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Chapter 2 Compliance with this By-law
2.1 Matters to Comply
(1) | Uses to Conform with this By-law |
| No person may use or permit the use of any land, building or structure except in conformity with this By-law.
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(2) | Buildings and Structures to Comply with this By-law |
| No person may use, erect or alter a building or structure that does not comply with this By-law.
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(3) | Lands to Comply with this By-law |
| A lot may not be reduced in area either by severance, conveyance, transfer of ownership or otherwise, unless the remainder of the lot complies with this By-law.
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(4) | Reduction of Lot Area - Conveyance to a Public Authority |
| If a conveyance or dedication required by a Federal, Provincial or Municipal government, or an expropriation by an expropriating authority:
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(A) | causes a lot to not comply with the required minimum lot frontage, required minimum lot depth, required minimum lot area or required minimum building setback regulations of this By-law, the lot is deemed to comply with those regulations if the reduction:
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(i) | creates a lot frontage, lot depth or lot area, that is at least 85% of the required minimum lot frontage, required minimum lot depth or required minimum lot area for the zone in which the lot is located; or
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(ii) | creates a building setback that is at least 75% of the required minimum building setback for the zone in which the lot is located;
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(B) | reduces the permitted maximum number of dwelling units or the permitted maximum gross floor area on a lot, the number of dwelling units or the gross floor area on the lot is the permitted maximum number of dwelling units or the permitted maximum gross floor area that was permitted on the lot on the day before the conveyance, dedication or expropriation; [ By-law: 451-2022 ]
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(C) | causes required parking spaces on a lot to be removed, the required parking spaces that remain are deemed to satisfy the parking space requirements of this By-law for that building and permitted uses that were on the lot on the day before the conveyance, dedication or expropriation; and [ By-law: 451-2022 ]
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(D) | reduces the area of a lot so as to cause:
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(I) | a lawfully existing building on a lot to exceed the permitted maximum lot coverage, the permitted maximum lot coverage on that lot is the lot coverage on the lot on the day of the conveyance, dedication or expropriation; or
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(ii) | a vacant lot to have a smaller lot area, the permitted maximum lot coverage for that vacant lot is based upon the lawful lot area of that vacant lot on the day before the conveyance, dedication or expropriation. [ By-law: 0559-2014 (OMB PL130592) ]
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(1) | Continuation of Existing Variances |
| All minor variances applied for prior to the enactment of this By-law and finally approved pursuant to Section 45 of the Planning Act or its predecessor continue to apply and remain in force as if they are variances to this By-law for lawfully existing lots, buildings or structures.
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(2) | Continuation of Finally Approved Variances |
| After the expiration of the exemption period in Clause 2.1.3.7, any finally approved minor variances under the Former General Zoning By-laws may be relied upon, if the regulatory standard respecting which the minor variance was given is the same or more permissive in this By-law than in the Former General Zoning By-laws.
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(3) | Minor Variance - Application of Former General Zoning By-laws |
| The Former General Zoning By-laws, including the definitions, apply to assist in the interpretation of any minor variance referred to in regulation 2.1.2(1) and (2) in the context of this By-law.
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(1) | Transition Clause General |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(1) | Building Permit Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(2) | Building Permit Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(1) | Zoning Certificate Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(2) | Zoning Certificate Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(3) | Zoning Certificate Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(1) | Transition: Minor Variance Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(2) | Minor Variance Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(3) | Minor Variance Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(1) | Site Plan Approval Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(2) | Site Plan Approval Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(3) | Site Plan Approval Applications |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(1) | Other Approvals and Agreements |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(2) | Other Approvals and Agreements |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(3) | Other Approvals and Agreements |
| Deleted in accordance with Regulation 2.1.3.8, May 9, 2018. [ By-law: 569-2013 ]
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(1) | Transition Clause Application |
| Nothing in this By-law applies so as to continue the application of Clauses 2.1.3.1 to 2.1.3.6 beyond the issuance of the building permit upon which the exemptions are founded.
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(2) | Transition Clause Duration |
| In no case do the exemptions mentioned in Clauses 2.1.3.1 to 2.1.3.6 continue beyond the repeal of this transition section.
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(1) | Transition Clause Repeal |
| Clauses 2.1.3.1 to 2.1.3.6 are repealed five years after May 9, 2013. [OMB PL130592 Sept 13,2016]
[ By-law: OMB PL130592 Sept 13,2016 ]
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