COUNTY OF PRINCE EDWARD
COMPREHENSIVE ZONING
BY-LAW NO. 1816-2006
October 23, 2006
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
TABLE OF CONTENTS
SECTION 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
INTERPRETATION
1
TITLE
1
DECLARATION
1
APPLICATION
1
INTERPRETATION
2
ZONE SYMBOLS
2
SPECIAL ZONE SYMBOLS
2
INTERPRETATION OF ZONE BOUNDARIES
2
ZONE PROVISIONS
3
HEADINGS
3
ROAD CLOSINGS
3
ROAD NAMES - ZONE SCHEDULES
3
APPENDICES - MINIMUM DISTANCE SEPARATION FORMULAE 3
METRIC PROVISIONS
4
STATUTE REFERENCES
4
SECTION 2 COMPLIANCE WITH THE BY-LAW
5
SECTION 3 DEFINITIONS
6
SECTION 4
4.1
4.2
4.3
4.4
4.5
41
41
44
45
45
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
GENERAL PROVISIONS
ACCESSORY BUILDINGS, STRUCTURES AND USES
ACCESSORY FARM ACCOMMODATION
BASEMENTS OR WALKOUT BASEMENTS
BED AND BREAKFAST ESTABLISHMENTS
ESTABLISHED BUILDING LINE IN RESIDENTIAL AND
COMMERCIAL ZONES
EXISTING UNDERSIZED LOTS
FRONTAGE REQUIREMENTS
GROUP HOMES
HEIGHT EXCEPTIONS
HOLDING PROVISIONS
HOME BUSINESS
HOME BUSINESS, RURAL
LANDSCAPED OPEN SPACE
LANDSCAPE PLANTING / BUFFER STRIPS
LIVESTOCK
MINIMUM DISTANCE SEPARATION REQUIREMENTS
MULTIPLE USES ON ONE LOT
MULTIPLE ZONES ON ONE LOT
NON-COMPLYING USES, BUILDINGS AND STRUCTURES
NON-CONFORMING USES, BUILDINGS ANS STRUCTURES
45
46
46
47
47
48
48
49
50
50
51
51
52
52
52
53
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
4.21
4.22
4.23
4.24
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32
4.33
PITS AND QUARRIES
PRIVATE HOME DAY CARE
PUBLIC USES AND UTILITIES
SIGHT TRIANGLES
SPECIAL SETBACK PROVISIONS
SPECIAL RESIDENTIAL SETBACK PROVISIONS FROM NONRESIDENTIAL USES
SPECIAL TEMPORARY USES PERMITTED
THROUGH LOTS
TRAILER OR MOBILE HOME PARKS
TRUCK, BUS AND COACH BODIES
REQUIREMENTS FOR SPECIAL STUDIES FOR DEVELOPMENT
ADJACENT TO PROVINCIALLY SIGNIFICANT WETLANDS
OUTDOOR FURNACES / HEATING APPLIANCES
WINDMILLS
54
54
55
56
57
58
59
59
59
59
60
60
60
SECTION 5 PARKING, LOADING AND DRIVEWAY PROVISIONS
5.1
PARKING PROVISIONS
5.2
LOADING PROVISIONS
61
61
69
SECTION 6 ZONES AND ZONING MAPS
71
SECTION 7 RURAL 1 (RU1) ZONE
74
SECTION 8 RURAL 2 (RU2) ZONE
93
SECTION 9 RURAL 3 (RU3) ZONE
104
SECTION 10 URBAN RESIDENTIAL TYPE ONE (R1) ZONE
111
SECTION 11 URBAN RESIDENTIAL TYPE TWO (R2) ZONE
121
SECTION 12 URBAN RESIDENTIAL TYPE THREE (R3) ZONE
125
SECTION 13 HAMLET RESIDENTIAL (HR) ZONE
138
SECTION 14 LIMITED SERVICE RESIDENTIAL (LSR) ZONE
155
SECTION 15 MOBILE HOME PARK RESIDENTIAL (MHR) ZONE
163
SECTION 16 RURAL RESIDENTIAL 1 (RR1) ZONE
166
SECTION 17 RURAL RESIDENTIAL 2 (RR2) ZONE
188
SECTION 18 CORE COMMERCIAL (CC) ZONE
203
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
SECTION 19 GENERAL COMMERCIAL (CG) ZONE
213
SECTION 20 LOCAL COMMERCIAL (CL) ZONE
219
SECTION 21 HIGHWAY COMMERCIAL (CH) ZONE
233
SECTION 22 TOURIST COMMERCIAL (TC) ZONE
247
SECTION 23 TRAILER PARK COMMERCIAL (TPC) ZONE
264
SECTION 24 GENERAL INDUSTRIAL (MG) ZONE
269
SECTION 25 HEAVY INDUSTRIAL (MH) ZONE
276
SECTION 26 RURAL INDUSTRIAL (MR) ZONE
279
SECTION 27 EXTRACTIVE INDUSTRIAL (MX) ZONE
293
SECTION 28 WASTE DISPOSAL INDUSTRIAL (MD) ZONE
296
SECTION 29 INSTITUTIONAL (I) ZONE
298
SECTION 30 OPEN SPACE (OS) ZONE
307
SECTION 31 ENVIRONMENTAL PROTECTION (EP) ZONE
314
SECTION 32 ENVIRONMENTAL PROTECTION - PROVINCIALLY SIGNIFICANT
WETLAND (EP-W) ZONE
317
SECTION 33 FUTURE DEVELOPMENT (FD) ZONE
319
SECTION 34 BY-LAW ENFORCEMENT AND VALIDITY
322
APPENDIX I MINIMUM DISTANCE SEPARATION FORMULA I
APPENDIX II MINIMUM DISTANCE SEPARATION FORMULA II
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
1
SECTION 1 INTERPRETATION
1.1
TITLE
This By-law may be cited as the "COUNTY OF PRINCE EDWARD ZONING BY-LAW".
1.2
DECLARATION
The Zone Schedules, A1 through A10 inclusive contained herein, as set out in the following table,
are declared to form part of this By-law.
Schedule No. Municipal Ward
Ward No.
A1
Picton
1
A2
Bloomfield
2
A3
Wellington
3
A4
Ameliasburgh
4
A5
Athol
5
A6
Hallowell
6
A7
Hillier
7
A8
North Marysburgh
8
A9
South Marysburgh
9
A10
Sophiasburgh
10
The following Appendices I and II consisting of the Ministry of Agriculture, Food and Rural
Affairs’ Minimum Distance Separation Formulae I and II, as amended from time to time are
declared to form part of this By-law.
1.3
APPLICATION
1.4
This By-law shall apply to and be enforceable with respect to all lands, buildings and structures
within the municipal boundaries of the County.
INTERPRETATION
SECTION 1 – INTERPRETATION
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
2
For the purposes of this By-law, words used in the present tense include the future; words in
singular number include the plural and words in the plural include the singular number; the word
"shall" is mandatory; the word "may" is permissive.
1.5
ZONE SYMBOLS
The Zone symbols used on any of the Schedules attached to and forming part of this By-law refer
to the use of land, buildings and structures permitted by this By-law in the zone categories.
Whenever in this By-law the word "Zone" is used, preceded by any of the Zone symbols, such
Zone shall mean any area within the County of Prince Edward delineated on any of the Schedules
attached to and forming part of this By-law and designated thereon by the Zone symbol.
1.6
SPECIAL ZONE SYMBOLS
1.6.1
SPECIAL ZONE PROVISIONS
Where the Zone Symbol designating certain lands, as shown on any of the Schedules attached to
and forming part of this By-law is followed by a dash and a number, for example M1-1, Special
Zone Provisions apply to such lands. Such provisions are detailed within each Zone classification
in a subsection entitled “SPECIAL ZONE PROVISIONS”. Lands designated in this manner shall
be subject to all the provisions of this By-law and the applicable Zone, except as may otherwise
be provided by the Special Zone Provisions.
1.6.2
HOLDING ZONE SYMBOLS
Where the Zone Symbol, or Special Zone Symbol, designating certain lands, as shown on any of
the Schedules attached to and forming part of this By-law is followed by a dash and the letter
“H”, Holding Zone provisions apply to such lands as further specified in Section 4.10 of this Bylaw, and in accordance with Section 36 of the Planning Act, R.S.O., l990, as amended.
1.7
INTERPRETATION OF ZONE BOUNDARIES
The extent and boundary of every zone, as delineated on the Schedules attached hereto and
forming part of this By-law, shall be determined in accordance with the following:
i.
Except as otherwise provided in this section, the extent and boundary of all zones shall be
construed to be lot lines, boundaries of registered plans, centre lines of streets, road
allowances and former railway lines;
ii.
Where a zone boundary on any Schedule attached hereto passes through land, the
location of such boundary shall be determined in accordance with the scale on the
applicable Schedule;
iii.
Where a zone boundary is indicated as following a shoreline of a lake, river or bay, the
zone boundary shall follow the high water mark as determined in accordance with
standard surveying practices; and
iv.
Where a zone boundary is indicated as following a natural feature, such as an escarpment,
wetland or watercourse, the zone boundary shall be determined by the County in
SECTION 1 – INTERPRETATION
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3
consultation with the Conservation Authority based on criteria relevant to the protection
of the natural feature and, where available, the limits of the regulatory flood plain.
1.8
ZONE PROVISIONS
All the Zone Provisions of this By-law which are applicable to a use or activity, or building or
structure shall be deemed to be contained within the Zone in which such use or activity, or
building or structure is permitted, unless a specific provision of this By-law provides otherwise.
1.9
HEADINGS
The headings of the Sections and Subsections of this By-law or on any of the Schedules attached
to and forming part of this By-law hereof, together with the illustrations, examples and
explanatory notes appearing at various places throughout this By-law or on any of the Schedules
attached to and forming part of this By-law hereof, have been inserted as a matter of convenience
and for reference only and in no way define, limit or enlarge the scope or meaning of this By-law
or any of its provisions.
1.10
ROAD CLOSINGS
In the event that a dedicated street or road, as delineated on any of the Schedules attached to and
forming part of this By-law hereof, is closed, the property formerly within such street or road
shall be included within the Zone of the adjoining property on either side of such closed street or
road. Where a closed street or road is the boundary between two or more different zones, the new
zone boundary shall be the former centre line of the closed street or road.
1.11
ROAD NAMES - ZONE SCHEDULES
Road names as delineated on any of the Schedules attached to and forming part of this By-law
hereof, have been included as a matter of convenience only. In no case shall the provisions of
this By-law be interpreted as to require an amendment to this By-law to permit the changing of
the name of a street, road, lane or trail or to permit the changing of the status of a road or road
allowance.
1.12
APPENDICES - MINIMUM DISTANCE SEPARATION FORMULAE
Appendix I and Appendix II, attached hereto and forming part of this By-law, contain the
Minimum Distance Separation, MDS I and MDS II, formulae, as amended from time to time
required by the Ministry of Agriculture, Food and Rural Affairs. These formulae are the basis for
the calculation of the separation requirements. The applicable General Provisions are set out in
Section 4.16 of this By-law.
1.13
METRIC PROVISIONS
SECTION 1 – INTERPRETATION
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
4
The provisions contained in this By-law are in metric units. For convenience purposes only,
imperial units in brackets have been included following the metric units. In no instance should
the imperial units be used to determine any requirement of this By-law.
1.14
STATUTE REFERENCES
Where any Statute or portion of a Statute is referred to in this By-law, such reference shall be
interpreted to refer to such Statute or portion thereof as amended from time to time.
SECTION 1 – INTERPRETATION
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
5
SECTION 2 COMPLIANCE WITH THE BY-LAW
2.1
COMPLIANCE
No land, building or structure shall be used or occupied, and no building or structure shall be
erected or altered, in whole or in part, for any purpose EXCEPT in conformity with the provisions
of this By-law.
2.2
RESTRICTIONS
Notwithstanding any provision in this By-law to the contrary, where a particular use of land,
building or structure is listed as a permitted use in one or more zone classifications, such use of
land, building or structure shall not be a permitted use in any other zone classification(s).
2.3
PUBLIC ACQUISITION
No person shall be deemed to have contravened any provision of this By-law by reason of the fact
that any part or parts of any lot has or have been conveyed to or acquired by any Public
Authority, through expropriation, road widening or other conveyance.
2.4
COMPLIANCE WITH OTHER LAWS
This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a
Federal or Provincial Government Authority having jurisdiction to impose such restrictions.
2.5
CONFLICT WITH OTHER MUNICIPAL BY-LAWS
In the event of a conflict between the provisions of this By-law and any other by-law of the
County, the most restrictive provisions shall apply.
SECTION 2 – COMPLIANCE WITH THE BY-LAW
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
6
SECTION 3 DEFINITIONS
For the purpose of this By-law, the definitions and interpretations given in this section shall
govern.
3.1.
ABATTOIR
Shall mean a building or structure specifically designed to accommodate the penning and
slaughtering of live animals and the preliminary processing of animal carcasses and may include
the packing, treating, storing and sale of the product on site.
3.2
ACCESSORY BUILDING OR STRUCTURE
Shall mean a detached building or structure that is not used for human habitation and the use of
which is customarily incidental and subordinate to the principal use, building or structure and
located on the same lot therewith and shall include, without limiting the generality of the
foregoing, a storage shed, work shop, detached private garage, detached carport and boat house.
Any building or structure which is attached to the main building will not be considered accessory
for the purposes of this By-law.
3.3
ACCESSORY FARM ACCOMMODATION
Shall mean a building that is accessory to a farm operation and used for the accommodation of
transient farm labourers.
3.4
ACCESSORY USE
Shall mean a use customarily incidental and subordinate to, and exclusively devoted to, the
principal use of the lot, building or structure and located on the same lot as such principal use.
3.5
AERODROME
Shall mean any area of land, water (including a frozen water surface), or other supporting surface
used or designed, prepared, equipped, or set apart for use, either in whole or in part, for the arrival
or departure, movement, or servicing of aircraft and includes any buildings, installations and
equipment in connection therewith.
3.6
AGGREGATE PROCESSING PLANT
Shall mean a plant and/or equipment for the crushing, screening or washing of sand and gravel
aggregate materials, but not including a concrete batching plant or an asphalt plant.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.7
7
AGRICULTURAL PROCESSING FACILITY
Shall mean a building or part of a building used for the processing of agricultural produce and
may include facilities for wholesale distribution or an accessory retail commercial outlet for the
sale of such agricultural produce to the general public, such as, but not limited to a cheese factory,
a seed drying operation, silos or elevators for the receiving, processing and storage of grains and
seeds.
3.8
AGRICULTURAL USE
Shall mean the use of land, buildings or structures primarily for the production of food and
products for domestic use and consumption including field crops, orchard products, vineyards,
livestock, poultry production, nurseries, greenhouses, apiaries, mushrooms, aquaculture,
horticulture, silviculture or other farming activities including the growing, raising, packing,
marketing, selling, sorting or storage of locally grown products, the storage or use of on-site generated organic recyclable material for farm purposes and any similar uses customarily carried
on in the field of general agriculture.
3.9
AIRPORT
Shall mean the use of land, buildings or structures facilitating the landing and handling of aircraft
and their passengers and freight and, without limiting the generality of the foregoing, accessory
uses may include ticket offices, restaurants, luggage checking facilities and parcel shipping
facilities.
3.10
3.11
ALTER
i.
Shall mean, when used in reference to a building or structure or part thereof, to change or
construct any one or more of the internal or external dimensions of such building or
structure, or to change the type of construction of the exterior walls or roof thereof.
ii.
Shall mean, when used in reference to a lot, to change the width, depth or area thereof or
to change the width, depth or area of any required yard, setback, landscaped open space
or parking area, or to change the location of any boundary of such lot with respect to a
public highway or laneway, whether such alteration is made by conveyance of any
portion of said lot, or otherwise.
iii.
Shall mean, when used in reference to an excavation on a lot for a pit or quarry, the
establishment, enlargement or change, for purposes of removal of unconsolidated or
consolidated material.
iv.
The words "altered" and "alteration" shall have a corresponding meaning.
ANIMAL POUND
Shall mean the use of any land, building or structure or part thereof, for the temporary shelter of
animals.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.12
8
ANTIQUE SHOP
Shall mean a building, or part of a building where antiques and arts and crafts are offered or kept
for sale at retail and may include refinishing and repair, but does not include any use or
establishment otherwise defined or classified in this By-law.
3.13
ARENA
Shall mean a building, or part of a building, in which the principle facilities provided are for such
recreational activities as curling, skating, hockey, lacrosse, broomball, or similar athletic activity,
and may include concerts, banquets, home shows and product shows, which facilities may include
dressing rooms, concession booths for the provision of food and refreshments to the general
public, bleachers, plant equipment for the making of artificial ice and such other facilities as are
normally considered incidental and subordinate thereto.
3.14
ASSEMBLY HALL
Shall mean a building, or part of a building, in which facilities are provided for such purposes as
meetings for civic, educational, political, religious or social purposes and may include a banquet
hall, private club or fraternal organization.
3.15
ATTIC
Shall mean the portion of a building situated wholly, or in part, within the roof and which is less
than one-half storey in height.
3.16
AUDITORIUM
Shall mean a building, or part of a building, in which facilities are provided for athletic, civic,
educational, political, religious or social purposes and shall include an arena, gymnasium, or
other similar facility or use.
3.17
BARRIER-FREE
Shall mean that a building and its facilities can be approached, entered, and used by persons with
physical or sensory disabilities.
3.18
BASEMENT
Shall mean that portion of a building between two floor levels which is partly below grade but
which has at least one-half of its height, from finished floor to finished ceiling, above finished
grade.
3.19
BASEMENT, WALKOUT
Shall mean that portion of a building which is partly underground, but which has more than fifty
per cent of the finished floor area greater than 1.8 metres (6 feet) below the adjacent finished
grade level and which has a door, at or above the adjacent finished grade, for entrance and exit
directly to the outside.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.20
9
BATCHING PLANT, ASPHALT OR CONCRETE
Shall mean an industrial facility used for the production of asphalt or concrete, or asphalt or
concrete products used in building or construction and includes facilities for the administration or
management of the business, for the stockpiling of bulk materials used in the production process
or of finished products manufactured on site and the storage and maintenance or required
equipment, but does not include the retail sale of finished asphalt or concrete products.
3.21
BED AND BREAKFAST ESTABLISHMENT
Shall mean a single detached dwelling in which the owner and operator occupies the dwelling and
which provides no more than three guest rooms for the temporary accommodation of the traveling
public. A bed and breakfast establishment may offer breakfast to the registered guests. A bed
and breakfast establishment shall not include a boarding or rooming house, a motel, motor hotel,
hotel, tourist inn, group home, a restaurant or any other use otherwise defined or classified herein.
3.22
BOARDING OR ROOMING HOUSE
Shall mean a dwelling in which the proprietor resides and supplies for hire or gain to other
persons, lodging with or without meals. For the purposes of this By-law, a boarding or rooming
house shall not include a motel, motor hotel, hotel, group home, bed and breakfast establishment,
hospital or any other similar commercial or institutional use defined or classified herein. Such a
dwelling shall provide no more than six (6) rooms rented to roomers or boarders.
3.23
BOAT HOUSE, PRIVATE
Shall mean a detached one level accessory building or structure which is designed or used for the
sheltering of a boat, watercraft, and related accessories or other form of water transportation
located on a lot with access and frontage on a water body and must include an opening of an
appropriate size to accommodate a boat and have a means of accessing the water, either by direct
water access or by mechanical means.
3.24
BUILDING
Shall mean a structure having a roof supported by columns or walls or supported directly on the
foundation and used for the shelter or accommodation of persons, animals or goods.
3.25
BUILDING, ATTACHED
Shall mean a building otherwise complete in itself, which depends for structural support or
complete enclosure, upon a division wall or walls shared in common with an adjacent building or
buildings.
3.26
BUILDING LINE
Shall mean a line within a lot drawn parallel to a lot line. The building line establishes the
minimum distance between the lot line and the nearest point of any building or structure which
may be erected.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.27
10
BUILDING LINE, ESTABLISHED
Shall mean, on any street or private right-of-way, the average setback from the street line of the
existing principal buildings on the nearest three lots which have been built upon, on the same side
of the street.
3.28
BUILDING, PRINCIPLE
Shall mean a building or buildings serving the principal or primary use or uses of the lot.
3.29
BUILDING, TEMPORARY
Shall mean a building intended for removal or demolition within a prescribed time as set out in
the building permit.
3.30
BUILDING BY-LAW
Shall mean a by-law passed by the County of Prince Edward under the authority of the Ontario
Building Code Act, R.S.O. l992, and Regulations passed thereunder, as may be amended,
replaced or re-enacted from time to time.
3.31
BUILDING OFFICIAL, CHIEF
Shall mean the officer employed by the County of Prince Edward charged with the duty of
enforcing the provisions of the Ontario Building Code Act, R.S.O. 1992, as amended and
Regulations passed thereunder and the Building By-law, as amended.
3.32
BUILDING PERMIT
Shall mean a building permit issued by the Chief Building Official of the County of Prince
Edward or his designate under the Ontario Building Code Act, R.S.O. 1992 and the Building Bylaw of the County.
3.33
BUILDING SUPPLY OUTLET
Shall mean the use of any land, building or structure or part thereof, in which building or
construction or home improvement materials are offered or kept for sale at retail or wholesale and
may include outdoor storage and the fabrication of certain materials related to home
improvements but does not include any use or activity otherwise defined or classified herein.
3.34
BUSINESS, PROFESSIONAL OR ADMINISTRATIVE OFFICE
Shall mean a building or part of a building in which one or more persons are employed in the
management, direction or conducting of a business or where professionally qualified persons and
their staff serve clients who seek advice, consultation or treatment and for the purposes of this
By-law may include the administrative offices of a non-profit or charitable organization. This
definition does not include a medical or dental clinic.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.35
11
BY-LAW
Shall mean the County of Prince Edward Zoning By-law.
3.36
BY-LAW ENFORCEMENT OFFICER
Shall mean any person or persons appointed by the County by by-law from time to time for
purposes of enforcing by-laws of the County.
3.37
CAMP, SUMMER
Shall mean any land, building or structure used for the purposes of providing sleeping
accommodation, eating facilities and recreational uses, which is not open or operated on a yearround basis and is operated by a non-profit organization for its members or as a public service
and not as a commercial operation.
3.38
CAMPING LOT
Shall mean a part of a trailer camp that is to be occupied on a temporary basis only by a travel
trailer, truck camper, mobile camper trailer, tent trailer, motor home or tent.
3.39
CARPORT
Shall mean a portion of a dwelling which is a roofed enclosure designed for the storage or
parking of a motor vehicle with at least 40 percent of the total perimeter, which shall include the
main wall of the dwelling to which such carport is attached, is open and unobstructed.
3.40
CARTAGE OR TRANSPORT DEPOT
Shall mean a building, structure or place where trucks or tractor trailers are rented, leased, kept
for hire, or stored or parked for remuneration, or from which trucks or transports, stored or parked
on the property, are dispatched for hire as common carriers, and which may include a bonded or
sufferance warehouse.
3.41
CELLAR
Shall mean that portion of a building between two floor levels which has more than one-half of its
height from finished floor to finished ceiling below finished grade.
3.42
CEMETERY
Shall mean land that is set apart or used as a place for the interment of the dead or in which
human bodies have been buried, within the meaning of The Cemeteries Act, R.S.O. 1990, as
amended from time to time and shall include a pioneer cemetery.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.43
12
CERTIFICATE OF OCCUPANCY
Shall mean a certificate issued by the Chief Building Official or designate for the occupancy of
any land, building, excavation or structure to the effect that the proposed use or activity complies
with this By-law.
3.44
CLUB, COMMERCIAL
Shall mean a building or part of a building used for the purposes of an athletic, recreational or
social club operated for gain or profit.
3.45
CLUB, PRIVATE
Shall mean a building or part of a building used for the purposes of a club, society or association
organized and operated on a non-profit basis exclusively for social welfare, civic improvement,
pleasure or recreation or for other similar purposes.
3.46
COMMUNITY CENTRE
Shall mean any tract of land, or building or buildings or any part of any building used for
community activities whether used for commercial purposes or not, the control of which is vested
in the County, a local board or agent thereof.
3.47
CONSERVATION
Conservation shall mean the preservation, protection, or restoration of the components of the
natural environment.
3.48
CONSRUCT
Shall mean to do anything in the erection, installation, extension or material alteration or repair of
a building or structure and includes the installation of a building unit fabricated or moved from
elsewhere.
3.49
CONTRACTOR'S YARD
Shall mean a yard, building and office of a contractor where equipment and materials are stored
or where a contractor performs shop or assembly work but does not include any other use or
activity otherwise defined or classified herein.
3.50
CONVENIENCE STORE
Shall mean a retail commercial establishment supplying groceries and other daily household
conveniences for sale or rental to the immediate surrounding area.
3.51
COUNCIL
Shall mean the Municipal Council of the County of Prince Edward.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.52
13
COUNTY / MUNICIPALITY
Shall mean the Corporation of the County of Prince Edward.
3.53
CRAFT SHOP
Shall mean a building or part of a building where crafts, souvenirs and other similar items are
offered or kept for sale at retail to the general public but shall not include any other establishment
otherwise defined or classified herein.
3.54
CUSTOM WORKSHOP
Shall mean a building or part of a building used by a trade, craft or guild for the manufacture in
small quantities of made-to-measure clothing or articles including the sale of such products at
retail, and, for the purpose of this By-law may include but shall not be limited to glass blowing,
sewing, weaving, spinning, furniture making, upholstering or woodworking.
3.55
DAY NURSERY
Shall mean a day nursery operated within the meaning of The Day Nurseries Act, R.S.O., 1990,
as amended and licensed and regulated under the Day Nurseries Act.
3.56
DEVELOPMENT
Shall mean the construction, erection or placing 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 increasing
the size or usability of such buildings or structures.
3.57
DRY CLEANING DISTRIBUTION STATION
Shall mean a building or part of a building used only for the purpose of collection and distribution
of articles or goods of fabric to be subjected to the process of dry cleaning, dry dyeing, cleaning,
and spotting and stain removing, or the pressing of any such articles or goods which have been
subjected to any such process elsewhere at a dry cleaning establishment.
3.58
DRY CLEANING ESTABLISHMENT
Shall mean a building or part of a building in which the business of dry cleaning, dry dyeing,
cleaning, stain removal or pressing of articles or goods of fabric is undertaken.
3.59
DWELLING, APARTMENT
Shall mean a building or part thereof consisting of three or more dwelling units each of which has
an independent entrance either directly from the outside or through a common vestibule, but shall
not include any other dwelling otherwise defined or classified herein.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.60
14
DWELLING, CONVERTED
Shall mean a building originally constructed as a single detached dwelling which has been
subsequently altered or converted so as to provide additional dwelling units, in accordance with
the provisions of this By-law, as amended and any additional by-laws which may apply.
3.61
DWELLING, DUPLEX
Shall mean a building that is divided horizontally into two (2) separate dwelling units each of
which has an independent entrance either directly from the outside or through a common
vestibule.
3.62
DWELLING, MOBILE HOME
Shall mean a transportable, factory built dwelling designed to be used as a year-round residential
dwelling and has been manufactured to comply with the Canadian Standards Association (CSA)
Standard No. Z240, as amended or replaced from time to time, but does not include a modular
home dwelling, a park model trailer, a motor home, a mobile camper trailer, a truck camper or
any other dwelling defined in this by-law. For the purposes of this By-law a single section
factory manufactured home shall be deemed to be a "mobile home dwelling”.
3.63
DWELLING, MODULAR HOME
Shall mean a single detached dwelling that is constructed by assembling, on a permanent
foundation, at least two factory manufactured modular units each of which comprises at least one
room or living area and has been manufactured in a Canadian Standards Association (CSA) A277
certified factory. For the purposes of this By-law a modular home dwelling shall be considered
as a single detached dwelling.
3.64
DWELLING, SEMI-DETACHED
Shall mean a building that is divided vertically by a party wall into two (2) dwelling units, each of
which has an independent entrance either directly from the outside or through a common
vestibule.
3.65
DWELLING, SINGLE DETACHED
Shall mean a building containing one dwelling unit and, for the purpose of this By-law, may
include a modular home dwelling as defined herein, but does not include any other dwelling or
dwelling unit otherwise defined or classified in this By-law.
3.66
DWELLING, TOWNHOUSE
Shall mean a group of at least three attached separate dwelling units, each of which has an
independent entrance from the outside.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.67
15
DWELLING UNIT
Shall mean one or more habitable rooms, occupied or capable of being occupied as a single
housekeeping unit only, in which sanitary conveniences are provided, in which only one kitchen
facility is provided for cooking, in which a heating system is provided, and which has a private
entrance from outside the building or from a common hallway or stairway inside. For the
purposes of this By-law, a dwelling unit does not include a tent, trailer, mobile home, or a room
or suite of rooms in a boarding or rooming house, a hotel, motel, motor hotel or bed and breakfast
establishment.
3.68
DWELLING UNIT AREA
Shall mean the habitable area contained within the inside walls of a dwelling unit, excluding any
private garage, carport, porch, veranda, unfinished attic, cellar or sunroom (unless such sunroom
is habitable in all seasons of the year); and excluding public or common halls or areas, stairways
and the thickness of outside walls.
3.69
DWELLING UNIT, BACHELOR
Shall mean a dwelling unit consisting of one bathroom, and not more than two habitable rooms
providing therein living, dining, sleeping and kitchen accommodation in appropriate individual or
combination room or rooms.
3.70
EAVE
Shall mean a roof overhang, free of enclosing walls, without supporting columns.
3.71
EQUESTRIAN CENTRE
Shall mean the use of land, buildings or structures for the boarding of horses, training of horses
and riders, and staging of equestrian events, but does not include the racing of horses.
3.72
EQUIPMENT SALES AND RENTAL, LIGHT
Shall mean a building 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.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.73
16
EQUIPMENT SALES AND RENTAL, HEAVY
Shall mean a building or part of a building or structure in which heavy machinery and equipment
such as construction equipment or trailers are offered or kept for rent, lease or hire under
agreement for compensation and for the purposes of this By-law may include light equipment
sales and rental but shall not include any other establishment defined or classified in this By-law.
3.74
ERECT
Shall include setting up, building, altering, constructing, reconstructing and relocating and,
without limiting the generality of the foregoing, also includes:
i. any preliminary physical operation, such as excavating, filling or grading, including drainage
works;
ii. altering any existing building or structure by an addition, enlargement, extension, relocation or
other structural change;
iii. any work for which a building permit is required.
3.75
ESCARPMENTS & OTHER HAZARDOUS SLOPES
As defined in Part III, Section 1.7 and identified in Schedule ‘B’ in the County Official Plan.
3.76
EXISTING
Shall mean in existence on the date of passing of this By-law.
3.77
FARM
Shall mean any farming or agricultural use and including but not limited to apiaries; aviaries;
berry or bush crops; breeding, raising of cattle, sheep goats or swine; commercial greenhouses;
hatching, raising and marketing of chickens, turkeys or other fowl or game birds, fish hatchery;
lands used for grazing, field crops; growing, raising, picking, treating and storing of vegetable or
fruit produce grown on the lands; mushroom farms; nurseries; sod farms; orchards; tree crops;
market gardening; wood lots inclusive of a maple sugar bush; and such other uses or enterprises
as are customarily carried on in the field of general agriculture. "Farm" shall include buildings
and structures, such as barns and silos, which are incidental to the operation of the farm.
3.78
FARM MACHINERY SALES AND SERVICE ESTABLISHMENT
Shall mean a building, structure or area where farm machinery and farm supplies are kept for sale
at retail and may include facilities for the servicing of such machinery but shall not include any
other establishment otherwise defined or classified herein.
3.79
FARM PRODUCE OUTLET
Shall mean a building or structure, or part of a building or structure, in which products grown or
raised on the farm, are offered for sale.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.80
17
FILL
Shall mean earth, sand, gravel, rubble or any other material whether similar or different from any
of the aforementioned materials and whether originating on the site or elsewhere, used or capable
of being used to raise or in any way affect the contours of the ground.
3.81
FILL LINE / REGULATED AREA
Any area prone to a naturally occurring hazard (i.e. lands prone to flooding during the regulatory
1:100 year storm, areas which may be damaged by wave uprush or ice piling, dynamic beaches,
unstable slopes or unstable bedrock, organic soils, or any other area prone to a natural hazard) and
the lands adjacent to the hazardous area; as well as watercourses, waterbodies and wetlands
within Prince Edward County. These areas are regulated by Prince Edward Region Conservation
Authority (Quinte Conservation) under the auspice of Ontario Regulation #173/06 (Prince
Edward Region Conservation Authority: Regulation of Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses).
3.82
FLOOR AREA, COMMERCIAL, GROSS
Shall mean the total floor area, as hereinafter defined, exclusive of any portion of the building or
structure below finished grade which is used for heating, the storage of goods or personal effects,
laundry facilities, recreational areas, the storage or parking of motor vehicles or quarters used by
the caretaker, watchman or other supervisor of the building or structures.
3.83
FLOOR AREA, RESIDENTIAL, GROSS
Shall mean the total floor area, as hereinafter defined, exclusive of any private garage, carport,
basement, walkout basement, cellar, porch, verandah or sunroom unless such sunroom is
habitable during all seasons of the year.
3.84
FLOOR AREA, GROUND
Shall mean the total ground floor area of a building measured between the exterior faces of the
exterior walls exclusive of any parking areas within the building and in the case of a dwelling
exclusive of any basement or cellar or any private garage, carport, porch, verandah or sunroom,
unless such sunroom is habitable at all seasons of the year.
3.85
FLOOR AREA, TOTAL
Shall mean the aggregate of the horizontal areas of each floor, whether such floor is above or
below grade, measured between the exterior faces of the exterior walls of the building or structure
at the level of each floor.
3.86
FOOD STORE
Shall mean a building or part of a building wherein food and other household items are kept for
sale at retail to the general public and which operates on a self-service, cash and carry basis.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.87
18
FORESTRY
Shall mean the management and cultivation of timber resources to ensure the continuous
production of wood or wood products, provision of proper environmental conditions for wildlife,
protection against floods and erosion, protection of water supplies, and preservation of the
recreation resource and shall include reforestation areas owned or managed by the Ministry of
Natural Resources or local Conservation Authority or under a plan approved by a Registered
Professional Forester. Forestry shall not include milling or wood processing operations.
3.88
FUNERAL HOME
Shall mean a building or part thereof designed for the purpose of furnishing funeral supplies and
services to the public and includes facilities for the preparation of a dead human body for
interment or cremation, but does not include a crematorium.
3.89
FUEL STORAGE DEPOT
Shall mean an establishment primarily engaged in the bulk storage and distribution of petroleum,
gasoline, fuel oil, gas or other similar products in fuel storage tanks.
3.90
GARAGE, PRIVATE
Shall mean a detached accessory building or a portion of a dwelling which is designed or used for
the sheltering of a private motor vehicle and storage of household equipment incidental to the
residential occupancy of the lot and which is roofed and fully enclosed by walls. For the
purposes of this By-law a private garage excludes a carport or other open shelter.
3.91
GARDEN AND NURSERY SALES AND SUPPLY ESTABLISHMENT
Shall mean a building or part of a building and land adjacent thereto for growing or displaying of
flowers, fruits, vegetables, plants, shrubs, trees, or similar vegetation which is sold to the public at
retail and shall also include the sale of such goods, products and equipment as are normally
associated with gardening or landscaping.
3.92
GOLF DRIVING RANGE
Shall mean a public or private area operated for the purpose of developing golf techniques,
including a miniature golf course, but excluding a golf course.
3.93
GOLF COURSE
Shall mean a public or private area operated for the purpose of playing golf, inclusive of club
house facilities, accessory driving ranges or putting greens, but does not include any other uses
defined herein.
3.94
GOLF COURSE, MINIATURE
Shall mean an area designed for the purpose of a novelty golf game played with a putter on a
miniature golf course having tunnels, bridges, sharp corners or other similar obstacles.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.95
19
GRADE, FINISHED
Shall mean the average elevation of the finished surface of the ground adjacent to a building or
structure.
3.96
GREENHOUSE, COMMERCIAL
Shall mean a building or structure for the growing of flowers, fruits, vegetables, plants, shrubs,
trees and similar vegetation, which are not necessarily planted outdoors on the same lot
containing such greenhouse, and which are sold directly from such lot at wholesale or retail.
3.97
GROUP HOME
Shall mean a residence that is licensed or funded under an Act of the Parliament of Canada or an
Act of the Province of Ontario, for the accommodation of three to ten persons, exclusive of staff,
living under supervision in a single housekeeping unit, and who, by reason of their emotional,
mental, social or physical condition or legal status, require a group living arrangement for their
well being. For the purposes of this definition, staff includes all those individuals providing
supervision or assistance to those residing in the home.
3.98
GUEST
Shall mean a person, other than a boarder, who contracts for accommodation and includes all the
members of the person's party.
3.99
GUEST ROOM
Shall mean a room or suite of rooms used or maintained for the accommodation of individuals to
whom hospitality is extended for compensation.
3.100
HABITABLE ROOM
Shall mean a room designed for living, sleeping, eating or food preparation, including but not
limited to, a den, library, sewing-room or enclosed sunroom.
3.101
HEAVY TRUCK
Shall mean a commercial vehicle having a net weight of three thousand Kilograms (3,000 kg) or
more, but does not include the following:
i.
any vehicle of a police or fire department;
ii.
any vehicle operated on behalf of the Corporation;
iii.
any vehicle operated on behalf of the Public Utilities Commission;
iv.
an ambulance;
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.102
v.
any vehicle operated on behalf of a telephone, natural gas or hydro electric services
company;
vi.
any passenger vehicle;
vii.
any school bus or transit bus which is in the course of transporting people; and,
viii.
any recreational vehicle or other facility designed exclusively to provide camping
accommodations.
20
HEIGHT, OF WINDMILL
Shall mean the vertical distance measured between the lowest grade elevation at the base of the
tower and the highest point of the tower, exclusive of blade length.
3.103
HEIGHT AND BUILDING HEIGHT, OTHER THAN WINDMILL
Shall mean the vertical distance measured between the finished grade at the front of the building,
and:
3.104
i.
in the case of a flat roof, the highest point of the roof surface or the parapet, whichever is
the greater;
ii.
in the case of a mansard roof, the deck line; and
iii.
in the case of a gable, hip or gambrel roof, the mean height between the eaves and ridge,
exclusive of any accessory roof construction such as a chimney, tower, steeple, television
antenna, mechanical penthouse or elevator shaft.
HIGHWAY
Shall mean a highway as defined in the Municipal Act R.S.O. 2001, as amended from time to
time.
3.105
HOME BUSINESS OR HOME BUSINESS, RURAL
Shall mean an accessory use of a dwelling unit, and, where expressly permitted by this By-law,
any accessory buildings to conduct a business activity, subject to the provisions of Sections 4.11
and 4.12 of this By-law.
3.106
HOTEL
Shall mean an establishment that consists of one or more than one building containing three or
more rental units, accessible from the interior, which cater to the needs of the traveling public by
furnishing sleeping accommodation with or without facilities for serving meals but does not
include any other use or activity defined herein or an adult entertainment parlour as defined in
Section 222 of the Municipal Act, R.S.O. 1990, as amended.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.107
21
KENNEL
Shall mean a building or structure used for the breeding, raising, sheltering and/or boarding of
more than three dogs or cats.
3.108
LANDSCAPED OPEN SPACE
Shall mean the open unobstructed space from ground to sky at finished grade which is on a lot
accessible by walking from the street on which the lot is located and which is suitable for the
growth and maintenance of grass, flowers, bushes and other landscaping and includes any natural
existing vegetation, surfaced walk, patio or similar area but does not include any driveway or
ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath
or within any building or structure.
3.109
LAUNDROMAT
Shall mean a building or structure where the services of coin-operated laundry machines, using
only water, detergents and additives, are made available to the public for the purpose of laundry
cleaning.
3.110
LIBRARY
Shall mean a public library within the meaning of The Public Libraries Act, R.S.O., 1990, as
amended.
3.111
LIVESTOCK
Shall mean farm animals kept for use, for propagation, or for intended profit or gain and without
limiting the generality of the foregoing includes dairy and beef cattle, horses, swine, sheep, laying
hens, chicken and turkey broilers, turkeys, goats geese, mink and rabbits.
3.112
LIVESTOCK FACILITIES
Shall mean barns, buildings and structures where animals are housed or capable of being housed
and shall also include beef feedlots and the associated manure storage facilities.
3.113
LIVESTOCK HOUSING CAPACITY
Shall mean the total maximum number of livestock that can be accommodated in a livestock
facility at any one time.
3.114
LIVESTOCK UNIT
Shall mean the equivalent values for various types of animals and poultry based upon manure
production and population cycles, as defined by Provincial regulation.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.115
22
LOADING SPACE
Shall mean an off-street space on the same lot as the building or contiguous to a group of
buildings for the temporary parking of a commercial vehicle, while loading or unloading
merchandise or materials, which space abuts a street, lane, road, highway or other appropriate
means of access.
3.116
3.117
LOT
i.
Shall mean a parcel of land under distinct and separate ownership from abutting lands;
and either
(a)
described in a deed or other legal document which is legally capable of
conveying title to such land; or
(b)
described as a lot or block on a registered Plan of Subdivision; or
(c)
created by the consent provisions, s 53 of Planning Act RSO 1990, c.P.13 as
amended, regardless of whether the parcel is severed or retained.
ii.
Notwithstanding the provisions of subsection (i.) above, a “lot” created by a scheme or
method intended to avoid the consent and subdivision requirements of the Planning Act
R.S.O. 1990, c.P. 13 as amended (including, without limiting the generality of the
foregoing, a “checkerboarding” scheme of “lots” created by reference deposit plans or
registrar’s deposit plans) or any predecessor or successor thereof, shall not be recognized
as a lot for the purposes of this By-law.
LOT AREA
Shall mean the total horizontal area bounded by the lot lines of a lot, excluding the horizontal area
of such lot covered by water or marsh.
3.118
LOT, CORNER
Shall mean a lot having continuous street frontage along two or more streets.
3.119
LOT COVERAGE
Shall mean the percentage of the lot area covered by buildings or structures but excluding
uncovered parking areas, driveways and walkways.
3.120
LOT DEPTH
Shall mean the horizontal distance between the front and rear lot lines. If the front and rear lot
lines are not parallel, "lot depth" shall mean the length of a straight line joining the middle of the
front lot line with the middle of the rear lot line. When there is no rear lot line, "lot depth" shall
mean the length of a straight line joining the middle of the front lot line with the apex of the
triangle formed by the side lot lines.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.121
23
LOT FRONTAGE
Shall mean the horizontal distance between the side lot lines measured along the front lot lines.
Where the front lot line is not a straight line or where the side lot lines are not parallel, the lot
frontage is to be measured by a line parallel to the chord of the lot frontage and a distance from
the front lot line equal to the required depth of the front yard. For the purposes of this By-law the
chord of the lot frontage is a straight line joining the two points where the side lot line intersects
the front lot line.
3.122
LOT, INTERIOR
Shall mean a lot other than a corner lot.
3.123
LOT LINE
Shall mean any boundary of a lot.
3.124
LOT LINE, FRONT
Shall mean:
3.125
i.
The lot line that divides the lot from the improved public street.
ii.
In the case of a corner lot, the shorter lot line abutting a street or private right-of way
shall be deemed the front lot line and the longer lot line abutting a street or private rightof-way shall be deemed an exterior side lot line.
iii.
In the case of a through lot, the lot line abutting an improved public street shall be
deemed to be the front lot line
iv.
In the case of a through lot abutting two improved public streets, the lot line where the
principal access to the lot is provided shall be deemed to be the front lot line.
v.
Where a lot abuts a private right-of-way, and does not abut an improved public street or
navigable waterway, the lot line abutting the private right-of-way shall be deemed to be
the front lot line.
vi.
Where a lot abuts a navigable waterway and a street or private right-of-way, the lot line
abutting the street or private right-of-way shall be deemed to be the front lot line.
vii.
Where a lot abuts a navigable waterway, and does not abut a street or private right-ofway, the shoreline abutting the navigable waterway and measured at the high water mark,
shall be deemed to be the front lot line.
LOT LINE, REAR
Shall mean the lot line farthest from and opposite to the front lot line.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.126
24
LOT LINE, SIDE
Shall mean a lot line other than a front or rear lot line.
3.127
LOT, THROUGH
Shall mean a lot bounded on two opposite sides by improved public streets or on one side by an
improved public street and on the opposite by a waterbody.
3.128
MANUFACTURING, LIGHT
Shall mean a plant which is wholly enclosed and where the process of producing a product
exhibits reasonably high performance standards and whose operations are not considered
offensive because of heat, smoke, odour, gases, noise or dust.
3.129
MANUFACTURING, PROCESSING, ASSEMBLING OR FABRICATING PLANT
Shall mean a plant in which the process of producing any product, by hand or mechanical power
and machinery, is carried on systematically with division of labour.
3.130
MANURE STORAGE FACILITY
Shall mean a steel, concrete or other containment system, with or without a roof or covering
enclosing the surface area of the container, used for the storage of livestock manure, as defined by
Provincial regulation.
3.131
MARINA
Shall mean a building, structure or place, including docking facilities located on a waterbody,
where boats and boat accessories are kept, stored, serviced, repaired or kept for sale and where
facilities for the sale of marine fuels and lubricants may be provided and for the purposes of this
By-law may include facilities for the operation of boat charters.
3.132
MARINE FACILITY
Marine facility shall mean an accessory building or structure which is used to place a boat into or
take a boat out of a waterbody; or to moor, to berth or to store a boat. This definition may include
a boat launching ramp, boat lift, dock, or boathouse, but shall not include any building used for
human habitation or any boat service repair or sales facility.
3.133
MARINE SALES AND SERVICE ESTABLISHMENT
Shall mean a building or part of a building and associated lands where new and used boats, boat
accessories and water craft are displayed for sale at retail or for rental, and where marine
equipment is serviced or repaired and may include boat storage facilities.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.134
25
MEDICAL OR DENTAL CLINIC
Shall mean a building or part of a building where members of the medical profession, dentists,
chiropractors, osteopaths, optometrists, physicians, physiotherapists or occupational therapists,
either singularly or in union, provide diagnosis and treatment to the general public without
overnight accommodation and shall include such uses as reception areas, offices for consultation,
X-ray and minor operating rooms, a dialysis unit, a pharmaceutical dispensary and a coffee shop
and shall not include any other use or activity otherwise defined or classified in this By-law.
3.135
MOBILE HOME SITE
Shall mean a parcel of land for the placement of a mobile home dwelling in a mobile home park
and for the exclusive use of its occupants.
3.136
MOBILE HOME PARK
Shall mean land which has been provided and designed for the location thereon of two (2) or
more occupied mobile dwelling homes.
3.137
MOTEL
Shall mean a tourist establishment which consists of one or more than one building containing
three or more attached accommodation units, accessible from either the interior or exterior, which
cater to the needs of the traveling public by furnishing sleeping accommodation with or without
facilities for the serving of meals.
3.138
MOTOR HOME
Shall mean any motor vehicle designed and constructed to be used as a self-contained, selfpropelled unit, capable of being utilized for the temporary living, sleeping or eating
accommodation of persons for recreational purposes.
3.139
MOTOR VEHICLE
Shall mean a motor vehicle within the meaning of The Highway Traffic Act, R.S.O. 1990, as
amended.
3.140
MOTOR VEHICLE, BODY SHOP
Shall mean a building or structure used for the painting or repairing of motor vehicle bodies,
exterior, or undercarriage, and in conjunction with which there may be a towing service and
motor vehicle rentals for customers while the motor vehicle is under repair, but shall not include
any other use or activity otherwise defined or classified in this By-law.
3.141
MOTOR VEHICLE, COMMERCIAL
Shall mean a commercial motor vehicle within the meaning of The Highway Traffic Act, R.S.O.
1990, as amended.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.142
26
MOTOR VEHICLE, DERELICT
Shall mean a motor vehicle within the meaning of the Highway Traffic Act, R.S.O., 1990, as
amended, whether or not same is intended for use as a private passenger motor vehicle or not,
which is inoperable and has no market value as a means of transportation or has a market value
that is less than the cost of repairs required to render the said motor vehicle operable.
3.143
MOTOR VEHICLE DEALERSHIP
Shall mean a building or structure where a dealer displays new motor vehicles for sale or lease or
where used motor vehicles are kept for sale in conjunction with which there may be a motor
vehicle repair garage, a motor vehicle service station or a motor vehicle body shop, but shall not
include any other use or activity otherwise defined or classified in the By-law.
3.144
MOTOR VEHICLE FUEL BAR
Shall mean one or more pump islands, each consisting of one or more motor vehicle fuel pumps,
and a shelter and may include a canopy and may include facilities for the refilling of propane
tanks and may include the sale of automotive accessories, antifreeze and additives, but shall not
include any other use or activity otherwise defined or classified in this By-law.
3.145
MOTOR VEHICLE REPAIR GARAGE
Shall mean a building or structure where the services performed or executed on motor vehicles
for compensation shall include the installation of exhaust systems, repair of the electrical systems,
transmission repair, brake repair, radiator repair, tire repair and installation, rust proofing, motor
vehicle diagnostic centre, major and minor mechanical repairs or similar use and in conjunction
with which there may be a towing service, a motor vehicle service station and motor vehicle
rentals for the convenience of the customer while the motor vehicle is being repaired, but shall
not include a salvage yard or any other use or activity otherwise defined or classified in this Bylaw.
3.146
MOTOR VEHICLE SALES LOT
Shall mean a lot used for the display of new or used motor vehicles for retail sale or lease to the
public but such use shall not include the sale of gasoline or other fuels.
3.147
MOTOR VEHICLE SERVICE STATION
Shall mean a building or structure where gasoline, propane, oil, grease, antifreeze, tires, tubes,
tire accessories, electric light bulbs, spark plugs, batteries and automotive accessories for motor
vehicles, or similar automotive products are stored or kept for sale to the general public, or where
motor vehicles may be oiled, greased or washed, or have their ignition adjusted, tires inflated or
batteries charged, or where only minor mechanical or running repairs essential to the actual
operation of motor vehicles are executed or performed and may include facilities for the refilling
of propane tanks.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.148
27
MOTOR VEHICLE WASHING ESTABLISHMENT
Shall mean a building or structure containing facilities for washing motor vehicles by production
line methods which may include a conveyor system or similar mechanical devices. This
definition may also include a self-service car wash.
3.149
MOTOR VEHICLE WRECKING YARD
See Salvage Yard.
3.150
MUNICIPAL, PROVINCIAL MAINTENANCE DEPOT/WORKS YARD
Shall mean any land, building or structure owned by the County of Prince Edward or the Province
of Ontario used for the storage, maintenance or repair of equipment, machinery, materials or
motor vehicles used in connection with civic works and shall include a public works yard.
3.151
NON-COMPLYING
Shall mean any lot, building, structure, pit or quarry that does not meet the requirements of this
By-law other than the provisions of the By-law pertaining to permitted uses.
3.152
NON-CONFORMING
Shall mean the use of any lot, building or structure which is not permitted by the zone in which
the land, building or structure is located.
3.153
NON-RESIDENTIAL
When used to describe a use, building or structure, shall mean designed, intended or used for
purposes other than those of a dwelling.
3.154
NURSING HOME
Shall mean any building maintained and operated for persons requiring nursing care, which is
licensed under The Nursing Homes Act, R.S.O., 1990, as amended, replaced or re-enacted from
time to time.
3.155 OUTDOOR FURNACE / HEATING APPLIANCE
Shall mean a device or appliance, primarily designed for outdoor use to convert solid fuel into
energy and includes all components, controls, wiring and piping required to be part of the
device or appliance and shall be installed in conformance with any applicable standard or code.
For the purpose of this section solid fuel shall be defined as any recognized energy source
including wood, coal, peat, grain, coke or any manufactured product so approved for said
appliance, but does not include garbage / waste of any kind.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.156
28
OUTSIDE OR OPEN STORAGE
Shall mean the storage of goods in the open air and/or in covered portions of buildings which are
open to the air on the sides.
3.157
PARK, PRIVATE
Shall mean any open space or recreational area other than a public park which is owned, operated
and maintained on a commercial or private member basis and which may include therein one or
more of the following facilities and activities: swimming, wading, boat docking facilities and
picnic areas.
3.158
PARK, PUBLIC
Shall mean any open space or recreational area, owned or controlled by the Corporation or by any
Board, Commission or other Authority established under any statute of the Province of Ontario
and may include neighbourhood, community, regional and special parks or areas. The park may
include one or more athletic fields, field houses, community centres, bleachers, swimming pools,
greenhouses, botanical gardens, zoological gardens, bandstands, skating rinks, tennis courts,
bowling greens, boat liveries, bathing stations, camping areas, curling rinks, refreshment rooms,
fair grounds, arenas, golf courses or similar uses. Uses may also include a farmers= market as
approved by the County, and storm water management facilities.
3.159
PARKING ANGLE
Shall mean the angle which is equal to or less than a right angle, formed by the intersection of the
side of the parking space and a line parallel to the aisle.
3.160
PARKING AREA
Shall mean an area provided for the parking of motor vehicles and may include aisles, parking
spaces, pedestrian walkways, and related ingress and egress lanes, but shall not include any part
of a public street.
3.161
PARKING LOT
Shall mean any commercial or public parking area other than a parking area accessory to a
permitted use.
3.162
PARKING SPACE
Shall mean an area, exclusive of any aisles, ingress or egress lanes, for the parking or storage of
motor vehicles and may include a private garage.
3.163
PERMITTED
Shall mean a use permitted by this By-law.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.164
29
PERSON
Shall mean any human being, association, firm, partnership, incorporated company, corporation,
agent or trustee and the heirs, executors or other legal representatives of a person to whom the
context can apply according to law.
3.165 PIT
Shall mean land or land under water from which unconsolidated aggregate is being or has been
excavated and that has not been finally rehabilitated but does not mean land or land underwater
excavated for a building or structure on the excavation site or in relation to which an order has
been made under Section 1(3) of the Aggregate Resources Act as amended from time to time.
3.166
PIT, WAYSIDE
Shall mean a temporary pit opened and used by a public authority, or their agents, for the purpose
of road construction or an associated road project or contract and which is not located on the road
right-of-way.
3.167
PLACE OF ENTERTAINMENT
Shall mean a motion picture or other theatre, auditorium, public hall, billiard hall, bowling alley,
ice or roller skating rink, dance hall or music hall, but for the purposes of this By-law does not
include any other use or activity otherwise defined or classified in this By-law or an adult
entertainment parlour as defined in the Municipal Act, R.S.O., 1990, as amended from time to
time.
3.168
PLACE OF WORSHIP
Shall mean a building dedicated to religious worship and includes a church, synagogue or
assembly hall and may include such accessory uses as a nursery school or a school of religious
education
3.169
POWER GENERATION FACILITY
Shall mean a building or structure or part thereof where electricity is generated.
3.170
PROCESSING PLANT - AGGREGATE
Shall mean a building or structure and/or equipment for the crushing, screening or washing of
sand and gravel aggregate materials, and includes a concrete batching plant or an asphalt plant.
3.171
PRINTING ESTABLISHMENT
Shall mean a building or part of a building used for printing regardless of the method, the
publishing of newspapers, periodicals, books, documents, maps and similar items, the
reproduction and duplication of printed material as a copying service to businesses or the public
and includes the sale and servicing of printing and duplicating equipment and supplies.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.172
30
PRIVATE HOME DAY CARE
Shall mean the temporary care for reward or compensation of five children or less who
are under ten years of age where such care is provided in a private residence, other than
the home of a parent or guardian of any such child, for a continuous period not exceeding
twenty-four hours.
3.173 PROVINCIAL HIGHWAY
Shall mean a street under the jurisdiction of the Ministry of Transportation.
3.174
PUBLIC AUTHORITY
Shall mean the Corporation of the County of Prince Edward and any Federal, Provincial or
Municipal agencies, and includes any commission, board, authority or department established by
such agency.
3.175
PUBLIC USE
Shall mean a building, structure or land used for the provision of services by the County, any
Authority, Board, Commission, Department, Ministry or Crown Corporation established under
any statute of Ontario or Canada, any telephone or telegraph company, any public utility
corporation, or any railway company authorized under The Railway Act.
3.176 PUMP HOUSE
Shall mean a detached accessory structure, used for the sheltering of a water pump.
3.177 QUARRY
Shall mean land or land under water from which consolidated aggregate is being or has been
excavated, and that has not been finally rehabilitated, but does not mean land or land under water
excavated for a building or structure on the excavation site or in relation to which an order has
been made under Section 1(3) of the Aggregate Resources Act as amended from time to time.
3.178
QUARRY, WAYSIDE
Shall mean a temporary quarry opened and used by a public authority, or their agents, for the
purpose of road construction or an associated road project or contract and which is not located on
the road right-of-way.
3.179
RECREATIONAL VEHICLE
Shall mean any vehicle so constructed that it is no wider than 2.5 metres (8.2 feet) and is suitable
for being attached to a motor vehicle for the purposes of being drawn or is self-propelled, and is
capable of being used on a short-term recreational basis for living, sleeping or eating
accommodation of persons and includes a motor home, travel trailer, tent trailer or camper.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.180
31
RECREATIONAL VEHICLE SALES AND SERVICE ESTABLISHMENT
Shall mean a building or part of a building and associated lands where new or used recreational
vehicles and accessories are displayed for sale at retail or for rental, and where recreational
vehicles are serviced or repaired and may include storage facilities.
3.181
RECYCLING DEPOT
Shall mean a building or part of a building in which used material is separated and processed
prior to shipment to others who will use those materials to manufacture new products.
3.182
REGULATORY FLOOD ELEVATION / FLOOD PLAIN
Shall mean the area adjoining a lake, river, stream, wetland or watercourse which is susceptible to
flooding during the regulatory flood event standard of the Conservation Authority.
3.183
RESORT ESTABLISHMENT
Shall mean a establishment that operates throughout all or part of the year, that has facilities for
serving meals including indoor/outdoor dining facilities and may include overnight
accommodation in guest rooms or suites and may include facilities such as conference facilities
and meeting rooms and swimming pools, saunas, spas, tennis courts and other similar recreational
activities, but shall not include a golf course unless such use is specifically permitted in the
applicable zone.
3.184
RESTAURANT
Shall mean a building where food and beverages are offered for sale to the public for
consumption at tables or counters primarily inside the building on the lot and shall include a tea
room, cafe and ice cream parlour. As an accessory use a take-out service of food and beverages
for off-site consumption may be provided, as may an outdoor patio or eating area, but does not
include any other restaurant type defined herein.
3.185
RESTAURANT, DRIVE THRU
Shall mean a building in which the design of the physical facilities, the serving or packaging
procedures permit or encourage the purchase of prepared, ready-to-eat foods from a motor
vehicle, but shall not include any other restaurant type defined herein.
3.186
RESTAURANT, MOBILE
Shall mean a vehicle, trailer or cart that is not placed on a permanent foundation, which is
equipped for cartage, storage and the preparation of food stuffs, beverages, confections, and such
items are offered directly for consumption to the general public, and includes a chip wagon, a
mobile canteen and other refreshment vehicles, licensed by the County, but shall not include any
other restaurant type defined herein.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.187
32
RETAIL COMMERCIAL ESTABLISHMENT
Shall mean a building, or part of a building, in which goods, wares, merchandise, substances,
articles or services are offered or kept for sale at retail or on a rental basis.
3.188
RETIREMENT HOME
Shall mean any multiple dwelling containing accommodation to be available only to persons who
are at least 55 years of age and containing separate dwelling units or rooms and common dining,
living and recreation areas. The common areas shall be available to all residents of the retirement
home on a daily basis. The dining area shall not function as a public dining facility or restaurant.
The accommodation shall be used as the principal residence of the occupants and shall not be
provided on a transient basis. For the purpose of this By-law, a retirement home shall exclude a
boarding or lodging house or a hotel.
3.189
ROAD OR RIGHT-OF-WAY, PRIVATE
Shall mean a road or right-of-way which affords access to abutting lots but is not available for use
by the general public, is privately owned and maintained, and does not include a street, road or
highway as herein defined.
3.190
SALVAGE YARD
Shall mean an establishment where goods, wares, merchandise, articles or things are processed
for further use and where such goods, wares, merchandise, articles or things are stored wholly or
partly in the open and includes a junk yard, a scrap metal yard and a motor vehicle wrecking yard.
For the purposes of this By-law a motor vehicle wrecking yard shall mean an establishment at
which used motor vehicle parts are stored outside and/or within a building or structure, and may
include a motor vehicle repair garage, motor vehicle service station, a motor vehicle body shop or
a motor vehicle sales lot.
3.191
SANCTUARY, ANIMAL
Shall mean land, a building or structure or part thereof that serves as a place of refuge or
protection for lost, abandoned or neglected animals.
3.192
SCHOOL, PUBLIC
Shall mean a school under the jurisdiction of a Board as defined by the Ministry of Education.
3.193
SCHOOL, PRIVATE
Shall mean a school other than a public school or a commercial school as otherwise defined or
classified in this By-law.
3.194
SENIOR CITIZENS' HOUSING COMPLEX
Shall mean any multiple dwelling for senior citizens, containing separate dwelling units or rooms
with a common dining area, sponsored and administered by any public agency or service club,
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
33
church or non-profit organization, which obtains its financing from Federal, Provincial or
Municipal Governments or agencies, or by public subscription or donation, or by a combination
thereof, and such homes may include auxiliary uses such as club or lounge facilities usually
associated with a senior citizens' development.
3.195 SEPTIC SYSTEM
Shall mean septic system as defined in the Ontario Building Code Act, R.S.O. 1992 and
Regulations.
3.196
SERVICE SHOP, MERCHANDISE
Shall mean a building or part of a building where articles or goods such as appliances, furniture or
similar items may be repaired, serviced and sold.
3.197
SERVICE SHOP, PERSONAL
Shall mean a building or part of a building in which services such as barbering, hairdressing,
therapeutic massage, manicures and tanning are provided.
3.198
SETBACK
Shall mean the horizontal distance from the nearest wall of any building or structure, or open
storage use, or excavation, to the lot line, street line, high water mark, or zone boundary, or the
edge of the fill area or treatment facility or to another line, whichever is designated in the phrase
in which the term “setback” is used.
3.199
SEWAGE TREATMENT FACILITY
Shall mean a building or structure approved by the Ministry of the Environment, and operated by
the County, where domestic and / or industrial waste is treated and for the purposes of this by-law
shall include a sewage lagoon.
3.200
SEWER, SANITARY
Shall mean a system of underground conduits, operated by the County, which carries sewage to
the sewage treatment facility.
3.201
SIGHT TRIANGLE
Shall mean an area on a corner lot that is free of buildings, structures and other obstructions
which limit visibility and sightlines at the intersection of two streets. The sight triangle is to be
determined as set out in Section 4.24 of this By-law. A sight triangle is not necessarily public
land or land to be conveyed to the County.
3.202
SITE GRADING
Shall mean to raise, lower or in any way affect or alter the contours of the ground on the site.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.203
34
SMALL ENGINE SALES AND SERVICE ESTABLISHMENT
Shall mean a building or part of a building and land adjacent thereto, where snowmobiles,
motorcycles, lawn mowers and small engines or parts are displayed for sale at retail, or for rental
and where mechanical repairs are completed.
3.204 STOREY
Shall mean the portion of a building which is situated between the top of any floor and the top of
the floor next above it, and if there is no floor above it, that portion between the top of such floor
and the ceiling above it.
3.205
STOREY, FIRST
Shall mean the storey of a building closest to finished grade having its ceiling l.8 metres (6 feet)
or more above average finished grade.
3.206
STOREY, ONE-HALF
Shall mean that portion of a building situated wholly or in part within the roof and having its floor
level not lower than l.2 metres (4 feet) below the line where roof and outer wall meet and in
which there is sufficient space to provide a distance between finished floor and finished ceiling of
at least 2.l metres (7 feet) over a floor area equal to at least 50 percent of the area of the floor next
below.
3.207
STREET OR ROAD
Shall mean a highway as defined in this By-law and does not include a private road or private
right-of-way as defined in this By-law.
3.208
STREET OR ROAD, IMPROVED PUBLIC
Shall mean a street or road which has been assumed for public use, under the jurisdiction of the
Province of Ontario or the County which is maintained year round.
3.209
STREET OR ROAD, UNIMPROVED
Shall mean a street or road that has not been assumed or maintained by the County.
3.210
STREET LINE
Shall mean the limit of the street or road allowance and is the dividing line between a lot or block
and street or road.
3.211
STRUCTURE
Shall mean anything constructed or erected, the use of which requires location on or in the
ground, or attached to something having location on the ground.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.212
35
SWIMMING POOL
Shall mean a water-filled enclosure, permanently constructed or portable, having the capability of
a depth of more than 61 centimeters (24 inches).
3.213
TAXI DEPOT
Shall mean a building or part of building and land adjacent thereto where a taxi and/or limousine
service is based and may include a parking area and dispatch office.
3.214
TENT
Shall mean every kind of temporary shelter to which the term is normally considered to apply and
that is not permanently affixed to the site and that is capable of being easily moved and is not
considered a structure.
3.215
TOURIST COTTAGE / CABIN
Shall mean a building to accommodate one or more guests, which contains at least two rooms,
that is at least partially furnished and in which the guest is permitted to prepare and cook food,
but shall not include a dwelling as herein defined.
3.216
TOURIST ESTABLISHMENT
Shall mean any building, structure or area operated to provide sleeping accommodation for the
traveling public or the public engaging in recreational activities, and includes the services and
facilities in connection with which sleeping accommodation is provided, and without limiting the
generality of the term, also includes one or more tourist cottages, but does not include:
i. a camp operated by a charitable corporation approved under the Charitable Institutions Act,
R.S.O., 1990 as amended;
ii. a summer camp within the meaning of the regulations made under the Health Protection and
Promotion Act, R.S.O., 1990, as amended; or
iii. a club owned by its own members and operated without profit or gain.
3.217
TOURIST INN
Shall mean one or more buildings where a total of four or more guest rooms are provided for the
sleeping accommodation of the traveling public and which may include common dining,
recreational, meeting or other ancillary facilities but shall exclude a rooming or boarding house, a
bed and breakfast establishment, or other accommodation otherwise defined herein.
3.218
TRAILER
Shall mean a vehicle that is at any time drawn upon a highway by a motor vehicle, except an
implement of husbandry, another motor vehicle or any device or apparatus not designed to
transport persons or property, temporarily drawn, propelled or moved upon such highway, and
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
36
except a side car attached to a motorcycle; which shall be considered a separate vehicle and not
part of the motor vehicle by which it is drawn, and, for the purposes of this By-law does not
include a mobile home dwelling as defined herein.
3.219
TRAILER, MOBILE CAMPER
Shall mean any trailer in which the assembly can be erected, while stationary, using the trailer
body and related components for support and utilized for temporary living, shelter and sleeping
accommodation of persons for recreational purposes, with or without cooking facilities and which
is collapsible and compact while being drawn by a motor vehicle and shall include a tent trailer
and pop up trailer, but shall not include a mobile home dwelling, a travel trailer or a park model
trailer as defined herein.
3.220
TRAILER, PARK MODEL
Shall mean a recreational unit mounted on a single chassis, mounted on wheels designed to
facilitate relocation from time to time, and designed as temporary living quarters for camping and
may be connected to those utilities necessary to supply those installed facilities, with a gross floor
2
area including lofts not exceeding 50 m (538 sq. ft.) in set up mode, and having a width greater
than 2.6 m (8.5 ft.) in the transit mode and manufactured to comply with Canadian Standards
Association (CSA) Standard No. Z241, as amended or replaced from time to time. A park model
trailer shall not by used as a single detached dwelling or as a mobile home dwelling.
3.221
TRAILER, TRAVEL
Shall mean any trailer designed and constructed so that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or propelled by the motor vehicle and is capable of being
utilized for the temporary living, sleeping or eating accommodation of persons for recreational
purposes and shall include a fifth wheel trailer, but shall not include a mobile home dwelling or a
park model trailer as defined herein.
3.222
TRAVEL TRAILER PARK
Shall mean a parcel of land which is developed and managed as a unit for recreational or vacation
use and designed and used for seasonal occupancy only. Camping lots are made available on a
rental or lease basis for the placing of recreational vehicles or motor homes, but not including
park model trailers and mobile home dwellings. The ownership and responsibility for the
maintenance of private internal roads, services, communal areas and buildings, and garbage
collection, together with general park management, rests with the owner. Such parcel is not the
subject of a Registered Plan of Subdivision defining individual lots legally capable of conveying
title and shall not include a mobile home park or any use as may otherwise be defined in this Bylaw.
3.223
TRUCK CAMPER
Shall mean any unit designed and constructed so that it may be temporarily attached to a motor
vehicle as a separate unit and capable of being utilized for the temporary living, sleeping or eating
accommodation of persons for recreational purposes.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
37
3.224 USE
Shall mean, when used as a noun, the purpose for which a lot or building or structure, or any
combination thereof, is designed, arranged, occupied or maintained and when used as a verb,
"used" shall have a corresponding meaning.
3.225
VEHICLE
Shall mean a motor vehicle, motorcycle, motor assisted bicycle, traction engine, farm tractor,
road-building machine, self-propelled implement of husbandry, and any other vehicle propelled
or driven other than by muscle power, but not including motorized snow vehicle, or street car or
other motor vehicle running only upon rails.
3.226
VETERINARIAN
Shall mean a person registered under the provisions of the Veterinarians Act, R.S.O. 1990, as
amended, replaced or re-enacted from time to time.
3.227
VETERINARY CLINIC
Shall mean a building or part of a building in which facilities are provided for the prevention,
cure and alleviation of disease and/or injury to animals and birds, and the care of animals and
birds, and in conjunction with there may be facilities provided for the sheltering of animals during
treatment.
3.228
WAREHOUSE
Shall mean a building or part of a building used for the storage and distribution of goods, wares,
merchandise, substances, articles or things, and may include facilities for a wholesale or retail
commercial outlet, but shall not include a cartage or transport depot as defined herein.
3.229
WASTE DISPOSAL SITE
Shall mean a site approved by the Ministry of the Environment where garbage, recyclables, refuse
or waste, is collected, sorted, processed, disposed of or dumped and for the purposes of this Bylaw, may include a landfill site and waste transfer station.
3.230
WATER BODY
Shall mean any bay, lake, river or other natural or man-made watercourse or canal.
3.231
WATERCOURSE
Shall mean a depression in the ground which regularly or intermittently conveys a flow of water.
3.232
WATER FRONTAGE
Shall mean the boundary between the water and land fronting on and providing access to a
waterbody.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
38
3.233 WATER MARK, HIGH
Shall mean the mark made by the action of water under natural conditions on the shore or bank of
a water body and/or watercourse which has created a difference between the character of
vegetation or soil on one side of the mark and the character of vegetation or soil on the other side
of the mark. The exact location of any high water mark shall be determined by Quinte
Conservation.
3.234
WETLAND
Shall mean lands that are seasonally or permanently covered by shallow water, as well as lands
where the water table is close to or at the surface. In either case the presence of abundant water
has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or
water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens.
Lands being used for agricultural purposes that are periodically "soaked" or "wet" are not
considered to be wetlands in this definition. Such lands, whether or not they were wetlands at
one time, are considered to have been converted to alternate uses.
3.235
WETLAND, PROVINCIALLY SIGNIFICANT
Shall mean a wetland area that has been identified as provincially significant by the Ministry of
Natural Resources using evaluation procedures established by the province, as amended from
time to time.
3.236
WHOLESALE ESTABLISHMENT
Shall mean the use of land or the occupancy of a building or structure for the purpose of selling or
offering for sale goods, wares or merchandise on a wholesale basis and includes the storage or
warehousing of those goods, wares or merchandise.
3.237
WINDMILL
Shall mean a structure including a tower, nacelle, blades and related appurtenances, designed,
erected, and maintained under appropriate qualified supervision, and used for driving a machine
such as a pump or mill, or for conversion of wind energy into electricity.
3.238
WINDMILL FACILITY (Wind Farm)
Shall mean three or more windmills.
3.239
WINERY
Shall mean a building or part of a building where wines are produced and may include wine
tasting, storage, display, processing and administrative facilities and any associated outdoor patio
area, but shall not include a restaurant or other on-site dining facilities.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.240
39
WORKSHOP
Shall mean a building or part of a building where fabrication or manufacturing requiring manual
or mechanical skills is performed by trades people and may include a carpenter's shop, a
locksmith's shop, a gunsmith's shop, a tinsmith's shop, a commercial welder's shop, or similar
uses.
3.241
YARD
Shall mean a space, appurtenant to a building or structure, located on the same lot as the building
or structure, which space is open, uncovered and unoccupied from the ground to the sky except
for such accessory buildings, structures or uses as are expressly permitted elsewhere in the Bylaw.
3.242
YARD, FRONT
Shall mean a yard extending across the full width of the lot between the front lot line of the lot
and the nearest part of any building or structure on the lot, the nearest outside storage use on the
lot, or edge or rim of an excavation on the lot.
3.243
YARD, MINIMUM FRONT
Shall mean the least horizontal dimension between the front lot line of the lot and the nearest part
of any building or structure on the lot, or the nearest outside storage use on the lot, or the edge or
rim of an excavation on the lot.
3.244
YARD, REAR
Shall mean a yard extending across the full width of the lot between the rear lot line of the lot and
the nearest part of any building or structure on the lot, or the nearest outside storage use on the
lot, or the edge or rim of an excavation on the lot.
3.245
YARD, MINIMUM REAR
Shall mean the least horizontal dimension between the rear lot line of the lot or the high water
mark when the lot abuts a waterbody and the nearest part of any building or structure on the lot,
or the nearest outside storage use on the lot, or the edge or rim of an excavation on the lot.
3.246
YARD, REQUIRED
Shall mean the minimum yard required by the provisions of this By-law.
3.247
YARD, SIDE
Shall mean a yard extending from the required front yard to the required rear yard and from the
side lot line of the lot to the nearest part of any building or structure on the lot, or the nearest
outside storage use on the lot, or the edge or rim of an excavation on the lot.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.248
40
YARD, EXTERIOR SIDE
Shall mean a side yard immediately adjoining a public street.
3.249
YARD, INTERIOR SIDE
Shall mean a side yard other than an exterior side yard.
3.250
YARD, MINIMUM SIDE
Shall mean the least horizontal dimensions between the side lot line of the lot and the nearest part
of any building or structure on the lot, or the nearest outside storage use on the lot, or edge or rim
or excavation on the lot.
3.251
ZOO
Shall mean the use of land, building or structures for keeping animals for public exhibition.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
41
SECTION 4 GENERAL PROVISIONS
4.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
4.1.1
PERMITTED USES
4.1.1.1 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 an accessory building or structure or accessory use,
but shall not include the following:
i. any occupation for gain or profit conducted within or accessory to a dwelling unit or on such
lot associated therewith, except as is expressly permitted in this By-law; or
ii. any building used for human habitation except as is expressly permitted in this By-law.
4.1.1.2 Accessory buildings, structures and uses shall only be permitted once a building permit has been
issued for buildings or structures for the principle use.
4.1.1.3 Notwithstanding subsection 4.1.1.2 above, within any Rural 1 (RU1), Rural 2 (RU2) or Rural 3
2
(RU3) Zone, an accessory building with a gross floor area not exceeding 67 m (720 sq. ft.) may
be constructed prior to the issuance of a building permit for the construction of a permitted single
detached dwelling.
4.1.2
RELATION TO STREET
4.1.2.1 RESIDENTIAL ZONES
An accessory building or structure shall be erected in conformity with the yard and setback
requirements of the respective Residential Zone, except as may otherwise be provided for herein.
4.1.2.2 NON-RESIDENTIAL ZONES
No accessory building or structure shall be erected closer to the street line than the minimum
required yard and setback requirements of the applicable non-residential zone.
Notwithstanding the foregoing, a gatehouse or information kiosk or other similar accessory
structure shall be permitted within a required front or side yard or within the area between the
street line and the required setback.
4.1.3
RELATION TO PRINCIPAL BUILDING
Except as may otherwise be provided herein, any accessory building or structure shall not be
erected closer than 1.8 metres (6 feet) to the principal building.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
4.1.4
4.1.4.1
42
LOT COVERAGE AND HEIGHT
The total lot coverage of all accessory buildings and structures shall not exceed:
i. five per cent (5%) of the lot area for lots with an area of 0.4 hectares (1 acre) or less;
ii. three per cent (3%) of the lot area for lots with an area greater than 0.4 hectares (1 acre).
4.1.4.2
The maximum height of any accessory building or structure shall be 5 metres (16.4 feet).
4.1.4.3
Notwithstanding the foregoing, within an Industrial Zone, the total lot coverage of all accessory
buildings or structures shall not exceed ten per cent of the lot area, nor shall the height of any
accessory building or structure exceed the height restriction of the respective Industrial Zone.
4.1.5
4.1.5.1
ACCESSORY STRUCTURE ENCROACHMENTS
POLES AND SIMILAR STRUCTURES
Notwithstanding the yard and setback provisions of this By-law to the contrary, drop awnings,
clothes poles, flag poles, garden trellises, signs or similar structures which comply with the
licensing and/or regulatory By-laws of the County shall be permitted in any required yard or in
the area between the street line or shoreline and the required setback.
4.1.5.2
WALLS, FENCES, AND SIMILAR STRUCTURES
Notwithstanding the yard and setback provisions of this By-law to the contrary, fences,
retaining walls, or similar structures which comply with the licensing or regulatory By-laws of
the County must meet the requirements of Section 4.25 SPECIAL SETBACK PROVISIONS
but otherwise shall be permitted in any required yard or in the area between the street line and
the required setback.
4.1.6
BOAT HOUSE, PUMP HOUSE AND DOCKING FACILITIES
Notwithstanding the yard provisions of this By-law to the contrary, a dock, detached private
boat house or pump house may be erected and used in a required yard of a lot abutting a water
body, provided that such building or structure:
4.1.7
i.
is accessory to the principle use of the lot;
ii.
is not located closer than 2 metres (6.6 feet) to a side lot line or a projection of the side lot
line; and
iii.
complies with Section 4.25, SPECIAL SETBACK PROVISIONS, and all other
provisions of this By-law
FIRE ESCAPES
Notwithstanding the yard and setback provisions of this By-law to the contrary, unenclosed fire
escapes may project into any required setback a maximum distance of l.2 metres (4 feet).
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Comprehensive Zoning By-law
October 23, 2006
4.1.8
43
DETACHED GARAGES
Notwithstanding any other provisions of this By-law to the contrary, a detached private garage
in a residential zone may be erected and used in any yard provided that:
4.1.9
i.
where such accessory building is located in an interior side yard, it shall not be closer
than 1.2 metres (4 feet) to the interior side lot line; or,
ii.
where such accessory building is located in a rear yard it shall not be closer than 1.2
metres (4 feet) to the interior side lot line or rear lot line; or,
iii.
where such an accessory building is located in a front or exterior side yard such
accessory building shall not be located closer to the lot line than the required front or
exterior side yard setback required by the respective zone.
UTILITY SHEDS
Notwithstanding any other provision of this By-law to the contrary, a utility shed associated
with a residential use may be erected within a required interior side or rear yard of any zone
provided that such accessory building is not closer than 1.2 metres (4 feet) to the interior side or
rear lot line. For the purposes of this By-law such a utility shed shall be maintained and used
for the purposes of storing lawn and garden equipment or similar household related items and
shall not have a total floor area in excess of 10.0 square metres (108 sq. feet).
4.1.10 ORNAMENTAL STRUCTURES
Notwithstanding the yard and setback provisions of this By-law to the contrary, sills, chimneys,
cornices, cantilevers, bay windows, eaves, gutters, parapets, pilasters, or other ornamental
structures may project into any required yard or the area between the street line and the required
setback a maximum distance of 0.5 metres (1.6 feet).
4.1.11 SWIMMING POOLS
Private swimming pools, including in-ground and above-ground pools, may be constructed and
maintained as accessory uses to a dwelling provided that such a use:
i. shall only be permitted in the interior side yard or rear yard of the lot; and
ii. shall not be located within 1.5 metres (5 ft.) of a side or rear lot line, or within any front
yard or exterior side yard and no water circulating or treatment equipment such as pumps
or filters shall be located closer than 3 metres (10 ft.) to any side or rear lot line; and
iii. shall be considered part of the landscaped open space area for the purpose of calculation
lot coverage; and
iv. shall be totally enclosed by a fence not less than 1.5 metres (5 ft.) in height made of a
sturdy material and having a self closing gate capable of being locked and/or a main wall
of a building. No fence shall be required in the case of a swimming pool whose water
level is substantially above ground level provided that the deck around the pool is more
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44
than 1.5 metres (5 ft.) above the ground and the access to the pool is guarded by a self
closing gate capable of being locked.
4.1.12
UNENCLOSED PORCHES, BALCONIES, STEPS OR PATIOS, EXTERIOR STAIRS
AND LANDINGS
Notwithstanding the yard and setback provisions of this By-law to the contrary, unenclosed
porches, balconies, steps and patios, whether covered or uncovered, exterior stairs and landings
may project into any required yard a maximum distance of l.5 metres (5 feet), but not closer
than l.2 metres (4 feet) to any lot line, provided that in the case of porches, steps or patios such
uses are not more than l.8 metres (6 feet) above grade, exclusive of hand railings or other
similar appurtenances.
4.1.13
BARRIER-FREE ACCESS RAMPS
Notwithstanding the yard and setback provisions of this By-law to the contrary, unenclosed
barrier-free access ramps shall be permitted within any yard or in the area between the street
line and the required setback.
4.1.14
SATELLITE COMMUNICATIONS DISH /ANTENNAS
i. A satellite communications dish or antenna is a permitted accessory structure in association
with a permitted residential use provided that such structure shall only be located in the rear
yard behind the principal residential building and shall not exceed a height of 5 metres (16.5
feet) or the height of the main residential building, which ever is less. No part of a satellite
communications dish /antenna shall be located closer than 1.5 metres (5 feet) to any rear or
side lot line.
ii. Notwithstanding the provisions of this By-law to the contrary, a satellite communications
dish or antenna with a diameter of less than 0.6 metres (2 feet) may be located in any yard,
provided it is attached to the principal residential building. The satellite communications dish
or antenna may project into any required yard or setback no more than 0.6 metres (2 feet)
provided that in no case shall the satellite communications dish or antenna be closer to any lot
line than 0.3 metres (1 foot).
4.1.15
AIR CONDITIONING AND HEAT PUMP UNITS
Notwithstanding any other provisions of this by-law to the contrary, a central air conditioning
or heat pump unit may be located in any yard provided it is within 3 metres (10 feet) of a
principle building and no closer than minimum setback of 0.6 metres (2 feet) to any lot line.
4.2
ACCESSORY FARM ACCOMMODATION
Accessory farm accommodation shall be permitted as an accessory use to agriculture, farm,
greenhouse and equestrian centre uses, subject to approval from the authority responsible for
the approval of sewage disposal systems and being listed as a permitted use within the Zone in
which it is located.
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October 23, 2006
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45
BASEMENTS OR WALKOUT BASEMENTS
A dwelling unit may be located in a basement or walkout basement, as defined in the Ontario
Building Code as follows: a) Basement means a storey or storeys of a building located below
the first storey; b) First Storey means the storey with its floor closet to the finished grade and
having its ceiling more than 1.8 metre (5ft. 11in) above the finished grade.
4.4
BED AND BREAKFAST ESTABLISHMENTS
The following provisions shall apply to the establishment of a bed and breakfast establishment:
4.4.1
A bed and breakfast establishment shall only be permitted in an owner occupied single detached
dwelling and shall be limited to a maximum of three (3) guest rooms per establishment.
4.4.2
A bed and breakfast establishment shall not be established or operated in an accessory building.
4.4.3
One parking space shall be provided per guest room in addition to the required spaces for the
dwelling. Such parking spaces shall be on the same lot as the use and shall comply with the
requirements of Section 5 of this By-law.
4.4.4
Bed and breakfast establishments shall be permitted only in zones where expressly provided for
as a permitted use and shall not be permitted as an accessory use.
4.4.5
Bed and breakfast establishments shall conform to all regulations and requirements of the zone
where permitted.
4.4.6
A bed and breakfast establishment shall not detract from the general character of the
neighbourhood nor be a nuisance in terms of noise, traffic, parking and visual character.
4.4.7
A bed and breakfast establishment may have a sign(s) in accordance with the Municipal Sign
By-law.
4.5
ESTABLISHED BUILDING LINE IN RESIDENTIAL AND COMMERCIAL ZONES
Notwithstanding the yard and setback provisions of this By-law to the contrary, where a
building or structure is to be erected on a lot within a Residential, Commercial, or Institutional
Zone and where there is an established building line extending on both sides of the lot, the
minimum yard for such a permitted building or structure is equal to the average setback of
buildings on the same side of the street, provided further that such permitted building or
structure is not erected closer to the street line or the centre line of the street, as the case may be,
than the established building line existing on the date of passing of this By-law.
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4.6
EXISTING UNDERSIZED LOTS
4.6.1
Where a lot having a lesser lot area and/or frontage than required in this By-law existed prior to
the date of passing of this By-law or where such lot was conditionally approved by the consent
granting authority prior to the passing of this By-law, such smaller lot may be used and a
building or structure may be erected, altered or used on such smaller lot, provided that where
approval of the sewage disposal facilities is obtained from the appropriate approval authority
and all other provisions of this By-law are complied with.
4.6.2
Notwithstanding any yard provisions of this By-law to the contrary, the minimum interior side
yard width may be reduced to 3 metres and the minimum rear yard depth may be reduced to 7.5
metres on a lot that is exempted from lot area and/or lot frontage in accordance with Section
4.6.1.
4.6.3
Where a lot having a lesser lot area and/or frontage than required in this By-law is created as a
result of an expropriation or of a conveyance to an authority with the power to expropriate, the
provisions of Section 4.6.1 and 4.6.2 shall apply.
4.7
FRONTAGE REQUIREMENTS
4.7.1
IMPROVED PUBLIC STREET
i. Except as may otherwise be provided herein, no person shall erect any building or structure
unless the lot upon which such building or structure is to be erected fronts upon and is
directly accessible from an improved public street or road, maintained year round.
ii. For the purposes of this section, existing lots on Waupoos Island shall be considered to front
upon and be directly accessible from an improved public street.
4.7.2
UNASSUMED ROAD
Notwithstanding the provisions of Section 4.7.1 i. hereof to the contrary, the provisions of this
By-law shall not apply to prevent the erection of a permitted building or structure on a lot in a
Registered Plan of Subdivision where a subdivision agreement has been entered into with the
County and registered against the lands for dedication as street(s), and where the street or streets
will not be assumed by the County at such time as specified in the said agreement and provided
all other relevant provisions of this By-law are complied with.
4.7.3
PRIVATE ROAD OR RIGHT-OF-WAY
i. Notwithstanding the provisions of Section 4.7.1 i. of this By-law to the contrary, within the
Limited Service Residential (LSR) Zone where a lot is accessible by means of a private road
or right-of-way providing ingress and egress to an improved public street, the provisions of
this By-law shall not apply to prevent the erection, alteration or use of a building or structure
for permitted uses, including a single detached dwelling, provided that all other relevant
provisions of the By-law are complied with.
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ii. Notwithstanding the provisions of Section 4.7.1 i. of this By-law to the contrary, where a
building or structure was used as of the date of passing of this By-law for a purpose permitted
within the zone in which it is located, and such building or structure is only accessible by
means of a private road or right-of-way providing ingress and egress to an improved public
street, the provisions of this By-law shall not apply to prohibit the extension, enlargement,
renovation or reconstruction of such structure provided all other relevant provisions of this
by-law are complied with.
4.8
GROUP HOMES
In addition to the other provisions of this By-law, the following provisions shall apply to group
homes located within the County of Prince Edward:
4.8.1
4.9
A group home shall only be permitted in: (i) a single detached dwelling; and (ii) in zones
where a group home is expressly listed as a permitted use.
HEIGHT EXCEPTIONS
The height provisions contained within this By-law shall not apply to the following buildings or
structures provided that the use is permitted, or is accessory to a permitted use, within the Zone
in which it is located:
i. church spire or steeple;
ii. belfry;
iii. flag pole;
iv. clock tower;
v. air conditioner or related equipment;
vi. lightning rod;
vii. lighting standard;
viii. grain elevator, a barn or silo;
ix. chimney;
x. water storage tank or tower;
xi. radio, television or communication tower or antenna;
xii. windmill;
xiii. external equipment associated with internal building equipment.
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Comprehensive Zoning By-law
October 23, 2006
4.10
4.10.1
48
HOLDING PROVISIONS
GENERAL
Where a zone symbol on the Schedules attached to this By-law as amended from time to time is
followed by the holding zone symbol "H", the permitted uses and relevant zone provisions
applicable to that zone do not apply until such time as the holding zone symbol "H" is removed
in accordance with the requirements of the Planning Act, R.S.O., 1990, as amended.
4.10.2
PERMITTED USES
Only those uses, buildings and structures which existed as of the date of the adoption of the
holding zone By-law are permitted, except as may specifically be provided for in the holding
zone By-law. The strengthening or restoration to a safe condition of any building or structure
or part thereof, existing at the date of the adoption of the said By-law shall be permitted,
provided that the strengthening or restoration shall not increase the building height, size or
volume or change the use of such building or structure.
4.10.3
REMOVAL OF THE HOLDING PROVISIONS
The holding zone provisions shall only be removed by an amending by-law, passed in
accordance with Sections 34 and 36 of the Planning Act, R.S.O., 1990, as amended, and only
when Council is satisfied that all appropriate criteria have been met in a manner and form
acceptable to Council.
4.11
HOME BUSINESS
The following regulations apply to a permitted dwelling wherein a home business is permitted
in addition to a residential use:
4.11.1
A maximum of one employee, in addition to residents of the dwelling unit, may work in the
home business.
4.11.2
A home business may have a sign(s) in accordance with the Municipal Sign By-law.
4.11.3
Such home business shall be clearly secondary to the main residential use and shall not change
the residential character of the dwelling, accessory buildings and the lot and shall not detract
from the general character of the neighbourhood nor be a nuisance in terms of noise, traffic,
parking and visual character.
4.11.4
There shall be no external storage of materials, goods or containers. A limited display of
finished product produced on the lot shall be permitted.
4.11.5
Not more than 25 per cent of the gross floor area of the dwelling or dwelling unit shall be used
for the purposes of a home business, including any area used for the storage of materials and
equipment required for the home business. In addition, a home business may occupy up to 38
square metres (400 square feet) of a detached accessory building.
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49
4.11.6
One additional parking space shall be required on any lot where a home business is established,
in addition to the required spaces for the dwelling. Where the home business has a non-resident
employee, a second additional parking space shall be required for the employee.
4.11.7
Home businesses may include such uses as professional offices, instructional services and home
craft businesses.
4.11.8
A home business shall not include a boarding or lodging house; an eating establishment; a
facility offering accommodation or meals; or any motor vehicle facility, including a motor
vehicle body shop, a motor vehicle dealership, a motor vehicle fuel bar, a motor vehicle repair
garage, a motor vehicle service station or a motor vehicle wash establishment. The preceding
list of uses is stated as examples and shall not be considered to be a definitive list of uses that
are not permitted as home business.
4.12
HOME BUSINESS, RURAL
In zones where a rural home business is listed as a permitted use, such use shall be subject to
the provisions of subsection 4.11, except as modified by the following provisions.
4.12.1
Not more than 25 per cent of the gross floor area of the dwelling shall be used for the purposes
of a rural home business and/or a permitted home business combined.
4.12.2
The maximum floor area of an accessory building or part thereof used for a rural home business
and/or a permitted home business shall be 112 square metres (1200 square feet) combined.
4.12.3
An accessory building in which a rural home business is conducted shall be set back from all lot
lines a minimum of 7.6 metres (25 feet).
4.12.4
A minimum lot area of 2 hectares (5 acres) is required for a rural home business.
4.12.5
Rural home business may include uses such as artisanship, farm related sales, farm machine and
equipment repairs, welding, carpentry, electrical or plumbing contractor's shop, small engine
repair and auto repairs.
4.12.6
Open storage for a rural home business shall be permitted subject to the following regulations:
i.
the maximum area of such open storage shall be 28 square metres (300 square feet);
ii.
an area used for open storage shall be enclosed with an opaque fence, 1.8 metres (6 feet)
in height;
iii.
material or articles stored in an open storage area shall not be piled or stacked to a height
greater than 1.8 metres (6 feet);
iv.
an area used for open storage shall be set back from all lot lines a minimum of 15 metres
(50 feet); and
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v.
50
an area used for open storage shall not be located in the front yard and shall be located
behind the line formed by the extension of the front wall of the principal building on the
lot to each side lot line.
4.12.7
For a rural home business involving auto repairs, a maximum of 2 motor vehicles awaiting
service or customer pick-up may be parked out of doors.
4.12.8
A rural home business shall not include a boarding or lodging house, an eating establishment, a
facility offering accommodation or meals, a motor vehicle body shop, a motor vehicle
dealership, a motor vehicle fuel bar, a motor vehicle service station, a motor vehicle wash
establishment or a salvage or wrecking yard. The preceding list of uses are stated as examples
and shall not be considered to be a definitive list of uses that are not permitted as a rural home
business.
4.13
LANDSCAPED OPEN SPACE
4.13.1
In any zone, any portion of any front yard or exterior side yard, which is not used for any other
permitted purpose, shall be devoted to landscaped open space.
4.13.2
Any land used for landscaped open space shall be included in the calculations for lot area, yard,
and other requirements, as set forth in this By-law.
4.13.3
Provisions for Landscape Planting / Buffer Strips are set out in Section 4.14 of this By-law.
4.13.4
Where landscaped open space is required as buffering, such landscaping shall be continuous
except for a lane, driveway, aisle or walkway which provides access to the lot.
4.14
LANDSCAPE PLANTING / BUFFER STRIPS
4.14.1
LOCATION
Where the interior side or rear lot line of an Institutional, Commercial or Industrial Zone abuts a
Residential Zone, a planting strip with a minimum width of 1.5 metres (5 feet) adjoining such
abutting lot line shall be provided on the lot within the Institutional, Commercial or Industrial
Zone.
4.14.2
CONTENTS
Where in this By-law a planting strip is required to be provided and maintained, such planting
strip shall consist of a row of trees or a continuous uninterrupted hedgerow of evergreens or
shrubs, not less than l.5 metres (5 feet) high at planting, planted immediately adjacent to the lot
line or portion thereof along which such planting strip is required. The remainder of the strip
shall be used for no other purpose than the planting of shrubs, flower beds, grass or a
combination thereof.
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Comprehensive Zoning By-law
October 23, 2006
4.14.3
51
INTERRUPTION FOR DRIVEWAYS OR PEDESTRIAN WALKS
In all cases where driveways, walks or existing buildings extend through a planting strip, it shall
be permissible to interrupt the strip within 3.0 metres (9.8 feet) of the edge of such driveway or
within l.5 metres (5 feet) of the edge of such walk or building.
4.14.4
MAINTENANCE
Where a planting strip is required it shall be planted, nurtured and maintained by the owner or
owners of the lot on which the strip is located.
4.14.5
LANDSCAPED OPEN SPACE SUPPLEMENT
A planting strip referred to in this Subsection may form a part of any landscaped open space
required by this By-law.
4.14.6
FENCING
An opaque fence, 1.5 metres (5 feet) in height may be erected in lieu of the planting strip for
buffering purposes provided it does not intrude into any required sight triangle.
4.15
LIVESTOCK
The keeping of livestock shall only be permitted in the following zones:
Rural 1 (RU1) Zone
Rural 2 (RU2) Zone
Rural 3 (RU3) Zone
4.16
MINIMUM DISTANCE SEPARATION REQUIREMENTS
4.16.1
NEW NON-AGRICULTURAL USES
A building permit for any non-agricultural use, shall comply with the requirements of the
Minimum Distance Separation Formulae (MDS I), as amended from time to time.
4.16.2
NEW OR EXPANDED LIVESTOCK OR MANURE FACILITIES
No livestock or manure storage facilities otherwise permitted in a Rural 1 (RU1), Rural 2 (RU2)
or Rural 3 (RU3) Zone shall be constructed, established or enlarged unless it complies with the
Minimum Distance Separation Formulae (MDS II), as amended from time to time.
Notwithstanding the above, in no case shall a livestock facility be constructed, established or
enlarged with less than the applicable minimum yards required for the zone in which such
facility is to be constructed, established or enlarged.
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Comprehensive Zoning By-law
October 23, 2006
4.17
52
MULTIPLE USES ON ONE LOT
Where any land, building or structure is used for more than one purpose, the applicable
provisions of this By-law which serve to regulate each use shall be complied with, provided that
no dwelling shall be erected closer than 5.0 metres (16.4 feet) to any other building or structure
on the lot, except for such accessory building or structure as may be permitted in accordance
with the provisions of Section 4.1 of this By-law.
4.18
MULTIPLE ZONES ON ONE LOT
Where a lot is divided into more than one zone under the provisions of this By-law, each such
portion of the said lot shall be used in accordance with the Zone Provisions of this By-law for
that portion of the lot.
4.19
NON-COMPLYING BUILDINGS AND STRUCTURES
4.19.1
EXISTING BUILDINGS AND STRUCTURES
Where a building or structure was lawfully used on the day of the passing of this By-law, but
the building or structure did not meet the requirements of this By-law with respect to provisions
other than use on that day, and its use is permitted by the zone in which the building or
structure is located, nothing in this By-law shall prevent the continued use or occupancy of such
building or structure.
4.19.2
ADDITIONS, ENLARGEMENTS OR EXTENSIONS
i. Where a building or structure was lawfully used on the day of the passing of this By-law, but
the building or structure did not meet the requirements of this By-law with respect to yards on
that day, and its use is permitted by the zone in which the building or structure is located, the
minimum yard requirements for any addition, extension, or enlargement to such building will
be deemed to be those that existed on the day of the passing of this By-law.
ii. Except as may be permitted by subsection i. above, and except as may be permitted by
Section 4.5 of this By-law (“Established Building Line”), additions, enlargements, or
extensions of such buildings or structures shall meet the requirements of this By-law.
iii. All of the provisions in Section 4.19.1 and 4.19.2 shall continue to apply, notwithstanding
that the lot on which the building or structure is located may have been, or may be, subject
to a consent or plan of subdivision.
4.19.3
EXPROPRIATION OF LANDS
Where a non-compliance of a building or structure with respect to provisions of this By-law
other than use is created as a result of an expropriation or conveyance of land to an authority
with the power to expropriate, all the provisions of Sections 4.19.1 and 4.19.2 of this By-law
shall apply.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
4.19.4
53
LIVESTOCK FACILITIES
Notwithstanding the provisions of Sections 4.19.1 and 4.19.2, and 4.19.3 of this By-law, the
enlargement, extension or expansion of any livestock facility shall be subject to the
requirements of Minimum Distance Separation Formulae II, as amended from time to time.
4.20
NON-CONFORMING USES, BUILDINGS AND STRUCTURES
4.20.1
CONTINUATION OF LEGAL NON-CONFORMING USES
i. The provisions of this By-law shall not prevent the use of any land, building or structure for
any purpose prohibited by this By-law, if such land, building or structure was lawfully used
for such purpose on the day of the passing of this By-law, so long as it continues to be used
for that purpose.
ii. For purposes of interpreting this By-law, a use that is discontinued for a period of 24
consecutive months or longer shall be deemed to have ceased to be a legal non-conforming
use.
4.20.2
REPAIRS AND RENOVATIONS
Where a building or structure which was lawfully used on the day of the passing of this By-law
is used for a purpose not permitted in the zone in which it is situated, such building or structure
may be repaired or renovated provided that:
i. The repair or renovation does not include any change of use, or any expansion of the building
or structure; and
ii. The building or structure continues to be used for the same purpose for which it was lawfully
used on the day of passing of this By-law.
4.20.3
PRIOR APPROVAL OF PLANS
The regulations of this By-law shall not apply to prevent the erection or use of any land,
building or structure for a purpose prohibited by this By-law, where the building permit was
issued prior to the date of the passing of this By-law, provided that:
i. The building or structure, when erected, is used and continues to be used for the purposes for
which the building permit was issued.
ii. The erection of such building or structure is commenced within six months after the date of
the passing of this By-law; and
iii. Such building is substantially completed within one year after the erection thereof is
commenced.
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Comprehensive Zoning By-law
October 23, 2006
4.20.4
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RESTORATION OF NON-CONFORMING USES
Where a building or structure is used for a legal non-conforming use and said building or
structure is destroyed or damaged by fire or natural disaster, nothing in this By-law shall
prevent the reconstruction or repair of said building or structure for the continuation of the legal
non-conforming use, provided that such reconstruction or repair proceeds within 12 months of
the date of the fire or natural disaster and provided that such reconstruction or repair shall take
place in the same location as the original building or structure and that there shall be no increase
in the ground floor area or gross floor area.
4.21
PITS AND QUARRIES
4.21.1
ESTABLISHING PITS AND QUARRIES
The making or establishment of pits or quarries is prohibited except in the locations and in
accordance with the express provisions of this By-law, and no person shall use land or erect any
building or structure for the purpose of processing, washing, sorting or screening sand, or
gravel, or operating a crushing plant or asphalt plant except as expressly provided for in this
By-law.
4.21.2
PITS AND QUARRIES, WAYSIDE
Wayside pits and quarries may be established in the Rural 1 (RU1), Rural 2 (RU2), Rural 3
(RU3) Zones and the Extractive Industrial (MX) Zone provided that:
i. the wayside pit or quarry is opened and operated by the Ministry of Transportation or the
County or their agents, for the purposes of a specific public road project;
ii. any portable crusher or asphalt plant is approved and governed by any applicable regulations
of the Ministry of Environment and Energy, the Ministry of Natural Resources and a
certificate of approval for a portable hot mix asphalt plant has been obtained; and
iii. an agreement is signed with the County that the wayside pit or quarry shall be rehabilitated
upon completion of the public project.
4.22
PRIVATE HOME DAY CARE
A private home day care, as defined in this By-law shall be subject to the following regulations:
i. Such use shall only be established in zones where it is expressly listed as a permitted use; and
ii. Such use shall only be established as an accessory use to a permitted single detached
dwelling.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
4.23
PUBLIC USES AND UTILITIES
4.23.1
STREETS, RIGHT-OF-WAYS AND INSTALLATIONS
55
Nothing in this By-law shall prevent the use of land for a street or road or private road right-ofway or prevent the installation of a watermain, sanitary sewer main, storm sewer main, gas
main, pipeline, lighting fixture, overhead or underground electrical or telephone line, or other
supply line or communication line, or structure clearly ancillary to the foregoing, provided that
the location of such street or road or private road right-of-way, main, line, fixture or structure
has been approved by the appropriate public authority and all required statutory authorizations
and approvals have been obtained.
4.23.2
CERTAIN PUBLIC USES PERMITTED IN ALL ZONES
i. Only the following types of public uses shall be permitted in all zones save and except for the
Environmental Protection (EP) Zone and the Environmental Protection – Provincially
Significant Wetland (EP-W) Zone:
1. The use of a building or part thereof as a temporary polling station for a federal,
provincial or municipal election or referendum.
2. Public or private cellular and wireless communication towers regulated by Federal
authorities.
3. Tower for the purpose of monitoring wind source, excluding a windmill or
windmill facility.
4. Private or public water treating plants, water pumping stations, water storage
towers and sewage pumping stations, associated distribution and/or collection lines
and similar type uses.
ii. No goods, material, or equipment associated with the public use shall be stored in the open in
a Residential Zone.
iii. Any building or structure erected in a Residential Zone under the authority of this section
shall be designed, constructed and maintained in general harmony with the buildings of the
type permitted in the zone.
iv. Stormwater management facilities and recreation or walking trails shall be permitted in all
zones including the Environmental Protection (EP) Zone and the Environmental Protection –
Provincially Significant Wetland (EP-W) Zone, but only with the approvals of the
Conservation Authority, and applicable Provincial Ministry or Federal Department, if
required.
v. Except as provided for above, any other public use not identified in this section shall be
permitted only in zones where listed as a permitted use and the relevant zone provisions
shall apply to the development of the public use in that zone.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
4.24
SIGHT TRIANGLES
4.24.1
USES PROHIBITED
56
Notwithstanding any other provision of this By-law to the contrary, no person shall, within a
sight triangle as defined hereunder, park a motor vehicle, or erect any building, structure or
sign, or alter the elevation or grade of the ground in a manner which would obstruct the vision
of drivers of motor vehicles or use any land for the purposes of growing plants, shrubs or trees
in excess of 0.6 metres (2 feet) in height above the average elevation of the centre lines of the
adjacent streets.
4.24.2
CALCULATION OF SIGHT TRIANGLE
The sight triangle shall be determined by measuring the distance required for the applicable
zone as set out in subsection 4.24.3 following from the point of intersection of the two street
lines and connecting the two end points. Where the two street lines do not intersect at a point,
the point of intersection of the street lines shall be deemed to be the intersection of the
projection of the street lines or the intersection of the tangents to the street lines.
4.24.3
SIGHT TRIANGLE PROVISIONS
The distance to be measured along the street lines to determine the size of the required sight
triangle shall be as follows:
ZONE
DISTANCE
Rural Zones (RU1, RU2 and RU3)
Highway Commercial (CH)
Tourist Commercial (CT)
Trailer Park Commercial (TPC)
Industrial Zones (MG, MH, MR, MX and MD)
9 metres (30 feet)
9 metres (30 feet)
9 metres (30 feet)
9 metres (30 feet)
9 metres (30 feet)
Urban Residential Type One (R1)
Urban Residential Type Two (R2)
Urban Residential Type Three (R3)
Hamlet Residential (HR)
Mobile Home Park (MHR)
General Commercial (CG)
Local Commercial (CL)
Core Commercial (CC)
6 metres (20 ft.)
6 metres (20 ft.)
6 metres (20 ft.)
6 metres (20 ft.)
6 metres (20 ft.)
6 metres (20 ft.)
0 metres
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
4.25
SPECIAL SETBACK PROVISIONS
4.25.1
RESTRICTIONS WITHIN THE REGULATORY FLOOD PLAIN
4.25.2
57
i.
Notwithstanding the yard and setback provisions of this By-law to the contrary, no
buildings or structures shall be permitted within a regulatory flood plain.
ii.
Notwithstanding the provisions of Section i. above a dock, shore well, or other marine
facility may be permitted within a flood plain, but only with the written approval of
Quinte Conservation.
BAY OF QUINTE, LAKE ONTARIO AND INLAND LAKES
Notwithstanding the yard and setback provisions of this By-law to the contrary, the following
provisions shall apply to land in the vicinity of Lake Ontario, the Bay of Quinte, or other lakes:
4.25.3
i.
No buildings or structures shall be permitted within a horizontal distance of 15 metres
of the regulatory flood plain, or within a horizontal distance of 30 metres from the
high water mark where the regulatory flood plain elevation is unknown.
ii.
Notwithstanding the provisions of i. above, a driveway, boathouse, dock, shore well,
or other marine facility may be permitted within 15 metres of the regulatory flood
plain or within 30 metres of the high water mark, but only with the written approval of
both the Quinte Conservation and the municipality.
OTHER WATERCOURSES – REGULATORY FLOOD PLAIN ELEVATION
AVAILABLE
Notwithstanding the yard and setback provisions of this By-law to the contrary, the following
provisions shall apply to land within the vicinity of all other watercourses where the regulatory
flood plain is available.
4.25.4
i.
No buildings or structures shall be permitted closer than a horizontal distance of 15
metres from the regulatory flood plain.
ii.
Notwithstanding the provisions of Section i. above, a driveway, boathouse, septic
system, dock, shore well or other marine facility may be permitted closer than a
horizontal distance of 15 metres to a regulatory flood plain, but only with the written
approval of Quinte Conservation.
OTHER WATERCOURSES – REGULATORY FLOOD PLAIN ELEVATION NOT
AVAILABLE
Notwithstanding the yard and setback provisions of this By-law to the contrary, the following
provisions shall apply to land within the vicinity of all other watercourses where the regulatory
flood plain elevation is not available:
i.
No buildings or structures shall be permitted within 30 metres of the normal high
water mark.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
ii.
4.25.5
58
Notwithstanding the provisions of Section i. above, a driveway, boathouse, septic
system, dock, shore well, or other marine facility may be permitted within 30 metres
of the high water mark, but only with the written approval of Quinte Conservation.
LANDS IN THE VICINITY OF ESCARPMENTS
Notwithstanding the yard and setback provisions of this By-law to the contrary, no buildings or
structures shall be permitted closer than 30 metres (100 feet) of the top or toe of bank of any
identified escarpment without written approval from Quinte Conservation.
4.25.6
PROVINCIAL HIGHWAYS
Permits from the Ontario Ministry of Transportation shall be required for all buildings and
structures adjacent to Provincial Highways. The Ontario Ministry of Transportation may
require a setback from the Highway that is greater than required by the applicable zone
provision.
4.25.7
RIGHTS-OF-WAY
Notwithstanding the yard and setback provisions of this By-law to the contrary, no buildings or
structures shall be permitted within 7.5 metres (25 feet) of a private right-of-way.
4.26
4.26.1
SPECIAL RESIDENTIAL SETBACK PROVISIONS FROM NON-RESIDENTIAL USES
WASTE DISPOSAL INDUSTRIAL AREA
i.
No new dwelling unit shall be permitted within 300 metres (1,000 feet) of a sewage lagoon.
ii. No new dwelling unit shall be permitted within 500 metres (1,650 feet) of an existing or
closed / abandoned waste disposal site without the approval of the Ministry of Environment
and the municipality.
4.26.2
MEASUREMENT OF SETBACKS FROM WASTE DISPOSAL INDUSTRIAL AREA
i.
Where a waste disposal facility is the subject of a Certificate of Approval, the setback is to
be measured from the boundary of the waste fill area or of the treatment facility as defined
in the Certificate of Approval.
ii. Where a waste disposal facility has no Certificate of Approval, the setback is to be
measured from the edge of the property on which the facility is located.
4.26.3 EXTRACTIVE INDUSTRIAL ZONE
No new dwelling unit shall be located within:
i.
150 metres (500 feet) of an area zoned Extractive Industrial (MX), where the zoning
permits only removal and processing of sand, gravel or other approved aggregate.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
59
ii. 300 metres (1000 feet) of an area zoned Extractive Industrial (MX), where the zoning
permits only removal and processing of sand, gravel or other approved aggregate, but
where extraction is occurring or approved below the groundwater table.
iii. 500 metres (1,650 feet) of an area zoned Extractive Industrial (MX) where the zoning
permits a quarry use, unless a lesser distance is approved by the Ministry of the
Environment and/or the Ministry of Natural Resources and the municipality.
4.27
SPECIAL TEMPORARY USES PERMITTED
i. A tool shed, construction trailer, scaffold or other building or structure incidental to
construction is permitted in all Zones within the County on the lot where construction is
being undertaken and only for so long as it is necessary for the work in progress and until
the work is completed or abandoned. For the purpose of this Section, "abandoned" shall
mean the expiration or revocation of the building permit pursuant to the provisions of the
Ontario Building Code Act, R.S.O., 1992, as amended, and Regulations thereto.
ii. A sales office or trailer, in conjunction with a residential development, is permitted as a
temporary use where approved by the County and where an agreement with the provision of
securities is executed between the land owner and the County.
iii. A temporary building or structure is permitted in a commercial or industrial zone where
approved by the County and where an agreement with the provision of securities is executed
between the land owner and the County.
4.28
THROUGH LOTS
Where a lot which is not a corner lot has lot frontage on more than one street, or is bounded on
more than one side by a street, private right-of-way or watercourse or waterbody, the setback
and front yard requirements contained herein shall apply on each street or adjacent to the private
right-of-way or watercourse or waterbody, as the case may be, in accordance with the
provisions of the Zone or Zones in which such lot is located.
4.29
TRAILER OR MOBILE HOME PARKS
The establishment and use of trailers and mobile homes, including trailer parks or mobile home
parks shall be prohibited within the area covered by this By-law, save and except where such
parks are expressly permitted.
4.30
TRUCK, BUS AND COACH BODIES
No truck, bus, coach or streetcar body, or structure of any kind, other than a dwelling unit
erected and used in accordance with this By-law, the Ontario Building Code Act, R.S.O., 1992,
as amended, and the Regulations passed thereunder; and, all other By-laws of the Corporation,
shall be used for human habitation.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
4.31
60
REQUIREMENTS FOR SPECIAL STUDIES FOR DEVELOPMENT ADJACENT TO
PROVINCIALLY SIGNIFICANT WETLANDS
No development shall be permitted within 40 metres (130 feet) of a Provincially Significant
Wetland or lands zoned the Environmental Protection – Provincially Significant Wetland (EPW) Zone without the completion of an Environmental Impact Study (E.I.S.), scoped in
consultation with the Conservation Authority, Ministry of Natural Resources and the County.
No development shall proceed unless it is in accordance with the requirements of an approved
E.I.S., in addition to any other requirements of this By-law.
4.32
OUTDOOR FURNACES / HEATING APPLIANCES
In addition to the other provisions of this By-law, the following provisions shall apply to an
outdoor furnace / heating appliance located within the County of Prince Edward:
4.32.1
An outdoor furnace shall only be permitted in zones where an outdoor furnace is expressly
listed as a permitted use.
4.32.2
An outdoor furnace shall not be located closer than 15 metres (49.2 feet) to any lot line.
4.33
WINDMILLS
Windmills shall only be permitted in zones where a windmill is expressly listed as a permitted
use and shall meet the following requirements:
ZONE
RR1
RR2
# OF
WINDMILLS
PERMITTED
PER LOT
(MAX)
TOTAL
KILOWATTS
PERMITTED
PER LOT
(MAX)
FRONT
YARD
(MIN)
INTERIOR
SIDE YARD
(MIN)
EXTERIOR
SIDE YARD
(MIN)
REAR
YARD
(MIN)
1
15 KW
1.25 X
HEIGHT OF
WINDMILL
HEIGHT OF
WINDMILL
1.25 X
HEIGHT OF
WINDMILL
1.25 X
HEIGHT OF
WINDMILL
HEIGHT OF
WINDMILL
39.4’
(12 m)
(i)
39.4’
(12 m)
(i)
250’
(76 m)
(i)
250’
(76 m)
(i)
250’
(76 m)
(i)
1
RU1
<25 ACRES
RU1
>25
<50 ACRES
RU2 & RU3
>50 ACRES
(i)
(ii)
15 KW
2
150 KW
200’
(61 m)
2
300 KW
300’
(91 m)
2
600 KW
(ii)
400’
(122 m)
(i)
(i)
175’
(53.3 m)
(i)
200’
(61 m)
(i)
200’
(61 m)
(i)
1.25 X
HEIGHT OF
WINDMILL
200’
(61 m)
300’
(91 m)
400’
(122 m)
DISTANCE
FROM
NEAREST
NEIGHBOURS’
DWELLING
(MIN)
150’
(45.7 m)
150’
(45.7 m)
350’
(106.7 m)
400’
(122 m)
600’
(182.9 m)
Notwithstanding the above, any accessory tower anchorage shall be no closer than 10 feet (3.05
m) from the interior side or rear lot line.
In the Rural RU2 or RU3 Zone each windmill shall be a maximum of 300 KW.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
61
SECTION 5 PARKING, LOADING AND DRIVEWAY PROVISIONS
5.1
PARKING PROVISIONS
5.1.1
The owner of every building or structure erected or used for any purpose set forth below shall
provide and maintain for the sole use of the owner, occupant or other persons entering upon or
making use of the building or structure from time to time, parking spaces and parking areas as
follows:
i) Residential
Type of Use
Apartment Dwelling
Minimum Parking Requirement
1.25 spaces per dwelling unit for apartment dwellings
located in Picton Ward.
1.5 spaces per dwelling unit for apartment dwellings
located in other areas of the County.
Senior Citizens Dwelling,
Retirement or Rest Home
0.5 spaces per dwelling unit or bed.
Townhouse or Multiple Unit
Dwelling
1.5 spaces per dwelling unit
Group Home
2 spaces plus 0.5 spaces per resident that the home is
licensed or approved to accommodate
Rooming or Boarding House or
Bed and Breakfast Establishment
2 spaces per dwelling unit plus 1 additional space for each
guest room or room which is capable of being rented to a
roomer or boarder
Dwelling unit in a mixed use
development
1 space per dwelling unit, in addition to the requirements
for the other uses in the development.
Other Residential Uses
2 spaces per dwelling unit
Home Business
1 space, in addition to the required spaces for the dwelling
unit.
Single Detached and Semidetached Dwellings
2 spaces per dwelling unit
Converted dwellings
1 space per dwelling unit
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
62
ii) Commercial Uses
Type of Use
Minimum Parking Requirement
2
Shopping Centres
5.5 spaces for every 100 m (1076 sq. ft.) gross floor area or
portion thereof
Offices
1 space for every 33 m (355 sq. ft.) of gross floor area or
portion thereof
Medical or Dental Clinics
6 spaces per practitioner
Restaurants
1 space for every 9 m (97 sq. ft.) of gross floor area or portion
thereof.
Retail Commercial Use,
Service or Repair Use, or
Personal Service Use
1 space for every 18 m (193 sq. ft.) of gross floor area or
portion thereof.
Commercial Recreation, Sports
Facilities or Places of
Amusement
The greater of:
- 1 space for every 14 m (150 sq. ft.) of gross floor area; or
- 1 space for every 4 persons of design capacity
Bowling Alley, Curling Rink
2 spaces per lane or curling sheet
Assembly Hall, Theatre
The greater of:
- 1 space per 6 fixed seats or fraction thereof; or
2
2
2
2
2
- 1 space for every 9 m (97 sq. ft.) of gross floor area or
portion thereof
2
Hotel, Motel, Apartment Hotel
1 space per bedroom, plus 1 space for every 9 m (97 sq. ft.) of
gross floor area of public use areas such as meeting rooms
Commercial Club or Private
Club
The requirements for any uses which are applicable,
particularly eating establishments and recreation facilities,
2
plus 1 space per 9 m (97 sq. ft.) of gross floor area of
common or public use areas.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
63
2
Vehicle Service Station,
Vehicle Body Repair or Repair
Operation, Vehicle Rental
Operation
1 space for every 28 m (300 sq. ft.) of gross floor area or
portion thereof including service bays
Vehicle Wash, Self-Service
2 spaces per stall
Vehicle Wash, Mechanical
5 spaces in a storage lane
Vehicle Fuelling Station
2 spaces
Vehicle Sales Outlet
10 spaces in addition to display areas
Undertaking Establishment
1 space for every 13 m (140 sq. ft.) of gross floor area or
portion thereof
Banks
One space for every 23 m (250 square feet) of floor area
devoted to general banking services for public use and office
uses. Each drive-up window shall have sufficient stacking
room for six cars, and a bypass lane shall be provided.
Automatic Teller Machines
2 spaces per machine for automatic teller machines which are
free-standing and are not located in association with bank or
other uses.
Convenience Stores
1 space for every 18.6 square metres (200 sq. ft.) of gross floor
area or portion thereof
Other Commercial Uses
1 space for every 33 m (355 sq. ft.) of gross floor area or
portion thereof
2
2
2
iii) Public and Institutional Uses
Type of Use
Assembly Hall, Place of
Entertainment, Community Centre or
Place of Worship
Minimum Parking Requirement
The greater of:
- 1 space for every 6 fixed seats or fraction thereof, or
2
- 1 space for every 9 m (100 sq. ft.) of gross floor area
or portion thereof
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
64
Hospital, including Private Operations
1 space for every patient bed
Nursing Home, including Private
Operations
1 space for every 4 patient beds
Day Nursery, including Private
Operations
1 space for each staff member, plus 1 space for every 12
children enrolled in the school
Library, Museum, Gallery
2
1 space for every 56 m (600 sq. ft.) of gross floor area
or portion thereof
Police or Fire Station
1 space for every 1.5 employees
Public or Private School (Elementary)
1.5 spaces per classroom and 1 space for every 9 m (97
sq. ft.) of gross floor area for any gymnasium or
auditorium
Public or Private School (Secondary)
15 spaces plus 2 spaces per classroom and 1 space for
2
2
every 9 m (97 sq. ft.) of gross floor area for any
gymnasium or auditorium
College
0.25 spaces per student or staff member
Post Office or Public Transportation
Terminals
1 space for every 28 m (300 sq. ft.) of gross floor area
Utility
1 space for every 37 m (400 square feet) of gross floor
2
2
2
area of office use plus 1 space for every 74 m (800 sq.
ft.) of other uses.
Other Institutional Uses
2
1 space for every 56 m (600 sq. ft.) of gross floor area
iv) Industrial Uses
Type of
Use
Industrial
Use
Minimum Parking Requirement
2
5 spaces minimum and 1 space for every 100 m (1075 sq. ft.) of gross floor area or
2
portion thereof for uses with more than 200 m (2152 sq. ft.) of gross floor area
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
65
v) Barrier-Free Parking
Type of Use
All uses (excluding
residential)
Minimum Parking Requirement
At least 1 barrier-free space per establishment plus 1 space for every
20 parking spaces.
vi) Accessory Uses
Type of
Use
Minimum Parking Requirement
Accessory
Use
5.1.2
Parking shall be provided for an accessory use at the rate required in Section 5.1.1. i)
to v). The total parking requirements shall be the sum of all uses located on site
whether main uses or accessory uses.
Additions to or Change in Use of Buildings
If an addition is made to the building or structure which increases the floor area, then parking
spaces for the addition shall be provided as required by the Parking Space Requirement Table.
Where a change in use of the building or structure occurs, parking spaces shall be provided in
accordance with the requirements of the Parking Space Requirement Table.
5.1.3
Private Garages, Car Ports and Parking Structures
For residential uses, parking spaces within a private garage, car port or a parking structure
located on the same lot as the residential use may be including in the calculation of the number
of available parking spaces.
5.1.4
Multiple Uses
i)
When a building or structure accommodates more than one type of use, parking space
requirements for the whole building shall be the sum of the requirements for the separate
parts of the building occupied by the separate types of use.
ii)
When a building or structure accommodates more than one type of use such that the uses
are not in operation at the same time the number of parking spaces for the whole building
shall equal the number of spaces for the use with the largest parking space requirements.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
5.1.5
66
Parking Space Size
i)
Parking spaces shall have a minimum area of 16.7 square metres (180 sq. ft.) and a
minimum width of 2.7 m (9 ft.)
ii)
Driving aisles providing access to parking spaces shall have a minimum width of 6 m (20
feet)
iii)
Notwithstanding the provisions of Section 5.1.5 i) barrier-free parking spaces shall have a
minimum area of 24 square metres (258 square feet) and a minimum width of 4 metres
(13 feet).
5.1.6
Location
5.1.6.1
i)
Parking spaces shall be located on the same lot as the use they serve.
ii)
Notwithstanding Section 5.1.5.1 i), for the properties listed below, parking spaces may be
provided at an alternative location as set out in the following table. Additional properties
may be added to this section through amendment to this By-law.
Property Description
By-law
Number
(if applicable)
Alternative Parking
Location
1. Giant Tiger, 21 Elizabeth Street, Part of Lot 14,
Plan 24, Picton
N. A.
Part of Lots 289 & 290, Plan
240, Picton
2. Lavender Funeral Home
288 Noxon Avenue, Wellington
N. A.
289 Noxan Avenue, Lot 263,
Plan 8, Wellington
3. Pierson’s IGA, Lots 121-A, 121-C and 12-D,
Registered Plan No. 8, Wellington
N. A.
Lot 116, Registered Plan No.
8, Wellington
5.1.6.2
Notwithstanding any other provisions of this By-law, unsheltered surface parking spaces may
be permitted in accordance with the following:
i) Yards
1.
Residential (other than apartments):
Parking may be permitted in any yard provided that such parking is located
within a driveway which is in accordance with the provisions of Section 5.1.7.2
and 5.1.7.3.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
2.
67
Apartments:
Parking may be permitted in any yard with the exception of the front yard or
required exterior side yard.
3.
Non-Residential Uses:
Parking may be permitted in any yard.
ii) Distance of Parking Area/Spaces from Street Line
1.
2.
3.
4.
Residential Uses (other than apartments): Nil, provided it is on a driveway
Apartments: 3 metres (10 feet) minimum.
Non-Residential Uses: 3 metres (10 feet) minimum.
Industrial Uses: 7.5 metres (25 feet) minimum.
5.1.7
Entrance Driveway Regulations
5.1.7.1
Non-Residential Development
i)
Driveways in any zone other than a Residential Zone shall meet the following
requirements with regard to width along the entire length of the driveway from the street
line:
Type
Minimum
Width
Maximum
Width
Separate ingress or egress for one way traffic.
3 m (10 ft)
7.5 m (25 ft)
Combined ingress or egress for two way
traffic.
6 m (20 ft)
7.5 m (25 ft)
Joint driveway shared with abutting property
6 m (20 ft)
9 m (30 ft)
ii)
The minimum distance between a driveway and the intersection of any two street lines,
measured along the street line, shall be 15 m (50 ft.).
iii)
The minimum width of the driveway shall be measured exclusive of any medians or
traffic islands.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
68
5.1.7.2 Residential Development
i)
Driveways in any Residential Zone shall meet the following requirements with regard to
width along the entire length of the driveway from the street line:
Type
Minimum
Width
Maximum
Width
Separate ingress or egress for one way traffic
3 m (10 ft)
6 m (20 ft)
Combined ingress and egress for two way
traffic
6 m (20 ft)
6 m (20 ft)
6 m (20 ft)
6.7 m (22 ft)
Joint driveway shared with abutting property
ii)
5.1.7.3
5.1.8
The minimum distance between a driveway and the intersection of any two street lines,
measured along the street line, shall be 9 m (30 ft).
General
i)
The minimum angle of intersection between a driveway and a street line shall be 60
degrees.
ii)
The minimum distance between two separate driveways on one lot, measured along the
street line, shall be 9 m (30 ft.)
iii)
No driveway shall be closer than 1.0 m (3.3 ft.) to a side lot line, provided that this shall
not apply to prevent the establishment of joint driveways along a common lot line.
Underground Parking
Underground parking structures shall be permitted in all yards, provided that no part of any
underground structure shall be located within the limits of a street allowance and provided that
no above ground part of the parking structure shall be located in any exterior side yard.
5.1.9
Parking Restrictions
5.1.9.1
Parking spaces required by this By-law shall be used only for the parking of passenger vehicles
and vehicles used in operations incidental to the permitted uses in respect of which such
parking spaces are required.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
5.1.9.2
69
Parking of the following vehicles is prohibited on lots and the road allowances abutting thereto
in all Residential, Commercial, Institutional and Environmental Zones:
i.
ii.
iii.
heavy trucks;
unlicensed vehicles;
vehicles equipped with more than three axles, excluding spare wheels, designed to
support the weight of the vehicle through contact with the ground;
iv. bus;
v.
vehicles designed to run only on rails;
vi. flat bed trucks;
vii. farm tractors;
viii. construction equipment;
ix. tracked vehicles, except for snowmobiles;
x.
dump trucks;
xi. repair and towing vehicles;
xii. vehicles that are in a wrecked or dismantled or inoperative condition.
5.1.9.3
The parking or storing of a boat, motor home, travel trailer or snowmobile shall be permitted in
any yard or any private garage, carport or other building on a lot provided that the boat, motor
home, snowmobile, or travel trailer does not exceed 6 metres (20 feet) in length.
Where a boat, motor home or travel trailer exceeds 6 metres (20 feet) in length, such a boat,
motor home or travel trailer may not be parked or stored on a lot in the following zones, unless
it is parked or stored in an enclosed building:
Urban Residential Type 1 (R1) Zone
Urban Residential Type 2 (R2) Zone
Urban Residential Type 3 (R3) Zone
Hamlet Residential (HR) Zone
5.1.10
Parking Area Surface Treatment
All parking areas, driveways and aisles must be constructed and maintained with a stable
surface consisting of gravel, cement or asphaltic binder or other types of permanent surface
treatment.
5.2
5.2.1
LOADING PROVISIONS
The owner or occupant of any lot, building or structure in a Commercial or Industrial Zone,
used or erected for any purpose involving the receiving, shipping, loading or unloading of
persons, animals, goods, wares and merchandise and raw materials, shall provide and maintain
on the lot occupied by the building or structure and not forming part of a public street or lane,
within the zone in which such use is located, loading or unloading facilities comprising one or
more loading or unloading spaces, 4.5 metres (15 ft.) wide in accordance with the following
requirements:
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
Type of
Use
Commercial
70
Total Gross Floor Area of
Building and Structure
Number of Loading Spaces Required
2
0
0 - 185.9 m (0 - 1,999 sq. ft.)
2
2
1
186 m (2000 sq. ft.) - 2,350 m
(25,300 sq. ft.)
2
2
2,351 m - 7,450 m
(25,301 - 80,200 sq. ft.)
greater than 7,450 m2 (80,200 sq. ft.)
2
2, plus 1 additional space for each additional
2
9,300 m (100,000 sq. ft.) of gross floor area
Industrial
2
1
0 - 280 m (0 - 3,000 sq. ft.)
2
2
281 - 2,350 m
(3,001 - 25,300 sq. ft.)
2
3
2,351 - 7,450 m
(25,301- 80,200 sq. ft.)
2
greater than 7,450 m
(90,200 sq. ft.)
3, plus 1 additional space for each additional
2
9,000 m (97,000 sq. ft.)
5.2.2
Access to loading or unloading spaces shall be by means of a driveway at least 6 metres (20 ft.)
wide contained within the lot on which the spaces are located and leading to a public street or
land located within or adjoining the Commercial or Industrial Zone. All vehicular movement
required to access the loading zone shall be accommodated on private property.
5.2.3
The required loading space or spaces shall be located in the interior side or rear yard.
5.2.4
Addition to or Change in use of Building
If an addition is made to the building or structure which increases the floor area, then loading
spaces shall be provided for such addition as required by Section 5.2.1. Where a change in use
of the building or structure occurs, loading spaces provided as in Section 5.2.1.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
71
SECTION 6 ZONES AND ZONING MAPS
6.1
ESTABLISHMENT OF ZONES, SYMBOLS AND SECTION NUMBERS
6.1.1
The provisions of this By-law shall apply to all lands within the limits of the Corporation which
lands for the purpose of this By-law are divided into various zones as follows:
ZONE
SYMBOL SECTION
Rural Zones
Rural 1 Zone
RU1
7
Rural 2 Zone
RU2
8
Rural 3 Zone
RU3
9
Urban Residential Type One Zone
R1
10
Urban Residential Type Two Zone
R2
11
Urban Residential Type Three Zone
R3
12
Hamlet Residential Zone
HR
13
Limited Service Residential Zone
LSR
14
Mobile Home Park Residential Zone
MHR
15
Rural Residential 1 Zone
RR1
16
Rural Residential 2 Zone
RR2
17
Core Commercial Zone
CC
18
General Commercial Zone
CG
19
Local Commercial Zone
CL
20
Highway Commercial Zone
CH
21
Residential Zones
Commercial Zones
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
72
Tourist Commercial Zone
TC
22
Trailer Park Commercial
TPC
23
General Industrial Zone
MG
24
Heavy Industrial Zone
MH
25
Rural Industrial Zone
MR
26
Extractive Industrial Zone
MX
27
Waste Disposal Industrial Zone
MD
28
Institutional Zone
I
29
Open Space Zone
OS
30
Environmental Protection Zone
EP
31
EPW
32
FD
33
Industrial Zones
Environmental Protection - Provincially Significant Wetland
Zone
Future Development Zone
6.1.2
The permitted uses, the minimum size and dimensions of lots, the minimum size of yards, the
maximum lot coverage, the maximum gross floor area, the minimum landscaped open space,
the maximum height of buildings and all other zone provisions are set out herein for the
respective zones.
6.2
ZONING MAPS
The extent and boundaries of all the said zones are shown on any of the Schedules attached to
and forming part of this By-law which Schedules forms a part of this By-law and is attached
hereto.
6.3
USE OF ZONE SYMBOLS
The symbols listed in Subsection 6.1 may be used to refer to land, buildings and structures and
the uses thereof permitted by this By-law in said Zones; and whenever in this By-law the word
"Zone" is used, preceded by any of the said symbols, such zones shall mean any area within the
boundaries delineated on the Zoning Maps, any of the Schedules attached to and forming part of
this By-law, and designated thereon by the said symbol.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
6.4
73
APPLICATION OF REGULATIONS
No person shall within any of the Zones defined in this By-law and delineated on the Zoning
Maps, any of the Schedules attached to and forming part of this By-law, hereto appended, use
any land or erect, build, construct, reconstruct, relocate, excavate for, alter, add to, enlarge,
extend or use any building or structure, except in conformity with the regulations of this By-law
for the zone in which such land, building, structure or use is located.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
74
SECTION 7 RURAL 1 (RU1) ZONE
No person shall within any Rural 1 (RU1) Zone use any land or erect, alter or use any building or
structure except in accordance with the following provisions:
7.1
PERMITTED RESIDENTIAL USES
7.1.1
one single detached dwelling
7.1.2
home business
7.1.3
rural home business
7.1.4
private home day care
7.1.5
bed and breakfast establishment
7.1.6
group home
7.1.7
uses, buildings and structures accessory to the foregoing permitted residential uses
7.1.8
accessory farm accommodation
7.2
PERMITTED NON-RESIDENTIAL USES
7.2.1
agriculture
7.2.2
commercial greenhouses
7.2.3
conservation area including low impact outdoor recreation activities, nature study and wildlife
areas, or other similar use as provided for the preservation of the natural environment
7.2.4
equestrian centre
7.2.5
farm
7.2.6
farm produce outlet
7.2.7
forestry and reforestation
7.2.8
garden and nursery sales and supply establishment
7.2.9
kennel
7.2.10
maximum of two windmills in accordance with the provisions of Section 4.33 of this By-law
7.2.11
outdoor furnace in accordance with the provisions of Section 4.32 of this By-law
7.2.12
wayside pit and wayside quarry, in accordance with provisions of Section 4.21 of this By-law
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
75
7.2.13
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
7.2.14
uses, buildings and structures accessory to the foregoing permitted non-residential uses
7.3
REGULATIONS FOR PERMITTED USES
7.3.1
Minimum Lot Area
10 ha (24.7 ac.)
7.3.2
Minimum Lot Frontage
60 m (200 ft.)
7.3.3
Minimum Front Yard
15 m (50 ft.)
7.3.4
Minimum Exterior Side Yard
15 m (50 ft.)
7.3.5
Minimum Interior Side Yard
7.5 m (25 ft.)
7.3.6
Minimum Rear Yard
15 m (50 ft.)
7.3.7
Maximum Lot Coverage (all buildings and structures)
10 %
7.3.8
Minimum Landscaped Open Space
30 %
7.3.9
Maximum Height of Buildings
7.3.10
Maximum Number of Dwelling Units Per Lot
7.3.11
Minimum Dwelling Unit Area Requirement
7.3.12
Maximum Number of Accessory Farm Accommodation Units
7.4
10 m (33 ft.)
1
2
90 m (970 sq. ft.)
1
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Rural 1 (RU1) Zone and any special zone thereunder, shall apply and be
complied with.
7.5
SPECIAL RURAL 1 (RU1) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
7.5.1
76
RU1-1 Zone (Part of Lot 11, Concession 1, LSWCV, North Marysburgh Ward
Notwithstanding any provisions of this By-law to the contrary, within the RU1-1 Zone, the
following provisions shall apply:
i. Minimum interior side yard, south side 15.0 m (49.2 ft.)
7.5.2
RU1-2 Zone (Part of Lot 4, Concession 3 SSEL, Athol Ward)
(Part of Lot 16, Concession 2, W.G.P., Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-2 Zone, the
following provisions shall apply:
i. The use of the barn existing on the day of passing of this By-law and future improvements
thereto shall be restricted to dry storage only.
7.5.3
RU1-3 Zone
Reserved.
7.5.4
RU1-4 Zone (Part of Lot 14, Concession 1, North Black River, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-4 Zone, the
following provisions shall apply:
i. The only permitted non-residential use shall be forestry uses, including a sawmill.
ii. Minimum Lot Area 2.6 ha (6.4 ac.)
ii. Minimum Lot Frontage 200 m (656 ft.)
7.5.5
RU1-5 Zone (Part of Lots D, Concession 2, South of Black River, South Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-5 Zone, the
following provisions shall apply:
i. Minimum Lot Frontage 198 m (650 ft.)
ii. The two separate conveyable lots zoned RU1-7, totaling approximately 2.1 ha (5.3 ac.) are
considered to be one lot for the purpose of this By-law.
iii. Side yard setback requirements are exempted, save and except for along those lot lines
abutting parcels not zoned RU1-5.
iv. The keeping and housing of livestock on the property will be limited to a maximum of five
(5) horses, or the equivalent number of animal units.
7.5.6
RU1-6 Zone (North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-6 Zone, the
following provisions shall apply:
i. Two single detached dwellings shall be permitted.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
7.5.7
77
RU1-7 Zone (Part of Lot 7, Concession 2 North of Black River, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-7 Zone, the
following provisions shall apply:
i. Lands zoned Environmental Protection (EP) on the said lot, may be included in the
calculation of lot frontage.
7.5.8
RU1-8 Zone (Part of Lot 5, Concession I West of Cape Vesey, North Marysburgh Ward)
(Part of Lot 13, Concession Lakeside, West of Cape Vesey, North Marysburgh
Ward)
(Part of Lot 9, Concession II North of Black River, North Marysburgh Ward)
(Part of Lots 13 and 14, Concession North Side of East Lake, Athol Ward)
(Hillier Ward)
(Part of Lots 19 & 20, Concession 2 MT, Hallowell Ward)
(Part of Lot 7, Concession 1, NWCP, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-8 Zone, the
following provisions shall apply:
i. Minimum Lot Frontage 46 m (150.9 ft.)
7.5.9
RU1-9 Zone (Part of Lot 19, Conc. Lakeside West of Cape Vesey, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-9 Zone, the
following provisions shall apply:
i. Lands zoned Environmental Protection (EP) on the said lot, may be included in the
calculation of lot area.
7.5.10
RU1-10 Zone (Part of Lots 3, 4 and 5, Conc. Ordinance Reserve, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-10 Zone, the
following provisions shall apply:
i. No residential development shall be located within 221 m (725 ft.) of the northerly poultry
barns.
ii. The existing tree cover on the lots and particularly on the sloped areas shall be maintained.
iii. No development shall be permitted within 30 m (98.4 ft.) of the top of the shoreline bluff.
iv. No shoreline alterations shall occur without the written approval of the Ministry of Natural
Resources.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
7.5.11
78
RU1-11 Zone (Part of Lots 3 and 4, Gore A, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-11 Zone, the
following provisions shall apply:
i. A welding and machinery repair workshop is permitted as a rural home business.
ii. No outside storage of equipment, materials, supplies, goods or tools shall be permitted in
connection with the workshop use and all activities related thereto shall be wholly enclosed
2
within one building containing a maximum of 390 .18 m (4,200 sq. ft.) of gross floor area.
7.5.12
RU1-12 Zone (Part of Lot 13, Concession Lakeside West of Cape Vesey, North
Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-12 Zone, the
following provisions shall apply:
i. Minimum front yard 8.2 m (27 ft.)
ii. The existing second detached dwelling is a permitted accessory use.
7.5.13
RU1-13 Zone (Part of Lot 13, Concession Lakeside, West of Cape Vesey, North
Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-13 Zone, the
following provisions shall apply:
i. Minimum lot area 6.5 ha (16.1 ac.)
ii. Minimum lot frontage 55 m (180.4 ft.)
iii. Minimum front yard depth 6 m (19.7 ft.)
iv. The second dwelling existing on the date of passing of this By-law shall be a permitted
accessory use.
7.5.14
RU1-14 Zone (Part of Lot 33, Concession South Black River, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-14 Zone, the
following provisions shall apply:
i. A motor vehicle repair garage is permitted as a rural home business operated in the accessory
buildings existing on the date of passing of this by-law.
ii. The buildings existing on the date of passing of this by-law and any future additions and /or
improvements thereto are a permitted use providing that the existing building setbacks are
not further reduced beyond the provisions of the RU1 Zone.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
7.5.15
79
RU1-15 Zone (Part of Lots 6 and 7, Concession Lakeside East of Cape Vesey, North
Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-15 Zone, the
following provisions shall apply:
i. Minimum lot area 3.6 ha (8.8 ac.)
ii. All development, including septic systems and driveways is prohibited below the 1:100 year
flood elevation of 75.8 m (248.6 ft.) G.S.C.
iii. The minimum setback for residential uses from any livestock operation on an adjacent
property is 220.0 m (721.7 ft.).
7.5.16 RU1-16 Zone (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-16 Zone, the
following provisions shall apply:
i. A reptile breeding establishment shall also be a permitted use.
7.5.17
RU1-17 Zone (Part of Lot 1, Concession South Side of East Lake, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-17 Zone, the
following provisions shall apply:
i. Minimum lot frontage 21 m (70 ft.)
7.5.18
RU1-18 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-18 Zone, the
following provisions shall apply:
i. Minimum lot area 3.2 ha (7.9 ac.)
ii. Minimum lot frontage 47.2 m (154.8 ft.)
7.5.19
RU1-19 Zone (Part of Lot 19, Concession 3, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-19 Zone, the
following provisions shall apply:
i. Minimum lot area 1.8 ha (4.4 ac.)
ii. Minimum lot frontage 85 m (278.9 ft.)
iii. Minimum rear yard for a dwelling 61 m (200.13 ft.)
iv. The two poultry barns existing on the date of passing of this by-law are a permitted use
provided that the existing building setbacks are not further reduced.
v. Lands within the Environmental Protection (EP) Zone on the same lot may be used in the
calculation of lot area and lot frontage.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
7.5.20
80
RU1-20 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-20 Zone, the
following provisions shall apply:
i. An existing dormitory shall be permitted as an accessory use to an equestrian centre.
7.5.21
RU1-21 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-21 Zone, the
following provisions shall apply:
7.5.22
i.
A Girls Home as defined herein shall be a permitted residential use.
ii.
For the purposes of this section a “Girls Home” shall mean a single detached dwelling
in which three to sixteen persons (exclusive of supervisory staff) between the ages of
sixteen and thirty live in as a family under responsible supervision, consistent with the
particular needs of its residents. The home must be inspected and approved by the
Health and Fire Departments. It may also include portable classrooms to be used for
instructional purposes.
iii.
Minimum lot area
1.5 ha (3.7 ac.)
RU1-22 Zone (Part of Lots 11 & 12, Concession 2 MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-22 Zone, the
following provisions shall apply:
i. A garden and nursery sales and supply establishment shall also be permitted as a nonresidential use.
7.5.23
RU1-23 Zone (Part of Lots 10 & 11, Concession 1 NWWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-23 Zone, the
following provisions shall apply:
i. Residential uses shall be prohibited.
7.5.24
RU1-24 Zone (Part of Lot 2, Concession 2, NWWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-24 Zone, the
following provisions shall apply:
i. Minimum lot area
1.2 ha (2.96 ac.)
ii. The dwelling, two accessory buildings and the barn existing on the date of passing of this bylaw and any future additions and/or improvements thereto, are a permitted use, providing that
the building setbacks from the side and rear lot lines and the County Road are not further
reduced.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
81
iii. The keeping of a maximum total of five (5) horses on the property within the accessory
building located between the dwelling and the barn, or within the barn, is a permitted use.
7.5.25
RU1-25 Zone (Part of Lot 3, Block B, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-25 Zone, the
following provisions shall apply:
i. A maximum number of five (5) horses are the only livestock permitted on the property.
ii. A barn to house a maximum of five (5) horses shall be located a minimum of 54.8 m (180 ft.)
from the nearest neighbour’s dwelling , in accordance with the Minimum Distance
Separation (MDS) Formulae II.
iii. Any house located on the property shall be sited in accordance with the requirements of the
Minimum Distance Separation (MDS) Formula I.
7.5.26
RU1-26 Zone (Part of Lot 10, Concession 11, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-26 Zone, the
following provisions shall apply:
i. Minimum lot area 4 ha (9.88 ac.)
ii. Minimum lot frontage 0 m (0 ft.)
7.5.27
RU1-27 Zone (Part of Lot 17, Concession 2, NWWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-27 Zone, the
following provisions shall apply:
i. Minimum lot area 4.2 ha (10.3 ac.)
ii. Minimum lot frontage 103 m (337.9 ft.)
iii. The horse barn existing on the date of passing of this by-law and any future additions and/or
improvements thereto, is a permitted use, providing that the existing exterior side yard is not
further reduced.
iv. An equestrian centre and associated ancillary uses, including a tack shop, housing up to a
maximum of thirty-five (35) horses, is a permitted use.
7.5.28
RU1-28 Zone (Part of Lot 20, Concession 3, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-28 Zone, the
following provisions shall apply:
i. Minimum lot area 4.5 ha (11.1 ac.)
ii. Minimum lot frontage 35 m (114.8 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
7.5.29
82
RU1-29 Zone (Part of Gore BB, Concession 1, SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-29 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall also include the following:
1. Farm produce outlet
2. Garden and nursery sales and supply establishment
3. An antiques and collectables shop
4. A retail commercial establishment selling a limited range of products such as cheese,
curd, ice cream, soft drinks, home baking and snack foods.
7.5.30
RU1-30 Zone (Part of Lot 103, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-30 Zone, the
following provisions shall apply:
i. Minimum lot frontage
7.5.31
3.65 m (11.975 ft.)
RU1-31 Zone (Part of Lot 14, Concession 2, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-31 Zone, the
following provisions shall apply:
i. Minimum setback from the street centre line for all buildings and structures shall be 160 m
(525 ft.)
7.5.32
RU1-32 Zone (Part of Lots 5 & 6, Concession 1, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-32 Zone, the
following provisions shall apply:
i. A business office and a depot for a courier service shall also be permitted.
7.5.33
RU1-33 Zone (Part of Gore “C”, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-33 Zone, the
following provisions shall apply:
i. The existing dwelling may be used as a converted dwelling, containing a maximum of three
(3) dwelling units.
ii. Minimum lot area
2.9 ha (7.2 ac.)
iii. Minimum lot frontage 214 m (702.1 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
7.5.34
83
RU1-34 Zone (Part of Gore “C”, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-34 Zone, the
following provisions shall apply:
i. Minimum lot area 2.9 ha (7.2 ac.)
ii. Minimum lot frontage 214 metres (702.1 ft.)
iii. One (1) single family dwelling shall be the only permitted residential use on the lands zoned
RU1-34.
iv. Minimum setback of residential buildings from the barn existing on the date of passing of
this by-law and located on the southerly side of the Fish Lake Road shall be 257 m (843.1
ft.)
7.5.35
RU1-35 Zone (Part of Lots 38 & 39, Concession Big Island, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-35 Zone, the
following provisions shall apply:
i. An abattoir existing on the date of passing of this by-law shall be permitted as a Rural Home
Business.
ii. Minimum lot area 4.0 ha (9.8 ac.)
iii. Minimum lot frontage 198 m (649.6 ft.)
7.5.36
RU1-36 Zone (Part of Lots 6 & 7, Concession Big Island, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-36 Zone, the
following provisions shall apply:
i. The barn existing on the date of passing of this by-law shall only be used for the purpose of
dry storage only.
ii. The keeping of livestock in the existing barn is prohibited.
iii. Minimum lot frontage 224 m (734.9 ft.)
7.5.37 RU1-37 Zone (Part of Lot 51, Concession 2, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-37 Zone, the
following provisions shall apply:
i. A kennel for the breeding, raising and sale of purebred dogs shall be a permitted use.
ii. Minimum lot area 0.69 ha (1.7 ac.)
iii. Minimum lot frontage 86 m (285 ft.)
iv. Minimum rear yard for garage 1.8 m (6.0 ft.0)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
7.5.38
84
RU1-38 Zone (Part of Lot 9, Concession 2, NWCP, Hallowell Ward, Bergeron Property)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-38 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. a kennel
2. an animal pound
3. agriculture
ii. Minimum lot area 2.8 ha (6.9 ac.)
7.5.39
RU1-39 Zone (Part of Lot 60, Concession 3, Bayside, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-39 Zone, the
following provisions shall apply:
i. Residential uses shall not be permitted.
ii. Minimum lot area 9.7 ha (23.96 ac.)
7.5.40
RU1-40 Zone (Part of Lot 75, Concession 3, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-40 Zone, the
following provisions shall apply:
i. Access shall only be available from County Road No. 19.
7.5.41
RU1-41 Zone (Part of Lots 53 & 54, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-41 Zone, the
following provisions shall apply:
i. Minimum setback from a municipal road 170.0 m (557.7 ft.)
ii. Minimum side yard 7.6 m (24.9 ft.)
iii. Minimum setback from the Bay of Quinte 45 m (147.63 ft.)
iv. The keeping of livestock in the existing barn is prohibited.
7.5.42
RU1-42 Zone (Part of Lots 53 & 54, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-42 Zone, the
following provisions shall apply:
i. Minimum setback from a municipal road 170.0 m (557.7 ft.)
ii. Minimum side yard 7.6 m (24.9 ft.)
iii. Minimum setback from the Bay of Quinte 45 m (147.63 ft.)
iv. A By-law shall not be enacted to remove the “Holding” (-H) symbol until such time as:
1. A preliminary archaeological assessment on the proposed building envelopes has
been completed and approved by the County.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
85
2. A report certifying that potable water at a rate of 15.9 litres per minute (3.5 gallons
per minute) with a 0/0 faecal coliform and total coliform level is available has been
completed and approved by the County.
3. An erosion/sediment control plan has been completed and approved by the County.
7.5.43
RU1-43 Zone
Reserved.
7.5.44
RU1-44 Zone
Reserved.
7.5.45
RU1-45 Zone (Part of Lots 51 & 52, Concession Bayside, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-45 Zone, the
following provisions shall apply:
i. Minimum lot frontage 49.0 m (160.7 ft.)
ii. Lands within the Environmental Protection (EP) Zone on the same lot may be included in the
calculation of lot area.
7.5.46
RU1-46 Zone (Part of Lot 85, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-46 Zone, the
following provisions shall apply:
i. The existing barn shall be used for the purpose of dry storage only.
ii. The keeping of livestock in the existing barn is prohibited.
7.5.47
RU1-47 Zone (Part of Lot 54, Concession 5, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-47 Zone, the
following provisions shall apply:
i. Conservation uses shall also be permitted
ii. Minimum lot frontage 55.0 m (180.4 ft.)
iii. Minimum setbacks for the main building
1. From the Bay of Quinte 45.0 m (147.6 ft.)
2. From the County Road 170.0 m (557.7 ft.)
7.5.48
RU1-48 Zone (Part of Lots 23 & 24, Concession 1, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-48 Zone, the
following provisions shall apply:
i. Minimum lot frontage 59.4 m (195 ft.)
ii. The keeping of livestock is prohibited.
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RU-1 49 Zone (Part of Lot 3, Concession II, SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-49 zone, the
following provisions shall apply:
i. Minimum lot area 6.1 ha (15 ac.)
ii. Existing or new out buildings or accessory buildings shall be used for dry storage purposes
only and at no time shall they be used for the purposes of housing livestock.
7.5.50 RU1-50 Zone (Part of Gore BB, Conc. 1, Athol and Hallowell Wards)
Notwithstanding any provisions of this by-law to the contrary, within the RU1-50 Zone, the
following provisions shall apply:
i. Minimum lot area 2.2ha (5.5 acres)
ii. The existing outbuildings shall not be used for the purposes of housing animals or as a
dwelling.
7.5.51 RU1-51 Zone (Part of Gore BB, Conc. 1, Athol and Hallowell Wards)
Notwithstanding any provisions of this by-law to the contrary, within the RU1-51 zone, the
following provisions shall apply:
i. Minimum lot frontage 0 m (0 ft.)
7.5.52 RU1-52 Zone (Gill, Pt. Lot 73, Conc. 3, Ameliasburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, within the RU1-52 zone, the
following provisions shall apply:
i.
Any new dwelling on the lands zoned RU1-52 shall be a minimum of 800 metres (2624.7
feet) from the closest point of the active Ameliasburgh Landfill Site, located on Part of
Lot 71, Concession 3, and illustrated on Schedule ‘2’ to Amending By-law No. 13522004.
7.5.53 RU1-53 Zone (Part of Lot 84, Conc. 2, Ameliasburgh Ward)
(Lot 102, Conc. 5, Hillier Ward)
Notwithstanding any provisions of this by-law to the contrary, in the RU1-53 zone, the
following provisions shall apply:
i. Access to the lot may be provided by a private right-of-way from County Road No. 1.
ii. There is no commitment from or requirement of the County to assume year-round
maintenance of the private right-of-way. Levels of service provided to the lot, including the
level of emergency response, may be limited or reduced.
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October 23, 2006
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87
RU1-54 Zone (Part of Lot 9, Conc. S.E.C.P., Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-54 zone, the
following provisions shall apply:
i Minimum lot area 1.6 ha (4 ac)
ii. Minimum interior side yard 5 m (16.4 ft.)
7.5.55 RU1-55 Zone (Part of Lot 65 & 66, Conc. 2, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-55 zone, the
following provisions shall apply:
i. The only uses permitted shall be a garden and nursery sales and supply establishment and
commercial greenhouses.
ii. An accessory residential use shall not be permitted.
iii. Minimum lot area 0.93 ha (2.3 ac)
iv. Minimum front yard 6.1 m (20 ft.)
v. Maximum lot coverage 45%.
vi. Minimum interior side yard for the greenhouses existing as of October 14, 2003 shall be 1.52
m (5 ft.).
vii. A minimum of 11 parking spaces shall be provided.
7.5.56 RU1-56 Zone (Lot 12, L.R.C.P. 28, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, in the RU1-56 zone, the following
provisions shall apply:
i. Minimum lot area 2.7 ha (6.7 ac)
7.5.57 RU1-57 Zone (Lot 20, Conc. 3 M.T., Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, in the RU1-57 zone, the
following provisions shall apply:
i. Minimum lot area 4 ha (9.9 acres)
ii. Minimum lot frontage 39.6 m (130 ft.)
iii. The keeping of livestock in a barn shall be limited to horses only.
7.5.58 RU1-58 Zone (Cooper, Pt. Lot 45, Conc. Big Island, Sophiasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, in the RU1-58 zone, the
following provisions shall apply:
i.
In addition to the uses normally permitted in the RU1 Zone, the following uses shall also
be permitted:
- a yoga retreat may be established as a home business in a single family dwelling
provided that the gross floor area of the yoga retreat use does not exceed 157.9
square metres (1,700 sq. ft.) of the floor area of the single family dwelling.
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7.5.59 RU1-59 Zone (Part of Lot 51, Conc. Bayside, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, in the RU1-59 zone, the following
provisions shall apply:
i. The drive shed existing as of the date of passing of this by-law may be used as an antique shop
or a woodworking workshop, in addition to other uses permitted in the RU1 zone.
7.5.60 RU1-60 Zone (Mason, Pt. Lots 36, 37 & 38 Conc. 1 WGP, Sophiasburgh Ward)
(Mason, Pt. Lots 36 & 37 Conc. 2 WGP, Sophiasburgh Ward)
(Williams, Pt. Lots 20 & 21, Conc. BI, Sophiasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, in the RU1-60 zone, the following
provisions shall apply:
i.
Minimum rear yard – 40 metres (131.2 feet)
7.5.61 RU1-61 Zone (John & Verna Hirtz, Ward of Athol)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-61 Zone, the
following provisions shall apply:
i. Minimum lot area 12.4 ha (30.7 ac..)
ii. Existing or new out buildings or accessory buildings shall be used for dry storage purposes
only and at no time shall they be used for the purpose of housing livestock.
7.5.62 RU1-62 Zone (Florence Waterhouse)
(1470757 Ontario Inc., Pt. Lot 67, Conc. 2, Ward of Ameliasburgh)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-62 zone, the
following provisions shall apply:
i The barn existing on the date of passing of this by-law shall be used for dry storage only.
7.5.63 RU1-63 Zone (Pt. Lot D, Conc. 2 S.B.R., South Marysburgh)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-63 zone, the
following provisions shall apply:
i. The keeping and housing of livestock on the property will be limited to a maximum of 5
horses, or the equivalent number of livestock units.
7.5.64 RU1-64 (Shirwill Holdings, Pt. Lots 7 & 8, Conc. 1 NWWL, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-64 zone, the
following provisions shall apply:
i) In addition to the uses normally permitted in the RU1 Zone, the following uses shall be
permitted:
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- art shows, antique sales and storage on the first floor of the existing barn occupying a
maximum floor area of 209 sq. metres (2,250 sq. ft.)
- musical performances and catered functions including weddings and private banquets,
on the second floor of the existing barn only, occupying a maximum floor area of 427
sq. metres (4,600 sq. ft.)
- selling of produce primarily grown on the farm and retail goods made from local
produce or related to the farm; and on a limited scale the selling of locally grown
produce and retail goods made from local produce and limited ancillary retail uses
such as antiques, art, linen and soaps in the existing 85.9 sq. metre (925 sq. ft. ) shed.
- a distillery with associated bottling, processing of home grown fruits and beverage
grade spirits and storage facilities in a building other than the existing barn or shed,
occupying a maximum floor area of 250.8 sq. metres (2,700 sq. ft.).
- a social therapeutic program, including arts and crafts, for adults requiring care and
supervision located within the west wing of the first floor of the existing barn
occupying a maximum of 167 sq. metres ( 1,800 sq. ft.)
(ii)
A restaurant shall not be permitted on the lands zoned RU1-64.
(iii)
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as
amended, relating to Site Plan Control shall apply to the lands zoned RU1-64.
7.5.65 RU1-65 Zone (Watson & Josic, Pt. Lot 10, Conc. 1 NWCP, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-65 zone, the
following provisions shall apply:
i.
In addition to the uses normally permitted in the RU1 Zone, the following uses shall also
be permitted within the existing outbuildings:
1. blacksmith shop
2. multi-media art studios including stained glass, pottery and glassblowing studios
3. art gallery
4. uses normally incidental and accessory to the foregoing.
ii.
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned RU1-65.
7.5.66 RU1-66-H Zone (Point Petre Lots, Athol Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-66-H Zone, the
following provisions shall apply:
1.
No person shall within a RU1-66-H Zone erect any building or structure for any purpose
or shall use any land or alter or enlarge any building or structure except for the following
permitted uses:
(i)
buildings and structures and uses existing on the date of passing of this
By-law.
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Comprehensive Zoning By-law
October 23, 2006
2.
90
A by-law shall not be enacted to delete the ‘H’ symbol on part(s) or all the lands zoned
RU1-66-H until the following conditions have been satisfied:
(i)
3.
the owner(s) shall have acquired direct frontage and access onto a year
round public maintained road.
Upon removal of the ‘H’ symbol from the RU1-66-H Zone, all the provisions of the RU1
Zone and this By-law shall apply to the lands zoned RU1-66.
7.5.67 RU1-67 Zone (Shawn & Petra Cooper, Lot 2, Conc. LSECV, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-67 zone, the
following provisions shall apply:
i.
In addition to the uses normally permitted in the RU1 Zone the following uses shall also
be permitted:
-a cheese factory, including processing, storage, display, administration
functions, and an accessory retail outlet.
-uses normally incidental and accessory to the forgoing.
ii.
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned RU1-67.
7.5.68 RU1-68 Zone (Jenson & MacLean, Lots 1 & 2, Conc. L.P., South Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-68 zone, the
following provisions shall apply:
i.
The cottage being used for storage at the date of passing of this by-law shall be permitted
for dry storage only and not for human habitation.
7.5.69 RU1-69 Zone (Rankin, Lot 16, Conc. 1 SSEL, Athol Ward)
(St. Pierre, Lots 5 & 6, Conc. LSECV, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-69 zone, the
following provisions shall apply:
i.
The raising of livestock shall not be permitted on the lands zoned RU1-69.
7.5.70 RU1-70 Zone (Wilson, Pt. Lots 25, 26 & 27, Conc. RPEB South Marysburgh Ward)
(Farrow, Pt. Lots 41 & 42, Conc. 1 SWGP, Sophiasburgh Ward)
(Hoekstra, Pt. Lot 16, Conc. 2 SWGP, Sophiasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RU1-70 zone, the
following provisions shall apply:
i.
Minimum lot frontage – 0 metres (0 feet)
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October 23, 2006
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91
RU1-71 Zone (Langlois & Lorenzo, Pt. Lot 17, Conc. 1, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-71 Zone, the
following provisions shall apply:
i.
7.5.72
In addition to the uses normally permitted in the RU1 Zone, the following uses
shall also be permitted:
- A winery, including wine tasting, retail, processing, storage, display,
and administrative functions;
- A farm produce outlet;
- a maximum of one (1) accessory dwelling for full-time farm help;
- A vineyard; and
- Uses that are normally incidental and accessory to the main
permitted uses.
ii.
A restaurant or banquet facility is not a permitted use.
iii.
The requirements of Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as
amended, relating to Site Plan Control shall apply to the lands zoned RU1-71.
RU1-72 Zone (Thompson & Quinn, Pt. Lot 37, Conc. 2 WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-72 Zone, the
following provisions shall apply:
(i)
In addition to the uses normally permitted in the RU1 Zone, the following uses
shall be permitted :
- a kennel - meaning a place or confine where dogs are bred and raised
and/or boarded meeting all requirements of the Prince Edward
County Canine Control By-law, as amended,
- outdoor dog runs
- dog boarding, breeding services
- dog obedience classes for dogs temporarily on site for less than 12
hours accompanied by their owners at all times
- dog foster/rescue service
- the total number of dogs permitted on site shall not exceed a
maximum of forty (40) adult dogs ( over three months of age) either
for a) dogs owned for personal pleasure of the applicants; b) those
being boarded on site for other absentee dog owners ; and c) those
being cared for by the applicants in a foster home /rescue situation.
- uses normally incidental and accessory to the foregoing
(ii)
The requirements of Section 41 of the Planning Act , R.S.O., 1990 c.P. 13, as
amended, relating to Site Plan Control shall apply to the lands zoned RU1-72.
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Comprehensive Zoning By-law
October 23, 2006
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RU1-73 Zone (Baron, Pt. Lot 75, Conc. 6, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-73 Zone, the
following provisions shall apply:
7.5.74
i.
Minimum lot are – 4.6 hectares (11.5 acres)
ii.
Maximum floor area of commercial garage shall be (1,850 sq. ft.)
iii.
The property shall be developed in accordance with a duly registered site plan
development agreement as per Section 41 of the Planning Act, R.S.O. 1990
c.P.13, as amended.
RU1-74 Zone (Young, Pt. Lot 10, Conc. NSEL, Athol Ward)
(Cairns, Pt. Lot 76, Conc. 2, Ameliasburgh Ward)
(Greer, Pt. Lot 28, Conc. 2, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-74 Zone, the
following provisions shall apply:
i.
Agricultural buildings and structures are the only permitted uses and a singlefamily dwelling house shall not be permitted on the lands zoned RU1-74.
7.5.75 RU1-75 Zone (Huff, Lot 15, Conc. 2 MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-75 Zone, the
following provisions shall apply:
i.
Access to the Loyalist Parkway is permitted via property zoned the RR2-21 Zone.
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SECTION 8 RURAL 2 (RU2) ZONE
No person shall within any Rural 2 (RU2) Zone use any land or erect, alter or use any building or
structure except in accordance with the following provisions:
8.1
PERMITTED RESIDENTIAL USES
8.1.1
one single detached dwelling
8.1.2
home business
8.1.3
rural home business
8.1.4
private home day care
8.1.5
bed and breakfast establishment
8.1.6
group home
8.1.7
uses, buildings and structures accessory to the foregoing permitted uses
8.1.8
accessory farm accommodation
8.2
PERMITTED NON-RESIDENTIAL USES
8.2.1
agriculture
8.2.2
commercial greenhouses
8.2.3
conservation area including passive outdoor recreation activities, nature study and wildlife
areas, or other similar use as provides for the preservation of the natural environment
8.2.4
equestrian centre
8.2.5
farm
8.2.6
farm produce outlet
8.2.7
forestry and reforestation
8.2.8
garden nursery sales and supply establishment
8.2.9
kennel
8.2.10
wayside pit and wayside quarry, in accordance with provisions of Section 4.21 of this By-law
8.2.11
maximum of two windmills in accordance with the provisions of Section 4.33 of this By-law
8.2.12
outdoor furnace in accordance with the provisions of Section 4.32 of this By-law
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8.2.13
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
8.2.14
uses, buildings and structures accessory to the foregoing permitted non-residential uses
8.3
REGULATIONS FOR PERMITTED USES
8.3.1
Minimum Lot Area
20 ha (50 ac.)
8.3.2
Minimum Lot Frontage
75 m (250 ft.)
8.3.3
Minimum Front Yard
15 m (50 ft.)
8.3.4
Minimum Exterior Side Yard
15 m (50 ft.)
8.3.5
Minimum Interior Side Yard
7.5 m (25 ft.)
8.3.6
Minimum Rear Yard
15 m (50 ft.)
8.3.7
Maximum Lot Coverage (all buildings and structures)
10 %
8.3.8
Minimum Landscaped Open Space
30 %
8.3.9
Maximum Height of Buildings
10 m (33 ft.)
8.3.10 Maximum Number of Dwelling Units Per Lot
1
8.3.11 Minimum Dwelling Unit Area Requirement
90 m (970 sq. ft.)
8.3.12 Maximum Number of Accessory Farm Accommodation Units
8.4
2
2
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions,, of this By-law where applicable to the use of any land, building or structure
permitted within the Rural 2 (RU2) Zone and any special zone thereunder, shall apply and be
complied with.
8.5
SPECIAL RURAL 2 (RU2) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
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October 23, 2006
8.5.1
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RU2-1 Zone (Part of Lot 9, Concession I, SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-1 Zone, the
following provisions shall apply:
i. The frame barn existing on the date of passing of this by-law shall only be used for dry
storage, and at no time shall it be used for the purpose of housing livestock.
8.5.2
RU2-2 Zone (Part of Lot 19, Concession 3, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-2 Zone, the
following provisions shall apply:
i. Minimum lot area 19 ha (46.9 ac.)
ii. Minimum lot frontage (Station Rd.) 100 m (328 ft.)
iii. Minimum front yard 235 m (771 ft.)
iv. Minimum interior side yard 35 m (114.8 ft.)
v. Minimum exterior side yard 44 m (144.4 ft.)
vi. Any new barn or addition to an existing barn located on a farm or a specialized farm shall be
constructed in accordance with Minimum Distance Separation requirements but in no case
shall a barn or an addition to a barn be constructed closer than 176 m (577.4 ft.) to a
dwelling on an adjacent lot.
vii. Lands within the Environmental Protection (EP) Zone on the same lot may be used in the
calculation of lot area and lot frontage.
8.5.3
RU2-3 Zone (Part of Lot 66, Concession 5 Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-3 Zone, the
following provisions shall apply:
i. Residential uses shall be prohibited.
ii. Minimum lot area 16.5 ha (40.7 ac.)
8.5.4
RU2-4 Zone (Part of Lots 5 and 6, Concession 1, Hillier Ward)
(Part of Lot 85, Concession 4, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-4 Zone, the
following provisions shall apply:
i. The barn existing on the date of passing of this by-law and any future improvements thereto
shall only be used only for dry storage, and at no time shall it be used for the purpose of
keeping or housing livestock.
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Comprehensive Zoning By-law
October 23, 2006
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RU2-5 Zone (Part of Lot 18, Concession 2, NWWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-5 Zone, the
following provisions shall apply:
i. Minimum lot area 27.5 ha (67.9 ac.)
ii. Minimum front yard for the dwelling located on the East portion of the property shall be 9.0
m (29.5 ft.)
iii. The second dwelling, located on the west portion of lot, existing on the date of passing of
this By-law is a permitted use.
8.5.6
RU2-6 Zone (Part of Lot 88, Concession 5, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-6 Zone, the
following provisions shall apply:
i. A winery including wine tasting, storage, display, blending and sales of wine products and
accessories shall also be permitted.
8.5.7
RU2-7 Zone (Part of Lot 21, Concession 1, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-7 Zone, the
following provisions shall apply:
i. Minimum lot area
14.0 ha (34.5 ac.)
ii. The following additional uses shall be permitted:
1. A winery including wine tasting, storage, display, processing and administrative
facilities.
2. Catered receptions and other functions but excluding an on-site restaurant.
3. A farm produce retail outlet.
4. A vineyard
5. Uses that are normally incidental and accessory to the foregoing.
iii. The maximum gross floor area occupied by catered receptions, banquet facilities and other
2
similar functions located within the winery building shall be 185.8 m (2,000 sq. ft.).
iv. Minimum rear yard
30 m (98.4 ft.)
v. The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended,
relating to Site Plan Control shall apply.
8.5.8
RU2-8 Zone (Part of Lot 10, Concession 2, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-8 Zone, the
following provisions shall apply:
i. Residential uses are not permitted.
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ii. Minimum lot area 29 ha (71.6 ac.)
iii. Minimum lot frontage 0 m (0 ft.)
8.5.9
RU2-9 Zone (Part of Lot 38, Concession 2, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-9 Zone, the
following provisions shall apply:
i. The only permitted uses shall be an agricultural use and accessory buildings.
ii. Residential uses and dwellings are prohibited.
iii. Minimum lot frontage 18.0 m (59.0 ft.)
8.5.10
RU2-10 Zone (Part of Lot 99, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-10 Zone, the
following provisions shall apply:
i. The only permitted uses will be the non-residential uses existing on the date of passing of this
by-law.
ii. Minimum lot area 29.0 ha (71.6 ac.)
iii. Minimum lot frontage 55.0 m (180.4 ft.)
8.5.11
RU2-11 Zone (Part of Lots 102 & 103, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-11 Zone, the
following provisions shall apply:
i. The barn existing on the date of passing of this by-law shall only be used for dry storage.
ii. The housing of livestock in the existing barn is not permitted.
8.5.12
RU2-12 Zone (Mark’s Custom Collision, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-12 Zone, the
following provisions shall apply:
i. A motor vehicle body shop shall also be a permitted use.
8.5.13
RU2-13 Zone (Bronson & Parsons, Pt. Lot 33, Conc. 1, N.B.R., South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-13 Zone, the
following provisions shall apply:
i. Minimum lot frontage 60.0 m (196.8 ft.)
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8.5.14 RU2-14 Zone (Part of Lot 85, Conc. 1, Ameliasburgh Ward)
Notwithstanding the provisions of this By-law to the contrary, within the RU2-14 zone, the
following provisions shall apply:
i. Minimum lot area 12ha (29.7 acres)
ii Minimum lot frontage 60 m (200 ft.)
iii. The barn existing on June 9, 2003 shall be used for dry storage only.
8.5.15
RU2-15 Zone (Lot 6, Conc. 1 M.T., Hallowell Ward)
Notwithstanding the provisions of this By-law to the contrary, in the RU2-15 zone, the
following provisions shall apply:
i. Minimum lot area 14.1 ha (35 acres)
8.5.16
RU2-16 Zone (Lot 66, Conc. Gerow Gore, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, in the RU2-16 zone, the
following provisions shall apply:
i. Minimum lot area 14.2 ha (35 ac)
8.5.17 RU2-17 Zone (Part of Lot 3, Concession II, SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-17 Zone, the
following provisions shall apply:
i. Minimum lot area 18.0 ha (44.4 ac.)
ii. Existing or new out buildings or accessory buildings shall be used for storage purposes only
and at no time shall they be used for the purpose of housing livestock.
8.5.18 RU2-18 Zone (Part of Lot 17 & 18, Conc. 2, Hillier Ward)
Notwithstanding the provisions of this By-law to the contrary, in the RU2-18 zone, the
following provisions shall apply:
i. Minimum lot area 12.1 ha (30 acres)
8.5.19 RU2-19 Zone (Part of Lot 7, Conc. 2, 629 Closson R., Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, in the RU2-19 zone, the
following provisions shall apply:
i. A winery is an additional permitted non-residential use.
ii. Minimum lot area 14.5 ha (35.8 acres)
iii. Minimum setbacks from Clossen Road of the timber framed barn and of the timber framed
driving shed shall be equal to the setbacks existing as of 25 August, 2003.
iv. Site Plan Control shall apply to any development.
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8.5.20 RU2-20 Zone (Greer Road, Part of Lot 21, Conc. 2, Hillier Ward)
Notwithstanding the provisions of this By-law to the contrary, in the RU2-20 zone, the
following provisions shall apply:
i. Minimum Lot Area 10.1 ha (25 ac.)
ii. Minimum setback from the rear boundary with the EP-W zone 40 m (131 ft.)
iii. The permitted uses shall be limited to the following:
1. winery
2. banquet function to serve a maximum of 40 persons a maximum of 20 times per year,
but excluding a restaurant
3. farm produce outlet
4. vineyard
5. accessory dwelling
iv. Site plan approval shall be required prior to issuance of any building permit.
8.5.21 RU2-21 Zone (Lot Gore M & Lot 2, Conc. 1 N.S.B., North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, in the RU2-21 zone, the
following provisions shall apply:
i. Minimum lot area 18.5 ha
8.5.22 RU2-22 Zone (Watson & Kimball) (Lots 1, 2, 3 and 4, Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, in the RU2-22 zone, the
following provisions shall apply:
i. Minimum lot area 13 ha (32 acres)
8.5.23 RU2-23 Zone (Ostrander, Pt. Lot A, Conc. SPEB, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, in the RU2-23 zone, the
following provisions shall apply:
i.
The two (2) dwellings existing at the date of passing of this by-law, including any future
additions and/or improvements thereto, are permitted uses.
8.5.24 RU2-24 Zone (Lots 63 & 64), Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-24 zone, the
following provisions shall apply:
i. Minimum lot area 14.1 ha (35 ac)
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100
8.5.25 RU2-25 Zone (Lot 20, Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-25 zone, the
following provisions shall apply:
i. Minimum lot area 9 ha (22.2 ac)
ii. Minimum lot frontage 0 m (0 ft)
iii. The written approval of Quinte Conservation shall be required prior to the issuance of an
access, septic, or building permit.
8.5.26 RU2-26 Zone (Part of Gore BB, Conc. 1, Athol and Hallowell Wards)
Notwithstanding any provisions of this By-law to the contrary, within the RU1-52 zone, the
following provisions shall apply:
i Minimum lot area 16 ha (39.5 acres)
ii Minimum lot frontage 0 metres (0 ft.)
8.5.27 RU2-27 Zone (Part of Lot 2, Concession 1, NWWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-27 Zone, the
following provisions shall apply:
i. Minimum lot frontage 0 m (0 ft.)
ii. The only permitted buildings and structures shall be agricultural use buildings and structures.
iii. Residential uses and dwellings shall not be permitted.
iv. Access to the lot may be provided by a private right-of-way from Gilead Road.
v. There is no commitment or requirement by the municipality to assume year round
maintenance of the seasonally maintained road and levels of service provided to the lot may
be limited or reduced, including the level of emergency response to the lot.
8.5.28
RU2-28 Zone (Part of Lot 2, Concession I, NWWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-28 Zone, the
following provisions shall apply:
i. Minimum lot frontage 0 m (0 ft.)
ii. The use of the barn existing on the property on the day of passing of this By-law shall be
restricted to dry storage only.
iii. Access to the lot may be provided by a private right-of-way from Gilead Road.
iv. There is no commitment or requirement by the municipality to assume year round
maintenance of the seasonally maintained road and levels of service provided to the lot may
be limited or reduced, including the level of emergency response to the lot.
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8.5.29 RU2-29 Zone (Huff Estates Inc. Pt. Lot 65, Conc. Gerow Gore, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-29 Zone, the
following provisions shall apply:
i.
In addition to the uses normally permitted in the RU2 Zone, the following
uses shall also be permitted:
-
A winery, including wine processing, storage, display, tasting, sales
and administrative facilities;
A tourist establishment;
A retail store accessory to the winery and/or Inn uses;
A vineyard;
A farm produce retail outlet;
Uses that are normally incidental, subordinate and accessory to the
main permitted uses.
(ii)
The following zone provisions shall specifically apply to a tourist
establishment use:
a)
The maximum number of overnight guest accommodation units
permitted shall be 20 units;
b)
The maximum building height shall be 35 feet (10.7 m);
c)
The minimum rear yard depth shall be 600 feet (183 m);
d)
A minimum 4.5 metre (14.76 feet) wide landscaped buffer area
containing a combination of evergreen trees and/or shrubs shall
be provided and maintained in the area to the north of the tourist
establishment use so as to produce a visual screen at least 6 feet
(1.8 metres) in height at maturity.
(iii)
The Site Plan Control provisions of Section 41 of the Planning Act,
R.S.O. 1990, c.P.13, as amended, shall apply to the lands zoned RU2-29.
Prior to the construction of the tourist establishment use, a Site
Development Agreement shall be entered into between the Owner and
the Municipality, addressing the Municipality’s requirements for
development of the lands, including, but not limited to, the requirement
for obtaining the necessary approvals of the proposed private water and
private sewage systems from the appropriate authority.
(iv)
Notwithstanding any section of this By-law to the contrary, the two
separately conveyable lots zoned RU2-29 totalling approximately 19.0
ha. (46.9 acres) of land are one lot for the purposes of this By-law.
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8.5.30 RU2-30 Zone (Rapkin, Lot 19, Conc. RPEB, South Marysburgh Ward)
(Del-Gatto, Lot 20, Conc. LSWCV, North Marysburgh Ward)
(Elliott, Pt. Lot 24, Conc. 3, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-30 Zone, the
following provisions shall apply:
i.
In addition to the uses normally permitted in the RU2 Zone, the
following uses shall also be permitted:
-
iii.
8.5.31
A winery, including wine processing, storage, display, and
administrative facilities;
A retail / tasting facility;
A vineyard;
Uses that are normally incidental and accessory to the main
permitted uses.
The requirements of Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as
amended, relating to Site Plan Control shall apply to the lands zoned RU2-30.
RU2-31 Zone (Loyalist Coast Land Co. Ltd., Lot 9, Conc. LSWCV, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-31 Zone, the
following provisions shall apply:
i.
In addition to the uses normally permitted in the RU2 Zone, the
following uses shall also be permitted:
- accessory farm accommodation,
- a bakery for the baking and selling of pies, cakes, etc., using produce
grown primarily on the farm and related retail goods
- uses normally incidental and accessory to the foregoing.
ii. The barn existing on the date of passing of this by-law shall be limited to dry
storage only.
8.5.32 RU2-32 Zone (474103 Ontario Inc., Lots 1 & 2, Conc. 2, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-32 Zone, the
following provisions shall apply:
i.
In addition to the uses normally permitted in the RU2 Zone, the
following uses shall also be permitted:
- An agricultural Pest Control Business, and associated storage and
maintenance space.
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Comprehensive Zoning By-law
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8.5.33
103
RU2-33 Zone (Town Line Farms Ltd. Pt Lot 1, Conc. 1, Hillier Ward)
(Moore, Pt. Lot 81, Conc. 5, Hillier Ward)
(O’Hara, Pt. Lot 84, Conc. 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-33 Zone, the
following provisions shall apply:
i. The only permitted buildings and structures shall be agricultural use buildings and structures.
ii. Residential uses and dwellings shall not be permitted.
8.5.34
RU2-34 Zone (Rutt, Pt. Lot 10, Conc. SECP, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-34 Zone, the
following provisions shall apply:
i.
8.5.35
No livestock (including but not limited to horses, ponies, chickens, cows, pigs, sheep and
goats) shall not be permitted on the lands zoned RU2-34.
RU2-35 Zone (Osborne, Lot 6, Conc. SECP, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU2-35 Zone, the
following provisions shall apply:
i.
The use of the barn existing at the date of passing of this by-law shall be limited to dry
storage only.
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SECTION 9 RURAL 3 (RU3) ZONE
No person shall within any Rural 3 (RU3) Zone use any land or erect, alter or use any building or
structure except in accordance with the following provisions:
9.1
PERMITTED RESIDENTIAL USES
9.1.1
one single detached dwelling
9.1.2
home business
9.1.3
rural home business
9.1.4
private home day care
9.1.5
bed and breakfast establishment
9.1.6
group home
9.1.7
uses, buildings and structures accessory to the foregoing permitted uses
9.1.8
accessory farm accommodation
9.2
PERMITTED NON-RESIDENTIAL USES
9.2.1
agriculture
9.2.2
commercial greenhouses
9.2.3
conservation area including low impact outdoor recreation activities, nature study and wildlife
areas, or other similar use as provides for the preservation of the natural environment
9.2.4
equestrian centre
9.2.5
farm
9.2.6
farm produce outlet
9.2.7
forestry and reforestation
9.2.8
garden nursery sales and supply establishment
9.2.9
kennel
9.2.10
wayside pit and wayside quarry, in accordance with provisions of Section 4.21 of this By-law
9.2.11
maximum of two windmills in accordance with the provisions of Section 4.33 of this By-law
9.2.12
outdoor furnace in accordance with the provisions of Section 4.32 of this By-law
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9.2.13
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
9.2.14
uses, buildings and structures accessory to the foregoing permitted non-residential uses
9.3
REGULATIONS FOR PERMITTED USES
9.3.1
Minimum Lot Area
34 ha (84 ac.)
9.3.2
Minimum Lot Frontage
90 m (295 ft.)
9.3.3
Minimum Front Yard
15 m (50 ft.)
9.3.4
Minimum Exterior Side Yard
15 m (50 ft.)
9.3.5
Minimum Interior Side Yard
6 m (20 ft.)
9.3.6
Minimum Rear Yard
12 m (40 ft.)
9.3.7
Maximum Lot Coverage (all buildings and structures)
10 %
9.3.8
Minimum Landscaped Open Space
30 %
9.3.9
Maximum Height of Buildings
10 m (33 ft.)
9.3.10 Maximum Number of Dwelling Units Per Lot
1
9.3.11 Minimum Dwelling Unit Area Requirement
90 m (970 sq. ft.)
2
9.3.12 Maximum Number of Accessory Farm Accommodation Units 3
9.4
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Rural 3 (RU3) Zone and any special zone thereunder, shall apply and be
complied with.
9.5
SPECIAL RURAL 3 (RU3) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
9.5.1
RU3-1 Zone (Part of Lot 21 and 22, Concession I, North Black River, South Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-1 Zone, the
following provisions shall apply:
i. Residential uses are prohibited within 500 m (1,640 ft.) of the northeast corner of the lot.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
9.5.2
106
RU3-2 Zone (Part of Lot 10 & 11, Concession SSWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-2 Zone, the
following provisions shall apply:
i. Minimum lot frontage 8 m (26.2 ft.)
9.5.3
RU3-3 Zone (Part of Lot 14, Concession 2, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-3 Zone, the
following provisions shall apply:
i. The barn existing on the date of passing of this by-law shall be used for the purpose of dry
storage only.
ii. The keeping of livestock in the existing barn is prohibited.
iii. Minimum lot frontage 55 m (180.4 ft.)
9.5.4
RU3-4 Zone (Part of Lot 1, Concession 1, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-4 Zone, the
following provisions shall apply:
i. The following uses shall also be permitted:
1. The sale and service of boats, boat motors and boat trailers
2. The sale of fishing tackle and bait
3. The provision of docking and launching facilities for boats
9.5.5
RU3-5 Zone (Part of Lots 78 & 79, Concession 3, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-5 Zone, the
following provisions shall apply:
i. The housing of livestock in the barn existing on the date of passing of this by-law is restricted
to horses only with a maximum number of eighteen (18) as per the MDS II calculation.
9.5.6
RU3-6 Zone (Part of Lots 87 & 88, Concession 3, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-6 Zone, the
following provisions shall apply:
i. The only permitted uses will those existing on the date of passing of this by-law.
ii. Minimum front yard 79.0 m (259.1 ft.)
9.5.7
RU3-7 Zone (Part of Lots 101, 102 & 103, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-7 Zone, the
following provisions shall apply:
i. The following non-residential uses shall also be permitted:
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October 23, 2006
107
1. Motor vehicle and farm implement welding and fabrication
2. Production of antique motor vehicle fibreglass reproductions
3. Enclosed dry storage including the storage of motor vehicles
9.5.8
RU3-8 Zone (Part of Lots 14 & 15, Concession Lakeside, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-8 Zone, the
following provisions shall apply:
i. The following non-residential uses shall also be permitted:
1. A winery, including wine tasting, storage, display, processing, administrative
facilities and accessory retail sales;
2. A vineyard;
3. A restaurant located within an existing building, having a gross floor area of not
2
more than 60 m (650 sq. ft.) And a maximum seating capacity of 36 people
within the existing building and/or adjacent patio area;
4. An existing cemetery;
5. Uses that are normally incidental and accessory to the foregoing.
ii. The Site Plan control provisions of Section 41 of the Planning Act, R.S.O., 1990 shall apply.
9.5.9
RU3-9 Zone (Quinte Country School, Part of Lot 8, Concession 1, SECP., Hallowell
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-9 Zone, the
following provisions shall apply:
i. In addition to the uses permitted in the RU3 Zone, a private school and uses, buildings and
structures accessory and incidental thereto shall be permitted.
9.5.10 RU3-10 Zone (Lots 75 & 76, Conc. 2, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RU3-10 zone, the
following provisions shall apply:
i. Minimum lot area 32 ha (80 ac)
9.5.11 RU3-11 Zone (Lots 1, 2, 3 and 4, Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding the provisions of this By-law to the contrary, within the RU3-11 zone, the
following provisions shall apply:
i. Minimum lot area 29 ha (71.7 acres)
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9.5.12 RU3-12 Zone (Granger, Pt. Lots 11 & 12, Conc. 3, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-12 Zone, the
following provisions shall apply:
i.
In addition to the uses normally permitted in the RU3 Zone, the following uses shall also
be permitted:
-a winery, including tasting, storage, display, processing and administrative
facilities,
-vineyards,
-a farm produce retail outlet,
-uses that are normally incidental and accessory to the foregoing.
ii.
The barn existing on the date of passing of this by-law and any future improvements or
additions thereto shall not be used for the housing of livestock.
iii.
The requirements of Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned RU3-12.
9.5.13 RU3-13 Zone (Lot 19 and Block, Conc. 2 S.B.R. & R.P.E.B., South Marysburgh Ward)
Notwithstanding the provisions of this By-law to the contrary, within the RU3-13 zone, the
following provisions shall apply:
i. The minimum setback from County Road 10 for any building shall be the setback of the
single detached dwelling existing on the date of passing of this by-law.
9.5.14 RU3-14 Zone (Lots 41, 42, 43 and 44, Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-14 zone, the
following provisions shall apply:
i. Minimum lot frontage 52 m (171 ft.)
ii. Keeping of livestock is not a permitted use.
iii. The barn in existence on April 28, 2003 shall be used for dry storage only.
9.5.15 RU3-15 Zone (Lots 63 & 64, Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-15 zone, the
following provisions shall apply:
i. Minimum lot area 30.3 ha (75 ac)
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October 23, 2006
109
9.5.16 RU3-16 Zone (Fleugel & Roughan, Waupoos Is., North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-16 zone, the
following provisions shall apply:
i.
Access to the lot is provided by a seasonally maintained municipal road on Waupoos
Island, which does not have a direct transportation link to the mainland.
ii.
There is no commitment or requirement by the municipality to assume year round
maintenance of the seasonally maintained road and levels of service provided to the lot
may be limited or reduced, including the level of emergency response to the lot.
9.5.17 RU3-17 Zone (Reynolds Brothers Ltd., Pt. Lot 11, Conc. 3 MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-17 zone, the
following provisions shall apply:
i. The permitted use of the existing barn, located adjacent to County Road No. 4, is restricted to
dry storage only. The keeping of livestock in this barn is not permitted on the lands zoned
RU3-17.
9.5.18 RU3-18 Zone (Casa-Dea Holding, Pt. Lot 23, Conc. 2, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-18 zone, the
following provisions shall apply:
i.
In addition to the uses normally permitted in the RU3 Zone the following uses shall also
be permitted:
- a winery, including wine tasting, retail, storage, display, processing
and administrative functions,
- a café located within the winery building containing a maximum of
44 seats for patrons,
- a farm produce retail outlet,
- a vineyard, and
- uses normally incidental and accessory to the foregoing.
ii.
the requirements of Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned RU3-18.
9.5.19 RU3-19 Zone (Town Line Farms Ltd., Pt. Lots 1 & 2, Conc. 2, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-19 zone, the
following provisions shall apply:
i.
In addition to the uses normally permitted in the RU3 Zone the following use shall also
be permitted:
- a maximum of 5 migrant workers cottages.
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110
9.5.20 RU3-20 Zone (Kennington, Pt. Lot 17, Conc. 2 SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-20 Zone, the
following provisions shall apply:
i.
Minimum lot frontage – 0 metres (0 feet)
9.5.21 RU3-21 Zone (Bland, Pt. Lot 97, Conc. 4, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-21 Zone, the
following provisions shall apply:
i.
Minimum lot frontage – 0 metres (0 feet)
ii.
Access to the lot may be provided by an existing private right-of-way.
iii.
A single family dwelling shall not be permitted on the lands zoned RU3-21.
9.5.22 RU3-22 Zone (Morgan & Mayhew, Pt. Lots 3, 4, 5 & 6, Conc. OR, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-22 Zone, the
following provisions shall apply:
i.
The former poultry barn shall be limited to dry storage only and the keeping of livestock
shall not be a permitted use.
9.5.23 RU3-23 Zone (Hagerman, Lots 14 & 15, Conc. 2 MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-23 Zone, the
following provisions shall apply:
i.
Agricultural buildings and structures are the only permitted uses and a single-family
dwelling house shall not be permitted on the lands zoned RU3-23.
9.5.24 RU3-24 Zone (Cluett, Lots 25 & 26, Conc. 1, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RU3-23 Zone, the
following provisions shall apply:
i.
The existing barn shall be limited to dry storage only and the keeping of livestock shall
not be a permitted use.
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October 23, 2006
111
SECTION 10 URBAN RESIDENTIAL TYPE ONE (R1) ZONE
No person shall within any Urban Residential Type One (R1) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
10.1
PERMITTED RESIDENTIAL USES
10.1.1
one single detached dwelling
10.1.2
converted dwelling with a maximum of two dwelling units provided the lot is serviced by both
public water and sanitary sewer system
10.1.3
home business
10.1.4
private home day care
10.1.5
bed & breakfast establishment
10.1.6
group home
10.1.7
uses, buildings and structures accessory to the foregoing permitted uses
10.2
10.2.1
10.3
10.3.1
10.3.2
10.3.3
PERMITTED NON-RESIDENTIAL USES
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
REGULATIONS FOR PERMITTED RESIDENTIAL USES
Minimum Lot Area
2
i.
Lot serviced by a public water and sanitary sewer systems 460 m (4,950 sq. ft.)
ii.
Lot serviced by a public water or a sanitary sewer system 930 m (10,010 sq. ft.)
iii.
Lot serviced by private individual water supply and
sewage disposal systems
2
2
4047 m (43,563 sq. ft.)
Minimum Lot Frontage
i.
Lot serviced by a public water and sanitary sewer system
15 m (49.2 ft.)
ii.
Lot serviced by a public water or a sanitary sewer system
30 m (98.5 ft.)
iii.
Lot serviced by private individual water supply and
sewage disposal systems
45 m (147.6 ft.)
Minimum Front Yard
7.5 m (24.6 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
10.3.4
Minimum Exterior Side Yard
10.3.5
Minimum Interior Side Yard
for each partial or additional storey above the first
10.3.6
Minimum Rear Yard
10.3.7
Maximum Lot Coverage (all buildings and structures)
112
7.5 m (24.6 ft.)
1.2 m (3.9 ft.) plus 0.6 m (2 ft.)
7.5 m (24.6 ft.)
i. Lot serviced by a public water and sanitary sewer systems
35%
ii. Lot serviced by a public water or a sanitary sewer system
25%
iii. Lot serviced by private individual water supply and
sewage disposal systems
15%
10.3.8
Minimum Landscaped Open Space
30%
10.3.9
Maximum Height of Buildings
10 m (33 ft.)
10.3.10
Maximum Number of Dwelling Units Per Lot
2
10.3.11
Minimum Floor Area
75 m2 (807.3 sq. ft.)
10.4
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Urban Residential Type One (R1) Zone and any special zone thereunder,
shall apply and be complied with.
10.5
SPECIAL URBAN RESIDENTIAL TYPE ONE (R1) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
10.5.1
R1-1 (Daimler Modular Home Park, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-1 Zone, the
following provisions shall apply:
i. Permitted Uses
1. modular home park
2. modular home dwelling
3. single detached dwelling
4. an administrative, recreational and commercial complex
5. an accessory works building and storage compound area
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6. a private park
7. a convenience store as an accessory commercial use to a modular home park
ii. Regulations for Modular Home Dwelling and Single Detached Dwelling
1. Minimum Site Area
2. Minimum Site Frontage
3. Minimum Front Yard
4. Minimum Side Yard
5. Minimum Exterior Side Yard
6. Minimum Rear Yard
7. Maximum Site Coverage
8. Minimum Floor Area
9 Maximum Height
10. Minimum Width of a Modular
Home or Dwelling Unit
11. Minimum Landscaped Open Space
per Modular Home Site
460 m2 (4951 sq. ft.)
15 m (49.2 ft.)
7.5 m (24.6 ft.)
1.0 m (3.28 ft.)
3 m (9.84 ft.)
7.5 m (24.6 ft.)
40%
85 m2 (914 sq. ft.)
9 m (29.5 ft.)
6.5 m (21.3 ft.)
35%
iii. Regulations for an Administrative, Recreational and Commercial Complex
1. Minimum Site Area
2. Minimum Site Frontage
3. Minimum Front Yard
4. Minimum Side Yard
5. Minimum Rear Yard
6. Maximum Site Coverage
7. Minimum Recreational Floor Area
8. Maximum Commercial Floor Area
8,000 m2 (1.97 ac.)
60 m (196.8 ft.)
7.5 m (24.6 ft.)
7.5 m (24.6 ft.)
7.5 m (24.6 ft.)
35%
185 m2 (1991 sq. ft.)
110 m2 (1184 sq. ft.)
iv. Provisions for an Accessory Works Building and Storage Compound Area
1. Minimum Site Area
2. Maximum Site Coverage
4,047 m2 (1.0 ac.)
20%
v. Provisions for a Convenience Store Accessory to a Modular Home Park
1. Maximum Floor Area
110 m2 (1184 sq. ft.)
vi. All buildings and structures permitted in the R1-1 Zone shall be serviced by municipal
sanitary sewer and municipal water systems.
vii. A detached dwelling or modular home may be utilized as a dwelling unit sales office, in
which case the regulations in Section 10.5.1 ii shall apply.
viii. All lots, uses, buildings and structures may front onto and obtain access from a private
road.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
114
10.5.2 R1-2-H Zone (Daimler Retirement Parks Limited, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-2 Zone the
following provisions shall apply:
i. Permitted Uses
1. Single detached dwellings and duplex dwellings which are on-site built, on
individual freehold lots.
2. Home business
3. Open space uses
ii. Provisions for Permitted Uses
1. Single detached dwelling:
2
a. Minimum lot area 450 m (4843.9 sq. ft.)
b. Minimum lot frontage 15 m (49.2 ft.)
c. Minimum front yard 7.5 m (24.6 ft.)
d. Minimum side yard 1 m (3.2 ft.)
e. Minimum exterior side yard 3 m (9.8 ft.)
f. Minimum rear yard 7.5 m (24.6 ft.)
g. Maximum lot coverage 40%
2. Duplex dwellings:
2
a. Minimum lot area 674 m (7,255 sq. ft.)
2
b. Minimum lot area per dwelling unit 337 m (3,627.5 sq. ft.)
c. Minimum lot frontage 18 m (59.05 ft.)
d. Minimum front yard 7.5 m (24.6 ft.)
e. Minimum side yard 1.2 m (3.9 ft.)
f. Minimum exterior side yard 3 m (9.8 ft.)
g. Minimum rear yard 7.5 m (24.6 ft.)
h. Maximum lot coverage 40%
3. Lots for single detached dwellings and duplex dwellings may front upon and obtain
access from a private road.
4. The "H" shall be removed when the owner has entered into a Subdivision
Agreement with the Corporation of the County, which Agreement shall address all
municipal requirements, financial and otherwise.
5. All lots, uses, buildings and structures may front onto and obtain access from a
private road.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
10.5.3
115
R1-3 Zone (Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-3 Zone the
following provisions shall apply:
i. A converted dwelling shall not be a permitted use.
ii. Minimum rear yard
15 m (49.2 ft.)
iii. All openings (including windows and doors) and electrical and heating equipment must be
above the minimum elevation of 76.4 m (G.S.C.).
10.5.4
R1-4-H Zone (Plan No. 15 & No. 16 and Part of Lot 194, Plan 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-4 Zone, the
following provisions shall apply:
i. Minimum lot frontage 13.7 m (44.9 ft.)
ii. Prior to the removal of the “Holding” (-H) symbol, the only uses, buildings or structures
permitted shall be the uses existing as of March 30, 2003 and one model home for purposes
of marketing the future subdivision, approved in writing by the County Chief Building
Official.
iii. A By-law shall not be enacted to remove the “Holding” (-H) symbol until such time as a
subdivision agreement between the County and the Owner has been executed addressing,
among other things, site services, access, parkland and financial requirements and that the
final plan has been approved fro registration by the County.
iv. Upon removal of the Holding (-H) symbol by Council, the uses and zone provisions of the
R1-4 Zone shall apply to the lands so designated.
10.5.5
R1-5 Zone (Doris Richardson, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-5 Zone the
following provisions shall apply:
i. Two single detached dwellings shall be permitted.
ii. Provisions for permitted uses
1. Dwelling No. 1 (Southerly Dwelling)
(a) Minimum Front Yard 0 m (0 ft.)
(b) Minimum Rear Yard 0.95 m (3.1 ft.)
2. Dwelling No. 2 (Northerly Dwelling)
(a) Minimum Front Yard 3.75 m (12.3 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
116
(b) Minimum Side Yard 0.75 m (2.46 ft.)
(c) Minimum Rear Yard 1.75 m (5.74 ft.)
10.5.6
R1-6 Zone (Halloran, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-6 Zone the
following provisions shall apply:
i. Permitted uses shall be limited to the single detached dwelling and garage existing on the day
of passing of this By-law.
ii. Minimum Lot Area 270 m2 (2906 sq. ft.)
iii. Minimum Lot Frontage 10.5 m (34.4 ft.)
iv. Minimum Front Yard 5.1 m (16.7 ft.)
v. Minimum Rear Yard 4.6 m (15.09 ft.)
vi. Minimum Rear Yard for a garage accessory to the main dwelling 0.76 m (2.49 ft.)
vii. Minimum Side Yard for a garage accessory to the main dwelling 0 m (0 ft.)
viii. Maximum lot coverage for accessory buildings, including a garage 8.5%
10.5.7
R1-7 Zone (Channel, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-7 Zone the
following provisions shall apply:
i. Minimum Lot Area 6,070 m2 (1.49 ac.)
ii. Minimum Rear Yard Depth 106 m (347.7 ft.)
10.5.8
R1-8 Zone (Channel, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-8 Zone the
following provisions shall apply:
i. Minimum Lot Area 1 ha (2.47 ac.)
ii. Minimum Lot Frontage 30.5 m (100 ft.)
iii. Minimum Front Yard 15.2 m (49.8 ft.)
iv. Minimum Interior Side Yard 6 m (19.6 ft.)
v. Minimum Rear Yard 15.2 m (49.8 ft.)
10.5.9
R1-9 Zone (Open Season Lodge, Tourist Establishment, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-9 Zone the
following provisions shall apply:
i. In addition to the uses permitted in the R1 Zone, a tourist establishment existing on the date of
passing of this by-law shall also be a permitted use.
ii. Minimum Lot Area 1,580 m2 (17,007 sq. ft.)
iii. Minimum Lot Frontage 18 m (59 ft.)
iv. Minimum Front Yard 3 m (9.8 ft.)
v. Minimum Eastern Side Yard for Main Dwelling 0.3 m (0.98 ft.)
vi. Minimum Western Side Yard for Main Dwelling 7.6 m (24.9 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
117
vii. Minimum Side Yard for Rental Cottages 0.3 m (0.98 ft.)
10.5.10
R1-10 Zone (Warrick, 2 Hill Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-10 Zone, the
following provisions shall apply:
i. The building existing on the date of passing of this by-law may be converted to a maximum
of three dwelling units.
ii. The parking requirements may be satisfied by the establishment of the requisite number of
parking spaces within a part of the allowance for Johnson Street immediately adjoining.
10.5.11
R1-11 Zone (29 Queen Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-11 Zone, the
following provisions shall apply:
i. An additional permitted use of the single detached dwelling existing on the date of passing of
this by-law shall be a residential home exclusively for senior citizens and accommodating not
more than six (6) such senior citizens.
ii. The minimum number of off-street parking spaces required shall be five (5).
10.5.12
R1-12 Zone (27 Union Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-12 Zone, the
following provisions shall apply:
2
i. Minimum lot area 427 m (4,596.3 sq. ft.)
ii. Minimum front yard 0 m (0 ft.)
iii. Minimum side yard, east side 0 m (0 ft.)
iv. There shall be no driveway or vehicle access of any kind from the property to Union Street.
10.5.13
R1-13 Zone (Dyke, 44 King Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-13 Zone, the
following provisions shall apply:
i. A permitted use shall be two single detached dwellings being the original house that existed
on the date of passing of this by-law and the second located in the carriage house existing on
the date of passing of this by-law.
ii. Minimum lot frontage
17 m (56 ft.)
iii. The minimum rear yard and the minimum side yard for the existing carriage house shall be 0
m (0 feet).
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
118
10.5.14 R1-14 Zone (Wager, 6 South Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-14 Zone, the
following provisions shall apply:
i. A permitted use shall be two single detached dwellings, one such dwelling being that existing
on the said lands on the date of passing of this by-law and the second such dwelling being
constructed on a concrete foundation existing on the said lands on the date of passing of this
by-law.
ii. The minimum side yard requirement with respect only to the buildings existing at the date of
passage of this by-law shall be 0.3 m.
10.5.15
R1-15 Zone (Hill Street, Part Lot 110, Registered Plan No. 24, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-15 Zone, the
following provisions shall apply:
i. Minimum lot frontage 13 m (42.65 ft.)
ii. Minimum front yard 2.44 m (8.0 ft.)
iii. Minimum setback from the edge of the escarpment 3 m (9.84 ft.)
10.5.16
R1-16 Zone (Hill Street, Part Lot 110, Registered Plan No. 24, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-16 Zone, the
following provisions shall apply:
i. Minimum front yard 2.44 m (8.0 ft.)
ii. Minimum setback from the edge of the escarpment 3 m (9.84 ft.)
10.5.17
R1-17 Zone (120 Church Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-17 Zone, the
following provisions shall apply:
i. Minimum lot area 2,428 m2 (26,135.6 sq. ft.)
ii. Minimum lot frontage 106 m (347.76 ft.)
10.5.18
R1-18 Zone (108 Mary Street, Part of Lot 792, Registered Plan 24, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-18 Zone, the
following provisions shall apply:
2
i. Minimum lot area 418 m (4,500 sq. ft.)
ii. Minimum lot frontage 12.1 m (40.0 ft.)
iii. Minimum front yard 0.9 m (3.0 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
10.5.19
119
R1-19 Zone (Lot 109, Plan 28, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-19 Zone, the
following provisions shall apply:
i. Minimum lot area 0.66 ha (1.6 ac.)
ii. Minimum lot frontage 30.0 m (98.4 ft.)
10.5.20
R1-20 Zone (Lot 108, Plan 28, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-20 Zone, the
following provisions shall apply:
i. The permitted residential uses shall include two single detached dwellings.
ii. Minimum lot area 0.42 ha (1.0 ac.)
iii. Minimum lot frontage 28.0 m (91.8 ft.)
10.5.21
R1-21 Zone (Lot 107, Plan 28, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-21 Zone, the
following provisions shall apply:
i. Minimum lot area 0.32 ha (0.79 ac.)
ii. Minimum lot frontage 39.0 m (127.9 ft.)
10.5.22
R1-22 Zone (Part of Lot 103 & Lot 104, LRCP 28, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-22 Zone, the
following provisions shall apply:
i. A second dwelling existing on the date of passing of this by-law shall be a permitted
accessory use to the main dwelling located on the same lot.
ii. Minimum lot frontage 9.75 metres (32 ft.)
10.5.23
R1-23 Zone (Part Lot 20, Concession 3, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-23 Zone, the
following provisions shall apply:
2
i. Minimum lot area 3300 m (35,522 sq. ft.)
ii. Minimum lot frontage 40.0 m (131.2 ft.)
10.5.24
R1-24 Zone (Part of Lot 20, Concession 1, SECP, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R1-24 Zone, the
following provisions shall apply:
i. Minimum lot area
0.24 ha (0.6 ac.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
ii. Minimum lot frontage 44.0 m (145 ft.)
iii. Minimum southerly interior side yard 24.38 m (80.0 ft.)
10.5.25
R1-25 Zone (Lots 186 & 187, Plan 24, Picton Ward)
Notwithstanding the provisions of this by-law to the contrary, within the R1-25 zone, the
following provisions shall apply:
i. Minimum lot frontage 12.2 m (40 ft.)
10.5.26
R1-26 Zone (Lot 1060 and Part of Lot 1061, Plan 24, Picton Ward)
Notwithstanding any provisions of this by-law to the contrary, within the R1-26 zone, the
following provisions shall apply:
i. Minimum front yard 5.5 m (18 ft.)
ii. Maximum height One storey
10.5.27
R1-27 Zone (Kolabinski, Picton Ward)
Notwithstanding any provisions of this by-law to the contrary, within the R1-27 zone, the
following provisions shall apply:
ii.
An office building for one (1) medical practitioner shall be a permitted use.
ii.
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended,
relating to Site Plan Control shall apply.
10.5.28
R1-28 Zone (Jowett, 2 Broad St., Picton Ward)
Notwithstanding any provisions of this by-law to the contrary, within the R1-28 zone, the
following provisions shall apply:
i.
Minimum rear yard 4.57 metres (15 feet)
120
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
121
SECTION 11 URBAN RESIDENTIAL TYPE TWO (R2) ZONE
No person shall within any Urban Residential Type Two (R2) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
11.1
PERMITTED RESIDENTIAL USES
11.1.1
one single detached dwelling
11.1.2
one unit of a semi-detached dwelling
11.1.3
one semi-detached dwelling
11.1.4
one duplex dwelling
11.1.5
converted dwelling with a maximum of two dwelling units
11.1.6
home business
11.1.7
private home day care
11.1.8
bed & breakfast establishment
11.1.9
group home
11.1.10 retirement home
11.1.11 uses, buildings and structures accessory to the foregoing permitted uses
11.2
PERMITTED NON-RESIDENTIAL USES
11.2.1
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
11.3
REGULATIONS FOR PERMITTED RESIDENTIAL USES
11.3.1
Minimum Lot Area
2
i. single detached dwelling
430 m (4,600 sq. ft.)
2
ii. one unit of a semi-detached dwelling
325 m (3,500 sq. ft.)
iii. one semi-detached dwelling
650 m (7,000 sq. ft.)
iv. duplex dwelling
560 m (6,030 sq. ft.)
2
2
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
11.3.2
122
Minimum Lot Frontage
i. single detached dwelling
13 m (43 ft.)
ii. one unit of a semi-detached dwelling
9 m (30 ft.)
iii. one semi-detached dwelling
18 m (60 ft.)
iv. duplex dwelling
18 m (60 ft.)
11.3.3
Minimum Front Yard
7.5 m (24.6 ft.)
11.3.4
Minimum Exterior Side Yard
7.5 m (24.6 ft.)
11.3.5
Minimum Interior Side Yard
i. single detached dwelling
for each partial or additional storey above the first
1.2 m (3.9 ft.) plus 0.6 m (2 ft.)
ii. semi-detached dwelling
1. on the attached side
2. on the other side
0 m (0 ft.)
2.5 m (8.2 ft.)
iii. duplex dwelling
2.5 m (8.2 ft.)
11.3.6 Minimum Rear Yard
7.5 m (24.6 ft.)
11.3.7 Maximum Lot Coverage (all buildings and structures)
35%
11.3.8 Minimum Landscaped Open Space
30%
11.3.9 Maximum Height of Buildings
10 m (33 ft.)
11.3.10 Maximum Number of Dwelling Units Per Lot
2
11.3.11 Minimum Floor Area Per Dwelling Unit
11.4
i. single detached dwelling
75 m2 (807.3 sq. ft.)
ii. semi-detached or duplex
65 m (700 sq. ft.)
2
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Urban Residential Type Two (R2) Zone and any special zone thereunder,
shall apply and be complied with.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
11.5
123
SPECIAL URBAN RESIDENTIAL TYPE TWO (R2) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
11.5.1
R2-1 Zone (8 Bridge Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R2-1 Zone, the
following provisions shall apply:
i. A permitted use of the basement or cellar only of the existing single detached dwelling shall
be a craft and gift shop.
ii. There shall be no additional parking requirement for the craft and gift shop.
iii. No outdoor advertising sign or device shall be placed or erected on the property except with
the approval of Council and following issuance of a sign permit for such sign.
11.5.2
R2-2 Zone (52 Union Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R2-2 Zone, the
following provisions shall apply:
i. The only permitted use of the house and attached garage existing on the date of passing of this
by-law shall be that of a single detached dwelling and private garage.
ii. The only permitted use of the accessory building located on the southerly portion of the lot
shall be that of the storage, refinishing and sale of antiques and used furniture, this business
to be carried on only by a member or members of the family residing in the single detached
dwelling on Lot 1236.
iii. Minimum front yard 3.7 m (12.13 ft.)
iv. Minimum rear yard
1.82 m (5.97 ft.)
v No exterior display of goods is permitted except on the 1.52 m (4.98 ft.) wide walk
immediately in front of the accessory building.
2
vi. No exterior advertising is permitted other than a single sign of not more than 0.28 m (3 sq.
ft.) in area attached to the accessory building and showing only the name and nature of the
business.
vii. Maximum height of the accessory building 4.88 m (16.0 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
11.5.3 R2-3 Zone (Lot 1060 and Part of Lot 1061, Plan 24, Picton Ward)
Notwithstanding any provisions of this by-law to the contrary, within the R2-3 zone, the
following provisions shall apply:
i. Minimum front yard 5.5 m (18 ft.)
ii. Maximum height One storey
11.5.4 R2-4 Zone (Macaulay Village, Hallowell Ward)
Notwithstanding any provisions of this by-law to the contrary, within the R2-4 zone, the
following provisions shall apply:
i. Minimum Lot Area
1. single detached dwelling 450 sq. m.
2. one unit of a semi-detached dwelling 305 sq. m.
3. one semi-detached dwelling 610 sq. m.
ii. Minimum Front Yard 6 m
iii. Maximum Lot Coverage (all buildings and structures) 46%
11.5.5 R2-5 Zone (Sensenstein, Lot 1060 and Part of Lot 1061, Plan 24, Picton Ward)
Notwithstanding any provisions of this by-law to the contrary, within the R2-3 zone, the
following provisions shall apply:
i. Minimum Front Yard – 5.5 metres (18 ft)
ii. Maximum Building Height – One (1) Storey
124
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
125
SECTION 12 URBAN RESIDENTIAL TYPE THREE (R3) ZONE
No person shall within any Urban Residential Type Three (R3) Zone use any land or erect, alter or use
any building or structure except in accordance with the following provisions:
12.1
PERMITTED RESIDENTIAL USES
12.1.1
one unit of a semi-detached dwelling
12.1.2
one semi-detached dwelling
12.1.3
one duplex dwelling
12.1.4
one triplex dwelling
12.1.5
one converted dwelling with a maximum of four dwelling units
12.1.6
townhouse dwelling
12.1.7
one unit of a townhouse dwelling
12.1.8
apartment dwelling
12.1.9
retirement home
12.1.10 senior citizens’ housing complex
12.1.11 home business
12.1.12 uses, buildings and structures accessory to the foregoing permitted uses
12.2
PERMITTED NON-RESIDENTIAL USES
12.2.1
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
12.3
REGULATIONS FOR PERMITTED RESIDENTIAL USES
12.3.1 Minimum Lot Area
2
i. one unit of a semi-detached dwelling
325 m (3,500 sq. ft.)
ii. one semi-detached dwelling
650 m (7,000 sq. ft.)
iii. duplex dwelling
560 m (6,030 sq. ft.)
iv. triplex dwelling
600 m (6,458 sq. ft.)
2
2
2
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
126
2
v. townhouse dwelling
250 m (2,700 sq. ft.) per dwelling
unit
vi. apartment dwelling
232 m (2,500 sq. ft.) per unit for
2
2
first four units, plus 46 m (495
sq. ft.) for each additional unit
12.3.2
Minimum Lot Frontage
i. one unit of a semi-detached dwelling
9 m (30 ft.)
ii. one semi-detached dwelling
18 m (60 ft.)
iii. duplex dwelling
18 m (60 ft.)
iv. triplex dwelling
18 m (60 ft.)
v. townhouse dwelling where each
unit front onto a public street
12.3.3
12.3.4
12.3.5
7 m (23 ft.) per dwelling unit
vi. townhouse dwelling which does
not front onto a public street
30 m (100 ft.)
vii. apartment dwelling
23 m (75 ft.)
Minimum Front Yard
i. all permitted uses except an apartment dwelling
7.5 m (25 ft.)
ii. apartment dwelling
9 m (30 ft.)
Minimum Exterior Side Yard
i. all permitted uses except an apartment dwelling
7.5 m (25 ft.)
ii. apartment dwelling
9 m (30 ft.)
Minimum Interior Side yard
i. semi-detached dwelling
1. on the attached side
2. on the other side
0 m (0 ft.)
2.5 m (8.2 ft.)
ii. duplex dwelling
2.5 m (8.2 ft.)
iii. triplex dwelling
2.5 m (8.2 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
12.3.6
127
iv. townhouse dwelling
1. on the attached side
2. on the other side
0 m (0 ft.)
2.5 m (8.2 ft.)
v. apartment dwelling
4.5 m (15 ft.)
Minimum Rear Yard
i. all permitted uses except an apartment dwelling
7.5 m (25 ft.)
ii. apartment dwelling
9 m (30 ft.)
12.3.7
Maximum Lot Coverage (all buildings and structures)
35%
12.3.9
Minimum Landscaped Open Space
35%
12.3.10
Maximum Height of Buildings
15 m (50 ft.)
12.3.11 Minimum Floor Area Per Dwelling Unit
2
i. semi-detached, duplex or triplex
65 m (699.7 sq. ft.)
ii. converted dwelling
60 m (645.86 sq. ft.)
2
iii. apartment dwelling
12.4
2
1. bachelor unit
46 m (495.16 sq. ft.)
2. one bedroom apartment unit
55 m (592.0 sq. ft.)
3. two bedroom apartment unit
60 m (645.86 sq. ft.)
4. more than two bedroom apartment unit
65 m (699.68 sq. ft.)
5. senior citizen apartment unit
42 m (452.1 sq. ft.)
2
2
2
2
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Urban Residential Type Three (R3) Zone and any special zone thereunder,
shall apply and be complied with.
12.5
SPECIAL RESIDENTIAL 3 (R3) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
12.5.1
128
R3-1 Zone (Part of Lot 215, Registered Plan No. 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-1 Zone, the
following provisions shall apply:
i. Sole Permitted Use
1. One townhouse unit
ii. Regulations for Permitted Use
1. Minimum Lot Area 300 m2 (3,229.2 sq. ft.)
2. Minimum Lot Area Per Dwelling Unit 300 m2 (93,229.2 sq. ft.)
3. Minimum Lot Frontage 7.5 m (24.6 ft.)
4. Minimum Lot Frontage Per Dwelling Unit 7.5 m (24.6 ft.)
5. Minimum Front Yard 10.5 m (34.4 ft.)
6. Minimum Side Yard, West Side 1.3 m (4.26 ft.)
7. Minimum Side Yard, East Side 0 m (0 ft.)
8. Each townhouse unit shall be fully serviced by an individual connection with the
municipal water supply system.
9. Vehicular access to a permitted residential use shall be from Maple Street via the
existing private right-of-way at least 3.0 m (9.84 ft.) in width.
12.5.2
R3-2 Zone (Part of Lot 216, Registered Plan No. 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-2 Zone, the
following provisions shall apply:
i. Permitted Uses
1. One townhouse unit
ii. Regulations for Permitted Uses
1. Minimum Lot Area 215 m2 (2,314.3 sq. ft.)
2. Minimum Lot Area Per Dwelling Unit 215 m2 (2,314.3 sq. ft.)
3. Minimum Lot Frontage 5.5 m (18.04 ft.)
4. Minimum Lot Frontage Per Dwelling Unit 5.5 m (18.04 ft.)
5. Minimum Front Yard 10.5 m (34.4 ft.)
6. Minimum Side Yard 0 m (0 ft.)
8. Each townhouse unit shall be fully serviced by an individual connection with the
municipal water supply system.
9. Vehicular access to a permitted residential use shall be from Maple Street via the
existing private right-of-way at least 3.0 m (9.84 ft.) in width.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
12.5.3
129
R3-3 Zone (Part of Lot 215, Registered Plan No. 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-3 Zone, the
following provisions shall apply:
i. Sole Permitted Use
1. One townhouse unit
ii. Provisions for Permitted Uses
1. Minimum Lot Area 280 m2 (3,013.9 sq. ft.)
2. Minimum Lot Area Per Dwelling Unit 280 m2 (3,013.9 sq. ft.)
3. Minimum Lot Frontage 7.0 m (22.9 ft.)
4. Minimum Lot Frontage Per Dwelling Unit 7.0 m (22.9 ft.)
5. Minimum Front Yard 10.5 m (34.4 ft.)
6. Minimum Side Yard 0 m (0 ft.)
8. Each townhouse unit shall be fully serviced by an individual connection with the
municipal water supply system.
9. Vehicular access to a permitted residential use shall be from Maple Street via the
existing private right-of-way at least 3.0 m (9.84 ft.) in width.
12.5.4
R3-4 Zone (Part of Lot 214, Registered Plan No. 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-4 Zone, the
following provisions shall apply:
i. Sole Permitted Use
1. One townhouse unit
ii. Provisions for Permitted Uses
1. Minimum Lot Area 280 m2 (3,013.9 sq. ft.)
2. Minimum Lot Area Per Dwelling Unit 280 m2 (3,013.9 sq. ft.)
3. Minimum Lot Frontage 7.0 m (22.9 ft.)
4. Minimum Lot Frontage Per Dwelling Unit 7.0 m (22.9 ft.)
5. Minimum Front Yard 10.5 m (34.4 ft.)
6. Minimum Side Yard, East Side 1.0 m (3.28 ft.)
7. Minimum Side Yard, West Side 0 m (0 ft.)
8. Each townhouse unit shall be fully serviced by an individual connection with the
municipal water supply system.
9. Vehicular access to a permitted residential use shall be from Maple Street via the
existing private right-of-way at least 3.0 m (9.84 ft.) in width.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
12.5.5
130
R3-5 Zone (Part of Lots 99 and 100, Registered Plan No. 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-5 Zone, the
following provisions shall apply:
i. A seniors' retirement residence in which accommodation is provided for retired persons or
couples where each private or semi-private room has a separate entrance from a common hall
but where common facilities for the preparation and consumption of food are provided, and
common lounges, recreation rooms and medical care may also be provided, is a permitted
use.
ii. A maximum of 8 retired persons may be accommodated at any one time.
iii. Minimum number of required parking spaces 5
12.5.6
R3-6-H Zone (Daimler Retirement Parks Limited - Extended Care Facility, Wellington
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-6 Zone, the
following provisions shall apply:
i. Permitted Uses
The only permitted use shall be an "extended care facility". For the purpose of this
section an extended care facility shall be defined as a special care residential building
of not greater than three storeys in height, for the accommodation of the aged wherein
special care in the form of medical supervision, meal preparation and serving,
housekeeping services, laundry services, leisure services and recreational facilities, is
provided for the residents as part of a comprehensively designed and operated facility,
which extended care facility may be either publicly or privately owned. Open space
uses are also permitted.
ii. Regulations for Permitted Uses
1. The maximum density for development of an extended care facility shall not exceed
75 units per net hectare with full municipal services.
2. The lands within the R3-6 Zone may front upon and obtain access from a private
road.
3. The "H" shall be removed when the owner has entered into a Site Plan Agreement
with the Corporation of the County, which Agreement shall address all municipal
requirements, financial or otherwise, in accordance with the provisions of Section
41 of the Planning Act, R.S.O. 1990, c.P.13.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
12.5.7
131
R3-7-H Zone (Daimler Retirement Parks Limited - Townhouse/Low-Rise Apartment
Block, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-7 Zone, the
following provisions shall apply:
i. Permitted Uses
1. Single detached dwellings
2. Semi-detached dwellings
3. Duplex dwellings
4. Townhouse dwellings
5. Low-rise apartments not greater than three storeys in height
6. Home business
7. Open space uses
ii. Regulations for Permitted Uses
1. Single detached dwellings:
2
a. Minimum lot area 450 m (4843.9 sq. ft.)
b. Minimum lot frontage 15 m (49.2 ft.)
c. Minimum front yard 7.5 m (24.6 ft.)
d. Minimum side yard 1 m (3.28 ft.)
e. Minimum exterior side yard 3 m (9.84 ft.)
f. Minimum rear yard 7.5 m (24.6 ft.)
g. Maximum building coverage 40%
2. Semi-detached dwellings and duplex dwellings:
2
a. Minimum lot area 674 m (7255.1 sq. ft.)
2
b. Minimum lot area per dwelling unit 337 m (3627.5 sq. ft.)
c. Minimum lot frontage 18 m (59.0 ft.)
d. Minimum front yard 7.5 m (24.6 ft.)
e. Minimum interior side yard 1.2 m (3.93 ft.)
f. Minimum exterior side yard 3 m (9.84 ft.)
g. Minimum rear yard 7.5 m (24.6 ft.)
h. Maximum building coverage 40%
3. Townhouse dwellings
a. Minimum Lot Area 700 m2 (7534.9 sq. ft.)
b. Minimum Lot Area per Dwelling Unit 230 m2 (2475.7 sq. ft.)
c. Minimum Lot Frontage per Dwelling Unit 6 m (19.68 ft.)
d. Minimum Front Yard 7.5 m (24.6 ft.)
e. Minimum Side Yard Between Attached Units 0 m (0 ft.)
f. Minimum Interior Side Yard 2.5 m (8.2 ft.)
g. Minimum Exterior Side Yard 3 m (9.84 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
132
h. Minimum Rear Yard 9 m (29.5 ft.)
i. Maximum Building Coverage 35%
4. Low-rise apartment/dwellings
a. Minimum Lot Area 1,850 m2 (19,913.8 sq. ft.)
b. Minimum Lot Area Per Dwelling Unit 230 m2 (2475.7 sq. ft.)
c. Minimum Front Yard 7.5 m (24.6 ft.)
d. Minimum Interior Side Yard 2.5 m (8.2 ft.)
e. Minimum Exterior Side Yard 3 m (9.84 ft.)
f. Minimum Rear Yard 9 m (29.5 ft)
g. Maximum Building Coverage 35%
5. The lands within the R3-7 Zone may front upon and obtain access from a private
road.
6. The "H" shall be removed when the owner has entered into a Site Plan Agreement
with the Corporation of the County, which Agreement shall address all municipal
requirements, financial or otherwise, in accordance with the provisions of Section
41 of the Planning Act, R.S.O. 1990, c.P.13.
12.5.8
R3-8 Zone (34 & 36 Mary Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-8 Zone, the
following provisions shall apply:
i. Minimum lot frontage 9.3 m (30.5 ft.)
2
ii. Minimum lot area 344.0 m (3,702.9 sq. ft.)
iii. Minimum side yard 1.8 m (5.9 ft.)
12.5.9
R3-9 Zone (62 King Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-9 Zone, the
following provisions shall apply:
i. Permitted Uses
1. A permitted use of the dwelling as existed on the date of passing of this by-law shall
be a residential home exclusively for senior citizens and accommodating not more
than thirteen (13) such senior citizens.
2. A permitted use of the existing barn shall be a recreational centre on the first floor
for the use of the residents of the residential home described in subsection 1.
preceding and for the use of senior citizens of the community generally, together
with a single-family dwelling unit on the second floor.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
12.5.10
133
R3-10 Zone (71 Queen Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-10 Zone, the
following provisions shall apply:
i. A permitted use of the dwelling as existed on the date of passing of this by-law shall be a
residential home exclusively for senior citizens and accommodating not more than ten (10)
such senior citizens.
12.5.11
R3-11 Zone (15 Union Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-11 Zone, the
following provisions shall apply:
i. Minimum front yard 5 m (16.4 ft.)
ii. Minimum interior side yard 3 m (9.84 ft.)
iii. Minimum exterior side yard,
for principle and accessory buildings 5 m (16.4 ft.)
iv. Minimum rear yard 5.5 m (18.04 ft.)
v. Where a parking area providing more than four (4) parking spaces abuts a street, the
minimum width of landscaped open space to be provided along the lot line abutting the
street shall be 2.4 metres (7.9 ft.).
vi The maximum projection of the eaves of a building into the side yards of such building shall
be 1 metre (3.3 ft.).
vii. The maximum number of dwelling units in a new apartment dwelling shall be eight (8).
12.5.12
R3-12 Zone (Rorabeck, 13 - 18 William Street, Part of Lot 1017, Registered Plan No. 24,
Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-12 Zone, the
following provisions shall apply:
i. The four (4) unit apartment building existing on the date of passing of this by-law, including
any future additions/improvements thereto, is a permitted use as long as the existing setbacks
from the front and side lot lines are not further reduced.
12.5.13
R3-13 Zone (346 Main Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-13 Zone, the
following provisions shall apply:
i. A permitted use of the first or main floor only of the existing dwelling shall be that of an art
gallery for the display and sale of paintings in oils, acrylics, pastels and water colours and of
sculptures.
ii. A minimum of six (6) off-street parking spaces shall be provided on the property.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
12.5.14
134
R3-14 Zone (Royal Harbour Condominiums, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-14 Zone, the
following provisions shall apply:
i. Minimum rear yard 6.0 m (19.68 ft.)
ii. Maximum building height 15.65 m (51.3 ft.)
iii. All development shall be flood proofed to the 1:100 year Lake Ontario flood elevation of
76.7 m (251.6 ft.) (G.S.C.).
12.5.15
R3-15 Zone (Westwinds Condominiums, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-15 Zone, the
following provisions shall apply:
i. Minimum lot frontage 15.24 m (50 ft.)
12.5.16 R3-16 Zone (2 to 10 Union Street, Picton Ward)
Notwithstanding any provisions of this By-Law to the contrary, within the R3-16 Zone, the
following provisions shall apply:
i. Minimum front yard 0.45 m (1.47 ft.)
ii. Minimum side yard 0.60 m (1.96 ft.)
12.5.17 R3-17 Zone (22 Union Street, Picton Ward)
Notwithstanding any provisions of this By-Law to the contrary, within the R3-16 Zone, the
following provisions shall apply:
i. Minimum front yard 0 m (0 ft.)
ii. Minimum side yard, north westerly side
0 m (0 ft.)
12.5.18 R3-18 Zone (14 Mary Street, Picton Ward)
Notwithstanding any provisions of this By-Law to the contrary, within the R3-18 Zone, the
following provisions shall apply:
i. Minimum lot frontage 27.0 m (88.58 ft.)
12.5.19 R3-19 Zone (73 King Street, Part of Lots 303 and 304, Registered Plan No. 24, Picton Ward)
Notwithstanding any provisions of this By-Law to the contrary, within the R3-19 Zone, the
following provisions shall apply:
i. The uses permitted on the lands zoned R3-19 shall be limited to a seniors’ retirement
residence capable of accommodating a maximum of nine (9) retired persons at any one time
and one (1) single storey, attached accessory dwelling unit for the owner or administrator of
the retirement home.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
135
ii. For the purposes of this section a seniors’ retirement residence shall be defined as
accommodation for retired individuals or couples where each private or semi-private room
has a separate entrance from a common hall but where common facilities for the preparation
and consumption of food are provided, common lounges and recreation rooms are provided,
and where medical care may also be provided.
iii. Minimum lot area
iv. Minimum front yard
2
857 m (9,225 sq. ft.)
4.27 m (14.0 ft.)
v. Minimum interior west side yard 3.66 m (12.0 ft.)
vi. The exterior side yard setbacks from the Centre Street road allowance that were existing on
the property on the date of passing of this by-law are permitted and shall not be further
reduced.
vii. A minimum of five (5) parking spaces shall be provided on site, which may include one
parking space provided in and attached garage.
viii. Maximum building height for a retirement residence 11.0 m (36.1 ft.)
ix. Maximum building height for an attached accessory dwelling unit for the owner or
administrator shall be 5.5 m (18 ft.)
x. The maximum density permitted shall be 95 units per hectare.
12.5.20 R3-20 Zone (Macaulay Village, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-20 zone, the
following provisions shall apply:
i. Permitted uses are limited to the following:
1. Senior citizen’s housing complex
2. Retirement home
3. Medical office uses accessory to the principle use.
ii. Maximum height
Equal to the height of the building existing as of the date of passing of this by-law.
12.5.21 R3-21 Zone (William Greer Estate, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the R3-21 zone, the
following provisions shall apply:
(i)
(ii)
(iii)
(iv)
(v)
Permitted uses shall be limited to one townhouse unit only.
Minimum lot area – 300 square metres (3229.3 sq. ft.)
Minimum lot area per dwelling unit - 300 square metres (3229.3 sq. ft.)
Minimum lot frontage – 7.5 metres (24.6 ft)
Minimum lot frontage per dwelling unit - 7.5 metres (24.6 ft)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
(vi)
(vii)
(viii)
(ix)
136
Minimum front yard depth – 10.5 metres (34.4 ft)
Minimum western side yard width – 1.3 metres (4.3 ft)
Minimum eastern side yard width – 0 metres (0 ft)
Vehicular access to a permitted residential use shall be from Maple Street via the
existing private right-of-way at least 3.0 metres (9.8 ft) in width.
12.5.22 R3-22 Zone (1598513 Ontario Inc. Lot 23, RP 121, Wellington Ward)
Notwithstanding any provisions of this by-law to the contrary, within the R3-22 Zone, the
following provisions shall apply:
(i)
The Permitted Uses shall be restricted to only the following:
-two (2) six-unit dwellings
(ii)
For the purposes of this by-law a “Six-Unit Dwelling” is defined as a
separate building that is divided into six dwelling units, each with an
independent entrance to the outside yard area adjacent to the said
dwelling unit.
12.5.23 R3-23-H Zone (1622402 Ontario Inc. Lot A, Conc. 1 NWCP, Hallowell Ward)
Notwithstanding any provisions of this by-law to the contrary, within the R3-23-H Zone, the
following provisions shall apply:
(i)
The permitted uses shall be limited to the following:
-
a seniors housing condominium project with a maximum of 20
residential units
uses normally incidental and accessory to the foregoing
(ii)
The requirements of Section 41 of the Planning Act R.S.O., 1990,c.P.13,
as amended, relating to Site Plan Control shall apply to the lands zoned
R3-23.
iii)
Refer to Amending By-law No. 1569-2005 regarding provisions to
remove ‘H’.
12.5.24 R3-24-H Zone (Cleave, Lots 694, 695 & 696, RP 24, Ward of Picton)
Notwithstanding any provisions of this by-law to the contrary, within the R3-24-H zone, the
following provisions shall apply:
i.
The maximum number of residential apartment units permitted shall be 58 units.
ii.
The minimum yard requirements for the main permitted uses shall be:
a) Front – 9.0 metres;
b) Rear – 12.0 metres;
c) Interior side yard – 8.0 metres;
d) Exterior side yard – 6.0 metres.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
137
iii.
A landscaped buffer strip having a minimum width of 10 metres shall be provided and
maintained between any residential building and the rear lot line;
iv.
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned R3-24-H.
12.5.25 R3-25 Zone (2087530 Ontario Inc., 4 Bridge Street, Ward of Picton)
Notwithstanding any provisions of this by-law to the contrary, within the R3-25 zone, the
following provisions shall apply:
(i)
A maximum of seven (7) dwelling units, comprising of six (6) townhouse units and one
(1) detached dwelling unit, shall be the only permitted use of the lands zoned R3-25.
(ii)
Front Yard Depth (Minimum)
-
2 metres (6.6 feet)
(iii) The setbacks of the detached carriage house building (former Herrington Dairy
Creamery) existing on the date of passing of this by-law and any improvements thereto
shall be permitted, however any future additions thereto shall be required to meet all
requirements of the R3 Zone.
(iv)
Landscaped Open Space (Minimum)
-
25%
(v)
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned R3-25.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
138
SECTION 13 HAMLET RESIDENTIAL (HR) ZONE
No person shall within any Hamlet Residential (HR) Zone use any land or erect, alter or use any building
or structure except in accordance with the following provisions:
13.1
PERMITTED RESIDENTIAL USES
13.1.1
one single detached dwelling
13.1.2
home business
13.1.3
private home day care
13.1.4
bed and breakfast establishment
13.1.5
group home
13.1.6
uses, buildings and structures accessory to the foregoing permitted uses
13.2
PERMITTED NON-RESIDENTIAL USES
13.2.1
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law;
13.3
REGULATIONS FOR PERMITTED RESIDENTIAL USES
13.3.1
Minimum Lot Area
1. Lot serviced by a public water system
2
1. Bloomfield and Consecon
2,000 m (21,528.5 sq. ft.)
2. Rossmore
3,000 m (32,292.8 sq. ft.)
3. All Other Hamlets
4,000 m (43,057.1 sq. ft.)
2
2
ii. Lot serviced by private individual water supply
and sewage disposal systems
13.3.2
2
4,000 m (43,057.1 sq. ft.)
Minimum Lot Frontage
i. Lot serviced by a public water system
30 m (98.4 ft.)
ii. Lot serviced by private individual water supply and
sewage disposal systems
45 m (147.6 ft.)
13.3.3
Minimum Front Yard
6 m (19.7 ft.)
13.3.4
Minimum Exterior Side Yard
6 m (19.7 ft.)
13.3.5
Minimum Interior Side Yard
3 m (9.8 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.3.6 Minimum Rear Yard
13.3.7
139
7.5 m (25 ft.)
Maximum Lot Coverage (all buildings and structures)
i. Lot serviced by a public water system
25%
ii. Lot serviced by private individual water supply and
sewage disposal systems
15%
13.3.8
Minimum Landscaped Open Space
30 %
13.3.9
Maximum Height of Buildings
10 m (33 ft.)
13.3.10
Maximum Number of Dwelling Units Per Lot
1
13.3.11
Minimum Dwelling Unit Area Requirement
75 m (807.3 sq. ft.)
13.4
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
2
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Hamlet Residential (HR) Zone and any special zone thereunder, shall
apply and be complied with.
13.5
SPECIAL HAMLET RESIDENTIAL (HR) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
13.5.1 HR-1 Zone (428 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-1 Zone, the
following provisions shall apply:
i. Minimum Front Yard 9.7 m (32 ft.)
ii. Minimum Lot Frontage 14.9 m (49 ft.)
iii. Minimum Side Yard along easterly lot line 0.9 m (3 ft.)
iv. Minimum Side Yard along westerly lot line 0.85 m (2.8 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.2
140
HR-2 Zone (464 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this By-Law, to the contrary, within the HR-2 Zone the
following provisions shall apply:
2
i. Minimum lot area 733 m (7890 sq. ft.)
ii. Minimum lot frontage 19.5 m (63.97 ft.)
iii. Minimum front yard 4.0 m (13.12 ft.)
iv. Minimum side yard 3.5 m 11.48 ft.)
13.5.3
HR-3 Zone (438 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-3 Zone the
following provisions shall apply:
2
i. Minimum Lot Area 767.5 m (8262 sq. ft.)
ii. Minimum Lot Frontage 12.8 m (42 ft.)
iii. Minimum Front Yard 2.8 m (9.1 ft.)
iv. Minimum Side Yard 1.8 m (6.0 ft.)
13.5.4
HR-4 Zone (5 Duncan Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-4 Zone the
following provisions shall apply:
2
i. Minimum Lot Area 641 m (6900 sq. ft.)
ii. Minimum Lot Frontage 18 m (59 ft.)
iii. Minimum Front Yard 2.4 m (8 ft.)
iv. Minimum Side Yard 0.9 m (3 ft.)
13.5.5
HR-5 Zone (460 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this Bylaw to the contrary, within the HR-5 Zone the
following provisions shall apply:
i. Minimum Lot Frontage 13.7 m (45 ft.)
ii. Minimum Front Yard 7.6 m (25 ft.)
iii. Minimum Side Yard 0.3 m (1 ft.)
13.5.6
HR-6 Zone (493 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-6 Zone the
following provisions shall apply:
2
i. Minimum Lot Area 1,068.4 m (11,500 sq. ft.)
ii. Minimum Lot Frontage 25.6 m (84 ft.)
iii. Minimum Front Yard 5.5 m (18 ft.)
iv. Minimum Side Yard 2.7 m (9 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.7
141
HR-7 Zone (489 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-7 Zone, the
following provisions shall apply:
2
i. Minimum Lot Area 650 m (7,000 sq. ft.)
ii. Minimum Lot Frontage 16.8 m (55 ft.)
iii. Minimum Front Yard 9.8 m (32 ft.)
iv. Minimum Side Yard 0.9 m (3 ft.)
13.5.8
HR-8 Zone (1 Peter Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-8 Zone, the
following provisions shall apply:
2
i. Minimum Lot Area 808 m (8700 sq. ft.)
ii. Minimum Lot Frontage 20.4 m (67 ft.)
iii. Minimum Front Yard 4.5 m (15 ft.)
iv. Minimum Side Yard along easterly lot line 0 m (0 ft.)
v. Minimum Side Yard along westerly lot line 2.1 m (7 ft.)
13.5.9
HR-9 Zone (17 Stanley Street, Bloomfield Ward)
Notwithstanding any provisions of this by-law to the contrary, within the HR-9 Zone, the
following provisions shall apply:
i. Minimum Front Yard 4.3 m (14 ft.)
ii. Minimum Front Yard for an accessory building 12.2 m (40 ft.)
iii One off street parking space, other than that required for the dwelling, is to be provided for
2
every 18.58 m (200 sq. ft.) of floor space of the accessory building used for the home
business.
13.5.10
HR-10 Zone (Linda Elizabeth Beatty, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-10 Zone, the
following provisions shall apply:
i. Minimum Lot Area 0.37 ha (0.93 ac)
ii. Minimum Lot Frontage 43.5 m (143 ft.)
iii. Minimum setback of any dwelling from the drainage ditch on the lands zoned HR-10 shall
be 15 m (49.2 ft.).
iv. Any development on the lands zoned HR-10 will be required to be connected to the
municipal water supply.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.11
142
HR-11 Zone (Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-11 Zone, the
following provisions shall apply:
i. Permitted Uses
1. a duplex dwelling existing on the date of passing of this by-law
2. a semi-detached dwelling existing on the date of passing of this by-law
3. group home
ii. Provisions for Permitted Uses
2
1. Minimum Lot Area 2787 m (30,000 sq. ft.)
2. Minimum Lot Frontage 50 m (165 ft.)
3. Maximum Lot Coverage 20%
4. Minimum Front Yard 15.25 m (50 ft.)
5. Minimum Side Yard 4.5 m (15 ft.)
6. Minimum Rear Yard 6.0 m (20 ft.)
7. Maximum Height 9.1 m (30 ft.)
2
8. Minimum Floor Area per dwelling unit 83.6 m (900 sq. ft.)
13.5.12
HR-12 Zone (145 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-12 Zone, the
following provisions shall apply:
i. A duplex dwelling shall also be a permitted use
ii. Minimum lot frontage 44 m (144 ft.)
iii. Minimum front yard 3.2 m (10.4 ft.)
13.5.13 HR-13 Zone (Part of Lots 1 & 2 Concession Lakeside West Cape Vesey, North
Marysburgh Ward)
(Part of Lot 1, Concession Lakeside North of Smith’s Bay, North
Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-13 Zone, the
following provisions shall apply:
i. Minimum lot area 1.2 ha (2.9 ac.)
ii. Minimum lot frontage 100 m (328 ft.)
13.5.14 HR-14 Zone (Snider, Part of Lot 1, Concession Lakeside North of Smith’s Bay, North
Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-14 Zone, the
following provisions shall apply:
i. No development shall be permitted within 15 m (49.2 ft.) of the top of any escarpment zoned
Environmental Protection (EP) Zone.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
143
13.5.15 HR-15 Zone (Part of Lot 2, Concession Lakeside West of Cape Vesey, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-15 Zone, the
following provisions shall apply:
i. Minimum lot area 0.5 ha (1.23 ac.)
ii. Minimum lot frontage 30.0 m (98.4 ft.)
13.5.16
HR-16 Zone (Part Lot 4, South of Main Street, Registered Plan No. 1, Milford, South
Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-16 Zone, the
following provisions shall apply:
2
i. Minimum lot area 1326 m (14,273 sq. ft.)
ii. Minimum lot frontage 30 m (100 ft.)
iii. Minimum front yard 0.3 m (0.98 ft.)
iv. Minimum exterior side yard 0 m (0 ft.)
v. Minimum interior side yard 19 m (62 .3 ft.)
vi. Minimum rear yard 44 m (144.3 ft.)
13.5.17
HR-17 Zone (South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-17 Zone, the
following provisions shall apply:
i. Minimum lot area 0.7 ha (1.8 ac.)
ii. Minimum front yard 13.7 m (45 ft.)
iii. Minimum interior side yard 6.0 m (20 ft.)
vi. Minimum setback from the crest of the bluff along Mill Pond 15.2 m (50 ft.)
v. The barn as existing on the date of passing of this by-law may be used for the storage of dry
goods or for a home business, in accordance with the appropriate provisions of this By-law.
The use of the barn for the raising of livestock or dairying is prohibited.
13.5.18 HR-18 Zone (Part of Lot 25, Concession 1, North of Black River, South Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-18 Zone, the
following provisions shall apply:
2
i. Minimum lot area 1,010 m (10,900 sq. ft.)
ii. Minimum lot frontage 32.0 m (105 ft.)
iii. The shed existing at the date of passing of this By-law and any future additions and/or
improvements thereto, is a permitted use provided that the existing interior side yard from
the west lot line is not further reduced.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
144
13.5.19 HR-19 Zone (Part of Lot 3, Concession 1, SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-19 Zone, the
following provisions shall apply:
i. Minimum lot area 0.11 ha (0.29 ac.)
ii. Minimum lot frontage 22.0 m (72.1 ft.)
iii. Minimum interior side yard 2.5 m (8.2 ft.)
13.5.20
HR-20 Zone (Part of Lot 3, Concession 1, SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-20 Zone, the
following provisions shall apply:
i. Minimum lot area 0.11 ha (0.29 ac.)
ii. Minimum rear yard 5.5 m (18.0 ft.)
13.5.21
HR-21 Zone (Carriage House, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-21 Zone, the
following provisions shall apply:
i. Permitted Residential Uses
1. A retirement home
2. An accessory dwelling unit
ii. Provisions for permitted uses
1. Maximum number of rooms for retirement home residents: 20
2. Retirement home residents shall not be persons requiring medical care, nursing care,
special care or assistance of any kind.
3. Minimum lot area 2 ha (4.9 ac.)
13.5.22 HR-22 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-22 Zone, the
following provisions shall apply:
i. A contractor’s yard or shop is also a permitted use.
ii. Minimum lot area 0.12 ha (0.29 ac.)
13.5.23
HR-23 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-23 Zone, the
following provisions shall apply:
i. Minimum lot area 0.13 ha (0.32 ac.)
ii. Minimum lot frontage 21.8 m (71.6 ft.)
iii. Minimum interior side yard 1.28 m (4.2 ft.)
iv. Minimum front yard 3.66 m (12 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
145
13.5.24 HR-24 Zone (Part of Lot 23, R. Plan 3, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-24 Zone, the
following provisions shall apply:
i. A residential dwelling with a maximum of four (4) units shall be permitted.
ii. Minimum lot area 0.10 ha (0.24 ac.)
iii. Minimum lot frontage 18.0 m (59.0 ft.)
iv. Minimum front yard 0 m (0 ft.)
v. Minimum interior side yard 2.25 m (7.38 ft.)
vi. Minimum rear yard 1.37 m (4.49 ft.)
vii. The minimum side yard along the north-easterly limit of the property for a distance of 10.0
m (32.8 ft.) south-easterly along the said north-easterly limit from the south-easterly limit of
Broadway Avenue shall be 0 m (0 ft.).
13.5.25
HR-25 Zone (Lot 24, R. Plan 3, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-25 Zone, the
following provisions shall apply:
i. Minimum lot area 0.10 ha (0.24 ac.)
ii. Minimum lot frontage 21.5 m (70.5 ft.)
13.5.26 HR-26 Zone (Part of Lot 37, Concession 1, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-26 Zone, the
following provisions shall apply:
i. The sale and servicing of lawnmowers in an accessory building shall be permitted as a home
business.
ii. Minimum lot area 0.22 ha (0.54 ac.)
13.5.27 HR-27 Zone (Lot A & Pt. Lots B & 3, Plan 1 and Pt. Lots 25 & 26, Concession 1, WGP,
Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-27 Zone, the
following provisions shall apply:
2
i. Minimum lot area 492.0 m (5300 sq. ft.)
ii. Minimum lot frontage 17.0 m (55.7 ft.)
iii. Minimum front yard, existing dwelling 2.13 m (7.0 ft.)
iv. Minimum interior east side yard, existing dwelling 0.76 m (2.5 ft.)
v. Minimum interior west side yard, existing garage 0 m (0 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.28
146
HR-28 Zone (Part of Lots B & 3, R. Plan 1, Northport, and Part of Lots 25 & 26,
Concession 1, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-28 Zone, the
following provisions shall apply:
2
i. Minimum lot area 464.5 m (5000 sq. ft.)
ii. Minimum interior east side yard, existing shed 0.15 m (.49 ft.)
13.5.29
HR-29 Zone (Lot 1, Plan 2, Rednersville, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-29 Zone, the
following provisions shall apply:
2
i. Minimum lot area 785 m (8450 sq. ft.)
ii. Minimum front yard setback from the centre line of County Road No. 3 shall be 17.67 m
(57.9 ft.)
iii. Minimum front yard setback from the centre line of East Street shall be 10.36 m (33.9 ft.)
iv. Maximum lot coverage, all buildings and structures shall be 17.81 %
13.5.30
HR-30 Zone (Part of Lot 62, Concession 1, Ameliasburgh Ward)
(Part of Lots 37, 38, 39, 40 & 41, Registered Plan No. 2, Consecon,
Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-30 Zone, the
following provisions shall apply:
i. Minimum lot area
13.5.31
2
1,000 m (10,764 sq. ft.)
HR-31 Zone (Part of Lot 62, Plan No. 3, Rossmore, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-31 Zone, the
following provisions shall apply:
i. The only permitted residential uses shall be:
1. townhouse dwelling
2. home business
3. uses, buildings and structures accessory to the foregoing permitted uses
ii. Regulations for permitted uses
1. Maximum number of residential dwelling units 23
2
2. Minimum lot area per dwelling unit 1070 m (11,517 sq. ft.)
2
3. Minimum residential gross floor area 93.0 m (1,001 sq. ft.)
4. Maximum height of buildings 10.6 m (34.77 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.32
147
HR-32 Zone (Part of Lot 19, Registered Plan No. 3, Rossmore, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-32 Zone, the
following provisions shall apply:
2
i. Minimum lot area 1260 m (13,562 sq. ft.)
ii. Minimum lot frontage 27.4 m (89.8 ft.)
iii. Minimum setback from high water mark shall be 18.2 m (59.7 ft.)
13.5.33
HR-33 Zone (Part of Lot 54, Registered Plan No. 3, Rossmore, Ameliasburgh Ward)
(Part of Lot 82, Concession 3, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-33 Zone, the
following provisions shall apply:
2
i. Minimum lot area 1120 m (12,055 sq. ft.)
ii. Minimum lot frontage 24.6 m (80.7 ft.)
13.5.34
HR-34 Zone (Part of Lot 54, Registered Plan No. 3, Rossmore, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-34 Zone, the
following provisions shall apply:
2
i. Minimum lot area 816 m (8,783 sq. ft.)
ii. Minimum front yard 11.8 m (38.7 ft.)
iii. Minimum side yard 1.1 m (3.6 ft.)
13.5.35
HR-35 Zone (Part of Lot 88, Registered Plan No. 3, Rossmore, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-35 Zone, the
following provisions shall apply:
2
i. Minimum lot area 1100 m (11,840 sq. ft.)
ii. A maximum of 35 % of the gross floor area of the dwelling may be used for the purposes of a
home business.
13.5.36
HR-36 Zone (Part of Lot 54, Registered Plan No. 3, Rossmore, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-36 Zone, the
following provisions shall apply:
2
i. Minimum lot area 585 m (6,297 sq. ft.)
ii. Minimum lot frontage 16.8 m (55.1 ft.)
iii. Minimum front yard 11.8 m (38.7 ft.)
iv. Minimum interior side yard 1.1 m (3.6 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.37
148
HR-37 Zone (Part of Lot 75, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-37 Zone, the
following provisions shall apply:
i. The permitted uses shall include a dwelling containing a maximum of two dwelling units.
ii. Minimum lot area
13.5.38
2
3500 m (37,675 sq. ft.)
HR-38 Zone (Rutt, Lot 6, Plan 120, Pt. Lot 10, Conc. SECP, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-38 Zone, the
following provisions shall apply:
(i)
Permitted Uses Shall be Limited to the following:
i.
ii.
iii.
ii)
Two (2) apartment dwellings, each containing a maximum of four (4) dwelling
units serviced by a piped municipal water supply and private sanitary sewage
disposal system;
Accessory buildings or structures;
A home business.
Minimum Lot Area
-
0.81 ha. (2.0 acres)
iii) Minimum Lot Frontage -
65.0 m (213.25 feet)
iv) Maximum Lot Coverage -
15%
v)
vi)
Minimum Yard Requirements
(i)
Front
(ii)
Interior Side
(iii)
Rear
Minimum Gross Floor Area
for each Dwelling Unit
vii) Maximum Building Height
12.19 m (40.0 feet)
7.62 m (25.0 feet)
12.19 m (40.0 feet)
-
42.0 m2 (452.10 feet2)
-
12.0 m (39.37 feet)
viii) A minimum 1.5 metre (4.92 feet) wide planting strip containing a row of trees or a
continuous hedgerow of evergreens or shrubs, not less than 1.5 metres high at planting,
shall be provided and maintained adjacent to the length of the westerly lot line and
adjacent to the southerly 40 meters (131.23 feet) of the easterly lot line, except as required
to maintain visibility for safe access to the street.
(ix) The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned HR-38.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.39
149
HR-39 Zone (Pt. Lots 61 & 62, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-39 Zone, the
following provisions shall apply:
i. Lands on the same lot within the OS Zone may be included in the calculation of lot area.
ii. In determining the minimum yard requirements, the minimum horizontal distance (building
setback) shall be taken from the boundary of the OS Zone, not from the respective lot lines.
13.5.40 HR-40 Zone (Part of Lot 47, Registered Plan No. 3, Rossmore, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-36 Zone, the
following provisions shall apply:
i. Minimum lot area 0.16 ha (0.4 ac.)
ii. Minimum lot frontage 28.9 m (95 ft.)
13.5.41
HR-41 Zone (Part of Lot 47, Registered Plan No. 3, Rossmore, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-41 Zone, the
following provisions shall apply:
i. Minimum lot area 0.04 ha (0.12 ac.)
ii. Minimum lot frontage 4.5 m (15 ft.)
13.5.42
HR-42 Zone (Elder Care, 317 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-42 Zone, the
following provisions shall apply:
i. A retirement home shall also be a permitted use.
13.5.43
HR-43 Zone (168 & 170 Main Street, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-43 Zone, the
following provisions shall apply:
i. The two single detached dwellings as existed on the date of passing of this by-law shall be a
permitted use.
13.5.44
HR-44 Zone (Taylor, Pt. of Lot 24, Concession 1, W.G.P., Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the HR-44 Zone, the
following provisions shall apply:
i. Minimum lot area 3.6 ha (9.0 ac.)
ii. A maximum of 3 dwelling units, existing at the date of the passing of this by-law, may be
permitted on lands zoned HR-44.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.45
150
HR-45 Zone (Part of Lot 60, Conc. 1, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the HR-45 zone, the
following provisions shall apply:
i. Minimum lot area 0.8 ha (2 acres)
ii. Minimum setback from the boundary of the provincially significant wetland, as represented
by the EP-W zone boundary, shall be 40 m (131 ft.).
iii. No building or structure of any kind, including a septic system or an accessory building,
shall be permitted within 40 m (131 ft.) of the adjacent provincially significant wetland as
represented by the EP-W zone.
13.5.46
HR-46 Zone (Part of Lot 60, Conc. 1, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the HR-46 zone, the
following provisions shall apply:
i. Minimum lot area 3.2 ha (8 acres)
ii. Minimum setback from the boundary of the adjacent provincially significant wetland, as
indicated by the boundary of the EP-W zone, shall be 40 m (131 ft.).
iii. No building or structure of any kind, including a septic system or an accessory building,
shall be permitted within 40 m (131 ft.) of the boundary of the adjacent provincially
significant wetland, as represented by the EP-W zone boundary.
13.5.47 HR-47 Zone (Lots 18, 19, 20, 21, 22, 23, 24, 25, 30, 31, 32, 33, 34 and Part of Lots 11, 12, 13,
15, 16, 17, and 26 and Clark Reserve and Part of Shore Street, Plan 2, Village of
Consecon, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the HR-47 zone, the
following provisions shall apply:
i. Minimum lot frontage 10.6 m (35 ft.)
13.5.48
HR-48 Zone
Reserved.
13.5.49
HR-49 Zone (Lot 2, Conc. L.W.C.V., North Marysburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-49 zone, the following
provisions shall apply:
i. Minimum lot area 0.15 ha (16,700 sq. ft.)
ii. Minimum lot frontage 40 m (131.2 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.50
151
HR-50 Zone (Lot 2, Conc. L.W.C.V., North Marysburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-50 zone, the following
provisions shall apply:
i. Minimum lot area 0.28 ha (30,500 sq. ft.)
13.5.51
HR-51 Zone (Lot 2, Conc. 1 L.W.C.V., North Marysburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, within the HR-51 zone, the
following provisions shall apply:
i. The front yard of the garage existing as of the date of passing of this by-law shall also be the
minimum front yard for any additions to that garage.
13.5.52
HR-52 Zone
Reserved.
13.5.53
HR-53 Zone (Peter C. Wheeler) (Lot 27, Conc. 1 N.B.R., South Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the HR-53 lot the
following provisions shall apply:
i. Minimum rear yard 15.24 m (50 ft.)
ii. Minimum lot area 0.6 ha (1.5 ac)
iii. Minimum lot frontage 103 m (340 ft.
13.5.54 HR-54 Zone (Spice, Lots 2 & 3, Plan 1, South Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the HR-54 lot the
following provisions shall apply:
i. A home antique business may be run out of a detached garage with a gross floor area not
exceeding 176.5 square metres (1,900 sq. ft).
ii. A minimum of three (3) on-site parking spaces will be provided.
iii. A loading space will not be required.
13.5.55
HR-55 Zone (Smith Bay Avenue, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the HR-55 lot the
following provisions shall apply:
i.
Minimum rear yard setback – 30 metres (100 feet)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.56
152
HR-56 Zone (McCreary, Lot 75, Conc. 1, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the HR-56 lot the
following provisions shall apply:
i. A residential dwelling with two (2) dwelling units shall be a permitted use. Units in a hotel,
motel, boarding, rooming house or travel trailer are not a permitted use.
13.5.57
HR-57 Zone (Richard & Lisa Jones) (Lots 139, 140, 141 & 157, Plan 3, Sophiasburgh
Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-57 zone, the
following provisions shall apply:
i. Minimum lot frontage - 30 m (98.4 ft.)
13.5.58
HR-58 Zone (Lots 139, 140, 141 & 157, Plan 3, Sophiasburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-58 zone, the
following provisions shall apply:
i. Minimum lot frontage
13.5.59
30 m (98.4 ft.)
HR-59 Zone (Mattis, Pt. Lots 49 & 50, Plan 2, Ameliasburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-59 zone, the
following provisions shall apply:
i.
ii.
13.5.60
Minimum interior side yard for accessory building – 0.42 metres (1.4 feet)
The single detached residential dwelling shall be serviced by a piped municipal water
supply.
HR-60 Zone (Mattis, Pt. Lots 49 & 50, Plan 2, Ameliasburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-60 zone, the
following provisions shall apply:
i.
ii.
iii.
Minimum interior side yard for main building – 2.4 metres (8 feet)
Minimum interior side yard for accessory building – 1 metre (3.5 feet)
The single detached residential dwelling shall be serviced by a piped municipal water
supply.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.61
153
HR-61 Zone (Corfield & Price, Pt. Lot 79, Conc. 3, Ameliasburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-61 zone, the
following provisions shall apply:
i.
A home business use consisting of a wood furnace supply business defined as the storage
of wood furnaces and uses ancillary and directly related to the wood furnace business is
permitted, provided that there are no manufacturing or sales operations conducted on the
property, on outside storage or external advertising.
ii.
The home business wood furnace supply business is permitted only within an accessory
storage building and accessory workshop located on the property.
iii.
The total lot coverage of all accessory buildings or structures in the HR-61 Zone shall not
exceed 26% of the lot area, excluding the lot coverage of the primary permitted
residential use.
13.5.62
HR-62 Zone (Mayer, Pt. Lots 93, 94 & 97, Plan 3, Ameliasburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-62 zone, the
following provisions shall apply:
i.
13.5.63
Minimum dwelling unit area – 51.1 square metres (550 sq. ft.)
HR-63 Zone (Mayer, Pt. Lots 93, 94 & 97, Plan 3, Ameliasburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-63 zone, the
following provisions shall apply:
i.
13.5.64
Minimum dwelling unit area – 88.3 square metres (950 sq. ft.)
HR-64 Zone (Harrison, North Marysburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-64 zone, the
following provisions shall apply:
i.
13.5.65
A workshop existing as of the date of the passing of this by-law is a permitted use. No
further expansion of the existing workshop shall be permitted.
HR-65 Zone (Campbell, Bloomfield Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-65 zone, the
following provisions shall apply:
i.
The sale of crafts, notions, ornaments and other items, mainly associated with Christmas,
which are not manufactured on the premises, shall be permitted within the existing
residential dwelling.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
13.5.66
154
HR-66 Zone (Bannister, Lot 133, Plan 2, Bloomfield Ward)
Notwithstanding any provisions of this by-law to the contrary, in the HR-66 zone, the
following provisions shall apply:
i. Minimum western Interior Side Yard
ii. Maximum Lot Coverage
–
30%
0 metres (0 ft)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
155
SECTION 14 LIMITED SERVICE RESIDENTIAL (LSR) ZONE
No person shall within any Limited Service Residential (LSR) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
In a Limited Service Residential Zone there is no commitment or requirement by the County to assume
responsibility for ownership or maintenance of any private road, right-of-way or lane or to provide any
service such as garbage and recycle pickup. Emergency vehicle access may also be restricted in a
Limited Service Residential Zone. The intent of the Limited Service Residential Zone is to recognize
existing and infill residential development on private roads.
14.1
PERMITTED RESIDENTIAL USES
14.1.1
one single detached dwelling
14.1.2
home business
14.1.3
uses, buildings and structures accessory to the foregoing permitted uses
14.2
PERMITTED NON-RESIDENTIAL USES
14.2.1
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law;
14.3
REGULATIONS FOR PERMITTED RESIDENTIAL USES
14.3.1
Minimum Lot Area
4,000 m2 (43,057.1 sq. ft.)
14.3.2
Minimum Lot Frontage
45 m (147.6 ft.)
14.3.3
Minimum Front Yard
7.5 m (25 ft.)
14.3.4
Minimum Exterior Side Yard
7.5 m (25 ft.)
14.3.5
Minimum Interior Side Yard
3 m (10 ft.)
14.3.6
Minimum Rear Yard
10 m (33 ft.)
14.3.7
Maximum Lot Coverage (all buildings and structures)
15 %
14.3.8
Minimum Landscaped Open Space
30 %
14.3.9
Maximum Height of Buildings
10 m (33 ft.)
14.3.10
Maximum Number of Dwelling Units Per Lot
1
14.3.11
Minimum Dwelling Unit Area
75 m (800 sq. ft.)
2
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
14.4
156
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Limited Service Residential (LSR) Zone and any special zone thereunder,
shall apply and be complied with.
14.5
SPECIAL LIMITED SERVICE RESIDENTIAL (LSR) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
14.5.1
LSR-1 Zone (Nutty Lane, Part of Lot 2, Concession Lakeside North of Smith’s Bay, North
Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-1 Zone, the
following provisions shall apply:
i. Permitted Uses
1. Buildings and structures existing on the date of passing of this by-law
2. Single detached dwelling
3. Accessory buildings and structures
ii. Provisions for Permitted Uses
2
1. Minimum lot area 687.9 m (0.17 ac.)
2. Minimum lot frontage along a private right-of-way 27.4 m (90 ft.)
3. Minimum front yard 4.57 m (15 ft.)
4. Minimum side yard 3.04 m (10 ft.)
5. Minimum setback for buildings or structures from top of slope 6.09 m (20 ft.)
6. Access to the lots may be provided by means of a private right-of-way from County
Road No. 13.
14.5.2
LSR-2 Zone (Part of Lot 2, Concession I, South of Bay of Quinte, North Marysburgh
Ward)
(Part of Lots 29, Concession Bayside, North Marysburgh Ward)
(Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-2 Zone, the
following provisions shall apply:
i. Minimum lot area 0.3 ha (0.74 ac.)
ii. Minimum lot frontage 2.4 m (7.87 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
14.5.3
157
LSR-3 Zone (Part of Lots 19, Concession Lakeside, West Cape Vesey, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-3 Zone, the
following provisions shall apply:
i. Minimum lot area 1.1 ha (2.7 ac.)
14.5.4
LSR-4 Zone (Part of Lots 51 and 52, Concession Bayside, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-4 Zone, the
following provisions shall apply:
i. The minimum setback from toe of escarpment for all buildings and structures shall be 15
metres (49.2 feet).
ii. The minimum setback from Ross Eaton Lane for all buildings and structures shall be 15
metres (49.2 feet).
iii. Lot frontage shall mean the horizontal distance between the side lot lines measured
perpendicularly along to the north boundary of Hicks Lane, the right-of-way that services
these lands.
iv. Vehicular access shall be from Hicks Lane only and not from Ross Eaton Lane.
v. Accessory buildings shall be permitted between the main building and the toe of escarpment,
provided they meet all other setback provisions of the LSR-8 Zone and this By-law and they
are not located on Hicks Lane.
14.5.5
LSR-5 Zone (Part of Lot 11, Concession I, North Black River, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-5 Zone, the
following provisions shall apply:
i. Minimum setback for all principle or accessory buildings
and structures from the high water mark of Black River 22.8 m (75 ft.)
ii. Minimum Setback for all principle or accessory buildings
and structures from the northern and eastern lot lines 6.0 m (20 ft.)
14.5.6
LSR-6 Zone (Part of Lot 12, Concession I, North Black River, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-6 Zone, the
following provisions shall apply:
i. Two single detached dwellings are a permitted use on the lot.
ii. Minimum lot area 0.8 ha (2.0 ac.)
iii. Minimum Front Yard Depth for northerly dwelling existing on the date of passing of this bylaw 10.67 m (35 ft.)
County of Prince Edward
Comprehensive Zoning By-law
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158
iv. Minimum Side Yard Width for southerly dwelling existing on the date of passing of this bylaw shall be 2.4 m (7.9 ft.)
v. Minimum Side Yard Width from westerly lot line for the accessory building existing on the
date of passing of this by-law shall be 0.5 m (1.6 feet)
14.5.7
LSR-7 Zone (South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-7 Zone, the
following provisions shall apply:
i. Minimum lot frontage
15.0 m (49.2 ft.)
ii. No building or structure shall be erected or used closer than 6 m (19.6 ft.) above the 76.9 m
(252.29 ft.) contour or 30 m (98.4 ft.) above the 76.5 m (250.98 ft.) contour, whichever is the
farther from the high water mark as shown on the draft plan of subdivision bearing Ministry
of Housing File Number 13T-78022 and dated January 11, 1978.
14.5.8
LSR-8 Zone (Part Lot 4, Concession Round Prince Edward Bay, South Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-8 Zone, the
following provisions shall apply:
i. Minimum lot area 0.27 ha (0.6 ac.)
ii. Minimum lot frontage on right-of-way 32.9 m (108 ft.)
iii. Minimum exterior side yard 3.0 m (10 ft.)
iv. Minimum interior side yard 3.0 m (10 ft.)
14.5.9
LSR-9 Zone (Hillier Ward) & (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-9 Zone, the
following provisions shall apply:
i. Minimum lot area 0.12 ha (0.3 ac.)
ii. Minimum lot frontage 30.0 m (98.4 ft.)
14.5.10
LSR-10 Zone (Part Lot 8, Concession Round Prince Edward Bay, South Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-10 Zone, the
following provisions shall apply:
i. Minimum lot area 0.06 ha (0.17 ac.)
ii. Minimum lot frontage on right-of-way 4.35 m (14.3 ft.)
iii. Minimum shoreline frontage 24.0 m (79 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
14.5.11
159
LSR-11 Zone (Part of Lots 23 and 24, Conc. RBEB, South Marysburgh Ward)
(Part of Lot 1, Conc. NBR, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-11 Zone, the
following provisions shall apply:
i. Minimum lot area
2.0 (4.9 ac.)
14.5.12 LSR-12 Zone (Part of Lot 1, Concession 1, NBR, South Marysburgh Ward)
(Part of Lot 55, Concession 2, BF, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-12 Zone, the
following provisions shall apply:
i. Minimum lot area 0.16 ha (0.4 ac.)
ii. Minimum lot frontage 21.5 m (72 ft.)
14.5.13
LSR-13 Zone (Athol Ward)
(Part of Lot 49, Concession Big Island, Sophiasburgh Ward)
(Part of Lot 25, Concession 1, WGP, Sophiasburgh Ward)
(Part of Lot 71, Concession 4, Ameliasburgh Ward)
(Part of Lots 114 & 115, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-13 Zone, the
following provisions shall apply:
i. Minimum lot area
14.5.14
0.23 ha (0.56 ac.)
LSR-14 Zone (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-14 Zone, the
following provisions shall apply:
i. Minimum lot area 0.06 ha (0.16 ac.)
ii. Minimum lot frontage 22 m (72.1 ft.)
iii. Minimum front yard 6.0 m (19.6 ft.)
14.5.15
LSR-15 Zone (Part Lot 2, Gore H, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-15 Zone, the
following provisions shall apply:
i. Minimum lot area 0.16 ha (0.4 ac.)
ii. Minimum lot frontage 44.1 m (145 ft.)
iii. Minimum front yard 4.5 m (15 ft.)
iv. Minimum interior side yard, along western lot line 1.82 m (6 ft.)
v. Minimum interior side yard for accessory building along western lot line existing on the date
of passing of this by-law shall be 0.3 m (1 ft.)
vi. Minimum setback from the high water mark of Lake Ontario 16.76 m (55 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
160
14.5.16 LSR-16 Zone (Part of Lot 11, Stinson Block, Hillier Ward) (By-Law 522-2000)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-16 Zone, the
following provisions shall apply:
i. Minimum lot area 0.12 ha (0.3 ac.)
ii. Minimum lot frontage 4.5 m (15 ft.)
14.5.17
LSR-17 Zone (Part of Lot 23, Concession 4, Athol Ward)
(Part of Lot 6, Concession 1, NWWL, Hallowell Ward)
(Part of Lot 79, Concession 3, Lot 16, Plan No. 20, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-17 Zone, the
following provisions shall apply:
i. Minimum lot area
14.5.18
0.12 ha (0.3 ac.)
LSR-18 Zone (Part of Lot 56, Concession 2, BF, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-18 Zone, the
following provisions shall apply:
i. The only permitted use shall be a storage shed or a detached private garage used in
association with a neighbouring residential use. A dwelling unit is not permitted.
ii. Minimum lot area 0.20 ha (0.49 ac.)
iii. Minimum lot frontage 70.0 m (229.6 ft.)
iv. Minimum front yard 7.62 m (25.0 ft.)
v. Minimum interior side yard, western 4.57 m (14.99 ft.)
vi. Minimum interior side yard, eastern 30.48 m (100.0 ft.)
vii. Minimum rear yard 7.62 m (25.0 ft.)
viii. Maximum building height 4.57 m (14.99 ft.)
2
ix. Maximum ground floor area, including car parking areas within the building 83.61 m (900
sq. ft.)
14.5.19 LSR-19 Zone (Part of Lot 56, Concession 2, BF, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-19 Zone, the
following provisions shall apply:
i. Minimum lot frontage 110.0 m (360.8 ft.)
ii. Minimum setback of any buildings from the toe of the escarpment
14.5.20
6.1 m (20.0 ft.)
LSR-20 Zone (Part of Lot 1, Concession SECP, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-20 Zone, the
following provisions shall apply:
i. Minimum lot area 0.08 ha (0.19 ac.)
ii. Minimum lot frontage 3.9 m (13.0 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
14.5.21
161
LSR-21 Zone (Part of Lot 82, Concession 3, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-21 Zone, the
following provisions shall apply:
i. Minimum lot area 0.13 ha (0.32 ac.)
ii. Minimum lot frontage 11.5 m (37.7 ft.)
14.5.22
LSR-22 Zone (Part of Lot 24, Concession 1, North Black River, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-22 Zone, the
following provisions shall apply:
i. Minimum Lot Area
14.5.23
7.8 ha (19.2 ac.)
LSR-23 Zone (Part of Lot 33, Concession 1, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-23 Zone, the
following provisions shall apply:
i. Minimum lot frontage 9.5 m (31.16 ft.)
ii. Lands within the Environmental Protection (EP) Zone on the same lot, may be included in
the calculation of lot frontage.
14.5.24 LSR-24 Zone
Reserved.
14.5.25
LSR-25 Zone (Part of Lots 79 & 80, Concession 3, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-25 Zone, the
following provisions shall apply:
i. Minimum lot area 12.5 ha (30.8 ac.)
ii. Minimum lot frontage on a private right-of-way 230 m (755 ft.)
14.5.26
LSR-26 Zone
Reserved.
14.5.27
LSR-27 Zone
Reserved.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
14.5.28
162
LSR-28 Zone (Part of Lot 59, Concession 1 Broken Front, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-28 Zone, the
following provisions shall apply:
i. Minimum lot area 0.2 ha (0.5 ac.)
ii. A permit is required from Quinte Conservation prior to the issuance of a building permit.
14.5.29
LSR-29 Zone (Part of Lot A, Concession 1 S.P.E.B., South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the LSR-29 Zone, the
following provisions shall apply:
i. Minimum lot area 0.28 ha (0.79 ac.)
ii. Minimum lot frontage on private right-of-way 3.0 m (9.8 ft.)
14.5.30 LSR-30 Zone (Lot 53, Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, in the LSR-30 zone, the
following provisions shall apply:
i. The only permitted use is the combination single detached dwelling and boathouse as existing
on the date of passing of this by-law.
ii. Access to the lot may be by private right-of-way.
iii. Minimum lot area 0.3 ha
iv. Minimum lot frontage 20 m (66 ft.)
v. The written approval of the Quinte Conservation Authority is required prior to the issuance
of a building permit or a septic permit.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
163
SECTION 15 MOBILE HOME PARK RESIDENTIAL (MHR) ZONE
No person shall within any Mobile Home Park Residential (MHR) Zone use any land or erect, alter or use
any building or structure except in accordance with the following provisions:
15.1
PERMITTED RESIDENTIAL USES
15.1.1
a mobile home park existing on the day of passing of this By-law
15.1.2
one single detached dwelling for the mobile home park owner or operator
15.1.3
home business
15.1.4
buildings and structures accessory to the foregoing permitted uses
15.2
PERMITTED NON-RESIDENTIAL USES
15.2.1
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law;
15.2
REGULATIONS FOR PERMITTED USES
15.2.1
Requirements for Mobile Home Park
1. Minimum Lot Area
4 ha (9.88 ac.)
2. Minimum Lot Frontage
100 m (328 .1 feet)
3. Minimum Front Yard Depth
15 m (49.2 feet)
4. Minimum Exterior Side Yard Width
15 m (49.2 feet)
5. Minimum Interior Side Yard Width
10 m (32.8 feet)
6. Minimum Rear Yard Depth
15 m (49.2 feet)
7. Maximum Lot Coverage (all buildings and structures,
including mobile homes)
25 %
8. Minimum Landscaped Open Space
40 %
9. Maximum Height
1. Single detached dwelling
10 m (32.8 ft.)
2. Other permitted buildings and structures
10 m (32.8 ft.)
2
10. Minimum Dwelling Unit Area
75 m (807.3 sq. ft.)
County of Prince Edward
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October 23, 2006
164
15.2.2 Requirements for a Mobile Home Site
15.3
2
1. Minimum Site Area
370 m (3,982.8 sq. ft.)
2. Minimum Site Frontage
15 m (49.2 feet)
3. Minimum Setback from Internal Roads
6 m (19.69 feet)
4. Maximum Site Coverage (all buildings and structures)
25 %
5. Minimum Landscaped Open Space
40 %
6. Maximum Mobile Home Height
5 m (16.4 ft.)
7. Maximum Number of Mobile Home Dwellings Per Site
1
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Mobile Home Park Residential (MHR) Zone and any special zone
thereunder, shall apply and be complied with.
15.4
SPECIAL MOBILE HOME PARK RESIDENTIAL (MHR) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
15.4.1
MHR-1 Zone (Part of Lot 4, Concession NSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MHR-1 Zone, the
following provisions shall apply:
i. Permitted Residential Uses
1. 11 mobile homes
2. one (1) single detached dwelling
3. one (1) other existing dwelling
ii. Permitted Non-residential Uses
1. Accessory uses and structures existing on the date of passing of this by-law
iii. Minimum lot area
3.2 ha (8.0 ac.)
iv. Minimum lot frontage
137 m (450 ft.)
v. Minimum interior Side Yard
1. Eastern boundary 5.3 m (17.5 ft.)
2. Western boundary 3.0 m (9.8 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
165
2
vi Minimum dwelling unit area 59.4 m (640 sq. ft.)
15.4.2
MHR-2 Zone (Cedarvale Mobile Home Park, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MHR-2 Zone, the
following provisions shall apply:
i. The only permitted use shall be a mobile home park existing on the date of passing of this bylaw.
ii. The existing mobile home park shall be serviced with municipal water and sewer services.
15.4.3
MHR-3 Zone (Wesley Acres Inc. Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MHR-3 Zone, the
following provisions shall apply:
i.
A maximum of 28 permanent year-round mobile home lots and uses accessory thereto,
including associated laundry facility, water and sewage servicing facilities and uses
normally ancillary thereto, shall be the only permitted uses on the lands zoned MHR-3.
ii.
Requirements for mobile home lots (mobile homes including additions thereto, and
accessory buildings):
a. Minimum setback from internal roads – 3.0 metres (10 ft)
b. Minimum west interior side yard – 1.5 metres (5 ft)
c. Minimum east interior side yard – 3 metres (10 ft)
d. Minimum rear yard – 1.5 metres (5 ft)
e. Maximum lot (site) coverage of all structures – 50%
f. Accessory buildings are allowed in the front yard (road side) of the mobile home lot.
iii.
The requirement of Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned MHR-3.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
166
SECTION 16 RURAL RESIDENTIAL 1 (RR1) ZONE
No person shall within any Rural Residential 1 (RR1) Zone use any land or erect, alter or use any building
or structure except in accordance with the following provisions:
16.1
PERMITTED RESIDENTIAL USES
16.1.1
one single detached dwelling
16.1.2
home business
16.1.3
private home day care
16.1.4
bed and breakfast establishment
16.1.5
group home
16.1.6
uses, buildings and structures accessory to the foregoing permitted uses
16.2
PERMITTED NON-RESIDENTIAL USES
16.2.1
outdoor furnace in accordance with the provisions of Section 4.32 of this By-law
16.2.2
maximum of one windmill in accordance with the provisions of Section 4.33 of this By-law
16.2.3
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
16.3
REGULATIONS FOR PERMITTED RESIDENTIAL USES
16.3.1
Minimum Lot Area
0.38 ha (0.94 ac.)
16.3.2
Minimum Lot Frontage
44.8 m (147 ft.)
16.3.3
Minimum Front Yard
15 m (49.2 ft.)
16.3.4
Minimum Exterior Side Yard
15 m (49.2 ft.)
16.3.5
Minimum Interior Side Yard
3 m (9.84 ft.)
16.3.6
Minimum Rear Yard
12 m (39.4 ft.)
16.3.7
Maximum Lot Coverage (all buildings and structures)
15 %
16.3.8
Minimum Landscaped Open Space
30 %
16.3.9 Maximum Height of Buildings
10m (32.8 ft.)
16.3.10 Maximum Number of Dwelling Units Per Lot
1
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
16.3.11 Minimum Dwelling Unit Area Requirement
16.4
167
90 m2 (970 sq. ft.)
GENERAL PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Rural Residential 1 (RR1) Zone and any special zone thereunder, shall
apply and be complied with.
16.5
SPECIAL RURAL RESIDENTIAL 1 (RR1) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
16.5.1
RR1-1 Zone (South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-1 Zone, the
following provisions shall apply:
i. Access to the lot on the north-west corner of County Road No. 9 and County Road No. 13 is
to be from County Road No. 9 only.
16.5.2
RR1-2 Zone (Pt. Road Allowance between Lots 24 and 25 Concession 1, SBR and the
Area designated as Parts 1, 2 and 5, Plan No. 47R-3711, South Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-2 Zone, the
following provisions shall apply:
i. Minimum lot area 0.12 ha (0.32 ac.)
ii. Minimum lot frontage 65 m (214 ft.)
iii. Minimum front yard 45 m (147 ft.)
iv. Minimum exterior side yard 6.0 m (20 ft.)
v. Minimum interior side yard 4.5 m (15 ft.)
16.5.3 RR1-3 Zone (Part of Lot 2, Concession 1, North Black River, South Marysburgh Ward)
(Pt. Lot 8, Conc. RPEB, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-3 Zone, the
following provisions shall apply:
i. Minimum lot frontage 33.0 m (110 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
16.5.4
168
RR1-4 Zone (Part of Lot 24 Concession 1, South of Black River described as Part 1 on
Reference Plan No. 47R-1302, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-4 Zone, the
following provisions shall apply:
i. Minimum lot area 0.28 ha (0.69 ac.)
ii. Minimum front yard 7.6 m (25 ft)
2
iii. Minimum dwelling unit floor area 65.0 m (700 sq. ft.)
16.5.5
RR1-5 Zone (Part of Lot 21, Concession I, North Black River, South Marysburgh Ward)
(Pt. Lots F & G, Conc. SPEB, South Marysburgh Ward)
(Pt. Lots 23, Conc. 1, NBR and Pt. Lot 4, Conc. RPEB, South Marysburgh
Ward)
(Pt. Lot 65, Conc. BS, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-5 Zone, the
following provisions shall apply:
i. Minimum front yard 10.0 m (32.8 ft.)
16.5.6 RR1-6 Zone (Pt. Lot 21, Conc. 1 NBR, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-6 Zone, the
following provisions shall apply:
i. Minimum front yard 1.8 m (6.0 ft.)
ii. Maximum lot coverage, for all accessory buildings
16.5.7 RR1-7 Zone (Pt. Lots 9 & 10, Conc. 1 NBR, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-7 Zone, the
following provisions shall apply:
i. Minimum lot area 0.24 ha (0.6 ac.)
ii. Minimum lot frontage 41.7 m (137 ft.)
iii. A Glass Blowing Studio located within an accessory building on the lands zoned shall be
permitted as a home business.
2
iv. Maximum accessory building floor area 74.4 m (800 sq. ft.)
v. Maximum studio floor area 46.5 m2 (500 sq. ft.)
2
vi. Maximum retail floor area 28.9 m (300 sq. ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
16.5.8
169
RR1-8 Zone (North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-8 Zone, the
following provisions shall apply:
i. Minimum front yard 3.9 m (12.7 ft.)
16.5.9
RR1-9 Zone (Part of Lots 1 to 6, Point A, Massassauga Circle, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-9 Zone, the
following provisions shall apply:
i. Minimum front yard 13.0 m (42.6 ft.)
ii. Minimum exterior side yard 13.0 m (42.6 ft.)
iii. Minimum rear yard 7.5 m (24.6 ft.)
16.5.10
RR1-10 Zone (North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-10 Zone, the
following provisions shall apply:
i. Minimum lot area 0.14 ha (0.34 ac.)
16.5.11 RR1-11 Zone (Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-11 Zone, the
following provisions shall apply:
i. Minimum lot area 0.34 ha (0.84 ac.)
ii. Minimum front yard 6.0 m (19.68 ft.)
iii. Minimum setback from the high water mark of the Bay of Quinte 20.0 m (65.6 ft.)
16.5.12 RR1-12 Zone (Part of Lot 7, Concession II North of Black River, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-12 Zone, the
following provisions shall apply:
i. Minimum lot area 0.2 ha (0.49 ac.)
ii. Minimum rear yard 3.0 m (9.84 ft.)
16.5.13 RR1-13 Zone (Part of Lot 30, Concession Bayside, Registered Compiled Plan No. 8, North
Marysburgh Ward) & North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-13 Zone, the
following provisions shall apply:
i. Minimum lot area 0.25 ha (0.6 ac.)
ii. Minimum lot frontage 30 m (98.4 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
16.5.14
170
RR1-14 Zone (Part of Lot 44, Concession Bayside, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-14 Zone, the
following provisions shall apply:
i. The minimum rear yard setback for a detached accessory garage, a septic system (including a
tile/weeping field) or a swimming pool shall be 30.0 m (98.4 ft).
ii. A minimum of 15 m (49.2 ft.) landward from the top of the escarpment shall be maintained
in a natural vegetated state as a buffer area within the RR1-14 Zone in order to prevent
erosion of the cliff face.
16.5.15 RR1-15 Zone (Part of Lot 29, Concession Bayside, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-15 Zone, the
following provisions shall apply:
i. The minimum interior side yard for the accessory building on the westerly property line
existing on the date of passing of this by-law shall be 2.42 m (7.9 ft.).
ii. Minimum front yard for a detached garage 10.6 m (35 ft.)
16.5.16 RR1-16 Zone (Part Lot 13, Concession Lakeside, East of Cape Vesey, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-16 Zone, the
following provisions shall apply:
i. The lands within the RR1-32 Zone shall be deemed to be a corner lot with the front lot line
being that line which abuts County Road No. 8 and minimum lot frontage shall be 50 metres
(164 feet) on County Road No. 8.
16.5.17
RR1-17 Zone (Pt. Lots 7 & 8, Conc. 1, SBQ, North Marysburgh Ward)
(Lot 19, Concession 2, Military Tract, Hallowell Ward)
(Part of Lot 22, Concession 1, SSEL, Athol Ward)
(Hillier Ward)
(Athol Ward)
(Sophiasburgh Ward)
(Part of Lot 70, Concession 4, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-17 Zone, the
following provisions shall apply:
i. Minimum lot area 0.20 ha (0.49 ac.)
16.5.18
RR1-18 Zone (Pt. Lots 7 & 8, Conc. 1, SBQ, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-18 Zone, the
following provisions shall apply:
i. Minimum lot area 0.11 ha (0.27 ac.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
171
16.5.19 RR1-19 Zone (Part of Lot 42, Concession Bayside, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-19 Zone, the
following provisions shall apply:
i. The minimum lot frontage for lands zoned RR1-19 may be determined by using the line
forming the southern boundary of the subject lot which abuts County Road No. 7 as the front
lot line even though part of the frontage of lands situated between the RR1-19 Zone and the
subject front lot line are zoned Environmental Protection (EP).
16.5.20
RR1-20 Zone (Part of Lot 1, Concession 2, S.S.E.L., Athol Ward)
(Part of Lot 46, Concession Big Island, Sophiasburgh Ward)
(Ameliasburgh Ward)
(Lot 81, Concession 2, Bayside, Ameliasburgh Ward)
(Part of Lot 88, Concession 1, Ameliasburgh Ward)
(Part of Lot 16, Concession 2 SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-20 Zone, the
following provisions shall apply:
i. Minimum lot area 0.14 ha (0.35 ac.)
ii. Minimum lot frontage 25.0 m (82.0 ft.)
16.5.21
RR1-21 Zone (Part Lot 23, Conc. RPEB, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-21 Zone, the
following provisions shall apply:
i. Minimum lot area 0.10 ha (0.24 ac.)
ii. Minimum lot frontage 37 m (121.3 ft.)
iii. Minimum front side yard, existing structure only 0 m (0 ft.)
iv. Minimum interior side yard, north side 1.8 m (6 ft.)
v. Maximum lot coverage 40%
16.5.22 RR1-22 Zone (Part Lot 23, Conc. RPEB, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-22 Zone, the
following provisions shall apply:
i. Minimum lot area 0.20 ha (0.48 ac.)
16.5.23 RR1-23 Zone (Stahle & Armour, Pt. Lot 38, Conc. 1 SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-23 Zone, the
following provisions shall apply:
i.
ii.
Minimum southern interior side yard – 18.3 metres (60 feet)
Minimum setback from high water mark – 53.3 metres (175 feet)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
16.5.24
172
RR1-24 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-24 Zone, the
following provisions shall apply:
i. Minimum lot area 0.18 ha (0.44 ac.)
ii. Minimum lot frontage 11 m (36.0 ft.)
iii. Minimum interior side yard 1.5 m (4.9 ft.)
16.5.25 RR1-25 Zone (Hillier & Hallowell Wards)
(Part of Lot 37, Concession 1, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-25 Zone, the
following provisions shall apply:
i. Minimum lot area - 0.27 ha (0.66 ac.)
ii. Minimum lot frontage - 4.6 m (15 ft)
16.5.26
RR1-26 Zone (Huff, Pt. Lots 9 & 11, Lot 10, Plan 12, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-26 Zone, the
following provisions shall apply:
i.
16.5.27
Minimum northern interior side yard - 1.5 metres (5 ft.)
RR1-27 Zone (McGee, Pt. Lots 83, 84 & 137, Plan 28, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-27 Zone, the
following provisions shall apply:
i.
Access may be provided by a private right-of-way from County Highway No. 49.
ii.
There is no commitment from or requirement by the municipality to assume year round
maintenance of the private right-of-way and levels of service provided to the lot may be
limited or reduced, including the level of emergency services to the lot.
16.5.28 RR1-28 Zone (Part of Lot 13, Concession EHB, Hallowell Ward)
(Hallowell Ward)
(Part of Lot 6, Concession 1, SSEL, Athol Ward)
(Pt. Lot A, Conc. 1 NWCP, Hallowell Ward)
(Part of Lot 7, Concession 1, WGP, Sophiasburgh Ward)
(Pt. 1 on Plan 47R-6275, Pt. Lot 7, Conc. 1 WGP, Sophiasburgh Ward)
(Part of Lots 114 & 115, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-28 Zone, the
following provisions shall apply:
i. Minimum lot frontage 35.0 m (114.8 ft.)
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173
16.5.29 RR1-29 Zone (Hallowell Ward)
(Pt. Lot A, Conc. 1 NWCP, Hallowell Ward)
(Part of Lot 49, Concession Big Island, Sophiasburgh Ward)
(Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-29 Zone, the
following provisions shall apply:
i. Minimum lot frontage 12.0 m (39.3 ft.)
16.5.30 RR1-30 Zone (Part of Lot 1, Concession SECP, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-30 Zone, the
following provisions shall apply:
i. Minimum lot area 0.17 ha (0.42 acres)
ii. Minimum lot frontage 30.0 m (98.4 ft.)
16.5.31
RR1-31 Zone (Part of Lot 65, Concession 2, Gerow Gore Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-31 Zone, the
following provisions shall apply:
i. Minimum lot area 0.2 ha (0.49 ac.)
ii. Minimum front yard 3.5 m (11.5 ft.)
iii. Minimum rear yard 2.5 m (8.2 ft.)
16.5.32 RR1-32 Zone (Pt. Lot 14, Conc. SSWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-32 Zone, the
following provisions shall apply:
i. Minimum front yard 4.32 m (14.1 ft)
ii. Lands zoned Environmental Protection (EP) on the same lot may be included in the
calculation of lot area and lot frontage.
16.5.33 RR1-33 Zone (Lot 51 & Part of Lot 122, R. C. Plan No. 26, Concession E.H.B., Hallowell
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-33 Zone, the
following provisions shall apply:
2
i. Minimum lot area 929 m (10,000 sq. ft.)
ii. Minimum lot frontage 28.9 m (94.8 ft.)
iii. Minimum front yard 11.99 m (38.9 ft.)
iv. Minimum interior side yard 5.18 m (16.9 ft.)
v. Minimum exterior side yard 10.66 m (34.9 ft.)
vi. Minimum exterior side yard, detached garage 5.48 m (17.9 ft.)
vii. Minimum rear yard, detached garage 0.9 m (2.9 ft.)
County of Prince Edward
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16.5.34
174
RR1-34 Zone (Part of Lot 28, Concession Big Island, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-34 Zone, the
following provisions shall apply:
i. Minimum lot area 0.19 ha (0.46 ac.)
ii. Minimum front yard 4.8 m (15.7 ft)
16.5.35 RR1-35 Zone (Part of Lot 12, Concession 1, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-35 Zone, the
following provisions shall apply:
i. A small engine repair and sales shop located in an attached garage shall be permitted as a
home business
2
ii. Maximum floor area of small engine repair and sales shop 138 m (1485 sq. ft.)
iii. No persons other than residents of the dwelling on the same lot shall be employed in the
home business.
iv. No outside storage shall be permitted.
v. The home business shall be wholly contained within the attached garage.
16.5.36 RR1-36 Zone (Part of Lot 5, Concession 1, SSWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-36 Zone, the
following provisions shall apply:
i. Minimum lot area 0.29 ha (0.71 ac.)
ii. Minimum front yard 9 m (29.5 ft)
iii. A tea room serving desserts, pastries, tea, coffee and other non-alcoholic beverages in
2
addition to craft sales, occupying not more than 27.87 m (300 sq. ft.) within a dwelling is a
permitted use. Outdoor seating may be provided in association with the tea room use, on a
seasonal basis.
iv. Maximum Lot Coverage 20%
v. Lots 3 & 4, Registered Plan 14, Ward of Hallowell, shall be considered as one lot for the
purposes of zoning.
16.5.37 RR1-37 Zone (Part of Lots 1 & 3, Concession Gore G, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-37 Zone, the
following provisions shall apply:
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175
i. Minimum lot frontage, on the portion of Tubbs Road open, assumed and maintained year
round by the County shall be 6.1 m (20 ft)
16.5.38 RR1-38 Zone (Pt. Lot 76, Conc. 6, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-38 Zone, the
following provisions shall apply:
i. Minimum lot area 0.18 ha (0.45 ac.)
ii. Minimum south interior side yard 1.0 m (3.3 ft.)
iii. Written approval from the Conservation Authority shall be required for any alterations of
extensions on the building existing at the date of passing of this by-law or the placing of fill
on the property.
iv. All the requirements for flood proofing as set out in Permit No. 149/00 issued by the
Conservation Authority shall be met.
16.5.39 RR1-39 Zone (Pt. Lot 6, Conc. 1 NWWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-39 Zone, the
following provisions shall apply:
i. Minimum setback from an EP Zone, including the dredged channel to West Lake 15 m (49.2
ft.)
16.5.40 RR1-40 Zone (Part of Lot 57, Concession 3, BF, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-40 Zone, the
following provisions shall apply:
i. Minimum lot frontage 32 m (104.9 ft.)
ii. Minimum setback from street centreline 15.24 m (50 ft.)
iii. Minimum interior side yard 2.0 m (6.5 ft.)
16.5.41
RR1-41 Zone (Part of Lot 28, Concession Big Island, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-41 Zone, the
following provisions shall apply:
i. Minimum lot area 0.13 ha (0.32 ac.)
ii. Minimum lot frontage 29 m (71.6 ft.)
iii. Minimum interior side yard 2.3 m (7.5 ft.)
iv. Minimum rear yard 9.0 m (29.5 ft)
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176
16.5.42 RR1-42 Zone (Pt. Lot 7, Conc. 1 WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-42 Zone, the
following provisions shall apply:
i. Minimum lot area 0.25 ha (0.61 ac.)
ii. Minimum lot frontage 36.5 m (119.7 ft.)
iii. Minimum front yard 11.2 m (36.7 ft.)
iv. Minimum interior side yard 6.4 m (20.9 ft.)
16.5.43 RR1-43 Zone (Part of Lot 44, Concession 1, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-43 Zone, the
following provisions shall apply:
i. Minimum lot frontage 30.0 m (98.4 ft.)
ii. Minimum exterior side yard 2.13 m (6.98 ft.)
16.5.44 RR1-44 Zone (Part of Lot 60, Concession 1, WGP, Sophiasburgh Ward)
(Part of Lot 12, Concession Big Island, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-44 Zone, the
following provisions shall apply:
i. Minimum front yard 10.5 m (34.4 ft)
16.5.45 RR1-45 Zone (Pt. Lot 13, Conc. 3 SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-45 Zone, the
following provisions shall apply:
i. The following uses shall also be permitted:
1. A small engine repair shop
2. The storage, maintenance and repair of the lot owners’ construction equipment.
16.5.46
RR1-46 Zone (Pt. Lot 51, Conc. 2 WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-46 Zone, the
following provisions shall apply:
i. A retail establishment for the display, rental and sale of costumes and for the production,
display and sale of ceramic products shall be permitted as a home business.
ii. Minimum front yard from centre line of street for existing dwelling 18.29 m (60.0 ft.)
County of Prince Edward
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October 23, 2006
16.5.47
177
RR1-47 Zone (Part of Lot 56, Concession 2, BF, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-47 Zone, the
following provisions shall apply:
i. Minimum lot area 0.25 ha (0.61 ac.)
ii. Minimum rear yard 3.0 m (9.8 ft)
16.5.48
RR1-48 Zone (Part of Lot 5, Haslett’s Plan, Ameliasburgh Ward)
(Part of Lot 71 & 72, Plan No. 33, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-48 Zone, the
following provisions shall apply:
i. Minimum lot area 0.17 ha (0.42 ac.)
ii. Minimum front yard 13.0 m (42.6 ft.)
iii. Minimum exterior side yard 13.0 m (42.6 ft.)
iv. Minimum rear yard 7.5 m (24.6 ft.)
v. Maximum lot coverage, all buildings and structures 15 %
vi. Minimum landscaped open space 20 %
vii. All exterior openings (including windows and doors) of all buildings (including, without
limiting the generality of the foregoing, all additions and/or replacement buildings) and
all electrical and heating equipment, shall be located above the minimum elevation of
77.0 m (252.62 ft.) G.S.C.
viii. The developed portion of each lot (including, without limiting the generality of the
foregoing, that portion of the lot to be used for an addition or replacement building)
including all septic tanks and weeping bed tiles shall be located above the minimum
elevation of 75.9 m (249.01 ft.) G.S.C.
16.5.49
RR1-49 Zone (Lot 53, Plan No. 33, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-49 Zone, the
following provisions shall apply:
i. Minimum lot area 0.24 ha (0.59 ac)
ii. Minimum lot frontage 11.5 m (37.7 ft.)
iii. Minimum front yard 13.0 m (42.6 ft)
iv. Minimum exterior side yard 13.0 m (42.6 ft.)
v. Minimum rear yard 7.5 m (24.6 ft)
vi. Maximum lot coverage, all buildings and structures 15 %
vii. Minimum landscaped open space 20 %
viii. Minimum setback from high water mark 21.3 m (69.88 ft.)
ix. All exterior openings (including windows and doors) of all buildings (including, without
limiting the generality of the foregoing, all additions and/or replacement buildings) and
all electrical and heating equipment, shall be located above the minimum elevation of
77.0 m (252.62 ft.) G.S.C.
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178
x. The developed portion of each lot (including, without limiting the generality of the
foregoing, that portion of the lot to be used for an addition or replacement building)
including all septic tanks and weeping bed tiles shall be located above the minimum
elevation of 75.9 m (249.01 ft.) G.S.C.
16.5.50
RR1-50 Zone (Part of Lot 88, Concession 3, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-50 Zone, the
following provisions shall apply:
16.5.51
i.
A motor vehicle repair garage shall be permitted as an additional use.
ii.
For the purposes of this subsection a motor vehicle repair garage shall mean an
establishment for the repair and service of motor vehicles conducted within a wholly
enclosed structure.
RR1-51 Zone (Part of Lot 2, Concession SECP, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-51 Zone, the
following provisions shall apply:
i. Minimum front yard 6.22 m (20.4 ac.)
ii. Minimum exterior side yard 1.92 m (6.29 ft.)
16.5.52
RR1-52 Zone (Part of Lot 104, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-52 Zone, the
following provisions shall apply:
i. Minimum lot area 0.25 ha (0.61 ac.)
ii. Minimum lot frontage 34.0 m (111.5 ft.)
iii. Minimum front yard 5.48 m (18 ft)
iv. The boathouse existing on the date of passing of this by-law, and any future improvements
thereto is a permitted use in the rear yard.
16.5.53
RR1-53 Zone (Part of Lot 9, Concession 4, Part of Lot 10, Registered Plan No. 17,
Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-53 Zone, the
following provisions shall apply:
i. Minimum lot area 0.09 ha (0.22 ac.)
ii. Minimum lot frontage 16.5 m (54.1 ft.)
iii. Minimum interior side yard 2.74 m (9.0 ft.)
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iv. Minimum setback from the water’s edge of
16.5.54 RR1-54 Zone (Pt. Lot 9, Conc. 4, Pt. Lots 10 & 11, Plan 17, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-54 Zone, the
following provisions shall apply:
i. Minimum lot area 0.09 ha (0.22 ac)
ii. Minimum lot frontage 16.5 m (54.1 ft.)
iii. Minimum front yard 10.7 m (35 ft)
iv. Minimum interior east side yard 2.74 m (9.0 ft.)
v. Minimum setback from the water’s edge of Lake Consecon
16.5.55
22.86 m (75.0 ft.)
RR1-55 Zone (Part of Lot 89, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-55 Zone, the
following provisions shall apply:
i. The permitted residential uses shall include a single detached dwelling containing a
maximum of two (2) dwelling units.
16.5.56
RR1-56 Zone (Part of Lots 3 & 4, Concession SECP, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-56 Zone, the
following provisions shall apply:
i. Basements shall not be permitted.
ii. A By-law shall not be enacted to remove the “Holding” (-H) symbol until such time as plans
have been approved by the County that indicates that:
1. All organics will be excavated from the residential site down to bedrock or to
consolidated soil depth, whichever comes first, in order to accommodate structural
loading.
2. Compacted granular will be used below the footing to provide drainage.
16.5.57
RR1-57 Zone (Part of Lots 94 & 95, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-57 Zone, the
following provisions shall apply:
i. Minimum lot area 0.16 ha (0.39 ac)
ii. Minimum lot frontage 38.0 m (124.6 ft.)
iii. Minimum setback from the top of bank of a drainage course
16.5.58
6.5 m (21.3 ft.)
RR1-58 Zone (Lot 47 & Part of Lot 46, LRCP 8, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-58 Zone, the
following provisions shall apply:
i. Minimum lot area 0.2 ha (0.49 ac.)
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ii. Minimum lot frontage 30.0 m (98.4 ft)
16.5.59
RR1-59 Zone (Pt. Lots 1 & 2, Ordinance Reserve, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-59 Zone, the
following provisions shall apply:
i. Minimum lot area 0.12 ha (0.3 ac)
ii. The setbacks from the escarpments of the dwelling existing on the date of passing of this
by-law and any future additions or improvements thereto are permitted provided that the
setbacks are not further reduced.
iii. The setbacks from the escarpments of the accessory structures existing on the date of
passing of this by-law and any future additions or improvements thereto are permitted
provided that they are not closer than 4.57 m (15 ft.) to the escarpments.
iv. The minimum rear yard of an accessory use, building or structure shall be 9.75 m (32 ft).
v.
16.5.60
In addition to the uses normally permitted in the RR1 Zone, a maximum of one windmill
shall also be a permitted use.
RR1-60 Zone (Tom Foster, Part of Lot 5, Concession 3, M.T., Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-60 Zone, the
following provisions shall apply:
i. Minimum lot area 0.08 ha (0.2 ac.)
ii. Minimum lot frontage 19.8 m (65 ft)
iii. Minimum front yard 7.92 m (26 ft.)
iv. Minimum interior side yard 3.04 m (10 ft)
16.5.61
RR1-61 Zone (Lot 12, Conc. 3 M.T., Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, in the RR1-61 zone, the
following provisions shall apply:
i. Minimum west interior side yard 5.5 m (18 ft.)
16.5.62
RR1-62 Zone (Part of Lot 68, Conc. 4, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-62 zone, the
following provisions shall apply:
i. Minimum lot area 0.36 ha (0.9 ac)
ii Minimum lot frontage 60 m (196.9 ft.)
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iii. Prior to the issuance of a building permit for a residential dwelling in the RR1-62 zone, the
owner shall have undertaken by a qualified firm a Phase 1 and 2 Environmental Site
Assessment to confirm to the satisfaction of the County that the on-site soils meet
provincial criteria for residential use according to Guidelines for the Use of Contaminated
Sites in Ontario (MOE 1997). The study shall also confirm either that the soils are not
contaminated from the former industrial use of the property or that the soils have been
rehabilitated to the standard for residential use.
16.5.63
RR1-63 Zone (Part of Lot 36 & 37, Plan 33, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-63 zone, the
following provisions shall apply:
i. Minimum lot area 2,787 m2 (30,000 sq. ft.)
ii. Minimum lot frontage 30 m (98.4 ft)
iii. Minimum front yard 13 m (42.7 ft.)
iv. Minimum rear yard 7.5 m (24.6 ft)
v. Minimum front yard for a detached accessory building 7 m (23.0 ft)
vi. Minimum interior side yard for a detached accessory building 1.5 m (4.9 ft)
vii. Minimum net floor area 110 sq. m (1184 sq. ft.)
viii. Maximum lot coverage 15 percent
ix. All exterior openings of all buildings and all electrical and heating equipment shall be
located above the minimum elevation of 77.0 m, Geodetic Surveys of Canada
x. All buildings or structures, including, without limiting the generality of the foregoing, septic
tanks and fields and accessory buildings and additions to buildings shall be located above
the minimum elevation of 75.9 m, Geodetic Surveys of Canada.
16.5.64
RR1-64 Zone (Part of Lot 65 & 66, Conc. 2, Ameliasburgh Ward)
(Lot 67 and Part of Lot 77, L.R.C.P. 27, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, in the RR1-64 zone, the
following provisions shall apply:
i. Minimum lot area 0.2 ha (0.5 ac)
ii Minimum lot frontage 30.4m (100 ft.)
iii Minimum yard adjacent to County Road 12 shall be equal to the yard for the single
detached dwelling existing on the date of passing of this by-law.
16.5.65
RR1-65 Zone (Lot 67 & Part of Lot 77, L.R.C.P. 27, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, in the RR1-65 zone, the
following provisions shall apply:
i Minimum yard adjacent to County Road 12 shall be equal to the yard of the single detached
dwelling existing as of the date of passing of this by-law.
ii. Minimum north interior side yard shall be equal to the yard of the single detached dwelling
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existing as of the date of passing of this by-law.
16.5.66
RR1-66 Zone (Part of Lots 4 & 5, Conc. 1 N.W.W.L., Hallowell Ward)
Notwithstanding any provisions of this by-law to the contrary, in the RR1-66 zone, the
following provisions shall apply:
i. Minimum front yard 7 m (22.9 ft.)
16.5.67
RR1-67 Zone (Prinyer’s Cove area, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-67 zone, the
following provisions shall apply:
i. Minimum lot area – as existing on the date of passing of this By-law.
ii. Minimum lot frontage – as existing on the date of passing of this By-law.
16.5.68
RR1-68 Zone (Mowbray, Pt. Lot 28, Conc. 1 WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-68 zone, the
following provisions shall apply:
i. Minimum front yard 9.1 meters (30 feet)
ii. Minimum interior side yard 3.1 meters (10 feet)
iii. Minimum rear yard 9.1 metres (30 feet)
16.5.69
RR1-69 Zone (Richard & Frederick Fox) (Lot 50, Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR1-69 zone, the
following provisions shall apply:
i. Minimum interior side yard 6 m (20 ft.)
16.5.70
RR1-70 Zone (Nancy Earl) (Lot 53, Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, in the RR1-70 zone, the
following provisions shall apply:
i. The only permitted uses are a single detached dwelling and accessory uses to that single
detached dwelling.
ii. Minimum front yard 7.6 m (25 ft.)
iii. Minimum setback from the escarpment 3.9 m (13 ft.)
16.5.71
RR1-71 Zone (Part Lots 65 and 66, Concession 2, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-71 zone, the
following provisions shall apply:
i. The minimum lot area shall be 0.36 ha (0.89 ac)
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ii. The minimum lot frontage shall be 38.1 m (125 ft.)
16.5.72
RR1-72 Zone (Part Lot 10, Concession NBR, South Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-72 zone, the
following provisions shall apply:
i. Minimum lot frontage 41 m (135 ft.)
ii. Minimum setback of each of two outbuildings from Black River shall be equal to the
setback of each building as it exists.
iii. Minimum setback of each of two outbuildings from County Road 13 shall be equal to the
setback of each building as it exists.
iv. The rental of canoes and kayaks, but not motorized watercraft, is a permitted use, provided
that the use is clearly secondary to the residential use of the property, and that the
residential use continues.
v. Two outbuildings, of a maximum combined floor area of 118 sq. m. (1,278 sq. ft.), may be
used for the rental of canoes and kayaks. No other use is permitted in these two buildings.
vi. A minimum of 10 parking spaces shall be provided on site for the canoe and kayak rental
use.
16.5.73
RR1-73 Zone (Prinyer’s Cove area, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-73 zone, the
following provisions shall apply:
i.
ii.
16.5.74
Minimum lot area – 0.24 hectares (0.6 acres)
Minimum lot frontage – 38.1 metres (125 feet)
RR1-74 Zone (Denouden, Part Lot 89, Concession 1, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-74 zone, the
following provisions shall apply:
16.5.75
i. in addition to the uses permitted in the RR1 Zone a residential dwelling containing two (2)
dwelling units is also a permitted use.
RR1-75 Zone (Jackson, Part Lots 6 & 7, Concession 1 M,T., Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-75 zone, the
following provisions shall apply:
i. One existing accessory building may be located in the front yard not closer than 7.3 metres
(24 feet) to the front lot line.
16.5.76
RR1-76 Zone (Foster’s Campground, Pt. Lot 16, Conc. 1 WGP, Sophiasburgh Ward)
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184
Notwithstanding the provisions of this by-law to the contrary, within the RR1-76 zone, the
following provisions shall apply:
i.
16.5.77
The permitted uses shall be limited to the following:
a. a semi-detached dwelling,
b. a workshop,
c. a vehicle storage garage,
d. 3 existing apartment units all in the existing building
e. The sale and service of new and used boats and motors
f. Sale of camping trailers.
RR1-77 Zone (Hoffard, Part Lot 23, Concession 2, Hillier Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-77 zone, the
following provisions shall apply:
i. a dwelling is not a permitted use on the lands zoned RR1-77.
16.5.78
RR1-78 Zone (Corege, Part Lots 20 & 21, Concession 1 SECP, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-78 zone, the
following provisions shall apply:
i.
16.5.79
Lot frontage (minimum)
- 0 metres (0 feet)
RR1-79 Zone (Menard, Part Lot 29, Concession BS, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-79 zone, the
following provisions shall apply:
i. Minimum front yard setback shall be 15.2 metres (50 feet), measured from any given point,
along the entirety of the front lot line (along Prinyer’s Cove Crescent.).
16.5.80
RR1-80 Zone (Cronin, Part Lot D, Concession SPEB, South Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-80 zone, the
following provisions shall apply:
16.5.81
i.
Minimum front yard depth – 7.6 metres (25 feet)
RR1-81-H Zone (Blower, Pt. Lots 107 & 108, Conc. 3, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-81 zone, the
following provisions shall apply:
(i) Minimum Front Yard
5 metres (16.4 ft.)
(ii) Minimum Interior Side Yard
3 metres (9.8 ft.)
(iii) All buildings and structures must be setback a minimum of 15 metres (49.2 ft.) from the
1:100 year flood line or Environmental Protection (EP) Zone.
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185
No person shall within a RR1-81-H Zone erect any building or structure for any purpose or
shall use any land or alter any building or structure except for the following permitted uses:
-
buildings, structures and uses existing on the date of the passing of this
By-law.
A By-law shall not be enacted to delete the ‘H’ Symbol on part(s) or all of the lands zoned
RR1-81-H until the following conditions have been satisfied:
1)
that a Development Agreement has been executed with the Municipality
regarding the construction of the extension of Vienna Road and turn-around from the existing termination of Vienna Road to the proposed
termination point adjacent to the proposed retained lands as shown on the
preliminary site plan to the satisfaction of the Commissioner of Public
Works; and
2)
that the extension of Vienna Road (at a width of 66 feet) and turn-around be constructed to County standards for gravel road construction to
the satisfaction of the Commissioner of Public Works.
UPON the deletion by Council of the ‘H’ symbol suffixed to the RR1-81-H Zone category, the
uses and zones provisions of the RR1-81 Zone shall apply to the lands so zoned.
16.5.82
RR1-82 Zone (Huff, Pt. Lot 9, Lot 10 & Pt. Lot 11, Plan 12, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-82 zone, the
following provisions shall apply:
i. The two (2) dwellings existing at the date of the passing of this by-law, including any future
additions and/or improvements thereto, are permitted uses.
16.5.83
RR1-83 Zone (Wilson, Pt. Lots 5 & 6, Conc. 1 NWWL, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-83 zone, the
following provisions shall apply:
16.5.84
i.
Minimum rear yard – 15 metres (49.2 feet)
ii.
Minimum west interior side yard – 15 metres (49.2 feet)
iii.
That all buildings and structures be flood proofed to the 1:100 year flood
elevation as required by the Conservation Authority.
RR1-84 Zone (Wilson, Pt. Lots 5 & 6, Conc. 1 NWWL, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-84 zone, the
following provisions shall apply:
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
16.5.85
186
i.
Minimum rear yard – 15 metres (49.2 feet)
ii.
That all buildings and structures be flood proofed to the 1:100 year flood
elevation as required by the Conservation Authority.
RR1-85 Zone (Hill, Pt. Lot 6, Conc. 1 SBQ, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-85 zone, the
following provisions shall apply:
16.5.86
iii.
A photographic studio and gallery occupying a maximum of 239 square feet (22
sq. m) located wholly within the garage existing on the date of the passing of this
by-law is a permitted use.
iv.
Minimum of five (5) on site parking spaces shall be provided.
RR1-86 Zone (Wetzel, Pt. Lots 106 & 107, Conc. 3, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-86 zone, the
following provisions shall apply:
16.5.87
i.
Access to the lot may be provided by means of a private right-of-way, at least 3.05
metre (10 feet) wide, across the Millennium Trail.
ii.
The front lot line shall be deemed to be the lot line abutting the Millennium Trail.
RR1-87-H Zone (1444850 Ontario Inc., Pt. Lot 2, Conc. 1 SSWL, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-87-H zone, the
following provisions shall apply:
1.
THAT no person shall within a RR1-87-H Zone erect any building or structure for any
purpose or shall use any land or alter or enlarge any building or structure except for the
following permitted uses:
(i)
2.
Buildings and structures and uses existing on the date of passing of this
By-law.
A by-law shall not be enacted to delete the ‘H’ symbol on part(s) or all the lands zoned
RR1-87-H until the following conditions have been satisfied:
(i)
the owner shall undertake by a qualified firm, any necessary
environmental studies (Phase I and/or Phase II Environmental Site
Assessment) as deemed necessary by the County’s Chief Building
Official, to confirm to the satisfaction of the County’s Chief Building
Official that all on-site soils of each lot meets provincial criteria for
residential uses according to Guidelines for Use of Contaminated Sites in
Ontario (MOE 1997).
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
3.
16.5.88
187
UPON the deletion by Council of the ‘H’ symbol suffixed to the RR1-87-H Zone
category, the uses and zone provisions of the RR1 Zone shall apply to the lands so zoned.
RR1-88 Zone (Pt. Lot 10, Conc. SSWL, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-88 Zone, the
following provisions shall apply:
i. A contractor’s shop or yard, existing on the date of passing of this by-law, shall be a permitted
use in addition to the uses normally permitted in the RR1 Zone.
16.5.89
RR1-89 Zone (Kovacs, Lot 2, Plan 14, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR1-89 Zone, the
following provisions shall apply:
i.
Maximum Lot Coverage 17%
SECTION 17 RURAL RESIDENTIAL 2 (RR2) ZONE
No person shall within any Rural Residential 2 (RR2) Zone use any land or erect, alter or use any building
or structure except in accordance with the following provisions:
17.1
17.1.1
PERMITTED RESIDENTIAL USES
one single detached dwelling
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
188
17.1.2
home business
17.1.3
a private home day care
17.1.4
a bed and breakfast establishment
17.1.5
group home
17.1.6
uses, buildings and structures accessory to the foregoing permitted uses
17.2
PERMITTED NON-RESIDENTIAL USES
17.2.1
outdoor furnace in accordance with the provisions of Section 4.32 of this By-law
17.2.2
maximum of one windmill in accordance with the provisions of Section 4.33 of this By-law
17.2.3
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
17.3
REGULATIONS FOR PERMITTED RESIDENTIAL USES
17.3.1
Minimum Lot Area
0.8 ha (1.97 ac.)
17.3.2
Minimum Lot Frontage
60 m (196.8 ft.)
17.3.3
Minimum Front Yard
15 m (49.2 ft.)
17.3.4
Minimum Exterior Side Yard
15 m (49.2 ft.)
17.3.5
Minimum Interior Side Yard
6 m (19.7 ft.)
17.3.6
Minimum Rear Yard
12 m (39.4 ft.)
17.3.7
Maximum Lot Coverage (all buildings and structures)
15 %
17.3.8
Minimum Landscaped Open Space
30 %
17.3.9
Maximum Height of Buildings
10 m (32.8 ft.)
17.3.10
Maximum Number of Dwelling Units Per Lot
1
17.3.11
Minimum Dwelling Unit Area
90 m (970 sq. ft.)
17.4
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
2
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Rural Residential 2 (RR2) Zone shall apply and be complied with.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
17.5
189
SPECIAL RURAL RESIDENTIAL 2 (RR2) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
17.5.1
RR2-1 Zone (594 Morrison Pt Rd., Pt. Lot 2, Conc. 1 NBR, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-1 Zone, the
following provisions shall apply:
i.
ii.
17.5.2
No building shall be permitted on that part of the lands zoned RR2-1 which are shown
as Part 5 on Plan 47R 3377.
Minimum Side Yard 3 m (9.84 ft.)
RR2-2 Zone (South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-2 Zone, the
following provisions shall apply:
i. Minimum lot frontage
17.5.3
27.0 m (88.5 ft.)
RR2-3 Zone (Part of Lots 41 and 42, Concession Bayside, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-3 Zone, the
following provisions shall apply:
i. No building or structure shall be erected within 30 m (98.4 ft.) of the easterly lot line.
17.5.4
RR2-4 Zone (Part of Lot 80, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-4 Zone, the
following provisions shall apply:
i.
ii.
17.5.5
The farm structures existing on the date of passing of this by-law shall only be used
for dry storage.
The keeping of livestock shall not be permitted.
RR2-5 Zone (Pt. Lot 5, Conc. 1 WCV, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-5 Zone, the
following provisions shall apply:
i. Minimum lot area 1.5 ha (3.7 ac.)
ii. Minimum lot frontage 54 m (177.1 ft.)
iii. Minimum interior side yard, west side 1.67 m (5.47 ft.)
iv. Minimum interior side yard, east side 0.3 m (0.98 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
17.5.6
190
RR2-6 Zone (Part of Lot 6, Concession Lakeside, West Cape Vesey, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-6 Zone, the
following provisions shall apply:
i. The farm produce retail outlet existing on the date of passing of this by-law is a permitted
use.
17.5.7
RR2-7 Zone (Part of Lot 62, Concession Bayside, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-7 Zone, the
following provisions shall apply:
i. An antiques shop operated as a home business in the detached accessory buildings on the
date of passing of this by-law shall be a permitted use provided the total floor area devoted
2
to the antique shop shall not exceed 70 m (753.5 sq. ft.).
ii. Minimum lot area
17.5.8
0.7 ha (1.73 ac.)
RR2-8 Zone (Pt. Lots 11 & 12, Conc. 1 SSEL, Athol Ward)
(Part of Lot 89, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-8 Zone, the
following provisions shall apply:
i. Minimum lot frontage
17.5.9
15.2 m (50.0 ft.)
RR2-9 Zone (Part of Lot 16, Concession I, NSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-9 Zone, the
following provisions shall apply:
i. Minimum interior side yard 2.1 m (7.0 ft)
17.5.10
RR2-10 Zone (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-10 Zone, the
following provisions shall apply:
i. Minimum lot frontage
17.5.11
12 m (40 ft.)
RR2-11 Zone (Athol Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
191
Notwithstanding any provisions of this By-law to the contrary, within the RR2-11 Zone, the
following provisions shall apply:
i. Two (2) single detached dwellings shall be permitted.
17.5.12
RR2-12 Zone (Pt. Lot 6, Conc. 3 SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-12 Zone, the
following provisions shall apply:
i. An existing mobile home dwelling shall be a permitted use.
ii. Minimum lot frontage 185 m (606.9 ft.)
17.5.13
RR2-13 Zone (Part Lot 23, Conc. RPEB and Pt. Lot 2, Conc. LP, South Marysburgh
Ward)
(Hillier Ward)
(Part of Lot 23, Concession 1, SSEL, Athol Ward)
(Part Lot 15, Concession 1, NBR, South Marysburgh Ward)
(Part of Lot 83, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-13 Zone, the
following provisions shall apply:
i. Minimum lot frontage
17.5.14
32.0 m (104.5 ft.)
RR2-14 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-14 Zone, the
following provisions shall apply:
i. No dwelling shall be constructed within 9.14 m (30.0 ft.) of a flood plain or an
Environmental Protection (EP) Zone.
17.5.15
RR2-15 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-15 Zone, the
following provisions shall apply:
i. Minimum lot area
0.7 ha (1.71 ac.)
ii. The dwelling and barns existing on the date of passing of this by-law and future additions
thereto are permitted provided that the existing barns are not used for the keeping of
livestock and that the existing setbacks of the barn are not further reduced.
17.5.16 RR2-16 Zone (Pt. Lots 8 $ 9, Gore G, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-16 Zone, the
County of Prince Edward
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October 23, 2006
192
following provisions shall apply:
i. Minimum front yard 4.7 m (15.7 ft)
ii. Minimum exterior side yard 6.0 m (20 ft.)
17.5.17
RR2-17 Zone (Part Lots 8 & 9, Gore G, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-17 Zone, the
following provisions shall apply:
i. Minimum lot frontage, Fry Road 13.5 m (44.2 ft.)
17.5.18
RR2-18 Zone (Part of Lot 11, Concession SSWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-18 Zone, the
following provisions shall apply:
i. Minimum lot area 1.8 ha (4.4 ac)
ii. Minimum front yard 6.0 m (19.6 ft.)
17.5.19
RR2-19 Zone (Part of Lot 16, Concession EHB, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-19 Zone, the
following provisions shall apply:
i. Minimum lot area 1.8 ha (4.4 ac.)
ii. Minimum lot frontage 55.0 m (180.4 ft.)
iii. Minimum front yard 90 m (295.2 ft.)
17.5.20
RR2-20 Zone (Part of Lot 17, Concession 3, MT, Hallowell Ward)
(Part of Lot 100, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-20 Zone, the
following provisions shall apply:
i. Minimum lot frontage
17.5.21
6.0 m (19.68 ft.)
RR2-21 Zone (Part of Lot 15, Concession 2, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-21 Zone, the
following provisions shall apply:
i. The only permitted uses are an easement and a right-of-way.
ii. Buildings and structures are prohibited.
iii. Minimum lot frontage 31.0 m (101.7 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
17.5.22
193
RR2-22 Zone (Part of Lots 14 & 15, Concession 1, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-22 Zone, the
following provisions shall apply:
i.
The minimum setback for all buildings and structures from the flood plain of lake
Ontario or an EP Zone shall be 30.48 m (100 ft.).
17.5.23 RR2-23-H Zone (Pt. Lot 15, Conc. 1, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-23-H Zone, the
following provisions shall apply:
i.
Minimum lot area 1.9 ha (4.7 ac)
ii.
In addition to the uses permitted in the RR2 Zone, a hobby farm for the growing of
flowers, vegetables, fruits and vines, and which may include the keeping of a maximum
of two horses, is permitted as a use accessory to the main residential use on the property.
iii. Horses shall be the only permitted livestock.
17.5.24
iv.
The Minimum Distance Separation between a barn containing a maximum of two horses
or any manure storage area and a dwelling located on another lot shall be 55 m (180 ft.).
v.
The minimum setback for all buildings and structures from the flood plain of Lake
Ontario or an EP Zone shall be 30.48 m (100 ft.).
RR2-24 Zone (Part of Lot 14, Concession 1, Registered Plan 124, Lot 7, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-24 Zone, the
following provisions shall apply:
i. The minimum setback for all buildings and structures from the flood plain of Lake Ontario
or an EP Zone shall be 30.48 m (100 ft.).
ii. In addition to the uses permitted in the RR2 Zone, a non-commercial, non-boarding kennel
housing up to a maximum of eight (8) dogs is a permitted use. No boarding or grooming
facilities are permitted. The kennel is strictly for homeowner’s use only.
17.5.25
RR2-25 Zone (Part of Lot 36, Concession 1, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-25 Zone, the
following provisions shall apply:
i. Minimum lot frontage 155.0 (508.5 ft.)
ii. Minimum front yard 7.6 m (24.9 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
194
17.5.26 RR2-26 Zone (Pt. Lot 36, Conc. 1 SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-26 Zone, the
following provisions shall apply:
i. Minimum lot frontage 200 m (656.1 ft)
ii. Minimum front yard for the dwelling existing on the date of passing of this by-law shall be 0
m (0 ft).
iii. Minimum interior side yard 4.0 m (13.12 ft.)
17.5.27
RR2-27 Zone (Part of Lot 43, Concession 1, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-27 Zone, the
following provisions shall apply:
i. Minimum lot area 1.8 ha (4.44 ac.)
ii. Minimum front yard 9.0 (29.5 ft.)
iii. Minimum front yard for accessory buildings
iv. Minimum interior side yard for accessory buildings
17.5.28
RR2-28 Zone (Part of Lot 11, Concession 2, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-28 Zone, the
following provisions shall apply:
i. A retirement home for a maximum of 8 persons, including the owners/operator of the home,
shall be permitted.
17.5.29
RR2-29 Zone (Part of Lot 39, Concession Big Is., Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-29 Zone, the
following provisions shall apply:
i. Minimum front yard 4.87 m (15.9 ft.)
ii. Minimum interior side yard 7.01 m (22.9 ft.)
17.5.30
RR2-30 Zone (Part of Lot 43, Concession 1, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-30 Zone, the
following provisions shall apply:
i. Minimum front yard
8.83 m (28.9 ft.)
ii. The detached garage existing on the date of passing of this by-law, and future
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
195
improvements thereto, is a permitted use in the front yard provided the existing front yard
setback is not further reduced.
17.5.31
RR2-31 Zone (Part of Lot 43, Concession 1, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-31 Zone, the
following provisions shall apply:
i. Minimum lot frontage 56.0 m (183.7 ft.)
ii. Minimum front yard 7.62 m (25.0 ft.)
17.5.32
RR2-32 Zone (Part of Lot 1, Concession SECP, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-32 Zone, the
following provisions shall apply:
i. Minimum lot frontage 50.0 m (164.0 ft.)
ii. Minimum front yard 38.0 m (124.6 ft.)
17.5.33
RR2-33 Zone (Part of Lot 4, Haslett=s Plan 1875, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-33 Zone, the
following provisions shall apply:
i. Minimum east side yard 30.0 m (98.4 ft.)
ii. Minimum rear yard 30.0 m (98.4 ft.)
iii. No buildings, structures or development shall be permitted below the elevation of 76.6 m
(251.31 ft.) G.S.C.
17.5.34
RR2-34 Zone (Part of Lot 68, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-34 Zone, the
following provisions shall apply:
i. Minimum lot frontage 45.0 m (147.6 ft.)
ii. The front lot line shall be the line dividing the lot from County Road No. 28.
iii. Access shall only be permitted from County Road No. 28.
17.5.35
RR2-35 Zone (Part of Lot 68, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-35 Zone, the
following provisions shall apply:
i. Minimum lot area 0.6 ha (1.5 ac.)
ii. Minimum lot frontage 31.5 m (103.3 ft)
County of Prince Edward
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October 23, 2006
196
iii. The front lot line shall be the line dividing the lot from County Road No. 28.
iv. Access shall only be permitted from County Road No. 28.
v. No development including all exterior openings, all electrical and heating equipment and all
septic and weeping tile beds shall be permitted below the elevation of 76.3 m (250.32 ft.)
G.S.C. without the prior written approval of the Conservation Authority.
17.5.36
RR2-36 Zone (Part of Lot 77, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-36 Zone, the
following provisions shall apply:
i. Minimum front yard
7.5.37
4.57 m (15.0 ft.)
RR2-37 Zone (Part of Lots 67 & 68, Concession 3, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-37 Zone, the
following provisions shall apply:
i. Minimum lot area 2.2 ha (5.43 ft.)
ii. No buildings or structures shall be erected within 40 m (131.2 ft.) of the boundary of any
EP or EP-W Zone.
17.5.38
RR2-38 Zone (Haslett’s Plan, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-38 Zone, the
following provisions shall apply:
i. Minimum front yard 13.0 m (42.6 ft.)
ii. Minimum exterior side yard 13.0 m (42.6 ft.)
iii. Minimum interior side yard 3.0 m (9.84 ft.)
iv. Minimum rear yard 7.5 m (24.6 ft)
v. Maximum lot coverage, all buildings and structures 15 %
vi. Minimum landscaped open space 20 %
vii. All exterior openings (including windows and doors) of all buildings (including, without
limiting the generality of the foregoing, all additions and/or replacement buildings) and
all electrical and heating equipment, shall be located above the minimum elevation of
77.0 m (252.62 ft.) G.S.C.
viii. The developed portion of each lot (including, without limiting the generality of the
foregoing, that portion of the lot to be used for an addition or replacement building)
including all septic tanks and weeping bed tiles shall be located above the minimum
elevation of 75.9 m (249.01 ft.) G.S.C.
17.5.39
RR2-39 Zone (Part of Lot 61, Concession 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-39 Zone, the
County of Prince Edward
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October 23, 2006
197
following provisions shall apply:
17.5.40
i.
No development shall take place within 40 m (131.2 ft.) of the boundary of the
Sawguin Creek marsh wetland.
ii.
A 10 m (32.8 ft) natural buffer shall be maintained adjacent to the boundary of the
Sawguin Creek marsh wetland.
RR2-40 Zone (Pt. Lot 59, Conc. 2, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-40 Zone, the
following provisions shall apply:
i. Minimum lot area 1.7 ha (4.2 ac)
ii. Minimum lot frontage 118 m (387.1 ft.)
iii. Minimum front yard 12.19 m (40 ft)
17.5.41
RR2-41 Zone (Part of Lot 3, Concession 1, N.W.C.P., Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-41 Zone, the
following provisions shall apply:
i. The following uses are also permitted:
1. A merchandise service shop located in an accessory building existing at the date of
passing of this by-law.
2. A retail outlet located in an accessory building existing at the date of passing of this
By-law.
17.5.42
RR2-42 Zone (Bronson & Parsons, Pt. Lot 33, Conc. 1, N.B.R., South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the RR2-42 Zone, the
following provisions shall apply:
17.5.43
i.
Lands within the Environmental Protection (EP) Zone, on the same lot, may be
included in the calculation of lot area.
ii.
The buildings existing on the date of passing of this by-law, and future improvements
thereto, are a permitted use provided that any future additions meet the setback
requirements of the RR2 Zone.
RR2-43 Zone (Part of Lots 107 & 108, Conc. 3, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-43 zone, the
following provisions shall apply:
i. Minimum lot area 0.53 ha (1.3 acres)
ii. Minimum lot frontage 52 m (170.6 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
17.5.44
198
RR2-44 Zone (Lot 4, Conc. 2 N.W.W.L., Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-44 zone, the
following provisions shall apply:
i. Minimum yard adjacent to Gilead Road shall be equal to the setback existing on the date of
passing of this by-law.
17.8.45
RR2-45 Zone (Lot 14, Conc. 2 N.W.W. L., Hallowell Ward)
Notwithstanding the provisions of this By-law to the contrary, within the RR2-45 zone, the
following provisions shall apply:
i. Minimum east side yard shall be equal to the east side yard provided by the single detached
dwelling and the detached garage existing as of the date of passing of this by-law.
17.5.46
RR2-46 Zone
Reserved.
17.5.47
RR2-47 Zone (Lot 102, Conc. 5, Hillier Ward)
Notwithstanding any provisions of this by-law to the contrary, in the RR2-47 zone, the
following provisions shall apply:
i. Access to the lot may be provided by a private right-of-way from County Road No. 1.
ii. There is no commitment from or requirement of the County to assume year-round
maintenance of the private right-of-way. Levels of service provided to the lot, including
the level of emergency response, may be limited or reduced.
17.5.48
RR2-48 Zone (Part of Lot 34, Conc. 3, Hillier Ward)
Notwithstanding any provisions of this by-law to the contrary, within the RR2-48 zone, the
following provisions shall apply:
i. Minimum Front Yard 30.5 m (100 ft.)
17.5.49
RR2-49 Zone (Part of Lots 5 & 6, Conc. 1 S.B.Q., North Marysburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the RR2-49 zone, the
following provisions shall apply:
i. Minimum setback from the top of bank for any building or structure shall be 45.7 m (150 ft.)
17.5.50
RR2-50 Zone
County of Prince Edward
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October 23, 2006
199
Reserved.
17.5.51
RR2-51 Zone (Part of Lot 51, Conc. Bayside, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, in the RR2-51 zone, the
following provisions shall apply:
i. Minimum lot frontage 57 m (187 ft.)
17.5.52
RR2-52 Zone
Reserved.
17.5.53
RR2-53 Zone (Part Lot 14, Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-53 zone, the
following provisions shall apply:
i. Minimum lot frontage
17.5.54
47m (154 ft.)
RR2-54 Zone (Lot 43, Conc. 2 W.G.P., Sophiasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-54 zone, the
following provisions shall apply:
i. Minimum frontage
17.5.55
15 m. (49 ft.)
RR2-55 Zone (Mason, Pt. Lots 36, 37 & 38, Conc. 1 WGP Sophiasburgh Ward)
(Mason, Pt. Lots 36 & 37, Conc. 2 WGP Sophiasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-55 zone, the
following provisions shall apply:
i.
17.5.56
Minimum rear yard – 40 metres (131.2 feet)
RR2-56 Zone (Lot 20, Conc. 1 W.G.P., Sophiasburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, in the RR2-56 zone, the
following provisions shall apply:
i. The written approval of the Quinte Conservation Authority shall be required prior to the
issuance of an access, septic, or building permit.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
200
ii. Minimum lot frontage on a public road 0 m (0 ft.)
17.5.57
RR2-57 Zone (Nicholson Island Holdings Ltd., Lot 32, Conc. 1 LS, Ward of Hillier)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-57 zone, the
following provisions shall apply:
i.
17.5.58
The use of the lands for a parking/staying area for a hunt camp situated on Nicholson
Island, existing on the date of passing of this by-law, shall be a permitted use.
RR2-58 Zone
Notwithstanding the provisions of this by-law to the contrary, within the RR2-58 zone, the
following provisions shall apply:
i. Minimum lot area 0.7 ha
ii. Minimum lot frontage 50 m
17.5.59
RR2-59 Zone (Brown, Pt. Lot 23, Conc. RPEB, South Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-59 zone, the
following provisions shall apply:
i. Minimum north interior side yard – 1.8 m (6 feet)
ii. Maximum Lot Coverage – 40%
17.5.60
RR2-60 Zone (DeMille, Pt. Lots 12 & 13, Conc. 1 NWWL, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-60 zone, the
following provisions shall apply:
i. The only permitted buildings and structures on the lands zoned RR2-60 shall be agricultural
use buildings and structures. A dwelling is not a permitted use.
17.5.61
RR2-61 Zone (Molyneux, Part Lot 8, Concession 1 MT, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-61 zone, the
following provisions shall apply:
i.
17.5.62
Minimum rear yard
-
15 metres (50 feet)
RR2-62 Zone (Picard & Hardenne, Pt Lots 65 & 66, Conc. Irvine & Gerow Gore,
Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-62 zone, the
following provisions shall apply:
i.
Minimum front yard depth
-
6.09 metres (20 feet)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
17.5.63
201
RR2-63-H Zone (Point Petre Lots, Athol Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-63-H Zone, the
following provisions shall apply:
1.
No person shall within a RR2-63-H Zone erect any building or structure for any purpose
or shall use any land or alter or enlarge any building or structure except for the following
permitted uses:
(i)
2.
A by-law shall not be enacted to delete the ‘H’ symbol on part(s) or all the lands zoned
RR2-63-H until the following conditions have been satisfied:
(ii)
3.
17.5.64
buildings and structures and uses existing on the date of passing of this
By-law.
the owner(s) shall have acquired direct frontage and access onto a year
round public maintained road.
Upon removal of the ‘H’ symbol from the RR2-63-H Zone, all the provisions of the RR2
Zone and this By-law shall apply to the lands zoned RR2-63.
RR2-64 Zone (St. Pierre, Lots 5 & 6, Conc. LSECV, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-64 zone, the
following provisions shall apply:
i.
Minimum front yard depth
ii.
No dwelling or accessory building shall be permitted within 15 metres (49.2 feet) of the
1:100 year flood plain as identified by the Environmental Protection (EP) Zone.
17.5.65
-
12.2 metres (40 feet)
RR2-65 Zone (Chandler, 3794 County Road No. 8, North Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-65 zone, the
following provisions shall apply:
i.
17.5.66
In addition to the uses normally permitted in the RR2 Zone, a maximum of one windmill
shall also be a permitted use.
RR2-66 Zone (Goldie, Pt. Lot 14, Conc. 2 MT, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-66 zone, the
following provisions shall apply:
i.
A furniture restoration, repair and sales shop located in a detached accessory building is a
permitted home occupation use accessory to the main residential use of the lot.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
17.5.67
202
RR2-67 Zone (Lester, Pt. Lot 9, Conc. SSWL, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, within the RR2-67 zone, the
following provisions shall apply:
i.
A contractor’s shop or yard, existing on the date of passing of this by-law shall be a
permitted use in addition to the uses normally permitted in the RR2 Zone.
SECTION 18 CORE COMMERCIAL (CC) ZONE
No person shall within any Core Commercial (CC) Zone use any land or erect, alter or use any building or
structure except in accordance with the following provisions:
18.1
PERMITTED NON-RESIDENTIAL USES
18.1.1
financial institution and bank
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
203
18.1.2
clinic or office of medical practitioner
18.1.3
day nursery
18.1.4
retail commercial establishment
18.1.5
personal service shop
18.1.6
merchandise service shop
18.1.7
place of entertainment, recreation or assembly
18.1.8
commercial club
18.1.9
private club
18.1.10
restaurant
18.1.11
business, professional or administrative office
18.1.12
convenience store
18.1.13
hotel
18.1.14
bakery
18.1.15
dry cleaning distribution station
18.1.16
food store
18.1.17
laundromat
18.1.18
taxi depot
18.1.19
parking lot
18.1.20
video rental
18.1.21
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
18.1.22
uses, buildings and structures accessory to the foregoing permitted uses including the sale of
pre-filled propane tanks
18.2
PERMITTED RESIDENTIAL USES
18.2.1
one or more dwelling units in a portion of a commercial building
18.3
REGULATIONS FOR PERMITTED USES
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
18.3.4
Minimum Exterior Side Yard
18.3.5
Minimum Interior Side Yard
204
0 m (0 ft.)
i. abutting another commercial or an industrial zone
ii. abutting any other zone
0 m (0 ft.)
2.0 m (6.6 ft.)
18.3.6
Minimum Rear Yard
4.5 m (15 ft.)
18.3.7
Maximum Lot Coverage
60 %
18.3.8
Maximum Height of Buildings
12 m (40 ft.)
18.3.9
Existing Building Line
The existing building line shall be maintained in the case of any construction, reconstruction,
rebuilding or renovation of structures in the CC Zone. In the case of rebuilding or
reconstruction, where the former building encroached on the street line, the existing street line
shall be the new building line.
18.3.10 Minimum dwelling unit floor area
i. Bachelor Unit
ii. One Bedroom Unit
iii. Two Bedroom Unit
iv. More than Two Bedrooms
18.4
46 m2 (495.2 ft.2)
55 m2 (592 ft.2)
60 m2 (645.9 ft.2)
65 m2 (699.7 ft2)
SERVICING REQUIREMENTS
All uses permitted in the Core Commercial (CC) Zone shall be serviced with full municipal
water supply and sanitary sewer services.
18.5
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Core Commercial (CC) Zone shall apply and be complied with.
18.6
SPECIAL CORE COMMERCIAL (CC) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
18.6.1
CC-1 Zone (Midtown Meats, Pt. Lots 21, 22, 23A, 23B, 23C, 179 and 298, Plan No. 8,
Wellington Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
205
Notwithstanding any provisions of this By-law to the contrary, within the CC-1 Zone, the
following provisions shall apply:
i. Additional Permitted Uses
1. dry storage warehouse accessory to the main use
2. vehicle maintenance garage accessory to the main use
ii. Provisions for Permitted Uses
1. Minimum lot frontage 14.6 m (47.9 ft.)
2. Minimum rear yard 1.0 m (3.28 ft.)
3. Minimum parking area requirement 1 space per 65 m2 (699.6 sq. ft.) of gross floor
area
4. Minimum parking space area 15 m2 (161.5 sq ft)
18.6.2
CC-2 Zone (Village Green Café, Pt. Lot 55, Plan 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-1 Zone, the
following provisions shall apply:
i. Minimum lot frontage 14.7 m (48.2 ft)
ii. Minimum front yard 0.0 m (0 ft.)
iii. Minimum off-street parking requirement 4 spaces
iv. Minimum loading space requirement 0 spaces
18.6.3
CC-3 Zone (Pierson’s I.G.A. Parking Lot, Lot 116, Plan No. 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-3 Zone, the
following provisions shall apply:
i. A parking lot containing a minimum of 12 parking spaces shall be the only permitted use.
ii. Minimum lot frontage 9.2 m (30.18 ft.)
ii. Minimum lot area
2
494 m (5,317.5 sq. ft.)
2
iv. Minimum area of each parking space 14.3 m (154 sq. ft.)
18.6.4
CC-4 Zone (General Convenience Store & Pizza, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-4 Zone, the
following provisions shall apply:
i. Minimum lot area 297 m2 (3,169.9 sq. ft.)
ii. Minimum lot frontage 12.3 m (40.35 ft.)
iii. Minimum front yard 0 m (0 ft.)
iv. Minimum rear yard 2.1 m (6.88 ft.)
2
v. Minimum dwelling unit floor area 66 m (710.4 sq. ft.)
18.6.5
CC-5 Zone (Aman’s Abattoir, Pt. Lot 25B, Plan 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-5 Zone, the
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
206
following provisions shall apply:
i. In addition to the uses permitted in the CC Zone, an abattoir is also a permitted use.
ii. Minimum lot frontage 10 m (32.8 ft.)
iii. Minimum front yard 0 m (0 ft.)
iv. Minimum rear yard 0.3 m (0.98 ft.)
18.6.6
CC-6 Zone (Devonshire Inn, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-6 Zone, the
following provisions shall apply:
i. Permitted Uses
1. a hotel
2. a library, art gallery or museum
3. a restaurant, provided that no curb service or drive-in service is permitted
4. an accessory building containing laundry facilities or a maximum of three (3) hotel
units.
5. a dwelling unit in a portion of the main commercial building
ii. Provisions for Permitted Uses
1. Minimum side yard, accessory building 0.9 m (2.95 ft.)
18.6.7
CC-7 Zone (Don Channel Tire Sales & Service, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-7 Zone, the
following provisions shall apply:
i. A motor vehicle repair garage shall be a permitted use.
ii. The sale of gasoline, diesel fuel, or other fuels shall be prohibited.
iii. Minimum lot area 545 m2 (5,866.5 sq. ft.)
iv. Minimum side yard 0.82 m (2.69 ft.)
v. Minimum rear yard 0.3 m (0.98 ft.)
vi. Maximum gross floor area for a motor vehicle repair garage 175 m2 (1,883.7 sq. ft.)
18.6.8
CC-8 Zone (Pierson’s IGA, Lots 121-A, 121-C and 12-D, Plan No. 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-8 Zone, the
following provisions shall apply:
i. Minimum front yard 1.0 m (3.28 ft.)
ii. Minimum rear yard 8.67 m (28,4 ft.)
iii. Minimum interior side yard 0 m (0 ft.)
iv. Minimum exterior side yard 4.11 m (13.5 ft)
v. Maximum lot coverage 60%
vi. Minimum number of loading spacing 1
vii. Minimum loading space access aisle width 4.11 m (13.5 ft.)
2
viii. Minimum area of each parking space 14.3 m (154 sq. ft.)
2
ix. Minimum Off-Street Parking Requirement 1 space for each 37 m (398.2 sq. ft.) of gross
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
207
floor area.
x. The minimum number of parking spaces to be provided in connection with a food store use
shall be 38 spaces. Notwithstanding this requirement, a minimum of 26 parking spaces
shall be located on the lands zoned CC-8 in connection with a food store use, provided that
the additional 12 parking spaces that are required to make up the total of 38 spaces shall be
provided in an off-site parking area which:
1. is located on lands zoned Commercial or Special Commercial, and;
2. is located within 30 metres (98.4 ft) of the building it is intended to serve, and;
3. is under the same ownership as the use it is intending to serve or is under a long term
lease or long term renewable agreement.
18.6.9
CC-9 Zone (Tim Horton’s, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-9 Zone, the
following provisions shall apply:
i. In addition to the uses permitted in the CC Zone, a take out and drive thru restaurant shall
also be permitted.
18.6.10
CC-10 Zone (Tripp, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-10 Zone, the
following provisions shall apply:
i. A rear yard shall not be required for the existing building situated on part Lots 268 and 269.
18.6.11
CC-11 Zone (313 to 315 Main Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-11 Zone, the
following provisions shall apply:
i. Minimum lot area 128 m2 (1,377.8 sq. ft.)
ii. Minimum rear yard 0 m (0 ft.)
iii. Maximum lot coverage shall not apply.
18.6.12
CC-12 Zone (Wilson’s Sunoco & Car Wash, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-12 Zone, the
following provisions shall apply:
i. Permitted Uses
1. Motor vehicle service station
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
208
2. Motor vehicle sales lot as an accessory use to a main motor vehicle service station use.
3. Outside display or new or used automobiles, in good repair, for the purpose of their
sale or rent to the general public.
Provisions for Permitted Uses
1. Minimum interior side yard required for any building existing on the date of passing of
this by-law 0 m (0 ft.).
2. Minimum distance of any freestanding advertising sign
the front lot line 0 m (0 ft.)
3. Maximum number of access driveways for the lot shall be 4.
4. The maximum width of any two-way driveway access as measured along the outside
side lot line shall be 18 m (59.0 ft).
5. Parking space requirements shall be calculated at a rate of 1 space for each 37 square
metres (398.2 sq. ft) of floor area.
6. The open storage of motor vehicles for sale or rent shall be permitted in any yard
except the front yard.
7. A minimum 1.5 m (4.9 ft) wide continuous strip of landscaped open space shall be
provided along the front lot line only, except as required to provide driveway access to
the lot. The required landscaped open space may be comprised of grass, trees, shrubs,
ornamental planters, or a combination of these, maintained in a healthy growing
condition.
8. Where a required parking area providing more than four (4) parking spaces abuts a
street line, then separation of the parking area from the street line shall be provided by
means of a minimum 1.5 m (4.92 ft.) wide strip of landscaped open space or fencing
or a combination of both.
9. Prior to development or redevelopment of the lands zoned CC-12, a detailed site
plan(s) shall be approved by the County and a Site Plan Agreement shall be entered
into, pursuant to the Site Plan Control provisions of Section 41 of the Planning Act.
R.S.O. 1990, c.P.13.
18.6.13
CC-13 Zone (Swartz, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-13 Zone, the
following provisions shall apply:
i. Minimum lot frontage 13.35 m (43.79 ft.)
ii. Minimum rear yard 0 m (0 ft.)
iii. Maximum lot coverage 95%
18.6.14
CC-14 Zone (Lot 269, Plan No. 24, and in Old Lot 14, Simpson's Plan, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-14 Zone, the
following provisions shall apply:
i. An additional permitted use shall be storage units for rental to the public.
ii. Off-street parking spaces shall be provided on the property at the rate of one (1) parking
2
space for each 28 m (301.39 sq. ft.) of floor area of the building containing the storage units.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
iii. Minimum rear yard
209
0.3 m (0.98 ft.)
18.6.15 CC-15 Zone (Watson, 302 Main Street, Pt. Lot 954, Plan 24, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-15 Zone, the
following provisions shall apply:
i. An additional permitted use of the ground floor shall be one dwelling unit.
18.6.16
CC-16 Zone (Cleave, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-16 Zone, the
following provisions shall apply:
i. The use of the first or ground floor of the building existing on the date of passing of this
by-law for a maximum of five apartment units shall be permitted in addition to the uses
otherwise permitted in the CC zone.
ii. The minimum dwelling unit floor area for two bedroom apartment units on the first or
2
ground floor of the existing building shall be 55.74 m (600 sq. ft.).
iii. Minimum rear yard 2.5 m (8.2 ft)
18.6.17 CC-17 Zone (Hicks, Part of Lots 619 and 620, Registered Plan 24, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-17 Zone, the
following provisions shall apply:
i. Residential uses, including dwelling units situated above and within the same building
as the commercial uses, shall not be permitted.
18.6.18 CC-18 Zone (Former Picton Motors, 7 Paul Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-18 Zone, the
following provisions shall apply:
i. Minimum rear yard – 0.9 metres (3 ft.)
18.6.19
CC-19 Zone (Giant Tiger Parking Lot, Part of Lots 289 & 290, Plan 24, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-19 Zone, the
following provisions shall apply:
i. A parking lot shall be the only permitted use.
18.6.20 CC-20 Zone (Pump and Pantry, Petro Canada Gas Bar, Picton Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
210
Notwithstanding any provisions of this By-law to the contrary, within the CC-20 Zone, the
following provisions shall apply:
i. In addition to the uses permitted in the Core Commercial (CC) Zone, a motor vehicle service
station shall also be a permitted use.
18.6.21
CC-21 Zone (Giant Tiger Expansion, Lots 166, 262, 263 & 265, Plan 24, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CC-21 Zone, the
following provisions shall apply:
i.
ii.
Minimum Rear Yard setback – 0 metres (0 ft)
Maximum Lot Coverage – 100%
18.6.22 CC-22 Zone (Walter Evans/ Hardcopy Solutions, Pt. Lots 772, 773 & 774, RP 24, Ward
Picton)
Notwithstanding any provisions of this by-law to the contrary, within the CC-22 zone, the
following provisions shall apply:
i.
The Permitted Uses shall be restricted to only the following:
1. banks;
2. clinics or offices of medical practitioners;
3. offices;
4. personal or business services;
5. retail stores;
6. service industrial uses limited to bakeries, dry cleaning establishments;
7. printing shops and wholesaling establishments;
8. service outlets; and
9. uses accessory to the forgoing.
18.6.23 CC-23 Zone (Markland, Picton Ward)
Notwithstanding any provisions of this by-law to the contrary, within the CC-23 zone, the
following provisions shall apply:
i.
Minimum rear yard setback for the dwelling shall be 7.5 metres (24.6 feet)
18.6.24 CC-24 Zone (Lipson, Picton Ward)
Notwithstanding any provisions of this by-law to the contrary, within the CC-24 zone, the
following provisions shall apply:
i.
The permitted uses on the lands zoned CC-24 shall be limited to the three (3) parking
spaces, existing on the date of passing of this by-law.
ii.
Access to the lot may be by means of a right-of-way (Market Lane).
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
iii.
211
There is no commitment from or requirement by the Municipality to assume year-round
maintenance of Market Lane and levels of service provided to the lot may be limited or
reduced, including the level of emergency response to the lot.
18.6.25 CC-25 Zone (Cleave Management & Investment Inc., Picton Ward)
Notwithstanding any provisions of this by-law to the contrary, within the CC-25 zone, the
following provisions shall apply:
(i)
In addition to the uses normally permitted in the CC Zone the following
use shall be permitted:
-Tourist Inn
(ii)
For the purposes of this by-law a “Tourist Inn” is defined as a building
used for the accommodation of the traveling or vacationing public, and
shall contain not more than 8 guest rooms served by a common entrance.
(iii)
Minimum Lot Frontage
-
12.2 metres (40 feet)
(iv)
Minimum Rear Yard
-
1.5 metres (5 feet)
(v)
Maximum Building Coverage
-
100%
(vi)
A minimum of 18 parking spaces, including 2 barrier-free stalls
(handicapped spaces) shall be required for the uses permitted in the CC25 zone, and provided in off-site parking areas on adjacent lands zoned
CC-26.
18.6.26 CC-26 Zone (Cleave Management & Investment Inc., Picton Ward)
Notwithstanding any provisions of this by-law to the contrary, within the CC-26 zone, the
following provisions shall apply:
(i)
The permitted uses on the lands zoned CC-26 shall be limited to:
-a Parking Lot
-Open Space
(ii)
A minimum landscaped buffer of 0.9 metres (3 feet) shall be provided
and maintained between any Parking Lot and any Lot Line abutting a
street.
(iii)
The requirements of Section 41 of the Planning Act, R.S.O., 1990,
c.P.13, as amended, relating to Site Plan Control shall apply to the lands
zoned CC-26.
18.6.27 CC-27 Zone (Justin, Picton Ward)
Notwithstanding any provisions of this by-law to the contrary, within the CC-27 zone, the
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
212
following provisions shall apply:
i. Notwithstanding Section 18.1.18, a taxi depot is not a permitted use on the
lands zoned CC-27.
ii. Minimum number of on site parking spaces shall be 25.
SECTION 19 GENERAL COMMERCIAL (CG) ZONE
No person shall within any General Commercial (CG) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
19.1
PERMITTED NON-RESIDENTIAL USES
19.1.1
motor vehicle fuel bar
19.1.2
motor vehicle service centre
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
19.1.3
motor vehicle dealership
19.1.4
motor vehicle sales lot
19.1.5
motor vehicle repair garage
19.1.6
an automatic or coin operated motor vehicle washing establishment
19.1.7
marine sales and service establishment
19.1.8
recreational vehicle and small engine sales and service establishment
19.1.9
farm machinery sales and service establishment
213
19.1.10 restaurant
19.1.11 motel, motor hotel and hotel
19.1.12 garden and nursery sales and supply establishment
19.1.13 parking lot
19.1.14 place of entertainment, recreation and assembly
19.1.15 private club
19.1.16 retail commercial establishment
19.1.17 trailer and mobile home sales and service establishment
19.1.18 veterinary clinic
19.1.19 funeral home
19.1.20 food store
19.1.21
laundromat
19.1.22
taxi depot
19.1.23
video rental
19.1.24
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
19.1.25
19.2
uses, buildings and structures accessory to the foregoing permitted uses including the sale of
pre-filled propane tanks
PERMITTED RESIDENTIAL USES
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
214
19.2.1
one or more dwelling units in a portion of a commercial building
19.2.2
single detached dwelling
19.2.3
bed and breakfast establishment
19.2.4
home business
19.3 REGULATIONS FOR PERMITTED USES
465 m2 (5,000 sq. ft)
19.3.1
Minimum Lot Area
19.3.2
Minimum Lot Frontage
15 m (50 ft)
19.3.3
Minimum Front Yard
7.5 m (25 ft.)
19.3.4
Minimum Exterior Side Yard
6 m (20 ft.)
19.3.5
Minimum Interior Side Yard
4.0 m (13 ft.)
19.3.6
Minimum Rear Yard
19.3.7
Maximum Lot Coverage
40 %
19.3.8
Minimum Landscaped Open Space
30%
19.3.9
Maximum Height of Buildings
12 m (40 ft.)
6 m (20 ft)
19.3.10 Existing Building Line
The existing building line shall be maintained in the case of any construction, reconstruction,
rebuilding or renovation of structures in the CG Zone. In the case of rebuilding or
reconstruction, where the former building infringed on the street line, the existing street line
shall be the new building line.
19.3.11 Minimum dwelling unit floor area
i. Bachelor Unit
ii. One Bedroom Unit
iii. Two Bedroom Unit
iv. More than Two Bedrooms
19.4
46 m2 (495.2 sq. ft.)
55 m2 (592 sq. ft.)
60 m2 (645.9 sq. ft.)
65 m2 (699.7 sq. ft)
SERVICING REQUIREMENTS
All uses permitted in the General Commercial (CG) Zone shall be serviced with full municipal
water supply and sanitary sewer services.
19.5
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
215
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the General Commercial (CG) Zone shall apply and be complied with.
19.6
SPECIAL GENERAL COMMERCIAL (CG) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
19.6.1
CG-1 Zone (Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-1 Zone, the
following provisions shall apply:
i. Permitted Non-Residential Uses
1. clinic or office of medical practitioner
2. day nursery
3. retail commercial establishment
4. personal service shop
5. merchandise service shop
6. place of entertainment, recreation or assembly
7. commercial club
8. private club
9. restaurant
10. business, professional or administrative office
11. convenience store
12. bakery
13. taxi depot
14. parking lot
15. video rental
16. public uses or utilities in accordance with the provisions of Section 4.23 of this Bylaw
17. uses, buildings and structures accessory to the foregoing permitted uses
ii. Minimum interior side yard 2.0 m (6.5 ft.)
19.6.2
CG-2 Zone (Belsey, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-2 Zone, the
following provisions shall apply:
i. Minimum number of off-street parking spaces 9
ii. A continuous strip of landscaped open space having a minimum width of 1.5 m (4.92 ft.)
Shall be established and maintained along the rear limit of the property between the rear
limit and the parking area.
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iii. A Site Development Agreement shall be concluded and entered into between the County and
the owner of the property providing that any air exhaust from the proposed building addition
will be located in the rear wall of the addition, that the northeasterly side of the existing
building and the addition will be given a uniform appearance by the application of prepainted metal cladding, that the addition will be so constructed and used as to prevent the
transmission of noise or vibration outside of the building, and confirming the parking to be
provided.
19.6.3
CG-3 Zone (43 Main Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-3 Zone, the
following provisions shall apply:
i. A additional permitted use of the property shall be a life skills centre and teaching facility for
developmentally handicapped adults.
ii. A Site Development Agreement shall be concluded and entered into between the County and
the owners of the property providing that the use detailed in paragraph (i) preceding shall be
operated on a leasehold basis only and confirming the parking and access to be provided.
19.6.4
CG-4 Zone (Tip of Bay Hotel and Marina, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-4 Zone, the
following provisions shall apply:
i. Additional Permitted Uses
1. A marina and accessory uses including fuelling facilities
2. The existing guest rooms for the lodging and board of permanent guests which existed
on the date of passing of this by-law subject to the following limitations:
a. The maximum number of guest rooms used for permanent guests shall be fifteen
(15).
b. Each single guest room shall accommodate a maximum of one (1) permanent
guest.
c. Each double guest room shall accommodate a maximum of two (2) permanent
guests.
d. The maximum total number of permanent guests accommodated in the fifteen
guest rooms referred to in subsection a. shall be nineteen (19).
e. Permanent guests shall not be persons requiring regular medical or nursing care
nor persons requiring special care or assistance of any kind.
19.6.5
CG-5 Zone (Mid Town Motors, King Street, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-5 Zone, the
following provisions shall apply:
i. A motor vehicle sales establishment existing on the date of passing of this by-law shall be
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permitted in addition to all other uses permitted in the General Commercial (CG) Zone.
ii. Open storage shall be permitted in any yard in the CG-5 Zone, provided that it is limited to
the outside display of new or used motor vehicles, in good repair, for the purpose of their sale
or rent to the general public.
19.6.6
CG-6 Zone (995573 Ontario Ltd./Hennessy, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-6 Zone, the
following provisions shall apply:
i. Additional Permitted Uses
1. Clinics or offices of medical practitioners
3. A provincial court facility
4. Uses accessory to the foregoing
ii. Minimum front yard 0.91 m (3.0 ft.)
iii. Minimum side yard, northerly limit 0 m (0 ft.)
19.6.7
CG-7 Zone (McQuaid, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-7 Zone, the
following provisions shall apply:
i. The dwelling existing on the date of passing of this by-law shall be an additional permitted
use.
ii. Minimum front yard adjoining Head Street 3.35 m (10.99 ft.)
iii. Minimum rear yard
3.05 m (10.06 ft.)
iv. For the existing dwelling, the minimum front yard adjoining Bridge Street and the minimum
side yard adjoining Head Street shall be 0 m (0 ft.).
v. Minimum number of off-street parking spaces 5
19.6.8
CG-8 Zone (Motor Vehicle Licensing Bureau, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-8 Zone, the
following provisions shall apply:
i. The permitted use shall be the existing motor vehicle and drivers’ license bureau office.
19.6.9
CG-9 Zone (Merrill Inn, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-9 Zone, the
following provisions shall apply:
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i. The only permitted use is an hotel/inn, in the existing building, with a maximum of fifteen
(15) guest rooms, a meeting room, catering kitchen and a restaurant.
19.6.10 CG-10 Zone (97 Bridge Street, Lot 1077, Plan 24, Picton Ward) old C2-25
Notwithstanding any provisions of this By-law to the contrary, within the CG-10 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to:
1. A hotel/inn
2. A health club
3. The marina facilities existing on the date of passing of this By-law and any future
alterations or improvements thereto
ii. No additional buildings or structures shall be permitted in the existing front yard.
iii. The Site Plan Control provisions of Section 41 of the Planning Act, R.S.O., 1990 shall apply
to the lands zoned CG-10.
19.6.11
CG-11 Zone (Lavender Funeral Home Parking Lot, Lot 263, Plan 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-11 Zone, the
following provisions shall apply:
i. A parking lot shall be the only permitted use.
19.6.12
CG-12 Zone (Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CG-12 Zone, the
following provisions shall apply:
i. The only permitted uses on the lands zoned CG-12 shall be a real estate office and an accessory
dwelling house / unit.
SECTION 20 LOCAL COMMERCIAL (CL) ZONE
No person shall within any Local Commercial (CL) Zone use any land or erect, alter or use any building
or structure except in accordance with the following provisions:
20.1
PERMITTED NON-RESIDENTIAL USES
20.1.1
convenience store
20.1.2
personal service shop
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20.1.3
restaurant
20.1.4
bank or financial institution
20.1.5
business and professional office, not including medical clinic
20.1.6
laundromat on municipal sewer and water service only
20.1.7
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
20.1.8
uses, buildings and structures accessory to the foregoing permitted uses including the sale of
pre-filled propane tanks
20.2
PERMITTED RESIDENTIAL USES
20.2.1
one or more dwelling units in a portion of a commercial building
20.2.2
single detached dwelling
20.2.3
bed and breakfast establishment
20.2.4
home business
20.3
REGULATIONS FOR PERMITTED USES
20.3.1
Minimum Lot Area
i. Municipal sewer and water service
ii. Municipal water and private sewage service
iii. Private water supply and sewage service
20.3.2
465 m2 (5,000 ft.2)
0.4 ha (1 ac.)
0.4 ha (1 ac.)
Minimum Lot Frontage
1. Municipal sewer and water service
2. Municipal water and private sewage service
3. Private water supply and sewage service
15 m (50 ft.)
45 m (150 ft.)
45 m (150 ft.)
20.3.3
Minimum Front Yard
7.5 m (25 ft)
20.3.4
Minimum Exterior Side Yard
7.5 m (25 ft.)
20.3.5
Minimum Interior Side Yard
2.0 m (6.56 ft.)
20.3.6
Minimum Rear Yard
7.5 m (25 ft.)
20.3.7
Maximum Lot Coverage
35 %
20.3.8
Minimum Landscaped Open Space
35%
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Comprehensive Zoning By-law
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20.3.9
220
Maximum Height of Buildings
9 m (30 ft)
20.3.10 Existing Building Line
The existing building line shall be maintained in the case of any construction, reconstruction,
rebuilding or renovation of structures in the Local Commercial (CL) Zone. In the case of
rebuilding or reconstruction, where the former building encroached on the street line, the existing
street line shall be the new building line.
20.3.11 Maximum number of dwelling units per lot
i. Municipal sewer and water service
ii. Municipal water and private sewage service
iii. Private water supply and sewage service
3
1
1
20.3.12 Minimum dwelling unit floor area
i. Bachelor Unit
ii. One Bedroom Unit
iii. Two Bedroom Unit
iv. More than Two Bedrooms
20.5
46 m2 (495.2 sq. ft.)
55 m2 (592 sq. ft.)
60 m2 (645.9 sq. ft.)
65 m2 (699.7 sq. ft.)
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Local Commercial (CL) Zone shall apply and be complied with.
20.6
SPECIAL LOCAL COMMERCIAL (CL) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
20.6.1
CL-1 Zone (271/273 Main Street (formerly 65/67 Main Street) Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-1 Zone, the
following provisions shall apply:
i. A maximum of two dwelling units located above the first storey of a Local Commercial use
2
ii. Minimum lot area 982 m (10,570 sq. ft.)
iii. Minimum side yard 1.83 m (6.0 ft.)
iv. Minimum front yard 2.77 m (9.0 ft.)
20.6.2
CL-2 Zone (280 Main (formerly 50 Main) Street, Bloomfield Ward)
County of Prince Edward
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221
Notwithstanding any provisions of this By-law to the contrary, within the CL-2 Zone, the
following provisions shall apply:
i. Permitted Uses
1. Commercial uses which are of a low water consumption nature, consisting of one or a
combination of the following uses:
a. retail commercial uses
b. business/professional offices
c. service shops
d. convenience store
e. food store
f. bank, financial institution or loan company
2. One dwelling unit in a portion of a commercial building
ii. Provisions for Permitted Uses
2
1. Minimum Lot Area 665 m (7,158 sq. ft.)
2. Minimum Lot Frontage 12.2 m (40 ft.)
3. A minimum of four (4) parking spaces shall be provided on the site.
4. The building and septic system existing at the date of passing of this By-law, and any
future additions and/or improvements thereto is a permitted use provided that the
existing front and west and east interior side yards are not further reduced.
20.6.3
CL-3 Zone (Morden, 284 Main St. Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-3 Zone, the
following provisions shall apply:
i. Permitted Uses
1. Barber Shop/Beauty Shop
2. Business or Professional Office
3. Retail commercial establishment
4. Service Shop
5. A one-bedroom dwelling unit, in a portion of a commercial building
ii. Provisions for Permitted Uses
2
1. Minimum Lot Area 1178 m (2960 sq. ft.)
2. Minimum Lot Frontage 10.9 m (36 ft.)
3. Minimum Front Yard 1.8 m (6 ft.)
4. Minimum Side Yard 0 m (0 ft.)
5. Maximum commercial floor area per floor 185 m2 (1991 sq. ft.)
2
6. Minimum Dwelling Unit Floor Area 51 m (550 sq. ft.)
20.6.4
CL-4 Zone (The Chase Gallery, Bloomfield Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
222
Notwithstanding any provisions of this By-law to the contrary, within the CL-4 Zone, the
following provisions shall apply:
i. Permitted Uses
1. Barber Shop/Beauty Shop
2. Business or Professional Office
3. Retail commercial establishment
4. Service Shop
5. A one-bedroom dwelling unit, in a portion of a commercial building
ii. Provisions for Permitted Uses
2
1. Minimum Lot Area 377.5 m (4,065 sq. ft.)
2. Minimum Lot Frontage 9.0 m (29 ft)
3. Minimum Front Yard 0 m (0 ft.)
4. Minimum Side Yard for existing building 0 m (0 ft.)
5. Minimum Side Yard for accessory building 1.5 m (5 ft.)
6. Minimum Rear Yard 24.9 m (82 ft.)
2
7. Maximum Commercial Floor Area 68.3 m (735 sq. ft.)
2
8. Minimum Dwelling Unit Floor Area 53 m (575 sq. ft.)
9. A minimum of one (1) off street parking space shall be provided for the dwelling unit
10. No off street parking or loading spaces are required for the permitted commercial
uses.
20.6.5
CL-5 Zone (Wayne Carruthers, Lot 102, Registered Plan No. 2, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-5 Zone, the
following provisions shall apply:
i. Permitted Uses
1. a restaurant with a maximum of 10 seats for patrons, provided that no curb service or
drive in service is provided
2. retail commercial establishment
3. service shop
4. a bank, financial institution or loan company
5. business or professional office
6. one accessory dwelling unit
ii. Provisions for Permitted Uses
2
1. Minimum Lot Area 882 m (9,500 sq. ft.)
2. Minimum Lot Frontage 24.3 m (82 ft.)
3. Minimum Exterior Side Yard 4.25 m (14 ft.)
4. Minimum Side Yard for accessory building 1.5 m (5 ft.)
5. Minimum Rear Yard 24.9 m (82 ft.)
2
6. Maximum Commercial Floor Area 127.7 m (1,357 sq. ft.)
2
7. Minimum Accessory Dwelling Unit Floor Area 92.9 m (1,000 sq. ft.)
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8. A minimum of five (5) off street parking space shall be provided on the site
9. A minimum 1.82 m (6 ft) high wooden privacy fence shall be established and
maintained along the north property line and the northerly half of the east property
line, except as required to accommodate vehicular or pedestrian safety.
10. A minimum 1.2 m (4 ft.) high wooden fence shall be established and maintained
along the southerly half of the east lot line.
11. A landscaped buffer area having a minimum width of 1.5 m (5 ft) shall be provided
and maintained along the north and east property lines adjacent to any parking or
driveway area.
20.6.6
CL-6 Zone (Kyle Evans, Part of Lots 36 and 37, Registered Plan No.2, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-6 Zone, the
following provisions shall apply:
i. Permitted Uses:
1. a restaurant containing a maximum of 30 seats for patrons located in the main building
and/or the detached coach house, and which may include seating that is provided in an
outdoor patio, provided that no curb service or drive in service is provided.
2. Commercial uses which are of a low water consumption nature, located in the main
building and/or the detached coach house, to a maximum combined gross floor area of
2
139.35 m (1,500 sq. ft.), consisting of one or a combination of the following uses:
a. retail commercial establishment
b. business/professional offices
c. bank, trust company or other financial institution
d. service shop
3. Residential uses shall not be permitted
ii. Regulations for Permitted Uses:
2
1. Minimum Lot Area 483 m (5,200 sq. ft.)
2. Minimum Lot Frontage 11.58 m (38 ft.)
3. Minimum Front Yard 1.13 m (3.7 ft)
4. Minimum East Side Yard
a. Main Building 0.55 m (1.8 ft.)
b.Accessory Building 0.30 m (1.0 ft.)
5. Minimum West Side Yard
a. Main Building 0.9 m (3.0 ft.)
b.Accessory Building 5.6 m (18.4 ft.)
6. Minimum Rear Yard
a. Main Building 21.34 m (70.0 ft.)
b.Accessory Building 10.97 m (36.0 ft.)
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7. Maximum combined gross floor area for permitted low water consumption commercial
2
uses (not including permitted restaurant) shall be 139.35 m (1,500 sq. ft.)
8. Maximum gross floor area for a restaurant (excluding accessory outdoor patio space)
2
with seating for a maximum of 30 patrons shall be 60 m (645 sq. ft.)
9. A minimum of three (3) parking spaces shall be provided on the site;
10. A 1.52 m (5 ft.) high wooden privacy fence and landscaped buffers shall be provided
and maintained along the westerly and northerly property boundaries of the rear yard,
except as required to accommodate vehicular and pedestrian safety.
20.6.7
CL-7 Zone (Bill and Carol Roberts, Pt Lots 30, 33 and 39, Plan No. 2, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-7 Zone, the
following provisions shall apply:
i. Permitted Uses
1. a restaurant containing a maximum of 16 seats for patrons, which may include seating
that is provided in an outdoor patio, provided that no curb service or drive in service is
provided.
2. Commercial uses which are of a low water consumption nature, located in the main
building and/or a detached accessory building, consisting of one or a combination of
the following uses:
a. retail commercial establishment
b. business/professional offices
c. service shop
3. One (1) single detached dwelling or one (1) dwelling unit in a portion of a commercial
building
4. a bed and breakfast establishment operating within a single detached dwelling
ii. Regulations for Permitted Uses:
2
1. Minimum Lot Area 1,626 m (17,500 sq. ft.)
2. Minimum Lot Frontage 22.9 m (75 ft)
3. Minimum Front Yard 4.88 m (16.0 ft.)
4. Minimum East Side Yard for an accessory building 0 m (0 ft.)
5. A minimum of three (3) parking spaces shall be provided on the site
20.6.8
CL-8 Zone (Tammy Love, Lot 103, Registered Plan No. 2, Bloomfield Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
225
Notwithstanding any provisions of this By-law to the contrary, within the CL-8 Zone, the
following provisions shall apply:
i. Permitted Uses
1. Business or professional office
2. A retail commercial establishment
3. One (1) accessory dwelling unit to the permitted commercial uses
ii. Regulations for Permitted Uses:
1. Minimum Lot Frontage 25 m (85 ft.)
2. Maximum Lot Coverage 25%
2
3. Minimum Parking space size 16.25 m (175 sq. ft.)
iii. The Site Plan Control provisions of Section 41 of the Planning Act, R.S.O., 1990, as
amended shall apply to the lands zoned CL-8.
20.6.9
CL-9 Zone (Smith Chiropractic, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-9 Zone, the
following provisions shall apply:
i. A permitted use of the existing single detached dwelling shall be one chiropractor's office on
the first floor together with one dwelling unit on the second floor.
ii. A driveway entrance from Mary Street shall be constructed together with a parking area in
the rear of the existing building providing a minimum of six parking spaces.
iii. Suitable perimeter planting shall be provided to screen effectively the parking area from the
adjoining properties.
20.6.10 CL-10 Zone (Scott’s Store, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-10 Zone, the
following provisions shall apply:
i. Minimum rear yard
1.2 m (3.93 ft.)
ii. The side yard buffer strip along the easterly limit of Lot 745 shall have a minimum width of
1.7 m (5.57 ft.).
2
iii. One single detached dwelling having a minimum floor area of 85 m (914.9 sq. ft.) shall be
the only permitted residential use.
iv. The only driveway access to the property shall be the existing driveway from Mary Street
West adjoining the easterly limit of Lot 745.
20.6.11
CL-11 Zone (Hancock/Grier, Picton Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
226
Notwithstanding any provisions of this By-law to the contrary, within the CL-11 Zone, the
following provisions shall apply:
i. A retail sports equipment store together with uses accessory to it shall also be permitted.
20.6.12
CL-12 Zone (County Water Bottling Company, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-12 Zone, the
following provisions shall apply:
i. The following non-residential uses shall also be permitted:
1. a commercial motor vehicle repair garage
2. a water bottling and ice making plant
20.6.13 CL-13 Zone (Part of Block C, Plan No. 1, Milford, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-13 Zone, the
following provisions shall apply:
i. The only permitted non-residential uses shall be a second hand shop, including furniture
stripping, repair and refinishing.
2
ii. Minimum lot area 1,579 m (17,000 sq. ft.)
20.6.14 CL-14 Zone (Lot 3, Plan No. 1, Milford, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-14 Zone, the
following provisions shall apply:
i. The uses permitted on lands zoned CL-14 shall be located within the two buildings existing
on the date of passing of this by-law and any future improvements thereto, provided that
existing building envelopes are maintained.
ii. Permitted uses shall be limited to one or a combination of the following uses:
1. A restaurant containing a maximum of 14 seats for patrons.
2. Commercial uses which are of a low water consumption nature, consisting of one or a
combination of the following uses:
a. Antique shop
b. Retail commercial uses
c. Business and/or professional offices
3. One single detached dwelling
iii. Minimum lot area 0.2 ha (0.5 ac.)
iv. Minimum lot frontage 30.5 m (100 ft)
v. A minimum of six (6) parking spaces shall be provided on the site.
vi. No loading space shall be required.
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20.6.15
227
CL-15 Zone (Pt. Lot 3, Conc. 1 SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-15 Zone, the
following provisions shall apply:
i. Minimum lot area 0.10 ha (0.24 ac.)
ii. Minimum lot frontage 20.4 m (66.9 ft.)
iii. Minimum interior side yard 3.6 m (11.8 ft.)
iv. No parking spaces shall be required on the site.
v. No loading space shall be required on the site.
20.6.16 CL-16 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-16 Zone, the
following provisions shall apply:
i. Permitted Uses
1. One single detached dwelling
2. A retail commercial establishment in a building separate from the single detached
dwelling, in which only the sale of crafts and antique collectibles, as well as the
restoration and sale of antique furniture is conducted. The restoration of said furniture
will not include the process of "stripping" the original finish off the furniture on site.
The sale and storage of said goods shall be strictly contained within the existing
commercial building.
ii. Provisions for Permitted Uses
1. Minimum lot area 0.73 ha (1.8 ac.)
2. Minimum lot frontage 106.0 m (347.7 ft.)
2
3. Maximum commercial floor area 206.7 m (2,225 sq. ft.)
4. The front lot line shall mean the line dividing the lot from the Township Road, known
locally as the Willow Springs Road.
20.6.17
CL-17 Zone (Part of Lots 1 & 22, Concession SECP, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-17 Zone, the
following provisions shall apply:
i. Permitted Uses shall be limited to the following:
1. Conveniences store
2. Property management office and accessory storage facility
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3. Mail drop-off and pick-up facility
4. Open storage, accessory to the permitted uses
ii. Provisions for Permitted Uses
1. Minimum interior side yard 3.0 m (10 ft.)
2. Minimum exterior side yard 3.0 m (10 ft.)
3. Minimum rear yard 5.0 m (16.4 ft.)
4. Maximum gross floor area for management office and accessory storage facility 185.8
2
m (2,000 sq. ft.)
5. Maximum building coverage 50 %
iii. Provisions for Open Storage
1. Every open storage use shall be accessory to the use of the main building on the lot.
2. An open storage use shall only be permitted in a rear yard.
3. No open storage use shall cover more than 35 % of the lot area.
4. Open storage shall be exempt from any screening or fencing requirement.
20.6.18 CL-18 Zone
Reserved.
20.6.19
CL-19 Zone (Part of Lot 35, 36 & 53, Plan No. 2, Consecon, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-19 Zone, the
following provisions shall apply:
i. The permitted uses shall be limited to the following:
2
1. A restaurant having a maximum gross floor area of 70 m (753.49 sq. ft.)
2. A retail store
3. A personal service shop
4. A professional office
5. An artist studio
ii. All uses shall be serviced by a piped municipal water supply.
iii. An accessory dwelling unit shall not be permitted.
iv. Provisions for Permitted Uses
2
1. Minimum lot area 1000 m (10,764 sq ft.)
2. Maximum lot coverage 15 %
3. Minimum number of required loading spaces 0
4. Minimum number of required on-site parking spaces 8
20.6.20
CL-20 Zone (Prince Edward Square, Rossmore, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-20 Zone, the
following provisions shall apply:
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i. The permitted uses shall be limited to the following:
1. a business or professional office
2. a restaurant
3. a retail commercial establishment
4. a personal service shop
5. a bank, trust company or other financial institution
6. a gasoline retail facility
7. a marina
8. an motor vehicle service station
9. a laundromat
10. a restaurant
11. a motor vehicle washing establishment
12. a hotel and/or motel
13. a motor vehicle sales or rental establishment
14. uses accessory to the above
ii. All uses shall be serviced by a piped municipal water supply.
iii. An accessory dwelling unit shall not be permitted.
iv. Open storage of goods and materials shall not be permitted.
2
v. Maximum gross floor area of individual buildings 760 m (8,180.8 sq. ft.)
20.6.21 CL-21 Zone (Rossmore, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-21 Zone, the
following provisions shall apply:
i. The permitted uses shall be limited to the following:
1. a business or professional office
2. a restaurant which provides take out service only
3. a retail commercial establishment
4. a personal service shop
5. a merchandise service shop
ii. All uses shall be serviced by a piped municipal water supply.
iii. An accessory dwelling unit shall not be permitted.
iv. Open storage of goods and materials shall not be permitted.
2
v. Maximum gross floor area of individual buildings 1070 m (11,517.7 sq. ft.)
20.6.22 CL-22 Zone (Part of Lot 68, Concession 3, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-22 Zone, the
following provisions shall apply:
i. The permitted uses shall be limited to the following:
1. a retail commercial establishment
2. one (1) accessory dwelling unit
2
ii. Minimum lot area 1500 m (16,146.3 sq. ft.)
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230
iii. Minimum lot frontage 30 m (98.4 ft.)
20.6.23
CL-23 Zone (282 Main Street, Lots 31 & 32, Registered Plan No. 2, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-23 Zone, the
following provisions shall apply:
i. The permitted uses shall be limited to commercial uses of a low water consumption nature,
consisting of one or a combination of the following uses:
1. Business and professional offices
2. Retail commercial establishment
3. A convenience store
4. Service shops
5. A bank, financial institution or loan company
ii. Provisions for Permitted Uses
2
1. Minimum Lot Area 557.0 m (5,995.6 sq. ft.)
2. Minimum Lot Frontage 12.0 m (39.3 ft.)
3. Minimum Front Yard 0.6 m (1.9 ft.)
4. Minimum Side Yard 2.4 m (7.87 ft.)
5. A minimum of two (2) off street parking spaces shall be provided.
6. The shed existing at the date of passing of this By-law and any future improvements
thereto is a permitted use provided the existing setbacks from the side and rear lot
lines are not further reduced.
20.6.24
CL-24 Zone (288 Main Street, Part of Lots 28, 29 & 30, Registered Plan No. 2, Bloomfield
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-24 Zone, the
following provisions shall apply:
i. The permitted uses shall be limited to commercial uses of a low water consumption nature,
consisting of one or a combination of the following uses:
1. Retail commercial uses
2. Business and professional offices
3. A convenience store
4. Service shops
5. A food store
6. A bank, financial institution or loan company
7. A barber shop/beauty shop limited to a floor area of 500 sq. ft. within the existing
building. (Added by By-law # 1280-2004)
ii. Provisions for Permitted Uses
2
1. Minimum Lot Area 1,100.0 m (11,480.6 sq. ft.)
2. Minimum Lot Frontage 15.0 m (50.0 ft.)
3. Minimum Front Yard 3.6 m (12.0 ft.)
4. Minimum Interior West Side Yard 3.0 m (10.0 ft.) (changed by By-law #1280-2004)
5. Minimum Interior East Side Yard 3.0 m (10.0 ft.)
County of Prince Edward
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October 23, 2006
231
6. A minimum of 16 off street parking spaces shall be provided.
20.6.25
CL-25 Zone (Part of Lots 2 and 3, Plan No. 1, Milford, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CL-25 Zone, the
following provisions shall apply:
i. Permitted uses shall include an antique business including retail sales
ii. Minimum front yard, existing structure 0 m (0 ft.)
iii. East interior side yard, existing structure 0 m (0 ft.)
iv. West interior side yard, existing structure 1.5 m (5 ft.)
v. Minimum off-street parking requirement 3 spaces
vi. Minimum loading space requirement 0 spaces
20.6.26
CL-26 Zone (Macaulay Village, Hallowell Ward)
Notwithstanding any provisions of this by-law to the contrary, within the CL-26 zone the
following provisions shall apply:
i. Permitted uses are limited to the following:
1. convenience store up to a maximum of 170 sq. m. (558 sq. ft.) total floor area
2. restaurant
3. service shop, personal
4. medical or dental clinic
20.6.27
CL-27 Zone (Part of Lot 2, Concession SSEL, North side of County Road 10, Athol Ward)
Notwithstanding the provisions of this by-law to the contrary, within the CL-27 zone, the
following provisions shall apply:
i. An additional permitted non-residential use shall be a retail commercial establishment
20.6.28
CL-28 Zone (Existing Funeral Homes, Picton Ward)
Notwithstanding the provisions of this by-law to the contrary, within the CL-28 zone, the
following provisions shall apply:
i. An additional permitted non-residential use shall be a funeral home
20.6.29 CL-29 Zone (Deroche Sports Store, 376 Main Street, Picton Ward)
Notwithstanding the provisions of this by-law to the contrary, within the CL-29 zone, the
following provisions shall apply:
i.
20.6.30
A retail sports equipment store, together with uses accessory thereto, shall be permitted
uses in addition to the uses permitted in the CL Zone.
CL-30 Zone (Forbes & Nussey, Bloomfield Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
232
Notwithstanding the provisions of this by-law to the contrary, within the CL-30 zone, the
following provisions shall apply:
i.
The uses permitted in the CL-30 Zone shall be limited to the following:
1.
commercial uses which are of a low water consumption nature, consisting of one
or a combination of the following uses:
- retail commercial uses
- business/professional offices
- service shops
- a convenience store
- a food store
- a bank, financial institution or loan company
ii.
iii.
iv.
v.
vi.
Minimum lot area – 557 square metres (6,000 sq ft)
Minimum lot frontage – 12.1 metres (40 feet)
Minimum front yard depth – 0.6 metres (2 feet)
Minimum side yard width – 2.4 metres (8 feet)
A minimum of two (2) parking spaces shall be provided on the site.
SECTION 21 HIGHWAY COMMERCIAL (CH) ZONE
No person shall within any Highway Commercial (CH) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
21.1
PERMITTED NON-RESIDENTIAL USES
21.1.1
antique shop
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
233
21.1.2
motel, motor hotel or hotel
21.1.3
motor vehicle dealership or a motor vehicle sales lot
21.1.4
recreational vehicle sales and service establishment
21.1.5
marine sales and service establishment
21.1.6
automatic or coin operated motor vehicle wash establishment, on full municipal services only
21.1.7
motor vehicle fuel bar
21.1.8
motor vehicle service station
21.1.9
farm and garden machinery sales and service establishment
21.1.10 swimming pool sales and display
21.1.11 fruit and vegetable market
21.1.12 garden and nursery sales and supply establishment
21.1.13 restaurant, including take out, drive thru and mobile restaurant
21.1.14
food store
21.1.15
light equipment sales and service establishment
21.1.16 brew-your-own beer and wine establishment, on full municipal services only
21.1.17 miniature golf course
21.1.18 veterinary clinic
21.1.19 building supply outlet
21.1.20 public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
21.1.21
21.2
uses, buildings and structures accessory to the foregoing permitted non-residential uses,
including the sale of pre-filled propane tanks
PERMITTED RESIDENTIAL USES
21.2.1
one single detached dwelling or one dwelling unit as an accessory use to any of the permitted
non-residential uses except uses involving the sale of gasoline or other similar petroleum
products.
21.2.2
home business
21.2.3
uses, buildings and structures accessory to the foregoing permitted residential uses
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
21.3
21.3.1
REGULATIONS FOR PERMITTED USES
Minimum Lot Area
i. Municipal sewer and water service
ii. Municipal water and private sewage service
iii. Private water supply and sewage service
21.3.2
234
740 m2 (8,000 ft.2)
0.4 ha (1 ac.)
0.8 ha (2 ac.)
Minimum Lot Frontage
i. Municipal sewer and water service
ii. Municipal water and private sewage service
iii. Private water supply and sewage service
25 m (80 ft.)
45 m (150 ft.)
60 m (196.9 ft.)
21.3.3
Minimum Front Yard
15 m (50 ft.)
21.3.4
Minimum Exterior Side Yard
15 m (50 ft)
21.3.5
Minimum Interior Side Yard
7.5 m (25 ft.)
21.3.6
Minimum Rear Yard
7.5 m (25 ft.)
21.3.7
Maximum Lot Coverage
30%
21.3.8
Minimum Landscaped Open Space
35%
21.3.9
Maximum Height of Buildings
10.5 m (35 ft.)
21.3.10 Light standards, fuel pump islands, support columns for an overhead canopy, and fuel pumps
may be located no closer than 6 metres (19.69 feet) from any street line provided they are not
located within any required sight triangle.
21.4
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Highway Commercial (CH) Zone shall apply and be complied with.
21.5
SPECIAL HIGHWAY COMMERCIAL (CH) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
21.5.1
CH-1 Zone (Prinzen Ford, 50 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-1 Zone, the
following provisions shall apply:
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
235
i. Permitted Uses
1. Motor vehicle dealership
2. Motor vehicle body shop
21.5.2
CH-2 Zone (Angeline’s Restaurant & Motel, 433 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-2 Zone, the
following provisions shall apply:
i. Permitted Uses
1. Motel
2. Restaurant
3. An accessory dwelling unit to be occupied by the owner, caretaker or other similar
persons employed on the lot on which the dwelling unit is located.
ii. Regulations for Permitted Uses:
1. Minimum Lot Frontage 49.8 m (163.4 ft.)
2. Minimum Front Yard 13.1 m (43 ft.)
3. Minimum West Side Yard 1.7 m (5.6 ft.)
4. Minimum East Side Yard 4.08 m (13.4 ft.)
21.5.3
CH-3 Zone (565 Main (formerly 69 Stanley West) Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-3 Zone, the
following provisions shall apply:
i. Permitted Uses
1. Kennel
2. Single detached dwelling
ii. Regulations for Permitted Uses:
2
1. Minimum Lot Area 1,718 m (18,500 sq. ft.)
2. Minimum Front Yard 4.4 m (14.5 ft.)
3. Minimum Side Yard 3.8 m (12.5 ft.)
21.5.4
CH-4 Zone (76 Main (formerly 148 Stanley West) Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-4 Zone, the
following provisions shall apply:
i. Additional Permitted Uses
1. Sales establishment for the retail sale of log homes
ii. Regulations for Permitted Uses:
County of Prince Edward
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October 23, 2006
236
1. Minimum Front Yard 9.0 m (30.0 ft.)
2. Minimum Side Yard 4.57 m (15.0 ft.)
21.5.5
CH-5 Zone (8 Wellington Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-5 Zone, the
following provisions shall apply:
i. Regulations for Permitted Uses:
1. Minimum Lot Frontage 34.0 m (111.5 ft.)
2. Dining facilities shall be for the exclusive use of overnight guests of the motel only.
3. The Site Plan Control provisions of Section 41 of the Planning Act, R.S.O., 1990, as
amended shall apply.
21.5.6
CH-6 Zone (57 Main (formerly 161 Main) Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-6 Zone, the
following provisions shall apply:
i. Regulations for Permitted Uses:
1. Minimum East Side Yard 1.67 m (5.5 ft.)
2. Minimum Rear Yard 2.37 m (7.8 ft.)
21.5.7
CH-7 Zone (Lot 168, Registered Plan No. 2, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-7 Zone, the
following provisions shall apply:
i. Permitted Uses:
1. Farm produce sales outlet
2. Medical or dental clinic
3. Restaurant, including drive-in or curb service
4. Place of entertainment
5. A retail establishment for the sale and service of motor vehicles, motor vehicle parts,
boats and farm equipment
6. Parking lot
7. Woodworking shop with accessory retail sales
8. Artist’s shop with accessory retail sales
9. Museum
10. Antique shop
11. Furniture store
12. Instructional studio
13. Garden sales and supply establishment
14. A dwelling unit in a portion of a commercial building permitted above, if occupied by
the owner, caretaker, watchman or other similar person employed on the lot on
which such dwelling unit is located, except that in the case of a parking lot, no
dwelling unit shall be permitted.
ii. Provisions for Permitted Uses:
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
237
1. Minimum Lot Area 1.2 ha (2.96 ac.)
2. Maximum Lot Coverage 20 %
3. The buildings existing on the date of passing of this by-law are a permitted use
provided that the existing front yard setback and interior side yard setback are not
further reduced.
21.5.8
CH-8 Zone (Laurie, Part Lots 120 & 121, Registered Plan No. 2, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-8 Zone, the
following provisions shall apply:
2
i. Minimum Lot Area 1,765 m (19,000 sq. ft.)
21.5.9
CH-9 Zone (Jiffy Mini-Mart, Lot 9 and Part of Lot 8, Registered Plan No. 8, Wellington
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-9 Zone, the
following provisions shall apply:
i. The only uses permitted shall be a convenience store, a laundromat, a snack bar and a motor
vehicle gasoline bar.
2
ii. Minimum lot area 1,765 m (18,998.9 sq. ft.)
iii. Minimum side yard, westerly lot line 1.5 m (4.92 ft.)
iv. The minimum front yard requirement shall not apply to the motor vehicle gasoline bar.
v. One loading space and one standby loading space shall be required.
2
vi Minimum parking space area 15 m (161.4 sq. ft.)
21.5.10
CH-10 Zone (Black Prince Winery, Part of Lot 20, Concession Military Tract, Hallowell
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-10 Zone, the
following provisions shall apply:
i. The permitted shall be limited to the following:
1. A winery, including wine tasting, storage, display, processing, administrative facilities
and accessory retail sales;
2. A vineyard;
3. An accessory single detached dwelling;
4. A business and professional office; and
5. Uses that are normally incidental and accessory to the foregoing.
ii. Minimum front yard 15.24 m (50.0 ft.)
iii. The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
relating to Site Plan Control shall apply.
21.5.11 CH-11 Zone
Reserved.
21.5.12
CH-12-H Zone (Daimler Retirement Parks Limited, Wellington Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
238
Notwithstanding any provisions of this By-law to the contrary, within the CH-12 Zone, the
following provisions shall apply:
i. Permitted Uses
1. Convenience store
2. Restaurant
3. Medical clinic
ii. Provisions for Permitted Uses
1. The combined total gross floor area for the permitted commercial uses shall not exceed
1,301 m2 (14,000 sq. ft), provided that the maximum gross floor area for each of the
permitted uses shall be as follows:
a. Convenience store 240 m2 (2583 sq. ft)
2
b. Restaurant 240 m (2583 sq. ft.)
c. Medical clinic
2
i. Phase 1 480 m (5166 sq. ft.)
ii. Phase 2 321 m2 (3350 sq. ft)
2. A landscaped strip not less than 3 m (9.84 ft) shall be provided, forming part of the
front yard adjacent to Prince Edward Drive, the side yard adjacent to Main Street, and the
rear yard adjacent to the east property line. The landscaping strip shall be graded, sodded
and/or seeded and planted with trees, shrubs, and /or flowers and the vegetation shall be
maintained in a healthy growing condition.
3. The “H” shall be removed when the owner has entered into a Development Agreement
with the County, which agreement shall address all municipal requirements, financial and
otherwise, including but not limited to:
a.
The completion of a detailed traffic study to the satisfaction of council
and the provisions of any works deemed necessary to implement the
recommendations of said study; and
b.
21.5.13
The completions of a detailed Stormwater management report to the
satisfaction of council and Quinte Conservation and the provision of any
works deemed necessary to implement the recommendations of said
study.
CH-13 Zone (Pt. Lot F, Conc. NSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-13 Zone, the
following provisions shall apply:
i.
ii.
The only permitted non-residential uses shall be a fruit and vegetable market and a bicycle
rental establishment.
Minimum lot area 0.3 ha (0.74 ac)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
239
21.5.14 CH-14 Zone (Pt. Lot 8, Conc. 1 LS, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-14 Zone, the
following provisions shall apply:
i.
ii.
21.5.15
In addition to the uses permitted in the CH Zone, a food processing machinery and
equipment sales establishment shall also be a permitted non-residential use and may
include facilities for the repair and maintenance of such machinery and equipment.
Minimum lot area
1.5 ha (3.7 ac.)
CH-15 Zone (Part of Lot 8, Concession 1, Lakeside, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-15 Zone, the
following provisions shall apply:
i.
ii.
iii.
21.5.16
The only permitted use shall be a small engine and farm equipment sales and service
shop.
Minimum lot area 0.5 ha (1.2 ac)
Minimum interior side yard 4.8 m (16.0 ft.)
CH-16 Zone (Part of Lot 7, Concession 3, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-16 Zone, the
following provisions shall apply:
i.
The only permitted non-residential uses shall be a woodworking shop and an accessory
retail outlet.
21.5.17 CH-17 Zone (Pt. Lot 21, Conc. 2 MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-17 Zone, the
following provisions shall apply:
i. Permitted non-residential uses:
1. Motor vehicle sales and rental establishment
2. Bus terminal and depot and accessory repair facility
3. Recreational establishment
ii. Residential uses are prohibited
iii. For the purposes of this subsection, a recreational establishment shall mean a building, used
or intended to be used for a swimming pool, health club, athletic club or a similar use.
21.5.18
CH-18 Zone
Reserved.
21.5.19
CH-19 Zone (Part of Lot 17, Concession 3, MT, Hallowell Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
240
Notwithstanding any provisions of this By-law to the contrary, within the CH-19 Zone, the
following provisions shall apply:
i. Minimum lot area 0.32 ha (0.79 ac.)
ii. Minimum lot frontage 38.0 m (124.6 ft.)
iii. Minimum rear yard 3.0 m (9.8 ft.)
21.5.20
CH-20 Zone (Pt. Lots 15 & 16, Conc. EHB, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-20 Zone, the
following provisions shall apply:
i. Non-residential uses shall be limited to the following:
1. A tea room
2. A gift shop
ii. Minimum lot area 0.40 ha (0.98 ac.)
ii. Minimum front yard 9.1 m (29.8 ft.)
iv. Minimum interior side yard 7.6 m (24.9 ft.)
21.5.21
CH-21 Zone (Part of Lot 23, Concession 3, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-21 Zone, the
following provisions shall apply:
i. Minimum lot area 0.12 ha (0.29 ac.)
ii. Minimum lot frontage 30.0 m (98.4 ft.)
iii. Minimum front yard 7.3 m (23.9 ft.)
iv. Minimum interior side yard 6.4 m (20.9 ft.)
21.5.22
CH-22 Zone (No Frills, Part of Lot 21, Concession 3, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-22 Zone, the
following provisions shall apply:
i.
The only permitted uses shall be a supermarket and a gas bar.
ii.
The maximum total gross floor area of a supermarket shall not exceed 5,110 m
(55,000 sq. ft.)
iii.
The gross floor area devoted to retail sales, exclusive of accessory non-food department
2
2
and non-leasable floor area shall not exceed 2,277 m (30,000 sq. ft.)
iii.
Accessory non-food departments other than seasonal garden sales, shall have no
2
independent exterior access and shall be limited to a maximum of 2,323 m (25,000 sq.
ft.) of the total gross floor area.
iv.
The requirements of Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended,
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
241
relating to Site Plan Control shall apply to the lands zoned CH-22.
21.5.23
CH-23 Zone (Part of Lots 37 & 38, Concession 2, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-23 Zone, the
following provisions shall apply:
i. The only permitted non-residential uses shall be:
1. The display and sale of vinyl and aluminum products, windows and doors, roofing and
eavestrough materials and items related to the installation of these products.
21.5.24 CH-24 Zone (Pt. Lot 60, Conc. 2 BF, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-24 Zone, the
following provisions shall apply:
i. The only permitted non-residential uses shall be:
1. Retail commercial use
2. The display and sale of antique furnishings
3. A workshop for the storage, repair and refinishing of antique furnishings that are for
sale on site.
21.5.25
CH-25 Zone (Part of Lot 16, Concession 1, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-25 Zone, the
following provisions shall apply:
i. The only permitted non-residential uses shall be:
1. Marine sales and service establishment
2. Recreational vehicle sales and service establishment
3. A workshop
4. Motor vehicle storage facility
ii. A converted dwelling with a maximum of three (3) dwelling units shall be the only permitted
residential use.
iii. Minimum lot area
21.5.26
0.14 ha (0.34 ac.)
CH-26 Zone (Part of Lot 58, Concession 2, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-26 Zone, the
following provisions shall apply:
i. The only permitted non-residential use shall be:
1. The fabricating and repair of canvas and canvas products
ii. Minimum lot area 1.4 ha (3.4 ac.)
iii. Minimum lot frontage 110 m (360 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
21.5.27
242
CH-27 Zone (Rogers, Pt. Lot 13, Concession 2, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-27 Zone, the
following provisions shall apply:
i. The only permitted non-residential use shall be a veterinary clinic and an animal medical
holding unit.
ii. Minimum lot area 0.4 ha (1 ac.)
21.5.28 CH-28 Zone (Part of Lots 36, 38, 39 & 40, Plan No. 3, Rossmore, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-28 Zone, the
following provisions shall apply:
i. The following uses are also permitted:
1. A motor vehicle rental establishment
2. Business and professional offices
3. A retail commercial establishment
ii. All uses shall be serviced by municipal water supply system.
iii. Minimum front yard 10.6 m (34.7 ft.)
iv. A landscaped planting strip shall not be required along the front lot line and the easterly
interior lot line.
v. A Restaurant shall not be permitted.
21.5.29 CH-29 Zone (Business Offices fronting on Loyalist Parkway, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-29 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. Business and professional offices.
ii. All uses shall be serviced by municipal water supply system.
21.5.30
CH-30 Zone (Mustang Drive-In Theatre, Part of Lot 4, Conc. 2, M. T,, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-30 Zone, the
following provisions shall apply:
i. In addition to the uses permitted in the CH Zone the following uses shall also be permitted:
1. A drive-in theatre.
2. Uses, buildings and structures that are normally incidental and accessory to the above
noted use.
21.5.31
CH-31 Zone (Plan 2, Gore K, Part of Lot 3, Business Offices, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-31 Zone, the
following provisions shall apply:
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
243
i. Permitted uses shall be limited to the following:
1. Business and professional offices.
21.5.32
CH-32 Zone (Spilchen / Marie’s Pizza, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-32 Zone, the
following provisions shall apply:
i. Minimum lot area – 1,579.3 square metres (17,000 sq ft.)
ii. Minimum lot frontage – 9.1 metres (30 feet)
iii. The uses permitted shall be limited to the following:
1.
a clinic
2.
an eating establishment
3.
a convenient store, food store, retail store
4.
a dwelling unit in a portion of a commercial building permitted above if occupied
by the owner, caretaker, watchman or other similar person employed on the lot on
which such dwelling unit is located.
iv. A minimum of 5 on-site parking spaces shall be provided in connection with the restaurant
existing on the date of the passing of this by-law.
21.5.33
CH-33 Zone (Spilchen / Marie’s Pizza, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-33 Zone, the
following provisions shall apply:
i. The uses permitted shall be limited to the following:
1.
a clinic
2.
an place of entertainment
3.
a retail establishment for the sale of motor vehicles, motor vehicle parts, boats and
farm equipment
4.
a motor vehicle gasoline bar
5.
motor vehicle sales, used
6.
a motor vehicle service station
7.
a convenience store, food store, retail store
8.
a dwelling unit in a portion of a commercial building permitted above if occupied
by the owner, caretaker, watchman or other similar person employed on the lot on
which such dwelling unit is located.
21.5.34 CH-34 Zone (Pt. Lot A, Conc. 1 N.W.C.P. Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-34 Zone, the
following provisions shall apply:
i.
The permitted uses shall be limited to the following:
1. a wholesale landscape business and nursery, including associated woodworking shop,
administrative facilities and open storage of bulk landscape materials such as mulch,
stone and sand;
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
244
2. a business/professional office including rental office space;
3. a detached single family dwelling; and
4. uses normally incidental and accessory to the foregoing.
ii.
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned CH-34.
iii.
An erosion and sedimentation control plan approved by the Conservation Authority shall be
prepared for and maintained on the property to protect Mosquito Creek and its associated
floodplain areas.
iv.
A minimum 1.5 metre wide landscape buffer shall be prepared and maintained along the
easterly property line adjacent to any outdoor storage or parking areas.
21.5.35 CH-35 Zone (Pickard, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-35 Zone, the
following provisions shall apply:
i.
ii.
iii.
The in addition to the permitted uses the following uses shall also be permitted:
1. Maximum of 2 single family detached accessory dwellings
Minimum Side Yard – 6.1 metres
Minimum separation between existing buildings – 6.5 metres
21.5.36 CH-36 Zone (Butler & Nadeau, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-35 Zone, the
following provisions shall apply:
i.
ii.
21.5.37
The location of the driveway, existing on the date of passing of this by-law, shall be
permitted.
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned CH-36.
CH-37 Zone (Cummings, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-37 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. an accessory dwelling unit
2. a gasoline retail facility;
3. a convenience store;
4. boat rentals (but not a marina);
5. a restaurant.
21.5.38
CH-38 Zone (The Willow Camp Store, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-38 Zone, the
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245
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. an accessory dwelling unit
2. a convenience store;
3. boat rentals (but not a marina);
4. a restaurant.
21.5.39
CH-39 Zone (Van Cott, Pt. Lot 11, Conc. 1 SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-39 Zone, the
following provisions shall apply:
21.5.40
i.
Permitted uses shall be limited to the following:
a nursery and garden centre, including the outdoor display and storage of bulk
landscaping materials such as topsoil, and mulch;
landscaping business with associated outdoor storage of owner’s heavy landscape
equipment such as trucks, grader and backhoe;
commercial greenhouse;
storage and repair workshop; and
small engine repair and sales.
ii.
Regulations for permitted uses:
(a)
The requirement of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as
amended, relating to Site Plan Control shall apply to the lands zoned CH-39.
(b)
A minimum of six (6) parking spaces and one (1) loading space shall be
provided.
(c)
Open storage of heavy landscape equipment is permitted in the rear yard only.
CH-40 Zone (Canadian Tire Store, 13321 Loyalist Parkway, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-40 Zone, the
following provisions shall apply:
i.
21.5.41
Permitted uses in addition to the uses normally permitted in the CH Zone:
1.
Automotive Supply Store and Accessory Uses
2.
Retail Store
ii.
Regulations for Permitted Uses:
1. Minimum Interior Side Yard for garden-centre fencing shall be 0 metres (0 ft.)
iii.
Outdoor garden-centre compound shall require no additional parking.
CH-41 Zone (Rogers, Pt. Lot 16, Conc. 2 MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-41 Zone, the
following provisions shall apply:
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246
i.
Permitted uses in addition to the uses normally permitted in the CH Zone:
1.
a microbrewery (craft brewery), including accessory retail commercial, office
space and tasting areas;
2.
uses normally incidental and accessory to the foregoing.
ii.
A minimum of 10 parking spaces (including 1 barrier-free stall) shall be provided on-site.
iii.
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned CH-41.
21.5.42
CH-42 Zone (Laidley, 5567 Highway 62, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-42 Zone, the
following provisions shall apply:
i.
21.5.43
Permitted uses in addition to the uses normally permitted in the CH Zone:
1.
a retail commercial establishment.
CH-43 Zone (Empey Tire Store & Walker Mini-Storage Facility, 281 County Road 28,
Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the CH-43 Zone, the
following provisions shall apply:
i.
Permitted uses in addition to the uses normally permitted in the CH Zone:
1) Mini Storage Facility
SECTION 22 TOURIST COMMERCIAL (TC) ZONE
No person shall within a Tourist Commercial (TC) Zone use any land or erect, alter or use any building or
structure except in accordance with the following:
22.1
PERMITTED NON-RESIDENTIAL USES
22.1.1
tourist establishment
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
22.1.2
motel
22.1.3
hotel
22.1.4
tourist inn
22.1.5
resort establishment
22.1.6
golf course
22.1.7
miniature golf course
22.1.8
golf driving range
22.1.9
mobile restaurant
247
22.1.10 marina and accessory uses including storage, fuelling facilities and marine sales and service
22.1.11 summer camp
22.1.12 any use, building or structure accessory to a permitted use including recreational facilities,
convenience store and restaurant
22.1.13 public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
22.1.14
uses, buildings and structures accessory to the foregoing permitted non-residential uses,
including the sale of pre-filled propane tanks
22.2
PERMITTED RESIDENTIAL USES
22.2.1
one single detached dwelling or one dwelling unit as an accessory use to any of the foregoing
permitted non-residential uses
22.2.2
home business
22.2.3
uses, buildings and structures accessory to the foregoing permitted residential uses
22.3
REGULATIONS FOR PERMITTED USES
22.3.1
Minimum Lot Area
i. Municipal sewer and water service
ii. Municipal water and private sewage service
iii. Private water supply and sewage service
22.3.2
740 m2 (8,000 ft.2)
0.4 ha (1 ac.)
0.8 ha (2 ac.)
Minimum Lot Frontage
i. Municipal sewer and water service
25 m (80 ft.)
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Comprehensive Zoning By-law
October 23, 2006
ii. Municipal water and private sewage service
iii. Private water supply and sewage service
248
45 m (150 ft.)
60 m (196.9 ft.)
22.3.3
Minimum Front Yard
15 m (50 ft.)
22.3.4
Minimum Exterior Side Yard
15 m (50 ft.)
22.3.5
Minimum Interior Side Yard
6 m (19.7 ft.)
22.3.6
Minimum Rear Yard
7.5 m (25 ft.)
22.3.7
Maximum Lot Coverage
30%
22.3.8
Minimum Landscaped Open Space
30%
22.3.9
Maximum Height of Buildings
10.5 m (34.5 ft.)
22.3.10
Minimum Distance between Buildings
3 m (10 ft.)
22.4
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Tourist Commercial (TC) Zone shall apply and be complied with.
22.5
SPECIAL TOURIST COMMERCIAL (TC) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
22.5.1
TC-1 Zone (Pickard’s Bait & Tackle, Lot 159, Plan 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-1 Zone, the
following provisions shall apply:
22.5.2
i. Minimum lot area 1,800 m2 (19,375.6 sq. ft.)
ii. Minimum lot frontage 30 m (98.4 ft.)
iii. Minimum front yard 7.6 m (24.9 ft.)
iv. Minimum exterior side yard 1.8 m (5.90 ft.)
TC-2 Zone (Part of Lot 11, Concession Long Point, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-2 Zone, the
following provisions shall apply:
i. Permitted Non-Residential Uses:
1. a convenience store
2. a tourist establishment
3. an interpretive centre
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249
4. a commercial dive shop
5. a food service accessory to a tourist establishment
ii. Provisions for Permitted Uses:
1. Minimum lot frontage 100 m (328 ft.)
2. Minimum front yard 45 m (147.6 ft.)
3. Minimum lot area 4 ha (9.8 ac.)
4. Interior side yard 13 m (42.6 ft.)
22.5.3
TC-3 Zone (Part of Lot 11, Concession Long Point, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-3 Zone, the
following provisions shall apply:
i. Permitted Non-Residential Uses
1. A tourist establishment, with a maximum of two tourist cottages, suitably buffered
from the Municipal road by a planting of trees.
2. A parking area, suitably buffered from the Municipal road by a planting of trees.
3. A commercial dive shop.
4. A food service, accessory to a tourist establishment.
ii. Provisions for Permitted Uses
1. Minimum lot frontage 700 m (2,300 ft.)
22.5.4
TC-4 Zone (Part of Lot 2, Concession 1 N.B.R., South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-4 Zone, the
following provisions shall apply:
i. The only permitted non-residential use shall be a tourist establishment.
ii. Minimum lot area 1.6 ha (4 ac.)
iii. Minimum lot frontage 166 m (545 ft.)
iv The lot frontage shall be considered to be that land that lies adjacent to the right-of-way
leading to Morrison Point Road.
22.5.5
TC-5 Zone (Pt. Lot 2, Conc. 1 NBR, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-5 Zone, the
following provisions shall apply:
i. The only permitted non-residential use shall be a tourist establishment.
ii. Minimum lot area 0.8 ha (2 ac.)
iii. Minimum lot frontage 100 m (330 ft)
iv The front lot line shall be deemed to lie adjacent to the right-of-way leading to Morrison
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250
Point Road.
22.5.6
TC-6 Zone (Part of Lot 8, Concession 1 N.B.R., South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-6 Zone, the
following provisions shall apply:
i. Residential uses shall not be permitted.
ii. Permitted non-residential uses:
1. A tourist establishment only, containing a maximum of eleven (11) rental buildings,
existing on the date of passing of this by-law.
iii. Minimum lot area 2.5 ha (6.2 ac)
iv. Minimum lot frontage 55 m (180 ft.)
v. Minimum side yard, east 1.8 m (6 ft)
vi. Two rental buildings and their associated septic systems, which are located within 30.48 m
(100 feet) of the water’s edge and which existed on the date of passing of this By-law are
permitted.
22.5.7
TC-7 Zone (Part of Lot 9, Concession 1, South of the Bay Of Quinte, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-7 Zone, the
following provisions shall apply:
i. The only permitted non-residential use is a marina.
22.5.8
TC-8 Zone (Part of Lot 1, Concession LSWCV, North Marysburgh Ward)
(Part of Lot 2, Concession LSWCV, North Marysburgh Ward)
(Part of Lot 65, Bayside Concession, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-8 Zone, the
following provisions shall apply:
i. The only permitted non-residential use is a tourist establishment.
22.5.9
TC-9 Zone (Waupoos Island, North Marysburgh Ward)
(Pt Lot 16, Conc. Lakeside, West of Cape Vesey, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-9 Zone, the
following provisions shall apply:
i. The only permitted non-residential use is a summer camp.
22.5.10 TC-10 Zone (Prinyer’s Cove Marina, Pt. Lot 30, Conc. BS, North Marysburgh Ward)
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251
Notwithstanding any provisions of this By-law to the contrary, within the TC-10 Zone, the
following provisions shall apply:
i. The only permitted non-residential uses are a marina and a restaurant.
22.5.11 TC-11 Zone (Part of Lot 10, Conc. LSWCV, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-11 Zone, the
following provisions shall apply:
i. The only permitted non-residential uses shall be
1. a tourist cabin establishment
2. agricultural uses consisting of orchards or vineyards
ii. Minimum lot area 1.8 ha (4.4 ac.)
iii. Minimum lot frontage 180 m (590 ft.)
22.5.12
TC-12 Zone (Part of Lot 21, Conc. LSECV, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-12 Zone, the
following provisions shall apply:
i. The only permitted non-residential use is a tourist inn.
22.5.13 TC-13 Zone (Girl Guides of Canada, Waupoos Camp, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-13 Zone, the
following provisions shall apply:
i. The uses permitted in the TC-13 Zone shall be limited to the following:
1. A “camp” used on a four seasons basis rather than during only the summer months for
the purposes of recreation, conservation, and/or education, and which may include
administrative offices and temporary, overnight sleeping accommodations, shall be the
principle permitted use.
2. A resort, a cabin establishment, and a cottage establishment may also be permitted as
accessory uses to the principle permitted use of the lands as a four season
recreation/education camp.
ii. A minimum setback of 15.24 m (50 ft) shall be maintained between the top or toe of the
escarpment and the nearest portion of any building or structure located in the TC-13 Zone.
iii. A minimum setback of 23 m (75.45 feet) shall be maintained between the high water mark of
Lake Ontario and the nearest portion of any building or structure located in the TC-13 Zone,
with the exception of docks, boathouses or shoreline works that have been approved by the
Conservation Authority and the County.
iv. Minimum side yard 7 m (23 ft)
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252
v. A detailed site plan(s) and supporting documentation pursuant to the Site Plan Control
provisions of Section 41 of the Planning Act, R.S.O., 1990 and the policies of the Official
Plan shall be submitted to and approved by the County prior to development or
redevelopment of lands within the TC-13 Zone.
22.5.14
TC-14 Zone (Waupoos Marina, Part of Lot 4, Conc. LSWCV, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-14 Zone, the
following provisions shall apply:
i. The permitted non-residential uses shall include a marina with docking facilities and
accessory uses thereto including a clubhouse and offices in addition to any other use
permitted by the TC Zone.
ii. Minimum lot area shall be 0.2 ha (0.49 ac.)
iii. Where a rear yard and/or interior side yard abuts a navigable body of water, then such rear
yard and/or interior side yard may be reduced to 0 m (0 ft).
iv. The minimum front yard for the one and a half storey structure shall be 0 metre (0 ft.)
v. Minimum front yard, one storey structure shall be 1.5 metres (4.9 ft.)
vi. Minimum interior side yard, one storey structure existing on the date of passing of this bylaw shall be 4.5 m (14.7 ft.)
vii. Minimum rear yard, one and one and a half storey structures existing on the date of passing
of this by-law shall be 6.0 m (19.68 ft.)
viii. Minimum setback from the centre line of a County Road for existing buildings shall be 8.1
m (26.5 ft.)
22.5.15
TC-15 Zone (Part of Lot 22, Concession Bayside, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-15 Zone, the
following provisions shall apply:
i. Permitted non-residential uses
1. Woodworking shop, which for the purposes of this by-law shall be defined as a
building or structure in which carpentry is carried on.
2. Marine Repair Service, which for the purposes of this by-law shall be defined as a
building or structure in which the repair and construction of boats is carried on.
3. Open Storage, subject to the following provisions:
a. all open storage shall be accessory to the use of the workshop on the lot
b. all open storage use shall be concealed from all abutting rights-of-way and water
bodies and from adjacent seasonal residential uses by a fence, wall or similar
structure.
c. Maximum lot coverage of open space 5%
ii. Permitted residential uses
1. Single detached dwelling
2. Mobile home dwelling
iii. Access shall be provided by the private right-of-way which abuts the property to the south.
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253
22.5.16 TC-16 Zone (Pt. Lot 49, Conc. BS, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-16 Zone, the
following provisions shall apply:
i. No development shall be permitted below the flood line or within 30 m (98.4 ft.) of the high
watermark whichever is greater, except a boat house, pump house or a dock provided
such accessory buildings or structures are located no closer than 3 m (9.8 ft.) to the side
lot line or its projection
ii. Access shall be by private right-of-way which abuts the property to the south and which
permits access to County Road 7.
iii. For purposes of this by-law, the front lot line shall be deemed to be the southerly boundary
line of the property.
iv. No development shall be permitted within 15 m (49.2 ft.) of the lower bluff that drops to the
escarpment.
v. The number of cottages and/or dwelling units on the property shall be limited to three.
22.5.17 TC-17 Zone (Lake on the Mountain Resort, Pt Lot 6, Conc. I, SBQ, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-17 Zone, the
following provisions shall apply:
i. The permitted uses shall be restricted to the following:
1. a motel
2. a tourist cabin establishment
3. a restaurant
4. a single detached dwelling or dwelling unit only if occupied by the owner, caretaker,
watchman or other similar person, and his family, if such other person is employed
on the lot on which the single detached dwelling is located
ii. An unenclosed deck to be used in conjunction with the restaurant may project into the
required interior side yard but shall not be closer than 0.5 m (1.6 ft.) to any lot line and shall
not be more than 1.85 m (6 ft.) above average grade.
22.5.18
TC-18 Zone (The Hay Loft, Part of Lot 23, Concession I, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-18 Zone, the
following provisions shall apply:
i. The only permitted use shall be a dance hall and uses accessory thereto.
22.5.19 TC-19 Zone (Pt. Lots 11 & 12, Conc. 1 SSEL, Athol Ward)
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254
Notwithstanding any provisions of this By-law to the contrary, within the TC-19 Zone, the
following provisions shall apply:
i. Permitted non-residential uses
1. Tourist establishment
2. Marine sales and service establishment
3. Small engine repair shop
22.5.20
TC-20 Zone
Reserved.
22.5.21 TC-21 Zone (Pt. Lot 5, Conc. 1 NWCP, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-21 Zone, the
following provisions shall apply:
i. In addition to the permitted non-residential uses the following uses shall also be permitted:
1. Golf driving range
2. Miniature golf course
3. Golf pro shop
4. Uses accessory to the above noted use
ii. Minimum lot area 14 ha (34.5 ac)
22.5.22 TC-22-H Zone (Alexander Island, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-22-H Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to:
1. A resort establishment providing a maximum of 85 overnight guest accommodation
rooms to the traveling or vacationing public in one or more buildings, which may
include indoor and outdoor dining facilities and conference/meeting room facilities.
2. Indoor recreational facilities associated with the tourist resort use which may include
fitness establishment, a swimming pool, a health spa or a salon.
3. Outdoor recreational facilities which may include a putting green, a swimming pool,
walking trails and boat docking facilities on Lake Ontario.
4. Restaurant
5. Gift shop
6. Fishing charter service
7. A deer park and barn
8. Automated banking facilities
9. Uses normally incidental and accessory to the forgoing.
iii.
Access to the lands shall be provided by means of a public street, connecting Alexander
Island to the County road system, constructed and maintained to standards satisfactory to
the County.
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iii.
Minimum lot frontage 0 m (0 ft)
iv.
Minimum lot area
v.
No buildings or structures shall be located within 30 m (98.4 ft.) of the Pleasant Bay
Provincially Significant Wetland boundary as identified through the EP-W-1 Zone.
vi.
No buildings or structures related to a sewage disposal system, including weeping tile
fields, pumping chambers or distribution systems, shall be located within 15 m (49.2 ft.)
of the wetland vegetative buffer edge as identified through the EP-3 Zone.
vii.
No building or septic tank system, including weeping tile fields, shall be located within 30
m (98.4 ft.) of a flood plain.
viii.
The minimum setback for all buildings and structures from an interior lot line shall be 30
m (98.4 ft.).
ix.
x.
16.19 ha (40.0 ac.)
The lands shall be serviced by means of a private communal water system and private
sewage disposal system that are designed and operated in accordance with all applicable
permits and regulations of the Ministry of the Environment, the local Health Unit, and/or
the County.
Any and all development shall proceed in accordance with the “Pleasant Bay Lodge,
Alexander Island, Prince Edward County, Environmental Impact Study” dated January,
2001 and operate in accordance with a Management Plan, both documents to be approved
by the local Conservation Authority.
xi.
Prior to the removal of the “Holding” (-H) symbol, no person shall erect any building or
structure for any purpose or shall use any lot or alter any building or structure for any
purpose except for a purpose permitted in the Rural 1 (RU1) Zone.
xii. A By-law shall not be enacted to remove the “Holding” (-H) symbol until such time as:
xiii.
1. A Site Plan Agreement and / or a Development Agreement satisfactory to the County
has been executed and registered on title of the lands. The Agreement(s) shall
address, among other things, the design, construction and maintenance of the
unmaintained public road described as the Quarter Sessions Road, being the access
road to Alexander Island connecting the Island to County Road No. 27, to the
satisfaction of the County.
2. A Hydrogeological Report outlining the methods of servicing the site with private well
and subsurface sewage disposal systems has been completed and approved by the
County.
3. An Archaeological Resources investigation Report has been completed and approved
by the Ministry of Culture.
Upon removal of the “Holding” (-H) symbol by Council, the uses and zone provisions of
the TC-22 Zone shall apply.
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22.5.23 TC-23 Zone (Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-23 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. Golf course
2. Private park
22.5.24 TC-24 Zone (Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-24 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. A tourist establishment consisting of a maximum of 18 tourist cabins and/or tourist
cottages.
ii. Minimum lot area 1.9 ha (4.6 ac.)
22.5.25 TC-25 Zone (Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-25 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. A ten unit motel
2. An existing tourist establishment consisting of tourist cabins or tourist cottages
ii. Minimum north side interior side yard setback – 3.048 metres (10 ft).
22.5.26 TC-26 Zone
Reserved.
22.5.27 TC-27 Zone (Pt. Lots 11, 12 & 13, Conc. 1 NWWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-27 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. Golf course
2. Private park
ii. Minimum lot area
17.5 ha (43.2 ac.)
iii. Minimum lot frontage
0 m (0 ft.)
iv. Access to the property may be provided from a private right-of-way from the Loyalist
Parkway, provided that the access has been legally established.
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257
v. There is no commitment from or requirement by the County to assume responsibility for
ownership or maintenance of the access route and levels of service provided to the lot may
be limited or reduced, including the level of emergency response to the lot.
22.5.28
TC-28 & TC-28-H Zone (Waring House Restaurant and Inn, Pt. Lot 18, Conc. 2, MT,
Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-28 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. Restaurant
2. Lodge
3. Meeting facilities
4. Cooking school
5. Accessory recreational, leisure facilities including but not limited toa swimming pool,
hot tub, jacuzzi, sauna and activities room
6. Winery
ii. For the purposes of this By-law the three separate conveyable lots within the TC-28 Zone
and/or the TC-28-H Zone, totaling approximately 14.4 ha (35.7 ac.) of land are considered
one lot.
iii. Required side and rear yard setbacks are exempted save and except for along those lot lines
abutting parcels not zoned TC-28 or TC-28-H.
iv. Minimum lot area for lands zoned TC-28 and/or TC-28-H shall be 13.3 ha (33 ac.)
v. Minimum front yard
30 m (98.4 ft.)
vi. No building, structure or septic system, including weeping tiles, shall be located within 15.0
m (49.2 ft.) of the high water mark for the intermittent water course traversing the lands
zoned TC-28.
vii. No alteration to an existing building or structure or no new building or structure shall be
erected until the County is provided with a current Certificate of Approval, amended if
necessary, from the Ministry of Environment or its successor for all required private sewage
works. Alternatively, if a municipal sewage service is available adjacent to the lands zoned
TC-28, hook up shall be required prior to the issuance of a building permit.
viii. Prior to the removal of the “Holding” (-H) symbol, no person shall erect any building or
structure for any purpose or shall use any lot or alter any building or structure for any
purpose except for the following uses;
1. Agricultural use
2. Private sewage works, including tile bed areas
3. Parking areas
ix. A By-law shall not be enacted to remove the “Holding” (-H) symbol until such time as:
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1. The County is provided with a current Certificate of Approval, amended if necessary,
from the Ministry of Environment or its successor for all required private sewage
works. Alternatively, if a municipal sewage service is available adjacent to the lands
zoned TC-28, hook up shall be required.
2. Appropriate site plan approval, including the execution and registration on title to the
lands of a Site Plan Agreement, if required by the County.
22.5.29
TC-29 Zone (Part of Lots 1, 2, 3 & 4, Concession 1, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-29 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. Marina facility and accessory uses
ii. Minimum lot area 1.0 ha (2.4 ac.)
22.5.30
TC-30 Zone (Part of Lot 44, Conc. 1, SWGP and Pt Lots 1, 2, 3 & 4, Conc. 1, WGP,
Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-30 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall also include a maximum of three (3) camping sites for
travel trailers.
22.5.31
TC-31 Zone (Part of Lot 60, Concession 2, BF, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-31 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. Restaurant
2. Miniature golf course
3. Golf driving range
4. Food and confectionary sales as an accessory use to the above permitted uses.
ii. Minimum lot area 8.0 ha (19.7 ac.)
22.5.32
TC-32 Zone (Part of Lot 29, Concession Big Island, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-32 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to eight (8) tourist cabins.
ii. Minimum lot area 0.6 ha (1.48 ac.)
iii. Minimum front yard 4.27 m (14.0 ft.)
iv. Minimum setback from street centre line 12.0 m (39.37 ft.)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
v. Minimum side yard
259
2.6 m (8.53 ft.)
22.5.33 TC-33 Zone (Waupoos Winery, Part of Lot 9, Conc. LSWCV, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TC-33 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. A winery, including wine tasting, storage, display, processing and administrative
facilities and any associated outdoor patio area;
2. A dining/banquet facility for private rental and/or catered functions, located in the
existing gazebo structure and adjoining exterior terrace;
3. A vineyard;
4. A farm produce retail outlet;
5. Uses that are normally incidental and accessory to the forgoing.
ii. The required parking for the uses permitted in the TC-33 Zone may be provided in a
combination of on-site and off-site parking areas, provided that where the parking area is
located on a separate lot, the off-site parking area shall be located on lands which are in the
same ownership as the lands zoned TC-33 and the parking spaces shall be retained for the
duration of the use.
iii. Regulations for permitted uses:
1. Minimum lot area 2.35 ha (5.8 ac.)
2. Minimum lot frontage 133 m (436 ft.)
3. The minimum setback of any building or structure to the high water mark of Lake
Ontario, except for a well, boathouse or dock, shall be 30 m (98.4 ft.).
4. Minimum interior side yard 5 m (16.4 ft.)
5. An outdoor patio may be permitted in the front yard provided that the minimum
setback from any portion of the patio to the street line shall be 9.1 m (30 ft).
6. The three buildings located at the shoreline and existing on the date of passing of this
By-law, together with future improvements thereto, are permitted accessory buildings.
7. The Site Plan Control provisions of Section 41 of the Planning Act, R.S.O., 1990 shall
apply.
22.5.34
TC-34 Zone (Blue Jay Cabins, Pt. Lot 10, Conc. 1 SSEL, Athol Ward)
Notwithstanding the provisions of this by-law to the contrary, in the TC-35 zone, the following
provisions shall apply:
i. the permitted uses shall be limited to the following:
1) single detached dwelling
2) a maximum of five (5) tourist cottages/cabins
3) a maximum of four (4) camping sites for travel trailers
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260
ii. Access to the lot may be provided by a private right-of-way from County Road 18.
22.5.35
TC-35 Zone (Part of Lots 30, 31, 32 & 33, Conc. 2, Hillier Ward)
Notwithstanding the provisions of this by-law to the contrary, in the TC-35 zone, the following
provisions shall apply:
i. The only permitted use shall be a summer camp providing accommodation, dining and
recreational facilities for no more than 125 persons. An accessory maintenance building for
the summer camp, with outdoor storage area, shall be permitted as accessory to the summer
camp use.
ii. All development, including septic facilities, shall be set back a minimum of 40 m (131 ft)
from the boundary of the provincially significant wetland, and from West Lake.
iii. A Site Plan Agreement shall be required for development of the site. Sewage system
components shall be shown on the site plan.
iv. Minimum interior side yards
8 m (26.2 ft)
22.5.36 TC-36 Zone (Part of Lots 30, 31, 32 and 33, Concession 2, Hillier Ward)
Notwithstanding any provisions of this by-law to the contrary, in the TC-36 zone, the following
provisions shall apply:
i.
A marina is not a permitted use.
ii.
No building or structure shall be located within 30 m (100 ft.) of an EP-W-2 zone.
iii.
No building or structure related to the sewage disposal system including tile fields,
pumping systems, or distribution systems shall be located within 15 m (50 ft.) of an EPW-4 zone.
iv.
A landscaped planting strip a minimum 5 m (16.5 ft) in width shall be provided along the
easterly lot line, south of Bakker Road.
v.
The lands shall be serviced by a centralized septic system with a capacity not to exceed
68,250 liters per day. The uses on the lot shall not exceed the capacity of the septic
system as approved by the Health Unit nor of the communal water system as approved by
the Ministry of Environment. However, in addition to the uses serviced by the communal
septic system, an accessory dwelling and up to 18 rental cabins may be connected to the
Class 4 septic beds. The communal water system and the communal septic system shall
be operated in accordance with all applicable permits and regulations of the Health Unit
and the Ministry of the Environment.
vi.
The number of camping lots shall not exceed 135.
vii.
Any and all development shall proceed in accordance with: “Huyck’s Bay Recreational
County of Prince Edward
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October 23, 2006
261
Development Impact Assessment” dated December 1998; and shall operate in accordance
with a Management Plan; both approved by the Conservation Authority.
22.5.37
TC-37 Zone (Lot 13, Conc. 1 S.S.E.L., Athol Ward)
Notwithstanding any provisions of this by-law to the contrary, within the TC-37 zone, the
following provisions shall apply:
i. The only permitted uses in this zone shall be the two tourist cottages as they existed on the
date of passing of this by-law.
ii. Access to the lot may be provided by a private right-of-way from County Road 18.
iii. The minimum frontage on a private right of way shall be 45 m (150 ft.)
iv. The minimum water frontage shall be 40 m (134 ft.)
22.5.38
TC-38 Zone (Part of Lot 9, Conc. 1 N.W.W.L., Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, in the TC-38 zone, the following
provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. a tourist establishment consisting of a maximum of four (4) tourist cottages and
associated accessory buildings.
ii. Permitted residential uses shall be limited to the following:
1. one (1) single detached dwelling.
iii. The minimum setback of any building from the high water mark shall be 15.2 m (50 ft.)
iv. The minimum setback of any septic system, including weeping tiles, from the high water
mark shall be 30 metres (100 ft).
v. Minimum east interior side yard shall be equal to the yard of the single detached dwelling
existing as of the date of passing of this by-law.
vi. Minimum yard adjacent to Loyalist Parkway shall be equal to the yard of the single
detached dwelling existing as of the date of passing of this by-law.
vii. Site plan control shall apply to any development on this property.
22.5.39 TC-39 Zone (Fleck, Pt. Lot 19, Conc. 1 NBR, South Marysburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, in the TC-39 zone, the following
provisions shall apply:
i.
Permitted uses shall be limited to:
a. A lodge containing a maximum of 6 guest rooms located in the existing dwelling and
coach house.
b. One accessory residential unit for the owner/operator of the tourist establishment
County of Prince Edward
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October 23, 2006
262
located in the existing dwelling.
c. A dining room accessory to the Tourist Lodge only for the use of overnight guests
residing at the Lodge or for the purpose of privately catered rental functions.
22.5.40
ii.
Lot Area (Minimum)
-
0.3 hectares (0.75 acres)
iii.
Front Yard Depth (minimum)
vi.
Interior Side Yard Width (minimum) – 5.93 metres (19.45 ft)
vii.
No building or septic tank system, including weeping tiles, shall be located within 6.5 m
(21.3 ft) of a flood plain.
viii.
Site plan Control provisions of Section 41 of the Planning Act, R.S.O. 1990 shall apply to
any development on this property.
- 6.79 metres (22.2 ft)
TC-40 Zone (Stark, Athol Ward)
Notwithstanding the provisions of this by-law to the contrary, in the TC-40 zone, the following
provisions shall apply:
Permitted uses shall be limited to:
1. a dune buggy rental park and an accessory canteen or take-out restaurant.
22.5.41
TC-41 Zone (Wesley Acres Inc. Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, in the TC-41 zone, the following
provisions shall apply:
i.
A seasonal camp complex providing accommodations, dining and recreational facilities for a
maximum of 125 campers and uses accessory thereto, including a maintenance building with
outdoor storage area and associated water and sewage servicing facilities and uses normally
ancillary thereto, shall be the only permitted uses on the lands zoned TC-41.
ii.
All development, including buildings and structures, will be setback a minimum of 40
metres(131 feet) from the boundary of the Provincially Significant Wetland and West Lake.
iii.
Minimum setback between buildings with openings to habitable rooms shall be 8 metres
(26.2 ft).
iv.
The requirements of Section 41 of the Planning Act, R.S.O. 1990,c.P.13, as amended, relating
to Site Plan Control shall apply to the lands zoned TC-41. A Site Plan Agreement shall be
entered into prior to any development of the site, including any component of the sewage
system.
22.5.42
TC-42 Zone (Garrett’s Island, Hallowell Ward)
Notwithstanding the provisions of this by-law to the contrary, in the TC-42 zone, the following
provisions shall apply:
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263
i. The only permitted use shall be a summer camp operated by a charitable corporation
approved under the Charitable Institutions Act, R.S.O., 1990, as amended, including all
necessary buildings and structures.
22.5.43
TC-43 Zone (Salvation Army Camp, Ameliasburgh Ward)
Notwithstanding the provisions of this by-law to the contrary, in the TC-43 zone, the following
provisions shall apply:
i. The permitted uses shall be limited to the following:
1. a summer camp; and
2. one (1) single detached dwelling for a caretaker / watchman.
22.5.44
TC-44 Zone (Conway’s Echo Bay, 522 County Road 18, Athol Ward)
Notwithstanding the provisions of this by-law to the contrary, in the TC-44 zone, the following
provisions shall apply:
i.) the permitted uses shall be limited to the following:
1) single detached dwelling
2) a maximum of three (3) tourist cottages/cabins
ii) Access to the lot may be provided by a private right-of-way from County Road 18
SECTION 23 TRAILER PARK COMMERCIAL (TPC) ZONE
No person shall within a Trailer Park Commercial (TPC) Zone use any land or erect, alter or use any
building or structure except in accordance with the following:
23.1
23.1.1
PERMITTED NON-RESIDENTIAL USES
travel trailer, tent and recreational vehicle park
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264
23.1.2
mobile restaurant
23.1.3
any use, building or structure accessory to a permitted use including recreational facilities,
convenience retail outlet and restaurant
23.1.4
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
23.1.5
uses, buildings and structures accessory to the foregoing permitted non-residential uses,
including the sale of pre-filled propane tanks
23.2
PERMITTED RESIDENTIAL USES
23.2.1
one single detached dwelling or one dwelling unit as an accessory use to any of the foregoing
permitted non-residential uses
23.2.2
home business
23.2.3
uses, buildings and structures accessory to the foregoing permitted residential uses
23.3
23.3.1
REGULATIONS FOR PERMITTED USES
Requirements for travel trailer, tent and recreational vehicle parks
i. Minimum Lot Area
4 ha (10 ac.)
ii. Minimum Lot Frontage
100 m (328 ft.)
iii. Minimum Front Yard
15 m (50 ft.)
iv. Minimum Exterior Side Yard
6 m (19.7 ft.)
v. Minimum Interior Side Yard
6 m (19.7 ft.)
vi. Minimum Rear Yard
7.5 m (25 ft.)
vii. Maximum Lot Coverage (all buildings and structures,
including travel trailers, tents and recreational vehicles)
25%
viii Minimum Landscaped Open Space
40%
ix.
Maximum Height of Buildings
1. Single detached dwelling
2. Other permitted buildings and structures
x.
10 m (32.8 ft.)
10 m (32.8 ft.)
No travel trailer, tent or recreational vehicle park shall be established closer than 122
metres (400 feet) to any existing Residential Zone or a residential use on an adjacent lot.
23.3.2 Requirements for a travel trailer, tent or recreational vehicle site
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
23.4
265
2
1. Minimum Site Area
280 m (3,013 sq. ft.)
2. Minimum Site Frontage
15 m (49.2 feet)
3. Minimum Setback from Internal Roads
6 m (19.69 feet)
4. Maximum Site Coverage
25%
5. Minimum Landscaped Open Space
40%
6. Maximum Travel Trailer or Recreational Vehicle Height
5 m (16.4 ft.)
7. Maximum Number of Travel Trailers or
Recreational Vehicles Per Site
1
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Trailer Park Commercial (TPC) Zone shall apply and be complied with.
23.5
SPECIAL TRAILER PARK COMMERCIAL (TPC) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
23.5.1
TPC-1 Zone (Quinte’s Isle Campark Inc., Part of Lots 21 & 22, Concession I, SSEL,
Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TPC-1 Zone, the
following provisions shall apply:
2
i. Minimum area of each tourist camp site 279 m (3,000 sq. ft.)
ii. Maximum number of tourist camp sites 425
iii. Minimum front yard setback for all uses, buildings and structures, except for the existing
tennis courts 488 m (1601 ft.)
iv. The Site Plan Control provisions of Section 41 of the Planning Act, R.S.O., 1990 shall apply
to the lands within the TPC-1 Zone. A Site Plan Agreement shall be entered into prior to the
development of any new trailer sites.
23.5.2
TPC-2 Zone (Part of Lot 13, Concession I, SSEL, Athol Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
Notwithstanding any provisions of this By-law to the contrary, within the TPC-2 Zone, the
following provisions shall apply:
i. The only permitted non-residential uses shall be:
1. A travel trailer park
2. A tourist cabin establishment
3. Uses and structures accessory to the permitted non-residential uses.
ii. Maximum number of trailer camp sites shall be 15
iii. Maximum number of tourist cabins shall be 3
23.5.3
TPC-3 Zone (Part of Lots 7 & 8, Concession I, SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TPC-3 Zone, the
following provisions shall apply:
i. The only permitted non-residential uses shall be:
1. A travel trailer park
2. A golf driving range
3. Uses and structures accessory to the permitted non-residential uses.
ii. Maximum number of trailer camp sites shall be 35
iii. The permitted residential uses shall be:
1. Two (2) accessory single detached dwellings
2. One seasonal cottage
23.5.4
TPC-4 Zone (Part of Lot 13, Concession I, SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TPC-4 Zone, the
following provisions shall apply:
i. The only permitted non-residential uses shall be:
1. A travel trailer park
2. Uses and structures accessory to the permitted non-residential use.
ii. Maximum number of trailer camp sites shall be 16
iii. Minimum lot area 1.0 ha (2.47 ac.)
iv. Minimum lot frontage 15.0 m (49.2 ft.)
23.5.5
TPC-5 Zone (Log Cabin Tourist Establishment, Part of Block B, Concession I, Athol
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TPC-2 Zone, the
following provisions shall apply:
i. The only permitted non-residential uses shall be:
1. A travel trailer camp
2. Tourist cottages
266
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October 23, 2006
267
3. Uses and structures accessory to the permitted non-residential uses.
ii. Maximum number of trailer camp sites shall be 32
iii. Maximum number of tourist cottages shall be 6
23.5.6
TPC-6 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TPC-6 Zone, the
following provisions shall apply:
i. In addition to the uses set out in Section 23.1, a motor vehicle sales establishment shall be a
permitted non-residential use.
23.5.7
TPC-7 Zone (Foster’s Campground, Part of Lot 16, Concession 1, WGP, Sophiasburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TPC-7 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. A travel trailer, tent and recreational vehicle park with a maximum of 20 sites.
2. Two boat launch facilities
3. Washroom facilities accessory to the above uses.
ii. The site shall be developed in accordance with Site Plan No. S-1 dated December 20, 1995
and revised August 20, 1996, deposited with the County.
23.5.8
TPC-8 Zone (Wesley Acres Inc. Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the TPC-8 Zone, the
following provisions shall apply:
i.
An existing church camp complex providing accommodation, dining,
worshiping, meeting and recreational facilities for a maximum of 267 seasonal
tourist trailer sites, 28 itinerant camping sites, and 37 motel units; and uses
accessory thereto, including 3 single family dwelling units for staff,
administration offices and associated water and sewage servicing facilities and
uses normally ancillary thereto, shall be the only permitted uses on the lands
zoned TPC-8.
ii.
Requirements for tourist trailer sites (tourist trailers including additions thereto,
and accessory buildings):
a. Minimum setback from internal roads – 3.0 metes (10 ft)
b. Minimum interior side yard – 1.5 metres (5 ft)
c. Minimum rear yard – 1.5 metres (5 ft)
d. Maximum lot (site) coverage of all structures – 50%
iii.
The requirement of Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as
County of Prince Edward
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October 23, 2006
268
amended, relating to Site Plan Control shall apply to the lands zoned TPC-8.
SECTION 24 GENERAL INDUSTRIAL (MG) ZONE
No person shall within an General Industrial (MG) Zone use any land or erect, alter or use any building or
structure except in accordance with the following:
24.1
24.1.1
PERMITTED NON-RESIDENTIAL USES
manufacturing, machining, processing, assembling, wholesaling or warehousing use in wholly
enclosed buildings
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
24.1.2
transport terminals
24.1.3
building supply outlet
24.1.4
contractor’s yard
24.1.5
farm and garden machinery sales and service
24.1.6
marine sales and service establishment
24.1.7
motor vehicle body shop
24.1.8
motor vehicle repair garage
24.1.9
motor vehicle washing establishment
269
24.1.10 mobile home and modular home construction and sales
24.1.11 recreational vehicles sales and service
24.1.12 mini storage facility
24.1.13 dry cleaning establishment
24.1.14 light and heavy equipment sales and/or rentals
24.1.15
printing pr publishing establishment
24.1.16
public uses and utilities in accordance with the provisions of Section 4.23 of this By-law
24.2.17
public works yard and/or garage
24.1.18 truck repair and maintenance depot
24.1.19
veterinary clinic
24.1.20
brew-your-own beer and wine making establishment
24.1.21 recycling depot
24.1.22 fuel storage depot
24.1.23
office, accessory to any permitted use
24.1.24 accessory retail commercial factory outlet up to 25% of gross floor area of building
24.1.25
uses, including open storage, buildings and structures accessory to the foregoing permitted uses
24.2
PERMITTED RESIDENTIAL USES
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
24.2.1
residential uses are prohibited
24.3
REGULATIONS FOR PERMITTED USES
24.3.1
Minimum Lot Area
i. Municipal sewer and water service
24.3.2
270
560 m2 (6,028 ft.2)
Minimum Lot Frontage
i. Municipal sewer and water service
18 m (59.1 ft.)
24.3.3
Minimum Front Yard
15 m (49.2 ft.)
24.3.4
Minimum Exterior Side Yard
15 m (49.2 ft)
24.3.5
Minimum Interior Side Yard
i. abutting an industrial zone
ii. abutting any other zone
24.3.6
7.5 m (25 ft)
10 m (33 ft)
Minimum Rear Yard
i. abutting an industrial zone
ii. abutting any other zone
7.5 m (25 ft.)
10 m (33 ft)
24.3.7
Maximum Lot Coverage (all buildings and structures)
40%
24.3.8
Minimum Landscaped Open Space
15%
24.3.9
Maximum Height of Buildings
15 m (49.2 ft)
24.3.10 Provisions for Open Storage
Open storage of goods and materials shall:
i. Not be permitted in the front yard or the exterior side yard;
ii. Be enclosed by an opaque fence or wall that is a minimum of 2 m (6.6 ft.) in height, where
such storage is located within 10 m (32.8 ft.) of a Residential, Institutional, Open Space or
Future Development Zone.
24.4
SERVICING REQUIREMENTS
All uses permitted in the General Industrial (MG) Zone shall be serviced with full municipal
water supply and sanitary sewer services.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
24.5
271
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the General Industrial (MG) Zone shall apply and be complied with.
24.6
SPECIAL GENERAL INDUSTRIAL (MG) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
24.6.1
MG-1 Zone (Loweastern Inc., Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MG-1 Zone, the
following provisions shall apply:
i. Permitted Uses
1. the manufacture of insulation
2. the manufacture and sale of products related to heating and energy conservation of
buildings
3. a motor vehicle repair garage
4. equipment rentals
5. nursery
6. the sale of recreational motor home and recreational travel trailers and motor vehicles
ii. Provisions for Permitted Uses
1. The uses permitted above shall not include any uses which will emit noxious fumes or
odours, those uses which exceed the Ministry of the Environment guidelines on noise
emission, or those uses which discharge large amounts of liquid effluent. All
permitted uses must obtain the approval of the Ministry of the Environment, Industrial
Abatement Section
2. No parking relating to the any permitted use of the MG-1 Zone will be permitted on
County Road No. 12.
3. Open storage for the uses permitted in the MG-1 Zone will not be permitted to be
scattered throughout the MG-1 Zone. Open storage relating to each use must be
segregated and except for uses related to commercial sales, the open storage must be
at the north end of the property, screened from view from County Road No. 12, by the
existing buildings or by tree planting and fencing.
24.6.2
MG-2 Zone (Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MG-2 Zone, the
following provisions shall apply:
i. Permitted Uses
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October 23, 2006
272
1. The storage of base fertilizer materials
2. The blending of base fertilizer materials
3. The selling of fertilizer
ii. Provisions for Permitted Uses
1. The uses permitted above shall not include any uses which will emit noxious fumes or
odours, those uses which exceed the Ministry of Environment guidelines on noise
emission or those uses which discharge large amount of liquid effluent. All permitted
uses must obtain the approval of the Ministry of the Environment Industrial
Abatement Section.
24.6.3
MG-3 Zone (Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MG-3 Zone, the
following provisions shall apply:
i. Additional Permitted Uses
1. Any manufacturing or industrial undertaking that is conducted and wholly contained
within an enclosed building and is not hazardous by reason of sound, odour,
inflammability, dust, fumes, or smoke and which shall not be detrimental in
appearance or effect to surrounding areas.
ii. Provisions for Permitted Uses
1. Minimum Front Yard 0 m (0 ft.)
2. Minimum Eastern Side Yard 0.1 m (30 ft.)
3. Minimum Western Side Yard 6.0 m (20 ft.)
24.6.4
MG-4 Zone (Wellington Building Supplies, Cleminson Street, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MG-3 Zone, the
following provisions shall apply:
i. The following use shall be permitted, serviced with private water and sewage disposal
systems, provided that water is used primarily for consumption by employees and is not uses in
an industrial process:
1. a warehouse
2. a wholesale establishment
3. a tradesman’s shop
4. a welding shop
5. a public garage
6. a muffler, auto glass, auto body repair and other motor vehicle repair establishment
7. a greenhouse
8. a dry cleaning establishment
9. a farm supplies or grain and feed establishment
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273
10. a monument works
11. a truck terminal or freight handling depot
12. an excavation company
13. a well drilling company
14. other light to medium manufacturing and assembly establishment (with concealed
storage)
15. retail, wholesale or business outlets accessory to a permitted ues
ii. Regulations for Permitted Uses
1. Minimum Front Yard 5.0 m (16.4 ft.)
2
2. Minimum Lot Area 5000 m (53,821.3 sq. ft.)
3. Minimum Lot Frontage 65 m
4. Minimum side yard (existing buildings or structures) 0.1 m (0.32 ft.)
5. Minimum rear yard (existing buildings or structures) 0.1 m (0.32 ft.)
24.6.5 MG-5 Zone (Greer Propane, Cleminson Street, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MG-3 Zone, the
following provisions shall apply:
i. A propane depot shall also be a permitted use.
2
ii. Minimum Lot Area 2428.2 m (26,137.7 sq. ft.)
iii. Minimum Lot Frontage 68.6 m (225 ft)
iv. Minimum Front Yard 7.6 m (24.9 ft.)
v. Minimum Rear Yard 7.6 m (24.9 ft.)
vi. Landscaped open space of a minimum width of 15 m (49 .2 ft.) shall be provided and
maintained along a side yard abutting any rail line.
24.6.6
MG-6 Zone (Evans Lumber, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MG-3 Zone, the
following provisions shall apply:
i. The buildings existing on the date of passing of this By-law and any future improvements
thereto, are a permitted use providing that the existing building setbacks are not further
reduced and any future additions meet the setback requirements of the MG Zone.
24.6.7
MG-7 Zone (P.E.A.C.L., Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MG-7 Zone, the
following provisions shall apply:
i. A Life Skills Centre and Teaching Facility for developmentally handicapped adults shall be a
permitted use in addition to the uses permitted in the MG Zone.
24.6.8
MG-8 Zone (VanZuylen Alignment & Tire Service, Picton Ward)
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
274
Notwithstanding any provisions of this By-law to the contrary, within the MG-8 Zone, the
following provisions shall apply:
iv. The minimum side yard along the south westerly limit of the property and the minimum rear
yard along the south easterly limit of the property shall be 1.22 m (4.0 ft.).
v. No buffer strip or planting strip shall be required.
24.6.9 MG-9 Zone (Arnie’s Muffler and General Repairs, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MG-9 Zone, the
following provisions shall apply:
i. Minimum side yard, east side 0.5 m (1.75 ft.)
ii. Minimum side yard, west side 3.9 m (13 ft.)
24.6.10
MG-10 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MG-10 Zone, the
following provisions shall apply:
i. The only permitted uses shall be an establishment manufacturing wrought iron furniture and
ornamental objects.
ii. Servicing shall be by municipal water supply and private sewage disposal.
iii. Minimum lot area 0.11 ha (0.27 ac.)
24.6.11
MG-11-H Zone (Loch-Sloy Industrial Park, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MG-11-H Zone, the
following provisions shall apply:
i. The uses, building and structures shall be limited to those uses, buildings and structures
existing at the time of passing of this By-law. Repairs and renovations to existing buildings
and structures in accordance with Section 4.20.2 of this By-law shall be permitted.
ii. A film studio shall also be a permitted use.
iii. A by-law shall not be enacted to remove the "H" symbol on part(s) or all of the lands zoned
MG-11-H to allow for a new use, building or structure or an expansion to an existing use,
building or structure until the following conditions are met:
a) Municipally treated water is provided to the satisfaction of the county;
b) Sanitary sewage services are provided to the satisfaction of the proper approval
authority; and
c) A site plan control approval or development agreement pursuant of section 41 of the
planning act is obtained from the county, if deemed necessary.
iv) Upon the removal of the "H" symbol, the permitted uses and regulations of the General
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Industrial (MG) Zone shall apply to those lands from which the "H" symbol is removed and
are zoned MG-11, save and except for the following:
a) Minimum lot area - 80.9 hectares (200 acres)
b) Minimum lot frontage - 457.2 metres (1500 ft.)
c) In addition to those uses permitted in the MG Zone, a film studio shall also be a
permitted use.
SECTION 25 HEAVY INDUSTRIAL (MH) ZONE
No person shall within an Heavy Industrial (MH) Zone use any land or erect, alter or use any building or
structure except in accordance with the following:
25.1 PERMITTED NON-RESIDENTIAL USES
25.1.1 recycling depot
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25.1.2 salvage yard
25.1.3 fuel storage depot
25.1.4 wrecking yard
25.1.5 public works yard and/or garage
25.1.6 public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
25.1.7 uses, including open storage, buildings and structures accessory to the foregoing permitted uses
25.2
PERMITTED RESIDENTIAL USES
25.2.1 residential uses are prohibited
25.2
REGULATIONS FOR PERMITTED USES
25.2.1
Minimum Lot Area
0.4 ha (1.0 ac.)
25.2.2
Minimum Lot Frontage
45 m (150 ft.)
25.2.3
Minimum Front Yard
15 m (49.2 ft.)
25.2.4
Minimum Exterior Side Yard
15 m (49.2 ft.)
25.2.5
Minimum Interior Side Yard
i. abutting an industrial zone
ii. abutting any other zone
7.5 m (25 ft.)
12 m (40 ft)
25.2.6 Minimum Rear Yard
i. abutting an industrial zone
ii. abutting any other zone
7.5 m (25 ft.)
12 m (33 ft)
25.2.7 Maximum Lot Coverage (all buildings and structures)
30%
25.2.8 Minimum Landscaped Open Space
15%
25.2.9 Maximum Height of Buildings
15 m (49.2 ft.)
25.2.10 Provisions for Open Storage
Open storage of goods and materials shall:
i. Not be permitted in the front yard or the exterior side yard;
ii. Be enclosed by an opaque fence or wall that is a minimum of 2 m (6.6 ft) in height.
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277
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Heavy Industrial (MH) Zone shall apply and be complied with.
25.4
SPECIAL HEAVY INDUSTRIAL (MH) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
25.4.1
MH-1 Zone (Part of Lots 1 & 2, Concession 1, S.B.Q., North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MH-1 Zone, the
following provisions shall apply:
i. The uses permitted shall be restricted to that of a motor vehicle wrecking yard/salvage yard,
and such other accessory buildings, structures or uses as are normally considered incidental
and subordinate thereto.
25.4.2
MH-2 Zone (Part of Lots 59 & 60, Concession 2, BF, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MH-2 Zone, the
following provisions shall apply:
i. The uses permitted shall be restricted to that of an motor vehicle wrecking yard/salvage yard,
and accessory buildings, structures or uses are normally considered incidental and
subordinate to more uses.
ii. Minimum lot area
6.39 ha (15.78 ac.)
iii. For the purposes of this By-law the three separate conveyable lots within the MH-2 Zone,
totaling approximately 6.39 hectares (15.78 ac) of land are considered one lot.
iv. Minimum front yard
7.6 m (25.0 ft.)
v. Minimum rear yard 5.48 m (18 ft)
vi. The removal and storage of waste fluids shall take place only within a contained area.
vii. The movement of vehicles on site shall be restricted to internal roads within the property.
25.4.3
MH-3 Zone (Pt. Lot 15, Conc. 2, SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MH-3 zone, the
following provisions shall apply:
Permitted Non-Residential Uses
i. cement plant
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SECTION 26 RURAL INDUSTRIAL (MR) ZONE
No person shall within an Rural Industrial (MR) Zone use any land or erect, alter or use any building or
structure except in accordance with the following:
26.1
PERMITTED NON-RESIDENTIAL USES
26.1.1
agricultural products processing establishment
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26.1.2
agricultural produce warehouse
26.1.3
abattoir
26.1.4
aerodrome
26.1.5
cheese factory
26.1.6
farm and garden machinery sales and service establishment
26.1.7
motor vehicle repair garage
26.1.8
workshop
26.1.9
custom workshop
26.1.10
contractor’s yard
26.1.11
micro brewery
26.1.12
winery
26.1.13
public works yard and/or garage
26.1.14
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
26.1.15
uses, including open storage, buildings and structures accessory to the foregoing permitted uses
26.2
PERMITTED RESIDENTIAL USES
26.2.1
one single detached dwelling or one dwelling unit as an accessory use to any of the foregoing
except motor vehicle repair garage
26.2.2
home business
26.2.3
uses, buildings and structures accessory to the foregoing permitted residential uses
26.3
REGULATIONS FOR PERMITTED USES
26.3.1
Minimum Lot Area
0.8 ha (1.9 ac.)
26.3.2
Minimum Lot Frontage
60 m (196.9 ft.)
26.3.3
Minimum Front Yard
15 m (49.2 ft.)
26.3.4
Minimum Exterior Side Yard
15 m (49.2 ft.)
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26.3.5
Minimum Interior Side Yard
12 m (39.3 ft.)
26.3.6
Minimum Rear Yard
12 m (39.3 ft)
26.3.7
Maximum Lot Coverage
25%
26.3.8
Minimum Landscaped Open Space
25%
26.3.9
Maximum Height of Buildings
15 m (49.2 ft.)
26.3.10 Provisions for Open Storage
Open storage of goods and materials shall:
i. Not be permitted in the front yard or the exterior side yard;
ii. Be enclosed by an opaque fence or wall that is a minimum of 2 m (6.6 ft.) in height.
26.4
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Rural Industrial (MR) Zone shall apply and be complied with.
26.5
SPECIAL RURAL INDUSTRIAL (MR) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
26.5.1
MR-1 Zone (Part Lot D, Concession South Prince Edward, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-1 Zone, the
following provisions shall apply:
i. Permitted non-residential uses shall be limited to the following:
1. a fruit processing plant
2. a welding shop
3. a factory outlet
26.5.2
MR-2 Zone (Part of Lot 8, Concession I, N.B.R., South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-2 Zone, the
following provisions shall apply:
i. The only permitted uses shall be a boat manufacturing plant.
ii. Minimum lot area 0.4 ha (0.98 ac)
iii. Minimum lot frontage 30 m (98.4 ft.)
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281
MR-3 Zone (Cole’s, Pt. Lot 5, Conc. 2, SBQ, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-3 Zone, the
following provisions shall apply:
i. The only permitted use shall be a repair shop, contained entirely within one (1) building, for
the repair and servicing of farm machinery and equipment, motor vehicles and industrial
equipment, as well as accessory outside parking of such machinery, equipment and motor
vehicles awaiting repair and servicing.
26.5.4
MR-4 Zone (Harrison Food Ltd. Pt. Lot 23, Conc. BS, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-3 Zone, the
following provisions shall apply:
i. Permitted non-residential uses
1. a commercial fishing dock
2. a fish processing plant
3. a vegetable processing plant
4. retail commercial uses accessory to the above
5. motor vehicle sales and service establishment
ii. For the purposes of this Section, a motor vehicle sales and service establishment shall mean a
building and/or lot used for the display, sale and/or lease of new and used motor vehicles
and/or a place where motor vehicles may be oiled, greased, ignition or brakes adjusted, tires
inflated, batteries charged or more generally where repair or equipping of motor vehicles is
performed but does not include a wrecking/salvage yard or the retail sale of gasoline.
iii. The minimum front yard depth and the minimum setback from the centre line of the street
shall be that which are in existence at the time of passage of this By-law.
26.5.5
MR-5 Zone (Part of Lot 4, Concession Lakeside, West of Cape Vesey, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-5 Zone, the
following provisions shall apply:
i. Minimum side yard
26.5.6
1.2 m (3.9 ft.)
MR-6 Zone (Part of Lot 1, Concession 1, South of Bay of Quinte, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-6 Zone, the
following provisions shall apply:
i. Permitted uses
1. Manufacturing, machining, processing, assembling, wholesaling or warehousing use in
wholly enclosed buildings.
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2. Open storage of goods, articles and/or materials accessory to a permitted use.
3. A mobile home dwelling
ii. Minimum lot area 0.6 ha (1.48 ac)
26.5.7
MR-7 Zone (Part of Lot 1, Concession 1, South of Bay of Quinte, North Marysburgh
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-7 Zone, the
following provisions shall apply:
i. Permitted uses
1. Manufacturing, machining, processing, assembling, wholesaling or warehousing use in
wholly enclosed buildings.
2. Open storage of goods, articles and/or materials accessory to a permitted use.
ii. Minimum lot area 0.6 ha (1.48 ac)
26.5.8
MR-8 Zone (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-8Zone, the
following provisions shall apply:
i. Permitted non-residential uses
1. Motor vehicle repair garage
2. Motor vehicle body shop
26.5.9
MR-9 Zone (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-9 Zone, the
following provisions shall apply:
i. Permitted non-residential uses
1. a building supply yard
2. a motor vehicle repair garage
3. a contractor’s yard
4. a fuel storage tank
5. a machine shop and engineer’s office
6. a merchandise service shop
7. a warehouse
8. a welding shop
9. cheese factory
10. agricultural products processing establishment
ii. Permitted residential uses
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1. One accessory single detached dwelling or one accessory dwelling unit, provided that
the non-residential use of these lands is a machine shop and engineer’s office and also
provided that flammable or explosive materials are not stored on site at any time.
iii. Maximum number of dwelling units shall be 1
26.5.10
MR-10 Zone (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-10 Zone, the
following provisions shall apply:
i. Permitted non-residential uses
Only dry industrial uses, as follows, shall be permitted:
1. manufacturing, fabricating, processing, assembling, warehousing, wholesaling, in a
wholly enclosed buildings; or,
2. a building supply yard; or
3. a contractor's yard; or,
4. a merchandise service shop
5. Uses accessory to the foregoing
ii. For the purposes of this section, a dry industrial use shall mean that water is consumed for
employee hygiene only and not for any industrial purpose, or for any purpose in which
contaminated water is discharged into East Lake.
iii. Residential uses are prohibited
iv. Minimum lot area shall be 2 ha (4.94 ac.)
v. No buildings or structures shall be erected below the elevation of 76.3 m (250.3 ft.) G.S.C.
26.5.11
MR-11 Zone (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-11 Zone, the
following provisions shall apply:
i.
The only permitted non-residential uses shall be:
1. the manufacturing of lambs wool products
2. the storage of boats, motor vehicles, trailers and other similar items within a wholly
enclosed building or structure.
ii.
26.5.12
No open storage shall be allowed in conjunction with the non-residential permitted uses.
MR-12 Zone (Part of Lot 6, Conc. 1 EEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-12 Zone, the
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following provisions shall apply:
i. Permitted non-residential uses shall be limited to:
1. Motor vehicle body shop
2. Used motor vehicle sales establishment
ii. Permitted residential uses:
1. Two single detached family accessory dwellings
iii. Minimum lot frontage - 43.2 m (142 ft.)
iv. Maximum number of cars on site for re-sale - 12
v. All vehicles on display will be situated south of the north driveway
26.5.13
MR-13 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-13 Zone, the
following provisions shall apply:
i. The only permitted use shall be a farm-related tire sales and service establishment.
26.5.14
MR-14 Zone (Hardy Sales, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-14 Zone, the
following provisions shall apply:
i. The only permitted use shall be a farm and garden sales and service establishment.
26.5.15 MR-15 Zone (Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-15 Zone, the
following provisions shall apply:
i. The only permitted non-residential use shall be an abattoir.
26.5.16
MR-16 Zone (Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-16 Zone, the
following provisions shall apply:
i. The only permitted non-residential use shall be a mushroom growing and processing
establishment.
26.5.17
MR-17 Zone (Hallowell Ward)
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Notwithstanding any provisions of this By-law to the contrary, within the MR-17 Zone, the
following provisions shall apply:
i. The only permitted non-residential use shall be the manufacture of castings by the lost wax
process.
26.5.18 MR-18 Zone (Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-18 Zone, the
following provisions shall apply:
i. Minimum lot area
26.5.19
0.11 ha (0.27 ac.)
MR-19 Zone (Part of Lot 20, Concession SECP, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-19 Zone, the
following provisions shall apply:
i. Minimum lot area 0.13 ha (0.32 ac.)
ii. Minimum lot frontage 25.0 m (82.0 ft.)
iii. Minimum front yard setback from street centreline 16.75 m (54.95 ft.)
iv. Minimum interior side yard 6.4 m (20.9 ft.)
26.5.20
MR-20 Zone (Part of Lots 3 & 4, Concession 1, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-20 Zone, the
following provisions shall apply:
i. A glass blowing studio and the retail sale of products manufactured on site shall also be
permitted non-residential uses.
ii. Minimum lot frontage 0 m (0 ft.)
iii. Access may be provided by private right-of-way.
iv. There is no commitment from or requirement by the County to assume responsibility for
ownership or maintenance of the private right-of-way and levels of service provided may be
limited or reduced, including the level of emergency response to the lot.
26.5.21 MR-21 Zone
26.5.22
Reserved.
MR-22 Zone (Part of Lot 20, Concession 3, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-22 Zone, the
following provisions shall apply:
i. The only permitted uses shall be:
1. a farm and garden machinery sales and service establishment
2. a seed and feed mill and sales establishment
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286
MR-23 Zone (Part of Lot 20, Concession 2, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-23 Zone, the
following provisions shall apply:
i. The only permitted use shall be a welding shop.
ii. Minimum lot area 0.12 ha (0.29 ac.)
26.5.24
MR-24 Zone (Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-24 Zone, the
following provisions shall apply:
i. The only permitted use shall be District Regulator Station.
ii. Minimum lot area 0.29 ha (0.71 ac.)
26.5.25
MR-25 Zone (Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-25 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. An establishment for the restoration of furniture.
2. A single detached dwelling
ii. The retail sale of goods, wares, merchandise or articles shall not be permitted.
iii. Minimum lot area
26.5.26
0.30 ha (0.74 ac.)
MR-26 Zone (Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-26 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to a truck storage yard.
ii. Minimum lot area 0.60 ha (1.48 ac.)
26.5.27
MR-27 Zone (Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-27 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. a motor vehicle repair garage
2. A farm implement repair establishment
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ii. Open storage shall not be permitted in any front yard or in any required side yard or in any
required rear yard.
26.5.28
MR-28 Zone (Quinte Communications Ltd., Part of Lot 199, Plan 8, Wellington Ward and
Part of Lot 16, Concession E.C.P., Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-28 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to a communications tower and uses, buildings and structures
accessory to a communications tower.
26.5.29
MR-29 Zone (Glenora Springs Brewery, Part of Lot 8, Concession 1, South of the Bay of
Quinte, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-29 Zone, the
following provisions shall apply:
i. The only permitted use shall be a 10 hectolitre microbrewery including accessory retail
commercial, office and tasting areas.
ii. Minimum lot area 1.0 ha (2.5 ac.)
iii. Minimum lot frontage 106 m (350 ft.)
iv. The Site Plan Control provisions of Section 41 of the Planning Act, R.S.O., 1990 shall
apply.
26.5.30
MR-30 Zone (Part of Lots 1 & 2, Concession 2 SSEL, Athol Ward) Wilkinson’s Salvage
Yard
Notwithstanding any provisions of this By-law to the contrary, within the MR-30 Zone, the
following provisions shall apply:
i. The only permitted use shall be a motor vehicle wrecking yard.
26.5.31
MR-31 Zone (54 County Road No. 4, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-31 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. A single detached dwelling and uses, buildings and structures accessory thereto;
2. A tree removal and tree trimming business.
26.5.32 MR-32 Zone (Town Line Processing Ltd. Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-32 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
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1. A food processing plant and uses buildings and structures accessory thereto.
26.5.33
MR-33 Zone (County Road No. 2, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-33 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to a fabricating and welding workshop and uses that are
normally ancillary thereto.
ii. Minimum lot frontage 0 m (0 ft.)
iii. The workshop as existing on the date of passing of this By-law, and any future
improvements thereto, is a permitted use providing that the existing building setbacks are
not further reduced and any future additions meet the setback requirements of the MR Zone.
iv. The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended,
relating to Site Plan Control shall apply to the lands zoned MR-33.
26.5.34
MR-34 Zone (Part of Lot 1, Concession 1, M.T., Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-34 Zone, the
following provisions shall apply:
i. A transport terminal shall also be a permitted use.
26.5.35
MR-35 Zone (Carr Auction Barn, Part of Lot 8, Concession 1, NWCP, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-35 Zone, the
following provisions shall apply:
i.
An auction barn shall be the only permitted non-residential use.
26.5.36 MR-36 Zone (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-36 Zone, the
following provisions shall apply:
i. In addition to the uses permitted in the MR Zone an automotive repair shop and a farm
equipment repair shop are also permitted.
26.5.37
MR-37 Zone (Athol Ward)
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Notwithstanding any provisions of this By-law to the contrary, within the MR-37 Zone, the
following provisions shall apply:
i. In addition to the uses permitted in the MR Zone an automotive body shop and an automotive
service station are also permitted.
26.5.38
MR-38 Zone (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-38 Zone, the
following provisions shall apply:
i. In addition to the uses permitted in the MR Zone an automotive body shop and an automotive
service station and accessory retail outlet, and a dune buggy rental park and accessory canteen
or take-out restaurant are also permitted.
26.5.39 MR-39 Zone (Guernsey Slaughter House, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-39 Zone, the
following provisions shall apply:
i.
26.5.40
The permitted uses shall be limited to only an abattoir.
MR-40 Zone (Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-40 Zone, the
following provisions shall apply:
i.
26.5.41
The permitted uses shall be limited to only a flour mill.
MR-41 Zone (Farm Credit Canada, Part of Lot 1, Concession 1, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-41 Zone, the
following provisions shall apply:
i.
The permitted uses shall be limited to the following:
1.
an assembly plant;
2.
a commercial garage;
3.
a factory outlet;
4.
a farm produce outlet;
5.
a farm supply dealer;
6.
a fuel storage tank;
7.
a light manufacturing plant;
8.
a merchandise service shop;
9.
a packaging plant;
10.
a soil sampling firm;
11.
a research laboratory;
12.
a warehouse;
13.
uses that are normally incidental and accessory to the above, including business
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and professional offices.
Residential uses shall not be permitted.
Maximum Lot Coverage – 20%
Open storage of goods of materials shall only be permitted in the rear yard. Any area of
the rear yard used for open storage shall be screened from view from the Loyalist
Parkway and from abutting properties.
26.5.42 MR-42 Zone (Town Line Farms & Town Line Processing Ltd, Lots 189 & 190, Plan 8,
Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-42 Zone, the
following provisions shall apply:
i.
A vegetable processing plant, processing local and non-locally grown vegetables, and
associated infrastructure such as a pump house, holding tank and waste/water lines,
including uses normally ancillary thereto, are the only permitted uses on the lands zoned
MR-42.
ii.
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended,
relating to Site Plan Control shall apply to the lands zoned MR-42.
26.5.43
MR-43 Zone (Kelly & Provost-Kelly, Lot 6, Conc. 2, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-43 Zone, the
following provisions shall apply:
i. The permitted uses shall be limited to the following:
1. a single family dwelling
2. a lawn care franchise business operated as an accessory use to the main residential
use of the lot.
ii. The indoor storage of lawn care chemicals in an accessory building not to exceed a
maximum area of 7.4 square metres (80 sq. ft) shall be permitted in association with the
lawn care franchise business.
iii. The outdoor storage of lawn care chemicals in an area not to exceed a maximum area of
9.29 square metres (100 sq. ft.) shall be permitted in association with the lawn care franchise
business. The outdoor storage area shall be screened from view with a minimum 1.5 metre
(5.0 feet) high privacy fence.
26.5.44
MR-44 Zone (King, Lot 12, Conc. 1 SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-44 Zone, the
following provisions shall apply:
i.
Minimum lot area – 3.6 hectares (9 acres)
ii.
The permitted uses shall be restricted to only the following:
1.
contractor’s yard
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
2.
3.
iii.
26.5.45
291
accessory dwelling house
uses accessory to the forgoing
The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended,
relating to Site Plan Control shall apply to the lands zoned MR-44.
MR-45 Zone (Walker, Lot 21, Conc. 1 NBR, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-45 Zone, the
following provisions shall apply:
i.
Residential uses are prohibited.
ii.
The permitted non-residential uses shall be limited to the following:
1. existing commercial garage, including the repair and maintenance and sale of
motor vehicles and farm vehicles/ implements.
iii.
Maximum combined commercial floor area for the two existing commercial
garage/vehicle repair and sales buildings shall be 650 square metres (6996.8 sq ft).
iv.
Maximum commercial floor area for the existing storage barn shall be 510 square metres
(5489.8 sq. ft.).
v.
Minimum front yard depth for the two (2) existing commercial garage/vehicle repair and
sales buildings shall be 12 metres (39.4 ft).
vi.
Minimum front yard depth for the existing storage barn shall be 4 metres (13.1 ft).
vii.
Minimum setback from the centerline of County Road No. 17 for:
a. the existing barn – 17 meters (55.8 ft)
b. all remaining buildings and structures, including any accessory buildings or
structures – 25 metres (82 ft)
26.5.46
MR-46 Zone (Vanderburg, Pt. Lot 27, Conc. BS, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MR-46 Zone, the
following provisions shall apply:
i.
A commercial fishing dock shall be a permitted use in addition to the uses normally
permitted in the MR Zone.
MR-47 Zone (Anderson, Pt. Lot 35, Conc. 1 WGP, Sophiasburgh Ward)
26.5.47
Notwithstanding any provisions of this By-law to the contrary, within the MR-47 Zone, the
following provisions shall apply:
i.
The existing ‘Custom Workshop’ and ‘Contractor’s Yard’ shall be the only permitted
uses on the lands zoned MR-47.
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292
SECTION 27 EXTRACTIVE INDUSTRIAL (MX) ZONE
No person shall within an Extractive Industrial (MX) Zone use or alter any land or erect, alter or use any
building or structure except in accordance with the following:
27.1
PERMITTED NON-RESIDENTIAL USES
27.1.1
a pit or quarry and the crushing, screening or washing of aggregate
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293
27.1.2
asphalt or concrete batching plant
27.1.3
aggregate processing plant
27.1.4
wayside pit and wayside quarry, in accordance with provisions of Section 4.21 of this By-law
27.1.5
uses, buildings and structures accessory to a permitted use
27.1.6
an agricultural use, conservation, forestry, reforestation, or open-air recreational uses with
accessory uses and buildings, except these uses shall not include dwellings
27.1.7
public uses and utilities in accordance with the provisions of Section 4.23 of this By-law
27.2
PERMITTED RESIDENTIAL USES
27.2.1
residential uses are prohibited
27.3
REGULATIONS FOR PERMITTED USES
27.3.1
No pit or quarry excavation or processing, crushing or blasting of aggregate shall be:
i. located closer than 120 metres to any Residential, Commercial or Institutional Zone or use;
nor
ii. closer than 15 metres to a lot line; nor
iii. closer than 30 metres to a public road allowance.
27.3.2
The minimum yards required for any building, structure or produce stockpile of a pit or quarry
shall be 30 metres.
27.3.3
A strip of land not less than 15 metres in width shall be reserved for landscaping purposes
between any Industrial (MX) Zone and any adjacent Commercial or Industrial Zone or use,
along any adjacent public road allowance or adjoining property line.
27.3.4
Where an MX Zone abuts a Residential Zone or use, or a roadway is the only separation
between two such areas, then no Extractive Industrial (MX) use shall be established within 30
metres of the abutting lot line and no parking use shall be established within 7.5 metres of the
abutting lot line. The intervening land shall be used for landscaping purposes with grass, trees
and shrubs and maintained as part of the industrial activity.
Notwithstanding Sections 27.3.1 and 27.3.2, for adjacent properties both within an Extractive
Industrial (MX) Zone no side yard setback for extraction, excavation or blasting is required,
provided a mutual agreement to the satisfaction of the Ministry of Natural Resources and the
County is in place.
27.3.5
27.3.6
All extractive industrial uses shall conform to the standards and regulations of the Aggregate
Resources Act, as amended and the Ministry of Natural Resources.
27.4
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
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294
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Extractive Industrial (MX) Zone shall apply and be complied with.
27.5
SPECIAL EXTRACTIVE INDUSTRIAL (MX) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
27.5.1
MX-1 Zone (Redner, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MX-1 Zone, the
following provisions shall apply:
i. A maximum of 20,000 metric tonnes of aggregate materials may be extracted in any calendar
year.
27.5.2
MX-2 Zone (Anderson, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MX-2 Zone, the
following provisions shall apply:
i. A maximum of 20,000 metric tonnes of aggregate materials may be extracted in any calendar
year.
27.5.3
MX-3 Zone (Part of Lot 22, Concession 2, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MX-3 Zone, the
following provisions shall apply:
i. A private earth-moving and construction equipment repair and storage operation shall also be
permitted.
ii. Outdoor storage is prohibited.
27.5.4
MX-4 Zone (Part of Lot 2, Concession 3, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MX-4 Zone, the
following provisions shall apply:
i. Minimum interior side yard for buildings and structures shall be 16 m (52.49 ft.)
27.5.5
MX-5 Zone (Part of Lots 8 & 9, Concession 1 MT, Hallowell Ward)
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295
Notwithstanding any provisions of this By-law to the contrary, within the MX-5 Zone, the
following provisions shall apply:
i. The maximum depth of extraction activities shall be limited to 1.5 m (4.92 ft.) above the
established ground water table or the clay layer, whichever is encountered first.
ii. Access to the sand and gravel pit may be by means of a right-of-way.
iii. The lands shall be developed in accordance with a Class ‘B’ license, less than 20,000 tonnes
of material extracted annually, from the Ministry of Natural Resources.
27.5.6 MX-6 Zone (Ridge Road Aggregate Inc., Part of Lots 18 & 19, Concession 2 MT, Hallowell
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the MX-6 Zone, the
following provisions shall apply:
i.
The maximum depth of extraction activities shall be limited to 1.5 metres above the
established ground water table;
ii. Access to the sand and gravel pit may be by means of right-of-way;
iii. The yard requirements as per Sections 27.3.1 and 27.3.2 shall be exempted wherever the MX6 Zone abuts another MX or MX-Special Zone;
iv. Notwithstanding Sections 27.3.1 and 27.3.2 to the contrary, the rear yard setback shall be
exempted for the west half of the lands zoned MX-6.
SECTION 28 WASTE DISPOSAL INDUSTRIAL (MD) ZONE
No person shall within an Waste Disposal Industrial (MD) Zone use any land or erect, alter or use any
building or structure except in accordance with the following:
28.1
PERMITTED NON-RESIDENTIAL USES
28.1.1
a waste disposal site
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
28.1.2
a waste transfer station
28.1.3
a sewage treatment facility
28.1.4
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
28.1.5
uses, buildings and structures accessory to the foregoing permitted uses
28.2
PERMITTED RESIDENTIAL USES
28.2.1
residential uses are prohibited
28.3
REGULATIONS FOR PERMITTED USES
28.3.1
Certificate of Approval
296
No person, including the County, shall establish, alter, enlarge or extend a waste disposal site or
sewage disposal plant including a waste management system unless a provincial certificate of
approval has been issued by the Ministry of the Environment as required by the Environmental
Protection Act.
28.4
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Waste Disposal Industrial (MD) Zone shall apply and be complied with.
28.5
SPECIAL WASTE DISPOSAL INDUSTRIAL (MD) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
28.5.1
MD-1 Zone (Town Line Farms & Town Line Processing Ltd., Wellington & Hillier
Wards)
Notwithstanding any provisions of this By-law to the contrary, within the MD-1 Zone, the
following provisions shall apply:
i.
A waste lagoon serving the Town Line vegetable processing plant and associated
infrastructure such as a flow monitoring station, pump house and waste/water lines, including
uses normally ancillary thereto, are the only permitted uses on the lands zoned MD-1.
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ii.
297
Landscaping buffers are not required on lands zoned MD-1.
SECTION 29 INSTITUTIONAL (I) ZONE
No person shall within an Institutional (I) Zone use any land or erect, alter or use any building or structure
except in accordance with the following:
29.1
PERMITTED NON-RESIDENTIAL USES
29.1.1
arena
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298
29.1.2
assembly hall
29.1.3
auditorium
29.1.4
cemetery
29.1.5
community centre
29.1.6
day nursery
29.1.7
electrical substation
29.1.8
existing airport
29.1.9
government administration or public works building including a sand/salt storage structure, a
fire hall, police station, a lighthouse and a weather monitoring station
29.1.10 historical site or museum
29.1.11 hospital
29.1.12 library
29.1.13 medical centre
29.1.14 nursing home
29.1.15 place of worship
29.1.16 post office
29.1.17 public park
29.1.18 school
29.1.19 tourist information kiosk
29.1.20 public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
29.1.21 uses, buildings and structures accessory to the foregoing permitted uses
29.2 PERMITTED RESIDENTIAL USES
29.2.1
one single detached dwelling or one dwelling unit as an accessory use to any of the foregoing
permitted non-residential uses
29.2.2
home business
29.2.3
uses, buildings and structures accessory to the foregoing permitted residential uses
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Comprehensive Zoning By-law
October 23, 2006
29.3
REGULATIONS FOR PERMITTED USES
29.3.1
Minimum Lot Area
1. Municipal sewer and water service
2. Municipal water and private sewage service
3. Private water supply and sewage service
29.3.2
299
465 m2 (5,000 ft.2)
0.4 ha (1 ac.)
0.4 ha (1 ac.)
Minimum Lot Frontage
1. Municipal sewer and water service
2. Municipal water and private sewage service
3. Private water supply and sewage service
15 m (50 ft.)
30 m (100 ft)
30 m (100 ft.)
29.3.3
Minimum Front Yard
12 m (40 ft.)
29.3.4
Minimum Exterior Side Yard
12 m (40 ft.)
29.3.5
Minimum Interior Side Yard
i. abutting a commercial or institutional zone
ii. abutting any other zone
29.3.6
7.5 m (25 ft.)
10.5 m (35 ft.)
Minimum Rear Yard
1. abutting a commercial or institutional zone
2. abutting any other zone
7.5 m (25 ft.)
10 m (35 ft.)
29.3.7
Maximum Lot Coverage (all buildings and structures)
35%
29.3.8
Minimum Landscaped Open Space
15%
29.3.9
Maximum Height of Buildings
15 m (49.2 ft.)
29.4
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Institutional (I) Zone shall apply and be complied with.
29.5 SPECIAL INSTITUTIONAL (I) ZONES
29.5.1
I-1 Zone
Reserved.
29.5.2
I-2 Zone (Wellington Fire Hall, Part of Lots 1 and 178, Plan No. 8, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-2 Zone, the
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300
following provisions shall apply:
2
i. Minimum Lot Area 1,800 m (19,375.6 sq. ft.)
ii. Minimum Front Yard 8.4 m (27.5 ft.)
iii. Minimum Rear Yard 11.6 m (38.05 ft.)
iv. Minimum Side Yard 7.6 m (24.9 ft.)
29.5.3
I-3 Zone (Wellington United Church, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-3 Zone, the
following provisions shall apply:
i. Additional Permitted Uses
1. A manse, which for the purposes of this section, shall be defined as a single detached
dwelling used as the residence of a minister or other chief religious official and his or
her family.
2. A parking lot
ii. Provisions for Permitted Uses
1. Minimum front yard depth, exclusive of steps, porches, retaining walls or verandas
shall be 4.1 m (13.45 ft.)
2. Minimum side yard setback for the manse only shall be 2.4 m (7.8 ft.)
29.5.4
I-4 Zone (Picton Clinic, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-4 Zone, the
following provisions shall apply:
i. The only permitted use shall be a health clinic with the following specific uses:
1. physicians’ offices
2. optometrists' offices
3. dentists’ offices
4. administrative and business offices
5. coffee shop
6. retail sale of medical supplies, medicine prescription and non-prescription, and
products typical to a medical supply store
7. space for the provision of the following tests:
a. holter monitor (hook-up and removals)
b. stress electrocardiograms
c. pulmonary function testing
8. storage space as required to accommodate the foregoing uses
9. uses accessory to the foregoing and normally associated with a health care clinic.
ii. Development shall be subject to Site Plan Control, pursuant to Section 41 of the Planning
Act, R.S.O., 1990, as amended.
29.5.5
I-5 Zone (First Baptist Church, Picton Ward)
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301
Notwithstanding any provisions of this By-law to the contrary, within the I-5 Zone, the
following provisions shall apply:
i. Minimum front yard
3.0 m (9.84 ft.)
ii. Minimum rear yard 5.0 m (16.4 ft.)
iii. Minimum side yard 1.5 m (4.92 ft.)
iv Maximum building height 16 m (52.49 ft.)
v. Maximum lot coverage 55%
vi Minimum off street parking requirement 0
29.5.6
I-6 Zone (Sonrise, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-6 Zone, the
following provisions shall apply:
i. No development shall occur and no buildings shall be located within 15 m (49.2 ft.) of the
drainage ditch located along the southerly limit of MacSteven Drive.
ii. Development shall be subject to Site Plan Control, pursuant to Section 41 of the Planning Act,
R.S.O., 1990, as amended.
29.5.7
I-7 Zone (Children’s Aid Society, Picton Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-7 Zone, the
following provisions shall apply:
i. In addition to the uses permitted in the Institutional Zone, business, professional and
administrative offices are a permitted use.
ii. No development shall occur and no buildings shall be located within 15 m (49.2 ft.) of the
drainage ditch located along the southerly limit of MacSteven Drive.
iii. The minimum number of parking spaces required for business, professional and
2
administrative offices shall be 1 parking space for every 26 m (279.8 sq. ft.) of gross floor
area of the building.
iv. Development shall be subject to Site Plan Control, pursuant to Section 41 of the Planning
Act, R.S.O., 1990, as amended.
29.5.8
I-8 Zone (Part of Lots 23 and 24, Conc. RPEB, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-8 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. A private school for the teaching of music shall be the only permitted use.
2. Uses and buildings accessory to the private music school, such as overnight
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302
accommodation, dining facilities or a performance centre are permitted.
3. An accessory dwelling for the owner/operator of the private music school is a
permitted use.
ii. Minimum lot area
13.7 ha (34 ac.)
iii. The setbacks of buildings existing on the date of passing of this by-law and any future
additions and/or improvements thereto, are permitted providing that the existing setbacks
from the front and side lot lines are not further reduced.
iv. The requirements of Section 41 of the Planning Act, R.S.O., 1990 c.P.13, as amended,
relating to Site Plan Control shall apply.
29.5.9
I-9 Zone (Part of Lots 2 & 3, Concession 1, SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-9 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. A private park owned by a not for profit organization.
2. A private club house owned by a not for profit organization.
ii. Minimum lot frontage 8.5 m (24 ft.)
29.5.10
I-10 Zone (Part of Lot 6, Concession 1, SBQ, North Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-10 Zone, the
following provisions shall apply:
i. In addition to the permitted uses, the following uses shall also be permitted:
1. A fisheries research station
2. Buildings and structures accessory to the fisheries research station use.
29.5.11
I-11 Zone (Prince Edward County, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-11 Zone, the
following provisions shall apply:
i. The only permitted use shall be an elevated water storage tank.
29.5.12
I-12 Zone (Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-12 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. A private school.
2. Accessory dormitories for the accommodation of students.
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303
3. Accessory dwellings for the accommodation of staff and students.
4. Buildings and structures accessory to the principle private school use.
29.5.13
I-13 Zone (Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-13 Zone, the
following provisions shall apply:
i. The only permitted use shall be a County, Provincial, public utilities or electrical utility works
yard.
29.5.14
I-14 Zone (Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-14 Zone, the
following provisions shall apply:
i. The only permitted use shall be a place of worship.
29.5.15
I-15 Zone
Reserved.
29.5.16
I-16 Zone (Canadian Forces Base Mountain View, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-16 Zone, the
following provisions shall apply:
i. These lands are currently used as an Army/Air Force Base and are exempt from any of the
regulations of this By-law so long as the property remains in Federal ownership.
29.5.17
I-17 Zone (Part of Lot 63, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-17 Zone, the
following provisions shall apply:
i. A planting strip shall be established along the east side lot line.
ii. The planting strip shall consist of a continuous hedgerow of trees, evergreens or shrubs not
less than 2.5 m (8.2 ft.) high and 9.1 m (29.85 ft.) wide, immediately adjoining the lot line or
portion thereof along which such planting strip is required.
iii. The planting strip shall be planted, nurtured and maintained by the owner or owners of the
lot on which the strip is planted.
iv. A planting strip referred to in this subsection may form a part of any landscaped open space
required by this by-law.
29.5.18
I-18 Zone (Part of Lot 68, Concession 3, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the I-18 Zone, the
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
following provisions shall apply:
i. The permitted uses shall be limited to a hydro electric distribution station.
29.5.19 I-19 Zone (Macaulay Village, Hallowell Ward)
Notwithstanding any provisions of this by-law to the contrary, within the I-19 zone, the
following provisions shall apply:
i. Permitted uses are limited to the following:
1. clubs, private
2. place of worship
3. community centre
4. day nursery
5. uses accessory to the above listed uses.
29.5.20
I-20 Zone (Hydro One, Ward Hallowell)
Notwithstanding any provisions of this by-law to the contrary, within the I-20 zone, the
following provisions shall apply:
i. Permitted uses are limited to the following:
1. a County, Provincial or Ontario Hydro works yard
29.5.21
I-21 Zone (Church of St. Mary Magdalene, Pt. Lot 229, Plan 24, Ward Picton)
Notwithstanding any provisions of this by-law to the contrary, within the I-21 zone, the
following provisions shall apply:
i.
Maximum Lot Coverage – 37%
29.5.22 I-22 Zone (Walter Evans, Pt. Lots 772,773 & 774, Plan 24, Ward Picton)
Notwithstanding any provisions of this by-law to the contrary, within the I-22 zone, the
following provisions shall apply:
i. Minimum number of on site parking spaces shall be 25.
29.5.23
I-23 Zone (Wellington Library, Part Lot 123, Plan 8, Wellington Ward)
Notwithstanding the provisions of this by-law to the contrary, within the I-23 zone, the
following provisions shall apply:
i.
The Permitted Uses shall be restricted to only the following:
1. Library
2. Municipal Building
3. Community Centre
304
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305
4. Business/Professional Office
ii.
For the purposes of this by-law a “Community Centre” is defined as a building or part
thereof in which facilities are provided for such purposes as meetings or events for civic,
educational, political, religious, social, recreational or similar purposes.
iii
iv
v
vi
vii
viii
ix
x
Minimum Lot Area
Minimum Lot Frontage
Minimum Front Yard
Minimum Interior Side Yard
Minimum Exterior Side Yard
Minimum Rear Yard
Maximum Lot Coverage
Maximum Building Height
xi
Minimum Parking Space size for the uses permitted in the I-23 Zone shall be 2.74
metres (9 feet) by 5.5 metres (12 feet).
xii.
A total of 11 parking spaces shall be required for the uses permitted in the I-23 zone,
provided in a combination of on-site and off-site parking areas. A Minimum of 3
Parking Spaces shall be provided wholly on-site.
-
800 m2 (8611.4 ft2)
15 metres (49.2 feet)
5.5 metres (18 feet)
1.5 metres (5 feet)
0.61 metres (2 feet)
1.5 metres (5 feet)
50%
10.7 metres (35 feet)
xiii. Where the parking area is located off-site, the off-site parking area shall be located on
lands which are within 150 metres (492.1feet) of the lands zoned I-23 and are in the
same ownership as the lands zoned I-23, or on lands for which a long term renewable
agreement or lease has been signed, if under different ownership from the lands zoned I23.
xiv. Notwithstanding the definition provided in Section 3.44 of By-law No. 950, as amended,
the lands zoned I-23 shall be deemed to constitute one lot for the purposes of this bylaw.
xv.
A minimum landscaped buffer of 1.5 metres (4.9 feet) shall be provided and maintained
between any parking space and any Rear Lot Line.
xvi. The requirements of Section 41 of the Planning Act, R.S.O., 1990, c.P.13, as amended,
relating to Site Plan Control shall apply to the lands zoned I-23.
29.5.24
I-24 Zone (Clapp, Picton Ward)
Notwithstanding the provisions of this by-law to the contrary, within the I-24 zone, the
following provisions shall apply:
i.
ii.
iii.
iv.
Minimum front yard – 6.5 metre (21.3 feet)
Minimum easterly side yard – 3.05 metre (10 feet)
Minimum westerly side yard – 0 metres (0 feet)
Minimum on site parking – 7
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Comprehensive Zoning By-law
October 23, 2006
v.
No buffer strip shall be required.
SECTION 30 OPEN SPACE (OS) ZONE
No person shall within an Open Space (OS) Zone use any land or erect, alter or use any building or
structure except in accordance with the following:
30.1
PERMITTED NON-RESIDENTIAL USES
30.1.1
public or private park or open space
306
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307
30.1.2
walking trails
30.1.3
boat launching facility
30.1.4
existing agricultural uses
30.1.5
conservation uses including activities connected with the conservation of soil and wildlife
30.1.6
sustainable resource management uses, including fishing, hunting, wildlife viewing, forestry
and facilities and structures which are accessory to these uses, including board walks, duck
blinds and fish huts
30.1.7
historical site
30.1.8
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
30.1.9
uses and buildings that are accessory to the permitted uses, such as a club house, refreshment
pavilion or booth
30.2
PERMITTED RESIDENTIAL USES
30.2.1
residential uses are prohibited
30.3
REGULATIONS FOR PERMITTED USES
30.3.1
No minimum lot area or lot frontage shall be required for any lot
30.3.2
Minimum front yard
15 m (49.2 ft.)
30.3.3
All other yards, minimum
7.5 m (24.6 ft.)
30.3.4
Maximum Lot Coverage (all buildings and structures)
35%
30.3.5
Minimum Landscaped Open Space
35%
30.3.6
Maximum Height of Buildings
10 m (32.8 ft.)
30.4
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Open Space (OS) Zone shall apply and be complied with.
30.5
SPECIAL OPEN SPACE (OS) ZONES
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308
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
30.5.1
OS-1 Zone (Wellington by the Lake Golf Course, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-1 Zone, the
following provisions shall apply:
i. Permitted Uses
1. a golf course
2. a commercial club house
3. building and structures which are accessory to the golf course use, including but not
limited to:
a. maintenance or storage buildings or areas
b. golf cart facility or area
ii. Prohibited Uses
1. Residential uses
iii. Provisions for Permitted Uses
1. Maximum golf course area
38 ha (93.9 ac.)
2
2. Maximum gross floor area, commercial club house shall be 465 m (5,000 sq. ft.)
3. Maximum gross floor area, maintenance or storage building or golf cart facility shall
2
be 250 m (2,691 sq. ft.)
4. Minimum number of parking spaces, commercial club house shall be 1 space for every
2
4.7 m (50.59 sq. ft.) of gross floor area
5. Minimum front, side or rear yard required between any building or structure and a
street line, lot line or zone boundary shall be 10 m (32.8 ft.)
6. Minimum width of a landscaped planting strip to be provided and maintained between
a parking lot and any street line or zone boundary shall be 1.5 m (4.92 ft.)
7. The commercial club house shall be serviced with municipal water supply and sewage
disposal systems.
30.5.2
OS-2 Zone (Daimler Retirement Parks Limited, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-2 Zone, the
following provisions shall apply:
i. Permitted Uses
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1. A stormwater management facility
2. Private or public parks, playgrounds and picnic areas that do not detract from the
stormwater management function
3. Open space uses
ii. Provisions for Permitted Uses
1. No buildings or structures shall be permitted except as necessary for stormwater
management purposes.
30.5.3
OS-3 Zone (Part of Lot 19, Concession 1 North of Black River, South Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-3 Zone, the
following provisions shall apply:
i. The only permitted uses shall be a park or overflow parking for a permitted use in the TC-34
Zone.
ii. Buildings shall be prohibited.
iii. Minimum lot area 0.12 ha (0.30 ac.)
30.5.4
OS-4 Zone (Parrs Island, Part of Lot 16, Concession I SSEL, Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-4 Zone, the
following provisions shall apply:
i. The only permitted use shall be private open space.
30.5.5
OS-5-H Zone (Part of Lot 14, Concession 1, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-5 Zone, the
following provisions shall apply:
i.
The permitted uses shall be limited to a public park, conservation and nature observation
and uses accessory thereto.
ii.
The minimum setback for any main buildings and structures from the flood plain of Lake
Ontario or an EP Zone shall be 30.48 m (100 ft.) except that an observation platform may
be permitted adjacent to the shoreline of Lake Ontario provided that prior written
approval for this structure has been received from the Conservation Authority.
No development on the lands zoned OS-5 shall take place until such time as the
iii.
“Holding” (-H) symbol has been removed by By-law.
iv.
The “Holding” (-H) symbol may only be removed after the execution of a subdivision
agreement between the County and the Owner addressing, among other things, site
services, access, parkland and financial requirements and the final plan has been
approved for registration by the County.
v.
Until such time as the “Holding” (-H) symbol has been removed, the only uses, buildings
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or structures permitted on the lands shall be the non-residential uses permitted in the
Rural 1 (RU1) Zone.
vi.
30.5.6
Upon removal of the “Holding” (-H) symbol by Council, the uses and zone provisions of
the OS-5 Zone shall apply.
OS-6 Zone (Prince Edward Rod & Gun Club, Plan 2, Pt. Lot 10, Gore K, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-6 Zone, the
following provisions shall apply:
i. A private gun club is also a permitted use.
30.5.7
OS-7-H Zone (Part of Lots 5, 6 & 7, Concession SSWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-7 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to the following:
1. a golf course
2. a golf practice facility
3. a commercial clubhouse, which may include a resort conference facility
4. buildings which are accessory to the main golf course use, including but not limited to
a maintenance or storage area(s) or building(s), golf cart storage facility, and practice
area control building.
5. agricultural uses
6. the continued use of two single detached dwellings existing on the date of passing of
this by-law
ii. Regulations for Permitted Uses
1. Maximum golf course area 85 ha (210 ac.)
2
2. Maximum gross floor area for clubhouse 1900 m (20452 sq. ft.)
2
3. Minimum number of parking spaces for clubhouse shall be 1 space per 12.6 m (135.6
sq. ft.) gross floor area.
4. Minimum front, side, or rear yard required between any building or structure and a
street line, lot line or zone boundary shall be 15 m (49.2 ft.).
5. Minimum width of landscaped planting strip to be provided and maintained between a
parking lot and any street line, lot line or zone boundary shall be 3 m (9.8 ft.).
iii.
Removal of the Holding Symbol (-H), shall not be considered until the following matters
have been addressed to the satisfaction of the County:
1. The preparation of a detailed hydrogeological report for the servicing of the permitted
uses of the OS-7 Zone, which shall address the proposed water supply and sanitary
sewage disposal systems, all to the satisfaction of the Ministry of Environment, the
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District Health Unit and the County;
2. The preparation of a detailed stormwater management report for the permitted uses of
the OS-7 Zone to the satisfaction of the Quinte Conservation Services Alliance/Prince
Edward Region Conservation Authority and the County;
3. The necessary permits have been obtained from the Ministry of Environment to take
water from the irrigation supply;
4. The execution of a site plan agreement between the County and the Owner addressing
all municipal requirements, financial and otherwise, and shall incorporate the
requirements of the Ministry of Environment, District Health Unit and Quinte
Conservation with respect to Items 1, 2 and 3 above, together with any other agency
requirements.
30.5.8
OS-8 Zone (Part of Lot 75, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-8 Zone, the
following provisions shall apply:
i. The only permitted uses shall be day time recreational uses, by way of pedestrian access only.
ii. Motorized vehicular traffic, the launching of boats or personal watercraft, overnight camping
or the parking of any vehicles shall not be permitted.
30.5.9
OS-9 Zone (Wellington Bay Estates, Registrar’s Compiled Plan No. 15, Wellington Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-9 Zone, the
following provisions shall apply:
i. Permitted Uses
1. A stormwater management facility
2. Private or public parks, playgrounds and picnic areas that do not detract from the
stormwater management function
3. Open space uses
ii. Provisions for Permitted Uses
1. No buildings or structures shall be permitted except as necessary for stormwater
management purposes.
30.5.10 OS-10 (Macaulay Village, Hallowell Ward)
Notwithstanding any provisions of this by-law to the contrary, within the OS-10 zone, the
following provisions shall apply:
i. Permitted uses are limited to the following:
1. public or private park or open space;
2. group mailboxes;
3. storm water management facilities, but excluding any buildings;
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4. uses accessory to the above listed uses.
30.5.11
OS-11 Zone (Fleck, Pt. Lot 19, Conc. 1 NBR, South Marysburgh Ward)
Notwithstanding any provisions of this by-law to the contrary, within the OS-11 zone, the
following provisions shall apply:
i. The only permitted uses on lands zoned OS-11 shall be a park or overflow parking for a
permitted use in the TC-39 Zone. Buildings shall be prohibited.
30.5.12
OS-12 Zone (Quinte’s Isle Campark Inc., Part of Lot 22 & 23, Concession 1, SSEL, Athol
Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-12 Zone, the
following provisions shall apply:
i. Permitted non-residential uses:
1. A maximum of 175 unserviced transient camping site
2. Nine hole golf course
3. Golf driving range
4. Uses that are normally incidental and accessory to the above uses.
ii. The Site Plan Control provisions of Section 41 of the Planning Act, R.S.O., 1990 shall apply.
30.5.13
OS-13-H Zone (Redgate Development Inc. Pt. Lot 20, Conc. 1 SECP, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-13-H Zone, the
following provisions shall apply:
i. The only permitted uses shall be:
1. a park
2. a conservation use
ii. Reference Amending By-law # 1377-2004 regarding removal of ‘H’.
30.5.14
OS-14-H Zone (Redgate Development Inc. Pt. Lot 20, Conc. 1 SECP, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-14-H Zone, the
following provisions shall apply:
i. The only permitted uses shall be:
1. a Stormwater management facility
ii. Reference Amending By-law # 1377-2004 regarding removal of ‘H’.
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30.5.15 OS-15 Zone (Callow, Pt. Lot 3, Conc. NWWL, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-15 Zone, the
following provisions shall apply:
i.
ii.
30.5.16
The only permitted uses shall be:
1. an agricultural use
2. a conservation use
No buildings or structures shall be permitted on the lands zoned OS-15
OS-16 Zone (Ameliasburgh Town Hall property, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the OS-16 Zone, the
following provisions shall apply:
i. The only permitted uses shall be:
1. uses existing on the date of passing of this by-law;
2. public works yard and/or garage; and
3. public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
SECTION 31 ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall within any Environmental Protection (EP) Zone use any land, or erect, alter or use any
building or structure except in accordance with the following provisions.
31.1
PERMITTED NON-RESIDENTIAL USES
31.1.1
Conservation uses including low impact activities connected with the conservation of soil and
wildlife and buildings and structures related to functions / uses of the Conservation Authority.
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314
31.1.2
forestry
31.1.3
agricultural uses, excluding new buildings or structures
31.1.4
flood, sedimentation and erosion control uses and structures as approved by Quinte
Conservation.
31.1.5
Sustainable resource management uses such as fishing, hunting and wildlife viewing and
facilities and structures which are accessory to these uses, including board walks, duck blinds
and fish huts.
31.1.6
docks and boathouses in accordance with the provisions of Section 4.1.6 of this By-law
31.2
PERMITTED RESIDENTIAL USES
31.2.1
residential uses are prohibited
31.3
REGULATIONS FOR PERMITTED USES
31.3.1
No minimum area, or frontage shall be required for any lot
31.3.2
Docks and boathouses shall only be permitted with written approval from the Conservation
Authority.
31.3.3
Maximum Lot Coverage
35%
31.3.4
Minimum Landscaped Open Space
35%
31.3.5
Maximum Height of Buildings
10 m (32.8 ft.)
31.3.6
The placing or removal of fill, site grading, or in anyway altering the contours of the ground,
including driveway construction of any kind, whether originating on the site or elsewhere, is
prohibited, unless prior written approval has been received from the Conservation Authority.
31.4
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Environmental Protection (EP) Zone shall apply and be complied with.
31.5
SPECIAL ENVIRONMENTAL PROTECTION (EP) ZONES
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Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
31.5.1
EP-1 Zone (Part of Lots 61 & 62, Concession 1, Ameliasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the EP-1 Zone, the
following provisions shall apply:
i. Permitted uses shall be restricted to stormwater management uses as outlined in the approved
stormwater management plan for subdivision 13-T-980002, including detention/retention
areas reserved for the temporary ponding and/or treatment of stormwater. In addition, low
impact private open space uses may be permitted.
ii. Only those structures required for stormwater management purposes shall be permitted. All
other buildings or structures (including, without limitations, dwellings, garages, septic
systems, decks, fences, swimming pools, tool sheds, satellite dishes or play equipment) shall
be prohibited.
iii. The removal of vegetation, the planting of additional vegetation and/or the alteration of
grades shall not be permitted without the prior written consent of Quinte Conservation and
the County.
31.5.2
EP-2 Zone (Nutty Lane, Part of Lot 2, Concession Lakeside North of Smith=s Bay, North
Marysburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the EP-2 Zone, the
following provisions shall apply:
i. The primary purpose of the EP-2 Zone is to maintain and protect the escarpment and existing
vegetation on the slope.
ii. Only those buildings and structures existing on the date of passing of this by-law shall be
permitted in the EP-2 Zone.
iii. Minor recreational structures such as steps or docks related to a main residential use in the
adjacent zone category may be permitted, if approved in writing by the Conservation
Authority.
iv. The maximum amount of existing vegetation shall be maintained on the lands zoned EP-2.
31.5.3
EP-3 Zone (Alexander Island, Hillier Ward)
Notwithstanding any provisions of this By-law to the contrary, within the EP-3 Zone, the
following provisions shall apply:
i. The only uses permitted shall be low impact recreational and conservation uses, including
access to floating docks intended for non-motorized water craft, access to observation
platforms, and other trails, as approved by the Conservation Authority, provided further trails
shall not be permitted within 15 m (49.2 ft.) of the boundary of the EP-W-1 Zone.
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ii. Buildings shall not be permitted within the EP-3 Zone.
31.5.4
EP-4 Zone (Pt Lots 31 & 32, Conc. 1 SWGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the EP-4 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to conservation uses and outdoor recreational activities that are
ancillary to a main residential use located on the same lot.
ii. Only structures that are accessory to the permitted conservation and outdoor recreational uses
may be permitted, subject to the prior written approval of the Conservation Authority or the
Ministry of Natural Resources.
31.5.5
EP-5 Zone (Part of Lot 17, Concession 1, WGP, Sophiasburgh Ward)
Notwithstanding any provisions of this By-law to the contrary, within the EP-5 Zone, the
following provisions shall apply:
i. Permitted uses shall be limited to conservation uses and outdoor recreational activities that are
ancillary to a main residential use located on an adjacent lot.
ii. Only structures that are accessory to the permitted conservation and outdoor recreational uses
may be permitted, subject to the prior written approval of the Conservation Authority or the
Ministry of Natural Resources.
31.5.6
EP-6 Zone (Quinte’s Isle Campark Inc., Part of Lots 21, 22 & 23, Concession 1, S.S.E.L.,
Athol Ward)
Notwithstanding any provisions of this By-law to the contrary, within the EP-6 Zone, the
following provisions shall apply:
i. Permitted uses shall be restricted to conservation uses and walking trails.
SECTION 32 ENVIRONMENTAL PROTECTION –
PROVINCIALLY SIGNIFCANT WETLAND (EP-W) ZONE
No person shall within any Environmental Protection - Provincially Significant Wetland (EP-W) Zone
use any land, or erect, alter or use any building or structure except in accordance with the following
provisions.
32.1
PERMITTED NON-RESIDENTIAL USES
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317
32.1.1
conservation uses including activities connected with the conservation of soil and wildlife
32.1.2
forestry
32.1.3
flood, sedimentation and erosion control uses and structures as approved by Quinte
Conservation.
32.1.4
sustainable resource management uses such as fishing, hunting and wildlife viewing
32.1.5
docks and boathouses in accordance with the provisions of Section 4.1.6 of this By-law
32.1.6
existing agricultural uses, excluding new buildings and structures
32.2
PERMITTED RESIDENTIAL USES
32.2.1
residential uses are prohibited
32.3
REGULATIONS FOR PERMITTED USES
32.3.1
No minimum area or frontage shall be required for any lot
32.3.2
Docks and boathouses shall only be permitted with written approval from the Conservation
Authority.
32.3.3
Maximum Lot Coverage (all buildings and structures)
35%
32.3.4
Minimum Landscaped Open Space
35%
32.3.5
Maximum Height of Buildings
10 m (32.8 ft.)
32.4
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Environmental Protection - Provincially Significant Wetland (EP-W) Zone
shall apply and be complied with.
32.5
SPECIAL ENVIRONMENTAL PROCTECTION – PROVINCIALLY SIGNIFICANT
WETLAND (EP-W) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
32.5.1
EP-W-1 Zone (Alexander Island, Hillier Ward)
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318
Notwithstanding any provisions of this By-law to the contrary, within the EP-W-1 Zone, the
following provisions shall apply:
i. The only uses permitted in the EP-W-1 Zone shall be low impact recreational and
conservation uses, including structures relating thereto such as observation platforms and
floating docks not intended for use by motorized water craft, as approved by the Conservation
Authority and/or the Ministry of Natural Resources.
ii. Buildings shall not be permitted within the EP-W-1 Zone.
32.5.2
EP-W-2 Zone (Bakker Road, Hillier Ward)
Notwithstanding any provisions of this by-law to the contrary, within the EP-W-2 zone, the
following provisions shall apply:
i. The only uses permitted shall be conservation uses, including observation platforms, and
floating docks not for the use of motorized water craft, all as approved by the Conservation
Authority and/or the Ministry of Natural Resources.
32.5.3
EP-W-3 Zone (Bakker Road, Hillier Ward)
Notwithstanding any provisions of this by-law to the contrary, with in the EP-W-3 zone, the
following provisions shall apply:
i. The only uses permitted shall be conservation uses, including access to observation platforms,
low impact trails, boat launching facilities and floating docks not for the use of motorized
water craft and boats with motors no larger than 9.9 horsepower, as approved by the
Conservation Authority.
ii. Low impact trails shall not be permitted within 15 m (50 ft.) of an EP-W-2 zone.
32.5.4
EP-W-4 Zone (Bakker Road, Hillier Ward)
Notwithstanding any provisions of this by-law to the contrary, with in the EP-W-4 zone, the
following provisions shall apply:
i. Only outdoor recreational uses, such as playing fields, shall be permitted in the EP-W-4 zone.
SECTION 33 FUTURE DEVELOPMENT (FD) ZONE
No person shall within any Future Development (FD) Zone use any land, or erect, alter or use any
building or structure except in accordance with the following provisions.
33.1
PERMITTED NON-RESIDENTIAL USES
33.1.1
a use existing on the date of passing of this By-law
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319
33.1.2
an accessory building or use to an existing use on the date of passing of this By-Law
33.1.3
agricultural uses, including new buildings and structures
33.1.4
public uses or utilities in accordance with the provisions of Section 4.23 of this By-law
33.2
PERMITTED RESIDENTIAL USES
33.2.1
a use existing on the date of passing of this By-law
33.2.2
an accessory building or use to an existing use on the date of passing of this By-Law
33.3
REGULATIONS FOR PERMITTED USES
33.3.1
Minimum Lot Area - as existing on the date of passing of this By-Law
33.3.2
Minimum Lot Frontage - as existing on the date of passing of this By-Law
33.3.3
Maximum Lot Coverage - as existing on the date of passing of this By-Law
33.3.4
Minimum Front Yard
12 m (40 ft.)
33.3.5
Minimum Exterior Side Yard
12 m (40 ft.)
33.3.6
Minimum Interior Side Yard
6 m (20 ft.)
33.3.7
Minimum Rear Yard
12 m (40 ft.)
33.3.8
Maximum Lot Coverage
15%
33.3.9
Minimum Floor Area - as existing on the date of passing of this By-Law
33.3.10 Maximum Height - as existing on the date of passing of this By-Law
33.4
33.5
GENERAL ZONE PROVISIONS AND PARKING, DRIVEWAY AND LOADING
PROVISIONS
All provisions of Section 4, General Provisions and Section 5, Parking, Driveway and Loading
Provisions, of this By-law where applicable to the use of any land, building or structure
permitted within the Future Development (FD) Zone shall apply and be complied with.
SPECIAL FUTURE DEVELOPMENT (FD) ZONES
Except as specifically exempted or varied with the following special zones, all other
requirements of this By-law shall apply.
33.5.1
FD-1 Zone (380 Main Street, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the FD-1 Zone, the
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320
following provisions shall apply:
i. Minimum Lot Area 2.8 ha (7 ac)
ii. Minimum Lot Frontage 0 m (0 ft.)
iii. Minimum setback of existing building shall be 6.3 m (20.7 ft.)
iv. Access to the lot zoned FD-1 is by way of a 15 foot private right-of-way as described as Part
Lot 174, Part 5, Registered Plan 2 in the former Village of Bloomfield.
33.5.2
FD-2 Zone (Laurie, Part of Lots 120 & 121, Bloomfield Ward)
Notwithstanding any provisions of this By-law to the contrary, within the FD-2 Zone, the
following provisions shall apply:
i. Minimum Lot Area 2.0 ha (5 ac)
ii. Minimum Lot Frontage 21 m (70 ft.)
33.5.3
FD-3 Zone (Part of Lot 23, Concession 3, MT, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the FD-3 Zone, the
following provisions shall apply:
i. Minimum Lot Area 1.2 ha (2.96 ac.)
ii. Minimum Lot Frontage 8.2 m (26.9 ft)
33.5.4
FD-4 Zone (Macaulay Village, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the FD-4 Zone, the
following provisions shall apply:
i.
33.5.5
Permitted uses are limited to the following:
1. open space
2. Public use or utility
3. conservation uses, excluding any buildings or structures
4. agricultural uses, excluding any buildings or structures
FD-5 Zone (16224202 Ontario Inc., Part of Lot A, Concession 1 NWCP, Hallowell Ward)
Notwithstanding any provisions of this By-law to the contrary, within the FD-5 Zone, the
following provisions shall apply:
(i)
In addition to the uses permitted in Section 33.1 a stormwater management facility
serving the seniors condominium residential project on lands zoned the R3-23 Zone is a
permitted use.
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(ii)
321
Prior to rezoning lands zoned FD-5 , the following matters must be completed to the
satisfaction of the County of Prince Edward:
a)
approval by the Municipality of a Master Transportation Plan for the
development area bounded by Talbot St., extension of Downes Ave., Frank St.
and the Millennium Trail ;
b)
approval by the Municipality of a Master Municipal Servicing Plan for the
provision of sanitary sewers and municipal water supply for the development
area bounded by Talbot St., extension of Downes Ave., Frank St. and the
Millennium Trail ;
c)
approval by the Municipality of a Master Stormwater Management Plan for the
development area bounded by Talbot St., extension of Downes Ave., Frank
St. and the Millennium Trail ; and
d)
execution by the proponent of a cost sharing agreement with the owner of the
‘Hennessey’ subdivision for the extension of Downes Ave. across the entire
frontage of the proponent’s lands.
SECTION 34 BY-LAW ENFORCEMENT AND VALIDITY
34.1
ISSUANCE OF PERMITS
Where land is proposed to be used or a building or structure is proposed to be erected or
used in violation of this By-law, no permit or license required under any by-law of the
County for the use of land or for the erection or the use of the building or structure shall
be issued.
County of Prince Edward
Comprehensive Zoning By-law
October 23, 2006
34.2
INSPECTION OF LAND OR BUILDINGS
(a)
34.3
322
Where a By-law Enforcement Officer believes on reasonable grounds that any
provision of this By-law is being contravened, the By-law Enforcement Officer may,
at all reasonable times and upon producing proper identification, enter and inspect
any property on or in respect of which he or she believes the contravention is
occurring, subject to the provisions of Section 34.2 (b) below.
(b)
Except under the authority of a search warrant, the By-law Enforcement Officer shall
not enter any room or place actually used as a dwelling, without requesting and
obtaining the consent of the occupier, first having informed the occupier that the right
of entry may be refused and entry made only under the authority of a search warrant.
(c)
No person shall obstruct or attempt to obstruct a By-law Enforcement Officer in the
exercise of a power under this section.
VIOLATION AND PENALTIES
34.3.1
Every person who contravenes any provision of this By-law and, if the person is a corporation,
every director or officer of the corporation who knowingly concurs in the contravention, is
guilty of an offence and on conviction is liable to the penalties prescribed in Section 67 of the
Planning Act, R.S.O. 1990, c.P.13, as amended from time to time.
34.3.2
Where a conviction has been entered, in addition to any other remedy or penalty provided by
law, the court in which the conviction has been entered and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the offence by the
person convicted.
34.3.3
Any contravention of this By-law may be restrained by action at the instance of a taxpayer or
the County or local Board.
34.4
VALIDITY/SEVERABILITY
If any provision or requirement of this By-law or its application to any person shall to any
extent be held to be invalid or unenforceable, the remainder of this By-law or the application of
such provision or requirement to all persons other than those to which it is held to be invalid or
unenforceable, shall not be affected thereby, as it is the intention of the County that each
provision and requirement of this By-law shall be separately valid and enforceable to the fullest
extent permitted by law.
34.5
EXISTING BY-LAWS
All previous By-laws enacted pursuant to the provisions of Section 34 of the Planning Act,
R.S.O. 1990, c.P.13, as amended or any predecessor section thereto by former municipalities
that were restructured into the County and all amendments thereto are hereby repealed and
replaced by this By-law, save and except for the following amending by-laws and the relevant
portions of the parent by-laws thereto:
County of Prince Edward
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By-law No. 903-2002 (Vision Quest Windelectric, Pt. Lots 6 – 13, Conc. 4 SSEL, Ward of
Athol) OMB Case No. PL020917;
By-law No. 1714-2006 (Bergeron & Dunn, Pt. Lot 9, Conc. 2 N.W.C.P., Ward of Hallowell);
By-law No. 1740-2006 (Randal Kerr, Pt. Lots 67 & 68, Conc. 1, Ward of Ameliasburgh).
34.6
EFFECTIVE DATE
This By-law shall take force and come into effect on the date of passing hereof subject to the
provisions of the Planning Act, R.S.O. 1990, c.P.13, as amended.
READ A FIRST TIME THIS 23 day of October, 2006
READ A SECOND TIME THIS 23 day of October, 2006
READ A THIRD TIME AND FINALLY PASSED THIS 23 day of October, 2006
_____________________
Leo Finnegan, Mayor
Barry Turpin, Acting Mayor
______________________
Victoria Leskie, Clerk
I hereby certify that the foregoing is a true copy of By-law No. 1816-2006 as enacted by the Council of
the County of Prince Edward.
23 day of October, 2006.
______________________
Victoria Leskie, Clerk