By-law 2-2009 - Zoning By-law (Consolidated)

Amaranth, Ontario · adopted 2009-03-18

This is the exact embedded text of the captured official document. Snapshot f1c192433730 · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TOWNSHIP OF AMARANTH ZONING BY-LAW 2-2009 Township Consolidation December 2010 Township of Amaranth Zoning By-law 2-2009 Page 1 Consolidated December 2010 TABLE OF CONTENTS SECTION 1 - ADMINISTRATION 1.1 Title 3 1.2 Area Affected by this By-law 3 1.3 Building Permits 3 1.4 Enforcement 4 1.5 Inspection of Premises 5 1.6 Change in Use 5 1.7 Severability Provision 5 1.8 Repeal of Existing By-laws 5 1.9 Effective Date 6 1.10 Use of Land, Buildings and Structures 6 1.11 Application of Other Regulations 6 1.12 Interpretation 6 1.3 Schedules 7 SECTION 2 - ESTABLISHMENT OF ZONES 2.1 Zones 8 2.2 Zone Schedule 8 2.3 Special Zones 8 2.4 Determining Zoning Boundaries 9 2.5 Compliance with Zoning By-law 9 2.6 Holding Provisions 10 SECTION 3 - GENERAL PROVISIONS 3.1 Application 11 3.2 Accessory Buildings, Structures and Uses 11 3.3 Access on Improved Public Road 14 3.4 Established Building Line in Residential Zone 14 3.5 Height Exceptions 14 3.6 Home Industry 15 3.7 Home Occupation 15 3.8 Loading Space Requirements 16 3.9 Mobile Homes 18 3.10 Multiple Zones/Uses on One Lot 18 3.11 Non-Conforming Uses 18 3.12 Non-Complying Lots, Buildings, Structures and Uses 19 3.13 Noxious Trade 20 3.14 Number of Dwelling Units on a Lot 21 3.15 Parking Area Regulations 21 3.16 Peat Excavation and Pits and Quarries 24 3.17 Planting Strips 25 Township of Amaranth Zoning By-law 2-2009 Page 2 Consolidated December 2010 3.18 Public Uses 25 3.19 Portable Asphalt Plants, Wayside Pit of Quarry 27 3.20 Reduction of Requirements 27 3.21 Restrictions on Dwelling Units in Non-Residential Buildings 27 3.22 Services Required 27 3.23 Sight Triangles 27 3.24 Signs 28 3.25 Special Distance Separations 28 3.26 Temporary Construction Uses 29 3.27 Through Lots 30 3.28 Recreational Vehicles 30 SECTION 4 - ZONE PROVISIONS 4.1 Agricultural A 31 4.2 Rural RU 47 4.3 Rural Residential RR 54 4.4 Estate Residential ER 57 4.5 Hamlet Residential HR 61 4.6 General Commercial C1 61 4.7 Highway Commercial C2 67 4.8 Recreational RE 70 4.9 Institutional I 71 4.10 Industrial M1 73 4.11 Extractive Industrial MX 78 4.12 Waste Disposal Industrial MD 79 4.13 Open Space OS 80 4.14 Environmental Protection EP 82 4.15 Development D 86 SECTION 5 DEFINITIONS 87 SECTION 6 ENACTMENT 123 SCHEDULE A LAND USE A-1 Waldemar A-2 Laurel SCHEDULE B MINIMUM DISTANCE SEPARATION FORMULAE (MDS) SCHEDULE C CANADIAN HYDRO DEVELOPERS, INC., SITE SPECIFIC ZONING BY-LAW AMENDMENTS TO BY-LAW 69-2004 Township of Amaranth Zoning By-law 2-2009 Page 3 Consolidated December 2010 SECTION 1 ADMINISTRATION 1.1 TITLE This By-law may be referred to as "The Zoning By-law of the Township of Amaranth." 1.2 AREA AFFECTED BY THIS BY-LAW This By-law applies to all lands and lands under water within the Township of Amaranth, save and except for Part of the East Half of Lot 2, Concession 1 and Part of the East Half of Lot 3, Concession 1, being those lands subject to plan of subdivision applications 22-T-02002 and 22-T-04004, which lands are as shown on Schedule A hereto and also save and except for Part of Lot 10, Concession 4 and Part of Lot 11, Concession 4, which lands are as shown on Schedules A and A-2 hereto. 1.3 BUILDING PERMITS The requirements of this By-law must be met before a Building Permit is issued for the erection, additions to or alteration of any building or structure. 1.3.1 In addition to the requirements of any other By-law of the Corporation, every application requesting municipal clearance, which shall include a consideration of zoning clearance, as required for the issuance of a building permit shall be accompanied by plans, in triplicate, drawn to an appropriate scale (by an Ontario Land Surveyor when deemed necessary) and indicating the following: a) The true shape and dimensions of the lot to be used or upon which it is proposed to erect any building or structure, b) The location and dimensions of all buildings and structures or use existing on the lot, c) The proposed location, height and dimension of the building, structure or use proposed for such lot, d) The proposed location and dimension of any yards, setbacks, landscaped open space, off-street parking and loading facilities where required by this By-law, and Township of Amaranth Zoning By-law 2-2009 Page 4 Consolidated December 2010 e) A statement signed by the owner or his agent stating exactly the correct and intended use of the land and each aforesaid building or structure and all information necessary to determine whether or not every such building, structure of use conforms with the requirements of this By-law. 1.3.2 Each building permit application shall comply with the requirements of the Ontario Building Code Act, S.O. 1992, c.23, as amended from time to time, and its regulations in addition to all other requirements of the Corporation. 1.3.3 If a proposed building, structure or use would violate any provisions of this By-law, no building permit or municipal license or certificate shall be issued. 1.3.4 No building or structure shall be erected except in accordance with the plans submitted in Subsection 1.3.1 and approved for the building permit. 1.4 ENFORCEMENT Any person who contravenes any of the provisions of this By-law or who owns or occupies any land used or any building or structure erected, altered, enlarged or used in contravention of any of the provisions of this By-law is guilty of an offense and upon conviction shall pay a fine of not more than $25,000, and on a subsequent conviction to a fine of not more than $10,000 exclusive of costs for each offence and each day of violation shall constitute an offence. Any corporation who contravenes any of the provisions of this By-law is liable on first conviction to a fine of not more than $50,000, and on a subsequent conviction to a fine of not more than $25,000, for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted in accordance with the Planning Act. Any person or corporation convicted of a contravention of this By-law may be subject to a Court Order prohibiting the continuation or repetition of the offence by the person or corporation convicted. Any building or structure which contravenes any requirement of this By- law may be removed or altered at the instance of the Corporation, pursuant to the provisions of the Municipal Act. Any contravention of any requirement of this By-law may also be restrained by Court Order pursuant to the provisions of the Municipal Act, Planning Act, and all other legislation. Township of Amaranth Zoning By-law 2-2009 Page 5 Consolidated December 2010 1.5 INSPECTION OF PREMISES Any officer under Section 49 of the Planning Act or any building inspector under the Building Code Act upon producing proper identification may enter at all reasonable hours for the purpose of inspecting and examining any property or premises to which this By-law applies where there is reason to believe that the land has been used or the building or structure has been erected, altered or enlarged or used in violation of any of the provisions of this By-law, unless the room or premises is being used as a dwelling, in which case the entry shall be in accordance with Section 49 of the Planning Act or the applicable sections of the Building Code Act as the case may be. 1.6 CHANGE IN USE No person shall change the use permitted by this By-law of any land, building or structure wholly or in part until obtaining the required approvals from the Township of Amaranth or any other Public Authority. 1.7 SEVERABILITY PROVISION A decision of a Court that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this By-law. 1.8 REPEAL OF EXISTING BY-LAWS Upon this By-law coming into force and effect, By-law 69-2004 of the Township of Amaranth and all amendments thereto are hereby repealed save and except: a) Amending By-laws 100-2007 through to 119-2007. All references to By-law 69-2004 in By-laws 100-2007 through to 119-2007 shall be construed as references to this By-law, and all references to By-law 46-88 in By-laws 100-2007 through to 119- 2007 are hereby deleted; and, b) Deleted - OMB File PL030316 Decision Dated Aug. 5/09 For greater certainty, upon this By-law coming into force and effect, the repeal of By-law 46-88 of the Township of Amaranth and all amendments thereto is hereby also confirmed. By-Law 44-2009 Township of Amaranth Zoning By-law 2-2009 Page 6 Consolidated December 2010 1.9 EFFECTIVE DATE This By-law shall come into force the day that it was passed where there are no appeals filed, or where appeals are filed, where all of the appeals are finally disposed of by the Ontario Municipal Board. 1.10 USE OF LAND, BUILDINGS AND STRUCTURES No lands, buildings or structures within the area covered by this By-law shall be used for any purpose except as otherwise permitted by this By- law. Any use of land defined in this By-law but not specifically permitted in any zone is prohibited by this By-law. 1.11 APPLICATION OF OTHER REGULATIONS Nothing in this By-law shall serve to relieve any person from any obligation to comply with the requirements of any other by-law of the Township of Amaranth or any other Federal or Provincial regulation that may affect the use of lands, buildings or structures in the Township. 1.12 INTERPRETATION 1.12.1 Where the word "shall" is used in this By-law it is mandatory and not discretionary. Where the word "may" is used in this By-law it is discretionary and not mandatory. 1.12.2 Where words are used in the present tense in this By-law, they shall include the future. 1.12.3 Where words are used in the singular number in this By-law they shall include the plural and where they are used in the plural they shall include the singular unless the context clearly indicates otherwise. 1.12.4 Where reference is made to "uses" in this By-law, it shall include uses, buildings or structures. 1.12.5 Where reference is made to "building" or "structure" it shall include any part thereof. Township of Amaranth Zoning By-law 2-2009 Page 7 Consolidated December 2010 1.13 SCHEDULES Schedules A, A-1, A-2, B and C, with notations and references shown thereon, are hereby declared to be part of this By-law and are described as follows: Schedule "A" - Zoning Schedule A Schedule "A-1" - Zoning Schedule A-1 Waldemar Schedule "A-2" - Zoning Schedule A-2 Laurel Schedule "B" - Minimum Distance Separation Formulae, Ontario Ministry of Agriculture and Food and Rural Affairs (OMAFRA), 2006 Schedule "C" - Canadian Hydro Developers, Inc. By-laws 100-2007 through to 119-2007 Township of Amaranth Zoning By-law 2-2009 Page 8 Consolidated December 2010 SECTION 2 ESTABLISHMENT OF ZONES 2.1 ZONES For the purposes of this By-law, the following zones are established and they may be referred to by the name or by the symbol set opposite the name of the zone below: A - Agricultural RU - Rural RR - Rural Residential ER - Estate Residential HR - Hamlet Residential C1 - General Commercial C2 - Highway Commercial RE - Recreational I - Institutional M1 - Industrial MX - Extractive Industrial MD - Waste Disposal OS - Open Space EP - Environmental Protection D - Development 2.2 ZONE SCHEDULE The zones and zone boundaries are shown on the attached Schedule 'A', which forms part of this By-law. Schedule 'A' is comprised of a series of maps. 2.3 SPECIAL ZONES Where a zone symbol is followed by a dash and a number (for example RU-1) there are special provisions that apply to the zone. These special provisions are contained in the section of the By-law that applies to the primary zone. Township of Amaranth Zoning By-law 2-2009 Page 9 Consolidated December 2010 2.4 DETERMINING ZONE BOUNDARIES i) Where the zone boundary is shown following a street or lane, the centre line of the street or lane is the boundary and the zone designations shall be deemed not to be abutting. ii) Unless the location of a zone boundary is specified by dimensions on the zoning map, a zone boundary which lies within a lot shall be fixed by the scale of the Schedule upon which it is shown. iii) A zone boundary shown following approximately a shoreline of a river or the centre line of a creek, stream or channel is considered to be the shoreline or centre line and moves with any natural change in the shoreline. 2.5 COMPLIANCE WITH ZONING BY-LAW No person shall change the use of any building, structure or land, or erect or use any building or structure or occupy any land or building, except in accordance with the provisions of this By-law. Any use not specifically permitted by this By-law shall not be permitted in the Township of Amaranth. Section 5 of this By-law defines additional uses which are not permitted in any zone under this By-law; and those uses, together with any other uses not specifically permitted by this By- law, shall require an amending By-law to be passed in order for such use(s) to be permitted within the Township of Amaranth. No person shall use any land or locate any building or structure such that the uses, buildings or structures on other lands would no longer comply with the provisions of this By-law, save and except for any legally non-conforming lots, buildings, structures and/or uses in accordance with Section 3.11 of this By-law or legally non-complying lots, buildings, structures and/or uses in accordance with Section 3.12 of this By-law. Township of Amaranth Zoning By-law 2-2009 Page 10 Consolidated December 2010 2.6 HOLDING PROVISIONS Where a zone symbol is followed by a dash and the letter "H" (for example: M1-H), the lands shall only be used for existing uses and the expansion of those uses as of the date of adoption of this By-law. Council may pass a By-law pursuant to Section 36 of the Planning Act to remove the Holding (H) symbol, thereby placing the lands in the zone indicated by the zone symbol when all of the applicable following requirements have been met: a) The appropriate sanitary services and water supply have been approved to service the land; b) All conditions of consent or subdivision have been fulfilled, including the registration of a consent agreement or subdivision agreement on the title of the lands; c) Where the lands are subject to site plan control under Section 41 of the Planning Act, a site plan agreement in accordance with the provisions of the Planning Act has been registered on the title of the lands; d) The required permits from all other approval agencies have been issued; e) Where the lands are affected by adverse environmental or other constraints and those constraints have been resolved to the satisfaction of Council; and f) Where the development of the lands may impose adverse financial impacts on the Township and those impacts have been resolved to the satisfaction of Council. Township of Amaranth Zoning By-law 2-2009 Page 11 Consolidated December 2010 SECTION 3 GENERAL PROVISIONS 3.1 APPLICATION The provisions of this section of the By-law shall apply to all lands within the Township of Amaranth unless otherwise specified. 3.2 ACCESSORY BUILDINGS, STRUCTURES AND USES 3.2.1 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, provided the principal building, structure or use is already legally in existence on the lot, 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. Legal non-conforming uses shall be permitted to have accessory uses, buildings and structures in accordance with the provisions in this section of the By-law and the provisions of the applicable zone. For the purposes of this By-law an agricultural building shall be considered as a principal building in an Agricultural or Rural Zone. 3.2.2 Setback and Yard Requirements Except as otherwise provided herein, in all Zones any accessory building or structure, which is detached from the principal building, shall be erected in compliance with the yard and setback requirements of the zone in which such building is located, but shall not be closer to the front lot line or exterior side lot line than the principal building on the lot. Within the Agricultural, Rural, Rural Residential and Open Space Zones, a permitted accessory building shall be permitted in the front yard or exterior side yard provided that the principal building meets the minimum Township of Amaranth Zoning By-law 2-2009 Page 12 Consolidated December 2010 front yard and/or exterior side yard and setback requirements of the zone in which it is located. 3.2.3 Lot Coverage and Height Unless otherwise specified in this By-law the total lot coverage of all accessory buildings and structures, except swimming pools, shall be 10 percent and the maximum height of any accessory building or structure shall be 6.0 metres. 3.2.4 Accessory Structure Encroachments Notwithstanding the yard and setback provisions of this By-law, drop awnings, clothes poles, garden trellises, retaining walls less than 1.0 metres above the average finished grade, fences, signs or similar uses which comply with the By-laws of the Township, shall be permitted in any required interior side or rear yard. Swimming pools shall be constructed in accordance with the requirements of the By-law for Accessory Buildings and Structures except that no water circulating or pumping equipment shall be located closer than 3.0 metres to any side or rear lot line. Satellite antennas exceeding 1.0 metres in diameter shall be required to meet the applicable yard requirements for principal uses in a Zone. 3.2.5 Fire Escapes Notwithstanding the yard and setback provisions of this By-law unenclosed fire escapes may encroach into any required rear yard a maximum distance of 1.5 metres. 3.2.6 Garages or Other Accessory Buildings or Structures Unless otherwise specified in this By-law, a detached private garage or other accessory buildings or structures may be erected and used in an interior side or rear yard, provided that the following requirements are met. a) Interior Side Yard Where such accessory building or structure is located in an interior side yard, it shall not be closer than 1.5 metres to the interior side lot line. Township of Amaranth Zoning By-law 2-2009 Page 13 Consolidated December 2010 b) Rear Yard Where such accessory building or structure is located in a rear yard, it shall not be closer than 1.5 metres to the rear lot line. c) Distance from Main Building Where such accessory building or structure is located in a side or rear yard, it shall not be closer than 2.0 metres from the main building. 3.2.7 Decks, Steps, Balconies or Patios Notwithstanding the yard and setback provisions of this By-law, unenclosed decks, steps, balconies and patios may project into any required yard or setback a maximum distance of 2.0 metres, but shall not be closer than 1.5 metres to any lot line. Where the floor of any porch, balcony or deck is in excess of 1.0 metres above finished grade, the side yard and rear yard requirements for the principal building shall apply. 3.2.8 Garden Suite Garden suites may be permitted as a temporary use in the Agricultural and Rural Zones that permit a dwelling unit provided that: a) The unit is occupied by an immediate family member of the occupant of the principal residential use; b) The lot has sufficient sewage and water services to accommodate the unit; c) The unit does not exceed 80 square metres; d) Council has passed a Temporary Use By-law under Section 39 of the Planning Act; and, e) There is an agreement between the owner and Township that provides for the removal of the building when it is no longer required. 3.2.9 Gate House in Industrial Zone Notwithstanding the yard and setback provisions of this By-law, in an Industrial Zone, a gate house not exceeding 9.0 square metres shall be permitted in a required front or side yard or in the area between the street line and the required yard. Township of Amaranth Zoning By-law 2-2009 Page 14 Consolidated December 2010 3.2.10 Ornamental Structures and Windows Notwithstanding the yard and setback provisions of this By-law, sills, chimneys, cornices, eaves, gutters, parapets, pilasters, windows or other ornamental structures may project into any required yard a maximum distance of 0.6 metres. 3.3 ACCESS ON IMPROVED PUBLIC ROAD No person shall erect any building or structure in any Zone after the date of passing of this By-law, unless the lot upon which such building or structure is to be erected has frontage upon an improved public road that is maintained year round and such building or structure complies with the setback provisions of this By-law. The above provisions 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 Township, notwithstanding that the street or streets will not be assumed by the Township until the end of the maintenance period, nor shall it apply to prevent the enlargement, extension, renovation, reconstruction or other structural alteration of an existing building or structure, which is located on a lot which does not have frontage upon an improved public road, provided the use of such building or structure does not change and is permissible within the zone in which it is located. 3.4 ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE Notwithstanding any other provisions of this By-law, where a dwelling is to be erected in a Residential Zone between existing dwellings on the same street, such dwelling may be built with a front yard and setback equal to the average yard of the adjacent dwellings on the same side of the street within 100 metres of the lot provided that the dwelling to be erected is not located within 18 metres of the center line of a public street. 3.5 HEIGHT EXCEPTIONS Notwithstanding the height provisions of this By-law, nothing in this By- law shall apply to prevent the erection, alteration, or use of a barn or silo, a church spire, a belfry, a flag pole, a clock tower, a chimney, a water tank, a radio or television tower or antenna, an air conditioner duct, a grain elevator, incidental equipment required for processing, external equipment associated with internal equipment or machinery and conveying equipment, which exceeds the maximum height requirements provided the main or principal use is permitted within the zone in which it Township of Amaranth Zoning By-law 2-2009 Page 15 Consolidated December 2010 is located and provided all other applicable provisions of this By-law are complied with. Setbacks for all such towers shall be 1.5 times the tower height. 3.6 HOME INDUSTRY Where a home industry is permitted as an accessory use to a single detached dwelling the following provisions shall apply: a) In addition to persons living on the premises not more than two (2) employees shall be engaged in the home industry. b) Such home industry may be located in part of a dwelling or in any accessory building located on a lot on which a dwelling is in existence, provided the total gross floor area utilized by the home industry does not exceed a maximum of 140 square metres. c) There shall be no display other than that permitted in accordance with the Sign By-law of the Corporation. d) There shall be no outdoor storage of goods, materials or articles. e) Only currently licensed motor vehicles, associated with the home industry may be parked or stored on the lot in an interior side or rear yard. f) A kennel shall not be permitted as a home industry. g) Parking for the home industry shall be limited to four spaces located in the side or rear yard only. 3.7 HOME OCCUPATION Where a home occupation is permitted the following provisions shall apply: a) In addition to persons living on the premises not more than one (1) employee shall be engaged in the business and working from the dwelling. In the case of a dentist, doctor or other health care providers there may be one additional provider in a home occupation. b) There shall be no display other than that permitted in accordance with the Sign By-law of the Corporation. c) There shall be no goods, wares, or merchandise offered for sale or rent on the premises other than what is produced on the premises. Township of Amaranth Zoning By-law 2-2009 Page 16 Consolidated December 2010 d) There shall be no outdoor storage of goods, materials, containers or animal enclosures used in conjunction with the home occupation. e) Not more than 25 percent of the gross floor area of the dwelling shall be used for the purposes of the home occupation. The home occupation shall be conducted entirely within the dwelling. f) There shall be no mechanical or other equipment used except that which is customarily used in a dwelling for domestic or household purposes or for use by a hairdresser or barber, dentist, drugless practitioner, physician, or other professional person. g) A home occupation shall not include a boarding or lodging house, an eating establishment, or a facility offering accommodation or meals other than a Bed and Breakfast establishment. h) A home occupation shall be secondary to the principal residence and shall not change the residential character of the lot. i) One home occupation only shall be permitted in conjunction with a single detached dwelling. j) Parking for the home occupation shall be limited to four spaces located in the side or rear yard only. 3.8 LOADING SPACE REQUIREMENTS 3.8.1 Loading Space Loading spaces are required under this By-law, in accordance with the Loading Space Requirement Table set forth herein, and the owner of every commercial or industrial building or structure erected for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares, merchandise or raw materials shall provide and maintain loading and unloading spaces on the lot accordingly. For the purposes of this By-law, each loading or unloading space shall be 15 metres in length, 3.5 metres in width and have a vertical clearance of at least 4.3 metres. Township of Amaranth Zoning By-law 2-2009 Page 17 Consolidated December 2010 3.8.2 LOADING SPACE REQUIREMENT TABLE Gross Floor Area of Building Loading Spaces Required Less than 300 square metres None 300 square metres to 2300 square metres or less 1 space Exceeding 2300 square metres but not exceeding 7400 square metres 2 spaces Exceeding 7400 square metres 1 space for each additional 7400 square metres 3.8.3 Access Access to loading spaces shall be by means of a driveway of at least 6.0 metres in width contained on the lot on which the spaces are located and leading to an improved public road that is maintained year round. 3.8.4 Loading Space Surface Driveways, loading spaces, and related aisles and turning areas shall be maintained with a stable surface that is treated to prevent the raising of dust. Such loading facilities shall, before being used, be surfaced with asphalt, concrete, or crushed stone, gravel or brick and shall include provisions for drainage facilities. 3.8.5 Location Required loading spaces shall be located in the interior side or rear yard. 3.8.6 Additions to or Change in Use of Existing Buildings The loading space requirements referred to herein shall not apply to any building in existence at the date of passing of this By-law so long as the gross floor area, as it existed at such date, is not increased by more than 300 square metres. If an addition is made to the building or structure which increases the gross floor area or the use of the building changes, then additional loading spaces shall be provided as required by this Section, in accordance with the provisions of Section 3.8.2 The Loading Space Requirement Table, for such addition. Township of Amaranth Zoning By-law 2-2009 Page 18 Consolidated December 2010 3.9 MOBILE HOMES Mobile homes may be considered as an accessory dwelling unit in an Agricultural Zone only provided Council passes a Temporary Use By-law which specifically permits a mobile home as an accessory dwelling and provided the following requirements are met: a) The structure shall be constructed to C.S.A. Standards for mobile homes; b) The structure shall have at least 65 square metres of ground floor area; c) The structure shall be completely enclosed from the surface of the finished grade to the roof; and, d) The structure shall be fully serviced with running water, electricity and a private sewage disposal system. Building permits are required for the placement of mobile homes on any lands. 3.10 MULTIPLE ZONES/USES ON ONE LOT Where a lot is divided into more than one zone, each such area of the lot shall be used in accordance with the provisions of this By-law for the zone where such area of the lot is located. Each such area of the lot shall be considered as a separate lot for the purpose of determining zone provisions. The total number of dwellings and/or dwelling units on the whole of the lot shall not exceed one. When a lot contains more than one use which is not an accessory use the lot area requirement shall be the sum of the requirements for the separate uses thereof. 3.11 NON-CONFORMING USES 3.11.1 Continuation of Existing Uses The provisions of this By-law shall not apply to prevent the use of any existing lot, building or structure for any purpose prohibited by this By- law if such existing lot, building or structure was lawfully used for such purpose, prior to the effective date of this By-law and provided that the lot, building or structure continues to be used for that purpose. Township of Amaranth Zoning By-law 2-2009 Page 19 Consolidated December 2010 3.11.2 Permitted Exterior Extension, Alteration and Reconstruction The exterior of any building or structure which was lawfully used prior to the effective date of this By-law for a purpose not permissible within the zone in which it is located, prior to the effective date of this By-law, shall not be enlarged or extended more than 0.2 metres, reconstructed or otherwise structurally altered, unless such building or structure is thereafter to be used for a purpose permitted within such zone. 3.11.3 Permitted Interior Alteration The interior of any building or structure which was lawfully used for a purpose not permissible within the zone in which it is located prior to the effective date of this By-law, may be reconstructed or structurally altered, in order to render the building or structure more convenient for the existing purpose for which it was lawfully used. 3.11.4 Restoration to a Safe Condition Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any existing, legal non-conforming building or structure or part thereof, provided that the strengthening or restoration does not increase the building height, size or volume or change the existing, lawful use of such existing building or structure unless these changes are necessary to provide for flood proofing. 3.11.5 Building Permit Issued The provisions of this By-law shall not apply to prevent the erection or use, for a purpose prohibited by this By-law, of any building or structure, the plans for which have, prior to the date of passing of this By-law, been approved by the Chief Building Official, so long as the building or structure, when erected, is used and continues to be used for the purpose for which it was erected. 3.12 NON-COMPLYING LOTS, BUILDINGS, STRUCTURES AND USES 3.12.1 Permitted Buildings or Structures Where a building or structure is located on a lot having less than the minimum frontage and/or lot area, or where the building or structure located on a lot has less than the minimum front yard and/or side yard and/or rear yard required by this By-law, the said building or structure may be enlarged, reconstructed, repaired and/or renovated provided that: Township of Amaranth Zoning By-law 2-2009 Page 20 Consolidated December 2010 a) The enlargement, reconstruction, repair and/or renovation does not further reduce the existing front yard, and/or side yard and/or rear yard to less than the minimum required by this By-law or increase the lot coverage to more than the maximum permitted by this By-law; b) The building or structure is being used for a purpose permissible within the zone in which it is located; and, c) All other applicable zone provisions of this By-law are complied with. 3.12.2 Reconstruction of Existing Building Nothing in this By-law shall apply to prevent the reconstruction of any permitted building which is accidentally damaged or destroyed by causes beyond the control of the owner or where the owner has obtained a demolition permit from the municipality. Such permitted building may be reconstructed for the purpose of replacing the building even if such did not conform with one or more of the provisions of this By-law provided that the reconstruction occurs within 24 months of the damage being done, but the non-compliance may not be further increased. 3.12.3 Existing Undersized Lots of Record Where a lot, having a lesser lot area and/or lot frontage than required herein, existed on the date of passing of this By-law, or where such a lot is created by a public authority, such smaller lot may be used and a permitted building or structure, may be erected, altered and/or used on such smaller lot provided that the lot is located on an improved public road that is maintained year round and all other applicable zone provisions of this By-law are complied with. Any of these existing smaller lots, which have been increased in size, following the passage of this By-law, but remain undersized, may also be used in accordance with this provision. 3.13 NOXIOUS TRADE Except as may otherwise be specifically permitted under this By-law, no use shall be permitted which, from its nature or the materials used therein, is defined as a noxious trade, business or manufacturer under the Health Protection and Promotion Act, as amended, and the Regulations promulgated there under. Township of Amaranth Zoning By-law 2-2009 Page 21 Consolidated December 2010 3.14 NUMBER OF DWELLING UNITS ON A LOT Unless otherwise permitted in this By-law, no more than one dwelling unit shall be permitted on any lot. 3.15 PARKING AREA REGULATIONS 3.15.1 Parking Space Requirements The owner of land, building or structure erected or used for any of the purposes hereinafter set forth shall provide and maintain parking spaces for the sole use of the owner, occupant, or other persons entering upon or making use of the said premises, from time to time. Parking spaces are required under this By-law, in accordance with Section 3.15.9, which contains the Parking Space Requirement Table. Where the calculation of required spaces exceeds a whole space by more than 0.25, the required spaces shall be the next whole number. 3.15.2 Parking Area Surface Non-residential parking spaces and driveways connecting the parking spaces or area with a road shall be maintained with a stable surface that is treated so as to prevent the raising of dust. Such parking spaces or areas shall, before being used, be constructed of asphalt crushed stone, gravel, concrete or similar material and shall include provisions for drainage facilities. 3.15.3 Ingress and Egress Provisions a) Ingress and egress to and from the required parking spaces and areas shall be provided by means of unobstructed driveways or passageways of at least 3 metres in width for one-way traffic, and a minimum width of 6 metres for two-way traffic but not more than 9 metres in perpendicular width. b) The maximum width of any joint ingress and egress driveway ramp measured along the street line shall be 9 metres. c) 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. d) The minimum angle of intersection between a driveway and a street line shall be 60 degrees. Township of Amaranth Zoning By-law 2-2009 Page 22 Consolidated December 2010 e) Parking spaces shall have a minimum width of 2.75 metres and have a minimum area of 16.5 square metres. 3.15.4 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. 3.15.5 Parking Area Location on Lot Notwithstanding the yard and setback provisions of this By-law, parking areas shall be permitted in the required yards and in the area between the street line and the required setback except that, where a Commercial Zone abuts a Residential Zone a 3.0 metre planting strip shall be maintained between the parking area and the lot line. 3.15.6 Additions To, or Changes In, the Use of Existing Buildings and Structures The parking space requirements referred to herein shall not apply to any building or structure lawfully in existence on the date of passage of this By-law, so long as the gross floor area is not increased. If any addition is made to a building or structure which increases its gross floor area, then parking spaces for the addition shall be provided as required by the Parking Space Requirement Table. Where a change in use occurs, parking spaces shall be provided for such new use in accordance with the requirements of Section 3.15.9, which contains the Parking Space Requirement Table. 3.15.7 Use of Parking Spaces and Areas Parking spaces and areas required in accordance with this By-law shall be used for the parking of operative, currently licensed vehicles only and for vehicles used in an operation incidental to the permitted uses in respect of which such parking spaces and areas are required or permitted. Notwithstanding the foregoing, the owner or occupant of any lot, upon which is located a permitted dwelling, building or structure in an Estate Residential, Hamlet Residential or Rural Residential Zone may use the lot, building or structure for the parking, storing or housing of one commercial motor vehicle or trailer provided that such vehicle does not exceed a 3500 kg load capacity and must be parked in an interior side or rear yard unless it is parked indoors. Township of Amaranth Zoning By-law 2-2009 Page 23 Consolidated December 2010 Commercial motor vehicles used in conjunction with an agricultural use are permitted in an Agricultural Zone and a Rural Zone. In addition, one commercial motor vehicle and/or one school bus not used in conjunction with an agricultural use may also be permitted in an Agricultural Zone and a Rural Zone. Notwithstanding the above, on a lot where the dwelling is the principal use or in a Residential Zone, no parking shall be permitted in the front yard required by this By-law except on a driveway having a perpendicular width of not more than 9.0 metres. 3.15.8 PARKING SPACE REQUIREMENT TABLE TYPE OR NATURE OF USE MINIMUM OFF-STREET PARKING REQUIREMENTS Assembly Hall, Community Centre, Place of Worship, Private Club, Recreational Establishment or Tavern or establishment licensed under the Liquor License Act or other similar places of assembly not otherwise specified herein 1 parking space for each four persons that may be legally accommodated at any one time, or each 9.0 square metres of gross floor area, whichever is greater Nursing Home 1 parking space for each four beds or fraction thereof plus one space per two staff persons Hotel, Motel, or Camping Establishment 1 parking space for each guest room or camp site plus one space for each 9.0 square metres devoted to a public use Residential 2.0 parking spaces per dwelling unit Uses Permitted by this By-law other than those listed in this Table 1 parking space per 28 square metres of gross floor area Disabled Persons Parking Total Required Spaces General Required Disabled Spaces 0-3 0 4-10 1 11-25 2 26-50 3 51-75 4 76-100 5 101-150 6 One (1) additional disabled space for every 50 total spaces, or part thereof. No maximum. Township of Amaranth Zoning By-law 2-2009 Page 24 Consolidated December 2010 3.15.9 Parking Spaces for Physically Disabled Persons A parking space reserved for the sole use of a vehicle operated by or carrying a physically disabled person shall be: a) Hard surfaced and level; b) A total width of 4.4 metres comprised of a 2.4 metre wide parking stall and a 2 metre wide access aisle; c) A minimum vertical clearance of 2.75 metres within the space(s) and on the route leading thereto; d) Placed so sidewalks, paths and walkways shall be accessible to physically disabled persons whether via ramps, depressed curbs or other appropriate means; e) Placed with sufficient clearance around the vehicle from any objects or obstacles which may obstruct or impede accessibility; f) Identified by a minimum of one authorized sign for each parking space, as prescribed in the Highway Traffic Act, as amended from time to time, located immediately in the front of the space and in the centre of the parking stall on a support that has been permanently installed in the ground or wall and mounted at a height of 1.5 metres to 2.5 metres from the ground to the bottom of the sign; and g) Generally located within 30 metres of the main entrance door of the building, or located on the shortest possible circulation route to an accessible entrance. 3.16 PEAT EXCAVATION AND PITS AND QUARRIES The excavation of peat is prohibited within the area covered by this By- law, except in the locations permitted by this By-law, and in accordance with the provisions of this By-law. No person shall use land or erect any building or structure for the purpose of excavating or processing peat except as expressly provided for in this By-law. The establishment or operation of pits or quarries is prohibited within the area covered by this By-law, except in the locations permitted by this By- law, and in accordance with the provisions of this By-law. No person shall use land or erect any building or structure for the purpose of processing, washing, screening, sorting or crushing rock, sand or gravel except as expressly provided for in this By-law. Township of Amaranth Zoning By-law 2-2009 Page 25 Consolidated December 2010 3.17 PLANTING STRIPS 3.17.1 Location Where a lot in an Institutional, Commercial, Industrial or Recreational Zone abuts an interior side or rear lot line of a lot in any Residential Zone, a 3.0 metre wide planting strip adjoining such abutting lot line, or portion thereof, shall be required. 3.17.2 Contents Such required planting strip shall be used for no other purposes than planting a continuous, un-pierced hedgerow of trees, evergreens or shrubs or other natural vegetation, or solid fencing not less than 1.5 metres high, immediately adjacent to the lot line, or portion thereof, where such planting strip is required. The remainder of the planting strip shall be used for no other purpose than the planting of shrubs, flowering shrubs, flowerbeds, grass or a combination thereof. 3.17.3 Driveways and Walkways In all cases where ingress and egress, driveways, or walkways extend through a required planting strip, it shall be permissible to interrupt the planting strip within 3 metres of the edge of such driveway or within 1.5 metres of the edge of such walkway. 3.17.4 Landscaped Open Space A planting strip or buffer screen referred to in this Section may form a part of any landscaped open space required by this By-law but shall form part of a required yard. 3.18 PUBLIC USES 3.18.1 Public Uses Permitted Except as provided in Section 3.18.2 herein, 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 a Public Use by any Public Authority. Where such building, structure or lot is located in any zone for the purposes of a Public Use, the following shall apply: a) No goods, materials or equipment shall be stored in the open, except as permitted in such zone; Township of Amaranth Zoning By-law 2-2009 Page 26 Consolidated December 2010 b) Any zone provisions of the zone within which the building, structure or use is located shall be complied with except as otherwise provided in Subsection 3.18.2; c) Any building in any Residential Zone shall be designed, located and maintained in general harmony with residential buildings of the type permitted in such zone. This provision shall not affect any requirement for compliance with the Building Code, Municipal Act, S.O. 2001, c.25, as amended from time to time, or any other applicable legislation or regulation associated therewith. Nothing in this By-law shall prevent the use of any land as a public park, stormwater management facility, community park, playground, public walkway, road allowance or as a site of a statue, monument, cenotaph, fountain or other memorial or ornamental structure. 3.18.2 Location Restrictions Notwithstanding any other provision contained in this By-law, where a public use is specifically mentioned as a permitted use within a specific zone classification, then such public use shall only be permitted within that zone or zones and shall comply with the zone provisions of the zone or zones in which the public use is permitted, save and except that there shall be no minimum lot area or lot frontage requirement. 3.18.3 Provisions a) No goods, materials or equipment shall be stored outside a building or structure located on the lot, except as may otherwise be permitted under this By-law and shall not be stored closer than 60 metres from a Residential Zone. b) The zone provisions of the zone in which the use is located shall be complied with except as otherwise provided in this By-law. c) The building or structure shall be designed and maintained in general harmony with the uses permitted within the respective zone. 3.18.4 Road and Service Installations Nothing in this By-law shall prevent land from being used as a public road or public highway, or prevent the installation of a watermain, sanitary sewer, storm sewer, gas main, pipeline, communication line, or electrical line owned, operated and maintained by a Public Authority, Township of Amaranth Zoning By-law 2-2009 Page 27 Consolidated December 2010 provided that the location of such facility has been approved by the Corporation. 3.19 PORTABLE ASPHALT PLANTS, WAYSIDE PIT OR QUARRY Portable Asphalt Plants and Wayside Pits and Quarries shall be permitted accessory to a specific public roads project as a temporary use in an Agricultural Zone or Rural Zone. 3.20 REDUCTION OF REQUIREMENTS No person shall change the purpose for which any land, building or structure is used or erect any building, structure, or addition to any existing building or structure, or reduce the area of any lot, if the effect of such action is to cause the original, adjoining, remaining or new building, structure or lot to be in contravention with this By-law. 3.21 RESTRICTIONS ON DWELLING UNITS IN NON-RESIDENTIAL BUILDINGS Notwithstanding any other provision of this By-law, no dwelling unit shall be located within a portion of a non-residential building which is used to house livestock or has flammable fluids or hazardous materials stored in bulk for commercial purposes or in conjunction therewith, and without limiting the generality of the foregoing, a dwelling unit shall not be permitted within a building used for a motor vehicle service station, a motor vehicle repair garage, a motor vehicle body shop or a marine or small engines service shop. 3.22 SERVICES REQUIRED No person shall erect or use a building or structure for a residential use on any lands unless approved sewage disposal and water supply services are available to the lot. 3.23 SIGHT TRIANGLES On a corner lot fronting on two public roads, within the triangular space formed by the intersecting street lines and a line drawn from a point on one street line to a point on the other street line, each such point being 9.0 metres, measured along the street line from the point of intersection of the street lines, no motor vehicle, as defined in the Highway Traffic Act, shall be parked, no building or structure which would obstruct the vision of drivers of motor vehicles shall be erected, and no land shall be used for the purposes of growing shrubs or trees in excess of 1.0 metres Township of Amaranth Zoning By-law 2-2009 Page 28 Consolidated December 2010 in height. Such triangular space may hereinafter be referred to as a "sight triangle". 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. 3.24 SIGNS All signage must be in accordance with applicable Township Sign By- law(s). 3.25 SPECIAL DISTANCE SEPARATIONS 3.25.1 Livestock Facilities Notwithstanding any other yard or setback provision in this By-law, no residential, institutional, commercial, industrial or recreational use, located on a separate lot and otherwise permitted by this By-law shall be erected unless it complies with the Minimum Distance Separation (MDS I) calculated using the MDS I Calculation Form attached as part of Schedule "B" to this By-law, and said schedule may be amended from time to time. Notwithstanding any other yard or setback provision in this By-law, no livestock facility shall be erected or expanded unless it complies with the Minimum Distance Separation (MDS II) calculated using the MDS II Calculation Form attached as part of Schedule "B" to this By-law, and said schedule may be amended from time to time. 3.25.2 Street Centre Lines Where a lot abuts a road allowance less than 20 metres in width, the street line shall be established at 10 metres from the centre line of the road and the required front yard and/or exterior side yard within the zone shall be measured from the established street line. Where a lot abuts a County Road, the street line shall be established at 15 metres from the centre line of the road and the required front yard and/or exterior side yard within the zone shall be measured from the established street line. Where a lot abuts Provincial Highway 89, the street line shall be established at 18 metres from the centre line of the highway and the required front yard and/or exterior side yard within the zone shall be measured from the established street line. Township of Amaranth Zoning By-law 2-2009 Page 29 Consolidated December 2010 3.25.3 Waste Management Areas No habitable building or structure shall be located closer than 250 metres to any land used or formerly used as a waste management facility. 3.25.4 Watercourses All buildings or structures shall be located a minimum of 15 metres from the high water mark of any river, stream, creek or municipal drain. 3.25.5 Steep Slopes or Ravines All buildings or structures shall be located a minimum of 15 metres from the top of bank of a slope in excess of 25 percent. 3.25.6 Wetlands All buildings and structures shall be located a minimum of 30 metres from the boundary (edge) of a wetland feature that is non-provincially significant. Notwithstanding same, a zoning by-law amendment is not required if a setback of less than 30 metres has been approved by the Conservation Authority. All buildings and structures shall be located a minimum of 120 metres from the boundary (edge) of a wetland feature that is defined as a Provincially Significant Wetland. Notwithstanding same, a zoning by-law amendment is not required if a setback of less than 120 metres has been approved by the Conservation Authority or if required the Ministry of Natural Resources. 3.25.7 Municipal Public Works Yard No new dwellings shall be constructed within 150 metres of the Municipal Public Works Yard located within the West Half of Lot 1, Concession 4. 3.26 TEMPORARY CONSTRUCTION USES A tool shed, construction trailer, scaffold or other building or structure incidental to construction is permitted in all Zones within the Township on the lot so long as it is necessary for the work in progress and until the work is completed or abandoned. For the purpose of this Section, abandoned shall mean the discontinuation of work for more than 30 consecutive days and/or the failure to maintain a current building permit. Township of Amaranth Zoning By-law 2-2009 Page 30 Consolidated December 2010 3.27 THROUGH LOTS Where a lot, which is not a corner lot, has lot frontage on more than one road, the setback and front yard requirements contained herein shall apply on each road in accordance with the provisions of the zone or zones in which such lot is located. 3.28 RECREATIONAL VEHICLES 3.28.1 Parking and Storage The parking and storing of Recreational Vehicles shall be prohibited in all Residential Zones except that one Recreational Vehicle (definition includes a travel or tent trailer) may be stored on the occupant's lot, where a dwelling is in existence on the same lot, but only in the rear or interior side yard, provided that it meets the setbacks for an accessory building. 3.28.2 Use The use of Recreational Vehicles for commercial purposes or habitation shall be prohibited in all Zones except in areas where such use is expressly permitted by this By-law. No other form of trailer or vehicle shall be used for human habitation unless expressly permitted by this By-law. Township of Amaranth Zoning By-law 2-2009 Page 31 Consolidated December 2010 SECTION 4 ZONE PROVISIONS 4.1 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: 4.1.1 Permitted Uses Agricultural Uses i) agricultural use ii) farm produce sales outlet accessory to an agricultural use iii) farm produce storage facility iv) greenhouse v) home occupation vi) home industry vii) kennel on a lot of at least 38 ha viii) resource management ix) riding school or boarding stables x) single detached dwelling xi) specialized agriculture not exceeding 300 Nutrient Units (NU) xii) veterinary clinic xiii) wayside pit or wayside quarry including a portable asphalt plant Residential Uses i) home occupation ii) home industry iii) single detached dwelling iv) accessory agricultural use not exceeding one (1) Nutrient Unit (NU) per hectare 4.1.2 Regulations for Permitted Uses Agricultural Residential i) Minimum Lot Area 19 ha 0.6 ha ii) Minimum Lot Frontage 150 m 60 m By-Law 39-2009 Township of Amaranth Zoning By-law 2-2009 Page 32 Consolidated December 2010 iii) Minimum Yard Requirements Front Yard 30 m 20 m Interior Side Yard 15 m 6 m Exterior Side Yard 30 m 20 m Rear Yard 30 m 7.5 m iv) Maximum Lot Coverage 5% 10 % v) Maximum Height 12 m 12 m vi) Minimum Dwelling Unit Gross Floor Area 111 sq m 140 sq m Special Provisions for Livestock Buildings and Uses vii) Minimum Interior Side Yard 30 m viii) Minimum Lot Size 2 ha ix) Nutrient Units Not to exceed one (1) NU/ha for lots less than 19 ha x) Maximum Size for all Livestock Buildings on the same lot 0.25% of the Lot Area 4.1.3 Exceptions 4.1.3.1 Agricultural Exception One (A-1) Zone (Part of the West Half of Lot 12, Concession 3) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception One (A-1), in addition to the permitted uses in the Agricultural (A) Zone, the growing of vegetables and food crops, flowers, shrubs and trees, as an accessory use to a single detached dwelling on a non-agricultural use residential lot shall be permitted as well as an equestrian operation, including the raising of horses and an attached riding arena, subject to the following additional regulations: a) Maximum number of horses permitted within the existing barn shall be 18; b) Maximum Floor Area of existing barn shall be 391 square metres; c) Maximum Floor Area of riding arena shall be 937 square metres; and d) Maximum Lot Coverage shall be 1.7%. In all other respects, the provisions of this By-law shall apply. By-Law 39-2009 Township of Amaranth Zoning By-law 2-2009 Page 33 Consolidated December 2010 4.1.3.2 Agricultural Exception Two (A-2) Zone (Part of the East Half of Lot 20, Concession 2) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Two (A-2), a riding arena, having a maximum floor area of 685 square metres shall be permitted in addition to the existing buildings and structures. In all other respects, the provisions of this By-law shall apply. 4.1.3.3 Agricultural Exception Three (A-3) Zone (Part of the South Half of Lot 24, Concession 3) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Three (A-3), in addition to the uses permitted in the Agricultural (A) Zone, a 50 metre handgun range and a 300 metre rifle range are permitted. In all other respects, the provisions of this By-law shall apply. 4.1.3.4 Agricultural Exception Four (A-4) Zone (Part of the East Half of Lot 27, Concession 7) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Four (A-4), in addition to the permitted uses in the Agricultural (A) Zone, an abattoir shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.1.3.5 Agricultural Exception Five (A-5) Zone (Part of the East Half of Lot 17, Concession 10) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Five (A-5), a home occupation shall be permitted in an accessory building, subject to the following special provisions: a) Maximum floor area of all buildings and structures shall be 290 square metres and; b) The accessory building wherein the home occupation is located shall be subject to the yard requirements of the Agricultural (A) Zone. The yard provision exceptions for accessory uses do not apply. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 34 Consolidated December 2010 4.1.3.6 Agricultural Exception Six (A-6) Zone (Part of the West Half of Lot 11, Concession 2) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Six (A-6), the maximum lot coverage for all accessory buildings and structures shall be 210 square metres. In all other respects, the provisions of this By-law shall apply. 4.1.3.7 Agricultural Exception Seven (A-7) Zone (Part of the East Half of Lot 24, Concession 4) Notwithstanding the provisions of the Agricultural (A) Zone and the General Provisions of this By-law, on lands zoned Agricultural Exception Seven (A-7) a 205 square metre building for the storage of antique cars in addition to the existing 54 square metre shed shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.1.3.8 Agricultural Exception Eight (A-8) Zone (Part of the West Half of Lots 3 and 4, Concession 7) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Eight (A-8), a home occupation is permitted within the older of the two existing dwellings subject to the following special provisions: a) Maximum floor area to be used for the home occupation shall be the lesser of 112 square metres or 71% of the floor area of the dwelling; and b) Maximum of six persons, excluding the owner, may be employed in the home occupation. In all other respects, the provisions of this By-law shall apply. 4.1.3.9 Agricultural Exception Nine (A-9) Zone (Part of the East Half of Lot 3, Concession 3) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Nine (A-9), an accessory building having a maximum floor area of 242 square metres may be used as a woodworking shop for a home occupation, and the total lot coverage of all accessory buildings and structures shall not exceed 280 square metres. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 35 Consolidated December 2010 4.1.3.10 Agricultural Exception Ten (A-10) Zone (Part of the West Half of Lot 2, Concession 5) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Ten (A-10), in addition to the permitted uses, the parking of a commercial motor vehicle in a garage having maximum dimensions of 9.76 metres by 24.39 metres shall be permitted as an accessory use. In all other respects, the provisions of this By-law shall apply. 4.1.3.11 Agricultural Exception Eleven (A-11) Zone (Part of the East Half of Lots 2 and 3, Concession 2) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Eleven (A-11) the following uses shall be prohibited in any existing buildings and structures: a) liquid nutrient storage facility b) raising of livestock or fowl c) a kennel d) a boarding stable In all other respects, the provisions of this By-law shall apply. 4.1.3.12 Agricultural Exception Twelve (A-12) Zone (Part of the East Half of Lot 26, Concession 4) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twelve (A-12), the existing drive shed and silo shall be permitted as accessory buildings and structures to a residential use, notwithstanding the maximum lot coverage of all accessory buildings and structures. In all other respects, the provisions of this By-law shall apply. 4.1.3.13 Agricultural Exception Thirteen (A-13) Zone - DELETED Note: This deleted exception number (A-13) is not shown on the Schedules to this By-law. Township of Amaranth Zoning By-law 2-2009 Page 36 Consolidated December 2010 4.1.3.14 Agricultural Exception Fourteen (A-14) Zone (Part of the West Half of Lot 12, Concession 5, Part 2, RP 7R-3516) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Fourteen (A-14), a dwelling and accessory uses shall be permitted within the required setback to a wetland, and the setback to a rear lot line and south side yard shall be 1.5 metres for a dwelling and accessory uses, but shall not be permitted within a required Minimum Distance Separation (MDS) arc. Nothing in this By-law shall prevent a permitted accessory building from being located in front of the face of the dwelling, provided that it meets the required 30 metre front yard. In all other respects, the provisions of this By-law shall apply. 4.1.3.15 Agricultural Exception Fifteen (A-15) Zone (Part of the East Part of Lot 14, Concession 10) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Fifteen (A-15), accessory buildings, not to exceed the permitted accessory building lot coverage by more than 335 square metres ground floor area, shall be permitted as well as the use of an accessory building or structure as a machinery shed for the repair of farm equipment as a home occupation. In all other respects, the provisions of this By-law shall apply. 4.1.3.16 Agricultural Exception Sixteen (A-16) Zone (Part of the East Half of Lot 2, Concession 8) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Sixteen (A-16), the existing buildings and structures may be used for a wood working shop and shall be exempt from the maximum lot coverage provisions of Subsection 4.1.2 (iv) of this By-law. In all other respects, the provisions of this By-law shall apply. 4.1.3.17 Agricultural Exception Seventeen (A-17) Zone (Part of the East Half of Lot 3, Concession 9) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Seventeen (A-17) the only permitted uses shall be: Township of Amaranth Zoning By-law 2-2009 Page 37 Consolidated December 2010 Agricultural Uses a) the growing of produce and fruit crops, flowers, shrubs, and trees which do not require the composting of manure b) farm produce sales outlet accessory to an agricultural use c) farm produce storage facility d) greenhouse e) home occupation f) home industry g) resource management h) single detached dwelling i) wayside pit or wayside quarry including a portable asphalt plant Residential Uses a) home occupation b) home industry c) single detached dwelling In all other respects, the provisions of this By-law shall apply. 4.1.3.18 Agricultural Exception Eighteen (A-18) Zone (Part of the West Half of Lot 15, Concession 9) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Eighteen (A-18) the only permitted uses shall be a commercial electrical substation and accessory facilities and the growing of agricultural crops. The A-18 Zone is designated a Site Plan Control Area. In all other respects, the provisions of this By-law shall apply. 4.1.3.19 Agricultural Exception Nineteen (A-19) Zone (Part of the East Half of Lot 15, Concession 1) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Nineteen (A-19) the following special provisions apply: a) Total Lot Coverage of all accessory uses, buildings or structures shall not exceed 400 square metres. b) Minimum Front Yard shall be not less than the front yard of the existing dwelling after 15 Sideroad has been widened by 3 metres. c) Maximum Lot Coverage shall be 600 square metres. d) Residential Lot Line shall be no less than the existing distance from the existing livestock barn located on the East Half of Lot 16, Township of Amaranth Zoning By-law 2-2009 Page 38 Consolidated December 2010 Concession 1 and the south limit of the original 15 Sideroad allowance plus 3 metres. e) The size of the existing livestock barn shall be the maximum size permitted within the A-19 Zone and not more than three (3) Nutrient Units may be housed or kept on the lot. In all other respects, the provisions of this By-law shall apply. 4.1.3.20 Agricultural Exception Twenty (A-20) Zone (Part of the East Half of Lot 11, Concession 2) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twenty (A-20) the existing buildings or structures, existing as of November 21, 2001, may be used for a permitted use notwithstanding the front yard or maximum lot coverage requirements of this By-law. In all other respects, the provisions of this By-law shall apply. 4.1.3.21 Agricultural Exception Twenty-One (A-21) Zone (Part of the East Half of Lot 6, Concession 9) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twenty-One (A-21) in addition to the uses permitted in the Agricultural (A) Zone a veterinary clinic is permitted. In all other respects, the provisions of this By-law shall apply. 4.1.3.22 Agricultural Exception Twenty-Two (A-22) Zone (Part of the East Half of Lot 32, Concession 8) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twenty-Two (A-22) a minimum front yard of 20 metres is permitted for a single detached dwelling. In all other respects, the provisions of this By-law shall apply. 4.1.3.23 Agricultural Exception Twenty-Three (A-23) Zone (Part of the East Half of Lot 1, Concession 10) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twenty-Three (A-23) the Minimum Exterior Side Yard shall be 9.0 metres. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 39 Consolidated December 2010 4.1.3.24 Agricultural Exception Twenty-Four (A-24) Zone (Part of the West Half of Lot 4, Concession 2) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twenty-Four (A-24), the Minimum Front Yard for the existing dwelling shall be 21.0 metres. In all other respects, the provisions of this By-law shall apply. 4.1.3.25 Agricultural Exception Twenty-Five (A-25) Zone (East Part Lot 24, Concession 6) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twenty-Five (A-25), residential uses, buildings and structures are prohibited. In all other respects, the provisions of this By-law shall apply. 4.1.3.26 Agricultural Exception Twenty Six (A-26) Zone (Part of Lot 22, Concession 7) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twenty-Six (A-26), a home industry may be attached to the residential dwelling. The maximum floor area of the home industry shall be 520 square metres. Repair and maintenance of personal vehicles used in the home industry shall be permitted. Notwithstanding the foregoing, there shall not be a motor vehicle service station, commercial motor vehicle repair garage, motor vehicle body shop or commercial service station. The subject lands shall be subject to site plan approval. In all other respects, the provisions of this By-law shall apply. 4.1.3.27 Agricultural Exception Twenty-Seven (A-27) Zone (East Part Lot 5, Concession 4) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twenty-Seven (A-27) residential buildings are prohibited as per Section 3.1.4 iv) 1) of the Official Plan. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 40 Consolidated December 2010 4.1.3.28 Agricultural Exception Twenty-Eight (A-28) Zone (Part of the East Half of Lot 16, Concession 2) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twenty-Eight (A-28), a Minimum Rear Yard of 3.3 metres shall be permitted for a 39 square metre accessory building. In all other respects, the provisions of this By-law shall apply. 4.1.3.29 Agricultural Exception Twenty-Nine (A-29) Zone (Part of the West Half of Lot 9, Concession 4) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Twenty-Nine (A-29), a Minimum Front Yard of 21.3 metres shall be permitted for the single detached dwelling and a Minimum Front Yard of 21.4 metres shall be permitted for an accessory building. In all other respects, the provisions of this By-law shall apply. 4.1.3.30 Agricultural Exception Thirty (A-30) Zone (Part of the East Half of Lot 29, Concession 7) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Thirty (A-30), a Minimum Front Yard of 27.5 metres shall be permitted for the single detached dwelling and a Maximum Accessory Building Coverage of 111.48 square metres shall be permitted for an accessory garage. In all other respects, the provisions of this By-law shall apply. 4.1.3.31 Agricultural Exception Thirty-One (A-31) Zone (Part of the East Half of Lot 26, Concession 3) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Thirty-One (A-31) a Minimum Interior Side Yard of 0.53 metres shall be permitted for an accessory building. In all other respects, the provisions of this By-law shall apply. 4.1.3.32 Agricultural Exception Thirty-Two (A-32) Zone - DELETED Note: This deleted exception number (A-32) is not shown on the Schedules to this By-law. Township of Amaranth Zoning By-law 2-2009 Page 41 Consolidated December 2010 4.1.3.33 Agricultural Exception Thirty-Three (A-33) Zone (Part of the West Half of Lot 2, Concession 2) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Thirty-Three (A-33), the Maximum Accessory Uses Lot Coverage shall be 340 square metres. In all other respects, the provisions of this By-law shall apply. 4.1.3.34 Agricultural Exception Thirty-Four (A-34) Zone (Part of the East Half of Lot 15, Concession 2) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Thirty-Four (A-34), zone uses are permitted on an undersized parcel, which would otherwise not meet the minimum lot area for agricultural uses. In all other respects, the provisions of this By-law shall apply. 4.1.3.35 Agricultural Exception Thirty-Five (A-35) Zone (Part of the West Half of Lot 16, Concession 2) Notwithstanding the provisions of Section 3.25.6, on lands zoned Agricultural Exception Thirty-Five (35), a dwelling shall be located a minimum of 13.5 metres from the edge of a wetland, and in all other instances all buildings and structures shall be setback a minimum of 15 metres to a wetland, and there shall be a minimum 15 metre buffer to a wetland. In all other respects, the provisions of this By-law shall apply. 4.1.3.36 Agricultural Exception Thirty-Six (A-36) Zone (Part of the West Half of Lot 30, Concession 5) Notwithstanding the provisions of Section 3.25.6, on lands zoned Agricultural Exception Thirty-Six (A-36), development will be permitted within the 30 metre setback to a wetland in accordance with the Township mapping. In all other respects, the provisions of this By-law shall apply. 4.1.3.37 Agricultural Exception Thirty-Seven (A-37) Zone (Part of the East Half of Lot 25, Concession 9) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Thirty-Seven (A-37), the minimum dwelling unit size shall be 111 square metres. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 42 Consolidated December 2010 4.1.3.38 Agricultural Exception Thirty-Eight (A-38) Zone Turbine 52 (Lots 28 and 29, Concession 10), See By-law 100-2007 in Schedule "C" to this By-law 4.1.3.39 Agricultural Exception Thirty-Nine (A-39) Zone Turbine 54 (Lot 27, Concession 10), See By-law 101-2007 in Schedule "C" to this By-law 4.1.3.40 Agricultural Exception Forty (A-40) Zone Turbine 55 (Lot 29, Concession 8), See By-law 102-2007 in Schedule "C" to this By-law 4.1.3.41 Agricultural Exception Forty-One (A-41) Zone Turbines 56 and 57 (Lot 30, Concession 10), See By-law 103-2007 in Schedule "C" to this By-law 4.1.3.42 Agricultural Exception Forty-Two (A-42) Zone Turbine 60 (Lot 30, Concession 9), See By-law 104-2007 in Schedule "C" to this By-law 4.1.3.43 Agricultural Exception Forty-Three (A-43) Zone Turbine 61 (Lot 30, Concession 9), See By-law 105-2007 in Schedule "C" to this By-law 4.1.3.44 Agricultural Exception Forty-Four (A-44) Zone Turbine 62 (Lots 31 and 32, Concession 8), See By-law 106-2007 in Schedule "C" to this By-law 4.1.3.45 Agricultural Exception Forty-Five (A-45) Zone Turbine 64 (Lot 30, Concession 8), See By-law 107-2007 in Schedule "C" to this By-law 4.1.3.46 Agricultural Exception Forty-Six (A-46) Zone Turbine 65 (Lot 29, Concession 8), See By-law 108-2007 in Schedule "C" to this By-law 4.1.3.47 Agricultural Exception Forty-Seven (A-47) Zone Turbine 66 (Lot 29, Concession 8), See By-law 109-2007 in Schedule "C" to this By-law 4.1.3.48 Agricultural Exception Forty-Eight (A-48) Zone Turbine 67 (Lot 27, Concession 8), See By-law 110-2007 in Schedule "C" to this By-law 4.1.3.49 Agricultural Exception Forty-Nine (A-49) Zone Turbine 68 (Lot 27, Concession 8), See By-law 111-2007 in Schedule "C" to this By-law Township of Amaranth Zoning By-law 2-2009 Page 43 Consolidated December 2010 4.1.3.50 Agricultural Exception Fifty (A-50) Zone Turbine 69 (Lot 27, Concession 7), See By-law 112-2007 in Schedule "C" to this By-law 4.1.3.51 Agricultural Exception Fifty-One (A-51) Zone Turbine 70 (Lot 28, Concession 7), See By-law 113-2007 in Schedule "C" to this By-law 4.1.3.52 Agricultural Exception Fifty-Two (A-52) Zone Turbine 71 (Lot 29, Concession 7), See By-law 114-2007 in Schedule "C" to this By-law 4.1.3.53 Agricultural Exception Fifty-Three (A-53) Zone Turbine 72 (Lot 30, Concession 7), See By-law 115-2007 in Schedule "C" to this By-law 4.1.3.54 Agricultural Exception Fifty-Four (A-54) Zone Turbines 73 and 74 (Lot 30, Concession 6), See By-law 116-2007 in Schedule "C" to this By-law 4.1.3.55 Agricultural Exception Fifty-Five (A-55) Zone Turbine 75 (Lot 29, Concession 6), See By-law 117-2007 in Schedule "C" to this By-law 4.1.3.56 Agricultural Exception Fifty-Six (A-56) Zone Turbine 76 (Lot 29, Concession 6), See By-law 118-2007 in Schedule "C" to this By-law 4.1.3.57 Agricultural Exception Fifty-Seven (A-57) Zone Turbine 77 (Lot 29, Concession 10), See By-law 119-2007 in Schedule "C" to this By-law Notwithstanding the repeal of By-law 69-2004, By-laws 100-2007 through to 119-2007 remain in full force and effect. 4.1.3.58 Electrical Lines and Junction Boxes Melancthon Grey Wind Project, Canadian Hydro Developers, Inc. Notwithstanding the provisions of this By-law, electrical lines and junction boxes associated with Phase I and II of the Canadian Hydro Developers, Inc. Melancthon Grey Wind Project shall be permitted in accordance with the letter from the Director of Public Works for the Township, dated August 31, 2005 (with respect to Phase 1) and the Road Agreement, dated February 20, 2008, between Canadian Hydro Developers, Inc. and the Township (with respect to Phase II). Note: This exception number (A-58) is not shown on the Schedules to this By-law. Township of Amaranth Zoning By-law 2-2009 Page 44 Consolidated December 2010 4.1.3.59 Agricultural Exception Fifty-Nine (A-59) Zone (West Half Lot 5, Concession 10) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Fifty-Nine (A-59), an accessory building lot coverage which exceeds the requirements of this By-law by 52.6 square metres shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.1.3.60 Agricultural Exception Sixty (A-60) Zone (East Half Lot 21, Concession 3) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Sixty (A-60), an accessory building lot coverage of 381 square metres shall be permitted and an accessory building height of 6.25 metres shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.1.3.61 Agricultural Exception Sixty-One (A-61) Zone (West Half Lot 21, Concession 5) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Sixty-One (A-61), a front yard of 19 metres shall be permitted and a setback of 34 metres shall be permitted for the addition of a sunroom. In all other respects, the provisions of this By-law shall apply. 4.1.3.62 Agricultural Exception Sixty-Two (A-62) Zone (East Half Lot 17, Concession 1) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Sixty-Two (A-62), an existing 234.25 square metre drive shed shall be permitted on the lot although it exceeds the maximum size for accessory buildings as well as lot coverage for accessory buildings. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 45 Consolidated December 2010 4.1.3.63 Agricultural Exception Sixty-Three (A-63) Zone (Part Lot 12, Concession 8, Part 1, RP 7R-3795) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Sixty-Three (A-63), a Group Home, in accordance with Section 5.92 of this By-law, shall be a permitted use. In all other respects, the provisions of this By-law shall apply. 4.1.3.64 Agricultural Exception Sixty-Four (A-64) Zone (Part Lot 16, Concession 2) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Sixty-Four (A-64), the construction of new residential dwellings, structures or uses shall be prohibited. In all other respects, the provisions of this By-law shall apply. 4.1.3.65 Agricultural Exception Sixty-Five (A-65) Zone (East Half Lot 15, Concession 9) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Sixty-Five (A-65), an exterior side yard of 26.6 metres shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.1.3.66 Agricultural Exception Sixty-Six (A-66) Zone (West Half Lot 9, Concession 8) Notwithstanding the provisions of the Agricultural (A) Zone, on lands zoned Agricultural Exception Sixty-Six (A-66), a front yard of 27 metres shall be permitted to allow for the addition of a front foyer and wood shed on the existing building. In all other respects, the provisions of this By-law shall apply. 4.1.3.67 Agricultural Exception Sixty-Seven (A-67) Zone (West Part Lot 6, Concession 10) Notwithstanding the provisions of this By-Law to the contrary, on lands zoned Agricultural Exception Sixty Seven (A-67) a Home Industry By-Law 61-2009 Township of Amaranth Zoning By-law 2-2009 Page 46 Consolidated December 2010 including motor vehicle and farm equipment sales and repair uses will be permitted, subject to the following conditions: 1. Have a maximum area of 734 square metres (7900 sq.ft.) 2. No outdoor storage 3. Shall be subject to site plan approval. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 47 Consolidated December 2010 4.2 RURAL (RU) ZONE No person shall within any Rural (RU) Zone use any land, erect, alter or use any building or structure except in accordance with the following provisions: 4.2.1 Permitted Uses Rural Uses i) agricultural use ii) agricultural produce sales outlet accessory to an agricultural use iii) greenhouse iv) agricultural produce storage facility v) home industry vi) home occupation vii) kennel on a lot of at least 38 hectares viii) public open space ix) resource management x) riding school or boarding stable xi) single detached dwelling xii) veterinary clinic xiii) wayside pit or a wayside quarry including a portable asphalt plant Residential Uses i) home occupation ii) home industry iii) single detached dwelling iv) accessory agricultural use not exceeding one (1) Nutrient Unit (NU) per hectare 4.2.2 Regulations for Permitted Uses Rural Residential i) Minimum Lot Area 10.0 ha 0.6 ha ii) Minimum Lot Frontage 100 m 60 m iii) Minimum Yard Requirements a) Front Yard 30 m 20 m b) Interior Side Yard 6 m 6 m c) Exterior Side Yard 30 m 20 m d) Rear Yard 30 m 7.5 m iv) Maximum Lot Coverage 5 % 10 % By-Law 39-2009 By-Law 39-2009 Township of Amaranth Zoning By-law 2-2009 Page 48 Consolidated December 2010 v) Maximum Height 10.5 m 10.5 m vi) Minimum Dwelling Unit Gross Floor Area 140 sq m 140 sq m Special Provisions for Livestock Buildings and Uses vii) Minimum Interior Side Yard 20 m viii) Minimum Lot Size 2 ha ix) Nutrient Units Not to exceed one (1) NU/ha for lots less than 10 ha x) Maximum Size for All Livestock Buildings on the same lot 0.25% of the Lot Area 4.2.3 Exceptions 4.2.3.1 Rural Exception One (RU-1) Zone (West Part Lot 29, Concession 2) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception One (RU-1) the existing house and shed are permitted notwithstanding Section 4.2.2 Zone Regulations. In all other respects, the provisions of this By-law shall apply. 4.2.3.2 Rural Exception Two (RU-2) Zone (Part of the East Half of Lot 11, Concession 5) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Two (RU-2) one additional dwelling unit shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.2.3.3 Rural Exception Three (RU-3) Zone (Part of the East Half of Lot 1, Concession 7) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Three (RU-3) a Minimum Front Yard of 14.03 metres shall be permitted for a single detached dwelling. In all other respects, the provisions of this By-law shall apply. By-Law 39-2009 By-Law 39-2009 Township of Amaranth Zoning By-law 2-2009 Page 49 Consolidated December 2010 4.2.3.4 Rural Exception Four (RU-4) Zone (Part of the East Half of Lot 29, Concession 2) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Four (RU-4) a Minimum Front Yard of 18 metres shall be permitted for a single detached dwelling. In all other respects, the provisions of this By-law shall apply. 4.2.3.5 Rural Exception Five (RU-5) Zone (Part of the East Half of Lot 20, Concession 10) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Five (RU-5) a Minimum Front Yard of 20.24 metres shall be permitted for a single detached dwelling. In all other respects, the provisions of this By-law shall apply. 4.2.3.6 Rural Exception Six (RU-6) Zone (Part of the East Half of Lot 1, Concession 6) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Six (RU-6) a Minimum Front Yard of 19.5 metres shall be permitted for an accessory building. In all other respects, the provisions of this By-law shall apply. 4.2.3.7 Rural Exception Seven (RU-7) Zone (Part of the West Half of Lot 29, Concession 1) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Seven (RU-7) a Minimum Rear Yard of 1.676 metres shall be permitted for an accessory building. In all other respects, the provisions of this By-law shall apply. 4.2.3.8 Rural Exception Eight (RU-8) Zone (Part of the West Half of Lot 29, Concession 2) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Eight (RU-8) a Minimum Front Yard of 15 metres shall be permitted for a single detached dwelling. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 50 Consolidated December 2010 4.2.3.9 Rural Exception Nine (RU-9) Zone (Part of the West Half of Lot 8, Concession 5) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Nine (RU-9) a Minimum Front Yard of 18.0 metres and a Minimum Interior Side Yard of 5 metres shall be permitted for a single detached dwelling. In all other respects, the provisions of this By-law shall apply. 4.2.3.10 Rural Exception Ten (RU-10) Zone (Part of the West Half of Lot 1, Concession 5) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Ten (RU-10) a Minimum Rear Yard of 9.8 metres shall be permitted for a garage attached to a single detached dwelling. In all other respects, the provisions of this By-law shall apply. 4.2.3.11 Rural Exception Eleven (RU-11) Zone (Part of the East Half of Lot 12, Concession 1) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Eleven (RU-11) those buildings and structures which have existed on the property since April 1, 1998 may be used for a permitted use notwithstanding the Minimum Front Yard and Minimum Interior Side Yard requirements of this By-law. In all other respects, the provisions of this By-law shall apply. 4.2.3.12 Rural Exception Twelve (RU-12) Zone (Part of Lot 20, Concession 4) Notwithstanding the provisions of the Rural (RU) Zone, on lands zoned Rural Exception Twelve (RU-12) Minimum Distance Separation requirements shall not apply to prevent the creation of one new residential lot and the construction of one single detached dwelling. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 51 Consolidated December 2010 4.2.3.13 Rural Exception Thirteen (RU-13) Zone (Part of Lot 20, Concession 4) Notwithstanding the lot area and frontage requirements of this By-law, on lands zoned Rural Exception Thirteen (RU-13) agricultural uses shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.2.3.14 Rural Exception Fourteen (RU-14) Zone (Part of Lot 20, Concession 4) Notwithstanding the provisions of this By-law, on lands zoned Rural Exception Fourteen (RU-14) the creation of a new lot and development of one single detached dwelling shall be permitted within the Minimum Distance Separation requirements. Notwithstanding the lot area and frontage requirement of this By-law, on lands zoned Rural Exception Fourteen (RU-14) agricultural uses shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.2.3.15 Rural Exception Fifteen (RU-15) Zone (West Part of Lot 26, Concession 1) Notwithstanding the provisions of this By-law, on lands zoned Rural Exception Fifteen (RU-15), a home industry shall be permitted to have a maximum floor area of 380 square metres (4,080 square feet) and a maximum height of 5 metres (16 feet). An addition to the existing shed and existing dwelling shall be permitted within a wetland. The setback requirements to a wetland shall not apply. In all other respects, the provisions of this By-law shall apply. 4.2.3.16 Rural Exception Sixteen (RU-16) Zone (East Part Lot 1, Concession 4) Notwithstanding the provisions of this By-law, on lands zoned Rural Exception Sixteen (RU-16), an interior side yard of 1.9 metres shall be permitted for an attached garage. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 52 Consolidated December 2010 4.2.3.17 Rural Exception Seventeen (RU-17) Zone (Part of East Half Lot 20, Concession 3) Notwithstanding the provisions of this By-law, on lands zoned Rural Exception Seventeen (RU-17), the following provisions shall apply: Minimum Front Yard Requirement for a Dwelling 30 m Minimum North Side Yard Requirement for a Dwelling 90 m Minimum South Side Yard Requirement for a Dwelling 50 m Minimum Rear Yard Requirement for a Dwelling 190 m All accessory building and structures, including a private septic tile field and private well shall meet the following setback requirements: Minimum Front Yard Requirement 20 m Minimum North Side Yard Requirement 90 m Minimum South Side Yard Requirement 20 m Minimum Rear Yard Requirement 190 m In all other respects, the provisions of this By-law shall apply. 4.2.3.18 Rural Exception Eighteen (RU-18) Zone (Part Lot 29, Concession 2) Notwithstanding the provisions of this By-law, on lands zoned Rural Exception Eighteen (RU-18), a dwelling and accessory uses shall be permitted within the required setback to a wetland. In all other respects, the provisions of this By-law shall apply. 4.2.3.19 Rural Exception Nineteen (RU-19) Zone (Part of Lot 12, Concession 1) Notwithstanding the provisions of this By-law, on lands zoned Rural Exception Nineteen (RU-19), the minimum required south side yard to a dwelling, including an attached garage, shall be 4.0 metres. In all other respects, the provisions of this By-law shall apply. 4.2.3.20 Rural Exception Nineteen (RU-20) Zone (Part of Lot 9 Concession 2) Notwithstanding the provisions of this By-law, on lands zoned Rural Exception Nineteen (RU-20), Residential use and buildings shall be prohibited. In all other respects, the provisions of this By-law shall apply. By-Law 45-2009 Township of Amaranth Zoning By-law 2-2009 Page 53 Consolidated December 2010 4.2.3.20 Rural Exception Nineteen (RU-21) Zone (Part of Lot 9 Concession 2) Notwithstanding the provisions of this By-law, on lands zoned Rural Exception Nineteen (RU-21), the minimum Rear yard requirement for existing dwelling shall be 15.4 metres. In all other respects, the provisions of this By-law shall apply. By-Law 46-2009 Township of Amaranth Zoning By-law 2-2009 Page 54 Consolidated December 2010 4.3 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: 4.3.1 Permitted Uses i) single detached dwelling ii) home industry iii) home occupation iv) an accessory agricultural use not exceeding 1 Nutrient Unit (NU) per hectare 4.3.2 Regulations for Permitted Rural Residential Uses i) Minimum Lot Area 1.0 ha ii) Minimum Lot Frontage 60 m iii) Minimum Yard Requirements a) Front Yard 20 m b) Interior Side Yard 6 m c) Exterior Side Yard 20 m d) Rear Yard 7.5 m iv) Maximum Lot Coverage 10 % v) Minimum Dwelling Unit Gross Floor Area 160 sq m vi) Maximum Height 10.5 m Special Provisions for Livestock Buildings and Uses vii) Minimum Interior Side Yard 15 m viii) Livestock Buildings shall not be permitted in the Front Yard ix) Minimum Lot Size for Livestock Buildings 2 ha x) Maximum Size for Livestock Buildings 0.25% of Lot Area By-Law 39-2009 By-Law 39-2009 Township of Amaranth Zoning By-law 2-2009 Page 55 Consolidated December 2010 4.3.3 Exceptions 4.3.3.1 Rural Residential Exception One (RR-1) Zone (Part of the East Half of Lot 22, Concession 1 Parcel 1)) Notwithstanding the provisions of the Rural Residential (RR) Zone, on lands zoned Rural Residential Exception One (RR-1) a Minimum Interior Side Yard of 1.22 metres is permitted for a single detached dwelling. In all other respects, the provisions of this By-law shall apply. 4.3.3.2 Rural Residential Exception Two (RR-2) Zone (Part of the East Half of Lot 23, Concession 1, Parcel 16) Notwithstanding the provisions of the Rural Residential (RR) Zone, on lands zoned Rural Residential Exception Two (RR-2), a Minimum Interior Side Yard of 3.88 metres is permitted for a single detached dwelling In all other respects, the provisions of this By-law shall apply. 4.3.3.3 Rural Residential Exception Three (RR-3) Zone (Part of the West Half of Lot 8, Concession 2, Parcel 14) Notwithstanding the provisions of the Rural Residential (RR) Zone, on lands zoned Rural Residential Exception Three (RR-3) a riding arena, not to exceed 875 square metres, and/or a building or structure, not to exceed 130 square metres, to house a maximum of five horses shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.3.3.4 Rural Residential Exception Four (RR-4) Zone (Part of the West Half of Lot 6, Concession 2) Notwithstanding the provisions of the Rural Residential (RR) Zone, on lands zoned Rural Residential Exception Four (RR-4) a Minimum Front Yard of 3.5 metres is permitted for a single detached dwelling. In all other respects, the provisions of this By-law apply. Township of Amaranth Zoning By-law 2-2009 Page 56 Consolidated December 2010 4.3.3.5 Rural Residential Exception Five (RR-5) Zone (Part of the West Half of Lot 6, Concession 2) Notwithstanding the provisions of the Rural Residential (RR) Zone, on lands zoned Rural Residential Exception Five (RR-5), storage of material used in conjunction with a home occupation shall be permitted in an accessory building, subject to the following special provisions: a) Maximum floor area of building to be used for storage of materials shall be 279 square metres b) Total lot coverage of all accessory buildings and structures shall be 372 square metres. In all other respects, the provisions of this By-law shall apply. 4.3.3.6 Rural Residential Exception Six (RR-6) Zone (East Part Lot 10, Concession 2, Parcel 37) Notwithstanding the provisions of the Rural Residential (RR) Zone, on lands zoned Rural Residential Exception Six (RR-6), a minimum 111 square metre dwelling unit shall be permitted. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 57 Consolidated December 2010 4.4 ESTATE RESIDENTIAL (ER) ZONE No person shall within any Estate Residential (ER) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: 4.4.1 Permitted Uses i) single detached dwelling ii) home occupation 4.4.2 Regulations for Permitted Uses i) Minimum Lot Area 0.6 ha ii) Minimum Lot Frontage 30 m iii) Minimum Yard Requirements a) Front Yard 20 m b) Interior Side Yard 6 m c) Exterior Side Yard 20 m d) Rear Yard 15 m iv) Maximum Lot Coverage 20% v) Maximum Height 10.5 m vi) Minimum Dwelling Unit Gross Floor Area 160 sq m 4.4.3 Exceptions 4.4.3.1 Estate Residential Exception One (ER-1) Zone (Part of the East Half of Lot 30, Concession 1) Notwithstanding the provisions of Section 4.4.2 of this By-law, on lands zoned Estate Residential Exception One (ER-1) Zone, the Minimum Lot Area shall be 0.5 hectares, the Minimum Lot Frontage shall be 30 metres, the Minimum Front Yard shall be 20 metres, the Minimum Exterior Side Yard shall be 20 metres and the Maximum Lot Coverage shall be 20%. In addition, notwithstanding this By-law's provision that all buildings must be setback 30 metres from the boundary of a wetland, the building setbacks from the boundary of the wetlands for Lots 2, 3, 4 and Lots 18- 23, inclusive, as numbered on the draft approved plan of subdivision dated December 18, 2006, are as follows: Township of Amaranth Zoning By-law 2-2009 Page 58 Consolidated December 2010 Lot Building Setback from Wetland Environmental Protection (EP) Zone Lot 2 16 metres Lot 3 5 metres Lot 4 29 metres Lot 18 8 metres Lot 19 5 metres Lot 20 18 metres Lot 21 14 metres Lot 22 15 metres Lot 23 18 metres A "model home" is defined as a single detached dwelling used in the interim as a display dwelling by the owner/builder prior to the model home being permanently serviced and occupied provided the construction of said model home is authorized pursuant to the terms and conditions of a model home agreement with the Township. One model home is a permitted interim and temporary use on the lands zoned ER-1 and is added to the list of permitted uses for such zone. In all other respects, the provisions of this By-law shall apply. 4.4.3.3 Estate Residential Exception Two (ER-2) Zone (West Half Lot 30, Concession 1) Notwithstanding the provisions of the Estate Residential (ER) Zone, on lands zoned Estate Residential Exception Two (ER-2), an exterior side yard of 10 metres shall be permitted for a 55.74 square metre storage shed and an additional 12.45 square metres shall be permitted in regard to the maximum lot coverage for accessory buildings. In all other respects, the provisions of this By-law shall apply. 4.4.3.4 Estate Residential Exception Three (ER-3) Zone (West Half of Lot 30, Concession 1) Notwithstanding the provisions of the Estate Residential (ER) Zone, on lands zoned Estate Residential Exception Three (ER-3), the accessory building lot coverage shall be permitted as it existed on the date of the passing of this By-law. In all other respects, the provisions of this by-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 59 Consolidated December 2010 4.4.3.5 Estate Residential Exception Four (ER-4) Zone (Lot 32, Concession 1 - Lot 33, Plan 106) Notwithstanding the provisions of the Estate Residential (ER) Zone, on lands zoned Estate Residential Exception Four (ER-4), a front yard of 18.16 metres shall be permitted. In all other respects, the provisions of this by-law shall apply. 4.4.3.6 Estate Residential Exception Five (ER-5) Zone (Part Lots 1, 2 and 3, Concession 1) Notwithstanding anything else to the contrary in Zoning By-law 2-2009 as amended, the following zone provisions apply to the lands zoned Estate Residential Special (ER-5) Zone: No person shall within an Estate Residential Special (ER-5) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: Permitted Uses i) single detached dwelling ii) home occupation iii) public use Regulations for Permitted Uses i) Minimum Lot Area 0.4 ha. ii) Minimum Lot Frontage 30 m iii) Minimum Yard Requirements a) Front Yard 20 m b) Interior Side Yard 6 m c) Exterior Side Yard 20 m d) Rear Yard 15 m iv) Maximum Lot Coverage 20% v) Maximum Height 10.5 m vi) Minimum Dwelling Unit Gross Floor Area 160 sq m OMB Decision By-Law 44- 2009 Township of Amaranth Zoning By-law 2-2009 Page 60 Consolidated December 2010 vii) Where a lot contains an OS-2 Zone, the lands zoned OS-2 shall be included in the Minimum Lot Area as set out in Regulation i) above. viii) Where a lot contains an OS-2 Zone, the lands zoned OS-2 shall be included in the minimum rear yard requirement. ix) Where the lands consist of Blocks 53 to 63, being the north part of future lots, which Blocks are as shown on the draft plan of subdivision approved on July 28, 2009 on File No. 22T-04004 and where the lands consist of Blocks 30 to 40, being the south part of future lots, which Blocks are as shown on the draft plan of subdivision approved on July 28, 2009 on File No. 22T-02002, and subsequent to such Plans being registered and subsequent to the ownership of the respective north Block and the respective south Block being merged, such merged parcel of land shall be deemed to be a lot under this By-law. x) Notwithstanding the provisions of Zoning By-law 2-2009 and the ER-5 Zone, public uses are not required to meet the Minimum Lot Area, Frontage and Yard setbacks. Township of Amaranth Zoning By-law 2-2009 Page 61 Consolidated December 2010 4.5 HAMLET RESIDENTIAL (HR) ZONE No person shall within a Hamlet Residential (HR) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: 4.5.1 Permitted Uses i) single detached dwelling ii) home occupation 4.5.2 Regulations for Permitted Uses i) Minimum Lot Area 0.6 ha ii) Minimum Lot Frontage 25 m iii) Minimum Yard Requirements a) Front Yard 7.5 m b) Interior Side Yard 3 m c) Exterior Side Yard 7.5 m d) Rear Yard 7.5 m iv) Maximum Lot Coverage 20% v) Maximum Height 10.5 m vi) Minimum Dwelling Unit Gross Floor Area 140 sq m 4.5.3 Exceptions 4.5.3.1 Hamlet Residential Exception One (HR-1) Zone (Part of West Half of Lot 2, Concession 10 - Part Lot 17 and 18, Plan 4A Waldemar) Notwithstanding the provisions of the Hamlet Residential (HR) Zone, on lands zoned Hamlet Residential Exception One (HR-1) the following special provisions apply to a single detached dwelling: a) Minimum Interior Side Yard of 1.98 metres b) Maximum Lot Coverage of 29.5 percent c) Minimum Front Yard of 5 metres In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 62 Consolidated December 2010 4.5.3.2 Hamlet Residential Exception Two (HR-2) Zone (Part of the West Half of Lot 2, Concession 9) Notwithstanding the provisions of the Hamlet Residential (HR) Zone, on lands zoned Hamlet Residential Exception Two (HR-2) the following special provisions apply: a) Minimum Rear Yard of 24.38 metres In all other respects, the provisions of this By-law shall apply. 4.5.3.3 Hamlet Residential Exception Three (HR-3) Zone (Part of the East Half of Lot 2, Concession 10 - Waldemar) Notwithstanding the provisions of the Hamlet Residential (HR) Zone, on lands zoned Hamlet Residential Exception Three (HR-3), none of the provisions of Subsection 4.5.2 of this By-law or the provisions of Subsection 3.25.2 (Street Centre Lines) of this By-law shall apply to prevent the alteration or use of the existing building. In all other respects, the provisions of this By-law shall apply. 4.5.3.4 Hamlet Residential Exception Four (HR-4) Zone (Lot 2 Concession 10 Waldemar Plan 4, BLK. 3) Notwithstanding the provisions of the Hamlet Residential (HR) Zone, on lands zoned Hamlet Residential Exception Four (HR-4), the exterior side yard shall be 4.5 metres to allow a detached garage. In all other respects, the provisions of this By-law shall apply. 4.5.3.5 Hamlet Residential Exception Five (HR-5) Zone (West Half Lot 11, Concession 4) Notwithstanding the provisions of the Hamlet Residential (HR) Zone, on lands zoned Hamlet Residential Exception Five (HR-5), a rear yard of 3.25 metres shall be permitted to allow a deck. In all other respects, the provisions of this By-law shall apply. 4.5.3.5 Hamlet Residential exception Six (HR-6) Zone (3 St. John Street, Plan 14A Lots 11-14) Notwithstanding the provisions of Section 3.2.2. of this By-Law to the contrary, on lands zoned Hamlet Residential Exception Six (HR-6), the construction of an accessory detached garage located in the front yard shall be permitted, subject to the following conditions: By-Law 49-2009 Township of Amaranth Zoning By-law 2-2009 Page 63 Consolidated December 2010 1. Shall have a maximum area of 100 sq. m. (1077 sq. ft.) 2. Shall be located 18.2 m. from the north side property line. 3. Shall meet all other requirements of the Zoning By-law 2-2009 and yard requirements of the Hamlet Residential Zone. 4. To limit the number of accessory buildings on the property to a maximum of one shed, one gazebo, and one garage. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 64 Consolidated December 2010 4.6 GENERAL COMMERCIAL (C1) ZONE No person shall within any General Commercial (C1) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: 4.6.1 Permitted Uses i) accessory dwelling unit within and above or behind the principal use ii) assembly hall iii) banks or financial institutions iv) business, professional or administrative offices v) clinic vi) convenience store vii) day nursery viii) funeral home ix) gas bar x) hotels and motels xi) motor vehicle dealership xii) motor vehicle repair garage xiii) motor vehicle service station xiv) parking lot xv) personal services shop xvi) place of amusement xvii) place of worship xviii) post office xix) private club xx) public storage facility xxi) restaurant or tavern xxii) retail store xxiii) service shop xxiv) veterinary clinic xxv) wholesale establishment 4.6.2 Regulations for Permitted Uses i) Minimum Lot Area 0.2 ha ii) Minimum Lot Area for accessory dwelling 0.5 ha iii) Minimum Lot Frontage 15 m Township of Amaranth Zoning By-law 2-2009 Page 65 Consolidated December 2010 iv) Minimum Yard Requirements a) Front Yard 6 m b) Interior Side Yard 3 m Interior Side Yard Abutting Residential Zone or use 7.5 m c) Exterior Side Yard 6 m d) Rear Yard 7.5 m v) Maximum Lot Coverage 40% vi) Minimum Landscaped Open Space 15% vii) Maximum Height 10.5 m viii) In any yard abutting a residence and/or Residential Zone or use a planting strip of at least 3.0 metres in width shall be required. 4.6.3 Exceptions 4.6.3.1 General Commercial Exception One (C1-1) Zone (Lot 2, Concession 10; Registered Plan 4A-Waldemar) Notwithstanding the provisions of the General Commercial (C1) Zone, on lands zoned General Commercial Exception One (C1-1), the following special provisions apply: a) Minimum Front Yard for existing building shall be 0 metres b) Minimum Exterior Side Yard for existing building shall be 0 metres c) A landscaped open space strip is required along any section of a rear or side lot line which abuts a Residential Zone or lot used for residential purposes, except for the easterly 20.0 metres of the south lot line where the required 3.0 metre landscaped strip may be replaced with a 2.0 metre high privacy fence. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 66 Consolidated December 2010 4.6.3.2 General Commercial Exception Two (C1-2 Zone) (Part Lot 1, Concession 3) Notwithstanding the provisions of the General Commercial (C1) Zone, for lands zoned General Commercial Exception Two (C1-2) the construction of a commercial retail and self storage facility with a Maximum Lot Coverage of 50% will be allowed. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 67 Consolidated December 2010 4.7 HIGHWAY COMMERCIAL (C2) ZONE No person shall within any Highway Commercial (C2) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: 4.7.1 Permitted Uses i) accessory detached dwelling or accessory dwelling unit within and above or behind principal use ii) building supply and lumber outlet iii) business, professional or administrative offices iv) gas bar v) greenhouse vi) convenience store vii) equipment sales/rental/service establishment viii) farm implement sales outlet ix) farm produce sales outlet x) hotels and motels xi) motor vehicle dealership xii) motor vehicle repair garage xiii) motor vehicle service station xiv) parking lot xv) post office xvi) public storage facilities xvii) recreational establishment xviii) recreational vehicle sales and service operation xix) restaurant or tavern xx) service shop for retail sales accessory to a permitted use xxi) transportation depot xxii) veterinary clinic 4.7.2 Regulations for Permitted Uses i) Minimum Lot Area 0.8 ha ii) Minimum Lot Frontage 60 m iii) Minimum Yard Requirements a) Front Yard 15 m b) Interior Side Yard 6 m c) Exterior Side Yard 15 m d) Rear Yard 7.5 m iv) Maximum Lot Coverage 25% v) Minimum Landscaped Open Space 15% Township of Amaranth Zoning By-law 2-2009 Page 68 Consolidated December 2010 vi) Maximum Height 10.5 m vii) In any yard abutting a residence and/or Residential Zone or use a planting strip of at least 3.0 metres in width shall be required. 4.7.3 Exceptions 4.7.3.1 Highway Commercial Exception One (C2-1) Zone (Part of East Half Lot 10, Concession 3) Notwithstanding the provisions of the Highway Commercial Zone, on lands zoned Highway Commercial Exception One (C2-1) Zone the only permitted uses shall be: a) an equipment sales/rental/service establishment b) an accessory self storage facility permitting outdoor and indoor rental storage of light equipment, including but not limited to the storage of recreational vehicles, recreational and construction equipment, storage containers, and sea containers with individual mini-storage division but shall not include a public storage facility. In all other respects the provisions of this By-law shall apply. 4.7.3.2 Highway Commercial Exception Two (C2-2) Zone (Part of the East Half of Lot 1, Concession 1) Notwithstanding the provisions of the Highway Commercial (C2) Zone, on lands zoned Highway Commercial Exception Two (C2-2), the following additional uses shall be permitted: a) accessory outdoor storage b) bakery c) civic or private club d) clinic e) community centre f) egg grading establishment g) equipment sales/rental/service establishment h) farm produce storage facility i) feed mill j) funeral home k) motor vehicle washing establishment l) print shop m) public use n) retail store o) service shop p) wholesale establishment q) wholesale use accessory to a permitted use Township of Amaranth Zoning By-law 2-2009 Page 69 Consolidated December 2010 In all other respects, the provisions of this By-law shall apply. 4.7.3.3 Highway Commercial Exception Three (C2-3) Zone (Part of the East Half of Lot 1, Concession 6) Notwithstanding the provisions of the Highway Commercial (C2) Zone, on lands zoned Highway Commercial Exception Three (C2-3) only the following uses shall be permitted. a) one single detached dwelling; b) production, publishing, distribution and retail of educational materials. Notwithstanding the provisions of this By-law, on lands zoned Highway Commercial Exception Three (C2-3) a minimum of five (5) parking spaces shall be required. In all other respects, the provisions of this By-law shall apply. 4.7.3.4 Highway Commercial Exception Four (C2-4) Zone (Part of the West Half of Lot 2, Concession 9) Notwithstanding the provisions of the Highway Commercial (C2) Zone, on lands zoned Highway Commercial Exception Four (C2-4), a Minimum Front Yard of 4.0 metres and a Minimum Rear Yard of 1.7 metres shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.7.3.5 Highway Commercial Exception Five (C2-5) Zone (Part of the East Half of Lot 1, Concession 3) Notwithstanding the provisions of the Highway Commercial (C2) Zone, on lands zoned Highway Commercial Exception Five (C2-5), a contractor yard use shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.7.3.6 Highway Commercial Exception Six (C2-6) Zone (Part of the East Half of Lot 10, Concession 3) Notwithstanding the provisions of the By-Law to the contrary, on lands zoned Highway Commercial Exception Six (C2-6), a free standing illuminated pylon sign 16' x 6'3' wide with static digital component on timer from midnight to five a.m. is permitted to located approximately 3 metres from the property Line along County Road 10. In all other respects, the provisions of this By-Law shall apply. By-Law 42-2010 Township of Amaranth Zoning By-law 2-2009 Page 70 Consolidated December 2010 4.8 RECREATIONAL (RE) ZONE No person shall within any Recreational (RE) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: 4.8.1 Permitted Uses i) driving range ii) golf course iii) miniature golf course iv) outdoor recreation area v) private recreational park vi) resource management 4.8.2 Regulations for Permitted Uses i) Minimum Lot Area 1.0 ha ii) Minimum Lot Frontage 60 m iii) Minimum Yard Requirements a) Front Yard 30 m b) Interior Side Yard 15 m c) Exterior Side Yard 30 m d) Rear Yard 15 m iv) Maximum Lot Coverage 10% v) Minimum Landscaped Open Space 50% vi) Maximum Height 10.5 m vii) In any yard abutting a residence and/or Residential Zone or use a planting strip of at least 3.0 metres in width shall be required. 4.8.3 Exceptions 4.8.3.1 Recreational Exception One (RE-1) Zone (Part of the West Half of Lot 10, Concession 2) Notwithstanding the provisions of the Recreational (RE) Zone, on lands zoned Recreational Exception One (RE-1), the following additional use shall be permitted: a) an accessory single detached dwelling or dwelling unit In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 71 Consolidated December 2010 4.9 INSTITUTIONAL (I) ZONE 4.9.1 Permitted Uses No person shall within any Institutional (I) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: i) ambulance station ii) cemetery iii) civic building iv) community centre v) day nursery vi) fire station vii) library viii) municipal, county or provincial maintenance and/or public works yard ix) nursing home x) place of worship xi) post office xii) school 4.9.2 Regulations for Permitted Uses i) Minimum Lot Area 0.4 ha ii) Minimum Lot Frontage 30 m iii) Minimum Yard Requirements a) Front Yard 6 m b) Interior Side Yard 3 m d) Exterior Side Yard 6 m d) Rear Yard 6 m iv) Maximum Lot Coverage 25% v) Minimum Landscaped Open Space 10% vi) In any yard abutting a residence and/or Residential Zone or use, a planting strip of at least 3.0 metres in width shall be required. Township of Amaranth Zoning By-law 2-2009 Page 72 Consolidated December 2010 4.9.3 Exceptions 4.9.3.1 Institutional Exception One (I-1) Zone No person shall within an Institutional (I-1) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: Permitted Uses Existing Cemetery (subject to the limitation that additional internments are not permitted). Regulations for Permitted Uses Minimum Lot Area, Frontage and Yard requirements shall be deemed to be those as shown on Schedule "A" for the I-1 Zone. Township of Amaranth Zoning By-law 2-2009 Page 73 Consolidated December 2010 4.10 INDUSTRIAL (M1) ZONE No person shall within any Industrial (M1) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: 4.10.1 Permitted Uses i) accessory gate house ii) building supply and lumber outlet iii) bulk fuel depot iv) business, professional or administrative offices v) contractor's or tradesman's shop and yard vi) equipment sales/rental/service establishment vii) feed mill viii) manufacturing within an enclosed building ix) motor vehicle body shop x) motor vehicle repair garage xi) outdoor storage accessory to a permitted use not exceeding 20 per cent of the gross floor area xii) retail sales accessory to a permitted use not exceeding 35 per cent of the total ground floor area xiii) sawmill xiv) telecommunications tower xv) transportation depot xvi) warehouse xvii) workshop 4.10.2 Regulations for Permitted Uses i) Minimum Lot Area 0.8 ha ii) Minimum Lot Frontage 60 m iii) Minimum Yard Requirements a) Front Yard 15 m b) Interior Side Yard 6 m c) Exterior Side Yard 15 m d) Rear Yard 7.5 m iv) Maximum Lot Coverage 25% v) Minimum Landscaped Open Space 20% vi) Maximum Height 10.5 m vii) In any yard abutting a residence and/or Residential Zone or use, a planting strip of at least 3.0 metres in width shall be required. Township of Amaranth Zoning By-law 2-2009 Page 74 Consolidated December 2010 4.10.3 Exceptions 4.10.3.1 Industrial Exception One (M1-1) Zone (Part of the West Half of Lot 25, Concession 2) Notwithstanding the provisions of the Industrial (M1) Zone, on lands zoned Industrial Exception One (M1-1), the only permitted uses shall be: a) a spring water bottling facility b) a warehouse c) a maximum of eight loading spaces d) an accessory single detached dwelling or dwelling unit In all other respects, the provisions of this By-law shall apply. 4.10.3.2 Industrial Exception Two (M1-2) Zone (Part of the East Half of Lot 1, Concession 3) Notwithstanding the provisions of the Industrial (M1) Zone, on lands zoned Industrial Exception Two (M1-2), in addition to the permitted uses, a total of two dwellings shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.10.3.3 Industrial Exception Three (M1-3) Zone (West Part Lot 1, Concession 2) Notwithstanding the provisions of the Industrial (M1) Zone, on lands zoned Industrial Exception Three (M1-3), residential uses are prohibited and the only permitted uses shall be a transfer and recycling facility and a public use in accordance with the following provisions: a) Minimum Lot Area 4.5 hectares b) Minimum Lot Frontage 9.0 metres c) Minimum Front Yard 60 metres d) Minimum Interior Side Yard 10 metres e) Minimum Rear Yard 60 metres For the purposes of this exception, a Transfer and Recycling facility means a site with structures for the purpose of receiving, handling and sorting for transferring from the site for disposal, ICI, construction/demolition and/or solid non-hazardous-mixed residential waste and residential blue box material. This definition includes outdoor storage of waste materials at the materials drop off facility as identified in the Site Plan Agreement, and includes the parking of material hauling vehicles and the placement of empty collection bins. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 75 Consolidated December 2010 4.10.3.4 Industrial Exception Four (M1-4) Zone (Part of the East Half of Lot 1, Concession 1) Notwithstanding the provisions of the Industrial (M1) Zone, on lands zoned Industrial Exception Four (M1-4), the following additional uses shall be permitted: a) a bank or financial institution b) a catering business c) a lumber yard d) a mechanics garage e) a restaurant f) a service shop g) a parking lot h) a public use In all other respects, the provisions of this By-law shall apply. 4.10.3.5 Industrial Exception Five (M1-5) Zone (West Part Lot 1, Concession 2) Notwithstanding the provisions of the Industrial (M1) Zone, on lands zoned Industrial Exception Five (M1-5), the maximum height of a portion of the industrial building shall be 19.0 metres. In all other respects, the provisions of this By-law shall apply. 4.10.3.6 Industrial Exception Six (M1-6) Zone (East Part Lot 2, East Part Lot 3, Concession 2) Notwithstanding the provisions of the Industrial (M1) Zone, on lands zoned Industrial Exception Six (M1-6), only a communication tower and associated structures shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.10.3.7 Industrial Exception Seven (M1-7) Zone (Part of Lot 1, Concession 2, Parcel 6) Notwithstanding the provisions of this By-law, on lands zoned Industrial Exception Seven (M1-7), only a waste processing/waste manufacturing facility and the open storage of materials used in the waste processing/waste manufacturing facility and uses accessory and incidental to the waste processing/waste manufacturing facility, together with the retail sale of compost, fertilizer products and similar waste products shall be permitted. Township of Amaranth Zoning By-law 2-2009 Page 76 Consolidated December 2010 Notwithstanding the general provisions and zone regulations, the following shall apply: a) Maximum building height, where height shall be defined as the maximum vertical distance from the average finished grade to the highest point of the roof or cover-all structure shall be 15 metres; b) Maximum Lot Coverage shall apply only to buildings (and shall not include other facilities); c) Minimum Number of Loading Spaces - one loading space; d) Minimum Number of Parking Spaces - 6 spaces; e) Open Storage of material shall be restricted to the lands east of the westerly building and shall be subject to the provisions of the site plan agreement. In all other respects, the provisions of this By-law shall apply. 4.10.3.8 Industrial Exception Eight (M1-8) Zone (Part of Lot 1, Concession 2, Parcel 5) Notwithstanding the provisions of this By-law, on lands zoned Industrial Exception Eight (M1-8) the proposed building shall have a height of 12.3 metres and there shall be sixty (60) parking spaces. In all other respects, the provisions of this By-law shall apply. 4.10.3.9 Industrial Exception Nine (M1-9) Zone (Lot 1, Concession 1) Notwithstanding the provisions of this By-law, on lands zoned Industrial Exception Nine (M1-9), the following additional uses will be permitted: a) Recreational facility b) Tennis, squash and fitness facilities c) Accessory administrative offices d) Accessory offices for alternative medicine, health, recreation, sport rehabilitation e) Accessory day care facility f) Accessory retail All accessory uses related to the Private Recreation Centre shall be directly associated with the recreation facility and shall be operated in conjunction with the recreation facility. All access to the accessory uses shall be through the recreation facility. The maximum leasable gross floor area devoted to accessory uses related to the Recreation Centre shall not exceed 874 square metres. Notwithstanding the provisions of this By-law, on lands zoned Industrial Exception Nine (M1-9), a minimum of one (1) parking space per 55 Township of Amaranth Zoning By-law 2-2009 Page 77 Consolidated December 2010 square metres of floor area devoted to tennis, squash and fitness facility shall be provided. Parking for all accessory uses shall be provided in accordance with this By-law. Notwithstanding the provisions of this By-law, on the lands zoned Industrial Exception Nine (M1-9), the maximum height shall be 12.4 metres. Development of the Private Recreation Centre shall be in accordance with the approved site plan. In all other respects, the provisions of this By-law shall apply. (Further amended by By-Law 60-2009) Notwithstanding the provisions of this By-Law to the contrary, on lands zoned Industrial Exception Nine (M1-9), a free standing sign to be located approximately 3 metres from the front lot line and be located closer to the front lot line than the principal building is permitted. Township of Amaranth Zoning By-law 2-2009 Page 78 Consolidated December 2010 4.11 EXTRACTIVE INDUSTRIAL (MX) ZONE No person shall within any Extractive Industrial (MX) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: 4.11.1 Permitted Uses i) agricultural use excluding a dwelling ii) pit iii) peat extraction iv) portable asphalt plant v) portable processing plant vi) quarry vii) resource management 4.11.2 Regulations for Permitted Uses i) Minimum Lot Area 8.0 ha ii) Minimum Lot Frontage 200 m iii) Minimum Yard Requirements (from limit of extraction) or buildings or structures a) Front Yard 30 m b) Interior Side Yard 15 m c) Exterior Side Yard 30 m d) Rear Yard 15 m iv) Minimum Distance from a Residential Lot Line 120 m v) Maximum Lot Coverage (Buildings and Structures) 1% vi) Maximum Landscaped Open Space 10% vii) Maximum Height 12 m viii) In any yard abutting a residence and/or Residential Zone or use a planting strip of at least 10.0 metres in width shall be required. Township of Amaranth Zoning By-law 2-2009 Page 79 Consolidated December 2010 4.12 WASTE DISPOSAL INDUSTRIAL (MD) ZONE No person shall within any Waste Disposal Industrial (MD) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: 4.12.1 Permitted Uses i) accessory gate house ii) recycling facility iii) waste management facility iv) waste management transfer facility 4.12.2 Regulations for Permitted Uses i) Minimum Lot Area 4.0 ha ii) Minimum Lot Frontage 150 m iii) Minimum Yard Requirements a) Front Yard 60 m b) Interior Side Yard 60 m c) Exterior Side Yard 60 m d) Rear Yard 60 m iv) Maximum Lot Coverage 25% v) Minimum Distance from a Residential Lot Line 120 m vi) Minimum Landscaped Open Space 20% vii) Maximum Height 12 m viii) In any yard abutting a residence and/or Residential Zone or use a planting strip of at least 10 metres in width shall be required. Township of Amaranth Zoning By-law 2-2009 Page 80 Consolidated December 2010 4.13 OPEN SPACE (OS) ZONE No person shall within an Open Space (OS) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: 4.13.1 Permitted Uses i) public park ii) public recreation centre iii) resource management 4.13.2 Regulations for Permitted Uses i) Minimum Lot Area 0.2 ha ii) Minimum Lot Frontage 30 m iii) Minimum Yard Requirements a) Front Yard 30 m b) Interior Side Yard 15 m c) Exterior Side Yard 30 m d) Rear Yard 15 m iv) Maximum Lot Coverage 25% v) Minimum Landscaped Open Space 20% vi) Maximum Height 12 m 4.13.3 Exceptions 4.13.3.1 Open Space Exception One (OS-1) Zone (Part Lots 1,2 and 3, Concession 1) No person shall within an Open Space (OS-1) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: Permitted Uses i) public park ii) public recreation centre iv) resource management v) public use vi) monitoring wells and associated monitoring By-Law 44-2009 Township of Amaranth Zoning By-law 2-2009 Page 81 Consolidated December 2010 Regulations for Permitted Uses i) Minimum Lot Area 0.2 ha. ii) Minimum Lot Frontage 30 m iii) Minimum Yard Requirements a) Front Yard 30 m b) Interior Side Yard 15 m c) Exterior Side Yard 30 m d) Rear Yard 15 m iv) Maximum Lot Coverage 25% v) Minimum Landscaped Open Space 20% vi) Maximum Height 12 m 4.13.3.2 Open Space Exception Two (OS-2) Zone (Part of Lots 1, 2 and 3, Concession 1) No person shall within an Open Space (OS-2) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: Permitted Uses i) resource management ii) public use Regulations for Permitted Uses i) Minimum Landscape Buffer of 15 m wide shall be provided from the northern lot line ii) No buildings and/or structures shall be permitted iii) The requirements for Minimum Lot Area and Frontage shall not apply By-Law 44-2009 Township of Amaranth Zoning By-law 2-2009 Page 82 Consolidated December 2010 4.14 ENVIRONMENTAL PROTECTION (EP) ZONE No person shall, within any Environmental Protection (EP) Zone erect, alter or use any building or structure except in accordance with the following provisions: 4.14.1 Permitted Uses i) existing agricultural use ii) conservation iii) passive recreation such as hiking and bird watching iv) resource management v) existing buildings and structures 4.14.2 Regulations for Permitted Uses No buildings or structures including accessory buildings or structures with the exception of pump houses and buildings and structures for flood and erosion control are permitted in the Environmental Protection (EP) Zone. 4.14.3 Exceptions 4.14.3.1 Environmental Protection Exception One (EP-1) Zone (Part of the East Half of Lot 11, Concession 1) (Part of the East Half of Lot 24, Concession 1) (Part of the East Half of Lot 10, Concession 1) (Part of the East Half of Lot 11, Concession 1, PCL D) Notwithstanding the provisions of the Environmental Protection (EP) Zone, on lands zoned Environmental Protection Exception One (EP-1), a single detached dwelling shall be permitted in accordance with the following provisions: a) Minimum Front Yard 30 m b) Minimum Interior Side Yard 6 m c) Minimum Rear Yard 15 m d) Maximum Lot Coverage 20 % e) Minimum Gross Floor Area 158 sq m In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 83 Consolidated December 2010 4.14.3.2 Environmental Protection Exception Two (EP-2) Zone (Part of the West Half of Lot 10, Concession 2,) Notwithstanding the provisions of the Environmental Protection (EP) Zone, on lands zoned Environmental Protection Exception Two (EP-2), in addition to the permitted uses, a golf course, including greens and fairways shall be permitted. In all other respects, the provisions of this By-law shall apply. 4.14.3.3 Environmental Protection Exception Three (EP-3) Zone (Part of the East Half of Lot 1, Concession 1) Notwithstanding the provisions of the Environmental Protection (EP) Zone, on lands zoned Environmental Protection Exception Three (EP-3), only the following uses shall be permitted: a) an existing single detached dwelling b) forest management c) a conservation use d) a park e) a picnic area f) an area of historic resources g) a wildlife management operation h) buildings and structures necessary for flood or erosion control and conservation practices i) public use In all other respects, the provisions of this By-law shall apply. 4.14.3.4 Environmental Protection Exception Four (EP-4) Zone (Part of the West Half of Lot 24, Concession 1) Notwithstanding the provisions of the Environmental Protection (EP) Zone, on lands zoned Environmental Protection Exception Four (EP-4), a workshop shall be permitted, subject to the following provisions: a) Minimum Front Yard 30 m b) Minimum Interior Side Yard 6 m c) Minimum Rear Yard 30 m d) Maximum Lot Coverage 1 % e) Maximum Building Height 6 m f) Maximum Dimensions of Workshop 8.4 m by 6.2 m In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 84 Consolidated December 2010 4.14.3.5 Environmental Protection Exception Five (EP-5) Zone (East Part of Lot 5, Concession 3) Notwithstanding the provisions of the Environmental Protection (EP) Zone, on lands zoned Environmental Protection Exception Five (EP-5) a building envelope is allowed. In all other respects, the provisions of this By-law shall apply. 4.14.3.6 Environmental Protection Exception Six (EP-6) Zone (Part of the East Half of Lot 2, Concession 10 - Waldemar) Notwithstanding the provisions of the Environmental Protection (EP) Zone, on lands zoned Environmental Protection Exception Six (EP-6) an accessory garage on a separate lot to the principal residence is permitted. In all other respects, the provisions of this By-law shall apply. 4.14.3.7 Environmental Protection Exception Seven (EP-7) Zone (Part of Lot 32, Concession 5) Notwithstanding the provisions of the Environmental Protection (EP) Zone, for lands zoned Environmental Protection Exception Seven (EP- 7), a single detached dwelling and permitted accessory structures are permitted. There shall be no setback requirements to a Provincially Significant Wetland on lands zoned EP-7. In all other respects, the provisions of this By-law shall apply. 4.14.3.8 Environmental Protection Exception Eight (EP-8) Zone (Part of Lot 11, Concession 1) Notwithstanding the provisions of the Environmental Protection (EP) Zone, and other provisions within this By-law, for lands zoned Environmental Protection Exception Eight (EP-8) no provisions will apply to prevent the erection of a 335 square metre building with a height of 7.5 metres for the purpose of storage and servicing of equipment related to a landscaping business conducted as a home occupation. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 85 Consolidated December 2010 4.14.3.9 Environmental Protection Exception Nine (EP-9) Zone (Part of the West Half of Lot 10, Concession 7) Notwithstanding the provisions of the Environmental Protection (EP) Zone, on lands zoned Environmental Protection Exception Nine (EP-9) a Minimum Exterior Side Yard of 21.34 metres shall be permitted and a Minimum Rear Yard of 9.75 metres shall be permitted for the 0.2 hectare lot. In all other respects, the provisions of this By-law shall apply. 4.14.3.10 Environmental Protection Exception Ten (EP-10) Zone (Part of Lot 4, Part Road Allowance, Parcel 4, Concession 9 and 10) Notwithstanding the provisions of the Environmental Protection (EP) Zone, on lands zoned Environmental Protection Ten (EP-10) the parking of a commercial motor vehicle in excess of one tonne capacity shall be permitted within an accessory building, and such accessory building shall have a maximum gross floor area of 89.1 square metres and a maximum height of 6.1 metres. In all other respects, the provisions of this By-law shall apply. 4.14.3.11 Environmental Protection Exception Eleven (EP-11) Zone (East Half Lot 10, Concession 3) Notwithstanding the provisions of the Environmental Protection (EP) Zone, on lands zoned Environmental Protection Eleven (EP-11) the construction of a new structure is permitted for the expansion of an existing home industry. In all other respects, the provisions of this By-law shall apply. Township of Amaranth Zoning By-law 2-2009 Page 86 Consolidated December 2010 4.15 DEVELOPMENT (D) ZONE No person shall within any Development (D) Zone, use any land or erect, alter or use any building or structure except in accordance with the following provisions: 4.15.1 Permitted Uses i) an existing single detached dwelling ii) an existing agricultural use iii) home occupation 4.15.2 Regulations for Permitted Uses Minimum Lot Area and Frontage requirements shall be deemed to be that which exist at the time of passing of By-law 2-2009 4.15.3 EXCEPTIONS 4.15.3.1 Development Exception One (D-1) Zone (Part Lots 1, 2 and 3, Concession 1) No person shall within a Development (D-1) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: Permitted Uses i) The planting, cultivation and harvesting of the following field crops: a) Soybeans b) Oats c) Alfalfa d) Barley e) Fall Rye f) Hay (Grass) g) Provided that the Township has consented in writing prior to the planting, any other field crops. ii) Monitoring wells and associated monitoring. Regulations for Permitted Uses Minimum Lot Area and Frontage requirements shall be deemed to be those as shown on Schedule "A" for the D-1 Zone. By-Law 39-2009 By-Law 44-2009 Township of Amaranth Zoning By-law 2-2009 Page 87 Consolidated December 2010 SECTION 5 DEFINITIONS 5.1 ABATTOIR Any building or premises provided for the slaughtering of animals intended for human consumption. 5.2 ABUTTING Having a common point or border with; having property or zoning boundary lines in common. 5.3 ACCESSORY A use, separate building or structure, which is usually incidental, subordinate, exclusively devoted to and located on the same lot as the principal use, building or structure. 5.4 ADJACENT Nearby; being separated only by street, railroad right-of-way or other like feature. Property touching at a common point or border shall be deemed to "abut". 5.5 ADULT ENTERTAINMENT ESTABLISHMENT Any premise or part thereof in or on which is provided, in pursuance of a trade, calling, business or occupation, or to which an admittance or other fee is required, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations, including a Body-Rub Business. 5.6 AGRICULTURAL BUILDING Any building or structure customarily used in connection with an agricultural use other than a residence. 5.7 AGRICULTURAL USE Any agricultural use or uses, structures or buildings accessory thereto, including field crops, animal husbandry, horticultural nurseries, manure storage facilities and any other use customarily carried on in the field of general agriculture, including the sale on the premises, of produce grown or raised on the premises except specialized agricultural uses as defined herein. "Agricultural Use" includes a single-detached dwelling and such principal or main buildings and structures as a barn or silo, as Township of Amaranth Zoning By-law 2-2009 Page 88 Consolidated December 2010 well as accessory buildings and structures which are incidental to the operation of the agricultural use. 5.8 AGRICULTURE, SPECIALIZED Specialized agriculture is the use of lands buildings and structures for the propagation of special crops or for the practice of intensive livestock rearing including poultry and fur bearing animals within a building or a feed lot, with the term "intensive" to be determined by the Ministry of Agriculture and Food and Rural Affairs. 5.9 AIRSTRIP An airstrip is the use of lands, buildings or structures for the purposes of air transportation services. 5.10 ALTERATION An addition, expansion, or change or modification of a building, sign or structure, or the accessory equipment thereof, that is not classified as ordinary repair. The moving of a building or structure from one location to another shall be deemed an alteration. 5.11 AMBULANCE STATION Any building or premises from which ambulances are managed and at which personnel are quartered and ambulances stored when not in use. 5.12 ANIMAL SHELTER Lands and buildings used for the keeping of animals, birds or other livestock and may include the premises of a veterinary surgeon. 5.13 ANTENNA Any device used to collect or radiate electromagnetic waves, including both directional antennas such as panel and parabolic and omnidirectional antennas, such as wire, whip and dipole. An "antenna" does not include any structure to which it is affixed. 5.14 ASPHALT PLANT Buildings, structures and facilities used for the manufacture of asphalt, macadam and other forms of coated roadstone, using a number of aggregates, sand and a filler product such as stone dust. Township of Amaranth Zoning By-law 2-2009 Page 89 Consolidated December 2010 5.15 ASPHALT PLANT, PORTABLE Machinery and equipment designed to be transported to various locations on a temporary basis for the production of asphalt, macadam and other forms of coated roadstone. 5.16 ASSEMBLY HALL A building, or part of a building, in which facilities are provided for such purposes as meetings for civic, educational, political, religious or social purposes and may include a bingo hall, a banquet hall, private club or fraternal organization. 5.17 ATTACHED A building otherwise complete in itself, which depends, for structural support or complete enclosure, upon a division wall or walls shared in common with adjacent building or buildings. 5.18 AUTOMATED BANKING MACHINE An unattended electronic machine in a public place, connected to a data system and related equipment and activated by a bank customer to obtain cash withdrawals and other banking services. 5.19 BAKERY An establishment or premises where a variety of baked goods are sold or offered for sale. 5.20 BANK OR FINANCIAL INSTITUTION A business establishment providing financial services to the public on the premises, other than exclusively through an Automated Banking Machine. 5.21 BANQUET HALL A building or part thereof, used for the gathering of groups of people for a specific function including the consumption of food and drink and shall include full kitchen facilities. 5.22 BASEMENT That portion of a building below the first floor and which is partly underground as defined in the Building Code. Township of Amaranth Zoning By-law 2-2009 Page 90 Consolidated December 2010 5.23 BED AND BREAKFAST A home occupation within a single detached dwelling wherein not more than three rooms are rented and meals are served to overnight guests for commercial purposes. 5.24 BIOSOLID DISPOSAL The spreading or placement of biological waste that has been partially treated in a sewage treatment facility or waste vegetable materials including food waste or by products of food production on lands in the Township. 5.25 BOARDING HOUSE A single detached dwelling in which the owner or lessee supplies habitable rooms for the accommodation of not more than three persons as their regular living accommodation, with or without meals, for monetary gain. 5.26 BOARDING STABLE Lands and buildings used for the boarding of horses for commercial purposes and may include the riding of horses but shall not include a commercial riding school or equestrian event facility. 5.27 BODY-RUB BUSINESS Any premises or part thereof where a Body-Rub, including kneading, manipulating, rubbing, massaging, touching or stimulated by an means of a person's body, are performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where Body-Rubs are performed for medical or therapeutic reasons by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. 5.28 BOTTLING FACILITY An industrial operation involving the bottling of beverages, including spring water, for local, regional or national distribution and which may involve routine truck traffic. Township of Amaranth Zoning By-law 2-2009 Page 91 Consolidated December 2010 5.29 BUILDING A structure consisting of walls, roof and floor or a structural system serving the same purpose as defined in the Building Code and including carports and cloth, plastic or vinyl materials supported by structural frames but does not include awnings. 5.30 BUILDING SUPPLY AND LUMBER OUTLET A building or structure in which building or construction and home improvement materials are offered or kept for sale at retail and may include the fabrication of certain materials related to home improvements. 5.31 BULK FUEL DEPOT Lands, buildings and structures for the storage and distribution of fuels and oils but not including retail sales except key lock operations. 5.32 BUSINESS, PROFESSIONAL OR ADMINISTRATIVE OFFICES 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 may include the administrative offices of a non-profit or charitable organization. 5.33 CAMP SITE A parcel of land within a camping establishment that is maintained as a site for the location and temporary occupation of a recreational vehicle, as defined in this By-law, but not a mobile home. 5.34 CAMPING ESTABLISHMENT Lands used for the parking and temporary use for at least five (5) campsites occupied by recreational vehicles and accessory uses and facilities such as administrative offices, sanitary facilities, recreational facilities and an accessory convenience store. 5.35 CATERING BUSINESS Preparation of food and related materials for a special event, occasion, or other temporary contract, which may be delivered to a location other than where prepared. Township of Amaranth Zoning By-law 2-2009 Page 92 Consolidated December 2010 5.36 CELLAR A portion of a building below the first storey floor which is partly or wholly underground and which has more than one-half of its height, from finished floor to finished ceiling or to the underside of the floor joints of the first floor, the average finished grade level adjacent to the exterior walls of the building and having a floor to ceiling height of less than 1.8 m. (6.0 ft.) or as otherwise defined in the Building Code. 5.37 CEMETERY Land that is set aside to be used for the interment of human remains and includes a mausoleum, columbarium or other structures intended for the interment of human remains but does not include crematoriums. 5.38 CHIEF BUILDING OFFICIAL The official employed by the Township appointed under the Building By- law or pursuant to the provisions of the Building Code Act, S.O., 1992 c.23, as amended, and shall include any Inspector likewise employed and appointed. 5.39 CIVIC BUILDING Government buildings and offices for the Corporation, the County of Dufferin, the Provincial and Federal Governments and any government agencies. 5.40 CIVIC CLUB A facility used by a group of people organized for a common purpose to pursue common goals, interest or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws, but does not include an Adult Entertainment Establishment. These clubs and organizations may engage in any activity that is consistent with their nonprofit status. 5.41 CLINIC An establishment used by one or more qualified health practitioners including physicians, dentists, chiropractors, physiotherapists and their staff for the purposes of consultation, diagnosis and office treatment. 5.42 COLLEGE, UNIVERSITY OR SEMINARY An institution of higher education, including teaching and research, and offering a course of general studies leading to advanced academic degrees; which may include related facilities such as, but not limited to, Township of Amaranth Zoning By-law 2-2009 Page 93 Consolidated December 2010 classroom buildings; libraries; laboratories (functioning within appropriate zoning category); dormitories; administration; physical plant; dining hall; campus centre; theatre; student gymnasium, stadium field house. 5.43 COMMUNITY CENTRE Any tract of land or building, or buildings or any part of any buildings used for community activities whether used for commercial purposes or not, the control of which is vested in the Municipality, a local board or agent thereof and may include an auditorium, swimming pool, arena, fitness centre and banquet hall. 5.44 COMMUNITY FACILITY Any facility, place or building which is maintained and operated to provide services for residents of the community, but does not include an Adult Entertainment Establishment. 5.45 CONCRETE BATCHING PLANT Buildings and structures wherein sand, gravel, cement, water and other materials are processed into concrete for construction purposes. 5.46 CONSERVATION Conservation is the wise use, protection and rehabilitation of natural resources according to principles that will assure their highest economic social and environmental benefits. 5.47 CONTRACTOR OR TRADESMAN Building or service industry contractor's, including but not limited to plumbing, heating, air conditioning, carpentry, electrical, masonry, and metal working. 5.48 CONTRACTOR OR TRADESMAN'S SHOP AND YARD A shop and yard of any general contractor or tradesman where equipment and materials are stored and where a contractor or tradesman performs shop or assembly work including cabinetmaking, floor work, duct work, framing and other similar light work on or off-site. This use does not include millwork, operation of heavy equipment, furnaces or heating pots, or the dipping of furniture and does not include any other yard or establishment otherwise defined or classified herein. Township of Amaranth Zoning By-law 2-2009 Page 94 Consolidated December 2010 5.49 CONVENIENCE STORE A retail commercial establishment, not exceeding 200 square metres of gross floor area, supplying groceries and other daily household necessities to the surrounding area, whether or not such store is open for business seven (7) days a week or not. 5.50 CORPORATION The Corporation of the Township of Amaranth. 5.51 COUNCIL The Council of the Corporation of the Township of Amaranth 5.52 CRISIS RESIDENCE Crisis residence shall mean a single housekeeping unit licensed or funded by the Province of Ontario for the short term (averaging 30 days or less) accommodation of three to nine persons, exclusive of staff, living under supervision and who, by reason of either emotional, mental, social or physical condition or legal status, require a group living arrangement for their well-being. 5.53 DAY NURSERY A day nursery operated for children within the meaning of the Day Nurseries Act, R.S.O. 1990, c.D.2, as amended from time to time. 5.54 DECK Deck shall mean a structure above the ground cantilevered from a dwelling unit or supported by the ground and open to the sky, located 0.3 metres or more above finished grade. 5.55 DRIVING RANGE An area of land, separate from a golf course, designed for hitting practice golf balls, also referred to as a practice range. 5.56 DWELLING A building or part of a building occupied or capable of being occupied, in whole or in part as the home, residence or sleeping place of one or more persons either continuously, permanently, temporarily or transiently but does not include hotel, motel or other use separately defined by this By- law. Township of Amaranth Zoning By-law 2-2009 Page 95 Consolidated December 2010 5.57 DWELLING, ACCESSORY A use, separate building, or structure, which is incidental, subordinate, exclusively devoted to and located on the same lot as the principal use, building or structure but not including a building or structure which is used as a dwelling unless specifically permitted. 5.58 DWELLING, APARTMENT An apartment dwelling is a separate building containing three or more dwelling units sharing a common corridor or stair well. 5.59 DWELLING, DUPLEX The whole of a two-storey building divided horizontally into two separate dwelling units, each of which has an independent entrance either directly or through a common vestibule. 5.60 DWELLING, SEMI-DETACHED The whole of a building divided vertically into two separate dwelling units. 5.61 DWELLING, SINGLE DETACHED A single detached dwelling is a detached building containing one dwelling unit only. 5.62 DWELLING, TOWNHOUSE A dwelling unit in a building divided vertically into no less than three and not more than eight dwelling units attached by common walls extended from the base of the foundation to the roof line, each dwelling unit having a separate entrance at grade. 5.63 DWELLING, TRIPLEX The whole of a building divided horizontally into three separate dwelling units, each of which has an independent entrance either directly or through a common vestibule. Township of Amaranth Zoning By-law 2-2009 Page 96 Consolidated December 2010 5.64 DWELLING UNIT A dwelling unit is a combination of rooms in which a kitchen, living quarters and sanitary conveniences are provided for the exclusive use of the residents and with a private entrance from outside the building or from a common hallway or stairway inside. 5.65 DWELLING UNIT, ACCESSORY A separate dwelling unit which is contained in a building that contains a permitted use with said accessory dwelling unit occupied by the owner. 5.66 EQUIPMENT SALES/RENTAL/SERVICE ESTABLISHMENT A building or part of a building or structure in which machinery and equipment are offered or kept for sale, rent, service, lease or hire under agreement for compensation, but shall not include any other establishment defined or classified in this By-law. 5.67 ERECT To build, construct, reconstruct, alter or relocate including any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, or structurally altering any existing building or structure by an addition, deletion, enlargement or extension. 5.68 ESTABLISHED BUILDING LINE The average distance from the road line to existing buildings measured not more than 100 metres on either side of the lot on the same side of the street where the frontage has been built upon, as of the date of passing of this By-law. 5.69 EXISTING Existing refers to any lot, building, structure or use legally existing as of the date of passing of this By-law. 5.70 FAIRGROUNDS Fairground is an an area where outdoor fairs, circuses, exhibitions and similar gatherings are held. Township of Amaranth Zoning By-law 2-2009 Page 97 Consolidated December 2010 5.71 FARM IMPLEMENT SALES OUTLET The use of land, buildings or structures for the commercial sale, storage or repair of equipment and machinery directly associated with the agricultural use operations and activities. 5.72 FARM PRODUCE SALES OUTLET A building not exceeding 20 sq m or structures and lands accessory to an agricultural use on the same lot where agricultural goods, produce and products grown or produced on lands used for agricultural purposes by the owner of the produce stand are made available for sale to the public. 5.73 FARM PRODUCE STORAGE FACILITY A permanent or temporary building used to store agricultural products such as livestock feed, grains and oilseeds, hay or silage, fruits, vegetables, milk and eggs and may include features to control temperature and humidity in order to maintain the quality of the farm produce. 5.74 FARMER'S MARKET Retail sale of fresh fruits and vegetables, and other food and related items, at a facility with spaces occupied by several different temporary tenants on a short term or daily basis; may be indoor or outdoor; this term does not include roadside stands. 5.75 FEED MILL An establishment for the storage, cleaning, grading and/or handling of feed, fertilizer, seed and farm produce and a sales office 5.76 FINISHED GRADE The average elevation of the finished surface of the ground at the natural ground level measured on any side of an existing building or structure. 5.77 FIRE STATION A municipal building set aside for storage of municipal firefighting apparatus (i.e, fire engines and related vehicles), personal protective equipment, firehose, fire extinguishers, and other firefighting equipment. It may also have dormitory living facilities and work areas such as meeting rooms and laundry facilities. Township of Amaranth Zoning By-law 2-2009 Page 98 Consolidated December 2010 5.78 FIRST STOREY The first storey is the storey with its floor closest to grade and having its ceiling more than 1.8 metres above grade or as defined in the Building Code. 5.79 FLOOR AREA, GROSS The total floor area, as hereinafter defined, exclusive of any portion of the building or structure below finished grade measured between the exterior faces of the exterior walls which is used for heating, the storage of goods or personal effects, laundry facilities, recreational areas, the storage or parking of motor vehicles, exclusive of any private garage, carport, basement, walkout basement, cellar, porch, verandah or sunroom unless such sunroom is habitable during all seasons of the year. 5.80 FLOOR AREA, GROUND The maximum ground floor area of a building measured by the outside walls, excluding, in the case of a single detached dwelling, any private garage, carport, porch, verandah or sunroom (unless such sunroom is habitable at all seasons of the year). 5.81 FOREST MANAGEMENT A system of practices for stewardship and use of forest land aimed at fulfilling relevant ecological (including biological diversity), economic and social functions of the forest in a sustainable manner. 5.82 FUNERAL HOME Building or premises 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 internment or cremation, but does not include a cemetery, columbarium, crematorium, or place of worship. 5.83 GARAGE, PRIVATE 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 and excludes a carport or other open shelter. Township of Amaranth Zoning By-law 2-2009 Page 99 Consolidated December 2010 5.84 GARDEN AND NURSERY SALES ESTABLISHMENT A garden and nursery sales establishment is a place where young trees and/or other plants are grown for transplanting or for sale and the sale of related accessory supplies may also be included. 5.85 GARDEN SUITE A detached temporary and portable dwelling unit occupied by an immediate family member of the occupant of the primary residential use, not to exceed 80 square metres in size and located on the same lot as the principal residential use. 5.86 GAS BAR Lands and buildings used for the purpose of providing fuel and automotive fluids for sale to the public but excluding automotive service or sales. 5.87 GATE HOUSE, ACCESSORY A small structure located in a required front or side yard or in the area between the street line and the required yard which shall not exceed 9.0 square metres in size, which, in the case of this By-law, can only be located on lands within an Industrial Zone. 5.88 GAZEBO A freestanding roofed accessory structure which is not enclosed, except for screening or glass and which is utilized for the purposes of relaxation in conjunction with a residential dwelling but shall not include any other use or activity otherwise defined or classified in this By-law. 5.89 GOLF COURSE Any property publicly or privately owned on which the game of golf is played, and includes a par 3 golf course, club house, recreational facilities, accessory driving ranges and miniature golf courses together with accessory uses and buildings customary thereto, including but not limited to a pro shop, maintenance buildings, snack bar and a parking lot. Township of Amaranth Zoning By-law 2-2009 Page 100 Consolidated December 2010 5.90 GOLF COURSE, MINIATURE An area of land wherein golf is played with a putter and golf ball on a miniature course featuring obstacles such as alleys, bridges and tunnels and usually includes a small building or structure for administrative purposes. 5.91 GREENHOUSE A building for the growing of flowers, plants, shrubs, trees and similar vegetation which may be transplanted or grown outdoors on the same lot containing such greenhouse, and may be sold directly from such lot at wholesale or retail but shall not include selling any accessory items. 5.92 GROUP HOME A single housekeeping unit supervised by staff on a daily basis which provides special care and treatment to persons for physical or mental deficiency, physical handicap or other such cause. A Group Home shall be funded, licensed, approved, or supervised by the Province of Ontario under a general or specific Act, for the accommodation of not less than three and not more than six residents, exclusive of staff. A Group Home may contain an office provided that the office is used only for the administration of the Group Home in which it is located. 5.93 HEIGHT OF BUILDINGS When used with reference to a building, the vertical distance, measured between the average elevation of the finished surface of the ground at the front of the building, and, in the case of: i) a flat roof - the highest point of the roof surface or the parapet whichever is the greater; ii) a mansard roof - the deck roof line; and iii) a gable, hip or gambrel roof - the mean height between the eaves and ridge. 5.94 HIGH WATER MARK The mark made by the action of water under natural conditions on the shore or bank of a body of water, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark. Township of Amaranth Zoning By-law 2-2009 Page 101 Consolidated December 2010 5.95 HISTORIC RESOURCES, AREA OF An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation or preservation. 5.96 HOME INDUSTRY Any occupation conducted entirely within a building or part of a building accessory to a single detached dwelling that includes processing, assembly, manufacturing or a workshop within an area not to exceed 140 square metres in gross floor area and shall not include outdoor storage. 5.97 HOME OCCUPATION An occupation or profession related to the provision of services, carried on primarily by the occupant of a dwelling within his/her dwelling as an accessory use in connection with which there is no display, no stock in trade nor commodity sold upon the premises, which is not produced on the premises, and no outdoor storage. 5.98 HOSPITAL An establishment primarily engaged in providing diagnostic services, extensive medical treatment including surgical services, and other services, as well as continuous nursing services. The establishment has an organized medical staff on duty twenty-four (24) hours a day, inpatient beds, and equipment and facilities to provide complete health care; may also provide emergency room care. 5.99 HOTEL An establishment used mainly for the purposes of catering to the needs of the traveling public by supplying food and drink and furnishing sleeping accommodation of not less than ten guestrooms and said building or part thereof may include meeting rooms, banquet halls, public dining rooms and any premises licenced under the Liquor Licence Act, as amended from time to time, but shall not include motels, boarding or rooming houses and apartment houses. Township of Amaranth Zoning By-law 2-2009 Page 102 Consolidated December 2010 5.100 IMPROVED PUBLIC ROAD A road or highway under the jurisdiction of the Province of Ontario, County of Dufferin or the Township or a private road within a registered Plan of Condominium which is maintained so as to allow normal vehicular access to adjacent properties and which, in the case of a municipal road is a road which has been constructed to municipal standards. 5.101 JUNK Any scrap, including, but not limited to, dismantled, inoperable, or dilapidated motor vehicles; parts; machinery; household furniture and appliances; construction equipment and materials; tanks and drums; tires; pipes; wire; wood; paper; metals; rags; glass; and any other kind of salvage or waste material. 5.102 KENNEL An establishment for the keeping, breeding and raising of dogs for profit or gain, but shall not apply to the keeping of animals in a veterinary establishment for the purpose of observation and or recovery necessary to veterinary treatment. 5.103 LANDSCAPED OPEN SPACE The open space from ground to sky at grade on a lot accessible by walking and which is suitable for the growth and maintenance of grass, flowers, trees, bushes, natural vegetation 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 or any open space beneath or within any building or structure. 5.104 LIBRARY A building containing a collection of literary documents or records kept for reference or borrowing. 5.105 LIQUID NUTRIENT STORAGE FACILITY A permanent nutrient storage facility that is designed and constructed to contain liquid prescribed material as per the Nutrient Management Act, 2002 as well as any associated guidelines and regulations, as amended from time to time. Township of Amaranth Zoning By-law 2-2009 Page 103 Consolidated December 2010 5.106 LOADING SPACE 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, and which abuts upon a street, lane or other appropriate means of access. 5.107 LOT A parcel or tract of land described in a deed or other legal document which is legally capable of conveying title and: a) Which is a whole lot within a Registered Plan of Subdivision, or lot within a Registered Plan of Condominium other than a Registered Plan of Subdivision which has been deemed not to be a Registered Plan of Subdivision under a By-law passed pursuant to Section 50(4) of the Planning Act as amended; or b) Which is a legally separated parcel of land in existence on the date of passing of this By-law without the owner holding the fee or the equity or redemption in, or power or right to grant, assign or exercise a power of appointment with respect to any abutting land; or c) The description of which is the same as in a deed which has received final consent to a conveyance pursuant to Section 53 of the Planning Act, as amended; or d) Which is the whole remnant remaining to an owner or owners after a conveyance is made with final consent pursuant to Section 53 of the Planning Act, as amended, but for the purpose of this paragraph no parcel or tract of land ceases to be a lot by reason only of the fact that a part or parts of it has or have been conveyed to or acquired by the Township of Amaranth, Her Majesty in the Right of Ontario or Her Majesty in the Right of Canada. 5.108 LOT AREA The total horizontal area within the lot lines of a lot. 5.109 LOT, CORNER A lot situated at the intersection of two or more streets, or at the intersection of a street and a railway right-of-way, or a lot abutting on one or more parts of the same street, in which an interior angle of less than one hundred and thirty-five (135) degrees is contained, between the front and side lot lines abutting by the said street or streets. Township of Amaranth Zoning By-law 2-2009 Page 104 Consolidated December 2010 5.110 LOT COVERAGE The percentage of the lot area covered by buildings or structures including accessory buildings but excluding balconies, canopies, and other similar appurtenant structures when situated two and one half (2.5) metres above finished grade. 5.111 LOT FRONTAGE The continuous horizontal distance of the front lot line between the side lot lines measures at right angles. Where the front lot line is not in a straight line, or where the side lot lines are not parallel, the lot frontage shall be the horizontal distance of a line that is 7.5 metres back from and parallel to a continuous straight line, joining the two points where the side lot lines intersect with the front lot line. 5.112 LOT, INTERIOR An interior lot is a lot other than a corner lot. 5.113 LOT LINE Lot line is any boundary of a lot. For the purpose of this By-law, any combination of lines that meet at an interior angle of not greater than 135 degrees shall be deemed to be one line. 5.114 LOT LINE, EXTERIOR The side lot line which abuts the road on a corner lot. 5.115 LOT LINE, FRONT a) Where a lot abuts an improved public road the lot line abutting the road shall be deemed the front lot line. b) In the case of a corner lot or through lot, the shorter lot line that abuts a road shall be deemed to be the front lot line and the longer lot line that abuts a road shall be deemed an exterior side lot line, but, c) In the case of a corner lot or through lot with two lot lines of equal length abutting roads, the lot line that abuts the wider road shall be deemed to be the front lot line, but where the roads are of equal width, the lot line which abuts a Provincial Highway shall be deemed to be the front lot line, and in the case of both roads Township of Amaranth Zoning By-law 2-2009 Page 105 Consolidated December 2010 being under the same jurisdiction and of the same width, the owner of the lot may designate which road line shall be the front lot line. In the case where a lot abuts a cul-de-sac, all of the frontage on the cul-de-sac shall be deemed to be the front lot line. 5.116 LOT LINE, REAR The lot line farthest from or opposite to the front lot line. 5.117 LOT LINE, SIDE A side lot line is a lot line other than a front or rear lot line. 5.118 LOT, THROUGH A lot bounded on opposite sides by roads. 5.119 LUMBER Timber sawed into boards, planks, or other structural members of standard or specified lengths. 5.120 LUMBER YARD An establishment that sells lumber and other building materials from a space outdoors referred to as a "yard" but not "yard" as defined herein. 5.121 MANUFACTURING The assembly or repair or fabrication of goods and materials utilizing materials which have been manufactured in another location and which does not produce waste water in excess of 4500 litres per day, chemical by-products or utilize and area for outdoor storage of goods or materials except for equipment or vehicles which are for sale, lease or hire. 5.122 MECHANICS GARAGE A building which is used for the servicing and minor repairing or equipping essential to the actual operation of motor vehicles, but shall not be used for painting, body work, storage or sale of motor vehicles. Township of Amaranth Zoning By-law 2-2009 Page 106 Consolidated December 2010 5.123 MINIMUM DISTANCE SEPARATION A setback or buffer established between a livestock facility (source) and adjacent land uses (receptors), to minimize odour as calculated using the Minimum Distance Separation (MDS) formulae established by the Ontario Ministry of Agriculture, Food and Rural Affairs, and as amended from time to time. 5.124 MOBILE HOME A prefabricated dwelling completely enclosed from the surface of the finished grade to the roof with a minimum ground floor area of 65 square metres designed for year round living for one or more persons and towable on its own chassis for use with or without a permanent foundation and fully serviced with running water, electricity and sanitary sewage facilities but does not include a Recreational Vehicle as defined in this By-law. 5.125 MOTEL A structure containing a series of living or sleeping units with individual interior sanitary conveniences, all required parking is at grade and direct access is available from the parking area to the individual units. 5.126 MOTOR VEHICLE An automobile, truck, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self- propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended from time to time. 5.127 MOTOR VEHICLE, COMMERCIAL Any commercial motor vehicle within the meaning of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended from time to time. 5.128 MOTOR VEHICLE BODY SHOP 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 towing service and motor vehicle rentals for customers while the motor vehicle is under repair, but shall not include any other establishment otherwise defined or classified in this By-law. Township of Amaranth Zoning By-law 2-2009 Page 107 Consolidated December 2010 5.129 MOTOR VEHICLE DEALERSHIP A building or structure where a franchised dealer displays motor vehicles for sale or rent and in conjunction with which there may be used motor vehicle sales or rentals, a motor vehicle repair garage, a motor vehicle service station, a motor vehicle gasoline bar or a motor vehicle body shop, but shall not include any other establishment otherwise defined or classified in this By-law. 5.130 MOTOR VEHICLE REPAIR GARAGE A building or structure where the exclusive service performed or executed on motor vehicles for compensation shall include the installation of exhaust system, repair of the electrical system, transmission repair, brake repair, radiator repair, tire repair and installation, rust proofing, motor vehicle diagnostic centre, major and minor mechanical repairs or similar use 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, but shall not include any other establishment otherwise defined or classified in this By-law. 5.131 MOTOR VEHICLE SERVICE STATION A building or structure where gasoline, propane, natural gas, oil, grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs, batteries and automotive accessories for motor vehicles and new retail goods 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, and where mechanical or running repairs essential to the actual operation of motor vehicles are executed or performed. Such shall require public washrooms. 5.132 MOTOR VEHICLE WASHING ESTABLISHMENT A building and lot used for the washing or cleaning of motor vehicles by washing equipment and may include the sale of vehicles fuels, but shall not include any other defined motor vehicle use. 5.133 MUNICIPAL, COUNTY OR PROVINCIAL MAINTENANCE AND/OR PUBLIC WORKS YARD Any land, building and/or structure owned by the Corporation of the Township of Amaranth, County of Dufferin, Public Utility or the Province of Ontario and used for the storage, maintenance and/or repair of material, equipment, machinery and/or motor vehicle used in connection with civic works. Township of Amaranth Zoning By-law 2-2009 Page 108 Consolidated December 2010 5.134 NON-COMPLYING A lot, building or structure that does not fulfill the requirements of the zone provisions for the zone in which the lot, building, structure is located. 5.135 NON-CONFORMING A use, building or a structure which does not comply with the provisions of this By-law for the zones in which such land, building or structures is located, as of the date of the passing of this By-law. 5.136 NURSING HOME A building and premises maintained and operated for persons requiring nursing care, and which is licensed under the Nursing Homes Act, as amended. 5.137 NUTRIENT MANAGEMENT PLAN A plan prepared for the disposal of manure and other waste products of an agricultural use that has been approved by the appropriate authority having jurisdiction. 5.138 NUTRIENT STORAGE FACILITY A permanent nutrient storage facility that is designed for storing prescribed material, as per the Nutrient Management Act, 2002, including a storage facility made of earth that is a permanent structure or part of a permanent structure, but does not include: a permanent solid nutrient storage facility that has less than 14 days of storage capacity; a permanent liquid nutrient storage facility that has less than 14 days of storage capacity and a maximum depth of liquid nutrients that is less than 100 millimetres; or nutrient application or irrigations systems used to deliver liquid fertilizers to crops. 5.139 NUTRIENT UNIT (NU) An amount of nutrients that give a fertilizer replacement value of the lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient (as defined in Ontario Regulation 267/03 made under the Nutrient Management Act, 2002, as amended). Township of Amaranth Zoning By-law 2-2009 Page 109 Consolidated December 2010 5.140 OUTDOOR RECREATION AREA Lands and buildings used for the purposes of downhill skiing, cross country skiing, bicycling, hiking, and other sports activities that rely on the natural landscape but shall not include the racing of animals, motor vehicles, motor cycles or snowmobiles. 5.141 OUTDOOR STORAGE The storage of goods, inventory, materials, machinery or vehicles including oversized motor vehicles not actively engaged in loading and unloading of goods and materials and excluding junk, which shall be in conjunction with a business located within a building or structure on the same lot where the same is permitted by the applicable zone provisions. 5.142 PARK, PRIVATE RECREATIONAL An open space or recreational area, other than a public park, operated on a commercial and/or private member basis, and which includes one or more of the following facilities or activities: a) Areas for walking, riding and cross-country skiing, but does not include the racing of animals, or riding motorized vehicles. b) Recreational or playground areas such as picnic areas, tennis courts, lawn bowling greens, outdoor skating rinks, athletic fields; c) An accessory club house or storage building of a maximum of 75 sq. m.; and, d) Parking areas accessory to the foregoing. 5.143 PARK, PUBLIC Any open space or recreational area, owned or controlled by the Corporation or by any Board, Commission or other Authority established under any statute of the Province of Ontario and may include therein neighbourhood, community, regional and special parks or areas and may include one or more athletic fields, field houses, community centres, bleachers, swimming pools, greenhouses, botanical gardens, zoological gardens, bandstands, skating rinks, tennis courts, bowling greens, bathing stations, curling rinks, refreshment rooms, fair grounds, arenas, or similar uses. Township of Amaranth Zoning By-law 2-2009 Page 110 Consolidated December 2010 5.144 PARKING AREA An area or areas of land or a building or part thereof which is provided and maintained upon the same lot or lots upon which the principal use is located for the purpose of short-term parking of motor vehicles. 5.145 PARKING LOT A parking area forming the principal use of a lot. 5.146 PARKING SPACE An area having a minimum width of 2.75 metres and a minimum area of 16.5 square metres, exclusive of any aisles, ingress or egress lanes, for the parking or storage of motor vehicles. 5.147 PATIO A platform or surfaced area without a roof, the surface of which is not more than 0.3 metres above finished grade, which is designed and intended for use as an accessory to a dwelling or a commercial use. 5.148 PEAT A soft brown soil composed of incompletely decomposed plant material that forms in a water-saturated environment 5.149 PERSON Any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executor or other legal representatives of a person to whom the context can apply according to law. 5.150 PIT Any lands where unconsolidated gravel, stone, sand, earth, clay, fill, peat or other earthen material is being or has been removed by means of an excavation to supply materials for construction, industrial or manufacturing purposes, but does not include a wayside pit. 5.151 PLACE OF AMUSEMENT Any premises or a separate part of premises, wherein for profit or gain, two or more amusement machines are provided for use by the public. Township of Amaranth Zoning By-law 2-2009 Page 111 Consolidated December 2010 5.152 PLACE OF WORSHIP Churches, chapels, temples, parish halls and synagogues including offices for the administration of the religious institution, convents, seminaries, monasteries, rectories, parsonages and parish houses recognized in the Province of Ontario. 5.153 PLANTING STRIP An open space free of buildings or structures which is used for no other purpose than planting a continuous, unpierced hedgerow of trees, evergreens or shrubs, or other natural vegetation having a minimum height of 1.5 metres. 5.154 PORTABLE PROCESSING PLANT Any equipment for the crushing, screening or washing of sand and gravel aggregate materials, but not including a Concrete Batching Plant or a Portable 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. 5.155 POST OFFICE A building or facility wherein the public can purchase postage stamps for mailing correspondence or merchandise, and also drop off or pick up packages or other special-delivery items. The building/facility provides storage and mail handling services in a centralized location for the collection and distribution mail. 5.156 PRINCIPAL OR MAIN BUILDING A principal or main building is a building or structure in which the principal use of the lot on which the building or structure is located is conducted, and principal or main building shall include a barn or silo used in conjunction with an agricultural use. 5.157 PRINCIPAL USE Principal use is the primary activity, building or structure for which a lot is used, as permitted by this By-law. 5.158 PRINT SHOP A retail store/establishment that provides duplicating services using photocopying, blueprint, and offset printing equipment, and may include the collating and binding of booklets and reports. "Print Shop" has as its main function the processing, producing and assembling of printed Township of Amaranth Zoning By-law 2-2009 Page 112 Consolidated December 2010 works and may include the sale of these works and related items, but does not include the manufacturing of materials require for the process itself. 5.159 PRIVATE CLUB A private club is a non-profit, non-commercial organization, which carries on social, cultural, athletic and/or recreational activities. 5.160 PRIVATE ROAD A private road is a private right-of-way over private or public property which affords access to abutting lots and is not maintained by a public body. 5.161 PROVINCIAL HIGHWAY A public improved road under the jurisdiction of the Ministry of Transportation. 5.162 PUBLIC AUTHORITY Any Federal, Provincial, or municipal government or agency, including any commission, board, authority or department established by such government or agency or any Public Utility. 5.163 PUBLIC OPEN SPACE Public open space is lands within the Township which are set aside and appropriately designated for public access and use and which fulfils or is capable of fulfilling a recreational and/or non-recreational role. 5.164 PUBLIC RECREATION CENTRE A public recreation centre is a public establishment that provides the space and equipment for recreational activities such as sports, games and hobbies. 5.165 PUBLIC USE Any use for exclusively public purposes without reference to the ownership of the building, structure or land upon which such use is carried out, by any Public Authority, under the direct authority of any Public Authority and implemented under the direct authority of such Public Authority. For the purposes of this By-law, a public use shall not include any use for residential purposes. Township of Amaranth Zoning By-law 2-2009 Page 113 Consolidated December 2010 5.166 PUBLIC UTILITY Any provider of utilities directly supplying and distributing utilities to the residents of the Township, including Hydro One, Bell Canada, Rogers Cable and Enbridge. 5.167 QUARRY Any lands where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit metal mine. 5.168 RECREATION, PASSIVE Activities enjoyed in the outdoors including walking, hiking, bird watching and resting in a specific public natural environment. 5.169 RECREATIONAL ESTABLISHMENT Premises where entertainment is offered for gain or profit such as a motion picture or other theatre, public hall, billiard or pool rooms, an establishment offering three or more electronic games for public use, bowling alley, ice or roller skating rink, miniature golf course and all other similar places of amusement, but excluding an Adult Entertainment Establishment and Body-Rub Business. 5.170 RECREATIONAL VEHICLE SALES AND SERVICE OPERATION An establishment which sells and services vehicles primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that are mounted on or towed by another vehicle. 5.171 RECYCLING FACILITY A facility, other than a salvage yard, in which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal cans; and other products, are located, reprocessed, and treated to return such products to a condition in which they may again be used for production. All activities except loading or unloading shall be conducted inside a building. Township of Amaranth Zoning By-law 2-2009 Page 114 Consolidated December 2010 5.172 RECYCLABLE MATERIALS SEPARATION FACILITY A facility for the collection, separation, compaction, sorting, temporary storage and transfer for reprocessing of residentially and commercially generated recyclable materials, including but not limited to glass, paper, plastic and polystyrene. Separation may include both hand and mechanized sorting with all activities other than unloading and loading to occur inside an enclosed building. 5.173 RECYCLABLE MATERIAL Recyclable material is waste material that is separated into specific categories for purposes of re-use, recycling or composting. 5.174 RESOURCE MANAGEMENT Resource management means the preservation, protection and improvement of the natural environment through comprehensive management and maintenance, under professional direction for both the individual and society's use, both in the present and the future. Resource Management Uses also means the management, development and cultivation of timber resources to ensure the continuous production of wood or wood products, the provision of proper environmental conditions for wildlife, the protection against floods and erosion, the protection of water supplies and the preservation of the recreational resource. 5.175 RESTAURANT A retail food service establishment with table service (order placement and delivery) provided to patrons; also including cafeterias with table attendants; carry-out trade, if any, shall be a limited portion of the facility; traditional sit-down dinner establishments with waiter/waitress service. 5.176 RETAIL STORE Any establishment where the primary activity is the sale of goods, wares, merchandise, substances or articles in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser, and includes limited storage of goods, wares, merchandise, substances or articles within the establishment. This term shall also include rental establishments but does not include any retail outlet otherwise classified or defined in this By-law. Township of Amaranth Zoning By-law 2-2009 Page 115 Consolidated December 2010 5.177 RETAIL USE, LARGE Any large single occupant building or unit used for retail purposes exceeding 80,000 square feet of gross floor area either located in a freestanding building or in a building group connected by party walls, partitions, canopies and similar features and may be included or be part of a shopping centre, possibly sharing parking areas and vehicular travel ways with other buildings or uses and which may be connected by walkways and access ways to other buildings or uses. 5.178 RIDING SCHOOL OR BOARDING STABLE Riding school or boarding stable is an area of land and buildings which are used as an educational or recreational centre for horse training, handling, care, or for the lodging of horses. 5.179 SALVAGE OR WRECKING YARD A lot or parcel outside of an enclosed building used for the storage and/or handling and/or disassembly and/or sale of scrap or derelict materials, which without limiting the generality of the foregoing, shall include waste paper, rags, bones, scrap wood or metal, derelict vehicles, old tire, discarded construction materials and/or other scrap material or salvage. 5.180 SAWMILL A building, structure or areas where timber is cut or sawed to finished lumber but does not include a Building Supply and Lumber Outlet. 5.181 SCHOOL School is a public school, a separate school, a university, a community college or a private school authorized by the Province of Ontario. 5.182 SERVICE SHOP A building or part of a building not otherwise defined or classified in this By-law, for the servicing or repairing of articles, goods or materials, as well as facilities for accessory retail sales. Township of Amaranth Zoning By-law 2-2009 Page 116 Consolidated December 2010 5.183 SERVICES SHOP, PERSONAL A building or part of a building in which persons are employed in furnishing services and otherwise administering to individual and personal needs of patrons such as barber shops, beauty parlours, dry cleaning outlets, hair dressing shops, photograph studios and shoe repair shops. 5.184 SETBACK The horizontal distance from the centre line of the road right-of-way measured at right angles to such centre line, to the nearest part of any building or structure on the lot. 5.185 SEWAGE The waste water and matter from any use. 5.186 SEWAGE SERVICES OR FACILITY Any works by a public authority for the collection, transmission, storage, treatment and disposal of sewage. 5.187 SHOPPING MALL A facility with five (5) or more retail stores, which are structurally designed in an integrated fashion around or along both sides of a promenade, walkway, concourse, or courtyard; primary individual retail store entrances front onto this promenade; may include offices; includes satellite or unattached structures that are served by mall site road network. 5.188 SIGHT TRIANGLE Sight triangle is the triangular space formed by intersecting street lines on a corner lot and drawn from the point of one street line to the other street line at a specified distance from the intersection of the street lines. 5.189 SIGN "Sign" means a message board or advertising device bearing a message or advertisement consisting of letters, numbers, symbols or characters, the various materials upon which they are displayed, any internal and external mechanical or electrical parts, and any stiffening bars or ornamental mouldings but shall not include any supports or trusses upon which the Sign is supported, unless such Sign is a freestanding Sign, in which circumstances, the associated structure is deemed to be part of Township of Amaranth Zoning By-law 2-2009 Page 117 Consolidated December 2010 the Sign. Sign shall include a message painted on the wall or roof of a building. Sign shall be further defined by the Township By-law regulating signs. 5.190 STORAGE FACILITY, PUBLIC Lands and buildings used, rented or leased to persons for the storage of household and personal items, including recreational vehicles and automobiles, within separate units forming part of a wholly enclosed building. 5.191 STOREY A storey is that part of a building between the surface of one floor and the ceiling above. However, a cellar does not count as a storey. 5.192 STREET LINE The limit of the street or road allowance and is the dividing line between a lot and street or road. 5.193 STRUCTURE Anything man-made that is fastened to or into the earth or another structure or rests on the earth by its own mass. 5.194 TAVERN A tavern or public house as defined by the Liquor License Act, but does not include a hotel or restaurant. 5.195 TENT Any kind of temporary shelter for sleeping that is not permanently affixed to the site and that is capable of being easily moved and is not considered a structure. 5.196 TOP OF BANK The point projected by the stable slope of a bank associated with an existing or abandoned watercourse, being the beginning of a significant change in the land surface, thence from which the land surface slopes downward towards an abandoned or existing watercourse. Where two or more slopes are located together, the slope that is highest and furthest away from the watercourse shall be the slope considered the top of bank. Township of Amaranth Zoning By-law 2-2009 Page 118 Consolidated December 2010 5.197 TOWNSHIP The Corporation of the Township of Amaranth. 5.198 TRAILER A vehicle that is at any time drawn upon a highway by a motor vehicle, 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. 5.199 TRAILER, TRAVEL OR TENT Any trailer which is designed to be temporarily utilized for living, shelter and sleeping accommodation, with or without cooking facilities and which has running gear and towing equipment permanently attached and is not permanently affixed to the ground. 5.200 TRANSPORTATION DEPOT Transportation depot is any building or land where operative buses, trucks or tractor-trailers are rented, leased, kept for hire, stored or parked for commercial purposes. 5.201 USE a) Any purpose for which a building or other structure or a parcel of land may be designed, arranged, intended, maintained, or occupied; or, b) Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a parcel of land. 5.202 VEHICLE A motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include the cars of electric or steam railways running only upon rails. 5.203 VEHICLE, RECREATIONAL A vehicle designed to provide temporary living accommodation for recreational, camping, travel or seasonal use, and includes motorized recreational vehicles, such as motor homes and camper vans, as well as Township of Amaranth Zoning By-law 2-2009 Page 119 Consolidated December 2010 towable recreational vehicles such as travel trailers, folding camping (tent) trailers, fifth-wheel trailers and truck campers. 5.204 VETERINARY CLINIC Veterinary clinic is a facility for the prevention, cure or alleviation of disease and injury in animal, including surgery, and wherein animals are treated and released or kept overnight. 5.205 WAREHOUSE A building or part of a building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include self storage facilities and facilities for a wholesale or retail commercial outlet, provided that they do not exceed 10 per cent of the gross floor area, but shall not include a truck or transport terminal or yard. 5.206 WASTE MANAGEMENT FACILITY Any land upon, into or through which garbage, refuse, domestic or industrial waste, exclusive of liquid industrial waste is disposed of, deposited, processed or managed under controlled conditions and any machinery or equipment or operation for the treatment, disposal or covering of waste, but excluding the treatment or disposal of liquid industrial waste or hazardous waste. All waste must be managed in accordance with the appropriate federal and provincial legislation. 5.207 WASTE MANAGEMENT TRANSFER FACILITY Any facilities or equipment used in, and any operations carried out for the transfer of waste including the collection, handling, transportation, storage or processing of waste but are not a permanent waste management facility. 5.208 WATERCOURSE The natural or man-made bed and shore of a river, lake, stream, creek or municipal drain where the primary focus is the conveyance or containment of water whether the flow is continuous or not. 5.209 WATER TAKING PERMIT OR PERMIT TO TAKE WATER (PTTW) Water takings in Ontario are governed by the Ontario Water Resources Act and the Water Taking and Transfer Regulation, as amended from time to time. The Ontario Water Resources Act states that the taking of more than a total of 50,000 litres of water per day, with some exceptions, requires a Permit to Take Water (PTTW) issued by the Ministry of the Environment. Township of Amaranth Zoning By-law 2-2009 Page 120 Consolidated December 2010 5.210 WAYSIDE PIT OR QUARRY A temporary pit or quarry opened and used by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. 5.211 WETLANDS Wetlands are areas that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Wetlands can be defined as locally or provincially significant. 5.212 WHOLESALE ESTABLISHMENT A facility for the sale and distribution of goods or material for re-sale purposes only. For the purpose of this section, sales and re-sales shall be conducted on the same property as this facility. 5.213 WHOLESALE USE Wholesale use is any establishment which sells merchandise to others for re-sale and/or to industrial or commercial users. 5.214 WILDLIFE MANAGEMENT OPERATION A wildlife management operation is located in a building wherein scientific and technical principles are applied to wildlife populations and habitats to maintain such populations (particularly mammals, birds and fish) essentially for recreational and/or scientific purposes. 5.215 WIND FARM A commercial operation, involving one or more wind turbines generating electricity for sale to the electrical grid, together with any ancillary facilities thereto, including but not limited to electrical lines, access roads, transformers and interconnection facilities. Township of Amaranth Zoning By-law 2-2009 Page 121 Consolidated December 2010 5.216 WIND TURBINE A rotating machine which converts the kinetic energy in wind into electricity and includes internal and/or external low voltage transformers and related appurtenances that convert wind energy to electricity. 5.217 WORKSHOP A building or structure where 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 plumbing and electrical contractor's or a heating /air conditioning contractor's shop, a commercial welder's shop, or similar uses. 5.218 YARD A space adjoining a building or structure, excavation, or the nearest open storage use located on the same lot as the building, structure, excavation or nearest open storage use and 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. 5.219 YARD, EXTERIOR SIDE A side yard immediately adjacent to an exterior lot line. 5.220 YARD, FRONT A yard extending across the full width of the lot between the front lot line and the nearest wall of any building or structure on the lot for which the yard is required, or the nearest open storage use on the lot, or the edge or rim of an excavation. 5.221 YARD, INTERIOR SIDE An interior side yard is a side yard other than an exterior side yard. 5.222 YARD, REAR A yard extending across the full width of the lot between the rear lot line and the nearest wall of any building, or the nearest open storage use on the lot, or the edge or rim of an excavation on the lot for which the yard is required. 5.223 YARD, REQUIRED The minimum yard required by the provisions of the By-law. Township of Amaranth Zoning By-law 2-2009 Page 122 Consolidated December 2010 5.224 YARD, SIDE A yard extending from the front yard to the rear yard between the side lot line and the nearest wall of any building on the lot for which the yard is required. 5.225 ZONE Zone is the category of use or activity of land, buildings, structures or activities permitted by this By-law. 5.226 ZONE PROVISIONS The permissible uses, the minimum area and dimensions of lots, the minimum dimensions of yards, the maximum lot coverage, the minimum setback, gross floor area, the minimum landscaped open space, the maximum height of buildings, minimum parking requirements, and all other Zone provisions are set out within the By-law for the respective Zones. Township of Amaranth Zoning By-law 2-2009 Page 123 Consolidated December 2010 SECTION 6 ENACTMENT 6.1 FORCE AND EFFECT This By-law shall come into force and effect on the date it is passed by the Council of the Corporation of the Township of Amaranth subject to the applicable provisions of the Planning Act, as amended. 6.2 READINGS BY COUNCIL BY-LAW READ A FIRST TIME THIS 7th DAY OF JANUARY 2009. BY-LAW READ A SECOND TIME THIS 7th DAY OF JANUARY 2009 BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF MARCH 2009. MAYOR: DON MACIVER ___ CLERK: SUSAN M. STONE 6.3 CERTIFICATION I hereby certify that the foregoing is a true copy of Zoning By-law No. ________ as enacted by the Council of the Corporation of the Township of Amaranth, on the _____ day of ______________, 2009. CLERK: ____________________