SECTION 5: INTERPRETIVE PROVISIONS RELATIVE TO USE CODES
21. RULES FOR INTERPRETING USE CODES
The classification of uses in Chapter 4 of the present by-law uses a coding system for uses similar to that in the 2005 edition of the Manuel d’évaluation foncière du Québec.
All the codes for the classes of uses, the codes for the sub-classes of uses and the codes for uses used in the by-law are to be found in Appendix B. A code designating a class of uses, a sub-class of uses or a use, as well as the name given to a code, may differ from those in the 2005 edition of the Manuel d’évaluation foncière du Québec. Finally, several of the codes in this manual are not used in the by-law.
The detailed coding of the uses in Appendix B is categorized according to the number of numerals in the codes, as follows:
Class of uses Sub-class of uses Uses
Code with 2 numerals Code with 3 numerals Code with 4 numerals
The detailed coding for uses in Appendix B must be used for interpreting the overall classification of the uses in Chapter 4. The following rules apply:
1° When the list of uses included in a sub-category of uses in Chapter 4 refers to a code with 2 numerals, any use listed in Appendix B for which the 4-numeral code begins with the same 2 numerals is included in the category or sub-category of uses.
2° When the list of uses included in a sub-category of uses in Chapter 4 refers to a code with 3 numerals, any use listed in Appendix B for which the 4-numeral code begins with the same 3 numerals is included in the category or sub-category of uses.
3° When the list of uses included in a sub-category of uses in Chapter 4 refers to a code with 4 numerals, only the corresponding special use is included in the category or sub-category of uses.
In the case of incompatibility between the use code used in the by-law and its name, the name of the use takes precedence.
In the case of incompatibility between the overall classification of the uses in Chapter 4 and the reference to the sub-category of uses listed in Appendix B, the overall classification takes precedence.
In the case of incompatibility between the name of a use in the by-law and the name of a use in Appendix B, the name of the use in the by-law takes precedence.
Interpretation of the use codes must take into account the remarks inserted in brackets following the name associated with the code and, as needed, the words or expressions defined in Chapter 3. In addition, the meaning and the scope of the use codes must be determined in terms of the logic behind the coding, and by interpreting the various codes as they relate to one another.
CHAPTER 2
ADMINISTRATIVE PROVISIONS
22. APPLICATION OF THE BY-LAW
Application of the by-law is carried out by the designated official named according to the provisions of the by-law on permits and certificates (By-law 1051 for the Town of Pierrefonds and By-law 93-558 for the Town of Roxboro).
23. POWERS AND DUTIES OF THE DESIGNATED OFFICIAL
The powers and duties of the designated official are defined in the by-laws on permits and certificates (By-law 1051 for the Town of Pierrefonds and By-law 93-558 for the Town of Roxboro).
24. VIOLATIONS, SANCTIONS, RECOURSE AND PROSECUTION
The provisions related to a violation, a sanction, recourse or legal prosecution in regard to the by-law are those set out in the by-by-laws on permits and certificates (By-by-law 1051 for the Town of Pierrefonds and By-law 93-558 for the Town of Roxboro).
CHAPTER 3 TERMINOLOGY
25. TERMINOLOGY
For the interpretation of the planning regulations, the following words and expressions have the meanings attributed to them by the present article.
STORAGE ENCLOSURE FOR WASTE MATERIAL
Closed structure, other than a building, intended for the temporary storage of garbage and recyclable materials between collections (example: container).
CARPORT
M Accessory
building attached or non-attached to a main building or to another accessory building, formed of a roof contiguous to pillars, open on at least two sides and with at least one side attached to another building. The car shelter is used to protect a passenger vehicle. (CA29 0040-24; 2016-10-28)
See also “Accessory Building”.
TEMPORARY WINTER GARAGE
Removable shelter, installed for a limited time period set by the zoning by-law, and used to shelter a passenger vehicle during the winter.
TEMPORARY BOAT SHELTER
Temporary shelter, without a crib, used to shelter a watercraft. A temporary boat shelter does not constitute a structure under the meaning of this by-law.
COVERED FUELING AREA
Canopy, attached or not attached to a building, to protect the clientele from intemperate weather during the refuelling of a vehicle’s fuel tank.
REMOVABLE SHELTER
Light structure, easily disassembled, made from fabricated tubular metal, covered with weatherproof, synthetic or plastic sheeting, to shelter an outdoor space or a vehicle, a piece of equipment, goods or other stored object, placed or parked in a yard.
See also “Accessory Building”.
WINTER SHELTER
A temporary winter shelter in the form of a carport, doorway shelter or tunnel.
WINTER DOORWAY SHELTER
Removable shelter, installed for a limited time period set by the zoning by-law, and used to protect the entrance to a building from the wind, cold and snow accumulation.
WINTER TUNNEL SHELTER
Removable shelter, installed for a limited time period set by the zoning by-law, and used to protect a pedestrian passage, sidewalk or access ramp from the wind, cold and snow accumulation.
LANDSITE ENTRANCE (Synonym: curb cut)
Driveable entrance installed on the boundary of a street easement to allow the passage of a vehicle from the street onto a contiguous landsite.
When the driveable portion of the street does not extend as far as the edge of the street easement, entrance to the landsite also includes the portion of the driveway entrance that extends from the edge of the street easement as far as the drivable portion of the street.
ENLARGEMENT
Work to increase the area or the volume of a structure or an installation, to increase the area of a landsite or to increase the area occupied by a use.
AGRICULTURE
Agriculture as meant in the Act respecting the preservation of agricultural land and agricultural activities (R.S.Q., c. P-41.1).
LEISURE AREA
Designates an outdoor space for relaxation and leisure pursuits, located on a landsite occupied by a dwelling and for the exclusive use of the occupants of the dwelling.
LOADING AREA
Off-street space reserved for a delivery vehicle when loading or unloading merchandise.
ENTRANCE AISLE
Vehicular aisle between a landsite entrance and an off-street parking area or a manœuvering area in order to allow the vehicle access to the off-street parking area or the loading space, as the case may be.
CIRCULATION AISLE
Aisle installed inside a parking area to allow a vehicle to circulate within the parking area and to access a parking space. Thus the expression “circulation aisle” designates both an aisle
EXTERIOR LAYOUT AND LANDSCAPING
M Installation
for creating the spatial configuration and structuring of a landsite, by means of the placement of materials and planting. Without restricting the generality of the foregoing, the expression
“Exterior layout and landscaping” designates in particular an access aisle, an entrance aisle, a landsite entrance (curb cut), a circulation aisle, an off-street parking area, a loading space, a pedestrian passage, a fence, a ditch, a fill, a backfill, an excavation, an excavated soil, a retaining wall and a leisure area.
(CA29 0091; 2016-05-02)
HOME ANTENNA
Antenna used solely for the reception of radio waves, television waves or short waves for private purposes.
MATURE TREE
In the case of a deciduous tree, the tree is considered as being mature when it has a D.B.H of 10 cm and in the case of a conifer, the tree is considered as being mature when it reaches a height of 2 m.
COMPETENT AUTHORITY
The head of the Department of Urban Planning and Services to Businesses (Service de l’aménagement urbain et des services aux enterprises) or his representatives authorized to act on his behalf.
AWNING
Small roof, not supported by columns or walls, installed projecting from a building, over an opening or a terrace, for the purpose of protection against intemperate weather and the sun.
FASCIA
Portion of a roof that projects beyond the exterior façade of a wall of a building.
ELECTRONIC BILLBOARD
Sign equipped with a device that allows the display of fixed or repeating messages in illuminated letters or images.
BALCONY
M Open
raised platform, covered by a roof or uncovered, connected to the ground by means of steps or a ramp, projecting from an exterior wall of a building, cantilevered or supported by posts or brackets, surrounded or not by a guardrail.
See also “Veranda” and “Front Porch”.
(CA29 0040-4; 2011-08-30)
ENTRANCE AWNING
Canvas covering over a building entrance to protect against intemperate weather or the sun.
BUILDING
Structure with a roof supported by columns and walls, whatever its use, housing or accommodating a person, an animal or a thing.
ACCESSORY BUILDING
M Building
detached from a main building, built on the same landsite as the latter and occupied solely by an accessory use to the main use.
(CA29 0040-4; 2011-08-30)
ATTACHED ACCESSORY BUILDING
Accessory building contiguous with another accessory building or a main building, over a width of at least 3 m, by means of a wall, a roof, a canopy or a corridor.
DETACHED ACCESSORY BUILDING
R (CA29
0040-4; 2011-08-30).
MODULAR BUILDING
Building composed of one or more new prefabricated modules, certified in accordance with the applicable CSA standards and designed to be transported individually and be assembled on the final site for which they are intended.
MAIN BUILDING
Building occupied by one or more main uses authorized in the zone in which it is located, or by one or more main uses protected by acquired rights.
CONTIGUOUS MAIN BUILDING
Main building forming part of a group of at least three main buildings attached to one another and having at least one side party wall over a depth of at least 5 m, measured from the main façade.
See also “Diagram of Dwelling Structures”.
ROWHOUSE MAIN BUILDING
Synonym of “Contiguous Main Building”.
END ROWHOUSE MAIN BUILDING
Main building that is part of a row of contiguous buildings and is located at the end of this row.
DETACHED MAIN BUILDING
Main building detached from any other main building.
See also “Diagram of Dwelling Structures”.
SEMI-DETACHED MAIN BUILDING
Main building attached to one other main building by a side party wall over a depth of at least 5 m measured from the main façade.
See also “Diagram of Dwelling Structures”.
LATERAL 3-TYPE MAIN BUILDING R Repealed
(CA29 0040-15; 2013-09-16)
TEMPORARY BUILDING
Building with no permanent foundation installed or erected for a special purpose and for a limited time period set by the zoning by-law.
N CLOTHES AND TEXTILES RECYCLING BIN
Container used to collect donations from the general public, notably clothes or textiles, in order to recycle or reuse them. (CA29 0040-22; 2016-10-18)
CAMPGROUND
Establishment offering to the public, in return for payment, sites to accommodate tents or recreational camping vehicles, with the exception of a campground on a farm that belongs to the owner or operator of the livestock facilities concerned. (CA29 0091;
2016-05-02) CELLAR
Storey of a building situated below the ground floor, in which at least half the height, measured from the floor to the finished ceiling or from the bottom of the joists of the floor above if the ceiling is unfinished, is below average exterior grade level, after the final grading.
A cellar is not taken into account when calculating the number of storeys in a building.
RETIREMENT HOME OR CURATIVE FACILITY
A facility in which in-patient, out-patient or home-care services are offered for the lodging, maintenance, keeping under observation, treatment or social rehabilitation, as the case may be, of persons whose condition, by reason of their age or their physical, personality, psycho-social or family deficiencies, is such that they must be treated, kept in protected residence or, if need be, placed under confinement or be on home treatment, including a nursery, but excluding the following:
a) A service for the provision of childcare within the meaning of the Act respecting childcare centres and childcare services (R.S.Q., c. C-8.2) foster families, vacation camps and other similar facilities;
b) A facility maintained by a religious institution to receive its members or followers.
CHANGE OF USE
Constitutes a change of use as follows:
a) Replacing the use for a landsite, or building, or part of either of these with another use, even if this use is included in the same sub-category of uses, the same category of uses or the same group;
b) Beginning the exercise of a use on a landsite, in a building or a part of either of these which up until then had been vacant;
c) Ceasing the exercise of a use on a landsite, in a building or part of either of these.
FENCE
Structure, whether shared or not, made up of posts and materials authorized in the zoning by-law, installed for the purpose of delineating, marking or closing in a space.
SNOW FENCE
Fence made of rough-sawn slats of wood, or of a similarly resistant material, fixed together with wires or polymer filament, or made of plastic snow fence material, installed for a limited time period n order to enclose a space or form a barrier against the wind and the drifting or accumulation of snow.
COVERAGE RATIO
See “Built space/landsite ratio".
FLOOR AREA RATIO (F.A.R.)
See “Building footprint/landsite ratio”.
PLANNING ADVISORY COMMITTEE
The Planning Advisory Committee created by Borough by-law.
COUNCIL
The Borough Council of the Borough of Pierrefonds-Roxboro.
STRUCTURE
Building, structure or other orderly installation resulting from the assembly of materials. Also designated is anything erected, built or constructed that requires a position on the ground or that is joined to anything that requires a position on the ground.
ACCESSORY STRUCTURE
Structure attached to or detached from a main building, built on the same landsite as the latter and in which is exercised solely an accessory use to the main use, or, when permitted by the zoning by-law, an additional use to the main use.
N GARDEN STRUCTURE
Accessory structure designed for outdoor enjoyment. See also: gloriette, gazebo, pergola.
(CA29 0040-24; 2016-10-28)
N LATERAL ZERO STRUCTURE
Structure whose sitting is located at a distance varying from 0 cm to 20 cm from the side landsite line. (CA29 0040-4; 2011-08-30)
TEMPORARY STRUCTURE
Structure of a transient nature, intended for special purposes and for a limited time period set by the zoning by-law.
ROOFTOP STRUCTURE
Structure erected on the roof or extending beyond the roof of a building, associated with or housing an element associated with, the functioning of the mechanical or electrical components of a building or with the exercise of an authorized use for the building, such as a water tank, mechanical equipment for the building, a shaft housing or elevator shaft housing, a stairwell entrance structure, a ventilation or light shaft, or communication equipment.
N WATERSIDE CORRIDOR
The strip of land bordering a lake or waterway. This corridor extends inland away from the high water mark. Its width is measured horizontally, extending 300 metres from the edge of a lake and 100 metres from the edge of a watercourse with a regular flow. (CA29 0091; 2016-05-02)
CLEARCUTTING
Felling of trees that is not aimed at making an installation or erecting a structure authorized in virtue of a by-law of the Borough of Pierrefonds-Roxboro and that involves the felling of all the trees contained inside a continuous perimeter surrounding an area of at least 60 m².
SANITATION FELLING
Tree felling that consists of selectively felling or harvesting trees that are weak, abnormal, withered, damaged or dead in a stand of trees.
TREE FELLING
Felling of one or more trees.
COURTYARD
Open-air space bounded by the wall of a building, its extension and the landsite line, or totally surrounded by the exterior walls of a building.
REAR YARD
Area of the landsite at the rear of a main building and delineated in terms of the characteristics of the landsite on which the main building is constructed.
The rear yard is delineated by the rear landsite boundary line, the side landsite boundary lines, the rear wall of the main building and its rectilinear extension up to the side landsite boundary lines.
See also “Yard Diagrams”.
FRONT YARD
Area of the landsite at the front of a main building and delineated in terms of the characteristics of the landsite on which the main building is constructed.
The front yard is delineated by the front landsite boundary line, the side landsite boundary lines, the front wall of the main building and its rectilinear extension up to the side landsite boundary lines.
See also “Yard Diagrams”.
SIDE YARD
Area of the landsite at the side of a main building in terms of the characteristics of the landsite on which the main building is constructed.
The side yard is delineated by the side landsite boundary line, the side wall of the main building, the rectilinear extension of the front wall of the main building up to the side landsite boundary lines and the rectilinear extension of the rear wall of the main building up to the side landsite boundary lines.
See also “Yard Diagrams”.
WATERCOURSE
M Any mass of water that runs in a bed with a regular or intermittent flow, including beds made or modified through human intervention, except for a ditch for a public or private thoroughfare, a party ditch or a drainage ditch. This definition includes the bodies of water located at the limits of the borough, Rivière des Prairies and Lac des Deux Montagnes, as well as interior watercourses.
(CA29 0091; 2016-05-02)
IRREVERSIBLE DIEBACK
More than 50% of dead wood in the treetops.
D.B.H.
Diameter at Breast Height. Abbreviation designating the diameter of the bole of a tree measured at a height of 1 m from grade level.
HOME SCHOOL
Teaching establishment run by an individual in a single-family dwelling that serves as his home.
ELEMENTARY SCHOOL
Teaching establishment for primary grades offering a program of courses spread over a six-year period. The school may sometimes include classes for children of pre-school age.
POLYVALENT SCHOOL
Teaching establishment at the high school level offering a program of courses spread over a 5-year period. The school offers a long (5 5-years) high school course, a short high school course leading to vocational programs, and vocational programs.
HIGH SCHOOL
Teaching establishment at the high school level offering a study program with one or several years of courses.
PRUNING
Action of cutting twigs or branches of a tree in a precise manner.
TRIMMING
Operation that consists of removing a portion of the shoots to control the shape or growth of a tree.
RIGHT OF WAY
Area of a landsite occupied or intended to be occupied by a thoroughfare or infrastructure for a public service
ENCLOSURE
N See
“Fence” (CA29 0040-23; 2016-10-28) SIGN
Any compilation of marks, symbols, letters, numerals or other characters, any image, drawing, engraving or other pictorial representation, any constant, intermittent, scrolling or otherwise mobile lighting assembly, any emblem, logo or other figure, any flag, pennant or banner, any inflatable character or other volume as well as any other compilation, assembly or device, that meets the following three conditions:
a) is attached to, stuck on, painted on, engraved on or otherwise installed on or fixed to,
a) is attached to, stuck on, painted on, engraved on or otherwise installed on or fixed to,