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ALNWICK/HALDIMAND
ZONING BY-LAW NO. 19-2019
November 28, 2019
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Table of Contents
Section 1 - By-Law Interpretation and Administration .................................. 1
Section 2 - Zone Classification ........................................................................ 5
Section 3 - Definitions ...................................................................................... 8
Section 4 - General Zone Provisions ............................................................. 57
Section 5 - Rural (RU) Zone ........................................................................... 99
Section 6 - Agricultural (A) Zone ................................................................. 132
Section 7 - Rural Residential (RR) Zone ..................................................... 144
Section 8 - Hamlet Residential (HR) Zone .................................................. 162
Section 9 - Shoreline Residential (SR) Zone .............................................. 174
Section 10 - Limited Service Residential (LSR) Zone ................................ 177
Section 11- General Commercial (GC) Zone ............................................... 182
Section 12 - Hamlet Commercial (HC) Zone ............................................... 187
Section 13 - Recreation Commercial (RC) Zone ......................................... 194
Section 14 - General Industrial (MG) Zone .................................................. 201
Section 15 - Extractive Industrial (ME) Zone .............................................. 206
Section 16 - Waste Disposal Industrial (MD) Zone ..................................... 209
Section 17 - Community Facility (CF) Zone ................................................ 210
Section 18 - Open Space (OS) Zone ............................................................ 214
Section 19 - Development (D) Zone ............................................................. 216
Section 20 - Environmental Protection (EP) Zone...................................... 218
Section 21 - Provincially Significant Wetland (PSW) Zone ....................... 225
Section 22 - Environmentally Sensitive Areas (ESA) Zone ....................... 226
Section 23- Oak Ridges Moraine Environmental (ORME) Zone ............... 227
Section 24 - Oak Ridges Moraine Core (ORMC) Zone ............................... 228
Section 25- Oak Ridges Moraine Linkage (ORML) Zone ........................... 230
Section 26 - Oak Ridges Moraine Countryside (ORMCO) Zone ............... 231
Section 27 - Oak Ridges Moraine Mineral Extractive (ORMME) Zone ..... 234
Section 28 - Oak Ridges Moraine Environmental Plan Review (ORMEPR)
Zone ............................................................................................................... 237
Section 29 - Source Water Protection Area ................................................ 238
Section 30 - Penalties & Adoption ............................................................... 239
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
The Corporation of the
Township of
Alnwick/Haldimand
By-law No. 19-2019
Being a By-law to regulate the use of land and the character, location and use of
buildings and structures in the Township of Alnwick/Haldimand.
Whereas authority is granted under the Planning Act, R.S.O. 1990, c. P.13, as
amended to pass this By-law;
And Whereas the Council of the Corporation of the Township of Alnwick/Haldimand
considers it desirable to repeal By-law No. 100-2010 of the of the Township of
Alnwick/Haldimand;
And Whereas the Council of the Corporation of the Township of Alnwick/Haldimand
further deems it necessary in the public interest to regulate the use of land in the
Township;
Now Therefore the Council of the Corporation of the Township of Alnwick/Haldimand
enacts as follows:
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 1 of 240
Section 1 - By-Law Interpretation and Administration
1.1
Title of the By-law
This By-law may be cited as "The Township of Alnwick/Haldimand
Comprehensive Zoning By-law".
1.2
Compliance with Zoning By-law
No land, building, structure, excavation, lot or premises shall be used or
occupied and no building, structure or excavation shall be erected, altered or
made, in whole or in part, for any purpose EXCEPT in conformity with the
provisions of this By-law.
No lands shall be severed from any existing lot if the effect of such action is to
cause the original, adjoining, remaining or new building, structure or lot to be in
contravention of this By-law.
Nothing in this By-law shall prevent the use of any lot, building or structure for
any purpose prohibited by this By-law if such lot, building or structure was
lawfully used for such purpose on the date of passing of this By-law, so long
as it continues to be used for that purpose.
1.3
Minor Variances to Former By-laws
Where the Committee of Adjustment of the Township of Alnwick/Haldimand or
the former Township of Alnwick or the former Township of Haldimand or the
Ontario Municipal Board has authorized a minor variance from the provisions of
By-laws 100-2010, 619 and 1001-73 as amended, in respect of any land,
building or structure and the decision of the said Committee of Adjustment or
the Ontario Municipal board authorizing such minor variance has become final
and binding prior to the effective date of this By-law, the provisions of this By-
law, as they apply to such land, building or structure, shall be deemed to be
modified but only to the extent necessary to give effect to the provisions of that
previous minor variance.
1.4
Site Plan Agreement and Site Plan Approvals
Where a Site Plan Agreement has been entered into prior to the effective date
of this Bylaw or where Site Plan Approval has been granted by the Municipality
but a Building Permit for the development in either circumstance has not been
issued, the provisions of this Bylaw, as they apply to such land, building or
structure, shall be deemed to be modified to the extent necessary to give effect
to such Site Plan Agreement or Site Plan Approval, provided that the Building
Permit is issued within one (1) year of the effective date of this By-law. If a
Building Permit is not issued within one (1) year of the effective date of this By-
law a new Site Plan Agreement will be required.
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Page 2 of 240
1.5
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 invalid, such declaration does not affect the validity of this
By-law as a whole and all the remaining sections, clauses, provisions or
Schedules of this By-law remain in full force and effect until repealed.
Declarations Schedules A1, A2, A3, A4, A5, A6, A7, A8 attached hereto form
an integral part of this By-law.
1.6
Application
This By-law shall apply to and be enforceable within the municipal boundaries of
the Township of Alnwick/Haldimand.
1.7
Interpretation
Unless the contrary intention appears in this By-law, words importing the
singular number or the masculine gender only, include more persons, parties or
things of the same kind than one, and females as well as males, and the
converse. Words used in the present tense include the future, and the word
"shall" is mandatory and not directory.
"Illustrations" and "Notes" contained in this By-law are provided for information
and convenience, and do not form part of this By-law.
1.8
Zone Symbols
The Zone symbols used on the Schedules to this By-law refer to the use of land,
buildings and structures and excavations permitted by this By-law in the zone
categories. In this By-law whenever the word "Zone" is used, preceded by any
of the symbols, such Zone shall mean any area within the Township of
Alnwick/Haldimand delineated on the Schedules to this By-law and designated
thereon by the symbol.
1.9
Zoning Administration
This By-law shall be administered and enforced by the By-law Enforcement
Officer.
1.10 Application of Other Statues and By-laws
Nothing in this By-law shall relieve any person from the obligation to comply
with the requirements of any applicable statue or regulation or of any applicable
by-law of the Township of Alnwick/Haldimand or the obligation to obtain any
license, permit, authority or approval required under any by-law of the Township
of Alnwick/Haldimand.
1.11 Occupancy Permit
No change may be made in the type or use or activity of any lot covered by this
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By-law, or of any building or structure until an Occupancy Certificate has been
issued by the Chief Building Official.
1.12 Occupancy of Uncompleted Dwellings
No dwelling house shall be used for human habitation until the Building Code
Act R.S.O., 1990, as amended and the Regulations passed thereunder have
been complied with and an Occupancy Permit has been obtained.
1.13 Building or Structures to be Moves
In all Zones, no buildings or structures, residential or otherwise, normally
requiring a building permit for construction shall be moved within the area
affected by this By-law without a Building Permit
1.14 Committee of Adjustment
Where the uses of land, buildings or structures permitted in the By-law are
defined in general terms, the Committee of Adjustment may permit the use of
any land, buildings or structures for any purpose that, in the opinion of the
Committee, conforms to the uses permitted in this By-law.
1.15 Building Permits
Notwithstanding the provisions of the Ontario Building Code or the
Corporation's Building By-law or any other By-law of the Corporation, no
building permit shall be issued where the proposed building, structure, or use
would be in violation of any of the provisions of this By-law.
1.16 Inspection
(a)
Conditions of Entry:
Subject to clause (b) of this subsection, the By-law Enforcement
Officer, Chief Building Official, or any other authorized officer or
employee of the Corporation, is hereby authorized to enter, at all
reasonable hours, upon any property or premises for the purpose of
carrying out his duties under this By-law;
(b)
Restrictions for Entry of Dwelling:
Notwithstanding any provision of clause (a) of this subsection to the
contrary, no officer or employee of the Corporation shall enter any room
or place being used as a dwelling or part thereof without the consent of
the occupant except under the authority of a search warrant issued
pursuant to the Provincial Offences Act.
1.17 Litigation
This By-law does not affect the rights of any party in any action, litigation or
other proceeding pending on the date of the final passage thereof, except to
the extent to be determined in the final adjudication of such action, litigation or
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other proceedings.
1.18 Application for Building Permits
In addition to the requirements of the Building By-law, every application for a
building permit shall be in accordance with the Township's "Home Builders
Guide" as amended from time to time.
1.19 Metric Values and Imperial Conversions
This By-law has been prepared in metric with imperial conversion (rounded)
provided for information only. The metric value shall be utilized for any specific
provision or regulation contained in this By-law or as it may relate to another
provision or regulation contained in this By-law.
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Section 2 - Zone Classification
2.1
Zones
For the purposes of this By-law, the whole of the Township of
Alnwick/Haldimand is divided into various zones as named and described in
the following sections, the boundaries of which are shown on Schedules A1,
A2, A3, A4, A5, A6, A7, A8, which are attached to and form part of this By-law.
2.2
Zone Classification
For the purposes of this By-law, reference may be made to individual zones or
categories of zones as set out below:
Rural/Agricultural Zones
Zone Symbol
Rural Zone
RU
Agricultural Zone
A
Residential Zones
Rural Residential Zone
RR
Hamlet Residential Zone
HR
Shoreline Residential Zone
SR
Limited Service Residential Zone
LSR
Commercial Zones
General Commercial Zone
GC
Hamlet Commercial Zone
HC
Recreation Commercial Zone
RC
Industrial Zones
General Industrial Zone
MG
Extractive Industrial Zone
ME
Waste Disposal Industrial Zone
MD
Community/Open Space Zones
Community Facility Zone
CF
Open Space Zone
OS
Development Zone
D
Environmental Zones
Environmental Protection Zone
EP
Provincially Significant Wetland Zone
PSW
Environmentally Sensitive Areas Overlay Zone
ESA
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Oak Ridges Moraine Zones
Oak Ridges Moraine Environmental Zone
ORME
Oak Ridges Moraine Environmental Plan Review Zone
ORMEPR
Oak Ridges Moraine Core Zone
ORMC
Oak Ridges Moraine Linkage Zone
ORML
Oak Ridges Moraine Countryside Zone
ORMCO
Oak Ridges Moraine Mineral Extractive Zone
ORMME
2.3
Zone Symbols
The Symbols listed in Section 2.2 may be used to refer to buildings and
structures, the use of lots, buildings and structures permitted by this By-law in
the said zones, and whenever in this By-law the word "zone" is used, preceded
by any of the said symbols, such reference shall mean any area within the
Corporation within the scope of this By-law, delineated on a Schedule and
designated thereon by the said symbol.
2.4
Interpretation of Zone Boundaries
For the purpose of this By-law all land within the Township of
Alnwick/Haldimand is hereby divided into use zones as set out in Section 2.2
and Schedules A, B, B1, B2, B3, C and D and the zone boundaries are:
(a)
The centreline of any road, right-of-way or watercourse or a part of
any water body; or
(b)
The lot line as indicated on a registered plan of subdivision, or a
Township survey plan; except that,
(c)
In the absence of either of the above, the zone boundary is the
distance as scaled from the Zoning Schedule.
(d)
Notwithstanding the above, the boundary of the Oak Ridges
Moraine Conservation Plan Area shall be scaled from the attached
Schedules.
2.5
Road Allowances and Rights-of-Way
A road allowance, utility transmission right-of-way or watercourse is, unless
otherwise indicated, included within the zone of the adjoining property on either
side thereof, and where such road allowance, right-of-way or watercourse
serves as a boundary between two or more different zones, a line midway in
such road allowance, right-of-way or watercourse and extending in the general
direction of the long division thereof is considered the boundary between zones,
unless specifically indicated otherwise.
2.6
Road and Right-of-Way Closings
In the event a dedicated road or right-of-way shown on the map is closed, the
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property formerly in said road or right-of-way shall be included within the zone
of the adjoining property on either side of the said closed road or right-of-way
and the zone boundary shall be the former centre line of said road or right-of-
way.
2.7
Special Zones and Provisions
Where the zone symbol shown on certain lands on a Schedule is followed by a
dash and a number, for example, "RU-1", then special provisions apply to such
lands. Lands zoned in this manner shall be subject to all of the provisions of
the By-law except as otherwise provided by the special provisions of the
special zone.
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Section 3 - Definitions
PART 3A of this Section contains terms and definitions which shall apply throughout
the defined area of this By-law. PART 3B of this Section contains additional
terms and definitions which shall also apply within the area designated "Oak Ridges
Moraine Conservation Plan Area" on the Maps comprising Schedules B, B1, B2,
B3, C and D. Where there is any conflict between the definitions in Part 3B and
those in Part 3A, as they apply to the area designated "Oak Ridges Moraine
Conservation Plan Area" on the Maps comprising a part of this By-law, the definitions
in Part 3B shall prevail.
Part 3A - General
For the purpose of this By-law, the definitions and interpretations provided in this
section shall govern unless the context indicates otherwise.
Abattoir
Means a slaughter-house designed for the purpose of killing animals. skinning,
dressing and cutting up of carcasses, wrapping for sale for human consumption with
cooler and freezer storage, and may include indoor confinement of animals while
awaiting slaughter, but shall not include the manufacturing of meat by-products or any
process related to rendering plants such as the manufacture of tallow, grease, glue,
fertilizer, or any other inedible product. An abattoir may include the retail and
wholesale sale of products processed on the site.
Accessory Building or Structure
Means a detached building or structure the use of which is customarily incidental
and subordinate to a principal use, building or structure and located on the same lot
therewith.
Accessory Use
Means a use customarily incidental and subordinate to, and exclusively devoted to
the main use of the lot, building or structure and located on the same lot as such
main use.
Aggregate
Means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone,
marble, granite, rock or other material prescribed under the Aggregate Resources
Act.
Aggregate Processing Plant
Means equipment for the crushing, screening or washing of aggregate, but does not
include a concrete batching plant or an asphalt plant.
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Agriculture/Agricultural Use
Means the growing of crops, including nursery and horticultural crops; raising of
livestock; raising of other animals for food, fur or fiber, including poultry and fish;
aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-
farm buildings and structures. Cannabis production shall not be considered an
agricultural use.
Alter
Means, when used in reference to a building or part thereof, to change any one or
more of the internal or external dimensions of such building, or to change the type of
construction of the exterior walls or roof thereof. When used in reference to a lot, the
word "alter" means to decrease the width, depth, or area thereof or to decrease 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 public
highway or laneway, whether such alteration is made by conveyance of any portion of
said lot, or otherwise. The words "altered" and "alteration" shall have a corresponding
meaning.
Amusement Machine
Means any mechanical or electronic machine or device intended for use as a game,
entertainment or amusement offered for use by the public for profit or gain, and shall
include a pinball machine, billiard table, video game, shooting gallery, or other
similar device, but shall not include any device used only for the purpose of vending
merchandise or services or playing music.
Arena
Means a building, or part of a building, in which the principal facilities provided are
for such recreational activities as curling, skating, hockey, lacrosse, broomball, or
similar athletic activity, which facilities may include dressing rooms, concession
booths, bleachers, plant equipment for the making of artificial ice and such other
facilities as are normally considered incidental and subordinate hereto.
Asphalt Plant
Means a facility with equipment designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process.
Assembly Hall
Means a building, in which facilities are provided for such purposes as meetings for
civic, educational, political, religious or social purposes and shall include a banquet
hall, private club, auditorium, arena, gymnasium or other similar facility or use.
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 an
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adjacent building or buildings.
Attic
Means the portion of a building situated between the roof and the ceiling of the top
storey, which is not a one-half storey.
Auction Barn
Means any premises used predominantly as a livestock auction facility and may
include the auction of agriculturally related chattels on an incidental or accessory
basis only.
Auditorium
Means a tourist establishment designed to accommodate one group travelling
together in a detached building or in one of 2 such buildings which have a common
wall, in accordance with all regulations set out in this By-laweans a building,
structure or premises where facilities are provided for athletic, civic, educational,
political, religious or social events. This definition may include an arena,
community centre, gymnasium, stadium, theatre or similar use.
Bakery, Small-Scale
Means a building or structure used as a bakery which does not exceed 3,500 square
feet gross floor area for producing, mixing, compounding or baking bread, biscuits, ice
cream cones, cookies, cakes, pies, buns, or any other bakery product of which flour or
meal is the principal ingredient and does include a bake shop where any such product
is made for consumption on the premises.
Bake Shop
Means a shop where products of a bakery are sold or offered for sale by retail as well
as the consumption of such products on the premises is permitted.
Banquet Hall
Means a building or part thereof used for the gathering of groups of people for a
special function including the consumption of food and drink, and shall include full
kitchen facilities. A Banquet Hall shall not include a motel, a resort, or any other form
of tourist establishment.
Basement
Means one or more storeys of a building located below the first storey.
Basement, Walkout
Means that portion of a building which is partly underground, but which has more
than fifty percent of the finished floor area not greater than 0.6 metres (1.97 ft.)
below the adjacent finished grade level adjacent to the exterior walls of the building
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and which has a door, at or above the adjacent finished grade, for entrance and exit
directly to the outside.
Bed and Breakfast Establishment
Means a private dwelling in which a maximum of three (3) guest rooms are made
available for rent to the travelling or vacationing public, whether rented regularly,
seasonally or occasionally. Such establishment may offer meals to those persons
patronizing the establishment. A bed and breakfast establishment shall not include
an eating establishment, hotel, motel or any other form of tourist establishment.
Boarding, Lodging or Rooming House
Means a single detached dwelling house, containing not more than four guest rooms,
in which the proprietor supplies lodging, with or without meals, in return for monetary
compensation. For the purposes of this By-law a boarding or rooming house shall not
include a motel, motor hotel, hotel, bed and breakfast establishment, group home,
hospital or any other similar use defined or classified herein. A Boarding, Lodging or
Rooming House shall be permitted only by amendment to this By-law.
Boat Docking and Launching Facility
Means a structure used to take a boat into or out of a waterbody or watercourse or
to moor a boat. This definition shall include a boat launching ramp, boat lift or dock
but shall not include a boat house nor any building used for human habitation or any
boat servicing, repair or sales facility.
Boat House, Private
Means a detached accessory building, or structure which is designed or used for
the sheltering of a boat or other form of water transportation and may include
storage of household equipment incidental to the residential use permitted on the
lot but shall not include any areas for human habitation.
Building
Means a structure having a roof, supported by columns or walls or supported directly
on the foundation and used for the shelter or accommodation of persons, animals or
goods.
Building Area
Means the greatest horizontal area of a building above grade,
(a) within the outside surface of exterior walls, or
(b) within the outside surface of exterior walls and the centre line of firewalls.
Building By-law
Means a By-law passed by the Corporation pursuant to the
Ontario Building Code Act, and Regulations passed thereunder, as amended.
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Building Envelope
Means an area of a lot within which permitted buildings may be established as
determined by the required minimum yards and setbacks.
Building Permit
Means a building permit issued by the Chief Building Official of the Corporation of
the Township of Alnwick/Haldimand under the Building By- law.
Building Supply Outlet
Means a building or structure in which building or construction and home
improvement materials are offered or kept for sale at retail or wholesale and may
include the fabrication of certain related to home improvements and also includes a
lumber yard.
Bulk Fuel Storage Tank
Means a tank for the bulk storage of petroleum, gasoline, diesel or other fuels, oil,
gas, propane or flammable liquid or fluid but does not include a container for
flammable 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.
Bunkhouse
Means a building or structure that is used for the temporary housing five (5) or more
seasonal farm employees and is accessory to a farm operation, but shall not include a
dwelling. "Temporary" means that a bunkhouse shall not be used for permanent, year
round residential occupation.
Business, Professional or Administrative Office
Means a building or part of a building in which one or more persons are employed in
the management, direction or conducting of a business or where professionally
qualified persons and their staff serve clients or patients who seek advice,
consultation or treatment and for the purposes of this By-law may include the
administrative offices of a non-profit or charitable organization.
By-law
Means the Corporation of the Township of Alnwick/Haldimand
Comprehensive Zoning By-law.
By-law Enforcement Officer
Means an officer or employee of the Corporation of the Township of
Alnwick/Haldimand for the time being charged with the duty of enforcing the
provisions of this By-law of the Corporation.
Cabin, Private
Means a detached accessory building or structure, located on the same lot as the
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principal building or structure, the accessory use being for sleeping accommodation
in which sanitary facilities may be provided, but shall not contain cooking facilities. A
private cabin does not include a bunkhouse.
Camping Park
Means a tourist trailer park owned and operated by the Corporation or the County,
any local board of either the Corporation or the County, any Conservation Authority
established by the Government of Ontario, or any Ministry or Commission of the
Government of Ontario or Canada.
Camping Site
Means that part of a trailer park or camp which is intended to be occupied by a single
trailer, motor home, park model trailer, truck camper, camper or tent.
Cannabis Production Facility
Means a building or portion thereof used for growing, producing, packaging, testing,
destroying, storing or distribution on a wholesale basis of Cannabis or Marijuana and
authorized by a license issued by the federal Minister of Health. This use does not
include retail sales from a Provincially license cannabis/marijuana retail facility.
Carport
Means a portion of a dwelling house which is a roofed enclosure designed for the
storage or parking of a motor vehicle with at least 40 percent of the total perimeter,
which shall include the main wall of the dwelling house to which such carport is
attached, open and unobstructed.
Cartage or Transport Depot
Means a building, structure or place where trucks or tractor trailers are rented,
leased, kept for hire, or stored or parked for remuneration, or from which trucks or
transports, stored or parked on the property, are dispatched for hire as common
carriers, and which may include a bonded warehouse.
Cemetery
Means land that is set apart or used as a place for the interment of the dead within
the meaning of the Cemeteries Act, as amended. A cemetery may include such
accessory uses as mausoleums, crematoriums and columbariums.
Certificate of Occupancy
Means a certificate issued by the Chief Building Official for the occupancy of any land,
building, excavation or structure to the effect that the proposed use or activity
complies with this By-law.
Chief Building Official
Means the officer employed by the Corporation of the Township of
Alnwick/Haldimand as is appointed under the Building By-law and shall include any
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inspector likewise appointed.
Commercial Club
Means a building or part of a building where a club is operated for gain or profit
and may include facilities for physical fitness and recreation.
Commercial Kennel
Means a building or structure where more than three (3) dogs are kept or bred
on a commercial basis, but shall exclude the boarding of dogs.
Community Centre
Means any tract of land, or building or buildings or any part of any building used for
community recreational and/or social activities whether used for commercial
purposes or not, the control of which is vested in the Township, a local board or
agent thereof, including any building, structure or facility established as a Community
Recreation Centre within the meaning of the Community Recreation Centres Act.
Ancillary uses may include meeting rooms and a banquet hall and related kitchen
facilities.
Concrete Batching Plant
Means a building or structure designed to mix cementing materials, aggregate, water
and admixtures to produce concrete, and includes stockpiling and storage of bulk
materials used in the process, and which is of permanent construction.
Portable Concrete Batching Plant
Means a concrete batching plant which is not of permanent construction, but which is
designed to be dismantled at the completion of the construction project.
Condominium
Means the ownership of individual units in a multiple-unit building or multiple-unit
development, with common elements or the ownership of vacant land with common
elements, established under the provisions of the Condominium Act.
Conservation
Means the preservation, protection and improvement of the components of the
natural environment through comprehensive management and maintenance for both
the individual or public uses both in the present and in the future.
Conservation Authority
Means the Lower Trent Region Conservation Authority or the Ganaraska Region
Conservation Authority, corporate bodies established under the Conservation
Authorities Act, R.S.O. 1990.
Contractor or Tradesman's Yard
Means a yard of any building trade or contractor where equipment and material are
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stored or where a contractor performs shop or assembly work, but does not include
any other yard or establishment otherwise defined or classified herein. This definition
includes any building or shop situated on the same property.
Convenience Store
Means a retail commercial establishment supplying groceries and other daily
household conveniences to the immediate surrounding area.
Corporation
Means the Corporation of the Township of Alnwick/Haldimand.
Cottage, Housekeeping
Means one of a group of buildings in a tourist establishment designed for human
habitation and equipped with a kitchen, which has a common private piped water
supply with other such buildings in the group.
Cottage, Tourist
Means a building to accommodate one or more guests, which contains at least two
rooms, that is at least partially furnished and in which the guest is permitted to
prepare and cook food, but shall not include a seasonal dwelling as herein defined.
Council
Means the Municipal Council of the Corporation of the Township of
Alnwick/Haldimand.
County
Means the Corporation of the County of Northumberland.
County Road
Means a street or road under the jurisdiction of the Corporation of the County of
Northumberland.
Craft Shop
Means a building or part of a building where crafts, souvenirs and other similar
items are offered or kept for sale at retail to the general public.
Custom Workshop
Means a building or part of a building used by a trade, craft or guild for the
manufacture in small quantities of made to measure clothing or articles including the
sale of such products at retail, and, for the purpose of this By- law shall include
upholstering but does not include metal spinning, woodworking or furniture
manufacture.
Day Nursery
Means a facility operated for pre-school age children within the meaning of the
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Day Nurseries Act, as amended.
Development
Means the construction, erection or placing of one or more buildings or structures of
any kind on land or the making of an addition or alteration to a building or structure
which has the effect of increasing the size or usability thereof, and includes related
activities such as site alteration. For the purposes of this definition "site alteration"
means activities such as grading, excavation and the placement of fill that would
change the landform and natural vegetative characteristics of a site and includes the
laying out and establishment of a commercial parking lot. For the purposes of this
definition, "fill" means earth, sand, gravel, building materials, rubble, rubbish,
garbage, or any other material whether similar to or different from any of the
aforementioned materials, whether originating on the site or elsewhere, used or
capable of being used to raise, lower, or in any way affect or alter the contours of the
ground.
Drive-Through Facility
Means premises used to provide or dispense products or services, through an
attendant or a window or an automated machine, to persons remaining in vehicles
that are in a designated stacking aisle. A drive- through facility may be in
combination with other uses, such as a financial institution, eating establishment, or
take-out eating establishment. A drive-through facility does not include a vehicle
washing establishment or vehicle fuel station.
Dry Cleaning Establishment
Means a building or portion thereof where dry cleaning, dying, cleaning or pressing of
articles or goods of fabric is carried on.
Dry Cleaning or Laundry Outlet
Means a building or portion thereof used for the purpose of receiving and
distributing articles or goods or fabric to be subjected to the process of dry cleaning
or cleaning elsewhere, and shall not include a Dry Cleaning Establishment as
defined in this By-law.
Dwelling
Means a building or part thereof containing one or more dwelling units but does not
include a tent, tourist trailer, park model trailer, camper, mobile home, houseboat,
bunkhouse or a room or suite of rooms in a rooming house, hotel, motel, tourist home
or institution.
Dwelling, Accessory
Means a single detached dwelling where such dwelling is ancillary to a permitted
non-residential use and is occupied by the owner, operator, manager, caretaker, or
other similar person, and family, as are employed on the lot on which such dwelling
is located.
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Dwelling, Coach House
Means one (1) additional dwelling unit on a lot that is located within an accessory
building or structure.
Dwelling, Converted
Means a dwelling originally constructed as a single detached dwelling which has been
subsequently altered, converted or enlarged so as to provide therein a maximum of
two dwelling units.
Dwelling, Duplex
Means the whole of a dwelling that is divided horizontally into two separate dwelling
units, each of which has a separate independent entrance either directly from the
outside or through a common vestibule.
Dwelling, Modular
Means a single detached dwelling that is constructed by assembling manufactured
modular units each of which comprises at least one room or living area, and has been
manufactured to comply with CSA Standard A277, or equivalent standard in
accordance with the Ontario Building Code.
Dwelling, Multi-Unit
Means the whole of a dwelling that contains three or more dwelling units and each
dwelling unit has an independent entrance either from the outside or through a
common corridor.
Dwelling, Row
Means a series of three (3) to six (6) attached dwelling units under a common roof,
which may be staggered, with each dwelling unit being attached above and below
finished grade to another dwelling unit or units by a continuous fully attached
unpierced vertical party wall without openings from basement or cellar to roof, with
each dwelling unit having a separate, independent entrance directly from the
outside.
Dwelling, Secondary
Means a self-contained dwelling unit located within a single detached dwelling; or
dwelling unit located in a semi-detached, duplex, or townhouse dwelling; or dwelling
unit within a detached building or structure ancillary to a single detached, semi-
detached, duplex, or townhouse dwelling located on the same lot.
Dwelling, Seasonal
Means a single detached dwelling used for recreation purposes but not occupied
continuously or as a principal or permanent residence.
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Dwelling, Semi-Detached
Means two vertically attached dwelling units having a continuous, fully-attached
common masonry wall where the units overlay, above and below finished grade
connecting the two dwellings, each of which has a separate independent entrance
directly from outside.
Dwelling, Single Detached
Means a detached dwelling containing not more than one dwelling unit.
Dwelling Unit
Means a suite operated as a housekeeping unit, used or intended to be used as a
domicile by one or more persons and usually containing cooking, eating, living,
sleeping and sanitary facilities. The word "suite" in this definition means "a single
room or series of rooms of complementary use, and operated under a single
tenancy."
Dwelling Unit, Accessory
Means a dwelling unit located in a portion of a non-residential building, except as
noted herein, which is ancillary to a permitted non-residential use located on the
same property, and is occupied by the owner, operator, manager, caretaker, or other
similar person, as are employed in an activity permitted on the property. An
accessory dwelling unit for farm-related use may be located as a second-dwelling
unit within a farm-related dwelling.
Dwelling Unit, Apartment
Means a dwelling unit consisting of one (1) bathroom and three (3) or more habitable
rooms.
Dwelling Unit, Bachelor
Means a dwelling unit consisting of one bathroom and not more than two (2)
habitable rooms providing therein living, dining, sleeping and kitchen
accommodation in appropriate individual or combination room or rooms.
Dwelling Unit, Condominium
Means a dwelling unit in a building designated or described as a separate unit on a
Registered Condominium Plan registered pursuant to the Condominium Act and
intended for human habitation, and includes any interest in land pertaining to
ownership of a unit.
A Dwelling Unit Area
Means the habitable area contained within the inside walls, excluding the thickness of
the outside walls, of a dwelling unit, excluding any private garage, carport, porch,
veranda, cellar, the unfinished portion of any attic or basement or sunroom (unless
such sunroom is habitable in all seasons of the year); and, excluding public or
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common hall areas or stairways in dwelling houses containing more than one
dwelling unit.
Eating Establishment
Means a building or part of a building where food is offered for sale or sold to the
public for immediate consumption and includes a restaurant, dining room, 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 bed and breakfast establishment.
Eating Establishment, Take-Out
Means a building or part of a building designed, intended or used for the sale of food
and refreshments to the general public but which does not include any provision for
consumption of the food by the customer while in his vehicle, within the building or
elsewhere on the site.
Eave
Means a roof overhang, free of enclosing walls, without supporting columns.
Elderly Persons Centre
Means any facility intended primarily for the use of elderly persons for purposes
which include social, cultural, athletic or recreational activities, and shall include any
centre established under the Elderly Persons Centres Act.
Equipment Sales, Rental and Repair Establishment
Means a building or part of a building, structure or yard in which articles,
machinery and equipment, including heavy machinery and equipment, are
serviced or repaired and may be offered or kept for rent, lease or hire under
agreement for compensation.
Erect
Means setting up, building, constructing, reconstructing and relocating and,
without limiting the generality of the work, also includes:
(a)
any preliminary physical operation, such as excavating, filling or drainage;
(b)
altering any existing building or structure by an addition, enlargement,
extension, relocation or other structural change;
(c)
any work for the undertaking of which a building permit is required under
the Building By-law or the Building Code Act and Regulations, as amended;
and
(d)
erect, erected and erection shall have a corresponding meaning.
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Established Building Line
Means the average setback from the street line of existing buildings located on one
side of the street where three (3) or more of the lots having street access, and
located within 300 metres (984.25 ft.) of each other, have been built upon.
Existing
Means existing on the date of passing of this By-law. Where a Special Zone
provision refers to buildings or structures existing as of a specific date, then the word
"existing" in that Special Provision shall be deemed to mean that date.
Factory Outlet
Means a building or part of a building accessory to a permitted industrial use where
the products manufactured by that industry are kept for wholesale or retail sale.
Fairground
Means an outdoor area where a fair or other public events take place, which may
include amusement rides (carousel), games and other entertainment attractions, craft
sales, food vendors and farm gate sales.
Farm
Means land used for agriculture and includes a single detached dwelling and
buildings and structures, such as barns and silos, which are incidental to the
operation of the farm.
Farm Implement and Equipment Sales and Service Establishment
Means a building, structure or area where farm implements, equipment and farm
supplies are kept for sale at retail and may include facilities for the servicing of such
implements or equipment but shall not include any other establishment otherwise defined
or classified herein.
Farm Produce Retail Outlet
Means a building, or part of a building, in which farm produce, exclusive of meat or
poultry, is offered for sale at retail, but shall not include the sale of farm produce
which has been reprocessed nor shall it include a slaughter house.
Feed Mill
Means a full farm service centre including a feed manufacturing/processing plant,
grain elevators, grain or feed storage silos or bins, a retail farm supply store including
the sale of farm chemicals and storage tanks and equipment for handling liquid
nitrogen and fertilizers, gasoline and diesel fuel tanks to service the vehicles and
equipment of the operator.
Flea Market, Commercial
Means a building or open area in which stalls or sales areas are set aside for use by
various unrelated individuals to sell articles that are homemade, home-grown,
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handcrafted, old, obsolete, or antique and may include the selling of goods at retail
by businesses or individuals who are generally engaged in retail trade.
Flood Plain
Means the area, usually low land adjoining a watercourse, including Rice Lake and
Lake Ontario, which has been or may be covered by flood waters, as determined in
conjunction with the Conservation Authority.
Flood, Regulatory
Means the magnitude and intensity of the Hurricane Hazel storm for lands within the
jurisdiction of the Ganaraska Region Conservation Authority, and the Timmins
Regional Storm for lands within the jurisdiction of the Lower Trent Region
Conservation Authority.
Floor Area
Means the space on any storey of a building between exterior walls and required
firewalls, including the space occupied by interior walls and partitions, but not
including exits, vertical service spaces (i.e., spaces to facilitate the installation of
building services, including mechanical, electrical and plumbing installations,
elevators, etc.,) and their enclosing assemblies, and in the case of a dwelling, also
excluding any private garage, carport, veranda, and a sunroom (unless such sunroom
is habitable all year).
Floor Area, Gross
Means the total area of all floors above grade measured between the outside
surfaces of exterior walls or between the outside surfaces of exterior walls and the
centre line of firewalls, except that, in any other occupancy that a residential
occupancy, where an access or a building service penetrates a firewall,
measurements shall not be taken to the centre line of such firewall.
Food Supermarket
Means a building or part of a building wherein food and other household items are kept
for sale at retail to the general public and which operates on a self-service, cash and
carry basis.
Forestry
Means the management, development and cultivation of timber resources to ensure
the continuous production of wood or wood products, provision of proper
environmental conditions for wildlife, protection against floods and erosion,
protection and production of water supplies, and preservation of the recreation
resource.
Fraternal Lodge
Means a building or part of a building used for the purposes of a club, society or
association organized and operated on a non-profit basis exclusively for social
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welfare, civic improvement, pleasure or recreation or for any other similar purposes.
Funeral Home
Means a building or structure designed for the purpose of furnishing funeral
supplies and services to the public and includes facilities intended for the
preparation of the dead human body for interment or cremation.
Garage, Private
Means a detached accessory building or portion of a dwelling which is designed or
used for the sheltering of a private motor vehicle and storage of household equipment
incidental to the residential occupancy and which is fully enclosed and roofed. For
the purposes of this By-law a private garage excludes a carport or other open shelter.
Garden Nursery Sales and Supply Establishment
Means a building or part of a building and land adjacent thereto for growing or
displaying of flowers, fruits, vegetables, plants, shrubs, trees, or similar vegetation
which is sold to the public at retail and shall also include the sale of such goods,
products and equipment as are normally associated with gardening or landscaping.
Golf Course
Means a public or private area operated for the purpose of playing golf, inclusive of
club house facilities, but does not include driving ranges, miniature courses and
similar uses.
Grade, Finished
When referenced to a building or structure means the average elevation of the
ground immediately surrounding such building or structure but excluding any artificial
embankment or entrenchment and when used with reference to a street, road or
highway means the elevation of the street, road or highway.
Greenhouse, Commercial
Means a building or structure for the growing of flowers, fruits, vegetables, plants,
shrubs, trees and similar vegetation, which are not necessarily planted outdoors on
the same lot containing such greenhouse, and, which are sold directly from such lot
at wholesale or retail but shall not include a cannabis production facility.
Group Home
Means a single detached dwelling for the accommodation of three (3) to ten (10)
persons, exclusive of staff, living under supervision in a single housekeeping unit, and
who by reason of their emotional, mental, social or physical condition or legal status,
require a group living environment. A Group Home shall be licensed and/or approved
under Provincial or Federal statutes, and in compliance with municipal by-laws. A
Group Home shall not include a foster home.
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Guest
Means a person, other than a boarder, who contracts for accommodation and
includes all the members of the person's party.
Guest Room
Means a room or suite of rooms used or maintained for the accommodation of an
individual or individuals to whom hospitality is extended for compensation.
Habitable Room
Means a room designed for living, sleeping, eating or food preparation, including a
den, library, sewing-room or enclosed sunrooms but not including any space in a
dwelling used as a lobby, hallway, closet, or bathroom or any room having floor
space of less than 4.6 m² (49.52 ft.²).
Hazardous Lands
Means property or lands that could be unsafe for development due to naturally
occurring processes. Along the shorelines of the Great Lakes-St. Lawrence River
System (including the shoreline of Lake Ontario), this means the land, including that
covered by water, between the international boundary, where applicable, and the
furthest inland limit of the flooding hazard, erosion hazard or dynamic beach hazard
limits. Along the shoreline of large inland lakes, this means the land, including that
covered by water, between a defined offshore distance or depth and the furthest
landward limit of the flooding hazard, erosion hazard, or dynamic beach hazard limits.
Along river, stream and small inland lake systems, this means the land, including that
covered by water, to the furthest landward limit of the flooding hazard or erosion
hazard limits.
Definitions of terms used in Section 3.99 shall be as outlined in the Provincial Policy
Statement (2005) issued under Section 3 of the Planning Act, R.S.O. 1990,
c. P.13, as amended.
Height and Height of Building
Means the vertical distance, measured between the average finished grade
around the perimeter of the building, and:
(a)
in the case of a flat roof, the highest point of the roof surface;
(b) in the case of a mansard roof, the deck roof line; and
(c)
in the case of a gable, hip or gambrel roof, the average height between the eaves
and ridge.
Accessory roof fixtures and facilities, such as chimneys, towers, steeples or television
antennas, shall be disregarded in calculating the height of a building.
Highway
Means a highway within the meaning of the Municipal Act, as amended,
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and the Highway Traffic Act, as amended.
Hobby Farm
Means an agricultural use as defined in this By-law which is carried out on a
parcel of land which is 4.9 ha or less in size.
Home For The Aged
Means a home for the aged within the meaning of the
Homes for the Aged and Rest Homes Act, as amended.
Home Industry
Means a small-scale commercial or industrial establishment that operates entirely
within a separate accessory building on the same lot as the home of the proprietor.
Home industries include uses such as a carpentry/woodworking shop, a craft shop, a
metal/welding shop, an electrical shop, a plumbing shop, small engine repair, a
landscaping or landscape contracting business, a nursery greenhouse, a siding/roof
installer, a sign-making shop, a taxidermy shop, an appliance repair outlet, a tack
shop, a brick layer/masonry operation, a firewood cutting yard, a boat/trailer/R.V.
storage facility, and a bus-truck parking and maintenance facility.
Home Occupation
Means an occupation or business conducted for gain or profit entirely within a
dwelling or dwelling unit by a person residing therein. Home occupations include
uses such as an office for a professional or trades person, an art or photographic
studio, a craft shop, a work room for a dressmaker or seamstress, a hairstylist, an art
or music teacher, or a similar activity. A home occupation shall include a private-
home day care operation in a dwelling or dwelling unit that does not require a license
under the Day Nurseries Act.
Hospice Care Centre
Means a building or part thereof used to provide a combination of active and
compassionate programs intended to provide support and enhance the comfort,
dignity and quality of life of individuals and their families who are living with or dying
from advanced illness or are bereaved.
Hospital
Means any institution, building or other premises established for the treatment of
persons afflicted with or suffering from sickness, disease or injury, for the treatment
of convalescent or chronically ill persons that is approved under the Public Hospitals
Act as a public hospital.
Hotel
Means a tourist establishment containing five or more guest rooms served by a
common building entrance. Accessory uses may include accommodation for
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permanent staff, dining rooms, beverage rooms, meeting rooms or similar uses.
Industrial Facility
Means a facility or activity relating to: the assemblage and/or storage of
substances/goods, raw materials; their processing and/or manufacturing; and/or the
packaging and shipping of finished products. Industrial facilities are further defined
as being either Class I, II or III.
Class I Industrial Facility
Means a place of business for a small scale, self-contained plant or building which
produces/stores a product that is contained in a package and has low probability of
fugitive emissions. Outputs are infrequent, and could be point source or fugitive
emissions for noise, odour, dust and/or vibration. There are daytime operations only,
with infrequent movement of products and/or heavy trucks and no outside storage.
Class II Industrial Facility
Means a place of business for medium scale processing and manufacturing with
outdoor storage of wastes or materials (i.e., it has an open process) and/or there are
periodic outputs of minor annoyance. There are occasional outputs of either point
source or fugitive emissions for noise, odour, dust and/or vibration, and low
probability of fugitive emissions. Shift operations are permitted and there is frequent
movement of products and/or heavy trucks during daytime hours.
Class III Industrial Facility
Means a place of business for large scale manufacturing or processing, characterized
by large physical size, outside storage of raw and finished products, large production
volumes and continuous movement of products and employees during daily shift
operations. It has frequent outputs of major annoyance and there is high probability
of fugitive emissions.
Landscaped Open Space
Means the open unobstructed space from ground to sky at finished grade on a lot
accessible by walking from the street on which the lot is located and which is suitable
for the growth and maintenance of grass, flowers, shrubs and other landscaping and
includes any surfaced walk, patio or similar area but does not include any driveway
or ramp, whether surfaced or not, any curb retaining wall, parking area of any open
space beneath or within any building or structure.
Lane
Means a public thoroughfare which affords only a secondary means of access to
abutting lots and which is not intended for general traffic circulation.
Laundromat
Means a building or structure or part thereof where self-service or coin-operated
laundry machines, using only water, detergents and additives, are made available to
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the public for the purpose of laundry cleaning. This definition does not include dry-
cleaning, dyeing or pressing.
Laundry Establishment
Means a building or structure used for the purpose of collection, distribution and
cleaning of articles or goods of fabric in which only water and detergents can be
used.
Library
Means a public library within the meaning of the Public Libraries Act, as amended.
Liquor Licenced Premises
Means any building, structure or premises licensed under the Liquor License
Board of Ontario.
Livestock
Means beef, dairy, swine, poultry, horses, goats, sheep, ratites, fur- bearing animals,
deer and elk, game animals, birds, and other animals identified in Table 1 of the
Minimum Distance Separation - Implementation Guidelines (contained in Schedule
"C" of this By-law).
Livestock Facility
Means one or more barns or permanent structures with livestock-occupied portions,
intended for keeping or housing livestock. A livestock facility also includes all
manure or material storages and anaerobic digesters.
Loading Space
Means an off-street space on the same lot as the building or contiguous to a group of
buildings for the temporary parking of a commercial vehicle, while loading or
unloading merchandise or materials, which space abuts a street, lane, road, highway
or other appropriate means of access.
Lodge
Means a tourist establishment containing five or more guest rooms served by a
common building entrance or with separate entrances directly from outside the
building. Accessory uses may include rental cabins or rental cottages,
accommodations for permanent staff, dining rooms, beverage rooms, meeting rooms,
recreational facilities and similar uses.
Lot
Means a parcel or tract of land that is registered as a legally conveyable parcel of
land in the applicable Land Registry Office.
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Lot Area
Means the total horizontal area bounded by the lot lines of a lot, excluding the
horizontal area of such lot covered by water or marsh. In the case of corner lots
having a road line rounding at the corner of a radius of 6.1 metres (20 ft.) or less the
lot area of such lot shall be calculated as if the lot lines were produced to their point of
intersection.
Lot, Corner
Means a lot situated at the intersection of two streets, of which two adjacent sides,
that abut the intersecting streets, contain an angle of not more than one hundred and
thirty-five (135) degrees; where such adjacent sides are curved, the angle of
intersection of the adjacent sides shall be deemed to be the angle formed by the
intersection of the tangents to the street lines, drawn through the extremities of the
interior lot lines, provided that in the latter case, the corner of the lot shall be deemed
to be that point on the street line nearest to the point of intersection of the said
tangents.
Lot Coverage
Means that percentage of the lot area covered by buildings and structures above
ground level and excludes that portion of such lot area which is occupied by a
building or portion thereof which is completely below ground level. Lot coverage shall
not include balconies, canopies and overhanging eaves, provided none of the
foregoing is less than 2.5 metres (8.2 feet) above the finished grade.
Lot Depth
Means the horizontal distance between the front and rear lot lines. If the front and
rear lot lines are not parallel, "lot depth" shall mean the length of a straight line joining
the middle of the front lot line with the middle of the rear lot line. When there is no
rear lot line, "lot depth" shall mean the length of a straight line joining the middle of the
front lot line with the apex of the triangle formed by the side lot lines.
Lot Frontage
Means the horizontal distance between parallel side lot lines measured along a
straight front lot line. Where the front lot line is not a straight line or where the side lot
lines are not parallel, the lot frontage shall be measured perpendicular to a line
joining the mid-points of the front and rear lot lines measured back from the front lot
line a distance equivalent to the minimum front yard depth as specified in this By-law.
In the case where there is no rear lot line, the lot frontage shall be measured by a line
perpendicular to the line joining the mid-point of the front lot line to the apex of the
triangle formed by the side lot lines. In the case of a standard waterfront lot, the lot
frontage shall be the horizontal distance between the two most widely separated
points on any one shoreline of a lot unless the standard waterfront lot abuts a public
street in which case the lot frontage shall be deemed to be along the public street. In
the case of a through waterfront lot the lot frontage shall be measured in the same
way as a standard waterfront lot unless the through waterfront lot abuts a public
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street in which case the lot frontage shall be deemed to be along the public street.
Shoreline Frontage
Means the horizontal distance between the two most widely separated points on any
one shoreline of a lot.
Lot, Interior
Means a lot other than a corner lot.
Lot Line
Means any boundary of a lot or the vertical projection thereof.
Lot Line, Front
Means in the case of an interior lot, the line dividing the lot from the street. In the
case of a corner lot, the shorter lot line abutting a street or private right-of-way shall
be deemed the front lot line and the longer lot line abutting a street shall be deemed
an exterior side lot line. In the case of a through lot, the lot line where the principal
access to the lot is provided shall be deemed to be the front lot line. In the case of a
lot fronting on a navigable waterway, the shorter lot line directly adjacent to the
navigable waterway.
Lot Line, Rear
Means, in the case of a lot having four or more lot lines, the lot line farthest from
and opposite to the front lot line. If a lot has less than four lot lines, there shall
deemed to be no rear lot line.
Lot Line, Side
Means a lot line other than a front or rear lot line.
Lot, Standard Waterfront
Means a lot that may or may not have street access, but has water access on one
shoreline only on a navigable waterway.
Lot, Through
Means a lot bounded on two opposite sides by streets.
Lot, Through Waterfront
Means a lot that may or may not have street access, but has water access on one
or more shoreline of a navigable waterway.
Maintenance Depot, Municipal, District or Provincial
Means any land, building or structure owned by the Corporation of the Township of
Alnwick/Haldimand, the County of Northumberland or the Province of Ontario used for
the storage, maintenance or repair of equipment, machinery or motor vehicles used in
connection with civic works and shall include a public works yard.
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Manufacturing, Processing, Assembling or Fabricating Plant
Means a plant in which the process of producing any product, by hand or
mechanical power and machinery, is carried on systematically with division of
labour.
Marina
Means a building, structure or place, containing docking facilities and located on a
navigable waterway, where boats and boat accessories are stored, serviced,
repaired or kept for sale and where facilities for the sale of marine fuels and
lubricants may be provided.
Marine Dealer
Means any building, lot or structure where boats and marine equipment is kept for
sale at retail and may include the servicing of boats and marine equipment.
Marine Facility
Means an accessory building or structure which is used to take a boat into or out of a
water body, to moor, to berth or to store a boat. This definition may include a boat
launching ramp, boat lift, dock or boathouse, but shall not include any building used
for human habitation or any boat service, repair or sales facility.
Medical or Dental Clinic
Means a building where members of the medical profession, dentists, chiropractors,
osteopaths, optometrists, physicians or occupational therapists, either singularly or in
union, provide diagnosis and treatment to the general public without overnight
accommodation and shall include such uses as reception areas, offices for
consultation, x-ray and minor operating rooms, a pharmaceutical dispensary and a
coffee shop, provided that all such uses have access only from the interior of the
building.
Mobile Canteen
Means any vehicle, whether mechanically propelled, or otherwise, from which food
refreshments or merchandise is sold, or offered for sale to the public.
Mobile Home
Means any dwelling that is designed to be made mobile, and constructed or
manufactured to provide a permanent residence for one or more persons, but
does not include a travel trailer or tent trailer.
Mobile Home Park
Means the land on which one or more occupied mobile homes are located, and
includes the rental units and the land, structures, services and facilities of which the
landlord retains possession and that are intended for the common use and
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enjoyment of the tenants of the landlord.
Motel
Means an establishment which consists of one or more than one building containing
more than one rental unit for the purpose of catering to the travelling public, to whom
the motor vehicle is the principal means of transportation, by furnishing sleeping
accommodation with or without meals, may include permanent staff accommodation
and may or may not be licensed under the Liquor License Act.
Motor Home
Means a self-propelled vehicle designed for the temporary living, sleeping or eating
accommodation of persons including a truck camper.
Motor Vehicle
Means a motor vehicle within the meaning of the Highway Traffic Act, as
amended.
Motor Vehicle, Commercial
Means a commercial motor vehicle within the meaning of the Highway Traffic Act,
as amended.
Motor Vehicle, Derelict
Means a motor vehicle within the meaning of the Highway Traffic Act, as amended,
whether or not same is intended for use as a private passenger motor vehicle or
not, which is inoperable and has no market value as a means of transportation or
has a market value as a means of transportation that is less than the cost of repairs
required to render the said motor vehicle operable.
Motor Vehicle, Snow
Means a motorized snow vehicle within the meaning of the Motorized Snow Vehicle
Act, as amended.
Motor Vehicle Body Shop
Means a building or structure used for the painting or repairing of motor vehicle
bodies, exterior and undercarriage, and in conjunction with which there may be a
towing service and motor vehicle rentals for customers while the motor vehicle is
under repair, but shall not include a salvage yard operation or any other
establishment otherwise defined or classified in this By-law.
Motor Vehicle Dealership
Means a building or structure where a licensed dealer displays new or used motor
vehicles for sale or rent in conjunction with which there may be a motor vehicle repair
garage, a motor vehicle service station, a motor vehicle gasoline bar or a motor
vehicle body shop.
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Motor Vehicle Fuel Establishment
Means one or more pump islands, each consisting of one or more fuel pumps, and a
shelter having a floor area of not more than 9 m², and may include facilities for the
refilling of propane tanks and the changing of oil, greasing and lubricating of motor
vehicles, including the sale of accessories, antifreeze and additives.
Motor Vehicle Rental Establishment
Means a building or structure where motor vehicles are kept for rent, lease or hire
under agreement for compensation.
Motor Vehicle Repair Garage
Means a building or structure where the services performed or executed on motor
vehicles for completion shall include the installation of exhaust systems, repair of the
electrical systems, transmission repair, brake repair, radiator repair, tire repair and
installation, rust-proofing, motor vehicle diagnostic centre, major and minor
mechanical repairs or similar uses and in conjunction with which there may be a
towing service, a motor vehicle service station and motor vehicle rentals for the
convenience of the customer while the motor vehicle is being repaired.
Motor Vehicle Service Centre
Means a building or structure to accommodate the travelling public by providing an
eating establishment and supplying fuel, grease and oil and in conjunction may
include a motor vehicle fuel establishment, motor vehicle service station and a motor
vehicle repair garage.
Motor Vehicle Service Station
Means a building where gasoline, propane, oil, grease, antifreeze, tires, tubes, tire
accessories, electric light bulbs, spark plugs, batteries and automotive accessories
for motor vehicles, or similar automotive products are stored or kept for sale to the
general public, or where motor vehicles may be oiled, greased or washed, or have
their ignition adjusted, tires inflated or batteries charged, or where only minor
mechanical or running repairs essential to the actual operation of motor vehicles
are executed or performed.
Motor Vehicle Wash
Means a building or structure containing facilities for washing motor vehicles for
profit or gain either using production line methods and mechanical devices or by a
self-service operation, and for the purpose of this By- law may include a motor
vehicle fuel establishment.
Museum
Means a depository, open to the public, which acquires, conserves, researches,
communicates and exhibits, for purposes of study, education, enjoyment, objects
having scientific, cultural, historical or artistic value.
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Natural Heritage Features and Areas
Means features and areas, including significant wetlands, significant coastal
wetlands, fish habitat, significant woodlands south and east of the Canadian Shield,
significant valley lands south and east of the Canadian Shield, significant habitat of
endangered species and threatened species, significant wildlife habitat, and
significant areas of natural and scientific interest, which are important for their
environmental and social values as a legacy of the natural landscapes of an area.
Definitions of terms used in Section 3.157 shall be as outlined in the Provincial Policy
Statement (2005) issued under Section 3 of the Planning Act, R.S.O. 1990,
c. P.13, as amended.
Non-Complying Use
Means an existing use which is a permitted use in the zone in which the said use is
situated, but which does not meet the standards set for some other provision or
regulation required by this By-law such as minimum frontage, depth, area, setbacks,
etc.
Non-Conforming Use
Means an existing use which is not a permitted use in the zone in which the said use
is situated.
Noxious
Means, when used with reference to any use or activity in respect of any land,
building or structure or a use or activity which, from its nature or from the manner of
carrying on same, creates or is liable to create, by reason of destructive gas or fumes,
dust, objectionable odour, noise or vibration or unsightly storage of goods, wares,
merchandise, salvage, machinery parts, junk waste or other materials, a condition
which may become hazardous or injurious in regards to health or safety or which
prejudices the character of the surrounding area or interferes with or may interfere
with the normal enjoyment of any use or activity in respect of any land, building or
structure.
Nursing Home
Means any premises maintained and operated for persons requiring nursing
care, which is licensed under the Nursing Homes Act, as amended.
Outside Display and Sale
Means the outdoors display and sale of goods or merchandise as an accessory
activity to a permitted use that is carried out within a building on the same lot, and
which shall not extend onto any adjoining lot.
Outside Storage
Means an accessory storage area outside of the principal or main building on the lot.
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Park, Private
Means any open space area other than a public park which is owned, operated and
maintained in whole or in part for profit on a commercial or private member basis and
which may include therein one or more of the following facilities and activities:
swimming, wading, boating facilities, picnic areas, cross country and downhill ski
areas, facilities for the serving of meals and the retail sale of sports equipment or
provision of accessory health and fitness facilities, but for the purpose of this by-law
shall not include trailer park or camp.
Park, Public
Means any open space area, owned or controlled by the Corporation or by any
Board, Commission or other Authority established under any statute of the Province
of Ontario or Government of Canada and may include therein neighborhood,
community, regional and special parks or areas and may include one or more athletic
fields, field houses, bleachers, swimming pools, greenhouses, botanical gardens,
zoological gardens, bandstands, skating rinks, tennis courts, bowling greens,
refreshment rooms, fair grounds, golf courses, or similar uses including accessory
buildings, but for the purpose of this By-law shall not include a trailer park or camp.
Park Model Trailer
Means a recreational unit which is built on a single chassis mounted on wheels,
designed to facilitate relocation from time to time, is designed as living quarters for
seasonal camping and may be connected to those utilities necessary for operation of
installed fixtures and appliances, and it has a gross floor area, including lofts not
exceeding 50 m² (538.21 ft.²) when in the set up mode, and having a width no greater
than 2.6 metres (8.5 ft.) in the transit mode.
Parking Angle
Means the angle which is equal to or less than a right angle, formed by the
intersection of the side of the parking space and line parallel to the aisle.
Parking Area
Means an area provided for the parking of motor vehicles and may include aisles,
parking spaces, pedestrian walkways, and related ingress and egress lanes, but
shall not include any part of a public street.
Parking Lot
Means any parking area other than a parking area accessory to a permitted use.
Parking Space
Means an area, exclusive of any aisles, ingress or egress lanes, for the parking
or storage of motor vehicles and may include a private garage.
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Person
Means any human being, association, firm, partnership, incorporated company,
corporation, agent or trustee and the heirs, executors or other legal
representatives of a person to whom the context can apply according to law.
Pit
Means land or land under water from which unconsolidated aggregate including
gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble,
granite, rock, or other material prescribed under the Aggregate Resources Act, is
being or has been excavated, and that has not been rehabilitated, but does not mean
land or land under water excavated for a building or structure on the excavation site.
A pit does not include a wayside pit as defined in this By-law.
Pit or Quarry, Wayside
Means a temporary pit or quarry opened under the authority of a wayside permit
issued under the Aggregate Resources Act and used by or for a public authority
solely for the purposes of a particular project or contract of road construction, and not
located on the road right-of-way.
Place of Entertainment
Means a motion picture or other theatre, public hall, billiard or pool room, a bowling
alley, ice or roller skating rink, dance hall or music hall or any similar use intended
for entertainment functions.
Place of Worship
Means a building dedicated to religious worship and includes a church, synagogue
or assembly hall and may include such accessory uses as a nursery school, a
school of religious education, convent, monastery or parish hall.
Planting Screen
Means a continuous hedgerow of evergreen trees or shrubs, not less than 1.5 metres
(4.92 ft.) in height, immediately adjacent to the lot line or portion thereof along which
such planting screen is required herein.
Portable Asphalt Plant
Means a facility with equipment designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process and which is not of
permanent construction, but is designed to be dismantled and moved to another
location as required.
Portable Concrete Batching Plant
See "Concrete Batching Plant"
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Portable Processing Plant
Means equipment for the crushing, screening or washing of sand and gravel
aggregate materials, but does not include a concrete batching plant or an asphalt
plant, which equipment is capable of being readily drawn or readily propelled by a
motor vehicle and which equipment is not considered permanently affixed to the site.
Post Office
Means a building or structure or part thereof, used for the sale of postal products
and/or the distribution, collection and sorting of mail.
Postal Outlet
Means a building or structure or part thereof authorized by Canada Post to provide
over-the-counter postal services and agency services to the public.
Principal or Main Building
Means the building in which is carried on the principal purpose for which the lot is
used.
Private Club
Means a building or part of a building used for the purposes of a non-profit, non-
commercial organization which includes social, cultural, athletic or recreational
activities.
Private Home Daycare
Means the temporary care for compensation of five (5) children or less who are under
ten (10) years of age, where such care is provided in a private residence, other than
the home of a parent or guardian of any such child, for a continuous period not
exceeding twenty-four (24) hours. Private home day care shall not include a Day
Nursery as defined in the By-law.
Provincial Highway
Means a street or road under the jurisdiction of the Province of Ontario.
Public Authority
Means Federal, Provincial, County or Municipal agencies, and includes any
commission, board, authority or department established by such agency.
Public Works Yard
See "Maintenance Depot"
Quarry
Means land or land under water from which consolidated aggregate is being or has
been excavated, and that has not been rehabilitated, but does not mean land or land
under water excavated for a building or structure on the excavation site. A quarry
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does not include a wayside quarry as defined in this By- law.
Recreational Use, Active
Means a recreational use or activity with buildings or which requires alterations
of soil or topography and includes such activities as golf courses, playing fields,
trailer parks, campgrounds and conservation areas involving built structures.
Recreational Use, Passive
Means an activity or use of land carried out for recreational purposes which does not
require the construction of buildings or the alteration of soil or topography and
includes open space and environmental areas.
Recreational Establishment
Means a billiard or pool hall, bowling alley, curling or skating rink or similar use.
Recreational Vehicle Dealership
Means a building or structure where a licensed dealer displays new recreational
vehicles, including motorcycles, all-terrain vehicles and snowmobiles, for sale or rent
in conjunction with which there may be a recreational vehicle repair garage and
gasoline bar.
Recycling Facility
Means enclosed or unenclosed premises for the collection, composting, sorting,
processing, or temporary storage of recyclable materials such as glass, tins,
paper, plastic and other non-hazardous recyclable materials but does not include
unlicensed motor vehicles, trees, tires, metal, salvage, liquids or hazardous
wastes.
Rental Cabin or Rental Cottage Establishment
Means a tourist establishment designed to accommodate one group travelling
together in a detached building or in one of 2 such buildings which have a
common wall, in accordance with all regulations set out in this By-law.
Repair
Means the provision of such facilities and the making of additions or alterations or
the taking of such actions as may be required so that the property shall be in good
condition. "Repair" shall be synonymous with the terms "reconstruct" and
"renovate".
Resort
Means a tourist establishment that operates throughout all or part of the year and
that has facilities for serving meals and furnishing equipment, supplies or services to
persons in connection with recreational purposes.
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Retail Commercial Establishment
Means a building, or part of a building, in which goods, wares, merchandise,
substances, articles or services are offered or kept for sale at retail or on a rental
basis.
Riding School or Boarding Stable
Means an area of land or buildings which is/are used as an education centre for
horse training, handling, care or for the lodging of horses. It may include accessory
buildings for human habitation.
Right-of-Way, Private
Means a private road which affords access to abutting lots and does not include a
lane, street, road or highway as herein defined.
Salvage Yard
Means a place where goods, wares, merchandise, articles or things are processed
for further use and where such goods, wares, merchandise, articles or things are
stored wholly or partly in the open. This definition may include a junk yard, a scrap
metal yard and a motor vehicle wrecking yard or premises. A Salvage Yard shall
not include an establishment where the principal or main use of a lot is the storage
and/or recycling of use vehicle tires.
Sanitary Landfill Site
See "Waste Disposal Area"
Sanitary Sewer
Means an adequate system of underground conduits, operated either by the
Corporation or by the Ministry of the Environment Conservation and Parks (MOECP),
which carries sewage to an adequate place of treatment which meets with the
approval of the Ministry of the Environment Conservation and Parks (MOECP).
Satellite Dish
Means a device designed to receive communication signals from a satellite.
Saw and/or Planing Mill
Means a building, structure or area where timber is cut, sawed or planed, either to
finished lumber, or as an intermediary step and may include facilities for the kiln
drying of lumber and may or may not include the distribution of such products on a
wholesale or retail basis.
School, Public
Means a school under the jurisdiction of a Board as defined by the Ministry of
Education.
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Seasonal Camp
Means an establishment that is owned and operated by a private club or
organization for the boarding and lodging of children during the summer months
only, and may include such activities as boating, riding and archery.
Sensitive Land Use
Means a building, amenity area or outdoor space where routine or normal activities
occurring at reasonably expected times would experience one or more adverse
effect(s) such as noise, vibration, odours and other air emissions, litter, dust and
other particulates, and other contaminants, generated by a nearby industrial facility
or land use. The sensitive land use may be a part of the natural or built
environment. Depending upon the particular facility or land use involved, a sensitive
land use and associated activities may include, but are not limited to, one or a
combination of:
(a)
residences, uses or facilities where people sleep, for example, dwellings,
nursing homes, hospitals, trailer parks, camp grounds, mobile home parks,
etc. These uses are considered to be sensitive 24 hours/day;
(b)
permanent institutional uses such as schools, churches, municipal offices,
libraries, community centres, and day care centres); and
(c)
community and neighborhood parks and playgrounds.
Service Shop
Means a building or part of a building for the servicing or repairing of articles, goods
or materials other than heavy machinery or equipment, or motor vehicles.
Service Shop, Personal
Means a building or part of a building in which persons are employed in furnishing
services and otherwise administering to the individual and personal needs of
persons, such as a barber's shop, hairdressing establishment or other similar
services.
Setback
Means the horizontal distance from the property line, measured at right angles to
such property line, to the nearest part of any building or structure on the lot; not
withstanding setback requirements to street centreline shall be as discussed in
Section 4.28 of this By-law.
Sewage Treatment Facility
Means a building or structure approved by the Ministry of Environment and Climate
Change (MOECC), where domestic and/or industrial waste is treated.
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Shipping Container
Means any container that was used for the transport of goods by means of rail, truck
or by sea that is strong enough to be suitable for the repeated use and includes but
is not limited to inter-modal Shipping Containers, the body of a transport trailer or a
straight truck box.
Shopping Centre
Means a group of commercial uses, which has been designed, developed and
managed as a unit by a single owner or tenant, or a group of owners or tenants,
as distinguished from a business area comprising unrelated individual uses.
Sight Triangle
Means the triangular space formed on a corner lot by the street lines and a line drawn
from a point in one street line to a point in the other street line, each such point being
9 metres (29.53 ft.) measured along the street line from the point of intersection of the
street lines. Where the two street lines do not intersect at a point, the point of
intersection of the street lines shall be deemed to be the intersection of the projection
of the street lines or the intersection of the tangents to the street lines. This definition
shall also include the sight triangle formed on a corner lot at the intersection of a rail
line and a street.
Sign
Means any identification, description, illustration or device illuminated or non-
illuminated including any supporting structure that is visible from any public place or
located on private property and exposed to the public which directs attention to a
product, service, place, activity, person, institution, business or solicitation. Without
limiting the generality of the foregoing, a sign includes any permanently installed or
situated merchandise; or any emblem, painting, banner, pennant, placard or
temporary sign designed to advertise, identify or convey information, but sign does
not include window displays and flags or emblems of patriotic, civic, educational,
religious organizations or private clubs.
Storey
Means the portion of a building that is situated between the top of any floor and the
top of the next floor above it, or that is situated between the top of the floor and the
ceiling above the floor, if there is no floor above it.
Storey, First
Means the lowest storey of a building closest to finished grade having its ceiling
1.8 metres (5.9 ft.) or more above average finished grade.
Storey, One-Half
Means that portion of a building situated wholly or in part within the roof and having
its floor level not lower than 1.2 metres (3.94 ft.) below the line where roof and outer
wall meet and in which there is sufficient space to provide a distance between
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finished floor and finished ceiling of at least 2.0 metres (6.56 ft.) over a floor area
equal to at least 50 percent of the area of the floor next below.
Storm Sewer
Means a sewer which carries storm sewage or surface runoff but excludes any
sanitary sewer or any combination of sanitary sewers and storm sewers.
Street or Road
Means a public highway as defined by the Municipal Act, as amended, and the
Highway Traffic Act, as amended, which affords the principal means of access to
abutting lots and does not include a lane or private right-of-way as defined in this By-
law.
Street or Road, Improved Public
Means a public street, road or highway under the jurisdiction of the Province of
Ontario, the County, or the Corporation, which is constructed to current design
standards of the Province, County or Corporation, and which is maintained so as to
allow normal vehicular access to adjacent properties throughout all seasons of the
year.
Street Line
Means the limit of the street or road allowance and is the dividing line between a lot
or block and street or road.
Structure
Means anything that is erected, built or constructed or parts joined together, the use
of which requires location on the ground, or attached to something having location on
the ground but does not include a sign, tourist trailer, or mobile home.
Tillable Hectares
Means the total area of land, including pasture that can be worked or cultivated to
grow crops.
Tourist Establishment
Means a building, area or facilities designed or used for the accommodation of the
travelling or vacationing public, and shall include a lodge, resort, hotel, motel, and a
rental cabin or rental cottage establishment, but shall not include a trailer park or
camp.
Tourist Trailer
Means any portable living unit having no permanent foundation and supported by
wheels, jacks or similar supports, used or so constructed as to permit its being
used as a conveyance upon public streets or highways and duly licensable as
such, and designed and constructed to permit occupancy for temporary living,
eating and sleeping accommodation of persons therein, and shall be deemed to
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include a tent and shall not be occupied continuously or as a principle residence.
This definition does not include appurtenances to a trailer or park model trailer or
land-based vehicles originally designed, used or intended for water use.
Tourist Vehicle
Means any self-propelled vehicle including a bus, motor home, truck or van, which
is equipped for the temporary living, sleeping or eating accommodation of persons.
For the purposes of this By-law, "Tourist Vehicle" shall include a Tourist Trailer.
Township Street or Road
Means a street or road under the jurisdiction of the Corporation of the Township of
Alnwick/Haldimand.
Trailer
Means a vehicle that is at any time drawn upon a highway by a motor vehicle, except
an implement of husbandry, another motor vehicle or any device or apparatus not
designed to transport persons or property, temporarily drawn, propelled or moved
upon such highway, and except a side car attached to a motorcycle, and shall be
considered a separate vehicle and not part of the motor vehicle by which it is drawn,
and, for the purposes of this By-law does not include a mobile home dwelling as
defined herein.
Semi-Trailer
Means a trailer designed to be operated with the forward part of its body resting upon
the body or chassis of a towing vehicle.
Trailer Converter Dolly
Means a device consisting of one or more axles, a fifth wheel lower-half and a tow
bar.
Trailer Park or Camp
Means a tourist establishment consisting of at least five (5) camping sites and
comprising land used or maintained as grounds for the camping or temporary
parking of tourist trailers, motor homes, park model trailers, truck campers, campers
or tents, but does not include parks or camping grounds maintained by any
department of the Government of Ontario or of Canada; or any crown corporation,
commission or board.
Use
Means, when used as a noun, the purpose for which a lot or building or structure, or
any combination thereof, is design, arranged, occupied or maintained and when
used as a verb, "USED" shall have a corresponding meaning.
Vehicle
Means an automobile, all-terrain vehicle, snowmobile, motorcycle, motor assisted
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bicycle, traction engine, farm tractor, road-building machine, self-propelled implement
of husbandry, and any other vehicle propelled or driven other than by muscular
power, but not including a railroad car or other motor vehicle running only upon rails.
Veterinarian
Means a person registered under the provisions of the Veterinarians Act, as amended.
Veterinary Clinic
Means a building or part of a building in which facilities are provided for the
prevention, cure and alleviation of disease and injury to animals, and in conjunction
with which there may be temporary sheltering of animals during the treatment period.
A Veterinary Clinic shall not include a Commercial Kennel.
Warehouse
Means a building or part of a building used for the storage and distribution of goods,
wares, merchandise, substances, articles or things, and may include facilities for a
wholesale or retail commercial outlet, but shall not include a cartage or transport
depot.
Waste Disposal Area
Means a place where garbage, refuse or domestic or industrial waste, exclusive of
liquid industrial waste, is disposed of or dumped, and, for the purposes of this by-law,
may include a sanitary landfill site.
Waste Transfer Station
Means premises for the temporary storage of garbage and waste materials awaiting
transfer to a permanent solid waste disposal area and may include a recycling depot.
Watercourse
Means an identifiable depression in the ground in which a flow of water regularly or
continuously occurs.
Water Supply System, Public
Means an adequate distribution system of underground piping and related storage,
including pumping and purification appurtenances operated by a municipal
corporation and/or the Ministry of the Environment Conservation and Parks
(MOECP) and/or any public utilities commission for public use.
Water Supply Plant
Means a building or structure, approved by the Ministry of the Environment
Conservation and Parks (MOECP) where water is treated for human consumption.
Well
Means an underground source of water which has been rendered accessible by the
drilling or digging of a hole from ground level to the water table and may include a
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private piped system from a surface water source.
Wetlands
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 other 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 purpose of this definition.
Workshop
Means a building or part of a building where fabrication or manufacturing is
performed by tradesmen requiring manual or mechanical skills and may include a
carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a
commercial welders shop, or similar uses.
Yard
Means a space, appurtenant to a building or structure, located on the same lot as the
building or structure, which space is open, uncovered and unoccupied from the
ground to the sky except for such accessory buildings, structures or uses as are
specifically permitted elsewhere in the By-law.
Yard, Front
Means a yard extending across the full width of the lot between the front lot line of
the lot and the nearest part of any building or structure on the lot, the nearest
outside storage use on the lot, or edge or rim of an excavation on the lot.
Yard, Front Depth
Means the least horizontal dimension between the front lot line of the lot and the
nearest part of any building or structure on the lot, or the nearest outside storage
use on the lot, or the edge or rim of an excavation on the lot.
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line of the
lot and the nearest part of any building or structure on the lot, or the nearest outside
storage use on the lot, or the edge or rim of an excavation on the lot.
Yard, Rear Depth
Means the least horizontal dimension between the rear lot line of the lot and the
nearest part of any building or structure on the lot, or the nearest outside storage use
on the lot, or the edge or rim of an excavation on the lot.
Yard, Required
Means the minimum yard required by the provision of this By- law.
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Yard, Side
Means a yard extending from the required front yard to the required rear yard and
from the side lot line of the lot to the nearest part of any building or structure on the
lot, or the nearest outside storage use on the lot, or the edge or rim of an excavation
on the lot.
Yard, Side Exterior
Means a side yard immediately adjoining a public street.
Yard, Side Interior
Means a side yard other than an exterior side yard.
Yard, Side Width
Means the least horizontal dimensions between the side lot line of the lot and the
nearest part of any building or structure on the lot, or the nearest outside storage
use on the lot, or edge or rim of an excavation on the lot.
Yard, Water
Means the yard extending from the high water mark on any body of water to the
nearest wall of any building or structure on the lot.
Zone
Means a designated area of land shown on Schedule "A" hereto and includes
any special zone used in this By-law.
Zone Provisions
Means the permissible uses or activities, the minimum area and dimensions of lots,
the minimum dimensions of yards, the maximum lot coverage, the minimum
setback, the minimum gross floor area, the minimum landscaped open space, the
maximum height of buildings, minimum parking area requirements, and all other
standards and regulations of the respective Zones as are set out within the By-law.
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PART 3B - OAK RIDGES MORAINE CONSERVATION PLAN
AREA 3B - DEFINITIONS
Accessory Use
Means a use of land, buildings or structures that is normally incidental or
subordinate to the principal use, building or structure located on the same lot.
Adverse Effect
Means any impairment, disruption, destruction or harmful alteration.
Adversely Affect
Means to have an adverse effect on.
Agricultural Uses
Means:
(a)
growing crops, including nursery and horticultural crops;
(b)
raising livestock and other animals, including poultry and fish, for food and
fur;
(c)
aquaculture; and
(d)
agro-forestry and maple syrup production.
Agriculture-Related Uses
Means commercial and industrial uses that are:
(a)
small-scale;
(b)
directly related to a farm operation; and
(c)
required in close proximity to the farm operation.
Animal Agriculture
Means growing, producing and raising farm animals including, without limitation:
(a)
livestock, including equines, poultry and ratites;
(b)
fur-bearing animals;
(c)
bees;
(d)
cultured fish;
(e)
deer and elk; and
(f)
game animals and birds.
Aquifer Vulnerability
Means an aquifer's intrinsic susceptibility, as a function of the thickness and
permeability of overlying layers, to contamination from both human and natural
impact on water quality.
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Area of Natural and Scientific Interest (Earth Science)
Means an area that has been:
(a)
identified as having earth science values related to protection, scientific
study or education; and
(b)
further identified by the Ministry of Natural Resources using evaluation
procedures established by that Ministry, as amended from time to time.
Area of Natural and Scientific Interest (Life Science)
Means an area that has been:
(a)
identified as having life science values related to protection, scientific study or
education; and
(b)
further identified by the Ministry of Natural Resources using evaluation
procedures established by that Ministry, as amended from time to time.
Bed and Breakfast Establishment
Means an establishment that provides sleeping accommodation (including breakfast
and other meals, services, facilities and amenities for the exclusive use of guests)
for the traveling or vacationing public in up to three guest rooms within a single
dwelling that is the principal residence of the proprietor of the establishment.
Connectivity
Means the degree to which key natural heritage features are connected to one
another by links such as plant and animal movement corridors, hydrological and
nutrient cycling, genetic transfer, and energy flows through food webs.
Development
Means the creation of a new lot, a change in land use, or the construction of
buildings and structures, any of which require approval under the Planning Act, the
Environmental Assessment Act, or the Drainage Act, but does not include:
(a)
the construction of facilities for transportation, infrastructure and utilities uses,
as described in Section 41 of the Oak Ridges Moraine Conservation Plan by
a public body; or
(b)
for greater certainty:
(i) the reconstruction, repair or maintenance of a drain approved under the
Drainage Act and in existence on November 15, 2001; or
(ii) the carrying out of agricultural practices on land that was being used for
agricultural uses on November 15, 2001.
Dwelling Unit
Means one or more habitable rooms, occupied or capable of being occupied as an
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independent and separate housekeeping establishment, in which separate kitchen
and sanitary facilities are provided for the exclusive use of the occupants.
Earth Science Values
Means values that relate to the geological, soil and landform features of the
environment.
Ecological Features
Means naturally occurring land, water and biotic features that contribute to ecological
integrity.
Ecological Functions
Means the natural processes, products or services that living and non-living
environments provide or perform within or between species, ecosystems and
landscapes, including hydrological functions and biological, physical, chemical and
socio-economic interactions.
Ecological Integrity
Which includes hydrological integrity, means the condition of ecosystems in which:
(a)
the structure, composition and function of the ecosystems are unimpaired by
stresses from human activity;
(b)
natural ecological processes are intact and self-sustaining; and
(c)
the ecosystems evolve naturally.
Endangered Species
Means any native species, as listed in the regulations under the Endangered Species
Act that is at risk of extinction throughout all or part of its Ontario range if the limiting
factors are not reversed.
Farm Vacation Home
Means an establishment that provides sleeping accommodation (including
participation in farm activities, meals, services, facilities and amenities for the
exclusive use of guests) for the traveling or vacationing public in up to three guest
rooms within a single dwelling that is located on a farm and is the principal residence
of the proprietor of the establishment.
Fish Habitat
Means the spawning grounds and nursery, rearing, food supply and migration areas
on which fish depend directly or indirectly in order to carry out the life processes, as
further identified by the Department of Fisheries and Oceans (Canada).
Forest Access Road
Means a one or two-lane unpaved road that is designed to provide access to and
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within a woodland for wildlife, fish and forest management purposes.
Forest Management
Means the management of woodlands, including accessory uses such as the
construction and maintenance of forest access roads and maple syrup production
facilities:
(a)
for the production of wood and wood products, including maple syrup;
(b)
to provide outdoor recreation opportunities;
(c)
to maintain, and where possible, improve or restore conditions for wildlife;
and
(d)
to protect water supplies.
Groundwater Recharge
Means the replenishment of subsurface water:
(a)
resulting from natural processes, such as the infiltration of rainfall and
snowmelt and the seepage of surface water from lakes, streams and
wetlands; and
(b)
resulting from human intervention, such as the use of stormwater
management systems.
Habitat of Endangered, Rare and Threatened Species
Means land that:
(a)
is an area where individuals of an endangered species, a rare species or a
threatened species live or have the potential to live and find adequate amounts
of food, water, shelter, and space needed to sustain their population, including
an area where a species concentrates at a vulnerable point in its annual or life
cycle and an area that is important to a migratory or non-migratory species; and
(b)
has been further identified, by the Ministry of Natural Resources or by any other
person, according to evaluation procedures established by the Ministry of
Natural Resources, as amended from time to time.
Hazardous Waste
Has the same meaning as in Regulation 347 of the Revised Regulations of Ontario,
1990.
Home Business
Means an occupation that:
(a)
involves providing personal or professional services or producing custom or
artisanal products;
(b)
is carried on as a small-scale accessory use within a single dwelling by one or
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more of its residents; and
(c)
does not include uses such as an auto repair or paint shop or furniture
stripping.
Home Industry
Means a business that:
(a)
is carried on as a small-scale use that is accessory to a single dwelling or
agricultural operation;
(b)
provides a service such as carpentry, metalworking, welding, electrical work or
blacksmithing, primarily to the farming community;
(c)
may be carried on in whole or in part in an accessory building; and
(d)
does not include uses such as an auto repair or paint shop or furniture
stripping.
Hydrological Cycle
Means the circulation of water from the atmosphere to the earth and back through
precipitation, runoff, infiltration, groundwater flow and evapotranspiration, including
the occurrence, circulation, distribution, and chemical and physical properties of
water on the surface of the land, in the soil and underlying rocks, and in the
atmosphere, and water's interaction with the environment including its relation to
living things.
Hydrological Features
Means:
(a)
permanent and intermittent streams;
(b)
wetlands;
(c)
kettle lakes and their surface catchment areas;
(d)
seepage areas and springs; and
(e)
aquifers and recharge areas.
Hydrological Functions
Means the functions of the hydrological cycle that include the occurrence, circulation,
distribution and chemical and physical properties of water on the surface of the land,
in the soil and underlying rocks, and in the atmosphere, and water's interaction with
the environment including its relation to living things.
Hydrological Integrity
Means the condition of ecosystems in which hydrological features and hydrological
functions are unimpaired by stresses from human activity.
Hydrologically Sensitive Feature
Means a hydrologically sensitive feature as described in Section 26 of the Oak
Ridges Moraine Conservation Plan.
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Impervious Surface
Means a surface that does not permit the infiltration of water, such as a rooftop,
sidewalk, paved roadway, driveway or parking lot.
Kame
Means a mound, hummock or conical hill of glacial origin.
Kettle Lake
Means a depression formed by glacial action and permanently filled with water;
Key Natural Heritage Feature
Means a key natural heritage feature as described in Section 22 of the Oak Ridges
Moraine Conservation Plan.
Landform Features
Means distinctive physical attributes of land such as slope, shape, elevation and
relief.
Landform Conservation Area
Means a landform conservation area as described in Section 30 of the Oak Ridges
Moraine Conservation Plan.
Life Science Values
Means values that relate to the living component of the environment.
Liquid Industrial Waste
Has the same meaning as in Regulation 347 of the Revised Regulations of Ontario,
1990.
Lot
Means a parcel of land that is:
(a)
described in a deed or other document legally capable of conveying an
interest in the land; or
(b)
shown as a lot or block on a registered plan of subdivision.
Low Intensity Recreational Uses
Means recreational uses that have minimal impact on the natural environment, and
require very little terrain or vegetation modification and few, if any, buildings or
structures, including but not limited to the following:
(a)
non-motorized trail uses;
(b)
natural heritage appreciation;
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(c)
unserviced camping on public and institutional land; and
(d)
accessory uses.
Major Development
Means development consisting of:
(a)
the creation of four or more lots;
(b)
the construction of a building or buildings with a ground floor area of 500 m2 or
more; or
(c)
the establishment of a major recreational use as described in Section 38 of the
Oak Ridges Moraine Conservation Plan.
Major Recreational Uses
Are recreational uses that require large-scale modification of terrain, vegetation or
both and usually also require large-scale buildings or structures, including but not
limited to the following:
(a)
golf courses;
(b)
serviced playing fields;
(c)
serviced campgrounds;
(d)
ski hills.
Meander Belt
Means the land across which a stream shifts its channel from time to time.
Mineral Aggregate
Means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone,
marble, granite, rock or other material prescribed under the Aggregate Resources
Act, but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline
syenite, talc, wollastonite, or other material prescribed under that Act.
Mineral Aggregate Operation
Means:
(a)
an operation, other than a wayside pit, conducted under a license or permit
under the Aggregate Resources Act; and
(b)
associated facilities used in the extraction, transportation, beneficiation,
processing or recycling of mineral aggregate or the production of related by-
products.
Natural Self-Sustaining Vegetation
Means self-sustaining vegetation dominated by native plant species.
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Net Developable Area
Means the area of a lot or site, less any area that is within a key natural heritage
feature or a hydrologically sensitive feature.
Oak Ridges Moraine Conservation Plan Area and "Plan Area"
Mean the areas described in Section 1.12(d) of this By-law and as defined in the Oak
Ridges Moraine Conservation Plan Regulation 140/02.
Partial Service
Means connections linking a building to:
(a)
a communal sewage or water service or a full municipal sewage or water
service; and
(b)
an individual on-site sewage or water system.
Portable Asphalt Plant
Means a temporary facility, to be dismantled at the completion of a construction
project, where:
(a)
equipment is used to heat and dry mineral aggregate and to mix it with
bituminous asphalt to produce asphalt paving material; and
(b)
bulk materials used in the process described in Clause (a) are kept.
Prime Agricultural Area
Means an area that is:
(a)
designated as prime agricultural land in the relevant official plan; or
(b)
identified through an alternative agricultural land evaluation system approved
by the Government of Ontario.
Prime Agricultural Land
Means:
(a)
land where fruit and vegetable crops and greenhouse crops are grown;
(b)
agriculturally developed organic soil land; or
(c)
land with Class 1, 2 or 3 soils according to the Canada Land Inventory.
Rapid Infiltration Basin
Means a basin or system of basins at or below surface grade that is constructed in
porous soil and punctures through a relatively impermeable layer to gain access to a
more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a
single point or area of concentration, surface runoff collected from impervious
surfaces.
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Rapid Infiltration Column
Means a column or system of columns at or below surface grade that is constructed
in porous soil and punctures through a relatively impermeable layer to gain access to
a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a
single point or area of concentration, surface runoff collected from impervious
surfaces.
Rare Species
Means a native species that is not currently at risk of becoming threatened but,
because of its limited distribution, small population or specialized habitat needs,
could be put at risk of becoming threatened through all or part of its Ontario range by
changes in land use or increases in certain types of human activity.
Retirement Home
Means a building in which:
(a)
accommodation is provided, mainly for retired persons;
(b)
common kitchen and dining facilities are provided for the residents; and
(c)
common lounges, recreation rooms and health care facilities may also be
provided for the residents.
Sand Barrens
Means land (not including land that is being used for agricultural purposes and no
longer exhibits sand barrens characteristics) that:
(a)
has sparse or patchy vegetation that is dominated by plants that are:
(i)
adapted to severe drought and low nutrient levels; and
(ii)
maintained by severe environmental limitations such as drought, low
nutrient levels and periodic disturbances such as fire.
(b)
has less than 25 percent tree cover;
(c)
has sandy soils (other than shorelines) exposed by natural erosion;
depositional process or both; and
(d)
has been further identified, by the Ministry of Natural Resources or by any other
person, according to evaluation procedures established by the Ministry of
Natural Resources, as amended from time to time.
Saturated Zone
Means the zone below the water table where the spaces between soil grains are filled
with water.
Savannah
Means land (not including land that is being used for agricultural purposes and no
longer exhibits savannah characteristics) that:
(a)
has vegetation with a significant component of non-woody plants, including
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tallgrass prairie species that are maintained by seasonal drought, periodic
disturbances such as fire, or both;
(b)
has from 25 percent to 60 percent tree cover;
(c)
has mineral soils; and
(d)
has been further identified, by the Ministry of Natural Resources or by any other
person, according to evaluation procedures established by the Ministry of
Natural Resources, as amended from time to time.
Self-Sustaining Vegetation
Means vegetation dominated by plants that can grow and persist without direct
human management, protection, or tending.
Significant
Means identified as significant by the Ministry of Natural Resources, using evaluation
procedures established by that Ministry, as amended from time to time.
Single Dwelling
Means a building containing only one dwelling unit;
Site
Means the land subject to an application.
Site Alteration
Means activities such as filling, grading and excavation that would change the
landform and natural vegetative characteristics of land, but does not include:
(a)
the construction of facilities for transportation, infrastructure and utilities uses,
as described in Section 41 of the Oak Ridges Moraine Conservation Plan, by
a public body, or
(b)
for greater certainty:
(i) the reconstruction, repair or maintenance of a drain approved under the
Drainage Act and in existence on November 15, 2001; or
(ii) the carrying out of agricultural practices on land that was being used for
agricultural uses on November 15, 2001.
Small-Scale Commercial, Industrial and Institutional Uses:
(a)
are supportive of, complimentary to or essential to uses that are permitted in
Countryside area of the Oak Ridges Moraine Conservation Plan;
(b)
do not require large-scale modification of terrain, vegetation or both or large-
scale buildings and structures; and
(c)
include, but are not limited to:
(i)
farm implement stores, feed stores and country markets;
(ii)
portable mineral aggregate crushing plants, portable asphalt plants and
composting plants; and
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(iii) schools, places of worship, community halls, retirement homes and
cemeteries, intended mainly to serve nearby Rural Settlements within
the Plan Area.
Subwatershed
Means an area that is drained by a tributary or some defined portion of a stream.
Surface Catchment Area
Means the area including and surrounding a kettle lake or wetland, from which
surface runoff drains directly into the kettle lake or wetland.
Sustainable
When used with respect to a natural resource, means that the natural resource is able
to support a particular use or activity without being adversely affected.
Tallgrass Prairie
Means land (not including land that is being used for agricultural purposes and no
longer exhibits tallgrass prairie characteristics) that:
(a)
has vegetation dominated by non-woody plants, including tallgrass prairie
species that are maintained by seasonal drought, periodic disturbances such as
fire, or both;
(b)
has less than 25 percent tree cover;
(c)
has mineral soils; and
(d)
has been further identified, by the Ministry of Natural Resources or by any other
person, according to evaluation procedures established by the Ministry of
Natural Resources, as amended from time to time.
Threatened Species
Means any native species that is at risk of becoming endangered throughout all or
part of its Ontario range if the limiting factors are not reversed.
Time of Travel
Means the time that is needed for groundwater to travel a specified horizontal
distance in the saturated zone.
Unserviced Park
Means a park that provides recreational opportunities and facilities, including
playing fields, but without outdoor lighting, accessory commercial facilities, paved
parking lots or permanent water or sewer facilities;
Valleyland
Means a natural area that occurs in a valley or other landform depression that has
water flowing through or standing for some period of the year.
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Watershed
Means an area that is drained by a river and its tributaries.
Wayside Pit
Means a temporary pit opened or used by or for a public body solely for the purpose
of a particular project of road construction and not located on the road right-of-way.
Wellhead Protection Area
Means the surface and subsurface area surrounding a water well or well field that
supplies a public water system and through which contaminants are reasonably likely
to move so as eventually to reach the water well or well field.
Wetland
Means land such as a swamp, marsh, bog or fen (not including land that is being
used for agricultural purposes and no longer exhibits wetland characteristics) that:
(a)
is seasonally or permanently covered by shallow water or has the water
table close to or at the surface;
(b)
has hydric soils and vegetation dominated by hydrophytic or water-tolerant
plants; and
(c)
has been further identified, by the Ministry of Natural Resources or by any other
person, according to evaluation procedures established by the Ministry of
Natural Resources, as amended from time to time.
Wildlife Habitat
Means land that:
(a)
is an area where plants, animals and other organisms live or have the potential
to live and find adequate amounts of food, water, shelter and space to sustain
their population, including an area where a species concentrates at a vulnerable
point in its annual or life cycle and an area that is important to a migratory or
non-migratory species; and
(b)
has been further identified, by the Ministry of Natural Resources or by any other
person, according to evaluation procedures established by the Ministry of
Natural Resources, as amended from time to time.
Woodland
Means a treed area, woodlot or forested area, other than a cultivated fruit or nut
orchard or a plantation established for the purpose of producing Christmas trees.
Zone of Contribution
When used in reference to a period of time, means the area within which the water
pumped from a well originates during that time.
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Section 4 - General Zone Provisions
The contents of this Section are as follows:
4.1.
Abandoned Equipment and Motor Vehicles Without a Current Validation Sticker
.......................................................................................................................... 59
4.2
Accessory Buildings, Structures and Uses ........................................................ 59
4.3
Accessory Residential Uses .............................................................................. 64
4.4
Backyard Hens .................................................................................................. 64
4.5
Bed and Breakfast Establishments ................................................................... 64
4.6
Building Spacing ............................................................................................... 65
4.7
Buffer Strip Regulations .................................................................................... 65
4.8
Cannabis Production Facility ............................................................................ 66
4.9
Dwelling Unit Under Construction ..................................................................... 67
4.10
Established Building Line .................................................................................. 67
4.11
Existing Buildings, Structures and Uses ............................................................ 67
4.12
Existing Undersized Lots ................................................................................... 69
4.13
Frontage Requirements .................................................................................... 69
4.14
Garden Suites ................................................................................................... 70
4.15
Greater Restrictions .......................................................................................... 72
4.16
Hobby Farms .................................................................................................... 72
4.17
Holding Zone Provisions ................................................................................... 72
4.18
Home Industries ................................................................................................ 73
4.19
Home Occupations ........................................................................................... 74
4.20
Hospice Care Centre......................................................................................... 76
4.21
Commercial Kennels ......................................................................................... 76
4.22
Loading Space Regulations ............................................................................... 76
4.23
Lots Containing More Than One Use ................................................................ 78
4.24
Lots Divided Into More Than One Zone ............................................................ 78
4.25
Minimum Distance Separation .......................................................................... 78
4.26
Mobile Vendors ................................................................................................. 79
4.27
Parking Area Regulations ................................................................................. 79
4.28
Prohibited Uses ................................................................................................. 85
4.29
Public Uses ....................................................................................................... 86
4.30
Secondary Dwellings ........................................................................................ 87
4.31
Setbacks From Water Bodies and Watercourses and Special Provisions For
Lake Ontario ..................................................................................................... 89
4.32
Setbacks on County Roads and Provincial Highways ........................................ 90
4.33
Special Separation Distances - Pipeline Right-Of-Way .................................... 90
4.34
Special Separation Distances - Pits and Quarries and Sensitive Land Uses ... 90
4.35
Special Separation Distances - Railway Corridors ........................................... 91
4.36
Special Separation Distances - Waste Disposal Areas ..................................... 91
4.37
Shipping Containers .......................................................................................... 91
4.38
Sight Triangles .................................................................................................. 93
4.39
Through Lots ..................................................................................................... 93
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4.40
Wayside Pits and Quarries ................................................................................ 93
4.41
Alternative Energy Systems and Renewable Energy Systems .......................... 93
4.42
Oak Ridges Moraine Provisions ........................................................................ 94
4.43
Accommodation in The Vicinity Of A Resort ...................................................... 98
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4.1.
Abandoned Equipment and Motor Vehicles Without a Current Validation
Sticker
Notwithstanding the provisions of Section 4.26.8 to the contrary, no person
may use any lot in any zone for the parking, storage, or locating of unused or
discarded equipment or motor vehicles without a current validation sticker
except that:
4.1.1
Commercial vehicles normally licensed for only part of the year may be
stored on the same lot from which the business they are used in conjunction
with is operated, provided that in any Residential Zone such commercial
vehicle shall not exceed 1.0 tonne capacity.
4.1.2
Such vehicles or equipment may be stored in a completely screened space
that is not visible from any road or adjacent dwelling
4.2
Accessory Buildings, Structures and Uses
4.2.1
Permitted Uses
Where this By-law provides that a lot may be used or a building or structure
may be erected or used for a purpose, that purpose shall include any
accessory building or structure or accessory use, but shall not include the
following:
a) any occupation for gain or profit conducted within or accessory to
a dwelling unit or on such lot associated therewith, except as is
specifically permitted in accordance with this By-law; or
b) any building used for human habitation except in accordance with
this By-law, as is specifically permitted.
4.2.2
Relation to Street
4.2.2.1 Residential Zones
In any residential zone category other than the Rural Residential
(RR) Zone, an accessory building or structure, which is not part of
the principal or main building on the lot, shall not be erected closer
to the street line than the principal or main building on the lot, and
shall further be erected in conformity with the yard and setback
requirements of the respective Residential Zone except as may
otherwise be provided for herein.
4.2.2.2 Non-Residential Zones
No accessory building or structure shall be erected closer to the
street line than the minimum required yard and setback
requirements of the respective non-residential zone and, further,
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shall not be erected closer than 3.0 metres (9.84 ft.) to an interior
side or rear lot line except as may otherwise be provided for herein.
Notwithstanding the foregoing, a gatehouse or information kiosk or
other similar accessory structure shall be permitted within a
required front or side yard or within the area between the street line
and the required setback.
4.2.3
Relation to Principal or Main Building
Except as may otherwise be provided herein, any accessory building or
structure, which is not part of the principal or main building, shall not be
erected closer than 3.0 metres (9.84 ft.) to the principal or main building.
When an accessory building is erected prior to the construction of a
principle building, the principle building shall not be erected closer than
3.0 metres (9.84 ft.) to the accessory building.
4.2.4
Lot Coverage and Height
Except as otherwise provided herein, the total lot coverage of all accessory
buildings and structures of a lot shall not exceed five percent (5%) of the lot
area and shall be considered in addition to any other lot coverage
regulations as specified in this By-law.
Notwithstanding the foregoing, within the General Industrial (MG) Zone, the
total lot coverage of all accessory buildings or structures shall not exceed
ten percent (10%) of the lot area.
Except as otherwise provided herein, the height of any accessory building
or structure shall not exceed 7.5 metres (24.60 ft.) in the Rural Residential
(RR) Zone, the Rural (RU) Zone, or Agricultural (A) Zone and 5.0 metres
(16.40 ft.) in any other zone, except in the case of the Rural Residential
(RR) Zone, the height of the accessory building or structure shall not be
higher than the principal or main building on the lot.
Notwithstanding the above, buildings for agricultural/agriculture use in the
Rural (RU) and Agricultural (A) Zones shall not exceed 12 m.
Notwithstanding any of the above, the provisions of Section 4.2.16 shall
also apply to the height of accessory buildings or structures.
4.2.5
Accessory Structure Encroachments
Notwithstanding the yard and setback provisions of this By-law to the
contrary, drop awnings, clothes poles, flag poles, garden trellises, retaining
walls, fences, signs or similar uses which comply with the licensing and/or
regulatory By-laws of the Corporation, shall be permitted in any required
yard or in the area between the street line and the required setback.
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4.2.6
Fire Escapes
Notwithstanding the yard and setback provisions of this By-law to the
contrary, unenclosed fire escapes may project into any required yard a
maximum distance of 1.2 metres (3.94 ft.).
4.2.7
Location
Except as otherwise provided herein, in any Residential zone category any
accessory building or structure which is not part of the main building shall
be erected:
(a) to the rear of any required front yard, except as may be permitted by
Section 4.2.2.1;
(b) with a minimum rear yard of 1.2 metres (3.94 ft.);
(c) with a minimum side yard of 1.2 metres (3.94 ft.); and
(d) with a minimum separation distance of 1.5 metres (4.92 ft.), from any
building, structure, or part thereof, and not to be intruded upon by any
awning, canopy, roof, wall or similar structure.
4.2.8
Boat House, Pump House or Dock
Notwithstanding any other provision of this By-law to the contrary, a boat
house, pump house or a dock may be erected and used in the front yard of
a lot fronting on a navigable waterway, provided, such accessory buildings
or structures are located no closer than 1.2 metres (3.94 ft.) to the side lot
line.
4.2.9
Railway Spur in Industrial Zone
Notwithstanding the yard and setback provisions of this By-law to the
contrary, in an Industrial zone, a railway spur shall be permitted within any
required side or rear yard, but not within a required planting strip area
except for ingress and egress.
4.2.10 Ornamental Structures
Notwithstanding the yard and setback provisions of this By-law to the
contrary, sills, chimneys, cornices, eaves, gutters, parapets, pilasters, or
other ornamental structures may project into any required yard or the area
between the street line and the required setback a maximum distance of 0.6
metres (1.97 ft.).
4.2.11 Swimming Pools
Notwithstanding the yard provisions of this By-law to the contrary, an
outdoor swimming pool shall only be permitted in an interior side yard or a
rear yard of a lot. Such outdoor swimming pool shall not be located within
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1.2 metres (3.94 ft.) of the rear or interior side lot lines, and shall not be
closer than 3.0 metres (9.84 ft.) to that portion of a rear lot line that adjoins
a side lot line of an adjoining lot.
Notwithstanding the above, an outdoor swimming pool shall be permitted in
an exterior side yard of a corner lot provided that such outdoor pool shall
not be located closer than 3.0 metres (9.84 feet) from an exterior side lot
line.
Where an outdoor swimming pool is located in an exterior side yard or a
rear yard of a corner lot, the pool shall be within a pool enclosure. A "pool
enclosure" shall mean a fence, wall or other structure, including doors or
gates, surrounding an outdoor swimming pool designed to restrict access
thereto and to visually screen the pool from the street, as regulated by the
Township of Alnwick/Haldimand's swimming pool By-Law.
No water circulating or water treatment equipment such as pumps, filters or
heaters shall be located closer than 3.0 metres (9.84 feet) to any side lot
line or rear lot line.
4.2.12 Unenclosed Porches, Steps, Patios, Decks and Balconies
Notwithstanding the yard and setback provisions of this By-law to the
contrary, unenclosed porches, steps, patios, decks and balconies, covered
or uncovered, may project into any required yard a maximum distance of
1.5 metres (4.92 ft.) but not closer than 1.2 metres (3.94 ft.) to any lot line,
provided that in the case of porches, steps or patios such uses are not
more than 1.8 metres (5.9 ft.) above grade (measured at the floor surface
elevation).
Balconies and decks that are greater than 1.8 metres (5.9 ft.) above grade
(measured at the floor surface elevation) shall comply with the applicable
minimum required yard of this By-law.
4.2.13 Signs
The provisions of this by-law shall not apply to prevent the erection,
alteration or use of any sign provided such sign complies with any Sign By-
law of the Corporation regulating signs.
4.2.14 Temporary Buildings and Structures for Construction Uses
A tool shed, construction trailer, scaffold or other building or structure
incidental to construction is permitted in all Zones within the Corporation on
the lot where construction is being undertaken and only for so long as it is
necessary for the work in progress and until the work is completed or
abandoned. For the purpose of this By-law, "abandoned" shall mean the
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failure to proceed expeditiously with the construction work.
4.2.15 Outside Storage as an Accessory Use
The outside display and storage of goods and materials is permitted only
where such a use is accessory to a permitted use, unless specifically
stated otherwise in this By-law.
4.2.16 Height Exceptions for Accessory Building and Structures
Notwithstanding the height provisions herein contained, nothing in this By-
law shall apply to prevent the erection, alteration, or use of the following
accessory buildings or structures provided the principal use is a use
permitted within the Zone in which it is located, namely:
- a church spire,
- a belfry,
- a flag pole,
- a clock tower,
- a chimney,
- a water tank,
- a windmill,
- a communications tower or antenna less than 30 metres (98.43 ft.)
in height above average ground level,
- air conditioner duct,
- grain elevator,
- a barn or silo,
- incidental equipment required for processing, and
- external equipment associated with internal building equipment.
4.2.17 Satellite Signal Broadcast or Receiving Dishes
Notwithstanding any other provisions for accessory uses or structures set
forth in this By-law, satellite signal broadcast or receiving dishes and their
supporting towers shall be permitted in all zones.
A free-standing satellite dish with supporting tower shall comply with the
requirements of Section 4.2.7 of this By-law. Notwithstanding this
provision, a satellite dish may be mounted on a building.
These requirements shall not apply to satellite signal broadcast or receiving
dishes associated with communication towers, as set forth in Section 4.28
"Public Uses".
4.2.18 Bunkhouses
A Bunkhouse as defined in this By-law shall only be permitted in the Rural
(RU) Zone and the Agricultural (A) Zone, and shall only be permitted by an
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amendment to this By-law.
4.3
Accessory Residential Uses
4.3.1
A maximum of either one (1) accessory dwelling or one (1) accessory
dwelling unit shall be permitted on a lot in Zones where an accessory
residential use is permitted.
4.3.2
An accessory dwelling shall not be erected, altered or used for residential
purposes within 3.0 metres (9.84 ft.) of a permitted non-residential use, and
in no case shall a dwelling be erected, altered or used within 7.5 metres
(24.60 ft.) of a motor vehicle service station, a motor vehicle repair garage
or a motor vehicle dealership.
4.3.3
An accessory dwelling unit shall be permitted in a non-residential building
other than in a motor vehicle facility or any other non-residential building
where the sale, handling or storage of gasoline or other fuels or similar
flammable substances is undertaken.
4.4
Backyard Hens
4.4.1
The keeping of hens shall be restricted to properties that are zoned to
permit a single detached dwelling.
4.4.2
The keeping of hens shall be restricted to properties that have a minimum of
0.4 hectares (one acre).
4.4.3
A maximum of 6 hens shall be permitted.
4.4.4
An enclosure for keeping one or more hens:
(a) Shall be located at least 3.0 metres from the side lot line and at least
1.2 metres from the rear lot line of the lot on which the hen coop is
located.
(b) Shall be located at least 3.0 metres from abutting dwellings.
(c)
Must be at least 7.5 metres from any church or school.
(d) Shall contain an enclosed roof structure and shall be not greater than
3.0 metres by 3.0 metres and no greater than 4.5 metres in height.
(e) Shall only be located in the rear yard.
4.5
Bed and Breakfast Establishments
4.5.1
A Bed and Breakfast establishment shall be permitted in a single detached
dwelling only and shall have a maximum of three (3) guest rooms per
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establishment.
4.5.2
Bed and Breakfast establishments shall be deemed a Residential use and
shall be permitted only in zones where specifically provided for as a
permitted use.
4.5.3
Bed and Breakfast establishments shall conform to all regulations and
requirements of the zone where permitted.
4.5.4
Parking shall be in accordance with Section 4.26 of this By-law.
4.5.5
Signs for Bed & Breakfast establishments shall comply with the Township's
Sign By-law
4.5.6
Bed and Breakfast establishments are only permitted in the Limited Service
Residential (LSR) Zone by amendment to this By-law.
4.6
Building Spacing
Except where specifically provided by this by-law, building spacing shall be in
accordance with the applicable provisions of the Ontario Building Code.
4.7
Buffer Strip Regulations
4.7.1
Contents
A buffer strip shall consist of a visual screen having a minimum height of
1.5 metres (4.92 ft.) above the surrounding ground level and which is
uninterrupted for the length of the buffer strip except as described in 4.6.3. A
buffer strip shall include a planting screen as defined in this By-law, a fence
which provides a visual screen, an earth berm, or any combination of these
features. The minimum width of a buffer strip shall be 3 metres (9.84 ft.).
However, where an earth berm is to be constructed, the minimum width of
the buffer strip shall be the width required to construct a stable earth berm
having slopes no greater than a 3:1 horizontal to vertical ratio. The portion
of the buffer strip not required for placement of the visual screen shall be
used for no other purpose than the planting of shrubs, flower beds, grass or
a combination thereof.
4.7.2
Location
Where the interior side or rear lot line in an Industrial Zone abuts a
Residential Zone or a Community and Open Space Zone category, a buffer
strip adjoining such abutting lot line, or portion thereof, shall be provided on
the lot within the Industrial Zone where a new industrial building, structure or
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use is to be established. A buffer strip shall not be required for Industrial
buildings, structures or uses in existence prior to the date of passing of this
By-law or for vacant land within an Industrial Zone, unless the land is used
for vehicle parking or storage purposes. Notwithstanding the foregoing, a
buffer strip is required for the redevelopment of an existing Industrial
property when there is a change in use.
4.7.3
Interruption for Driveways or Pedestrian Walks
In all cases where ingress and egress driveways or walks extend through a
buffer strip, it shall be permissible to interrupt the strip within 3 metres (9.84
ft.) of the edge of such driveway or within 1.5 metres (4.92 ft.) of the edge of
such walk.
4.7.4
Maintenance
Where a buffer strip is required it shall be constructed and maintained by
the owner or owners of the lot on which the strip is located.
4.7.5
Landscaped Open Space Supplement
A buffer strip may form part of any landscaped open space required by this
By-law.
4.8
Cannabis Production Facility
Within the Township of Alnwick/Haldimand, the growth, cultivation or processing
of cannabis shall be classified as an industrial use and shall be subject to the
following provisions:
a)
Such use or uses shall only be permitted within the General
Industrial (MG) Zone.
b)
No building or structure for a cannabis production facility shall be
located less than:
I.
30 metres from a property line
II.
70 metres from any property within a Residential Zone, Open
Space or Community Facility
III.
70 metres from a residential use on an abutting
property.
c)
Other than a municipal civic address sign, no sign identifying or
advertising the cannabis production facility is permitted.
d)
Outside storage, for any purpose is not permitted in association with
a cannabis production facility.
e)
The establishment of a cannabis production facility shall be
subject to site plan control pursuant to Section 41 of the Planning
Act.
f)
Where a cannabis production facility abuts a Residential, Open Space or
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Community Facility Zone, a buffer strip is required in accordance with the
provisions of Section 4.7 of this By-law.
4.9
Dwelling Unit Under Construction
Notwithstanding any other provisions of this By-law to the contrary, where a
building permit has been issued for a residential dwelling, a mobile home or
tourist trailer may be used for temporary human habitation.
Under no circumstances shall a mobile home or tourist trailer be occupied for
temporary habitation for more than twelve (12) months from the date of
issuance of the building permit, or until such time as the construction is
completed and the building is occupied or the building permit has either
expired or been revoked, whichever is the lesser period of time.
Such mobile home or trailer shall be situated in conformity with the minimum
yard requirements of this By-law, and a permit shall be obtained from the
County of Northumberland for an approved temporary sanitary waste disposal
system.
4.10 Established Building Line
Notwithstanding the yard and setback provisions of the By-law to the contrary,
where a permitted building or structure is to be erected on a lot in a built-up
area, where there is an established building line, as defined in Section 3, such
permitted building or structure may be erected closer to the street line or the
centreline of the street or navigable waterway, as the case may be, than
required by this By-law provided such permitted building or structure is not
erected closer to the street line or the centreline of the street or navigable
waterway, as the case may be, than the established building line existing on
the date of passing of the By- law.
4.11 Existing Buildings, Structures and Uses
4.11.1 Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any lot,
building or structure for any purpose prohibited by this By-law if such lot,
building or structure was lawfully used for such purpose on the date of
passing of this By-law, so long as it continues to be used for that purpose.
Any uses which were illegal prior to the passing of this By-law shall remain
illegal after the passing of this By-law.
4.11.2 Non-Conforming Buildings or Structures
The exterior of any building or structure, which at the date of passing of this
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By-law was lawfully used for a purpose not permissible within the Zone in
which it is located, shall not be enlarged, extended, reconstructed or
otherwise structurally altered, unless such building or structure is thereafter
to be used for the purposes permitted within such zone, and complies with
all requirements of this By-law for such Zone.
4.11.3 Permitted Interior Alteration
The interior of any building or structure, which at the date of passing of this
By-law was lawfully used for a purpose not permitted within the Zone in
which such building or structure is located, may be reconstructed or
structurally altered in order to render the same more convenient or
commodious for the same purpose for which, at the date of passing of this
By-law, such building or structure was lawfully used.
4.11.4 Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a
safe condition of any building or structure or part thereof, lawfully used on
the date of passing of this By-law, provided that the strengthening or
restoration does not increase the building height, size or volume or change
the use of such building or structure in such a manner as to contravene any
provisions of this By-law.
4.11.5 Reconstruction of Damaged Existing Buildings or Structures
Nothing in this By-law shall apply to prevent the reconstruction of any lawful
non-conforming building or structure which is damaged by causes beyond
the control of the owner, provided such reconstruction does not increase the
building height, size or volume or change the use of such building or
structure.
4.11.6 Non-Complying Buildings or Structures
Nothing in this By-law shall prevent the enlargement, extension,
reconstruction, renovation, repair or alteration of a building or structure,
which existed at the date of passing of this By-law, which is used for a
purpose specifically permitted within the Zone in which such building or
structure is located, where such building or structure does not comply with
the setback or one or more yards that is or are less than required under the
provisions of this By-law provided that the setback or yard or yards that is or
are less than required are not further reduced and that all other provisions of
this By-law are complied with.
4.11.7 Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use
of any building or structure, for a purpose prohibited by this By-law, for
which a permit has been issued pursuant to the Building Code Act prior to
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the date of passing of this By-law, so long as the building or structure, when
erected, is used and continues to be used for the purpose for which it was
erected, provided further that the permit has not been revoked pursuant to
the Building Code Act.
4.11.8 Change of Use
The use of a lot, building or structure which under the provisions hereof is
not permissible within the Zone in which such lot, building or structure is
located, shall not be changed, except to a conforming use.
4.12 Existing Undersized Lots
4.12.1 Where a lot having a lesser lot area and/or lot frontage than required by this
By-law is held under distinct and separate ownership from abutting lots as
shown by a registered conveyance in the records of the Registry of Land
Title Office, at the date of passing of this By-law, or where such a lot is
created as a result of an expropriation, such smaller lot may be used and a
building or structure may be erected, altered or used on such smaller lot
provided that the proposed use is permitted in the zone which applies to the
property and complies with all other requirements of this By-law.
In addition to the above, the use of any existing undersized lot shall be
permitted only if the lot can be provided with an adequate supply of potable
water, all relevant sewage disposal requirements under the Ontario Building
Code are complied with, and an entrance permit is available from the
applicable road authority.
4.12.2 Notwithstanding the provisions of Section 4.12.1 hereof to the contrary, lots
within Reference Deposit (R.D.) Plans shall only be used for a single
detached dwelling in accordance with the following:
(a) the lot shall provide a minimum building area of 1,400 square metres
(15,069.97 square feet) outside of any lands zoned Environmental
Protection (EP) on the lot;
(b) the lot shall front upon an improved public street or road; and
(c)
two or more R.D. lots may be merged into a single lot to achieve the
above requirements as necessary.
4.13 Frontage Requirements
4.13.1 Public Street
No person shall erect any building or structure in any Zone unless the lot
upon which such building or structure is to be erected fronts upon an
improved public street, maintained year round, and further, that such
building or structure complies with the setback provisions of this By-law,
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except non-residential agricultural buildings such as barns and storage
buildings.
4.13.2 Unassumed Road
Notwithstanding the provisions of 4.13.1 hereof to the contrary, the
provisions of this By-law shall not apply to prevent the erection of a
permitted building or structure on a lot in a Registered Plan of Subdivision
where a properly executed subdivision agreement has been entered into
with the Corporation where under the street or streets will not be assumed
by the Township until such time as specified in the said agreement.
4.13.3 Navigable Waterway
Where access to any Residential Zone category is by navigable waterway,
no person shall erect any building or structure on a lot unless the lot has
water frontage upon the navigable waterway.
4.13.4 Private Right-Of-Way
4.13.4.1 Notwithstanding the provisions of 4.13.1 hereof, where a building
has been erected prior to the date of passage of this By-law on a
lot which fronts on a private right-of-way registered on title and
provides legal ingress and egress to an improved public street,
the provisions of this By-law shall not apply to prevent the
enlargement, alteration, extension, renovation or reconstruction of
such a building or structure, provided the use of such building or
structure is permissible in the zone in which it is located and that
all other applicable Zone Provisions of this By-law are complied
with.
4.13.4.2 If an existing lot is located in a Limited Service Residential (LSR)
Zone and if such lot does not abut a public road but does abut a
private right-of-way providing access thereto, then the lot shall be
exempt from the provisions of Section 4.13.1 hereof, subject to all
other applicable provisions of this By-law.
4.14 Garden Suites
4.14.1 Definition and Requirement for Temporary Zoning By-law
For the purposes of Section 4.14, a "garden suite" means a one-unit
detached residential structure containing bathroom and kitchen facilities
that is ancillary to an existing dwelling and is designed to be portable.
A garden suite is only permitted where a site-specific, temporary zoning
By-law has been passed under the provisions of Sections 39 (10 year term)
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and 39.1 (of the Planning Act to allow such use).
As a condition to passing a by-law authorizing the temporary use of a
garden suite under subsection 39 (1) (of the Planning Act to allow such
use), the council may require the owner of the suite or any other person to
enter into an agreement with the Township dealing with such matters
related to the temporary use of the garden suite as the council considers
necessary or advisable, including,
(a) the installation, maintenance and removal of the garden suite;
(b) the period of occupancy of the garden suite by any of the persons
named in the agreement; and
(c)
the monetary or other form of security that council may require for
actual or potential costs to the Township related to the garden
suite.
4.14.2 Special Provisions for Garden Suites
Where a garden suite is permitted by a temporary zoning in accordance with
Section 4.14.1, the following special provisions shall apply:
(a) a garden suite is permitted only in the Rural Residential (RR), Rural
(RU) and Agricultural (A) Zones;
(b) the garden suite must be on the same lot as the principal residential
building;
(c)
the principal residential building may only be a single detached
dwelling as defined in Section 3 of this By-law;
(d) the principal single detached dwelling must be a permitted use on the
lot; and
(e) a garden suite shall comply with the regulations of Section 4.14.3,
except as specifically amended on a site-specific basis through a
temporary zoning by-law.
4.14.3 Regulations for Garden Suites
(a) a maximum of one garden suite is permitted on a lot;
(b) the maximum height of a garden suite shall be 5.0 metres and one (1)
storey, but shall not exceed the height of the principal single detached
dwelling on the lot;
(c)
a garden suite shall be permitted in a rear yard or interior side yard
only;
(d) the minimum side yard setback shall be the same as required for the
principal single detached dwelling, and the minimum rear yard setback
shall be 3.0 metres;
(e) the maximum floor area of a garden suite shall be 80m2 (825 ft2).
(f)
A garden suite shall not be included in the calculation of total lot
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coverage as required in the Rural Residential (RR), Rural (RU) and
Agricultural (A) Zones;
(g) ) one parking space shall be required for the garden suite, in addition
to the parking required for a single detached dwelling in accordance
with Section 4.26 of this By-law.
4.15 Greater Restrictions
This By-law shall not be effective to reduce or mitigate any restrictions lawfully
imposed by a government authority having jurisdiction to make such
restrictions.
4.16 Hobby Farms
The number of livestock permitted on a Hobby Farm shall be in accordance
with the following or the Minimum Distance Separation MDS I and MDS II
formulae, whichever is more restrictive:
Minimum Lot Area
Nutrient Units Permitted
As defined in the MDS
0-1.2 ha
Not permitted
1.2-1.6 ha
1
1.6-2.0 ha
2
4.17 Holding Zone Provisions
4.17.1 Permitted Uses
Where a zone symbol on "Schedule A" is followed by the Holding zone
symbol "H" the permitted uses and relevant zone provisions applicable to
that zone do not apply until such time as the Holding zone symbol "H" is
removed in accordance with the requirements of the Planning Act.
Prior to the removal of the Holding zone symbol "H" only uses that existed
as of the date of the adoption of the Holding zone provisions shall be
permitted.
4.17.2 Regulations for Permitted Uses
All regulations and provisions which apply in a zone category where there
are no Holding zone provisions in effect shall also apply where a Holding
zone has been established.
4.17.3 Removal of the Holding Symbols
A Holding zone symbol shall only be removed in accordance with Section
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36 of the Planning Act, 1990, as amended, and only when Council is
satisfied that the criteria for the removal of the Holding zone symbol that
are specified in the By-law that established the Holding zone symbol for the
area have been met in a manner and form acceptable to Council.
Where a Holding zone symbol has been applied in relation to an existing or
former Waste Disposal Site and/or the lands within the related Waste
Disposal Assessment Area as shown on Schedules "A" and "B", the
Holding provision shall only be removed upon the completion of the
following:
(a) Studies have been carried out to the satisfaction of the Corporation
and/or the Ministry of the Environment Conservation and Parks
(MOECP) that show that the development is compatible and can
safely take place;
(b) The Corporation shall require the construction and phasing of all
development to coincide with the control of any problems identified by
the engineering studies;
(c)
A qualified engineer shall carry out studies of gas, leachate, and
hydrogeology; and
(d) The Corporation shall be satisfied with the required studies with
respect to any matter regarding structural stability, safety, and
integrity of any structure.
4.18 Home Industries
A home industry as defined in this By-law shall be subject to the following
provisions:
4.18.1 Uses Permitted
Permitted uses shall include those uses in accordance with the definition of
"Home Industry" in this By-law.
4.18.2 Relationship to Principal Use
The home industry may be operated or located in any part of an accessory
building or on any part of a lot subject to the applicable provisions of this By-
law. A home industry shall not be permitted to operate or locate in any part
of a dwelling on a lot.
The total number of home industries permitted shall be limited to one per lot.
Where a home industry is conducted on a lot, a separate home occupation
shall not be permitted on the same lot.
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4.18.3 Occupancy
A home industry shall only be operated by the occupant of a dwelling which
is located on the same lot.
Not more than two (2) persons, other than the occupants of the premises
shall be employed in the home industry.
4.18.4 Size
Not more than 100 square metres (1,076.43 ft.²) of floor area of all
accessory buildings or structures on any lot shall be devoted to a home
industry use.
4.18.5 Yard Requirements
The home industry shall only be permitted on a lot with the following
minimum yard and setback provisions:
(a)
A home industry shall not be permitted to locate in any front yard.
(b)
Minimum yard requirement for accessory, home, industry building or
activity (all other yards)
20.0 m (65.62 ft.)
(c)
Minimum Separation Distance from any Residential, Commercial, or
Community/Open Space Zone
60.0 m (196.85 ft.)
(d)
Minimum Separation from a dwelling located on another lot
30.0 m (98.42 ft.).
4.18.6 Advertising
Signs shall be in accordance with the Township's Sign By-law.
4.18.7 Buffering
Any area used for outdoor storage/activity or parking associated with the
home industry shall be screened in such a manner as to render the
materials, items or activity as not being visible from a public street or road or
from adjacent properties.
4.18.8 Parking
Any vehicles associated with a home industry shall be parked in an area
other than a public street or a required front yard. A minimum of two (2)
parking spaces shall be provided in addition to those parking requirements
of Section 4.26.
4.19 Home Occupations
A home occupation as defined in this By-law shall be permitted in any Zone
where a dwelling or dwelling unit is a permitted use, provided the home
occupation complies with the following provisions:
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4.19.1 Relationship to Principle Use
The home occupation shall be clearly secondary to the main use on the lot
and shall not change the residential character of a dwelling unit or the lot
upon which it is located.
4.19.2 Occupancy
Any dwelling unit containing a home occupation shall be occupied as a
residence by the operator of such home occupation.
No person other than a resident of the dwelling unit shall be engaged in
such home occupation.
4.19.3 Size
A home occupation may be operated or located in any part of a dwelling or
accessory building provided that the area devoted to such use shall not
occupy more than a floor area equivalent to 25 percent of the gross floor
area of the dwelling or 50.0 square metres (538.21 ft.²) of floor area,
whichever is the lesser.
4.19.4 Advertising
Signs shall be in accordance with the Township's Sign By-law.
4.19.5 Display of Goods and Outside Storage
There shall be no outside storage or outside display of materials, supplies,
equipment, tools, products or goods which are used for, or result from, the
home occupation.
4.19.6 Sales or Rentals
Only those goods, wares, merchandise or services that are directly related
to the permitted home occupation may be offered for sale or rent.
4.19.7 Public Nuisance
The operation of a home occupation shall not create nor become a public
nuisance, in particular in regard to noise, traffic or parking.
There shall be no equipment or process used which creates noise, vibration,
glare, fumes, odors, or electrical interference in excess of that normally
experienced in a residential neighborhood.
4.19.8 Parking
All parking spaces shall be provided on the same lot as the home
occupation, and shall be provided in accordance with the requirements of
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Section 4.26.
4.20 Hospice Care Centre
A hospice care centre as defined in this By-law shall be subject to the following
provisions:
a) Minimum lot area of 0.4 hectares;
b) Lot frontage on and access from an improved public road;
c) A maximum of six (6) bedsitting rooms may be used for hospice
purposes;
d) A minimum of 0.5 parking space is provided per bedsitting room plus 1
space per staff/volunteer;
e) The sewage disposal system is appropriately sized and approved by
the County of Northumberland to support the establishment of the
hospice care centre.
4.21 Commercial Kennels
Commercial Kennels shall only be permitted in accordance with the following
provisions:
a) A commercial kennel shall be setback a minimum of 100 metres from any
residential zone.
b) No commercial kennel shall be erected within 45 metres of the lot line of
adjacent lands held in separate and distinct ownership.
c) No more than 12 dogs over the age of 4 months shall be kept in the
commercial kennel.
d) Enclosed exercise areas or runs shall be provided.
e) A minimum of 9.3 square metres of space outside of the dwelling unit shall
be provided for each animal.
f)
Where a commercial kennel existed as of the date of passing of this By-Law
which does not comply with the foregoing setback or yard requirements,
such kennel shall not be extended, enlarged, reconstructed or altered if the
effect of such extension, enlargement, reconstruction or alteration thereof is
to further reduce or encroach on the setback, yard or yards that is or are
less than required.
4.22 Loading Space Regulations
4.22.1 Loading Space
Loading or unloading spaces are required under this By-law, in accordance
with the Loading Space Requirement Table and the owner of every building
or structure erected or used for any purpose involving the receiving,
shipping, loading or unloading of goods, wares, merchandise or raw
materials shall provide and maintain on the lot loading and unloading
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spaces accordingly. Each loading or unloading space shall be at least 9.0
metres (29.53 ft.) long, 3.5 metres (11.48 ft.) wide and have a vertical
clearance of at least 5.0 metres (16.40 ft.). In addition, adequate space
shall be provided for the parking of vehicles awaiting access to the loading
or unloading spaces.
LOADING SPACE REQUIREMENT TABLE
Area of Building
Loading Space
280 m² (3,013.99ft.²) or less 1 space
Exceeding 280 m² (3,013.99
ft.²) but not 2,300 m²
(24,757.80 ft.²)
2 spaces
Exceeding 2,300 m²
(24,757.80 ft.²) but not 7,500
m² (80,731.97 ft.²)
3 spaces
Exceeding 7,500 m²
(80,731.97 ft.²)
3 spaces, plus 1 additional space for
each additional 9,300 m² (100,107.64
ft.²) or fractional part thereof in
excess of 7,500 m² (80,731.97 ft.²)
4.22.2 Access
Access to loading spaces shall be by means of a driveway at least 6.0
metres (19.69 ft.) in width contained on the lot on which the spaces are
located and leading to an improved public street as defined herein.
4.22.3 Loading Space Surface
Driveways, loading spaces, and related aisles and turning areas shall be
maintained with a stable surface which is treated so as to prevent the raising
of dust.
4.22.4 Location
The loading space or spaces required herein shall be located on the lot
occupied by the building, structure or use for which the loading spaces are
required, and shall be located in a side or rear yard unless such space or
spaces are removed from the street line a minimum distance of 15 metres
(49.21 ft.) as measured from the street line to the nearest part of the loading
space. No loading space shall be located closer than 7.5 metres (24.6 feet)
to any other lot line.
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4.22.5 Additions to or Changes in Use of Existing Buildings
The loading space requirements referred to herein shall not apply to any
existing building so long as the gross floor area, as it exists, is not increased.
If an addition is made to the building or structure which increases the gross
floor area, then additional loading spaces shall be provided in accordance
with 4.19.1 hereof and in accordance with the provisions of the Loading
Space Requirement Table for such addition.
4.23 Lots Containing More Than One Use
Where a lot contains more than one use which is not an accessory use as
defined herein except for an accessory dwelling or dwelling unit, the lot area
requirement shall be the sum of the requirements for the separate uses thereof;
however, the lot frontage requirement shall be the greatest of the lot frontage
requirements for each individual use in the zone where such lot is located.
4.24 Lots Divided Into More Than One Zone
Where an existing lot is divided into more than one zone the provisions of the
applicable zone, save and except lot area and lot frontage, shall apply to each
zoned portion of such lot. In such instances, the zone boundary shall be
considered a lot line for the purposes of interpreting and applying the provisions
and regulations of this By-law.
Notwithstanding any other provision of this By-law to the contrary, where a
portion of an existing lot is situated on the Oak Ridges Moraine and is zoned
one or more of the Oak Ridge Moraine Zones, that portion of the lot on the Oak
Ridges Moraine may be used to calculate the minimum lot area and/or frontage
requirements of the zone category that applies to the portion of the lot not on
the Oak Ridges Moraine.
Notwithstanding any other provision of this By-law to the contrary, where a
portion of a lot is zoned Environmental Protection (EP), those lands zoned
Environmental Protection (EP) may be used in calculating the minimum lot area
and minimum lot frontage requirements.
Notwithstanding the foregoing, no lot shall be created within any zone unless
the lot created and the remnant lot comply with the minimum lot area and lot
frontage requirements of the applicable zone.
4.25 Minimum Distance Separation
Notwithstanding any other yard or setback provisions in this By-law to the
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contrary no residential, institutional, commercial, industrial or recreational use
located on a separate lot and otherwise permitted by this By-law shall be
erected or altered unless it complies with the Minimum Distance Separation
(MDS I) Formula as developed by the Ontario Ministry of Agriculture and Rural
Affairs.
Notwithstanding any other yard or setback provision in this By-law to the
contrary, no building housing livestock or manure handling facility shall be
erected or expanded unless it complies with the Minimum Distance Separation
(MDS II) Formula as developed by the Ontario Ministry of Agriculture and Rural
Affairs.
Notwithstanding the above, the Minimum Distance Separation I (MDS I)
shall not apply to vacant lots existing at the date of passing of this By-law
which are less than 4.0 hectares (9.88 acres) in area. The MDS II
provisions shall not apply to circumstances where a dwelling is built on a
vacant lot in accordance with this exemption. MDS II continues to apply to
other dwellings in the vicinity.
4.26 Mobile Vendors
Mobile vendors operations shall be located and operated in accordance with
the applicable Municipal by-law.
4.27 Parking Area Regulations
4.27.1 Parking Space Requirements
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole
use of the owner, occupant or other persons entering upon or making
use of the said premises, from time to time, one or more parking spaces
in accordance with the following Parking Space Requirements Table.
The minimum number of off-street parking spaces required shall be
calculated to the nearest whole number.
PARKING SPACE REQUIREMENTS TABLE
Type or Nature of Use
Minimum Off-Street Parking
Requirements
Single Detached and Semi-
Detached Dwellings
2.0 parking spaces per dwelling unit
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Type or Nature of Use
Minimum Off-Street Parking
Requirements
Duplex, Triplex, Fourplex, and
Row Dwellings
1.5 parking spaces per dwelling unit
Multi-Unit Dwellings
1.25 parking spaces per dwelling unit
Assembly Hall, Auditorium, Arena,
Banquet Hall, Community Centre, Place
of Entertainment, Place of Worship,
Private Club or other similar places of
assembly not otherwise specified
herein, an Eating Establishment,
including premises licensed in
accordance with the Liquor License Act,
as amended.
The greater of:
a) one (1) parking space per six (6) fixed
seats
b) one (1) parking space per 9 m² (96.88
ft.²)
c) one (1) parking space for each four
(4) persons that may be legally
accommodated at any one time
Bank, Business and/or Professional
Office, Retail Commercial
Establishment, Service Shop, Personal
Service Shop
One (1) parking space for each 18 m²
(193.76 ft.²) of gross floor area of building
directly related to the specified permitted
use
Hospital, Home for the Aged, Nursing
Home
One (1) parking space for each four (4)
dwelling units, or four (4) beds, or fraction
thereof
Hotel, Motel, Tourist Establishment,
Trailer Camp or Park, Camping Park
1.2 parking spaces for each guest room,
cottage or cabin, plus such parking facilities
as are required for an eating establishment
or entertainment lounge licensed in
accordance with the Liquor License Act, as
amended
Manufacturing, Processing, Assembly/
Fabricating Plant, Wholesale
Establishment, or Workshop
One (1) parking space per 37 m² (398.28
ft.²) of gross floor area or portion thereof
Medical or Dental Clinic
Six (6) parking spaces per doctor, plus
one parking space for each
examination room exceeding five (5)
such rooms per office
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Type or Nature of Use
Minimum Off-Street Parking
Requirements
Bed and Breakfast Establishments
and Boarding and/or Lodging
House
Two (2) parking spaces per dwelling unit,
plus one (1) parking space per guest
room
Elementary and Secondary Schools
The greater of:
a)
one and one-half (1½) parking
spaces per classroom; or
b)
one (1) parking space per 9 m²
(96.88 ft.²) of floor area in the
gymnasium; or
c)
one (1) parking space per 9 m²
(96.88 ft.²) of floor area in the
auditorium
Mobile Home in a Mobile Home Park
Two (2) parking spaces per mobile home
Warehouse
One (1) parking space per 225 m² (2,421.96
ft.²) warehousing floor area or portion
thereof
Any Other Uses Permitted by this By-law
One (1) parking space per 37 m² (398.28
ft.²) of gross floor area
4.27.2 Accessible Parking Spaces
Accessible parking spaces for the exclusive use of persons with disabilities
shall be provided in accordance with the following requirements:
4.26.2.1 Types of Accessible Parking Spaces
(a) Type A, a wider parking space which has a minimum width
of 3.4 m and signage that identifies the space as "van
accessible"
(b) Type B, a standard parking space which has a minimum
width of 2.7 m.
4.26.2.2 Access Aisles
Access aisles, the space between parking spaces that allows
persons with disabilities to get in and out of their vehicles, must
be provided for all parking spaces for the use of persons with
disabilities in off-street parking facilities.
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Access aisles may be shared by two parking spaces for the use of
persons with disabilities in an off-street parking facility and must
have a minimum width of 1.5 m with a minimum length of 6 m and
must be marked with high tonal contrast diagonal lines where the
surface is asphalt, concrete or some other hard surface.
4.26.2.3 Number of Accessible Parking Spaces Required
Accessible parking spaces shall be provided in accordance with
the following Table:
Total Parking Requirement
Number of Accessible Parking Spaces Required
Total parking requirement - 12
spaces or less
One Type A parking space
Total parking requirement 13-
100 spaces
Four percent of the total number of parking spaces.
The distribution of Type A and Type B parking
spaces shall be in accordance with Section 4.26.2.4
88 Total parking requirement
101-200 spaces
Three percent of the total number of parking spaces
plus one additional space. The distribution of Type
A and Type B parking spaces shall be in
accordance with Section 4.26.2.4
Total Parking Requirement -
201-1,000 spaces
Two percent of the total number of parking spaces
plus an additional two spaces. The distribution of
Type A and Type B parking spaces shall be in
accordance with Section 4.26.2.4
Total Parking Requirement -
greater than 1,000
One percent of the total number of parking spaces
plus an addition 11 spaces. The distribution of Type
A and Type B parking spaces shall be in
accordance with Section 4.26.2.4
4.26.2.4 Distribution of Type A and Type B Accessible Parking Spaces
Where an even number of accessible parking spaces are required
an equal number of Type A and Type B spaces must be provided.
Where an odd number of accessible parking spaces are required
the number of parking spaces required will be divided equally
between Type A and Type B spaces but the additional parking
space, the odd numbered space, may be a Type B parking space.
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4.26.2.5 Multiple Off-Street Parking Facilities Provided
Where more than one off-street parking facility is provided at a
site, the number and type of parking spaces for the use of
persons with disabilities shall be calculated according to the
number and type of parking spaces required for each off-street
parking facility. The location of accessible parking spaces where
there is more than one off street parking facility at a site the
required accessible parking spaces may be distributed among the
off-street parking facilities in a manner that provides substantially
equivalent or greater accessibility regarding distance from an
accessible entrance or user convenience.
4.27.3 Parking Area Surface
Parking spaces, areas and driveways connecting the parking space or
area with a street shall be maintained with a stable surface which is
treated so as to prevent the raising of dust or loose particles.
4.27.4 Parking Space Size and Access
Parking spaces and areas shall be designed and constructed in accordance
with the following:
(a) Each required parking space shall have a minimum width of 3.0 metres
(9.84 ft.) and a minimum length of 6.0 metres (19.68 feet).
(b) Access to the required parking spaces and areas shall be provided by
means of unobstructed driveways or passageways at least 3 metres
(9.84 ft.), but not more than 9 metres (29.53 ft.) in perpendicular width.
(c)
The aisles between parking spaces within a parking area shall have a
minimum width of 5.5 metres (18.04 ft.).
(d) The maximum width of any combined ingress and egress driveway
ramp measured along the street line shall be 9 metres (29.53 ft.).
(e) The minimum distance between any two driveways on one lot, or,
between a driveway and an intersection of street lines measured along
the street line intersected by such driveway shall be 7.5 metres (24.60
ft.).
(f)
The minimum angle of intersection between a driveway and a street
line shall be 60 degrees.
(g) Every lot shall be limited to the following number of driveways, namely:
(i) up to the first 30 metres (98.42 ft.) of lot frontage, not more than
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two driveways with a combined width not exceeding thirty percent
of the lot frontage; and
(ii) for each additional 30 metres (98.42 ft.) of frontage, not more than
one additional driveway.
4.27.5 More Than One Use on a Lot
When a building or structure accommodates more than one type of use, the
parking space requirement for the whole building shall be the sum of the
requirements for the separate parts of the building occupied by the separate
types of use, unless otherwise specified herein.
4.27.6 Yards Where Permitted
Notwithstanding the yard provisions of this By-law to the contrary,
uncovered surface parking areas shall be permitted in all yards provided
that no part of any parking area, other than a driveway, is located closer
than 1.0 metre (3.28 ft.) to any street or lot line, or, for parking areas located
within Non-Residential Zones or Oak Ridges Moraine Zones, closer than 7.5
metres (24.60 ft.) to any Residential Zone or Oak Ridges Moraine Zones.
4.27.7 Additions to or Change in Use of Buildings
The parking space requirements referred to herein shall not apply to any
building or structure in existence at the date of passing of this By-law so
long as the floor area, as it existed at such date, is not increased. If an
addition is made to the building or structure which increases the floor area,
then parking spaces for the addition shall be provided as required by the
Parking Space Requirement Table. Where a change in use of the building
or structure occurs, parking spaces shall be provided in accordance with the
requirements of the Parking Space Requirement Table.
4.27.8 Use of Parking Spaces and Areas
(a) Parking areas and parking spaces required by this By-law shall be
used for the parking of operative, currently licensed vehicles only, and
for vehicles used in operations incidental to the permitted uses in
respect of which such parking areas and spaces are required or
permitted.
(b) The parking or storage of a commercial motor vehicle with a maximum
of one (1.0) tonne capacity, shall be permitted on a lot in a Residential
Zone or a lot used for a residential use in an ORM Zone category,
where such lot is 0.4 hectares or smaller.
(c)
The parking or storage of a commercial motor vehicle with a maximum
of two (2.0) tonne capacity, shall be permitted on a lot in a Residential
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Zone or a lot used for a residential use in an ORM Zone category,
where such lot is larger than 0.4 hectares.
(d) Commercial vehicles parked or stored on a lot in a Residential Zone or
lot used for a residential use in an ORM Zone category, other than
those vehicles on a delivery or similar service call, shall be owned
and/or operated by an occupant of the dwelling situated on the lot.
(e) Notwithstanding Subsections 4.27.7 (b), (c) and (d), a maximum of one
(1) school bus or vehicle for school purposes may be parked or stored
on a lot in a Residential Zone or lot used for a residential use in an
ORM Zone category provided such lot has a minimum lot area of 0.4
hectares and that the school bus or vehicle for school purposes shall
be owned, operated or driven by an occupant of the dwelling situated
on the lot.
(f)
The outside parking or storage of not more than one boat (whether on
a trailer or not), one trailer, one truck camper, one tourist trailer or
tourist vehicle may be permitted on any lot in a Residential Zone or lot
used for a residential use in an ORM Zone category, provided that:
(i) such boat, trailer, truck camper, tourist trailer or tourist vehicle is
owned by an occupant of the dwelling situated on the lot; and
(ii) the maximum length of the boat, trailer, truck camper, tourist trailer
or tourist trailer is not greater than 9.0 metres.
(g) Notwithstanding any provision of this By-law to the contrary, a semi-
trailer as defined in this By-law, or trailer with a trailer converter dolly
as defined in this By-law, shall not be parked or stored on any lot in a
Residential Zone or lot used for a residential use in an ORM Zone
category.
4.27.9 Parking Space Location on Other Lots for Non-Residential Uses
Except as permitted in Section 4.26.1, a required parking area shall not form
part of a street or lane. The required parking area shall be provided on the
lot occupied by the building, structure or use for which said parking area is
required, except in the case of a non-residential use, the required parking
area may be provided on another lot if such parking area is not more than
150 metres (492.13 feet) from the lot requiring the parking area.
4.28 Prohibited Uses
The following uses are prohibited in any Zone:
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(a)
Blood boiling, bone boiling, extracting oil from fish or animal matter,
manufacture or storage of fertilizers from dead animals or animal waste.
(b)
A track for the racing of motor vehicles, motorcycles, snowmobiles or
recreational vehicles on a commercial basis, except for special
events as approved by Council.
(c)
Except as specifically provided herein, any mobile home or any
rented site for a mobile home, or any mobile home park.
(d)
Except as specifically provided herein, the use of tents and trailers
for permanent human habitation or for business or other purposes.
(e)
Waste disposal areas and sewage treatment facilities, including sewage
lagoons are prohibited except where specifically permitted by this By-
law.
(f)
Incinerators for the disposal of waste materials, with the exception of
agricultural operations in accordance with normal farm practices as
defined in the Farming and Food Production Protection Act.
(g)
No use shall be permitted which, from its nature or the materials used
therein, is declared by the Ministry of the Environment Conservation
and Parks (MOECP), the local Health Unit or the Council of the
Corporation of the Township of Alnwick/Haldimand to be a noxious
use.
4.29 Public Uses
4.29.1 General
Except as provided for in Section 4.28.2 hereof, the provisions of this
By-law shall not apply to prohibit the use of any lot or the erection or use of
any building or structure for the purposes of public services provided by
the Corporation of the Township of Alnwick/Haldimand or any Public
Authority including any department of the County of Northumberland or
any Department or Ministry of the Government of Canada or Ontario, or
any Conservation Authority, and for the purposes of this section shall
include Hydro One; any telephone or telecommunication, cable television
or telegraph company; and, any natural gas distribution system operated
by a company which possesses all the necessary powers, rights, licenses
and franchises.
Solid waste landfill sites, sewage treatment facilities and municipal
composting facilities shall not be considered to be public uses for the
purposes of this section.
4.29.2 Location Restrictions
Notwithstanding the provisions of Section 4.28.1 hereof to the contrary,
where a particular use is specifically authorized in a zone category or
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categories, such use shall not be permitted in any other zone category for
which it is not specifically authorized regardless of whether such use is to be
carried on by a public authority.
4.29.3 Streets and Installations
Nothing in this By-law shall prevent land to be used as a street or prevent
the installation of a water main, sanitary sewer main, storm sewer main,
gas main, pipe line or overhead or underground hydro, telephone or other
supply and/or communication line, provided that the location of such main
or line has been approved by the Corporation of the Township of
Alnwick/Haldimand. Such approval should not be required for any electric
power facility authorized under the Environmental Assessment Act.
4.30 Secondary Dwellings
A secondary dwelling unit as defined in this By-law shall be subject to the
following provisions:
4.30.1 Secondary Dwellings in a Residential Zone
Where permitted, a secondary dwelling unit is subject to the following
provisions:
a) A maximum of two secondary dwelling units per lot may be permitted.
One (1) additional dwelling unit may be permitted within an existing or
new single detached, semi-detached or row dwelling. One (1)
additional dwelling unit may also be permitted within a building or
structure accessory to single detached, semi-detached or row dwelling.
b) Secondary dwelling units shall be clearly subordinate to the main use
on the same lot;
c) The maximum floor area used for a second dwelling unit within a
primary dwelling shall not exceed 50% of the gross floor area of the
entire building in which it is located.
d) A secondary dwelling unit is not permitted on a property where there is
a garden suite also situated;
e) One (1) parking space is required for each secondary dwelling unit, in
addition to the parking required for the single detached, semi-detached
or townhouse dwelling. Tandem parking to accommodate secondary
dwelling units is permitted;
f)
Secondary dwelling units shall be serviced by municipal water where
available;
g) A minimum lot area of 0.4 hectares;
h) Secondary dwelling units are only permitted on lots with direct frontage
on a year round maintained road;
i)
The sewage disposal system is appropriately sized and approved by
the County of Northumberland to support the establishment of the
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secondary dwelling unit(s);
j)
A secondary dwelling unit is not permitted in the following areas:
-
a floodplain or an area rendered inaccessible to people and
vehicles during times of flooding;
-
a lot on a private road or unmaintained municipal road allowance;
k) Where a secondary dwelling unit is located within a detached ancillary
building, the following provisions apply:
-
A secondary dwelling unit must be located in the interior side yard
or rear yard of the primary dwelling. Notwithstanding the foregoing,
on lands within the Rural Residential (RR) Zone, the Rural (RU)
Zone, the Agricultural (A) Zone, or on waterfront lots, second
dwelling units located in ancillary buildings are permitted in the front
yard subject to the minimum front yard requirement of the zone;
-
A maximum coverage of 40% of the yard in which the secondary
dwelling unit is located.
-
A maximum gross floor area of 50% of the primary dwelling, or 50
square metres where the principal dwelling has a footprint of 100
square metres or less.
-
A minimum interior side yard and a minimum rear yard of 1.2
metres; or in the case of lands within the Rural Residential (RR)
Zone, the Rural (RU) Zone, or the Agricultural (A) Zone, the
minimum interior side yard and rear yard requirements of the zone
apply;
-
A maximum height of 4.5 metres. The height may exceed 4.5
metres to a maximum height of 7 metres subject to the minimum
yard requirements of the zone, and
-
A minimum setback of 1.5 metres from the primary dwelling located
on the same lot.
4.30.2 Secondary Dwellings within the Oak Ridges Moraine Conservation
Plan Area
Within areas subject to the Oak Ridges Moraine Conservation Plan, a
maximum of one secondary dwelling is permitted, provided that:
a) Within areas subject to the Oak Ridges Moraine Conservation Plan, a
maximum of one secondary dwelling is permitted within a single
dwelling as defined in the Oak Ridges Moraine Conservation Plan,
provided that:
b) The single dwelling is not within a Natural Core or Natural Linkage Area
as set out in Oak Ridges Moraine Conservation Plan;
c) A secondary dwelling is not permitted on a property where a converted
dwelling, duplex, garden suite or coach house dwelling is also situated;
d) A minimum of 1 parking space is provided for the secondary dwelling, in
addition to parking required for the single detached dwelling;
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e) The sewage disposal system is appropriately sized and approved by
the County of Northumberland to support the establishment of the
secondary dwelling;
f)
The lot has frontage on and access from an improved public road;
g) A Secondary Dwelling is not permitted in a semi-detached or
townhouse dwelling, within the Oak Ridges Moraine Conservation Plan
Area; and
h) Notwithstanding Section 4.29.1 a) a secondary dwelling unit within an
accessory structure is not permitted within the Oak Ridges Moraine
Conservation Plan Area.
4.31 Setbacks From Water Bodies and Watercourses and Special Provisions
For Lake Ontario
4.31.1 General Setback for Buildings
New development shall be set back a minimum of 30.0 metres (98.42 ft.)
from the normal high water mark of all water bodies and watercourses,
including the boundaries of wetlands within the Environmental Protection
(EP) Zone. Greater setbacks may be required by the Conservation
Authority having jurisdiction.
4.31.2 Setbacks from Lake Ontario
Property owners should consult with the Lower Trent Conservation
Authority, under Ontario Regulation 163/06 and/or the Ganaraska Region
Conservation Authority, under Ontario Regulation 168/06 regarding the
required setbacks pursuant to the applicable regulation.
4.31.3 Special Provisions for Lake Ontario Shoreline
Certain lots having existing development and zoned Shoreline Residential
(SR) and Limited Service Residential (LSR) adjacent to the Lake Ontario
shoreline have a suffix denoted "HL", for example, "SR- HL" and "LSR-
HL". The "HL" suffix recognizes that those lots may be subject to natural
hazards related to Lake Ontario including flooding, erosion, wave uprush,
and dynamic beach hazards. New development on lots with an "HL" suffix
shall be subject to the provisions of Section 4.30.2, and shall require the
approval of the Conservation Authority.
4.31.4 Special Provisions for Rice Lake Shoreline
Section 4.30.1 also applies to lots adjacent to the shoreline of Rice Lake
including lots on islands in Rice Lake, and further, no new development
shall be permitted below an elevation of 187.9 metres Geodetic Survey of
Canada (GSC), which is the regulatory flood elevation of Rice Lake, without
the written approval of the local Conservation Authority.
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4.31.5 Regulated Flood Plains
Notwithstanding any other provision of this By-law to the contrary, no
development, as defined in this By-law, shall be permitted in a regulatory
flood plain without prior written approval from the Conservation Authority
having jurisdiction. For clarity, this shall include lands both on and off the
Oak Ridges Moraine. Schedules "A" and "B" of this By- law identify known
regulatory flood plains.
4.32 Setbacks on County Roads and Provincial Highways
The minimum setback from the centreline of a County road or Provincial
highway shall be in accordance with the requirements of the County of
Northumberland and/or the Ministry of Transportation. In the event that there
is a conflict between a County road setback and a lot setback identified in this
zoning by-law, the more restrictive setback requirement takes precedence.
4.33 Special Separation Distances - Pipeline Right-Of-Way
Notwithstanding the minimum yard provisions of this By-law to the contrary,
the minimum setback from a pipeline right-of-way for any building or structure
shall be 10 metres (32.81 ft.) or such greater distance as required by the
pipeline authority.
Pits and quarries are subject to a 30-metre excavation setback to be
maintained on both sides of the pipeline right-of-way.
4.34 Special Separation Distances - Pits and Quarries and Sensitive Land Uses
Notwithstanding the minimum yard provisions of this By-law to the contrary,
the following separation distances shall apply for Extractive Industrial and
sensitive land uses:
4.34.1 The minimum separation distance between a sensitive land use and the
boundary of an Extractive Industrial (ME) Zone or Oak Ridges Moraine
Mineral Extractive (ORMME) Zone of a pit operating above the ground water
table shall be 150 metres (492.13 feet).
The minimum separation distance between a sensitive land use and the
boundary of an Extractive Industrial (ME) Zone or Oak Ridges Moraine
Mineral Extractive (ORMME) Zone of a pit operating below the ground
water table shall be 300 metres (984.25 feet).
The minimum separation distance between a sensitive land use and the
boundary of an Extractive Industrial (ME) Zone or Oak Ridges Moraine
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Mineral Extractive (ORMME) Zone of a quarry shall be 500 metres
(1,640.42 feet).
4.34.2 No sensitive land use shall be permitted within the separation distances set
out in Section 4.35.1, and no pit or quarry shall be permitted within the
separation distances set out in Section 4.35.1, unless appropriate measures
have been undertaken to mitigate adverse or potential adverse impacts from
the pit or quarry use such as visual impacts, noise, dust, traffic, or
groundwater quality or quantity. Adverse impacts may be addressed by
means that are acceptable to the Corporation in consultation with the
appropriate authority such as the Ministry of Natural Resources and the
Ministry of Environment. An amendment to this By-law shall be required to
reduce the separation distances of Section 4.35.1.
4.35 Special Separation Distances - Railway Corridors
Notwithstanding the minimum yard provisions of this By-law to the contrary the
minimum setback for residential and institutional uses or an assembly hall or
office building from a railway corridor is 120 metres (393.70 ft.).
Notwithstanding the foregoing, the minimum setback shall be 30 metres (98.42
ft.) where a 2.5 metre (8.20 ft.) high safety berm and a 1.83 metre (6.0 ft.) high
chain link security fence is installed.
4.36 Special Separation Distances - Waste Disposal Areas
Notwithstanding the minimum yard provisions or other separation distances of
this By-law to the contrary, the minimum separation distance between a
sensitive land use shall be:
(a)
500 metres (1,640.41 feet) to a Waste Disposal Industrial (MD)
Zone waste disposal area or sanitary landfill site; or
(b)
120 metres (393.7 feet) to a Waste Disposal Industrial (MD) Zone waste
transfer station, recycling facility, sewage treatment facility, or salvage
yard; except where the provisions of Section 4.33 would require a
greater minimum setback.
4.37 Shipping Containers
Shipping containers may be used as an accessory structure for storage
purposes in the Agricultural, Rural, Commercial Rural and Industrial Zones
provided the following provisions are met:
4.37.1 Shipping containers are required to meet the regulations for a permitted
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use;
4.37.2 Shipping containers are not permitted in a Residential Zone except on a
temporary basis for moving purposes for a period not to exceed 7 days in
which case the shipping container must be located on the driveway. A
shipping container is also permitted in a Residential Zone for the storage of
materials during construction and must be removed from the property upon
the completion of construction which will be deemed to be the date of the
issuance of an occupancy permit. A shipping container used for temporary
storage in a Residential Zone shall not exceed a maximum height of 3
metres and a maximum length of 6 metres;
4.37.3 The use of shipping containers shall be accessory to the main permitted use
of the property;
4.37.4 Shipping containers shall only be permitted in a rear yard and shall not be
permitted in a required parking area;
4.37.5 Shipping containers shall be screened from the road frontage and adjacent
buildings;
4.37.6 Shipping containers are not permitted on properties adjacent to residential
uses or lands zoned for residential use or a Community Facility or Open
Space Zone;
4.37.7 Shipping Containers may be placed in an Industrial Zone as an accessory
storage structure subject to the following provisions:
(a) Minimum lot area .4 ha
(b) A maximum of one (1) shipping container is permitted per.4 ha lot area
to a maximum of four (4) containers.
(c) Maximum Shipping Container Area 51 m2
4.37.8 Shipping containers are permitted in the Rural, General Commercial, and
Agricultural Zones as an accessory storage structure subject to the following
provisions:
(a) Minimum Lot Area .4 ha
(b) A maximum of one (1) shipping container is permitted
(c) Maximum Shipping Container Area 51 m2
4.37.9 Shipping containers shall not be used for human habitation, display,
advertising, screening or fencing.
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4.38 Sight Triangles
Notwithstanding any other provisions of this By-law to the contrary, no person
shall, within a sight triangle park a motor vehicle, as defined in the Highway
Traffic Act, or erect any building or structure which would obstruct the vision of
drivers of motor vehicles or use any land for the purposes of growing shrubs or
trees in excess of 1.0 metre (3.28 ft.) in height.
4.39 Through Lots
Where a lot, which is not a corner lot, has lot frontage on more than one
street, the setback and front yard requirements contained herein shall apply
on each street in accordance with the provisions of the Zone or Zones in
which such lot is located.
4.40 Wayside Pits and Quarries
Notwithstanding the minimum yard provisions of this By-law to the contrary the
following provisions shall apply for a wayside pit or quarry use:
4.40.1 No wayside pit or wayside quarry use may be established or made within
100 metres (328.08 ft.) of any lands zoned for residential, commercial or
institutional uses, or lands zoned Environmental Protection (EP).
4.40.2 No new residential, commercial or institutional development shall be
permitted within 100 metres (328.08 ft.) of an existing wayside pit or
wayside quarry for the length of time that such wayside pit or quarry is in
operation.
4.40.3 No wayside pit or wayside quarry use may be established or made within
100 metres (328.08 ft.) of any waterbody or watercourse.
4.40.4 A portable asphalt plant and/or portable processing plant may be permitted
within the area of such pit or quarry as an accessory use thereto.
4.40.5 Notwithstanding the above, the establishment of wayside pits and quarries
on the Oak Ridges Moraine shall be in accordance with the applicable
provisions of the Oak Ridges Moraine Conservation Plan.
4.41 Alternative Energy Systems and Renewable Energy Systems
Alternative energy systems and renewable energy systems, including wind
facilities, solar facilities, bio-energy facilities and waterpower facilities, shall be
regulated in accordance with the provisions of applicable Provincial and Federal
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requirements.
4.42 Oak Ridges Moraine Provisions
4.42.1 Single Detached Dwelling Permitted
(a) Notwithstanding any provision of this By-law, within the Oak Ridges
Moraine Conservation Plan Area, a single detached dwelling is a
permitted use, if a single detached dwelling was a permitted principal
use or accessory use in the former Township of Haldimand
Comprehensive Zoning By-law No. 619 or in the former Township of
Alnwick Comprehensive Zoning By-law No. 1001-73, as of November
15, 2001, provided the single detached dwelling complies with all
other provisions of the applicable zone, and the applicable provisions
of Section 4 of this By-law, and further, the applicant submits
information at the time of building permit application that the use,
erection and location will not, to the extent possible, adversely affect
the ecological integrity of the Oak Ridges Moraine. This information
may include a natural heritage evaluation and/or hydrological
evaluation completed in accordance with the Oak Ridges Moraine
Conservation Plan and will be approved by the Township in
consultation with the local Conservation Authority. Approval of the
development is subject to site plan approval by the Township. For
the purposes of this zone provision, the term "single detached
dwelling" as defined in Section 3A of this By-law shall mean the same
as a "single dwelling" as defined in Section 3B.
Notwithstanding any other provision of this By-law to the contrary,
where a single detached dwelling is permitted under the above
provisions, the applicable regulations of Section 7.2 (Regulations for
Rural Residential (RR) Zone) of this By-law shall apply.
4.42.2 Expansion of Existing Buildings and Structures, and Accessory
Uses
(a) The expansion of legally existing non-agriculture-related buildings
and structures in any zone is permitted to a maximum of 100
percent of the ground floor area of the building or structure as of
November 15, 2001. Provided all other regulations of this By-law are
met, there is no restriction on the size of the expansion of legally
existing agriculture-related buildings and structures in any zone.
(b) New accessory uses, buildings and structures, including swimming
pools, related to the existing uses are permitted in any zone
provided that:
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i) the accessory use, building or structure complies with all
provisions of the applicable zone and the applicable provisions of
Section 4 of this By-law;
ii) such expansion complies with all provisions of the applicable
zone and the applicable provisions of Section 4 of this By- law;
and
iii) such expansion will not adversely affect the ecological integrity of
the Oak Ridges Moraine. A natural heritage evaluation and/or
hydrological evaluation may be required and will be approved by
the Township in consultation with the local Conservation Authority.
Approval of the development is subject to site plan approval by the
Township.
(c)
Where the expansion of an existing building or structure or the
establishment of an accessory use, building or structure intrudes on
areas within the Oak Ridges Moraine Environmental Zone or the
Oak Ridges Moraine Environmental Plan Review Zone areas as
shown on Schedules "B", the applicant may be required to submit a
natural heritage evaluation and/or a hydrological evaluation
completed in accordance with the Oak Ridges Moraine Conservation
Plan and will be approved in conjunction with the local Conservation
Authority. Approval of the development is subject to site plan approval
by the Township.
4.42.3 Mineral Aggregate Operation
(a) Notwithstanding the provisions of this by-law, existing mineral
aggregate operations or existing wayside pits within the Oak
Ridges Moraine Core (ORMC) Zone may not be expanded
beyond the boundary of the area under license or permit.
(b) The establishment or expansion of a mineral aggregate operation in
accordance with the policies of the Official Plan shall comply with
the provisions of Section 4.34 of this By-law, with respect to the
zoning on surrounding properties.
4.42.4 Areas of High Aquifer Vulnerability
(a) Notwithstanding any other provisions of this By-law to the contrary,
the following uses are prohibited within an Area of High Aquifer
Vulnerability as indicated by the zone shown on Schedule "C",
attached hereto and forming part of this By-law:
i) generation or storage of hazardous waste or liquid industrial
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waste;
ii) waste disposal sites and facilities, organic soil conditioning
sites, and snow storage and disposal facilities;
ii) underground and above-ground storage tanks that are not
equipped with an approved secondary containment device; and
iii) the use, creation, handling or storage of aflatoxin,
tetrachlorodibenzo-p-dioxin, pentachlorodibenzo-p-dioxin,
hexachlorodibenzo-p-dioxin, or tetrachlorodibenzo furan, or other
contaminants listed in Schedule 3 (Severely Toxic Contaminants)
to Regulation 347 of the Revised Regulations of Ontario, 1990.
4.42.5 Landform Conservation Area
(a) Notwithstanding any other provisions of this By-law to the contrary,
the following provisions shall apply within a Landform Conservation
Area (Category 1) as indicated on Schedule D attached hereto and
forming part of this By-law.
i) the net developable area of the site that is disturbed shall not
exceed 25 percent of the total site area; and
ii) the net developable area of the site that has impervious
surfaces shall not exceed 15 percent of the total site area.
(b) Notwithstanding any other provisions of this By-law to the contrary,
the following provisions shall apply within a Landform Conservation
Area (Category 2) as indicated on Schedule D attached hereto and
forming part of this By-law.
i) the net developable area of the site that is disturbed shall not
exceed 50 percent of the total site area; and
ii) the net developable area of the site that has impervious
surfaces shall not exceed 20 percent of the total site area.
4.42.6 Rapid Infiltration Basins and Columns
Notwithstanding any other provisions of this By-law to the contrary, new
rapid infiltration basins and new rapid infiltration columns as defined in
Section 3B of this By-law are prohibited on lands within the Oak Ridges
Moraine Conservation Plan Area, as shown on Schedules B of this By-
law.
4.42.7 Transportation, Infrastructure and Utilities
(a) Notwithstanding any other provisions of this By-law to the contrary, all
new transportation, infrastructure and utilities uses listed below, and
all upgrading or extension of existing transportation, infrastructure
and utilities uses, including the opening of a road within an
unopened road allowance, are prohibited on lands within an Oak
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Ridges Moraine Environmental Zone as shown on Schedule B of
this By-law:
i) public highways;
ii) transit lines, railways and related facilities;
iii) gas and oil pipelines;
iv) sewage and water service systems and lines and
stormwater management facilities;
v) power transmission lines;
vi) telecommunications lines and facilities, including
broadcasting towers;
vii) bridges, interchanges, stations, and other structures, above and
below ground, that are required for the construction, operation or
use of the facilities listed in Clauses i) to vi) above; and
viii) rights-of-way required for the facilities listed in Clauses i) to vii)
above.
(b) Notwithstanding Section 4.41.7(a) of this By-law to the contrary,
transportation, infrastructure, and utilities uses may be permitted to
cross an Oak Ridges Moraine Environmental Zone, as shown on
Schedule B of this By-law, in accordance with all applicable
policies of the Official Plan.
4.42.8 Calculation of Zone Provisions - ORME Zone
Notwithstanding any other provisions of this By-law to the contrary,
lands zoned Oak Ridges Moraine Environmental (ORME) Zone on
Schedules B may be included in the calculation of any zone provisions
for adjoining lands, provided that such lands used in the calculation
are part of the same lot.
4.42.9 Waste Disposal Industrial and Assessment Area
Lands Zoned MD-1 on Schedule B shall be subject to the provisions of
Section 16.5.1 of this By-law.
Where a holding symbol "(H)" has been applied in relation to the "Waste
Disposal Industrial Assessment Area" shown on Schedule B, the
provisions of Section 4.17 of this By-law shall apply, and the holding
symbol "(H)" shall only be removed upon the completion of
corresponding criteria as outlined in Section 4.17.3 of this By-law.
4.42.10 Compliance with Township of Alnwick/Haldimand Official Plan and
Oak Ridges Moraine Conservation Act and Plan
Notwithstanding any provision of this By-law to the contrary, all
development shall comply with all applicable policies of the Official Plan of
the Township of Alnwick/Haldimand related to the Oak Ridges Moraine
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Conservation Plan Area.
Where there is a conflict between this By-law and the Oak Ridges
Moraine Conservation Act, or the Oak Ridges Moraine Conservation
Plan, the more restrictive provisions shall prevail.
4.42.11 Existing Uses (Legal Non-Conforming Uses)
Notwithstanding any other provisions of this By-law to the contrary, uses
that existed legally as of November 15, 2001, may continue until the
use(s) cease to exist.
4.43 Accommodation in The Vicinity Of A Resort
Notwithstanding any other provision of this By-law to the contrary, within 2
km of lands shown as Recreation Commercial Exception No. 4 (RC-4) in
part of Lots 22 and 23, Concession 2, in the former Township of Haldimand,
an existing dwelling unit may be converted to no more than three (3) guest
rooms.
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Section 5 - Rural (RU) Zone
No person shall within any Rural (RU) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
5.1
Permitted Uses
5.1.1
a single detached dwelling
5.1.2
a converted dwelling containing a maximum of two dwelling units
5.1.3
a secondary dwelling unit
5.1.4
an abattoir
5.1.5
an agricultural or farm use
5.1.6
an agriculture-related WEGS accessory to a farm use in accordance
with section 4.37 of this By-law
5.1.7
a bed and breakfast establishment
5.1.8
a cemetery
5.1.9
a commercial kennel
5.1.10
a commercial greenhouse
5.1.11
a conservation area including recreation activities, nature study and
wildlife areas, or other similar use as provides for the preservation of
the natural environment
5.1.12
a farm produce outlet
5.1.13
a feed mill
5.1.14
forestry and reforestation
5.1.15
a garden nursery sales and supply establishment
5.1.16
a grain cleaning plant
5.1.17
a grain drying and storage facility
5.1.18
a group home
5.1.19
a home industry
5.1.20
a home occupation
5.1.21
a livestock sales barn
5.1.22
a portable asphalt plant
5.1.23
a public use in accordance with section 4.28.1 of this By-law
5.1.24
a riding or boarding stable
5.1.25
a veterinary clinic
5.1.26
a wayside pit or quarry
5.2
Regulations For Uses Permitted in Section 5.1
5.2.1
Minimum Lot Area:
5 ha (12.36 ac.)
5.2.2
Minimum Lot Frontage:
60 m (196.85 ft.)
5.2.3
Minimum Front Yard Depth
12 m (39.37 ft.)
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5.2.4
Minimum Exterior Side Yard Width
12 m (39.37 ft.)
5.2.5
Minimum Interior Side Yard Width
6 m (19.68 ft.)
5.2.6
Minimum Rear Yard Depth
12.0 m (39.37 ft.)
5.2.7
Maximum Building Height
11.0 m (36.09 ft.)
5.2.8
Maximum Lot coverage of All Buildings
15%
5.2.9
Maximum Number of Dwellings Per Lot
1
5.2.10
Maximum Number of Dwelling Units Per Lot
2 (for a converted
dwelling only)
5.3
General Zone Provisions
All provisions of Section 4, General Zone Provisions, of this By-law where
applicable to the use of any land, building or structure permitted within the
Rural (RU) Zone shall apply.
5.4
Special Rural (RU) Zones
Notwithstanding the provisions outlined in the above sections for the
Rural (RU) Zone to the contrary, the following sections outline site
specific Rural (RU) exception zone categories. All other provisions of
the Rural (RU) Zone shall apply and be complied with.
5.4.1
RU-1
Part Lots 5 and 6 Concession 3 and 4 (Geographic -
Alnwick)
On lands zoned Rural Exception No. 1 (RU-1) the minimum lot area
requirement shall be 28 hectares.
5.4.2
RU-2
Part Lots 22 and 23, Concession 5 (Geographic - Alnwick)
On lands zoned Rural Exception No. 2 (RU-2) the minimum lot area
requirement shall be 19.9 hectares and the minimum lot frontage
requirement shall be 39 metres.
5.4.3
RU-3
Part Lot 21, Concession 6 (Geographic - Alnwick)
On lands zoned as Rural Exception No. 3 (RU-3) the minimum lot
area requirement shall be 3.6 hectares.
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5.4.4
RU-4
Part Lot 15, Concession 1 (Geographic - Alnwick)
On lands zoned Rural Exception No. 4 (RU-4) the minimum lot area
requirement shall be 2.9 hectares and the minimum lot frontage
requirement shall be 150 metres.
5.4.5
RU-5
Part Lot 21, Concession 6 (Geographic - Alnwick)
On lands zoned Rural Exception No. 5 (RU-5) a motor vehicle
and farm equipment repair garage, with a total floor area of not more
than 930 square metres shall be the only permitted use.
For the purposes of this section, a motor vehicle and farm
equipment repair garage shall not include any outdoor storage of
tires, either new or used and shall not include a wrecking yard where
derelict motor vehicles are stored or dismantled for parts.
5.4.6
RU-6
Part Lot 9, Concession 4 (Geographic - Alnwick)
On lands zoned Rural Exception No. 6 (RU-6) the minimum lot
area requirement shall be 4.86 hectares.
5.4.7
RU-7
Part of Lots 22, 23 and 24, Concession 2 and Part of the
Original Road Allowance Between Lots 22 and 23 Concession 2
(Geographic - Haldimand)
On lands zoned Rural Exception No. 7 (RU-7), commercial wells
and a water packaging and bottling operation shall also be permitted
uses. The minimum lot area requirement shall be 37 hectares.
In addition to the uses permitted on lands zoned Rural Exception
No. 7 (RU-21) Zone, uses accessory and incidental to the main
uses permitted in the Recreation Commercial Exception No. 4 (RC-
4) Zone shall be permitted on lands zoned RU-7, provided any
structures comply with the Rural Exception No. 7 (RU-7) Zone
Provisions.
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5.4.8
RU-8
Part Lot 6, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 8 (RU-8) the following
provisions shall apply and be complied with:
a)
Permitted Uses
i. A golf driving range with ancillary uses not to exceed
50 square metres in floor area
b)
Zone Provisions
i. Minimum Lot Area - 5.5 hectares
ii. Minimum Front Yard - Existing house: The front yard of
the residential structure existing on the lands as of
September 1, 1998 is hereby deemed to be the
minimum front yard for this structure. Any enlargement
of this building must be located in such a way that it
does not further reduce the existing front yard and does
not extend laterally to create any additional
encroachment on the minimum front yard of 22.86
metres.
In addition, on lands zoned the Rural Exception No. 8 (RU-8) the
minimum lot area requirement shall range from 5.50 hectares to 4.65
hectares. All other provisions of the Rural Exception 8 (RU-8)
shall apply in all other respects.
5.4.9
RU-9
Part Lot 26, Concession 1 (Geographic - Haldimand)
The Rural Exception No. 9 (RU-9) the following provisions shall
apply and be complied with:
a) Permitted Uses
i.
Commercial Nursery and Greenhouse
b) Zone Provisions
i.
Minimum Lot Area - 3.9 hectares
ii. Minimum Lot Frontage - 100 metres
iii. Minimum Front Yard Depth - 12 metres
iv. Minimum Setback from Street Centreline - 22
metres
v. Minimum Parking Space Requirements - 12 spaces
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5.4.10
RU-10
Part Lot 14, Concession 5 (Geographic - Haldimand)
On lands zoned Rural Exception No. 10 (RU-10) the minimum lot
area requirement shall be 1.75 hectares and the minimum lot
frontage requirement shall be 135 metres.
5.4.11
RU-11
Part Lot 14, Concession 5 (Geographic - Haldimand)
On lands zoned Rural Exception No. 11 (RU-11) the minimum lot
area requirement shall be 2.50 hectares.
5.4.12
RU-12
Part Lot 35, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 12 (RU-12) the minimum lot
area requirement shall be 3.50 hectares and the minimum lot
frontage requirement shall be 76 meters.
5.4.13
RU-13
Part Lot 13, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Exception No. 13 (RU-13) the minimum lot
area shall be 2.13 hectares and the minimum lot frontage
requirement shall be 70 metres.
5.4.14
RU-14
Part Lot 16, Concession 9 (Geographic - Haldimand)
On lands zoned Rural Exception No. 14 (RU-14) the minimum lot
area requirement shall be 2 hectares and the minimum lot frontage
requirement shall be 98 metres.
5.4.15
RU-15
Part Lot 1, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 15 (RU-15) a golf driving range
with ancillary uses not exceeding 50 square meters in floor area
shall be permitted. The minimum lot area requirement shall be 32.40
hectares and the minimum lot frontage shall be 114.30 metres. The
provisions of the Rural (RU) Zone shall apply in all other respects.
Township of Alnwick/Haldimand
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November 28, 2019
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5.4.16
RU-16
Part Lot 16, Concession 9 (Geographic - Haldimand)
On lands zoned Rural Exception No. 16 (RU-16) the minimum lot
area requirement shall be 2.5 hectares and the minimum lot frontage
requirement shall be 150 metres.
5.4.17
RU-17
Part Lot 11, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 17 (RU-17) the minimum lot
area requirement shall be 1.22 hectares and the minimum lot
frontage requirement shall be 61 meters.
For the purposes of this section the front line shall be the lot line
abutting the road allowance between Concessions 3 and 4 and the
lot frontage shall be determined along the road allowance publicly
named Boeve Lane. The Rural Exception No. 17 (RU-17)
acknowledges the existing storage shed at the present location.
5.4.18
RU-18
Part Lot 11, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 1 8 (RU-18) the minimum
lot area requirement shall be 8.1 hectares and the minimum lot
frontage requirement shall be 45.72 metres.
5.4.19
RU-19
Part Lots 18, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 19 (RU-19) the minimum lot
area requirement shall be 24.3 hectares and the minimum lot
frontage requirement shall be 15.24 metres.
5.4.20
RU-20
Part Lot 17, Concession 9 (Geographic - Haldimand)
On lands zoned Rural Exception No. 20 (RU-20) the minimum lot
area requirement shall be 1.94 hectares and the minimum lot
frontage requirement shall be 97.54 metres.
For the purposes of this section, lot frontage shall be calculated
along George Road.
5.4.21
RU-21
Part Lot 17, Concession 9 (Geographic - Haldimand)
On lands zoned Rural Exception No. 21 (RU-21) the minimum lot
area requirement shall be 3.65 hectares and the minimum lot
frontage requirement shall be 121.92 metres.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 105 of 240
5.4.22
RU-22
Part Lot 4, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 22 (RU-22) the minimum lot
area requirement shall be 1.42 hectares and the minimum lot
frontage requirement shall be 76.20 metres.
For the purposes of this section, lot frontage shall be calculated
along Dudley Road.
5.4.23
RU-23
Part Lot 13, Concession 5 (Geographic - Haldimand)
On lands zoned Rural Exception No. 2 3 (RU-23) the minimum
lot area requirement shall be 1.62 hectares and the minimum lot
frontage requirement shall be 83.82 metres. For the purposes of
this section, the lot frontage shall be calculated along Eddystone
Road.
5.4.25
RU-25
Part Lot 20, Concession A (Geographic - Haldimand)
Notwithstanding any other provision of this By-law to the contrary,
within the Rural Exception No. 25 (RU-25) Zone, all residential uses
are prohibited. All other provisions of the Rural (RU) Zone shall
apply.
5.4.26
RU-26
Part Lots 11 and 12, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 2 7 (RU-27) the minimum
lot area requirement shall be 4.05 hectares and the minimum lot
frontage requirement shall be 121.92 metres.
5.4.27
RU-27
Part Lots 11 and 12, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 2 7 (RU-27) the minimum
lot area requirement shall be 2.84 hectares and the minimum lot
frontage requirement shall be 68.58 metres.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 106 of 240
5.4.28
RU-28
Part Lots 11 and 12, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 2 8 (RU-28) the minimum
lot area requirement shall be 16.2 hectares and the minimum lot
frontage requirement shall be 45.72 metres
5.4.29
RU-29
Part Lot 23, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 2 9 (RU-29) the minimum
lot area requirement shall be 10.13 hectares.
5.4.30
RU-30
Part Lots 5 & 6, Concession 30 (Geographic - Haldimand)
On lands zone Rural Exception No. 3 0 (RU-30) no buildings
or structures or excavations shall be established within 10 metres
from the limits of the TransCanada Pipeline right-of-way.
5.4.31
RU-31
Part Lots 18 and 19, Concession 2 (Geographic- Haldimand)
On lands zoned Rural Exception No. 31 (RU-31) the following shall
apply:
a. Zone Provisions
i.
Minimum Lot Area - 2.43 hectares.
ii. Minimum Lot Frontage - 106.68 metres
iii. Minimum Interior Side Yard (North Lot Line) - 30.48 metres
iv. Minimum Rear Yard - 31.48 metres
5.4.32
RU-32
Part Lots 5 and 6, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 32 (RU-32) the following shall
apply:
a. Zone Provisions
i.
Minimum Lot Area - 4.05 metres
ii. Minimum Front Yard Depth - 100 metres
iii. For the purposes of this section, lot frontage shall be
calculated along Dudley Road.
5.4.33
RU-33
Part Lots 5 and 6, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 33 (RU-33) the minimum lot
area requirement shall be 2.03 hectares.
Township of Alnwick/Haldimand
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November 28, 2019
Page 107 of 240
5.4.34
RU-34
Part Lot 27, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 3 4 (RU-34) the minimum
lot area requirement shall be 11.34 hectares. The building
setbacks shall be as existing on April 9th, 2003.
5.4.35
RU-35
Part Lot 22, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 3 5 (RU-35) the minimum
lot area requirement shall be 2.03 hectares and the minimum lot
frontage requirement shall be 60.96 metres.
5.4.36
RU-36
Part Lots 19 and 20, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 3 6 (RU-36) the minimum
lot area requirement shall be 2 hectares.
5.4.37
RU-37
Part Lot 20, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 37 (RU-37) the minimum lot
area requirement shall be 2.02 hectares and the minimum lot
frontage requirement shall be 91.44 metres.
5.4.38
RU-38
Part Lot 12, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 38 (RU-38) the minimum lot
area requirement shall be 6.88 hectares and the minimum lot
frontage requirement shall be 51.81 metres.
5.4.39
RU-39
Part Lot 12, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Exception No. 39 (RU-39) the minimum lot
area requirement shall be 8.10 hectares and the minimum lot
frontage requirement shall be 48.76 metres.
5.4.40
RU-40
Part Lot 18, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 4 0 (RU-40) the minimum
lot area requirement shall be 2.02 hectares and the minimum lot
frontage requirement shall be 106.68 metres. The building setbacks
shall be as existing on April 14th, 2004.
Township of Alnwick/Haldimand
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November 28, 2019
Page 108 of 240
5.4.41
RU-41
Part Lots 7, 8 and 9, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 41 (RU-41) the minimum lot
area requirement shall be 5.67 hectares and the minimum lot
frontage requirement shall be 45.72 metres.
5.4.42
RU-42
Part Lot 4, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 42 (RU-42) the minimum lot
area requirement shall be 1.62 hectares and the minimum lot
frontage requirement shall be 91.44 metres.
5.4.43
RU-43
Part Lot 4, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 43 (RU-43) the minimum lot
area requirement shall be 1.62 hectares and the minimum lot
frontage requirement shall be 68.58 metres. The buildings shall be
as existing on April 26th, 2006.
5.4.44
RU-44
Part Lot 35, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 44 (RU-44) the minimum lot
area requirement shall be 4.05 hectares and the minimum lot
frontage requirement shall be 152.40 metres.
5.4.45
RU-45
Part Lot 35, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 45 (RU-45) the minimum lot
area requirement shall be 2.83 hectares and the minimum lot
frontage requirement shall be 121.92 metres.
5.4.46
RU-46
Part Lot 35, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 46 (RU-46) the minimum lot
area requirement shall be 2.02 hectares and the minimum lot
frontage requirement shall be 106.68 metres.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 109 of 240
5.4.47
RU-47
Part Lot 25, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 47 (RU-47) the minimum lot
area requirement shall be 2.83 hectares and the minimum lot
frontage requirement shall be 48.76 metres.
5.4.48
RU-48
Part Lot 13, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Exception No. 48 (RU-48), the minimum lot
area requirement shall be 1.82 hectares.
5.4.49
RU-49
Part Lot 16, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Exception No. 49 (RU-49) the minimum lot
area requirement shall be 4.05 hectares and the minimum lot
frontage requirement shall be 45.72 metres.
5.4.50 RU-50
Part of Lot 31, Concession 1 (Geographic Haldimand)
On lands zoned Rural Exception No. 50 (RU-50), the minimum lot area
shall be 1.8 ha and the minimum lot area shall be 71.
5.4.51
RU-51
Part Lot 35, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 51 (RU-51 ) the minimum lot
area and the minimum lot area shall be 12.55 hectares and the
minimum lot frontage shall be 56 metres.
5.4.52
RU-52
Part Lot 6, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 52 (RU-52) the following
provisions shall apply and be complied with:
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November 28, 2019
Page 110 of 240
a)
Zone Provisions
i. Minimum Lot Area - 4.05 hectares
ii. Minimum Front Yard- Residential Uses Only - 109.72
metres In the Rural Exception No. 51 (RU-51) Zone the
front yard shall be deemed to be the frontage on Herron
Road.
iii. Minimum Exterior Side Yard- Residential Uses Only -
198.12 metres
iv. Driveway Location- the Residential driveway shall only
access Herron Road within the northerly 40 feet of
frontage on Herron Road.
5.4.53
RU-53
Part Lot 19, Concession 2 (Geographic - Alnwick)
On lands zoned Rural Exception No. 53 (RU-53) the minimum lot
area requirement shall be 2 hectares.
5.4.54
RU-54
Part Lot 14, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 54 (RU-54) the minimum lot
area requirement shall be .9 hectares and the minimum lot frontage
requirement shall be 40 metres.
5.4.55
RU-55
Part Lot 14, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 55 (RU-55) the minimum lot
area requirement shall be 4.5 hectares.
5.4.56
RU-56
Part Lot 13, Concession 3 (Geographic - Haldimand)
On lands zone Rural Exception No. 56 (RU-56) one (1) mobile
home only, used for the accommodation of persons employed on
such farm, is permitted, in addition to a permitted single detached
dwelling. The minimum lot area for the property shall be existing lot
area as of February 20, 1987.
5.4.57
RU-57
Part Lot 29, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 57 (RU-57) the minimum lot
area requirement shall be 1.21 hectares and the minimum lot
frontage requirement shall be 58 metres.
Township of Alnwick/Haldimand
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November 28, 2019
Page 111 of 240
5.4.58
RU-58
Part Lots 3, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 58 (RU-58) the minimum lot
area requirement shall be 12.0 hectares.
5.4.59
RU-59
Part Lot 14; Concession 10 (Geographic - Haldimand)
On lands zoned Rural Exception No. 59 (RU-59) the minimum lot
area requirement shall be 4 hectares and the minimum lot frontage
requirement shall be 120 metres.
5.4.60
RU-60
Part Lot 11, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Exception No. 60 (RU-60) the minimum lot
area requirement shall be 8 hectares and the minimum lot frontage
requirement shall be 150 metres.
In addition, the provisions of Sections 4.31 Special Separation
Distances- Pits and Quarries and Sensitive Uses and Section 4.22
Minimum Distance Separation Requirements- Agricultural Uses and
Section 4.33 Special Separation Distances - Waste Disposal Areas
shall not apply.
5.4.61
RU-61
Part Lot 11, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Exception No. 61 (RU-61) the minimum lot
area requirement shall be 15 hectares.
In addition, the provisions of Section 4.31 Special Separation
Distances- Pits and Quarries and Sensitive Uses and Section 4.22
Minimum Distance Separation Requirements- Agricultural Uses and
Section 4.33 Special Separation Distances - Waste Disposals Areas
shall not apply.
5.4.62
RU-62
Part Lot 10, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Exception No. 62 (RU-62) the minimum lot
area requirement shall be 30 hectares. No building or structure may
be erected within 10 metres of the TransCanada Pipeline right of
way.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 112 of 240
In addition, the provisions of Section 4.31, Special Separation
Distances- Pits and Quarries and Sensitive Uses, Section 4.22
Minimum Distance Separation Requirements- Agricultural Uses, as
well as Section 4.33, Special Separation Distances-Waste Disposal
Areas, shall not apply.
5.4.63
RU-63
Part Lot 9, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 63 (RU-63) the minimum lot
frontage requirement shall be 45.6 metres.
5.4.64
RU-64
Part Lot 19, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 64 (RU-64) the minimum lot
area requirement shall be 4 hectares and the minimum lot frontage
requirement shall be 45.6 metres.
5.4.65
RU-65
Part Lot 7, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 65 (RU-65) the minimum lot area
requirement shall be 10 hectares and the minimum lot frontage
requirement shall be 15 metres.
5.4.66
RU-66
Part Lot 7, Concession 4 (Geographic - Haldimand)
Notwithstanding the requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 66 (RU-66) the following shall apply:
a) The minimum lot area requirement shall be 12.14 hectares.
b) Delete the provision of a minimum lot frontage requirement shall
be 300 metres.
c) Delete the provision that the maximum number of dwellings and
dwelling units shall be two (2).
d) The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.67
RU-67
Part Lot 24, Concession 8 (Geographic - Haldimand)
On lands zoned Rural Exception No. 67 (RU-67) the minimum lot area
requirement shall be 4 hectares and the minimum lot frontage
requirement shall be 100 metres.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 113 of 240
5.4.68
RU-68
Part Lot 29, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 68 (RU-68) the minimum lot area
requirement shall be 3 hectares and the minimum lot frontage
requirement shall be 100 metres.
5.4.69
RU-69
Part Lot 26, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 69 (RU-69) the minimum lot area
requirement shall be 20 hectares and the minimum lot frontage
requirement shall be 45 metres. In addition, no building or structure
may be located within 15 metres of a watercourse.
5.4.70
RU-70
Part Lot 13, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 70 (RU-70) the minimum lot
area requirement shall be 3 hectares.
5.4.71
RU-71
Part Lot 8, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 71 (RU-70) the minimum lot
area requirement shall be 3 hectares.
5.4.72
RU-72
Part Lot 3, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 72 (RU-72) the minimum lot
area requirement shall be 19 hectares and the minimum lot frontage
requirement shall be 165 metres.
In addition, no residential dwelling shall be permitted within 168
metres of the existing feedlot or within 215 metres of the existing
barn both of which are located on Lot 3, Concession 4.
5.4.73
RU-73
Part Lot 35, Concession 5 (Geographic - Haldimand)
On lands zoned Rural Exception No. 73 (RU-73) the minimum lot area
requirement shall be 3.25 hectares and the minimum lot frontage
requirement shall be 143 metres.
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November 28, 2019
Page 114 of 240
5.4.74
RU-74
Part Lot 35, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 74 (RU-74) no residential
dwellings shall be permitted. The minimum lot area shall be 15
hectares and the minimum lot frontage shall be 60 metres.
5.4.75
RU-75 Part of Lot 19, Concession 3 (Geographic - Alnwick)
On lands zones Rural Exception No. 75 (RU-75) only one (1)
converted dwelling, containing a maximum of two (2) dwelling units
shall be permitted. One dwelling unit contained therein shall only be
occupied by the owner and his/her family of the property upon which
such converted dwelling is located and the other unit contained therein
shall only be occupied by a farm worker and his/her family, who is
employed year-round, on a full time basis, on the property upon which
the converted dwelling is located.
5.4.76
RU-76
Part Lot 6, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception No. 76 (RU-76) the minimum lot
area requirement shall be 1.22 hectares and the minimum lot
frontage requirement shall be 76.20 metres.
5.4.77
RU-77
Part Lot 6, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Exception 77 (RU-77) the minimum lot area
requirement shall be 18.23 hectares and the minimum lot frontage
requirement shall be 54. 86 metres.
5.4.78
RU-78
Part Lot 14, Concession 5 (Geographic - Haldimand)
On lands zoned Rural Exception No. 78 (RU-78) lot frontage shall
be calculated along County Road #22. The provisions of the Rural
(RU) Zone will apply in all other respects.
5.4.79
RU-79
Part Lots 5 and 6, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Exception No. 79 (RU-79) neither a single
detached dwelling nor a seasonal dwelling shall be permitted. The
minimum lot area requirement shall be 1.21 hectares.
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November 28, 2019
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5.4.80
RU-80
Part of Lots 5 and 6, Concession 3, Geographic -
Haldimand
Notwithstanding the permitted uses in the Rural (RU) Zone, within
the Rural Exception No. 80 (RU-80) Zone, all of the provisions of
the Rural (RU) Zone shall apply save and except as specifically
noted below, in which case the following provisions shall apply and
be complied with:
(a)
Permitted Uses:
1. Residential uses shall be prohibited.
2. Non-residential uses shall be limited to conservation, a
farm, forestry, and a public use.
(b)
Zone Regulations:
1. The minimum area to which the RU-80 Zone applies shall
be as existing on the date of passing of this By-law.
2. The minimum lot area provision shall not apply.
3. Where a lot with an RU-80 Zone fronts on an improved
public street, the minimum lot frontage shall be 49.0 metres.
Where a portion of a property zoned RU-80 does not front
on an improved public street, the minimum lot frontage
provision shall not apply to that portion of the lot.
4. The minimum front yard, interior side yard and rear yard shall
be 30.0 metres.
5.4.81
RU-81
Part Lot 34, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 81 (RU-81) the minimum lot
area shall be 1.0 hectares and the minimum lot frontage shall
be 146 metres.
5.4.82
RU-82
Part Lot 9, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Exception No. 82 (RU-82) the minimum lot
area requirement shall be 2.0 hectares and the minimum lot
frontage requirement shall be 50 metres.
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November 28, 2019
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5.4.83
RU-83
Part Lots 22, 23, 24 and 25, Concession 2 (Geographic -
Haldimand)
In addition to the uses permitted in the Rural (RU) zone, on
lands zoned Rural Exception No. 83 (RU-83) uses accessory and
incidental to the main permitted uses in the Recreation
Commercial Exception No. 4 (RC-4) zone in part of Lots 22 and
23, Concession 2 (Haldimand) shall be permitted, provided that
these structures comply with the Rural (RU) zone provisions.
5.4.84
RU-84
Part Lot 19 and 20, Concession 4 (Geographic - Haldimand)
On lands zone Rural Exception No. 84 (RU-84) the minimum lot
area requirement shall be 4 hectares and the minimum lot
frontage requirement shall be 50 metres.
5.4.85
RU-85
Part Lot 13, Concession 4 (Geographic - Alnwick)
On the lands zoned Rural Exception No. 85 (RU-85) "Commercial
Riding Stables" shall be added as a permitted use.
5.4.86
RU-86
Part Lot 30, Concession A (Geographic - Haldimand
On the lands zoned Rural Exception No. 86 (RU-86) all residential
uses shall be prohibited. The minimum lot area and minimum lot
frontage requirements shall be 15 hectares and 100 metres
respectively.
5.4.87
RU-87
Part Lot 21, Concession 6 (Geographic - Alnwick)
On the lands zoned Rural Exception No. 87 (RU-8) the minimum lot
area requirement shall be 4 hectares.
5.4.88
RU-88
Part Lot 22, Concession 5 (Geographic - Alnwick)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 88 (RU-88) the following shall apply:
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Page 117 of 240
i) The minimum lot area requirement shall be 6.08 hectares
ii) For the purposes of this Section, lot frontage shall be
calculated along Clark Road.
iii) The buildings and structures shall be as existing on August
22, 2007.
iv) The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.89
RU-89
Part Lot 11, Concession 3 (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 89 (RU-89) the minimum lot area requirement shall be 3.24
hectares. For the purposes of this section, lot frontage shall be
calculated along Boeve Lane. The provisions of the Rural (RU)
Zone shall apply in all other respects.
5.4.90
RU-90
Part Lot 22, Concession 5 (Geographic - Alnwick)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 90 (RU-90) the minimum lot area requirement shall be 10.12
hectares. For the purposes of this section, lot frontage shall be
calculated along Clark Road. The buildings and structures shall be
as existing on February 27, 2008.
5.4.91
RU-91
Part Lot 11, Concession 4 (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 91 (RU-91) the minimum lot area requirement shall be 2.02
hectares. For the purposes of this section, lot frontage shall be
calculated along Boeve Lane.
5.4.92
RU-92
Part Lot 11, Concession 4 (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 92 (RU-92) the minimum lot area requirement shall be 4.86
hectares. The provision of the Rural (RU) Zone shall apply in all
other respects.
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November 28, 2019
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5.4.93
RU-93
Part Lot 14, Concession 3 (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 93 (RU-93) the minimum lot area requirement shall be 2.22
hectares. The minimum lot frontage requirement shall be 79.24
metres. The provision of the Rural (RU) Zone shall apply in all other
respects.
5.4.94
RU-94
Part Lot 14, Concession 3 (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 94 (RU-94) the minimum lot area requirement shall be 5.26
hectares. The minimum lot frontage requirement shall be 45.72
metres. The provision of the Rural (RU) Zone shall apply in all other
respects.
5.4.95
RU-95
Part Lot 24, Concession A (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 95 (RU-95) the minimum lot area requirement shall be 1.82
hectares. The minimum lot frontage requirement shall be 114.30
metres. The provision of the Rural (RU) Zone shall apply in all other
respects.
5.4.96
RU-96
Part Lots 33 and 34, Concessions 2 and 3 (Geographic -
Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 96 (RU-96) the minimum lot area requirement shall be 2.02
hectares. The minimum lot frontage requirement shall be 51.81
metres. The provision of the Rural (RU) Zone shall apply in all
other respects.
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November 28, 2019
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5.4.97
RU-97
Part Lot 18, Concession 1 (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 97 (RU-97) the minimum lot area requirement shall be 2.83
hectares. The minimum lot frontage requirement shall be 57.91
metres. The provision of the Rural (RU) Zone shall apply in all
other respects.
5.4.98
RU-98
Part Lots 21 and 22, Concession 2 (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 98 (RU-98) the minimum lot area requirement shall be 3.64
hectares. The minimum lot frontage requirement shall be 45.72
metres. For the purposes of this Section, lot frontage shall be
calculated along Academy Hill Road. The provision of the Rural
(RU) Zone shall apply in all other respects.
5.4.99
RU-99
Part Lots 21 and 22, Concession 2 (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 99 (RU-99) the minimum lot area requirement shall be 30.37
The building setbacks shall be as existing on May 27th, 2009.
For the purposes of this Section, lot frontage shall be calculated
along Academy Hill Road. The provision of the Rural (RU) Zone
shall apply in all other respects.
5.4.100 RU-100
Part Lot 14, Concession 2 (Geographic - Alnwick)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 100 (RU-100) the minimum lot area requirement shall be
6.07 hectares. The minimum lot frontage requirement shall be
45.72 metres. For the purposes of this section, lot frontage shall be
calculated along County Road #45. The buildings and structures
shall be as existing on July 15, 2009. The provision of the Rural
(RU) Zone. shall apply in all other respects.
Township of Alnwick/Haldimand
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November 28, 2019
Page 120 of 240
5.4.10
RU-101-
H
Part Lots 3 and 4, Concession A (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 101-Holding (RU-101-H) the minimum lot area requirement shall
be 4.05 hectares. The provision of the Rural (RU) Zone shall apply
in all other respects.
Where Zone symbol on Schedule "A" followed by a Holding (H)
Symbol, holding provisions provided under Section 36 of the
Planning Act on in effect.
The permitted uses and relevant zone provisions do not apply until
such time that the Holding symbol (H) is removed according to the
provisions of Section 36 of the Planning Act and this By-Law.
The Holding symbol (H) which applies to the RU-101-H Zone shall
only be removed after the following matters are secured to the
satisfaction of the Lower Trent Conservation Authority and the
Council of the Township of Alnwick/Haldimand, that being:
a) The completion of an engineered lot grading and drainage
plan to the satisfaction of the Lower Trent Conservation
Authority; and
b) Submission of a detailed site plan to the satisfaction of the
Lower Trent Conservation Authority and the Township of
Alnwick/Haldimand to be registered on tile.
5.4.102 RU-102
Part Lots 3 and 4, Concession A (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary, on lands zoned Rural Exception
No. 102 (RU-102) the minimum lot area requirement shall be 4.05
hectares. The minimum lot frontage requirement shall be 91.44
metres. The building setbacks shall be as existing on September
23rd , 2009. The provision of the Rural (RU) Zone shall apply in all
other respects.
5.4.100 RU-
103-H
Part Lots 3 and 4, Concession A (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 121 of 240
No. 103-Holding (RU-103-H) the minimum lot area requirement shall
be 4.05 hectares. The minimum lot frontage requirement shall be
121.92 metres. The provision of the Rural (RU) Zone shall apply in
all other respects.
Where Zone symbol on Schedule "A" followed by a Holding (H)
Symbol, holding provisions provided under Section 36 of the
Planning Act are in effect.
The permitted uses and relevant zone provisions do not apply until
such time that the Holding symbol (H) is removed according to the
provisions of Section 36 of the Planning Act and this By-Law.
The Holding symbol (H) which applies to the RU-103-H Zone shall
only be removed after the following matters are secured to the
satisfaction of the Lower Trent Conservation Authority and the
Council of the Township of Alnwick/Haldimand, that being:
i. The completion of an engineered lot grading and drainage plan to
the satisfaction of the Lower Trent Conservation Authority; and
ii. Submission of a detailed site plan to the satisfaction of the Lower
Trent Conservation Authority and the Township of
Alnwick/Haldimand to be registered on tile.
5.4.104 RU-104
Part Lot 32, Concession A (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary, on lands zoned Rural Exception
No. 104 (RU-104) the minimum lot area requirement shall be 2.0
hectares. The provisions of the Rural (RU) Zone shall apply in all
other respects.
5.4.105 RU-105
Part of Lot 23, Concession A (Geographic - Haldimand)
Notwithstanding the lot area and lot frontage requirements of the Rural
(RU) Zone as otherwise amended to the contrary, on lands zoned
Rural Exception 105 (RU-105), the minimum lot area shall be 3.0
hectares and the minimum lot frontage shall be 150 metres.
Township of Alnwick/Haldimand
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November 28, 2019
Page 122 of 240
5.4.105 RU-106
Part Lots 11 and 12, Concession 3, (Geographic - Haldimand)
Notwithstanding the lot area and lot frontage requirements of the Rural
(RU) Zone as otherwise amended to the contrary on lands zoned Rural
Exception No. 106 (RU-106) the minimum lot area requirement shall be
1.62 hectares and the minimum lot frontage requirement shall be 100
metres. For the purposes of this section, lot frontage shall be calculated
along Pipeline Road. The provisions of the Rural (RU) Zone shall apply
in all other respects.
5.4.107 RU-107
Part Lot 11, Concession 2, (Geographic - Haldimand)
Notwithstanding the lot area and lot frontage requirements of the Rural
(RU) Zone as otherwise amended to the contrary on lands zoned Rural
Exception No. 107 (RU-107) the minimum lot area requirement shall be
3.64 hectares and the minimum lot frontage requirement shall be 68.50
metres. The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.108 RU-108
Part Lot 32, Concession 1, (Geographic - Haldimand)
Notwithstanding the lot area and lot frontage requirements of the Rural
(RU) Zone as otherwise amended to the contrary on lands zoned Rural
Exception No. 108 (RU-108) the minimum lot area requirement shall be
1.94 hectares and the minimum lot frontage requirement shall be 91.44
metres. The buildings and structures shall be existing on June 22nd,
2011. The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.109
RU-109
Part Lot 8, Concession 4, (Geographic - Alnwick)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary, on lands zoned Rural Exception
No. 109 (RU-109) the minimum lot frontage requirement shall be 4.05
hectares. The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.110 RU-110
Part Lot 14, Concession 2, (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception No.
110 (RU-110) the minimum lot area requirement shall be 3.24 hectares
and the minimum lot frontage requirement shall be 68.58 metres. The
provisions of the Rural (RU) Zone shall apply in all other respects.
Township of Alnwick/Haldimand
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Page 123 of 240
5.4.111 RU-111
Part Lots 25 and 26, Concessions A and 1, (Geographic -
Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception No.
111 (RU-111) the minimum lot area requirement shall be 4.06 hectares
and the minimum lot frontage requirement shall be 53. 34 metres. The
provisions of the Rural (RU) Zone shall apply in all other respects.
5.4.112 RU-112
Part Lot 17, Concession 2, (Geographic - Haldimand)
Notwithstanding the lot area and lot frontage requirements of the Rural
(RU) Zone as otherwise amended to the contrary on lands zoned Rural
Exception No. 112 (RU-112) the minimum lot area requirement shall be
3.03 hectares and the minimum lot frontage required shall be 129.54
metres. The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.113 RU-113
Part Lot 20, Concession B, (Geographic - Haldimand)
Notwithstanding the lot area and lot frontage requirements of the Rural
(RU) Zone as otherwise amended to the contrary on lands zoned Rural
Exception No. 113 (RU-113) the minimum lot area requirement shall be
3.24 hectares and the minimum lot frontage requirement shall be 48.76
metres. The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.114 RU-114
Part Lot 7, Concession 1, (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception No.
114 (RU-114) the minimum lot area requirement shall be 4.05 hectares.
The provisions of the Rural (RU) Zone shall apply in all other respects.
5.4.115 RU-115
Part Lot 35, Concession 2, (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception No.
115 (RU-115) the minimum lot frontage requirement shall be 46.78
metres and the minimum lot area requirement shall be 14.58 hectares.
Those lands within the Environmental Control (EC) Zone in the same lot
shall be included in determining the lot area and lot frontage. The
provisions of the Rural (RU) Zone shall apply in all other respects.
Township of Alnwick/Haldimand
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November 28, 2019
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5.4.116 RU-116
Part Lot 7, Concession 1, (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception No.
116 (RU-116) the minimum lot frontage requirement shall be 45.72
metres and the minimum lot area requirement shall be 1.41 hectares.
The provisions of the Rural (RU) Zone shall apply in all other respects.
5.4.117 RU-117
Part Lot 6, Concession 4, (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 117 (RU-117) the minimum lot area requirement shall be 12.15
hectares and the minimum lot frontage requirement shall be 45.72
metres. The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.118 RU-118
Part Lots 3 and 4, Concession 9, (Geographic - Haldimand)
Notwithstanding the lot area and lot frontage requirements of the Rural
(RU) Zone as otherwise amended to the contrary on lands zoned
Rural Exception No. 118 (RU-118) the minimum lot area requirement
shall be 18.22 hectares and the minimum lot area requirement shall be
45.72 metres. The provisions of the Rural (RU) Zone shall apply in all
other respects.
5.4.119 RU-119
Part Lots 3 and 4, Concession 9, (Geographic - Haldimand)
Notwithstanding the lot area and lot frontage requirements of the Rural
(RU) Zone as otherwise amended to the contrary on lands zoned
Rural Exception No. 119 (RU-119) the minimum lot area requirement
shall be 14.17 hectares and the minimum lot area requirement shall be
45.72 metres. The provisions of the Rural (RU) Zone shall apply in all
other respects.
5.4.120 RU-120
Part Lot 19, Concession 3, (Geographic - Alnwick)
On lands zoned Rural Exception No. 120 (RU-120) the minimum lot
area requirement shall be 2.02 hectares and the minimum lot frontage
requirement shall be 121.92 metres. The provisions of the Rural (RU)
Zone shall apply in all other respects.
Township of Alnwick/Haldimand
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November 28, 2019
Page 125 of 240
5.4.121 RU-121
Part Lot 22. Concession 9. (Geographic - Haldimand)
Notwithstanding the permitted uses outlined in 5.1 as otherwise
amended to the contrary on lands zoned Rural Exception No. 121
(RU-121) the following uses are also permitted that being:
- a small scale retail establishment (gift shop)
- a mobile canteen (seasonal)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 121 (RU-121) the following shall apply:
a) The minimum lot area requirement shall be 0.50 hectares.
b) The minimum lot frontage requirement shall be 91.44 metres.
c) That Section 4.20 of the Township's Comprehensive Zoning By-Law
100- 2010 does not apply.
d) The maximum gross floor area for the small scale retail
establishment (gift shop) shall be 75.0 metres2.
e) The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.122 RU-122
Part Lots 7 and 8, Concession 2, (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 122 (RU-122) the minimum lot frontage requirement shall be
44.19 metres. The provisions of the Rural (RU) Zone shall apply in all
other respects.
5.4.123 RU-123
Part Lots 1 and 2, Concession 3, (Geographic - Haldimand)
On lands zoned Rural Exception No. 123 (RU-123) the minimum lot
area requirement shall be 2.22 hectares. The provisions of the Rural
(RU) Zone shall apply in all other respects.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 126 of 240
5.4.124 RU-124
Part Lots 1 and 2, Concession 3, (Geographic - Haldimand)
On lands zoned Rural Exception No. 124 (RU-124) the minimum lot
area requirement shall be 45.72 metres. For the purposes of this
Section, lot frontage should be calculated along Shelter Valley Road.
The provisions of the Rural (RU) Zone shall apply in all other respects.
5.4.125 RU-125
Part Lot 13, Concession A, (Geographic - Haldimand)
On lands zoned Rural Exception No. 125 (RU-125) the minimum lot
area requirement shall be 2.0 hectares. The following shall be the only
permitted uses in the Rural Exception No. 125 (RU-125) Zone:
-
a single detached dwelling; a converted dwelling containing a
maximum of two dwelling units; an agricultural or farm use; a bed
and breakfast establishment; a garden nursery sales and supply
establishment; a group home, a home industry; a home
occupation.
5.4.126 RU-126
Part Lot 24, Concession 4, (Geographic - Alnwick)
On lands zoned Rural Exception No. 126 (RU-126), the following shall
apply:
a) The minimum lot area requirement shall be 10.12 hectares.
b) For the purposes of this section, lot frontage shall be calculated
along Baxter Road.
c) The building and structures on the property shall be existing on
January 26th, 2017.
d) The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.127 RU-127
Part of Lots 5 and 6, Concession 2, (Geographic-Haldimand)
Notwithstanding any provisions of this By-Law to the contrary within
the RU-127 Zone the following provisions shall apply:
a) The minimum lot frontage requirement shall be 45.0 metres.
b) A luxury camping resort shall be a permitted use in addition to the
permitted uses of the Rural (RU) Zone, subject to and in
accordance with the Temporary Use provisions set out in this By-
Law.
c) The maximum number of tent camping sites shall be limited to 15.
d) All camping sites and accessory uses, buildings and structures
other than recreational trails shall be set back a minimum of 30
metres from any property line.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 127 of 240
e) For the purposes of the Rural Exception No. 127 (RU-127) Zone, a
"Luxury Camping Resort" means a tourist establishment consisting
of tent camping sites and accessory uses, buildings and structures
including a guest pavilion, outdoor pool and hot tub facilities,
recreational trails and other recreational facilities such as outdoor
tennis courts. For clarity, a "Luxury Camping Resort" shall not
include camping or parking sites for tourist trailers, motor homes,
park model trailers, truck campers or mobile homes.
f) Notwithstanding the prohibition on park model trailers set out in
subsection (e) above, a maximum of one (1) park model trailer
shall be permitted in the luxury camping resort within the RU-127
Zone.
g) The provisions of the Rural (RU) Zone shall apply in all other
respects.
The temporary use shall expire on December 31, 2023.
5.4.128
RU-128
Part Lots 34 and 35, Concession 10, (Geographic - Haldimand)
On lands zoned Rural Exception No. 128 (RU-128) the minimum lot
frontage requirement shall be 45.72 metres. The provisions of the
Rural (RU) Zone shall apply in all other respects.
5.4.129
RU-129
Part Lot 18, Concession 3, (Geographic-Haldimand)
On lands zoned Rural Exception No. 129 (RU-129) the following shall
apply:
a) The minimum lot area requirement shall be 4.86 hectares.
b) The minimum lot frontage requirement shall be 121.92 metres.
c) The provisions of the Rural (RU) Zone shall apply in all other
respects.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 128 of 240
5.4.130
RU-130
Part Lot 2, Concession 8, (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Rural (RU) Zone as
otherwise amended to the contrary on lands zoned Rural Exception
No. 130 (RU-130) the following permitted uses and provisions shall
apply:
a) The minimum lot area requirement shall be 36.42 hectares.
For the purposes of this zone provision, that portion of the lot
situated on the Oak Ridges Moraine and subject to the
provisions of Section 4.38 of this By-Law and the Oak Ridges
Moraine Zones, shall be used to calculate the minimum lot
area of the Rural Exception No. 130 (RU-130) Zone.
b) Permitted Uses:
i) Residential uses:
-
An accessory dwelling unit for farm help, including a
wine-maker
ii) Non-Residential uses:
- An eating establishment which is operated only as an
accessory use to an existing winery, and which shall
have a maximum seating capacity of 50 persons
Zone Regulations:
i) Special Provisions for an Accessory Dwelling Unit for
Farm Help:
- A maximum of one (1) accessory dwelling unit for farm
help only, including a wine-maker, shall be permitted.
- The maximum floor area for an accessory dwelling unit
for farm help shall be 36.0 square metres (387.5 square
feet).
- An accessory dwelling unit for farm help may be located
in a non-residential building, subject to the provisions
of Section 4.3.3 of this By-Law.
The provisions of the Rural (RU) Zone shall apply in all other
respects.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 129 of 240
5.4.131
RU-131
Part Lot 18, Concession 3, (Geographic - Haldimand)
Notwithstanding the provisions of the Rural (RU) Zone as otherwise
amended, to the contrary, on lands zoned Rural Exception No. 131
(RU-131) the following shall apply:
a)
The minimum lot area requirement shall be 8.094 hectares.
b)
The housing of livestock in any accessory buildings existing as of
September 27th, 2018 shall be prohibited.
c)
The provisions of the Rural (RU) Zone shall apply in all other
respects.
5.4.132
RU-132
Part Lot 23, Concession B (Geographic - Haldimand
On lands zoned Rural Exception No. 132 (RU-132), the minimum lot
area requirement shall be 3 ha.
5.4.133
RU-133
Part of Lot 32, Concession A (Geographic - Haldimand)
On land zoned Rural Exception No. 133 (RU-133), the minimum lot
area requirement shall be 1.3 ha.
5.4.134
RU-134
Part of Lot 32, Concession (Geographic - Haldimand)
On lands zone Rural Exception 134 (RU-134) neither a single
detached dwelling, mobile home nor a seasonal dwelling shall be
permitted.
5.4.135
RU-135
Part of Lot 1, Concession A (Geographic - Haldimand)
On lands zoned Rural Exception No. 135 (A-135) the minimum lot
area requirement shall be 2.02 hectares and the minimum lot frontage
requirement shall be 135 metres.
5.4.136
RU-136
Part of Lot 16, Concession 3 (Geographic - Haldimand)
On lands zoned Rural No. 136 (RU-136) the minimum lot area
requirement shall be 4.05 ha. For the purposes of this section, the lot
frontage is calculated from the public highway named Locke Road.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 130 of 240
5.4.137
RU-137
Part of Lots 31 & 32, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Exception No. 137 (RU-137) the minimum lot
area requirement shall be 6.88 ha, and the building setback shall be
as existing on August 13, 2003.
5.4.138
RU-138
Part of Lot 18, Concession 4 (Geographic - Haldimand)
Notwithstanding any provision of this By-law to the contrary, within the
RU-138 Zone the following provisions shall apply:
a) A Coach House shall be a permitted use, in addition to the
permitted uses of the Rural (RU) Zone.
b) For the purposes of the RU-138 Zone a "Coach House Dwelling"
shall mean one (1) additional dwelling unit that is located within a
non-residential accessory building or structure.
5.4.139
RU-139
Part Lot 24, Concession 8 (Geographic - Haldimand)
In addition to the uses permitted in Section 5.1 of this By-law, a special
events and horticultural education venue shall also be permitted on
lands zoned Rural Exception No. 139 (RU-139). All other provisions of
the Rural Zone shall apply.
5.4.140
RU-140-
H
Part of Lot 6, Concession 1 (Geographic - Haldimand)
Notwithstanding any provision of this By-law to the contrary, within the
area zoned Rural Exception No. 140-Holding (RU-140-H),
development cannot occur until the holding symbol has been
removed. The Holding symbol shall only be removed upon completion
of a Hydrologic Evaluation undertaken by a qualified professional
addressing the requirements of Section 4.2.4 of the Growth Plan for
the Greater Golden Horseshoe or confirmation that a Key Hydrologic
Feature is not present.
5.4.141
RU-141
Part of Lots 34 & 35, Concession 2 (Geographic - Haldimand)
Notwithstanding Sections 5.2.1 and 5.2.2 of this By-law, within the
Rural Exception No. 141 (RU-141) Zone, the minimum lot area shall
be 10 ha, the minimum front yard requirement shall be 161 metres and
the minimum lot frontage 30 meters.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 131 of 240
5.4.142
RU-142-
H
Part of Lot 9, Concession 4 (Geographic - Haldimand)
Notwithstanding any provision of this By-law to the contrary, within the
area zoned Rural Exception No. 142-Holding (RU-142-H), development
cannot occur until the holding symbol has been removed. The Holding
symbol shall only be removed upon completion of a Hydrologic
Evaluation undertaken by a qualified professional addressing the
requirements of Section 4.2.4 of the Growth Plan for the Greater
Golden Horseshoe.
5.4.143
RU-143
Part of Lot 7 & 8, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Exception No. 143 (RU-143), the minimum lot
area requirement shall be 6 hectares and the minimum lot frontage
requirement shall be 32 metres.
5.4.144
RU-144
Part of Lot 8, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Exception No. 144 (RU-144) the minimum lot
area requirement shall be 2.2 hectares.
5.4.145
RU-145
Part of Lot 9 & 10, Concession 2 (Geographic-Haldimand)
On lands zoned Rural Exception 145 (RU-145) the lot frontage shall be
determined along the road allowance separating Lots 8 and 9.
In addition, the Provisions of Section 4.24, Minimum Distance
Separation Requirements - Agricultural Uses, Section 4.33, Minimum
Distance Separation Distances Pits and Quarries and Sensitive Uses,
and Section 4.35, Special Separation Distances Waste Disposal Areas,
shall not apply.
Township of Alnwick/Haldimand
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November 28, 2019
Page 132 of 240
Section 6 - Agricultural (A) Zone
No person shall within any Agricultural (A) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
6.1
Permitted Uses
6.1.1
a single detached dwelling
6.1.2
a converted dwelling containing a maximum of two dwelling units
6.1.3
a secondary dwelling
6.1.4
an abattoir
6.1.5
an agricultural or farm use
6.1.6
an agriculture-related WEGS accessory to a farm use in accordance
with section 4.37 of this By-law
6.1.7
a bed and breakfast establishment
6.1.8
a cemetery
6.1.9
a commercial kennel
6.1.10
a conservation area including recreation activities, nature study and
wildlife areas, or other similar use as provides for the preservation of
the natural environment
6.1.11
a farm produce outlet
6.1.12
a feed mill
6.1.13
forestry and reforestation
6.1.14
a grain cleaning plant
6.1.15
a grain drying and storage facility
6.1.16
a group home
6.1.17
a home industry
6.1.18
a home occupation
6.1.19
a livestock sales barn
6.1.20
a portable asphalt plant
6.1.21
a public use in accordance with section 4.28.1 of this By-law
6.1.22
a riding or boarding stable
6.1.23
a veterinary clinic
6.1.24
a wayside pit or quarry
6.2
Regulations For Uses Permitted in Section 6.1
6.2.1
Minimum Lot Area
36.0 ha (88.95 ac.)
6.2.2
Minimum Lot Frontage
200.0 m (656.2 ft.)
6.2.3
Minimum Front Yard Depth
22.0 m (72.18 ft.)
6.2.4
Minimum Exterior Side Yard Width
22.0 m (72.18 ft.)
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 133 of 240
6.2.5
Minimum Interior Side Yard Width
7.5 m (24.61 ft.)
6.2.6
Minimum Rear Yard Depth
12.0 m (39.37 ft.)
6.2.7
Maximum Building Height
11.0 m (36.09 ft.)
6.2.8
Maximum Lot Coverage of All Buildings
15%
6.2.9
Maximum Number of Dwellings Per Lot
1
6.2.10
Maximum Number of Dwelling Units
Per Lot
2 (for a converted
dwelling only)
6.3
General Zone Provisions
All provisions of Section 4, General Zone Provisions, of this By-law where
applicable to the use of any land building or structure permitted within the
Agricultural (A) Zone shall apply.
6.4.
Special Agricultural (A) Zones
Notwithstanding the provisions outlined in the above sections for the Agricultural
Zone to the contrary, the following sections outline site specific Agricultural (A)
exception zone categories. All other provisions of the Agricultural (A) Zone
shall apply and be complied with.
6.4.1
A-1
Part Lot 9, Concession A (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 1 (A-1) one (1) mobile
home only, used for the accommodation of persons employed full time
on such farm, is permitted, in addition to a permitted single detached
dwelling.
6.4.2
A-2
Part Lot 33, Concession 1 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 2 (A-2) the minimum lot
area requirement shall be 8 hectares.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 134 of 240
6.4.3
A-3
Part Lot 1 and 2, Concession B (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 3 (A-3) the minimum lot
area requirement shall be 6.07 hectares and the minimum lot frontage
requirement shall be 152.40 metres.
6.4.4
A-4
Part Lots 29 and 30, Concession 2 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 4 (A-4) the minimum lot
area shall be 3.50 hectares. For the purposes of this section where
lands are zoned Agricultural Exception No. 4 (A-4) that all buildings
existing as of January 1, 1998 shall be deemed to be "existing
buildings and structures". Any enlargement, reconstruction, repair or
renovation of these "existing buildings and structures" shall comply
with the Provisions of Sections 4.9 Existing Buildings and Structures
and Uses and Section 4.10 Existing Undersized Lots.
6.4.5
A-5
Part Lot 16, Concession 3 (Geographic - Alnwick)
On lands zoned Agricultural Exception No. 5 (A-5) the minimum lot
area requirement shall be 2.43 hectares and the minimum lot frontage
requirement shall be 152.40 metres.
6.4.6
A-6
Part Lot 31, Concession 1 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 6 (A-6) the following
provisions shall apply and be complied with:
a) Zone Provisions
i. Minimum lot area - 36 hectares
ii. Minimum lot frontage - 129 metres
iii. Maximum number of dwellings per lot - 2
iv. Maximum number of dwelling units per lot - 2
6.4.7
A-7
Part Lots 1 and 2, Concession 1 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 7 (A-7) the minimum lot
frontage requirement shall be 137.16 metres.
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6.4.8
A-8
Part Lot 29, Concession 1 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 8 (A-8) the minimum lot
area requirement shall be 12.15 hectares.
6.4.9
A-9
Part Lots 28, Concession 1 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 9 (A-9) following
provisions shall apply and be complied with:
a) Zone Provisions
i. The building setbacks shall be as existing on June 26, 2003
ii. The existing accessory building (barn) is to be used for
storage (dry) purposes and shall not be used as a livestock
facility.
6.4.10
A-10
Part Lot 16, Concession 4 (Geographic - Alnwick)
On lands zoned Agricultural Exception No. 10 (A-10) the minimum lot
area requirement shall be 26.33 hectares.
6.4.11
A-11
Part Lot 18, Concession 5 (Geographic - Alnwick)
On lands zoned Agricultural Exception No. 11 (A-11) the minimum lot
area requirement shall be 2.83 hectares and the minimum lot frontage
requirement shall be 167.64 metres.
6.4.12
A-12
Part Lot 18, Concession 5 (Geographic - Alnwick)
On lands zoned Agricultural Exception No. 12 (A-12) the minimum lot
area requirement shall be 34.42 hectares and the minimum lot
frontage requirement shall be 45.72 metres.
6.4.13
A-13
Part Lot 35, Concession 1 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 13 (A-13) the minimum lot
area requirement shall be 2.43 hectares.
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6.4.14
A-14
Part Lot 18, Concession B (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 14 (A-14) the minimum lot
area requirement shall be 32.40 hectares.
6.4.15
A-15
Part Lot 17, Concession 4 (Geographic - Alnwick)
On lands zoned Agricultural Exception No. 15 (A-15) two structures
with maximum gross floor areas of 1785 square metres and 56 square
metres are permitted. The following uses shall also be permitted:
i. Septage haulage operation
ii. Contractor's yard
iii. Inside storage of vehicles and boats
6.4.16
A-16
Part of Lot 16, Concession 3 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 16 (A-16), the minimum lot area
requirement shall be 3.2 hectares and the minimum lot frontage
requirement shall be 75.2 m. For the purposes of this section, lot frontage
shall be calculated on Locke Road.
6.4.17
A-17
Part Lot 19, Concession 4 (Geographic - Alnwick)
On lands zoned Agricultural Exception No. 17 (A-17) the minimum lot
area requirement shall be 36 hectares.
6.4.18
A-18
Part Lot 17, Concession 4 (Geographic - Alnwick)
On lands zoned Agricultural Exception No. 18 (A-18) the permitted
uses shall include a small engine repair shop.
6.4.19
A-19
Part Lots 18, Concession 3 (Geographic - Alnwick)
On lands zoned Agricultural Exception No. 19 (A-19) the minimum lot
area requirement shall be 24.30 hectares. The front lot line shall be
deemed to be along the 4th Line Road and lot frontages shall be
calculated along this lot line.
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6.4.20
A-20
Part Lot 14, Concession 4 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 20 (A-20) the minimum
lot area requirement shall be 28.35 hectares.
6.4.21
A-21
Part Lots 1, 2 and 3, Concession B (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 21 (A-21) the minimum lot
area requirement shall be 24.30 hectares.
6.4.22
A-22
Part Lots 1, 2, and 3, Concession B (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 22 (A-22) the minimum lot
area requirement shall be 16.20 hectares and the minimum lot
frontage requirement shall be 54.86 metres.
6.4.23
A-23
Part Lots 21 and 22, Concession 4 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 23 (A-23) the following
shall apply and be complied with:
a)
Zone Provisions:
i. Lot Area Requirement - 2 hectares
ii. Minimum Lot Frontage - 180 metres
iii. The lot line abutting Collin Road shall be the front lot line
iv. An accessory building or structure shall not be used for farm uses
v. An existing accessory building or structure may be permitted in a
front yard.
vi. Nothing in this Bylaw shall prevent the replacement of an existing
dwelling with a new dwelling in compliance with the provisions of
this Bylaw.
6.4.24
A-24
Part Lot 1, Concession 1 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 24 (A-24) the minimum lot
area requirement shall be 6 hectares and the minimum lot frontage
requirement shall be 100 metres.
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6.4.25
A-25
Part Lot 21, Concession 2 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 25 (A-25) the minimum lot
area requirement shall be 20 hectares.
6.4.26
A-26
Part Lot 22, Concession 3 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 26 (A-26) the minimum lot
area requirement shall be 6 hectares. In addition, a dwelling unit shall
be permitted in an existing Non-Residential Building located thereon
provided such dwelling unit is occupied by the owner, caretaker,
watchperson or similar person and his/her family, if such person is
employed on the lot which such dwelling unit is located and further
provided that the maximum number of dwelling units is limited to two
(2), the Dwelling Unit Area requirements for Non-Residential Buildings
are satisfied, and the second permitted dwelling unit must be in a
single detached dwelling erected to the west of the existing Non-
Residential Building which contains the dwelling unit. The minimum
rear yard setback requirement shall be 4 meters.
6.4.27
A-27
Part Lots 7 and 8, Concession A (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 27 (A-27) the minimum lot
area requirement shall be 8 hectares.
6.4.28
A-28
Part Lot 7, Concession 1 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 28 (A-28) the minimum lot
area requirement shall be 14.17 hectares. The provisions of the
Agricultural (A) Zone shall apply in all other respects.
6.4.29
A-29
Part Lot 35, Concession A (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 29 (A-29) the minimum lot
area requirement shall be 5.87 hectares and the minimum lot frontage
requirement shall be 150 metres.
6.4.30
A-30
Part Lot 14, Concession A (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 30 (A-30) the minimum
lot area requirement shall be 15 hectares.
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6.4.31
A-31
Part Lot 19, Concession B (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 31 (A-31) the following
shall apply and be complied with:
a) Permitted Uses:
i. A Bed and Breakfast Establishment
b) Zone Provisions:
i. Minimum Lot Area - 14 hectares
ii. Minimum Lot Frontage - 20 metres
iii. For the purposes of the Agricultural Exception No. 3 1 (A-31) the
following definition shall apply: A "Bed and Breakfast
Establishment" shall mean a single detached dwelling in which a
maximum of three (3) guest rooms are made available for rent to
the public for short-term accommodation. A Bed and Breakfast
Establishment may offer meals to those persons patronizing the
establishment. A Bed and Breakfast Establishment shall not
include an eating establishment, a motel, a motor hotel, a resort,
any other form of tourist establishment, or any other
establishments otherwise defined or classified.
iv. A Bed and Breakfast Establishment shall be permitted in a
single detached dwelling only, and shall have a maximum of
three (3) guest rooms
v. A Bed and Breakfast Establishment shall be deemed to be a
residential use, and shall comply with all regulations and
requirements of the Zone in which it is permitted
vi. The minimum number of off-street parking spaces required for a
Bed and Breakfast Establishment shall be one (1) parking
space per dwelling unit plus one (1) parking space per guest
room.
6.4.32
A-32
Part Lot 20, Concession 2 (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 32 (A-32) the minimum lot
area requirement shall be 9 hectares and the minimum lot frontage
requirement shall be 150 meters.
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6.4.33
A-33
Part Lot 34, Concession 1, (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 33 (A-33), the minimum lot
area requirement shall be 4.86 hectares and the minimum lot frontage
requirement shall be 45.72 metres. The provisions of the Agricultural (A)
Zone shall apply in all other respects.
6.4.34
A-34
Part Lot 34, Concession 1, (Geographic - Haldimand)
On lands zoned Agricultural Exception No. 34 (A-34), the minimum lot
area requirement shall be 30.37 hectares. The provisions of the
Agricultural (A) Zone shall apply in all other respects.
6.4.35
A-35
Part Lot 15, Concession 4, (Geographic - Alnwick)
Notwithstanding any other provisions of this By-Law to the contrary,
within the Agricultural Exception No. 35 (A-35) Zone, the following
provisions shall apply:
a) Permitted Uses:
i) All uses of Section 6.1 shall be permitted within the Agricultural
Exception No. 35 (A-35) Zone, with the exception that a single
detached dwelling, a converted dwelling or any other residential
use shall be prohibited within the Agricultural Exception No. 35 (A-
35) Zone.
ii) On the single lot having the Agricultural Exception No. 35 (A-35)
Zone, an additional Agricultural Exception Zone, and certain Oak
Ridges Moraine Zones, a maximum of one dwelling shall be
permitted on the lot and shall only be permitted within the portion
of the lot zoned Agricultural Exception No. 35 (A-35) Zone.
b) Zone Regulations:
i) The minimum area of the Agricultural Exception No. 35 (A-35)
Zone area on a single lot shall be 34.43 hectares" (85 acres).
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6.4.36
A-36
Part Lots 19 and 20, Concession 5 (Geographic - Haldimand)
Notwithstanding any other provisions of this By-law to the contrary, the
following provisions shall apply:
(a) Permitted Uses:
(i)
All uses of Section 6.1 shall be permitted within the
Agricultural Exception No. 36 (A-36) Zone, with the exception
that a single detached dwelling, a converted dwelling or any
other residential use shall be prohibited within the
Agricultural Exception No. 36 (A-36) Zone.
6.4.37
A-37
Part Lot 30, Concession 3, (Geographic - Haldimand)
Notwithstanding the uses permitted and zone regulations of the
Agricultural (A) Zone and notwithstanding any other provisions of this
By-Law to the contrary, the following provisions shall apply to the
Agricultural Exception No. 37 (A-37) Zone:
(a) Permitted Uses:
(i) All uses of Section 6 of By-Law No. 100-2010.
(ii) The existing interconnected building(s) for a small-scale
commercial use is to be used only as a venue for weddings,
wedding receptions and social events.
(iii) Other buildings or structures existing at the date of passing of
this By-Law.
(iv) For the purposes of the A-37 Zone, a "venue for weddings,
wedding receptions and social events" shall mean a building or
buildings or part thereof used for the gathering of groups for a
special function for a wedding and/or a wedding reception, and
social events which include the consumption of food and drink,
but shall not include full kitchen facilities. This use shall be
located in a building or buildings existing at the date of passing
of this By-Law, and shall be operated on a seasonal basis only,
meaning from April 1st to October 31st in any year. This use
shall not include a motel, a resort or any other form of tourist
establishment.
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(b) Zone Regulations:
(i) Maximum area of the A-37 Zone: 8.10 hectares
(ii) Maximum floor area of all buildings (excluding single-
detached dwelling) and parking area: 4,000 m2.
(iii) An existing guest cottage with a maximum floor area of 100
square metres (1076 sq. ft.). For the purposes of the A-37
Zone, a "guest cottage" shall mean a separate building, not
attached to the principle dwelling house on the lot, which is
designed to provide accommodations for visitors and guests in
association with the permitted venue for weddings, wedding
receptions and social events.
(iv) All other provisions of this By-law shall apply.
6.4.38
A-38
Part Lots 21, 22 and 23, Concession 4, (Geographic-Haldimand)
On lands zoned Agricultural Exception No. 38 (A-38) the following
shall apply:
a)
The minimum lot area requirement shall be 24.30 hectares.
b)
The minimum lot frontage requirement shall be 45.72 metres.
c)
For the purposes of this Section, lot frontage is to be calculated
along Helen's Lane.
d)
The provisions of the Agricultural (A) Zone shall apply in all other
respects.
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6.4.39
A-39
Part Lot 26, Concession 3, (Geographic - Haldimand)
Notwithstanding the lot area requirements of the Agricultural (A) Zone
as otherwise amended to the contrary on lands zoned Agricultural
Exception No. 39 (A-39) Zone the following shall apply:
a) The minimum lot frontage requirement shall be 9.14 metres.
b) For the purposes of this Section, lot frontage is to be calculated
along Massey Road.
c) The provisions of the Agricultural (A) Zone shall apply in all other
respects.
6.4.40
A-40
Part of Lots 27 & 28, Concession 9, (Geographic - Haldimand)
a) Notwithstanding any provision of this By-law to the contrary, in the
Agricultural Exception No. 40 (A-40) residential uses are prohibited.
6.4.41
A-41
Part of Lot 20, Concession 4 (Geographic - Alnwick)
Notwithstanding any provision of this By-law to the contrary, in the
Agricultural Exception 41(A-41) Zone, a second dwelling for farm labour
shall be permitted.
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Section 7 - Rural Residential (RR) Zone
No person shall within any Rural Residential (RR) Zone use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
7.1
Permitted Uses
7.1.1
a single detached dwelling
7.1.2
a converted dwelling with a maximum of two dwelling units, provided
one dwelling unit has a maximum dwelling unit area of 65.0 square
metres
7.1.3
a secondary dwelling
7.1.4
a bed a breakfast establishment
7.1.5
a group home
7.1.6
a hobby farm
7.1.7
a home occupation
7.1.8
a hospice care centre
7.1.9
a public use in accordance with section 4.28.1 of this By-law
7.2
Regulations For Uses Permitted In Section 7.1
7.2.1
Minimum Lot Area
0.4 ha (0.99 ac.)
7.2.2
Minimum Lot Frontage
45.0 m (147.6 ft.)
7.2.3
Minimum Front Yard Depth
12.0 m (39.37 ft.)
7.2.4
Minimum Exterior Side Yard Width
12.0 m (39.37 ft.)
7.2.5
Minimum Interior Side Yard Width
6.0 m (19.69 ft.)
7.2.6
Minimum Rear Yard Depth
12.0 m (39.37 ft.)
7.2.7
Maximum Building Height
11.0 m (36.09 ft.)
7.2.8
Maximum Lot Coverage of All Buildings
15%
7.2.9
Minimum Landscaped Open Space
30%
7.2.10
Maximum Number of Dwellings Per Lot
1
7.2.11
Maximum Number of Dwelling Units Per Lot
2 (for a converted
dwelling only)
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7.3
General Zone Provisions
All provisions of Section 4, General Zone Provisions, of this By-law where
applicable to the use of any land, building or structure permitted within the
Rural Residential (RR) Zone shall apply.
7.4
Special Rural Residential (RR) Zones
Notwithstanding the provisions outlined in the above sections for the
Rural Residential (RR) Zone to the contrary, the following sections outline
site specific Rural Residential (RR) exception zone categories. All other
provisions of the Rural Residential (RR) Zone shall apply and be complied
with.
7.4.1
RR-1
Part Lot 5 and 6, Concession 4 (Geographic - Alnwick)
On lands zoned Rural Residential Exception No. 1 (RR-1) one
single dwelling may be erected and used for year round
occupancy on the existing lot, provided that motor vehicle
access to such dwelling is directly from the existing Township
Road which abuts the easterly limits of the subject property.
7.4.2
RR-2
Part Lot 9, Concession 3 (Geographic - Alnwick)
On lands zoned Rural Residential Exception No. 2 (RR-2) and
covered by Plan 39R650, four (4) lots may be created in
accordance with Plan 39R650, which was deposited on June
9, 1976. Only Parts 3 and 4 of Plan 39R620 may have
buildings or structures erected thereon provided all Zone
Provisions are complied with.
7.4.3
RR-3
Part Lot 2, Concession 1 (Geographic - Alnwick)
On lands zoned Rural Residential Exception No. 3 (RR-3)
one single dwelling only and buildings and structures
accessory thereto, are permitted.
7.4.4
RR-4
Part Lot 5, Concession 4 (Geographic - Alnwick)
On lands zoned Rural Residential Exception No. 4 (RR-4)
the minimum lot frontage requirement shall be 32 metres.
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November 28, 2019
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7.4.5
RR-5
Part Lot 18, Concession 4 (Geographic - Alnwick)
On lands zoned Rural Residential Exception No. 5 (RR-5)
the provisions of Section 4.33, Special Separation Distances-
Pits and Quarries and Sensitive Uses, Section 4.24, Minimum
Distance Separation Requirements- Agricultural Uses, as well
as Section 4.35, Special Separation Distances-Waste
Disposal Areas, shall not apply.
7.4.6
RR-6
Part Lot 16, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 6 (RR-6)
the buildings existing on October 1, 2001 and any future
additions and or improvements thereto are a permitted use
providing that the existing building setbacks are not further
reduced beyond the provisions of the Rural Residential (RR)
Zone.
7.4.7
RR-7
Part Lot 14, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 7 (RR-7)
the minimum lot area requirement shall be 0.6 hectares and
the minimum lot frontage requirement shall be 75 metres.
A small engine service establishment conducted for financial
gain may be located in an accessory building on a lot used for
single detached dwelling purposes, provided that the gross
floor area of the accessory building used for small engine
service establishment purposes is less than 50 sq. m., no
person other than a member of the family is engaged in the
business, and there is no display other than a sign authorized
by the Township in writing to indicate that a business is
conducted on the lot.
7.4.8
RR-8
Part Lot 29, Concession 1 (Geographic - Haldimand)
On the lands zoned Rural Residential Exception No. 8 (RR-
8) a maximum of two (2) lots shall be permitted.
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November 28, 2019
Page 147 of 240
7.4.9
RR-9
Part Lot 2, Concession A (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 9 (RR-9)
the minimum lot area requirement shall be 1.01 hectares. All
provisions of the Rural Residential Zone contained in this
Bylaw shall apply save and except for as specifically noted
below, and the following shall prevail and be complied with:
i.
One dwelling containing an apartment for a
family member to be permitted on a lot.
In addition, the provisions of Section 4.33, Special Separation
Distances- Pits and Quarries and Sensitive Uses, Section
4.24, Minimum Distance Separation Requirements-
Agricultural Uses, as well as Section 4.35, Special Separation
Distances-Waste Disposal Areas, shall not apply.
7.4.10
RR-10
Part Lot 32, Concession 1 (Geographic - Haldimand)
On lands zoned as Rural Residential Exception No. 10 (RR-
10) the following provisions apply and shall be complied with:
a) Zone Provisions:
i. Minimum lot area 0.34 hectares
ii. Minimum lot frontage 50.29 metres
iii. Minimum exterior side (width) yard 7.62 metres
iv. Minimum front (depth) yard 19.87
v. For the purposes of this section, lot frontage shall be
calculated along Danforth Road
In addition, the provisions of Section 4.33, Special Separation
Distances- Pits and Quarries and Sensitive Uses, Section
4.24, Minimum Distance Separation Requirements-
Agricultural Uses, as well as Section 4.35, Special Separation
Distances-Waste Disposal Areas, shall not apply.
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November 28, 2019
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7.4.11
RR-11
Part Lot 35, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Residential No. 11 (RR-11) the
minimum lot area requirement shall be 0.32 hectares and the
minimum lot frontage requirement shall be 49 metres. The
provisions of the following Sections shall not apply:
i. Section 4.24 Minimum Distance Separation Requirements
Agricultural Uses, and
ii. Section 4.33 Special Separation Distances- Pits and
Quarries and Sensitive Uses
7.4.12
RR-12
Part Lot 18, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Residential No. 12 (RR-12) the
minimum front yard depth requirement shall be 45.72 metres.
The requirement for minimum exterior side yard width for
residential uses shall be 41.15 metres. For the purposes of
this section, lot frontage shall be calculated along Eddystone
Road.
7.4.13
RR-13
Part Lots 31 and 32, Concession 2 (Geographic -
Haldimand)
On lands zoned Rural Residential Exception No. 13 (RR-13)
the minimum front yard setback requirement shall be 76.2
metres.
7.4.14
RR-14
Part Lot 6, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 14 (RR-14)
the minimum setback to construct a single detached dwelling
shall be no less than 21.33 metres, west of the line between
Part 3 and Part 4 on Plan 39R 10499.
7.4.15
RR-15
Part Lots 9 and 10, Concession 2 (Geographic -
Haldimand)
On lands zoned Rural Residential Exception No. 15 (RR-15)
the building which includes a single detached dwelling and
storage shed shall be as existing on August 23, 2006. For the
purposes of this section, lot frontage shall be calculated along
Vernonville Road
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7.4.16
RR-16
Part Lot 32, Concession A (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 16 (RR-16)
the minimum rear yard setback requirement shall be 42 metres
from the toe of the bank.
7.4.17
RR-17
Part Lot 21, Concession A (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 17 (RR-17)
an accessory garage building may be located in a front yard,
and the building setbacks shall be as existing on May 12th,
2004. For the purposes of this section, lot frontage shall be
calculated along Chapple Road.
7.4.18
RR-18
Part Lots 7, 8 and 9 Concession 1 (Geographic -
Haldimand)
On lands zoned Rural Residential Exception No. 1 8 (RR-
18) the building setb acks shall be as existing on October
13th, 2004.
7.4.19
RR-19
Part Lot 12, Concession 3 (Geographic - Alnwick)
On lands zoned Rural Residential Exception No. 19 (RR-19)
two (2) lots, one with a minimum lot area requirement of 0.14
hectares and a minimum lot frontage requirement of 22.86
metres and the other with a minimum lot area requirement of
0.14 hectares and minimum lot frontage requirement of 24.84
metres may be created.
7.4.20
RR-20
Part Lot 14, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 2 0 (RR-
20) the minimum lot area requirement shall be 0.35 hectares
and the minimum lot frontage requirement shall be 38 metres.
7.4.21
RR-21
Part Lot 28, Concession A (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 21 (RR-21)
all buildings and accessory structures in existence on or before
July 7, 1977 and which are located within the Rural Residential
Exception No. 21 (RR-21) shall be permitted in their existing
locations.
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7.4.22
RR-22
Part Lot 33, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 2 2 (RR-
22) all buildings and structures in existence on the July 7,
1977 shall be permitted in their existing locations. The
minimum lot area requirement shall be approximately 0.33
hectares.
7.4.23
RR-23
Part Lot 11, Concession 2 (Geographic - Haldimand)
On lands zone Rural Residential Exception No. 23 (RR-23) all
buildings and structures in existence on July 7, 1977 shall be
permitted in their existing locations. The minimum lot area
requirement shall be 0.3 hectares.
In addition, the minimum distance between an Extractive
Industrial Zone (ME) and a residential dwelling unit shall be 50
metres.
7.4.24
RR-24
Part Lot 11, Concession 2 (Geographic - Haldimand)
On lands zone Rural Residential Exception No. 24 (RR-24) all
buildings and structures in existence on July 7, 1977 shall be
permitted in their existing locations. The minimum lot area
requirement shall be 0.6 hectares.
In addition, the minimum distance between an Extractive
Industrial Zone (ME) and a residential dwelling unit shall be 50
metres.
7.4.25
RR-25
Part Lot 4, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 2 5 (RR-
25) the minimum distance between a dwelling house and the
Extractive Industrial Zone (ME) shall be 130 metres.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 151 of 240
7.4.26
RR-26
Part Lot 35, Concession A (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 26 (RR-26)
Zone the minimum lot frontage requirement shall be 39.2
metres. For the purposes of this section, lot frontage shall be
calculated along Chub Point Road.
In addition to the provisions of Section 4,24, Minimum Distance
Separation Requirements - Agricultural Uses, and Section
4.33, Special Separation Distances - Pits and Quarries and
Sensitive Uses, shall not apply.
7.4.27
RR-27
Part Lot 25, Concession B (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 27 (RR-27) a
maximum number of dwelling units permitted on a lot shall be
two (2).
In addition, the provisions of Section 4.24 Minimum Distance
Separation Requirements- Agricultural Uses, Section 4.33
Special Separation Distances- Pits and Quarries, and
Sensitive Uses, and Section 4.35 Special Separation
Distances - Waste Disposal Areas, shall not apply.
7.4.28
RR-28
Part Lot 31, Concession B (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 2 8 (RR-
28) the provisions of Section 4.24 Minimum Distance
Separation Requirements- Agricultural Uses, Section 4.33
Special Separation Distances- Pits and Quarries and
Sensitive Uses, and Section 4.35 Special Separation
Distances - Waste Disposal Areas, shall not apply. In
addition, no new dwelling house shall be erected within 50
metres of the high water mark of Lake Ontario.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 152 of 240
7.4.29
RR-29
Part Lots 29 and 30, Concession B (Geographic -
Haldimand)
On lands zoned Rural Residential Exception No. 2 9 (RR-
29) the following provisions shall apply and be complied with:
a) Zone Provisions:
i. Minimum Front Yard - 15.24 metres
ii. Minimum Exterior Side Yard - 15.24 metres
iii. Minimum Gross Floor Area - 74.3 metres
iv. Minimum Setback from Provincial Highway Centreline -
38.1 metres
v. Minimum Setback from County Road Centerline - 38.1
metres
vi. Minimum setback from another Street Centre Line -
25.29 metres
7.4.30
RR-30
Part Lot 13, Concession A (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 30 (RR-30)
the following provisions shall apply and be complied with:
a) Permitted Uses
i. One dwelling house containing an apartment within an
existing single detached dwelling for a family member
b) Zone Provisions
i. Minimum Front Yard Depth - 20 metres
ii. Minimum Setback from Street Center Line - 30 metres.
7.4.31
RR-31
Part Lot 26, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 31 (RR-31)
the minimum lot area requirement shall be 0.8 hectares. In
addition, no building or structure may be located within 15
metres of a watercourse.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 153 of 240
7.4.32
RR-32
Part Lot 30, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 32 (RR-32)
the minimum lot area requirement shall be 3 hectares and the
minimum lot frontage requirement shall be 200 metres and one
(1) mobile home only with a minimum interior side yard
setback of one (1) metre shall be permitted in addition to the
single dwelling house.
In addition, the provisions of Section 4.24 Minimum Distance
Separation Requirements- Agricultural Uses, Section 4.33
Special Separation Distances- Pits and Quarries and Sensitive
Uses, and Section 4.35 Special Separation Distances - Waste
Disposal Areas, shall not apply.
7.4.33
RR-33
Part Lot 32. Concession B (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 33 (RR-33)
the following provisions shall apply and be complied with:
a) Zone Provisions
i. Minimum setback from railway right-of-way:
ii. For a two (2) storey dwelling house with outdoor
living area in the front yard - 40 metres
iii. For a one (1) storey dwelling with the outdoor living
area located in the front yard - 50 metres
iv. For a one (1) or two (2) storey dwelling house with
the outdoor living area in the rear yard - 90 metres.
v. For the purposes of this clause an outdoor living area
shall mean a patio, deck, pool or other unenclosed area
used for active or passive recreation purposes.
7.4.34
RR-34
Part of Lot 14, Concession 2 (Geographic - Haldimand
Notwithstanding any provision of this By-law to the contrary, on
lands zoned Rural Residential Exception No. 34 (RR-34), the
minimum lot frontage requirement shall be 42 metres.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 154 of 240
7.4.35
RR-35
Part Lot 22, Concession 4 (Geographic - Alnwick)
On lands zoned Rural Residential Exception No. 35 (RR-35)
the minimum lot area requirement shall be 0.2 hectares and
the minimum lot frontage requirement shall be 86.26 metres.
In addition, the minimum rear yard setback requirement
shall be 7.62 metres.
7.4.36
RR-36
Part Lots 29, 30 and 31, Concession A (Geographic -
Haldimand)
On lands zoned Rural Residential Exception No. 36 (RR-36)
the following provisions shall apply:
a) Zone Provisions
i. Minimum Lot Area - 0.27 hectares
ii. Minimum Front Yard - 15.24 metres
iii. Minimum Exterior Side Yard - 15.24 metres
iv. Minimum Gross Floor Area - 74.32 sq. metres
v. Minimum setback from a Provincial Highway Centre line -
38.1 metres
vi. Minimum setback from a County Road Centre line -
38.1 metres
vii. Minimum Setback from another road - 25.29 metres
For the purposes of this section, where an existing lot has less
than the required lot area and or lot frontage, the deficient lot
area and/or lot frontage shall be deemed by Council to be the
required area and lot frontage of the lot.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 155 of 240
7.4.37
RR-37
Part Lot 4, Concession A (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 37 (RR-37)
an appliance and small engine service and sales
establishment conducted for financial gain may be located in
an accessory building on a lot used for single detached
dwelling purposes, provided that the gross floor area of the
accessory building used for the appliance and small engine
service and sale establishment purposes is less than 120
square metres, no person other than a member of the family is
engaged in the business, there is no display other than a sign
authorized by the Township in writing to indicated that a
business is conducted on the lot, and not more than 40 square
metres of the gross floor area of the accessory building may
be used for the retail sale of merchandise.
7.4.38
RR-38
Part Lot 20, Concession 4 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 38 (RR-39) a
single detached dwelling together with accessory buildings
and structures shall be permitted provided that the regulations
for a single detached dwelling comply with the Rural
Residential (RR) Zone with the exception being that the
minimum yard dimensions on the eastern interior side to be 30
metres.
7.4.39
RR-39
Part Lot 24 and 25, Concession A (Geographic -
Haldimand)
On lands zoned Rural Residential Exception No. 39 (RR-39)
the minimum lot area requirement shall be 0.4 hectares and
the minimum lot frontage requirement shall be 40 metres.
Notwithstanding the permitted uses within the Rural
Residential (RR) Zone, within the RR-39 zone applied to
Blocks 78, 79 and 87, the only uses permitted shall be those
permitted in the Environmental Protection (EP) Zone.
Within the RR-40 Zone no building or structure may be
erected on a lot which does not front on an improved public
street identified as the "defined area" with the notable
exception of lots 1, 17 and 72.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 156 of 240
7.4.40
RR-40
Part Lot 2, Concession 1 (Geographic - Alnwick)
Notwithstanding the minimum lot frontage requirement of the
Rural Residential (RR) Zone, to the contrary, within the Rural
Residential Exception No. 40 (RR-40) Zone, the minimum
lot frontage requirement shall be 35 metres (115 feet). Within
the Rural Residential Exception No. 40 (RR-40) Zone, lands in
the Environmental Protection (EP) Zone on the same lot
may be included in determining the lot area.
7.4.41
RR-41
Part Lot 21, Concession 3 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 41 (RR-41)
all of the provisions of the Rural Residential (RR) Zone shall
apply except for provisions related to proximity to non-
residential uses and provisions related to infilling.
7.4.42
RR-42-
H
Part Lot 18, Concession 9 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 42-Holding
(RR-42-H) the following provisions shall apply:
i) An accessory building for use as a private garage shall
comply with the following:
- such accessory building may be situated in a front yard
- the minimum front yard setback shall be 13.72 metres
- the minimum side yard setback to the north shall be 21.5
metres
- the minimum side yard setback to the south shall be 34.5
metres
Special Provisions for a Garden Suite:
i) "Garden Suite" means a one-unit detached residential
structure containing bathroom and kitchen facilities that is
ancillary to an existing residential structure and that is
designed to be portable.
ii) A Garden Suite shall be permitted in addition to the
permitted uses of the Rural Residential Exception No. 42
Zone, subject to and in accordance with the Temporary
Use provisions set out in this Bylaw.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 157 of 240
iii) A maximum of only one Garden Suite shall be permitted
within the lands zoned Rural Residential Exception No. 42
(RR-42).
iv) A Garden Suite shall be permitted only in a rear yard or an
interior side yard.
v) A minimum of one parking space shall be provided for a
Garden Suite in addition to the minimum number of parking
spaces required by other permitted uses of the Rural
Residential Exception No. 42 (RR-42) Zone.
vi) The minimum front yard setback for a Garden Suite shall
be 33.22 metres.
vii) The minimum interior side yard setback to the north for a
Garden Suite shall be 9.14 metres.
viii) The minimum interior side yard setback to the south for a
Garden Suite shall be 69 metres.
ix) The maximum floor area of a Garden Suite shall be 55
square metres.
x) A Garden Suite shall be limited to a maximum height of one
storey.
The Holding provision shall be removed from the Rural
Residential Exception No. 42-Holding (RR-42-H) Zone in
accordance with Section 36 of the Planning Act, R.S.O. 1990,
as amended, only when the following matters have been
secured to the satisfaction of the Township:
i) The installation, maintenance and removal of the Garden
Suite;
ii) The period of occupancy of the Garden Suite by any of
the persons named in the Agreement; and
iii) The monetary or other form of security that the
Township Council may require for actual or potential
costs to the Township.
iv) The Agreement has been registered on title to the
lands zoned Rural Residential Exception No. 42 (RR- 42)
Prior to the removal of the Holding (H) symbol, only those
uses that existed at the date of passing of this bylaw shall
be permitted.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 158 of 240
Pursuant to the provisions of Section 39.1 of the Planning
Act, R.S.O. 1990, as amended, the provisions of the RR-148
zone for a Garden Suite shall have effect for a maximum
period of ten (10) years, ending on 11:59 p.m. on November
26, 2018.
7.4.43
RR-43
Part Lot 35, Concession A (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 43 (RR-43)
the following provisions shall apply:
i)
The minimum lot area requirement shall be 0.30
hectares (0.74 acres)
ii) Included as permitted uses is a sales establishment
conducted for financial gain which may be located in the
existing accessory building for the sale of recreational
vehicles such as all-terrain vehicles (ATV's), dirt bikes,
go-karts and related accessories on the lot.
iii) The maximum gross floor area of the accessory building
used for sales establishment purposes shall be 160.53
square metres (1,728 square feet).
iv) Not more than 53.5 square metres (576 square feet) of
the gross floor area of the accessory building shall be
used for retail of merchandise.
v) There shall be no display other than a sign authorized by
the Township in writing to indicate that a business is
conducted on the lot.
vi) Hours of operation for sales of settlement shall be
Monday to Saturday 8 a.m. to 6 p.m. (Sunday Closed)
vii) The permitted zoning shall cease upon the sale of the
land and at which time the sales establishment as a
permitted use shall be deleted in the Residential
Exception No. 43 (RR-43) zone.
viii) The provisions of the Rural Residential (RR) zone shall
apply in all other respects.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 159 of 240
7.4.44
RR-44
Part Lot 32, Concession A (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 44 (RR-44)
the minimum rear yard requirement shall be 42 metres from
the toe of the bank. The provisions of the Rural Residential
Zone shall apply in all other respects.
7.4.45
RR-45
Part Lot 6, Concession 3, (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 45 (RR-45)
the front yard depth setback for the existing accessory building
defined as the equipment building shall be a minimum of 6.0
metres to the street line and shall be deemed existing in its
present location as of the date of passing of this zoning
amendment, (October 27th, 2010). The provisions of the Rural
Residential (RR) Zone shall apply in all other respects.
7.4.46
RR-46
Part Lot 4, Concession 3, (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 46 (RR-46)
the minimum front yard depth requirement shall be 54.86
metres. For the purposes of the Section, the front lot line shall
be the lot line abutting Turk Road (new connecting link) and lot
frontage shall be determined along Turk Road (new connecting
link). The provision 4.35 ("Special Separation Distance-Waste
Disposal Areas") shall not apply. The provisions of the Rural
Residential (RR) Zone shall apply in all other respects.
7.4.47
RR-47
Part Lot 4, Concession 3, (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 47 (RR-47)
the minimum front yard depth requirement shall be 91.44
metres. For the purposes of the Section, the front lot line shall
be the lot line abutting Turk Road (new connecting link) and lot
frontage shall be determined along Turk Road (new connecting
link). The provision 4.35 ("Special Separation Distance-Waste
Disposal Areas") shall not apply. The provisions of the Rural
Residential (RR) Zone shall apply in all other respects.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 160 of 240
7.4.48
RR-48
Part Lot 4, Concession 3, (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 48 (RR-48)
lot frontage shall be determined and calculated along Mercer
Lane. The provision 4.35 ("Special Separation Distance-Waste
Disposal Areas") shall not apply. The provisions of the Rural
Residential (RR) Zone shall apply in all other respects.
7.4.49
RR-49
Part Lot 4, Concession 3 (Geographic-Haldimand)
On lands zoned Rural Residential Exception No. 49 (RR-49)
the provision of Section 4.35 ("Special Separation Distance-
Waste Disposal Areas") shall not apply. The provision of the
Rural Residential (RR) Zone shall apply in all other respects.
7.4.50
RR-50
Part Lot 5, Concession 2 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 50 (RR-50)
the provision of Section 4.35 ("Special Separation Distance-
Waste Disposal Areas") shall not apply. All other provisions of
the Rural Residential (RR) Zone shall apply.
7.4.51
RR-51
Part Lot 15, Concession 1 (Geographic - Haldimand)
On lands zoned Rural Residential Exception No. 51 (RR-51)
the following shall apply:
a) Notwithstanding Section 4.2.2.1, a swimming pool shall be
permitted to be located in a front yard, and may be located
closer to the street line than the principal or main building on
the lot. The minimum front yard depth for a swimming pool
shall be 12.0 metres.
b) Section 4.2.7(a) shall not apply to a swimming pool. A
swimming pool shall be permitted in a front yard in
accordance with the provisions of the RR-51 Zone.
c) Notwithstanding Section 4.2.11, a swimming pool shall also
be permitted in a front yard in accordance with the
provisions of the RR-51 Zone.
d) The "pool enclosure" provision of Section 4.2.11 shall apply
to the swimming pool in the front yard.
e) The minimum lot area requirement shall be 0.28 hectares.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 161 of 240
7.4.52
RR-52
Part of Lot 9, Concession 3 (Geographic - Haldimand)
Notwithstanding any section of this By-law to the contrary, on
lands zoned Rural Residential Exception No. 52 (RR-52), the
accessory structure existing on February 28, 2019 shall be
permitted without a main permitted use and the front yard
setback shall be as existing on that same date.
7.4.53
RR-53
Part of Lot 6, Concession 1 (Geographic - Haldimand)
Notwithstanding Section 7.2.3 of this By-law to the contrary,
within the Rural Exception No. 53 (RU-53) Zone the front yard
depth requirement shall be as it existed on May 30, 2019.
In addition to the uses permitted in Section 7.1 of this By-law,
on lands zoned Rural Residential Exception No. 53 (RU-53), a
hobby farm is also a permitted use. For lands zoned Rural
Exception No. 53, a Hobby Farm is defined as an agricultural
use as defined in this By-law which permits the keeping of
livestock with a maximum of the equivalent of 2 nutrient units
as defined by the Ministry of Agriculture Food and Rural
Affairs.
7.4.54
RR-54
Part of Lots 34 & 35, Concession 2 (Geographic-Haldimand)
Notwithstanding Section 5.21 and 5.22 of this By-law, within the
Rural Exception No. 54 (RR-54) Zone a hobby farm is also a
permitted use. For lands zoned Rural Exception No. 54, a
Hobby Farm is defined as an agricultural use as defined in this
By-law which permits the keeping of livestock with a maximum of
the equivalent of 2 nutrient units as defined by the Ministry of
Agriculture Food and Rural Affairs.
7.4.55
RR-55-H
Rural Residential Exception 55 Holding (RR-55-H)
Notwithstanding any provision of this By-law to the contrary,
within the area zoned Rural Exception No. 55 Holding (RR-55-
H), development cannot occur until the holding symbol has been
removed. The Holding symbol shall only be removed upon
completion of a Hydrologic Evaluation undertaken by a qualified
professional addressing the requirements of Section 4.2.4 of the
Growth Plan for the Greater Golden Horseshoe.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 162 of 240
Section 8 - Hamlet Residential (HR) Zone
No person shall within any Hamlet Residential (HR) Zone use any land or erect, alter
or use any building or structure except in accordance with the following provisions:
8.1
Permitted Uses
8.1.1
a single detached dwelling
8.1.2
a semi-detached dwelling
8.1.3
a duplex dwelling
8.1.4
a secondary dwelling
8.1.5
a bed a breakfast establishment
8.1.6
a group home
8.1.7
a home occupation
8.1.8
a hospice care centre
8.1.9
a public use in accordance with section 4.28.1 of this Bylaw
8.2
Regulations For Uses Permitted in Section 8.1
8.2.1 Minimum Lot Area
Public Water Supply and
Private Sewage Disposal
Private Water
Supply and Private
Sewage Disposal
Single
Detached
Dwelling
4,000 sq. m
(43,057.05 sq. ft.)
4,000 sq. m
(43,057.05 sq. ft.)
Duplex Dwelling
6,000 sq. m
(64,585.58 sq. ft.)
6,000 sq. m
(64,585.58 sq. ft.)
Semi-Detached
Dwelling on Same
Lot
6,000 sq. m
(64,585.58 sq. ft.)
Not permitted
Semi-Detached
Dwelling on
Separate Lot
3,000 sq. m
(32,292.79 sq. ft.)
Not permitted
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 163 of 240
8.2.2 Minimum Lot Frontage
Public Water Supply and
Private Sewage Disposal
Private Water
Supply and Private
Sewage Disposal
Single
Detached
Dwelling
30.0 m (98.425 ft.)
38.0 m
(124.672 ft.)
Duplex Dwelling
30.0 m (98.425 ft.)
38.0 m
(124.672 ft.)
Semi-Detached
Dwelling on Same Lot
43.0 m (141.076 ft.)
Not permitted
Semi-Detached
Dwelling on Separate
Lot
21.0 m (68.9 ft.)
Not permitted
8.2.3 Minimum Front Yard Depth
7.5 m (24.60 ft.)
8.2.4 Minimum Exterior Side Yard Width
7.5 m (24.60 ft.)
8.2.5 Minimum Interior Side Yard Width
3.0 m (9.84 ft.)
8.2.6 Minimum Rear Yard Depth
7.5 m (24.60 ft.)
8.2.7 Maximum Building Height
11.0 m (36.09 ft.)
8.2.8 Maximum Lot Coverage of All Buildings
30%
8.2.9 Minimum Landscaped Open Space
30%
8.2.10 Maximum Number of Dwellings Per Lot
1
8.2.11 Maximum Number of Dwelling Units per Lot
2
8.3
General Zone Provisions
All provisions of Section 4, General Zone Provisions, of this By-law
where applicable to the use of any land, building or structure permitted
within the Hamlet Residential (HR) Zone shall apply.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 164 of 240
8.4
Special Hamlet Residential (HR) Zones
Notwithstanding the provisions outlined in the above sections for the
Hamlet Residential (HR) Zone to the contrary, the following sections outline
site specific Hamlet Residential (HR) exceptions zone categories. All other
provisions of the Hamlet Residential (HR) Zone shall apply and be complied
with.
8.4.1
HR-1
Part Lots 21 and 22, Concession A (Geographic -
Haldimand)
On lands zoned Hamlet Residential Exception No. 1 (HR-1)
one dwelling house containing an apartment within an existing
dwelling will be permitted on a lot.
8.4.2
HR-2
Part Lot 1, Concession B (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 2 (HR-2)
the minimum lot area requirement shall be 0.16 hectares and
the minimum lot frontage requirement shall be 20.11 metres.
8.4.3
HR-3-H
Part Lots 23 and 24, Concession A (Geographic -
Haldimand)
On lands zoned Hamlet Residential Exception No. 3-
Holding (HR-3-H) the following provisions shall apply and be
complied with:
a) Permitted Uses:
i. All uses of Section 8.1
a) Zone Provisions
i. The minimum lot area requirement shall be 0.23
hectares.
ii. The minimum front yard depth requirement shall be 12
metres.
iii. The maximum front yard depth requirement for a
dwelling shall be 22 metres.
iv. The minimum interior side yard width requirement shall
be 4 metres.
v. The minimum exterior side yard width requirement
shall be 12 metres.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 165 of 240
vi. The maximum number of dwellings per lot shall be 1
(one).
vii. The minimum dwelling floor area of a one-storey
dwelling shall be 140.0 square metres, and the minimum
ground floor area of a dwelling containing more than one
storey shall be 93.0 square metres.
viii. A by-law shall not be enacted to remove a "Holding"
(H) symbol from the lands shown on Schedule "A"
of By-Law No. 37-2013 until a subdivision
agreement has been executed and registered on title
to the lands.
8.4.4
HR-4
Part Lots 23 and 24, Concession A (Geographic -
Haldimand)
On lands zoned Hamlet Residential Exception No. 4 (HR-4)
the following provisions will apply and be complied with:
a) Permitted Uses
i) All uses of Section 8.1.
ii) A maximum of one (1) model home within the HR-4 zone
area.
a) Zone Provisions
i.
The minimum lot area requirement shall be 0.23
hectares.
ii.
The minimum front yard depth requirement shall
be 12 metres.
iii.
The minimum interior side yard width requirement
shall be 4 metres.
iv.
The minimum exterior side yard width
requirement shall be 12 metres.
v.
The maximum number of dwellings per lot shall be 1
(one).
vi.
The minimum dwelling floor area of a one-storey
dwelling shall be 140.0 square metres, and the
minimum ground floor area of a dwelling containing
more than one storey shall be 93.0 square metres.
vii.
A by-law shall not be enacted to remove a
"Holding" (H) symbol from the lands shown on
Schedule "A" of By-Law No. 37-2013 until a
subdivision agreement has been executed and
registered on title to the lands.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 166 of 240
Notwithstanding the above provision, a By-law may be
enacted to remove the Holding (H) symbol on a
portion of the lands zoned Hamlet Residential
Exception No. 4 (HR-4) where an agreement
acceptable to the Township has been executed and
registered on title to provide for the construction and
use of a maximum of one (1) model home within the
HR-4 zone area on lands fronting onto Station Road
and located immediately south of the Open Space
(OS) zone area fronting on Station Road.
viii. For the purposes of the Hamlet Residential Exception
No. 4 (HR-4) Zone, a "model home" shall mean a single
detached dwelling used for the sole purpose of an office
and/or show room and/or sales centre to promote the
sale of residential units within a draft-approved plan of
subdivision proposed for registration. A model home
shall not be used for human habitation, and shall meet
the minimum floor area requirements of Section
8.4.4(b)(vi) above and all other provisions of this By-
law."
Notation: Please note that Municipal By-Law 26-2016 was
passed on March 24th, 2016 to remove the Holding symbol
("H").
8.4.5
HR-5
Part Lot 23, Concession A (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 5 (HR-5)
the minimum lot frontage requirement shall be 22 metres.
8.4.6
HR-6
Part Lot 23, Concession A (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 6 (HR-6)
the minimum lot frontage requirement shall be 22 metres. The
buildings existing on January 1st, 2002 and any future addition
and/or improvement thereto are a permitted use providing that
the existing building setbacks are not further reduced beyond
the provisions of the Hamlet Residential (HR) Zone.
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November 28, 2019
Page 167 of 240
8.4.7
HR-7
Part Lot 1, Concession B (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 7 (HR-7)
the minimum lot frontage for a lot existing as April 21st, 2004
and fronting onto County Rd. #31 shall be 24.07 metres.
8.4.8
HR-8
Part Lot 18, Concession 3 (Geographic - Alnwick)
On land zoned Hamlet Residential Exception No. 8 (HR-8)
a garage shall be a permitted accessory structure and shall
be set back either a minimum distance of 60 metres from the
front lot line or in the rear yard of the residential building,
whichever is the greater distance from the front lot line.
Permitted uses for this garage shall include the storage of
a tractor and a water truck. The height limit of accessory
structures shall be limited to 6 metres and the total lot
coverage of all accessory buildings and structures shall not
exceed 5% of the lot area.
No portion sh all be used for open storage of goods or
materials under any circumstances.
8.4.9
HR-9
Part Lot 17, Concession 2 (Geographic - Alnwick)
On lands zoned Hamlet Residential Exception No. 9 (HR-9)
the minimum frontage requirement on a public road shall be 5
metres and the minimum lot area requirement shall be as
existing on June 9th, 1987.
8.4.10
HR-10
Part Lot 17, Concession 3 (Geographic - Alnwick)
On lands zoned Hamlet Residential Exception No. 10 (HR-10)
the minimum lot frontage requirement shall be 22.5 meters.
8.4.11
HR-11
Part Lot 21, Concession 1 (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 11 (HR-11)
a maximum of eleven (11) lots only, having a frontage on an
improved public road, shall be permitted, and each such lot
shall have a minimum frontage requirement of 37 metres.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 168 of 240
8.4.12
HR-12
Part Lot 14, Concession A (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 12 (HR-12)
the minimum lot area requirement shall be 0.3 hectares.
8.4.13
HR-13
Part Lot 14, Concession A (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 13 (HR-13)
the minimum lot area requirement shall be 0.10 hectares and
the minimum lot frontage requirement shall be 22.86 metres.
8.4.14
HR-14
Part Lot 2, Concession B (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 14 (HR-14)
the following provisions shall apply and be complied with:
a) Permitted Residential Uses
i. One (1) apartment dwelling house comprising a
maximum of two (2) dwelling units and each such
dwelling unit having a maximum gross floor area of 70
square metres.
ii. The minimum lot area requirement for apartment
dwelling house - 0.16 hectares.
8.4.15
HR-15
Part Lot 19, Concession 5 (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 15 (HR-15)
all buildings and structures, including a single detached
dwelling, as we as septic systems and driveway access points,
shall only be permitted within 45 metres of the south limit of
the HR-15 zone. No buildings or structures, septic systems,
driveway access points, or the dumping of fill shall be
permitted on those lands within the remaining portion of the
HR-15 Zone.
Township of Alnwick/Haldimand
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November 28, 2019
Page 169 of 240
8.4.16
HR-16
Part Lot 22, Concession A (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 16 (HR-16)
the Provisions of Section 4.24 Minimum Distance Separation
Requirements- Agricultural Uses, Section 4.33 Special
Separation Distances- Pits and Quarries and Special Uses, and
Section 4.35 Special Separation Distances Waste Disposal
Areas shall not apply.
8.4.17
HR-17
Part Lot 21, Concession 9 (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 17 (HR-17)
the Provisions of Section 4.24 Minimum Distance Separation
Requirements- Agricultural Uses, Section 4.33 Special
Separation Distances Pits and Quarries and Special Uses, and
Section 4.35 Special Separation Distances Waste Disposal
Areas, shall not apply.
8.4.18
HR-18
Part Lot 24, Concession A (Geographic - Haldimand)
Notwithstanding the minimum lot area and minimum lot
frontage requirements of Sections 8.2.1 and 8.2.2 of this By-
law, within the Hamlet Residential Exception No. 18 (HR-18)
Zone, the minimum lot area and minimum lot frontage shall be
as existing at the date of passing of this By-law.
On lands zoned Hamlet Residential Exception No. 18 (HR-18)
no buildings or structures may be permitted within the
Environmental Protection (EP) Zone.
8.4.19
HR-19
Part Lot 14, Concession A (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 19 (HR-19)
the minimum lot area requirement shall be 0.4 hectares and
the minimum lot frontage requirement shall be 45 metres.
In addition, the Provisions of Section 4.24 Minimum Distance
Separation Requirements- Agricultural Uses, Section 4.33
Special Separation Distances Pits and Quarries and Special
Uses, and Section 4.35 Special Separation Distances Waste
Disposal Areas, shall not apply.
Township of Alnwick/Haldimand
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November 28, 2019
Page 170 of 240
8.4.20
HR-20
Part Lot 4, Concession 9 (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 20 (HR-20)
the minimum rear yard setback requirement shall be 30
metres. For the purposes of this section, the lot frontage shall
be calculated on Noonan Road.
8.4.21
HR-21
Part Lot 24, Concession 1 (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 21 (HR-21)
one single detached dwelling on a lot may be erected,
provided that any private sewage disposal system located
thereon is in the front yard.
8.4.22
HR-22
Part Lot 24, Concession 1 (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 22 (HR-22)
one single detached dwelling on a lot may be erected
provided that any private sewage disposal system located
thereon is in the rear yard.
8.4.23
HR-23
Part Lot 13, Concession A (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 23 (HR-23)
a maximum of two (2) dwelling units shall be permitted in one
(1) dwelling house. The provisions of the Hamlet Residential
(HR) Zone shall apply.
8.4.24
HR-24
Part Lot 24, Concession A (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 24 (HR-24)
the minimum lot area requirement shall be 0.3 hectares, and
the minimum lot frontage requirement shall be 18 metres. In
addition, the minimum front yard depth requirement shall be 15
metres.
Township of Alnwick/Haldimand
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November 28, 2019
Page 171 of 240
8.4.25
HR-25
Part Lot 11, Concession 3, (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 25 (HR-25)
the minimum lot area requirement shall be 3,700 square metres.
For the purposes of this section, lot frontage shall be calculated
along Victoria Street. The setbacks for buildings and structures
on the easterly of the two lots zoned HR-25 (HR-25) shall be
existing on July 27th, 2011. The provisions of the Hamlet
Residential (HR) Zone shall apply in all other respects.
8.4.26
HR-26
Part Lot 2, Concession 1, (Geographic - Haldimand)
On lands zoned Hamlet Residential Exception No. 26 (HR-26),
the minimum rear yard depth requirement shall be 40.0 metres
(131.24 feet). The provisions of the Hamlet Residential (HR)
Zone shall apply in all other respects.
8.4.27
HR-27
Part Lot 22, Concession A (Geographic - Haldimand)
a) Permitted Uses:
i. All uses of Section 8.1 of the Hamlet Residential (HR)
Zone.
ii. One accessory building for a small-scale industrial use for
the purposes of storage of agricultural products (seed) (an
"agricultural products storage building").
b) Regulations:
i. The maximum floor area of an agricultural products storage
building shall be 222.96 square metres (2,400.0 square feet).
ii. The maximum height of an agricultural products storage
building shall be 7.315 metres (24.0 feet), and shall be a
maximum of one storey.
iii. The minimum front yard depth for an agricultural products
storage building shall be 81.0 metres (265.75 feet).
iv. The minimum interior side yard width (all side yards) for an
agricultural products storage building shall be 20.0 metres
(65.616 feet).
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 172 of 240
v. Section 4.2.2.1 of this By-law shall not apply to an
accessory agricultural products storage building in the HR-39
Zone, with respect to the location of an accessory building in
relation to the location of the principal or main building on the
lot.
vi. Outside storage and outside display and sale related to an
agricultural products storage building shall not be permitted.
vii. The maximum number of dwellings per lot in the HR-27
Zone shall be one (1).
viii. All other provisions of the Hamlet Residential (HR) Zone
shall apply.
8.4.28
HR-28
Part Lot 24, Concession A, (Geographic - Haldimand)
a) Permitted Uses:
(i) All uses of Section 8.1
(ii) A maximum of one (1) model home per lot within
the HR-28 zone area.
b) Zone Regulations:
(i) Minimum lot area: 0.23 hectares
(ii) Minimum front yard depth: 12.0 metres
(iii) Minimum interior side yard width: 4.0 metres
(iv) Minimum exterior side yard width: 12.0 metres
(v) Maximum number of dwellings per lot: one (1)
(vi) The minimum dwelling floor area of a one-storey dwelling
shall be 140.0 square metres, and the minimum ground
floor area of a dwelling containing more than one storey
shall be 93.0 square metres.
(vii) For the purposes of the Hamlet Residential Exception
No. 2 (HR-28) Zone, a "model home" shall mean a single
detached dwelling used for the sole purpose of an office
and/or show room and/or sales centre to promote the
sale of residential units within a draft-approved plan of
subdivision proposed for registration. A model home
shall not be used for human habitation.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 173 of 240
8.4.29
HR-29
Part Lot 21, Concession 1 (Geographic-Haldimand)
On lands zoned Hamlet Residential Exception No. 29 (HR-29),
the minimum front yard depth requirement shall be 1.0 metres
(3.28 feet). The provisions of the Hamlet Residential (HR) Zone
shall apply in all other respects.
8.4.30
HR-30
Part Lot 14, Concession A, (Geographic - Haldimand)
Notwithstanding the permitted uses outlined in 8.1 as otherwise
amended to the contrary on lands zoned Hamlet Residential
Exception No. 30 (HR-30) the following use is only permitted
that being:
-
a single detached dwelling
Notwithstanding the regulations of the Hamlet Residential Zone
as otherwise amended to the contrary on lands zoned Hamlet
Residential Exception No. 30 (HR-30) the following shall apply:
a) The minimum lot area requirement shall be 0.0931
hectares.
b) For the purposes of this Section, lot frontage shall be
calculated along Wicklow Beach Road.
c) The minimum front yard depth requirement shall be 0.91
metres (3.0 feet).
d) The minimum exterior side yard width requirement shall be
4.57 metres (15.0 feet).
e) The minimum rear yard depth requirement shall be 0.91
metres (3.0 feet).
f)
The maximum number of dwellings per lot: 1
g) The maximum number of dwelling units per lot: 1
h) The regulations of the Hamlet Residential (HR) Zone shall
apply in all other respects.
Township of Alnwick/Haldimand
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November 28, 2019
Page 174 of 240
Section 9 - Shoreline Residential (SR) Zone
No person shall with a Shoreline Residential (SR) Zone use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
9.1
Permitted Uses
9.1.1
a single detached dwelling
9.1.2
a seasonal dwelling
9.1.3
a secondary dwelling
9.1.4
a bed and breakfast establishment
9.1.5
a home occupation
9.1.6
a public use in accordance with section 4.28.1 of this By-law
9.2
Regulations For Uses Permitted in Section 9.1
9.2.1
Minimum Lot Area
0.4 ha (0.99 ac.)
9.2.2
Minimum Lot Frontage
60.0 m (196.8 ft.)
9.2.3
Minimum Front Yard Depth
12.0 m (39.37 ft.)
9.2.4
Minimum Exterior Side Yard Width
12.0 m (39.37 ft.)
9.2.5
Minimum Interior Side Yard Width
6.0 m (19.69 ft.)
9.2.6
Minimum Rear Yard Depth
12.0 (39.37 ft.)
9.2.7
Minimum Water Yard
30.0 m (98.42 ft.) or in
accordance with section
4.30, whichever is
greater
9.2.8
Maximum Building Height
11.0 m (36.09 ft.)
9.2.9
Maximum Lot Coverage of All Buildings
20%
9.2.10
Minimum Landscaped Open Space
30%
9.2.11
Maximum Number of Dwellings Per Lot
1
9.2.12
Maximum Number of Dwelling Units Per Lot
1
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Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 175 of 240
9.3
General Zone Provisions
All provisions of Section 4, General Zone Provisions, of this By-law
where applicable to the use of any land, building or structure
permitted within the Shoreline Residential (SR) Zone shall apply.
9.4
Special Shoreline Residential (SR) Zones
Notwithstanding the provisions outlined in the above sections for the
Shoreline Residential (SR) Zone to the contrary, the following sections
outline site specific Shoreline Residential (SR) exceptions zone
categories. All other provisions of the Shoreline Residential (SR) Zone
shall apply and be complied with.
9.4.1 SR-1
Part Lot 3, Concession 2, (Geographic - Alnwick)
On lands zoned Shoreline Residential Exception No. 1 (SR-1) the
minimum lot area requirement shall be 0.34 hectares. The seasonal
dwelling as to its existing location on the property is confirmed as of the
date of passing of this By-Law. For the purposes of this Section, lot
frontage shall be calculated along County Road 18. The provisions of the
Rural (RU) Zone shall apply in all other respects.
9.4.2 SR-2
Part Lot 3, Concession 2, (Geographic - Alnwick)
On lands zoned Shoreline Residential Exception No. 2 (SR-2), the
minimum lot area requirement shall be 0.34 hectares and the minimum lot
frontage requirement shall be 45.71 metres. The provisions of the Rural
(RU) Zone shall apply in all other respects.
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Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 176 of 240
9.4.3 SR-3 Part Lots 26, 27 and 28 Concession A (Geographic - Haldimand)
On lands zoned Shoreline Residential Exception No. 3 (SR-3) the
following provisions shall apply and be complied with:
a. Zone Provisions
i. Minimum lot area - 0.15 hectares
ii. Minimum lot frontage - 20 metres
iii. Minimum front yard - 10 metres
iv. Minimum exterior side yard - 5 metres
v. Minimum interior side yard - 3 metres
vi. Minimum rear yard - 10 metres
vii. Minimum gross floor area per dwelling unit - 74.3 square metres
viii. Minimum lot coverage all buildings - 20%
ix. Minimum setback from street centreline - 25.3 metres
x. Minimum open space - 30%
xi. Minimum number of dwelling houses per lot - 1 only
xii. Minimum number of dwelling units per lot - 1 only
xiii. Minimum height of building - 10.6 metres
In addition, no building or structure shall be erected within 37 metres of
the toe-of-cliff or within 15 metres of any watercourse located within the
SR-3 zone, as determined by the Chief Building Official of the
Township.
Notwithstanding section 4.13 Frontage Requirements, a building or
structure may be permitted on a lot if said lot fronts upon an improved
public street or a private road.
For the purposes of this section, where a term "LOT" is used it shall
mean Lot 1 to 106 as shown on Master Plan No. 3 Plastova Sich-
Ukrainian Camp Grafton.
9.4.4
SR-4 Part Lot 8, Concession 4, (Geographic - Alnwick)
On lands zoned Shoreline Residential Exception No. 4 (SR-4)
the minimum lot frontage requirement shall be 30.48 metres.
For the purposes of this section, lot frontage shall be
calculated along Shearer Point Road. The buildings and
structures shall be as existing on June 22nd, 2011. The
provisions of the Shoreline Residential (SR) Zone shall apply in
all other respects.
Township of Alnwick/Haldimand
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November 28, 2019
Page 177 of 240
Section 10 - Limited Service Residential (LSR) Zone
No person shall with a Limited Service Residential (LSR) Zone use any land or erect,
alter or use any building or structure except in accordance with the following
provisions:
10.1 Permitted Uses
10.1.1
an existing single detached dwelling in accordance with Section 4.13.4
10.1.2
a seasonal dwelling in accordance with Section 4.13.4
10.1.3
a home occupation
10.1.4
a public use in accordance with section 4.28.1 of this By-law
10.2 Regulations For Uses Permitted In Section 10.1
10.2.1
Minimum Lot Area
0.4 ha (0.99 ac.) or as
existing at the date of
passing of this By-law,
whichever is less.
10.2.2
Minimum Lot Frontage
30.0 m (98.42 ft.) or as existing
at the date of passing of
this By-law, whichever is
less.
10.2.3
Minimum Front Yard Depth
12.0 m (39.37 ft.)
10.2.4
Minimum Exterior Side Yard Width
12.0 m (39.37 ft.)
10.2.5
Minimum Interior Side Yard Width
6.0 m (19.69 ft.)
10.2.6
Minimum Rear Yard Depth
12.0 m (39.37 ft.)
10.2.7
Minimum Water Yard
30.0 m (98.42 ft.) or in
accordance with section
4.30 of this By-law,
whichever is greater
10.2.8
Maximum Building Height
11.0 m (36.09 ft.)
10.2.9
Maximum Lot Coverage of All Buildings
20%
10.2.10 Minimum Landscaped Open Space
30%
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Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 178 of 240
10.2.11 Maximum Number of Dwellings Per Lot
1
10.2.12 Maximum Number of Dwelling Units Per Lot
1
10.3 Private Right-Of-Way and Water Access
In a Limited Service Residential (LSR) Zone, there is no commitment or
requirement by the Corporation to assume responsibility for ownership or
maintenance of any private right-of-way or lane. The intent of the
Limited Service Residential (LSR) Zone is to recognize existing residential
development and lots on private rights-of-way or with water access only.
10.4 New Single Detached Dwellings or Conversions
The construction of a new single detached dwelling or the conversion of a
seasonal dwelling to a single detached dwelling on a lot zoned Limited
Service Residential (LSR) shall require an amendment to this By-law.
10.5 General Zone Provisions
All provisions of Section 4, General Zone Provisions, of this By-law
where applicable to the use of any land, building or structure
permitted within the Limited Service Residential (LSR) Zone shall
apply.
10.6 Special Limited Service Residential (LSR) Zones
Notwithstanding the provisions outlined in the above sections for the
Limited Service Residential (LSR) Zone to the contrary, the following
sections outline site specific Limited Service Residential (LSR) exception
zone categories. All other provisions of the Limited Service Residential
(LSR) Zone shall apply and be complied with.
10.6.1
LSR-1
Part Lot 19, Concession 7 (Geographic - Alnwick)
On lands zoned Limited Service Residential Exception No. 1
(LSR-1) a seasonal dwelling may be erected, reconstructed or
altered on a lot which fronts on a private road, which existed at
the date of the passing of Restricted Area Bylaw Number 1030-
75, and such lot was not zoned Seasonal Residential (SR) at the
date of the passing of Restricted Area Bylaw Number 1030-75.
Such lots shall have a minimum lot area requirement of 0.046
hectares and a minimum lot frontage of 15.24 metres.
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November 28, 2019
Page 179 of 240
10.6.2
LSR-2
Lands Comprising Part of Margaret's Island (Geographic -
Alnwick)
On lands zoned Limited Service Residential Exception No. 2
(LSR-2) the minimum lot area requirement shall be 3 hectares and
a maximum of two (2) lots only shall be permitted.
10.6.3
LSR-3
Part Lot 22, Concession 7 (Geographic - Alnwick)
On lands zoned Limited Service Residential Exception No. 3
(LSR-3) the minimum lot area requirement shall be 0.18 hectares
and the minimum lot frontage requirement shall be 31.9 metres. A
maximum of three (3) lots only shall be permitted.
10.6.4
LSR-4
Part Lot 9, Concession 3 (Geographic - Alnwick)
On lands zoned Limited Service Residential Exception No. 4
(LSR-4) the minimum lot frontage shall be 9 metres.
10.6.5
LSR-5
Part Lot 20, Concession 7 (Geographic - Alnwick)
On lands zoned Limited Service Residential Exception No. 5
(LSR-5) the following provisions shall apply and be complied with:
a) Zone Provisions:
i. Minimum lot area 0.109 hectares
ii. Minimum lot frontage 33.8 metres
iii. Minimum Front Yard Requirement 10.9 metres
iv. Minimum Interior Side Yard Requirement relative to
the western boundary 2.3 metres
v. Minimum setback from high water mark of Rice Lake 14
metres.
10.6.6
LSR-6-
H
Part Lots 10 and 11, Part of White Island (Geographic -
Alnwick)
On lands zoned Limited Service Residential Exception No. 6-
Holding (LSR-6-H) a boat house, pump house and any other
docks other than floating docks shall not be permitted and
docks shared by two adjoining cottages may be located closer
than 1.2 metres to the side lot line.
The minimum lot area requirement shall be 0.6 hectares and the
minimum lot frontage requirement shall be 50 metres.
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November 28, 2019
Page 180 of 240
The Holding (H) provision shall prevent the development of the
lands in the LSR-6 Zone until such time as all financial, planning
and engineering issues have been resolved to the satisfaction of
the Township.
10.6.7
LSR- 7
Part Lot 20, Concession 7 (Geographic - Alnwick)
On lands zoned Limited Service Residential Exception No. 7
(LSR-7) the following provisions shall apply and be complied
with:
a) Zone Provisions:
i. Minimum lot area 0.09 hectares
ii. Minimum lot frontage 30 metres
iii. Minimum front yard dimension requirement 5 metres
iv. Minimum interior side yard dimension requirement relative to
the eastern boundary 3.3 meters.
v. Minimum setback from high water mark of Rice Lake 11
metres
vi. Side yard setback for boathouse relative to the eastern
boundary 0.3 metres.
10.6.8
LSR- 8
Lands Comprising Part of Margaret's Island, Lying Opposite
Lot 17, Concession 6 (Geographic - Alnwick)
On lands zone Limited Service Residential Exception No.8 (LSR-
8) the minimum lot area requirement shall be 0.14 hectares.
10.6.9
LSR- 9
Part Lot 19, Concession 7 (Geographic - Alnwick)
On lands zoned Limited Service Residential Exception No. 9
(LSR-9) any existing lot, which fronts on a private road, may be
used for a use permitted in the Limited Service Residential (LSR)
Zone, provided all other Zone Provisions are complied with. For
the purposes of LSR-13 zone the six existing lots within Plan 30
shall be deemed to have frontage on a private road.
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November 28, 2019
Page 181 of 240
10.6.10
LSR- 10
Part Lot 3, Concession 2 (Geographic - Alnwick)
On lands zoned Limited Service Residential Exception No.
1 0 (LSR-10) one (1) seasonal dwelling and uses, buildings and
structures accessory thereto, are permitted on a lot having a
minimum area of 0.35 hectares.
10.6.11
LSR- 11
Part Lot 3, Concession 2 (Geographic - Alnwick)
On lands zoned Limited Service Residential Exception No. 11
(LSR-11) one (1) seasonal dwelling and uses, buildings and
structures accessory thereto, are permitted on a lot having a
minimum area of 0.14 hectares and a minimum frontage
requirement of 29.57 metres.
10.6.12
LSR- 12
Part Lot 20, Concession 7 (Geographic - Alnwick)
On lands zoned Limited Service Residential Exception No. 12
(LSR-12) the minimum lot area requirement shall be 0.24
hectares. The minimum lot frontage requirement shall be 45.72
metres. All other provisions of the Shoreline Residential Zone
shall apply.
10.6.13
LSR- 13
Part Lot 20, Concession 7 (Geographic - Alnwick)
On lands zoned Limited Service Residential Exception No.13
(LSR-13) the minimum lot area requirement shall be 0.50 hectares
and the minimum lot frontage requirement shall be 13.71 metres.
All other provisions of the Shoreline Residential Zone shall apply.
Township of Alnwick/Haldimand
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November 28, 2019
Page 182 of 240
Section 11- General Commercial (GC) Zone
No person shall within any General Commercial (GC) Zone use any land or erect,
alter or use any building or structure except in accordance with the following
provisions:
11.1 Permitted Uses
11.1.1
an accessory single detached dwelling
11.1.2
an accessory dwelling unit
11.1.3
an assembly hall, auditorium, community centre or elderly persons
centre
11.1.4
an auction barn
11.1.5
a bakery, small-scale
11.1.6
a bake shop
11.1.7
a building supply outlet or lumber yard
11.1.8
a business, professional or administrative office, including a bank
or financial establishment
11.1.9
a commercial greenhouse
11.1.10 a commercial or private club
11.1.11 a day nursery
11.1.12 a drive-through facility
11.1.13 an eating establishment
11.1.14 an equipment sales, rental and repair establishment, including a
farm implement and equipment sales and service establishment
11.1.15 a flea market
11.1.16 a funeral home
11.1.17 a garden nursery sales and supply establishment
11.1.18 a hotel or motel
11.1.19 a laundromat
11.1.20 a laundry or dry cleaners establishment
11.1.21 a medical or dental clinic
11.1.22 a miniature golf course
11.1.23 any type of motor vehicle facility excluding a motor vehicle body shop
11.1.24 a parking lot
11.1.25 a place of entertainment
11.1.26 a place of worship
11.1.27 a printing or publishing establishment
11.1.28 a propane refill establishment
11.1.29 a public park
11.1.30 a public transportation depot or terminal
11.1.31 a public use in accordance with section 4.28.1 of this By-law
11.1.32 a recreational establishment
11.1.33 a recreation vehicle, marine or travel trailer dealership
11.1.34 a retail commercial establishment, including a convenience store
Township of Alnwick/Haldimand
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November 28, 2019
Page 183 of 240
or food supermarket
11.1.35 a service shop, including a personal service shop
11.1.36 a veterinary clinic
11.2 Regulations For Uses Permitted in Section 11.1
11.2.1
Minimum Lot Area
0.4 ha (0.99 ac.)
11.2.2
Minimum Lot Frontage:
45.0 (147.63 ft.)
11.2.3
Minimum Front Yard
15.0 m (49.21 ft.)
11.2.4
Minimum Exterior Side Yard Width
12.0 m (39.37 ft.)
11.2.5
Minimum Interior Side Yard Width
6.0 m (19.69 ft.)
-
except where the interior side lot line abuts a
Residential Zone, the minimum interior side
yard shall be
9.0 m (29.53 ft.)
11.2.6
Minimum Rear Yard Depth
7.5 m (24.60 ft.)
11.2.7
Maximum Building Height
11.0 m (36.09 ft.)
11.2.8
Maximum Lot Coverage of All Buildings:
(a) Motor Vehicle Fuel Establishment, Hotel
or Motel
20%
(b) Other Permitted Uses
40%
11.2.9
Minimum Landscaped Open Space:
(a) Motor Vehicle Fuel Establishment, Hotel
or Motel
5%
(b) Other Permitted uses
10%
11.2.10 Maximum Number of Dwelling Units or
Dwellings Per Lot
1 only
11.3 Buffer Strip Requirements
Where the interior side or rear lot line abuts a Residential, Open Space or
Community Facility Zone a buffer strip shall be provided in accordance with
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Section 4.6 of this By-law.
11.4 Requirements For Open Storage
11.4.1
Every open storage use shall be accessory to the main building on
the lot;
11.4.2
An open storage use shall not be permitted in the front yard.
11.5 Dwelling Unit Location
A dwelling unit located in a non-residential building shall not be permitted in
portions of the first or ground floor level of the building having direct access to
a front or exterior side yard, or to the adjacent street where no yard exists.
11.6 Fuel Pump Location
11.6.1
Notwithstanding any other provisions of this By-law to the contrary, a
fuel pump island or fuel pumps, as part of or as accessory to a motor
vehicle fuel establish shall be located in accordance with the
following:
(a) the minimum distance between any portion of the pump island or
fuel pumps and any street line or any rear or interior side lot line
is not less than 4.5 m (14.76 ft.); and
(b) where a lot is a corner lot, no portion of any pump island or
fuel pumps shall be located closer than 3.0 metres (9.84 ft.) to
a straight line between a point in the front lot line and point in
the exterior lot line, such point being distant 15.0 metres
(49.21 ft.) from the intersection of such lines.
11.6.2
Bulk fuel and propane storage tanks shall be installed in accordance
with the provisions of the Gasoline Handling Act or the Ontario
Propane Storage Handling and Utilization Code as may be
applicable.
11.7 General Zone Provisions
All provisions of Section 4, General Zone Provisions, where applicable to the
use of any land, building or structure permitted within the General Commercial
(GC) Zone shall apply.
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11.8 Special General Commercial (GC) Zones
Notwithstanding the provisions outlined in the above sections for the
General Commercial (GC) Zone to the contrary, the following sections outline
site specific General Commercial (GC) Zone exception zone categories. All
other provisions of the General Commercial (GC) Zone shall apply and be
complied with.
11.8.1
GC-1
Part Lot 15, Concession 1 (Geographic - Alnwick)
On lands zoned General Commercial Exception No. 1 (GC-1) the
permitted uses shall include a retail establishment and or a motor
vehicle gasoline bar.
11.8.2
GC-2
Part Lot 22, Concession 9 (Geographic - Haldimand)
On lands zoned General Commercial Exception No. 2 (GC-2) only
a retail commercial establishment, which sells, at retail goods,
products and articles which are farm-oriented in natures, including
a plumbing supplies outlet and a plumbing business, shall be
permitted.
11.8.3
GC-3
Part Lot 22, Concession 9 (Geographic - Haldimand)
On the lands zoned General Commercial Exception No. 3 (GC-3)
only a contractor's yard, motor vehicle repair garage and a retail
commercial establishment shall be permitted.
11.8.4
GC-4
Part Lot 25, Concession A (Geographic - Haldimand)
On the lands zoned General Commercial Exception No. 4 (GC-4)
the following permitted uses are:
- an eating establishment;
- antique sales outlet;
- an accessory dwelling unit;
- a business, professional or administrative office, including a bank
or financial establishment;
- a day nursery;
- a medical or dental clinic;
- a veterinarian clinic;
- a retail commercial establishment for clothing;
- a bed and breakfast establishment
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- a garden nursery sales and supply establishment in the existing
accessory building (garage).
Notwithstanding the lot area and lot frontage requirements of the
General Commercial (GC) Zone, as otherwise amended to the
contrary, on lands zoned General Commercial Exception No. 4
(GC-4), the following shall apply:
i)
The minimum lot area requirement shall be 0.20 hectares.
ii)
The minimum lot frontage requirement shall be 38.10 metres.
iii)
The buildings and structures shall be as existing as of
October 27th, 2010.
iv)
The provisions of the General Commercial (GC) Zone shall
apply in all other respects.
11.8.5
GC-5
Part Lot 14, Concession A (Geographic - Haldimand)
On the lands zoned General Commercial Exception No. 5 (GC-5)
only a motor vehicle gasoline bar and a convenience store shall be
permitted.
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Section 12 - Hamlet Commercial (HC) Zone
No person shall within any Hamlet Commercial (HC) Zone use any land or erect, alter
or use any building or structure except in accordance with the following provisions:
12.1 Permitted Uses
12.1.1
a dwelling unit in a non-residential building
12.1.2
a bake shop
12.1.3
a bakery, small-scale
12.1.4
a bank or financial institution
12.1.5
a business, professional or administrative office
12.1.6
a commercial or private club
12.1.7
a day nursery
12.1.8
a drive-through facility
12.1.9
a dry cleaning or laundry outlet
12.1.10 an eating establishment
12.1.11 a funeral home
12.1.12 a hotel
12.1.13 a laundromat
12.1.14 a medical or dental clinic
12.1.15 a motor vehicle fuel establishment
12.1.16 a motor vehicle rental establishment
12.1.17 a motor vehicle repair garage
12.1.18 outside display and sale
12.1.19 a parking lot
12.1.20 a place of entertainment
12.1.21 a post office
12.1.22 a postal outlet
12.1.23 a public use in accordance with section 4.28.1 of this By-law
12.1.24 a recreational establishment
12.1.25 a retail commercial establishment, including a convenience store
12.1.26 a service shop, including a personal service shop
12.1.27 a tavern (liquor licensed premises)
12.1.28 a veterinary clinic
12.1.29 a video rental and sales establishment
12.2 Regulations For Uses Permitted In Section 12.1
12.2.1
Minimum Lot Area
0.3 ha (0.74 ac.)
12.2.2
Minimum Lot Frontage
30.0 m (98.42 ft.)
12.2.3
Minimum Front Yard
7.5 m (24.6 ft.
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12.2.4
Minimum Exterior Side Yard Width
7.5 m (24.6 ft.)
12.2.5
Minimum Interior Side Yard Width
6.0 m (19.69 ft.)
12.2.6
Minimum Rear Yard Depth
7.5 m (24.60 ft.)
12.2.7
Minimum Landscaped Open Space
5%
12.2.8
Maximum Building Height
15.5 m (50.85 ft.)
12.2.9
Maximum Lot Coverage
50%
12.3 Buffer Strip Requirements
Where the interior side or rear lot line abuts a Residential, Open Space or
Community Facility Zone a buffer strip shall be provided in accordance with
Section 4.6 of this By-law.
12.4 Requirements For Outside Display and Sales Areas
12.4.1
No outside display or sales area shall be permitted except
in accordance with the following provisions:
(a) Such outside display or sales area shall be accessory to the use
of the main building on the lot;
(b) No outside display or sales area shall be permitted in a rear
yard adjacent to a rear lot line of such lot which abuts a
Residential Zone or abuts a lot having a residential use situated
thereon;
(c) No outside display or sales area shall be permitted in a side yard
adjacent to a side lot line of such lot which abuts a Residential
Zone or abuts a lot having a residential use situated thereon.
(d) Outside display and sales shall comply with all
applicable regulatory by-laws of the Township.
12.5 Outside Storage Not Permitted
Outside storage shall not be permitted.
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12.6 Dwelling Unit Location
No dwelling unit or units may be located on the ground floor.
Notwithstanding Section 12.1, a dwelling unit shall not be a permitted use on a
lot used for a motor vehicle fuel establishment.
12.7 Special Provisions For A Motor Vehicle Fuel Establishment
12.7.1
Notwithstanding any other provisions of this By-law to the contrary,
a motor vehicle fuel establishment shall be located in accordance
with the following:
(a) Minimum Lot Frontage
38.0 m (124.76 ft.)
(b) Minimum Front Yard Depth
12.0 m (39.37 ft.)
(c) Minimum Exterior Side Yard Width
12.0 m (39.37 ft.)
(d) Minimum Interior Side Yard Width
6.0 m (19.69 ft.)
-
except where the interior side lot line abuts a Residential or
Development Zone, the minimum interior
Side Yard width shall be
9.0 m (29.53 ft.)
(e) Minimum Rear Yard Depth
7.5 m (24.61 ft.)
(f) Minimum landscaped open space
5%
12.8 Fuel Pump Location
12.8.1
Notwithstanding any other provisions of this By-law to the contrary,
a fuel pump island or fuel pumps, as part of or as accessory to a
motor vehicle fuel establishment shall be located in accordance
with the following:
(a) the minimum distance between any portion of the pump island or
fuel pumps, including a canopy over a pump island, and any
street line shall be 4.5 metres (14.76 feet);
(b) the minimum distance between any portion of the pump island or
fuel pumps, including a canopy over a pump island, and any
other lot line shall be 4.5 metres (14.76 feet); and
(c) where a lot is a corner lot, no portion of any pump island or fuel
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pumps, including a canopy over a pump island, shall be
located closer than 3 metres (9.84 feet) to a sight triangle.
12.9 General Zone Provisions
All provisions of Section 4, General Zone Provisions, where applicable to
the use of any land, building or structure permitted within the Hamlet
Commercial (HC) Zone shall apply.
12.10 Special Hamlet Commercial (HC) Zones
Notwithstanding the provisions outlined in the above sections for the
Hamlet Commercial (HC) Zone to the contrary, the following sections
outline site specific Hamlet Commercial (HC) Zone exception zone
categories. All other provisions of the Hamlet Commercial (HC) Zone shall
apply and be complied with.
12.10.1
HC-1
Part Lot 17, Concession 3 (Geographic - Alnwick)
On lands zoned Hamlet Commercial Exception No. 1 (HC-1)
only a retail establishment, which sells only gifts and crafts, at
retail, shall be permitted, provided such establishment is located
only within a portion of the existing single dwelling house located
within the HC-1 Zone.
In addition, for the purposes of this section, on those lands
zoned Hamlet Commercial Exception No. 1 (HC-1) an eating
establishment shall also be a permitted non-residential use,
provided such is located only within a portion of the existing
single detached dwelling located within the HC-1 Zone. There
shall be no outside patio areas.
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12.10.2
HC-2
Part Lot 5, Concession 9 (Geographic - Haldimand)
On lands zoned Hamlet Commercial Exception No. 2 (HC-2) the
following provisions shall apply and be complied with:
a) Permitted Uses
i. A single detached dwelling
ii. Custom workshop
iii. Motor vehicle repair garage
b) Zone Provisions
i. Minimum lot frontage: 36 metres
ii. Minimum interior side yard: 2.4 metres
iii. Setback from Centre line of County Road: 22.5 metres
iv. Maximum Number of Bays: 2
v. Planting strip width: 3 metres, structures existing as of
January 1, 1997 excepted.
12.10.3
HC-3
Part 23, Concession 1 (Geographic - Haldimand)
On lands zoned Hamlet Commercial Exception No. 3 (HC-3) a
Motor Hotel with a maximum of six (6) units shall be a permitted
use. The minimum west interior side yard shall be 3.35 meters.
12.10.4
HC-4
Part Lot 24, Concession A (Geographic - Haldimand)
On lands zoned Hamlet Commercial Exception No. 4 (HC-4) the
minimum lot area requirement shall be 0.28 hectares and the
minimum lot frontage requirement shall be 26 metres.
12.10.5
HC-5
Part Lot 17 Concession 3 (Geographic - Alnwick)
On lands zoned Hamlet Commercial Exception No. 5 (HC-5) an
eating establishment shall also be a permitted non-residential
use, provided such is located only within a portion of the existing
single detached dwelling located within the HC-5 Zone. There
shall be no outside patio areas.
12.10.6
HC-6
Part Lot 23, Concession 1 (Geographic - Haldimand)
On lands zoned Hamlet Commercial Exception No. 6 (HC-6) an
appliance sales and service establishment shall be the only
permitted use.
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12.10.7
HC-7
Part Lot 24, Concession A (Geographic - Haldimand)
On lands zoned Hamlet Commercial Exception No. 7 (HC-7) the
only non-residential uses permitted are:
- a motor vehicle service station
- an eating establishment
- a convenience store
- a commercial venture known as a "Pharmacy"
12.10.8
HC-8
Part Lot 17, Concession 3 (Geographic - Alnwick)
On lands zoned Hamlet Commercial Exception No. 8 (HC-8) the
following provisions shall apply and be complied with:
a) Permitted Uses:
i. Motor Vehicle Repair Garage, except that the sale of
gasoline or propane shall not be permitted.
ii. Motor Vehicle Sales, Used; the maximum number of motor
vehicles on display at any time shall be four (4).
iii. Service Shop.
b) Provisions for Non-Residential Uses:
i. Minimum lot area: 0.16 ha
ii. Minimum lot frontage: 64 metres
iii. Minimum yard dimensions: as existing on August 1,
1990
iv. Minimum Lot Coverage, all buildings: as existing on
August 1, 1990
v. Minimum Setback from Street Centreline: as existing on
August 1, 1990
vi. Minimum Landscaped Open Space: as existing on August
1, 1990
vii. Maximum height of Building: as existing on August 1,
1990.
12.10.9
HC-9
Part Lot 17, Concession 3 (Geographic - Alnwick)
On lands zoned Hamlet Commercial Exception No. 9 (HC-9), the
only permitted use shall be the display of a maximum of two (2)
used motor vehicles which are for sale.
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12.10.10 HC-10 Part Lot 23, Concession 1 (Geographic - Haldimand)
On lands zoned Hamlet Commercial Exception No. 10 (HC-10),
the permitted uses shall be a retail commercial establishment, a
feed mill, a warehouse, petroleum storage, and a motor vehicle
fuel establishment.
12.10.11 HC-11 Part Lot 17, Concession 3 (Geographic - Alnwick)
On lands zoned Hamlet Commercial Exception No. 11 (HC-11),
the permitted uses shall be a used furniture and antique sales
establishment.
12.10.12 HC-12 Part Lot 23, Concession A (Geographic - Haldimand)
Notwithstanding the provisions of the Hamlet Commercial (HC)
Zone or any other provision of this By-law to the contrary, on
lands zoned Hamlet Commercial Exception No. 12 (HC-12), all
of the provisions of the Hamlet Commercial (HC) Zone shall
apply with the exception of the following:
a) Permitted Residential Uses:
- An accessory dwelling unit
b) Zone Regulations:
- Minimum Rear Yard Depth: 2.0 metres (6.56 feet)
- Minimum Setback from Street Centre Line: 9.14 metres
(30.0 feet)
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Section 13 - Recreation Commercial (RC) Zone
No person shall within a Recreation Commercial (RC) Zone use any land or erect,
alter or use any building or structure except in accordance with the following
provisions:
13.1 Permitted Uses
13.1.1
an accessory single detached dwelling
13.1.2
an accessory dwelling unit
13.1.3
an assembly hall
13.1.4
a bakery, small-scale
13.1.5
a bake shop
13.1.6
a banquet hall
13.1.7
a bed and breakfast establishment
13.1.8
a business, professional or administrative office for a permitted use
13.1.9
a commercial or private club
13.1.10 a driving range
13.1.11 an eating establishment
13.1.12 a golf course
13.1.13 a laundromat
13.1.14 a miniature golf course
13.1.15 a place of entertainment
13.1.16 a propane refill station
13.1.17 a recreational establishment
13.1.18 a retail commercial establishment accessory to a permitted use
13.1.19 a seasonal camp
13.1.20 a service shop, including a personal service shop
13.1.21 a recreational vehicle, marine or travel trailer sales and service
establishment
13.1.22 a tourist establishment, including a hotel or motel
13.1.23 a trailer park or camp
13.1.24 a private or public park
13.1.25 a marina, including marine dealer or marine facility
13.1.26 a parking lot
13.1.27 a public use in accordance with section 4.28.1 of this By-law
13.2 Regulations For Uses Permitted In Section 13.1
13.2.1
Minimum Lot Area:
(a) Trailer Park or Camp or Seasonal Camp
4.0 ha (9.89 ac.)
(b) Other Permitted Uses
0.4 ha (0.99 ac.)
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13.2.2
Minimum Lot Frontage:
(a) Trailer Park or Camp or Seasonal Camp
100.0 m (328.1 ft.)
(b) Other Permitted Uses
45.0 m (147.63 ft.)
13.2.3
Minimum Front Yard Depth:
(a) Trailer Park or Camp or Seasonal Camp
15.0 m (49.21 ft.)
(b) Other Permitted Uses
12.0 m (39.37 ft.)
13.2.4
Minimum Exterior Side Yard Width:
(a) Trailer Park or Camp or Seasonal Camp
15.0 m (49.21 ft.)
(b) Other Permitted Uses
12.0 m (39.37 ft.)
13.2.5
Minimum Interior Side Yard Width:
(a) Trailer Park or Camp or Seasonal Camp
15.0 m (49.21 ft.)
(b) Other Permitted Uses
6.0 m (19.69 ft.)
-
except where the interior side lot line abuts
a Residential Zone, the minimum
interior side yard shall be
9.0 m (29.53 ft.)
13.2.6
Minimum Rear Yard Depth:
(a) Trailer Park or Camp or Seasonal Camp
15.0 m (49.21 ft.)
(b) Other Permitted Uses
7.5 m (24.60 ft.)
13.2.7
Minimum Lot Depth for a Trailer Park or Camp
or Seasonal Camp
90.0 m (295.28 ft.)
13.2.8
Maximum Building Height
11.0 m (36.09 ft.)
13.2.9
Maximum Lot Coverage of All Buildings:
(a) Trailer Park or Camp or Seasonal Camp
10%
(b) Other Permitted Uses
40%
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13.2.10 Minimum Landscaped Open Space:
30%
13.2.11 Maximum Number of Dwelling Units or
Dwellings Per Lot
1 only
13.3 Requirements For Camping Lots
Minimum Area
185 m² (1,991.39 ft.²)
Minimum Frontage
9.0 m (29.53 ft.)
13.4 Buffer Strip Requirements
Where the interior side or rear lot line abuts a Residential, Open Space or
Community Facility Zone a buffer strip shall be provided in accordance with
Section 4.6 of this By-law.
13.5 Requirements For Open Storage
13.5.1
Every open storage use shall be accessory to the main building on
the lot;
13.5.2
An open storage use shall not be permitted in the front yard.
13.6 Dwelling Unit Location
A dwelling unit located in a non-residential building shall not be permitted in
portions of the first or ground floor level of the building having direct access to a
front or exterior side yard, or to the adjacent street where no yard exists.
13.7 General Zone Provisions
All provisions of Section 4, General Zone Provisions, where applicable to the
use of any land, building or structure permitted within the Recreation
Commercial (RC) Zone shall apply.
13.8 Special Recreation Commercial Zones
Notwithstanding the provisions outlined in the above sections for the Recreation
Commercial (RC) Zone to the contrary, the following sections outline site
specific Recreation Commercial (RC) Zone exception zone categories. All
other provisions of the Recreation Commercial (RC) Zone shall apply and
be complied with.
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13.8.1
RC-1
Part Lot 12, Concession 3 (Geographic - Alnwick)
On lands zoned Recreation Commercial Exception No. 1 (RC-1) the
existing two (2) tourist cottages are the only uses that may be
permitted. In addition, one (1) lot having a minimum lot area
requirement of 0.132 hectares and the minimum lot frontage
requirement of 35.64 metres may be created.
13.8.2
RC-2
Part Lot 1, Concession 1 (Geographic - Alnwick)
In addition to the uses permitted in the Recreational Commercial (RC)
Zone, a maximum of one hundred and twenty-four (124) campsites
are permitted.
13.8.3
RC-3
Part Lot 5, Concession 4 (Geographic - Alnwick)
On lands zoned Recreation Commercial Exception No. 3 (RC-3) the
minimum lot frontage requirement shall be 22 metres.
13.8.4
RC-4
Part Lots 22 and 23, Concession 2 (Geographic - Haldimand)
On lands zoned Recreation Commercial Exception No. 4 (RC-4), all
provisions of the Recreation Commercial (RC) Zone shall apply save
and except as specifically noted below:
a)
Permitted Uses:
i. The permitted uses shall be limited to a health spa resort
including accommodation and accessory uses.
b)
Zone Regulations:
i.
Minimum lot area: 4.0 hectares (9.88 acres)
ii.
Minimum lot frontage: 175 metres (574.1 feet)
iii.
Minimum number of off-street parking spaces: 125
iv.
Maximum number of guest rooms in Resort: 65
v.
Maximum number of spa treatment rooms: 50
vi.
Maximum seating capacity of all dining rooms: 120 people
vii. Minimum Distance Separation: No main building shall be
located within 245 metres of the chicken barns existing on
December 31, 1999 located in Lot 22 Concession 2, and
300 metres of the dairy barns existing on December 31,
1999 and located in Lot 21 Concession 2.
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c)
Accommodation in the Vicinity of a Resort
i. Refer to Section 4.42 of this By-law for a special General Zone
Provision regarding Accommodation in the Vicinity of a Resort.
13.8.5
RC-5
Part Lot 23, Concession 7 (Geographic - Alnwick)
On lands zone Recreation Commercial Exception No. 5 (RC-5) the
minimum interior side yard setback for buildings existing as of January
1, 1990 is 0.9 metres.
13.8.6
RC-6
Part Lots 1 and 2, Concession 1 (Geographic - Alnwick)
On lands zoned Recreation Commercial Exception No. 6 (RC-6) an
assembly hall shall also be permitted.
13.8.7
RC-7
Part Lot 15, Concession 1 (Geographic - Haldimand)
On lands zoned Recreation Commercial Exception No. 7 (RC-7) the
following provisions shall apply and be complied with:
a) Permitted Non-Residential Uses
i. A camping establishment, having a maximum of ninety (90)
camping lots, including accessory recreational and service
facilities such as, but not limited to, a golf course, athletic
field, tennis courts, swimming pools, fishing areas, club house
and laundromat.
13.8.8
RC-8
Part Lot 11, Concession 3 (Geographic - Alnwick)
On lands zoned Recreation Commercial Exception No. 8 (RC-8) an
assembly hall shall also be a permitted use.
13.8.9
RC-9
Part Lot 22, Concession 2 (Geographic - Haldimand)
On lands zoned Recreation Commercial Exception No. 9 (RC-9) a
small-scale bakery and bake shop shall be a permitted use.
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13.8.10
RC-10 Part Lot 34, Concession 3 (Geographic - Haldimand)
Notwithstanding any provisions of this By-law to the contrary within the
RC-10 Zone the following provisions shall apply:
Only Permitted Uses:
1. An assembly hall
2. A bake shop
3. A banquet hall
4. An eating establishment
5. A tourist establishment
6. A private park
7. Herb gardens
8. An herb processing and demonstration facility
9. An accessory staff dormitory
ii.
For the purposes of the Recreational Commercial Exception No.
10 (RC-10) Zone, "Herb Processing" means the collection of
herbs and flowers grown on-site, drying, and then extraction of
oils from the dried plant material".
iii.
For the purposes of the Recreational Commercial Exception No.
10 (RC-10) Zone, a "Herb Processing and Demonstration
Facility" means a building or structure where herb processing
occurs and where a demonstration program about herb
processing will be available to patrons and guests.
iv.
The required minimum number of parking spaces shall be 127.
v.
The Provisions of the Recreational Commercial (RC) Zone shall
apply in all other respects.
vi.
The Holding (-H) provisions shall only be removed from the lands
zoned Recreational Commercial Exception No. 10 (RC-10) when
the following matters have been addressed to the satisfaction of
the Municipality:
a) That the owner of the property has entered into a Site Plan
Agreement with the Municipality, addressing such matters as, but
not necessarily limited to:
1. The location of new buildings and expansions to existing buildings.
2. The location of any accessory buildings and structures
3. Access driveways and parking areas.
4. Stormwater management and drainage.
5. Landscaping areas and the identification of any environmental
areas to be protected.
6. Servicing issues, including the locations of inground sewage
disposal systems and wells.
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7. The storage and disposal of waste and materials for recycling.
8. Improvements and upgrades for ingress/egress, including
Northumberland Heights Road.
That an Environmental Compliance Approval (ECA) has been issued for
the sewage disposal system.
c) That prior to the removal of the Holding (H) symbol, only those uses
that existed at the date of passing of this By-law shall be permitted."
13.8.11
RC-11 Part of Lot 20, Concession 7 (Geographic - Alnwick)
Notwithstanding Section 13.2 of this By-law, within the Recreation
Commercial Exception No. 11 Zone (RC-11), the minimum lot size
and building setbacks for the existing buildings shall be as they
existed on May 30, 2019.
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Section 14 - General Industrial (MG) Zone
No person shall within a General Industrial (MG) Zone use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
14.1 Permitted Uses
14.1.1
an agricultural use
14.1.2
a building supply outlet or lumber yard
14.1.3
a business office as an accessory use to a permitted use
specified herein
14.1.4
a cartage or transport depot and yard facilities
14.1.5
a cannabis production facility
14.1.6
a dry cleaning or laundry establishment
14.1.7
any type of equipment sales, rental and service establishment
14.1.8
a feed mill or seed cleaning plant
14.1.9
a general contractor's or tradesman's yard and related shop facilities
14.1.10 a manufacturing, processing, assembly or fabricating plant
and including a machine or welding shop, or a workshop
14.1.11 any type of motor vehicle facility, including a motor vehicle body shop
14.1.12 a Municipal, County, Provincial or other public works yard,
or maintenance depot
14.1.13 outside storage
14.1.14 a propane refill station
14.1.15 a retail commercial establishment, including a factory outlet, as
an accessory use to a permitted use specified herein
14.1.16 a public transportation depot
14.1.17 a saw mill and/or planing mill
14.1.18 a service shop
14.1.19 a warehouse
14.1.20 a parking lot
14.2 Regulations For Uses Permitted In Section 14.1
14.2.1
Minimum Lot Area
0.4 ha (0.99 ac.)
14.2.2
Minimum Lot Frontage
40.0 m (131.23 ft.)
14.2.3
Minimum Front Yard Depth
15.0 m (49.21 ft.)
14.2.4
Minimum Exterior Side Yard Width
15.0 m (49.21 ft.)
14.2.5
Minimum Interior Side Yard Width
3.0 m (9.84 ft.)
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14.2.6
Minimum Rear Yard Depth
7.5 m (24.60 ft.)
14.2.7
Special Yard Requirements:
(a) Where a side or rear yard abuts a railroad
right-of-way, the minimum yard shall be
30.0 m (98.42 ft.)
(b) Where lands in an Industrial Zone are adjacent
to any other Zone the minimum yard required
shall be increased by
9.0 m (29.53 ft.)
(c) Required front and exterior side yards shall be
open and unobstructed by any structure or
parking or loading area for motor vehicles except
that any such yard may be used for the purposes
of visitor parking.
14.2.8
Maximum Building Height
11.0 m (36.09 ft.)
-
Notwithstanding a building or any portion
thereof may be erected above a height of 11 m
(36.09 ft.) provided such portion is set back an
additional 1 metre (3.28 ft.) for each metre above
11 m (36.09 ft.), to the minimum front, side or
rear setback requirements herein
14.2.9
Maximum Lot Coverage of All Buildings
30%
14.3 Buffer Strip Requirements:
Where the interior side or rear lot line abuts a Residential, Open Space or
Community Facility Zone a buffer strip shall be provided in accordance with
Section 4.6 of this By-law.
14.4 Requirements For Outside Storage
No portion of a lot shall be used for the outside storage of goods or materials
unless such storage is within a building, or unless the following provisions are
complied with:
(a)
Such storage is accessory to the use of the main building on the lot;
(b)
Such outside storage complies with the yard and setback regulations
for the General Industrial (MG) Zone, however no open storage use
shall be located in a front or exterior side yard;
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(c)
No outside storage use shall cover more than 35 percent of the lot
area;
(d)
Every outside storage use shall be enclosed within a fence
consisting of at least an eight-wire farm fence which is maintained in
good condition.
14.5 Fuel Pump Location
14.5.1
Notwithstanding any other provisions of this By-law to the contrary,
a fuel pump island or fuel pumps, as part of or as accessory to a
motor vehicle fuel establishment shall be located in accordance
with the following:
(a) the minimum distance between any portion of the pump island or
fuel pumps and any street line or any rear or interior side lot line
is not less than 4.5 metres (14.76 ft.); and
(b) where a lot is a corner lot, no portion of any pump island or fuel
pumps shall be located closer than 3 metres (9.84 ft.) to a
straight line between a point in the front lot line and point in the
exterior lot line, such point being distant 15 metres (49.21 ft.)
from the intersection of such lines.
14.5.2
Bulk fuel and propane storage tanks shall be installed in accordance
with the provisions of the Gasoline Handling Act or the Ontario
Propane Storage Handling and Utilization Code as may be
applicable.
14.6 General Zone Provisions
All provisions of Section 4, General Zone Provisions, where applicable to the
use of any land, building or structure permitted within the General Industrial
(MG) Zone shall apply.
14.7 Special General Industrial (MG) Zones
Notwithstanding the provisions outlined in the above sections for the
General Industrial (MG) Zone to the contrary, the following sections outline
site specific General Industrial (MG) Zone exception zone categories. All other
provisions of the General Industrial (MG) Zone shall apply and be complied
with.
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14.7.1
MG-1
Part Lot 22, Concession A (Former Township of Haldimand)
On lands zoned General Industrial Exception No. 1 (MG-1) a single
detached dwelling or a dwelling unit in a non-residential building is a
permitted use. The building setbacks shall be existing as on November
12, 2003.
14.7.2
MG-2
Part Lot 24, Concession 1 (Geographic - Haldimand)
On lands zoned General Industrial Exception No. 2 (MG-2) the
only uses permitted shall be a Resource Recovery Facility
operated by the County of Northumberland or its designate as
part of their comprehensive County Wide Waste Management
System.
For the purposes of this section, a Resource Recovery Facility
shall mean a facility for the processing of waste for material
recovery and or the production of stabilized humus and or
associated products.
The following provisions shall apply:
a. Zone Regulations:
i. Minimum Lot Area - 6 hectares
ii. Minimum Lot Frontage - 140 metres
iii. Minimum Front Yard - 50 metres
iv. Minimum Exterior Side Yard - 23 metres
v. Minimum Interior Side Yard - 30 metres
vi. Minimum Rear Yard - 50 metres
vii. Minimum Lot Coverage All Buildings - 30%
viii. Minimum Setback from Street Centre Line - 33 m.
ix. Minimum Landscaped Open Space - 40%
x. Maximum Height of Building - 12 m.
xi. Open Storage (except fuel storage) - Prohibited
xii. Minimum number of parking spaces - 46
A parking area shall be permitted in an interior side, exterior side or rear
yard only provided that no part of any parking area other than a
driveway is located closer than 15 metres to an street line or 30 metres
of an interior side or rear lot line within a sight triangle, and open
storage of fuel only shall be permitted if such storage is not in a front
or exterior side yard or the minimum required interior side or
minimum required rear yard. The General Provisions shall apply in all
other respects.
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14.7.3 MG-3
Part Lot 23, Concession A (Grafton)
On lands zoned General Industrial Exception No. 3 (MG-3), mixing,
blending, storing and retail selling of dry and liquid fertilizers
warehousing shall be permitted.
14.7.4 MG-4
Part Lot 22, Concession 6 (Geographic - Alnwick)
On the lands zoned General Industrial Exception No. 4 (MG-4)
only an equipment storage structure for the storing or parking of
trucks and related equipment and an accessory single detached
dwelling shall be permitted.
14.7.5
MG-5
Part Lot 1, Concession B (Geographic - Haldimand)
On lands zoned General Industrial Exception No. 5 (MG-5) the
following zone provisions shall apply:
a) Permitted Uses:
i. A business, professional or administrative office
ii. The following Class 1 Industrial Facilities:
- a custom workshop
- a warehouse
- a workshop
b) Zone Regulations:
i. The minimum interior side yard width adjacent to the east
property boundary shall be 0.0 metres (0.0 ft.).
ii. The minimum lot frontage on County Road 31 shall be
30.48 metres (100 ft.).
iii. The minimum interior side yard width where the MG-5 zone
abuts a property zoned Hamlet Residential (HR) shall be 20
metres (65.62 ft.).
iv. The maximum building height shall be 9.14 metres (30
ft.).
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Section 15 - Extractive Industrial (ME) Zone
No person shall within an Extractive Industrial (ME) Zone use any land or erect, alter
or use any building or structure except in accordance with the following provisions:
15.1 Permitted Uses
15.1.1
an aggregate storage area
15.1.2
an agricultural use
15.1.3
aggregate processing plants, concrete batching plants and
asphalt plants
15.1.4
a pit
15.1.5
a quarry
15.1.6
forestry and conservation uses
15.1.7
a wayside pit and a wayside quarry
15.2 Regulations For Uses Permitted In Section 15.1
15.2.1
Minimum Front Yard Depth
30.0 m (98.42 ft.)
15.2.2
Minimum Rear Yard Depth
15.0 m (49.21 ft.)
15.2.3
Minimum Exterior Side Yard Width
30.0 m (98.42 ft.)
15.2.4
Minimum Interior Side Yard Width
15.0 m (49.21 ft.)
15.3 Buffer Strip Requirements
Where interior side or rear lot line abuts a Residential, Open Space or
Community Facility Zone a buffer strip shall be provided in accordance with
Section 4.6 of this By-law.
15.4 General Zone Provisions
All provisions of Section 4, General Zone Provisions, where applicable to the
use of any land, building or structure permitted within the Extractive
Industrial (ME) Zone shall apply.
15.5 Special Extractive Industrial (ME) Zones
Notwithstanding the provisions outlined in the above sections for the
Extractive Industrial (ME) Zone to the contrary, the following sections outline
site specific Extractive Industrial (ME) Zone exception zone categories. All
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other provisions of the Extractive Industrial (ME) Zone shall apply and be
complied with.
15.5.1 ME-1
Part Lots 5 and 6, Concession 3 (Geographic - Haldimand)
On lands zoned Extractive Industrial Exception No. 1 (ME-1)
the following provisions shall apply and be complied with:
a) Special Yard Provisions
i. No extractive operation or product stockpile shall be located
within 45 metres of any Residential Zone, dwelling or
dwelling unit on another lot.
15.5.2 ME-2
Part Lot 1, Concession 3 (Geographic - Haldimand)
On lands zoned Extractive Industrial Exception No. 2 (ME-2) only
a petroleum product booster pumping station and buildings,
structures and uses accessory thereto are permitted.
15.5.3 ME-3
Part Lot 7, Concession 10 (Geographic - Haldimand)
On lands zoned Extractive Industrial Exception No. 3 (ME-3)
all provisions of the Extractive Industrial (ME) Zone shall apply
save and except as specifically noted below.
a) Special Yard Provisions
i. Where only the removal of sand and gravel is involved no
extractive operation or product stockpile, in an area zoned
Extractive Industrial Exception No. 3 (ME-3) , shall be
located with 60 metres of any Residential Zone or dwelling
or dwelling unit on another lot or within 15.0 metres of a
road allowance under the jurisdiction of the Township.
ii. Where the removal of quarry stone or the processing of
sand, gravel or stone is involved, no building, plant or
product stockpile shall be located within 120 metres of a
Residential Zone, dwelling or dwelling unit on another lot.
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15.5.4 ME-4
Part Lot 14, Concession 4 (Geographic - Alnwick)
On lands zoned Extractive Industrial Exception No. 4 (ME-4), the
provisions of Section 4.21 of this By-law shall not apply with respect
to the boundary between the ME-4 Zone and the Oak Ridges
Moraine Mineral Extractive Exception No. 2 Zone.
Notation: Please note that Municipal By-Law 06-2012 was passed
on January 25th, 2012 to remove the Holding symbol ("H").
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November 28, 2019
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Section 16 - Waste Disposal Industrial (MD) Zone
No person shall within the Waste Disposal Industrial (MD) Zone use any land or
erect, alter or use any building or structure except in accordance with the following
provisions:
16.1 Permitted Uses
16.1.1
a recycling facility
16.1.2
a sanitary landfill site
16.1.3
a waste disposal area
16.1.4
a waste transfer station
16.2 Regulations For Uses Permitted In Section 16.1
16.2.1
Minimum Yard Requirements
60.0 m (196.85 ft.)
16.3 Buffer Strip Requirements
Where the interior side or rear lot line abuts a Residential or Community/Open
Space Zone category, a buffer strip shall be provided in accordance with
Section 4.6 of this By-law.
16.4 General Zone Provisions
All provisions of Section 4, General Zone Provisions, where applicable to the
use of any land, building or structure permitted within the Waste Disposal
Industrial (MD) Zone shall apply.
16.5 Special Waste Disposal Industrial (MD) Zones
Notwithstanding the provisions outlined in the above sections for the
Waste Disposal (MD) Zone to the contrary, the following sections outline site
specific Waste Disposal (MD) Zone exception zone categories. All other
provisions of the Waste Disposal (MD) Zone shall apply and be complied with.
16.5.1 MD-1
Waste Disposal Industrial-1 (MD-1)
Notwithstanding the uses permitted in the Waste Disposal
Industrial (MD) Zone, within the Waste Disposal Industrial
Exception No. 1 (MD-1) Zone, only a closed waste disposal site
shall be a permitted use.
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November 28, 2019
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Section 17 - Community Facility (CF) Zone
No person shall within a Community Facility (CF) Zone use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
17.1 Permitted Uses
17.1.1
an accessory single detached dwelling
17.1.2
an accessory dwelling unit
17.1.3
an arena
17.1.4
an assembly hall or auditorium
17.1.5
a camping park
17.1.6
a cemetery
17.1.7
a community centre
17.1.8
a curling rink
17.1.9
a day care centre
17.1.10 a day nursery
17.1.11 an elderly persons centre
17.1.12 a fairground
17.1.13 a family resources centre
17.1.14 a fire hall
17.1.15 a fraternal lodge
17.1.16 a home for the aged or retirement lodge
17.1.17 a hospital
17.1.18 a medical or dental clinic
17.1.19 a municipal office
17.1.20 a museum
17.1.21 a nursery school
17.1.22 a nursing home
17.1.23 a place of worship
17.1.24 a police station
17.1.25 a post office
17.1.26 a private club
17.1.27 a library
17.1.28 a public or private school
17.1.29 a parking lot
17.1.30 a private park
17.1.31 a public park
17.1.32 a public use in accordance with section 4.28.1 of this By-law
17.2 Regulations For Uses Permitted In Section 17.1
17.2.1
Minimum Lot Area:
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(a)
An accessory single detached dwelling
0.4 ha (0.99 ac.)
(b)
A camping park
0.4 ha (0.99 ac.)
(c)
Other Permitted Uses
Not Applicable
17.2.2
Minimum Lot Frontage:
(a)
An accessory single detached dwelling 46.0 m (150.92 ft.)
(b)
A camping park
100.0 m (328.08 ft.)
(c)
Other Permitted Uses
Not Applicable
17.2.3
Minimum Front Yard Depth
12.0 m (39.37 ft.)
17.2.4
Minimum Exterior Side Yard Width
12.0 m (39.37 ft.)
17.2.5
Minimum Interior Side Yard Width
7.5 m (24.60 ft.)
-
except where the interior side lot line
abuts a Residential Zone, the minimum
interior side yard shall be
10.5 m (34.45 ft.)
17.2.6
Minimum Rear Yard Depth
7.5 m (24.60 ft.)
-
except where the rear lot line abuts a
Residential Zone, the minimum rear
yard shall be
10.5 m (34.45 ft.)
17.2.7
Maximum Building Height
11.0 m (36.09 ft.)
17.2.8
Maximum Lot Coverage of All Buildings
50%
17.2.9
Minimum Landscaped Open Space
30%
17.2.10 Maximum Number of Dwelling Units or
Single Detached Dwellings Per Lot
1 only
17.3 Buffer Strip Requirements
Where the interior side or rear lot line abuts a Residential Zone, a buffer strip
shall be provided in accordance with the Section 4.6 of this By-law.
17.4 General Zone Provisions
All provisions of Section 4, General Zone Provisions, where applicable to
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the use of any land, building or structure permitted within the Community
Facility (CF) Zone shall apply.
17.5 Special Community Facility (CF) Zones
Notwithstanding the provisions outlined in the above sections for the
Community Facility (CF) Zone to the contrary, the following sections outline
site specific Community Facility (CF) Zone exception zone categories. All
other provisions of the Community Facility (CF) Zone shall apply and be
complied with.
17.5.1
CF-1
Part Lot 23, Concession 1 (Geographic - Haldimand)
On lands zoned Community Facility Exception No. 1 (CF-1) the
following provisions shall apply and be complied with:
a) Permitted Uses
i. Senior citizen's housing, in the form of row dwelling house,
not exceeding twenty-two (22) dwelling units in number
ii. Public uses
iii. Additional buildings, structures and uses which are
exclusively subordinate to the principal use.
b) Provisions for Non-Residential Uses
i. Lot Area- 1.21 hectares
ii. Lot Frontage (minimum) - 60.96 metres
iii. Lot Coverage (maximum) - 20% of total lot area
iv. Gross Floor Area Per Dwelling Unit (minimum):
One person units - 49.23 square metres
Two person units - 51.09 square metres
v. Building Height (maximum) - one storey
vi. Landscaped open space (min.) - 50% of total lot
c) Parking Space Requirements
i. A minimum of 30 off-street parking spaces shall be
constructed, maintained in accordance with the site
development plan.
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November 28, 2019
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d)
Definitions- for the purposes of this section the following
definitions shall apply:
i. Row Dwelling - Shall mean a group of three or more
dwelling units attached vertically, each dwelling unit of
which has an independent entrance directly from the
outside
ii. Senior Citizens' Housing - Shall mean a home for
senior citizens sponsored and administered by any
public agency or any service club, church or other
non-profit organization, which obtains its 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 such as a club and lounge facility
usually associated with senior citizens
accommodation.
17.5.2
CF-2
Part of Lot 17, Concession 3, (Geographic-Alnwick)
Notwithstanding any provisions of this By-Law to the contrary within
the CF-2 Zone the following provisions shall apply:
a) The Holding (-H) provisions shall only be removed from the
lands zoned Community Facility Exception No. 2 (CF-2)
when the following matters have been addressed by the
Township:
i)
The completion of a Site Plan
b) The provisions of the Community Facility (CF) shall apply in
all other respects.
Notation: Please note that Municipal By-Law 74-2017 was passed on
July 27th, 2017 to remove the Holding symbol ("H").
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Section 18 - Open Space (OS) Zone
No person shall within the Open Space (OS) Zone use any land or erect, alter or use
any building or structure except in accordance with the following provisions:
18.1 Permitted Uses
18.1.1
an athletic field
18.1.2
a conservation area including outdoor recreation activities, nature
study and wildlife areas, or other similar use as provides for the
preservation of the natural environment
18.1.3
a private park
18.1.4
a boat launch ramp
18.1.5
a parking lot
18.2 Regulations For Uses Permitted In Section 18.1
18.2.1
Minimum Lot Area:
Not Applicable
18.2.2
Minimum Lot Frontage:
Not Applicable
18.2.3
Minimum Front Yard Depth:
12.0 m (39.37 ft.)
18.2.4
Minimum Exterior Side Yard Width:
12.0 m (39.37 ft.)
18.2.5
Minimum Interior Side Yard Width:
7.5 m (24.60 ft.)
18.2.6
Minimum Rear Yard Depth:
7.5 m (24.60 ft.)
18.2.7
Maximum Building Height
11.0 m (36.09 ft.)
18.2.8
Maximum Lot Coverage of All Buildings
10%
18.2.9
Minimum Landscaped Open Space
50%
18.3 General Zone Provisions
All provisions of Section 4, General Zone Provisions, where applicable to the
use of any land, building or structure permitted within the Open Space (OS)
Zone shall apply.
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18.4 Special Open Space (OS) Zones
Notwithstanding the provisions outlined in the above sections for the
Open Space (OS) Zone to the contrary, the following sections outline
site specific Open Space (OS) Zone exception zone categories. All other
provisions of the Open Space (OS) Zone shall apply and be complied with.
18.4.1
OS-1 Part Lot 11, Concession 3 (Geographic - Alnwick)
On lands zoned Open Space Exception No. 1 (OS-1), the permitted
uses will be restricted to: conservation, forestry, a private park, a
public park, and a wildlife management area.
18.4.2
OS-2 Part Lot 17, Concession 2 (Geographic - Alnwick)
On the lands zoned Open Space Exception No. 2 (OS-2) the
following uses are permitted:
a. Fairgrounds, and;
b. Indoor storage of boats, recreational vehicles, motor
vehicles and farm machinery.
18.4.3
OS-
3-H
Part Lots 10 and 11, Concession 4 (Geographic - Alnwick -
White Island)
On lands zoned Open Space Exception No. 3-Holding (OS-3-H),
the permitted uses shall include the uses of Section 18.1 of this By-
law and a golf course, but an eating establishment shall not be a
permitted use accessory to a golf course, and a single detached
dwelling shall not be permitted.
The Holding (H) provision shall prevent the development of the
lands in the OS-3 Zone until such time as all financial, planning and
engineering issues have been resolved to the satisfaction of the
Township.
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Section 19 - Development (D) Zone
No person shall within a Development (D) Zone use any land or erect, alter or use any
building or structure except in accordance with the following provisions:
19.1 Permitted Uses
19.1.1
an existing single detached dwelling
19.1.2
an existing farm or agricultural use
19.1.3
a farm produce outlet
19.1.4
a home occupation
19.1.5
accessory uses
19.1.6
existing uses in addition to or other than those listed above
19.2 Regulations For Uses Permitted In Section 19.1
19.2.1
Minimum Lot Area
as existing
19.2.2
Minimum Lot Frontage
as existing
19.2.3
Minimum Front Yard Depth
12.0 m (39.37 ft.)
19.2.4
Minimum Exterior Side Yard Width
12.0 m (39.37 ft.)
19.2.5
Minimum Interior Side Yard Width
6.0 m (19.69 ft.)
19.2.6
Minimum Rear Yard Depth
12.0 m (39.37 ft.)
19.2.7
Minimum Dwelling Floor Area
As Existing
19.2.8
Maximum Building Height
11.0 m (36.09 ft.)
19.2.9
Maximum Number of Dwellings Per Lot
1 only
19.3 General Zone Provisions
All provisions of Section 4, General Zone Provisions, of this By-law where
applicable to the use of any land, building or structure permitted within the
Development (D) Zone shall apply.
19.4 Special Development (D) Zones
Notwithstanding the provisions outlined in the above sections for the
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Development (D) Zone to the contrary, the following sections outline site
specific Development (D) Zone exception zone categories. All other
provisions of the Development (D) Zone shall apply and be complied with.
19.4.1
D-1
Part Lot 11, Concession 3 (Geographic - Haldimand)
On lands zoned Development Exception No. 1 (D-1) the
minimum lot area requirement shall be 1.4 hectares and the
minimum lot frontage requirement shall be 75 metres.
19.4.2
D-2
Part Lot 19, Concession 6 (Geographic - Haldimand)
On lands zoned Development Exception No. 2 (D-2) neither a
single detached dwelling nor a seasonal dwelling should be
permitted. For the purposes of this section, lot frontage shall be
calculated along County Road 22.
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Section 20 - Environmental Protection (EP) Zone
No person shall within an Environmental Protection (EP) Zone use any land or erect,
alter or use any building or structure except in accordance with the following
provisions:
20.1 Permitted Uses
20.1.1
residential uses are prohibited with the exception of an existing
single detached dwelling
20.1.2
an agricultural use, excluding buildings
20.1.3
a forestryuse
20.1.4
a conservation area including outdoor recreation activities, nature
study and wildlife areas, or other similar use which provides for
the preservation of the natural environment
20.1.5
structures required for flood, erosion and siltation control works
20.1.6
a marine facility
20.1.7
existing uses, buildings and structures
20.2 Regulations of Uses Permitted in Section 20.1
20.2.1
Minimum Lot Area
as existing
20.2.2
Minimum Lot Frontage
as existing
20.2.3
Minimum Front Yard Depth
12.0 m (39.37 ft.)
20.2.4
Minimum Exterior Side Yard Width
12.0 m (39.37 ft.)
20.2.5
Minimum Interior Side Yard Width
7.5 m (24.60 ft.)
20.2.6
Minimum Rear Yard Depth
7.5 m (24.60 ft.)
20.3 Alterations and Extensions to Permitted Existing Uses
Except as specifically permitted in this By-law otherwise, the extension or
enlargement of any permitted existing use, building or structure located in an
Environmental Protection (EP) Zone shall only be permitted where the
extension or enlargement does not require the issuing of a Building Permit.
Any alteration, enlargement, extension or reconstruction of any permitted
existing use shall comply with the regulations imposed by the Ministry of
Natural Resources or the local Conservation Authority.
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November 28, 2019
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20.4 Identification of Additional or Revised Environmental Protection
Boundaries
The Environmental Protection (EP) Zone shown on Schedule "A" (Maps 1 to
37) includes known natural heritage features and areas, and hazardous
lands, as defined in Section 3 of this By-law. The Township of
Alnwick/Haldimand and any other planning approval authority having
jurisdiction may, in consultation with the local Conservation Authority,
identify additional or revised boundaries of Environmental Protection (EP)
Zone areas as new information becomes available, and in the review of
applications under the Planning Act, including but not limited to amendments
to the Zoning By-law and applications for consent and plan of subdivision.
The identification of new Environmental Protection (EP) zone areas and
boundaries will require an amendment to this By-law.
20.5 General Zone Provisions
All provisions of Section 4, General Zone Provisions, of this By-law
where applicable to the use of any land, building or structure permitted
within the Environmental Protection (EP) Zone shall apply.
20.6 Special Environmental Protection (EP) Zones
Notwithstanding the provisions outlined in the above sections for the
Environmental Protection (EP) Zone to the contrary, the following sections
outline site specific Environmental Protection (EP) Zone exception zone
categories. All other provisions of the Environmental Protection (EP) Zone
shall apply and be complied with.
20.6.1
EP-1
Part Lot 21, Concession B (Geographic - Haldimand)
On lands zoned Environmental Protection Exception No. 1
(EP-1) the storage of one (1) boat would be allowed with no
buildings or structures to be erected thereon.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 220 of 240
20.6.2
EP-2
Part Lots 18 and 19, Concession A (Geographic -
Haldimand)
On lands zone Environmental Protection Exception No. 2 (EP-2)
the following shall apply and be complied with:
a) Permitted Uses
i. Golf Course
ii. Public Uses
iii. Uses accessory to the above noted uses
b) Regulations for a Golf Course
i. The establishment of new building is prohibited
ii. The expansion of existing buildings is prohibited
iii. No development or site alteration shall be permitted
within 30 metres of the normal high water mark of
Shelter Valley Creek, except in conformity with an
Environmental Impact Study to the satisfaction of the
Township in consultation with the Conservation Authority
and any other applicable agencies.
a) Regulations for Public Use
i. Public Uses shall be subject to the provisions and
regulations of this Bylaw.
20.6.3
EP-3
Part Lots 18 and 19, Concession A (Geographic -
Haldimand)
On lands zoned Protection Exception No. 3 (EP-3) the
following shall apply and be complied with:
a) Permitted Uses
i.
An existing single detached dwelling
ii.
Public Uses
iii.
Accessory uses to the above noted uses
b) Regulations for a Single Detached Dwelling
i.
The maximum number of dwelling units- one (1)
ii.
The ground floor area of the existing single detached
dwelling shall not be increased
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 221 of 240
c) Regulations for Public Uses
i. Public uses shall be subject to the provisions and
regulations of this Bylaw
20.6.4
EP-4
Part Lot 10, Concession 3 (Geographic - Alnwick)
On lands zoned Environmental Protection Exception No. 4
(EP-4), a maximum of twenty (20) boat docking spaces,
having a minimum width of 3.65 metres each are permitted.
20.6.5
EP-5
Part Lots 23 and 24, Concession A (Geographic -
Haldimand)
On lands zoned Environmental Protection Exception No. 5
(EP-5), in addition to the uses permitted by Section 20.1 of this
By-law, storm water management facilities shall be a permitted
use.
20.6.6
EP-6
Part Lot 6 Concession 4 (Geographic - Haldimand)
On lands zoned Environmental Protection Exception No. 6
(EP-6) an existing single detached dwelling together with an
accessory building or structures shall be permitted. No
extension or enlargement of an existing building or structure
nor any new building or structure shall be permitted.
20.6.7
EP-7
Part Lot 11 Concession 3 (Geographic - Alnwick)
On lands zoned Environmental Protection Exception No. 7 (EP-
7), in addition to the uses permitted by Section 20.1 of this By-
law, a marina, not including main buildings but inclusive of
accessory buildings up to a maximum of 40 square metres floor
area which are required to be at or near the shoreline, shall also
be a permitted use. The convenience store existing as of March
4, 1994 shall be permitted but no expansion will be permitted.
Parking for a marina shall be: 0.8 parking spaces per boat berth;
at least 0.2 trailer spaces per boat berth. A trailer space shall be
at least 3.0 metres by 10.7 metres to accommodate cars with
trailers.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 222 of 240
20.6.8
EP-8
Part Lot 23, Concession 1, (Geographic - Haldimand)
On lands zoned Environmental Protection Exception No. 8 (EP-
8) Zone:
i) One single detached dwelling shall be a permitted use.
ii) The maximum gross floor area for a single detached dwelling
shall be 176.51 square metres (1,900 square feet).
iii) The minimum front yard depth shall be 4.00 metres.
iv) The minimum interior side yard (north side) width shall be 2.0
metres.
v) The maximum number of dwellings - one (1).
vi) The maximum building height shall be 11.0 metres
vii) Notwithstanding the provisions of Section 4.27.1 of
Comprehensive Zoning By-Law 100-2010 to the contrary,
new development shall be set back a minimum of 5.0
metres from the top of the bank of a watercourse that is
defined on the site survey prepared by Gifford, Harris
Surveying Ltd. for 149 Aird Street.
viii) Notwithstanding any other provisions of Comprehensive
Zoning By-Law 100-2010 to the contrary, no part of any
building shall be located more than 22.0 metres south of the
north side lot line.
ix) The provisions of the Environmental Protection (EP) Zone
shall apply in all other respects.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 223 of 240
20.6.9
EP-9
Part Lot 11, Concession B, (Geographic - Haldimand)
The following shall apply in the Environmental Protection
Exception No. 9 (EP-9) Zone:
i) A residential use shall be permitted use.
ii) The minimum dwelling floor area on first floor for a single
detached dwelling shall be 75.0 square metres.
iii) The maximum lot coverage of all buildings shall be 15%.
iv) The maximum number of dwellings per lot - one (1).
v) The maximum building height shall be 11.0 metres.
vi) Any accessory building and/or structure must comply to the
provisions of Section 4.2 with the exceptions being Sections
4.2.15 and 4.2.16 of Comprehensive Zoning By-Law 100-
2010.
vii) The provisions of the Environmental Protection (EP) Zone
shall apply in all other respects.
20.6.10 EP-10
Part Lot 22, Concession A, (Geographic-Haldimand)
The following shall apply in the Environmental Protection
Exception No. 10 (EP-10) Zone:
i)
A residential use shall be permitted use.
ii) The minimum dwelling floor area on first floor for a single
detached
dwelling shall be 91.27 square metres.
iii) The maximum number of dwellings per lot - one (1).
iv) The maximum building height shall be 11.0 metres.
v) The provisions of the Environmental Protection (EP) Zone
shall apply in all other respects.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 224 of 240
20.6.11 EP-11
Part Lot 25, Concession B (Plan 470; Lot 28), (Geographic-
Haldimand)
The following shall apply in the Environmental Protection
Exception No. 11 (EP-11) Zone:
a) A residential use shall be a permitted use.
b) The minimum interior side yard width shall be 4.0 metres.
c) The maximum number of dwellings per lot - one (1).
d) Notwithstanding the provisions in Section 20.3, a building
permit shall be required to allow the alteration as to the
enlargement of the existing single detached dwelling.
e) The provisions of the Environmental Protection (EP) Zone
shall apply in all other respects.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 225 of 240
Section 21 - Provincially Significant Wetland (PSW) Zone
No person shall within any Provincially Significant Wetland (PSW) Zone use any land or
erect, alter or use any building or structure except in accordance with the following
provisions:
21.1 Permitted Uses
30.1.1 Conservation Use
30.1.2 Recreation Use - Passive no structures
30.1.3 Uses, buildings or structures including agricultural activities existing as of
the date of passing of this By-law.
21.2 General Zone Provisions
All provisions of Section 4, General Provisions where applicable to the use of any
land, building or structure permitted in the Provincially Significant Wetland (PSW)
Zone shall apply and be complied with.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 226 of 240
Section 22 - Environmentally Sensitive Areas (ESA) Zone
Within the Environmentally Sensitive Area, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as permitted in
this Section in accordance with the regulations contained or referred to in this section.
22.1
Permitted Uses
All uses permitted within the underlying zone classification
22.2
Regulations For Uses Permitted in Section 22.1
22.2.1
For all uses, buildings and structures, the regulations of the
underlying zone shall apply.
22.2.2
Prior to issuing a building permit for any building or structure within
the Environmentally Sensitive Areas, the City should be satisfied, in
consultation with the local Conservation Authority, that no physical
hazard exists which would cause harm to life or property and in this
regard, the City, in consultation with the local Conservation
Authority, may require professional technical reports to be
submitted in support of any development (i.e. drainage reports,
slope stability report, environmental impact report). In this regard,
the applicant is encouraged to consult with the local Conservation
Authority prior to submitting the building permit application to
determine the extent of the physical hazard and need for report
and/or permits under Ontario Regulations 163/06 and 319/09.
22.2.3
General Provisions All provisions of Section 4, General Provisions
where applicable to the use of any land, building or structure
permitted in the Environmentally Sensitive Areas (ESA) Zone shall
apply and be complied with.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 227 of 240
Section 23- Oak Ridges Moraine Environmental (ORME) Zone
The following provisions shall apply to the Oak Ridges Moraine Environmental
(ORME) Zone.
23.1 Permitted Uses
No person shall hereafter within an Oak Ridges Moraine Environmental (ORME)
Zone, use any land or erect, alter or use any building or structure for any purpose
except one or more of the following uses:
i)
fish, wildlife and forest management;
ii)
conservation projects including flood and erosion control projects;
iii)
transportation, infrastructure and utilities uses in accordance with the
applicable policies of the Official Plan;
iv)
low intensity recreational uses;
v)
accessory uses to the above permitted uses, in accordance with the
provisions of this By-law.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 228 of 240
Section 24 - Oak Ridges Moraine Core (ORMC) Zone
The following provisions shall apply to the Oak Ridges Moraine Core (ORMC) Zone.
24.1 Permitted Uses
No person shall hereafter within an Oak Ridges Moraine Core (ORMC) Zone, use any
land or erect, alter or use any building or structure for any purpose except one or
more of the following uses:
i)
fish, wildlife and forest management;
ii)
conservation projects including flood and erosion control projects;
iii)
agricultural uses;
iv)
transportation, infrastructure and utilities uses in accordance with the
applicable policies of the Official Plan;
v)
home businesses;
vi)
home industries;
vii)
bed and breakfast establishments;
viii)
farm vacation homes;
ix)
low intensity recreational uses;
x)
unserviced parks;
xi)
accessory uses to the above permitted uses, in accordance with the
provisions of this By-law.
24.2 Special Oak Ridges Moraine Core (ORMC) Zones
Notwithstanding the provisions outlined in the above sections for the Oak Ridges
Moraine Core (ORMC) Zone to the contrary, the following sections outline site specific
Oak Ridges Moraine Core (ORMC) Zone exception zone categories. All other
provisions of the Oak Ridges Moraine Core (ORMC) Zone shall apply and be complied
with.
24.2.1
ORMC-1
Part Lot 28, Concession 8, (Geographic-Haldimand)
On lands zoned ORMC-1 on Schedule A-1 of this By-Law, a
single detached dwelling, a converted dwelling or any other
residential use shall be prohibited.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 229 of 240
24.2.2
ORMC-2
ORMC-2 Zone; Part Lots 21 and 22, Concession 3,
(Geographic - Haldimand)
Notwithstanding any provision of this By-law to the contrary,
on lands zoned ORMC-2 on Schedule A-1 of this By-Law, a
single detached dwelling, a converted dwelling or any other
residential use shall be prohibited.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 230 of 240
Section 25- Oak Ridges Moraine Linkage (ORML) Zone
The following provisions shall apply to the Oak Ridges Moraine Linkage (ORML) Zone.
25.1 Permitted Uses
No person shall hereafter within an Oak Ridges Moraine Linkage (ORML) Zone, use
any land or erect, alter or use any building or structure for any purpose except one or
more of the following uses:
i)
fish, wildlife and forest management;
ii)
conservation projects and flood and erosion control projects;
iii)
agricultural uses;
iv)
transportation, infrastructure and utilities uses in accordance with the
applicable policies of the Official Plan;
v)
home businesses;
vi)
home industries;
vii)
bed and breakfast establishments;
viii)
farm vacation homes;
ix)
low intensity recreational uses;
x)
unserviced parks;
xi)
wayside pits;
xii)
accessory uses to the above permitted uses, in accordance with the
provisions of this By-law.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 231 of 240
Section 26 - Oak Ridges Moraine Countryside (ORMCO) Zone
The following provisions shall apply to the Oak Ridges Moraine Countryside
(ORMCO) Zone.
26.1 Permitted Uses
No person shall hereafter within an Oak Ridges Moraine Countryside (ORMCO) Zone,
use any land or erect, alter or use any building or structure for any purpose except
one or more of the following uses:
i)
fish, wildlife and forest management;
ii)
conservation projects and flood and erosion control projects;
iii)
agricultural uses;
iv)
agriculture-related uses;
v)
transportation, infrastructure and utilities uses in accordance with the
applicable policies of the Official Plan;
vi)
home businesses;
vii)
home industries;
viii)
bed and breakfast establishments;
ix)
farm vacation homes;
x)
low intensity recreational uses;
xi)
unserviced parks;
xii)
wayside pits;
xiii)
accessory uses to the above permitted uses, in accordance with the
provisions of this By-law.
26.2 Special Oak Ridges Moraine Countryside (ORMCO) Zones
Notwithstanding the provisions outlined in the above sections for the Oak Ridges
Moraine Countryside (ORMCO) Zone to the contrary, the following sections outline site
specific Oak Ridges Moraine Countryside (ORMCO) Zone exception zone categories.
All other provisions of the Oak Ridges Moraine Countryside (ORMCO) Zone shall
apply and be complied with.
26.2.1
ORMCO-1 Part Lot 20, Concession 10 (Geographic -
Haldimand)
Notwithstanding the uses permitted and zone regulations of
the Oak Ridges Moraine Countryside (ORMCO) Zone, and
notwithstanding any other provisions of this By-Law to the
contrary, the following provisions shall apply to the Oak
Ridges Moraine Countryside Exception No. 1(ORMCO-1)
Zone:
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 232 of 240
(a) Permitted Uses:
(i) All uses of Section 26.1 of this By-law.
(ii) Buildings, structures and uses existing at the date of
passing of By-Law No. 58-2014 which includes a
building for a machine shop, and motor vehicle repair
garage.
(iii) Motor vehicle sales as a permitted use to a maximum
of twenty (20) vehicles on site at any one time which
will include outside parking of motor vehicles.
(b) Zone Regulations:
(i) Maximum area of the ORMCO-1 Zone: 18.78
hectares
(ii) Minimum frontage (width) of the ORMCO-1 Zone on
County Road 45: 150.83 metres
(iii) The maximum gross floor area of a building used in
accordance with section 24.2.1(a) (ii) and (iii) shall be
450 square metres.
(iv) Parking shall be provided in accordance with Section
4.24 of By-Law No. 100-2010.
(v) All other provisions of By-Law No. 100-2010 shall
apply.
26.2.2
ORMCO-2
Part Lot 27, Concession 4, (Geographic-Haldimand)
On lands zoned ORMCO-2 on Schedule A-1 of
this By-Law, a single detached dwelling, a
converted dwelling or any other residential use
shall be prohibited.
26.2.3
ORMCO-3
Part Lot 29, Concession 9, (Geographic-Haldimand)
On lands zoned ORMCO-3 on Schedule A-1 of this By-Law,
a single detached dwelling and an accessory building shall
be a permitted use.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 233 of 240
26.2.4
ORMCO-4
Part Lot 19, Concession 5, (Geographic - Haldimand)
On lands zoned ORMCO-4 on Schedule A-1 of this By-Law,
a single detached dwelling, a converted dwelling or any
other residential use shall be prohibited.
26.2.5
ORMCO-5
Part of Lots 21 and 22, Concession 3, (Geographic-
Haldimand)
Notwithstanding any provision of this By-law to the contrary,
on lands zoned ORMCO-5 on Schedule A-1 of this By-Law,
a single detached dwelling, a converted dwelling or any
other residential use shall be prohibited.
26.2.6
ORMCO-6
Part of Lot 14, Concession 5 (Geographic - Alnwick)
Notwithstanding any provision of this By-law to the contrary
in the Oak Ridges Moraine Countryside Exception No. 6
(ORMCO-6) Zone, a detached garage shall be permitted
without a main permitted use.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 234 of 240
Section 27 - Oak Ridges Moraine Mineral Extractive (ORMME) Zone
The following provisions shall apply to the Oak Ridges Moraine Mineral Extractive
(ORMME) Zone.
27.1 Permitted Uses
No person shall hereafter within an Oak Ridges Moraine Mineral Extractive
(ORMME) Zone, use any land or erect, alter or use any building or structure for
any purpose except one or more of the following uses:
i)
mineral aggregate operations;
ii)
accessory uses to the above permitted uses, in accordance with the
provisions of this By-law.
27.2 Regulations For Uses Permitted In Section 27.1
All regulations of Sections 15.2, 15.3 and 15.4 of this By-law shall apply to the
ORMME Zone.
27.3 Special ORMME Zones
Notwithstanding the provisions outlined in the above sections for the Oak Ridges
Moraine Mineral Extractive (ORMME) Zone to the contrary, the following sections
outline site specific Oak Ridges Moraine Mineral Extractive (ORMME) Zone exception
zone categories. All other provisions of the Oak Ridges Moraine Mineral Extractive
(ORMME) Zone shall apply and be complied with.
27.3.1
ORMME-1
Part Lot 6, Concession 8 (Geographic -
Haldimand)
Notwithstanding the uses permitted and zone regulations for
the Oak Ridges Moraine Mineral Extractive (ORMME) Zone
and any other provision of this By-law to the contrary, on lands
zoned Oak Ridges Moraine Mineral Extractive Exception No. 1
(ORMME-1) the only permitted uses shall include a pit, a
portable processing plant, a quarry, sand, gravel and or rock
stock piling operation, and a wayside pit and or wayside quarry
provided that said use is conducted by the Corporation of the
Township of Alnwick/Haldimand.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 235 of 240
27.3.2
ORMME-2
Part Lot 14, Concession 4 (Geographic - Alnwick)
Notwithstanding the uses permitted and zone regulations for
the Oak Ridges Moraine Mineral Extractive (ORMME) Zone of
By-Law No. 1001 -73, as amended by By -Law No.
30 and any other provision of this By-law to the contrary,
on lands zoned Oak Ridges Moraine Mineral Extractive
Exception No. 2 (ORMME-2) the following provisions shall apply:
(a) Permitted Uses:
i. Residential Uses
- Prohibited
ii. Non-Residential Uses
- A mineral aggregate operation
- Accessory uses to a mineral aggregate operation
(b) Zone Regulations:
(i) Within the Oak Ridges Moraine Mineral Extractive
Exception 2 (ORMME-2) Zone, no extraction within a
mineral aggregate operation (sand and gravel pit) shall be
permitted within 30.0 metres of any property boundary,
with the exception that extraction shall be permitted within
0.0 metres of the south boundary of the lands zoned Oak
Ridges Moraine Mineral Extractive Exception 2 (ORMME-
2). Notwithstanding this provision, extraction shall be
permitted within 0.0 metres of the lot line between
properties with Roll Numbers 1450 226 020 124 0000 and
1450 226 020 125 0000, which extends in a general east-
west direction in the central part of the lands zoned
ORMME-2.
(ii) Notwithstanding any other provision of this By-law to the
contrary, the provisions of Section 15.2 of this By-law
shall not apply to the lot line between properties with Roll
Numbers 1450 226 020 124 0000 and 1450 226 020 125
0000, which extends in a general east-west direction in
the central part of the lands zoned ORMME-2.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 236 of 240
(iii) Notwithstanding any other provision of this By-law to the
contrary, the provisions of Section 4.31 of this By-law shall
not apply, but no building, plant, extractive operation or
product stockpile shall be located less than 20.0 metres to
a Residential Zone or a dwelling.
(iv) Notwithstanding any other provision of this By-law to the
contrary, the provisions of Section 4.21 of this By-law
shall not apply with respect to the boundary between the
ORMME-2 Zone and the Extractive Industrial Exception
No. 4 (ME-4) Zone.
(c) Holding (H) Provisions:
i. Where a zone symbol on Schedule "A" is followed by a
Holding symbol ("H"), holding provisions under Section 36
of the Planning Act are in effect. Prior to the removal of
the Holding symbol ("H"), only those uses that existed as
of April 28, 2010 shall be permitted.
ii. The Holding symbol ("H") which applies to the ORMME-2
Zone shall only be removed after the following matters are
secured to the satisfaction of Council:
- A Development Agreement in accordance with the
provisions of Section 5.8.4 of the Official Plan of the
Township of Alnwick/Haldimand has been executed and
registered on title.
Notation: Please note that Municipal By-Law 06-2012 was
passed on January 25th, 2012 to remove the Holding
symbol ("H").
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 237 of 240
Section 28 - Oak Ridges Moraine Environmental Plan Review (ORMEPR)
Zone
The Oak Ridges Moraine Environmental Plan Review (ORMEPR) is an overlay
zone that identifies the area of influence from a key natural heritage feature or a
hydrologically sensitive area and its associated vegetative protection zone. All
development in this area will be guided by the underlying zone provisions. A natural
heritage evaluation and/or hydrological evaluation completed in accordance with
the Oak Ridges Moraine Conservation Plan shall be prepared for all development
and shall be approved by the Township in consultation with the local Conservation
Authority. Approval of the development is also subject to site plan approval by the
Township.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 238 of 240
Section 29 - Source Water Protection Area
Within the Source Water Protection (SWP) Zone, no person shall use any land or erect,
alter or use any building or structure except in accordance with the following provisions:
29.1 Permitted Uses
(a) All uses permitted within the underlying zone classification.
29.2 Regulations For Uses Permitted in Section 29.1
(a) Notwithstanding the permitted uses and zone provisions of any underlying zones,
uses that include the following drinking water treats are prohibited except in
accordance with Section 29.2(b):
(i)
The establishment, operation or maintenance of a waste disposal site
within the meaning of Part V of the Environmental Protection Act;
(ii)
The establishment, operation or maintenance of a system that collects,
stores, transmits, treats or disposes of sewage;
(iii)
The storage and management of agricultural source material;
(iv)
The handling and storage of non-agricultural source material;
(v)
The handling and storage of commercial fertilizer;
(vi)
The handling and storage of pesticide;
(vii) The handling and storage of road salt;
(viii) The storage of snow;
(ix)
The handling and storage of fuel;
(x)
The handling and storage of dense non aqueous phase liquid;
(xi)
The handling and storage of an organic solvent;
(xii) An airport and specifically the management of runoff that contains
chemicals used in the de-icing of aircraft; and
(xiii) The use of land as livestock grazing or pasturing of land, an outdoor
confinement area or farm-animal yard.
(b) Upon the Province issuing any related Provincial Instrument and /or the Risk
Management Official (RMO) issuing a Restricted Land Use Notice pursuant to
Section 59 of the Clean Water Act, a land use prohibited in Section 29.2(a) is
permitted in accordance with the provisions of the underlying Zone(s) and all
other applicable provisions of this By-law , as amended.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 239 of 240
Section 30 - Penalties & Adoption
30.1 Remedies
Where any building or structure is or is proposed to be erected, altered,
reconstructed, extended or enlarged, or any building or structure or part thereof
is or is proposed to be used, or any land is or is proposed to be used, in
contravention of the provisions of this By-law, the same may be restrained by
action at the insistence of any ratepayer, or of the Council of the Township
pursuant of the provisions of the Planning Act.
30.2 Violation and Penalty
Every person or corporation who uses any land or erects or uses any building
or structure in a manner contrary to any requirements of this By-law, or who
causes or permits such use or erection, or who violates any provisions of this
By-law or causes or permits a violation, is guilty of an offence and upon
conviction thereof shall be liable to penalties prescribed in Section 67 of the
Planning Act, R.S.O. 1990, as amended.
30.3 Repeals
All Zoning By-laws and amendments thereto, passed pursuant to Section 34 of
the Planning Act, R.S.O. 1990 c. P.13 as amended, or any predecessor
thereto, including but not limited to By-law Number 619 and By-law Number
1001-73 and By-law Number 100-2010, shall, subject to the provisions of
Section 29.4 below, be repealed immediately upon this By-law coming into full
force and effect pursuant to the provisions of the Planning Act, R.S.O. 1990, c.
P.13, as amended.
30.4 Effective Date
If no objection is filed with the Clerk within 20 days of the date of passing of
this By-law, this By-law shall become effective on the date of passing.
If any appeal is filed with the Clerk within the 20 day period following the
passing of the By-law, this By-law shall become effective on the date of
passing hereof subject to receiving an Order from the Ontario Municipal
Board, resolving any appeals so filed.
Township of Alnwick/Haldimand
Comprehensive Zoning By-law No. 19-2019
November 28, 2019
Page 240 of 240
Read a FIRST TIME this
day of
, 2019.
Read a SECOND TIME this
day of
, 2019.
MAYOR
CLERK
Read a THIRD TIME and PASSED this 28th day of
November , 2019.
MAYOR
CLERK