Week 3 - General Provisions

ACCESSORY BUILDINGS STRUCTURES AND USES

GENERAL REQUIREMENTS FOR ACCESSORY BUILDINGS, STRUCTURES AND USES

a) Where this By-law provides that a building, structure or lot may used for a purpose permitted by this By-law, that use permission shall include accessory buildings, structures or uses provided such buildings, structures, or uses are subordinate and normally incidental to the primary permitted use of the building, structure or lot, or unless otherwise expressly prohibited by this By-law.

b) An accessory building, structure or use shall be located on the same lot as the principal use.

c) The main building, structure or use must be established on the lot prior to construction of any accessory buildings, structures or uses. Notwithstanding, where a temporary accessory building is necessary for the storage of tools or materials for use in connection with the construction of the main building on a lot, the accessory building may be erected on the lot first provided that a building permit is issued for the main building and further provided that such building shall be used only for the purpose of storage during construction. When the main building is ready for occupancy, the temporary accessory building shall be removed.

d) No accessory building or structure shall be considered accessory if attached to and structurally dependent on the main building. For the purpose of this clause, an accessory building which is connected to the main building by a breezeway, covered walkway or similar structure shall not be considered structurally dependent on the main building unless the accessory building and main building are under a common roof.

e) No detached accessory building or structure may be used for human habitation or for a home occupation unless specifically permitted by this By-law.

STANDARDS FOR ACCESSORY BUILDINGS AND STRUCTURES

a) The maximum number of permitted accessory buildings or structures on a lot shall be in accordance with Table 4.1.2.1. Notwithstanding, a maximum of 1 detached private garage is permitted on a lot in a Residential Zone.

Table 4.1.2.1: Maximum Number of Accessory Buildings and Structures on a Lot

b) Location: The minimum required setbacks for accessory buildings and structures shall be in accordance with Table 4.1.2.2.

Table 4.1.2.2: Minimum Required Setbacks for All Accessory Buildings and Structures on a Lot

c) Maximum Lot Coverage: The maximum cumulative lot coverage for all accessory buildings and structures, detached private garage, and detached additional dwelling unit on a lot in the Residential One (R1), Residential Two (R2), Residential Three (R3), Rural Residential (RR), Shoreline Area One (SR1), Shoreline Area Two (SR2) and Rural (RU) Zones shall be in accordance with Table 4.1.2.3.

Table 4.1.2.3: Maximum Cumulative Lot Coverage for All Accessory Buildings and Structures on a Lot

d) Maximum Height: The maximum height of an accessory building or structure shall be in accordance with Table 4.1.2.4.

Table 4.1.2.4: Maximum Height for All Accessory Buildings and Structures on a Lot

General Requirements for Accessory Shoreline Structures

a) Shoreline structures refer to accessory buildings and structures erected at or near the shoreline in the required yard and are located between the shoreline and the principal dwelling on a lot. Accessory shoreline structures include the following:

i) Land-Based Shoreline Structures including an unenclosed free-standing platform, gazebo, sauna, hot tub and pumphouse; and,

ii) Water-Based Shoreline Structures including a boathouse, boat port, boat lift, boat launch ramp and dock.

b) The maximum cumulative width of all accessory shoreline structures shall be 25% of the lot frontage as measured parallel to the shoreline. Included in this calculation shall be all land-based shoreline accessory structures within 15 metres of the high water mark.

c) All accessory shoreline structures shall be setback 5 metres from a side lot line or a straight line projection of the side lot line into the water.

DOCKS, BOAT LAUNCH RAMPS AND BOAT LIFTS

A dock, boat launch ramp or boat lift shall be permitted in the required front yard of a lot abutting a shoreline in accordance with the following:

i) A dock, boat launch ramp and boat lift may only be permitted as an accessory use to a waterfront lot unless specifically permitted as a principal use;

ii) A maximum of one (1) dock, boat launch ramp or boat lift is permitted per lot;

iii) The maximum length of a dock shall be 30 metres as measured from the shoreline to the farthest reach of the dock and including any associated access access ramp;

iv) The maximum permitted width of a dock shall be 3 metres;

v) The maximum total combined footprint of supporting structures for a dock shall be 15 m²;

vi) An access ramp to a boathouse or boat port shall not exceed a width of 2 metres and a length of 2 metres;

vii) A gazebo, sauna or hot tub shall not be permitted on a dock;

viii) A boat lift must be located with or adjacent to a dock; and,

ix) A boat lift is not permitted to have walls.

ADDITIONAL DWELLING UNITS

Where an additional dwelling unit is permitted, the following provisions shall apply:

a) A maximum of two (2) additional dwelling units shall be permitted per lot including a maximum of one (1) additional dwelling unit in the principal dwelling on the lot and a maximum of one (1) additional dwelling unit in a detached accessory structure on the lot.

b) An additional dwelling unit shall only be permitted on a lot containing a single detached dwelling unit, semi-detached dwelling unit or townhouse dwelling unit;

c) Where the principal dwelling unit is a townhouse dwelling, an additional dwelling unit is only permitted provided the lot on which the principal townhouse dwelling unit is located has a minimum frontage of 11 m;

d) An additional dwelling unit shall only be permitted on a lot fronting on an open and municipally maintained street or road;

e) Where municipal water services and municipal sewage services are available, the principal dwelling unit and the additional dwelling unit must be connected to such services. Where municipal water services and municipal sewage services are not available, proof must be provided to the satisfaction of the Town, that the individual on-site water services and individual on-site sewage services are capable of accommodating both the principal dwelling unit and the proposed additional dwelling unit on the lot;

f) An additional dwelling unit shall not be permitted on a lot with a garden suite, short term rental, bed and breakfast, group home, or on a lot with a boarding and rooming house;

g) A home occupation shall not be permitted within an additional dwelling unit;

h) Occupancy of an additional residential unit shall not be permitted until an Occupancy Permit has been issued by the Municipality.

i) Parking for an additional dwelling unit shall be provided in accordance with the requirements of Section 5 of this By-law;

j) Required off-street parking spaces may be arranged in tandem. A tandem parking space may be located on a driveway that is within the front yard; and,

k) An additional dwelling unit that existed legally as of the date this By-law takes effect may continue to be used for that purpose if a building permit has been issued and if the unit complies with the regulations of the Fire Protection and Prevention Act;

l) A main building on a residential lot that is divided into a principal dwelling unit and an additional dwelling unit shall not constitute any other type of dwelling unit otherwise defined in this By-law; and,

m) An additional dwelling unit in an accessory building shall not be severed from the lot containing the principal dwelling unit.

ADDITIONAL DWELLING UNITS IN A MAIN BUILDING ON A RESIDENTIAL LOT

Where permitted by this By-law, one additional dwelling unit is permitted within the main building on a residential lot in accordance with the following:

a) The additional dwelling unit is located entirely within the same building as the principal dwelling unit;

b) The maximum gross floor area of the additional dwelling unit may not exceed the greater of 45% of the gross floor area of the principal dwelling unit but in no case shall be larger than 55 m²;

c) Where direct access to the additional dwelling unit is provided from the interior side yard, the entrance to the additional dwelling unit is required to be a minimum of 1.2 metres from the interior side lot line and no stairs accessing the additional dwelling unit are permitted within 1.2 metres from the interior side lot line.

ADDITIONAL DWELLING UNIT IN A DETACHED ACCESSORY BUILDING

Where permitted by this By-law, one additional dwelling unit is permitted in an accessory building to a primary residential use in accordance with the following:

a) The accessory building with the additional dwelling unit is located in the rear yard;

b) The maximum gross floor area of the additional dwelling unit may not exceed 45% of the gross floor area of the principal dwelling unit but in no case may be larger than 60 m²;

c) An additional dwelling unit in an accessory building is not permitted to have a basement or other habitable living space below grade;

d) The accessory building with the additional dwelling unit has a height no greater than 4.5 metres;

e) The accessory building with an additional dwelling unit is located no further than 30 metres from the lot line over which access from a public street or road is obtained;

f) The accessory building with the additional dwelling unit is accessed from the street or highway by a clear path of travel that has a minimum width of 1.2 metres;

g) The accessory building with the additional dwelling unit is located:

i) a minimum of 3.0 metres from the rear lot line;

ii) consistent with the applicable exterior side yard setback for the main residential building on the lot; and,

iii) a minimum of 1.2 metres from the interior side lot line; and,

h) Where an accessory building containing an additional dwelling unit is located on a through lot and is accessed from a driveway crossing the rear lot line, the following additional provisions shall apply:

i) Notwithstanding Section 4.2.2(a), the accessory building containing the additional dwelling unit shall be located in the yard adjacent to the rear wall of the main residential building on the lot; and,

ii) Notwithstanding Section 4.2.2 (d), the accessory building containing the additional dwelling unit has a height of no greater than 5.5 metres.

CANNABIS PRODUCTION FACILITIES

The following provisions apply to all federally licensed cannabis production facilities and outdoor cannabis cultivation uses where permitted by this Zoning By-law:

a) Only a cannabis production facility or outdoor cannabis cultivation of a singular cannabis licence holder may occur on a single lot.

b) Other than cultivation, all other cannabis-related uses are only permitted within a wholly enclosed building.

c) The sale of cannabis or cannabis products is not permitted as an accessory use to any cannabis production facility or outdoor cannabis cultivation.

d) Where a minimum separation distance is required between a cannabis production facility or outdoor cannabis cultivation use and a sensitive land use, such minimum separation distance shall be measured from the nearest lot line of the lot containing the cannabis production facility or outdoor cannabis cultivation to:

i) Any residential use in the Rural Zone – to the nearest exterior wall of the dwelling;

ii) Any residential use in a Residential Zone or Shoreline Zone – to the nearest lot line of the residential use;

iii) Uses permitted in the Institutional (I) Zone – to the nearest lot line;

iv) Uses permitted in the Open Space (OS) Zone - to the nearest lot line; or,

v) Notwithstanding the requirements of Section 4.5(d)(i)(ii)(iii) and (iv), where a lot containing a Cannabis Production Facility or Outdoor Cannabis Cultivation is immediately adjacent to a lot containing a sensitive land use, the minimum separation distance shall be measured from the nearest exterior wall of the Cannabis Production Facility or the nearest crop line of the Outdoor Cannabis Cultivation to the nearest exterior wall of the building on the lot containing the sensitive land use.

e) Notwithstanding any other provision of this By-law to the contrary, a Cannabis Production Facility and Outdoor Cannabis Cultivation shall not be permitted on a lot with a bed and breakfast establishment, short term rental, or home occupation.

REGULATIONS APPLYING TO CANNABIS PRODUCTION FACILITIES

Notwithstanding any other provisions of this By-law to the contrary, the following additional requirements shall apply to cannabis production facilities where permitted:

a) A cannabis production facility shall be setback a minimum separation distance of 300 metres from a sensitive land use as measured in accordance with the requirements of Section 4.5(d) of this Zoning By-law;

b) A cannabis production facility shall only be permitted in new, purpose-built buildings equipped with an air treatment control system. Existing buildings or structures may not be converted or retrofitted for cannabis cultivation, production, processing, research or testing uses.

c) Notwithstanding Sections 1.14 and 1.16 of this Zoning By-law, any expansion of an existing cannabis production facility or an addition to any buildings or structures thereto must comply with the requirements of this Zoning By-law.

d) The establishment of or expansion to a cannabis production facility shall be subject to Site Plan Control.

e) Where permitted, the following provisions apply to cannabis production facilities:

Table 4.5.1.1: Requirements for Cannabis Production Facilities

(*1) Except where ventilating fans in a wall exhaust into the respective side or rear yard, in which case the minimum side or rear yard setback shall be 25 metres.

(*2) Except where ventilating fans in a wall exhaust into the respective side or rear yard, in which case the minimum side or rear yard setback shall be 60 metres.

f) A cannabis production facility shall not be permitted on a lot containing a dwelling unit.

g) Where a building, or structure is used for a cannabis production facility and such use is located adjacent to a Residential Zone, Shoreline Zone, Institutional Zone, or Open Space Zone, a 3 metre wide landscaping strip shall be provided along the lot line adjacent to the Residential Zone, Shoreline Zone, Institutional Zone, or Open Space Zone.

h) Outdoor storage on a lot containing a cannabis production facility is prohibited.

i) Notwithstanding Section 4.1 of this Zoning By-law, an accessory structure on a lot containing a cannabis production facility shall be located in accordance with the minimum yard setbacks and lot coverage requirements of Section 4.5.1(e) of this Zoning By-law.

j) Notwithstanding Section 4.5.1 (i) of this Zoning By-law, an accessory building or structure located on the same lot as a cannabis production facility that is used exclusively for security purposes, may be located in any required yard and does not have to comply with the minimum front, side or rear yard setbacks of this Zoning By-law.

k) Notwithstanding Section 5.10 of this Zoning By-law, loading areas for a cannabis production facility shall be located within a wholly enclosed building in accordance with the minimum yard setbacks of Section 4.5.1(e) of this Zoning By-law and shall be screened by building placement or landscaping.

l) No outdoor signage or advertising for the cannabis production facility shall be permitted.

m) Off-street parking for a cannabis production facility shall be provided in accordance with Section 5 of this By-law.

REGULATIONS APPLYING TO OUTDOOR CANNABIS CULTIVATION

Notwithstanding any other provisions of this Zoning By-law to the contrary, the following additional requirements shall apply to outdoor cannabis cultivation where permitted:

a) Outdoor cannabis cultivation shall be setback a minimum distance separation of 300 metres from a sensitive land use as measured in accordance with the requirements of Section 4.5(d) of this Zoning By-law; and,

b) Outdoor cannabis cultivation shall be setback a minimum of 50 metres from the lot lines of the lot on which the cannabis operation is located.

HOME OCCUPATIONS

GENERAL REQUIREMENTS

Where a home occupation is permitted, the following provisions shall apply:

a) the home occupation is clearly secondary to the principal residential use of the lot and does not change the residential character of the dwelling unit or the lot;

b) a maximum of one (1) home occupation is permitted in association with a principal dwelling on a lot;

c) a home occupation is not permitted within an additional dwelling unit;

d) the home occupation shall be located wholly within a principal dwelling unit or an accessory building thereto;

e) the maximum gross floor area of the home occupation shall not exceed 25% of the gross floor area of the principal dwelling on the lot;

f) where the home occupation is located in an accessory building, such accessory building shall comply with the zoning requirements for accessory buildings on the lot;

g) a home occupation is only permitted on a lot that has frontage on an open, municipally maintained public street, road or highway;

h) not more than one (1) employee, in addition to the residents of the dwelling unit, may be engaged in the business and working in the dwelling;

i) a home occupation providing instructional services for academic, leisure or hobby activities or a private home daycare may only be permitted in a detached dwelling;

j) where a home occupation provides instructional services for academic, leisure or hobby activities, no more than four (4) students may occupy the premises for an instructional session at any one time;

k) a private home daycare may offer temporary care to no more than 5 persons for a continuous period not exceeding 24 hours;

l) no outdoor storage or display of materials, equipment, wares or merchandise is permitted;

m) no external advertising other than a sign erected in accordance with the Town of Penetanguishene Sign By-law is permitted;

n) only the sale of goods assembled, crafted or produced on the lot is be permitted. Notwithstanding, mail order sales shall be permitted;

p) off-street parking for the home occupation shall be provided in accordance with Section 5 of this By-law;

q) the home occupation shall not create nor become a public nuisance due to dust, noise, vibration, odour, smoke, external lighting or traffic generated by the use; and,

r) the home occupation shall not involve the use of any hazardous or toxic chemicals.

PROHIBITED USES

Notwithstanding the above, the following uses shall not be permitted as a home occupation:

a) any use offering temporary lodging;

b) any use involving the sale of prepared food for human consumption;

c) any use involving the storage, repair, maintenance and/or towing of motor vehicles, tractor trailers or other machinery or equipment;

d) Contractor’s yard;

e) Dating bureaus/escort services;

f) Medical Clinic;

g) Retail stores; and

h) Taxi service depot/dispatch.

PLATFORMS AND PORCHES

Notwithstanding any applicable zone standards, platforms and porches are permitted as an accessory structure in accordance with Table 4.13.1.

Table 4.13.1: Regulations for Platforms and Porches

SHIPPING CONTAINERS

Notwithstanding any other provision in this By-law, the temporary placement of one (1) shipping container is permitted per lot in a Residential Zone provided the shipping container:

a) Is located on the driveway;

b) Is set back a minimum of 1.0 metre from any lot line;

c) Has a maximum height of 2.5 metres, a maximum width of 2.5 metres and a maximum length of 6.0 metres; and

d) Is not located on the lot for more than 30 days in a calendar year.

SHORT TERM RENTAL UNITS

Where permitted by this By-law, a maximum of one short term rental unit is permitted on a residential lot in accordance with the following:

a) A short term rental unit may only be located in a single detached dwelling that is the principal building on the lot;

b) A short term rental unit shall not be permitted:

i) within a detached accessory building;

ii) in a recreational vehicle;

iii) in a tent or other similar temporary structure; or

iv) on a lot containing an additional dwelling unit, garden suite, home occupation, group home, or boarding and rooming house;

c) A short term rental unit shall only be permitted on a lot fronting on an open and municipally maintained street or road;

d) A short term rental unit shall only be permitted on a lot serviced by municipal water services and municipal sewage services; and,

e) A short term rental unit shall have a maximum of four (4) guest rooms with an overall total maximum occupancy of 8 persons for the rental unit as a whole.