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Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 834/81

RESTRICTED AREAS — TERRITORIAL DISTRICT OF SUDBURY

Historical version for the period February 18, 2014 to March 9, 2015.

Note:  This Regulation was consolidated under subsection 99 (3) of the Legislation Act, 2006 on April 24, 2013.

Last amendment:  O. Reg. 35/14.

This Regulation is made in English only.

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CONTENTS

 

 

Sections

 

Interpretation

1

 

Application

2

PART I

 

 

 

General

3

 

Classification of Zones

4

 

Accessory Buildings and Structures

5

 

Building Repair and Reconstruction

6

 

Existing Buildings

7

 

Frontage on a Street

8

 

Height Limitations

9

 

Home Occupations

10

 

Lots Having Insufficient Frontage or Area

11

 

Minimum Building Requirements for Human Habitation

12

 

Number of Dwellings Per Lot

13

 

Temporary Uses Permitted

14

 

Yard and Setback Encroachment Permitted

15

 

Setbacks on Provincial Highways

16

 

Shoreline Setbacks

17

 

Parking Requirements

18

 

Pits and Quarries

19

 

Public Utilities

20

PART II

 

21-23

PART III

 

24-26

PART IV

 

27-30

PART V

 

31-33

PART VI

 

34-38

PART VII

 

39-41

PART VIII

 

42-44

PART IX

 

45-47

PART X

 

48-52

PART XI

 

 

 

Miscellaneous

53-60.6, 60.7

PART XII

 

61-63.-66

Schedule 1

Rural zones — exemptions (subsection 22 (3) )

1-187

Schedule 2

Mobile home parks (subsection 49 (1))

1.-6-8

Schedule 3

General commercial zones — exemptions (subsection 32 (4))

1-2

Schedule 4

Seasonal residential zones — exemptions (subsection 30 (4))

1-3.-7

Schedule 5

Resort commercial zones — exemptions (subsection 35 (6))

1-2

Schedule 6

Institutional zones — exemptions (subsection 43 (3))

1-2

 

Interpretation

1. In this Order,

“accessory”, when used to describe a use, building or structure, means a use, building or structure that is normally incidental or subordinate to the principal use, building or structure on the same lot;

“agricultural use” means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry raising, beekeeping and such other uses as are customarily and normally related to agriculture;

“automobile service station” means a place where,

(a) gasoline and oil are kept for retail sale and sold by retail,

(b) vehicle repairs and services are performed, and

(c) grease, anti-freeze, tires and parts may be sold as incidental to the above operations;

 “commercial use” means the use of land, buildings or structures for the purpose of buying and selling commodities or supplying services;

“duplex” means a building that is divided into two dwelling units only;

“dwelling unit” means one or more habitable rooms occupied or capable of being occupied as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the exclusive use of such unit with a private entrance from outside the building or from a common hallway or stairway inside the building;

“front lot line” means the lot line that divides a lot from a street, right of way, Crown shoreline reserve or high-water mark of a river or lake, and

(a) in the case of a corner lot, the shorter line that abuts a street, right of way, Crown shoreline reserve or high-water mark of a river or lake shall be the front lot line,

(b) where a lot abuts both a street and the high-water mark of a river, lake or Crown shoreline reserve, the lot line abutting the high-water mark or Crown shoreline reserve shall be the front lot line;

 “front yard” means a yard extending across the full width of the lot between the front lot line and the nearest main wall of the main building or structure on the lot;

“garage” means a building accessory to a single dwelling or seasonal dwelling used primarily for the storage of one or more vehicles but does not include a garage used for commercial purposes;

“gross floor area” means the aggregate of the horizontal areas of each floor, whether above or below grade, measured between the exterior faces of the exterior walls of the building or structure;

“ground floor area” means the area of the lowest storey of a building or structure, excluding any basement or cellar, which area is measured between the exterior faces of the exterior walls of the floor level of the said storey;

“group home” means a dwelling unit in which three to ten residents live as a single housekeeping unit together with and under the supervision of the staff or the receiving household;

“guest cabin” means a building without cooking facilities that is accessory to a seasonal dwelling and used only for purposes of sleeping accommodation;

“height” means the vertical distance between the average elevation of the finished surface of the ground at the front of the building and the highest point of the roof surface;

“home occupation” means any occupation for gain or support conducted entirely within a single dwelling unit by the residents;

“hotel” means an establishment catering to the needs of the travelling public by the supply of food and by the furnishing of sleeping accommodation of not less than six bedrooms;

“industrial extractive use” means the use of land for the extraction of mineral aggregates including sand, gravel, shale, clay and bedrock suitable for the production of crushed stone, building stone, cement products and other similar materials;

“industrial use” means the use of any land, building or structure for the purpose of manufacturing, assembling, finishing, treating, altering, repairing, warehousing, storing, adaption or sale of any goods, substance, article or thing or any part thereof, and the storage of building and construction equipment and materials;

“lot” means a parcel of land,

(a) described in a deed or other document legally capable of conveying land, or

(b) shown as a lot or block on a registered plan of subdivision;

 “lot area” means the total horizontal area within the lot lines of a lot;

“lot coverage” means the percentage of the lot area covered by the ground floor area of all buildings or structures situate on the lot;

“lot frontage” means the horizontal distance between the side lot lines of a lot and, where such lot lines are not parallel, the lot frontage shall be the distance betireen the side lot lines measured on a line parallel to the front lot line and 7.5 metres distant therefrom;

“lot line” means a boundary of a lot;

“marina” means an establishment where boats are stored for rent or hire and where boats, boat motors and boat accessories are sold, repaired or refueled;

“mobile home” means a dwelling unit that is designed to be made mobile and constructed or manufactured as a permanent residence but does not include a recreational vehicle or any type of trailer;

“mobile home park” means one parcel of land under single ownership that has not been subdivided under the Act, in which mobile homes are located and individual sites are made available on a rental or lease basis;

“parking space” means an area set aside for the purpose of the parking of vehicles with access to a street or to a private lane that has access to a street;

“pit” means land from which unconsolidated aggregate may be excavated but does not include an excavation for a building or structure;

“public access point” means public land designated by the Crown and developed and maintained as a public access to a water body;

“public utility” means a water works or water supply system, sewage works, electrical power or energy generating transmission or distribution system, street lighting system, natural or artificial gas works or supply system, a telephone system and includes any lands, buildings or equipment required for the administration or operation of any such system;

“quarry” means land from which consolidated aggregate may be excavated but does not include an excavation for a building or structure;

“rear lot line” means the lot line opposite the front lot line;

“rear yard” means a yard extending across the full width of a lot between the rear lot line and the nearest main wall of the main building on the lot;

“seasonal dwelling” means a single dwelling or mobile home to be used for recreation but not occupied as a permanent residence or home;

“side lot line” means a lot line other than a front or rear lot line;

“side yard” means a yard between the nearest main wall of the main building or structure and the side lot line extending from the front yard to the rear yard;

“single dwelling” means a separate building containing only one dwelling unit;

“street” means a public highway that is a principal means of access to abutting lots that is under the jurisdiction of the Province of Ontario or a local roads board or is a road within a registered plan of subdivision;

“waste disposal site” means land approved by the Ministry of the Environment upon, into or in which waste may be deposited or processed;

“wayside pit or quarry” means a temporary source of consolidated or unconsolidated aggregate opened by or for a public road authority, including a local roads board, for the purpose of a particular project of public road construction;

“yard” means a space open from the ground to the sky on the lot on which a building is situate unoccupied except for such accessory buildings as are specifically permitted in this Order.  O. Reg. 834/81, s. 1; O. Reg. 733/88, s. 1; O. Reg. 109/92, s. 1.

Application

2. This order applies to,

(a) all of the lands in the geographic Townships of Bevin, Caen, Cartier, Cascaden, Curtin, Emo, Ermatinger, Foster, Foy, Halifax, Hart, Harty, Hess, Kelly, Moncrieff, Munster, Roosevelt, Tofflemire, Totten, Truman, Ulster and Venturi; and

(b) those parts of the geographic Townships of Eden, Tilton and Trill not within The Regional Municipality of Sudbury in the Territorial District of Sudbury.  O. Reg. 154/97, s. 1; O. Reg. 272/10, s. 1; O. Reg. 397/12, s. 1.

PART I

General

3. No land to which this Order applies shall hereafter be used and no building or structure shall hereafter be erected or used except in accordance with the terms of this Order, but nothing in this Order prevents the use of any land, building or structure for a purpose prohibited by this Order if such land, building or structure was lawfully used for such purpose on the day this Order comes into force.  O. Reg. 834/81, s. 3.

Classification of Zones

4. (1) For the purposes of this Order, all the lands in the geographic Townships of Bevin, Caen, Emo, Ermatinger, Foster, Foy, Halifax, Hart, Harty, Hess, Kelly, Moncrieff, Munster, Roosevelt, Tofflemire, Totten, Truman, Ulster and Venturi and those parts of the geographic Townships of Eden, Tilton and Trill not within The Regional Municipality of Sudbury in the Territorial District of Sudbury and that part of the geographic Township of Cartier not shown on the map filed with the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing at Toronto as Number 73 are designated as a Rural Zone.  O. Reg. 154/97, s. 2; O. Reg. 272/10, s. 2; O. Reg. 397/12, s. 2.

(2) All of the lands in the geographic Townships of Cascaden and Curtin and that part of the geographic Township of Cartier in the Territorial District of Sudbury shown on the map filed with the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing at Toronto as Number 73 are divided into the zones listed in the following Table as shown on maps filed with the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing at Toronto as Numbers 63, 66, 73 and 189.

TABLE

 

Name of Zone

Symbol of Map

Rural

RU

Hamlet Residential

HR

Seasonal Residential

SR

General Commercial

CG

Resort Commercial

CR

General Industrial

M

Institutional

I

Open Space

OS

Mobile Home Park Residential

RMP

Hazard

H

O. Reg. 154/97, s. 2.

Accessory Buildings and Structures

5. (1) Accessory uses, buildings and structures are permitted in every zone.  O. Reg. 834/81, s. 5 (1).

(2) No building or structure may be used as a building or structure accessory to a dwelling unit except a boathouse, steam bath, storage or tool shed, garage, dock, wharf, swimming pool or greenhouse.  O. Reg. 834/81, s. 5 (2).

(3) Unless otherwise provided in this Order, accessory buildings and structures shall,

(a) be located not less than one metre from a side lot line and not less than one metre from the rear lot line;

(b) except in the case of a guest cabin, not be used for human habitation; and

(c) not exceed 10 per cent in total lot coverage.  O. Reg. 733/88, s. 3.

(4) Notwithstanding clauses (3) (a), (b) and (c), where a lot abuts navigable water, a boathouse, dock or wharf, as an accessory building or structure, may be erected up to that portion of the lot line that abuts the water.  O. Reg. 834/81, s. 5 (4).

Building Repair and Reconstruction

6. (1) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased or its original use altered.  O. Reg. 834/81, s. 6 (1).

(2) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure.  O. Reg. 834/81, s. 6 (2).

Existing Buildings

7. Where a building has been erected prior to the date this Order comes into force on a lot having less than,

(a) the minimum frontage or area; or

(b) the minimum front yard, side yard or rear yard,

required by this Order, the building may be extended, enlarged, repaired or renovated if there is no further reduction in any yard that is less than the minimum required by this Order and all other requirements of this Order are met.  O. Reg. 834/81, s. 7.

Frontage on a Street

8. No building or structure shall be erected on a lot unless the lot abuts a street that is opened and maintained year round.  O. Reg. 834/81, s. 8.

Height Limitations

9. The height limitations of this Order do not apply to church spires, water tanks, flag poles, television or radio antennae, power transmission towers, fire lookout towers, ventilators, sky lights, chimneys, grain elevators, barns, silos, windmills or solar collectors.  O. Reg. 834/81, s. 9.

Home Occupations

10. Where a home occupation is a permitted use,

(a) there shall be no outside storage of goods or materials in a front yard or within three metres of any side or rear lot line;

(b) not more than 25 per cent of the total floor area of the dwelling unit shall be used for the home occupation;

(c) no more than one person not a resident of the dwelling unit shall be employed in the home occupation; and

(d) the use shall be subordinate to the principal use of the dwelling unit as a residence.  O. Reg. 733/88, s. 4.

Lots Having Insufficient Frontage or Area

11. Where a lot with less than the minimum frontage or area required by this Order existed prior to the day this Order came into force, this Order does not prohibit uses permitted in the relevant zone designation if all other requirements of this Order are met.  O. Reg. 834/81, s. 11.

Minimum Building Requirements for Human Habitation

12. No building shall be used for human habitation until,

(a) the main walls and roof have been erected;

(b) the roofing has been completed; and

(c) water, sanitary and heating facilities have been installed and are able to be operated.  O. Reg. 733/88, s. 5.

Number of Dwellings Per Lot

13. Unless otherwise provided in this Order, not more than one single dwelling is permitted on a lot in any zone where single dwellings or seasonal dwellings are permitted.  O. Reg. 834/81, s. 13.

Temporary Uses Permitted

14. A tool shed, scaffold or other building or structure incidental to the construction of a building or structure permitted by this Order on the lot where it is situate may be maintained until the construction is completed or has been discontinued for sixty consecutive days.  O. Reg. 834/81, s. 14.

Yard and Setback Encroachment Permitted

15. (1) Notwithstanding the yard and setback provisions of this Order, unenclosed porches, balconies, steps, attached greenhouses and patios may project into any required yard a maximum distance of two metres.  O. Reg. 834/81, s. 15 (1).

(2) Notwithstanding any other provision of this Order, main eaves, sills, cornices, gutters, chimneys and canopies may project into any required yard a maximum distance of one metre.  O. Reg. 834/81, s. 15 (2).

Setbacks on Provincial Highways

16. Notwithstanding any other provision of this Order, a building, structure or use shall not be located closer to a provincial highway than 32 metres from the centre line of the highway.  O. Reg. 834/81, s. 16.

Shoreline Setbacks

17. Notwithstanding any other provision of this Order, no person shall erect any habitable building or structure,

(a) on Lots 1 to 10, inclusive, as shown on a Plan registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as No. M-1148, within 30 metres of the high-water mark of Geneva Lake;

  (aa) on that part of Lot 2 in Concession III in the geographic Township of Hess in the Territorial District of Sudbury designated as Parts 1, 2, 3 and 4 on a Plan deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number 53R-9869, within 46 metres of the high-water mark of Geneva Lake; and

  (ab) Revoked:  O. Reg. 272/10, s. 3.

  (ac) Revoked:  O. Reg. 154/97, s. 3.

(b) on all other lands,

(i) within 15 metres of the top of the bank of any watercourse other than a lake or river, or

(ii) within 20 metres of the high-water mark of any lake or river.  O. Reg. 473/83, s. 1; O. Reg. 577/83, s. 1; O. Reg. 123/85, s. 1; O. Reg. 187/85, s. 1; O. Reg. 154/97, s. 3; O. Reg. 272/10, s. 3.

Parking Requirements

18. (1) No building or structure listed in column 1 of the Table shall be erected unless a minimum number of parking spaces for off-street vehicular parking are provided in accordance with the requirements set out opposite thereto in column 2:

 

Column 1

Column 2

Single dwelling, mobile home or seasonal dwelling

One parking space or one garage or carport for each dwelling unit

Hotel, motel, tavern or tourist home

One parking space for each guest room plus one parking space for each 10 square metres of floor area of the building devoted to public use

Church, restaurant, meeting hall, theatre, private club and other place of assembly

One parking space for every five seats or three metres of bench space and, where there are no fixed seats, one parking space for each 10 square metres of gross floor area

Office or public building

One parking space per 30 square metres of gross floor area

Retail store or service shop

One parking space per 20 square metres of gross floor area

Industrial establishment

One parking space per 100 square metres of gross floor area

Trailer park or campground

One parking space for each tent space or tourist trailer space

O. Reg. 834/81, s. 18 (1).

(2) Every parking space, garage or carport required under subsection (1),

(a) shall be located on the same lot as the use, building or structure it is intended to serve, except in the case of a water access lot where it may be located at a public access point; and

(b) shall have access to a street or a private lane that has access to a street.  O. Reg. 834/81, s. 18 (2).

Pits and Quarries

19. (1) Subject to subsection (2), the making or establishment of pits and quarries is prohibited.  O. Reg. 834/81, s. 19 (1).

(2) Notwithstanding subsection (1),

(a) wayside pits or quarries may be made or established in the Rural Zones;

(b) pits or quarries may be made or established on Crown land;

(c) pits and quarries may be made or established in the General Industrial Zones.  O. Reg. 834/81, s. 19 (2).

(3) Where under subsection (2) a wayside pit or quarry or a pit or quarry may be made or established, buildings or structures accessory to the operation thereof may be erected and used on the lot on which such operation is carried out.  O. Reg. 834/81, s. 19 (3).

(4) No person shall make or establish a pit or quarry within,

(a) 65 metres of any dwelling unit on another lot; and

(b) 50 metres of any street.  O. Reg. 834/81, s. 19 (4).

(5) A wayside pit or quarry excavation shall be located at least 30 metres from a public road allowance and 15 metres from any lot line.  O. Reg. 834/81, s. 19 (5).

(6) Where a wayside pit or quarry is located on a lot that is adjacent to a lot on which a wayside pit or quarry is located, the 15 metre setback required by subsection (5) does not apply to the common lot line.  O. Reg. 834/81, s. 19 (6).

Public Utilities

20. Public Utilities are permitted in every zone.  O. Reg. 834/81, s. 20.

PART Ii

21. This Part applies to the Rural Zones.  O. Reg. 834/81, s. 21.

22. (1) Every use of land and every erection or use of buildings or structures within the Rural Zones is prohibited except,

(a) agricultural uses;

(b) forestry uses;

(c) conservation uses;

(d) private utilities;

(e) cemeteries;

(f) public parks, playgrounds and picnic areas;

(g) single dwellings;

(h) mobile homes;

(i) seasonal dwellings;

(j) group homes;

(k) home occupations;

(1) golf courses;

(m) logging and lumber camps;

(n) waste disposal sites, including landfill sites, packing and baling sites and transfer stations;

(o) horticultural nurseries;

(p) dog breeding and boarding kennels; and

(q) private hunting and fishing camps.  O. Reg. 733/88. s. 6.

(2) A single dwelling accessory to the uses permitted by clauses (1) (a), (b), (o) and (p) is permitted in the Rural Zones.  O. Reg. 733/88. s. 6.

(3) Notwithstanding any other provision of this Part, the use of land and the erection and use of buildings and structures, as set forth in Schedule 1, are permitted on the lands referred to in the said Schedule if the requirements set out therein are met.  O. Reg. 67/82, s. 1.

23. (1) Requirements for uses and buildings and structures, including accessory buildings and structures permitted by clauses 22 (1) (a), (b), (o) and (p) are established as follows:

 

1.

Minimum lot area

 

10 hectares

2.

Minimum lot frontage

150 metres

3.

Minimum distance of any building or structure from any lot line

15 metres

4.

Minimum ground floor area for accessory single dwelling

70 square metres

O. Reg. 733/88, s. 7 (1).

(2) Notwithstanding paragraph 3 of subsection (1), no building or structure permitted by clauses 22 (1) (a), (b), (o) and (p) shall be located within 30 metres of a lot on which the principal use is a residential use.  O. Reg. 733/88, s. 7 (1).

(3) Requirements for uses, buildings and structures permitted by clauses 22 (1) (g), (h) and (j) are established as follows:

 

1.

Minimum lot area

2,000 square metres

2.

Minimum lot frontage

30 metres

3.

Minimum front yard

11 metres

4.

Minimum rear yard

11 metres

5.

Minimum side yards

6 metres

6.

Maximum height of dwelling

9 metres

O. Reg. 834/81, s. 23 (3); O. Reg. 733/88, s. 7 (2).

(4) Requirements for uses, buildings and structures permitted by clause 22 (1) (i) are established as follows:

 

1.

Minimum lot area

2,000 square metres

2.

Minimum lot frontage

30 metres

3.

Maximum lot coverage

30 per cent

4.

Minimum front yard

8 metres

5.

Minimum side yards

3 metres

6.

Minimum rear yard

8 metres

7.

Maximum height of building

9 metres

O. Reg. 733/88, s. 7 (3).

(5) Notwithstanding subsection 5 (2), one guest cabin having a gross floor area not exceeding 25 square metres may be erected and used on the same lot as a seasonal dwelling.  O. Reg. 834/81, s. 23 (5).

(6) Notwithstanding section 8, seasonal dwellings and private hunting and fishing camps may be constructed on lots having only water access if there is a public access point.  O. Reg. 834/81, s. 23 (6).

(7) No waste disposal site shall be located,

(a) within 400 metres of a dwelling unit;

(b) within 185 metres of a street;

(c) on land covered by water or in any area subject to flooding; and

(d) within 30 metres of any watercourse, lake or  pond.  O. Reg. 834/81, s. 23 (7).

(8) Notwithstanding section 13, two single dwellings may be constructed and used on a lot that has a lot area of 10 hectares or more.  O. Reg. 733/88, s. 7 (4).

PART IIi

24. This Part applies to the Hamlet Residential Zones.  O. Reg. 834/81, s. 24.

25. Every use of land and every erection or use of buildings or structures within the Hamlet Residential Zones is prohibited except,

(a) single dwellings;

(b) duplexes;

(c) mobile homes;

(d) home occupations; and

(e) group homes.  O. Reg. 834/81, s. 25.

26. (1) Requirements for principal buildings and structures permitted in the Hamlet Residential Zones are established as follows:

 

 

 

Where municipal water is not provided

Where municipal water is provided

1.

Minimum lot area

1,400 square metres

700 square metres

2.

Minimum lot frontage

30 metres

15 metres

3.

Maximum lot coverage

15 per cent

30 per cent

4.

Minimum front yard

8 metres

8 metres

5.

Minimum side yards

3 metres

3 metres

6.

Minimum rear yard

8 metres

8 metres

7.

Maximum height

9 metres

9 metres

8.

Minimum ground floor area

70 square metres

70 square metres

O. Reg. 834/81, s. 26 (1); O. Reg. 110/82, s. 1.

(2) Notwithstanding any other provision of this Order, no building or structure in a Hamlet Residential Zone shall be located in a side or rear yard within six metres of a street.  O. Reg. 834/81, s. 26 (2).

PART IV

27. This Part applies to the Seasonal Residential Zones.  O. Reg. 834/81, s. 27.

28. (1) Every use of land and every erection or use of buildings or structures within the Seasonal Residential Zones is prohibited except,

(a) seasonal dwellings;

(b) public parks, playgrounds or picnic areas.  O. Reg. 834/81, s. 28 (1).

(2) Notwithstanding subsection 5 (2), one guest cabin having a gross floor area not exceeding 25 square metres may be erected and used on the same lot as a seasonal dwelling.  O. Reg. 834/81, s. 28 (2).

29. Notwithstanding section 8, seasonal dwellings may be constructed on lots having only water access if there is a public access point.  O. Reg. 834/81, s. 29.

30. (1) Requirements for principal buildings and structures permitted in the Seasonal Residential Zones are established as follows:

 

1.

Minimum lot area

1,400 square metres

2.

Minimum lot frontage

30 metres

3.

Maximum lot coverage

30 per cent

4.

Minimum front yard

8 metres

5.

Minimum side yards

3 metres

6.

Minimum rear yard

8 metres

7.

Maximum height of building

9 metres

O. Reg. 834/81, s. 30 (1).

(2) Notwithstanding paragraph 4 of subsection (1), where the front lot line abuts a Crown shoreline reserve, the minimum front yard shall be two metres.  O. Reg. 834/81, s. 30 (2).

(3) The minimum lot frontage for public parks, playgrounds and picnic areas shall be 30 metres.  O. Reg. 834/81, s. 30 (3).

(4) Despite subsection (1), the erection and use of buildings and structures set out in Schedule 4 are permitted on the land referred to in that Schedule if the requirements set out in it are met.  O. Reg. 222/91, s. 1.

PART V

31. This Part applies to the General Commercial Zones.  O. Reg. 834/81, s. 31.

32. (1) Every use of land and every erection or use of buildings or structures within the General Commercial Zones is prohibited except,

(a) retail stores;

(b) service shops;

(c) hotels;

(d) motels;

(e) restaurants;

(f) business and professional offices;

(g) automobile service stations;

(h) building supply outlets;

(i) entertainment and recreation facilities;

(j) vehicle sales and service establishments; and

(k) private utilities.  O. Reg. 834/81, s. 32 (1).

(2) A dwelling unit, as an accessory use, may be located and used in a principal building or structure permitted by subsection (1).  O. Reg. 834/81, s. 32 (2).

(3) Notwithstanding subsection (2), no dwelling unit may be located in a building or structure used as an automobile service station or a vehicle sales and service establishment.  O. Reg. 834/81, s. 32 (3).

(4) Despite subsection (1), the use of land and the erection and use of buildings and structures as set forth in Schedule 3 are permitted on the [and referred to in that Schedule if the requirements set out in it are met.  O. Reg. 617/90, s. 1.

33. (1) Requirements for uses, buildings and structures permitted by clauses 32 (1) (a) to (g) and (i) and (j) are established as follows:

 

1.

Minimum lot area

1,400 square metres

2.

Minimum lot frontage

30 metres

3.

Maximum lot coverage

40 per cent

4.

Minimum front yard

8 metres

5.

Minimum rear yard

9 metres

6.

Minimum side yards

3 metres

7.

Maximum height of building

9 metres

O. Reg. 834/81, s. 33 (1).

(2) Requirements for automobile service stations in the General Commercial Zones are established as follows:

 

1.

Minimum lot area

2,300 square metres

2.

Minimum lot frontage

45 metres

3.

Maximum lot coverage

20 per cent

4.

Minimum front yard

12 metres

5.

Minimum rear yard

9 metres

6.

Minimum side yards

6 metres

7.

Maximum height of building

9 metres

O. Reg. 834/81, s. 33 (2).

(3) The gross floor area of a building or structure containing a retail store, service shop or business and professional office shall not exceed 700 square metres.  O. Reg. 834/81, s. 33 (3).

(4) Notwithstanding any other provision of this Order, no building or structure in a General Commercial Zone shall be located in a side or rear yard within six metres of a street.  O. Reg. 834/81, s. 33 (4).

(5) Notwithstanding paragraph 4 of subsection (2), gasoline pumps may be located in the front yard but not within six metres of the front lot line.  O. Reg. 834/81, s. 33 (5).

(6) Where any lot on which the principal use is a commercial use abuts a lot on which the principal use is a residential use, outside storage is prohibited in those yards on the commercial use lot which abut the residential use lot.  O. Reg. 834/81, s. 33 (6).

(7) Notwithstanding subsections (1) and (4), the parcel of land situate in the geographic Township of Curtin in the Territorial District of Sudbury, being those parts of Lot E, Plan 45-S, and Lot 1, Plan 61-S, in the surrendered portion of the Whitefish River Indian Reserve No. 4, more particularly described as Parts 1, 2 and 3 on a Plan deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number 53R-9597, may be used for the erection and use thereon of a building containing a general store and a dwelling unit, as an accessory use, and buildings and structures accessory to the general store provided the following requirements are met:

 

Minimum side yards

.45 metres

Minimum rear yard

26.1 metres

O. Reg. 585/83, s. 1.

PART VI

34. This Part applies to the Resort Commercial Zones.  O. Reg. 834/81, s. 34.

35. (1) Every use of land and every erection or use of buildings or structures within the Resort Commercial Zones is prohibited except,

(a) private hunting, fishing and summer camps;

(b) lodges;

(c) hotels;

(d) motels;

(e) tourist homes;

(f) housekeeping cabins;

(g) tourist outfitters;

(h) marinas; and

(i) marine recreational vehicle equipment sales, storage and service establishments.  O. Reg. 834/81, s. 35 (1).

(2) Retail stores for the sale of convenience goods and personal services accessory to uses, buildings and structures permitted by subsection (1) are permitted in the Resort Commercial Zones.  O. Reg. 834/81, s. 35 (2).

(3) Restaurant facilities accessory to the uses, buildings and structures permitted by clauses (1) (a) to (e) and (h) are permitted in the Resort Commercial Zones.  O. Reg. 834/81, s. 35 (3).

(4) A dwelling unit, as a use accessory to a use permitted by subsection (1), is permitted in the Resort Commercial Zones and the dwelling unit may be located in the same building or structure as the principal use or in a separate building.  O. Reg. 834/81, s. 35 (4).

(5) Travel trailers, tent trailers, motor homes and truck campers may be used in the Resort Commercial Zones on the same lot as a building or structure permitted by clauses (1) (b), (c), (d) and (f), provided the following requirements are met:

 

1.

Minimum trailer, motor home or camper site area

180 square metres

2.

Minimum distance between each trailer, motor home or camper site

5 metres

3.

Minimum distance of any trailer, motor home or camper site from a lot line

3 metres

4.

Minimum distance of a trailer, motor home or camper site from the right-of-way of a highway

15 metres

5.

Maximum number of trailers, motor homes and truck campers

5

O. Reg. 733/88, s. 8.

(6) Despite subsection (1), the use of land and the erection or use of buildings and structures set out in Schedule 5 are permitted on the land referred to in that Schedule if the requirements set out in it are met.  O. Reg. 498/91, s. l.

36. Requirements for principal buildings and structures permitted in the Resort Commercial Zones are established as follows:

 

1.

Minimum lot area

1,400 square metres

2.

Minimum lot frontage

30 metres

3.

Maximum lot coverage

40 per cent

4.

Minimum front yard

9 metres

O. Reg. 834/81, s. 36.

37. Notwithstanding section 8, private hunting and fishing camps may be constructed on lots having only water access if there is a public access point.  O. Reg. 834/81, s. 37.

38. Where any lot on which the principal use is a resort commercial use abuts a lot on which the principal use is a residential use, outside storage is prohibited in those yards on the resort commercial use lot which abut a residential use lot.  O. Reg. 834/81, s. 38.

PART VII

39. This Part applies to the General Industrial Zones.  O. Reg. 834/81, s. 39.

40. (1) Every use of land and every erection or use of buildings and structures within the General Industrial Zones is prohibited except,

(a) manufacturing;

(b) warehousing;

(c) sawmills;

(d) lumber yards; and

(e) repair and service shops.  O. Reg. 834/81, s. 40 (1).

(2) A dwelling unit, as a use accessory to a use permitted by clauses (1) (a), (b), (c), (d) and (e), is permitted in the General Industrial Zones and the dwelling unit may be located in the same building or structures as the principal use or a separate building.  O. Reg. 834/81, s. 40 (2).

(3) A retail commercial outlet and wholesaling and business offices, as uses accessory to a use permitted by subsection (1), are permitted in the General Industrial Zones.  O. Reg. 834/81, s. 40 (3).

41. (1) Requirements for principal buildings and structures permitted in the General Industrial Zones are established as follows:

 

1.

Minimum lot area

6,500 square metres

2.

Minimum lot frontage

46 metres

3.

Maximum lot coverage

35 per cent

4.

Minimum front yard

18 metres

5.

Minimum rear yard

18 metres

6.

Minimum side yards

9 metres

7.

Maximum height of building

11 metres

O. Reg. 834/81, s. 41 (1).

(2) Notwithstanding any other provision of this Order, no building or structure in a General Industrial Zone shall be located in a rear or side yard within 12 metres of a street.  O. Reg. 834/81, s. 41 (2).

(3) Where any lot on which the principal use is an industrial use abuts a lot on which the principal use is a residential use, outside storage is prohibited in those yards on the industrial use lot which abut the residential use lot.  O. Reg. 834/81, s. 41 (3).

PART VIII

42. This Part applies to the Institutional Zones.  O. Reg. 834/81, s. 42.

43. (1) Every use of land and every erection or use of buildings and structures within the Institutional Zones is prohibited except,

(a) schools;

(b) churches and church halls;

(c) day care centres;

(d) libraries; and

(e) homes for the aged.  O. Reg. 834/81, s. 43 (1).

(2) A dwelling unit, as a use accessory to a use permitted by subsection (1), is permitted in the Institutional Zones and the dwelling unit may be located in the same building or structure as the principal use or in a separate building.  O. Reg. 834/81, s. 43 (2).

(3) Despite subsection (1), the use of land and the erection or use of buildings and structures set out in Schedule 6 are permitted on the land referred to in that Schedule if the requirements set out in it are met.  O. Reg. 419/96, s. 1.

44. Requirements for principal buildings and structures permitted in the Institutional Zones are established as follows:

 

1.

Minimum lot area

1,400 square metres

2.

Minimum lot frontage

30 metres

3.

Maximum lot coverage

40 per cent

4.

Minimum front yard

9 metres

5.

Minimum rear yard

15 metres

6.

Minimum side yards

3 metres

7.

Maximum height of building

9 metres

O. Reg. 834/81, s. 44.

PART IX

45. This Part applies to the Open Space Zones.  O. Reg. 834/81, s. 45.

46. Every use of land and every erection or use of buildings and structures within the Open Space Zones is prohibited except,

(a) parks, playing fields and playgrounds;

(b) public recreation facilities;

(c) golf courses;

(d) conservation uses;

(e) wildlife management uses;

(f) horticultural nurseries; and

(g) areas for the protection and management of,

(i) lands subject to flooding or high-water table, and

(ii) steep slopes subject to erosion.  O. Reg. 834/81, s. 46.

47. (1) Requirements for principal buildings and structures permitted in the Open Space Zones are established as follows:

 

1.

Minimum lot area

1 hectare

2.

Minimum lot frontage

45 metres

3.

Maximum distance of any building or structure from any lot line

15 metres

O. Reg. 834/81, s. 47 (1).

(2) On lots bordering lakes, rivers or water courses, the lot line requirement set out in paragraph 3 of subsection (1) shall be measured from the high-water mark or the top of the bank, whichever is greater.  O. Reg. 834/81, s. 47 (2).

PART X

48. (1) This Part applies to the Mobile Home Park Residential Zones.  O. Reg. 733/88, s. 9.

(2) Where a parcel of land would be in a zone other than a mobile home park zone because it is designated as a rural zone under subsection 4 (1) or as a zone other than a mobile home park zone under subsection 4 (2), the parcel of land shall be deemed to be in a mobile park zone if it is described in Schedule 2.  O. Reg. 257/82, s. 1.

49. (1) Every use of land and every erection or use of buildings or structures within the Mobile Home Park Residential Zones is prohibited except,

(a) mobile homes located within the mobile home parks set forth in Schedule 2 and containing not more than the number of mobile home sites set out in the said Schedule in respect to each mobile home park;

(b) home occupations; and

(c) parks and playgrounds.  O. Reg. 834/81, s. 49 (1); O. Reg. 733/88, s. 10.

(2) Each mobile home in a mobile home park shall be located on a separate site.  O. Reg. 834/81, s. 49 (2).

50. The following requirements apply to mobile home parks:

 

1.

Minimum lot frontage

60 metres

2.

Minimum lot area

2 hectares

3.

Maximum density

15 metres

 

i. where there is either a private water system or sewage system

7 units per hectare

 

  ii. where there are both sewer works and water works

15 units per hectare

O. Reg. 834/81, s. 50.

51. (1) The following requirements apply to sites in a mobile home park:

 

1.

Each site shall front on a street or on a private road that has access to a street.

 

2.

Minimum site frontage

30 metres

3.

Minimum site area

1,400 square metres

4.

Minimum front yard

8 metres

5.

Minimum rear yard

9 metres

6.

Minimum side yards

2 metres

7.

Maximum height of mobile home

9 metres

8.

Minimum ground floor area of mobile home

55 square metres

O. Reg. 834/81, s. 51 (1).

(2) Notwithstanding clause 5 (3) (b) and paragraph 6 of subsection (1), where a side yard abuts a street or private access road, no building or structure shall be located in a side or rear yard within six metres of the street or private access road.  O. Reg. 834/81, s. 51 (2).

(3) Notwithstanding paragraphs 2 and 3 of subsection (1), where a site is supplied with both sewage works and water works, the minimum site frontage is 23 metres and the minimum site area is 700 square metres.  O. Reg. 834/81, s. 51 (3).

(4) For the purposes of this section and Schedule 2,

(a) the definitions of “accessory”, “front lot line”, “front yard”, “lot area”, “lot coverage”, “lot frontage”, “lot line”, “rear lot line”, “rear yard”, “side lot line”, “side yard” and “yard” in section 1 shall be interpreted as if the word “lot” read “site”;

(b) the requirements for accessory buildings and structures set out in section 5 apply with necessary modifications as if the word “lot” read “site”.  O. Reg. 118/82, s. 1.

52. Omitted (revokes other Regulations).  O. Reg. 834/81, s. 52.

PART XI

Miscellaneous

53. (1) Notwithstanding that the land described in subsection (2) is shown, on a map referred to in subsection 4 (2), as being in a General Commercial Zone, the said land shall be deemed to be in a General Industrial Zone to which Part VII applies.  O. Reg. 563/82, s. 1.

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Cartier in the Territorial District of Sudbury, being that part of Lot 26, part of Plan R.C.P.-79-S, more particularly described as Part 1 on Plan 53R-9621 in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).  O. Reg. 563/82, s. 1.

54. (1) Notwithstanding section 13, the land described in subsection (2) may be used for the erection and use thereon of two seasonal dwellings and buildings and structures accessory thereto.  O. Reg. 611/82, s. 1.

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Curtin in the Territorial District of Sudbury, being section 18 on Plan 45-S, Plan of the Surrendered Portion of the Whitefish River Indian Reserve on the North Shore of Lake Huron.  O. Reg. 611/82, s. 1.

55., 56. Revoked:  O. Reg. 154/97, s. 3.

57. (1) Notwithstanding subsection 28 (2), the lands described in paragraphs 1, 2 and 3 of subsection (2) may each be used for the erection and use thereon of two guest cabins.  O. Reg. 701/82, s. 1.

(2) Subsection (1) applies to those parcels of land situate in the geographic Township of Cascaden in the Territorial District of Sudbury, being shown on a Plan registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number M-1145 as:

1. Lot 4.

2. Lot 7.

3. Lot 9.  O. Reg. 701/82, s. 1.

58. (1) Part IV does not apply to the lands described in subsection (3).  O. Reg. 701/82, s. 1.

(2) The lands described in subsection (3) may be used for the erection and use thereon of two seasonal dwellings and buildings and structures accessory thereto, provided the following requirements are met:

 

1.

Maximum lot coverage

30 per cent

2.

Minimum distance of each seasonal dwelling from the high-water mark of any lake or river

20 metres

3.

Minimum distance of each seasonal dwelling from the side lot lines

3 metres

4.

Minimum distance of each seasonal dwelling from the rear lot line

8 metres

5.

Maximum height of each seasonal dwelling

9 metres

O. Reg. 701/82, s. 1.

(3) Subsection (1) applies to that parcel of land situate in the geographic Township of Cascaden in the Territorial District of Sudbury, being Lot 1 on a Plan registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number M-1144.  O. Reg. 701/82, s. 1.

59. (1) Notwithstanding subsection 22 (1) and section 25, the land described in subsection (2) may be used for the erection and use thereon of a fire hall and buildings and structures accessory thereto, provided that no building or structure shall be located within 10 metres of any lot line.  O. Reg. 293/83, s. 1.

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Cartier in the Territorial District of Sudbury, being Lots 7, 8, 9 and that part of Lot 10 in Canadian Pacific Railway Block 13 more particularly described as follows:

Beginning at the intersection of the northerly limit of Cedar Street and the easterly limit of Lansdowne Street;

Thence northerly along the easterly limit of Lansdowne Street 60.96 metres to a point;

Thence easterly and parallel to the northerly limit of Cedar Street 36.576 metres to a point;

Thence southerly and parallel to the easterly limit of Lansdowne Street 60.96 metres to the northerly limit of Cedar Street;

Thence westerly along that northerly limit 36.576 metres to the place of beginning.  O. Reg. 293/83, s. 1.

60., 60.1 Revoked:  O. Reg. 154/97, s. 3.

60.2 (1) Notwithstanding paragraph 1 of subsection 33 (1), the requirement of the minimum lot area for the land described in subsection (2) is 922 square metres.  O. Reg. 665/87, s. 1.

(2) Subsection (1) applies to that parcel of land in the geographic Township of Curtin in the Territorial District of Sudbury, being that part of Lot 3, on a Plan registered in the Land Registry Office for the Registry Division of Sudbury (No. 53) as number 45-S, described as Part 1 on a Plan deposited in the said Land Registry Office as Number 53R-11293.  O. Reg. 665/87, s. 1.

 

60.3, 60.4 Revoked:  O. Reg. 154/97, s. 3.

60.5. Revoked:  O. Reg. 134/13, s. 3.

60.6, 60.7 Revoked:  O. Reg. 154/97, s. 3.

PART XII

61. This Part applies to the Hazard Land Zones.  O. Reg. 677/86, s. 2.

62. (1) Every use of land and every erection or use of buildings or structures within the Hazard Land Zones is prohibited except,

(a) agricultural uses excluding farm dwellings;

(b) horticultural nurseries;

(c) golf courses, excluding club houses;

(d) docks, marine gasoline pumps and boat storage;

(e) parkland, playing fields and playgrounds;

(f) works for the protection and management of,

(i) lands subject to flooding or high water table, and

(ii) steep slopes subject to erosion; and

(g) uses existing on the day this section comes into force.  O. Reg. 677/86, s. 2.

(2) No guest cabins are permitted in Hazard Land Zones.  O. Reg. 677/86, s. 2.

(3) Notwithstanding section 20, no public utilities shall be permitted in the Hazard Land Zones except for,

(a) water works or water supply systems;

(b) electrical power or energy transmission or distribution systems;

(c) street lighting systems;

(d) natural or artificial gas works or supply systems; and

(e) telephone systems.  O. Reg. 677/86, s. 2.

(4) Buildings or structures permitted under subsection (1) shall have a minimum setback of 20 metres from the higher of either the high-water mark or the top of the bank of any watercourse, lake or pond.  O. Reg. 677/86, s. 2.

63.-66. Revoked:  O. Reg. 154/97, s. 3.

SCHEDULE 1
RURAL ZONES — EXEMPTIONS (SUBSECTION 22 (3) )

1. (1) The lands described in subsection (2) may be used for the erection and use thereon of a building to be used as a church if one off-street parking space is provided for each five seats or three metres of bench space in the church.

(2) Subsection (1) applies to that parcel of land on Lot 5 of a Plan registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number M-451.

2. (1) The lands described in subsection (2) may be used for the erection and use thereon of a building to be used as a firehall.

(2) Subsection (1) applies to that parcel of land on Lot 33 of a Plan registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number M-317.

3. (1) The lands described in each paragraph of subsection (2) may each be used as a pit or quarry provided that no person shall make or establish a pit or quarry within 65 metres of any residential use on another lot, and within 50 metres of any street.

(2) Subsection (1) applies to the following lands:

1.-4. Revoked:  O. Reg. 154/97, s. 4.

5. That parcel of land situate in the geographic Township of Harty more particularly described as follows:

Beginning where a claim post has been planted at the northwesterly corner of Claim No. S71762 being parcel 18407, Sudbury West Section, according to the records of the Land Registry Office for the Land Titles Division of Sudbury (No. 53);

Thence westerly and following along the limit between the geographic townships of Levack and Harty 2,640 feet to a point;

Thence north 858 feet to a point;

Thence west 1,320 feet to a point;

Thence north 1,320 feet to a point;

Thence east 1,320 feet to a point;

Thence north 1,782 feet to a point;

Thence east 3,960 feet to a point;

Thence south 3,960 feet to the limit between the geographic townships of Harty and Levack;

Thence westerly and following along the boundary between the geographic townships of Harty and Levack 1,320 feet to the place of beginning.

6. Those parcels of land being composed of the following:

i. The parcel of land situate in the geographic Township of Cartier described as follows:

Beginning at a point in the northerly limit of the said geographic Township of Cartier 1,550 metres measured westerly therealong from the northeast corner of the said geographic Township;

Thence westerly continuing along the northerly limit of the said geographic Township a distance of 450 metres to a point;

Thence southerly and parallel to the easterly limit of the said geographic Township a distance of 400 metres to a point;

Thence westerly and parallel to the northerly limit of the said geographic Township a distance of 850 metres to a point;

Thence southerly and parallel to the easterly limit of the said geographic Township a distance of 450 metres to a point;

Thence westerly and parallel to the northerly limit of the said geographic Township a distance of 800 metres to a point;

Thence southerly and parallel to the easterly limit of the said geographic Township a distance of 400 metres to a point;

Thence westerly and parallel to the northerly limit of the said geographic Township a distance of 350 metres to a point;

Thence southerly and parallel to the easterly limit of the said geographic Township a distance of 450 metres to a point;

Thence easterly and parallel to the northerly limit of the said geographic Township a distance of 750 metres to a point;

Thence southerly and parallel to the easterly limit of the said geographic Township a distance of 350 metres to a point;

Thence easterly and parallel to the northerly limit of the said geographic Township a distance of 800 metres to a point;

Thence southerly and parallel to the easterly limit of the said geographic Township a distance of 350 metres to a point;

Thence easterly and parallel to the northerly limit of the said geographic Township a distance of 2,450 metres, more or less, to the easterly limit of the said geographic Township;

Thence northerly along the easterly limit of the said geographic Township to a point, a distance of 1,200 metres measured southerly therealong from the northeast corner of the said geographic Township;

Thence westerly and parallel to the northerly limit of the said geographic Township a distance of 750 metres to a point;

Thence northerly and parallel to the easterly limit of the said geographic Township a distance of 400 metres to a point;

Thence westerly and parallel to the northerly limit of the said geographic Township a distance of 400 metres to a point;

Thence northerly and parallel to the easterly limit of the said geographic Township a distance of 450 metres to a point;

Thence westerly and parallel to the northerly limit of the said geographic Township a distance of 400 metres to a point;

Thence northerly and parallel to the easterly limit of the said geographic Township a distance of 400 metres, more or less, to the place of beginning;

ii. The parcel of land situate in the geographic Township of Harty described as follows:

Beginning at the southeast corner of the Quarry Permit area of Torbury Harty Limited in the southerly limit of the said geographic Township of Harty distant 402 metres, more or less, measured easterly thereon from a wooden stake;

Thence northerly along the easterly limit of the said Quarry Permit area a distance of 1,207 metres, more or less, to the northeast corner of the said application area;

Thence easterly and parallel to the southerly limit of the said geographic Township a distance of 975 metres to a point;

Thence southerly and parallel to the easterly limit of the said Quarry Permit area a distance of 1,207 metres, more or less, to the southerly limit of the said geographic Township;

Thence westerly along the said southerly limit a distance of 975 metres, more or less, to the place of beginning;

iii. The parcel of land situate in the geographic townships of Cartier, Hess and Harty described as follows:

Beginning at a point in the northerly limit of the geographic Township of Cartier distant 450 metres measured westerly therealong from the northeast corner of the said Geographic Township of Cartier;

Thence westerly continuing along the northerly limit of the said geographic Township a distance of 400  metres to a point;

Thence northerly and parallel to the easterly limit of the geographic Township of Hess a distance of 800 metres to a point;

Thence easterly and parallel to the northerly limit of the geographic Township of Cartier a distance of 400 metres to a point;

Thence northerly and parallel to the easterly limit of the geographic Township of Hess a distance of 400 metres to a point;

Thence easterly and parallel to the northerly limit of the geographic Township of Cartier a distance of  450 metres, more or less, to the Township boundary between the  geographic townships of Hess and Harty;

Thence easterly continuing parallel to the southerly limit of the geographic Township of Harty a distance of 400 metres to a point;

Thence southerly and parallel to the westerly limit of the geographic Township of Harty a distance of 800 metres to a point;

Thence easterly and parallel to the southerly limit of the geographic Township of Harty a distance of 800 metres to a point;

Thence southerly and parallel to the westerly limit of the geographic Township of Harty a distance of 400 metres, more or less, to the southerly limit of the geographic Township of Harty;

Thence westerly along the southerly limit of the geographic Township of Harty a distance of 1,200 metres, more or less, to the southwest corner of the said geographic Township of Harty;

Thence southerly along the easterly limit of the geographic Township of Cartier a distance of 400 metres to a point;

Thence westerly and parallel to the northerly limit of the geographic Township of Cartier a distance of 450 metres to a point;

Thence northerly and parallel to the easterly limit of the geographic Township of Cartier a distance of 400 metres, more or less, to the place of beginning.

7., 8. Revoked:  O. Reg. 154/97, s. 4.

4. (1) Despite sections 4 and 22 of the Order, every use of land and every erection, location or use of buildings or structures on the land is prohibited except one seasonal dwelling per lot together with accessory buildings and structures on the land described in subsection (3) if the following requirements are met:

 

Minimum lot area

2,000 square metres

Minimum lot frontage

30 metres

Maximum lot coverage

30 per cent

Minimum front yard

20 metres

Minimum side yards

3 metres

Minimum rear yard

8 metres

Maximum height of building

9 metres

(2) Despite sections 4, 5 and 22 of the Order, every use of land and every erection, location or use of buildings or structures is prohibited on the land described in subsection (4).

(3) Subsection (1) applies to the land in the geographic Township of Hess in the District of Sudbury, being Lots 1 to 8, inclusive, on Registered Plan 53M-1298 and the remainder of Parcel 8333 Sudbury West Section, registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

(4) Subsection (2) applies to the land in the geographic Township of Hess in the District of Sudbury, being Blocks 9 and 10 on Registered Plan 53M-1298, registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

5. (1) The lands described in subsection (2) may be used for the erection and use thereon of a building to be used as an establishment for the sale and servicing of snowmobiles.

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Bigwood on Lot 3, Concession VI, save and except for those parts of. the parcel designated as parts 1 and 2 on a Plan deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number 53R-11349.

6.-9. Revoked:  O. Reg. 154/97, s. 4.

10. (1) The lands described in subsection (2) may be used for the erection and use thereon of a building to be used for telephone communication purposes but the total floor area shall not exceed 13,705 square feet.

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Cartier located on Part 1 of Reference Plan Number 53R-5102, being part of Lot 2 in Concession VI.

11. Revoked:  O. Reg. 154/97, s. 4.

12. (1) The lands described in subsection (2) may be used for the erection and use thereon of a boat launching ramp but no part of the boat launching ramp shall be less than 55 feet from the northeasterly angle of the land shown on a Plan registered in the Land Registry Office for the Land Titles Division of Sudbury as Number SR-1886.

(2) Subsection (1) applies to that parcel of land situate in the Territorial District of Sudbury more particularly described as follows:

Beginning at the northeasterly angle of the land shown on a Plan deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number SR-1886;

Thence northeasterly along the shore of the Bay of French River 380 feet to a point on the northerly limit of the land shown on a Plan deposited in the said Land Registry Office as Number 53R-4354;

Thence northeasterly along the said northerly limit 140 feet to the southeasterly limit of Victor Road;

Thence northwesterly along the said southeasterly limit 420 feet to the southeasterly limit of Quarry Road;

Thence southwesterly along the said southeasterly limit 549 feet to the northerly angle of the land shown on the said Plan SR-1886;

Thence southeasterly along the northerly limit of the said land 105 feet to the place of beginning.

13. (1) The lands described in subsection (2) may be used for the erection and use thereon of a building to be used as a community centre and structures accessory thereto including a community hall, athletic field, indoor swimming pool, outdoor swimming pool, skating arena and outdoor skating rink.

(2) Subsection (1) applies to those parcels of land situate in the geographic Township of Cartier located on parts 1 and 2 of a Plan registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number 53R-5259.

14. (1) The lands described in subsection (2) may be used for the erection and use thereon of a building to be used as a guest cabin provided the following requirements are met:

1. The minimum setback of the guest cabin from the water’s edge shall be 20 metres.

2. The minimum total floor area of the guest cabin shall be 24 square metres.

3. The maximum percentage of lot to be occupied by the guest cabin shall be 15 per cent.

4. The maximum height of the guest cabin shall be one and one-half storeys.

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Foster located in Parcel 14757 Sudbury East Section, being an island in Wabagishik Lake opposite Lot 4 in Concession VI.

15. Revoked:  O. Reg. 154/97, s. 4.

16. (1) The lands described in subsection (2) may be used for the erection and use thereon of a building to be used as a garage for the storage of trucks provided the following requirements are met:

1. The minimum front yard shall be 10 metres.

2. The minimum side yards shall be 2 metres.

3. The minimum rear yard shall be 5 metres.

4. The maximum lot coverage shall be 22 per cent.

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Cartier located in Lot 3 in Block 4 on a Plan registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number M-533.

17. (1) The lands described in subsection (2) may be used for the erection and use thereon of a building to be used as a tourist resort consisting of a main lodge and four sleeping cabins and structures accessory thereto.

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Truman located in Birch Island Parcel 6867, S.W.S., Lake Penage Island 3154 T-P.

18. Revoked:  O. Reg. 154/97, s. 4.

19. Revoked:  O. Reg. 455/11, s. 1 (1).

20. (1) The land described in subsection (3) may be used for the erection and use thereon of a seasonal dwelling as if it were a lot to which clause 22 (1) (h) of the Order applied.

(2) Notwithstanding clause 17 (b) of the Order, the seasonal dwelling permitted by subsection (1) shall not be located within 30 metres of the high-water mark of Kukagami Lake.

(3) Subsection (1) applies to that parcel of land situate in the geographic Township of Kelly in the Territorial District of Sudbury, being Summer Resort Location J.D.D. 601 on Island No. 144 in Kukagami Lake more particularly described as Parcel 29866 A in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

21. Revoked:  O. Reg. 154/97, s. 4.

22. Revoked:  O. Reg. 644/93, s. 1 (2).

23.-27. Revoked:  O. Reg. 154/97, s. 4.

28. (1) The land described in subsection (2) may be used for the erection and use thereon of a building without cooking facilities and used only for the purposes of sleeping accommodations and the requirements set out in subsection 23 (4) of the Order apply to the said building.

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Kelly in the Territorial District of Sudbury, being Lot 4 on a Plan filed in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number M-684.

29. Revoked:  O. Reg. 154/97, s. 4.

30. Revoked:  O. Reg. 610/94, s. 1 (1).

31.-41. Revoked:  O. Reg. 154/97, s. 4.

42. (1) Notwithstanding subsection 22 (1) and sections 8 and 13, the land described in subsection (2) may be used for the location thereon of a mobile home and for its use as a second single dwelling.

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Cartier in the Territorial District of Sudbury, being that part of Lot 1 in Concession 1 described as Parcel 12797, S.W.S., in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

43.-46. Revoked:  O. Reg. 154/97, s. 4.

47. Revoked:  O. Reg. 272/10, s. 4.

48.-65. Revoked:  O. Reg. 154/97, s. 4.

66. (1) One seasonal dwelling may be erected on the land described in subsection (2).

(2) This section applies to that part of Parcel 10745 S.W.S. in the geographic Township of Eden in the Territorial District of Sudbury as described in Instrument No. 411806 registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

67. (1) One single-family dwelling may be erected on the land described in subsection (2).

(2) Subsection (1) applies to that parcel of land in the geographic Township of Eden in the Territorial District of Sudbury being Parcel 10745, S.W.S., in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

68.-72. Revoked:  O. Reg. 154/97, s. 4.

73. Revoked:  O. Reg. 349/88, s. 1.

74. (1) Despite subsection 22 (1) of the Order, the land described in subsection (2) may be used for a motel, a general store, a restaurant and accessory buildings and structures if the requirements set out in subsections 33 (1), (3), (4) and (6) of the Order are met.

(2) Subsection (1) applies to that parcel of land in the geographic Township of Cartier in the Territorial District of Sudbury being part of Lot 28 on Registrar’s Compiled Plan 79-S, Canadian Pacific Railway Block, registered in the Land Registry Office for the Registry Division of Sudbury (No. 53), designated as Part 1 on Reference Plan 53R-10814 deposited in that Office.

75., 76. Revoked:  O. Reg. 154/97, s. 4.

77. A single dwelling and accessory buildings and structures may be erected and used on that parcel of land in the geographic Township of Eden in the Territorial District of Sudbury, being that part of Lot 36, Plan M-294, shown as Parcel 15852, Sudbury East Section, in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

78.-90. Revoked:  O. Reg. 154/97, s. 4.

91. (1) Notwithstanding subsection 22 (1) of the Order, a small engine sales and service shop may be erected and used on the land described in subsection (2) if the following requirements are met:

 

Minimum lot area

1,400 square metres

Minimum lot frontage

30 metres

Maximum lot coverage

40 per cent

Minimum front yard

8 metres

Minimum rear yard

9 metres

Minimum side yards

3 metres

Maximum height of building

9 metres

There shall be no outdoor storage of goods and materials related to this operation.

 

(2) Subsection (1) applies to that parcel of land in the geographic Township of Curtin in the Territorial District of Sudbury, being part of Lot 3 according to registered Plan 45-S now designated as Part 3 on Plan 53R-9222 deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 33).

92. (l) Despite section 8 of the Order, one seasonal dwelling together with buildings and structures accessory thereto may be erected and used on the land described in subsection (2).

(2) Subsection (1) applies to that parcel of land in the geographic Township of Curtin in the Territorial District of Sudbury, being part of Lot 38 according to registered Plan 45-S now designated as Parts 3, 5, 6, 7, 8, 9, 10, 11, 16, 24 and 25 on Plan 53R-11459 deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

93.-95. Revoked:  O. Reg. 154/97, s. 4.

96. Revoked:  O. Reg. 397/12, s. 3.

97. Revoked:  O. Reg. 154/97, s. 4.

98. Revoked:  O. Reg. 610/94, s. 1 (1).

99.-103. Revoked:  O. Reg. 154/97, s. 4.

104. Revoked:  O. Reg. 141/93, s 1.

105. Revoked:  O. Reg. 200/92, s 1 (1).

106.-113. Revoked:  O. Reg. 154/97, s. 4.

114.-116. Revoked:  O. Reg. 397/12, s. 4.

117. Revoked:  O. Reg. 134/13, s. 2 (1).

118. (1) A trapper’s museum, restaurant and retail store, together with buildings and structures accessory to them may be erected, located and used on the land described in subsection (2) if the following requirements are met:

 

Minimum front yard

8 metres

Minimum rear yard

8 metres

Minimum side yard

3 metres

Maximum height

9 metres

(2) Subsection (1) applies to the parcel of land in the Township of Cascaden in the Territorial District of Sudbury designated as Part 1 on Reference Plan 53R-10774 in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

119.-125. Revoked:  O. Reg. 154/97, s. 4.

126. Revoked:  O. Reg. 397/12, s. 5.

127., 128. Revoked:  O. Reg. 154/97, s. 4.

129. (1) Despite section 22 of the Order, no person shall erect or locate a habitable building or structure on the lands described in subsection (4).

(2) Despite sections 8 and 18 of the Order, a parking garage or storage or tool shed may be erected or located, and used on the land described in subsection (4), but any such building or structure shall have a minimum distance from any lot line of 11 metres.

(3) Despite section 5 of the Order, a building or structure permitted by subsection (2) shall be accessory to the principal dwelling located on the land described in subsection (5).

(4) Subsections (1) and (2) apply to that parcel of land in the Township of Curtin in the Territorial District of Sudbury designated as part of Lot 38, Plan 45S Surrendered Portion of Whitefish River Indian Reserve No. 4, being Part 1 on Plan 53R-13718 deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

(5) Subsection (3) applies to that parcel of land in the Township of Curtin in the Territorial District of Sudbury, being more particularly described as follows:

Premising that the westerly limit of said Lot 38 has an astronomic bearing of north 0° 30' east as shown on a plan of Survey by O.L.S. Dobie, dated the 8th of December, 1938, and relating all bearings herein thereto.

Commencing at a point in the interior of said Lot 38 distant 3,043.21 feet measured south 80° 15' 45" east from a point in the westerly limit of said Lot, said Point being the northwest angle of Lot 27;

Thence south 5° 10' 30" east, 200.11 feet;

Thence south 80° 00' 30" east, 216 feet, more or less, to the high-water mark of Lang Lake;

Thence in a general northeasterly direction along said high-water mark to its intersection with a line drawn south 74° 01' east from the point of commencement;

Thence north 74° 1' west, 223 feet, more or less, to the point of commencement.

130., 131. Revoked:  O. Reg. 154/97, s. 4.

132. (1) Despite section 8 and subsection 22 (1) of this Regulation, a commercial hunting and fishing camp may be erected, located and used on the land described in subsection (3) if the total floor area of all structures does not exceed 300 square metres.

(2) A retail use is not permitted on the land described in subsection (3).

(3) Subsections (1) and (2) apply to that parcel of land in the geographic Township of Hess in the Territorial District of Sudbury, being part of Lot 5, Concession VI, described as Parcel 7713, Sudbury West Section.

133.-144. Revoked:  O. Reg. 154/97, s. 4.

145. (1) Despite section 8, a seasonal dwelling together with accessory structures existing on the date this section comes into force is permitted on the lands described in subsection (2).

(2) Subsection (1) applies to the lands in the geographic Township of Eden, in the Territorial District of Sudbury, being Parcel 15979 Sudbury West Section, part of Summer Resort Location AE-586, designated as Part 3 on Plan 53R-9989, deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

146. (1) Despite section 8, a seasonal dwelling together with accessory structures existing on the date this section comes into force is permitted on the lands described in subsection (3).

(2) Despite paragraph 1 of subsection 23 (4), the minimum lot area shall be 1,400 square metres for the land described in subsection (3).

(3) Subsections (1) and (2) apply to the lands in the geographic Township of Eden, in the Territorial District of Sudbury, being Parcel 27902 Sudbury West Section, part of Summer Resort Location AE-586, designated as Part 2 on Plan 53R-9989, deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

147.-150. Revoked:  O. Reg. 154/97, s. 4.

151. (1) Despite subsection 4 (2) of the Order, the land described in subsection (4) shall be deemed to be land in a Resort Commercial Zone.

(2) Despite section 8 and subsection 35 (1), the following buildings, structures and accessory uses are permitted on the lands described in subsection (4):

1. One lodge.

2. One conference centre.

3. Five housekeeping cabins.

4. One guest cabin to include an office.

5. One laundry building.

6. One sauna.

7. One gazebo.

8. One workshop.

9. Twelve seasonal dwellings.

10. One boathouse.

(3) Despite clause 17 (b), no person shall erect any habitable building or structure closer than 30 metres from the high- water mark of the lake.

(4) Subsections (1), (2) and (3) apply to those lands in the geographic Township of Curtin in the District of Sudbury, being part of Lot 30 on Plan 45S, designated as parts 1 and 2 on Plan 53R-9550, deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

152. (1) Despite subsection 4 (1), the land described in subsection (3) shall be deemed to be land in a Resort Commercial Zone.

(2) Despite section 8 and subsection 35 (1), the following buildings and structures are permitted on the land described in subsection (3):

1. Eight summer camps.

2. One recreational hall.

3. One sauna.

4. One generator room.

5. Two wood sheds.

6. One eight-unit row garage.

(3) Subsections (1) and (2) apply to those lands in the geographic Township of Ulster in the District of Sudbury, being Parcel 23659 Sudbury West Section, designated as Part 1 on Plan 53R-3855 and Part 1 on Plan 53R-15441, deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53), and Summer Resort Location AE-89, being Parcel 9673 Sudbury West Section.

153.-159. Revoked:  O. Reg. 154/97, s. 4.

160. Revoked:  O. Reg. 397/12, s. 6.

161. Revoked:  O. Reg. 154/97, s. 4.

162. (1) Despite section 8 of the Order, one seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (2).

(2) Subsection (1) applies to those lands in the geographic Township of Eden in the Territorial District of Sudbury described as part of Summer Resort Locations JDD365 and CL5489, being part of Parcel 17662 Sudbury West Section designated as Part 1 on Reference Plan 53R-12402.

163. (1) Despite section 8 and subsection 23 (3) of the Order, a single dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (2) if the following requirements are met:

 

Minimum lot area

2,000 square metres

Minimum lot frontage

30 metres

Minimum front yard

11 metres

Minimum rear yard

11 metres

Minimum side yards

4.57 metres

Maximum height of dwelling

9 metres

(2) Subsection (1) applies to the lands in the geographic Township of Eden in the Territorial District of Sudbury described as part of Summer Resort Location BD18, being Parcel 20902 Sudbury West Section designated as Part 1 on Reference Plan SR 2322 and identified as Property Identifier Number 73398-0205 (LT).

(3) Nothing in this section authorizes a person to erect any habitable building or structure within 20 metres of the high-water mark of a lake or river.

164. (1) Despite subsections 22 (1) and 23 (3) of the Order, one single dwelling and one building with not more than 24 bays for the storage of boats, snowmobiles and trailers, together with accessory buildings and structures, may be erected and used on the land described in subsection (2) if the following requirements are met:

 

1.

Minimum lot area

6,500 square metres

2.

Minimum lot frontage

46 metres

3.

Maximum lot coverage

35 per cent

4.

Minimum front yard

18 metres

5.

Minimum rear yard

18 metres

6.

Minimum side yards

9 metres

7.

Maximum height of building

11 metres

(2) Subsection (1) applies to those lands in the Geographic Township of Cascaden in the Territorial District of Sudbury known as Parcel 28599 Sudbury West Section, being that part of Lot 1 in Concession VI designated as Part 1 on Plan 53R–11132.

165. (1) Despite section 8 of the Order, a seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (2).

(2) Subsection (1) applies to those lands in the geographic Township of Emo in the Territorial District of Sudbury described as Parcel 27198 Sudbury West Section, being Summer Resort Lot 4 on Plan M-943 registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

166.  (1)  Despite section 8 of the Order, a seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (3).

(2)  Despite subsection 23 (5) of the Order, one additional guest cabin having a gross floor area not exceeding 38 square metres may be erected and used on the lands described in subsection (3).

(3)  Subsections (1) and (2) apply to those lands in the geographic Township of Ulster in the Territorial District of Sudbury described as Parcel 19835 Sudbury West Section, designated as Block A on Plan M-700, registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

167. (1) Despite section 8 of the Order, a seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (2).

(2) Subsection (1) applies to those lands in the geographic Township of Foster in the Territorial District of Sudbury being that part of Lot 12 in Concession VI more particularly described as Parcel 28276 S.W.S. and designated as Part 3 on Reference Plan 53R-12861 deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

168. (1) Despite subsection 23 (5) of the Order, one guest cabin having a gross floor area not exceeding 49 square metres may be erected, located and used on the same lot as a seasonal dwelling on the lands described in subsection (2).

(2) Subsection (1) applies to those lands in the geographic Township of Caen in the Territorial District of Sudbury more particularly described as part of Parcel 16552 Sudbury West Section, designated as Parts 1 and 2 on Plan 53R-14262 deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

169. (1) Despite section 16 of the Order, a building, structure or use shall not be located closer than 23 metres from the centre line of the provincial Highway 68 on the lands described in subsection (3).

(2) Despite clause 17 (b) of the Order, no person shall erect any habitable building or structure on the lands described in subsection (3) within 10 metres of the high-water mark of any lake or river.

(3) Subsections (1) and (2) apply to those lands in the geographic Township of Curtin in the Territorial District of Sudbury, being part of Lot 3 and part of Lot G in Lot 3 on Registered Plan 45-S surrendered portion of the Whitefish River Indian Reserve No. 4, designated as Parts 1 and 3 on Plan 53R-8315 deposited in the Land Registry Office for the Land Registry Division of Sudbury (No. 53).

170. (1) Despite paragraph 2 of subsection 23 (4) of the Order, one seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (3) if the minimum lot frontage is 23 metres.

(2) Despite clause 17 (b) of the Order, no person shall erect any habitable building or structure on the lands described in subsection (3) within 21 metres of the high-water mark of any lake or river.

(3) Subsections (1) and (2) apply to those lands in the geographic Township of Curtin in the Territorial District of Sudbury known as part of Parcel 8574 Sudbury West Section, Location T. P. 3832, designated as Part 1 on Plan 53R-8680 deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

171. (1) Despite subsection 4 (2) of the Order, the land described in subsection (4) shall be deemed to be land in a Hamlet Residential Zone.

(2) Despite subsection 26 (1) of the Order, a principal building or structure may be erected, located and used on the lands described in subsection (4), if the following requirements are met:

 

1.

Minimum lot area

900 square metres

2.

Minimum lot frontage

27 metres

3.

Maximum lot coverage

15 per cent

4.

Minimum front yard

8 metres

5.

Minimum side yards

3 metres

6.

Minimum rear yard

8 metres

7.

Maximum height

9 metres

8.

Minimum ground floor area

70 square metres

(3) Despite subsection 26 (2) of the Order, no building or structure shall be located within a side or rear yard within 3 metres of Miles Avenue as shown on Registered Plan 15-S registered in the Land Registry Office for the Registry Office of Sudbury (No. 53).

(4) Subsections (1), (2) and (3) apply to those lands in the Township of Cartier in the Territorial District of Sudbury, more particularly described as certain parcel or tract of land and premises situate lying and being in the Canadian Pacific Railway Block, in the Village of Cartier, in the Township of Cartier, District of Sudbury, and being more particularly described as follows:

Premising that the southeast limit of Centre Street as shown on a plan of subdivision of part of the Canadian Pacific Railway Block registered in the Registry Office at Sudbury as Plan 15-S, has an astronomic bearing of N.60°59'E, as shown on the Department of Highways Plan P-7121-1 of record in the Registry Office at Sudbury, and relating all bearings herein thereto;

Commencing at the point of intersection of the southwesterly production of the southeastern limit of Centre Street with the southwestern limit of Miles Avenue, as shown on said Registered Plan 15-S;

Thence S.29°01'E along the southwestern limit of Miles Avenue 100.0 feet to the most northerly corner of the lands described in Instrument Number 339, of record in the Registry Office at Sudbury;

Thence S.60°59'W along the northwestern limit of the lands described in the said Instrument Number 339, 106.06 feet;

Thence N.27°18'30"W, 50.04 feet;

Thence N.16°50'E, 71.76 feet;

Thence N.60°59'E, 53.07 feet to the point of commencement.

And save and except the surface rights only of part 1 on Plan 53R-4297 deposited in the Land Registry Office for the Land Registry Division of Sudbury (No. 53).

172. (1) Despite clause 17 (b) of the Order, no person shall erect any habitable building or structure on the lands described in subsection (3) within 11 metres of the high-water mark of any lake or river.

(2) Despite paragraph 5 of subsection 23 (4) of the Order, the minimum side yard requirement for the land described in subsection (3) is 2 metres.

(3) Subsections (1) and (2) apply to those lands in the geographic Township of Eden in the Territorial District of Sudbury, being part of Summer Resort Location AE 93 described as Parcel 13636 S.W.S.

173. (1)  Despite section 8 of the Order, a seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (4).

(2) Despite paragraph 4 of subsection 23 (4) of the Order, the minimum front yard requirement for the lands described in subsection (4) is 1 metre.

(3)  Despite clause 17 (b) of the Order, the guest cabin and the seasonal residential dwelling both existing on the date this section comes into force on the lands described in subsection (4) are permitted within 20 metres of the high-water mark of any lake or river.

(4)  Subsections (1), (2) and (3) apply to those lands in the geographic Township of Eden in the Territorial District of Sudbury, being Parcel 14782 S.W.S. Summer Resort Location 1M-4, and Parcel 29953 S.W.S. Location CL 7993 being Part 1 on Reference Plan 53R-14089.

174. (1) Despite section 8 of the Order, a seasonal dwelling, together with accessory buildings and structures, may be erected, located and used on the lands described in subsection (2).

(2) Subsection (1) applies to those lands in the geographic Township of Truman in the Territorial District of Sudbury, described as part of Summer Resort Location A.E. 179, designated as Part 3 on Plan 53R-10717, deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

175. (1) Despite subclause 17 (b) (ii) of the Order, no person shall erect any habitable building or structure within 14.3 metres of the high-water mark of any lake or river on the lands described in subsection (3).

(2) Despite subsection 23 (5) of the Order, one guest cabin having a gross floor area not exceeding 42 square metres may be erected and used on the same lot as a seasonal dwelling on the lands described in subsection (3).

(3) Subsections (1) and (2) apply to those lands in the geographic Township of Truman in the Territorial District of Sudbury, being described as part of Parcel 17818 S.W.S. Island T.P. 3195, designated as part 1 on Reference Plan 53R-16745 deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

(4) Despite subclause 17 (b) (ii) of the Order, no person shall erect any habitable building or structure within 18.3 metres of the high-water mark of any lake or river on the lands described in subsections (6) and (7).

(5) Despite subsection 23 (5) of the Order, one guest cabin having a gross floor area not exceeding 53.5 square metres may be erected and used on the same lot as a seasonal dwelling on the lands described in subsection (6).

(6) Subsections (4) and (5) apply to those lands in the geographic Township of Truman in the Territorial District of Sudbury, being described as part of Parcel 17818 S.W.S. Island T.P. 3195, designated as part 2 on Reference Plan 53R-16745 deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

(7) Subsection (4) applies to those lands in the geographic Township of Truman in the Territorial District of Sudbury, being described as part of Parcel 17818 S.W.S. Island T.P. 3195, designated as Part 3 on Reference Plan 53R-16745 deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

176. (1) Despite section 8 of the Order, one seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (2).

(2) Subsection (1) applies to those lands in the geographic Township of Foster in the Territorial District of Sudbury being part of Lot 11 in Concession I, described as Summer Resort Lot 2, Registered Plan M-1093 registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

177. (1) Despite subclause 17 (b) (ii) of the Order, the seasonal dwelling existing on the day this section comes into force is permitted within 20 metres from the high-water mark on the lands described in subsection (2).

(2) Subsection (1) applies to those lands in the geographic Township of Curtin in the Territorial District of Sudbury being Lots 2, 3, 4, 5 and 6 on Plan M-730 registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

178. (1) Despite section 8 and subclause 17 (b) (ii) of the Order, one seasonal dwelling and guest cabin existing on the day this section comes into force are permitted within 20 metres of the high-water mark on the lands described in subsection (3).

(2) Despite section 8, subclause 17 (b) (ii) and subsection 23 (5) of the Order, one seasonal dwelling and guest cabin existing on the day this section comes into force are permitted within 20 metres of the high-water mark on the lands described in subsection (4).

(3) Subsection (1) applies to those lands in the geographic Township of Ulster in the Territorial District of Sudbury, being described as Parcel 9391 S.W.S.

(4) Subsection (2) applies to those lands in the geographic Township of Ulster in the Territorial District of Sudbury, being described as Parcel 31388 S.W.S.

179. (1) Despite sections 7 and 8 and subsection 23 (4) of the Order, a seasonal dwelling, guest cabin and accessory buildings and structures are permitted on the land described in subsection (5), if the following requirements are met:

 

Minimum lot area

2,000 square metres

Minimum lot frontage

30 metres

Maximum lot coverage

30 per cent

Minimum side yards

1.8 metres

Minimum rear yards

8 metres

Maximum height of building

9 metres

(2) Despite section 15 of the Order, a patio existing on the day this section comes into force is permitted on the land described in subsection (5).

(3) Despite subsection 5 (3) of the Order, a shed existing on the day this section comes into force is permitted within 1 metre of the side yard setback on the land described in subsection (5).

(4) Despite subsection 23 (5) of the Order, one guest cabin with cooking facilities and having a gross floor area not exceeding 47 square metres existing on the day this section comes into force is permitted on the land described in subsection (5).

(5) Subsections (1), (2), (3) and (4) apply to those lands in the geographic Township of Truman in the Territorial District of Sudbury, being described as Parcel 22772 S.W.S., more particularly described as Part 1 on Reference Plan SR-2019, Summer Resort Location DE-83, deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

180. (1) Despite subclause 17 (b) (ii) of the Order, one seasonal dwelling may be erected, located and used on the land described in subsection (2) if the shoreline setback is 9.7 metres from the high-water mark.

(2) Subsection (1) applies to land in the geographic Township of Curtin in the District of Sudbury, being part of Summer Resort Location W. D. 2702 and more particularly described as the remainder of Parcel 7509 Sudbury West Section.

181. (1) Despite paragraph 5 of subsection 23 (3) of the Order, the minimum side yard setback for the land described in subsection (2) is 4.75 metres.

(2) Subsection (1) applies to those lands in the geographic Township of Eden in the Territorial District of Sudbury, being part of Summer Resort Location A. E. 305, being Parcel 11888 SWS and identified as Property Identifier Number 73398-0092 (LT), filed in the Land Registry Office in the Land Titles Division of Sudbury (No. 53).

182. (1) Despite section 8 of the Order, one seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (2).

(2) Subsection (1) applies to those lands in the geographic Township of Curtin in the Territorial District of Sudbury described as Lots 3, 4 and 5 on Registered Plan M-1042 registered in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

183. (1) Despite section 8 and subsection 23 (4) of the Order, one seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (2) if the following requirements are met:

 

Minimum lot area

2,000 square metres

Minimum lot frontage

30 metres

Maximum lot coverage

30 per cent

Minimum front yard

20 metres

Minimum side yards

3 metres

Minimum rear yard

8 metres

Maximum height of building

9 metres

Maximum gross floor area

120 square metres

(2) Subsection (1) applies to those lands in the geographic Township of Eden in the Territorial District of Sudbury, being part of Summer Resort Location AE 825, being Parcel 18080 SEC SWS and identified as Property Identifier Number 73398-0173 (LT), filed in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

184. (1) Despite section 8 and subsection 23 (3) of the Order, one single dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (3) if the following requirements are met:

 

Minimum lot area

2,000 square metres

Minimum lot frontage

30 metres

Minimum front yard

17.2 metres

Minimum rear yard

11 metres

Minimum side yards

6 metres

Maximum height of building

9 metres

(2) Despite subclause 17 (b) (ii) of the Order, one single dwelling may be erected, located and used on the land described in subsection (3) if the shoreline setback is at least 17.2 metres from the high-water mark.

(3) Subsections (1) and (2) apply to those lands in the geographic Township of Eden in the Territorial District of Sudbury, being Summer Resort Location A.E. 472, being Parcel 13534 SEC SWS and identified as Property Identifier Number 73398-0137 (LT), filed in the Land Registry Office in the Land Titles Division of Sudbury (No. 53).

185. (1) Despite section 8 of the Order, one seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (3).

(2) Despite subclause 17 (b) (ii) of the Order, one seasonal dwelling may be erected, located and used on the land described in subsection (3) if the shoreline setback is at least 19.4 metres from the high-water mark.

(3) Subsection (1) applies to those lands in the geographic Township of Cascaden in the Territorial District of Sudbury, being Parcel 13333 SEC SWS, Summer Resort Location A.B. 139, and identified as Property Identifier Number 73355-0091 (LT), filed in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

186. (1) Despite section 8 of the Order, one seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (2).

(2) Subsection (1) applies to those lands in the geographic Township of Cascaden in the Territorial District of Sudbury, being Parcel 21509 SEC SWS, Summer Resort Location A.B. 140, designated as Part 1 on Reference Plan SR-2283 and identified as Property Identifier Number 73355-0208 (LT), filed in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

187. (1) Despite section 8 and subclause 17 (b) (ii) of the Order, the seasonal dwelling existing on the day this section comes into force is permitted on the lands described in subsection (3) with a shoreline setback of 9.6 metres from the high-water mark.

(2) Despite section 8 of the Order, uses, buildings and structures accessory to the seasonal dwelling referred to in subsection (1) may be erected, located and used on the lands described in subsection (3).

(3) Subsections (1) and (2) apply to those lands in the geographic Township of Eden in the Territorial District of Sudbury, being part of Summer Resort Location AE-586, being Parcel 28643 Section SWS, designated as Part 1 on Reference Plan 53R-9989 and identified as Property Identifier Number 73398-0222 (LT), filed in the Land Registry Office in the Land Titles Division of Sudbury (No. 53).

O. Reg. 834/81, Sched. 1; O. Reg. 67/82, s. 2; O. Reg. 79/82, s. 1; O. Reg. 116/82, s. 1; O. Reg. 117/82, s. 1; O. Reg. 242/82, s. 1; O. Reg. 243/82, s. 1; O. Reg. 476/82, s. 1; O. Reg. 501/82, s. 1; O. Reg. 584/82, s. 1; O. Reg. 700/82, s. 2; O. Reg. 53/83, s. 1; O. Reg. 183/83, s. 1; O. Reg. 208/83, s. 1; O. Reg. 261/83, s. 1; O. Reg. 292/83, s. 1; O. Reg. 349/83, s. 1; O. Reg. 488/83, s. 1; O. Reg. 547/83, s. 1; O. Reg. 564/83, s. 1; O. Reg. 586/83, s. 1; O. Reg. 714/83, s. 1; O. Reg. 94/84, s. 1; O. Reg. 99/84, s. 1; O. Reg. 766/84, s. 1; O. Reg. 767/84, s. 1; O. Reg. 768/84, s. 1; O. Reg. 75/85, s. 1; O. Reg. 76/85, s. 1; O. Reg. 77/85, s. 1; O. Reg. 424/85, s. 1; O. Reg. 462/85, s. 1; O. Reg. 549/85, s. 1; O. Reg. 703/85, s. 1; O. Reg. 69/86, s. 1; O. Reg. 105/86, s. 1; O. Reg. 191/86, s. 1; O. Reg. 229/86, s. 1; O. Reg. 394/86, s. 1; O. Reg. 427/86, s. 1; O. Reg. 662/86, s. 1; O. Reg. 663/86, s. 1; O. Reg. 761/86, s. 1; O. Reg. 5/87, s. 1; O. Reg. 6/87, s. 1; O. Reg. 7/87, s. 1; O. Reg. 284/87, s. 1; O. Reg. 285/87, s. 1; O. Reg. 439/87, s. 1; O. Reg. 541/87, s. 1; O. Reg. 666/87, s. 1; O. Reg. 6/88, s. 1; O. Reg. 76/88, s. 1; O. Reg. 109/88, s. 1; O. Reg. 110/88, s. 1; O. Reg. 280/88, s. 1; O. Reg. 300/88, s. 1; O. Reg. 329/88, s. 1; O. Reg. 349/88, s. 1; O. Reg. 363/88, s. 1; O. Reg. 479/88, s. 1; O. Reg. 565/88, s. 1; O. Reg. 328/89, s. 1; O. Reg. 420/89, s. 1; O. Reg. 466/89, s. 1; O. Reg. 550/89, s. 1; O. Reg. 567/89, s. 1; O. Reg. 673/89, s. 1; O. Reg. 26/90, s. 1; O. Reg. 186/90, s. 1; O. Reg. 334/90, s. 1; O. Reg. 654/90, s. 1; O. Reg. 3/91, s. 1; O. Reg. 61/91, s. 1; O. Reg. 73/91, s. 1; O. Reg. 131/91, s. 1; O. Reg. 172/91, s. 1; O. Reg. 295/91, s. 1; O. Reg. 497/91, s. 1; O. Reg. 189/92, s. 1; O. Reg. 199/92, s. 1; O. Reg. 200/92, s. 1; O. Reg. 371/92, s. 1; O. Reg. 404/92, s. 2; O. Reg. 473/92, s. 1; O. Reg. 769/92, s. 2; O. Reg. 141/93, s. 1; O. Reg. 192/93, s. 1; O. Reg. 200/93, s. 1; O. Reg. 201/93, s. 1; O. Reg. 202/93, s. 1; O. Reg. 274/93, s. 1; O. Reg. 390/93, s. 1; O. Reg. 428/93, s. 1; O. Reg. 485/93, s. 1; O. Reg. 486/93, s. 1; O. Reg. 530/93, s. 1; O. Reg. 644/93, s. 1; O. Reg. 693/93, s. 1; O. Reg. 703/93, s. 1; O. Reg. 727/93, s. 1; O. Reg. 816/93, s. 1; O. Reg. 13/94, s. 1; O. Reg. 14/94, s. 1; O. Reg. 167/94, s. 1; O. Reg. 345/94, s. 1; O. Reg. 578/94, s. 1; O. Reg. 610/94, s. 1; O. Reg. 71/95, s. 1; O. Reg. 171/95, s. 1; O. Reg. 313/95, s. 1; O. Reg. 324/95, s. 1; O. Reg. 325/95, s. 1; O. Reg. 451/95, s. 1; O. Reg. 4/96, s. 1; O. Reg. 174/96, s. 1; O. Reg. 322/96, s. 1; O. Reg. 473/96, s. 1; O. Reg. 474/96, s. 1; O. Reg. 13/97, s. 1; O. Reg. 60/97, s. 1; O. Reg. 61/97, s. 1; O. Reg. 62/97, s. 1; O. Reg. 63/97, s. 1; O. Reg. 64/97, s. 1; O. Reg. 88/97, s. 1; O. Reg. 89/97, s. 1; O. Reg. 90/97, s. 1; O. Reg. 92/97, s. 1; O. Reg. 93/97, s. 1; O. Reg. 154/97, s. 4; O. Reg. 163/98, s. 1; O. Reg. 92/99, s. 1; O. Reg. 125/99, s. 1; O. Reg. 391/99, s. 1; O. Reg. 393/99, s. 1; O. Reg. 394/99, s. 1; O. Reg. 404/99, s. 1; O. Reg. 527/99, s. 1; O. Reg. 547/99, s. 1; O. Reg. 578/99, s. 1; O. Reg. 352/00, s. 1; O. Reg. 353/00, s. 1; O. Reg. 541/00, s. 1; O. Reg. 542/00, s. 1; O. Reg. 146/01, s. 1; O. Reg. 304/01, s. 1; O. Reg. 177/02, s. 1; O. Reg. 289/02, s. 1; O. Reg. 206/03, s. 1; O. Reg. 289/03, s. 1; O. Reg. 174/08, s. 1; O. Reg. 272/10, ss. 4, 5; O. Reg. 130/11, s. 1; O. Reg. 455/11, s. 1; O. Reg. 142/12, s. 1; O. Reg. 397/12, ss. 3-6; O. Reg. 86/13, s. 1; O. Reg. 134/13, s. 2; O. Reg. 35/14, s. 1.

SCHEDULE 2
mobile home parks (SUBSECTION 49 (1))

1.-6. Revoked:  O. Reg. 154/97, s. 5.

7. (1) Notwithstanding section 50 and subsections 51 (1), (2) and (3) of the Order, the lands described in subsection (2) may be used for the location and use thereon of mobile homes provided the following requirements are met:

 

Maximum number of mobile home sites

20

Minimum site area

439 square metres

Minimum site frontage

13.5 metres

Minimum front and rear yards

7.5 metres

Minimum side yards

1.5 metres

Maximum site coverage

15 per cent

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Cartier in the Territorial District of Sudbury, being that part of the Canadian Pacific Railway Block described as follows:

1. Parts 2 and 3 according to a Plan filed in the Land Registry Office for the Land Titles Division of Sudbury (No. 53) as Number 53R-5706.

2. That parcel of land more particularly described as follows:

Premising that the westerly limit of the King’s Highway No. 144 has a bearing of north 27° 18' 30" west and relating all bearings herein thereto;

Beginning at the intersection of the easterly limit of the said King’s Highway No. 144 and the northerly limit of Part 2 as shown on the said Plan 53R-5706;

Thence northerly along the easterly limit of the said King’s Highway 128 metres to a point;

Thence north 60° 59' east 35 metres in the westerly limit of Miles Avenue;

Thence southerly along the westerly limit of Miles Avenue 83.8 metres to a point;

Thence north 60° 59' east 42.6 metres to a point;

Thence south 29° 01' east 45.72 metres to the northerly limit of the said Part 2;

Thence westerly along the northerly limit of the said Part 2 a distance of 82.3 metres to the place of beginning.

8. (1) Notwithstanding section 50 and subsections 51 (1), (2) and (3) of the Order, the lands described in subsection (2) may be used for the location and use thereon of mobile homes provided the following requirements are met:

 

Maximum number of mobile home sites

2

Minimum front yard

6 metres

Minimum side yards

2 metres

Minimum rear yard

8 metres

(2) Subsection (1) applies to that parcel of land situate in the geographic Township of Cartier, being that part of Lot 11 in Concession VI shown as Part 1 on a Plan deposited in the Land Registry Office for the Registry Division of Sudbury (No. 53) as Number 53R-9555.

O. Reg. 834/81, Sched. 2; O. Reg. 118/82, s. 2; O. Reg. 257/82, s. 2; O. Reg. 664/87, s. 2; O. Reg. 154/97, s. 5.

Schedule 3
GENERAL COMMERCIAL ZONES — EXEMPTiONS (SUBSECTION 32 (4))

1. Revoked:  O. Reg. 154/97, s. 6.

2. (1) Despite subsection 4 (1) of the Order, the land described in subsection (3) shall be deemed to be land in a General Commercial Zone.

(2) Despite section 8 and subsection 32 (1) of the Order, every use of land and every erection, location or use of buildings or structures on the land described in subsection (3) is prohibited except a marina together with accessory buildings and structures if the following requirements are met:

 

1.

Minimum lot area

2,300 square metres

2.

Minimum lot frontage

45 metres

3.

Maximum lot coverage

20 per cent

4.

Minimum front yard

12 metres

5.

Minimum rear yard

9 metres

6.

Minimum side yards

6 metres

7.

Maximum height of building

9 metres

8.

Maximum number of boat slips

90

9.

Maximum number of parking spaces

150

10.

Maximum number of seasonal dwellings

3

(3) Subsections (1) and (2) apply to those lands in the geographic Township of Ulster in the Territorial District of Sudbury, being Parcel 10284 Sudbury West Section, Location AE 206.

O. Reg. 617/90, s. 2; O. Reg. 91/97, s. 1; O. Reg. 154/97, s. 6.

Schedule 4
SEASONAL RESIDENTIAL ZONES — EXEMPTIONS (SUBSECTION 30 (4))

1. (1) Despite section 8 of the Order, a seasonal dwelling together with accessory buildings and structures may be erected, located and used on the lands described in subsection (3).

(2) Despite subclause 17 (b) (ii) of the Order, the guest cabin existing on the lands described in subsection (3) on the day this section comes into force is permitted within 20 metres of the high-water mark of any lake or river.

(3) Subsections (1) and (2) applies to those lands in the geographic Township of Cascaden in the Territorial District of Sudbury, being described as Parcel 14657 Sudbury West Section.

2. (1) Despite paragraph 6 of subsection 23 (4) of the Order, the minimum rear yard requirement for the land described in subsection (2) is 4 metres.

(2) Subsection (1) applies to the lands in the geographic Township of Hess in the Territorial District of Sudbury, described as Parcel 27942 Sudbury West Section and designated as Part 4 on Plan 53R-9869, deposited in the Land Registry Office for the Land Titles Division of Sudbury (No.53).

3.-7. Revoked:  O. Reg. 154/97, s. 7.

O. Reg. 222/91, s. 2; O. Reg. 289/94, s. 1; O. Reg. 290/94, s. 1; O. Reg. 311/94, s. 1; O. Reg. 456/94, s. 1; O. Reg. 65/97, s. 1; O. Reg. 66/97, s. 1; O. Reg. 154/97, s. 7; O. Reg. 355/00, s. 1; O. Reg. 434/00, s. 1.

Schedule 5
resort commercial zones — exemptions (subsection 35 (6))

1. (1) A car dealership may be erected and used on the land described in subsection (2) if the side yards are a minimum of six metres.

(2) Subsection (1) applies to that parcel of land in the geographic Township of Cascaden in the Territorial District of Sudbury being part of Lot 1 in Concession VI designated as Part 1 on Reference Plan 53R-5201 deposited in the Land Registry Office for the Land Titles Division of Sudbury (No. 53).

2. Revoked:  O. Reg. 154/97, s. 8.

O. Reg. 498/91, s. 2; O. Reg. 70/97, s. 1; O. Reg. 98/97, s. 1; O. Reg. 154/97, s. 8.

Schedule 6
INSTITUTIONAL ZONES — EXEMPTIONS (SUBSECTION 43 (3))

1. Revoked:  O. Reg. 154/97, s. 9.

2. (1) Despite section 4 of the Order, the land described in subsection (6) is, for the purposes of this Order, land in an institutional zone.

(2) Despite subsection 43 (1) of the Order, a tourist outfitter is a permitted use on the lands described in subsection (6) provided that such a use shall not include the rental or sale of motorized watercraft.

(3) Notwithstanding section 44 of the Order, the requirements for principal buildings and structures permitted are established as follows:

 

(a)

Minimum lot area

1,060 square metres

(b)

Minimum lot frontage

30 metres

(c)

Maximum lot coverage

40 per cent

(d)

Minimum front yard

1 metres

(e)

Minimum rear yard

14 metres

(f)

Maximum side yards

2.8 metres

(g)

Maximum height of building

9 metres

(4) Notwithstanding section 1 of the Order, the following definitions shall apply for the calculation of meeting the requirements:

(a) “Lot Area” means the total horizontal area within the lot lines of Unit 27.

(b) “Lot Lines” mean the boundaries of Unit 27.

(c) “Front Lot Line” means the lot line having a total length of 38.33 metres that divides Unit 27 from the western portion of the travelled road common element adjacent to Unit 27 of Sudbury Condominium Plan No. 5.

(d) “Street” shall mean a travelled road located on the common element of Sudbury Condominium Plan No. 5.

(5) Notwithstanding section 18 of the Order, a minimum of 13 parking spaces for off-street vehicular parking are to be provided on Unit 27 and, notwithstanding section 18 of the Order, or any other section or provision of the Order, additional parking spaces may be provided within the adjacent common element to the east of Unit 27 in Sudbury Condominium Plan No. 5.

(6) Subsections (1) through (5) apply to the lands in the geographic Township of Curtin in the Territorial District of Sudbury, being part of Lot 13 on Registered Plan 45-S, more particularly described as Unit 27, Sudbury Condominium Plan No. 5.

O. Reg. 419/96, s. 3; O. Reg. 154/97, s. 9; O. Reg. 520/97, s. 1.