zoning bylaw - County of Brant

Transcription

THE CORPORATION OF THE COUNTY OF BRANT
BY-LAW 110-01, as amended
ZONING BY-LAW
OFFICE CONSOLIDATION
Prepared March, 2015
Containing all amendments as of April 14, 2016
Updated to By-Law No: 24-16
This is an office consolidation of By-Law 110-01 and amendments thereto. It is prepared
for convenience purposes only. For accurate reference you should consult the original
By-Laws, which are retained by the County Clerk.
For additional updates check the web version of this document at http://www.brant.ca/
Follow the “Development Services” link.
County Of Brant Zoning By-Law Office Consolidation
By-Law 110-01, March, 2015
TABLE OF CONTENTS
PREAMBLE ..................................................................................................................... 1
SECTION 1 APPLICATION, INTERPRETATION AND ENFORCEMENT .................. 1-1
(1)
Title of By-Law ..................................................................................... 1-1
(2)
Scope of By-Law .................................................................................. 1-1
(3)
Administration ...................................................................................... 1-2
(4)
Inspection ............................................................................................. 1-3
(5)
Application for Building Permits............................................................ 1-3
(6)
Issuance of Building Permits ................................................................ 1-4
(7)
Requests For Amendments ................................................................. 1-4
(8)
Risk, Expense and Compliance ........................................................... 1-4
(9)
Interpretation of By-Law ....................................................................... 1-4
(10) Schedules to By-Law ........................................................................... 1-5
(11) Violations and Penalties ....................................................................... 1-6
(12) Remedies ............................................................................................. 1-7
(13) Validity ................................................................................................. 1-7
(14) Repeal of Existing By-Laws.................................................................. 1-7
(15) Measurements ..................................................................................... 1-7
(16) Non-Conforming Building Location....................................................... 1-8
SECTION 2 DEFINITIONS .......................................................................................... 2-1
SECTION 3 GENERAL PROVISIONS ......................................................................... 3-1
(1)
Accessory Uses ................................................................................... 3-1
(2)
Access Regulations.............................................................................. 3-3
(3)
Dwelling Units ...................................................................................... 3-3
(4)
Grading ................................................................................................ 3-4
(5)
Group Homes ....................................................................................... 3-5
(6)
Height Restrictions ............................................................................... 3-5
(7)
Home Occupation - Residential............................................................ 3-6
(8)
Home Occupation ................................................................................ 3-7
(9)
Household Sales/Garage Sales ........................................................... 3-9
(10) Landscaping ......................................................................................... 3-9
(11) Lighting .............................................................................................. 3-10
(12) Loading Space Regulations ................................................................. 3-7
(13) Lots with More Than One Use or Zone .............................................. 3-12
(14) Minimum Distance Separation ........................................................... 3-13
(15) Municipal Services Required .............................................................. 3-13
(16) Non-Conforming Uses and Lots ......................................................... 3-10
(17) Open Storage ..................................................................................... 3-11
(18) Outdoor Patio Associated with a Restaurant ...................................... 3-16
(19) Parking Regulations ........................................................................... 3-13
(20) Reduction of Lot Area ........................................................................ 3-25
(21) Setbacks ............................................................................................ 3-26
(22) Sight Triangles/Daylight Corners........................................................ 3-27
By-Law 110-01, March, 2015
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
Special Policy Area ............................................................................ 3-35
Swimming Pools................................................................................. 3-28
Uses Permitted in all Zones ............................................................... 3-38
Uses Restricted in all Zones............................................................... 3-39
Yard Encroachments and Obstructions Permitted ............................. 3-32
Yard Requirements - Exterior Side Yard Condition ............................ 3-43
Yard Requirement - Satellite Dishes .................................................. 3-43
Yard Requirement - Automotive Use.................................................. 3-43
Wayside Pits ...................................................................................... 3-43
SECTION 4 ZONES AND ZONE SYMBOLS .............................................................. 4-1
(1)
Division into Zones ............................................................................... 4-1
(2)
Zone Classification ............................................................................... 4-1
(3)
Zone Symbols and Designations.......................................................... 4-3
(4)
Zone Provisions ................................................................................... 4-3
(5)
Special Provision Zones ....................................................................... 4-4
(6)
Holding ................................................................................................. 4-4
(7)
Special Flood Plain and Steep Slope Regulations ............................... 4-7
(8)
Compound Zones and Multiple Zones ................................................. 4-7
(9)
Bonus Provision ................................................................................... 4-8
(10) Temporary Use Zones ......................................................................... 4-9
SECTION 5 AGRICULTURAL (A) ZONE ..................................................................... 5-1
SECTION 6 AGRICULTURAL RESTRICTIVE (AR) ZONE ......................................... 6-1
SECTION 7 RESIDENTIAL FIRST DENSITY (R1) ZONE .......................................... 7-1
SECTION 8 RESIDENTIAL TYPE 1A (R1A) ZONE .................................................... 8-1
SECTION 9 RESIDENTIAL TYPE 1B (R1B) ZONE .................................................... 9-1
SECTION 10 VILLAGE RESIDENTIAL (VR) ZONE .................................................. 10-1
SECTION 11 VILLAGE RESIDENTIAL TYPE 1 (VR1) ZONE .................................. 11-1
SECTION 12 ESTATE RESIDENTIAL (ER) ZONE ................................................... 12-1
SECTION 13 ESTATE RESIDENTIAL TYPE 1 (ER1) ZONE ................................... 13-1
SECTION 14 ESTATE RESIDENTIAL TYPE 2 (ER2) ZONE ................................... 14-1
SECTION 15 RESIDENTIAL HERITAGE (RH) ZONE .............................................. 15-1
SECTION 16 RESIDENTIAL SECOND DENSITY (R2) ZONE ................................. 16-1
By-Law 110-01, March, 2015
SECTION 17 RESIDENTIAL SECOND DENSITY TYPE 2 (R2A) ZONE.................. 17-1
SECTION 18 RESIDENTIAL THIRD DENSITY (R3) ZONE ...................................... 18-1
SECTION 19 RESIDENTIAL MULTIPLE FIRST DENSITY (R4) ZONE .................... 19-1
SECTION 20 RESIDENTIAL MULTIPLE SECOND DENSITY (R5) ZONE ............... 20-1
SECTION 21 RESIDENTIAL OFFICE (RO) ZONE ................................................... 21-1
SECTION 22 RESIDENTIAL MOBILE HOME PARK (RMH) ZONE.......................... 22-1
SECTION 23 RESIDENTIAL TRAILER PARK (RT) ZONE ....................................... 23-1
SECTION 24 GENERAL COMMERCIAL (C1) ZONE ............................................... 24-1
SECTION 25 HIGHWAY COMMERCIAL (C2) ZONE ............................................... 25-1
SECTION 26 NEIGHBOURHOOD COMMERCIAL (C3) ZONE ................................ 26-1
SECTION 27 RECREATIONAL COMMERCIAL (C4) ZONE .................................... 27-1
SECTION 28 RURAL COMMERCIAL (C5) ZONE .................................................... 28-1
SECTION 29 AUTOMOTIVE COMMERCIAL (C6) ZONE......................................... 29-1
SECTION 30 OPEN SPACE (OS) ZONE.................................................................. 30-1
SECTION 31 RECREATION (RE) ZONE.................................................................. 31-1
SECTION 32 INSTITUTIONAL (I) ZONE .................................................................. 32-1
SECTION 33 ENVIRONMENTAL PROTECTION (EP) ZONE .................................. 33-1
SECTION 34 WETLAND (W) ZONE ......................................................................... 34-1
SECTION 35 LIGHT INDUSTRIAL (M1) ZONE ........................................................ 35-1
SECTION 36 SPECIAL INDUSTRIAL (M2) ZONE .................................................... 36-1
SECTION 37 HEAVY INDUSTRIAL (M3) ZONE ....................................................... 37-1
SECTION 38 RURAL INDUSTRIAL (M4) ZONE ....................................................... 38-1
SECTION 39 DISPOSAL INDUSTRIAL (M5) ZONE ................................................. 39-1
By-Law 110-01, March, 2015
SECTION 40 EXTRACTIVE INDUSTRIAL (EX) ZONE............................................. 40-1
SECTION 41 APPROVAL ......................................................................................... 41-1
SCHEDULES
“A”
ZONE MAPS
“B”
MINIMUM DISTANCE SEPARATION I (MDS I)
“C”
MINIMUM DISTANCE SEPARATION II (MDS II)
“D”
HEIGHT RESTRICTIONS IN VICINITY OF BRANTFORD AIRPORT
By-Law 110-01, March, 2015
1-1
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
THE CORPORATION OF THE COUNTY OF BRANT
BY-LAW NO. 110-01
Being a By-Law to regulate the use of lands and the character, location and use of
buildings and structures within the Corporation of the County of Brant, pursuant to
Section 34 of the Planning Act, R.S.O. 1990, c.P.13.
PREAMBLE
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13 provides that the
governing body of a municipal corporation may pass By-Laws to regulate the use of
lands and the character, location and use of buildings and structures;
AND WHEREAS the Council of the Corporation of the County of Brant has deemed it to
be in the public interest that such a By-Law be enacted;
NOW THEREFORE the Council of the Corporation of the County of Brant ENACTS as
follows:
SECTION 1 APPLICATION, INTERPRETATION AND ENFORCEMENT
(1)
TITLE OF BY-LAW
This By-Law may be cited as “The Zoning By-Law”.
(2)
SCOPE OF BY-LAW
(a)
LANDS SUBJECT TO BY-LAW
The provisions of this By-Law shall apply to all those lands lying within the
corporate limits of the County of Brant.
For the purpose of this By-Law, the Corporate limits of the County of Brant
exclude the City of Brantford, the Township of Tuscarora being Indian
Reserves 40 and 40A, and the portion of the former Township of
Onondaga that is part of the Six Nations Reserve being Indian Reserve
40B.
(b)
CONFORMITY WITH BY-LAW
By-Law 110-01, March, 2015
1-2
SECTION 1
(c)
No lands shall be used and no building or structure shall be erected,
altered or used within the Corporation except in conformity with the
provisions of this By-Law and except as permitted by this By-Law.
EXISTING USE CONTINUED
Nothing in this By-Law shall apply to prevent the use of any existing lot,
building or structure for any purpose prohibited by this By-Law if such lot,
building or structure was lawfully used for such purpose prior to the
passing of this By-Law, so long as it continues to be used for that purpose.
For the purposes of this By-Law, lawfully used will be restricted for the
purposes of proof to existing as of January 1, 1985.
(d)
PLANS APPROVED PRIOR TO PASSING OF BY-LAW
Nothing in this By-Law shall prevent the erection or use of any building or
structure for a purpose prohibited by the provisions of this By-Law, if the
plans for such building or structure were approved by the Corporation and
either a building permit was issued or a Site Plan Agreement entered into
prior to the date of passing of this By-Law, so long as:
(e)
(i)
when such building or structure is erected, it shall be used and shall
continue to be used only for the same purpose for which the said
building or structure was intended when such building permit was
issued or such Site Plan Agreement was entered into and shall not
be altered in any way except in conformity with the provisions of
this By-Law; and
(ii)
the erection of such building or structure is commenced within 6
months after the date of passing of this By-Law and such building
or structure is completed within a reasonable time after the erection
thereof is commenced.
COMPLIANCE WITH OTHER RESTRICTIONS
This By-Law shall not be construed so as to reduce or mitigate any
restrictions or regulations lawfully imposed by the Corporation or by any
governmental authority having jurisdiction to make such restrictions or
regulations.
(3)
ADMINISTRATION
By-Law 110-01, March, 2015
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SECTION 1
This By-Law shall be administered by a person designated from time to time by
Council as the Zoning Administrator or such other person as the Council of the
County of Brant designates.
(4)
(5)
INSPECTION
(a)
Subject to Clause (b) of this Subsection, the By-Law Enforcement Officer,
or any other officer or employee of the Corporation appointed by Council
to administer or enforce the provisions of this By-Law, or any person
acting under his or her instructions, is hereby authorized, upon producing
proper identification, to enter at all reasonable times, upon any property or
premises to inspect any property on, or in respect of which he believes on
reasonable grounds that this By-Law is being contravened.
(b)
Notwithstanding anything to the contrary in Clause (a) of this Subsection,
no officer or employee of the Corporation shall enter any room or place
actually being used as a dwelling unit or part thereof without the consent
of the occupier, except under the authority of a search warrant issued
under Section 49.1 of the Planning Act, R.S.O. 1990, c.P.13, or any
successors thereto. The occupant shall be informed that the right of entry
may be refused and entry made only under the authority of a search
warrant.
APPLICATION FOR BUILDING PERMITS
In addition to all of the requirements of the Building Code or any other By-Law of
the Corporation, no building permit shall be issued in respect of the erection or
alteration of a building or structure until the following have been submitted to and
approved by the Chief Building Official.
(a)
two copies of a site plan, drawn to scale and showing:
(i)
the true dimensions of the lot to be built upon or otherwise used;
(ii)
the location of all existing buildings, structures or uses on the lot;
(iii)
the proposed location, grade, height, and dimensions of any
building, structure or use proposed for such lot; and
(iv)
the proposed location and dimensions of yards, landscaped open
spaces, parking areas, loading spaces, existing and/or new
entrances, and water, storm and sanitary services locations, where
applicable;
By-Law 110-01, March, 2015
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SECTION 1
(b)
a statement, signed by the owner, disclosing the specific existing or
proposed building or structure and containing all information necessary to
determine if such existing or proposed building, structure or use conforms
to the requirements of this By-Law; and
(c)
(6)
two copies of a plan showing the ground level and contour lines on the lot
as of the date of the application and as same will be upon completion of
the proposed erection or alterations and when the re-distribution of all
topsoil has been completed.
ISSUANCE OF BUILDING PERMITS
Notwithstanding the provisions of the Building Code any other By-Law of the
Corporation to the contrary, no building permit shall be issued where a proposed
building, structure or alteration to an existing building or structure would
contravene in any way, one or more of the provisions hereof.
(7)
REQUESTS FOR AMENDMENTS
Every request for an amendment to this By-Law shall be accompanied by a
completed copy of the appropriate application form provided by the Corporation
and the required fee.
(8)
RISK, EXPENSE AND COMPLIANCE
The facilities, yards or other matters required by this By-Law shall be provided
and maintained at the sole risk and expense of the owner of the lands in respect
of such matters as are required hereby, and the said owner shall at all times bear
full responsibility for ensuring compliance in all respects with this By-Law.
(9)
INTERPRETATION OF BY-LAW
(a)
DEFINITIONS
(b)
In this By-Law, unless the context requires otherwise, the definitions and
interpretations set out in Section 2 hereof shall apply. Words not defined
shall have the customary meaning
SINGULAR AND PLURAL WORDS AND GENDERS
In this By-Law, unless the context requires otherwise:
(i)
words used in the singular include the plural;
(ii)
words used in the plural include the singular; and
By-Law 110-01, March, 2015
1-5
SECTION 1
(iii)
(c)
words used in the masculine gender include the feminine and
neuter.
“SHALL” IS MANDATORY
In this By-Law, the word “shall” is mandatory.
(d)
“USE” AND “OCCUPY”
In this By-Law, unless the context requires otherwise:
(10)
(i)
the verb “use” shall include “design to be used”, “arrange to be
used”, “intend to be used”, and “permit to be used”; and
(ii)
the verb “occupy” shall include “design to be occupied”, “arrange to
be occupied”, “intend to be occupied”, and “permit to be occupied”.
SCHEDULES TO BY-LAW
(a)
PART OF BY-LAW
Schedules “A”, “B”, “C”, and “D” which are attached hereto and described
in this Subsection, are hereby made a part of this By-Law as fully and to
all intents and purposes as though recited in full herein.
(b)
INTERPRETATION OF ZONE MAPS
(i)
(ii)
(iii)
Boundaries of zones shall be construed wherever possible, to be
concurrent with lot lines, property boundaries, centre lines of
streets, street allowances, closed street allowances, rights-of-way
for railways, hydro-electric transmission corridors or pipelines or
high water marks, regulatory floodlines or other conservation
authority regulation lines or boundaries of registered plans.
Where the boundary of a zone appears to be parallel to a lot line,
property boundary, a street, a street allowance, a closed street
allowance or the right-of-way of a railway, hydro-electric
transmission corridor or pipeline, such boundary shall be construed
as being parallel to such feature at the distance determined by the
scale of the Schedule.
Where the boundary of a zone cannot be resolved by reference to a
physical feature, a lot line, property boundary, the centre line of a
street, a street allowance, a closed street allowance or the right-of-
By-Law 110-01, March, 2015
1-6
SECTION 1
way of a railway, a hydro-electric transmission corridor or pipeline
or a high water mark, a regulatory floodline or other conservation
authority regulation line or a boundary of a registered plans, then
the limits of the zone shall be determined by scaling on the zone
maps to the centre of the line depicting the zone limit.
(iv)
(c)
Where the boundary of an environmental protection zone, as
interpreted in the field to the satisfaction of the conservation
authority varies from the limit shown on Schedule “A” to this ByLaw, the refined limit as interpreted in the field shall be deemed to
be the zone boundary, without an amendment to the Bylaw.
SCHEDULE “B”
Schedule “B” contains the tables and formulae for the calculations of the
Minimum Distance Separation Type I - MDS I for livestock facilities and for
manure storage.
(d)
SCHEDULE “C”
Schedule “C” contains the tables and formulae for the calculations of the
Minimum Distance Separation Type II - MDS II for additions to livestock
facilities or manure storage.
(e)
SCHEDULE “D”
Schedule “D” outlines the areas affected by the Brantford Airport Height
Restrictions.
(11)
VIOLATIONS AND PENALTIES
(a)
(b)
Every person who contravenes this By-Law, and if the person is a
corporation, every director or officer of the corporation who knowingly
contravenes this By-Law, is guilty of an offence and on conviction is liable:
(i)
on a first conviction, to a fine of not more than $25,000; and
(ii)
on a subsequent conviction, to a fine of not more than $10,000 for
each day thereof upon which the contravention has continued after
the day on which the person was first convicted.
Where a corporation is convicted under Subsection (a), the maximum
penalty that may be imposed is:
By-Law 110-01, March, 2015
1-7
SECTION 1
(i)
(ii)
(12)
(13)
on a first conviction, a fine of not more than $50,0000; and
on a subsequent conviction, a fine of not more than $25,000 for
each day or part thereof upon which the contravention has
continued after the day on which the corporation was first convicted
and not as a provided in Subsection (a).
REMEDIES
(a)
Where any building or structure is erected, altered, reconstructed,
extended or enlarged, or any building or structure or part thereof is used,
or any lot is used, in contravention of any requirements or other provisions
of this By-Law, such contravention may be removed or altered at the
instance of the Corporation pursuant to the provisions of the Planning Act,
R.S.O. 1990, or The Municipal Act, R.S.O. 1990, as amended from time to
time.
(b)
Where a conviction is entered under Section 1(11)(a), in addition to any
other remedy or any penalty provided by law, the court in which the
conviction was entered, and any court of competent jurisdiction thereafter,
may make an order prohibiting the continuation or repetition of the offence
by the person convicted.
VALIDITY
If any section, clause or provision of this By-Law, including anything contained in
the Schedules attached hereto, is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the
By-Law as a whole or any part thereof, other than the section, clause or provision
so declared to be invalid, and 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, notwithstanding that one or more provisions thereof
shall have been declared to be invalid.
(14)
REPEAL OF EXISTING BY-LAWS
All previous By-Laws of the former Town of Paris, former Township of Brantford,
former Township of Burford, former Township of Oakland, former Township of
Onondaga, or the former Township of South Dumfries, all now of the Corporation
of the County of Brant, passed pursuant to Section 34 of the Planning Act, are
hereby repealed.
(15)
MEASUREMENTS
By-Law 110-01, March, 2015
1-8
SECTION 1
All measurements of length or area used in this By-Law shall be subject to the
normal rules of rounding numbers, within the degree of precision specified by the
number of digits following the decimal point (if any), so that:
(a)
For a WHOLE NUMBER, measurements of LESS THAN 0.5 shall be
rounded DOWNWARD to the next whole unit;
(b)
For a WHOLE NUMBER, measurements of 0.5 AND GREATER shall be
rounded UPWARD to the next whole unit;
(c)
For a number having ONE DECIMAL PLACE, measurements of LESS
THAN 0.05 shall be rounded DOWNWARD to the next one-tenth unit;
For a number of ONE DECIMAL PLACE, measurements of 0.05 AND
GREATER shall be rounded UPWARD to the next one-tenth unit.
(d)
Ratios and percentage figures shall not be subject to rounding.
(16)
NON-CONFORMING BUILDING LOCATION
Notwithstanding any other aspect of this By-Law, any lot, and the location
thereon of any building, or structure thereto, which existed on or before January
1, 1985, shall be deemed to comply with the relevant regulations for setback,
building line, front yard, side yard, rear yard, and lot coverage.
By-Law 110-01, March, 2015
SECTION 2
DEFINITIONS
(1)
“ABANDONED” means the failure to proceed expeditiously with construction
work or to undertake construction work during any continuous one-year period.
(2)
“ABATTOIR” means a commercial building or structure, or part thereof, used for
the slaughtering of animals and processing of meat.
(3)
“ACCESSORY”, when used to describe a use, a building or a structure, means a
use, a building or a structure that is incidental, subordinate and devoted to a
main use, building or structure and located on the same lot therewith, and
includes a private garage which is not attached to the main building in any way
but does not include a single unit dwelling in an Agricultural Zone. Farm machine
sheds or other similar agricultural storage buildings shall be deemed accessory
buildings for the purpose of this By-Law. Buildings used for the harbouring of
animals, etc. are deemed main buildings for the purposes of this By-Law.
(4)
“ACCESSORY DWELLING” - see “DWELLING UNIT”.
(5)
“ADULT ENTERTAINMENT PARLOURS” - shall mean any premises or part
thereof in which is provided, in pursuance of a trade, calling, business or
occupation, services appealing to or designed to appeal to erotic or sexual
appetites or inclinations. For the purposes of this By-Law, the following shall
apply:
“Provided” includes furnished, performed, solicited or given such services;
“Services” includes activities, facilities, performances, exhibitions, viewings and
encounters but does not include the exhibition of film approved under the
Theatres Act;
“Services appealing to or designed to appeal to erotic or sexual appetites or
inclinations” includes the following:
(i)
services of which a principal feature or characteristic is nudity or partial
nudity of any person;
(ii)
services in respect of which the word “nude”, “naked”, “topless”,
“bottomless”, “sexy” or any other word or any picture, symbol or
representation having like meaning or implication is used in any
advertisement; and
“To provide” when used in relation to services includes to furnish, perform, solicit,
or give such services and “providing” and “provision” have corresponding
meanings.
By-Law 110-01, March, 2015
2-2
SECTION 2
DEFINITIONS
(6)
“AGGREGATE STORAGE AREA” means the use of land for the temporary
storage of aggregates for sale or use in the production of cement or asphalt.
(7)
“AGRICULTURAL EQUIPMENT SALES AND SERVICE ESTABLISHMENT”
means a lot, building or structure where the business of selling, renting or leasing
of new or used farm equipment and machinery, or both, is conducted and may
include the display, storage and sale of such equipment; the servicing and repair
of such equipment; the storage, display and sale, renting or leasing of related
accessories and products; and, offices, show rooms and sales rooms.
(8)
“AGRICULTURAL RELATED COMMERCIAL USE” means agricultural industrial
establishment, an agricultural processing establishment, or an agricultural
service and supply establishment.
(9)
“AGRICULTURAL SERVICE AND SUPPLY ESTABLISHMENT” means premises
used for the supply of goods, materials or services that support agricultural uses
including the sale and storage of seed, feed, fertilizer and chemical products and
the rental, sale, repair or service of agricultural equipment or implements or any
combination of the foregoing.
(10)
“AGRICULTURAL USE” means the cultivation of land, the production of crops
and the selling of such product on the premises, and the breeding and care of
livestock and the selling of such livestock or the product of such livestock raised
on the premises, and without limiting the generality of the foregoing includes
aviaries, apiaries, animal husbandry, and the raising and harvesting of field,
bush, or tree crops, market gardening, nurseries, greenhouses and an accessory
air strip. However, “agricultural use” does not include facilities for the permanent
or temporary housing of persons employed on the lot, an abattoir or any
premises used for the killing of livestock or the processing of meat, fish farms or
mushroom operations.
(11a) “AGRICULTURAL USE, LIVESTOCK” means an agricultural use consisting of
the raising, harbouring, breeding or care of a specific type or types of livestock
and/or poultry which has one (1) livestock unit, or any fraction thereof, and no
more than 150 livestock units, as defined in Schedule “C” of this By-Law. An
Agricultural Use, Livestock, includes any farm dwelling, the land base, and
accessory buildings and uses.
(11b) “AGRICULTURAL USE, INTENSIVE LIVESTOCK” means an agricultural use
consisting of the raising, harbouring, breeding or care of a specific type or types
of livestock and/or poultry which has greater than 150 livestock units and no
more than 500 livestock units, as defined in Schedule “C” of this By-Law.
Additionally, “AGRICULTURAL USE, INTENSIVE LIVESTOCK means an
agricultural use consisting of the raising, harbouring, breeding or care of a
specific type or types of livestock or poultry being defined has an operation
By-Law 110-01, March, 2015
2-3
SECTION 2
DEFINITIONS
where the total number of livestock units as defined in Schedule “C” of this ByLaw is 2.5 units per hectare or greater. An Agricultural Use, Intensive Livestock,
includes any farm dwelling, the land base, and accessory buildings and uses.
(11c) “AGRICULTURAL USE, MAJOR INTENSIVE LIVESTOCK” means an
agricultural use consisting of the raising, harbouring, breeding or care of a
specific type and/or types of livestock or poultry which has greater than 500
livestock units, as defined in Schedule “C” of this By-Law. An Agricultural Use,
Major Intensive Livestock, includes any farm dwelling, the land base, and
accessory buildings and uses.
(11) AGRICULTURAL
(12) “AGRICULTURAL USE, LIVESTOCK FACILITY” means a barn, building, or
structure where livestock is housed or intended to be housed, including a beef
feedlot, and shall also include associated manure storage facilities.
(13)
“ALTER” means:
(i)
when used in reference to a building or structure or part thereof, shall
mean to change any one (1) or more of the internal or external dimensions
of such building or structure or to change the type of construction of the
exterior walls or roof thereof;
(ii)
when used in reference to a lot, the word “alter” means to change the
width, depth, or area thereof or to change the width, depth, or area of any
required yard, setback, landscaped open space, or parking area, or to
change the location of any boundary of such lot with respect to a street or
lane, whether such alteration is made by conveyance or alienation of any
portion of said lot, or otherwise; or
(iii)
when used in reference to a use, to discontinue and replace a use, in
whole or in part, with a use which is defined herein as being distinct from
the discontinued use or to add a new use to an existing use. “Altered” and
“alteration” have corresponding meanings.
(14)
“AMUSEMENT GAME ESTABLISHMENT” means a building or a part thereof
within which more than three amusement game machines are available to the
public.
(15)
“AMUSEMENT GAME MACHINE” means a mechanical or electronic device
activated by the insertion of a coin or token for the play of a game of chance
and/or skill that is not contrary to the Criminal Code of Canada.
“AMUSEMENT PARK” means a commercial recreational establishment with or
without permanent buildings or structures where rides, games of chance and the
sale of food, beverages, toys and souvenirs constitute the main use.
(16)
(17)
“ANIMAL UNIT” - see “LIVESTOCK UNIT”.
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DEFINITIONS
(18)
“ANTIQUE MARKET” means a building or part of a building or adjacent
landscaped open space where used items articles, goods and wares are on
display for sale.
(19)
“APARTMENT BUILDING” - See “DWELLING”, “APARTMENT BUILDING”.
(20)
“APARTMENT BUILDING, SPECIAL NEEDS”
“APARTMENT BUILDING, SPECIAL NEEDS”.
(21)
“APIARY” means an area of land used for the purpose of keeping bees.
(22)
“AREA OF BUILDING” means the maximum horizontal projected area of a
building, including enclosed porches, but exclusive of steps, terraces, or
cornices.
(23)
“ART GALLERY” means a building or part thereof where works of art, such as
paintings, sculpture, pottery, glass and weaving are displayed for public viewing.
(24)
“ASSEMBLY HALL” means a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, political, religious,
or social activities, and may include a banquet hall or private club, but does not
include a place of worship, school, or other land use defined herein.
(25)
“ASSEMBLY PLANT” - see “MANUFACTURING AND ASSEMBLY INDUSTRY”.
(26)
“ATTACHED” means a building otherwise complete in itself, which depends for
structural support, or complete enclosure upon a division wall or walls shared in
common with adjacent building or buildings.
(27)
“ATTIC” - see “STOREY”.
(28)
“AUCTION ESTABLISHMENT” means a building or part thereof used for the
retail sale of articles or goods to the members of the public bidding the highest
offer for the article or goods during the sale proceedings.
(29)
“AUTOMOBILE SERVICE STATION” means an establishment where vehicle
fuels, lubricants and accessories are offered for retail sale and which contains
facilities for the repair and maintenance of vehicles excluding body and fender
work.
(30)
“AUTOMOBILE SUPPLY STORE” means a building or part thereof used for the
purpose of retail sale of equipment and parts used to repair, service or customize
motor vehicles. This does not include any installations or repairs.
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(31) “AUTOMOBILE WRECKING YARD” - see “SALVAGE YARD”.
DEFINITIONS
(32)
“AUTOMOTIVE USE” means an automobile service station, a gas bar, a vehicle
repair garage, a car wash, a body shop or a vehicle sales or rental establishment
as defined herein.
(33)
“BAKERY” means a building for producing, mixing, compounding or baking
bread, biscuits, cakes or other baked products.
(34)
“BAKE SHOP” means a retail store where bakery products are offered for sale,
some or all of which may be prepared on the premises.
(35)
“BALCONY” means a stage or platform, other than a stoop, projecting from the
wall of a building and accessible from inside such building by means of a door.
(36)
“BANK” - see “FINANCIAL INSTITUTION”.
(37)
“BANQUET HALL” means a building or part of a building in which facilities are
provided for the purpose of providing dinners, receptions and/or dances but does
not include other land uses defined herein.
(38)
“BARBERSHOP” - see “PERSONAL SERVICE SHOP”.
(39)
“BASEMENT” - see “STOREY”, “BASEMENT”.
(40)
“BATCHING PLANT, ASPHALT” means an industrial establishment used for the
production of asphalt, or asphalt products used in building or construction and
includes facilities for the administration and management of the business, the
stockpiling of bulk materials used in the production process or a finished product
manufactured on the premises and the storage and maintenance of required
equipment, but does not include the retail sales of finished asphalt.
(a)
“PORTABLE ASPHALT PLANT” means temporary asphalt batching plant
established for a Provincial or Municipal road project.
(41)
“BATCHING PLANT, CONCRETE” means an industrial establishment used for
the production of concrete, or concrete products used in building or construction
and includes facilities for the administration and management of the business,
the stockpiling of bulk materials used in the production process or a finished
product manufactured on the premises and the storage and maintenance of
required equipment, but does not include the retail sales of finished concrete.
(42)
“BEAUTY PARLOUR” see “PERSONAL SERVICE SHOP”.
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DEFINITIONS
(43) “BED AND BREAKFAST ESTABLISHMENT” means a single detached dwelling
in which no more than three rooms are made available by the residents of the
said dwelling for the temporary accommodation of travelers in the course of
which no assistance is offered by any person not residing in the dwelling. This
does not include a hotel, motel, boarding or lodging house, or restaurant, as
defined herein.
(44)
“BEEF FEEDLOT” means an enclosure with or without structures used for the
feeding and confining of cattle.
(45)
“BERM” means a landscaped mound of earth, a ledge or step on a slope, or an
embankment constructed for stability purposes adjoining or outside the roadway
embankment slopes.
(46)
“BOARDING HOUSE” - see “LODGING HOUSE”.
(47)
“BOAT” means any vessel propelled by oars, sail, an engine or paddles.
(48)
“BOAT DOCK” means any structure used or designed to moor a boat. It may be
parallel to or angled from a shoreline. For the purposes of this By-Law, a boat
dock may be accessory to a residential use or may be a main use in certain
zones. Boat docks are exempt from all yard and elevation requirements of this
By-Law.
(49)
“BOAT HOUSE” means a building or structure intended to house, shelter, or
protect a boat or other form of water transportation. When constructed in
association with a residential dwelling, a boathouse shall be deemed an
accessory building.
(50)
“BOAT RAMP” means any structure or facility used to launch and load boats.
For the purposes of this By-Law, a boat ramp may be accessory to a residential
use or may be a main use in certain zones. Boat ramps are exempt from all yard
and elevation requirements of this By-Law.
(51)
“BODY SHOP” means an establishment engaged primarily in the repairing or
painting of vehicle bodies.
(52)
“BOUTIQUE OR SPECIALTY-TYPE SHOP” means a retail establishment or
business that does not exceed 100 square metres in gross floor area,
specializing in gifts, crafts, clothing or accessories.
(53)
“BREWING ON PREMISES ESTABLISHMENT” means a commercial
establishment where individuals produce beer, wine and/or cider, for personal
use and consumption off the premises; and where beer, wine and/or cider
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DEFINITIONS
ingredients and materials are purchased, equipment and storage area is used for
a fee by the same individuals.
(54)
“BUILDING” means any structure having a roof supported by walls and/or
columns which is used or intended to be used for the shelter, accommodation or
enclosure of persons, animals or chattels, but does not include any vehicle as
defined herein.
(55)
“BUILDING-ANCILLARY” means an accessory building, not having a basement
or a cellar, that is incidental to, smaller than and located no further than 20
metres from the main residential building on the same lot and contains a
dwelling- second unit or a dwelling- garden suite.
(56)
“BUILDING CODE” means the Building Code, a regulation made under the
Building Code Act, as amended from time to time, or any successors thereto.
(57)
“BUILDING HEIGHT” - see “HEIGHT”.
(58)
“BUILDING INSPECTOR” means the officer or employee of the Corporation
charged with the duty of enforcing the provisions of the Building Code of the
Corporation.
(59)
“BUILDING LINE, ESTABLISHED” means the existing street setback of an
existing main building on a lot, measured between the centreline of the street
adjacent to the said lot and the nearest part of such building, excluding any
stoops, sun decks, porches, verandas, balconies, exterior steps, or architectural
adornments.
(60)
“BUILDING OR CONTRACTING ESTABLISHMENT” - see “CONTRACTOR’ S
YARD OR SHOP”.
(61)
“BUILDING SUPPLY OUTLET” means an industrial premises used for storage,
milling, and wholesale sales of a broad range of building materials and tools, and
which may include a retail operation.
(62)
“BULK SALES ESTABLISHMENT” means the use of land, structure or building
for the purposes of buying and selling lumber, wood, building materials, feed,
fertilizer, beverages, ice, and allied commodities but does not include any
manufacturing, assembling or processing.
(63)
“BUNKHOUSE” - see “DWELLING”, “SEASONAL FARM DWELLING”.
(64)
“BUSINESS OFFICE” - see “OFFICE, BUSINESS”.
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DEFINITIONS
(65) “BUSINESS SERVICE ESTABLISHMENT” means an establishment primarily
engaged in providing services to business establishments on a fee or contract
basis, including advertising and mailing, building maintenance, employment
services, protective services, and small equipment rental, leasing and repair.
(66)
“BY-LAW ENFORCEMENT OFFICER” means an officer or employee of the
Corporation charged with the duties of enforcing this By-Law.
(67)
“CAMPGROUND” means a use consisting of at least five (5) camping sites
subject to licensing under the provisions of the Municipal Act and comprising land
used or maintained for seasonal recreational activity and includes the grounds for
the camping or parking of a tent, or a tent trailer, but not a motor home, a travel
trailer, truck camper, or mobile home and does not include a travel trailer park or
mobile home park.
(68)
“CANOPY, WEATHER” means a permanent unenclosed roof structure erected
for the purpose of sheltering motor vehicle fuel pumps and dispenser islands
from the weather.
(69)
“CANTILEVERED WALL” means an exterior front, side, or rear wall of a building
that may project from the main wall into a yard in accordance with the provisions
of Section 3(28) of this By-Law.
(70)
“CARPORT” means a covered structure attached to a wall of a main building and
used for the storage of vehicles. The roof of said structure shall be supported by
piers or columns so that 50 percent of its wall area adjacent to the side lot line is
unenclosed.
(71)
“CARTAGE TERMINAL” - see TRANSPORT/TRUCK TERMINAL
(72)
“CAR WASH” means a building or structure containing facilities specifically used
or intended to be used for washing vehicles either by production line methods
employing mechanical devices or by hand.
(73)
“CATALOGUE STORE” means a retail commercial establishment in which orders
are accepted for the purchase of goods listed in a catalogue provided by the
establishment and in which some or all of the goods so listed may also be
available within the establishment for sale at retail.
(74)
“CATERER'S ESTABLISHMENT” means an establishment in which food and
beverages are prepared for consumption off the premises and are not served to
customers on the premises or to take out, but does not include a food service
establishment.
“CELLAR” - see “STOREY”
(75)
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DEFINITIONS
(76) “CEMETERY” means a cemetery as defined in the Cemeteries Act, Revised
R.S.O. 1990, and may include a mausoleum, crematorium, or a columbarium.
(77)
“CHEMICAL PLANT” means a building or part thereof used for the manufacturing
of chemicals or the manufacture of substances obtained by or used in a chemical
combination of substances in a compound having different qualities from their
combination.
(78)
“CHIEF BUILDING OFFICIAL” means the officer or employee of the Corporation
for the time being charged with the duty of enforcing the provisions of the
Building Code.
(79)
“CHIEF PLANNING OFFICIAL” means the officer or employee of the Corporation
for the time being charged with the duty of enforcing the provisions of this Zoning
By-Law.
(80)
“CHRONIC CARE FACILITY” means a rest home, a hospital, or licensed facility
where the elderly or chronically ill reside and are cared for.
(81)
“CHURCH” - see “PLACE OF WORSHIP”.
(82)
“CINEMA” means a building or part thereof used for the showing or viewing of
motion pictures.
(83)
“CLINIC” means a building, or part thereof, intended for the use by any or all of
the following: physicians, dentists, denturists, drugless practitioners, opticians,
optometrists, chiropractors, their staff and their patients, for the purpose of
consultation, diagnosis and office treatment. Without limiting the generality of the
foregoing, waiting rooms, treatment rooms, laboratories and dispensaries,
directly associated with the clinic are also permitted.
(84)
“CLUB, PRIVATE” means a building or premises located on privately owned
lands, operated on a non-profit basis for social, literary, cultural, political,
educational or recreational purposes, primarily for the exclusive use of members
and their guests and not open to the general public on an equal basis.
(85)
“COLLEGE” - see “SCHOOL”; “POST SECONDARY”.
(86)
“COMMERCIAL OUTDOOR RECREATION FACILITY” - see “RECREATION
FACILITY, COMMERCIAL OUTDOOR”.
(87)
“COMMERCIAL PARKING LOT” means an open area, other than a street, used
for the temporary parking of two or more vehicles for profit or gain.
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DEFINITIONS
(88) “COMMERCIAL RECREATION ESTABLISHMENT” means a building, or part
thereof, used for the purposes of an arena, assembly hall, billiard or pool room,
bingo hall, bowling alley, dance hall, gym or fitness centre, ice or roller rink,
indoor racquet courts, indoor swimming pool, or sports simulation, but not
including a place of entertainment, an amusement park or any other place of
entertainment or amusement otherwise defined or classified herein. This
definition does not include travel trailer parks, or campgrounds, or drive-in
theatres.
(89)
“COMMERCIAL SCHOOL” see “SCHOOL”
(90)
“COMMERCIAL STORAGE UNIT” - see “WAREHOUSE, PUBLIC SELFSTORAGE”.
(91)
“COMMERCIAL VEHICLE” - see “VEHICLE”.
(92)
“COMMITTEE OF ADJUSTMENT” means the Committee of Adjustment for the
County of Brant established in accordance with the provisions of the Planning
Act, 1990.
(93)
“COMMUNITY CENTRE” means any tract of land and building, used for
community activities and not used for commercial purposes, and the control of
which is vested in the Municipality, a local board or agent thereof. A community
hall has the same definition.
(94)
“CONSENT” means the approval of the severance of land pursuant to the
provisions of the Planning Act, as amended from time to time.
(95)
“CONSERVATION AUTHORITY” means either the Grand River Conservation
Authority or the Long Point Region Conservation Authority depending on the area
of jurisdiction and any successors thereto.
(96)
“CONSERVATION USE” means the use of land and/or water for the purpose of
planned management of natural resources.
(97)
“CONTAMINANT” means any solid, liquid, gas, odour, heat, sound, vibration,
radiation, or combination of any of them resulting directly or indirectly from the
activities of man that may:
(i)
impair the quality of the natural environment for any use that can be made
of it;
(ii)
cause injury or damage to property or to plant or animal life;
(iii)
cause harm or material discomfort to any person;
(iv)
adversely affect the health or impair the safety of any person;
(v)
render any property or plant or animal life unfit for use by man;
(vi)
cause loss of enjoyment of normal use of property, or
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(vii) interfere with the normal conduct of business.
DEFINITIONS
(98)
“CONTINUUM-OF-CARE FACILITY” means a facility which may include a Senior
Citizens Apartment Building, and/or a Nursing Home and may include in
association with the Senior Citizens Apartment Building and/or Nursing Home
such facilities as hospitals, clinics, retirement lodges, recreation centres,
cafeterias and personal service establishments.
(99)
“CONTRACTOR'S YARD OR SHOP” means a premises used for the purposes
of undertaking or managing activities engaged in maintaining and building new
structures, or works, additions or renovations and typically includes the offices of
general building contractors, general contractors, specialized trades and building
maintenance services such as landscaping services, window cleaning and
extermination services. Also included is the prefabrication of building equipment
and materials and wrecking and demolition contractors' offices, the storage of
equipment associated with the building trade but does not include salvage yards.
(100) “CONVENIENCE STORE” means a retail food store, confectionery, delicatessen,
grocery store, or groceteria having a gross floor area of 300.0 square metres
(3,229 sq. ft.) or less, or as determined by the zone standards, where a variety of
both household and grocery items are offered for sale primarily to serve the daily
needs of people and may include the rental of videos, an automated banking
machine and/or depots for such items as film, laundry or dry cleaning, and an
area devoted to food preparation for consumption on or off the premises,
provided the gross floor area for the sale of food preparation does not exceed 10
percent of the gross floor area to a maximum of 30.0 square metres.
(101) “CONVENT” means a building occupied as a common residence for persons of a
religious order.
(102) “CONVERSION, RESIDENTIAL” means the alteration of an existing building or
structure where such alteration changes the existing building or structure from
some other use to a dwelling(s).
(103) “CONVERTED DWELLING” - see “DWELLING”, CONVERTED DWELLING”.
(104) “CORPORATION” means the Corporation of the County of Brant.
(105) “CORRECTIONAL AND DETENTION CENTRE” means a building established or
continued under the Ministry of Correctional Services Act, but does not include a
Training School established under the Training School Act, or a lock-up
established under the Municipal Act.
(106) “COTTAGE” - see “DWELLING - SEASONAL DWELLING/COTTAGE”.
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DEFINITIONS
(107) “COUNCIL” means the Municipal Council of the Corporation of the County of
Brant.
(108) “COUNTY” means the Corporation of the County of Brant.
(109) “COUNTY ENGINEER” means a person employed by the Corporation as an
employee or consultant charged with responsibilities as determined by County
Council.
(110) “COUNTY ROAD” - see “STREET”.
(111) “COVERAGE” - see “LOT COVERAGE”.
(112) “CRUSHING PLANT” means an industrial establishment where aggregate is
processed through a crushing and sorting operation into various grades of gravel.
(113) “CUSTOM WORKSHOP” means a building or part thereof used by a trade, craft
or guild for the manufacture in small quantities of made to measure clothes or
articles and shall include upholstering but shall not include metal spinning,
woodworking or furniture manufacturing.
(114) “DATA PROCESSING ESTABLISHMENT” means a building, or part thereof,
used for the input, processing and printing of computerized data.
(115) “DAY CARE” means a building or part thereof duly licensed by the Province of
Ontario under the Day Nurseries Act, R.S.O. 1990 as a day nursery.
(116) “DECK” means a platform made of wood, concrete or other similar material, that
has a height greater than 0.6096 metres (2 ft.) above grade, projecting from a
building or freestanding, open to the sky, and intended for the purpose of outdoor
dining, lounging, and other similar accessory residential uses.
(117) “DENSITY” means the ratio of dwelling units to lot area.
(118) “DERELICT MOTOR VEHICLE” means an inoperative motor vehicle that is not
currently licensed.
(119) “DETACHED” means “not attached”.
(120) “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 and establishment of a commercial parking lot.
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DEFINITIONS
(121) “DEVELOPMENT CHARGE” means a charge imposed with respect to growth
related net capital costs against land under the Development Charges By-Law.
(122) “DRIVEWAY” means a vehicle access provided between a street or lane and a
parking area a parking space in accordance with Subsection 3(19)(g), a garage,
a carport, or a loading space, or between two (2) parking areas, but does not
include a parking aisle.
(123) “DRIVE-THROUGH FACILITY” means a facility or structure that is designed to
allow drivers to remain in their vehicles before and during an activity on the site.
Drive-through facilities also include facilities designed for the rapid servicing of
vehicles, where the drivers may or may not remain in their vehicles, but where
the drivers usually either perform the service for themselves, or wait on the site
for the service to be rendered. Drive-through facilities may serve the primary use
of the site or may serve accessory uses. Examples are drive-up windows; menu
boards; order boards or boxes; gas pump islands; car wash facilities; auto
service facilities such as air compressor, water, and windshield washing stations;
quick-lube or quick-oil change facilities.
(124) “DRY CLEANER'S DISTRIBUTION STATION” means a
purpose of receiving articles or clothing to be subjected
cleaning, dry dyeing or cleaning elsewhere and for
distribution of any such articles or goods which have been
process.
building used for the
to the process of dry
the pressing and/or
subjected to any such
(125) “DRY CLEANING AND LAUNDRY DEPOT” means a building used for the
purpose of receiving articles of clothing to be subjected to the process of dry
cleaning, dry dyeing or cleaning elsewhere or on the premises if the processing
element is restricted to closed, unvented dry cleaning equipment, and for the
pressing and/or distribution of any such articles or goods which have been
subjected to any such process.
(126) “DRY CLEANING AND LAUNDRY PLANT” means a building where dry cleaning,
dry dyeing, cleaning or pressing of articles of clothing is carried on.
(127) “DRY CLEANING ESTABLISHMENT” means a building where dry cleaning, dry
dyeing, cleaning or pressing of articles or clothing is carried on, and
(i)
in which only non-inflammable solvents are or can be used which emit no
odours or fumes; and
(ii)
in which no noise or vibration causes a nuisance or inconvenience within
or without the premises.
(128) “DUPLEX DWELLING” - See “DWELLING”, “DUPLEX DWELLING”.
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DEFINITIONS
(129) “DUPLICATING SHOP” means premises engaged in reproducing drawings,
plans, maps or other copy, by computer graphics, blueprinting, photocopying or
small offset process.
(130) “DWELLING” means a building, occupied or designated to be occupied
exclusively as a home, residence or sleeping place by one (1) or more persons,
but shall not include hotels, boarding, lodging, or rooming houses, tourist homes,
nursing homes, motels, institutions, or travel trailers.
(a)
“APARTMENT BUILDING” means a residential building containing four or
more dwelling units to each of which access is obtained through a
common entrance or entrances from the outside and through a corridor or
hallway from the inside.
(b)
“APARTMENT BUILDING, SPECIAL NEEDS” means an apartment
building designed for the accommodation and occupancy by elderly and/or
persons having a physical disability which is owned and managed by a
public housing authority or non-profit organization or a charitable
institution, and which may be associated with a place of worship.
(c)
“CONVERTED DWELLING” means an existing dwelling constructed as a
single or semi-detached unit on an existing lot prior to January 1, 2000, in
which the number of dwelling units has been increased without significant
alteration to the exterior of the building except for the required fire
escapes, extra windows and entrances to a maximum of 10 percent (10%)
of the dwelling or 30.0 square metres whichever is the lesser, and
provided that the building, when converted, complies with the provisions of
the Building Code and the parking provisions of this By-Law.
(d)
“DUPLEX DWELLING” means a building other than a converted dwelling
that is divided horizontally into two (2) separate dwelling units each of
which has an independent entrance either directly from the outside or
through a common entrance.
(e)
“FOURPLEX DWELLING” means a building that is divided horizontally
and/or vertically into four (4) separate dwelling units, each of which has an
independent entrance either directly from the outside or through a
common entrance, but does not include a converted dwelling or a
rowhouse dwelling.
(f)
“MODULAR DWELLING” means a prefabricated single unit dwelling being
so constructed or assembled that the shortest side of such dwelling is not
less than 6.096 metres (20 feet) in width and the unit is CSA approved.
(g)
“MOBILE HOME” - see “MOBILE HOME”.
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DEFINITIONS
(h)
“MULTIPLE DWELLING” means a dwelling containing more than three (3)
dwelling units.
(i)
“ROWHOUSE” means a building divided vertically into three (3) or more
attached dwelling units by common walls extending from the base of the
foundation to the roofline, each dwelling unit having a separate entrance
at grade, and so located on a lot that individual units may not have legal
frontage on a public street.
(j)
“SEASONAL DWELLING/COTTAGE” means a building that is used for
temporary living accommodation from April 1st to October 31st for
recreational purposes and may include a trailer or mobile home.
(k)
“SEASONAL FARM DWELLING” means a dwelling that is used for not
more than nine (9) months within a 12-month period within any given year
for the housing of seasonal farm labour and their families who are
employees of the owner or operator of a farm and may include a mobile
home. A bunkhouse or seasonal farm accommodation is a seasonal farm
dwelling.
(l)
“SEMI-DETACHED DWELLING” means two (2) single dwellings attached
with a common wall, dividing the pair of single dwellings vertically, each of
through a common vestibule.
(m)
“SEMI-DETACHED DWELLING UNIT” means one of a pair of attached
single dwellings with a common wall, dividing the pair of single dwellings
vertically, each of which has an independent entrance either directly from
the outside or through a common vestibule. The common wall joining the
two (2) units may be the residential portion, the garage portion or the
garage and residential portion.
(n)
“SINGLE DETACHED DWELLING” means a single dwelling that is
freestanding, separate and detached from other main buildings or main
structures, including a split-level dwelling, but does not include a mobile
home.
(o)
“SINGLE DWELLING” means a dwelling containing not more than one (1)
dwelling unit as the sole main use thereof, with or without uses accessory
thereto.
(p)
“SPLIT LEVEL DWELLING” means a dwelling in which the first floor
above the finished grade is so constructed as to create two (2) or more
different levels, the vertical distance between such levels being always
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DEFINITIONS
less than the full storey. For the purpose of this By-Law, a split-level
dwelling house shall be considered as a one-storey dwelling house.
(q)
“STREET ROWHOUSE” means a rowhouse with each unit on a separate
lot and having legal frontage on a public street.
(r)
“TRIPLEX DWELLING” means the whole of a dwelling that is divided
horizontally and/or vertically into three separate dwelling units each of
through a common entrance.
(131) “DWELLING-GARDEN SUITE” means a dwelling unit located within a detached
ancillary building, containing exclusive bathroom and kitchen facilities that is
incidental to an existing single detached dwelling on the same lot and is designed
to be portable and not having a basement or a cellar.
(132) “DWELLING-SECOND UNIT” means a dwelling unit located within a single
detached dwelling unit, a semi-detached dwelling unit, a rowhouse dwelling unit,
containing exclusive bathroom and kitchen facilities.
(133) “DWELLING UNIT” means one (1) or more habitable rooms occupied or
designed to be occupied by an individual or group of individuals as an
independent and separate housekeeping establishment in which separate
kitchen and sanitary facilities are provided for the use of such individual or group
of individuals, with a private entrance from outside the building or from a common
hallway or stairway inside the building.
(134) “DWELLING UNIT AREA” - see “FLOOR AREA”.
(135) “EASEMENT” - see “RIGHT-OF-WAY”.
(136) “EATING ESTABLISHMENT” means a building or part of a building where food is
offered for sale or sold to the public for immediate consumption or take-out and
includes such uses as a restaurant, café, cafeteria, ice cream parlour, tea or
lunch room, dairy bar, coffee shop, snack bar, or refreshment room or stand, but
does not include a boarding house or lodging house.
(137) “EFFECTIVE DATE” means the date that this By-Law shall be deemed to come
into full force and effect upon the issuance of a formal order pursuant to Section
34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended from time to time.
(138) “ELECTRICAL AND ELECTRONIC PRODUCTS INDUSTRY” means an industry
involved in the production of appliances, lighting products, audio and video
recording, receiving, sending and playing products, communications products,
business machine products, electrical transformers and switches, energy, wire
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DEFINITIONS
and cable products, but shall not include electrical generation equipment or
battery products.
(139) “ELEVATION, AVERAGE” means the height above sea level, calculated along
the length of a building or structure.
(140) “EMERGENCY CARE ESTABLISHMENT” means an institutional use that
provides a means of immediate, temporary accommodation and assistance for a
short-term period, generally less than one week for the majority of the residents.
“Emergency care establishments” are distinct from “group homes” in that the
former has a shorter length of stay, and their capacity usually exceeds eight
residents (excluding staff or the receiving family).
(141) “EMISSION” means any corrosive gasses, dust, fly ash, electromagnetic fields,
heat, glare, odours, smoke, toxic gasses or radiation issuing from a building,
structure, lot, or vehicle.
(142) “ERECT” means to do anything in the erection, building, construction,
reconstruction, installation, enlargement, extension, material or structural
alteration or repair of a building or structure and shall include any preliminary
physical operations such as excavating, grading, piling, cribbing, filling or
draining, the relocation of a building or structure, the installation of a building unit
fabricated or removed from elsewhere, and the demolition or removal of a
building or any part thereof and further includes any work for which a building
permit is required under the Building Code of the Corporation.
“ERECTED” and “ERECTION” have corresponding meanings.
(143) “ESTABLISHED BUILDING LINE” means the average distance from the street
line of existing buildings on one side of one block, where more than one-half of
the lots having street access upon said side of the block have been built upon.
(144) “EXISTING”, means legally existing on the effective date of this By-Law.
(145) “EXPEDITIOUSLY” means that at least ten percent (10%) of the total
development is being completed in any given month.
(146) “FACTORY OUTLET” means a building or part thereof accessory to, and clearly
secondary to, an industrial use or a service trade, wherein products
manufactured, produced, processed or stored on the premises are kept or
displayed for wholesale or retail sale, or wherein orders are taken for the delivery
of such products.
(147) “FAIRGROUND” means land and buildings used for such purposes as the
promotion of horticulture and agricultural activities and shall include general
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DEFINITIONS
entertainment, community activities, seasonal antique sales and flea markets,
seasonal inside vehicle storage activities, and recreational uses such as a
racetrack and livestock buildings. Without limiting the generality of the foregoing,
the uses may occur on a regular or infrequent basis and may involve the
competition of machinery or animals in competing events.
(148) “FARM PRODUCTION OUTLET” means a building, structure or use accessory
and subordinate to a farm and engaged in the storage, handling and sale of farm
produce or agricultural products that are produced or grown on the property or
neighboring farming operation. This use is to be accessory and subordinate to
the principle farming operation locate don the property and related to farming, not
a commercial business. Landscaping and garden supplies shall not be permitted
as this is not the intention of this use.
(149) “FARM, SPECIALTY” means lands buildings and structures used for the growing
of vegetables, berries, and fruit crops or flowers, and requiring less land to be
economically viable than a traditional agricultural operation, but does not include
a fish farm or mushroom operation.
(150) “FEED MILL” means a building wherein farm commodities are brought, stored,
and sold, and also includes the drying, processing and elevation for storage of
farm commodities such as cereal grain, corn, and soybeans etc.
(151) “FERTILIZER BLENDING STATION” means a building or portion of a building
wherein different grades of fertilizers to be used by farmers are mixed to create
compounds for use by the farming community.
(152) “FILM PROCESSING DEPOT” means a building or part thereof, used for the
purposes of depositing film for transfer from retail customers to a processing
plant and as a repository for film transferred from the processing plant to the
retail customers. Retail sales of film, batteries and flashes may be included but
not the sale of cameras or photographic equipment.
(153) “FINANCIAL INSTITUTION” means an establishment which provides money
management services directly to the public, including a bank, trust company,
credit union, securities dealer, finance companies and stockbrokers, but not
including the internal offices or administrative offices which shall be considered to
be offices for the purposes of this By-Law.
(154) “FINISHED GRADE” - see “GRADE”.
(155) “FISHERIES HABITAT” means any body of water sustaining or having the
potential to sustain healthy game, forage, and commercial fish populations
including fish bait.
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DEFINITIONS
(156) “FISH FARM” means use of land for the creation of ponds, waterways and other
facilities for the spawning, growing, feeding and sale of fish.
(157) “FLOOD, REGULATORY” means the approved standard used by the Grand
River Conservation Authority and/or the Long Point Region Conservation
Authority to define the limit of the flood plain for the regulatory purposes.
(158) “FLOOD, 100-YEAR” means that flood based on analysis of precipitation, snow
melt or a combination thereof, having a return period of 100 years on average, or
having a 1% chance of occurring or being exceeded in a given year.
(159) “FLOOD, 100-YEAR FLOOD LEVEL” means the level of flooding which would
occur during a 100-Year Flood.
(160) “FLOODPROOFING” means a combination of structural changes and/or
adjustments incorporated into the basic design and/or construction or alteration
of individual buildings, structures or properties subject to flooding so as to reduce
or eliminate flood damage.
(161) “FLOOR AREA” means the area of the floor surface of a storey or part thereof.
(a)
“DWELLING UNIT AREA” means the aggregate of the floor areas of all
habitable rooms, hallways, and lobbies within a dwelling unit, excluding
the thickness of any exterior walls.
(b)
“GROSS FLOOR AREA” means the aggregate of the floor areas of all
storeys of a building or structure, other than an attic or a cellar, excluding
the floor areas of any private garage.
(c)
“NET FLOOR AREA” means that portion of the gross floor area of a
building which is used exclusively for a non-residential use defined herein
or specifically named elsewhere in this By-Law, but excluding:
(i)
any part of such building used for any other non-residential uses
which are defined herein or specifically named elsewhere in this
By-Law;
(ii)
any part of such building used as a dwelling unit, a public
concourse, an elevator shaft, or a common hallway or stairway not
used exclusively by the said non-residential use;
(iii)
any part of such building used solely for the storage of electrical
equipment or of equipment to heat, cool or otherwise control the
environment of such building or a portion thereof;
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(iv)
DEFINITIONS
any part of such building used as a lavatory, a washroom, a locker
room or a cloak room; and
(v)
the thickness of any exterior walls of such building.
(162) “FLORIST SHOP” means a retail store devoted to the sale of flowers, indoor
plants and arrangements thereof.
(163) “FLOUR MILL” means a facility and or building, or portion thereof wherein cereal
grains and other agricultural commodities are processed to create new byproducts such as flour.
(164) “FOOD PROCESSING PLANT” means a building or part thereof, other than a
restaurant or catering establishment in which agricultural products are prepared,
processed, preserved, graded or stored for eventual human consumption, and
includes a flour mill, a dairy, a bakery, a grain elevator or an egg grading station,
but does not include an abattoir or any premises used for the slaughtering of
animals or the boiling of blood, tripe or bones.
(165) “FOOD STORE” means a retail store selling food and associated small
household items.
(166) “FORESTRY USE” means the general raising and harvesting of wood, and
without limiting the generality of the foregoing, includes the raising and cutting of
fuel wood, pulp wood, lumber, Christmas trees, and other forest products
produced on the same lot.
(167) “FOSTER HOME” means a single housekeeping unit in a dwelling, in which
individuals may be placed with Foster Parents to gain a family life experience,
the said home being affiliated with a recognized social agency. The number of
individuals placed at any one time shall not exceed four (4) persons.
(168) “FOURPLEX DWELLING” - see “DWELLING”, FOURPLEX DWELLING”.
(169) “FRATERNITY HOUSE” - see “LODGING HOUSE”.
(170) “FRONTAGE” - see “LOT FRONTAGE”.
(171) “FRONT YARD” - see “YARD”.
(172) “FUEL PUMP ISLAND” means that portion of an automobile service station, gas
bar or portion of a non-residential use for the retail sale of automotive fuels, that
includes the fuel pumps, concrete base, overhead canopy and kiosk, but shall
not include any part of any building for the repair or service of vehicles.
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DEFINITIONS
(173) “FUEL STORAGE TANK” means a tank for the bulk storage of petroleum
gasoline, fuel oil, gas or inflammable liquid or fluid but does not include a
container for inflammable liquid or fluid legally and properly kept in a retail store
or a tank for storage merely incidental to some other use of the premises where
such tank is located.
(174) “FUNERAL HOME” means a building or part thereof wherein a licensed
undertaker prepares corpses for interment and may include a chapel for funeral
services.
(175) “GARAGE, MUNICIPAL OR PROVINCIAL” - see “PUBLIC WORKS GARAGE”.
(176) (a)
“GARAGE, PRIVATE” means an accessory building or structure, or a
portion of a building, which is used or intended to be used for the
sheltering of vehicles and in which there are no facilities for repairing or
servicing such vehicles for gain or profit, and includes a partially enclosed
carport.
(b)
“GARAGE, MUTUAL” means a private garage which:
(i)
contains sufficient space for the parking of not less than two (2)
vehicles;
(ii)
is situated astride a common side lot line between two (2) adjacent
lots; and
(iii)
is accessory to a main use on each of such lots.
(177) “GARBAGE DISPOSAL AREA” - see “WASTE DISPOSAL SITE, LANDFILL”.
(178) “GARDEN CENTRE” means a lot, building or structure or part thereof, used for
the wholesale and retail sale of trees, shrubs, plants, soil, landscaping supplies,
fertilizers and similar materials and may include an associated landscape
contracting business.
(179) “GAS BAR” means an establishment designed for the retail sale of gasoline
motor car fuel, diesel fuel, propane, other similar products, lubricating oil and
allied additives and the introduction of such materials into vehicles, but does not
include the provision of mechanical services to vehicles, and may include the
sale of associated sundry items, tobacco, and snack food provided the gross
floor area devoted to the sale of these items does not exceed 30 square metres
(323 sq.ft.).
(180) “GENERAL MANUFACTURING” means the use of land, building or structure
designed for the purpose of manufacturing, assembling, making, preparing,
inspecting, ornamenting, finishing, treating, altering, repairing, warehousing or
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DEFINITIONS
storing or adapting for sale of any goods, substance, article or thing, including the
storage of building and construction equipment and materials, but not including
any mine, pit, quarry, or oil well, nor any restricted use.
(181) “GENERAL OFFICE” - see “OFFICE, GENERAL”.
(182) “GOLF COURSE” means a public or private area operated for the purpose of
playing golf including a par 3 golf course and associated practice area but does
not include driving ranges, miniature courses and similar uses operated for
commercial purposes.
(183) “GOLF COURSE, RECREATIONAL” means a public or private area operated for
the purpose of playing golf and includes driving ranges, miniature courses and
similar uses operated for commercial purposes, and may include a restaurant.
(184) “GRADE” means the average level of finished ground adjoining a building or
structure at all exterior walls, as determined by the Chief Building Official.
(185) “GRADE LEVEL” means the level of any lots, measured above sea level
according to Geodetic Datum, 15.24 centimetres (6 inches) above the normal
crown level of the road, measured above sea level according to Geodetic Datum,
upon which the lot abuts. Where a lot abuts on two (2) or more streets, the grade
level shall be the mean of the grade levels calculated with reference to the
different streets. If the natural level of the ground is higher than as above
stipulated, then the average natural level of the ground shall be taken as the
grade level.
(186) “GRAIN ELEVATOR AND DRYING FACILITY” means any land, buildings or
structures wherein agricultural commodities such as cereal grains, corn and soy
beans are customarily dried, stored and located, temporarily or otherwise.
(187) “GRAVEL PIT” - see “PIT”.
(188) “GREENHOUSE, COMMERCIAL” means a building used for the growing of
flowers, fruits, vegetables, plants, shrubs, trees and similar vegetation which are
not necessarily transplanted outdoors on the same lot containing such
greenhouse, and are sold directly from the lot either at wholesale or retail.
(189) “GREENHOUSE, FARM” means a building used for the growing of plants,
shrubs, trees and similar vegetation which are transplanted outdoors on the
same lot containing such greenhouse.
(190) (a)
“GROUP HOME TYPE 1” means a single housekeeping unit in which up
to 10 residents (excluding staff or the receiving family) live as a family
under responsible supervision consistent with the requirements of its
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(b)
DEFINITIONS
residents and the Group Home is licensed or approved under Provincial
Statute under the jurisdiction of the Ontario Ministry of Community and
Social Services. A Group Home Type 1 may provide accommodation,
supervision and treatment for: the mentally retarded, pursuant to the
Homes for Retarded Persons Act, R.S.O. 1990 or the Developmental
Services Act, R.S.O. 1990; individuals over 60 years of age, as a satellite
residence under the Homes for the Aged and Rest Homes Act, R.S.O.
1990; for children under the age of 16, under the Child and Family
Services Act, R.S.O. 1990; for persons under the Mental Hospitals Act
and the Homes for Special Care Act, R.S.O. 1990; and for persons under
the Charitable Institutions Act, R.S.O. 1990. No supervision or treatment
shall be provided to any person not a resident in the home. A Group
Home Type 1 does not include an Emergency Care Establishment or a
Group Home Type 2, as defined by this By-Law.
“GROUP HOME TYPE 2” means a residence maintained and operated
primarily for: persons who have been placed on probation under the
provisions of the Criminal Code (Canada), the Young Offenders Act
(Canada), or any Act passed to replace the foregoing Acts; or who have
been released on parole under the provisions of the Ministry of
Correctional Services Act or Parole Board (Canada) or any Act passed to
replace the foregoing Acts; or has been charged under the Young
Offenders Act (Canada), but who has been placed in open or secure
custody. The number of persons residing therein shall be up to eight (8)
excluding staff. A Group Home Type 2 may include a Group Home Type
1 and a Supervised Residence.
(191) “GUEST ROOM” - see “BED AND BREAKFAST ESTABLISHMENT”.
(192) “HABITABLE ROOM” means any room within a dwelling unit used or intended to
be used for living, sleeping, eating or food preparation, but does not include a
washroom, laundry room, closet, sunroom, porch, garage, basement, cellar,
furnace room, or any space used for the service and maintenance of such
dwelling or for vertical travel between storeys.
(193) “HAIRDRESSING
ESTABLISHMENT”
means
a
service
commercial
establishment providing a personal service to men, women or children by
shampooing, cutting, styling, tinting or treatment of hair, by giving manicures,
pedicures, facial treatments, scalp massages or by the use of cosmetic products
and, without limiting the generality of the foregoing, includes a barber shop and
beauty salon.
(194) “HEIGHT” or “BUILDING HEIGHT”, when used in reference to a building or
structure other than an accessory building, means the vertical distance between
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DEFINITIONS
the horizontal plane through the average finished grade and a horizontal plane
through:
(i)
the highest point of the roof assembly in the case of a building with a flat
roof or deck roof, or in the case of an accessory structure;
(ii)
the average level of a one (1) slope roof, provided that a roof having a
slope of less than twenty (20) degrees with the horizontal shall be
considered a flat roof;
(iii)
the roof deck line, in the case of a mansard roof;
(iv)
the average level between eaves and ridges in the case of a roof type not
mentioned in subsections (i), (ii) and (iii) immediately preceding;
(v)
where an exterior wall extends above the top of the roof of a building, the
topmost part of such exterior wall.
For an accessory building or structure, height is measured from the vertical
distance between the horizontal plane through the average finished grade and
the peak of the roof of the accessory structure.
(195) “HERITAGE BUILDING” means a building designated under Part IV of The
Ontario Heritage Act, R.S.O. 1990.
(196) “HIGHWAY” - see “STREET”.
(197) “HOME AND AUTO SUPPLY STORE” means a retail store devoted to the sale of
merchandise for the home and automobile including such goods as paint,
hardware, electrical, plumbing, housewares, home appliances, sporting goods,
lawn and garden supplies, and automobile supplies, and may include an
associated automobile repair garage and gas bar.
(198) “HOME APPLIANCE STORE” means a retail store devoted to the sale of
household equipment such as major and small appliances, electronic devices,
computers, and audio or visual equipment.
(199) “HOME DECORATING STORE” means a retail store devoted to the sale of
goods and materials required for decorating the interior of a home or office,
including floor, wall and window coverings, lighting fixtures, bathroom and kitchen
fixtures and accessories.
(200) “HOME FURNISHINGS STORE” means a retail store devoted to the sale of
movable contents of a room, home or office. Such goods may include furniture,
light fixtures, clocks, organs or pianos, carpet and indoor window coverings.
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DEFINITIONS
(201) “HOME IMPROVEMENT STORE” means a retail store devoted to the sale of
goods or materials associated with the furnishing and decorating of a home and
include a home decorating store, a home furnishing store or a home appliance
store.
(202) “HOME OCCUPATION, RESIDENTIAL” means the use of part of a dwelling unit
for an occupation which provides gain or support, for at least one (1) of the
permanent residents of such dwelling unit and which is clearly secondary to the
main use of the dwelling unit as a private residence.
(203) “HOME OCCUPATION, RURAL” means the use of part of a dwelling or
accessory building or structure for an occupation which provides gain or support
for at least one (1) permanent resident of the lot and which is clearly secondary
to the main use of the lot.
(204) “HOMES FOR THE AGED, REST HOME” means a building for the aged
established and maintained under the Homes for the Aged and Rest Homes Act.
(205) “HOSPITAL” means a hospital as defined in the Private Hospitals Act, R.S.O.
1990, as amended from time to time, or a hospital as defined by the Public
Hospitals Act, R.S.O. 1990, as amended from time to time.
(206) “HOSTEL” means a dwelling where, for a fee, room, board and personal care,
supervision and assistance with daily living activities are provided to persons who
are otherwise unable to care fully for themselves by reason of age or mental or
physical disability, and, without limiting the generality of the foregoing, includes
such facilities as an unlicensed nursing home or rest home, an unlicensed
retirement home or retirement lodge, or an unlicensed establishment providing
nursing care for chronic invalids or the elderly, but does not include:
(a)
any residential facility licensed, approved or supervised under the Nursing
Homes Act, the Homes for the Aged and Rest Homes Act, R.S.O. 1990,
the Homes for Retarded Persons Act, R.S.O. 1990, the Homes for Special
Care Act, R.S.O. 1990, the Private Hospitals Act, R.S.O. 1990, or any
other Act or authority;
(b)
a rooming house or a boarding house;
(c)
a Type 1 or Type 2 Group Home;
(d)
an apartment building.
(207) “HOTEL” means any hotel, motel, tavern, inn, lounge, lodge, or public house in
one (1) main building or in two (2) or more connected or adjacent buildings
designed and used mainly for the purposes of catering to the needs of the
traveling public by supplying food, refreshments or both and furnishing sleeping
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DEFINITIONS
accommodation of not less than six (6) guest rooms, each having no facilities for
cooking or housekeeping , and provided that each guest room may only be
entered from the interior of the building, and shall include all such buildings
operating under the Liquor Licence Act, and the Tourism Act, as amended from
time to time. A “Hotel” does not include a rooming house, boarding house,
multiple family dwelling or apartment hotels.
(208) “HOUSEHOLD PET” means a domestic animal that by the nature of its
temperament or appearance is taken into the care of one or more persons for the
purpose of personal enjoyment or protection, which normally spends time in the
dwelling unit of the owner at least once each day, and shall include specifically,
caged birds, caged rodents or rabbits, cats, dogs, tropical fish, and nonpoisonous indigenous reptiles.
(209) “HOUSEHOLD SALE/GARAGE SALE” means the sale by an occupant of a
dwelling unit, on his own premises, of household goods belonging to him.
(210) “IMPOUNDING YARD” means a place to which disabled motor vehicles, and
motor vehicles or other mobile equipment impounded for a breach of the law,
may be taken or towed and stored temporarily until reclaimed, but does not
include an automobile service station, gas bar, or salvage yard.
(211) “INDIVIDUAL SANITARY FACILITIES” means an autonomous, individual on-site
wastewater treatment/sewage disposal system that is owned, operated and
managed by the owner of the property upon which the system is located, which
may include tile beds, holding tanks, or any other component of a private sewage
disposal system.
(212) “INDUSTRIAL USE” means the use of any land, building or structure for the
purpose of manufacturing, processing, assembling, making, preparing,
inspecting, ornamenting, finishing, treating, altering, repairing, warehousing,
storing or adapting for sale, any goods, substance, article or thing, or any part
thereof, and the storage of building and construction equipment and materials, as
distinguished from the buying and selling of commodities and the supplying of
personal services. Transportation terminals would also be considered as an
industrial use.
(213) “INDUSTRIAL USE, NON-EFFLUENT PRODUCING” means an industrial use
which either does not discharge waste water or discharges waste water from one
(1) or more of the following sources only:
(i)
sanitary sewage from employee washrooms;
(ii)
storm water drainage;
(iii)
water used for indirect cooling of equipment and ancillary purposes.
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DEFINITIONS
(214) “INSTITUTIONAL” means any land, building or part thereof used for a noncommercial purpose by any organization, government agency or group, for
charitable, education or benevolent objectives but excluding a private club,
mental hospital or any place of detention or correction.
(215) “INTERIOR SIDE YARD” - see “YARD”.
(216) “KENNEL” means a place where dogs or other domestic animals other than
poultry are bred and raised and are sold or kept for sale.
(217) “KENNEL, BOARDING” means a place where dogs or other domestic animals
other than poultry are kept for a fee on a temporary basis.
(218) “LABORATORY” means a building, or part thereof, used for scientific, medical
and/or dental testing, experimentation and/or research.
(219) “LANDING STRIP” means the use of land, in a grassed or otherwise natural
state, accessory to an agricultural or residential use, for the sole purpose of
those residing thereon for the landing and taking off of non-commercial aircraft
and may include buildings and structures accessory thereto.
(220) “LANDSCAPED OPEN SPACE” means an open area of land which is:
(i)
unoccupied by any building or structure;
(ii)
situated at ground level on a lot; and
(iii)
used or intended to be used for the growth and maintenance of grass,
flowers, shrubs, bushes, trees and other vegetation, and for the provision
of other landscaping features including, but not necessarily restricted to,
planting strips, facilities for outdoor recreation, play areas, surfaced walks
and patios;
(iv)
but does not include any part of a driveway or parking area, regardless of
surface composition, or any roof-top terrace, balcony, or space enclosed
within a building.
(221) “LANE or ALLEY” means a walkway, emergency access or any other
passageway or right-of-way, open from ground to sky, not constituting a street
but laid down upon a registered plan and dedicated to public use, as a right-ofway for use in common by adjacent land owners.
(222) “LAUNDROMAT” means a self-serve clothes washing establishment containing
one or more washing and drying, ironing, finishing or other incidental equipment.
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DEFINITIONS
(223) “LAWN BOWLING CLUB” means the land and buildings used for the recreational
sport of lawn bowling together with accessory club activities.
(224) “LEGAL” or “LAWFUL”, when used in reference to a use, a lot, a building or a
structure, means a use, a lot, a building or a structure allowed by law, which
complies with any and all restrictions lawfully imposed by the Corporation or by
any governmental authority having jurisdiction to make such restrictions or
regulations.
(225) “LEGAL SIGN” - see “SIGN”.
(226) “LIBRARY, PUBLIC” means a library, branch library, bookmobile, or distributing
station under The Public Libraries Act, R.S.O. 1990, as amended from time to
time, or any successor thereto.
(227) “LIGHT MANUFACTURING” means the manufacturing, assembly or processing
of component parts to produce finished products suitable for retail trade and does
not include food, beverage, tobacco, rubber, leather, textile and knitting, wood,
printing, metal fabricating or similar industries.
(228) “LIQUOR, BEER, AND WINE STORE” means a retail store devoted to the sale of
liquor and/or beer and/or wine and accessory related items.
(229) “LIVESTOCK FACILITY” - see “AGRICULTURAL USE, LIVESTOCK FACILITY”.
(230) “LIVESTOCK HOUSING CAPACITY” means the total maximum number of
livestock that can be accommodated in a livestock facility at any one time.
(231) “LIVESTOCK UNIT” means the equivalent values for various types of animals
and poultry based on manure production and production cycles in accordance
with Table 1 of Schedule C.
(232) “LOADING SPACE” means an off-street space or berth located on the same lot
as a permitted use and used for the parking of a commercial vehicle, loading or
unloading merchandise or materials pertinent to such permitted use.
(233) “LOCAL BOARD” means a public utility commission, transportation commission,
public library board, board of park management, local board of health, planning
board, or any other board, commission, committee, body or local authority
established or exercising any power or authority under any general or special Act
with respect to any of the affairs or purposes of the Corporation of the County of
Brant.
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DEFINITIONS
(234) “LODGING HOUSE” means:
(a)
a building in which residential accommodation is provided or is intended to
be provided for hire or gain in which each lodger does not have access to
all the habitable areas of the building, consisting of:
(i)
a dwelling unit, together with more than three (3) lodging units
which lodging units individually or collectively do not constitute
separate dwelling units; or
(ii)
(b)
more than three (3) lodging units, which lodging units individually or
collectively do not constitute a dwelling unit; or
a building in which lodging is provided for more than three (3) persons,
with or without meals.
A lodging house shall include a rooming house, a boarding house, a fraternity
and sorority house, but shall not include a hotel, motel, hostel, hospital or nursing
home if licensed, approved or supervised under any general or special act other
than the Municipal Act, or a residence of an educational institution.
(235) “LOT” means a parcel of land described in a deed or other document legally
capable of conveying land or shown as a lot or block on a registered plan of
subdivision, other than 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 51 of the Planning Act, 1990 as amended from time to time, or any
successors thereto, and does not include a water lot as defined herein.
(236) “LOT AREA” means the total horizontal area within the lot lines of a lot.
(237) “LOT, CORNER” means a lot situated at the intersection of and abutting two (2)
or more streets, provided that the angle of intersection of such streets is not more
than 135 degrees.
(238) “LOT COVERAGE” means that percentage of the lot area of a lot covered by the
perpendicular projections onto a horizontal plane of the floor areas of all buildings
or mobile homes on the lot, excluding balconies, canopies and overhanging
eaves which are 2 metres (6.562 ft.) or more in height above finished grade.
(239) “LOT DEPTH” means:
(i)
the shortest horizontal distance between the rear lot line and the front lot
line of a lot, where such lot lines are parallel;
(ii)
the average horizontal distance between the rear lot line and the mid-point
of the front lot line of a lot, where such lot lines are not parallel; or
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(iii)
the horizontal distance between the mid-point of the front lot line and the
point of intersection of the side lot lines of a lot, where there is no rear lot
line.
(240) “LOT FRONTAGE” means the horizontal distance between the side lot lines of a
lot, such distance being measured along a line which is parallel to the front lot
line of the lot at the minimum front yard depth required hereby on such lot.
(241) “LOT, INTERIOR” means a lot other than a corner lot.
(242) “LOT LINE” means any boundary of a lot or the vertical projection thereof.
(a)
“FRONT LOT LINE” means:
(i)
in the case of an interior lot, the street line of the lot;
(ii)
in the case of a corner lot, either street line of the lot, whereas the
other street line shall be deemed an exterior side lot line; or
(iii)
in the case of a through lot, either street line of the lot, whereas the
other street line shall be deemed a rear lot line.
(b)
“REAR LOT LINE” means, in the case of a lot having four (4) or more lot
lines, the lot line farthest from and opposite to the front lot line, except that
where a lot has only three (3) lot lines there shall be deemed to be no rear
lot line.
(c)
“SIDE LOT LINE” means a lot line other than a front or rear lot line.
(d)
“EXTERIOR SIDE LOT LINE” means a side lot line that abuts a street.
(e)
“INTERIOR SIDE LOT LINE” means a side lot line other than exterior side
lot line.
(f)
“INTERIOR LOT LINE” means a lot line other than a street line.
(243) “LOT OF RECORD” means a lot that legally existed at the date of passing of this
By-Law.
(244) “LOT, THROUGH” means a lot bounded on two (2) sides by a street; provided,
however that if any lot qualifies as being both a corner lot and a through lot, such
lot shall be conclusively deemed to be a corner lot.
(245) “LOT, WATER” means an area of a lot or the whole of a lot that is covered by
water for most of the year and although it may be conveyed, is not a lot for the
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purposes of building or a lot to be calculated as part of the regulations of this ByLaw.
(246) “MACHINE SHOP” - see “SERVICE SHOP”.
(247) “MAIN”, when used to describe a use, a building or a structure, means a use or
structure which constitutes, or a building in which is conducted, a principal use of
the lot on which such use, building or structure is located.
(248) “MAIN WALL” means the exterior front, side or rear wall of a building, and all
structural members essential to the support of a fully enclosed space or roof.
(249) “MANSE” means a building used as a dwelling unit for an employee of a place of
worship.
(250) “MANUFACTURING AND ASSEMBLY INDUSTRY” means a building or part
thereof used for a broad range of manufacturing, fabricating and assembly
industries, and includes household waste recycling depots, but excludes paper
and allied products industries, food, tobacco and beverage processing,
processed goods, armaments, munitions and explosives manufacturing
industries, and any obnoxious use. Obnoxious uses are such uses as listed
under Section 3(26) of the General Provisions Section of this By-Law.
(251) “MARINA” means an area or establishment, with or without buildings, providing
facilities or services for boats or persons traveling by boat, and operated on a
commercial basis or by a company or group of persons such as a club organized
for pleasure or recreational purposes, and may include slips, docks, moorings,
waste disposal arrangements, fuelling facilities, boat storage, the sale, rental or
repair of boats, boat motors, or boat accessories and the provision of
refreshments.
(252) “MARKET GARDEN” means the land used for the growing of vegetables, berries
and fruit crops, and flowers, nurseries and greenhouses, and related sales.
(253) “MEDICAL/DENTAL OFFICES” - See “OFFICES, MEDICAL/DENTAL”.
(254) “MERCHANDISE SERVICE SHOP” means a building or part thereof wherein
articles or goods, other than vehicles or industrial tools, are repaired or serviced,
or where replacement parts for such articles or goods are offered for sale or a
depot to collect ship and receive such articles to be repaired or renewed.
(255) “MOBILE HOME” means any dwelling that is designed to be made mobile,
regardless of whether the running gear has been removed, and constructed or
manufactured to provide a permanent residence for one or more persons, but
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DEFINITIONS
does not include a travel trailer or tent trailer or trailer otherwise defined or a
recreational vehicle.
(256) “MOBILE HOME LOT” means a parcel of land within a mobile home park which
is used as the site of, and pertains to, not more than one (1) mobile home.
(257) “MOBILE HOME PARK” means a parcel of land containing two (2) or more
mobile home lots, with or without any buildings, structures or uses accessory
thereto.
(258) “MODULAR DWELLING” - See “DWELLING”, “MODULAR DWELLING”.
(259) “MONOLITHIC FOUNDATION” means a foundation in which the individual
components (i.e. floor slab footings, exterior walls) are structurally integrated into
a single unit or raft capable of supporting the design loads, and must be
designed by a qualified structural engineer in consultation with a qualified
geotechnical engineer.
(260) “MOTEL” means a building, a part of a building or a group of buildings used for
the purpose of providing accommodation, with or without food or other
refreshments, to the traveling public, including, but not so as to limit the
generality of the foregoing, a motor court, auto court, motor hotel, tourist home
and any hotel as defined in The Hotel Registration of Guests Act, R.S.O. 1990,
as amended from time to time, or any successors thereto.
(261) “MOTOR HOME” means a self-propelled vehicle designed for temporary living,
sleeping and eating accommodation of persons and includes a camper pickup
and camper van.
(262) “MOTOR VEHICLE” - see “VEHICLE”.
(263) “MULTIPLE DWELLING” - see “DWELLING”, “MULTIPLE DWELLING”.
(264) “MUNICIPAL DRAIN” means drainage works constructed and maintained under
the provisions of The Drainage Act, R.S.O. 1990, as amended from time to time.
(265) “MUNICIPALITY” means The Corporation of the County of Brant.
(266) “MUSEUM” means a building used for the preservation and presentation of
works of art, or cultural or historical or scientific objects and information and open
to the recreation and education of the public.
(267) “MUSHROOM OPERATION” means a business involved in the growing, sorting
and/or storing of mushrooms and mushroom-related compounds.
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(268) “MUSIC SCHOOL” - see “SCHOOL, MUSIC”.
DEFINITIONS
(269) “MUTUAL DRIVEWAY” means an ingress or egress that is common to two (2) or
more owners of abutting lands as a right-of-way registered against the title of the
lands.
(270) “NAVIGABLE WATERWAY” means a navigable body of water or stream as
deemed under the Beds of Navigable Waters Act, R.S.O. 1990, or its successor.
(271) “NON-COMPLYING” means a lot, building, or structure which is existing but does
not meet, comply or agree with the regulations of this By-Law.
(272) “NON-CONFORMING” means a use which is existing but not permitted in the
zone in which the said use is situated.
(273) “NURSERY AND GARDEN STORE” means the use of land, buildings or
structures, or part thereof, where trees, shrubs or plants are grown or stored for
the purpose of transplanting, for use as stock, for building or grafting, or for the
purpose of retail or wholesale.
(274) “NURSING HOME” means a building wherein lodging, meals, personal care,
nursing services, and medical care and treatment may be provided for gain or
profit or as a charitable public service and includes a rest home or a
convalescent home, as licensed under the Nursing Homes Act, R.S.O. 1990, but
does not include a hotel, motel or hospital as defined herein.
(275) “OFFICE” means a building, or part thereof, containing one (1) or more rooms for
use as offices including professional or service and all forms of offices except
medical/dental offices.
(276) “OFFICE, BUSINESS” means a building or part thereof in which the
administrative functions of agencies, foundations, brokers, labour or fraternal
organizations are carried out and includes a service office, but does not include
medical/dental offices, professional offices, support offices, financial or general
offices, unless specified as being permitted within this definition.
(277) “OFFICE, MEDICAL/DENTAL” means an office or offices in which the practice of
the professions of medicine, psychiatry, dentistry or optometry is carried on or in
which the treatment by osteopathy or chiropractic is carried out.
(278) “OFFICE, PROFESSIONAL” means a building, or part thereof, in which a legal or
other personal professional service is performed or consultation given, and
includes the offices of a lawyer, a planner, an architect, a surveyor, an engineer
or a chartered accountant, but does not include a personal service
establishment, a medical/dental office, a clinic, an animal hospital, a body-rub
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parlour or any adult entertainment parlour as defined in the Municipal Act, as
amended.
(279) “OFFICE, SERVICE” means a building, or part thereof, in which one or more
persons is employed in the management, direction or conducting of a travel
agency, an insurance agency, or a real estate agency.
(280) “OFFICE SUPPLY OUTLET” means a retail store devoted to wholesale and retail
sale of office supplies and school supplies, such as paper products, information
processing supplies, files and furniture, office machines, such as typewriters,
computers, calculators, fax transmitters, and components accessory thereto.
(281) “OFFICE, SUPPORT” means a building, or part thereof, in which technical or
professional consulting services are performed to serve industrial manufacturing,
assembly, processing or repair establishments, and includes the offices of an
architect, a surveyor, an engineer, a business machine servicing establishment
and an industrial training facility for manufacturing, assembly, processing or
repair skills, but does not include a personal service establishment, a lawyer’s
office, a chartered accountant’s office, a clinic, a medical/dental office, or an
animal hospital.
(282) “ONE FOOT RESERVE” means a narrow strip of land, traditionally one foot in
width and in metric measurement being generally 30 to 50 centimetres (11.8 to
19.69 inches) in width, reserved for the purpose of restricting access.This shall
not restrict any lot from having legal frontage or lot area.
(283) “OPEN STORAGE” means the storage of goods and materials, or the display
and sale of goods and materials, including vehicles for hire or sale, located
outside a building as defined herein.
(284) “OPEN STORAGE AREA” means an area of land used for open storage
purposes.
(285) “OUTDOOR DISPLAY AND SALES AREA” means an area set aside out of
doors, covered or uncovered, to be used in conjunction with an established use
or business located in adjacent permanent premises for the display or sale of
fresh produce and new goods or merchandise.
(286) “OUTDOOR EDUCATION” - see “WILDLIFE MANAGEMENT”.
(287) “OUTDOOR PATIO” means an area set aside out of doors, covered or
uncovered, for the use of patrons as a licensed restaurant in connection with,
and in addition to, the operation of an adjacent restaurant licensed by the Liquor
Control Board of Ontario.
(288) “OUTDOOR RECREATION USE” - see “RECREATION USE, OUTDOOR”.
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DEFINITIONS
(289) “PAPER AND ALLIED PRODUCTS INDUSTRY” includes pulp and paper
industries; the asphalt roofing industry; the paper box and bag industry; and other
converted paper products industries.
(290) “PARK” means an area of land, consisting primarily of landscaped open space,
used mainly for active or passive recreational purposes or as a conservation
area, with or without related recreational buildings, structures or facilities
including, but not necessarily restricted to a recreational playground, a golf
course, a driving range, a play area, a band stand, a skating rink, a horticultural
greenhouse, a bowling green, a tennis or badminton court, a playing field, a race
track, a swimming area, a wading pool, a boating pond or lake, a watercourse, a
refreshment booth, or a picnic area.
(a)
“PUBLIC PARK” means a park owned or controlled by a public agency.
(b)
“PRIVATE PARK” means a park other than a public park, regardless of
whether or not such park is maintained or operated for gain or profit, but
does not include an amusement park.
(291) “PARKING AISLE” means a portion of a parking area which abuts, on one or
more sides, parking spaces to which it provides access, and which is not used for
the parking of vehicles.
(292) “PARKING AREA” means an area or structure, including a private garage,
provided for the parking of vehicles, and includes any related parking aisles,
parking spaces and structures, but does not include any part of a street or lane.
(293) “PARKING GARAGE, PUBLIC” means a building or structure other than a private
garage where vehicles are parked or stored for remuneration or hire, and may
include an area for minor repair and/or work.
(294) “PARKING LOT” means a lot which contains, and the main use of which is, a
parking area, whether or not such parking area is located within a structure.
(295) “PARKING SPACE” means a portion of a parking area, exclusive of any aisles, to
be used for the parking or temporary storage of a motor vehicle.
(296) “PERMITTED” means “permitted by this By-Law”.
(297) “PERSON” means an individual, association, firm, partnership, corporation, trust,
organization, trustee or agent, and the heirs, executors, or legal representatives
of a person to whom the context can apply according to law.
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(298) “PERSONAL SERVICE SHOP” means a building or part thereof in which
services are provided and administered to the individual and personal needs of
persons, and without limiting the generality of the foregoing, includes a barber
shop, hairdressing establishment, beautician, shoe repair and shoe shining shop,
formal rental shop, tailor shops, bake shops, depots for collection and delivery of
dry cleaning and laundry, self-serve dry cleaning and laundry establishment and
pet grooming facilities. The sale of merchandise shall be permitted only as an
accessory use to the personal service provided.
(299) “PHARMACEUTICAL AND MEDICAL PRODUCTS INDUSTRY” means a
building or part thereof used for the manufacture, fabrication and processing of
drugs in pharmaceutical preparations for human or veterinary use, and the
manufacture of orthopaedic, prosthetic and surgical appliances and supplies.
(300) “PHARMACY” means a retail store which dispenses prescription drugs and
which sells, among other things, non-prescription medicines, health and beauty
products, and associated sundry items.
(301) “PIT” means any pit or excavation made for the purpose of searching for, or the
removal of any soil, earth, clay, marl, sand, gravel or rock for commercial
purposes but shall not include an excavation incidental to the erection of a
building or structure for which a building permit has been granted by the
Corporation, or an excavation incidental to the construction of any public works.
(302) “PIT, WAYSIDE OR WAYSIDE QUARRY” means a temporary pit or quarry
opened and used by a public road authority solely for the purpose of a particular
project or contract of road construction and not located on the road right-of-way.
(303) “PLACE OF ENTERTAINMENT” means a building, or part thereof, used for the
general purpose of providing entertainment and includes cinemas, theatres, art
galleries, commercial recreation establishments, auditoriums and all other places
of amusement, but excludes amusement game establishments.
(304) “PLACE OF WORSHIP” means a building, including a synagogue, church,
mosque and rectory, owned or occupied by a religious congregation or religious
organization and dedicated exclusively to worship and related religious, social
and charitable activities, with or without a hall, auditorium, convent, monastery,
office of a clergyman, cemetery, church school, parish hall, day care or a
parsonage as uses accessory thereto.
(305) “PLANTING STRIP” means an area of landscaped open space located
immediately adjacent to a lot line or portion thereof, on which is situated one (1)
or more of the following screening devices:
(i)
a continuous row of trees;
(ii)
a continuous hedgerow of evergreens or shrubs;
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(iii)
a berm;
(iv)
a wall; or
(v)
an opaque fence,
arranged in such a way as to form a dense or opaque screen.
(306) “PORCH” or “VERANDAH” means a partially enclosed stoop having a roof but
lacking any enclosing walls greater than 1.5 metres (4.92 ft.) in height from the
top of the platform of the said stoop.
(307) “PRINTING ESTABLISHMENT” means a building or part thereof, used for the
primary purpose of printing, lithographing or publishing. It may include some of
the same uses permitted in a duplicating shop, but must include at least one of
the above-listed primary functions.
(308) “PRINTING, REPRODUCTION AND DATA PROCESSING INDUSTRY” means a
building or part thereof, used by printing industries; reproduction industries such
as tape, film and records; data processing industries; and binding and related
industries with similar impacts.
(309) “PRIVATE” means “not public”.
(310) “PRIVATE CLUB” - see “CLUB, PRIVATE”.
(311) “PRIVATE GARAGE” - see “GARAGE, PRIVATE”.
(312) “PRIVATE ROAD” means a right-of-way existing on the day of passing of this ByLaw, which has not been dedicated as a street or accepted or assumed by the
Corporation, but is owned privately and which affords the principal means or
access to abutting, separately owned, legally conveyable parcels of land.
(313) “PROCESSED GOODS INDUSTRY” means a building or part thereof used by
textiles, leather and rubber industries; plastics and synthetic resins industries;
paper and wood products industries; metal products industries; oil and coal byproducts industries; chemical products industries; and non-metallic products
industries. Processed goods industries exclude pulp and paper industries and
primary metal industries.
(314) “PROFESSIONAL OFFICE” - see “OFFICE”.
(315) “PROPANE TRANSFER FACILITY” means a facility at a fixed location having
not more than one storage container and such container shall not have an
aggregate propane storage capacity in excess of 155,000 litres and from which
no retail sale of propane fuel to the public is or may be effected.
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DEFINITIONS
(316) “PUBLIC”, when used in reference to a building, structure, use or lot, means a
building, structure, use or lot used by a public agency to provide a service to the
public.
(317) “PUBLIC AGENCY” means:
(i)
the Government of Canada, the Government of Ontario or any municipal
corporation;
(ii)
any ministry, department, commission, corporation, authority, board or
other agency established from time to time by the Government of Canada,
the Government of Ontario or any municipal corporation;
(iii)
any public utility; or
(iv)
any railway company authorized under The Railway Act, as amended from
time to time, or any successors thereto.
(318) “PUBLIC AUTHORITY” means any school board, public utility commission,
transportation commission, public library board, board of parks management,
board of health, police services board, planning board or other board or
commission or committee of local authority established or exercising any power
or authority under any general or special Statute of Ontario with respect to any of
the affairs or purposes of a municipality or any portion thereof, and includes any
board, commission or committee or local authority established by By-Law of the
Municipality.
(319) “PUBLIC UTILITY” means:
(i)
any public agency, corporation, board or commission providing electricity,
gas, steam, water, telegraph, telephone, cable television, transportation,
drainage, or sewage or waste collection and disposal services to the
public; or
(ii)
a use pertaining to any such public agency, corporation, board, or
commission.
(320) “PUBLIC WORKS GARAGE” means the use of land, buildings, or structures for
the storage of municipal or provincial road maintenance equipment and the
equipment used to maintain other public facilities and includes the stockpiling of
sand and sand salt mixture or materials used in the maintenance of roads and
lands owned by the municipality.
(321) “QUARRY” means a place where consolidated rock has been or is being
removed by means of an open excavation, and includes the processing thereof
including screening, sorting, washing, crushing, and other similar required
operations, buildings and structures.
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DEFINITIONS
(322) “RAW MATERIAL PROCESSING INDUSTRY” means a building or part thereof
used by natural fibres, rubber and pelt processing industries; rock, stone and
non-metallic processing industries; clay and fine aggregates processing
industries; ore processing industries; chemical processing industries; and
miscellaneous processing industries which have similar impacts, such as
secondary processing of scrap metal to its base form. The raw material
processing industries exclude oil, natural gas and coal processing and refining
industries.
(323) “REAR LOT LINE” - see “LOT LINE”.
(324) “REAR YARD” - see “YARD”.
(325) “RECREATION CENTRE” - see “COMMUNITY CENTRE”.
(326) “RECREATION FACILITY, COMMERCIAL OUTDOOR” means an area of land
consisting of landscaped open space, outdoor playing fields (ball, soccer, cricket,
tennis, lawn bowling) used for recreation, amusement or athletic pursuits and
containing related facilities, building and apparatus to that end.
(327) “RECREATION TRAILER PARK” means a parcel of land providing overnight or
short term accommodation for travel trailers, recreational vehicles, campers or
tent trailers between April 1st and October 31st. Additions to a trailer shall not
include habitable rooms. A deck or storage shed of less than 10 square metres
shall, however, be permitted. Accommodation known as park models or modular
units shall only be permitted if specified in the Zone.
(328) “RECREATION USE” means a park, an outdoor recreation use, or a recreational
establishment.
(329) “RECREATION USE, OUTDOOR” means any form of play, amusement or
relaxation, such as games or sports, carried on completely in the open air and
not requiring any buildings for the recreational use itself although accessory
buildings for related facilities may be required such as for administrative or office
purposes, storage, and accessory food facilities; but does not include war games
as defined in Section 2(408) of this By-Law.
(330) “RECREATIONAL AMUSEMENT PARK” means a commercial recreational
establishment with or without permanent buildings or structures where rides,
games of chance, entertainment, exhibitions, and the sale of food, beverages,
toys and souvenirs constitute the main use.
(331) “RECREATIONAL ESTABLISHMENT” means a building designed and intended
to accommodate various forms of indoor sports and recreation, and shall include
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DEFINITIONS
an arena, tennis, squash, handball and badminton courts, swimming pool, weight
training and exercise rooms, and roller skating rinks. Playing areas for tennis,
squash, handball and badminton courts are to be excluded for the purpose of
calculating parking requirements.
(332) “RECREATIONAL VEHICLE” means a vehicle which provides sleeping and other
facilities for short periods of time, while traveling or vacationing, designed to be
towed behind a motor vehicle, or self-propelled, and includes such vehicles
commonly known as travel trailers, camper trailers, pick-up coaches, motorized
campers, motorized homes or other similar vehicles.
(333) “REDEVELOPMENT” means the removal of buildings or structures from land and
the construction or erection of other buildings or structures thereupon.
(334) “RENOVATION” means the repair and restoration of a building to an improved
condition but shall not include its replacement.
(335) “REPAIR AND RENTAL ESTABLISHMENT” means a business engaged in
maintaining, repairing, installing and renting articles and equipment for household
and personal use, such as: radios and televisions; refrigeration and air
conditioning; appliances; watches, clocks and jewellery; and re-upholstery and
furniture repair. This does not include any other use specifically referred to or
defined in this By-Law.
(336) “RESEARCH AND DEVELOPMENT ESTABLISHMENT” means a building or
part thereof used by raw material development and testing firms, processed
products development and testing firms, and chemical and biological products
development and testing firms, and includes an agricultural research station.
(337) (a)
“RESIDENTIAL”, when used in reference to a building, structure or use,
means any dwelling or mobile home as defined herein or any accessory
building, structure or use exclusively devoted thereto.
(b)
“NON-RESIDENTIAL”, when used in reference to a building, structure or
use, means a building, structure or use other than a residential building,
structure or use.
(c)
“RESIDENTIAL LOT” means a lot containing a residential use or a vacant
lot that is zoned for a residential use and meets the zone provisions for the
permitted residential use.
(338) “RESIDENTIAL USE” means the use of a building or structure or parts thereof as
a dwelling.
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(339) “RESOURCE EXTRACTION OPERATION” means a place where gravel, rock,
sand, earth, clay, fill, mineral or other material is being or has been removed by
means of an open excavation to supply material for construction, industrial or
manufacturing purposes, but does not include a wayside quarry or pit.
(340) “RESTAURANT” means a building or part thereof where food and beverage is
prepared and offered for retail sale to the public for immediate consumption on
the premises, including a licensed dining room.
(341) “RESTAURANT, DRIVE-THROUGH” means a place in which food is prepared
and sold to the general public and consumed on the premises inside or outside of
an automobile and includes an exterior method of ordering and picking-up food
from a vehicle.
(342) “RESTAURANT, FAST FOOD” means an establishment primarily engaged in
preparing specialty foods in bulk and in providing customers with a take-out
and/or delivery service which may or may not be consumed on or off the
premises.
(343) “RETAIL STORE” means a building or part of a building where goods, wares,
merchandise, articles or things are offered or kept for retail sale at retail and
includes storage on or about the store premises of limited quantities of such
goods, wares, merchandise, articles or things sufficient only to service such store
but does not include any wholesale business or business supply use, or any
establishment otherwise defined or classified.
(344) “RETIREMENT LODGE” or “RETIREMENT HOME” means a residence providing
accommodation primarily for persons or couples over 60 years of age where
each private bedroom or 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.
(345) “RIDING STABLE” means an establishment which offers horses for hire or
instruction in horsemanship.
(346) “RIGHT-OF-WAY or EASEMENT” means any right, liberty or privilege in, over,
along or under land, which the owner of one (1) lot may have with respect to any
other lot or which the Municipality, any other governmental authority or agency,
private company or individual may have with respect to any land in the
Municipality.
(347) “ROAD” shall have the meaning attributed to it in the definition of “Street”.
(348) “ROAD ALLOWANCE” - see “STREET ALLOWANCE”.
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DEFINITIONS
(349) “ROAD, COUNTY” - see “STREET”.
(350) “ROOMING HOUSE” - see “LODGING HOUSE”.
(351) “ROWHOUSE” - see “DWELLING”, “ROWHOUSE”.
(352) “SALVAGE OR SCRAP YARD“ means an establishment, lot or premises used
for the storage wholly or partly in the open, handling, processing, or any
combination thereof, of scrap material for reuse for the purpose of commercial
gain, which without limiting the generality of the foregoing, shall include waste
paper, rags, bones, bottles, bicycles, vehicles, tires, and metal, and junk or scrap
metal yards and automobile wrecking yards shall also be included.
(353) “SANITARY SEWER” means an adequate system of underground conduits,
operated either by a municipal corporation or by the Ministry of the Environment,
which carries sewage to an adequate place of treatment which meets with the
approval of the Ministry of the Environment.
(354) “SATELLITE DISH” means a device designed to receive communication signals
from a satellite.
(355) “SCHOOL” means an institution for education or instruction as defined by the
Education Act, R.S.O. 1990, or the Ministry of Colleges and Universities Act,
R.S.O. 1990, normally under the jurisdiction of a Board, or under the jurisdiction
of the Grand Erie District School Board, or the Brant Haldimand-Norfolk Catholic
District Separate School Board, or a school operated under charter granted by
the Province of Ontario.
(a)
“COMMERCIAL SCHOOL” means a school operated by one or more
persons for gain or profit.
(b)
“ELEMENTARY SCHOOL” means a school under the jurisdiction of the
Grand Erie District School Board, or the Brant Haldimand-Norfolk Catholic
District Separate School Board used primarily for the instruction of
students receiving primary education.
(c)
“PRIVATE SCHOOL, ELEMENTARY” means a school, other than a public
school, or a vocational school or a commercial school, under the
jurisdiction of a private board of trustees or governors, a religious
organization or a charitable institution that is recognized under the
Education Act, R.S.O. 1990, and offers the subjects of the Elementary
School course of study and may or may not offer an extended curriculum.
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DEFINITIONS
(d)
“PRIVATE SCHOOL, SECONDARY” means a school, other than a public
school, or a vocational school or a commercial school, under the
jurisdiction of a private board of trustees or governors, a religious
organization or a charitable institution that is recognized under the
Education Act, R.S.O. 1990, and offers the subjects of the Secondary
School course of study and may or may not offer an extended curriculum.
(e)
“POST SECONDARY SCHOOL” means a school under the jurisdiction of
a Board as defined in the Ministry of Colleges and Universities Act.
(f)
“SECONDARY SCHOOL” means a school under the jurisdiction of the
Grand Erie District School Board or the Brant Haldimand Norfolk Catholic
District School Board used primarily for the instruction of students
receiving a secondary education.
(356) “SCHOOL, MUSIC” means a school devoted to the teaching of music either
instrumental or vocal.
(357) “SEASONAL FARM DWELLING” - see “DWELLING”, “SEASONAL FARM
DWELLING”.
(358) “SEASONAL PRODUCE” means products harvested or capable of being
harvested within the County of Brant during the season at which it is offered for
sale.
(359) “SEMI-DETACHED DWELLING UNIT” - see “DWELLING”, SEMI-DETACHED
DWELLING UNIT”.
(360) “SENIOR CITIZEN HOUSING” means any housing for senior citizens sponsored
and administered by any public agency or any service club, place of worship, or
other non-business organization, either of which obtains financing from Federal,
Provincial or Municipal Governments or agencies, or by public subscription or
donation, or by any combination thereof, and such homes shall include auxiliary
uses as club and lounge facilities, usually associated with senior citizens
development.
(361) “SERVICE AND REPAIR ESTABLISHMENT” means premises engaged in
maintaining, repairing and installing machinery and equipment for household and
personal use, such as air conditioners, appliances, watches, clocks, jewellery, reupholstery and furniture repair.
(362) “SERVICE SHOP” means an establishment, other than an automotive use, that
provides a non-personal service or craft to the public, including, but not
necessarily restricted to, a printer's shop, a plumber's shop, a tinsmith's shop, a
painter's shop, a carpenter's shop, an electrician's shop, a welding shop, a
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DEFINITIONS
blacksmith's shop, a merchandise service shop, a battery storage and recharging
shop, a well driller's establishment, a furrier's shop, an upholsterer's shop, a
bakery, a dairy, a catering establishment, an egg grading station, a machine
shop, or a monument engraving shop.
(363) “SETBACK” means the shortest horizontal distance between the centreline of a
street adjacent to a lot and the nearest part of any building, structure, excavation
or open storage on such lot.
(364) “SHIPPING CONTAINER” shall be defined as a pre-fabricated metal container or
structure havinf a floor, roof, walls, and door(s), typically 20 feet (6metres) to 40
feet (12 metres) in size, and specifically designed for storage of goods and
materials while under transport by boat, truck or rail. When used to describe a
building or structure means a building or structure that is incidental,
subordinateand devotedto main use, building or structure and locate don the
same lot therewith. Shipping containers will not be considered a main building
and are not permitted for the use of harbouring animals, permanent or temporary
living accomodations, and shall only be used for storage purposes, and detached
from the main building or dwelling. Temporary shipping containers not in
compliance with the requirements of this By-law shall not exceed a maximum 6
month time frame on a property.
(365) “SHOPPING CENTRE” means one or more buildings, or part thereof containing
a group of separate permitted commercial uses having a total floor area in
excess of 550 square metres (5,920 sq. ft.), which is maintained as a single
comprehensive unit and located on a single lot, such lot being held and
maintained under one ownership or under condominium ownership pursuant to
the Condominium Act, as amended from time to time, or any successors thereto.
(366) “SIDE LOT LINE” - see “LOT LINE”.
(367) “SIDE YARD” - see “YARD”.
(368) “SIGHT TRIANGLE” means the triangular space formed by the intersecting lot
lines, at least one of which is also a street line, of a lot located at an intersection
of two or more streets or at an intersection at grade of a street and a railway
right-of-way, and a line drawn from a point in one such lot line to a point in the
other lot line, each such point being a specified distance from the point of
intersection of such lot lines measured along the said lot lines, provided that
where the said lot lines do not intersect at a point, the point of intersection thereof
shall be deemed to be the intersection of the projected tangents thereto, drawn
through the extremities of the interior lot lines.
(369) “SIGN” means a name, identification, description, advertising device, display or
illustration which is affixed to, or represented directly or indirectly upon, a
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DEFINITIONS
building, structure or lot and which directs attention to an object, product, place,
activity, person, institute, organization or business.
(370) “SINGLE DETACHED DWELLING” - see “DWELLING”, “SINGLE DETACHED
DWELLING”.
(371) “SINGLE DWELLING” - see “DWELLING”, “SINGLE DWELLING”.
(372) “SITE PLAN CONTROL BY-LAW” means any By-Law of the Corporation passed
pursuant to Section 41 of the Planning Act, as amended from time to time, or any
successors thereto.
(a)
“SITE PLAN CONTROL AREA” means an area of land designated by a
Site Plan Control By-Law as a site plan control area pursuant to Section
41 of the Planning Act, as amended from time to time, or any successors
thereto.
(b)
“SITE PLAN AGREEMENT” or “DEVELOPMENT AGREEMENT” means
any agreement entered into by an owner of land and the Corporation
pursuant to a Site Plan Control By-Law.
(373) “SNACK FOOD” means pre-packaged food such as potato chips, candy bars and
soft drinks, but does not include food preparation.
(374) “SOLAR COLLECTOR” means a device or combination of devices and or
structures that transforms solar energy into thermal, chemical or electrical energy
and that contributes to a structure's energy supply.
(375) “SOLAR ENERGY SYSTEM” means a system designed for the collection,
storage and distribution of solar energy.
(376) “SPLIT LEVEL DWELLING” - see “DWELLING”, “SPLIT LEVEL DWELLING”.
(377) “STOCKPILING” means the use of land for the storage of processed aggregates
or other raw materials for future sale.
(378) “STONE QUARRY” - see “QUARRY”.
(379) “STOOP” means a roofless, unenclosed structure, with or without steps,
consisting of a platform and connecting to an exterior door on the ground floor of
a dwelling, regardless of whether or not a cellar or part thereof is located
underneath such structure.
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DEFINITIONS
(380) “STORAGE DEPOT” means an area including reservoir, silo and tank storage;
hangers; open air parking; and open air storage. Storage depots exclude
salvage yards, resource extraction operations, and wayside pits.
(381) “STOREY” means a horizontal division of a building from a floor to the ceiling
directly above such floor, and includes an attic, a basement or a cellar as defined
herein, but does not include any mezzanine, gallery, balcony or other overhang.
(a)
“FIRST STOREY” or “GROUND FLOOR” means the storey having its floor
level closest to finished grade and its ceiling at least 2 metres (6.562 ft.)
above grade.
(b)
“SECOND STOREY” or “SECOND FLOOR” means the storey directly
above the first storey.
(c)
“ATTIC” means the topmost usable storey of a building situated wholly or
partly within a roof, where at least fifty percent (50%), but not more than
sixty-six percent (66%), of such storey is greater than 2 metres (6.562 ft.)
in height.
(d)
“BASEMENT” means that portion of a building partially below the first
storey and having fifty percent (50%) or more of its exterior wall area
above the average finished grade and having its ceiling 1.8 metres (5.9 ft.)
or less above grade.
(e)
“CELLAR” means that portion of a basement which is more than sixty
percent (60%) below average finished grade, measured from finished floor
to finished ceiling.
(382) “STREET” means a public highway or public road under the jurisdiction of either
the County or the Province of Ontario, and includes any highway as defined in
The Municipal Act, but does not include a lane or private right-of-way.
(a)
“COUNTY HIGHWAY” means former Provincial Highway that is now the
responsibility of the County or County Road identified by the County or
performing higher traffic functions.
(b)
“COUNTY ROAD” means a street under the jurisdiction of the County.
(c)
“HIGHWAY” means a street under the jurisdiction of the Province of
Ontario.
(d)
“IMPROVED STREET” means a Highway or a County Road.
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DEFINITIONS
(383) “STREET ALLOWANCE” means land held under public ownership for the
purpose of providing a street.
(384) “STREET LINE” means a lot line dividing a lot from a street and is the limit of the
street allowance.
(385) “STREET ROWHOUSE” - see “DWELLING”, “STREET ROWHOUSE”.
(386) “STREET WIDTH” means the horizontal distance between the street lines of a
street, measured along a line perpendicular to the said street lines.
(387) “STRUCTURE” means anything constructed or erected, the use of which
requires location on or in the ground, or attached to something located on or in
the ground, but does not include the permanent way of a railway, any paved
surface located directly on the ground, a fence, sign, or light fixtures.
(388) “STUDIO” means a building or part thereof, used as the workplace of a
photographer, craftsman or artist, or for the instruction of art, music, dancing,
languages or similar disciplines. The sale of any artifacts produced therein shall
be permitted only as an accessory use.
(389) “SUN DECK” - see “DECK”.
(390) “SUPERMARKET” means a retail store devoted to the sale of food and
associated small household items.
(391) “SUPERVISED RESIDENCE” means a Group Home Type 1 with more than eight
(8) residents, excluding staff or the receiving family.
(392) “SUPPORTIVE COMMUNITY HOME” means a residential building with central
kitchen, administrative, and possibly medical, facilities and a number of
housekeeping units or rooms where not more than twenty (20) persons reside
and receive care consistent with their needs, either by on-site staff or through the
visitation of various health care professionals.
(393) “SWIMMING POOL, PRIVATE OUTDOOR” means a privately owned pool
whether or not in the ground, capable of being used for swimming, wading,
diving, or bathing and which when filled is capable of containing a depth of 40 cm
(16 in) or more of water. For the purpose of regulations pertaining to lot
coverage in this By-Law a “Private Outdoor Swimming Pool” is deemed not to be
a building or structure.
(394) “TAVERN” means an establishment where alcoholic beverages are sold to be
consumed on the premises and shall include all such buildings operating under
the Liquor Licence Act, as amended from time to time.
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DEFINITIONS
(395) “TAXI ESTABLISHMENT” means a property, site or building used as a dispatch
office or an area, site or location intended for the parking of taxis and/or
limousines when not engaged in transporting persons or goods.
(396) “TEMPORARY USE” means a use that is authorized under the provisions of
Section 39 of the Planning Act, R.S.O. 1990, c. P.13.
(397) “THEATRE” means a building, or part thereof, used for the presentation of the
performing arts.
(398) “TILLABLE HECTARES” means the total area of land (in hectares) including
pasture that can be worked or cultivated.
(399) “TOP OF BANK” means, when used with reference to a watercourse, the highest
elevation of land which ordinarily confines the waters of such watercourse when
they rise out of the stream bed and/or the highest point of a stable slope
associated with valley corridors containing a river or stream channel.
(400) “TRADESMAN’S SHOP” means an establishment where an individual who
performs electrical, plumbing, carpentry, landscape, or other similar trade work,
primarily off site, may store materials and may have an office.
(401) “TRAILER” means any vehicle so constructed that it is suitable for being attached
to a motor vehicle for the purpose of being drawn or propelled by a motor vehicle,
or is self-propelled, and capable of being used for temporary living or sleeping of
persons therein for seasonal travel, recreation and vacation activity,
notwithstanding that such vehicle is jacked up or that its running gear is removed.
This definition shall include tent trailers, motor homes, truck campers, or similar
transportable accommodation but shall not include a mobile home as defined
herein.
(402) “TRANSPORT/TRUCK TERMINAL” means premises used for the transfer of
goods primarily involving loading and unloading of freight-carrying trucks, and
accordingly, involving the storing, parking, servicing and dispatching of freightcarrying trucks.
(403) “TRAVEL TRAILER PARK” - see “RECREATION TRAILER PARK”
(404) “TRIPLEX DWELLING” - See “DWELLING”, “TRIPLEX DWELLING”.
(405) “USE” means:
(i)
when used as a noun, the purpose for which a lot, building or structure, or
any combination or part thereof, is designed, arranged, occupied or
maintained; or
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(ii)
DEFINITIONS
when used as a verb, to put to such purpose.
(406) “VEHICLE” means a passenger automobile or other motor vehicle, a boat, a farm
implement, a mobile home, a motor home, a snowmobile, a trailer, or any other
device which is capable of being drawn, propelled or driven by any kind of power,
and includes a commercial vehicle as defined herein, but does not include a
bicycle or any other device, other than a boat, powered solely by means of
human effort.
(a)
“COMMERCIAL VEHICLE” means motor vehicle having dimensions
greater than 2.4 metres in height, 2.4 metres in width and 6.7 metres in
length and having permanently attached thereto a truck or delivery body,
and includes ambulances, hearses, casket wagons, fire trucks, buses and
tractors used for hauling purposes on the highways.
(407) “VEHICLE REPAIR GARAGE” means an establishment for the repair or
replacement of parts in a motor vehicle and, without limiting the generality of the
foregoing, includes the repair, replacement or reconditioning of mufflers, exhaust
systems, shock absorbers, transmissions, gears, brakes, clutch assemblies,
steering assemblies, radiators, heating or cooling systems, ignition systems,
electrical systems, tires, wheels, windshields, windows and other mechanical or
electrical parts or systems, the installation of undercoating, engine tuning,
lubrication and engine conversion or replacement, but does not include a body
shop, an impounding yard, an automobile service station or a gas bar. For the
purpose of this definition, vehicle does not include motorized construction
equipment, farm equipment, tractor trailers, or truck tractors.
(408) “VEHICLE REPAIR SHOP” means an establishment or part thereof which
contains facilities for the repair and maintenance of vehicles on the premises and
in which vehicle accessories are sold and vehicle maintenance and repair
operations, including the repairing or painting of vehicle bodies and the servicing
of farm implements and related equipment, construction equipment, tractor
trailers and truck tractors, are performed in return for remuneration, but does not
include a body shop wherein the repairing or painting of vehicle bodies
constitutes the primary activity, or any establishment engaged in the retail sale of
vehicle fuels.
(409) “VEHICLE SALES OR RENTAL ESTABLISHMENT” means an establishment
engaged primarily in the sale, rental or leasing of vehicles and vehicle
accessories, with or without an accessory vehicle repair shop or an accessory
gasoline retail outlet, and includes an establishment engaged in the sale of farm
implements and related equipment, boats and recreational vehicles.
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DEFINITIONS
(410) “VETERINARY CLINIC” means a building or structure where animals or birds are
given medical treatment under the control of a qualified veterinarian who is a
member of the Ontario Veterinarian Association.
(a)
“VETERINARY CLINIC, SMALL ANIMAL” means a building or structure
used for a veterinary practice where small domestic animals or birds are
kept for treatment only but shall not include outdoor kennels.
(411) “VIDEO RENTAL ESTABLISHMENT” means a building or part of a building used
for the rental of video tapes and equipment. Accessory uses may include the
sale of video tapes and equipment or convenience foods, restricted to an area
not to exceed 10.0 square metres (107.6 sq. ft.).
(412) “WAR GAMES” means any form of play, sport or amusement which simulates
war, armed conflict or military operations.
(413) “WAREHOUSE” means a building or part of a building used for the storage and
distribution of goods, merchandise, substances, or materials.
(414) “WAREHOUSE, PUBLIC SELF-STORAGE” means a building or part thereof
where individual storage areas are made available to the public for the storage or
keeping of goods.
(415) “WAREHOUSE, RETAIL” means a commercial establishment which has as a
principal use, the sale of merchandise to the public in a warehouse format, where
all areas are accessible to the public except for areas with accessory uses.
(416) “WAREHOUSING” means the storage of goods for remuneration or the storage
of goods which will be sold elsewhere or, subsequently, transported to another
location for sale or consumption. This does not include any other use specifically
referred to or defined in this By-Law.
(417) “WASTE DISPOSAL SITE” means any land upon which waste is deposited,
disposed of, handled, stored, transferred, treated or processed, and may include
a municipal landfill or high waste diversion facility operating under a Certificate of
Approval under the Environmental Protection Act.
(418) "WASTE DISPOSAL SITE, HIGH WASTE DIVERSION" means any building,
structure or lot used for the collection, storage, separation, and processing of
non-hazardous wastes through recycling, composting, recovery, incineration,
and/or landfilling and which has a Provisional Certificate of Approval for such
purposes under the Environmental Protection Act.
(419) "WASTE DISPOSAL SITE, LANDFILL" means a waste management facility,
which has a Provisional Certificate of Approval for such purposes under the
Environmental Protection Act, where non-hazardous waste material is placed in
trenches and/or on land and is covered with earth.
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DEFINITIONS
(420) “WASTE TRANSFER STATION” means a site and facilities used in the
management and processing of liquid and hazardous wastes, wastes and
recyclable materials which have a Provisional Certificate of Approval for such
purposes under the Environmental Protection Act.
(421) “WASTE TREATMENT” means a building or part thereof, used by waste
processing plants, water pollution control plants, sanitary landfill sites, and
hazardous substance treatment plants.
(422) “WATERCOURSE” means flowing water, though not necessarily continuous,
within a channel possessing bed and banks that usually discharges into some
other stream or body of water.
(423) “WATER SYSTEM, PUBLIC” means a water distribution system consisting of
piping, pumping and purification appurtenances and related storage, owned and
operated by the Corporation, another municipality or the Ministry of the
Environment.
(424) “WETLAND” means lands that are seasonally or permanently covered by shallow
water, as well as lands where the water table is close to or at the surface. In
either case, the presence of abundant water has caused the formation of hydric
soils and has favoured the dominance of either hydrophytic plants or water
tolerant plants. The four major types of wetlands are swamps, marshes, bogs
and fens. Periodically soaked or wet lands being used for agricultural purposes
which no longer exhibit wetland characteristics are not considered to be wetlands
for the purposes of this definition.
(425) “WHOLESALE ESTABLISHMENT” means any establishment which sells
merchandise to others for resale and/or to industrial and commercial users.
(426) “WILDLIFE MANAGEMENT” means lands used for the preservation of the area
as nearly as may be in its natural state in which research and educational
activities may be carried on for the protection of flora and fauna, or improvement
of the area, having regard to its historical, aesthetic, scientific or recreational
value.
(427) “WORKS OF A CONSERVATION AUTHORITY” means projects undertaken by a
Conservation Authority to protect or enhance areas under their control.
(428) “YARD” means an area of land which:
is appurtenant to, and located on the same lot as a building, structure or
excavation; and;
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DEFINITIONS
is open uncovered and unoccupied from the ground to the sky, except for
such accessory buildings, structures or other uses as are specifically
permitted thereon elsewhere in this By-Law.
(a)
“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 any building,
structure or excavation on such lot.
(b)
“FRONT YARD DEPTH” means the shortest horizontal dimension of a
front yard between the front lot line of a lot and the nearest part of any
building, structure open storage or excavation on such lot.
(c)
“REAR YARD” means a yard extending across the full width of a lot
between the rear lot line of such lot, or, where there is no rear lot line, the
junction point of the side lot lines, and the nearest part of any building,
(d)
“REAR YARD DEPTH” means the shortest horizontal dimension of a rear
yard between the rear lot line of a lot or, where there is no rear lot line, the
junction point of the side lot lines, and the nearest part of any building,
(e)
“SIDE YARD” means a yard extending from the front yard to the rear yard
of a lot and from the side lot line of such lot to the nearest part of any
building, structure or excavation on such lot.
(f)
“SIDE YARD WIDTH” means the shortest horizontal dimension of a side
yard between the side lot line of a lot and the nearest part of any building,
(g)
“EXTERIOR SIDE YARD” means a side yard immediately adjoining a
street or abutting a one-foot reserve on the opposite side of which is
located a street.
(h)
“INTERIOR SIDE YARD” means a side yard other than an exterior side
yard.
(i)
“REQUIRED YARD” means that part of a yard which:
(i)
is located adjacent to a lot line;
(ii)
has the minimum front yard depth, rear yard depth or side yard
width required hereby or is situated closer to the centerline than the
setback required therefrom; and
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(iii)
DEFINITIONS
does not contain or include any buildings, structures, open storage
or excavations except where this By-Law specifically provides
otherwise.
(429) “ZONE” means a designated area of land use shown on Schedule “A” hereto.
(430) “ZONE, PRIVACY YARD” means an area within the minimum yard depth in
which communal activities are discouraged or prevented by means of surface
finishing, landscaping or physical barriers.
(431) “ZONED AREA” means all those lands lying within the corporate limits of the
County of Brant.
(432) “ZONING ADMINISTRATOR” means the officer or employee of the Corporation
charged with the duty of administering the provisions of this By-Law and
supervising any By-Law enforcement.
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SECTION 3
(1)
GENERAL PROVISIONS
ACCESSORY USES
(a)
ACCESSORY USES PERMITTED IN ALL ZONES
Where this By-Law permits a lot to be used or a building or structure to be
erected or used for a purpose, that purpose shall include any building,
structure or use accessory thereto, except that no home occupation, open
storage or accessory dwelling unit shall be permitted in any zone other
than a zone in which such a use is specifically listed as a permitted use.
(b)
LOT COVERAGE
The total lot coverage of all accessory buildings or structures on a lot
within any of the Residential Zones shall not exceed 93 square metres
(1001 sq. ft.) and within any of the Estate Residential or Village
Residential Zones, 140 square metres (1506.9 sq. ft.) or fifteen percent
(15%) of lot area of the said lot, whichever is lesser. The total area of
accessory building may not exceed the gross floor area of the main
building except in the Agricultural or Industrial Zones. The area of an open
swimming pool shall not be calculated in determining lot coverage.
(c)
HEIGHT RESTRICTIONS
No accessory building or structure other than an Industrial or Agricultural
Zone shall exceed 4.5 metres (14.76 ft.) in height in the Residnetial Zones
and 5m (16.40 ft.) in height in the Estate Residential or Village Residential
Zones with the measurement taken from average grade to midpoint of the
roof line.
(d)
YARD REQUIREMENTS
Any accessory building or structure shall comply with the zone
requirements and all other provisions hereof applicable to the zone in
which such accessory building or structure is located, except that nothing
in this By-Law shall apply to prevent the erection of:
(i)
a building or structure accessory to a single dwelling, anywhere in
an interior side yard or a rear yard, provided that such accessory
building or structure shall not be located closer than 1.2 metres
(3.9 ft.) to any lot line;
(ii)
a mutual detached garage with a party wall astride a side lot line in
a Residential Zone, shall be constructed to provide a proper fire
separation, and, such mutual garage shall not be located in a
required front yard, nor closer than 1.2 metres (3.9 ft.) to any
portion of a rear lot line, unless that portion of the rear lot line
adjoins the interior side yard of the adjoining lot, the distance shall
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(e)
GENERAL PROVISIONS
be no closer than 4 metres (13.12 ft.), and in no case shall any
such accessory building be built closer than 7 metres (22.97 ft.) to
any street line;
(iii)
a gatehouse, anywhere in a front yard or exterior side yard in any
Industrial Zone;
(iv)
a swimming pool, in accordance with the provisions of Section
3(24) of this By-Law;
(v)
a boat house or boat dock at the edge of a watercourse;
(vi)
a garage in a front yard, but not a required front yard, within any
Residential Zone.
DWELLING- SECOND UNIT REQUIREMENTS
(i)
Number Permitted:
One (1), provided that the main residential dwelling on the same lot
does not contain a dwelling-second unit and that an ancillary building
shall not be permitted on any lot that contains more than one (1)
dwelling.
(ii)
Maximum Lot Coverage:
93 square metres
(iii)
Maximum Height Restriction:
4.5 metres, measured to the highest point of the roof.
(iv)
Habitable Storeys Permitted:
One (1)
(v)
Plumbing Limitations:
The plumbing fixtures in an ancillary building shall be limited to:
· One shower, one bathtub or on shower/tub combination
· One lavatory sink
· One water closet
· One kitchen sink, and
· One external faucet
(vi)
Servicing:
The property must be fully serviced and capacity must be available to
the satisfaction of the County.
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(vii)
(2)
GENERAL PROVISIONS
No dwelling- second unit or portion thereof shall provide for access and
egress by means of an unenclosed stairway or fire escape.
ACCESS REGULATIONS
(a)
No dwelling- second unit shall be permitted except where the main
dwelling unit is directly accessible from an improved street.
No person shall hereafter erect any main building or structure on any lot in any
zone unless such lot or an adjacent lot held under the same ownership abuts an
improved street or one foot reserve on the opposite side of which is located an
improved street, except that this provision shall not;
1. Limit frontage on a public street.
2. Subtract from lot area.
3. Apply to a lot located on a Plan of Subdivision registered subsequent to
the date of the passing of the By-law.
Private streets that existed on the date of passage of this By-law shall be
considered as improved streets despite the fact that such private streets have not
been assumed by the corporation. This provision shall only have the affect for the
purpose of applying the zone regulations of this By-law and not for consideration
of granting consents. Furthermore, this provision shall not imply any obligation on
the Corporation to assume and/or devlop any private street into an improved
street, or maintain it for private or public purposes.
(3)
DWELLING UNITS
(a)
LOCATION WITHIN NON-RESIDENTIAL BUILDING
Where a dwelling unit is located within or attached to a non-residential
building, such building and dwelling unit shall comply with the yard
requirements of this By-Law which apply to the said non-residential
building. Furthermore, any wall of a non-residential building that contains
a window of a habitable room shall be located not less than 2.5 metres
(8.2 ft.) from any side lot line.
(b)
LOCATION WITHIN BASEMENT OR CELLAR
(i)
No dwelling unit shall be located in its entirety within a cellar. If any
portion of a dwelling unit is located in a cellar, such portion shall be
for non-habitable rooms only.
(ii)
A dwelling unit or part thereof may be located in a basement
provided the finished floor level of such basement is not below the
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(c)
(d)
(4)
GENERAL PROVISIONS
level of any sanitary or storm sewer servicing the building or
structure in which such basement is located.
DWELLING UNIT AREA (MINIMUM)
No dwelling unit shall be erected or used unless:
(i)
in the case of a dwelling unit constituting a single dwelling minimum area of 70 square metres (753.5 sq. ft.);
(ii)
in the case of a mobile home - minimum area of 55 square metres
(592 sq. ft.), except that the minimum dwelling unit area of an
existing mobile home shall be 44 square metres (473.63 sq. ft.);
(iii)
in the case of any other dwelling unit - minimum area of 40 square
metres (430.6 sq. ft.) for a bachelor dwelling unit plus an additional
15 square metres (161.4 sq. ft.) for each bedroom. In the case of a
dwelling- second unit- minimum area of 35 square metres;
DWELLING UNITS PER LOT (MAXIMUM)
A maximum of one (1) dwelling unit per lot shall be permitted except in the
case where:
(i)
a lot containing more than one (1) dwelling unit on the date of
passing of this By-Law, in which case the maximum number of
dwelling units permitted on such lot shall be the number of existing
dwelling units on the said lot; and
(ii)
in a zone which specifically permits more than one (1) dwelling unit
per lot.
GRADING
(a)
EXCAVATIONS
No person shall make any excavations or remove any topsoil, earth, peat,
sand or gravel from any lot, alone or in conjunction with any construction
work, unless the written permission of the Zoning Administrator or a
building permit with respect to such construction work has first been
obtained, and except in accordance with any requirements of the
Corporation with respect to the retention of topsoil, grading and finished
elevations.
Where grading activities are proposed within areas defined by Fill Lines or
Scheduled Areas defined under the Fill, Construction and Alteration to
Waterways regulations in accordance with the Conservation Authorities
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(b)
GENERAL PROVISIONS
Act, prior written approval of the appropriate Conservation Authority must
be obtained.
DUMPING
No person shall use any lot for dumping or otherwise depositing or storing
any topsoil, earth, sand, gravel or fill unless written permission has first
been obtained from the Zoning Administrator.
Where grading activities are proposed within areas defined by Fill Lines or
Scheduled Areas defined under the Fill, Construction and Alteration to
Waterways regulations in accordance with the Conservation Authorities
Act, prior written approval of the appropriate Conservation Authority must
be obtained.
(c)
(5)
EXEMPTION FOR AGRICULTURAL USES
Nothing in this Subsection shall apply to restrict any activity normally
associated with a permitted agricultural use, except in the case of
construction work for which a building permit is required in accordance
with the Building Code.
GROUP HOMES
Notwithstanding any other provisions of this By-Law to the contrary, a Group
Home Type 1 may be permitted in any single dwelling unit provided there is no
Group Home Type 1 or Group Home Type 2 located within 100 metres (328 ft.)
from the proposed facility and the dwelling unit has a minimum floor area of 18.5
square metres (199.14 sq. ft.) per person residing within the unit.
Group Homes Type 2 and Supervised Residences are permitted only within
those zones which specifically permit the use. In order to prevent concentrations
of Group Home Type 2 uses within specific areas, and notwithstanding their
being listed as a permitted use, a minimum separation between facilities shall be
300 metres (984.25 ft.) measured in any direction.
(6)
HEIGHT RESTRICTIONS
(a)
GENERAL
Unless otherwise specifically provided elsewhere herein, or as set out in
Subsection (b) below, no building or structure anywhere within the zoned
area shall exceed a height limit of 10 metres (32.8 ft.). With the exception
of the Brantford Airport Height Regulation set out in Subsection (b) below,
this provision or any other provision of this By-Law, however, shall not
restrict the height of any of the following structures:
barn;
grain elevator;
grain dryer;
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GENERAL PROVISIONS
-
(b)
(7)
belfry;
chimney;
place of worship spire;
clock tower;
elevator or stairway penthouse;
flag pole;
hydro-electric transmission tower;
ornamental structure;
radio or television antenna;
silo;
steeple or cupola;
structure containing heating, cooling,
equipment attached to such building;
tower;
water tower;
windmill;
precipitating tower;
cracking tower.
or other mechanized
BRANTFORD AIRPORT HEIGHT RESTRICTIONS
All development within the area affected by the Brantford Airport Height
Restrictions shall comply with the height restrictions as shown on
Schedule “D”.
HOME OCCUPATION - RESIDENTIAL
No residential home occupation shall be permitted within any Residential Zone
except in accordance with the following provisions:
(a)
A residential home occupation shall be accessory to a dwelling occupied
by the owner or tenant thereof as his principal residence and located
within a zone in which a home occupation is specifically listed as a
permitted use.
(b)
At no time shall any residential home occupation employ anyone other
than a person residing within the dwelling unit to which such home
occupation is accessory.
(c)
The residential home occupation shall be clearly incidental and secondary
to the main residential use to which it is accessory, shall not change the
residential character of the dwelling and shall be wholly contained within
the dwelling unit. No more than twenty-five percent (25%) of the dwelling
unit may be devoted to a home occupation use.
(d)
There shall be no display of sign or product to indicate to persons outside
that any part of the dwelling unit is being used for a purpose other than
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SECTION 3
(8)
GENERAL PROVISIONS
residential other than a non-illuminated sign, no larger than 0.5 square
metres (5.38 sq. ft), located on the dwelling.
(e)
No residential home occupation shall create or become a public nuisance,
particularly with regard to noise, traffic, emissions, parking or radio or
television interference, nor shall any open storage be permitted in
conjunction with a home occupation.
(f)
Residential home occupations shall be limited to such occupations as
insurance agents, sales agents, accountants, telephone sales, computer
graphics, seamstress/tailor, artists, music teacher, crafts, hobbies,
tradesmen, hairdresser/barber, and caterer/baker. Also included as
residential home occupations are home child care that, for remuneration,
provide temporary care to not more than five (5) children or temporary day
care to not more than three (3) adults.
(g)
A residential home occupation may also include a bed and breakfast
establishment, as defined in Section 2, conditional on the lot being able to
supply one parking space for each bedroom utilized for the bed and
breakfast.
(h)
In a Residential Zone not located in an R1, R1A, R1B, RH, R2, R2A, R3,
R4, R5, RO, RMH, or RT Zone, home occupations may be located within
an accessory structure.
HOME OCCUPATION - RURAL
No rural home occupation shall be permitted anywhere within Agricultural Zones,
except in accordance with the following provisions:
(a)
A rural home occupation shall be clearly secondary to a single dwelling
located on the same lot within Agricultural Zones.
(b)
At no time shall any rural home occupation employ more than two persons
who do not reside in the dwelling to which such rural home occupation is
secondary and who attend or work on the lot where the dwelling is
located.
(c)
A rural home occupation may be located within the dwelling unit.
However,
(i)
not more than twenty-five percent (25%) of the dwelling unit area of
any dwelling unit located above grade shall be used primarily for a
rural home occupation; or
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SECTION 3
(ii)
(iii)
GENERAL PROVISIONS
not more than fifty percent (50%) of the dwelling unit area of any
dwelling unit located below grade if limited to a basement or cellar
only shall be used primarily for a rural home occupation; or
not more than twenty-five percent (25%) of the dwelling unit area of
any dwelling unit if both the basement and upper floor(s) are used
shall be used primarily for a rural home occupation;
and any area used for a rural home occupation shall not reduce the
dwelling area required by Section 3(3).
(d)
A rural home occupation may be located within a building or structure
which is accessory to the main residential or agricultural use. A rural
home occupation shall be wholly contained within buildings and structures
that shall not exceed ten percent coverage of the lot area or a total of 300
square metres (3,229 sq. ft.) of gross floor area, whichever is the lesser.
(e)
A rural home occupation, operated by a person not residing on the lot,
shall be limited to the renting or leasing of space within buildings or
structures for storage purposes.
(f)
Only one rural home occupation shall be permitted on a lot.
(g)
No rural home occupation shall create or become a public nuisance,
particularly with regard to noise, traffic, emissions, parking, or radio or
television interference, nor shall any open storage be permitted in
conjunction with a rural home occupation, except as specifically permitted
in accordance with the provisions of the Agricultural Zone within which the
rural home occupation is located.
(h)
Retail sales are restricted to goods manufactured as part of the rural home
occupation. The area devoted to retail sales shall be no more than ten
percent (10%) of the floor area of the rural home occupation.
(i)
None of the following uses shall be considered rural home occupations,
except where such uses are specifically permitted in accordance with the
provisions of the Agricultural Zone within which the rural home occupation
is located:
(i)
hospital;
(ii)
funeral home;
(iii)
restaurant;
(iv)
refreshment room;
(v)
salvage yard;
(vi)
convenience store.
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GENERAL PROVISIONS
(j)
There shall be no product on display and no sign shall be permitted other
than a non-illuminated sign no larger than 1.5 square metres (16.15 sq. ft.)
to indicate to persons outside that any part of the property is being used
for a purpose other than residential or agricultural.
(k)
A rural home occupation may include a bed and breakfast establishment
as defined in Section 2 provided one (1) parking space for each bedroom
utilized for the bed and breakfast is available on the lot upon which the
rural home occupation is located.
(9)
HOUSEHOLD SALES/GARAGE SALES
Household sales/garage sales are permitted in any zone, except that there shall
not be more than two (2) such sales per annum at one (1) location and no such
sale shall exceed three (3) consecutive days in duration.
(10)
LANDSCAPING
(a)
LANDSCAPED OPEN SPACE
Landscaped open space shall be provided in accordance with the zone
provisions set out herein for each zone and the following general
provisions:
(b)
(i)
Any part of a lot which is not occupied by buildings, structures,
parking areas, loading spaces, driveways, excavations, agricultural
use or permitted outdoor storage areas shall be maintained as
landscaped open space.
(ii)
Except as other wise specifically provided herein, no part of any
required front yard or required exterior side yard shall be used for
any purpose other than landscaped open space.
(iii)
Where landscaped open space of any kind, including a planting
strip, is required adjacent to any lot line or elsewhere on a lot,
nothing in this By-Law shall apply to prevent such landscaped open
space from being traversed by pedestrian walkways or permitted
driveways.
(iv)
No part of any driveway, parking area, loading space, stoop, rooftop terrace, balcony, swimming pool or space enclosed within a
building, other than a landscaped area located above an
underground parking area, shall be considered part of the
landscaped open space on a lot.
PLANTING STRIPS
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GENERAL PROVISIONS
(i)
Where the lot line of a lot containing a non-residential use and
located in a Commercial Zone or Industrial Zone abuts a lot in a
Residential Zone, or abuts a street on the opposite side of which is
located a lot in a Residential Zone, then that part of the lot
containing such non-residential use or directly adjoining the said lot
line shall be used for no purpose other than a planting strip having
a minimum width of 3 metres (9.85 ft.) measured perpendicularly to
the said lot line. Planting strips shall be landscaped and planted
with ornamental shrubs, flowering shrubs, flower beds, man-made
landscape materials or a combination thereof and may contain
closed board, picket or chain linked fence having a minimum of 1.2
metres (3.94 ft.) high at the time of planting.
(ii)
Where a fence, a wall, a row of trees or a hedgerow is provided as
part of a planting strip required by this By-Law, such fence, wall,
row of trees or hedgerow shall be designed to have an ultimate
height of not less than 1.5 metres (4.92 ft.) above the elevation of
the ground at the nearest lot line, except within a sight triangle
where the maximum height of any landscaping materials shall be
0.6 metre (1.97 ft.).
(iii)
Where a planting strip required hereby is traversed by a pedestrian
walkway or by a driveway, in accordance with Paragraph (iii) of
Clause (a) of this Subsection, such planting strip shall not be
required to extend closer than 1 metre (3.3 ft.) to the edge of such
walkway or 2 metres (6.6 ft.) closer to the edge of such driveway,
provided that any intervening space between the said planting strip
and the said walkway or driveway is maintained as landscaped
open space.
(11)
LIGHTING
Lighting fixtures designed to provide exterior illumination on any lot shall be
installed with the light directed or deflected away from adjacent lots and streets
and shall not be similar to traffic lights.
(12)
LOADING SPACE REGULATIONS
(a)
REQUIRED LOADING SPACES
The owner or occupant of any lot, building or structure used or erected for
any purpose involving the receiving, shipping loading or unloading of
animals, goods, wares, merchandise or raw materials, shall provide and
maintain, on the same lot, facilities comprising one or more loading
spaces in accordance with the provision of this Subsection.
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GENERAL PROVISIONS
(b)
LOADING SPACE REQUIREMENTS (MINIMUM)
The number of loading spaces required on a lot shall be based on the total
net floor area of all the uses on the said lot for which loading spaces are
required by Clause (a) of this Subsection, in accordance with the
following:
(i)
(ii)
less than 250 square metres (2700 sq. ft.) of total net floor area - 0
loading spaces;
over 250 square metres (2700 sq. ft.) up to and including 500
square metres (5400 sq. ft.) of net floor area -1 loading space;
(iii)
over 500 square metres (5400 sq. ft.) up to and including 2 500
square metres (27,000 sq. ft.) of net floor area - 2 loading spaces;
(iv)
over 2 500 square metres (27,000 sq. ft.) up to and including 7 500
square metres (80,732 sq. ft.) of net floor area - 3 loading spaces;
(v)
over 7 500 square metres (80,732 sq. ft.) of net floor area - 3
loading spaces plus 1 additional loading space for each 10 000
square metres (107,643 sq. ft.) or part thereof of total net floor area
in excess of 7 500 square metres (80,732 sq. ft.).
(c)
DIMENSIONS OF LOADING SPACES
A required loading space shall have minimum dimensions of 3.5 metres by
10 metres (11.5 ft. X 32.8 ft.) and a minimum vertical clearance of 4
metres (13 ft.).
(d)
LOCATION OF LOADING SPACES
Required loading spaces shall be provided on the same lot occupied by
the building or structure for which the said loading spaces are required,
and shall not form a part of any street or lane.
(e)
YARDS WHERE PERMITTED
Loading spaces shall be permitted in any yard, except the front yard, and
no part of any loading space shall be closer than 3 metres (9.8 ft.) to any
lot line.
(f)
ACCESS TO LOADING SPACES
Access to loading spaces shall be provided by means of one or more
unobstructed driveways which:
(i)
have a minimum unobstructed width of at least 3.5 metres (11.5 ft.),
regardless of the direction of traffic flow thereupon, and provide
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SECTION 3
(g)
GENERAL PROVISIONS
sufficient space to permit the manoeuvring of vehicles on the lot so
as not to obstruct or otherwise cause a hazard on adjacent streets;
(ii)
are contained within the lot on which such loading spaces are
located and lead either to an improved street or to a lane; and
(iii)
comply in all other respects with the requirements for driveways
providing access to parking areas and spaces set out in Subsection
(19) of this Section.
SURFACE AND DRAINAGE OF LOADING SPACES AND DRIVEWAYS
(i)
(ii)
(h)
ADDITION TO EXISTING USE
When a building or structure has insufficient loading spaces on the date of
passing of this By-Law to comply with the requirements herein, this ByLaw shall not be interpreted to require that the deficiency be made up prior
to the construction of any addition. However, any loading spaces required
by this By-Law for such addition shall be provided in accordance with all
provisions hereof respecting loading spaces.
(i)
(13)
All loading spaces and driveways providing access thereto shall be
provided and maintained with a stable surface, treated so as to
prevent the raising of dust or loose particles, and including, but not
so as to limit the generality of the foregoing, the following surfacing
materials:
1. crushed stone or gravel; and
2. any asphalt, concrete or other hard surfaced material.
All loading spaces and driveways providing access thereto shall be
drained so as to prevent the pooling of surface water or the flow of
surface water onto adjacent lot or streets.
Exception for C1 Zones
Notwithstanding any other provision hereof to the contrary, no
loading spaces shall be required for any building, structure or use
located within a C1 Zone on Grand River Street North between the
Nith River and Charlotte Street in Paris, or on Main Street South
between Beverly Street and Hawk Street in St. George, or on King
Street between Alexander Street and Park Avenue in Burford, or on
Simcoe Street or Elgin Street in Scotland, or on Oakland Street in
Oakland.
LOTS WITH MORE THAN ONE USE OR ZONE
(a)
MORE THAN ONE USE
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SECTION 3
(i)
(ii)
(b)
(14)
(15)
GENERAL PROVISIONS
Where a lot contains more than one (1) permitted use other than an
accessory use, each such use shall conform to the provisions of the
zone in which the said lot is located as if such use exists
independently of any other use.
Where standards or provisions pertaining to two (2) or more uses
on one lot are in conflict, the highest or most restrictive standards
and/or provisions shall apply.
MORE THAN ONE ZONE
Where the use or uses of a lot divided into two or more zones are
permitted in all such zones, Subsection (a) shall not apply and the said lot
shall be considered to be a single lot as defined herein and the highest or
most restrictive zone requirements pertaining to such use or uses in all the
said zones shall apply throughout the said lot. Where the lot includes an
Environmental Protection and/or Wetland Zone in addition to an
Agricultural or Agricultural Restrictive Zone, the property may be treated
as one lot for the purpose of lot area, coverage, and/or lot frontage so long
as regulations of 5(3)(i) or 6(3)(i) can be met.
MINIMUM DISTANCE SEPARATION
(a)
Notwithstanding any other yard or setback provisions of this By-Law to the
contrary, no residential, institutional, commercial, industrial, or recreational
use located on a separate lot and otherwise permitted by this By-Law,
shall be established and no building or structure for such use shall be
erected or altered unless it complies with the Minimum Distance
Separation (MDS I) calculated using Schedule “B” to this By-Law.
(b)
Notwithstanding any other yard or setback provisions of this By-Law to the
contrary, no livestock facility or manure storage facility shall be erected or
expanded unless it complies with the Minimum Distance Separation (MDS
II) calculated using Schedule “C” to this By-Law.
(c)
The Minimum Distance Separation (MDS I and MDS II) shall not be
required between a livestock facility and:
(i)
a dwelling or accessory building on the same lot;
(ii)
a public utility;
(iii)
a sewage treatment facility;
(iv)
a waste disposal site; or
(v)
a pit or quarry.
MUNICIPAL SERVICES REQUIRED
Notwithstanding any other provisions of this By-Law, no land shall be used, nor
any buildings or structures erected or used unless, pursuant to an agreement
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SECTION 3
GENERAL PROVISIONS
made or condition imposed under Sections 41, 45, 51 or 53 of the Planning Act
or Section 50 of the Condominium Act, dealing with the provision of any of the
municipal services as are set out in this By-Law, the municipal services to be
provided are available to service the land, buildings or structures, as the case
may be.
(16)
NON-CONFORMING USES AND LOTS
(a)
REBUILDING OR REPAIR PERMITTED
Nothing in this By-Law shall prevent the rebuilding or repair of an existing
permitted building or structure, even though such building or structure or
the lot on which such building or structure is located does not conform to
one or more of the provisions of this By-Law, provided that the dimensions
of the original building or structure are not increased, the use thereof is not
altered, and the pertinent yards are not reduced except in accordance with
the provisions of this By-Law.
(b)
EXTENSIONS PERMITTED AND EXISTING YARDS RECOGNIZED
Nothing in this By-Law shall prevent a vertical or horizontal extension or
addition from being made to an existing or permitted building or structure
on a lot, even though such building, structure or lot or the use thereof does
not conform to one or more of the provisions of this By-Law, provided such
extension or addition itself is designed, located, used and otherwise is in
compliance with the provisions of this By-Law, except that all yards
appurtenant to an existing building or structure shall be deemed to
conform to the yard and setback requirements of this By-Law,
notwithstanding that the width or depth of such yards might be less than
that required elsewhere herein.
(c)
LOT AREA OR LOT FRONTAGE LESS THAN REQUIRED
Where a lot having a lesser lot area or lot frontage than that required
hereby:
(i)
is or has been held under distinct and separate ownership from
abutting lots or was legally created; or
(ii)
is created as a result of an expropriation; and
(iii)
is located within an Agricultural Zone and has a minimum 20.0
metre frontage (65.6 ft.) or is located within a Residential Zone and
has a minimum 8.0 metre frontage (26.2 ft.) and is able to obtain a
potable water supply and a septic tank permit;
then the said lot shall be deemed to conform to the requirements of this
By-Law with respect to the lot area or lot frontage, and the provisions
hereof respecting lot area and lot frontage shall not apply to prevent the
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SECTION 3
(d)
(17)
GENERAL PROVISIONS
use of a permitted building or structure thereupon, in accordance with all
other provisions hereof.
SUBSEQUENT CONSENT AND/OR CONDOMINIUM ACT
Where the development of any land is approved under Section 41 of the
Planning Act, and pursuant to a consent subsequently given under
Section 53 of the Act, or pursuant to an approval or exemption
subsequently given under Section 50 of the Condominium Act, any part of
the land is conveyed or otherwise dealt with, the regulations of this ByLaw are hereby deemed to apply to the land as a whole and to any
building or structure thereon in the same manner and to the same extent
as if the consent, approval or exemption was not given, so long as the
land and any building or structure thereon are used and continue to be
used for the purpose for which the development was approved.
OPEN STORAGE
(a)
OPEN STORAGE REGULATIONS
Except as otherwise provided in Clause (b) of this Subsection, or
specifically listed as a permitted use in a zone, no open storage shall be
permitted on any lot in any zone, except in accordance with the following
provisions:
(i)
No open storage area shall be permitted in any required yard or,
except in the case of an agricultural use or the outside display and
sale of goods and materials in conjunction with a permitted
commercial use, in any part of a front yard or exterior side yard.
(ii)
No open storage area shall be located closer than 3 metres (9.8 ft.)
to any lot line.
No open storage area shall be visible from any street or from any
adjacent lot, where such adjacent lot is located in a zone other than
an Agricultural Zone, a Commercial Zone or an Industrial Zone, and
to this end any open storage area shall be screened, wherever
necessary in order to comply with this provision, by a planting strip
containing an opaque fence, wall or other opaque barrier not less
than 2 metres in height, except that this provision shall not apply to
any storage area accessory to an agricultural use or to the outside
display and sale of goods and materials in conjunction with a
permitted commercial use.
(iii)
(iv)
Any open storage area shall be maintained as landscaped open
space or provided and maintained with a stable surface, treated so
as to prevent the raising of dust or loose particles and drained in
accordance with the requirements of the Corporation, except that
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SECTION 3
(b)
(18)
GENERAL PROVISIONS
this provision shall not apply to any storage area located on a lot
whereon the main use is an agricultural use.
(v)
Notwithstanding Paragraph (iv) of this Clause, no open storage
area shall be considered part of any landscaped open space
required hereby.
(vi)
No parking spaces or loading spaces required by this By-Law shall
be used for open storage purposes.
(vii)
No open storage of hazardous substances or any use listed in
Section 3(26) shall be permitted within the Environmental
Protection Zone, the Wetland Zone, or the Agricultural Restrictive
Zone.
SPECIAL EXCEPTIONS
Nothing in Clause (a) of this Subsection shall apply to prevent or
otherwise restrict the use as an open storage area of any part of:
(i)
the front yard on a lot containing an agricultural use, for a
temporary roadside retail farm sales outlet for produce grown on
the said lot; or
(ii)
a lot containing a single dwelling, for a special temporary sale, by
auction or otherwise, of personal possessions belonging to the
occupants thereof.
OUTDOOR PATIO ASSOCIATED WITH A RESTAURANT
Notwithstanding any other provisions of this By-Law, the following shall apply to
an outdoor patio associated with a permitted restaurant:
(a)
CAPACITY
No outdoor patio shall accommodate more than fifty percent (50%) of the
licensed capacity of the restaurant with which the patio is associated, or
50 persons, whichever is the greater.
(b)
LOCATION
(i)
No outdoor patio shall be permitted where any lot line adjoins lands
which are in a Residential Zone class which is not in combination
with another zone, or is separated therefrom by a lane.
(ii)
Notwithstanding the provisions of paragraph (i), where only the rear
lot line adjoins a Residential Zone class which is not in combination
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GENERAL PROVISIONS
with another zone, or is separated therefrom by a lane, an outdoor
patio shall be permitted in the front yard.
(iii)
(19)
No outdoor patio shall be located above the elevation of the floor of
the first storey of the principal building where the lot adjoins a
Residential Zone class which is not in combination with another
zone, or is separated therefrom by a lane.
(c)
LIGHTING
Any outdoor lighting shall be directed toward or onto the patio area and
away from adjoining properties and streets.
(d)
LOADING
Notwithstanding subsection (12), no loading space shall be required for an
outdoor patio restaurant.
(e)
ENTERTAINMENT
No music (whether performed live or recorded), dancing or other forms of
entertainment shall be permitted on an outdoor patio.
(f)
PARKING
Parking spaces shall be required for the gross floor area associated with
the outdoor patio at the same ratio as restaurants.
PARKING REGULATIONS
(a)
PARKING SPACES REQUIRED
(i)
Need to Provide
Except as otherwise provided herein, the owner or occupant of any
lot, building or structure used or erected for any of the purposes set
forth in Clause (b) and Clause (c) of this Subsection, shall provide
and maintain, for the sole use of the owner, occupant or other
persons entering upon or making use of the said lot, building or
structure from time to time, one or more parking spaces in
accordance with the provisions of this Subsection.
(ii)
Parking for People with a Disability
In addition to the parking spaces required by Section 3(19)(b) and
3(19)(c) the parking for all uses except a single detached dwelling,
duplex, triplex, converted dwelling and street rowhouse and street
town homes shall require the following:
By-Law 110-01, March, 2015
3-18
SECTION
PROVISIONS
Number of3Parking Spaces Required Minimum Number ofGENERAL
Spaces Required
for
People with a Disability
1-24
1
25-49
2
50-74
3
74-99
4
(iii)
•
In addition to the above, one (1) additional space out of each
additional one hundred (100) spaces or portion thereof, shall
be provided.
•
Parking spaces for persons with a disability shall have a total
minimum width of 4.2 metres (13.77 feet). This dimension
shall include a 2.8 metre (9.18 feet) parking area and a 1.4
metre (4.6 feet) yellow striped buffer area which will include
a depressed curb. The minimum length for a parking space
shall be 5.5 metres (18.04 feet).
Exceptions to Commercial Core - C1
Notwithstanding the requirements of Sections 3(19)(b) and 3(19)(c),
no parking spaces shall be required for any building or structure or
use located within a C1 Zone on Grand River Street North between
the Nith River and Charlotte Street in Paris, or on Main Street
South between Beverly Street and Hawk Street in St. George, or on
King Street between Alexander Street and Park Avenue in Burford,
or on Simcoe Street or Elgin Street in Scotland, or on Oakland
Street in Oakland.
By-Law 110-01, March, 2015
3-19
SECTION 3
(b)
GENERAL PROVISIONS
PARKING SPACE
(MINIMUM)
REQUIREMENTS
FOR
RESIDENTIAL
Apartment Building
1 per unit
Boarding Dwelling
See Lodging House
Boarding House
Converted Dwelling
Duplex Dwelling
Dwelling- second unit
See Lodging House
1 per unit
1 per unit
1 per unit
By-Law 110-01, March, 2015
USES
3-20
SECTION 3
GENERAL PROVISIONS
Fourplex Dwelling
Group Home
1.5 per unit
2 spaces
Lodging House
0.33 per unit
Mobile Home
1 per unit
Modular Dwelling
1 per unit
Multiple Dwelling
1 per unit
Rooming Dwelling
See Lodging House
Rooming House
Rowhouse Dwelling
1 per unit
Semi-Detached Dwelling
2 per unit
Single Detached Dwelling
2 per unit
Single Dwelling
2 per unit
Special Needs Apartment Building
0.25 per unit
Split Level Dwelling
2 per unit
Street Rowhouse Dwelling
2 per unit
Triplex Dwelling
(c)
See Lodging House
1 per unit
PARKING SPACE REQUIREMENTS FOR NON-RESIDENTIAL USES
(MINIMUM)
Agricultural Equipment Sales and Service Establishment
1 per 30 m² (323 sq. ft.)
Agricultural Service and Supply Establishment
1 per 30 m² (323 sq. ft.) for retail
showroom, plus
1 per 200 m² (2,153 sq. ft.) for
warehousing/ wholesaling
By-Law 110-01, March, 2015
3-21
SECTION 3
GENERAL PROVISIONS
Amusement Game Establishment 1 per 25 m² (269 sq. ft.)
Animal Hospital
See Veterinary Clinic
Arena (No Seats)
1 per 35 m² (376 sq. ft.)
Arena (With Seats/benches)
1 per 8 seats
Art Gallery
1 per 50² (538 sq. ft.)
Assembly Hall
1 per 8 seats or per
35 m² (376 sq. ft.) whichever is greater
Auction Establishment
Auditorium
1 per 30 m² (323 sq. ft.)
1 per 8 seats
Automobile Rental Establishment 1 per 25 m² (269 sq. ft.)
Automobile Sales & Service Establishment
Rental Establishment
Automobile Service Station
See
Vehicle
&
6 per bay
Automobile Supply Store
1 per 25 m² (269 sq. ft.)
Bake Shop
1 per 25 m² (269 sq. ft.)
Bakery
Banquet Hall
Sales
1 per 100 m² (1,076 sq. ft.)
See Assembly Hall
Bed and Breakfast Establishment 1 per room rented in addition to those
required for the dwelling unit
Body Shop
1 per 30 m² (323 sq. ft.)
Bowling Alley
Establishment
See
Commercial
Recreation
Building or Contracting Establishment
See Manufacturing Establishment
Building Supply Outlet
retail/showroom plus
1 per 30 m² (323 sq. ft.) for
By-Law 110-01, March, 2015
3-22
SECTION 3
Bulk Sales Establishment
GENERAL PROVISIONS
1 per 200 m² (2,153 sq. ft.) for
warehousing/ wholesaling
1 per 30 m² (323 sq. ft.)
Business Service Establishment
1 per 50 m² (538 sq. ft.)
Car Wash
3 spaces
Catalogue Store
See Retail Store
Caterer's Establishment
1 per 200 m² (2,153 sq. ft.)
Chronic Care Facility
See Nursing Home
Church
See Place of Worship
Cinema
See Auditorium
Clinic and Outpatient Clinic
1 per 20 m² (215 sq. ft.)
Commercial Outdoor Recreation Facility 1 per 1000 m² (10,764 sq. ft.)
Commercial Recreation Establishment 1 per 30 m² (323 sq. ft.)
Commercial School
See School
Commercial Storage Unit
See Warehouse, Public Self Storage
Community Centre
1 per 8 seats or 1 per 35
m² (376 sq. ft.) whichever is greater
Continuum-of-Care Facility
Proportioned
See
Convenience Store
1 per 25 m² (269 sq. ft.)
Data Processing Establishment
Day Care
Driving Range (Golf)
Drug Store
Appropriate
Components
1 per 40 m² (430 sq. ft.)
1 per 40 m² (430 sq. ft.)
1.5 per tee
See Pharmacy
By-Law 110-01, March, 2015
as
3-23
SECTION 3
GENERAL PROVISIONS
Dry Cleaning and Laundry Depot 1 per 25 m² (269 sq. ft.)
Dry Cleaning and Laundry Plant
1 per 200 m² (2,153 sq. ft.)
Dry Cleaning Establishment
1 per 50 m² (538 sq. ft.)
Duplicating Shop
1 per 25 m² (269 sq. ft.)
Electrical & Electronic Products Industry See Manufacturing Establishment
Emergency Care Establishment
1 per 40 m² (430 sq. ft.)
Film Processing Depot
1 per 25 m² (269 sq. ft.)
Financial Institution
1 per 30 m² (323 sq. ft.)
Fire Station
1 per 1.5 employees
Florist Shop
See Retail Store
Food Store
1 per 25 m² (269 sq. ft.)
Food, Tobacco & Beverage Processing See Manufacturing Establishment
Fraternity House
See Lodging House
Funeral Home
or 20 spaces
Greater of 1 per 20 m²(215 sq. ft.)
Gallery
See Art Gallery
Gas Bar
3 spaces
Golf Course
5 per tee
Grocery Store
See Food Store
Hardware Store
1 per 25 m² (269 sq. ft.)
Home and Auto Supply Store
1 per 25 m² (269 sq. ft.)
Home Appliance Store
1 per 30 m² (323 sq. ft.)
Home Decorating Store
1 per 30 m² (323 sq. ft.)
By-Law 110-01, March, 2015
3-24
SECTION 3
GENERAL PROVISIONS
Home Furnishings Store
Home Improvement Store
1 per 30 m² (323 sq. ft.)
1 per 30 m² (323 sq. ft.)
Homes for the Aged
See Rest Home
Hospital
1.25 per bed
Hotel
1.25 per unit
Kennel
1 per 25 m² (269 sq. ft.)
Laboratory
1 per 45 m² (484 sq. ft.)
Laundromat
1 per 25 m² (269 sq. ft.)
Library
1 per 50 m² (538 sq. ft.)
Liquor, Beer and Wine Store
1 per 25 m² (269 sq. ft.)
Manufacturing and Assembly
Manufacturing Establishment
1 per 100 m² (1,076 sq. ft.)
Marina (Transient)
1 per 10 slips
Marina (Seasonal)
Miniature Golf Course
1 per slip
1.5 per tee
Motel
1.25 per unit
Museum
1 per 50 m² (538 sq. ft.)
Music School
1 per 45 m² (484 sq. ft.)
Nursery and Garden Store
1 per 30 m² (323 sq. ft.)
Nursing Home
1 per 3 beds
Office, Business, General, Service, or Professional
sq. ft.)
Office, Medical/Dental
1 per 40 m² (430
1 per 20 m² (215 sq. ft.)
By-Law 110-01, March, 2015
3-25
SECTION 3
Office Supply Outlet
GENERAL PROVISIONS
See Retail Store
Office, Support
1 per 45 m² (484 sq. ft.)
Open Storage
1 per hectare (2.5 acres)
Paper and Allied Products Industry
Personal Service Shop
1 per 20 m² (215 sq. ft.)
Pharmaceutical and Medical
Products Industry
Pharmacy
1 per 25 m² (269 sq. ft.)
Place of Worship
1 per each 5 persons seating capacity
Police Station
Post Office
Printing Establishment
1 per 1.5 employees
1 per 30 m² (323 sq. ft.)
1 per 200 m² (2,153 sq. ft.)
Printing, Reproduction and
Data Processing Industry
Private Club
1 per 20 m² (215 sq. ft.)
Private Outdoor Recreation Club 1 per 700 m² (7,535 sq. ft.) of lot area
for the first 10 ha (25 ac.), plus 1 per
5000 m² (53,820 sq. ft.) of lot area over
10 ha (25 ac.)
Processed Goods Industry
Public Hall
See Assembly Hall
Public Recreation Facility
See Community Centre
Public Use
1 per 45 m² (484 sq. ft.)
Public Utility
See Public Use
Raw Materials Processing
By-Law 110-01, March, 2015
3-26
SECTION 3
GENERAL PROVISIONS
Recreational Establishment
1 per 20 m² (215 sq. ft.)
Repair and Rental Establishment 1 per 20 m² (215 sq. ft.)
Research and Development Establishment
Establishment
Resource Extraction Operation
Rest Home
See
Manufacturing
2 spaces
1 per 3 beds
Restaurant, Eat-In and Outdoor Patio
1 per 15 m² (161 sq. ft.)
Restaurant, Fast-Food, Drive-Through, & Take-Out
sq. ft.)
1 per 10 m² (107
Restricted Manufacturing and Assembly See Manufacturing Establishment
Retail Store
1 per 25 m² (269 sq. ft.)
Retirement Lodge
1 per 3 beds
School, Commercial
1 per 45 m² (484 sq. ft.)
School, Elementary
Private)
3 plus 1 per classroom (Public or
School, Post Secondary
per 15 students
School, Secondary
1 per 100 m² (1,076 sq. ft.) plus 1
3 per classroom (Public or Private)
Service and Repair Establishment
1 per 25 m² (269 sq. ft.)
Service Shop
1 per 25 m² (269 sq. ft.)
Shopping Centre
1 per 30 m² (323 sq. ft.)
(Greater than 2000 m² and with 4 or
more Gross Leasable Floor Area
individual business establishments)
Shopping Centre (less than 2000 m²)
Stadium
1 per 25 m² (269 sq. ft.)
See Auditorium
By-Law 110-01, March, 2015
3-27
SECTION 3
GENERAL PROVISIONS
Storage Depot
Studio
See Warehousing
1 per 45 m² (484 sq. ft.)
Supermarket
See Food Store
Tavern
Taxi Establishment
1 per 6 m² (65 sq. ft.)
1 per 6 m² (65 sq. ft.)
Tennis Court
Textile Processing
Theatre
2 per court
See Auditorium
Transport Terminal
1 per 100 m² (1,076 sq. ft.)
Variety Store
See Convenience Store
Vehicle Repair Garage
6 per bay
Vehicle Sales and Rental Establishment 1 per 100 m² (1,076 sq. ft.)
Veterinary Clinic
(d)
1 per 45 m² (484 sq. ft.)
Video Rental Establishment
1 per 25 m² (269 sq. ft.)
Warehouse, Public Self Storage
1 per 200 m² (2,153 sq. ft.)
Warehousing
1 per 200 m² (2,153 sq. ft.)
Wholesale Establishment
1 per 150 m² (1,614 sq. ft.)
CALCULATION OF PARKING REQUIREMENTS
(i)
Where a part of a parking space is required in accordance with this
By-Law for a use listed in Clause (b) or Clause (c) of this
Subsection, such part shall be considered one (1) parking space for
the purpose of calculating the total parking requirements for the
said use.
(ii)
Where a building, structure or lot accommodates more than one
type of use as set out in Clause (b) or Clause (c) of this Subsection,
the total parking space requirement for such building, structure or
By-Law 110-01, March, 2015
3-28
SECTION 3
(iii)
(e)
GENERAL PROVISIONS
lot shall be the sum of the requirements for the separate uses
thereof.
Parking spaces required in accordance with this By-Law shall not
include any parking space used or intended to be used primarily for
the storage or parking of vehicles for hire or gain, display or sale.
PARKING SPACE DIMENSIONS
A parking space required hereby shall have minimum rectangular
dimensions of 2.8 metres by 5.5 metres (9.1 ft. X 18 ft.), except that:
(i)
(ii)
the minimum width of a parking space accessory to a single
dwelling shall be 2.5 metres (8.2 ft.); and
where the principal access to a parking space is provided on the
longest dimension of such parking space, the minimum dimensions
of the said parking space shall be 2.5 metres by 6.7 metres (8.2 ft.
X 21.98 ft.).
(f)
LOCATION OF PARKING AREAS
With the exception of the Commercial Zones, all required parking spaces
shall be provided on the same lot occupied by the building, structure or
use for which such parking spaces are required, and shall not form a part
of any street or lane. Within the Commercial Zones, the required parking
spaces may be supplied within 90 metres (288 ft.) of the main pedestrian
access of the building, structure or use for which the parking spaces are
required, provided a Site Plan Agreement is registered on title of the lands
used for parking committing said parking spaces to the related commercial
site, or shall be provided by way of a cash-in-lieu of parking agreement as
per Section 40 of the Planning Act, R.S.O. 1990, c.P.13.
(g)
YARDS WHERE PERMITTED
Notwithstanding the yard and setback provisions of this By-Law to the
contrary, uncovered surface parking areas shall be permitted in the
required yards or in the area between the required road allowance and the
required setback as follows:
Zone
Yard in Which Required Parking Area Permitted
Commercial, Institutional
All yards provided that no part of any parking area,
other than a driveway, is located closer than 3 metres
(9.8 ft.) to any street line, except in the C1 Zones or
the RO Zones where parking shall not be permitted in
the front yard
Residential:
By-Law 110-01, March, 2015
3-29
SECTION 3
(a)
Industrial
GENERAL PROVISIONS
the side yard and rear yard, except for a side
yard immediately adjacent to a street, provided
that no part of any parking area is located
closer than one metre (3.3 ft.) to any street
line; and
(b)
Driveways in the front yard or driveways in the
side yard immediately adjacent to a street that
lead directly to a garage, a carport, or a
parking space in an interior side yard.
(c)
For multiple dwellings, handicap parking
required by Section 3(19)(a)(ii) may locate in a
front yard but no closer than one metre (3.3 ft.)
to any lot line.
All yards provided that no part of any
parking area, other than a driveway, is located closer
than one metre (3.3 ft.) to any street line.
(h)
PARKING STRUCTURES
Where a parking area located in a structure is accessory to a permitted
use on a lot, then such structure shall conform to all the provisions for
accessory uses set out in Subsection (1) of this Section.
(i)
ACCESS TO PARKING AREAS AND SPACES
(i)
Access to parking areas shall be provided from an improved street
by means of one or more unobstructed driveways at least 3 metres
(9.8 ft.) and not more than 6 metres (19.68 ft.) in width for a
driveway accessory to a single dwelling and not more than 10
metres (32.8 ft.) in width for any other driveway, measured parallel
to the said street, at any point on the lot closer to the said street
than the street setback required therefrom. A driveway, that is
altered to accommodate parking for a dwelling- second unit, shall
not be wider, at any point, than 45% of the lot width measure at the
street line. Provided further that no lot shall have more than 1
driveway per lot with additional driveways being allocated at the
sole discretion of the Municipality as outlined in By-Law 176-99, as
amended from time to time.
(ii)
Driveways and parking aisles shall have a minimum unobstructed
width of 6 metres (19.68 ft.) where two-way traffic is permitted and
3 metres (9.8 ft.) where only one-way direction of traffic flow is
By-Law 110-01, March, 2015
3-30
SECTION 3
GENERAL PROVISIONS
permitted and is clearly indicated by signs, pavement markings or
both, except that the minimum width required for any driveway
accessory to a single dwelling shall be 2.5 metres (8.2 ft.).
(iii)
Each required parking space shall be readily accessible at all times
for the parking or removal of a vehicle and vehicular access to any
such parking space shall be not impeded by any obstruction.
Except as denoted in Paragraph (iv) of this Clause, this provision
shall not apply to prevent the use as a parking space of any part of
a driveway accessory to a single dwelling, provided that no parking
space shall obstruct access to a parking area on any other lot.
(iv)
Nothing in this By-Law shall prevent the obstruction of a driveway
by a gate, a well identified recognizable temporary barrier or similar
obstruction used solely to restrict access to the said driveway and
designed to be easily raised, swung aside or otherwise opened or
removed when necessary to permit passage of a vehicle.
(v)
The minimum angle of intersection between a driveway and a street
line shall be 60 degrees.
(vi)
Any driveways or parking aisles located within a required yard on a
lot containing a mobile home park shall be separated from all
interior lot lines or such lot by a planting strip not less than 1.5
metres (4.92 ft.) in width.
(vii)
The minimum distance between a point of intersection of street
lines, such point of intersection being determined in the manner set
out in Section 2 Definitions for a sight triangle and Section 3(22)
and a driveway providing access to a lot from an improved street,
measured along the street line intersected by such driveway, shall
be 9 metres.
(viii)
Where a two-way driveway is divided into two one-way driveways
by a curb, an area of landscaped open space or any other
obstruction, such driveway shall, for the purpose of this Subsection,
be considered a single driveway, albeit divided, provided that such
driveway does not exceed 10 metres (32.8 ft.) in total width,
measured in accordance with Paragraph (i) of this Clause.
(ix)
Nothing in this Subsection shall apply to prevent the use of a rightof-way as a means of obtaining access to a parking area, provided
the said right-of-way has been specifically established for such
purpose, or to prevent the establishment of abutting driveways or
By-Law 110-01, March, 2015
3-31
SECTION 3
(j)
GENERAL PROVISIONS
parking aisles along a common lot line, provided the combined
width of any abutting driveways does not exceed 10 metres (32.8
ft.) measured in accordance with Paragraph (i) of this Clause.
SURFACE AND DRAINAGE OF PARKING AREAS AND DRIVEWAYS
(i)
All parking areas and driveways shall be provided and maintained
with a stable surface, treated so as to prevent the raising of dust or
loose particles, using such surfacing materials as any asphalt,
concrete or other hard-surfaced material. In the Heavy and
Extractive Industrial Zones, Agricultural Zone and Residential
Zones except R4 or R5, crushed stone or gravel may be used.
(ii)
All parking areas and driveways shall be drained so as to prevent
the pooling of surface water or the flow of surface water onto
adjacent lots or streets, unless specifically designed for stormwater
management.
(iii)
The access point to parking areas shall be clearly defined by a curb
of concrete or rolled asphalt.
(k)
ADDITION TO EXISTING USE
Where a building or structure has insufficient parking spaces on the date
of passing of this By-Law to conform to the requirements herein, this ByLaw shall not be interpreted to require that the deficiency be made up prior
to the construction of any addition or a change of use provided, however,
that any additional parking spaces required by this By-Law for such
addition or change of use are provided in accordance with all provisions
thereof respecting parking spaces and parking areas.
(l)
OTHER PARKING REGULATIONS
(i)
Nothing in this By-Law shall prevent the erection of a shelter for use
solely by parking attendants or security personnel in any part of a
parking area, except within a sight triangle, provided such shelter is
not more than 4.5 metres (14.76 ft.) in height and has a floor area
of not more than 5 square metres (53.82 sq. ft.).
(ii)
No gasoline retail outlet or automobile service station shall be
located or maintained on any parking area except where
specifically permitted by this By-Law.
(iii)
No recreational vehicle, trailer, or boat shall be stored in any part of
a front yard, exterior side yard or a required interior side yard on a
By-Law 110-01, March, 2015
3-32
SECTION 3
GENERAL PROVISIONS
lot in a Residential Zone or in any part of a side yard on a lot in any
zone other than a Residential Zone, except that this provision shall
not apply to prevent the temporary parking of a trailer or boat on a
permitted parking area. Temporary parking of a recreational
vehicle, trailer or boat shall be restricted to seven consecutive days
between May 1 and September 30. Parking of motor vehicles other
than those specified above shall be permitted in the front yard on
that portion of the lot that is the driveway providing access to an
attached or detached private garage or any approved unenclosed
parking space within a side or rear yard.
(iv)
No commercial vehicle, or motorized construction equipment shall
be permitted to be parked or stored on any part of a lot in a R1,
R1A, R1B, R2, RH, R2A, R3, R4, R5, RO, RMH, or RT zone.
(v)
No commercial vehicle, shall be permitted to be parked or stored on
any part of a lot in a VR, VR1, ER, ER1 or ER2 zone, where the lot
area is less than 5,000 square metres.
(vi)
The number of commercial vehicles permitted to be parked or
stored on any part of a lot in a VR, VR1, ER, ER1 or ER2 zone,
shall not exceed one (1).
(vii)
No commercial vehicle shall be permitted to be parked or stored in
a front yard, an exterior side yard, or closer than 3 metres to any
property line on a lot in a VR, VR1, ER, ER1 or ER2 zone.
(viii)
No commercial vehicle shall be permitted to idle or operate in a way
that causes it to be a nuisance for any reason, including but not
limited to noise, dust, or emissions, on any part of a lot in a VR,
VR1, ER, ER1 or ER2 zone.
(ix)
No motorized construction equipment shall be permitted to be
parked or stored on any part of a lot in a VR, VR1, ER, ER1 or ER2
zone
(x)
Nothing in this By-Law shall prevent the parking of a commercial
vehicle or motorized construction equipment on any part of a lot on
in a R1, R1A, R1B, R2, RH, R2A, R3, R4, R5, RO, RMH, RT, VR,
VR1, ER, ER1 or ER2 a temporary basis for the immediate purpose
of making deliveries or otherwise providing services to that lot.
(xi)
Required parking for a dwelling- second unit must be provided on
the same lot as the unit and must function at all times
By-Law 110-01, March, 2015
3-33
SECTION 3
(20)
REDUCTION OF LOT AREA
(a)
PROHIBITION
No person shall reduce the lot area, or make any changes in the
dimensions of a lot by the conveyance or alienation of any portion thereof
or otherwise, except by a conveyance in accordance with Clause (b) of
this Subsection, so that any building or structure on such lot shall have a
lot coverage that exceeds, or a front yard depth, side yard depth, rear yard
depth, lot frontage, lot area or area of landscaped open space that is less
than that permitted by this By-Law for the zone in which such lot is
located.
(b)
(21)
GENERAL PROVISIONS
independently of the parking for the main dwelling unit and cannot
be in tandem with the required parking for the main unit.
LOTS REDUCED BY PUBLIC ACQUISITION
Where the area of a lot is reduced by means of an acquisition of part of
the lot by a public agency for the purpose of providing a public service,
and where such acquisition causes the lot as reduced, or any building or
structure existing lawfully on the lot on the date of such acquisition, to
have a lot area, lot frontage, lot coverage, area of landscaped open space,
setback, front yard depth, side yard depth or rear yard depth that does not
conform to the requirements hereof for the zone in which such lot is
located, then nothing in this By-Law shall apply to prevent the continued
use of the lot as reduced as if no such acquisition had taken place,
provided that:
(i)
no change is made in the dimensions, area or any other
characteristics of the lot as reduced, subsequent to the date of such
acquisition, that would increase the extent of the said
nonconformity; and
(ii)
no building or structure or addition thereto is erected on the lot as
reduced, subsequent to the date of such acquisition, except in
accordance with all the provisions hereof for the zone in which such
lot is located.
SETBACKS
(a)
SPECIAL SETBACK FOR SELECTED ROADS
Notwithstanding any other provisions of this By-Law, where a building or
structure is located adjacent to a selected road listed below, setbacks
shall be provided and maintained for each road as listed below or the front
yard depth provision of the appropriate zone, whichever is the greater.
Road
Location
By-Law 110-01, March, 2015
Setback
3-34
SECTION 3
GENERAL PROVISIONS
Grand River
Street North
Paris Settlement Area, from
Charlotte Street to the Nith River
No Minimum
Grand River
Street South
Paris Settlement Area, from the Nith No Minimum
River to Dumfries Street
King Street
Burford Settlement Area, from
Alexander Street to Park Avenue
No Minimum
Main Street South
St. George Settlement Area,
Beverly Street to Victor Blvd. North
No Minimum
Notwithstanding any yard or setback provisions of this By-Law to the
contrary, except as outlined above and as provided in Section 21(b) no
part of any building or structure erected hereafter shall be closer than 26
metres (85.3 ft.) to the centreline of a County Highway and, where a
municipal drain running parallel to the direction of the road lies within the
road allowance or adjacent to it, the building setback shall be 34 metres
(111.55 ft.) from the said road centreline on the side containing the
municipal drain.
For all other streets within the Corporation, the front yard depth provision
of the zone shall apply.
(b)
EXEMPTION IN BUILT-UP AREAS
The minimum setback required for a lot that is situated between two
adjacent lots on which are located existing buildings not more than 90
metres (295.27 ft.) apart shall be the average of the established building
lines on the said adjacent lots, provided that no setback requirement
calculated in accordance with this Clause shall exceed the applicable
setbacks required by the appropriate zone provisions.
(c)
SETBACKS FROM INLAND WATERCOURSES AND MUNICIPAL
DRAINS
No part of any building or structure, other than a permeable fence, shall
hereafter be erected in any zone or defined area closer to an inland
watercourse or an open municipal drain than 6 metres (19.68 ft.) plus the
depth of the watercourse or drain to a maximum of 15 metres (49.2 ft.),
from the top of bank, measured horizontally along a line perpendicular to a
line drawn along the top of bank, or in the case where a drain may be
covered, the minimum setback shall be 6 metres (19.68 ft.) from the
centreline of the drain, except in Residential Zones where the minimum
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SECTION 3
GENERAL PROVISIONS
setback shall be 1.5 metres (4.92 ft.) from a covered drain for accessory
buildings or structures.
(22)
SIGHT TRIANGLES/DAYLIGHT CORNERS
(a)
PROHIBITION OF OBSTRUCTIONS
Notwithstanding any other provisions hereof to the contrary, within any
area defined herein as a sight triangle, no building or structure shall be
erected, no vehicle shall be parked, no land shall be graded and no
landscaping materials shall be permitted to grow more than the height of
0.6 metre (1.97 ft.) above the elevation of the centreline of the said street,
in such manner as to impede or obstruct the vision of persons driving
vehicles on an abutting street.
(b)
EXTENT OF SIGHT TRIANGLES
For the purpose of calculating the extent of a sight triangle, the distance
between the point of intersection of two lot lines and their respective points
of intersection with the line constituting the third side of the triangle shall
be 6 metres (19.68 ft.); 23 metres (75.46 ft.) where a street intersects a
railway right-of-way at grade in an area with speed limits of 50 kilometres
per hour (31 mph) or less; and 50 metres (164 ft.) where a street
intersects a railway right of way at grade in an area with speed limits
greater than 50 kilometres per hour (31 mph), or such greater distance as
may be required from time to time by the Canadian Transportation
Commission.
(23)
SPECIAL POLICY AREA
Certain portions of the Paris Settlement Area are located within the flood plain of
the Grand River and the Nith River and have been recognized as a Special
Policy Area by the use of the symbol “s” in addition to the applicable Zone. Land
designated in this manner shall be subject to all of the regulations and
requirements of the Zone following the symbol “s” as well as the following
requirements. In addition, there are lands that have been identified as having
unstable steep slopes by the Grand River Conservation Authority. These lands
are subject to the regulations and requirements of the zone following the symbol
“ss”. If there is a conflict between the two regulations the following shall apply.
(a)
PROHIBITED USES
Notwithstanding any uses permitted by the underlying Zone for either
residential or non residential land uses, the following uses shall be
prohibited - no person shall erect, alter or use any lot, building or structure
for any of the following purposes:
(i)
(ii)
(iii)
automobile service station;
group home type I or II;
hospital;
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SECTION 3
GENERAL PROVISIONS
(iv)
(v)
(vi)
(vii)
nursing home;
senior citizen apartment building;
essential emergency services;
disposal, manufacture, treatment
substances.
or
storage
of
hazardous
(b)
ADDITIONAL REQUIREMENTS FOR RESIDENTIAL USES
Additions and alterations up to fifty percent (50%) of the gross floor area of
existing residential buildings and structures shall be permitted provided
the regulations of the applicable zone can be met and that the new
habitable floor space is constructed no lower than the existing habitable
floor space and flood proofed to the existing floor and/or opening elevation
where feasible. Furthermore, the development and redevelopment of nonresidential buildings and structures shall be permitted where flood proofing
to the Regulatory Flood Level can be achieved.
(c)
LANDS LOCATED EAST OF THE GRAND RIVER
(d)
(i)
New Residential Development
In the area located to the east of the Grand River referred to as the
Flats, new residential development shall be permitted provided the
regulations of the applicable zone can be met and that the
habitable floor space is located at the minimum elevation equal to
the Regulatory Flood and that the structure is flood proofed to the
Regulatory Flood Level.
(ii)
Conversions, Renovations, and Redevelopment
Conversion of existing buildings and structures to residential uses
and major renovations and redevelopment of existing residential
buildings and structures shall be permitted provided the regulations
of the applicable zone can be met and that the habitable floor
space of any residential dwelling unit is located at the minimum
elevation equal to the 100-Year Flood and that the structure is flood
proofed to the Regulatory Flood Level.
LANDS LOCATED WEST OF THE GRAND RIVER
On lands located to the west of the Grand River, referred to as the
Downtown, the construction of new residential units above existing nonresidential uses, the conversion of non-residential buildings and structures
to residential, and the development of new residential or redevelopment of
existing residential buildings and structures shall be permitted provided
the regulations of the applicable zone can be met and that the habitable
floor space of any residential dwelling unit is located at the minimum
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SECTION 3
(e)
(24)
GENERAL PROVISIONS
elevation equal to the 100-Year Flood and that the structure is flood
proofed to the Regulatory Flood Level.
LANDS LOCATED ADJACENT TO THE GRAND RIVER
On lands located adjacent to the Grand River where the Conservation
Authority has identified unstable steep slopes (recognized by the symbol
“ss”), geotechnical studies by a qualified engineer must be prepared prior
to any building permit being issued. Provisions for additional lands
containing steep slopes are included in Section 33 of this By-Law.
SWIMMING POOLS
(a)
PRIVATE OPEN SWIMMING POOLS
Notwithstanding any other provision of this By-Law to the contrary, the
following provisions shall apply with respect to the erection or use of any
private open swimming pool not enclosed or otherwise located within a
building:
(i)
No private open swimming pools or related structures shall be
permitted anywhere within the zoned area except:
1. in an interior side yard or rear yard on a lot containing a
permitted dwelling unit; or
2. in any yard other than a required yard on a lot containing a
permitted motel or private club.
(ii)
No interior wall surface of any open swimming pool, or any related
structure other than a fence, shall be located closer than 1.2 metres
(3.93 feet) to any lot line or closer to any street than the setback
required therefrom.
(iii)
No water circulating or treatment equipment such as pumps or
filters or any accessory building or structure containing such
equipment, shall be located closer than 3 metres (9.8 ft.) to any lot
line.
(iv)
No part of any open swimming pool shall be greater than 2 metres
(6.56 feet) in height, exclusive of related structures which shall not
exceed 4.5 metres (14.76 feet) in height.
(v)
All open swimming pools shall be enclosed in accordance with the
Corporation’s By-Law governing the erection and maintenance of
fences and gates around private outdoor open swimming pools.
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SECTION 3
(b)
(c)
(25)
GENERAL PROVISIONS
For the purpose of this Section of the By-Law, related structures include
hot tubs, saunas, pump houses and change rooms.
LOT COVERAGE EXEMPTION
Notwithstanding any other provisions of this By-Law to the contrary, no
open swimming pools or any related structures shall be considered part of
the lot coverage of a lot, but where a swimming pool is enclosed with a
building or where a structure appurtenant to a swimming pool constitutes a
building as defined herein, such building shall comply with any lot
coverage requirements set out herein for the zone in which such building
is located, but shall be exempt from the lot coverage requirements for
accessory uses set out in Section 3(1) hereof.
INDOOR SWIMMING POOLS
Any swimming pool located within a building as defined herein shall
comply with the provisions for accessory uses set out in Section 3(1)
hereof, where such swimming pool is located within an accessory building,
or with the zone requirements set out herein for the zone in which such
swimming pool is located, where such swimming pool is located within a
main building.
(d)
PUBLIC SWIMMING POOLS
Any public swimming pool and any related buildings or structures shall
comply with the zone requirements set out herein for the zone in which
such swimming pool is located.
(e)
COMPLIANCE WITH SWIMMING POOL BY-LAWS
All swimming pools shall comply with any By-Laws of the Corporation
specifically regulating swimming pools.
USES PERMITTED IN ALL ZONES
(a)
PUBLIC AND INSTITUTIONAL USES
Nothing in this By-Law shall apply to prevent or otherwise restrict in any
way any of the following:
(i)
the use of land for a street or a public right-of-way including any
installations, structures appurtenant thereto, or as a site for a public
memorial or ornamental structure including, but not so as to limit
the generality of the foregoing, a statue, a monument, a cenotaph
or a fountain;
(ii)
the installation or maintenance of a watermain, sanitary sewer
main, storm sewer main, pumping station, gas main, pipeline,
lighting fixture or overhead or underground electrical, cable
television, telegraph or telephone line or associated transformer,
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SECTION 3
GENERAL PROVISIONS
together with any installations or structures appurtenant thereto,
provided that any lot or structure so used shall be designed,
landscaped and maintained in general harmony with the
neighbouring uses; this section does not permit a communication or
transmission tower; or
(iii)
(b)
(26)
the use of any lot in any zone as a public park or for an existing
cemetery, an existing church or any existing public building,
structure or use, including, but not so as to limit the generality of the
foregoing, a public school, a municipal office building, a community
centre or other public auditorium, a public library and a public works
garage, in accordance with the General Provisions of this By-Law
set out in Section 3 hereof and with the Zone Requirements for
Institutional Zones set out in Section 32(3) hereof.
CONSTRUCTION USES
Nothing in this By-Law shall prevent the use of any part, other than a sight
triangle, of any lot in any zone for the erection of a legal temporary sign
not greater than 3 square metres (32.3 sq. ft.) in area, the excavation of
soil or earth or the erection or use of any temporary building or structure
where such sign, excavation, building or structure is directly incidental to,
and necessary for, construction work on the same lot or work relating to a
public utility or a street including, but not so as to limit the generality of the
foregoing, a construction trailer, a tool shed, or a scaffold, but only for so
long as such building or structure is necessary for the work in progress
and until the work is completed or abandoned, and only while a valid
building permit for the said construction remains in force, where applicable
and in accordance with the Corporation’s Sign By-Law.
USES RESTRICTED IN ALL ZONES
The following uses are prohibited throughout the zoned area, either alone or in
conjunction with other uses, unless specifically listed as a permitted use in a
specific zone:
(a)
the making or establishment of pits and quarries or the extraction of peat;
(b)
the tanning or storage of uncured hides or skins;
(c)
the boiling of blood, tripe, bones or soaps for commercial purposes;
(d)
the manufacturing of glue or fertilizers from dead animals or from human
or animal waste;
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SECTION 3
GENERAL PROVISIONS
(e)
an abattoir, livestock yard, livestock exchange, or dead stock depot,
except where specifically listed herein as a permitted use in a specific
zone;
(f)
the extracting of oil from fish;
(g)
a track for the driving, racing or testing of automobiles, motorcycles,
snowmobiles or any other motorized vehicles;
(h)
a salvage or scrap yard;
(i)
(j)
a disposal site for solid wastes;
the refining, storage or use in manufacturing of coal oil, rock oil, fuel oil,
natural gas, propane, burning fluids, naphtha, bensole, benzene, gasoline,
dynamite, dualin, nitroglycerine, gun powder, petroleum or any other
combustible, inflammable, volatile or otherwise dangerous liquids, gasses
or solid materials except where specifically permitted hereby or in
conjunction with a permitted industrial use. This provision shall not apply
to prevent the above ground storage of such substances by a farmer,
where such storage is incidental and accessory to an agricultural use, or
the use of natural gas, propane or fuel oil for domestic purposes, such as
heating and cooking, in conjunction with a residential use or for
commercial or industrial uses;
(k)
an occupied vehicle for human habitation other than a mobile home where
specifically permitted;
(l)
a campground, except as a temporary use within a public park, with the
approval of the Corporation;
(m)
an airport;
(n)
the keeping or raising of any livestock or poultry, including a kennel, on
any lot or in any building or structure except where agriculture is a
permitted use. This provision shall not prevent the keeping of up to three
of any type of household pets such as dogs, cats, gerbils, birds, etc.;
(o)
any use which causes the emission of corrosive gasses, toxic gasses or
radioactive gasses or, into any zone other than an Industrial Zone, of
electromagnetic fields, heat, glare, dust, dirt, fly ash or smoke, or which
does not comply with emission regulations as may be established from
time to time by the Province of Ontario, the Government of Canada, or any
agencies thereof;
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SECTION 3
GENERAL PROVISIONS
(p)
use any land or building, except those lands appropriately zoned for the
repair or servicing of any motor vehicle unless such motor vehicle is
owned by and registered in the name of an owner or occupant of such
land or building;
(q)
carry out any but minor repairs and servicing such as the changing of tires
or oil, outside of a garage or other suitable building, on any motor vehicle
within the Corporation, except on lands lawfully occupied and used for an
automotive use;
(r)
any establishment used as an adult entertainment parlour as defined in
this By-Law.
any form of the following:
underground transmission of oil, gasoline, or other petroleum liquid
products;
wood preserving and treating;
outdoor storage of road salt, or other de-icing materials and dumping of
salt-laden snow;
petroleum product, refining and manufacturing;
furniture and wood stripping and refinishing;
horticultural nurseries;
intensive livestock operations;
landfills;
chemical/biological laboratory;
chemical manufacturing/industrial areas;
electroplaters and metal fabricators;
facilities generating, treating or disposing hazardous wastes;
asphalt/concrete/tar plants;
automobile junk yards;
bulk fuel oil storage yards;
car washes;
cemeteries;
dry cleaning facilities;
gasoline service stations;
underground storage tanks.
(s)
−
−
−
−
−
−
−
−
−
−
−
−
−
−
−
−
−
−
−
−
(t)
(27)
Shipping containers in any zone unless specifically provided for within the
provisions of that zone.
YARD ENCROACHMENTS AND OBSTRUCTIONS PERMITTED
(a)
PROJECTION INTO REQUIRED YARDS
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SECTION 3
GENERAL PROVISIONS
No part of any required yard or required court shall be obstructed by any
building or structure or part thereof except one or more of the following:
(i)
accessory buildings or structures specifically permitted in a required
yard elsewhere in this By-Law;
(ii)
architectural adornments including, but not necessarily restricted to,
sills, belt courses, chimneys, bay windows, cornices, eaves,
gutters, parapets and pilasters, projecting not more than 0.5 metre
(1.64 ft.) into any required yard;
(iii)
roofless functional and ornamental structures including, but not
necessarily restricted to, drop awnings, clothes poles, ornamental
fountains, statues, monuments, picnic tables, benches, cenotaphs,
memorials, planters, garden trellises, fences, boundary and
retaining walls, hedgerows and legal signs projecting into any
required yard;
(iv)
stoops, sundecks, porches, verandas, balconies, balconies on top
of porches or verandas, uncovered terraces, and exterior steps
providing access between finished grade and either the basement
or the first storey of a building, where such structures project not
more than 1.5 metres (4.92 ft.) into a required front yard, a required
rear yard or a required exterior side yard;
(v)
unenclosed fire escapes which do not project more than 1.5 metres
(4.92 ft.) into a required rear yard or a required side yard;
(vi)
unenclosed ramps for people with a disability into any required
yard;
(vii)
underground structures such as basements or parking structures
into any required yard; and
(viii)
heat pumps, air conditioners, and/or air exchangers 1.5 metres (4.9
ft.) into any required yard provided the projection is no closer than
1.0 metres (3.0 ft.) to the lot line.
(ix)
cantilevered wall into the front and/or rear yards 0.7 metres (2 feet).
(x)
unenclosed fire escapes which do not project more than 1.5 metres
into a required rear yard or a required side yard, except in the case
of a dwelling- second unit.
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SECTION 3
GENERAL PROVISIONS
(b)
PROJECTION BEYOND LOT LINES
No part of any building or structure on a lot shall project beyond any lot
line or street line of such lot.
(c)
RAILWAY SPUR
Notwithstanding the yard and setback provisions of this By-Law to the
contrary, a railway spur shall be permitted within any required yard.
(28)
YARD REQUIREMENTS - EXTERIOR SIDE YARD CONDITION
Notwithstanding the minimum exterior side yard requirements of this By-Law,
when a corner lot is sited so that its rear lot line abuts an adjacent residential
interior side yard, the exterior side yard shall be subject to the regulations of a
front yard. When a corner lot is sited so that its rear lot line abuts an adjacent
rear lot line or a non-residential interior side yard, the exterior side yard shall be
subject to the regulations of an interior side yard.
(29)
YARD REQUIREMENT - SATELLITE DISHES
No satellite dish shall be located within the front yard or the required exterior side
yard.
(30)
YARD REQUIREMENT - AUTOMOTIVE USE
Where an automotive use is a permitted use, the front and exterior side yard
depth for fuel pumps, fuel pump island, gas bar kiosk, and dispenser canopy
shall be 3.0 metres (9.84 ft.).
(31)
WAYSIDE PITS
Wayside pits or wayside quarry to be used for temporary public road works shall
be permitted in any Agricultural or Industrial Zone. Portable Asphalt plants shall
also be permitted if a permit has been obtained from the Ministry of the
Environment is situated no closer than 400 metres (1312.3 ft.) to an existing
dwelling unit; and is only temporarily at the location.
By-Law 110-01, March, 2015
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SECTION 4
(1)
ZONES AND ZONE SYMBOLS
DIVISION INTO ZONES
For the purposes of this By-Law, all lands within the zoned area are divided into
zones and classified in accordance with Subsection (2) of this Section.
(2)
ZONE CLASSIFICATION
(a)
AGRICULTURAL ZONES
The following zone designations and symbols represent Agricultural
Zones:
(b)
(i)
Agricultural Zone
(ii)
Agricultural Restrictive Zone
A
AR
RESIDENTIAL ZONES
The following zone designations and symbols represent Residential
Zones:
(i)
Residential First Density Zone
(ii)
Residential Type 1A Zone
R1A
(iii)
Residential Type 1B Zone
R1B
(iv)
Village Residential Zone
VR
(v)
Village Residential Type 1 Zone
VR1
(vi)
Estate Residential Zone
ER
(vii)
Estate Residential Type 1 Zone
ER1
(viii)
Estate Residential Type 2 Zone
ER2
(ix)
Residential Heritage Zone
RH
(x)
Residential Second Density Zone
R2
(xi)
Residential Second Density Type 2 Zone
By-Law 110-01, March, 2015
R1
R2
4-2
SECTION 4
R3
(xii)
Residential Third Density Zone
(xiii)
Residential Multiple First Density Zone
R4
(xiv)
Residential Multiple Second Density Zone
R5
(xv)
Residential Office Zone
RO
(xvi)
Residential Mobile Home Park Zone
RMH
(xvii) Residential Trailer Park Zone
(c)
RT
COMMERCIAL ZONES
The following zone designations and symbols represent Commercial
Zones:
(d)
(i)
General Commercial Zone
C1
(ii)
Highway Commercial Zone
C2
(iii)
Neighbourhood Commercial Zone
C3
(iv)
Recreational Commercial Zone
C4
(v)
Rural Commercial
(vi)
Automotive Commercial
C5
C6
RECREATION ZONES
The following zone designations and symbols represent Recreation
Zones:
(e)
(i)
Open Space
OS
(ii)
Recreation Zone
RE
INSTITUTIONAL ZONES
The following zone designations and symbols represent Institutional
Zones:
(i)
Institutional Zone
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SECTION 4
(f)
ENVIRONMENTAL PROTECTION ZONES
The following zone designations and symbols represent Environmental
Protection Zones:
(g)
(i)
Environmental Protection Zone
EP
(ii)
Wetland Zone
W
INDUSTRIAL ZONES
The following zone designations and symbols represent Industrial Zones:
(3)
(i)
Light Industrial Zone
M1
(ii)
Special Industrial Zone
M2
(iii)
(iv)
Heavy Industrial Zone
Rural Industrial Zone
M3
M4
(v)
Disposal Industrial Zone
M5
(vi)
Extractive Industrial Zone
EX
ZONE SYMBOLS AND DESIGNATIONS
(a)
USE OF SYMBOLS AND DESIGNATIONS
The zone designations and symbols listed in Subsection (2) of this Section
may be used to refer to buildings and structures and to the uses of lots,
buildings and structures permitted by this By-Law in the said zones.
(b)
INTERPRETATION OF SYMBOLS AND DESIGNATIONS
Wherever in this By-Law and the word “zone” is used, preceded by any of
the said zone designations and symbols, such reference shall mean any
part of the zoned area delineated on Schedule “A” and designated thereon
by the said symbol.
(4)
ZONE PROVISIONS
(a)
USES PERMITTED AND ZONE REQUIREMENTS
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SECTION 4
(b)
For each zone listed in Subsection (2) of this Section, a separate section
of this By-Law sets out the uses permitted in, and the specific provisions
relating to, such zone under the headings “USES PERMITTED” and
“ZONE REQUIREMENTS”, respectively.
SCOPE OF ZONE REQUIREMENTS
Except as otherwise specifically provided herein, the specific zone
requirements set out herein for each zone shall apply to such zone in
addition to the general provisions set out in Section 3 hereof.
(c)
ZONE MEASUREMENTS ABBREVIATIONS
i.
ii.
iii.
iv.
v.
vi.
(5)
ac - acre; acres
ha - hectare; hectares
ft. - feet; foot
sq. ft.- square feet;
m - metre; metres
m² - square metres
SPECIAL PROVISION ZONES
Wherever a zone symbol on Schedule “A” hereto is followed by a dash and a
number, such as “R2-1”, the lands so designated shall be subject to, and used in
accordance with all the provisions of this By-Law applicable to the zone
represented by such symbol except as otherwise specifically provided by the
special provisions of the special zone set out in the applicable Special Provisions
section of the zone.
(6)
HOLDING “h” ZONES
(a)
USE OF SYMBOL
Where the symbol “h” appears on a zoning map as a prefix to a single
zone or a compound zone applying to certain lands, notwithstanding the
provisions of that zone or zones, unless this By-Law has been amended
by Council to remove the relevant “h” symbol, those lands shall not be
developed or used except in compliance with the provisions of the
applicable zone for existing uses, or for such other uses set out in the
relevant Holding Zone Provisions below. The relevant Holding Zone
Provisions are denoted by the number (if any) immediately following the
symbol “h” on the zoning map.
(b)
HOLDING ZONE PROVISIONS
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SECTION 4
(i)
h
Purpose: To ensure the orderly development of lands and
the adequate provision of municipal services, the “h” symbol shall
not be removed until a Subdivision Agreement or Development
Agreement is entered into for the subject lands in question with the
County of Brant.
Permitted Interim Uses: Existing Uses.
(ii)
h-1
Purpose:
To ensure that mitigating measures are
undertaken in areas located adjacent to transportation and utility
corridors, an Agreement shall be entered into with the County of
Brant, covering requirements for incorporating appropriate
attenuation measures into the design of the development, prior to
the removal of the “h” symbol.
Permitted Interim Uses: Existing Uses; any non-residential uses
permitted by the applicable zones.
(iii)
h-2
Purpose: To ensure that development will not have a
negative impact on an environmentally sensitive area, or natural
feature, an Agreement shall be entered into specifying any
necessary preventative measures, based on study(is) to the
satisfaction of the County of Brant, in consultation with the
appropriate Conservation Authority, conducted by qualified
professional(s) demonstrating that development in the form
proposed will not adversely affect the area or feature, prior to the
removal of the “h” symbol.
(iv)
(v)
h-3
Purpose:
To ensure that development takes a form
compatible with adjacent land uses, Agreements shall be entered
into with the County of Brant following a public site plan review
process specifying the issues allowed for under Section 41 of the
Planning Act, 1990, prior to the removal of the “h” symbol.
h-4
Purpose: To ensure that buildings and structures that have
been identified by the County as being historically significant and
that are being actively pursued for a designation under the Ontario
Heritage Act, R.S.O. 1990, are not negatively impacted by
development or redevelopment of the site or buildings, and to
ensure that the development or redevelopment is in a form
By-Law 110-01, March, 2015
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SECTION 4
compatible with the heritage buildings, the following conditions
must be satisfied prior to the removal of the holding provisions:
1. The site and/or building and/or portions thereof must be
designated under the Ontario Heritage Act, R.S.O. 1990, by the
County of Brant;
2. The site, buildings or portions thereof must be subject to an
easement or easements to provide for municipal services,
heritage preservation and conservation in favour of the County
of Brant and to the satisfaction of the County of Brant;
3. The affected lands will be subject to Site Plan Control under
Section 41 of the Planning Act, and a Development Agreement
must be entered into by the owner of the subject lands and the
County of Brant.
Permitted Interim Uses: Existing Uses, buildings and structures
as they legally existed at the date of adoption of this By-Law.
(vi)
h-5
Purpose: To ensure that development takes a form
compatible with adjacent land use, Area Plans shall be required
with public consultation in advance of Plans of Subdivision being
submitted for approval prior to the removal of the “h” symbol.
(vii)
h-6
Purpose: To ensure the orderly development of lands and
the adequate provision of mounicipal services.
a) The Holding Provision shall only be removed by an
amendment to this By-law.
b) The Applicant enters into an Agreement with the County
prior to removal of the Holding Provision to deal with issues
including but not limited to:
i. The Applicant posts securities with the County for the
road upgrades.
ii. The Applicant agrees to the entrance upgrades and
timing thereto that would be required prior to
commencement of any extraction works.
iii. The Applicant agrees to installation of a conveyor and
conveyor culvert under King Edward Street.
c) The Holding symbol shall not be removed until the Traffic
Impact Study is to the satisfaction of the County.
By-Law 110-01, March, 2015
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SECTION 4
(7)
Permitted interim uses: Existing Uses.
SPECIAL FLOOD PLAIN AND STEEP SLOPE REGULATIONS
Where the zone symbol designating certain lands as shown on Schedule “A” is
preceded by a small “s” or “ss” (for example, s-C1, or ss-C1), then special
requirements apply to such lands. Such special requirements will be found by
reference to Section 3(23) of this By-Law which deals with that particular symbol.
Lands designated in this manner shall be subject to all the restrictions of the
preceding zone symbol except as otherwise provided by the special
requirements.
(8)
COMPOUND ZONES AND MULTIPLE ZONES
(a)
COMPOUND ZONES
Notwithstanding any other provision of this By-Law, where two or more
zoning symbols divided by a “/” are shown on the zoning maps as applying
to a lot or as compounded by a Special Provision, that lot may be used
exclusively for any use permitted in any one of the zone included in the
compound zone symbol, or for any combination of uses permitted in any
of the zones included in the compound zone symbol, subject to the
following regulations:
(i)
The site development specifications prescribed in this By-Law for
the selected zone in the compound zone symbol in which the use is
permitted shall be observed in the development of the lands. In the
case of a conflict when selecting a combination of uses from two or
more zones, the more restrictive zone regulation applies.
(ii)
The parking and loading required by this By-Law for each of the
uses included in the development of the lands, whether for a single
use or a combination of uses, shall be provided.
There is a Special Policy Compound Zone within the Paris Settlement
Area where additional restrictions apply to the property that is noted with a
(S) in combination with a land use Zone. There are General Provisions,
Section 3(23), that apply to such lands.
(b)
MULTIPLE ZONES
(i)
Where a lot is divided into two or more zones, each such portion of
the said lot shall be considered a separate lot as defined herein and
shall be used in accordance with the provisions of this By-Law
By-Law 110-01, March, 2015
4-8
SECTION 4
which are applicable to the zone wherein such portion of the said
lot is located.
(ii)
(9)
Notwithstanding anything to the contrary in Paragraph (i) of this
Clause, where a use or uses are permitted by the zones applying to
two or more portions of the lot, those portions shall be considered
to constitute a single lot as defined herein and the highest or most
restrictive zone requirements pertaining to such use or uses in all
the pertinent zones shall apply throughout.
BONUS PROVISION
Notwithstanding the density and height provisions which apply to a lot, the
maximum permitted density and/or height may be increased in accordance with
the provisions set out in this Section on having entered into a Bonusing
Agreement with the County. Notwithstanding the gross floor area and parking
requirements of the By-Law, calculations of floor area and parking may be
altered in accordance with the provisions of this Section on entering into a
Bonusing Agreement with the County. The cumulative impact of utilizing this
Section shall not result in a density more than twenty-five percent (25%) greater
than the density permitted by the non-bonused site.
(a)
For structures designated under the Ontario Heritage Act, R.S.O. 1990, or
for structures and/or districts identified as historically significant by the
County of Brant, in consideration for their designation under The Ontario
Heritage Act, a twenty-five percent (25%) increase in density may be
granted. Increased density may be achieved through an increase in
height of not greater than fifty percent (50%) for Medium Density
Residential Zones and twenty-five percent (25%) of that allowed under the
By-Law for other zones, and/or increased coverage and/or reduced
setbacks.
(b)
For every 100 square metres (1,076 sq. ft.) of public open space which is
dedicated to the County (in excess of the required parkland dedication and
any undevelopable flood plain lands), the density of the residential
development may be increased by one unit per hectare up to twenty-five
percent (25%) of the total number of units that would otherwise be
permitted by this By-Law.
(c)
Where day care facilities are provided within commercial or mixed-use
buildings having a gross floor area greater than 1858.0 square metres
(20,000 sq.ft.), the floor area devoted to the day care facilities shall not be
included in the floor area ratio, the maximum gross or gross leaseable
By-Law 110-01, March, 2015
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SECTION 4
(d)
floor area permitted, or in the calculation of the parking requirements for
the building.
Notwithstanding the density and height provisions which apply to a lot
where a B (Bonus) Zone also applies to the lot, the maximum permitted
density and/or height and/or parking may be altered in accordance with
the provisions set out below on having entered into a Bonusing Agreement
with the County of Brant.
The number following the letter “B” on the Zone Maps indicates the
number of the applicable Bonus Zone provision set out below.
(i)
(10)
B.1
TEMPORARY USE ZONES
Where the zone symbol on Schedule “A” is preceded by a “T” and followed by a
date, such as T-A-1-8-1-2003, the “T” stands for a Temporary Zone as permitted
under Section 38 of the Planning Act, R.S.O. 1990, c.P.13. When the time
period specified within the zone has passed and if an extension has not been
granted by Council, the property reverts to the base zone. In the example given,
the A-1 stands for the use permitted (two dwellings on a lot), and the 8-1-2003
stands for when the zone will cease to be in effect, with the order of the numbers
being the month, the day, and the year. Once the temporary time period has
lapsed, the base zone would then apply. In the example, given the base zone
would be Agricultural (A) Zone.
By-Law 110-01, March, 2015
5-1
SECTION 5
(1)
AGRICULTURAL (A) ZONE
SCOPE
The provisions of this Section shall apply in all Agricultural (A) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
(2)
USES PERMITTED
No person shall within any Agricultural (A) Zone, use any lot or erect, alter or use
any building or structure for any purpose except for one or more of the following
A Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(3)
agricultural use, including a specialty farm subject to Section 5(3)(n);
an agricultural use, a livestock use and an intensive livestock agricultural
use, in all cases, subject to subsection 5(3)(j) of this By-Law;
single detached dwelling including a dwelling on an undersized lot in
accordance with Subsection 5(3)(i);
existing dwelling;
existing mobile home;
bed and breakfast establishment;
cemetery;
commercial greenhouse subject to Subsection 5(3)(l);
farm greenhouse subject to Subsection 5(3)(l);
farm production outlet, in accordance with Section 5(3)(n);
forestry uses excluding any establishments that either process forestry
products or sell processed forestry products such as lumber yards;
landing strip;
mobile home accessory to an agricultural use, subject to Subsection
5(3)(k);
new or expanding fish farm shall be subject to site specific zoning
regulations;
new or expanding mushroom operation shall be subject to site specific
zoning regulations;
public use;
rural home occupation, in accordance with Section 3(8);
tree farm;
wayside pit;
wildlife preserve;
works of a Conservation Authority;
use accessory to the foregoing permitted uses.
ZONE REQUIREMENTS
By-Law 110-01, March, 2015
5-2
SECTION 5
No person shall, within any Agricultural (A) Zone, use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
(a)
LOT AREA (MINIMUM)
30.0 ha
(b)
LOT FRONTAGE (MINIMUM)
150.0 m
(c)
FRONT YARD DEPTH (MINIMUM)
(i)
(ii)
(iii)
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
(i)
(ii)
(iii)
(e)
(ii)
(iii)
(ii)
(iii)
buildings and structures used for intensive livestock operation or a
mushroom operation
30.0 m
residential uses
10.0 m
all other uses
15.0 m
LOT COVERAGE (MAXIMUM)
(i)
(ii)
(iii)
(h)
mushroom operation
40.0 m
residential uses
15.0 m
all other uses
25.0 m
REAR YARD DEPTH (MINIMUM)
(i)
(g)
mushroom operation
30.0 m
residential uses
4.0 m
all other uses
15.0 m
EXTERIOR SIDE YARD WIDTH (MINIMUM)
(i)
(f)
mushroom operation
60.0 m
residential uses
15.0 m
all other uses
25.0 m
agricultural and accessory uses
greenhouses
40%
all other uses
30%
LANDSCAPED OPEN SPACE (MINIMUM)
By-Law 110-01, March, 2015
20%
30%
5-3
SECTION 5
(i)
Any area used for the tilling of soil, growing of crops or grazing of livestock
shall be considered as part of the landscaped open space requirement
when associated with an agricultural use.
UNDERSIZED LOTS
On an existing undersized lot complying with the conditions of Section
3(16)(c), or on a lot legally created subsequent to the passage of this ByLaw, a maximum of one single detached dwelling shall be permitted
whether or not it is accessory to a permitted agricultural use. Such
dwelling shall be located no closer than 300 metres (984.25 ft.) from any
livestock buildings and/or manure storage facility on any lot containing an
existing intensive agricultural use, and shall be subject to the following
requirements:
(i)
Front Yard Depth (Minimum)
10.0 m
(ii)
Interior Side Yard Width (Minimum)
4.0 m
(iii)
Exterior Side Yard Width (Minimum)
10.0 m
(iv)
Rear Yard Depth (Minimum)
10.0 m
(v)
Lot Coverage (maximum)
20%
All other relevant provisions of the A Zone shall apply.
(j)
LIVESTOCK FACILITY AGRICULTURAL USES
No livestock facility agricultural use shall be established and no building or
structure for such uses shall be erected or altered or expanded unless it
complies with the Minimum Separation (MDS II) calculation using
Schedule “C” to this By-Law.
(k)
MOBILE HOMES AS
AGRICULTURAL USE
SUPPLEMENTARY
HOUSING
TO
AN
No person shall use or permit the use of any mobile home or trailer for the
purposes of supplementary housing to an agricultural use on any lot in the
A Zone for the living, sleeping or eating accommodation except a
seasonal farm dwelling for temporary seasonal employees.
(l)
GREENHOUSE REGULATIONS
(i)
Notwithstanding the Minimum Lot Area regulation of Section 5(3)(a)
and the Maximum Lot Coverage regulation of Section 5(3)(g),
commercial greenhouses may have a minimum lot area of 2
hectares (4.94 acres) and a maximum lot coverage of forty percent
(40%).
By-Law 110-01, March, 2015
5-4
SECTION 5
(ii)
(m)
Where ventilation fans exhaust into a side and/or a rear yard the
minimum side and/or rear yard requirement shall be 25 metres
(82.02 ft.) minimum.
(iii)
A greenhouse or a commercial greenhouse having a gross floor
area greater than 500 square metres (5,382.13 sq. ft.) shall not be
permitted unless a development agreement has been entered into
with the County regarding stormwater management and lighting.
(iv)
All greenhouses that use artificial lighting for growing purposes
during the night shall be located a minimum distance of 150 metres
(492.13 ft.) from any residential use on an adjacent lot.
(v)
All greenhouses shall be located a minimum distance of 45 metres
(vi)
No manure, compost or equipment may be stored within 30 metres
(98.43 ft.) of a street allowance, or a watercourse, or a residential
use on an adjacent lot.
FARM PRODUCE SALES
Seasonal farm produce display for sale is restricted to a maximum of 95
square metres (1022.6 sq. ft.) including both floor area and outside display
and shall be set back from the front lot line 15 metres (49.2 ft.) for a
building or structure that is erected so not to be moved and 7.5 metres
(24.6 ft.) for a building or structure that is portable and removed at the end
of the growing season.
(n)
SPECIALTY FARM
Notwithstanding the minimum lot area regulations of Section 5(3)(a), a
specialty farm may have a minimum lot area of 10 hectares (24.7 acres).
A specialty farm is restricted to agricultural operators of specialty crops.
By-Law 110-01, March, 2015
5-5
SECTION 5
(o)
The provisions of section 3
(p)
SHIPPING CONTAINERS
(i)
(ii)
(iii)
(iv)
(v)
(4)
No person shall use or permit the use of any shipping container for the
purpose of supplementary housing to an agricultural use on any lot in
the A Zone or for the harboring of livestock.
Shipping containers are not permitted on a lot where the area is less
than 5,000 square metres.
All shipping containers must be contained within an interior side or rear
yard that does not abut a residential use.
The number of shipping containers to be located on a lot in the A Zone
shall not exceed one (1).
Any shipping container located on an agricultural property shall be in
accordance with the requirements of the A Zone.
SPECIAL PROVISIONS
The special regulations contained in the subsection shall apply to the area or
areas defined below:
(a)
A-1 (TWO DWELLING UNITS)
Notwithstanding the provisions of Section 5(2) of this By-Law to the
contrary, within any area zoned A-1 on Schedule “A” hereto, in addition to
the uses permitted in the Agricultural (A) Zone, a maximum of two single
detached dwelling units shall also be permitted. All other requirements of
the By-Law shall apply.
(b)
A-2 (COMMUNICATIONS TOWER)
the uses permitted in the Agricultural (A) Zone, a communications tower
shall also be permitted. All other requirements of the By-Law shall apply.
(c)
A-3 (ANTIQUE SALES)
the uses permitted in the Agricultural (A) Zone, the selling of antiques and
the refurbishing of furniture shall also be permitted. This activity shall be
confined to buildings and structures as they existed on the date of
passage of this By-Law. All other requirements of the By-Law shall apply.
By-Law 110-01, March, 2015
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SECTION 5
(d)
A-4 (CONTRACTOR’S YARD)
the uses permitted in the Agricultural (A) Zone, a contractor’s yard shall
also be permitted. All other requirements of the By-Law shall apply.
(e)
A-5 (STORAGE)
the uses permitted in the Agricultural (A) Zone, the storage and repair of
amusement rides and equipment limited to a maximum lot coverage of 30
percent shall also be permitted. All other requirements of the By-Law shall
apply.
(f)
A-6 (DENTAL CLINIC)
the uses permitted in the Agricultural (A) Zone, a dental clinic shall also be
permitted. All other requirements of the By-Law shall apply.
(g)
A-7 (FILM STUDIO)
the uses permitted in the Agricultural (A) Zone, a film studio and the
making and processing of films shall also be permitted. All other
requirements of the By-Law shall apply.
(h)
A-8 (KENNEL)
the uses permitted in the Agricultural (A) Zone, a kennel and/or a boarding
kennel with a maximum capacity of 30 dogs shall also be permitted. All
other requirements of the By-Law shall apply.
(i)
A-9 (DWELLING UNIT NOT PERMITTED)
Notwithstanding the provisions of Section 3(3)(d) of this By-Law to the
contrary, within any area zoned A-9 on Schedule “A” hereto, no dwelling
unit shall be permitted. All other requirements of the By-Law shall apply.
(j)
A-10 (LIVESTOCK NOT PERMITTED)
contrary, within any area zoned A-10 on Schedule “A” hereto, no livestock
shall be permitted. All other requirements of the By-Law shall apply.
By-Law 110-01, March, 2015
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SECTION 5
(k)
A-11 (REDUCED SEPARATION)
contrary, within any area zoned A-11 on Schedule “A” hereto, it is
recognized that the minimum distance separation has not been met. All
(l)
A-12 (PLAYGROUND INSTALLATION)
contrary, within any area zoned A-12 on Schedule “A” hereto, in addition
to the uses permitted in the Agricultural (A) Zone, a business involving the
installation of playground equipment and the retailing and installation of
industrial, residential and farm fencing shall also be permitted. All other
(m)
A-13 (THREE DETACHED DWELLINGS PERMITTED)
Notwithstanding the provisions of Section 3(3)(d) of this By-Law to the
to the uses permitted in the Agricultural (A) Zone, a maximum of three
single detached dwelling units shall also be permitted.
All other
(n)
A-14 (FLOORING)
to the uses permitted in the Agricultural (A) Zone, a business involving the
retail sales and installation of flooring from an existing accessory building
(o)
A-15 (LIVESTOCK UNIT LIMITS)
Notwithstanding the provisions of Section 5(2) and 5(3) of this By-Law to
the contrary, within any area zoned A-15 on Schedule “A” hereto, the
number of livestock units permitted shall be limited to 48.
The
warehousing and retailing of livestock feed not exceeding a gross floor
area of 112 square metres shall also be permitted. Furthermore, no
poultry uses are permitted. The setbacks between a livestock barn, a
feedlot area, and a manure storage facility shall be located a minimum of
90 metres to the nearest residence and have a minimum setback of 30
metres from any property line . All other requirements of the By-Law shall
apply.
(p)
A-16 (RIDING ARENA)
to the uses permitted by the Agricultural (A) Zone, a horse riding arena, a
By-Law 110-01, March, 2015
5-8
SECTION 5
riding academy and a horse training centre shall also be permitted. All
other requirements of the By-Law shall apply. (Map 32)
(q)
A-17 (TRADESMAN’S SHOP OR A SERVICE SHOP)
to the uses permitted in the Agricultural (A) Zone, a tradesman’s shop or a
service shop shall also be permitted. All other requirements of the By-Law
shall apply. (Map 27)
(r)
A-18 (LIVESTOCK SALES BARN)
to the uses permitted in the Agricultural (A) Zone, a livestock sales barn
(s)
A-19 (FEED AND/OR FLOUR MILL)
Notwithstanding any provision of this by-law to the contrary, within any
area zoned A-19 on Schedule “A” hereto, in addition to the uses permitted
in the Agricultural (A) zone, a feed and/or flour mill shall also be permitted
and the side yard requirement for all existing structures shall be 9.0
metres. All other requirements of the By-law shall apply. (Maps 53 & 69)
(t)
A-20 (MANUFACTURING FARM RELATED)
to the uses permitted in the Agricultural (A) Zone, a manufacturing and
fabrication plant for farm and construction related equipment as well as
bulk kilns, portable buildings and farm produce handling equipment and
related retail sales shall also be permitted. All other requirements of the
By-Law shall apply.
(u)
A-21 (MANUFACTURING METAL AND CONCRETE)
to the uses permitted in the Agricultural (A) Zone, the manufacture and
fabrication of metal and concrete products including a warehouse, an
outside storage area of 550 square metres, and a wholesale outlet and
business office accessory to a permitted use shall also be permitted. All
(v)
A-22 (ABATTOIR)
By-Law 110-01, March, 2015
5-9
SECTION 5
to the uses permitted in the Agricultural (A) Zone, an abattoir business
(w)
A-23 (LIVESTOCK LIMITS)
Notwithstanding the provisions of Section 5(2) and 5(3) or Section 3 of this
By-Law to the contrary, within any area zoned A-23 on Schedule “A”
hereto, the number of livestock units permitted is limited to eight.
Furthermore, the building or structure used for the raising/housing of
horses and/or cattle shall be setback a minimum of 10 metres from the
street line abutting County Road No. 4. All other requirements of the ByLaw shall apply.
(x)
A-24 (TRANSPORT/TRUCK TERMINAL)
to the uses permitted in the Agricultural (A) Zone, a truck transport
terminal or yard shall also be permitted. All other requirements of the ByLaw shall apply.
(y)
A-25 (FISH FARM)
to the uses permitted in the Agricultural (A) Zone, a fish farm shall also be
(z)
A-26 (SALVAGE YARD)
to the uses permitted in the Agricultural (A) Zone, a salvage yard shall
(aa)
A-27 (AUTOMOTIVE)
to the uses permitted in the Agricultural (A) zone, a vehicle repair garage
and vehicle sales establishment shall also be permitted. All repairs shall
be confined to the interior of existing buildings and the storage of vehicles
for sale shall be limited to a maximum of 6 vehicles. All other
(bb)
Notwithstanding the provisions of Sections 5(2) and 5(3) of this By-Law to
the contrary, within any area zoned A-28, a livestock use shall be
permitted provided that:
By-Law 110-01, March, 2015
5-10
SECTION 5
(i)
(ii)
(iii)
(iv)
(v)
(vi)
the livestock use is restricted to cattle and/or horses, and excludes
all other livestock and poultry uses;
the livestock use applies to the lands as well as to the buildings.
Any restrictions on the number of livestock apply to the lands as
well as to the buildings;
if the livestock use consists of any full grown cattle or horses, the
maximum number of cattle and/or horses to be accommodated on
the lands shall not exceed four (4). In other words, if one fully
grown cow is grazing and/or stabled on the property, the maximum
number of cattle and/or horses shall be four (4), even if the
remaining three (3) are calves and/or colts;
if the livestock use consists of young cattle and/or horses (i.e.
calves and/or colts which are less than one year old), then a
maximum of ten (10) calves and/or colts shall be recognized as a
permitted use on the property.
the minimum interior setbacks of the livestock barn from the
property lines shall be as follows:
• a minimum of ten (10) feet from the westerly property line;
• a minimum of twenty-five (25) feet from the rear property
line; and
the maximum floor area for any livestock barn shall be restricted to
the floor area that existed as of June 16, 1998.
(cc)
A-29 (SETBACK)
contrary, within any area zoned A-29 on Schedule “A” hereto the required
setback for single detached dwelling from the licensed pit shall be 15
metres. All other requirements of the By-Law shall apply.
(dd)
A-30 (CRAFT SHOP)
to the uses permitted in the Agricultural (A) Zone, a craft shop, fabricating
and retailing crafts and artwork having a maximum gross floor area of 70
square metres with an easterly side yard of 97 metres and a setback from
centreline of 27 metres shall also be permitted. All other requirements of
(ee)
A-31 (BUTCHER, TRADESMAN’S SHOP OR SERVICE SHOP)
to the uses permitted in the Agricultural (A) Zone, the fabrication of wood
products and a meat cutting shop/butcher shall also be permitted. The
By-Law 110-01, March, 2015
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SECTION 5
butcher shop is a building or part of a building in which animal meats can
be cut, sectioned and prepared for wholesale or retail purposes. The
slaughtering and killing of animals, however, are strictly prohibited on the
premises. All other requirements of the By-Law shall apply.
(ff)
A-32 (BOUTIQUE OR SPECIALTY-TYPE SHOP)
to the uses permitted in the Agricultural (A) Zone, a boutique or specialtytype shop and florist shop retailing flowers and gifts having a maximum
gross floor area of 180 square metres shall also be permitted. All other
(gg)
A-33 (PARKING OF VEHICLES)
to the uses permitted in the Agricultural (A) Zone, the parking, storage and
maintenance only of vehicles for a caterer’s establishment shall also be
(hh)
A-34 (AUTOMOBILE SPECIALTY PRODUCT)
to the uses permitted in the Agricultural (A) Zone, the automobile supply
store shall also be permitted. All other requirements of the By-Law shall
apply.
(ii)
A-35 (RESEARCH STATION)
to the uses permitted in the Agricultural (A) Zone, a research and
development establishment including 8 dwelling units directly related to
the research station and the use of one of the dwelling units as a boarding
or lodging house shall also be permitted. All other requirements of the ByLaw shall apply.
(jj)
A-36 (STORAGE)
to the uses permitted in the Agricultural (A) Zone, a wholesale
establishment for vending supplies having a maximum gross floor area of
600 square metres shall also be permitted. No outside storage is
permitted except for the parking of vehicles directly related to the vending
By-Law 110-01, March, 2015
5-12
SECTION 5
(kk)
(ll)
business within an area no greater then 75 square metres. All other
A-37 (SETBACK FROM WATERCOURSE)
Notwithstanding any provisions in this By-Law to the contrary, within any
area zoned A-37 on Schedule “A” hereto, no building or structure shall be
erected closer than 40.0 metres from any watercourse. All other
requirements of the By-Law shall apply. (Map 28)
A-38 (SERVICE SHOP)
the contrary, within any area zoned A-38 on Schedule “A” hereto, in
addition to the uses permitted in the Agricultural (A) Zone, a building
having a gross floor area of not more than 750 square metres in which
there may be a service shop having a maximum gross floor area of 120
square metres, housing for a maximum of 5 horses and a maximum of
1,200 rabbits shall also be permitted. The building must be located 6.7
metres from the north property line and 58 metres from the nearest
adjoining residence. All other requirements of the By-Law shall apply.
(mm) A-39 (MANURE STORAGE)
to the uses permitted and regulation of the By-Law within the Agricultural
(A) Zone, a manure storage located 6 metres from the northern property
line and a berm along the eastern perimeter shall also be permitted. All
(nn)
A-40 (RESEARCH STATION)
to the uses permitted in the Agricultural (A) Zone, a research and
development establishment shall also be permitted.
All other
(oo)
A-41 (HERITAGE TOURISM)
to the uses permitted in the Agricultural (A) Zone, a Heritage and Tourism
business with a workshop for the creation of heritage artifacts, craft shop
producing and/or selling heritage items, tea room, rooms for storage and
display of heritage item shall also be permitted. All uses shall be confined
to the existing building. Should the structure be destroyed, it may be
rebuilt or reconstructed to the total floor area existing on December 20,
1993. Also permitted is a bed and breakfast establishment. The craft
By-Law 110-01, March, 2015
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SECTION 5
shop shall be limited to a maximum floor gross area of 100 square metres,
and a tea room shall be limited to a maximum gross floor area of 50
square metres plus 20 square metres for washrooms.
All other
(pp)
A-42 (MUSHROOM PROCESSING)
to the uses permitted in the Agricultural (A) Zone, a food processing plant
for mushrooms confined to the interior of the existing buildings and
structures shall also be permitted. No outside storage shall be permitted.
All other requirements of the By-Law shall apply.
(qq)
A-43 (RIDING ARENA AND HORSE BARN)
to the uses permitted in the Agricultural (A) Zone, a horse livestock barn
and riding arena with the number of livestock units permitted being limited
to six horses shall also be permitted. Any new horse barn (to replace an
existing barn) and any horse riding arena shall be located a minimum of
38 metres from the front property line, a minimum of 15 metres from the
southerly property line, a minimum of 7.6 metres from the rear property
line, and a minimum of 30 metres from the northerly interior property line.
(rr)
Notwithstanding the provisions of Sections 5(2) and (5(3) of this By-Law to
the contrary, within any area zoned A-44, the following provisions shall be
in effect:
(i)
(ii)
No poultry processing uses shall be permitted on the property;
No poultry operations shall be permitted on the lands or in any
buildings located on the property zoned A-44;
(iii)
The only livestock uses which shall be permitted on the lands
zoned A-44 or in any buildings located thereon, shall be restricted
to horses and cattle, and the maximum number of horses and/or
cattle shall be limited to five (5) heads in total, including all young
stock and/or fully grown stock; and
(iv)
Any building or manure storage area located on the lands which are
used for the housing and/or shelter of livestock shall be located a
minimum of 73.2 metres from the front property line and a minimum
of 4.6 metres from any interior property line.
By-Law 110-01, March, 2015
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SECTION 5
(ss) A-45 (VEHICLE REPAIR SHOP)
contrary, within any area zoned A-45 on Schedule “A” hereto, the uses
permitted shall be limited to a vehicle repair shop having a maximum
gross floor area of 750 square metres. Outside storage shall be limited to
1000 square metres and shall be located behind the front yard building
line. All other requirements of the By-Law shall apply.
(tt)
A-46 (LIVESTOCK LIMITS, REDUCED LOT AREA AND FRONTAGE)
the contrary, within any area zoned A-46 on Schedule “A” hereto, the
number of livestock units shall be limited to six (6) and the minimum lot
area shall be 2.4 hectares and the minimum lot frontage shall be 106
metres. All other requirements of the By-Law shall apply. (Map 72)
(uu)
A-47 (ANTIQUES)
Notwithstanding any provisions of this By-Law to the contrary, within any
area zoned A-47 on Schedule "A" hereto, in addition to the uses permitted
in the Agricultural (A) Zone, the retailing of antiques in an existing building
or structure shall also be permitted. All other requirements of the By-Law
(vv)
A-48 (AGRICULTURAL SERVICE AND SUPPLY ESTABLISHMENT)
to the uses permitted in the Agricultural (A) Zone, an agricultural service
and supply establishment shall also be permitted. All other requirements
of the By-Law shall apply.
(ww) A-49 (COMMERCIAL GREENHOUSE)
to the uses permitted in the Agricultural (A) Zone, a commercial
greenhouse not exceeding a lot coverage of 30% shall also be permitted.
(xx)
A-50 (PRIVATE PARK)
Notwithstanding any provision in the By-Law to the contrary, within any
area zoned A-50 on Schedule “A” hereto, in addition to the uses permitted
in the Agricultural (A) Zone, a private camp for children and youth in
dormitory style housing, including common meeting and dining facilities,
as well as a second dwelling unit, and a non profit storage building , not to
exceed 1,025 square metres in area, to be used for the collection and
distribution of publications and materials used in mission work. Without
By-Law 110-01, March, 2015
5-15
SECTION 5
limiting the generality, the materials used for mission work may include
such things as: medical supplies and equipment, educational materials
and equipment, publications, bicycles, computers, sewing machines,
musical instruments, generators, tools, dry goods, farm equipment, nonperishable food, office supplies and equipment and similar goods to be
used in mission work. The minimum requirement for landscaped open
space shall be 60%. All other requirements of the By-Law shall apply.
(Maps 65 & 66)
(yy)
A-51 (PETTING ZOO)
to the uses permitted in the Agricultural (A) Zone, a petting zoo, hay rides
and pony rides shall also be permitted. All other requirements of the ByLaw shall apply.
(zz)
A-52 (LANDFILL BUFFER)
Notwithstanding anything in this By-Law to the contrary, within any area
zoned A-52 on Schedule “A” hereto, the permitted uses shall be a buffer
for the adjacent landfill and those uses permitted in the Agricultural (A)
Zone, save and except a dwelling unit. All other requirements of the ByLaw shall apply. (Maps 96 & 114)
(aaa) A-53 (FARM SALES OUTLET)
to the uses permitted in the Agricultural (A) Zone, a farm sales outlet
having a maximum gross floor area of 345 square metres shall also be
(bbb) A-54 (APPLIANCE SALES)
to the uses permitted in the Agricultural (A) Zone, appliance sales and
service together with uses, buildings and structures accessory thereto
(ccc) A-55 (VEHICLE REPAIR SHOP)
to the uses permitted in the Agricultural (A) Zone, a vehicle repair shop
with a maximum building size of 260 square metres shall also be
permitted. However, no vehicles awaiting repair or pick-up shall be
parked in any side yard or in front of the building line opposite the front lot
By-Law 110-01, March, 2015
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SECTION 5
line. All outside storage of car parts or equipment and auto body parts is
prohibited. All other requirements of the By-Law shall apply.
(ddd) A-56 (VEHICLE REPAIR SHOP)
to the uses permitted in the Agricultural (A) Zone, may also be used as a
vehicle repair shop with a maximum building size of 260 square metres.
Any outside storage shall be limited to 2,200 square metres and shall be
located to the east of the commercial building. The use of the outside
storage area shall be limited only to parking for vehicles and equipment
actively being serviced and for parts necessary for such repair work. The
outside perimeter of the storage area shall be enclosed with a 2 metre
high privacy fence. Advertisement of the business on the site shall be
limited to one sign having a maximum area of 0.5 square metres, and said
sign shall not to be posted on any road allowance. All other requirements
(eee) A-57 (FOUR-UNIT APARTMENT)
to the uses permitted in the Agricultural (A) Zone, a four-unit apartment
building shall also be permitted. All other requirements of the By-Law
shall apply.
(fff)
A-58 (TWO SEMI-DETACHED DWELLING UNITS)
to the uses permitted in the Agricultural (A) Zone, a maximum of two (2)
semi-detached dwelling units shall also be permitted.
All other
(ggg) A-59 (SCHOOL BUS TERMINAL)
to the uses permitted in the Agricultural (A) Zone, the storage of school
buses, maintenance and dispatch, together with uses, buildings and
structures accessory thereto, shall also be permitted.
All other
(hhh) A-60 (GINSENG PROCESSING)
to the uses permitted in the Agricultural (A) Zone, the processing of
By-Law 110-01, March, 2015
5-17
SECTION 5
ginseng into ginseng products such as candy and the retailing of ginseng
products, candy, specialty cheeses and other agriculturally oriented
produce having a maximum gross floor area of 160 square metres for the
processing operation and a maximum floor area of 38 square metres for
the retail operation shall also be permitted. Retailing shall be confined to
the interior of the existing structures. All other requirements of the By-Law
shall apply.
(iii)
A-61 (TURKEY BREEDING BARN)
to the uses permitted in the Agricultural (A) Zone, an additional turkey
breeder barn of 1,620 square metres located 152 metres from the nearest
residence on an adjoining property and having a 61-metre front yard shall
(jjj)
zoned A-62 on Schedule “A” hereto, a mink farm to a maximum of 50
livestock units shall be a permitted use provided that any livestock building
is located no closer than 244 metres from any dwelling built before
December 14, 1998 and 14 metres from any property line. All other
(kkk) A-63 (GOLF COURSE)
to the uses permitted in the Agricultural (A) Zone, a golf course and
associated facilities shall also be permitted. The use will be subject to a
site plan agreement registered on title. All other requirements of the ByLaw shall apply.
(lll)
A-64 (LOT AREA)
contrary, within any zoned A-64 on Schedule “A” hereto, the minimum lot
area shall be 25 hectares. All other requirements of the By-Law shall
apply. (Map 66)
(mmm)
A-65 (ACCESSORY RESIDENTIAL USE)
contrary, within any area zoned A-65 on Schedule “A” hereto, a residential
use on the property shall only be permitted as an accessory use to an
established greenhouse operation. All other requirements of the By-Law
By-Law 110-01, March, 2015
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SECTION 5
(nnn) A-66 (NO DWELLING, REDUCED LOT AREA)
the contrary, within any area zoned A-64 on Schedule ‘A’ hereto, a
dwelling shall not be permitted and the minimum lot area shall be 18.2
hectares. All other requirements of the By-Law shall apply. (Map 108)
(ooo) A-67 (LOT COVERAGE)
the contrary, within any area zoned A-67 on Schedule “A” hereto, a
maximum lot coverage of forty percent (40%) shall apply of which twenty
two percent (22%) may be used for agricultural uses and eighteen percent
(18%) may be used for other uses. All other requirements of the By-Law
(ppp) A-68 (APARTMENT)
to those uses permitted in the Agricultural (A) Zone, an apartment shall
also be permitted. All other requirements of the By-Law shall. (Map 21)
(qqq) A-69 (FARM SUPPLY CENTRE AND MACHINERY REPAIR SHOP)
to the uses permitted in the Agricultural (A) Zone, a farm supply centre
and machinery repair shop shall also be permitted. All other requirements
of the By-Law shall apply. . (Maps 29 & 30)
(rrr)
A-70 (CRAFTS)
area zoned A-70 on Schedule "A" hereto, in addition to the uses permitted
in the Agricultural (A) Zone, a workshop for the teaching of ceramic arts
and sales of ceramics shall also be permitted. The active work area of
said use shall not exceed 70 square metres, with the balance of the
existing building’s floor area being used for storage related to the
business. Not more than 5 parking spaces are to be located on the site.
All other requirements of the By-Law shall apply. (Map 81)
(sss) A-71 (ADDITIONAL USES)
contrary, within any area zoned A-71 on Schedule “A”, hereto, a
tradesman’s shop or a service shop, and a business involved in the repair
of automobile starters and similar parts are permitted uses on these lands.
All other requirements of the By-Law shall apply. (Maps 23 & 23A)
By-Law 110-01, March, 2015
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SECTION 5
(ttt) A-72 (LIVESTOCK LIMITATION AND LOT AREA)
Notwithstanding the provisions of Section 3(14) and Section 5(3) of this
By-Law to the contrary, within any area zoned A-72 on Schedule ‘A’
hereto, notwithstanding the capacity of any livestock building existing at
the date of passage of this By-Law, the number of livestock units
permitted on the property shall be limited to that determined by means of
the Minimum Distance Separation II (MDS II) calculation, and the
minimum lot area shall be 26 hectares. All other requirements of the ByLaw shall apply. (Map 95)
(uuu) A-73 (DWELLING UNIT NOT PERMITTED, REDUCED LOT AREA)
the contrary, within any area zoned A-73 on Schedule “A” hereto no
dwelling unit shall be permitted and the minimum lot area shall be 25.5
hectares. All other requirements of the By-Law shall apply. (Map 60)
(vvv) A-74 (REDUCED LOT AREA)
Notwithstanding the provisions of Section 5(3)(a) of this By-Law to the
contrary, upon any lot zoned in part A-74, on Schedule ‘A’ hereto, the
minimum lot area may be 7.4 hectares. All other requirements of the ByLaw shall apply. (Map 66)
(www) A-75 (EXCEPTION NUMBER NOT ASSIGNED)
(xxx) A-76 (REDUCED LOT AREA)
contrary, within any area zoned A-76 on Schedule ‘A’ hereto, the minimum
lot area shall be 7.4 hectares. All other requirements of the By-Law shall
apply. (Map 110)
(yyy) A-77 (REDUCED LOT AREA)
apply. (Map 20)
(zzz) A-78 (REDUCED LOT AREA)
contrary, within any area zoned in part A-78 on Schedule ‘A’ hereto, the
minimum lot area may be 7.2 hectares. All other requirements of the ByLaw shall apply. (Map 82)
(aaaa) A-79 (DWELLING PERMITTED)
By-Law 110-01, March, 2015
5-20
SECTION 5
Notwithstanding the provisions of Sections 3(2), 3(16)(c), 5(3)(a) and
5(3)(b) of this By-Law to the contrary, within any area zoned A-79 on
Schedule ‘A’ hereto, a single detached dwelling and accessory uses are
permitted. All other requirements of the By-Law shall apply. (Map 94)
(bbbb) A-80 (NO DWELLING PERMITTED & FRONTAGE)
the contrary, within any area zoned A-80 on Schedule “A” hereto, no
dwelling unit shall be permitted and the minimum lot frontage shall be 135
(cccc) A-81 (AREA & FRONTAGE)
contrary, within any area zoned A-81 on Schedule “A” hereto, the
minimum lot area shall be 0.6 hectares and the minimum lot frontage shall
be 70 metres. All other requirements of the By-Law shall apply. (Map 115)
(dddd) A-82 (LOT AREA)
lot area shall be 8 hectares. All other requirements of the By-Law shall
apply. (Map 12)
(eeee) A-83 (REDUCED LOT AREA)
apply. (Map No. 113)
(ffff)
A-84 (REDUCED LOT AREA AND FRONTAGE)
Notwithstanding the provisions of Section 5(3)(a) and 5(3)(b) of this ByLaw to the contrary, within any area zoned A-84 on Schedule ‘A’ hereto,
the minimum lot area shall be 3.2 hectares and the minimum lot frontage
shall be 50.2 m. All other requirements of the By-Law shall apply. (Map
77)
(gggg) A-85 (BOARDING KENNEL)
the contrary, within any area zoned A-85 on Schedule ‘A’ hereto, a
boarding kennel is a permitted use. The boarding kennel shall be setback
at least 50 metres from any property line. All other requirements of the ByLaw shall apply. (Maps 74 and 75)
By-Law 110-01, March, 2015
5-21
SECTION 5
(hhhh) A-86 (REDUCED LOT AREA AND FRONTAGE)
Notwithstanding the provisions of Section 5(3)(a) and 5(3)(b) of this ByLaw to the contrary, within any area zoned A-86 on Schedule ‘A’ hereto,
the minimum lot area shall be 3.8 hectares and the minimum lot frontage
shall be 130 metres. All other requirements of the By-Law shall apply.
(Map 77)
(iiii)
A-87 (LOT AREA)
Notwithstanding the provisions of Subsection 5(3)(a) of this By-Law to the
contrary, within any area zoned A-87 on Schedule “A” hereto, the
minimum lot area shall be 20.6 hectares. All other requirements of the ByLaw shall apply. (Map 40)
(jjjj)
A-88 (LOT AREA AND LOT FRONTAGE)
Notwithstanding the provisions of Subsection 5(3)(a) and Subsection
Schedule “A” hereto, the minimum lot area shall be 1.8 hectares and the
minimum lot frontage shall be 99 metres. All other requirements of the ByLaw shall apply. (Map 40)
(kkkk) A-89 (LOT AREA AND LOT FRONTAGE)
Notwithstanding the provisions of Subsection 5(3)(a) and Subsection
Schedule “A” hereto, the minimum lot area shall be 0.6 hectares and the
minimum lot frontage shall be 95 metres. All other requirements of the ByLaw shall apply. (Maps 63 & 64)
(llll)
A-90 (KENNEL)
contrary, within any area zoned A-90 on Schedule ‘A’ hereto, a kennel,
limited to ten (10) dogs, shall also be permitted. All other requirements of
the By-Law shall apply. (Map 69)
(mmmm)
A-91 (FENCE CONTRACTOR)
Notwithstanding the provisions of Section 3(8) and Section 5(2) of this ByLaw to the contrary, within any area zoned A-91 on Schedule ‘A’ hereto, a
fence contracting business, limited to a 374 square metre building existing
at the date of the passing of the By-Law and limited to a 98 square metre
outside storage area south of the aforementioned building, and limited to a
maximum of eight (8) employees, and operating only between March 1
and October 31, shall also be permitted. All other requirements of the ByLaw shall apply. (Map 29)
By-Law 110-01, March, 2015
5-22
SECTION 5
(nnnn) A-92 (BODY SHOP)
area zoned A-92 on Schedule ‘A’ hereto, a body shop is a permitted use.
(oooo) A-93 (LOT AREA AND FRONTAGE)
Notwithstanding any provision in this By-Law to the contrary, within any
area zoned A-93 on Schedule ‘A’ hereto, the lot area shall be 1.1 hectares
and the minimum lot frontage shall be 50 metres. All other requirements
of the By-Law shall apply. (Map 12)
(pppp) Removed.
(qqqq) A-95 (RURAL HOME OCCUPATION)
area zoned A-95 on Schedule ‘A’ hereto, a rural home occupation may
occupy an accessory building with a gross floor area of 558 square
metres, the minimum front and side yards of the accessory building shall
(rrrr) A-96 (LIVESTOCK SETBACK)
area zoned A-96 on Schedule ‘A’ hereto, no livestock building or manure
storage facility shall be located within 333 metres of Hammond Road. All
other requirements of the By-Law shall apply. (Maps 65 & 82)
(ssss) A-97 (FRONT YARD DEPTH)
area zoned A-97 on Schedule ‘A’ hereto, the minimum front yard depth
shall be:
1. for a residential use
215 metres
2. intensive livestock buildings and
mushroom operations:
260 metres
or the distance required by the Minimum Distance Separation
calculation, whichever is greater
3. all other uses:
225 metres
Front yard depth shall be measured parallel to the western property
boundary. All other requirements of the By-Law shall apply. (Map 33)
(tttt)
A-98 (DWELLING UNIT NOT PERMITTED AND ADDITIONAL SETBACK)
Notwithstanding any provision of this By-Law to the contrary, within any
area zoned A-98 on Schedule “A” hereto, no dwelling unit shall be
permitted and no building or structure shall be located within 15 metres of
By-Law 110-01, March, 2015
5-23
SECTION 5
the surveyed top of bank of Fairchild Creek. All other requirements of the
By-Law shall apply. (Map 65)
(uuuu) A-99 (MDS II)
area zoned A-99 on Schedule “A” hereto, no livestock housing or manure
storage facility, building or use may be established unless it is in
compliance with all the Minimum Distance Separation Two (MDS II)
setbacks determined using the formulae in Appendix C of this By-Law. All
(vvvv) A-100 (SIDE YARD SETBACK)
area zoned A-100 on Schedule ‘A’ hereto, the left interior side yard for a
dwelling shall be 15 metres. All other requirements of the By-Law shall
apply. (Map 113)
(wwww)
A-101 (EXISTING YARDS RECOGNIZED)
area zoned A-101 on Schedule ‘A’ hereto, all yards for all buildings and
structures as they existed on July 17, 2001 are deemed to have legal
status. All other requirements of the By-Law shall apply. (Maps 7 & 15)
(xxxx) A-102 (MINIMUM DISTANCE FROM LIVESTOCK FACILITY)
area zoned A-102 on Schedule “A” hereto, no dwelling shall be erected
within 157 metres of the existing livestock building located at 66 Harris
Road. All other requirements of the By-Law shall apply. (Map 65)
(yyyy) A-103 (KENNEL)
area zoned A-103 on Schedule “A” hereto, a boarding kennel for a
maximum of ten (10) dogs and for the daytime only boarding of an
additional ten (10) dogs shall be a permitted use. All other requirements
(zzzz) A-104 (ADDITIONAL ATTENDEES)
area zoned A-104 on Schedule “A” hereto, up to, but not more than, five
(5) persons who do not reside on this property, may attend or work at a
rural home occupation. All other requirements of the By-Law shall apply.
(Map 64 & 81)
(aaaaa)
A-105 (SIDE YARD REGULATIONS)
By-Law 110-01, March, 2015
5-24
SECTION 5
area zoned A-105 on Schedule “A” hereto, the minimum left interior side
yard for any accessory buildings or structures existing as of August 1,
2004 shall be 7.5 metres. All other requirements of the By-Law shall
apply. (Map 40)
(bbbbb)
A-106 (NO DEVELOPMENT)
area zoned A-106 on Schedule “A” hereto, no buildings or structures for
any use; and no cemeteries; or sports fields, playgrounds or other similar
recreational uses and or facilities are permitted. All other requirements of
(ccccc)
A-107 (LIVESTOCK PROHIBITION, DWELLING SETBACK AND
LOT SIZE)
area zoned A-107 on Schedule “A” hereto, no livestock shall be permitted,
no dwelling shall be permitted within 101 metres of another dwelling
located on the south side of Watt’s Pond Road and the minimum lot size
shall be 16,000 square metres. All other requirements of the By-Law shall
apply. (Map 17)
(ddddd)
A-108 (VEHICLE REPAIR SHOP)
area zoned A-108 on Schedule "A" hereto, in addition to the uses
permitted in the Agricultural (A) Zone, a vehicle repair shop shall also be
permitted. Said vehicle repair shop shall be located in the existing barn,
no outside storage shall be permitted and the use will be subject to Site
Plan Control. All other requirements of the By-Law shall apply. (Map 85)
(eeeee)
A-109 (VEHICLE REPAIR SHOP)
permitted in the Agricultural (A) Zone, automotive repair and storage, and
a restaurant shall also be permitted in an existing building or structure. All
(fffff) A-110 (NO MDS REQUIREMENT)
permitted in the Agricultural (A) Zone, no Minimum Distance Separation
(MDS) provisions from livestock buildings and structures shall apply. All
By-Law 110-01, March, 2015
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SECTION 5
(ggggg)
A-111 (TWO DWELLING UNITS)
area zoned A-111 on Schedule “A” hereto, two (2) dwelling units are
permitted provided that they are in a single structure and the said structure
is subject to the setback regulations of a single-detached dwelling. All
(hhhhh)
area zoned A-112 on Schedule “A” hereto, the maximum number of
livestock units permitted in the barn existing as of January 1, 2005, shall
be five (5) and the livestock shall be restricted to Animal Group One as
described on Schedule “B” of the By-Law (horses and/or chicken broilers).
(iiiii)
A-113 (BUILDING REGULATIONS)
area zoned A-113 on Schedule “A” hereto, no livestock barn shall exceed
a maximum floor area of 1,505 square metres and no livestock barn shall
be located no closer than 320 metres to a street and no closer than 270
metres to the western side yard. All other requirements of the By-Law
shall apply. (Maps 5 & 13)
(jjjjj)
A-114 (REDUCED SIDE YARD)
area zoned A-114 on Schedule “A” hereto, the minimum interior side yard
setback for existing accessory buildings shall be 4 metres. All other
(kkkkk)
A-115 (USE OF EXISTING BUILDING)
area zoned A-115 on Schedule A hereto, a single detached dwelling within
an existing structure shall be permitted. All other requirements of the ByLaw shall apply. (Maps 1 & 9)
(lllll)
area zoned A-116 on Schedule “A” hereto, the maximum number of
livestock units permitted, shall be five (5) and the livestock shall be
restricted to Animal Groups One and Two as described on Schedule “B” of
the By-Law . All other requirements of the By-Law shall apply. (Maps 12
& 13)
By-Law 110-01, March, 2015
5-26
SECTION 5
(mmmmm) A-117 (FOUR DWELLINGS)
area zoned A-117 on Schedule “A” hereto, a maximum of four (4) single
detached dwelling units shall be permitted. All other requirements of the
By-Law shall apply. (Maps 63 & 80)
(nnnnn)
A-118 (ACCESS)
area zoned A-118 on Schedule “A” hereto, access may be provided by an
easement through the adjacent lands to the south. All other requirements
of the By-Law shall apply. (Maps 5, 6, 13 & 14)
(ooooo)
A-119 (KENNEL)
area zoned A-119 on Schedule “A” hereto, in addition to the uses
permitted in the Agricultural (A) zone, a kennel with a capacity of twenty
(20) dogs, shall be a permitted use. All other requirements of the By-Law
(ppppp)
A-120 (Exception number assigned to a temporary use)
(qqqqq)
A-121 (Vehicle Repair)
permitted in the Agricultural (A) zone, motor vehicle safety checks and
motor vehicle repairs performed on trucks, tractor trailers and farm
equipment shall be permitted. For the purpose of this By-Law, motor
vehicle excludes body work and painting of vehicles and excludes work
performed on passenger cars and light trucks. All other requirements of
the By-Law shall apply. (Maps 27, 28 & 29)
(rrrrr) A-122 (Exception number assigned to a temporary use)
(sssss)
A-123 (KENNEL)
maximum of forty (40) dogs, with no more than 5 employees who do not
reside in the dwelling shall also be permitted. No building or fenced area
associated with the kennel shall be closed than 25 metres to any lot line.
(ttttt) A-124 (BOARDING KENNEL)
Notwithstanding any provision of this By-law to the contrary, within any
area zoned A-124on Schedule “A” hereto, a boarding kennel with a
By-Law 110-01, March, 2015
5-27
SECTION 5
maximum of thirty (30) dogs in the main dwelling only shall be permitted in
addition to the regular uses in the Agricultural (A) zone. As well, a
maximum of three (3) boarding dogs will be permitted in the outdoor
fenced area at any time. . All other requirements of the By-Law shall
apply. (Map 26)
(uuuuu)
A-125 (TELECOMMUNICATION TOWER)
area zoned A-125 on Schedule “A” hereto, the permitted uses are limited
to a telecommunications tower and accessory buildings and structures.
The minimum lot area shall be 0.9 hectares and the minimum lot frontage
shall be 40 metres. All other requirements of the By-Law shall apply.
(Map 13)
(vvvvv)
A-126 (KENNEL)
maximum of sixteen (16) dogs and for the daytime only boarding of an
additional five (5) dogs, a grooming facility and a training facility shall be
permitted uses. All other requirements of the By-Law shall apply. (Map
116)
(wwwww)
A-127 (GRAIN ELEVATOR, WASHING AND DRYING)
permitted in the Agricultural (A) Zone, a grain elevator, washing and drying
use shall also be permitted. All other requirements of the By-Law shall
apply. (Map 66)
(xxxxx)
A-128 (WINDOWS INSTALLATION)
Notwithstanding the provisions of Section 5(2) of this By-law to the
contrary, within any area zoned A-128 on Schedule "A" hereto, in addition
to the uses permitted in the Agricultural (A) Zone, a business involving
service, installation and storage of windows, contained wholly within the
accessory building not exceeding a maximum gross floor area of 150
square meters shall also be permitted. All other requirements of the ByLaw shall apply. (Maps 50 & 51)
(yyyyy)
A-129 (KENNEL)
area zoned A-129 on Schedule “A” hereto, a dog kennel shall also be
permitted. The said kennel shall be restricted to six (6) adult dogs at any
given time. The minimum setback for the dog kennel structure and eight
(8) acoustically shielded outdoor dog-runs (i.e. south, west and north
By-Law 110-01, March, 2015
5-28
SECTION 5
flanks), shall be no less than 100 metres from any residential use on an
abutting lot. All other requirements of the By-law shall apply. (Maps 71 &
72)
(zzzzz)
A-130 (RIDING ARENA AND TRAINING FACILITY)
to the uses permitted by the Agricultural (A) Zone, a horse riding arena, a
horse training and boarding facility with a maximum of 60 horses shall also
be permitted. All other requirements of the By-law shall apply. (Map 1)
BL 80-11
(aaaaaa)
A-131 (BOARDING KENNEL)
area zoned A-131 on Schedule "A" hereto, in addition to the permitted
uses, a boarding kennel with a maximum of 20 dogs and operating only
between of 0700 and 1800 shall also be permitted. All other requirements
(bbbbbb)
A-132 (DEVELOPMENT DEPTH)
Notwithstanding anything in this by-law to the contrary within an area
zoned A-132 on Schedule “A” hereto, no part of any dwelling shall be
located more than 115 metres from the southern limit of Brant-Waterloo
Road. All other requirements of the by-law shall apply.
(Map 2)
(cccccc)
A-133 (LIVESTOCK LIMITATION)
permitted in the Agricultural (A) zone, the keeping of livestock shall not
exceed a quantity equivalent to two (2) Nutrient Units as defined in the
Ministry of Agriculture, Food and Rural Affairs Publication 707, as in effect
on the date this by-law is passed, All other requirements of the By-law
(dddddd)
A-134 (LIVESTOCK SEPARATION)
area zoned A-134 on Schedule “A” hereto, a expanded livestock barn may
be located no closer than 70 metres to the nearest off-site dwelling. All
(eeeeee)
A-135 (RIDING ACADEMY)
permitted in the Agricultural (A) zone a facility for horse riding instruction
By-Law 110-01, March, 2015
5-29
SECTION 5
and public recreational horse riding shall be permitted. Such activities
shall be restricted to operation Monday to Friday, inclusive, with a
maximum of twenty-five (25) riders at any time. Boarding of horses shall
not be permitted. All other requirements of the By-Law shall apply. (Maps
74 & 75)
(gggggg) A-136 (LIVESTOCK LIMIT)
area zoned A-136 on Schedule “A” hereto, a maximum of five (5) livestock
units may be housed. All other requirements of the By-law shall apply.
(Key Maps 2 & 3)
(hhhhhh) A-138
(ADDITIONAL USES)
on Schedule “A” hereto, in addition to the permitted uses farm equipment
RV service and repair establishment shall be permitted. All other
requirments of the By-law shall apply. (Key Map 33)
(iiiiii)
A-141 (KENNEL)
to the uses permitted in the Agricultural (A) Zone, a boarding kennel with a
maximum capacity of 25 animals (dogs and cats) shall also be permitted.
All other requirements of the By-law shall apply. (Key Map 78)
(jjjjjj) Space.
(kkkkkk) A-143
(ACCESSORY SECONDARY DWELLING)
area zoned A-143 on Schedule “A” hereto, an accessory secondary
dwelling, accessory to the single detached dwelling, and located within an
existing accessory structure, shall also be permitted. The total gross floor
area of the secondary dwelling shall be limited to 112 square metres. All
(llllll)
Space.
(mmmmmm) A-145 (SCOTLAND AGROMART)
Notwithstanding the provisions of Section 3 of this By-Law to the contrary,
within any area zoned A-145 on Schedule “A” hereto, in addition to the
uses permitted, a fertilizer blending station shall also be permitted. All
other requirements of the By-Law shall apply. (Maps 94, 111A, &112)
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
5-30
SECTION 5
(a)
Exception number expired
(b)
(c)
(d)
T-A-1-04-06-2020
Notwithstanding any provisions of this By-Law to the contrary, within an
area zoned T-A-1-04-06-2020 on Schedule "A" hereto, a second
temporary dwelling, being a garden suite, shall also be permitted,
provided that it is removed on or before April 6, 2020. All other
(e)
(f)
T-A-1-01-10-2022 (GARDEN SUITE)
Notwithstanding any provision in this By-law to the contrary, within any
area zoned T-A-1-01-10-2022 on Schedule ‘A’ hereto, a second temporary
dwelling, being a garden suite, shall also be permitted provided that it is
removed on or before October 1, 2022. All other requirements of the Bylaw shall apply. (Map 26)
(g)
(h)
(i)
(j)
(k)
(l)
Exception Number Expired
(m)
T-A-120-08-14-2017
area zoned T-A-120-08-14-2017 on Schedule ‘A’ hereto, a second
temporary dwelling, being a garden suite, shall also be permitted within 70
metres of any building existing at the time of the passing of this bylaw,
provided that it is removed on or before September 4, 2017. All other
By-Law 110-01, March, 2015
5-31
SECTION 5
(n)
area zoned T-A-1-12-04-2017 on Schedule “A” hereto, a garden suite,
being a temporary building shall also be permitted provides that it is
removed from the property on or before December 4, 2017. All other
(o)
Exception Number Expired.
(p)
area zoned T-A-1-06-02-2018 on Schedule ‘A’ hereto, a temporary second
dwelling, being a garden suite, is permitted provided that it is removed on
or before June 2, 2018. All other requirements of the By-Law shall apply.
(Map 43)
(q)
Exception expired
(r)
area zoned T-A-1-09-02-2018 on Schedule ‘A’ hereto, a temporary second
dwelling, being a garden suite, is permitted provided that it is removed on
or before September 2, 2018. All other requirements of the By-Law shall
apply. (Map 86)
(s)
area zoned T-A-1-09-03-2019 on Schedule “A” hereto, a garden suite,
being a temporary building shall also be permitted provided that it is
removed from the property on or before March 9, 2019. All other
(t)
dwelling, being a garden suite, shall also be permitted, provided that it is
removed on or before January 10, 2021. All other requirements of the Bylaw shall apply. (Maps 118 & 119)
(u)
dwelling, being a garden suite, shall also be permitted not less than four
(4) metres from the rear lot line, provided that it is removed on or before
By-Law 110-01, March, 2015
5-32
SECTION 5
January 11, 2021. All other requirements of the By-law shall apply.(Map
113)
(v)
area zoned T-A-10-04-2021 on Schedule ‘A’ hereto, a second temporary
removed on or before October 4, 2021. All other requirements of the Bylaw shall apply. (Map 27
(w)
removed on or before November 1, 2021. All other requirements of the
By-law shall apply. (Maps 14, 15 & 15A)
(x)
area zoned T-A-1-06-11-2019 on Schedule ‘A’ hereto, a temporary
dwelling, being a garden suite, shall also be permitted provided that it is
removed on or before November 6, 2019. All other requirements of the
By-law shall apply. (Map 45)
(y)
area zoned T-A-1-27-08-2033 on Schedule “A” hereto, a second
temporary dwelling, being a garden suite, shall also be permitted, provided
that it is removed from the property on or before August 27, 2033. All other
requirements of the By-law shall apply. (Key Map 16)
(z)
T-A-122-06-05-2017
(MUSIC FESTIVAL)
area zoned T-A-122-06-05-2017 on Schedule “A” hereto, in addition to the
uses permitted in the (A) zone, a music festival may be permitted on these
lands subject to the following;
1. Duration: Not to exceed four (4) days during the summer months in
any calendar year
2. Time:
Entertainment performances limited to 12:00h to 22:00h
3. Area:
Festival activities shall be confined to approximately the
north 300m of the property.
4. Structures:
No permanent buildings and/or structures shall
be constructed for the purpose of the music festival.
By-Law 110-01, March, 2015
5-33
SECTION 5
5. Power:
and
Generators shall not operate before 08:00h or after 18:00h
and provided that the use ceases on or before May 6, 2017. All other
(aa)
T-A-1-01-28-2034
(GARDEN SUITE)
that it is removed from the property on or before January 28, 2034. All
other requirements of the By-law shall apply. (Key Maps 30 & 44)
(bb)
Space.
(cc)
temporary dwelling, being a Garden Suite, shall also be permitted,
provided that it is removed from the property on or before May 27, 2034.
(ff)
T-A-139-05-20-2016 (TEMPORARY KENNEL FACILITY)
area zoned T-A-139-05-20-2016 on Schedule “A” hereto, a kennel for up
to 18 dogs shall be permitted, expiring on May,20,2016, and the following
regulations shall apply;
1.
2.
3.
4.
5.
6.
7.
8.
There shall be a limit of 18 dogs on the property;
No dogs shall be permitted to run ‘at large’;
Doghouses shall be setback a minimum of 60.0 metres from the
front property line, 12.0 metres from the east property line, and 45.0
metres from the west property line;
Each doghouse shall have a lockable door and ventilation;
All dogs shall be kept inside doghouses/kennel at night;
The Owner shall comply with the Noise By-law and take every effort
to limit noise from barking dogs at all times;
The fence on the property shall be fully insulated for noise
mitigation and shall be completed by September 30th, 2015;
No dogs shall be permitted outside the fenced area on any part of
the property;
All other requirements of the By-law shall apply. (Map 69)
By-Law 110-01, March, 2015
5-34
SECTION 5
(gg) T-A-1-10-21-2017 (FARM HELP HOUSE)
temporary dwelling, being a farm help house, shall also be permitted,
provided that it is removed from the property on or before October 21,
2017. All other requirements of the By-law shall apply. (Maps 4, 5, 12, &
13)
(hh)
area zoned T-A-1-02-17-2035 on Schedule “A” hereto, a temporary
removed from the property on or before February 17, 2035. All other
(ii)
removed from the property on or before April 28, 2035. All other
requirements of the By-law shall apply. (Key Maps 28 & 42)
(jj)
removed from the property on or before February 17, 2035. All other
(kk)
T-A-1-05-26-2018 (FARM HELP HOUSE)
temporary dwelling, being a farm help house, shall also be permitted,
provided that it is removed from the property on or before May 26, 2018.
All other requirements of the By-law shall apply. (Maps 42 & 43)
(ll)
Notwithstanding any provision of this by-law to the contrary, within any area
zoned T-A-1-05-26-2025 on Schedule “A” hereto, a second temporary dwelling,
being a garden suite, shall also be permitted, provided that it is removed from the
property on or before May 26, 2025. All other requirements of the By-law shall
apply. (Map 108)
(mm) Space.
By-Law 110-01, March, 2015
5-35
SECTION 5
(nn)
T-A-140-05-26-2018 (DOG TRAINING AND BOARDING FACILITY)
zoned T-A-140-05-26-2018 on Schedule “A” hereto, a dog boarding and training
facility for up to 30 dogs shall be permitted. All other requirements of the By-law
(oo)
Space.
(pp)
area zoned T-A-1-15-12-2018 on Schedule “A” hereto, an existing garden
suite shall be permitted for a period of three years. The structure is to be
demolished on or before December 15, 2018. All other requirements of the
(qq)
area zoned T-A-1-28-09-2018 on Schedule “A” hereto, one (1) temporary
second dwelling may also be permitted provided that the mobile home
portion of the dwelling does not exceed a gross floor area of 56.0 square
metres, the additional traditional construction portion of the dwelling does
not exceed 52.0 square metres, that the total gross floor area of the
dwelling does not exceed 108.0 square metres, and the entire temporary
second dwelling is removed from the property in three (3) years’ time,
being removed on or before 28,09,2018. All other requirements of the Bylaw shall apply. (Map 98)
(rr)
that it is removed from the property on or before September 22, 2025. All
other requirements of the By-law shall apply. (Maps 6 & 14)
(ss)
Space.
By-Law 110-01, March, 2015
6-1
SECTION 6
(1)
AGRICULTURAL RESTRICTIVE (AR) ZONE
SCOPE
The provisions of this Section shall apply in all Agricultural Restrictive (AR)
Zones except as otherwise provided in the Special Provisions subsection of this
Section.
(2)
USES PERMITTED
No person shall within any Agricultural Restrictive (AR) Zone, use any lot or
erect, alter or use any building or structure for any purpose except for one or
more of the following AR Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(3)
agricultural use, including specialty farm subject to Section 6(3)(m);
single detached dwelling including a dwelling on an undersized lot in
accordance with Subsection 6(3)(i);
existing dwelling;
existing mobile home;
commercial greenhouse, subject to Subsection 6(3)(k);
farm greenhouse subject to Subsection 6(3)(k);
farm sales outlet, in accordance with Section 6(3)(l);
forestry uses excluding any establishments that either process forestry
products or sell processed forestry products such as lumber yards;
landing strip;
mobile home accessory to an agricultural use, subject to Subsection
6(3)(j);
public use;
rural home occupation, in accordance with Section 3(8);
tree farm;
wayside pit;
wildlife preserve;
use accessory to the foregoing permitted uses.
ZONE REQUIREMENTS
No person shall within any Agricultural Restrictive (AR) Zone, use any lot or
erect, alter or use any building or structure except in accordance with the
following provisions:
(a)
(b)
LOT AREA (MINIMUM)
30.0 h
150.0 m
By-Law 110-01, March, 2015
6-2
SECTION 6
(c)
(i)
(ii)
residential uses
all other uses
15.0 m
25.0 m
(d)
(i)
residential uses
4.0 m
(ii)
all other uses
15.0 m
(e)
(i)
(ii)
(f)
residential uses
all other uses
10.0 m
15.0 m
(i)
(ii)
(iii)
(h)
15.0 m
25.0 m
(i)
(ii)
(g)
residential uses
all other uses
agricultural and accessory uses 20%
greenhouses
40%
all other uses
30%
30%
Any area used for the tilling of soil, growing of crops or grazing of livestock
shall be considered as part of the landscaped open space requirement
when associated with an agricultural use.
(i)
UNDERSIZED LOTS
On an existing undersized lot complying with the conditions of Section
3(16)(c), or on a lot legally created subsequent to the passage of this ByLaw, a maximum of one single detached dwelling shall be permitted
whether or not it is accessory to a permitted agricultural use. Such
dwelling shall be located no closer than 300 metres (984.25 ft.) from any
livestock buildings and/or manure storage facility on any lot containing an
existing intensive agricultural use, and shall be subject to the following
requirements:
(i)
Front Yard Depth (Minimum)
By-Law 110-01, March, 2015
10.0 m
6-3
SECTION 6
(ii)
(iii)
(iv)
(v)
Interior Side Yard Width (Minimum)
4.0 m
Exterior Side Yard Width (Minimum)
10.0 m
10.0 m
Lot Coverage (maximum)
20%
All other relevant provisions of the AR Zone shall apply.
(j)
MOBILE HOMES AS SUPPLEMENTARY HOUSING TO AN
AGRICULTURAL USE
No person shall use or permit the use of any mobile home or trailer for the
purposes of supplementary housing to an agricultural use on any lot in the
AR Zone for the living, sleeping or eating accommodation except a
seasonal farm dwelling for temporary seasonal employees.
(k)
(l)
GREENHOUSE REGULATIONS
(i)
Notwithstanding the Minimum Lot Area regulation of Section 6(3)(a)
and the Maximum Lot Coverage regulation of Section 6(3)(g),
commercial greenhouses may have a minimum lot area of 2
hectares (4.94 acres) and a maximum lot coverage of forty percent
(40%).
(ii)
Where ventilation fans exhaust into a side and/or a rear yard the
minimum side and/or rear yard requirement shall be 25 metres
(82.02 ft.) minimum.
(iii)
A greenhouse or a commercial greenhouse having a gross floor
area greater than 500 square metres (5,382.13 sq. ft.) shall not be
permitted unless a development agreement has been entered into
with the County regarding stormwater management and lighting.
(iv)
All greenhouses that use artificial lighting for growing purposes
during the night shall be located a minimum distance of 150 metres
(v)
All greenhouses shall be located a minimum distance of 45 metres
(vi)
No manure, compost or equipment may be stored except within an
enclosed structure with concrete floor and walls that extent a
minimum of 1.5 metres above the surrounding grade level.
FARM PRODUCE SALES
By-Law 110-01, March, 2015
6-4
SECTION 6
Seasonal farm produce display for sale is restricted to a maximum of 95
square metres (1022.6 sq. ft.) including both floor area and outside display
and shall be set back from the front lot line 15 metres (49.2 ft.) for a
building or structure that is erected so not to be moved and 7.5 metres
(24.6 ft.) for a building or structure that is portable and removed at the end
of the growing season.
(m)
SPECIALTY FARM
Notwithstanding the minimum lot area regulations of Section 6(3)(a), a
specialty farm may have a minimum lot area of 10 hectares (24.7 acres).
A specialty farm is restricted to agricultural operators of specialty crops.
(n)
The provisions of section 3
(o)
SHIPPING CONTAINERS
(i)
(ii)
(iii)
(iv)
(v)
(4)
purpose of supplementary housing to an agricultural restrictive use
on any lot in the AR Zone or for the harboring of livestock.
A shipping container will not be permitted on a lot where the area is
less than 5,000 square metres.
All shipping containers must be contained within an interior side or rear
yard that does not abut a residential use.
The number of shipping containers to be located on a lot in the AR
Zone shall not exceed one (1).
Any shipping container located on an agricultural property shall be in
accordance with the requirements of the AR Zone.
SPECIAL PROVISIONS
(a)
AR-1 (CHICKEN BROILER OPERATION)
contrary, within any area zoned AR-1 on Schedule "A" hereto, an existing
chicken broiler operation shall also be permitted. All other requirements of
(b)
AR-2 (TWO DWELLING UNITS)
contrary, within any area zoned AR-2 on Schedule “A” hereto, in addition
to the uses permitted in the Agricultural Restrictive (AR) Zone, a maximum
of two single detached dwelling units shall also be permitted. All other
By-Law 110-01, March, 2015
6-5
SECTION 6
(c)
AR-3 (THREE DETACHED DWELLINGS PERMITTED)
Notwithstanding the provisions of Section 3(3)(d) or Section 6(2) of this
By-Law to the contrary, within any area zoned AR-3 on Schedule “A”
hereto, in addition to the uses permitted in the Agricultural Restrictive (AR)
Zone, a maximum of three single detached dwelling units shall also be
(d)
AR-4 (TRADESMAN’S SHOP OR A SERVICE SHOP)
to the uses permitted in the Agricultural Restrictive (AR) Zone, a
tradesman’s shop or a service shop shall also be permitted. All other
(e)
AR-5 (RIDING ARENA/LIVESTOCK LIMITS)
to the uses permitted in the Agricultural Restrictive (AR) Zone, a horse
riding arena and horse training centre shall also be permitted with the
number of livestock units permitted being limited to four. All other
(f)
AR-6 (DWELLING UNIT NOT PERMITTED)
Notwithstanding the provisions of Section 3(3)(d) or Section 6(2) of this
By-Law to the contrary, within any area zoned AR-6 on Schedule “A”
hereto, no dwelling unit shall be permitted. All other requirements of the
By-Law shall apply.
(g)
AR-7 (VETERINARY CLINIC)
to the uses permitted in the Agricultural Restrictive (AR) Zone, a veterinary
clinic shall also be permitted. However, no outside storage or kennels are
(h)
AR-8 (REDUCED SEPARATION)
Notwithstanding the provisions of this By-Law to the contrary, within any
area zoned AR-8 on Schedule “A” hereto, it is recognized that the
minimum distance separation has not been met. All other requirements of
(i)
AR-9 (KENNEL)
By-Law 110-01, March, 2015
6-6
SECTION 6
the contrary, within any area zoned AR-9 on Schedule “A” hereto, in
addition to the uses permitted in the Agricultural Restrictive (AR) Zone, a
kennel and accessory uses such as dog runs located a minimum of 30
metres from the nearest residence on an adjoining property, with the
maximum size of the kennel being 20 square metres and the maximum
number of dogs set at 14 shall also be permitted. The number of pens
shall be restricted to four inside pens and 2 outside runs and there shall
be no boarding of dogs. All other requirements of the By-Law shall apply.
(j)
AR-10 (SADDLERY BUSSINESS)
zoned AR-10 on Schedule “A” hereto, in addition the uses permitted in the
AR zone a business involved in selling, saddles, bridles, tack, riding wear,
and other related equestrian goods and paraphernalia, limited to 2,309
square metres, shall also be permitted. The buildings and structure related
to the business use shall be located to the west of a line coincident with a
southerly project of the centre line of Madelene Street. All other
requirements of the by-law shall apply (Map 61)
(k)
AR-11 (LIVESTOCK LIMITS)
contrary, within any area zoned AR-11 on Schedule “A” hereto, a horse
farm operation with the number of livestock units limited to 12 shall be
(l)
AR-12 (AGRICULTURAL SERVICE AND SUPPLY ESTABLISHMENT)
to the uses permitted in the Agricultural Restrictive (AR) Zone, an
agricultural service and supply establishment shall also be permitted. All
(m)
AR-13 (MANUFACTURING FARM RELATED)
to the uses permitted in the Agricultural Restrictive (AR) Zone, a metal
manufacturing and fabrication plant as well as bulk kilns, portable
buildings and farm produce handling equipment and related retail sales
(Map 74)
(n)
AR-14
Exception number not assigned.
By-Law 110-01, March, 2015
6-7
SECTION 6
(o)
AR-15 (TRUCK PARKING AND MAINTENANCE)
to the uses permitted in the Agricultural Restrictive (AR) Zone, the parking
of transport trucks within an area measuring 185 square metres shall also
be permitted. A truck maintenance shop that is located within a building
not exceeding a maximum gross floor area of 92 square metres shall also
be permitted. No truck parking area and no maintenance shop building
shall be located within 30 metres of the westerly side yard. A maximum of
3 transport trucks (3 tractors and 3 trailers) may be located on the lands.
No parts or materials shall be stored or kept outside the building and the
residential character of the property shall be maintained. All maintenance
work conducted on the trucks shall be confined to inside the maintenance
shop building. All other requirements of the By-Law shall apply.
(p)
AR-16 (BERMS)
to the uses permitted in the Agricultural Restrictive (AR) Zone, earth
berming and tree screening accessory to an existing extractive operation
(q)
AR-17 (TRUCKING BUSINESS)
area zoned AR-17 on Schedule “A” hereto, an existing trucking business
as described in Schedule “B” hereto shall be permitted. All other
requirements of the By-Law shall apply. (Map 14, 15 & 15A)
(r)
AR-18 (FISH FARM)
to the uses permitted in the Agricultural Restrictive (AR) Zone, a fish farm
(s)
AR-19 (CONTRACTOR’S YARD)
to the uses permitted in the Agricultural Restrictive (AR) Zone, a
contractor’s yard shall also be permitted. All other requirements of the ByLaw shall apply. (Maps 57 & 73)
(t)
AR-20 (LIVESTOCK IN A WELLHEAD PROTECTION AREA, ETC.)
By-Law 110-01, March, 2015
6-8
SECTION 6
contrary, within any area zoned AR-20 on Schedule “A” hereto, the
livestock operations existing at the date of passage of this By-Law shall be
recognized as a permitted use and the maximum number of livestock units
accommodated in buildings and structures shall be 100, provided that a
Nutrient Management Plan is submitted to and approved by the County of
Brant. As well three (3) single detached dwellings are permitted on these
lands. All other requirements of the By-Law shall apply. (Maps 10 & 11)
(u)
AR-21 (LIVESTOCK IN A WELLHEAD PROTECTION AREA)
livestock operation existing at the date of passage of this By-Law shall be
Brant. (Map 10)
(v)
Brant. (Map 76)
(w)
Brant. (Map 58)
(x)
AR-24 (LIVESTOCK USE)
existing 200 livestock unit broiler operation (40,000 broilers) is recognized
as a legal non-conforming use of land and an expansion of this broiler
operation is permitted to accommodate an additional 200 livestock units,
subject to the submission and approval of a nutrient management plan,
the owner entering into an Agreement pursuant to Section 41 of the
By-Law 110-01, March, 2015
6-9
SECTION 6
Planning Act, and the prohibition of manure spreading on these lands and
the prohibition of outdoor storage of manure on these lands. All other
(y)
AR-25 (CAT AND DOG KENNEL)
area zoned AR-25 on Schedule ‘A’ hereto, a boarding kennel for cats and
dogs may be a permitted use. All other requirements of the By-Law shall
apply. (Map 73)
(z)
AR-26 (DEVELOPMENT LIMIT)
area zoned AR-26 on Schedule “A” hereto, no agricultural buildings or
structures, including livestock facilities and accessory buildings or
structures, or any part of a new private sewage disposal system and well
shall be located more than 220 metres from the southern limit of Howell
Road as it exists on the date that this By-Law is passed. All other
requirements of the By-Law shall apply. (Maps 14, 15 & 15A)
(aa)
Space.
(bb)
AR-29 (RURAL HOME OCCUPATION)
Notwithstanding any provision of this By-law to the contrary, within ay area
zoned AR-29 on Schedule “A” hereto, in addition to the permitted uses of
the Zone an automotive restoration and race car preparation business,
having a maximum gross floor area of 450.5m² contained within an
accessory structure, and a maximum of 5 employees shall be permitted.
All other requirements of the By-law shall apply. (Key Maps 59 & 75)
(cc)
AR-30 (RURAL HOME OCCUPATION)
area zoned AR-30 on Schedule “A” hereto, Notwithstanding By-law 15703 and any of the provisions within Section 3(8) Rural Home Occupation,
an oversized accessory structure with a maximum gross floor area of 550
sq. m. (5,920.1 sq. ft.) accessory to the existing rural home occupation
shall be permitted. A total gross floor area of 847 sq.m. (9,117 sq. ft.)
relating to structures or buildings shall be permitted for the rural home
occupation use. All other requirements of the By-law shall apply. (Maps
111A &112)
(dd)
Space.
(ee)
Space.
By-Law 110-01, March, 2015
6-10
SECTION 6
(ff)
AR-33 (SCOTLAND AGROMART)
Notwithstanding the provisions of Section 3 of this By-Law to the contrary,
within any area zoned AR-33 on Schedule “A” hereto, in addition to the
uses permitted, a fertilizer blending station shall also be permitted. All
other requirements of the By-Law shall apply. (Maps 94, 111A, & 112)
(5)
TEMPORARY USES
(a)
T-AR-2-08-25-2035 (GARDEN SUITE)
zoned T-AR-2-08-25-2035 on Schedule “A” hereto, a garden suite shall be
permitted for a period of twenty (20) years being removed on or before
August,25,2035. All other requirements of the By-law shall apply. (Maps 18, 18A,
& 10)
By-Law 110-01, March, 2015
7-1
SECTION 7
(1)
RESIDENTIAL FIRST DENSITY (R1) ZONE
SCOPE
The provisions of this Section shall apply in all Residential First Density (R1)
Section.
(2)
USES PERMITTED
No person shall within any R1 Zone, use any lot or erect, alter or use any
building or structure for any purpose except for one or more of the following R1
Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(3)
single detached dwelling;
existing duplex or converted dwelling;
existing places of worship;
residential home occupation;
accessory use;
school, elementary;
park, public;
public use.
Dwelling- second unit, within a single detached, semi-detached or
rowhouse dwelling
ZONE REQUIREMENTS
No person shall within any R1 Zone, use any lot or erect, alter or use any
building or structure except in accordance with the following provisions. R1
Zones are intended for lots with both municipal water and sanitary sewers.
(a)
LOT AREA (MINIMUM)
465 m²
(b)
15.0 m
(c)
6.0 m
(d)
- with attached garage or carport
1.2 m
- without attached garage or carport
3.0 m on one side and 1.2 m on
the other side
(e)
By-Law 110-01, March, 2015
6.0 m
7-2
SECTION 7 RESIDENTIAL FIRST DENSITY (R1) ZONE
(f)
6.0
(g)
(4)
35%
(h)
30%
(i)
HEIGHT (MAXIMUM)
10.5 m
(j)
1 only
(k)
The provisions of Section 3.
SPECIAL PROVISIONS
(a)
R1-1 (LOT FRONTAGE)
contrary, within any area zoned R1-1 on Schedule “A” hereto, the
minimum lot frontage shall be 12.0 metres and the minimum exterior side
yard shall be 4.5 metres. All other requirements of the By-Law shall apply.
(b)
R1-2 (LOT COVERAGE)
following development standards shall apply:
1.
Lot Frontage (Minimum) – 10.5 meters
2.
Lot Coverage (Maximum) – 40%
3.
Height (Maximum)
– 6.1 meters
All other requirements of the By-law shall apply. (Maps 18 and 18A)
(c)
R1-3 (EXTERIOR SIDE YARD)
minimum exterior side yard shall be 4.5 metres. All other requirements of
the By-Law shall apply. (Maps 15 & 15A)
(d)
R1-4 (LOT COVERAGE)
area zoned R1-4 on Schedule ‘A’ hereto, the maximum lot coverage shall
be 40 percent. All other requirements of the By-Law shall apply. (Map 31)
(e)
R1-5 (SPECIFIC REGULATIONS)
area zoned R1-5 on Schedule “A” hereto, the following minimum
development standards shall apply:
By-Law 110-01, March, 2015
7-3
Front yard depth: 4.5m (provided no part of the structure used as a
garage is closer than 6.0m to the front lot line, and
that no garage portion of a dwelling is located nearer
to the street line than the habitable part of the
dwelling)
Exterior Side Yard: 3.0m
Lot Coverage:
40% (maximum)
(f)
R1-6 (DEVELOPMENT STANDARDS)
area zoned R1-6 on Schedule “A” hereto the maximum lot coverage shall
be 40 percent and no building or structure including an accessory building
or structure, or a swimming pool, shall be located within the nondevelopment area of any lot as shown on Schedule ”B” hereto. All other
(g)
area zoned R1-7 on Schedule “A” hereto, the minimum exterior side yard
shall be 4.5 metres and no part of a dwelling shall be less than 15.4
metres to the south property line. All other requirements of the By-Law
shall apply. (Maps 15 & 15A)
(h)
R1-8 (LOT FRONTAGE AND LOT AREA)
Notwithstanding the provisions of Sections 7(a) and 7(b) of this by-law to
the contrary, within any area zoned R1-8 on Schedule ‘A’ hereto, the
minimum lot area shall be 380 m2, and the minimum lot frontage shall be
12 metres. All other requirements of the By-law shall apply (Maps 19 and
19B)
(i)
area zoned R1-9 on Schedule “A” hereto, development may be permitted
subject to:
i)
the maximum number of dwelling units be 23;
ii)
a lot is considered to be the land area which constitutes a Unit of a
condominium corporation;
iii)
a lot does not require frontage on a public street;
iv)
lot area, lot frontage and yards shall be determined as if the
common element road were a public street;
v)
the minimum lot frontage shall be 14.0 metres;
By-Law 110-01, March, 2015
7-4
vi)
for the purpose of this zone “adjacent” means abutting or separated
only by a portion of the common element
vii)
a lot with a rear yard adjacent to Willow Street shall have a
minimum lot area of 400 square metres, a lot with a rear yard not
adjacent to Willow Street shall have a minimum lot area of 300
square metres;
viii)
a minimum interior side yard adjacent to Willow Street shall be 0.0
metres;
ix)
a minimum rear yard abutting Willow Street shall be 3.0 metres,
and 0.0 metres for any other rear yard;
x)
the minimum front yard depth shall be 4.5m except to a garage
which shall be 5.5m; and
xi)
a lot with a rear yard adjacent to Willow Street shall have a
maximum lot converge of 45%, any lot with a rear yard not adjacent
to Willow Street shall have a maximum lot coverage of 65%.
All other requirements of the By-Law shall apply. (Maps 19 & 19B)
(j)
area zoned R1-10 on Schedule “A” hereto, the following development
standards shall apply:
i. Minimum lot area
380 square metres
ii. Minimum lot frontage
12.0 metres
iii. Minimum front yard depth 4.5 metres (for habitable portion),
provided that no part of a garage is
located closer than 6.0 metresto a street
iv. Minimum exterior side yard
4.5 metres
v. Maximum lot coverage
45%
All other requirements of the By-law shall apply. (Key Maps 19 & 19B)
(k)
vi.
Minimum lot area 375 square metres
vii. Minimum lot frontage
12.0 metres
viii. Minimum front yard depth 4.5 metres (for habitable portion),
provided no part of a garage is located
closer than 6.0 metresto a street
ix. Maximum lot coverage
45%
By-Law 110-01, March, 2015
7-5
(l)
R1-12 (LOT AREA AND FRONTAGE)
zoned R1-12 on Schedule “A” hereto, the following lot area and lot coverage’s
shall apply;
Municipal Address
19 Irongate Drive (Lot 5)
Lot Area
460m²
416m²
416m²
---
Lot Coverage
45%
--45%
45%
(m)
R1-13 (DECREASED LOT AREA AND FRONTAGE)
Notwithstanding any provision of this By-Law to the contrary, within any area
zoned R1-13 on Schedule “A” hereto, a decreased lot area of 390m² and lot
frontage of 13.0m shall be permitted. All other requirements of the By-law shall
apply (Maps 18 and 18A)
(n)
R1-14 (DECREASED LOT FRONTAGE)
zoned R1-14 on Schedule “A” hereto, a decreased lot frontage of 12.0m shall be
permitted. All other requirements of the By-law shall apply. (Maps 19 & 19B)
(o)
area zoned R1-15 on Schedule “A” hereto, the permitted use of land shall
be limited to single detached dwellings and accessory uses, buildings and
structures, subject to the following zone requirements:
•
•
•
A lot is considered to be the land area which constitutes a unit of a
condominium corporation.
A lot does not require frontage on a public street.
Lot area, lot frontage and yards shall be determined as if the common
element road were a public street.
Maximum number of dwelling units: 20
Minimum lot area:
290 square metres
Minimum lot frontage:
13.5 meters
Minimum front yard depth: 4.5 metres provided except to a garage which
shall be 5.5 metres
Minimum interior side yard:1.2 metres on one side and 0.6 metres on the
By-Law 110-01, March, 2015
7-6
other side provided there is a minimum of 1.8
metres between dwellings on two attached
lots and provided any permitted encroachment is at
least 0.3 metres from a lot line.
Minimum exterior side yard:4.5 metres
Minimum rear yard:
6.0 metres except any lot abutting an EP-1
Zone may have a minimum rear yard of 0.0 metres.
Maximum lot coverage:
45% except any lot abutting an EP-1 Zone
may have a maximum lot coverage of 65%
Other provisions:
An uncovered deck shall not be considered as part of
lot coverage.
All other requirements of By-law 110-01 shall apply. (Key Map 31)
(q)
Notwithstanding any provisions of this By-law to the contrary, within any area
zoned R1-16 on Schedule “A” hereto, in addition to the uses permitted in the
Residential First Density (R1) Zone, a semi-detached dwelling or street rowhouse
in accordance with the development standards of the Special Provision
Residential Third Density (R3-18) Zone shall also be permitted, and the following
provisions shall apply with respect to single detached dwellings:
Front Yard depth (Minimum)
Exterior Side Yard (Minimum)
Lot Coverage (Maximum)
Lot Frontage (minimum)
Lot Area (minimum)
4.5m provided no part of the
structure used as a carport or
garage is closer than 5.5m to the
front lot line.
3.0m
40%
11.0 metres
385 square metres
All other requirements of the By-law shall apply (Key Map 31). *Duplicate
Exception Number of R1-14 was awarded. Changed to R1-16 for time being. Will
be addressed within ZBA Update.
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
8-1
SECTION 8
(1)
RESIDENTIAL TYPE 1A (R1A) ZONE
SCOPE
The provisions of this Section shall apply in all Residential Type 1A (R1A) Zones
except as otherwise provided in the Special Provisions subsection of this
Section.
(2)
USES PERMITTED
No person shall within any R1A Zone, use any lot or erect, alter or use any
building or structure for any purpose except for one or more of the following R1A
Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(3)
accessory use;
school, elementary;
park, public;
public use.
rowhouse dwelling
ZONE REQUIREMENTS
No person shall within any R1A Zone, use any lot or erect, alter or use any
building or structure except in accordance with the following provisions. R1A
Zones are intended for development having both municipal water and sanitary
sewers.
(a)
LOT AREA (MINIMUM)
540 m²
(b)
18.0 m
(c)
6.0 m
(d)
1.5 m
3.0 m on one side and 1.5
m on the other side
By-Law 110-01, March, 2015
8-2
SECTION 8
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM) 6.0 m
(f)
6.0 m
(4)
(g)
35%
(h)
30%
(i)
HEIGHT (MAXIMUM)
10.5 m
(j)
1 only
(k)
The provisions of Section 3
SPECIAL PROVISIONS
(a)
R1A-1 (MONOLITHIC BASEMENT)
contrary, within any area zoned R1A-1 on Schedule "A" hereto, in addition
to the zone regulations for detached dwelling units, a monolithic basement
and gas collection and venting system shall be permitted. All other
(b)
R1A-2 (DAY CARE)
contrary, within any area zoned R1A-2 on Schedule “A” hereto, in addition
to the uses permitted in the Residential Type 1A (R1A) Zone, a day care
(c)
R1A-3 (GOLF LINKS DEVELOPMENT)
Notwithstanding any provisions of Sections 8(2) and 8(3) of this By-Law to
the contrary, within any area zoned R1A-3 on Schedule “A” hereto, the
following special provisions shall apply:
(i)
Permitted Uses:
1. A maximum of 450 dwelling units in the form of detached
dwellings, semi-detached dwellings, and/or rowhouse dwellings
as well as accessory buildings.
2. No more than 135 rowhouse dwelling units are permitted.
3. Any use permitted in the OS-3 Zone.
(ii)
Requirements:
1. The minimum setback from abutting lands zoned R1A is 30
metres, with the exception of the easterly boundary, where this
setback will not apply if abutting lands are held in common
ownership.
By-Law 110-01, March, 2015
8-3
SECTION 8
(5)
The minimum setback from all other property lines shall be 9.1
metres.
2. The maximum number of dwelling units per building shall be 8
units.
3. The maximum building height shall be 10.7 metres.
4. All other requirements of the By-Law shall apply.
(d)
R1A-4 (EXECUTIVE SUITES AND OFFICE)
contrary, within any area zoned R1A-4 on Schedule “A” hereto, in addition
to the uses permitted in the Residential Type 1A (R1A) Zone, six
executive suites shall also be permitted at 141 Golf Links Road and five
executive suites and an office shall be permitted at 149 Golf Links Road,
said executive suites and offices being accessory to the Paris Grand Golf
Course operations. All other requirements of the By-Law shall apply.
(e)
Space.
(f)
Space.
TEMPORARY USES
By-Law 110-01, March, 2015
9-1
SECTION 9
(1)
RESIDENTIAL TYPE 1B (R1B) ZONE
SCOPE
The provisions of this Section shall apply in all Residential Type 1B (R1B) Zones
Section.
(2)
USES PERMITTED
No person shall within any R1B Zone, use any lot or erect, alter or use any
building or structure for any purpose except for one or more of the following R1B
Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(3)
accessory use;
school, elementary;
park, public;
public use.
rowhouse dwelling
ZONE REQUIREMENTS
No person shall within any R1B Zone, use any lot or erect, alter or use any
building or structure except in accordance with the following provisions. R1B
Zones are intended for development that has at least municipal and/or communal
sanitary sewers.
(a)
LOT AREA (MINIMUM)
- with municipal water and municipal sanitary sewers 650 m²
- with communal and/or municipal sanitary services only
1000 m²
- with municipal water only
1000 m²
(b)
20.0 m
(c)
7.5 m
(d)
By-Law 110-01, March, 2015
2.0 m
9-2
SECTION 9
(4)
3.0 m on one
side and 2.0 m on the
other side
(e)
7.5 m
(f)
(g)
30%
(h)
30%
(i)
HEIGHT (MAXIMUM)
10.5 m
(j)
1 only
(k)
7.5 m
SPECIAL PROVISIONS
(a)
R1B-1 (TRANSPORT/TRUCK TERMINAL)
contrary, within any area zoned R1B-1 on Schedule “A” hereto, in addition
to the uses permitted in the Residential Type 1B (R1B) Zone, a cartage,
express or truck terminal or yard shall also be permitted. All other
(b)
R1B-2 (SERVICE SHOP)
Notwithstanding the provisions of Section 9 (2) of this By-Law to the
contrary, within any area zoned R1B-2 on Schedule "A" hereto, in addition
to the uses permitted in the Residential Type 1B (R1B) Zone, an
automobile repair establishment including the hire and sale of automobiles
shall also be permitted. Furthermore, the gross floor area of the service
shop shall not exceed 72 square metres, no outside storage of vehicles or
parts shall be permitted. The use will be subject to a site plan agreement
registered on title. All other requirements of the By-Law shall apply.
(c)
R1B-3 (SERVICE SHOP)
contrary, within any area zoned R1B-3 on Schedule “A” hereto, in addition
to the uses permitted in the Residential Type 1B (R1B) Zone, a service
shop shall also be permitted. Furthermore, the gross floor area of the
service shop shall not exceed 89 square metres and no outside storage
By-Law 110-01, March, 2015
9-3
SECTION 9
(d)
R1B-4 (ACCESSORY STRUCTURES)
area zoned R1B-4 on Schedule “A” hereto, the total lot coverage of all
accessory buildings shall not be greater than 319 square metres, provided
that any accessory building erected in a front yard shall be no larger than
50 square metres, have an overall height not greater than 5.0 metres, and
further, no accessory building in a rear yard shall exceed an overall height
of 7.6 metres. All other requirements of the By-Law shall apply. (Map 31)
(5)
(e)
Space.
(f)
Space.
TEMPORARY USES
By-Law 110-01, March, 2015
10-1
SECTION 10
(1)
VILLAGE RESIDENTIAL (VR) ZONE
SCOPE
The provisions of this Section shall apply in all Village Residential (VR) Zones
Section.
(2)
USES PERMITTED
No person shall within any VR Zone, use any lot or erect, alter or use any
building or structure for any purpose except for one or more of the following VR
Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(3)
existing place of worship;
school, elementary;
accessory use;
park, public;
public use.
ZONE REQUIREMENTS
No person shall within any VR Zone, use any lot or erect, alter or use any
building or structure except in accordance with the following provisions. VR
Zones are intended for development with or without a piped municipal water
supply.
(a)
LOT AREA ( MINIMUM)
- With municipal water
- Without municipal water
(b)
1000 m²
3000 m²
FRONTAGE (MINIMUM)
- With municipal water
- Without municipal water
(c)
(d)
INTERIOR SIDE YARD (MINIMUM)
23.0 m
35.0 m
9.0 m
2.0 m
By-Law 110-01, March, 2015
10-2
SECTION 10
(4)
4.0 m on one side and 2.0
m on the other side
(e)
7.5 m
(f)
(g)
30%
(h)
30%
(i)
HEIGHT (MAXIMUM)
10.5 m
(j)
1 only
(k)
9.0 m
SPECIAL PROVISIONS
(a)
VR-1 (SERVICE SHOP)
contrary, within any area zoned VR-1 on Schedule “A” hereto, in addition
to the uses permitted in the Village Residential (VR) Zone, a service shop
and associated outside storage area not exceeding 12 metres by 7.5
metres shall also be permitted. A minimum front yard of 15 metres and a
minimum side yard of 15 metres shall also be required. All other
(b)
VR-2 (ASSEMBLY HALL AND MUNICIPAL OFFICE)
to the uses permitted in the Village Residential (VR) Zone, an assembly
hall and a municipal office shall also be permitted. All other requirements
(c)
VR-3 (SERVICE SHOP)
for printing and lithography shall also be permitted. All other requirements
(d)
VR-4 (TRACTOR TRAILER PARKING)
By-Law 110-01, March, 2015
10-3
SECTION 10
Notwithstanding the provisions of Section 10(2)of this By-Law to the
to the uses permitted in the Village Residential (VR) Zone, the parking of
one tractor trailer truck but no structures accessory to the truck parking
(e)
VR-5 (AGRICULTURE ONLY)
contrary, within any area zoned VR-5 on Schedule “A” hereto, only an
agricultural use shall be permitted. No buildings or structures shall be
(f)
VR-6 (LIMITED RETAIL AND SERVICE)
to the uses permitted in the Village Residential (VR) Zone, the sale and
service of weight scales shall also be permitted. All other requirements of
(g)
VR-7 (MOBILE HOME)
contrary, within any area zoned VR-7 on Schedule “A”, in addition to the
uses permitted in the Village Residential (VR) zone, a maximum of two
dwelling units shall also be permitted with one unit in the form of a mobile
home. All other requirements of the By-Law shall apply.
(h)
VR-8 (AUTOMOBILE REPAIR GARAGE)
to the uses permitted in the Village Residential (VR) Zone, an automobile
repair garage shall also be permitted. Furthermore, all work conducted on
the vehicles shall be confined to the garage with the maximum gross floor
area used for the repair of automobiles being limited to not more than 145
square metres. Finally, there shall be no outside storage of parts or
materials. All other requirements of the By-Law shall apply.
(i)
VR-9 (SERVICE SHOP)
shall also be permitted. The gross floor area of this use shall not exceed
40 square metres and shall be confined to the interior of the building. No
outside storage of materials or finished product shall be permitted. All
By-Law 110-01, March, 2015
10-4
SECTION 10
(j)
VR-10 (NO MDS 1)
Notwithstanding the provisions of this By-Law to the contrary, within any
area zoned VR-10 on Schedule “A” hereto, no minimum distance
separation (MDS 1) regulations shall apply. All other requirements of the
By-Law shall apply.
(k)
VR-11 (DWELLING SIZE)
Notwithstanding the provisions of Section 3(3)(c)(i) of this By-Law to the
contrary, within any area zoned VR-11 on Schedule ‘A’ hereto, the
minimum floor area of a one-storey dwelling shall 150 square metres, and
the minimum floor area of any other dwelling shall be 200 square metres.
(l)
VR-12 (PERSONAL SERVICE SHOP)
Notwithstanding anything in this By-Law to the contrary, in addition to the
permitted uses in the Village Residential (VR) Zone, within any area zoned
VR-12 on Schedule ‘A’ hereto, a personal service shop, not to exceed
142.5 square metres, shall also be permitted and total coverage of
accessory buildings and/or accessory structures shall not exceed 163.0
square metres. All other requirements of the By-Law shall apply. (Map 96)
(m)
VR-13 (LOT FRONTAGE)
area zoned VR-13 on Schedule ‘A’ hereto, the minimum lot frontage shall
(n)
VR-14 (SERVICE SHOP)
zoned VR-14 on Schedule "A" hereto, in addition to the uses permitted in
the Village Residential (VR) Zone, a service shop having a maximum
gross floor area of 144 square metres shall also be permitted. All other
requirements of the By-Law shall apply. (Maps 4 & 4A)
(o)
VR-15 (FRONTAGE ON A PUBLIC STREET)
zoned VR-15 on Schedule "A" hereto, no frontage on a public street shall
be required. All other requirements of the By-Law shall apply. (Map 24)
(p)
VR-16 (FRONTAGE)
area zoned VR-16 on Schedule A hereto, the minimum lot frontage shall
be 30.0 metres. All other requirements of the By-Law shall apply. (Map
61)
By-Law 110-01, March, 2015
10-5
SECTION 10
(q)
VR-17 (DEVELOPMENT STANDARDS)
area zoned VR-17 on Schedule “A” hereto, the minimum total lot area
shall be 830.0 square metres and the minimum lot frontage shall be 23.0
metres. As well, the following development standards shall apply to the
existing building, as of January 1, 2006:
Front yard depth (minimum)
6.7 metres
Rear yard depth (minimum)
1.2 metres
Total lot coverage (maximum)
40 %
Landscaped open space (minimum)
10 %
Required on-site parking
0 spaces
(r)
VR-18 (FRONTAGE)
area zoned VR-18 on Schedule ‘A’ hereto, the minimum frontage shall be
32.0 metres. All other requirements of the By-Law shall apply. (Map 30)
(s)
area zoned VR-19 on Schedule ‘A’ hereto, the minimum side yard setback
shall be 20.0 metres. All other requirements of the By-Law shall apply.
(Map 30)
(t)
VR-20 (FRONTAGE)
be 15.0 metres. All other requirements of the By-Law shall apply. (Map 95)
(u)
VR-21 (ACCESSORY BUILDING)
area zoned VR-21 on Schedule “A” hereto, an accessory building with a
total gross floor area of 158 square metres and a height of 6.1 metres
shall be permitted. The building may be used for the indoor storage of
equipment and materials for a landscaping business. All other
requirements of the By-Law shall apply. (Maps 82 & 83)
(v)
VR-22 (SPECIAL SETBACKS, ETC.)
area zoned VR-22 on Schedule “A” hereto, no building or structure,
including a swimming pool or any part of a sewage disposal system may
be located within 6.0 metres of the top of slope as determined and
interpreted by the Grand River Conservation Authority. The accessory
By-Law 110-01, March, 2015
10-6
SECTION 10
(w)
building existing as of August 1, 2007 is deemed to have legal, albeit, nonconforming status. All other requirements of the By-Law shall apply.
(Map 30)
VR-23 (AVIARY)
area zoned VR-23 on Schedule ‘A’ hereto, an aviary, with a floor area not
greater than 34.0 square meters, may be permitted as a residential home
occupation within an existing accessory building, and the following shall
apply to the to the aviary:
(i)
At no time are more than an aggregate of 50 lovebirds, parrolets
and budgies permitted in the aviary portion of the accessory
building, all of which must be no larger than 25 centimetres in
length, measured from top of head to bottom of tail.
(x)
VR-24 (LOT FRONTAGE)
be 20.0 metres. All other requirements of the By-Law shall apply. (Map
77)
(y)
area zoned VR-25 on Schedule “A” hereto, a new accessory building may
be constructed with a maximum height of 7.6 metres and the total
coverage of all accessory buildings on the lot shall not exceed 186 square
metres as well, the parking or storing of a commercial vehicle on these
lands shall not be permitted. The location of the new accessory building
shall be as shown on dwg. no. 8012-1, prepared by J.H. Cohoon
Engineering Ltd and dated January 31, 2008. All other requirements of
(z)
VR-26 (AGRICULTURAL USE)
area zoned VR-26 on Schedule “A” hereto, development of these lands
shall be in compliance with the regulations of the Agricultural (A) zone,
except that any livestock use or livestock buildings, shall not be permitted.
(aa)
VR-27 (ACCESSORY BUILDING HEIGHT AND COVERAGE)
area zoned VR-27 on Schedule “A” hereto, the total lot coverage of
accessory buildings may be 185 square metres and the height of the new
135 square metre building (more or less) may be 7.0 metres. Further,
By-Law 110-01, March, 2015
10-7
SECTION 10
Section 3(19)(l)(iv) shall not apply. All other requirements of the By-Law
shall apply. (Maps 63 & 64)
(bb)
VR-28 (FRONTAGE)
area zoned VR-28 on Schedule “A” hereto, the minimum lot frontage shall
be 6.7 metres. All other requirements of the By-Law shall apply. (Map 61)
(cc)
area zoned VR-29 on Schedule “A” hereto, a new accessory building may
be constructed with a maximum height of 7.6 metres and the total
coverage of all accessory buildings on the lot shall not exceed 160.5,
square metres. All other requirements of the By-Law shall apply. (Map
102)
area zoned VR-30 on Schedule “A” hereto, the minimum front yard
setback shall be 20.0 metres. All other requirements of the By-Law shall
apply. (Map 77)
(dd)
(ee)
area zoned VR-31 on Schedule “A” hereto, the total lot coverage for all the
accessory buildings shall be 270 square meters with a maximum height of
6.1 meters. All other requirements of the By-Law shall apply. (Maps 111,
111a)
(ff)
VR-32 (CONVERTED DWELLING UNIT)
area zoned VR-32 on Schedule “A” hereto, in addition to the uses
permitted in the Village Residential (VR) Zone, a converted dwelling shall
be a permitted use. All other requirements of the By-Law shall apply.
(Maps 34 & 35)
(gg)
VR-33 (REDUCED FRONTAGE)
area zoned VR-33 on Schedule “A” hereto, the minimum lot frontage shall
be 12.0 metres. All other requirements of the By-law shall apply. (Maps 34
& 35)
(hh)
VR-34 (NO SETBACK)
area zoned VR-34 on Schedule “A” hereto, the minimum setback for all
By-Law 110-01, March, 2015
10-8
SECTION 10
structures, including but not limited to, a single family dwelling, a
swimming pool, deck or septic system is 0.0 meters measured from the
EP-1 Zone limit. All other requirements of the By-law shall apply. (Map 78)
(ii)
VR-35 (ACCESORY BUILDING)
area zoned VR35 on Schedule “A” hereto, an accessory building coverage
with a total gross floor area of 150 square meters and an overall height of
11.6 metres shall be permitted. (Map 30)
(jj)
Notwithstanding anything in this by-law to the contrary, within any area
zoned VR-36 on Schedule “A” hereto, the minimum lot frontage shall be
22.3 metres. All other requirements of the By-law shall apply. (Map 77)
(kk)
VR-37 (TRADESMAN’S SHOP)
area zoned VR-37 on Schedule “A” hereto, in addition to uses permitted in
the Village Residential (VR) zone, a tradesman’s shop and contractor’s
yard for an arborist and a tree cutting business including an area for
associated open storage of timber and logs shall also be permitted,
subject to the following:
• The total coverage of all buildings associated with the use shall not
exceed an aggregate area of 560 square metres and the maximum
wall high of said building shall not exceed 5.0 metres;
• The minimum interior side yard for said buildings shall be 3.0 metres;
• The outside storage area shall not be greater than 4,000 square
metres and the height of store material shall not exceed 4.0 metres;
and
• No more than nine (9) vehicles related to the business may be on the
site;
All other provisions of the by-law shall apply. (Maps 95 & 96)
(ll)
VR-38 (AUTOMOTIVE USES)
permitted in the Village Residential (VR) zone limited motor vehicle sales
and motor vehicle repair shall also be permitted, subject to:
i)
no more than six (6) vehicles may be located on the property for
sales or repair at any time
ii)
sales and repair be limited to the sales and repair of passenger
cars and light trucks, no sales or repair of a commercial vehicle is
permitted
By-Law 110-01, March, 2015
10-9
SECTION 10
(mm) VR-39 (LIVESTOCK LIMITS)
permitted in the Village Residential (VR) zone the maximum number of
livestock units permitted in a barn existing as of January 1, 2005, shall be
five (5) and the livestock shall be restricted to Animal Group One as
described on Schedule “B” of the By-law (horses and/or chicken broilers).
All other requirements of the By-law shall apply. (Key map 30)
(nn)
VR-40 (ACCESSORY STRUCTURE)
area zoned VR-40 on Schedule “A” hereto, the following shall apply; one
(1) accessory building with a maximum lot coverage of 154 square metres
and a maximum height of 5.4metres. All other requirements of the By-law
shall apply. (Key map 102)
(oo)
VR-41 (ACCESSORY BUILDINGS)
area zoned VR-41 on Schedule “A” hereto, the following shall apply; one
and a maximum height of 5.5 metres, with an overall combined area of
185m² for accessory structures on the property. All other requirements of
the By-law shall apply. (Key Map 95)
(pp)
VR-42 (EXISTING STRUCTURES)
Notwithstanding any provison of this By-law to the contrary, within any
area zoned VR-42 on Schedule “A” hereto, two single detached dwellings
and four greenhouses existing as of October 2013, shall be permitted. All
other requirements of the By-law shall apply. (Key Maps 95 & 96)
(qq)
VR-43 (REDUCED AREA AND FRONTAGE)
area zoned VR-43 on Schedule “A” hereto, a decreased lot area of
2,999.9m² and frontage of 33m shall be permitted. All other requirements
of the By-law shall apply. (Key Map 14)
(rr)
Space.
(ss)
Space.
By-Law 110-01, March, 2015
10-10
SECTION 10
(5)
TEMPORARY USES
(a)
T-VR-7-12-01-2019 (GARDEN SUITE)
contrary, within any area zoned T-VR-7-12-01-2019 on Schedule “A”, in
addition to the uses permitted in the Village Residential (VR) Zone, a
maximum of two dwelling units shall also be permitted with one unit in the
form of a mobile home provided that such mobile home is removed from
the property on or before December 1, 2019. The rear yard setback for
the mobile home shall be reduced to no less than 4.9 metres. All other
By-Law 110-01, March, 2015
11-1
SECTION 11
(1)
VILLAGE RESIDENTIAL TYPE 1 (VR1) ZONE
SCOPE
The provisions of this Section shall apply in all Village Residential Type 1 (VR1)
Section.
(2)
USES PERMITTED
No person shall within any VR1 Zone, use any lot or erect, alter or use any
building or structure for any purpose except for one or more of the following VR1
Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(3)
semi detached dwelling;
duplex dwelling;
converted dwelling;
school, elementary;
accessory use;
park, public;
public use.
ZONE REQUIREMENTS
No person shall within any VR1 Zone, use any lot or erect, alter or use any
building or structure except in accordance with the following provisions. VR1
Zones are intended for development with or without a piped municipal water
supply.
(a)
LOT AREA ( MINIMUM)
- with municipal water
1350 m² per unit
- without municipal water 3000 m² per unit
(b)
FRONTAGE (MINIMUM) 20.0 m per unit
(c)
(d)
INTERIOR SIDE YARD (MINIMUM)
- with attached garage or carport 1.5 m
3.0 m on one side and 1.5 m on
the other side
7.5 m
By-Law 110-01, March, 2015
11-2
SECTION 11
(4)
(e)
7.5 m
(f)
(g)
30%
(h)
30%
(i)
(j)
DWELLING UNIT AREA (MINIMUM)
HEIGHT (MAXIMUM)
90 m²
10.5 m
(k)
1 only
(l)
7.5 m
SPECIAL PROVISIONS
(a)
VR1-1 (TRANSPORT TRUCKS AND TRAILERS)
Notwithstanding any provisions of Section 11(2) of this By-Law to the
contrary, within any area zoned VR1-1 on Schedule “A” hereto, in addition
to the uses permitted in Village Residential Type 1 (VR1) Zone, the
parking of two transport trucks and trailers shall also permitted. All other
(b)
VR1-2 (DANCE STUDIO AND TRADESMAN’S SHOP)
contrary, within any area zoned VR1-2 on Schedule “A” hereto, in addition
to the uses permitted in the Village Residential Type 1 (VR1) Zone a
dance studio and a tradesman’s shop for a heating and cooling business
shall also be permitted. These uses shall be confined to the interiors of
the buildings and the maximum allowable square footage is limited to the
floor area that existed on November 15,1993. All other requirements of the
By-Law shall apply.
(c)
VR1-3 (LIMITED RETAIL)
Notwithstanding the provisions of Section 11(2) and 11(3) of this By-Law
to the contrary, within any area zoned VR1-3 on Schedule “A” hereto, in
addition to the uses permitted in the Village Residential Type 1 (VR1)
Zone, the retailing of craft and boutique items shall also be permitted. The
maximum gross floor area for retailing shall not exceed 25 square metres
and a minimum of 2 parking spaces shall be required. All other
requirements of the By-Law shall apply. (Map 57 & 57B)
VR1-4 (SERVICE SHOP)
(d)
By-Law 110-01, March, 2015
SECTION 11
11-3
contrary within any area zoned VR1-4 on Schedule “A” hereto, in addition
to the uses permitted in the Village Residential Type 1 (VR1) Zone, a
service shop having a maximum gross floor area of 75 square metres
(e)
VR1-5 (CONTRACTOR’S YARD)
to the contrary within any area zoned VR1-5 on Schedule “A” hereto, in
Zone, a contractor’s yard shall also be permitted. The lot coverage for any
building or uses associated with the business shall not exceed 5% of the
lot area. All other requirements of the By-Law shall apply.
(f)
VR1-6 (TRADESMAN’S SHOP)
to the contrary within any area zoned VR1-6 on Schedule "A" hereto, in
Zone, a tradesman’s shop for a heating and cooling business shall also be
permitted. The maximum gross floor area of said shop shall be 60 square
metres. No outside storage shall be permitted and a maximum of one
commercial vehicle shall be permitted to be parked outside on the
property. All other requirements of the By-Law shall apply.
(g)
VR1-7 (TRUCK PARKING)
Notwithstanding the provisions of Sections 11(2) and 11(3) of this By-Law
to the contrary, within any area zoned VR1-7 on Schedule “A” hereto, in
Zone, truck parking shall also be permitted provided that the lot coverage
for any building or uses associated with the truck use is limited to 5%
maximum coverage of the lot. All other requirements of the By-Law shall
apply.
(h)
VR1-8 (FUNERAL HOME)
contrary, within any area zoned VR1-8 on Schedule "A" hereto, in addition
to the uses permitted in the Village Residential Type 1 (VR1) Zone, a
funeral home shall also be permitted. All other requirements of the ByLaw shall apply.
(i)
VR1-9 (SERVICE SHOP AND OFFICES)
to the contrary, within any area zoned VR1-9 on Schedule "A" hereto, in
By-Law 110-01, March, 2015
SECTION 11
11-4
Zone, a service shop and office shall be permitted. All other requirements
(j)
VR1-10 (HAIR DRESSING SALON)
contrary, within any area zoned VR1-10 on Schedule "A" hereto, in
Zone, a hair dressing salon shall also permitted. All other requirements of
(k)
VR1-11 (CRAFTS)
Zone, the fabricating and retailing of ceramic products, crafts, and the
teaching of ceramics to pupils shall also permitted. Any buildings used for
the ceramic shop shall be limited to a maximum lot coverage of 10% of the
lot area. All other requirements of the By-Law shall apply.
(l)
VR1-12 (PRIVATE HOSPITAL)
Zone, a private hospital and home for the aged shall also be permitted. All
(m)
VR1-13 (VENDING SUPPLIES)
Zone, a vending supply business involving the storage, maintaining and
retailing of machines and vending supplies shall also be permitted.
However, said business must be conducted within the confines of the
buildings situated on the property and said buildings shall not exceed a
maximum lot coverage of 5% of the lot area. All other requirements of the
By-Law shall apply.
(n)
VR1-14 (NURSERY)
Zone, the growing and retailing of nursery products and related supplies
shall also be permitted. However, the maximum lot coverage for such use
shall be 80% of the lot area. All other requirements of the By-Law shall
apply.
By-Law 110-01, March, 2015
11-5
SECTION 11
(o)
VR1-15 (FURNITURE REPAIR)
Zone, a repair and retailing of furniture shall also be permitted. However,
the maximum floor area of said use shall not exceed a gross floor area of
40 square metres. All other requirements of the By-Law shall apply.
(p)
VR1-16 (TRUCKING)
contrary, within any area zoned VR1-16 on Schedule “A”, in addition to the
uses permitted in the Village Residential Type 1 (VR1) Zone, a cartage
and truck transport terminal or yard shall also be permitted. All other
(q)
VR1-17 (ANTIQUES)
Zone, the repair and retailing of antiques shall also be permitted. The
maximum gross floor area of said use shall be limited to 80 square
(r)
VR1-18 (BODY SHOP)
Zone, a body shop limited to a maximum lot coverage of 10% of the lot
area shall also be permitted. A privacy fence or tree planting screen shall
be located along the southerly, easterly and westerly boundaries of the
lands, and any building or use associated with the body shop shall be
located within 45 metres of the rear property line. All other requirements
(s)
VR1-19 (SCUBA)
Zone, a scuba diving business having a maximum gross floor area of 35
square metres shall also be permitted. All other requirements of the ByLaw shall apply.
(t)
VR1-20 (SERVICE SHOP)
Notwithstanding the provisions of Section11(2) of this By-Law to the
By-Law 110-01, March, 2015
SECTION 11
11-6
Zone, a service shop shall also permitted. Said business shall be limited
to a maximum of 25% of the ground floor area of the single detached
dwelling. All other requirements of the By-Law shall apply.
(u)
VR1-21 (ABATTOIR)
Zone, an abattoir shall be permitted subject to it being located a minimum
of 120 metres from any single dwelling on adjoining properties. All other
(v)
VR1-22 (LIMITED RETAIL)
addition to the uses permitted in the Village Residential Type1(VR1) Zone,
the storing, display and retailing of wicker products shall also be permitted.
This use shall be limited to a maximum floor area of 55 square metres and
6 parking spaces are required. All other requirements of the By-Law shall
apply.
(w)
VR1-23 (TWO DWELLING UNITS)
contrary, within any area zoned VR1-23 on Schedule “A” hereto, in
Zone, a maximum of two single detached dwelling units shall also be
(x)
VR1-24 (ELECTRONIC REPAIR AND RETAIL)
Zone, a service shop shall also be permitted. The gross floor area of said
business shall not exceed 55 square metres and a minimum of two off
street parking spaces shall be provided for the business use in addition to
the residential requirements. All other requirements of the By-Law shall
apply.
(y)
VR1- 25 (MODULAR/MOBILE HOME)
contrary, within any area zoned VR1-25 on Schedule "A" hereto, a
modular/mobile home unit as a single detached dwelling may be used as
the principal dwelling. All other requirements of the By-Law shall apply.
By-Law 110-01, March, 2015
11-7
SECTION 11
(z)
VR1-26 (EMBROIDERY BUSINESS)
Zone, an embroidery business having a maximum floor area of 58 square
metres shall also be permitted. All other requirements of the By-Law shall
apply.
(aa)
VR1-27 (ANTIQUES)
Zone, the retailing of antiques so long as the business is owned and
operated by a tenant of the building shall also be permitted. This retail
use shall be limited to a maximum gross floor area of 60 square metres.
(bb)
VR1-28 (ENLARGED ACCESSORY BUILDING)
area zoned VR1-28 on Schedule “A” hereto, a building with a maximum
height of 4.3 metres at the eaves and a total maximum gross floor area of
112 square metres, accessory to the residential use of the property, may
be permitted. In addition, a truck transport vehicle including tractor and
trailer, may be parked on said lands. All other requirements of the By-Law
shall apply.
(cc)
VR1-29 (PARCEL AND DELIVERY BUSINESS)
contrary, within any area zoned VR1-29 on Schedule “A” hereto, a parcel
and delivery business occupying no more than 90 square metres and no
more than 512 square metres of the total building and land area may be
permitted. All other requirements of the By-Law shall apply. (Maps 57 &
57A)
(dd)
VR1-30 (HOME IMPROVEMENT MATERIALS)
contrary, within any area zoned VR1-30 on Schedule “A” hereto, a
business involved in the display and retail a floor coverings, windows and
doors and kitchen and bathroom accessories business occupying no more
than 550 square metres may be permitted. All other requirements of the
By-Law shall apply. (Maps 57 & 57A)
(ee)
VR1-31 (MINIMUM LOT AREA AND LOT DEFINITION)
Notwithstanding any provisions in this By-Law to the contrary, within any
area zoned VR1-31 on Schedule ‘A’ hereto the minimum lot area shall be
By-Law 110-01, March, 2015
SECTION 11
11-8
2,500 square metres and for the purposes of the By-Law the lands
described as Lots 3, 4 and 5, South of Smith Street, R.P. 51A, shall be
considered to be a single lot, with respect to uses, building and structure
setbacks and lot coverage. All other requirements of the By-Law shall
apply. (Maps 58 & 58A)
(ff)
VR1-32 (ADDITIONAL USE)
area zoned VR1-32 on Schedule “A” hereto, a business involving the
display and retail of floor coverings, doors, windows, bathroom and
kitchen accessories shall also be permitted, to a maximum gross floor
area of 55 square metres. All other requirements of the By-law shall apply.
(Key Maps 57 & 57B)
(gg)
VR1-33 (ACCESSORY BUILDING)
area zoned VR1-33 on Schedule “A” hereto, an accessory building with a
lot coverage of 112 square metres and a height of 4.6 metres shall be
permitted in addition to any accessory building existing as of August 1,
2004. All other requirements of the By-Law shall apply. (Map 57 & 57A)
(hh)
VR1-34 (LOT AREA)
area zoned VR1-34 on Schedule “A” hereto, the minimum lot area shall be
2,500 square metres. All other requirements of the By-Law shall apply.
(Maps 92 & 93)
(ii)
VR1-35 (ACCESSORY BUILDING)
area zoned VR1-35 on Schedule “A” hereto, an accessory building may
have a height of 5.5 metres. All other requirements of the By-Law shall
apply. (Maps 92 & 93)
(jj)
VR1-36 (LIMITED RETAIL AND LOT AREA)
area zoned VR1-36 on Schedule “A” hereto, in addition to uses permitted
in a Village Residential Type 1 (VR1) zone, the retailing of craft and
boutique items shall also be permitted. The maximum gross floor area for
retailing shall be 25.0 square metres and a minimum of two (2) parking
spaces shall be required. The minimum lot area shall be 2,400 square
metres. All other requirements of the By-law shall apply. (Maps 57 & 57B)
(kk)
VR1-37 (DEVELOPMENT STANDARDS)
area zoned VR1-37 on Schedule “A” hereto, the minimum right (west) side
By-Law 110-01, March, 2015
SECTION 11
(ll)
11-9
yard shall be 30.0 metres and the dwelling shall have no more than one
(1) habitable storey fully above grade. All other requirements of the ByLaw shall apply. (Map 55)
VR1-38
(ACCESSORY BUILDING)
area zoned VR1-38 on Schedule “A” hereto, the following shall apply; one
and a maximum height of 5.5 metres. All other requirements of the by-law
shall apply. (Maps 57 and 57A)
(mm) Space.
(5)
(nn)
Space.
(oo)
VR1-41
(LIMITED USES)
area zoned VR1-41 on Schedule “A” hereto, the uses shall be limited to
one (1) apartment on the first floor, two (2) apartments on the second
floor, an office for a contractors business or service office on the first floor.
All parking associated with the permitted uses shall be contained on the
property. All other requirements of the By-law shall apply. (Maps 57 &
57B)
(pp)
VR1-42
(REAR YARD SETBACK)
area zoned VR1-42 on Schedule “A” hereto, a rear yard setback of 0.2m
for a detached accessory structure existing on the date of
January,20,2016 shall be permitted. All other requirements of the By-law
TEMPORARY USES
By-Law 110-01, March, 2015
12-1
SECTION 12
(1)
ESTATE RESIDENTIAL (ER) ZONE
SCOPE
The provisions of this Section shall apply in all Estate Residential (ER) Zones
Section.
(2)
USES PERMITTED
No person shall within any Estate Residential (ER) Zone, use any lot or erect,
alter or use any building or structure for any purpose except for one or more of
the following ER Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(3)
accessory use;
school, elementary;
park, public;
public use.
ZONE REQUIREMENTS
No person shall within any Estate Residential (ER) Zone, use any lot or erect,
alter or use any building or structure except in accordance with the following
provisions. Residential (ER) Zones are intended for development having private
services.
(a)
LOT AREA (MINIMUM)
0.4 ha
(b)
40.0 m
(c)
15.0 m
(d)
4.0 m
(e)
15.0 m
(f)
(g)
30%
(h)
30%
15.0 m
By-Law 110-01, March, 2015
12-2
SECTION 12
(4)
(i)
HEIGHT (MAXIMUM)
10.5 m
(j)
1 only
(k)
SPECIAL PROVISIONS
(a)
ER-1 (DEVELOPMENT STANDARDS)
area zoned ER-1 on Schedule “A” hereto, the minimum front yard setback
shall be measured from Robinson Road and a lot shall be considered a
building lot notwithstanding having no frontage within a development zone.
(b)
ER-2 (FRONT YARD DEPTH)
area zoned ER-2 on Schedule “A” hereto, the minimum front yard depth
(Map 81)
(c)
ER-3 (VETERINARY CLINIC)
contrary, within any area zoned ER-3 on Schedule "A" hereto, in addition
to the uses permitted in the Estate Residential (ER) Zone, a veterinary
clinic in an existing building or structure shall also be permitted. All other
(d)
ER-4 (DEVELOPMENT STANDARDS)
area zoned ER-4 on Schedule “A” hereto, the minimum lot area shall be
3,000 square metres and the minimum size of a dwelling shall be 205
square metres. All other requirements of the By-Law shall apply. (Maps
58 & 59)
(e)
ER-5 (LOT FRONTAGE)
Notwithstanding the provisions of Section 12(3) of this by-law to the
contrary, within any area zoned ER-5 on Schedule “A” hereto, the
minimum lot frontage shall be 12 meters. All other requirements of the Bylaw shall apply. (Map 61)
(f)
ER-6 (AGRICULTURAL FEED ESTABLISHMENT)
By-Law 110-01, March, 2015
12-3
SECTION 12
to the uses permitted in the Estate Residential (ER) Zone, an agricultural
feed establishment in an existing building or structure shall also be
(g)
ER-7 (SERVICE SHOP)
to the uses permitted in the Estate Residential (ER) Zone, a service shop
in an existing building or structure shall also be permitted. All other
(h)
ER-8 (LOT FRONTAGE)
contrary, within any area zoned ER-8 on Schedule “A” hereto, the
minimum lot frontage shall be 19.2 meters. All other requirements of the
(i)
ER-9 EXCEPTION NUMBER ASSIGNED TO A TEMPORARY USE
(j)
ER-10 (SIDE YARD REQUIREMENT)
contrary, within any area zoned ER-10 on Schedule ‘A’ hereto, the
minimum interior side yard width shall be 15 metres.
All other
(k)
ER-11 (LOT FRONTAGE AND YARD DIMENSIONS)
Notwithstanding the provisions of Sections 12(3)(b) and 12(3)(d) of this
By-Law to the contrary, within any area zoned ER-11 on Schedule ‘A’
hereto, the minimum lot frontage shall be 35 metres and the minimum
interior side yard shall be 3 metres. All other requirements of the By-Law
(l)
ER-12 (HABITABLE SPACE IN A CELLAR)
Notwithstanding the provisions of Section 3(3)(b) and any other provision
of this By-Law to the contrary, within any area zoned ER-12 on Schedule
“A” hereto, habitable space may be permitted in a cellar. (Map 65)
(m)
ER-13 (ACCESSORY BUILDING)
contrary, within any area zoned ER-13 on Schedule ‘A’ hereto, the total
maximum floor area of accessory buildings shall be 223 square metres
and the maximum height of an accessory building shall be 7.3 metres. All
By-Law 110-01, March, 2015
12-4
SECTION 12
(n)
ER-14 (ADDITIONAL SETBACK)
area zoned ER-14 on Schedule “A” hereto, no building or structure,
including an retaining wall, swimming pool or an accessory building or
structure shall be located within 15 metres of the surveyed top of bank of
the tributary of Fairchild Creek. All other requirements of the By-Law shall
apply. (Map 65)
(o)
area zoned ER-15 on Schedule “A” hereto, the maximum accessory
building coverage shall be 330 square metres and the maximum height of
one (1) accessory building shall be 6.1 metres. All other requirements of
(p)
area zoned ER-16 on Schedule “A” hereto, an accessory building with a
total gross floor area of 157 square metres and a height of 6.6 metres
(Map 81)
(q)
ER-17 (NO FRONTAGE ON A STREET)
area zoned ER-17 on Schedule "A" hereto, dwellings and uses accessory
thereto, may be erected on a lot that does not have frontage on a public
street. Building setbacks and lot dimensions shall be measured as if the
common element road were a public street. All other requirements of the
(r)
ER-18 (NO DEVELOPMENT)
area zoned ER-18 on Schedule “A” hereto, no building or structure,
including a swimming pool or any part of a private sewage disposal
system may be erected or installed. All other requirements of the By-Law
(s)
ER-19 (NO SETBACK)
area zoned ER-19 on Schedule “A” hereto, the minimum setback for all
structures, including but not limited to, a swimming pool, deck or septic
system is 0.0 meters measured from the EP-10 Zone limit or 8.0 meters
from the surveyed top-of-bank line. (Map 12)
By-Law 110-01, March, 2015
12-5
SECTION 12
(t)
ER-20 (ACCESSARY BUILDING)
building coverage shall be 245 m2. All other requirements of the By-Law
(u)
building coverage shall be 223 m2 and the maximum height of one (1)
accessory building shall be 7.3 meters. All other requirements of the ByLaw shall apply. (Map 33)
(v)
ER-22 (EXISITNG BON-COMFORMING BUILDING)
area zoned ER-22 on Schedule “A” hereto, in addition to the uses
permitted in the Estate Residential (ER) zone, an accessory building with
a floor area of 320 square metres and an overall height of 5.2 metres shall
be permitted. All other requirements of the By-law shall apply. (Map 65)
(w)
ER-23 (CAT BOARDING)
area zoned ER-23 on Schedule “A” hereto, in addition to the uses
permitted in the Estate Residential (ER) zone, a facility for the boarding of
a maximum of 58 domestic household cats (Felis catus) in an existing 98
square metre building shall also be permitted. All other requirements of
(x)
Place holder.
(y)
ER-25 (SPECIAL SETBACK)
Notwithstanding anything is this By-law to the contrary, within any area
zoned ER-25 on Schedule “A” hereto, no part of any dwelling shall be
located closer than 117 metres to a livestock building located at 24 McBay
Road. All other requirements of the By-law shall apply. (Key Map 65)
(z)
ER-26 (REDUCED FRONT YARD DEPTH)
area zoned ER-26 on Schedule “A” hereto, the minimum front yard depth
shall be 10.0 metres. All other requirements of the By-law shall apply.
(Map 59)
(aa)
ER-27 (DEFICIENT LOT AREA)
area zoned ER-27 on Schedule “A” hereto, a deficient lot area of 0.32ha
By-Law 110-01, March, 2015
12-6
SECTION 12
(5)
and 0.25ha shall be permitted. All other requirements of the By-law shall
apply. (Map 97)
(bb)
Space.
(cc)
ER-29 (OVERSIZED ACCESSORY STRUCTURE)
area zoned ER-29 on Schedule “A” hereto, an accessory structure with a
maximum height of 7m, maximum gross floor area of 450m², for the
purpose of storing up to 4 commercial vehicles/equipment shall be
permitted. All other requirements of the By-Law shall apply. (Map 83)
TEMPORARY USES
(a)
By-Law 110-01, March, 2015
13-1
SECTION 13
(1)
ESTATE RESIDENTIAL TYPE 1 (ER1) ZONE
SCOPE
The provisions of this Section shall apply in all Estate Residential Type 1 (ER1)
Section.
(2)
USES PERMITTED
No person shall within any Estate Residential Type 1 (ER1) Zone, use any lot or
more of the following ER1 Zone uses, namely:
(a)
(b)
(c)
(d)
(3)
accessory use;
public use.
ZONE REQUIREMENTS
following provisions. ER1 Zones are intended for development having private
services.
(a)
LOT AREA (MINIMUM)
0.6 ha
(b)
40.0 m
(c)
25.0 m
(d)
6.0 m
(e)
25.0 m
(f)
(g)
10%
(h)
30%
(i)
(j)
HEIGHT (MAXIMUM)
10.5 m
1 only
15.0 m
By-Law 110-01, March, 2015
13-2
SECTION 13
(k)
(4)
SPECIAL PROVISIONS
(a)
ER1-1 (SECOND DWELLING UNIT)
contrary, within any area zoned ER1-1 on Schedule "A" hereto, in addition
to the uses permitted in the Estate Residential Type 1 (ER1) Zone, a
second dwelling unit attached to the main dwelling unit shall also be
(b)
ER1-2 (OFFICE)
contrary, within any area zoned ER1-2 on Schedule "A" hereto, in addition
to the uses permitted in the Estate Residential Type 1 (ER1) Zone, an
office located in a garage, having a maximum gross floor area of 44
square metres shall also be permitted. Any sign for the office use is limited
to that approved for a home occupation. All other requirements of the ByLaw shall apply.
(c)
ER1-3 (KENNEL)
to the contrary, within any area zoned ER1-3 on Schedule "A" hereto, in
addition to the uses permitted in the Estate Residential Type 1 (ER1)
Zone, a kennel restricted to a maximum of 20 dogs shall also be
permitted. Furthermore, the minimum lot size for this use shall be 3.4
hectares (8.5 acres) and the kennel must be set back at least 61 metres
(200 feet) from the front property line . All other requirements of the ByLaw shall apply.
(d)
ER1-4 (YARD REQUIREMENTS)
contrary, within any area zoned ER1-4 on Schedule “A” hereto, the yard
requirements shall be two metres. All other requirements of the By-Law
shall apply.
(e)
ER1-5 (ACCESSORY BUILDINGS)
Notwithstanding the provisions of Section 3(1)(b) and (c) of this By-Law to
the contrary within any area zoned ER1-5 on Schedule “A” attached
hereto, the maximum size for all accessory buildings be 139.3m2 (1500 sq.
ft.) and the maximum height for any accessory building be 4.8m (16’).
(Map 58)
(f)
ER1-6 (REGULATIONS)
By-Law 110-01, March, 2015
SECTION 13
13-3
contrary, within any area zoned ER1-6 on Schedule “A” hereto, the lot
frontage shall be 50 metres, the front yard depth shall be 15 metres and
the exterior side yard depth shall be 15 metres. The minimum ground
floor area of dwelling units shall be 232.25 square metres for a one (1)
storey or split level structure and 139.35 square metres for a structure one
and a half (1 1/2) storeys or greater. Where no basement is provided, the
minimum ground floor area shall be increased by 18.58 square metres. In
addition, within the area identified as a “Non-development Area” on
Schedule “A” within the ER1-6 zone, no building, and structure, septic
tank, or septic tank tile bed shall be located. (Map 13)
(g)
ER1-7 (ACCESSORY DWELLING)
Notwithstanding the provisions of Section 13(2) and 13(3)(j) of this By-Law
to the contrary, within any area zoned ER1-7 on Schedule ‘A’ hereto, an
accessory apartment dwelling, not smaller than 40 square metres and not
larger than 92.9 square metres, within the principal dwelling shall be
23A)
(h)
ER1-8 (ACCESSORY BUILDING)
Notwithstanding any other provisions in this By-Law to the contrary, within
any area zoned ER1-8 on Schedule ‘A’ hereto, an accessory building with
a maximum floor area of 119 square metres and a maximum height of 8.5
metres shall be permitted. All other requirements of the By-Law shall
apply. (Map 59)
(i)
ER1-9 (DEVELOPMENT SETBACK)
area zoned ER1-9 on Schedule ‘A’ hereto, the rear wall of the principal
dwelling shall be located no further than 60 metres from the front property
line and no accessory building or structure including a swimming pool
and/or a septic system, shall be located further than 60 metres from the
front property line. All other requirements of the By-Law shall apply. (Map
12)
(j)
ER1-10 FRONT YARD SETBACK
area zoned ER1-10 on Schedule ‘A’ hereto, the front yard setback shall be
60 metres. All other requirements of the By-Law shall apply. (Map 65)
(k)
ER1-11 (FRONTAGE)
area zoned ER1-11 on Schedule ‘A’ hereto, the minimum lot frontage shall
By-Law 110-01, March, 2015
SECTION 13
13-4
(l)
ER1-12 (ADDITIONAL SETBACK)
area zoned ER1-12 on Schedule “A” hereto, no building or structure,
including an accessory building or structure shall be located within 15
metres of the surveyed top of bank of Fairchild Creek. All other
(m)
area zoned ER1-13 on Schedule “A” hereto, an accessory building with a
floor area of 139.5 square metres and a height of 7.0 metres shall be
permitted.
Further, the minimum rear yard, measured from the
Conservation Authority approved top of bank, shall be 15.0 metres. All
(n)
ER1-14 (DEVELOPMENT REQUIREMENTS)
area zoned ER1-14 on Schedule “A” hereto, subject to a geo-technical
study to the satisfaction of the County and Conservation Authority, the
minimum rear yard (west) may be 0.0m measured from the EP Zone limit
or 15.0m measured from the surveyed top-of bank line. All other
(o)
ER1-15 (NO DEVELOPMENT)
system may be erected or installed. The area zoned ER1-15 shall be
considered to be zoned ER1 for the purposes of yard dimensions, lot
coverage and setbacks. All other requirements of the By-Law shall apply.
(Maps 13 & 14)
(p)
ER1-16 (FRONTAGE)
area zoned ER1-16 on Schedule “A” hereto, the minimum lot frontage
(Map 14)
(q)
ER1-17 (ACCESSORY BUILDINGS)
area zoned ER1-17 on Schedule “A” hereto, an aggregate accessory
building coverage of 290.0 square metres shall be permitted and no more
than one (1) accessory building may be 8.9 metres in height provided that
an accessory building with a height greater than 4.5 metres is setback at
By-Law 110-01, March, 2015
SECTION 13
13-5
least 10.0 metres from any property line.. All other requirements of the
(r)
ER1-18 (DEVELOPMENT LIMIT)
including a swimming pool, or a sewage disposal system, shall be
permitted within 15.0 metres from the surveyed top-of-bank. For the
purpose of this By-Law the surveyed top of bank is deemed to be the limit
of the residential zone. All other requirements of the By-Law shall apply.
(Maps 12 & 20)
(s)
ER1-19 (DEVELOPMENT STANDARDS)
area zoned ER1-19 on Schedule “A” hereto, development may be
permitted on the following basis:
(i)
The maximum number of dwelling units shall be eight (8).
(ii)
For the purpose of this By-Law, a lot is considered to be the land
area which constitutes a unit of a condominium corporation.
(iii)
Individual lots do not require frontage on public street.
(iv)
The minimum lot area shall be 4,000 square metres.
(v)
For the purpose of determining lot area, lot coverage, landscaped
area and development setbacks, a lot does not include any portion
of the common elements.
(vi)
Lot area, lot frontage, development setbacks and yard configuration
shall be determined as if the common element road were a public
street.
(vii) No setback is required from a zone line that is not a lot line.
(viii) No building or structure, including a swimming pool or any part of a
sewage system, shall be permitted within 14.0 metres of Brant
Road (King’s Highway No. 24).
All other requirements of the By-Law shall apply. (Maps 5, 6, 13 & 14)
(t)
ER1-20 (NO DEVELOPMENT AREA)
area zoned ER1-20 on Schedule “A” hereto, no excavation or alteration of
the approved grading shall be permitted and no building or structure
including a swimming pool or any part of a sewage system may be
erected. All other requirements of the By-Law shall apply. (Maps 5, 6, 13
& 14)
(u)
area zoned ER1-21 on Schedule “A” hereto no part of any building or
structure, including accessory buildings and structures, a swimming pool
By-Law 110-01, March, 2015
SECTION 13
13-6
or any part of a private sewage disposal system shall be located further
than 210 metres from the front lot line. All other requirements of the ByLaw shall apply. (Map 12)
(v)
area zoned ER1-22 on Schedule “A” hereto, the minimum lot frontage
shall be 36.0 metres at the northerly property line and 6.0 metres at the
horizontal distance between the side lot lines of a lot, such distance being
measured along a line which is parallel to the front lot line of the lot at the
minimum front yard depth (i.e. 25 metres) required hereby on such lot.
Setbacks from zone lines shall not be considered and a main building
must be setback at least 6.0 metres from the edge of water of Blue Lake
and 6.0 metres from any property line. This By-Law recognizes that the
aggregate total ground floor area of all accessory buildings, including the
existing boat house in its existing location, permitted shall be 163 square
metres. All other requirements of the By-Law shall apply. (Maps 12 & 13)
(w)
ER1-23 (LOT AREA)
area zoned ER1-23 on Schedule “A” hereto, the minimum lot area shall be
3,000 square metres. All other requirements of the By-Law shall apply.
(Map 59)
(x)
ER1-24 (EXISTING YARDS AND STRUCTURES RECOGNIZED)
area zoned ER1-24 on Schedule “A” hereto, the minimum required front
yard for the existing dwelling shall be as existing, and the maximum
permitted lot coverage for an existing dwelling shall be as existing. All
(y)
area zoned ER1-25 on Schedule “A” hereto, an existing one-storey
accessory building with a total floor area not exceeding 350 square metres
shall be permitted. All other requirements of the By-Law shall apply. (Map
65)
(z)
area zoned ER1-26 on Schedule “A” hereto, the rear wall of the principal
dwelling shall be located no further than 70 metres from the front property
line and no accessory building or structure, including a swimming pool
and/or septic system, shall be located no further than 70 metres from the
By-Law 110-01, March, 2015
SECTION 13
13-7
front property line. All other requirements of the By-Law shall apply. (Maps
112, 112A & 113)
(aa)
ER1-27(REDUCED MINIMUM SEPARATION DISTANCE)
area zoned ER1-27 on Schedule “A” hereto, the Minimum Separation
Distance I applicable to the development of these lands shall be 350
metres. All other requirements of the By-Law shall apply. (Maps 5 & 13)
(bb)
ER1-28(DEVELOPMENT RESTRICTIONS)
area zoned ER1-28 on Schedule "A" hereto, the minimum lot area shall be
0.85 hectares. All other requirements of the By-Law shall apply. (Map 12)
(cc)
ER1-29 (LOT AREA AND FRONTAGE)
area zoned ER1-29 on Schedule “A” hereto, the minimum lot area shall be
0.4 hectares and the minimum lot frontage shall be 40 metres. All other
requirements of the By-law shall apply. (Key Maps 23 & 23A)
(dd)
ER1-30
(ACCESSORY BUILDING)
area zoned ER1-30 on Schedule “A” hereto, the maximum lot coverage for
all accessory structures shall not exceed 158m² with a maximum height of
8.53 metres and may be located 24.0 metres from the front lot line. All
other requirements of the By-law shall apply. (Key Map 58)
(ee)
ER1-31
(FRONT YARD DEPTH)
Notwithstanding any provision of the by-law to the contrary, within any
area zoned ER1-31 on Schedule “A” hereto, the minimum front yard depth
shall be 40.0 metres. All other requirements of the By-law shall apply.
(Key Maps 5 and 13)
(ff)
ER1-32
(FRONT YARD SETBACK)
area zoned ER1-32 on Schedule “A” hereto, the following shall apply; an
increased front yard setback of 40m shall apply. All other requirements of
the By-law shall apply. (Key Map 59)
(gg)
ER1-33
(REDUCED FRONT YARD SETBACK)
area zoned ER1-33 on Schedule “A” hereto, an increased front yard
setback of 65m shall apply. All other requirements of the By-law shall
apply. (Key Map 59)
By-Law 110-01, March, 2015
SECTION 13
(hh) Space.
(ii)
(5)
13-8
ER1-34
(ONE FOOT RESERVE)
area zoned ER1-34 on Schedule “A” hereto, the lot shall be considered to
have legal frontage on a public road, despite the one foot reserve. All
requirements of the By-law shall apply. (Key Maps 65 & 66)
TEMPORARY USES
By-Law 110-01, March, 2015
14-1
SECTION 14
(1)
SCOPE
The provisions of this Section shall apply in all Estate Residential Type 2 (ER2)
Section.
(2)
USES PERMITTED
more of the following ER2 Zone uses, namely:
(a)
(b)
(c)
(d)
(3)
accessory use;
public use.
ZONE REQUIREMENTS
following provisions. ER2 Zones are intended for development having private
services.
(a)
LOT AREA (MINIMUM)
1.0 ha
(b)
60.0 m
(c)
25.0 m
(d)
6.0 m
(e)
25.0 m
(f)
(g)
10%
(h)
30%
(i)
HEIGHT (MAXIMUM)
10.5 m
15.0 m
By-Law 110-01, March, 2015
14-2
SECTION 14
(j)
1 only
(k)
(4)
SPECIAL PROVISIONS
(a)
ER2-1 (FRONT YARD SETBACK)
Notwithstanding the provisions of Section 14(3)(c) of this By-Law to the
contrary, within any area zoned ER2-1 on Schedule ‘A’ hereto, the
minimum front yard depth shall be 75 metres. All other requirements of
(b)
ER2-2 (REAR YARD SETBACK)
Notwithstanding the provisions of Section 14(3)(f) of this By-Law to the
contrary, within any area zoned ER2-2 on Schedule ‘A’ hereto, the
minimum rear yard depth shall be 80 metres. All other requirements of the
(c)
ER2-3 (LOT AREA AND FRONT YARD DEPTH)
Notwithstanding any provision of this By-Law to the contrary within any
area zoned ER2-3 the minimum front yard depth shall be 20 metres. All
(d)
ER2-4 (LIMITED DEVELOPMENT AREA)
area zoned ER2-4 on Schedule “A” hereto, no dwelling unit or portion
thereof is permitted. All other requirements of the By-Law shall apply.
(Map 51)
(e)
ER2-5 (LOT FRONTAGE)
area zoned ER2-5 on Schedule “A” hereto, the minimum lot frontage shall
(f)
ER2-6 (LOT FRONTAGE)
contrary, within any area zoned ER2-6 on Schedule “A” hereto, the
minimum lot frontage shall be 50 meters. All other requirements of the Bylaw shall apply. (Map 51)
BL 39-11
(g)
Space.
(h)
Space.
By-Law 110-01, March, 2015
SECTION 14
(5)
TEMPORARY USES
14-3
By-Law 110-01, March, 2015
15-1
SECTION 15
(1)
RESIDENTIAL HERITAGE (RH) ZONE
SCOPE
The provisions of this Section shall apply in all Residential Heritage (RH) Zones
Section.
(2)
USES PERMITTED
No person shall within any Residential Heritage (RH) Zone, use any lot or erect,
the following RH Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(3)
semi-detached dwelling;
duplex dwelling;
converted dwelling;
lodging house;
public use;
accessory building or use;
rowhouse dwelling;
ZONE REQUIREMENTS
No person shall within any Residential Heritage (RH) Zone, use any lot or erect,
provisions.
(a)
LOT AREA (MINIMUM)
existing
(b)
existing
(c)
The average of the adjacent properties on both sides or the existing front
yard depth.
(d)
(e)
By-Law 110-01, March, 2015
1.5 m
15-2
SECTION 15
The front yard depth of the adjacent property or 6.0 m whichever is the
lesser.
(f)
6.0 m
(g)
40%
(h)
20%
(i)
HEIGHT
Parapet line for buildings located on a corner: The top of the highest
projection along the facade may be no more than 50 cm higher than the
highest parapet line along the block in which the building is situated. Any
new building replacing a damaged building should be built to the height of
the original building.
Parapet line for buildings located between two other buildings: The top of
the highest projection along the facade may be no more than 50 cm higher
than the higher parapet line of the two adjacent buildings.
Roof line: If a roof is flat, it shall be located lower than the parapet. If a
roof is sloped, its ridge shall be parallel to the street and shall be no higher
than the highest ridge or parapet on the block on which the building is
situated.
Chimneys are not included in these height restrictions.
(j)
ADDITIONS
No additions shall be constructed in the front yard or exterior side yard but
shall be restricted to the rear and interior side yards.
(k)
REPLACEMENT
If a building or structure that is designated as a Heritage Building under
the Heritage Act, R.S.O. 1990 is demolished, removed, or destroyed, the
new building or structure to occupy the lot must be of the same height,
volume, floor area, general form, mass, and external design as the original
building or structure.
(l)
By-Law 110-01, March, 2015
15-3
SECTION 15
(4)
SPECIAL PROVISIONS
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
16-1
SECTION 16
(1)
RESIDENTIAL SECOND DENSITY (R2) ZONE
SCOPE
The provisions of this Section shall apply in all Residential Second Density (R2)
Section.
(2)
USES PERMITTED
No person shall within any Residential Second Density (R2) Zone, use any lot or
more of the following R2 Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(3)
duplex dwelling;
converted dwelling;
accessory use;
public use;
supportive community home;
rowhouse dwelling;
ZONE REQUIREMENTS
No person shall within any Residential Second Density (R2) Zone, use any lot or
following provisions.
(a)
(b)
LOT AREA (MINIMUM)
(i)
Single detached dwelling 460 m²
(ii)
Duplex or converted dwelling
(iii)
- Semi-detached dwelling 650 m²
- Semi-detached dwelling unit
260 m²
550 m²
(i)
Single detached dwelling 15.0 m
By-Law 110-01, March, 2015
16-2
SECTION 16
(ii)
(iii)
(4)
15.0 m
- Semi-detached dwelling 18.0 m
8.5 m
(c)
6.0 m
(d)
(e)
1.2 m
provided that on a lot where there is no attached private garage or
attached carport the minimum interior side yard width shall be 2.5 m on
one side and 1.2 m on the other side
EXTERIOR SIDE YARD WIDTH (MINIMUM) 6.0 m
(f)
(g)
35%
(h)
30%
(i)
HEIGHT (MAXIMUM)
10.0 m
(j)
6.0 m
SPECIAL PROVISIONS
(a)
R2-1 (CONTRACTOR’S YARD)
to the contrary, within any area zoned R2-1 on Schedule "A" hereto, in
addition to the uses permitted in the Residential Second Density (R2)
Zone, a contractor’s yard and shop for a carpentry business shall also be
permitted. The gross floor area for said use shall not exceed a total of
111.5 square metres and no outside storage shall be permitted. All other
(b)
R2-2 (CLINIC)
contrary, within any area zoned R2-2 on Schedule "A" hereto, in addition
to the uses permitted in the Residential Second Density (R2) Zone, a
medical clinic shall also be permitted in the existing dwelling. All other
(c)
R2-3 (LAWN BOWLING CLUB)
By-Law 110-01, March, 2015
16-3
SECTION 16
to the uses permitted in the Residential Second Density (R2) Zone, a lawn
bowling club shall also be permitted. All other requirements of the By-Law
shall apply.
(d)
R2-4 (SINGLE DETACHED DWELLING, NO ACCESSORY BUILDINGS)
contrary, within any area zoned R2-4 on Schedule "A" hereto, the only use
permitted shall be a one storey, single detached dwelling with no
accessory buildings. All other requirements of the By-Law shall apply.
(e)
R2-5 (ART STUDIO AND GALLERY)
to the uses permitted in the Residential Second Density (R2) Zone, an art
studio and gallery having a maximum gross floor area of 37.2 square
apply.
(f)
R2-6 (SERVICE SHOP)
service shop having a maximum gross floor area of 46.5 square metres
(g)
R2-7 (CONTRACTOR’S YARD OR SHOP)
Zone, a contractor’s yard or shop for construction and excavation
equipment and having a maximum gross floor area of 92.9 square metres
shall also be permitted. Outside storage uses shall not exceed a
maximum lot coverage of 50% of the lot area. All other requirements of
(h)
R2-8 (ANTIQUES AND CLOTHING)
to the uses permitted in the Residential Second Density (R2) Zone, the
retailing of antiques and clothing shall also be permitted. However, the
total gross floor area for these uses shall not exceed 46.5 square metres.
(i)
By-Law 110-01, March, 2015
16-4
SECTION 16
structures, subject to the following development standards:
Minimum lot area: 360 square metres
11.0 metres
Minimum front yard depth: 4.5m (provided no part of the structure used as
a garage is closer than 6.0m to the front lot
line, and that no garage portion of a dwelling
located nearer to the street line than the
habitable part of the dwelling.)
Interior side yard setback: 1.2 metres on one side and 0.6 metres on the
other side (provided that there is a minimum of
1.8 metres between dwellings on two adjacent
lots and provided that any permitted
encroachment is at least 0.3 metres from a
property line).
Exterior side yard width: 4.5 metres
45%
Other provisions:
An uncovered deck may be considered as part
Of the landscaped open space.
All other requirements of the By-Law shall apply. (Key Map 31)
(j)
R2-10 EXCEPTION NUMBER NOT ASSIGNED
(k)
R2-11 (COMMERCIAL USES)
Zone, an office, a fine art studio, a gift shop, a craft shop, an antiques and
collectibles shop, a toy shop, a clothing shop, a china shop, a bakery sales only, the sale of beer and wine making supplies, a florist shop, a
jewellery shop, a paint and wallpaper shop and an aesthetician/aesthetics
shall also be permitted. The said office shall not exceed a gross floor area
of 55.8 square metres and no outside storage shall be permitted. All other
(l)
R2-12 (SINGLE DETACHED DWELLING)
contrary, within any area zoned R2-12 on Schedule "A" hereto, a single
detached dwelling shall also be permitted. The lot requirements shall
By-Law 110-01, March, 2015
16-5
SECTION 16
include the construction of a shared driveway and a reduced lot frontage
of 7.9 metres. All other requirements of the By-Law shall apply.
(m)
R2-13 (OFFICE)
business or professional office shall also be permitted.
All other
(n)
R2-14 (OFFICE SUPPLY OUTLET)
contrary, within any area zoned R2-14 on Schedule “A” hereto, in addition
to the uses permitted in the Residential Second Density (R2) Zone, an
office supply outlet shall also be permitted. However, the maximum gross
floor area for this business shall not exceed 74 square metres and outside
storage shall be prohibited. All other requirements of the By-Law shall
apply.
(o)
R2-15 (REAR YARD SETBACK)
contrary, within any area zoned R2-15 on Schedule “A” hereto, the rear
yard requirement shall be 15 metres. All other requirements of the ByLaw shall apply. (Maps 18 & 18A)
(p)
R2-16 (LOT COVERAGE)
Notwithstanding the provisions of Section 16(3)(g) of this By-Law to the
contrary, within any area zoned R2-16 on Schedule ‘A’ hereto, the
maximum lot coverage shall be 40 percent. All other requirements of the
(q)
R2-17 (TWO DWELLING UNITS)
contrary, within any area zoned R2-17 on Schedule “A” hereto, a
maximum of two dwellings may be permitted on the existing lot. All other
(r)
R2-18 (CRAFT SHOP)
contrary, within any area zoned R2-18 on Schedule “A” hereto, in addition
to those uses permitted in the Residential Second Density (R2) Zone, a
gift and craft shop having a maximum gross floor area of 42 square
By-Law 110-01, March, 2015
16-6
SECTION 16
(s)
R2-19 (PERMITTED USES, FRONTAGE AND AREA REQUIREMENTS)
Notwithstanding the provisions of Section 16 (2) and Section 16 (3) of this
By-Law to the contrary, within any area zoned R2-19 on Schedule ‘A’
hereto, the uses permitted shall be limited to a single detached dwelling, a
residential home occupation, and accessory uses, and further the
minimum lot area shall be 5,000 square metres, and the minimum lot
frontage shall be 35 metres. All other requirements of the By-Law shall
(t)
R2-20 (REDUCED SETBACK)
Notwithstanding the provisions of Subsection 16(3)(f) of this By-Law to the
minimum rear yard setback shall be 1.58 metres. All other requirements
of the By-Law shall apply. (Maps 15 & 15A)
(u)
R2-21 (LOT AREA, FRONTAGE AND COVERAGE)
area zoned s-R2-21 on Schedule ‘A’ hereto, permitted dwelling types shall
be limited to single detached dwelling; the minimum lot area shall be 400
square metres; the minimum lot frontage shall be 13.5 metres; and the
maximum lot coverage shall be 40 percent. All other requirements of the
By-Law shall apply. (Maps 19, 19B & 32).
(v)
Notwithstanding any provision of this By-lawto the contrary, within any
i. Minimum lot area
600 square metres
ii. Minimum front yard depth
4.5 metres (for habitable
portion) provided no part
of a garage is located
Closer than 6.0 metres to
a street.
iii. Maximum lot coverage
45%
(w)
area zoned R2-23 on Schedule ‘A’ hereto, will be subject to the following
development standards:
Lot Area (Minimum):
By-Law 110-01, March, 2015
16-7
SECTION 16
(i)
(ii)
(iii)
Single detached dwelling 350 m2
Semi-detached dwelling 560 m2
Semi-detached dwelling unit
260 m2
Lot Frontage (Minimum):
(i)
Single detached dwelling 10.9 m
(ii)
Semi-detached dwelling 18.0 m
(iii)
Semi-detached dwelling unit
6.7 m
Front Yard Depth (Minimum):
4.5 m, provided no part of the
garage is closer than 6.0 m to
the front lot line.
Interior Side Yard (Minimum):
Exterior Side Yard (Minimum):
0.6 m
4.5 m
Lot Coverage (Maximum):
(i)
Single detached dwelling
(ii)
Semi-detached dwelling
50%
50%
THAT all other provisions of the R2 zone in Section 16.3 and all other
provisions of By-law 110-01 as amended, shall apply. (Key Maps 10, 18
and 19)
(x)
Minimum lot area:
Minimum front yard:
360 square metres
12 metres
4.5m provided except to a garage which shall
be 5.5 metres.
lots and provided any permitted encroachment
is at least 0.3 metres from a property line.
45%
Other provisions:
An uncovered deck shall not be considered as
part of lot coverage.
By-Law 110-01, March, 2015
16-8
SECTION 16
(y)
Minimum lot area:
Minimum front yard:
345 square metres
12 metres
3.0m provided except to a garage which shall
be 5.5 metres.
Minimum rear yard:
3.0 metres
lots and provided any permitted
encroachment is at least 0.3 metres from a
property line.
65%
Other provisions:
(z)
be limited to single detached dwellings, semi-detached dwellings, and
accessory uses, buildings and structures, subject to the following zone
requirements:
•
•
•
Lot area, lot frontage and yards shall be determined as if the
common element road were a public street.
Maximum number of dwelling units: 6
Minimum lot area:
single detached dwelling-350 square metres
semi-detached dwelling-475 square metres
By-Law 110-01, March, 2015
16-9
SECTION 16
single detached dwelling-13.5 meters
semi-detached dwelling-18.0 metres
semi-detached dwelling unit-8.5 metres
Minimum front yard:
4.5 metres provided except to a garage which
shall be 5.5 metres
lots and provided any permitted encroachment
is at least 0.3 metres from a property line.
Minimum rear yard:
6 metres
65%
Other provisions:
(5)
(aa)
Space.
(bb)
R2-28 (OVERSIZED ACCESSORY STRUCTURE & COMMERCIAL
VEHICLE)
area zoned R2-28 on Schedule “A” hereto, an accessory structure with a
maximum height of 7.4m, maximum gross floor area of 149m², and the
parking of one (1) commercial vehicle as defined herein, shall be
permitted. All other requirements of the By-law shall apply. (Maps 15, 15A,
23, & 23A)
TEMPORARY USES
(a)
T-R2-11-18-2018 (GARDEN SUITE)
area zoned T-R2-11-18-2018 on Schedule “A” hereto, a temporary second
dwelling, being a garden suite, is permitted within an existing accessory
building, provided that the dwelling unit is removed on or before
November 11, 2018. All other requirements of the By-Law shall apply.
(Maps 18 & 18B)
By-Law 110-01, March, 2015
17-1
SECTION 17
(1)
RESIDENTIAL SECOND DENSITY TYPE 2 (R2A) ZONE
SCOPE
The provisions of this Section shall apply in all Residential Second Density Type
2 (R2A) Zones except as otherwise provided in the Special Provisions subsection
of this Section.
(2)
USES PERMITTED
No person shall within any Residential Second Density Type 2 (R2A) Zone, use
any lot or erect, alter or use any building or structure for any purpose except for
one or more of the following R2A Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(3)
duplex dwelling;
converted dwelling;
accessory use;
public use;
supportive community home;
rowhouse dwelling;
ZONE REQUIREMENTS
No person shall within any Residential Second Density Type 2 (R2A) Zone, use
any lot or erect, alter or use any building or structure except in accordance with
the following provisions.
(a)
(b)
LOT AREA (MINIMUM)
(i)
550 m²
(ii)
600 m²
(iii)
- Semi-detached dwelling
650 m²
310 m²
(i)
18.0 m
By-Law 110-01, March, 2015
17-2
SECTION 17
(ii)
(iii)
RESIDENTIAL SECOND DENSITY TYPE 2 (R2A) ZONE
18.0 m
20.0 m
9.0 m
(c)
(d)
1.2 m
provided that on a lot where there is no attached private garage or
(e)
(f)
(g)
35%
(h)
30%
(i)
HEIGHT (MAXIMUM)
10.0 m
(j)
(4)
SPECIAL PROVISIONS
(5)
TEMPORARY USES
7.5 m
6.0 m
7.5 m
By-Law 110-01, March, 2015
18-1
SECTION 18
RESIDENTIAL THIRD DENSITY (R3) ZONE
1. SCOPE
The provisions of this Section shall apply in all Residential Third Density (R3)
Section.
2. USES PERMITTED
No person shall within any Residential Third Density (R3) Zone, use any lot or
more of the following R3 Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
duplex dwelling;
lodging house;
converted dwelling to a maximum of 4 units;
triplex dwelling;
street rowhouse;
accessory use;
public use;
rowhouse dwelling;
3. ZONE REQUIREMENTS
No person shall within any Residential Third Density (R3) Zone, use any lot or
(a)
LOT AREA (MINIMUM)
(i)
(ii)
Duplex dwelling
(iii)
By-Law 110-01, March, 2015
460 m²
550 m²
550 m²
260 m²
18-2
SECTION 18
(iv)
(v)
(b)
Triplex dwelling, converted dwelling, lodging house 600 m²
Street Rowhouse
185 m²
(i)
15.0 m
(ii)
- Semi-detached dwelling, duplex dwelling
18.0 m
8.5 m
(iii)
Triplex dwelling, converted dwelling, lodging house
20.0 m
(iv)
Street Rowhouse
9.0 m
(c)
6.0m
(d)
(i)
Single detached dwelling, duplex dwelling, converted dwelling,
lodging house 1.5 m
(ii)
Provided that on a lot where there is no attached private garage or
attached carport the minimum interior side yard width shall be 3.0
m on one side and 1.5 m on the other side.
(iii)
Semi-detached dwelling, triplex dwelling and street rowhouse
3.0 m
There is no interior side yard along the common lot line of the semidetached dwelling unit or street rowhouse.
(e)
6.0 m
(f)
(g)
35%
(h)
30%
(i)
HEIGHT (MAXIMUM)
8.5 m
(j)
6.0 m
4. SPECIAL PROVISIONS
By-Law 110-01, March, 2015
18-3
SECTION 18
(a)
R3-1 (TRADESMAN’S SHOP)
area zoned R3-1 on Schedule "A" hereto, a tradesman’s shop shall be
19A)
(b)
R3-2 (ROWHOUSE DWELLINGS)
addition to the uses permitted in the Residential Third Density (R3) Zone,
a maximum of 30 rowhouse dwelling units shall be permitted.
Furthermore, an interior side yard of 1.2 metres shall be provided.
Buffering, consisting of a planting strip having a minimum height and width
of 1.52 metres and, a 1.8 metre high solid wood patio-style privacy fence
is required where the site abuts residentially zoned lands. In the case of
accessory buildings, lot coverage shall be restricted to a maximum gross
floor area of 9.29 square metres and the building height shall not exceed
1.8 metres. All other requirements of the By-Law shall apply.
(c)
R3-3 (TEMPORARY ARTS AND CULTURAL FESTIVAL)
contrary, within any area zoned R3-3 on Schedule ‘A’ hereto, a temporary
arts and cultural festival may operate for two (2) consecutive weekends
between the Canada Day weekend and the third weekend in August.
Festival activities will be restricted to 6:00 p.m. to 10:30 p.m. on Fridays
and 10:00 a.m. to 10:30 p.m. Saturdays, Sundays and Long Weekend
Mondays. One hundred and forty parking spaces must be available for
festival patrons. All other requirements of the By-Law shall apply. (Maps
19 & 19B)
(d)
R3-4 (LOT FRONTAGE AND SPECIAL SETBACKS)
area zoned h-2-h-3-R3-4 on Schedule ‘A’ hereto, the minimum lot frontage
for a single detached dwelling shall be 12.5 metres; the minimum front
yard depth shall be 4.6 metres; and no part of any building or structure,
including accessory building and structures and a swimming pool shall be
located further than 13.7 metres from the front lot line. Parking on the front
yard in accordance with Drawing No. 6426-1, prepared by J.H. Cohoon
Engineering, dated Oct. 6/03, shall be permitted. All other requirements of
the By-Law shall apply. (Maps 32 & 32A)
(e)
R3-5 (LOT FRONTAGE AND SPECIAL SETBACKS)
By-Law 110-01, March, 2015
18-4
SECTION 18
area zoned R3-5 on Schedule ‘A’ hereto, the minimum lot frontage for a
single detached dwelling shall be 12.5 metres; the minimum front yard
depth shall be 4.6 metres; and no part of any building or structure,
including accessory building and structures and a swimming pool shall be
located further than 14.4 metres from the front lot line. All other
(f)
area zoned R3-6 on Schedule “A” hereto, the following minimum
development standards shall apply:
Uses permitted:
Rowhouse dwelling and accessory uses and
structures.
Lot frontage:
6.0m
Front yard depth: 4.5m (provided no part of the structure used as a
garage is closer that 6.0m to the front lot line, and that
no garage portion of a dwelling is located nearer to
the street line than the habitable part of the dwelling.
Exterior Side Yard: 3.0m
Any yard abutting a public walkway:
2.0m
Lot Coverage:
40% (maximum)
Driveway width:
3.0m (maximum)
(g)
area zoned R3-7 on Schedule “A” hereto, the provisions of the R3-6 zone
shall apply and in addition the minimum interior side yard shall be 1.2
metres and the maximum allowable lot coverage shall be 52 percent. All
(h)
R3-8 (DEVELOPMENT STANDARDS – SETBACKS)
Building Location
• The yard adjacent to Burwell Street is deemed to be the front
yard;
• The existing yards adjacent to the church building-proper shall be
deemed to conform to the requirements of the zoning By-Law;
By-Law 110-01, March, 2015
18-5
SECTION 18
•
•
•
The minimum interior side yard, adjacent to the rear yard of No.
69 Grand River Street South shall be 1.5 meters;
The minimum rear yard, adjacent to the north side yard of No. 69
Grand River Street South shall be 1.5 meters;
The rear yard shall be at least 2.0 meters at the south-rear point
of the parish hall.
Parking
• Parking may be permitted in a front yard;
• Eight (8) parking spaces shall be provided, of which a minimum of
two (2) spaces should be reserved for persons with disabilities.
Site Development
• Maximum lot coverage-60%;
• Minimum landscaped open space-30%
Building Height
• Maximum building height, 7.3 meters, which excludes main place
of worship building ( i.e. existing stone church).
(i)
R3-9 (ADDED USE – DEVELOPMENT RESTRICTIONS)
area zoned R3-9 on Schedule “A” hereto, the following additional uses
and development standards shall apply:
Additional Use
• APARTMENT BUILDING (SPECIAL NEEDS) means an apartment
building designed for the accommodation and occupancy by elderly
and/or persons having a physical disability which is owned and
managed by a public housing authority or non-profit organization or a
charitable institution;
• maximum units, 60;
Building location
• a new lot line may be established with a 0.0 metre setback provided it
abuts only land owned by the South Dumfries Non-Profit Housing
Corporation;
• Rear yard setback (southerly), 20 metres;
• Side yard setback, 15 metres
By-Law 110-01, March, 2015
18-6
SECTION 18
•
no accessory building or structure as well as site alteration, save and
except works required for landscaping and on-site storm water
management, shall be permitted within the rear and side yards;
Site Development
• maximum lot coverage, 40% (apartment), all other uses, 35%;
• minimum landscaped open space, 30%;
Building Height
• maximum building height, 12.2 metres above the existing grading
elevation at the side/rear yard limit at the time this By-Law is in force
(apartment);
• maximum building height, 15 metres if an average grading elevation is
utilized in so far as the 12.2 metres above the existing grade elevation
is not exceeded (apartment);
• all other uses, 8.5 metres.
(j)
R3-10 (LOPMENT STANDARDS)
area zoned s-R3-10 on Schedule “C” hereto to attached to By-law 110-01,
the permitted uses are limited to street rowhouses, a common elements
condominium and accessory uses, subject to these development
standards, unless otherwise specified below: (Maps 19 and 19B)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
For the purpose of determining permitted use, development
standards, setbacks, frontage and regulations for the Common
Element Condominium as described in this By-law, “Private Road”
shall be considered the public street.
The maximum number of Street Rowhouse Dwellings shall be 95
units.
In addition to the garage and driveway of each dwelling unit, an
additional 44 visitor parking spaces shall be provided.
Visitor parking is permitted to be located within 0.1 metres to a lot
line.
The maximum height of any building shall be 8.5 metres.
The following setback provisions shall apply:
Provision
Lot Area (Minimum)
Interior Lot Frontage (Minimum)
Exterior Lot Frontage (Minimum)
Front Yard (Minimum)
Unit Type A
140 m2
7.2 m
9.0 m
5.7 m
By-Law 110-01, March, 2015
Unit Type B
140 m2
5.4 m
N/A
5.7 m
Unit Type C
140 m2
5.4 m
N/A
5.7 m
18-7
SECTION 18
(Units 75 & 92 shall be 4.4 m; Units 76 & 91 shall be 5.2 m; Unit 1 front
yard setback shall be 5.4 m)
Interior Side Yard (Minimum)1.5 m
1.5 m
1.5 m
(Unit 38 shall have a minimum interior side yard setback of 1.2 m)
Exterior Side Yard (Minimum)1.8 m
N/A
N/A
Rear Yard (Minimum) Unit Type A:2.5 m (abutting Willow Street)
Unit Type B- 6.0 m (Unit 62, the minimum rear
yard setback shall be 2m)
Unit Type C- 5.2 m (Units 2 - 21, no buildings,
structures or landscape material shall be permitted
within 2 m of the rear lot line)
Lot Coverage (Maximum)64%
54%
60%
(k)
Space.
(l)
Notwithstanding any provisions of this By-law to the contrary, within any
Lot Area (Minimum)
460m²
Lot Frontage (Minimum) 15.0m
Front Yard depth (Minimum) 4.5m provided no part of the
front lot line.
Interior Side Yard (Minimum) 1.0m provided that on a lot
Where there is no attached
Private carport or attached
garage the minimum interior side
yard width shall be 3.0m on one
side and 1.0m on the other side.
3.0m
6.0m
Lot Coverage (Maximum) 45%
Lot Coverage Dwelling (Maximum)
40%
That all other provisions of the R3 zone in Section 18.3 and all other
provisions of By-law No. 110-01 as amended, that are consistent shall
apply (Key Maps 31 and 32).
By-Law 110-01, March, 2015
18-8
SECTION 18
(m)
Lot Area (Minimum)
380m²
4.5m provided no part of
The structure used as a carport
or garage is closer than 5.5m to
the front lot line.
Interior Side Yard (Minimum)
1.0m provided that on a lot
Where there is not attached
Private carport or attached
yard width shall be 3.0m on one
side and 1.0m on the other side.
Exterior Side Yard (Minimum) 3.0m
6.0m
Lot Coverage Dwelling (Maximum)
40%
(n)
area zoned h-R3-14 on Schedule ‘A’ hereto, the permitted use of the land
shall be limited to semi detached dwellings and accessory uses, buildings
and structures, subject to the following development standards:
Lot Area (Minimum):
- Semi detached dwelling
550 m2
2
- Semi detached dwelling unit 260 m
- Semi detached dwelling
18.0 m
- Semi detached dwelling unit 8.5 m
garage is closer than 5.5 m to
the front lot line.
1.0 m provided that on a lot
By-Law 110-01, March, 2015
18-9
SECTION 18
Where there is no attached
private carport or attached
yard width shall be 3.0m. There
is no interior side yard along the
common lot line of the semi
detached unit.
3.0 m
Rear Yard Depth (Minimum):
6.0 m
45%
Lot Coverage Dwelling (Maximum):
40%
All other provisions of the R3 zone in Section 18.3 and all other provisions
of By-law 110-01 as amended, that are consistent shall apply (Key Maps
31 and 32).
(o)
be limited to street rowhouse dwellings and accessory uses, buildings and
Lot Area (Minimum) 185m²
4.5m provided no part of the
front lot line.
Interior Side Yard (Minimum)
1.0m provided that on a lot where
there is not attached private
carport or attached garage the
minimum interior side yard width
shall be 3.0m. There is no interior
side yard along the common lot
line of the street rowhouse unit.
3.0m
6.0m
40%
Driveway width (Maximum)
50% of the frontage
By-Law 110-01, March, 2015
18-10
SECTION 18
(p)
area zoned R3-18 on Schedule “A” hereto, the following provisions shall
apply:
(i)
Street rowhouse dwelling:
Minimum front yard depth:
4.5 metres (provided no part of the
structure used as a garage is closer
than 6.0 metres to the front lot line, and
that no garage portion of a dwelling is
habitable part of the dwelling).
Lot Frontage (minimum):
5.5 metres
Exterior side yard width:
3.0 metres
Any yard abutting a public walkway:
2.0 metres
Interior side yard width (minimum):
1.2 metres
Lot Coverage (maximum):
52%
Driveway Width (maximum):
3.0 metres
(ii)
Single detached dwelling:
Minimum front yard depth:
Exterior side yard width:
Lot Coverage (maximum):
Lot Frontage (minimum):
Lot Area (minimum):
4.5 metres (provided no part of the
3.0 metres
40%
11.0 metres
385 square metres
All other requirements of the By-Law shall apply. (Key Map 31)
(q)
Space.
(r)
Lot Area (Minimum):
180 m2
6.0 m
By-Law 110-01, March, 2015
18-11
SECTION 18
garage is closer than 6.0 m to the
front lot line.
1.5 m
4.5 m
Lot Coverage (Maximum): 50%
provisions of By-law 110-01 as amended, that are consistent shall apply
(Key Maps 10, 18 and 19).
5. TEMPORARY USES
By-Law 110-01, March, 2015
19-1
SECTION 19
(1)
RESIDENTIAL MULTIPLE FIRST DENSITY (R4) ZONE
SCOPE
The provisions of this Section shall apply in all Residential Multiple First Density
(R4) Zones except as otherwise provided in the Special Provisions subsection of
this Section.
(2)
USES PERMITTED
No person shall within any Residential Multiple First Density (R4) Zone, use any
lot or erect, alter or use any building or structure for any purpose except for one
or more of the following R4 Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(3)
all uses permitted under the R3 Zone in accordance with the R3 Zone
requirements;
rowhouse dwelling;
fourplex dwelling;
accessory uses;
public use;
rowhouse dwelling;
ZONE REQUIREMENTS
No person shall within any Residential Multiple First Density (R4) Zone, use any
lot or erect, alter or use any building or structure except in accordance with the
(a)
LOT AREA (MINIMUM)
185 m² per unit
(b)
25.0 m, or
In an infilling situation, the frontage requirement may be reduced to 10.0
m, provided no buildings are located in any part of the lot less than 25.0 m
in width.
(c)
8.0 m
(d)
3.0 m
(e)
6.0 m
By-Law 110-01, March, 2015
19-2
SECTION 19
(f)
6.0 m
(4)
(g)
40%
(h)
30%
(i)
HEIGHT (MAXIMUM)
10.0 m
(j)
PRIVACY YARDS (MINIMUM)
6.0 m
A privacy yard shall be provided adjoining each exterior wall of every
dwelling unit that contains habitable room windows.
(k)
BUILDING SEPARATION (MINIMUM)
(i)
between two habitable room windows
15.0 m
(ii)
between a habitable room window and a non-habitable room
window
12.0 m
(iii)
between a habitable room window and a blank wall
7.5 m
(iv)
between two windows of non-habitable rooms
9.0 m
(v)
between a window in a non habitable room and a blank wall
4.0 m
(l)
SPECIAL PROVISIONS
(a)
R4-1 (LOT PROVISIONS)
zoned R4-1 on Schedule “A” hereto, the following lot provisions shall
apply:
1.
Lot Area (Minimum):
- Semi detached dwelling: 368 square metres
- Semi detached dwelling unit:
184 square metres
2.
Rear yard:
3.7 metres
(b)
R4-2 (CONDOMINIUM DEVELOPMENT)
to the contrary, within any area zoned R4-2 on Schedule “A” hereto, in
addition to the uses permitted in the Residential Multiple First Density (R4)
Zone, a condominium development consisting of a maximum of 36 units
shall also be permitted. A reduced front yard of not less than 7.6 metres
By-Law 110-01, March, 2015
19-3
SECTION 19
shall be permitted and the provisions of Section 19(3) (k) shall not apply.
Furthermore, all the uses on the site shall be subject to site plan control.
(c)
area zoned R4-3 on Schedule “A” hereto, the minimum lot frontage shall
be 9.0 meters and Section 19(3) (k) shall not apply.
All other
(d)
Notwithstanding subsections 19(3)(d), 19(3)(f) and 19(3)(k) and any other
provision of this by-law to the contrary, within any area zoned R4-4 on
Schedule “A” hereto, the following development standards shall apply;
i.
i The minimum interior side yard shall be 3.0 metres;
ii.
ii The minimum rear yard shall be 4.7 metres;
iii.
iii The minimum distance between two rowhouse buildings shall be
13.0 metres;
(Maps 15 & 15A)
(e)
R4-5 (DEVELOPMET STANDARDS)
area zoned R4-5 on Schedule “A” hereto, Subsection 19(3)(k) shall not
apply and maximum height of any structure shall not exceed 7.0 metres.
(f)
area zoned R4-6 on Schedule “A” hereto, the permitted use of the land
shall be limited to rowhouse dwellings and accessory uses, buildings and
Front Lot Line:
Eastern lot line
Lot area (minimum): 185m²per unit
Lot Frontage (Minimum): 25.0m
Front Yard Depth (minimum): 3.0m
3.0m
3.0m
(Maximum):
4.5m
Rear Yard (minimum):
6.0 metres
Privacy Yard (Minimum): 6.0m
A privacy yard shall be provided
adjoining each rear exterior wall
of each dwelling unit that
By-Law 110-01, March, 2015
19-4
SECTION 19
contains a habitable room
window.
Building Seperation:
N/A
Section 19(3)(k) shall not apply.
All other provisions of the R4 Zone in Section 19.3 and all other provisions
of By-law 110-01 as amended, that are consistent shall apply (Key Maps
31 and 32)
(g)
1. The minimum interior side yard shall be 3.0
metres;
2. The minimum rear yard shall be 4.7 metres; and
3. The minimum distance between two rowhouse
buildings shall be 13.0 metres;
of By-law 110-01 as amended that are consistent shall apply. (Key Maps
31 and 32)
(h)
(i)
For street row house dwellings the following minimum standards
shall apply:
(a)
Lot Area (Minimum):
180 m2
(b)
6.0 m
(c)
(d)
4.5 m, provided no part of
the structure used as a carport or
front lot line.
1.5 m
(e)
4.5 m
(f)
By-Law 110-01, March, 2015
19-5
SECTION 19
(i)
For row house dwellings the following minimum development
(a)
Lot Area (Minimum):
180 m2
(b)
garage is closer than 6.0 m to the
front lot line.
(c)
1.5 m
(d)
4.5 m
(e)
provisions of By-law 110-01 as amended, that are consistent shall apply
(Key Maps 10, 18 and 19).
(i)
area zoned R4-9 on Schedule “A” hereto, the permitted uses of land shall
be extended to also include a retirement home in accordance with the
requirements of Section 19. All other uses are subject to the following
zone requirements:
•
•
•
Lot area, lot frontage and yards shall be determined as if the
common
element road were a public street.
Minimum front yard:
4.5 metres provided except to a garage which
shall be 5.5 metres
Minimum interior side yard:3.0 metres
Minimum Rear Yard:
6.0 metres
Other provisions:
By-Law 110-01, March, 2015
19-6
SECTION 19
(j)
area zoned R4-11 on Schedule “A” hereto, the following provisions shall
apply to rowhouse dwellings:
Minimum Front Yard depth:
4.5m (provided no part of
the structure used as a
garage is closer than 6.0m
to the front lot line, and
that no garage portion of a
dwelling is located nearer
to the street line than the
habitable part of the
dwelling.)
Lot frontage (minimum): 6.0 metres
Exterior Side Yard (Minimum): 3.0m
Interior side yard width (minimum): 1.2 metres
10.0m
Privacy yards (minimum): 6.0 metres adjoining each rear
exterior wall of every dwelling
unit.
That all other provisions of Section 19(3)(k) shall not apply. All other
requirments of the by-law shall apply. (Key Map 31)
(k)
Space
(l)
zoned R4-13 on Schedule “A” hereto, the following shall apply;
• A lot does not require frontage on public street;
• A rowhouse development with frontage on a private street;
• A lot is considered to be the land area which constitutes a Unit of a
condominium corporation;
• Lot area, lot frontage, and yards shall be determined as if the common
element road were a public street;
• Adjacent shall mean abutting or separated by a portion of the common
element;
Building Separation (Minimum)
3.0m
Front Yard Setback Per Block (Minimum)
Front Yard Setback Per Unit (Minimum)
4.5m
7.0m
By-Law 110-01, March, 2015
19-7
SECTION 19
Interior Side Yard Setback (Minimum)
Exterior Side Yard Setback (Minimum)
60%
Landscaped Open Space (Minimum)
1.5m
1.5m
25%
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
20-1
SECTION 20
ZONE
(1)
RESIDENTIAL MULTIPLE SECOND DENSITY (R5)
SCOPE
The provisions of this Section shall apply in all Residential Multiple Second
Density (R5) Zones except as otherwise provided in the Special Provisions
subsection of this Section.
(2)
USES PERMITTED
No person shall within any Residential Multiple Second Density (R5) Zone, use
any lot or erect, alter or use any building or structure for any purpose except for
one or more of the following R5 Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(3)
all uses permitted in the R4 Zone in accordance with the applicable R3
and R4 Zone requirements.
apartment building;
multiple dwelling;
continum-of-care facility.
accessory use;
public use;
rowhouse dwelling;
ZONE REQUIREMENTS
No person shall within any Residential Multiple Second Density (R5) Zone, use
any lot or erect, alter or use any building or structure except in accordance with
the following provisions.
(a)
LOT AREA (MINIMUM)
- 800 square metres for the first 4 units plus 90 square metres for each
additional unit.
(b)
30.0 m
(c)
7.5 m
(d)
the building, whichever is greater.
6.0 m or half the height of
By-Law 110-01, March, 2015
20-2
SECTION 20
RESIDENTIAL MULTIPLE SECOND DENSITY (R5) ZONE
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM) 5.0 m or half the height of
the building, whichever is greater.
(f)
7.5 m
(g)
including parking structures
40%
(h)
30%
(i)
(j)
HEIGHT (MAXIMUM)
PRIVACY YARDS (MINIMUM)
20.0 m
7.0 m
A privacy yard shall be provided adjoining each exterior wall of every
dwelling unit that contains habitable room window.
(4)
(k)
BUILDING SEPARATION (MINIMUM)
(i)
between two habitable room windows
15.0 m
(ii)
between a habitable room window and a non-habitable room
window
12.0 m
(iii)
between a habitable room window and a blank wall
7.5 m
(iv)
between two non habitable room windows
9.0 m
(v)
between a non-habitable room window and a blank wall
4.0 m
(l)
SPECIAL PROVISIONS
(a)
R5-1 (HEIGHT LIMIT)
contrary, within any area zoned R5-1 on Schedule ‘A’ hereto, the
maximum height of any building shall be 10.5 metres. All other
(b)
R5-2 (SENIORS’ APARTMENT)
zoned R5-2 on Schedule “A” hereto, any apartment building shall be
limited to 36 units and parking for an apartment building shall be provided
at a rate of 2 spaces per unit. All other requirements of the By-Law shall
By-Law 110-01, March, 2015
20-3
SECTION 20
(c)
Number of apartments permitted:
100 (maximum)
Number of parking spaces required:
1.25 spaces per unit.
(d)
R5-4 (APARTMENTS)
area zoned R5-4 on Schedule “A” hereto, the minimum yard dimensions
as measured to the property line, shall be:
•
Front Yard
0.0m
•
Left Side Yard
4.1m
•
Right Side Yard
0.0m
•
Rear Yard
9.5m
The lot coverage shall be 42%. These provisions apply to the building, as
it existed July 1, 2005. Further, the minimum number of required parking
spaces for persons with a disability shall be two (2) and the minimum
number of all parking spaces shall be 26. These parking spaces may be
located off of the site, within 60 metres of the site. All other requirements
of the By-Law shall apply. (Maps 18 and 18B)
(e)
R5-5 (APARTMENTS)
area zoned R5-5 on Schedule “A” hereto, principal access to an apartment
unit may be directly from the outside of the building and, furthermore the
zone requirements shall be as follows:
Apartment units (maximum):
21
Front yard (minimum)
7.0m
Right (west) side yard (minimum) 3.0m, except if the elevation of
the of the first floor of apartments
is greater than 1.5m above
grade, in which case the
minimum right (west) side yard
shall be 4.2m
Privacy yard:
not required
Parking spaces (minimum):
30, two (2) of which shall be
designated for persons with
disabilities
(f)
R5-6 (APARTMENTS)
By-Law 110-01, March, 2015
20-4
SECTION 20
area zoned R5-6 on Schedule “A” hereto, the permitted yard dimensions
and building separation shall be as existing on October 1, 2007 and the
minimum size of a one bedroom apartment shall be 50.0 square metres.
(g)
R5-7 (BUILDING SEPERATION MINIMUM)
area zoned R5-7 on Schedule “A” hereto, Section 20(3)(k) does not apply.
(h)
area zoned R5-8 on Schedule “A” hereto, the permitted use of the land
shall be limited to apartment buildings, continuum or care facilities and
accessory uses, buildings and structures, subject to the following
Front lot Line:
Easterly lot line
Lot Area:
90m²
Lot Frontage (Minimum): 30.0m
7.5m
3.0m
Exterior Side Yard (Minimum): 3.0m
(Maximum): 6.0m
Rear Yard Depth (Minimum):
3.0m
(Maximum): 6.0m
Height (Maximum): 20.0m
Private Yards:
N/A
Building Seperation: N/A
Section 20(3)(j) and (k) shall not apply.
of By- law 110-01 as amended, that are consistent shall apply. (Key
Maps 31and 32)
(i)
R5-10 SPECIAL PROVISIONS)
Maximum number of Dwelling Units:
104
Minimum front yard: 7.5 metres
Minimum interior side yard:
10 metres
Minimum rear yard:
7.5 metres. A parking structure may have a
minimum rear yard of 3.0 metres provided it
extends no greater than 1 metre above the
finished grade.
By-Law 110-01, March, 2015
20-5
SECTION 20
Maximum Building Height: 12 storeys
(j)
area zoned R5-12 on Schedule ‘A’ hereto, in addition to the uses
permitted in the Residential Multiple Second Density (R5) Zone, a street
rowhouse in accordance with the Special Provision Residential Third
Density (R3-18) Zone or a rowhouse dwelling in accordance with the
following provisions shall also be permitted:
(i)
Apartment Building:
Number of apartments permitted: 125 (maximum)
Number of parking spaces required:
1.25 spaces per unit
(ii)
Rowhouse dwelling in accordance with the following provisions and
all other requirements of the R4 Zone:
Minimum front yard depth: 4.5 metres (provided no part of the
Lot Frontage (minimum): 6.0 metres
Interior side yard width (minimum): 1.2 metres
Lot Coverage (maximum): 45%
Privacy yards (minimum): 6.0 metres adjoining each rear exterior
wall of every dwelling unit.
(iii)
Single detached dwelling:
Lot Coverage (maximum): 40%
Lot Frontage (minimum): 11.0 metres
By-Law 110-01, March, 2015
20-6
SECTION 20
(5)
All other requirements of the By-Law shall apply (Key Map 31).
TEMPORARY USES
By-Law 110-01, March, 2015
21-1
SECTION 21
(1)
RESIDENTIAL OFFICE (RO) ZONE
SCOPE
The provisions of this Section shall apply in all Residential Office (RO) Zones
Section.
(2)
USES PERMITTED
No person shall within any Residential Office (RO) Zone, use any lot or erect,
the following RO Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(3)
all uses permitted within a RH Zone in accordance with the applicable RO
Zone regulations;
studio;
public use;
personal service shop (excluding laundromat, and dry cleaning/laundry
establishment);
existing use;
dwelling unit;
medical/dental office;
business office;
service office;
professional office;
rowhouse dwelling;
ZONE REQUIREMENTS
No person shall within any Residential Office (RO) Zone, use any lot or erect,
provisions:
(a)
Fully
Serviced
Communal
Sanitary
Water
Only
LOT AREA (MINIMUM)
(i)
465 m²
650 m²
1350m²
(ii)
Duplex, lodging house
550 m²
700 m²
3000m²
(iii)
550 m²
750 m²
2700
By-Law 110-01, March, 2015
21-2
SECTION 21
- Semi-detached unit
(b)
Fully
Serviced
260 m²
Communal
Sanitary
350 m²
Water
Only
1300m²
(iv)
Non-residential uses and
residential combination
465 m²
650 m²
1350m²
(v)
Dwelling unit (per unit)
185 m²
225 m²
500 m²
(i)
15.0 m
18.0 m
23.0 m
(ii)
Duplex dwelling, lodging
house
18.0 m
18.0 m
23.0 m
(iii)
unit
18.0 m
8.5 m
20.0 m
9.0 m
40.0 m
18.0 m
(iv)
Non-residential uses and
residential combination
15.0 m
18.0 m
23.0 m
8.5 m
9.0 m
18.0 m
(v)
Dwelling unit not specified
above (Per unit)
(c)
6.0 m
(d)
1.5 m
Provided that on a lot where there is no attached private garage or
(e)
6.0 m
(f)
(g)
40%
(h)
20%
7.5 m
By-Law 110-01, March, 2015
21-3
SECTION 21
(i)
HEIGHT (MAXIMUM)
(j)
PARKING AND LOADING
10.5 m
No parking or loading areas shall be located in the front yard.
(k)
(4)
SPECIAL PROVISIONS
(a)
(5)
The provisions of section 3.
RO-1 (PARKING)
area zoned RO-1 on Schedule “A” hereto, parking in association with the
office uses shall be one parking space for every 27.5 square metres of
office space. (Maps 15 & 15A)
TEMPORARY USES
By-Law 110-01, March, 2015
22-1
SECTION 22
(1)
RESIDENTIAL MOBILE HOME PARK (RMH) ZONE
SCOPE
The provisions of this Section shall apply in all Residential Mobile Home Park
(RMH) Zones except as otherwise provided in the Special Provisions subsection
of this Section.
(2)
USES PERMITTED
No person shall within any Residential Mobile Home Park (RMH) Zone, use any
lot or erect, alter or use any building or structure for any purpose except for one
or more of the following RMH Zone uses, namely:
(a)
(b)
(c)
(3)
mobile home park;
mobile home;
modular dwelling.
ZONE REQUIREMENTS
No person shall within any Residential Mobile Home Park (RMH) Zone, use any
lot or erect, alter or use any building or structure except in accordance with the
(a)
(b)
LOT AREA (MINIMUM)
(i)
mobile home park - not less than 4 ha and not more than 20 ha
(ii)
modular/mobile home lot - not less than 325 m²
(i)
mobile home park
30.0 m
(ii)
modular/mobile home lot
12.0 m
(c)
(i)
mobile home park
10.0 m
(ii)
modular/mobile home lot 3.5 m
(d)
(i)
mobile home park
5.0 m
(ii)
modular/mobile home lot 2.5 m on one side and 1.2 m on the
other side
By-Law 110-01, March, 2015
22-2
SECTION 22
RESIDENTIAL MOBILE HOME PARK (RMH) ZONE
(e)
(i)
mobile home park
10.0 m
(ii)
(f)
(i)
mobile home park
5.0 m
(ii)
(g)
(h)
BUILDING HEIGHT (MAXIMUM) 5.0 m
(i)
30%
30% of each mobile home lot plus 8% for use in common by all persons
living within the mobile home park.
(j)
CLARIFICATION OF YARD REQUIREMENTS FOR MOBILE HOME
LOTS
Notwithstanding the definitions contained in Section 2 hereof, the lot area,
lot frontage and yards pertaining to mobile home lots shall be determined
as if such mobile home lots were separate lots as defined herein and as if
any driveways providing access to the said mobile home lots were
improved streets.
(k)
(4)
SPECIAL PROVISIONS
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
23-1
SECTION 23
(1)
RESIDENTIAL TRAILER PARK (RT) ZONE
SCOPE
The provisions of this Section apply to all Residential Trailer Park (RT) Zones
Section.
(2)
USES PERMITTED
No person shall within any Residential Trailer Park (RT) Zone use any lot or
erect, alter or use any buildings or structures for any purpose except for one or
more of the following RT Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(3)
recreation trailer park;
campground;
conservation use;
forestry use;
golf course;
public or private park;
public use;
accessory uses, including a maximum of two permanent dwelling units per
Residential Trailer Park.
ZONE REQUIREMENTS
No person shall within any Residential Trailer Park (RT) Zone, use any lot or
(a)
LOT AREA (MINIMUM)
4.0 ha
(b)
TRAILER SITE AREA (MINIMUM)
185 m²
(c)
40.0 m
(d)
TRAILER SITE FRONTAGE (MINIMUM)
10.0 m
(e)
SITE ACCESS (MINIMUM)
4.0 m
(f)
25.0 m
(g)
(h)
25.0 m
15.0 m
By-Law 110-01, March, 2015
23-2
SECTION 23
(4)
(i)
15.0 m
(j)
40%
(k)
20%
(l)
HEIGHT (MAXIMUM)
9.0 m
(m)
SPECIAL PROVISIONS
(a)
RT-1 (TRAILER AND TENT CAMPSITES)
contrary, within any area zoned RT-1 on Schedule "A" hereto, the
permitted uses shall be limited to a maximum of 85 trailer campsites and
15 tent campsites. All other requirements of the Zoning By-Law shall
apply.
(b)
RT-2 (EXTENDED SEASON)
area zoned RT-2 on Schedule “A” hereto, the permitted uses shall be
limited to 85 trailer sites, which may occupied only between March 1st and
January 31st, inclusive and which must be unoccupied between February
1st and February 28th or February 29, inclusive, and one (1) single
detached dwelling which may be occupied year-round.
All other
(c)
RT-3 (NUMBER OF CAMPSITES, EXTENDED OPERATING SEASON)
maximum number of campsites shall be limited to 400 sites of which 30
campsites may be used for tourist trailers or campers between March 15th
and December 15th inclusive, while all other campsites may only be
occupied between April 1st to October 31st inclusive in any calendar year.
All other requirements of the Zoning By-Law shall apply.
(d)
RT-4 (NUMBER OF CAMPSITES, DWELLING AND APARTMENT UNIT)
maximum number of campsites shall be restricted to 300 sites, of which
24 campsites may be used for tourist trailers or campers between March
15th and December 15th inclusive while all other campsites may only be
By-Law 110-01, March, 2015
23-3
SECTION 23
(e)
(5)
occupied between April 1st to October 31st inclusive in any calendar year.
Furthermore, one single dwelling unit and one apartment dwelling unit
accessory to the trailer camp or campground shall also be permitted. All
other requirements of the Zoning By-Law shall apply.
RT-5 (NUMBER OF CAMPSITES, YARD REQUIREMENTS)
maximum number of campsites shall be restricted to 120 sites.
Furthermore, a minimum interior side yard of 4 metres shall be provided
and any garbage disposal containers shall be located 20 metres from any
abutting property line. All other requirements of the Zoning By-Law shall
apply.
TEMPORARY USES
By-Law 110-01, March, 2015
24-1
SECTION 24
GENERAL COMMERCIAL (C1) ZONE
1. SCOPE
The provisions of this Section shall apply in all General Commercial (C1) Zones
Section.
2. USES PERMITTED
No person shall within any General Commercial (C1) Zone, use any lot or erect,
the following (C1) Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
amusement game establishment;
art gallery;
assembly hall;
bake shop;
catalogue store;
cinema;
clinic;
commercial recreation establishment;
commercial school;
continuum of care facility;
data processing establishment;
day care;
dry cleaner’s distribution station;
dwelling units restricted to above the first floor;
financial institution;
florist shop;
food store;
funeral home;
garden centre;
hardware store;
home and auto supply store;
home appliance store;
home decorating store;
home for the aged;
home furnishing store;
home improvement store;
hotel or motel;
institutional use;
laboratory;
laundromat;
By-Law 110-01, March, 2015
24-2
SECTION 24
(ff)
library, public;
(gg) medical/dental office;
(hh) merchandise service shop;
(ii)
museum;
(jj)
nursing home;
(kk) office;
(ll)
parking lot;
(mm) personal service shop;
(nn) pharmacy;
(oo) place of entertainment;
(pp) printing shop;
(qq) public use;
(rr)
recreational establishment;
(ss) repair and rental establishment;
(tt)
restaurant;
(uu) restaurant, fast-food, but does not include a drive-through restaurant;
(vv) retail store;
(ww) retirement lodge;
(xx) studio;
(yy) supermarket;
(zz) tavern;
(aaa) taxi establishment;
(bbb) theatre;
(ccc) veterinary clinic;
(ddd) video rental establishment;
(eee) wholesale use accessory to a permitted C1 use;
(fff) any existing automotive use;
(ggg) any existing dwelling unit.
3. ZONE REQUIREMENTS
No person shall within any General Commercial (C1) Zone, use any lot or erect,
provisions:
Fully
Serviced
Commun
Sanitary
Water
Only
No
Service
s
(a)
LOT AREA
(MINIMUM)
No
Minimum
400 m²
700 m²
3000
m²
(b)
LOT FRONTAGE
No
15.0 m
15.0 m
35.0 m
By-Law 110-01, March, 2015
24-3
SECTION 24
(MINIMUM)
(c)
(d)
FRONT YARD
DEPTH (MINIMUM)
Minimum
No
Minimum
except as
provided in
Section
3(23)
hereof
No Min.
7.5 m
9.0 m
No Minimum
Provided that where the interior side lot line abuts land in a zone other
than a Commercial or Institutional Zone, the minimum interior side yard
width shall be 7.0 m.
(e)
No Minimum
(f)
7.5 m
Except for those properties abutting the Grand River or Nith River, there
shall be no minimum.
(g)
HEIGHT (MAXIMUM)
10.0 m
Or as outlined below, whichever is the greater:
(i)
arapet line for buildings located on a corner: The top of the highest
projection along the facade may be no more than 50 cm higher
than the highest parapet line along the block in which the building is
situated. Any new building replacing a damaged building should be
built to the height of the original building.
(ii)
Parapet line for buildings located between two other buildings: The
top of the highest projection along the facade may be no more than
50 cm higher than the higher parapet line of the two adjacent
buildings.
(iii)
Roof line: If a roof is flat, it shall be located lower than the parapet.
If a roof is sloped, its ridge shall be no higher than the highest ridge
or parapet on the block on which the building is situated.
Chimneys are not included in the height restrictions.
(h)
HERITAGE BUILDINGS
By-Law 110-01, March, 2015
24-4
SECTION 24
If a building or structure that is designated as a Heritage Building under
the Heritage Act, R.S.O. 1990 is demolished, removed or destroyed, any
new building or structure to occupy the lot must be of the same height,
volume, floor area, general form, mass, and external design as the original
building or structure.
(i)
OPEN STORAGE
No open storage of goods, materials or waste shall be permitted.
(j)
4. SPECIAL PROVISIONS
(a)
C1-1 (RETAIL AND RESIDENTIAL)
contrary, within any area zoned C1-1 on Schedule "A" hereto, the
permitted uses shall be limited to a retail store, an apartment located on
the second or third floor and uses accessory to the foregoing. All other
(b)
C1-2 (RETAIL AND RESIDENTIAL)
permitted uses shall be limited to a gift shop/antique store and one
accessory apartment. All other requirements of the By-Law shall apply.
(c)
C1-3 (SALE AND RENTAL OF MOTOR VEHICLES)
contrary, within any area zoned C1-3 on Schedule "A" hereto, in addition
to the uses permitted in the General Commercial (C1) zone, the sale and
rental of motor vehicles shall also be permitted. All other requirements of
(d)
C1-4 (RESTRICTED COMMERCIAL)
contrary, within any area zoned C1-4 on Schedule “A” hereto the
permitted uses shall be limited to:
- an accessory dwelling unit;
- a bank;
- a business or professional office;
- a clinic;
- a day nursery;
- a gas bar;
- a merchandise service shop;
By-Law 110-01, March, 2015
24-5
SECTION 24
- a personal service shop;
- a pet grooming shop, not including the breeding, raising or
boarding of animals, a veterinarian’s clinic or a kennel;
- a private club;
- a public use;
- a refreshment room, subject to the approval of the Brant County
Heal Unit;
- a restaurant, subject to the approval of the Brant County Health
Unit;
- a retail store;
- a variety store;
- an accessory use.
(e)
C1-5 (OFFICE, STUDIO, WAREHOUSE, WORKSHOP AND SERVICE
SHOP)
to the contrary, within any area zoned C1-5 on Schedule "A" hereto, the
permitted uses shall be limited to a business or professional office, a
studio, a warehouse, an accessory workshop, an accessory photographic
processing room and a parking lot. The following provisions shall also
apply: minimum lot area of 1828 square metres; minimum lot frontage of
29.8 metres; minimum lot depth of 61 metres; minimum front yard of 3
metres (9.8 ft.); minimum interior side yard of 0.8 metres; minimum
exterior side yard of 5.5 metres; minimum rear yard of 7.5 metres;
minimum landscaped open space is 15% of the lot area; maximum lot
coverage for all buildings is 50% of the lot area; maximum building height
of 9 metres; minimum of 10 parking spaces are required for an artwork
studio and accessory uses. Any other uses established on the property
are required to provide parking in accordance with the provisions of
Section 3. Furthermore, no outside storage is permitted and all signage
shall be non-internally illuminated. All other requirements of the By-Law
shall apply.
(f)
C1-6 (RESIDENTIAL)
to the uses permitted in the Commercial (C1) Zone, a residential
apartment that is separate and not accessory to a commercial use shall
(g)
C1-7 (NURSERY SCHOOL AND RESIDENTIAL)
By-Law 110-01, March, 2015
24-6
SECTION 24
(h)
to the uses permitted in the Commercial (C1) Zone, a nursery school and
a residential apartment that is not accessory to the commercial use shall
also be permitted. However, the apartment must have a minimum floor
area of 46.5 square metres. All other requirements of the By-Law shall
apply.
C1-8 (LIMITED COMMERCIAL USES)
contrary, within any area zoned C1-8 on Schedule “A” hereto, the
uses shall be limited to;
-a dental office;
-a business or professional office;
-a coffee shop;
-a retail store;
-a service shop;
-a tradesman shop with no outside storage;
-a warehouse;
-a retail outlet;
-a wholesale outlet;
-dwelling units restricted to above the first floor;
A minimum of 40 parking spaces shall be provided on the property. All
other requirements of the By-law shall apply. (Maps 58 & 58A)
(i)
C1-9 (RESIDENTIAL)
contrary, within any area zoned C1-9 on Schedule "A" hereto, no single
detached dwelling shall be permitted. Furthermore, the minimum required
lot area shall be 312 square metres and the yard requirements are varied
to recognize those yards that existed on March 21, 1988. All other
(j)
C1-10 (LOT PROVISIONS)
to the contrary, within any area zoned C1-10 on Schedule "A" hereto, the
following lot provisions shall apply: minimum lot frontage of 20 metres;
minimum lot area of 1270 square metres; minimum front yard setback of
12 metres; minimum exterior side yard of 6 metres; maximum number of
residential uses shall be 1 dwelling unit; minimum gross floor area of
dwelling unit shall be 90 square metres; and the maximum gross floor
area of a dwelling unit shall be 110 square metres. Furthermore, no
commercial use shall be permitted on the lands unless it is a recognized
By-Law 110-01, March, 2015
24-7
SECTION 24
low volume water user with respect to both water consumption and
discharge. All other requirements of the By-Law shall apply.
(k)
C1-11 (USE RESTRICTION)
contrary, within any area zoned C1-11 on Schedule "A" hereto, uses shall
be restricted to a private garage use and to storage uses accessory to the
principal commercial and residential uses. Furthermore, no outside
storage is permitted, the building height shall not exceed 4.5 metres, the
gross floor area of the commercial establishment shall not exceed 114
square metres, the minimum yard setback from Cunning Street and from
Malcolm Street shall be 6.0 metres, and the minimum interior side yard
(l)
C1-12 (SOCCER FIELD)
contrary, within any area zoned C1-12 on Schedule "A" hereto, outdoor
recreational uses, shall also be permitted. All other requirements of the
(m)
C1-13 (SHOPPING CENTRE)
area zoned C1-13 on Schedule “A” hereto, the permitted uses shall be
limited to a shopping centre which may contain any of the uses of the C1
zone subject to the following qualifications or exceptions:
• a financial institution shall not be permitted within an area zoned C113;
• the floor area occupied by any pharmacy may not exceed 372 square
metres;
• any area zoned C1-13 shall be and remain a single lot and the floor
area of all buildings and structures on that lot shall not exceed 12,077
square metres.
(n)
C1-14 (PERMITTED USES AND DEVELOPMENT STANDARDS)
area zoned C1-14 on Schedule “A” hereto, the following shall apply:
Additional permitted uses:
• a liquor, beer and/or wine store to a maximum of 372 square
metres;
• a convenience store to a maximum of 300 square metres;
• an office supply outlet (retail only – no wholesale) to a maximum of
900 square metres;
By-Law 110-01, March, 2015
24-8
SECTION 24
•
an automobile service station, gas bar, car wash and drive-through
restaurant.
C1 uses permitted with limitations:
• a pharmacy to a maximum of 235 square metres, and
• a financial institution to a maximum of 235 square metres..
Yards:
• The minimum front yard of an institutional use shall be 15.0 metres,
and the minimum front yard of an automobile service station, gas
bar, car wash and drive-through restaurant use shall be 16.0
metres;
• The minimum right (north) interior side yard of an institutional use
shall be 10.0 metres, the minimum right (north) interior side yard of
a commercial use shall be 7.0 metres, and the minimum right
(north) interior side yard of an automobile service station, gas bar,
car wash and drive-through restaurant use shall be 49 metres;
• The minimum rear yard of an institutional use shall be 7.0 metres,
and the minimum rear yard of an automobile service station, gas
bar, car wash and drive-through restaurant use shall be 49 metres;
• The minimum left (south) interior side yard shall be 0.0 metres.
Other:
• A 6.0m landscaped buffer strip shall be provided adjacent to the
north and west property lines;
• The minimum landscaped area shall be 15 percent;
• The maximum lot coverage (excluding institutional uses) shall be
25 per cent;
• The ground floor area of any individual commercial use on the lot
shall not exceed 929 square metres, save and except an office
supply outlet which is limited to a maximum of 900 square metres
and excluding institutional uses;
• The maximum height of any permitted use shall be one storey
adjacent to the north and west property lines.
All other requirements of the By-law shall apply. (Map 32).
(o)
C1-15 (LIMITED USES & DEVELOPMENT REQUIREMENTS)
uses shall be limited to;
-business or professional office;
-a tradesman shop with no outside storage;
By-Law 110-01, March, 2015
24-9
SECTION 24
-a single detached dwelling accessory to a permitted use;
-an apartment in the single detached dwelling
And the requirement shall be as follows;
-Minimum lot area 1,300m²;
-Minimum lot frontage 25m;
-Minimum interior side yard 3.0m;
-Minimum interior side yard or rear yard setback of 1.0m for the existing
accessory structure;
All other requirements of the By-law shall apply. (Maps 58 & 58A)
(o)
Space.
(p)
C1-17 (LIMITED USES)
zoned C1-17 on Schedule “A” hereto, to limit the uses permitted to the following:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Art gallery;
Bake shop;
Catalogue store;
Car sales outlet for a maximum of 12 vehicles, with no repairs onsite;
Clinic;
Data processing establishment;
Daycare;
Drycleaners Distribution Station;
Dwelling units;
Financial Institution;
Florist Shop;
Food Store;
Garden Centre;
Hardware Store;
Home and Auto Supply Store;
Home Appliance Store;
Home Decorating Store;
Home Furnishing Store;
Home Improvement Store;
Laundromat;
Medical/Dental Office;
Merchandise Service Shop;
Museum;
Office;
By-Law 110-01, March, 2015
24-10
SECTION 24
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Parking Lot;
Personal Service Shop;
Pharmacy;
Printing Shop;
Repair and Rental Establishment;
Restaurant;
Restaurant Fast Food, but does not include a drive thru restaurant;
Retail Store;
Studio;
Supermarket;
Tavern;
Veterinary Clinic;
Video Rental Establishment;
Wholesale Use Accessory to a permitted C1 Use;
Any existing automotive use;
Any existing dwelling unit;
5. TEMPORARY USES
By-Law 110-01, March, 2015
25-1
SECTION 25
(1)
HIGHWAY COMMERCIAL (C2) ZONE
SCOPE
The provisions of this Section shall apply in all Highway Commercial (C2) Zones
Section.
(2)
USES PERMITTED
No person shall within any Highway Commercial (C2) Zone, use any lot or erect,
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
assembly hall;
automotive use;
bake shop;
bulk sales establishment;
business office;
catalogue store;
clinic;
convenience store;
dry cleaning establishment;
duplicating shop;
dwelling unit accessory to a permitted use excluding an automotive use;
financial institution;
food store;
florist shop;
funeral home;
home and auto supply store;
home appliance store;
home furnishing store;
home improvement store;
hotel or motel;
liquor, beer and wine store;
nursery and garden store;
office, professional;
office, service;
office supply outlet;
personal service establishment;
place of worship;
By-Law 110-01, March, 2015
25-2
SECTION 25
(ee) printing establishment;
(ff)
public use;
(gg) recreational establishment;
(hh) repair and rental establishment;
(ii)
restaurant;
(jj)
restaurant, drive-through or fast-food;
(kk) retail store;
(ll)
supermarket;
(mm) veterinary clinic
(nn) video rental establishment;
(oo) any existing dwelling unit.
(3)
ZONE REQUIREMENTS
No person shall within any Highway Commercial (C2) Zone, use any lot or erect,
provisions:
(a)
(b)
Fully
Serviced
Communal
Sanitary
Water
Only
No
Service
s
LOT AREA
(MINIMUM)
(i)
automotive use
1000 m²
1500 m²
2000
m²
3000
m²
(ii)
motels, hotels
plus an
additional 45
m² for each
guest room in
excess of 4
700 m²
1000 m²
1500
m²
3000
m²
(iii)
other
600 m²
800 m²
1500
m²
3000
m²
30.0 m
30.0 m
30.0 m
30.0 m
LOT FRONTAGE
(MINIMUM)
(i)
automotive use
By-Law 110-01, March, 2015
25-3
SECTION 25
(c)
(d)
Fully
Serviced
Communal
Sanitary
Water
Only
(ii)
motels, hotels
30.0m
30.0 m
30.0 m
No
Service
s
30.0 m
(iii)
other
20.0 m
30.0 m
30.0 m
30.0 m
FRONT YARD
DEPTH (MINIMUM)
(i)
automotive use
15.0 m
15.0 m
15.0 m
15.0 m
(ii)
other uses
7.0 m
7.0 m
15.0 m
15.0 m
INTERIOR SIDE
YARD WIDTH
(MINIMUM)
7.0 m
7.0 m
7.0 m
7.0 m
Provided that where
the interior side lot
line
abuts
a
Residential Zone, the
minimum interior side
yard width shall be
15.0 m.
(e)
(i)
automotive use
15.0 m
(ii)
other uses
7.0 m
(f)
7.0 m
Provided that where the rear lot line abuts a Residential Zone, the
minimum rear yard width shall be 10.0 m
(g)
(i)
automotive use
(ii)
other uses
(h)
30%
50%
(iii)
automotive use
(iv)
other uses
10%
By-Law 110-01, March, 2015
5%
25-4
SECTION 25
(i)
to an automotive use
1 only, but not accessory
(j)
HEIGHT (MAXIMUM)
7.5 m
(k)
Accessory Uses, Parking, Home Occupation, etc. in accordance with the
provisions of Section 3 hereof.
(l)
GROSS LEASEABLE FLOOR AREA (MAXIMUM)
Retail stores not specifically listed
800 m²
(m)
(n)
SHIPPING CONTAINERS
(i)
(ii)
(iii)
(iv)
(v)
(4)
Shipping containers shall be permitted within the C2 Zone for storage
purposes
accessory to the main use on the property only.
purposes of a dwelling unit on any lot in the C2 Zone.
The number of shipping containers to be located on a lot in the C2
Zone shall not exceed one (1) and shall not be permitted within the
front yard or exterior side yard.
Shall not be located in a yard abutting a Residential Zone.
Any shipping container located on a lot within the C2 Zone shall be in
accordance with the requirements of the C2 Zone.
SPECIAL PROVISIONS
(a)
C2-1 (RETAIL, PARKING AND STORAGE OF CAMP TRAILERS AND
MANUFACTURING)
to the uses permitted in the Highway Commercial (C2) Zone, a retail store
limited in size to the floor area which existed on June 21, 1988, the
parking and storage of camper trailers and the fabrication of knives and
laundry hampers shall also be permitted. However, the total floor area of
the fabrication operation shall not exceed a gross floor area of 92.9 square
(b)
C2-2 (NURSERY, RETAIL AND RESIDENTIAL)
By-Law 110-01, March, 2015
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SECTION 25
permitted uses shall be limited to a nursery and garden store, a farm
produce retail outlet and a single detached dwelling which is accessory to
a permitted use. All other requirements of the By-Law shall apply.
(c)
C2-3 (SPECIFIED RETAIL SALES, RESIDENTIAL AND OFFICE)
permitted uses shall be limited to: a business involving the retailing and
servicing of boats, recreational vehicles and leisure equipment; a farm
implement dealer; a farm produce retail outlet; a motor vehicle sales and
rental establishment; a parking lot; a single detached dwelling accessory
to a permitted use; and a consulting office and business related to the
servicing of regulating equipment. All other requirements of the By-Law
shall apply.
(d)
C2-4 (ABATTOIR, RESIDENTIAL AND RETAIL)
to the uses permitted in the Highway Commercial (C2) Zone, an abattoir, a
retail store having a maximum gross floor area of 557.4 square metres, a
single detached dwelling and an dwelling unit located on the second floor
of the commercial business shall also be permitted.
All other
(e)
C2-5 (EATING ESTABLISHMENT PROHIBITED)
contrary, within any area zoned C2-5 on Schedule "A" hereto, an eating
establishment shall not be permitted. All other requirements of the ByLaw shall apply.
(f)
C2-6 (RESTRICTED AUTOMOTIVE)
contrary, within any area zoned C2-6 on Schedule “A” hereto, automotive
uses and underground storage tank shall not be permitted. Minimum
required parking space width may also be reduced to 2.75 metres. All
(g)
C2-7 (LIGHT MANUFACTURING)
to the uses permitted in the Highway Commercial (C2) Zone, light
manufacturing uses associated with a tire sales establishment shall also
be permitted. All other requirements of the By-Law shall apply.
By-Law 110-01, March, 2015
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SECTION 25
(h)
C2-8 (STORAGE)
to the uses permitted in the Highway Commercial (C2) Zone, a storage
use shall also be permitted. All other requirements of the By-Law shall
apply.
(i)
C2-9 (BODY SHOP AND SALVAGE YARD)
to the uses permitted in the Highway Commercial (C2) Zone, a body shop
and an automobile salvage yard shall also be permitted. All other
(j)
C2-10 (DWELLING PROHIBITED)
contrary, within any area zoned C2-10 on Schedule "A" hereto, a dwelling
unit shall not be permitted. All other requirements of the By-Law shall
apply.
(k)
C2-11 (BODY SHOP)
limited to a maximum lot coverage of 10% of the lot area shall also be
permitted.
Furthermore, a solid painted metal or painted wood
construction privacy fence, having a minimum height of 2 metres is
required to be erected on the easterly, northerly and westerly perimeters
of the subject lands. All other requirements of the By-Law shall apply.
(l)
C2-12 (TRANSPORT/TRUCK TERMINAL AND WAREHOUSE)
to the uses permitted in the Highway Commercial (C2) Zone, a
transport/truck terminal and a warehouse shall also be permitted. All other
(m)
C2-13 (MANUFACTURING AND VEHICLE REPAIR GARAGE)
to the uses permitted in the Highway Commercial (C2) Zone, the
fabrication, manufacturing and retailing of boilers and a vehicle repair
garage shall also be permitted. All other requirements of the By-Law
shall apply.
By-Law 110-01, March, 2015
25-7
SECTION 25
(n)
C2-14 (LIMITED SALES AND SERVICE)
permitted uses shall be limited to a vehicle repair garage; the sale and
service of recreational equipment; and accessory uses, buildings and
structures. All other requirements of the By-Law shall apply.
(o)
C2-15 (STORAGE AND MANUFACTURING)
to the uses permitted in the Highway Commercial (C2) Zone, a warehouse
for public self-storage and the light manufacturing of steel overhead
garage doors shall also be permitted. All other requirements of the ByLaw shall apply.
(p)
C2-16 (AGRICULTURAL RELATED COMMERCIAL USE)
to the uses permitted in the Highway Commercial (C2) Zone, an
agricultural related commercial use and accessory uses, buildings and
structures shall also be permitted. All other requirements of the By-Law
shall apply.
(q)
contrary, within any area zoned C2-17 on Schedule "A" hereto the
permitted uses shall be limited to: an automotive use excluding a body
shop; recreational vehicle and trailer service; a drive-through, fast food or
take-out restaurant; a retail store accessory to an automotive use; a public
use and a convenience store shall also be permitted.
All other
(r)
C2-18 (BODY SHOP PROHIBITED)
contrary, within any area zoned C2-18 on Schedule "A" hereto, all uses
permitted in the Highway Commercial (C2) Zone except for a body shop
(s)
C2-19 (AUTOMOTIVE USES)
contrary, within any area zoned C2-19 on Schedule “A” hereto, in addition
By-Law 110-01, March, 2015
25-8
SECTION 25
and an automotive rust proofing and oiling establishment shall also be
(t)
C2-20 (GAS STATION AND RELATED USES)
contrary, within any area zoned C2-20 on Schedule ‘A’ hereto, the
following regulations will apply:
•
Front Yard Depth minimum:
5.3m
•
Rear Yard Depth minimum:
25.0m
•
Interior Side Yard Depth minimum:
6.5m
•
Exterior Side Yard Depth minimum:
6.4m
•
Required Parking spaces:
5
For the purpose of this By-Law, the lot frontage is defined as the Hanlon
Street frontage. (Map 31)
(u)
C2-21 (RESIDENTIAL UNIT ALLOWED)
to the contrary, within any area zoned C2-21 on Schedule ‘A’ hereto, a
dwelling unit is a permitted use, the minimum interior side yard for a
dwelling unit shall be 3 metres. All other requirements of the By-Law shall
(v)
C2-22 (AUTO-BODY SALVAGE YARD)
contrary, within any area zoned C2-22 on Schedule ‘A’ hereto, an autobody salvage yard is a permitted use. Further, an auto-body salvage yard
shall be defined as a salvage yard associated with a permitted auto-body
shop. All other requirements of the By-Law shall apply. (Map 40)
(w)
C2-23 (CONTRACTOR’S YARD)
area zoned C2-23 on Schedule ‘A’ hereto, a contractor’s yard shall also be
permitted. The contractor’s yard and any associated outside storage shall
be no closer to the street line than the setback of the residence as of
October 21, 2003. All other requirements of the By-Law shall apply. (Map
33)
(x)
area zoned C2-24 on Schedule ‘A’ hereto, a contractor’s yard shall also be
60)
By-Law 110-01, March, 2015
25-9
SECTION 25
(y)
C2-25 (VETERINARY CLINIC, SMALL ANIMAL)
area zoned C2-25 on Schedule ‘A’ hereto, a veterinary clinic, small animal
shall be permitted. All other requirements of the By-Law shall apply. (Map
61)
(z)
C2-26 (LIMITED USES AND REDUCED YARDS)
area zoned C2-26 on Schedule “A” hereto, the permitted uses of land shall
be limited to vehicle sales or rental establishment and the following
regulations shall apply:
No more than ten (10) vehicles can be displayed or stored on the property
at any time.
The minimum Planting Strip adjacent to the rear lot line shall be 1.5m.
No Landscaped Open Space shall be required in the front yard except for
a minimum of 3m adjacent to the west property line and a minimum of
1.5m adjacent to the east property line.
• Minimum Lot Area
575m2
• Minimum Lot Frontage
20m
• Minimum Front Yard Depth 12m
• Minimum Interior Side yard
7m
• Minimum Rear Yard
1.5m
• Maximum Lot Coverage
10%
(aa)
C2-27 (ADDITIONAL USES)
area zoned C2-27 on Schedule “A” hereto, in addition to the uses
permitted in the Highway Commercial (C2) the following shall be permitted
uses: an agricultural equipment sales and service establishment, a
building supply outlet; a contractor’s shop and/or yard; a machine shop; a
tradesman’s shop, and a warehouse. All other requirements of the By-Law
By-Law 110-01, March, 2015
25-10
SECTION 25
(bb) C2-28 (REDUCED YARDS)
area zoned C2-28 on Schedule “A” hereto, the east interior side yard may
be 1.5 metres for a portion of the building not to exceed 15 metres and the
rear yard may be 3.8 metres for the existing building and an easterly
addition to the existing building. All other requirements of the By-Law
(cc)
C2-29 (DEVELOPMENT STANDARDS)
area zoned C2-29 on Schedule “A” hereto, the minimum left (north) side
yard shall be 2.6 metres and the minimum rear yard shall be 4.6 metres.
(dd)
C2-30 (NURSERY)
zoned C2-30 on Schedule "A" hereto, the permitted uses shall be limited
to a nursery and garden store and a farm produce retail outlet. A dwelling
shall not be permitted on lands zoned C2-30 zone. All other requirements
of the By-Law shall apply. (Maps 34 & 35)
(ee)
C2-31 (CONTRACTOR’S YARD AND STORAGE USE)
area zoned C2-31 on Schedule “A” hereto, the use of the property shall be
limited to the following uses only:
• an existing dwelling and uses accessory thereto;
• an existing contractor’s yard including materials, equipment, and
vehicle storage and accessory uses, buildings and structures totalling
440 square metres in floor area
• a warehouse, mobile shipping container, public self-storage use, which
for the purposes of the use on this property only shall be defined as:
a fenced compound of 1750 square metres in area, containing not
more than 40 mobile shipping containers, which do not exceed an
individual cubic dimension of 3.1m X 16.2m X 3.1m, where
individual storage containers are made available to the public for
the storage or keeping of goods. Where the containers are to be
placed on grade and are not permitted to be stacked one on top of
the other. Associated with the public self-storage use shall be a
parking lot of 1,225 square metres area. Also, associated with the
public self-storage use shall be an office trailer not to exceed a 38
sq. m in area.
• a seasonal nursery and garden centre use, which for the purposes of
the use on this property only shall be defined as:
By-Law 110-01, March, 2015
25-11
SECTION 25
a seasonal nursery and garden centre use consisting of a
temporary tent/awning structure, operating from March 1 to October
1 of any given year, and not to exceed an area of 279 sq. m. The
structures are to be dismantled shortly thereafter the October 1
season is over.
(ff)
C2-32 (YARD REQUIREMENTS)
area zoned C2-32 on Schedule “A” hereto, for a building the minimum
interior right (east) side yard shall be 8.2 metres and the minimum rear
yard shall be 1.5 metres, and further for a gas pump canopy the minimum
interior right (east) side yard to a building shall be 3.2 metres and the
minimum front yard shall be 1.3 metres. All other requirements of the ByLaw shall apply. (Maps 32 & 32A)
(gg)
C2-33 (OUTDOOR PATIO)
area zoned C2-33 on Schedule “A” hereto, an outdoor patio associated
with a restaurant may be located in the left (south) side yard adjacent to
Powerline Road, and the required parking for the restaurant as existing on
January 31, 2008 and the patio described above, shall be 76. Further the
existing single detached dwelling is a permitted use and said dwelling
shall be subject to the provisions of the Estate Residential (ER) zone.
(Map 33)
(hh)
C2-34 (CONTRACTOR’S YARD AND ASSOCIATED STORAGE)
to the uses permitted in the Highway Commercial (C2) Zone, a
contractor’s yard and shop and the associated storage of equipment and
materials associated with a contractor’s business shall also be permitted.
(ii)
C2-35 (RESTRICTED USES)
area zoned C2-35 on Schedule “A” hereto, the following shall apply:
Restricted permitted uses:
(a)
assembly hall;
(b)
(c)
automotive use;
(d)
business office;
(e)
clinic;
By-Law 110-01, March, 2015
25-12
SECTION 25
(jj)
(f)
convenience store to a maximum of 300 square metres;
(g)
(h)
dry cleaning establishment;
(i)
duplicating shop;
(j)
dwelling unit accessory to a permitted use excluding an automotive
use;
(l)
florist shop;
(m) funeral home;
(n)
hotel or motel;
(o)
liquor, beer and wine store to a maximum of 372 square metres;
(p) medical/dental office;
(q)
(r)
office, professional;
(s)
office, service;
(t)
personal service establishment;
(u)
place of worship;
(v)
printing establishment;
(w)
public use;
(x)
(y)
repair and rental establishment;
(z)
restaurant;
(aa) restaurant, drive-through or fast-food;
(bb) retail store [in accordance with Section 25(3)(l)];
(cc) veterinary clinic;
(dd) video rental establishment;
(ee) any existing dwelling unit.
C2-36 (SELECTED USES PERMITTED)
zoned C2-## on Schedule “A” the uses of the land shall be limited to the
following:
• automobile service station;
• automotive use;
• bulk sales establishment;
• convenience store;
• dwelling unit accessory to a permitted use excluding an automotive
use;
• food store;
• home and auto supply store;
• home appliance store;
• home furnishing store;
• home improvement store;
By-Law 110-01, March, 2015
25-13
SECTION 25
• hotel or motel;
• liquor, beer and wine store;
• nursery and garden store;
• office supply outlet;
• personal service establishment;
• place of worship;
• public use;
• recreational establishment;
• repair and rental establishment;
• restaurant;
• restaurant, drive-through or fast-food;
• retail store;
• veterinary clinic
• any existing dwelling unit.
Further no building, structure, parking area, access, outside storage or
signage shall be located within 14.0 metres of Highway No. 24. All other
requirements of the by-law shall apply. (Map 3)
(5)
(kk)
C2-37 (PHARMACY)
Notwithstanding ANY PROVISION OF THIS By-law to the contrary, within
any area zoned C2-37 on Schedule “A” hereto, in addition to the uses
permitted in the C2 zone a pharmacy shall be a permitted use, and the
minimum rear yard shall be 3.0 metres. All other requirements of the Bylaw shall apply. (Key Maps 32 & 32A)
(ll)
Space.
TEMPORARY USES
By-Law 110-01, March, 2015
26-1
SECTION 26
(1)
NEIGHBOURHOOD COMMERCIAL (C3) ZONE
SCOPE
The provisions of this Section shall apply in all Neighbourhood Commercial (C3)
Section.
(2)
USES PERMITTED
No person shall within any C3 Zone, use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following (C3)
Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(3)
business office;
convenience store;
day care;
dry cleaner's distribution station;
dwelling unit;
personal service shop;
professional office;
public use;
retail store;
video rental establishment.
ZONE REQUIREMENTS
No person shall within any C3 Zone, use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
Fully
Communal
Serviced Sanitary
Water
Only
No
Services
(a)
LOT AREA (MINIMUM)
No
Minimu
m
1000 m²
1350
m²
3000 m²
(b)
LOT FRONTAGE
(MINIMUM)
15.0 m
15.0 m
15.0 m
20.0 m
(c)
FRONT YARD DEPTH
(MINIMUM)
7.0 m
7.0 m
7.0 m
7.0 m
By-Law 110-01, March, 2015
26-2
SECTION 26
(d)
Fully
Communal Water
No
Serviced Sanitary
Only
Services
INTERIOR SIDE YARD
7.0 m
7.0 m
7.0 m
7.0 m
WIDTH (MINIMUM)
Provided that where the
interior side lot line abuts a
Residential
Zone,
the
minimum interior side yard
(e)
EXTERIOR SIDE YARD
WIDTH (MINIMUM)
10.0 m
10.0 m
10.0 m
10.0 m
(f)
REAR YARD DEPTH
(MINIMUM)
7.m
7.0 m
7.0 m
7.0 m
Provided that where the rear
lot line abuts a Residential
zone, the minimum rear yard
depth shall be 10.0 m.
(4)
(g)
30%
(h)
20%
(i)
COMMERCIAL GROSS FLOOR AREA
Per Permitted Use (Maximum)
140 m²
(j)
HEIGHT (MAXIMUM)
10.0 m
(k)
SPECIAL PROVISIONS
(a)
C3-1 (DENTAL OFFICE)
contrary, within any area zoned C3-1 on Schedule "A" hereto, only a
dental office shall be permitted. Furthermore, the lot requirements for said
use shall include a minimum lot area of 380 square metres as well as a
minimum side yard of 0.6 metres. All other requirements of the By-Law
shall apply.
By-Law 110-01, March, 2015
26-3
SECTION 26
(b)
C3-2 (RESTAURANT, SERVICE AND RETAIL SHOP)
to the uses permitted in the Neighbourhood Commercial (C3) Zone, a
restaurant, a printing establishment and a retail shop or business shall
also be permitted. Furthermore, in the case of non-residential uses, no
minimum front yard shall be required and the maximum permitted lot
coverage is 35% of the lot area. All other requirements of the By-Law
shall apply.
(c)
area zoned C3-3 on Schedule “A”, hereto, parking may be provided at a
rate of one (1) parking space for every 25 square metres of building, the
minimum required front yard shall be 5.6 metres and one (1) apartment
dwelling unit that is accessory to a permitted use of the land shall be
permitted. (Maps 18 & 18A)
(d)
C3-4 (BEER STORE)
contrary, within any area zoned C3-4 on Schedule "A" hereto, only the
beer store shall be permitted. All other requirements of the By-Law shall
apply.
(e)
C3-5 (ADDITIONAL PERMITTED USES)
contrary, within any area zoned C3-5 on Schedule “A” hereto, a clinic, a
place of entertainment, a service shop and a maximum of three (3)
accessory apartments located on the second floor, as well as uses,
buildings, and structures accessory to the foregoing permitted uses shall
(f)
C3-6 (ADDITIONAL USES & GROSS FLOOR AREA)
area zoned C3-6 on Schedule “A” hereto, the following additional uses
shall be permitted:
-a brewing on premises establishment;
-the studio of home decorating consultant/ interior designer with a
secondary retail component;
-a restaurant with a maximum gross floor area of 278.7m² (3,000ft²);
-a wine making facility;
By-Law 110-01, March, 2015
26-4
SECTION 26
(g)
All other requirements of the By-law shall apply. (Maps 19 &19B)
C3-7 (SPECIFIC REGULATIONS)
area zoned C3-7 on Schedule “A” hereto, no person shall use any lot or
erect or use any building or structure for any purpose except for one or
more of the following uses, namely:
a) Amusement game establishment;
b) Bake shop;
c) Catalogue store;
d) Clinic;
e) Commercial recreational establishment;
f) Commercial school;
g) Continuum care facility;
h) Convenience store (maximum 300m²);
i) Data processing establishment;
j) Day care;
k) Dry cleaners distribution station;
l) Dwelling units restricted to above the first floor;
m) Florist shop;
n) Food store;
o) Hardware store;
p) Home and auto supply store;
q) Home appliance store;
r) Home decorating store;
s) Home furnishing store;
t) Home improvement store;
u) Instituinal use;
v) Laboratory;
w) Laundromat;
x) Library, public;
y) Medical/dental office;
z) Merchandise service shop;
aa) Office;
bb) Personal service shop;
cc) Place of entertainment;
dd) Printing shop;
ee) Public use;
ff) Recreational establishment;
gg) Repair and rental establishment;
hh) Restaurant;
ii) Restaurant, fast food, but does not include a drive through
restaurant;
By-Law 110-01, March, 2015
26-5
SECTION 26
jj) Retail store;
kk) Studio;
ll) Tavern;
mm) Veterinary clinic; and
nn) Video rental establishment
That all provisions of the C3 zone in Section 26(3) and all other provisions
of the By-law 110-01 as amended that are consistent shall apply (Key
Maps 31 and 32).
(h)
area zoned C3-8 on Schedule “A” hereto, the permitted uses of land shall
be extended to also include dwelling units only above permitted ground
floor commercial. All uses are subject to the following zone requirements:
Maximum Gross Floor Area:
Minimum interior side yard:
Minimum exterior side yard:
Maximum Lot Coverage:
500 square metres for the total of all
commercial uses.
3.0 metres per storey to a maximum of
12 metres.
6.0 metres
40%
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
27-1
SECTION 27
(1)
RECREATIONAL COMMERCIAL (C4) ZONE
SCOPE
The provisions of this Section should apply in all Recreational Commercial (C4)
Section.
(2)
USES PERMITTED
No person shall within any Recreational Commercial (C4) Zone use any lot or
more of the following (C4) Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(3)
assembly hall;
golf course;
outdoor commercial recreation facility;
park;
place of entertainment;
recreational golf course;
restaurant;
uses accessory to the foregoing.
ZONE REQUIREMENTS
No person shall within any Recreational Commercial (C4) Zone, use any lot or
Fully
Communal
Serviced Sanitary
Water
Only
No
Service
s
No
Minimu
m
1000 m²
1350
m²
3000 m²
(b)
LOT FRONTAGE
(MINIMUM)
15.0 m
15.0 m
15.0
m
20.0 m
(c)
7.0 m
7.0 m
7.0 m
(a)
LOT AREA (MINIMUM)
FRONT YARD
DEPTH (MINIMUM)
By-Law 110-01, March, 2015
7.0 m
27-2
RECREATIONAL COMMERCIAL (C4) ZONE
SECTION 27
(d)
INTERIOR SIDE YARD
WIDTH (MINIMUM)
Fully
Communal
Serviced Sanitary
Water
Only
No
Service
s
7.0 m
7.0 m
7.0 m
7.0 m
10.0 m
10.0 m
10.0
m
10.0 m
7.0 m
7.0 m
7.0 m
7.0 m
Residential
Zone,
the
(e)
(f)
EXTERIOR SIDE YARD
WIDTH (MINIMUM)
REAR YARD DEPTH
(MINIMUM)
Provided that where the rear
lot line abuts a Residential
zone, the minimum rear yard
depth shall be 15.0 m
(g)
30%
(h)
20%
(i)
140 m²
(j)
HEIGHT (MAXIMUM)
10.0 m
(k)
(4)
SPECIAL PROVISIONS
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
28-1
SECTION 28
(1)
RURAL COMMERCIAL (C5) ZONE
SCOPE
The provisions of this Section shall apply in all Rural Commercial (C5) Zones
Section.
(2)
USES PERMITTED
No person shall within any Rural Commercial (C5) Zone, use any lot or erect,
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
agricultural equipment sales and service establishment;
bulk sales establishment primarily related to farm including fuels, feed,
and implements;
contractor’s yard or shop;
convenience store;
detached dwelling accessory;
farm machinery sales outlet and repair establishment;
feed and/or flour mill;
fertilizer blending station;
food processing plant;
furniture, automotive supplies, hardware, or domestic arts and crafts;
greenhouse;
grain elevators and drying facility;
merchandise service shop;
nursery and garden centre;
open storage;
parking lot;
personal service shop;
place of worship;
public use;
retail related to fresh farm produce, landscaping and/or gardening
supplies, antiques, gift shop, tourist shop;
sawmill;
service shop;
tradesman’s shop;
transport/truck terminal;
vehicle repair shop;
vehicle sales and rental establishment;
veterinary clinic;
video rental establishment;
warehouse;
By-Law 110-01, March, 2015
28-2
SECTION 28
(dd) retail or wholesale or business accessory to permitted use.
(3)
ZONE REQUIREMENTS
(a)
LOT AREA (MINIMUM)
Fully
Commun
Serviced al
Sanitary
Water
Only
No
Services
No
Minimu
m
1000 m²
1350 m²
3000 m²
(b)
LOT FRONTAGE
(MINIMUM)
15.0 m
15.0 m
15.0 m
20.0 m
(c)
FRONT YARD DEPTH
(MINIMUM)
7.0 m
7.0 m
7.0 m
7.0 m
(d)
INTERIOR SIDE YARD
WIDTH (MINIMUM)
7.0 m
7.0 m
7.0 m
7.0 m
Residential
Zone,
the
(e)
EXTERIOR SIDE YARD
WIDTH (MINIMUM)
10.0 m
10.0 m
10.0 m
10.0 m
(f)
REAR YARD DEPTH
(MINIMUM)
7.0 m
7.0 m
7.0 m
7.0 m
rear lot line abuts a
Residential
zone,
the
minimum rear yard depth
shall be 15.0 m.
(g)
30%
(h)
20%
(i)
140 m²
By-Law 110-01, March, 2015
28-3
SECTION 28
(j)
HEIGHT (MAXIMUM)
(k)
(l)
SHIPPING CONTAINERS
10.0 m
(i) Shipping containers shall be permitted within the C5 Zone for
storage purposes
(ii) No person shall use or permit the use of any shipping container for
the purposes of a dwelling unit on any lot in the C5 Zone.
(iii) The number of shipping containers to be located on a lot in the C5
(iv) Shall not be located in a yard abutting a Residential Zone.
(v) Any shipping container located on a lot within the C5 Zone shall be
in accordance with the requirements of the C5 Zone.
(4)
SPECIAL PROVISIONS
(a)
C5-1 (SAWMILL AND AGRICULTURAL EQUIPMENT REPAIR
ESTABLISHMENT)
permitted uses shall be limited to a sawmill and an agricultural equipment
repair establishment. All other requirements of the By-Law shall apply.
(b)
C5-2 (CONTRACTOR’S YARD AND TRANSPORT/TRUCK TERMINAL)
permitted uses shall be limited to a contractor’s yard or shop for an
excavation and bulldozing business and a transport/truck terminal or yard.
(c)
C5-3 (VEHICLE REPAIR SHOP)
permitted uses shall be limited to a vehicle repair shop. All other
(d)
C5-4 (VEHICLE REPAIR SHOP, SAW MILL, BODY SHOP, CARPENTRY
SHOP AND MACHINE/WELDING SHOP)
By-Law 110-01, March, 2015
28-4
SECTION 28
permitted uses shall be limited to: a vehicle repair shop; a saw mill
operation; a body shop; a machine and welding shop; and a carpentry
shop. All other requirements of the By-Law shall apply.
(e)
C5-5 (REPAIR SHOP, SALES OUTLET AND RESIDENTIAL)
permitted uses shall be limited to an agricultural machinery sales outlet
and repair establishment; a welding and machine repair shop; a dog
kennel for up to 40 dogs and employing not more than five (5) hired staff;
and a single detached dwelling accessory to a permitted use. All other
requirements of the By-Law shall apply (Map 35)
(f)
C5-6 (FEED MILL, GRAIN ELEVATOR/DRYER, STORAGE AND
ACCESSORY USES)
permitted uses shall be limited to: a feed mill; a grain elevator and drying
facilities; an open storage use accessory to the feed mill or grain elevator;
a retail outlet, wholesale outlet or business office accessory to the
permitted uses; and accessory uses, buildings and structures accessory to
the foregoing uses. All other requirements of the By-Law shall apply.
(g)
C5-7 (AGRICULTURAL SERVICE AND SUPPLY ESTABLISHMENT,
REPAIR SHOP, RETAIL SALES, RESIDENTIAL PROHIBITED)
permitted uses shall be limited to: an agricultural service and supply
establishment; a farm implement dealer; an automobile service station; a
farm produce retail outlet; a parking lot; and a machinery repair and
welding shop. Furthermore, the minimum northerly interior side yard shall
be 0.5 metres and a residential use shall not be permitted. All other
(h)
C5-8 (RETAIL SALES AND SERVICING)
permitted uses shall be limited to the sales and service of motorcycles and
recreational vehicles and the sale and service of automotive vehicles. In
the case of the sale and service of automotive vehicles, for the purposes
of display and storage, a minimum interior side yard of 30 metres shall be
required. All other requirements of the By-Law shall apply.
By-Law 110-01, March, 2015
28-5
SECTION 28
(i)
C5-9 (BUILDING SUPPLY OUTLET)
contrary, within any area zoned C5-9 on Schedule "A" hereto, the only
permitted use shall be a building supply outlet. All other requirements of
(j)
C5-10 (SERVICE SHOP)
permitted uses shall be limited to a service shop, a single dwelling unit,
and accessory uses, buildings and structures. All other requirements of
the By-Law shall apply. (Maps 31, 33, 35, 45, 46, 50, 60 & 97)
(k)
C5-11 (AUTOMOTIVE, AND AGRICULTURAL EQUIPMENT USE AND
RESIDENTIAL)
permitted uses shall be limited to: an automotive, and agricultural
equipment use; a single dwelling unit; and accessory uses, buildings and
(l)
C5-12 (CONVENIENCE STORE, PRODUCE SALES AND
RESIDENTIAL)
permitted uses shall be limited to: a convenience store; the sale of fresh
fruit and vegetables; a single dwelling unit; and accessory uses, buildings
and structures. All other requirements of the By-Law shall apply.
(m)
permitted uses shall be limited to: a contractor’s yard and/or a construction
business to the extent that it existed at the date of passing of this By-Law,
and accessory uses, buildings and structures. (Map 45)
(n)
limited to;
• a meat market,
• a single detached dwelling
By-Law 110-01, March, 2015
28-6
SECTION 28
• an agricultural equipment sales and service
• a bulk sales establishment primarily related to farm including fuels, feed
and implements
• a contractor’s yard or shop
• a farm machinery sales outlet
• a greenhouse
• a nursery and garden centre
• a retail related to fresh farm produce, landscaping and/or gardening
supplies, antiques, gift shop, tourist shop
• a tradesmen shop
• uses accessory to the foregoing.
Further, the minimum left interior side yard shall be 4.2 metres. All other
(o)
C5-15 (HARNESS SHOP)
permitted uses shall be limited to: a harness shop including the sale and
repair of saddles, harnesses and related goods; a single detached
dwelling; an agricultural use; and accessory uses, buildings and
(p)
C5-16 (CONTRACTOR’S SHOP, PARKING LOT, AGGREGATE
STORAGE AREA)
permitted uses shall be limited to: a contractor’s shop and yard for an
excavation business; a parking lot accessory to an excavation business; a
single dwelling; and an aggregate storage area accessory to an
excavation business provided that said aggregate storage area has a
minimum interior side yard of 9 metres, the minimum setback from the
centreline of Highway No. 2 shall be 83.8 metres, the maximum lot
coverage shall be limited to 3048 square metres, a solid painted metal or
painted wood construction privacy fence having a minimum height of 1.8
metres shall be erected and maintained along the westerly perimeter of
the lands designated C5-16. The fence shall have a minimum linear length
of 61 metres commencing at a point distant 76.2 metres from the northerly
limit of Highway No. 2. Furthermore, the maximum height of the gravel pile
stored in the aggregate storage area shall be 2.5 metres. All other
(q)
C5-17 (PRODUCE SALES)
By-Law 110-01, March, 2015
28-7
SECTION 28
permitted uses shall be limited to a greenhouse, a garden centre and a
retail outlet for farm produce. All other requirements of the By-Law shall
apply. (Map 32)
(r)
C5-18 (TELEVISION AND RADIO SALES)
permitted uses shall be limited to: a television and radio sales and service
business to the extent that it existed on December 10, 1984; a single
detached dwelling and accessory uses, buildings and structures. All other
(s)
C5-19 (ABATTOIR)
permitted uses shall be limited to: an abattoir and meat market to the
extent that it existed on December 10, 1984; a single dwelling unit; and
accessory uses, buildings and structures. All other requirements of the ByLaw shall apply.
(t)
Notwithstanding any provision of this By-law to the contrary,
within any area zoned C5-30 on Schedule “A” hereto, the
permitted uses shall be limited to one or more of the following:
• craft and gift shop;
• retail store;
• warehouse, public self-storage;
• garden centre; and
• one single-detached dwelling.
Development shall comply with the following development
standards:
• interiror side yard 3.0 metres
• lot coverage (maximum)
o commercial 4,090 square metres
o residential 300 square metres
• landscaped open space (minimum)
20
percent
• required loading spaces
1
• required parking spaces
91 (including 4 for
persons with a disability)
By-Law 110-01, March, 2015
28-8
SECTION 28
(u)
C5-21 EXCEPTION NUMBER NOT ASSISGNED.
(v)
C5-22 (TRANSPORT/TRUCK TERMINAL, MANUFACTURING, BULK
SALES, CONTRACTOR’S ESTABLISHMENT)
permitted uses shall be limited to: a transport/truck terminal; the
manufacturing of cleaning products to the extent that existed on
December 10, 1984; a bulk sales establishment; boat building; a
contractor’s establishment; a single detached dwelling unit; and accessory
uses, buildings and structures. Furthermore, the maximum lot coverage
shall be limited to a total building area of 1,850 square metres. All other
(w)
C5-23 (OFFICE, RETAIL STORE AND WAREHOUSE)
to the uses permitted in the Rural Commercial (C5) Zone, the following
shall also be permitted:
1. sale of home furnishings and home decorations;
2. a business office having a maximum gross floor area of 465 square
metres;
3. a retail store having a maximum gross floor area of 2230 square
metres;
4. a public storage warehouse having a maximum gross floor area of
3345 square metres where portions of a building are leased by the
public for the purposes of storing goods and materials; and
5. accessory uses, buildings and structures.
(x)
C5-24 (TRANSPORT/TRUCK TERMINAL, VEHICLE SALES AND
REPAIR, NURSERY AND SERVICE SHOP)
permitted uses shall be limited to: a grading station for farm produce; a
grain elevator or other storage facility for farm produce; a nursery and
garden store; a retail store engaged in the sale of farm produce or
landscaping and garden supplies; a service shop; a transport terminal; a
vehicle sales or rental establishment engaged primarily in the sales and
service of farm implements and related equipment and; vehicle repair
accessory to a permitted use. All other requirements of the By-Law shall
apply.
(y)
C5-25 (ADDITIONAL USE)
By-Law 110-01, March, 2015
28-9
SECTION 28
area zoned C5-25 on Schedule "A" hereto, a non-effluent producing
industrial use shall also be permitted. All other requirements of the ByLaw shall apply. (Map 66)
(z)
C5-26 (TWO DWELLING UNITS)
to the uses permitted in the Rural Commercial (C5) Zone, two dwelling
units may be permitted on the existing lot. All other requirements of the
(aa)
C5-27 (RURAL COMMERCIAL USES)
zoned C5-27 on Schedule "A" hereto, the permitted uses shall be limited
to: a feed mill; a grain elevator and drying facilities; an open storage use
accessory to the feed mill or grain elevator; a retail outlet, wholesale outlet
or business office accessory to the permitted uses; a truck repair
business, excluding a body shop, located within buildings existing as of
March 1, 2008 and accessory uses, buildings and structures accessory to
the foregoing uses. All other requirements of the By-Law shall apply.
(Map 14)
(bb)
Notwithstanding the provisions of Section 28(2) of this By-law
to the contrary, within any area zoned C5-28 on Schedule “A”
hereto, the uses permitted shall be limited to;
• a single detached dwelling;
• domestic arts and crafts;
• merchandise service shop;
• personal service shop;
• service trade;
• tradesman’s shop; and
• retail or wholesale or business accessory to
permitted use.
(cc)
Notwithstanding the provisions of Section 28(2) of this By-law
to the contrary, within any area zoned C5-29 on Schedule “A”
hereto, the uses permitted shall be limited to;
• agricultural equipment sales and service establishment;
• bulk sales establishment primarily related to farm including
fuels, feed, and implements;
By-Law 110-01, March, 2015
28-10
SECTION 28
•
•
•
•
•
convenience store;
detached dwelling;
farm machinery sales outlet and repair establishment;
furniture, automotive supplies, hardware, or domestic arts and
crafts;
• greenhouse;
• merchandise service shop;
• nursery and garden centre;
• open storage;
• parking lot;
• personal service shop;
• place of worship;
• public use;
• retail related to fresh farm produce, landscaping and/or
gardening supplies, antiques, gift shop, tourist shop;
• sawmill;
• service shop;
• tradesman’s shop;
• vehicle repair shop;
• vehicle sales and rental establishment;
• veterinary clinic;
• video rental establishment;
• warehouse;
• retail or wholesale or business accessory to permitted use.
(dd)
(5)
C5-30 (EXISTING EXCAVATION BUSINESS RECOGNIZED)
Notwithstanding anything in this By-law to the contrary within
any area zoned C5-31 on Schedule “A” hereto, the permitted
uses shall be limited to a service shop, a contractors yard, a
single detached dwelling and accessory uses, buildings and
structures. An existing excavation business shall also be
permitted. All other requirements of the By-law shall apply.
(Key Map 33)
TEMPORARY USES
(a)
By-Law 110-01, March, 2015
29-1
SECTION 29
(1)
AUTOMOTIVE COMMERCIAL (C6) ZONE
SCOPE
The provisions of this Section shall apply in all Automotive Commercial (C6)
Section.
(2)
USES PERMITTED
No person shall within any Automotive Commercial (C6) Zone, use any lot or
more of the following (C6) Zone uses, namely:
(a)
(b)
(3)
automotive use;
retail sales accessory to a permitted use.
ZONE REQUIREMENTS
No person shall within any Automotive Commercial (C6) Zone, use any lot or
Fully
Serviced Communa Water No
l Sanitary Only
Services
(a)
LOT AREA (MINIMUM)
900 m²
1200 m²
2000
m²
3000 m²
(b)
30.0m
30.0 m
30.0 m
30.0 m
(c)
FRONT YARD DEPTH
(MINIMUM)
15.0 m
15.0 m
15.0 m
15.0 m
(d)
INTERIOR SIDE YARD WIDTH
(MINIMUM)
7.0 m
7.0 m
15.0 m
15.0 m
15.0 m
15.0 m
15.0 m
15.0 m
Provided that where the interior
side lot line abuts a Residential
Zone, the minimum interior side
yard width shall be 16.0 m
(e)
EXTERIOR SIDE YARD WIDTH
(MINIMUM)
By-Law 110-01, March, 2015
29-2
SECTION 29
(f)
7.5 m
Provided that where the rear lot line abuts a Residential Zone, the rear
yard depth shall be 16.0 m
(g)
35%
(h)
30%
(i)
HEIGHT (MAXIMUM)
7.0 m
(j)
(k)
SHIPPING CONTAINERS
(i) Shipping containers shall be permitted within the C6 Zone for
storage purposes
(ii) The number of shipping containers to be located on a lot in the C6
(iii) Shall not be located in a yard abutting a Residential Zone.
(iv) Any shipping container located on a lot within the C6 Zone shall be
in accordance with the requirements of the C6 Zone.
(4)
SPECIAL PROVISIONS
(a)
C6-1 (REPAIR GARAGE AND SINGLE DETACHED DWELLING)
permitted uses shall be limited to a vehicle repair garage and a single
detached dwelling. All other requirements of the By-Law shall apply.
(b)
C6-2 (VEHICLE SALES, SERVICE AND RENTAL ESTABLISHMENTS)
contrary, within a any area zoned C6-2 on Schedule “A” hereto, the uses
permitted are limited to vehicle sales, service and rental establishments
with automobile sales limited to 6 vehicles. All other requirements of the
By-Law shall apply.
(c)
C6-3 (BODY SHOP)
Notwithstanding the provisions Section 29(2) of this By-Law to the
By-Law 110-01, March, 2015
29-3
SECTION 29
to the uses permitted in C6 zone, a body shop shall also be permitted. All
(d)
C6-4 (RETAIL SALE OF GAS)
contrary, within any area zoned C6-4 on Schedule “A” hereto, the retail
sale of gasoline shall be permitted. All other requirements of the By-Law
shall apply.
(e)
C6-5 (AUTOMOBILE SALES & SERVICE, AUTOMOBILE SERVICE
STATION, CONVENIENCE STORE)
permitted uses shall be limited to: automobile sales and service;
automobile service station; convenience store and deli; and accessory
uses, buildings and structures. All other requirements of the By-Law shall
apply.
(f)
C6-6 (AUTOMOBILE SALES & SERVICE ESTABLISHMENT)
permitted uses shall be limited to an automobile sales and service
establishment. All other requirements of the By-Law shall apply.
(g)
C6-7 (AUTOMOBILE SERVICE STATION, CONVENIENCE STORE)
permitted uses shall be limited to: an automobile service station and
convenience store to the extent existing on December 10, 1984; a single
dwelling unit; and accessory uses, buildings and structures. All other
(h)
C6-8 (AUTOMOBILE STORAGE)
permitted uses shall be limited to an automobile storage area totally within
a fenced compound. All other requirements of the By-Law shall apply.
(i)
C6-9 (GAS BAR, CAR WASH)
permitted uses shall be limited to a gas bar and a car wash. Furthermore,
in the case of non-residential uses in the C6-9 zone, no rear yard shall be
required. All other requirements of the By-Law shall apply.
By-Law 110-01, March, 2015
29-4
SECTION 29
(5)
(j)
C6-10 (GAS BAR)
contrary, within any area zoned C6-10 on Schedule “A” hereto, the uses
permitted are limited to a gas bar. All other requirements of the By-Law
shall apply.
(k)
C6-11 (AUTOMOBILE SERVICE STATION)
permitted are limited to a gas bar or an automobile service station. All
(l)
C6-12 (AUTOMOBILE SERVICE STATION, VEHICLE REPAIR SHOP)
permitted are limited to an automobile service station and a vehicle repair
(m)
C6-13 (RETAIL USES)
Notwithstanding any provisions of this the provisions this By-Law to the
permitted uses shall be limited to: automobile sales and service; an
automobile service station; a convenience store and a retail store, not to
exceed 93 square metres in area, for the sales of golf equipment and
accessories. All other requirements of the By-Law shall apply. (Map 35)
(n)
C6-14 (RESTAURANT AND AUTOMOTIVE USES)
limited to: automobile sales and service, an automobile service station, a
convenience store and a deli. The minimum interior left (south) side yard
for the existing propane facility may be 3.0 metres. All other requirements
TEMPORARY USES
By-Law 110-01, March, 2015
30-1
SECTION 30
(1)
OPEN SPACE (OS) ZONE
SCOPE
The provisions of this Section apply to all Open Space (OS) Zones except as
(2)
USES PERMITTED
No person shall within any Open Space (OS) Zone use any lot or erect, alter or
use any buildings or structures for any purpose except for one or more of the
following (OS) Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(3)
existing agricultural use;
cemeteries, mausoleum, crematoria, columbaria;
conservation use;
forestry use;
golf course;
public park;
public use;
recreation use;
accessory use.
ZONE REQUIREMENTS
No person shall within any Open Space (OS) Zone, use any lot or erect, alter or
use any building or structure except in accordance with the following provisions.
(a)
LOT AREA
No Minimum
(b)
LOT FRONTAGE
No Minimum
(c)
9.0 m
(d)
7.5 m
(e)
3.0 m
(f)
(g)
30%
(h)
35%
7.5 m
By-Law 110-01, March, 2015
30-2
SECTION 30
(i)
(4)
SPECIAL PROVISIONS
(a)
OS-1 (CAMPGROUND)
contrary, within any area zoned OS-1 on Schedule “A” hereto, in addition
to the uses permitted in the Open Space (OS) Zone, a trailer park or
campground shall also be permitted provided that said use not be
occupied continuously nor used for year-round human habitation and that
the number of trailer camp sites not exceed 318. All other requirements of
(b)
OS-2 (PLAYING FIELDS)
contrary, within any area zoned OS-2 on Schedule “A” hereto, no buildings
or structures shall be erected and the lands may only be used for active
recreation purposes such as baseball or soccer playing fields. All baseball
nets shall be erected within 20 metres of the north end of the lands. In
addition, the lands shall not be used for entertainment purposes such as a
band shell or a place where bands may play or perform. All other
(c)
OS-3 (GOLF COURSE)
contrary, within any area zoned OS-3 on Schedule "A" hereto, that in lieu
of the uses permitted in the OS zone, the following uses and accessory
buildings or structures shall be permitted:
(i)
golf course including:
1. pro shop
2. restaurant
3. clubhouse
4. banquet facility
5. other accessory uses
(ii)
corporate centre with five executive suites for guest
accommodation in the existing dwelling including facilities for
recreational, social, education and/or meeting purposes;
(iii)
private roads, driveways, sidewalks, pathways and emergency
access routes serving the lands zoned OS-3 and the lands zones
R1A-3; and private amenity areas for the dwelling units in the R1A3 Zone.
(d)
OS-4 (RESIDENTIAL, SAW MILL)
By-Law 110-01, March, 2015
30-3
SECTION 30
contrary, within any area zoned OS-4 on Schedule "A" hereto, in addition
to the uses permitted in the Open Space (OS) Zone, a single detached
dwelling used in conjunction with a saw mill operation shall also be
(e)
OS-5 (RUGBY CLUB)
contrary, within any area zoned OS-5 on Schedule "A" hereto, the
following uses and accessory buildings or structures shall be permitted:
(i)
an existing agricultural use;
(ii)
an existing club house restricted to an expansion of 100%;
(iii)
a public or private park, outdoor track facilities, tennis courts,
games played on an outdoor playing field, however, such uses shall
not include a bandstand, or an indoor skating arena, or an
auditorium, or a place of assembly except for the existing club
house; and
(iv)
fish and wildlife management.
(f)
OS-6 (PUBLIC PARK)
permitted uses shall be limited to a park for passive and active
recreational uses, to be maintained and operated in a manner similar to
the Municipality's management and operation of its municipal parks. This
park is to be for the use and enjoyment of the general public. All other
(g)
OS-7 (GOLF COURSE)
permitted uses shall be limited to a driveway to provide access to a nine
hole golf course. All other requirements of the By-Law shall apply.
(h)
OS-8 (FORMER WASTE DISPOSAL SITE)
contrary, within any area zoned OS-8 on Schedule "A" hereto, the lands
are recognized as a former waste disposal site and may only be used in
accordance with the provisions of the OS Zone and must comply with the
requirements of the Ministry of the Environment/Province of Ontario. All
(i)
OS-9 (SITE RESTRICTIONS)
By-Law 110-01, March, 2015
30-4
SECTION 30
(j)
(5)
contrary, within any area zoned OS-9 on Schedule "A" hereto, no person
shall:
1. erect, or cause or permit to be erected any building or structure;
2. remove or add, or cause or permit to be removed or added any soil,
gravel, stone or in any other way change the grades of the land as
existed on May 19th, 2000 and shown on Plan No. 4895-1 dated
September 20th, 1999 and updated to May 19th, 2000 prepared by
J.H. Cohoon Engineering Limited;
3. remove, or cause or permit to be removed any vegetation.
OS-10 (LIMITED USES)
area zoned OS-10 on Schedule “A” hereto, permitted uses shall be limited
to conservation uses and passive recreational uses. All other
requirements of the By-Law shall apply. (Maps 5, 6, 13 & 14)
TEMPORARY USES
By-Law 110-01, March, 2015
31-1
SECTION 31
(1)
RECREATION (RE) ZONE
SCOPE
The provision of this Section shall apply in all Recreation (RE) Zones except as
(2)
USES PERMITTED
No person shall within the Recreation (RE) Zone use any lot or erect, alter or use
any building or structure for any purposes except for one or more of the following
(RE) Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(3)
all uses permitted in the OS Zone in accordance with the OS Zone
regulations;
assembly hall;
campground in accordance with subsection 31(3)(h);
conservation use;
fairgrounds;
golf course;
place of worship;
public and private parks, including playgrounds, picnic facilities, sports
fields, a bowling green and tennis courts;
public parking area;
recreation or community centre;
accessory use.
ZONE REQUIREMENTS
No person shall within any Recreation (RE) Zone, use any lot or erect, alter or
use any building or structure except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
2,000 m²
(b)
30.0 m
(c)
40%
(d)
15.0 m
(e)
15.0 m
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31-2
SECTION 31
(f)
INTERIOR SIDE YARD DEPTH (MINIMUM)
(g)
EXTERIOR SIDE YARD DEPTH (MINIMUM)
(h)
CAMPGROUNDS
15.0 m
15.0 m
Notwithstanding any previous provisions of this By-Law, where a lot is
used as a campground, the following regulations apply:
(i)
Lot Area (Minimum)
1 ha
(ii)
Lot Frontage (Minimum)
60.0 m
(iii)
Lot Area Per Individual Site
150 m²
(i)
(4)
SPECIAL PROVISIONS
(a)
RE-1 (PRIVATE PARK)
contrary, within any area zoned RE-1 on Schedule "A" hereto, in addition
to those uses permitted in the Recreation (RE) zone, a private park which
involves the use of cabins for sleeping purposes, provided the actual
number of overnight guests to be accommodated on the site is limited to a
maximum of 150 people, shall also be permitted. The park shall also
include a maximum of three single dwellings, a barn, two staff lodges, a
dining hall and kitchen facility, 8 winterized cabins, swimming pools,
parking areas, nature trails and other similar open space uses and
accessory structures. All other requirements of the By-Law shall apply.
(b)
RE-2 (PRIVATE PARK)
Notwithstanding the provisions of Section 31(2) or 31(3) of this By-Law to
the contrary, within any area zoned RE-2 on Schedule “A” hereto, the
uses and regulations are as follows:
(i)
Permitted uses are limited to two (2) dwelling units, 220 seasonal
dwellings or cottages, 110 tent and/or trailer camping sties, an
administrative office, an auditorium, service buildings, recreational
uses including playing fields, a golf course, swimming and/or
wading pools, tennis courts, volleyball courts, basketball courts,
studios and/or work shops or similar recreational uses for the use of
the occupants of the private park.
(ii)
The 220 seasonal dwellings/cottages shall be limited in size as
follows:
- 50 seasonal dwellings/cottages at 90m2 maximum
By-Law 110-01, March, 2015
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SECTION 31
- 107 seasonal dwellings/cottages at 47m2 maximum.
(iii)
Each seasonal dwelling/cottage and trailer/camping site shall be a
minimum of 148 square metres and each site shall have a minimum
of one off-street parking space.
(iv)
An additional 200 off-street parking spaces shall be permitted.
(c)
RE-3 (BUSINESS)
contrary, within any area zoned RE-3 on Schedule "A" hereto, the
(i)
a business involving the manufacturing, fabrication and testing of
pavement monitoring and testing equipment and an engineering
and consulting business; and
(ii)
a tourist oriented business involving boating excursions down the
Grand River (Adventures on the Grand). Related uses shall include
but shall not be limited to an eating establishment (tea room), a
retail store, picnic area, outside washroom facilities, and bike
rentals.
(d)
RE-4 (PRIVATE PARK)
contrary, within any area zoned RE-4 on Schedule “A” hereto, in addition
to the uses permitted in the RE Zone, a children’s camp with all applicable
accessory type uses shall be permitted. As well, a maximum of three
dwelling units, and an agricultural use shall also be permitted. Additional
uses shall include docks and canoe storage areas, windmill structures and
a weather station. All other requirements of the By-Law shall apply.
(e)
RE-5 (ACCESSORY DWELLING UNIT)
contrary, within any area zoned RE-5 on Schedule ‘A’ hereto, a maximum
of one (1) accessory dwelling unit located within an accessory structure
and used for a security guard or caretaker as required for the operation of
the golf course shall be permitted. All other requirements of the By-Law
By-Law 110-01, March, 2015
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SECTION 31
(f)
RE-6 (MINIATURE GOLF)
area zoned RE-6 on Schedule “A” hereto, the permitted uses shall be
limited to a business involving a miniature golf facility, accessory buildings
for a pro-shop and storage area, a putting and practice area and an
existing single detached. The dwelling shall be subject to the regulations
of the Agricultural (A) zone. All other requirements of the By-Law shall
apply. (Map 26)
(g)
RE-7 (DRIVING RANGE)
area zoned RE-7 on Schedule “A” hereto, the permitted uses shall be
limited to a business involving a golf driving range, golf lessons, accessory
buildings for a pro-shop and storage area and a putting and practice area.
(h)
RE-8 DEVELOPMENT REGULATIONS
area zoned RE-8 on Schedule “A” hereto;
• no driveway may be located in the right (east) side yard of an building,
• a 3.0m landscaped strip shall be provided on the east property line,
• housing of livestock or poultry shall be limited to the Paris Fair event, and
• all yards shall be measured, and lot coverage calculated, on the basis of
the property limits, not internal zone lines on the property.
(i)
s-RE-9 (RECREATIONAL FACILITY)
Notwithstanding the provisions of Section 312) of this By-law
to the contrary, within any area zoned s-RE-9 on Schedule “A”
hereto, the following uses are permitted in the Recreational (sRE-9) Zone:
(a)
conservation use;
(b)
forestry use;
(c)
golf course;
(d)
public use;
(e)
(f)
assembly hall;
(g)
fairgrounds;
(h)
place of worship;
(i)
public and private parks, including playgrounds, picnic facilities,
sports fields, a bowling green and tennis courts;
(j)
public parking area;
(k)
(l)
recreation or community centre;
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31-5
SECTION 31
(m)
(n)
(o)
day care;
museum; and
accessory use.
All other requirements of the By-Law shall apply. (Maps 19, 19B, 32 &
32A)
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
32-1
SECTION 32
(1)
INSTITUTIONAL (I) ZONE
SCOPE
The provisions of this Section shall apply in all Institutional (I) Zones except as
(2)
USES PERMITTED
No person shall within any Institutional (I) Zone, use any lot or erect, alter or use
any building or structure for any purpose except for one or more of the following
(I) Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(3)
cemetery;
community centre;
day care;
hospital;
institutional use;
manse;
museum;
nursing home;
park;
place of worship;
post secondary school.
public or private school excluding dormitory;
public use;
retirement home.
ZONE REQUIREMENTS
No person shall within any Institutional (I) Zone, use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
LOT AREA (MINIMUM)
No Minimum
(b)
15.0 m
(c)
10.0 m
(d)
10.0 m
(e)
10.0 m
By-Law 110-01, March, 2015
32-2
SECTION 32
(f)
(4)
7.0 m
(g)
30%
(h)
30%
(i)
HEIGHT OF BUILDING (MAXIMUM)
10.0 m
(j)
SPECIAL PROVISIONS
(a)
I-1 (SENIOR’S HOUSING, LIMITED RETAIL, MEDICAL CLINIC)
contrary, within any area zoned I-1 on Schedule "A" hereto, in addition to
those uses permitted in the Institutional (I) Zone, a senior citizen
apartment building containing a maximum of 130 dwelling units; a drug
store having a maximum gross floor area of 40 square metres; a
convenience store having a maximum gross floor area of 30 square
metres and; a medical clinic having a maximum gross floor area of 40
square metres shall also be permitted. Furthermore, the building height
shall not exceed 29.9 metres and a minimum of 130 parking spaces shall
be provided. All other requirements of the By-Law shall apply.
(b)
I-2 (CEMETERY, CHURCH, PUBLIC USE)
contrary, within any area zoned I-2 on Schedule "A" hereto, the permitted
uses shall be limited to a cemetery, a church but not including a day care
as an accessory use, a public use and an accessory building or use to any
of the permitted uses. All other requirements of the By-Law shall apply.
(c)
I-3 (FUNERAL HOME)
contrary, within any area zoned I-3 on Schedule "A" hereto, in addition to
the uses permitted in the Institutional (I) Zone, a funeral home with an
apartment, subject to the apartment being occupied by the owner,
caretaker or an employee of the funeral home shall also be permitted. All
(d)
I-4 (PRIVATE SCHOOL)
contrary, within any area zoned I-4 on Schedule “A” hereto, the permitted
uses shall be limited to a private school. All other requirements of the ByLaw shall apply.
By-Law 110-01, March, 2015
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SECTION 32
(e)
I-5 (DANCE STUDIO)
contrary, within any area zoned I-5 on Schedule ‘A’ hereto, a Dance
Studio and School for the Arts, is a permitted use. All other requirements
of the By-Law shall apply. (Maps 32 & 32A)
(f)
I-6 (PLACE OF WORSHIP AND DWELLING)
contrary, within any area zoned I-6 on Schedule ‘A’ hereto, uses shall be
limited to a place of worship and the existing dwelling unit. All other
(g)
I-7 (MUNICIPAL USES)
area zoned I-7 on Schedule “A” hereto, in addition to the uses permitted in
the Institutional (I) zone, a municipal administration building and a library
are also permitted. The minimum right (north) side yard shall be 5.0
metres. All other requirements of the By-Law shall apply. (Maps 57, 57A &
57B)
(h)
I-8 (HEIGHT OF BUILDING)
contrary, within any area zoned I-8 on Schedule “A” hereto, the height of
the building shall not exceed 13.0 meters. All other requirements of the
By-Law shall apply. (Maps 15 & 15 A)
(i)
I-9 (SIDE YARD SETBACK)
area zoned I-9 on Schedule “A” hereto, the minimum side yard setback
shall be 4.0 meters from the northerly lot line. All other requirements of
the By-law shall apply. (Maps 95 & 96)
(j)
I-10 (SPECIFIC REGULATIONS)
area zoned I-10 on Schedule “A” hereto, in addition to the uses permitted
in the Institutional (I) zone, a street rowhouse in accordance with the
special provision Residential Third Density (R3-18) zone or a rowhouse
dwelling in accordance with the following provisions shall also be
permitted:
Rowhouse dwelling in accordance with the following provisions and
all other requirements of the R4 zone:
By-Law 110-01, March, 2015
32-4
SECTION 32
Lot frontage (minimum): 6.0 metres
Interior side yard width (minimum):
1.2 metres
Lot coverage (maximum): 45%
Privacy yards (minimum): 6.0 metres adjoining each rear exterior
wall of every dwelling unit.
The provisions of Section 19(3)(k) shall not apply.
Duplicate exception number of I-8 originally assigned. Changed for
time being. To be addressed during Zoning By-Law Reviw.
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
33-1
SECTION 33
(1)
ENVIRONMENTAL PROTECTION (EP) ZONE
SCOPE
The provisions of this Section shall apply in all Environmental Protection (EP)
Section.
(2)
USES PERMITTED
No person shall within any Environmental Protection (EP) Zone, use any lot or
more of the following (EP) Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(3)
existing agricultural use;
boat dock;
boat ramp;
conservation use;
public or private park;
public use;
wildlife management;
ZONE REQUIREMENTS
No person shall within any Environmental Protection (EP) Zone, use any lot or
(a)
BUILDINGS OR STRUCTURES
Other than buildings and structures existing at the date of passing of this
By-Law, no buildings or structures are permitted unless for flood control
purposes and/or in accordance with the regulations of the Conservation
Authority having jurisdiction, or other appropriate government agency.
Boat ramps and boat docks shall require the approval of the Conservation
Authority having jurisdiction.
(b)
(4)
SPECIAL PROVISIONS
(a)
EP-1 (STEEP SLOPES)
By-Law 110-01, March, 2015
33-2
SECTION 33
contrary, within any area zoned EP-1 on Schedule “A” hereto, if part of a
lot is in a separate zone, development will be permitted in accordance with
the abutting same lot zone, subject to clearance by a qualified soils
stability assessment. If the entire lot is within the EP-1 Zone, then the
provisions of Section 33(2) and 33(3) shall apply. All other requirements
(b)
EP-2 (BOAT HOUSE, DOCK)
to the contrary, within any area zoned EP-2 on Schedule "A" hereto, a
boat house and dock may be constructed, erected or located on the lands
or waters zoned EP-2. Only one boathouse and one dock may be located
or erected on each individual lot. All other requirements of the By-Law
shall apply.
(c)
EP-3 (EXISTING BUILDINGS, PICNIC SHELTER)
to the contrary, within any area zoned EP-3 on Schedule “A” hereto, in
addition to the uses permitted in the Environmental Protection (EP) Zone,
existing buildings and a picnic shelter shall also be permitted. All other
(d)
EP-4 (MUNICIPAL WORKS)
to the contrary, within any area zoned EP-4 on Schedule “A” hereto, a
waste treatment facility is permitted. All other requirements of the By-Law
shall apply.
(e)
EP-5 (SINGLE DETACHED DWELLING)
to the contrary, within any area zoned EP-5 on Schedule "A" hereto, in
addition to the uses permitted in the Environmental Protection (EP) Zone,
a single detached dwelling shall also be permitted. All other requirements
(f)
EP-6 (RESTRICTED DEVELOPMENT)
to the contrary, within any area zoned EP-6 on Schedule “A” hereto,
development in accordance with the provisions of the zone classification
on the remainder of the lot shall be permitted subject to clearance from the
Conservation Authority having jurisdiction. All other requirements of the
By-Law shall apply.
By-Law 110-01, March, 2015
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SECTION 33
(g)
EP-7 (SINGLE DETACHED DWELLING)
contrary, within any area zoned EP-7 on Schedule ‘A’ hereto, a single
detached dwelling and accessory uses shall be permitted subject to:
Front yard depth:
15m
Side yard depth:
4m
Rear yard depth
:
15m
Regulations for accessory uses: Section 3(1)
All other requirements of the By-Law shall apply. (Maps 45 & 46)
(5)
(h)
EP-8 (FLOURMILL CONSTRUCTION)
to the contrary, within any area zoned EP-8 on Schedule ‘A’ hereto, silos
and other structures related to a flourmill shall be permitted subject to the
approval of the Grand River Conservation Authority. All other
(i)
EP-9 (NON-DEVELOPMENT AREA)
area zoned EP-9 on Schedule “A” hereto, no buildings or structures,
system, shall be permitted, except those necessary for drainage, flood or
erosion control. These lands may be considered as part of the residential
lot for the purpose of lot coverage calculation. All other requirements of
(j)
EP-10 (NON-DEVELOPMENT AREA)
area zoned EP-10 on Schedule “A” hereto, no buildings or structures,
system, shall be permitted, except those necessary for drainage, flood or
erosion control. These lands may be considered as part of the residential
lot for the purpose of lot coverage and lot area calculation. All other
TEMPORARY USES
By-Law 110-01, March, 2015
34-1
SECTION 34
(1)
WETLAND (W) ZONE
SCOPE
The provisions of this Section apply to all Wetland (W) Zones except as
otherwise provided in the Special Provision subsection of this Section.
(2)
USES PERMITTED
No person shall within any Wetland (W) Zone use any lot or erect, alter or use
any buildings or structures for any purpose except for one or more of the
following (W) Zone uses, namely:
(a)
(b)
(c)
(d)
(3)
conservation use;
forestry use;
wildlife management;
works of a Conservation Authority.
ZONE REQUIREMENTS
No person shall within any Wetland (W) Zone use any lot or erect, alter or use
any buildings or structures for any purpose except for one or more of the
(a)
BUILDING STRUCTURES
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.
(b)
(4)
SPECIAL PROVISIONS
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
35-1
SECTION 35
(1)
LIGHT INDUSTRIAL (M1) ZONE
SCOPE
The provisions of this Section shall apply in all Light Industrial (M1) Zones except
as otherwise provided in the Special Provisions subsection of this Section.
(2)
USES PERMITTED
No person shall within any Light Industrial (M1) Zone, use any lot or erect, alter
or use any building or structure for any purpose except for one or more of the
following (M1) Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
agricultural equipment sales and service establishment;
agricultural service and supply establishment;
assembly hall;
auction establishment;
building supply outlet;
duplicating shop;
electrical and electronic products industry;
food processing plant;
light manufacturing;
office;
office, business;
office, support;
pharmaceutical and medical products industry;
printing reproduction and data processing industry;
processed goods industry;
public use;
research and development establishment;
service and repair establishment;
service shop;
tradesman’s shop;
vehicle repair garage
vehicle sales and rental establishment
veterinary clinic;
warehouse, public self storage;
warehousing;
wholesale establishment.
By-Law 110-01, March, 2015
35-2
SECTION 35
(3)
ZONE REQUIREMENTS
No person shall within any Light Industrial (M1) Zone, use any lot or erect, alter
or use any building or structure except in accordance with the following
provisions:
(a)
LOT AREA (MINIMUM)
1,100 m²
(b)
30.0 m
(c)
REQUIRED YARDS (MINIMUM)
Lots Abutting
Industrial or Agricultural Zone
(i)
(ii)
(iii)
(iv)
Front Yard Depth
Exterior Side Yard Width
Interior Side Yard Width
Rear Yard Depth
9.0 m
9.0 m
3.0 m
8.0 m
Lots Abutting
Any Other Zone
18.0 m
18.0 m
15.0 m
15.0 m
Provided that no interior side yard or rear yard is required along any
portion of a lot line that abuts a railroad right-of-way.
(d)
10%
(e)
60%
(f)
12.0 m
Provided that if any portion of any building is erected above a height of
12.0 m, the required yard dimensions shall be increased by 1.0 m for each
1.0 m by which such portion of the building exceeds 12.0 m.
(g)
USE OF FRONT AND EXTERIOR SIDE YARD
Required front and exterior side yards shall be kept open and
unobstructed by any structure or parking area for motor vehicles, except
for visitor parking areas.
(h)
OPEN STORAGE
No open storage of goods or materials shall be permitted except in
accordance with the following provisions:
By-Law 110-01, March, 2015
35-3
SECTION 35
(i)
(ii)
(iii)
(iv)
(v)
(i)
such open storage is accessory to the use of the main building
on the lot;
such open storage complies with the yard and setback
requirements of this Section;
such open storage does not cover more than thirty-five percent
(35%) of the lot area nor exceed twice the ground floor area of
the main building on the lot;
any portion of the area used for open storage, is concealed from
view from the street by a fence or wall;
such open storage shall be located only to the rear of the main
building and shall not be located in the front or exterior side
yard.
NOXIOUS TRADE
The uses permitted in this Zone shall not be interpreted to include the
uses listed in Section 3(26), unless specifically permitted under the
Special Provisions subsection of this Zone.
(j)
(k)
SHIPPING CONTAINERS
(i) Shipping containers shall be permitted within the M1 Zone for
storage purposes accessory to the main use on the property only.
(ii) The number of shipping containers to be located on a lot in the M1
(iv) Any shipping container located on a lot within the M1 Zone shall be
in accordance with the requirements of the M1 Zone.
(4)
SPECIAL PROVISIONS
(a)
M1-1 EXCEPTION NUMBER NOT ASSISGNED
(b)
M1-2 (TAKE-OUT RESTAURANT)
contrary, within any area zoned M1-2 on Schedule "A" hereto, in addition
to the uses permitted in the Light Industrial (M1) Zone, a take-out
restaurant with a maximum floor area of 83.6 square metres shall also be
(c)
M1-3 (FLEA MARKET)
By-Law 110-01, March, 2015
35-4
SECTION 35
to the uses permitted in the Light Industrial (M1) Zone, a flea market,
wholesale establishment, and an auction shall also be permitted.
Furthermore, all activities shall be carried on inside the building except for
outside sales and these areas shall be regulated by a site plan agreement.
(d)
M1-4 (ADDITIONAL USES)
contrary, within any area zoned M1-4 on Schedule "A" hereto, the
• business or professional offices;
• computer, electronic or data processing business;
• a manufacturing plant not over 2350 m²;
• printing plant;
• community centre/recreational establishment;
• research establishment;
• a retail outlet, wholesale outlet or business office accessory to a
permitted use;
• service or repair shop;
• warehouse;
• contractor’s yard;
• establishment for the sale, rental or service of business machines and
office supplies;
• restaurant;
• teaching and training centre;
• convenience store.
Furthermore, outside storage shall be prohibited in the rear yard, parking
shall be located in the front yard, and loading space location facilities may
be located in the front yard. All other requirements of the By-Law shall
apply.
(e)
M1-5 (ASSEMBLY HALL)
to the uses permitted in the Light Industrial (M1) Zone, an assembly hall, a
banquet facility and a caretakers apartment shall also be permitted.
Furthermore, parking for the assembly hall and banquet facility may be
permitted within the front and rear yard. No outside storage shall occur
within the rear yard. All other requirements of the By-Law shall apply.
(f)
M1-6 (ACCESSORY UNIT)
By-Law 110-01, March, 2015
35-5
SECTION 35
to the uses permitted in the Light Industrial (M1) Zone, a caretaker’s unit
(g)
M1-7 (SAW MILL)
permitted uses shall be limited to a sawmill. All other requirements of the
By-Law shall apply.
(h)
M1-8 (BODY SHOP, SALVAGE OR SCRAP YARD)
to the uses permitted in the Light Industrial (M1) Zone, a body shop and a
salvage or scrap yard shall also be permitted. All other requirements of
(i)
M1-9 (BODY SHOP)
to the uses permitted in the Light Industrial (M1) Zone, a body shop and
an auto refurbishing business shall also be permitted. Furthermore, both
uses shall be restricted to the interiors of the building and no outside
storage of materials, vehicles or parts of vehicles shall be permitted. All
(j)
M1-10 (MANUFACTURING SPECIAL REGULATIONS)
to the contrary, within any area zoned M1-10 on Schedule "A" hereto, the
permitted uses shall be limited to, a manufacturing plant, a fabricating
plant, an assembly plant, a warehouse, a parking lot, open storage
accessory to any permitted use, a retail outlet, a wholesale outlet or a
business office accessory to a permitted use. Furthermore, the minimum
front yard for the existing building may be 6 metres, while all future
additions to the front of the building shall comply with the setback
requirements of the M1 Zone. The minimum interior easterly side yard
shall be 5.5 metres for the existing building. If any further additions are
made on the east side of the property, the said addition shall comply with
the required setback standards of the M1 Zone. Also, the minimum
setback of any industrial building shall be 57 metres from a neighbouring
residential dwelling. All other requirements of the By-Law shall apply.
(k)
M1-11 (AUTOMOTIVE USES)
By-Law 110-01, March, 2015
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SECTION 35
to the contrary, within any area zoned M1-11 on Schedule "A" hereto, in
addition to the uses permitted in the Light Industrial (M1) Zone, a vehicle
repair shop, vehicle sales, a service establishment, and a single detached
dwelling shall also be permitted. Furthermore, vehicles that are being
retailed or wholesaled shall not be located within 60 metres of the
southern limit of County Road 4, and the maximum number of vehicles
that may be parked outside awaiting sale shall be limited to 8. All other
(l)
M1-12 (LIVESTOCK)
to those uses permitted in the Light Industrial (M1) Zone, a livestock use
for the stabling of horses or livestock with the use being restricted to a
maximum of 112 square metres, an indoor horse riding arena limited to a
maximum of 600 square metres. Furthermore, any building or portion
thereof to be used for the stabling of livestock or as an indoor horse riding
arena shall be located a minimum of 61 metres from the nearest residence
on an adjoining property. All other requirements of the By-Law shall
apply.
(m)
M1-13 (SERVICE TRADE)
permitted uses shall be limited to a well drilling business, the manufacture
of concrete well tile but only for the primary use of the operator of the well
drilling business and accessory uses, buildings and structures.
Furthermore, no building or structure shall exceed a height of 15 metres.
(n)
M1-14 (MEDICAL/DENTAL and RELATED USES FACILITY)
area zoned M1-14 on Schedule “A” hereto, in addition to the uses
permitted in the (M1) zone, a medical/dental and related uses facility is
permitted. A medical/dental and related uses facility shall permit the
practices of uses listed in Schedule 1 of the Regulated Health Professions
Act, 1991, including practices yet to be proclaimed. All other requirements
of the By-law shall apply. (Maps 14 & 22)
(o)
M1-15 (ADDITIONAL USE)
permitted in the M1 zone a recreational use consisting of a shooting and
By-Law 110-01, March, 2015
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SECTION 35
(5)
archery club including members’ lounge, offices and related retail sales of
shooting and archery equipment, supplies and related paraphernalia shall
also be permitted; said retail uses shall not exceed 440 square metres. All
other requirements of the by-law shall apply. (Maps 58 & 58A)
(p)
M1-16 (REDUCED INTERIOR SIDE YARD)
area zoned M1-16 on Schedule “A” hereto, the following shall apply; a
reduced interior side yard setback of 12m whereas 15m is required. All
other requirements of the By-law shall apply. (Key Map 33)
(q)
Space.
TEMPORARY USES
By-Law 110-01, March, 2015
36-1
SECTION 36
(1)
SPECIAL INDUSTRIAL (M2) ZONE
SCOPE
The provisions of this Section shall apply to all Special Industrial (M2) Zones
except as otherwise provided in the Special Provision subsection of this Section.
(2)
USES PERMITTED
No person shall within the Special Industrial (M2) Zone, use any lot or erect, alter
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(3)
accessory use;
business office;
light manufacturing;
office;
office supply outlet;
office, support;
public use;
repair and rental establishment;
research and development establishment;
retail accessory to a permitted use;
service shop;
veterinary clinic;
warehouse;
wayside pit;
wholesale establishment.
ZONE REQUIREMENTS
No person shall within any Special Industrial (M2) Zone, use any lot or erect,
provisions:
(a)
LOT AREA (MINIMUM)
1,100 m²
(b)
30.0 m
By-Law 110-01, March, 2015
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SECTION 36
(c)
Lots Abutting
Lots Abutting
Any Other Zone
(i)
Front Yard Depth
9.0 m
18.0 m
(ii)
9.0 m
18.0 m
(iii)
3.0 m
15.0 m
(iv)
Rear Yard Depth
8.0 m
15.0 m
(d)
10%
(e)
60%
(f)
12.0 m
Provided that if any portion of any building is erected above a height of
12.0 m, the required yard dimensions shall be increased by 1.0 m for each
1.0 m by which such portion of the building exceeds 12.0 m.
(g)
USE OF FRONT AND EXTERIOR SIDE YARD
Required front and exterior side yards shall be kept open and
unobstructed by any structure or parking area for motor vehicles, except
for visitor parking areas.
(h)
OPEN STORAGE
No open storage of goods or materials shall be permitted except in
accordance with the following provisions:
(i)
(ii)
(iii)
(iv)
such open storage is accessory to the use of the main building on
the lot;
such open storage complies with the yard and setback
requirements of this Section;
such open storage does not cover more than thirty-five percent
(35%) of the lot area nor exceed twice the ground floor area of the
main building on the lot;
any portion of the area used for open storage, is concealed from
view from the street by a fence or wall;
By-Law 110-01, March, 2015
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SECTION 36
(v)
(i)
such open storage shall be located only to the rear of the main
building and shall not be located in the front or exterior side yard.
NOXIOUS TRADE
(j)
(k)
SHIPPING CONTAINERS
(4)
SPECIAL PROVISIONS
(a)
M2-1 (MANUFACTURING AND MACHINE SHOP)
permitted uses shall be limited to a manufacturing plant and a machine
(b)
M2-2 (MANUFACTURING)
permitted uses shall be limited to a manufacturing and assembly plant for
textiles, canvas, sporting equipment, related accessory products, and
accessory uses including a business office. The manufacturing operations
shall not exceed a maximum gross floor area of 8,000 square metres and
shall be limited to a one-storey structure. Furthermore, the westerly
interior side yard shall be 1.1 metres, no outside storage shall be
permitted and the lands are exempt from the setback provisions for lots
abutting a residential zone. All other requirements of the By-Law shall
apply.
(c)
M2-3 (CONTRACTOR’S YARD)
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SECTION 36
permitted uses shall be limited to a contractor’s yard for a carpentry and
wood construction business and the on-site construction of log buildings
and structures and related outdoor storage uses thereto. All other
(d)
M2-4 (FOOD PROCESSING)
permitted uses shall be limited to a food condensing and processing
business. All other requirements of the By-Law shall apply.
(e)
M2-5 (WOOLEN MILL AND RETAIL)
permitted uses shall be limited to a woollen mill, retail, professional offices
and a tea room. All other requirements of the By-Law shall apply.
(f)
M2- 6 (REPAIR SHOP AND GARAGE)
permitted uses shall be limited to a welding and machine repair shop, a
tradesman’s shop, and an automobile and agricultural equipment repair
garage. Furthermore the minimum front yard setback from the centre line
of the road shall be 24.3 metres. All other requirements of the By-Law
shall apply.
(g)
M2-7 (BOOSTER PUMPING STATION)
permitted uses shall be limited to a booster pumping station and/or related
valve control station for a utility pipeline.All other requirements of the ByLaw shall apply.
(h)
M2-8 (CONTRACTOR’S YARD AND SHOP)
permitted uses shall be limited to a contractor’s yard and shop for
construction and excavation equipment. Furthermore, the minimum rear
yard depth may be 3.4 metres. All other requirements of the By-Law shall
apply.
By-Law 110-01, March, 2015
36-5
SECTION 36
(i)
M2-9 (MANUFACTURING)
permitted uses shall be limited to a manufacturing plant for marble
products All other requirements of the By-Law shall apply.
(j)
M2-10 (AIRPORT)
permitted uses shall be limited to an airport owned by the City of Brantford
including the operation, repair, maintenance and storage of aircraft and
ancillary functions such as private clubs and commercial aircraft or related
companies and industrial uses involved with manufacturing, assembly,
repair, fabricating, storage and/or technical services which rely on a
location adjacent to an airport. Furthermore no lands may be used for any
of the following uses or activities:
• the underground transmission of oil, gasoline, or other petroleum
products;
• wood preserving and treating;
• outdoor storage of road salt, or other de-icing materials or the dumping
of salt laden snow;
• petroleum production, refining, or manufacturing;
• furniture and wood striping and refinishing;
• horticultural nurseries;
• landfills;
• chemical/biological laboratory;
• disposal of leachable waste;
• electroplaters and metal fabricators;
• asphalt/concrete/tar plants;
• automobile salvage yards;
• car washes;
• dry cleaning facilities;
• cemeteries;
• gasoline service stations;
• underground storage tanks.
(k)
M2-11 (BUS PARKING)
permitted uses shall be limited to the parking and storage of newly and/or
By-Law 110-01, March, 2015
36-6
SECTION 36
partially assembled school buses and a portable office building or
structure accessory to bus parking and storage. Furthermore, the
maximum gross floor area for the administration office shall be 50 m². All
(l)
M2-12 (RETAIL)
to the contrary, within any area zoned M2-12 on Schedule "A" hereto, in
addition to the uses permitted in the Special Industrial (M2) Zone, a retail
store engaged in the sale of new and used office furniture, industrial
shelving, office supplies and ancillary uses not exceeding a gross floor
area of 1300m² shall also be permitted. Also, accessory uses, buildings
and structures shall be permitted. All other requirements of the By-Law
shall apply.
(m)
M2-13 (MACHINE SHOP/TOOL AND DIE)
permitted uses shall be limited to a machine shop and a tool and die
manufacturing plant. All other requirements of the By-Law shall apply.
(n)
M2-14 (OUTDOOR RECREATION USE)
contrary, within any area zoned M2-14 on Schedule “A” hereto, in addition
to the uses permitted in the Special Industrial (M2) Zone, an outdoor
recreation use may also be permitted. All other requirements of the ByLaw shall apply.
(o)
M2-15
Exception number not assigned
(p)
M2-16 (ADDITIONAL USE)
area zoned M2-16 on Schedule “A” hereto, a public self-storage
warehouse shall be an additional permitted use. All other requirements of
(q)
M2-17 (ADDITIONAL USES)
area zoned M2-17 on Schedule “A” hereto, a plant producing clay bricks
shall be a permitted use. Said brick production and storage of raw material
shall be enclosed, finished brick products may be stored outside subject to
the applicable provisions of this by-law. Notwithstanding the provisions of
subsection 3(10)(a), 3(12)(a), and 3(17)(a), open storage may be
By-Law 110-01, March, 2015
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SECTION 36
permitted in any yard, in accordance with the following:
1. Such open storage is accessory to the use of the main building on
the lot.
2. Such open storage does not cover more than 35% of the lot area
nor exceed twice the ground floor area of the main building on the
lot.
3. Bus storage in a yard adjacent to the intersection of Colborne
Street West with Airport Road shall be screened from view from
Colborne Street West and Airport Road by a 6.0 metre wide
planting strip which shall be extensively planted and maintained
with both coniferous and deciduous trees in a ratio of 70% and 30%
respectively the along road length of the respective areas used for
bus storage purposes.
4. All permitted open storage shall only occur upon the construction
and maintenance of a 2.0 metre high (minimum) closed visual
screen. Such closed visual screen shall consist of an earthen berm,
solid stone, simulated stone, or masonry wall or any combination
thereof. The requirement for and details regarding the 2.0 metre
high (minimum) closed visual screen shall be incorporated into the
Site Plan Control Agreement and located adjacent to any permitted
open storage along Colborne St. West and extending northerly
along the westerly lot line a distance of 55.0 metres.
5. Open storage of finished brick products shall not exceed a height of
3.35 metres.
6. Any loading area for raw clay materials shall be completely
enclosed and limited to the north wall of the permitted building.
7. The removal of finished brick products from the permitted building
shall not be located along the southerly wall of the permitted
building. (Map 60)
(r)
(5)
Space.
TEMPORARY USES
By-Law 110-01, March, 2015
37-1
SECTION 37
(1)
HEAVY INDUSTRIAL (M3) ZONE
SCOPE
The provisions of this Section shall apply in all Heavy Industrial (M3) Zones
Section.
(2)
USES PERMITTED
No person shall within any Heavy Industrial (M3) Zone, use any lot or erect, alter
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(3)
any uses permitted in M1 Zone;
body shop;
chemical plant;
contractor's yard or shop;
dry cleaning and laundry plant;
general manufacturing;
impounding yard;
manufacturing and assembly industry;
municipal or provincial garage or storage yard;
office, support;
open storage use of goods or materials if accessory to a permitted use;
parking lot;
propane transfer facility;
vehicle repair garage.
ZONE REQUIREMENTS
No person shall within any Heavy Industrial (M3) Zone, use any lot or erect, alter
provisions:
(a)
LOT AREA (MINIMUM)
1,100 m²
(b)
30.0 m
(c)
Lots Abutting
By-Law 110-01, March, 2015
Lots Abutting
37-2
SECTION 37
Any Other Zone
(i)
Front Yard Depth
9.0 m
18.0 m
(ii)
9.0 m
18.0 m
(iii)
3.0 m
15.0 m
(iv)
Rear Yard Depth
8.0 m
15.0 m
(d)
10%
(e)
60%
(f)
12.0 m
With any minimum side yard, if any portion of any building is erected
above a height of 12.0 m, the required yard dimensions shall be increased
by 1.0 m for each 1.0 m by which such portion of the building exceeds
12.0 m.
(g)
OPEN STORAGE
Any part of any lot used for a permitted open storage shall be fenced.
(h)
NOXIOUS TRADES
(i)
(j)
SHIPPING CONTAINERS
By-Law 110-01, March, 2015
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SECTION 37
(4)
SPECIAL PROVISIONS
(a)
M3-1 (PUMPING STATION AND WAREHOUSE)
permitted uses shall be limited to a pumping station and a valve control
station for pipeline utility purposes, a warehouse accessory to the pipeline
utility business and a storage yard for equipment related to the pipeline
utility business. All other requirements of the By-Law shall apply.
(b)
M3-2 (LIMITED INDUSTRIAL)
• contractor’s or tradesman’s shop and accessory yard;
• agricultural equipment sales and service establishment;
• building supply outlet;
• parking lot;
• public utility yard;
• service shop;
• vehicle sales and rental establishment;
• wholesale establishment;
• warehouse;
• retail outlet, wholesale outlet or business office accessory to a
permitted use;
• cartage, express or transport/truck terminal or yard;
• machine shop;
• open storage use accessory to a permitted use;
• uses, buildings and structures accessory to the foregoing permitted
uses except a residential use; and
• parking, public garage.
(c)
M3-3 (TRANSPORT/TRUCK TERMINAL)
permitted uses shall be limited to a cartage, express, or truck
transport/truck terminal. Furthermore, minimum rear and easterly interior
side yard shall be 1.5 metres and the required landscaping strips along
By-Law 110-01, March, 2015
37-4
SECTION 37
the easterly side yard and rear yard where buildings or structures are
erected shall be varied to 1.5 metres. All other requirements of the ByLaw shall apply.
(d)
M3-4 (BUS TRANSPORT TERMINAL)
permitted uses shall be limited to a bus transport terminal and buildings
and structures accessory thereto. All other requirements of the By-Law
shall apply.
(e)
M3-5 (CONTRACTOR’S SHOP, BODY SHOP )
permitted uses shall be limited to a contractor’s yard or shop for an
excavation, bulldozing and construction business and related buildings,
structures and yards accessory thereto; a machinery and agricultural
equipment repair shop; and a body shop. All other requirements of the
By-Law shall apply.
(f)
M3-6 (AUTOMOBILE SERVICE STATION, SALVAGE YARD)
permitted uses shall be limited to an automobile service station, a salvage
yard, a retail outlet, a wholesale outlet or a business office accessory to a
permitted use and a single detached dwelling accessory to the permitted
uses. All other requirements of the By-Law shall apply.
(g)
M3-7 (CONCRETE BATCHING PLANT)
to the uses permitted in the Heavy Industrial (M3) Zone, a concrete
batching plant shall also be permitted. All other requirements of the ByLaw shall apply.
(h)
M3-8 (TRANSPORT/TRUCK TERMINAL)
zoned M3-8 on Schedule "A" hereto, the permitted uses shall be limited to
a transport/truck terminal or yard, a business involving the maintenance,
service and repair of trucks, a single detached dwelling, and a retail outlet,
or a wholesale outlet or a business office accessory to a permitted use.
Further, the minimum easterly interior side yard setback shall be 3.0
By-Law 110-01, March, 2015
37-5
SECTION 37
(i)
M3-9 (SALVAGE YARD)
to the uses permitted in the Heavy Industrial (M3) Zone, a salvage yard
restricted to vehicles shall also be permitted. All other requirements of the
By-Law shall apply.
(j)
M3-10 (MACHINE SHOP)
permitted uses shall be limited to a machine shop and an accessory
residential dwelling unit. All other requirements of the By-Law shall apply.
(k)
M3-11 (GAS BAR, VEHICLE SALES, RESTAURANT)
to the uses permitted in the Heavy Industrial (M3) Zone, a gas bar, a
motel, an eating establishment, a car wash, a farm implement dealer, and
a farm produce retail outlet. All other requirements of the By-Law shall
apply.
(l)
M3-12 (WASTE DISPOSAL SITE)
Notwithstanding the provisions of Section 37(2) to the contrary, within any
permitted in the Heavy Industrial (M3) Zone, a disposal site for solid nonhazardous foundry wastes accessory to foundries owned and operated by
Wescast shall also be permitted. The disposal shall be limited to solid
non-hazardous foundry wastes, as defined in Ontario Regulation 347, as
amended, generated by the foundry as follows:
• slag;
• waste sand;
• core butts;
• bag house waste;
• premix waste comprised of clay and coal dust;
• refractory;
• iron;
• wood packing wastes, pallets, floor sweepings, rubber belts and other
miscellaneous wastes in small quantities.
All of the above subject to a Certificate of Approval from the Ministry of
Environment. All other requirements of the By-Law shall apply.
By-Law 110-01, March, 2015
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SECTION 37
(m) Exception Number Dissolved as a result of By-law 79-15 (Schut’s) being
approved.
(n)
M3-14
Exception number not assigned
(o)
M3-15 (FLEA MARKET)
contrary, within any area zoned M3-15 on Schedule “A” hereto, in addition
to the uses permitted in the Heavy Industrial (M3) Zone, a retail store
operating as a commercial flea market within the existing buildings, but not
including an automotive use, shall also be permitted.
All other
(p)
M3-16 (ACCESSORY DWELLING)
Notwithstanding the provisions of Section 37(2) of this By-Law, within any
permitted in the Heavy Industrial (M3) Zone, a single detached dwelling
accessory to the principal industrial use on the lot shall also be permitted.
(q)
M3-17 (LOADING SPACES)
area zoned M3-17 on Schedule “A” hereto, a loading space is permitted in
any yard, including a front yard. All other requirements of the By-Law
(r)
M3-18 (TRANSFORMER)
area zoned M3-18 on Schedule “A” hereto, the permitted use of these
lands shall be limited to a hydro-electric transformer and uses accessory
thereto. All other requirements of the By-Law shall apply. (Map 33)
(s)
M3-19 (HOME, FARM AND AUTO STORE)
permitted in the M3 zone, a retail store providing home, farm, automotive
and similar merchandise, shall also be permitted. All other requirements
(t)
M3-20 (DEVELOPMENT REQUIREMENTS)
area zoned M3-20 on Schedule “A” hereto, the minimum rear yard (north)
By-Law 110-01, March, 2015
37-7
SECTION 37
(u)
may be 0.0m measured from the zone limit. All other requirements of the
M3-21 (LIMITED USES)
area zoned M3-21 on Schedule “A” hereto, the permitted uses of land
shall be limited to the following:
• any use permitted in M1 Zone, save and except a processed goods
industry;
• general manufacturing;
• manufacturing and assembly industry;
• municipal or provincial garage or storage yard;
• office, support;
• open storage use of goods or materials if accessory to a permitted
use;
• parking lot;
• printing establishment;
• transport/truck terminal;
• vehicle repair garage.
All yard dimensions shall be measured as if any abutting property is zoned
in an agricultural or an industrial zone. All other requirements of the ByLaw shall apply. (Map 45)
(v)
M3-22 (PROPANE STORAGE)
area zoned M3-22 on Schedule “A” hereto, an aggregate propane storage
capacity not exceeding 310,000 litres shall be permitted. All other
(w)
M3-23 EXCEPTION NUMBER NOT ASSISGNED
(x)
M3-24 (MEDICAL AND RELATED USES FACILITY)
permitted in the M3 zone, a medical and related uses facility is permitted.
A medical and related uses facility shall permit the practices of uses listed
in Schedule 1 of the Regulated Health Professions Act, 1991, including
practices yet to be proclaimed, uses that are secondary and incidental to
various health practices, such as laboratories and imaging services, a
coffee shop and/or cafeteria, meeting rooms and kitchen facilities
available for community and non-profit use, dispensing of optical, hearing
By-Law 110-01, March, 2015
37-8
SECTION 37
(y)
(5)
and like devices, a pharmacy not to exceed 235 square meters. All other
requirements of the By-Law shall apply. (Map 32 & 32A)
M3-25 (LIMITED USES)
Notwithstanding any provision in this By-Law to the contrary, within any area
zoned M3-25 on Schedule ‘A’ hereto, the uses shall be limited to the wholesale
or retail sale of building supplies, manufactured, natural or similar landscaping
hardscape materials with accessory open storage. All other requirements of the
By-Law shall apply. (Maps 77 & 78)
TEMPORARY USES
By-Law 110-01, March, 2015
38-1
SECTION 38
(1)
RURAL INDUSTRIAL (M4) ZONE
SCOPE
The provisions of this Section shall apply in all Rural Industrial (M4) Zones
Section.
(2)
USES PERMITTED
No person shall within any Rural Industrial (M4) Zone, use any lot or erect, alter
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(3)
agricultural service and supply establishment;
auction establishment;
contractor's yard;
feed and flour mill;
feed storage and supply yard;
grain elevator, washing and drying;
impounding yard;
industrial and agricultural equipment sales and service;
livestock sales establishment;
lumber mill yard;
municipal or provincial garage or storage yard;
office, support;
open storage use of goods or materials if accessory to a permitted use;
paper and allied products industry;
parking lot;
propane transfer facility;
sawmill;
service trade;
storage depot;
tradesman’s shop;
vehicle repair garage;
veterinary clinic.
ZONE REQUIREMENTS
By-Law 110-01, March, 2015
38-2
SECTION 38
No person shall within any Rural Industrial (M4) Zone, use any lot or erect, alter
provisions:
(a)
LOT AREA (MINIMUM)
1,100 m²
(b)
30.0 m
(c)
Lots Abutting
Lots Abutting
Any Other Zone
(i)
Front Yard Depth
9.0 m
18.0 m
(ii)
9.0 m
18.0 m
(iii)
3.0 m
15.0 m
(iv)
Rear Yard Depth
8.0 m
15.0 m
(d)
10%
(e)
60%
(f)
12.0 m
With any minimum side yard, if any portion of any building is erected
above a height of 12.0 m the required yard dimensions shall be increased
by 1.0 m for each 1.0 m by which such portion of the building exceeds
12.0 m.
(g)
OPEN STORAGE
(h)
(i)
SHIPPING CONTAINERS
By-Law 110-01, March, 2015
38-3
SECTION 38
(4)
SPECIAL PROVISIONS
(a)
M4-1 (PROCESSING PLANT)
to the uses permitted in the Rural Industrial (M4) Zone, a processing plant
(b)
M4-2 (AGRICULTURAL EQUIPMENT SALES AND SERVICE,
RESIDENTIAL)
permitted uses shall be limited to an agricultural equipment sales and
service establishment and a single detached dwelling.
All other
(c)
M4-3 (CONTRACTOR’S YARD, TRANSPORT/TRUCK TERMINAL)
permitted uses shall be limited to: a contractor’s yard; a concrete
fabricating business; an outside storage area; a parking area; a
transport/truck terminal; one building for the aforementioned uses having a
maximum gross floor area of 240 square metres; a single detached
dwelling accessory to the permitted use;, and a retail outlet, wholesale
outlet or business office accessory to a permitted use shall also be
(d)
M4-4 (LIMITED USES)
permitted uses shall be limited to a grain elevator, a parking lot, a
warehouse, a feed mill, a weigh scale, a transport/truck terminal, a retail
outlet or business office accessory to the permitted use. All other
(e)
(LIMITED USES)
By-Law 110-01, March, 2015
38-4
SECTION 38
permitted uses shall be limited to a parking lot, a retail outlet or business
office accessory to the permitted use. All other requirements of the ByLaw shall apply. (Maps 113)
(f)
M4-6 (EQUIPMENT SALES AND SERVICE ESTABLISHMENT)
area zoned M4-6 on Schedule “A” hereto, the permitted uses shall be
limited to an agricultural equipment sales and service establishment and a
single detached dwelling. Agricultural uses, as they existed on May 31,
2004, are also permitted and are deemed to conform to the zoning ByLaw. All other requirements of the By-Law shall apply. (Map 70)
(g)
M4-7 (ADDITIONAL USES AND DEVELOPMENT STANDARDS)
area zoned M4-7 on Schedule ‘A’ attached hereto, in addition to the uses
permitted within the Rural Industrial Zone the following uses shall also be
permitted:
-manufacturing and fabricating of metal and concrete products;
-warehousing;
-open storage;
-wholesale outlet;
-support office;
the following development standards shall apply:
Rear Yard (Minimum):
Height (Maximum):
353metres to Muir Road South.
No buildings/structures, parking or
loading, storage or display, shall be
permitted within the required front yard,
except a building/structure used as an
office with associated parking accessory
to the permitted use, shall be a
minimum of 75.0metres from the front
property line (Muir Road South) and a
minimum of 15.0metres from the interior
(north) property line.
28.0 metres to the north property line
and the minimum interior side yard
setback to the south property line shall
be 15.0metres.
55.0metres to the east property line.
10%
30.0 metres
By-Law 110-01, March, 2015
38-5
SECTION 38
All other requirements of By-law shall apply. (Map 69)
(h)
(i)
(5)
Space.
M4-9 (FERTILIZER BLENDING STATION)
Notwithstanding the provisions of Section (3) of this By-Law to the
contrary, within any area Zoned M4-9 on Schedule “A” hereto, in addition
to the uses permitted, a fertilizer blenging station shall also be permitted.
All other requirements of the By-Law shall apply. (Maps 94, 111A & 112)
TEMPORARY USES
By-Law 110-01, March, 2015
39-1
SECTION 39
(1)
DISPOSAL INDUSTRIAL (M5) ZONE
SCOPE
The provisions of this Section shall apply in all Disposal Industrial (M5) Zones
Section.
(2)
USES PERMITTED
No person shall within any Disposal Industrial (M5) Zone, use any lot or erect,
the following (M5) Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(3)
garbage disposal area;
power generation;
public use;
recycling area;
salvage yard;
waste transfer station.
ZONE REQUIREMENTS
No person shall within any Disposal Industrial (M5) Zone, use any lot or erect,
provisions:
(a)
LOT AREA (MINIMUM)
1.0 ha
(b)
45.0 m
(c)
30.0 m
(d)
30.0 m
(e)
30.0 m
(f)
(g)
(h)
HEIGHT
(i)
30.0 m
30%
15.0 m
By-Law 110-01, March, 2015
39-2
SECTION 38
(j)
SHIPPING CONTAINERS
(4)
SPECIAL PROVISIONS
(5)
TEMPORARY USES
By-Law 110-01, March, 2015
40-1
SECTION 40
(1)
EXTRACTIVE INDUSTRIAL (EX) ZONE
SCOPE
The provisions of this Section shall apply in all Extractive Industrial (EX) Zones
Section.
(2)
USES PERMITTED
No person shall within any Extractive Industrial (EX) Zone, use any lot or erect,
the following (EX) Zone uses, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(3)
aggregate storage area;
crushing plant;
office;
public use;
resource extraction operation;
quarry.
ZONE REQUIREMENTS
No person shall within any Extractive Industrial (EX) Zone, use any lot or erect,
provisions:
(a)
LOT AREA (MINIMUM)
1,100 m²
(b)
30.0 m
(c)
(i)
Front Yard Depth
(ii)
(iii)
(iv)
Rear Yard Depth
18.0 m
18.0 m
15.0 m
15.0 m
(d)
(e)
OPEN STORAGE
10%
(f)
By-Law 110-01, March, 2015
40-2
SECTION 40
(g)
SHIPPING CONTAINERS
i. Shipping containers shall be permitted within the EX Zone for
storage purposes
ii. The number of shipping containers to be located on a lot in the EX
iii. Shall not be located in a yard abutting a Residential Zone.
iv. Any shipping container located on a lot within the EX Zone shall be
in accordance with the requirements of the EX Zone.
(4)
SPECIAL PROVISIONS
(a)
EX-1 (YARD PROVISIONS)
contrary, within any area zoned EX-1 on Schedule "A" hereto, the
minimum yard requirements for the face of the extraction of sand and
gravel shall be as follows:
(i)
(ii)
(iii)
(iv)
the minimum rear yard shall be 45 metres;
the minimum northerly interior side yard shall be 15 metres;
the minimum interior southerly side yard does not apply as it abuts
an unopened road allowance; and
the minimum side yard/setback between the easterly face of the
extraction area and properties situated to the east shall be as
follows:
1. for properties with the Assessment Roll No. 2920-016-02031750, the minimum requirement shall be 75 metres; and
2. for the property with the Assessment Roll No. 2920-016-02031700, the minimum yard requirement shall be 90 metres.
(b)
EX-2 (LIMITED USES)
to the contrary, within any area zoned EX-2 on Schedule "A" hereto, the
zone requirements of the (EX) Zone shall apply with the following
exceptions:
(i)
no extraction shall take place below a depth of 1 metre above the
water table other than in forming the settling ponds to clarify
washwater as shown on the licensee’s site plan; and
By-Law 110-01, March, 2015
40-3
SECTION 40
(c)
(ii)
no topsoil or subsoil shall be removed from the licensed property;
and
(iii)
the pit face setback on the northerly limit of the (EX) Zone shall be
the property oundary.
EX-3 (LIMITED USES)
to the contrary, within any area zoned EX-3 on Schedule "A" hereto, the
zone requirements of the (EX) Zone shall apply with the following
exceptions:
(i)
no other use shall take place on the northeast corner of the lands,
being a triangular-shaped portion measuring 100 metres west of
Rest Acres Road and 200 metres south of Bethel Road except
earth berming and tree screening accessory to a licensed pit;
(v)
no extraction shall take place below a depth of 1 metre above the
water table other than in forming the settling ponds to clarify
washwater as shown on the licensees site plan; and
(vi)
no topsoil or subsoil shall be removed from the licensed property.
(5)
TEMPORARY USES
(a)
Schedule “B”
1. Flight activity at model airplane flying club shall be undertaken exclusively by the
members of the “Brant Flyers R/C Inc.” with flyers being limited to 80 persons at
any one time.
2. The model airplane flying club shall operate only between April 1st and October
31st.
3. The model airplane flying club shall not operate any flights except during the
following hours:
Weekdays: 09:00h to 20:30h or 30 minutes prior to sunset
Saturdays: 09:00h to 18:00h
Sundays:
12:00h to 18:00h
Holidays:
10:00h to 18:00h
4. No permanent public address system is permitted.
By-Law 110-01, March, 2015
40-4
SECTION 40
5. Individual flight lengths shall not exceed 20 minutes, with a maximum of five (5)
models flying at any given time.
6. Aircraft that do not comply with the Brant Flyers R/C Inc.’s noise regulations are
not permitted.
7. No permanent buildings or structures are permitted. Any temporary structures
(including sanitary facilities) for regular operations are to be erected and removed
to the satisfaction of the County and the Brant County Health Unit, where
applicable.
8. No parking is permitted on or beside the private laneway and the municipal road.
The laneway shall remain clear and fee of obstacles that may impede the access
of an emergency vehicle.
9. On-site storage of fuel and oil is not permitted.
By-Law 110-01, March, 2015
SECTION 41
APPROVAL
This By-Law shall come into force on the date it is passed by the Council of the County
of Brant.
This By-Law given its first, second and third reading and finally passed on the 17th day
of July, 2001
Ron Eddy
Mayor
Don Glassford
Clerk
By-Law 110-01, March, 2015
SCHEDULES
SCHEDULE “A”
ZONE MAPS
SCHEDULE “B” MINIMUM DISTANCE SEPARATION I (MDS I)
SCHEDULE “C” MINIMUM DISTANCE SEPARATION II (MDS II)
SCHEDULE “D”
HEIGHT RESTRICTIONS IN VICINITY OF THE
BRANTFORD AIRPORT
By-Law 110-01, March, 2015

zoning bylaw - County of Brant

Transcription

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