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Zoning By-law No, 79-200 - October 2018Z O N I N G BY-LAW 79-200 Niagara,1alls November 5, 1979 As Amended by By-laws: 79-220 & 79-237; 81-62; 81-179 - and others to October, 2018 THIS IS AN "OFFICE CONSOLIDATION" CONTACT TUE PLANNING DIVISION OF THE PLANNING, BUILDING & DEVELOPMENT DEPARTMENT FOR INTERPRETATION "This copy is a consolidation of Zoning By-law 79-200 (and as subsequently amended) as approved by the Ontario Municipal Board on February 25, 1981 and is intended for office use only and for convenience only. For accuracy, reference should be made to the amending by-laws and schedules on file in the Clerk's Department. Further, this office consolidation is provided as a courtesy only without municipal obligation to note and certify relevant municipal, regional, provincial and federal enactments nor to provide updates and excerpts of amendments to the text and schedules". TABLE OF CONTENTS SECTION PAGE Title and Interpretation 1 Definitions 2 Zones 22 Classification of Zones 22 Zoning Maps 23 Short Titles 23 "Residential Zone" 23 "Commercial Zone" 23 "Industrial Zone" 24 Zone Boundaries 24 General Provisions 26 Major Constraints 26 Use of Building or Structure 26 Other By-Laws and Requirements 26 Restrictions and Regulations of Other Authorities 26 Public Services 26 Streets and Installations 27 Public Parks 27 Temporary Uses 27 Restoration of Non-Conforming Building 27 Height Exception 28 Prohibited Uses 28 Source Water Protection 29 Bus, Truck, etc. Bodies 29 Municipal Services Required 29 Lot Requirement 29 Reduction of Requirements 30 Exceptions 30 Accessory buildings and Accessory structures 30 Yards 31 Front Yards for Through Lots 32 Daylighting Triangle 32 Screening Device 32 Parking Areas 33 Loading Areas 43 Floodlighting 44 Supplementary Regulations for Car washes 44 Supplementary Regulations for Drive-in restaurants 45 Conversion of Dwellings to Motels 45 Supplementary Regulations for Motels 45 Supplementary Regulations for Outdoor Patios 46 Mobile Homes 47 Road Allowance Requirements - Specific Roads 47 Conversion of Dwellings in Commercial Zones 55 Existing Automobile Service Stations and Gasoline bars 55 Lands within an area of Development Control of the Niagara Escarpment Planning Area 56 Exceptions and Special Provisions in Section 19 to Govern 56 Agricultural Code of Practice and Minimum Distance Separation Formula 56 Tents and Air -Supported Structures 57 Drive- Through Facilities 57 Farm Produce Outlet 58 General Provisions for Residential Zones 59 Side Yards 59 Driveways 59 Undersized Lots 59 Conversions in R4 and R5 Zones 59 Home Occupations 59 Access to Commercial and Industrial Zones from Residential Zones 60 Special Building Setback 60 Existing Places of Worship 60 Special Provisions for a Group Home Type 1 60 Model Homes 60 Second Units Interior to the Primary Dwelling Unit 60 Second Units Within Accessory Buildings 61 Site Plan Control 62 Residential Zones 63 Residential 1A Density Zone (RIA) 63 Residential 1B Density Zone (RIB) 64 Residential 1C Density Zone (R1 C) 65 Residential 1D Density Zone (R1 D) 66 Residential 1 E Density Zone (R1 E) 67 Residential 1F Density Zone (RIF) 69 Residential Mobile Home Park Zone (RMP) 71 Residential and Two Zone (R2) 73 Residential Mixed Zone (R3) 75 Residential Low Density, Grouped Multiple Dwellings Zone (R4) 77 Residential Apartment 5A Density Zone (R5A) 80 Residential Apartment 5B Density Zone (R5B) 81 Residential Apartment 5C Density Zone (R5C) 82 Residential Apartment 5D Density Zone (R5D) 83 Residential Apartment 5E Density Zone (R5E) 84 Residential Apartment 5F Density Zone (R5F) 85 Transition Residential Multiple Zone (TRM) 86 Commercial Zones 87 Neighbourhood Commercial Zone (NC) 87 General Commercial Zone (GC) 89 Deferred Commercial Zone (DC) 92 Planned Shopping Centre Commercial Zone (SC) 93 Central Business Commercial Zone (CB) 95 Tourist Commercial Zone (TC) 98 Camping Establishment Zone (CE) 101 Deferred Tourist Commercial Zone (DTC) 103 Automobile Service Station and Gasoline Bar Zone (AS) 104 Institutional Zone (I) 107 General Provisions for Industrial Zones 109 Industrial Zones 111 Prestige Industrial Zone (PI) 111 Light Industrial Zone (LI) 114 General Industrial Zone (GI) 117 Heavy Industrial Zone (HI) 120 Transportation -Distribution Industrial Zone (TDI) 122 Extractive Industrial Zone (El) 124 Agricultural Zone (A) 126 Rural Zone (R) 128 Open Space Zone (OS) 130 Development Holding Zone (DH) 132 Hazard Land Zone (HL) 133 Parking Zone (P) 134 Parking Holding Zone (PH) 135 Environmental Protection Area Zone (EPA) 136 Exceptions and Special Provisions 137 Administration 282 Validity 282 Penalty 282 Repeal of Other By -Laws 282 CLASSIFICATION OF ZONES, see Section 3 (For reference purposes only - not to form part of by-law) The new zoning by-law proposed to utilize 39 types of use zones as follows: ZONES SHORT TITLES PAGE Residential 1A Density Zone RIA 63 Residential 1B Density Zone RIB 64 Residential 1C Density Zone R1 C 65 Residential 1D Density Zone R1 D 66 Residential 1 E Density Zone R1 E 67 Residential 1F Density Zone RIF 69 Residential Mobile Home Park Zone RMP 71 Residential and Two Zone R2 73 Residential Mixed Zone R3 75 Residential Low Density, Group Multiple Dwelling Zone R4 77 Residential Apartment 5A Density Zone R5A 80 Residential Apartment 5B Density Zone R5B 81 Residential Apartment 5C Density Zone R5C 82 Residential Apartment 5D Density Zone R5D 83 Residential Apartment 5E Density Zone R5E 84 Residential Apartment 5F Density Zone R5F 85 Transition Residential Multiple Zone TRM 86 Neighbourhood Commercial Zone NC 87 General Commercial Zone GC 89 Deferred Commercial Zone DC 92 Planned Shopping Centre Commercial Zone SC 93 Central Business Commercial Zone CB 95 Tourist Commercial Zone TC 98 Camping Establishment Zone CE 101 Deferred Tourist Commercial Zone DTC 103 Automobile Service Station and Gasoline Bar AS 104 Institutional Zone I 107 Prestige Industrial Zone PI 111 Light Industrial Zone LI 114 General Industrial Zone GI 117 Heavy Industrial Zone HI 120 Transportation - Distribution Industrial Zone TDI 122 Extractive Industrial Zone El 124 Agricultural Zone A 126 Rural Zone R 128 Open Space Zone OS 130 Development Holding Zone DH 132 Hazard Land Zone HL 133 Parking Zone P 134 Parking Holding Zone PH 135 Environmental Protection Area Zone EPA 136 CITY OF NIAGARA FALLS By-law No, 79-200 A by-law to regulate the use of land and the erection, use, height, bulk, location, spacing of any other matters relating to buildings and structures, and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Niagara Falls; and WHEREAS there is an official plan in effect in the City of Niagara Falls; and WHEREAS the Council of The Corporation of the City of Niagara Falls deems it desirable to pass this By-law pursuant to section 35 and other provisions or The Planning Act, R.S.O. 1970, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: SECTION 1 - TITLE AND INTERPRETATION 1.1 This By-law may be cited as "the Zoning By-law". 1.2 NUMBERING SYSTEM: The provisions of this By-law have been numbered using a decimal system of numbering and are referred to as "sections" regardless of the number of digits, for example section 2, section 2.17, section 2.17.1. Some sections are divided into clauses, for example 4.14 (h) is referred to as clause h of section 4.14. Some are further divided into subclauses, for example 4.14 (h) (i) is referred to as subclause 1 of clause h of section 4.14. 1.3 REFERENCES TO CERTAIN SECTIONS: Wherever reference is made in this By-law to "section 1, "section 2", "section 3", "section 4", "section 5", or "section 6", etc., it shall be deemed to be a reference to all sections having, respectively, 1, 2, 3, 4, 5 or 6, etc. as the first digit. 1.4 BOLDFACED WORDS: Words which are defined in section 2 of this By-law have, in most cases, been boldfaced where they appear elsewhere in this By-law. The boldfacing is for the purpose of assisting persons in interpreting this By-law but shall not be deemed to form a part of this By-law. The definitions in section 2 shall apply and govern whether or not the defined word or words is or are boldfaced elsewhere in this by-law. 1.5 OTHER WORDS: In this By-law, the word "shall" is mandatory and not directory; words in the singular include the plural; words in the plural include the singular; words used in the present tense include the future. 1 SECTION 2 - DEFINITIONS In this By-law, unless the context requires otherwise: 2.1 "ACCESS DRIVEWAY" means that part of a driveway or passageway which is not within the limits of a street allowance but does not include aisles within the limits of a parking area; 2.2 "ACCESS RAMP" means that part of a driveway or passageway which is within the limits of a street allowance; 2.3 "ACCESSORY BUILDING" means a detached building which is not used for human 2016-03 habitation and is normally and naturally incidental, subordinate and exclusively devoted to the principal use of a lot and located on the same lot as the main building; 2.4 "ACCESSORY STRUCTURE" means a detached structure which is not used for human 2016-03 habitation and is normally and naturally incidental, subordinate and exclusively devoted to the principal use of a lot and located on the same lot as the main building; 2.5 "ACCESSORY USE" means a use that is naturally and normally incidental, subordinate and exclusively devoted to the principal use of a lot and, where a main building or structure is located on such lot, to the principal use of such main buildings or structure; 2.5a "ADULT ENTERTAINMENT PARLOUR" means any premises or part thereof in which is 2002-201 provided, in pursuance of a business, services by an entertainer appealing to or designed to appeal to erotic or sexual appetites or inclinations. 2.5b "Services" means services designed to appeal to erotic or sexual appetites or 2002-201 inclinations and includes activities, facilities, performances, exhibitions, viewings and encounters but does not include the exhibition of film approved under the Theatres Act; 2.5c "Services designed to appeal to erotic or sexual appetites or inclinations" means" 2002-201 (a) Services characterized by any person or persons involved or engaging in specified sexual activities or by an emphasis on the display of human specified body areas; or (b) Services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy" or any other word or any other picture, symbol or representation having like meaning or implication is used in any advertisement, or in respect of which is advertised the availability of "table dancing", or any other form of entertainment held out to be, by reason of its sexual content, not suitable for minors; 2.5d "Specified body areas" means one or more of the follows: 2002-201 (a) In the case of a female person, her nipples, and areolae; and (b) In the case of all persons, the pubic, perineal, perianal areas, the genitals, anus, and the buttocks; 2.5e "Specified sexual activities" means one or more of the following: 2 2002-201 actual or simulated sexual intercourse, masturbation, urination, defecation, ejaculation, sodomy, including bestiality, anal intercourse, oral sexual intercourse, direct physical stimulation of genital organs, and flagellation, bondage or torture in the context of a sexual relationship or activity; 2.5.0.1 "AGRICULTURAL SOURCE MATERIAL" means treated or untreated materials, as defined 2017-65 by the Nutrient Management Act, other than compost that meets the Compost Guidelines, or a commercial fertilizer, if they are capable of being applied to land as nutrients. 2.5.1 "ART GALLERY" means a building or part thereof where works of art, such as paintings, 2008-23 sculpture, pottery, glass and weaving are displayed for public viewing and includes retail sales related thereto. 2.5.2 "ANIMAL CLINIC" means a building or structure or part thereof under the control and 2011.136 supervision of a qualified veterinarian who is a member of the Ontario Veterinarian Association, where animals or birds are given treatment but has no outdoor kennels; 2.6 "ASSEMBLY HALL" means a building or part of a building in which facilities are provided for meetings of a civic, educational, political, religious, social or recreational nature and which facilities are capable of accommodating in excess of 100 persons and includes a public hall within the meaning of The Public Halls Act; 2.7 "ATTIC" means the portion of a building situated wholly or in part within the roof and in which there is not sufficient space to provide a height between finished floor and finished ceiling of at least 2.25 metres over an area of such floor of at least 10.0 square metres. 2.8 "AUTOMOBILE SERVICE STATION" means a building or place where gasoline, lubricants and accessories for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled, greased, or washed, or have their ignition adjusted, tires inflated or batteries charged, or where only minor or running repairs essential to the actual operation of motor vehicles are executed or performed, but shall not include a car wash, a public garage auto body or a public garage mechanical; 2.9 "BASEMENT" means that portion of a building between two floor levels which has at least 50% and not more than 80% of its clear dimension, from finished floor to finished ceiling, above the average adjacent finished grade level; 2.10 "BOARDING OR ROOMING HOUSE" means a dwelling in which the proprietor supplies for gain lodging with or without meals to three or more persons other than the proprietor but does not include a tourist establishment, hotel, hospital, home for the aged or other establishment otherwise classified or defined in this By-law; 2.10a "BODY RUB" includes the kneading, manipulating, rubbing, massaging, touching or 2002-201 stimulating by any means of a person's body or part thereof, but does not include medical or therapeutic treatment given to a person otherwise duly qualified, licensed or registered to do 3 so under the laws of the Province of Ontario; 2,10b "BODY -RUB PARLOUR" means any premises or part thereof where a body -rub is 2002-201 performed, offered or solicited in pursuance of a business. 2.10c "BODY -RUBBER" means an individual person who, in pursuance of a business or calling, 2002-061 provides, performs, offers or solicits body -rubs, or engages in a business involving the provision of receiving of body -rubs by such person; 2.11 "BUILDING" means a structure having a roof, supported by columns or walls and used for the shelter, accommodation or enclosure of persons, animals, goods or chattels; 2.11a 'BUSINESS" includes a trade or occupation. 2.12 "CAR WASH" means a building or structure containing one or more wash bays, coin operated or attended to by staff, wherein cars are mechanically washed; 2.12.1 "CATASTROPHE" means an unanticipated, disastrous loss of part, or all, of a livestock 2007-156 facility due to fire, collapse, flood, wind, or other such event. 2.13 "CELLAR" means that portion of a building between two floor levels which has more than 50% of its clear dimension, from finished floor to finished ceiling, below the average adjacent finished grade level; 2.14 "CLINIC" means a building or part of a building that is used exclusively by physicians, dentists, and drugless practitioners registered under The Drugless Practitioners Act, or any of them, their staff and their patients or clients for the purpose of consultation, diagnosis and office treatment in connection with the practice of medicine, the practice of dentistry or practice as a drugless practitioner but does not include a "body -rub parlour" as defined in The Municipal Act and does not include accommodation for in-patient care; 2.15 "COMMUNITY BUILDING" means a building used for community activities including, 2016-03 but not so as to restrict the generality of the foregoing, arts, crafts, physical, social, and education facilities and not used for overnight accommodation or for any commercial purposes; 2.15.1 "COTTAGE RENTAL DWELLING" means a detached dwelling that is rented 2008-148 in its entirety to one group of travellers at a time for a period of less than 28 days at one time; 2.15.2 "CONSERVATION USE" means the use of the land and/or water for the purpose of planned 2011-136 management of natural resources; 2.15.3 "CONVENIENCE STORE" means an establishment where prepared food, groceries, 2011-136 household items, tobacco, patent medicines, periodicals and other similar items are kept for retail sale to the public and may include automated banking machines, depots for laundry and dry cleaning and media rental. 2.15.4 "DECK" means a raised platform or floor with railings or half walls, but no solid roof, which 2016-03 is located 0.6 metres or greater above the ground, constructed on piers or a foundation, and is used as an outdoor living area; 4 2.16 "DRIVE-IN RESTAURANT" means premises consisting of a building or structure, together with a parking area, from which food, refreshments, dairy products or beverages are offered for sale or sold to the public for consumption either in motor vehicles parked on the parking area or for consumption elsewhere on the premises but not necessarily within such buildings or structure, but does not include a building or structure where food, refreshments, dairy products or beverages are offered for sale or sold to the public only for consumption within the building or structure or off the premises; 2.16.1 "DRIVE-THROUGH FACILITIES" means an establishment that is accessory to a restaurant, 2011-137 retail store or financial institution where products or services are dispensed by an attendant or an automated machine, to persons who remain in vehicles that are in a designated queuing lane. 2.17 "DWELLING" means a building used or capable of being used as the residence of one or more persons but does not include a hotel, motel or other tourist establishment, a mobile home or a trailer; 2.17.1 (a) "DWELLING UNIT" means a unit that, 2018-43 (i) consists of a self-contained set of rooms located in a building or structure; (ii) is used, intended or designed for use as residential premises; and (iii) contains kitchen and bathroom facilities that are intended for the use of the unit only. (b) "SECOND UNIT" means a separate dwelling unit that is smaller in area than the primary dwelling unit and is located either in the same building as the primary dwelling or in an accessory building, or part thereof, which is located on the same lot as the primary dwelling unit. 2.17.2 "DETACHED DWELLING" means a building containing one primary dwelling unit. 2.17.3 "SEMI-DETACHED DWELLING" means a building divided vertically into two primary dwelling units, each with an independent entrance to an exterior. 2.17.4 "DUPLEX DWELLING" means a building divided horizontally into two primary dwelling units, each with an entrance to the exterior that is independent or through a vestibule. 2.17.5 "TRIPLEX DWELLING" means a building containing and constructed so as to provide therein, by horizontal division, three separate dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule. 2.17.6 "QUADRUPLEX DWELLING" means a building divided vertically into four separate dwelling units each with some portion of the accommodation therein at ground level, each sharing two party walls, and each of which has an independent entrance. 2.17.7 (a) "TOWNHOUSE DWELLING" means a building containing three or more separate dwelling units having a common wall between each two adjacent dwelling units, each 5 of which has an independent entrance but does not include any dwelling otherwise defined in this By-law. (b) "ON STREET TOWNHOUSE DWELLING" means a building divided vertically into three or more primary dwelling units and having frontage on an improved street. 2.17.8 "APARTMENT DWELLING" means a building other than a townhouse dwelling, on street townhouse dwelling, or a quadruplex dwelling, comprising four or more dwelling units which may have an independent entrance or a common entrance from the ground level. 2.17.9 "GROUP DWELLINGS" means an arrangement on the same lot of two or more townhouse dwellings or apartment dwellings or a combination thereof. 2.17.9 (a)"EMERGENCY CARE RESIDENCE" means a building and premises operated for the purpose of providing secure, supervised, temporary living accommodations and intervention 2016-03 services for people who are in crisis. The building may include office space and related areas for the non-profit group operating the facility. 2.18 "ERECT" means (with reference to a building or structure), build, construct, reconstruct, enlarge or place and shall include: (a) the moving of a building or structure from one location to another, (b) any physical operation, such as excavating, filling or draining, preparatory to construction, reconstruction, enlarging or placing, and "erected" and "erection" shall have corresponding meaning; 2.18.1 "ESTATE WINERY" means an agriculturally related use on an established vineyard and/or 2012-68 fruit farm for the processing of fruit, fermentation, production, bottling, aging and storage of wine and wine related products where the fruit used in the production shall be grown within the Region of Niagara. An estate winery may also include the following ancillary uses: a wine retail area, hospitality rooms and outdoor patios, and an office; 2.19 "EXISTING" means existing at the date of the passing of this By-law; 2018-42 2.20.1 "FARM PRODUCE OUTLET" means a structure, a building or part of a building for the sale 2016-105 of farm produce grown or produced on-site and may include produce grown elsewhere in the Region, and the sale of value added products related to such produce; 2.21 "FLOOR AREA" means, subject to clauses a and b, the aggregate of the horizontal areas of each floor in a building measured to the centre of party walls and to the outside of other walls; (a) in the case of a dwelling or a dwelling unit, the following shall be excluded in calculating the floor area: any private garage, breezeway, unenclosed sunroom, porch, verandah, balcony, basement, cellar and unfinished attic; (b) the floor area of a dwelling unit means the aggregate of the horizontal areas of each floor contained within the dwelling unit measured to the centre of party walls and to the 6 outside of other walls, subject to the exclusions in clause a; 2.22 "GROSS LEASABLE FLOOR AREA" means the aggregate of the horizontal areas of each floor in a building measured to and including the outside walls but excluding in the case of buildings in a Planned Shopping Centre Commercial Zone all areas to be used in common by and for three or more tenants; 2.23 "GASOLINE BAR" means a building or place where gasoline is kept for sale with or without lubricants and automobile accessories but where no servicing, repair or equipping of motor vehicles is carried on and does not include a car wash; 2.24 "HABITABLE ROOM" means any floor space used or intended to be used for living, sleeping, cooking or eating purposes; 2.25 "HEALTH CENTRE" means a building or part of a building which is used for one or more of the following purposes: a gymnasium, massage room, sauna, steam room, sun room, swimming pool but does not include a "body-rub parlour" or an "adult entertainment parlour" as defined in The Municipal Act; 2.26 "HEIGHT" means (a) in the case of a building, the perpendicular distance measured from the average finished grade level at the front elevation of such building to the highest point of the roof but exclusive of any water tank, ventilating fan, air conditioning and heating unit, elevator or mechanical penthouse or similar enclosure used solely for accommodating machinery or equipment for the mechanical operation of such building, (b) in the case of a structure, the perpendicular distance measured from the average finished grade level at its base to the highest point of such structure; 2.27 "HOME OCCUPATION" means any occupation, except the keeping of boarders or roomers, which is carried on within a dwelling or dwelling unit in compliance with the provisions of this By-law, and which is clearly incidental and secondary to the use of such dwelling or dwelling unit as a private residence; 2.27A "HOSPITAL" means a building, or a part thereof, that is approved under a Provincial Act as 2016-03 a public or private hospital for the medical diagnosis, treatment, care or convalescence of people. 2.27.1 "HOSPITALITY ROOM" means part of a building where wine and food may be served, but 2012-68 does not include the use of commercial cooking equipment on-site for the preparation of food. 2.28 "HOTEL" means a commercial building providing temporary accommodation for travellers or transients on a year round basis and having at least two storeys and 20 bedrooms for guests, a public dining room and public meeting rooms and with all rooms and facilities on each floor connected by an inside corridor or corridors and which may be licensed under The 7 Liquor Licence Act, 1975; 2.28.1 "INDUSTRIAL EFFLUENT SYSTEM" means a system which conveys and discharges the 2017-65 by-product from an industrial process that can contain contaminant from non-domestic wastes. 2.28.2 "INTAKE PROTECTION ZONE" (IPZ) means an area vulnerable to water quality or water 2017-65 quantity threats surrounding a municipal surface water intake as delineated in a Sources Water Protection Plan. 2.29 "LANDSCAPED OPEN SPACE" means an open area which is used for the growth and 2008-148 maintenance of grass, flowers, shrubbery and other landscaping and includes any surfaced walk, patio, swimming pool or similar area, but does not include any surface parking area, bus parking area, roof -top area or any open space beneath or within any building or structure; 2.29.1 "LIVESTOCK FACILITY" means one or more barns or permanent structures with livestock - 2007 -156 occupied portions, intended for or capable of the keeping or housing of livestock. A livestock facility also includes all manure or material storages and anaerobic digesters. 2.30 "LANE" means a public thoroughfare which affords only a secondary means of access to abutting Tots and which is not intended for general traffic circulation; 2.30.1 "LOCAL PRODUCE SHOP" means a retail store ancillary to an agricultural use and/or farm, 2012-68 which sells food products and other agriculturally related products grown or processed within the Region of Niagara. 2.30.2 "LONG TERM CARE HOME" means a building for the care of the aged, established and 2016-03 maintained under the Long Term Care Homes Act, as amended. 2.31 "LOT" means a parcel or tract of land (a) which is a whole lot as shown on a registered plan of subdivision, but a registered plan of subdivision for the purposes of this clause does not include a registered plan of subdivision which has been deemed not to be a registered plan of subdivision by a by- law passed pursuant to section 29 of The Planning Act, R.S.O. 1970, as amended from time to time, or (b) which fronts a street and is a separate parcel of land without any adjoining lands being owned by the same owner or owners on the day of the passing of this By-law, or (c) the description of which is the same as in a deed for which consent has been given pursuant to section 29 of The Planning Act, R.S.O. 1970, as amended from time to time, or (d) is the whole remnant remaining to an owner or owners after a conveyance made with consent given pursuant to section 29 of The Planning Act, R.S.O. 1970, as amended from time to time, provided that, subject to clause d of section 4.27.1, for the purpose of this section, 2.31, no parcel or tract of land ceases to be a lot by reason only of the fact that a part or parts of it has or have been conveyed to or acquired by The Corporation 8 of the City of Niagara Falls, The Regional Municipality of Niagara, or Her Majesty in Right of Ontario, for public highway purposes; 2.31.1 "LOT AREA" means the horizontal area within the lot lines of a lot, excluding the horizontal area of such lot covered by a natural body of water or marsh, or the horizontal area between the rim of the banks of a river or watercourse, provided that only the area of the lot lying within the zone in which a proposed use is permitted shall be counted in calculating the minimum lot area under the provisions of this By-law for such permitted use; 2.31.2 "CORNER LOT" means a lot which is situated at the intersection of and abutting upon two or more streets or parts of the same street provided that the angle contained by two of such Tots' adjacent lot lines that abut the street or streets is not more than 135 degrees; 2.31.3 "LOT COVERAGE" means that percentage of the lot area covered by the ground level area 2016-03 of all buildings and structures, including accessory buildings and accessory structures, on the lot measured to the outside of all exterior walls or sides, but does not include decks; 2.31.4 "LOT DEPTH" means the horizontal distance between the front and rear lot lines; where the front and rear lot lines are not parallel, lot depth means the length of a straight line joining the middle of the front lot line with the middle of the rear lot line; where there is no rear lot line, lot depth means the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot Tines; 2.31.5 "LOT FRONTAGE" means the horizontal distance between the side lot lines measured along a public street; where a lot is a corner lot, the lesser lot line shall be deemed the lot frontage, provided that, where a corner lot has the same dimensions on the two streets upon which it abuts, the frontage abutting the street upon which the building or structure erected or to be erected has its principal entrance shall be deemed to be the frontage; where side lot lines are not parallel, the lot frontage shall be the distance between the side lot lines measured along a line drawn parallel to the front lot line at the minimum distance from the front lot line permitted for the erection of buildings or structures but in no case shall the width of a lot, measured along the front lot line, be more than 3 metres less than the minimum lot frontage specified in any of the regulations or supplementary regulations contained in this By-law. 2.31.6 "INTERIOR LOT" means a lot other than a corner lot; 2.31.7 "LOT LINE" means any boundary of a lot; 2.31.8 "FRONT LOT LINE" means, in the case of an interior lot, the line dividing the lot from the street; where the lot is a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line and the longer lot line abutting a street shall be deemed to be an exterior side lot line, provided that, where a corner lot has the same dimensions on the two streets upon which it abuts, the lot line abutting the street upon which the building or 9 structure erected or to be erected has its principal entrance shall be deemed to be the front lot line; where the lot is a through lot, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line; 2.31.9 "REAR LOT LINE" means the lot line farthest from and opposite to the front lot line; where 2002-061 the lot is triangular in shape and there is no rear lot line, the rear lot line shall then be the point where the side lot lines meet and shall be the point of intersection further from and most opposite the front lot line. 2.31.10 "SIDE LOT LINE" means a lot line other than a front lot line or a rear lot line; 2.31.11 "THROUGH LOT" means an interior lot that abuts more than one street; 2.32 "MOBILE HOME" means a dwelling unit that is designed to be made mobile and to be transported, after it has been constructed or manufactured, to a mobile home site to provide a permanent residence and which is suitable for occupancy as a dwelling unit at the time it is placed on the mobile home site except for minor and incidental unpacking and assembly operations, placement on a mobile home sites and connection to utilities; 2.32.1 "MOBILE HOME PARK" means a parcel of land containing two or more mobile home sites and which is under single management and ownership and includes all accessory buildings and accessory structures incidental to the operation thereof; 2.32.2 "MOBILE HOME SITE" means a parcel of land within a mobile home park intended to be occupied by one mobile home together with all yards required by this By-law; 2.32.3 "MODEL HOME" means a dwelling which is not occupied for human habitation but used for 2008-148 the purpose of temporary display to the public and where a portion of this dwelling may be used as a sales office for the dwelling units to be constructed; 2.33 "MOTEL" means a building or buildings or part thereof consisting of a number of motel units and catering primarily to the travelling public by supplying overnight sleeping accommodation with or without meals and which may be licensed under The Liquor Licence Act, 1975, but does not include a hotel; 2.33.1 "MOTEL UNIT" means a room or suite of a motel which is capable of being rented separately and which has its own bathroom; 2.33.2 "MUSEUM" means a building or part thereof used for the preservation and presentation of 2008-23 works of art or cultural or historical or scientific objects and information and open to the recreation and education of the public and includes sales related thereto. 2.34 "NEW CAR AGENCY" means an establishment comprising a lot and a building thereon having a minimum floor area of 550 square metres from which new automobiles are sold and serviced, and may include the following additional uses: • retail sales of gasoline and oil • lubrication 10 • mechanical, body and paint shop • incidental car washing • open storage of new automobiles and vehicles traded as a term of the sale of a new automobile • any accessory use; 2.35 "NURSERY SCHOOL" or "DAY NURSERY" means a day nursery within the meaning of The Day Nurseries Act; 2.36 "OFFICE" means a room or suite of rooms designated, intended or used for the conduct of a profession, occupation or business, but shall not include a veterinarian office, the retailing of merchandise, the manufacturing, repairing or storage of goods or any assembly hall, place of entertainment, "body rub parlour" as defined in The Municipal Act, "adult entertainment parlour" as defined in The Municipal Act, or pin ball or electronic game machine establishment; 2.36A "OUTDOOR PATIO" means an area set aside out of doors, covered or uncovered, for use 2016-03 by customers in connection with, and in addition to, the operation of a commercial use for consumption of food and beverages; 2.36.1 "TIMESHARE SALES OFFICE" means a room or a suite of rooms designated, intended or 99-79 used to sell local, national, and international accommodations for a particular period of time, and may include ancillary model suites and a child care facility for potential customers; 2.37 "PARKING AREA" means an area provided for the parking of motor vehicles and includes any related aisles and parking spaces and may include a private garage; 2.37.1 "SURFACE PARKING AREA" means an area or areas of land which is surfaced with 2008-148 concrete, asphalt, gravel or equivalent and provided and maintained for the purpose of temporary parking or storage of vehicles including any access driveway or ramp, parking spaces and aisles; 2.37.2 "BUILDING OR STRUCTURE PARKING AREA" means a parking area in a building or structure and includes roof parking in or on such building or structure. 2.38 "PARKING LOT" means any open area used for the temporary parking or storage of five or more motor vehicles other than a parking area required under the provisions of section 4.19.1 of this By-law; 2.39 "PARKING SPACE" means an area of not less than 18 square metres and a perpendicular width of not less than 3 metres throughout, both exclusive of any aisles and access driveways, for the temporary parking or storage of motor vehicles, and may include a private garage; 2.40 "PERSONAL SERVICE SHOP" means a building or part thereof in which persons are 2009-176 employed in furnishing services and otherwise administering to the individual and personal needs of persons, comprising of the premises of a barber, hairdresser, beautician, 11 manicurist, pedicurist, tailor, dressmaker and/or shoemaker, as well as a laundromat, dry cleaner's distribution station, tanning salon, tattoo studio, pet grooming shop and a place for dog obedience classes, but shall not include a body rub parlour. The sale of merchandise shall be permitted only as an accessory use to the personal service provided; 2.41 "PINBALL OR ELECTRONIC GAME MACHINE ESTABLISHMENT means a building or part 2013-14 of a building in which 3 or more pinball or other mechanical or electronic game machines are available to the public. 2.42 "PLACE OF ENTERTAINMENT" means an arena, auditorium, public hall, bowling alley, ice 2013-14 or roller skating rink, curling rink, dance hall, music hall, theatre, cinema, pinball or electronic game machine establishment, carnival show, circus, mechanical amusement ride or device and billiard or pool room, but does not include; (i) a "body-rub parlour" or an "adult entertainment parlour" as defined in The Municipal Act. 2.42(a) "PREMISES" includes a building or any part thereof, and any place. 2.42(b) "PRIMARY" means the principal use of a lot or a building. 2.43 "PRIVATE CLUB" means a building or part of a building used as a meeting place for members of a charter organization including a lodge or fraternal organization but does not include a motorcycle club; 2.44 "PRIVATE GARAGE" means a detached accessory building or part of a main building 2011-136 designed or used for parking or storage of vehicles of the occupants of the dwelling and in which no repair or service is rendered for profit or gain; 2.45 Deleted by By-law 2016-03. 2.46 "PUBLIC GARAGE, AUTO BODY" means a building or place used as a motor vehicle repair shop including auto body repairs and spray painting and where automobile fuels or lubricants may be stored or kept for sale and where mechanical repairs, washing or cleaning of motor vehicles may be carried on but does not include a car wash; 2.47 "PUBLIC GARAGE, MECHANICAL" means a building or place used for the mechanical repair or equipping of motor vehicles and where any sale of automobile fuels or lubricants is incidental to the main use and where the washing and cleaning of motor vehicles may be carried on but does not include a public garage auto body, a car wash or an automobile service station; 2.48 "PUBLIC PARK" means a park owned or under the jurisdiction of The Corporation of the City of Niagara Falls, The Niagara Parks Commission or any other public board, commission or authority established under any statute of the Province of Ontario including recreational uses and parking facilities; 2.49 "RECREATIONAL USES" means a use of land for parks, playgrounds, tennis courts, lawn 12 bowling greens, indoor and outdoor skating rinks, curling rinks, athletic fields, golf courses, golf driving ranges, miniature golf courses, picnic areas, swimming pools, day camps, community centres, and all similar uses, together with necessary and accessory buildings and accessory structures but does not include (i) a track for the racing of animals, motor vehicles, motorcycles, go-karts, snowmobiles or other vehicles, machines or conveyances or (ii) a carnival show, circus, merry-go-round, miniature or switchback railway, carousel, ferris wheel, roller coaster or other mechanical amusement ride or device; "RESERVE" (see section 2.66) 2.50 "RESTAURANT" means a building or structure or part thereof in which food is prepared and offered for sale to the public for consumption within the building or structure and which may be licensed under The Liquor License Act, 1975 but does not include a drive-in-restaurant; 2.51 "RETAIL STORE" means a building or part of a building in which goods, wares, 2002-061 merchandise, substances or articles are offered or kept for sale at retail or rental. 2.51a "ADULT STORE " means: (a) any adult videotape store; or (b) any store used for the carrying on of the business of the provision of adult videotapes; adult goods; adult magazines; or the showing or viewing of adult videotapes, or any combination of any or all of them, but does not include a store 2002-199 where the provision of adult videotapes, adult goods, adult magazines, or any combination of them is only incidental to the carrying on of the business of the provision and display of videotapes, magazines or goods. 2.51b "ADULT VIDEOTAPE STORE" means any premises used for the carrying on of the business of the provision of adult videotapes but does not include a store where the provision of adult videotapes is only incidental to the carrying on of the business of the provision and display of adult videotapes. 2.51c "ADULT VIDEOTAPE" means any videotape the content or container of which is designed or held out as designed, to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject-matter distinguished or characterized by the portrayal of one or more persons involved or engaging in specified sexual activities, or by an emphasis on the display of human specified body areas, and any videotape classified by the Ontario Film Review Board as "restricted", with the added information piece "adult sex film". 2.51d "VIDEOTAPE " means any cinematographic film, videotape, disc, and any other medium from which may be produced visual images that may be viewed as moving pictures. 2.51 e "ADULT GOODS" means goods appealing or designed to appeal to erotic or sexual appetites or inclinations, described as follows: dildos, vibrators and other masturbatory devices; toys, 13 2.51f 2.51.1 2008-148 2.52 2.53 2.54 2.55 2.56.1 devices and novelties described or advertised as appropriate due to their sexual nature or use only for adults; clothing, devices and other goods advertised as related, or relating, to fetishism, or otherwise used for the satisfaction of sexual appetites or interests; goods generally referred to as "erotica"; any postcard, photograph or other pictorial photographic or graphic depiction of subject matter distinguished or characterized by the portrayal of one or more persons involving or engaging in specified sexual activities, or by emphasis on the display of human specified areas; and any other goods referred to as "adult" in a sexual context, individually or in any combination thereof. "ADULT MAGAZINE" means any magazine, the content or cover of which is designed or held out as designed, to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by the portrayal of one or more persons involved or engaging in specified sexual activities, or by emphasis on the display of human specified body areas. 'RETIREMENT HOME" means a residence providing accommodation primarily for persons or couples with limited physical disabilities brought on by age or other infirmity for which some degree of physical assistance is required and where each private living unit has a separate private bathroom and separate entrance from a common hall, but where common facilities for the preparation and consumption of food are provided, and common lounges, recreation rooms and medical care facilities may also be provided; "SERVICE SHOP" means a building or part of a building used for the servicing or repair of household articles and includes radio, television and appliance repair shops and business machine service shops but does not include industrial or manufacturing uses, a public garage auto body or a public garage mechanical; "SPLIT LEVEL BUILDING" means a building in which the first floor above finished grade is so constructed as to create two or more different levels, the vertical distance between such levels being always less than a full storey; "STOREY" means the portion of a building, other than a cellar or attic, between the surface of one floor and the surface of the floor, ceiling or roof next above it. A basement shall be considered a storey in this By-law; "HALF STOREY" means the portion of a building situated wholly or partly within the roof and in which there is sufficient space to provide a height between finished floor and finished ceiling of at least 2.25 metres over an area of such floor of at least 10 square metres. "STREET" means a common or public highway having a minimum width of 12 metres which affords a principal means of access to abutting lots and includes a highway, road, boulevard and parkway under the jurisdiction of The Niagara Parks Commission but does not include a lane, an unopened road allowance or a highway which is within a registered plan of subdivision by a by-law passed pursuant to section 29 of the Planning Act, R.S.O. 1970, as 14 amended from time to time; 2.56.2 "IMPROVED STREET" means a street which has been constructed in such a manner so as to permit its use by the general public for the passage of normal vehicular traffic on a year round basis and, in addition to the foregoing, in the case of a street that is under the jurisdiction of The Corporation of the City of Niagara Falls, the maintenance of such street has been assumed by the said Corporation and such street is eligible for subsidy purposes under The Public Transportation and Highway Improvement Act; 2.57 "STREET LINE" means the dividing line between a lot and a street; 2.58 "STRUCTURE" means anything constructed or erected, the use of which requires location on the ground, or attached to something having location on the ground and includes a mobile home. 2.58.1 "STORMWATER MANAGEMENT FACILITY" means a facility for the treatment, 2017-65 retention, infiltration or control of stormwater. 2.59 "TRAILER" means a vehicle or structure so constructed that it is capable of being attached to and drawn by a passenger motor vehicle and is used in connection with travel, recreation or vacation to provide temporary living, sleeping or eating accommodation of persons therein and includes a travel trailer, a tent trailer and similar transportable accommodation but does not include a mobile home; 2.59.1 "TRAILER CAMP" means a parcel of land containing two or more trailer sites which is used for temporary or seasonal occupancy by trailers, recreational vehicles and tents and which is under single management and ownership and includes all accessory buildings and accessory structures incidental to the operation thereof. 2.59.2 "TRAILER SITE" means a parcel of land within a trailer camp intended to be occupied by one trailer and one motor vehicle; 2.60 "USE", where it appears as a noun, means the purpose for which land or building or structure, or any combination or part thereof, is designed, arranged, occupied, maintained or used or intended to be occupied, maintained or used; 2.60.1 "USE", where it appears as a verb, includes occupy or maintain and "USED" shall have a corresponding meaning; 2.61 "USED CAR LOT" means a lot with or without buildings where used motor vehicle are stored, sold, offered for sale or kept for sale; 2.61A "VALUE ADDED PRODUCT" means a product that is produced by changing the physical 2016-105 state or form of the farm produce and enhancing its value; 2.61.1 "VEHICLE" means an automobile, truck or other automobile, a motor home, a 2008-148 motorcycle, a snowmobile, a boat, a personal watercraft, a recreational vehicle, and a trailer or any other device which is capable of being driven, propelled or drawn by any kind of 15 power, but does not include a bicycle or any other device powered solely by means of human effort; 2.62 Deleted by By-law No. 2011-136. 2.63 "WAREHOUSE" means a building or part of a building used for the bulk storage of goods, wares, merchandise, substances or articles and includes a wholesale establishment but does not include any premises where any goods, wares, merchandise, substances or articles are offered or kept for sale at retail; 2.63.1 "WASTE DISPOSAL SITE" means the application of untreated septage, the storage, 2017-65 treatment and discharge of tailings from mines and waste disposal sites as defined under Part V of the Ontario Environmental Protection Act with respect to Source Water Protection. 2.63.2 "WASTEWATER TREATMENT PLAN" means the part of a sewage works that treats or 2017-65 disposes of sewage but does not include the part of the sewage works that collects or transmits sewage. 2.64 "WHOLESALE ESTABLISHMENT" means a building or part of a building where goods, wares, merchandise, substances or articles are stored in bulk for sale in wholesale quantities but does not include any premises where any goods, wares, merchandise, substances or articles are offered or kept for sale at retail; 2.64.1 "WORKS OF A CONSERVATION AUTHORITY" means projects undertaken by a 2011-136 Conservation Authority to protect or enhance areas under their control; 2.65 "YARD" means a space, appurtenant to a building or structure, located on the same lot as such building or structure, and which space is open, uncovered and unoccupied from the ground to the sky subject to the specific exceptions contained in this By-law; 2.65.1 "FRONT YARD" means a yard extending across the full width of a lot between the front lot line of such lot and the nearest part of the main building or structure on such lot; 2.65.2 "FRONT YARD DEPTH" means the least horizontal dimension between the front lot line of a lot and the nearest part of the main building or structure on such lot; 2.65.3 "REAR YARD" means a yard extending across the full width of a lot between the rear lot line and such lot and the nearest part of the main building or structure on such lot; 2.65.4 "REAR YARD DEPTH" means the least horizontal dimension between the rear lot line of a lot and the nearest part of the main building or structure on such lot; 2.65.5 "SIDE YARD" means a yard extending from the front yard to the rear yard between the side lot line of a lot and the nearest part of the main building or structure on such lot; 2.65.6 "SIDE YARD WIDTH" means the least horizontal dimension between the side lot line of a lot and the nearest part of the main building or structure on such lot; 2.65.7 "EXTERIOR SIDE YARD" means a side yard abutting a street or reserve; 2.65.8 "INTERIOR SIDE YARD" means a side yard other than an exterior side yard; 16 2.65.9 "REQUIRED YARD" means a yard having not less than the minimum depth or width, as the case may be, required under the provisions of this By-law and "required front yard", "required side yard" and "required rear yard" shall have a corresponding meaning; 2.66 "RESERVE" means a strip of land owned by the Province of Ontario, The Regional Municipality of Niagara or The Corporation of the City of Niagara Falls which abuts an opened or unopened highway, allowance for road or lane and which separates such highway, allowance for road or lane from adjacent lands; a reserve may be, but is not limited to, a 1 foot reserve or a 0.3 metre reserve. 2.67 "GROUP HOME TYPE 1" means a residence licensed, supervised, approved or funded under a federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding staff, living under responsible supervision and who, by reason of their intellectual, mental health, social or physical condition or legal status, require a group living environment for their well being, but does not include a Group Home Type 2. 2.67.1 "GROUP HOME TYPE 2" means a residence licensed, supervised, approved or funded under a federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding staff, that is maintained and operated primarily for persons who have been placed on probation or released on parole under provincial or federal statute, or youth who have been charged under provincial or federal statute and who have been placed in detention or custody. 2.68 'MEDICAL MARIJUANA FACILITY" means the use of a building or lot for the cultivation, processing, testing, destruction, packaging or shipping of medical marijuana 2015-134 licensed under the Marijuana for Medical Purposes Regulations (S.O.R. 2013-119 as amended from time to time), promulgated pursuant to the Controlled Drugs and Substances Act, S.C. 1996, c. 19, as amended from time to time. 2.69 "SENSITIVE LAND USE" means any use that may be adversely affected by the proximity of a Medical Marijuana Facility including, without limiting, the generality of the foregoing, 2015-134 residential uses, campgrounds, child care facilities, playgrounds, schools, parks and Institutional uses. 17 18 19 20 SECTION 3 - ZONES 3.1 CLASSIFICATION OF ZONES: For the purpose of this By-law, the following defined areas of the City of Niagara Falls, namely: (a) all of the former Village of Chippawa, and (b) all of the remaining part of the City of Niagara Falls lying north of the middle of the main channel of the Welland River are hereby divided into the following zones, which are hereby established and the lands included in each zone are shown on the Zoning Maps appended hereto as Schedule "A". ZONES SHORT TITLES Residential 1A Density Zone RIA Residential 1B Density Zone R1 B Residential 1C Density Zone R1 C Residential 1D Density Zone RI D Residential 1 E Density Zone RI E Residential 1F Density Zone RI F Residential Mobile Home Park Zone RMP Residential and Two Zone R2 Residential Mixed Zone R3 Residential Low Density, Group Multiple Dwelling Zone R4 Residential Apartment 5A Density Zone R5A Residential Apartment 5B Density Zone R5B Residential Apartment 5C Density Zone R5C Residential Apartment 5D Density Zone R5D Residential Apartment 5E Density Zone R5E Residential Apartment 5F Density Zone R5F Transition Residential Multiple Zone TRM Neighbourhood Commercial Zone NC General Commercial Zone GC Deferred Commercial Zone DC Planned Shopping Centre Commercial Zone SC Central Business Commercial Zone CB Tourist Commercial Zone TC Camping Establishment Zone CE Deferred Tourist Commercial Zone DTC Automobile Service Station and Gasoline Bar AS 21 Institutional Zone Prestige Industrial Zone PI Light Industrial Zone LI General Industrial Zone GI Heavy Industrial Zone HI Transportation - Distribution Industrial Zone TDI Extractive Industrial Zone El Agricultural Zone A Rural Zone R Open Space Zone OS Development Holding Zone DH Hazard Land Zone HL Parking Zone P Parking Holding Zone PH Environmental Protection Area Zone EPA 3.2 ZONING MAPS: The Zones aforesaid and the boundaries of such Zones are shown on one or more of the Zoning Maps appended thereto as Schedule "A", referred to in this By-law as 2004-14 "Zoning Maps", each of which Zoning Maps and the Key Map contained in the said Schedule 2012-60 "A" and the Setback Plans appended hereto as Schedules "B-1", "B-2", "B-3" and "B-4", Schedule "C" and Schedules "C -A" through to and including "C -F" and Schedules "C -H" through to and including "C -K", and Schedule "D" together with all titles, symbols, notations, references and information shown therein shall form a part of this by-law to the same extent as if fully described in the text of this By-law.". 3.3 SHORT TITLES: The short titles of the Zones listed in Section 3.1 may be used to refer to buildings and structures and uses of buildings, structures and land permitted by this By-law in such Zones; and whenever in this By-law the word "Zone" is used preceded by any of the said short titles, such references shall mean any area of the City of Niagara Falls delineated and designated on the said Zoning Maps by such short title. 3.3.1 "RESIDENTIAL ZONE": The expression "residential zone", whenever used in this By-law, means an area of the City of Niagara Falls delineated on a Zoning Map and designated therein as R1A, RIB, R1C, R1 D, R1E, R1F, RMP, R2, R3, R4, R5A, R5B, R5C, R5D, R5E, R5F or TRM. 3.3.2 "COMMERCIAL ZONE": The expression "commercial zone" whenever used in this By-law, means an area of the City of Niagara Falls delineated on a Zoning Map and designated therein as NC, GC, DC, SC, CB, TC, CE, DTC, AS, P or PH. 22 3.3.3 "INDUSTRIAL ZONE": The expression "industrial zone" whenever used in this By-law means an area of the City of Niagara Falls delineated on a Zoning Map and designated therein as PI, LI, GI, HI, TDI or El. 3.4 ZONE BOUNDARIES: Where any uncertainty exists with respect to the boundary of any zone as shown on the Zoning Maps, the following rules shall apply: (a) a boundary indicated as following a highway, street or lane shall be the centre line of such highway, street or lane; (b) where a street or part of a street referred to in Section 4.27.1 of this By-law as a Type A, Type B, Type C, Type D, Type E or Transitional street. (i) forms a boundary between zones, it is shown on the Zoning Maps by one or more of the respective symbols set forth in Column 2 of the following Table: Column 1 Column 2 Type of Street Symbol Type A (Green) Type B (Salmon) Type C (Magenta) Type D (Cyan) Type E (Gold) MANNAMAAMMAMMAM Transitional (Red) 111111111111111111111111111111 (ii) does not form a boundary between zones, it is shown on the Zoning Maps by one or more of the respective symbols set forth in Column 2 of the following Table: Column 1 Column 2 Type of Street Symbol Type A (Green) Type B (Salmon) Type C (Magenta) Type D (Cyan) Type E (Gold) Transitional (Red) 11111111111111111111111111111 (c) generally, boundaries between zones are indicated either by an unbroken heavy line or by one or more of the symbols set forth in subclause I of clause b of this section. 23 (d) a boundary indicated as following a watercourse, creek, stream, power canal, or the right- of-way of a railway or of an electrical, gas or oil transmission line shall be the centre line of such watercourse, creek, stream, power canal or right-of-way; (e) a boundary indicated as approximately following lot lines shall follow such lot lines; (f) in every case, where (i) any street or lane or portion thereof is altered, diverted or closed, (ii) the right-of-way of a railway or of an electrical, gas or oil transmission line or portion of any such right-of-way is altered, diverted or ceases to be used for railway purposes or transmission line purposes, (iii) a watercourse or portion thereof is altered or diverted, the land formerly included in such street, lane, railway right-of-way, transmission line right-of-way or watercourse, or portion thereof shall be included within the zone adjoining such land. Where such land formed a boundary between different zones, the new zone boundaries shall be the former centre line of such street, lane, railway right-of-way, transmission line right-of-way or watercourse; where any zone boundary remains uncertain after the application of the rules set forth in clauses a to f inclusive, then the boundary shall be determined by scale from the Zoning Map or Maps. (g) SECTION 4 - GENERAL PROVISIONS 4.1 MAJOR CONSTRAINTS: No person shall in any zone established by this By-law use any land or erect or use any buildings or structure: (a) for any purpose except for the use or uses set forth in this By-law as a permitted use or uses in such zone, and (b) except in conformity with the regulations and other provisions of this By-law in respect to such zone. 4.2 USE OF BUILDING OR STRUCTURE: No person shall in any zone established by this By- law use any building or structure erected after the passing of this By-law unless it was erected in accordance with the provisions of this By-law in respect to such zone. 4.3 OTHER BY-LAWS AND REQUIREMENTS: Nothing in this By-law shall relieve or exempt any person from the obligation to comply with the requirements of any other by-law of The Corporation of the City of Niagara Falls in force from time to time or from the obligation to obtain any license, permit, authority or approval required under any other by-law of The Corporation of the City of Niagara Falls. 4.3.1 RESTRICTIONS AND REGULATIONS OF OTHER AUTHORITIES: Nothing in this By-law shall be deemed to reduce or mitigate any restrictions or regulations lawfully imposed by a governmental authority having jurisdiction to make such restrictions or regulations. 4.4 PUBLIC SERVICES: The provisions of this By-law shall not apply to prevent the use of any land or the erection or use of any building or structure for the purpose of public service by 87-195 The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, or by any local board as defined in The Municipal Affairs Act, the Niagara Peninsula Conservation 81-62 Authority, The Niagara Parks Commission, the Ministry of Training, Colleges and Universities 2016-03 Act; and any Department or Ministry of the Government of Canada or Ontario including Ontario Hydro, or by any railway, power commission, telephone, telecommunication, or gas company or other utility supplying public services provided that: (a) any building and land used or occupied shall be designed and landscaped in accordance with the general character of the zone in which such building and land are located; (b) no goods, material or equipment shall be stored in the open unless open storage is permitted in the zone in which the land is located; 79-237 (c) any building to be erected for any of the above purposes shall be erected in conformity with the regulations set forth in this By-law in respect of the zone in which such building is located, provided that for the purpose of this clause building shall not include a kiosk, gazebo, shelter or similar structure to be erected on a street with the approval of The Corporation of the City of Niagara Falls and, where such street is under the jurisdiction 25 and control of another road authority, the approval of such road authority. (d) any building to be erected in any residential zone or institutional zone for the purpose of a school or other educational institution shall be located on a lot having a minimum 196.85 ft lot frontage of 60 metres and shall have a minimum front yard depth, side yard 24.62 ft. width(on both sides) and rear yard depth of 7.5 metres in each case; and (e) notwithstanding any of the forgoing provisions, the construction or operation of an incinerator, pollution control plant, sewage lagoon, waste stabilization pond or other work or facility for storing or treating sewage, sludge lagoon, sludge storage or transfer site, service garage, sanitary landfill or disposal area of any kind shall not be permitted on lands in any residential zone established in this By-law. 4.4.1 STREETS AND INSTALLATIONS: Nothing in this By-law shall prevent the use of any land for a street or lane or prevent the construction, installation, operation and maintenance of water and gas pipes and mains, sanitary and storm sewers, pipes and mains, electrical transmission and distribution lines, cables and conduits, telephone and television lines, cables and conduits, provided that the location of any such pipe, main, line, cable or conduit has been approved by The Corporation of the City of Niagara Falls and provided further that where so required under the provisions of any subdivision agreement of The Corporation of the City of Niagara Falls the electrical, telephone and television lines, cables and conduits shall be underground. Notwithstanding the generality of the foregoing, the approval of the Corporation of the City 81-62 of Niagara Falls under this Section 4.4.1 for the location of any pipe, main, line, cable or conduit shall not be required for the location of any such pipe, main line, cable or conduit #37 which has been authorized pursuant to the provisions of the Environmental Assessment Act, 1975. 4.4.2 PUBLIC PARKS: Nothing in this By-law shall apply to prevent the use of any land or the erection and use of any building or structure for the purpose of a public park. 4.5 TEMPORARY USES: Nothing in this By-law shall prevent the erection or use of a toolshed, scaffold or other building or structure incidental to construction work on the lot where it is situated for so long only as it is necessary for the work in progress provided, however, that this section shall cease to apply when such work has been completed or abandoned. For the purpose of this section "abandoned" means failure to proceed expeditiously with the construction work. 4.6 RESTORATION OF NON -CONFORMING BUILDING: Nothing in this By-law shall apply to 2011-136 prevent the strengthening, restoration to a safe condition or rebuilding of any building or structure or part thereof which at the day of the passing of this By-law was lawfully used for a purpose prohibited by this By-law, provided that such strengthening, restoration or rebuilding will not increase the exterior dimensions or floor area of the original building or structure. 26 4.7 2013-14 2016-03 4.8 Notwithstanding the foregoing, nothing in section 4.6 shall be interpreted or applied such as to restrict the rights attached to any land or buildings pursuant to section 34(9) of the Planning Act, R.S.O. 1990, c. 13 or any successor thereto. HEIGHT EXCEPTION: The height regulations of this By-law shall not apply to church spires, belfries, chimneys, water tanks, elevator or mechanical penthouses, flag poles, clock towers, radio, telephone, television or telecommunication towers and antennae, tents and mechanical amusement rides or devices in any Zone except as hereinafter provided or to farm buildings and farm structures (which shall not include buildings or structures to be erected or used for the purpose of human habitation in an A Zone, an R Zone or an OS Zone and shall not apply to the following types of structures and buildings in HI Zones. PROHIBITED USES: Unless specifically listed as a permitted use in any zone established by this By-law, each of the following uses are prohibited in such zone: (a) abattoir (b) automobile wrecking yard, or the collection, storage or sale of: (i) motor vehicles which are not in running condition, (ii) partially or completely dismantled motor vehicles or other vehicles, or (iii) parts of motor vehicles or other vehicles (c) bulk storage of gasoline, oil or other inflammable liquids or gases (d) coke manufacture (e) distilling, boiling or rendering of bones, blood, tripe (f) extracting oil from fish or animal matter (g) incineration, reduction or disposal through burying of garbage, offal, refuse of dead animals, refuse or industrial wastes or wastes of any kind except a municipally operated incinerator or landfill site and except a privately -operated incinerator or disposal area which is an accessory use to and on the same lot as a principal use permitted in this By- law and which has received the approval of the Ministry of the Environment and all other required approvals. (h) making or establishment of a pit or quarry (i) manufacturing or processing of asphalt (j) manufacturing or processing of cement (k) manufacturing gas (I) manufacturing glue (m) manufacturing, refining or processing acid, ammonia, chlorine (n) manufacturing or storing of explosives, ammunition or fireworks (o) poultry processing plant (p) processing of waste products, either animal or fish and including blood, offal, skins, hides, bones and condemned meat or fish 27 (q) rendering of fat, grease, lard or tallow (r) refining petroleum or petroleum products (s) salvage yard, junk yard (t) sewage disposal plant except a municipally operated sewage disposal plant (u) slaughter house (v) stock yard (w) tannery for the curing, storing or finishing of hides, skins, leather (x) locating or storing on any land for any purpose whatsoever any disused railroad car or part thereof, street car or part thereof, truck body or part thereof, bus body or part thereof, whether or not the same is situated on a foundation. 98-03 (y) body -rub parlour Repealed by By-law 2002-201 4.8.A 2017-65 4.8.1 4.9 4.10 4.11 81-179 SOURCE WATER PROTECTION: Notwithstanding any other provisions of the by-law to the contrary, the following uses shall be prohibited within the Intake Protection Zone designated IPZ1 on Sheet E6 of Schedule "A" to this by-law: (a) waste disposal site; (b) stormwater management facility or the expansion of a storm water management facility existing prior to June 13, 2017; (c) industrial use not permitted by this by-law prior to June 13, 2017; (d) commercial use not permitted by this by-law prior to June 13, 2017; (e) wastewater treatment plant; (f) industrial effluent system; and, (g) agricultural use, including the storage or application of agricultural source material. BUS, TRUCK, ETC. BODIES: Without limiting the application of clause x of Section 4.8, unless specifically permitted in this By-law, no person shall in any zone established by this By- law, erect or use for the purpose of human habitation any structure consisting of all or part of the body of any bus, truck, railroad car, street car or other vehicle whether or not the same is mounted on wheels or other form of mounting or foundation. MUNICIPAL SERVICES REQUIRED: Unless otherwise provided for in this By-law, no person shall in any residential zone, commercial zone or institutional zone, erect and use a dwelling or a building containing one or more dwelling units or locate or use a mobile home unless such dwelling or building or mobile home is served by a municipal water supply and sanitary sewage system. Deleted by by-law No. 2011-136. LOT REQUIREMENT: Except as otherwise specifically permitted in this By-law, no person shall erect a building or structure in any zone except upon a lot, as defined in this by-law 28 #15 which (i) fronts or abuts upon an improved street or a street being constructed in a plan of subdivision by the Corporation of the City of Niagara Falls pursuant to the subdivision agreement and (ii) has not Tess than such lot area, lot frontage and lot depth as are set out in the regulations for such zone as the minimum lot area, lot frontage and lot depth. 4.12 REDUCTION OF REQUIREMENTS: No person shall change the purpose for which any land, building or structure is used or erect any new building or structure or sever any land from any existing parcel of land if such change, erection or severance creates a situation in which there is a contravention of any provision of this By-law applicable to the original, adjoining, remaining or new building, structure or parcel of land. 4.12.1 EXCEPTIONS: The fact that a part of parts of a parcel of land has or have been conveyed to or acquired by The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara or Her Majesty in Right of Ontario for public highway purposes shall not be deemed to be in contravention of Section 4.12 4.13 ACCESSORY BUILDINGS AND ACCESSORY STRUCTURES: (a) Except as otherwise specifically permitted in this By-law, no accessory building or accessory structure shall be erected in a front yard, a rear yard or a side yard. (b) Subject to Section 4.27.1 but notwithstanding any other provisions of this By-law, no accessory building or accessory structure shall be erected on a corner lot closer 14.76 ft. than 4.5 metres to the side lot line abutting a street line or a reserve. (c) An accessory building or accessory structure may be erected in an interior side 3.94 ft yard provided that it is distant not less than 1.2 metres from the side lot line. Notwithstanding the foregoing, common semi-detached private garages may be 2016-03 centred on the mutual lot line if erected simultaneously on two abutting lots and as one building. (d) subject to section 4.27.1, an accessory building or accessory structure may be erected in a rear yard of a lot provided that it shall not be less than 0.45 metre from any lot line 2016-03 and no overhanging roof, eaves or gutter shall project more than 0.3 metre into any required yard or be less than 0.15 metre from any lot line. (e) An attached private garage or carport which is erected as part of the main building shall not be deemed an accessory building or accessory structure and shall comply with all yard requirements for the main building. 82-283 (f) except as otherwise specifically permitted in this by-law, no person shall, in any residential zone, DH zone, A zone, R zone, DC zone or DTC zone, erect any accessory building or accessory structure having a greater height than 3 metres, provided that an 2016-03 accessory building with a pitched roof may be erected to a height not exceeding 4.6 metres but in no event shall any part of the walls or supporting posts exceed 3 metres in height. 29 2008-148 4.14 1.48 ft. 1.48 ft. 5.9 ft. 1.48 ft. 8.20 ft. 3.28 ft 4.92 ft. 3.94 ft. 2016-03 (g) In a RIA, R1 B, R1 C, R1 D, R1 E, R1 F, R2 or R3 zone, the total lot coverage of all accessory buildings and accessory structures on a lot shall not exceed 15% of the lot area or 93 square metres, whichever is lesser, and in no case shall the total lot coverage of all buildings and structures exceed the maximum lot coverage regulation of the specific zone. (h) Deleted by By-law No. 2011-136. YARDS: Every part of every front yard, side yard and rear yard required by the provisions of this By-law shall be open from the ground to the sky and no such yard shall be obstructed or occupied by any building, structure, accessory building, accessory structure or part thereof or projection there from except as follows: (a) sills, belt courses, cornices, chimney breasts, bay windows, pilasters and similar architectural features and window air conditioning units may project into any required yard a distance of not more than 0.45 metre, (b) unsupported canopies, eaves or gutters, for other than an accessory building, may project into any required yard a distance of not more than 0.45 metre, (c) open balconies not covered by a roof or canopy may project into any required front yard or rear yard a distance of not more than 1.8 metres and into any required side yard a distance of not more than 0.45 metre, (d) subject to Section 4.27.1, a roofed -over one storey porch may project into a required front yard or rear yard a distance of not more than 2.5 metres provided however that (i) no enclosure of such porch, other than removable screens and storm sashes or awnings, shall be erected to a height of more than 1.0 metre above the floor of such porch and (11) in no event and subject to said Section 4.27.1 shall any part of such porch be closer than 1.5 metres from any street line, (e) fire escapes may project into any required side yard or rear yard a distance of not more than 1.2 metres, (f) accessory buildings and accessory structures where specifically permitted in a zone, may be erected in accordance with Section 4.13 and the other applicable provisions of this By-law, (g) light standards, fuel pump islands and fuel pumps of automobile service stations may be erected in accordance with the applicable provisions of this By-law, (h) a deck may project into a required front yard a distance of not more than 2.5 metres and into a required rear yard a distance of not more than 4 metres and in no event, and subject to said section 4.27.1, shall any part of such deck be closer than 1.5 metres from any street line and closer to the interior and exterior side lot lines than the minimum interior side yard and exterior side yard widths of the specific zone. 30 4.14.1 FRONT YARDS FOR THROUGH LOTS: Where a lot is a through lot, a front yard shall be required on each street in accordance with the regulations of the zone or zones in which such through lot is located. 4.14.2 FRONT YARDS FOR CORNER LOTS: Where a lot is a corner lot and fronts onto three 2016-03 streets, a front yard shall be required on each street that is opposite each other in accordance with the requirements of the zone or zones in which such corner lot is located. 4.15 DAYLIGHTING TRIANGLE: Notwithstanding any other provision of this By-law, no person shall, in any zone, erect any building, structure, accessory building or accessory structure on a corner lot within the "daylighting triangle" hereinafter defined. 4.15.1 No person shall, in any zone, erect, plant or maintain within the "daylighting triangle" hereinafter defined any hedge, shrub, bush, tree, fence or wall which will obstruct the vision of drivers or vehicles. 4.15.2 The "daylighting triangle" referred to in sections 4.15 and 4.15.1 is the triangular space formed by the limits of the travelled portion of the roadway on the 2 streets abutting a corner lot and a line drawn from a point in one such limit to a point in the other such limit, 29.53 ft. each such point being distant 9 metres measured along such limit from the point of intersection of the 2 such limits, provided that where the limits of the travelled portions of the 2 roadways do not intersect at a point, the point of intersection of the limits of the travelled portions of the roadways shall be deemed to be the intersection of the projection of such limits or the intersection of the tangents of such limits. 4.16 SCREENING DEVICE: No person shall use, for any non-residential purpose, any lot which 2011-136 has any side lot line of an interior lot or any rear lot line that abuts land in a residential zone unless they erect and maintain a close -board type fence or decorative wall with a minimum height of 1.8 metres abutting the side lot line and the rear lot line, save and except where the lot line abuts the front yard of a residentially zoned lot. 4.17.1 Deleted by By-law No. 2011-136. 4.17.2 Where, under the provisions of this By-law or as a condition to the approval of plans and drawings in a site plan control area established under section 35a of The Planning Act a close - board type fence or a decorative wall is required on a lot, no person shall use such lot for any purpose other than the purpose for which it was used on the day of the passing of this By-law unless and until such required close -board type fence or decorative wall is provided, constructed and maintained. 4.18 Deleted by By-law No. 2011-136. 31 4.19 PARKING AREAS 4.19.1 REQUIREMENTS: 269.1 sq. ft. 2002-061 (a) The owner or occupant of every building or structure to be erected or used for any of the purposes listed in Table 1 of this section shall provide and maintain a parking area which shall be located on the same lot occupied by such building or structure. The said parking area shall contain individual parking spaces to the extent at least prescribed in said Table 1 for the respective classes of uses, buildings or structures set out therein together with a manoeuvring aisle to serve each row or each 2 rows of parking spaces. The said parking area shall be provided and maintained in accordance with the requirements of this section and such requirements as may be made a condition to the approval of plans and drawings in a site plan control area established under section 35a of The Planning Act. Where a building, structure or lot accommodates more than one use or purpose, the required parking spaces shall be the sum of the required parking spaces for each such use or purpose. Table 1 CLASS OF USE, BUILDING OR STRUCTURE MINIMUM PARKING SPACE REQUIREMENTS Arena 1 parking space for each 5 seats Bank, trust company, credit union, Currency exchange, sightseeing tourist information centre, timeshare sales office, office other than a dental or medical office or clinic medical office or clinic Barbershop or hairdressing establishment 81-62 Car Wash #40 Dental or Medical Clinic or office Drive -in -Restaurant 32 1 parking space for each 25 square metres of gross leasable floor area 3 parking spaces plus 1 additional parking space for each chair above 3 4 parking spaces in line per bay 3 parking spaces for each practitioner 25 parking spaces plus 1 parking parking space for each 5 seats within the building or structure Drive-through Facility accessory to a restaurant or retail store Drive-through facility accessory to a financial institution Detached dwelling, Duplex dwelling or Semi-detached dwelling and an on street townhouse dwelling Dwelling containing 3 or more dwelling units save and except an on street townhouse dwelling 12 parking spaces in a queuing lane, measured from where products are dispensed, each with a minimum length of 6 metres and a minimum width of 2.75 metres. 3 spaces in a queuing lane, measured from where services are dispensed, each with a minimum length of 6 metres and a minimum width of 2.75 metres. 1 parking space for each dwelling unit 1.4 parking space for each dwelling unit Funeral Home 15 parking spaces Home for the Aged, Nursing Home 2 parking spaces for each 5 beds Hospital 1 parking space for each 2 beds Hotel 1 parking space for each two bedrooms 59.2 ft. plus 1 parking space for each 5.5 square metres of floor area used as a place of assembly 538.2 sq. ft. Mobile Home Park 1.1 parking spaces for each mobile home Motel 1 parking space for each 1.3 motel units Museum, exhibition area 1 parking space for each 50 square metres of floor area 33 Place of worship 1 parking space for each 5 seats Plant, factory, warehouse and transportation 1 parking space for each 90 square 2011-136 terminal metres of floor area 2011-136 2011-136 Premises licensed under The Liquor Licence Act if not part of a motel or hotel Premises licensed under The Liquor Licence Act if part of a motel or hotel Public Hall, Assembly Hall, Place of Entertainment Restaurant if not part of a motel or hotel, Adult Entertainment Parlour Restaurant if part of a motel or hotel 1 parking space for each 5 seats 1 parking space for each 10 seats 1 parking space for each 5 persons that can be lawfully accommodated therein at any one time 1 parking space for each 5 seats 1 parking space for each 10 seats Retail store, adult store, tattoo studio, dancing 1 parking space for each 25 square studio, Laundromat and personal service shop metres of gross leasable floor area plus up to and including a gross leasable floor area 1 parking space for each 90 square of 450 square metres metres of floor area devoted to storage Retail store, adult store, tattoo studio and dancing studio, exceeding a gross leasable floor area of 450 square metres 34 1 parking space for each 25 square metres of gross leasable floor area on the main sales floor plus 1 parking space for each 45 square metres of gross leasable floor area on every other floor and 1 parking space for each 90 square metres of floor area devoted to storage. 2008-148 Retirement Home 0.6 parking space for each private living unit. School 1 parking space for each teaching staff members plus one additional parking space for each 2 employees and in the case of secondary schools plus one further additional parking spaces for each 20 students. 193.75 sq. ft. Shopping Centres 484.38 sq. ft. 430.56 sq. ft. Theatre Tourist Home Used Car Lot and New Car Agency Uses, Buildings and structures permitted by this By-law other than those listed in this schedule 4.19.1 REQUIREMENTS: (a)(i) Notwithstanding Table 1 of clause (a) of section 4.19.1 and the parking regulations required by section 19, within the area shown on Schedule "D" in this by-law, the parking requirements shall be either those contained in Table 1 of clause (a) of section 4.19.1; those contained in section 19; or those contained in Table 1.1, but not in any combination thereof. 2012-060 1 parking space for each 18 square metres of gross leasable floor area on the main sales floor plus 1 parking space for each 45 square metres of gross leasable floor area on every other floor 1 parking space for each 5 seats 1 parking space for each sleeping unit 5 parking spaces for customers and staff 1 parking space for each 40 square metres of floor area 35 Table 1.1 CLASS OF USE, BUILDING OR STRUCTURE MINIMUM PARKING SPACE REQUIREMENTS Pinball or electronic game machine 1 parking space per 75 square metres establishment of floor area Dance Hall Hotel Restaurant ancillary to a hotel Place of assembly/convention centre ancillary to a hotel 1 space per 35 square metres of floor area 1 space for each 1.25 rooms none none Retail store ancillary to a hotel none Motel 1 space for each 1.25 motel units Museum 1 space for each 150 square metres Theatre/Cinema 1 space for each 10 seats Restaurant 1 space for each 10 seats Retail store 1 space per 60 square metres of floor area Tattoo studio 1 space for each 2 seats Bus parking space substitution For 1 to 299 rooms, 2 spaces for 40 car for hotels and motels parking spaces; for 300 to 399 rooms, 3 spaces for 60 car parking spaces; for 400 to 499 rooms, 4 spaces for 80 car parking spaces; and for 500 rooms or more, 5 spaces for 100 car parking spaces 36 Bus parking space substitution for theatre/cinema 1 space for 20 car parking spaces for a maximum substitution of 20 passenger car parking spaces. (b) There shall be adequate provision for access to a street or lane for each parking space by means of one or more access driveways and access ramps. (c) Each parking space which is required under clause a to be provided and maintained 81-62 shall be readily accessible at all times for the parking and removal of a motor vehicle #41 without the necessity of moving any other motor vehicle. 9.02 ft. (d) The perpendicular width of each parking space shall be not less than 2.75 metres. 83-44 (e) Subject to clause (i), where parking spaces having a perpendicular width of less than 3 metres but not less than 2.75 metres are in a surface parking area, the perpendicular length of each such parking space and the perpendicular width of each manoeuvring aisle shall be not less than the dimensions shown in Columns 2 and 3 of Table 2 of this section opposite the respective angles shown in Column 1. Table 2 Surface Parking Area Parking Spaces Less Than 3 Metres in Width Column 1 Column 2 Column 3 Angle of Parking Minimum Minimum Space with Perpendicular Length Perpendicular Width Manoeuvring Aisle of Parking Space of Manoeuvring Aisle More than 60 degrees up to 90 degrees More than 45 degrees up to 60 degrees More than 30 degrees up to 45 degrees 0 degrees (parallel) up to 30 degrees 9.84 ft. (f) 9.02 ft. 6 metres (19.69 ft.) 6.4 metres (21.00 ft.) 6 metres (19.69 ft.) 6.7 metres (21.98 ft.) 6.9 metres (22.64 ft.) 5.2 metres (17.06 ft.) 3.7 metres (12.14 ft.) 3 metres (9.84 ft.) Where parking spaces having a perpendicular width of less than 3 metres but not less than 2.75 metres are in a building or structure parking area, the perpendicular length of each such parking space and the perpendicular width of each manoeuvring aisle shall be not less than the dimensions shown in Columns 2 and 3 of Table 3 of this section opposite the respective angles shown in Column 1. 37 9.84 ft. 81-62 Column 1 Angle of Parking Space with Manoeuvring Aisle More than 60 degrees up to 90 degrees More than 45 degrees up to 60 degrees More than 30 degrees up to 45 degrees 0 degrees (parallel) up to 30 degrees (9) Column 1 Table 3 Building or Structure Parking Area Parking Spaces Less Than 3 Metres in Width Column 2 Minimum Perpendicular Length of Parking Space 6 metres (19.69 ft.) 6.4 metres (21.00 ft.) 6 metres (19.69 ft.) 6.7 metres (21.98 ft.) Column 3 Minimum Perpendicular Width of Manoeuvring Aisle 6.3 metres (20.67 ft.) 5.2 metres (17.06 ft.) 3.7 metres (12.14 ft.) 3 metres (9.84 ft.) Subject to clause (j), where parking spaces having a perpendicular width of not less than 3 metres are in a surface parking area, the perpendicular length of each such parking space and the perpendicular width of each manoeuvring aisle shall be not less than the dimensions shown in Columns 2 and 3 of Table 4 of this section, opposite the respective angles shown in Column 1. Table 4 Surface Parking Area Parking Spaces at Least 3 Metres in Width Angle of Parking Space with Manoeuvring Aisle More than 60 degrees up to 90 degrees More than 45 degrees up to 60 degrees More than 30 degrees up to 45 degrees 0 degrees (parallel) up to 30 degrees Column 2 Minimum Perpendicular Length of Parking Space 6 metres (19.69 ft.) 6.4 metres (21.00 ft.) 6 metres (19.69 ft.) 6.7 metres (21.98 ft.) 38 Column 3 Minimum Perpendicular Width of Manoeuvring Aisle 5.9 metres (19.36 ft.) 4.6 metres (15.09 ft.) 3.6 metres (11.81 ft.) 3 metres (9.84 ft.) 9.84 ft. (h) Where parking spaces having a perpendicular width of not less than 3 metres are 83-44 in a building or structure parking area, the perpendicular length of each such parking space and the perpendicular width of each manoeuvring aisle shall be not less than the dimensions shown in Columns 2 and 3 of Table 5 of this section, opposite the respective angles shown in Column 1. Table 5 Building or Structure Parking Area Parking Spaces at Least 3 Metres in Width Column 1 Column 2 Column 3 Angle of Parking Space with Manoeuvring Aisle More than 60 degrees up to 90 degrees More than 45 degrees up to 60 degrees More than 30 degrees up to 45 degrees 0 degrees (parallel) up to 30 degrees 83-44 (1) 9.84 ft. 9.02 ft. 83-44 (j) 9.84 ft. Minimum Perpendicular Length of Parking Space 6 metres (19.69 ft.) 6.4 metres (21.00 ft.) 6 metres (19.69 ft.) 6.7 metres (21.98 ft.) Minimum Perpendicular Width of Manoeuvring Aisle 5.9 metres (19.36 ft.) 4.4 metres (14.44 ft.) 3.6 metres (11.81 ft.) 3 metres (9.84 ft.) Notwithstanding clause (a), where parking spaces having a perpendicular width of less than 3 metres but not less than 2.75 metres are in a surface parking area in a residential zone or an industrial zone, the perpendicular length of each such parking space and the perpendicular width of each manoeuvring aisle shall be not less than the dimensions shown in Columns 2 and 3 of Table 3 of this section, opposite the respective angles shown in Column 1 of said Table 3. Notwithstanding clause (g), where parking spaces having a perpendicular width of not less than 3 metres are in a surface parking area in a residential zone or an industrial zone, the perpendicular length of each such parking space and the perpendicular width of each manoeuvring aisle shall be not less than the dimensions shown in Columns 2 and 3 of Table 5 of this section, opposite the respective angles shown in Column 1 of said Table 5. 39 4.19.2 BUS PARKING Parking Spaces at Least 3.75 Metres Wide Column 1 Column 2 Column 3 Angle of Parking Space with Manoeuvring Aisle More than 45 degrees up to 90 degree More than 30 degrees up to 45 degrees 0 degrees (parallel) up to 30 degrees 4.19.3 2008-148 Minimum Perpendicular Length of Parking Space 15 metres (49.21 ft.) 16 metres (52.49 ft.) 18.3 metres (60.04 ft.) Minimum Perpendicular Width of Manoeuvring Aisle 15 metres (49.21 ft.) 10.8 metres (35.43 ft.) 5 metres (16.40 ft.) where the aisle is for one way traffic; 8 metres (26.25 ft.) where the aisle abuts 2 way traffic (1) Where bus parking is provided on a lot, the parking area shall be designed so as to allow buses to enter and leave the lot in the same direction of travel. PARKING IN YARDS: (a) Within the RIA, RIB, RIC, RID, R1E, R2 and R3 zones, the following shall apply: (i) Maximum lot area which can be used as a surface parking area (ii) Maximum width of driveway or parking area in the front yard of a lot (iii) Maximum area of a rear yard which can be used as a parking area 40 30% 60% of the lot frontage but in no case more than 9 metres for a detached dwelling, duplex dwelling, and semi- detached dwelling, and 60% of the lot frontage for an on street townhouse dwelling. 40 square metres (iv) Maximum area of an exterior side yard which can be used as a parking area 67% of the yard up to a maximum of 50 square metres (v) Notwithstanding section 2.61.1 of this by-law, no person shall park or store a motor home, a snowmobile, a boat, a personal watercraft, a recreational vehicle or a trailer in the front yard, side yard or exterior yard of a lot. 2011-136 (b) Within the R1F zone, the following shall apply: (i) Maximum lot area which can be used as a surface parking area (ii) Maximum width of driveway or parking area in the front yard of a lot (iii) Maximum area of a rear yard which can be used as a parking area (iv) Maximum area of an exterior side yard which can be used as a parking area 25% 55% of the lot frontage 40 square metres 67% of the yard up to a maximum of 50 square metres (v) Notwithstanding section 2.61.1 of this by-law, no person shall park or store a motor home, a snowmobile, a boat, a personal watercraft, a recreational vehicle or a trailer in the front yard, side yard or exterior yard of a lot. (c) Within the R4, R5A, R5B, R5C, R5D, R5E, and R5F zones, no person shall use any portion of the front yard of any lot for the parking or storing of any motor vehicle unless a decorative wall and landscaped strip or a landscaped berm, as hereinafter specified, is provided and maintained along all that part of every front lot line and side lot line of such lot which is a 41 boundary between such front yard and an abutting street, except that part thereof crossed by an access ramp or sidewalk. (1) The height of such decorative wall or landscaped berm shall be 1 metre above the average level of the parking area in such front yard. (ii) Subject to subclause (iv), any such decorative wall shall be located 1 metre inside the abutting street line or street lines and the strip between such decorative wall and the abutting street line or street lines shall be planted with shrubs, flower beds, grass or a combination thereof. (iii) Subject to subclause (iv), any such landscaped berm shall have a minimum width of 1.5 metres measured from the abutting street line or street lines and shall be planted with shrubs, flower beds, grass or a combination thereof. (iv) Where a daylighting triangle is required pursuant to this By-law, no such decorative wall or landscaped berm shall be located within such daylighting triangle. (d) Within the I zone, no person shall use more than 33% of the area of the front yard of any lot for parking areas and driveways. 4.20 LOADING AREAS 4.20.1 REQUIREMENTS: The owner or occupant or every building or structure to be erected or used for manufacturing, storage or for any purpose involving the use of vehicles for the receipt or distribution of materials or merchandise, shall provide and maintain on land that is not part of a highway and not part of the required parking area, a loading area located on the same lot with the said building or structure. The said loading area shall contain 29.53 ft. loading spaces to the extent at least prescribed in the following schedule and each such 9.84 ft. loading space shall be at least 9 metres long and 3 metres wide and have a vertical 13.12 ft. clearance of not less than 4 metres with access to a street or public lane of at least 6 19.69 ft. metres in width by means of one or more access driveways and access ramps. The following is the schedule referred to: Floor Area of Building or Structure Minimum Number of Loading Spaces 24,757.2 sq. ft. Up to and including 2,300 sq. m 1 24,757.2 sq. ft. Over 2,300 sq. m but not exceeding 2 39,826.8 sq. ft. 3,700 sq. m 42 39,826.8 sq. ft. 100,105.2 sq. ft. 100,105.2 sq. ft. 49, 514.4 sq. ft. 100,105.2 sq. ft. 4.20.2 4.21 4.22 108.27 ft. 124.67 ft. 124.67 ft. 39.37 ft. 19.69 ft. 39.37 ft. 24.61 ft. Over 3,700 sq. m but not exceeding 3 9,300 sq. m Over 9,300 sq. m 3 loading spaces plus 1 additional loading space for each 4,600 sq. m of floor area over the initial 9,300 sq. m (DELETED) FLOODLIGHTING: No person shall erect or maintain any lighting facility used to illuminate any building, parking lot, parking area or loading area unless it is so designed and installed as to ensure that the light is deflected from adjacent buildings and streets. SUPPLEMENTARY REGULATIONS FOR CAR WASHES: No person shall use any land or erect or use any building or structure for the purpose of a car wash except in accordance with the following regulations: (a) Minimum lot frontage, interior lot 33 metres (b) Minimum lot frontage, corner lot (c) Minimum lot depth 38 metres 38 metres (d) Minimum front yard depth 12 metres plus any applicable distance specified in section 4.27.1 (e) Minimum interior side yard width 6 metres (f) Minimum exterior side yard width 12 metres plus any applicable distance specified in section 4.27.1 (g) Minimum rear yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 (h) Maximum height of building or 24.61 ft. structure 7.5 metres subject to section 4.7 4.23 124.67 ft. (1) Maximum lot coverage (j) Minimum landscaped open space (k) Parking and access requirements 20% 5% in accordance with section 4.19.1 (I) Waiting Lane: A waiting lane, marked with painted lines, capable of accommodating at least four cars per bay shall be provided and maintained on the site, in which cars can wait if the washing bays are occupied. SUPPLEMENTARY REGULATIONS FOR DRIVE-IN RESTAURANTS: No person shall use any land or erect or use any building or structure for the purpose of a drive-in restaurant except in accordance with the following regulations: (a) Minimum lot frontage 38 metres 43 147.64 ft. (b) Minimum lot depth 39.37 ft. (c) Minimum front yard depth 24.61 ft. (d) Minimum interior side yard width 39.37 ft. (e) Minimum exterior side yard width 24.61 ft. (f) Minimum rear yard depth 24.61 ft. (g) Maximum height of building or structure (h) Maximum lot coverage (i) Minimum landscaped open space (j) Parking and access requirements 45 metres 12 metres plus any applicable distance specified in section 4.27.1 7.5 metres 12 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 7.5 metres subject to section 4.7 20% 5% in accordance with section 4.19.1 4.24 CONVERSION OF DWELLINGS TO MOTELS: Notwithstanding any other provision of this By-law, no person shall convert any dwelling to a motel. 4.25 SUPPLEMENTARY REGULATIONS FOR MOTELS: No person shall use any land or erect or use any building or structure for the purpose of a motel except in accordance with the following regulations: (a) Minimum lot frontage 40 metres 131.23 ft. 147.64 ft. 9.84 ft. (b) Minimum lot depth 45 metres (c) Minimum front yard depth 3 metres plus any applicable distance specified in section 4.27.1 (d) Minimum interior side yard width 16.40 ft. (i) where the side lot line abuts a residential zone 5 metres 16.40 ft. 9.84 ft. (ii) where the side lot line does not None required abut a residential zone (e) Minimum exterior side yard width (i) where the side lot line abuts a portion of a street, the opposite side of which portion of the street abuts a residential zone (11) in all other cases (f) Minimum rear yard depth 44 5 metres plus any applicable distance specified in section 4.27.1 3 metres plus any applicable distance specified in section 4.27.1 (i) for a lot that abuts a residential 16.40 ft. zone 32.81 ft. 14.76 ft. 2016-03 (ii) for a lot that does not abut a residential zone (g) Maximum height of building or structure (h) Minimum landscaped open space (i) 5 metres plus any applicable distance specified in section 4.27.1 in accordance with section 4.27.1, where applicable 10 metres subject to section 4.7 5%, provided that the front yard (less driveway) and the side yard abutting any side street shall be maintained as landscaped open space, but no side yards having a width of less than 4.5 metres may be included in the calculation of the foregoing 5% minimum Minimum number of motel units: No motel shall have less than 20 rentable motel units 0) Parking and access requirements: (i) in accordance with section 4.19.1 (ii) no vehicular access to a motel site shall be provided except through access ramps and access driveways (k) Through Tots: Where the lot is a through lot, a motel shall be deemed for the purpose of providing minimum front yard depth and minimum landscaped open space to front on each of the streets. 4.25A SUPPLEMENTARY REGULATIONS FOR OUTDOOR PATIOS: No person shall use any land or erect or use any structure for the purpose of an outdoor patio except in accordance with the following regulations: (a) Maximum capacity No outdoor patio shall accommodate more than 50% of the allowable capacity of the facility with which the patio is associated. (b) Location (i) where any lot line adjoins lands which are in a Residential Zone, no outdoor patio shall be permitted except as provided in subclause (ii) through (iv) (ii) notwithstanding the provisions of subclause (i), where only the rear lot line adjoins a Residential Zone an outdoor patio shall only be permitted in the front yard 45 (iii) where the lot adjoins a Residential Zone, no outdoor patio shall be located above the elevation of the floor of the first storey of the principal building (iv) notwithstanding subclauses (i), (ii), and (iii), nothing in this subclause shall prevent an outdoor patio from being located in any yard where the adjoining Residential Zone is separated therefrom by a street or lane. (c) Loading Notwithstanding section 4.20.1, no loading space shall be required for any outdoor patio associated with a commercial use (d) Entertainment No music (whether performed live or recorded), dancing or other forms of entertainment shall be permitted on an outdoor patio, except in compliance with the City's Noise By-law (e) Parking Parking spaces shall be required for the area of an outdoor patio at the same ratio required for the floor area of the main commercial use to which the patio is accessory. 4.26 MOBILE HOMES: Subject to sections 19.1.9, 19.1.16 and 19.1.17, no person shall erect or locate or use or cause to be erected, located or used, a mobile home on any parcel of land in any zone established by this By-law except on a mobile home site in a RMP Zone. 4.27 ROAD ALLOWANCE REQUIREMENTS - SPECIFIC ROADS 2009-176 Notwithstanding any other provisions of this By-law, yard requirements adjacent to the roads listed in Table 1 of this section shall be measured a minimum distance from the centreline of the original road allowance in accordance with Column D of Table 1. 46 Notwithstanding any other provisions of this By-law, any portion of a lot adjacent to the roads listed in Table 1 of this section and located within the minimum distance from the centreline of the original road allowance in accordance with Column D of Table 1 of this section shall not be used for parking spaces required under section 4.19.1, loading areas required under section 4.20.1. and landscaped open space required under any regulations contained in any section of this By-law. TABLE 1 ROAD ALLOWANCE REQUIREMENTS Column A Column B Column C Column D ROAD FROM TO MINIMUM DISTANCE FROM CENTRELINE OF ORIGINAL ROAD ALLOWANCE Ailanthus Avenue McLeod Road Dunn Street 11.5 m Alex Avenue McLeod Road Crimson Drive 10 m Allendale Avenue Ferry Street Dixon Street 11.5 m Alpine Drive Montrose Road Brookdale Drive 10 m Badger Road Charnwood Avenue Montrose Road 10 m Baker Road Lapp Road East City Limit 11.5 m Barker Street Dorchester Road Main Street 10 m Beaverdams Road Thorold Townline Road Kalar Road 13 m Beaverdams Road Kalar Road Lundy's Lane 11.5 m Beck Road Lyons Creek Road Gonder Road 11.5 m Beechwood Road Taylor Road Brown Road 13 m Bender Street Victoria Avenue Falls Avenue 11.5 m Biggar Road West City Limit Montrose Road 13 m Bossert Road Beck Road King Road 13 m Bossert Road King Road Ort Road 11.5 m Bossert Road Ort Road Niagara Parkway 13 m Bridge Street* Stanley Avenue Victoria Avenue 10.05 m Bridge Street* Victoria Avenue River Road 11.6 m 47 Brookdale Drive Thorold Stone Road Alpine Drive 10 m Brown Road West City Limit Montrose Road 13 m Buchanan Avenue Ferry Street Highway 420 13 m Buttrey Street Victoria Avenue River Road 10 m Caledonia Street Dorchester Road Dunn Street 10 m Canadian Drive Montrose Road Pin Oak Road 11.5 m Cardinal Drive Montrose Road Thorold Stone Road 11.5 m Carl Road McCredie Rd West City Limit 10 m Caronpost Road Willoughby Drive East City Limit 10 m Casey Street Dorchester Road Harriman Street 10 m Catalina Street Kalar Road Pitton Road 10 m Cattell Drive Willoughby Drive East City Limit 10 m Charnwood Avenue Montrose Road Montrose Road 10 m Chippawa Creek Road* West City Limit Montrose Road 13.1 m Chippawa Parkway Dorchester Road Stanley Avenue 13 m Chippawa Parkway Stanley Avenue Portage Road 11.5 m Church's Lane St. Paul Avenue Whirlpool Road 11.5 m Clark Avenue Ferry Street Robinson Street 13 m Clifton Hill Victoria Avenue River Road 11.5 m Corwin Crescent Stokes Street Lundy's Lane 10 m Crimson Drive Drummond Road Alex Avenue 10 m Crowland Avenue Grassy Brook Road Netherby Road 11.5 m Cummington Square Front Street Main Street 13 m Dell Road Lyons Creek Road Rexinger Road 11.5 m Delta Drive Montrose Road Montrose Road 10 m Detenbeck Road Ort Road Niagara Parkway 11.5 m Dixon Street Drummond Road Allendale Avenue 11.5 m Dixon Street Allendale Avenue Fallsview Boulevard 13 m Don Murie Street Stanley Avenue West Limit 13 m Dorchester Road Chippawa Parkway Oldfield Road 13 m Dorchester Road Oldfield Road McLeod Road 11.5 m 48 Dorchester Road Mountain Road McLeod Road 13 m Drummond Road Thorold Stone Road McLeod Road 13 m Dunn Street Dorchester Road Drummond Road 10 m Dunn Street Drummond Road Stanley Avenue 13 m Dunn Street Stanley Avenue Fallsview Boulevard 13 m Earl Thomas Avenue Progress Street Don Murie Street 13 m Ellen Avenue Ferry Street Walnut Street 10 m Falls Avenue Rainbow Bridge Clifton Hill 10 m Falls Avenue Stanley Avenue Rainbow Bridge 20.6 m Fallsview Boulevard Ferry Street Portage Road 13 m Fallsview Boulevard Portage Road Livingstone Street 13 m Ferguson Street Victoria Avenue River Road 10 m Ferry Street Stanley Avenue Victoria Avenue 13 m Ferry Street* Main Street Stanley Avenue 11.6 m Forsythe Street Stanley Avenue Lewis Avenue 10 m Frederica Street Dorchester Road Drummond Road 10 m Gallinger Street Drummond Road Portage Road 21.5m Garner Road Mountain Road Chippawa Creek Road 13 m Glengate Street Drummond Road Pettit Avenue 10 m Gonder Road Montrose Road Beck Road 11.5 m Grassy Brook Road Montrose Road West Limit 11.5 m Harriman Street Harte Circle Dorchester Road 10 m Harvard Avenue Wiltshire Boulevard Oxford Street 10 m Heartland Forest Road Brown Road Chippawa Creek Road 13 m Hiram Street River Road Ontario Avenue 11.5 m Huron Street Victoria Avenue Ontario Avenue 10 m Jubilee Drive McLeod Road Dorchester Road 10 m Kalar Road* Mountain Road Montrose Road 13.1m 49 Kalar Road Montrose Road Thorold Stone Road 13 m Kalar Road Thorold Stone Road McLeod Road 15 m Kalar Road McLeod Road Brown Road 13 m King Road Bossert Road Baker Road 13 m Kister Road Ramsey Road Chippawa Parkway 13 m Kitchener Street Victoria Avenue Portage Road 10 m Koabel Road Montrose Road Willodell Road 13 m Lapp Road Baker Road South City Limit 13 m Lemon Road Montrose Road Willodell Road 11.5 m Lewis Avenue Forsythe Street Kitchener Street 10 m Lincoln Street Crowland Avenue West Limit 11.5 m Livingstone Street Stanley Avenue Fallsview Boulevard 13 m Logan Road Beck Road Ort Road 11.5 m Lundy's Lane(Hwy #20)* West City Limit Garner Road 17.5 m Lundy's Lane(Hwy #20)* Garner Road Main Street 13.1 m Lyon's Creek Road* Montrose Road Sodom Road 13.1 m Main Street (Chippawa) Willoughby Drive Niagara Parkway 11.5 m Main Street (Chippawa) Sodom Road Willoughby Drive 13 m Main Street Fallsview Boulevard Summer Street 11.5 m Marineland Parkway Stanley Avenue Portage Road 13 m Marineland Parkway* McLeod Road Stanley Avenue 15.25 m Marshall Road Willodell Road Niagara Parkway 11.5 m Matthews Drive Mount Carmel Boulevard Montrose Road 11.5 m Mayfair Drive Sinnicks Avenue Swayze Drive 10 m McCourt Road Willodell Road Beck Road 11.5 m McCredie Road Carl Road Willodell Road 11.5 m McGarry Drive Kalar Road West Limit 11.5 m McKenney Road Grassy Brook Road Young Road 11.5 m 50 McKenney Road Schisler Road Netherby Road 11.5 m McLeod Road* Oakwood Drive Marineland Parkway 15.25 m McLeod Road Thorold Townline Road Montrose Road 15 m McRae Street Stanley Avenue Victoria Avenue 10 m Mewburn Road Mountain Road Scholfield Street 10 m Mewburn Road Mountain Road North City Limit 13 m Miller Road Sodom Road Niagara Parkway 11.5 m Misener Road Carl Road Schisler Road 11.5 m Misener Road Yokom Road Netherby Road 11.5 m Montrose Road* Mountain Road McLeod Road 13.1 m Montrose Road* McLeod Road Welland River 15.25 m Montrose Road* Welland River South City Limit 13.1 m Morningstar Road King Road Sodom Road 11.5 m Morris Road Lincoln Street Netherby Road 13 m Morris Road Grassy Brook Road Schisler Road 13 m Morrison Street Montrose Road Dorchester Road 15 m Morrison Street Dorchester Road Stanley Avenue 13 m Morrison Street Stanley Avenue Victoria Avenue 10 m Mount Carmel Boulevard Kalar Road Montrose Road 11.5 m Mountain Road* Taylor Road Portage Road 13.1 m Murray Street Drummond Road Allendale Avenue 11.5 m Murray Street Allendale Avenue River Road 13 m Netherby Road* West City Limit Montrose Road 15.25 m Niagara Townline Road* St. Paul Avenue Stanley Avenue 13.1m North Street Drummond Road Stanley Avenue 11.5 m North Street Stanley Avenue Buchanan Avenue 13 m O'Neil Street Dorchester Road Portage Road 10 m Oakwood Drive McLeod Road Montrose Road 11.5 m 51 Old McLeod Road Ailanthus Avenue East City Limit 11.5 m Olden Avenue Mountain Road Casey Street 10 m Oldfield Road Dorchester Road Drummond Road 13 m Ontario Avenue Park Street Palmer Avenue 10 m Ontario Avenue Hiram Street Bender Street 10 m Ort Road Bossert Road Baker Road 11.5 m Oxford Street Harvard Avenue Dorchester Road 10 m Paddock Trail Drive Kalar Road Brookdale Drive 10 m Palmer Avenue Ontario Avenue Bender Street 10 m Park Street Victoria Avenue River Road 10 m Pettit Avenue Dorchester Road Glengate Street 10 m Pin Oak Drive McLeod Road South Limit 13 m Pitton Road Catalina Street Westwood Street 10 m Portage Road* Stanley Avenue Mountain Road 13.1 m Portage Road Mountain Road O'Neil Street 11.5 m Portage Road Thorold Stone Road O'Neil Street 13 m Portage Road Thorold Stone Road Gallinger Street 10 m Portage Road Summer Street Gallinger Street 11.5 m Portage Road Fallsview Boulevard Marineland Parkway 13 m Portage Road Marineland Parkway Front Street 13 m Preakness Street Paddock Trail Drive Montrose Road 11.5 m Preston Avenue Paddock Trail Drive Brookdale Drive 10 m Progress Street Stanley Avenue West Limit 13 m Queen Street Victoria Avenue River Road 11.5 m Ramsey Road Stanley Avenue Kister Road 13 m Rexinger Road West Limit Lyons Creek Road 11.5 m Rexinger Road Stanley Avenue (West) Ort Road 11.5 m Riall Street Dorchester Road St. Paul Avenue 10 m Ridge Road Montrose Road West Limit 11.5 m Robinson Street Allendale Avenue Queen Victoria Park 13 m 52 Sarah Street Main Street East Limit 10 m Sauer Road Willodell Road Sodom Road 13 m Schaubel Road Schneider Road South Limit 11.5 m Schihl Road* Netherby Road South City Limit 13.1 m Schisler Road* West City Limit Misener Road 15.25 m Schisler Road* Misener Road Montrose Road 13.1 m Schisler Road Montrose Road Beck Road 13 m Schneider Road Montrose Road Schaub& Road 11.5 m Sherk Road King Road Ort Road 11.5 m Sherk Road Sodom Road Niagara Parkway 11.5 m Sinnicks Avenue Thorold Stone Road Mayfair Drive 10 m Sodom Road* South City Limit Lyon's Creek Road 13.1 m Somerville Road Sodom Road Niagara Parkway 11.5 m St. Paul Avenue O'Neil Street Mountain Road 13 m St. Paul Avenue* Mountain Road North City Limit 13.1 m Stanley Avenue* Niagara Townline Road Highway 420 13.1 m Stanley Avenue* Highway 420 Lyon's Creek Road 15.25 m Stanley Avenue Lyon's Creek Road Marshall Road 13 m Swayze Drive Portage Road Stanley Avenue 11.5 m Taylor Road* Thorold Townline Road North City Limit 13.1 m Thorold Stone Road* West City Limit Garner Road 21 m Thorold Stone Road* Garner Road Stanley Avenue 13.1 m Thorold Townline Road* Brown Road North City Limit 13.1 m Valley Way Drummond Road Queen Street 11.5 m Victoria Avenue Ferry Street Highway 420 13 m Victoria Avenue Bridge Street Niagara Parkway 13 m Watson Street Montrose Road Beaverdams Road 10 m Weaver Road Ort Road Niagara Parkway 13 m Weinbrenner Road Sodom Road Willoughby Drive 11.5 m 53 Westwood Avenue Charnwood Avenue Kalar Road 10 m Whirlpool Road Stanley Avenue Niagara River Pkwy 11.5 m Willick Road Ort Road Willoughby Drive 11.5 m Willodell Road Lyons Creek Road Schneider Road 11.5 m Willoughby Drive Cummington Square Weaver Road 13 m Willoughby Drive Weaver Road Somerville Road 11.5 m Woodbine Street Kalar Road Montrose Road 11.5 m Woodgate Street Dorchester Road Olden Avenue 10 m Yokom Road Montrose Road West Limit 11.5 m Young Road Montrose Road West Limit 11.5 m *Denotes Regional Road 4.28 CONVERSION OF DWELLINGS IN COMMERCIAL ZONES. No person shall in any commercial zone erect any addition in front of a building used or to be used for any commercial purpose if such building is a dwelling or was formerly a dwelling which had been altered, extended or enlarged for use for any commercial purpose. 4.29 EXISTING AUTOMOBILE SERVICE STATIONS AND GASOLINE BARS: 81-62 Notwithstanding that an automobile service station and a gasoline bar are not permitted #44 uses in any NC or GC Zone, a building on a lot in any such zone which was lawfully used for the purpose of an automobile service station or a gasoline bar on the day of the passing of this By-law may be altered, renovated or reconstructed and the use of such altered, renovated or reconstructed building and such lot for the purpose of an automobile service station or a gasoline bar continued provided that, subject to section 4.29.1, (1) in the case of an automobile service station, all the regulations in section 8.9.2 for automobile service stations in AS Zones shall apply to such automobile service station and shall be complied with, (11) in the case of a gasoline bar, all of the regulations in section 8.9.3 for gasoline bars in AS Zones shall apply to such gasoline bar and shall be complied with. 4.29.1 If the lot referred to in section 4.29 has either or both a lesser lot frontage or a lesser lot depth than the minimum required in section 8.9.2 in the case of an automobile service station or the minimum required in section 8.9.3 in the case of a gasoline bar, the minimum lot frontage and lot depth regulations in the said sections shall not apply to prevent the alteration, renovation or reconstruction and use which would otherwise be permitted under 54 section 4.29 provided that the whole of such lot continues to be used for the purpose of an automobile service station or a gasoline bar, as the case may be. 4.30 LANDS WITHIN AN AREA OF DEVELOPMENT CONTROL OF THE NIAGARA ESCARPMENT PLANNING AREA: As long as and to the extent that any land within any Zone established by section 3 of this By-law is within an area of development control designated by a regulation made under The Niagara Escarpment Planning and Development Act, 1973, the provisions of this By-law shall be subject to any regulation made under the said Act. 4.31 EXCEPTIONS AND SPECIAL PROVISIONS IN SECTION 19 TO GOVERN: All other provisions of this By-law shall be subject to the exceptions and special provisions contained in Section 19 and where there is any conflict between such other provisions and the exceptions and special provisions in Section 19, the latter shall govern. 4.32 MINIMUM DISTANCE SEPARATION FORMULA: Notwithstanding any other provisions of 2007-156 this by-law, the distances between livestock facilities and dwellings or other habitable 2007-156 structures shall be governed by the Minimum Distance Separation Formulae including any revisions or updates developed by the Ontario Ministry of Agriculture, Food and Rural Affairs and: (i) where the regulations respecting required yards and minimum lot area in any zone established by this by-law are less than those which are required under the Minimum Distance Separation Formula, where it applies, the latter shall govern and the regulations in this by-law shall be deemed to be amended insofar as is necessary to give effect to the Minimum Distance Separation Formulae; (ii) where a dwelling is destroyed in whole, or in part, by a catastrophe, MDS I will not be applied when the dwelling is rebuilt, provided it is built no closer to livestock facilities than before the catastrophe; (iii) where a livestock facility is destroyed in whole, or in part, by a catastrophe, MDS II will not be applied when the livestock facility is rebuilt, provided it is built no closer to surrounding land uses and lot lines than before the catastrophe and the impact of the livestock facility has not increased by any enlargement of the operation; (iv) where a new or expanding livestock facility is proposed, non-active cemeteries, as designated by the City, shall be treated as a Type A land use under MDS II; (v) where a dwelling is to be constructed on an existing lot of record, the setback requirements of MDS I shall apply; and (vi) where a new dwelling is to be constructed on a new lot, the minimum setback between any existing livestock operations and the new dwelling shall be 304.8 metres or the distance determined by the MDS formula, whichever is greater. 55 4.33 TENTS AND AIR -SUPPORTED STRUCTURES: Subject to section 4.33.2 and subject to compliance with the Building Code Act, 1974 and the regulations made thereunder, every building or structure to be erected within any commercial zone except a CE Zone shall be of the permanent type of construction. 4.33.1 No person shall within any commercial zone except a CE Zone erect a tent or an air - supported structure. 4.33.2 Subject to the Building Code Act, and the regulations made thereunder, sections 4.33 and 4.33.1 shall not apply to prevent the following: 2002-061 (a) the erection of an air -supported structure which is to be used only for the purpose of a shelter for a swimming pool or tennis court on any lot within and in compliance with a commercial zone; (b) the erection and use of a tent, trailer and/or recreational vehicle which is used by the operators of a circus, carnival or carousel for a maximum period of 10 days; (c) the erection and use of a tent for a ground breaking ceremony, business opening, special occasion or special sale of goods or merchandise, for a maximum of 3 separate occasions in a 12 -month period, subject to a maximum duration of 10 days, exclusive of set-up time, per occasion, in conjunction with a legally established or permitted use on the property; and (d) the erection and use of a tent for the seasonal sale of flowers, plants, shrubs, trees and other garden materials and landscape products, fora maximum period of 90 days and limited to one occasion in a 12 month period, in conjunction with a legally established or permitted use on the property and in compliance with the zoning on the property. 4.33.3 For the purpose of sections 4.33, 4.33.1 and 4.33.2, (a) "air -supported structure" means a structure consisting of a pliable membrane which achieves and maintains its shape and support by internal air pressure; (b) "permanent type of construction" means a type of construction in which the exterior walls of a building or structure consist of brick, stone, architectural reinforced concrete, profile type concrete masonry units, glass and metal combinations, colour coated metal, ceramic or glazed tile, colour coated block, wood, wood veneered with brick, stone or stucco, any combination of the foregoing or such other exterior walls as may be permitted in the Regulations made under The Building Code Act, 1974 but does not include a tent or an air -supported structure; (c) "tent" means a shelter or structure the covering of which is made of pliable material. 4.34 DRIVE-THROUGH FACILITIES: A drive-through facility is permitted in a NC Zone, a GC 2011-136 Zone, a SC Zone, a TC Zone and an AS Zone and shall be separated from the boundary of a residential zone by a minimum perpendicular distance of 10 metres, measured from the speaker box. 56 4.35 2015-134 4.36 2016-105 When considering any application to permit a Medical Marijuana Facility, Council shall, among other things, consider the proximity of the proposed location of the Medical Marijuana Facility to any and all Sensitive Land Uses. FARM PRODUCE OUTLET: Notwithstanding any other provisions of this by-law to the contrary, a farm produce outlet is permitted in accordance with the following regulations: (a) Notwithstanding clause 4.13(a), a farm produce outlet may be erected in a front yard, rear yard, side yard, and exterior yard of a lot; (b) Subject to section 4.27, a farm produce outlet may be erected in a front yard, rear yard, side yard, and exterior yard provided it shall not be located less than 3 metres from the front, interior, and exterior lot line, and 7.5 metres from the rear lot line; (c) The maximum floor area of a farm produce outlet is 20 square metres; (d) The maximum building height of a farm produce outlet is 3 metres; (e) A minimum of 1 parking space is required; (f) All the other provisions of the zone apply. 57 SECTION 5 - GENERAL PROVISIONS FOR RESIDENTIAL ZONES 5.1 SIDE YARDS: Notwithstanding the regulations for side yards in section 7 of this By-law but subject to section 4.27.1, (a) where no private garage or carport is to be attached to and erected at the same time 7.87 ft. as a detached dwelling, there shall be a side yard of not less than 2.4 metres on one side of such one family detached dwelling which may be used as a driveway and, subject to the other applicable provisions of this By-law, for the parking or storing of motor vehicles, (b) where private garages or carports are not to be attached to both exterior sides of a semi-detached dwelling or to both sides of a duplex dwelling and are not to be erected at the same time as such semi-detached dwelling or duplex dwelling, there shall be a side yard of not less than 2.4 metres provided on each exterior side of such 7.87 ft. semi-detached dwelling to which a private garage or carport is not to be attached and on each side of such duplex dwelling to which a private garage or carport is not to be attached, each of which such side yards may be used as a driveway and, subject to the other applicable provisions of this By-law, for the parking or storing of motor vehicles, (c) nothing in this By-law shall be deemed to require a side yard between the 2 dwelling units of a semi-detached dwelling; (d) the severance by conveyance or otherwise of one dwelling unit of a semi-detached dwelling or a townhouse dwelling and the land appurtenant to such dwelling unit without a side yard between it and the remaining dwelling unit and land appurtenant thereto shall not be deemed a contravention of the side yard requirements of this By- law. 5.2 DRIVEWAYS: In the case of corner lots in all R1A, R1 B, RIC, RID, R1E, RIF, R2 and R3 Zones, no part of an access ramp for a driveway shall be located within the curved portion of the edge of the roadway at the intersection of streets. 5.3 UNDERSIZED LOTS: Where a lot in any residential zone having a lesser lot area, and/or 93-284 lot frontage than that required under this By-law is held under distinct and separate ownership from all abutting lands as shown by a registered conveyance in the records of the Land Registry Office at the date of the passing of this By-law or is created as a result of an expropriation, nothing contained in this By-law shall prevent the erection of a detached dwelling on such lot provided that the provisions of section 4.27.1 and the yards, lot coverage, floor area and height provisions of the zone in which such lot is 81-79 situated and all requirements of the Niagara Regional Health Unit are complied with, and #18 provided further that the minimum lot area and the minimum lot frontage are: 3982.78 sq.ft. (i) 370 square metres and 12 metres, respectively, if such lot is served by public water 39.37 ft. supply and a sanitary sewer or 58 7427.34 sq.ft. (11) 690 square metres and 22 metres, respectively, if such lot is served by public water 72.18 ft. supply only, or 15069.97 sq.ft. (iii) 1,400 square metres and 45 metres, respectively, if neither public water supply nor a 147.64 ft. sanitary sewer is available for such lot. All other provisions of the zone in which such lot is located shall apply. 5.4 CONVERSIONS IN R4 AND R5 ZONES: In all R4, R5A, R5B, R5C, R5D, R5E and R5F zones, a dwelling which is existing at the date of the passing of this By-law and which had been erected initially as a detached dwelling may be converted to provide two or more dwelling units therein provided 592.02 sq.ft. (a) each of such dwelling units has a minimum floor area of 55 square metres, including common halls, stairways and other such space, (b) no such dwelling is converted to provide for more than one dwelling unit for each 1614.6 ft. 150 square metres of lot area, (c) the external appearance and character of such dwelling is preserved and no addition or extension to the building is made, except to provide a secondary means of exit, and (d) all the relevant provisions of this By-law applying to the zone in which such dwelling is situated with respect to yards, parking areas and landscaped open space, applicable to the number of dwelling units therein, are complied with. 5.5 HOME OCCUPATIONS: Home occupations are permitted in R1A, RIB, RIC, RID, RIE, 98-117 R1 F, and R2 zones and in detached dwellings and dwelling units of semi-detached 2018-42 dwellings and duplex dwellings in R3, R4, R5A, R5B, R5C, R5D, R5E, R5F, TRM, DC, DTC, DH, and PH zones provided (a) the occupation is carried on entirely within the dwelling or dwelling unit only by members of the residing in such dwelling or dwelling unit, (b) no person, other than a member of the family is engaged or acts as an employee, assistant or helper within the dwelling or dwelling unit, (c) no person, other than a member of the family is engaged in canvassing, delivering oras a go-between in distributing merchandise to customers, (d) no more than 20% of the total floor area of the dwelling or dwelling unit is used for the home occupation, (e) no home occupation or associated storage is carried out in any accessory building or accessory structure, (f) there is no sign, notice or any other visible indication from the exterior that a home occupation is being carried on in the dwelling or dwelling units, (g) no goods, wares or merchandise are offered or exposed for sale or sold or kept for sale upon the premises, (h) no goods are stored outside the dwelling or dwelling units, and (i) no mechanical or other equipment is used except as in customarily employed in a 59 dwelling for household purposes or for a purpose normal to or reasonably consistent with the use of a dwelling as such. 5.6 ACCESS TO COMMERCIAL AND INDUSTRIAL ZONES FROM RESIDENTIAL ZONES: No person shall use any land in a residential zone for vehicular access to or from any land in a commercial or industrial zone. 5.7 SPECIAL BUILDING SETBACK: Notwithstanding the yard requirements of this By-law but subject to section 4.27.1, in any residential zone where a proposed building or structure is to be erected on an interior lot between 2 existing buildings or structures on lots which have their front lot lines on the same street and in the same block and are distant 147.64 ft. from each other not more than 45 metres, no part of such proposed building or structure shall be erected on such interior lot closer to the front lot line thereof than the average of the shortest distance between the nearest main wall of each such existing building or structure and the front lot line of the lot on which such existing building or structure is located. 5.8 EXISTING PLACES OF WORSHIP: Notwithstanding that a place of worship is not a permitted use in any residential zone, a building on a lot in any residential zone which was lawfully used for the purpose of a place of worship on the day of the passing of this By-law may be altered, renovated, or reconstructed and the use of such altered, renovated or reconstructed building and such lot for the purpose of a place of worship continued provided that all of the regulations in section 9.2 of this By-law which apply to a place of worship in an I Zone shall apply to such building and lot in a residential zone and shall be complied with. 5.9 SPECIAL PROVISIONS FOR A GROUP HOME TYPE 1: Any building used for the purpose 2011-136 of a group home type 1 shall comply with all the regulations which apply to the zone in which such group home type 1 is located. 5.10 MODEL HOMES: Model homes shall be permitted in all RIA, RIB, RIC, RID, RIE, R1 F, R2 and R3 zones subject to the following provisions: 2008-148 (i) the lands on which the model homes are to be constructed have received draft plan approval under the Planning Act and all appropriate agreements have been executed; (ii) a model home shall comply with the provisions of the zone in which it is located and the regulations of this By-law such that it will comply upon registration of the plan of subdivision; and (iii) the number of model homes in any draft approved plan of subdivision shall not exceed the lesser of ten (10) dwelling units or ten percent (10%) of the total number of lots. 5.11 For the purpose of sections 5.12 and 5.13, "Owner" shall mean the owner of a lot as recorded in the records of the Land Registry or Land Titles Offices maintained in that Office for that lot. 5.12 SECOND UNITS INTERIOR TO THE PRIMARY DWELLING UNIT: One second unit is 2018-43 permitted per lot within the primary building that is a detached dwelling, semi-detached dwelling or an on street townhouse dwelling in a R1A, R1 B, RIC, R1 D, R1 E, RIF, R2 and 60 R3 zone, subject to the following provisions: (a) The primary dwelling unit or second unit is occupied by the owner of the lot; (b) The floor area of the second unit shall not exceed 40% of the floor area of the primary dwelling unit, excluding any attached garage; and (c) One parking space shall be provided for the occupant of the second unit in addition to the parking space required for the primary dwelling. 5.13 SECOND UNITS WITHIN ACCESSORY BUILDINGS: One second unit is permitted within an accessory building, notwithstanding section 2.3, on any lot zoned RIA, RIB, RIC, RID, RIE, RIF, R2 AND R3 provided the primary dwelling of a detached dwelling, semi- detached dwelling or an on street townhouse dwelling on the lot does not contain a second unit, and subject to the following provisions: (a) The primary dwelling unit or second unit is occupied by the owner of the lot; (b) The floor area of the second unit shall not exceed 40% of the floor area of the primary dwelling; (c) One parking space shall be provided for the occupant of the second unit within an accessory building in addition to the parking space required for the primary dwelling; (d) The height of an accessory building containing a second unit shall not exceed 7 metres; and (e) The accessory building containing a second unit shall be a minimum of 1.2 metres from the rear and side lot lines. 61 SECTION 6 - SITE PLAN CONTROL 6.1 INTERPRETATION: In section 6.2, "development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out an establishment of a commercial parking lot. 6.2 DEVELOPMENT IN SITE PLAN CONTROL AREAS: Where any area of the City of Niagara Falls to which this By-law applies has been designated as a site plan control area by a by-law passed under section 35a of The Planning Act as enacted by The Planning Amendment Act, 1979, in addition to complying with the provisions of this By-law every person undertaking any development in such site plan control area shall also comply with the provisions of said section 35a and the requirements of The Corporation of the City of Niagara Falls made in accordance with said section 35a. 62 SECTION 7 - RESIDENTIAL ZONES 7A RESIDENTIAL 1A DENSITY ZONE (RIA ZONE). 7.1.1 PERMITTED USES: No person shall within any RIA Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling (b) A home occupation in a detached dwelling, subject to the provisions of section 5.5 (c) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. 2009-176 (d) A group home type 1 7.1.2 REGULATIONS: No person shall within any RIA Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: 8611 sq. ft. (a) Minimum lot area 800 square metres 68.9 ft. (b) Minimum lot frontage 21 metres 24.6 ft. (c) Minimum front yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 24.6 ft. (d) Minimum rear yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 2011-136 3.9 ft. (e) Minimum interior side yard width, subject to the provisions of clause a of section 5.1, 19.7 ft. (f) Minimum exterior side yard width 32.8 ft. 2008-148 1.2 metres 6 metres plus any applicable distance specified in section 4.27.1 (g) Maximum lot coverage 45% (h) Maximum height of building or structure 10 metres subject to section 4.7 Deleted by By-law No. 2011-136 (j) Maximum number of detached dwellings on one lot 1 only (k) Parking and access requirements in accordance with section 4.19.1 (I) Accessory buildings and accessory in accordance with sections 4.13 and 4.14 structures (m) Minimum landscaped open space 30% of the lot area (i) 7.2 RESIDENTIAL 1B DENSITY ZONE (RIB ZONE). 63 7.2.1 PERMITTED USES: No person shall within any R1 B Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling (b) A home occupation in a detached dwelling, subject to the provisions of section 5.5 (c) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. (d) A group home type 1 2009-176 7.2.2 REGULATIONS: No person shall within any R1 B Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: 6996.6 sq. ft. (a) Minimum lot area 650 square metres 59.1 ft. (b) Minimum lot frontage 18 metres 24.6 ft. (c) Minimum front yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 24.6 ft. (d) Minimum rear yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 2011-136 3.9 ft. (e) Minimum interior side yard width, subject to the provisions of clause a of section 5.1, 19.7 ft. (f) Minimum exterior side yard width 1.2 metres 6 metres plus any applicable distance specified in section 4.27.1 (g) Maximum lot coverage 45% 32.8 ft. (h) Maximum height of building or 10 metres subject to section 4.7 structure Deleted by By-law No. 2011-136 Maximum number of detached dwellings on one lot 1 only (k) Parking and access requirements in accordance with section 4.19.1 (I) Accessory buildings and accessory In accordance with sections 4.13 and 4.14 structures 2008-148 (m) Minimum landscaped open space 30% of the lot area (i) (i) 64 7.3 RESIDENTIAL IC DENSITY ZONE (RIC ZONE). 7.3.1 PERMITTED USES: No person shall within any R1C Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling (b) A home occupation in a detached dwelling, subject to the provisions of section 5.5 (c) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. 2009-176 (d) A group home type 1 7.3.2 REGULATIONS: No person shall within any R1 C Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: (a) Minimum lot area 550 square metres 5920 sq. ft. (b) Minimum lot frontage 49.2 ft. (i) for an interior lot 15 metres 59.1 ft. (ii) for a corner lot 18 metres 19.7 ft. (c) Minimum front yard depth 6 metres plus any applicable distance specified in section 4.27.1 24.6 ft. (d) Minimum rear yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 2011-136 3.9 ft. (e) Minimum interior side yard width, subject to the provisions of clause a of section 5.1, 14.8 ft. (f) Minimum exterior side yard width 1.2 metres 4.5 metres plus any applicable distance specified in section 4.27.1 (g) Maximum lot coverage 45% 32.8 ft. (h) Maximum height of building or 10 metres subject to section 4.7 structure 2008-148 (i) Deleted by By-law No. 2011-136 (j) Maximum number of detached 1 only dwellings on one lot (k) Parking and access requirements in accordance with section 4.19.1 (I) Accessory buildings and accessory in accordance with sections 4.13 and 4.14 structures (m) Minimum landscaped open space 30% of the lot area 65 7.4 RESIDENTIAL 1D DENSITY ZONE (RID ZONE). 7.4.1 PERMITTED USES: No person shall within any R1 D Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling (b) A home occupation in a detached dwelling, subject to the provisions of section 5.5 (c) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. 2009-176 (d) A group home type 1 7.4.2 REGULATIONS: No person shall within any R1 D Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: 4843.8 sq. ft. (a) Minimum lot area 450 square metres (b) Minimum lot frontage 49.2 ft. (i) for an interior lot 15 metres 59.1 ft. (ii) for a corner lot 18 metres 19.7 ft. (c) Minimum front yard depth 6 metres plus any applicable distance specified in section 4.27.1 24.6 ft. (d) Minimum rear yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 2011-136 (e) Minimum interior side yard width, 1.2 metres 3.9 ft. subject to the provisions of clause a of section 5.1, 14.8 ft. (f) Minimum exterior side yard width 4.5 metres plus any applicable distance specified in section 4.27.1 (g) Maximum lot coverage 45% 32.8 ft. (h) Maximum height of building or 10 metres subject to section 4.7 structure (i) Deleted by By-law No. 2011-136 (j) Maximum number of detached 1 only dwellings on one lot (k) Parking and access requirements in accordance with section 4.19.1 (1) Accessory buildings and accessory in accordance with sections 4.13 and 4.14 structures 2008-148 (m) Minimum landscaped open space 30% of the lot area 66 7.5 RESIDENTIAL 1E DENSITY ZONE (R1 E ZONE). 7.5.1 PERMITTED USES: No person shall within any R1 E Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling (b) A home occupation in a detached dwelling, subject to the provisions of section 5.5 (c) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. 2009-176 (d) A group home type 1 7.5.2 REGULATIONS: No person shall within any R1 E Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: (a) Minimum lot area 3982 sq. ft. (i) for an interior lot 370 square metres 4843.8 sq. ft. (ii) for a corner lot 450 square metres (b) Minimum lot frontage 39.4 ft. (i) for an interior lot 12 metres 49.2 ft. (ii) for a corner lot 15 metres 19.7 ft. (c) Minimum front yard depth 6 metres plus any applicable distance 93-284 specified in section 4.27.1 24.6 ft. (d) Minimum rear yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 1.2 metres 2011-136 3.9 ft. (e) Minimum interior side yard width, subject to the provisions of clause a of section 5.1, 14.8 ft. (f) Minimum exterior side yard width 4.5 metres plus any applicable distance specified in section 4.27.1 (g) Maximum lot coverage 45% 32.8 ft. (h) Maximum height of building or 10 metres subject to section 4.7 structure (i) Deleted by By-law No. 2011-136 (j) Maximum number of detached 1 only dwellings on one lot (k) Parking and access requirements in accordance with section 4.19.1 67 2008-148 (I) Accessory buildings and accessory in accordance with sections 4.13 and 4.14 structures (m) Minimum landscaped open space 30% of the lot area 68 7.5A RESIDENTIAL 1F DENSITY ZONE (RIF ZONE). 2016-04 7.5A.1 PERMITTED USES: No person shall within any R1 F Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling (b) A home occupation in a detached dwelling, subject to the provisions of section 5.5 Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. 2011-136 (d) A group home type 1 2016-04 7.5A.2 REGULATIONS: No person shall within any R1 F Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: 3444.5 sq.ft. (a) Minimum lot area 320 square metres (c) (b) Minimum lot frontage 32.8 ft. (i) for an interior lot 39.4 ft. (ii) for a corner lot (c) Minimum front yard depth 9.8 ft. (i) for a detached dwelling 19.7 ft. (11) for a private garage with driveway access from the front yard 24.6 ft. 2011-136 3.0 ft. (d) Minimum rear yard depth (e) Minimum interior side yard width, subject to the provisions of clause a of section 5.1, 14.8 ft. (f) Minimum exterior side yard width 9.8 ft. (i) for a detached dwelling 19.7 ft. (ii) for a private garage with driveway Access from the exterior side yard (g) Maximum lot coverage 69 10 metres 12 metres 3 metres plus any applicable distance specified in section 4.27.1 6 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 0.9 metres 3 metres plus any applicable distance specified in section 4.27 6 metres plus any applicable distance specified in section 4.27 45% 32.8 ft. (h) Maximum height of building or 10 metres subject to section 4.7 structure (i) Maximum number of detached 1 only dwellings on one lot (j) Parking and access requirements in accordance with section 4.19.1 (k) Accessory buildings and accessory in accordance with sections 4.13 and 4.14 structures (I) Minimum landscaped open space 30% of the lot area 70 7.6 RESIDENTIAL MOBILE HOME PARK ZONE (RMP ZONE). 7.6.1 PERMITTED USES: No person shall within any RMP Zone use any land or erect or use any building or structure for any purpose except for one or more of the following uses: (a) A mobile home park (b) A mobile home within a mobile home park (c) One only detached dwelling within a mobile home park (d) Accessory buildings and accessory structures, subject to the provisions of sections 4.13, 4.14 and 7.6.2 7.6.2 REGULATIONS: No person shall within any RMP Zone erect or locate or use any mobile home or erect or use any building or structure except in accordance with the provisions of section 4 and 5 and the following regulations: 147.6 ft. (a) Minimum lot frontage for 45 metres a mobile home park 2906.3 sq. ft. (b) Each mobile home shall be located on a mobile home site (c) Minimum area of each mobile 270 square metres home site 32.8 ft. (d) Minimum width of each mobile 10 metres home site 49.2 ft. (e) Minimum distance between any part of a building, mobile home or other structure (including an accessory building and accessory structure) and a street 49.2 ft. (f) Minimum distance between any part of a building, mobile home or other structure (including an accessory building and accessory structure) and the boundary of any residential zone other than a RMP Zone 9.8 ft. (g) Subject to clauses e and f, minimum distance between any part of a building, mobile home or other structure (including an accessory building and accessory structure and each lot line of the mobile home park which does not abut a street 71 15 metres plus any applicable distance specified in section 4.27.1 15 metres 3 metres (h) Subject to clauses e, f and g, minimum distance between any part of a mobile home and the following respective boundaries of the mobile home site: 14.8 ft. (i) the front boundary 4.5 metres 3.9 ft. (ii) one side boundary 1,2 metres 7.9 ft. (iii) the remaining side boundary 2.4 metres 19.7 ft. (iv) the rear boundary 6 metres (i) Notwithstanding any of the provisions of sections 4.13 and 4.14, no part of any accessory building or accessory structure which is accessory to a mobile home shall be erected closer to any boundary of a mobile home site than the respective distances specified in clause h of this section (j) Parking and access requirements in accordance with section 4.19.1 (k) Where any of the provisions of this section conflict with any of the provisions of sections 4.13 or 4.14, the provisions of this section shall govern. 72 7.7 RESIDENTIAL AND TWO ZONE (R2 ZONE). 7.7.1 PERMITTED USES: No person shall within any R2 Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling (b) A semi-detached dwelling (c) A duplex dwelling (d) A home occupation in a detached dwelling, or in a dwelling unit of a semi- detached dwelling or a duplex dwelling, subject to the provisions of section 5.5 (e) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. 2009-176 (f) A group home type 1 7.7.2 REGULATIONS: No person shall within any R2 Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: (a) Minimum lot area 3982.7 sq. ft. 6458.4 sq. ft. 39.4 ft. 49.2 ft. (i) for a detached dwelling 370 square metres (ii) for a semi-detached dwelling 600 square metres or a duplex dwelling (b) Minimum lot frontage (i) for a detached dwelling on an interior lot (ii) for a detached dwelling on a corner lot 59.1 ft. (iii) for a semi-detached dwelling or a duplex dwelling on an interior lot 65.6 ft. (iv) for a semi-detached dwelling or a duplex dwelling on a corner lot 19.7 ft. (c) Minimum front yard depth 93-284 24.6 ft. (d) Minimum rear yard depth 73 12 metres 15 metres 18 metres 20 metres 6 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 2011-136 (e) Minimum interior side yard width 3.9 ft. for a detached dwelling, a semi-detached dwelling or a duplex dwelling, subject to the provisions of clauses a and b of section 5.1 1.2 metres 14.8 ft. (f) Minimum exterior side yard width 4.5 metres plus any applicable distance specified in section 4.27.1 (g) Maximum lot coverage 45% 32.8 ft. (h) Maximum height of building or 10 metres subject to section 4.7 structure (i) Deleted by By-law No. 2011-136 (j) Maximum number of dwellings on one lot 1 only (k) Parking and access requirements in accordance with section 4.19.1 (I) Accessory buildings and accessory in accordance with sections 4.13 structures and 4.14 2008-148 (m) Minimum landscaped open space 30% of the lot area 74 7.8 RESIDENTIAL MIXED ZONE (R3 ZONE). 7.8.1 PERMITTED USES: No person shall within any R3 Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A detached dwelling (b) A semi-detached dwelling (c) A duplex dwelling (d) An on street townhouse dwelling (e) A triplex dwelling (f) A quadruplex dwelling (g) A home occupation in a detached dwelling, or in a dwelling unit of a semi- detached dwelling or a duplex dwelling, subject to the provisions of section 5.5. (h) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. 7.8.2 REGULATIONS: No person shall within any R3 Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: (a) Minimum lot area (i) for a detached dwelling 370 square metres 3982.7 sq. ft. (ii) for a semi-detached dwelling 600 square metres 6458.4 sq. ft. or a duplex dwelling 2152.8 sq. ft. (iii) for an on street townhouse 200 square metres for dwelling each dwelling unit 7965.4 sq. ft. (iv) for a triplex dwelling 740 square metres 10118.2 sq. ft. (v) for a quadruplex dwelling 940 square metres (b) Minimum lot frontage 39.4 ft. (i) for a detached dwelling 12 metres on an interior lot 49.2 ft. (ii) for a detached dwelling 15 metres on a corner lot 59.1 ft. (iii) fora semi-detached dwelling 18 metres or a duplex dwelling on an interior lot (iv) for a semi-detached dwelling 20 metres or a duplex dwelling on a 65.6 ft. corner lot 75 21.3 ft. (v) for an on street townhouse dwelling (vi) for a triplex dwelling on an 68.9 ft. interior lot (vii) for a triplex dwelling on a 73.8 ft. corner lot (viii) for a quadruplex dwelling 78.7 ft. on an interior lot (ix) for a quadruplex dwelling 83.7 ft. on a corner lot 19.7 ft. (c) Minimum front yard depth 93-284 24.6 ft. (d) Minimum rear yard depth 2011-136 3.9 ft. (e) Minimum interior side yard width, (i) for a detached dwelling, a semi-detached dwelling or a duplex dwelling, subject to the provisions of clauses a and b of section 5.1, (ii) for an on street townhouse dwelling, a triplex dwelling or 9.8 ft. a quadruplex dwelling 14.8 ft. (f) (g) (h) (i) a) (k) (I) 2008-148 (m) 32.8 ft. Minimum exterior side yard width Maximum lot coverage Maximum height of building or structure Deleted by By-law No. 2011-136 Maximum number of dwellings on one lot Parking and access requirements Accessory buildings and accessory structures Minimum landscaped open space 76 6.5 metres for each dwelling unit 21 metres 22.5 metres 24 metres 25.5 metres 6 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 1.2 metres 3 metres 4.5 metres plus any applicable distance specified in section 4.27.1 45% 10 metres subject to section 4.7 1 only in accordance with section 4.19.1 in accordance with sections 4.13 and 4.14 30% of the lot area 7.9 RESIDENTIAL LOW DENSITY, GROUPED MULTIPLE DWELLINGS ZONE (R4 ZONE). 7.9.1 PERMITTED USES: No person shall within any R4 Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A townhouse dwelling containing not more than 8 dwelling units (b) An apartment dwelling (c) Group dwellings, provided that no townhouse dwelling in the group dwellings contains more than 8 dwelling units (d) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. (e) a Home Occupation in a detached dwelling, or a dwelling unit of a semi-detached dwelling or a duplex dwelling, subject to the provisions of section 5.5. 7.9.2 REGULATIONS: Subject to section 7.9.3, no person shall within any R4 Zone use any land or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: (a) Minimum lot area 2691 sq. ft. 2152.8 sq. ft. (i) for a townhouse dwelling (ii) for an apartment dwelling (b) Minimum lot frontage 98.4 ft. (i) for a townhouse dwelling or an apartment dwelling containing more than four dwelling units 78.7 ft. (ii) for a townhouse dwelling or an apartment dwelling containing four dwelling units or less on an interior lot 83.7 ft. (iii) for a townhouse dwelling or an apartment dwelling containing four dwelling units or less on a corner lot 19.7 ft. 93-284 24.6 ft. (c) Minimum front yard depth (i) for a townhouse dwelling (ii) for an apartment dwelling 77 250 square metres for each dwelling unit 200 square metres for each dwelling unit 30 metres 24 metres 25.5 metres 6 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 (d) Minimum rear yard depth 24.6 ft. (i) for a townhouse dwelling 32.8 ft. (ii) for an apartment dwelling (e) Minimum interior side yard width (f) Minimum exterior side yard width 14.8 ft. (i) for a townhouse dwelling 24.6 ft. (11) for an apartment dwelling (g) Maximum lot coverage 32.8 ft. (h) Maximum height of building or structure (i) Deleted by By-law No. 2011-136 (j) Number of dwellings on one lot (k) Parking and access requirements (I) Accessory buildings and accessory structures 484.4 sq. ft. (m) Minimum landscaped open space 2008-148 (n) Minimum privacy yard depth for each townhouse dwelling unit, as measured from the exterior rear wall of every dwelling unit 7.5 metres plus any applicable distance specified in section 4.27.1 10 metres plus any applicable distance specified in section 4.27.1 one-half the height of the building 4.5 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 35% 10 metres subject to section 4.7 subject to compliance with section 7.9.3, more than one dwelling is permitted on one lot in accordance with section 4.19.1 in accordance with sections 4.13 and 4.14 45 square metres for each dwelling unit 7.5 metres 7.9.3 ADDITIONAL REGULATIONS FOR GROUP DWELLINGS: No person shall within any R4 Zone use any land or erect or use any building or structure for the purpose of group dwellings except in accordance with the provisions of sections 4, 5 and 7.10.2 as altered or extended by the following additional regulations: 78 (a) The minimum lot area shall not be less than the sum of the minimum lot area requirements of clause a of section 7.10,2 of each townhouse dwelling and each apartment dwelling erected or to be erected on the lot. (b) Nothing in section 4.11 or in clause b of section 7.10.2 shall be deemed to require each townhouse dwelling and each apartment dwelling to front or abut upon a street. 7.10 RESIDENTIAL APARTMENT 5A DENSITY ZONE (R5A ZONE). 7.10.1 PERMITTED USES: No person shall within any R5A Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) An apartment dwelling (b) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 7.10.2 REGULATIONS: No person shall within any R5A Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 5 of the following regulations: 2152.8 sq. ft. (a) Minimum lot area 200 square metres for each dwelling unit 98.4 ft. (b) Minimum lot frontage 30 metres 24.6 ft. (c) Minimum front yard depth 32.8 ft. (d) Minimum rear yard depth (e) Minimum interior side yard width 24.6 ft. (f) Minimum exterior side yard width 32.8 ft. Maximum lot coverage Maximum height of building or structure Number of apartment dwellings on one lot (j) Parking and access requirements (k) Accessory buildings and accessory structures (I) Minimum landscaped open space 80 7.5 metres plus any applicable distance specified in section 4.27.1 10 metres plus any applicable distance specified in section 4.27.1 one-half the height of the building 7.5 metres plus any applicable distance specified in section 4.27.1 30% 10 metres subject to section 4.7 one only in accordance with section 4.19.1 in accordance with sections 4.13 and 4.14 30% of the lot area 7.11 RESIDENTIAL APARTMENT 5B DENSITY ZONE (R5B ZONE). 7.11.1 PERMITTED USES: No person shall within any R5B Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) An apartment dwelling (b) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 7.11.2 REGULATIONS: No person shall within any R5B Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 5 of the following regulations: (a) Minimum lot area 133 square metres for each dwelling unit 1431.6 sq. ft. 98.4 ft. (b) Minimum lot frontage 30 metres 24.6 ft. 32.8 ft. 24.6 ft. (c) Minimum front yard depth (d) Minimum rear yard depth (e) Minimum interior side yard width (f) Minimum exterior side yard width (g) Maximum lot coverage 32.8 ft. (h) Maximum height of building or structure (i) Number of apartment dwellings on one lot (j) Parking and access requirements (k) Accessory buildings and accessory structures (1) Minimum landscaped open space 81 7.5 metres plus any applicable distance specified in section 4.27.1 10 metres plus any applicable distance specified in section 4.27.1 one-half the height of the building 7.5 metres plus any applicable distance specified in section 4.27.1 30% 10 metres subject to section 4.7 one only in accordance with section 4.19.1 in accordance with sections 4.13 and 4.14 35% of the lot area 7.12 RESIDENTIAL APARTMENT 5C DENSITY ZONE (R5C ZONE). 7.12.1 PERMITTED USES: No person shall within any R5C Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) An apartment dwelling (b) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 7.12.2 REGULATIONS: No person shall within any R5C Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 5 of the following regulations: 1076.4 sq. ft. (a) Minimum lot area 100 square metres for each dwelling unit 98.4 ft. (b) Minimum lot frontage 30 metres 24.6 ft. 32.8 ft. (c) Minimum front yard depth (d) Minimum rear yard depth (e) Minimum interiorsideyardwidth 24.6 ft. (f) Minimum exterior side yard width (g) Maximum lot coverage 62.3 ft. (h) Maximum height of building or structure (i) Number of apartment dwellings on one lot (j) Parking and access requirements (k) Accessory buildings and accessory structures (I) Minimum landscaped open space 82 7.5 metres plus any applicable distance specified in section 4.27.1 one-half the height of the building or 10 metres whichever is greater plus any applicable distance specified in section 4.27.1 one-half the height of the building 7.5 metres plus any applicable distance specified in section 4.27.1 30% 19 metres subject to section 4.7 one only in accordance with section 4.19.1 in accordance with sections 4.13 and 4.14 40% of the lot area 7.13 RESIDENTIAL APARTMENT 5D DENSITY ZONE (R5D ZONE). 7.13.1 PERMITTED USES: No person shall within any R5D Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) An apartment dwelling (b) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 7.13.2 REGULATIONS: No person shall within any R5D Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 5 of the following regulations: (a) Minimum lot area 80 square metres for each dwelling unit 861.1 sq. ft. 98.4 ft. 24.6 ft. 32.8 ft. (b) Minimum lot frontage 30 metres (c) Minimum front yard depth (d) Minimum rear yard depth (e) Minimum interior side yard width 24.6 ft. (f) Minimum exterior side yard width (g) Maximum lot coverage 72.2 ft. (h) Maximum height of building or structure (i) Number of apartment dwellings on one lot (j) Parking and access requirements (k) Accessory buildings and accessory structures (I) Minimum landscaped open space 83 7.5 metres plus any applicable distance specified in section 4.27.1 one-half the building height or 10 metres whichever is greater plus any applicable distance specified in section 4.27.1 one-half the height of the building 7.5 metres plus any applicable distance specified in section 4.27.1 30% 22 metres subject to section 4.7 one only in accordance with section 4.19.1 in accordance with section 4.13 and 4.14 45% of the lot area 7.14 RESIDENTIAL APARTMENT 5E DENSITY ZONE (R5E ZONE). 7.14.1 PERMITTED USES: No person shall within any R5E Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) An apartment dwelling (b) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 7.14.2 REGULATIONS: No person shall within any R5E Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 5 of the following regulations: (a) Minimum lot area 67 square metres for each dwelling unit 721.2 sq. ft. 114.8 ft. 24.6 ft. 32.8 ft. (b) Minimum lot frontage 35 metres (c) Minimum front yard depth (d) Minimum rear yard depth (e) Minimum interior side yard width 24.6 ft. (f) Minimum exterior side yard width (g) Maximum lot coverage 82.0 ft. (h) Maximum height of building or structure (j) Number of apartment dwellings on one lot (j) Parking and access requirements (k) Accessory buildings and accessory structures Minimum landscaped open space (1) 84 7.5 metres plus any applicable distance specified in section 4.27.1 one-half the building height or 10 metres whichever is greater plus any applicable distance specified in section 4.27.1 one-third the height of the building 7.5 metres plus any applicable distance specified in section 4.27.1 30% 25 metres subject to section 4.7 one only in accordance with section 4.19.1 in accordance with sections 4.13 and 4.14 50% of the lot area 7.15 RESIDENTIAL APARTMENT 5F DENSITY ZONE (R5F ZONE). 7.15.1 PERMITTED USES: No person shall within any R5F Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) An apartment dwelling (b) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 7.15.2 REGULATIONS: No person shall within any R5F Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 5 of the following regulations: (a) Minimum lot area 57 square metres for each dwelling unit 613.5 sq. ft. 147.6 ft. 24.6 ft. 32.8 ft. (b) Minimum lot frontage 45 metres (c) Minimum front yard depth (d) Minimum rear yard depth (e) Minimum interior side yard width 24.6 ft. (f) Minimum exterior side yard width (g) Maximum lot coverage 91.9 ft. (h) Maximum height of building or structure (1) Number of apartment dwellings on one lot (j) Parking and access requirements (k) Accessory buildings and accessory structures (I) Minimum landscaped open space 85 7.5 metres plus any applicable distance specified in section 4.27.1 one-half the building height or 10 metres whichever is greater plus any applicable distance specified in section 4.27.1 one-quarter the height of the building 7.5 metres plus any applicable distance specified in section 4.27.1 30% 28 metres subject to section 4.7 one only in accordance with section 4.19.1 in accordance with sections 4,13 and 4.14 55% of the lot area 7.16 TRANSITION RESIDENTIAL MULTIPLE ZONE (TRM ZONE). 7.16.1 PERMITTED USES: No person shall within any TRM Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A use which is lawfully being carried on the date of the passing of this By-law upon such land or in any building or structure erected thereon (b) An accessory use to the use described in clause a (c) A detached dwelling (d) A home occupation in a detached dwelling or in a dwelling unit of an existing semi- detached dwelling or in a dwelling unit of an existing semi-detached dwelling or duplex dwelling, subject to the provisions of section 5.5. 2009-176 (e) A group home type 1 2016-03 (f) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 7.16.2 REGULATIONS: No person shall within any TRM Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 5 and the following regulations: (a) the same regulations which are contained in clauses a to I inclusive of section 7.5.2 (b) nothing in this section shall apply to prevent the reconstruction of any building or structure that is damaged by causes beyond the control of the owner subsequent to the date of the passing of this By-law, provided the reconstruction of such building or structure will not increase the height, size or volume or change the use of such building or structure. (c) nothing in this section shall apply to prevent the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure, provided such alteration or repair will not increase the height, size or volume or change the use of such building or structure. 86 SECTION 8 - COMMERCIAL ZONES 8.1 NEIGHBOURHOOD COMMERCIAL ZONE (NC ZONE) 8.1.1 PERMITTED USES: No person shall within any NC Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Bake Shop 2002-061 (b) Bank, Trust Company, Credit Union, Currency Exchange (c) Clinic (d) Library (e) Office (f) Personal Service shop (g) Restaurant (h) Retail store (i) Service shop 2011-136 (j) Animal clinic (k) Adult Store provided the adult store is separated from another adult store by a 2002-199 minimum distance of 100 metres and from an adult entertainment parlour or body -rub parlour by a minimum distance of 300 metres. I dwellingunits in a buildingin combination with one or more of the uses listed in () clauses a to j inclusive above, provided that not more than 50% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor. 2008-148 (m) Day nursery 2008-148 (n) Health centre 2016-03 (o) Outdoor patio which is an accessory use to a restaurant, in accordance with section 4.25A 8.1.2 REGULATIONS: No person shall within any NC Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations. 98.4 ft. (a) Minimum lot frontage 30 metres 49.2 ft. (b) Minimum front yard depth 32.8 ft. (c) Minimum rear yard depth 87 15 metres plus any applicable distance specified in section 4.27.1 10 metres plus any applicable distance specified in section 4.27.1 9.8 ft. (d) Minimum interior side yard width (i) where the side lot line abuts a residential, institutional or open space zone (ii) where the side lot line does not abut a residential, institutional or open space zone 39.4 ft. (e) Minimum exterior side yard width (f) 26.2. ft. (g) 2475.7 sq. ft. (h) Maximum lot coverage Maximum height of building or structure Maximum floor area (i) Parking and access requirements (j) Loading area requirements 88 3 metres None required 12 metres plus any applicable distance specified in section 4.27.1 40% 8 metres subject to section 4.27 230 square metres for any permitted use described in clauses a to j inclusive or section 8.1.1 in accordance with section 4.19.1 in accordance with section 4.20.1 8.2 GENERAL COMMERCIAL ZONE (GC ZONE). 8.2.1 PERMITTED USES: No person shall within any GC Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Assembly hall (b) Auctioneering establishment (c) Bake Shop 2002-061 (d) Bank, Trust Company, Credit Union, Currency Exchange (e) A building supplies shop and yard (f) Car rental establishment, truck rental establishment 2002-061 (g) Car wash, interior and exterior hand car cleaning (h) Clinic (i) Community building (j) Day Nursery (k) Drive-in restaurant (I) Dry cleaning establishment (m) Farmer's market (n) Funeral home (o) Health Centre (p) Hotel (q) Laundry (r) Library (s) Motel (t) New car agency (u) Nursing home (v) Office (w) Parking lot (x) Personal service shop (y) Photographer's studio (z) Place of entertainment (aa) Place of Worship (bb) Printing shop (cc) Private club (dd) Public garage, mechanical (ee) Receiving Home within the meaning of The Child Welfare Act (ff) Recreational uses 89 (gg) Restaurant (hh) Retail store (ii) Service shop (jj) Tavern (kk) Used car lot 2011-136 (II) Animal clinic (mm) Adult Store provided the adult store is separated from another adult store by a 2002-199 minimum distance of 100 metres and from an adult entertainment parlour or body - rub parlour by a minimum distance of 300 metres, except for any adult stores situated at or between properties municipally known as 6443 and 6395 Lundy's Lane which shall be allowed to be separated from each other by a minimum distance of 30 metres. 2002-061 (nn) dwelling units in a building in combination with one or more of the uses listed in this section provided not more than 66% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor. 98-03 (nn) Body -rub parlour (Repealed by By-law 2002-201) 2002-061 2002-061 2008-23 2008-23 2016-03 2016-03 8.2.2 19.7 ft. (oo) Dancing studio (pp) Tattoo studio (qq) Art Gallery (rr) Museum (ss) A garden centre which is an accessory use to a retail store (tt) Outdoor patio which is an accessory use to a drive-in restaurant, hotel, place of entertainment, a restaurant and a tavern, in accordance with section 4.25A REGULATIONS: Subject to section 8.2.3 and 8.2.4, no person shall within any GC Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) Minimum lot frontage 6 metres (b) Minimum front yard depth in accordance with section 4.27.1, where applicable (c) Minimum rear yard depth 32.8 ft. (i) where any part of the building 10 metres plus any applicable is used for residential purposes distance specified in section 4.27.1 90 9.8 ft. (ii) where no part of the building is used for residential purposes (d) Minimum interior side yard width 9.8 ft. (1) where the side lot line abuts a residential, institutional or open space zone (ii) where the side lot line does not abut a residential, institutional or open space zone (e) Minimum exterior side yard width (f) Maximum lot coverage 39.4 ft. (g) Maximum height of building or structure (h) Maximum floor area (1) Parking and access requirements Loading area requirements (i) 3 metres plus any applicable distance specified in section 4.27.1, provided that no rear yard is required where the rear lot line abuts a public land or a public parking lot 3 metres None required in accordance with section 4.27.1, where applicable 70% 12 metres subject to section 4.7 not specified in accordance with section 4.19.1 in accordance with section 4.20.1 8.2.3 REGULATIONS FOR CAR WASHES, DRIVE-IN RESTAURANTS AND MOTELS: The regulations in clauses a to g inclusive of section 8.2.2 shall not apply to car washes, drive-in restaurants or motels in GC Zones. The remaining provisions of section 8.2.2 and all of the supplementary regulations for car washes in section 4.22 and all of the supplementary regulations for drive -in -restaurants in section 4.23 and all of the supplementary regulations for motels in section 4.25 shall apply to car washes, drive -in -restaurants and motels, respectively, in GC Zones. 8.2.4 REGULATIONS FOR BODY -RUB PARLOURS: 98-03 (a) No body -rub parlour shall be located closer than 100 metres measured in a straight (Repealed by line from the nearest part of the body -rub parlour building(s) to the lot line of a By-law 2002-201) Residential zone, an Institutional zone, or Open Space zone, or to any of the following uses: place of worship; nursery school; day nursery; community building; or school. (b) No body -rub parlour shall have a floor area greater than 300 square metres. 98-03 (Repealed by By-law 2002-201) 91 8.3 DEFERRED COMMERCIAL ZONE (DC ZONE). 8.3.1 PERMITTED USES: No person shall within any DC Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A use which is lawfully being carried on the date of the passing of this By-law upon such land or in any building or structure erected thereon (b) An accessory use to the use described in clause a (c) A detached dwelling (d) A home occupation in a detached dwelling or in a dwelling unit of an existing semi- detached dwelling or duplex dwelling, subject to the provisions of section 5.5 2016-03 (e) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. 8.3.2 REGULATIONS: No person shall within any DC Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following provisions and regulations: (a) all of the provisions of section 5 which apply to R1 E Zones shall also apply to DC Zones (b) all of the regulations for Ri E Zones contained in section 7.5.2 shall also apply to DC Zones (c) nothing in this section shall apply to prevent the reconstruction of any building or structure that is damaged by causes beyond the control of the owner subsequent to the date of the passing of this By-law, provided the reconstruction of such building or structure will not increase the height, size or volume or change the use of such building or structure. (d) nothing in this section shall apply to prevent the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure or the alteration or repair of an existing building or structure, provided such alteration or repair will not increase the height, size or volume or change the use of such building or structure. 92 8.4 PLANNED SHOPPING CENTRE COMMERCIAL ZONE (SC ZONE). 8.4.1 PERMITTED USES: No person shall within any SC Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses, provided that each such use, except the uses described in clauses g and v, is conducted within a completely enclosed building: (a) Assembly hall (b) Automobile service station (c) Bake shop 2002-061 (d) Bank, Trust Company, Credit Union, Currency Exchange 2002-061 (e) Car wash, interior and exterior hand car cleaning (f) Clinic (g) Day Nursery (h) Drive -in -restaurant (1) Gasoline bar (j) Health Centre (k) Library (I) Office (m) Personal Service shop (n) Photographer's studio (o) Place of entertainment (p) Public garage, mechanical (q) Restaurant (r) Retail store (s) Service shop (t) Tavern 2011-136 (u) Animal clinic (v) A garden centre which is an accessory use to a retail store 2000-011 (w) Beer, wine or liquor store 2002-061 (x) Dancing studio 2016-03 (y) Outdoor patio which is an accessory use to a drive-in restaurant, place of entertainment, restaurant and tavern, in accordance with section 4.25A. 8.4.2 REGULATIONS: No person shall within any SC Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: 393.7 ft. (a) Minimum lot frontage 120 metres 393.7 ft. (b) Minimum lot depth 120 metres 59.1 ft. (c) Minimum front yard depth 18 metres plus any applicable distance specified in section 4.27.1 93 59.1 ft. (d) Minimum rear yard depth 59.1 ft. (e) Minimum interior side yard width 59.1 ft. (f) Minimum exterior side yard width 18 metres plus any applicable distance specified in section 4.27.1 18 metres 18 metres plus any applicable distance specified in section 4.27.1 (g) Maximum lot coverage 25% 59.1 ft. (h) Maximum height of building or structure 475,242 sq. ft. (i) Maximum gross leasable 2000-011 floor area 20,030 sq. ft. (j) Additional maximum gross leasable floor area for certain uses (k) Parking and access requirements (I) Loading area requirements (m) Open storage 18 metres subject to section 4.7 subject to clause j, 44,150 square metres which may be contained in one or more buildings not exceeding, in the aggregate, 1,860 square metres for an automobile service station, car wash, drive -in -restaurant, and gasoline bar which shall be in addition to the maximum gross leasable floor area permitted in clause (i) in accordance with section 4.19.1 in accordance with section 4.20.1 No person shall use any land within a SC Zone for the open storage of goods and materials provided that this shall not apply to the storage of garden and sporting equipment and supplies in an outdoor shop or area operated as an accessory use to a retail store 8.4.3 REGULATIONS FOR CAR WASHES AND DRIVE-IN RESTAURANTS: Notwithstanding sections 4.22 and 4.23, the regulations in section 8.4.2 shall apply to car washes and drive-in restaurants in a SC Zone. 94 8.5 CENTRAL BUSINESS COMMERCIAL ZONE (CB ZONE). 8.5.1 PERMITTED USES: No person shall within any CB Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Art gallery (b) Assembly hall (c) Auctioneering establishment (d) Bake shop (e) Bank, Trust Company, Credit Union, Currency Exchange (f) Car rental establishment, truck rental establishment (g) Clinic (h) Dancing studio (i) Day Nursery (j) Drive-in restaurant (k) Dry cleaning establishment (I) Farmers' market (m) Funeral home (n) Health Centre (o) Hotel (p) Laundry (q) Library (r) Motel (s) Museum (t) Office (u) Parking lot (v) Personal Service shop (w) Photographer's studio (x) Place of entertainment (y) Place of Worship (z) Printing shop (aa) Public garage, mechanical (bb) Private club (cc) Recreational uses (dd) Restaurant (ee) Retail store (ff) Service shop (gg) Tavern (hh) Animal clinic 2002-061 2011-136 2002-199 2004-200 2004-200 2016-03 8.5.2 19.7 ft. 33.0 ft. (ii) Adult Store provided the adult store is separated from another adult store by a minimum distance of 100 metres and from an adult entertainment parlour or body -rub parlour by a minimum distance of 300 metres. dwelling units in a building in combination with one or more of the uses listed in clauses a to hh inclusive above, provided that not more than 75% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor. (kk) Licensed establishment (II) Nightclub (mm) Outdoor patio which is an accessory use to a drive-in restaurant, hotel, licensed establishment, nightclub, place of entertainment and restaurant, in accordance with section 4.25A. REGULATIONS: Subject to section 8.5.3, no person shall within any CB Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) Minimum lot frontage 6 metres Gj) (b) Minimum front yard depth in accordance with section 4.27.1, where applicable (c) Minimum rear yard depth (1) where any part of the building is used for residential purposes 9.8 ft. (ii) where no part of the building is used for residential purposes 93-284 40.0 ft. (d) Minimum interior side yard width (e) Minimum exterior side yard width Maximum lot coverage Maximum height of a building or structure Maximum floor area Parking and access requirements Loading area requirements 96 10 metres plus and applicable distance, specified in section 4.27.1 3 metres plus any applicable distance specified in section 4.27.1, provided that no rear yard is required where the rear lot line abuts a public lane or a public parking lot none in accordance with section 4.27.1, where applicable 85% 12 metres subject to section 4.7 not specified in accordance with section 4.19.1 in accordance with section 4.20.1 8.5.3 8.5.4 2004-200 8.5.5 2004-200 REGULATIONS FOR DRIVE-IN RESTAURANTS AND MOTELS: The regulations in clauses a to g inclusive of section 8.5.2 shall not apply to drive-in restaurants and motels in CB Zones. The remaining provisions of section 8.5.2 and all of the supplementary regulations for drive-in restaurants in section 4.23 and all of the supplementary regulations for motels in section 4.25 shall apply to drive-in restaurants and motels, respectively, in CB Zones. DEFINITIONS OF LICENSED ESTABLISHMENT AND NIGHTCLUB: (a) "Licensed establishment" means any premises issued a licence by the Alcohol and Gaming Commission of Ontario under the Liquor Licence Act, to serve liquor either as a permanently -licensed facility or a temporary or occasionally -licensed facility; and (b) "Nightclub" means a licensed establishment having a capacity of over 499 persons as set out in any and all liquor licence(s) issued for such licensed establishment by the Alcohol and Gaming Commission of Ontario. REGULATIONS FOR NIGHTCLUBS: (a) a nightclub shall be separated from another nightclub or licensed establishment by a minimum distance of 100 metres measured from premises to premises. (b) a nightclub shall be separated from the boundary of a Residential Zone by a minimum distance of 45 metres. (c) parking for a nightclub shall be provided at a rate of 1 parking space for each 5 persons that can be lawfully accommodated therein at any one time. 97 8.6 TOURIST COMMERCIAL ZONE (TC ZONE). 8.6.1 PERMITTED USES: No person shall within any TC Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Art gallery (b) Assembly hall (c) Automobile service station (d) Bake shop 2002-061 (e) Bank, Trust Company, Credit Union, Currency Exchange (f) Beer, wine or liquor store (g) Car rental establishment, truck rental establishment 2002-061 (h) Car wash, interior and exterior hand car cleaning (i) Clothing store (j) Convention centre (k) Day Nursery (1) Drive-in restaurant (m) Drug store (n) Exhibitions of wax works, automobiles, handcrafts, natural or artificial curiosities, freaks of nature (o) Food store (p) Health Centre (q) Hotel (r) Motel (s) Museum (t) Parking lot (u) Personal Service shop (v) Photographer's studio (w) Place of entertainment (x) Place of worship (y) Private club (z) Public garage, mechanical (aa) Recreational uses (bb) Restaurant (cc) Service shop 2002-061 (dd) Sightseeing tours establishment, sightseeing tourist information centre (ee) Souvenir store (ff) Tobacco store (gg) Tourist home 98 2002-199 2002-061 81-62 98-03 (Repealed by By-law 2002-201) 99-79 2000-135 2016-03 2016-03 (hh) Adult Store provided the adult store is separated from another adult store by a minimum distance of 100 metres and from an adult entertainment parlour or body -rub parlour by a minimum distance of 300 metres. (ii) dwelling units in a building in combination with one or more of the uses listed in this section, provided that not more than 50% of the total floor area of such building is used for dwelling units and further provided that such dwelling units except entrances thereto are located entirely above the ground floor. (jj) Gasoline bar (kk) Body -rub parlour (II) Timeshare sales office (mm)Retail store (nn) Office (oo) Outdoor patio which is an accessory use to a drive-in restaurant, hotel, place of entertainment and a restaurant, in accordance with section 4.25A. 8.6.2 REGULATIONS: Subject to sections 8.6.3 and 8.6.4, no person shall within any TC Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: 19.7 ft. (a) Minimum lot frontage 6 metres (b) Minimum front yard depth in accordance with sections 4.27.1, where applicable (c) Minimum rear yard depth 33.0 ft. (1) 9.8 ft. where any part of the building is used for residential purposes (ii) where no part of the building is used for residential purposes (d) Minimum interior side yard width 9.8 ft. (1) where the side lot line abuts a residential, institutional or open space zone (ii) where the side lot line does not abut a residential, institutional or open space zone (e) Minimum exterior side yard width 99 10 metres plus any applicable distance specified in section 4.27.1 3 metres plus any applicable distance specified in section 4.27.1, provided that no rear yard is required where the rear lot line abuts a public lane or a public parking lot 3 metres none required in accordance with section 4.27.1, where applicable (f) Maximum lot coverage 70% 40.0 ft. (g) Maximum height of building or 12 metres subject to section 4.7 structure (h) Maximum floor area not specified (i) Parking and access requirements in accordance with section 4.19.1 (j) Loading area requirements in accordance with section 4.20.1 2000-135 (k) Maximum floor area for each retail store 400 square metres 2000-135 (I) Maximum floor area of all retail stores 3,530 square metres per property 8.6.3 REGULATIONS FOR CAR WASHES, DRIVE-IN RESTAURANTS AND MOTELS: The regulations in clauses a to g inclusive of section 8.6.2 shall not apply to car washes, drive-in restaurants or motels in TC Zones. The remaining provisions of section 8.6.2 and all of the supplementary regulations for car washes in section 4.22 and all of the supplementary regulations for drive-in restaurants in section 4.23 and all of the supplementary regulations for motels in section 4.25 shall apply to car washes, drive-in restaurants and motels, respectively, in TC Zones. 8.6.4 REGULATIONS FOR GASOLINE BARS: The regulations in section 8.6.2 shall not apply to 2011-136 gasoline bars but all of the regulations in section 8.9.3 for gasoline bars in AS Zones shall also apply to gasoline bars in TC Zones. 8.6.5 REGULATIONS FOR AUTOMOBILE SERVICE STATIONS: The regulations in section 8.6.2 shall not apply to automobile service stations but all of the regulations in section 8.9.2 for automobile service stations in AS Zones shall also apply to automobile service stations in TC Zones. 8.6.6 REGULATIONS FOR BODY -RUB PARLOURS: 98-03 (a) No body -rub parlour shall be located closer than 100 metres measured in a straight (Repealed by line from the nearest part of the body -rub parlour building(s) to the lot line of a By-law 2002-201) Residential zone, an Institutional zone, or Open Space zone, or to any of the following uses: place of worship; nursery school; day nursery; community building; or school. 98-03 (b) No body -rub parlour shall have a floor area greater than 300 square metres. (Repealed by By-law 2002-201) 100 8.7 CAMPING ESTABLISHMENT ZONE (CE ZONE). 8.7.1 PERMITTED USES: No person shall within any CE Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A trailer camp licensed by The Corporation of the City of Niagara Falls (b) One only detached dwelling within a trailer camp (c) Accessory buildings and accessory dwelling, subject to the provisions of sections 4.13, 4.14 and 8.7.2 8.7.2 REGULATIONS: No person shall within any CE Zone erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: 197.0 ft. (a) Minimum lot frontage for a 60 metres trailer camp (b) Minimum lot area for a trailer camp 14.8 ac. (i) if the trailer camp is serviced by a municipal watermain and a municipal sanitary sewer and all plumbing, sanitary and drainage, piping, fixtures and appliances are connected to the said watermain and sanitary sewer, respectively 24.7 ac. (11) if the trailer camp is serviced with a potable water supply and sanitary sewage facilities other than those described in subclause I but approved by the Niagara Regional Health Unit 197.0 ft. (c) Minimum distance between any part of a trailer camp site and the boundary of any residential zone 50.0 ft. (d) Minimum distance between any part ofa building or structure (including an accessory building and accessory structure) and any street or reserve 24.6 ft. (e) Subject to clauses c and d, minimum distance between any part of a building or structure (including an accessory building and accessory structure and each lot line of a trailer camp which does not abut a street or a reserve 6 hectares 10 hectares 60 metres 15 metres plus any applicable distance specified in section 4.27.1 7.5 metres (f) Parking and access requirements in accordance with section 4.19.1 101 (g) Where any of the provisions of this section conflict with any of the provisions of sections 4.13 or 4.14, the provisions of this section shall govern 102 8.8 DEFERRED TOURIST COMMERCIAL ZONE (DTC ZONE). 8.8.1 PERMITTED USES: No person shall within any DTC Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A use which is lawfully being carried on the date of the passing of this By-law upon such land or in any building or structure erected thereon (b) An accessory use to the use described in clause a (c) A detached dwelling (d) A home occupation in a detached dwelling or in a dwelling unit of an existing semi- detached dwelling or duplex dwelling, subject to the provisions of section 5.5 8.8.2 REGULATIONS: No person shall within any DTC Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following provisions and regulations: (a) all of the provisions of section 5 which apply to R1 E Zones shall also apply to DTC Zones (b) all of the regulations for R1 E Zones contained in section 7.5.2 shall also apply to DTC Zones (c) nothing in this section shall apply to prevent the reconstruction of any building or structure that is damaged by causes beyond the control of the owner subsequent to the date of the passing of this By-law, provided the reconstruction of such building or structure will not increase the height, size or volume or change the use of such building or structure (d) nothing in this section shall apply to prevent the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure or the alteration or repair of an existing, building or structure, provided such alteration or repair will not increase the height, size or volume or change the use of such building or structure. 103 8.9 AUTOMOBILE SERVICE STATION AND GASOLINE BAR ZONE (AS ZONE). 8.9.1 PERMITTED USES: No person shall within any AS Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Automobile Service Station (b) Gasoline Bar (c) Car Wash (d) Convenience store accessory to an automobile service station or gas bar 81-62 2011-136 #46 8.9.2 REGULATIONS FOR AUTOMOBILE SERVICE STATIONS: No person shall within any AS Zone use any land or erect or use any building or structure for the purpose of an automobile service station except in accordance with the provisions of section 4 and the following regulations: (a) Minimum lot frontage 99.0 ft. (i) for an interior lot 132.0 ft. (ii) for a corner lot 99.0 ft. (b) Minimum lot depth 40.0 ft. (c) Minimum front yard depth 16.4 ft. (d) Minimum rear yard depth (i) for a lot that abuts a residential zone (ii) for a lot that does not abut a residential zone (e) Minimum interior side yard width 16.4 ft. (i) (ii) where the side lot line does not abut a residential zone (f) 19.7 ft. where the side lot line abuts a residential zone Minimum exterior side yard width (i) where the side lot line abuts a portion of a street and the opposite side of such portion of a street abuts a residential zone 104 30 metres 40 metres 30 metres 12 metres plus any applicable distance specified in section 4.27.1 5 metres plus any applicable distance specified in section 4.27.1 in accordance with section 4.27.1, where applicable 5 metres none required 6 metres plus any applicable distance specified in section 4.27.1 9.8 ft. (ii) in all other cases 3 metres plus any applicable distance specified in section 4.27.1 (g) Maximum lot coverage 20% 26.2 ft. (h) Maximum height of a building or 8 metres subject to section 4.7 structure (i) Minimum landscaped open space 5% (j) Notwithstanding any of the above 6 metres 81-62 provisions, no pump, pump island #47 or canopy shall be located closer 19.7 ft. to any lot line than (k) Parking and access requirements in accordance with section 4.19.1 (I) No part of a lot shall be used for the parking or storing of any motor vehicle for a period exceeding 1 week. 2011-136 (m) Maximum floor area of a convenience store 200 square metres 8.9.3 REGULATIONS FOR GASOLINE BARS: No person shall within any AS Zone use any land or erect or use any building or structure for the purpose of a gasoline bar except in accordance with the provisions of section 4 and the following regulations: 99.0 ft. (a) Minimum lot frontage 30 metres 99.0 ft. (b) Minimum lot depth 30 metres 33.0 ft. (c) Minimum front yard depth 10 metres plus any applicable distance specified in section 4.27.1 81-62 (d) Minimum rear yard depth 5 metres plus any applicable #48 distance specified in section 16.4 ft. 4.27.1 16.4 ft. 2016-03 33.0 ft. (e) Minimum interior side yard width 5 metres (f) Minimum exterior side yard width 10 metres plus any applicable distance specified in section 4.27.1 2016-03 (g) Maximum lot coverage 20% 26.2 ft. (h) Maximum height of a building or 8 metres subject to section 4.7 2016-03 structure 105 (i) Minimum landscaped open space 5% 0) Notwithstanding any of the above 81-62 provisions, no pump, pump island #49 or canopy shall be located closer 19.7 ft. to any lot line than 2011-136 8,9.4 81-62 #50 6 metres (k) Parking and access requirements in accordance with section 4.19.1 (I) No part of a lot shall be used for the parking or storing of any motor vehicle for a period exceeding one week. (m) Maximum floor area of a convenience store 200 square metres REGULATIONS FOR CAR WASHES: All of the supplementary regulations for car washes in section 4.22, as amended, shall apply to car washes in AS Zones. 106 SECTION 9 - INSTITUTIONAL ZONE (I ZONE) 9.1 PERMITTED USES: No person shall within any I Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Art gallery or museum (b) Community building (c) Emergency Care Residence (d) Long Term Care Home (e) Hospital (f) Nursing home (g) Place of Worship (h) Private Club (i) Receiving home, within the meaning of The Child Welfare Act (j) Religious institution (k) Sanatorium (I) Retirement home (m) Y.M.C.A, Y.W.C.A, Y.M.H.A (n) Accessory buildings and accessory structures which are accessory to any of the foregoing uses, including not more than 1 dwelling unit which is accessory to and on the same lot as the principal use. (o) Day nursery REGULATIONS: No person shall within any I Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) Minimum lot area 2016-03 2016-03 2008-148 2008-148 9.2 4.9 ac. (i) for a hospital or sanatorium 2 hectares .37 ac. (ii) for any other use described 0.15 hectare in clauses a to m of section 9.1 (b) Minimum lot frontage 493.0 ft. (i) for a hospital or sanatorium 150 metres 98.4 ft. (ii) for any other use described 30 metres in clauses a to m of section 9.1 33.0 ft. (c) Minimum front yard depth 107 10 metres plus any applicable distance specified in section 4.27.1 16.4 ft. (d) Minimum interior side yard width 5 metres 24.6 ft. (e) Minimum exterior side yard width 7.5 metres plus any applicable distance specified in section 4.27.1 33.0 ft. (f) Minimum rear yard depth (g) Maximum lot coverage 10 metres plus any applicable distance specified in section 4.27.1 35% 33.0 ft. (h) Maximum height of building or 10 metres subject to section 4.7 structure (i) Minimum landscaped open space 5% (j) Parking and access requirements in accordance with section 4.19.1 (k) Where any of the provisions of this section conflict with any of the provisions of sections 4.13 or 4.14, the provisions of this section shall govern 108 GENERAL PROVISIONS FOR INDUSTRIAL ZONES 10.1 Subject to section 10.2, no person shall, within any Industrial Zone, use any land or erector use any building or structure for the purpose of a retail store. 10.2 Section 10.1 shall not apply to prevent the offering or keeping for sale at retail of goods, wares, merchandise, substances or articles through a "factory outlet" but only where and as long as: (a) such "factory outlet" is incidental, subordinate and exclusively devoted to an industrial undertaking being carried on at the same location as such "factory outlet", (b) such goods, wares, merchandise, substances or articles are manufactured or produced at such location by such industrial undertaking. (c) such "factory outlet" is contained in or attached to the building in which such industrial undertaking is being carried on. 10.3 Where a building or structure within any PI, LI, GI, or HI Zone was lawfully used at the 81-62 day of the passing of this By-law for a purpose prohibited by this By-law, nothing in this By- #51 law shall apply to prevent, (a) the reconstruction of any such building or structure that is damaged subsequent to the day of the passing of this By-law by a cause or causes beyond the control of the owner, or (b) the alteration or repair of any such building or structure, provided that (i) such reconstruction, alteration or repair will not increase the height, size or volume of such building or structure and (ii) such building or structure continues to be used in the same manner and for the same purpose as it was used on the day of the passing of this By-law. 10.4 Where a lot in any PI, LI, GI or HI Zone having a lesser lot area and/or lot frontage than that required under this By-law is held under distinct and separate ownership from all abutting lands as shown by a registered conveyance in the records of the Land Registry Office as at the 5th day of November, 1979 or is created as a result of an expropriation, nothing in section 4.11 or in the regulations for the zone in which such lot is located shall prevent the use of such lot or the erection or use of any building or structure on such lot 6996.8 sq.ft. for a use permitted in such zone provided that the lot area of such lot is not less than 650 49.2 ft. square metres and lot frontage of such lot is not less than 15 metres and further provided that all the remaining regulations for the zone in which such lot is located shall apply and are complied with. 10.5 Adult Entertainment Parlours and Body-Rub Parlours which are permitted within PI, LI, 2002-201 GI, HI and TDI zones shall only be permitted subject to the provisions of the applicable zone category as well as the following provisions: 109 (a) Adult entertainment parlours and body -rub parlours are only permitted within areas 2004-14 shown hatched on Schedule C and Schedules C -A through to and including C -F and Schedules C -H through to and including C -K. (b) Adult entertainment parlours and body rub parlours must be separated from each other by a minimum distance of 300 metres measured from building to building; and (c) Adult entertainment parlours and body -rub parlours are permitted only in freestanding, single use structures. (d) No body -rub parlour shall have a gross leasable floor area greater than 300 square 3229 sq.ft. metres. (e) No adult entertainment parlour shall have a gross leasable floor area greater than 10,000 sq.ft. 929 square metres. 110 SECTION 11 - INDUSTRIAL ZONES 11.1 PRESTIGE INDUSTRIAL ZONE (PI ZONE). 11.1.1 PERMITTED USES: No person shall within any PI Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses, provided that each such use except the uses described in clauses b, I, j and I is conducted within a completely enclosed building and is not prohibited under section 4.8: (a) Manufacturing, compounding, processing, packaging, crating, bottling, assembling of raw or semi -processed or fully processed materials, and further provided that no such use is dangerous, obnoxious or offensive by reason of the presence, emission or production of odour, smoke, noise, gas fumes, cinders, vibration, radiation, refuse matter or water carried waste (b) Car rental establishment, truck rental establishment (c) Car wash (d) Cold storage plant (e) Commercial printing and associated services establishment (f) Consulting engineering office (g) Ice manufacturing plant (h) Laboratory - experimenting, commercial or testing (1) New car agency (j) Nursery for trees, shrubs, plants (k) Public garage, mechanical (I) Used car lot (m) Warehouse (n) Wholesale establishment (o) Winery 2002-201 (p) Adult entertainment parlour, subject to the provisions of section 10.5 2002-201 (q) Body -rub parlour, subject to the provisions of section 10.5 (r) An office which is an accessory use to one of the foregoing permitted uses. 11.1.2 REGULATIONS: Subject to section 11.1.3, no person shall within any PI Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 10 and the following regulations. 99.0 ft. (a) Minimum lot frontage 30 metres 21530.0 ft. (b) Minimum lot area 2000 square metres 33.0 ft. (c) Minimum front yard depth 10 metres plus any applicable distance specified in section 4.27.1 111 11.5 ft. (d) Minimum interior side yard width 24.6 ft. (e) Minimum exterior side yard width (f) Minimum rear yard depth 50.0 ft. (i) where the rear lot line abuts a residential zone 24.6 ft. (ii) where the rear lot line does not abut a residential zone 40.0 ft. (g) Maximum height of building or structure 2011-136 3.5 metres 7.5 metres plus any applicable distance specified in section 4.27.1 15 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 12 metres subject to section 4.7 (h) Minimum height of exterior walls: The minimum vertical height of each exterior wall of any such building or structure shall be 2.5 metres above the elevation of the finished ground level at the mid point of the wall in question. (i) Maximum lot coverage 60% (j) Minimum landscaped open space (i) for an interior lot 67% of the required front yard (ii) for a corner lot 67% of the required front yard and 67% of the required exterior side yard (k) Parking and access requirements in accordance with section 4.19.1 (I) Loading area requirements in accordance with section 4.20.1 (m) Property abutting railways: Notwithstanding clauses d, e, f and j, where any lot line abuts a railway right-of-way, no side yard or rear yard or landscaped open space shall be required on that portion of a lot contiguous to the portion of the lot line which abuts the railway right-of-way (n) Outside storage: Except in the case of the uses described in clauses b,i,j and I of section 11.1.1, no person shall use any part of the front yard or exterior side yard of any lot for the purpose of outside storage. (o) External design: The front exterior walls of any such building shall consist of stone, brick, architectural reinforced concrete, profile type concrete masonry units, glass and metal combinations, or any combination thereof. The front 6 metres of each side exterior wall of any such building shall consist of any of the foregoing or of masonry, architectural metal, asbestos cement or material of similar standards provided that where a side exterior wall faces an abutting street it shall consist of the same materials prescribed for the front exterior wall of such building 112 11.1.3 REGULATIONS FOR CAR WASHES: The regulations in clauses a to g inclusive, i,j, and m of section 11.1.2 shall not apply to car washes in PI Zones. The remaining provisions of section 11.1.2 and all of the supplementary regulations for car washes in section 4.22 shall apply to car washes in PI Zones. 113 11.2 LIGHT INDUSTRIAL ZONES (LI ZONE). 11.2.1 PERMITTED USES: No person shall within any LI Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses, provided that each such use except the uses described in clauses b,p,q,v and w is conducted within a completely enclosed building and is not prohibited under section 4.8: (a) Manufacturing, compounding, processing, packaging, crating, bottling, assembling of raw or semi-processed or fully processed materials, and further provided that no such use is dangerous, obnoxious or offensive by reason of the presence, emission or production of odour, smoke, noise, gas fumes, cinders, vibration, radiation, refuse matter or water- carried waste (b) Car rental establishment, truck rental establishment (c) Car wash (d) Carpenter shop (e) Cold storage plant (f) Commercial bakery (g) Commercial printing and associated services establishment 2002-061 (h) Contractor's or tradesman's shop, Contractor's or construction equipment rental shop (i) Consulting engineering office (j) Grain and feed mill and storage (k) Ice manufacturing plant (I) Laboratory - experimenting, commercial or testing (m) Laundry plant (n) Machine shop (o) Monument, stone, clay or glass manufacturing plant (p) New Car Agency (q) Nursery for trees, shrubs, plants (r) Public garage, auto body (s) Public garage, mechanical (t) Shop for the repair and servicing of goods, machinery and equipment (u) Silver plating and cutlery plant (v) Trucking or shipping terminal (w) Used car lot (x) Warehouse (y) Wholesale establishment (z) Winery 2002-201 (aa) Adult entertainment parlour, subject to the provisions of section 10.5 2002-201 (bb) Body-rub parlour, subject to the provisions of section 10.5 (cc) An office which is an accessory use to one of the foregoing permitted uses 114 11.2.2 REGULATIONS: Subject to section 11.2.3, no person shall within any LI Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 10 and the following regulations: 99.0 ft. (a) Minimum lot frontage 30 metres 21,530.0 ft. (b) Minimum lot area 2000 square metres 33.0 ft. (c) Minimum front yard depth 10 metres plus any applicable distance specified in section 4.27.1 11.5.0 ft. (d) Minimum interior side yard width 3.5 metres 24.6 ft. (e) Minimum exterior side yard width (f) Minimum rear yard depth 50.0 ft. (1) where the rear lot line abuts a residential zone 24.6 ft. (11) where the rear lot line does not abut a residential zone 40.0 ft. (g) Maximum height of building or structure 7.5 metres plus any applicable distance specified in section 4.27.1 15 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 12 metres subject to section 4.7 (h) Minimum height of exterior walls: The minimum vertical height of each exterior wall of any such building or structure shall be 2.5 metres above the elevation of the finished ground level at the mid point of the wall in question. (i) Maximum lot coverage 70% (j) Minimum landscaped open space 2011-136 (i) for an interior lot 67% of the required front yard (ii) for a corner lot 67% of the required front yard and 67% of the required exterior side yard. (k) Parking and access requirements in accordance with section 4.19.1 (I) Loading area requirements in accordance with section 4.20.1 (m) Property abutting railway: Notwithstanding clauses d,e,f and j, where any lot line abuts a railway right-of-way, no side yard or rear yard or landscaped open space shall be required on that portion of a lot contiguous to the portion of the lot line which abuts the 115 railway right-of-way (n) Outside storage: Except in the case of the uses described in clauses b,p,q,v and w of section 11.2.1, no person shall use any part of the front yard or exterior side yard of any lot for the purpose of outside storage. 11.2.3 REGULATIONS FOR CAR WASHES: The regulations in clauses a to g inclusive, I, j and m of section 11.2.2 shall not apply to car washes in LI Zones. The remaining provisions of section 11.2.2 and all of the supplementary regulations for car washes in section 4.22 shall apply to car washes in LI Zones. 116 11.3 GENERAL INDUSTRIAL ZONE (GI ZONE). 11.3.1 PERMITTED USES: No person shall within any GI Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Manufacturing, compounding, processing, packaging, crating, bottling, assembling of raw or semi-processed or fully processed materials (b) Animal hospital (c) Artificial abrasive plant (d) Artificial fertilizer processing plant (e) Brick, pottery, tile, terra cotta, concrete and concrete products plant (f) Builder's supply yard (g) Carpenter shop (h) Car rental establishment, truck rental establishment (1) Car Wash (j) Cleaning, curing, storing or tanning of fresh or green hides and leather finishing (k) Coal, fuel, gasoline and oil storage yard (I) Cold storage plant (m) Commercial printing and associated services establishment 2002-061 (n) Contractor's or tradesman's shop or yard, Contractor's or construction equipment rental shop or yard (o) Equipment yard (p) Establishment for building material sales (q) Food and meat products plant but not including an abattoir (r) Frozen food locker service (s) Grain and feed mill and storage (t) Humane society including a pound for small animals (u) Ice manufacturing plant (v) Kennel for the boarding and breeding of dogs and cats (w) Laboratory (x) Laundry plant (y) Lumber and planing mill and yard (z) Machine shop (aa) Monument, stone, clay and glass manufacturing plant (bb) Poultry processing plant (cc) Public garage, auto body (dd) Public garage, mechanical (ee) Rubber factory (ff) Shop for the repair and servicing of goods, machinery and equipment 117 (gg) Silver plating and cutlery plant (hh) Soap manufacture (ii) Stone cutting plant (jj) Trucking or shipping terminal 2011-136 (kk) Animal clinic (11) Warehouse (mm) Welding shop (nn) Wholesale establishment (oo) Winery 2002-201 (pp) Adult entertainment parlour, subject to the provisions of section 10.5 2002-201 (qq) Body -rub parlour, subject to the provisions of section 10.5 (rr) An office which is an accessory use to one or more of the uses set 83-72 forth in clauses a to 0o inclusive of this section 11.3.2 REGULATIONS: Subject to section 11.3.3, no person shall within any GI Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 10 and the following regulations: 99.0 ft. 43,060 sq. ft. 33.0 ft. (a) Minimum lot frontage (b) Minimum lot area (c) Minimum front yard depth 11.5 ft. (d) Minimum interior side yard width 24.6 ft. (e) Minimum exterior side yard width 99.0 ft. (f) Minimum rear yard depth (i) where the rear lot line abuts a residential zone 24.6 ft. (ii) where the rear lot line does not abut a residential zone 81-62 #52 66.0 ft. (g) Maximum height of building or structure 30 metres 4000 square metres 10 metres plus any applicable distance specified in section 4.27.1 3.5 metres 7.5 metres plus any applicable distance specified in section 4.27.1 30 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 20 metres subject to section 4.7 (h) Minimum height of exterior walls: The minimum vertical height of each exterior wall 8.2 ft. of any such building or structure shall be 2.5 metres above the elevation of the finished ground level at the mid point of the wall in question 118 (i) Maximum lot coverage 70% (j) Minimum landscaped open space (1) for an interior lot 50% of the required front yard (ii) for a corner lot 50% of the required front yard and 50% of the required exterior side yard (k) Parking and access requirements in accordance with section 4.19.1 (I) Loading area requirements in accordance with section 4.20.1 (m) Property abutting railway: Notwithstanding clauses d, e, f and j, where any lot line abuts a railway right-of-way, no side yard or rear yard or landscaped open space shall be required on that portion of a lot contiguous to the portion of the lot line which abuts the railway right-of-way. (n) Outside storage: No person shall use any part of the front yard of any lot for the purpose of outside storage and no person shall use any part of the remainder of such lot for the purpose of outside storage other than storage for an accessory use 11.3.3 REGULATIONS FOR CAR WASHES: The regulations in clauses a to g inclusive, I, j and m of section 11.3.2 shall not apply to car washes in GI Zones. The remaining provisions of section 11.3.2 and all of the supplementary regulations for car washes in section 4.22 shall apply to car washes in GI Zones. 119 11.4 HEAVY INDUSTRIAL ZONE (HI ZONE). 11.4.1 PERMITTED USES: No person shall within any HI Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Manufacturing, compounding, processing, packaging, crating, bottling, assembling of raw or semi -processed or fully processed materials (b) Abattoir and stock yard used in connection with an abattoir (c) Acetylene gas manufacture (d) Artificial abrasive plant (e) Caustic manufacture (f) Cement manufacture (g) Cleaning, curing, storage or tanning of fresh or green hides (h) Fertilizer processing plant (i) Lime, plaster of paris manufacture (j) Poultry processing plant (k) Iron and steel plant (I) Lime kiln (m) Rubber factory (n) Soap manufacture (o) Steel furnace, blooming or rolling mill (p) Winery 2002-201 (q) Adult entertainment parlour, subject to the provisions of section 10.5 2002-201 (r) Body -rub parlour, subject to the provisions of section 10.5 (s) An office which is an accessory use to one or more of the uses set 83-72 forth in clauses a to p inclusive of this section. 11.4.2 REGULATIONS: No person shall within any HI Zone use any building or structure except in accordance with the provisions of sections 4 and 10 and the following regulations: 99.0 ft. (a) Minimum lot frontage 30 metres 43,060 sq. ft. (b) Minimum lot area 4000 square metres 33.0 ff. (c) Minimum front yard depth 10 metres plus any applicable distance specified in section 4.27.1 11.5 ft. (d) Minimum interior side yard width 24.6 ft. (e) Minimum exterior side yard width 24.6 ft. (f) Minimum rear yard depth 120 3.5 metres 7.5 metres plus any applicable distance specified in section 4.27.1 7.5 metres plus any applicable distance specified in section 4.27.1 81-62 (g) Maximum height of building or 30 metres subject to section 4.7 #53 structure 99.0 ft. (h) Minimum height of exterior walls: The minimum vertical height of each exterior wall 81-62 of any such building or structure shall be 2.5 metres above the elevation of the #54 finished ground level at the mid point of the wall in question provided that this 8.20 ft. regulation shall not apply to buildings or structures such as storage tanks or buildings used for the bulk storage of non-flammable solids or liquids. (i) Maximum lot coverage 70% (j) Minimum landscaped open space (i) for an interior lot 50% of the required front yard (ii) for a corner lot 50% of the required front yard and 50% of the required exterior side yard (k) Parking and access requirements in accordance with section 4.19.1 (I) Loading area requirements in accordance with section 4.20.1 (m) Property abutting railway: Notwithstanding clauses d, e, f and j, where any lot line abuts a railway right-of-way, no side yard or rear yard or landscaped open space shall be required on that portion of a lot contiguous to the portion of the lot line which abuts the railway right-of-way (n) Outside storage: No person shall use any part of the front yard of any lot for the purpose of outside storage and no person shall use any part of the remainder of such lot for the purpose of outside storage other than storage for an accessory use 11.5 TRANSPORTATION -DISTRIBUTION INDUSTRIAL ZONE (TDI). 11.5.1 PERMITTED USES: No person shall within any TDI Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Assembling, packaging, packing, crating, disassembling, unpacking, uncrating any goods, wares, merchandise, substances, articles or things stored or transported in connection with any of the following permitted uses (b) Cartage, express or truck transport or terminal for one or more highway transportation companies or organizations including service and repair buildings and yards (c) Cold storage plant (d) Distribution warehouse (e) Open storage (f) Railway, railway express yard or terminal (g) Shipping, trans -shipping or distributing depot (h) Storage warehouse 2002-201 (i) Adult entertainment parlour, subject to the provisions of section 10.5 2002-201 (j) Body -rub parlour, subject to the provisions of section 10.5 (k) Business office accessory to any of the foregoing permitted uses (j) Uses similar to the foregoing permitted uses 11.5.2 REGULATIONS: No person shall within any TDI Zone use any land or erect or use any building or structure except in accordance with the provisions of sections 4 and 10 and the following regulations: 82.0 ft. (a) Minimum lot frontage 25 metres 86, 120.0 sq. ft. (b) Minimum lot area 8000 square metres 50.0 ft. (c) Minimum front yard depth 15 metres plus any applicable distance specified in section 4.27.1 11.5 ft. (d) Minimum interior side yard width 50.0 ft. (e) Minimum exterior side yard width 24.6 ft. (f) Minimum rear yard depth 3.5 metres 15 metres plus any applicable distance specified in section 4.27,1 7.5 metres plus any applicable distance specified in section 4.27.1 40.0 ft. (g) Maximum height of building or 12 metres subject to section 4.7 structure (h) Minimum height of exterior walls: The minimum vertical height of each exterior wall of any such building or structure shall be 2.5 metres above the elevation of the finished ground level at the mid point of the wall in question 122 (i) Maximum lot coverage 50% (j) Minimum landscaped open space 5% of the lot area All of the required front yard, except for any driveways and parking areas which shall not exceed, in the aggregate, 33% of the required front yard shall be maintained as landscaped open space. In the case of a corner lot, the exterior side yard shall be subject to the same landscaped open space regulations as for a front yard. In addition, that portion of the rear yard abutting on a side street, except for any driveways, shall be maintained as landscaped open space to a depth of 1.5 metres (k) Parking and access requirements in accordance with section 4.19.1 (I) Loading area requirements in accordance with section 4.20.1 (m) Property abutting railway: Notwithstanding clauses d, e, f and j, where any lot line abuts a railway right-of-way, no side yard or rear yard or landscaped open space shall be required on that portion of a lot contiguous to the portion of the lot line which abuts the railway right-of-way (n) Outside storage: No person shall use any part of the required front yard or the required exterior side yard for the purpose of outside storage 11.6 EXTRACTIVE INDUSTRIAL ZONE (EI ZONE). 11.6.1 INTERPRETATION: In section 11.6.2 (a) "pit or quarry" means land where gravel, stone, sand, clay, shale or other natural material is or has been removed by excavating, quarrying or otherwise for sale or use for construction, business, manufacturing or other industrial purposes. 11.6.2 PERMITTED USES: No person shall within any El Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A pit or quarry licensed under The Pits and Quarries Control Act, 1971 (b) Processing of natural materials removed from the site including crushing, screening, mixing, washing and storing of such materials (c) Concrete or asphalt mixing plant (d) Accessory buildings and accessory structures (e) A use, building or structure permitted in any one or more of clauses a to d inclusive or section 12.1 11.6.3 REGULATIONS: No person shall within any El Zone use any land or erect or use any building or structure except in accordance with section 4 and the following regulations: (a) all of the regulations in section 12.2 for a use, building or structure in an A Zone shall also apply to a use, building or structure permitted under clause e of section 11.6.2 in an El Zone (b) the regulations for a use, building, or structure permitted under clauses a, b, c or d of section 11.6.2 shall be as follows: 99.0 ft. (i) Minimum front yard depth 30 metres plus any applicable distance specified in section 4.27.1 99.0 ft. (ii) Minimum exterior side yard width 81-62 #55 53.0 ft. (iii) Minimum interior side yard width (iv) Minimum rear yard depth 30 metres plus any applicable distance specified in section 4.27.1 16 metres 16 metres plus any applicable distance specified in section 4.27.1 81-62 (v) No building, structure, accessory building, accessory structure or product #56 stockpile of a pit or quarry shall be located closer than: 30 metres from any 164.0 ft. boundary of the land used for any of the aforesaid uses permitted under clauses a, b, c or d of section 11.6.2 or 50 metres from any boundary of a residential zone 81-62 (vi) Maximum height of building 124 15 metres subject to section 4.7 #57 or structure and provided that the height of a 49.2 ft. building or structure which is erected or is to be erected on an excavated portion of a pit or quarry shall be measured from the average grade level of the unexcavated ground closest to such building or structure. 125 SECTION 12 - AGRICULTURAL ZONE (A ZONE) 12.1 PERMITTED USES: no person shall within any A Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Agricultural including the growing of field, berry, bush or tree crops; truck gardening; flower gardening; nurseries; orchards; commercial greenhouses; aviaries, apiaries, mushroom farms, farms devoted to the hatching, raising and marketing of chickens, turkeys, or other poultry, fowl, rabbits or other fur -bearing animals and fish; farms or ranches for grazing of farm animals; breeding, raising or training of horses or cattle; goat or cattle dairies; the raising of sheep or goats; the raising of swine; dog kennels or the breeding and sale of dogs and other domestic animals (b) Commercial forestry (c) Commercial riding stable (d) Accessory buildings and accessory structures which are accessory to any of the foregoing uses, including: (i) storage buildings, including cold storage 2016-105 (ii) farm produce outlet, subject to the provisions of section 4.36 81-79 (iii) no more than 1 detached dwelling which is on the same lot as and #19 is accessory to a use permitted in clauses a to c of this section and which is occupied as a residence by the owner of such lot or the principal operator of the use being conducted on such lot. (iv) accessory buildings and accessory structures which are accessory to the dwelling units described in subclause iii of this clause d 12.2 REGULATIONS: No person shall within any A Zone erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: 39.5 ac 81-179 (a) Minimum lot area 16 hectares #20 493.0 ft. (b) Minimum lot frontage 150 metres 33.0 ft. (c) Minimum front yard depth 10 metres plus any applicable distance specified in section 4.27.1 33.0 ft. (d) Minimum side yard width, each side 33.0 ft. (e) Minimum rear yard depth 892.0 sq. ft. (f) Minimum floor area for each dwelling unit 81-179 (g) Maximum number of detached #20 dwellings on one lot (h) Parking and access requirements 126 10 metres plus any applicable distance specified in section 4.27.1 10 metres plus any applicable distance specified in section 4.27.1 80 square metres one only in accordance with section 4.19.1 (i) Notwithstanding section 4.11, a farm building or farm structure which is not to be erected or used for the purpose of human habitation may be erected upon a lot which fronts or abuts upon a street which is not an improved street 2011-136 (j) Maximum height of a detached 10 metres dwelling 2011-136 (k) Accessory buildings and accessory structures in accordance with sections to a detached dwelling 4.13 and 4.14 81-62 12.3 Where a lot in any A Zone having a lesser lot area and/or lot frontage than that required 12.3 ft. under this By-law is held under distinct and separate ownership from all abutting lands as shown by a registered conveyance in the records of the Land Registry Office as at the 5th day of November, 1979 or is created as a result of an expropriation, nothing in section 4.11 or in the regulations for the A Zone in which such lot is located shall prevent the erection or use on such lot of a detached dwelling and accessory buildings and accessory structures which are necessary to such detached dwelling and the use of the remainder of such lot for one or more of the uses permitted in clauses a, b or c of section 12.1 or in subclauses (1) or (ii) of clause d of section 12.1 provided that the lot area of such lot is not less than 0.4 hectare and the lot frontage of such lot is not less than 30 metres and further provided that the regulations for R Zones contained in subclauses (iv) to (xi) inclusive of section 13.2 shall apply to such lot and be complied with. 127 SECTION 13 - RURAL ZONE (R ZONE) 13.1 PERMITTED USES: No person shall within any R Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A use, building or structure permitted in any one or more of clauses a to d inclusive of section 12.1 (b) A detached dwelling on a separate lot, the location of which complies with 2007-156 the Minimum Distance Separation formula issued by the Ministry of Agriculture, Food and Rural Affairs. (c) Accessory buildings and accessory structures which are accessory to the use described in clause b 2016-105 (d) Farm produce outlet, subject to the provisions of section 4.36 13.2 REGULATIONS: No person shall within any R Zone use any land or erect or use any building or structure except in accordance with section 4 and the following regulations: (a) all of the regulations in section 12.2 for a use, building or structure in an A Zone shall also apply to a use, building or structure permitted under clause a of section 13.1 in an R Zone (b) the regulations for a detached dwelling permitted under clause b of section 13.1 shall be as follows: 1.0 ac (i) Minimum lot area 0.4 hectare 3.2 ac. (ii) Maximum lot area 1.3 hectare 99.0 ft. (iii) Minimum lot frontage 30 metres 33.0 ft. (iv) Minimum front yard depth 10 metres plus any applicable distance specified in section 4.27.1 9.8 ft. (v) Minimum side yard width each side 33.0 ft. (vi) Minimum rear yard depth 33.0 ft. 862 sq. ft. 3 metres plus any applicable distance specified in section 4.27.1 10 metres plus any applicable distance specified in section 4.27.1 (vii) Maximum lot coverage 30% (viii) Maximum height or building or structure (ix) Minimum floor area (x) Maximum number of detached dwellings on one lot 128 10 metres subject to section 4.7 80 square metres one only (xi) Parking and access requirements in accordance with section 4.19.1 (c) Accessory buildings and accessory structures permitted under clause c of section 13.1 in accordance with sections 4.13 and 4.14. SECTION 14 - OPEN SPACE ZONE (OS ZONE) 14.1 PERMITTED USES: No person shall within any OS Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A use permitted in any one or more of clauses a to d inclusive of section 12.1 (b) Boating club (c) Cemetery (d) Hospital (e) Private club (f) Recreational uses (g) Religious institution (h) Riding stable (i) Sanatorium (j) School (k) Accessory buildings and accessory structures including not more than one dwelling unit which is on the same lot as and is accessory to a use which is permitted in clauses b to j of this section. 14.2 REGULATIONS: No person shall within any OS Zone use any land or erect or use any building or structure except in accordance with section 4 and the following regulations: (a) all of the regulations in section 12.2 for a use, building or structure in an A Zone shall also apply to a use, building or structure permitted under clause a of section 14.1 in an OS Zone (b) the regulations for a use, building or structure permitted under clauses b to j inclusive of section 14.1 shall be as follows: 493.0 ft. (i) Minimum lot frontage 150 metres 33.0 ft. (ii) Minimum front yard depth 10 metres plus any applicable distance specified in section 4.27.1 4.9 ac. (iii) Minimum lot area 2 hectares 33.0 ft. (iv) Minimum side yard width, 10 metres plus any applicable each side distance specified in section 4.27.1 33.0 ft. (v) Minimum rear yard depth 10 metres plus any applicable distance specified in section 4.27.1 (vi) Maximum lot coverage 10% 33.0 ft. (vii) Maximum height or building or structure 130 10 metres subject to section 4.7 (viii) Maximum number of dwelling units on one lot (ix) Parking and access requirements (c) Accessory buildings and accessory structures permitted under clause k of section 14.1 1 only in accordance with section 4.19.1 in accordance with subclause (ii), (Iv), (v) and (vii) of clause b of this section SECTION 15 - DEVELOPMENT HOLDING ZONE (DH ZONE) 15.1 PERMITTED USES: No person shall within any DH Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A use which is lawfully being carried on on the date of the passing of this By-law upon such land or in any building or structure erected thereon (b) An accessory use to the use described in clause a (c) A detached dwelling (d) A home occupation in a detached dwelling or in a dwelling unit of an existing semi- detached dwelling or duplex dwelling, subject to the provisions of section 5.5 (e) Cultivation of land (f) Production of field crops (g) Flower and market gardening (h) Grazing for horses, cattle and sheep 2016-105 (i) Farm produce outlet, subject to the provisions of section 4.36 2016-03 (j) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14. 15.2 REGULATIONS: No person shall within any DH Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) all of the provisions of section 5 which apply to R1 E Zones shall also apply to DH Zones (b) the regulations for R1 E Zones contained in clauses a to I inclusive of section 7.5.2 shall also apply to DH Zones (c) nothing in this section shall apply to prevent the reconstruction of any building or structure that is damaged by causes beyond the control of the owner subsequent to the date of the passing of this By-law, provided the reconstruction of such building or structure will not increase the height, size or volume or change the use of such building or structure (d) nothing in this section shall apply to prevent the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure or the alteration or repair of an existing building or structure, provided such alteration or repair will not increase the height, size or volume or change the use of such building or structure 132 SECTION 16 - HAZARD LAND ZONE (HL ZONE) 16.1 PERMITTED USES: No person shall within any HL Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A use permitted in any one or more of clauses a to d inclusive of section 12.1 except a dwelling, dwelling unit or any other building or structure (b) A dwelling existing at the date of the passing of this By-law, but not the conversion, extension or enlargement thereof (c) Parks, playgrounds, tennis courts, lawn bowling greens, outdoor natural rinks, athletic fields, golf courses, picnic areas and boat launching ramps, boat shelters and docking facilities and accessory structures but not including any dwelling or dwelling unit 16.2 REGULATIONS: No person shall within any HL Zone use any land or erect or use any building or structure except in accordance with section 4 and the following regulations: (a) all of the regulations in section 12.2 for a use, building or structure in an A Zone shall also apply to a use, building or structure permitted under clause a of section 16.1 in an HL Zone (b) all of the regulations in section 14.2 fora use, building or structure in an OS Zone shall also apply to a use, building or structure permitted under clause c of section 16.1 in an HL Zone 133 SECTION 17 - PARKING ZONE (P ZONE) 17.1 PERMITTED USE: No person shall within any P Zone use any land or erect or use any building or structure for any purpose except the following use: Parking lot, including accessory buildings and accessory structures 17.2 REGULATIONS: No person shall within any P Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) Minimum lot area 400 square metres 4,306 sq. ft. 9.8 ft. (b) Minimum front yard depth 9.8 ft. (c) Minimum exterior side yard width 9.8 ft. (d) Minimum interior side yard width 9.8 ft. (e) Minimum rear yard depth 9.8 ft. (f) Maximum height or building or structure (g) Minimum landscaped open space 3 metres plus any applicable distance specified in section 4.27.1 3 metres plus any applicable distance specified in section 4,27.1 3 metres 3 metres plus any applicable distance specified in section 4.27.1 3 metres subject to section 4.7 Either a planting strip not less than 2 metres in width which complies with the requirements of section 4.14 and which shall be provided and maintained along the whole of every lot line which abuts a street, except that part thereof crossed by an access ramp or sidewalk, OR a close -board type fence or a decorative wall that complies with the height requirements of section 4.17 shall be provided. 134 SECTION 18 - PARKING HOLDING ZONE (PH ZONE) 18.1 PERMITTED USES: No person shall within any PH Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A use which is lawfully being carried on on the date of the passing of this By-law upon such land or in any building or structure erected thereon (b) An accessory use to the use described in clause (a) (c) A home occupation in an existing detached dwelling or in a dwelling unit of an existing semi-detached dwelling or a duplex dwelling, subject to the provisions of section 5.5 18,2 REGULATIONS: No person shall within any PH Zone use any land or erect or use any building or structure except in accordance with the provisions of section 4 and the following regulations: (a) nothing in this section shall apply to prevent the reconstruction of any building or structure that is damaged by causes beyond the control of the owner subsequent to the date of the passing of this By-law, provided the reconstruction of such building or structure will not increase the height, size or volume or change the use of such building or structure. (b) nothing in this section shall apply to prevent the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure or the alteration or repair of an existing building or structure, provided such alteration or repair will not increase the height, size or volume or change the use of such building or structure. 135 2016-04 18A.1 2016-04 18A.2 SECTION 18A - ENVIRONMENTAL PROTECTION AREA (EPA) ZONE PERMITTED USES: No person shall within any EPA Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) Conservation use (b) Existing agricultural use (c) Wildlife management (d) Works of a Conservation Authority REGULATIONS: No person shall within any EPA Zone use any land or erect or use any building or structure except in accordance with the following regulation: (a) Buildings and structures 136 No buildings or structures are permitted unless for flood control purposes in accordance with the regulations of the Conservation Authority having jurisdiction or appropriate government agency. Docks and boat ramps will be allowed subject to the approval of the Conservation Authority and/or appropriate government agencies. 2016-04 SECTION 19 - EXCEPTIONS AND SPECIAL PROVISIONS 2016-04 19.1 Notwithstanding anything herein before contained, 19.1.1 None of the provisions of section 14.1 shall apply to prevent the use of the land on the west side of Victoria Avenue designated OS and numbered 1 on Sheet D3 of Schedule "A" or the erection or use of buildings or structures thereon for the purpose of a helicopter airport subject to compliance with section 14.2 and the remaining provisions of this By-law; 19.1.2 None of the provisions of section 7.7.1 shall apply to prevent the use of a one family detached dwelling or a semi-detached dwelling or a duplex dwelling within the area bounded on the north by Morrison Street, on the west by the railway right-of-way of Consolidated Rail Corporation, on the east by River Road and on the south by that section of John Street between River Road and Falls Avenue, that section of Falls Avenue between John Street and Highway 420 and that section of Highway 420 between Falls Avenue and the said railway right-of-way and designated R2 and numbered 2 on sheets D3 and D4 of Schedule "A" for the purpose of a tourist home containing not more than 4 rooms for tourists in such dwelling, provided that the external appearance of such dwelling as a residence is maintained and the parking facilities required in section 4.19.1 are provided and maintained; 19.1.3 a) none of the provisions of section 4.19.1 shall apply to require the owner of the apartment dwelling to be erected on the land between the south limit of Huron Street and the north limit of Morrison Street designated R5F and numbered 3 on Sheet D3 of Schedule "A" to provide and maintain 1.4 parking spaces for each dwelling unit in the said apartment dwelling, provided that the said owner shall provide and maintain not Tess than one parking space for each dwelling unit in such apartment dwelling and further provided that such apartment dwelling shall contain not more than 61 dwelling units; b) the provisions of clause m of section 7.15.2 shall not apply to prevent the use of the land between the south limit of Huron Street and the north limit of Morrison Street designated R5F and numbered 3 on Sheet B3 of Schedule "A" or the erection or use of buildings or structures thereon 137 providing less landscaped open space than 55% of the lot area provided that the minimum landscaped open space shall not be less than 25% of the lot area 19.1.4 Deleted by By-law No. 2008-40. 19.1.5 Deleted by By-law No. 2006-93. 81-62 19.1.6 None of the provisions of section 14.1 shall apply to prevent the use of the lands #59 designated OS and numbered 6 on Sheets D6 and D7 of Schedule "A" or the erection or use of buildings or structures thereon for the purpose of a commercial marine show and animal park including any or all of the following: a boat ride, steam train, monorail railway, carnival show, circus, merry-go-round, carousel, ferris wheel, roller coaster or other mechanical amusement rides or devices; and, for the purpose of clarification, the accessory buildings and accessory structures permitted on the aforesaid lands include not more than 1 one family detached dwelling premises in or from which souvenirs, food and refreshments, or any of them, are offered for sale or sold to persons attending the said commercial marine show or animal park but do not include premises in or from which souvenirs, food or refreshments are offered for sale or sold to the public 2018-022 19.1.7 Repealed by By-law No. 2018-0222 19.1.8 The provisions of clause g of section 8.6.2 shall not apply to prevent the erection of a hotel on the land on the west side of Stanley Avenue designated TC and numbered 8 on Sheet D5 of Schedule "A" having a height of not more than 28 metres; 19.1.9 None of the provisions of section 11.1.1 shall apply to prevent the use of the land on the west side of Stanley Avenue designated PI and numbered 9 on Sheets C6 and D6 of Schedule "A" for the purpose of a mobile home park containing not more than 50 mobile homes; 19.1.10 No person shall erect or use a one family detached dwelling within the area north of Mountain Road designated RIA and numbered 10 on Sheet C1 of Schedule "A" on a lot having a lot area of less than 2,000 square metres or a 138 lot frontage of Tess than 30 metres and the provisions of clauses a and b, section 7.1.2, shall not apply to land within the said area; 19.1.11 None of the provisions of section 7.3.1 shall apply to prevent the use of the land on the east side of Portage Road designated RIC and numbered 11 in sheet C2 of Schedule "A" and the existing building thereon for the purpose of a nursery school for pre-school children together with not more than one dwelling unit in the said building; 19.1.12 Repealed by By-law No. 98-245. 19.1.13 None of the provisions of section 8.2.1 shall apply to prevent the use of the land on the east side of Drummond Road south of William Street designated GC and numbered 13 on Sheet C3 of Schedule "A' or the erection or use of a building or structure thereon for the purpose of a public garage, auto body, provided that no automobile fuels or lubricants are stored or kept for sale on the land or within any such building or structure; 19.1.14 Repealed by By-law No. 88-31 8 1 - 1 2 619.1.15 94-297 19.1.16 as amended by OMB Order None of the provisions of section 7.10.1 or clause j of section 7.10.2 shall apply to prevent the erection and use on the land designated R5A and numbered 15 on Sheet C5 of Schedule "A", as amended, of two apartment dwellings subject to compliance with By-law No. 81-126 None of the provisions of section 12.1 shall apply to prevent the land on the west side of Mewburn Road, designated A and numbered 16 on Sheet D1 of Schedule "A" from being used for the purpose of providing a single family dwelling and not more than 69 residential units in the form of trailer and mobile home units, serviced by a private sewage disposal system and utilities required to maintain the development, with or without ancillary uses and structures only to the extend necessary to service the residents, which may include recreational facilities; and a convenience commercial use, which shall be situated internal to the development and not closer than 60 metres (300 feet) of the westerly limit of Mewburn Road. 139 19.1.17 None of the provisions of section 12.1 shall apply to prevent the use of the land on the south side of Mountain Road designated A and numbered 17 on Sheet B2 of Schedule "A" for the purpose of a mobile home park containing not more than 17 mobile homes; 19.1.18 Repealed by By-law No. 90-178; 19.1.19 Repealed by By-law No. 86-204; 19.1.20 None of the provisions of section 8.2.1 shall apply to prevent the use of the land on the south side of McLeod Road designated GC and numbered 20 on Sheets B5 and B6 of Schedule "A" or the erection or use of any building or structure thereon for the purpose of a drive-in restaurant, automobile service centre, gasoline bar or car wash provided that a retail store shall not be a permitted use unless it is ancillary or subordinate to another permitted use and such ancillary or subordinate retail use does not exceed 20% of the total gross leasable floor area of a building used for such permitted use; 19.1.21 Nothing in section 8.9.1 shall apply to prevent the use of the land at the northeast corner of Garner and McLeod Roads designated AS and numbered 21 on Sheets B5 and B6 of Schedule "A" or the erection or use of a building or structure thereon for the purpose of either or both a used car lot and a public garage, auto body subject to compliance with section 8.9.2 and the remaining provisions of this By-law; 19.1.22 Repealed by By-law No. 80-187. 19.1.23 Removed by By-law No. 2004-157. 19.1.24 None of the provisions of section 7.11.1 shall apply to prevent the use of the land on the east side of Drummond Road designated R5B and numbered 24 on sheet C3 of Schedule "A" or the erection or use of buildings thereon for one or more of the uses permitted under section 7.9.1 in an R4 Zone provided that all of the regulations in section 7.9.2 for a use, building or structure in an R4 Zone shall also apply to a use, building or structure permitted under this section on the said land; 140 19.1.27 Repealed by By-law No. 84-229 19.1.28 None of the provisions of subclause (iii) of clause b or of subclauses (i) and (ii) of clause e of section 7.7.2 shall apply to prevent the erection and use on the land lying north of Caronpost Road and south of Cattell Drive and designated R2 and numbered 28 on Sheets E6 and E7 of Schedule "A" of semi-detached dwellings or duplex dwellings having a lesser lot frontage and interior side yard width than that specified in said subclause (iii) of clause b and subclauses (i) and (ii) of clause e of said section 7.7.2 provided that the minimum lot frontage and minimum interior side yard width shall not be less than the following: (a) minimum lot frontage for a semi-detached dwelling or a duplex dwelling on an interior lot 15 metres (b) minimum interior side yard width, subject to the provisions of clauses a and b of section 5.1, for a one storey, one and one-half storey, split level building or a building with two or more storeys 1 metre; 19.1.29 The provisions of subclause (ii) of clause f of section 11.2.2 shall not apply to prevent the erection or use of a building or structure on the land south of Don Murie Street designated LI and numbered 29 on Sheet C7 of Schedule "A" having a lesser minimum rear yard depth than that specified in said subclause (11) of clause f of section 11.2.2 provided that the minimum rear yard depth shall be not Tess than 3 metres plus any applicable distance specified in section 4.27.1; 19.1.30 None of the provisions of section 8.1.1 shall apply to prevent the use of the land on the west side of Stanley Avenue designated NC and numbered 30 on Sheet D6 of Schedule "A" for the purpose of an automobile service station or a gasoline bar provided that all of the regulations in section 8.9.2 for an automobile service station in an AS Zone shall apply to such automobile service station on the said land and all of the regulations in section 8.9.3 for a gasoline bar in an AS Zone shall apply to such gasoline bar on the said land; 19.1.31 No person shall use any land within registered Plan No. 243 for the City of Niagara Falls or within Plan —67 designated PI or LI on Sheets C6, C7, D6 and D7 of Schedule "A" or erect or use any building or structure thereon for any 141 of the following purposes, namely, a new car agency, a used car lot or a public garage, auto body; 81-179 19.1.32 Notwithstanding the GI designation, no person shall use any land within #22 Registered Plan No. 243 for the City of Niagara Falls or within Registered Plan —67 designated GI and numbered 32 on Sheets C6 and C7 of Schedule "A", as amended, or erect or use any building or structure thereon for the purpose of a kennel for the boarding or breeding of dogs and cats or for the purpose of cleaning, curing, storing or tanning of fresh or green hides; 19.1.33 Deleted by By-law No. 2009-126. 76-200 19.1.35 Repealed by By-law No. 86-90; 80-251 19.1.36 The provisions of clause a of section 4.25 shall not apply to prevent the use of the land on the northeasterly side of Main Street designated TC and numbered 36 on Sheet C5 of Schedule "A" having a lot frontage of not less than 30 metres or the erection or use of a building or structure thereon for the purpose of a motel, and nothing in section 8.6.1 shall apply to prevent the erection or use on the said land of not more than 1 one family detached dwelling provided that all of the regulations in section 7.5.2 for a use, building or structure in an R1 E Zone shall apply to such one family detached dwelling to be erected on the said land; 81-179 19.1.37 The provisions of clause a of section 8,1.2 shall not apply to prevent the use of #23 the land on the south side of Thorold Stone Road west of Montrose Road designated NC and numbered 37 on Sheet B3 of Schedule #23 "A", as amended, having a lot frontage of not Tess than 18 metres or the erection or use of a building or structure thereon for one or more of the uses permitted under section 8.1.1; 81-62 19.1.38 None of the provisions of section 11.2.1 shall apply to prevent the use of the #60 land on the westerly side of Oakwood Drive designated LI and numbered 38 on Sheets B5 and C5 of Schedule "A", as amended, or the erection or use of buildings thereon for the purpose of a nursing home, a central nursing home accounting office, a central laundry service and similar uses ancillary to a nursing home; 142 81-62 19.1.39 The provisions of clause c of section 11.2.2 of By-law 79-200 shall not apply to prevent the erection of buildings on the land on either side of Oakwood Drive shown hatched and designated LI and numbered 39 on Sheets B5 and C5 of Schedule "A", as amended, having a front yard depth of less than 10 metres provided that no such front yard depth is less than 7.5 metres; 81-62 19.1.40 None of the provisions of clause A of section 7.9.2 shall apply to prevent the erection or use on the land on the north side of McLeod Road designated R4 and numbered 40 on Sheet C5 of Schedule "A", as amended, of an apartment dwelling containing not more than 25 dwelling units; 19.1.41 None of the provisions of section 11.1.1 shall apply to prevent the use of the 81-62 land on the west side of Dorchester Road designated PI and numbered 41 on Sheet C4 of Schedule "A", as amended, or the erection or use of buildings or structures thereon for the purpose of an office; 81-62 19.1.42 Repealed by By-law No. 85-186. 19.1.43 None of the provisions of section 8.1.1 shall apply to prevent the use of the land on the west side of St. Paul Avenue designated NC and numbered 43 on Sheet C2 of Schedule "A", as amended, or the erection or use of buildings or structures thereon for the purpose of a public house within the meaning of The Liquor Licence Act; 81-62 19.1.44 Repealed by By-law No. 2000-103. 81-62 19.1.45 None of the provisions of section 11.2.1 shall apply to prevent the use of the land on the east side of Montrose Road designated LI and numbered 45 on Sheet B3 of Schedule "A", as amended, or the erection or use thereon of a free standing building for the purpose of an office; 81-62 19.1.46 None of the provisions of section 8.2.1 shall apply to prevent the use of the land on the east side of Drummond Road shown hatched and designated GC and numbered 46 on Sheet C5 of Schedule "A", as amended, or the erection or use of buildings or structures thereon for the purpose of a public garage, auto body; 143 81-62 19.1.47 Nothing in clause g of section 8.6,2 shall apply to prevent the erection of a hotel on the land on the east side of Fallsview Boulevard designated TC and numbered 47 on Sheets D5 of Schedule "A", as amended, having a height of not more than 17 metres provided that notwithstanding subclause ii of clause d of section 8,6.2, the minimum interior side yard width on the easterly side of the said hotel shall be 2.4 metres; 19.1.49 (a) in addition to the uses permitted by section 11.4.1 in HI Zones, the following uses shall be permitted on the lands Tying east of Stanley Avenue designated HI and numbered 49 on Sheets C3 and D3 of Schedule "A", as amended, and on the lands lying north of Chippawa Creek Road and east of Thorold Town Line Road designated HI and numbered 49 on Sheets A6 and A7 of Schedule "A", as amended, hereinafter jointly called the said lands: (a) an organic and inorganic chemical plant (b) bulk storage of gasoline, oil or other inflammable liquids or gases (c) coke manufacture (d) manufacturing gas (e) manufacturing glue (f) manufacturing, refining or processing acid, ammonia, chlorine (g) manufacturing or storing of explosives, ammunition or fireworks (h) refining petroleum or petroleum products (i) an incinerator and a disposal area, as accessory uses to the principal uses of the said lands and which have received the approval of the Ministry of the environment and all other required approvals (j) a sewage system and a septic tank system and buildings and structure may be erected on the said lands and used for any one or more of the foregoing additional uses provided that the uses in clause I and j above shall be restricted to the disposal of wastes resulting from the other permitted uses carried on any part of the said lands and not for the disposal of wastes emanating elsewhere; (b) none of the provisions of sections 4.13 or 4.14 shall apply to prevent the erection and use of accessory buildings or accessory structures in any front yard, side yard, or rear yard of the said lands described in clause a and numbered 49 on Sheets A6, A7, C3 and D3 of Schedule 144 "A", as amended, provided that any such building or structure is not erected in any required front yard, required side yard or required rear yard; (c) none of the provisions of section 4.19.1 shall apply to require the owner of a chemical plant erected on the said lands described in clause a and numbered 49 on Sheets A6, A7, C3 and D3 of Schedule "A", as amended, to provide and maintain 1 parking space for each 90 square metres of floor area of the said chemical plant, provided that the said owner shall provide and maintain entirely within the limits of the said lands a parking area or parking areas which shall have a sufficient number of parking spaces to accommodate all employee and visitor parking at all times and in no event shall such parking area or parking areas contain less than one parking space for each 3 employees; (d) none of the provisions of section 4.19.1 shall apply to require the owner of a chemical plant erected on the said lands described in clause a and numbered 49 on Sheets A6, A7, C3 and D3 of Schedule "A", as amended, to provide and maintain loading spaces to the extent prescribed in section 4.19.1; 19.1.50 Repealed by By-law No. 85-234. 81-62 19.1.51 Notwithstanding the PI designation, no person shall use the land on the east side of Stanley Avenue, north of Church's Lane designated PI and numbered 51 on Sheet C2 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except one or more of the uses enumerated in clauses a,b,e,f,h,j,m,n,o and p of section 11.1.1 subject to compliance with sections 11.1.1 and 11.1.2; 19.1.52 Notwithstanding the LI designation, no person shall use the land on the east side of Stanley Avenue north of Church's Lane designated LI and numbered 52 on Sheet C2 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except one or more of the uses enumerated in clauses a, b, c, d, e, f, g, h, I, I, m, q, s, t, x, y, z and aa of section 11.2.1 subject to compliance with sections 11.2.1 and 11.2.2; 145 81-62 19.1.53 None of the provisions of section 11.3,1 shall apply to prevent the use of the land on the west side of Victoria Avenue north of Bridge Street designated GI and numbered 53 on Sheet D3 of Schedule "A", as amended, or the erection or use of any building or structure thereon for any one or more of the following uses: cannery, paper and paper products plant, plastic products plant, textile and textile processing plant, wood products factory subject to compliance with section 11.3.2 81-62 19.1.54 None of the provisions of section 11.2.1 shall apply to prevent the use of the land on the east side of Victoria Avenue designated LI and numbered 54 on Sheet D3 of Schedule "A", as amended, or the erection or use of a building or structure thereon for the purpose of an automobile service station provided that all of the regulations in section 8.9.2, as amended, for an automobile service station in an AS Zone shall apply to such automobile service station on the said land; 81-179 19.1.55 Notwithstanding the GI and HI designations, no person shall use any of the land west of Stanley Avenue designated GI or HI and numbered 55 on #22 Sheets C6 and D6 of Schedule "A", as amended, or erect or use any building or structure thereon for the purpose of cleaning, curing, storing or tanning of fresh or green hides; 81-62 19.1.56 (a) in addition to the uses permitted by section 11.3.1 in GI Zones, the following uses shall be permitted on the land lying east of Dorchester Road designated GI and numbered 56 on Sheets C6 and C7 of Schedule "A", as amended: (a) manufacturing, refining and distillation of organic and inorganic chemicals and plastics (b) bulk storage of coal, fuel, gasoline, oil and other petrochemicals and inflammable liquids or gases (c) manufacturing gas (d) refining petroleum or petroleum products and buildings and structures may be erected on the said land and used for any one or more of the foregoing additional uses; (b) none of the provisions of section 4.13 and 4.14 shall apply to prevent the erection and use of accessory buildings or accessory structures in 146 any front yard, side yard or rear yard of the said lands described in clause a and numbered 56 on Sheets C6 and C7 of Schedule "A", as amended, provided that any such building or structure is not erected in any required front yard, required side yard or required rear yard; (c) none of the provisions of section 4.19.1 shall apply to require the owner of a chemical and plastics plant erected on the said land described in clause a and numbered 56 on Sheets C6 and C7 of Schedule "A", as amended, to provide and maintain 1 parking space for each 90 square metres of floor area of the said chemical and plastics plant, provided that the said owner shall provide and maintain not less than one parking space for each 200 square metres of floor area in such chemical and plastics plant or for each 4 employees, whichever is greater; (d) none of the provisions of section 4.19.1 shall apply to require the owner of a chemical and plastics plant erected on the said land described in clause a and numbered 56 on Sheets C6 and C7 of Schedule "A", as amended, to provide and maintain loading spaces to the extent prescribed in section 4.19.1; (e) the provisions of clause g of section 11.3.2 shall not apply to the erection or use on the lands described in clause a and numbered 56 on Sheets C6 and C7 of Schedule "A", as amended, of the following types of structures and buildings: processing towers, processing equipment and industrial process buildings; 19.1.57 Repealed by By-law No. 89-266. 19.1.58 None of the provisions of section 11.3.1 shall apply to prevent the use of the land west of Stanley Avenue designated GI and numbered 58 on sheets C2 and C3 of Schedule "A", as amended, or the erection or use of any building or structure thereon for anyone or more of the following uses: cannery, paper and paper products plant, plastic products plant, textile and textile processing plant, wood products factory subject to compliance with section 11.3.2; 19.1.59 Refer to By-law No. 2010-101. 147 80-198 19.1.60 None of the provisions of section 7.7.2 shall apply to prevent the use of the land on the east side of Second Avenue designated R2 and numbered 60 on Sheet D4 of Schedule "A", as amended, and the use of the building thereon for the purpose of a one family detached dwelling having a lesser front yard, interior side yard and rear yard and a greater maximum lot coverage than that specified in clauses c,d,e and g of said section 7.7.2 provided that the minimum front yard depth, minimum rear yard depth and minimum interior side yard width shall not be less than the following: (i) Minimum front yard depth .15 metre (ii) Minimum rear yard depth .1 metre (iii) Minimum interior side yard width None required and further provided that the maximum lot coverage shall not exceed 95% 19.1.62 Repealed by By-law No. 96-214. 19.1.64 Shall no longer apply, see By-laws Nos. 87-12, 87-97 and 87-98. 19.1.67 Deleted by By-law 2008-174. 81-73 19.1.68 The use of the land on the south side of Lundy's Lane designated OS and numbered 68 on Sheet A5 of Schedule "A" to By-law No. 79-200, as amended, and the erection and use of any building or structure thereon shall be subject to compliance with By-law No. 81-73 83-153 19.1.69 The provisions of clause g of section 8.6.2 shall not apply to prevent the erection or use of the land designated TC and numbered 69 on Sheet D4 of Schedule "A", as amended, of a 6 storey hotel and an atrium subject to compliance with By-law No. 83-153; (also see By-law 84-20). 19.1.71 Repealed by By-law No. 93-56. 81-181 19.1.72 None of the provisions of section 11.6.2 or section 16.1 shall apply to prevent the use of the land lying east of Thorold Town Line Road and north of Mountain Road designated Al and A2 of Schedule "A", as amended, or the erection and use of buildings and structures on the said land for the purpose of a 148 waste disposal site approved under The Environmental Protection Act, 1971 for the disposal of domestic waste, commercial waste and industrial waste, except (i) any such waste which is a hazardous waste as defined in Regulation 824 of Revised Regulations of Ontario 1970 made under The Waste Management Act (ii) hauled liquid industrial waste as defined in said Regulation 824. 81-199 19.1.73 None of the provisions of section 4.19.1 or of clause i of section 8.5.2 shall apply so as to require the owner or occupant of any building which is hereafter to be erected or to be extended or enlarged or to be materially altered on land within the area designated CB and numbered 73 on Sheet D3 of Schedule "A", as amended, for the purpose of any one or more of the uses permitted in clauses a, c, d, e, g, h, i, k, m, n, p, q, t, v, w, y, z, bb, dd, ee, ff, gg and hh of section 8.5.1 (which for the purpose of this section19.1.73 are hereafter referred to as the "designated uses") to provide or maintain a parking area to the extend prescribed in said section 4.19.1 with respect to the following part or parts of any such new building to be erected or of any such extension or enlargement of an existing building or of any such material alteration of an existing building: (a) each of the first two storeys above the basement or cellar, provided that the whole of each such storey is used for one or more of the designated uses and the basement or cellar is not used for any of the designated uses other than storage in connection with the use or uses being carried on above it, or (b) the basement or cellar if it is used for one or more of the designated uses other than storage in connection with the designated use or uses being carried on above it and the first storey above the basement or cellar, provided that the whole of such storey is also used for one or more of the designated uses, and (c) any dwelling unit on the one storey which is immediately above the upper storey described in either of the preceding clauses a and b provided the owner or occupant of such building provides and maintains a parking area to the extent prescribed in section 4.19.1 with respect to the remainder, if any, of such building. For the purpose of this section19.1.73 and sectionsl 9.1.74 and19.1.75 "materially altered" and "material alteration" mean such alteration for which a building permit 149 81-199 2008-23 is required under The Building Code Act, 1974. 19.1.74 None of the provisions of section 4.19.1 or of clause I of section 8.2.2 shall apply to as to require the owner or occupant of any building which is hereafter to be erected or to be extended or enlarged or to be materially altered on land within the area designated GC and numbered 74 on Sheet C4 of Schedule "A", as amended, for the purpose of any one or more of the uses permitted in clauses b, c, d, e, h, j, I, n, o, q, r, v, x, y, aa, bb, cc, ee, gg, hh, ii, jj, 11, qq and rr of section 8.2.1 (which for the purpose of this section 19.1.74 are hereafter referred to as the "designated uses") to provide or maintain a parking area to the extent prescribed in said section 4.19.1 with respect to the same part or parts of any such new building to be erected or of any such extension or enlargement of any existing building or of any such material alteration of an existing building as are specified in clauses a, b and c of section19.1.73, the provisions of which shall apply to this section19.1.74 except that for the purpose of this section "designated uses" shall mean the uses enumerated in this section, provided the owner or occupant of such building provides and maintains a parking area to the extent prescribed in section 4.19.1 with respect to the remainder, if any, of such building. 2012-61 19.1.75 None of the provisions of section 4.19.1 or of clause i of section 8.6.2 or section 19 shall apply so as to require the owner or occupant of any building which is hereafter to be erected or to be extended or enlarged or to be materially altered on land within the area designated TC and numbered 75 on Sheet D4 and D5 of Schedule "A", for the purpose of any one or more of the uses permitted in clauses a, d, e, f, i, k, m, n, o, p, s, u, v, w, x, y, aa, bb, cc, dd, ee, ff, II and mm of section 8.6.1 (which for the purpose of this section 19.1.75 are hereafter referred to as the "designated uses"), to provide or maintain a parking area to the extent prescribed in said section 4.19.1 with respect to the same part or parts of any such new building to be erected or of any such extension or enlargement of any existing building or of any such material alteration of an existing building as are specified in clauses a, b and c of section 19.1.73, the provisions of which shall apply to this section 19.1.75 except that for the purposes of this section "designated uses" shall mean the uses enumerated in this section, provided the owner or occupant of such building provides and maintains a parking area to the extent prescribed in section 4.19.1 with respect to the remainder, if any, of such building." 150 82-49 19.1.76 No person shall use the land on the north side of Spring Street designated I and numbered 76 on Sheet C4 of Schedule "A" to By-law No. 79-200, as amended, or erect or use any building or structure thereon for any purpose except for either or both a private club and a community building, subject to compliance with By-law No. 82-49. 81-255 19.1.77 The provisions of clause g of section 8.6.2 shall not apply to prevent the erection and use on the land designated TC and numbered 77 on Sheet D4 of Schedule "A", as amended, of an hotel 18.8 metres in height subject to compliance with By-law No. 81-255. 81-304 19.1.78 None of the provisions of section 4.28 shall apply to prevent the erection of walls and enclosure and use of an existing exterior patio for a commercial purpose on the land on the east side of Victoria Avenue designated TC and numbered 78 on Sheet D4 of Schedule "A", as amended, provided that the area enclosed shall not exceed 37 square metres. 81-283 2014-75 82-2 19.1.79 Repealed by By-law No. 2014-75. 19.1.80 None of the provisions of section 4.28 shall apply to prevent the erection of walls and enclosure and use of an existing porch for a commercial purpose on the land on the east side of Victoria Avenue designated TC and numbered 80 on Sheet D4 of Schedule "A", as amended, provided that the area enclosed shall not exceed 28 square metres. 81-305 19.1.81 None of the provisions of subclause iv of clause a, subclause vi of clause b or subclause ii of clause e of section 7.8.2 shall apply to prevent the use of the land on the south side of Morrison Street designated R3 and numbered 81 on Sheet D3 of Schedule "A", as amended, or the alteration and use of the existing dwelling thereon for the purpose of a triplex dwelling having a lesser side yard width on the easterly side than 3 metres provided that the width of the said side yard is not less than 2.4 metres. 19.1.84 The extension or enlargement, to the extent hereinafter prescribed, of the land on the north side of Bridge Street hereinafter referred to and the garage building erected thereon and their use for the purpose of the sale and 151 installation of tires and batteries for motor vehicles is hereby permitted, provided (1) the land to be used for the purpose aforesaid shall not extend beyond the limits of the land shown hatched and numbered 84 on Sheet D3 of Schedule "A", as amended, (ii) the extension or enlargement of the said building shall not exceed the enclosure of an area 8 metres in width and 1 metre in depth on the southerly side of the said building and the erection of a canopy 10.5 metres in width and 2.5 metres in depth on the southerly side of the said building, (iii) the said land and garage building as so extended or enlarged continue to be used in the same manner and for the same purpose as they were used on the 5th day of November, 1979, namely for the purpose of the sale and installation of tires and batteries for motor vehicles. 90-155 19.1.84 No building or structure shall be erected on the land shown hatched and (A) numbered 84A on said Sheet D3 of Schedule "A", as amended, and the said land shall be used only for the purpose of a surface parking area and landscaped open space and a storage area in conjunction with the use referred to in section19.1.84 and in accordance with By-law No. 90-155. 19.1.85 Repealed by By-law No. 2004-136. 19.1.86 Repealed by By-law No. 99-106. 19.1.87 Repealed by By-law No. 89-318. 19.1.88 Repealed by By-law No. 99-106. 82-189 19.1.89 None of the provisions of sections 4.4 or 11.2.1 or clause n of section 11.2.2 shall apply to prevent the use of the land on the north side of Montgomery Street and the east side of Kalar Road designated LI and numbered 89 on Sheet B6 of Schedule "A", as amended, for outside storage in conjunction with the use of such land and of any building or structure to be erected thereon for the purpose of public service by Niagara Falls Hydro -Electric Commission subject 152 to compliance with clauses a to m inclusive of section 11.2.2 and provided that no part of the said land which is closer (i) to the northerly boundary thereof than 3.5 metres, (ii) to the westerly boundary thereof than 10 metres, (iii) to the westerly 290 metres of the southerly boundary thereof than 3.5 metres, (iv) to the remainder of the southerly boundary thereof than 7.5 metres shall be used for the purpose of outside storage or for the purpose of structures for the storage of fuel. 82-115 19.1.90 Nothing in sections 7.7.1 or 7.7.2 shall apply to prevent the erection on the land designated R2 and numbered 90 on Sheet D3 of Schedule "A", as amended, of a monument subject to compliance with By-law No. 82-115. 83-192 19.1.92 (a) Notwithstanding the R3 designation or anything contained in section 7.8.1, no person shall use the land on the west side of Ottawa Avenue designated R3 and numbered 92 on Sheet D4 of Schedule "A", as amended, or erect or use any building or structure on the said land for any purpose except one on street townhouse dwelling containing not more than 4 dwelling units, subject to compliance with By-law No,83-192, or one or more of the uses enumerated in clauses a,b,c,g and h of said section 7.8.1; (b) None of the provisions of clause a of section 4.19.1 or of subclause v of 83-192 clause b or of subclause ii of clause e or of clause k of section 7.8.2 shall apply to prevent the erection and use of such on street townhouse dwelling on the aforesaid land, subject to compliance with said By-law No. 83-192. 82-237 19.1.93 Repealed by By-law No. 2009-184. 82-268B 19.1.94 None of the provisions of section 8.1.1 or of clauses c or e of section 8.1.2 shall apply to prevent the use of the said land on the south side of McLeod Road designated NC and numbered 94 on Sheet C5 of Schedule "A", as amended, or the erection and use of structures on such land for the purpose of a gasoline bar in conjunction with a retail store subject to compliance with By-law No. 82-268B. Notwithstanding clause f or any other provision of section 153 8.1.2, the maximum lot coverage of the land on the east side of Drummond Road designated NC and numbered 95 on Sheet C5 of Schedule "A", as amended, shall be 15% and landscaped open space shall be provided and maintained on the said land to the extent, at least of 30% of the area of the said land. 82-268B 19.1.95 See 19.1.94. 82-257 19.1.96 None of the provisions of sections 2.42, 2.49 or 8.6.1 shall apply to prevent the use of the land designated TC and numbered 96 on Sheet D5 of Schedule "A", as amended, or the erection or use of buildings or structures thereon for the purpose of a miniature racing car amusement ride, subject to compliance with By-law No. 82-257. 85-155 19.1.97 None of the provisions of section 8.8.1 or of clauses (a) or (b) of section 8.8.2 or of clause (c) or subclause (ii) of clause (e) of section 7.5.2 or of section 5 shall apply to prevent the erection of an addition to the existing building on the land on the southeasterly side of Lewis Avenue designated DTC and numbered 97 on Sheet D4 of Schedule "A", as amended, or the use of the said land, building and addition thereto for the purpose of a retail food store with not more than one dwelling unit above the retail food store, subject to compliance with By-law No. 85-155. 19.1.98 Repealed by By-law No. 97-196. 84-3 19.1.99 Repealed by By-law No. 94-264. 83-151 19.1.100 None of the provisions of section 11.2.1 shall apply to prevent the use of the land on the west side of Beechwood Road designated LI and numbered 100 on Sheet A6 of Schedule "A", as amended, or the erection and use thereon of buildings or structures for the purpose of a non -motorized bicycle race course as defined in By-law No. 83-151 subject to compliance with such by-law. 19.1.101 Repealed by By-law No. 98-37. 84-238 19.1.102 No person shall use the land on the westerly side of Valley Way designated RI C and numbered 102 on Sheet C4 of Schedule "A" to By-law No. 79-200, as 154 85-206 19.1,103 &19.1.103A 84-19 19.1.104 85-108 19.1.105 84-23 19.1.106 amended, for any purpose except for the purpose of a private landscaped passive park and no person shall erect or use any building or structure on the said land except as provided in By-law No, 84-238. None of the provisions of section 8.9.1 or of clause e of section 8.9.2 or of clause e, g or h of section 8.9.3 shall apply to prevent the use of the said land on the north side of McLeod Road designated AS and numbered 103 on Sheet C5 of Schedule "A", as amended, or the erection or use of buildings and/or structures on such land for any of the following purposes in conjunction with an automobile service station or a gasoline bar, subject to compliance with By-law No. 85-206 (a) bake shop; (b) personal service shop; (c) retail store; (d) service shop; Notwithstanding clause g or any other provision of section 8.9.3, the maximum lot coverage of the said land on the north side of McLeod Road designated AS and numbered 103 on Sheet C5 of Schedule "A', as amended, shall be 20%. None of the provisions of sections 4.4 or 14.1 shall apply to prevent the use of the land in Township Lot 191 of the former Township of Stamford designated OS and numbered 104 on Sheet D6 of Schedule "A", as amended, for outside storage of materials, supplies, equipment and vehicles by Ontario Hydro for the purpose of public service, provided that no part of such land shall be used for the storage of transformers, explosives, or bulk storage of gasoline, oil or other inflammable liquids or gases. No person shall use the land on the west side of Montrose Road designated I and numbered 105 on Sheets B4 and B5 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except for one or more of the uses permitted in and subject to compliance with By-law No. 85-108. None of the provisions of clause a of section 4.19.1 or of clauses a,c, i.j and k of section 4.25 or of clause L of section 8.6.2 shall apply so as to prevent the erection and use of a motel containing not more than 9 motel units on the land on the southeasterly side of Ellen Avenue designated TC and numbered 155 84-21 19.1.107 106 on Sheet D4 of Schedule "A", as amended, with a lesser lot frontage than 40 metres and a lesser front yard depth than 3 metres or so as to require the owner or occupant of such motel to provide and maintain a parking area containing all of the parking spaces prescribed by the aforesaid section 4.19.1 in respect of such motel on the same lot occupied by such motel, provided that such owner or occupant shall provide and maintain parking areas containing, in the aggregate, parking spaces for such motel to the extent at least prescribed in Table 1 of the aforesaid section 4.19.1 on the said land designated TC and numbered 106 and on the land on the northwesterly side of Ellen Avenue designated P and numbered 106 on said Sheet D4 of Schedule "A", as amended, and further provided that no part of such motel shall be erected closer to the southeasterly limit of Ellen Avenue than 1.5 metres. None of the provisions of sections 9.1 or 9.2 shall apply to prevent the use of the existing dwelling on the land on the north side of Biamonte Parkway designated 1 and numbered 107 on Sheet C4 of Schedule "A" to By-law No. 79-200, as amended, for the purpose of a clinic or the use of the northerly 21 metres of the said land for a parking area for the said clinic and an existing clinic on lands to the west, subject to compliance with By-law No. 84-21. 19.1.108 Repealed by By-law No. 89-232. 86-27 19.1.109 None of the provisions of section 8.1.1 shall apply to prevent the use of the land 95-35 on the westerly side of Portage Road designated NC and numbered 109 on the Sheet C4 of Schedule "A", as amended, for either but not both, of the following alternative uses: Alternative 1 the use of the existing building on part of the said land for the purpose of a variety store and/or a shop selling prepared foods and the use of the remainder of the land for the purpose of a surface parking area, or Alternative 2 the erection and use on part of the said land of one building for the purpose of a clinic and the use of the remainder of the said land for a surface parking area in connection with the said clinic subject to compliance with By-law No. 86-27, as amended by By-law No. 95-35. 156 84-176 19.1.110 84-177 19.1.111 19.1.112 84-220 None of the provisions of section 7.7.1 or of clauses a or b or subclause ii of clause e of section 7.7.2 shall apply to prevent the use of the land on the north side of Armoury Street designated R2 and numbered 110 on Sheet D4 of Schedule "A", as amended, or the alteration and use of the one family detached dwelling thereon for the purpose of a dwelling containing 2 dwelling units and having a lesser side yard width on each side than 1.8 metre provided that the width of each side yard is not less than 1.1 metre. None of the provisions of section 8.3.1 shall apply to prevent the use of the existing garage building on the land on the west side of Carroll Avenue designated DC and numbered 111 on Sheet C3 of Schedule "A", as amended, for the purpose of a service shop for the repairing of radios, televisions and electronic apparatus, subject to compliance with By-law No. 84-177. None of the provisions of section 8.9.1 shall apply to prevent the use of the land located on the north side of Bridge Street designated AS and numbered 112 on Sheet D3 of Schedule"A", as amended, or the erection and use of buildings or structures thereon for the purpose of the keeping for sale and selling at retail of either or both diesel fuel and propane in addition to gasoline, subject to compliance with By-law No. 84-219. 84-252 19.1.114 Repealed by By-law No. 2001-90. 84-245 19.1.115 None of the provisions of sections 10.1 or 10.2 shall apply to prevent the use of an existing building on the land located on the east side of Montrose Road designated LI and numbered 115 on Sheet B3 of Schedule "A" as amended for the keeping for sale and selling at retail of flooring products, carpet products and bathroom fixtures subject to compliance with By-law No. 84-245 84-229 19.1.116 None of the provisions of section 8.6.1 of clause a of section 4.19.1 or clauses g and I of section 8.6.2 shall apply to prevent the erection or use on the land on the north side of Ferry Street between Ellen Avenue and Victoria Avenue, designated TC and numbered 116 on Sheet D4 of Schedule "A", as amended, of one building not exceeding 6 storeys in height for the purpose of a hotel or so as to require the owner or occupant of such hotel to provide and maintain a parking area containing all of the parking spaces prescribed by the aforesaid section 4.19.1 in respect of such hotel on the same lot occupied by 157 84-240 19.1.117 such hotel, provided that such owner or occupant shall provide and maintain a parking area containing, in the aggregate, parking spaces for such hotel to the extent at least prescribed in Table 1 of the aforesaid section 4.19.1 on the said land designated TC and numbered 116 and on the land on the northwesterly side of Ellen Avenue designated P and numbered 116 on said Sheet D4 of Schedule "A", as amended, subject to compliance of By-law No. 84-229. None of the provisions of clauses b, d or e of section 7.9.2 shall apply to prevent the erection or use of group dwellings containing in aggregate not more than 45 dwelling units and having a minimum lot frontage of 12 metres on the land on the north side of Prospect Street designated R4 and numbered 117 on Sheet C4 of Schedule "A" as amended subject to compliance with By-law No. 84-240. 19.1.118 Repealed by By-law No. 87-140. 85-77 19.1.119 (a) none of the provisions of section 12.1 shall apply to prevent the use of the land designated "A", as amended, for the purpose of a golf course or to prevent the erection or use of accessory buildings and accessory structures thereon for the purpose of a golf course, subject to compliance with By-law No. 85-77; 85-226 19.1.120 (b) notwithstanding sections 16.1 and 16.2, no person shall use the land designated HL and numbered 119 on Sheets A3 and A4 of Schedule "A", as amended, for any purpose except for the purpose of a golf course and no person shall erect or use any building or structure of any nature or kind on the said land for the purpose of a golf course or for any other purpose. Notwithstanding clause (d) of section 7.4.2 or clauses (c) and (d) of section 7.5.2 no person shall erect or use any building or structure on any lot abutting on the most northerly boundary of the land numbered 120 on Sheet B3 of Schedule "A", as amended, closer to such most northerly boundary than 10 metres or erect or use any building or structure on any lot designated R1 E lying within the area of the said land numbered 120 having a lesser front yard depth than 6 metres. 85-133 19.1.122 Deleted by By-law No. 88-28. 158 85-133 19.1.123 None of the provisions of section 7.10.1 or of clauses d, e, h and j of section 7.10.2 shall apply so as to prevent the erection and use on the land designated R5A and numbered 123 on Sheet B3 of Schedule "A", as amended, of not more than five apartment dwellings containing a combined total of 150 dwelling units and a parking structure and with or without other accessory buildings and accessory structures, and having a lesser interior rear yard depth than 10 metres, lesser interior side yard widths than one-half the height of the apartment dwellings, a greater height than 10 metres for the apartment dwellings and more than one apartment dwelling on one lot or block, subject to compliance with By-law No. 85-133. 85-130 19.1.124 Repealed by By-law No. 96-107. 19.1.125 The provisions of clause g of section 8.6.2 shall not apply to prevent the 85-154 erection or use on the land on the northwesterly side of Victoria Avenue and the southeasterly side of Ellen Avenue designated TC and numbered 125 on Sheet D4 of Schedule "A", as amended, of a hotel 7 storeys in height subject to compliance with By-law No. 85-154. 19.1.127 Repealed by By-law No. 98-204 85-234 19.1.128 Repealed by By-law No. 95-200 86-43 19.1.129 The provisions of clause (c) of section 7.2.2 shall not apply to prevent the erection and use on the land designated R1 B and numbered 129 on Sheet C4 of Schedule "A", as amended, of one family detached dwellings having a lesser front yard depth than 7.5 metres provided that the front yard depth shall not be less than 6 metres. 86-45 92-113 92-182 19.1.130 Notwithstanding the GC designation or anything contained in sections 8.2.1 and 8.2.2 no person shall use the land on the south side of McLeod Road designated GC and numbered 130 on Sheet C5 on Schedule "A", as amended, or erect or use any building or structure on the said land for any purpose except one or more of the uses set out in By-law No. 86-45 and except in compliance with the regulations set out in said By-law No. 86-45, as amended by By-law No. 92-113 and By-law No. 92-182. 159 86-36 19.1.131 None of the provisions of section 8.1.1 shall apply to prevent the use of the existing motel building on the land on the northerly side of McLeod Road and designated NC and numbered 131 on Sheet C5 of Schedule "A", as amended, or the conversion and use of the said motel building and any addition thereto for the purpose of an outlet for the sale or rental of video cassettes and recorders and certain additional Neighbourhood Commercial uses specified in By-law No. 86-36 subject to compliance with said By-law No. 86-36. 86-48 19.1.132 Repealed by By-law No. 99-259. 86-72 19.1.133 (a) none of the provisions of subclause (iii) or clause (a), subclause (v) of clause (b) or of subclause (ii) of clause (e) or of clause (f) of section 7.8.2 shall apply to prevent the erection and use of one on -street townhouse dwelling containing not more than 3 dwelling units on the land at the northeasterly corner of Murray Street and Drummond Road designated R3 and numbered 133 on Sheet C5 of Schedule "A", as amended, and having a lesser interior side yard width than 3 metres and lesser exterior side yard width than 4.5 metres, provided that such yards are not less than 1.8 metres and 3 metres, respectively, subject to compliance with By-law No. 86-72. 86-72 86-82 19.1.134 (b) notwithstanding the R3 designation or anything contained in section 7.8.1, no person shall use the aforesaid land or erect or use any building or structure thereon for any purpose except one on -street townhouse dwelling containing not more than 3 dwelling units subject to compliance with said By-law No. 86-72 None of the provisions of section 4.14 or clause (f) of section 7.11.2 shall apply to prevent the erection and use on the land on the easterly side of Portage Road and northerly side Valley Way designated R5B and numbered 134 on Sheet C4 of Schedule "A", as amended, of an apartment dwelling containing not more than 15 dwelling units having covered balconies which project into the exterior side yard a distance of not more than 1.83 metres, subject to compliance with By-law No. 86-82. 19.1.135 Repealed by By-law No. 94-180. 160 86-90 19.1.136 Repealed by By-law No. 98-176. 86-113 19.1.137 None of the provisions of clauses (b), (d) or (k) of section 7.11.2 shall apply to prevent the erection or use on the land on the northerly side of Dunn Street designated R5B and numbered 137 on Sheet C5 of Schedule "A", as amended, of an apartment dwelling containing not more than 7 dwelling units and having lesser rear yard depth than 10 metres and less than 10 parking spaces subject to compliance with By-law No. 86-113. 86-112 19.1.138 None of the provisions of section 7.8.1 or of clauses (a) or (i) of section 7.8.2 shall apply to prevent the use of the land on the south side of Ker Street designated R3 and numbered 138 on Sheet C4 of Schedule "A", as amended, or the alteration and use of the existing dwelling thereon for the purpose of a dwelling containing 3 dwelling units subject to compliance with By-law No. 86-112. 88-107 19.1.139 Repealed by By-law No. 88-107; repealed by By-law No. 96-04. 87-155 19.1.140 Notwithstanding the P designation or any of the provisions of section 17.1, no person shall use the land on the westerly side of Drummond Road designated P and numbered 140 on Sheet C3, as amended, for any purpose except a parking lot consisting only of a surface parking area and subject to compliance with By-law No. 87-155 86-164 19.1.142 Notwithstanding the GC designation or anything contained in sections 8.2.1 and 8.2.2 no person shall use the land on the west side of Stanley Avenue and the southerly side of Valley Way designated GC and numbered 142 on Sheet D4 on Schedule "A", as amended, or erect or use any building or structure on the said land for any purpose except one or more of the uses set out in By-law No. 86-164 and except in compliance with the regulations set out in said By-law No. 86-164. 19.1.143 Repealed by By-law No. 88-134. 19.1.144 Repealed by By-law No. 94-151. 19.1.145 Repealed by By-law No. 97-100. 161 88-26 19.1.146 87-55 19.1.147 86-224 19.1.148 86-254 19.1.149 None of the provisions of section 8.5.1 shall apply to prevent the use of the land on the southerly side of Bridge Street, designated CB and numbered 146 on Sheet D3 of Schedule"A", as amended, or the erection or use of buildings or structures thereon or the purpose of either or both a used car lot and new car agency, subject to compliance with section 8.5.2. The provisions of section 7.9.1, subclause (i) of clause d of section 7.9.2 and subclause (iii) of clause c of section 7.9.3 shall not apply to prevent the use of the land on the westerly side of Portage Road designated R4 and numbered 147 on Sheet C3 of Schedule "A", as amended, or the erection or use thereon of four townhouse dwellings containing, in the aggregate, not more than 16 dwelling units or the alteration or use of an existing dwelling for the purpose of a semi-detached dwelling, subject to compliance with By-law No. 87-55 The provisions of clause b of section 7.9.2 shall not apply to prevent the use of the land on the easterly side of Ailanthus Avenue designated R4 and numbered 148 on Sheet C5 of Schedule "A", as amended, or the erection or use thereon of either one apartment dwelling containing no more than 12 dwelling units or two or more townhouse dwellings containing, in the aggregate, not more than 10 dwelling units, subject to compliance with By-law No. 86-224. The provisions of subclause (i) of clause b of section 7.9.2 shall not apply to prevent the use of the land on the easterly side of Montrose Road designated R4 and numbered 149 on Sheet B5 of Schedule "A", as amended, or the erection or use thereon of one apartment dwelling containing no more than 16 dwelling units, subject to compliance with By-law No. 86-254. 87-13 19.1.150 By-law expired. 87-11 19.1.151 (a) the extension, to the extent hereinafter prescribed, of the land shown hatched and numbered 151 on Sheet C4 of Schedule "A", as amended, and the use thereof for the purpose of a club house and playground for carrying on the activities of Boy Scouts and Girl Guides and their respective groups and divisions is hereby permitted subject to the provisions of By-law No. 87-11. 162 87-11 19.1.152 89-208 19.1.153 (b) the land to be used for the purpose aforesaid shall not be extended beyond the limits of the land shown hatched an numbered 151 and 152 on said Sheet C4 of Schedule "A", as amended. No building or structure shall be erected on the land shown hatched and numbered 152 on said Sheet C4 of Schedule "A", as amended, but otherwise the said land may be used for the purpose described in section19.1.151 None of the provisions of section 16.1 shall apply to prevent the erection or use of one one -family detached dwelling with an attached garage on the land on the southeasterly side of Lundy's Lane designated HL and numbered 153 on Sheet A5 of Schedule "A", as amended, subject to compliance with By-law No. 89-208. 87-47 19.1.154 Repealed by By-law No. 99-233. 19.1.155 Repealed by By-law No. 2000-195. 87-79 19.1,156 Notwithstanding the R5C designation or anything contained in section 7.12.2, no person shall use the land on the easterly side of Dorchester Road designated R5C and numbered 156 on Sheet C4 of Schedule "A", as amended, for any purpose except one apartment dwelling containing not more than 77 dwelling units, subject to compliance with By-law No. 87-79. 87-81 19.1.157 Notwithstanding the R4 designation or anything contained in sections 7.9.1, 7.9.2 and 7.9.3, no person shall use the land on the easterly side of Dorchester Road designated R4 and numbered 157 on Sheet C4 of Schedule "A", as amended, for any purpose except for 5 townhouse dwellings containing, in the aggregate, no more than 30 dwelling units, subject to compliance with By-law No. 87-81 87-81 19.1.158 Repealed by By-law No. 2000-243. 87-140 19.1.159 No person shall use the land on the north side of Morrison Street designated GC and numbered 159 on Sheet C3 of Schedule "A", as amended, or erector use any building or structure thereon for any purpose except one building for the purpose of medical offices with or without ancillary uses, subject to compliance 163 87-144 19.1.160 86-259 19.1.161 with By-law No. 87-140. None of the provisions of section 7.7.1 shall apply to prevent the use of the land on the east side of Second Avenue north of Bridge Street designated R2 and numbered 160 on D3 of Schedule "A", as amended, or the use of the existing dwelling thereon for the purpose of a dwelling containing not more than three dwelling units No person shall use the land on the southeasterly side of Lewis Avenue, being Lots 23, 24, 25, 26 and 27 according to Registered Plan No. 1063 for the Town of Niagara Falls, now known as Plan 11, designated TC and numbered 161 on Sheet D4 of Schedule "A", as amended, by By-law No. 86-259 and this order, except in accordance with the provisions of sections 8.6.1 and 8.6.2 and the plan added as Schedule 2 to said By-law No. 86-259 by this order. 19,1.162 Repealed by By-law No. 89-301. 19.1.163 Repealed by By-law No. 97-50. 88-207 19.1.164 2017-046 None of the provisions of section 8.2.1 shall apply to prevent the use of the existing building on the land on the southerly side of Robinson Street and easterly side of Main Street designated GC and numbered 164 on Sheet C5 of Schedule "A", as amended, for the purpose of a rooming house or boarding house for the accommodation of not more than 10 persons, exclusive of the owner and his or her family, subject to compliance with By-law No. 88-207. 19.1.165 Repealed by By-law No. 90-126. 19.1.166 Repealed by By-law No. 94-263. 92-01 19.1.167 Notwithstanding clause (c) of section 7.3.2 and except for Lot 45 according to Registered Plan 59M-138 for the City of Niagara Fails, no person shall erect or maintain any fence or wall on the land designated R1C and numbered 167 on Sheet B3 of Schedule "A", as amended, closer to the northerly limit of Thorold Stone Road than 8 metres. 164 87-222 19.1.168 Deleted by By-law No. 2003-180. 19.1.169 Repealed by By-law No. 90-216. 88-40 19.1.170 The enlargement by an aggregate floor area of 410 square metres on the westerly side of the building now erected on the land shown hatched and designated R5A and numbered 170 on Sheet C3 of Schedule "A", as amended, and the use thereof for the purpose of a restaurant with two dwelling units above it is hereby permitted subject to the provisions of By-law No. 88-40. 87-243 19.1.171 87-243 19.1.172 (a) the extension, to the extent hereinafter prescribed, of the land shown hatched and numbered 171 on Sheet C4 of Schedule "A", as amended, and the use thereof for the purpose of a club house and grounds for carrying on the activities of Knights of Columbus is hereby permitted subject to the provisions of By-law No. 87-243. (b) the land to be used for the purpose aforesaid shall not be extended beyond the limits of the land shown hatched and numbered 171 and 172 on said Sheet C4 of Schedule "A", as amended. No building or structure shall be erected on the land shown hatched and numbered 172 on said Sheet C4 of Schedule "A", as amended, but otherwise the said land may be used for the purpose described in section19.1.171 88-030 19.1.173 Repealed by By-law No. 2001-265. 87-269 19.1.174 Notwithstanding the R4 designation or anything contained in sections 7.9.1, 7.9.2 and 7.9.3, no person shall use the land on the easterly side of Mewburn Road designated R4 and numbered 174 on Sheet B2 of Schedule "A", as amended, for any purpose except for 5 townhouse dwellings containing, in the aggregate, no more than 28 dwelling units, subject to compliance with By-law No. 87-269. 88-48 19.1.175 None of the provisions of sections 10.1, 10.2 or 11.1.1 shall apply so as to prevent the use on the land on the westerly side of Stanley Avenue, designated PI and numbered 175 on Sheet C3 of Schedule "A", as amended, or part or parts of the industrial mall building erected thereon for the purpose of a 165 contractor's or tradesman's shop or the use of not more than 30% or 93 square metres, whichever is the lesser, of the gross floor area of any unit in the said industrial mall building for retail purposes, subject to compliance with By-law No. 88-48. 96-04 19.1.176 Repealed by By-law No. 99-268. 88-165 19.1.177 The provisions of clause (g) of section 8.6.2 shall not apply to prevent the erection or use on the land on the northwesterly side of Victoria Avenue, designated TC and numbered '177 on Sheet D4 of Schedule "A", as amended, of a hotel not exceeding 9 storeys in height, subject to compliance with By-law No. 88-165. 88-28 19.1.178 92-01 88-31 19.1.179 88-110 88-149 19.1.180 88-163 19.1.182 (a) The provisions of clause (j) of section 7.2.2 shall not apply to prevent the erection and use on the land designated RIB and numbered 178 on Sheet B3 of Schedule "A", as amended, of not more than 26 one -family detached dwellings, subject to compliance with By-law 88-28, and By- law 92-01 Notwithstanding the OS designation or anything contained in sections 14.1 and 14.2, no person shall use the land on the easterly side of Portage Road, designated OS and numbered 179 on Sheet C3 of Schedule "A", as amended, for any purpose except for one or more of a mausoleum, which may contain a chapel and a columbarium, subject to compliance with By-law No. 88-31. The provisions of clause (g) of section 8.6.2 shall not apply to prevent the erection or use on the land on the northerly side of Lundy's Lane and the easterly side of Belmont Avenue, designated TC and numbered 180 on Sheet B4 of Schedule "A", as amended, of a hotel not exceeding 6 storeys in height, subject to compliance with By-law No. 88-149. Notwithstanding the P designation or any of the provisions of section 17.1, no person shall use the land lying east of Drummond Road and north of Toby Crescent, designated P and numbered 182 on Sheet C5 of Schedule "A", as amended, for any purpose except a parking lot consisting only of a surface parking area and subject to compliance with By-law No. 88-163. 166 88-78 19.1.183 88-151 19.1.184 88-101 19.1,185 88-108 19.1.186 Notwithstanding clauses (d) and (i) of section 7.2.2, no person shall erect or use any dwelling having a floor area of Tess than 139 square metres on the land designated RIB and numbered 183 on Sheet C2 of Schedule "A", as amended, and no such dwelling shall be erected closer to the most westerly boundary of the said land than 12 metres and a close board type fence shall be erected and maintained along the whole of the said most westerly boundary, all in compliance with By-law No. 88-78. No person shall use the land on the northwesterly side of Main Street and the southeasterly side of Bridgewater Street designated RIC and numbered 184 on Sheet E6 of Schedule"A", as amended, or erect or use any building or structure thereon for any purpose except for the purpose of a senior citizens' residence as defined in By-law 88-151, subject to compliance with such by-law. None of the provisions of section 7.9.1 or of clause (b) of section 7.9.2 shall apply so as to prevent the erection or use of a quadruplex dwelling on the land designated R4 and numbered 185 on Sheet C5 of Schedule "A", as amended, subject to compliance with By-law No. 88-101. Notwithstanding the P designation or any of the provisions of sections 17.1 and 17.2, no person shall use the land on the southerly side of Spring Street, designated P and numbered 186 on Sheet C4 of Schedule "A", as amended, for any purpose except a surface parking area and subject to compliance with By-law No. 88-108. 88-102 19.1.187 Deleted by By-law No. 2003-180. 88-116 19.1.188 Notwithstanding the GC designation or anything contained in sections 8.2.1 and 90-310 8.2.2, no person shall use the land on the west side of Drummond Road designated GC and numbered 188 on Sheet C3 on Schedule "A", as amended, or erect or use any building or structure on the said land for any purpose 90-310 except a retail store and one or more of the uses set out in By-law No. 88-116 and except in compliance with the regulations set out in said By-law No. 88-116. 19.1.189 Repealed by By-law No. 89-288. 167 88-134 19.1.190 None of the provisions of section 7.10.1 or of clauses (c), (d), (e) and (j) of section 7.10.2 shall apply so as to prevent the erection and use on the land designated R5A and numbered 190 on Sheet B3 of Schedule "A", as amended, of not more than 2 apartment dwellings containing a combined total of not more than 30 dwelling units and having a lesser front yard depth from the centre line of Thorold Stone Road than 34.02 metres, a lesser interior rear yard depth than 10 metres and a lesser interior side yard width on the easterly side than one-half the height of the more easterly apartment dwelling, subject to compliance with By-law 88-134. 19.1.191 Repealed by By-law No. 95-53. 88-182 19.1.192 Notwithstanding the R5A designation or the provisions of section 7.10.2, no person shall use the land on the southwesterly side of Terrace Avenue designated R5A and numbered 192 on Sheet D3 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose other than one apartment dwelling not exceeding 2 storeys in height and containing not more than 6 dwelling units, subject to compliance with By-law No. 88-182. 88-184 19.1.192 88-184 19.1.193 88-184 19.1.194 The land on the westerly side of Montrose Road, designated R1 B and numbered 192 on Sheet B3 of Schedule "A", as amended, shall be subject to the additional lot frontage and exterior side yard requirements and the landscaped open space requirement of at least 40% of the area of each lot contained in By-law No. 88-184. The land on the westerly side of Montrose Road designated R1A and numbered 193 on Sheet B3 of Schedule "A", as amended, shall be subject to the additional lot frontage and yard requirements and the landscaped open space requirement of at least 40% of the area of each lot contained in By-law No. 88-184. The land lying west of Montrose Road designated RIA and numbered 194 on Sheet B3 of Schedule "A", as amended, shall be subject to the additional lot frontage, yard and minimum floor area requirements and the landscaped open space requirement of at least 40% of the area of each lot contained in By-law No. 88-184. 168 88-184 19.1.195 88-184 19.1.196 88-184 19.1.197 2002-091 89-266 19.1.202 89-33 19.1.203 88-246 19.1.204 94-130 The land on the westerly side of Montrose Road designated RIA and numbered 195 on Sheet B2 of Schedule "A", as amended, shall be subject to the additional lot frontage, yard and minimum floor area requirements and the landscaped open space requirement of at least 40% of the area of each lot contained in By-law No. 88-184. Notwithstanding the R4 designation or anything contained in sections 7.9.1, 7.9.2 and 7.9.3, no person shall use the land on the westerly side of Montrose Road designated R4 and numbered 196 on Sheet B2 of Schedule "A", as amended, for any purpose except for townhouse dwellings not more than one storey in height containing, in the aggregate, no more than 25 dwelling units, subject to the additional yard and minimum floor area requirements and the additional landscaped open space requirement of at least 40% of the area of the said land contained in By-law No. 88-184. Repealed by By-law No. 2002-091 None of the provisions of section 4.8 or section 11.4.1 shall apply so as to prevent the use of the land on the easterly side of Thorold Town Line Road and the northerly side of Brown Road designated HI and numbered 202 on Sheet A6 of Schedule "A", as amended, or the erection and use of buildings or structures thereon for either or both of the following purposes: (a) a metal scrap yard, subject to compliance with By-law No. 89-266, (b) not more than one one -family detached dwelling provided that all of the regulations in clauses (c),(d),(e) and (f) of section 7.3.2 or a one family detached dwelling in an RIC Zone shall apply to the said land. Repealed by By-law No. 2010-163. None of the provisions of sections 10.1, 10.2, 11.1.1 or clause (c) of section 11.1.2 shall apply so as to prevent the use of the land on the westerly side of Stanley Avenue, designated PI and numbered 204 on Sheet C3 of Schedule "A", as amended, or part or parts of the industrial mall building erected thereon for the purpose of a dance studio, contractor's or tradesman's shop or the use of not more than 30% or 93 square metres, whichever is the lesser, of the gross floor area of any unit in the said industrial mall building for retail purposes, or the erection or use of a part of the said building closer to the southwesterly 169 19.1.205 89-09 95-109 19.1.207 88-291 19.1.208 limit of Stanley Avenue than 10 metres, subject to compliance with By-law No. 88-246. Notwithstanding the provisions of clauses (a) and (b) of section 7.10.2, no person shall use the land designated R5A and numbered 205 on Sheet B3 of Schedule "A", as amended, or erect or use any building thereon for any purpose other than one apartment dwelling containing not more than 18 dwelling units. None of the provisions of sections 8.7.1 and 8.7.2 shall apply to prevent the use of the land on the northerly side of Lundy's Lane designated CE and numbered 207 on Sheet B4 of Schedule "A", as amended, for the placement and use thereon of not more than 26 trailers or structures to be used for occupancy on a year-round basis. The provisions of clauses (e) and (g) of section 8.6.2 shall not apply to prevent the erection or use on the land on the westerly side of Buchanan Avenue, northerly side of Spring Street and easterly side of Stanley Avenue, designated TC and numbered 208 on Sheet D4 of Schedule "A", as amended, of a hotel not exceeding four storeys or 14.6 metres in height, whichever is the lesser, or a one storey addition to an existing restaurant building without such addition having any setback from the northerly limit of Spring Street, subject to compliance with By-law No. 88-291 89-17 19.1.209 Repealed by By-law No. 2003-75. 19.1.210 Repealed by By-law No. 90-222. 89-122 19.1.211 The provisions of subclause (ii) of clause (a) of section 7.7.2 shall not apply so as to prevent the use of the land on the northwesterly side of Palmer Avenue designated R2 and numbered 211 on Sheet D4 of Schedule "A", as amended, or the erection or use thereon of not more than four semi-detached dwellings, provided that no part of any such dwelling shall be erected on the said land closer to the northwesterly limit of Palmer Avenue than 6 metres. 19.1.212 Repealed by By-law No. 96-94. 89-52 19.1.213 None of the provisions of clause (a) of section 4.19.1 or clauses (g) and (i) of 170 section 8.6.2 shall apply so as to prevent the erection and use of a 10 storey hotel containing not more than 108 rooms for guests on the land on the southwesterly corner of Victoria Avenue and Roberts Street, designated TC and numbered 213 on Sheet D4 of Schedule "A", as amended or so as to require the owner or occupant of such hotel to provide and maintain a parking area containing all of the parking spaces prescribed by the aforesaid clause (a) of section 4.19.1 in respect of such hotel on the same lot occupied by such hotel, provided that such owner or occupant shall provide and maintain parking areas containing, in the aggregate, parking spaces for such hotel to the extent at least prescribed in Table 1 of the aforesaid clause (a) of section 4.19.1 on the said land designated TC and numbered 213 and on the land on the southerly side of Roberts Street and northerly side of Kitchener Street designated P and numbered 213 on said Sheet D4 of Schedule "A", as amended, subject to compliance with By-law No. 89-52. 19.1.215 Repealed by By-law No. 97-197. 89-44 19.1.216 The provisions of subclause (ii) of clause (a) of section 7.7.2 shall not apply so as to prevent the erection or use of two semi-detached dwellings or two duplex dwellings or one semi-detached dwelling and one duplex dwelling on the land designated R2 and numbered 216 on Sheet E6 of Schedule "A", as amended, subject to compliance with By-law No. 89-44. 19.1.217 Repealed by By-law No. 2001-21. 19.1.218 Repealed by By-law No. 98-157. 19.1.219 Repealed by By-law No. 98-157. 89-65 19.1.220 None of the provisions of clauses (a),(c),(d),(e),(h) and (m) of section 7.11.2 or of clauses (a) and (d) of section 4.27.1 shall apply so as to prevent the erection or use on the land designated R5B and numbered 220 on Sheet C3 of Schedule "A", as amended, of a sixteen unit apartment building, subject to compliance with By-law No. 89-65. 89-116 19.1.221 The provisions of clause (g) of section 4.25 shall not apply to prevent the erection or use on the land on the easterly side of Stanley Avenue and westerly side of Buchanan Avenue designated TC and numbered 221 on Sheet D4 of 171 90-20 19.1.222 90-94 19.1.223 89-118 19.1.224 89-133 19.1.225 89-145 19.1.226 Schedule "A", as amended, of a motel not exceeding 12 metres in height, subject to compliance with By-law No. 89-116. The provisions of clause (k) of section 7.9.2 shall not apply so as to prevent the erection or use on the land on the easterly side of Montrose Road designated R4 and numbered 222 on Sheet B3 of Schedule "A", as amended, of one apartment dwelling having a lesser number of parking spaces than prescribed in clause (a) of section 4.19.1, subject to compliance with By-law No. 90-19. Notwithstanding clause (m) of section 7.9.2, no person shall use the land on the east side of Montrose Road designated R4 and numbered 223 on B2 of Schedule "A", as amended, except in compliance with By-law No. 90-94. The land on the westerly side of Montrose Road designated RI B and numbered 224 on Sheet B3 of Schedule "A", as amended, shall be subject to the additional lot frontage and exterior side yard requirements and the landscaped open space requirement of at least 40% of the area of each lot contained in By-law No. 89-118. The provisions of clause (h) of section 7.9.2 shall not apply so as to prevent the erection and use on the land on the north side of Thorold Stone Road designated R4 and numbered 225 on Sheet B3 of Schedule "A", as amended, of not more than 2 apartment dwellings containing a combined total of not more than 60 dwelling units and having a greater height than 10 metres, subject to compliance with By-law No. 89-133. The land lying west of Montrose Road and north of Thorold Stone Road designated R1C and R11:1 and numbered 226 on Sheet B3 of Schedule "A", as amended, shall be subject to the additional lot coverage requirements and the landscaped open space requirement of at least 40% of the area of each lot contained in By-law No. 89-145. 89-235 19.1.227 Repealed by By-law No. 2008-102. 89-228 19.1.228 Repealed in whole by the Ontario Municipal Board. 19.1.229 Repealed by By-law No. 96-213. 172 19.1.230 Repealed by By-law No. 96-213. 89-280 19.1.231 The land on the easterly side of Kalar Road designated RIA and numbered 231 96-213 on Sheet B2 of Schedule "A", as amended, shall be subject to the additional lot frontage and yard requirements and the landscaped open space requirement of at least 40% of the area of each lot contained in By-law No. 89-280; amended by By-law 96-213. 89-280 19.1.232 89-280 19.1.233 89-288 19.1.234 90-166 19.1.235 89-258 19.1.236 The land lying west of Montrose Road designated RIA and numbered 232 on Sheet B2 of Schedule "A", as amended, shall be subject to the additional lot frontage, yard and minimum floor area requirements and the landscaped open space requirement of at least 40% of the area of each lot contained in By-law No. 89-280. The land on the east side of Kalar Road designated RIA and numbered 233 on Sheet B3 of Schedule "A", as amended, shall be subject to the additional lot frontage, yard and minimum floor area requirements and the landscaped open space requirement of at least 40% of the area of each lot contained in By-law No. 89-280. None of the provisions of clauses (c) and (h) of section 8.1.2 or of clause (d) of section 4.27.1 shall apply so as to prevent the erection or use on the land on the southerly side of Thorold Stone Road, being part of Township Lot No. 78 of the former Township of Stamford designated NC and numbered 234 on Sheet C3 of Schedule "A" of any building or structure for the purpose of one or more of the uses enumerated in clauses (a),(b),(c),(e),(f),(h) and (i) of section 8.1.1 and the one restaurant in existence on the said land on the date of the passing of By-law No. 89-288, subject to compliance with By-law No. 89-288. Notwithstanding clause c of Section 7.7.2, no person shall erect or use any dwelling having a front yard depth of less than 5.5 metres on the land designated R2 and numbered 235 on Sheets C6 and D6 of Schedule "A", as amended, all in compliance with By-law No. 90-166. (a) The extension, the extent hereinafter prescribed, of the land shown hatched and numbered 236 on Sheet D4 of Schedule "A", as amended, and the use thereof for the purpose of a general contractor's office and storage for an aluminum siding business is hereby permitted, subject to the provisions of By-law No. 89-258. 173 89-258 19.1.237 (b) The land to be used for the purpose aforesaid shall not be extended beyond the limits of the land shown hatched and numbered 236 and 237 on said Sheet B4 of Schedule "A", as amended. No building or structure shall be erected on the land shown hatched and numbered 237 on said Sheet D4 of Schedule "A", as amended, and the said land shall not be used for any purpose other than a surface parking area, landscaped open space and placing of one metal refuse bin. 89-255 19.1.238 Repealed by By-law No. 2008-54. 92-285 90-23 19.1.239 90-81 The provisions of clause (g) of section 8.6.2 shall not apply to prevent the erection or use on the land on the southwest corner of Stanley Avenue and Dunn Street designated TC and numbered 239 on Sheet D5 of Schedule "A", as amended, of a hotel 13 storeys in height subject to compliance with By-law No. 90-23. 19.1.240 Repealed by By-law No. 2011-21. 19.1.242 Repealed by By-law No. 95-260. 19.1.243 Repealed by By-law No. 95-260. 19.1.244 Repealed by By-law No. 95-260. 19.1.245 Repealed by By-law No. 95-146. 19.1.246 Repealed by By-law No. 94-116. 89-318 19.1.247 Notwithstanding the P designation or any of the provisions of Section 17.1, no person shall use the land being part of Lots 15 and 16 according to the Major Leonard Plan in the former Township of Stamford, now in the City of Niagara Falls, now known as Plan 2, located on the west side of Leonard Avenue, designated P and numbered 247 on Sheet C4 of Schedule "A", as amended, for any purpose except a parking lot consisting only of a surface parking area 174 90-67 19.1.248 90-44 19.1.249 90-82 19.1.250 90-93 19.1.251 and subject to compliance with By-law No. 89-318. None of the provisions of section 8.1.1 or of clauses a, b, d, e, f and h of section 8.1.2 shall apply to prevent the use of the land designated NC and numbered 248 on Sheet B5 of Schedule "A", as amended, for the purpose of a convenience store, subject to compliance with the provisions of By-law No. 90-67. None of the provisions of section 11.2.1 shall apply to prevent the land on the northwest corner of Kister Road and Don Murie Street, designated LI and numbered 249 on Sheets C6 and C7 of Schedule "A", as amended, to be used for one or more of the uses set out in By-law No. 90-44 and except in compliance with the regulations set out in said By-law No. 90-44. No person shall use the land on the north side of Ferguson Street designated P and numbered 250 on Sheet D3 of Schedule "A", as amended, or erect or use any building or structure thereon except in compliance with By-law No. 90-82. The provisions of clause (g) of section 8.6.2 shall not apply to prevent the erection or use on the land on the southwest corner of Emery Street and Stanley Avenue designated TC and numbered 251 on Sheet D4 of Schedule "A", as amended, of a hotel 8 storeys in height, subject to compliance with By-law No. 90-93. 91-251 19.1.252 Repealed by By-law No. 91-251. 93-29 19.1.253 None of the provisions of section 8.5.1 shall apply to prevent the use of the land on the westerly side of Buckley Avenue, designated CB and numbered 253 on Sheet D3 of Schedule "A", as amended, or the erection or use of any buildings or structures thereon for either or both a used car lot and automotive car care centre, except in compliance with By-law No. 93-29. 90-31 19.1.254 No person shall use the land on the south side of Lundy's Lane designated I and numbered 254 on Sheet B4 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except for the purpose of a senior citizens' residence as defined in By-law No. 90-31, subject to compliance with such by-law. 175 90-152 19.1.255 95-81 90-296 19.1.256 90-126 19.1.257 Notwithstanding sections 8.4.1 or 8.4.2, no person shall use the land on the east side of Montrose Road designated as SC and numbered 255 on Sheet B3 of Schedule "A", as amended, except in compliance with By-law No. 90-152, as amended by By-law No. 95-81. The provisions of clause (g) of Section 8.6.2 shall not apply to prevent the erection or use on the land on the southwest corner of Niagara River Parkway and Rapids View Drive, designated TC and numbered 256 on Sheet E6 of Schedule "A", as amended, one building having a height of more than 12 metres for the purposes of a hotel, subject to compliance with By-law No. 90- 296. None of the provisions of subclause ii of clause e of section 7.8.2 or of clause a of section 4.19.1 shall apply to prevent the erection or use on the land on the southwesterly side of Epworth Circle designated R3 and numbered 257 on Sheet D4 of Schedule "A",as amended, or an on -street townhouse dwelling having an interior side yard depth of less than 3 metres or to require the owner of such on -street townhouse dwelling to provide and maintain more than one individual parking space per dwelling unit, subject to compliance with By-law No. 90-126. 19.1.258 Repealed by By-law No. 95-175 90-179 19.1.259 None of the provisions of clauses (a), (b), (c), (d), (e), (f) and (g) of section 7.12.1 shall apply to prevent the erection or use on the land on the west side of Montrose Road designated R5C and numbered 259 on Sheet B4 of Schedule "A", as amended, of one 140 unit six storey apartment building, subject to compliance with By-law No. 90-179. 90-211 19.1.260 90-136 19.1.261 None of the provisions of sections 9.1 or 9.2 shall apply to prevent the use of the land on the north side of Biamonte Parkway designated 1 and numbered 260 on Sheet C4 of Schedule "A" to By-law No. 79-200, as amended, to be used for the purpose of a single family dwelling, subject to compliance with By-law No. 90-211. Notwithstanding clauses (d) and (i) of section 7.2.2, no person shall erect or use any dwelling having a floor area of less than 139 square metres on the land designated R1 B and numbered 261 on Sheet C2 of Schedule "A", as amended, 176 and no such dwelling shall be erected closer to the most westerly boundary of the said land than 12 metres and a close board type fence shall be erected and maintained along the whole of the said most westerly boundary, all in compliance with By-law No. 90-136. 90-167 19.1.262 Repealed by By-law No. 98-181. 90-289 19.1.263 Notwithstanding the P designation or any of the provisions of section 17.1, no person shall use the land for any purpose except for a parking lot consisting only of a surface, providing not less than 35 parking spaces to be used by the hotel located on the land designated TC and numbered 180 on Sheet B4 of Schedule "A", as amended, except in compliance with By-law No. 90-289. 91-319 19.1.264 90-303 19.1.265 90-216 19.1.266 90-278 19.1.267 None of the provisions of clause (b) of section 5 or subclause (iv) of clause (b) of section 7.7.2 shall apply so as to prevent the use of the existing building erected on the land designated R2 and numbered 264 on Sheet C3 of Schedule "A", as amended, or to prevent the erection and use of an addition to the said building for the purpose of a two-family dwelling, subject to compliance with By-law No. 91-319. For the purpose of this by-law, the land on the west side of St. Paul Avenue, being part of Township Lot 36, former Township of Stamford, now in the City of Niagara Falls, shown hatched and designated RIC and numbered 265 on Sheet C2 of Schedule "A", as amended, any lot having a lot line abutting the north and east boundary between the points marked (a), (b) and (c) shall be deemed to be the rear lot line of said lot. None of the provisions of section 11.2.1 shall apply to prevent the erection or use on the land designated LI and numbered 266 on Sheet B3 of Schedule "A", as amended, of a restaurant providing that the number of seats for patrons shall not exceed 40 and subject to compliance with By-law No. 90-216. None of the provisions of section 12.2 shall apply to prevent the erection or use of a single family dwelling on the land on the west side of Kalar Road, designated A and numbered 267 on Sheet B4 of Schedule "A" to By-law 79-200, as amended, subject to compliance with By-law No. 90-278. 177 90-222 19.1.268 None of the provisions of sections 7.9.1 or 7.9.2 shall apply so as to prevent the erection or use of the land on the northerly side of McLeod Road designated R4 and numbered 268 on Sheet B5 of Schedule "A", as amended, of group dwellings for senior citizens having a height of one of the group dwellings greater than 10 metres and having a lesser number of parking spaces than prescribed in clause (1) of section 4.19.1 or the use of a part of one of such group dwellings for a local convenience commercial store, or the use of a part of one of such group dwellings for a day nursery, subject to compliance with By-law No. 90-222. 95-176 19.1.269 Repealed by By-law No. 2001-85. 2007-120 19.1.270 90-220 19.1.271 90-215 19.1.272 90-217 19.1.273 95-238 Notwithstanding the provisions of clauses (c), (d), (e), (f) and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the southwest corner of Thorold Stone Road and Dorchester Road, designated NC and numbered 270 on Sheet C3 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2007-119. Notwithstanding the R4 designation of anything contained in section 7.9.1 and 7.9.2, no person shall use the land located on the west side of Dorchester Road designated R4 and numbered 271 on Sheet C3 of Schedule "A", as amended, so as to prevent the erection or use of any building or structure for any purpose except for a townhouse dwelling containing not more than 8 dwelling units and not more than 15 dwelling units in the total aggregate, subject to lot frontage, yard and boundary requirements Notwithstanding clauses (c) or (f) of section 8.6.2 or of section 4.15, nothing shall apply to prevent the erection or use on the land on the north corner of Centre Street and Victoria Avenue, designated TC and numbered 272 on Sheet D4 of Schedule "A", as amended, except in compliance with By-law No. 90-215. Notwithstanding the R4 designation or anything contained in sections 7.9.1, 7.9.2 and 7.9.3, no person shall use the land lying east of Montrose Road designated R4 and numbered 273 on Sheets B2 and B3 of Schedule "A", as amended for any purpose except for townhouse dwellings or apartment dwelling, subject to the additional yard and additional landscaped open space requirement of at least 50% of the area of the said land contained in By-law No. 90-217; amended by By-law 95-238. 178 19.1.274 Repealed by By-law No. 91-69. 90-276 19.1.275 None of the provisions of section 8.5.1 shall apply to prevent the use of the land on the northwest corner of Zimmerman Avenue and Huron Street, designated CB and numbered 275 on Sheets B3 of Schedule "A", as amended, or the conversion or use of an existing building thereon for the purpose of providing six rooms for tourist accommodation, subject to compliance with section 8.5.2. 19.1.276 Refer to By-law No. 2010-102. 91-270 19.1.277 The provisions of clause (g) of section 8.2.2 shall not apply to prevent the erection or use on the land on the south side of Ferry Street, designated GC and numbered 277 on Sheet C4 of Schedule "A", as amended, of a hotel 10 storeys in height, subject to compliance with By-law No. 91-270. 92-123 19.1.278 Repealed by By-law No. 2010-03. 90-314 19.1.279 None of the provisions of section 7.7.1 or of section 7.8.2 shall apply to prevent the use of the land on the north side of Jepson Street designated R2 and numbered 279 on Sheet D4 of Schedule "A", as amended, or the alteration and use of the existing building thereon for the purpose of a dwelling containing not more than 3 dwelling units, subject to compliance with By-law No. 90-314. 91-68 19.1.280 95-50 19.1.281 Notwithstanding clause (c) of section 7.7.2, no person shall erect or use any dwelling having a front yard depth of less than 5.5 metres on the land designated R2 and numbered 280 on Sheet B5 of Schedule "A", as amended, except in compliance with By-law 91-68. None of the provisions of section 11.3.1 shall apply to prevent the use of the land on the southeasterly corner of Kalar Road and Beaverdams Road, designated GI and numbered 281 on Sheet B4 of Schedule "A", as amended, or the use of an existing building thereon to be used fora transportation centre for the purpose of dispatching and servicing taxis, limousines and tow trucks and a vehicular compound yard. 91-66 19.1.283 None of the provisions of clauses (d), (e), (h) and (m) of section 7.11.2 shall apply so as to prevent the erection or use on the land designated R5B and 179 91-69 19.1.284 numbered 283 on Sheet C3 of Schedule "A", as amended, of a thirty-six unit apartment building, except in compliance with By-law No. 91-66. The land on the easterly side of Montrose Road designated R2 and numbered 284 on Sheets B2 and B3 of Schedule "A", as amended, shall be subject to the additional front yard, side yard and exterior side yard requirements, minimum floor area requirements, attached garage requirements, lesser maximum lot coverage and the additional requirements of providing a minimum landscaped open space requirement of at least 50% of the area of each lot contained in By- law 91-69. 91-111 19.1.285 Replaced by By-law No. 2007-248. 91-294 19.1.286 Notwithstanding the R5C designation, no person shall use the land designated R5C and numbered 286 on Sheet B5 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except for one apartment building having a total aggregate of not more than 120 dwelling units or two apartment dwellings each providing for not more than 60 dwelling units, except in compliance with By-law No. 91-294. 91-294 19.1.287 91-149 19.1.288 92-07 19.1.289 Notwithstanding the R4 designation, no person shall use the land designated R4 and numbered 287 on Sheet B5 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except for townhouse dwellings having a total aggregate of not more than 36 townhouse dwelling units, except in compliance with By-law 91-294. None of the provisions of sections 4.13 and 2.3 and clause (d) of section 8.7.2 shall apply so as to prevent unserviced cabins from being placed on the lands designated CE and numbered 288 on Sheet B7 for schedule "A", as amended, except in compliance with By-law No. 91-149. Notwithstanding the R4 designation or any of the provisions of section 7.9.2, no person shall use the land lying on the east corner of Main Street and Lamont Avenue, being part of Lot 23, Concessions 1 and 2 and part of the original unopened road allowance between Concessions 1 and 2 and part of Lot 289, Plan 252, all in the former Village of Chippawa, now in the City of Niagara Falls, designated R4 and numbered 289 on Sheet E6 of Schedule "A", as amended, 180 91-186 19.1.290 91-127 19.1.291 for any purpose except for townhouse dwellings not more than 1 1/2 storeys in height, containing in the aggregate 25 dwelling units, except in compliance with By-law No. 92-07. None of the provisions of sections 2.3 and 4.13 and clause (d) of section 8.7.2 shall apply so as to prevent unserviced cabins from being placed on the lands designated CE and numbered 290 on Sheet B4 of Schedule "A", as amended, except in compliance with By-law No. 91-186. None of the provisions of subclause (iii) and clause (b) of section 7.7.2 shall apply so as to prevent the erection or use on the land designated R2 and numbered 291 on Sheet C5 of Schedule "A", as amended, of a semi-detached dwelling, except in compliance with By-law No. 91-127. 91-128 19.1.292 (a) The extension of the amusement use to include the use and construction of a miniature golf course on the land designated LI and numbered 292 on Sheet B5 of Schedule "A", as amended, subject to the provisions of By-law No. 91-128. 19.1.293 91-130 19.1.294 (b) The land to be used for the purpose of the said amusement use of a go- kart track and mini -golf course and surface parking area and landscaped open space shall not be extended beyond the limits of the land shown hatched and numbered 292 and 293 and designated LI on the said Sheet B5 of Schedule "A", as amended. No building or structure shall be erected on the land shown hatched and numbered 293 on said Sheet B5 of Schedule "A", as amended, and the said land shall be used only for the purpose of a surface parking area and landscaped open space in conjunction with the use referred to in section19.1.292. None of the provisions of sections 7.12.1, 7.12.2,19.1.259 or 2.17.7 shall apply to prevent the erection or use on the land on the west side of Montrose Road and numbered 294 and on the north side of Preakness Street designated R5C and numbered 259 on Sheet B4 of Schedule "A", as amended, of not more than 60 townhouse dwelling units, of which 8 dwelling units may be constructed in the form of on -street townhouse dwellings and 4 of which may be constructed in the form of duplex townhouse dwellings, subject to compliance 181 91-148 19.1.295 with By-law No. 91-130 None of the provisions of sections 8.7.1 or 2.42 shall apply to prevent the use of the land on the southwest corner of Thorold Stone Road and Carroll Avenue designated GC and numbered 295 on Sheet C3 of Schedule "A", as amended, from using part of an existing building therefor for the purpose of a billiard or pool room having a total floor area of not more than 248 square metres, except in compliance with By-law No. 91-148. 19.1.297 Repealed by By-law No. 95-53. 92-31 19.1.299 None of the provisions of clauses (a), (b), (c), and (h) of section 7.11.2 shall apply to prevent the erection or use on the land on the northwest corner of McLeod Road and Alex Avenue designated R5B and numbered 299 on Sheet C5 of Schedule "A", as amended, of one 18 unit apartment dwelling, except in compliance with By-law No. 92-31. 90-308 19.1.300 92-02 19.1.301 Notwithstanding the R5A designation or the provisions of section 7.10.2, no person shall use the land on the easterly side of Pettit Avenue designated R5A and numbered 300 on Sheet C3 of Schedule "A", as amended, for any purpose except one apartment dwelling containing not more than 69 dwelling units, subject to compliance with By-law No. 90-308. Notwithstanding the I designation or use of the provisions of section 9.1, no person shall use the land, on the west side of Montrose Road designated I and numbered 301 on Sheet B5 of Schedule "A", as amended, and none of the provisions of clauses (a), (d), (e), (f), (g), (h) and (i) of section 9.2 shall apply to prevent the erection or use on the land of one building for the purpose of a place of worship, except in compliance with By-law No. 92-02. 19.1.303 Repealed by By-law No. 98-122. 92-21 19.1.304 Sheets A2 and A3 of Schedule "A", to By-law 79-200, as amended, are 92-289 amended by rezoning lands from Agricultural (A) and Hazard Land (HL) to Extractive Industrial and numbering 304 (EI -304) and Hazard Land (HL), the land being Part Lots 49 and 50 and Lot 66, former Township of Stamford, now the City of Niagara Falls, as contained in By-law 92.21 and By-law 92-289. 182 91-274 19.1.305 None of the provisions of section 12.3 shall apply to prevent the erection or use of the land on the west side of Beechwood Road designated "A" and numbered 305 on Sheet A4 of Schedule "A", as amended, for a purpose as set out in section 12.1 except in compliance with By-law No. 91-274. 19.1.306 Repealed by By-law No. 93-239. 92-41 19.1.307 Notwithstanding the R5D designation or anything contained in section 7.13.2, no person shall use the land on the east side of Valley Way designated R5D and numbered 307 on Sheet D3 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except for one apartment dwelling not more than 3 storeys in height and having a total of not more than 20 dwelling units, except in compliance with By-law No. 92-41 95-209 19.1.308 95-209 19.1.309 92-25 19.1.310 92-79 19.1.311 Notwithstanding clause (g) of section 7.5.2, no person shall use the land on the easterly side of Montrose Road designated R1 E and numbered 308 on Sheet B2 of Schedule "A", as amended, for any purpose except single family dwellings in accordance with the additional lot coverage requirements and the landscaped open space requirement of at least 50% of the area of each lot as contained in By-law No. 95-209. Notwithstanding the R4 designation or anything contained in sections 7.9.1, 7.9.2 and 7.9.3, no person shall use the land on the easterly side of Montrose Road designated R4 and numbered 309 on Sheet B2 of Schedule "A", as amended, for any purpose except townhouse dwellings or apartment dwellings, subject to the additional front yard requirement and additional landscaped open space requirement of at least 50% of the lot area as contained in By-law No. 95-209. None of the provisions of sections 8.2.1 or 2.42 shall apply to prevent the use of the land on the northeast corner of Lundy's Lane and Kalar Road designated GC and numbered 310 on Sheet B4 of Schedule "A", as amended, from using part of an existing building therefor for the purpose of a billiard or pool room, as set out in By-law No. 92-25 Notwithstanding clause (c) of section 7.7.2, no person shall erect or use any dwelling having a front yard depth of less than 5.5 metres on the land designated R2 and numbered 311 on Sheet B4 of Schedule "A", as amended, 183 92-149 19.1.312 92-80 19.1.313 94-120 19.1.314 2015-124 except in compliance with By-law No. 92-79 None of the provisions of section 11.3.1 shall apply to prevent the land on the south side of Oldfield Road, west side of Drummond Road (closed), except for such parts thereof required for road widening, designated GI and numbered 312 on Sheet C6 of Schedule "A", as amended, to be used for the purpose of a Distribution Centre for the storage, blending and distribution of sulphuric acid and oleum, except in compliance with By-law No. 92-149. None of the provisions of sections 8.2.1 or 2.42 shall apply to prevent the use of the land on the east side of Portage Road designated GC and numbered 313 on Sheet C3 of Schedule "A", as amended, from using part of an existing building therefor for the purpose of a billiard or pool room, refer for By-law No. 92-80. Repealed by By-law No. 2015-124. 93-84 19.1.316 Repealed by By-law 93-84. 92-160 19.1.317 None of the provisions of clause c(i) of section 8.5.2 shall apply to prevent the use of an existing building on the land, shown hatched and designated CB and numbered 317 on Sheet D3, Schedule "A", having a rear yard of less than 10 metres from being used for residential purposes by converting the second floor of the existing building into dwelling units, subject to compliance with By-law No. 92-160. 92-134 19.1.318 2007-120 92-158 19.1.320 Notwithstanding section 17.1, no person shall use the land on the south side of Thorold Stone Road being part of Township Lot 79 of the former Township of Stamford, now in the City of Niagara Falls, designated P and numbered 318 on Sheet C3 of Schedule "A", as amended, for any purpose except a parking lot, consisting of a surface parking area to be used in conjunction with the land shown hatched and designated NC and numbered 270 on plan Schedule 1 to By-law No. 2007-120, except in compliance with By-law No. 92-134. Notwithstanding clause (c) of section 7.7.2, no person shall erect or use any dwelling having a front yard depth of less than 6 metres on the land designated R2 and numbered 320 on Sheet B3 of Schedule "A", as amended, 184 92-175 19.1.321 except in compliance with By-law No. 92-158. None of the provisions of section 11.1.1 shall apply to prevent the land being the south half of Lot 2 according to Registered Plan 144, designated PI and numbered 321 on Sheet B6 of Schedule "A", as amended, to be used for one or more of the uses as set out in section 2 of this by-law except in compliance with By-law No. 92-175. 92-238 19.1.322 Repealed by By-law No. 2006-202. 93-96 19.1.323 Repealed by By-law No. 2006-18. 92-240 19.1.324 Repealed by By-law No. 2016-78. 19.1.325 Repealed by By-law No. 95-53 92-228 19.1.326 Notwithstanding clauses (g) and (i) of section 7.4.2, the maximum lot coverage for each lot shall be 35% and the minimum floor area for each dwelling shall be 185 square metres and, in addition, landscaped open space shall be provided and maintained on each lot to the extent of at least 40% of the area of each such lot on the land, being part of Township Lot 70, designated as RID and numbered 326 on Sheet B3 of Schedule "A", as amended, subject to compliance with By-law No. 92-228. 93-37 19.1.327 2003-36 96-56 19.1.328 96-56 19.1.329 Repealed by By-law No. 2003-36. Notwithstanding clause (c) of section 7.3.2, no person shall use the land or erect or use any building or structure on the land on the west side of Sodom Road and the south side of Lyon's Creek Road designated RIC and numbered 328 on Sheet D7 of Schedule "A", as amended, having a front yard depth of less than 10 metres, except in compliance with By-law No. 92-262; as amended by By-law 96-56. Notwithstanding the provisions of clauses (b) and (c) of section 7.9.1 or anything contained in section 7.9.2, no person shall use the land on the west side of Sodom Road and the south side of Lyon's Creek Road designated R4 and numbered 329 on Sheet D7 of Schedule "A", as amended, or erect or use any 185 building or structure thereon for any purpose except townhouse dwellings, not more than one storey in height and containing, in the aggregate, not more than 16 dwelling units on the whole of the lands, subject to the front yard and interior side yard requirements, except in compliance with By-law No. 92-262; as amended by By-law 96-56 19.1.330 Refer to By-law No. 92-237. 92-288 19.1.331 Repealed by by-law No. 2007-62. 93-39 19.1.332 Notwithstanding clause (c) of section 7.5.2 or clause (c) of section 7.7.2, no person shall erect or use any dwelling on the land on the east side of Montrose Road having a minimum front yard depth of less than 6 metres for each lot on the land designated R1 E and numbered 332 and R2 and numbered 332 on Sheets B4 and B5 of Schedule "A", as amended, except in compliance with By- law No. 93-39. 93-61 19.1.333 93-56 19.1.334 94-115 93-92 19.1.335 None of the provisions of clauses (a), (c), (I) and (m) of section 7.12.2 shall apply to prevent the existing building on the land on the south side of Perkins Street, being part of Township Lot 90, designated R5C and numbered 333 on Sheet C3 of Schedule "A", as amended, from being used for the purpose of an apartment dwelling, except in compliance with By-law No. 93-61. None of the provisions of section 11.1.1 shall apply to prevent the land being part of Township Lot 107 on the south side of Morrison Street, designated PI and numbered 334 on Sheet C3 of Schedule "A", as amended, or erection or use of any building or structure from being used for one or more of the uses as set out in paragraph 2 of this by-law except in compliance with By-law No. 93- 56 or the erection or use of any building or structure from being used for one or more of the uses as set out in paragraph 2 of and in compliance with By-law 94-115. Notwithstanding the NC designation, no person shall use the land designated NC and numbered 335 on Sheet C3 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except a retail store provided the said retail store is not used for the purposes of a convenience/variety store and for the purpose of dwelling units provided there are not more than 2 dwelling units contained therein, except in compliance with 186 By-law No. 93-92. 93-154 19.1.336 See By-law No. 2003-180. 93-141 19.1.337 None of the provisions of section 11.1.1 or clause (b)(i) of section 11.6.3 shall 94-256 apply to prevent the land on the east side of St. Paul Avenue, designated El and numbered 337 on Sheets C1 and C2 of Schedule "A", as amended, from being used for the purpose of a golf driving range, a golf course, or both without accessory buildings having a gross floor area of not more than 840 square metres provided that such accessory buildings will be removed when the closure of the said golf driving range and golf course use takes place, and subject to compliance with By-law No. 93-141, as amended by By-law No. 94- 256. 93-182 19.1.339 Repealed by By-law No. 2000-230. 93-168 19.1.340 Notwithstanding the R5A designation, no person shall use the land designated R5A and numbered 340 on Sheet C5 of Schedule "A", as amended, or erect or use any building or structure on the said land for any purpose except for the purpose of an apartment dwelling which shall not exceed 3 storeys and not more than 14 metres in height and having a total aggregate of not more than 60 dwelling units, except in compliance with By-law No. 93-168. 93-170 19.1.341 93-207 19.1.342 Notwithstanding the R5A designation, no person shall use the land designated R5A and numbered 341 on Sheet C5 of Schedule "A", as amended, or erect or use any building or structure on the said land for any purpose except an apartment dwelling which shall not exceed 4 storeys or 14 metres, whichever is lesser, in height and have a total aggregate of not more than 40 dwelling units, except in compliance with By-law No. 93-170. None of the provisions of sections 8.2.1 or 2.42 shall apply to prevent the use of the land on the east side of Willoughby Drive, approximately 39 metres south of Cattell Drive, designated GC and numbered 342 on Sheet E6 of Schedule "A", as amended, or part of an existing building thereon from being used for the purpose of a billiard hall or pool room and a do-it-yourself brewery, refer to By-law 93-207. 19.1.343 Repealed by By-law No. 2004-72. 187 93-260 2017-46 19.1.344 Repealed by By-law No. 2000-226. 19.1.345 None of the provisions of section 7.9.1 shall apply to prevent the existing building erected on the land on the southerly side of Dunn Street, designated as R4 and numbered 345 on Sheet C5 of Schedule "A", as amended, being used for the purpose of a rooming house or boarding house for the accommodation of not more than six (6) roomers, each provided with their own bedroom which shall be solely occupied by the roomer, and not less than 6 individual parking spaces are to be provided and maintained, subject to compliance with By-law 93-260. 94-39 19.1.347 Expired 1996. 95-200 19.1.348 None of the provisions of clauses (a) and (f) of section 7.10.2 shall apply to prevent the use of the land on the southwest corner of Culp Street and Pinegrove Avenue, designated R5A and numbered 348 on Sheet C5 of Schedule "A", as amended, and the use of the existing building thereon from being used for the purpose of an apartment dwelling provided that the number of dwelling units in the existing apartment dwelling shall not exceed 9 units; and the exterior side yard width shall not be less than the distance as presently established by the existing building, except in compliance with By-law No. 95- 200. 95-200 19.1.349 None of the provisions of clause (b) of section 7.5.2 or section 5.3, shall apply to prevent the use of the land on the southwest corner of Culp Street and Pinegrove Avenue, designated R1 E and numbered 349 on Sheet C5 of Schedule "A", as amended, from being used for the purposes as permitted to do so in section 7.5.1 of By-law No. 79-200, as amended, except in compliance with By-law No. 95-200. 94-151 19.1.350 Repealed by By-law No. 2000-250. 94-151 19.1.351 Repealed by By-law No. 2000-250. 94-305 94-200 -2005-55 19.1.352 Repealed by By-law No. 2005-55. 188 94-116 19.1.353 94-116 19.1.354 94-129 19.1.355 2000-127 No person shall use the land, being part of Township Lot 46 of the former Township of Stamford, designated RIB and numbered 353 on Sheet B2 of Schedule "A" to By-law No. 79-200, as amended, or erect or use any building or structure thereon for any purpose except for the purpose of a residential single family building lot, subject to compliance with By-law No. 94-116. No person shall use the land, being part of Township Lots 46 and 53 of the former Township of Stamford, designated RIC and numbered 354 on Sheet B2 of Schedule "A" to By-law No. 79-200, as amended, or erect or use any building or structure thereon except for the purpose of a residential single family building lot, subject to compliance with By-law No. 94-116. None of the provisions of sections 8.6.1 or 2.2 shall apply to prevent the use of the land on the southwest corner of Dunn Street and Oakes Drive, designated TC and numbered 355 on D5 of Schedule "A", as amended, or an existing building thereon from being used for the purpose of permitting pinball and electronic game machines to be established and used as an accessory to one or more of the permitted uses described in section 8.6.1 and subject to compliance with By-law No. 2000-127. 19.1.356 Repealed by By-law No. 95-192 94-171 19.1.357 None of the provisions of section 7.7.1 or clause (e) of section 7.7.2 shall apply to prevent the use of the land on the northwest corner of River Road and Otter Street, designated R2 and numbered 357 on Sheet D4 of Schedule "A", as amended, or the conversion or use of an existing dwelling thereon or an addition to said dwelling from being used for the purpose of providing a total aggregate of not more than 8 rooms for tourist and providing an easterly side yard of not less than 0.79 metres, except in compliance with By-law No. 94-171. 94-185 19.1.358 Notwithstanding clauses (h), (f) and (c) of section 8.2.2, no person shall use the land designated GC and numbered 358 on Sheet C5 of Schedule "A", as amended, or erect or use any building or structure thereon having a total maximum floor area of not more than 1,395 square metres (15,000 square feet), providing for a minimum landscaped open space of not less than 13 percent of the lot area, the maximum lot coverage shall not exceed 21 percent of the lot area and the minimum rear yard depth shall be 10.6 metres, and subject to compliance with By-law No. 94-185. 189 19.1.359 Repealed by By-law No. 96-96. 94-212 19.1.360 Refer to By-law No. 94-212, as amended by By-law No. 2012-62. 94-292 19.1.361 None of the provisions of section 7.4.1 shall apply to prevent part of the existing dwelling on the land on the southeast corner of Graham Street (unopened) and Montrose Road, designated R1D and numbered 361 on Sheet B5 of Schedule "A", as amended, from being used for the purpose of preparation of food for catering and food take-out business provided, 94-264 19.1.362 95-140 19.1.364 (a) the food preparation and business is operated only in conjunction with the dwelling; (b) the basement or cellar of the existing dwelling is the only area to be used for the food preparation; (c) no additional asphalt area will be added or other area established or used in the front yard of the dwelling for the parking of vehicles, except in compliance with By-law No. 94-292. None of the provisions of clause (a) of section 4.19.1, clause (n) of section 9.1 and clauses (d), (e) and (j) of section 9.2 shall apply to prevent the erection or use of an addition on the westerly side of the Christian Education Wing of the existing church building closer to the southerly limit of the said land than 5 metres, or to prevent two existing single dwelling units to be located on the same lot as the principal use, or to provide and maintain a parking area on the land which shall contain less than 62 parking spaces and to recognize the exterior side yard as presently established by the two existing dwellings, on the land located on the southwest corner of McMicking Street and St. Paul Avenue, designated I and numbered 362 on Sheet C2 of Schedule "A", as amended, subject to compliance with By-law No. 94-264. Notwithstanding the GC designation, no person shall use the land designated GC and numbered 364 on Sheet B3 of Schedule "A", as amended, or erect or use any building or structure thereon having a total maximum floor area of more than 2,975 square metres, except in compliance with By-law No. 95-140. 95-53 19.1.365 Notwithstanding sections 11.2.1 and 11.2.2, no person shall use the land on the 190 98-186 2007-249 southeast corner of Montrose Road designated LI and numbered 365 on Sheet B3 of Schedule "A", as amended, for any purpose except one or more of the . uses permitted in and subject to compliance with By-law No. 95-53, except for such parts thereof as are required for road widenings. 19.1.366 Repealed by By-law No. 2010-135. 94-305 19.1.367 Repealed by By-law No. 99-259. 95-96 19.1.368 No person shall use the land on the southwest corner of Stanley Avenue and Lyon's Creek Road, designated RIA and numbered 368 on Sheet D7 of Schedule "A" to By-law No. 79-200, as amended, or erect or use any building or structure on the lands for any purpose except one single -detached dwelling with or without accessory buildings and subject to compliance with By-law No. 95-96. 95-96 19.1.369 No person shall use the land on the southwest corner of Stanley Avenue and Lyon's Creek Road, designated HL and numbered 369 on Sheet D7 of Schedule "A" to By-law No. 79-200, as amended, except in accordance with the requirements of the Niagara Peninsula Conservation Authority, the Ministry of Natural Resources and is subject to compliance with By-law No. 95-96. 19.1.370 Repealed by By-law No. 97-174 19.1.371 Repealed by By-law No. 97-174. 19.1.372 Repealed by By-law No. 97-174. 19.1.373 Repealed by By-law No. 97-174. 19.1.374 Repealed by By-law No. 97-174. 95-17 19.1.375 None of the provisions of section 11.2.1 or clause (g) of section 11.2.2 shall apply to prevent the use of the land on the west side of Stanley Avenue, south of Swayze Drive, designated LI and numbered 375 on Sheet C2 of Schedule "A", as amended, or part of an existing building thereon from being used for the purpose of an ornamental concrete products plant with a storage silo having a height of not more than 15 metres, except in compliance with By-law No. 95- 191 95-135 19.1.376 95-65 19.1.377 95-218 19.1.379 95-122 19,1.380 17. None of the provisions of section 8.1.1 shall apply to prevent the use of the land on the northeast corner of Prospect Street and Drummond Road, designated NC and numbered 376 on Sheet C4 of Schedule "A", as amended, or the erection of any building or structure thereon from being used for the purpose of a drive-through establishment provided that no menu or order boards are located closer to any street line than 18 metres; that the front yard depth of not less than 11.5 metres is provided, being the new street line as widened; landscaped open space shall be provided and maintained on the said lands to the extent of not less than 15% of the lot area after the dedication of any lands; and the minimum rear yard depth shall be 3 metres, subject to compliance with By-law No. 95-135. None of the provisions of section 8.6.1 shall apply to prevent a maximum of 465 square metres of the existing building on the land on the north side of Lundy's lane between Montrose Road and Beaverdams Road, designated TC and numbered 377 on Sheet B4 of Schedule "A", as amended, from being used for the purpose of retail stores, except in compliance with By-law 95-65. Notwithstanding the R4 designation, no person shall use the land designated R4 and numbered 379 on Sheet C4 of Schedule "A", as amended, or erect or use any building or structure therein for any purpose except for eight (8) townhouse dwellings having a total aggregate of not more than 35 dwelling units subject to compliance with By-law 95-218. None of the provisions of section 8.6.1 or19.1.75 shall apply to prevent a maximum of 46 square metres of the existing building on the land on the north side of Ferry Street between Ellen Avenue and McGrail Avenue, designated TC and numbered 380 on Sheet D4 of Schedule "A", as amended, from being used for the purpose of a tattoo studio, except in compliance with By-law No. 95-122. 95-116 19.1.381 Repealed by By-law No. 2016-95. 95-127 19.1.382 None of the provisions of section 12.1 shall apply to prevent the extension of a building for a place of worship and accessory uses on the land designated A and numbered 382 on Sheet B2 of Schedule "A", as amended, except in compliance with By-law No. 95-127 192 95-146 19.1.383 95-146 19.1.384 95-130 19.1,385 95-175 19.1.386 95-198 19.1.387 No person shall use the land, being part of Township Lots 46 and 53 for the former Township of Stamford, designated R1A and numbered 383 on Sheet B2 of Schedule "A" to By-law 79-200, as amended, or erect or use any building or structure thereon for any purpose except a residential single family 1A density zone building lot, subject to compliance with By-law No. 95-146. No person shall use the land, being part of Township Lots 46 and 53 for the former Township of Stamford, designated RIC and numbered 384 on Sheet B2 of Schedule "A" to By-law No. 79-200, as amended or erect or use any building or structure thereon for any purpose except a residential single family 1C density zone building lot, subject to compliance with By-law No. 95-146. Notwithstanding clause (f) of section 11.2.2, the minimum rear yard depth for the lands located on the south side of Canadian Drive, west of Montrose Road, designated LI and numbered 385 on Sheet B6 of Schedule "A", as amended, shall be 1.8 metres, subject to compliance with By-law No. 95-130. Notwithstanding subsection 2.31.5 of section 2 and clauses (c), (d), and (j) of section 7.7.2, the land on the southwest corner of Jepson Street and Rice Crescent designated R2 and numbered 386 on Sheet D4 of Section "A", as amended, shall be subject to the following conditions: (a) the frontage of the land shall be deemed to be on Rice Crescent, (b) a maximum of two semi-detached dwellings are permitted to be constructed on the whole of the land except for any land which may be dedicated for road widening, (c) the minimum front yard depth shall be 5.18 metres, (d) the minimum rear yard depth shall be 6.71 metres, (e) no driveway will be permitted from Jepson Street, and subject to compliance with By-law No. 95-175. None of the provisions of section 9.2 shall apply to prevent the land located on the southeast corner of Sodom Road and Main Street, designated I and numbered 387 on Sheet D6 of Schedule "A", as amended, or the use of the existing building thereon from being used for the purpose of a place of worship and accessory uses, except in compliance with By-law No. 95-198. 95-192 19.1.388 None of the provisions of section 8.1.2 shall apply to prevent the use of the land located on the northeast corner of Thorold Stone Road and Dorchester Road, 193 2007-248 19.1.389 95-238 19.1.390 designated NC and numbered 388 on Sheet C3 of Schedule "A', as amended, or the use of the existing building and structure from being used for the purpose of one or more of the following uses: a garden centre which permits the selling of fruits and vegetables, a car rental establishment, a truck rental establishment, a public garage mechanical and a used car lot, except in compliance with By-law No. 95-192. Notwithstanding the provisions of section 7.9.1, clauses (a), (b), (c), (e), (g) and (m) of section 7.9.2 and subclause (iii) of clause (c) of section 7.9.3 of By-law No. 79-200, no person shall use the land on the east side of St. Paul Avenue, opposite Moretta Drive, designated R4 and numbered 389 on Sheet C2 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of townhouse dwellings and accessory buildings and structures, and except in compliance with By-law No. 2007-248. Notwithstanding the R1 E designation or anything contained in section 7.5.2, no person shall use the land on the east side of Monastery Drive designated R1 E and numbered 390 on Sheets B2 and B3 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except for single - detached dwellings and subject to compliance with By-law No. 95-238. 95-260 19.1.391 Repealed by By-law No. 2003-37. 95-270 19.1.392 Notwithstanding the provisions of section 11.1.1, or clauses (a) and (b) of section 11.1.2 no person shall use the lands, being part of Township Lot 77 on the south side of Fraser Street designated PI and numbered 392 on Sheet C3 of Schedule "A", as amended, except for those uses and regulations as provided and in accordance with By-law No. 95-270. 2002-144 19,1.393 Temporary use by-law no longer in effect as of August 12, 2005. 98-244 19.1.395 Repealed by By-law No. 98-244. 96-028 19.1,396 Repealed by By-law No. 2008-88. 96-056 19.1.397 Notwithstanding the provisions of clause (f) of section 8.1.2, no person shall use the land on the southwest corner of Sodom Road and the south side of Lyon's Creek Road designated NC and numbered 397 on Sheets D6 and D7 of 194 96-107 19.1.398 96-093 19.1.400 Schedule "A", as amended, or erect or use any building or structure thereon having a total maximum floor area of not more than 929 sq.m., except in compliance with By-law No. 96-56 No person shall use the land designated GC and numbered 398 on Sheet C3 of Schedule "A", as amended, or erect or use any buildings or structures thereon having a maximum gross leasable floor area of not more than 2,560 square metres of which not more than 2,045 square metres shall be used for the purpose of retail stores, all in compliance with By-law 96-107. None of the provisions of section 8.2.1 shall apply to prevent the use of the land on the southeast corner of Lundy's Lane and Drummond Road, designated GC and numbered 400 on Sheet C4 of Schedule "A", as amended for the purpose of a gas bar or the erection or use of any buildings or structures thereon, subject to compliance with By-law 96-93. 98-39 19.1.401 Repealed by By-law No. 98-39. 96-096 19.1.402 None of the provisions of Section 11.1.1 of By-law No. 79-200 shall apply to prevent the land being part of Township Lot 107 on the south side of Morrison Street, designated PI and numbered 402 on Sheet C3 of Schedule "A", as amended, or erection or use of any building or structure from being used for one or more of the uses as set out in paragraph 2 of this by-law except in compliance with By-law No. 96-96. 97-235 19.1.403 96-122 19.1.404 Notwithstanding subsections 7.9.2 (a), (b) and (h) or section 7.9.3 of By-law No. 79-200, as amended, no person shall use the land located on the east side of Drummond Road north of Barker Street designated R4 and numbered 403 on Sheet C4 of Schedule "A", as amended, for any purpose except for not more than 2 dwelling(s), not more than 2 storeys or 8 metres in height and containing in the aggregate of not more than 8 dwelling units subject to compliance with By-law No. 97-235 Notwithstanding the TC designation or anything contained in section 8.6.1, no person shall use the land and building on the north side of Lewis Avenue designated TC and numbered 404 on Sheet D4 of Schedule "A", as amended, except for a 290 seat restaurant and an accessory souvenir store and subject to compliance with By-law 96-122. 195 96-144 19.1.405 96-197 19.1.406 None of the provisions of clauses (b), (e) and (h) of section 7.11.2 shall apply to prevent the existing building on the land on the north side of McLeod Road, being Lot 24 on Plan 67, designated R5B and numbered 405 on Sheet C5 of Schedule "A", as amended, from being used for the purpose of an apartment building having an aggregate of not more than 8 dwelling units, except in compliance with By-law No. 96-144. None of the provisions of section 7.7.1 and clause (k) of section 7.7.2 shall apply to prevent 53 sq.m. of the existing dwelling on the land on the southeast corner of Main Street and Greenwood Street, designated R2 and numbered 406 on Sheet D6 of Schedule "A", as amended, from being used for the purpose of a technical office, a personal service shop, a photographer's studio, an art gallery/studio, a craft and hobby store or for the selling of used clothing, except in compliance with By-law No. 96-197. 96-242 19.1.407 No person shall use or erect any building or structure on the land located on Repealed by the north side of Willick Road and east side of Ort Road, designated R3(H) and 2006-205 numbered 407 on Sheet D7 of Schedule "A" of By-law No. 79-200, except in accordance and in compliance with By-law No. 96-242. 96-242 19.1.408 Repealed by 2006-205 96-242 19.1.409 97-50 19.1.410 Repealed by By-law No. 2006-205. Notwithstanding the OS designation or the provisions of section 14.1 and 14.2 of By-law 79-200, as amended, no person shall use the land designated OS and numbered 409 on Sheet D7 for any purpose except for a passive park, and no person shall permit soil, sand, gravel, rubbish or other fill material to be placed or dumped or remove any soil or regrade any of the lands; or permit the construction of any buildings or structures on the lands except as otherwise approved and permitted by the Corporation of the City of Niagara Falls all in accordance and in compliance with By-law No. 96-242. None of the provisions of section 7.10.1 shall apply to prevent the use of the land on the southwest corner of Portage Road and Prospect Street, designated R5A and numbered 410 on Sheet C4 of Schedule "A", as amended, or use of the existing two storey dwelling and a 26 square metre building addition for the purpose of a medical office for one practitioner and one dwelling unit, 196 96-214 19.1.411 97-30 19.1.412 97-51 19.1.413 subject to compliance with By-law No. 97-50 Notwithstanding clause (i) of section 7.4.2, the minimum floor area of any dwelling erected on the lands designated RI D and numbered 411 on Sheet B3 Schedule "A", shall not be less than 100 sq.m. and in addition, each dwelling shall provide an attached garage and subject to compliance with By-law 96-214. None of the provisions of sections 7.3.1 and 7.9.1 shall apply to prevent the use of the lands on the east side of Ailanthus Avenue, being Lot 20, according to Registered Plan 68 designated RIC and numbered 412 on Sheet C5 of Schedule "A", as amended and the lands on the south side of Dunn Street, being Part of J.B. Robinson Lot and part of Block No. 39, according to Plan No. 1 designated R4 and numbered 412 on Sheet C5 of Schedule "A", as amended, for the purpose of a parking area in conjunction with an assembly hall or a private club on the lands on the south side of Dunn Street, being Lot 21 and part of Lot 22, according to Registered Plan 68, designated GC and numbered 412 on Sheet C5 of Schedule "A", as amended, except in compliance with By- law No. 97-30. Notwithstanding the R4 designation no person shall use the land on the east side of Mewburn Road designated R4 and numbered 413 on Sheet B2 of Schedule "A", as amended, or erect or use any building or structure thereon except for townhouse dwellings having a total aggregate of not more than 25 dwelling units, subject to compliance with By-law 97-51 97-63 19.1.414 None of the provisions of clause (g) of section 8.6.2 shall apply to prevent the land on the southwest corner of River Road and Buttrey Street designated TC and numbered 414 on Sheet D3 of Schedule "A", as amended, from being used for the erection of a stupa structure having a building height of more than 12 metres, subject to compliance with By-law No. 97-63. 97-56 19.1.415 Rescinded by By-law No. 2000-153. 19.1.417 Repealed by By-law No. 2002-136. 97-119 19.1.418 None of the provisions of sections 7.8.1 or 7.8.2 shall apply to prevent the land on the west side of Main Street and on the north side of Barker Street, designated R3 and numbered 418 on Sheet C4 of Schedule "A", as amended, 197 97-100 19.1.419 2015-83 97-128 19.1.420 97-178 19.1.421 98-31 19.1.422 98-31 19.1.423 97-136 19.1.424 or the erection or use of a building to be used for the purpose of a dwelling providing for not more than three dwelling units, subject to compliance with By- law No. 97-119 Repealed by By-law No. 2015-83. None of the provisions of clause (h) of section 8.1.2 shall apply to prevent the land on the north side of Thorold Stone Road, designated NC and numbered 420 on Sheet C3 of Schedule "A", as amended, from being used for the purpose of a restaurant, subject to compliance with By-law No. 97-128. None of the provisions of section 7.7.1 shall apply to prevent the existing one family detached dwelling on the northwest corner of Robinson Street and Grey Avenue, designed R2 and numbered 421 on Sheet C4 of Schedule "A", as amended, from being used for the purpose of a tourist home containing not more than three (3) rooms for tourists, provided the external appearance of the dwelling is maintained as a residence and the parking requirements are provided for and maintained in accordance with section 4.19.1 and subject to compliance with By-law No. 97-178. No person shall use the land located on the north and south sides of Lyon's Parkway designated RIC and numbered 422 as shown on Sheet D7 of Schedule "A" to By-law No. 79-200, as amended, except in accordance with By- law No. 98-31. No person shall use the land located on the north side of Lyon's Parkway designated HL and numbered 423 as shown on Sheet D7 of Schedule "A" to By- law 79-200, as amended, except in accordance with By-law No. 98-31. None of the provisions of section 7.3.1 shall apply to prevent the existing one family detached dwelling on the northwest corner of Bridgewater Street and Main Street, designated RIC and numbered 424 on Sheet E6 of Schedule "A", as amended, from being used for the purpose of a tourist home providing for not more than three (3) rooms for tourists, provided that the external appearance of the dwelling is maintained as a residence and the parking spaces required for the rooms for tourists are accessible from Main Street. 198 99-126 19.1.425 97-165 19.1.426 97-174 19.1.427 97-174 19.1.428 97-174 19.1.429 97-174 19.1.430 97-174 19.1.431 97-174 19.1.432 Notwithstanding section 11.1.1 and subsections 11.1.2 (a), (b), (c), (e), (f), (g), (i), (j) and (n) of By-law No. 79-200, as amended, no person shall use the land on the southeast corner of Montrose Road and Wanless Street designated PI and numbered 425 on Sheet B4 of Schedule "A", as amended, or use any building or structure thereon, except in compliance with By-law No. 99-126. Notwithstanding subclauses (i) and (ii) of clause (e) of section 7.5.2, lots 1 through 3, inclusive; 5 through 11, inclusive; 13 through 18, inclusive; 21 and 22; 26 through 37, inclusive; 41 and 47 through 53, inclusive, all in accordance with Registered Plan 59M-228, located on the west side of Sodom Road through to Lyon's Creek Road, designated R1 E and numbered 426 on Sheet D7 of Schedule "A", as amended, are subject to reduced minimum interior side yard width requirements as contained in By-law No. 97-165. No person shall erect or use any building or structure on the land designated RIA and numbered 427 on Sheet 01 of Schedule "A" to By-law No. 79-200 except in accordance with By-law No. 97-174. No person shall erect or use any building or structure on the land designated RIA and numbered 428 on Sheet 01 of Schedule "A" to By-law No. 79-200 except in accordance with By-law No. 97-174. No person shall erect or use any building or structure on the land designated R1 E and numbered 429 on Sheet 01 of Schedule "A" to By-law No. 79-200 except in accordance with By-law No. 97-174. No person shall erect or use any building or structure on the land designated R3 and numbered 430 on Sheet 01 of Schedule "A" to By-law No. 79-200 except in accordance with By-law No. 97-174. No person shall erect or use any building or structure on the land designated R4 and numbered 431 on Sheet 01 of Schedule "A" to By-law No. 79-200 except in accordance with By-law No. 97-174. No person shall erect or use any building or structure on the land designated R5A and numbered 432 on Sheet 01 and C2 of Schedule "A" to By-law No. 79- 200 except in accordance with By-law No. 97-174. 199 97-174 19.1.433 97-175 19.1.434 97-196 19.1.435 No person shall use the land designated EPA and numbered 433 on Sheet C1 of Schedule "A" to By-law No. 79-200 for any purpose except in accordance with By-law No. 97-174. None of the provisions of section 11.2.1 and clauses (c) and (j) of section 11.2.2 shall apply to prevent the land on the northwest corner of Kent Avenue and Industrial Street, designated LI and numbered 434 on Sheet B3 of Schedule "A", as amended, from being used for an establishment for building material sales provided that the maximum height of any exterior storage not exceed 5.0 metres from grade and subject to compliance with By-law No. 97-175. Notwithstanding section 9.1 or subsections 9.2 (a), (b), (c), (d), (e), (f), (g), (h) and (i) and Table 1 of subsection 4.19.1 (a) of By-law No. 79-200, as amended, no person shall use the land on the south side of Valley Way designated I and numbered 435 on Sheet C4 of Schedule "A", as amended, or erector use any buildings or structures on the said land for any purpose except for an existing building to be used for a nursing home providing for not more than 65 beds and a building of not more than two storeys in height to be used for a senior citizens' residence providing for not more than 80 beds in compliance with By- law No. 97-196. 97-197 19.1.436 Repealed by By-law No. 2001-57. 97-212 19.1.437 Repealed by By-law No. 2000-38. 97-217 19.1.438 None of the provisions of section 8.6.1 shall apply to prevent the existing building located on the north side of Lundy's Lane, designated TC and numbered 438 on Sheet B4 of Schedule "A", as amended, from being used for the purpose of an insurance office, a law office or an accounting office in compliance with By-law No. 97-217. 98-11 19.1.439 Notwithstanding subsections 7.5.2 (a)(ii) and (b)(i) of By-law No. 79-200, as amended, no person shall use the land on the west side of Montrose Road, south of Chorozy Street, designated R1 E and numbered 439 on Sheet B3 of Schedule "A", as amended, except with a minimum lot area for a corner lot of 430 sq.m. and the minimum lot frontage for an interior lot of 10.65m and except in compliance with By-law No. 98-11. 200 2004-118 19.1.440 98-01 19.1.441 98-02 19.1.442 98-34 19.1.443 98-196 19.1.444 Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, section 9.1 and clauses (a), (b), (d), (g) and (i) of section 9.2 of By-law No. 79-200, no person shall use the land on the south side of Lundy's Lane designated I and numbered 440 on Sheet B4 of Schedule "A", or erect or use any building or structures thereon except for the purpose of a retirement home and accessory buildings and structures, and except in compliance with By-law No. 2004-118. Notwithstanding subsection 7.5.2(d) of By-law No. 79-200, as amended, no person shall erect or use any part of a one family detached dwelling on the lands within the area designated R1E and numbered 441 on Sheet B4 of Schedule "A", as amended, closer than 30 metres to the CN Railway right-of- way, except in compliance with By-law No. 98-01. None of the provisions of section 8.2.1 shall apply to prevent the use of the land and the existing building located on the west side of Victoria Avenue, north of Maple Street, designated GC and numbered 442 on Sheet D3 of Schedule "A", as amended, from being used for the purpose of a souvenir wholesale and distribution establishment, except in compliance with By-law No. 98-02. None of the provisions of section 12.1 or subsection 12.2 (a) of By-law No. 79- 200, as amended, shall apply to prevent the use of the land, or the erection or use of a building or structure on the west side of Kalar Road, designated A and numbered 443 on Sheet B2 of Schedule "A", as amended, from being used for the purpose of outdoor recreational activities or a youth centre for sports and recreational uses and/or not more than 25 dwelling units for seniors in the form of apartment dwellings or townhouse dwellings except in compliance with By-law No. 98-34. None of the provisions of subsection 4.19.1(a), and sections 7.8.1 and 7.8.2 of By-law 79-200, as amended, shall apply to prevent the use of the land on the west side of Ontario Street, opposite Hiram Street, designated R3 and numbered 444 on Sheet D4 of Schedule "A", as amended, or the existing building located thereon from being used for a dwelling containing not more than 3 dwelling units or to require all of the required parking spaces for the dwelling to be provided on the lands provided that the owner of occupant of such dwelling provides and maintains not more than 4 parking spaces on a surface parking area on the land on the west side of Ontario Avenue, opposite 201 98-104 19.1.445 98-39 19.1.446 98-94 19.1.447 98-244 19.1.448 Hiram Street, designated P and numbered 444 on Sheet D4 of Schedule "A", as amended, except in compliance with By-law No. 98-196. Notwithstanding section 7.9.1, subsections 7.9.2 (c) (ii) and 7.9.2 (f) (ii), no person shall use the land on the northwest corner of Montrose Road and Woodbine Street, designated R4 and numbered 445 on Sheet B3 of Schedule "A", as amended, or erect or use any building or structure on the said land for any purpose except in compliance with By-law No. 98-445. None of the provisions contained in section 11.1 and subsection 11.1.2(j) of By- law 79-200 shall apply to prevent the use of the land or the erection or use of any building or structure, on the east side of Dorchester Road north of the CN Rail line, designated PI and numbered 446 on Sheet C4 of Schedule "A", as amended, from being used for one or more of the uses as set out in paragraph 2 of this By-law and except in compliance with By-law No. 98-39. Notwithstanding the R4 designation, no person shall use the land on the southeast corner of Sodom Road and Weinbrenner Road designated R4 and numbered 447 on Sheet D7 of Schedule "A", as amended, or erect or use any building or structure thereon except for townhouse dwellings having a total aggregate of not more than 14 dwelling units, except in accordance to By-law 98-94. Notwithstanding sections 12.1 and 12.2 of By-law No. 79-200, as amended, no person shall use the land on the northeast corner of Thorold Townline Road and Highway 20 designated A and numbered 448 on Sheet A5 of Schedule "A", as amended, except for a passive recreational park and a private club with a maximum floor area of 290 square metres and except in compliance with by- law No. 98-244. 98-183 19.1.449 Repealed by By-law No. 2017-102. 98-122 19.1.450 (a) Notwithstanding the P designation or any of the provisions of sections 17.1 or 17.2, no person shall use the P subject lands on the west side of First Avenue, designated P and numbered 450 on Sheet D3 of Schedule "A", as amended, for any purpose except as a parking lot consisting of a surface parking area and except in compliance with By-law No. 98-122. 202 98-122 (b) None of the provisions of subsections 11.3.2 (c), (d), (e), (f) or (j) shall apply to prevent the erection or use of a building or structure on the GI subject lands on the west side of First Avenue, designated GI and numbered 450 on Sheet D3 of Schedule "A", as amended, except in compliance with By-law No. 98-122. 98-146 19.1.451 99-260 19.1.452 None of the provisions of section 8.5.1 of By-law 79-200 shall apply to prevent the land on the southeast corner of Queen Street and Buckley Avenue, designated CB and numbered 451 on Sheet D3 of Schedule "A", as amended, from being used for the purpose of a new car agency and a used car lot except in compliance with By-law No. 98-146. None of the provisions of subsections 8.1.2(b) and section 4.27.1 shall prevent the erection or use of a building or structure on the lands located on the southwest corner of McLeod Road and Drummond Road designated NC and numbered 452 on Sheet C5 of Schedule "A", as amended, except in compliance with By-law No.99-260. 99-65 19.1.453 Repealed by By-law No. 2009-194. 98-154 19.1.454 Notwithstanding subsections 7.5.2 (d), (e) and (f) of By-law 79-200, as amended, no person shall erect or use any one family detached dwelling on the land north of Beaverdams Road and east of Kalar Road designated R1 E and numbered 454 on Sheet B4 of Schedule "A", as amended, closer than 13.7 metres to the northerly boundary of the said land, except in compliance with By- law No. 98-154. 98-157 19.1.455 Repealed by By-law No. 2007-01. 98-176 19.1.457 Notwithstanding section 4.14.1, subsection 4.19.1 (e), section 8.6.1 and subsections 8.6.2 (a), (b), (d) and (g) of By-law No. 79-200, as amended, no person shall use the land located on the west side of Stanley Avenue designated TC and numbered 457 on Sheet D4 of Schedule "A", as amended, or use any building or structure thereon, except for the existing 8 storey hotel and an 8 storey addition to it, in compliance with By-law No. 98-176. 19.1.458 Repealed by By-law No. 99-78. 98-185 19.1.459 The provisions of section 8.1.1 of By-law No. 79-200, as amended, shall not 203 98-204 19.1.460 apply to prevent a printing shop from being established on the land on the southeast corner of Drummond Road and Village Crescent, designated and numbered 459 on Sheet C5 of Schedule "A", as amended, except in compliance with By-law No. 98-185. (a) Notwithstanding the provisions of sections 14.1 and 14.2 of By-law No. 79-200, as amended, no person shall use the lands designed OS and numbered 460 on Sheet B5 on Schedule "A" except in compliance with By-law No. 98-204. 98-204 (b) none of the provisions of sections 8.6.1, 8.6.2 or 4 of By-law No. 79-200, as amended, shall apply to prevent the use of lands designated TC and numbered 460 on Sheets B4 and B5 on the southwest corner of Lundy's Lane and the Queen Elizabeth Way from being used as a factory outlet centre and except in compliance with By-law No. 98-204. 98-256 19.1.461 None of the provisions of section 8.6.1 shall apply to prevent the existing dwelling on the land on the northwest side of McGrail Avenue, designated TC and numbered 461 on Sheet D4 of Schedule "A", as amended, from being used for the purpose of two dwelling units except in compliance with By-law No. 98- 256. 98-228 19.1.462 Deleted by By-law No. 2009-51. 98-228 19.1.463 Deleted by By-law No. 2009-51. 98-228 19.1.464 Deleted by By-law No. 2009-51. 99-14 19.1.465 Notwithstanding subsections 7.5.2 (a), (b), (c), (e), (i) and (ii) and (g) of By-law No. 79-200, as amended no person shall use the land located on the south side of Beaverdams Road and designated RIE and numbered 465 on Sheet B4 of Schedule "A", as amended, or use any buildings or structures thereon, except in compliance with By-law No. 99-14. 99-48 19.1.467 None of the provisions of section 12.1 of By-law No. 79-200, as amended, shall apply to prevent a person from using the land on the east side of Thorold Townline Road, north of Highway 20 designated A and numbered 467 on Sheets A4 and A5 of Schedule "A", as amended, for a shop to smoke and wholesale meat, except in compliance with By-law No. 99-48. 204 99-30 19.1.468 99-30 19.1.469 Notwithstanding subsection 7.5.2(i) of By-law No. 79-200, as amended no person shall use the lands on the west side of Kalar Road and north side of McLeod Road, designated R1 E and numbered 468 on Sheet B5 of schedule "A", as amended, or use any buildings or structures thereon except in compliance with By-law No. 99-30. Notwithstanding section 8.1.2 of By-law No. 79-200, as amended, no person shall use the land on the northwest corner of Kalar Road and McLeod Road, designated NC and numbered 469 on Sheet B5 of Schedule "A", as amended, or use any buildings or structures thereon, except in compliance with By-law No. 99-30. 19.1.470 Repealed by By-law No. 2004-137. 99-259 19.1.472 No person shall use the land located on the south side of Mountain Road, designated TC(H) and numbered 472 on Sheet B2 of Schedule "A", as amended, or use any buildings or structures thereon, except in compliance with By-law No. 99-259. 99-52 19.1.473 2002-44 19.1.474 99-78 19.1.475 None of the provisions of subsection 4.19.1 (a) and subsection 8.6.2 (i) of By- law No. 79-200, as amended, shall apply to prevent the land on the northwesterly side of Ellen Avenue, designed P and numbered 473 on Sheet D4 of Schedule "A", as amended from being used for required parking for the land on the northwesterly side of Victoria Avenue, designated TC and numbered 473, except in compliance with By-law No. 99-52. Notwithstanding section 12.1 of By-law No. 79-200, as amended, no person shall use the land located on the east side of Kalar Road south of Beaverdams Road designated A and numbered 474 on Sheet B4 of Schedule "A", as amended, for any purpose except for a contractor's shop and yard subject to compliance with By-law No. 2002-44. None of the provisions of subsections 4.14.1, 4.19.1(a), section 8.6.1, subsections 8.6.2 (b), (d), (g) and (i) and 17.2 (g) of By-law 79-200, as amended, shall apply to prevent the land on the north side of Ferry Street, designated TC and numbered 475 on Sheet D4 of Schedule "A" as amended, from being used for an 11 -storey hotel and none of the provisions of subsection 17.2 (g) of By-law No. 79-200, as amended, shall apply to prevent the land on the northwesterly side of Ellen Avenue, designated P and numbered 475 on 205 99-106 2007-22 2008-190 2008-190 19.1.476 19.1.477 19.1.478 Sheet D4 of Schedule "A" as amended, from being used for required parking, except in compliance with By-law No. 99-78. None of the provisions of subsection 4.19.1(a) of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the north side of Murray Street through to Robinson Street and on the northeast corner of Robinson Street and Clark Avenue, designated TC and numbered 47 and 476 on Sheets D4 and D5 of Schedule "A", as amended, or the erection or use of any building or structure for any use allowed by section 8.6.1 of By-law No. 79-200, as amended, and no person shall use the land on the north side of Murray Street through to Robinson Street and on the north side of Robinson Street, designated TC(H) and numbered 476 on Sheets D4 and D5 of Schedule "A", as amended, or erect or use any building or structure on the land except those which lawfully existed on the date of passing this by-law, and except in compliance with By-law No. 99-106. None of the provisions of clause (a) of section 4.19.1 and clauses (c), (f) and (i) of section 8.6.2 of By-law No.79-200 shall apply to prevent the use of the land on the southeast side of Victoria Avenue designated TC and numbered 477 on Sheet D4 of Schedule "A" or the erection or use of buildings located thereon for tourist commercial purposes, or to require the provision on the same land containing all the required parking spaces except in compliance with By-law No. 99-104. (a) None of the provisions of section 2.28 of By-law No. 79-200 shall apply to prevent the use of the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A", or the erection or use of any buildings or structures thereon, for the purpose of a hotel which does not provide a public dining room ora public meeting room. - By-law No. 99-104, as amended by By- law No. 2008-190. (b) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200 shall apply to require parking spaces to be provided for any public dining room or public meeting room within a hotel on the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A". - By-law No. 99- 104, as amended by By-law No. 2008-190. 206 99-143 19.1.479 (c) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200 shall apply to require all of the required parking spaces for all of the permitted uses and buildings and structures on the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A" to be provided and maintained on the same land, except in compliance with By-law No. 99- 104, as amended by By-law No. 2008-190. (d) Notwithstanding the provisions of section 2.31 of By-law No. 79-200, the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A", shall be considered one lot. (e) Notwithstanding the provisions of clauses (b), (c), (d), (e), (g) and (i) of section 8.6.2 of By-law No. 79-200, no person shall use of the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A", or erect or use any buildings or structures thereon, except in compliance with By-law No. 2008-190. (f) Notwithstanding the provision of clause (t) of section 8.6.1 of By-law No. 79-200, no person shall use the land on the southeast side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478 on Sheet D4 of Schedule "A" for the purpose of a pay for use parking lot. - By-law No. 99-104, as amended by By-law No. 2008-190." None of the provisions of section 8.2.1 and subsections 4.19.1 (a), (e) and (g) of By-law No. 79-200, as amended, no person shall apply to prevent the existing dwelling on the land on the northeast corner of Portage Road and as amended, from being used for the purpose of six dwelling units, except in compliance with By-law No. 99-143. 99-117 19.1.480 Rescinded by By-law No. 2000-127. 2000-165 19.1.482 Notwithstanding subsection 8.6.2 (b), (d) (ii) and (g) of By-law No. 79-200, as amended, no person shall use the land on the east side of Buchanan Avenue through to Clark Avenue, designated TC and numbered 482 on Sheet D4 of 207 99-148 19.1.483 99-149 19.1.485 99-166 19.1.486 99-204 19.1.487 2000-36 19.1.488 Schedule "A" as amended, or erected or use any building or structure thereon for a hotel having a height more than 4 storeys, but not exceeding 10 storeys, expect in compliance with By-law No. 2000-165. Notwithstanding subsection 7.5.2(i) and in addition to the regulations contained in section 7.5.2 of By-law No. 79-200, as amended, no person shall use the land between Kalar Road and Connell Avenue, designated R1 E and numbered 483 on Sheet B3 of Schedule "A", as amended, or use any buildings or structures thereon, except in compliance with By-law No. 99-148. Notwithstanding subsection 4.19.3 (a), section 7.3.1 and subsections 7.3.2 (a), (b), (c), (e) and (g) of By-law No. 79-200, as amended, a person may use the land on the west side of St. Paul Avenue, designated RIC and numbered 485 on Sheet C2 of Schedule "A", as amended, and the existing one family dwelling and additions thereto as a tourist home containing up to three rooms for tourists, provided it is in compliance with By-law No. 99-149. None of the provisions of Section 2 of By-law No. 95-260, shall apply to prevent use of the land or any existing building located on the south side of Morrison Street, designated as SC and numbered 391 and 486 on Sheets B3, B4, C3 and C4 of Schedule "A" as amended, from being used for the purpose of a Restaurant, Bank, Trust Company or Credit Union, Personal Service Shop, Service Shop or Health centre, and except in compliance with By-law No. 99- 166. None of the provisions of section 11.2.1 of By-law No. 79-200, as amended, shall apply to prevent the existing building located on the south side of Canadian Drive, designated LI and numbered 487 on Sheet B6 of Schedule "A", as amended, from being used for the purpose of a laser eye centre and a private ambulance service (non -emergency), except in compliance with By-law No.99- 204. Notwithstanding sections 8.2.1 and subsections 8.2.2 (a), (b), (c), (d), (e), (f), (g) and (h) of By-law No. 79-200, as amended, no person shall use the land on the west side of Fourth Avenue designated GC and numbered 488 on Sheet D3 of Schedule "A", as amended, or the existing building thereon, except in compliance with By-law No. 2000-36. 208 2001-80 19.1.489 Repealed by By-law No. 2003-78. 99-272 19.1.493 None of the provisions of section 4.27.1 and subsections 8.6.2 (d), (g) and (k) (H) of By-law 79-200, as amended, shall apply to prevent the land on the north side of Murray Street, designated TC and numbered 476 and 493 (H) on Sheet D5 of Schedule "A" as amended, from being used for 3 retail stores having floor areas of more than 400 square metres, a hotel having a height more than 4 storeys, but not exceeding 24 storeys, excluding the required roof feature which may contain a maximum of 3 storeys for occupancy, and a parking garage not exceeding 4 storeys, except in compliance with By-law No. 99-272. 99-233 19.1.494 99-268 19.1.495 2000-31 19.1.496 None of the provisions of subsections 4.19.1(a), 8.6.2(g) and (i) of By-law 79- 200, as amended, shall apply to prevent the land on the south side of Lundy's Lane, designated TC and numbered 494 on Sheet B4 of Schedule "A", as amended, from being used for the purpose of a 5 -storey hotel not exceeding 16 metres in height in compliance with By-law No. 99-233. Notwithstanding the provisions of subsection 4.27.1(d), section 8.6.1 and subsections 8.6.2 (a), (b), (c), (d), (e), (f) and (g) of By-law No. 79-200, as amended, no person shall use the land on the west side of Oakes Drive, designated TC and numbered 495 on Sheet D5 of Schedule "A" as amended, or erect or use any building or structure thereon for any purpose except for a hotel containing 2 towers, one providing not more than 30 storeys, the other providing not more than 36 storeys, a trade centre and ancillary uses, and none of the provisions of subsection 4.19.1(a) of By-law No. 79-200, as amended, shall apply to the extent to require the owner or occupant of such hotel, trade centre and ancillary uses to provide and maintain all of the required parking spaces on the same lands as the hotel, trade centre and ancillary uses. The owner or occupant of the hotel shall provide and maintain a parking area on the west side of Stanley Avenue, designated TC and numbered 495 on Sheet D5 of Schedule "A", as amended, containing all of the parking spaces which cannot be provided on the same lands as the hotel, trade centre and ancillary uses, all in compliance with By-law No. 99-268. Notwithstanding subsection 4.19.1 (c) and subsections 7.9.2 (c), (d), (e), (g), (k) and (m) and subsection 7.9.3 (c) (iii) of By-law No. 79-200, as amended, no person shall use the land on the west side of Montrose Road designated R4 and numbered 496 on Sheet B2 of Schedule "A", as amended, or erect or use any 209 2013-59 19.1.498 building or structure for any purpose except for a maximum of 24 townhouse dwelling units and except in compliance with By-law No, 2000-31. Notwithstanding the provisions of section 4.27.1, 4.7, clause (a) of section 7.11.1 and clauses (a), (b), (c), (d), (d), (f), (g), (h), and (m) of section 7.11.2 of By-law No. 79-200, no person shall use the land on the northeast corner of Mountain Road and St. Paul Avenue, designated R5B and numbered 498 on Sheets C1 and C2 of Schedule "A", or erect or use any building or structure thereon for the purpose of an apartment dwelling having a building height greater than 10 metres and having uses permitted by clauses (a) through to and including clause (j) of section 8.1.1 of By-law No. 79-200 on a portion of the ground floor, except in compliance with By-law No. 2013-59. 19.1.498 Refer to By-law No. 2013-59. 2000-38 19.1.499 2003-30 19.1.500 2000-65 19.1.501 Notwithstanding subsections 7.8.2 (b), (v), (e) and (f) of By-law 79-200, as amended, no person shall use the land or erect or use any building or structure on the east side of St. Paul Avenue designated R3 and numbered 499 on Sheet C2 of Schedule "A", as amended, except for a maximum of 20 on - street one -storey townhouse dwellings each providing and maintaining an attached garage and except in compliance with By-law No. 2000-38. Notwithstanding the provisions of clause (b) of section 4.13, sections 4.27.1 and 7.11.1, and clauses (a), (b), (c), (d), (e), (f), (h), (I) and (m) of section 7.11.2 and in addition to the regulations contained in section 7.11.2 of By-law No. 79-200, no person shall use the land on the southwest corner of Dunn Street and Ailanthus Avenue, designated R5B and numbered 500 on Sheet C5 of Schedule "A", or erect or use any building or structure thereon except for an apartment dwelling having up to 4 storeys and up to 16 dwelling units and a garbage bin enclosure, and except in compliance with By-law No. 2003-30. None of the provisions contained in sections 7.9.1 and 7.9.2 of By-law No. 79- 200, as amended shall apply to prevent the land on the north side of Weinbrenner Road, designated R4 and numbered 501 on Sheets E6 and E7 of Schedule "A" as amended, from being developed in accordance with the provisions contained in subsection 9.1(f) and section 9.2 of By-law No. 79-200, as amended, except in compliance with By-law No. 2000-65. 210 2000-59 19.1.502 2000-86 19.1.503 2003-56 2000-74 19.1.504 2001-134 2000-82 19.1.505 2000-153 19.1.506 2000-85 19.1.507 2003-57 None of the provisions of section 2 of By-law No. 95-260, as amended, shall apply to prevent 5 buildings from being erected on the land on the south side of Morrison Street, designated SC and numbered 391, 486 and 502 on Sheets B3, B4, C3 and C4 of Schedule "A" as amended, and a maximum aggregate of 5 retail stores, each having a gross leasable floor area of less than 465 square metres, and within the same structure, from being established on the land, except in compliance with By-law No. 2000-59. Temporary use by-law no longer in effect as of April 17, 2003. Temporary use by-law no longer in effect as of March 17, 2004. Replaced by By-law No. 2001-134. None of the provisions contained in section 11.1.1 of By-law No. 79-200, as amended shall apply to prevent the use of the land on the southwest corner of Chippawa Creek Road and Montrose Road, designated PI and numbered 505 on Sheet B7 of Schedule "A", as amended or the erection or use of any building or structure thereon fora hotel and ancillary outdoor volleyball courts, with or without accessory buildings and none of the provisions contained in subsections 11.1.2 (c), (e), and (j) of By-law No. 79-200, as amended shall apply to the existing building located on the northeast corner of the land and the existing outdoor volleyball courts located on the northwest corner of the land, except in compliance with By-law No. 2000-82. Notwithstanding subsections 8.6.2 (b), (c), (d), (e), (f) and (g) of By-law No. 79- 200, as amended, no person shall use the land on the northwest corner of Stanley Avenue and Dunn Street, designated TC and numbered 506 on Sheet D5 of Schedule "A" as amended, or erect or use any building or structure thereon for a hotel have a height of more than 12 metres but not exceeding 90 metres as measured from Geodetic Elevation 199.5 metres of 30 storeys, except in compliance with By-law No. 2000-153. Temporary use by-law no longer in effect as of April 17, 2002. Temporary use by-law no longer in effect as of March 17, 2004. 2000-95 19.1.508 None of the provisions of subsections 7.7.2 (b)(iii) and (e)(ii) of By-law No. 79- 200, as amended shall apply to prevent the use of the land on the north corner 211 2000-133 19.1.509 2000-119 19,1.510 of Front Street and Norton Street designated R2 and numbered 508, in part, on Sheet E6 of Schedule "A" as amended, or the erection of any building or structure for any purpose, except in compliance with By-law No. 2000-95. Notwithstanding subsections 4.19.1 (a), 7.8.1, 7.8.2 (c), (d), (e)(ii), (f) and (k) of By-law No. 79-200, as amended, no person shall use the land on the north corner Front Street and Norton Street designated R3 and numbered 508, in part, on Sheet E6 of Schedule "A" as amended, or erect or use any building or structure for any purpose except for one dwelling providing 5 on -street townhouse dwelling units and except in compliance with By-law No. 2000-95. Notwithstanding sections 4.27.1, 8.1.1 and subsections 8.1.2 (a), (b), (c), (d) and (e) of By-law No. 79-200, as amended, no person shall use the land on the northeast corner of Drummond Road and Valley Way, designated NC and numbered 509 on Sheet C4 of Schedule "A", as amended, and the existing building thereon except for a full service beauty/hair salon which may include a spa with massage therapy by one or more registered massage therapists and one dwelling unit on the second floor, and except in compliance with By-law No. 2000-133. None of the provisions contained in section 11.1.1 and subsections 11.1.2(d), (j) and (o) of By-law No. 79-200, as amended, shall apply to prevent the land on the south side of Fraser Street, designated PI and numbered 510 on Sheet C3 of Schedule "A", as amended, and the existing building thereon from being used for a Lodge for the Loyal Order of Moose and/or Women of the Moose, except in compliance with By-law No. 2000-119. 2000-103 19.1.511 a) Notwithstanding subsection 8.6.2 (c) and (g) of By-law 79-200, as amended, no person shall use the land on the east side of Oakes Drive, designated TC and numbered 511 on Sheet D5 of Schedule "A" as amended, or erect or use any building or structure thereon for a hotel having a height up to 20 storeys, and none of the provisions of subsection 4.19.1 (a) of By-law 79-200, as amended, shall apply to the extent to require the owner or occupant of such hotel to provide and maintain all of the required parking spaces for the hotel on the same land, except in compliance with By-law No. 2000-103. b) Notwithstanding section 17.1 and subsections 17.2 (b), (f) and (g) of By- law No. 79-200, as amended, no person shall use the land on the north 212 side of Dunn Street, designated P and numbered 511 on Sheet D5 of Schedule "A" as amended, or erect or use any building or structure thereon for a parking garage, except in compliance with By-law 2000- 103. 19.1.512 Repealed by By-law No. 2002-135. 2002-135 19.1.513 Repealed by OMB. 2000-127 19.1.514 None of the provisions of subsection 4.19.1(a), section 4.27.1, section 8.6.1 and subsections 8.6.2 (b), (c), (e), (g), (i) and 17.2 (g) of By-law No. 79-200, as amended, shall apply to prevent the land on the west side of Oakes Drive, through to Stanley Avenue, on the south side of Dunn Street designated TC and numbered 355 and 514 on Sheet D5 of Schedule "A", as amended, from being used for an existing hotel building comprised of one 15 -storey portion and a 5 -storey portion, a 5 -storey parking structure and one 576 square metre restaurant and none of the provisions of subsections 4.19.1 (a) and 17.2 (g) of By-law No. 79-200, as amended, shall apply to prevent the land on the north side of Dunn Street, through to Dixon Street, on the east side of Cleveland Avenue designated P and numbered 514 on Sheets C5 and D5 of Schedule "A", as amended, from being used for required parking, subject to compliance with By-law No. 2000-127. 2000-128 19.1.515 2000-243 19.1.516 2000-197 19.1.517 2000-197 19.1.518 None of the provisions of subsection 4.19.1 (a), section 8.6.1, subsections 8.6.2 (b), (c), (d), (f), (g), (i) and 17.2(g) of By-law No. 79-200, as amended, shall apply to prevent the land on the east side of Oakes Drive, designated TC and numbered 515 on Sheet D5 of Schedule "A", as amended, from being used for a hotel tower complex and none of the provisions of subsections 4.19.1 (a) and 17.2 (g) of By-law 79-200, as amended, shall apply to prevent the land on the north side of Dunn Street, through to Dixon Street, on the east side of Cleveland Avenue designated P and numbered 514 and 515 on Sheets C5 and D5 of Schedule "A", as amended, from being used for required parking, subject to compliance with By-law No. 2000-128. Repealed by By-law No. 2001-169 Repealed by By-law No. 2008-51. Repealed by By-law No. 2008-51. 213 2000-229 19.1.520 2000-181 19.1.521 2000-182 19.1.522 2000-250 19.1.524 2000-195 19.1.525 2000-196 19.1.526 2000-226 19.1.527 2000-242 19.1.528 None of the provisions of section 8.6.1 of By-law No. 79-200, as amended, shall apply to prevent the land on the north side of Lundy's Lane, designated TC and numbered 520 on Sheet B4 of Schedule "A", as amended, or any building or structure thereon from being used for a clinic, office, and equipment rental and repair shop except in compliance with By-law No. 2000-229. Notwithstanding the provisions of section 4.27.1 and subsections 7.11.2 (a), (c), (e), (h) and (m) of By-law No. 79-200, as amended, no person shall use the land on the south side of McLeod Road, designated R5B and numbered 521 on Sheet C5 of Schedule "A", as amended, or erect or use any building or structure thereon except for an apartment building having up to 12 dwelling units, and except in compliance with By-law No. 2000-181. Repealed by By-law No. 2008-29. No person shall use the land located on the southwest corner of the intersection of Mountain Road and Mewburn Road, designated TC and numbered 524 on Sheet B2 of Schedule "A", as amended, or use any buildings or structures thereon, except in compliance with By-law No. 2000-250. None of the provisions of subsections 8.6.2 (b), (d) and (g) of By-law No. 79- 200, as amended, shall apply to prevent the land on the southwest corner of Ferry Street and Grey Avenue designated TC and numbered 525 on Sheet C4 of Schedule "A", as amended, from being used for a 7 -storey hotel, except in compliance with By-law No. 2000-195. Repealed by By-law No. 2009-194. Deleted by By-law No. 2012-133. None of the provisions of sections 4.27.1, 11.1.1 and 11.1.2 of By-law 79-200, as amended, shall apply to prevent the land on the east side of Stanley Avenue designated PI and numbered 528 on Sheet C1 of Schedule "A", as amended from being used for the growing of field crops or the erection of an addition to the existing one family detached dwelling, a barn, and a storage building thereon, except in compliance with By-law No. 2000-242. 2000-230 19.1.529 Repealed by By-law No. 2001-266 (see19.1.557 &19.1.558). 214 2000-256 19.1.530 2000-258 19.1.531 2001-15 19.1.532 2001-57 19.1.533 2000-266 19.1.534 2004-67 19.1.535 None of the provisions of section 7.7.1 of By-law 79-200, as amended, shall apply to prevent the existing one family detached dwelling on the land on the south side of Culp Street, designated R2 and numbered 530 on Sheet C5 of Schedule "A" as amended, from being used for the purpose of a tourist home containing not more than three rooms for the tourists, except in compliance with By-law No. 2000-256. None of the provisions contained in sections 12.1 and 12.2 of By-law No. 79- 200, as amended, shall apply to prevent the land on the west side of Beechwood Road, designated A and numbered 531 on Sheet A5 of Schedule "A" as amended, from being developed in accordance with the provisions contained in sections 13.1 and 13.2 of By-law No. 79-200, as amended, except in compliance with By-law No. 2000-258. In addition to the provisions contained in section 9.2 of By-law No. 79-200, as amended, no person shall use the land on the east side of Dorchester Road, designated I and numbered 532 on Sheet C4 of Schedule "A", as amended, or erect or use any building or structure thereon except in compliance with By- law No. 2001-15. Notwithstanding the provisions of Table 1 of subsection 4.19.1(a), subsections 4.27.1(a) and (d), section 8.1.1 and subsections 8.1.2(b), (f), (h) and (i) of By-law No. 79-200, as amended, no person shall use the land on the west side of Montrose Road, north of Lundy's Lane, designated NC and numbered 533 on Sheet B4 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except for one or more offices, and except in compliance with By-law No. 2001-57. None of the provisions of section 2.42 and subsection 8.6.2(g) of By-law No. 79- 200, as amended, shall apply to prevent the land on the east side of Victoria Avenue, designated TC and numbered 534 on Sheet D3 of Schedule "A", as amended, from being used for a hotel, including a pinball or electronic game machine establishment, having a maximum building height of more than 12 metres, except in compliance with By-law No. 2000-266. None of the provisions of clause (a) of section 4.27.1 and sections 7.8.1 and 7.8.2 of By-law No. 79-200 shall apply to prevent the use of the land on the northwest corner of the intersection of Stanley Avenue and Church's Lane, designated R3 and numbered 535 on Sheet C2 of Schedule "A", or the use of 215 the existing dwelling thereon, for the purpose of not more than four dwelling units, except in compliance with By-law No. 2004-67. 2001-149 19.1.536 Repealed by By-law No. 2002-110. 2001-21 19.1.537 None of the provisions of subsections 4.19.1(a), 8.6.2(b), (g) and (i) and 17.2(g) of By-law No. 79-200, as amended, shall apply to prevent the lands located on the northwesterly side of Ellen Avenue designated TC and numbered 537 on Sheet D4 of Schedule "A", as amended from being used for a motel consisting of one three-storey portion and one five -storey portion and none of the provisions of subsection 17.2(g) of By-law No. 79-200 as amended, shall apply to prevent the land on the southeasterly side of McGrail Avenue, designated P and numbered 537 on Sheet D4 of Schedule "A" as amended, from being used for required parking, except in compliance with By-law No. 2001-21. 2001-50 19.1.538 2015-51 2001-54 19.1.539 2001-75 19,1.540 Repealed by By-law No. 2015-51. None of the provisions of sections 7.15.1 and 7.15.2 of By-law No, 79-200, as amended, shall apply to prevent the existing building on the land on the west side of Crysler Avenue, designated R5F and numbered 539 on Sheet D3 of Schedule "A", as amended and in addition thereto, from being used for the purpose of a "Special Residence, Temporary Shelter", except in compliance with By-law No. 2001-54. None of the provisions of section 11.1.1 of By-law No. 79-200, as amended shall apply to prevent the use of the land on the east side of Oakwood Drive, designated PI and numbered 540 on Sheets B6 and C6 of Schedule "A", as amended, or erection or use of any buildings or structure thereon for the uses set out in section 2 of By-law No. 2001-75, except in compliance with By-law No. 2001-75. 2001-85 19.1.541 Repealed by By-law No. 2002-112. 2001-90 19.1.542 Repealed by By-law No. 2002-210. 2001-88 19.1.543 Notwithstanding the provisions of subsection 7.3.2 (b)(ii) of By-law No. 79-200, as amended, no person shall use the land on the south side of Mountain Road extending to the Hydro Haulage Road Trail, designated RIC and numbered 543 216 2001-154 19.1.544 2001-154 19.1.545 2001-224 19.1.546 2001-135 19.1.547 2001-132 19.1.548 on Sheet C2 of Schedule "A", as amended, or erect or use any buildings or structures thereon, except in compliance with By-law No. 2001-88. Notwithstanding the provisions of section 4.27.1 and subsections 7.5.2(c) and (i) and in addition to the requirements contained in section 7.5.2 of By-law No. 79-200, as amended, no person shall use the land on the east side of Kalar Road, south of Costabile Drive and north of Marcon Street, designated R1 E and numbered 544 on Sheet B3 of Schedule "A", as amended, or erect or use any buildings or structures thereon, except in compliance with By-law No. 2001- 154. Notwithstanding the provisions of section 7.9.1 and subsections 7.9.2(b), (d), (e) and 7.9.3 (c)(iii), and in addition to the regulations contained in section 7.9.2 of By-law No. 79-200, as amended, no person shall use the land on the south side of Costabile Drive, designated R4 and numbered 545 on Sheet B3 of Schedule "A", as amended, or erect or use any buildings or structures thereon except for group dwellings, and except in compliance with By-law No. 2001-154. (a) None of the provisions of section 2.31.5 of By-law No. 79-200, as amended, shall apply to the land on the northwest corner of Thorold Stone Road and Kalar Road, designated R1 D and numbered 546 on Sheet B3 of Schedule "A", as amended, to prevent the width of a lot, measured along the front lot line, from being more than 3 metres less than the minimum lot frontage required by the provisions of subsection 7.4.2(b)(i) of By-law No. 79-200, as amended, except in compliance with By-law No. 2001-224. None of the provisions of subsection 7.10.2(a) of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the west side of St. Paul Avenue, designated R5A and numbered 547 on Sheet C2 of Schedule "A", as amended, or the erection or use of any building or structure thereon for an apartment building having up to 32 dwelling units, except in compliance with By-law No. 2001-135. None of the provisions of section 8.6.1 and subsections 8.6.2(b), (c) and (d) of By-law No. 79-200, as amended, shall apply to prevent the land on the south side of McLeod Road, designated TC and numbered 548 on Sheet C5 of Schedule "A", as amended, or any building or structure thereon from being 217 2001-137 19.1.549 2001-147 19.1.550 2001-134 19.1.551 used for a nursing home, except in compliance with By-law No. 2001-132. None of the provisions of sections 7.3.1 and 7.3.2 of By-law No. 79-200, as amended, shall apply to prevent the existing building situated on the land on the east side of Sinnicks Avenue, designated RIC and numbered 549 on Sheet C2 of Schedule "A", as amended, from being used as a community building and respite facility, operated by a not-for-profit organization except in compliance with By-law No. 2001-137. None of the provisions of sections 11.2.1 and 11.2.2 of By-law No. 79-200, as amended, shall apply to prevent the existing building situated on the land on the southeast corner of Ferguson Street and Dyson Avenue, designated LI and numbered 550 on Sheet D3 of Schedule "A", as amended, from being used for a private club, except in compliance with By-law No. 2001-147. Notwithstanding the provisions of subsections 7.1.2 (a), (b), (e) and (i), and in addition to the requirements contained in section 7.1.2 of By-law No. 79-200, as amended, no person shall use the land on the east side of Dorchester Road, north of Mountain Road and south of the CN Railway line, designated RIA and numbered 551 on Sheet C1 of Schedule "A", as amended, or erect or use any buildings or structures thereon, except in compliance with By-law No. 2001- 134. 2001-134 19.1.552 Refer to By-law No. 2001-134, as amended by By-law No. 2009-41. 2009-41 2001-157 19.1.553 Repealed by By-law No. 2007-162. 2001-157 19.1.554 Repealed by By-law No. 2007-162. 2001-157 19.1.555 Repealed by By-law No. 2007-162, 2001-169 19.1.556 Notwithstanding the provisions of section 4.11 and subsections 7.9.2(b), (c), (d), (e), (g) and (m) of By-law No. 79-200, as amended, no person shall use ht eland within the northeast quadrant of Dorchester Road and Highway 420 designated R4 and numbered 556 on Sheet C4 of Schedule "A", as amended, or erect or use any building or structure for any purpose except for a maximum of 21 218 2001-266 19.1.557 2001-266 19.1.558 2001-213 19.1.560 2001-223 19.1.562 2001-218 19.1.563 townhouse dwelling units with attached garages and except in compliance with By-law No. 2001-169. None of the provisions of Table 1 of subsection 4.19.1(a) and subsections 7.8.2(a)(iii), (c), (d), (e)(ii), (g) and (k) of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the south side of Ash Street through to Murray Street, designated R3 and numbered 557 on Sheet C5 of Schedule "A", as amended, or the erection and use of any buildings or structures thereon for on -street townhouse dwellings except in compliance with By-law No. 2001-266. None of the provisions of subsection 7.11.2(d), (e), (f), (k) and (m) of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the south side of Ash Street through to Murray Street, designated R5B and numbered 558 on Sheet C5 of Schedule "A", as amended, or the use and conversion of the building which existed prior to the passing of this by-law for an apartment dwelling providing not more than 25 dwelling units or the use of the land and the erection and use of any buildings or structures thereon for on -street townhouse dwellings, except in compliance with By-law No. 2001-266. Repealed by By-law No. 2005-170. None of the provisions of subsections 4.19.1(a) and 8.6.2(i) of By-law No. 79- 200, as amended, shall apply to the extent to require the owner or occupant of the hotel on the southeast corner of the intersection of Fallsview Boulevard and Portage Road, designated TC and numbered 512 and 562 on Sheet D5 of Schedule "A", as amended, to provide and maintain all of the required parking on the same land, except in compliance with By-law No. 2001-223. Notwithstanding sections 8.1.1 and 4.27.1 and subsections 8.1.2(b), (c), (d), (e), (f) and (h) and in addition to the provisions contained in section 8.1.2 of By-law No. 79-200, as amended, no person shall use the land on the northwest corner of the intersection of Drummond Road and Morrison Street, designated NC and numbered 563 on Sheet C3 of Schedule "A", as amended, or erect or use any building or structure thereon for any purpose except for one or more offices and except in compliance with By-law No. 2001-218. 219 2001-214 19.1.564 2001-214 19.1.565 2001-214 2001-256 19.1.566 2001-254 19.1.567 Notwithstanding the provisions of section 12. 1 and subsections 12.2 (a), (b) and (d), and in addition to the provisions contained in section 12.2 of By-law No. 79- 200, as amended, no person shall use the land on the west side of Garner Road, south of Lundy's Lane, designated A and numbered 564 on Sheet A5 of Schedule "A", as amended, or erect or use any buildings or structures thereon for any purpose except one one -family detached dwelling and accessory buildings and structures and, except in compliance with By-law No. 2001-214. (a) Notwithstanding the provisions of subsections 12.1 (a) and (c) of By-law No. 79-200, as amended, no person shall use the building, which existed prior to the passage of this by-law, for hatching, breeding, raising, keeping or marketing any livestock, on the land on the west side of Garner Road, south of Lundy's Lane, designated A and numbered 565 on Sheet A5 of Schedule "A", as amended, except in compliance with By- law No. 2001-214. (b) None of the provisions of subsection 12.2 (d) of By-law No. 79-200, as amended, shall apply to prevent the building, which existed prior to the passage of this by-law, on the land on the west side of Garner Road, south of Lundy's Lane, designated A and numbered 565 on Sheet A5 of Schedule "A", as amended, from having a minimum north side yard width of 7.5 metres, except in compliance with By-law No. 2001-214. None of the provisions of section 8.8.1 of By-law No. 79-200, as amended, shall apply to prevent one of the dwelling units within the existing three -unit dwelling situated on the land on the south side of McGrail Avenue, designated DTC and numbered 566 on Sheet D4 of Schedule "A", as amended, from being used as a tourist home containing not more than three rooms for tourists, except in compliance with By-law No. 2001-256. Notwithstanding the provisions of subsection 4.19.1 (c), section 7.9.1 and subsections 7.9.2 (a), (b), (d), (e), (g) and (m) and 7.9.3 (c) (iii) and in addition to the regulations contained in section 7.9.2 of By-law No. 79-200, as amended, no person shall use the land on the west side of Drummond Road designated R4 and numbered 567 on Sheet C4 of Schedule "A", as amended, or erect or use any building or structure for any purpose except for group dwellings, and except in compliance with By-law No. 2001-254. 220 2001-265 19.1.568 2005-14 19.1.569 2002-18 19.1.570 2002-46 19.1.571 None of the provisions of section 2.28 and subsections 8.6.2 (b), (c), (d) and (g) of By-law No. 79-200, as amended, shall apply to prevent the land on the north side of Victoria Avenue through to Ellen Avenue, designated TC and numbered 568 on Sheet D4 of Schedule "A", as amended, or the use of any buildings or structures thereon, for a hotel, comprised of more than one building, except in compliance with By-law No. 2001-265. None of the provisions of subsection 4.19.1(a), 8.6.2 (b), (c), (e), and (g) of By- law No. 79-200, as amended, shall apply to prevent the use of the land on the northeast corner of Murray Street and Allendale Avenue designated TC and numbered 569 on Sheet D5 of Schedule "A", as amended, or the erection and use of any building or structure thereon for a 5 -storey hotel having a height not exceeding 18 metres and none of the provisions of subsection 4.19.1(a) of By- law No. 79-200, as amended, shall apply to the extent to require the owner or occupant of such hotel to provide and maintain all of the required parking spaces on the same land as the hotel. The owner or occupant of such building or structure shall provide and maintain a parking area on the south side of Main Street, through to Murray Street, designated P and numbered 569 on Sheet C5 of Schedule "A", as amended, containing all of the required parking spaces which cannot be provided on the land designated TC and renumbered 569 and notwithstanding the provisions of Section 17.1 and subsection 17.2 (g) of By-law No. 79-200, as amended, no person shall use the land on the south side of Main Street, through to Murray Street, designated P and numbered 569 on Sheet C5 of Schedule "A", as amended, for any purpose other than for required parking, in compliance with By-law No. 2005-14. None of the provisions of Table 1 of subsection 4.19.1(a) and section 11.2.1 of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the south-west corner of Swayze Drive and Stanley Avenue, designated LI and numbered 570 on Sheet 01 of Schedule "A", as amended, or the erection and use of any buildings or structures thereon for a recreational use, except in compliance with By-law No. 2002-18. None of the provisions of section 7.7.1 of By-law No. 79-200, as amended, shall apply to prevent the existing dwelling located on the north side of Culp Street, designated R2 and numbered 571 on Sheets C4 and C5 of Schedule "A", as amended, from being used as a tourist home containing not more than two 221 2002-143 19.1.572 2002-63 19.1.573 2002-106 19.1.574 2002-090 19.1.575 2002-078 19.1.576 rooms for tourists, except in compliance with By-law No. 2002-46. None of the provisions of section 2.28 and subsections 8.6.2 (b), (c), (d) and (g) of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the north side of Ferry Street, through to Spring Street and Stanley Avenue, designated TC and numbered 75 and 572, in part and designated TC and numbered 572 in part, or the erection or use of any building thereon fora hotel having a height not exceeding 21 metres and up to 6 storeys, except in compliance with By-law No. 2002-143. None of the provisions of section 7.11.1 of By-law No. 79-200, as amended shall apply to prevent the dwelling, which existed prior to the passage of this by-law, on the land on the north side of Dunn Street, designated R5B and numbered 573 on Sheet C5 of Schedule "A", as amended, from being used as a tourist home containing not more than four rooms for tourists, except in compliance with By-law No. 2002-63. None of the provisions of subsection 4.19.3(a)(ii) and section 7.7.1 of By-law No. 79-200, as amended, shall apply to prevent the existing dwelling on the west side of Zimmerman Avenue, designated R2 and numbered 574 on Sheet D3 of Schedule "A", as amended, from being used as a tourist home containing not more than four rooms for tourists, except in compliance with By-law No. 2002- 106. None of the provisions of section 7.7.1 of By-law No. 79-200, as amended, shall apply to prevent the existing dwelling located on the south side of Ellis Street, designated R2 and numbered 575 on Sheet D3 of Schedule "A", as amended, from being used as a tourist home containing not more than two rooms for tourists, except in compliance with By-law No. 2002-090. None of the provisions of section 11.2.1 of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the east side of Oakwood Drive, north of McLeod Road, designated LI and numbered 576 on Sheets B5 and C5 of Schedule "A", as amended, or the erection and use of any buildings or structures thereon for a recreational use, except in compliance with By-law No. 2002-078. 222 2002-091 19.1.577 Notwithstanding the provisions of sections 4.13 and 4.14 and subsection 7.2.2(b) and in addition to the requirements contained in section 7.2.2 of By-law No. 79-200, as amended, no person shall use the land on the south west corner of Cardinal Drive and Mount Carmel Boulevard designated RIB and numbered 577 on Sheet B3 of Schedule "A", as amended, or erect or use any buildings or structures except in compliance with By-law No. 2002-091. 2002-110 19.1.578 (a) None of the provisions of subsection 4.19.1(a), sections 4.27.1 and 8.6.1 and subsections 8.6.2(b), (c), (d) and (g) of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the west side of Stanley Avenue through to Main Street, designated TC and numbered 578 on Sheet D5 of Schedule "A", as amended, or the erection and use of any building or structure thereon for a mechanical amusement ride or to require all of the required parking spaces to be provided and maintained on the same land, except in compliance with By- law No. 2002-110. Notwithstanding the provisions of subsection 17.2(g) of By-law No. 79-200, as 2002-110 19.1.578 (b) amended, no person shall use the land on the south side of Main Street, through to Murray Street, designated P and numbered 578 on Sheet C5 of Schedule "A", as amended, for a parking lot, except in compliance with By-law No. 2002-110. 2002-112 19.1.579 None of the provisions of subsection 4.19.1(a), 4.27.1(d), 8.6.2(a), (b), (d) and (g) of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the west side of Fallsview Boulevard through to Stanley Avenue designated TC and numbered 579 on Sheet D4 of Schedule "A", as amended, or the erection or use of any building or structure thereon for a hotel having a height more than 12 metres, but not exceeding 107 metres, as measured from Geodetic Elevation 192 metres or 29 storeys, to require the owner or occupant of such hotel to provide and maintain all of the required parking spaces on the same land as the hotel. Notwithstanding the provisions of subsection 17.2(g) of By-law No. 79-200, as amended, no person shall use the lands on the west side of Fallsview Boulevard designated P and numbered 579 on Sheet D4 of Schedule "A", as amended, for any purpose except to provide those required parking spaces which cannot be provided on the same lands as the hotel, and all except in compliance with By-law No. 2002-112. 2002-113 19.1.580 Notwithstanding the provisions of section 4.27.1 and subsections 7.5.2(d), (f) 223 2002-113 19.1.581 2002-115 19.1.582 2002-119 19.1.583 2002-130 19.1.584 2002-136 19.1.585 and (i), and in addition to the regulations contained in section 7.5.2 of By-law No. 79-200, as amended, no person shall use the land on the west side of Kalar Road, north of Lundy's Lane, designated RIE and numbered 580 on Sheet B4 of Schedule "A", as amended, or erect or use any buildings or structures thereon, except in compliance with By-law No. 2002-113. Notwithstanding the provisions of sections 4.27.1 and 7.9.1 and clauses (a), (c), (d) and (e) of section 7.9.2 of By-law No. 79-200, no person shall use the land on the west side of Kalar Road, north of Lundy's Lane, designated R4 and numbered 581 on Sheet B4 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of a townhouse dwelling and accessory buildings and accessory structures, and except in compliance with By-law No. 2002-113. None of the provisions of subsection 7.7.2(a)(ii) of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the south side of Delta Drive east of Montrose Road designated R2 and numbered 582 on Sheet B5 of Schedule "A", as amended, or the erection or use of a semi-detached dwelling thereon, except in compliance with By-law No. 2002-115. Temporary use by-law no longer in effect as of June 18, 2005. In addition to the regulations contained in section 7.3.2 of By-law No. 79-200, as amended, no person shall use the land on the east side of Kalar Road north of Thorold Stone Road, designated R1C, in part and HL, in part and numbered 584 on Sheet B3 of Schedule "A", as amended, or erect or use any buildings or structures thereon, except in compliance with By-law No. 2002-130. None of the provisions of subsection 4.27.1, 8.6.2 (a), (b), (c), (d), (e), (g) and (h) of By-law No, 79-200, as amended, shall apply to prevent the use of the land bounded by Main Street, Stanley Avenue, Dixon Street and Dunn Street designated TC and numbered 585 on Sheet D5 of Schedule "A", as amended, or the erection or use of any building or structure thereon for a hotel having a height more than 12 metres, but not exceeding 66 metres, or 23 storeys, whichever is Tess, except in compliance with By-law No. 2002-136. 2002-135 19.1.587 Notwithstanding subsections 8.6.2 (b), (c), (d), (d), (f) and (g) of By-law No. 79- 224 2002-148 19.1.588 2002-151 19.1.589 2002-156 19.1.590 2002-168 19.1.591 200, as amended, no person shall use the land on the southeast corner of the intersection of Fallsview Boulevard and Portage Road, designated TC and numbered 562 and 587 on Sheet D5 of Schedule "A", as amended, or erect or use any building or structure thereon except for a hotel having a height of more than 12 metres but not exceeding 117 metres or 36 storeys, whichever is less, and except in compliance with By-law No. 2002-135. Refer to By-law No. 2002-148, as amended by By-law No. 2012-15. None of the provisions of section 7.7.1 of By-law No. 79-200, as amended, shall apply to prevent the land on the south side of Ferguson Street, designated R2 and numbered 589 on Sheet D3 of Schedule "A", as amended, and a one - family detached dwelling thereon from being used for the purpose of a Cottage Rental Dwelling, except in compliance with By-law No. 2002-151. None of the provisions of subsection 4.19.1(a), 8.6.2(a), (c) and (g) of By-law No. 79-200, as amended, shall apply to prevent the use of the land on the north side of Ferry Street, designated GC and numbered 590 on Sheet C4 of Schedule "A", as amended, or the erection and use of any building thereon having a height of more than 12 metres, or require all of the required parking spaces to be provided and maintained on the same land, except in compliance with By-law No. 2002-156. Notwithstanding the provisions of subsection 17.2(g) of By-law No. 79-200, as amended, no person shall use the land on the south side of Spring Street designated P and numbered 590 on Sheet C4 of Schedule "A", as amended, for any purpose other than a parking lot containing all of the required parking spaces that cannot be provided on the lands on the north side of Ferry Street, designated GC and numbered 590 and all except in compliance with By-law No. 2002-156. Notwithstanding the provisions of sections 2.29, 4.5, 4.13, 7.3.1 and 7.3.2 of By- law No. 79-200, as amended, no person shall use the land on the north side of Clare Crescent, west of a proposed street, west of Brookfield Avenue, designated FOC and numbered 591 on Sheet C5 of Schedule "A", as amended, except in compliance with By-law No. 2002-168. 225 2002-168 19.1.592 2002-180 19.1.593 2002-208 19.1.594 2002-202 19.1.595 2002-113 19.1.596 2002-209 19.1.597 Notwithstanding the provisions of subsection 7.3.2(c) of By-law No. 79-200, as amended, no person shall use the land north of Clare Crescent, south of Lundy's Lane, west of Brookfield Avenue and on the west side of a proposed street, designated R1C and numbered 592 on Sheet C4 of Schedule "A", as amended, or erect or use any buildings or structures thereon except in compliance with By-law No. 2002-168. None of the provisions of section 8.2.1 of By-law No. 79-200, as amended, shall apply to prevent the buildings on the land on the west side of Victoria Avenue designated GC and numbered 593 on Sheet D4 of Schedule "A", as amended, from being used for the purpose of tourist homes, each containing not more than four rooms for tourists, except in compliance with By-law No. 2002-180. Notwithstanding the provisions of section 7.9.1 and clauses (a), (b), (c), (d), (d), (g), (h) and (m) of section 7.9.2 and in addition to the regulations contained in section 7.9.2 of By-law No. 79-200, no person shall use the land on the east side of Ailanthus Avenue designated R4 and numbered 594 on Sheet C4 of Schedule "A", or erect or use any building or structure thereon for any purpose except for an apartment dwelling, and in compliance with By-law No. 2002-208. None of the provisions of subsections 8.6.2 (b), (c), (d) and (g) of By-law No. 79- 200 shall apply to prevent the land on the south side of Robinson Street, designated TC and numbered 595 on Sheets D4 and D5 of Schedule "A" from being used or the erection or use of any building or structure thereon for a hotel having a height of more than 12 metres, except in compliance with By-law No. 2002-202. None of the provisions of section 4.12 and subsection 8.7.2(c) of By-law No. 79- 200, as amended, shall apply to prevent a trailer camp site from being provided and maintained on the land on the north side of Lundy's Lane, designated CE and numbered 596 on Sheet B4 of Schedule "A", as amended, except in compliance with By-law No. 2002-113. None of the provisions of clause (a) of section 4.19.1 and clause (j) of section 9.2 of By-law No. 79-200, shall apply to prevent the use of the land on the northeast side of Main Street, south of Lundy's Lane designated 1 and numbered 597 on Sheet C5 of Schedule "A", as amended, or the erection or use of any 226 2002-210 19.1.599 2002-216 19.1.600 2003-123 19.1.601 2003-06 19.1.602 buildings or structures thereon for the purpose of a place of worship and a parish hall, except in compliance with By-law No. 2002-209. (a) None of the provisions of clause (a) of sections 4.27.1, and clauses (b), (c), (d), (e), (g) and (i) of section 8.6.2 of By-law No. 79-200, shall apply to prevent the land on the northeast corner of Fallsview Boulevard and Portage Road, designated TC and numbered 599 on Sheet D5 of Schedule "A", from being used or the erection or use of any building or structure thereon for the purpose of a hotel having a height of more than 12 metres or to require the owner or occupant of such hotel to provide and maintain all of the required parking on the same land as the hotel, except in compliance with By-law No. 2002-210. (b) Notwithstanding the provisions of section 17.1 and clauses (b), (d), (e), (f) and (g) of section 17.2 of By-law No. 79-200, no person shall use the land on the north side of Portage Road, designated P and numbered 599 on Sheet D5 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of a parking structure containing all of the required parking spaces that cannot be provided on the land on the northeast corner of Fallsview Boulevard and Portage Road, designated TC and numbered 599 and except in compliance with By-law No. 2002- 210. Temporary use by-law no longer in effect as of November 25, 2005. Notwithstanding the provisions of sections 2.20, 5.5 and 7.3.1 of By-law No. 79- 200, no person shall use the land on the north side of Main Street, through to Bridgewater Street, designated RIC and numbered 601 on Sheet E6 of Schedule "A" or use a one -family detached dwelling thereon, for the purpose of a tourist home containing not more than two bedrooms for tourists, except in compliance with By-law No. 2003-123. Notwithstanding the provisions of sections 4.27.1 and 9.1, clauses (a), (b), (c), (d), (f) and (i) of section 9.2 and in addition to the regulations contained in section 9.2 of By-law No. 79-200, no person shall use the land on the north side of McLeod Road, east of Garner Road, designated I and numbered 602 on Sheets B5 and B6 of Schedule "A", or erect or use any building or structure 227 thereon for any purpose except for a "Special Residence -Emergency and Temporary Care" and except in compliance with By-law No. 2003-06. 2003-09 19.1.603 Temporary use by-law no longer in effect as of January 12, 2006. 2003-37 19.1.604 Repealed by By-law No. 2005-104. 2003-38 19.1.605 Notwithstanding the provisions of section 8.4.1 and clauses (a), (c), (d), (e), (g), (i), and (j) of section 8.4.2 and in addition to the regulations contained in Table 1 of clause (a) and section 4.19.1 and section 8.4.2 of By-law No. 79-200, no person shall use the land on the south side of Morrison Street designated SC and numbered 605 on Sheets B3, B4, C3 and C4 of Schedule "A", or erect or use any buildings or structures thereon for any purpose except for free- standing or multiple groupings of retail stores and accessory uses and except in compliance with By-law No. 2003-38. 2003-07 19.1.606 2003-34 19.1.607 None of the provisions of section 4.27.1 of By-law No. 79-200 shall apply to prevent the use of the land on the north side of McLeod Road, east of Garner Road, designated RIE and numbered 606 on Sheets B5 and B6 of Schedule "A", or the erection or use of any building or structure thereon for the purpose of a one family detached dwelling, accessory buildings and accessory structures, except in compliance with By-law No. 2003-07. None of the provisions of section 7.15.1 and 7.15.2 of By-law No. 79-200, shall apply to prevent the land on the south side of Huron Street, designated R5F and numbered 607 on Sheet D3 of Schedule "A", from being used for the purpose of the one family detached dwelling and the accessory structure that exist on the date on which this by-law is passed, except in compliance with By-law No. 2003 -34. 2003-36 19.1.608 Repealed by By-law No. 2003-95. 2003-61 19.1.609 Temporary use by-law no longer in effect as of March 31, 2006. 2003-61 19.1.610 Temporary use by-law no longer in effect as of March 31, 2006. 2003-46 19.1.611 (a) None of the provisions of section 8.6.1 of By-law No. 79-200 shall apply 228 2004-159 2003-46 19.1.612 2003-75 19.1.613 2003-62 19.1.614 to prevent the use of the land on the south side of Marineland Parkway, designated TC and numbered 611 on Sheets D5 and D6 of Schedule "A" or the erection or use of any buildings or structures thereon for the purpose of a golf clubhouse for the lands designated OS and numbered 611 in part, and OS (H) and numbered 611 in part, and except in compliance with By-law No. 2003-46. (b) Notwithstanding the provisions of sections 14.1 and 14.2 of By-law No. 79-200, no person shall use the land on the east side of Drummond Road, through to Ramsay Road and Dorchester Road, designated OS and numbered 611 in part, and OS (H) and numbered 611 in part, on Sheets D6, C6 and C7 of Schedule "A", or erect or use any buildings or structures thereon for any purpose except for a golf course and accessory uses and accessory buildings and structures, and except in compliance with By-law No. 2003-46. None of the provisions of sections 14.1 and 14.2 of By-law No. 79-200 shall apply to prevent the use of the land on the east side of Drummond Road, through to Ramsay Road and Dorchester Road, designated OS and numbered 612 on Sheets C6 and C7 of Schedule "A", or the erection or use of any buildings or structures thereon for the purpose of the uses listed in section 11.2.1 of By-law No. 79-200, save and except for those uses in clauses (h), (j), (o), (t) and (u) of section 11.2.1 of By-law No. 79-200, and except in compliance with the regulations in section 11.2.2 of By-law No. 79-200 and except in compliance with By-law No. 2003-46. Notwithstanding the provisions of section 4.17.1 and clause (d) of 4.27.1 and in addition to the regulations contained in Section 8.2.2 of By-law 79-200, no person shall use the land on the north side of Thorold Stone Road, east of Portage Road, designated GC and numbered 613 on Sheet C3 of Schedule "A", or erect any buildings or structure thereon for any purpose, except in compliance with By-law No. 2003-75. None of the provisions of section 7.4.1 of By-law No. 79-200 shall apply to prevent the use of the land on the east side of Montrose Road, designated RI D and numbered 614 on Sheet B5 of Schedule "A", or the erection or use of any building or structure thereon for the purpose of a duplex dwelling or to 229 prevent not more than one of the dwelling units in the duplex dwelling from being used for the purpose of a tourist home containing not more that three bedrooms for tourists, except in compliance with By-law No. 2003-62. 2004-126 19.1.616 Repealed by By-law No. 2007-195. 2003-88 19.1.617 Repealed by By-law No. 2012-100. 2003-78 19.1.618 (a) Notwithstanding the provisions of clause (d) of section 7.3.2 of By-law No. 79-200, no person shall use the land at the southwest end of Lyon's Parkway, east of Ort Road, designated RIC and numbered 618 on Sheet D7 of Schedule "A", or erect or use any building or structure thereon except in compliance with By-law No. 2003-78. 2003-95 19.1.619 2003-98 (b) None of the provisions of section 7.3.1 of By-law No. 79-200 shall apply to prevent the use of the land at the southwest end of Lyon's Parkway, east of Ort Road, designated RIC and numbered 618 on Sheet D7 of Schedule "A", or the use of a one family detached dwelling thereon for the purpose of a tourist home containing not more than two bedrooms for tourists, except in compliance with By-law No. 2003-78. (a) None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to prevent the use of the land on the southeast corner of McLeod Road and Kalar Road, designated LI and numbered 619 on Sheets B5 and B6 of Schedule "A", or the erection or use of any buildings or structures thereon for the purpose of one convenience store, one coffee shop, one personal service shop and one retail store, except in compliance with By-law No. 2003-95. (b) Notwithstanding the provisions of clause (f) of section 11.2.2 of By-law No. 79-200 no person shall use the land on the southeast corner of McLeod Road and Kalar Road, designated LI and numbered 619 on Sheets B5 and B6 of Schedule "A", or erect or use any buildings or structures thereon, except in compliance with By-law No. 2003-95. 19.1.620 None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to 230 2003-102 19.1.621 2003-121 19.1.622 2003-116 19.1.623 2003-116 19.1.624 prevent the use of the land on the northwest corner of Second Avenue and Maple Street, designated R2 and numbered 620 on Sheet D3 of Schedule "A", or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than three bedrooms for tourists, except in compliance with By-law No. 2003-98. None of the provisions of clause (a) of section 4.19.3 and section 7.5.1 of By- law No. 79-200 shall apply to prevent the use of the land on the northeast corner of Murray Street and Pinegrove Avenue, designated R1 E and numbered 621 on Sheet C5 of Schedule "A", or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than three bedrooms for tourists, except in compliance with By-law No. 2003-102. (a) None of the provisions of section 8.2.1 of By-law No. 79-200 shall apply to prevent the use of the land on the east side of Portage Road, designated GC and numbered 622 on Sheet C3 of Schedule "A", or the erection or use of any buildings or structures thereon for the purpose of a retirement home, except in compliance with By-law No. 2003-121. (b) Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1 and clauses (a), (b), (c), (d), (g) and (1) of section 8.2.2 of By-law No. 79- 200, no person shall use the land on the east side of Portage Road, designated GC and numbered 622 on Sheet C3 of Schedule "A", or erect or use any buildings or structures thereon for the purpose of a retirement home, except in compliance with By-law No. 2003-121. Notwithstanding the provisions of subclause (iii) of clause (d) of section 12.1 and clause (a) of section 12.2 of By-law No. 79-200, no person shall use the land on the east side of Beechwood Road, south of Thorold Stone Road, shown hatched and designated A and numbered 623 on Sheet A3 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By- law No. 2003-116. Notwithstanding the provisions of clause (a) of section 12.2 of By-law No. 79- 200, no person shall use the land on the east side of Beechwood Road, south of Thorold Stone Road, shown hatched and designated A and numbered 624 on Sheet A3 of Schedule "A", or erect or use any building or structure 231 2003-156 19.1.627 2003-130 19.1.628 2003-132 19.1.629 2003-131 19.1.630 2003-163 19.1.631 thereon, except in compliance with By-law No. 2003-116. Notwithstanding the provisions of sections 4.27.1 and 7.11.1 and clauses (a), (b), (c), (d), (e), (g), (h), (j) and (m) of section 7.11.2 of By-law No. 79-200, no person shall use the land on the east side of Drummond Road, designated R5B and numbered 627 on Sheet C5 of Schedule "A", or erect or use any buildings or structures thereon, except for the purpose of two, three-storey apartment dwellings, one of which may contain commercial uses permitted by section 8.1.1 of By-law No. 79-200, except in compliance with By-law No. 2003-156. Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, section 7.7.1 and clauses (a), (b), (d), (e), (f), (g) and (k) of section 7.7.2 of By-law No.79-200, no person shall use the land on the southwest corner of Terrace Avenue and Elgin Street, designated R2 and numbered 628 on Sheet D3 of Schedule "A", or erect or use any buildings or structures thereon, except for the purpose of an inn, which may include a spa and except in compliance with By-law No. 2003-130. Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c), (d), (e) and (f) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the northwest corner of Drummond Road and Taylor Street, designated NC and numbered 629 on Sheet C5 of Schedule "A", or erect or use any buildings or structures thereon, except the building existing on the date this by-law is passed and one additional building, and except in compliance with By-law No. 2003-132. Notwithstanding the provisions of clauses (a), (b), (c), (h) and (m) of section 7.11.2 of By-law No. 79-200, no person shall use the land on the west side of Montrose Road, south of Thorold Stone Road, designated R5B and numbered 630 on Sheet B3 of Schedule "A", or erect or use any buildings or structures thereon, except in compliance with By-law No. 2003-131. None of the provisions of clauses (f) and (g) of section 8.6.2 of By-law No. 79- 200 shall apply to prevent the use of the land on the west side of Victoria Avenue, designated TC and numbered 631 on Sheet D4 of Schedule "A", or the erection or use of any buildings or structures thereon, except in compliance with By-law No. 2003-163. 232 2003-180 19.1.632 As amended by OMB order 2003-143 19.1.633 2003-159 19.1.634 2003-164 19.1.635 2018-89 Notwithstanding the provisions of section 14.1 of By-law No. 79-200, no person shall use the land on the north and south sides of Roberts Street, east of Stanley Avenue, designated OS and numbered 632 on Sheet D4 of Schedule "A", or erect or use any buildings or structures thereon for any purpose, except in compliance with By-law No. 2003-180. Notwithstanding the provisions of clause (a) of section 2.17.7, sections 2.17.9 and 7.9.1, clauses (a), (c), (d), (e), (g) and (m) of section 7.9.2 and clause (a) and subclause (iii) of clause (c) of section 7.9.3 of By-law No. 79-200, no person shall use the land on the east side of Mears Crescent, designated R4 and numbered 633 on Sheet E6 of Schedule "A", or erect or use any buildings or structures thereon, except for the purpose of group dwellings, accessory buildings and accessory structures, and except in compliance with By-law No. 2003-143. None of the provisions of sections 8.8.1 and 8.8.2 of By-law No. 79-200 shall apply to prevent the land on the southwest corner of Slater Avenue and North Street, designated DTC and numbered 634 on Sheet D4 of Schedule "A", or the use of the existing building situated thereon, for the purpose of a contractor's or tradesman's shop, except in compliance with By-law No. 2003-159. (a) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200 and clause (c) of section 2 and clause (c) of section 3 of By-law No. 99-104, shall apply to the extent to require all of the required parking spaces for all of the permitted uses and buildings and structures on the east side of Victoria Avenue, designated TC and numbered 635 on Sheet D4 of Schedule "A", to be provided and maintained on the same land or on the land on the east side of Victoria Avenue, through to Clark Avenue, designated TC and numbered 478, except in compliance with By-law No. 2003-164; (b) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200, shall apply to the extent to require all of the required parking spaces for all of the permitted uses and the buildings and structures on the east side of Victoria Avenue through to Clark Avenue, designated TC and numbered 635 on Sheet D4 of Schedule "A", to be provided and maintained on the same land, except in compliance with By-law No. 233 (c) 2003-164; None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200, shall apply to the extent to require all of the required parking spaces for all of the permitted uses and the buildings and structures on the southwest corner of Fallsview Boulevard and Dixon Street, through to Main Street, designated TC and numbered 635 on Sheet D5 of Schedule "A", to be provided and maintained on the same land, except in compliance with By-law No. 2003-164; (d) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200 and clause (a) of section 2 of By-law No. 2001-223, shall apply to the extent to require all of the required parking spaces for all of the permitted uses and the buildings and structures on the southeast corner of Fallsview Boulevard and Portage Road, designated TC and numbered 635 on Sheet D5 of Schedule "A", to be provided and maintained on the same land or on the land on the north side of Dunn Street designated P and numbered 562, except in compliance with By- law No. 2003-164; (e) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200 and clause (c) of section 2 of By-law No. 2000-103, shall apply to the extent to require all of the required parking spaces for all of the permitted uses and the buildings and structures on the east side of Fallsview Boulevard, designated TC and numbered 635 on Sheet D5 of Schedule "A", to be provided and maintained on the same land or on the land on the southeast corner of Fallsview Boulevard and Portage Road, designated TC and numbered 512 or on the land on the north side of Dunn Street, designated P and numbered 511, except in compliance with By-law No. 2003-164; (f) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200, shall apply to the extent to require all of the required parking spaces for all of the permitted uses and the buildings and structures on the land on the east side of Fallsview Boulevard, designated TC and numbered 635 on Sheet D5 of Schedule "A", to be provided and maintained on the same land, except in compliance with By-law No. 2003-164; 234 2003-157 19.1.636 2003-169 19.1.637 2003-186 19.1.638 (g) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200 shall apply to the extent to require all of the required parking spaces for all of the permitted uses and buildings and structures on the land on the north side of Dunn Street, designated P and numbered 635, on Sheet D5 of Schedule "A", to be provided and maintained on the land on the north side of Dunn Street, designated P and numbered 635, on Sheet D5 of Schedule "A", except in compliance with By-law No. 2003-16; and (h) Notwithstanding the provisions of section 17.1 and 17.2 of By-law No. 79- 200, no person shall use the land on the south side of Dunn Street, designated P and numbered 635 on Sheet C5 of Schedule "A", or erect or use any buildings or structures thereon except for the purpose of a satellite parking lot and an accessory administration/security/em ployee building, except in compliance with By-law No. 2003-164. None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the use of the land on the north side of Simcoe Street, west of Victoria Avenue, designated R2 and numbered 636 on Sheet D4 of Schedule "A", or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than three bedrooms for tourists, except in compliance with By-law No. 2003-157. None of the provisions of clause (a) of section 4.19.1, section 8.6.1 and clause (i) of section 8.6.2 of By-law No. 79-200 shall apply to prevent the use of the land on the northwest corner of Fallsview Boulevard and Robinson Street, designated TC and numbered 637 on Sheet D4 of Schedule "A", or the use of the existing building situated thereon, for the purpose of a tattoo studio, except in compliance with By-law No. 2003-169. None of the provisions of clause 19.1.31 of Section 19 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Earl Thomas Avenue, designated LI and numbered 638 on Sheet C6 of Schedule "A", or the use of a building thereon, for the purpose of a used car lot, except in compliance with By-law No. 2003-186. 2004-90. 19.1.639 None of the provisions of section 12.1 of By-law No. 79-200 shall apply to prevent the use of the land on the north side of Lundy's Lane, designated A and 235 2003-191 19.1.640 2003-198 19.1.641 2003-203 19.1.642 2004-112 19.1.643 2015-56 2003-204 19.1.644 numbered 639 on Sheet A5 of Schedule "A", or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than four bedrooms for tourists, except in compliance with By-law No. 2004-90. None of the provisions of clause (d) of section 4.13 and clauses (a), (b), (e) and (h) of section 7.8.2 of By-law No. 79-200 shall apply to prevent the use of the land on the south side of Ellis Street, designated R3 and numbered 640 on Sheet D3 of Schedule "A", or the existing dwelling thereon, for the purpose of a triplex dwelling and the existing accessory building thereon, for the purpose of a private garage, except in compliance with By-law No. 2003-191. None of the provisions of section 8.1.1 of By-law No. 79-200 shall apply to prevent the use of the land on the north side of Thorold Stone Road, designated NC and numbered 641 on Sheet C3 of Schedule "A", or the use of any building or structure thereon, for the purpose of a day nursery, except in compliance with By-law No. 2003-198. Notwithstanding the provisions of section 11.2.1 and clauses (b), (c), (d), (e), (f) and (j) of section 11.2.2 of By-law No. 79-200, no person shall use the land at the northwest corner of Stanley Avenue and Fruitbelt Parkway, designated LI and numbered 642 on Sheet C1 of Schedule "A", or erect or use any buildings or structures thereon, for the purpose of a waste vehicle storage compound, except in compliance with By-law No. 2003-203. Repealed by By-law No. 2015-56. None of the provisions of clause (a) of section 4.27.1 and clauses (a), (b), (c), (d) and (g) of section 8.6.2 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Stanley Avenue, through to Allendale Avenue, designated TC and numbered 644 on Sheet D4 of Schedule "A", or the erection or use any buildings or structures thereon for the purpose of a hotel, having building heights greater than 12 metres, except in compliance with By-law No. 2003-204. 2004-17 19.1.645 None of the provisions of section 2.28, clause (a) of section 4.27.1 and clauses 236 2004-34 19.1.646 2004-46 19.1.647 2004-46 19.1.648 2004-46 19.1.649 2004-45 (a), (b), (c), (d) and (g) of section 8.6.2 of By-law No. 79-200 shall apply to prevent the use of the land on the east side of Stanley Avenue, through to Fallsview Boulevard and Robinson Street, designated TC and numbered 645 on Sheets D4 and D5 of Schedule "A", or the erection or use of any buildings or structures thereon for the purpose of a hotel, having building heights greater than 12 metres, except in compliance with By-law No. 2004-17. None of the provisions of sections 2.31, 2.56.1, 2.56.2, 4.11 and 4.27.1, clauses (a), (b) and (c) of section 7.9.1 and sections 7.9.2 and 7.9.3 of By-law No. 79- 200 shall apply to prevent the use of the land on the east side of Kalar Road, north of Costabile Drive, designated R4 and numbered 646 on Sheet B3 of Schedule "A", or the erection or use of any buildings or structures thereon for the purpose of a maximum of 6 semi-detached dwellings and 1 one- family detached dwelling, except in compliance with By-law No. 2004-34. Notwithstanding the provisions of section 14.1 and clause (a) and subclauses (b)(i), (iii), (iv), (vi), (viii) and (ix) of section 14.2 of By-law No. 79-200, no person shall use the land on the west side of Garner Road, through to Beechwood Road, designated OS and numbered 647 on Sheet A5 of Schedule "A", or erect or use any buildings or structures thereon for any purpose except for a golf course, golf driving range and accessory uses and accessory buildings or structures, and except in compliance with By-law No. 2004-46. None of the provisions of section 12.1 and clauses (a), (b) and (d) of section 12.2 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Garner Road, designated A and numbered 648 on Sheet A5 of Schedule "A", or the use of 1 one family detached dwelling thereon for the purpose of a cottage rental dwelling, except in compliance with By-law No. 2004-46. None of the provisions of section 12.1 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Garner Road, designated A and numbered 649 on Sheet A5 of Schedule "A", or the use of 1 one family detached dwelling thereon for the purpose of a cottage rental dwelling, except in compliance with By-law No. 2004-46. 19.1.651 Notwithstanding the provisions of clause (i) of section 7.5.2 and in addition to the regulations contained in section 7.5.2 of By-law No. 79-200, no person shall use 237 2004-45 19.1.652 2005-93 19.1.653 the land on the south side of Feren Drive, west of Kalar Road and north of Lundy's Lane, designated R1 E and numbered 651 on Sheet B4 of Schedule "A", or erect or use any buildings or structures thereon, except in compliance with By-law No. 2004-45. Notwithstanding the provisions of clauses (a), (b), (c), (g) and (i) of section 7.5.2 and in addition to the regulations contained in section 7.5.2 of By-law No. 79- 200, no person shall use the land south of Feren Drive, west of Kalar Road and north of Lundy's Lane, designated RIE and numbered 652 on Sheet B4 of Schedule "A", or erect or use any buildings or structures thereon, except in compliance with By-law No. 2004-45. Notwithstanding the provisions of sections 2.22, 2.31 and 8.4.1 and clauses (b), (i) and (j) of section 8.4.2 and in addition to the regulations contained in Table 1 of clause (a) of section 4.19.1 and the remaining clauses of section 8.4.2 of By-law No. 79-200, no person shall use the land on the northwest corner of McLeod Road and Montrose Road designated SC and numbered 653 on Sheet B5 of Schedule "A", or erect or use any building or structure thereon for any purpose except one warehouse membership club, one supermarket, and one or more of the following uses: commercial services, community building, recreational uses, restaurant and retail store, excluding a department store, and except in compliance with By-law No. 2005-93. 2005-198 19.1.654 Refer to By-law No. 2018-75. 2012-42 2017-58 2018-75 2005-198 19.1.655 2018-75 2004-84 19.1.656 Refer to By-law No. 2018-75. None of the provisions of section 7.16.1 and clause (a) of section 7.16.2 of By- law No. 79-200 shall apply to prevent the use of the land on the southwest corner of Drummond Road and Barker Street, designated TRM and numbered 656 on Sheet C4 of Schedule "A", or the use of the existing building thereon, for the purposes of not more than two offices and one dwelling unit, except in compliance with By-law No. 2004-84. 238 2004-72 19.1.657 2004-73 19.1.658 2004-81 19.1.659 2004-82 19.1.660 2004-96 19.1.661 Notwithstanding the provisions of section 4.17.1, clause (d) of section 4.27.1 and clauses (a), (b), (c), (d), (e), (f), (g) and (m) of section 7.11.2 of By-law No.79-200, no person shall use the land on the northwest corner of Main Street and Oliver Street, designated R5B and numbered 657 on Sheet E6 on Schedule "A" or erect or use any buildings or structures thereon, except in compliance with By-law No. 2004-72. None of the provisions of section 2.28 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Fallsview Boulevard, through to Stanley Avenue, designated TC and numbered 658 on Sheet D5 of Schedule "A", or the erection or use of any buildings or structures thereon for the purpose of a hotel, which does not provide public meeting rooms, except in compliance with By-law No. 2004-73. None of the provisions of section 7.7.1 of By-law 79-200 shall apply to prevent the use of the land on the south side of Maitland Street, west of Leonard Street, designated R2 and numbered 659 on Sheet C4 of Schedule "A", or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than three bedrooms for tourists, except in compliance with By-law No. 2004-81. None of the provisions of sections 4.27.1 and 8.9.1 and clauses (e), (f), (g), (h) and (1) of section 8.9.3 of By-law No. 79-200 shall apply to prevent the use of the land on the southeast corner of Thorold Stone Road and Dorchester Road, designated AS and numbered 660 on Sheet C3 of Schedule "A", or the erection or use of any buildings or structures thereon for the purposes of a gasoline bar and an accessory retail store, except in compliance with By-law No. 2004- 82. Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c), (d), (e), (h) and (m) of section 7.10.2 of By-law No. 79-200, no person shall use the land on the east side of Dorchester Road, designated R5A and numbered 661 on Sheet C5 of Schedule "A", or erect or use any buildings or structures thereon for the purpose of an apartment dwelling, except in compliance with By-law No. 2004-96. 2006-106 19.1.662 None of the provisions of clause (c) of section 10.5 of By-law No. 79-200 shall 239 2004-117 19.1.663 2004-133 19.1.664 2004-123 19.1.665 2004-137 19.1.666 apply to prevent the use of the land on the southwest corner of Montrose Road and Chippawa Creek Road, designated PI and numbered 662 on Sheet B7 of Schedule "A", or the use of a building thereon for the purpose of a hotel and a body -rub parlour, except in compliance with By-law No. 2006-106. Temporary use by-law no longer in effect as of June 13, 2006. None of the provisions of sections 12.1 and 12.2 of By-law No. 79-200 shall apply to prevent the use of the land on the east side of Garner Road, designated A and numbered 664 on Sheets A3 and A4 of Schedule "A", or the erection or use of any buildings or structures thereon, in accordance with the provisions contained in section 13.1 and 13.2 of By-law No. 79-200, save and except for subclause (b)(i) of section 13.2 of By-law No. 79-200, except in compliance with By-law No. 2004-133. Notwithstanding the provisions of section 4.17.1 , Table 1 of clause (a) of section 4.19.1, section 11.3.1 and clauses (a), (b), (c), (d), (f), (g), (h), (i), (j) and (m) of section 11.3.2 of By-law No.79-200, no person shall use the land on the east side of Sinnicks Avenue, designated GI and numbered 665 on Sheet C3 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of an indoor recreational facility and except in compliance with By- law No. 2004-123. None of the provisions of clause (a) of section 4.27.1 and subclauses (b)(i), (b)(ii), (b)(iii), (b)(iv) and (b)(vii) of section 14.2 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Kalar Road, designated OS and numbered 666 on Sheet B5 of Schedule "A", or the erection or use of any building or structure thereon, for the purpose of indoor soccer, other similar recreational uses and ancillary uses, except in compliance with By-law No. 2004-137. 2004-216 19.1.667 (a) None of the provisions of section 2.28 of By-law No. 79-200 shall apply to prevent the use of the land on the northeast corner of Stanley Avenue and Forsythe Street, designated TC and numbered 667 on Sheet D4 of Schedule "A", or the erection or use of any building or structure thereon for the purpose of a hotel, which does not provide a public dining room except in compliance with By-law No. 2004-216. 240 2004-136 19.1.668 (b) Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c), (d), (e), and (g) of section 8.6.2 of By-law No. 79-200, no person shall use the land on the northeast corner of Stanley Avenue and Forsythe Street, designated TC and numbered 667 on Sheet D4 of Schedule "A", or erect or use any building or structure thereon, having a building height greater than 12 metres, except in compliance with By-law No. 2004-216. Notwithstanding the provisions of section 8.2.1. of By-law No. 79-200, no person shall use the land on the north side of Virginia Street, designated GC and numbered 668 on Sheet C3 of Schedule "A", or erect or use any buildings or structures thereon, except for the purposes of a dwelling unit which may be located on the ground floor and those uses listed in clauses (c), (h), (j), (I), (v), (x), (y), (bb), (hh) and (ii) of section 8.2.1 of By-law No. 79-200, and except in compliance with By-law No. 2004-136. 2004-132 19.1.669 Repealed by By-law No. 2016-35. 2005-54 19.1.670 Notwithstanding the provisions of sections 2.44, 4.13 and 7.9.1 and clauses (a), (b), (c), (d), (e), (g) and (m) of section 7.9.2 of By-law No. 79-200, no person shall use the land on the north and west sides of Stanton Avenue, designated R4 and numbered 670 on Sheet D3 of Schedule "A", or erect or use any building or structure thereon, except for the purposes of an apartment dwelling and an accessory building, and except in compliance with By-law No. 2005-54. 2004-191 19.1.671 2005-136 (a) None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to prevent the use of the land on the north side of Thorold Stone Road and west side of Stanley Avenue, designated LI and numbered 671 on Sheets C2 and C3 of Schedule "A", or the erection or use of any building or structure thereon, except in compliance with By-law No. 2004-191. (b) Notwithstanding the provisions of clause (g) of section 11.2.2 of By-law No. 79-200, no person shall use the land on the north side of Thorold Stone Road and west side of Stanley Avenue, designated LI and numbered 671 on Sheets C2 and C3 of Schedule "A", or erect or use any 241 2004-163 19.1.672 2005-131 19.1.674 2009-03 2004-158 19.1.675 2004-157 19.1.676 2004-157 19.1.677 building or structure thereon, except in compliance with By-law No. 2004-191. Notwithstanding the provisions of section 11.2.1 and clause (j) of section 11.2.2 of By-law No. 79-200, no person shall use the land on the east side of Kinsmen Court designated LI and numbered 672 on Sheet B5 of Schedule "A", or erect or use any building or structure thereon for the purposes of a warehouse, which may include a retail store and a museum as accessory uses, except in compliance with By-law No. 2004-163. Notwithstanding the provisions of Table 1 of clause (a) and clause (c) of section 4.19.1, and sections 7.9.1, 7.9.2 and 7.9.3 of By-law No. 79-200, no person shall use the land on the east side of Montrose Road, designated R4 and numbered 674 on Sheet B2 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of 75 townhouse dwelling units, with each townhouse dwelling containing no more than 8 dwelling units, and except in compliance with By-law No. 2005-131. None of the provisions of section 7.15.1 and 7.15.2 of By-law No. 79-200, shall apply to prevent the use of the land on the northwest corner of Morrison Street and Ontario Avenue, designated R5F and numbered 675 on Sheet D3 of Schedule "A", or the use of the two buildings existing thereon, on the date on which By-law No. 2004-158 is passed, for the purpose of one 2 -unit dwelling and one 3 -unit dwelling, except in compliance with By-law No. 2004 -158. No person shall use the land on the west side of Garner Road, north of Lundy's Lane, designated EPA and numbered 676 on Sheet A4 of Schedule "A", for any purpose, or permit any building or structure to be erected on the land or permit any soil, sand, gravel, rubbish or other similar material to be placed or dumped, or remove any soil or regrade any of the land, except for public services including walkways, except in compliance with By-law No. 2004-157. None of the provisions of sections 4.13, 4.14 and 7.5.2 of By-law No. 79-200, shall apply to permit a person to erect or use any building or structure, save and except for a fence, on the land on the west side of Garner Road, north of 242 Lundy's Lane, designated RIE and numbered 677 on Sheet A4 of Schedule "A", except in compliance with By-law No. 2004-157. 2004-183 19.1.678 Repealed by By-law No. 2008-13. 2004-192 19.1.679 2004-187 19.1.680 2004-209 19.1.683 Notwithstanding the provisions of sections 4.19.1, 4.27.1 and 8.6.1 and clause (i) of section 8.6.2 of By-law No. 79-200, no person shall use the land on the southeast corner of Stanley Avenue and Spring Street, designated TC and numbered 679 on Sheet D4 of Schedule "A", or use the existing building thereon, for the purpose of a tattoo studio or retail store on the first floor and one accessory dwelling unit on the second floor, except in compliance with By- law No. 2004-192. Temporary use by-law no longer in effect as of October 18, 2007. None of the provisions of clause (h) of section 8.1.2 of By-law No. 79-200 shall apply to prevent the use of the land on the southwest corner of Thorold Stone Road and Confederation Avenue, designated NC and numbered 683 on Sheet C3 of Schedule "A" or the use of the existing buildings thereon for the purpose of one or more of the following uses: bake shop, bank, trust company, credit union, currency exchange, clinic, office, personal service shop, retail store and service shop, except in compliance with By-law No. 2004-209. 2004-210 19.1.684 Repealed by By-law No. 2009-86. 2005-44 19.1.685 Repealed by By-law No. 2008-131. 2004-230 19.1.687 Notwithstanding the provisions of clause (c) of section 7.3.2 of By-law No. 79- 200, no person shall use the land on the east side of Garner Road, north of McGarry Drive, designated RIC and numbered 687 on Sheet B5 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2004-230. 2004-229 19.1.688 None of the provisions of section 4.13 and 4.14 and clauses (d), (e) and (f) of section 7.5.2 of By-law No. 79-200, shall apply to permit the placement of a one family detached dwelling and/or an accessory building or accessory structure on the land east of Kalar Road, northwest of the CN railway line and 243 southwest of the proposed Highway 420 extension, designated R1E and numbered 688 on Sheet B4 of Schedule "A", except in compliance with By-law No. 2004-229. 2005-35 19.1.690 Repealed by By-law No. 2008-109. 2005-12 19.1.691 None of the provisions of sections 2.42 and 8.6.1 By-law No.79-200 shall apply to prevent the use of the land on the north side of Lundy's Lane, east of Kalar Road designated TC and numbered 691 on Sheet B4 of Schedule "A", or the use or erection of any building or structure thereon for the purpose of a billiard hall, except in compliance with By-law No. 2005-12. 2005-11 19.1.693 2005-36 19.1.694 2005-47 19.1.695 2005-55 19.1.696 2005-196 None of the provisions of clauses (c) and (d) of section 8.2.2 of By-law No. 79- 200 shall apply to prevent the use of the land on the northeast corner of Drummond Road and Lundy's Lane, designated GC and numbered 693 on Sheet C4 of Schedule "A", or the erection or use of any building or structure thereon, except in compliance with By-law No. 2005-11. (a) Notwithstanding the provisions of section 2.31 of By-law No. 79-200, the land on the west side of Kent Avenue, south of Gallinger Street, designated LI and numbered 694 on Sheet B3 of Schedule "A" shall be considered one lot. (b) None of the provisions of clauses (d) and (f) of section 11.2.2 of By-law No. 79-200, shall apply to prevent the use of land on the west side of Kent Avenue, south of Gallinger Street, designated LI and numbered 694 on Sheet B3 of Schedule "A" or the erection or use of a building or structure thereon, except in compliance with By-law No. 2005-36. Notwithstanding the provisions of sections 16.1 and 16.2 of By-law No. 79-200, no person shall use the land on the north side of Main Street, designated HL and numbered 695 on Sheet D6 of Schedule "A" or erect or use any building or structure thereon, for the purpose of a one family detached dwelling, except in compliance with By-law No. 2005-47. Notwithstanding the provisions of sections 2.31, 4.27.1 and 8,2.1 and clauses (a), (b), (c), (d), (e) and (g) of section 8.2.2 of By-law No. 79-200, no person 244 2005-55 19.1.697 2005-196 2011-118 2005-43 19.1.698 2005-33 19.1.699 2005-33 19.1.700 shall use the land at the south west corner of McLeod Road and Alex Avenue, designated GC and numbered 696 on Sheet C5 of Schedule "A" or erect or use any building or structure thereon, for any purpose except for a hotel, and except in compliance with By-law No. 2005-55. Notwithstanding the provisions of sections 2.31, 4.27.1 and 8.2.1 and clauses (a), (b), (c), (g) and (h) of section 8.2.2 of By-law No. 79-200 no person shall use the land on the south side of McLeod Road, west of Alex Avenue, designated GC and numbered 697 on Sheet C5 of Schedule "A", or erect or use any building or structure thereon, for the purpose of one or more of the uses allowed by clauses (a) to (o) inclusive, (q), (r) and (t) to (pp) inclusive, of section 8.2.1 of By-law No. 79-200 as amended, except in compliance with By-law No. 2005-55. (a) Notwithstanding the provisions of sections 4.27.1 and 5.7 and clauses (c) and (f) of section 7.5.2 of By-law No. 79-200, no person shall use the land on the east side of Stanley Avenue and north side of Portage Road, designated RIE and numbered 698 on Sheets C1 and C2 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2005-43. (b) None of the provisions of section 4.19.3 of By-law No. 79-200 shall apply to prevent the construction of driveways and turnaround areas on the land on the east side of Stanley Avenue, north of Portage Road, designated R1 E and numbered 698 on Sheets 01 and C2 of Schedule "A", except in compliance with By-law No. 2005-43. Notwithstanding the provisions of sections 2.31.8 and 4.19.3 and clauses (b), (c), (d) and (e) of section 7.4.2 and in addition to the regulations contained in section 7.4.2 of By-law No. 79-200, no person shall use the land on the south side of Graham Street, west of Delta Drive, designated R1 D and numbered 699 on Sheet B5 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2005-33. Notwithstanding the provisions of clauses (c), (d) and (e) of section 7.4.2 and in addition to the regulations contained in section 7.4.2 of By-law No. 79-200, no person shall use the land on the south side of Graham Street, west of Delta 245 Drive, designated RID and numbered 700 on Sheet B5 of Schedule "A", except in compliance with By-law No. 2005-33. 2010-99 19.1.701 Refer to By-law No. 2010-99. 2005-104 19.1.702 Notwithstanding the provisions of sections 2.22, 2.31 and 8.4.1 and clauses (a), (c), (d), (e), (f), (g), (i) and (j) of section 8.4.2 and in addition to the regulations contained in section 8.4.2 of By-law No. 79-200, no person shall use the land on the southwest corner of Morrison Street and Dorchester Road designated SC and numbered 702 on Sheets C3 and C4 of Schedule "A", or erect or use any building or structure thereon for any purpose except one or more of the following uses: bank, trust company, credit union, currency exchange, clinic, health centre, office, personal service shop, photographer's studio, place of entertainment, restaurant, retail store (which shall not include a supermarket), service shop, veterinarian's office, and beer, wine or liquor store, and except in compliance with By-law No. 2005-104. 2005-103 19.1.703 2005-100 19.1.704 Notwithstanding the provisions of 2.22, 2.31.5, 2.31.8, 2.65.2, 4.27.1 and 8.4.1 and clauses (a), (b), (c), (d), (e), (f), (i), (j), and (k) of section 8.4.2 and in addition to the regulations contained in Table 1 of clause (a) of section 4.19.1 and the remaining clauses of section 8.4.2 of By-law No. 79-200, no person shall use the land within the northwest quadrant of Dorchester Road and Highway 420 designated SC(H) and numbered 703 on Sheet C4 of Schedule "A", or erect or use any building or structure thereon for any purpose except one supermarket and one or more of the following uses: commercial services, car wash, gasoline bar and retail store, except in compliance with By-law No. 2005-103. Notwithstanding the provisions of sections 2.31, 4.17.1, 7.9.1, 7.9.2 and 7.9.3 of By-law No. 79-200, no person shall use the land on the west side of Montrose Road, south of Gallinger Street, designated R4 and numbered 704 on Sheet B3 of Schedule "A" or erect or use any building or structure thereon, except for the purpose of townhouse dwellings, with each containing no more than 8 dwelling units, and one accessory building, and except in compliance with By-law No. 2005-100. 2005-74 19.1.706 None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Kent Avenue, south of Morrison 246 19.1.707 2005-65 2005-65 19.1.708 2005-84 19.1.709 2005-84 19.1.710 Street, designated LI and numbered 706 on Sheets B3 and B4 of Schedule "A", or the erection or use of one building or structure thereon, for the purpose of a dance studio with a maximum floor area of 350 square metres, except in compliance with By-law No. 2005-74. Notwithstanding the provisions of section 2.31.9 of By-law No. 79-200, no person shall use the land on the east side of Garner Road, north of McGarry Drive, designated R1 E and numbered 707 on Sheet B5 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By- law No. 2005-65. No person shall use the land east of Garner Road and north of McGarry Drive, designated EPA and numbered 708 on Sheet B5 of Schedule "A", except in compliance with By-law No. 2005-65. (a) Notwithstanding the provisions of clause (c) of section 4.19.1, and subclauses (a)(ii) and (a)(iii), clause (c), subclause (e)(ii) and clause (g) of section 7.8.2, and in addition to the regulations contained in section 7.8.2 of By-law No. 79-200, no person shall use the land east of Garner Road, north of Westport Drive and on the south side of the hydro corridor, designated R3 and numbered 709 on Sheet B5 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2005-84. (b) None of the provisions of clauses (c) and (d) of section 4.13, clause (d) of section 4.14 and subclause (e)(i) of section 7.8.2 of By-law No. 79-200 shall apply to permit the placement of an accessory building, accessory structure or a dwelling on the land east of Garner Road, north of Westport Drive and on the south side of the hydro corridor, designated R3 and numbered 709 on Sheet B5 of Schedule "A", except in compliance with By-law No. 2005-84. No person shall use the land on the east side of Garner Road, north of McGarry Drive and on the south side of the hydro corridor, designated EPA and numbered 710 on Sheets A5 and B5 of Schedule "A", except in compliance with By-law No. 2005-84. 247 2005-86 19.1.711 Repealed by By-law No. 2007-230. 2005-85 2006-62 19.1.712 2005-108 19.1.713 2005-120 19.1.714 2015-113 2005-188 19.1.716 (a) Notwithstanding the provisions of section 2.31 and clause (g) of section 8.6.2 of By-law No. 79-200, no person shall use the land on the southwest corner of Bender Street and Falls Avenue, designated TC and numbered 712 on Sheet D4 of Schedule "A", or erect or use any building or structure thereon, for the purpose of an enclosed elevated pedestrian walkway, except in compliance with By-law No. 2005-85. (b) Notwithstanding the provisions of section 2.31 and clause (g) of section 8.6.2 of By-law No. 79-200, no person shall use the land on the southwest corner of Bender Street and Falls Avenue, designated TC and numbered 712 on Sheet D4 of Schedule "A", or erect or use any building or structure thereon, for the purpose of a parking garage and an enclosed waterpark, except in compliance with By-law No. 2005-85. None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to prevent the use of the land on the east side of Montrose Road, north of Morrison Street, designated LI and numbered 713 on Sheet B3 of Schedule "A", or the erection or use of one building or structure thereon, for the purpose of an indoor recreation facility with a maximum floor area of 650 square metres, except in compliance with By-law No. 2005-108. Refer to By-law No. 2015-113. None of the provisions of section 2.31.1, Table 1 of clause (a) of section 4.19.1, section 8.6.1 and clause (g) of section 8.6.2 of By-law No. 79-200, shall apply to prevent the use of the land located between Clifton Hill and Robinson Street, west of Queen Victoria Park, designated TC and numbered 716, on Sheet D4 of Schedule "A", or the erection or use of any building or structure thereon, for the purpose of a midway and amusement centre that may contain various indoor and outdoor mechanical and electronic amusement rides and devices, except in compliance with By-law No. 2005-188. 2005-188 19.1.717 Notwithstanding the provisions of sections 2.26 and 2.31.1 and clauses (a), (b), 248 2006-18 19.1.718 2005-155 19.1.720 2005-122 19.1.722 (c), (d) and (g) of section 8.6.2 of By-law No. 79-200, no person shall use the land located between Clifton Hill and Robinson Street, west of Queen Victoria Park, designated TC and numbered 717, on Sheet D4 of Schedule "A", or erect or use any building or structure thereon for the purpose of a hotel having a building height greater than 12 metres, except in compliance with By-law No. 2005-188. (a) Notwithstanding the provisions of section 2.31 of By-law No. 79-200, the land on the northeast corner of Montrose Road and Industrial Street, designated LI and numbered 718 on Sheet B3 of Schedule "A" shall be considered one lot. (b) None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to prevent the use of the land on the northeast corner of Montrose Road and Industrial Street, designated LI and numbered 718 on Sheet B3 of Schedule "A", or the erection or use of any building or structure thereon, for the purpose of an establishment for building material sales, except in compliance with By-law No. 2006-18. (c) None of the provisions of clauses (c), (e) and (j) of section 11.2.2 of By- law No. 79-200 shall apply to prevent the use of land on the northeast corner of Montrose Road and Industrial Street, designated LI and numbered 718 on Sheet B3 of Schedule "A" , or the erection or use of any building or structure thereon, except in compliance with By-law No. 2006-18. Temporary use by-law no longer in effect as of September 20, 2008. None of the provisions of sections 2.42 and 8.6.1 of By-law No.79-200 shall apply to prevent the use of the land on the north side of Lundy's Lane, east of Kalar Road, designated TC and numbered 722 on Sheet B4 of Schedule "A", or the erection or use of any building or structure thereon, for the purpose of a billiard hall, an office, a medical clinic, a printing shop and a dry cleaning establishment, except in compliance with By-law No. 2005-122. 2005-119 19.1.723 None of the provisions of sections 16.1 and 16.2 of By-law No. 79-200 shall apply to prevent the use of part of the land on the east side of Montrose Road, 249 2005-119 19.1.724 2005-158 19.1.725 2005-170 19.1.726 2017-12 2005-151 19.1.727 north of Thorold Stone Road, designated HL and numbered 723 on Sheet B3 of Schedule "A", for the erection or use of a vehicular bridge, except in compliance with By-law No. 2005-119. (a) Notwithstanding the provisions of clauses (a), (b), (e), (g), (h), (i) and (j) of section 8.4.2 of By-law No. 79-200, no person shall use the land on the east side of Montrose Road, north of Thorold Stone Road, designated SC and numbered 724 on Sheet B3 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No.2005-119. (b) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200 shall apply to require the owner or occupant of any building or structure on the land on the east side of Montrose Road, north of Thorold Stone Road, designated SC and numbered 724 on Sheet B3 of Schedule "A", to provide and maintain individual parking spaces located on the same lot occupied by a building or structure, except in compliance with By-law No. 2005-119. Notwithstanding the provisions of clause (d) of section 4.14, section 7.9.1, clause (a), subclauses (c)(i) and (d)(i), and clauses (e), (g) and (h) of section 7.9.2 of By-law No. 79-200, no person shall use the land on the east side of Dorchester Road, south of Imperial Court, designated R4 and numbered 725 on Sheet C5 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of not more than 6 townhouse dwelling units, and except in compliance with By-law No. 2005-158. Repealed by By-law No. 2017-12. Notwithstanding the provisions of sections 4.10, 4.19.3, 7.5.1 and 7.5.2 of By- law No. 79-200, no person shall use the land on the west side of Drummond Road between Murray Street and Corwin Crescent, designated RIE and numbered 727 on Sheet C5 of Schedule "A", or use any buildings or structures thereon, except for the purpose of the existing triplex dwelling and the existing one family detached dwelling, and except in compliance with By- law No. 2005-151. 250 2005-175 19.1.728 2005-174 19.1.729 2005-186 19.1.731 2010-07 2005-186 19.1.732 (a) None of the provisions of section 8.6.1 of By-law No. 79-200 shall apply to prevent the use of the land on the southeast corner of Montrose Road and McLeod Road, designated TC and numbered 728 on Sheets B5 and B6 of Schedule "A", or the erection or use of any building or structure thereon, for the purpose of a new car agency. (b) Notwithstanding the provisions of clauses (a), (b), (d) and (e) of section 8.6.2 of By-law No. 79-200, no person shall use the land on the southeast corner of Montrose Road and McLeod Road, designated TC and numbered 728 on Sheets B5 and B6 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2005-175. None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Ontario Avenue, south of Otter Street, designated R2 and numbered 729 on Sheet D4 of Schedule "A", or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with By-law No. 2005-174. (a) Notwithstanding the provisions of sections 4.27.1 and 9.1, and clauses (a), (b), (c), (d) and (f) of section 9.2 of By-law No. 79-200, no person shall use the land on the south side of McLeod Road, east of Garner Road, designated 1 and numbered 731 on Sheet B6 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2005-186. (b) None of the provisions of sections 4.13 and 4.14 of By-law No. 79-200 shall apply to permit the placement of an accessory building or accessory structure on the land on the south side of McLeod Road, east of Garner Road, designated 1 and numbered 731 on Sheet B6 of Schedule "A", except in compliance with By-law No. 2005-186. No person shall use the land south of McLeod Road, east of Garner Road, designated EPA and numbered 732 on Sheet B6 of Schedule "A", except in compliance with By-law No. 2005-186. 2005-209 19.1.733 Notwithstanding the provisions of clauses (a), (c), (d), (e) and (f) of section 7.7.2 251 2006-15 19.1.734 2006-79 19.1.735 of By-law No. 79-200, no person shall use the land on the southeast corner of Delaware Street and Dawlish Avenue, designated R2 and numbered 733 on Sheet C5 of Schedule "A", or use the existing building thereon for the purpose of a semi-detached dwelling, except in compliance with By-law No. 2005-209. Notwithstanding the provisions of sections 16.1 and 16.2 of By-law No. 79-200, no person shall use the land on the north side of Bridgewater Street, being part of the Oliver Street road allowance, designated HL and numbered 734 on Sheet E6 of Schedule "A" or erect or use any buildings or structures thereon for the purpose of a one family detached dwelling, except in compliance with By-law No. 2006-15. None of the provisions of sections 7.7.1 and 7.7.2 of By-law No. 79-200 shall apply to prevent the use of the land on the south side of Ferguson Street, designated R2 and numbered 735 on Sheet D3 of Schedule "A", or the use of the two existing buildings thereon for two, one family detached dwellings, except in compliance with By-law No. 2006-79. 2006-17 19.1.736 Repealed by By-law No. 2007-60. 2006-16 19.1.737 None of the provisions of section 11.2.1 and clauses (d) and (j) of section 11.2.2 of By-law No. 79-200 shall apply to prevent the use of the land located on the east side of Montrose Road, opposite Preakness Street, designated LI and numbered 737 on Sheet B4 of Schedule "A", or the use of the existing building . thereon, for the purpose of a retail store, for a period of up to three years from the date on which By-law No. 2006-16 is passed. 2006-24 19.1.738 (a) Notwithstanding the provisions of section 2.31 of By-law No. 79-200, the land on the southeast corner of Thorold Stone Road and Carroll Avenue, designated LI and numbered 738 on Sheet C3 of Schedule "A", shall be considered one lot. (b) Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c), (f) and (j) of section 11.2.2 of By-law No. 79-200, no person shall use the land located on the southeast corner of Thorold Stone Road and Carroll Avenue, designated LI and numbered 738 on Sheet C3 of Schedule "A", or erect or use any building or structure thereon, except in compliance 252 2006-45 19.1.739 2006-45 19.1.740 2006-45 19.1.741 2006-51 19.1.742 with By-law No. 2006-24. Notwithstanding the provisions of section 8.6.1, clauses (a), (b), (c), (d), (e) and (f) of section 8.6.2 and sections 8.6.3 and 8.6.4 of By-law No. 79-200, no person shall use the land located on the east side of Montrose Road, between Reixinger Road and Lyon's Creek Road and shown hatched and designated TC(H) and numbered 739 on Sheets B7, B8 and C7 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2006-45. Notwithstanding the provisions of clause (j) of section 11.1.2 of By-law No. 79- 200, no person shall use the land located on the south side of Reixinger Road, east of Montrose Road and shown hatched and designated PI(H) and numbered 740 on Sheets B7 and C7 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2006-45. No person shall use the land on the south side of Reixinger Road, east of Montrose Road and shown hatched and designated EPA and numbered 741 on Sheets B7, B8 and C7 of Schedule "A", except in compliance with By-law No. 2006-45. (a) Notwithstanding the provisions of section 2.31 of By-law No. 79-200, the land on the west side of Palmer Avenue through to McGlashan Crescent, designated I and numbered 742 on Sheet D4 of Schedule "A", shall be considered one lot. (b) None of the provisions of section 9.1 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Palmer Avenue through to McGlashan Crescent, designated I and numbered 742 on Sheet D4 of Schedule "A", or the erection or use of any building or structure thereon, for the purpose of a clinic, except in compliance with By-law No. 2006-51. (c) Notwithstanding the provisions of clauses (a), (b), (c), (d), (g) and (i) of section 9.2 of By-law No. 79-200, no person shall use the land on the west side of Palmer Avenue through to McGlashan Crescent, designated 1 and numbered 742 on Sheet D4 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 253 2006-56 19.1.743 2006-56 19.1.744 2006-56 19.1.745 2006-93 19.1.746 2007-152 2006-51. Notwithstanding the provisions of Table 1 of clause (a) and clause (c) of section 4.19.1, and in addition to the regulations contained in section 7.8.2 of By-law No. 79-200, no person shall use the land on the west side of Kalar Road, south of Lundy's Lane and on the north side of the hydro corridor, designated R3 and numbered 743 on Sheet B5 of Schedule "A", except in compliance with By-law No. 2006-56. Notwithstanding the provisions of subclause (f)(i) of section 7.9.2, and in addition to the regulations contained in section 7.9.2 of By-law No. 79-200, no person shall use the land on the west side of Kalar Road, south of Lundy's Lane, designated R4 and numbered 744 on Sheet B5 of Schedule "A", except in compliance with By-law No. 2006-56. No person shall use the land west of Kalar Road, south of Lundy's Lane, east of Garner Road and north of the hydro corridor, designated EPA and numbered 745 on Sheet B5 of Schedule "A", except in compliance with By-law No. 2006- 56. (a) Notwithstanding the provisions of section 2.31 of By-law No. 79-200, the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, designated TC and numbered 746 on Sheet D4 of Schedule "A" shall be considered one lot. (b) None of the provisions of section 2.28 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, designated TC and numbered 746 on Sheet D4 of Schedule "A", or the erection or use of any building or structure thereon for the purpose of a hotel which does not provide a public dining room, except in compliance with By-law No. 2006- 93. (c) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200 shall apply to require the provision of parking for a breakfast area in a hotel on the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, designated TC and numbered 746 on Sheet 254 2006-91 19.1.747 2006-92 19.1.748 2006-130 19.1.749 2006-159 19.1.750 D4 of Schedule "A", except in compliance with By-law No. 2006-93. (d) Notwithstanding the provisions of clauses (a), (b), (c), (d), (e), (g) and (i) of section 8.6.2 of By-law No. 79-200, no person shall use the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, designated TC and numbered 746 on Sheet D4 of Schedule "A", or erect or use any building or structure thereon for the purpose of a hotel, except in compliance with By-law Nos. 2006-93 and 2007-152. None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the use of the land on the southwest corner of Zimmerman Avenue and Huron Street, designated R2 and numbered 747 on Sheet D3 of Schedule "A", or two one family detached dwellings thereon, from being used for the purpose of cottage rental dwellings, except in compliance with By-law No. 2006- 91. None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the use of the land on the north side of Ellis Street, east of St. Lawrence Avenue, designated R2 and numbered 748 on Sheet D3 of Schedule "A", or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than three bedrooms for tourists, except in compliance with By-law No. 2006-92. Notwithstanding the provisions of sections 2.31, 7.9.1, 7.9.2 and 7.9.3 of By-law No. 79-200, no person shall use the land on the east side of Mewburn Road, designated R4 and numbered 749 on Sheet B2 of Schedule "A" or erect or use any building or structure thereon, except for the purpose of 2 on -street townhouse dwellings and 4 townhouse dwellings, each containing no more than 8 dwelling units, and accessory buildings and structures, and except in compliance with By-law No. 2006- 130. Notwithstanding the provisions of sections 2.31 and 4.13, clause (f) of section 4.14, clause (a) of section 4.19.1, section 9.1 and clauses (a), (b), (d), (e), (f), (i) and (j) of section 9.2 of By-law No. 79-200, no person shall use the land on the northeast corner of Dorchester Road and High Street, designated I and numbered 750 on Sheet C4 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of a place of worship and one 255 accessory building, but not a hospice, an emergency shelter, a supervised residence, a soup kitchen or a private school, and except in compliance with By- law No. 2006- 159. 2007-01 19.1.752 Repealed by By-law No. 2009-139. 2007-01 19.1.753 Repealed by By-law No. 2009-139. 2007-02 19.1.754 Repealed by By-law No. 2009-139, 2006-154 19.1.755 None of the provisions of section 7.3.1 of By-law No. 79-200 shall apply to prevent the use of the land on the southwest side of Main Street between Delaware Street and Symmes Street, designated RIC and numbered 755 on Sheet C5 of Schedule "A", or the use of a one family detached dwelling thereon, for the purpose of a tourist home containing not more than three bedrooms for tourists, except in compliance with By-law No. 2006-154. 2006-146 19.1.756 2006-155 19.1.757 2006-205 19.1.760 2013-49 2014-163 Notwithstanding the provisions of clause (d) of section 4.14, section 5.7, clauses (a), (b), (c), (d), (e), (g) and (h) of section 7.9.2 and section 7.9.3, and in addition to the regulations contained in sections 7.9.1 and 7.9.2 of By-law No. 79-200, no person shall use the land on the north side of O'Neil Street, between Dorchester Road and Marion Avenue, designated R4 and numbered 756 on Sheet C2 of Schedule "A", except for the purpose of 2 townhouse dwellings each containing a maximum of 4 dwelling units, and 2 one -family detached dwellings, and accessory buildings and accessory structures, and except in compliance with By-law No. 2006-146. None of the provisions of sections 8.2.1 and 8.2.2 of By-law No. 79-200, shall apply to prevent the use of the land on the southwest corner of Bridgewater Street and Dock Street, designated GC and numbered 757 on Sheet E6 of Schedule "A", or the erection or use of any building or structure thereon, for the purpose of a one family detached dwelling and accessory buildings and structures, except in compliance with By-law No. 2006-155. Notwithstanding the provisions of clause (c) of section 4.19.1, clauses (c), (e) and (f) of section 7.8.1, subclauses (a)(i), (a)(ii), (b)(i), (b)(ii), (b)(iii), (b)(iv) and (b)(v), clause (c), subclauses (e)(i) and (e)(ii), and clauses (f), (g) and (h) of 256 2015-122 2017-137 2006-205 19.1.761 2015-21 2006-205 19.1.762 2006-192 19.1.766 2006-202 19.1.767 section 7.8.2, and in addition to the regulations contained in section 7.8.2 of By- law No. 79-200, no person shall use the land on the north side of Willick Road, west of Sodom Road and southeast of Lyon's Parkway and Lyon's Creek Road, designated R3 and numbered 760, in part, and R3(H) and numbered 760, in part, on Sheet D7 of Schedule "A", except in compliance with By-law No. 2006- 205, as amended by By-law No. 2013-49 and By-law No. 2014-163. In addition to the regulations contained in section 7.9.2 of By-law No. 79-200, no person shall use the land west of Sodom Road and north of Willick Road, designated R4 and numbered 761 on Sheet D7 of Schedule "A", except in compliance with By-law No. 2006-205, as amended by By-law No. 2015-21. No person shall use the land west of Sodom Road, extending from Lyon's Creek Road to Willick Road, designated EPA and numbered 762 on Sheet D7 of Schedule "A", except in compliance with By-law No. 2006-205. (a) None of the provisions of section 8.2.1 of By-law No. 79-200 shall apply to prevent the use of land on the south side of Welland Street, across from Dock Street, designated GC and numbered 766 on Sheet E6 of Schedule "A", or the erection or use of any building or structure thereon for the purpose of a public self -storage, except in compliance with By-law No. 2006-192. (b) Notwithstanding the provisions of clause (d) of the section 8.2.2 of By-law No. 79-200, no person shall use the land on the south side of Welland Street, across from Dock Street, designated GC and numbered 766 on Sheet E6 of Schedule "A", or erect or use any building or structure thereon for the purpose of a public self -storage, except in compliance with By-law No. 2006-192. Notwithstanding the provisions of section 2.31 and clauses (a), (b), (c), (d), (e), (f), (g) and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the southwest corner of Preakness Street and Montrose Road, designated NC and numbered 767 on Sheet B4 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2006- 767. 257 2007-21 19.1.768 2007-61 19.1.769 2007-51 19.1.770 Notwithstanding the provisions of sections 2.15, 2.31, 7.5.1 and clauses (a), (b), (c), (d), (e) and (g) of section 7.5.2 of By-law No. 79-200, no person shall use the land on the west side of Longhurst Avenue, designated R1 E and numbered 768 on Sheet C3 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of a community building, and except in compliance with By-law No. 2007-21. Notwithstanding the provisions of section 8.2.1 and clauses (a), (b), (d) and (f) of section 8.2.2 of By-law No. 79-200, no person shall use the land on the north side of Kitchener Street east of Portage Road, designated GC and numbered 769 on Sheet C4 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of a maximum of two offices for physicians, and except in compliance with By-law No. 2007-61. Notwithstanding the provisions of sections 2.26, 2.31.8, 4.7, 9.1 and clauses (b), (c), (d), (f), (h) and (i) of section 9.2 of By-law No. 79-200, no person shall use the land on the north side of Second Avenue, designated I and numbered 770 on Sheet D4 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of a place of worship and one ancillary dwelling unit, and except in compliance with By-law No. 2007-51. 2007-60 19.1.771 Deleted by By-law No. 2012-84. 2007-40 19.1.772 None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of River Road, south of Otter Street, designated R2 and numbered 772 on Sheet D4 of Schedule "A", or a three unit dwelling thereon, from being used for the purpose of three cottage rental dwellings, except in compliance with By-law No. 2007-40. 2007-62 19.1.773 Notwithstanding the provisions of sections 2.31, 2.42, Table 1 of clause (a) of section 4.19.1 and sections 4.27.1, 8.4.1 and 8.4.2 of By-law No. 79-200, no person shall use the land on the southwest corner of Montrose and McLeod Roads, designated SC and numbered 773 on Sheets B5 and B6 of Schedule "A", or erect or use any buildings or structures thereon, except for one or more of the uses listed in section 8.4.1 of By-law No. 79-200 and a pinball or electronic game machine establishment, and except in compliance with By- law No. 2007-62. 258 19.1.774 Refer to By-law No. 2007-162. 19.1.775 Refer to By-law No. 2007-162. 19.1.776 Refer to By-law No. 2007-162. 19.1.777 Refer to By-law No. 2007-162. 2007-91 19.1.778 None of the provisions of section 11.6.2 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Taylor Road, south of the former Mountain Road and east of Thorold Townline Road, designated El and numbered 778 on Sheets A2 and A3 of Schedule "A", or the erection or use of any building or structure thereon for the purpose of waste disposal site, landfill and accessory buildings and structures, except in compliance with By-law No. 2007-91. 2007-90 19.1.779 2013-127 2007-90 19.1.780 2007-144 19.1.781 2007-144 19.1.782 In addition to the regulations contained in section 7.9.2 of By-law No. 79-200, no person shall use the land east of Garner Road, south of Lundy's Lane, designated R4 and numbered 779 on Sheet B5 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2007- 90. No person shall use the land east of Garner Road, south of Lundy's Lane and north of the hydro corridor, designated EPA and numbered 780 on Sheets A5 and B5 of Schedule "A", except in compliance with By-law No. 2007-90. Notwithstanding the provisions of sections 2.31, 2.31.8, 2.31.9, 7.13.1 and 7.13.2 of By-law No. 79-200, no person shall use the land located on the west side of Stanley Avenue, north of Portage Road, designated R5D(H) and numbered 781 on Sheets C1 and C2 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of apartment dwellings, townhouse dwellings, and accessory buildings and accessory structures, and except in compliance with By-law No. 2007-144. Notwithstanding the provisions of sections 2.31, 2.31.8, 2.31.9, 7.9.1, clauses (a), (b), (c), (d) and (e) of section 7.9.2 and clause (c)(iii) of section 7.9.3 of By- law No. 79-200, no person shall use the land located on the west side of Stanley 259 2007-144 19.1.783 2007-118 19.1.784 2007-119 19.1.785 2007-154 19.1.786 2007-130 19.1.787 2007-153 19.1.790 Avenue, north of Portage Road, designated R4(H) and numbered 782 on Sheets C1 and C2 of Schedule "A", or the erect or use any building or structure thereon, except for the purpose of townhouse dwellings, semi-detached dwellings, and accessory buildings and accessory structures, and except in compliance with By-law No. 2007-144. No person shall use the land described in section 1 of this by-law and shown hatched and designated PI(H) and numbered 783 on Sheet C1 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2007-144 None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of River Road, south of Bampfield Street, designated R2 and numbered 784 on Sheet D4 of Schedule "A", or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with By-law No. 2007-118. None of the provisions of section 7.7.1 of By-law No. 79-200 shall apply to prevent the use of the land on the north side of Bampfield Street, designated R2 and numbered 785 on Sheet D4 of Schedule "A", or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with By-law No. 2007-119. Repealed by By-law No. 2012-80. None of the provisions of section 12.1 of By-law No. 79-200 shall apply to prevent the use of the land on the south side of Lundy's Lane, west of Garner Road, designated A and numbered 787 on Sheet A5 of Schedule "A", or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with By-law No. 2007-130. Notwithstanding the provisions of sections 4.27.1 and 8.9.1 and clauses (a), (d), (e), (g), (h) and (j) of section 8.9.3 of By-law No. 79-200, no person shall use the land on the northwest corner of Drummond Road and McLeod Road, designated AS and numbered 790 on Sheet C5 of Schedule "A", or erect or use any building or structure thereon, except for a gasoline bar and a retail store, and except in compliance with By-law No. 2007-153. 260 2007-206 19.1.791 2008-218 19.1.792 2007-232 19.1.793 2007-195 19.1.794 Notwithstanding the provisions of section 4.10, clauses (b) and (d) of section 4.13, clause (b) of section 4.19.1, section 7.8.1 and clauses (a), (b), (c), (e), (f) and (g) of section 7.8.2 of By-law No. 79-200, no person shall use the land on the southwest corner of Leader Lane and Hickson Avenue, designated R3 and numbered 791 on Sheet D3 of Schedule "A", or erect or use any buildings or structures thereon, except for the purpose of a triplex and accessory buildings and structures, and except in compliance with By-law No. 2007-206. Refer to By-law No. 2008-218. (a) None of the provisions of section 8.1.1 of By-law No. 79-200 shall apply to prevent the use of the land on the south side of Dixon Street east of Drummond Road, designated NC and numbered 793 on Sheet C5 of Schedule "A", or the erection or use of any building or structure thereon, for the purpose of a health centre. (b) Notwithstanding the provisions of section 4.16 and clauses (a), (b) and (c) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the south side of Dixon Street east of Drummond Road, designated NC and numbered 793 on Sheet C5 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2007-232. (a) None of the provisions of section 2.28 of By-law No. 79-200 shall apply to prevent the use of the land on the southwest corner of Fallsview Boulevard and Dixon Street, designated TC and numbered 794 on Sheet D5 of Schedule "A", or the erection or use of any building or structure thereon for the purpose of a hotel which does not provide a public meeting room. - By-law No. 2007-195. (b) None of the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200 shall apply to require all of the required parking spaces for all of the permitted uses and buildings and structures on the land on the southwest corner of Fallsview Boulevard and Dixon Street, designated TC and numbered 794 on Sheet D5 of Schedule "A" to be provided and maintained on the same land, except in compliance with By-law No. 2003-164. 261 2007-197 19.1.795 2007-205 19.1.796 2007-205 19.1.797 2007-205 19.1.798 (c) Notwithstanding the provisions of section 4.27.1 and clauses (a), (b), (c), (d), (e), (f) and (g) of section 8.6.2 of By-law No 79-200, no person shall use the land on the southwest corner of Fallsview Boulevard and Dixon Street, designated TC and numbered 794 on Sheet D5 of Schedule "A", or erect or use any building or structure thereon for the purpose of a hotel, except in compliance with By-law No. 2007-195 Notwithstanding the provisions of section 2.31 and clause (a) of section 8.2.2 of By-law No. 79-200, no person shall use the land on the northeast corner of Lundy's Lane and Byng Avenue, designated GC and numbered 795 on Sheet C4 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2007-197. Notwithstanding the provisions of section 7.8.1 and clauses (a) to (k) inclusive of section 7.8.2 of By-law No. 79-200, no person shall use the land on the north side of Pinestone Road west of Walker Court, designated R3 and numbered 796 on Sheet C1 of Schedule "A", or erect or use any buildings or structures thereon, except for the purpose of on street townhouse dwellings, home occupations and accessory buildings and accessory structures, and except in compliance with By-law No. 2007-205. Notwithstanding the provisions of section 7.8.1 and clauses (a) to (k) inclusive of section 7.8.2 of By-law No. 79-200, no person shall use the land on the south side of Pinestone Road, west of Walker Court, designated R3 and numbered 797 on Sheet C1 of Schedule "A", or erect or use any buildings or structures thereon, except for the purpose of on street townhouse dwellings, home occupations and accessory buildings and accessory structures, and except in compliance with By-law No. 2007-205. Notwithstanding the provisions of section 7.8.1 and clauses (a) to (k) inclusive of section 7.8.2 of By-law No. 79-200, no person shall use the land on the south side of Pinestone Road, west of Walker Court, designated R3 and numbered 798 on Sheet C1 of Schedule "A", or erect or use any buildings or structures thereon, except for the purpose of on street townhouse dwellings, home occupations and accessory buildings and accessory structures, and except in compliance with By-law No. 2007-205. 262 2007-207 19.1.799 2007-209 19.1.800 2008-134 2007-208 19.1.801 2007-230 19.1.802 2007-233 19.1.803 None of the provisions of sections 2.35 and 8.1.1 and clauses (a), (b), (c) and (d) of section 8.1.2 of By-law No. 79-200 shall apply to prevent the use of the land on the east side of Drummond Road, between Prospect Street and North Street, designated NC and numbered 799 on the plan Schedule 1 attached hereto, or the use of the existing building thereon, for the purpose of a day nursery, except in compliance with By-law No. 2007-207. (a) None of the provisions of section 11.2.1 of By-law No. 79-200 shall apply to prevent the use of the land on the west side of Stanley Avenue, north of Thorold Stone Road, designated LI and numbered 800, in part, and LI(H) and numbered 800 on Sheets C2 and C3 of Schedule "A", or the erection or use of any building or structure thereon, except in compliance with By-law No. 2007-209. (b) Notwithstanding the provisions of clause (g) of section 11.2.2 of By-law No. 79-200, no person shall use the land on the west side of Stanley Avenue, north of Thorold Stone Road, designated LI and numbered 800, in part, and LI(H) and numbered 800 on Sheets C2 and C3 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2007-209. Repealed by By-law No. 2016-77. Notwithstanding the provisions of section 8.1.1 and clauses (b), (d), (e) and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the southwest corner of Sodom Road and Nassau Avenue, designated NC and numbered 802 on Sheet D7 of Schedule "A", or erect or use any building or structure thereon except for the purpose of a restaurant, and except in compliance with By-law No. 2007-230. None of the provisions of section 4.10 and clauses (a), (b) and (c) of section 7.8.2 of By-law No. 79-200 shall apply to prevent the use of the land on the southwest corner of Drummond Road and Ker Street, designated R3 and numbered 803 on Sheet C4 of Schedule "A", or the erection or use of any building or structure thereon for a use permitted by the R3 zone, except in compliance with By-law No. 2007-233. 263 2007-236 19.1.804 2010-58 2007-236 19.1.805 2010-58 2007-236 19.1.806 2010-58 2007-236 19.1.807 2008-39 19.1.808 2008-39 19.1.809 2008-11 19.1.810 2009-24 19.1.811 Repealed by By-law No. 2011-03. Repealed by By-law No. 2011-03. Repealed by By-law No. 2011-03. Repealed by By-law No. 2011-03. Notwithstanding the provisions of section 2.26, clauses (a), (c) and (f) of section 4.19.1 and clause (g) of section 8.6.2 of By-law No. 79-200, no person shall use the land on the south side of Robinson Street, east of Clark Avenue, designated TC and numbered 808 on Sheet D4 of Schedule "A", or erect or use any building or structure thereon, for the purpose of a hotel, except in compliance with By-law No. 2008-39. Notwithstanding the provisions of clause (a) of section 4.19.1 of By-law No. 79- 200, no person shall use the land on the west side of Stanley Avenue, through to Allendale Avenue, south of Robinson Street, designated TC and numbered 809 on Sheet D4 and D5 of Schedule "A", for the purpose of a parking area to satisfy a portion of the required parking for a hotel on the land on the south side of Robinson Street, east of Clark Avenue, designated TC and numbered 808 on Sheet D4 of Schedule "A", except in compliance with By-law No. 2008-39. Notwithstanding the provisions of sections 2.31.8, 2.31.9, 2.31.10 and 7.14.1 and clauses (a), (b), (c), (d), (e), (f), (h), (j) and (m) of section 7.14.2 of By-law No. 79-200, no person shall use the land on the south side of Marineland Parkway, west of Stanley Avenue, designated R5E(H) and numbered 810 on Sheet D5 of Schedule "A", or erect or use any building or structure thereon, for the purpose of apartment dwellings and accessory buildings and accessory structures, except in compliance with By-law No. 2008-11. Notwithstanding the provisions of sections 2.31 and 4.27.1, Table 1 of clause (a) of section 4.19.1, section 8.1.1 and clauses (a), (b), (c), (e), (f), (h) and (i) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the 264 southwest corner of Thorold Stone Road and Kalar Road, designated NC and numbered 811 on Sheet B3 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of a restaurant and an accessory office and storage building and a retail store, and except in compliance with By- law No. 2009-024. 2008-29 19.1.813 Deleted by By-law No. 2009-174. 2011-92 19.1.814 Repealed by By-law No. 2017-01. 2017-01 2008-51 19.1.815 Notwithstanding the provisions of section 2.31, Table 1 of clause (a) of section 4.19.1, sections 4.27.1 and 7.9.1 and clauses (a), (b), (c), (d), (e), (f), (h), (i), (k) and (m) of section 7.9.2 of By-law No. 79-200, no person shall use the land on the northeast corner of Thorold Stone Road and Cardinal Drive, designated R4 and numbered 815 on Sheet B3 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of a retirement home and accessory buildings and accessory structures, and except in compliance with By-law No. 2008-51. 2008-50 19.1.816 2008-21 19.1.817 2008-53 19.1.818 Notwithstanding the provisions of section 2.31.1, clause (d) of section 4.14, sections 4.17.1 and 4.27.1 and clauses (a) and (c) of section 7.10.2 of By-law No. 79-200, no person shall use the land on the southwest corner of McLeod Road and Wilson Crescent, designated R5A and numbered 816 on Sheet C5 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2008-50. Notwithstanding the provisions of clause (b) of section 4.13 and clause (f) of section 7.5.2 of By-law No. 79-200, no person shall use the land on the northeast corner of Garner Road and McGarry Drive, designated R1 E and numbered 817 on Sheets A5 and B5 of Schedule "A", or erect or use any building or structure thereon, for a use permitted by the RIE zone, except in compliance with By-law No. 2008-21. Notwithstanding the provisions of section 4.17.1 and 8.1.1 and clauses (a), (b), (c), (d), (f) and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the west side of Drummond Road, south of Thorold Stone Road, 265 2008-83 19.1.819 designated NC and numbered 818 on Sheet C3 of Schedule "A", or erect or use any building or structure thereon, except for either a one family detached dwelling or a duplex dwelling and accessory buildings and accessory structures, or an office, and except in compliance with By-law No. 2008-53. Notwithstanding the provisions of section 7.12.1 and clauses (a), (b), (d), (j) and (m) of section 7.12,2 of By-law No. 79-200, no person shall use the land on the south side of Marineland Parkway, opposite Ailanthus Avenue, designated R5C and numbered 819 on Sheets C5 and D5 of Schedule "A", or erect or use any building or structure thereon, for the purpose of apartment dwellings and accessory buildings and accessory structures, except in compliance with By-law No. 2008-83. 2008-54 19.1.820 Deleted by By-law No. 2009-75. 2008-54 19.1.821 Deleted by By-law No. 2009-75. 2008-54 19.1.822 Deleted by By-law No. 2009-75. 2008-49 19.1.823 Notwithstanding the provisions of section 4.27.1 and clause (h) of section 7.11.2 of By-law No. 79-200, no person shall use the land on the west side of Kalar Road, north of Forestview Boulevard, designated R5B and numbered 823 on Sheet B5 of Schedule "A", or erect or use any building or structure thereon, for a use permitted by the R5B zone, except in compliance with By-law No. 2008- 49. 2008-71 19.1.824 2008-70 19.1.825 Notwithstanding the provisions of clause (c) of section 7.7.1 of By-law No. 79- 200, no person shall use the land on the northeast corner of Dorchester Road and Pinedale Drive, designated R2 and numbered 824 on Sheet C3 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2008-71. None of the provisions of subsection (i) of clause (b) of section 14.2 of By-law No. 79-200 shall apply to prevent the use of the land on the south side of Culp Street, east of Corwin Avenue, designated OS and numbered 825 on Sheet C5 of Schedule "A", or the erection or use of any building or structure thereon, except in compliance with By-law No. 2008-70. 266 2008-88 19.1.826 2008-100 19.1.827 2008-102 19.1.828 2014-73 2008-99 19.1.829 19.1.830 19.1.831 Notwithstanding the provisions of sections 2.31, 4.19.1 and 9.1 and clauses (a), (b), (c), (d), (f), (g), (j) and (k) of section 9.2 of By-law No. 79-200, no person shall use the land on the west side of St. Lawrence Avenue, across from Ellis Street, designated I and numbered 826 on Sheet D3 of Schedule "A", or erect or use any building or structure thereon, except for a place of worship, a community kitchen, an emergency shelter and accessory buildings and accessory structures, and except in compliance with By-law No. 2008-88. None of the provisions of section 7.7.1 and clause (f) of section 7.7.2 of By-law No. 79-200 shall apply to prevent the use of the land on the southwest corner of River Road and Bampfield Street, designated R2 and numbered 827 on Sheet D4 of Schedule "A", or the use of the existing building thereon, for the purpose of a one family detached dwelling or a cottage rental dwelling, except in compliance with By-law No. 2008-100. Repealed by By-law No. 2014-73. Notwithstanding the provisions of sections 2.31.5 and 2.31.8, Table 1 of clause (a) and clause (c) of section 4.19.1 and section 7.8.1 of By-law No. 79-200, no person shall use the land north of Lundy's Lane, between Garner Road and Beechwood Road, designated R3 and numbered 829 on Sheet A4 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of on street townhouse dwellings and accessory buildings and accessory structures, and except in compliance with By-law No. 2008-99. In addition to the regulations contained in section 7.9.2 of By-law No. 79-200, no person shall use the land north of Lundy's Lane, between Garner Road and Beechwood Road, designated R4 and numbered 830 on Sheet A4 of Schedule "A", or erect or use any building or structure thereon, for the purpose of a use permitted by the R4 zone, except in compliance with By-law No. 2008-99. In addition to the regulations contained in section 7.9.2 of By-law No. 79-200, no person shall use the land north of Lundy's Lane, between Garner Road and Beechwood Road, designated R4 and numbered 831 on Sheets A4 and A5 of Schedule "A", or erect or use any building or structure thereon, for the purpose of a use permitted by the R4 zone, except in compliance with By-law No. 2008- 99. 267 2008-107 19.1.832 2013-27 2008-108 19.1.833 2013-28 2008-128 19.1.834 2008-130 Notwithstanding the provisions of section 2.31, Table 1 of clause (a) of section 4.19.1 and sections 4.19.1, 8.4.1 and 8.4.2 of By-law No. 79-200, no person shall use the land on the north and west sides of Oakwood Drive, designated SC and numbered 832 on Sheets B6 and C6 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2008-107. Notwithstanding the provisions of section 2.31, Table 1 of clause (a) of section 4.19.1 and sections 4.19.1, 8.4.1 and 8.4.2 of By-law No. 79-200, no person shall use the land on the south and east sides of Oakwood Drive, designated SC and numbered 833 on Sheets B6 and C6 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2008-108. Notwithstanding the provisions of sections 4.17.1, 4.27.1 and 8.1.1 and clauses (b), (c), (f), (g), and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the south side of Thorold Stone Road, between Confederation Avenue and St. James Avenue, designated NC and numbered 834 on Sheet C3 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of an office, a clinic and dwelling units above the ground floor in combination with one or more offices or clinics, and except in compliance with By-law No.2008-128. 19.1.835 (a) None of the provisions of section 8.9.1 of By-law No. 79-200 shall apply to prevent the use of the land on the northeast corner of Stanley Avenue and McRae Street, designated AS and numbered 835 on Sheet D4 of Schedule "A", or the erection or use of any building or structure thereon, for the purpose of a retail store, except in compliance with By-law No. 2008-130. (b) Notwithstanding the provisions of clauses (e), (g), (i) and (j) of section 8.9.3 of By-law No. 79-200, no person shall use the land on the northeast corner of Stanley Avenue and McRae Street, designated AS and numbered 835 on Sheet D4 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2008-130. 268 2008-132 19.1.836 2008-133 19.1.837 2008-147 19.1.838 2008-131 19.1.839 Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, clause (a) of section 4.19.3 and clauses (e), (g) and (k) of section 7.8.2 of By-law No. 79-200, no person shall use the land on the west side of Montrose Road, north of Alpine Drive, designated R3 and numbered 836 on Sheet B3 of Schedule "A", or erect or use any building or structure thereon, for the purpose of a three unit on -street townhouse dwelling, except in compliance with By-law No. 2008-132. (a) None of the provisions of section 14.1 of By-law No. 79-200 shall apply to prevent the use of the land on the south side of Chippawa Creek Road, east of Garner Road, designated OS and numbered 837 on Sheet A7 of Schedule "A", or the erection or use of any building or structure thereon, for the purpose of a one family detached dwelling, except in compliance with By-law No. 2008-133. (b) Notwithstanding the provisions of clause (v) of section 14.2 of By-law No. 79-200, no person shall use the land on the south side of Chippawa Creek Road, east of Garner Road, designated OS and numbered 837 on Sheet A7 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2008-133. Notwithstanding the provisions of Table 1 of clause (a) of section 4.19.1, clauses (d), (e) and (i) of section 4.19.1, clause (b) of section 4.19.3 and clauses (a), (b), (c), (d), (e), (g), (h), (k) and (m) of section 7.14.2 of By-law No. 79-200, no person shall use the land on the south side of Huron Street, between Third Avenue and Fourth Avenue, designated R5E and numbered 838 on Sheet D3 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2008-147. Notwithstanding the provisions of sections 4.27.1, 5.7 and 7.9.1, clauses (a), (c), (e), (h), (j) and (m) of section 7.9.2 and section 7.9.3 of By-law No. 79-200, no person shall use the land on the west side of Dorchester Road, opposite Stokes Street, designated R4 and numbered 839 on Sheet C5 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of 2 townhouse dwellings each containing 4 dwelling units, and 2 semi-detached dwellings, and accessory buildings and accessory structures, and except in compliance with By-law No. 2008-131. 269 2008-174 19.1,840 2008-174 19.1.841 2008-162 19.1.842 Notwithstanding the provisions of section 2.31, clause (c) of section 4.14, section 4.14.1, clause (a) of section 4.19.1 and clauses (a), (b), (c), (d), (f), (g), (h) and (m) of section 7.14.2 of By-law No. 79-200, no person shall use the land on the west side of River Road between John Street and Philip Street, designated R5E and numbered 840 on Sheet D4 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2008-174. Notwithstanding the provisions of sections 2.31, 17.1 and 17.2 of By-law No. 79- 200, no person shall use the land on the west side of River Lane, between John Street and Philip Street, designated P and numbered 841 on Sheet D4 of Schedule "A", except for the purpose of a parking area to satisfy a portion of the required parking for an apartment dwelling located on lands on the west side of River Road between John Street and Philip Street, designated R5E and numbered 840 on Sheet D4 of Schedule "A", and except in compliance with By- law No. 2008-174. Notwithstanding the provisions of section 2.31, Column 3 of Table 2 of clause (e) of section 4.19.1, clause (b) of section 4.19.3, section 7.15.1 and clauses (a), (b), (c), (d), (e), (g), (h) and (m) of section 7.15.2 of By-law No. 79-200, no person shall use the land on the east side of Main Street, between Summer Street and North Street, designated R5F and numbered 842 on Sheet C4 of Schedule "A", or erect or use any building or structure thereon, except for the purpose of a retirement home, a clinic and accessory buildings and accessory structures, and except in compliance with By-law No. 2008-162. 19.1.843 Refer to By-law No. 2008-208. 19.1.844 Refer to By-law No. 2010-67. 19.1.845 Refer to By-law No. 2008-219. 19.1.846 Refer to By-law No. 2008-206. 19.1.847 Refer to By-law No. 2008-206. 2016-54 19.1.848 Refer to By-law No. 2010-03, as amended by By-law No. 2016-54. 270 19.1.849 Refer to By-law No. 2010-03, as amended by By-law No. 2016-54. 19.1.850 Refer to By-law No. 2010-03, as amended by By-law No. 2016-54. 19.1.852 Refer to By-law No. 2009-55. 19.1.854 Refer to By-law No. 2009-51. 19.1.855 Refer to By-law No. 2009-51. 19.1.856 Refer to By-law No. 2009-51, as amended by 2018-95. 19.1.857 Refer to By-law No. 2009-51. 19.1.858 Refer to By-law No. 2009-51. 19.1.859 Refer to By-law No. 2009-64. Temporary use by-law no longer in effect as of April 19, 2012. 19.1.860 Repealed by By-law No. 2016-49. 19.1.861 Repealed by By-law No. 2016-49. 19.1.862 Repealed by By-law No. 2016-49. 2012-16 19.1.863 Refer to By-law No. 2009-84, as amended by By-law No. 2012-16. 19.1.864 Refer to By-law No. 2009-85. 19.1.865 Refer to By-law No. 2009-83. 19.1.866 Refer to By-law No. 2009-83. 19.1.867 Refer to By-law No. 2009-129. 19.1.868 Refer to By-law No. 2009-130. 19.1.869 Refer to By-law No. 2009-127. 271 19.1.874 Refer to By-law No. 2009-126. 19.1.875 Refer to By-Iaw No. 2009-194. 19.1.876 Refer to By-Iaw No. 2009-194. 19.1.877 Refer to By-Iaw No. 2009-194. 19.1.878 Refer to By-Iaw No. 2009-139. 19.1.879 Refer to By-Iaw No. 2009-139. 19.1.880 Refer to By-Iaw No. 2009-139. 19.1.881 Refer to By-law No. 2009-139. 19.1.882 Refer to By-Iaw No. 2009-141. 19.1.883 Refer to By-Iaw No. 2009-150. 19.1.884 Refer to By-law No. 2009-163. 19.1.885 Refer to By-Iaw No. 2009-184. 19.1.886 Refer to By-Iaw No. 2009-185. 19.1.887 Refer to By-Iaw No. 2009-174. 19.1.888 Refer to By-Iaw No. 2009-175. 19.1.889 Refer to By-Iaw No. 2010-09. 19.1.890 Refer to By-Iaw No. 2010-09. 19.1.891 Refer to By-Iaw No. 2010-12. 19.1.892 Refer to By-Iaw No. 2010-11. 272 2013-134 19.1.894 Refer to By-law No. 2010-34, as amended by By-law No. 2013-134. 19.1.895 Repealed by By-law No. 2013-135, 19.1.896 Refer to By-law No. 2010-40. 19.1.897 Refer to By-law No. 2010-41. 19.1.899 Refer to By-law No. 2010-68. Temporary use by-law no longer in effect as of May 10, 2013. 19.1.900 Refer to By-law No. 2010-100. 19.1.901 Refer to By-law No. 2010-103. 19.1.902 Refer to By-law No. 2010-104. 19.1.903 Refer to By-law No. 2010-105. 19.1.904 Refer to By-law No. 2010-106. 19.1.905 Refer to By-law No. 2010.107. 19.1.906 Refer to By-law No. 2010-108. 19.1.907 Repealed by By-law No. 2013-111. 19.1.908 Repealed by By-law No. 2013-111. 19.1.909 Refer to By-law No. 2010-111. 2011-48 19.1.910 Refer to By-law No. 2010-91, as amended by By-law No. 2011-48. 19.1.911 Refer to By-law No. 2010-121. 19.1.912 Refer to By-law No. 2010-132. 19.1.913 Refer to By-law No. 2010-133. 273 19.1.914 Repealed by By-law No. 2016-53. 19.1.915 Repealed by By-law No. 2016-53. 2016-111 19.1.916 Refer to By-law No. 2010-131, as amended by 2016-111. 19.1.917 Refer to By-law No. 2010-135. 2011-66 19.1.918 Refer to By-law No. 2010-152, as amended by By-law Nos. 2012-63 and 2014- 2012-63 130. 2014-130 2011-66 19.1.919 Refer to By-law No. 2010-152, as amended by By-law Nos. 2012-63 and 2014- 2012-63 130. 2014-130 2011-66 19.1.920 Removed by By-law No. 2012-63. 2012-63 2011-66 19.1.921 Refer to By-law No. 2010-152, as amended by By-law Nos. 2012-63 and 2014- 2012-63 130. 2014-130 19.1.922 Refer to By-law No. 2010-156. 19.1.923 Refer to By-law No. 2010-164. 19.1.924 Refer to By-law No. 2010-163. 19.1.925 Refer to By-law No. 2011-03. 19.1.926 Refer to By-law No. 2011-03. 19.1.927 Refer to By-law No. 2011-03. 19.1.928 Refer to By-law No. 2011-03. 19.1.929 Refer to By-law No. 2011-03. 274 19.1.930 Refer to By-law No. 2011-06. 2016-96 19.1.931 Refer to By-law No. 2011-04, as amended by By-law No. 2015-11, as amended by By-law No. 2016-96. 2016-96 19.1.932 Refer to By-law No. 2011-04, as amended by By-law No. 2015-11, as amended by By-law No. 2016-96. As such, none of the provisions of 2011-04 apply to the lands. (No longer mapped) 2016-96 19.1.933 Refer to By-law No. 2011-04, as amended by By-law 2016-96. 19.1.934 Refer to By-law No. 2011-21. 19.1.935 Refer to By-law No. 2011-21. 19.1.936 Refer to By-law No. 2011-30. 19.1.937 Refer to By-law No. 2011-31. 19.1.938 Refer to By-law No. 2011-32. 19.1.939 Refer to By-law No. 2011-38. 2014-162 19.1.941 Refer to By-law No. 2011-68, as amended by By-law No. 2014-162. 19.1.942 Refer to By-law No. 2011-68. 2014-162 19.1.943 Refer to By-law No. 2011-68, as amended by By-law No. 2014-162. 19.1.944 Refer to By-law No. 2011-68. 19.1.945 Refer to By-law No. 2011-143. 19.1.946 Refer to By-law No. 2011-143. 19.1.947 Refer to By-law No. 2011-143. 19.1.948 Refer to By-law No. 2011-138. 275 2013-109 19.1.952 Refer to By-law No. 2012-81, as amended by By-law No. 2013-109. 2013-108 19.1.953 Refer to By-law No. 2012-80, as amended by By-law No. 2013-108. 2013-110 19.1.954 Refer to By-law No. 2012-82, as amended by By-law No. 2013-110. 19.1.955 Refer to By-law No. 2012-29. 19.1.956 Refer to By-law No. 2013-05. 19.1.957 Refer to By-law No. 2013-05. 19.1.958 Refer to By-law No. 2012-31. 19.1.960 Refer to By-law No. 2012-84. 19.1.961 Refer to By-Iaw No. 2012-134. 2014-130 19.1.964 Refer to By-Iaw No. 2010-152, as amended by By-Iaw Nos. 2012-63, 2012-64 2012-63 and 2014-130. 2012-64 2014-130 19.1.965 Refer to By-Iaw No. 2012-68. 19.1.966 Refer to By-Iaw No. 2012-136. 19.1.967 Refer to By-law No. 2012-136. 19.1.968 Refer to By-Iaw No. 2012-100. 2018-010 19.1.969 Refer to By-Iaw No. 2012-102. 19.1.970 Refer to By-law No. 2012-119. 19.1.971 Refer to By-Iaw No. 2012-121. 19.1.972 Refer to By-law No. 2012-133. 276 19.1.973 Refer to By-law No. 2013-01. 19.1.974 Refer to By-law No. 2013-05. 19.1.975 Refer to By-Iaw No. 2013-05. 19.1.976 Refer to By-Iaw No. 2013-29. 19.1.977 Refer to By-Iaw No. 2013-30. 19.1.978 Refer to By-Iaw No. 2013-31. 19.1.979 Refer to By-law No. 2013-32. 19.1.980 Refer to By-Iaw No. 2013-24. 19.1.981 Refer to By-Iaw No. 2013-25. 19.1.982 Refer to By-Iaw No. 2013-76. 19.1.983 Refer to By-Iaw No. 2013-77. 19.1.984 Refer to By-Iaw No. 2013-90. 19.1.985 Refer to By-Iaw No. 2013-94. 19.1.986 Refer to By-Iaw No. 2013-111. 19.1.987 Refer to By-Iaw No. 2013-127. 19.1.988 Refer to By-Iaw No. 2013-127. 19.1.989 Refer to By-Iaw No. 2013-126. 19.1.990 Refer to By-Iaw No. 2013-126. 2014-10 19.1.991 Refer to By-Iaw No. 2013-135, as amended by By-Iaw No. 2014-10. 277 19.1.992 Refer to By-Iaw No. 2013-169. 19.1.993 Refer to By-Iaw No. 2013-169. 19.1.994 Refer to By-Iaw No. 2014-36. 19.1.995 Refer to By-law No. 2014-33. 19.1.996 Refer to By-Iaw No. 2014-32. 19.1.997 Refer to By-Iaw No. 2014-032. 19.1.998 Refer to By-Iaw No. 2014-52. 19.1.999 Refer to By-Iaw No. 2014-52. 19.1.1000 Refer to By-Iaw No. 2014-52, as amended by 2018-97. 19.1.1001 Refer to By-Iaw No. 2014-52. 19.1.1002 Refer to By-Iaw No. 2014-53. 19.1.1003 Refer to By-Iaw No. 2014-73. 19.1.1004 Refer to By-law No. 2014-75. 19.1.1005 Refer to By-Iaw No. 2014-76. 19.1.1006 Refer to By-Iaw No. 2014-80. 19.1.1007 Refer to By-Iaw No. 2013-26, as amended by By-Iaw No. 2016-128. 19.1.1008 Refer to By-Iaw No. 2014-129. 19.1.1009 Refer to By-Iaw No. 2015-42. 19.1.1010 Refer to By-Iaw No. 2015-51. 278 19.1.1011 Refer to By-law No. 2015-52. 19.1.1012 Refer to By-law No. 2015-67. 19.1.1013 Refer to By-Iaw No. 2015-83, as amended by By-law No. 2016-31. 19.1.1014 Refer to By-Iaw No. 2015-124. 19.1.1015 Refer to By-Iaw No. 2015-150. 19.1.1016 Refer to By-Iaw No. 2015-146. 19.1.1017 Refer to By-Iaw No. 2015-139. 19.1.1018 Refer to By-Iaw No. 2015-149. 19.1.1019 Refer to By-Iaw No. 2016-28. 19.1.1020 Refer to By-Iaw No. 2016-35. 19.1.1021 Refer to By-Iaw No. 2016-49. 19.1.1022 Refer to By-Iaw No. 2016-49. 19.1.1023 Refer to By-Iaw No. 2016-49. 19.1.1024 Refer to By-Iaw No. 2016-53. 19.1.1025 Refer to By-law No. 2016-52. 19.1.1026 Refer to By-Iaw No. 2016-68. 19.1.1027 Refer to By-Iaw No. 2016-77. 19.1.1028 Refer to By-Iaw No. 2016-78. 19.1.1029 Refer to By-Iaw No. 2016-95. 279 19.1.1030 Refer to By-law No. 2016-96. 19.1.1031 Refer to By-law No. 2016-112. 19.1.1032 Refer to By-law No. 2016-112. 19.1.1033 Refer to By-law No. 2017-01. 19.1.1034 Refer to By-law No. 2017-17. 19,1.1035 Refer to By-law No. 2017-03. 19.1.1036 Refer to By-Iaw No. 2017-03. 19.1.1037 Refer to By-Iaw No. 2017-12. 19.1.1038 Refer to By-Iaw No. 2017-27. 19.1.1039 Refer to By-Iaw No. 2017-27. 19.1.1040 Refer to By-Iaw No. 2017-27. 19.1.1041 Refer to By-Iaw No. 2017-44. 19.1.1042 Refer to By-Iaw No. 2017-44. 19.1.1043 Refer to By-Iaw No. 2017-44. 19.1.1045 Refer to By-Iaw No. 2018-11. 19.1.1046 Refer to By-Iaw No. 2017-63. 19.1.1047 Refer to By-Iaw No. 2017-62. 19.1.1048 Refer to By-Iaw No. 2017-83. 280 19.1.1049 Refer to By-law No. 2017-90. 19.1.1050 Refer to By-law No. 2017-102. 19.1.1051 Refer to By-law No. 2017-123. 19.1.1052 Refer to By-law No. 2017-124. 19.1.1053 Refer to By-Iaw No. 2017-136. 19.1.1054 Refer to By-Iaw No. 2017-147. 19.1.1055 Refer to By-law No. 2018-24. 19.1.1056 Refer to By-law No. 2018-24. 19.1.1057 Refer to By-Iaw No. 2018-22. 19.1.1059 Refer to By-law No. 2018-30. 19.1.1060 Refer to By-law No. 2018-34, as amended by By-Iaw No. 2018-110. 19.1.1061 Refer to By-Iaw No. 2018-54. 19.1.1062 Refer to By-Iaw No. 2018-67. 19.1.1063 Refer to By-Iaw No. 2018-66. 19.1.1064 Refer to By-Iaw No. 2018-74. 19.1.1065 Refer to By-Iaw No. 2018-74. 19.1.1066 Refer to By-Iaw No. 2018-94. 19.1.1067 Refer to By-Iaw No. 2018-53. 19.1.1068 Refer to By-Iaw No. 2018-98. 19.1.1069 Refer to By-Iaw No. 2018-95. 281 19.1.1070 Refer to By-law No. 2018-96. 19.1.1071 Refer to By-law No. 2018-97. 19.1.1073 Refer to By-law No. 2018-111. 19.1.1074 Refer to By-law No. 2018-93. 19.1.1075 Refer to By-law No. 2018-99. SECTION 20 - ADMINISTRATION 20.1 This By-law shall be administered by a person or persons appointed from time to time by the Council of The Corporation of the City of Niagara Falls for that purpose. SECTION 21 - VALIDITY 21.1 If any section, clause of provision of this By-law including anything contained in any of the Schedules attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this By-law shall remain in full force and effect until repealed. SECTION 22 - PENALTY 22.1 Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine of not more than $1,000.00, exclusive of costs. SECTION 23 - REPEAL OF OTHER BY-LAWS 23.1 Except as provided in section 23.2, By-law No. 5335, 1955 of The Corporation of the City of Niagara Falls and all amendments thereto, By-law No. 2350, 1959 of The Corporation of the Township of Stamford and all amendments thereto, By-law No. 2530, 1960 of The Corporation of the Township of Stamford and all amendments thereto and By-law No. 974 of The Corporation of the Village of Chippawa and all amendments thereto are hereby repealed. 23.2 Section 23.1 shall not apply to repeal the following by-laws which have been passed by the Council of The Corporation of the City of Niagara Falls but have not yet come into force: (1) By-law No. 77-273 being "A by-law to amend By-law No. 2530, 1960 of the former 282 (2) (3) Appr. Feb.8/79 (4) Same as by-law Appr. Jan.24/80 (setbacks) Appr. Nov.30/79 (6) (see S.P.27) Appr. Nov.27/79 (7) Appr. (8) (see 79-206) (5) Denied by OMB on Feb. 28/80 (9) Amended (10) by 81-208 Appr. Oct. 16/79 (11) 500m2 lot area front yard 7.5m Appr. Nov. 8/79 (12) Same as by-law Appr. Dec. 6/79 (13) (frontage) Replaced by (14) 81-2 Township of Stamford, now in the City of Niagara Falls, as amended" (proposed West Meadow Plan of Subdivision), By-law No. 78-89 being "A by-law to amend By-law Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended" and By-law No. 78-98 being "A by-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended" (proposed Ascot Wood Stage 2 Plan of Subdivision). By-law No. 78-118 being "A by-law to amend By-law Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended" (Ministry of Transportation and Communications lands at northeast corner of Lundy's Lane and Belmont Avenue), By-law No. 79-3, being "A by-law to amend By-law Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford now in the City of Niagara Falls, as amended" proposed Moretta Estates Plan of Subdivision), By-law No. 79-53 as amended by By-law 88-59 and further amended by 88-155, is repealed by 88-291. By-law No. 79-107 being "A by-law to amend By-law No. 5335, 1955, as amended" (Angotti property on northerly side of Ferry Street and Victoria Avenue), By-law No. 79-124 is hereby repealed by 88-78, By-law No. 79-135, being "A by-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended" (proposed Sunnyside Plan of Subdivision), By-law No. 79-136 being "A by-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended" (Aiello property at southwesterly corner of Montrose Road and Mulhern Street), By-law No. 79-154 being "A by-law to amend By-law No. 5335, 1955, as amended" (G.A. Romeo Construction Limited property on westerly side of River Road between John and Philip Streets), By-law No. 79-171 being "A by-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended" (proposed Meadowvale Extension Plan of Subdivision), By-law No. 79-172, being "A by-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended" (land on the west side of Pettit Avenue between Dawson Street and Cropp Street), By-law No. 79-193 being "A by-law to amend By-law No. 5335, 1955, as amended" (Barone property on east side of Stanley Avenue south of Ferry Street), By-law No. 79-194 being "A by-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended" (Cushing property, southwesterly corner of Dorchester Road and Leeming Street), and 283 wherever there is a reference in the said By-law Nos. 77-273, 78-89, 78-98, 78-118, 79-3, 79-53, 79-107, 79-124, 79-135, 79-136, 79-154, 79-171, 79-172, 79-193 and 79-194 to a by-law repealed by section 23.1, such repealed by-law stands good and shall be read and construed as unrepealed in so far, and in so far only, as is necessary to support, maintain or give effect to said By-law Nos. 77-273, 78-89, 78- 98, 78-118, 79-3, 79-53, 79-107, 79-124, 79-135, 79-136, 79-154, 79-171, 79-172, 79-193 and 79-194. 23.3 Except as provided in section 23.2, in addition to the laws repealed by section 23.1, By- law Nos. 1776, 2403, 2806, 3488, 3599, 4024, 4025, 4045, 4046, 4103, 4692, 4929, 5196, 5300, 5352 and 7755 of The Corporation of the City of Niagara Falls and amendments thereto and all restricted area by-laws heretofore passed by the Councils of The Corporation of the City of Niagara Falls, The Corporation of the Township of Stamford and The Corporation of the Village of Chippawa which apply to the defined area described in section 3.1 and which were passed under section 35 of The Planning Act, R.S.O. 1970, Chapter 349 or a predecessor of that section or deemed to be consistent with that section by subsection 3 of section 13 of The Municipal Amendment Act, 1941 are hereby repealed. Passed this 5th day of November, 1979. (signed) J.L. Collinson (signed) S.W. Thomson J.L. COLLINSON, CITY CLERK WAYNE THOMSON, MAYOR First Reading: Second Reading: Third Reading: November 5th, 1979. November 5th, 1979. November 5th, 1979. 284 0 w ^anning&Development De"artmen" z „ 0 0 ce LLJ -J 00 uZ) 8° a x >- to z 0 z z w o z J o 0, W a. z z oC 0N w ,;; Q. w oW mul z 0 H a CO0 f W 0 .,.,.�° O 0 CIL J LLJ 0• 0 �� z O 0 U SHEET Al 4-1 O J tams O LQL .0 cc Q � E CL0 O N z Q! Q LL N 00 r az5 H m U c c co Scale 1:13 000 Print Date: OCTOBER 2018 ZONING BY-LAW 0 N(3% ZONE LINES 1 0 z z O Oar a -'o uw w cn cu z mQ N 9 W rl N n x0 CO m o N m t w SHEET A2 M CITY OF NIAGARA FALLS Scale 1:13 000 Print Date: OCTOBER 2018 ZONE LINES 1 0 0 > o az J 0H • V WW a U) o2f w Z - O CD O • m n m CL — lil N CO 1", U co CO o o 0 X W W 0 Q O to 0 < Z � 0 SHEET A3 CITY OF NIAGARA FALLS Scale 1:13 000 Print Date: OCTOBER 2018 ZONING BY-LAW ZONE LINES 1 0 0 Oa' z J 0 V CO W W 1'4 01 01 (n 1 O O O o2i W LO l0 10 vi u") z mNm‘zt- 0 0001 N/) O' O Eo) 4 4 cb 'i W a, O O O .--I 0 cr w SHEET A4 LL 0,4 Va CITY OF NIAGARA FALLS Scale 1:13 000 Print Date: OCTOBER 2018 ZONING BY-LAW ZONE LINES 1 0 z z 0 V Oa o0 oe d N l0 J O w6 V r. O O 7aWwo EY) v is r, m ct w c c (A(i) Z O `.-°v vrn F H O N0 0 d LO Q1 m d' V' WW_7 Ol O, O' 0 0 LO CCI w SHEET A5 CITY OF NIAGARA FALLS N EE E ICIO QO LnN E t1. O N v c5 c co coo Scale 1:13 000 Print Date: OCTOBER 2018 ZONING BY-LAW N1/4\11.c.4\r.rt. 1 i + ZONE LINES 1 0 z 0 c� a z J o u p W d in Q% W O N W d c' W O U X W w 2 S 0 2 BEECHWOOD RD111 0 w 0 U THOROLD TOWNLINE RD Oh x U1 Z o o, (NI LLI 00 In O 00 SHEET A6 CITY OF NIAGARA FALLS 4--i a) a) E E MS O 0 - a) 0 a-+ a) E 0. _0 a) a) 0 dS cO n3 a Scale 1:13 000 Print Date: OCTOBER 2018 ZONE LINES 1 GARNER RD 01 Ln COfcl w 00 O co Ln (Z1 W co lf1 0 1 LL W LL 0 BY-LAW NO. TOWNSHIP OF CROWLAND W n MORRIS o 1)p � o ow N • m • 0 z� 8 p U 0 MCKENNEY RD SHEET A7 EE Q J ( 41) L¢L 0 E' Q N E o_ O m z a, Q �- ami O 0 U c' Co ro 0 Scale 1:13 000 Print Date: OCTOBER 2018 ZONING BY-LAW N � 1 IL n a 44.111 ZONE LINES 1 f UJ n a w n cn 0 W 7-1 cern cos uO O W z u. O TOWNSHIP OF CROWLAND MCKENNEY RD 414 Ma. SHEET A8 CITY OF NIAGARA FALLS E rt3 c)a)`� 0 a) E 0 O 4) aa)) 0 (25 rts Scale 1:13 000 Print Date: OCTOBER 2018 ZONING BY-LAW 0 z z cn o w W a z Z OCC NN U a. 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