Zoning By-Law 2010-100Z

 
 
 
 

OFFICE CONSOLIDATION

 

CITY OF GREATER SUDBURY

 

ZONING BY-LAW 2010-100Z

 
AS AMENDED
 
DATE OF ENACTMENT:     September 29, 2010
 
DATE WHEN BY-LAW CAME INTO FORCE:     September 29, 2010
 
DATE OF LAST UPDATE:    October 16, 2018

Table of Contents

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

PREAMBLE


These pages explain the purpose of this Zoning By-law and how it should be used. These pages do not form part of the Zoning By-law passed by Council and are intended only to make the Zoning By-law more understandable and easier to reference.
 
The purpose of this Zoning By-law is to implement the policies of the City of Greater Sudbury Official Plan. The Official Plan contains general policies that affect the use of land throughout the Municipality. These policies specify where certain land uses are permitted and, in some instances, specify what regulations should apply to the development of certain lands.
 
The Official Plan is a general document that is not intended to regulate every aspect of the built-form on a private lot. In the Province of Ontario, this is the role of the Zoning By-law. Once an Official Plan is in effect, any Zoning By-law passed by Council must conform to the Official Plan. For example, if the Official Plan stated that lands in the vicinity of a significant natural feature are to remain in their natural state, the Zoning By-law would prohibit the erection of buildings or structures on those lands.
 
The statutory authority to zone land is granted by the Planning Act, R.S.O. 1990, c.P.13, as amended. The Planning Act specifies what a By-law can regulate.  A Zoning By-law can:
 
  • Prohibit the use of land or buildings for any use that is not specifically permitted by the By-law;
  • Prohibit the erection or siting of buildings and structures on a lot except in locations permitted by the By-law;
  • Regulate the type of construction and the height, bulk, location, size, floor area, spacing, and use of buildings or structures;
  • Regulate the minimum frontage and depth of a parcel of land;
  • Regulate the proportion of a lot that any building or structure may occupy;
  • Regulate the minimum elevation of doors, windows or other openings in buildings or structures;
  • Require parking and loading facilities be provided and maintained for a purpose permitted by the By-law; and,
  • Prohibit the use of lands and the erection of buildings or structures on land that is:
  • Subject to flooding;
  • The site of steep slopes;
  • Rocky, low-lying, marshy or unstable;
  • Contaminated;
  • A sensitive groundwater recharge area or head water area;
  • The location of a sensitive aquifer;
  • A significant wildlife habitat area, wetland, woodland, ravine, valley or area of natural and scientific interest;
  • A significant corridor or shoreline of a lake, river or stream; or,
  • The site of a significant archaeological resource.
 
In order to reference this By-law easily, a property owner should follow each of the steps listed below to determine what permissions apply to their particular property.
 
1. Locate the Property on a Map 
 
Maps in a Zoning By-law are called 'Schedules'. The first step to using this By-law is to refer to the zone schedules to determine in which zone category your property is located. Schedule ‘A’ is the main Zoning Map. It is comprised as a series of smaller maps. The key maps show the lands covered by the individual maps. The zone category will be indicated on the schedules by a symbol or abbreviation. For example, you may see the symbol “R1-5” beside your property. This would indicate that your property is within the “Low Density Residential One” Zone. The zone symbols or abbreviations are explained on the first page of Part 2 of the By-law.
 
In any circumstance, you should confirm your findings with a Planner or Zoning Officer in the Planning Services or Building Services Divisions.
 
Part 2 also provides assistance to help you identify the zone boundaries on the Schedules. For example, if your property appears close to a zone boundary and you are not sure how to determine exactly where that boundary is located, refer to Section 2.4 of the By-law.
 
2. Zone Provisions
 
The next step to using this By-law is to determine what uses are permitted on your property. Each Zone Section in the By-law has two primary parts: Permitted Uses and Zone Regulations. Parts 6 through 10 of the By-law identify the permitted uses and zone requirements for each zone in the Municipality. Zone Standards include minimum lot area, minimum frontage requirements, minimum yard requirements, maximum lot coverage for buildings, maximum permitted height of buildings and, in some cases, the minimum required landscaped open space on the lot. Special Provisions that may affect the use of the property or the standards applicable to uses, buildings and structures are shown at the bottom of the respective use and standards tables in Parts 6 through 10.
 
3. Definitions
 
The definitions in Part 3 can assist you if you are not sure of the nature of a permitted use or how it has been defined for the purposes of this By-law. Uses that are not identified as permitted uses within a particular zone are not allowed to be established in that zone. The Planning Act requires that zoning by-laws prohibit all uses except as may be specifically permitted. If a use is not listed as a permitted use it is not permitted.
 
4. General Provisions
 
Now that you are aware of the uses permitted on your property and the specific zone requirements that apply to those uses, reference should be made to Part 4 of this By-law. Part 4 contains a more general set of standards know as 'General Provisions' that apply to all properties in all zones throughout the City, unless specifically noted otherwise. For example, the general provisions contain standards that regulate height exceptions and non-conforming or non-complying uses that apply to all properties regardless of what zone the property is located within.
 
5. Parking and Loading
 
Part 5 provides the parking and loading requirements for all uses permitted in the Municipality. If you are considering changing the use of your property or adding a new use to your property, you should review Part 5 to ensure that you are aware of the parking requirements for the proposed use.
 
6. Exceptions, Holding Zones and Temporary Uses
 
By-laws are not static documents and lands may be subject to a zone exception, a holding zone, or a temporary use. If a zone symbol on the maps is followed by a number enclosed by brackets, such as C1(5), the lands are subject to a site-specific exception. These can be found in Part 11.
 
If the zone symbol is preceded by a “T” and a number or by an “H” and a number, the lands are subject to a Temporary Use By-law or a Holding Provision, the provisions of which can be found in Parts 12 and 13. Note that both processes are subject to separate Planning Act processes; Section 39 for Temporary Use By-laws and Section 36 for Holding Provisions.
 
7. What are Legal Non-Conforming and Legal Non-Complying For The Purposes Of This By-law?
 
A legal non-conforming use is a use of land and/or building that legally existed on the date By-law 2010-100Z came into effect under the Planning Act. To be legal, the use must have been permitted on the lands in accordance with the previous Zoning By-laws for the Municipality.
 
A legal non-complying lot, building or structure is a lot, building or structure that was legally created or erected in a location it was in when Zoning By-law 2010-100Z came into effect under the Planning Act. To be legal, the lot or location of the building or structure must have been authorized on the lands in accordance with the Municipality’s previous Zoning By-laws. Alternatively, if the lot, building or structure existed on the lands for a considerable number of years, the building or structure may be legal if it was legally created or erected before the first Zoning By-law for the City of Sudbury or the first Zoning By-law for the former municipality or unorganized township was passed.
 
8. By-law Amendments
 
A Zoning By-law is not a static document; it is amended over time as demands and policies governing land use change. Before proceeding any further, you should verify that your property is not the subject of an earlier Zoning By-law amendment. While the City strives to keep this By-law up-to-date, more recent amendments may not be included in the version of the By-law you are using. Staff in the Planning Services Division will be able to assist you to confirm if your property has been subject to a more recent By-law amendment.

PART 1: 

INTERPRETATION AND ADMINISTRATION


This By-law may be referred to as the “City of Greater Sudbury Zoning By-law” (“this By-law”) and applies to all lands within the City of Greater Sudbury.
 
This By-law shall be administered by the Chief Building Official.
 
No person shall change the use of any building, structure or land or erect or use any building or structure or occupy any land or building except in accordance with the provisions of this By-law.
 
Any use not specifically permitted by this By-law shall not be permitted in the City of Greater Sudbury.
 
The requirements of this By-law must be met before a building permit is issued for the erection, addition to or alteration of any building or structure.
 
Nothing in this By-law shall serve to relieve any person from any obligation to comply with the requirements of any other By-law of the City of Greater Sudbury or any other requirement of the City of Greater Sudbury, the Province of Ontario or the Government of Canada that may affect the use of lands, buildings or structures in the municipality.
 
1.6 ENFORCEMENT    By-Law 2015-72Z
This By-law shall be enforced by the By-law Enforcement Officer.
 
In accordance with Section 67 of the Planning Act, RSO, 1990, c.P. 13 every person convicted of a violation of this By-law is liable, on first conviction to a fine of not more than $25,000 and on the subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted.
 
In accordance with Section 67 of the Planning Act, RSO, 1990, c.P. 13 every director or officer of any Corporation convicted of a violation of this By-law is liable, on first conviction to a fine of not more than $50,000 and on a subsequent conviction to a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted.
 
A decision of a court that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness or enforceability of the other provisions or parts of the provisions of this By-law.
 
This By-law shall come into force the day it was passed if no appeals are received.  If an appeal(s) is received, this By-law, or portions thereof, shall come into force upon the approval of the Ontario Municipal Board and in accordance with the provisions of the Planning Act, R.S.O. 1990, c.P.13, as amended.
 
By-law 83-300 being the Zoning By-law for the Town of Valley East and Town of Onaping Falls, By-law 83-301 being the Zoning By-law for the Town of Capreol, By-law 83-302 being the Zoning By-law for the Town of Rayside-Balfour, By-law 83-303 being the Zoning By-law for the Town of Walden, By-law 83-304 being the Zoning By-law for the Town of Nickel Centre, By-law 95-500Z being the Zoning By-law for the City of Sudbury, By-law 2001-24Z being the Zoning By-law for the Townships of Cleland, Scadding and Parts of the Townships of Dryden and Dill and By-law 2001-25Z being the Zoning By-law for the Townships of Parkin, Aylmer, Mackelcan and Rathbun and all amendments thereto are hereby repealed.
 
Where the Committee of Adjustment or the Ontario Municipal Board has authorized a minor variance from the provisions of any predecessor By-law in respect of any land, building or structure and the decision of the Committee of Adjustment or the Ontario Municipal Board authorizing such minor variance has become final and binding prior to the enactment of this By-law, the provisions of this By-law, as they apply to such land, building or structure, shall be deemed to be modified to the extent necessary to give effect to such minor variance. (By-law 2012-67Z)
 
Where a Site Plan Control Agreement has been entered into prior to the effective date of this By-law, the provisions of this By-law, as they apply to such land, building or structure, shall be deemed to be modified to the extent necessary to give effect to such Site Plan Control Agreement.
 
A lot created by a Will after July 26, 1990 does not qualify for a building permit. If a lot created by a Will was created on or before July 26, 1990, a building permit may be available provided all other applicable provisions in this By-law are met.
 
Where the lot line of a lot abuts a reserve established by a public agency to restrict or control access to an abutting public road from such lot, the said lot shall be deemed to abut the said road and such reserve shall be deemed to constitute part of the said lot for the purpose of determining compliance with this By-law, except that this provision shall not be construed as permitting access from such lot to the said road across such reserve.
 
Where the lot line of a lot abuts a Crown Reserve adjacent to a waterbody, such reserve shall be deemed to constitute part of the said lot for the purpose of determining compliance with this By-law except that no building permit shall be issued for any part of such reserve where the Ministry of Natural Resources has not approved such construction.
 
No part of any lot lying below the elevations on the lakes noted below shall be used in determining compliance with this By-law:
 
Ramsey Lake: 249.36 metres C.G.D.
 
Robinson Lake: 246.92 metres C.G.D.
 
Vermilion Lake: 256.49 metres C.G.D.
 
Wanapitei Lake: 267.95 metres C.G.D.
 
Whitewater Lake: 265.47 metres C.G.D.
 
Whitson Lake: 290.56 metres C.G.D.
 
Where this By-law makes reference to legislation of the Government of Ontario or the Government of Canada, such reference shall be deemed to include any and all amendments or successors thereto or regulations thereunder.
 
Where this By-law makes reference to the jurisdiction of a public agency, and where the name or responsibilities of such public agency are changed hereafter, the said reference shall be deemed to include any and all successors to such public agency having jurisdiction over the matters to which the said reference applies.
 
For the purposes of determining compliance with this By-law all numerical figures for front, interior side, corner side  and rear yards shall be rounded to the same number of decimal places as on the Tables in Parts 6 to 10 of this By-law for the stated By-law requirement. For example, where the By-law requirement for a yard is given to one decimal place (example 7.5 m), the required distance shall be rounded to one decimal place (example: 7.45 m through 7.49 m rounded equals 7.5 m).

PART 2: 

ESTABLISHMENT OF ZONES


The Provisions of this By-law apply to all lands within the limits of the City of Greater Sudbury. All lands subject to this By-law are contained within one or more of the following Zones:
 
ZONE SYMBOL
   
Residential Zones (See Part 6)  
Low Density Residential One R1-1, R1-2, R1-3,
  R1-4, R1-5, R1-6
Low Density Residential Two R2-1, R2-2, R2-3
Medium Density Residential R3, R3-1
High Density Residential R4
Residential Mobile Home RMH
   
Commercial Zones (See Part 7)  
Local Commercial C1
General Commercial C2
Limited General Commercial C3
Office Commercial C4
Shopping Centre Commercial C5
Downtown Commercial C6
Resort Commercial C7
   
Industrial Zones (See Part 8)  
Business industrial M1-1
Mixed Light Industrial/Service Commercial M1
Light Industrial M2
Heavy Industrial M3
Mining Industrial M4
Extractive Industrial M5
Disposal Industrial M6
   
Rural Zones (See Part 9)  
Agricultural A
Rural RU
Rural Shoreline RS
Seasonal Limited Service SLS
   
Other Zones (See Part 10)  
Institutional I
Park P
Open Space – Conservation OSC
Open Space – Private OSP
Open Space – Recreation OSR
Open Space – Waterbody OSW
Environmental Protection EP
Future Development FD
   
Overlay Zones (By-law 2016-70Z)  
Airport Height Restriction Overlays AHR1, AHR2
Flood Fringe Overlay FF
Flood Plain Overlay FP
Wellhead Protection Overlays WHPA Vulnerability Scoring 10
  WHPA Vulnerability Scoring 8
Intake Protection Zone Overlays IPZ 1, IPZ 2, IPZ 3
Ramsey Lake Watershed Overlay RLW
 
i) The Zone symbols used in this By-law and on the Schedules to this By-law refer to lots, buildings and structures and other parcels of land and to the use of lots, buildings and structures and other parcels of land permitted by this By-law.
 
ii) Wherever a Zone symbol on the Schedules to this By-law is followed by a period, a letter “D” and a number, the maximum number of dwelling units permitted on a lot with such a symbol shall be the residential density represented by such number in dwelling units per hectare.  Where the number of dwelling units per hectare results in a fraction of a dwelling unit being permitted, such fraction of a dwelling unit shall be rounded down to the nearest whole number.
(By-law 2011-49Z)
 
2.3 ZONE SCHEDULES (By-Law 2016-70Z)
The Zones and Zone boundaries are shown on Schedules “A” and “A1” to this By-law.
 
 
2.4.1 General Application
When determining the boundary of any Zone as shown on any Schedule forming part of this By-law, the following provisions shall apply:
 
a) A boundary indicated as following a highway, street, lane, railway right-of-way, utility corridor or watercourse shall be the centre-line of such highway, street, lane, railway right-of-way, utility corridor or watercourse;
 
b) A boundary indicated as substantially following lot lines shown on a Registered Plan of Subdivision, property boundaries or the municipal boundaries of the City of Greater Sudbury shall follow such lot lines or boundaries;
 
c) Where a boundary is indicated as running substantially parallel to a street line and the distance from the street line is not indicated, the boundary shall be deemed to be parallel to such a street line and the distance from the street line shall be determined according to the scale shown on the Schedule(s);
 
d) Boundaries of flood plain and flood fringe overlays are shown in general only. The actual boundaries shall be as determined from time to time by the Nickel District Conservation Authority;
 
e) A boundary indicated as following a lot line abutting an unopened road allowance shall follow the centre-line of such road allowance;
 
f) A zone boundary indicated as following a shoreline shall follow such shoreline, and in the event of a change in the shoreline, the boundary shall be construed as moving with the actual shoreline; and,
 
g) Where a lot falls into two or more zones, each portion of the lot shall be used in accordance with the provisions of this By-law for the applicable zone; and,
 
h) Where none of the above provisions apply the zone boundary shall be scaled from the Schedule(s).
 
In no case is a Zone boundary dividing a lot into two or more Zone categories intended to function as a property boundary.
 
2.4.2 Lands Under Water
Notwithstanding Section 2.4.1(a) above, all lands under water of the lakes and rivers within the City are subject to this By-law in addition to the requirements of both federal and provincial legislation. All lands under a navigable waterway not otherwise zoned Environmental Protection (EP) on the Schedules to this By-law shall be zoned Open Space – Waterbody (OSW), and may be used in accordance with the zoning of abutting and appertaining lands and the regulations of Section 4.41 and Part 10 of this By-law.
 
Where a Zone symbol on the attached schedule(s) is followed by a number enclosed within a set of brackets, the symbol refers to a site-specific exception that applies to the lands noted. Site-specific exceptions are listed in Part 11 of this By-law. Unless specifically amended by the Zone Exception, all other provisions of the Parent Zone apply.
 
Notwithstanding any other provision in this By-law, where a Zone symbol is preceded by, a letter “H” and a number– for example H1M1 – the symbol refers to a Holding provision that applies to the lands noted. No person shall use or permit the land to which the Hold applies for any use other than the use which legally existed on the date the By-law applying the Holding provision came into effect or the use(s) permitted in the By-law enacting the Hold, or expand or replace an existing building or structure as the case may be, until the Hold (H) is removed in accordance with the policies of the Official Plan and Section 36 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
 
For the convenience of the reader, all words that are italicized are defined in Part 3 of this By-law.
 
No representation or implication is made by the City nor should any inference be drawn from the Schedules attached to this By-law as to the ownership of private land and/or rights of access to such land.  Ownership and access rights are legal matters that fall solely within the purview of a court of competent jurisdiction.

PART 3: 

DEFINITIONS


 
  Term Definition
1. Abattoir A slaughter house designed for the purpose of killing animals, skinning, dressing and cutting up of carcass, wrapping for sale for human consumption with cooler and freezer storage and includes indoor confinement of animals while awaiting slaughter but shall not include any cooking or process related to processing plants such as smoking, curing or the manufacturing of meat by-products or any process related to rendering plants such as the manufacture of tallow, grease, glue, fertilizer or any other inedible product.
2. Abut or Abutting Directly and immediately contiguous, physically touching, or sharing a common wall or lot line and does not include parcels of land that touch at a point.
3. Accessible or Accessibility By-law 2015-72Z That which can be approached, entered and used by persons with disabilities.
4. Accessory A use, separate building or structure, which is usually incidental, subordinate, exclusively devoted to and located on the same lot as the principal use, building or structure and, in the case of a building or structure, may or may not be attached to the main building on the same lot.
5.  Adult Entertainment Parlour
Any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations, and for purposes of this definition, the following terms and phrases shall be interpreted as follows:
 
(a) "To provide", when used in relation to services includes to furnish, perform, solicit, or give such services and "providing" and "provision" have corresponding meanings;
 
(b) "Services" includes activities, facilities, performances, exhibitions, viewings and encounters, but does not include "goods" including books, clothing, magazines, pictures, slides, films, phonograph records, prerecorded magnetic tape and any other reading, viewing or listening matter;
 
(c) "Services designed to appeal to erotic or sexual appetites or inclinations" includes:
1. Services of which a principal feature or characteristic is the nudity or partial nudity of any person, or
 
2. Services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy" or any other word or picture, symbol or representation having like meaning or implication is used in any advertisement.
6. Aggregate Transfer Site Any premises used for the sorting, storing and distribution of aggregate materials including topsoil and peat.
7. Agricultural Use
An area of land used for:
 
a) The cultivation or tillage of soil;
 
b) The growing and harvesting of vegetables, fruits, grains, seed crops, mushrooms, berries, trees, sod, flowers or landscaping materials;
 
c) The erection and use of greenhouses;
 
d) The grazing, breeding, raising, boarding or training of livestock of all kinds, including, without limiting the generality of the foregoing, cattle, swine, sheep, goats, rabbits, poultry, fish, horses, ponies, donkeys, mules and fur-bearing animals, including a commercial riding school but not including a stockyard,
 
e) Dairying;
 
f) Syrup collecting;
 
g) Beekeeping; or,
 
h) Any other operation normally associated with farming, with or without accessory buildings, structures or uses including, without limiting the generality of the foregoing, a farm sales outlet.
8. Airport  The use of lands, buildings or structures for the purposes of air transportation services and regulated by Transport Canada.
9. Alter
a) When used in reference to a building or structure or part thereof:
 
1. To change any one or more of the external dimensions thereof;
2. To make any change in the supporting members or to the type of construction of the exterior walls or roof thereof; or,
3. To alter the use thereof.
 
b) When used in reference to a lot:
 
1. To change the lot area, lot depth, lot frontage, water frontage or lot coverage thereof;
2. To change the width, depth or area of any yard, court, setback, landscaped open space or parking area thereon;
3. To change the location of any boundary of such lot, whether such alteration is made by conveyance or alienation of any portion of such lot or otherwise; or,
4. To alter the use thereof; or,
 
c) When used in reference to a use:
 
1. To discontinue and replace, in whole or in part, a use specifically defined herein with any other use specifically defined herein or with any use not specifically defined herein;
2. In the case of an industrial use, to change the mode of operation thereof or the type of commodity being produced or processed,
3. In the case of a residential use, to change the number of dwelling units or guest rooms in a dwelling or rooming house, or to change the number of mobile home dwellings in a mobile home park; or,
4. In the case of a use not specifically defined herein, to change in any way the type or scale thereof.
 
ALTERED and ALTERATION have corresponding meanings.
10. Amenity Area An area of landscaped open space, floor space or any other area which is located within or on the same lot as a multiple dwelling or row dwelling and which is available for use by the residents of the said dwellings for active or passive recreational purposes, and may include such areas as play areas, patios, balconies, roof top terraces and recreational amenities, but does not include any indoor part of a dwelling unit, any part of a required planting strip, any part of a required privacy yard, any part of a parking area, any part of a driveway, nor any part of a required front yard.
11. Amusement Park An area of land used primarily for the commercial operation of a recreation, entertainment and amusement complex wherein rides, exhibits and displays, games of skill or chance and the sale of food, beverages, toys and souvenirs constitute the main uses.
12. Animal Shelter Lands and buildings used for the keeping of domestic animals, birds or household pets for temporary indoor shelter or treatment and accommodation and includes, without limiting the generality of the foregoing, a public pound, and may include the premises of a veterinarian, an accessory pet grooming establishment but does not include any establishment engaged primarily in the retail sale of animals or in breeding or training animals for gain or profit.
13. Aquifer Vulnerability An aquifer’s intrinsic susceptibility, as a function of the thickness and permeability of overlying layers, to contamination from both human and natural impact on water quality.
14. Arena A building housing ice making equipment and infrastructure capable of enclosing an artificial ice surface intended for year round recreational use and may include uses such as special events and competitions, circuses, concerts, conventions, weddings/banquets/anniversaries, auctions, restaurants, flea markets and trade shows or exhibits with a retail component.
15. Art Gallery A building used for the preservation of collections of paintings or other works of art and devoted primarily to the recreation and/or education of the public, and may include the exhibition and sale of paintings and other works of art, whether by the proprietor or others.
16. Assembly Hall A building or structure, or part thereof, where facilities are provided for civic, educational, musical, recreational, theatrical, political, religious or social events, including, without limiting the generality of the foregoing, a recreation and community centre, auditorium, cinema, theatre, playhouse, opera house, concert hall, public museum, exhibition hall, convention centre and community social centre, but does not include any place of amusement, commercial recreation centre, place of worship, stadium or drive-in theatre as defined herein, or any retail store or restaurant except as an accessory use.
17. Attached  A building otherwise complete in itself, which depends, for structural support or complete enclosure, upon a division wall or walls shared in common with adjacent building or buildings.
18. Attic The top most storey of a building, situated within a roof, where 50% or more of the horizontal space within such roof has less than 2.0 metres vertical clearance from the base of such storey.
19. Auctioneer’s Establishment A building or structure or lands used for the storage of goods and materials which are to be sold on the premises by public auction, and for the sale of the said goods and materials by public auction on an occasional basis.
20. Audio/Visual Studio A commercial establishment engaged in recording, producing or broadcasting audio or visual materials, or both, with or without a business office, auditorium or antenna as accessory uses, and includes, without limiting the generality of the foregoing, radio or television broadcasting stations, cable television studios, sound recording studios, video recording studios and motion picture studios.
21. Automotive Accessories Store A retail store where vehicle parts, vehicle accessories and vehicle tools are offered for sale with or without accessory automotive repair shop.
22. Automotive Body Shop A building or structure used for the painting or repairing of motor vehicle bodies, exterior and undercarriage, and in conjunction with which there may be towing service and motor vehicle rentals for customers while the motor vehicle is under repair, but does not include any other automotive use defined herein.
23. Automotive Leasing Establishment A building and lot used for the leasing, servicing, repairing, cleaning, polishing and greasing of motor vehicles for hire, and without limiting the generality of the foregoing, including automobiles, trucks, boats, utility trailers, recreation vehicles, and accessory automotive sales.
24. Automotive Lube Shop An automotive use engaged in the servicing of motor vehicles with fluids and lubricants but does not include any other automotive use defined herein.
25. Automotive Repair Shop An automotive use which contains facilities for the repair and maintenance of non-commercial vehicles on the premises and where vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but does not include any establishment where the repairing or painting of vehicle bodies constitutes a main use, except where specifically permitted, or any other automotive use defined in this By-law.
26. Automotive Sales Establishment
(By-law 2012-67Z)
A building and lot, or either in singular, used for the display and sale, renting or leasing of new and used motor vehicles and may include servicing, repairing, cleaning, polishing, greasing of motor vehicles, the sale of automotive accessories and related products and the sale, leasing or renting of utility or boat trailers, and may include an automotive body shop where the repair and repainting of motor vehicles can take place as an accessory use within the same building, but does not include any other automotive use defined herein.
27. Automotive Service Station An automotive use where vehicle fuels, lubricants and accessories are offered for retail sale and may include an accessory convenience store, and which contains facilities for the minor repair, maintenance or cleaning of vehicles indoors, other than the repairing or painting of vehicle bodies, but does not include any other automotive use defined herein.
28. Automotive Use A building, structure or lot, or part thereof, where vehicles are sold, rented, serviced, fuelled, maintained, repaired or cleaned for compensation and/or remuneration and includes, without limiting the generality of the foregoing, any use defined herein as a form of "automotive use".
29. Bake Shop A retail store operated in conjunction with and on the same premises as a bakery, where all prepared food products of such bakery are sold on the premises.
30. Bakery A food processing plant where food products of which flour, grains, meal or sugar are the principal ingredients are produced, mixed, compounded, baked or otherwise prepared, but does not include a restaurant or other premises where such products are made only for consumption on the premises.
31. Balcony
(By-law 2012-67Z)
A raised platform or structure other than a stoop, porch or deck, projecting above finished grade from a building and is accessible from inside the building and with no steps to provide access to the ground.
32. Banquet Hall A building or part thereof, used for the gathering of groups of people for a specific function including the consumption of food and drink and shall include kitchen facilities.
33. Basement One or more storeys of a building located below the first storey.
34. Bed And Breakfast Establishment An establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public within a single detached dwelling that is the principal residence of the proprietor of the establishment.
35. Bedroom A habitable room located within a dwelling unit and used primarily for sleeping.
36. Berm A landscaped mound of earth.
37. Biosolid Disposal The spreading or placement of biological waste that has been partially treated in a sewage treatment facility or waste vegetable materials including food waste or by products of food production on lands.
38. Boathouse A building or structure used for the storage of boats and equipment accessory thereto including a boatport, but shall not include habitable living space, the commercial storage of boats, the sale of fuel or marine products, or a marina.
39. Boatport An accessory structure which is not enclosed by more than one wall that is designed and used only for the sheltering of boats or other forms of water transportation.
40. Body Rub Parlour Any premises or part thereof where a body-rub is performed, offered or solicited in pursuance of a trade, calling, business, or occupation, but does not include any premises or part thereof where the body-rubs performed are for the purpose of medical or therapeutics treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario.
41. Building A structure consisting of walls, roof and floor or a structural system serving the same purpose as defined in the Building Code Act, S.O. 1992, Chapter 23.
42. Building By-law Any by-law of the City passed pursuant to the Building Code Act, S.O. 1992, Chapter 23, as amended.
43. Building Line, Minimum A line lying in the interior of a lot drawn parallel to a lot line for the purpose of establishing the minimum distance that must exist between a building or structure erected upon the lot and a lot line of that lot.
44. Building, Main A building in which is carried on the principal purpose for which the lot is used.
45. Building Official, Chief The person duly appointed by Council as the Chief Building Official and charged with the duty of enforcing the provisions of the Building Code Act, S.O. 1992, Chapter 23, as amended, together with any regulations thereunder, and of the Building By-law.
46. Building Permit A permit required by the Building By-law.
47. Building Separation The shortest horizontal dimension between the closest parts of any two detached buildings on the same lot.
48. Building Supply and Lumber Outlet An establishment engaged in the wholesale or retail sale of building or construction supplies, or accessories including, without limiting the generality of foregoing, lumber, millwork, cement, siding, roofing, plumbing or electrical supplies and heating, cooling or ventilating systems, and may include the premises of a construction contractor and an outdoor storage area but does not include any retail store engaged primarily in the indoor retail sale of furnishings, appliances, stoves, fireplaces, windows, paints, wall coverings, floor coverings, plumbing supplies or items normally associated with a hardware store.
49. Bulk Retail Outlet A retail store where primarily large, bulky or unwieldy items including, but not necessarily restricted to, furniture, appliances, machinery, floor coverings and landscaping and garden supplies or implements, are offered for sale or rental, but does not include a retail lumber yard, garden nursery, automotive use, industrial use, agricultural use or the sale, rental or distribution of shipping or storage containers.
50. Bulk Storage Tank A tank or container for the bulk storage of petroleum, gasoline, diesel or other fuels, oil, gas, propane, or flammable liquid or fluid, but does not include a container for flammable liquid, gas or fluid legally and properly kept in a retail store or a tank for storage incidental to some other use of the premises where the such tank or container is located.
51. Bus Terminal An establishment where commercial vehicles pick up and discharge fare-paying passengers, with or without accessory business offices, retail stores, restaurants, taverns, bus maintenance or bus storage.
52. By-law Enforcement Officer A person duly appointed by Council as a By-law Enforcement Officer and charged with the duty of enforcing the by-laws of the City.
53. Camping Ground An area of land in which space and facilities are provided specifically for the temporary accommodation of persons in tents or recreation vehicles for vacation or recreational purposes, and accessory uses and facilities such as administrative offices, sanitary facilities, recreational facilities and an accessory convenience store.
54. Carnival A temporary use of land, buildings or structures for the purpose of providing or locating facilities for commercial entertainment and participatory amusement activities, including games and rides, and includes, without limiting the generality of the foregoing, an itinerant circus or midway, but does not include an amusement park or other use where such facilities are located or made available for use by the general public for more than 14 days per year.
55. Carport An accessory private garage, either attached to or detached from the main building, which is partially enclosed with a roof but open at each end and on at least one side except for any necessary structural roof supports.
56. Car Wash An automotive use containing manual or automated facilities for washing or cleaning vehicles, but does not include any other automotive use defined herein.
57. Cellar A portion of a building below the first storey floor which is partly or wholly underground and which has more than one-half of its height, from finished floor to finished ceiling or to the underside of the floor joints of the first floor, below the average finished grade level adjacent to the exterior walls of the building.
58. Cemetery An area of land reserved or used for interring the dead or placing or burying the remains or ashes of human corpses, and includes a crematorium, mausoleum or columbarium, but does not include a funeral home.
59. Cemetery, Pet The land that is used as a place for the internment of dead domestic animals with assigned sites for individual animals.
60. Children’s Home
a) An approved agency designated as a "children's aid society" under the Child and Family Services Act, R.S.O. 1990, c.C.11, as amended;
 
b) An "institution" as defined in Part II of the Child and Family Services Act, R.S.O. 1990, c.C.11, as amended; or 
 
c) A "children's residence" as defined in Part IX of the Child and Family Services Act, R.S.O. 1990, c.C.11, as amended.
61. City The City of Greater Sudbury as defined and constituted by The City of Greater Sudbury Act, 1999, C.14, Schedule A.
62. Commercial When used in reference to a building, structure, lot, use or activity, A building, structure, lot, use or activity pertaining to the buying, selling or renting of commodities or the supplying of services for remuneration, gain or profit, but does not include activities associated primarily with an industrial use (processing or manufacturing) or with any construction work.
63. Commercial or Public Garage An automotive use engaged primarily in the storage, repair and maintenance of commercial or public vehicles
64. Commercial Riding School An area of land and buildings that are used as an educational or recreational centre for horse training, handling, care, or for the lodging of horses for hire or gain.
65. Commercial Self-Storage Facility Lands and buildings used, rented or leased to persons for the storage of household and personal items, including recreation vehicles and automobiles, within separate units forming part of a wholly enclosed building.
66. Commercial Tourist Facility A camp for recreational activities consisting of one of more buildings or other structures and recreational amenities established or maintained as living quarters, with or without charge, for the temporary occupancy of 10 or more persons for five or more days.
67. Committee of Adjustment The Committee of Adjustment of the City of Greater Sudbury, or the Committee of Adjustment of a former municipality located within the current boundaries of the City of Greater Sudbury, as constituted by Council under the Planning Act, R.S.O. 1990, C.P.13, as amended.
68. Conforming

Conforming to all applicable provisions or requirements of this By-law.

CONFORMITY has a corresponding meaning.

69. Conservation Authority The Nickel District Conservation Authority, as constituted by the Conservation Authorities Act, R.S.O. 1990, c.C.27, as amended.
70. Conservation Use An area of land that is generally left in its natural state and which is used to preserve, protect and/or improve components of the natural heritage system of other lands for the benefit of man and the natural environmental and which may include, as an accessory use, hiking trails and/or cross country ski trails, buildings and structures such as nature interpretation centres and public information centres.
71. Contractor's Yard
By-law 2015-72Z
An area of land used for the storing of equipment, vehicles or materials used in the construction, landscaping, restoration and/or renovation industries and may include a premises where a contractor performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified herein.
72. Convenience Store A retail store not exceeding 150 m² net floor area wherein various convenience goods and items of day-to-day personal or household use or necessity including, without limiting the generality of the foregoing, food, beverages, pharmaceutical drugs, light hardware products, tobacco products and periodicals, are offered for sale.
73. Council The municipal Council of The City of Greater Sudbury as constituted by the City of Greater Sudbury Act, 1999, S.O. 1999, C.14, Schedule A.
74. Court An open, uncovered yard bounded on two or more sides by one or more main buildings on the same lot.
75. Crisis Residence  A single housekeeping unit licensed or funded by the Province of Ontario for the short term (averaging 30 days or less) accommodation of three to nine persons, exclusive of staff, living under supervision and who, by reason of either emotional, mental, social or physical condition or legal status, require a group living arrangement for their well-being.
76. Cross Country Ski Facility An area of land with trails used by skiers and which may include, as accessory uses, a restaurant, a clubhouse, a retail store selling ski equipment and accessories, a fitness centre, a dwelling unit for an owner/caretaker, and other buildings or structures devoted to the maintenance, administration and operation of the facility.
77. Crown Land Land held under the ownership of the Crown in right of the Province of Ontario, but does not include land in the actual use or occupation of the Crown, or of a public department of the Government of Canada or of the Province of Ontario, or of an officer or servant thereof, or under lease or license of occupation from the Crown, or set apart or appropriated by lawful authority for a public purpose or vested in the Ontario Northland Transportation Commission.
78. Day Care Centre A building or part thereof duly licensed by the Province of Ontario as a "day nursery" under the Day Nurseries Act, R.S.O. 1990, Chapter D.2.
79. Deck A roofless, unenclosed structure, accessory to a dwelling, consisting of a platform raised 0.6 metres or more above finished grade, supported by the ground with or without steps to provide access to the ground.
80. Development The erection of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or a mobile home park, or a change in land use, or the construction of buildings and structures, any of which require approval under the Planning Act, R.S.O. 1990, c.P.13, as amended.
81. Dining Room That part of a restaurant, tavern, hotel or other non-residential use which is used specifically for the consumption of food or beverages by persons seated at booths, counters or tables, or a combination thereof.
82. Dock A structure temporarily or permanently attached to lands under water used to provide access to the water for persons and watercraft.
83. Drive-In Theatre An area of land, together with accessory buildings and structures, designed and used specifically for the showing of motion pictures on an outdoor screen for viewing by patrons from within their vehicles.
84. Drive-Through Service Facility A building or structure or part thereof where goods and/or services are offered to the public within a parked or stationery vehicle that is in a designated queuing space by way of a service window, kiosk, or automated machine where goods, money or materials are exchanged. Kiosks within a parking structure or associated with a surface parking area are not considered to be drive-through service uses.
85. Driveway A passageway that provides vehicular access to parking areas, loading spaces, buildings or structures, on a lot, from a road or private access road.
86. Drug Store  A building or part thereof where pharmaceutical drugs are prepared and dispensed in conjunction with a retail store.
87. Dry Cleaning Depot A building or part thereof used for receiving, and subsequently returning, articles, goods or fabrics for dry cleaning, dyeing, cleaning, laundering or pressing, in a place other than the premises.
88. Dry Cleaning Establishment A building or part thereof used for the purpose of dry cleaning, dyeing, cleaning, laundering or pressing articles, goods or fabrics, with or without a dry cleaning depot as an accessory use.
89. Dwelling A building or part of a building containing a dwelling unit occupied or capable of being occupied, in whole or in part as the home, residence or sleeping place of one or more persons either continuously, permanently, temporarily or transiently, but does not include a hotel, rooming house or institutional use.
90. Dwelling Unit
A suite of one or more inter-connected habitable rooms which:
 
a) Is used or intended for use in common by one or more persons as a single, distinct and self-contained housekeeping establishment;
 
b) Contains kitchen and bathroom facilities for the exclusive common use of the occupants thereof; and,
 
c) Is not a recreation vehicle or any vehicle.
91. Dwelling Unit Area  The habitable area contained within the inside walls of a dwelling unit, excluding any private garage, carport, porch, verandah, unfinished attic, cellar or sun room (unless such sun room is habitable in all seasons of the year), public or common walls or area, stairways or elevator shaft.
92. Dwelling Unit, Accessory A dwelling unit accessory to and located within or attached to a main building used for a permitted non-residential use on the same lot and occupied either by the owner of such lot or by a person employed thereon.
93. Dwelling Unit, Bachelor A dwelling unit containing bathroom facilities and not more than two habitable rooms used for living, dining, sleeping and cooking.
94.
Dwelling Unit, Primary
(By-law 2016-133Z)
A dwelling contained in the main building on a lot.
95. Dwelling Unit, Secondary
(By-law 2016-133Z)
A dwelling unit that is ancillary and subordinate to a primary dwelling unit that may be contained within the main building on a lot or in an accessory building.
96. Dwelling, Boarding House A single detached dwelling in which the owner or his agent resides and in which lodging for more than two persons other than members of the owner’s or agent’s family, in return for remuneration or for the provision of services or both and in which the guest rooms do not have bathrooms  and kitchen facilities for the exclusive use of the individual occupants but shall not include a motel, hotel, bed and breakfast, hospital, children’s home, long term care facility, retirement home or other similar establishment.
97. Dwelling, Duplex A dwelling containing two dwelling units, but does not include any dwelling erected as, or in the form of, a pair of semi-detached dwellings.
98. Dwelling, Linked One of a pair of semi-detached dwellings that are connected along at least 80 percent of the length of the foundation wall between each dwelling below grade.
99. Dwelling, Mobile Home A single dwelling that is designed to be mobile, and constructed or manufactured to provide a permanent residence for one or more persons in accordance with Canadian Standards Association Standard Z240, but does not include a park model home dwelling, travel trailer or tent trailer or trailer otherwise designed.
100. Dwelling, Modular A pre-fabricated dwelling unit manufactured at one location and delivered and assembled on another lot.
101. Dwelling, Multiple A dwelling which contains three or more dwelling units, with or without permitted non-residential uses, and includes any such dwelling wherein furnished dwelling unit accommodation is provided on a weekly or monthly basis, but does not include a row dwelling or a street townhouse dwelling.
102. Dwelling, Park Model Home A trailer designed for temporary human habitation intended to be used on a seasonal basis and meeting Canadian Standard Association Standard Z241.
103. Dwelling, Row
By-law 2015-72Z
By-law 2016-70Z
A dwelling which contains three or more dwelling units in a row, divided vertically from each other by common walls, which extend at least one storey above finished grade with each dwelling unit having separate private independent accesses directly to at least two yards.
104. Dwelling, Seasonal A single detached dwelling or mobile home dwelling erected and used as a secondary place of residence for seasonal vacations and recreational purposes and not as the principal residence of the owner or occupant thereof.
105. Dwelling, Semi-Detached One of a freestanding pair of single dwellings attached together horizontally in whole or in part above grade and divided vertically from each other by a common wall extending at least one storey above finished grade.
106. Dwelling, Single Detached A freestanding dwelling containing not more than one dwelling unit, but does not include a mobile home dwelling.
107. Dwelling, Street Townhouse One of a group of not less than three single dwelling units which are attached together horizontally in whole or in part above grade and divided vertically from each other by common walls extending at least one storey above finished grade and having private independent entrances to each dwelling unit directly from a yard with each dwelling located on a separate lot.
108. Easement An instrument that is registered on title which provides for the use of land subject to the easement for sewer, water, drainage, access or utility purposes and which may include a right-of-way in favour of a public authority.
109. Electric Power Generating Station A facility that generates electricity, but does not include a solar collector, solar farm, wind turbine or wind farm.
110. Emission Any corrosive or toxic gases, dust, fly ash, soot, vapours, noise, vibrations, electro-magnetic fields, heat, glare, odours, smoke or radiation issuing from a building, structure or lot.
111. Equestrian Event Facility  An area of land and buildings and structures used primarily for organized activities related to equine events and shows and may include a commercial riding school.
112. Erect To build, place, construct, reconstruct, relocate or alter by means of an addition, enlargement or extension, and includes any preliminary physical operation preparatory to such work including, but not so as to limit the generality of the foregoing, excavating, filling or draining, or structurally altering any existing building or structure by an addition, deletion, enlargement or extension.
113. Established Building Line When used in reference to a lot, the road setback of a main building existing thereon, exclusive of any stoops, decks, porches, balconies, exterior steps, architectural adornments or other projections of the type described in Section 4.2 of this By-law
114. Existing Existing as of the date of the enactment of the provision that contains that word.
EXIST has a corresponding meaning.
115. Extractive Use A mine, a pit, a quarry or a wayside pit or quarry as defined herein.
116. Farm Implement Sales Outlet The use of land, buildings or structures for the commercial sale, storage or repair of equipment and machinery directly associated with the farming operations and activities.
117. Farm Sales Outlet A building or structure, accessory to an agricultural use, where farm produce originating primarily on the same lot therewith is offered for retail sale in season.
118. Fence A structure which forms a barrier for enclosing, bounding, delineating or protecting land.
119. Filming Event
By-law 2016-70Z
Recording, except in an Audio/Visual Studio, for a feature film, television film, television program or series, documentary, paid advertisement, including but not limited to a commercial, music video, educational film, including the pre-production activities associated therewith but does not include, activities by news media related to the dissemination of information, location scouting or recording personal movies or photographs.
120. Financial Institution A premises in which financial services are offered to the public and includes a bank, credit union, trust company, savings office, investment advising or any other retail banking or investing operation.
121. Finished Grade
a) When used in reference to a wall of a building, the average elevation of the finished surface of the ground adjoining the base of such wall;
 
b) When used in reference to a building or structure, the average elevation of the finished surface of the ground where it meets the exterior face of such building or structure exclusive of any wells providing light or ventilation to basement areas and exclusive of any embankments, planters, or any other such structure placed or constructed along the base of any wall, building or structure.
122. Fitness Centre A premises in which facilities are provided for recreational or athletic activities such as body-building and exercise classes and may include associated facilities such as a sauna, a swimming pool, a solarium, a cafeteria and accessory retail uses.
123. Flood Plain An area of land susceptible to flooding due to an overflow of a waterbody in the event of a Regional Design Storm as defined by the Nickel District Conservation Authority and/or the Province of Ontario.
124. Floor Area The space on any storey of a building between exterior walls and required firewalls, including the space occupied by interior walls and partitions, but not including exits, vertical service spaces and their enclosing assemblies.
125. Floor Area, Gross The total area of all storeys of a building, other than an unfinished attic or unfinished basement measured between the outside surfaces of exterior walls.
126. Floor Area, Maximum Gross The total gross floor area of all buildings on a lot.
127. Floor Area, Net The aggregate of the floor areas of a building above or below finished grade, but excluding car parking areas within the building, stairways, elevator shafts, service/mechanical rooms and penthouses, washrooms, garbage/recycling rooms, staff locker and lunch rooms, loading areas, a public concourse or common hallway, any space with a floor to ceiling height of less than 1.8 metres and any part of a basement that is unfinished, is used solely for storage purposes and is not accessible to the public.
128. Floor Space Index (FSI) The gross floor area of all buildings on a lot divided by the lot area.
129. Florist A retail store where flowers and plants are sold or offered for sale to the public and such use may include the incidental raising and arranging of flowers and plants for sale in the store.
130. Food Processing Plant An industrial use where agricultural products are prepared, processed, preserved, graded or stored, and includes, without limiting the generality of the foregoing, a flour mill, dairy, soft drink manufacturing or bottling plant, brewery, bakery, catering establishment, grain elevator or egg grading station, but does not include a restaurant, or abattoir except where such uses are specifically permitted hereby.
131. Forestry Use
An area of land used for:

a) Cultivating or harvesting trees, with or without a sawmill where the sawing, splitting or sale of timber originates solely on the same lot therewith as uses accessory thereto;
 
b) The management of woodlands, including accessory uses such as the construction and maintenance of forest access roads;
 
c) The production of maple syrup; or
 
d) Passive outdoor recreation.
132. Fuel Depot An establishment engaged in the bulk storage, bulk sale or bulk delivery of combustible or inflammable solids, liquids or gases, with or without one or more tanks used for the bulk storage of such substances, but not including retail sales except key lock operations.
133. Funeral Home A building or part thereof used for furnishing funeral supplies and service to the public and includes facilities wherein human corpses are preserved or otherwise prepared for interment or cremation.
134. Garage, Mutual
By-law 2016-70Z
A detached private garage which accommodates at least two parking spaces and which is erected astride a common side lot line between two adjacent residential lots to which such private garage is accessory.
135. Garage, Private A fully enclosed building designed and used for the storage of one or more motor vehicles.
136. Garden Centre A retail store comprised of an outdoor or indoor area used primarily for the display and retail sale of plants, gardening and landscaping supplies and equipment but does not include the propagation of plants.
137. Garden Nursery An establishment engaged in both the propagation and retail sale of garden and landscaping supplies including, without limiting the generality of the foregoing, trees, shrubs, flowers, plants, seeds and bulbs, and the retail sale of garden and landscaping accessories including, without limiting the generality of the foregoing, fertilizers, weed-killers, pesticides, garden tools and lawn furnishings.
138. Garden Suite A one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to a single detached dwelling and that is designed to be temporary and/or portable.
139. Gas Bar A main or accessory automotive use where vehicle fuels and lubricants are offered for retail sale, and may include an accessory convenience store, but does not include any automotive use engaged in the sale, rental, storage or repair of vehicles, except where such use is specifically permitted hereby.
140. Gazebo A freestanding roofed building which is not enclosed, except for screening or glass and which is utilized for the purposes of relaxation in conjunction with a residential dwelling but shall not include any other use or activity otherwise defined or classified in this By-law.
141. Golf Course A public or private area operated for the purpose of playing golf, club house and recreational facilities, pro shop, accessory dining room, golf driving ranges and miniature golf courses, and similar uses.
142. Golf Driving Range An indoor or outdoor public or private facility dedicated to the driving of golf balls from fixed golf tees.
143. Gross Leasable Area The total floor area designed for commercial tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; measured from the centre line of joint partitions and from outside wall faces.
144. Group Home Type 1 A single housekeeping unit in a single detached dwelling in which residents live under responsible supervision consistent with the requirements of its residents and includes a home licensed or approved under the Provincial statute as a Special Care Residential Home, Supportive Housing Program, Adult Community Mental Health Program, Children’s home, Accommodation Services for the Developmentally Handicapped, Satellite Residences for Seniors and Homes for Physically Disabled Seniors, and a Crisis residence  in compliance with City By-laws.
145. Group Home Type 2
A single housekeeping unit in a single detached dwelling or dwelling unit within a building which shall be maintained and operated primarily for:

(a) Persons who have been placed on probation under the provisions of the Probation Act, the Criminal Code of Canada, or any Act passed to replace the forgoing Act, the Criminal Code of Canada, or any Act passed to replace the foregoing Acts;
 
(b) Persons who have been released on parole under the provisions of the Ministry of Correctional Services Act, or Parole Board of Canada or any Act passed to replace the foregoing Acts;
 
(c) Persons who have been charged under the Young Offenders Act but who have been placed in open or secure custody.
146. Guest Room A habitable room or suite of habitable rooms wherein accommodation, with or without meals, is provided for gain or profit to one or more persons, but which contains no facilities for cooking except where specifically permitted hereby.
147. Guest Room, Accessory A guest room accessory to, and located within, a dwelling.
148. Habitable Living Space or Habitable Room Any floor space used or capable of being used for human living, sleeping, cooking or eating purposes within a building.
149. Hardware Store A retail store engaged primarily in the indoor sale of hardware and home maintenance and improvement supplies.
150. Hazardous Waste Has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990.
151. Health Unit The Sudbury and District Health Unit as constituted under the Health Protection and Promotion Act, R.S.O. 1990, c.H.7, as amended.
152.
Heavy Equipment Sales And Rental
(By-law 2012-67Z)
(By-law 2018-40Z)
A building, structure or lot, or part thereof, where commercial vehicles, heavy machinery and equipment, are offered or kept for sale, rent, or lease or hire under agreement for compensation and may include the servicing and repairing of commercial vehicles and heavy machinery and equipment and the sale of replacement parts, but shall not include any other establishment defined or classified in this By-law.
153. Height or Building Height When used in reference to a building or structure, the vertical dimension or, where applicable the total number of storeys between the finished grade of the wall of such building or structure facing the front lot line and the highest point of the building or structure.
154. High Water Mark The mark made by the action of water under natural conditions on the shore or bank of any waterbody, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark.
155. Home Improvement Centre An establishment primarily engaged in the indoor sale of building or construction materials and home maintenance and improvement supplies and may include landscape and garden supplies and the sale of appliances, and includes a hardware store but does not include the premises of a construction contractor.
156. Home Industry
A business that,
 
(a)  Is carried on as a small-scale use that is accessory to a single dwelling or agricultural operation;
 
(b)  Provides a service such as carpentry, metalworking, welding, electrical work or blacksmithing, primarily to the  rural community; and,
 
(c) May be carried on in whole or in part in an accessory building.
157. Home Occupation An occupation, business, trade or craft conducted for gain or profit as an accessory use to a dwelling unit by one or more persons residing therein and may include not more than one person as an employee who does not reside in the dwelling unit.
158. Hospital
a) A "hospital" as defined in the Community Psychiatric Hospitals Act, R.S.O. 1990, c.C.21, as amended;
 
b) An "institution" or "sanitarium" as established by the provisions of the Ontario Mental Health Foundation Act, R.S.O. 1990, c.D.26, as amended;
 
c) A "private hospital" or "house" as defined in the Private Hospitals Act, R.S.O. 1990, c.P.24, as amended; or,
 
d) A "hospital" or "medical department" as defined in the Public Hospitals Act, R.S.O. 1990, c.P.40, as amended.
159. Hotel A building, group of buildings of parts thereof that provide sleeping accommodation for the travelling public or for recreational purposes, with or without accessory restaurants, banquet halls, facilities for the temporary exhibition and sale of goods on an intermittent basis, dining rooms, premises licensed under The Liquor License Act, and includes any establishment containing guest rooms which is defined as a "hotel" in the Hotel Registration of Guests Act, R.S.O. 1990, c.H.17, and shall also include a motel but does not include any residential or rooming house use.
160. Hunting or Fishing Camp A building or structure consisting of one or more rooms and may include facilities for the preparation of food and overnight accommodation on a temporary basis only during hunting or fishing seasons, but shall not include any other establishment or use as may be defined or classified in this By-law.
161. Impounding Yard A place to which motor vehicles, or other mobile equipment may be taken or towed and stored temporarily until reclaimed, but does not include any other use defined herein.
162. Indoor or Indoors Fully enclosed within a building.
163. Industrial Use
A building, structure, use or activity pertaining to:
 
a) The manufacturing, assembling, making, producing, blending, roasting, smelting, forging, preparing, milling, refining, inspecting, grading, sorting, classifying, screening, ornamenting, finishing, treating, tanning, cleaning, washing, drying, altering, repairing, restoring, processing, polishing, refinishing, packing, adapting, sawing, warehousing, stockpiling, storing, distributing, shipping, breaking up, crushing, demolishing, reprocessing, repairing, servicing or recycling of goods, substances, or articles and similar uses, including ores, minerals, aggregates and agricultural produce, or any part or parts thereof; or
 
b) The production or storage of building or construction equipment or materials, but does not include an extractive use, a salvage yard or any activity primarily associated with either a commercial use or an automotive use or with the supplying of personal services.
 
For the purposes of this definition, research laboratories and printing establishments are considered to be industrial uses. An automotive repair shop and an automotive service station are not considered to be industrial uses.
164. Industrial Use, Light
An industrial use engaged in, or used for:
 
a) Producing apparel and finished textile products, other than the production of synthetic fibres;
 
b) Warehousing or storing goods or materials indoors;
 
c) Printing, duplicating or bookbinding;
 
d) Manufacturing finished paper and allied products other than processing wood pulp;
 
e) Producing cosmetics, drugs and other pharmaceutical supplies;
 
f) Manufacturing finished lumber products, light metal products, light machinery, computer software, electronic products, finished plastic-ware, porcelain, earthenware, glassware or similar articles including, without limiting the generality of the foregoing, furniture, housewares, monuments, toys, musical instruments, jewellery, watches, precision instruments, filters, radios and electronic components, but does not include a tannery or any industrial use accessory to an extractive use.
165. Institutional Use A children’s home, a day care centre, a place of worship, a hospital, a private club, a non-profit or charitable institution, a group home type 1, a group home type 2, a special needs facility, a recreation and community centre, an arena, a public museum, a public library, a public business, a public fire hall, a public or private school other than a trade school, or any public use other than a public utility.
166. Intake Protection Zone
By-law 2016-70Z
Those lands located within the Intake Protection Zone 1 Scoring 10 for Ramsey Lake and Intake Protection Zone 1 Scoring 10 for the Vermilion River and Intake Protection Zone 1 Scoring 10, for the Wanapitei River and Intake Protection Zone 2 Scoring 8 for the Wanapitei River and Intake Protection Zone 3 Scoring 8 for the Wanapitei River as shown in the Greater Sudbury Source Protection Plan as approved by the Minister of the Environment and Climate Change on September 19, 2014.
167. Kennel An establishment where dogs, cats or other small domestic animals or household pets are bred or raised primarily for the purpose of sale, or are trained or boarded for gain or profit, but does not include a veterinary clinic.
168. Landing
(2013-161Z)
A platform with or without a roof having an area not exceeding 2.2 square metres and extending horizontally from the wall of a building not more than 1.25 metres, adjacent to a door and providing direct access to the ground or a stair except for a landing required to be barrier-free which is permitted to be 1.67 metres by 1.67 metres as per the Ontario Building Code.  A landing shall also include a platform without a roof having an area not exceeding 2.2 square metres situated between flights of stairs.
169. Landscaped Open Space
An area of open land used and maintained for:
 
a) The growth and cultivation of grass, flowers, shrubs, trees and other vegetation;
 
b) The conservation of natural features, including rock formations, waterbodies and woodlots; or,
 
c) The provision of landscaping features including, but not necessarily restricted to, planting strips, retaining walls, outdoor recreation facilities, play areas, permitted outdoor swimming pools, surfaced walks and patios, but does not include any areas used as a parking area, driveway, loading space, outdoor storage area or any space beneath or within any building or structure.
170. Laundromat  A self-serve clothes washing establishment containing one or more washers and drying, ironing, finishing or other incidental equipment, and laundry receiving depot.
171. Legal Existing or Legally Existing
a) When used in reference to a use, lot, building or structure, mean:
 
1. A use, lot, building or structure existing lawfully as of the date of passing of this By-law; or
 
2. A building or structure the plans for which were approved prior to the passing of this By-law.
 
b) When used in reference to a registered lot, means a registered lot which:
 
1. Is or has been held under distinct and separate ownership from abutting registered lots continuously from the date of passing of this By-law;
 
2. Was subject to consent approved pursuant to The Planning Act, R.S.O. 1990, Chapter P.13 prior to the date of passing of this By-law, and was subsequently severed; or
 
3. Is located in a plan of subdivision registered prior to the date of passing hereof.
172. Library A premises containing printed, electronic and pictorial material for public use for purposes of study, reference and recreation.
173. Light Equipment Sales And Rental Establishment A building or structure or part of a building or structure in which light machinery and equipment such as air compressors and related tools and accessories; augers; automotive tools; cleaning equipment; light compaction equipment; concrete and masonry equipment; electric tools and accessories; fastening devices such as staplers and tackers; floor and carpet tools; gasoline generators; jacks and hydraulic equipment; lawn and garden tools; ladders; moving equipment; painting and decorating equipment; pipe tools and accessories; plumbing tools and accessories; pumps; hoses; scaffolding; welding equipment; and, other similar tools and appurtenances are offered or kept for rent, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law.
174. Liquid Industrial Waste Has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990.
175. Livestock Includes dairy, beef, swine, poultry, horses, goats, sheep, ratites, fur-bearing animals, deer and elk, game animals, birds and other animals identified in Table 1 of the Minimum Distance Separation Implementation Guidelines, as developed by the Ontario Ministry of Agriculture and Rural Affairs, as amended from time to time.
176. Loading Space An off-street space or berth located on the same lot as a permitted use and used for the parking of a vehicle loading or unloading merchandise or materials pertinent to such use.
177. Long Term Care Facility A premises licensed as a long-term care home under the Long-Term Care Homes Act, 2007, S.O. 2007, c.8.
178. Lot An area of land under one ownership, other than a road, which may be used as the site of one or more main buildings, structures or uses, together with any building, structures or uses accessory thereto, regardless of whether or not such area of land constitutes a registered lot.
179. Lot, Corner  A lot located directly adjacent either to an intersection of two or more roads, an intersection of a road and an unopened road allowance of the municipality, or to a bend in a road, where the said intersection or bend has an interior angle, measured along the street lines of such lot, of not more than 135 degrees, but does not include any lot having three or more distinct interior side lot lines where such lot is so shaped that, if it were deemed to be an interior lot, the lot frontage of such lot would be less than the lot depth thereof.
180. Lot, Interior Any lot which abuts an assumed or public road but which is not a corner lot.
181. Lot, Landlocked A lot which does not abut an assumed or public road, other than a waterfront lot.
182. Lot, Registered
A parcel of land under one ownership which:
 
a) Is shown as a lot or block on a registered plan of subdivision; or,
 
b) Comprises all the land described in a document legally capable of conveying an interest in land by way of deed, transfer, mortgage, charge, agreement of sale and purchase or otherwise.
 
But does not include a parcel of land created as a reserve or a road, or for the purpose of realigning or adjusting a common property boundary between abutting land holdings.
183. Lot, Serviced A lot which is serviced by both a public water system and a public sanitary sewer system.
184. Lot, Through An interior lot abutting two or more roads.
185. Lot, Through Waterfront A waterfront lot having two or more separate shorelines.
186. Lot, Unserviced A lot which is not a serviced lot.
187. Lot, Waterfront A lot which abuts a shoreline but has no street line.
188. Lot Area The total horizontal area within the lot lines of a lot, excluding any part of a navigable waterbody.
189. Lot Coverage
(2013-161Z)
That proportion of the lot area covered by all buildings including accessory buildings which are above ground level and open-sided roofed porches, however, excluding uncovered decks, patios, balconies, landings, steps, swimming pools and hot tubs. (By-law 2011-49Z)
190. Lot Depth The horizontal distance between the midpoints of the front and rear lot lines, and where there is no rear lot line, the length of a line within the lot between the midpoint of the front lot line and the apex of a triangle formed by the side lot lines.
191. Lot Frontage
The horizontal distance between the side lot lines of a lot, such distance being measured:
 
a) Along a line perpendicular to the side lot lines, in the case either of a lot having parallel side lot lines or of a corner lot having a bent corner but where the side lot lines are parallel except for such bend; or,
 
b) Along a line which is parallel to, and 6.0 metres distant from, the front lot line, in any other case.
192. Lot Line Any boundary of a lot or the vertical projection thereof.
193. Lot Line, Exterior Side The side lot line of a corner lot which is also a street line.
194.
Lot Line, Front
(2013-161Z)
a) In the case of an interior lot other than a through lot, the street line of such lot.

b)    In the case of a corner lot where:

1. The street lines are not of equal length, the shorter street line;

2. Where the street lines are of equal length, either street line shall be deemed a front lot line provided that the resulting lot frontage of the said lot does not exceed the resulting lot depth thereof.
 
3. Where the street lines meet in a curve or in a series of straight lines which together form a bend, the street line shall be deemed to include the projection of a straight street line, or in the case of a curve, the projection of the tangent of the curve to their point of intersection.
 
c) In the case of a through lot, any one street line of such lot, other than a street line abutting a reserve established by a public agency to restrict or control access to an abutting road from such lot.
 
d) In the case of a waterfront lot, the shoreline of the lot.
 
e) In the case of a through waterfront lot, the longest shoreline of such lot.
195. Lot Line, Interior Side A side lot line which is not a street line.
196. Lot Line, Rear The lot line farthest from, and opposite to and lying within 45 degrees of parallel to a line joining the two end points of the front lot line; except that where no lot line lies within 45 degrees of parallel to a line joining the two end points of the front lot line, the meeting point of such lines farthest from the front lot line shall be deemed the rear lot line.
197. Lot Line, Side A lot line which is not a front lot line or rear lot line.
198. Main
When used to describe a use, building or structure:
 
a) A use of structure which constitutes, or a building in which is conducted, a principal use of the lot where such use, building or structure is located.
 
b) When preceded by the word “the”, the use or structure which constitutes, or the building in which is conducted, the foremost use of the lot where such use, building or structure is located.
199. Main Building Facade The front wall of the building on the ground floor that contains the front door to the house. In the case of a corner lot where the front door faces the corner side yard, the main building facade shall mean the ground floor wall of the habitable (non-garage) portion of the dwelling.
200. Manufacturing, Light An industrial use engaged in or used for the assembly or repair or fabrication of goods and materials utilizing materials which have been manufactured in another location and which does not produce waste water in excess of 4500 litres per day, chemical by-products or utilize an area for outdoor storage of goods or materials except for equipment or vehicles which are for sale, lease or hire.
201. Marina A commercial establishment, located adjacent to a navigable waterbody, which provides services or supplies primarily to boaters and which consists of boat docking, launching or storage facilities or mooring slips together with one or more boat-related commercial uses including, but not necessarily restricted to, a boat sales or rental establishment, a boat storage shed, a boat service station, a boat repair shop and may include gasoline pump facilities for the fuelling of marine crafts.
202. Medical Marihuana Production Facility 
(By-law 2014-113Z)
A building or structure or part thereof that is used for growing, producing, processing, testing, destroying, storing, packaging or shipping of marihuana or cannabis authorized by a license issued by the Federal Minister of Health under the Controlled Drugs and Substances Act SC 1996, c 19, as amended but shall not include any other establishment or use as may be defined or classified in this By-law.
203. Mine A mine within the meaning of the Mining Act, R.S.O. 1990, c.M.14, as amended.
204. Mobile Home Dealership An establishment where mobile home dwellings are offered or displayed for sale to the general public.
205. Mobile Home Park A lot containing two or more mobile home dwellings on separate mobile home sites, with or without buildings, structures or uses accessory thereto including, without limiting the generality of the foregoing, a mobile home dealership.
206. Mobile Home Site An area of land within a mobile home park that is used as the site of, and pertains to, not more than one mobile home dwelling.
207. Model Home A dwelling unit that is used on a temporary basis to sell and/or display dwelling units that are for sale.
208. Modular Building Dealership
(By-law 2012-67Z)
A premises where modular dwellings and modular buildings are available for viewing or sale, and may include an accessory outdoor display and sales area.
209. Motel  A premises that contains rooms with no private cooking facilities that are rented on a temporary basis to the public with each room being accessed from the outside.
210. Mountain Bike Facility An area of land with trails used by non-motorized mountain bikes and which may include, as accessory uses, a restaurant, a club house, a retail store selling mountain bike equipment and accessories, a fitness centre, a dwelling unit for an owner/caretaker and other buildings or structures devoted to the maintenance, administration and operation of the mountain bike facility.
211. Municipality The Corporation of the City of Greater Sudbury.
212. Museum Buildings used, or to be used for the preservation of a collection of paintings or other works of art, or of objects of natural history, or of mechanical, scientific or philosophical inventions, instruments, models or designs, and dedicated to the recreation of the public, together with any libraries, reading rooms, laboratories and other offices and premises used or to be used in connection therewith.
213. Non-Complying When used in reference to a lot, building or structure, means a lot, building or structure which does not comply with, one or more of the provisions of this By-law.
214. Non-Conforming

When used in reference to a use, lot, building or structure, a use, lot, building or structure which does not conform to, or comply with, one or more of the provisions of this By-law, or which is not permitted herein.

NON-CONFORMITY has a corresponding meaning.

215. Non-Profit or Charitable Institution An institution or organization which is incorporated as a “non-profit institution” under the Corporations Act, R.S.O. 1990, c.C.38, as amended, or to which the Charitable Institutions Act, R.S.O. 1990, c.C.9, as amended, applies, or the premises of any such institution.
216. Obnoxious Use A use which, from its nature or operation, creates a nuisance or is liable to become a nuisance or offensive by the creation of noise or vibration, or by reason of the emission of gas, fumes, dust or objectionable odour, or by reason of the matter, waste or other material generated by the use, and without limiting the generality of the foregoing, shall include any uses which may be declared to be a noxious or offensive trade or business.
217. Off-Street Parking Space A portion of a building or lot designated by the occupant or owner for use for the parking of a motor vehicle.
218. Office Includes a business office, medical office, and professional office.
219. Office, Business A building or part thereof in which one or more persons is employed in administering, consulting, managing, directing or conducting a public or private agency, a professional office, a business, a brokerage or a labour or fraternal organization, and includes, without limiting the generality of the foregoing, an office accessory to a permitted non-residential use, a bank or other financial institution, a data processing establishment, a non-governmental or not-for-profit organization, the premises of a courier service, a newspaper publisher, or a real estate or insurance agent, but does not include a retail store, medical office or veterinarian's clinic.
220. Office, Medical An office used for the medical, dental, surgical and/or therapeutic treatment of human beings including clinics operated by a number and/or variety of medical professionals, but does not include a public or private hospital or office located in the medical professional's residence.
221. Office, Professional The business premises of one or more persons duly qualified, licensed or registered under the laws of the Province of Ontario to be members of a self-regulating profession, but does not include a business office, medical office or a veterinary clinic.
222. Open Space Use An outdoor recreation area, agricultural use, forestry use, golf course, golf driving range or a park.
223. Outdoor Display And Sales An outdoor area where produce or merchandise is displayed and/or sold and/or where services are provided in conjunction with a business located within a building or structure on the same lot.
224. Outdoor, Outdoors or Open Outside a building or not underground.
225. Outdoor Recreation Area Land used for the commercial or non-commercial purposes of skiing, hiking and other sports activities that rely on the natural landscape but shall not include a golf course, golf driving range or the racing of animals, motor vehicles, motorcycles  snowmobiles or the use of any other motorized vehicles.
226. Outdoor Furnace An appliance located outside of any building or structure, which it is intended to heat by combustion.
227. Outdoor Storage The storage of goods and materials including vehicles for hire or sale, outside a building.
228. Park An area of public land used primarily for active or passive recreational purposes of any kind or as a conservation area, including any buildings and structures accessory thereto.
229. Parking Aisle That part of a parking area which provides on site access to parking spaces, but does not include a driveway.
230. Parking Area
(By-law 2012-67Z)
An outdoor, indoor or underground area which is provided on a lot for the parking of one or more vehicles and includes parking aisles, but does not include driveways or any area where vehicles for sale or repair are kept or stored.
231. Parking Area or Parking Lot, Outer Boundary of a The outer limit of any paved or gravel surface where parking spaces and parking aisles are located, but shall not include any loading space, access exclusively to a loading space, ingress or egress lanes, queuing lane, planting strip abutting a lot line, or any parking structure.
232. Parking Lot A parking area which constitutes a main use on a lot and where vehicles are parked for remuneration.
233. Parking Space
(By-law 2012-67Z)
That portion of a parking area, exclusive of any driveway or parking aisle, which is used for the parking of not more than one vehicle.
234. Parking Structure A building or structure above or below finished grade which contains a parking area as the main use thereof.
235. Patio A platform or surfaced area without a roof, the surface of which is less than 0.6 metres above finished grade, which is designed and intended for use as an accessory to a dwelling or a commercial use. (By-law 2011-49Z)
236. Pergola An open-roofed structure of parallel columns placed at regular intervals supporting gurters and cross-rafters.
237. Person An individual, association, firm, partnership, corporation, trust, incorporated company, corporation created under The Condominium Act, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law.
238. Personal Service Shop A building or part thereof wherein a personal service is performed, including, but not necessarily restricted to, a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop, a dry cleaning depot, a laundromat, a photographic studio or the premises of an optician, but does not include any other used defined herein.
239. Pesticide Any organism, substance or thing that is manufactured, represented, sold or used as a means of directly or indirectly controlling, preventing, destroying, mitigating, attracting or repelling any pest or of altering the growth, development or characteristics of any plant life that is not a pest and includes any organism, substance or thing registered under the Pest Control Products Act (Canada).
240. Pet Grooming Establishment A building or part thereof wherein cleaning, clipping and other grooming services are provided for domestic pets, but shall not include a veterinary clinic or kennel.
241. Pharmacy A building or part thereof where drugs are prepared and dispensed, but shall not include a drug store or retail store.
242. Pit Any lands where unconsolidated gravel, stone, sand, earth, clay, fill, peat or other earthen material is being or has been removed by means of an excavation as defined in the Aggregate Resources Act, R.S.O. 1990, c.A.8, as amended, but does not include a wayside pit.
243. Place of Amusement A commercial establishment where indoor facilities are provided for participatory entertainment and amusement activities, or where exhibits are displayed for gain or profit, and includes, without limiting the generality of the foregoing, a bowling alley, pool hall, billiards parlour, arcade or game establishment, pinball arcade and wax museum.
244. Place Of Worship A building owned or occupied by a bona-fide religious congregation or religious organization and dedicated exclusively to worship and related religious social and charitable activities, including churches, chapels, temples, parish halls and synagogues including assembly halls, offices for the administration of the religious institution, convents, seminaries, monasteries, rectories, parsonages and parish houses recognized in the Province of Ontario.
245. Planting Strip An area that is used for no other purpose than landscaped open space.
246. Porch
(By-law 2012-67Z)
A structure with a roof and atleast one side that is open and unenclosed, that is accessed by stairs from grade and which provides access to a dwelling.
247. Portable Asphalt Plant
 A temporary facility, to be dismantled at the completion of a construction project, where:
 
(a)  Equipment is used to heat and dry mineral aggregate and to mix it with bituminous asphalt to produce asphalt paving material; and,
 
(b)  Bulk materials used in the process described in clause (a) are kept.
248. Premises An area of a building occupied or used by a business or enterprise.  In a multiple tenancy building occupied by more than one (1) business, each business area shall be considered a separate premises. Each individual unit proposed and/or registered in a draft Plan of Condominium shall also be considered a separate premises.
249. Principal Use The primary purpose for which a lot, building or structure is used, or is intended to be used.
250. Private Not public.
251. Private Cabin An accessory building used for temporary human habitation but containing no cooking facilities.
252. Private Camp An establishment that provides reserved accommodation in the form of cabins, rooms or campsites, which is not open to the travelling public, and has centralized facilities for dining and recreation, and provides recreational, religious or educational programs.
253. Private Club A building or part of a building used as a meeting place for members of a chartered organization and shall include a lodge, a service club, a fraternity or sorority house, a guest house, a labour union hall and facilities of the YMCA, YWCA, YMHA, YWHA.
254. Private Home Daycare The use of a dwelling unit for the temporary care and/or guidance of five children or five senior citizens or less, for a continuous period not exceeding 24 hours.
255. Provincial Highway A public improved road under the jurisdiction of the Ministry of Transportation.
256. Public When used in reference to a building, structure, use or lot, a building, structure, use or lot that is owned, occupied, used or administered by a public agency.
257. Public Agency
a) The Government of Canada, the Government of Ontario, the City of Greater Sudbury or any other municipal corporation.
 
b) Any ministry, department, commission, corporation, authority, board or other agency established from time to time by the Government of Ontario, the City of Greater Sudbury or any other municipal corporation; or,
 
c) Any public utility.
258. Public Utility
a) Any agency, corporation, board or commission, or any department of a public agency providing electricity, gas, steam, water, telegraph, telephone, cable television, transportation, drainage or sewage or refuse collection and disposal services to the general public, and includes, without limiting the generality of the foregoing, any railway company subject to the Railway Safety Act, R.S.C. 1985, c.32 (4th Suppl.), as amended; or,
 
b) Any use, other than an office, pertaining directly to the provision of such services by any such agency, corporation, board, commission or department, and includes, without limiting the generality of the foregoing, any public works yard or automotive use associated therewith.
259. Public Works Yard Any land, building and/or structure owned by a public agency and used for the storage, maintenance and/or repair of material, equipment, machinery and/or motor vehicle used in connection with civic works.
260. Quarry A “quarry” as defined in the Aggregate Resources Act, R.S.O. 1990, c.A.8, as amended, but does not include a wayside quarry.
261. Queuing Lane An area of land that is used exclusively for motor vehicles whose occupants are waiting to be provided with goods, materials or services.
262. Queuing Space A space within a queuing lane used exclusively for the staging of vehicles utilizing a drive through service facility.
263. Race Track An area of land, other than a road, used primarily for the sports of racing horses or dogs or racing vehicles including, without limiting the generality of the foregoing, racing cars, stock cars, go-carts and motorcycles, with or without related bleachers, spectator stands, refreshment booths, restaurants, stables or other structures or uses accessory thereto.
264. Ramsey Lake Watershed
By-law 2016-70Z
Those lands located within the boundary of the Ramsey Lake Watershed as shown in the Greater Sudbury Source Protection Plan as approved by the Minister of the Environment and Climate Change on September 19, 2014
265. Recreation Centre, Commercial An establishment where participatory athletic, recreational or physical fitness facilities are provided for gain or profit, and includes without limiting the generality of the foregoing, a commercial fitness centre and exercise spa or club, a commercial ice or roller skating rink, a commercial squash, tennis or golfing facility and a commercial outdoor recreation area, but does not include a riding stable, place of amusement or amusement park.
266. Recreation and Community Centre A building or structure, or part thereof, owned or operated by a private club, a non-profit or charitable institution or a public agency including a facility developed or operated as a public-private partnership, where facilities are provided primarily for athletic or recreational activities or events, and includes, without limiting the generality of the foregoing, an arena and a public pool.
267. Recreational Amenities Shall include such facilities as common television rooms, common card rooms, common assembly rooms, hobby rooms, billiard rooms, table tennis rooms, racquet ball courts, swimming pools, health clubs, sauna rooms and decks.
268. Refreshment Pavilion A building, structure or facility, designed, intended or used for the sale of food or refreshments to the general public and from which food or refreshment is made available to the customer. No provision is made for consumption of the food or refreshment by the customer within the building.
269. Rental Store A retail store in which a building, or part of a building where goods are kept for the purpose of temporary loan to the public and shall include a light equipment sales and rental establishment. A sum of money is paid for the use of the goods for a set period of time and after which the goods are returned. However, a rental store shall not include an automotive leasing establishment or heavy equipment sales and rental.
270. Required

Required by this By-law.

REQUIREMENT has a corresponding meaning.

271. Reserve A strip of land abutting a public road and owned by the authority having jurisdiction over such public road.
272. Residential Building
a) A building containing one or more dwelling units as the main use thereof;
 
b) A private cabin accessory to a dwelling
 
c) A rooming house; or,
 
d)    A retirement home.
but does not include any building which is located in a Commercial Zone and contains a non-residential use as a main use on the ground floor.
273. Residential Building, Non- A building which is not a residential building.
274. Residential Density The number of dwelling units per hectare of lot area on a lot containing a dwelling.
275. Residential Lot A lot containing a permitted residential building as the main use thereof and located in a Residential Zone or in any of the Rural Zones or Other Zones included in Parts 9 and 10 of this By-law.
276. Residential Lot, Non- A lot which is not a residential lot.
277. Residential Use The use of land and buildings for human habitation including a dwelling, dwelling unit, rooming house and retirement home or any use accessory thereto.
278. Residential Use, Non- A use which is not a residential use.
279. Restaurant A premises in which the principal business is the preparation and serving of food and refreshments to the public for consumption at tables within or outside the building and which may include the preparation of food in a ready-to-consume state for consumption outside of the premises.
280. Restaurant, Take-out A place where food and drinks are prepared and offered for sale to the public but does not necessarily provide facilities for consumption thereof on the premises other than in parking areas.
281.

Retail Store
(By-law 2017-90Z)

A building, structure or lot, or part thereof, where goods, wares, merchandise, commodities, substances, foodstuffs, articles or things of any kind are stored, kept, offered or displayed for retail sale or rental to the general public, and includes, without limiting the generality of the foregoing, any use defined herein as a form of “retail store” but does not include any other use defined herein.
282. Retaining Wall A wall built as a grade separation structure.
283. Retirement Home A premises that provides guest rooms primarily designed for retired persons or residents thereof who require nursing and or homecare where each private bedroom or living unit has a separate private bathroom and separate entrance from a common hall but where common facilities for the preparation and consumption of food are provided, and where common lounges, recreation rooms and medical care facilities may also be provided.
284. Road, Assumed or Road, Public A public thoroughfare for vehicular and pedestrian traffic which is assumed and maintained year-round by and under the jurisdiction of the City of Greater Sudbury or the Province of Ontario.
285. Road, Arterial A road which is classified as a primary arterial road, secondary arterial road or tertiary arterial road from time to time by the City of Greater Sudbury.
286. Road, Private A private thoroughfare for vehicular and pedestrian traffic not under the jurisdiction of the City of Greater Sudbury or the Province of Ontario that is not a private access road.
287. Road, Private Access A private right-of-way over private or public property or a roadway over Crown Land which affords legal access to abutting lots and is not maintained by a public body.
288. Road, Seasonal A public thoroughfare for vehicular and pedestrian traffic which is assumed and maintained, but not year-round by/and under the jurisdiction of the City of Greater Sudbury or the Province of Ontario.
289. Road, Unassumed A public thoroughfare for vehicular and pedestrian traffic under the jurisdiction of the City of Greater Sudbury or the Province of Ontario but not assumed by either body for maintenance purposes.
290. Rooming House A building or part thereof which contains one or more guest rooms as the main use thereof which may include a shared kitchen and where accommodation, with or without meals, is provided for gain or profit, but does not include a hotel, motel, group home type 1, group home type 2, retirement home or any dwelling or institutional use.
291. Salvage Or Wrecking Yard
(By-law 2012-67Z)
A place used for the wrecking or disassembling of vehicles or the storage, collecting, sale or resale of such wrecked or disassembled vehicles; a place where second-hand goods, including waste paper, bottles, automobile tires, clothing, other scrap materials and salvage are collected to be sorted and a place where used lumber and used building materials are stored, collected or sold.
292. Sanitary Sewer System, Public A system of underground conduits and related appurtenances, operated by the City or other public agency, which carries sanitary sewage or industrial waste to a sewage treatment facility.
293. Sauna An accessory building or structure wherein facilities are provided for the purpose of a sauna bath, either dry or wet, and may include a change/relaxation room, storage areas and a washroom but not a kitchen or sleeping facilities.
294. Sawmill A building, structure or areas where timber is cut or sawed to finished lumber.
295. School A public school, an elementary school, secondary  school, private school, continuation school, technical school, vocational school, college, university or other educational institution, authorized by the Province of Ontario, but not a commercial school or commercial riding school and includes without limiting the generality of the foregoing, a day care centre or boarding school having accessory dormitory facilities.
296. School, Commercial
(By-law 2014-235Z)
A school conducted for gain or profit such as a studio of dancing, art school, music school, drama school, school of calisthenics, business or trade school, training centre or any other specialized school but shall not include a school or a commercial riding school as defined in this By-law or a private academic, religious, or philanthropic school.
297. School, Commercial Riding An area of land and buildings that are used as an educational or recreational centre for horse training, handling, care, or for the lodging of horses for hire or gain.
298. School, Private A school, other than a public school, commercial school, or commercial riding school under the jurisdiction of a private non-profit board of trustees or governors, a bona fide religious organization or a non-profit or charitable institution.
299. School, Public A school under the jurisdiction of a public agency.
300. School, Trade A public school, private school or commercial school where the courses of instruction relate primarily to industrial arts and vocational and technical subjects, with or without the accessory wholesale or retail sale or articles manufactured on the premises or the supplying of non-personal services or crafts to the public in the manner of a service trade or a service shop, provided that such articles, services or crafts are directly related to a course of instruction conducted by the said school.
301. Scientific or Medical Laboratory A building or part thereof wherein scientific or medical experiments, tests, researches or investigations are systematically conducted and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments, tests or investigations are manufactured or otherwise prepared for use on the premises.
302. Service Shop A building or part thereof wherein articles or goods, other than vehicles or industrial equipment, are repaired or serviced, or where replacement parts for such articles or goods are offered for sale.
303. Service Trade An establishment which provides a non-personal service or craft to the general public, including, but not necessarily restricted to, a make-your-own beer and/or wine establishment, a service shop, a custom print or copy shop, a dry cleaning or laundering establishment, a monument engraving shop or the business premises of a printer, plumber, tinsmith, craftsman, painter, carpenter, cabinet maker, electrician, taxidermist, pet grooming establishment, pest exterminator, roofer, insulation installer, furrier, weaver, upholsterer, interior decorator, caterer, engraver, cleaner or locksmith, but does not include a building supply and lumber outlet, contractor’s yard, automotive use, transport terminal or funeral home.
304. Setback The distance between a lot line and the nearest main wall of any building or structure.
305. Setback, Road The shortest horizontal dimension between a street line and the nearest part of any main building or structure on a lot, and includes the width or depth of any exterior yard as defined herein.
306. Setback, Waterbody The shortest horizontal dimension between a waterbody and the nearest part of a building or structure on a lot.
307. Sewage Disposal System, Private A sewage treatment service or facility that is not owned and operated by a public agency or an organization acceptable to the Director responsible for issuing a Certificate of Approval under the Ontario Water Resources Act, R.S.O. 1990, c.O.40, as amended.
308. Sewage Services or Facility A building or structure, approved by the Ontario Ministry of the Environment for the collection, transmission, storage and treatment of sanitary sewage or industrial waste.
309. Shopping Centre A group of commercial establishments designed, developed and managed as a unit by a single owner or tenant, or group of owners and tenants, for which parking is provided in common off-street areas with a minimum gross floor area of 4650 m².
310. Shoreline
Any lot line or part thereof which abuts:
 
a) The high water mark of a navigable waterbody; or,
 
b) A Crown Land shoreline reserve.
311. Shoreline Buffer Area An area of open land, abutting a shoreline, maintained in a naturally vegetated self-sustaining state including natural rock formations and for purposes of clarity does not include an area which is maintained as a lawn.
312. Sight Triangle
That triangular portion of a lot which:
 
(a) Is situated adjacent to an intersection at grade either of two or more roads or of a road and a railway right-of-way; and
 
(b) Is delineated by:
1. The two intersecting lot lines abutting such roads or such road and such railway right-of-way, and
 
2. A straight line drawn to connect a pair of points located on the said lot lines at a distance specified herein from their point of intersection, 
 
provided that where the said lot lines do not intersect a point, their point of intersection shall be deemed, for the purposes of this definition, to be the point of intersection of the projected tangents to the said lot lines, drawn through their extremities.
313. Site Plan Control Agreement Any agreement entered into by an owner of land and pursuant to a site plan control by-law.
314. Site Plan Control By-law Any by-law of the City of Greater Sudbury passed pursuant to Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
315. Source Materials, Agricultural

Any of the following treated or untreated materials, other than compost that meets the Ministry of the Environment “Interim Guidelines for the Production and Use of Aerobic Compost in Ontario” (2004) guidelines, or a commercial fertilizer, if they are capable of being applied to land as nutrients:

1. Manure produced by farm animals, including associated bedding materials.

2. Runoff from farm-animal yards and manure storages.

3. Washwaters from agricultural operations that have not been mixed with human body waste.

4. Organic materials produced by intermediate operations that process materials described in paragraph 1, 2 or 3.

5. Anaerobic digestion output, if,

i. the anaerobic digestion materials were treated in a mixed anaerobic digestion facility,

ii. at least 50 per cent, by volume, of the total amount of anaerobic digestion materials were on-farm anaerobic digestion materials, and

iii. the anaerobic digestion materials did not contain sewage biosolids or human body waste.

6. Regulated compost as defined in subsection 1 (1) of Ontario Regulation 106/09 (Disposal of Dead Farm Animals) made under the Clean Water Act, 2006, S.O. 2006, c.22.

316. Source Materials, Non-agricultural

Any of the following materials, other than compost that meets the Ministry of the Environment “Interim Guidelines for the Production and Use of Aerobic Compost in Ontario” (2004) guidelines, or a commercial fertilizer, if the materials are intended to be applied to land as nutrients:

1. Pulp and paper biosolids.

2. Sewage biosolids.

3. Anaerobic digestion output, if less than 50 per cent, by volume, of the total amount of anaerobic digestion materials that were treated in the mixed anaerobic digestion facility were on-farm anaerobic digestion materials.

4. Any other material that is not from an agricultural source and that is capable of being applied to land as a nutrient.

317. Special Needs Facility Housing, including dedicated facilities, that are designed to accommodate individuals with specific needs and includes a crisis residence, long term care facilities and retirement homes, where varying degrees of support services are provided including meal preparation, laundry, housekeeping, respite care and attendant services.
318. Stadium An area of land used primarily for spectator sports events, together with related bleachers, spectator stands, refreshment pavilions, restaurants, taverns, stables or other structures or uses accessory thereto but does not include an arena.
319. Stockyard Lands, buildings and structures used for the sale and distribution of livestock.
320. Stoop A roofless, unenclosed outdoor structure, with or without steps, consisting of a platform or deck and connecting to an exterior door on the ground floor of a dwelling, regardless of whether or not a cellar or part thereof is located beneath such structure.
321. Storey A horizontal division of a building from a floor to the ceiling directly above such floor, regardless of whether or not such floor constitutes an overhanging mezzanine, a gallery or a balcony, and includes an attic, basement or cellar but does not include any crawl space or other area that is, for all intents and purposes, unusable by virtue of its inaccessibility.
322. Storey, First or Ground Floor
The storey whose:
 
a) Finished ceiling is located at least 1.8 m above finished grade; and,
 
b) Finished floor level is situated closer to finished grade than that of any other such storey in the same building.
323. Storey, Full A first storey or any storey located above a first storey, but shall not include an attic.
324. Storey, Second or Second Floor The storey directly above the first storey of a building.
325. Storm Sewer System, Public A system of conduits, ditches and related appurtenances, under the jurisdiction of the City of Greater Sudbury, or other public agency, which carries storm surface water and storm drainage but not sanitary sewage or industrial waste.
326. Stormwater Management Pond A detention basin that temporarily stores or treats collected stormwater runoff and releases it at a controlled rate.
327. Street Line A lot line dividing a lot from a public road and is the limit of the road allowance.
328. Structure Anything that is erected, built or constructed of parts joined together and attached or fixed permanently to the ground or any other structure. For the purpose of this By law, a retaining wall that has a height of 1.0 m (3.28 feet) or less, a light standard, railway or any paved surface directly on the ground  and a sign shall be deemed not to be structures.
329. Suite A single room or series of rooms of complementary use, operated under a single tenancy and includes dwelling units, individual guest rooms in motels, hotels, boarding house dwellings, rooming houses and dormitories as well as individual stores and individual or complementary rooms for business and personal services occupancies.
330. Swimming Pool A structure which is located on or in or above the ground, or within a building, and which is capable of containing an artificial body of water for swimming, wading, diving or recreational bathing with a water depth of 0.6 m or more at its deepest point.
331. Tailor or Dressmaking Shop A building or part thereof which is used primarily for the custom manufacture, alteration or repair of articles of clothing for individual clients, but does not include any establishment primarily engaged in the retail sale of clothing manufactured elsewhere or the manufacture of clothing for distribution to retail stores, or where clothes are altered primarily by dyeing or the addition of appliqués.
332. Tannery An industrial use engaged in the conversion of hides or skins into leather, but does not include the premises of a taxidermist.
333. Tavern A building or structure or part thereof that is primarily used for the sale and service of alcoholic beverages with or without entertainment and shall not include a restaurant.
334. Taxi Stand A building, structure or lot where chauffeured passenger automobiles are kept for hire.
335. Temporary Building A building or structure intended for removal or demolition within a prescribed time as set out in a building permit application.
336. Theatre Means a place of public assembly intended for the production and viewing of the performing arts or the screening and viewing of motion pictures and consisting of an auditorium with permanently fixed seats solely for a viewing audience.
337. Trailer A vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home dwelling, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn.
338. Trailer, Travel Or Tent Any trailer which is designed to be temporarily utilized for living, shelter and sleeping accommodation, with or without cooking facilities and which has running gear and towing equipment permanently attached and a current license and is not permanently affixed to the ground.
339. Transit Station A building or structure or a portion thereof or an area of land that is used for the temporary parking of transit vehicles and the picking up and dropping off of passengers using a public transit system.
340. Transport Terminal Any premises where commercial vehicles are kept for hire, rental or lease, or are stored or parked for remuneration, or from which commercial vehicles are dispatched for hire as common carriers and includes the premises of a moving business. (By-law 2011-49Z)
341. Underground Below the finished surface of the ground, excluding artificial embankments or terraces.
342. Unlicensed Motor Vehicle A motor vehicle which does not have attached to it, a valid license plate and currently valid validation tag.
343. Use
a) Any purpose for which a building or other structure or a parcel of land may be designed, arranged, intended, maintained, or occupied; or,
 
b) Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a parcel of land.
344. Vehicle Any carriage, conveyance or other device capable of being propelled, driven or drawn by any kind of power, including motor power or wind power, and includes, without limiting the generality of the foregoing, a passenger automobile, trailer, truck, boat, aircraft, tractor, farm implement, mobile crane or shovel, snowmobile or motorcycle, but does not include a pedal bicycle, canoe or other device powered solely by means of human effort, or a mobile home dwelling.
345. Vehicle, Commercial A vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, tow trucks, buses,  tractors used for hauling purposes on the highways and construction equipment which is self propelled or designed to be towed.
346. Vehicle, Farm A vehicle, self-propelled or drawn, which directly and specifically relates to the operation of an agricultural use.
347. Vehicle, Non-Commercial A vehicle having a registered gross vehicle weight of not more than 4,500 kilograms or, in the case of a passenger vehicle, not more than 12 persons, but does not include a commercial vehicle or farm vehicle.
348. Vehicle, Motor An automobile, truck, motorcycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of railways, or other vehicles running only upon rails, farm vehicles, construction equipment or recreation vehicles.
349. Vehicle, Public A vehicle owned and operated by a public agency.
350. Vehicle, Recreation A non-commercial vehicle used primarily for recreational or vacation purposes, including, but not necessarily restricted to, a travel or tent trailer, a boat, a snowmobile, all terrain vehicle or any trailer or other vehicle capable of being used for the temporary vacation living accommodation of one or more persons.
351. Vehicle Sales and Service Establishment, Recreation Shall mean a building or part of a building, structure or part of a structure, facility or part of a facility and associated lands where a dealer displays new and used recreation vehicles and accessories for sale or for rental, and may include the service or repair of recreation vehicles.
352. Vehicle, Small Recreation A recreation vehicle having not more than three independent wheels or sets of wheels, or having a track and skis, and which is not capable of being used for human living accommodation.
353. Vehicle Repair Shop An automotive use which contains facilities for the repair and maintenance of vehicles on the premises and where vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but does not include any establishment where the repairing or painting of vehicle bodies constitutes a main use, except where specifically permitted, or any other automotive use defined in this By-law.
354. Vehicle Sales or Rental Establishment An automotive use engaged in the sale, rental or leasing of vehicles and vehicle accessories, and includes a farm implement sales outlet, with or without an accessory vehicle repair shop, but does not include any other automotive use defined in this By-law.
355. Veterinary Clinic A building or part thereof, with or without related structures, wherein animals and birds of all kinds are treated or kept for treatment by a registered veterinarian, but does not include a kennel.
356. Warehouse A building or part thereof which is used primarily for the housing, storage, adapting for sale, packaging or wholesale distribution of goods, wares, merchandise, foodstuffs, substances, articles or things, other than livestock, and includes a commercial self-storage facility, but does not include a fuel depot, transport terminal or stockyard.
357. Waste Composting Facility
a) Any land upon, into, in or through which, or building or structure in which organic waste that is to be diverted from landfill is deposited, stored, processed and recycled into compost; and,
 
b) Any operation carried out or machinery or equipment used in connection with the depositing, storage, transfer, processing or recycling referred to in clause (a).
358. Waste Disposal Area
a) Any land upon, into, in or through which, or building or structure in which waste is deposited, disposed of, handled, stored, treated or processed; and,
 
b)  Any operation carried out or machinery or equipment used in connection with the depositing, disposal, handling, storage, transfer, treatment or processing referred to in clause (a).
359. Waste Transfer Site Lands used for the placement of containers that are used to hold solid waste for eventual transfer to another location.
360. Water Access When used in reference to a lot, a lot located adjacent to and accessible directly from, a navigable waterbody which has boat docking facilities which are permanently provided and available to the public and which are accessible from a public road, seasonal road or a private access road.
361. Water Frontage The straight-line horizontal distance between the two most widely separated points on any one shoreline of a lot.
362. Water System, Public A distribution system for potable water consisting of pipes and related pumping stations, treatment and purification facilities, reservoirs, stand pipes, water towers, hydrants and other appurtenances, owned and operated by the City of Greater Sudbury or other public agency.
363. Water Taking, Commercial The extraction on water from ground or surface water sources in excess of 50,000 litres per day for resale.
364. Waterbody The natural or man-made channel of an open stream of water or any area below the high water mark of an open body of water, but shall not include an ornamental or irrigation pond or stormwater management pond.
365. Waterbody, Navigable A waterbody sufficiently deep and wide to give a passage to a boat.
366. Wayside Pit or Wayside Quarry A temporary pit or quarry opened and used by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way.
367. Wellhead Protection Area
By-law 2016-70Z
Those lands located within the WHPA Vulnerability Scoring 10 and WHPA Vulnerability Scoring 8 as shown in the Greater Sudbury Source Protection Plan as approved by the Minister of the Environment and Climate Change on September 19, 2014.
368. Wellhead Protection Area The surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move so as eventually to reach the water well or well field.
369. Yard
An area of land which:
 
a) Is appurtenant to, and located on the same lot as, a main building or structure; and 
 
b) Is open, uncovered and unoccupied from the ground to the sky, except for those uses specifically permitted thereon elsewhere in this By-law.
370. Yard, Corner Side A yard extending from the front yard to the rear lot line of a corner lot and from the exterior side lot line of such lot to the nearest part of any main building or structure on such lot.
371. Yard, Exterior A yard abutting a street line, and includes a front yard and a corner side yard as defined herein.
372. Yard, Front A yard extending across the full width of a lot between the front lot line of such lot and the nearest part of any main building or structure on such lot.
373. Yard, Interior A yard which is not an exterior yard.
374. Yard, Interior Side A yard extending from the front yard to the rear yard of a lot and from an interior side lot line of such lot to the nearest part of any main building or structure on such lot.
375. Yard, Maximum The maximum distance of a yard from a lot line. In calculating the maximum yard, the minimum horizontal distance from the respective lot line shall be used.
376. Yard, Minimum Required
That part of a yard which:
 
a) Is located adjacent to a lot line;
 
b) Has the minimum front yard depth, rear yard depth or side yard width required hereby.
 
c) Does not contain or include any buildings, structures or outdoor parking areas except where such uses are specifically permitted thereon elsewhere herein.
 
In calculating the minimum required yard, the shortest horizontal distance from the respective lot line shall be used.
377. Yard, Privacy
(By-law 2017-90Z)
A yard directly adjoining an exterior wall of a dwelling unit for use solely by the occupants thereof, but does not include any part of a parking area, driveway, loading space or storm water management pond.
378. Yard, Rear A yard extending across the full width of a lot between the rear lot line of such lot and the nearest part of any main building or structure on such lot, but excluding any part of a corner side yard as defined herein.
379. Yard, Side An interior side yard or corner side yard.
380. Zone A designated area of land use(s) shown on the Zone Maps of this By-law.
381. Zone Maps The set of maps attached hereto as Schedule “A”, which form part of this By-law.
 

PART 4: 

GENERAL PROVISIONS


The provisions of this Part of the By-law shall apply to all lands within the City of Greater Sudbury unless otherwise specified.
 
 
4.2.1 Permitted Uses
a) Where this By-law provides that a lot may be used or a building or structure may be erected or used for a purpose, that purpose shall include any accessory building or structure or accessory use, provided the principal building, structure or use is already in existence on the lot or a valid permit has been issued for the principal building or structure, but shall not include the following:  (By-law 2011-49Z)
 
i) An automotive use;
 
ii) A building or part thereof used for human habitation except where the building or part thereof is a permitted secondary dwelling unit or garden suite; (2016-133Z)
 
iii) A guest room;
 
iv) A retail store; or
 
v) Any use restricted under Sections 4.26 and 4.42 of this By-law,
 
b) Legal existing nonconforming mobile home dwellings not located within an EP Environmental Protection Zone, shall be permitted to have accessory uses in accordance with the provisions in Section 4.2 and the provisions of the applicable zone. (By-law 2014-235Z)
 
c) For the purposes of this By-law a barn shall be considered as a main building in an Agricultural (A) or Rural (RU) Zone. (2013-161Z)
 
d) For the purposes of this By-law, buildings covered with cloth, plastic or similar flexible materials shall be required to meet the same requirements as permanent buildings and structures.
 
e) With the exception of the C6 Downtown Commercial Zone, a drive-through service facility shall be permitted as an accessory use to a permitted restaurant, financial institution, retail store, automotive service station, gas bar and automated car wash use, subject to:
 
i) The number of drive-through service facilities accessory to restaurants, financial institutions, retail stores and automated car washes located on a lot shall not exceed a total of two. Drive-through service facilities accessory to gas bars or service stations shall not be included in the calculation of the maximum number of drive-through service facilities permitted on a lot.
 
 ii) The requirements of Section 5.7 of this By-law shall be satisfied.
 
4.2.2 Setback and Yard Requirements

Accessory buildings or structures, which are detached from the main building, shall be erected in compliance with the yard and setback requirements of the zone in which such building or structure is located except: (By-law 2011-49Z)

a) On a lot in a (R) Residential Zone where the lot does not abut a shoreline, accessory buildings or structures that contain a secondary dwelling unit shall only be permitted in a rear or interior yard;
 

b) As otherwise provided herein. (By-law 2016-133Z)

 
4.2.3 Lot Coverage
Unless otherwise specified in this By-law the total lot coverage of all accessory buildings and structures, on a residential lot shall not exceed 10 per cent.
(By-law 2012-67Z)
 
4.2.4 Height
a) The maximum height of any accessory building or structure on a residential lot shall be 5.0 metres. For the purposes of this Section, for a boathouse, height shall be the distance measured between the normal or controlled water level and the highest point of the building or structure.
 
b) Notwithstanding the above, within an Agricultural (A) and Rural (RU) Zone the height of any building or structure accessory to a residential dwelling shall be 6.5 metres
 
c) Notwithstanding the above, within a Commercial (C), Industrial (M), Institutional (I), Park (P), or Open Space (OS) Zone the height of any accessory building or structure shall not exceed the height restrictions of the respective Zone.
 
4.2.5 Permitted Encroachments
Accessory buildings and structures and ornamental features for main buildings and structures may only encroach into the required yard in a zone as outlined in Table 4.1. Where a required yard, structure or feature is not referred to on Table 4.1, the minimum required yard in the applicable zone shall be provided.
 
For the purposes of this section, where the exterior side lot line of a lot abuts a public lane, the side yard abutting that lot line shall be deemed an interior side yard for the purposes of determining compliance with this Section.(By-law 2011-49Z)
 
 
Table 4.1
Permitted Structure or Feature Applicable Required Yard(s) Required Setback or Permitted Encroachment
STRUCTURAL AND ORNAMENTAL FEATURES:
All Zones
Bay windows
Front, Rear and Corner Side Yards and Courts
May encroach 0.6 m into the required yard or required court for a maximum width of 3.0 m.
All Zones
Canopies/Porticos
All yards and Courts May encroach 1.2 m into the required front, rear and exterior side yards.

May encroach 0.6 m into the required interior side yard or required court.
All Zones
Balconies/Fire Escapes
Front, Rear and Corner SideYards and Courts only in Residential Zones All yards and courts in all other zones
May encroach 1.8 m into the required yard or required court.
In Residential (R) Zones
Open, roofless and uncovered steps, terraces and landings providing access to either a basement or the ground floor of a dwelling 
(2013-161Z)
All yards and
Courts
No closer than 0.6 m to the applicable lot line or building wall
In Residential (R)Zones
Uncovered Decks (1.2 m or less in height above finished grade to the top of the finished deck floor)
Interior, Front and Corner Side Yards May encroach 1.2 m into the required yard but no closer than 1.2 m to the interior side lot line. The setback shall not apply where a side lot line extends from a common wall dividing attached dwelling units.
Rear Yard No closer than 1.2 m to the rear lot line.

In Residential (R) Zones 
Uncovered Decks (greater than 1.2 m in height above finished grade to the top of the finished deck floor)

Interior Side Yard May encroach 1.2 m into the required yard but no closer than 1.2 m to the interior side lot line. The setback shall not apply where a side lot line extends from a common wall dividing attached dwelling units.
Front and Corner Side Yard No encroachment.
Rear Yard May encroach 3.6 m into the required rear yard but not closer than 3.0 m to the rear lot line.

In Residential (R) Zones
Porches
(By-law 2011-49Z)

Front, Rear and Corner Side Yards and Courts May encroach 2.4 m into the required yard or required court.
Interior side yard No setback shall apply where a side lot line extends from a common wall dividing attached dwelling units
All Zones
Sills, cornices, parapets, pilasters, or other similar ornamental structures
Any yard and
Court
May encroach 0.6 m into the required yard or required court.
All Zones
Eaves
Front, Rear and Corner Side Yards May encroach 1.2 m into the required yard but not closer than 0.6 m to the lot line.
Interior Side Yard and Court May encroach 0.6 m into the required yard or court but not closer than 0.6 m to the lot line.
All Zones
Chimneys
Any yard and
Court
May encroach 0.6 m into the required yard or required court.

All Zones 
Functional and ornamental roofless structures including but not limited to drop awnings, clothes poles, flag poles, lighting fixtures, mail boxes, fountains, statues, monuments, benches, cenotaphs, memorials, planters, garden trellises, patios, walkways, accessibility ramps and railings, retaining walls less than 1.0 m in height or other similar accessory structures 
(By-law 2012-67)
(By-law 2015-72Z)
(By-law 2016-70Z)

Any required yard or court. Permitted
In Residential (R) and Commercial (C) Zones
Fences and hedgerows 1.0 m or less in height
(By-law 2012-67Z)
All Yards Permitted
In Residential (R) and Commercial (C) Zones
Fences and hedgerows more than 1.0 m in height provided that any portion of a fence above   2.0 m in height shall not be opaque
(By-law 2012-67Z)
All Yards other than the Front and or Corner Side Yards Permitted
All Zones except Residential(R) and Commercial (C) Zones
Fences and hedgerows with no maximum height
(By-law 2012-67Z)
All Yards Permitted
ACCESSORY BUILDINGS AND STRUCTURES:

On a Residential Lot
Accessory Buildings and Structures 2.5 m and less in height 
(By-law 2012-67Z)

Rear or Interior Side Yard No closer than 0.6 m from the rear or side lot line. Where the rear lot line is a streetline of a road having a width of more than 10 m a setback of 4.5 m shall be required from the rear lot line.
Court No closer than 1.0 m to any wall bounding a required court.
Corner Side Yard No encroachment
On a Residential Lot
Accessory Buildings and Structures greater than 2.5 m in height
Rear or Interior Side Yard No closer than 1.2 m from the rear or side lot line. Where the rear lot line is a streetline of a road having a width of more than 10 m a setback of 4.5 m shall be required from the rear lot line.
Court No closer than 2.0 m to any wall bounding a required court.
Corner Side Yard No encroachment

On a Residential lot
Outdoor Swimming Pool, circulating, heating and Pumping Equipment
(Refer to Section 4.2.11)
(By-law 2014-235Z)
(By-law 2018-40Z)


On a Residential lot
Outdoor Swimming Pool and Pumping Equipment
(Refer to Section 4.2.11)
(By-law 2018-40Z)

Rear Yard No closer than 1.5 m from the rear lot line. Where the rear lot line is a streetline of a road having a width of more than 10 m a setback of 4.5 m shall be required from the rear lot line.
Interior Side Yard Court No closer than 1.5 m from the interior side lot line or any wall bounding a required court.
Corner Side Yard No encroachment
Residential (R) Zones
Central air conditioning units
Rear Yard No closer than 1.5 m from the rear lot line.
Interior or Corner Side Yard - Court May encroach 1.5 m into a required side yard or court, provided such units maintain a 0.6 m setback from the lot line or any wall bounding a required court.
All Zones 
Central air conditioners for multiple dwelling units in
Roof mounted only Not applicable.
Residential (R) Zones
Window-Mounted Air Conditioning Units in
All yards May encroach 0.5 m into the required yard provided such units maintain a 0.6 m setback from the lot line.
Court May encroach 0.5 m into a required court.
All Zones 
Gate House or Parking Shelter in
Front, Interior or Corner Side Yard
Not closer than 3.0 m from a front or side lot line.
(Subject to Section 4.2.7)
All Zones 
Automotive service stations and gas bars
Front or Corner Side Yard

No part of any pump island shall be located closer than 9.0 m to any street line.

No part of any canopy used to cover a pump island shall be located closer than 6.0 m to any street line.

All Zones 
Gazebos, boathouses, docks, water pumps and saunas
(By-law 2011-49Z)
Setback from main building On a residential lot not closer than 2.0 m to the main building.
All Zones
Gazebos, boathouses, docks, decks, stairs, water pumps and saunas  
(By-law 2011-49Z)
Rear yard on a lot abutting a waterbody On a lot where the rear lot line is a waterbody a sauna, boathouse, dock, deck, stairs, water pump or gazebo shall be permitted with no rear yard requirement subject to Section 4.41 of this By-law and any other approvals required by law.
All Zones
Gazebos, boathouses, docks, decks, stairs, water pumps and saunas  
(By-law 2011-49Z)
Front yard on a lot abutting a waterbody On a lot where the front lot line is a waterbody a sauna, boathouse, dock, deck, stairs, water pump or gazebo shall be permitted with no front yard requirement subject to Section 4.41 of this By-law and any other approvals required by law.
All Zones
Gazebos, boathouses, water pumps, docks, decks, stairs and saunas 
(By-law 2011-49Z)
All yards if structure encroaching onto the bed of a waterbody No closer than 3.0 m to the interior side yard located above the high water mark except for a dock where no setback shall be required and no setback shall be required for a gazebo, boathouse, water pump, dock, deck, stairs or sauna from any  lot line that is located below the high water mark.
Residential (R) Zones
Carports
Interior side yard, with the side facing the same lot line being open No closer than 0.6 m from interior side lot line.
  Interior side yard, with the side facing the same lot line being closed No closer than 1.2 m from interior side lot line.
On a Residential lot 
Mutual garage
Interior side yard Can be constructed astride the common side lot line
 
4.2.6 Garages
In addition to those provisions in Table 4.1, the following provisions shall also apply to private garages in Residential (R) Zones:
 
a) Where a private garage is accessed from a lane, it shall be set back 1.2 metres from the lot line dividing the lot from the lane. (By-law 2011-49Z)
 
b) The minimum width for a private garage, measured between the inside of the walls, shall be 2.75 metres.
 
c) The maximum width for a private garage that is attached to a dwelling, measured between the outside of the walls of the private garage facing a front lot line, shall be no greater than 50% of the lot frontage.
 
d) In addition to the above, in an R1-6 Zone:
 
i) No part of a private garage that is attached to a dwelling shall be closer to the front lot line than the main building facade except where the building has a covered porch the garage may extend 2.5 metres beyond the main building facade provided that the private garage is not closer to the front lot line than the porch.
 
ii) The second storey above an attached private garage shall be set back a maximum of 2.5 metres from the front face of the private garage below.
 
4.2.7 Gate Houses and Parking Shelters
In addition to those provisions in Table 4.1, the following provisions shall also apply to Gate Houses and Parking Shelters:
 
a) Notwithstanding any other provision hereof to the contrary, gatehouses not exceeding 10.0 square metres in floor area shall be permitted in any part of an exterior yard in an Industrial Zone.
 
b) Nothing in this By-law shall apply to prevent the erection of a shelter, for use solely by parking attendants or security personnel, in any part of a parking area except within a sight triangle, provided that such shelter does not exceed 4.5 metres in height and 5.0 square metres in gross floor area.
 
4.2.8 Outdoor Furnaces (By-law 2017-91Z)
Outdoor furnaces including but not limited to hydronic heaters shall only be permitted on lots with a minimum of 1.0 hectare within “A”, Agricultural, “RU”, Rural, “RS” Rural Shoreline, “M4” Mining Industrial and “M5”, Extractive Industrial zones and provided that the outdoor furnace is setback not less than 15.0 metres to any lot line and not less than 60 m from a residential building located on another lot.
 
4.2.9 Refuse Storage Areas
Accessory refuse storage areas are permitted in all Zones subject to the following provisions:
 
a) An accessory building or structure used principally as refuse storage area shall not be included in the total permitted lot coverage for accessory buildings and/or structures on a lot.
 
b) An accessory building or structure containing a refuse storage area shall be located: (By-law 2014-235Z)
 
i) In an interior yard only; (By-law 2012-67Z)
 
ii) No closer to any lot line than required for an accessory building or structure by this By-law; (By-law 2014-235Z)
 
iii) No closer to any residential lot or Residential Zone boundary than required for an accessory building or structure in a non-Residential Zone by this By-law; (By-law 2014-235Z)
 
iv) No closer to any Open Space or Environmental Zone boundary than required for an accessory building or structure by this By-law; (By-law 2014-235Z)
 
v) Outside of any required landscaped area or landscaped buffer; and,
 
vi) Shall not occupy any required parking spaces, access to parking spaces or driveways.
 
4.2.10 Secondary Dwelling Units (By-law 2016-133Z)
 
4.2.10.1  Permission for Secondary Dwelling Units (By-law 2018-40Z)
secondary dwelling unit may be permitted within:
 
a) single detached dwelling or a building accessory there to;
 
b) semi-detached dwelling or a building accessory there to;
 
c) row dwelling or a building accessory there to; and
 
d) street townhouse dwelling or a building accessory there to;
 
provided that a maximum of one secondary dwelling unit shall be permitted on a lot.
 
Notwithstanding the above, a secondary dwelling unit is not permitted:
 
a) Within a dwelling that is deemed to be a permitted use in Section 4.16 of  this By-law;
 
b) Within a dwelling located within an “EP”, Environmental Protection Zone;
 
c) Within a dwelling that is permitted accessory to a permitted non-residential use in Section 4.40.2 of this By-law;
 
d) On a lot containing a garden suite;
 
e) Within a seasonal dwelling;
 
f) Within a building or structure accessory to a), b), c) or e) above.
 
4.2.10.2  Additions or Alterations to Primary Dwellings
An addition or exterior alteration to a primary dwelling to accommodate a secondary dwelling unit is permitted provided that it does not result in the creation of:
 
a) An additional entrance to the main building facade that faces a public road;
 
b) An additional exterior entrance above the first storey; and
 
c) Additional exterior stairs, or stairwells for entrances below finished grade along a wall facing a public road.
 
4.2.10.3  Secondary Dwelling Units in Accessory Buildings
Where a secondary dwelling unit is located in all or part of a building accessory to a primary dwelling the secondary dwelling unit:
 
a) Shall not be permitted to be in the form of a mobile home dwelling in all Residential (R), Commercial (C), and “FD”, Future Development Zones;
 
b) May be in the form of a mobile home dwelling in a Rural (RU), Agricultural (A) or Rural Shoreline (RS) Zones;
 
c) In Rural (RU), Agricultural (A) or Rural Shoreline (RS) Zones shall:
 
i) have a maximum net floor area of 45 percent of the gross floor area of the primary dwelling on the lot. For the purposes of this Section of the By-law, net floor area shall be the gross floor area of the accessory building excluding any parking areas within the accessory building; and,
 
ii) be located no more than 30 metres from the primary dwelling at their closest.
 
4.2.10.4   Registration of Secondary Dwelling Units
Where Council has enacted a by-law requiring that secondary dwelling units be registered, the requirements of such by-law shall be complied with.
 
4.2.11 Swimming Pools
No outdoor swimming pool shall be erected, placed or located anywhere except for an outdoor swimming pools accessory to:
 
a) a permitted dwelling in accordance with the requirements of Table 4.1 of this By-law for accessory buildings and structures;
 
b) a permitted hotel, institutional use or commercial recreation centre, or park, where the outdoor swimming pool may be located in any yard other than a required yard;
 
except that no interior wall of an outdoor swimming pool and no water circulating, heating or pumping equipment shall be located closer than 1.5 metres to any side or rear lot line. (By-law 2014-235Z)
 
 
a) Notwithstanding any other provision hereof to the contrary, no person shall erect any building on any lot that does not have frontage on an assumed road except as provided in Subsections (b), (c), (d) and (e) herein.
 
b) Seasonal Dwellings
 
Subsection (a) of this Section shall not apply to prevent the use of a permitted seasonal dwelling on a lot with water access, a lot having frontage on a seasonal road or having access to an assumed road via a private access road.
 
c) Lots in New Plans of Subdivision
 
Subsection (a) of this Section shall not apply to prevent the erection or use of a building on a registered lot located in a plan of subdivision registered hereafter, provided that:
 
i) Such registered lot abuts and is directly legally accessible to vehicular traffic from a road designated on the said plan of subdivision and vested in the name of the City of Greater Sudbury, notwithstanding that the said road may or may not yet have been assumed by the City of Greater Sudbury; and,
 
ii) Such registered lot is subject to a subdivision agreement requiring that the said road be constructed to the satisfaction of the City of Greater Sudbury.
 
d) Lands in Plans of Condominium (By-law 2018-40Z)
 
Where lands are a parcel of tied land to a condominium corporation, or are located within a condominium corporation which has access to a roadway owned and maintained by a registered condominium corporation said roadway shall be deemed to be an assumed road for the purposes of this Section.
 
e) Mobile Home Sites in Mobile Home Parks
 
In a mobile home park, subsection (a) shall not apply to prevent the erection or use of a mobile home dwelling on an individual mobile home site accessed by an internal private road. Such a private road shall be subject to the driveway standards of Section 5.4.3 of this By-law.
 
 
a) Notwithstanding any other provision hereof to the contrary, adult entertainment parlours shall be prohibited throughout the zoned area except through an amendment to this By-law and in accordance with the provisions set out in this Section.
 
b) Notwithstanding any other provision hereof to the contrary, and in addition to all other zone requirements that might apply, the following requirements shall apply to adult entertainment parlours:
 
i) Minimum separation distance between adult entertainment parlours – 500.0 metres;
 
ii) Minimum set back from Residential Zonesschools, places of worship, retirement homes and public parks – 300.0 metres;
 
iii) Minimum set back from an arterial road – 100.0 metres;
 
iv) In the case of multiple use buildings, that part of the building used for the adult entertainment parlour shall be set back a minimum of 100.0 metres from an arterial road.
 
Airport Height Restriction areas are shown as overlay zones on the Schedules to this By-law.
 
Notwithstanding any other provisions of this By-law, within the take-off/approach surface and transitional surface surrounding the Greater Sudbury Airport as shown as overlay zones on Schedule “A” of this By-law, the following height restrictions shall apply:
 
4.5.1 Airport Height Restriction 1 (AHR1) 
No building or structure shall exceed the height determined by increasing the elevation at a rate of 2% from the edge of the runway through the take-off approach surface at a rate of 1 to 50 (2%) for a distance of 3,000 metres from the edge of the runway.
 
4.5.2 Airport Height Restriction 2 (AHR2)
No building or structure shall be erected in the transitional surface which exceeds a height determined by a line increasing in elevation from the edge of the runway through the transitional surface at a rate of 1 to 7 (14.3%).
 
dwelling unit may be permitted below grade provided that the dwelling unit meets the requirements of the Ontario Building Code and Section 4.9.1 of this By-law.
 
Unless otherwise permitted in this By-law, no more than one dwelling unit shall be permitted on any lot.
 
a) Notwithstanding any other provision hereof to the contrary, where:
 
i) a vacant interior lot exists between legal existing buildings on the same side of a street; and
 
ii) where none of the three lots exceed 30.0 metres in lot frontage,
 
the minimum front yard required on the said interior lot when vacant shall be the average of the established building lines on the said two abutting lots but shall not be greater than the minimum front yard depth required for the zone in which such lot is located, and, where the said interior lot contains an existing main building, the minimum front yard required shall be the average established building lines of all three lots.
 
b) Notwithstanding the above paragraph, if one of the two abutting lots is vacant, the established building line will be established using the next abutting developed lot provided it is located within 30.0 metres of the subject lot.
 
 
4.9.1 Flood Fringe Overlay (FF)
Notwithstanding any other provision of this By-law to the contrary, within the areas shown on Schedule “A” of this By-law as Flood Fringe Overlay (FF), the following shall apply:
 
a) New buildings and structures and additions to existing buildings and structures are permitted in accordance with the applicable underlying zone and provided:
 
i) All openings to the buildings and structures are located at least 0.3 metres above the elevation of the regulatory flood plain;
 
ii) No bedrooms shall be permitted below the regulatory flood plain elevation, and
 
iii) The buildings or structures shall be erected or used in accordance with any regulations of, and subject to the approval of, the Nickel District Conservation Authority and, where applicable, pursuant to The Lakes and Rivers Improvement Act, R.S.O. 1990, Chapter L.3, The Fisheries Act, R.S.C. 1985, Chapter F-14, or The Public Lands Act, R.S.O. 1990, Chapter P.43, of the Ontario Ministry of Natural Resources.
 
4.9.2 Flood Plain Overlay (FP)
Notwithstanding any other provision of this By-law to the contrary, within the areas shown Schedule “A” of this By-law as Flood Plain Overlay (FP), the following shall apply:
 
a) legally existing buildings and structures shall be permitted;
 
b) no new buildings or structures shall be erected or used except for flood or erosion control or for providing access and only in accordance with any regulations of, and subject to the approval of the Nickel District Conservation Authority and, where applicable, pursuant to The Lakes and Rivers Improvement Act, R.S.O. 1990, Chapter L.3, The Fisheries Act, R.S.C. 1985, Chapter F-14, or The Public Lands Act, R.S.O. 1990, Chapter P.43, of the Ontario Ministry of Natural Resources.
 
 
Where a garden suite is permitted it shall meet the requirements for accessory buildings.
 
Garden suites existing on July 12, 2016, that are permitted as a temporary use in Part 12 of this By-law and where the temporary use permission has not expired, shall be permitted as a secondary dwelling unit in a building accessory to a primary dwelling provided that the requirements of Section 4.2.10 and other applicable provisions of this By-law shall apply. (By-law 2016-133Z)
 
a) Notwithstanding any other provision of this By-law to the contrary, accessory guest room accommodation for not more than two persons shall be permitted in any dwelling unit.
 
b) Paragraph (a) shall not apply to restrict the number of accessory guest rooms located in a boarding house dwelling or provisions of this By-law related to group home type 1 and group home type 2 uses.
 
a) Except as otherwise provided in Subsections (b) and (c) of this Section, no building or structure shall exceed in height the building heights set out herein for the zone where such building or structure is located.
 
b) Nothing in this By-law shall apply to restrict the height of any structure or part thereof functioning solely as:
 
i) An antenna, aerial, mast or communications tower;
 
ii) A barn;
 
iii) A belfry;
 
iv) A chimney or smokestack;
 
v) A church spire or steeple;
 
vi) A clock tower, bell tower or church tower;
 
vii) A cupola or other ornamental structure or device;
 
viii) An electric power transmission tower or line;
 
ix) An elevator or stairway penthouse;
 
x) A firehall drying tower;
 
xi) A flag pole;
 
xii) A flight control tower, forest fire lookout tower or civil defense installation;
 
xiii) A lightning rod;
 
xiv) A roof-top structure containing heating, cooling, ventilating or other mechanized equipment pertaining to the maintenance of a building;
 
xv) A silo or grain or feed storage elevator;
 
xvi) A solar collector;
 
xvii) A water tower or tank;
 
xviii) A windmill or wind turbine or,
 
xix) A weathervane or other weather monitoring device;
 
c) Decorative or architectural structures used to screen or cover mechanical equipment shall be exempt from the height requirements of this By-law.
 
 
Where a home industry established after the effective date of this By-law is permitted, the following provisions shall apply:
 
a) Not more than 2 non-resident employees, in addition to the residents of the dwelling unit, may be engaged in the business and working on the lot.
 
b) Any lot upon which a home industry is located shall be occupied as a residence by the operator of the business.
 
c) Any accessory building and any associated activity area used for the home industry shall be located no further than 30.0 metres from the detached dwelling on the same lot and no closer than 30.0 metres from any lot line.
 
d) The gross floor area dedicated to the home industry shall not exceed 200.0 square metres.
 
e) The driveway accessing the home industry is shared with the driveway that is utilized for the principal use on the lot.
 
f) The use is clearly secondary and accessory to the principal use on the same lot.
 
g) Only the sale of goods that are primarily manufactured, processed, fabricated, or produced on the premises is permitted.
 
h) Outdoor storage of goods or materials related to a home industry is permitted in the rear yard and interior side yards only, provided that the area occupied by such outdoor storage of goods or materials does not exceed 50% of the gross floor area of the home industry.
 
i) Only currently licensed motor vehicles, associated with the home industry, are parked or stored on the lot and within an interior side or rear yard.
 
j) Any outdoor storage associated with the home industry shall be located within a fenced compound and screened from view in accordance with the requirements of Section 4.28 of this By-law.
 
k) There is no external advertising other than a sign erected in accordance with the City of Greater Sudbury Sign By-law.
 
l) Home industry uses shall not include the generation of or storage of hazardous wasteliquid industrial waste, or any severely toxic contaminant listed in Schedule 3 contaminants of Ontario Regulation 347 of the Environmental Protection Act and shall not generate sewage effluent in excess of 4,500 litres per day.
 
home occupation shall be permitted in any zone, except in Seasonal Limited Service (SLS) Zone, subject to the following provisions:
 
a) home occupation shall be conducted as an indoor accessory use within a permitted dwelling, other than a seasonal dwelling, without changing the primary residential character thereof.
 
b) Not more than one person who does not reside in the dwelling unit to which a home occupation is accessory shall be employed on the premises in conjunction therewith.
 
c) No goods, wares or merchandise shall be displayed for sale or rent in conjunction with a home occupation.
 
d) No retail use of the premises shall be permitted as a home occupation.
 
e) No outdoor storage shall be permitted in conjunction with a home occupation and no part of any accessory building or structure shall be used for a home occupation.
 
f) The total floor area used primarily for a home occupation shall not exceed the equivalent of 25% of the dwelling unit area of the dwelling unit to which such home occupation is accessory or 100.0 square metres, whichever is less.
 
g) No external display or advertising, other than a sign permitted by the City of Sudbury Sign By-law, as amended, or its successor, nor any other external indication that a home occupation is being conducted on the premises, shall be permitted in conjunction with a home occupation.
 
h) No home occupation shall create or become a public nuisance, particularly with regard to noise, odours, traffic, parking, emissions or radio or television interference.
 
i) The home occupation shall not involve the use of the premises as a base of operations for persons who are employed by or associated with the home occupation, nor shall the premises be used to assemble or rally such persons for transportation to a work site.
 
j) One home occupation only shall be permitted in conjunction with a dwelling unit.
 
k) Parking for the home occupation shall be limited to a maximum of four spaces.
 
l) No additional commercial vehicles shall be permitted to be parked on a lot in connection with a home occupation.
 
m) pet grooming establishment is permitted as a home occupation, subject to the following:
 
i) the maximum number of dogs and domestic cats allowed on the premises at any one time shall be in conformity with the City of Greater Sudbury By-law for the Control and Regulation of Dogs, Cats and Other Animals;
 
ii) No breeding, boarding or overnight accommodation of dogs or domestic cats shall be permitted on the premises;
 
iii) No dogs or domestic cats that are brought onto the premises for grooming shall be permitted outside of the dwelling.
 
n) The following shall not be permitted as a home occupation:
 
i) Adult entertainment parlour or use;
 
ii) Dating/escort services;
 
iii) Contractor’s yards;
 
iv) Taxi stand service depot/dispatch establishments;
 
v) Any automotive use and any use involving the storage and/or towing of motor vehicles or recreation vehicles;
 
vi) Institutional use; and,
 
vii) Veterinary clinic.
 
o) Not more than five persons shall be present in the dwelling unit at anytime to receive treatment, services or instructions in conjunction with a home occupation. (By-law 2016-70Z)
 
 
4.15.1 General
a) Where this By-law specifically requires a minimum area of landscaped open space on a lot, no part of any drivewayparking area, loading space, stoop, balcony or rooftop terrace, other than an open landscaped area located directly above an underground parking area, shall be deemed part of any such required landscaped open space.
 
b) Any part of any lot which is not occupied by buildings, structures, parking areas, driveways, loading spaces, agricultural uses, outdoor storage areas or any other permitted use, shall be maintained as landscaped open space.
 
c) The percentage of landscaped open space required under the Zone Requirements of this By-law shall be calculated as a percentage of lot area.
 
d) planting strip or buffer screen referred to in this Section may form a part of any landscaped open space required by this By-law and may form part of a required yard.
 
e) A 3.0 metre-wide landscaped area adjacent to the full length of a lot line shall be required abutting all public roads having a width greater than 10.0 metres in all Zones, except in a Downtown Commercial (C6) Zone.
 
4.15.2 Low Density Residential Zones
A minimum of 50% of all required front and corner side yards shall be maintained as landscaped open space in Low Density Residential One (R1) or Low Density Residential Two (R2) Zones.
 
4.15.3 Landscaping in a Surface Parking Area
In any Residential (R), Commercial (C), Business Industrial (M1-1) Zone and Institutional (I) Zone a minimum of 10 percent of the lands contained within the outer boundary of a parking area or parking lot with 75 or more parking spaces, shall be provided as landscaped open space which may include landscaped islands, landscaped medians, pedestrian walkways or plazas accessible by the general public.
 
Areas of landscaped open space abutting the outer boundary of a parking area that do not form part of a required planting strip may be included in the calculation of landscaping required by this Section.
 
4.15.4 Planting Strip – Location
a) A 3.0 metre-wide planting strip adjacent to the full length of the lot line shall be required:
 
i) Where the lot line of a non-residential lot, other than a lot containing an open space use or a lot in an Industrial Zone, abuts a residential lot or Residential Zone;
 
ii) Where a lot zoned Medium Density Residential (R3) (R3-1) or High Density Residential (R4) abuts a lot zoned Low Density Residential One (R1) or Low Density Residential Two (R2);
 
b) Notwithstanding 4.15.4 a) where a planting strip contains an opaque wall or opaque fence having a height of 1.5 metres or more, the width of the required planting strip may be reduced to 1.8 metres in width.
 
c) Where a lot in any Industrial (M) Zone abuts an interior side or rear lot of a lot in any Residential (R) Zone, a 5.0 metre-wide planting strip shall be required adjacent to the full length of the lot line;
 
d) Where parking areas are connected to parking areas on adjacent lots, a planting strip is not required.
 
4.15.5 Planting Strip – Contents
Required planting strips shall contain one or more of the following screening devices:
 
a) A continuous row of trees;
 
b) A continuous hedgerow of evergreens, bushes or shrubs;
 
c) berm;
 
d) A wall; or,
 
e) fence.
 
4.15.6 Planting Strip – Design
Screening devices comprising a required planting strip shall:
 
a) Be arranged so as to form a dense or opaque screen or barrier;
 
b) Be designed to have an ultimate height of not less than 1.5 metre above the elevation of the ground at the nearest lot line, provided that they do not obstruct a sight triangle; and
 
c) Be uninterrupted except where traversed by pedestrian walkways or permitted driveways, in which case no such screening devices shall be required within 1.0 metre thereof.
 
Notwithstanding any other provision of this By-law to the contrary, all dwellings and dwelling units, other than mobile home dwellings and any dwelling located within an “EP”, Environmental Protection Zone, legally existing as of the date of adoption of this By-law, shall be deemed to be permitted uses, and nothing in this By-law shall apply to prevent the rebuilding, repair, alteration or use of any such dwelling or dwelling unit in accordance herewith, provided that such use has continued uninterrupted since the date of the passing of this By-law, no additional dwelling units are created and no other changes are made except where specifically permitted hereby and in accordance with the density provisions set out in Section 2.2 of this By-law. (By-law 2014-235Z)
 
Livestock shall not be permitted on any lot less than 1.0 hectare in area.  Buildings housing livestock and manure handling facilities are subject to the Special Setback Provisions in Section 4.37.1 of this By-law.
 
a) There shall be no maximum on the number of main buildings permitted on a lot except that in the Low Density Residential One (R1), Low Density Residential Two (R2), Local Commercial (C1), Seasonal Limited Service (SLS), Rural Shoreline (RS) and Future Development (FD) Zones, the number of main buildings on a lot shall be limited to one.
 
b) Notwithstanding Section 4.18 a) above, in the Agricultural (A) and Rural (RU) Zones the number of main buildings permitted on a lot for residential uses shall be limited to a maximum of one and for other non-residential uses there shall be no maximum.
 
Mobile home dwellings may be used as dwelling units only in an Agricultural (A), Rural (RU), Rural Shoreline (RS) or Residential Mobile Home (RMH) Zone or as a seasonal dwelling in the Seasonal Limited Service (SLS) Zone where they meet the following requirements:
 
a) The structure shall be constructed to the applicable Canadian Standards Association standard Z-240 for mobile home dwellings:
 
b) The structure shall be completely enclosed from the surface of the finished grade to the roof; and,
 
c) The structure shall be serviced with water and a private sewage disposal system or a sanitary sewage facility.
 
Building permits are required for the placement of mobile home dwellings on any lands.
 
 
4.20 MODEL HOMES By-Law 2015-72Z
Model homes shall only be permitted on lands that have received Draft Plan of Subdivision or Condominium Approval under the Planning Act, R.S.O. 1990, c.P.13 or Condominium Act, R.S.O. 1998 c.P.13 for residential purposes provided that:
 
a) Not more than the lesser of 4 dwellings or 10% of the total number of residential units contained in the approved Draft Plan are constructed as model homes;
 
b) The model home is built, within a lot defined by the draft approved Plan of Subdivision or within a unit defined in a draft approved Plan of Condominium;
 
c) The model home complies with all other requirements of this Zoning By-law; and,
 
d) A Model Home Agreement is entered into with the City of Greater Sudbury.
 
 
 
4.21.1 More Than One Registered Lot
Notwithstanding any provisions or definitions hereof to the contrary, no person shall use two or more abutting registered lots as a single lot in order to comply with the requirements of this By-law unless:
 
a) Such lots are held under the same ownership and are located in the same zone or, where such lots are located in different zones, the use of such lots is permitted in both or all the said zones; and,
 
b) An agreement between the City and the owner has been registered against the title of both or all such registered lots to the effect that such registered lots thereafter shall be deemed to constitute a single, inseparable parcel of land and shall not be sold, conveyed or alienated in any way or for any purpose except together in one group as a single lot.
 
4.21.2 Parking Areas and Driveways in Residential Zones
Notwithstanding any provisions or definitions hereof to the contrary, no person shall use two or more abutting registered lots in any Residential Zone, or portions of such lots as any part of a parking area or driveway, unless such lots are located in the same Residential Zone or, where such lots are located in different Residential Zones, the use of such lots is permitted in both or all the said Zones.
 
4.21.3 Phasing of Condominiums  By-law 2015-72Z
Where a condominium plan has received draft plan approval and where the registration of the plan is intended to occur in phases and /or stages, the lands to which the draft approved plan of condominium is to be located, shall be deemed to be one lot for the purposes of applying the provisions of the By-law.  Excluding minimum privacy yards, Zone provisions shall apply to the external lot lines of the overall condominium plan, not to internal lot lines resulting from the registration of any condominium phase.
 
Where any buildingstructure or land is used for more than one purpose the said buildingstructure or land shall comply with the provisions of this By-law relating to each use.  In the case of a conflict, the more stringent provision shall apply.
 
a) Where a lot is divided into more than one zone under the provisions of this By-law, each such portion of the lot shall be used in accordance with the permitted uses and zone provisions of this By-law for the applicable zone as if it were a separate lot.
 
b) The lot area and lot frontage requirements of the most restrictive zone on the lot shall be applied to the entire lot.
 
c) Notwithstanding the above, Section 4.7 of this By-law shall apply.
 
d) This Section does not apply to lands that are subject to a Holding Provision (H).
 
 
4.24.1 Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any existing lotbuilding or structure for any purpose prohibited by this By-law if such existing lotbuilding or structure was lawfully used for such purpose, prior to the effective date of this By-law and provided that the lotbuilding or structure continues to be used for that purpose and is not altered in any way except in conformity with this By-law.
 
4.24.2 Permitted Exterior Extension, Alteration and Reconstruction
On the exterior of a legal existing building or structure, the installation of eave troughs, siding, brick or insulation whose sole purpose is to improve the exterior of a building or structure shall be permitted provided that the floor area of the building or structure is not expanded in any way, except in conformity with this By-law.
 
4.24.3 Permitted Interior Alteration
The interior of any building or structure which was lawfully used for a purpose not permissible within the zone in which it is located prior to the effective date of this By-law, may be reconstructed or structurally altered, for the existing purpose for which it was lawfully used.
 
4.24.4 Restoration To A Safe Condition and Rebuilding
Nothing in this By-law shall prevent the repair, strengthening or restoration to a safe condition of any legal existing building or structure or part thereof, or the rebuilding of such building or structure provided that:
 
a) a demolition permit is issued prior to the destruction of the building or structure, and;
 
b) the dimensions or use of the original building or structure or of any yards appurtenant thereto, are not altered in any way except in conformity with this By-law unless these changes are necessary to provide for flood proofing.
 
4.24.5 Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use, for a purpose prohibited by this By-law, of any building or structure, the plans for which have, prior to the date of passing of this By-law, been approved by the Chief Building Official, so long as the building or structure, when erected, is used and continues to be used for the purpose for which it was erected.
 
4.24.6 Reconstruction of Existing Dwellings or Dwelling Units 
(By-law 2014-235Z)
Refer to Section 4.16 of this By-law.
 
 
4.25.1 Permitted Buildings or Structures (By-law 2018-40Z)
Where a building or structure is located on a lot having less than the minimum lot frontage and/or lot depth and/or lot area, and/or having less than the minimum setback and/or side yard and/or rear yard required by this By-law, the said building or structure may be enlarged, reconstructed, repaired and/or renovated provided that:
 
a) The enlargement, reconstruction, repair and/or renovation does not further reduce the existing front yard, and/or side yard and/or rear yard and/or lot coverage except as otherwise permitted by this By-law;
 
b) The enlargement, reconstruction, repair and/or renovation does not increase the gross floor area of the building or structure located within the applicable minimum required yard except as otherwise permitted by this By-law;
 
c) The building or structure is being used for a purpose permissible within the zone in which it is located; and,
 
d) All other applicable zone provisions of this By-law are complied with.
 
4.25.2 Reconstruction of Existing Buildings and Structures
Nothing in this By-law shall apply to prevent the reconstruction of any legally existing building or structure provided that:
 
a) The enlargement, reconstruction, repair and/or renovation does not further reduce the existing front yard, and/or side yard and/or rear yard and/or lot coverage except as otherwise permitted by this By-law;
 
b) The enlargement, reconstruction, repair and/or renovation does not increase the gross floor area of the building or structure located within the applicable minimum required yard except as otherwise permitted by this By-law;
 
c) The building or structure is being used for a purpose permissible within the zone in which it is located; and,
 
d) All other applicable zone provisions of this By-law are complied with.
 
4.25.3 Existing Undersized Lots of Record (By-law 2014-235Z) By-law 2015-72Z
 
(2012-178Z) 
Where a legally existing lot having a lesser lot area and/or lot frontage than required herein, or where a lot having a lesser lot area or lot frontage than required herein is created as a result of an acquisition of land by a public agency, such smaller lot may be used and a permitted building or structure, may be erected, altered and/or used on such smaller lot provided that all such lots comply with Section 4.3 of this By-law and all other applicable zone provisions of this By-law are complied with.
 
(2013-161Z) 
Lots that have been increased in size following passing of this By-law may also be used in accordance with this provision.
 
The following uses are prohibited in any Zone unless otherwise permitted by this By-law: (By-law 2014-235Z)
 
a) The use of any tent, trailer, recreation vehicle or motor vehicle for human habitation, except where such tent, trailer, recreation vehicle or motor vehicle is located in a camping ground;
 
b) The use of any accessory building or structure or boathouse for human habitation;
 
c) The use of bulk storage tanks for storage purposes on any lot;
 
d) The use of a truck, bus, coach body or rail car for human habitation or for storage purposes;
 
e) The storage of disused rail cars, streetcars, buses, truck bodies or trailers with or without wheels; (By-law 2012-67Z)
 
f) The parking or storage of trailers or commercial motor vehicles on a vacant lot;
 
g) The parking or storage of trailers or commercial motor vehicles on a vacant lot for the purposes of advertising;
 
h) The outdoor storage of partially dismantled motor vehicles or trailers or motor vehicle or trailer parts;
 
i) The boiling of blood, bone or soap;
 
j) The manufacturing, extracting or storing of fertilizers, oil or glue from human, fish or animal matter;
 
k) The tanning or storing of hides and skins;
 
l) Body rub parlour;
 
m) Obnoxious uses;
 
n) Smelters or ethanol plants;
 
o) The manufacturing, refining, rendering or distillation of acid, ammonia, chlorine, coal, coal oil, creosote, explosives, fireworks, glue, petroleum, tar or any other gas; and,
 
p) The bulk storage of industrial chemicals, hazardous waste or liquid industrial waste as defined under the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended.
 
 
4.27.1 General Standards
Where an outside display and sales area is permitted as an accessory use, the following provisions apply:
 
a) The outside display and sales area is located on the same lot as the principal use and does not occupy more than 25% of the total gross floor area of the principal use on the lot;
 
b) The outside display and sales area shall comply with the following:
 
i) Maximum distance from building containing the principal use on the lot – 12.0 metres;
 
ii) Minimum setback for outside display and sales area(s) from a Residential Zone boundary – 10.0 metres; and,
 
iii) The area used for outdoor display and sales is in addition to and separated from any required parking spaces, loading spaces, and/or any required landscaped open space on the lot.
 
4.27.2 Automotive Sales and Vehicle Sales or Rental Establishments
 
Section 4.27.1 above shall not apply to an automotive sales establishment, a vehicle sales or rental establishment or a recreation vehicle sales and service establishment.  Where these uses are permitted by this By-law, they shall be subject to the regulations of the zone in which the use is located, in addition to the following provisions:
 
a) The outdoor display and sales of vehicles shall be permitted within a required yard, however no areas of required landscaped open space may be used for outdoor display and sales;
 
b) The area used for outdoor display and sales is in addition to and separated from any required parking spacesloading spaces, and/or any required landscaped open space on the lot.
 
4.27.3 Seasonal Garden Centre
Section 4.27.1 b) i) and b iii) shall not apply to a seasonal garden centre accessory to a retail store or shopping centre which may be located such that it temporarily prevents the use of not more than 20 percent of the provided parking spaces, provided that:
 
a) the seasonal garden centre does not obstruct access to a fire route;
 
b) the seasonal garden centre occupies the lot for no more than 150 days within one calendar year; and,
 
c) no additional parking spaces shall be required for the seasonal garden centre.
 
 
4.28.1 General Standards
Where accessory outdoor storage is permitted in a zone, the following provisions apply unless otherwise permitted by this By-law:
 
a) Outdoor storage shall be permitted only in a rear or interior side yard and shall not be located any closer than 9.0 metres to any street line;
 
b) Outdoor storage shall be screened by opaque fencing with a minimum height of 2.2 metres, except that no such barrier shall be required:
 
i) where a permitted outdoor storage area abuts a railway right-of-way; and,
 
ii) where a permitted outdoor storage area in a M3, M4, M5 or M6 Zone is located more than 150 metres from a Residential Zone or arterial road;
 
c) Outdoor storage is not permitted within any yard abutting a residential zone boundary.
 
4.28.2 Exceptions
The outdoor storage provisions of this By-law shall not apply with respect to:
 
a) The outdoor storage of incidental garden supplies or equipment accessory to a dwelling;
 
b) The outdoor storage of refuse in accordance with any applicable regulations and requirements established from time to time by the City of Greater Sudbury;
 
c) The temporary parking or storage outdoors of vehicles, other than for purposes of display, hire or sale, in accordance with all applicable provisions hereof;
 
d) Outdoor storage related to a permitted agricultural use or any part of the front yard on a lot containing a permitted agricultural use, for a temporary seasonal roadside farm sales outlet;
 
e) Any part of a lot containing a single dwelling or duplex dwelling, for a special temporary sale, by auction or otherwise, of personal possessions belonging to the occupants thereof; or,
 
f) public park or road, for a special temporary sale duly authorized by the City of Greater Sudbury.
 
 
4.29.1 Establishment
Notwithstanding any other provision hereof to the contrary, the making or establishment of mines, pits and quarries, other than permitted wayside pits and quarries, shall be expressly prohibited throughout the zoned area except:
 
a) Where licensed by the Province of Ontario under the Aggregate Resources Act, R.S.O. 1990, c.A.8, as amended, or the Mining Act, R.S.O. 1990, c.M.14, as amended; and,
 
b) Where specifically permitted herein.
 
4.29.2 Processing
No person shall use land or erect any building or structure for the purpose of processing, washing, screening, sorting or crushing rock, sand gravel and/or peat except as required for the construction of a permitted building or structure or services related thereto, and as expressly provided for in this By-law.
 
4.29.3 Wayside Pits, Wayside Quarries And Accessory Portable Asphalt Or Concrete Plants
a) wayside pit or wayside quarry and accessory portable asphalt plant or portable concrete plant is permitted in any Zone with the exception of the following zones and areas:
 
i) Environmental Protection (EP) Zone;
 
ii) Any Residential (R) Zone;
 
iii) Registered and Draft Approved Plans of Subdivision;
 
iv) Cemeteries and other human burial sites; and,
 
v) Natural lakes and their shorelines.
 
b) Notwithstanding the above, in no case shall a wayside pit or wayside quarry be located less than 150.0 metres to a Residential Zone boundary or 150.0 metres from a dwelling unit, whichever is the more restrictive.
 
 
4.30.1 Lot Size
Notwithstanding any other provision of this By-law, where, as a result of an acquisition of land by a public agency, the lot, after the acquisition, is a non-complying lot, such non-complying lot may be used for any purpose permitted by this By-law within the Zone in which the lot is located, provided that no Health Unit or other regulations pursuant to the Environmental Protection Act, R.S.O. 1990, c.E.11, as amended are contravened and such lot retains access to an public road pursuant to Section 4.3 of this By-law.
 
4.30.2 Buildings, Structures, Parking, Loading and Landscaping (By-law 2018-40Z)
Notwithstanding any other provisions of this By-law, where, as a result of an acquisition of land by a public agency, such acquisition results in a contravention of this By-law relating to minimum yards and/or setbacks, lot coverage, floor space index or maximum permitted gross floor area or net floor area, parking and loading provisions or landscaped open space requirements, the buildings, structures, parking and loading and landscaped open space areas so affected shall be deemed to conform to the provisions of this By law.  Any change to such a building or structure would be permitted subject to the provisions of Section 4.25.1 of this By-law.
 
4.30.3 Non-Conformity Prior to Acquisition
Sections 4.30.1 and 4.30.2 are not construed as mitigating or legalizing any non-conformity or contravention pertaining to such lot prior to the date of such acquisition.
 
No person shall change the purpose for which any land, building or structure is used or erect any buildingstructure, or addition to any existing building or structure, or reduce the area of any lot, if the effect of such action is to cause the original, adjoining, remaining or new buildingstructure or lot to be in contravention with this By-law, except by an acquisition for public purposes in accordance with Section 4.30 of this By-law.
 
a) No satellite dish shall have a diameter of greater than 1.3 metres and shall not be more than 1.3 metres wide at its widest point.
 
b) All satellite dishes shall be attached to the main building on the lot.
 
c) Notwithstanding the above, there are no restrictions on the size or location of a satellite dish in any Commercial (C), Industrial (M) or Institutional (I) Zone, except that they are not permitted in a required yard.
 
No person shall erect or use a building or structure for a residential use on any lands unless approved sewage disposal and water supply services are available to the lot.
 
Shipping and storage containers shall not be placed or used on any lot in a Residential (R), Commercial (C), Mixed Light Industrial/Service Commercial (M1) or Business Industrial (M1-1) Zone and shall only be located on a lot:
 
a) As an accessory structure used in conjunction with a permitted agricultural, extractive, transport terminal or warehouse use;
 
b) For the purposes of rental, sale or distribution in a Light Industrial (M2) or Heavy Industrial (M3) Zone for use off site; and,
 
c) In accordance with Sections 4.40.5 and 4.40.7 of this By-  law.
 
 
4.35.1 Application
Notwithstanding any other provision of this By-law, a sight triangle shall be required at an at-grade intersection of two or more streets or of a road and a railway right-of-way, except that no sight triangle shall be required on a lot where this By-law does not require an exterior yard.
 
For the purposes of calculating the extent of a sight triangle as defined herein, the following distances shall apply as follows:
 
Table 4.2
Roads Sight Triangle Distance
Local 7.5 m
Arterial 9.0 m
Provincial Highways 9.0 m
Railway Right-of-Way 7.5 m

Notwithstanding Table 4.2, where a lot contains an automotive service station or a gas bar a sight triangle distance of 15.0 metres shall be used for the purposes of calculating the extent of the sight triangle.
 
4.35.2 Prohibition of Obstructions
Within any part of a sight triangle as defined herein:
 
a) No building, structure, sign, wall or fence shall be erected, located or placed, in whole or in part;
 
b) No vehicle shall be parked or stored;
 
c) No land shall be graded; and,
 
d) No landscaping materials shall be located or allowed to grow,
 
in such a manner as to impede or obstruct in any way the field of view across such sight triangle for persons driving vehicles on an abutting road, but in no case greater than 1.0 metre in height above the average elevation of the said sight triangle, determined by averaging the elevations of the three corner points thereof.
(By-law 2011-49Z) (By-law 2012-67Z)
 
The provisions of this By-law shall not apply to prevent the erection, alteration or use of any sign provided such sign complies with the By-laws of the City respecting signs.
 
 
4.37.1 Minimum Distance Separation
Notwithstanding any other yard or setback provision in this By-law to the contrary, no building housing livestock or manure handling facility shall be erected or expanded unless it complies with the Minimum Separation Distance (MDS II) Formulae as developed by the Ontario Ministry of Agriculture and Rural Affairs, as amended from time to time, attached as Appendix 1 to this By-law.
 
4.37.2 Railroads 
Unless otherwise specified in this By-law, all buildings and structures shall be setback the following distances from any lot line abutting a railroad right-of-way:
 
a) 15.0 metres in any Commercial (C) or Industrial (M) Zone; and,
 
b) 30.0 metres in all other zones.
 
4.37.3 Kennels
Notwithstanding any other provision of this By-law to the contrary, a kennel shall be located a minimum of 300.0 metres from any residential building or Residential (R) Zone boundary excluding a residential building located on the same lot as the kennel.
(By-law 2011-49Z)
 
a) The use of trailers, travel trailers, recreation vehicles, truck campers, and camper trailers for commercial purposes or habitation shall be prohibited in all Zones except in areas where such use is expressly permitted by this By-law.
 
b) No other form of trailer or vehicle shall be used for human habitation unless expressly permitted by this By-law.
 
c) The outdoor parking and storing of recreation vehicles, truck campers, camper trailers, trailers and licensed off road recreation vehicles in a Residential (R) Zone shall be in accordance with Section 5.4.7 of this By-law.
 
 
a) The parking of an unlicensed motor vehicle on a lot shall be permitted:
 
i) Only as an accessory use to an automotive repair shop, automotive sales establishment, automotive body shop, vehicle repair shop, a vehicle sales or rental establishment or a recreation vehicle sales and service establishment located on the same lot.
 
ii) In a Residential (R) Zone in accordance with Section 5.4.6 of this By-law.
 
 
4.40.1 Institutional and Public Uses
Nothing in this By-law shall apply to prevent or otherwise restrict in any way any of the following:
 
a) The use of any land for, or as the site of:
 
i) A railway, with or without any installations or structures appurtenant thereto;
 
ii) A road, with or without any installations or structures appurtenant thereto or erected thereon under the auspices of a public agency for the purpose of providing a service to the general public;
 
iii) public fire detection device or structure;
 
iv) public lighting fixture; or,
 
v) public memorial or ornamental structure including, without limiting the generality of the foregoing, a statue, monument, cenotaph, plaque or fountain;
 
vi) transit station;
 
vii) public park;
 
viii) A public waste transfer site operated by the City of Greater Sudbury; and,
 
ix) legal existing cemetery.
 
b) The installation or maintenance of any part of:
 
i) A flood control structure, stormwater management pond, public water system, public sanitary sewer system or public storm sewer system, and any associated pumping station or other related installation, other than a sewage treatment facility;
 
ii) A telephone, radio or television broadcasting, transmitting or receiving antenna, and any associated tower or other related installation, other than an audio/visual studio, provided that a satellite dish antenna shall comply with Section 4.32 of this By-law and shall not be located in an exterior yard in any residential zone;
 
iii) An above-ground or underground gas main or pipeline, and any associated pumping station or other related installation, other than a fuel depot; or,
 
iv) An overhead or underground electrical, cable television, telegraph or telephone line and any associated tower, transformer or other related installation including, except in a Residential (R), Commercial (C) or Institutional (I) Zone, an electric power generating station.
 
Provided that any such facility or installation, or any lot so used, is designed, landscaped and maintained in general harmony with neighbouring uses.
 
c) The continued use of any lot in any zone for a specific institutional use legally existing thereon, in accordance with all applicable provisions and requirements hereof, except that in a zone where such use is not specifically listed as a permitted use, the zone requirements pertaining to Institutional Zones, set out in Part 10 of this By-law, shall apply.
 
4.40.2 Accessory Dwelling Units
One dwelling unit on a lot shall be permitted accessory to permitted non-residential uses in any zone other than a Shopping Centre Commercial (C5) Zone, except where a dwelling unit is a permitted use in a zone, provided that no dwelling unit shall be located within a portion of a non-residential building which is used:
 
a) To house livestock;
 
b) As part of a fuel depot operation or any premises that has flammable fluids or hazardous materials stored in bulk for commercial purposes;
 
c) For a marina;
 
d) For an automotive body shop;
 
e) For an automotive repair shop;
 
f) For an automotive service station;
 
g) For a vehicle repair shop; or,
 
h) For a vehicle sales or rental establishment.
 
4.40.3 Conservation Uses, Outdoor Recreation Areas and Agricultural Uses
Nothing in this By-law shall apply to prevent the use of any open area of land for a conservation useoutdoor recreation area or agricultural use in any zone,  except in a Residential (R) or Commercial (C) Zone provided that no building or structure requiring a building permit is erected with any such use except where specifically permitted by this By-law.
 
4.40.4 Home Occupations
Home occupations accessory to permitted dwelling units shall be permitted in any zone, other than an SLS Zone, subject to the provisions of Subsection 4.14.
 
4.40.5 Temporary Construction Uses
Nothing in this By-law shall apply to prevent the use of any part of any lot for, a tool shed, construction trailer, shipping or storage container, scaffold or other building or structure incidental to construction and the temporary storage of construction supplies and equipment in all Zones within the City on the same lot on which the construction work is in progress or in relation to a road or public utility, so long as it is necessary for the work in progress and until the work is completed or abandoned.
 
For the purposes of this section, abandoned shall mean the discontinuation of work for more than 90 consecutive days or the failure to maintain a current building permit.
(By-law 2011-49Z)
 
4.40.6 Temporary Sales Office
A temporary sales office for the sale of residential dwelling units, and industrial or commercial suites, shall be permitted in any zone, provided that:
 
a) The temporary sales office is located on the same lot as the dwelling units or suites to be sold; or
 
b) The sales office is located within the boundaries of the same draft plan of subdivision approved under Section 51 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
 
4.40.7 Temporary Shipping or Storage Containers
Nothing in this By-law shall apply to prevent the use of any part of any lot for the placement and use of not more than a total of one shipping or storage container shall be permitted on a residential lot or a lot within a Commercial (C) or Institutional (I) Zone for a maximum of 14 consecutive days for the purposes of being loaded or unloaded where a use, business or the occupants of a dwelling are moving from a premises or lot to another premises or lot.
(By-law 2011-49Z)
 
4.40.8  Filming Event
Nothing in this By-law shall apply to prevent the use of any part of any land, building or structure for a filming event in any zone, provided that any required approvals or permits from the City of Greater Sudbury or other regulating authority have been obtained. (By-law 2016-70Z)
 
 
4.41.1 Water Frontage (Minimum Required)
On a waterfront lot or any other lot abutting a navigable waterbody, the minimum total water frontage required for all shorelines shall be equivalent to the lot frontage required for such lot in the applicable Zone except in a (C7) Resort Commercial zone, where 60.0 metres shall be the minimum required water frontage.(By-law 2011-49Z)
 
4.41.2 Setback Requirements for Residential Buildings and Accessory Structures
Notwithstanding any other provision of this By-law to the contrary, except for gazebos, boathouses, docks, decks, stairs, water pumps and saunas and Section 4.41.4, no person shall erect any residential building  or other accessory building or structure closer than 12.0 metres to the high water mark of a navigable waterbody.
(By-law 2011-49Z)
 
4.41.3 Shoreline Buffer Areas
Notwithstanding any other provision of this By-law to the contrary, a shoreline buffer area is to remain in a natural vegetated state to a depth of 12.0 metres from the high water mark of a navigable waterbody.
 
Notwithstanding the above, the following areas adjacent to the high water mark of a navigable waterbody are permitted to be cleared of natural vegetation:
 
a)  On any residential lot,
 
i)  a maximum of 25 % of the required shoreline buffer area, but in no case shall exceed a maximum of 276m2, and
 
ii)    The maximum length of the cleared area measured at the high water mark shall be 25 % of the length of the shoreline of the lot but in no case shall the maximum length of cleared area measured at the high water mark exceed 23 metres in length.
 
b) In any Commercial (C) Zone, 33 % of the area of the required shoreline buffer area of the lot. (By-law 2011-49Z)
 
4.41.4 Shoreline Structures and Facilities
a) Within 12 metres of the high water mark of a navigable waterbody, only the following structures shall be permitted within the area permitted to be cleared of natural vegetation in Section 4.41.3 above.
 
i)   Permitted accessory structures as set out in 4.41.2 of this By-law, and,
 
ii)  Boat launches, marine railways, waterlines and heat pump loops. (By-law 2011-49Z)
 
b) The construction or installation of in-water shoreline structures and facilities shall not be permitted in an Environmental Protection (EP) Zone.
 
c) No portion of any boathouse or part thereof shall be used for human habitation including sleeping, cooking, or living area.
 
d) Unless specifically identified as a principal use, boat docks and boat lifts are only permitted as an accessory structure.
 
 
Wellhead protection areas, intake protection zones and the Ramsey Lake watershed are shown as overlay Zones on the Schedules to this By-law.
 
Notwithstanding the provisions of this By-law to the contrary, in addition to the uses listed in Section 4.26 of this By-law the following uses shall also be prohibited within all Wellhead Protection Area (WHPA) vulnerability scoring 10 overlay zones and all Intake Protection Zones (IPZ) 1 vulnerability scoring 10 overlay zones:
 
i) The use, storage or application to land of agricultural source material;
 
ii) The use, storage or application to land of non-agricultural source material;
 
iii) Abattoir;
 
iv) Automotive body shop including where accessory to any other use;
 
v) Automotive lube shop including where accessory to any other use;
 
vi) Automotive repair shop including where accessory to any other use;
 
vii) Automotive service station;
 
viii) Bulk storage tank;
 
ix) Chemical manufacturing;
 
x) Commercial or public garage;
 
xi) Dry cleaning establishment;
 
xii) Electroplating or metal fabricating and finishing operation;
 
xiii) Fuel depot;
 
xiv) Furniture and wood stripping and refinishing operation;
 
xv) Gas bar;
 
xvi) Grazing, breeding, raising, boarding or training of livestock;
 
xvii) Mine tailings disposal;
 
xviii) Salvage or wrecking yard;
 
xix) Slag dump;
 
xx) Snow storage disposal facility;
 
xxi) Storage of dense non-aqueous phase liquids or organic solvents on a lot at
quantities greater than 25 litres;
 
xxii) Storage of salt on a lot at quantities greater than:
a) 5,000 tonnes in WHPAs;
b) 500 tonnes in IPZ 1 Vermilion and IPZ 1 Wanapitei;
c) 0.5 tonnes in IPZ 1 Ramsey;
 
xxiii) Storage of pesticides on a lot at quantities greater than 250 kilograms;
 
xxiv) Vehicle repair shop;
 
xxv) Waste disposal area;
 
xxvi) Wood preserving and treatment operations.
 
 
Notwithstanding the provisions of this By-law to the contrary, in addition to the uses listed in Section 4.26 of this By-law the following uses shall also be prohibited within all Wellhead Protection Area (WHPA) vulnerability scoring 8 overlay zone:
 
i) Automotive body shop including where accessory to any other use;
 
ii) Automotive lube shop including where accessory to any other use;
 
iii) Automotive repair shop including where accessory to any other use;
 
iv) Chemical manufacturing;
 
v) Commercial or public garage;
 
vi) Dry cleaning establishment;
 
vii) Electroplating or metal fabricating and finishing operation;
 
viii) Furniture and wood stripping and refinishing operation;
 
ix) Storage of dense non-aqueous phase liquids or organic solvents on a lot at quantities greater than 25 litres;
 
x) Vehicle repair shop;
 
xi) Waste disposal area;
 
xii) Wood preserving and treatment operations.
 
4.42.3  Ramsey Lake Watershed (RLW) Overlay Zone
 
Notwithstanding the provisions of this By-law to the contrary, in addition to the uses listed in Section 4.26 of this By-law the following uses shall also be prohibited within the Ramsey Lake Watershed (RLW) overlay zone:
 
i) The use, storage or application to land of agricultural source material;
 
ii) The use, storage or application to land of non-agricultural source material;
 
iii) Abattoir;
 
iv) Grazing, breeding, raising, boarding or training of livestock;
 
v) Mine tailing disposal;
 
vi) Slag dump;
 
vii) Snow storage disposal facility;
 
viii) Storage of salt on a lot at quantities greater than 0.5 tonnes;
 
ix) Storage of pesticides on a lot at quantities greater than 2,500 kilograms;
 
x) Waste disposal area.
 
4.42.4  Intake Protection Zones (IPZ) 2 and 3 Vulnerability Score 8  for the Wanapitei River Overlay Zone
 
Notwithstanding the provisions of this By-law to the contrary, in addition to the uses listed in Section 4.26 of this By-law the following uses shall also be prohibited within the Intake Protection Zones (IPZ) 2 and 3 vulnerability scoring 8 overlay zone for the Wanapitei River:
 
i) The use, storage or application to land of agricultural source material;
 
ii) The use, storage or application to land of non-agricultural source material;
 
iii) Abattoir;
 
iv) Grazing, breeding, raising, boarding or training of livestock.
 
4.42.5   Existing Uses
 
Where a use is prohibited in a Wellhead Protection Area (WHPA), Intake Protection Zone (IPZ) and Ramsey Lake Watershed (RLW) overlay Zones and the use exists and was legally existing prior to the effective date of this By-law, the use shall continue to be permitted in accordance with the use provisions of the underlying Zone, but no expansion of any building or structure for a use listed in 4.42.1, 4.42.2, 4.42.3 and 4.42.4 of this By-law shall be permitted.

PART 5: 

PARKING AND LOADING PROVISIONS


a) The parking and loading space requirements of this Part of the By-law shall not apply to any legally existing building at the date of passing of this By-law so long as the floor area, as it existed at such date, is not increased and provided that the use of the building or structure is not changed to a use that requires more parking spaces than the existing use.
 
b) If an addition is made to the building that increases the floor area, additional parking and loading spaces shall be required to be provided for the additional floor area as required by this By-law.
 
c) If the use of lands or a building or part of a building is changed to a use that requires additional parking than what existed as of the date of passing of this By-law, additional parking and loading spaces shall be required in accordance with this By-law. (By-law 2012-67Z)
 
 
5.2.1 Restriction on Use of Land, Buildings and Structures
No person shall use any land, building or structure in any Zone for any purpose permitted by this By-law, unless parking spaces are provided in accordance with the provisions of this Part of the By-law.
 
5.2.2 Calculation of Parking Requirements 
 
5.2.2.1 Rounding of Requirements
Where the minimum number of parking spaces required is calculated on the basis of a rate or ratio and results in a fraction of a parking space being required for a lot, any fraction less than 0.5 shall be disregarded while any fraction equal or in excess of 0.5 shall be rounded to the next whole number which shall be the required parking spaces. (By-law 2014-235Z)
 
5.2.2.2 More than One Use on a Lot 
The parking requirements for more than one use on a single lot or for a building containing more than one use, shall be the sum total of the parking requirements for each of the component uses prior to rounding in accordance with Section 5.2.2.1 above, except that parking space requirements applicable to main uses shall apply to all uses accessory thereto except where otherwise specifically provided herein.
 
5.2.2.3 Requirements Based on Capacity
Where the number of parking spaces required in accordance with this By-law is based upon the “capacity” of a use, such capacity shall be equal to the maximum capacity of any building or structure pertaining to such use, as determined by the Ontario Building Code, relevant fire safety regulations or, where applicable, the Liquor Licensing Board or Ontario or other public agency having jurisdiction, whichever capacity is the lesser.
 
5.2.2.4  Greatest Applicable Requirement to Prevail
Where two or more different parking space requirements apply to the same use, such as where a use is included in two or more categories of uses, the greater parking space requirement shall prevail except where otherwise specifically provided herein.
 
5.2.3 Dimensions of Parking Spaces
 
5.2.3.1 General Requirements 
a)  Where parking spaces are provided in a surface parking area, or on a driveway each parking space shall have a width of not less than 2.75 metres and a length of not less than 6.0 metres. Where the length of such parking space abuts a wall or barrier, the width of the parking space shall be 3.0 metres.
 
b)  Where parking spaces are provided in an enclosed or underground parking structure, such parking spaces shall have a width of not less than 2.6 metres and a length of not less than 5.5 metres.
 
c) Where required parking spaces are provided within a private garage accessory to a detached dwellingsemi-detached dwelling, row dwelling or street townhouse dwelling, with such a private garage being a single car garage or a double car garage with a separating wall, each parking space shall have a width of not less than 2.75 metres and length of not less than 6.0 metres and shall be unobstructed by any component of any structure, including stairs.
 
5.2.3.2 Parallel Parking
Where principal access to a parking space is located on its longest side, such parking space shall have a minimum width of 2.75 metres and a minimum length of 6.9 metres.
 
5.2.3.3 Single Stacked Angled Parking
Where principal access to a parking space is located on its shortest side, and where the parking space is provided at any angle between forty-five and seventy degrees, measured between the edge of the pavement and the longer side of the parking space, such parking space shall have a minimum width of 2.75 metres and a minimum length of 6.4 metres.
 
5.2.3.4 Compact Car Parking
Notwithstanding any other provision of this Part of the By-Law to the contrary, where 10 or more parking spaces are required on a lot, the minimum rectangular dimensions required for not more than 10% of such parking spaces shall be 2.5 m by 5.5 m, provided that any such parking space is clearly identified as being reserved for the parking of small cars only.
 
5.2.3.5 Accessible Parking
Accessible parking spaces for the exclusive use of physically disabled persons shall be provided in accordance with Tables 5.1 and 5.2, below:
 

Table 5.1: Accessible Parking Requirements for a Hospital or Medical Office

Total Number of Automobile Parking Spaces Provided Minimum Required Number of Barrier-free Parking Spaces
1-9 1
For each additional 30 spaces or part thereof 1 additional space

 

Table 5.2: Accessible Parking Requirements for All Other Uses

Total Number of Automobile Parking Spaces Provided Minimum Required Number of Barrier-free Parking Spaces
1-9 0
10-50 1
51-100 2
For each additional 50 spaces or part thereof 1 additional space

 

a) An accessible parking space shall have minimum rectangular dimensions of 4.4 metres by 6.0 metres;
 
b) An accessible parking space shall be located on level ground readily accessible to an entrance to such building; and,
 
c) An accessible parking space shall be clearly identified and reserved for the exclusive use of physically disabled persons.
 
5.2.4 Location of Required Parking 
 
5.2.4.1 Same Lot as the Use
Required parking spaces shall be located on the same lot as the use that requires the parking.
 
5.2.4.2 When Off-site Parking may be Permitted
Notwithstanding Section 5.2.4.1 above, required parking spaces for any use within a Commercial (C), Industrial (M) or Institutional (I) Zones may be located on another lot within 100.0 metres of the lot on which parking would be required for a use, provided that:
 
a) An agreement with the City is registered against title of both such registered lots binding and requiring the owner thereof to maintain such parking spaces for the duration of the buildingstructure or use for which they are required; and,
 
b) The off-site parking is located on a lot held under the same ownership and is in the same Zone as the subject lot; or,
 
c) The main use is a permitted use on both lots; or,
 
d) The lot on which the parking is being provided is located in a zone that permits a parking lot.
 
5.2.4.3 Yards where Parking Areas are Permitted
Outdoor parking areas shall be permitted in any part of any yard, except that no part of any parking area shall be located:
 
a) Within a sight triangle in accordance with Section 4.35 of this By-law;
 
b) In any required front yard or required corner side yard in any Agricultural (A), Rural (RU), Rural Shoreline (RS), Seasonal (SLS), Future Development (FD), Open Space (OS) or any Residential (R) Zone; and,
 
c) Closer to any road having a width of more than 10.0 metres, or any Residential Zone than:
 
i) 4.5 metres in an Industrial (M) Zone; or,
 
ii) 3.0 metres in a Commercial (C) or Institutional (I) Zone.
 
5.2.5 Surface Treatment 
All required parking spacesparking areasparking lots and all driveways providing access thereto shall be established and maintained with a stable surface, treated so as to prevent the raising of dust or loose particles and comprised in whole or in part of one or more materials including asphalt, concrete, concrete or brick pavers, gravel or similar materials.
 
5.2.6 Exclusive Use of a Parking Space 
Any required parking space shall be unobstructed and available for parking purposes and used exclusively for that purpose at all times, unless otherwise specified in this By-law.
 
5.2.7 Parking Required for Outdoor Patios 
Parking spaces are not required for any outdoor patio that occupies less than 40% of the net floor area of a restaurant or tavern it serves.  Where the outdoor patio occupies an area equal to or greater than 40% of the net floor area of the restaurant or tavern it serves, parking spaces shall be required for the restaurant or tavern use as specified in Section 5.3 of this By-law.
 
5.2.8 Cash-in-Lieu of Parking
Parking spaces required by Sections 5.3 and 5.5 of this By-law shall not be required if the Council has entered into an agreement with the landowner respecting the payment of cash-in-lieu of some or all of the parking required in accordance with Section 40 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
 
5.2.9 Access to Parking Areas and Parking Spaces
 
5.2.9.1 Double Parking
Each required parking space shall be accessible at all times for parking a vehicle without the necessity of moving any other vehicle, except that nothing in this By-law shall apply to prevent the parking of a vehicle in any part of a driveway accessory to a single dwelling.
 
5.2.9.2 Width of Parking Aisles 
The minimum width of an aisle providing access to a parking space within a parking area shall be 6.0 metres, except as set out in Table 5.3, below in the case of angled off-street parking spaces accessed by a one-way aisle.
 
Table 5.3: Width of Parking Aisles
Angle of Parking (Degrees) Minimum Required Aisle Width (Metres)
Equal To Less Than  
0 45 4.0
45 60 5.5
60 90 6.0


5.2.9.3 Width of Access Ramps and Driveways 
Access ramps and driveways accessing a parking area or parking lot shall be a minimum of 3.0 metres in width for one-way traffic and a minimum of 6.0 metres in width for two-way traffic except as provided in Section 5.4.3.1 a). (By-law 2012-67Z)
 
The number of parking spaces required for non-residential uses shall be calculated in accordance with the standards set out in Table 5.4.
 

Table 5.4: Non-Residential Parking Requirements For All Zones, Except the C6 Zone (2012-178Z) (2014-113Z)

Use Minimum Parking Space Requirement
Abattoir  1/90 m² net floor area
Adult Entertainment Parlours  1/10 m² gross floor area
Animal Shelter 1/25 m² net floor area
Arena  1/6 persons of capacity
Art Gallery  1/40 m² net floor area
Assembly Hall  1/6 persons of capacity
Auctioneer’s Establishment  1/45 m² net floor area
Audio/Visual Studio  1/20 m² gross floor area + 1/10 persons capacity of any studio or auditorium with a capacity of over 50 persons
Automotive Use  Unless otherwise defined 1/30 m² net floor area
Banquet Hall  1/4 persons capacity
Building Supply and Lumber Outlet  1/45 m² net floor area
Bus Terminal  1/10 m² net floor area
Business Office  1/30 m² net floor area
Camping Ground 1/ campsite
Car Wash – Manual 3 parking spaces OR 3 queuing spaces/ washing bay, whichever is greater
Commercial School 1/20 m² net floor area
Commercial Self-Storage Facility 1/5 m²  for accessory office area plus 1/100 m², of the storage area, except where the driveway access to the storage unit has a minimum width of 7 metres, in which case no additional parking spaces shall be required
Convenience Store  1/20 m² net floor area
Day Care Centre 1.5/ classroom plus 1/30 m² net floor area
Dry Cleaning Establishment 1/20 m² net floor area
Equestrian Event Facility 1/6 persons of capacity
Farm Implement Sales Outlet 1/45 m² net floor area
Farm Sales Outlet 1/45 m² net floor area
Financial Institution 1/30 m² net floor area
Fitness Centre 1/6 persons capacity
Food Processing Plant 1/90 m² net floor area + 1/30 m²  net floor area of accessory office net floor area
Fuel Depot 1/30 m² net floor area
Funeral Home 1/20 m² net floor area
Garden Nursery 1/20 m² net floor area
Golf Course 4/hole, plus 1/25 m² net floor area of all buildings
Golf Driving Range 1.5/tee
Heavy Equipment Sales and Rental 1/45 m² net floor area
Home Improvement Centre 1/30 m² net floor area
Hospital 2/bed, according to designed capacity
Hotel 1/guest room plus 1 per 10m² net floor area of any restaurant, dining room, lounge, tavern, banquet hall, meeting room, retail store or any other area, used to accommodate the public
Industrial Uses 1/90 m² net floor area, plus 1/30m² net floor area of accessory office
Institutional Uses Unless otherwise specified on Table 5.4, 1/20 m² net floor area
Kennel Minimum 3 spaces OR 1/25 m² net floor area whichever is greater
Laundromat 1/20 m² net floor area
Library 1/25 m² net floor area
Long Term Care Facility 0.5/bed, plus 1/20m² net floor area of any accessory use
Marina 1/ boat mooring and 2/ boat launching ramp, plus any required for accessory uses other than boat storage areas or boat storage sheds
Medical Marihuana Production Facility 1/90 m² net floor area + 1/30m² net floor area of accessory office
Medical Office 5 spaces OR 1/20 m² net floor area, whichever is greater
Mobile Home Dealership 1/20 m² net floor area
Modular Building Dealership
(By-law 2012-67Z)
1/20 m² net floor area

Museum

1/20 m² net floor area
Personal Service Shop 1/20 m² net floor area
Place of Amusement 1/20 m² net floor area
Place of Worship 1/5 seats or 1/3m of bench space OR 1/20 m² gross floor area devoted for public use, whichever is greater
Private Club 1/20 m² net floor area
Public Utility 1/ 90 m² net floor area, plus 1 per 30 m² net floor area accessory office 
Race Track 1/6 persons of capacity
Recreation and Community Centre 1/6 persons of capacity
Recreation Centre, Commercial 1/6 persons of capacity, plus 1/20m² net floor area of any accessory use
Recreation Vehicle Sale and Service Establishment 1/20m² net floor area of accessory office
Restaurant 1/10 m² net floor area OR 1/3 persons seating capacity, whichever is greater
Restaurant, Take-Out 3 spaces plus 1/10 m² net floor area
Retail Store 1/20 m² net floor area
Retirement Home 4 spaces, plus 0.5 parking spaces for each of the first 30 guest rooms, plus 0.25 parking spaces for each additional guest rooms plus 1/20 m² net floor area  used for medical, health or personal services
School Elementary – 2/classroom
Secondary – 6.5/classroom
Trade – 1/30 m² net floor area and accessory offices, plus 1/every 15 students 
University/College – 1/100 m² net floor area + 1/5 students except for a student residence  which shall be 1 /4 beds
Service Shop 1/20 m² net floor area
Service Trade 1/20 m² net floor area
Shopping Centre, (with a minimum gross floor area of 4,650 m²)

1/20 m² net floor area

Special Needs Facility Unless otherwise specified on Table 5.4, 1/4 beds, according to designed capacity
Stadium 1/6 persons of capacity
Stockyard 1/30 m² net floor area
Tavern 1/ 10 m² net floor area OR 1/3 persons seating capacity, whichever is greater
Theatres 1/4 seats
Transport Terminal 1/90 m² net floor area
Veterinary Clinic 1/24 m² net floor area
Warehouse 1/90 m², plus 1/30 m² net floor area of accessory office
Wayside Pit or Quarry 1/30m² net floor area of accessory office
Any other use not specified in this table 1/20m² net floor area



5.4 GENERAL RESIDENTIAL PARKING PROVISIONS

 
5.4.1 Location of Parking
The parking of motor vehicles associated with a residential use is only permitted within a parking structure, surface parking areaprivate garagecarport or on a driveway accessing an individual dwelling unit, a private garage or a carport.  No vehicle may be parked on an unsurfaced area of any front yard or corner side yard.
 
5.4.2 General Parking Provisions for Ground Oriented Residential Dwelling Units (Single detached, Semi-detached, Duplex and Street Townhouse Dwellings) in a Residential Zone
a) Subject to Section 5.2.4 of this By-law, within a front yard or corner side yard, motor vehicle parking is only permitted on a driveway.  Parking of motor vehicles shall only be permitted within the maximum driveway widths.
 
b) driveway associated with a ground-oriented residential dwelling shall provide direct access to a private garage or parking space.
 
c) Subject to the provisions for circular driveways, only one driveway is permitted per lot.
 
5.4.3 Driveways in Residential Zones
 
5.4.3.1 Maximum and Minimum Driveway Width
 
a) The minimum driveway width shall be 3.0 metres.
 
b) The minimum driveway width providing access to a mobile home park or internal access to a mobile home site shall be 6.0 metres.
 
c) The maximum width of a driveway at the street line providing access:
 
i) to a single detached dwellingduplex dwelling or semi-detached dwelling shall be 6.3 m and,
 
ii) to a street townhouse dwelling shall be 3.3 m.
 
5.4.3.2  Entrances for Driveways 
a) Driveways used for providing access for the parking of motor vehicles, shall:
 
i) Not be located within a sight triangle, except that, where a lot is occupied by a semi-detached dwelling unit, the driveway shall be located along the front lot line or exterior side lot line, at the location furthest removed from the intersection; and,
 
ii) Comply with any applicable regulations of the City of Greater Sudbury or the Provincial Ministry of Transportation pertaining to entrances onto public roads.
 
5.4.3.3  Provisions for Circular Driveways 
a) Circular driveways that include two connected accesses from a lot onto a public road shall not be permitted on lots in a Residential (R) Zone, except where:
 
i) The lot has a minimum 30.0 metres of lot frontage;
 
ii) The main building is setback at least 15.0 metres from the street line;
 
iii) The driveways are at least 7.0 metres apart, at the street line;
 
iv) The second driveway connects the public road to the other driveway that provides direct access from the public road;
 
v) No more than 50% of the area of the front yard is used for driveway purposes;
 
vi) The maximum width of each driveway at the street line shall be 4.0 metres;
 
vii) The second driveway is not onto an arterial road; and
 
viii)   The necessary permits have been obtained from the City  for the driveway entrance.
 
(By-law 2011-49Z)
 
5.4.4 Parking Structures 
Parking structures shall comply with the provisions for the main building in accordance with this By-law. No setbacks or yards shall be required for any portion of a parking structure if it is constructed completely below the finished grade. This exemption shall also apply to ventilation shafts and housings, stairways and other similar facilities associated with below grade parking structures that extend from below finished grade.
 
5.4.5 Parking of Commercial Vehicles on Residential Lots 
a) The parking or storage outdoors of one commercial vehicle per dwelling unit is permitted on any residential lot, provided that such vehicle:
 
i) Has a registered gross vehicle weight of 4,500 kilograms or less and a height of 2.2 metres or less; and,
 
ii) Is owned or operated by the owner or occupant of the dwelling unit.
 
b) Notwithstanding Section 5.4.5(a) above:
 
i) In all Residential (R) Zones, Rural Shoreline (RS) and Seasonal Limited Service (SLS) Zones, the parking of a commercial vehicle that is used for the primary purpose of transporting more than 12 persons for remuneration shall not be permitted.
 
ii) If the commercial vehicle is a school bus, it may exceed a registered gross vehicle weight of 4,500 kilograms and may exceed the height of 2.2 metres within the Agricultural (A) and Rural (RU) Zones.
(By-law 2011-49Z)
 
5.4.6 Unlicensed Motor Vehicles
a) An unlicensed motor vehicle, excluding those permitted under Section 5.4.7 of the By-law, shall not be permitted to park on any lot in a Residential (R) Zone unless it is located in a garage or carport.
 
5.4.7   Parking of Travel Trailers, Recreation Vehicles and Campers
The outdoor parking and storing of a recreation vehicle, truck camper, camper trailer, trailer and licensed off-road recreation vehicle shall be prohibited in all Residential Zones except that a recreation vehicle, truck camper, camper trailer, trailer or licensed off-road recreation vehicle, may be stored outdoors in a Residential Zone in:
 
a) The rear or interior side yard, provided that it meets the required setbacks that would apply to an accessory building of the same height as the vehicle, camper or trailer; and,
 
b) The front yard and corner side yard but not within a required exterior yard.
 
 
5.5.1 All Zones Excluding the Downtown Commercial (C6) Zone
The number of parking spaces required for residential uses in all Zones excluding the Downtown Commercial (C6) Zone shall be calculated in accordance with the standards set out in Table 5.5.
 
Table 5.5: Residential Parking Requirements For All Zones Except the Downtown Commercial (C6) Zone (By-law 2015-72Z) (By-law 2016-133Z)
Use Minimum Parking Space Requirement
Bed and Breakfast Establishment 1/ guest room plus the parking space required for the dwelling unit
Crisis Residence 1/4 beds
Dwelling Unit, Accessory 1/ dwelling unit
Retirement Home 4 spaces, plus 0.5 parking spaces for each of the first 30 guest rooms, plus 0.25 parking spaces for each additional guest rooms plus 1/20 m² gross floor area used for medical, health or personal services
Dwelling, Boarding House 
Rooming House

(By-law 2011-49Z)
1 plus 0.75 parking spaces per accessory guest room
Dwelling, Multiple
Dwelling, Row
1.5/ unit
Dwelling, Mobile Home
Dwelling, Seasonal
Dwelling Unit, Secondary
Dwelling, Semi-Detached
Dwelling, Single Detached
Dwelling, Street Townhouse
Dwelling, Duplex
Dwelling, Linked
1/ unit
Garden Suite Zero
Long Term Care Facility 0.5/bed, plus 1/20m² net floor area of any accessory use
5.5.2 Downtown Commercial (C6) Zone
a) The number of parking spaces required for residential uses shall be calculated in accordance with the standards set out in Table 5.6, below.
 
TABLE 5.6: Residential Parking Requirements For the C6 Zone
Use Minimum Parking Space Requirement
Boarding house dwelling or rooming house 1/ dwelling unit, plus 0.25/ guest room
Dwelling units 1/ dwelling unit
Hotels 0.5/ guest room

b) Notwithstanding Table 5.6 above, the conversion of a building or part thereof in the Downtown Commercial (C6) Zone that is 5 years of age or older to dwelling unitsboarding house dwellings or rooming house shall not require any parking spaces. (By-law 2012-67Z)
 
 
5.6.1 Restriction on Use of Land, Buildings and Structure 
No person shall use any land, building or structure in any Residential (R), Commercial (C), Institutional (I) or Industrial (M) Zone for any purpose permitted by this By-law, unless loading spaces are provided in accordance with the provisions of this Section of the By-law.
 
5.6.2 Calculation of Loading Requirements 
The loading space requirements for more than one use on a single lot or for a building containing more than one use, shall be the sum total of the loading space requirements for each of the uses, unless otherwise noted.
 
5.6.3 Loading Space Requirements 
On a lot used for a multiple dwelling, an industrial use, public use, commercial use or a warehouse, unobstructed indoor or outdoor loading spaces shall be provided and maintained on the same lot, in accordance with the provisions of this Section.
 
The number of loading spaces required on a lot shall be based on the number of dwelling units, or the floor area, of all of the buildings on the lot for which loading spaces are required in accordance with the standards set out in Tables 5.7 and 5.8, below:
 

TABLE 5.7: Loading Spaces for Specific Uses

Use Loading Spaces Required
Multiple Dwelling containing 50 or more dwelling units 1
Automotive Sales Establishment 1


TABLE 5.8: Loading Spaces for All Other Uses (By-law 2015-72Z)

Gross Floor Area Loading Spaces Required
Less than 300 m² gross floor area 0
300 m2 to 4,500 m² gross floor area 1
Over 4,500 m² gross floor area 1 additional loading space for each additional 9,000 m² gross floor area or part thereof


(By-law 2015-72Z) Notwithstanding Table 5.8 above:

 
a) No more than 1 loading space shall be required for all net floor area on a lot devoted to office uses; and,
 
b) Any area of a building used for the parking of vehicles shall not be considered as comprising part of the gross floor area for the purposes of determining loading space requirements.
 
5.6.4 Dimensions of Loading Spaces 
Each loading space shall be a minimum of 3.6 metres wide, 9.0 metres long and have a minimum vertical clearance of 4.2 metres.
 
5.6.5 Location of Required Loading Spaces
Required loading spaces shall:
 
a) Be located on the same lot for the use or building for which it is required;
 
b) Be located within 15.0 metres of the use or building for which is it required;
 
c) Not be permitted in the front yard or corner side yard;
 
d) In a Residential (R) Zone, be set back a minimum of 10.0 metres from any street line and 3.0 metres from an interior side or rear lot line;
 
e) In a Commercial (C), Institutional (I) or Industrial (M) Zone, be set back a minimum of 10.0 metres from any street line or residential zone boundary, but may be permitted within this area if the loading space is located entirely within a structure on a floor above the first storey or below finished grade; and,
 
f) Are designed to permit the maneuvering of vehicles on the lot so as not to obstruct, or otherwise cause a traffic hazard on adjacent roads, and to allow vehicles access from and   egress to a road in a forward motion.
 
5.6.6 Exclusive Use of a Loading Space 
Any required loading space shall be unobstructed and available for loading purposes and used exclusively for that purpose at all times, unless otherwise specified in this By-law.
 
 
5.7.1 Queuing Lane Requirements 
Where drive-through service facilities are permitted in Section 4.2.1 as an accessory usequeuing lanes are required and shall be exclusive of any other parking space and aisle requirements contained within this By-law and shall be provided in accordance with the provisions of this Part.
 
5.7.2 Queuing Space Requirements
The minimum queuing space requirements within a designated queuing lane shall be in accordance with the standards set out in Table 5.9, below:
 
TABLE 5.9: Queuing Space Requirements
Principle Use Minimum Required Queuing Spaces
Financial Institution 5
Restaurant 11
Automotive Service Station or Gas Bar 4
Car Wash – automated 11
All Other Uses 4
  
5.7.3 Location of Ingress and Egress Spaces
Required queuing spaces for a restaurant shall be located up to and including the queuing space at the pick-up window and for all other uses up to and including the point of service.
 
5.7.4 Length of Queuing lane
The length of the queuing lane associated with the drive-through service facility shall be the total number of required queuing spaces.
 
5.7.5 Multiple Queuing Lane Requirements
Where multiple queuing lanes are provided on a lot, the queuing space requirements shall be provided for each individual queuing lane in compliance with the provisions of Section 5.7 of this By-law.
 
5.7.6 Size of Queuing Space
All queuing spaces shall be rectangular in shape, with a minimum width of 3.0 metres and a minimum length of 7.0 metres.
 
5.7.7 Delineation of Queuing Lane Requirements
Queuing lanes shall be unobstructed and shall be clearly delineated by pavement markings or physical barriers, and shall be independent of the balance of the parking area.
 
5.7.8 Location of Queuing Lanes Associated with a Drive-Through Service Facility
No queuing lanes associated with a drive-through service facility shall be located closer than 10.0 metres from any Residential Zone.
 
a) A bicycle parking space shall have a minimum width of 0.6 m and length of 1.8 metres and shall be located:
(By-law 2012-67Z)
 
(i) adjacent to a structural element or in a rack securely anchored to the ground, to which the bicycle can be secured, or
 
(ii) within a lockable enclosed storage space.
 
b) An outdoor bicycle parking space may be located in any yard and shall be located in order to provide convenient access to main entrances or well-used areas;
 
c) Required bicycle parking spaces may be located in parking areas, indoors or in a landscaped open space area but no bicycle parking space shall impede access to a building;
 
d) The number of bicycle parking spaces required for uses shall be calculated in accordance with the standards set out in Table 5.10, below:
 
e)  Where bicycle parking spaces are provided in a rack, in which bicycles can be placed only in one side of the rack, each whole 0.6 metre length of the storage rack shall count as one bicycle parking space, and where bicycles can be placed in two sides of the rack, each whole 0.6 metre length of the storage rack shall count as two bicycle parking spaces. (By-law 2011-49Z)
 
Table 5.10: Bicycle Parking Requirements
Use Minimum Parking Space Requirement
Multiple dwelling with 6 or more dwelling units 0.5/ dwelling unit
Rooming house 0.25/ guest room
Commercial Recreation Centre;
Office;
Personal Service Shop;
Place of Amusement;
Retail Store;
Restaurant;
Service Shop; 
Service Trade;
Shopping Centre
2 spaces on a lot, plus 1 space per 500 m² gross floor area to a maximum requirement of 24/lot
Institutional, excluding school 2 spaces on a lot, plus 1 space per 500 m² gross floor area to a maximum requirement of 24/lot
School Elementary and Secondary – 1/10 students;
University/College – 0.5/guest room or dormitory room and 1/ 300 m² of gross floor area for any other building.

(By-law 2015-72Z)  Notwithstanding Table 5.10 above:
 
a) Any area of a building used for the parking of vehicles shall not be considered as comprising part of the gross floor area for the purposes of determining bicycle parking requirements.
 

PART 6: 

RESIDENTIAL ZONES


No person shall, within any Residential Zoneuse or permit the use of any land, or erectalter, enlarge, use or maintain any building or structure for any use other than as permitted in Tables 6.1 and in accordance with the standards contained in Tables 6.2, 6.3, 6.4, 6.5, 6.6 and 6.7, the General Provisions contained in Part 4 and the Parking and Loading provisions contained in Part 5 of this By-law.
 
 
Uses permitted in a Residential Zone are denoted by the symbol ‘X’ in the column applicable to that Zone and corresponding with the row for a specific permitted use in Table 6.1.  A number(s) following the symbol  ‘X’, zone heading, or identified permitted use, indicates that one or more special provisions apply to the use noted or, in some cases, to the entire Zone.  Special Provisions  are listed below the Permitted Use Table, Table 6.1.
 
Residential Zones
 
Low Density Residential One

R1-1, R1-2R1-3
R1-4, R1-5, R1-6

Low Density Residential Two R2-1, R2-2, R2-3
Medium Density Residential R3, R3-1
High Density Residential R4
Residential Mobile Home RMH
Note: Wherever a zone symbol on the Schedules to this By-law is followed by a period, a letter "D" and a number, please also refer to Section 2.2 of this By-law with respect to the maximum number of dwelling units permitted on a lot.
 
Table 6.1 – Permitted Uses
USE R1 (All) R2-1 R2-2 R2-3

R3 and
R3-1

R4 RHM
Bed and Breakfast Establishment X (2) X (2) X (2) X (2) X (2)    
Convenience Store         X (4) X (4)  
Day Care Centre         X X X (5)
Duplex Dwelling   X X X X    
Group Home Type 1 X (3) X (3) X (3) X (3) X (3)    
Linked Dwelling   X X X X    
Long Term Care Facility           X  
Mobile Home Dwelling              X (6)
Mobile Home Park             X
Multiple Dwelling       X(1) X X  
Personal Service Shop         X (4) X (4)  
Private Home Daycare X X X X X X  
Retirement Home           X  
Row Dwelling       X (1) X X  
Semi-Detached Dwelling     X X X    
Single Detached Dwelling X X X X X   X
Street Townshouse Dwelling       X
(By-law
2011-49Z)
X    
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SPECIAL PROVISIONS FOR TABLE 6.1

1. Maximum number of dwelling units permitted on a lot – 4.
2. Permitted within a single detached dwelling only.  Maximum number of guest rooms – 2.
3. Permitted within a single detached dwelling only.  Maximum number of beds – 10.
4. Not more than one personal service shop and one convenience store, not exceeding 150.0 m² in total net floor areaaccessory to, completely enclosed within and accessible only from inside a multiple dwelling located on a lot containing at least 100 dwelling units.
5. If located in a mobile home park.
6. If mounted on a permanent foundation.
 
No person shall within any Urban Residential Zone use or permit the use of any lot or erect, alter, use any building or structure except in accordance with the following zone standards.  A number(s) following the zone standard, zone heading or description of the standard, indicates an additional Zone requirement.  These additional standards are listed as Special Provisions at the end of Tables 6.2, 6.3, 6.4, 6.5, 6.6 and 6.7.
 
Table 6.2 – Standards for the Low Density Residential One (R1) Zone  (2012-178Z)
Zone Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Lot Depth
Minimum 
Required
Front Yard
Minimum
Required
Rear Yard
Minimum
Required
Interior Side
Yard
Minimum
Required
Corner Side
Yard
Maximum
Lot
Coverage
Maximum 
Height
R1-1 4000.0 m² 45.0 m 30.0 m (6) 6.0 m (2) 7.5 m (4) 1.2 m (3) 4.5 m (2) 40% (5) 11.0 m
R1-2 1300.0 m² 36.0 m 30.0 m (6) 6.0 m (2) 7.5 m (4) 1.2 m (3) 4.5 m (2) 40% (5) 11.0 m
R1-3 1000.0m² 30.0 m 30.0 m (6) 6.0 m (2) 7.5 m (4) 1.2 m (3) 4.5 m (2) 40% (5) 11.0 m
R1-4 665.0 m² 18.0 m (7) 30.0 m (6) 6.0 m (2) 7.5 m (4) 1.2 m (3) 4.5 m (2) 40% (5) 11.0 m
R1-5 465.0 m² 15.0 m (1)(17) 30.0 m (6) 6.0 m (2) 7.5 m (4) 1.2 m (3) 4.5 m (2) 40% (5) 11.0 m
R1-6 400.0 m² 12.0 m (1)(7) 30.0 m (6) 6.0 m (2) 7.5 m (4) 1.2 m 4.5 m (2) 40% (5) 11.0 m
 
SPECIAL PROVISIONS FOR TABLE 6.2
1. Corner lots will have the minimum lot frontage plus an additional 2.0 metres.
2.       (i) Abutting a primary arterial road – 15.0 metres;
(ii) Abutting a secondary or tertiary arterial road – 7.5 metres,
3.  Plus 0.6 metres for each full storey above the first storey abutting such yard.
4. Abutting a primary arterial road – 15.0 metres.
5. For partially or unserviced lots – 25%.
6. Minimum lot depth for lots abutting a primary arterial road – 45.0 metres.
7. In addition to the minimum lot frontage, no lot shall have a front lot line less than 10.5 metres in length, measured at the street line.
 
Table 6.3 – Standards for Low Density Residential Two Zone: R2-1 and R2-2 
Dwelling Type Minimum
Lot Area
Minimum
Lot Frontage
Minimum
Lot Depth
Minimum
Required
Front Yard 
Minimum Required Rear Yard Minimum Required Interior Side Yard Minimum Required Corner Side Yard Maximum Lot Covrage Maximum Height
Single Detached Dwelling 465.0 m² 15.0 m (5)(6) 30.0 m (4) 6.0 m
(1)
7.5 m
(2)
1.2 m
(3)
4.5 m (1) 40% 11.0 m
Semi-detached Dwelling/Linked Dwelling 275.0 m² per unit 9.0 m per unit (5)(7) 30.0 m (4) 6.0 m
(1)
7.5 m
(2)
1.2 m
(3)
4.5 m
(1)
40% 11.0 m
Duplex Dwelling 230.0 m² per unit 15.0 m (5)(6) 30.0 m (4) 6.0 m
(1)
7.5 m
(2)
1.2 m
3)
4.5 m
(1)
40% 11.0 m
 
SPECIAL PROVISIONS FOR TABLE 6.3
1.       (i) Abutting a primary arterial road – 15.0 metres.
(ii) Abutting a secondary or tertiary arterial road – 7.5 metres.
2. Abutting a primary arterial road – 15.0 metres.
3. Plus 0.6 metres for each full storey above the first storey abutting such yard, except that no interior side yard shall be required where semi-detached dwellings on adjacent lots are attached together by a common wall extending along the side lot line separating such lots, provided that any wall which does not constitute part of such common wall or a direct extension thereof shall be set back not less than 1.2 metres from the side lot line separating such lots.
(By-law 2012-67Z)
4. Minimum lot depth for lots abutting a primary arterial road – 45.0 metres.
5. In addition, no lot shall have a front lot line less than the following in length, measured at the street line:
(i) 10.5 metres for a single detached dwelling or duplex dwelling; and,
(ii) 6.5 metres per unit for a semi-detached dwelling or linked dwelling.
6. Corner lots will have the minimum lot frontage plus an additional 2.0 metres.
7. Corner lots will have the minimum lot frontage plus an additional 1.5 metres.
 
 
Table 6.4 – Standards for Low Density Residential Two Zone: R2-3 (By-law 2012-67Z)
Dwelling Type Minimum Lot Area Minimum Lot Frontage Minimum Lot Depth Minimum Required Front Yard Minimum Required Rear Yard Minimum Required Interior Side Yard Minimum Required Corner Side Yard Maximum Lot Coverage Minimum Landscaped Open Space Maximum Height
Single Detached Dwelling No minimum 12.0 m 30.0 m (7) 6.0 m
(1)(4)
7.5 m
(2)
1.2 m
(3)(5)
4.5 m
(1)(5)
50% 10% 11.0 m
Semi-detached Dwelling/Linked Dwelling 162.0 m² per unit 9.0 m per unit 30.0 m (7) 6.0 m
(1)(4)
7.5 m
(2)
1.2 m
(3)(5)
4.5 m
(1)(5)
50% 10% 11.0 m
Duplex Dwelling 162.0 m² per unit 12.0 m 30.0 m (7) 6.0 m
(1)(4)
7.5 m
(2)
1.2 m
(3)(5)
4.5 m
(1)(5)
50% 10% 11.0 m
Street Townhouse Dwelling 140.0 m² per unit (9) 6.0 m per unit 30.0 m (7) 6.0 m
1)(4)
7.5 m
(2)
1.2 m
(3)(5)
4.5 m
(1)(5)
50% 10% 11.0 m
Row Dwelling 140.0 m² per unit (6) 18.0 m 30.0 m (7) 6.0 m     (1)(4) 7.5 m     (2)(8) 1.2 m     (3)(5)(8) 4.5 m     (1)(5)(8) 50% 10% 11.0 m
Multiple Dwelling 140.0 m² per unit (6) 18.0 m 30.0 m (7) 6.0 m
(1)(4)
7.5 m
2)
1.2 m
(3)(5)
4.5 m
(1)(5)
50% 10% 11.0 m
 
 
SPECIAL PROVISIONS FOR TABLE 6.4
1.       (i) Abutting a primary arterial road – 15.0 metres.
(ii) Abutting a secondary or tertiary arterial road – 7.5 metres.
2. Abutting a primary arterial road – 15.0 metres.
3. Plus 0.6 metres for each full storey above the first storey abutting such yard, except that no interior side yard shall be required where semi-detached dwellings on adjacent lots are attached together by a common wall extending along the side lot line separating such lots, provided that any wall which does not constitute part of such common wall or a direct extension thereof shall be set back not less than 1.2 metres from the side lot line separating such lots.
(By-law 2012-67Z)
4. Exception for legal existing dwellings – where the existing front yard is less than that required, the minimum required front yard shall be the average of the setbacks of the two closest adjacent dwellings.
5. Exception for legal existing dwellings – where the existing side yard is less than that required, it shall be considered the minimum required for that side of the lot, provided that the height of the dwelling is not increased.
6. Containing not more than 4 dwelling units.
7. For lots abutting a primary arterial road – 45.0 metres.
8. For row dwellings a minimum privacy yard depth of 7.5 m shall be provided abutting the full length of at least one exterior wall of each dwelling unit.
(9) A maximum of four dwelling units shall be permitted in a building containing street townhouses. (By-law 2012-67Z)
 
Table 6.5 – Standards for Medium Density Residential (R3 and R3-1) Zones (By-law 2012-67Z) (By-law 2016-70Z)
Dwelling Type Minimum Lot Area Minimum Lot Frontage Minimum Lot Depth Minimum Required Front Yard Minimum Required Rear Yard Minimum Required Interior Side Yard Minimum Required Corner Side Yard Maximum Lot Coverage Minimum Landscaped Open Space  Maximum Height
Single Detached Dwelling 400.0 m² 12.0 m (11) 30.0 m (8) 6.0 m
(1)
7.5 m
(3)
1.2 m
(2)
4.5 m
(1)
40% 30% 11.0 m
Semi-detached Dwelling or Linked Dwelling 200.0 m² per unit 9.0 m per unit (12) 30.0 m (8) 6.0 m
1)
7.5 m
(3)
1.2 m
(2)
4.5 m
(1)
40% 30% 11.0 m
Duplex Dwelling 200.0 m² per unit 12.0 m(11) 30.0 m (8) 6.0 m (1) 7.5 m
(3)
1.2 m
(2)
4.5 m
(1)
40% 30% 11.0 m
Street Townhouse Dwelling 150.0 m² per unit (13) 6.0 m per unit (11) 30.0 m (8) 6.0 m
(1)
7.5 m
(3)
1.2 m
(2)
4.5 m
(1)
40% 30% 11.0 m
Row Dwelling 150.0 m² per unit (13) 18.0 m (11) 30.0 m (8) 6.0 m
1)(5)
7.5 m
(3)(5)
1.2 m
(2)(5)(10)
4.5 m
(1)(5)
40% 30% 11.0 m
Multiple Dwelling 110.0 m² per unit (9) 18.0 m (11) 30.0 m (8) 6.0 m
(1)
7.5 m
(3)
1.2 m
(4)(10)
4.5 m
(1)
40% (6) 30% 11.0 m
(7)
Day Care Centre 400.0 m² 12.0 m (11) 30.0 m (8) 6.0 m
(1)
7.5 m
(3)
1.2 m (2) 4.5 m
1)
40% 30% 11.0 m
 
SPECIAL PROVISIONS FOR TABLE 6.5
1.       (i) Abutting a primary arterial road – 15.0 metres.
(ii) Abutting a secondary or tertiary arterial road – 7.5 metres.
2. Plus 0.6 metres for each full storey above the first storey abutting such yard, except that no interior side yard shall be required where semi-detached dwellings or street townhouse dwellings on adjacent lots are attached together by a common wall extending along the side lot line separating such lots, provided that any wall which does not constitute part of such common wall or a direct extension thereof shall be set back not less than 1.2 metres from the side lot line separating such lots. (By-law 2012-67Z)
3. Abutting a primary arterial road – 15.0 metres.
4. Multiple dwellings – minimum interior side yard:
   (i)  up to 2 storeys - 1.2 m plus 0.6 metres for each full storey above the first storey abutting such yard and
  (ii)  in excess of 2 storeys – 5 m.
5. A minimum privacy yard depth of 7.5 m shall be provided abutting the full length of at least one exterior wall of each dwelling unit. No two adjacent groups of row dwellings shall be in one line at the minimum front yard setback, the minimum corner side yard setback, or, in the case of a through lot, at the minimum rear yard setback. Furthermore, the minimum difference in setbacks for adjacent groups of row dwellings shall be 1.5 metres.
(By-law 2012-67Z)
6. Maximum lot coverage in an R3-1 Zone - 50 percent.
7.   Maximum height in an R3-1 Zone – 19.0 metres and 5 storeys.
8. Minimum lot depth for lots abutting a primary arterial road – 45.0 metres.
9. Maximum of 30 dwelling units per building in a R3 Zone, no maximum number of dwelling units per building in a R3-1 Zone.
10. Row and multiple dwellings - minimum court required between opposing walls of one or more multiple or row dwellings on the same lot shall be equivalent to 50 percent of the height of the higher of such walls, but not less than:
(i) 15.0 metres, where both walls contain balconies or windows into a habitable room;
(ii) 7.5 metres, where only one of such walls contains balconies or habitable room windows; or,
(iii) 3.0 metres, where neither of such walls contains balconies or habitable room windows, or in the case of opposing building corners.
11. Corner lots will have the minimum lot frontage plus an additional 2.0 metres.
12. Corner lots will have the minimum lot frontage plus an additional 1.5 metres.
13. A maximum of 8 dwelling units shall be permitted in a building containing street townhouses or row dwellings. (By-law 2012-67Z)
 
Table 6.6 – Standards for High Density Residential (R4) Zone (By-law 2012-67Z) (By-law 2016-70Z)
Dwelling Type Minimum Lot Area Minimum Lot Frontage Minimum Lot Depth Minimum Required Front Yard Minimum Required Rear Yard Minimum Required Interior Side Yard Minimum Required Corner Side Yard Maximum Lot Coverage Minimum Landscaped Open Space Maximum Height
Row Dwelling 65.0 m² per unit (7) 30.0 m 45.0 m 10.0 m (1)(3) 7.5 m (3) 1.2 m
(2)(3)(6)
4.5 m
(1)(3)
50% 30% 11.0 m
Multiple Dwelling 65.0 m² per unit 30.0 m 45.0 m 10.0 m (1) 10.0 m (5) 10.0 m (5)(6) 10.0 m (1) 50% 30% 63.0 m
Day Care Centre 1350.0 m² 30.0 m 45.0 m 6.0 m (1) 7.5 m 1.2 m
(4)
4.5 m
(1)
50% 30% 11.0 m
Retirement Home

1350.0 m²

30.0 m 45.0 m 10.0 m (1) 7.5 m 10.0 m (5) 10.0 m (1) 50% 30% 20.0 m
Long Term Care Facility

1350.0 m²

30.0 m 45.0 m 10.0 m (1) 7.5 m 10.0 m (5) 10.0 m (1) 50% 30% 20.0 m
 
SPECIAL PROVISIONS FOR TABLE 6.6
1. Abutting a primary arterial road – 15.0 metres.
2. 3.0 metres where the end wall of a unit abuts such interior side yard and contains no balcony or habitable room windows, and 7.5 metres in all other cases.
3. A minimum privacy yard depth of 7.5 metres shall be provided abutting the full length of at least one exterior wall of each dwelling unit. No two adjacent groups of row dwellings shall be in one line at the minimum required front yard setback, the minimum required corner side yard setback or, in the case of a through lot, at the minimum required rear yard setback.  Furthermore, the minimum difference in setbacks for adjacent groups of row dwellings shall be 1.5 metres.  (By-law 2012-67Z)
4. Plus 0.6 metres for each full storey above the first storey abutting such yard.
5. Plus an additional 1.0 metre for each storey directly adjacent to such yard in excess of five storeys above finished grade.
6.  Row and multiple dwellings - minimum court required between opposing walls of one or more multiple or row dwellings on the same lot shall be equivalent to 50 percent of the height of the higher of such walls, but not less than:
(i)   15.0 metres, where both walls contain balconies or windows into a habitable room;
(ii) 7.5 metres, where only one of such walls contains balconies or habitable room windows; or,
(iii) 3.0 metres, where neither of such walls contains balconies or habitable room windows, or in the case of opposing building corners.
7. A maximum of eight dwelling units shall be permitted in a building containing row dwellings. (By-law 2012-67)
 
Table 6.7 – Standards for Residential Mobile Home (RMH) Zone 
Use Minimum Lot Area

Minimum Lot Frontage

Minimum Required Front Yard Minimum Required Rear Yard Minimum Required Interior Side Yard  Minimum Required Corner Side Yard  Maximum Lot Coverage Maximum Height  Other Provisions
Mobile Home Parks 1.0 ha 30.0 m 15.0 m (4) 7.5 m (1)(4) 7.5 m (4) 15.0 m(4) 30% 4.0 m  
Mobile Home Site 1,330 m² (2) 15.0 m 3.5 m (1) 3.5m (1) 1.2 m 3.5m (1) 35% 4.0 m (3)(5)
 
SPECIAL PROVISIONS FOR TABLE 6.7
1.       (i) Abutting a primary arterial road – 15.0 metres;
(ii) Abutting a secondary or tertiary arterial road – 7.5 metres.
2. For mobile home sites serviced with a public sanitary sewer system and a public water system, minimum dwelling site area – 400.0 m2.
3. Access to mobile home sites in mobile home parks shall be in accordance with Section 4.3e) and 5.4.3 of this By-law.
4. As measured from the applicable lot line of the mobile home park to the outer limit of the mobile home site.
5. Maximum number of mobile home sites permitted in a mobile home park shall be limited to the maximum sites for the sub-zones as zoned on Schedule “A” and set out below:
 
Sub-zone Maximum Sites Sub-zone Maximum Sites
RMH-1 203 RMH-5 37
RMH-2 14 RMH-6 47
RMH-3 30 RMH-7 14
RMH-4 32    

 


PART 7: 

COMMERCIAL ZONES


No person shall, within any Commercial Zone, use or permit the use of any land, or erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in Tables 7.1 and 7.2, in accordance with the standards contained in Table 7.3 the General Provisions contained in Part 4 and the Parking and Loading provisions contained in Part 5 of this By-law.
 
Uses permitted in a Commercial Zone are denoted by the symbol ‘X’ in the column applicable to that Zone and corresponding with the row for a specific permitted use in Tables 7.1 and 7.2. A number(s) following the symbol ‘X’, zone heading, or identified permitted use, indicates that one or more special provisions apply to the use noted or, in some cases, to the entire Zone. Special Provisions are listed below the Permitted Use Tables 7.1 and 7.2 below: (By-law 2012-67Z)
 
Commercial Zones
Local Commercial C1
General Commercial C2  
Limited General Commercial C3
Limited General Commercial C4
Shopping Centre Commercial  C5
Downtown Commercial C6
Resort Commercial C7
 
Note: Wherever a zone symbol on the Schedules to this By-law is followed by a period, a letter "D" and a number, please also refer to Section 2.2 of this By-law with respect to the maximum number of dwelling units permitted on a lot.
 
Table 7.1 – Permitted Residential Uses (By-law 2014-235Z)
USE C1 C2 C3 C4 C5 C6 C7
Any dwelling containing not more than 2 dwelling units X(11(13) X(11(16) X(11(13)  X(11(13)   X(11)(16)  
Boarding House Dwelling or Rooming House           X(11)  
Group Home Type 1 X(17)   X(17)        
Multiple Dwelling    X(10)11) X(10)11) X(11)   X(11)  
Row Dwelling       X(11)      
Street Townhouse Dwelling       X(11)      
 
Table 7.2 – Permitted Non-Residential Uses (By-law 2012-67Z) (By-law 2016-70Z)
USE C1 C2 C3 C4 C5 C6 C7
Accessory Outdoor Display and Sales   X X   X X X
Animal Shelter   X          
Art Gallery   X   X   X  
Assembly Hall   X     X X X
Auctioneer’s Establishment   X       X  
Audio/Visual Studio   X     X X  
Automotive Leasing Establishment   X          
Automotive Lube Shop   X     X    
Automotive Repair Shop   X     X    
Automotive Sales Establishment   X          
Automotive Service Station   X     X    
Bake Shop   X     X X  
Banquet Hall   X     X(9)    
Bus Terminal   X     X X  
Business Office   X X X X(3) X  
Camping Ground             X
Car Wash   X     X    
Carnival         X(4)    
Commercial or Public Garage   X(6)          
Commercial Tourist Facility             X
Commercial School   X(2)     X(2)(3) X(2)  
Convenience Store X(1) X X X X(3) X X
Custom Print or Copy Shop   X   X X(3) X  
Day Care Centre X(1) X X X X X  
Dry Cleaning Establishment   X       X  
Financial Institution   X X X X(3) X  
Funeral Home   X   X      
Gas Bar   X     X   X(8)
Home Improvement Centre   X(12)     X    
Hotel    X   X X(15) X X
Institutional Use   X   X X(3) X  
Marina             X
Medical Office  X(1) X X X X(3) X  
Mobile Home Dealership   X          
Modular Building Dealership   X          
Parking Lot    X   X   X  
Personal Service Shop X(1) X X X X(3) X X(8)
Pet Grooming Establishment X(1) X   X   X  
Pharmacy X X X X X X  
Place of Amusement   X(5)     X(3) X  
Private Club   X   X X(3) X X
Professional Office   X X X X(3) X  
Recreation Centre, Commercial   X     X(3) X X
Recreation Vehicle Sales and Service Establishment    X     X(7)   X(7)(8)
Restaurant   X X X X X X
Retail Store   X X   X X(14) X(8)
Scientific or Medical Laboratory   X   X X X  
Service Shop   X   X X X  
Service Trade   X       X  
Tavern   X     X X X(8)
Taxi Stand   X          
Theatre   X     X X  
Veterinary Clinic   X          
 
SPECIAL PROVISIONS FOR TABLES 7.1 AND 7.2
1. Maximum net floor area for non-residential uses – 150.0 m² per lot.
2. If contained indoors and does not include the on-site use or parking of commercial vehicles or construction equipment.
3. If contained within a shopping centre.
4. A temporary carnival accessory to a shopping centre.
5. Provided that no pinball arcade contains more than 20 game machines or is located closer than 300.0 metres to an established public school.
6. Only where such use constitutes a legal existing use.
7. Restricted to small recreation vehicles only.
8. Provided the usebuilding, or structure is incidental, subordinate, exclusively devoted to and located on the same lot as the principal usebuilding or structure and, and in the case of a building or structure, may or may not be attached to the main building on the same lot.
9.  Subject to banquet hall parking standard on Table 5.4.
10. Maximum 30 dwelling units per building and maximum net residential density of 60 units per hectare with or without permitted non-residential uses provided that the lot is a fully serviced lot.
11. No dwelling unit shall be located within a portion of a building that is used for an animal shelterautomotive body shopautomotive repair shop, automotive service stationautomotive sales establishmentrecreation vehicle sales and service establishmentvehicle repair shopvehicle sales or rental establishment or veterinary clinic.
12. Accessory outdoor storage is permitted subject to Section 4.28 of this By-law.
13. Any dwelling containing not more than 2 dwelling units on a lot with or without non-residential uses provided that the lot is a fully serviced lot.  Where the lot is not a fully serviced lot a maximum of 1 dwelling unit shall be permitted on a lot with or without non-residential uses. (By-law 2012-67Z)
14. Not including an automotive repair shop accessory to an automotive accessories store.
15. Subject to hotel parking standard on Table 5.4.
16. Any dwelling containing not more than 2 dwelling units, together with permitted non-residential uses as a main use on the ground floor provided that the lot is a fully serviced lot.  Where the lot is not a fully serviced lot a maximum of 1 dwelling unit shall be permitted together with permitted non-residential uses as a main use on the ground floor. (By-law 2012-67Z)
17. Only within a permitted single detached dwelling. – Maximum number of beds – 10. (By-law 2014-235Z)
 
No person shall within any Commercial Zone use or permit the use of any lot or erectalteruse any building or structure except in accordance with the following zone standards.  A number(s) following the zone standard, zone heading or description of the standard, indicates an additional Zone requirement.  These additional standards are listed as Special Provisions at the end of Table 7.3 below:
 
Table 7.3 – Standards for Commercial Zones (By-law 2012-67Z)
Zone Minimum
Lot Area
Minimum
Lot Frontage
Minimum
Required
Front Yard
Minimum Required
Rear Yard
Minimum Required Interior Side Yard Minimum Required Corner Side Yard Maximum Lot Coverage Maximum Height Minimum Landscaped
Open Space 
Other Provisions
C1
(Fully serviced lots)
650.0 m² 18.0 m 6.0 m (1) 7.5 m (4) 1.2 m (2)(3) 4.5 m (1) 50% 8.0 m No minimum (17) (5)
C1
(Partially or unserviced lots)
1,350.0 m² 30.0 m  6.0 m (1) 7.5 m (4) 1.2 m (2)(3) 4.5 m (1) 30% 8.0 m No minimum (17) (5)
C2 1,350.0 m² (16) 30.0 m 6.0 m (1) 7.5 m (4) (14) 4.5 m (1) 50% (8) 15.0 m 5% (6)(10)
C3 900.0 m² 30.0 m 6.0 m (1) 7.5 m (4) (14) 4.5 m (1) 50% 8.0 m 5% (6)
C4 540.0 m² 18.0 m 6.0 m 7.5 m (14)(14) 4.5 m (13) 50% 34.0 m No minimum (17) (10)(15)
C5 No minimum 100.0 m  10.0 m (1)(i) 10.0 m (1)(i) 10.0 m 10 m (1)(i) 50% 20.0 m 15% (6)(7)
C6 No minimum No minimum No minimum No minimum (12)(19) No minimum 100% No minimum (11) No minimum(17)  
C7 1.0 ha 45.0 (18) 10.0 m (4) 10.0 m (4) 10.0 m 10.0 m (4) 30% 15.0m No minimum (17) (6)(9)
 
SPECIAL PROVISIONS FOR TABLE 7.3
1. (i) Abutting a primary arterial road – 15.0 metres.
    (ii) Abutting a secondary or tertiary arterial road – 7.5 meters.
2. Where the interior side lot line abuts a residential lot or Residential Zone – 1.8 metres.
3. Plus an additional 0.6 metres for each full storey above the first storey abutting such yard.
4. Abutting a primary arterial road – 15.0 metres.
5. (i) Maximum one main building per lot
    (ii)  For non-residential uses – maximum net floor area of 150.0 m² per lot.
6. Building separation – 3.0 metres.
7. (i)  Maximum gross floor area – 100% of the lot area.
    (ii) Minimum required gross floor area – 10,000 m² per lot, exclusive of parking structures or indoor parking areas.
8. Maximum lot coverage where a lot is serviced with a private sewage disposal system – 30%.
9. Maximum gross floor area – 50% of the lot area.
10. maximum gross floor area of 2.0 times the lot area will apply.
11. A minimum building height of 8.0 metres applies.
12.(i)  Exclusively for residential – 1.2 metres plus 0.6 metres for each additional storey above the first, except that where there are no windows to habitable rooms facing such side yard, no setback shall be required;
     (ii) Mixed use buildings of residential and non-residential uses – no side yard shall be required for      non-residential storey, however, residential storey shall require a setback from the interior side          lot line of 1.8 metres plus 0.6 metres for each additional storey above the first, except that where        there are no windows to habitable rooms facing such side yard, no setback shall be required;
     (iii) Uses other than those included in Special Provision 12(i) and 12(ii) – no minimum.
13. Abutting an arterial road – 9.0 metres.
14. (i)  Exclusively for residential – 1.2 meters, plus 0.6 metres for each additional storey above the         first.
      (ii) Mixed use buildings containing residential and non-residential uses:
a) Where the interior side lot line abuts residential lot or Residential Zone – 3.0 metres, plus an additional 0.6 metres for each storey in excess of 3 storeys; or
b) Where the interior side lot line does not abut a residential lot or Residential Zone, no side yard shall be required for non-residential storeys, however, residential storeys shall require a setback from the interior side lot line of 1.8 metres plus 0.6 metres for each additional residential storey.
      (iii) Exclusively for non-residential purposes – where the interior side lot line abuts a residential lot or Residential Zone, 3 metres plus an additional 0.6 metres for each storey in excess of three storeys, and no minimum in any other case.
15. No two adjacent groups of row dwellings shall be in one line at the minimum front yard setback, the minimum corner side yard setback, or, in the case of a through lot, at the minimum rear yard setback. Furthermore, the minimum difference in setbacks for adjacent groups of row dwellings shall be 1.5 metres, and not more than 8 dwelling units shall be permitted within a row dwelling.
16. Minimum lot area where a lot is serviced with a private sewage disposal system – 9,000.0 m².
17. Except as required by Section 4.15 of this By-law.
18. The minimum total water frontage required for all shorelines of a waterfront lot or any other lot abutting a navigable waterbody shall be 60.0 metres.
19. Minimum court required between opposing walls of one or more multiple dwellings on the same lot shall be equivalent to 50 percent of the height of the higher of such walls, but not less than:
(i) 15.0 metres, where both walls contain balconies or windows into a habitable room;
(ii) 7.5 metres, where only one of such walls contains balconies or habitable room windows; or,
(iii) 3.0 metres, where neither of such walls contains balconies or habitable room windows, or in the case of opposing building corners.

PART 8: 

INDUSTRIAL ZONES


No person shall, within any Industrial Zoneuse or permit the use of any land, or erectalter, enlarge, use or maintain any building or structure for any use other than as permitted in Table 8.1 and in accordance with the standards contained in Table 8.2, the General Provisions contained in Part 4 and the Parking and Loading Provisions contained in Part 5 of this By-law.
 
 
Uses permitted in an Industrial Zone are denoted by the symbol ‘X’ in the column applicable to that Zone and corresponding with the row for a specific permitted use in Table 8.1.  A number(s) following the symbol  ‘X’, zone heading, or identified permitted use, indicates that one or more special provisions apply to the use noted or, in some cases, to the entire Zone.  Special Provisions are listed below the Permitted Use Table 8.1 below:
 
Industrial Zones
Business Industrial M1-1
Mixed Light Industrial/Service Commercial M1
Light Industrial M2
Heavy Industrial  M3
Mining Industrial M4
Extractive Industrial M5
Disposal Industrial M6
 
Note: Wherever a zone symbol on the Schedules to this By-law is followed by a period, a letter "D" and a number, please also refer to Section 2.2 of this By-law with respect to the maximum number of dwelling units permitted on a lot.
 
Table 8.1: Permitted Uses for Industrial Zones (By-law 2012-67Z) (By-law 2014-235Z) (By-law 2014-113Z) (By-law 2015-72Z), (By-law 2016-70Z)
USE M1-1 M1 M2 M3 M4 M5 M6
Abattoir       X      
Accessory Outdoor Display and Sales X X X X X X  
Accessory Outdoor Storage   X(4) X(4) X(4) X(4) X(4) X(4)
Accessory Retail Store X(3) X(3) X(3) X(3) X(3)    
Aggregate Transfer Site       X X X  
Agricultural Use         X X  
Animal Shelter   X          
Auctioneer’s Establishment X X          
Audio/Visual Studio X X X        
Automotive Accessories Store X X          
Automotive Body Shop     X X      
Automotive Leasing Establishment X X          
Automotive Lube Shop X X X X      
Automotive Repair Shop   X X X      
Automotive Sales Establishment X X          
Automotive Service Station X X X X      
Banquet Hall X X          
Building Supply and Lumber Outlet     X X      
Bulk Retail Outlet X X          
Bus Terminal X X          
Car Wash X X          
Commercial or Public Garage   X X X      
Commercial Self-Storage Facility X X X X      
Contractor’s Yard     X X      
Convenience Store X X X X      
Dry Cleaning Establishment X X X X      
Extractive Use         X    
Food Processing Plant   X X X      
Forestry Use         X X  
Fuel Depot       X      
Garden Centre X X X        
Gas Bar X X X X      
Heavy Equipment Sales and Rental     X X      
Home Improvement Centre X X X        
Hotel X X          
Impounding Yard   X X X      
Industrial Use       X X(1)    
Industrial Use, Light X X X        
Medical Marihuana Production Facility X(5) X(5) X(5) X(5)      
Modular Building Dealership     X        
Office X            
Parking Lot X X          
Personal Service Shop X X          
Pharmacy X            
Pit           X  
Place of Worship X            
Private Club X X          
Public Utility X X X X     X
Public Works Yard X X X X      
Quarry           X  
Recreation Vehicle Sales and Service Establishment   X X        
Recreation Centre, Commercial X X          
Rental Store X X X X      
Restaurant X X X        
Salvage or Wrecking Yard       X     X
Scientific or Medical Laboratory X X X X      
School, Commercial X(2) X X X      
Service Trade X X X X      
Sewage Facility             X
Transport Terminal     X X      
Vehicle Repair Shop   X X X      
Vehicle Sales and Rental Establishment, other than an automotive sales establishment or automotive accessories store     X X      
Veterinary Clinic X X          
Warehouse X X X X      
Waste Composting Facility             X
Waste Disposal Area             X
 
SPECIAL PROVISIONS FOR TABLE 8.1
1. Accessory to a permitted extractive use only.
2. If contained indoors and does not include the on-site use or parking of commercial vehicles or construction equipment.
3. Only if accessory and clearly secondary to an industrial uselight industrial useservice trade or trade school and wherein products manufactured, produced or processed on the premises are kept or displayed for wholesale or retail sale, or wherein orders are taken for the delivery of such products.
4. Subject to outdoor storage provisions in Section 4.28 of this By-law.
5.  No Medical Marihuana Production Facility, shall be established or erected on a lot where any portion of the lot is closer than 150 metres to any lot in any of the Residential, Commercial, Rural, and Other Zones included in Parts 6, 7, 9, and 10 of this By-law, excluding the “FD”, Future Development Zone.
 
No person shall within any Industrial Zone use or permit the use of any lot or erectalteruse any building or structure except in accordance with the following zone standards.  A number(s) following the zone standard, zone heading or description of the standard, indicates an additional Zone requirement.  These additional standards are listed as Special Provisions at the end of Table 8.2 below:
 
Table 8.2: Standards for Industrial Zones
Zone Minimum Lot Area Minimum Lot Frontage Minimum Lot Depth Minimum Required Front Yard Minimum Required Rear Yard Minimum Required Interior Side  Minimum Required Corner Side Yard Maximum Lot Coverage Maximum Height Minimum Landscaped Open Space Other
M1 and M1-1 1500 m² 30.0 m (1) 50.0 m 9.0 m
(2)
6.0 m
(4)
3.0 m
(3)
9.0 m
(2)
50% 12.0 m 5%(16) (5)
M2 1,500m² 30.0 m (1) 50.0 m 9.0 m
(2)
6.0 m
(7)
3.0 m
(8)
9.0 m
(2)
50% 15.0 m 5% (5)
M3 1,500m² 30.0 m (6) 50.0 m

9.0 m
(2)

6.0 m
(7)
6.0 m
(8)
9.0 m
(2)
60% 30.0 m (9) 5% (17)
M4 1.0 ha 90.0 m 90.0 m 15.0 m (10) 15.0 m (4)(i) 15.0 m (3)(i) 15.0 m (10) No maximum 30.0 m (9) No minimum (14) (11)(12)
M5 No minimum No minimum No minimum 15.0 m 15.0 m 15.0 m 15.0 m No maximum 30.0 m No minimum (14) (11)(12)
M6 2.0 ha 45.0 m No minimum 15.0 m 15.0 m 15.0 m 15.0 m 50% 20.0 m No minimum (14) (15)

 

SPECIAL PROVISIONS FOR TABLE 8.2
1. For lots having frontage on an arterial road – 45.0 metres.
2. Abutting a primary arterial road – 15.0 metres.
3. On at least one side of the lot, except that:
(i) No interior side yard shall be required adjacent to a railway right-of-way; and
(ii) Where an interior side lot line abuts a Residential Zone, the minimum interior side yard width required shall be 9.0 metres.
4. Except that:
(i) No rear yard shall be required adjacent to a railway right-of-way;
(ii) Where the rear lot line abuts a road other than a primary arterial road or a Residential Zone, the minimum rear yard width required shall be 9.0 metres; and
(iii) Abutting a primary arterial road – 15.0 metres.
5. Building separation – 3.0 metres.
6. For lots having frontage on an arterial road – 50.0 metres.
7. Except that:
(i) No rear yard shall be required adjacent to a railway right-of-way; and
(ii) Where the rear lot line abuts a road or a Residential (R) Zone, the minimum rear yard required shall be 15.0 metres.(By-law 2011-49Z)
8. On at least 1 side of the lot, except that:
(i) No interior side yard shall be required adjacent to a railway right-of-way; and
(ii) Where an interior side lot line abuts a Residential Zone, the minimum interior side yard width required shall be 15.0 metres.
9. No height restriction shall apply to any building or structure located more than 150.0 metres from a Residential (R) Zone.
10. Abutting a primary or secondary arterial road – 90.0 metres.
11. Location and Fencing of Excavations – any open excavation associated with, or pertaining to an extractive use shall;
(i) Be located not closer than 30.0 metres to a street line or 15.0 metres to any other lot line; and
(ii) Be fully encircled by a continuous fence or other barrier not less than 1.8 metres in height, located not closer than 10.0 metres to any part of such excavation.
12. No part of any extractive use, except for an accessory business office, shall be established or erected closer than 150.0 metres to a Residential (R) Zone.
13. No accessory industrial use shall be permitted in an M5 Zone except for the washing, screening, sorting, drying, stockpiling, crushing, blending or other such primary processing, excluding roasting or smelting, of ores minerals or aggregates originating from an extractive use to which the said industrial use is accessory.
14. Except as required in Section 4.15 of this By-law.
15. No part of any salvage yardwaste disposal areawaste composting facility or sewage facility shall be established or erected closer than 150.0 metres to a Residential Zone.
16. Minimum required landscaped open space in an M1-1 Zone – 10 percent.
17. No buildingstructure or open storage area either associated with, or pertaining to, an automotive body shopfuel depotabattoir, stockyard or industrial use, other than a light industrial usewarehousefood processing plant or accessory office shall be established or erected closer than 150 m to a Residential Zone.
 

PART 9: 

RURAL ZONES


 
No person shall, within any Rural Zone, use or permit the use of any land, or erectalter, enlarge, use or maintain any building or structure for any use other than as permitted in Tables 9.1 and 9.2, in accordance with the standards contained in Table 9.3 the General Provisions contained in Part 4 and the Parking and Loading provisions contained in Part 5 of this By-law.
 
Uses permitted in a Rural Zone are denoted by the symbol ‘X’ in the column applicable to that Zone and corresponding with the row for a specific permitted use in Tables 9.1 and 9.2.  A number(s) following the symbol ‘X’, zone heading, or identified permitted use, indicates that one or more special provisions apply to the use noted or, in some cases, to the entire Zone.  Special Provisions are listed below the Permitted Use Tables 9.1 and 9.2 below: (By-law 2012-67Z)
 
Rural Zones
Agricultural A
Rural RU
Rural Shoreline RS
Seasonal Limited Service SLS      
 
Note: Wherever a zone symbol on the Schedules to this By-law is followed by a period, a letter "D" and a number, please also refer to Section 2.2 of this By-law with respect to the maximum number of dwelling units permitted on a lot.
 
Table 9.1 - Permitted Residential Uses (By-law 2012-67Z) (By-law 2014-235Z)
USE A RU RS SLS
Single Detached Dwelling X(1) X(1) X(1)  
Mobile Home Dwelling X (1)(2) X (1)(2) X (1)(2)  
Bed and Breakfast Establishment X (7) X (7) X (7)  
Group Home Type 1 X(9) X(9) X(9)  
Seasonal Dwelling   X (1)(3) X (1)(3) X (1)
Private Cabin   X (4) X (4) X (4)
Private Home Daycare X X X  
 
Table 9.2 – Permitted Non-Residential Uses (By-law 2012-67Z)
USE A RU RS SLS
Agricultural Use X (5) X (5)    
Animal Shelter X X    
Forestry Use X (6) X (6)    
Hunting or Fishing Camp   X (8)    
Garden Nursery X X    
Kennel X (6) X (6)    
Public Utility X X    
Veterinary Clinic X X    

SPECIAL PROVISIONS FOR TABLES 9.1 AND 9.2

1. Maximum number of dwelling units permitted on a lot – 1.
2. If mounted on a permanent foundation.
3. If on a legal existing waterfront lot.
4. Maximum number of private cabins – 1.  Maximum gross floor area of 30.0 m² on any lot accessory to a permitted seasonal dwelling only.
5. Buildings housing livestock and manure handling facilities are subject to the Special Setback Provisions in Section 4.37.1
6. No non-residential building or structure directly associated with a kennel or with the cutting or sawing of timber shall be established or erected closer than 300.0 metres to a residential building or Residential (R) Zone.
7. Permitted within a single detached dwelling only.  Maximum number of guest rooms – 2.
8.  Only where such use constitutes a legal existing use.
9. Only within a permitted single detached dwelling. – Maximum number of beds -10. (By-law 2014-235Z)
 
No person shall within any Zone use or permit the use of any lot or erectalter, use any building or structure except in accordance with the following zone standards in Table 9.3.  A number(s) following the zone standard, zone heading or description of the standard, indicates an additional Zone requirement.  These additional standards are listed as Special Provisions at the end of Table 9.3 below: (By-law 2011-49Z)
 
Table 9.3 – Standards for All Rural Zones
  Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Rear Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Corner
Side Yard
Maximum
Lot
Coverage
Maximum
Height
Other
A 30.0 ha 90.0 m 10.0 m (1) 10.0 m (1) 10.0 m (3) 10.0 m (2) 10%
(4)(8)
21.0 m (5) (6)
RU 2.0 ha 90.0 m 10.0 m (1) 10.0 m (1) 10.0 m (3) 10.0 m (2) 10%
(4)(8)
21.0 m (5) (6)
RS 8,000 m2 45.0 m 10.0 m (1) 7.5 m (1) 3.0 m 4.5 m (7) 10% (8) 11.0 m  
SLS 8,000 m2 45.0 m 10.0 m 10.0 m 3.0 m 10.0 m (2) 10% (8) 11.0 m  
 
SPECIAL PROVISIONS FOR TABLE 9.3
1. Abutting a primary arterial road – 15.0 metres.
2. (i) Legal existing lots having an area of 0.8 ha or less:
a) For lots abutting a primary arterial road – 15.0 metres;
b) For lots abutting a secondary or tertiary arterial road – 7.5 meters;
c) For lots abutting any other road – 4.5 metres.
    (ii) All other lots:
a) For lots abutting a primary arterial road – 15.0 metres.
3. On a legal existing lot having an area of 0.8 ha or less – 3.0 metres
4. This provision shall not apply with respect to any greenhouse constructed primarily of translucent materials and uses solely for growing plants in conjunction with an agricultural use or a garden nursery.
5. Residential uses – 11.0 metres.
6. Building separation – 3.0 metres.
7. (i) For lots abutting a primary arterial road – 15.0 metres;
(ii) For lots abutting a secondary or tertiary arterial road – 7.5 metres.

 

8. Maximum lot coverage for legal existing lots having an area of 0.42 hectares or less – 25 percent.
 

PART 10: 

OTHER ZONES


No person shall, within any Other Zonesuse or permit the use of any land, or erectalter, enlarge, use or maintain any building or structure for any use other than as permitted in Table 10.1 and 10.2, in accordance with the standards contained in Table 10.3, the General Provisions contained in Part 4 and the Parking and Loading Provisions contained in Part 5 of this By-law.
 
Uses permitted in any Other Zone are denoted by the symbol ‘X’ in the column applicable to that Zone and corresponding with the row for a specific permitted use in Tables 10.1 and 10.2.  A number(s) following the symbol  ‘X’, zone heading, or identified permitted use, indicates that one or more special provisions apply to the use noted or, in some cases, to the entire Zone.  Special Provisions are listed below the Permitted Use Tables 10.1 and 10.2 below:
(By-law 2012-67Z)
 
Other Zones
 
Institutional I
Park P
Open Space – Conservation OSC
Open Space – Private OSP
Open Space – Recreation OSR
Open Space – Waterbody OSW
Environmental Protection EP
Future Development FD

 

Note: Wherever a zone symbol on the Schedules to this By-law is followed by a period, a letter "D" and a number, please also refer to Section 2.2 of this By-law with respect to the maximum number of dwelling units permitted on a lot.

 

Table 10.1 – Permitted Residential Uses (By-law 2012-67Z)

USE I P OSC OSP OSW EP FD
Group Home Type 1
Group Home Type 2
X            
Special Needs
Facility
X            
Single Detached
Dwelling
            X(2)
 
Table 10.2 – Permitted Non-Residential Uses (By-law 2012-67Z) (2013-57Z)
USE I P OSC OSP OSR OSW EP FD
Camping Ground         X(6)      
Carnivals   X(7)            
Cemetery X X            
Day Care Centre X              
Golf Course         X      
Golf Driving Range         X      
Institutional Use X              
Library X X            
Museum X X            
Parking Lot   X            
Park X X X X X   X(3) X
Private Camp         X      
Private Club X       X      
Recreation Centre,
Commercial
        X      
Recreation and
Community Centre
X X            
Refreshment
Pavilion
X(4) X(4) X(4)   X(5)      
Restaurant X(4) X(4)     X(5)      
Uses accessory to a permitted use on
appertaining lands
          X(1)    
 
SPECIAL PROVISIONS FOR TABLES 10.1 AND 10.2
1. Subject to Section 4.41 of this By-law.
2. Only on a legal existing lot.
3. No buildings or structures are permitted.
4. Only if accessory to a park use.
5. Only as an accessory use.
6. Only non-commercial.
7. Only on lands owned or operated by the Municipality.
 
No person shall within any Other Zone use or permit the use of any lot or erectalteruse any building or structure except in accordance with the following zone standards.  A number(s) following the zone standard, zone heading or description of the standard, indicates an additional Zone requirement.  These additional standards are listed as Special Provisions at the end of Table 10.3.:
 
Table 10.3 – Standards for All Other Zones 
Zone Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Rear Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Corner
Side Yard
Maximum
Lot
Coverage
Minimum
Landscaped
Open Space
Maximum
Height
Other
I 900.0 m² (1) 30.0 m 10.0 m (2) 10.0 m (3) 10.0 m (3) 10.0 m (2) 50% (4) 15% 50.0 m (5)
P No Minimum 6.0 m 10.0 m 10.0 m 10.0 m 10.0 m 20% 40% No
Maximum
(5)
OSC No Minimum 6.0 m 10.0 m 10.0 m 10.0 m 10.0 m 20% 80% 10.0 m (5)
OSP No Minimum No Minimum 10.0 m 10.0 m 10.0 m 10.0 m 5% 40% 10.0 m (5)
OSR 1.0 ha 60.0 m 10.0 m 10.0 m 10.0 m 10.0 m 20% 60% 10.0 m (5)
OSW Subject to Section 4.41 of this By-law.
EP No Minimum No Minimum 10.0 m 10.0 m 10.0 m 10.0 m 5% (By-law
2011-49Z)
80% (By-law
2011-49Z
10.0 m (5) (Bylaw
2011-
49Z)
FD 4.0 ha No Minimum 6.0 m (6) 7.5 m (2) 1.2 m (7) 4.5 m (6) 5% (8) 60% 10.0 m (5)
 
SPECIAL PROVISIONS FOR TABLE 10.3
1. For partially or unserviced lots – 1,350.0 m².
2. Abutting a primary arterial road – 15.0 metres.
3. For a building greater than 20.0 metres in height – 20.0 metres.
4. For partially or unserviced lots – 30%.
5. Building separation – 3.0 metres.
6. (i) Abutting a primary arterial road – 15.0 metres;
    (ii) Abutting a secondary or tertiary arterial road – 7.5 metres.
7. Plus 0.6 metres for each full storey about the first storey abutting such yard.
8. Lot coverage shall not apply with respect to any greenhouse constructed primarily of translucent materials and used solely for growing plants in conjunction with an agricultural use or a garden nursery. (By-law 2015-72Z)
 

PART 11: 

EXCEPTIONS


EXPLANATORY NOTE ON BY-LAW REFERENCE NOTATIONS
 
 
Reference Notations in Part 11 in this By-law are identified as follows:
 
 
PART -  the number “11” without any brackets or punctuation.
              Example - 11
 
     SECTION -  a number without any brackets or punctuation.
                         Example – 1
 
          SUBSECTION – a number enclosed in brackets.
                                     Example - (1)
 
               PARAGRAPH - a small alphabetical letter enclosed in brackets
                                        Example (a)
 
                    CLAUSE – small Roman numerals enclosed in brackets
                                       Example (i)
 
                         SUBCLAUSE – a small alphabetical letter    in brackets following a clause.
                                                  Example (a)
 
SECTION 1 SPECIAL RESIDENTIAL ZONES
 
(1) SPECIAL LOW DENSITY RESIDENTIAL ONE ZONES - R1-1
 
(a) R1-1(1) (SINGLE RESIDENTIAL - SPECIAL HIGH WATERMARK SETBACK)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(1) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modification:
 
(i) No person shall erect a residential building closer than 20 metres to the high water mark of a navigable waterbody.
 
(b) R1-1(2)  (ESTATE SUBDIVISION) 
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(2) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modifications:
 
(i) The minimum setback for all buildings and structures from Donnelly Drive and O'Neil Drive shall be 12 metres;
 
(ii) the minimum interior side yard width shall be 6 metres;
 
(iii) the minimum lot area shall be 10,000 m².
 
(c) R1-1(3)   (PUMPHOUSE)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(3) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modifications:
 
(i) The only permitted use shall be a pumphouse.
 
(ii) Notwithstanding the lot area and frontage requirements of the R1-1 Zone, Part 11, Plan 53R-12330 shall be a permitted lot.
 
(iii) The location of the existing pumphouse shall be permitted.
 
(d) R1-1(4) Dryden Township
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(4) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modifications:
 
(i) The minimum lot area shall be 10,000 m².
 
(ii) The minimum setback from the high water mark of the Wanapitei River shall be 15 metres.
 
(iii) The existing street line of Part 3, Plan 53R-15700 shall be considered the minimum lot frontage.
 
(iv) The easterly boundary of Part 3, Plan 53R-15700 shall be considered an interior side lot line.
 
(e) R1-1(5) Dryden Township
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(5) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modifications:
 
(i) The minimum lot area shall be 8,000 m².
 
(ii) The minimum setback from the high water mark of the Wanapitei River shall be 15 metres.
 
(iii) The existing street line of Part 3, Plan 53R-15700 shall be considered the minimum lot frontage.
 
(iv) The easterly boundary of Part 3, Plan 53R-15700 shall be considered an interior side lot line.
 
(f) R1-1(6) (LOT FRONTAGE RAMSEY LAKE UNSERVICED)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(6) on the Zone Maps, all provisions of this By-law applicable to R1-1Zones shall apply subject to the following modifications:
 
(i) Minimum lot area 8,000 m²;
 
(ii) For lots abutting a waterbody the minimum water frontage shall be 45 metres.
 
(g) R1-1(7)  (SINGLE RESIDENTIAL - SPECIAL LOT FRONTAGE) 
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(7) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modification:
 
(i) The minimum lot area shall be 11,100m².
 
(ii) The minimum lot frontage shall be 75 metres.
 
(h) R1-1(8) (ESTATE SUBDIVISION)  
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(8) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modifications:
 
(i) The minimum lot area for those lots located on Part 1, Plan 53R-15429 and Part 1, Plan 53R-16637 shall be 1 hectare.
 
(ii) The minimum water frontage shall be 45 metres.
 
(iii) No dwelling shall be erected closer than 20 metres from the high water mark of Whitson Lake.
 
(iv) All lots abutting shoreline are designated as a “Site Plan Control Area”, pursuant to Section 41 of the Planning Act, R.S.O. 1990, Chapter P. 13.
 
(i) R1-1(9) (WATERBODY SETBACK & LOT FRONTAGE)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(9) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modifications:
 
(i) Minimum lot area - 1 hectare;
 
(ii) A minimum building or structure waterbody setback of 30 metres shall be provided from the high water mark of a navigable waterbody.  Within this area of waterbody setback the existing vegetation and natural soil mantle shall be maintained in a natural state, except where traversed by access paths or walkways, or to accommodate a sewage disposal system in accordance with the requirements of a Certificate of Approval for a subsurface sewage disposal system.
 
(iii) The minimum lot frontage shall be 38 metres.
 
(j) R1-1(10) (LOT FRONTAGE AND AREA)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(10) on the Zone Maps, all provisions of this By-law applicable to R1-1, Zones shall apply subject to the following modifications:
 
(i) Minimum lot area 8,900 m²;
 
(ii) Minimum lot frontage 90 metres.
 
(k)  R1-1(11) (PRIVATE CABIN)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(11) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modifications:
 
(i) In addition to the uses permitted in a R1-1 Zone, a private cabin within an existing garage to be used for sleeping accommodation only shall be permitted.
 
(l) R1-1(12) (WANAPITEI LAKE PERMANENT RESIDENTIAL)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(12) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modifications:
 
(i) Any one of the following dwellings shall be permitted on a lot:

(a) a single detached dwelling;

(b) mobile home dwelling mounted on a permanent foundation; or

(c) seasonal dwelling on a legal existing waterfront lot
 
(ii) Nothing in this By-law shall apply to prevent the use of a legal existing lot for a permitted single detached dwelling or a permitted mobile home dwelling where a registered right-of-way over private land or an existing access road over Crown Land provides access from the existing lot to a public road.
 
(m) R1-1(13) (NO FRONTAGE ON A PUBLIC ROAD)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(13) on the Zone Maps, all provisions of this by-law applicable to R1-1 Zones shall apply subject to the following modification:
 
(i) single detached dwelling with accessory buildings and structures may be erected on a lot despite the lot not having frontage onto a public road.
 
(ii) The southerly lot line is deemed to be the front lot line.
 
(n) R1-1(14) Mobile Home Dwelling
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(14) on the Zone Maps, all provisions of this by-law applicable to "R1-1", Residential One Zones shall apply subject to the following modifications:
 
(i) in addition to the uses permitted a mobile home dwelling mounted on a permanent foundation shall also be permitted.
 
(o) R1-1(15) (Single residential - special waterfront setback)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(15) on the Zone Maps, all provisions of this by-law applicable to the "R1-1", Low Density Residential One zone shall apply subject to the following modifications:
 
i)  Except for those uses permitted under Section 4.41.2, the minimum waterfront setback for any residential building or other accessory buildings or structures shall be 15 metres from the high water mark of Makada Lake.
 
ii) No minimum lot frontage shall be required.
 
(p) R1-1(16)   (Waterfront setback, lot frontage & lot area)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(16) on the Zone Maps, all provisions of this by-law applicable to the "R1-1", Low Density Residential One zone shall apply subject to the following modifications:
 
i)  The minimum lot frontage shall be 22 metres;
 
ii) The minimum setback from the high water mark of the Wanapitei River shall be 15 metres; and,
 
iii) The minimum lot area shall be 1.5 hectares.
 
(q) R1-1(17)  (Lot size, field bed setback, vegetative buffer)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(17) on the Zone Maps, all provisions of this by-law applicable to the R1-1 Zone shall apply subject to the following modifications:
 
i)  The minimum lot area shall be 0.8 hectare;
 
ii)  The minimum setback for field beds shall be 45 metres from the high- water mark;
 
iii)  The maximum number of lots shall be 17;
 
iv) shoreline buffer area extending to a minimum depth of 24 metres from the high-water mark shall be maintained in a natural vegetative state;
 
v) The clearance of natural vegetation within the shoreline buffer area shall be permitted subject to the provisions of Section 4.41.3; and,
 
vi)  All lots are designated as an area of "Site Plan Control" pursuant to Section 41 of the Planning Act., R.S.O. 1990, Chapter P. 13.
 
(r) R1-1(18) (SINGLE RESIDENTIAL – REDUCED LOT FRONTAGE)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(18) on the Zone Maps, all provisions of this By-law applicable to R1-1Zones shall apply subject to the following modifications:
 
(i) Minimum Lot Frontage – 36 metres
 
(s) R1-1(19)  (LOT FRONTAGE)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-1(19) on the Zone Maps, all provisions of this By-law applicable to R1-1 Zones shall apply subject to the following modifications:
 
(i) Minimum lot frontage 0 metres;
 
(ii) Buildings may be erected on Part 1, Plan SR-522 and Parts 14 & 15, Plan 53R-16094, Lot 10, Concession 1, Township of Broder notwithstanding that the lot has no lot frontage on an assumed road, provided that there is access to the lot from a private access road.
 
(2) SPECIAL LOW DENSITY RESIDENTIAL ONE ZONES R1-2
 
(a)  R1-2(1)   (SCHOOL BUS OPERATION)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-2(1) on the Zone Maps, all provisions of this By-law applicable to R1-2 Zones shall apply subject to the following modification:
 
(i) In addition to the uses permitted in a R1-2 Zone, the following uses are permitted:
 
(a) a bus parking area, repair garage and related accessory uses.
 
(b) R1-2(2)   (REDUCED LOT AREA & LOT DEPTH)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-2(2) on the Zone Maps, all provisions of this By-law applicable to R1-2 Zones shall apply subject to the following modification:
 
(i) Minimum Lot Area - 434 square metres
 
(ii) Minimum Lot Frontage - 20 metres
 
(iii) Minimum Lot Depth - 20 metres
 
(c) R1-2(3) (Skead Heritage Homes)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-2 (3) on the Zone Maps, all provisions of this By-law applicable to R1-2 Zones shall apply subject to the following modifications:
 
(i) The maximum number of lots within the lands comprised of Parts 1, 2, 3, and 12, Plan 53R14175, and Part 1, Plan 53R19536 shall be 14.
 
(ii) The minimum lot area shall be 860 m²;
 
(iii) The minimum lot frontage shall be 18 m; and
 
(iv) The location of the existing buildings shall be permitted
 
 
(3) SPECIAL LOW DENSITY RESIDENTIAL ONE ZONES - R1-3
 
(4)  SPECIAL LOW DENSITY RESIDENTIAL ONE ZONES - R1-4
 
(a) R1-4(1) (REDUCED STREET FRONTAGE)
 
Notwithstanding any other provision hereof to the contrary, within any area designated  R1-4(1) on the Zone Maps, all provisions of this By-law applicable to R1-4 Zones shall apply subject to the following modification:
 
(i) Minimum lot frontage 16.3m
 
b)  R1-4(2)   LOT COVERAGE
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-4(2) on the Zone Maps, all provisions of this by-law applicable to R1-4 Zones shall apply subject to the following modifications:
 
(i) The maximum lot coverage for partially or unserviced lots shall be 30%.
 
(5) SPECIAL LOW DENSITY RESIDENTIAL ONE ZONES - R1-5
 
(a) R1-5(1)  (SPECIAL SETBACKS)  
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(1) on the Zone Maps, all provisions of this By-law applicable to the R1-5 Zones shall apply subject to the following modification:
 
(i) No building or structure shall be permitted within 33 metres (l08.27 ft.) of the northerly lot line.
 
(b) R1-5(2) (LANDSCAPING CONTRACTOR) 
 
Notwithstanding any other provision hereof to the contrary, within any area zoned R1-5(2) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) The only permitted uses shall be a landscaping contractor’s business and related accessory uses which, among other uses, may include a maintenance shop, a rental shop, an office and storage.
 
(ii) That the only permitted building shall be the existing building restricted to its existing size.
 
(c) R1-5(3) (BANQUET HALL - CATERING) 
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(3) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) The only permitted uses shall be a banquet hall facility and related accessory uses which may include facilities for catering off-premises functions.
 
(ii) A minimum of 61 parking spaces shall be provided.
 
(iii) The maximum banquet hall net floor area shall be 538 m².  For the purposes of the lands designated R1-5(3) net floor area shall be measured from interior wall faces and shall include those areas used to accommodate the public.  The banquet hall net floor area shall not include washrooms, hallways, stairways, kitchens and bar areas required for the management and operation of the banquet hall facility.
 
(iv) Yards shall be provided in accordance with Schedule “A” to the Site Plan Control Agreement registered on September 10th, 1993 under Instrument #768239.
 
(d) R1-5(4) (LEINALA SUBDIVISION)  
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(4) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modification:
 
(i) All buildings shall be set back a minimum of 15 metres from the highwater mark of St. Charles Lake.
 
(e) R1-5(5) (5 LOTS ON RIGHT-OF-WAY)
 
Notwithstanding any other provision hereof to the contrary, within any area zoned R1-5(5) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) That the only permitted uses shall be single detached dwellings and related accessory uses;
 
(ii) That road frontage shall not be required where access to a lot is provided by a registered right of way;
 
(iii) That a lot with public road frontage shall have a minimum road frontage of 7.6m;
 
(iv) That the minimum lot size shall be 1028m²;
 
(v) That for purposes of determining building setbacks, the north lot line shall be deemed to be the front lot line;
 
(vi) Minimum building setbacks for single detached dwellings and garages;
 
- 12.19 m from the north boundary of Part 1, 53R-14209
- 7.62 m from the south boundary of Part 1, 53R-14209
- 4.5 m from a side lot line
 
(vii) Minimum building setback for other accessory buildings:
 
- 12.19 m from the north boundary of Part 1, 53R-14209
 
(viii) The lands described as Parcel 624 SES in Lot 1, Concession 3, McKim Township are designated as a “Site Plan Control Area”, pursuant to Section 41 of the Planning Act;
 
(f) R1-5(6) (INCREASED FRONTAGE AND AREA)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(6) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) The minimum lot areas and frontages shall be as follows:
 
(a) on Parts 2 and 3, Plan 53R-16042:
- minimum lot area – 1.9 hectares
- minimum lot frontage – 39 metres
 
(b) on Part 4, Plan 53R-16042:
- minimum lot area – 1.8 hectares
- minimum lot frontage – 25 metres
 
(g) R1-5(7) (DANCE STUDIO)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(7) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) In addition to the uses permitted in an R1-5 zone, a dance studio is also a permitted use.
 
(h) R1-5(8) (NOISE ATTENUATION STRUCTURES)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(8) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) structure which is erected for the exclusive purpose and use of providing noise attenuation may be located in a required exterior yard or any other yard.
 
(i) R1-5(9) (DANCE STUDIO)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(9) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) In addition to the uses permitted in a R1-5 Zone, a day care centre and a dance studio shall be permitted.
 
(j) R1-5(10)  (BED AND BREAKFAST ACCOMMODATION FACILITY)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(10) on the Zone Maps all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) A bed and breakfast establishment comprised of a maximum of one (1) dwelling unit, a maximum of six (6) accessory guest rooms and related accessory uses shall be permitted.
 
(ii) the existing main building is restricted to its existing size and location.
 
(k)  R1-5(11) (LEINALA SUBDIVISION)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(11) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) All buildings shall be set back a minimum of 20 metres from the high water mark of Middle Lake.
 
(l) R1-5(12) (DWELLING WITH CHIROPRACTOR’S OFFICE)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(12) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) In addition to the uses permitted in a R1-5 Zone, a chiropractor’s office together with a single detached dwelling unit within the same building shall be permitted.
 
(ii) The chiropractor’s office shall be restricted to a maximum net floor area of 150m².
 
(m) R1-5(13) (REDUCED REAR YARD)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(13) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modification:
 
(i) Minimum rear yard depth shall be 6 metres.
 
(n) R1-5(14) (PERSONAL SERVICE SHOP)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(14) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modification:
 
(i) In addition to the uses permitted in a R1-5 Zone, a personal service shop is permitted.
 
(o)  R1-5(15)   BEAUTY SALON  
 
Notwithstanding any other provision hereof to the contrary, within the area designated R1-5(15), on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i)   In addition to the uses permitted in an R1-5 zone, a beauty salon shall also be permitted;

(ii)   Driveway access shall only be permitted onto Balsam Street;
 
(p) R1-5(16) Building Location and Landscaping
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(16) on the Zone Maps, all provisions of this By-law applicable to R1-5 Zones shall apply subject to the following modifications:
 
(i) The existing building as located on the lot shall be permitted.
 
(ii) No landscaped open space is required to be maintained in the front yard.
 
(q) R1-5(17) (REDUCED LOT FRONTAGE)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(17) on the Zone Maps, all provisions of this By-law applicable to the R1-5 Zone shall apply subject to the following modifications:
 
i) Minimum lot frontage - 14.7 metres
 
(r) R1-5(18)   (Location of existing dwelling)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R1-5(18) on the Zone Maps, all provisions of this by-law applicable to the "R1-5", Low Density Residential One zone shall apply subject to the following modification:
 
i)  The location of the existing dwelling shall be permitted.
 
(6) SPECIAL LOW DENSITY RESIDENTIAL ONE ZONES - R1-6
 
(7)  SPECIAL LOW DENSITY RESIDENTIAL TWO ZONES - R2-1
 
 (a) R2-1(1) (REDUCED FRONT YARD)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-1(1) on the Zone Maps, all provisions of this By-law applicable to R2-1 Zones shall apply subject to the following modification:
 
i) Minimum front yard depth shall be 4.5 metres.
 
(b)   R2-1(2) (REDUCED PARKING SPACE DIMENSION)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-1(2) on the Zone Maps, all provisions of this By-law applicable to R2-1 Zone shall apply subject to the following modifications:
 
(i) The minimum parking space dimension for the two required parking spaces located within the existing attached private garage shall be 2.75 metres in width by 5.79 metres in length.
 
(c) R2-1(3)  (Duplex dwelling)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-1(3) on the Zone Maps, all provisions of this by-law applicable to the R2-1 Zone shall apply subject to the following modification:
 
i) Two (2) required parking spaces shall be permitted to encroach into the required front yard.
 
(d) R2-1(4)  McKIm Township
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-1(4) on the Zone Maps, all provisions of this By-law applicable to R2-1 Zones shall apply subject to the following modifications:
 
(i) That two (2) required parking spaces, 2.70 m in width, shall be permitted.
 
(e) R2-1(5) (REDUCED FRONT YARD SETBACK)
 
Notwithstanding any other provision hereof to the contrary, within any area designated “R2 1(5)” on the Zone Maps, all provisions of this by-law applicable to the “”R2-1”, Low Density Residential Zone shall apply subject to the following modification:
 
(i) The minimum required front yard setback shall be 13 metres.
 
(f)    R2-1(6)  (REDUCED LOT AREA)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-1(6) on the Zone Maps, all provisions of this By-law applicable to R2-1 Zones shall apply subject to the following modification:
 
(i) Minimum lot area for duplex dwellings – 229.0 m² per unit
 
(h) R2-1(8) (REQUIRED PARKING SPACES IN FRONT YARD)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2 1(8) on the Zone Maps, all provisions of this By-law applicable to R2-1 Zone shall apply subject to the following modification:
 
(i) That the two required parking spaces for a duplex dwelling shall be permitted to be located within the required front yard and that one of the required parking spaces be permitted to encroach into the Alice Street road allowance.
 
(8) SPECIAL LOW DENSITY RESIDENTIAL TWO ZONES - R2-2
 
(a) R2-2(1) (MEDICAL OFFICE)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(1) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) The only permitted use shall be a medical doctor's office for one practitioner.
 
(ii) The existing building, as located, is permitted.
 
(iii) parking spaces shall be provided.
 
(b) R2-2(2) (SINGLE DWELLING AND BEAUTY SALON)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(2) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modification:
 
(i) The only permitted uses shall be a beauty parlour, a chiropractic office and one dwelling unit.
 
(c) R2-2(3) (UNION OFFICES)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(3) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modification:
 
(i) The only permitted uses shall be union offices, training facilities and meeting rooms.
 
(d) R2-2(4) Neelon Township (By-law 2017-90Z)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(4) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) In addition to the uses permitted in an R2-2 Zone, business or professional offices, shall also be permitted;
 
(e) R2-2(5) McKIm Township
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(5) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) The only permitted uses shall be as follows:
 
(a) Two dwelling units on the ground floor within the existing building;
 
(b) The manufacture and storage of ice cubes and blocks within the lower floor of the existing building, and the wholesale and retail of these products.
 
(ii) The minimum depth shall be the dimensions of Lots 16, 17 and 18 as shown on Plan M-135.
 
(iii) The location of the existing building is permitted.
 
(f) R2-2(6) (ROOMING HOUSE, BOARDING HOUSE DWELLING)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(6) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) The only permitted uses shall be a single detached dwelling or a duplex dwelling or a boarding house dwelling or a rooming house restricted to the size and location of the existing building.
 
(g) R2-2(7) (PRIMARY ARTERIAL SETBACK) 
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(7) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modification:
 
(i) No buildings shall be permitted within 15 m of Regional Road 73 (known as Maley Drive).
 
(h)  R2-2(8) REAR YARD SETBACK
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(8) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) The minimum rear yard shall be 30 metres.
 
(i) R2-2(9)   (ATTACHED DUPLEXES)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(9) on the Zone Map, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) duplex dwelling shall be permitted on Lot 67, Plan M-91 and no interior north side yard shall be required;
 
(ii) duplex dwelling shall be permitted on Lot 74, Plan M-91 and no interior south side yard shall be required.
 
(j) R2-2(10) (TWO DWELLING UNITS AND ELECTRICAL                       
CONTRACTING BUSINESS)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(10) on the Zone Map, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modification:
 
(i) In addition to the uses permitted in an  R2-2 zone an office and accessory uses related to the premises of an electrical contracting business shall be permitted.
 
(k) R2-2(11) (FRONT YARD DEPTH)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(11) on the Zone Map, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modification:
 
(i) The minimum front yard depth shall be 8 metres.
 
(l) R2-2(12) (FRONT YARD PARKING)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(12) on the Zone Map, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modification:

(i) Required parking spaces shall not be closer than 3 metres from any road.
 
(m) R2-2(13) (THREE RESIDENTIAL DWELLING UNITS)
         
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(13) on the Zone Map, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) A maximum of three dwelling units shall be permitted;
 
(ii) That a minimum of four parking spaces shall be provided and two of the required parking spaces shall be permitted in the required front yard.
 
(n) R2-2(14) (THREE RESIDENTIAL DWELLING UNITS)
        
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(14) on the Zone Map, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) A maximum of three dwelling units shall be permitted;
 
(ii) That four of the required parking spaces shall be permitted in the required front yard.
 
(o) R2-2(15) (SIDE YARD AND LOT DEPTH )
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(15) on the Zone Map, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) The minimum easterly interior side yard width shall be 1.06 m;
 
(ii) The minimum lot depth shall be 24.38 m;
 
(iii) The minimum lot area shall be 371 m².
 
(p)  R2-2(16)  (TRIPLEX WITH FRONT YARD PARKING) 
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(16) on the Zone Maps, all provisions of this By-law applicable to the R2-2 Zones shall apply subject to the following modifications:
 
(i)   A maximum of three dwelling units shall be permitted;
 
(ii) A minimum of two parking spaces shall be required which are permitted within the required front yard.
 
(q) R2-2(17) Contract Furniture Sales, Warehouse, Storage and Office Use (Keaney Interiors)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2 on the Zone Maps, all provisions of this by-law applicable to "R2-2", Residential Two Zones shall apply subject to the following modifications:
 
(i) the only permitted use shall be the business engaged in contract furniture sales warehouse, storage and office use.
 
(r) R2-2(18)  (Landscaped open space, driveway width and location)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(18) on the Zone Maps, all provisions of this by-law applicable to the R2-2 Zone shall apply subject to the following modifications:
 
i) The minimum amount of landscaped open space in the required front yard shall be 39%;
 
ii) The maximum driveway width for each semi-detached dwelling unit shall be 5.5 metres;
 
iii) The driveway for each pair of semi-detached dwelling units shall be centred at the common lot line.
 
(s) R2-2(19)   (MINIMUM LOT FRONTAGE) (By-law 2015-72Z)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(19) on the Zone Maps, all provisions of this by-law applicable to the R2-2 Zone shall apply subject to the following modifications:
 
(i) Minimum lot frontage for a semi-detached dwelling – 7.5 metres per unit.
 
(t) R2-2(20)  McKim Township
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(20) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) A maximum of three dwelling units shall be permitted;
 
(ii) A minimum of five parking spaces shall be required, one of which is permitted within the required front yard; and
 
(iii) A minimum of 40% of the required front yard shall be landscaped.
 
(u)  R2-2(21) (THREE UNITS WITH REAR YARD PARKING)
 
Notwithstanding any other provision hereof to the contrary, within any areas designated R2-2(21) on the Zone Maps, all provisions of this By-law applicable to the R2-2 Zone shall apply subject to the following modifications:
 
i) A maximum of three dwelling units shall be permitted;
 
iii) A minimum of four parking spaces shall be provided for three dwelling units and the required parking spaces shall be located in the rear yard.
 
(v) R2-2(22)  (Lot frontage and lot coverage)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(22) on the Zone Maps, all provisions of this by-law applicable to the R2-2 Zone shall apply subject to the following modifications:
 
i) The minimum lot frontage shall be 17 metres, or 8.5 metres per dwelling unit for a semi-detached dwelling; and,
 
ii) The maximum lot coverage shall be 46%.
 
(w) R2-2(23)  (Triplex with front yard parking)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(23) on the Zone Maps, all provisions of this by law applicable to the "R2-2", Low Density Residential Two zone shall apply subject to the following modifications:
 
i) A maximum of three (3) dwelling units shall be permitted;
 
ii) A minimum of four (4) parking spaces shall be required, to include three (3) parking spaces within the required front yard; and,
 
iii) A minimum of 20% of the required front yard shall be maintained as landscaped open space.
 
(x) R2-2(24) (Triplex with front yard parking)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(24) on the Zone Maps, all provisions of this by law applicable to the "R2-2", Low Density Residential Two zone shall apply subject to the following modifications:
 
i) A maximum of three (3) dwelling units within the existing building shall be permitted;
 
ii) A minimum of one (1) parking space per dwelling unit shall be required;
 
iii) The minimum length of parking spaces in the required front yard shall be 3.6m;
 
iv) Parking shall be permitted within the required front yard;
 
v) A minimum of 25% of the required front yard shall be maintained as landscaped open space;
 
vi) The size and location of the existing building shall be permitted;
 
vii) The size and lot frontage of the existing lot shall be permitted;
 
viii) Planting strips shall not be required; and,
 
ix) Two driveway entrances shall be permitted with a combined width not to exceed 8.25 m.
 
(y) R2-2(25) (ONE STOREY)
 
Notwithstanding any other provision hereof to the contrary, within any area designated “R2-2(25)” on the Zone Maps, all provisions of this By-law applicable to the “R2-2” Zone shall apply subject to the following modification:
 
(i) The maximum building height shall be one storey.
 
(z) R2-2(26) (FOUR UNIT MULTIPLE DWELLING)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2 2(26) on the Zone Maps, all provisions of this By-law applicable to the R2-2 Zone shall apply subject to the following modifications:
 
i) A maximum of four dwelling units within the existing building shall be permitted; and,
 
ii) A minimum of five parking spaces shall be required for which portions of said five parking spaces being permitted to encroach across the front lot line into the Cochrane Street road allowance.
 
(aa)   R2-2(27)   (Semi-detached dwelling)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(27) on the Zone Maps, all provisions of this by-law applicable to the "R2-2", Low Density Residential Two zone shall apply subject to the following modifications:
 
(i) A minimum lot depth of 24 metres shall be permitted;
 
(ii)   The driveway for the semi-detached dwelling shall be centred at the common lot line;
 
(iii) Belanger Street shall be deemed to be the front lot line;
 
(iv) The following minimum building setbacks shall apply:
 
(a) Front yard: 5.9 metres;
 
(b) Rear yard: 6 metres.
 
(bb)   R2-2(28) (Three Unit Multiple Dwelling)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(28) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modification:
 
i) That a maximum of three (3) dwelling units shall be permitted;
 
ii) That the maximum building height shall be 12.5 metres; and
 
iii) That an opaque wood panel fence is required along the easterly side lot line. The fence shall be a minimum of 1.0 m in height in the required front yard and a minimum of 2.0 m in height between the front yard and the rear elevation of the dwelling on the lot.
 
(cc)    R2-2(29) (Three Unit Multiple Dwelling)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(29) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modification:
 
i) That in addition to the uses permitted in an R2-2 Zone a multiple dwelling containing a maximum of three dwelling units shall be permitted, and
 
ii) A maximum of one parking space per dwelling unit shall be required.
 
(dd) R2-2(30) (SINGLE DETACHED DWELLINGS, WAREHOUSE AND AUTOMOTIVE GLASS REPLACEMENT SHOP)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(30) on the Zone Maps, all provisions of this By-law applicable to the R2-2 Zone shall apply subject to the following modifications:
 
(a) That the only permitted uses on the westerly 15.7 metre depth of Lot 49, Plan 8S and the westerly 18 metre depth of Lot 50, Plan 8S shall be single-detached dwellings and a driveway providing access to a permitted warehouse and an automotive use restricted to that of an automotive glass replacement shop;
 
(b) That the only permitted use within the existing building located on the easterly portion of Lots 49 and 50, Plan 8S shall be a warehouse and an automotive use restricted to that of an automotive glass replacement shop with a maximum service area of 102 square metres plus accessory warehouse and office areas in the balance of the building;
 
(c) That the number of parking spaces on Lots 49 and 50, Plan 8S shall be a minimum of three parking spaces; and
 
(d) That the existing buildings as located on the lots shall be permitted.
 
(ee) R2-2(31) (FOUR DWELLING UNIT MULTIPLE DWELLING)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2 2(31) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:
 
(i) In addition to the uses permitted in an R2-2 zone, a multiple dwelling containing a maximum of four dwelling units shall be permitted;
 
(ii) That a minimum of one parking space per dwelling unit shall be provided for the multiple dwelling and all required parking spaces shall be located in the rear yard; and,
 
(iii) That one of the required parking spaces for the multiple dwelling may be located inside the existing detached private garage with the parking space having a minimum width of 2.6 metres and a minimum length of 5.4 metres.
 
(ff) R2-2(32)   (Triplex with parking relief)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(32) on the Zone Maps, all provisions of this by-law applicable to the "R2-2", Low Density Residential Two zone shall apply subject to the following modifications:
 
i) A maximum of three (3) dwelling units shall be permitted;
 
ii) The size of the existing lot shall  be permitted;
 
iii) A minimum of four (4) parking spaces shall be required;
 
iv) Three (3) required parking spaces shall be permitted within the required front yard;
 
v) The minimum width of the parking space in the northerly interior side yard shall be 2.7 metres; 
 
vi) A minimum 25% of the required front yard shall be maintained as landscaped open space;
 
vii) Planting strips shall not be required; and,
 
viii) One driveway entrance shall be permitted with a width not to exceed 11.25 metres.
 
(gg) R2-2(33)   (Special setback to highway right-of-way)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(33) on the Zone Maps, all provisions of this by-law applicable to the "R2-2", Low Density Residential Two zone shall apply subject to the following modification:
 
(i) No buildings or structures are permitted within 8 metres of the Highway 17 property line. The 8-metre buffer area shall be maintained in a natural vegetative state.

(hh)    R2-2(34)      (Driveway layout)

Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(34) on the Zone Maps, all provisions of this by-law applicable to the "R2-2", Low Density Residential Two zone shall apply subject to the following modifications:

i)    The driveway for each pair of semi-detached dwelling units shall be centred at the common lot line.
 
(ii)     R2-2(35)     (TRIPLEX)

Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(35) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:

i)    That a maximum of three (3) dwelling units shall be permitted in the existing building;

ii)    That one (1) parking space shall be required per dwelling unit and the required parking spaces shall be located in the rear yard;

iii)    That an opaque wood fence with a minimum height of 1.8m shall be provided along the easterly lot line from a point perpendicular from the rear building line extending northerly a minimum of 10.0m.
 
(jj)     R2-2(36)     (Three Unit Multiple Dwelling)

Notwithstanding any other provision hereof to the contrary, within any area designated R2-2 (36) on the Zone Maps, all provisions of this By-law applicable to R2-2 Zones shall apply subject to the following modifications:

i)    That a maximum of three (3) dwelling units shall be permitted;

ii)    That the required parking spaces shall be located in the rear yard;

iii)    That an opaque wood fence with a minimum height of 1.8m shall be provided along the southerly lot line from a point perpendicular from the rear building line extending easterly to the rear lot line;

iv)    That the minimum front yard shall be 4.25m; and

v)    That the minimum northerly interior side yard shall be 1.5m for a two (2) storey building.
 
(kk)    R2-2(37)      (Driveway layout)

Notwithstanding any other provision hereof to the contrary, within any area designated R2-2(37) on the Zone Maps, all provisions of this by-law applicable to the "R2-2", Low Density Residential Two zone shall apply subject to the following modifications:

(i)    The driveways for the semi-detached dwellings located on the corner lot shall be paired and centred at the common lot line.
 
(9) SPECIAL LOW DENSITY RESIDENTIAL TWO ZONES -  R2-3
 
(a) R2-3(1) (SPECIAL RESIDENTIAL FACILITY)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(1) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) The only permitted use shall be a special residential facility providing for the non-medical treatment of drug and alcohol related problems and having a maximum occupancy of 16 residents and necessary staff.
 
(ii) The minimum required front yard shall be 3.35 metres.
 
(iii) The minimum required rear yard shall be 2.29 metres.
 
(iv) A minimum of 9 parking spaces shall be provided.
 
(b) R2-3(2)  McKim Township
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(2) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) The only permitted uses and the maximum gross floor areas which may be dedicated to each use shall be as follows:
 
(a) rehearsal hall, fitness centre and accessory workshop and administrative offices - 646m²
 
(b) commercial enclosed storage space – 2,267 m2
 
(c) woodcraft manufacturing and accessory retail uses – 242 m²
 
(d) offices excluding medical offices - 242 m²
 
(ii) The existing building as located is permitted.
 
(iii) A minimum of 7 parking spaces shall be provided.
 
(iv) Parking may be provided in the required front yard.
 
(c)R2-3(3) (ROOMING HOUSE AND BOARDING HOUSE DWELLINGS)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(3) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modification:
 
(i) In addition to the uses permitted in an R2-3 Zone, rooming house and boarding house dwellings shall also be permitted.
 
(d) R2-3(4) (FLORIST SHOP)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(4) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) The only permitted use shall be a florist shop and uses accessory thereto.
 
(ii) The existing building and lot are permitted.
 
(iii) No parking spaces are required.
 
(e) R2-3(5) McKim Township
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(5) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) The only permitted uses shall be the following:
 
(a) offices, including business offices for light industrial uses;
 
(b) a detoxification centre with a maximum gross floor area of 371.6 m²;
 
(c) a referral treatment consultative facility for a public hospital with a maximum
gross floor area of 650.3 m²; and,
 
(d) related accessory uses.
 
(f) R2-3(6) (LITTLE ITALY)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(6) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) The minimum frontage, depth and area for each lot shall be as shown on Plans M-1051, M-1052 and M-1053.
 
(ii) The only permitted uses shall be as follows:
 
(a) Plan M-1051 - Lots 1 to 5, 7 to 10, 12 to 32, 34, 35 and 37 to 41 - only single detached dwellings and their accessory uses.
 
- Lots 11, 33 and 36 - only an overhead pipeline
 
(b) Plan M-1052 - Lots 1 to 26, 31 to 37, 40, 43 to 52, 54 to 65 - only single detached dwellings and their accessory uses.
 
- Lots 27 to 30, 39, 41 and 42 - only private garages
- Lot 38 - only storage and warehousing
 
(c) Plan M-1053 - Lots 1 to 29, 31 to 53, and 55 to 71 - only single detached dwellings and their accessory uses.
 
- Lot 30 - only a grocery store
- Lot 54 - only a refrigerated trailer for the storage of food in conjunction with the grocery store located on Lot 30, Plan M-1053.
 
(g) R2-3(7) McKim Township
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(7) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) In addition to the uses permitted in an R2-3 zone, all "C2" uses shall also be permitted.
 
(h) R2-3(8) (12 GUEST ROOMS)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(8) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) In addition to the uses permitted in an R2-3 zone, a residential building containing a maximum of 12 guest rooms, designed for residents thereof, who require homecare, personal support services and/or nursing assistance, as well as common kitchen and eating facilities, shall be permitted.
 
(ii) Required parking spaces for seniors’ guest room accommodations shall be provided at a ratio of 0.5 parking spaces per guest room.
 
(i) R2-3(9) (ENTERTAINMENT PRODUCTION FACILITY
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(9)on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) The only uses permitted shall be as follows:
 
(a) The uses permitted in an R2-3 zone; or
 
(b) Within an existing building, one dwelling unit and/or a film/theatre/television entertainment production facility consisting of a scenery design and production studio.  An office which is accessory to a film/theatre/television entertainment production facility.
 
(1) No loading spaces shall be required.
 
(2) Two parking spaces shall be provided for an existing building containing a film/theatre/television production facility.
 
(3) The existing yards, frontage and area shall be permitted.
 
(j) R2-3(10) (WAREHOUSING AND OFFICES)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(10) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) The only permitted uses shall be a warehouseofficestrade school and related accessory uses.
 
(ii) The existing building, as located, is permitted.
 
(iii) a minimum of 14 parking spaces be provided and that their location in part of the front yard and corner side yard be permitted.
 
(k)  R2-3(11)  (BUSINESS OFFICE)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(11) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) In addition to the uses permitted in an R2-3 Zone, a business office not exceeding a net floor area or 230m² shall also be permitted.  A business office shall not be permitted in conjunction with any other permitted use.
 
(ii) Two parking spaces shall be provided when the existing building is occupied by a business office.
 
(iii) Part 4, Section 4.15.4 shall not apply.
 
(l) R2-3(12) (BOOKKEEPING OFFICE)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(12) on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications:
 
(i) In addition to the uses permitted in an R2-3 Zone, the office of a bookkeeping company shall also be a permitted use.
 
(ii) a maximum of 3 parking spaces shall be provided.
 
(m) R2-3(13)   (TRIPLEX)
 
Notwithstanding any other provision hereof to the contrary, within any area designated R2-3(13)on the Zone Maps, all provisions of this By-law applicable to R2-3 Zones shall apply subject to the following modifications: