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O. Reg. 354/97: ZONING AREAS - TERRITORIAL DISTRICT OF NIPISSING, GEOGRAPHIC TOWNSHIPS OF THISTLE AND MCLAREN

under Planning Act, R.S.O. 1990, c. P.13

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Versions
current September 24, 1997 (e-Laws currency date)

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 354/97

ZONING AREAS — TERRITORIAL DISTRICT OF NIPISSING, GEOGRAPHIC TOWNSHIPS OF THISTLE AND MCLAREN

Consolidation Period: From September 24, 1997 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

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 principle use, building or structure on the same lot;

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

“conservation use” means a use of land, building or structure for the purpose of conserving, preserving and protecting the natural heritage and the environment, and includes docks, uninhabitable boat-houses, pumphouses or buildings or structures intended for flood and erosion control;

“forestry use” means a use of land, building or structure for the purpose of harvesting timber and includes the operation of a sawmill;

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

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

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

“ground floor area” means the area of the lowest storey of a building or structure above grade, measured between the exterior faces of the exterior walls of the floor level of that storey;

“guest cabin” means a building without cooking and sanitary 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;

“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 and structures;

“lot frontage” means,

(a) the horizontal distance between parallel side lot lines of a lot, or

(b) the distance between not parallel side lot lines of a lot measured on a line parallel to and 7.5 metres distant from the front lot line;

“lot line” means a boundary of a lot;

“mobile home” means a dwelling unit that is designed to be made mobile and constructed or manufactured to provide a dwelling for one or more persons but does not include a travel trailer or tent trailer otherwise designed;

“public access point” means public land owned and maintained by the Crown in the name of the Province of Ontario, the Federal Government or other public body for public access to a body of water, including public parking, docking and boat launching areas;

“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 lot's 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 principal building or structure on the lot;

“seasonal dwelling” means a building containing only one dwelling unit capable of being occupied for recreational residential uses 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 principal building or structure on a lot and the side lot line extending from the front yard to the rear yard;

“street” means a public highway that is under the jurisdiction of the Province of Ontario or a local roads board;

“temporary residential accommodation” means the use of land, building or structure, including mobile homes, for the purpose of housing workers for a period of less than sixty days;

“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 situated, unoccupied except for such accessory buildings as are specifically permitted in this Order. O. Reg. 354/97, s. 1.

2. This Order applies to all the lands in the geographic townships of Thistle and McLaren in the Territorial District of Nipissing. O. Reg. 354/97, s. 2.

3. All the lands in the geographic Townships of Thistle and McLaren are designated as land in a Rural Zone. O. Reg. 354/97, s. 3.

4. Every use of land and every erection or use of buildings or structures is prohibited except for,

(a) agricultural uses;

(b) cemeteries;

(c) conservation uses;

(d) firehalls;

(e) forestry uses or other resource-based activity;

(f) golf courses;

(g) logging and lumber camps;

(h) places of worship;

(i) public parks, playgrounds and picnic areas;

(j) resource-based recreational uses;

(k) schools;

(1) seasonal dwellings or mobile seasonal dwellings;

(m) temporary uses; and

(n) wayside pits or quarries. O. Reg. 354/97, s. 4.

5. (1) Requirements for uses, buildings and structures, including accessory buildings and structures, permitted by clause 4 (a) are as follows:

1.

Minimum lot area

10 hectares

2.

Minimum lot frontage

150 metres

3.

Minimum distance of a building or structure from any lot line

15 metres

4.

Minimum ground floor area for accessory single dwellings

70 square metres

O. Reg. 354/97, s. 5 (1).

(2) Despite paragraph 3 of subsection (1), no building or structure permitted by clause 4 (a) shall be located within 30 metres of a lot on which the principal use is residential. O. Reg. 354/97, s. 5 (2).

(3) Requirements for principal buildings and structures permitted by clause 4 (l) are as follows:

1.

Minimum lot area

0.4 hectares

2.

Minimum lot frontage

61 metres

3.

Maximum lot coverage

10 per cent

4.

Minimum front yard

15 metres

5.

Minimum rear yard

8 metres

6.

Minimum side yard

5 metres

7.

Maximum height

9 metres

O. Reg. 354/97, s. 5 (3).

(4) No building or structure to be used for a residential, institutional or recreational use shall be erected within 330 metres of a building or structure that contains or is intended to contain livestock or manure and no building or structure intended to contain livestock or manure shall be erected within 330 metres of a building or structure used for residential, institutional or recreational use. O. Reg. 354/97, s. 5 (4).

6. (1) A single dwelling accessory to the use permitted by clause 4 (a) is permitted. O. Reg. 354/97, s. 6 (1).

(2) Where a wayside pit or quarry is established under clause 4 (n), buildings or structures accessory thereto may be erected and used on the same lot. O. Reg. 354/97, s. 6 (2).

(3) Accessory buildings and structures are permitted if

(a) they are not used for human habitation; and

(b) the minimum front yard and side yard requirements are met for principal buildings and structures. O. Reg. 354/97, s. 6 (3).

7. (1) Every use of land and every erection, location or use of a building or structure shall have direct access to a street that is opened and maintained year round, except for seasonal dwellings with water access only. O. Reg. 354/97, s. 7 (1).

(2) Despite subsection (1), a seasonal dwelling may be constructed on a lot having only water access if there is a public access point. O. Reg. 354/97, s. 7 (2).

8. No building or structure shall be erected, located or used within 32 metres of the centre line of a provincial highway. O. Reg. 354/97, s. 8.

9. A building or structure erected, located or used before this Order comes into force on a lot having less than the minimum lot frontage, lot area or yard required by this Order may be enlarged, repaired or renovated if there is no further reduction in any lot frontage, lot area or yard that is less than the minimum required by this Order and all other requirements of this Order are met. O. Reg. 354/97, s. 9.

10. A wayside pit or quarry shall not be located within 30 metres of a street or within 15 metres of a lot line. O. Reg. 354/97, s. 10.

11. Where a lot abuts navigable water, a boathouse, dock or wharf may be erected, located and used. O. Reg. 354/97, s. 11.

12. No building or structure shall be erected, located or used within 18 metres of navigable water. O. Reg. 354/97, s. 12.

13. No more than one single dwelling or a mobile home or a seasonal dwelling is permitted on a lot. O. Reg. 354/97, s. 13.

14. Despite section 13, one guest cabin having a gross floor area not exceeding 25 square metres may be erected on the same lot as a seasonal dwelling and may be used for human habitation. O. Reg. 354/97, s. 14.

15. (1) Every use of land and every erection, location or use of buildings or structures shall be in accordance with this Order. O. Reg. 354/97, s. 15 (1).

(2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force. O. Reg. 354/97, s. 15 (2).

(3) 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 and its original use is not altered. O. Reg. 354/97, s. 15 (3).

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure. O. Reg. 354/97, s. 15 (4).