

unless otherwise shown, the bou..'l.daries of the zones as shown on

the zoning maps are the centrelines of the road allowance or lot

lines and the projection thereof;

where zone boundaries are indicated as approximately following

lot lines show--n on a registered plan of subdivision, such lot

lines shall be deemed to be the said boundary;

where zone boundaries are indicated as approximately parallel to

the line of any street and the distance from such street is not

indicated, such zone boundaries shall be construed as being

parallel to such street and the distance therefrom shall be

detemined by the use of the scale shown on the zoning maps;

l 6

3. 3.4

3.3.5

3.3.6

3.3. 7

unless otherwise indicated, a street, lane, railroad or railway

right-of-way or watercourse included on the zoning map, is

included w-i thin the zone of the adjoining property on either side

thereof; and where such street, lane, right-of-way or watercourse

serves as a boundary bet.wee:t two or more different zones, a line

midway in such street, lane, right-of-way or watercourse and

extending in the general direction of the long di•J'ision thereof

is considered the boundary between zones unless specifically

indicated otherw"ise;

in the event a dedicated street, lane, or right-of-way shown on

the map is closed, the property formerly in said street, lane, or

right-of-way, shall be included within the zone of the adjoining

property on either side of the said closed street, lane, right.­

of-way and the zone boundary shall be the former centreline of

the closed street, lane or right-of-way;

where any zone boundary is left uncertain after application of

the preceding provisions, then the boundary 1 ine shall be

determined according to the scale on the zoning maps in the

office. of the Chief Building Official;

wherever it occurs, the municipal li:n.it of the Tor,;nship of

Manitouwadge is the boundary of the zone adjacent to it.

1 7

SECTION 4 - GENERAL PROVISIONS

4. 1 APPLICATION

The provisions of this section ap-ply in all zones except as may

be indicated otherwise.

4.2 STREET FRONTAGE REQUIRED

No person shall erect any building or structure unless the lot

upon which such building or structure is to be erected, except as

otJ.er~~se specifically per.nitted in this By-law, has lot front.age

upon a street which has beerr assumed by the

Province of Ontario or some otber road

municipality, the

authority and is

maintained by such authority in such a manner so as to permit its

use by vehicular traffic, provided t'nat a building or structure

may be erected upon a lot within a registered plan of subdivision

in accordance w-'ith the provisions of a subdivision agreement in

respect of suc.h plan of subdivision notwithstanding that the

streets within such plan of subdivision ha,,e not been assumed and

are not being maintained by the municipality.

Notwithstanding anything to the contrary in this clause,

Open Space (01) Zone uses and hunting and fishing camps are

permitted witere public road frontage is not available, provided

the lot has navigable water access. Focestry and mining

operations and processing plants are exempted from the

requirements of this clause.

4.3 SERVICES REQUIRED

No person shall erect or use any building or structure u.'1less the

requirements of the Ministry of the Environment are met for the

supply of potable water and the collection and treatment of

sanitary sewage and other wastes.

4. 4 STRUCTURES IN WATER

No person shall erect:, alter or use any structure located in a

navigable water course except in compliance with the Beds of

Navigable_Waters Act, R.s.o., 1980, the

1·akes and Rivers Improvement Act, R.S.O., 1980 and the

N.:nrigable Waters Act, or as revised or amended from time to time.

4.5 YARD AND OPEN SPACE PROVISION FOR ALL ZONES

No part of a yard or other open space required abutting any

building for the purpose of com.plying with the provisions of this

By-law shall be included as part of a yard or other open space

similarly required for another building.

4.6 TEMPORARY CONSTRUCTION USES

The temporary use of buildings and structures incidental and

necessary for lawful construction work will be permitted in all

zones, but only for so long as the same are necessary for

construction work.

18

4. 7 NON-COMPLIANCE WITII MI::-rIML11 LOT OR YARD REQUIREMENTS

Where an existing building is located on a lot having less than

the minimum frontage or area required by this By-law, or having

less than the minimum setback, front yard, side yard, or rear

yard required by this By-law, the said building may be enlarged,

reconstructed, repaired or renovated provided that:

a) the enlargement, rec.onstruction, repair or renovation does

not further reduce a setback, front yard, side yard, or rear

yard. having less than the minimum required by this By-law,

and

b) all othei: applicable pro'.risions of this By-law are complied with.

4.8 NON-CONFORMING USES

The provisions of this By-law shall not apply to pee.vent the use

of any lot, buildin.g: or structure foi: any purpose prohibited by

this By-law if suc.h lot, building or structui:e was lat,rfully used

for such purpose on the date of final passing of this By-law,

providing such use has been continuous since that date,

NOR

to prevent. the erection or use for the purpose prohibited by this

By-law of any building oi: structure, the plans for which have,

prior to the date of the passing of the By-law, been approved by

the Chief Building Official, so long as the building oi: structure

when erected is used and continues to be used for the purpose for

which it was erected and provided the erection of such building

or structure is commenced within one year af-::.er the date of the

passing of the By-law and such building or structure is completed

forthwith after the erection thereof is c.ommeuced.,

4.9 EXISTING LOTS

4. 10

An existing vac.ant lot having less than the minimum frontage,

depth or ai:ea required by this By-law may be developed for all

uses in the appropriate zone provided all other regulations of

this By-law ai:e satisfied; and:

a) suc.h lots are service.d by public. water supply and public

sanitary sewer disposal facilities or alternatively meet the

requirements of the authority having jurisdiction;

b) such lots have a minimum frontage of 12 metres on a road or

street.

PERMITTED ENCROACfilfENTS IN YARDS

Every pai:t of any yard required by this By-law shall be open and

unobstructed by any structure, other than· a fence, from the

ground to the sky, provided how--ever that those structures listed

in the following table shall be permitted to project into the

yards indicated for the distances specified:

19

4.ll

4.12

Sills, belt courses,

cornices, eaves, gutte::s,

chim:-1e:,rs or pilas-.:e:-s

Fire esca~es a~d

exterior stai::~~ses

Window bays

Balconies

Open, roofed porches not exceeding one storey

in heig·::t; covered

terraces

PERMITTED Pl~LIC USES

Yard in which

Prnj ect ion is

Pe:-mitted

Max. p:-ojection

fr om Main Wall

Permitted

Any yard

Rear yard only

Front and rear

yards only

Front and rear

yards only for

single detached,

semi-detached

and duplex dwel­

lings; any yard

for a!?artment

buildings

Front and

rear yards

0.5 metre

1. 5 metres

LO metre

2.0 met.res

2.5 metres,

including

eaves and

cornices

Notwithstanding anything else in this By-law, 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 the purpose of

public service by the Province of Ontario, the Corporation of the

Township of Manitouwadge, Ontario Hydro, utility companies, or by

any local Board thereof as defined by

the Municipal Affairs Act, R.s.o., 1980, or as revised o.r amended

from time to time, provided that:

a) the lot coverage, setback and yard requirements presc::ibed

for the zone in which such land, building or structure is

located are complied with, except electric power facilities

(such as poles, towers, lines and similar elements);

b) no goods, material, or equipment are stored in the open in a

residential zone, or within 60.0 metres of a residential

zone;

c) any building erected in a residential zone under the

authority of this paragraph is designed and maintained in

general harmony with residential buildings of the type

permitted in the said residential zone;

d) any parking and loading regulations are complied with.

MOE ILE H01".ES

Mobil.e homes sh.J.ll. onl..y be per:nit!::ed where sp~cifica!.ly listed as per.nitted wit.bin a par""._icular zone.

4. 13

4.14

4 .15

4.16

4.17

TRUCK, BUS AND COACH BODIES OR TRAILERS OR TENTS USED FOR HUMAN HABITATION

a) Except as expressly per:n:itted by this By-law, no truck, bus,

railroad car, caboose, coach or streetcar body shall be used for human habit:a.tion whether the same is mouuced on wheels

or not.

b) Except as e.:tpressly permitted by this By-law, the use of

tents and trailers for human habitation is pr:ohibited

pcovided, however, that this provision shall not prevent the

use of tents or trailers for children's play or for picnics or for the oc.::.asional accommodation (not exceeding t•;;o (2)

weeks) of guests in any residential zone.

OCCUP&\ICY OF PARTIALLY COMPLETED BUILDINGS

No new building, except in the case of an apart;nent building,

shall be occupied before the main side walls and roof have been 1~;7,-,.i.:ts:!d and the extet:"nal siding and roofing have been completed ~ud sanitary conveniences installed, and, where applicable,

kitchen and heating facilities have been installed.

Any dwelling unit in an apartment

provided - that al 1 of the above

building may be occupied conditions are satisfied

notwithstanding the fact that one or more of the dwelling units have not been completed.

PROHIBITED USES

It shal 1 be prohibited to use any land or to erect and use any building or other structure in any zone for the purposes of

w--reck.ing yards, automobile storage yards, a waste disposal site

or processing facility, a pit or quarry, the collection or rags,

junk, refuse, or scrap metals unless such uses are specifically listed as permitted uses within that particular zone.

Dk~G'EROUS USES

No land, building or structure shal 1 be used in the Township of Manitouwadge for the industrial manufacture or distribution of

coal oil, rock oil, fuel oil, burning fluid gas, naphtha, benzene, gasoline, dynamite, dualene, nitroglycerine, gunpowder, petroleum products or other combustible or inflammable or liquid material which is likely t,) c.reate danger to heal th, or danger

from fire or explosion except as otherwise specifically provided

for in this By-law.

OBNOXIOUS USES

Nothing in this By-law shall be construed to perm.it the use of

land for the erection or use ·of a building or structure for any

purpose;

a) that is or is likely to become a nuisance or offensive:

i) by the creation of noise or vibrations; or

21

4.18

4.19

4.20

4. 21

4.22

ii) by reason of the emission of gas, fumes, dust oc objectionable odour; or

iii) by reason of the unsightly storage of goods, wares,

merchandise, salvage, refuse matter or other such

material.

b) which, by its nature or by the materials used therein, is

declared under the Public Health Act, R .. S.O .. , 1980, as

amended o-r revised or any regulations thereunder to be a

noxious or offe~sive trade, busi~ess or manufacture.

LA.1.\fD WITHOUT BUILDINGS

Wbere land is used for or in connection wi.th any use but wi.thout

any buildings or structures thereon, all yards requir,:,.d by the By-law on a lot in the respective use zone shall be prnvided and

maintained as yards and the applicable regulations shall apply, except wi'l.ere the land or lot is used for gardening or open space

purposes not prohibited by this By-law in such use zone.

COR.'IBR LOT SIGHT RESTRIC~IONS

Notwithstanding any ot"her provisions of this By-law, and e..'Ccepc

in a Commercial Zone on a corner lot, within the triangular space

included bet-;;een the streetlines for a distance of 6 metres from

the point of inter-section, no building oc structure, including a

fence or sign, shall· be erected and no shrubs or foliage shall be

planted or maintained whicb obstruct the vie1,1 of a driver of a vehicle approaching the intersection.

SETBACRS ON ALL ROADS

Notwithstanding any other provisions of this By-law, a building

or structure in any zone on a public road allowance which is less

than 20 metres wide, shall be set back 10 metres plus the

required minimum front yard for that zone measured from the centreline of the road allowa.nce.

SETBACK FROM NON-NAVIGABLE WATERCOURSES, HAZARD LA.c'IDS AND MUNICIPAL SURFACE DRAINS

Notwithstanding any other provisions of this By-law-, a building

in any zone is required to be no nearer than 7 .5 metres from the

top of the bank of any w-atercourse, or municipal drainage ditch,

per:nanent or intermittent, which is not navigable.. In the case

of hazard lands, no part of any building shall be constructed

closer than 7.5 metres to the nearest point of the area to which

the hazardous condition is deemed to exist.

BUFFER STRIPS

a) A buffer strip shall be used for no other purpose than for

the e!:ection of a fence or the planting of a continuous row

of natural evergreens o-c natural shrubs, immediately

adjacent to the lot line or pan.ion thereof along which such

buffer strip is required hereunder; the remainder of the

22

4.23

4. 24

st-rip shall be landscaped and planted with ornamental

shrubs. flowering shrubs, flower beds or a combination thereof.

b) Where a buffer strip is required in any zone, it shall be of

a mini:n.um width as specified in the regulations for that

zone.

c) A buffer strip shall be located within the zone for which it

is required.

d) A buf:er strip may foni part of any required landscaped open

space, but shall be provided in addition to any required

yard.

HEIGHT

The height regulations shall not apply to any ornamental dorue 1

chimney, communications tower, storage silo, barn, cupola,

steeple, church spire, water st::orage tank, elevator enclosure,

flag pole, television or radio antennae.

HOME OCCUPATIONS, HOME PROFESSIONS, HOME INDUSTRIES

Where a home occupation, home profession or home industry is

pennitted .in a particular zone, it shall:

a) not change the character of the dwelling as a private

residence or create or become a nuisance;

b) have at least one per:nanent resident of the dwelling unit

engaged in the business;

c) not ha,,e :nore than one employee in addition to the permanent

resident engaged in the business;

d) have no a'Cternal display or advertisement, other than a non­

illuminated sign which is a maximtm1 of 0.2 square metres;

e) have no a~ternal storage of materials, containers, finished

products, equipment or associated trucks or commercial

vehicles;

f) not have the home oceupation or home profession oceupy more

than 25% of the floor area of the dwelling unit including in

the floor area any basement area used as living quarters and

any basement area used for home occupation or home

profession;

g) have any and all parts of a home occupation or home

profession use an a lot confined to a dwelling unit on the

lot;

h) be conducted in w-+tole or in part in an accessory building in

tb.e case of a home if'.dust.ry;

i) not exceed more than one home occupat:ian or one home

profession or home industry per dwelling unit or lot.

23

4.25 ACCESSORY USES

4. 26

Accessory uses, buildings or structu:es, are permitted in any

yard, in any zone, subject to the provisions of this By-law for

the particular zone in which said building, structure, or use is

located and provided t:lat no accessory building, struct:.ire or

use:

a} shall be used for human habitation, except whe.ce a

residential use is a specifically permitted accessory use;

b) shall be built closer to the side lot line than the minimum

distance required by this By-law for the main building on

t:le lot;

c) shall be located in the front yard or- the exterior side

yard, in the case of a corner lot;

d) shall be built closer to the street ban the main building

is to that stre>et;

e) shall be built closer than 1.0 metre to any lot line except:

i} that common semi-detached private garages or carports

may be centered in the mutual lot lir,e;

ii) that, where a lot line abuts a lane, an accessory

building or structure may be located not less than 0.5

metre from the said lane.

f} shall exceed 10 percent coverage of the total lot area;

g) shall exceed 4.S metres in height or contain more than one

storey, except that where a dwelling unit is a permitted

accessory use, it shall not exceed 10 metres in height or

contain more than two storeys;

h) shall be built within 2 metres of the main building;

i) shall be considered as an accessory building or structure if

attached to the main building in any way;

j) shall be considered an accessory building or structure if

located completely underground.

COMMERCIAL ACCESSORY USES

Notwithstanding any other provisions of this By-law, where a

commercial use is permitted as an accessory use in an Industrial

Zone, it shall be located within the main building or within 2

metres of the main building, shall not exceed 50 percent of the

t8tal floor area of the main building and shall not exceed a

maximum floor area of 278 square metres.

2 4

4.27 LOADING S?ACES

No person shall erect or use any building or structure in any

C:::,mmercial or Industrial Zone which involves the mO'I>!!ment of

goods, :nerchandis:e or materials unless loading spaces are

pro 0-1ided and maintained in accordance with the following

provisions~

a) one loading space shall be provided for each 278 square

metres or fraction thereof of the total floor area;

b) loading s;iaces shal 1 have di'.!',ertsions not less than 3 metres

by 7. 5 metres;

c) loading spaces shal. l not have less than 4.5 metres of

vertical clearar.ce.

4. 28 STANDARDS FOR LO;..DI~G S?ACES

4.29

Wile.re in this By-law, loading spaces are required or permitted,

t~e following standards shall apply:

a) adequate driveway space to permit the safe maneuvring,

loading and unloading of vehicles on the lot such that they

do not cause an obstruction or a hazardous condition on

adjacent streets or sidewalks;

b) adequate drainage facilities in accordance with requirements

of the municipality;

c) surfacing of loading spaces and approaches shall be surfaced

in accordance with the requirements of the municipality;

d} illu..1tination of loading spaces shall be so arranged as to be

diverted away from any adjacent Residential, Institutional

or Open Space Zone;

e} location of loading spaces to be restricted to the rear yard

where a lot has access at both the front and rear to a

street or road.

P.a.RKDlG RS.QUIREt1ENTS

For e•Iery type of building listed below which is erected,

altered, or enlarged in any zone after the passing of this By­

law, offstreet pa::-king shall be provided and maintained in

accordance with the following provisions:

Ty-;;e of use of Building

single detached dwellings, two

family dwellings, semi-detached

dwellings, duplexes, t::-iplexes,

converted dwellings and

dwelling units located in

ccmmercial buildings, multiple

family, rowhouse 1 townhouse,

apartment dwellings

25

Minimum Parking Required

one and one-quarter (1.25)

parking spaces per dwelling

unit rounded to the next

highest whole number

auditoriums, restaurants,

theatres, arenas, community centres, private clubs and

other places of assembly (except where one or more

0£ these uses are located in a shopping centre)

schools

churches

libraries

hotels, motels arill taverns

boarding house, rooming house and tourist home

industrial uses

retail or service stores

shopping centre

26

where there are fi::ced seats, one parking space for every 5

seats or for every 3 metres of bench space; where there

are no fixed seats, one parking space for each 9 square metres of floor area

devoted to public use

one parking space fot' each teaching staff member, plus

one additional parking space for each 20 square metres of auditorium floor space

one parking space for every 10 seats or 6 metres of bench

space of its maximum seating capacity

a minimum of l O par king spaces or one packing space per 28

square metres of building floor space, whichever is greater

one parking space per rental tmit, plus one additional parking space for: each 9

square metres of floor area

devoted to public uses such as restaurants, taverns and

other eating places assoc­iated w~th motels and staff

houses

one parking space for every 2 rooms rented

one parking space for each 93

square metres of floor: area or for each 5 employees, whichever

is greater

one parking space per 28

square metres of retail floor

area, except that no offstreet parking is required for this

use in a Cl Zone

one offstreet parking space per

25 square metres of rent.able

floor area (except that no off­street parking shall be re­

quired for theatres or cinemas

in a shopping centre)

offices

home occupation, home

profession, home industry

one parking area per 28 square

metres of floor area

one of:strees parking space for

each 28 square metres of floor

area devoted to said use in

addition to the par king re­

quired for the dwelling

4 .30 ST.l!u'"IDARDS FOR PARKING AREAS

4.31

4.32

Where in this By-law parking areas are required or pe::mitteC.:

a) adequate drainage facilities shall be provided and

maintained in accordance wi:.::h the requirements of the

municipali':.y;

b) the parking area and approaches shall be surfaced with

conc:-ete, asphalt, c=ushed stone, gravel, or a combination

thereof with a stable surface treated to pre•,ent t:.1e raising

of dust or loose particles;

c) the lights used for ill:JI11inat:.ion of parking areas shall be

so arranged as to divert the light away from adjacent. lets;

d) parking areas shall be within 90 metres of the location

which it is intended to serve and shall be situated in the

same zone;

e) a strip of land not less than 3 met::es wide lying within the

lot in which the parking area is located and along all

boundaries of said area shall be used for landscaping,

excluding those areas used as ent::¥nces and exits;

f) each parking space shall be 3 metres by 6 metres and shall

be provided with unobstructed access to a street by a

driveway, aisle or lane.

TELEVISION DISH ANTENNAE

Dish antennae shall not be located in the front yard on any lot.

SPECIAL USES PERaITTED

Nothing in this By-law shall prevent the use of land or the use

ar erection of a building or structure for:

a) a scaffold or other temporary building or structure

incidental to construction in progress on premises for which

a building permit has been granted, until such time as the

work has been finished or abandoned;

b) a sign having an area of not more than 4.7 square metres

incidental to constr'...lction in progress on premises for which

a building permit has been granted, until such time as the

work has been finished or abandoned;

cl a st=eet sign or st:eet light or yard light;

27

d)

el

a municipal parking meter;

an authorized traffic sign or signal; or

a public elec~icn list or other proclamation by gove~nmental authority.

SECTION 5 - RESIDENT!AL ZONE l (Rl) REGULATIONS

5 .1 PERHI'!'TED USES

No la:1.d shall be used in t:1e Residential Zone l (?-.l) except for

the following purposes:

a) residential uses serviced by a public water su9ply and a

public sanitary sewer

b) home occupations, home professions, home industries

c) group homes

d) c:isis .residences

e} accessory uses

5 .2 PERHI':'T:SD BUILDINGS AND STRUCTURES

No building or structares shall be used, altered or erected in

the Residential zone 1 (Rl) except the following:

a) one single detached dwelling, one two-family dwe!.ling, one

duple,x dwelling, one semi-detached dwelling or one twin-wide

or: double-wide modular: heme on one lot

b) accessor:y buildings and structures

5 • 3 MINIMUM LOT AREA

a)

bJ

C)

dJ

single detached dwellings

twin-wide or double-wide

modular homes

semi-detached dwellings

duplex and two family

dwellings

5.4 MINIMUM LOT FRONTAGE

S.5

5.6

S.7

a)

bJ

c)

single-family detached

dwellings or twin-wide or

double-wide modular homes

semi-detached dwellings

duplex and two family

dwellings

MA.'< IMUM COVERAGE

MAXIMUM HEIGHT

MINIMUM FLOOR AREA

460 square metres

460 square metres

278 square metres

per dwelling unit

555 square metres

15 met.res

10.s metr:es

per dwelling unit

18 metres

40 percent

2 storeys or 10 metres

65 square met.res

5 • 8

5 .10

MI~IMGM FRON'!' YARD 7. 5 metres

a) No one side yard shall be less than one metre and the

agg::egate of the two side yards shall not be less than 4

metres.

b) No side yard shall be required for a sexi-detached dwelling

along the common vertical wall separating one dwelling unit

f=om an aC.joini.ng dwelling unit.

MINIMUM REAR YARD 9 met:es

Jr)

SECTION 6 - RESIDENTL~L ZONE 2 (R2) REGULATIONS

6.1 PEIL~ITTED USES

No land shal 1 be used in the Residential Zone 2 (R2) except for

the following purposes:

a) residential uses serviced by a public water supply and a

public sanitary sewer

b) ac~essory uses

6.2 PERMITTED BUILDINGS AND STRUCTURES

No building or structures shall be used, altered or erected in

the Residential Zone 2 (R2) except the following:

a) boarding houses, rooming houses, staff houses, tourist

homes, townhouses, rowhouses, triplexes, double duplexes, apartment 1ml ldings

b) accessory buildings and structures

6.3 MINll:11:'11 LOT A.~A

a) triplex or double duplex

b) townhouse or rowhouse dwellings

c)

d)

apartment building

boarding house, rooming

house or tourist home

6.4 MINIMUM. LOT FRONTAGE

6.5

6.6

a)

b)

c)

triplex dwelling

townhouse or rowhouse

dwelling

apartment building,

boarding house, rooming house or tourist home

MAXIMUM COVERAGE

1'f.A.'UMUM HEIGHT

31

230 square metres

per dwelling unit

230 square metres

per dwelling unit

230 square metres per dwelling unit for each of the first four

units and 100 square metres for each additional

dwelling unit

460 square metres

for the first 10 rooms capable

of being occupied and 46 square

metres far each additional

room thereafter

30 metres

30 metres

30 metres

50 percent

3 storeys or 13.5 metres

6 .. 7 MINL\fUM FLOOR AREA

PER DWELLING UNIT

6.8

6.9

6 .10

Type of dwelling unit

a) bachelor

b) bedroom

c) 2 bedroom

d) 3 bedroom

MINIM1.JM FRONT YARD

MINil:1UM SIDE YARD

Minimum floor at:ea

per unit

37 square rnet:·,~s

4 2 square me t:"es

55 square metres

70 square metres

7.5 metres

6 metres or one-half the

height, whichever is greater

No one side yard shal 1 be required. for a townhouse or rowhouse

dwelling between the common vertical wall dividing one dwelling

unit from the adjoining dwelling unit.

MINIMUM REAR YARD

32

9 metres or one-half the

height, whichever is greater

SECTION 7 - MOBILE HQt,1E RESIDENTIAL ZONE 3 (R3) REGULATIONS

7.1 PERMITTED USES

No land shall be used in the Mobile Home Residential Zone 3 (R3)

except for the following purposes:

a) reside:1.tial uses serviced by a public water supply and a

public sanitary sewer

b) home occupations, home indust::ies, home prci.Eessions

cl group homes

d) accesscr:y uses

7.2 PERMITTED BUILDINGS AND STRUCTURES

7.3

7.4

7.5

7-6

7-7

7.8

7.9

7. 10

No building or structures shall be used, altered or erected in

the Mobile Rome Residential Zone 3 (RJ) except the following:

a) one mobile home or one modular dwelling on one lot

b) one accessory storage building and a garage or carport

MINIMU:1 LOT AREA 460 square met::es

MINIMUM LOT FRONTAGE 15 metres

MAXIMUM COVERAGZ 30 percent

l>I •. AXIM.UM HEIGHT 4.5 metres

MINIMUM FLOOR AREA 65 square metres

{max. 98 square metres)

MINIMUM FRONT YARD 6 metres

MIND1UH SIDE YARD

No one side yard shall be less than l metre and the aggregate oE the two side yards shall not be less than 4 metres.

MINIMUX REAR YARD 3 metres

33

SECTION 8 - SEASONAL RESIDENTLU. ZONE (R4) REGlJLATIONS

8. l PER...1'1ITTED USES

No land shall be used in the Seasonal Residential Zone (R4)

except for the following purposes:

a) recreational residential uses

b) accessory uses

8.2 PER.i.'1ITTED BUILDINGS A.i.'ID STRUCTURES

8.3

8.4

8.5

No building or structures shal 1 be used, al te:red or erected in

the Seasonal Residential Zone (R4) except the following:

a) one single detached dwelling on one lot

b) one single detached dw·elling on one lot "where the lot has

waterfrontage only

c) accessory buildings and structures

MINIML11 LOT AREA 0.4 hectares

MINIMUM LOT FRONTAGE 45 metres

MA.~IMUM COVERAGE 15 percent

8.6 MINIMUM SETBACK FROM WATER

8.7

8.8

8.9

8.10

8.11

a) docks, boathouses, pum?­houses and saunas

b) all other cases

MAXIMUM HEIGHT

MINIMUM FLOOR AREA

MINIMUM FRONT YARD

MINIMUM SIDE YARD

a)

b)

in the case of water­frontage only

all other c:ases

MINIMUM REAR YARD

34

nil

30 metres

7.5 metres

37 square metres

10 metres

7. 5 mett:es

10 met-res

7.5 metres

7 .5 metres

SECTION 9 - GENERAL COMMERCIAL (Cl)- REGW'LATIONS

9. l PER..'1ITTED USES

No land shall be used fa the Gmeral Commercial Zone (Cl) except

for the fol lowing purposes:

a) commercial uses served by public water supply and public

sanita:::y sewer

b) residential uses above or behind a permitted commercial use

c) accessory uses

9.2 PSR..'1ITTED BUILDINGS AND STRUCTURES

No building or structures shall be used, altered or erected in

the Ge.ne::al Wmm.ercial Zone ( Cl) e_xcept the followi:ag:

a) retail or ser,;ice store or shop

b) general or professional office

c) bank

d) restaurant

e) hotel, motel

f) club room.

g) private club

h) theatre

i) barber shop, beauty parlor

j) bowling alley

k) billiard or pool room

1) laundry, dry cleaning establishment

m) bake shop, bakery

n) tourist outfi tterr s establishment

o) taxi service establishment

p) undertaking establishment

q) parking lot

r) Brewersr Retail, Liquor Control Board of Cntario outlet

s) transportation terminal

t) bai:: fish operation

35

9.3

9.4

9.5

9 .6

9.7

9.8

9. 9

9.10

9 .11

u) Cwelling above or behind a per~itted commercial use

v) c2.r wash

w) pdnting shop

x) accessory buildings er structures

MINIMUM LOT AREA 90 square metres

MINIMUM LOT FRONTAGZ 5 metres

MAXI.MUM COVERAGE 100 percent

MAXIM!JM HEIGiiT 14 metres

MINIMUM FLOOR AP.EA 80 square metres

MINIMUM FRONT YARD nil

MINIMUM SIDE YARD nil

MINI~M REAR YARD

Whe.::e a commercial zone abuts a residential, institutional or

open space zone, a buffer strip shall be provided along the

abutting lot lines having a minimum width of 2 metres in

compliance with Section 4.22 of this By-law

DWELLING UNITS

a) Minimum floor area

i) bachelor dwelling unit 37 square metres

ii) all other dwelling units 42 square metres

b) pedestrian access to each dwelling unit, other than an

accessory dwelling unit, shall be provided from an adjacent

street or lane and shall be for the sole use of the

occupants of the said dwelling units

c) no commercial building wherein gasoline, petroleum products

or any other highly flammable, toxic or explosive products

are handled in quantity shall have attached dwelling

units. Where such dwelling units exist and the use of the

commercial establishment changes to a use involving the

aforementioned products, the said dwelling units shall cease

to be occupied as dwelling units.

36

SECTION 10 - HIGHWAY C0~-'1ERC:AL (C2) REGDLJ.TIONS

10 .1 PERMITTED USES

NO land shall be used in the Highway Commercial Zone (C2) exce9t

for the following pu::poses:

a) comme::cial uses

b) residential use as an accessory use

c) ac::::e:ssory uses

10 • 2 PE:R..'1.ITTED BUILDINGS A.ND STRUCTURES

No building or st.ruct.ures shall be used, altered or erected in

the Highway Corrunercial Zone (C2) except the following:

a) hotel or motel,

b) tourist cabin or tourist comme::cial establishment

c} travel t::ailer camping park

d) se::•;ice station

e) publi.c garage

f} vehicle fuel establishment

g) animal hos9ital

h) vehicle sales and service

i) restaurant accessory to a service station or hotel or motel

j) transportatior. terminal

k) plumbing or electrical or builder's supply outlet

1) garden centre

mJ dry cleaning establishment

n) bulk sales establishment

o) Brewers' Retail or Liquor Control Beard of Ontario outlet

pl bait fish operation

q} car wash

r) accessory buildings and structures including a dwelling unit

10. 3 MINIMUM LOT AREJl._

a) where both public and

sanitary sewei:: ar:e available

37

1000 square metres

b) where no public water

supply and public sanitary

sewer are available

5000 square metres

10. 4 M::JIMUM LOT FRONTAGE

10. 5

10. 6

a)

b}

where bot~ public water

and sani ta.ry sewer

are available

where no public water

supply and public sanitary

sewer are available

M.n..XIMUM COVERAGE

MAXIMUM HEIGHT

30 metres

60 metres

50 percent

11 metres

10.7 MI~IMUM F~OOR AREA

10. 8

10.9

10 .10

10 .11

10. 12

a)

b)

c)

commercial use

dwelling or dwelling unit

as an accessory use

mobile home

as an accessory use

MINIMUM FRONT YARD

MINIMUM SIDE YARD

MINIMUM REAR YARD

BUFFER STRIP

120 square metres

65 square metres

65 square met.res

7. 5 metres

3 metres

3 metres

Whe.!'."e a commercial zone abuts a residential, institutional or

open space zone, a buffer strip shall be provided along the

abutting lot 1 ines having a minimum width of 2 metres in

compliance with Section 4.22 of this By-law.

SERVICE STATIONS AND PUBLIC GARAGES

Notwithstanding any other provisions of this By-law, where a lot

is used for service station or public garage, the following

regulations shall apply:

Interior Lot Corner Lot

a) Minimum lot frontage 30 metres 45 metres

Minimum lot depth 38 metres 38 metres

b) No portion of any pump island shall be located closer than 6

metres from the streetline of any st.reet

38

10.13

10 .14

c) The minimum distance from the intersectio:i of two

street lines to the nearest ingress or egress ramp shal 1 be

not less than 9 metres

d) The maximum width of a curb ramp at the streetline shall be

not more than 7 metres

e) The minimum distance between ramps shall be not less than 9 metres

f\ Notwithstanding any other prov is ions of this By-law, where a

lot is used for a fuel supply station, the regulations of

the Gasoline Handling Act shall apply.

ACCESSORY DWELLING UNITS

No commercial building wherein gasoline, petroleum products or

any other highly flammable, toxic or explosive products are

handled in quantity shall have attached dwelling units. Where

such dwelling units exist and the use of the commercial

establishment changes to a use involving the aforementioned

pcoducts, the said dwelling units shall cease to be occupied as

dwelling units.

REGULATIONS FOR TRAVEL TRAILER PARK

Regulations related to the establishment and operation of a

travel trailer park shall be as set down by

the Tourism Act, R.s.o .. , 1980, and regulations thereto as amended

or revised from time to time ..

39

S2C'3.'ION ll - WATS:s.FRONT CO!vt.'1.ERCIAL (CJ) REGVLATIONS

11.l PERMITTED USES

No land shall be used in the Waterfront Commercial zone (C3) except for t~e fallowing purposes:

a) C8mmercial uses

b) warehousing

C) accessory uses

11.2 PERMITTED BUILDINGS AND STRUCTURES

11.3

11-4

11.s

11-6

11.7

No building or structures shall be used, altered or erected in

the Water=ront Commercial zone (C3} exce9t t~e following:

a) tourist cabins

b) tourist commercial establishment

c) hotel, motel

d) travel trailer camping park

e) marir.a

f\ warehouse and inside storage

g) airplane hanger

h} float and ski plane deck

i) fuel supply facilities for boat.3 and planes

j) transportation terminal

k) accessory buildings but not including a dwelling unit

MI~IMUM LOT AREA 1000 square metres

MINIMUM Lffi' FRONTAGE 61 metres

MAXIMUM COVERAGE 20 percent

!-1..AXIMUM HEIGHT 12 metres

MINIMUM FLOOR AREA 75 square metres

40

il. 8

11.9

11.10

ll.ll

ll.12

11.13

MINI.MUM FRONT Yl'.RD 7. 5 metres

MINIMUM SIDE YARD 7. 5 metres

MINIMUM REll....R YARD 7.5 metres

BUFFER STRIP

Where the commercial zone abuts a residential, institutional or

open space zone, a buffer strip shall be provided along the

abutting lot lines ha,; ing a minimum width of 2 metres in

ccmpliance with section 4.22 of this By-law.

FUEL SUPPLY FACILITIES

Notwithstanding any other provisions of th.is By-law, where a lot

is used for a fuel supply station, the regulations of the

Gasoline Handling Act shall apply.

REGULATIONS FOR TRAVEL TRAILER PARK

Regulations related to the establishment and operation of a

tra'Jel trailer park shall be as set down by

the Tourism Act, R.s.o., 1980, and regulations thereto as amended

or revised from time to time.

41

S-ECTION 12 - INDUSTRIAL - SERVICE ( Ml) REGULATIONS

12.l PERHITT!:'D USES

No land shall be used in the Industrial - Service zone (Ml)

except for the following purposes:

a) industrial and manufacturing

b) municipal landfill site

c) ac::::essory uses, ictcluding residential and commercial

12.2 tERMITTED BUILD!NGS AND STRUCTURES

No building or structures shall be used, altered or e::ected in

the Industrial - Service Zone {Ml) except the following:

a) light industrial work shop

b) trucking depot

c) equipment sales and service establishment

d) bakery

e) laundry, dry cleaner

fl animal hospital

g) transportation ter:ninal

h) blacksmit.'i. or welder"s shop

i) carpenter or joiner's shop

j) concrete products factory

k) warehouse

1) sawmill

m) fish packing plant

n) bulk fuel establisbrnent

o) machine shop

p) hydro distribution or genera ting station

q) sewage treatment plant, water treatment plant, public works

building

r) ic~ manufacturer

s) contractor's yard

t) open storage and parking

42

12.3

12.4

12. 5

12.6

12. 7

12.8

12. 9

12.10

12.11

12. 12

u) automobile wrecking yard or scr:ap m,:tal yard

v) railroad

w) railway yard

x) asphalt plant

y) accessory commercial

z) communications towe=

aa) accessory uses, including residential for a caretaker, if

the use is located more than 8 kilometres from the centre of

Manitouwad9e

MI:--IIM.UM LCT ARE.i~.

MINT/1C.M LOT FRONTAGE

MAXIMUM COVE~GE

MAXI.MUM HEIGHT

MINIMUM FLOOR AREA

a)

b)

Industrial use

accessory dwelling

or dwelling unit

MINIMUM FRONT YARD

MINIMUM SIDE YARD

MINIMUM REAR YARD

BUFFER STRIP

1850 square metres, plus an

additional 460 square metres

minimum for an accessory single

detac~ed dwelling

30 metres

60 percent

12 metres

140 square metres

65 square metres

7.5 metres

5 metres

5 metres

Where an industrial zone abuts a residential, instit:Jtional or

open space zone, a buffer strip shall be provided along the

abutting lot lines having a minimum width of 2 metres in

compliance with Section 4.22 of this By-law.

AUTOMOBILE WRECKING YARDS AND SCRAP METAL YARDS

Where land is used far the purposes of an automobile wrecking

yard or sc::ap metal yard or similar use, the storage of derelict

automobiles, scrap metal, junk, or similar materials shall not be

carried out in that part of the land designated herein as the

"f.::ont yard", "side yard", or "rear yard" and a natural or

articial screen or buffer shall be provided to obscure the

subject property from the street on which the lands abut and from

any 09posite or adjoining properties to the side or rear of the

subject pro~erty.

43

12.13 ACCESSORY RESIDENTIAL

Notwithstanding anything to the contrary, residential uses are

not pe.::mitted as an accessory use to bulk fuel establishments.

S2C~ION 13 - INDCS1R 7 AL - A.:?.PORT ZCNE (M2) REGULATIONS

13. l P:S.?-I1ITT:S:D USES

13 .2

13.3

13.4

13 .s

13-6

13. 7

13.8

13. 9

13 .10

13 .11

No land s:J.all be used in the Industrial - Airport zone (M2)

exce;it for t!'le followi.:1~ purposes:

a) air;iort

b) transportation terminal

C) aircraft servicing, storage and repairs

d) light indus~rial manufacturing and warei:-.cusing

e) courier depot

f) accessory uses esset,t.ia:.. to the cpe::ation of an airport

PER.MITTED BUILDINGS AND STRUC~URES

No building or stc::uct'J.tes shall be used, altered or erected in

the Industrial - Airport Zone (M2) except the following:

a) aicpoct building

b) terminal building

c) warehouse

d) fuel storage and pumping facilities

e) buildings for other permit::ed uses

f) accessory buildings and structures but not including a

dwelling unit

MINIMUM LOT AREA 1850 square metres

MINIMUM LOT FRONTAGZ 30 metres

M..1\Xl~1UM COVERAGE 60 percent

MINI~UM FLOOR ARE,\ 140 square metres

MAXIMUM HEIGHT 12 metres

MINIMUM FRON':' YARD 7. 5 metres

MINIMUM REAR YARD 5 metres

MINIMUM SIDE YARD 5 metres

FRONTAGE ON A ROAD

Uses in this zone aCe exempt from the requirement of having

frontage an a road or street.

45

SE=ON 14 - INDJSTRIAL - EXIBACTIVE AND FOPESTRY (!13) REGUL!\TIONS

14.1 ==usES

No lard &½al 1 :be used .in the Industrial - Ext...---acti ve and.._ Forestry Zone (M3) except for the fol lowing ptL11JOSes:

a) mining and mineral exploration

b) aggregate removal and forest..,y

c) accessory uses

14. 2 PEP..MI'ITED BUILDINGS AND STRUCTli'IIBS

14.3

14.4

14.5

14.6

14.7

14.8

14.9

14.10

No building or structures sha],.l be used, altered or erected in t.11.e Industrial - Extractive and Forestry Zone (M3) except the follcw:L-:g:

a) sawm.i.11

b)

d) ._,

lTI.LL...:..

e) aggregate conveyors a.'"ld washing and crushirq equipment

f)

g)

h)

weigh scales

deloarking st.--uctures

asphalt plant

i) powder magazine including the manufacturing and storage of explosives on sites at least three (3) ki1ometres from the centre of Manitouwadge.

j) publicly owned landfill site

k) accesso:ry buildi..'1gS and structures

lffiTIMtIM LOI' ARE.A. 2 hecta..>-es

MINIM.t"M WI' FRON"T..l\GE 120 met...."""eS

MAXIML11 COVERAGE 20 pP...rc.ent

Ml'XTilGM HEIGh'T 30 :metres

MINIML"M, FICOR AREA 75 sgµare metres

MINIMUM FRONT YARD 15 metres

MINIMt:11 REAR YARD 15 metres

Mih'JJ1IJM SIDE YARD 15 metres

46

SECTION 15 - INSTITUTIONAL (I) REGULA7IONS

15.l PERMITTED USES

No land shall be used in the Institutional Zone (I) except for

the fol lowing purposes:

a) public services

b) accessory uses

15.2 PERl1IT7ED BUILDINGS AflD STRUCTURES

15.3

15.4

15.5

15. 6

15.7

No building oc structures shall be used, altered or erected in

the Institutional Zone (I) except the following:

a) hospital

b) church or synagogue

c) Municipal or Federal or Provincial offices

d) school

e) day care centre, senior citizens residence.

f) band stand

g) art gallery

h) auditorium

i) library

j) museum

k) cemetery, mausoleum

1) ~ewage pumpLng station

m) water pumping station

n) arena

o) accessory bu.tldi::i.gs and structures

MINIMDM LOT AREA 90 square metres

MINIMUM. LOT FRONTAGE 5 metres

MAXIMUM COVERAGE 100 percent

~.AXIMUM HEIGHT 14 me::res

MINIMUX FLOOR AREA nil

47

15. 8 MINIMUM FRONT YARD nil

15.9 MINIMUM REAR Y~..RD nil

15. 10 MINDfUM SIDE YARD nil

48

SECTION 16 - OPEN SPACE - RECREATIONAL (01) REGULATIONS

16. 1 PERMITTED USES

No land shall be used in the Open Space - Recreation Zone (01)

except for the fol lowing purposes:

a) public and private parks and playgrounds

b) picnic facilities

c) sports fields, tennis courts

d) docks

e) golf courses

f) outdoor natural rinks

16.2 PERi.'1ITTED BUILDINGS AND STRUCTURES

16.3

16.4

16.5

16.6

16- 7

16.8

16.9

16. 10

No building or structures shall be used, altered or erected in

the Open. Space - Recreational Zone ( 0 l) e.-xc.ept the fo 11 owing:

a) buildings and structures associated with parks or

playgrounds

b) golf courses

c) arena

d) curling rink

e) swinnning pool

f) accessory buildings and structures

MINIMTJM LOT AREA nil

MINIMUM LOT FRONTAGE nil

MAXIMlJM COVER.AGE nil

MAXIMUM HEIGHT nil

MINIMUM FLOOR AREA nil

MINIMUM FRONT YARD 7.5 metres

MINIMUM REAR YA.RD 7 .s metres

MINIMUM SIDE YARD 7.5 metres

49

SECTION 17 - OPEN SPACE - LJ...KEFRONT (02) REGULATIONS

17. l PERMITTED USES

No land sball be used in the Open S;,ace - Lakefront Zone (02)

except for the following purposes:

a) parks

b) campgrounds

c) docks

d) accessory uses

17.2 PERMITTED BUILDINGS AND STRUCTURES

17.3

17.4

17.5

17.6

17.7

17.8

17.9

17. 10

No building or structures shall be used, altered or erected in

the Open Space - Lakefront Zone (02) except the following:

a) publiely-owned eampgrou,."1ds

b) picnic facilities

c) beaches

d) accessory buildings and structures

MINIMUM LOT AREA nil

MINIMUM LOT FRONTAGE nil

MAXIMCM COVERAGE 10 percent

MAXIMUM HEIGHT nil

MINIXUM FLOOR AREA nil

MINI}f[JM FRONT YARD 7.5 metres

MINIMUM REAR YARD 7 .5 metres

MINIMUM SIDE YARD 7.5 metres

50

SECTION 18 - HAZARD LAND (HL) REGULATIONS

18.l PERMITTED USES

No land shall be used in the Hazard Lane Zone (HL) except. far the

following purposes:

a) agricultural uses

b) forestry uses

c) public parks, including playgrounds

d} picnic facilities

e) sports fields, tennis courts

f) golf courses

g) outdoor natt!ral rinks and docks

h) electrical generation and transmission

18.2 PERMITTED BUILDINGS AND STRUCTURES

18 .3

18 .4

18 .s

18 • 6

18.7

18 • 8

18 .9

18 .10

No buildirig oc structures shall be used, altered or e::ected in

the Hazard Land Zone (HL) except the following:

a) buildings and structures for the permitted uses

b) docks

MINIMUM LOT AREA nil

MINIMUM LOT FRONTAGE nil

MA.XIMUM COVERAGE nil

MAXIMGM HEIGHT nil

MINIMUM FLOOR AREA nil

MINIMUM FRONT YARD nil

MINIMUM REAR Y.l\RD nil

MINIMUM SIDE Y!i.RD nil

51

SECTION 19 - RURAL (RU) REGULATIONS

19-1

19.2

19.3

19.4

l'LS

19 .6

19. 7

19.8

19. 9

19. 10

PE.RM.ITTED USES

No land sha"..l be used in the Rural Zone (RO) except for: the

following purposes:

a) mining and mine:::::al ex.plo:::ation

b) agr ic:Jlture

c) forestry

d} existing residential

e) airport:

fl accessory uses

PERMITTED BUILDINGS AND STRUCTURES

No building or structures shall be used, altered or ei::ect.ed. in

the Rural Zone (RU} except the following:

a) mine buildings and mill buildings

b) temporary struct.ur:es for wood cutting

C) te;nporary bush camps for the forestry industry

d} wayside pi ts and quarries

e) existing dwellings

f) airport buildings and structures

g) accessory buildings and structures

MINIM.UM. LOT AREA 2 hectares

MINIMUM LOT FRONTAGE 120 metres

MAXIMUM COVERAGE 20 percent

MAXIMUM HEIGHT 30 metres

MINIMUM FLOOR AREA 75 square metres

MINIM.UM FRONT YARD 15 metres

MINIMUM REAR YARD 15 metres

MINIMUM SIDE YARD 15 metres

52

If no notice of objectior1 is filed. wit.11 the Clerk within the time provided, this By-law shall come into force and take effect on the date of passing by

the Council of the Corporation of the Township of Manitouwadge in accordance with Section 34 of The Planni.,g Act, 1983.

If a notice of objection is filed. wit½. the Clerk, this By-law shall become effective on t'le date of passing hereof subject to receiving the approval of the Ontario M.micipal Eoard.

READ A FilL"T AND SECDND TIME THIS /3-tl DAY OF --~~-· --7-,'-'--' 1987

\ READ A WIRD TIME A.'ID FINALLY PASSED THIS /j fi DAY OF /7,-,~J -----,:::::::--· 1987.

;; p, w,o

REEVE CLERK

Aporoved

Ministry of Mur..icipal Affairs

53

CONVERSION TABLE

METRES FB:SC SQUARE METRES SQUARE FEET

o.s 2.0 0.2 2

1.0 3.0 9.0 100

1.5 5.0 16-75 180

2.0 6.5 20 .o 2,. "'

2.5 8.0 23-0 300

3 .o HLO 37.0 400

3. 5 11.0 42.0 450

4.0 13 .o 46.0 500 4.5 15.0 55-5 600 6 .o 20.0 65 .o 700

7.0 23.0 70.0 750

7.5 25.0 74.0 800

'3.0 30 .o as.a 950 10.0 33 .o 93.0 1000

10 .s 34. 0 232.0 2500

12.0 39 .o 279 .o 3000

15.0 49.0 372.0 4000 28 .o 59.0 4 64 .o 5000

20.0 66.0 5ll.O 5500 23 .o 75 .o 557.0 6000

24.0 79. 0 697.0 7500

JO .O 98.0 13 9 4 • 0 15000

38.0 125.0 2044.0 22000

46.0 151.0

60. 0 197.0

Hectai:es Acres

0.2 .5

0.4 LO 0.6 1.5

0.8 2.0

1.4 3.5

NOTE; The above table is for explanation and convenience only and does not

form part of this By-law.

54

J

,,4~ -~ ._,/\.,

I

~: ~

i1--~ '✓I/

RU

'

I --~ L. ·-·=--=-

,-1-

-r-•-

~

;i ; a: i I I) i r~

1--

RU

/'

·----J.--·-·-·

SCHEDULE 8 ZON!NG LE~l,,!Q

RES!OENTtAL ZONE I §1

RESlOENTlAL "'"' ' §]

MOBILE HOME §1 RESiOENTIAL "'"' ' $EASON4L I§] RE;SIOENTIAL ZONE

G£N£RAL @:I COMMERCIAL ,o ...

HIGHWAY § COMl,H;'.RCIAL ZONE

WATERFRONT Jill COMMERCIAL ,oNE

INOUSTFIIAL • SERVICE ZONE ~

INOVSTR!AL • AIRPORT ZONE §] NOUSTR!AL· §] EXTRACTI','f 8. FORESTRY ZONE

INSTITUTIONAL ZOl-4:: [iJ OPEN SPACE· @i) RECREATIONAL ZONE

OPUt SPACE• §1 LAK!:'.fRO!<T ZONE

HA.ZARO LANO ZCNE §]

RIJIUL ZONE §:i]

--:p,,ig.,.,.,;.,.,

THIS !S SCl<EoutE "8" TO !fl· LAW ..il.:.l1.. PASSEO T'HE _11_ OAY OF ~.EL_,1987

64. ·#'J' 84, f.M,,,,, CLERK REEVE

TOWNSHIP OF MANITOU\'JADGE

RU

..... , ................................... , ................... ,., ............ ,., ........................... , .............. , .. . l i i ............................................................................. ~T .............. , ............. .

RV

!l 02

RU

~

\1:..",·°'."C.J',\AJCi:: [.J.,<i::

u•••••" M•r,;,,i;,d So"ll<l<lry

THIS IS SCHEDULE "A" TO BY-LAii NO. 87-25 PASSED MAY 13, 1987

UTT~~ M,;,,,:".'C;t.;·NAJG:'.

LA'\i:: ~ w;£ND.

RESIOENT!Al ZONE

RESIDENTIAL ZONE

MOStLE HOME RE5!DENTIAL ZONE

SEASONAL RES!DENT!AL ZONE

GENERAL COf.'M!.RClAL ZONE

HfGHWAY cow.•ERC!AL ZONE

WATER:'RONT COMMERCIAL ZONE

tNOUSTR1At, ~ SERVICE

lNDUSTRtAL ~ A!R?ORT

!NDUSTR1AL

2

'

EXTRACTIVE S FORESTRY

INSTITUTIONAL

OPEN SPACE RECREA710NAL

OPEN SPACE LAKEFRONT

.HAZARD LANO

RURAL

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