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THE CORPORATION OF THE TOWN OF AMHERSTBURG
ZONING BY-LAW
NO. 1999-52
OFFICE CONSOLIDATION
This
publication
represents
an
Office
Consolidation only of By-law No. 1999-52, as
amended up to and including October 25, 2022;
and is prepared for purposes of convenience
only and is not to be construed as an enactment
of the Town Council. The parent By-law and all
of its amendments are available in the Town
Clerk's Office, 271 Sandwich Street South,
Amherstburg, Ontario N9V 2A5.
MAY, 2023
INCLUDED IN THIS CONSOLIDATION
By-law
Date of Passing
(i)
By-law No. 1999-57
December 13, 1999
By-law No. 2000-12
March 13, 2000
By-law No. 2000-16
May 8, 2000
By-law No. 2000-22
May 23, 2000
By-law No. 2000-35
July 24, 2000
By-law No. 2000-44
September 25, 2000
By-law No. 2000-45
September 25, 2000
By-law No. 2000-60
December 18, 2000
By-law No. 2001-03
January 22, 2001
By-law No. 2001-10
February 26, 2001
By-law No. 2001-20
April 23, 2001
By-law No. 2001-26
June 11, 2001
By-law No. 2001-39
August 27, 2001
By-law No. 2001-45
October 9, 2001
By-law No. 2001-58
December 10, 2001
By-law No. 2002-14
March 11, 2002
By-law No. 2002-28
September 9, 2002
By-law No. 2002-45
September 23, 2002
By-law No. 2002-46
September 23, 2002
By-law No. 2002-48
October 15, 2002
By-law No. 2002-51
October 15, 2002
By-law No. 2003-06
February 10, 2003
By-law No. 2003-07
February 10, 2003
By-law No. 2003-08
February 10, 2003
By-law No. 2003-27
April 14, 2003
By-law No. 2003-28
June 21, 2004 OMB Decision
Order No. 1096
By-law No. 2003-34
May 12, 2003
By-law No. 2003-35
May 12, 2003
By-law No. 2003-51
July 14, 2003
By-law No. 2003-52
July 14, 2003
By-law No. 2003-53
July 14, 2003
By-law No. 2003-66
September 8, 2003
By-law No. 2003-71
September 8, 2003
By-law No. 2003-90
October 27, 2003
By-law No. 2004-19
March 8, 2004
By-law No. 2004-32
April 26, 2004
INCLUDED IN THIS CONSOLIDATION CONTINUED
By-law
Date of Passing
(ii)
By-law No. 2004-53
June 28, 2004
By-law No. 2004-54
July 4, 2005 OMB Decision Order
No. 1708
By-law No. 2004-80
July 14, 2006 OMB Decision
Order No. 2011
By-law No. 2004-93
October 25, 2004
By-law No. 2005-16
Sept. 22, 2005 OMB Decision
Order No. 2487
By-law No. 2005-33
April 18, 2005
By-law No. 2005-35
June 27, 2005
By-law No. 2005-36
March 29, 2005
By-law No. 2005-53
June 27, 2005
By-law No. 2005-54
June 27, 2005
By-law No. 2005-62
June 27, 2005
By-law No. 2005-63
June 27, 2005
By-law No. 2005-76
September 12, 2005
By-law No. 2005-79
September 26, 2005
By-law No. 2005-90
November 7, 2005
By-law No. 2005-108
December 12, 2005
By-law No. 2006-39
May 8, 2006
By-law No. 2006-40
May 8, 2006
By-law No. 2006-41
May 8, 2006
By-law No. 2006-43
May 23, 2006
By-law No. 2006-50
June 12, 2006
By-law No. 2006-56
July 10, 2006
By-law No. 2006-61
September 11, 2006
By-law No. 2006-71
September 25, 2006
By-law No. 2006-72
September 25, 2006
By-law No. 2006-73
September 25, 2006
By-law No. 2006-78
October 23, 2006
By-law No. 2006-79
October 23, 2006
By-law No. 2006-86
November 27, 2006
By-law No. 2007-38
May 14, 2007
By-law No. 2007-46
June 11, 2007
By-law No. 2007-48
June 25, 2007, Withdrawn by
applicant and repealed by OMB
By-law No. 2007-64
September 24, 2007
INCLUDED IN THIS CONSOLIDATION CONTINUED
By-law
Date of Passing
(iii)
By-law No. 2007-67
October 9, 2007
By-law No. 2007-68
October 9, 2007
By-law No. 2007-69
October 9, 2007
By-law No. 2007-78
November 5, 2007
By-law No. 2007-94
December 10, 2007
By-law No. 2008-13
February 25, 2008
By-law No. 2008-32
April 21, 2008
By-law No. 2008-55
August 18, 2008
By-law No. 2008-56
August 18, 2008
By-law No. 2008-57
August 18, 2008
By-law No. 2009-06
February 23, 2009
By-law No. 2009-19
March 9, 2009
By-law No. 2009-28
April 14, 2009
By-law No. 2010-03
January 11, 2010
By-law No. 2010-40
April 12, 2010
By-law No. 2010-44
April 12, 2010
By-law No. 2010-49
May 10, 2010
By-law No. 2010-64
June 28, 2010
By-law No. 2010-120
December 13, 2010
By-law No. 2011-05
January 10, 2011
By-law No. 2011-74
August 15, 2011
By-law No. 2011-75
August 15, 2011
By-law No. 2011-99
December 12, 2011
By-law No. 2012-25
April 23, 2012
By-law No. 2012-28
April 23, 2012
By-law No. 2012-30
April 23, 2012
By-law No. 2012-64
July 23, 2012
By-law No. 2012-65
July 23, 2012
By-law No. 2012-71
July 23, 2012
By-law No. 2012-79
September 10, 2012
By-law No. 2012-93
October 15, 2012
By-law No. 2012-96
November 13, 2012
By-law No. 2012-108
November 26, 2012
By-law No. 2012-110
November 26, 2012
By-law No. 2013-10
January 21, 2013
By-law No. 2013-13
February 4, 2013
By-law No. 2013-23
March 4, 2013
INCLUDED IN THIS CONSOLIDATION CONTINUED
By-law
Date of Passing
(iv)
By-law No. 2013-25
March 4, 2013
By-law No. 2013-44
May 13, 2013
By-law No. 2013-59
June 10, 2013
By-law No. 2013-66
July 15, 2013
By-law No. 2013-67
July 15, 2013
By-law No. 2013-80
August 12, 2013
By-law No. 2013-92
September 16, 2013
By-law No. 2013-97
October 7, 2013
By-law No. 2013-100
October 21, 2013
By-law No. 2014-02
January 20, 2014
By-law No. 2014-03
January 20, 2014
By-law No. 2014-27
April 22, 2014
By-law No. 2014-33
May 5, 2014
By-law No. 2014-53
June 23, 2014
By-law No. 2014-59
July 14, 2014
By-law No. 2014-72
July 14, 2014
By-law No. 2014-79
August 11, 2014
By-law No. 2014-82
August 11, 2014
By-law No. 2014-105
November 17, 2014
By-law No. 2014-113
December 15, 2014
By-law No. 2015-04
February 9, 2015
By-law No. 2015-31
April 13, 2015
By-law No. 2015-42
November 2, 2015
By-law No. 2015-63
May 25, 2015
By-law No. 2015-64
June 15, 2015
By-law No. 2015-78
July 13, 2015
By-law No. 2015-79
July 13, 2015
By-law No. 2015-92
August 17, 2015
By-law No. 2015-96
September 14, 2015
By-law No. 2015-99
September 14, 2015
By-law No. 2015-114
October 26, 2015
By-law No. 2015-119
November 9, 2015
By-law No. 2015-127
December 14, 2015
By-law No. 2016-02
January 11, 2016
By-law No. 2016-08
January 25, 2016
By-law No. 2016-09
January 25, 2016
By-law No. 2016-12
February 8, 2016
INCLUDED IN THIS CONSOLIDATION CONTINUED
By-law
Date of Passing
(v)
By-law No. 2016-18
February 22, 2016
By-law No. 2016-22
October 11, 2016
By-law No. 2016-32
May 9, 2016
By-law No. 2016-38
May 24, 2016
By-law No. 2016-45
July 11, 2016
By-law No. 2016-46
May 24, 2016
By-law No. 2016-59
June 13, 2016
By-law No. 2016-75
September 26, 2016
By-law No. 2016-79
September 26, 2016
By-law No. 2016-103
November 29, 2016
By-law No. 2016-104
November 29, 2016
By-law No. 2017-05
March 20, 2017
By-law No. 2017-07
June 12, 2017
By-law No. 2017-11
April 10, 2017
By-law No. 2017-23
May 8, 2017
By-law No. 2017-33
May 23, 2017
By-law No. 2017-44
June 12, 2017
By-law No. 2017-51
August 21, 2017
By-law No. 2017-52
July 10, 2017
By-law No. 2017-63
August 21, 2017
By-law No. 2017-87
October 10, 2017
By-law No. 2017-99
December 11, 2017
By-law No. 2018-11
February 12, 2018
By-law No. 2018-23
March 19, 2018
By-law No. 2018-44
May 14, 2018
By-law No. 2018-54
June 11, 2018
By-law No. 2018-55
June 11, 2018
By-law No. 2018-59
June 11, 2018
By-law No. 2018-62
June 25, 2018
By-law No. 2018-65
July 23, 2018
By-law No. 2018-75
July 23, 2018
By-law No. 2018-77
August 13, 2018
By-law No. 2018-87
September 10, 2018
By-law No. 2018-76
September 24, 2018
By-law No. 2018-86
September 24, 2018
By-law No. 2018-88
September 24, 2018
By-law No. 2018-94
October 9, 2018
INCLUDED IN THIS CONSOLIDATION CONTINUED
(vi)
By-Law
Date of Passing
By-law No. 2018-95
October 9, 2018
By-law No. 2018-81
October 23, 2018
By-law No. 2018-100
October 23, 2018
By-law No. 2018-108
November 26, 2018
By-law No. 2018-109
November 26, 2018
By-law No. 2019-027
June 10, 2019
By-law No. 2019-028
April 8, 2021
By-law No. 2019-029
April 8, 2019
By-law No. 2019-030
April 8, 2019
By-law No. 2019-037
April 8, 2019
By-law No. 2019-038
April 23, 2019
By-law No. 2019-044
May 27, 2019
By-law No. 2019-046
May 27, 2019
By-law No. 2019-047
September 23, 2019
By-law No. 2019-066
August 12, 2019
By-law No. 2019-072
September 9, 2019
By-law No. 2019-075
October 15, 2019
By-law No. 2019-076
October 15, 2019
By-law No. 2019-077
November 12, 2019
By-law No. 2019-084
November 25, 2019
By-law No. 2019-101
December 9, 2019
By-law No. 2020-009
January 27, 2020
By-law No. 2020-018
July 13, 2020
By-law No. 2020-019
September 14, 2020
By-law No. 2020-028
June 22, 2020
By-law No. 2020-064
December 18, 2020
By-law No. 2021-004
January 25, 2021
By-law No. 2021-013
May 25, 2021
By-law No. 2021-017
April 25, 2021
By-law No. 2021-021
April 26, 2021
By-law No. 2021-023
May 10, 2021
By-law No. 2021-024
May 10, 2021
By-law No. 2021-030
May 25, 2021
By-law No. 2021-032
May 25, 2021
By-law No. 2021-034
June 28, 2021
By-law No. 2021-035
June 28, 2021
By-law No. 2021-043
September 13, 2021
INCLUDED IN THIS CONSOLIDATION CONTINUED
(vii)
By-Law
Date of Passing
By-law No. 2021-056
October 25, 2021
By-law No. 2022-012
March 14, 2022
By-law No. 2022-014
March 14, 2022
By-law No. 2022-022
May 9, 2022
By-law No. 2022-057
June 13, 2022
By-law No. 2022-063
June 13, 2022
By-law No. 2022-066
June 27, 2022
By-law No. 2022-067
October 17, 2022
By-law No. 2022-069
September 12, 2022
By-law No. 2022-071
September 12, 2022
By-law No. 2022-074
June 27, 2022
By-law No. 2022-075
June 27, 2022
By-law No. 2022-088
October 25, 2022
By-law No. 2022-090
October 17, 2022
By-law No. 2022-091
October 25, 2022
By-law No. 2022-092
October 25, 2022
By-law No. 2022-093
October 25, 2022
By-law No. 2022-097
October 25, 2022
By-law No. 2022-098
October 25, 2022
By-law No. 2022-105
December 12, 2022
By-law No. 2023-001
January 23, 2023
By-law No. 2023-002
January 23, 2023
By-law No. 2023-003
January 23, 2023
By-law No. 2023-004
February 13, 2023
By-law No. 2023-005
January 23, 2023
By-law No. 2023-006
February 13, 2023
By-law No. 2023-024
March 13, 2023
By-law No. 2023-026
March 13, 2023
By-law No. 2023-035
April 24, 2023
By-law No. 2023-036
April 11, 2023
By-law No. 2023-037
April 11, 2023
By-law No. 2023-042
April 24, 2023
By-law No. 2023-044
March 27, 2023
By-law No. 2023-050
May 23, 2023
By-law No. 2023-051
May 24, 2023
By-law No. 2023-069
July 10, 2023
By-law No. 2023-070
July 10, 2023
INCLUDED IN THIS CONSOLIDATION CONTINUED
(viii)
By-Law
Date of Passing
By-law No. 2023-087
September 11, 2023
By-law No. 2023-089
September 25, 2023
By-law No. 2023-090
September 11, 2023
By-law No. 2023-107
November 27, 2023
By-law No. 2023-007
February 26, 2024
By-law No. 2024-008
February 26, 2024
By-law No. 2024-016
March 25, 2024
By-law No. 2024-022
April 22, 2024
By-law No. 2024-033
June 10, 2024
By-law No. 2024-039
June 10, 2024
By-law No. 2024-045
June 25, 2024
By-law No. 2024-057
July 8, 2024
By-law No. 2024-058
July 8, 2024
By-law No. 2024-074
October 28, 2024
TABLE OF CONTENTS
(ix)
PREAMBLE .................................................................................................................... 1
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT ................... 1
(1)
TITLE OF BY-LAW ..................................................................................... 1
(2)
SCOPE OF BY-LAW .................................................................................. 1
(3)
ADMINISTRATION..................................................................................... 2
(4)
INSPECTION ............................................................................................. 2
(5)
APPLICATION FOR BUILDING PERMITS ................................................ 3
(6)
ISSUANCE OF BUILDING PERMITS ........................................................ 3
(7)
REQUESTS FOR AMENDMENTS ............................................................ 4
(8)
RISK, EXPENSE AND COMPLIANCE ....................................................... 4
(9)
INTERPRETATION OF BY-LAW ............................................................... 4
(10) SCHEDULES TO BY-LAW ......................................................................... 5
(11) VIOLATIONS AND PENALTIES ................................................................ 6
(12) REMEDIES ................................................................................................ 6
(13) VALIDITY ................................................................................................... 6
(14) REPEAL OF EXISTING BY-LAWS ............................................................ 7
(15) MEASUREMENTS ..................................................................................... 7
(16) NON-CONFORMING BUILDING LOCATION ............................................ 8
SECTION 2
DEFINITIONS ........................................................................................... 9
SECTION 3
GENERAL PROVISIONS ....................................................................... 60
(1)
ACCESSORY USES ................................................................................ 60
(2)
ACCESS REGULATIONS ........................................................................ 61
(3)
DWELLING UNITS ................................................................................... 61
(4)
FLOODPRONE AREAS ........................................................................... 64
(5)
GRADING ................................................................................................ 64
(6)
GROUP HOMES ...................................................................................... 65
(7)
HAZARD LANDS ..................................................................................... 65
(8)
HEIGHT RESTRICTIONS ........................................................................ 66
(9)
HOME OCCUPATION - RESIDENTIAL ................................................... 67
(10) HOME OCCUPATION - RURAL .............................................................. 68
(11) HOUSEHOLD SALES .............................................................................. 69
(12) LANDSCAPING ....................................................................................... 69
(13) LIGHTING ................................................................................................ 70
(14) LOADING SPACE REGULATIONS ......................................................... 71
(15) LOTS WITH MORE THAN ONE USE OR ZONE ..................................... 74
(16) MINIMUM DISTANCE SEPARATION ...................................................... 74
(17) MUNICIPAL SERVICES REQUIRED ....................................................... 75
(18) NON-CONFORMING USES AND LOTS.................................................. 75
(19) OPEN STORAGE .................................................................................... 76
(20) OUTDOOR PATIO ASSOCIATED WITH A RESTAURANT .................... 77
(21) PARKING REGULATIONS ...................................................................... 78
(22) REDUCTION OF LOT AREA ................................................................... 96
(23) SETBACKS .............................................................................................. 97
TABLE OF CONTENTS
(ix)
(24) SIGHT TRIANGLES/ DAYLIGHT CORNERS ........................................ 101
(25) SWIMMING POOLS ................................................................................. 81
(26) USES PERMITTED IN ALL ZONES ........................................................ 82
(27) USES RESTRICTED IN ALL ZONES .................................................... 106
(28) YARD ENCROACHMENTS AND OBSTRUCTIONS PERMITTED .......... 83
(29) YARD REQUIREMENTS, EXTERIOR SIDE YARD CONDITION .......... 109
(30) YARD REQUIREMENT SATELLITE DISHES ....................................... 110
(31) WAYSIDE PITS........................................................................................ 86
(32) WIND ENERGY CONVERSION SYSTEMS AND WIND FARMS ............ 86
SECTION 4
ZONES AND ZONE SYMBOLS ........................................................... 114
(1)
DIVISION INTO ZONES ........................................................................ 114
(2)
ZONE CLASSIFICATION ....................................................................... 114
(3)
ZONE SYMBOLS AND DESIGNATIONS .............................................. 116
(4)
ZONE PROVISIONS .............................................................................. 116
(5)
SPECIAL ZONES ................................................................................... 117
(6)
HOLDING "h" ZONES ............................................................................ 117
(7)
COMPOUND ZONES AND MULTIPLE ZONES .................................... 121
(8)
BONUS PROVISION ............................................................................. 122
SECTION 5
RESIDENTIAL FIRST DENSITY (R1) ZONE ....................................... 124
(1)
SCOPE .................................................................................................. 124
(2)
USES PERMITTED ................................................................................ 124
(3)
ZONE REQUIREMENTS ....................................................................... 124
(4)
SPECIAL PROVISIONS ......................................................................... 125
SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE ................................................. 130
(1)
SCOPE .................................................................................................. 130
(2)
USES PERMITTED ................................................................................ 130
(3)
ZONE REQUIREMENTS ....................................................................... 130
(4)
SPECIAL PROVISIONS ......................................................................... 131
SECTION 7
RESIDENTIAL TYPE 1B (R1B) ZONE ................................................. 137
(1)
SCOPE .................................................................................................. 137
(2)
USES PERMITTED ................................................................................ 137
(3)
ZONE REQUIREMENTS ....................................................................... 137
(4)
SPECIAL PROVISIONS ......................................................................... 138
SECTION 8
RESIDENTIAL SECOND DENSITY (R2) ZONE .................................. 139
(1)
SCOPE .................................................................................................. 139
(2)
USES PERMITTED ................................................................................ 139
(3)
ZONE REQUIREMENTS ....................................................................... 139
(4)
SPECIAL PROVISIONS ......................................................................... 140
SECTION 9
RESIDENTIAL THIRD DENSITY (R3) ZONE ....................................... 148
(1)
SCOPE .................................................................................................. 148
(2)
USES PERMITTED ................................................................................ 148
TABLE OF CONTENTS
(ix)
(3)
ZONE REQUIREMENTS ....................................................................... 148
(4)
SPECIAL PROVISIONS ......................................................................... 149
SECTION 10 RESIDENTIAL MULTIPLE FIRST DENSITY (RM1) ZONE .................. 152
(1)
SCOPE .................................................................................................. 152
(2)
USES PERMITTED ................................................................................ 152
(3)
ZONE REQUIREMENTS ....................................................................... 152
(4)
SPECIAL PROVISIONS ......................................................................... 154
SECTION 11 RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE ............ 158
(1)
SCOPE .................................................................................................. 158
(2)
USES PERMITTED ................................................................................ 158
(3)
ZONE REQUIREMENTS ....................................................................... 158
(4)
SPECIAL PROVISIONS ......................................................................... 159
SECTION 12 RESIDENTIAL HERITAGE (RH) ZONE ............................................... 170
(1)
SCOPE .................................................................................................. 170
(2)
USES PERMITTED ................................................................................ 170
(3)
ZONE REQUIREMENTS ....................................................................... 170
(4)
SPECIAL PROVISIONS ......................................................................... 171
SECTION 13 RESIDENTIAL OFFICE (RO) ZONE .................................................... 172
(1)
SCOPE .................................................................................................. 172
(2)
USES PERMITTED ................................................................................ 172
(3)
ZONE REQUIREMENTS ....................................................................... 172
(4)
SPECIAL PROVISIONS ......................................................................... 174
SECTION 14 RESIDENTIAL MODULAR HOME PARK (RMH) ZONE ...................... 176
(1)
SCOPE .................................................................................................. 176
(2)
USES PERMITTED ................................................................................ 176
(3)
ZONE REQUIREMENTS ....................................................................... 176
(4)
SPECIAL PROVISIONS ......................................................................... 177
SECTION 15 COMMERCIAL GENERAL (CG) ZONE ............................................... 180
(1)
SCOPE .................................................................................................. 180
(2)
USES PERMITTED ................................................................................ 180
(3)
ZONE REQUIREMENTS ....................................................................... 181
(4)
SPECIAL PROVISIONS ......................................................................... 182
SECTION 16 COMMERCIAL HIGHWAY (CH) ZONE ............................................... 195
(1)
SCOPE .................................................................................................. 195
(2)
USES PERMITTED ................................................................................ 195
(3)
ZONE REQUIREMENTS ....................................................................... 196
(4)
SPECIAL PROVISIONS ......................................................................... 197
SECTION 17 COMMERCIAL NEIGHBOURHOOD (CN) ZONE ................................ 202
(1)
SCOPE .................................................................................................. 202
(2)
USES PERMITTED ................................................................................ 202
TABLE OF CONTENTS
(ix)
(3)
ZONE REQUIREMENTS ....................................................................... 202
(4)
SPECIAL PROVISIONS ......................................................................... 203
SECTION 18 RESORT RESIDENTIAL/RESORT COMMERCIAL (RR/RC) ZONE . 208
(1)
SCOPE .................................................................................................. 208
(2)
USES PERMITTED ................................................................................ 208
(3)
ZONE REQUIREMENTS ....................................................................... 208
(4)
SPECIAL PROVISIONS ......................................................................... 208
SECTION 19 RECREATION (RE) ZONE ................................................................... 210
(1)
SCOPE .................................................................................................. 210
(2)
USES PERMITTED ................................................................................ 210
(3)
ZONE REQUIREMENTS ....................................................................... 210
(4)
SPECIAL PROVISIONS ......................................................................... 211
SECTION 20 LIGHT INDUSTRIAL (LI) ZONE ........................................................... 214
(1)
SCOPE .................................................................................................. 214
(2)
USES PERMITTED ................................................................................ 214
(3)
ZONE REQUIREMENTS ....................................................................... 215
(4)
SPECIAL PROVISIONS ......................................................................... 216
SECTION 21 SPECIAL INDUSTRIAL (SI) ZONE ...................................................... 219
(1)
SCOPE .................................................................................................. 219
(2)
USES PERMITTED ................................................................................ 219
(3)
ZONE REQUIREMENTS ....................................................................... 219
(4)
SPECIAL PROVISIONS ......................................................................... 221
SECTION 22 HEAVY INDUSTRIAL (HI) ZONE ......................................................... 224
(1)
SCOPE .................................................................................................. 224
(2)
USES PERMITTED ................................................................................ 224
(3)
ZONE REQUIREMENTS ....................................................................... 225
(4)
SPECIAL PROVISIONS ......................................................................... 226
SECTION 23 EXTRACTIVE INDUSTRIAL (EI) ZONE ............................................... 231
(1)
SCOPE .................................................................................................. 231
(2)
USES PERMITTED ................................................................................ 231
(3)
ZONE REQUIREMENTS ....................................................................... 231
(5)
SPECIAL PROVISIONS ......................................................................... 232
SECTION 24 INSTITUTIONAL (I) ZONE ................................................................... 234
(1)
SCOPE .................................................................................................. 234
(2)
USES PERMITTED ................................................................................ 234
(3)
ZONE REQUIREMENTS ....................................................................... 234
(4)
SPECIAL PROVISIONS ......................................................................... 235
SECTION 25 FUTURE DEVELOPMENT (FD) ZONE ................................................ 237
(1)
SCOPE .................................................................................................. 237
TABLE OF CONTENTS
(ix)
(2)
USES PERMITTED ................................................................................ 237
(3)
ZONE REQUIREMENTS ....................................................................... 237
(4)
SPECIAL PROVISIONS ......................................................................... 238
SECTION 26 AGRICULTURAL (A) ZONE................................................................. 239
(1)
SCOPE .................................................................................................. 239
(2)
USES PERMITTED ................................................................................ 239
(3)
ZONE REQUIREMENTS ....................................................................... 239
(4)
SPECIAL PROVISIONS ......................................................................... 244
SECTION 27 AGRICULTURAL RESTRICTIVE (AR) Zone ....................................... 195
(1)
SCOPE .................................................................................................. 258
(2)
USES PERMITTED ................................................................................ 258
(3)
ZONE REQUIREMENTS ....................................................................... 258
(4)
SPECIAL PROVISIONS ......................................................................... 258
SECTION 28 ENVIRONMENTAL PROTECTION (EP) ZONE ................................... 259
(1)
SCOPE .................................................................................................. 259
(2)
USES PERMITTED ................................................................................ 259
(3)
ZONE REQUIREMENTS ....................................................................... 259
(4)
SPECIAL PROVISIONS ......................................................................... 259
SECTION 29 WETLAND (W)
ZONE ...................................................................................... 198
(1)
SCOPE .................................................................................................. 261
(2)
USES PERMITTED ................................................................................ 261
(3)
ZONE REQUIREMENTS ....................................................................... 261
(4)
SPECIAL PROVISIONS ......................................................................... 261
SECTION 30 OPEN SPACE (OS) ZONE ................................................................... 262
(1)
SCOPE .................................................................................................. 262
(2)
USES PERMITTED ................................................................................ 262
(3)
ZONE REQUIREMENTS ....................................................................... 262
SECTION 31 APPROVAL .......................................................................................... 263
SCHEDULE A THROUGH E
AMENDMENTS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
THE CORPORATION OF THE TOWN OF AMHERSTBURG
BY- LAW NO. 1999-52
Being a By-law to regulate the use of lands and the character, location and use of
buildings and structures within the Town of Amherstburg, pursuant to Section 34 of the
Planning Act.
PREAMBLE
WHEREAS Section 34 of the Planning Act provides that the governing body of a
municipal corporation may pass By-laws to regulate the use of lands and the character,
location and use of buildings and structures;
AND WHEREAS the Council of the Corporation of the Town of Amherstburg has deemed
it to be in the public interest that such a By-law be enacted;
NOW THEREFORE the Council of the Corporation of the Town of Amherstburg ENACTS
as follows:
SECTION 1 APPLICATION, INTERPRETATION AND ENFORCEMENT
(1)
TITLE OF BY-LAW
This By-law may be cited as "The Zoning By-law".
(2)
SCOPE OF BY-LAW
LANDS SUBJECT TO BY-LAW
The provisions of this By-law shall apply to all those lands lying within the
corporate limits of the Town of Amherstburg.
CONFORMITY WITH BY-LAW
No lands shall be used and no building or structure shall be erected, altered
or used within the Corporation except in conformity with the provisions of
this By-law and except as permitted by this By-law.
EXISTING USE CONTINUED
Nothing in this By-law shall apply to prevent the use of any existing lot,
building or structure for any purpose prohibited by this By-law if such lot,
building or structure was lawfully used for such use prior to the passing of
this By-law, so long as it continued to be used for that purpose.
For the purpose of this By-law, lawfully used will be restricted for purposes
of proof to existing as of January 1, 2000.
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(By-law 2016-32)
PLANS APPROVED PRIOR TO BY-LAW
Nothing in this By-law shall prevent the erection or use of any building or
structure for a purpose prohibited by the provisions of this By-law, if the
plans for such building or structure were approved by the Corporation and
either a building permit was issued or a Site Plan Agreement entered into
prior to the date of passing of this By-law, so long as:
when such building or structure is erected,
it shall be used and shall continue to be
used only for the same purpose for which
the said building or structure was intended
when such building permit was issued or
such Site Plan Agreement was entered into
and shall not be altered in any way except
in conformity with the provisions of this By-
law; and
the erection of such building or structure is
commenced within two years after the date
of passing of this By-law and such building
or
structure
is
completed
within
a
reasonable time after the erection thereof is
commenced.
COMPLIANCE WITH OTHER RESTRICTIONS
This By-law shall not be construed so as to reduce or mitigate any
restrictions or regulations lawfully imposed by the Corporation or by any
governmental authority having jurisdiction to make such restrictions or
regulations.
(3)
ADMINISTRATION
This By-law shall be administered by a person designated from time to time by
Council as the By-law Enforcement Officer or such other person as the Council of
the Town of Amherstburg designates.
(4)
INSPECTION
Subject to Clause (b) of this Subsection, the By-law Enforcement
Officer, or any other officer or employee of the Corporation acting
under the direction of Council, is hereby authorized to enter, at all
reasonable hours, upon any property or premises for the purpose
of carrying out his duties under this By-law.
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
Notwithstanding anything to the contrary in Clause (a) of this
Subsection, no officer or employee of the Corporation shall enter
any room or place actually being used as a dwelling unit or part
thereof without the consent of the occupier, except under the
authority of a search warrant issued under the Provincial
Offences Act, or any successors thereto.
(5)
APPLICATION FOR BUILDING PERMITS
Notwithstanding anything to the contrary in Clause (a) of this Subsection, no
officer or employee of the Corporation shall enter any room or place actually
being used as a dwelling unit or part thereof without the consent of the occupier,
except under the authority of a search warrant issued under the Provincial
Offences Act, or any successors thereto.
Two copies of a Site Plan, one copy of which shall be
retained by the Chief Building Official, drawn to scale and
showing:
The true dimensions of the lot to be built
upon or otherwise used;
The location of all existing buildings,
structures or uses on the lot;
The proposed location, grade, height, and
dimensions of any building, structure or
use proposed for such lot; and
The proposed location and dimensions of
yards, landscaped open spaces, parking
areas, and loading spaces.
A statement, signed by the owner, disclosing the specific
existing or proposed building or structure and containing
all information necessary to determine if such existing or
proposed building, structure or use conforms to the
requirements of this By-law; and
Two copies of a plan showing the ground level and
contour lines on the lot as of the date of the application
and as same will be upon completion of the proposed
erection or alterations and when the re-distribution of all
topsoil has been completed.
(6)
ISSUANCE OF BUILDING PERMITS
Notwithstanding the provisions of the Building By-law or any other By-law of the
Corporation to the contrary, no building permit shall be issued where a proposed
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
building, structure or alteration to an existing building or structure would
contravene in any way one or more of the provisions hereof.
(7)
REQUESTS FOR AMENDMENTS
The facilities, yards or other matters required by this By-law shall be provided and
maintained at the sole risk and expense of the owner of the lands in respect of
which such matters are required hereby, and the said owner shall at all times bear
full responsibility for ensuring compliance in all respects with this By-law.
(8)
RISK, EXPENSE AND COMPLIANCE
The facilities, yards or other matters required by this By-law shall be provided and
maintained at the sole risk and expense of the owner of the lands in respect of
which such matters are required hereby, and the said owner shall at all times bear
full responsibility for ensuring compliance in all respects with this By-law.
(9)
INTERPRETATION OF BY-LAW
DEFINITIONS
In this By-law, unless the context requires otherwise, the definitions and
interpretations set out in Section 2 hereof shall apply.
SINGULAR AND PLURAL WORD AND GENDERS
In this By-law, unless the context requires otherwise:
words used in the singular include the
plural;
words used in the plural include the
singular; and
words used in the masculine gender
include the feminine and neuter.
"SHALL" IS MANDATORY
In this By-law, the word "shall" is mandatory.
"USE" AND "OCCUPY"
In this By-law, unless the context requires otherwise:
the verb "use" shall include "design to be
used", "arrange to be used", "intend to be
used", and "permit to be used"; and
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(10)
SCHEDULES TO BY-LAW
the verb "occupy" shall include "design to
be occupied", "arrange to be occupied",
"intend to be occupied", and "permit to be
occupied".
PART OF BY-LAW
Schedule "A" which is attached hereto and described in this Subsection, is
hereby made a part of this By-law as fully and to all intent and purposes as
though recited in full herein.
SCHEDULE "A" - ZONE MAPS
The extent and boundaries of all zones and restricted areas are set out on
the maps comprising Schedule "A" hereto and shall be interpreted in
accordance with the following:
Boundaries of zones and restricted areas
shall be construed wherever possible, to be
concurrent with lot lines, property bound-
aries, centreline of street, street lines, high
water marks, top of bank or other Con-
servation Authority regulation lines, bound-
aries of right-of-ways for railways, hydro-
electric transmission corridors or pipelines,
or boundaries of registered plans.
In the event that a street or lane which
forms the boundary between two or more
different zones is closed, the boundary
between such zones shall be construed as
the former centreline of the said closed
street or lane.
Where uncertainty exists as to the location
of a zone boundary on Schedule "A" hereto
or on a Schedule to any amendment to this
By-law, reference shall be made to the
original scales of 1:7500, 1:9000, and
1:12,500, as contained in the Municipal
Offices and shall be deemed to be the
centrepoint of the line on such Schedule
which denotes the said zone boundary.
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(11)
VIOLATIONS AND PENALTIES
Every person who uses any lot, or erects or uses any
building or structure or any part of any lot, building or
structure in a manner contrary to any requirement of this
By-law, or who causes or permits such use or erection, or
who violates any provisions of this By-law or causes or
permits such a violation, shall be guilty of an offense, and
upon conviction therefore, shall forfeit and pay a fine not
exceeding Twenty Thousand ($20,000.00) Dollars on a
first conviction for each day or part thereof upon which the
contravention has continued after the day upon which
there was a first conviction.
Where a Corporation is convicted under Section 11, the
maximum penalty that may be imposed is Fifty Thousand
($50,000.00) Dollars for the first conviction and Twenty-
five Thousand ($25,000.00) Dollars for each day or part
thereof upon which the contravention has continued after
the day on which the Corporation is first convicted.
(12)
REMEDIES
(13)
VALIDITY
Where any building or structure is erected, altered,
reconstructed, extended or enlarged, or any building or
structure or part thereof is used, or any lot is used, in
contravention of any requirements or other provisions of
this By-law, such contravention may be restrained by
action at the instance of any ratepayer or of the Corpor-
ation pursuant to the relevant provisions of the Planning
Act, 1990, or The Municipal Act, R.S.O. 1990, in that
behalf.
Where a person guilty of a violation against this By-law has
been directed to remedy such violation and is in default of
doing any work thus required, then such work may be done
at his expense by the Corporation, at its sole discretion,
and the Corporation shall have the unlimited right to
recover any expenses thus incurred by action or in like
manner as municipal taxes, and such expenses shall be in
addition to and not in derogation of any remedy by way of
mandamus, injunction or otherwise.
If any section, clause or provision of this By-law, including anything contained in
the Schedules attached hereto, is for any reason declared by a court of competent
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
jurisdiction to be invalid, the same shall not affect the validity of the By-law as a
whole or any part thereof, other than the section, clause or provision so declared
to be invalid, and it is hereby declared to be the intention that all the remaining
sections, clauses or provisions of this By-law shall remain in full force and effect
until repealed, notwithstanding that one or more provisions thereof shall have been
declared to be invalid.
(14)
REPEAL OF EXISTING BY-LAWS
TOWN OF AMHERSTBURG
All previous By-laws of the former Corporation of the Town of Amherstburg
passed pursuant to Section 34 of the Planning Act are hereby repealed.
FORMER TOWNSHIP OF ANDERDON
All previous By-laws passed by the former Corporation of the Township of
Anderdon pursuant to Section 34 of the Planning Act, as they apply to the
lands formerly of the Corporation of the Township of Anderdon, are hereby
repealed.
FORMER TOWNSHIP OF MALDEN
All previous By-laws passed by the former Corporation of the Township of
Malden pursuant to Section 34 of the Planning Act, as they apply to the
lands formerly of the Corporation of the Township of Malden, are hereby
repealed.
(15)
MEASUREMENTS
All measurements of length or area used in this By-law shall be subject to the
normal rules of rounding numbers, within the degree of precision specified by the
number of digits following the decimal point (if any), so that:
For a whole number, measurements of less than 0.5 shall
be rounded downward to the next whole unit;
For a whole number, measurements of 0.5 and greater
shall be rounded upward to the next whole unit;
For a number having one decimal place, measurements
of less than 0.05 shall be rounded downward to the next
one-tenth unit;
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
For a number of one decimal place, measurements of
0.05 and greater shall be rounded upward to the next
one-tenth unit.
Ratios and percentage figures shall not be subject to rounding.
(16)
NON-CONFORMING BUILDING LOCATION
Notwithstanding any other aspect of this By-law, any lot, and the location thereon
of any building, or structure thereto, which existed on or before January 1, 2006,
shall be deemed to comply with the relevant regulations for setback, building line,
front yard, side yard, rear yard, and lot coverage.
(By-law 2006-61)
9
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 2 DEFINITIONS
"ABANDONED" means the failure to proceed expeditiously with construction work
or to undertake construction work during any continuous 12-month period.
"ABATTOIR" means a commercial building or structure, or part thereof, used for
the slaughtering of animals and processing of meat.
"ACCESSORY", when used to describe a use, a building or a structure, means a
use, a building or a structure that is incidental, subordinate and devoted to a main
use, building or structure and located on the same lot therewith, and includes a
private garage which is not attached to the main building in any way but does not
include a single unit dwelling in an Agricultural Zone.
(By-law 2006-61)
"ACCESSORY DWELLING" - see "DWELLING UNIT".
"ADULT ENTERTAINMENT PARLOURS" - shall mean any premises or part
thereof in which is provided, in pursuance of a trade, calling, business or
occupation, services appealing to or designed to appeal to erotic or sexual
appetites or inclinations. For the purposes of this By-law, the following shall apply:
"Provided" includes furnished, performed, solicited or given such services;
"Services" includes activities, facilities, performances, exhibitions, viewings and
encounters but does not include the exhibition of film approved under the Theatres
Act.
"Services appealing to or designed to appeal to erotic or sexual appetites or
inclinations" includes the following:
(i)
services of which a principal feature or characteristic is nudity or partial
nudity of any person;
(ii)
services in respect of which the word "nude", "naked", "topless",
"bottomless", "sexy" or any other word or any picture, symbol or
representation having like meaning or implication is used in any
advertisement."
"To provide" when used in relation to services includes to furnish, perform, solicit,
or give such services and 'providing' and 'provision' have corresponding meanings.
"AGRICULTURAL RELATED COMMERCIAL USE" means agricultural industrial
establishment, an agricultural processing establishment, an agricultural service
establishment, or an agricultural supply establishment.
10
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"AGRICULTURAL SERVICE ESTABLISHMENT" means premises used for the
supply of goods, materials or services that support agricultural uses including the
sale and storage of seed, feed, fertilizer and chemical products and the rental, sale,
repair or service of agricultural equipment or implements or any combination of the
foregoing.
"AGRICULTURAL SUPPLY ESTABLISHMENT" means premises used for the
supply of goods, materials or services that support agricultural uses including the
sale and storage of seed, feed, fertilizer and chemical products and the rental, sale,
repair or service of agricultural equipment or implements or any combination of the
foregoing.
"AGRICULTURAL USE" means the cultivation of land, the production of crops and
the selling of such product on the premises, and the breeding and care of livestock
and the selling of such livestock or the product of such livestock raised on the
premises, and without limiting the generality of the foregoing includes aviaries,
apiaries, fish farming, animal husbandry, and the raising and harvesting of field,
bush, or tree crops, market gardening, nurseries, greenhouses and an accessory
air strip. However, "agricultural use" does not include facilities for the permanent
or temporary housing of persons employed on the lot, an abattoir or any premises
used for the killing of livestock or the processing of meat.
(a)
"AGRICULTURAL USE, INTENSIVE LIVESTOCK" means an agricultural
use consisting of the raising, harbouring, breeding or care of a specific type
of livestock or poultry in a manner in which the number of animal units at
any time is greater than a ratio equal to 2.5 animal units per hectare (1
animal unit per acre). In addition, any combination of livestock or poultry
types shall constitute a livestock intensive agricultural use if the total number
of animals (livestock and poultry) results in a total number of animal units
greater than 2.5 per hectare (1 per acre). Notwithstanding the above
definition, any livestock or poultry operation consisting of a total of fifteen
(15) or more animal units shall be considered a livestock intensive
agricultural use for the purposes of this By-law.
(b)
"AGRICULTURAL USE, INTENSIVE" means an agricultural use on which
the primary activity consists of one or more of the following:
(i)
hatching or raising chickens, turkeys, ducks, geese, or other poultry or
fowl;
(ii)
breeding or raising fur-bearing animals, swine, sheep, rabbits, or
goats;
(iii) breeding, raising or boarding dogs, cats, horses, or ponies for
commercial purposes;
(iv) raising cattle on a feed lot; or
11
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(v)
growing mushrooms.
"AIR TREATMENT CONTROL" shall mean the functional use of industrial grade
multi-stage carbon filtration system, or similar technology, to reduce and/or treat
the emission of pollen, dust and odours expelled from a facility and sized
accordingly in comparison to the facility it serves as designed by a qualified
person.
(By-Law 2019-075)
"ALTER" means:
(i)
when used in reference to a building or structure or part thereof, shall
mean to change any one (1) or more of the internal or external dimensions
of such building or structure or to change the type of construction of the
exterior walls or roof thereof;
(ii)
when used in reference to a lot, the word "alter" means to change the width,
depth, or area thereof or to change the width, depth, or area of any required
yard, setback, landscaped open space, or parking area, or to change the
location of any boundary of such lot with respect to a street or lane, whether
such alteration is made by conveyance or alienation of any portion of said
lot, or otherwise; or
(iii)
when used in reference to a use, to discontinue and replace a use, in whole
or in part, with a use which is defined herein as being distinct from the
discontinued use or to add a new use to an existing use.
"ALTERED" and "ALTERATION" have corresponding meanings.
"ALTERNATIVE ENERGY SYSTEM" means sources of energy or energy
conservation process that significantly reduce the amount of harmful emissions to
the environment (air, earth and water) when compared to conventional systems.
(By-law 2008-55, 56, 57)
"AMUSEMENT GAME ESTABLISHMENT" means a building or a part thereof
within which more than three amusement game machines are available to the
public.
"ANIMAL CLINIC SMALL" shall mean a building or structure used for a veterinary
practice where animals, birds, or other livestock are treated and where small
domestic animals or birds are kept for treatment only but shall not include outdoor
kennels.
12
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"ANIMAL CLINIC LARGE" shall mean a building or structure for a veterinary
practice where all types of animals and birds are treated and kept for treatment.
"ANIMAL UNIT" shall mean the number of that kind of livestock or poultry that
would produce 68-77 kg (150 -170 pounds) of nitrogen in their manure. This
amount of manure is sufficient to provide the nitrogen fertilizer requirements for 0.4
hectare (one acre) of corn. The following table provides information on the number
of animal units associated with various types of livestock or poultry. Any type of
livestock or poultry not specifically referred to in the table shall be as determined
by the Ministry of Agriculture, Food and Rural Affairs.
Type of Livestock or Poultry
Annual Basis (365 Days)
1 dairy cow (plus calf)
1 animal unit
1 beef cow (plus calf)
1 animal unit
1 beef cow (plus calf)
1 animal unit
1 horse
1 animal unit
4 sheep (plus lambs)
1 animal unit
4 goats (plus kids)
1 animal unit
4 sows (plus litter to weaning)
1 animal unit
125 laying hens
1 animal unit
100 female mink (plus associated males and kits)
1 animal unit
40 female rabbits (plus associated males)
1 animal unit
Type of Livestock or Poultry
Market Basis (as marketed)
2 beef feeders (gain 400-1,100 lbs)
1 animal unit
4 beef feeders (gain 400-750 lbs)
1 animal unit
4 beef feeders (gain 750-1,100 lbs)
1 animal unit
15 hogs (gain 40-200 lbs)
1 animal unit
1,000 broiler chickens or roasters (4-5 lbs)
1 animal unit
300 turkey broilers (11-12 lbs)
1 animal unit
150 heavy turkey hens (19-20 lbs)
1 animal unit
100 heavy turkey toms (30-32 lbs)
1 animal unit
40 veal calves (gain 90-300 lbs)
1 animal unit
1,000 pullets
1 animal unit
"AREA OF BUILDING" means the maximum horizontal projected area of a
building, including enclosed porches, but exclusive of steps, terraces, or cornices.
"ART GALLERY" means a building or part thereof where works of art, such as
paintings, sculpture, pottery, glass and weaving are displayed for public viewing.
13
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"ASSEMBLY HALL" means a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, political, religious,
or social activities, and may include a banquet hall or private club.
"ASSEMBLY PLANT" - see "MANUFACTURING AND ASSEMBLY INDUSTRY". .
"ATTACHED" means a building otherwise complete in itself, which depends for
structural support, or complete enclosure upon a division wall or walls shared in
common with adjacent building or buildings.
"ATTIC" - see "STOREY".
"AUCTION ESTABLISHMENT" means a building or part thereof used for the retail
sale of articles or goods to the members of the public bidding the highest offer for
the article or goods during the sale proceedings.
"AUTOMOBILE BODY REPAIR SHOP" means every place of business which
restores or does maintenance to the exterior of an automobile to restore it to a
good condition and shall include but is not limited to the replacement or restoration
of worn out parts or the restoration of such parts but does not include the
replacement, repair or restoration of any mechanical part of the automobile. Such
operation shall include but is not limited to painting, repainting body filling, or
refinishing of an automobile.
(By-law 2010-44)
"AUTOMOBILE SERVICE STATION" means an establishment where vehicle
fuels, lubricants and accessories are offered for retail sale and which contains
facilities for the repair and maintenance of vehicles excluding body and fender
work.
"AUTOMOBILE SUPPLY STORE" means a building or part thereof used for the
purpose of retail sale of equipment and parts used to repair, service or customize
motor vehicles. This does not include any installations or repairs.
"AUTOMOTIVE USE" means an automobile service station, a gasoline retail outlet,
a vehicle repair shop, a car wash, a body shop or a vehicle sales or rental
establishment as defined herein.
"BAKERY" means a building for producing, mixing, compounding or baking bread,
biscuits, cakes or other baked products.
"BAKE SHOP" means a retail store where bakery products are offered for sale,
some or all of which may be prepared on the premises.
14
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"BALCONY" means a stage or platform, other than a stoop, projecting from the
wall of a building and accessible from inside such building by means of a door.
"BASEMENT" means that portion of a building partially below ground level and
having fifty percent or more of its exterior wall area above the average finished
grade.
"BATCHING PLANT, ASPHALT" means an industrial establishment used for the
production of asphalt, or asphalt products used in building or construction and
includes facilities for the administration and management of the business, the
stockpiling of bulk materials used in the production process or a finished product
manufactured on the premises and the storage and maintenance of required
equipment, but does not include the retail sales of finished asphalt.
(a)
"PORTABLE ASPHALT PLANT" means temporary asphalt batching plant
established for a Provincial or Municipal road project.
"BATCHING PLANT, CONCRETE" means an industrial establishment used for the
production of concrete, or concrete products used in building or construction and
includes facilities for the administration and management of the business, the
stockpiling of bulk materials used in the production process or a finished product
manufactured on the premises and the storage and maintenance of required
equipment, but does not include the retail sales of finished concrete.
"BED AND BREAKFAST ESTABLISHMENT" means a single detached dwelling in
which no more than six rooms are made available by the residents of the said
dwelling for the temporary accommodation of travellers in the course of which no
assistance is offered by any person not residing in the dwelling. This does not
include a hotel, motel, boarding or lodging house, or restaurant, as defined herein.
"BEEF FEEDLOT" means an enclosure with or without structures used for the
feeding and confining of cattle
"BERM" means a landscaped mound of earth.
"BIOMASS" means peat, wood other than wood waste, or organic materials that
are grown or harvested for the purpose of being burned to generate electricity.
(By-law 2008-55, 56, 57)
"BIOMASS ENERGY SYSTEM" means a renewable electrical generation facility
using renewable biomass resources and/or waste products that produces electrical
power for the needs of a user or to feed into the transmission or local distribution
grid.
15
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(By-law 2008-56,57,58)
"BIOMASS ENERGY SYSTEM" means all components, supporting infrastructure
and outbuildings. A biomass energy system includes anaerobic digesters used
principally for the generation of electricity. (By-law 2008-56,57,58)
"BOARDING HOUSE" - see "LODGING HOUSE".
"BOARDING KENNEL" -means a place where dogs or other domestic animals
other than poultry are kept for a fee on a temporary basis.
"BOAT" means any vessel propelled by oars, sail, an engine or paddles.
"BOAT DOCK" means any structure used or designed to moor a boat. It may be
parallel to or angled from a shoreline. For the purposes of this By-law, a boat dock
may be accessory to a residential use or may be a main use in certain zones. Boat
docks are exempt from all yard and elevation requirements of this By-law.
"BOAT HOUSE" means a building or structure intended for use to house, shelter,
or protect a boat or other form of water transportation. When constructed in
association with a residential dwelling, a boat house shall be deemed an accessory
building.
"BOAT RAMP" means any structure or facility used to launch and load boats. For
the purposes of this By-law, a boat ramp may be accessory to a residential use or
may be a main use in certain zones. Boat ramps are exempt from all yard and
elevation requirements of this By-law.
"BODY SHOP" means an establishment engaged primarily in the repairing or
painting of vehicle bodies.
"BREAK WALL" means a barrier constructed of sheet piling, rocks, or any
combination of materials that breaks the impact of waves and separates a body of
water from land. Break walls are accessory uses for the purposes of this By-law
but are exempt from all yard and elevation requirements.
"BREWERY" means a facility for the manufacture of beer and may include, in
combination therewith, a retail store and a tasting room for the sale of beer
produced on the same lot and interior
(By-law 2016-104).
"BREWING
ON
PREMISES
ESTABLISHMENT"
means
a
commercial
establishment where individuals produce beer, wine and/or cider, for personal use
and consumption off the premises; and where beer, wine and/or cider ingredients
16
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
and materials are purchased, equipment and storage area is used for a fee by the
same individuals.
"BUILDER'S YARD" means the yard of a building contractor or company used as
a depot for the storage and maintenance of equipment used by the contractor or
company, and includes facilities for the administration or management of the
business, but does not include the wholesale or retail sale of building supplies or
home improvement supplies.
"BUILDING" means any structure having a roof supported by walls and/or columns
which is used or intended to be used for the shelter, accommodation or enclosure
of persons, animals or chattels, but does not include any vehicle as defined herein.
"BUILDING BY-LAW" means any By-law of the Corporation passed pursuant to
The Building Code Act, as amended from time to time, or any successors thereto.
"BUILDING HEIGHT" - see "HEIGHT".
"BUILDING INSPECTOR" means the officer or employee of the Corporation
charged with the duty of enforcing the provisions of the Building By-law of the
Corporation.
"BUILDING LINE, ESTABLISHED" means the existing street setback of an existing
main building on a lot, measured between the centreline of the street adjacent to
the said lot and the nearest part of such building, excluding any stoops, sun decks,
porches, verandas, balconies, exterior steps, or architectural adornments.
"BUILDING OR CONTRACTING ESTABLISHMENT" means a premises used for
the purposes of undertaking or managing activities engaged in maintaining and
building new structures, or works, additions or renovations and typically includes
the offices of general building contractors, general contractors, specialized trades
and building maintenance services such as landscaping services, window cleaning
and extermination services. Also included is the prefabrication of building
equipment and materials and wrecking and demolition contractors' offices, but
does not include salvage yards.
"BUILDING SUPPLY OUTLET" means an industrial premises used for storage,
milling, and wholesale sales of a broad range of building materials and which may
include retail operation.
"BULK SALES ESTABLISHMENTS" means the use of land, structure or building
for the purposes of buying and selling lumber, wood, building materials, feed, ferti-
lizer, ice, and allied commodities but does not include any manufacturing,
assembling or processing.
17
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"BUSINESS OFFICE" - see "OFFICE, BUSINESS".
"BUSINESS SERVICE ESTABLISHMENT" means an establishment primarily
engaged in providing services to business establishments on a fee or contract
basis, including advertising and mailing, building maintenance, employment
services, protective services, and small equipment rental, leasing and repair.
"CAMPGROUND" means a use consisting of at least five (5) camping sites,
licensed under the provisions of The Municipal Act, as amended from time to time,
and comprising land used or maintained for seasonal recreational activity as
grounds for the camping or parking of a tent, tent trailer, motor home, travel trailer,
or truck camper, but not a mobile home.
"CANNABIS" shall mean a genus of flowering plants in the family Cannabaceae.
Synonyms include but are not limited to marijuana, and marihuana. This
definition does not include the industrial or agricultural production of hemp (a
source of foodstuffs (hemp milk, hemp seed, hemp oil), fiber and biofuels) as
defined in the Cannabis Act, as amended.
(By-Law 2019-075)
"CANAL" means an artificial waterway other than a municipal drain, directly or
indirectly connected to Lake Erie or the Detroit River and which is constructed for
recreational or drainage purposes.
"CANOPY, WEATHER" means a permanent unenclosed roof structure erected for
the purpose of sheltering motor vehicle fuel pumps and dispenser islands from the
weather.
"CARPORT" means a covered structure attached to a wall of a main building and
used for the storage of vehicles. The roof of the said structure shall be supported
by piers or columns so that 50 percent of its wall area adjacent to the side lot line
is unenclosed.
"CAR WASH" means a building or structure containing facilities specifically used
or intended to be used for washing vehicles either by production line methods
employing mechanical devices or by hand.
"CATALOGUE STORE" means a retail commercial establishment in which orders
are accepted for the purchase of goods listed in a catalogue provided by the
establishment and in which some or all of the goods so listed may also be available
within the establishment for sale at retail.
"CATERER'S ESTABLISHMENT" means an establishment in which food and
beverages are prepared for consumption off the premises and are not served to
18
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
customers on the premises or to take out, but does not include a food service
establishment.
"CELLAR" - see "STOREY"
"CEMETERY" means a cemetery as defined in The Cemetery Act.
"CHIEF BUILDING OFFICIAL" means the officer or employee of the Corporation
for the time being charged with the duty of enforcing the provisions of the Zoning
By-law of the Corporation.
"CHRONIC CARE FACILITY" means a rest home, a hospital, or licensed facility
where the elderly or chronically ill reside and are cared for.
"CHURCH" means a building dedicated to religious worship and may include a
rectory or manse, church hall, church auditorium, Sunday school, parish hall, and
church day nursery.
"CIDERY" means a facility for the manufacture of cider and may include, in
combination therewith, a retail store and a tasting room for the sale of cider
produced on the same lot and interior.
"CINEMA" means a building or part thereof used for the showing or viewing of
motion pictures.
"CLINIC" means a building, or part thereof, intended for the use by any or all of the
following: physicians, dentists, denturists, drugless practitioners, opticians,
optometrists, chiropractors, their staff and their patients, for the purpose of
consultation, diagnosis and office treatment. Without limiting the generality of the
foregoing, waiting rooms, treatment rooms, laboratories and dispensaries, directly
associated with the clinic.
"CLUB, PRIVATE" means a building or premises located on privately owned lands,
operated on a non-profit basis for social, literary, cultural, political, educational or
recreational purposes, primarily for the exclusive use of members and their guests
and not open to the general public on an equal basis.
"COLLEGE" - see "SCHOOL".
"COMMERCIAL PARKING LOT" means an open area, other than a street, used
for the temporary parking of two or more vehicles for profit or gain.
"COMMERCIAL RECREATION ESTABLISHMENT" means the use of land,
building or structure for the purposes of buying and selling commercial
entertainment or recreation such as bowling, billiards, arcades, miniature golf,
19
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
water slides, amusement centres, etc. This definition does not include travel trailer
parks or campgrounds.
"COMMERCIAL SCHOOL" see "SCHOOL"
"COMMERCIAL STORAGE UNIT" means a building or buildings consisting of
individual units with personal vehicular access, used for the storage of goods,
wares, merchandise, foodstuffs, substances, articles or things, but does not
include a fuel storage tank except as an accessory use.
"COMMERCIAL VEHICLE" - see "VEHICLE".
"COMMUNITY CENTRE" means any tract of land, used for community activities
and not used for commercial purposes, and the control of which is vested in the
Municipality, a local board or agent thereof.
"CONSENT" means the approval to the severance of land pursuant to the
provisions of The Planning Act, as amended from time to time.
"CONSERVATION AUTHORITY" means the Essex Region Conservation
Authority, or any successors thereto.
"CONTINUUM-OF-CARE FACILITY" means a facility which may include a Senior
Citizens Apartment Building, and/or a Nursing Home and may include in
association with the Senior Citizens Apartment Building and/or Nursing Home such
facilities as hospitals, clinics, retirement lodges, recreation centres, cafeterias and
personal service establishment.
"CONTRACTOR'S YARD" - see "BUILDER'S YARD".
"CONVENIENCE STORE" means a retail food store, confectionery, delicatessen,
grocery store, or groceteria having a gross floor area of 300.0 square metres
(3,229 sq. ft.) or less, or as determined by the zone standards, where a variety of
both household and grocery items are offered for sale primarily to serve the daily
needs of people and may include the rental of videos, an automated banking
machine and/or depots for such items as film, laundry or dry cleaning.
"CORPORATION" means the Corporation of the Town of Amherstburg.
"COUNCIL" means the Municipal Council of the Corporation of the Town of
Amherstburg.
"COUNTY" means the Corporation of the County of Essex.
"COUNTY ROAD" means a street under the jurisdiction of the County.
20
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"COVERAGE" - see "LOT COVERAGE".
"CRUSHING PLANT" means an industrial establishment where aggregate is
processed through a crushing and sorting operation into various grades of gravel.
"DATA PROCESSING ESTABLISHMENT" means a building, or part thereof,
used for the input, processing and printing of computerized data.
"DAY CARE" means a building or part thereof duly licensed by the Province of
Ontario for use as a facility for the daytime care of children.
"DECK" means a platform made of wood, concrete or other similar material, that
has a height greater than .6096 metres above grade, projecting from a building or
freestanding, open to the sky, and intended for the purpose of outdoor dining,
lounging, and other similar accessory residential uses.
"DENSITY" means the ratio of dwelling units to lot area.
"DEPARTMENT STORE" means a large retail store which offers a wide selection
of merchandise in departments including most or all of apparel, housewares,
domestic goods, drugs, hardware, automotive supplies, sporting goods, toys,
furniture and appliances, and lawn and garden supplies.
"DERELICT MOTOR VEHICLE" means an inoperative motor vehicle which is not
currently licensed.
"DETACHED" means "not attached".
"DEVELOPMENT" means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of substantially increasing the size or
usability thereof, or the laying out and establishment of a commercial parking lot.
"DRIVE-THROUGH FACILITY" means a facility or structure that is designed to
allow drivers to remain in their vehicles before and during an activity on the site.
Drive-through facilities also include facilities designed for the rapid servicing of
vehicles, where the drivers may or may not remain in their vehicles, but where the
drivers usually either perform the service for themselves, or wait on the site for the
service to be rendered. Drive-through facilities may serve the primary use of the
site or may serve accessory uses. Examples include, but are not limited to: drive-
up windows; ATM machines, order boards or boxes; car wash facilities; auto
service facilities such as windshield washing stations; quick-lube or quick-oil
change facilities. This does not include a drive-through restaurant as defined
herein.
(By-law 2006-61)
21
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"DRIVEWAY" means a vehicle access provided between a street or lane and a
parking area or a loading space, or between two parking areas, but does not
include a parking aisle.
"DRY CLEANER'S DISTRIBUTION STATION" means a building used for the
purpose of receiving articles or clothing to be subjected to the process of dry
cleaning, dry dyeing or cleaning elsewhere and for the pressing and/or distribution
of any such articles or goods which have been subjected to any such process.
"DRY CLEANING AND LAUNDRY DEPOT" means a building used for the purpose
of receiving articles of clothing to be subjected to the process of dry cleaning, dry
dyeing or cleaning elsewhere or on the premises if the processing element is
restricted to closed, unvented dry cleaning equipment, and for the pressing and/or
distribution of any such articles or goods which have been subjected to any such
process.
"DRY CLEANING AND LAUNDRY PLANT" means a building where dry cleaning,
dry dyeing, cleaning or pressing of articles of clothing is carried on.
"DRY CLEANING ESTABLISHMENT" means a building where dry cleaning, dry
dyeing, cleaning or pressing of articles or clothing is carried on, and
(i)
in which only non-inflammable solvents are or can be used which emit no
odours or fumes; and
(ii)
in which no noise or vibration causes a nuisance or inconvenience within or
without the premises.
"DUPLEX DWELLING" - See "DWELLING, DUPLEX DWELLING".
"DUPLICATING SHOP" means a premises engaged in reproducing drawings,
plans, maps or other copy, by computer graphics, blueprinting, photocopying or
small offset process.
"DWELLING" means a building, occupied or designated to be occupied exclusively
as a home, residence or sleeping place by one (1) or more persons, but shall not
include hotels, boarding, lodging, or rooming houses, tourist homes, nursing
homes, motels, institutions, or travel trailers.
"APARTMENT BUILDING" means a residential building containing
four or more dwelling units to each of which access is obtained
through a common entrance or entrances from the outside and
through a corridor or hallway from the inside.
"APARTMENT BUILDING, SPECIAL NEEDS" means an
apartment building designed for the accommodation and
22
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
occupancy by elderly and/or physically handicapped persons
which is owned and managed by a public housing authority or
non-profit organization or a charitable institution, and which may
be associated with a church.
"CONVERTED DWELLING" means an existing dwelling con-
structed as a single or semi-detached unit on an existing lot in
which the number of dwelling units has been increased without
significant alteration to the exterior of the building except for the
required fire escapes, extra windows and entrances to a maximum
of 10 percent (10%) of the dwelling or 30.0 square metres,
whichever is the lesser, and provided that the building, when
converted, complies with the provisions of the Building By-law and
the parking provisions of this By-law.
"DUPLEX DWELLING" means the whole of a dwelling other than a
converted dwelling that is divided horizontally into two separate
dwelling units each of which has an independent entrance either
directly from the outside or through a common vestibule.
"FOURPLEX DWELLING" means the whole of a dwelling that is
divided horizontally and/or vertically into four separate dwelling
units, each of which has an independent entrance either directly
from the outside or through a common entrance.
"MODULAR DWELLING" means a prefabricated single unit
dwelling being so constructed or assembled that the shortest side
of such dwelling is not less than 6.096 metres (20 feet) in width.
"MULTIPLE DWELLING" means a dwelling containing more than
three dwelling units.
"ROWHOUSE" means a building divided vertically into three or
more attached dwelling units by common walls extending from the
base of the foundation to the roof line, each dwelling unit having a
separate entrance at grade, and so located on a lot that individual
units may not have legal frontage on a public street.
"SEASONAL FARM" means a dwelling that is used for not more
than six (6) months in any given year for the housing of seasonal
farm labour and their families and may include a mobile home.
"SEMI-DETACHED DWELLING" means a pair of two attached
single dwellings with a common wall, dividing the pair of single
23
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
dwellings vertically, each of which has an independent entrance
either directly from the outside or through a common vestibule.
"SEMI-DETACHED DWELLING UNIT" means one of a pair of two
attached single dwellings with a common wall, dividing the pair of
single dwellings vertically, each of which has an independent
entrance either directly from the outside or through a common vesti-
bule.
"SINGLE DETACHED DWELLING" means a single dwelling which
is freestanding, separate and detached from other main buildings or
main structures, including a split level dwelling, but does not include
a mobile home.
"SINGLE DWELLING" means a dwelling containing not more than
one dwelling unit as the sole main use thereof, with or without
uses accessory thereto.
"STREET ROWHOUSE" means a rowhouse with each unit on a
separate lot and having legal frontage on a public street.
"TRIPLEX DWELLING" means the whole of a dwelling that is
divided horizontally and/or vertically into three separate dwelling
units each of which has an independent entrance either directly
from the outside or through a common entrance.
"DWELLING UNIT" means one (1) or more habitable rooms occupied or designed
to be occupied by an individual or group of individuals as an independent and
separate housekeeping establishment in which separate kitchen and sanitary
facilities are provided for the use of such individual or group of individuals, with a
private entrance from outside the building or from a common hallway or stairway
inside the building.
"DWELLING UNIT, SECONDARY" means a dwelling unit ancillary and
subordinate to an owner occupied primary single detached, semi-detached, or
rowhouse dwelling unit, in which food preparation, eating, living, sleeping and
sanitary facilities are provided for the exclusive use of the occupant thereof.
(By-Law 2019-084)
"DWELLING UNIT AREA" - see "FLOOR AREA".
"EASEMENT" shall have the meaning attributed to it in the definition of Right-of-
Way.
24
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"EATING ESTABLISHMENT" means a building or part of a building where food is
offered for sale or sold to the public for immediate consumption or take-out and
includes such uses as a restaurant, cafe, cafeteria, ice cream parlour, tea or lunch
room, dairy bar, coffee shop, snack bar, or refreshment room or stand, but does
not include a boarding house or lodging house.
"ELECTRICAL AND ELECTRONIC PRODUCTS INDUSTRY" means an industry
involved in the production of appliances, lighting products, audio and video
recording, receiving, sending and playing products, communications products,
business machine products, electrical transformers and switches, energy, wire and
cable products, but shall not include electrical generation equipment or battery
products.
"EMERGENCY CARE ESTABLISHMENT" means an institutional use that provides
a means of immediate, temporary accommodation and assistance for a short-term
period, generally less than one week for the majority of the residents. "Emergency
care establishments" are distinct from "group homes" in that the former has a
shorter length of stay, and that their capacity usually exceeds eight residents
(excluding staff or the receiving family).
"EMISSION" means any corrosive gasses, dust, fly ash, electromagnetic fields,
heat, glare, odours, smoke, toxic gasses or radiation issuing from a building,
structure or lot.
"ERECT" means to do anything in the erection, building, construction,
reconstruction, installation, enlargement, extension, material or structural
alteration or repair of a building or structure and shall include any preliminary
physical operations such as excavating, grading, piling, cribbing, filling or draining,
the relocation of a building or structure, the installation of a building unit fabricated
or removed from elsewhere, and the demolition or removal of a building or any part
thereof and further includes any work for which a building permit is required under
the Building By-law of the Corporation.
"ERECTED" and "ERECTION" have corresponding meanings.
"ESTABLISHMENT", when used as part of a definition for a specific use, means a
building or structure or use that is a place of business or manufacturing or public
or private institution not intended to be interpreted as a retail store for the purposes
of this By-law.
(By-law 2006-40)
"EXISTING", means legally existing as of the date of the passing of the By-law.
25
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"EXPEDITIOUSLY" means that at least 10 percent of the total project is being
completed in any given month.
"FACTORY OUTLET" means a building or part thereof accessory to, and clearly
secondary to, an industrial use or a service trade, wherein products manufactured,
produced, processed or stored on the premises are kept or displayed for wholesale
or retail sale, or wherein orders are taken for the delivery of such products.
"FARM SALES OUTLET" means a building, structure or use accessory to a farm
and engaged in the storage, handling and sale of farm produce or agricultural
materials, including landscaping and garden supplies but not necessarily from that
farm.
"FARM EQUIPMENT SALES AND SERVICE ESTABLISHMENT" means a lot,
building or structure where the business of selling, renting or leasing of new or
used farm equipment and machinery, or both, is conducted and may include the
display, storage and sale of such equipment; the servicing and repair of such
equipment; the storage, display and sale, renting or leasing of related accessories
and products; and, offices, show rooms and sales rooms.
"FINANCIAL INSTITUTION" means an establishment which provides money
management services directly to the public, including a bank, trust company, credit
union, securities dealer, finance companies and stock brokers, but not including
the internal offices or administrative offices which shall be considered to be offices
for the purposes of this By-law.
"FINISHED GRADE" means, when used in reference to a building or structure, the
average elevation of the finished surface of the ground immediately adjoining the
base of the exterior walls or supports of such building or structure.
"FLOODWAY" means the area of land adjacent to a watercourse or municipal drain
which is subject to deeper, faster flows, and which acts as the flood channel under
regulatory storm conditions. For the purposes of this By-law, the floodway is
defined as a setback area of 15.24 metres (50 feet) measured from the top of bank
of a watercourse or drain.
"FLOOR AREA" means the area of the floor surface of a storey or part thereof.
"DWELLING UNIT AREA" means the aggregate of the floor areas
of all habitable rooms, hallways, and lobbies within a dwelling unit,
excluding the thickness of any exterior walls.
"GROSS FLOOR AREA" means the aggregate of the floor areas of
all storeys of a building or structure, other than an attic or a cellar,
excluding the floor areas of any private garage.
26
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"NET FLOOR AREA" means that portion of the gross floor area of
a building which is used exclusively for a non-residential use
defined herein or specifically named elsewhere in this By-law, but
excluding:
any part of such building used for any other non-
residential uses which are defined herein or specifically
named elsewhere in this By-law;
any part of such building used as a dwelling unit, a public
concourse, an elevator shaft, or a common hallway or
stairway not used exclusively by the said non-residential
use;
any part of such building used solely for the storage of
electrical equipment or of equipment to heat, cool or
otherwise control the environment of such building or a
portion thereof;
any part of such building used as a lavatory, a washroom,
a locker room or a cloak room; and
the thickness of any exterior walls of such building.
"FLORIST SHOP" means a retail store devoted to the sale of flowers, indoor plants
and arrangements thereof.
"FOOD PROCESSING PLANT" means a building or part thereof, other than a
restaurant or catering establishment in which agricultural products are prepared,
processed, preserved, graded or stored for eventual human consumption, and
includes a flour mill, a dairy, a bakery, a grain elevator or an egg grading station,
but does not include an abattoir or any premises used for the slaughtering of
animals or the boiling of blood, tripe or bones.
"FOOD STORE" means a retail store selling food and associated small household
items, and having a gross leaseable floor area of less than 2000.0 square metres
(21,528 sq. ft.) or as determined by the zone standard.
"FOOD VEHICLE OR TRAILER" means a portable trailer or vehicle used
commercially for the preparation and sale of food and may include picnic tables or
an incidental eating area. (By-law 2006-61)
27
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TOWN OF AMHERSTBURG
"FORESTRY USE" means the general raising and harvesting of wood, and without
limiting the generality of the foregoing, includes the raising and cutting of fuel wood,
pulp wood, lumber, Christmas trees, and other forest products produced on the
same lot.
"FOSTER HOME" means a single housekeeping unit in a dwelling, in which
individuals may be placed with Foster Parents to gain a family life experience, the
said home being affiliated with a recognized social agency. The number of indi-
viduals placed at any one time shall not exceed four persons.
"FRONTAGE" - see "LOT FRONTAGE".
"FRONT YARD" - see "YARD".
"FUEL PUMP ISLAND" means that portion of an automobile service station, public
garage or portion of a non-residential use for the retail sale of automotive fuels,
that includes the fuel pumps, concrete base, overhead canopy and kiosk, but shall
not include any part of any building for the repair or service of vehicles.
"FUEL STORAGE TANK" means a tank for the bulk storage of petroleum gasoline,
fuel oil, gas or inflammable liquid or fluid but does not include a container for
inflammable liquid or fluid legally and properly kept in a retail store or a tank for
storage merely incidental to some other use of the premises where such tank is
located.
"FUNERAL HOME" means a building or part thereof wherein a licensed undertaker
prepares corpses for interment and may include a chapel for funeral services.
"GARAGE, PRIVATE" means an accessory building or structure, or a portion of a
building, which is used or intended to be used for the sheltering of vehicles and in
which there are no facilities for repairing or servicing such vehicles for gain or profit,
and includes a partially enclosed carport.
"GARAGE, MUTUAL" means a private garage which:
contains sufficient space for the parking of not less than
two vehicles;
is situated astride a common side lot line between two
adjacent lots; and
is accessory to a main use on each of such lots.
"GARAGE, PUBLIC" means a building or structure other than a private garage
which is used for the care, repair or equipping of motor vehicles, or
28
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
where such vehicles are parked or stored for remuneration, hire or
sale.
"GARDEN CENTRE" means a lot, building or structure or part thereof, used for
the wholesale and retail sale of trees, shrubs, plants, soil, landscaping supplies,
fertilizers and similar materials and may include an associated landscape
contracting business.
"GAS BAR" means an establishment designed for the retail sale of gasoline motor
car fuel, diesel fuel, propane, other similar products, lubricating oil and allied
additives and the introduction of such materials into vehicles but does not include
the provision of mechanical services to vehicles.
"GENERAL MANUFACTURING" means the use of land, building or structure
designed for the purpose of manufacturing, assembling, making, preparing,
inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or
storing or adapting for sale of any goods, substance, article or thing, including the
storage of building and construction equipment and materials, but not including
any mine, pit, quarry, or oil well, nor any restricted use.
"GENERAL OFFICE" means any building or part of a building in which one or more
persons are employed in the management, direction or conducting of an agency,
business, brokerage, labour or fraternal organization, but excludes such uses as
retail sale, manufacture, assembly or storage of goods, or places of assembly and
amusement.
"GOLF COURSE" means a public or private area operated for the purpose of
playing golf including a par three (3) golf course and associated practice area but
does not include driving ranges, miniature courses and similar uses operated for
commercial purposes.
"GRADE or GRADE, AVERAGE FINISHED" means the average level of finished
ground adjoining a building or structure at all exterior walls, as determined by the
Chief Building Official.
"GRADE LEVEL" means the level of any lots, measured above sea level according
to Geodetic Datum, 15.24 centimetres (6 inches) above the normal crown level of
the road, measured above sea level according to Geodetic Datum, upon which the
lot abuts. Where a lot abuts on two (2) or more streets, the grade level shall be the
mean of the grade levels calculated with reference to the different streets. If the
natural level of the ground is higher than as above stipulated, then the average
natural level of the ground shall be taken as the grade level.
"GRAVEL PIT" means any pit or excavation made for the purpose of searching for,
or the removal of any soil, earth, clay, marl, sand or gravel for commercial and/or
29
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
municipal purposes but shall not include a stone quarry as defined herein, an
excavation incidental to the erection of a building or structure for which a building
permit has been granted by the Corporation, or an excavation incidental to the
construction of any public works.
"GREENHOUSE, COMMERCIAL" means a building used for the growing of
flowers, fruits, vegetables, plants, shrubs, trees and similar vegetation which are
not necessarily transplanted outdoors on the same lot containing such
greenhouse, but are sold directly from the lot either at wholesale or retail, but does
not include Cannabis Production Facility
(By-Law 2019-075).
"GREENHOUSE, FARM" means a building used for the growing of plants, shrubs,
trees and similar vegetation which are transplanted outdoors on the same lot
containing such greenhouse, but does not include Cannabis Production Facility
(By-law 2019-075).
"GROUP HOME TYPE 1 AND 2"
"GROUP HOME TYPE 1" means a single housekeeping unit in
which 4 to 10 residents (excluding staff or the receiving family), live
as a family under responsible supervision consistent with the
requirements of its residents. A Group Home Type 1 may provide
accommodation, supervision and treatment for: persons with
developmental (and/or physical) disabilities pursuant to the Homes
for Retarded Persons Act, or the Developmental Services Act;
individuals over 60 years of age as a satellite residence under the
Homes for the Aged and Rest Homes Act; for children under the
age of 16 under the Children's Residential Services Act; for persons
under the Mental Hospitals Act and the Homes for the Special Care
Act; and for persons under the Charitable Institutions Act. A Group
Home Type 1 does not include an Emergency Care Establishment
or a Group Home Type 2, as defined by this By-law.
"GROUP HOME TYPE 2" means a residence maintained and oper-
ated primarily for: persons who have been placed on probation
under the provisions of the Probation Act, the Criminal Code of
Canada, the Young Offenders Act, or any Act passed to replace the
foregoing Acts; or who have been released on parole under the
provisions of the Ministry of Correctional Services Act or Parole
Board of Canada, or any Act passed to replace the foregoing Acts;
or has been charged under the Young Offenders Act but who has
been placed in open or secure custody. The number of persons
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DEFINITIONS
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TOWN OF AMHERSTBURG
residing therein shall be up to eight excluding staff. A Group Home
Type 2 may include a Group Home Type 1 and a Supervised Resi-
dence.
"HABITABLE AND NON-HABITABLE ROOM"
(a) "HABITABLE ROOM" means a room which:
(i) is located within a dwelling unit;
(ii) is designed for living, sleeping or eating or for sanitary purposes;
(iii) can be used at all times throughout the year; and
(iv) is not located within a cellar.
(b) "NON-HABITABLE ROOM" means any room located within a dwelling unit but that
is not a habitable room, including, but not so as to limit the generality of the
foregoing, a laundry room, a pantry, a lobby, a communicating corridor, a stairway,
a closet, a sunroom, a verandah, a porch, a balcony, a private garage, an
unfinished attic, a cellar, a boiler room and any space used for the service and
maintenance of such dwelling or for vertical travel between storeys.
"HAIRDRESSING ESTABLISHMENT" means a service commercial establishment
providing a personal service to men, women or children by shampooing, cutting,
styling, tinting or treatment of hair, by giving manicures, pedicures, facial treat-
ments, scalp massages or by the use of cosmetic products and, without limiting
the generality of the foregoing, includes a barber shop and beauty salon.
"HEIGHT" or "BUILDING HEIGHT", when used in reference to a building or
structure, means the vertical distance between the horizontal plane through the
average finished grade and a horizontal plane through:
(i)
the highest point of the roof assembly in the case of a building with a flat
roof or deck roof, or in the case of an accessory structure;
(ii)
the average level of a one (1) slope roof, provided that a roof having a slope
of less than twenty (20) degrees with the horizontal shall be considered a
flat roof;
(iii)
the roof deck line, in the case of a mansard roof;
(iv)
the average level between eaves and ridges in the case of a roof type not
mentioned in Subsections (a), (b) and (c) immediately preceding;
(v)
where an exterior wall extends above the top of the roof of a building, the
topmost part of such exterior wall.
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"HERITAGE BUILDING" means a building designated under Part IV of The Ontario
Heritage Act.
"HIGHWAY", "STREET" or "ROAD" means a public way for purposes of vehicular
and pedestrian travel, including the entire area within the right-of-way, with or
without provision made for curbs, sidewalks, and paved gutters, and owned or
maintained by a public authority.
"HOME AND AUTO SUPPLY STORE" means a retail store devoted to the sale of
merchandise for the home and automobile including such goods as paint,
hardware, electrical, plumbing, housewares, home appliances, sporting goods,
lawn and garden supplies, and automobile supplies, and may include an asso-
ciated automobile repair garage and gas bar.
"HOME APPLIANCE STORE" means a retail store devoted to the sale of household
equipment such as major and small appliances, electronic devices, computers,
and audio or visual equipment.
"HOME DECORATING STORE" means a retail store devoted to the sale of goods
and materials required for decorating the interior of a home or office, including floor,
wall and window coverings, lighting fixtures, bathroom and kitchen fixtures and
accessories.
"HOME FURNISHINGS STORE" means a retail store devoted to the sale of
movable contents of a room, home or office. Such goods may include furniture,
light fixtures, clocks, organs or pianos, carpet and indoor window coverings.
"HOME IMPROVEMENT STORE" means a retail store devoted to the sale of goods
or materials associated with the furnishing and decorating of a home and includes
a home decorating store, a home furnishing store or a home appliance store.
"HOME OCCUPATION" means the use of part of a dwelling unit for an occupation
which provides gain or support, for at least one (1) of the permanent residents of
such dwelling unit and which is clearly secondary to the main use of the dwelling
unit as a private residence. Also included as home occupations are Ministry
licensed home child care establishments that, for remuneration, provide temporary
care to not more than five children.
"HOME OCCUPATION, AGRICULTURAL" means the use of part of a main or
accessory building for an occupation for gain or support which serves agricultural
uses.
"HOMES FOR THE AGED" means a building for the aged established and
maintained under the Homes for the Aged Act.
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"HOMES FOR THE AGED, REST HOME" means a building for the aged
established and maintained under the Homes for the Aged and Rest Homes Act.
"HOSPITAL" means a hospital as defined in The Private Hospitals Act, as amended
from time to time, or a sanitorium as defined in The Private Sanitorial Act, as
amended from time to time, or a hospital as defined by the Public Hospitals Act, as
amended from time to time.
"HOTEL" means any hotel, motel, tavern, inn, lounge, lodge, or public house in one
(1) main building or in two (2) or more connected or adjacent buildings designed
and used mainly for the purposes of catering to the needs of the travelling public
by supplying food, refreshments or both and furnishing sleeping accommodation
of not less than six (6) guest rooms, each having no facilities for cooking or
housekeeping , and provided that each guest room may only be entered from the
interior of the building, and shall include all such buildings operating under the
Liquor Licence Act, and the Tourism Act, as amended from time to time. A "Hotel"
does not include a rooming house, boarding house, multiple family dwelling or
apartment hotels.
"HOUSEHOLD SALE/GARAGE SALE" means the sale by an occupant of a
dwelling unit, on his own premises, of household goods belonging to him.
"HOUSEHOLD PET" means a domestic animal that by nature of its temperament
or appearance is taken into the care of one or more persons for the purpose of
personal enjoyment or protection which normally spends time in the dwelling unit
of the owner at least once each day, and shall include specifically, caged birds,
caged rodents or rabbits, cats, dogs, tropical fish, and non-poisonous indigenous
reptiles.
"IMPOUNDING YARD" means a place to which disabled motor vehicles, and motor
vehicles or other mobile equipment impounded for a breach of the law, may be
taken or towed and stored temporarily until reclaimed, but does not include an
automobile service station, gas bar, or salvage yard.
"INDUSTRIAL USE" means the use of any land, building or structure for the
purpose of manufacturing, processing, assembling, making, preparing, inspecting,
ornamenting, finishing, treating, altering, repairing, warehousing, storing or
adapting for sale, any goods, substance, article or thing, or any part thereof, and
the storage of building and construction equipment and materials, as distinguished
from the buying and selling of commodities and the supplying of personal services.
Transportation terminals would also be considered as an industrial use.
INDUSTRIAL USE, NON-EFFLUENT PRODUCING" means an industrial use
which either does not discharge waste water or discharged waste water from one
or more of the following sources only:
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TOWN OF AMHERSTBURG
(a)
sanitary sewage from employee washrooms;
(b)
storm water drainage;
(c)
water used for indirect cooling of equipment and ancillary purposes.
"INSTITUTIONAL" means any land, building or part thereof used for a non-
commercial purpose by any organization, government agency or group, for
charitable, education or benevolent objectives but excluding a private club, mental
hospital or any place of detention or correction.
"INTERIOR SIDE YARD" - see "YARD".
"KENNEL" means a place where dogs or other domestic animals other than poultry
are bred and raised and are sold or kept for sale.
"LABORATORY" means a building, or part thereof, used for scientific, medical
and/or dental testing, experimentation and/or research.
"LANDSCAPED OPEN SPACE" means an open area of land which is:
(a)
unoccupied by any building or structure;
(b)
situated at ground level on a lot; and
(c)
used or intended to be used for the growth and maintenance of grass,
flowers, shrubs, bushes, trees and other vegetation, and for the provision of
other landscaping features including, but not necessarily restricted to,
planting strips, facilities for outdoor recreation, play areas, surfaced walks
and patios;
but does not include any part of a driveway or parking area, regardless of surface
composition, or any roof-top terrace, balcony, or space enclosed within a building.
"LANE" means a walkway, emergency access or any other passageway or right-
of-way, open from ground to sky, not constituting a street but laid down upon a
registered plan and dedicated to public use, as a right-of-way for use in common
by adjacent land owners.
"LARGE SCALE WIND ENERGY SYSTEM" means wind energy system comprising
one or more turbines with a combined nameplate generation capacity of 500
kilowatts or more, or a height greater than 100 metres.
(By-law 2008-55, 56, 57)
"LAUNDROMAT" means a self-serve clothes washing establishment containing
one or more washing and drying, ironing, finishing or other incidental equipment.
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"LEGAL" or "LAWFUL", when used in reference to a use, a lot, a building or a
structure, means a use, a lot, a building or a structure allowed by law, which
complies with any and all restrictions lawfully imposed by the Corporation or by
any governmental authority having jurisdiction to make such restrictions or
regulations.
"LEGAL SIGN" - see "SIGN".
"LIBRARY, PUBLIC" means a library, branch library or distributing station under
The Public Libraries Act, as amended from time to time, or any successor thereto.
"LICENCED CANNABIS PRODUCTION FACILITY" means the use of land,
buildings or structures for the cultivation, processing, testing, destruction,
packaging and/or shipping of cannabis or marihuana as approved and regulated
by Health Canada.
(By-Law 2019-075)
"LIGHT MANUFACTURING" means the manufacturing, assembly or processing of
component parts to produce finished products suitable for retail trade and does not
include food, beverage, tobacco, rubber, leather, textile and knitting, wood,
printing, metal fabricating or similar industries if these operations involve stamping
presses, furnaces or machinery that can be perceived by sound or odour outside
of the building.
"LIVESTOCK FACILITY" means a barn, building or structure where animals are
housed or intended to be housed, including a beef feedlot, and shall also include
associated manure storage facilities.
"LIVESTOCK HOUSING CAPACITY" means the total maximum number of
livestock that can be accommodated in a livestock facility at any one time.
"LIVESTOCK UNIT" means the equivalent value for various types of animals and
poultry based upon manure production and production cycles, as set out in
definition for Animal Unit.
"LOADING SPACE" means an off-street space or berth located on the same lot as
a permitted use and used for the parking of a commercial vehicle, loading or
unloading merchandise or materials pertinent to such permitted use.
"LODGING HOUSE" means:
a building in which residential accommodation is provided or is
intended to be provided for hire or gain in which each lodger does
not have access to all the habitable areas of the building, consisting
of:
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DEFINITIONS
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a dwelling unit, together with more than three lodging units which lodging
units individually or collectively do not constitute separate dwelling units;
or
more than three lodging units, which lodging units individually or
collectively do not constitute a dwelling unit; or
a building in which lodging is provided for more than three persons, with
or without meals.
A lodging house shall include a rooming house, a boarding house, a fraternity and
sorority house, but shall not include a hotel, motel, hostel, hospital or nursing home
if licensed, approved or supervised under any general or special act other than the
Municipal Act, or a residence of an educational institution.
"LOT" means a parcel of land described in a deed or other document legally capable
of conveying land or shown as a lot or block on a registered plan of subdivision,
other than a registered plan of subdivision which has been deemed not to be a
registered plan of subdivision by a By-law passed pursuant to Section 51 of the
Planning Act, 1990 as amended from time to time, or any successors thereto, and
does not include a water lot as defined herein.
"LOT AREA" means the total horizontal area within the lot lines of a lot.
"LOT CORNER" means a lot situated at the intersection of and abutting two or more
streets, provided that the angle of intersection of such streets is not more than
135°.
"LOT COVERAGE" means that percentage of the lot area of a lot covered by the
perpendicular projections onto a horizontal plane of the floor areas of all buildings
or mobile homes on the lot, excluding balconies, canopies and overhanging eaves
which are 2 metres or more in height above finished grade.
"LOT DEPTH" means:
(a)
the shortest horizontal distance between the rear lot line and the front lot
line of a lot, where such lot lines are parallel;
(b)
the average horizontal distance between the rear lot line and the mid-point
of the front lot line of a lot, where such lot lines are not parallel; or
(c)
the horizontal distance between the mid-point of the front lot line and the
point of intersection of the side lot lines of a lot, where there is not rear lot
line.
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"LOT FRONTAGE" means the horizontal distance between the side lot lines of a
lot, such distance being measured along a line which is parallel to the front lot line
of the lot at the minimum front yard depth required hereby on such lot.
"LOT - INTERIOR" means a lot other than a corner lot.
"LOT LINE" means any boundary of a lot or the vertical projection thereof.
"FRONT LOT LINE" means:
in the case of an interior lot, the street line of the lot;
in the case of a corner lot, either street line of the lot, whereas the other street
line shall be deemed an exterior side lot line; or
in the case of a through lot, either street line of the lot, whereas the other street
line shall be deemed a rear lot line.
"REAR LOT LINE" means, in the case of a lot having 4 or more lot lines, the lot line
farthest from and opposite to the front lot line, except that where a lot has only 3 lot
lines there shall be deemed to be no rear lot line.
"SIDE LOT LINE" means a lot line other than a front or rear lot line.
"EXTERIOR SIDE LOT LINE" means a side lot line that is also a street line.
"INTERIOR SIDE LOT LINE" means a side lot line other than exterior side lot line.
"INTERIOR LOT LINE" means a lot line other than a street line.
"LOT OF RECORD" means a lot that legally exists at the date of passing of this
By-law.
"LOT - THROUGH" means a lot bounded on two sides by a street; provided,
however that if any lot qualifies as being both a corner lot and a through lot, such
lot shall be conclusively deemed to be corner lot.
"LOT, WATER" means an area of a lot or the whole of a lot that is covered by water
for most of the year and although it may be conveyed, is not a lot for the purposes
of building or a lot to be calculated as part of the regulations of this By-law.
"M²" means square metres.
"MACHINE SHOP" - See "SERVICE SHOP".
37
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TOWN OF AMHERSTBURG
"MAIN", when used to describe a use, a building or a structure, means a use or
structure which constitutes, or a building in which is conducted, a principal use of
the lot on which such use, building or structure is located.
"MAIN WALL" means the exterior front, side or rear wall of a building, and all
structural members essential to the support of a fully enclosed space or roof.
"MANUFACTURING AND ASSEMBLY INDUSTRY" means a building or part
thereof used for a broad range of manufacturing, fabricating and assembly indus-
tries, and includes household waste recycling depots, but excludes paper and
allied products industries, food, tobacco and beverage processing, processed
goods, armaments, munitions and explosives manufacturing industries, and any
noxious use. Noxious uses are such uses are listed under Section 3(27)(a) of the
General Provisions Section of this By-law.
(By-law 2016-32)
"MARINA" means an area or establishment, with or without buildings, providing
facilities or services for boats or persons travelling by boat, and operated on a
commercial basis or by a company or group of persons such as a club organized
for pleasure or recreational purposes, and may include slips, docks, moorings,
waste disposal arrangements, fuelling facilities, boat storage, the sale, rental or
repair of boats, boat motors, or boat accessories and the provision of refreshments.
"MARKET GARDEN" means the land used for the growing of vegetables, berry fruit
crops, flowers and mushrooms, nurseries and nursery sales stations and
greenhouses.
"MEDICAL/DENTAL OFFICES" - See "OFFICES, MEDICAL/DENTAL".
"MEDIUM SCALE WIND ENERGY SYSTEM" means any wind energy system with
a nameplate generating capacity greater than 50 kilowatts and less than 5000
kilowatts and has a maximum height of 100 metres and may be the primary
permitted use or may be ancillary to a primary permitted use.
(By-law 2008-55, 56, 57)
"MERCHANDISE SERVICE SHOP" means a building or part thereof wherein
articles or goods, other than vehicles or industrial toolage, are repaired or serviced,
or where replacement parts for such articles or goods are offered for sale or a
depot to collect, ship and receive such articles to be repaired or renewed.
38
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"MICRO-DISTILLERY" means the use of lands, buildings and structures for the
production of spirits. A micro-distillery may include a production area, a warehouse
and an accessory retail outlet for the sale of spirits produced on the same lot.
(By-law 2014-113)
"MICRO SCALE WIND ENERGY SYSTEM" means any wind energy system with
a nameplate generating capacity that does not exceed 1 kilowatt and has a
maximum height of 17 metres and is ancillary to a primary permitted use.
(By-law 2008-55, 56, 57)
"MINIATURE GOLF COURSE" means an area of land or a building, structure or
premises or part thereof, operated for profit or gain as a commercial place of
amusement in which facilities are provided to simulate the game of golf or any
aspect of the game on a small scale, but does not include a golf ball driving range.
(By-law 2017-11)
"MOBILE HOME" means any dwelling that is designed to be made mobile,
regardless of whether the running gear has been removed, and constructed or
manufactured to provide a permanent residence for one or more persons, but does
not include a travel trailer or tent trailer or trailer otherwise defined or a recreational
vehicle.
"MOBILE HOME LOT" means a parcel of land within a mobile home park which is
used as the site of, and pertains to, not more than one mobile home.
"MOBILE HOME PARK" means a parcel of land containing two or more mobile
home lots, with or without any buildings, structures or uses accessory thereto.
"MOTEL" means a building, a part of a building or a group of buildings used for the
purpose of providing accommodation, with or without food or other refreshments,
to the travelling public, including, but not so as to limit the generality of the
foregoing, a motor court, auto court, motor hotel, tourist home and any hotel as
defined in The Hotel Registration of Guest Act, as amended from time to time, or
any successors thereto.
"MOTOR HOME" means a self-propelled vehicle designed for temporary living,
sleeping and eating accommodation of persons and includes a camper pickup and
camper van.
"MOTOR VEHICLE" means a wheeled, self-propelling vehicle for the transportation
of passengers or goods or both passengers and goods, and without limiting the
generality of the foregoing, includes automobiles, trucks, buses,
39
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
ambulances, hearses, motor homes, and tractors and other self-propelled farm
machinery.
"MOTOR VEHICLE, COMMERCIAL" means a motor vehicle as defined above that
is used for commercial, industrial or any other non-private purposes.
"MUNICIPAL DRAIN" means drainage works constructed and maintained under
the provisions of The Drainage Act, as amended from time to time.
"MUNICIPALITY" means The Corporation of the Town of Amherstburg.
"NAVIGABLE WATERWAY" means a navigable body of water or stream as
deemed under the Beds & Navigable Waters Act or its successor.
"NON-COMPLYING" means a lot, building, or structure which is existing but does
not meet, comply or agree with the regulations of this By-law.
"NON-CONFORMING" means a use which is existing but not permitted in the zone
in which the said use is situated.
"NURSERY AND GARDEN STORE" means the use of land, buildings or structures,
or part thereof, where trees, shrubs or plants are grown or stored for the purpose
of transplanting for use as stocks for building or grafting or for the purpose of retail
or wholesale.
"NURSING HOME" means a building wherein lodging, meals, personal care,
nursing services, and medical care and treatment may be provided for gain or profit
or as a charitable public service and includes a rest home or a convalescent home,
but does not include a hotel, motel or hospital as defined herein.
"OFFICE, BUSINESS" means a building or part thereof in which the administrative
functions of agencies, foundations, brokers, labour or fraternal organizations are
carried out and includes a service office, but does not include medical/dental
offices, professional offices, support offices, financial or general offices, unless
specified as permitted within this definition.
"OFFICE, GENERAL" means a building or part of a building or any room or suite
of rooms designed, intended or used for the conduct of a profession, occupation
or business, but shall not include the office of a veterinarian, the retailing of
merchandise, the manufacturing, repairing or storage of goods or any place of
assembly or amusement.
"OFFICE, MEDICAL/DENTAL" means an office or offices in which the practice of
the professions of medicine, psychiatry, dentistry or optometry is carried on or in
which the treatment by osteopathy or chiropractic is carried out.
40
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
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"OFFICE, PROFESSIONAL" means any office used by professionally qualified
persons, for the purposes of giving advice, consultation or treatment to clients or
patients.
"OFFICE, SERVICE" means a building, or part thereof, in which one or more
persons is employed in the management, direction or conducting of a travel
agency, an insurance agency, or a real estate agency.
"OFFICE SUPPLY OUTLET" means a retail store devoted to wholesale and retail
sale of office supplies and school supplies, such as paper products, information
processing supplies, files and furniture.
"OPEN STORAGE" means the storage of goods and materials, or the display and
sale of goods and materials, including vehicles for hire or sale, outside a building
as defined herein.
"OPEN STORAGE AREA" means an area of land used for open storage purposes.
"OUTDOOR DISPLAY AND SALES AREA" means an area set aside out of doors,
covered or uncovered, to be used in conjunction with an established use or
business located in adjacent permanent premises for the display or sale of fresh
produce and new goods or merchandise.
"OUTDOOR PATIO" means an area set aside out of doors, covered or uncovered,
for the use of patrons as a licensed restaurant in connection with, and in addition
to, the operation of an adjacent restaurant.
"OUTDOOR RECREATIONAL USES" means any form of play, amusement or
relaxation, such as games or sports, carried on completely in the open air and not
requiring any buildings for the recreational use itself although accessory buildings
for related facilities may be required such as for administrative or office purposes,
storage, and accessory food facilities; but does not include war games as defined
in Section 2(339) of this By-law.
"PAPER AND ALLIED PRODUCTS INDUSTRY" include pulp and paper indus-
tries; the asphalt roofing industry; the paper box and bag industry; and other
converted paper products industries.
"PARK" means an area of land, consisting primarily of landscaped open space,
used primarily for active or passive recreational purposes or as a conservation
area, with or without related recreational buildings, structures or facilities including,
but not necessarily restricted to a recreational playground, a golf course, a driving
range, a play area, a band stand, a skating rink, a horticultural greenhouse, a
bowling green, a tennis or badminton court, a play field, a race track, a swimming
41
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DEFINITIONS
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TOWN OF AMHERSTBURG
area, a wading pool, a boating pond or lake, a watercourse, a campground, a
refreshment booth, or a picnic area.
"PUBLIC PARK" means a park owned or controlled by a public
agency.
"PRIVATE PARK" means a park other than a public park, regardless
of whether or not such park is maintained or operated for gain or
profit, but does not include an amusement park in which rides,
games of chance and the sale of food, beverages, toys and
souvenirs constitute the main uses.
"AMUSEMENT PARK" means a recreational and amusement
facility or site that may include a variety of buildings or structures
directly related to recreational and amusement uses.
"PARKING AISLE" means a portion of a parking area which abuts, on one or more
sides, parking spaces to which it provides access, and which is not used for the
parking of vehicles.
"PARKING AREA" means an area or structure, including a private garage, provided
for the parking of vehicles, and includes any related parking aisles, parking spaces
and structures, but does not include any part of a street or lane.
"PARKING LOT" means a lot which contains, and the main use of which is, a
parking area, whether or not such parking area is located within a structure.
"PARKING SPACE" means a portion of a parking area, exclusive of any aisles, to
be used for the parking or temporary storage of a motor vehicle.
"PARKING, TANDEM" means a parking space that is only accessed by passing
through another parking space from a street, lane, drive aisle or driveway.
(By-law 2019-084)
"PARKING SPACE, QUEUING" means a parking space arranged in a line with
other parking spaces such that access to each parking space may require
travelling over another or other spaces, which are provided in advance of a drive-
through facility, drive-through restaurant or car wash to provide for the queuing of
automobiles through such drive-through or car wash facility.
(By-law 2006-61)
"PATIO, PRIVATE OUTDOOR" means a platform made of wood, concrete or other
similar material, that has a height of 0.6096 metres (2 feet) or less above grade,
made of wood, concrete, or other similar material, projecting from a building or
42
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DEFINITIONS
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freestanding, open to the sky, and intended for the purpose of outdoor dining,
lounging, and other similar accessory residential uses.
"PERMITTED" means "permitted by this By-law".
"PERSON" means any individual, an association, a firm, a partnership or an
incorporated company, municipal corporation and the agent, trustee, heirs,
executors, or other legal representatives of a person to whom the context can apply
according to law.
"PERSONAL SERVICE SHOP" means a building or part thereof in which services
are provided and administered to the individual and personal needs of persons,
and without limiting the generality of the foregoing, includes a barber shop,
hairdressing establishments, shoe repair and shoe shining shop, tailor shops,
bakery shops, depots for collection and delivery of dry cleaning and laundry, self
serve dry cleaning and laundry establishments.
"PHARMACEUTICAL AND MEDICAL PRODUCTS INDUSTRY" means a building
or part thereof used for the manufacture, fabrication and processing of drugs in
pharmaceutical preparations for human or veterinary use, and the manufacture of
orthopaedic, prosthetic and surgical appliances and supplies.
"PHARMACY" means a retail store which dispenses prescription drugs and which
sells, among other things, non-prescription medicines, health and beauty products,
and associated sundry items.
"PIT" means any pit or excavation made for the purpose of searching for, or the
removal of any soil, earth, clay, marl, sand, gravel or rock for commercial purposes
but shall not include an excavation incidental to the erection of a building or
structure for which a building permit has been granted by the Corporation, or an
excavation incidental to the construction of any public works.
"PIT, WAYSIDE OR WAYSIDE QUARRY" means a temporary pit or quarry opened
and used by a public road authority solely for the purpose of a particular project or
contract of road construction and not located on the road right-of-way.
"PLACE OF ENTERTAINMENT" means a motion picture or other theatre,
auditorium, assembly hall, billiard or pool room, bingo hall, bowling alley,
amusement arcade, dance hall or music hall, but does not include any place of
entertainment or amusement otherwise defined or classified herein.
"PLACE OF WORSHIP" means a building, including synagogues, mosques and
rectories, owned or occupied by a religious congregation or religious organization
and dedicated exclusively to worship and related religious, social and charitable
activities, with or without a church hall, church auditorium, convent, monastery,
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office of a clergyman, cemetery, church school, parish hall, day care or a parson-
age as uses accessory thereto.
"PLANTING STRIP" means an area of landscaped open space located immediately
adjacent to a lot line or portion thereof and on which is situated one or more of the
following screening devices:
(a)
a continuous row of trees;
(b)
a continuous hedgerow of evergreens or shrubs;
(c)
a berm;
(d)
a wall; or
(e)
an opaque fence,
arranged in such a way as to form a dense or opaque screen.
"PORCH" or "VERANDAH" means a partially enclosed stoop having a roof but
lacking any enclosing walls greater than 1.5 metres in height from the top of the
platform of the said stoop.
"PRINTING ESTABLISHMENT" means a building or part thereof, used for the
primary purpose of printing, lithographing or publishing. It may include some of the
same uses permitted in a duplicating shop, but must include at least one of the
above-listed primary functions.
"PRINTING, REPRODUCTION AND DATA PROCESSING INDUSTRY" means a
building or part thereof, used by printing industries; reproduction industries such
as tape, film and records; data processing industries; and binding and related
industries with similar impacts.
"PRIVATE" means "not public".
"PRIVATE CLUB" means a private athletic, recreational or social club which is not
operated for gain or profit, and includes the premises of a fraternal organization.
"PRIVATE GARAGE" - see "GARAGE, PRIVATE".
"PRIVATE ROAD" means a right-of-way existing on the day of passing of this By-
law, which has not been dedicated as a street or accepted or assumed by the
Corporation, but is owned privately and which affords the principal means or
access to abutting, separately owned, legally conveyable parcels of land.
"Private Well" A hole made in the ground to locate or to obtain groundwater or to
test or to obtain information in respect of groundwater or an aquifer, and includes
a spring around or in which works are made or equipment is installed for collection
or transmission of water and that is or is likely to be used as a source of water for
human consumption.
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There are three parts to the definition:
(a) a hole used to locate or obtain groundwater is a well
(b) a hole to test or obtain information with respect to groundwater or an
aquifer is a well
(c) a spring (natural groundwater discharge at ground surface) where works
or equipment are installed and where the water will, or is likely to be used
for human consumption is a well. (By-Law 2018-86)
"PROCESSED GOODS INDUSTRY" means a building or part thereof used by
textiles, leather and rubber industries; plastics and synthetic resins industries;
paper and wood products industries; metal products industries; oil and coal by-
products industries; chemical products industries; and non-metallic products
industries. Processed goods industries exclude pulp and paper industries and
primary metal industries.
"PROFESSIONAL OFFICE" means a building or part thereof in which a legal,
medical or other personal professional service is performed or consultation given,
including, but not so as to limit the generality of the foregoing, a clinic and the
offices of a lawyer, an architect, a surveyor, an engineer, a planner, a real estate
agent, investment counsellor or a chartered accountant, but does not include a
personal service shop, a business office, a veterinarians' clinic, a body-rub parlour
or any adult entertainment parlour as defined in The Municipal Act, as amended
from time to time, or any successors thereto.
"PROPANE TRANSFER FACILITY" means a facility at a fixed location having not
more than one storage container and such container shall not have an aggregate
propane storage capacity in excess of 50 000 litres (10,994 gallons) and from
which no retail sale of propane fuel to the public is or may be effected.
"PUBLIC", when used in reference to a building, structure, use or lot, means a
building, structure, use or lot used by a public agency to provide a service to the
public.
"PUBLIC AGENCY" means:
(a)
the Government of Canada, the Government of Ontario or any municipal
corporation;
(b)
any ministry, department, commission, corporation, authority, board or other
agency established from time to time by the Government of Canada, the
Government of Ontario or any municipal corporation;
(c)
any public utility; or
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TOWN OF AMHERSTBURG
(d)
any railway company authorized under The Railway Act, as amended from
time to time, or any successors thereto.
"PUBLIC AUTHORITY" means any school board, public utility commission,
transportation commission, public library board, board of parks management,
board of health, board of commissioners of police, planning board or other board
or commission or committee of local authority established or exercising any power
or authority under any general or special Statute of Ontario with respect to any of
the affairs or purposes of a municipality or any portion thereof, and includes any
board, commission or committee or local authority established by By-law of the
Municipality.
"PUBLIC HALL" means a building or part thereof where members of the public
gather together for the purpose of any meeting or entertainment whether or not an
admission fee is charged and whether or not such premises are rented or leased
by any organization for any such function. A "Public Hall" does not include a private
club, a theatre, a school or a church.
"PUBLIC SERVICES" means the buildings, structures and other related work
necessary for supplying transportation services, water, gas, oil, electricity, steam,
hot water, telecommunication services, storm drainage, sewage collection and
treatment facilities.
"PUBLIC UTILITY" means:
(a)
any public agency, corporation, board or commission providing electricity,
gas, steam, water, telegraph, telephone, cable television, transportation,
drainage, or sewage or waste collection and disposal services to the public;
or
(b)
a use pertaining to any such agency, corporation, board, or commission.
"QUARRY" means a place where consolidated rock has been or is being removed
by means of an open excavation, and includes the processing thereof including
screening, sorting, washing, crushing, and other similar required operations,
buildings and structures.
"REAR LOT LINE" - see "LOT LINE".
"REAR YARD" - see "YARD".
"RECREATIONAL VEHICLE" means a portable vehicular unit designed for travel,
camping or recreational use which may be towed behind a motor vehicle, or self-
propelled, and includes such vehicles commonly known as travel trailers, camper
trailers, tent trailer, boat, boat trailer, pick-up campers , motorized campers,
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TOWN OF AMHERSTBURG
motorized homes, ATVs, snowmobiles, personal watercraft or other similar
vehicles.
(By-law 2015-114)
"REDEVELOPMENT" means the removal of buildings or structures from land and
the construction or erection of other buildings or structures thereupon.
"RENOVATION" means the repair and restoration of a building to an improved
condition but shall not include its replacement.
"REPAIR AND RENTAL ESTABLISHMENT" means a business engaged in
maintaining, repairing, installing and renting articles and equipment for household
and personal use, such as: radios and televisions; refrigeration and air
conditioning; appliances; watches, clocks and jewellery; and re-upholstery and
furniture repair. This does not include any other use specifically referred to or
defined in this By-law.
"RESEARCH AND DEVELOPMENT ESTABLISHMENT" means a building or part
thereof used by raw material development and testing firms; processed products
development and testing firms; and chemical and biological products development
and testing firms.
"RESIDENTIAL", when used in reference to a building, structure or use, means i. any dwelling or mobile home as defined herein or any accessory building, ii. structure or use exclusively devoted thereto.
i. any dwelling or mobile home as defined herein or any accessory
building,
ii. structure or use exclusively devoted thereto.
(b) "NON-RESIDENTIAL", when used in reference to a building, structure or use,
means a building, structure or use other than a residential building, structure or
use.
(c) "RESIDENTIAL LOT" means a lot containing a residential use or a vacant lot
that is zoned for a residential use and meets the zone provisions for the
permitted residential use.
"RESIDENTIAL USE" means the use of a building or structure or parts thereof as
a dwelling.
"RESTAURANT" means a building or part thereof where food and beverage is
prepared and offered for retail sale to the public for immediate consumption on the
premises, including a dining room, but does not include a refreshment room or any
building or part thereof where pre-packed foods or beverages requiring no further
preparation before consumption are offered for sale.
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TOWN OF AMHERSTBURG
(a)
"DRIVE-THROUGH RESTAURANT" means a place in which food is
prepared and sold to the general public and consumed on the premises
inside or outside of an automobile and includes an exterior method of
ordering and picking-up food from a vehicle.
(By-law 2006-61)
(b)
"FAST FOOD RESTAURANT" means an establishment primarily engaged
in preparing specialty foods in bulk and in providing customers with a take-
out and/or delivery service which may or may not be consumed on or off
the premises.
"RETAIL STORE" means a building or part of a building where goods, wares,
merchandise, articles or things are offered or kept for retail sale at retail and
includes storage on or about the store premises of limited quantities of such goods,
wares, merchandise, articles or things sufficient only to service such store but does
not include any wholesale business or business supply use, or any establishment
otherwise defined or classified.
"RETIREMENT LODGE" or "RETIREMENT HOME" means a residence providing
accommodation primarily for persons or couples over 60 years of age where each
private bedroom or living unit has a separate private bathroom and separate
entrance from a common hall but where common facilities for the preparation and
consumption of food are provided, and common lounges, recreation rooms and
medical care facilities may also be provided.
"RIGHT-OF-WAY or EASEMENT" means any right, liberty or privilege in, over,
along or under land, which the owner of one (1) lot may have with respect to any
other lot or which the Municipality, any other governmental authority or agency,
private company or individual may have with respect to any land in the Municipality.
"ROAD" shall have the meaning attributed to it in the definition of Street.
"ROAD, COUNTY" shall mean a street under the jurisdiction of the County or the
Windsor Suburban Roads Commission.
"ROOMING HOUSE" - See "LODGING HOUSE".
"SALVAGE OR SCRAP YARD" means an establishment, lot or premises used for
the storage wholly or partly in the open, handling, processing, or any combination
thereof, of scrap material for reuse for the purpose of commercial gain, which
without limiting the generality of the foregoing, shall include waste paper, rags,
bones, bottles, bicycles, vehicles, tires, and metal, and junk or scrap metal yards
and automobile wrecking yards shall also be included.
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"SANITARY SEWER" means an adequate system of underground conduits,
operated either by a municipal corporation or by the Ministry of the Environment,
which carries sewage to an adequate place of treatment which meets with the
approval of the Ministry of the Environment.
"SATELLITE DISH" means a device designed to receive communication signals
from a satellite.
"SCHOOL" means an educational establishment under the jurisdiction of the
Greater Essex County District School Board, the Windsor-Essex Catholic
District Separate School Board or a school operated under charter granted by
the Province of Ontario.
"PUBLIC SCHOOL" means a school under the jurisdiction of
a public agency.
"PRIVATE SCHOOL" means a school, other than a public
school or a commercial school, under the jurisdiction of a
private non-profit board of trustees or governors, a religious
organization or a charitable institution.
"COMMERCIAL SCHOOL" means a school operated by one
or more persons for gain or profit.
"SEASONAL PRODUCE" means products harvested or capable of being harvested
within the County of Essex during the season at which it is offered for sale.
"SEASONAL WORKER HOUSING" shall refer to housing located on an
agricultural property that has been designed with space for multiple
residential units for the living and eating quarters for migrant or seasonal
workers assisting on the property either in a greenhouse or some
agricultural activity requiring manual labourers. Seasonal worker housing is
not intended to be rented out for any purpose, cannot be used for year-
round occupancy, and the inhabitants must be associated with an
agricultural activity. (By-Law 2019-101)
"SENIOR CITIZEN HOUSING" means any housing for senior citizens sponsored
and administered by any public agency or any service club, church or other non-
business organization, either of which obtains financing from Federal, Provincial
or Municipal Governments or agencies, or by public subscription or donation, or by
any combination thereof, and such homes shall include auxiliary uses as club and
lounge facilities, usually associated with senior citizens development.
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"SERVICE AND REPAIR ESTABLISHMENT" means a premises engaged in
maintaining, repairing and installing machinery and equipment for household and
personal use, such as air conditioners, appliances, watches, clocks, jewellery, re-
upholstery and furniture repair.
"SERVICE SHOP" means an establishment, other than an automotive use, that
provides a non-personal service or craft to the public, including, but not necessarily
restricted to, a printer's shop, a plumber's shop, a tinsmith's shop, a painter's shop,
a carpenter's shop, an electrician's shop, a welding shop, a blacksmith's shop, a
merchandise service shop, a battery storage and recharging shop, a well driller's
establishment, a furrier's, an upholsterer's shop, a bakery, a dairy, a catering
establishment, an egg grading station, a machine shop, or a monument engraving
shop.
"SETBACK" means the shortest horizontal distance between the centreline of a
street adjacent to a lot and the nearest part of any building, structure, excavation
or open storage on such lot.
"SHIPPING CONTAINER" means a pre-fabricated metal container having a
floor, ceiling or roof, walls, and door(s) that is designed for and used in the
storage, packing or transport of freight, articles, goods or commodities by ship,
rail or truck. For the purpose of this definition, a shipping container does not
have wheels and does not include a motor vehicle or transport trailer. For
the purposes of this By-law, a shipping container shall be deemed to be an
accessory building when permanently located on a lot. This definition shall
include storage containers, sea cans, and intermodal freight containers.
(By-Law 2019-072)
"SHOPPING CENTRE" means one or more buildings, or part thereof containing a
group of separate permitted commercial uses having a total floor area in excess of
550 square metres, which is maintained as a single comprehensive unit and
located on a single lot, such lot being held and maintained under one ownership
or under condominium ownership pursuant to The Condominium Act, as amended
from time to time, or any successors thereto.
"SIDE LOT LINE" - see "LOT LINE".
"SIDE YARD" - see "YARD".
"SIGHT LINE" means an imaginary line extending from an observation point of view
to a view beyond the point. The angle of the view line and the location of the
observation point shall be determined by the zone to which it has been applied."
(By-law 2012-96)
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TOWN OF AMHERSTBURG
"SIGHT TRIANGLE" means the triangular space formed by the intersecting lot lines,
at least one of which is also a street line, of a lot located at an intersection of two or
more streets or at an intersection at grade of a street and a railway right-of- way,
and a line drawn from a point in one such lot line to a point in the other lot line,
each such point being a specified distance from the point of intersection of such
lot lines measured along the said lot lines, provided that where the said lot lines do
not intersect at a point, the point of intersection thereof shall be deemed to be the
intersection of the projected tangents thereto, drawn through the extrem- ities of the
interior lot lines.
"SIGN" means a name, identification, description, advertising device, display or
illustration which is affixed to, or represented directly or indirectly upon, a building,
structure or lot and which directs attention to an object, product, place, activity,
person, institute, organization or business.
"SITE PLAN CONTROL BY-LAW" means any By-law of the Corporation passed
pursuant to Section 41 of the Planning Act, as amended from time to time, or any
successors thereto.
(a) "SITE PLAN CONTROL AREA" means an area of land designated by a Site
Plan Control By-law as a site plan control area pursuant to Section 41 of the
Planning Act, as amended from time to time, or any successors thereto.
(b) "SITE PLAN AGREEMENT" or "DEVELOPMENT AGREEMENT" means
any agreement entered into by an owner of land and the Corporation
pursuant to a Site Plan Control By-law.
"SMALL SCALE SOLAR ENERGY SYSTEM" means any solar energy system that
is mounted to an existing building or any ground installed facilities that occupy a
maximum.
(By-law 2008-55, 56, 57)
"SMALL SCALE WIND ENERGY SYSTEM" means any wind energy system with
a nameplate generating capacity that does not exceed 50 kilowatts and has a
maximum height of 36 metres and is ancillary to a primary permitted use.
(By-law 2008-55, 56, 57)
"SOLAR COLLECTOR" means a device or combination of devices and or
structures that transforms solar energy into thermal, chemical or electrical energy
and that contributes to a structure's energy supply.
"SOLAR ENERGY SYSTEM" means a renewable electrical generation facility that
produces power from the sun using photovoltaic technology to provide all, or a
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DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
portion of, the electrical power needs for a user or to feed into the transmission or
local distribution grid. A solar energy system includes all arrays, supporting
infrastructure and outbuildings.
(By-law 2008- 56, 57, 58)
"SOLAR ENERGY SYSTEM" means a system designed for the collection, storage
and distribution of solar energy.
"STOCKPILING OF CLEAN CLAY, CLEAN TOP SOIL AND GRANULAR
MATERIAL" means non-hazardous waste material consisting of earth particles,
such as rock, minerals and organic matter (humus). The stockpiled earth materials
are temporarily stored and will be transferred to other locations for subsequent use.
(By-law 2012-96)
"STONE QUARRY" means any open excavation and/or underground mine made
for the removal of any consolidated rock or mineral including limestone, sandstone
or shale, in order to supply material for construction, industrial, or manufacturing
purposes, but shall not include a gravel pit, an excavation incidental to the erection
of a building or structure for which a building permit has been granted by the
Corporation or an excavation incidental to the construction of any public works.
"STOOP" means a roofless, unenclosed structure, with or without steps, consisting
of a platform and connecting to an exterior door on the ground floor of a dwelling,
regardless of whether or not a cellar or part thereof is located underneath such
structure.
"STORAGE DEPOT" means an area including reservoir, silo and tank storage;
hangers; open air parking; and open air storage. Storage depots exclude salvage
yards, resource extraction operations, and wayside pits.
"STOREY" means a horizontal division of a building from a floor to the ceiling
directly above such floor, and includes an attic, a basement or a cellar as defined
herein, but does not include any mezzanine, gallery, balcony or other overhang.
(a) "FIRST STOREY" or "GROUND FLOOR" means the storey having its floor
level closest to finished grade and its ceiling at least 2 metres above finished
grade.
(b) "SECOND STOREY" or "SECOND FLOOR" means the storey directly
above the first storey.
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TOWN OF AMHERSTBURG
(c) "ATTIC" means the topmost usable storey of a building situated wholly or
partly within a roof, where at least 50 percent, but not more than 66 percent,
of such storey is greater than 2 metres in height.
(d) "CELLAR" means that portion of a basement which is more than 60 percent
below finished grade, measured from finished floor to finished ceiling.
"STREET" means a public highway or public road under the jurisdiction of either
the Corporation, the County or the Province of Ontario, and includes any highway
as defined in The Municipal Act, but does not include a lane or private right-of-way.
(a) "STREET ALLOWANCE" means land held under public ownership
for the purpose of providing a street.
(b) "HIGHWAY" means a street under the jurisdiction of the Province of
Ontario.
(c) "COUNTY ROAD" means a street under the jurisdiction of the
County.
(d) "TOWN ROAD" means any street that is both owned and maintained
by the Corporation.
(e) "IMPROVED STREET" means a Highway, a County Road, or a
Town Road.
"STREET LINE" means a lot line dividing a lot from a street and is the limit of the
street allowance.
"STREET WIDTH" means the horizontal distance between the street lines of a
street, measured along a line perpendicular to the said street lines.
"STRUCTURE" means anything constructed or erected, the use of which requires
location on or in the ground, or attached to something located on or in the ground,
but does not include the permanent way of a railway, any paved surface located
directly on the ground, a fence, sign, or light fixtures.
"STUDENT RESIDENCE" means a dwelling operated and maintained by a school
and may include a common area, cooking facility or dining facility. A college
residence or university student residence is a student residence.
"STUDIO" means a building or part thereof, used as the workplace of a
photographer, craftsman or artist, or for the instruction of art, music, dancing,
languages or similar disciplines. The sale of any artifacts produced therein shall
be permitted only as an accessory use.
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"SUN DECK" means a roofless, unenclosed structure, accessory to a dwelling,
consisting of a platform raised above finished grade, with or without steps.
"SUPERMARKET" means a retail store devoted to the sale of food and associated
small household items.
"SUPPORTIVE COMMUNITY HOME" means a residential building with central
kitchen, administrative, and possibly medical, facilities and a number of
housekeeping units or rooms where the number of residents are limited to the
number permitted by all applicable law, including but not limited to Ontario Building
Code and Ontario Fire Code, for the existing structure as of the date of this by-law,
for occupants to reside and receive care consistent with their needs, either by on-
site staff or through the visitation of various health care and support professionals.
By-law 2024-016
"SWIMMING POOL, PRIVATE OUTDOOR" means a privately owned pool whether
or not in the ground, capable of being used for swimming, wading, diving, or
bathing and which when filled is capable of containing a depth of 0.6 metres or
more of water. For the purpose of regulations pertaining to lot coverage in this By-
law a "Private Outdoor Swimming Pool" is deemed not to be a building or structure.
"TANDEM PARKING" shall mean a parking space that is only accessed by passing
through another parking space from a street, lane, drive aisle or driveway.(By-
law2019-084)
"TAVERN" means an establishment where alcoholic beverages are sold to be
consumed on the premises and shall include all such buildings operating under the
Liquor Licence Act, as amended from time to time.
"TAXI ESTABLISHMENT" means a property, site or building used as a dispatch
office or an area, site or location intended for the parking of taxis and/or limousines
when not engaged in transporting persons or goods.
"TEMPORARY STORAGE UNIT" means a transportable unit, container or structure
designed for temporary storage of personal property, household goods, and
other materials for use on a temporary basis. Such unit shall not be considered an
accessory structure. (By-Law 2019-072)
"THEATRE" means a building, or part thereof, used for the presentation of the
performing arts.
"TILLABLE HECTARES" means the total area of land (in hectares) including
pasture that can be worked or cultivated.
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"TOP OF BANK" means when used with reference to a watercourse, the highest
elevation of land which ordinarily confines the waters of such watercourse when
they rise out of the stream bed.
"TRADESMAN'S SHOP" means an establishment where an individual who
performs electrical, plumbing, carpentry, landscape, or other similar trade work,
primarily off site, may store his materials and may have an office.
"TRAILER" means any vehicle so constructed that it is suitable for being attached
to a motor vehicle for the purpose of being drawn or propelled by a motor vehicle,
or is self-propelled, and capable of being used for temporary living or sleeping of
persons therein for seasonal travel, recreation and vacation activity,
notwithstanding that such vehicle is jacked up or that its running gear is removed.
This definition shall include tent trailers, motor homes, truck campers, or similar
transportable accommodation but shall not include a mobile home as defined
herein.
"TRANSPORT TERMINAL" means a premises used for the transfer of goods
primarily involving loading and unloading of freight-carrying trucks, and
accordingly, involving the storing, parking, servicing and dispatching of freight-
carrying trucks.
"TRANSPORT TRUCK PARKING LOT" means "a premise where trucks or
transports are rented, leased, kept for hire, or stored or parked for remuneration
or from which trucks or transports, stored or parked on the property, are
dispatched for hire as common carriers". (By-Law 2019-076)
"TRAVEL TRAILER PARK" means a parcel of land providing overnight or short-
term accommodation for travel trailers, recreational vehicles, campers or tent
trailers.
"TRIPLEX" - See "DWELLING, TRIPLEX DWELLING".
"USE" means:
(a)
when used as a noun, the purpose for which a lot, building or structure, or
any combination or part thereof, is designed, arranged, occupied or
maintained; or
(b)
when used as a verb, to put to such purpose.
"VEHICLE" means a passenger automobile or other motor vehicle, a boat, a farm
implement, a mobile home, a motor home, a snowmobile, a trailer, or any other
device which is capable of being drawn, propelled or driven by any kind of power,
and includes a commercial vehicle as defined herein, but does not include a bicycle
or any other device, other than a boat, powered solely by means of human effort.
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"COMMERCIAL VEHICLE" means a vehicle licensed by the Province of
Ontario,
(i)
as a public vehicle pursuant to the provisions of The Public
Vehicles Act, as amended from time to time, or any suc-
cessors thereto, or
(ii)
as a public commercial vehicle, pursuant to the provisions of
The Public Commercial Vehicles Act, as amended from time
to time, or any successors thereto.
"VEHICLE REPAIR GARAGE" means an establishment for the repair or
replacement of parts in a motor vehicle and, without limiting the generality of the
foregoing, includes the repair, replacement or reconditioning of mufflers, exhaust
systems, shock absorbers, transmissions, gears, brakes, clutch assemblies,
steering assemblies, radiators, heating or cooling systems, ignition systems,
electrical systems, tires, wheels, windshields, windows and other mechanical or
electrical parts or systems, the installation of undercoating, engine tuning,
lubrication and engine conversion or replacement, but does not include an automo-
bile body shop, an impounding yard, an automobile service station or a gas bar.
"VEHICLE REPAIR SHOP" means an establishment or part thereof which contains
facilities for the repair and maintenance of vehicles on the premises and in which
vehicle accessories are sold and vehicle maintenance and repair operations,
including the repairing or painting of vehicle bodies and the servicing of farm
implements and related equipment, are performed in return for remuneration, but
does not include a body shop, wherein the repairing or painting of vehicle bodies
constitutes the primary activity, or any establishment engaged in the retail sale of
vehicle fuels.
"VEHICLE SALES OR RENTAL ESTABLISHMENT" means an establishment
engaged primarily in the sale, rental or leasing of vehicles and vehicle accessories,
with or without an accessory vehicle repair shop or an accessory gasoline retail
outlet, and includes an establishment engaged in the sale of farm implements and
related equipment.
"VETERINARIAN'S CLINIC" means a building or part thereof, with or without
related structures, wherein animals of all kinds are treated or kept for treatment by
a registered veterinarian.
"VIDEO RENTAL ESTABLISHMENT" means a building or part of a building used
for the rental of video tapes and equipment. Accessory uses may include the sale
of video tapes and equipment or convenience foods, restricted to an area not to
exceed 10.0 square metres (107.6 sq. ft.).
56
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"WAR GAMES" means any form of play, sport or amusement which simulates war,
armed conflict or military operations.
"WAREHOUSE" means a building or part of a building used for the storage and
distribution of goods, merchandise, substances, or materials.
"WAREHOUSE, PUBLIC SELF-STORAGE" means a building or part thereof where
individual storage areas are made available to the public for the storage or keeping
of goods.
"WAREHOUSE, RETAIL" means a commercial establishment which has as a
principal use, the sale of merchandise to the public in a warehouse format, where
all areas are accessible to the public except for areas with accessory uses.
"WAREHOUSING" means the storage of goods for remuneration or the storage of
goods which will be sold elsewhere or, subsequently, transported to another
location for sale or consumption. This does not include any other use specifically
referred to or defined in this By-law.
"WASTE BIOMASS" means agricultural waste, sewage, wood waste and gases
generated from the decomposition of organic material but does not include biogas
or landfill gas. (By-law 2008-55, 56, 57)
"WASTE DISPOSAL SITE - CONSTRUCTION AND DEMOLITION PROCESSING
AND TRANSFER FACILITY" means a facility that processes non-hazardous
materials from construction and demolition projects and other sources including
wood, drywall, concrete, asphalt, glass, and scrap metals including the metal shell
of automobiles for the purpose of marketing for use as raw materials in the
manufacturing process of new, reused and reconstituted products. The processed
materials are for transfer to other locations for subsequent manufacturing to
reconstituted products. (By-law 2012-71)
"WASTE TREATMENT" means a building or part thereof, used by waste processing
plants, water pollution control plants, sanitary landfill sites, and hazardous
substance treatment plants.
"WATERCOURSE" means the natural or man-made channel of a body of water
including, but not so as to limit the generality of the foregoing, natural
watercourses, open municipal drains, ponds, reservoirs and lakes.
"WATER SYSTEM, PUBLIC" means a water distribution system consisting of
piping, pumping and purification appurtenances and related storage, owned and
operated by the Corporation, another municipality or the Ministry of the
Environment.
57
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
"WETLAND" means lands that are seasonally or permanently covered by shallow
water, as well as lands where the water table is close to or at the surface. In either
case the presence of abundant water has caused the formation of hydric soils and
has favoured the dominance of either hydrophytic plants or water tolerant plants.
The four major types of wetlands are swamps, marshes, bogs and fens.
Periodically soaked or wet lands being used for agricultural purposes which no
longer exhibit wetland characteristics are not considered to be wetlands for the
purposes of this definition.
"WHOLESALE ESTABLISHMENT" means any establishment which sells
merchandise to others for resale and/or to industrial and commercial users.
"WIND ENERGY CONVERSION SYSTEM, LARGE" means a single mechanical
power generating device or turbine which converts wind to electrical power,
producing name plate capacity rating of 50 kilowatts (50,000 watts) or more. (By-
law 2006-41)
"WIND ENERGY CONVERSION SYSTEM, SMALL" means a single mechanical
power generating device or turbine which converts wind to electrical power that
produces less than nameplate capacity rating of 50 kilowatts (50,000 watts) and is
intended only to generate electricity for the use of the individual lot upon which the
system is located. (By-law 2006-41)
"WIND FARM" means one or more lots used to accommodate Large Wind Energy
Conversion Systems intended to feed electricity into the transmission grid. (By-law
2006-41)
"WIND TESTING FACILITY" means a tower erected on a temporary basis, normally
not exceeding one year, for the purpose of testing the potential wind strength for
generating electricity. (By-law 2006-41)
"WINERY" means the use of land, buildings or structures for the processing of fruit,
fermentation, production, aging and storage of wine and wine related products as
a secondary use to a vineyard, where the fruit used in the production of the wine
shall be predominantly from the vineyard located on the same land as the farm
winery. A winery may also include an accessory licensed retail outlet, winery office
and a laboratory. Buildings and structures utilized as part of a Winery shall not be
defined as farm buildings and structures for the purposes of site plan control.
Banquet halls and conference facilities shall not be included as accessory uses to
a winery. (By-law 2006-61 & 2014-105)
"YARD" means an area of land which:
(a)
is appurtenant to, and located on the same lot as a building, structure
or excavation; and
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SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(b)
is open uncovered and unoccupied from the ground to the sky, except for
such accessory buildings, structures or other uses as are specifically
permitted thereon elsewhere in this By-law.
(i) "FRONT YARD" means a yard extending across the full width of a
lot between the front lot line of such lot and the nearest part of any
building, structure or excavation on such lot.
(ii) "FRONT YARD DEPTH" means the shortest horizontal dimension
of a front yard between the front lot line of a lot and the nearest part
of any building, structure open storage or excavation on such lot.
(iii) "REAR YARD" means a yard extending across the full width of a lot
between the rear lot line of such lot, or, where there is no rear lot
line, the junction point of the side lot lines, and the nearest part of
any building, structure or excavation on such lot.
(iv) "REAR YARD DEPTH" means the shortest horizontal dimension of
a rear yard between the rear lot line of a lot or, where there is no
rear lot line, the junction point of the side lot lines, and the nearest
part of any building, structure or excavation on such lot.
(v) "SIDE YARD" means a yard extending from the front yard to the rear
yard of a lot and from the side lot line of such lot to the nearest part
of any building, structure or excavation on such lot.
(vi) "SIDE YARD WIDTH" means the shortest horizontal dimension of a
side yard between the side lot line of a lot and the nearest part of
any building, structure or excavation on such lot.
(vii)
"EXTERIOR SIDE YARD" means a side yard immediately
adjoining a street or abutting a reserve on the opposite side of which
is located a street.
(viii)
"INTERIOR SIDE YARD" means a side yard other than an
exterior side yard.
(ix) "REQUIRED YARD" means that part of a yard which:
(i)
is located adjacent to a lot line;
(ii)
has the minimum front yard depth, rear yard depth or side
yard width required hereby or is situated closer to the
centerline than the setback required therefrom; and
59
SECTION 2
DEFINITIONS
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(iii)
does not contain or include any buildings, structures, open storage
or excavations except where this By-law specifically provides
otherwise.
"ZONE" means a designated area of land use shown on Schedule "A" hereto.
"ZONE, PRIVACY" means an area within the minimum yard depth in which
communal activities are discouraged or prevented by means of surface finishing,
landscaping or physical barriers.
"ZONED AREA" means all those lands lying within the corporate limits of the Town
of Amherstburg.
"ZONING ADMINISTRATOR" means the officer or employee of the Corporation
charged with the duty of enforcing the provisions of this By-law.
60
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3 GENERAL PROVISIONS
(1)
ACCESSORY USES
ACCESSORY USES PERMITTED IN ALL ZONES
Where this By-law permits a lot to be used or a building or structure to be
erected or used for a purpose, that purpose shall include any building,
structure or use accessory thereto, except that no home occupation, open
storage or accessory dwelling unit shall be permitted in any zone other than
a zone in which such a use is specifically listed as a permitted use.
LOT COVERAGE
The total lot coverage of all accessory buildings or structures on a lot shall
not exceed 10 percent of the lot area of the said lot and to a maximum of
100 square metres (1076 sq. ft) for accessory buildings and structures in
any Residential Zone other than the Residential Type 1A (R1A) Zone where
accessory buildings will be permitted on a lot not to exceed 10 percent of
the lot area of the said lot and to a maximum of 185 square meters (1991
sq. ft). The total area of an accessory building may not exceed the gross
floor area of the main building except in the Agricultural or Industrial zones.
In the Agricultural Zone the total lot coverage of all accessory structures is
permitted to a maximum of 10 percent of the lot area. In the Agricultural
Zone the total lot coverage of a secondary dwelling unit is permitted to a
maximum of 185 square meters (1991 sq ft). All other regulations of
Secondary Dwelling Unit provisions of Section 3(3)(f) shall apply. The area
of an open swimming pool shall not be calculated in determining lot
coverage.
(By-Law 2019-084)
(By-law No. 2022-105)
HEIGHT RESTRICTIONS
No accessory building or structure in any zone other than an Industrial or
Agricultural zone shall exceed 5.5 metres in height measured to the peak of
the roof for any accessory structure. (By-law 2006-40)
YARD REQUIREMENTS
Any accessory building or structure shall comply with the zone requirements
and all other provisions hereof applicable to the zone in which such
accessory building or structure is located, except that nothing in this By-law
shall apply to prevent the erection of:
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
i.
a building or structure accessory to a single dwelling, anywhere in
an interior side yard or a rear yard, provided that such accessory
building or structure is not located closer than 1.2 metre to any lot
line. An accessory structure is not permitted in a required exterior
side yard. (By-law 2019-084)
ii.
a mutual garage with a party wall astride a side lot line in a
Residential Zone, shall be constructed to provide a proper fire
separation, and, such mutual garage is not located in a required
front yard, nor closer than 1.5 metres to any portion of a rear lot line,
unless that portion of the rear lot line adjoins the interior side yard
of the adjoining lot, the distance shall be no closer than 4 metres,
and in no case shall any such accessory building be built closer than
7 metres to any street line;
iii.
a gatehouse, anywhere in a front yard or exterior side yard in any
Industrial Zone;
iv.
a swimming pool, in accordance with the provisions of Section
3(25) of this By-law;
v.
a boat house or boat dock at the edge of a watercourse;
vi.
a garage in a front yard, but not a required front yard, within any
Residential Zone.
(2)
ACCESS REGULATIONS
No person shall hereafter erect any main building or structure on any lot in any
zone unless such lot or an adjacent lot held under the same ownership abuts an
improved street or a reserve on the opposite side of which is located an improved
street, except that this provision shall not apply to a lot located on a plan of
subdivision registered subsequent to the date of the passing of this By-law.
Private streets in a Residential Zone that existed on the date of passage of this By-
law shall be considered as improved streets despite the fact that such private
streets have not been assumed by the Corporation. This provision shall only have
the effect for the purpose of applying certain regulations of this By-law and not to
consideration and granting of consents. This provision shall not imply any
obligation on the Corporation to assume and/or develop any private street into an
improved street, or to maintain it for private or public purposes.
(3)
DWELLING UNITS
LOCATION WITHIN NON-RESIDENTIAL BUILDING
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
Where a dwelling unit is located within or attached to a non-residential
building, such building and dwelling unit shall comply with the yard
requirements of this By-law which apply to the said non-residential building
provided that any wall containing a window of a habitable room shall be
located not less than 2.5 metres from any side lot line.
LOCATION ABOVE PRIVATE GARAGE OR WITH AUTOMOTIVE USE
No dwelling unit shall be located in its entirety above a private garage
except where such private garage is located within a basement or cellar
of a dwelling, or within the same building as an automotive use. This
provision does not apply to secondary dwelling units. (2019-084)
LOCATION WITHIN BASEMENT OR CELLAR
No dwelling unit shall be located in its entirety within a cellar. If
any portion of a dwelling unit is located in a cellar, such portion
shall be for non-habitable rooms only.
A dwelling unit or part thereof may be located in a basement
provided the finished floor level of such basement is not below the
level of any sanitary or storm sewer servicing the building or
structure in which such basement is located.
DWELLING UNIT AREA (MINIMA)
No dwelling unit shall be erected or used unless:
i.
a dwelling unit constituting a single dwelling - 70 square
metres; ii. a mobile home - 55 square metres, except that the minimum dwelling unit area of an existing mobile home shall be 44 square metres; any other dwelling unit - 40 square metres for a bachelor dwelling unit plus an additional 15 square metres for each bedroom.
ii.
a mobile home - 55 square metres, except that the minimum
dwelling unit area of an existing mobile home shall be 44
square metres;
iii.
any other dwelling unit - 40 square metres for a bachelor
dwelling unit plus an additional 15 square metres for each
bedroom.
DWELLING UNITS PER LOT (MAXIMUM)
No lot shall be used for or a unit erected upon it, save then:
One only, except:
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
i.
in the case of a lot which contains more than one dwelling unit on
the date of passing of this By-law, in which case the maximum
number of dwelling units permitted on such lot shall be the number
of existing dwelling units on the said lot; and
ii.
in a zone where more than one dwelling unit is specifically
permitted hereby.
iii.
a secondary dwelling unit shall be permitted in a single detached
dwelling unit, a semi-detached dwelling unit, rowhouse dwelling
unit or in a detached structure that is accessory to and on the
same lot as any single detached, semi-detached or rowhouse
dwelling unit.
(By-Law 2019-084)
SECONDARY DWELLING UNITS
Notwithstanding any other provisions of this By-law to the contrary, a
secondary dwelling unit shall be permitted in any zone where a single
detached, semi-detached or rowhouse dwelling is a permitted use; the
following provisions apply;
i. A minimum of one (1) parking space is provided for the secondary
dwelling unit, in addition to parking required for the single detached,
semi-detached or rowhouse dwelling; tandem parking spaces to
accommodate a second unit shall be permitted; where this by-law
requires no parking spaces for the primary residential unit, no
parking spaces would be required for the secondary dwelling units;
ii. A new additional driveway is not permitted to provide for the
secondary dwelling unit; unless in accordance with the provisions of
this by-law;
iii. In all zones for any secondary dwelling unit in an accessory
structure the minimum gross floor area shall be 30.0 square
meters;
iv. Accessory structures which contain a secondary dwelling unit must
be located in the rear yard or an interior side yard; and be
subordinate in size to the main dwelling;
v. Secondary dwelling units must conform to all Ontario Building Code
regulations;
vi. A secondary dwelling unit must be located within 20 meters of the
primary dwelling;
64
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
vii. A secondary dwelling unit shall not be located within a cellar of a
dwelling located in a flood plain area as regulated by the
conservation authority, having jurisdiction for that area;
viii. Exterior alterations to the primary dwelling unit to provide for
secondary dwelling units in the front or exterior side yards shall
maintain the character of the primary dwelling unit. To protect
neighbourhood character, access to secondary dwelling units may
be through existing entrances or new entrances located in rear or
side yards. This provision does not prohibit an internal lobby or
vestibule entrance in the front wall. Nor does this provision require
the removal of a doorway entrance to a house that already contains
more than one doorway entrance in the front wall;
ix. Secondary dwelling units may be permitted within a legally
established accessory structure;
x. All Other provisions apply; for accessory buildings or structures as
established within the underlying zone apply.
(By-Law 2019-084)
(4)
FLOODPRONE AREAS
Floodprone Areas, as shown on Schedule "B" of this By-law, is that area which lies
within the regulatory (1:100 Year) floodplain or the maximum observed floodplain
of the adjacent watercourse. Development within the Floodway, with the exception
of a permeable fence, is prohibited. That area within the Floodplain Development
Control Area but outside of the Floodway shall only be developed in accordance
with the provisions for the underlying zones and shall be floodproofed to the
satisfaction of the Essex Region Conservation Authority to ensure that building
openings are located above the elevation of the appropriate flood level at the
building location as detailed in Ontario Regulation 147/90, as amended, by 535/91,
all of which are on file at the office of the Essex Region Conservation Authority and
the Regional Office of the Ministry of Natural Resources in London, Ontario.
(5)
GRADING
EXCAVATIONS
No person shall make any excavations or remove any topsoil, earth, sand
or gravel from any lot, alone or in conjunction with any construction work,
unless the written permission of the Chief Building Official or a building
permit with respect to such construction work has first been obtained, and
except in accordance with any requirements of the Corporation with respect
to retention of topsoil, grading and finished elevations.
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
(b)
DUMPING
No person shall use any lot for dumping or otherwise depositing or storing
any topsoil, earth, sand, gravel or fill unless written permission has first been
obtained from the Chief Building Official.
(c)
EXEMPTION FOR AGRICULTURAL USES
Nothing in this Subsection shall apply to restrict any activity normally
associated with a permitted agricultural use, except in the case of construc-
tion work for which a building permit is required in accordance with the
Building By-law.
(6)
GROUP HOMES
Notwithstanding any other provisions of this By-law to the contrary, a Group Home
Type 1 may be permitted in any single dwelling unit provided there is no Group
Home Type 1 or Group Home Type 2 within 100 metres from the proposed facility
and the dwelling unit has a minimum floor area of 18.5 square metres per person
residing within the unit. Group Homes Type 1 must be registered with the
municipality as per the Municipal Act.
Group Homes Type 2 and Supervised Residences are permitted only within the
zones as specified as a permitted use. In order to prevent concentrations of Group
Home Type 2 uses within specific areas, and notwithstanding their being listed as
a permitted use, a minimum separation between facilities shall be 300.0 metres
measured in any one direction.
(7)
HAZARD LANDS
For lands lying within 100 metres of the Detroit River, the following development
limitations shall apply:
The elevation of the lowest opening to any structure for a minimum horizontal
distance of two metres around all external walls shall be a minimum of:
(a) 176.2 metres Canadian Geodetic Datum for the first tier of
development along the Detroit River Shoreline where Conservation
Authority approved shore protection works have been installed;
(b) 176.6 metres Canadian Geodetic Datum for the first tier of
development along the Detroit River Shoreline where shore
protection works have not been installed;
(c) 176.05 metres Canadian Geodetic Datum for all inland areas
potentially susceptible to Detroit River flood levels; and
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
(d) 175.5 metres Canadian Geodetic Datum for the elevation of fill
beyond two metres of all external walls, for all areas potentially sus-
ceptible to Detroit River flood levels.
or as approved by the Essex Region Conservation Authority.
Where in this By-law a front, side or rear yard is required, and any part of the area
of the lot is, covered by water or marsh for more than two (2) months in the year,
or is beyond the top of bank of a watercourse, or between the top and toe of a cliff
or embankment having a slope of thirty (30) degrees or more from the horizontal,
then the required yard shall be measured from the nearest main wall of the main
building on the lot to the nearest edge of the said area covered by water or marsh,
or to the top of bank of said watercourse, or to the top of the said cliff or
embankment.
(8)
HEIGHT RESTRICTIONS
Unless otherwise specifically provided elsewhere herein, no building or structure
anywhere within the zoned area shall exceed 10 metres in height, except that
neither this provision nor any other provision of this By-law shall apply to restrict
the height of any of the following structures:
(i)
an antenna;
(ii)
a barn;
(iii)
grain elevators;
(iv)
grain dryers;
(v)
a belfry;
(vi)
a chimney;
(vii)
a church spire;
(viii)
a clock tower;
(ix)
an elevator or stairway penthouse;
(x)
a flag pole;
(xi)
a hydro-electric transmission tower;
(xii)
an ornamental structure;
(xiii)
a radio or television antenna;
(xiv)
a silo;
(xv)
a steeple or cupola;
(xvi)
a structure containing heating, cooling, or other mechanized equipment
attached to such building;
(xvii) a water tower;
(xviii) a precipitating tower;
(xix)
a cracking tower.
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
(9)
HOME OCCUPATION - RESIDENTIAL
No home occupation shall be permitted within any Residential Zone except in
accordance with the following provisions:
(i)
A home occupation shall be accessory to a dwelling occupied by the owner
or tenant thereof as his principal residence and located within a zone in
which a home occupation is specifically listed as a permitted use.
(ii)
At no time shall any home occupation employ anyone other than a member
of the family1 residing within the dwelling unit to which such home
occupation is accessory.
(iii)
The home occupation shall be clearly incidental and secondary to the main
residential use to which it is accessory, shall not change the residential
character of the dwelling and shall be contained within the dwelling unit. No
more than 25% of the dwelling unit may be devoted to a home occupation
use.
(iv)
There shall be no display of sign or product to indicate to persons outside
that any part of the dwelling unit is being used for a purpose other than
residential other than a non-illuminated sign located on the dwelling no
larger than 1 square metre.
(v)
No home occupation shall create or become a public nuisance, as defined
by Council, particularly with regard to noise, traffic, emissions, parking or
radio or television interference, nor shall any open storage be permitted in
conjunction with a home occupation.
(vi)
Home occupations shall be limited to such occupations as insurance
agents, sales agents, accountant, telephone sales, computer graphics,
seamstress/tailor, artists, music teacher, crafts, hobbies, tradesman,
hairdresser/barber, caterer/baker, and child care.
(vii)
A home occupation may also include a bed and breakfast establishment, as
defined in Section 2(34), conditional on the site being able to supply one
parking space for each bedroom utilized for the bed and breakfast.
(viii)
For a Residential Zone located on Texas Road or the 2nd Concession, home
occupations may be located within an accessory structure and may employ
up to two persons who do not reside on the property. Livestock for personal
1
Family shall mean, for the purpose of this Subsection, one or more human beings related by
blood, marriage or legal adoption.
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
use may also be kept but must be housed no closer than 100 metres to the
closest adjoining dwelling and must be contained in livestock facility no
larger than twenty (20) square metres.
(ix)
A small engine repair as identified in Section 8(4)(d)(i)(2).
(By-law 2016-09)
(10)
HOME OCCUPATION - RURAL
No rural occupation shall be permitted anywhere within an Agricultural Zone,
except in accordance with the following provisions:
(i)
A rural occupation shall be clearly secondary to a single dwelling located
within an Agricultural Zone.
(ii)
At no time shall any rural occupation employ more than two persons who
do not reside in the dwelling to which such rural occupation is secondary
and who attend or work on-site.
(iii)
A rural occupation may be located within the dwelling unit. Not more than
25 percent of the dwelling unit area of any dwelling unit above grade shall
be used primarily for a rural occupation, and any area so used shall be
greater than the minimum dwelling unit area required hereby for such
dwelling unit; or not more than 50 percent of the dwelling unit area of any
dwelling unit below grade if limited to a basement or cellar only shall be
used primarily for a rural occupation, and any area so used shall be greater
than the minimum dwelling unit area required hereby for such a dwelling
unit; or
not more than 25 percent of the dwelling unit area of any dwelling unit if
both the basement and upper floor(s) are used shall be used primarily for a
rural occupation, and any area so used shall be greater than the minimum
dwelling unit area required hereby for such a dwelling unit.
(iv)
A rural occupation may be located within an accessory building or structure
to the main residential or agricultural use. The rural occupation shall be
wholly contained within buildings and structures that shall not exceed ten
percent coverage of the lot area or a total of 930 square metres of gross
floor area, whichever is the lesser. Any open storage shall be considered
as part of the lot coverage and shall not exceed the maximum permitted.
(v)
A rural occupation, operated by a person not residing on the lot, shall only
be for the renting or leasing of space within buildings or structures for
storage purposes only or for a service shop.
(vi)
Only one rural occupation shall be permitted on a lot.
(vii)
No rural occupation shall create or become a public nuisance, particularly
with regard to noise, traffic, emissions, parking, or radio or television
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ZONING BY-LAW NO. 1999-52
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GENERAL PROVISIONS
interference, nor shall any open storage be permitted in conjunction with a
rural occupation, except in accordance with the provisions of the Agricultural
Zone.
(viii)
Retail sales are restricted to goods manufactured as part of the rural
occupation. The area devoted to retail sales shall be no more than 10
percent of the floor area of the rural occupation.
(ix)
None of the following uses shall be considered rural occupations, except
where such uses are specifically permitted herein:
(a)
a hospital;
(b)
a funeral home;
(c)
a restaurant;
(d)
a refreshment room;
(e)
a salvage yard;
(f)
a variety store.
(11)
HOUSEHOLD SALES
(12)
LANDSCAPING
other than a planting strip Household sales are permitted
in any zone, except that there shall not be more than two
such sales per annum at one location and no such sale
shall exceed three consecutive days in duration.
LANDSCAPED OPEN SPACE
Landscaped open space shall be provided in accordance with the zone
provisions set out herein for each zone and the following general provisions:
Any part of a lot which is not occupied by buildings, structures,
parking
areas,
loading
spaces,
driveways,
excavations,
agricultural use or permitted outdoor storage areas shall be
maintained as landscaped open space.
Except as otherwise specifically provided herein, no part of any
required front yard or required exterior side yard shall be used for
any purpose other than landscaped open space.
Where landscaped open space of any kind, including a planting
strip, is required adjacent to any lot line or elsewhere on a lot,
nothing in this By-law shall apply to prevent such landscaped
open space from being traversed by pedestrian walkways or
permitted driveways.
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ZONING BY-LAW NO. 1999-52
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SECTION 3
GENERAL PROVISIONS
No part of any driveway, parking area, loading space, stoop, roof-
top terrace, balcony, swimming pool or space enclosed within a
building, other than a landscaped area located above an
underground parking area, shall be considered part of the
landscaped open space on a lot
PLANTING STRIPS
i.
Where the lot line of a lot containing a non-residential use and
located in a Commercial Zone or Industrial Zone abuts a lot in a
Residential Zone, or abuts a street on the opposite side of which is
located a lot in a Residential Zone, then that part of the lot containing
such non-residential use or directly adjoining the said lot line shall be
used for no purpose other than having a minimum width of 3 metres
measured perpendicularly to the said lot line.
ii.
Where a fence, a wall, a row of trees or a hedgerow is provided as
part of a planting strip required by this By-law, such fence, wall, row
of trees or hedgerow shall be designed to have an ultimate height
of not less than 1.5 metres above the elevation of the ground at the
nearest lot line, except that within a sight triangle the maximum
height of any landscaping materials shall be 0.6 metre.
iii.
Where a planting strip required hereby is traversed by a pedestrian
walkway or by a driveway, in accordance with Paragraph (iii) of
Clause (a) of this Subsection, such planting strip shall not be
required to extend closer than 1 metre to the edge of such walkway
or 2 metres closer to the edge of such driveway, provided that any
intervening space between the said planting strip and the said
walkway or driveway is maintained as landscaped open space.
(13)
LICENCED CANNABIS PRODUCTION FACILITY
The following provisions apply to a Licenced Cannabis Production Facility:
1. A Licenced Cannabis Production Facility shall be subject to the following
provisions and only be permitted in the following zones:
a.
Heavy Industrial (HI)
b.
Light Industrial (LI)
c.
Agricultural (A)
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2. Facilities shall be located and designed in accordance with Federal
regulations to mitigate potential impacts including light emissions, air
emissions, odour, and so forth as allowed by Heath Canada regulations.
3. The following distance separations shall apply to buildings and structures
associated with a Licenced Cannabis Facility:
a.
No Cannabis Production Facility shall be located closer than 150 m
from a residential use; and,
b.
No Cannabis Production Facility shall be located closer than 225 m
from any Institutional (I) Zone boundary or Open Space (OS) Zone
boundary.
4.
Outdoor growth shall only be permitted in the Agricultural (A) Zone. Outdoor
growth shall be located no closer than 225 m from any Institutional (I) Zone
boundary or Open Space (OS) Zone boundary.
5. A Licenced Cannabis Production Facility shall be prohibited from displaying
advertising unless the advertising complies with the Town of Amherstburg
Sign By-law or is expressly allowed by Heath Canada regulations.
6. A Licenced Cannabis Production Facility located within the Heavy Industrial
(HI) or Light Industrial (LI) Zone shall operate indoors.
7.
All buildings associated with a Licenced Cannabis Production Facility shall
be subject to a Site Plan Control agreement with the Town of Amherstburg.
In addition to all other requirements pursuant to the Planning Act and the
Town of Amherstburg Site Plan Control By-law, the Town will require, at the
owner's sole expense,: any study/studies that will satisfy any additional
concerns that the Town of Amherstburg or any other commenting agency
may have with regard to security, emanating odours, provision of municipal
services and stormwater/wastewater management.
(By-Law 2019-075)
(14)
ALL OTHER PROVISIONS OF THE APPLICABLE ZONES SHALL APPLY.
(15)
LIGHTING
Lighting fixtures designed to provide exterior illumination on any lot shall be
installed with the light directed or deflected away from adjacent lots and streets
and shall not be similar to traffic lights.
(16)
LOADING SPACE REGULATIONS
LOADING SPACES REQUIRED
The owner or occupant of any lot, building or structure used or erected for
any purpose involving the receiving, shipping loading or unloading of
animals, goods, wares, merchandise or raw materials, shall provide and
maintain, on the same lot, facilities comprising one or more loading spaces
in accordance with the provision of this Subsection.
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GENERAL PROVISIONS
LOADING SPACE REQUIREMENTS (MINIMA)
The number of loading spaces required on a lot shall be based on the total
net floor areas of all the uses on the said lot for which loading spaces are
required by Clause (a) of this Subsection, in accordance with the following:
less than 250 square metres of total net floor area - 0 loading
spaces;
over 250 square metres up to and including 2,500 square
metres of net floor area - 1 loading space;
over 2,500 square metres up to and including 7,500 square
metres of net floor area - 2 loading spaces;
over 7,500 square metres of net floor area - 2 loading
spaces plus 1 additional loading space for each 10,000
square metres or part thereof of total net floor area in excess
of 7,500 square metres.
(By-law 2006-61)
DIMENSIONS OF LOADING SPACES
A loading space required hereby shall have minimum dimensions of 3.5
metres by 10 metres and a minimum vertical clearance of 4 metres.
LOCATION OF LOADING SPACES
Required loading spaces shall be provided on the same lot occupied by the
building or structure for which the said loading spaces are required, and
shall not form a part of any street or lane.
YARDS WHERE PERMITTED
Loading spaces shall be permitted in any yard, except that:
no part of any loading space shall be located
in the front yard or closer than 3 metres to any
lot line; and
in the case of a through lot, no loading spaces
shall be permitted in any part of the front yard.
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SECTION 3
GENERAL PROVISIONS
ACCESS TO LOADING SPACES
Access to loading spaces shall be provided by means of one or more
unobstructed driveways which:
(i) have a minimum unobstructed width of at least 3.5 metres,
regardless of the direction of traffic flow thereupon, and provide
sufficient space to permit the manoeuvring of vehicles on the lot so
as not to obstruct or otherwise cause a hazard on adjacent streets;
(ii) are contained within the lot on which such loading spaces are
located and lead either to an improved street or to a lane; and
(iii) comply in all other respects with the requirements for driveways
providing access to parking areas and spaces set out in Subsection
(21) of this Section.
SURFACE AND DRAINAGE OF LOADING SPACES AND
DRIVEWAYS
All loading spaces and driveways providing access
thereto shall be provided and maintained with a stable
surface, treated so as to prevent the raising of dust or
loose particles, and including, but not so as to limit the
generality of the foregoing, the following surfacing
materials:
1. crushed stone or gravel; and
2. any asphalt, concrete or other hard surfaced material.
All loading spaces and driveways providing access
thereto shall be drained so as to prevent the pooling of
surface water or the flow of surface water onto adjacent
lots.
The access point to the loading area shall be well
defined.
ADDITION TO EXISTING USE
When a building or structure has insufficient loading spaces on the date of
passing of this By-law to comply with the requirements herein, (this By-law
shall not be interpreted to require that the deficiency be made up) prior to
the construction of any addition, any loading spaces required by this By-law
for such addition shall be provided in accordance with all provisions hereof
respecting loading spaces.
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GENERAL PROVISIONS
EXEMPTION FOR CG ZONES
Notwithstanding any other provision hereof to the contrary, no
loading spaces shall be required for any building, structure or use
located within a CG Zone on Richmond Street or Murray Street west
of Sandwich Street, on Dalhousie Street, on Bathurst Street, or
Ramsey Street.
(17)
LOTS WITH MORE THAN ONE USE OR ZONE
MORE THAN ONE USE
Where a lot contains more than one permitted use
defined separately herein, other than an accessory
use, each such use shall conform to the provisions of
this By-law which are applicable to such use in the
zone in which the said lot is located as if such use
existed independently of any other use.
Where standards or provisions pertaining to two or
more uses on one lot are in conflict, the highest or
most restrictive standards or provisions shall prevail.
MORE THAN ONE ZONE
Where the use or uses of a lot divided into two or more zones are
permitted in all such zones, Subsection (a) does not apply and the said lot
shall be considered to be a single lot as defined herein and the highest or
most restrictive zone requirements pertaining to such use or uses in all the
said zones shall apply throughout the said lot.
(18)
MINIMUM DISTANCE SEPARATION
Notwithstanding any other yard or setback provisions of this By-
law to the contrary, no residential, institutional, commercial,
industrial, or recreational use located on a separate lot and
otherwise permitted by this By-law, shall be established and no
building or structure for such use shall be erected or altered
unless it complies with the Minimum Distance Separation (MDS
I) calculated using Schedule "C" to this By-law.
Notwithstanding any other yard or setback provisions of this By-
law to the contrary, no livestock facility or manure storage
facility shall be erected or expanded unless it complies with the
Minimum Distance Separation (MDS II) calculated using
Schedule "D" to this By-law.
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TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
The Minimum Distance Separation (MDS I and MDS II) shall
not be required between:
i.
a livestock facility and a dwelling or accessory building
on the same lot;
ii.
a cemetery;
iii.
a public utility;
iv.
a sewage treatment facility;
v.
a waste disposal site; or
vi.
a pit or quarry.
(19)
MUNICIPAL SERVICES REQUIRED
Notwithstanding any other provisions of this By-law, no land shall be used nor any
buildings or structures erected or used unless, pursuant to an agreement made or
condition imposed under Sections 41, 45, 51 or 53 of the Planning Act or Section
50 of the Condominium Act, dealing with the provision of any of the municipal ser-
vices as are set out in this By-law, the municipal services to be provided are
available to service the land, buildings or structures, as the case may be
(20)
NON-CONFORMING USES AND LOTS
REBUILDING OR REPAIR PERMITTED
Nothing in this By-law shall prevent the rebuilding or repair of an existing
permitted building or structure, even though such building or structure or the
lot on which such building or structure is located does not conform to one
or more of the provisions of this By-law, provided that the dimensions of the
original building or structure are not increased, the use thereof is not altered,
and the yards appurtenant thereto are not reduced except in accordance
with the provisions of this By-law.
EXTENSIONS PERMITTED AND EXISTING YARDS
RECOGNIZED
Nothing in this By-law shall prevent a vertical or horizontal extension or
addition from being made to an existing or permitted building or structure on
a lot, even though such building, structure or lot or the use thereof does not
conform to one or more of the provisions of this By-law, provided such
extension or addition itself is designed, located, used and otherwise is in
compliance with the provisions of this By-law, except that all yards
appurtenant to an existing building or structure shall be deemed to conform
to the yard and setback requirements of this By-law, notwithstanding that
the width or depth of such yards might be less than that required elsewhere
herein.
LOT AREA OR LOT FRONTAGE LESS THAN REQUIRED
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SECTION 3
GENERAL PROVISIONS
Where a lot having a lesser lot area or lot frontage than that required hereby:
i.
is or has been held under distinct and separate ownership from
abutting lots or was legally created prior to the passing of this By-
law; or
ii.
is created as a result of an expropriation; and
iii.
if within an Agricultural Zone has at least 12.0 m frontage or if
within a Residential Zone has at least 6.0 m frontage;
then the said lot shall be deemed to conform to the requirements of this By-
law with respect to the lot area or lot frontage, and the provisions hereof
respecting lot area and lot frontage shall not apply to prevent the use of a
permitted building or structure thereupon, in accordance with all other
provisions hereof.
SUBSEQUENT CONSENT AND/OR CONDOMINIUM ACT
Where the development of any land is approved under Section 41 of the
Planning Act, and pursuant to a consent subsequently given under Section
53 of the Act, or pursuant to an approval or exemption subsequently given
under Section 50 of the Condominium Act, any part of the land is conveyed
or otherwise dealt with, the regulations of this By-law are hereby deemed to
apply to the land as a whole and to any building or structure thereon in the
same manner and to the same extent as if the consent, approval or
exemption was not given, so long as the land and any building or structure
thereon are used and continue to be used for the purpose for which the
development was approved.
(21)
OPEN STORAGE
OPEN STORAGE REGULATIONS
Except as otherwise provided in Clause (b) of this Subsection, or specifically
listed as a permitted use in a zone, no open storage shall be permitted on
any lot in any zone, except in accordance with the following provisions:
a. Any open storage must be associated with a main use and as regulated by
any other provisions of this By-law.
a. (By-law 2016-32)
b. No open storage area shall be permitted in any required yard or, except in
the case of an agricultural use or the outside display and sale of goods and
materials in conjunction with a permitted commercial use, in any part of a
front yard or exterior side yard.
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GENERAL PROVISIONS
c. No open storage area shall be located closer than 3 metres to any lot line.
d. No open storage area shall be visible from any street or from any adjacent
lot, where such adjacent lot is located in a zone other than a Commercial
Zone or an Industrial Zone, and to this end any open storage area shall be
screened, wherever necessary in order to comply with this provision, by a
planting strip containing an opaque fence, wall or other opaque barrier not
less than 2 metres in height, except that this provision shall not apply to any
storage area accessory to an agricultural use or to the outside display and
sale of goods and materials in conjunction with a permitted commercial use.
e. Any open storage area shall be maintained as landscaped open space or
provided and maintained with a stable surface, treated so as to prevent the
raising of dust or loose particles and drained in accordance with the
requirements of the Corporation, except that this provision shall not apply
to any storage area located on a lot whereon the main use is an agricultural
use.
f. Notwithstanding Paragraph (v) of this Clause, no open storage area shall
be considered part of any landscaped open space required hereby.
g. No parking spaces or loading spaces required by this By-law shall be used
for open storage purposes.
SPECIAL EXCEPTIONS
Nothing in Clause (a) of this Subsection shall apply to prevent or otherwise
restrict the use as an open storage area of any part of:
the front yard on a lot containing an agricultural use, for a
temporary roadside retail farm sales outlet for produce grown on
the said lot; or
a lot containing a single dwelling, for a special temporary sale, by
auction or otherwise, of personal possessions belonging to the
occupants thereof.
(22)
OUTDOOR PATIO ASSOCIATED WITH A RESTAURANT
Notwithstanding any other provisions of this By-law, the following shall apply to an
outdoor patio associated with a permitted restaurant:
CAPACITY
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TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
No outdoor patio shall accommodate more than 50 percent (50%) of the
licensed capacity of the restaurant with which the patio is associated, or 50
persons, whichever is the greater.
LOCATION
i.
No outdoor patio shall be permitted where any lot line adjoins lands
which are in a residential zone class which is not in combination with
another zone, or is separated therefrom by a lane.
ii.
Notwithstanding the provisions of paragraph (i), where only the rear
lot line adjoins a residential zone class which is not in combination
with another zone, or is separated therefrom by a lane, an outdoor
patio shall be permitted in the front yard.
iii.
No outdoor patio shall be located above the elevation of the floor of
the first storey of the principal building where the lot adjoins a
residential zone class which is not in combination with another zone,
or is separated therefrom by a lane.
LIGHTING
Any outdoor lighting shall be directed toward or onto the patio area and
away from adjoining properties and streets.
LOADING
Notwithstanding Subsection (14), no loading space shall be required for an
outdoor patio restaurant.
ENTERTAINMENT
No music (whether performed live or recorded), dancing or other forms of
entertainment shall be permitted.
PARKING
Parking spaces shall be required for the gross floor area associated with
the outdoor patio at the same ratio as for restaurants.
(23)
PARKING REGULATIONS
PARKING SPACES REQUIRED
Except as otherwise provided herein, the owner or occupant of any lot, building or
structure used or erected for any of the purposes set forth in Clause (b) and Clause
(c) of this Subsection, shall provide and maintain, for the sole use of the owner,
occupant or other persons entering upon or making use of the said lot, building or
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SECTION 3
GENERAL PROVISIONS
structure from time to time, one or more parking spaces in accordance with the
provisions of this Subsection.
In addition to the parking spaces required by Section 3(23)(b) and 3(23)(c)
accessible parking spaces shall be required as set forth in the following;
Types of accessible parking spaces:
(i)
Off-street parking facilities must provide the following two types of parking
spaces for the use of persons with disabilities:
a. Type A, a wider parking space which has a minimum width of
3,400 mm and signage that identifies the space as "van
accessible".
b. Type B, a standard parking space which has a minimum width of
2,400 mm.
Access Aisles:
(ii)
Access aisles, that is the space between parking spaces that allows persons
with disabilities to get in and out of their vehicles, must be provided for all
parking spaces for the use of persons with disabilities in off-street parking
facilities.
(iii)
Access aisles may be shared by two parking spaces for the use of persons
with disabilities in an off-street parking facility and must meet the following
requirements:
a. They must have a minimum width of 1,500 mm.
b. They must extend the full length of the parking space.
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TOWN OF AMHERSTBURG
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GENERAL PROVISIONS
c. They must be marked with high tonal contrast diagonal lines,
which discourages parking in them, where the surface is asphalt,
concrete or some other hard surface.
Minimum Number and Type of Accessible Parking Spaces:
(iv)
Off-street parking facilities must have a minimum number of parking
spaces for the use of persons with disabilities, in accordance with the
following requirements:
a. One parking space for the use of persons with disabilities, which
meets the requirements of a Type A parking space, where there
are 12 parking spaces or fewer.
b. Four per cent of the total number of parking spaces for the use of
persons with disabilities, where there are between 13 and 100
parking spaces in accordance with the following ratio, rounding
up to the nearest whole number:
i. Where an even number of parking spaces for the use of
persons with disabilities are provided in accordance with
the requirements of this paragraph, an equal number of
parking spaces that meet the requirements of a Type A
parking space and a Type B parking space must be
provided.
ii. Where an odd number of parking spaces for the use of
persons with disabilities are provided in accordance with
the requirements of this paragraph, the number of parking
spaces must be divided equally between parking spaces
that meet the requirements of a Type A parking space and
a Type B parking space, but the additional parking space,
the odd-numbered space, may be a Type B parking space.
c. One parking space for the use of persons with disabilities and an
additional three per cent of parking spaces for the use of persons
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SECTION 3
GENERAL PROVISIONS
with disabilities, where there are between 101 and 200 parking
spaces must be parking spaces for the use of persons with
disabilities, calculated in accordance with ratios set out in
subparagraphs b i and ii, rounding up to the nearest whole
number.
d. Two parking spaces for the use of persons with disabilities and
an additional two per cent of parking spaces for the use of
persons with disabilities, where there are between 201 and 1,000
parking spaces must be parking spaces for the use of persons
with disabilities in accordance with the ratio in subparagraphs b(i)
and b(ii), rounding up to the nearest whole number.
e. Eleven parking spaces for the use of persons with disabilities
and an additional one per cent of parking spaces for the use of
persons with disabilities, where more than 1,000 parking spaces
are provided must be parking spaces for the use of persons with
disabilities in accordance with the ratio in subparagraphs b(i) and
b(ii), rounding up to the nearest whole number.
(By-law 2022-105)
PARKING SPACE REQUIREMENTS FOR RESIDENTIAL
USES (MINIMA)
i.
Apartment Building
1 per unit
ii.
Boarding Dwelling
0.33 per unit
iii.
Boarding House
See Lodging House
iv.
Converted Dwelling
1 per unit
v.
Duplex
1 per unit
vi.
Fourplex
1.5 per unit
vii.
Group Home
2 spaces
viii.
Lodging House
0.33 per unit
ix.
Mobile Home
1 per unit
x.
Rooming Dwelling
0.33 per unit
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TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
xi.
Rooming House
See Lodging House
xii.
Rowhouse
1 per unit
xiii.
Semi-Detached Dwelling
2 per unit
xiv.
Single Detached
2 per unit
xv.
Special Needs Apartment Building
0.25 per unit
xvi.
Street Rowhouse
2 per unit
xvii.
Triplex
1 per unit
PARKING SPACE REQUIREMENTS FOR NON-
RESIDENTIAL USES (MINIMA)
Agricultural Service Establishment
1 per 30 m² (323 sq. ft.)
Agricultural Supply Establishment
1 per 30 m² (323 sq. ft.) for retail
showroom, plus 1 per 200 m² 2,153
sq. ft.) for warehousing/ wholesaling
Amusement Game Establishment
1 per 25 m² (269 sq. ft.)
Animal Hospital
1 per 45 m² (484 sq. ft.)
Arena (No Seats)
1 per 35 m² (376 sq. ft.)
Arena (With Seats)
1 per 8 seats
Art Gallery
1 per 50² (538 sq. ft.)
Assembly Hall
1 per 8 seats or
1 per 35 m2 (376 sq. ft)
whichever is greater
Auction Establishment
1 per 30 m² (323 sq. ft.)
Auditorium
1 per 8 seats
Automobile Rental Establishment
1 per 25 m² (269 sq. ft.)
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TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
Automobile Sales & Service
Establishment
See Vehicle Sales and Rental
Establishment
Automobile Service Station
6 per bay
Automobile Supply Store
1 per 25 m² (269 sq. ft.)
Bake Shop
1 per 25 m² (269 sq. ft.)
Bakery
1 per 100 m² (1,076 sq. ft.)
Banquet Hall
See Assembly Hall
Body Shop
1 per 30 m² (323 sq. ft.)
Bowling Alley
See Commercial Recreation Establishment See Commercial Recreation Establishment See Commerc
ial Recreation Establishment
Building or Contracting
Establishment
See Manufacturing Establishment
Building Supply Outlet
1 per 30 m² (323 sq. ft.)
for retail/showroom plus 1 per 200 m2 (2,153 sq. ft.) for warehousing/ wholesaling 1 per 30 m² (323 sq. ft.) for retail/showroom plus 1 per 200 m2 (2,153 sq. ft.) for warehousing/ wholesaling 1 per 30 m² (323 sq. ft.) for retail/showroom plus 1 per 200 m2 (2,153 sq. ft.) for warehousing/ wholesaling 1 per 30 m² (323 sq. ft.) for retail/showroom plus 1 per 200 m2 (2,153 sq. ft.) for warehousing/ wholesaling 1 per 30 m² (323 sq. ft.) for retail/showroom plus 1 per 200 m2 (2,153 sq. ft.) for warehousing/ wholesaling 1 pe
r 30 m² (323 sq. ft.) for retail/showroom plus 1 per 200 m2 (2,153 sq. ft.) for warehousing/ wholesaling
Bulk Beverage Establishment
1 per 30 m² (323 sq. ft.)
Bulk Sales Establishment
1 per 30 m² (323 sq. ft.)
Business Service Establishment
1 per 50 m² (538 sq. ft.)
Car Wash
3 queuing spaces in advance of
each service bay or area for a
manual car wash; 6 queuing spaces
in advance of each service bay for
an automated car wash (By-law
2006-61)
Catalogue Store
See Retail Store See Retail Store See Retail Store
Caterer's Establishment
1 per 200 m² (2,153 sq. ft.)
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TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
Chronic Care Facility
See Nursing Home
Church
See Place of Worship
Cinema
See Auditorium
Clinic and Outpatient Clinic
1 per 20 m² (215 sq. ft.)
Commercial Outdoor Recreation
Facility
1 per 1000 m² (10,764 sq. ft.)
Commercial Recreation
Establishment
1 per 30 m² (323 sq. ft.)
Commercial School
See School
Commercial Storage Unit
1 per 200 m² (2,153 sq. ft.)
Community Centre and Hall
1 per 8 seats or 1 per 35 m2 (376 sq.
ft.) whichever is greater
Continuum-of-Care Facility
See Appropriate Components as
Proportioned
Convenience Store
See Variety Store
Data Processing Establishment
1 per 40 m² (430 sq. ft.)
Day Care
1 per 40 m² (430 sq. ft.)
Department Store
1 per 30 m² (323 sq. ft.)
Drive-Through Facility
3 queuing spaces in advance of
each
drive-through
window
or
service outlet (By-law 2006-61)
Driving Range (Golf)
1.5 per tee
Drug Store
See Pharmacy
Dry Cleaning and Laundry Depot
1 per 25 m² (269 sq. ft.)
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TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
Dry Cleaning and Laundry Plant
1 per 200 m² (2,153 sq. ft.)
Dry Cleaning Establishment
1 per 50 m² (538 sq. ft.)
Duplicating Shop
1 per 25 m² (269 sq. ft.)
Electrical and Electronic Products
See Manufacturing Establishment
Emergency Care Establishment
1 per 40 m² (430 sq. ft.)
Film Processing Depot
1 per 25 m² (269 sq. ft.)
Financial Institution
1 per 30 m² (323 sq. ft.)
Fire Station
1 per 1.5 employees
Florist Shop
See Retail Store
Food Store
1 per 25 m² (269 sq. ft.)
Food, Tobacco and Beverage
Processing
See Manufacturing Establishment See Manufacturing Establishment See Manufacturing Establishment
Funeral Home
Greater of 1 per 20 m2 (215 sq. ft)
or 20 spaces
Gallery
See Art Gallery
Gas Bar
3 spaces
General Offices
1 per 40 m² (430 sq. ft.)
Grocery Store
See Food Store
Hardware Store
1 per 25 m² (269 sq. ft.)
Home and Auto Supply Store
1 per 25 m² (269 sq. ft.)
Home Appliance Store
1 per 30 m² (323 sq. ft.)
Home Decorating Store
1 per 30 m² (323 sq. ft.)
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TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
Home Furnishings Store
1 per 30 m² (323 sq. ft.)
Home Improvement Store
1 per 30 m² (323 sq. ft.)
Homes for the Aged
See Rest Home
Hospital
1.25 per bed
Hotel
1.25 per unit
Industrial and Agricultural
Equipment and Service
1 per 30 m² (323 sq. ft.)
Kennel
1 per 25 m² (269 sq. ft.)
Laboratory
1 per 45 m² (484 sq. ft.)
Laundromat/Laundry
1 per 25 m² (269 sq. ft.)
Library
1 per 50 m² (538 sq. ft.)
Liquor, Beer and Wine Store
1 per 25 m² (269 sq. ft.)
Manufacturing and Assembly
See Manufacturing Establishment
Manufacturing Establishment
1 per 100 m² (1,076 sq. ft.)
Marina (Transient)
1 per 10 slips
Marina (Seasonal)
1 per slip
Miniature Golf Course
1 per tee
Motel
1.25 per unit
Museum
1 per 50 m² (538 sq. ft.)
Music School
1 per 45 m² (484 sq. ft.)
Nursery and Garden Store
1 per 30 m² (323 sq. ft.)
Nursing Home
1 per 3 beds
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SECTION 3
GENERAL PROVISIONS
Office, Business, Service and
Professional
1 per 40 m² (430 sq. ft.)
Office, Medical/Dental
1 per 20 m² (215 sq. ft.)
Office Supply Outlet
See Retail Store
Office, Support
1 per 45 m² (484 sq. ft.)
Open Storage
1 per hectare (2.5 acres)
Paper and Allied Products Industry
See Manufacturing Establishment
Personal Service Establishment
1 per 20 m² (215 sq. ft.)
Pharmaceutical and Medical
Products Industry
See Manufacturing Establishment See Manufacturing Establishment See Manufacturing Establishment
Pharmacy
1 per 25 m² (269 sq. ft.)
Place of Worship
1 per each 5 persons seating capacity 1 per each 5 persons seating capacity 1 per each 5 persons seating capacity 1 per each 5 persons seating capacity 1 per each 5 persons seating capacity 1 per each 5 persons seating capacity
1 per each 5 persons seating capacity
Police Station
1 per 1.5 employees
Post Office
1 per 30 m² (323 sq. ft.)
Printing Establishment
1 per 200 m² (2,153 sq. ft.)
Printing Plant
1 per 100 m² (1,076 sq. ft.)
Printing, Reproduction and
Data Processing Industries
See Manufacturing Establishment See Manufacturing Establishment See Manufacturing Establishment
Printing Shop
1 per 100 m² (1,076 sq. ft.)
Private Club
1 per 20 m² (215 sq. ft.)
Private Outdoor Recreation Club
1 per 700 m² (7,535 sq. ft.) of lot
area for the first 10 ha (25 ac.),
plus1 per 5000 m2 (53,820 sq. ft.) of
lot area over 10 ha (25 ac.)
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
Processed Goods Industry
See Manufacturing Establishment
Public Hall
See Assembly Hall
Public Recreation Facility
1 per 35 m² (376 sq. ft.)
Public Use
1 per 45 m² (484 sq. ft.)
Public Utility
See Public Use
Racquet Facility
2 per court
Raw Materials Processing
See Manufacturing Establishment
Recreational Establishment
1 per 20 m² (215 sq. ft.)
Repair and Rental Establishment
1 per 20 m² (215 sq. ft.)
Research and Development
Establishment
See Manufacturing Establishment
Resource Extraction Operation
2 spaces
Rest Home
1 per 3 beds
Restaurant, Drive-Through
1 per 10 m2 plus 6 queuing spaces
in advance of each drive-through
window or service outlet (By-law
2006-61)
Restaurant, Eat-In and Outdoor
Patio
1 per 15 m² (161 sq. ft.)
Restaurant, Fast-Food, and Take-
Out
1 per 10 m² (107 sq. ft.)
Restricted Manufacturing and
Assembly
See Manufacturing Establishment See Manufacturing Establishment See Manufacturing Establishment
Retail Store
1 per 25 m² (269 sq. ft.)
Retirement Lodge
1 per 3 beds
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
School, Commercial
1 per 45 m² (484 sq. ft.)
School, Community College
1 per 100 m² (1,076 sq. ft.)
plus 1 per 15 students
School, Elementary
3 plus 1 per classroom
School, Private
3 per classroom
School, Secondary
3 per classroom
Service and Repair Establishment
1 per 25 m² (269 sq. ft.)
Service Shop
1 per 25 m² (269 sq. ft.)
Shopping Centre
(Greater than 2000 m² and with 4 or
more
individual
business
establishments)
1 per 30 m² (323 sq. ft.)
Gross Leaseable Floor Area
Stadium
See Auditorium
Storage Depot
See Warehousing
Studio
1 per 45 m² (484 sq. ft.)
Supermarket
See Food Store
Supervised Residence
1 per 4 residents
Tavern
1 per 6 m² (65 sq. ft.)
Taxi Establishment
1 per 6 m² (65 sq. ft.)
Tennis Club
2 per court
Tennis Court (Outdoors)
2 per court
Textile Processing
See Manufacturing Establishment
Theatre
See Auditorium
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
Tourist Establishment
1 per available unit
Transport Terminal
1 per 100 m² (1,076 sq. ft.)
Variety Store
1 per 25 m² (269 sq. ft.)
Vehicle Repair Garage
6 per bay
Vehicle Sales and Rental
Establishment
1 per 100 m² (1,076 sq. ft.)
Veterinarian's Clinic
See Animal Hospital
Video Rental Establishment
1 per 25 m² (269 sq. ft.)
Warehousing
1 per 200 m² (2,153 sq. ft.)
Wholesale Establishment
1 per 150 m² (1,614 sq. ft.)
Wholesale Outlet/Uses
1 per 125 m² (1,345 sq. ft.)
Winery
1 per 100 m² plus 1 per 45 m² of
accessory office/retail/laboratory
space (By-law 2006-61)
CALCULATION OF PARKING REQUIREMENTS
i.
Where a part of a parking space is required in accordance with
this By-law for a use listed in Clause (b) or Clause (c) of this
Subsection, such part shall be considered 1 parking space for
the purpose of calculating the total parking requirements for the
said use.
ii.
Where a building, structure or lot accommodates more than one
type of use as set out in Clause (b) or Clause (c) of this
Subsection, the total parking space requirement for such
building, structure or lot shall be the sum of the requirements for
the separate uses thereof.
iii.
Parking spaces required in accordance with this By-law shall not
include any parking space used or intended to be used primarily
for the storage or parking of vehicles for hire or gain, display or
sale.
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TOWN OF AMHERSTBURG
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GENERAL PROVISIONS
DIMENSIONS OF PARKING SPACES
A parking space required hereby shall have minimum rectangular
dimensions of 2.8 metres by 5.5 metres (9 ft. X 18 ft.), except that:
i.
the minimum width of a parking space accessory to a single
dwelling shall be 2.5 metres; and
ii.
where the principal access to a parking space is provided on the
longest dimension of such parking space, the minimum dimensions
of the said parking space shall be 2.5 metres by 6.7 metres.
LOCATION OF PARKING AREAS
With the exception of the Commercial Zones, all required parking spaces
shall be provided on the same lot occupied by the building, structure or use
for which such parking spaces are required, and shall not form a part of any
street or lane. Within the Commercial Zones, the required parking spaces
may be supplied within 90 metres (288 ft.) of the main pedestrian access of
the building, structure or use for which the parking spaces are required,
provided a Site Plan Agreement is registered on title of the lands used for
parking committing said parking spaces to the related commercial site.
YARDS WHERE PERMITTED
Notwithstanding the yard and setback provisions of this By-law to the
contrary, uncovered surface parking areas shall be permitted in the required
yards or in the area between the required road allowance and the required
setback as follows:
Zone
Yard in Which Required
Parking Area Permitted
Commercial, Institutional
All yards provided that no part of any
parking area, other than a driveway, is
located closer than 3 metres (9.8ft) to any
street line, except in the CG Zones or the
RO Zones where parking shall not be
permitted in the front yard.
Residential - single
dwelling, semi-detached,
duplex, triplex, converted,
fourplex street rowhouse
(a) The side yard and rear yard, except for
a side yard immediately adjacent to a
street, provided that no part of any
parking area is located closer than one
metre (3.3 ft) to any street line; and
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TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
Zone
Yard in Which Required
Parking Area Permitted
(b) Driveways in the front yard or driveways
in the side yard immediately adjacent to
a street
Multiple Residential
Dwelling
All
yards
provided
that
no
multiple
residential dwelling, part of any parking
area, rowhouse other than a driveway, is
located closer than 6 metres (19.68 ft.) to
any street line and no closer than one metre
(3.3 ft.) to any side lot line.
Industrial
All yards provided that no part of any
parking area, other than a driveway, is
located closer than one metre (3.3 ft.) to any
street line.
PARKING STRUCTURES
Where a parking area located in a structure is accessory to a permitted use
on a lot, then such structure shall conform to all the provisions for accessory
uses set out in Subsection (1) of this Section.
ACCESS TO PARKING AREAS AND SPACES
i.
Access to parking areas shall be provided from an improved street by means of
one or more unobstructed driveways at least 3 metres and not more than fifty
percent (50%) of the lot frontage up to a maximum of nine (9.0) metres (29.53 feet)
for a driveway accessory to a single dwelling and not more than 10 metres in width
for any other driveway, measured parallel to the said street, at any point on the lot
closer to the said street than the street setback required therefrom. Notwithstanding
the above provision; driveway widths for cul-de-sacs with reduced lot frontage will be
permitted to not more than fifty percent (50%) of the lot width up to a maximum of
nine (9.0) metres (29.53 feet) for a driveway accessory to a single dwelling (By-Law 2019-
028)
ii.
Driveways and parking aisles shall have a minimum unobstructed width of 6 metres
where two-way traffic is permitted and 3 metres where only one-way direction of
traffic flow is permitted and is clearly indicated by signs, pavement markings or
both, except that the minimum width required for any driveway accessory to a
single dwelling shall be 3 metres.(By-Law 2018-88)
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TOWN OF AMHERSTBURG
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GENERAL PROVISIONS
iii.
Each required parking space shall be readily accessible at all times for the parking
or removal of a vehicle and vehicular access to any such parking space shall be
not impeded by any obstruction except as provided in Paragraph (iv) of this Clause
except that this provision shall not apply to prevent the use as a parking space of
any part of a driveway accessory to a single dwelling, provided that no parking
space shall obstruct access to a parking area on any other lot.
iv.
Nothing in this By-law shall prevent the obstruction of a driveway by a gate, a well
identified recognizable temporary barrier or similar obstruction used solely to
restrict access to the said driveway and designed to be easily raised, swung aside
or otherwise opened or removed when necessary to permit passage of a vehicle.
v.
The minimum angle of intersection between a driveway and a street line shall be
60 degrees.
vi.
The minimum angle of intersection between a driveway and a street line shall be
60 degrees.
vii.
The minimum distance between a point of intersection of street lines, such point of
intersection being determined in the manner set out in Section 2 Definitions for
sight triangle and Section 3 (24) thereof, and a driveway providing access to a lot
from an improved street, measured along the street line intersected by such
driveway, shall be 8 metres.
viii.
Where a two-way driveway is divided into two one-way driveways by a curb, an
area of landscaped open space or any other obstruction, such driveway shall, for
the purpose of this Subsection, be considered a single driveway, albeit divided,
provided that such driveway does not exceed 10 metres in total width, measured
in accordance with Paragraph (i) of this Clause.
ix.
For agricultural uses, driveways to parking areas shall be provided from an
approved street by means of one or more unobstructed driveways not less than 3
metres in width and not more than 10 metres in width. The maximum number of
driveways shall be not more than two driveways for the first 100 metres of lot
frontage plus one driveway for each additional 100 metres of lot frontage
thereafter. (By-Law 2018-88)
x.
Nothing in this Subsection shall apply to prevent the use of a right-of-way as a
means of obtaining access to a parking area, provided the said right-of-way has
been specifically established for such purpose, or to prevent the establishment of
abutting driveways or parking aisles along a common lot line, provided the
combined width of any abutting driveways does not exceed 10 metres measured
in accordance with Paragraph (i) of this Clause.
94
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
SPECIAL PARKING PROVISIONS FOR RESIDENTIAL
ZONES
i.
In any residential zone, all parking spaces shall be located in a
garage or carport or in a side or rear yard, or only on a driveway in
the front yard.
ii.
In any residential zone, no vehicle shall be parked on any part of a
lot other than in a garage, carport, required parking area or on a
driveway.
iii.
There shall only be one entrance permitted for each single,
residential lot in any residential zone, other than the R1A Zone
where two driveways may be permitted based on a minimum of 30
metres of frontage on the streetline. Two entrances are permitted
for multiple residential unit buildings.
iv.
Entrances will not be permitted within the sight triangle as defined
in the General Provisions and definitions as Sight triangle.
v.
Entrances will not be permitted on a curve or in a location with
restricted sight lines.
(By-law No. 2017-33)
SURFACE AND DRAINAGE OF PARKING AREAS AND
DRIVEWAYS
i.
All parking areas and driveways shall be provided and maintained
with a stable surface, treated so as to prevent the raising of dust or
loose particles, using such surfacing materials as any asphalt,
concrete or other hard-surfaced material. In the Heavy and
Extractive Industrial Zones, Agricultural Zone and Residential
Zones R1, R1A, R1B, R2, R3 and RH, crushed stone or gravel may
be used.
ii.
Only asphalt surfaces, crushed stone or gravel shall extend to the
road edge where curbs are not present. Concrete, brick and other
hard surfaces shall terminate at point as not to interfere with winter
operations. (By-Law 2018-88)
iii.
All parking areas and driveways shall be drained so as to prevent
the pooling of surface water or the flow of surface water onto
adjacent lots.
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TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
iv.
The access point to parking areas shall be clearly defined by a curb
of concrete or rolled asphalt.
ADDITION TO EXISTING USE
Where a building or structure has insufficient parking spaces on the date of
passing of this By-law to conform to the requirements herein, this By-law
shall not be interpreted to require that the deficiency be made up prior to
the construction of any addition or a change of use provided, however, that
any additional parking spaces required by this By-law for such addition or
change of use are provided in accordance with all provisions thereof
respecting parking spaces and parking areas.
OTHER PARKING REGULATIONS
i.
Nothing in this By-law shall prevent the erection of a shelter for
use solely by parking attendants or security personnel in any
part of a parking area, except within a sight triangle, provided
such shelter is not more than 4.5 metres in height and has a
floor area of not more than 5 square metres.
ii.
No gasoline retail outlet or automobile service station shall be
located or maintained on any parking area except where
specifically permitted by this By-law.
iii.
Recreational Vehicle Storage
In any residential zone, the owner or occupant of any lot may
store a maximum of two (2) recreational vehicles, provided that
they are the owner of such recreational vehicles and that such
storage is prohibited in the front yard for the period of
November 1 to April 30. During the period of May 1 to October
31, the parking of a recreational vehicle in the front yard shall
be limited no closer than three (3) metres to the travelled
portion of the road allowance. Recreational vehicles may be
stored in any rear or side yard behind or beside the main
building provided the vehicle is no closer than one and a half
(1.5) metres to any property line of any property located in a
Residential Zone.
(By-law 2015-114)
iv.
No commercial vehicle or motorized construction equipment
shall be parked or stored on any part of a Residential Zone,
except for commercial vehicles which:
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TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
v.
have dimensions not greater than 2.4 metres (7.9 ft.) of width,
2.4 metres (7.9 ft.) of height above ground, nor 6 metres (20
ft.) of length; or
vi.
are parking or stored within a building or carport or within a
yard other than a front yard, or exterior side yard, or a required
interior side yard;
vii.
or except for the purpose of making deliveries or otherwise
providing services, on a temporary basis, to a Residential lot.
viii.
Motor vehicles and trailers lacking current valid license plates
shall be parked or stored only within a private garage or other
building, except that this provision shall not apply to a permitted
vehicle sales or rental establishment or salvage yard nor to the
storage of agriculture related vehicles.
(24)
PRIVATE WELLS
1.
Well Drilling Prohibition' Area
A private well shall only be permitted within the 'Well Drilling Prohibition area (
Schedule E ) f or t he p urposes o f e nvironmental s ite r emediation, w ater m
onitoring or site de-watering, heating and cooling or manufacturing purposes.
2.
All Other Areas of the Municipality
i. The addition of Regulations in the General Provisions that for all other
areas of the municipality, a private well may be permitted for non-
residential uses other than human consumption such as irrigation, cooling,
heating, manufacturing, water monitoring, environmental site remediation,
and site de-watering.
ii. Within the area outside of the 'Well Drilling Prohibition' area (remainder of
the municipality) a well which legally existed on the date of the adoption of
this by-law shall also be permitted as existing.
(25)
REDUCTION OF LOT AREA
PROHIBITION
No person shall reduce the lot area, or make any changes in the
dimensions, of a lot by the conveyance or alienation of any portion thereof
or otherwise, except by a conveyance in accordance with Clause (b) of this
Subsection, so that any building or structure on such lot shall have a lot
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SECTION 3
GENERAL PROVISIONS
coverage that exceeds, or a front yard depth, side yard depth, rear yard
depth, lot frontage, lot area or area of landscaped open space that is less
than that permitted by this By-law for the zone in which such lot is located.
LOTS REDUCED BY PUBLIC ACQUISITION
Where the area of a lot is reduced by means of an acquisition of part of the
lot by a public agency for the purpose of providing a public service, and
where such acquisition causes the lot as reduced, or any building or
structure existing lawfully on the lot on the date of such acquisition, to have
a lot area, lot frontage, lot coverage, area of landscaped open space,
setback, front yard depth, side yard depth or rear yard depth that does not
conform to the requirements hereof for the zone in which such lot is located,
then nothing in this By-law shall apply to prevent the continued use of the
lot as reduced as if no such acquisition had taken place, provided that:
i.
no change is made in the dimensions, area or any other
characteristics of the lot as reduced, subsequent to the date of such
acquisition, that would increase the extent of the said
nonconformity; and
ii.
no building or structure or addition thereto is erected on the lot as
reduced, subsequent to the date of such acquisition, except in
accordance with all the provisions hereof for the zone in which such
lot is located.
(26)
SETBACKS
SPECIAL SETBACK SELECT ROADS
Notwithstanding any other provisions of this By-law, where a building or
structure is located adjacent to a road listed below, setbacks shall be
provided and maintained for each road as listed below or the front yard
depth provision of the appropriate zone, whichever is the greater.
Road
Location
Setback
Sandwich St.
Brunner Road to Fort St
25 m
Sandwich St.
Fort St. to Park St.
11.5 m
Sandwich St.
Park St. to Southern limit of
Corporation
30 m
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 3
GENERAL PROVISIONS
Road
Location
Setback
Alma St.
Sandwich St. easterly to
Corporation limits
25m
Simcoe St.
Sandwich St. easterly to
Corporation limits
25m
Richmond St.
Seymour St. easterly to
Corporation limits
No minimum
Murray St.
Sandwich St. to Dalhousie St.
No minimum
Dalhousie St.
Rankin St. to Park St.
No minimum
Notwithstanding any yard or setback provisions of this By-law to the
contrary, no part of any building or structure erected hereafter shall be
closer than twenty-six (26) metres to the centreline of a County Road and,
where a municipal drain running parallel to the direction of the road lies
within the road allowance or adjacent to it, the building setback shall be
thirty-four (34) metres from the said road centreline on the side containing
the municipal drain. This provision does not apply to County Road 20
between Brunner Avenue and Lowe Sideroad.
For all other streets within the Corporation, the front yard depth provision of
the zone shall apply.
EXEMPTION IN BUILT-UP AREAS
The minimum setback required on a lot that is between two adjacent lots on
which are located existing buildings not more than 90 metres apart shall be
the average of the established building lines on the said adjacent lots,
provided that no setback requirement calculated in accordance with this
Clause shall exceed the applicable setbacks required of the appropriate
zone provisions.
SETBACKS FROM LAKE ERIE
Notwithstanding any other provisions of the By-law to the contrary, no part
of any building or structure, other than a fence, hedge or shoreline
protection wall, shall be erected in any zone or defined area:
i.
within thirty (30) metres of the water's edge of Lake Erie where
erosion facilities and shore protection works described below
have not been constructed;
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GENERAL PROVISIONS
ii.
within fifteen (15) metres of the water s side of the erosion facility
or the shoreline protective work where adequate erosion
facilities and shore protective works as recommended by the
Essex Region Conservation Authority or a qualified professional
engineer have been constructed.
1. Rear Yard Depth
In addition to the setback requirements in the Subsections above, on
any lot that abuts Lake Erie the required rear yard depth shall be the
rear yard depth required by the zone regulation applicable to the site,
or the established waterfront building line or the setback as
determined in the Subsections above, whichever is the greater. For
the purpose of this Subsection, established waterfront building line
shall be calculated by taking the average depth of the existing main
building on the two adjacent lots as measured from the waters edge to the closest exterior wall of the main building and parallel to the front lot line. Where there is an existing building on only one side of the lot, the established waterfront building line will be calculated by taking the average depth of the existing main building on the adjacent lot as measured from the water
s edge to the closest exterior wall of
the main building and the measurement of 7.5 m for the vacant
adjacent lot.
(By-law 2006-61)
2. Accessory Buildings and Structures
Notwithstanding Section 3(1) of the General Provisions, no person
shall construct an accessory building or structure within the
prescribed rear yard limits, except a deck, boat lift, boat well, boat
house, dock, steps and/or shoreline protective works, provided that
the said facilities are constructed as prescribed in a permit issued by
the applicable Conservation Authority in consultation with the Town.
(By-law 2015-114)
SETBACK FROM DETROIT RIVER SHORELINE
Notwithstanding any other provisions of this By-law to the contrary, no part
of any building or structure, other than a fence, hedge or shoreline
protection work shall hereafter be erected in any zone or defined area:
i.
within fifteen (15.0) metres of the water's edge of the Detroit
River, measured horizontally along a line perpendicular to a
line drawn along the water's edge, where adequate erosion
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GENERAL PROVISIONS
facilities and shore protection works as recommended by the
Essex
Region
Conservation
Authority
or
a
qualified
professional engineer have not been constructed;
ii.
within eight (8.0) metres plus the depth of the water's edge of
the Detroit River, measured horizontally along a line
perpendicular to a line drawn along the water's edge, where
adequate erosion facilities and shore protection works as
recommended by the Essex Region Conservation Authority or
a professional hydrological engineer have been constructed;
(By-law 2019-028)
iii.
in addition to the setback requirements in the Subsections
above, on any lot that abuts the Detroit River, west of County
Road 20 (former Highway No. 18), south of County Road 10
and north of Texas Road, the following regulations shall also
apply:
a) On the north half of part Lot 14 and Part of Lots 15, 16, 17,
and 18, Concession 1, no part of any building or structure shall
be erected beyond a line measured forty-seven (47) metres
from the centreline of County Road 20 road allowance. The
General Provision on Yard Encroachment does not apply to
this area;
b) On the southern half of Part of Lot 14 and Part of Lots 13, 12,
11, and 10, Concession 1, no part of any building or structure
shall be erected beyond an established building line. For the
purpose of this Section, an established building line shall be
drawn from the closest existing single dwelling to the north of
the proposed development to the closest existing single
dwelling to the south of the proposed development. That part
of the existing single dwelling that is to be used when drawing
the established building line is that point of each dwelling that
is closest to the Detroit River. The General Provisions Section
on Yard Encroachments in required yards does not apply to
development in this area;
c) Notwithstanding the section above, on Lot described as Parts
1, 2, 3, and 4 of Registered Plan 12R-6025, Part of Lot 11,
Concession 1, no part of any building or structure shall be
erected beyond an established building line. For this lot only,
the established building line shall be drawn from the existing
single dwelling two (2) lots to the north (municipally known as
600 Front Road N) of the subject property to the existing
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GENERAL PROVISIONS
single dwelling to the south of the proposed development.
That part of the existing single dwelling that is to be used when
drawing the established building line is that point of the
foundation of each dwelling that is closest to the shoreline of
the Detroit River. The General Provisions Section on Yard
Encroachment in required yards does not apply to
development on the lot described as Parts 1,2,3, and 4 of
Registered Plan 12R-6025, Part of Lot 11, Concession 1;
d) Nothing in this Section shall apply to the construction of an
unenclosed boat dock not greater than one (1) metre above
the high water datum.
SETBACKS
FROM
INLAND
WATERCOURSES
AND
MUNICIPAL DRAINS
No part of any building or structure, other than a permeable fence, shall
hereafter be erected in any zone or defined area closer to an inland
watercourse not affected by the Floodplain Development Control Area or an
open municipal drain than eight (8.0) metres (26.24 feet) plus the depth of
the watercourse or drain to a maximum of fifteen (15) metres (50 feet), from
the top of bank, measured horizontally along a line perpendicular to a line
drawn along the top of bank, or in the case where a drain may be covered,
the minimum setback shall be six (6) metres (20 feet) from the centreline
of the drain, except that the minimum setback shall be one and a half (1.5)
metres (5 feet) from a covered drain for accessory buildings or structures in
Residential zones.
(By-law 2019-028)
CAR WASHES AND DRIVE-THROUGHS - SETBACKS
FROM RESIDENTIAL
Drive-through facilities, drive-through restaurants and car washes, as
defined herein, shall be separated from any boundary of a Residential Zone
by a minimum distance of 10 metres, measured from the nearest point along
the lane providing access to and egress from the drive-through or car wash
facility, and any part of the associated buildings or structures including
speakers and menus/display boards, to the nearest point along the
Residential Zone boundary.
(By-law 2006-61)
(27)
SHIPPING CONTAINERS
The permanent placement of shipping containers as storage containers
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GENERAL PROVISIONS
is prohibited in all areas other than Industrial Zones and Agricultural
Zones. For those areas not zoned Industrial or Agricultural, the temporary
use of shipping containers for moving purposes or on construction sites
will be permitted subject to regulations such as limiting the duration of the
temporary placement of a shipping container, specifying setback distance
from lot lines to maintain proper spatial separation and safe sight lines,
and restricting the number of containers per property and the maximum
size of a container.
For Agricultural and Industrial Zones, the use of permanent shipping
containers for storage would be allowed subject to the
following provisions:
(i)
Permanent Shipping Containers require building permits and
shall only be permitted as an accessory use on a lot where a
principal use already exists;
(ii)
Shipping Containers shall be used exclusively for storage
purposes and not be used for human habitation, home
industry, or any occupation or business;
(iii)
The maximum number of shipping containers on any property
shall be limited to two (2) unless the shipping containers are
used in transportation of goods and materials in which case
no maximum shall apply.
(iv)
shall not be used for human habitation, office use, display,
advertising, screening or fencing;
(v)
shall only be located in the side yard or rear yard provided it:
a)
is screened from view if the side yard or rear yard
abuts a street or properties zoned other than industrial
or agricultural;
b)
complies with the lot coverage and accessory
buildings and setback requirements of the zone;
c)
is not located in any required parking areas or
landscaped areas/buffer;
(vi)
shall be included in the calculation of lot coverage;
vii)
shall not exceed a height of 3.0 metres and a length of 12.0
metres and shall not be stacked one on top of the other; and
viii)
Shipping containers shall be in a condition free from rust,
peeling paint and any other form of visible deterioration.
For all other zones with the exception of Wetland (W) Zone
and all Environmental Protection (EP) Zones, the use of
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GENERAL PROVISIONS
shipping containers will be subject to the following provisions:
(i)
shipping containers will be permitted as temporary
storage units;
(ii)
notwithstanding any other provision of this By-law a
maximum of one (1) temporary storage unit shall
temporarily be permitted to be located in a driveway of
a residential lot for the purposes of loading and
unloading household items during the process of
moving, provided that it is removed from the lot within
thirty (30) days. A person may apply, however, for up
to two 30-day extensions. A temporary storage unit
shall not be permitted on the premises for more than
ninety (90) consecutive days;
(iii)
a temporary storage container shall:
a) not encroach onto a public sidewalk;
b) not be located in a daylight corner;
c) not be located closer than 0.6 m from
any lot line, and;
d) not exceed a height of 3.0 metres and a length of
e) 12.0 metres and shall not be stacked
one on top of the other.
(iv)
notwithstanding any other provision of this By-law, a
temporary storage container is permitted on a
construction site in any Zone being developed on a
stand-alone basis used in conjunction with a
construction or renovation project under a building
permit, or under a plan of subdivision for the purposes
of temporary storage of equipment and materials
incidental to construction only, and subject to the
following restrictions:
a) not to exceed two (2) in number, and;
b) shall be permitted for the entire term of the
construction period, up to a maximum of one
(1) year, at which time an extension can be
applied for.
(By-Law 2019-072)
(28)
SIGHT TRIANGLES/DAYLIGHT CORNERS
PROHIBITION OF OBSTRUCTIONS
Notwithstanding any other provisions hereof to the contrary, within any area
defined herein as a sight triangle, no building or structure shall be erected,
no vehicle shall be parked, no land shall be graded and no landscaping
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GENERAL PROVISIONS
materials shall be permitted to grow above the height of 0.6 metres above
the elevation of the centreline of the said street, in such manner as to
impede or obstruct the vision of persons driving vehicles on an abutting
street.
EXTENT OF SIGHT TRIANGLES
For the purpose of calculating the extent of a sight triangle, the distance
between the point of intersection of the two lot lines and their respective
points of intersection with the line constituting the third side of the triangle
shall be 6 metres and 23 metres where a street intersects a railway right-
of-way at grade in an area with speed limits of 50 kilometres per hour or
less and 50 metres where a street intersects a railway right of way at grade
in an area with speed limits greater than 50 kilometres per hour, or such
greater distance as may be required from time to time by the Canadian
Transportation Commission.
(29)
SWIMMING POOLS
PRIVATE OPEN SWIMMING POOLS
Notwithstanding any other provision of this By-law to the contrary, the
following provisions shall apply with respect to the erection or use of any
private open swimming pool not enclosed or otherwise located within a
building:
i.
No private open swimming pools or related structures shall be
permitted anywhere within the zoned area except:
1. in an interior side yard or rear yard on a lot containing a permitted dwelling unit;
or
2. in any yard other than a required yard on a lot containing a permitted motel or
private club.
i.
No interior wall surface of any open swimming pool, nor any related
structure other than a fence, shall be located closer than 1.5 metres
to any lot line or closer to any street than the setback required
therefrom.
ii.
No water circulating or treatment equipment such as pumps or filters
or any accessory building or structure containing such equipment,
shall be located closer than 1.0 metres to any lot line. (By-law 2006-
40)
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SECTION 3
GENERAL PROVISIONS
iii.
No part of any open swimming pool shall be greater than 2 metres
in height, exclusive of related structures which shall not exceed 5
metres in height.
iv.
Every open swimming pool shall be enclosed in accordance with the
Corporation's By-law governing the erection and maintenance of
fences and gates around private outdoor open swimming pools.
LOT COVERAGE EXEMPTION
Notwithstanding any other provisions of this By-law to the contrary, no open
swimming pools or any related structures shall be considered part of the lot
coverage of a lot, but where a swimming pool is enclosed with a building or
where a structure appurtenant to a swimming pool constitutes a building as
defined herein, such building shall comply with any lot coverage
requirements set out herein for the zone in which such building is located,
but shall be exempt from the lot coverage requirements for accessory uses
set out in Section 3(1) hereof.
INDOOR SWIMMING POOLS
Any swimming pool located within a building as defined herein shall comply
with the provisions for accessory uses set out in Section 3(1) hereof, where
such swimming pool is located within an accessory building, or with the zone
requirements set out herein for the zone in which such swimming pool is
located, where such swimming pool is located within a main building.
PUBLIC SWIMMING POOLS
Any public swimming pool and any related buildings or structures shall
comply with the zone requirements set out herein for the zone in which such
swimming pool is located.
COMPLIANCE WITH SWIMMING POOL BY-LAWS
All swimming pools shall comply with any By-laws of the Corporation
specifically regulating swimming pools.
(30)
USES PERMITTED IN ALL ZONES
PUBLIC AND INSTITUTIONAL USES
Nothing in this By-law shall apply to prevent or otherwise restrict in any way
any of the following:
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GENERAL PROVISIONS
the use of land for a street or a public railway, including any installations,
structures appurtenant thereto, or as a site for a public memorial or
ornamental structure including, but not so as to limit the generality of the
foregoing, a statue, a monument, a cenotaph or a fountain;
the installation or maintenance of a watermain, sanitary sewer main, storm
sewer main, pumping station, gas main, pipeline, lighting fixture or overhead
or underground electrical, cable television, telegraph or telephone line or
associated tower or transformer, together with any installations or structures
appurtenant thereto, provided that any lot or structure so used shall be
designed, landscaped and maintained in general harmony with the
neighbouring uses; or
the use of any lot in any zone as a public park or for an existing cemetery,
an existing church or any existing public building, structure or use, including,
but not so as to limit the generality of the foregoing, a public school, a
municipal office building, a community centre or other public auditorium, a
public library and a public works garage, in accordance with the General
Provisions of this By-law set out in Section 3 hereof and with the Zone
Requirements for Institutional Zones set out in Section 24(3) hereof.
CONSTRUCTION USES
Nothing in this By-law shall prevent the use of any part, other than a sight
triangle, of any lot in any zone for the erection of a legal temporary sign not
greater than 3 square metres in area, the excavation of soil or earth or the
erection or use of any temporary building or structure where such sign,
excavation, building or structure is directly incidental to, and necessary for,
construction work on the same lot or work relating to a public utility or a
street including, but not so as to limit the generality of the foregoing, a
construction trailer, a tool shed, or a scaffold, but only for so long as such
building or structure is necessary for the work in progress and until the work
is completed or abandoned, and only while a valid building permit for the
said construction remains in force, where applicable and in accordance with
the Corporation's Sign By-law.
(31)
USES RESTRICTED IN ALL ZONES
NOXIOUS USES PROHIBITED
Notwithstanding any other provision hereof to the contrary, no use shall be
permitted anywhere within the zoned area which, from its nature, materials
used therein or emissions issuing therefrom, is declared to be a noxious
trade, business or manufacture under The Public Health Act, as amended
from time to time.
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GENERAL PROVISIONS
RESTRICTED USES
The following uses are prohibited throughout the zoned area, either alone
or in conjunction with other uses, unless specifically listed as a permitted
use in a specific zone:
i.
the making or establishment of pits and quarries;
ii.
the tanning or storage of uncured hides or skins;
iii.
the boiling of blood, tripe, bones or soaps for commercial
purposes;
iv.
the manufacturing of glue or fertilizers from dead animals or
from human or animal waste;
v.
an abattoir, stockyard, livestock exchange, or dead stock
depot, except where specifically listed herein as a permitted
use in a specific zone;
vi.
the extracting of oil from fish;
vii.
a track for the racing or testing of automobiles, motorcycles,
snowmobiles or any other motorized vehicles;
viii.
a salvage yard;
ix.
a disposal site for solid wastes;
x.
the refining, storage or use in manufacturing of coal oil, rock
oil, fuel oil, natural gas, propane, burning fluids, naphtha,
bensole, benzine, gasoline, dynamite, dualin, nitroglycerine,
gun
powder,
petroleum
or
any
other
combustible,
inflammable, volatile or otherwise dangerous liquids, gasses
or solid materials except where specifically permitted hereby
or in conjunction with a permitted industrial use. This
provision shall not apply to prevent the above ground storage
of such substances by a farmer, where such storage is
incidental and accessory to an agricultural use, or the use of
natural gas, propane or fuel oil for domestic purposes, such
as heating and cooking, in conjunction with a residential use
or for commercial or industrial uses;
xi.
an occupied vehicle for human habitation other than a mobile
home where specifically permitted;
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GENERAL PROVISIONS
xii.
a campground, except as a temporary use within a public
park, with the approval of the Corporation;
xiii.
an airport;
xiv.
the keeping or raising of any livestock or poultry on any lot or
in any building or structure except where agriculture is a
permitted use. This provision shall not prevent the keeping
of up to three of any type of household pets such as dogs,
cats, gerbils, birds, etc., or as provided in Section 3(9)(viii);
xv.
any use which causes the emission of corrosive gasses, toxic
gasses or radioactive gasses or, into any zone other than an
Industrial Zone, of electromagnetic fields, heat, glare, dust,
dirt, fly ash or smoke, or which does not comply with emission
regulations as may be established from time to time by the
Province of Ontario, the Government of Canada, or any
agencies thereof;
xvi.
use any land or building, except those lands within the
Commercial Highway (CH) Zone or the Heavy Industrial (HI)
Zone for the repair or servicing of any motor vehicle unless
such motor vehicle is owned by and registered in the name
of an owner or occupant of such land or building;
xvii.
carry out any but minor repairs and servicing such as the
changing of tires or oil, outside of a garage or other suitable
building, on any motor vehicle within the Corporation, except
on lands lawfully occupied and used as a motor vehicle
service station, body shop, commercial garage or radiator
shop;
xviii.
any establishment used as an adult entertainment parlours
as defined in this By-law.
(32)
YARD ENCROACHMENTS AND OBSTRUCTIONS PERMITTED
PROJECTION INTO REQUIRED YARDS
No part of any required yard or required court shall be obstructed by any
building or structure or part thereof except one or more of the following:
i.
accessory buildings or structures specifically permitted in a
required yard elsewhere in this By-law;
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GENERAL PROVISIONS
ii.
architectural adornments including, but not necessarily
restricted to, sills, belt courses, chimneys, bay windows,
cornices, eaves, gutters, parapets and pilasters, projecting
not more than 0.5 metres into any required yard;
iii.
roofless functional and ornamental structures including, but
not necessarily restricted to, drop awnings, clothes poles,
ornamental fountains, statues, monuments, picnic tables,
benches, cenotaphs, memorials, planters, garden trellises,
fences, boundary and retaining walls, hedgerows and legal
signs projecting into any required yard;
iv.
stoops, sundecks, porches, verandas, balconies, balconies
on top of porches or verandas, uncovered terraces, and
exterior steps providing access between finished grade and
either the basement or the first storey of a building, where
such structures project not more than 1.5 metres into a
required front yard, a required rear yard or a required exterior
side yard;
v.
unenclosed fire escapes which do not project more than 1.5
metres into a required rear yard or a required side yard;
vi.
unenclosed ramps for physically handicapped persons into
any required yard;
vii.
underground structures such as basements or parking
structures into any required yard; and
viii.
heat pumps, air conditions, and/or air exchangers 1.5 metres
(4.9 ft.) into any required yard provided the projection is no
closer than 0.9 metres (3.0 ft.) to the lot line.
PROJECTION BEYOND LOT LINES
No part of any building or structure on a lot shall project beyond any lot line
or street line of such lot.
RAILWAY SPUR
Notwithstanding the yard and setback provisions of this By-law to the
contrary, a railway spur shall be permitted within any required yard.
(33)
YARD REQUIREMENTS, EXTERIOR SIDE YARD CONDITION
Notwithstanding the minimum exterior side yard requirements of this By-law, when
a corner lot is sited so that its rear lot line abuts an adjacent interior side yard, the
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SECTION 3
GENERAL PROVISIONS
exterior side yard shall be subject to the regulations of a front yard. When a corner
lot is sited so that its rear lot line abuts an adjacent rear lot line, the exterior side
yard shall be subject to the regulations of an interior side yard.
(34)
YARD REQUIREMENT SATELLITE DISHES
No satellite dish shall be located within the front or the required exterior side yard.
(35)
WAYSIDE PITS
Wayside pits or wayside quarry to be used for temporary public road works shall
be permitted in any Agricultural or Industrial Zone. Portable Asphalt plants shall
also be permitted if a permit has been obtained from the Ministry of the
Environment, is no closer than 400 metres to an existing dwelling unit and is only
temporarily at the location.
(36)
WIND ENERGY CONVERSION SYSTEMS AND WIND FARMS
Small Wind Energy Conversion Systems (S.W.E.C.S.)
Small Wind Energy Conversion Systems, as defined by this By-law, shall
be permitted as an accessory use in the Agricultural, Industrial and
Institutional Zones in accordance with the following regulations:
a)
Minimum lot area
0.4 ha (1acre)
b)
Maximum height, measured from the
finished grade to the furthest vertical
extensions of the generating system
(typically the blade)
19.8 metres (65 feet) on
lots between 0.4 ha and
2.0 ha in lot area (1 - 5
acres)
24.4 metres (80 feet) on
lots greater than 2.0 ha (5
acres) in lot area
c)
Minimum setback from any Residential
Zone and any existing dwelling located
on a separate lot, measured from the
base of the wind energy conversion
system to the nearest Residential Zone
boundary or the nearest part of an
existing dwelling, as applicable
91 metres (300 feet)
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GENERAL PROVISIONS
d) Minimum setback from a dwelling located
on the same lot, measured from the
base of the wind energy conversion
system to the nearest part of the
dwelling
Same as S.W.E.C.S.
height
e)
Minimum setback from a County Road
S.W.E.C.S. height
multiplied by 1.25
f)
Minimum setback from any lot line
Same as S.W.E.C.S.
height
g)
Maximum number of Small Wind
Energy Conversion Systems per lot
1
Large Wind Energy Conversion System (L.W.E.C.S.)
Large Wind Energy Conversion Systems, as defined herein, shall only be
permitted where specifically listed as a permitted use in a Zone, and in
accordance with the following regulations:
a)
Maximum height, measured from the
finished grade to the furthest vertical
extension
of
the
generating
system(typically the blade)
120 metres (400 feet)
b)
Minimum
setback
from
any
Residential Zone and any existing
dwelling located on a separate lot,
measured from the base of the wind
energy conversion system to the
nearest part of the dwelling
600 metres (2000
feet)
c)
Minimum setback from a dwelling
located on the same lot, measured
from the base of the wind energy
conversion system to the nearest
part of the dwelling
250 metres (820 feet)
d)
Minimum setback from a County
Road
250 metres (820 feet)
e)
Minimum setback from any lot line
250 metres (820 feet)
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TOWN OF AMHERSTBURG
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GENERAL PROVISIONS
f)
Maximum number of Large Wind
Energy Conversion Systems per lot
1
Wind Farms
Wind Farms, as defined herein, shall only be permitted where specifically
listed as a permitted use in a Zone, and in accordance with the following
regulations:
a)
Maximum
height,
measured
from the finished grade to the
furthest vertical extension of the
generating system (typically the
blade)
120 metres (400 feet)
b)
Minimum setback from any
Residential
Zone
and
any
existing dwelling located on a
separate lot, measured from the
base of the nearest wind energy
conversion
system
to
the
nearest
Residential
Zone
boundary or the nearest part of
an
existing
dwelling,
as
applicable
600 metres (2000 feet)
c)
Minimum
setback
from
a
dwelling located on the same lot,
measured from the base of the
nearest wind energy conversion
system to the nearest part of the
dwelling
250 metres (820 feet)
d)
Minimum setback from a County
Road
250 metres (820 feet)
e)
Minimum setback from any lot
line
250 metres (820 feet)
f)
Nothing in this By-law shall apply to prevent the use of a lot in any
Zone for a Wind Farm by a public utility licensed by the Ontario
113
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SECTION 3
GENERAL PROVISIONS
Energy Board in accordance with the regulations of clauses (a) to
(d) above.
Wind Testing Facility
A Wind Testing Facility, as defined herein, shall only be permitted where
specifically listed as a permitted temporary use in a Zone, except that a
Wind Testing Facility for a Small Scale Wind Energy Conversion System
shall be permitted in the Agricultural, Industrial and institutional Zones
subject to the regulations of clause (a) of this Subsection.
(By-law 2006-41)
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SECTION 4 ZONES AND ZONE SYMBOLS
(1)
DIVISION INTO ZONES
For the purposes of this By-law, all lands within the zoned area are divided into
zones and classified in accordance with Subsection (2) of this Section.
(2)
ZONE CLASSIFICATION
RESIDENTIAL ZONES
The following zone designations and symbols represent Residential Zones:
Residential First Density Zone
R1
Residential Type 1A Zone
R1A
Residential Type 1B Zone
R1B
Residential Second Density Zone
R2
Residential Third Density Zone
R3
Residential Multiple First Density Zone
RM1
Residential Multiple Second Density Zone
RM2
Residential Heritage Zone
RH
Residential Office Zone
RO
Residential Modular Home Park Zone
RMH
COMMERCIAL ZONES
The following zone designations and symbols represent Commercial
Zones:
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ZONES AND ZONE SYMBOLS
i.
Commercial General Zone
CG
ii.
Commercial Highway Zone
CH
iii.
Commercial Neighbourhood Zone
CN
RECREATION
The following zone designations and symbols represent Recreation Zones:
i.
Resort Residential/Resort Commercial
Zone
RR/RC
ii.
Recreation Zone
RE
INDUSTRIAL ZONES
The following zone designations and symbols represent Industrial Zones:
i.
Light Industrial Zone
LI
ii.
Special Industrial Zone
SI
iii.
Heavy Industrial Zone
HI
iv.
Extractive Industrial Zone
EI
INSTITUTIONAL ZONE
The following zone designations and symbols represent Institutional Zones:
i.
Institutional Zone
I
FUTURE DEVELOPMENT
The following
zone
designations
and symbols
represent
Future
Development Zones:
i.
Future Development Zone
FD
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TOWN OF AMHERSTBURG
SECTION 4
ZONES AND ZONE SYMBOLS
AGRICULTURAL
The following zone designations and symbols represent Agricultural Zones:
i.
Agricultural Zone
A
ii.
Agricultural Restrictive Zone
AR
ENVIRONMENTAL PROTECTION AND OPEN SPACE
The following zone designations and symbols represent Environmental
Protection Zones:
i.
Environmental Protection Zone
EP
ii.
Wetland Zone
W
iii.
Open Space Zone
OS
(3)
ZONE SYMBOLS AND DESIGNATIONS
a) USE OF SYMBOLS AND DESIGNATION
The Zone symbols and designations listed in Subsection (2) of this Section
may be used to refer to buildings and structures and to the uses of lots,
buildings and structures permitted by this By-law in the said zones.
b) INTERPRETATION OF SYMBOLS AND DESIGNATIONS
Wherever in this By-law and the word "zone" is used, preceded by any of
the said zone symbols and designations, such reference shall mean any
part of the zoned area delineated on Schedule "A" and designated thereon
by the said symbol.
(4)
ZONE PROVISIONS
USES PERMITTED AND ZONE REQUIREMENTS
For each zone listed in Subsection (2) of this Section, a separate section of
this By-law sets out the uses permitted in, and the specific provisions
relating to, such zone under the headings "USES PERMITTED" and "ZONE
REQUIREMENTS", respectively.
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SECTION 4
ZONES AND ZONE SYMBOLS
SCOPE OF ZONE REQUIREMENTS
Except as otherwise specifically provided herein, the specific zone
requirements set out herein for each zone shall apply to such zone in
addition to the general provisions set out in Section 3 hereof.
(5)
SPECIAL ZONES
Wherever a zone symbol on Schedule "A" hereto is followed by a dash and a
number, such as "R2-1", the lands so designated shall be subject to, and used in
accordance with all the provisions of this By-law applicable to the zone represented
by such symbol except as otherwise specifically provided by the special provisions
of the special zone set out in the applicable Special Provisions section of the zone.
(6)
HOLDING "H" ZONES
USE OF SYMBOL
Where the symbol "h" appears on a zoning map as a prefix to a single zone
or a compound zone applying to certain lands, notwithstanding the provi-
sions of that zone or zones, unless this By-law has been amended to
remove the relevant "h" symbol, those lands shall not be developed or used
except in compliance with the provisions of the applicable zone for existing
uses, or for such other uses set out in the relevant Holding Zone Provisions
below. The relevant Holding Zone Provisions are denoted by the number (if
any) immediately following the symbol "h" on the zoning map.
(i)
h
Purpose: To ensure the orderly development lands and
the adequate provision of municipal services, the "h"
symbol shall not be deleted until a subdivision agreement
or development agreement is entered into for the lands in
question with the Town of Amherstburg.
Permitted Interim Uses: Existing Uses.
(ii)
h-1
Purpose: To ensure that mitigating measures are
undertaken in areas adjacent to transportation and utility
corridors, an agreement shall be entered into, covering
requirements for incorporating appropriate attenuation
measures into the design of the development, prior to the
removal of the "h" symbol.
Permitted Interim Uses: Existing uses; any non-
residential uses permitted by the applicable zones.
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ZONES AND ZONE SYMBOLS
(iii)
h-2
Purpose: To ensure that development will not have a
negative impact on an environmentally sensitive area, or
natural feature, an agreement shall be entered into
specifying any necessary preventative measures, based
on study(ies) to the satisfaction of the Town of Amherst-
burg conducted by qualified professional(s) demonstrating
that development in the form proposed will not adversely
affect the area or feature, prior to the removal of the "h"
symbol.
Permitted Interim Uses: Existing uses.
(iv)
h-3
Purpose: To ensure that development takes a form
compatible with adjacent land uses, agreements shall be
entered into following public site plan review specifying the
issues allowed for under Section 41 of the Planning Act,
1990, prior to the removal of the "h" symbol.
Permitted Interim Uses: Existing uses.
(v)
h-4
Purpose: To ensure that buildings and structures that
have been identified by the Town as historically significant
and that are being actively pursued for a designation
under the Ontario Heritage Act are not negatively
impacted by development or redevelopment of the site or
buildings, and to ensure that the development or
redevelopment is in a form compatible with the heritage
buildings, the following conditions must be satisfied prior
to the removal of the holding provisions:
1.
The site and/or building and/or portions thereof must
be designated under the Ontario Heritage Act by the
Town of Amherstburg;
2.
The site, buildings or portions thereof must be subject
to an easement or easements to provide for
municipal services, heritage preservation and
conservation in favour of the Town of Amherstburg
and to the satisfaction of the Town of Amherstburg;
3.
The affected lands will be subject to Site Plan Control
under Section 41 of the Planning Act, and a
development agreement must be entered into by the
owner of the subject lands and the Town of
Amherstburg.
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ZONES AND ZONE SYMBOLS
Permitted Interim Uses: Existing uses, buildings and
structures as they legally existed at the date of adoption
of this By-law.
(vi)
h-5
Purpose: To ensure that buildings and structures and the
development and/or redevelopment of a site or building
within areas that have been identified as having historical
characteristics are designed to conform with heritage
building design features or be compatible to the heritage
characteristics of the area, the following conditions must
be satisfied prior to the issuance of any building permits:
1.
Perspective drawings of any building addition,
alteration or redevelopment shall be prepared to the
satisfaction of Council;
2.
Site Plan Control under Section 41 of the Planning
Act and a development agreement must be entered
into by the owner and the Town of Amherstburg.
Permitted Interim Uses: Existing buildings and structures;
uses permitted by the applicable Zone.
(By-law 2006-61)
(vii)
h-6
Purpose: To ensure that buildings and structures and the
development and/or redevelopment of a site or building
within areas that have been identified as having historical
characteristics are designed to conform with heritage
building design features or be compatible to the heritage
characteristics of the area, the following conditions must
be satisfied prior to the issuance of any building permits:
1.
Perspective drawings of any building addition,
alteration or redevelopment shall be prepared to
the satisfaction of Council;
2.
Site Plan Control under Section 41 of the Planning
Act and a development agreement must be entered
into by the owner and the Town of Amherstburg
and registered on title.
Permitted Interim Uses: Existing building and structures;
uses permitted by the applicable Zone.
(By-law 2009-06)
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ZONES AND ZONE SYMBOLS
(viii)
h-7
Purpose: To ensure that development and redevelopment
will not take place until the necessary mitigating measures
have been undertaken to the Town and to the Ministry of
the Environment's satisfaction including the demolition of
the existing factory structures. In addition, prior to the
finalization of any site plan for development the Town is
satisfied that a drainage study has been completed by a
qualified hydrologist, that archeological reports have been
completed, and that any necessary traffic studies have
been completed.
Permitted Interim Uses: Existing uses and any activities
necessary for an environmental cleanup.
(By-law 2010-03)
(ix)
h-8
Purpose: to have necessary studies completed; to ensure
that development takes a form compatible with adjacent
land uses; to ensure all provisions of the Planning Act,
R.S.O. 1990, c.P. 13 Section 41 are satisfied and to
ensure that a site plan agreement or condominium
agreement is entered into prior to the removal of the
Holding (h). The following studies are to be completed to
Council's satisfaction:
a) Stage 1 Archeological Study;
b) Shadow Impact Study;
c) Traffic Impact Study;
d) Geo-technical Study;
e) Site Servicing and Storm Water Management Report;
f)
Scoped Environmental Impact Statement;
The Holding (h) provision may be removed from the
subject lands in phases or for the entire parcel once the
above noted studies are completed, a condominium
agreement is entered into or provisions under Section 41
of The Planning Act, R.S.O. 1990, c.P. 13 are satisfied and
a site plan agreement is entered into between the
developer and Council.
Permitted Interim uses: Existing uses.
(By-law 2010-03)
(x)
h-9
Purpose: to have necessary municipal and provincial
licenses are obtained to ensure that development takes a
form compatible with adjacent land uses; to ensure all
121
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 4
ZONES AND ZONE SYMBOLS
provisions of the Planning Act, R.S.O. 1990, c.P. 13
Section 41 are satisfied prior to the removal of the Holding
(h). The following are to be obtained to Council's
satisfaction:
a) Town of Amherstburg Fire Inspection Report;
b) Ministry of the Environment approval;
c) County of Essex - Entrance permit;
d) Town of Amherstburg Building Permit;
e) Town of Amherstburg Business License.
The Holding (h) provision may be removed from the
subject lands once the above noted licenses and permits
are obtained to Council's satisfaction.
Permitted Interim uses: existing uses.
(By-law 2010-44)
(xi)
h-10
Purpose: To ensure that no development takes place on
the land until an Environmental Compliance Approval has
been obtained and a site plan agreement as allowed for
under Section 41 of the Planning Act, 1990, has been
entered into prior to the removal of the "h" symbol. (By-law
2012-71)
(xii)
h-11
Purpose: To ensure that development and
redevelopment will not take place until necessary
mitigating measures have been undertaken to the Town
and the Province's satisfaction; to ensure that necessary
municipal and provincial approvals are obtained to
confirm that development takes a form compatible with
adjacent land uses; to ensure all provisions of the
Planning Act, R.S.O. 1990, c.P. 13 Section 41 are
satisfied prior to the removal of the Holding (h).
Permitted interim uses: Existing building and structures;
uses permitted by the applicable zone.
(By-Law 2018-109)
(7)
COMPOUND ZONES AND MULTIPLE ZONES
COMPOUND ZONES
Notwithstanding any other provision of this By-law, where two or more
zoning symbols divided by a "/" are shown on the zoning maps as applying
to a lot or as compounded by a Special Provision, that lot may be used
122
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 4
ZONES AND ZONE SYMBOLS
exclusively for any use permitted in any one of the zone included in the
compound zone symbol, or for any combination of uses permitted in any of
the zones included in the compound zone symbol, subject to the following
regulations:
i.
The site development specifications pre-
scribed in this By-law for the selected zone
in the compound zone symbol in which the
use is permitted shall be observed in the
development of the lands. In the case of a
conflict when selecting a combination of
uses from two or more zones, the more
restrictive zone regulation applies.
ii.
The parking and loading required by this By-
law for each of the uses included in the
development of the lands, whether for a
single use or a combination of uses, shall be
provided.
MULTIPLE ZONES
i.
Where a lot is divided into two or more
zones, each such portion of the said lot shall
be considered a separate lot as defined
herein and shall be used in accordance with
the provisions of this By-law which are
applicable to the zone wherein such portion
of the said lot is located.
ii.
Notwithstanding anything to the contrary in
Paragraph (i) of this Clause, where a use or
uses are permitted by the zones applying to
two or more portions of the lot, those
portions shall be considered to constitute a
single lot as defined herein and the highest
or most restrictive zone requirements
pertaining to such use or uses in all the
pertinent zones shall apply throughout.
(8)
BONUS PROVISION
Notwithstanding the density and height provisions which apply to a lot, the
maximum permitted density and/or height may be increased in accordance with
the provisions set out in this Section on having entered into a Bonusing Agreement
123
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 4
ZONES AND ZONE SYMBOLS
with the Town. Notwithstanding the gross floor area and parking requirements of
the By-law, calculations of floor area and parking may be altered in accordance
with the provisions of this Section on entering into a Bonusing Agreement with the
Town. The accumulative impact of utilizing this Section shall not result in a density
more than 25 percent greater than the density permitted by the non-bonused site.
a) For structures designated under The Ontario Heritage Act or
for structures and/or districts identified as historically
significant by the Town of Amherstburg, in consideration for
their designation under The Ontario Heritage Act, a 25.0
percent increase in density may be granted. Increased density
may be achieved through an increase in height of not greater
than 50.0 percent for Medium Density Residential Zones and
25.0 percent of that allowed under the By-law for other zones,
and/or increased coverage and/or reduced setbacks.
b) For every 100.0 square metres (1,074 sq. ft.) of public open
space which is dedicated to the Town (in excess of the required
parkland dedication and any undevelopable floodplain lands),
the density of the residential development may be increased
by one unit per hectare up to 25.0 percent (25%) of the total
number of units that would otherwise be permitted by this By-
law.
c) Where day care facilities are provided within commercial or
mixed-use buildings of larger than 1858.0 square metres
(20,000 sq.ft.), the floor area devoted to the day care facilities
shall not be included in the floor area ratio, the maximum gross
or gross leaseable floor area permitted, or in the calculation of
the parking requirements for the building.
SITE SPECIFIC BONUS PROVISIONS
Notwithstanding the density and height provisions which apply to a lot where
a B (Bonus) Zone also applies to the lot, the maximum permitted density
and/or height and/or parking may be altered in accordance with the
provisions set out below on having entered into a Bonusing Agreement with
the Town of Amherstburg.
The number following the letter "B" on the Zone Maps indicates the number
of the applicable Bonus Zone provision set out below.
i.
B.1
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 5
RESIDENTIAL FIRST DENSITY (R1) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Residential First Density (R1) Zones
except as otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within any R1 Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following R1 uses, namely:
(i)
single detached dwelling;
(ii)
existing duplex or converted dwellings;
(iii)
existing places of worship;
(iv)
home occupation;
(v)
accessory uses;
(vi)
public use.
(3)
ZONE REQUIREMENTS
No person shall within any R1 Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions.
(a)
Lot Area (Minimum)
540 m²
(b)
Lot Frontage (Minimum)
15 m
(c)
Front Yard Depth (Minimum)
7.5 m
(d)
Interior Side Yard Width (Minimum)
-
With attached garage or carport
-
Without attached garage or carport 2.5 m on one side
and 1.5 m on the other side
1.5 m
(e)
Exterior Side Yard Width (Minimum)
7.5 m
(f)
Rear Yard Depth (Minimum)
7.5 m
(g)
Lot Coverage (Maximum)
35%
(h)
Landscaped Open Space (Minimum)
30%
(i)
Dwelling Unit Area (Minimum)
90 m²
(j)
Height (Maximum)
8.5 m
(k)
Dwelling Units Per lot (Maximum)
1 only
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 5
RESIDENTIAL FIRST DENSITY (R1) ZONE
(l)
Accessory Uses, Parking, Home Occupation, etc. in accordance with
the provisions of Section 3 hereof.
(m) Notwithstanding the minimum lot frontage requirements of Subsection
3(b) avove, the minimum lot frontage may be reduced to 12 metres for
infilling lot creation provided the minimum lot area requirement of
Subsection 3(a) can be met.
(By-law 2006-61)
(4)
SPECIAL PROVISIONS
R1-1 (HOLD FOR FUTURE USE)
R1-2 (EXTERIOR SIDE YARD)
Notwithstanding the provisions of Section 3(25)(a)(i)1. lands zoned R1-2
may have a swimming pool within an exterior side yard. All other
requirements of the By-law shall apply as well as the regulations of the R1-
8 Zone.
R1-3 (SUPERMARKET)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R1-3 on Schedule "A" hereto the following special provi-
sions shall apply:
i.
Uses Permitted
1.
a supermarket;
2.
any use permitted in an R1 Zone.
R1-4 (VARIETY STORE/COLD STORAGE/CARTAGE)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R1-4 on Schedule "A" hereto the following special provi-
sions shall apply:
i.
Uses Permitted
1.
a variety store;
2.
a cold storage facility;
3.
any use permitted in an R1 Zone;
4.
a butcher shop;
5.
a multiple dwelling containing three dwelling units.
R1-5 (CONTRACTOR'S YARD)
126
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 5
RESIDENTIAL FIRST DENSITY (R1) ZONE
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R1-5 on Schedule "A" hereto the following special provi-
sions shall apply:
i.
Uses Permitted
1.
a cartage establishment;
2.
any use permitted in an R1 Zone.
R1-6 (ASSEMBLY HALL/PRIVATE CLUB)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R1-6 on Schedule "A" hereto the following special provi-
sions shall apply:
i.
Uses Permitted
1.
an assembly hall;
2.
a private club;
3.
any use permitted in an R1 Zone.
R1-8 (RESTRICTED RESIDENTIAL)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R1-8 on Schedule "A" hereto the following special provi-
sions shall apply:
i.
Uses Permitted
1.
single detached dwelling;
2.
existing duplex or converted dwelling;
3.
accessory uses;
4.
public utilities.
R1-9 (LIMITED COMMERCIAL/RESIDENTIAL)
Notwithstanding any other provisions of this By-law to the contrary, on those
lands zoned R1-9 on Schedule "A" of this By-law the following special
provisions shall apply:
i.
Uses Permitted
1.
antique shop to a maximum of 35 square metres (368 square
feet) within an accessory structure;
2.
craft and gift shop to a maximum of 28 square metres (304
square feet);
127
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 5
RESIDENTIAL FIRST DENSITY (R1) ZONE
3.
residential dwelling unit.
ii.
Other Provisions
1.
Parking
A minimum of two parking spaces shall be provided on those
lands zoned R1-9.
2.
Signs
All signs erected on those lands zoned R1-9 shall be in
accordance with Section 6 of the Town's Sign By-law.
R1-10
Notwithstanding the provisions of Section 5(3)(b) of this By-law to the
contrary, within any area zoned R1-10 on Schedule "A" hereto, the land may
be used for any use permitted in an R1 Zone.
R1-11
Notwithstanding the provisions of Sections 5(3)(d) and 5(3)(f) of this By-law
to the contrary, within any area zoned R1-11 on Schedule "A" hereto, the
land may be used for any use permitted in an R1 Zone.
R1-12
Notwithstanding the provisions of Sections 5(2) and 5(3) of this By-law to
the contrary, within any area zoned R1-12 on Schedule "A" hereto, the
following special provision shall apply:
i.
Uses permitted
1.
Uses permitted within the R1-8 Zone as provided in Section
5(4)(g) hereto;
2.
Bed and breakfast establishment.
ii.
Other Provisions
1.
Parking
A minimum of one parking space for each bedroom utilized for
the bed and breakfast in addition to a minimum of two parking
spaces for the single unit dwelling.
2.
Signs
128
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 5
RESIDENTIAL FIRST DENSITY (R1) ZONE
Any sign erected shall be a non-illuminated sign located on
the dwelling no larger than 1 square metre.
(By-law 2001-39)
R1-13 (8035 Gardiner Crescent)
Notwithstanding any other provisions of this By-law to the contrary including
Sections 3(1)(d)(i) and 3(29), within any area zoned R1-13 on Schedule "A"
hereto, the zone requirements of Section 5 of the By-law shall apply with
the exception of the following:
(i)
Exterior Side Yard Width for an
Accessory Structure (Minimum)
1.5 m
(ii)
Maximum Lot Coverage for Accessory Structures
11.6%"
R1-14 (209 Sandwich Street North)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R1-14 on Schedule "A" hereto the following special provi-
sions shall apply:
(i)
Secondary driveway
(By-law 2019-046)
THAT all other appropriate regulations for the use of land and the character, location and
use of buildings and structures conforms to the regulations of the Residential First Density
Zone, as applicable and all other general provisions or regulations of By-law 1999-52, as
amended from time to time.
129
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 5
RESIDENTIAL FIRST DENSITY (R1) ZONE
R1-15 (W/S Victoria Street South)
Notwithstanding any other provisions of this By-law to the contrary, within any area
zoned R1-15 on Schedule 'A' hereto, the zone requirements of Section 5 of this
By-law shall apply with the exception of the following:
(i)
R1-15 Permitted Uses
1. Semi-detached dwelling;
2. Any use permitted in the R1 Zone.
(ii)
R1-15 Zone Requirements
1. Lot Area (minimum)
i. Semi-detached dwelling
850 m2
Semi-detached dwelling unit
420 m2
2. Lot Frontage (minimum)
i.
Semi-detached dwelling
26 m
Semi-detached dwelling unit
12 m
3. Lot Coverage for Semi-detached dwelling (maximum)
40%
4. Dwelling Unit Area (minimum)
a. Semi-detached unit
65 m2"
(By-law 2020-064)
130
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Residential First Density Type 1A
(R1A) Zones except as otherwise provided in the Special Provisions Subsection of
this Section.
(2)
USES PERMITTED
(i)
single unit residential uses;
(ii)
home occupation;
(iii)
accessory uses;
(iv)
public use.
(3)
ZONE REQUIREMENTS
No person shall within any R1A Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions.
(a)
Lot Area (Minimum)
- With municipal Sanitary Services
- Without municipal Services
900 m²
1800 m2
(b)
Frontage (Minimum)
20 m
(c)
Front Yard Depth (Minimum)
7.5 m
(d)
Interior Side Yard Width (Minimum)
- With attached garage or carport
- Without attached garage or carport 2.5 m on one side
and 1.5 m on the other side
1.5 m
(e)
Exterior Side Yard Width (Minimum)
7.5 m
(f)
Rear Yard Depth (Minimum)
7.5 m
(g)
Lot Coverage (Maximum)
30%
(h)
Landscaped Open Space (Minimum)
30%
(i)
Dwelling Unit Area (Minimum)
90 m²
(j)
Height (Maximum)
10.5 m
(k)
Dwelling Units Per lot (Maximum)
1 only
131
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE
(l)
Accessory Uses, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
In addition to the general regulations outlined in Section 6, the following additional
regulations shall apply to certain specific uses permitted in Subsection 6(2).
R1A-1 as shown on Schedule "A".
i.
Uses Permitted
A trailer park with not more than 6 trailers in addition to the uses
permitted in Section 6(2).
R1A-2 shown on Schedule "A".
i.
Uses Permitted
Not more than 10 dwelling units on one lot. The dwelling units may
be used for either residential purposes or for tourist commercial cabin
rental type use.
ii.
Permitted Buildings and Other Structures
The existing buildings and structures only or the buildings and
structures permitted in Subsection 6(2) of this By-law.
iii.
Lot and Building Requirements
All lot and building requirements for the rental dwelling units shall be
as they existed on the date of passing of this By-law. All lot and
building requirements for the uses permitted in Subsection 6(2) shall
be in accordance with Subsections 6(3) of this By-law.
R1A-3 shown on Schedule "A".
i.
Uses Permitted
A welding shop in addition to all other uses permitted in Subsection
6(2) of this By-law.
ii.
Permitted Buildings and Other Structures
The existing buildings and structures only in addition to the buildings
and structures permitted in Subsection 6(3)of this By-law.
132
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE
R1A-4
i.
Uses Permitted
A tree nursery, accessory uses to a tree nursery, together with uses
permitted in Section 6(2).
R1A-5
i.
Uses Permitted
Buildings and Structures
A maximum of 22 single dwelling units, that may only be renovated,
enlarged and constructed in accordance with Section 6(3).
ii.
Renovations and Enlargements
Main buildings may be renovated, enlarged and constructed in
accordance with the following:
1.
Minimum Yard Requirements
Notwithstanding any other provision of this By-law to the
contrary, no part of any building or structure shall be erected
closer than 5 feet to any lot line or to the private right-of-way.
2.
Other Regulations
a. Notwithstanding any other requirements of this By-law to
the contrary, the single unit dwellings may be renovated,
enlarged or constructed provided the distance between
such dwellings, after the renovation, enlargement or
reconstruction, is not less than 10 feet or, if the existing
distance is less than 10 feet, that the distance between the
dwellings is not further reduced due to the renovation,
addition or reconstruction;
b. Subsection 3(23)(c) of this By-law does not pertain to
lands zoned R1-10. The minimum setback from Lake Erie
shall be established by the Essex Region Conservation
Authority;
c. Subsection 3(4) of this By-law does not pertain to lands
zoned R1A-5. The elevation of the lowest opening to any
structure and the fill elevation for a minimum distance of 6
feet around all external walls shall be established by the
Essex Region Conservation Authority;
133
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE
d. All other provisions pertaining to lands zoned R1 shall also
apply to lands zoned R1A-5.
R1A-6
i.
Uses Permitted
1.
The uses permitted in Subsection 6(2) of this By-law;
2.
Agricultural uses, excluding livestock intensive uses and
excluding mushroom farms;
3.
Uses accessory to the foregoing permitted uses.
ii.
Permitted Buildings and Other Structures
Building and structures for the permitted uses.
iii.
Zone Provisions
All lot and building requirements shall be in accordance with
Subsection 6(3) of this By-law except that the minimum lot area shall
be 4,047 square metres and the minimum lot frontage shall be 35.05
metres.
iv.
Other Provisions
All other provisions applying to lands zoned R1A shall also apply to
lands zoned R1A-6.
R1A-7
i.
Uses Permitted
1. A former landfill site only with buffer area.
2. Permitted Buildings and Other Structures
3. No buildings and structures.
ii.
Zone Provisions
The minimum lot frontage shall be 6.4 metres and minimum lot area
shall include the former landfill site together with a 30-metre buffer.
R1A-8
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned R1A-8 on Schedule "A" hereto, the requirements of Section
6 of this By-law shall apply with the exception of the following provisions:
134
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE
i.
Uses Permitted
1.
Any use permitted in a R1A Zone;
2.
Duplex dwelling.
R1A-9 (465 Texas Road)
(By-law 2016-12)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned R1A-9 on Schedule "A" hereto, the zone requirements of
Section 6 of the By-law shall apply with the exception of the following:
Maximum Lot Coverage for Accessory Structures
16.2%
Maximum Height for Accessory Structures
Measured to the Peak of the Roof
7.52 m"
(By-Law 2018-75)
R1A-10 (E/S Front Road North)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned R1A-10 on Schedule 'A' hereto, the zone requirements of
Section 6 of this By-law shall apply with the exception of the following:
i.
Uses Permitted
1. Livestock for personal use may also be kept but must be
housed no closer than 100 metres to the closest adjoining
dwelling and must be contained in livestock facility no larger
than twenty (20) square metres.
2. Any use permitted in the R1A Zone."
(By-law 2021-021)
135
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE
R1A-11
(i)
Uses Permitted
1. single unit residential uses;
2. home occupation;
3. accessory uses.
(ii)
Front Yard Depth (Minimum)
7.5 m
(iii)
Interior Side Yard Width (Minimum)
-
With attached garage or carport
1.5 m
-
Without attached garage or carport 2.5 m on one side and 1.5 m on the
other side
(iv)
Rear Yard Depth (Minimum)
7.5 m
(v)
Lot Coverage (Maximum)
30 %
(vi)
Landscaped Open Space (Minimum)
30 %
(vii)
Height (Maximum)
10.5 m
(viii)
Notwithstanding Section 3(1)(c) no accessory building or structure shall
exceed 7.62 metres in height measured to the peak of the roof for any
accessory structure in the R1A-11 Zone.
(ix)
Accessory Uses, Parking, Home Occupation, etc. in accordance with the
provisions of Section 3 thereof save and except Section 3(1)(c).
(By-law 2023-036)
"(l)
T-R1A-12 (Temporary Shipping Containers)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated T-R1A-12 on Schedule "A" hereto, the following special
provisions shall apply:
(i)
Permitted Uses
1. Two (2) shipping containers, as existing on the date of the passing
of this by-law; and,
136
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE
2. Any use permitted in an R1A Zone.
(ii)
Zone Provisions
All lot and building requirements for the permitted use and for the uses
permitted in Subsection 6(4)(l) of this By-law shall be in accordance
with 6(3) and 6(4) of this By-law.
(iii) Temporary (T) Zone
The zone symbol on Schedule "A" is preceded by a "T" which stands
for a Temporary Zone as permitted under Section 39 of the Planning
Act. When the date of expiry specified in subclause (iv) below is
reached, an if no extension has been granted by Council, the zoning
of the land shall revert to the base "R1A" Zone and the use permitted
by the Temporary Zone that is not permitted by the base "R1A" Zone
shall be removed.
(iv) Expiry
The Permitted Uses and Zone Provisions of the T-R1A-12 Zone shall
expire on September 11, 2026.
(By-law 2023-090)
137
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 7
RESIDENTIAL TYPE 1B (R1B) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Residential First Density Type 1B
(R1B) Zones except as otherwise provided in the Special Provisions Subsection of
this Section.
(2)
USES PERMITTED
(i)
single unit residential uses;
(ii)
home occupation;
(iii)
accessory uses;
(iv)
public use.
(3)
ZONE REQUIREMENTS
No person shall within any R1B Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions.
(a)
Lot Area (Minimum)
690 m2
(b)
Frontage (Minimum)
18 m
(c)
Front Yard Depth (Minimum)
7.5 m
(d)
Interior Side Yard Width (Minimum)
- With attached garage or carport
- Without attached garage or carport 2.5 m on one side
and 1.5 m on the other side
1.5 m
(e)
Exterior Side Yard Width (Minimum)
7.5 m
(f)
Rear Yard Depth (Minimum)
7.5 m
(g)
Lot Coverage (Maximum)
30%
(h)
Landscaped Open Space (Minimum)
30%
(i)
Dwelling Unit Area (Minimum)
90 m²
(j)
Height (Maximum)
10.5 m
(k)
Dwelling Units Per lot (Maximum)
1 only
(l)
Accessory Uses, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
138
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 7
RESIDENTIAL TYPE 1B (R1B) ZONE
(4)
SPECIAL PROVISIONS
R1B-1
Notwithstanding any provisions of this By-law to the contrary, within any
area zoned R1B-1 on Schedule "A" hereto, the minimum front yard depth
shall be 18.288 metres.
R1B-2 (1267 Front Rd N)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned R1B-2 on Schedule 'A' hereto, the zone requirements of
Section 7 of this By-law shall apply with the exception of the following:
Lot Coverage (maximum)
35%
(By-law 2020-019)
139
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 8 RESIDENTIAL SECOND DENSITY (R2) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Residential Second Density (R2)
Zones except as otherwise provided in the Special Provisions Subsection of this
Section.
(2)
USES PERMITTED
No person shall within any R2 Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following R2 uses, namely:
(i)
single detached dwelling;
(ii)
semi-detached dwelling;
(iii)
duplex dwelling;
(iv)
home occupation;
(v)
accessory uses;
(vi)
public use.
(vii)
supportive community home.
(3)
ZONE REQUIREMENTS
No person shall within any R2 Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions.
(a)
Lot Area (Minimum)
(i)
Single detached dwelling unit
(ii)
Duplex dwelling
(iii)
Semi-detached dwelling
Semi-detached dwelling unit
460 m2
560 m2
650 m2
310 m2
(b)
Lot Frontage (Minimum)
(i)
Single detached dwelling unit
(ii)
Duplex dwelling
(iii)
Semi-detached dwelling
Semi-detached dwelling unit
12 m
(By-law 2006-61)
15 m
20 m
9.5 m
(c)
Front Yard Depth (Minimum)
6 m
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TOWN OF AMHERSTBURG
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RESIDENTIAL SECOND DENSITY (R2) ZONE
(d) Interior Side Yard Width (Minimum)
Provided that on a lot where there is no attached
private garage or attached carport the minimum
interior side yard width shall be 2.5 m on one side
and 1.5 m on the other side
1.5 m
(e)
Exterior Side Yard Width (Minimum)
6 m
(f)
Rear Yard Depth (Minimum)
7.5 m
(g)
Lot Coverage (Maximum)
35%
(h)
Landscaped Open Space (Minimum)
30%
(i)
Dwelling Unit Area (Minimum)
(i) Single detached unit
(ii) Semi-detached and duplex unit
75 m²
65 m2
(j)
Height (Maximum)
8.5 m
(k)
Accessory Uses, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
Notwithstanding any provisions of this By-law to the contrary, within any area
designated R2-1 on Schedule "A" hereto, the zone requirements of Section 8 of
this By-law shall apply with the exception of the following:
R2-1
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R2-1 on Schedule "A" hereto, the zone requirements of
Section 8 of this By-law shall apply with the exception of the following:
i.
Zone Requirements
1.
Lot
Area
(Minimum)
a.
Single detached dwelling unit
b.
Duplex dwelling
c.
Semi-detached dwelling
460 m2
560 m2
650 m2
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TOWN OF AMHERSTBURG
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RESIDENTIAL SECOND DENSITY (R2) ZONE
2.
Lot Frontage (Minimum)
a.
Single detached dwelling unit
b.
Duplex dwelling
c.
Semi-detached dwelling
PROVIDED that, on a lot where the side
lot lines are not parallel and the lot
frontage is less than the length of the
rear lot line, the minimum frontage shall
be reduced to 18 m
15 m
18 m
21.3 m
3.
Front Yard Depth (Minimum)
a.
Single detached dwelling
b.
Duplex dwelling
c.
Semi-detached dwelling
PROVIDED that, on a lot where the
side lot lines are not parallel and the
lot frontage is less than the length of
the rear lot line, the minimum frontage
shall be reduced to 18.0 metres.
6 m
6 m
6 m
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TOWN OF AMHERSTBURG
SECTION 8
RESIDENTIAL SECOND DENSITY (R2) ZONE
4.
Interior Side Yard Width (Minimum)
a.
Single
detached
dwelling
1.5 m
PROVIDED that on a lot where
there is no attached private garage
or attached carport the minimum
interior side yard width shall be 2.5
m on one side and 1.5 m on the
other side
1.5 m
b.
Duplex dwelling
PROVIDED that on a lot where
there is no attached private garage
or attached carport the minimum
interior side yard width shall be 2.5
m on one side and 1.5 m on the
other side
1.3 m
c.
Semi-detached dwelling
PROVIDED that on a lot where
there is no attached private garage
or attached carport the minimum
interior side yard width shall be 2.5
m on one side and 1.5 m on the
other side
5. Exterior Side Yard Width (Minimum)
PROVIDED that, when the rear yard of a
corner lot abuts a rear yard of an adjoining
lot, a lane, a multiple dwelling use, or a
non-residential use, the exterior side yard
requirements shall be 4.0 metres.
5 m
6.
Rear Yard Depth (Minimum)
a.
Single detached dwelling unit
b.
Duplex dwelling
c.
Semi-detached dwelling
7.5 m
7.5 m
6 m
143
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TOWN OF AMHERSTBURG
SECTION 8
RESIDENTIAL SECOND DENSITY (R2) ZONE
7.
Lot Coverage (Maximum)
a.
Single detached dwelling unit
b.
Duplex dwelling
c.
Semi-detached dwelling
35%
35%
45%
R2-2
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R2-2 on Schedule "A" hereto, the zone requirements of
Section 8 of the By-law shall apply with the exception of the following:
i.
Zone Requirements
1.
Exterior Side Yard
5 m
PROVIDED that, when the rear yard of a
corner lot abuts the rear yard of an
adjoining lot, a multiple dwelling use, a
lane, or a non-residential use, the
exterior side yard shall be 4.0 metres.
R2-3
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R2-3 of Schedule "A" hereto, the zone requirements of
Section 8 of the By-law shall apply with the exception of the following:
i.
Zone Requirements
1.
Lot Area (Minimum)
a.
Semi-detached dwelling
Semi-detached dwelling unit
2.
Lot Frontage (Minimum)
a.
Semi-detached dwelling
Semi-detached dwelling unit
3.
Lot Coverage (Maximum)
545 m2
260 m2
17.84 m
8.9 m
a.
Semi-detached dwelling
40%
(By-law 1999-57)
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TOWN OF AMHERSTBURG
SECTION 8
RESIDENTIAL SECOND DENSITY (R2) ZONE
R2-4
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R2-4 on Schedule "A" hereto, the zone requirements of
Section 8 of this By-law shall apply with the exception of the following
special provisions:
i.
Uses Permitted
1.
Any use permitted in R2 Zone.
2.
A small engine repair shop as a home occupation, where the
home occupation and the dwelling unit together have a
maximum gross building area based upon existing conditions
over two floors of 400 sq m. This shall be in accordance with
Subsection 3(9) of this By-law.
3.
The fourplex dwelling unit as existing and the single detached
dwelling unit.
(By-law 2016-09)
R2-5
Notwithstanding the provisions of this By-law to the contrary, within any area
zoned R2-5 on Schedule "A" hereto, the following special provisions shall
apply:
i.
Zone Requirements
1.
Lot Frontage (Minimum)
Semi-detached dwelling
18 m
2.
Exterior Side Yard (Minimum)
Semi-detached dwelling
4 m
3.
Lot Coverage (Maximum)
Semi-detached dwelling
60%
(By-law 2016-79)
R2-6 (514, 528 and V/L Simcoe Street)
Notwithstanding any other provisions of this By-law to the contrary, within any area
zoned R2-6 on Schedule 'A' hereto, the zone requirements of Section 8 of this By-
law shall apply with the exception of the following:
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TOWN OF AMHERSTBURG
SECTION 8
RESIDENTIAL SECOND DENSITY (R2) ZONE
i.
Zone Requirements
1. Lot Frontage (minimum)
Semi-detached dwelling:
17.5 m
Semi-detached dwelling unit:
8.3 m
2. Exterior Side Yard Width (minimum)
3 m
3. Lot Coverage (maximum)
Semi-detached dwelling
45%"
(By-law 2019-047)
R2-7 (Kingsbridge Subdivision)
Notwithstanding any other provisions of this By-law to the contrary, within any area
zoned R2-7 on Schedule 'A' hereto, the zone requirements of Section 8 of this By-
law shall apply with the exception of the following:
i.
Zone Requirements
1. Lot Coverage (maximum)
Semi-detached dwelling
47%"
(By-law 2021-034)
T-R2-7 (Temporary Accessory Structure)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated T-R2-7 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Permitted Uses
1. A temporary accessory structure without a dwelling unit to be used
until the dwelling unit is constructed;
2. Any use permitted in a R2 Zone.
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TOWN OF AMHERSTBURG
SECTION 8
RESIDENTIAL SECOND DENSITY (R2) ZONE
Zone Provisions
All lot and building requirements for the permitted use and for the uses
permitted in Subsection 8(4)(g) of this By-law shall be in accordance
with Sections 8(3) and 8(4) of this By-law.
Temporary (T) Zone
The zone symbol on Schedule "A" is preceded by a "T" which stands
for a Temporary Zone as permitted under Section 39 of the Planning
Act. When the date of expiry specified in subclause (iv) below is
reached, and if no extension has been granted by Council, the zoning
of the land shall revert to the base "R2" Zone and the use permitted by
the Temporary Zone that is not permitted by the base "R2" Zone shall
be removed.
Expiry
The Permitted Uses and Zone Provisions of the T-R2-7 Zone shall
expire on August 9, 2024.
(By-law 2021-043)
R2-9
Notwithstanding any provisions of this By-law to the contrary, within any area
designated R2-9 on Schedule "A" hereto, the zone requirements of Section 8 of
this By-law shall apply with the exception of the following special provision:
i.
Uses Permitted
1. single detached dwelling;
2. home occupation;
3. accessory uses.
(By-law 2023-037)
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 8
RESIDENTIAL SECOND DENSITY (R2) ZONE
R2-10
Notwithstanding any provisions of this By-law to the contrary, within any area
designated R2-10 on Schedule "A" hereto, the zone requirements of Section 8 of
this By-law shall apply with the exception of the following special provision:
(i)
Exterior Side Yard Width (Minimum)
4 m"
(By-law 2023-089)
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TOWN OF AMHERSTBURG
SECTION 9 RESIDENTIAL THIRD DENSITY (R3) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Residential Third Density (R3)
Zones except as otherwise provided in the Special Provisions Subsection of this
Section.
(2)
USES PERMITTED
No person shall within any R3 Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following R3 uses, namely:
(i)
single detached dwelling;
(ii)
semi-detached dwelling;
(iii)
duplex dwelling;
(iv)
lodging house;
(v)
bed and breakfast establishment;
(vi)
converted dwelling;
(vii)
existing places of worship;
(viii)
home occupation;
(ix)
accessory uses;
(x)
public use.
(3)
ZONE REQUIREMENTS
No person shall within any R3 Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions.
(a)
Lot Area (Minimum)
(i)
Single detached dwelling unit, converted,
lodging house
(ii)
Duplex dwelling
(iii)
Semi-detached dwelling
Semi-detached unit
(b)
Lot Frontage (Minimum)
(i)
Single detached dwelling unit, duplex,
converted, lodging house
(ii)
Semi-detached dwelling
Semi-detached dwelling unit
460 m2
560 m2
650 m2
280 m2
12 m
(By-law 2006-
61)
18 m
8.5 m
(c)
Front Yard Depth (Minimum)
6 m
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TOWN OF AMHERSTBURG
SECTION 9
RESIDENTIAL THIRD DENSITY (R3) ZONE
(d)
Interior Side Yard Width (Minimum)
1.5 m
Provided that on a lot where there is no attached
private garage or attached carport the minimum
interior side yard width shall be 2.5 m on one side and
1.5 m on the other side
(e)
Exterior Side Yard Width (Minimum)
6 m
(f)
Rear Yard Depth (Minimum)
7.5 m
(g)
Lot Coverage (Maximum)
35%
(h)
Landscaped Open Space (Minimum)
30%
(i)
Dwelling Unit Area (Minimum)
(i) Single detached unit
75 m²
(ii) Semi-detached and duplex unit
65 m2
(iii) Converted, lodging house or tourist establishment
30 m2
per unit
(j)
Height (Maximum)
8.5 m
(k)
Accessory Uses, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
R3-1 (DETROIT RIVER RESIDENTIAL LOTS)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated R3-1 on Schedule "A" hereto, the following special provi-
sions shall apply:
i.
Zone Requirements
1.
Rear Yard Depth (Minimum)
7.5 m or the established waterfront building line, whichever is
the greater. For the purpose of this Section, established
waterfront building line shall be calculated by taking the
average depth of the existing main building on the two
adjacent lots as measured from water's edge to the closest
exterior wall of the main building and parallel to the front lot
line. Where there is an existing building on only one side of
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SECTION 9
RESIDENTIAL THIRD DENSITY (R3) ZONE
the lot, the established waterfront building line will be cal-
culated by taking the average depth of the existing main
building on the adjacent lot as measured from the water's
edge to the closest exterior wall of the main building and the
measurement of 7.5 m for the vacant adjacent lot.
2.
Lot Depth (Maximum)
40 m for the purpose of locating all buildings and structures
measured commencing at the road allowance.
3.
Height (Maximum)
No building shall be constructed so as to be more than 5
metres above 178 metres Canadian Geodetic Datum.
4.
Accessory Buildings and Structures
Notwithstanding Section 3(1) of the General Provisions,
accessory buildings and structures including boat houses
shall not locate within the required rear yard. Nothing in this
Section shall prohibit the building of a dock at the water's
edge. Fences shall be limited to a maximum height of 1.2 m
and shall be constructed of materials that do not impede sight.
5.
Landscape Open Space
The planting of trees and shrubs within the rear yards shall be
limited so as to not produce an unpierced landscaped
hedgerow higher than 0.9 m.
R3-2 (BIG CREEK)
Zone Requirement
Single Unit
Semi Detached
Detached
Minimum Lot Area
520 square metres 520 square metres 520 square metres
260 per unit
Minimum Lot Frontage
15 metres
7.5 metres per unit
Minimum Front Yard
6 metres
6 metres
Minimum Interior Side Yard
1.2 metres
1.2 metres
Minimum Exterior Side Yard 3 metres
3 metres
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SECTION 9
RESIDENTIAL THIRD DENSITY (R3) ZONE
Zone Requirement
Single Unit
Detached
Minimum Rear Yard
9 metres except 12
metres for lots on
the east side of lot
20 and both sides of
lots 21, 22, 23 and
24
shall
be
12
metres
Semi Detached
9 metres except 12
metres for lots on
the east side of lot
20 and both sides of
lots 21, 22, 23 and
24
shall
be
12
metres
Maximum Lot Coverage
45 percent
50 percent
Minimum Dwelling Unit
Minimum Floor Area
65 square metres
65 square metres
Maximum Building Height
8.5 metres
8.5 metres
R3-3
Notwithstanding any other provisions of this By-law to the contrary, within
any zoned R3-3, the minimum lot frontage of a semi-detached dwelling may
be 16.8 metres and the minimum lot frontage of a semi-detached unit may
be 8 metres.
(By-law 2002-28)
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 10 RESIDENTIAL MULTIPLE FIRST DENSITY (RM1) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Residential Multiple First Density
(RM1) Zones except as otherwise provided in the Special Provisions Subsection
of this Section.
(2)
USES PERMITTED
No person shall within any RM1 Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following RM1 uses, namely:
(i)
triplex building;
(ii)
rowhouse dwelling;
(iii)
street rowhouse dwelling;
(iv)
fourplex dwelling;
(v)
home occupation;
(vi)
accessory uses;
(vii)
public use.
(By-law 2005-62)
(3)
ZONE REQUIREMENTS
No person shall within any RM1 Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions.
(a)
Lot Area (Minimum)
185 m2 per
unit
(b)
Lot Frontage (Minimum)
(i)
Triplex, Rowhouse or Fourplex Dwelling
or
In infilling situation, the frontage requirement may
be reduced to 10.0 metres provided no buildings
are located in any part of the lot less than 25.0
metres in width.
(ii)
Street Rowhouse dwelling
Provided the minimum lot frontage for each unit in
a street rowhouse dwelling shall be 6.0 metres.
(By-law 2005-62)
25 m
25 m
(c)
Front Yard Depth (Minimum)
6 m
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RESIDENTIAL MULTIPLE FIRST DENSITY (RM1) ZONE
(d) Interior Side Yard Width (Minimum)
Provided that no side yard is required for a street
rowhouse on the side where a dwelling unit is attached to
another dwelling unit.
(By-law 2005-62)
3 m
(e)
Exterior Side Yard Width (Minimum)
6 m
(f)
Rear Yard Depth (Minimum)
6 m
(g) Lot Coverage (Maximum)
Except on the lots where a dwelling unit of a street
rowhouse is attached on each side, in which case the
maximum Lot Coverage will be 51%.
(By-law 2005-62)
40%
(h)
Landscaped Open Space (Minimum)
30%
(i)
Dwelling Unit Area (Minimum)
60 m²
(j)
Height (Maximum)
10 m
(k) Privacy Yards (Minimum)
A privacy yard shall be provided adjoining
each exterior wall of every dwelling unit that
contains habitable room windows.
6 m
(l)
Building Separation (Minimum)
(i)
between two primary windows
15 m
(ii)
between a primary window and a secondary windo
12 m
(iii)
between a primary window and an ancillary
window
9 m
(iv)
between a primary window and a blank wall
7.5 m
(v)
between two secondary windows
9 m
(vi)
between a secondary window and an ancillary
window
6 m
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 10
RESIDENTIAL MULTIPLE FIRST DENSITY (RM1) ZONE
(vii)
between a secondary window and a blank wall
4 m
(m)
Accessory Uses, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
RM1-1 (RETIREMENT HOME)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated RM1-1 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Uses permitted
A retirement home and related senior citizen care facility and
accessory uses.
ii.
Permitted Buildings and Structures
Buildings and structures for the permitted uses.
iii.
Minimum Lot Area
1.2 hectares
iv.
Minimum Lot Frontage
12
metres
v.
Minimum Front Yard
80
metres
vi.
Minimum Side Yard
4.6 metres
vii.
Minimum Rear Yard
4.6 metres
viii.
Maximum Lot Coverage
46.17%
ix.
Maximum Building Height
2
storeys
x.
Parking Requirements
Notwithstanding any provisions of this By-law to the contrary, a
minimum of 47 parking spaces shall be required in the RM1-1 Zone.
xi.
Loading Space Regulations
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 10
RESIDENTIAL MULTIPLE FIRST DENSITY (RM1) ZONE
Loading space regulations for lands zoned RM1-1 shall be exempt
from Subsection 3(14) of this By-law. Regulations pertaining to
loading spaces in the RM1-1 Zone shall be addressed by Council
through site plan control.
xii.
Number of Units Permitted
Notwithstanding any provisions of this By-law to the contrary on
lands zoned RM1-1, a maximum of 66 rest home beds on the main
floor and 36 seniors apartment dwelling units on the second floor
shall be permitted.
xiii.
Privacy Yard Requirements
Lands zoned RM1-1 shall be exempt from the Privacy Yard
regulations of Section 10(3)(k) of the By-law.
xiv.
Building Separation Requirements
Lands zoned RM1-1 shall be exempt from the Building Separation
regulations of Section 10(3)(l) of this By-law.
RM1-2
Notwithstanding any provisions of this By-law to the contrary, within any
area designated RM1-2 on Schedule "A" hereto, the following special provi-
sions shall apply:
i.
Uses Permitted
1.
rowhouse;
2.
street rowhouse;
3.
triplex;
4.
fourplex.
ii.
Zone Requirements
1.
Lot Area per Unit (m²) (Minimum)
180 m² (1937 sq.
ft.)
2.
Lot Frontage per Unit (m) (Minimum)
6.0 m (19.7 ft.)
3.
Front Yard Depth and Exterior Side
Yard Width (m) (Minimum)
6.0 m (19.7 ft.)
4.
Rear Yard Depth (m) (Minimum)
7.0 m (22.96 ft.)
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RESIDENTIAL MULTIPLE FIRST DENSITY (RM1) ZONE
5. Interior Side Yard Depth (m) (Minimum)
Except that no side yard is required on
the side where a dwelling unit is
attached to another dwelling unit.
3.0 m (9.84 ft.)
6.
Landscaped Open Space (Minimum)
30%
7. Lot Coverage (Maximum)
Except on the lots where a dwelling
unit is attached on each side the
maximum Lot Coverage will be 51%.
35%
8.
Height (m) (Maximum)
10 m (32.8 ft.)
9.
Privacy Yard and Building Separation Requirements
Lands zoned RM1-2 shall be exempt from the Privacy
Yard and Building Separation regulations of Section 10(3)
of this By-law.
RM1-3 (MOTEL)
Notwithstanding any provision of this By-law to the contrary, within any area
designated RM1-3 on Schedule "A" hereto, the following special provisions
shall apply.
i.
Uses Permitted
A motel and a variety store in addition to uses permitted in Section
10(2) of this By-law.
ii.
Zone Regulations
In accordance with Section 10(3) of this By-law.
RM1-4
Notwithstanding any provision of this By-law to the contrary, within any area
designated RM1-4 on Schedule "A" hereto, the following special provisions
shall apply.
i.
Uses Permitted
Street rowhouse in addition to the uses permitted in the RM1 Zone.
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RESIDENTIAL MULTIPLE FIRST DENSITY (RM1) ZONE
ii.
Minimum Lot Frontage
6
metres
iii.
Maximum Lot Coverage
58% for
interior units
iv.
Privacy Yard Requirements
Lands zoned RM1-4 shall be exempt from the Privacy Yard
regulations of Section 10(3)(k) of this By-law.
v.
Building Separation Requirements
Lands zoned RM1-4 shall be exempt from the Building Separation
regulations of Section 10(3)(l) of this By-law.
(By-law No. 2000-45)
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TOWN OF AMHERSTBURG
SECTION 11 RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Residential Multiple Second Density
(RM2) Zones except as otherwise provided in the Special Provisions Subsection
of this Section.
(2)
USES PERMITTED
No person shall within any RM2 Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following RM2 uses, namely:
(i)
multiple dwelling;
(ii)
continuum-of-care facility;
(iii)
home occupation;
(iv)
accessory uses;
(v)
public use.
(3)
ZONE REQUIREMENTS
No person shall within any RM2 Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions.
(a)
Lot Area (Minimum)
840 m2
(b)
Lot Frontage (Minimum)
30 m
(c)
Front Yard Depth (Minimum)
7.5 m
(d)
Interior Side Yard Width (Minimum)
or half the height of the building, whichever is greater.
6 m
(e)
Exterior Side Yard Width (Minimum)
or half the height of the building, whichever is greater.
6 m
(f)
Rear Yard Depth (Minimum)
7.5 m
(g)
Lot Coverage (Maximum)
including parking structures
40%
(h)
Landscaped Open Space (Minimum)
30%
(i)
Dwelling Unit Area (Minimum)
35 m²
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SECTION 11
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
(i)
Bachelor dwelling unit
(ii)
Dwelling unit containing one bedroom
(iii)
Dwelling unit containing two bedrooms
(iv)
Dwelling unit containing three bedrooms
(v)
Dwelling unit containing more than three bedrooms
- 80 m² plus 10 m² for each bedroom in excess of 3
50 m2
65 m2
80 m2
(j)
Height (Maximum)
22 m
(k) Privacy Yards (Minimum)
A privacy yard shall be provided adjoining each exterior
wall of every dwelling unit that contains habitable room
window.
7 m
(l)
Building Separation (Minimum)
(i)
between two primary windows
15 m
(ii)
between a primary window and a secondary window
12 m
(iii)
between a primary window and an ancillary window
9 m
(iv)
between a primary window and a blank wall
7.5 m
(v)
between two secondary windows
9 m
(vi)
between a secondary window and an ancillary
window
6 m
(vii)
between a secondary window and a blank wall
4 m
(m)
Accessory Uses, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
RM2-1 (UNION HALL)
160
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 11
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
Notwithstanding any provisions of this By-law to the contrary, within any area
designated RM2-1 on Schedule "A" hereto, the following special provisions shall apply:
i.
Uses Permitted
1.
an assembly hall;
2.
offices accessory to a permitted use;
3.
any use permitted in an RM2 Zone.
ii.
Zone Requirements
1.
Assembly Hall
For the purposes of this Zone, an assembly hall shall mean a
building in which facilities are provided for such purposes as
meetings for civic, educational, political, religious or social
purposes and may include a private club or fraternal organiz-
ations.
2.
Interior Side Yard Width (Minimum)
3 m or half the height of the building, whichever is the greater.
3.
Landscaped Open Space (Minimum)
15%
RM2-2
Notwithstanding any provisions of this By-law to the contrary, within any area
designated RM2-2 on Schedule "A" hereto the following special provi- sions shall a
i.
Height (Maximum)
15 m (49.2 ft.)
RM2-3
Notwithstanding any provisions of this By-law to the contrary, within any area
designated RM2-3 on Schedule "A" hereto, the following special provisions shall
apply:
ii.
Exterior Side Yard (Minimum)
5 m
iii.
Interior Side Yard (Minimum)
4.87 m
iv.
Landscaped Open Space (Minimum)
24%
161
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 11
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
v.
Parking Area Setback
1 m
RM2-4
Notwithstanding any provisions of this By-law to the contrary, within any area
designated RM2-4 on Schedule "A" hereto, the following special provisions shall
apply:
i.
Interior Side Yard Width (Minimum)
7.6 m
ii.
Planting Strips
The part of the lot containing the residential use or directly adjoining
the adjacent commercial use shall be used for no purpose other
than a planting strip having a minimum width of 3 metres measured
perpendicularly to the said lot line.
iii.
Compound Zone
Notwithstanding the regulations of Section 3(15), 4(7)(a) or 4(7)(b) to
the contrary, lands zoned as "CH-8/RM2-4" on Schedule "A" to this By- law shall only be used in accordance with one of the permitted zones and the selected zone regulations shall apply. (By-law 2005- 90)
RM2-5
Notwithstanding any provisions of this By-law to the contrary, within any
area designated RM2-5 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Rear yard Depth
No setback shall be required from the EP-4 zone line
ii.
Environmental Impact Study Provisions
The provisions of the Environmental Impact Study shall be
incorporated into a Site Plan Control Agreement
(By-law 2005-79)
RM2-6
Notwithstanding any provisions of this By-law to the contrary, within any
area zoned RM2-6 on Schedule "A" hereto, the following special provisions
shall apply:
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 11
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
i.
Height (maximum) - 12.2 metres
ii.
Environmental Assessment - The provision for an environmental
assessment and the enactment thereof shall be addressed as
part of the Site Plan approval process.
iii.
Servicing - The provision for extension of the required servicing
shall be addressed as part of the Site Plan approval process.
(By-law 2007-94)
RM2-7 (365 Sandwich Street South)
Notwithstanding any other provisions of this By-law to the contrary, within any
area zoned RM2-7 on Schedule "A" hereto, the zone requirements of Section
11 of the By-law shall apply with the addition of the following special
provisions:
(i)
Uses Permitted:
(a)
multiple dwelling;
(b)
home occupation;
(c)
accessory uses.
(ii)
Lot Frontage (Minimum)
10 m
(iii) Interior Side Yard Width (Minimum)
6 m
(iv) Rear Yard Depth (Minimum)
6 m
(v) Landscaped Open Space (Minimum)
27%
(vi) Dwelling Unit Area (Minimum)
i.
Dwelling unit containing one bedroom 45 m2
ii.
Dwelling unit containing two bedrooms 60 m2
(vii) Height (Maximum)
21 m
163
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 11
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
(viii) Privacy Yards (Minimum)
4.6 m
(ix) Building Separation (Minimum)
4.6 m
(By-law 2022-088)
(h) RM2-8 (Part 1, 12R28876, 247 Brock Street)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned RM2-8 on Schedule "A" hereto, the zone requirements of
Section 11 of the By-law shall apply with the addition of the following special
provisions:
(i)
Uses Permitted:
(a)
multiple dwelling;
(b)
home occupation;
(c)
accessory uses.
(ii)
Exterior Side Yard Width (Minimum)
2.5 m
(iii) Interior Side Yard Width (Minimum)
2.5 m
(iv) Rear Yard Depth (Minimum)
2.5 m
(v)
Landscaped Open Space (Minimum)
25 %
(vi) Dwelling Unit Area (Minimum)
0 m2
(vii) Height (Maximum)
16.7 m
164
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 11
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
(viii) Privacy Yards (Minimum)
0 m
(ix) Building Separation (Minimum)
0 m
(x)
Accessory Parking Structure Lot
Coverage (Maximum)
290 m2
(xi) Accessory uses and structures in
addition to (x) above will be in
accordance with the provisions of
Section 3 hereof;
(xii) Required Parking Spaces (Minimum)
1.25 spaces/unit
(xiii) Special Parking Provisions for
(RM2-8) Residential Zones:
a) all parking spaces shall be located in a garage, or carport or
in a side yard, rear yard, or exterior side yard but shall not be
located within the required front yard or on a driveway in the
front yard;
b) all parking spaces located in an exterior side yard shall have
a 2.5 m setback to any street line
c) all parking spaces shall have a 1 m setback to any interior side
lot line or rear lot line.
d) notwithstanding c) above, parking spaces may have a 0
m setback for a mutual, shared lot line with Part 2 on
Plan 12R28876.
(By law 2022-074)
165
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 11
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
(i) RM2-9 (207 Brock Street)
Notwithstanding any other provisions of this By-law to the contrary,
within any area zoned RM2-9 on Schedule "A" hereto, the zone
requirements of Section 11 of the By-law shall apply with the additionof
the following special provisions:
i.
Uses Permitted:
(a)
multiple dwelling;
(b)
home occupation;
(c)
accessory uses.
(ii)
Front Yard Depth (Minimum)
(iii)
Exterior Side Yard Width (Minimum)
(iv) Interior Side Yard Width (Minimum)
(v)
Rear Yard Depth (Minimum)
6.0 m
5.0 m
6.0 m
7.0 m
(vi) Landscaped Open Space (Minimum)
25 %
(vii) Dwelling Unit Area (Minimum)
0 m2
(viii) Height (Maximum)
16.0 m
(ix) Privacy Yards (Minimum)
0 m
(x)
Building Separation (Minimum)
0 m
(xi) Accessory Parking Structure Lot
Coverage (Maximum)
300 m2
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 11
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
(xii) Accessory uses and structures in
addition to (xi) above will be in
accordance with the provisions of
Section 3 hereof;
(xiii) Required Parking Spaces (Minimum) 1.25 spaces/unit
(xiv) Special Parking Provisions for (RM2-9) Residential Zone:
a)
all parking spaces shall be located in a garage, or
carport or in a side yard, rear yard, or exterior side
yard but shall not be located within the required
front yard or on a driveway in the front yard;
b)
all parking spaces located in an exterior side yard
shall have a 2.5 m setback to any street line;
c)
all parking spaces located in a rear yard shall have
a 2.0 m setback to any property line;
d)
all parking spaces shall have a 1 m setback to any
interior side lot line.
(By-law 2022-063)
(j) RM2-10 (Part 2, 12R28876, 247 Brock Street)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned RM2-10 on Schedule "A" hereto, the zone requirements of
Section 11 of the By-law shall apply with the addition of the following special
provisions:
i.
Uses Permitted:
(a)
multiple dwelling;
(b)
home occupation;
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 11
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
(c)
accessory uses.
ii.
Front Yard Depth (Minimum)
2.5m
iii.
Interior Side Yard Width (Minimum)
2.5m
iv.
Rear Yard Depth (Minimum)
7.5m
v.
Landscaped Open Space (Minimum)
25 %
vi.
Dwelling Unit Area (Minimum)
0 m2
vii.
Height (Maximum)
16.7 m
viii.
Privacy Yards (Minimum)
Om
ix.
Building Separation (Minimum)
Om
x.
Accessory Parking Structure Lot
Coverage (Maximum)
290 m2
xi.
Accessory uses and structures will be in accordance
with the provisions of Section 3 hereof;
xii.
Required Parking Spaces (Minimum)
1.25 spaces/unit
xiii.
Special Parking Provisions for (RM2-10) Residential
Zones:
a)
all parking spaces shall be located in a garage,
or carport or in a side yard, rear yard, or exterior
side yard but shall not be located within the
required front yard or on a driveway in the front
yard;
b)
all parking spaces located in an exterior side
yard shall have a 2.5 m setback to any street
line;
c)
all parking spaces shall have a 1 m setback to
any interior side lot line or rear lot line;
168
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 11
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
d)
notwithstanding c) above, parking spaces may
have a 0 m setback for a mutual, shared lot line
with Part 1 on Plan 12R28876.
(By-law 2022-074)
(k)
RM2-11 (359 Dalhousie Street)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned RM2-11 on Schedule "A" hereto, the zone requirements of
Section 11 of the By-law shall apply with the addition of the following special
provisions:
(i)
Uses Permitted
(a) multiple dwelling;
(b) home occupation; (c) accessory uses;
(c) accessory uses;
(ii)
Interior Side Yard Width (Minimum)
5.1 m
(iii)
Landscaped Open Space (Minimum)
25%
(iv)
Accessory Parking Structure Lot
280 m2
Coverage (Maximum)
Accessory uses, parking, home occupation, etc. and accessory structures in
addition to (iv) above will be in accordance with the provisions of Section 3 hereof.
(By-law 2022-090)
169
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 12 RESIDENTIAL HERITAGE (RH) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Residential Heritage (RH) Zones
except as otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within any RH Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following RH uses, namely:
(i)
single detached dwelling;
(ii)
semi-detached dwelling;
(iii)
duplex dwelling;
(iv)
converted dwelling;
(v)
lodging house;
(vi)
bed and breakfast establishment;
(vii)
existing place of worship, including associated place of public assembly;
(viii)
building or use accessory to the above provided that the building is not used
for human habitation;
(ix)
public use.
(3)
ZONE REQUIREMENTS
No person shall within any RH Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions.
(a)
Lot Area (Minimum)
No minimum
(b)
Lot Frontage (Minimum)
No minimum
(c)
Front Yard Depth (Minimum)
The average of the adjacent properties to both sides
or the existing front yard depth.
(d)
Interior Side Yard Width (Minimum)
1.5 m
(e)
Exterior Side Yard Width (Minimum)
The front yard depth of the adjacent property or 6 m
whichever is the lesser.
(f)
Rear Yard Depth (Minimum)
6 m
(g)
Lot Coverage (Maximum)
40%
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 12
RESIDENTIAL HERITAGE (RH) ZONE
(h)
Landscaped Open Space (Minimum)
20%
(i)
Dwelling Unit Area (Minimum)
(i)
Single detached unit
(ii)
Semi-detached and duplex unit
(iii)
Converted, lodging house
75 m²
65 m2
30 m2 per unit
Height
Parapet line for buildings located on a corner: The top of the highest
projection along the facade may be no more than 50 cm higher than the
highest parapet line along the block in which the building is situated. Any
new building replacing a damaged building should be built to the height of
the original building.
Parapet line for buildings located between two other buildings: The top of
the highest projection along the facade may be no more than 50 cm higher
than the higher parapet line of the two adjacent buildings.
Roof line: If a roof is flat, it shall be located lower than the parapet. If a roof
is sloped, its ridge shall be parallel to the street and shall be no higher than
the highest ridge or parapet on the block on which the building is situated.
Chimneys are not included in these height restrictions.
Additions
No additions shall be constructed in the front yard or exterior side yard but
shall be restricted to the rear and interior side yards.
Replacement
If a building or structure that is designated as a Heritage Building is
demolished, removed, or destroyed, the new building or structure to occupy
the lot must be of the same height, volume, floor area, general form, mass,
and external design as the original building or structure.
Accessory Use, Parking, Home Occupation, etc. in accordance with the
provisions of Section 3 thereof.
(4)
SPECIAL PROVISIONS
171
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 13 RESIDENTIAL OFFICE (RO) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Residential Office (RO) Zones
except as otherwise provided in the Special Provisions Subsection of this
Section.
(2)
USES PERMITTED
No person shall within any RO Zone, use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following RO
uses, namely:
(i)
uses permitted within a Residential Heritage Zone as provided in Section
12 hereto;
(ii)
professional office;
(iii)
working room for a tailor, dressmaker and draftsman;
(iv)
studio for an artist, music teacher, academic tutor, and author;
(v)
public use;
(vi)
personal service shop (excluding laundry, laundromat, and dry cleaning
establishment)2;
(vii)
existing uses2;
(viii)
dwelling unit;
(ix)
medical/dental office;
(x)
business office;
(xi)
service office.
(3)
ZONE REQUIREMENTS
No person shall within any RO Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
Lot Area (Minimum)
(i)
Single detached dwelling unit, converted board or
rooming dwelling
(ii)
Duplex dwelling
(iii)
- Semi-detached dwelling
- Semi-detached unit
465 m²
560 m2
600 m2
280 m2
2
By-Law No. 1772.
172
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 13
RESIDENTIAL OFFICE (RO) ZONE
(iv)
- Non-residential uses and residential combination
- Dwelling unit (Per unit)
465 m2
185 m2
(b)
Lot Frontage (Minimum)
(i)
Single detached dwelling unit, converted board or
rooming dwelling
(ii)
Duplex dwelling
(iii)
- Semi-detached dwelling
- Semi-detached unit
(iv)
- Non-residential uses and residential combination
15 m
18 m
18 m
8.5 m
15 m
(c)
Front Yard Depth (Minimum)
6 m
(d)
Interior Side Yard Width (Minimum)
provided that on a lot where there is no attached private
garage or attached carport the minimum interior side yard
width shall be 2.5 m on one side and 1.5 m on the other
side
1.5 m
(e)
Exterior Side Yard Width (Minimum)
6 m
(f)
Rear Yard Depth (Minimum)
7.5 m
(g)
Lot Coverage (Maximum)
40%
(h)
Landscaped Open Space (Minimum)
20%
(i)
Dwelling Unit Area (Minimum)
(i)
Single detached unit
(ii)
Semi-detached and duplex unit
(iii)
Converted, boarding, or rooming establishment per
unit
75 m²
65 m2
30 m2
(j)
Height (Maximum)
8.5 m
(k)
Parking and Loading
No parking or loading areas shall be located in the front
yard
(l)
Non-Residential Permitted Uses Restrictions
173
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 13
RESIDENTIAL OFFICE (RO) ZONE
No non-residential use permitted in this Section shall create or become
a nuisance in regard to noise, odour, vibration, radiation, traffic
generated or parking.
Replacement
If a building or structure that is designated as a Heritage Building is
demolished, removed or destroyed, any new building or structure to occupy
the lot must be of the same height, volume, floor area, general form, mass,
and external design as the original building or structure.
Accessory Uses, Parking, Home Occupation, etc. in accordance with the
provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
RO-1 (CLINIC)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated RO-1 on Schedule "A" hereto the following special provi-
sions shall apply:
Uses Permitted
1.
a clinic;
2.
any use permitted in an RO Zone.
RO-2
Notwithstanding any provisions of this By-law to the contrary, within any
area designated RO-2 on Schedule "A" hereto the zone requirements of
Section 13(3) shall apply with the exception of Section 13(3)(b)(ii). A
permitted non-residential use may occupy up to 100 percent of the total
gross floor area of the building.
RO-4 (193 Simcoe Street)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated RO-3 on Schedule "A" hereto, the requirements of
Subsection 13 of this By-law shall apply with the exception of the following
special provisions:
i.
Uses Permitted
1.
Any use permitted in an RO Zone;
2.
Day care.
174
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 13
RESIDENTIAL OFFICE (RO) ZONE
ii.
Parking Provision
Notwithstanding the parking requirements of Section 3(21), the
parking requirements for any area zoned RO-3 on Schedule "A" shall
allow parking areas in the front yard. All other parking regulations
shall apply.
(By-law 2015-96)
(e)
RO-5 (41 Sandwich Street South)
Notwithstanding any other provisions of this By-law to the contrary,
within any area zoned as RO-5 on Schedule "A" hereto, the zone
requirements of Section 13 of the By-law shall apply with the addition
of the following special provisions:
(i)
Uses Permitted;
(a) Five (5) Dwelling Units;
(b) Any use permitted in a RO Zone
(ii)
Permitted Buildings and Structures
All building requirements for the dwelling units shall be as they
existed on the date of the adoption of this by-law. The existing four
(4) dwelling units in the main structure on the property shall continue
to be permitted. One (1) additional dwelling unit shall be permitted in
the existing accessory structure located on the property. All lot and
building requirements for uses permitted in Subsection 13(2) and
Subsection 13(4)(e) shall be in accordance with Subsection 13(3) of
this By-law."
(By-law 2023-024)
175
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 14 RESIDENTIAL MODULAR HOME PARK (RMH) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Residential Modular Home Park
(RMH) Zones except as otherwise provided in the Special Provisions Subsection
of this Section.
(2)
USES PERMITTED
No person shall within any RMH Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following RMH uses,
namely:
(i)
mobile home park;
(ii)
mobile home;
(iii)
modular home.
(3)
ZONE REQUIREMENTS
No person shall within any RMH Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
Lot Area (Minimum)
(i)
mobile home park - not less than 4 ha and not more than 20 ha
(ii)
modular/mobile home lot - not less than 325 m²
(b)
Lot Frontage (Minimum)
(i)
mobile home park
(ii)
modular/mobile home lot
30 m
12 m
(c)
Front Yard Depth (Minimum)
(i)
mobile home park
(ii)
modular/mobile home lot
10 m
3.5 m
(d)
Interior Side Yard Width (Minimum)
(i)
mobile home park
(ii)
modular/mobile home lot
5 m
2.5 m on one side
and 1.2 m on the
other side
(e)
Exterior Side Yard Width (Minimum)
(i)
mobile home park
10 m
176
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 14
RESIDENTIAL MODULAR HOME PARK (RMH) ZONE
(ii)
modular/mobile home lot
3.5 m
(f)
Rear Yard Depth (Minimum)
(i)
mobile home park
(ii)
modular/mobile home lot
5 m
3.5 m
(g)
Lot Coverage (Maximum)
30%
(h)
Height (Maximum)
(By-law 2016-32)
10 m
(i)
Landscaped Open Space (Minimum)
30% of each mobile home lot plus 8% for use in common by all persons
living within the mobile home park.
(j) Clarification of Yard Requirements for Mobile Home Lots
Notwithstanding the definitions contained in Section 2 hereof, the lot
area, lot frontage and yards pertaining to mobile home lots shall be
determined as if such mobile home lots were separate lots as defined
herein and as if any driveways providing access to the said mobile home
lots were improved streets.
(k)
Accessory Uses, Parking, Home Occupation, etc. in accordance with the
provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
a) RMH-1
i.
Uses Permitted
1.
no more than 300 single modular dwelling units on one lot;
2.
a retail store;
3.
a gas bar;
4.
an eating establishment;
5.
recreational facilities;
6.
sanitary sewage treatment facility;
7.
accessory uses including an office.
(By-law 2016-32)
ii.
Permitted Buildings and Other Structures
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 14
RESIDENTIAL MODULAR HOME PARK (RMH) ZONE
Buildings and structures for the uses permitted in Subsection
14(4)(a)(i) for lands zoned RMH-1.
iii.
Lot and Building Requirements
1. Minimum Lot Area
45 acres
2. Minimum Lot Frontage
1000 feet
3. Maximum Lot Coverage
35%(including
buildings and
structures)
4. Minimum Front Yard
(Measured
from
the
5th
Concession Road)
25 feet
5. Minimum Rear Yard
25 feet
6. Minimum Interior Side Yard
25 feet
7. Minimum Exterior Side Yard
(Measured from Essex County
Road 18)
125 feet
iv.
In addition to the foregoing requirements, the following separation
requirements shall apply to buildings and structures in the RMH-1
Zone:
1. No part of any single unit dwelling or accessory residential building or
structure shall be closer than 8 feet to any other single unit dwelling or
accessory residential building or structure;
2. No part of any non-residential building or structure or accessory non-
residential building or structure shall be closer than 50 feet to any single unit
dwelling.
v.
Accessory Use Requirements
Each residential accessory building shall not exceed 100 square feet
in area.
vi.
Servicing Requirements
No person shall use any lot or erect, alter, or use any building or
structure in the RMH-1 zone unless such land, building, or structure
is serviced with a private communal piped water system and a private
communal sanitary sewage treatment facility in accordance with the
178
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 14
RESIDENTIAL MODULAR HOME PARK (RMH) ZONE
b) h-RMH-1
requirements of the Town of Amherstburg and the Ministry of
Environment or its designated agent.
i.
Uses Permitted
Those uses existing on the date of adoption of the By-law.
ii.
Permitted Buildings and Other Structures
Existing buildings and structures for the uses permitted in Subsection
14(4)(a)(ii), except that tents and trails shall be permitted in the
campground, notwithstanding that the tents and trailers may not have
been situated in the campground on the date of adopt of the By-law.
Once the (h) is removed, camping (tents and trailers) shall no longer
be permitted.
iii.
Lots and Building Requirements
All lot and building requirements for lands zoned RMH-1(h) shall be
as they existed on the date or adoption of this By-law, except that
tents and trailers shall be permitted in the existing campground.
iv.
Holding Requirements
In those areas zoned RMH-1(h), the (h) symbol may be removed at
such time as the necessary site plan and other agreements are in
place in keeping with the requirements more specifically established
in the Town of Amherstburg Official Plan.
(By-law 2016-32)
179
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Commercial General (CG) Zones
except as otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within any CG Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following CG uses, namely:
(i)
amusement game establishment;
(ii)
animal hospital;
(iii)
art gallery;
(iv)
assembly hall;
(v)
bakery shop;
(vi)
catalogue store;
(vii)
cinema;
(viii)
clinic;
(ix)
commercial recreation establishment;
(x)
commercial school;
(xi)
continuum of care facility;
(xii)
data processing establishment; day care;
(xiii)
day care;
(xiv)
department store;
(xv)
drive through facility; (By-law No. 2012-65)
(xvi)
dry cleaning or laundry establishment or distribution centre;
(xvii) dwelling units restricted to above the first floor;
(xviii) existing place of worship;
(xix)
financial establishment;
(xx)
florist shop;
(xxi)
food store;
(xxii) funeral home;
(xxiii) hardware store;
(xxiv) home and auto supply store;
(xxv) home appliance store;
(xxvi) home decorating store;
(xxvii) home for the aged;
(xxviii) home furnishing store;
(xxix) home improvement store;
(xxx) hotel or motel;
(xxxi)i nstitutional use; laboratory;
(xxxii) laboratory;
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SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(xxxiii) laundromat;
(xxxiv) library;
(xxxv) medical/dental office;
(xxxvi) merchandise service shop;
(xxxvii) marina;
(xxxviii)nursing home;
(xxxix) office;
(xl)
parking lot;
(xli)
personal service shop;
(xlii)
pharmacy;
(xliii) place of entertainment;
(xliv) printing shop;
(xlv)
public use;
(xlvi) recreational establishment;
(xlvii) repair and rental establishment;
(xlviii) restaurant;
(xlix) restaurant, fast-food;
(l)
retail store;
(li)
retirement lodge;
(lii)
studio
(liii)
supermarket;
(liv)
tavern;
(lv)
theatre;
(lvi)
taxi establishment;
(lvii)
vehicle repair shop;
(lviii) veterinarian clinic;
(lix)
video rental establishment;
(lx)
wholesale use accessory to a permitted CG use;
(lxi)
any existing automotive use.
(3)
ZONE REQUIREMENTS
No person shall within any CG Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
Lot Area (Minimum)
No minimum
(b)
Lot Frontage (Minimum)
No minimum
(c)
Front Yard Depth (Minimum)
No Minimum
except as pro-
vided in Section
3(23) thereof
(d)
Interior Side Yard Width (Minimum)
No Minimum
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SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
provided that where the interior side lot line abuts
land in a zone other than a Commercial or
Institutional Zone, the minimum interior side yard
width shall be 7 m.
(e)
Exterior Side Yard Width (Minimum)
No Minimum
(f)
Rear Yard Depth (Minimum)
7.5 m
(g)
Dwelling Unit Area (Minimum)
55 m2
(h)
Height (Maximum)
10 m
(By-law 2012-65)
(i) Heritage Buildings
If a building or structure that is designated as a Heritage Building is
demolished, removed or destroyed, any new building or structure to
occupy the lot must be of the same height, volume, floor area, general
form, mass, and external design as the original building or structure.
(j)
Open Storage
No open storage of goods, materials or waste shall be permitted.
(k)
Accessory Uses, Parking, Home Occupation, etc. in accordance with
the provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
CG-1 (BUILDING SUPPLIES)
i.
Uses Permitted
1.
a building supply yard;
2.
any use permitted in the CG Zone.
CG-2 (SUPERMARKET AND ASSOCIATED RETAIL)
Notwithstanding any provisions of this By-law to the contrary including
Section 3(23), within any area zoned CG-2 on Schedule "A" hereto, the zone
requirements of Section 15 of the By-law shall apply with the exception of the
following:
(i)
Frontage on Sandwich Street
30 m contiguous
182
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(ii)
Front Yard Depth (Minimum)
Sandwich
6 m from the street
(iii)
Interior Side Yard Width (Minimum)
7 m
(iv)
Exterior Side Yard Depth (Minimum)
3 m from Fort
Street
(v)
Rear Yard Depth (Minimum)
7 m
(vi)
Minimum Widths for Landscaped Planting
Strips
Abutting Sandwich Street
6 m
Abutting Fort Street
3 m
Abutting East Boundary
0 m
Abutting existing residential Interior Side
Yards
6 m
Abutting all other boundaries
3 m
(vii)
Loading Spaces Required
1
(viii) Location of Parking
Access and limited front yard parking shall be permitted on Part Lots
14 and 15, subject to the required landscaped planting strips as
provided for in Subsection (vi) of By-law 2001-58. No access will
be permitted from Part Lot 12.
(ix)
Lot Area
1.5 hectares
(By-law 2001-58)
(By-law 2002-14)
CG-3 (AUTOMOBILE SERVICE STATION)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated CG-3 on Schedule "A" hereto the following special provi-
sions shall apply:
i.
Uses Permitted
1.
an automobile service station;
2.
any use permitted in a CG Zone.
CG-4 (PARKING SPECIAL PROVISION)
183
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
Notwithstanding the parking requirements of Section 21(a) (b) or (c), the
parking requirements for any area zoned CG-4 on Schedule "A" for
residential units shall be 0.33 per unit and there shall be not parking
requirements for non-residential land uses. All other parking regulations
shall apply.
(By-law 2002-51)
The minimum height shall be 7 metres and the maximum height shall be 18
metres.
(By-law 2012-65)
CG-5 (DEPARTMENT STORE AND ASSOCIATED
RETAIL)
1. Zone Requirements
Notwithstanding any provision of this By-law to the contrary including
Section 3(23), within any area zone CG-5 on Schedule "A" hereto,
the zone requirements of Section 15 of the By-law shall apply with
the exception of the following:
(i)
Frontage
on
Sandwich
Street
30 m contiguous
(ii)
Front Yard Depth (Minimum)
6 m from Sandwich
St, however, at least
25%
of
buildings
fronting
on
to
Sandwich
Street
shall not be setback
further
than
25
metres maximum
(iii)
Interior Side Yard Width (Minimum)
7 m
(iv)
Exterior Side Yard Depth (Minimum)
3.0 from Brunner
Ave.
(v)
Rear Yard Depth (Minimum)
7 m
(vi)
Minimum Widths for Landscaped
Planting Strips
Abutting Sandwich Street
6 m
Abutting Brunner Ave
3 m
Abutting East Boundary
0 m
184
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
Abutting all other boundaries
0 m
(vii) Restricted Build Area
The land area at the north east corner of Sandwich Street
and Brunner Ave., within the CG-5 zone, shall be a
Restricted Build Area. Such "Restricted Build Area" shall not
be used for a restaurant or a restaurant, fast-food. Parking
for uses permitted within the "Restricted Build Area" shall be
prohibited within the front yard and exterior side yard. The
"Restricted Build Area" shall extend northward a minimum of
18 m from the Brunner Ave. property line and extend a
minimum of 138 m eastward from the Sandwich Street
property line.
(viii) Restricted Uses
Notwithstanding Section 15(2) no lands zoned CG-5 may be
used for a continuum of care facility, day care, home for the
aged, hotel or motel, nursing home, retirement home, a
dwelling unit or any land use involving overnight
accommodation.
Notwithstanding Section 15(2) or the provisions of Section
15(4)(e)(ix), a department store will not be permitted until
such time as the site plan has been approved and a building
permit issued for the use.
(ix) Gross Floor Area
Maximum gross floor area for all permitted uses within the
CG-5 Zone shall be 9000 square metres.
Individual retail uses shall have a minimum gross floor area
of not less than 250 square metres, with the exception of a
car wash accessory to a convenience store which shall have
a minimum gross floor area of not less than 150 square
metres.
Supermarkets, home and auto supply stores shall not be
permitted unless support for such use is substantiated by a
retail market study that has determined to Council's
satisfaction that no negative impact on the planned function
of established commercial development will result.
(x)
Height
Maximum building height for a department store shall be 15
metres.
185
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
Permitted Uses
Notwithstanding Section 15(2) or 15(4)(viii) additional uses
permitted in the CG-5 Zone include automobile service,
business/professional office and convenience store.
(By-law 2004-80)
(By-law 2015-119)
CG-6
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned CG-6 on Schedule 'A' hereto, the following special
provisions shall apply:
i.
Uses Permitted
(a)
Any use permitted in a CG zone;
(b)
A maximum of 14 dwelling units including units on the first
floor.
ii.
Other Provisions
(a)
Rear Yard Depth (minimum)
4.5 m
(b)
Building Height to roof peak 14 m maximum and 10 m
minimum
(c)
Heritage Building replacement shall be as approved on a site
plan under Section 41 of the Planning Act with Council
approval to drawings being required as per Section 41(4) of
the Planning Act.
(d)
Access to Parking Area and Required Spaces
Notwithstanding Section 3(21)(i)(i) access to the underground
parking structure may be provided from a right of way that
does not access an improved street and notwithstanding
Section 3(21)(a)(b)or(c) the parking requirement for a
residential unit shall be 0.33 spaces per unit and there shall
not be parking requirements for non-residential land uses. All
other parking requirements shall apply.
(By-law 2005-16)
186
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
CG-7
Notwithstanding any other provisions of Section 15(3) and Section 3(23) to
the contrary, within any area zoned CG-7 on Schedule "A" hereto, the
minimum setback from the front lot line shall be 6 metres and the maximum
setback from the front lot line shall be 15 metres. The minimum building
height shall be 6 metres and the maximum building height shall be 10
metres. All other general provision and regulations of By-law 1999-52, as
amended from time to time shall apply.
(By-law 2005-36)
CG-8 (Sandwich at Crownridge)
The following special provisions shall apply to lands zoned (CG-8):
Height (Maximum)
29 metres
Maximum residential density
50 units
Maximum hotel units
70 bedroom units
All other provisions under Subsection 15(3) Zone Regulations shall
apply to lands zoned (CG-8).
(By-law 2010-28)
CG-9 (SPECIAL PROVISION- FRONT YARD DEPTH/
PARKING)
The following special provisions shall apply to lands zoned (CG-9):
Notwithstanding Section 15(3)(c), the front yard depth within the CG-9 zone
shall be a minimum of 14m and a maximum front yard depth of 34m.
Notwithstanding Section 3(21)(g) parking may be provided in the front yard
in the CG-9 zone.
All other provisions under Section 3 and Section 15, as amended from time
to time shall apply.
(By-law 2012-79)
CG-10
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned CG-10 on Schedule 'A' hereto, the following special
provisions shall apply:
i.
Uses Permitted
187
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(a)
Any use permitted in a CG zone;
(b)
A maximum of 17 dwelling units including dwelling units on
the first floor.
Notwithstanding the parking requirements
of Section 3(21)(a), (b), or (c), the parking
requirements for any area zoned CG-10 on
Schedule "A" for residential units shall be
0.33 per unit and there shall be no parking
requirements for non-residential land uses.
All other parking regulations shall apply.
The minimum height shall be 7 metres and
the maximum height shall be 18 metres.
Other Provisions
(a) Rear Yard Depth (minimum)
Northwest corner 1.8 m
Southwest corner 3.2 m
(By-law 2014-79)
CG-11 (274-286 Dalhousie Street)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned CG-11 on Schedule 'A' hereto, the requirements of
Subsection 15 of this By-law shall apply with the exception of the following
special provisions:
i.
Parking Provision
Notwithstanding the parking requirements of Section 3(21), the
parking requirements for any area zoned CG-11 on Schedule "A" for
the residential units shall be 0.33 per unit and there shall be no
parking requirements for non-residential land uses. All other parking
regulations shall apply (By-law No. 2002-51).
ii.
Height of Building
The minimum building height shall be 7 metres and the maximum
height shall be 18 metres.
iii.
Rear yard for commercial uses
0m minimum rear yard is permitted for commercial uses.
iv.
Residential Units
188
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
The location of residential units is restricted to above the commercial
units. Entrances and stairways for the residential units are permitted
to be located on the ground floor of the structure. The residential
units may have road frontage associated with the units.
(By-law 2015-63)
CG-12 (83 Sandwich Street South)
i.
Uses Permitted
Notwithstanding Section 15(2) additional uses permitted within the CG-12 Zone
include a drive-through restaurant as defined in the definitions section of the by-law.
Notwithstanding any other provisions of this By-law to the contrary including Section
3(23), within any area zoned CG-12 on Schedule "A" hereto, the zone requirements
of Section 15 of the By-law shall apply with the exception of the following:
(i)
Frontage on Sandwich Street
30 m contiguous
(ii)
Front Yard Depth (Minimum)
6 m from the street
(iii)
Interior Side Yard Width (Minimum)
6 m
(iv)
Exterior Side Yard Depth (Minimum)
3 m from Fort Street
(v)
Rear Yard Depth (Minimum)
7 m
(vi)
Minimum Widths for Landscaped Planting Strips
Abutting Sandwich Street
6 m
Abutting Fort Street
3 m
Abutting East Boundary
0 m
Abutting Existing Residential Interior Side Yards
3 m
Abutting all other boundaries
3 m
(vii)
Loading Spaces Required
1
(viii)
Notwithstanding Section 3(21)(c) the minimum number of parking
spaces required shall be 190.
(ix)
Location of Parking
Access and limited front yard parking shall be permitted on Lot 14
and Part Lot 15, subject to the required landscaped planting strips as
189
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
provided for in Subsection (vi). No access will be permitted from Part
Lot 12.
(x)
An outdoor patio associated with a restaurant shall be permitted on
lands adjoining a residential zone class with a maximum gross area
of 44 sq m. All other provisions in Section 3(20) shall apply.
(xi)
Lot Area
1.5 hectares
(xii)
The exit of the drive-thru lane be a minimum of 25 metres from the
western property line.
(By-Law 2019-030)
CG-13 (253, 257-265 Dalhousie Street)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned CG-12 on Schedule "A" hereto, the zone requirements of
Section 16 of the By-law shall apply with the addition of the following special
provisions:
i.
Uses Permitted
a) a brewery accessory to a main use;
b) any use permitted in a CG Zone.
ii.
Notwithstanding the parking requirements of Section 21(a) (b) or (c),
the parking requirements for any area zoned CG-12 on Schedule "A"
for residential units shall be 0.33 per unit and there shall be not
parking requirements for non-residential land uses. All other parking
regulations shall apply.
iii.
The minimum height shall be 7 metres and the maximum height shall
be 18 metres.
h-3 CG-14 (305, 319 and 327 Dalhousie Street)
Notwithstanding any other provisions of this By-law to the contrary, within any
area zoned CG-14 on Schedule 'A' hereto, the requirements of Subsection 15
of this By-law shall apply with the exception of the following special provisions:
(i)
Height (Maximum)
16 m
190
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
(ii)
Parking Provision
Notwithstanding Section 3(21)(c) the minimum number of parking spaces
required shall be 75 with three barrier free parking spaces. Additional
parking may be required on the vacant lot on Ramsey Street.
(By-law 2019-044)
CG-15 (131 and 135 Sandwich Street South)
Notwithstanding any other provisions of this By-law to the contrary, within any
area zoned CG-15 on Schedule "A" hereto, the zone requirements of Section 15
of the By-law shall apply with the addition of the following special provisions:
i.
Uses Permitted;
(d) restaurant, drive-through;
(e) any use permitted in a CG Zone.
ii.
Front Yard Depth
Notwithstanding Section 3(26)(a),
the minimum front yard depth
required shall be 4.8 m.
iii.
Notwithstanding Section 3(16)(c), the dimensions of loading spaces
shall be 3.0 m by 10 m.
iv.
Notwithstanding Section 3(21)(c), the minimum number of parking
spaces required shall be 20.
(By-law 2022-069)
CG-16 (51 and 57 Sandwich Street South)
Notwithstanding any other provisions of this By-law to the contrary, within any
area zoned CG-16 on Schedule "A" hereto, the zone requirements of Section 15
of the By-law shall apply with the addition of the following special provisions:
i.
Uses Permitted;
(f) restaurant, drive-through;
(g) multiple dwelling;
(h) any use permitted in a CG Zone.
191
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
ii.
Rear Yard Depth (Minimum)
2 m
iii.
Height (Maximum)
14 m
iv.
Notwithstanding Section 3(12)(b), the planting strip on the south side
of the lands shall be 1.5 m in width.
v.
Notwithstanding Section 3(22)(b), an outdoor patio associated with a
restaurant shall be permitted on the lands adjoining a residential zone
class. All other provisions in Section 3(22) shall apply.
vi.
Notwithstanding Section 3(26)(f), the minimum setback of a drive-
through restaurant from a Residential Zone shall be 3 m.
(By-law 2022-071)
CG-17 (9540 Walker Road)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned CG-17 on Schedule "A" hereto, the zone requirements of
Section 15 of the By-law shall apply with the addition of the following special
provisions:
(i)
Notwithstanding Section 3(12)(b)(i) the planting strip along the north
property line shall be a minimum of 2.13 m.
(ii)
Notwithstanding Section 3(16)(e)(i) a loading space may be provided in the
front yard in the CG-17 Zone.
(iii)
Notwithstanding Section 3(23)(g) parking may be provided in the front yard
in the CG-17 Zone.
(iv)
Notwithstanding Section 3(26)(a) the required minimum setback from the
centerline of County Road 10 shall be 25.21 metres.
(By-law 2023-002)
CG-18 (256 Dalhousie Street)
Notwithstanding any other provisions of this By-law to the contrary, within any area
zoned as CG-18 on Schedule "A" hereto, the zone requirements of Section 15 of
the By-law shall apply with the addition of the following special provisions:
192
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
i. Rear Yard Depth Minimum
No minimum
ii. Height
The minimum height shall be 7 metres and the maximum height shall
be 18 metres.
iii. Parking Special Provision
Notwithstanding the parking requirements of Section 23 (a) (b) or (c),
the parking requirements for any area zoned CG-18 on Schedule "A"
for residential units shall be 0.33 per unit and there shall not be
parking requirements for non-residential land uses. All other parking
regulations shall apply."
(By-law 2023-051)
(s)
CG-19 (70 Murray Street)
Notwithstanding any other provisions of this By-law to the contrary within any area
zoned CG-19 on Schedule "A" hereto, the zone requirements for Section 15 of the
By-law shall apply with the addition of the follow special provisions;
i)
Notwithstanding the parking requirements of Sections 3(22)(f) and Section
3(23)(a)(b)(c), the parking requirements for any area zoned CG-19 on
Schedule "A" for residential units shall be 0.33 per unit and there shall be
no parking requirements for non-residential land uses. All other parking
regulations shall apply.
ii)
The minimum height shall be 2.4 metres and the maximum height shall be
18 metres.
iii)
Rear Yard Depth (Minimum)
1.2 m
iv)
Restricted Building Area- On the northwest corner of the parcel zoned CG-
19 a 1.5 m interior side yard setback is required extending from the rear
property line 2.7 m so that no structure may be built to impede a safe egress
from the existing door at 68 Murray Street as exists on the date of this by-
law.
193
SECTION 15
COMMERCIAL GENERAL (CG) ZONE
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
v)
The maximum capacity for an outdoor patio associated with a restaurant
shall be 86 occupants.
194
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 16 COMMERCIAL HIGHWAY (CH) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Commercial Highway (CH) Zones
except as otherwise provided in Schedule "A" hereto.
(2)
USES PERMITTED
No person shall within any CH Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following CH uses, namely:
(i)
animal hospital;
(ii)
assembly hall;
(iii)
automobile service station;
(iv)
automotive use;
(v)
bake shop;
(vi)
bulk sales establishment;
(vii)
business office;
(viii)
catalogue store;
(ix)
clinic;
(x)
drive-through facility; (By-law 2006-61)
(xi)
dry cleaning establishment or distribution station;
(xii)
duplicating shop;
(xiii)
dwelling unit accessory to a permitted CH Zone;
(xiv)
financial establishment;
(xv)
florist shop;
(xvi)
funeral home;
(xvii) furnishing store;
(xviii) home appliance store;
(xix)
home and auto supply store;
(xx)
home improvement store;
(xxi)
hotel or motel;
(xxii) liquor, beer and wine store;
(xxiii) medical/dental office;
(xxiv) nursery;
(xxv) office, professional;
(xxvi) office, service;
(xxvii) office supply outlet;
(xxviii) personal service establishment;
(xxix) place of worship;
(xxx) printing establishment;
(xxxi) public use;
(xxxii) recreational establishment;
(xxxiii) repair and rental establishment;
(xxxiv) restaurant;
(xxxv) restaurant, drive-through or fast-food;
195
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 16
COMMERCIAL HIGHWAY (CH) ZONE
(By-law 2006-61)
(xxxvi) retail store;
(xxxvii)
variety store;
(xxxviii) video rental establishment.
(3)
ZONE REQUIREMENTS
No person shall within any CH Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
Lot Area (Minimum)
(i)
automobile services station
or motor vehicle service establishment
(ii)
motels, hotels
plus an additional 45 m2 for each guest room
in excess of 4
(iii)
other
1100 m2
700 m2
No Minimum
(b)
Lot Frontage (Minimum)
(i)
automobile services station
or motor vehicle service establishment
(ii)
motels, hotels
(iii)
other
35 m
20 m
No Minimum
(c)
Front Yard Depth (Minimum)
(i)
automobile services station
or motor vehicle service establishment
(ii)
other uses
15 m
7 m
(d)
Interior Side Yard Width (Minimum)
provided that where the interior side lot line abuts a
Residential Zone, the minimum interior side yard
width shall be 10 m.
7 m
(e)
Exterior Side Yard Width (Minimum)
(i)
automobile services station
or motor vehicle service establishment
(ii)
other uses
15 m
7 m
(f)
Rear Yard Depth (Minimum)
7 m
196
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 16
COMMERCIAL HIGHWAY (CH) ZONE
provided that where the rear lot line abuts a
Residential Zone, the minimum rear yard depth shall
be10 m (By-law 2016-32)
(g)
Lot Coverage (Maximum)
(i)
automobile services station
or motor vehicle service establishment
(ii)
other uses
30%
50%
(h)
Landscaped Open Space (Maximum)
(i)
automobile services station
or motor vehicle service establishment
(ii)
other uses
5%
10%
(i)
Dwelling Unit Area (Minimum)
55 m2
(j)
Dwelling Units Per Lot (Maximum)
but not accessory to an automotive service station
or motor vehicle service establishment
1 only
(k)
Height (Maximum)
7.5 m
(l)
Accessory Uses, Parking, Home Occupation, etc. in accordance with
the provisions of Section 3 hereof.
(m)
Gross Leasable Floor Area (Maximum)
Retail stores not specifically listed
800 m2
(4)
SPECIAL PROVISIONS
a) CH-1 (RESTRICTED HIGHWAY COMMERCIAL)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated CH-1 on Schedule "A" hereto the following special provi-
sions shall apply:
Uses Permitted
1.
any use permitted in CH Zone with the exception of
automobile sales.
b) CH-2 (HOLD FOR FUTURE USE)
c) CH-3 (HOLD FOR FUTURE USE)
197
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 16
COMMERCIAL HIGHWAY (CH) ZONE
d) CH-4 (HOLD FOR FUTURE USE)
e) CH-5 (HOLD FOR FUTURE USE)
f) CH-6 (HOLD FOR FUTURE USE)
g) CH-7 (DEVELOPMENT LIMITATION)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated CH-7 on Schedule "A" hereto the following special provi-
sions shall apply:
Uses Permitted
No building or structure shall be permitted until such time as any
environmental concerns have been resolved to the satisfaction of the
Ministry of the Environment.
h) CH-8 (SHOPPING CENTRE)
Uses Permitted
1.
retail stores not restricted by Section 16(3)(m);
2.
a theatre;
3.
any use permitted in a CH Zone;
4.
art gallery;
5.
institutional use;
6.
laboratory;
7.
laundromat;
8.
commercial recreational establishment;
9.
place of entertainment.
Rear Yard Depth (minimum)
0 m
Interior Side Yard Depth (minimum)
0 m
Exterior Side Yard Depth (minimum)
0 m
Setback from Sandwich Street (minimum)
11.6 m
Planting Strip
A planting strip shall not be required adjacent to Pickering Street.
Loading Space Requirement
Loading space number and locations shall be determined at the time
of Site Plan Approval.
198
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 16
COMMERCIAL HIGHWAY (CH) ZONE
Length of Handicapped Parking
Handicapped parking spaces shall be a minimum of 5.5 metres in
length.
Location of Parking
Compound Zone
Parking may be located adjacent to a property line save and except
for Sandwich Street in which case the provisions of the By-law apply.
Notwithstanding the regulations of Section 3(15), 4(7)(a) or 4(7)(b)
to the contrary, lands zoned as "CH-8/RM2-4" on Schedule "A" to
this By-law shall only be used in accordance with one of the
permitted zones and the selected zone regulations shall apply.
Site Plan Agreement
Approval of the site plan shall be to Council's satisfaction and shall
include details on fencing, landscaping and building materials to be
used adjacent to the abutting apartment building and adjacent to
Pickering Street as well as all other matters contained in Section 41
of the Planning Act
All other appropriate regulation for the use of land and the
character, location and use of buildings and structures shall
conform to the regulations of Highway Commercial Zone and all
other general provisions or regulations of By-law 1999-52, as
amended, from time to time.
(By-law 2005-90)
i) CH-9 (HOLD FOR FUTURE USE)
j) CH-10 (HOLD FOR FUTURE USE)
k) CH-11 (SPECIALTY RETAIL FOOD STORE)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated CH-11 on Schedule "A" hereto the following special provi-
sion shall apply.
Uses Permitted
1.
Specialty retail food stores with a maximum combined gross
leaseable floor area not to exceed 140 square metres.
2.
Any use permitted in a CH Zone.
199
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 16
COMMERCIAL HIGHWAY (CH) ZONE
l) CH-12 (SPECIAL PROVISION- 380 SANDWICH ST. S. REDUCED
PARKING TO ALLOW OUTDOOR DISPLAY AND STORAGE)
The following special provisions shall apply to lands zoned (CH-12):
Notwithstanding Section 3(21)(c) the minimum number of parking spaces
required shall be 143.
All other provisions under Section 3 and Section 16, as amended from time
to time shall apply.
(By-law 2012-93)
m) CH-13 (365 Sandwich St. S., COMMERCIAL PLAZA)
Within any area zoned CH-13 on Schedule "A" hereto, the zone
requirements of Section 16 of the By-law shall apply with the exception of
the following:
i.
Interior Side Yard Width (Minimum)
6.1 m
ii.
Notwithstanding Section 3(21)(c) the minimum number of
parking spaces required shall be 114.
iii.
Uses Permitted
1. Food Store within the existing structure as of the date of
this by-law.
2. Any use permitted in a CH Zone.
iv.
Notwithstanding Section 3(22)(b) and Section 3(22)(f) one
outdoor patio shall be permitted accessory to the permitted
food store. No additional parking shall be required for the
accessory patio.
(By-law 2024-074)
All other provisions under Section 3 and Section 16, as amended from
time to time shall apply.
(By-law 2013-92)
n) CH-14 (433 Sandwich Street South)
Notwithstanding any other provisions of this By-law to the contrary including
Section 3(23), within any area zoned CH-14 on Schedule "A" hereto, the
zone requirements of Section 16 of the By-law shall apply with the exception
of the following:
200
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 16
COMMERCIAL HIGHWAY (CH) ZONE
i.
Interior Side Yard Width (Minimum)
0.2 m
provided that where the interior side lot line abuts a
Residential Zone, the minimum interior side yard/ rear yard
width shall be 7 m.
ii.
Height Maximum
7.5 m
(i)
within the front (west) 25 m of the Zone- 3 storeys to a
maximum of 14 m
(ii)
within the rear (east) 50 m of the Zone- 2 storeys to a
maximum of 12 m"
iii.
Front Yard Depth (Minimum) for other uses
0.9 m
iv.
Notwithstanding Section 3(23)(c) the minimum number of
parking spaces required shall be 107.
v.
Notwithstanding Section 3(26)(a) the minimum front yard
setback required shall be 0.9 metres."
(By-law 2023-001)
THAT all other appropriate regulations for the use of land and the character, location and
use of buildings and structures conforms to the regulations of the Commercial General
Zone, as applicable and all other general provisions or regulations of By-law 1999-52, as
amended from time to time.
(By-Law 2018-62)
o) CH-15 (527 Sandwich Street South)
i.
Notwithstanding Section 3(22)(b) and 3(22)(f) three outdoor patios
shall be permitted accessory to the three drive-through restaurants
as per Schedule B of the approved Site Plan Agreement dated
November 21, 2023. No additional parking shall be required for the
accessory patios.
(By-law 2024-033)
201
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 17 COMMERCIAL NEIGHBOURHOOD (CN) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Commercial Neighbourhood (CN)
Zones except as otherwise provided in the Special Provisions Subsection of this
Section.
(2)
USES PERMITTED
No person shall within any CN Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following CN uses, namely:
(i)
business office;
(ii)
day care;
(iii)
dry cleaner's distribution station;
(iv)
dwelling unit;
(v)
medical/dental office;
(vi)
personal service shop;
(vii)
professional office;
(viii)
public use;
(ix)
retail store;
(x)
convenience store;
(xi)
video rental establishment.
(3)
ZONE REQUIREMENTS
No person shall within any CN Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
Lot Area (Minimum)
No minimum
(b)
Lot Frontage (Minimum)
15 m
(c)
Front Yard Depth (Minimum)
7 m
(d)
Interior Side Yard Width (Minimum)
provided that where the interior side lot line abuts a
Residential Zone, the minimum interior side yard
width shall be 10 m
7 m
(e)
Exterior Side Yard Width (Minimum)
10 m
(f)
Rear Yard Depth (Minimum)
provided that where the rear lot line abuts a
Residential Zone, the minimum rear yard depth shall
be 10 m
7 m
202
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 17
COMMERCIAL NEIGHBOURHOOD (CN) ZONE
(g)
Lot Coverage (Maximum)
30%
(h)
Landscaped Open Space (Minimum)
20%
(i)
Dwelling Unit Area (Minimum)
55 m2
(j)
Gross Commercial Floor Area
Per Permitted Use (Maximum)
140 m2
(k)
Height (Maximum)
10 m
(l)
Accessory Uses, Parking, Home Occupation, etc. in accordance with
the provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
a) CN-1 (AUTOMOTIVE SERVICE STATION)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated CN-1 on Schedule "A" hereto the following special provi-
sions shall apply:
i.
Uses Permitted
1.
an automobile service station;
2.
any use permitted in CN Zone.
b) CN-2 (BICYCLE REPAIR AND SALES)
Notwithstanding any provisions of this By-law to the contrary, within any
designated CN-2 on Schedule "A" hereto the following special provisions
shall apply:
i.
Uses Permitted
1.
bicycle repair and sales;
2.
any use permitted in CN Zone.
c) CN-3 (WATER TOWER)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated CN-3 on Schedule "A" hereto the following special provi-
sions shall apply:
i.
Uses Permitted
1.
Uses permitted shall be restricted to a public water tower.
203
2.
Any use permitted in the CN Zone.
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 17
COMMERCIAL NEIGHBOURHOOD (CN) ZONE
d) CN-4 (RESTAURANT/TAVERN)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated CN-4 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Uses Permitted
1.
Uses permitted shall also include a restaurant and/or tavern
and marina as it exists on the date of passage of this By-law
in addition to the uses permitted in Section 17(2).
e) CN-5 (VIDEO SALES RENTAL & REPAIR)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated CN-5 on Schedule "A" hereto, the following special provi-
sions shall apply:
i.
Uses Permitted
1.
Uses permitted shall be restricted to a video sales, rental and
repair establishment, and accessory uses.
ii.
Zone Requirements
1.
Gross Floor Area
200 m²
f) CN-6 (TRUCK CAPS)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated CN-6 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Uses Permitted
1.
Uses permitted shall also include a manufacturing, assembly
and retail sale of truck caps, a contractor's shop and an
automobile repair shop in addition to the uses permitted in
Section 17(2).
g) CN-7 (MOTEL)
Notwithstanding any provisions of this By-law to the contrary, any area
zoned CN-7 on Schedule "A" hereto, the following special provisions shall
apply:
i.
Uses Permitted
1.
Motel;
204
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 17
COMMERCIAL NEIGHBOURHOOD (CN) ZONE
h) CN-8 (CAR WASH)
Notwithstanding any provisions of this By-law to the contrary, any area
zoned CN-8 on Schedule "A" hereto, the following special provisions shall
apply:
i.
Uses Permitted
1.
Car wash;
2.
Garden and landscaping centre;
3.
Any use permitted in the CN Zone.
i) CN-9
Notwithstanding any provisions of this By-law to the contrary, within any
area zoned CN-9 on Schedule "A" hereto, the following special provisions
shall apply:
i.
Uses Permitted
1.
Hardware Store;
2.
Home Improvement Store;
3.
Any Use Permitted in the CN Zone.
4.
Studio
ii.
Regulations
1.
There shall be no outside storage;
(By-law 2023-042)
j) CN-10
2.
Permitted uses shall be within the existing structure;
3.
Commercial Gross Floor Area may exceed the 140 square
metres per use restriction of Section 17(3)(j).
(By-law 2003-90)
Notwithstanding the provisions of this By-law to the contrary, within any
area zoned CN-10 on Schedule "A" hereto, the following special provisions
shall apply:
i.
Uses Permitted
1.
Fitness Centre
2.
Caterer's Establishment (By-Law 2019-066)
3.
Any use permitted in the CN Zone.
205
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 17
COMMERCIAL NEIGHBOURHOOD (CN) ZONE
k) CN-11
ii.
Regulation
1.
Commercial Gross Floor Area may exceed the 140 square
meters per use restriction of Section 17(3)(j) for the fitness
centre. All other regulations of the By-law apply.
(By-law 2012-25)
Notwithstanding the provisions of this By-law to the contrary, within any
area zoned CN-11 on Schedule "A" hereto, the following special provisions
shall apply:
i.
Uses Permitted
1.
Place of worship
2.
Any use permitted in the CN Zone.
ii.
Regulation
1.
Gross Floor Area may exceed the 140 square meters per use
restriction of Section 17(3)(j) for the place of worship. All other
regulations of the By-law apply.
l) CN-12
(By-law 2013-59)
Notwithstanding the provisions of this By-law to the contrary, within any
area zoned CN-12 on Schedule "A" hereto, the following special provisions
shall apply:
(i) Commercial Gross Floor Area
558 m2
Per Permitted Use (Maximum)
(ii)
Interior Side Yard Width (Minimum) to north property line
1.5 m
(iii)
Notwithstanding Section 3(16)(d) the required loading spaces may be
supplied on the abutting lot provided a Site Plan Agreement, easement and
reciprocal use agreement is registered on title of the lands used for loading
space committing said loading space to the related commercial site.
(By-law 2023-004)
All other regulations of the By-law apply.
(By-law 2016-59)
206
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 17
COMMERCIAL NEIGHBOURHOOD (CN) ZONE
m) CN-13
Notwithstanding any other provisions of this by-law to the contrary, within
any area zoned CN-13 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Uses permitted:
1. An automobile service station;
2. A miniature golf course;
3. Any use permitted in the CN Zone.
(By-law 2017-11)
n) CN-14
i.
Uses Permitted
1. A maximum of six (6) dwelling units restricted to above the first
floor;
2. Any use permitted in the CN Zone.
ii.
Dwelling Unit Area (Minimum)
55
m2
iii.
Commercial Gross Floor Area Per Permitted Use (Maximum) 558
m2
iv.
Notwithstanding Section 3(23)(i)(i) and Section 3(23)(i)(viii) the
maximum width for a two-way driveway shall not exceed 11 m in
total width inclusive of any curb, landscaped open space or any
other obstruction.
(By-law 2023-004)
207
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 18 RESORT RESIDENTIAL/ RESORT COMMERCIAL (RR/RC) ZONE
(1)
SCOPE
The provisions of this Section should apply in all Resort Residential/Resort
Commercial (RR/RC) Zones except as otherwise provided in the Special
Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within any RR/RC Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following RR/RC
uses, namely:
Resort Residential Uses
i.
single unit dwellings;
ii.
two unit dwellings;
iii.
multiple unit dwellings;
iv.
one home occupation per dwelling unit;
v.
accessory uses.
Resort Commercial Uses
i.
parks;
ii.
golf courses;
iii.
marinas;
iv.
hotels and motels;
v.
restaurants, taverns, snack bars and retail stores;
vi.
other public or private commercial recreational facilities as
defined herein;
vii.
uses accessory to the foregoing uses.
(3)
ZONE REQUIREMENTS
All development within the RR/RC Zone shall be in accordance with the associated
development and site plan agreements, except that no building or structure shall
be permitted within 50 feet of lands zoned R1A-4 of this By-law.
Holding (h) Provisions
In those areas zoned RR/RC(h), the (h) symbol may be removed at such
time as development and site plan agreements are in place and servicing is
provided to the satisfaction of the Town.
(4)
SPECIAL PROVISIONS
Within any area designated RR/RC and h-RR/RC the following
provisions apply:
208
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 18
RESORT RESIDENTIAL/RESORT COMMERCIAL (RR/RC) ZONE
Development within 150 metres of the eastern
shoreline of the island will be limited in height to 6
storeys. Multi Family Development elsewhere on the
island will be limited to 10 storeys.
Commercial Recreation Establishment means a place
designed and equipped for the conduct of sports,
leisure time activities and other recreational activities.
Such establishment may include facilities where
entertainment may be offered for gain or profit such as
places of entertainment defined herein, arcades,
gaming establishment, miniature golf courses and all
other similar places of amusement, sport or
entertainment.
(By-law 2007-64)
209
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 19 RECREATION (RE) ZONE
(1)
SCOPE
The provision of this Section shall apply in all Recreation (RE) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within the RE Zone use any lot or erect, alter or use any building
or structure for any purposes except one or more of the following RE uses, namely:
(i)
campground licensed by the municipality, including a trailer camp, in
accordance with Subsection 19(3)(h);
(ii)
conservation area;
(iii)
golf course;
(iv)
a marina;
(v)
golf driving range;
(vi)
public and private parks, including playgrounds, picnic facilities, sports
fields, a bowling green and tennis courts;
(vii)
a public parking area;
(viii)
a recreation or community centre;
(ix)
meeting house, clubhouse or fraternal hall;
(x)
accessory uses.
(3)
ZONE REQUIREMENTS
No person shall within any RE Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions.
(a)
Lot Area (Minimum)
2000 m²
(b)
Lot Frontage (Minimum)
30 m
(c)
Lot Coverage (Maximum)
40%
(d)
Front Yard Depth (Minimum)
15 m
(e)
Rear Yard Depth (Minimum)
15 m
(f)
Interior Side Yard Width (Minimum)
15 m
(g)
Exterior Side Yard Width (Minimum)
10 m
210
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 19
RECREATION (RE) ZONE
(h)
Trailer Camps
Notwithstanding any previous provisions of this By-law,
where a lot is used for a trailer camp, the following
regulations apply:
(i)
Lot Area (Minimum)
(ii)
Lot Frontage (Minimum)
1 ha
60 m
(i)
Outside storage
(i)
Any outside storage shall comply with yard, setback and coverage
requirements of this Section;
(ii)
Any areas used for permitted outside storage shall be in addition to
and separate from such areas as may be required by the By-law for
the provision of off-street parking and loading spaces.
(4)
SPECIAL PROVISIONS
The general regulations contained in the Subsection shall apply to the area or
areas defined below:
a) RE-1 (HOLD FOR FUTURE USE)
b) RE-2
c) RE-3
d) RE-4
i. Uses Permitted
- a parking lot and boat launch/docking for Bois Blanc Island.
i. Uses Permitted
- uses permitted shall be restricted to a gun club only together with
existing buildings and structures.
i.
Uses Permitted
- a neighbourhood park including walking paths, baseball diamonds,
play equipment, basketball courts, benches, picnic areas, and
accessory uses.
ii.
Lot and Building Requirements
All lot requirements shall be as they existed on the date of passing
of this By-law. No part of any building or structure shall be erected
211
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 19
RECREATION (RE) ZONE
e) RE-5
closer than 30 feet to any lot line, and closer than 12.0 metres feet to
the westerly lot line. In addition, the placing of any tables, benches
and play equipment shall be prohibited within 12.0 metres feet of the
westerly lot line.
The parking of vehicles will be prohibited, except that two parking
spaces will be permitted for vehicles of handicapped people at
McLeod Avenue.
Notwithstanding any other provision of this By-law to the contrary, within
any area zoned RE-5 on Schedule 'A' hereto, the following special
provisions shall apply:
i.
Uses Permitted
1.
An 18 hole golf course;
2.
An existing single detached dwelling.
ii.
Other Provisions
(a)
a minimum setback for buildings and structures of 200 metres
shall be required from the lot lines of the existing Girl Guide of
Canada camp;
(b)
a minimum setback for buildings and structures of 200 metres
shall be required from existing dwelling units on adjacent
properties;
(c)
site plan approval shall be required to address matters relating
to the layout and design of the golf course, the location of
buildings and structures and providing adequate servicing,
including the preparation of a drainage study by a qualified
hydrologist demonstrating that: (1) there will be no impact on
the drainage of adjacent properties; and (2) there will be no
run-off from the golf course lands onto adjoining properties or
into the drain along Howard Avenue; and (3) the soil
composition/profile and geology of the site will allow for the
accumulation of water on the site and will prevent the
infiltration of pesticides and fertilizers below the water table;
and (4) water accumulated in the proposed ponds will be
sufficient to serve as the sole water supply for the irrigation of
the golf course.
(By-law 2004-54)
212
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 19
RECREATION (RE) ZONE
f) RE-6
i.
Uses Permitted
1.
Recreation limited to trails and walking paths
2.
Works of the Conservation Authority
ii.
No buildings or structures are permitted unless for flood control
and/or in accordance with the regulations of the Conservation
Authority.
g) RE-7
(By-law 2007-64)
Notwithstanding any provision of this By-law to the contrary, within any
areas zoned RE-7 the following special provisions apply:
i.
Uses Permitted
Uses restricted to a marina and related activities including a snack
bar and gas bar.
ii.
Regulation
Notwithstanding Section 3(2) development is permitted without direct
frontage on a public street. All other regulations of the By-law apply.
Building Height shall be restricted to 8 metres.
(By-law 2010-03)
213
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 20 LIGHT INDUSTRIAL (LI) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Light Industrial (LI) Zones except
as otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within any LI Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following LI uses, namely:
(i)
agricultural service establishment;
(ii)
agricultural supply establishment;
(iii)
animal hospital
(iv)
assembly hall;
(v)
auction establishment;
(vi)
body shop;
(vii)
building or contracting establishment;
(viii)
building supply outlet;
(ix)
bulk beverage establishment;
(x)
bulk sales establishment;
(xi)
commercial recreational establishment;
(xii)
commercial storage unit;
(xiii)
data processing establishment;
(xiv)
dry cleaning and laundry plant;
(xv)
duplicating shop;
(xvi)
electrical and electronic products industry;
(xvii) fitness club;
(xviii) food processing plan;
(xix)
industrial and agricultural equipment sales and service industry;
(xx)
licenced cannabis production facility (2019-075)
(xxi)
manufacturing and assembly industry;
(xxii) nursery and garden store;
(xxiii) office;
(xxiv) office, business;
(xxv) office, support;
(xxvi) pharmaceutical and medical products industry;
(xxvii) printing reproduction and data processing industry;
(xxviii) printing establishment;
(xxix) processed goods industry;
(xxx) public use;
(xxxi) repair and rental establishment;
(xxxii) research and development establishment;
(xxxiii) service and repair establishment;
(xxxiv) service shop;
(xxxv) warehousing.
214
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 20
LIGHT INDUSTRIAL (LI) ZONE
(3)
ZONE REQUIREMENTS
No person shall within any LI Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
Lot Area (Minimum)
1100 m²
Lot Frontage (Minimum)
30 m
Required Yards (Minimum)
Lots Abutting
Industrial
Zone
Lots Abutting
Any Other Zone
(i)
Front Yard Depth
9 m
18 m
(ii)
Exterior Side Yard Width
9 m
18 m
(iii)
Interior Side Yard Width
3 m
15 m
(iv) Rear Yard Depth
provided that no interior side
yard or rear yard is required
along any portion of a lot line
which abuts a railroad right-of-
way
8 m
15 m
Landscaped Open Space (Minimum)
10%
Lot Coverage (Maximum)
60%
Height of Building (Maximum)
provided that if any other portion of any building is
erected above a height of 12 m, the required side
yard dimensions shall be increased by 1 m for each 1
m by which such portion of the building exceeds 12
m.
12 m
Use of Front and Exterior Side Yard
Required front and exterior side yards shall be kept open and unobstructed
by any structure or parking area for motor vehicles, except for visitor parking
areas.
Open Storage
No open storage of goods or materials shall be permitted except in
accordance with the following provisions:
215
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 20
LIGHT INDUSTRIAL (LI) ZONE
Such open storage is accessory to the use
of the main building on the lot;
Such open storage complies with the yard
and setback requirements of this Section;
Such open storage does not cover more
than 35 percent of the lot area nor exceed
twice the ground floor area of the main
building on the lot;
Any portion of the area used for open
storage, is concealed from view from the
street by a fence or wall;
Such open storage shall be located only to
the rear of the main building and shall not
be located in the front or exterior side yard.
Noxious Trade
No use shall be permitted which from its nature or the materials used therein
is declared to be a noxious trade, business or manufacture under the Public
Health Act or regulations thereunder.
Accessory Uses, Parking, Home Occupation, etc. in accordance with the
provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
a) LI-1
Notwithstanding any provisions of this By-law to the contrary, within any
area designated LI-1 on Schedule "A" hereto, the following special provi-
sions shall apply:
Uses Permitted
1.
any use permitted in an LI Zone except retail sales of fuel oil,
gas, or grain.
b) LI-2 (CHEMICAL PLANT)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated LI-2 on Schedule "A" hereto, the following special provi-
sions shall apply:
Uses Permitted
216
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 20
LIGHT INDUSTRIAL (LI) ZONE
1.
any use permitted in an LI Zone;
2.
a chemical plan/processed goods industries;
3.
a precipitating and/or cracking tower.
c) LI-3 (BUS STORAGE)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated LI-3 on Schedule "A" hereto, the following special provi-
sions shall apply:
Uses Permitted
1.
any use permitted in an LI Zone;
2.
bus storage depot.
d) LI-4 (RADIO TOWER AND EXTRACTION)
i.
Uses Permitted
1.
Uses permitted are restricted to ratio towers and exploration
and extraction of oil and other similar materials with building
and structures restricted to those existing at the date of
passage of this By-law.
e) LI-5 (STOCKPILING)
Notwithstanding any provisions of this By-law to the contrary, within any
area zoned LI-5 on Schedule "A", no buildings may be erected and uses
permitted shall be restricted to stockpiling and accessory uses such as
conveyor belts.
f) LI-6
i.
Uses Permitted
1.
The uses permitted are restricted to the manufacturing and
wholesale of fishing tackle.
ii.
Zone Requirements
2.
Notwithstanding any provisions of this By-law to the contrary,
within any area zoned L1-6 on Schedule "A" hereto, the zone
requirements of Section 20(3) of the By-law shall apply with
the exception of the following:
a.
Interior Side Yard Width
3.66 m
b.
Rear Yard Depth
6.096 m
217
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 20
LIGHT INDUSTRIAL (LI) ZONE
g) LI-7
i.
Uses Permitted
(By-law 2000-22)
A Transport Terminal and Vehicle Repair Shop, in addition to the
other uses permitted by Subsection 20(2) of this By-law.
ii.
Zone Requirements
A minimum easterly yard depth of 91 metres (300 feet) shall be
required abutting the street line of Concession Road 8 North and
shall be maintained as landscaped open space.
h) LI-8
(By-law 2006-79)
Notwithstanding the provisions of this By-law to the contrary, within any area
zoned LI-8 on Schedule "A" hereto, the following special provisions shall
apply:
i.
Uses Permitted
1.
Transport Terminal
2.
Any use permitted in the LI Zone
(By-law 2013-67)
i) LI-9 (864 Alma Street)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned LI-9 on Schedule "A" hereto, the zone requirements of
Section 20 of the By-law shall apply with the addition of the following special
provisions:
i.
Uses Permitted:
Impounding Yard;
Any use permitted in the LI Zone.
(By-Law 2018-109)
218
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 21 SPECIAL INDUSTRIAL (SI) ZONE
(1)
SCOPE
The provisions of this Section shall apply to all Special Industrial (SI) Zones except
as otherwise provided in the Special Provision Subsection of this Section.
(2)
USES PERMITTED
No person shall within the SI Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following SI uses, namely:
(i)
any use permitted in the LI Zone;
(ii)
funeral home;
(iii)
hardware store;
(iv)
home and auto supply store;
(v)
home appliance store;
(vi)
home decorating store;
(vii)
home furnishing store;
(viii)
home improvement store;
(ix)
medical/dental office;
(x)
offices;
(xi)
a dwelling unit accessory to a permitted use.
(3)
ZONE REQUIREMENTS
No person shall within any SI Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a) Lot Area (Minimum)
1100 m²
(b) Lot Frontage (Minimum)
30 m
(c) Required Yards (Minimum)
Lots Abutting
Industrial
Zone
Lots Abutting
Any Other Zone
(i)
Front Yard Depth
9 m
18 m
(ii)
Exterior Side Yard Width
9 m
18 m
(iii)
Interior Side Yard Width
3 m
15 m
(iv) Rear Yard Depth
provided that no interior side
yard or rear yard is required
along any portion of a lot line
8 m
15 m
219
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 21
SPECIAL INDUSTRIAL (SI) ZONE
which abuts a railroad right-of-
way
(d) Landscaped Open Space (Minimum)
10%
(e) Lot Coverage (Maximum)
60%
(f) Height of Building (Maximum)
provided that if any other portion of any building is
erected above a height of 12 m, the required side yard
dimensions shall be increased by 1 m for each 1 m by
which such portion of the building exceeds 12 m.
12 m
(g) Use of Front and Exterior Side Yard
Required front and exterior side yards shall be kept open and unobstructed
by any structure or parking area for motor vehicles, except for visitor parking
areas.
(h) Open Storage
No open storage of goods or materials shall be permitted except in
accordance with the following provisions:
such open storage is accessory to the use
of the main building on the lot;
such open storage complies with the yard
and setback requirements of this Section;
such open storage does not cover more
than 35 percent of the lot area nor exceed
twice the ground floor area of the main
building on the lot;
any portion of the area used for open
storage, is concealed from view from the
street by a fence or wall;
such open storage shall be located only to
the rear of the main building and shall not
be located in the front or exterior side yard.
220
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 21
SPECIAL INDUSTRIAL (SI) ZONE
(i) Noxious Trade
No use shall be permitted which from its nature or the materials used therein
is declared to be a noxious trade, business or manufacture under the Public
Health Act or regulations thereunder.
(j) Accessory Uses, Parking, Home Occupation, etc. in accordance with the
provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
The special regulations contained in this Subsection shall apply to the area or
areas defined below.
a) SI-1 (Car Wash)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated SI-1 on Schedule "A" hereto the following special
provisions shall apply:
i.
Uses Permitted
1.
Car Wash
2.
Any use permitted in an S1 Zone.
ii.
Zone Requirements
1.
The orientation of the openings to the car wash bays will not
be permitted to front on Alma Street.
(By-law 2003-34)
b) T-SI-2 (Temporary Open Storage)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated T-SI-2 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Permitted Uses
1. Temporary open storage will be permitted on the property prior to
the main use,
2. Any use permitted in an SI Zone.
ii. Zone Provisions
-
Relief from the yard, lot coverage and setback requirements of the SI
Zone will be permitted.
-
Relief from the requirement to conceal the open storage from view
from the street by a fence or wall will be permitted.
221
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 21
SPECIAL INDUSTRIAL (SI) ZONE
All lot and building requirements for the permitted use and for the uses
permitted in Subsection 21(4)(b) of this By-law shall be in accordance
with 21(3) and 21(4) of this By-law.
iii.
Zone Requirements for the setbacks of the temporary open
storage
1. A minimum easterly depth of 115 metres
2. A minimum southerly depth of 60 metres (from Alma Street);
3. A northerly depth of 118 metres and;
4. A westerly depth of 12 metres.
iv.
Temporary (T) Zone
The zone symbol on Schedule "A" is preceded by a "T" which stands
for a Temporary Zone as permitted under Section 39 of the Planning
Act. When the date of expiry specified in subclause (iv) below is
reached, an if no extension has been granted by Council, the zoning
of the land shall revert to the base "SI" Zone and the use permitted
by the Temporary Zone that is not permitted by the base "SI" Zone
shall be removed.
v.
Expiry
The Permitted Uses and Zone Provisions of the T-SI-2 Zone shall
expire on August 21, 2020.
(By-law 2017-51)
(c)
SI-3 (25 Renaud Street)
Notwithstanding any other provisions of this By-law to the contrary within any area
zoned SI-3 on Schedule "A" hereto, the zone requirements for Section 21 of the
By-law shall apply with the addition of the follow special provisions;
(i) Shipping Containers
The maximum number of shipping containers on any property zoned SI-
3 shall be limited to fifty (50) unless the shipping containers are used in
transportation of goods and materials in which case no maximum shall
apply.
222
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 21
SPECIAL INDUSTRIAL (SI) ZONE
(ii) Surface and Drainage of Parking Areas and Driveways
Parking areas and driveways located on Part 2, 12R-29534 shall be
provided and maintained with a stable surface treated so as to prevent
the raising of dust or loose particles, using surfacing materials as any
asphalt, concrete or other hard-surfaced material, crushed stone or
gravel.
By-law 2024-008
223
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 22 HEAVY INDUSTRIAL (HI) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Heavy Industrial (HI) Zones except
as otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within any HI Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following HI uses, namely:
(i)
agricultural service establishment;
(ii)
agricultural supply establishment;
(iii)
animal hospital
(iv)
assembly plant;
(v)
auction establishment;
(vi)
body shop;
(vii)
building supply yard;
(viii)b
ulk sales establishment; chemical plant;
(ix)
chemical plant;
(x)
commercial storage unit;
(xi)
commercial garage;
(xii)
contractor's yard;
(xiii)d
ata processing establishment; dry cleaning and laundry plant;
(xiv)
dry cleaning and laundry plant;
(xv)
electrical and electronic products industry;
(xvi)
existing waste settling ponds;
(xvii) industrial and agricultural equipment sales and service;
(xviii) impounding yard;
(xix)
licenced cannabis production facility (2019-075)
(xx)
manufacturing and assembly industry;
(xxi)
municipal or provincial garage or storage yard;
(xxii) nursery and garden store;
(xxiii) office, support;
(xxiv) open storage use of goods or materials if accessory to a permitted use;
(xxv) parking lot;
(xxvi) pharmaceutical and medical products industry;
(xxvii) printing plant;
(xxviii) printing reproduction and data processing industry;
(xxix) processed goods industry;
(xxx) propane transfer facility;
(xxxi) repair and rental establishment;
(xxxii) research and development establishment;
(xxxiii) service and repair establishment;
(xxxiv) service shop;
(xxxv) transport terminal;
224
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 22
HEAVY INDUSTRIAL (HI) ZONE
(xxxvi)
vehicle repair garage;
(xxxvii)
warehousing;
(xxxviii)
wholesale establishment.
(3)
ZONE REQUIREMENTS
No person shall within any HI Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
Lot Area (Minimum)
1100 m²
(b)
Lot Frontage (Minimum)
30 m
(c)
Required Yards (Minimum)
Lots Abutting
Industrial
Zone
Lots Abutting
Any Other Zone
(i)
Front Yard Depth
9 m
18 m
(ii)
Exterior Side Yard Width
9 m
18 m
(iii)
Interior Side Yard Width
3 m
15 m
(iv) Rear Yard Depth
provided that no interior side
yard or rear yard is required
along any portion of a lot line
which abuts a railroad right-of-
way
8 m
15 m
(d)
Landscaped Open Space (Minimum)
10%
(e)
Lot Coverage (Maximum)
60%
(f)
Height of Building (Maximum)
15 m
with any minimum side yard, if any other portion of any
building is erected above a height of 15 m, the required
side yard dimensions shall be increased by 1 m for each
1 m by which such portion of the building exceeds 15 m.
(By-Law 2018-88)
15 m
Open Storage
Any part of any lot used for a permitted open storage shall be fenced.
225
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 22
HEAVY INDUSTRIAL (HI) ZONE
Accessory Uses, Parking, Home Occupation, etc. in accordance with the
provisions of Section 3 hereof.
(4)
SPECIAL PROVISIONS
a) HI-1
b) HI-2
Notwithstanding any provisions of this By-law to the contrary, within any
areas designated HI-1 on Schedule "A" hereto, the following special provi-
sions shall apply:
i.
Uses Permitted
1.
feed and flour mill;
2.
feed storage and supply yard;
3.
grain elevator;
4.
lumber mill yard;
5.
paper and allied products industry;
6.
storage depot;
7.
transport terminal;
8.
any use permitted in an HI Zone.
Notwithstanding any provisions of this By-law to the contrary, within any
areas zoned HI-2 on Schedule "A" hereto, the following special provisions
shall apply:
i.
Uses Permitted
Any use permitted in the HI Zone OR a solar energy system and
associated accessory uses
ii.
Zone requirements
i.
All lot requirements shall be as existing for the HI Zone on the
date of passing of this By-law.
ii.
No part of any building, structure, or solar panel shall be
erected closer than 10 metres to any lot line.
iii.
No solar panel or tracking equipment shall exceed 5 metres
in height.
c) HI-3
(By-law 2008-57)
Notwithstanding any provision of this By-law to the contrary, within any
areas zoned HI-3 the following special provisions apply:
226
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 22
HEAVY INDUSTRIAL (HI) ZONE
i.
Uses Permitted
For the lands located to the west of Concession 3 North known as
the Soda Ash Settling Bed, the uses permitted shall be restricted to
passive opens space uses and any use necessary in the
rehabilitation of the site in accordance with the requirements of the
Ministry of the Environment.
For all other lands within the HI-3 Zone the uses permitted in the HI
Zone are allowed subject to added zone requirements as provided
below.
Required Yards (Minimum) Abutting any Non Industrial Zone shall
be 50 metres.
Landscaped Opens Space abutting Sandwich Street shall be
required and no open storage shall be permitted and no access shall
be permitted to Brunner Ave.
d) HI-4
(By-law 2010-03)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated HI-4 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Uses Permitted Restricted To
1.
Waste disposal site restricted to a processing and transfer
facility for non-hazardous solid construction and demolition
waste and scrap metal shells of automobiles;
2.
A weight station;
3.
Offices for the permitted uses within the existing former
dwelling unit.
ii.
Zone Requirements
1.
For a waste disposal site for the processing and transfer of
construction and demolition waste and scrap metal shells of
automobiles, the front yard setback shall be 300 metres and
the interior and rear yard setback shall be 15 metres.
2.
No open storage shall occur within the required setbacks.
3.
The weigh station shall be permitted within the required front
yard.
4.
The office for the permitted uses shall be permitted within the
existing dwelling unit located within the required front yard.
5.
All other provisions of the HI zone shall apply.
227
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 22
HEAVY INDUSTRIAL (HI) ZONE
(By-law 2012-71)
e) HI-5
Notwithstanding any provisions of this By-law to the contrary, within any
area designated HI-5 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Uses Permitted
1.
Any use permitted in an HI Zone and the stockpiling of clean
clay, clean top soil and granular material as an accessory use
to a contractor's yard.
2.
Batching plant, asphalt
3.
Batching plant, concrete
ii.
Zone Requirements
1.
All stockpiling shall be restricted to an area established by a
sight line calculated from the observation point of the
centreline of both Howard Avenue and North Sideroad. The
angle of the sight line shall be 25 degrees. No stockpiling shall
occur above the sight line and in no case shall stockpiling
exceed 12 metres.
2.
For a contractor's yard with accessory stockpiling, the front
yard depth, rear yard depth, exterior side yard width and
interior side yard width shall be 9 metres.
3.
No stockpiling or open storage shall occur within the required
setbacks.
4.
All other provisions of the HI Zone shall apply.
(By-law 2012-96)
f) HI-6 (7781 Howard Ave)
Notwithstanding any provisions of this By-law to the contrary, within any
area zoned HI-6 on Schedule "A" hereto, the following special provisions
shall apply:
i.
Uses Permitted
1.
Any use permitted in an HI Zone;
2.
A micro-distillery;
3.
A facility for the manufacture of beverage alcohol including a
brewery as licensed by the Alcohol and Gaming Commission
of Ontario, in combination therewith a retail store and a tasting
228
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 22
HEAVY INDUSTRIAL (HI) ZONE
room for the sale of the beverage alcohol produced on the
same lot.
(By-law 2014-113)
(By-law 2016-104)
g) T-HI-7 (Temporary Waste Disposal Site)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated T-HI-7 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Permitted Uses
1.
Waste disposal site restricted to processing and a facility for
non-hazardous solid construction and demolition waste;
2.
Any use permitted in an HI Zone;
ii.
Zone Provisions
The permitted waste disposal and concrete crushing activity shall be
restricted to removal of the existing piles on the site. All lot and
building requirements for the permitted use and for the uses
permitted in Subsection 22(4)(d) of this By-law shall be in
accordance with 22(3) and 22(4)(d) of this By-law.
iii.
Temporary (T) Zone
The zone symbol on Schedule "A" is preceded by a "T" which stands
for a Temporary Zone as permitted under Section 39 of the Planning
Act. When the date of expiry specified in subclause (iv) below is
reached, and if no extension has been granted by Council, the zoning
of the land shall revert to the base "HI" Zone and the use permitted
by the Temporary Zone that is not permitted by the base "HI" Zone
shall be removed.
iv.
Expiry
The Permitted Uses and Zone Provisions of the T-HI-7 Zone shall
expire on December 31, 2015.
(By-law 2015-42)
h) HI-8 (Anderdon Conc 7 Pt Lot 14 12R27356 Parts 2 to 4)
i.
Uses Permitted
1. Transport truck parking lot"
229
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 22
HEAVY INDUSTRIAL (HI) ZONE
(By-Law 2019-076)
230
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 23 EXTRACTIVE INDUSTRIAL (EI) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Extractive Industrial (EI) Zones
except as otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within any EI Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following EI uses, namely:
(i)
aggregate storage area;
(ii)
crushing plant;
(iii)
office;
(iv)
sand or gravel pit;
(v)
stone quarry.
(3)
ZONE REQUIREMENTS
No person shall within any EI Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
Lot Area (Minimum)
1100 m2
Lot Frontage (Minimum)
Required Yards (Minimum)
Front Yard Depth
Exterior Side Yard
Width
Interior Side Yard
Width
30 m2
18 m
18 m
15 m
15 m
Rear Yard Depth
Landscaped Open Space
(Minimum)
10%
Open Storage
Any part of any lot used for a permitted open storage shall be fenced.
Accessory Uses, Parking, Home Occupation, etc. in accordance with the provisions of Section 3 hereof.
Accessory Uses, Parking, Home Occupation, etc. in accordance with the provisions of Section 3 hereof.
231
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 23
EXTRACTIVE INDUSTRIAL (EI) ZONE
(4)
SPECIAL PROVISIONS
EI-1 (EXTRACTION)
Notwithstanding any provisions of this By-law to the contrary, no land within
any area designated EI-1 on Schedule "A" hereto shall be used for a stone
quarry, blasting, extraction or excavation. Uses permitted shall be limited to
agriculture, conservation, and existing uses.
EI-2 (BRINE EXTRACTION)
Notwithstanding any provisions of this By-law to the contrary, uses
permitted to shall be limited to facilities for the extraction of brine and use
accessory to the extraction of brine. Agricultural uses are also permitted.
EI-3 (Solar Energy System)
Notwithstanding any provisions of this By-law to the contrary within any
areas zoned EI-3 on Schedule "A" the following special provisions shall
apply:
i.
Uses Permitted
1.
Brine Extraction;
2.
A Solar Energy System and associated accessory uses.
ii.
Zone Requirements
1.
All lot requirements shall be as existing for the EI Zone on the
date of passing of this By-law.
2.
No part of any building, structure, or solar panel shall be
erected closer than 10 metres to any lot line.
3.
No solar panel or tracking equipment shall exceed 5 metres in
height.
4.
Notwithstanding Subsection ii above, no part of any building,
structure or solar panel or tracking equipment shall be located
within 24 metres of a Wetland Zone.
5.
Notwithstanding Subsection 3(24) of the By-law, no part of
any building or structure or solar panel or tracking equipment
shall be located within a sight triangle create by a setback of
91 metres measured along the property line abutting Essex
Terminal Railway and 110 metres measured along Northside
Road."
(By-law 2008-55 & 2008-56)
232
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 23
EXTRACTIVE INDUSTRIAL (EI) ZONE
EI-4
Notwithstanding any other provisions of this by-law to the contrary, within
any area zoned EI-4 on Schedule "A" hereto, the requirements of Section
23 of this By-law shall apply with the exception of the following special
provisions:
i.
Uses Permitted
1.
Any use permitted in an EI Zone.
2.
An asphalt plant.
ii.
Zone Requirements for an asphalt plant and accessory buildings
associated with the asphalt plant.
1.
A minimum easterly depth of 100 metres (from County Road
9);
2.
a minimum southerly depth of 300 metres;
3.
a northerly depth of 500 metres; and
4.
a westerly depth of 800 metres.
All other provisions of the EI Zone shall apply.
(By-law 2016-45)
233
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 24
INSTITUTIONAL (I) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Institutional (I) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within any I Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following I uses, namely:
(i)
cemeteries;
(ii)
colleges;
(iii)
day nurseries;
(iv)
government buildings;
(v)
hospitals;
(vi)
marina;
(vii)
manse;
(viii)
museums;
(ix)
nursing home;
(x)
parks;
(xi)
places of worship;
(xii)
recreational facilities owned and operated by a public authority;
(xiii)
schools.
(3)
ZONE REQUIREMENTS
No person shall within any I Zone, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
Lot Area (Minimum)
No minimum
(b)
Lot Frontage (Minimum)
No minimum
(c)
Front Yard Depth (Minimum)
15 m
(d)
Interior Side Yard Width (Minimum)
10 m
(e)
Exterior Side Yard Width (Minimum)
15 m
(f)
Rear Yard Depth (Minimum)
10 m
(g)
Lot Coverage (Maximum)
50%
(h)
Landscaped Open Space (Minimum)
30%
(i)
Height of Building (Maximum)
10m
234
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 24
INSTITUTIONAL (I) ZONE
(j)
Accessory Uses, Parking etc. in accordance with the provisions of Section
3 hereof.
(4)
SPECIAL PROVISIONS
I-1 (TREATMENT PLANT/GARAGE)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated I-1 on Schedule "A" hereto the following special provisions
shall apply:
i.
Uses Permitted
1.
a sewage treatment facilities;
2.
a municipal garage;
3.
any use permitted in an I Zone.
4.
Shipping containers for permanent outdoor storage.
(By-law 2024-057)
I-2 (CULTURAL CENTRE)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated I-2 on Schedule "A" hereto the following special provisions
shall apply:
i.
Zone Requirements
1.
Lot Coverage (Maximum)
2.
Height (Maximum)
3.
Accessory Building Height (Maximum)
50%
8.5 m
4.5 m
I-3 (PARK)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated I-3 on Schedule "A" hereto the permitted uses shall be
limited to:
- parks;
- recreational facilities owned and operated by a public
authority.
(By-law 2005-76)
I-4 (STORMWATER MANAGEMENT)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated I-4 on Schedule "A" hereto the permitted uses shall be
limited to:
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 24
INSTITUTIONAL (I) ZONE
i.
stormwater management pond.
(By-law 2005-76)
I-5 (PARKING LOT)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated I-5 on Schedule "A" hereto, the following special provisions
shall apply;
i.
Uses Permitted
Parking lot, in addition to the uses permitted by Section 24 (2).
(By-law 2006-71)
I-6 (6101 County Road 20)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned I-6 on Schedule "A" hereto, the zone requirements of
Section 24 of the By-law shall apply with the addition of the following special
provisions:
i.
Uses Permitted;
a.
student residence;
b.
any use permitted in a I Zone.
(g)
I-7 (3320 Middle Side Road)
(By-law 2023-003)
Notwithstanding any other provisions of this By-law to the contrary within any area
zoned I-7 on Schedule "A" hereto, the zone requirements for Section 24 of the By-
law shall apply with the addition of the follow special provisions;
i.
Uses Permitted:
1. Shipping containers for permanent outdoor storage.
(By-law 2024-058)
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 25
FUTURE DEVELOPMENT (FD) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Future Development (FD) Zones
except as otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within any FD Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following FD uses, namely:
(i)
agricultural;
(ii)
cemetery;
(iii)
forestry;
(iv)
home occupation;
(v)
retail farm sales outlet;
(vi)
works of a Conservation Authority;
(vii)
any existing dwelling.
(3)
ZONE REQUIREMENTS
No person shall within any FD Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
Lot Area (Minimum)
2000 m²
(b)
Lot Frontage (Minimum)
30 m
(c)
Front Yard Depth (Minimum)
15 m
(d)
Interior Side Yard Width (Minimum)
10 m
(e)
Exterior Side Yard Width (Minimum)
15 m
(f)
Lot Coverage (Maximum)
30%
(g)
Height of Building (Maximum)
(h)
Accessory Uses, Parking etc. in accordance with the
provisions of Section 3 hereof.
10 m
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 25
FUTURE DEVELOPMENT (FD) ZONE
(4)
SPECIAL PROVISIONS
FD-1 (ARCHERY CLUB)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated FD-1 on Schedule "A" hereto the following special provi-
sions shall apply:
i.
Uses Permitted
1.
an archery club;
2.
a private club.
ii.
Zone Requirements
1.
Lot Area
1 ha
2.
Building
450 m²
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26 AGRICULTURAL (A) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Agricultural (A) Zones except as
otherwise provided in the Special Provision Subsection of this Section.
(2)
USES PERMITTED
No person shall within any A Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following A uses, namely:
(i)
an agricultural use, including a dwelling unit and including an intensive
agricultural use subject to Subsection 26(3)(k) of this By-law;
(ii)
an existing dwelling;
(iii)
a single detached dwelling including a dwelling on an undersized lot in
accordance with Subsection 26(3)(j);
(iv)
an existing mobile home;
(v)
a mobile home accessory to an agricultural use, subject to Subsection
26(3)(l);
(vi)
a rural home occupation; in accordance with Section 3(10);
(vii)
a retail farm sales outlet;
(viii)
a veterinary clinic;
(ix)
a wayside pit;
(x)
animal burial grounds, dog kennels and boarding kennels, in accordance
with Subsection 26(3)(m) of this By-law;
(xi)
forestry uses excluding any establishments that either process forestry
products or sell processed forestry products such as lumber yards;
(xii)
greenhouses subject to Subsection 26(3)(n);
(xiii)
greenhouse, commercial subject to Subsection 26(3)(n);
(xiv)
hunting, game and wildlife preserves;
(xv)
grass landing strips;
(xvi)
licenced cannabis production facility (2019-075)
(xvii) nurseries or tree farms;
(xviii) the exploration and extraction of oil and other similar materials;
(xix)
a bed and breakfast establishment;
(xx)
works of a Conservation Authority;
(xxi)
a public use;
(xxii) uses accessory to the foregoing permitted uses;
(xxiii) a winery, brewery or cidery in accordance with Subsection 26(3)(o).
(By-law 2006-61, By-law 2017-07)
(3)
ZONE REQUIREMENTS
No person shall, within any A Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
239
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
Lot Area (Minimum)
(i)
agricultural and accessory uses
40 ha
(By-law 2006-61)
Lot Frontage (Minimum)
(i)
agricultural and accessory uses
(ii)
other uses
140 m
30 m
Front Yard Depth (Minimum)
(i)
residential uses
(ii)
non-residential uses
15 m
25 m
Interior Side Yard Width (Minimum)
(i)
residential uses
(ii)
non-residential uses
7.5 m
15 m
Exterior Side Yard Width (Minimum)
(i)
residential uses
(ii)
non-residential uses
15 m
25 m
Rear Yard Depth (Minimum)
(i)
residential uses
(ii)
non-residential uses
15 m
30 m
Lot Coverage (Minimum)
(i)
agricultural and accessory uses
(ii)
other uses
10%
30%
Landscaped Open Space (Minimum)
For non-agricultural uses
30%
Height (Maximum)
10 m
(By-law 2006-61)
Undersized Lots
On an existing undersized lot complying with the conditions of Section
3(18)(c), or on a lot legally created subsequent to the passage of this By-
law, a maximum of one single detached dwelling shall be permitted whether
or not it is accessory to a permitted agricultural use. Such dwelling shall be
located no closer than 300 metres from any lot containing an existing
intensive agricultural use, and shall be subject to the following requirements:
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
(i)
Front Yard Depth (Minimum)
10 m
(ii)
Interior Side Yard Width (Minimum)
4 m
(iii)
Exterior Side Yard Width (Minimum)
10 m
(iv)
Rear Yard Depth (Minimum)
10 m
(v)
Lot Coverage (Maximum)
20%
(vi) Accessory buildings or structures
A building or structure accessory to a single detached dwelling may
locate anywhere within an interior side yard or rear yard provided
that such accessory building or structure is not located closer than
3.0 metres to any lot line. All other regulations of the Accessory Uses
provision of Section 3(1) shall apply. (By-law 2006-40)
All other relevant provisions of the A Zone apply.
The provisions of this Subsection shall apply to the construction of a
new dwelling on an existing undersized lot in the Agricultural Zone,
and to the alteration or replacement of an existing dwelling on an
existing undersized lot in the Agricultural Zone except as otherwise
provided in Subsection 3(18)(a) and 3(18)(b). (By-law 2006-61)
Separations for Intensive Agricultural Uses
No non-residential building or structure directly associated with an intensive
agricultural use shall be established and no building or structures for such
use shall be erected or altered or expanded unless it complies with the
Minimum Distance Separation (MDS II) calculation using Schedule "D" to
this By-law.
No facility for the storage of liquid manure in association with an intensive
agricultural use shall hereafter be erected or altered except where such
facility
i.
is constructed of concrete or steel;
ii.
is constructed
1.
with wall that extend a minimum of 1.5 metres above the
surrounding grade level; or
2.
with walls that extend 0.6 metre or more above the
surrounding grade level, above which a chain-link fence
241
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
enclosure extends to a total of no less than 1.5 metres above
the surrounding grade level; or
3.
on grade with a solid concrete cover that is capable of carrying
loads consistent with the weight of farm vehicles and local
climatic conditions;
is sufficient size to accommodate the total
amount of manure generated by the
intensive livestock farm in any 250-day
period.
Mobile Homes as Supplementary Housing to an Agricultural Use
No person shall use or permit the use of any mobile home or trailer for the
purposes of supplementary housing to an agricultural use on any lot in the
A Zone for the living, sleeping or eating accommodation of temporary
seasonal employees unless a seasonal permit has been obtained from the
Town.
Regulations for Boarding Kennels
Unless located within a single unit dwelling or attached garage, no boarding
kennel, as defined herein, shall be permitted closer than two thousand
(2,000) feet to an existing dwelling on a lot other than the lot upon which the
boarding kennel is proposed.
Greenhouse Regulation
i.
Greenhouses or commercial greenhouses
having a gross floor area greater than 500
square metres shall not be permitted unless
a
development
agreement
has been
entered into with the Town regarding
stormwater management and lighting.
ii.
Where ventilation fans associated with any
greenhouse exhaust into a side and/or a
rear yard the minimum side and/or rear yard
requirement shall be 25 metres;
iii.
All greenhouses that use artificial lighting for
growing purposes during the night shall be
located a minimum distance of 150 metres
from any residential use;
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
iv.
All greenhouses shall be located a minimum
distance of 45 metres from any residential
use located on a separate lot;
v.
No manure, compost or equipment may be
stored within 30 metres of a street
allowance, a watercourse, or a residential
use located on a separate lot;
vi.
All greenhouses shall be subject to site plan
control.
(By-law 2006-61)
Winery, Brewery and Cidery Regulations
A winery, brewery or cidery shall only be permitted subject to the following
provisions:
(i) Lot Area (Minimum)
Provided that the minimum lot area
shall only apply to the consideration of
establishing a new winery, brewery or
cidery and not the severance or
creation of a new lot;
4 ha
(ii)
Gross Floor Area (Maximum)
1.5% of the lot
area
or 2323 m2,
whichever is
lesser
(iii) All wines, beers and ciders produced shall be from locally
grown fruit and crops, with a minimum of 2 hectares of the
farm parcel capable of and committed to the production of
grapes or other crops used in the local winery, brewery, or
cidery;
(iv) Accessory display and retail sale of wine, beer or cider
produced on site shall not exceed 25% of the gross floor area
of the winery, brewery or cidery but may be in addition to the
winery, brewery or cidery floor area;
(v) Accessory retail sale of other goods shall not exceed 20%
of the gross floor area of ancillary retail permitted under clause
(iv) above;
243
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
(vi) Accessory educational and/or historical displays or areas
directly related to the wine and grape producing industry shall
be permitted accessory to a permitted winery, brewery or
cidery provided the maximum floor area dedicated to such
purpose is limited to 10 percent of the winery, brewery or
cidery gross floor area; and,
(vii) all wineries, breweries and cideries shall be subject to site
plan control.
All other provisions of the Agricultural Zone shall apply.
(By-law 2006-61, By-law 2017-07)
(4)
SPECIAL PROVISIONS
The special regulations contained in the Subsection shall apply to the area or areas
defined below:
A-1 (TRUCKING TERMINAL)
Notwithstanding any provisions of this By-law to the contrary, within any
area zoned A-1 on Schedule "A" hereto, the following Special Provision
shall apply:
i.
Uses Permitted
- the uses permitted in the A Zone
- a trucking terminal
ii.
Zone Regulations
- existing buildings and structure for a trucking terminal or the
regulations of Section 26(3) with the indoor and outdoor
components of the operation to not exceed 1 hectare.
A-2 (CONTRACTOR S YARD)
i.
Uses Permitted
A contractor's yard in an area not to exceed one-half acre in addition
to all other uses permitted in Subsection 26(2) of this By-law.
ii.
Other Lot and Building Requirements
All lot and building requirements for the contractor's yard shall be as
they existed on the date of adoption of this By-law provided the area
used, including all outdoor components of the operation, does not
exceed one and one-half acre. All lot and building requirements for
244
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
uses permitted in Subsection 26(2) shall be in accordance with
Subsections 26(3) of this By-law.
A-3 (ABATTOIR)
i.
Uses Permitted
A poultry killing and processing establishment in addition to the uses
permitted in Subsection 26(2) of this By-law.
ii.
Lot and Building Requirements
All lot and building requirements shall be in accordance with
Subsection 26(3) of this By-law with the following exceptions:
1.
minimum setback requirement for all yards
50 m
2.
maximum building size
650
m²
3.
maximum lot coverage
10%
A-4 (FOUNDRY)
i.
Uses Permitted
A foundry, uses accessory to a foundry and uses permitted in
Subsection 26(2) of this By-law.
A-5 (SANITATION EQUIPMENT)
i.
Uses Permitted
A storage yard for sanitation equipment, uses accessory to a storage
yard and uses permitted in Subsection 26(2) of this By-law.
A-6 (PETROLEUM EQUIPMENT)
i.
Uses Permitted
A storage yard for petroleum equipment, uses accessory to the
storage yard and uses permitted in Subsection 26(2) of this By-law.
A-7 (TRUCK CAP MANUFACTURER)
i.
Uses Permitted
A truck cap manufacturer in addition to all other uses permitted in
Subsection 26(2) of this By-law.
245
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
A-8 (AUTOMOBILE BODY REPAIR SHOP)
i. Uses Permitted
An automobile body repair shop, uses accessory to an automobile
body repair shop and uses permitted in Subsection 26(2) of this By-
law.
A-9 (HEATING SALES)
i. Uses Permitted
An establishment for the retail sale of heating equipment and the
storage of related material in addition to all other uses permitted in
Subsection 26(2) of this By-law.
A-10 (INDOOR STORAGE)
i. Uses Permitted
The indoor storage of heating equipment in existing buildings only in
addition to all other uses permitted in Subsection 26(2) of this By-
law.
A-11 (ANTIQUE STORE)
i.
Uses Permitted
An antique store in the existing buildings only in addition to all other
uses permitted in Subsection 26(2) of this By-law.
ii.
Lot and Building Requirements
All lot and building requirements for the antique store shall be as they
existed on the date of adoption of this By-law except that expansion
to the existing buildings used in conjunction with the fish outlet shall
be allowed to expand provided the expansion does not exceed 10
percent of the floor area of the building as the building existed on the
date of adoption of this By-law. The required yard setbacks for such
expansions shall be as outlined in Subsection 26(3) of this By-law.
All lot and building requirements for uses permitted in Subsection
26(2) shall be in accordance with Subsection 16(3) of this By-law.
A-12 (INDOOR GUN CLUB)
i.
Uses Permitted
246
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
An indoor gun club in addition to all other uses permitted in
Subsection 26(2) of this By-law.
A-13 (RETAIL STORE)
i.
Uses Permitted
A retail store, uses accessory to a retail store in addition to all other
uses permitted in Section 26(2) of this By-law.
A-14 (AUCTION FACILITY)
i.
Uses Permitted
An auction facility, uses accessory to an auction facility in addition to
all other uses permitted in Section 26(2) of this By-law.
A-15 (CLOCKS, CLOCK WORKS AND CERAMICS)
i. Uses Permitted
An establishment for the manufacture and retail sale of clocks, clock
works and ceramics, accessory uses in addition to all other uses
permitted in Section 26(2) of this By-law.
A-16 (EMPTY TRUCK STORAGE)
i. Uses Permitted
An empty truck storage area not to exceed two (2) acres in area,
uses accessory to the truck storage area in addition to all other uses
permitted in Section 26(2).
A-17 (AUTOMOBILE SALES ESTABLISHMENT)
i.
Uses Permitted
An automobile sales establishment with not more than 15
automobiles on display at any given time, a semi-detached dwelling
and accessory uses only.
ii.
Zone Provisions
All lot and building requirements shall be as they existed on the date
of passing of this By-law. The outside storage and/or display of
automobiles shall not exceed 1715 square metres in area and shall
be located in the front yard only. All other outside storage or outside
display is prohibited.
247
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
iii.
Other Provisions
A buffer strip used for no other purpose than landscaped open space
with a minimum width of 3 metres shall be provided as follows:
1.
abutting the front lot line where the automobile sales
establishment fronts on the street; and
2.
abutting the southern side lot line.
A-19 (SPRAY DEALERSHIP)
i.
Uses Permitted
A commercial farm spraying dealership and accessory uses in
addition to the other uses permitted in Subsection 26(2) of this By-
law, including one single unit dwelling only.
ii.
Permitted Buildings and Structures
The Existing buildings and structures in addition to the building and
structures permitted in Subsection 26(2) of this By-law.
iii.
Lot and Building Requirements
All lot and building requirements for uses permitted in subjection
26(2) shall be in accordance with Subsection 26(3) of this By-law.
A-23 (OUTDOOR RECREATION FACILITY)
i.
Uses Permitted
An outdoor recreation facility in addition to all other uses permitted in
Subsection 26(2) of this By-law.
ii.
Lot and Building Requirements
All lot and building requirements for the outdoor recreation facility
shall be as they existed on the date of adoption of this By-law. All lot
and building requirements for uses permitted in Subsection 26(2)
shall be in accordance with Subsection 26(3) of this By-law.
A-24 (MECHANIC'S TOOLS)
i.
Uses Permitted
An establishment for the packaging and shipping of small mechanic's
tools in addition to all other uses permitted in Subsection 26(2) of this
By-law.
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
ii.
Permitted Buildings and Structures
Buildings and structures for the permitted uses provided the total
floor area for all buildings used in conjunction with the packaging and
shipping operation permitted in Subsection (i) above shall not exceed
2,500 square feet.
iii.
Lot and Building Requirements
All lot and building requirements shall be in accordance with
Subsection 26(3) of this By-law.
A-30 (CABLE TELEVISION RECEPTION TOWER)
i.
Uses Permitted
A cable television reception tower, a maximum of two satellite dishes,
radio transmission towers and accessory uses, including one
structure having a maximum floor area of 70 square metres, in
addition to the other uses permitted in Subsection 26(2) of this By-
law.
ii.
Permitted Buildings and Structures
Buildings and structures for the permitted uses as well as existing
buildings and structures.
iii.
Zone Provisions
All lot and building requirements for the permitted buildings and
structures shall be in accordance with Subsection 26(3) of this By-
law, except that the cable television reception tower, satellite dishes
and associated structure shall have a minimum side yard
requirement of 15 metres.
A-31 (AGRICULTURAL RELATED COMMERCIAL)
i.
Uses Permitted
- animal clinic;
au ction sales facilities; farm produce outlet;
- farm produce outlet;
- garden supply centre
fa rm chemical and fertilizer sales establishment; farm supply sales and equipment services establishment;
fa rm supply sales and equipment services establishment; farm fuel sales;
- farm fuel sales;
- residential accessory use.
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
A-32 (TWO DWELLINGS)
i.
Uses Permitted
1.
two dwelling units on the existing lot.
A-33 (RECORDING STUDIO)
i.
Uses Permitted
1.
recording studio; and
2.
a day care centre in addition to all other uses permitted in
Section 26(2).
A-34
Notwithstanding any other provision of Section 26(2) and Section 26(3) to
the contrary, within any area zoned A-34 on Schedule "A" hereto, the
permitted uses shall include the relining, refurbishing and rebuilding of
clutches, brakes and friction products for tractors, trailers, wagons, and
construction equipment and protective painting of related metal
components. The use shall be limited to a maximum gross floor area of 356
square metres (3,840 square feet) in an existing non-residential building.
Body work and vehicle repair shall be progibited. The business shall be
owned and operated by a resident of the property and the number of
employees shall not exceed a maximum of six (6) persons who do not reside
on the property. Open storage areas shall be restricted to the rear yard. A
minimum 3 metre wide landscaped planting strip shall be provided along
both the northerly and southerly interior lot lines. The location of any
structures, driveways, parking and other facilities shall be subject to site
plan control and all setbacks shall be as specified on the site plan. All other
general provisions and regulations of By-law 1999-52, as amended from
time and time shall apply.
(By-law 2005-35)
A-35 (2701 County Road 20)
The following special provisions shall apply to lands zoned (A-35):
i.
Uses Permitted
-
a single detached dwelling in accordance with Subsection
26(3)(j);
an
automobile body repair shop as a home occupation; residential accessory use.
-
residential accessory use.
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ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
ii.
Prohibited Uses
-
vehicle repair garage;
-
vehicle repair shop;
-
vehicle sales or rental establishment;
-
outside storage of materials associated with the home
occupation;
-
outside storage of automobiles.
iii.
Permitted Buildings and Structures
-
a single detached dwelling;
-
residential accessory structures;
-
an accessory structure containing a home occupation;
iv.
Lot and Building requirements
a) maximum total floor area for a home occupation in an accessory
structure - 158 m2 (1,700 ft2 TGFA)
b) maximum lot coverage for a home occupation in an accessory
structure - 4.4 %
c) only the owner of the residence and home occupation may be
an employee of the home based business, no other employees
are permitted;
d) all other provisions of Section 3(10) Home Occupation - Rural
shall apply.
All other provisions under Subsection 26(3) Zone Regulations shall
apply to lands zoned (A-35).
(By-law 2010-44)
A-36
i.
Uses Permitted
All uses permitted in Subsection 26(2) of this By-law with the exception of
residential uses which are prohibited.
(By-law 2010-49)
T-A-37 (Construction Staging Area)
Notwithstanding any other provisions of Section 26(2) to the contrary lands
zoned T-A-37 on Schedule "A" hereto in accordance with Sections 34 and
39 of the Planning Act, a temporary use of the land as a construction staging
area for the construction of the permitted solar energy system to be
developed on the lands immediately to the south. The temporary
construction staging site shall too consist of a parking area for employees
251
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SECTION 26
AGRICULTURAL (A) ZONE
and contractors; truck turn around; guard trailer; construction-related
trailers; construction staging area; un-surfaced miscellaneous area (used
for overflow of staging area); concrete washout pit; and, construction mud
mat/truck wheel washing system.
Once the solar energy system is complete the temporary construction area
use will cease. This temporary use provision for a construction area shall
expire a maximum of three (3) years after the date of passing of the
amendment to the Zoning By-law, at which time further application may be
made requesting an extension of the temporary provision for up to a
maximum of an additional three (3) years.
(By-law 2011-05)
T-A-38
Notwithstanding any other provisions of Section 26(2) to the contrary lands
zoned T-A-38 on Schedule "A" hereto in accordance with Sections 34 and
39 of the Planning Act, a temporary use of the land for a second dwelling.
The amendment will permit the construction and temporary residency of a
second dwelling on the subject property.
This temporary use provision for a second dwelling shall expire a maximum
of three (3) years after the date of passing of the amendment to the Zoning
By-law, at which time: (a) the temporary use zoning must be reapplied for;
or, (b) one of the two dwellings must be demolished.
(By-law 2014-27)
A-39 (7258 County Road 50 W)
Notwithstanding any other provisions of this By-law to the contrary, within
an area zoned A-39 on Schedule "A" hereto, the following special provisions
shall apply:
i.
Uses Permitted
(a)
Any use permitted in the A zone;
(b)
A restaurant/event space accessory to a winery.
(By-law 2014-105)
T-A-40 (Temporary Accessory Structure)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated T-A-40 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Permitted Uses
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SECTION 26
AGRICULTURAL (A) ZONE
1. A temporary accessory structure (30 ft by 40 ft) without a dwelling
unit to be used until the dwelling unit is constructed;
2. Any use permitted in an A Zone.
ii. Zone Provisions
All lot and building requirements for the permitted use and for the uses
permitted in Subsection 26(4)(ee) of this By-law shall be in accordance
with 26(3) and 26(4) of this By-law.
iii.
Temporary (T) Zone
The zone symbol on Schedule "A" is preceded by a "T" which stands
for a Temporary Zone as permitted under Section 39 of the Planning
Act. When the date of expiry specified in subclause (iv) below is
reached, an if no extension has been granted by Council, the zoning of
the land shall revert to the base "A" Zone and the use permitted by the
Temporary Zone that is not permitted by the base "A" Zone shall be
removed.
iv.
Expiry
The Permitted Uses and Zone Provisions of the T-A-40 Zone shall
expire on July 10th, 2020.
(By-Law 2020-028)
A-41 (7860 County Road 20)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated A-41 on Schedule "A" hereto, the following special
provisions shall apply:
"BED AND BREAKFAST ESTABLISHMENT" means a single detached
dwelling in which no more than six rooms are made available by the
residents of the said dwelling for the temporary accommodation of travelers
in the course of which no assistance is offered by any person not residing
in the dwelling. This does not include a hotel, motel, boarding or lodging
house, or restaurant, as defined herein".
(By-Law 2019-038)
A-42 (2376 Front Rd N)
i.
Uses Permitted
2. Any use permitted in an A Zone.
253
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
3. A contractor's yard.
ii.
Zone Requirements for a contractor's yard and accessory buildings
associated with the contactor's yard.
a. That the contractor's yard be restricted to a maximum area of 2.5
acres which will include approximately 0.5 acres of business
building(s) and 2.0 acres of open storage; and,
b. That the maximum number of employees to attend or work at the
site will be ten (10).
(By-Law 2018-81)
A-43 (265 & 349 Concession 3 North)
i.
Permitted Uses
Permitted uses defined under Section 26 (2) of this By-
law.
In addition to the uses permitted under Section 26(2),
additional uses include:
i)
a warehouse,
ii)
an office,
iii)
vegetable packaging and production facility,
iv)
seasonal worker housing.
ii.
Permitted Buildings and Structures
Buildings and structures for the permitted uses under
Section 26(2);
In addition to the buildings and structures permitted under
Section 26(2), additional buildings and structures include:
i)
a warehouse;
ii)
an office;
iii)
service buildings;
iv)
seasonal worker housing (bunky).
iii.
Zone Provisions
All lot and building requirements for lands zoned (A-43)
shall be in accordance with Section 26 with the exception
of the following:
a. Front Yard Setback: 10 m
254
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
b. Rear Yard Setback: 15 m
c. Interior Yard Setback from lot line:
i.
North side yard:
10 m
ii.
South side yard:
8 m
d. Parking:
i.
Greenhouse:
1 sp/2 ha (4.94 ac) growing area
ii.
Seasonal Workers:
5 spaces plus 1 sp/30 beds
e. Lot Coverage (max):
85 %
f. SWM pond setback:
3 m
g. Setbacks from Inland Watercourses and Municipal Drains:
No part of any building or structure other than a permeable fence, shall
hereafter be erected in any zone or defined area closer to an inland
watercourse or an open municipal drain than 6 m (26.24 ft) plus the
depth of the watercourse or drain to a maximum of 15 m (49.21 ft),
from the top of bank, measured horizontally along a line perpendicular
to a line drawn along the top of bank, or in the case where a drain is
covered, the minimum setback shall be 3 m (9.84 ft) from the
centerline of the drain.
h. Interior Yard Setback is defined for lands zoned (A-43) from the lot line
and shall include the 8 m (EP-4) zone within the additional 2 m
setback."
(By-law 2019-101)
A-44 (3665 Concession 3 N)
Notwithstanding any other provisions of this By-law to the contrary, within
any area zoned A-44 on Schedule "A" hereto, the zone requirements of
Section 26 of the By-law shall apply with the addition of the following special
provisions:
1. Uses Permitted:
i. Seasonal worker housing;
ii. Any use permitted in an A Zone.
A-45 (7601 Middle Sideroad)
(By-law 2022-097)
Notwithstanding any other provisions of this By-law to the contrary, within any area
zoned as A-44 on Schedule "A" hereto, the zone requirements of Section 26 of the
By-law shall apply with the addition of the following special provisions:
255
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
i.
Uses Permitted;
a. Retail store;
b. Any use permitted in an A Zone
ii.
Permitted Buildings and Structures
All building requirements for the retail store shall be as they existed on the
date of the adoption of this by-law. Only one (1) retail store shall be
permitted on the lot and the retail store shall not exceed 223 m2 (2,400 ft2).
All lot and building requirements for uses permitted in Subsection 26(2) shall
be in accordance with Subsection 26(3) of this By-law.
(By-law 2023-006)
(ll) A-46 (7368 Howard Ave)
Notwithstanding any other provisions of this By-law to the contrary, within any area
zoned as A-46 on Schedule "A" hereto, the zone requirements of Section 26 of the By-
law shall apply with the addition of the following special provisions:
(i)
Uses Permitted;
(c) Agricultural Research and Training Centre;
(d) Landscaping and Lawn Care Business;
(e) An Additional Dwelling Unit subject to Section 26(4)(ll)(ii)(b);
(f) Any use permitted in an A Zone.
(ii)
Permitted Buildings and Structures
a. The Landscaping and Lawn Care Business shall be limited to the
structures that existed on the date of the adoption of this by-law.
b. An Additional Dwelling Unit shall be permitted subject to the following
special provisions:
i. The Additional Dwelling Unit shall be permitted in the front yard
with a minimum setback of 112 m from Howard Avenue;
ii. The Additional Dwelling Unit shall have a maximum footprint of
230 square meters.
256
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 26
AGRICULTURAL (A) ZONE
All lot and building requirements for uses permitted in Subsection 26(2) and Subsection
26(4)(ll)(i) shall be in accordance with Subsection 26(3) of this By-law unless otherwise
stated in this by-law."
By-law 2023-107
(mm) A-47 (6871 Concession 6 N)
Notwithstanding any other provisions of this By-law to the contrary, within any area
zoned as A-47 on Schedule "A" hereto, the zone requirements of Section 26 of the
By-law shall apply with the addition of the following special provision:
(iii)
Permitted Buildings and Structures
A second dwelling unit shall be permitted on the property as per Section 3.3
(f). The dwelling unit shall be permitted to be located 26 m from the existing
main dwelling and shall be permitted to have a separate driveway access.
The driveway for the second dwelling unit is permitted to be the third
driveway on the property, therefore permitting a third driveway on a property
with less than 200 m frontage in the Agricultural (A) Zone. All other
provisions of 3.3(f) for the second dwelling unit shall apply.
By-law 2024-022
257
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 27 AGRICULTURAL RESTRICTIVE (AR) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Agricultural Restrictive (AR) Zones
except as otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within any AR Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following AR uses, namely:
(i)
agricultural;
(ii)
cemetery;
(iii)
forestry;
(iv)
home occupation;
(v)
retail farm sales outlet;
(vi)
works of a Conservation Authority;
(vii)
any existing dwelling.
(3)
ZONE REQUIREMENTS
No person shall within any AR Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
Lot Area (Minimum)
2000 m²
(b)
Lot Frontage (Minimum)
30 m
(c)
Front Yard Depth (Minimum)
15 m
(d)
Interior Side Yard Width (Minimum)
10 m
(e)
Exterior Side Yard Width (Minimum)
15 m
(f)
Lot coverage (Maximum)
30%
(g)
Height of Building (Maximum)
10 m
Accessory Uses, Parking etc. in accordance with the provisions of
Section 3 hereof.
(4)
SPECIAL PROVISIONS
258
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 28 ENVIRONMENTAL PROTECTION (EP) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Environmental Protection (EP)
Zones except as otherwise provided in the Special Provisions Subsection of this
Section.
(2)
USES PERMITTED
No person shall within any EP Zone, use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following EP uses, namely:
(i)
agriculture;
(ii)
a boat dock;
(iii)
a boat ramp;
(iv)
cemetery;
(v)
public or private park;
(vi)
public uses;
(vii)
works of a Conservation Authority.
(3)
ZONE REQUIREMENTS
No person shall within any EP Zone, use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
a. Buildings or Structures
Other than buildings and structures existing at the date of passing of this
By-law, no buildings or structures are permitted unless for flood control
purposes and/or in accordance with the regulations of the local
Conservation Authority or other appropriate government agency. Boat
ramps and boat docks shall require the approval of the local Conservation
Authority.
(4)
SPECIAL PROVISIONS
a) EP-1
b) EP-2
Notwithstanding any provisions of this By-law to the contrary, within any
area zoned EP-1 on Schedule "A", greenhouses, garages, storage sheds
and other accessory uses to residential uses are also permitted within the
EP-1 Zone. Minimum setback for yard requirement is 1.5 metres.
Notwithstanding any provisions of this By-law to the contrary, within any
area zoned EP-2 on Schedule "A" in addition to the uses permitted in
Section 28(2), the lands may be used for existing uses and existing
buildings and structures are permitted.
259
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 28
ENVIRONMENTAL PROTECTION (EP) ZONE
c) EP-3
Notwithstanding any other provisions of Section 28(2) and Section 28(3) to
the contrary, within any area zoned EP-3 on Schedule "A" hereto, a single
detached dwelling unit shall be permitted. The location of any buildings or
structures shall be subject to site plan control. The maximum lot coverage
shall be 10% and all setbacks shall be as specified on the site plan. All other
general provisions and regulations of By-law 1999-52, as amended from
time to time shall apply.
d) EP-4
(By-law No. 2003-66)
Notwithstanding any provisions of this By-law to the contrary, within any
area designated EP-4 on Schedule "A" hereto, the following special
provisions shall apply:
(i) Storm Water Management
The lands may be used for storm water management in accordance
with the Environmental Impact Study and agreements with the Town
and the Conservation Authority.
(By-law No. 2005-79)
(ii) Notwithstanding any other provisions of
Section 28(2) and Section 28(3) to the
contrary, within any area zoned (EP-4) on
Schedule "A" hereto, lands zoned (EP-4) are
reserved for an existing tree row.
Trees and shrubs warrant trimming and
maintenance to keep the trees and shrubs
within the (EP-4) corridor while protecting the
ground coverage foliage.
In addition to the 8m wide (EP-4) zone is an
additional 2m width at the southern portion to
function as a maintenance corridor for the
greenhouse. (By-Law 2019-101)
260
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 29 WETLAND (W) ZONE
(1)
SCOPE
The provision of this Section apply to all Wetland (W) Zones except as otherwise
provided in the Special Provision Subsection of this Section.
(2)
USES PERMITTED
No person shall within any W Zone use any lot or erect, alter or use any buildings
or structures for any purpose except one or more of the following W uses, namely:
(i)
agriculture;
(i)
works of a Conservation Authority;
(ii)
conservation;
(iii)
forestry;
(iv)
wildlife management.
(3)
ZONE REQUIREMENTS
No person shall within any W Zone use any lot or erect, alter or use any buildings
or structures for any purpose except one or more of the following provisions:
a) Building Structures
No buildings or structures are permitted unless for flood control purposes in
accordance with the regulations of the land Conservation authority or
appropriate government agency.
(4)
SPECIAL PROVISIONS
a) W-1
Notwithstanding any provisions of this By-law to the contrary, within any
area designated W-1 on Schedule "A" hereto, the following special
provisions shall apply:
i.
Uses Permitted
A non-commercial hunting/fishing lodge and accessory uses
including accessory boat docks in addition to uses permitted in
Section 29(2) of this By-law.
ii.
Zone Regulations
All buildings and structures associated with the hunting/fishing
lodge and its accessory uses shall be set back a minimum of 50
metres from all lot line.
261
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 30 OPEN SPACE (OS) ZONE
(1)
SCOPE
The provisions of this Section shall apply in all Open Space (OS) Zones except as
otherwise provided in the Special Provisions Subsection of this Section.
(2)
USES PERMITTED
No person shall within the OS Zone, use any lot or erect, alter or use any building
or structure for any purpose except for one or more of the following OS uses,
namely:
(i)
conservation area;
(ii)
forestry uses excluding any establishments that either process forestry
products or sell processed forestry products;
(iii)
golf course;
(iv)
open space;
(v)
public park;
(vi)
wildlife preserve;
(vii)
works of a Conservation Authority;
(viii)
uses accessory to the foregoing permitted uses.
(3)
ZONE REQUIREMENTS
No person shall, within any OS Zone, use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
Lot Area (Minimum)
No Minimum
(b)
Lot Frontage (Minimum)
No Minimum
(c)
Front Yard Depth (Minimum)
15 m
(d)
Interior Side Yard Width (Minimum)
15 m
(e)
Exterior Side Yard Width (Minimum)
15 m
(f)
Rear Yard Depth (Minimum)
15 m
(g)
Lot Coverage (Maximum)
10% of lot area
(h)
Landscaped Open Space (Minimum)
30% of lot area
(i)
Height (Maximum)
10 m
(By-law 2006-61)
262
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SECTION 31 APPROVAL
This By-law shall come into force on the date it is passed by the Council of the Town of
Amherstburg.
(By-law 2015-114)
This By-law given its first, second and third reading and finally passed on the 8th day of
November, 1999.
(signed) "Wayne Hurst"
Mayor
(signed) "David Mailloux"
Clerk
ZONING BY-LAW NO. 1999-52
TOWN OF AMHERSTBURG
SCHEDULES