By-law Number 36-09 (Municipality of Arran-Elderslie Zoning By-law, office consolidation January 2019)
Arran–Elderslie, Ontario
· adopted 2009-06-29
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The Corporation Of The
Municipality Of Arran-Elderslie
By-Law Number 36-09
A by-law to regulate the use of land and the erection, use, bulk, height, spacing
of and other matters relating to buildings and structures and to restrict certain
uses of land and the erection and use of certain buildings and structures in the
Municipality of Arran-Elderslie.
Passed by Municipal Council June 29, 2009
Ontario Municipal Board Decision July 5, 2010
The Corporation of the Municipality of Arran-Elderslie
P. O. Box 70, 1925 Bruce Road 10
Chesley ON N0G 1L0
Tel: 519-363-3039
Housekeeping
1. By-law 59-10, December 24, 2010
2. By-laws 38-11, 39-11, October 11, 2011
3. By-law 23-2013, April 22, 2013
August 11, 2010
November 29, 2010
March 2, 2011
March 30, 2011
July 15, 2011
July 26, 2011
Office Consolidations
Jan 26, 2012
Oct 31, 2012
Jan 23, 2013
May 23, 2013
July 15, 2013
December 2013
April 2014
January 2015
July 2015
January 2016
December 2016
January 2018
January 2019
Prepared by the Bruce County
Planning & Economic Development Department
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
Table of Contents
Section 1 - Administration .............................................................................................................................................. 1
Section 2 - Definitions ....................................................................................................................................................... 5
Section 3 - General Provisions For All Zones ..................................................................................................... 33
3.1
PERMITTED USES .......................................................................................................................................... 33
3.1.1
Services And Utilities ........................................................................................................................... 33
3.1.2
Temporary Buildings & Construction Facilities.................................................................................. 33
3.1.3
Ornamental Structures ......................................................................................................................... 34
3.1.4
Services ................................................................................................................................................ 34
3.1.5
Multi-Purpose Recreational Trails ...................................................................................................... 35
3.2
USES PERMITTED IN ALL ZONES .................................................................................................................. 35
3.3
BUFFER ON LANDS ADJOINING INDUSTRIAL OR RESIDENTIAL USES/ZONES ............................................... 35
3.4
NON-CONFORMING USES ............................................................................................................................. 36
3.5
NON-COMPLYING USES ................................................................................................................................ 37
3.6
ACCESSORY BUILDINGS AND STRUCTURES .................................................................................................. 37
3.7
NUMBER OF MAIN BUILDINGS PER LOT ....................................................................................................... 39
3.8
ACCESSORY DWELLINGS .............................................................................................................................. 39
3.9
HOME OCCUPATION - DOMESTIC & PROFESSIONAL USES ............................................................................ 40
3.10
HOME OCCUPATION - BED & BREAKFAST ESTABLISHMENT ........................................................................ 41
3.11
HOME INDUSTRY .......................................................................................................................................... 42
3.12
ESTABLISHED BUILDING LINE ...................................................................................................................... 43
3.13
EXCEPTIONS TO MAXIMUM HEIGHT REGULATIONS ..................................................................................... 43
3.14
PERMITTED YARD ENCROACHMENTS ........................................................................................................... 43
3.15
PLANTING AREA/VISUAL SCREENING .......................................................................................................... 44
3.16
LANDSCAPED OPEN SPACE ........................................................................................................................... 45
3.17
OPEN STORAGE & OUTDOOR DISPLAY - INDUSTRIAL/COMMERCIAL ZONES ................................................ 45
3.18
REDUCTION OF REQUIREMENTS ................................................................................................................... 46
3.19
MINIMUM DISTANCE SEPARATION GUIDELINES (MDS) ................................................................................ 47
3.20
NOT USED .................................................................................................................................................... 47
3.21
WATERCOURSE SETBACKS ........................................................................................................................... 47
3.22
SETBACKS FROM DISPOSAL AREAS - WASTE & SEWAGE ............................................................................. 48
3.23
PROVINCIAL OR COUNTY STREET RIGHT-OF-WAY SETBACKS .................................................................... 48
3.24
STREETS ....................................................................................................................................................... 49
3.25
FRONTAGE ON A STREET ............................................................................................................................. 49
3.26
SIGHT TRIANGLES ........................................................................................................................................ 50
3.27
OFF-STREET PARKING REGULATIONS .......................................................................................................... 50
3.28
LOADING REGULATIONS ............................................................................................................................... 57
3.29
PROVISIONS FOR AN EXISTING MOBILE HOME NOT IN A MOBILE HOME PARK .......................................... 58
3.30
CONFLICTING REGULATIONS OR PROVISIONS .............................................................................................. 58
3.31
LIGHTING ..................................................................................................................................................... 58
3.32
DRAINAGE OF LOTS ..................................................................................................................................... 58
3.33
SETBACKS FROM PRIVATE STREET ............................................................................................................... 59
3.34
METEOROLOGICAL TOWERS ......................................................................................................................... 59
3.35
WELLHEAD PROTECTION AREA (WHPA) OVERLAY ZONE ............................................................................ 59
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Municipality of Arran-Elderslie
Section 4 - Establishment Of Zones ........................................................................................................................ 60
4.1
GENERAL ...................................................................................................................................................... 60
4.2
ZONE SYMBOLS ............................................................................................................................................ 60
4.3
EXCEPTIONS ................................................................................................................................................. 61
4.4
SPECIAL HOLDING PROVISIONS .................................................................................................................... 61
4.5
TEMPORARY USE BY-LAW ........................................................................................................................... 62
4.6
INCORPORATION OF ZONING MAP ................................................................................................................ 62
4.7
ZONING MAPS .............................................................................................................................................. 62
4.7.1
Boundaries Of Zones ........................................................................................................................... 62
4.7.2
Other Boundary Features - Streets, Watercourses Etc. ....................................................................... 63
4.7.3
More Than One Zone On A Lot .......................................................................................................... 64
4.7.4
Zoning Maps - Wellhead Protection Area (Whpa) Overlay Zone) ..................................................... 64
Section 5 - General Provisions For All Agricultural Zones - A ................................................................. 65
5.1
NO DWELLING PERMITTED - SEVERED AGRICULTURAL PARCELS ............................................................... 65
5.2
NOT USED .................................................................................................................................................... 65
5.3
NOT USED .................................................................................................................................................... 65
5.4
REQUIREMENTS FOR KENNELS ..................................................................................................................... 65
5.5
ACCESSORY BUILDINGS AND STRUCTURES - NON-FARM LOT .................................................................... 65
Section 6 - General Agriculture (A1) ........................................................................................................................ 67
6.1
SCOPING NOTE ............................................................................................................................................. 67
6.2
USES PERMITTED .......................................................................................................................................... 67
6.3
ZONE PROVISIONS ........................................................................................................................................ 68
6.4
SPECIAL PROVISIONS .................................................................................................................................... 69
Section 7 - Not Used ......................................................................................................................................................... 95
Section 8 - Hamlet Residential (Hr) ......................................................................................................................... 96
8.1
SCOPING NOTE ............................................................................................................................................. 96
8.2
USES PERMITTED .......................................................................................................................................... 96
8.3
ZONE PROVISIONS ........................................................................................................................................ 96
8.4
SPECIAL PROVISIONS .................................................................................................................................... 98
Section 9 - Cottage Residential (R4) .................................................................................................................... 100
9.1
SCOPING NOTE ........................................................................................................................................... 100
9.2
USES PERMITTED ........................................................................................................................................ 100
9.3
ZONE PROVISIONS ...................................................................................................................................... 100
9.4
SPECIAL PROVISIONS .................................................................................................................................. 101
Section 10 -Urban Residential Zones (R1, R2, R3) ....................................................................................... 103
10.1
SCOPING NOTE ........................................................................................................................................... 103
10.2
USES PERMITTED ........................................................................................................................................ 103
10.3
ZONE PROVISIONS - 'R1' AND 'R2' ........................................................................................................... 104
10.4
ZONE PROVISIONS - 'R3' ........................................................................................................................... 106
10.5
SPECIAL PROVISIONS R1 ............................................................................................................................ 107
10.5
SPECIAL PROVISIONS R1 - CONT'D ........................................................................................................... 107
10.6
SPECIAL PROVISIONS - R2 .......................................................................................................................... 109
10.7
SPECIAL PROVISIONS - R3 .......................................................................................................................... 110
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Municipality of Arran-Elderslie
Section 11 - Travel Trailer Park And Campground (Ttp) ......................................................................... 111
11.1
SCOPING NOTE ........................................................................................................................................... 111
11.2
USES PERMITTED ........................................................................................................................................ 111
11.3
ZONE PROVISIONS ...................................................................................................................................... 111
11.4
ADDITIONAL PROVISIONS - TRAVEL TRAILER PARK AND CAMPGROUND .................................................. 112
11.5
SPECIAL PROVISIONS .................................................................................................................................. 112
Section 12 -Commercial Zones (C1, C2, C3, C4) ............................................................................................ 114
12.1
SCOPING NOTE ........................................................................................................................................... 114
12.2
USES PERMITTED ........................................................................................................................................ 114
12.3
ZONE PROVISIONS ...................................................................................................................................... 116
12.4
ADDITIONAL PROVISIONS - AUTOMOBILE GAS BARS & AUTOMOBILE REPAIR ESTABLISHMENTS ............ 117
12.5
SPECIAL PROVISIONS .................................................................................................................................. 117
Section 12a - Mixed Use (Mu)................................................................................................................................... 119
12A.1 SCOPING NOTE ........................................................................................................................................... 119
12A.2 HOLDING ZONE (H) (HOUSEKEEPING BY-LAW 59-10, 08NOV10) ............................................................. 119
12A.3 USES PERMITTED ........................................................................................................................................ 119
12A.4 REQUIREMENTS TO REMOVE THE HOLDING "H" SYMBOL ......................................................................... 119
Section 13 - Hamlet Commercial (Hc) ................................................................................................................. 121
13.1
SCOPING NOTE ........................................................................................................................................... 121
13.2
USES PERMITTED ........................................................................................................................................ 121
13.3
ZONE PROVISIONS ...................................................................................................................................... 122
13.4
ADDITIONAL PROVISIONS -GASOLINE PUMPS, NATURAL GAS AND PROPANE FACILITIES ......................... 122
13.5
OFF-STREET PARKING REGULATIONS ........................................................................................................ 122
13.6
SPECIAL PROVISIONS .................................................................................................................................. 123
Section 14 - General Provisions For Industrial Zones (Bp1, Bp2, Hi, M2, M1, M3) ................... 124
Section 15 - Business Park Zone (Bp1 & Bp2) ................................................................................................ 126
15.1
SCOPING NOTE ........................................................................................................................................... 126
15.2
USES PERMITTED ........................................................................................................................................ 126
15.3
ZONE PROVISIONS ...................................................................................................................................... 127
15.4
SPECIAL PROVISIONS .................................................................................................................................. 129
Section 16 - Hamlet Industrial (Hi) ....................................................................................................................... 130
16.1
SCOPING NOTE ........................................................................................................................................... 130
16.2
USES PERMITTED ........................................................................................................................................ 130
16.3
ZONE PROVISIONS ...................................................................................................................................... 130
16.4
SPECIAL PROVISIONS .................................................................................................................................. 131
Section 17 - Extractive Industrial (M2) ................................................................................................................ 132
17.1
SCOPING NOTE ........................................................................................................................................... 132
17.2
PERMITTED USES ........................................................................................................................................ 132
17.3
ZONE PROVISIONS ...................................................................................................................................... 132
17.4
ADDITIONAL PROVISIONS - EXTRACTIVE INDUSTRIAL ............................................................................... 133
17.5
SPECIAL PROVISIONS .................................................................................................................................. 134
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Section 18- Agriculture Commercial Industrial (M1) .................................................................................. 135
18.1
SCOPING NOTE ........................................................................................................................................... 135
18.2
USES PERMITTED ........................................................................................................................................ 135
18.3
ZONE PROVISIONS ...................................................................................................................................... 136
18.4
SPECIAL PROVISIONS .................................................................................................................................. 136
Section 19 - Rural Commercial Industrial (M3) .............................................................................................. 141
19.1
SCOPING NOTE ........................................................................................................................................... 141
19.2
USES PERMITTED ........................................................................................................................................ 141
19.3
ZONE PROVISIONS ...................................................................................................................................... 141
19.4
SPECIAL PROVISIONS .................................................................................................................................. 142
Section 20 - Urban & Rural Institutional Zones (Inr, In)........................................................................... 143
20.1
SCOPING NOTE ........................................................................................................................................... 143
20.2
USES PERMITTED ........................................................................................................................................ 143
20.3
ZONE PROVISIONS ...................................................................................................................................... 144
20.4
SPECIAL PROVISIONS .................................................................................................................................. 144
Section 21 - Parks & Recreation And Open Space (Os) ............................................................................ 147
21.1
SCOPING NOTE ........................................................................................................................................... 147
21.2
USES PERMITTED ........................................................................................................................................ 147
21.3
ZONE PROVISIONS ...................................................................................................................................... 147
21.4
SPECIAL PROVISIONS .................................................................................................................................. 147
Section 22- Waste Disposal (Wd) ............................................................................................................................ 148
22.1
SCOPING NOTE ........................................................................................................................................... 148
22.2
USES PERMITTED ........................................................................................................................................ 148
22.3
ZONE PROVISIONS ...................................................................................................................................... 148
22.4
PLANTING AREAS ....................................................................................................................................... 149
22.5
SPECIAL PROVISIONS .................................................................................................................................. 149
Section 23 - Environmental Protection (Ep) ..................................................................................................... 150
23.1
SCOPING NOTE ........................................................................................................................................... 150
23.2
USES PERMITTED ........................................................................................................................................ 150
23.3
STRUCTURES PROHIBITED .......................................................................................................................... 150
23.4
ZONE PROVISIONS ...................................................................................................................................... 150
Section 24 - Future Development (Pd) ................................................................................................................ 152
24.1
SCOPING NOTE ........................................................................................................................................... 152
24.2
USES PERMITTED ........................................................................................................................................ 152
24.3
REGULATIONS FOR EXISTING 'DWELLING' ZONED FUTURE DEVELOPMENT ' ............................................ 152
24.4
SPECIAL PROVISIONS .................................................................................................................................. 153
Section 25 - Enactment ........................................................................................................................................................ i
25.1
CONFLICT WITH OTHER BY-LAWS .................................................................................................................. I
25.2
REPEAL OF EXISTING BY-LAWS ...................................................................................................................... I
25.3
EFFECTIVE DATE ............................................................................................................................................. I
Appendix A - Mds Guidelines And Formulae ........................................................................................................ i
Schedule 'A': Zoning Maps
Comprehensive Zoning By-law 36-09
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Administration
Comprehensive Zoning By-law 36-09
1
Municipality of Arran-Elderslie
The Corporation Of The
Municipality Of Arran-Elderslie
By-Law 36-09
A by-law to regulate the use of land and the erection, use, bulk, height, spacing of and other
matters relating to buildings and structures and to restrict certain uses of land and the erection
and use of certain buildings and structures in the Municipality of Arran-Elderslie.
WHEREAS the Council of the Corporation of the Municipality of Arran-Elderslie considers it
advisable to restrict the use of land and the erection of buildings and structures on land
situated within the Municipality of Arran-Elderslie.
AND WHEREAS The Council of the Corporation of the Municipality of Arran-Elderslie further
considers it advisable to restrict and regulate the use of land situated within the defined areas,
as hereinafter designated, for the purpose of regulating and prohibiting development of
particular lands that would create an adverse effect on the Corporation, or would jeopardize
future orderly development and expansion, to produce areas of compatible characteristics, and
to provide protection for the residents against undesirable uses.
AND WHEREAS authority is granted under Section 34 of The Planning Act, 1990, to the Council
of the Municipality of Arran-Elderslie to exercise such powers.
NOW THEREFORE the Council of the Corporation of the Municipality of Arran-Elderslie enacts as
follows:
Section 1 - Administration
1.1
TITLE
This By-law may be cited as the Comprehensive Zoning By-law of the Municipality of
Arran-Elderslie.
1.2
ADMINSTRATION OF BY-LAW
This By-law shall be administered by the 'Zoning Administrator'.
1.3
AREA TO WHICH BY-LAW APPLIES
The provisions of this By-law shall apply throughout the Municipality of Arran-Elderslie
to the extent of all lands contained within the limits of the zone boundaries as shown on
the Zoning Maps forming Schedule 'A' to this By-law.
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Municipality of Arran-Elderslie
1.4
APPLICATION OF BY-LAW
No building or structure shall hereafter be erected or altered, and the use of any
building, structure or lot shall hereafter not be changed in whole or in part except in
conformity with the provisions of this By-law.
1.5
INTERPRETATION (TEXT)
.1
The particular shall control the general;
.2
The word 'shall' is mandatory and not discretionary; and the word 'may' is permissive;
.3
Words used in the present tense shall include the future; and words used in the singular
number shall include the plural and the plural shall include the singular, unless the
context clearly indicates the contrary;
.4
A 'Building' or 'Structure' includes any part thereof.
1.6
PERMITS REQUIRED
This By-law does not relieve any person or corporation from the necessity of obtaining
any permits that may be required under other legislation or regulation from the
Municipality, the County of Bruce, the Province of Ontario or the Government of Canada.
1.7
ENTRY AND INSPECTION
Upon reasonable grounds, an officer duly appointed by the Corporation may enter and
inspect any property on, or in respect of which, he or she believes a contravention of
this By-law is occurring subject to the requirements and prescriptions of Section 49 and
49.1 of the Planning Act, R.S.0. 1990 chapter P.13, as amended.
1.8
VIOLATIONS AND PENALTIES
Every person who contravenes or who causes or permits any contravention of any of the
provisions of this By-law is guilty of an offence and on conviction is liable to the
penalties prescribed by Section 67 of the Planning Act, R.S.0. 1990 chapter P.13, as
amended.
Explanatory Note:
The following is an excerpt from Section 67 of The Planning Act, R.S.O. 1990:
67. (1) Penalty - Every person who contravenes Section 41, Section 46, subsection
49 (4) or Section 52 or who contravenes a By-law passed under Section 34 or 38 or an
order made under section 47 and, if the person is a corporation, every director or
Administration
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Municipality of Arran-Elderslie
officer of the corporation who knowingly concurs in the contravention, is guilty of an
offence and on conviction is liable,
a) on a first conviction to a fine of not more than $25,000; and
b) on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
the person was first convicted. 1994, c. 2, s. 48.
(2) Corporation- Where a corporation is convicted under subsection (1), the maximum
penalty that may be imposed is,
a) on a first conviction a fine of not more than $50,000; and
b) on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has continued after the day on which the
corporation was first convicted, and not as provided in subsection (1).
(3) Order of prohibition - Where a conviction is entered under subsection (1), in
addition to any other remedy or any penalty provided by law, the court in which the
conviction has been entered, and any court of competent jurisdiction thereafter, may
make an order prohibiting the continuation or repetition of the offence by the person
convicted. R.S.O. 1990, c. P.13, s. 67 (2, 3).
1.9
VALIDITY/SEVERABILITY PROVISION
Should any section, subsection, sentence, clause, phrase or provision of this By-law be
held by a court of competent jurisdiction to be invalid, the validity of the remainder of
the By-law shall not be affected.
1.10
LICENSES, PERMITS AND OTHER BY-LAWS
Nothing in this By-law shall exempt any person from complying with the requirements
of the Building By-law and the Ontario Building Code or any other By-law, Regulation, or
Act in force with the Corporation, County, Provincial or Federal government or from
obtaining any licence, permission, permit, authority or approval required by this or any
other By-law of the Corporation, County, Provincial or Federal government unless
hereinafter specifically stated.
1.11
GREATER RESTRICTIONS OF OTHERS TO GOVERN
Nothing in this By-law shall reduce the severity of restrictions lawfully imposed by a
government authority having jurisdiction to make such restrictions.
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Municipality of Arran-Elderslie
1.12
PLAN OF SUBDIVISION
Notwithstanding any of the provisions of this By-law, no building permits are to be
issued for any lands for which a plan of subdivision has been submitted to the County of
Bruce, pursuant to Section 51 of the Planning Act, 1990, R.S.O. Chapter P.13 until such
time as the plan of subdivision has been registered.
1.13
EXAMPLES, ILLUSTRATIONS AND EXPLANATORY NOTES
Examples, Illustrations, Notes, Scoping Notes and Explanatory Notes are for the purpose
of clarification and convenience and do not form part of this By-law.
1.14
METRIC AND IMPERIAL MEASUREMENT
All measurement figures used in the By-law shall be metric measurement. The
approximate imperial equivalents to the metric measurements used in this By-law are
shown in brackets following each such metric measurement and are provided as an
'Explanatory Note'.
Definitions
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Municipality of Arran-Elderslie
Section 2 - Definitions
Definitions
'ABATTOIR' means a building, structure or place specifically designed or intended to
accommodate the temporary penning/or slaughtering of live animals and the preliminary
processing of animal carcasses and may include the packing, treating, storing and sale of the
product on the premises.
'ACCESSORY' means a use, building or structure subordinate, incidental and exclusively devoted
to the principal use, building or structure located on the same lot therewith and not designed or
intended for human habitation unless specifically permitted elsewhere in this By-law.
'ADVENTURE GAME' means lands, buildings or structures used for sport or recreation whereby
the participants engage in mock battles to capture a flag, paintball games or similar activities.
'AGRICULTURAL PRODUCE WAREHOUSE' means a building or part of a building used for the
storage of agricultural produce and may include facilities for wholesale distribution or an
accessory retail commercial outlet for the sale of such agricultural produce to the general
public.
'AGRICULTURALLY RELATED COMMERCIAL/INDUSTRIAL USE' for the purposes of Minimum
Distance Separation guideline calculations means a use directly related to agriculture and
necessarily in close proximity to farm operations such as animal husbandry services, produce or
grain storage facilities or farm machinery sales and service outlets.
'AGRICULTURAL GENERAL' means the growing of crops, including nursery and horticultural
crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and
fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm
buildings and structures.
'AGRITAINMENT' means the use of land, buildings or structures for the purpose of a 'u-pick'
fruit and/or vegetable operation, food preparation and service that is associated with the
primary agricultural use on the land only, livestock shows/demonstrations, plowing matches,
maze(s), sleigh/wagon rides, and other entertainment all of a temporary or seasonal nature, but
shall not include any other use herein defined.
'ALTER' when used in reference to a building or part thereof, means to change any one or more
of the internal or external dimensions of such building or to change the type of construction of
the exterior walls or roof thereof. When used in reference to a lot, the word 'alter' means to
change the width, depth, or area of any required yards setback, landscaped open space or
parking area, to change the location of any boundary of such lot with respect to a street, private
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Municipality of Arran-Elderslie
street, lane, whether such alteration is made by conveyance or alienation of any portion of said
lot, or otherwise. The word 'altered' and 'alteration' shall have a corresponding meaning.
'APARTMENT BUILDING' means a dwelling that contains five or more residential dwelling units
that have a common entrance from street level and are served by a common corridor or hallway
from inside.
'ARTISAN STUDIO' means a building, structure or place used as the workplace of a
photographer, craftsperson or artist and may include the display and sale of their products
along with accessory items.
'ASSEMBLY HALL' means a building, structure or place in which facilities are provided for such
purposes as meetings for civic, educational, political or social purposes and may include
functions involving the consumption of food and drink.
'ATTACHED' when used in reference to a building, means a building otherwise complete in itself
that depends for structural support or complete enclosure upon a division wall or division walls
shared in common with adjacent building or buildings.
'AUTOMOBILE CAR WASH' means a lot, building or structure used solely for the washing and
cleaning of motor vehicles and shall not include any other automobile use defined in this By-
law.
'AUTOMOBILE GAS BAR' means a lot containing facilities for the storage and sale of fuel, and
may include a structure of not greater than 18.5 square metres used for the sale of fuel but
shall not include any other automobile use defined in this By-law.
'AUTOMOBILE REPAIR ESTABLISHMENT' means a lot, building or structure used for the servicing,
repair, cleaning, polishing, oiling and greasing of 'motor vehicles' and may include motor
vehicle body repair, painting, the sale of automotive accessories and related products and the
leasing or renting of 'motor vehicles', but shall not include any other automobile use defined in
this By-law.
'AUTOMOBILE SALES ESTABLISHMENT' means a lot, building or structure used for the display
and sale of new or used 'motor vehicles' and may include the servicing, repair, cleaning,
polishing, oiling and greasing of motor vehicles, and may include motor vehicle body repair,
painting, the sale of automotive accessories and related products and the leasing or renting of
'motor vehicles', but shall not include any other automobile use defined in this By-law.
'AUTOMOBILE SERVICE STATION' means a lot, building or structure used for the servicing,
repair, cleaning, polishing, oiling and greasing of 'motor vehicles' and may include motor
vehicle body repair, painting, the sale of automotive accessories and related products and the
Definitions
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Municipality of Arran-Elderslie
leasing or renting of 'motor vehicles', and a 'Automobile Gas Bar' but shall not include any
other automobile use defined in this By-law.
'AUTOMOBILE WRECKING YARD' means a lot, building or structure used for the wrecking or
dismantling of 'motor vehicles' and 'commercial motor vehicles' and for the storage and sale of
scrap material, salvage and parts obtained therefrom but does not include any other automobile
use defined in this By-law or a 'Salvage Yard'.
'BASEMENT' means that portion of a building or structure partially below ground level and
having at least 50% of its height above average finished grade.
'BED & BREAKFAST ESTABLISHMENT' means a Home Occupation operated as per Section 3.10.
'BOAT HOUSE' means a building or structure or part thereof used for the storage of private
boats and equipment accessory to their use, as an accessory use to a residential use, no part of
which shall be used as a dwelling or commercial purposes.
'BOAT LAUNCHING & DOCKING' means a structure that is used to take a boat into or out of a
navigable waterway, or to moor a boat. The definition includes a launching ramp, boat lift, or
dock but does not include any building or fuel pumps or any boat servicing, repair or sales
facility.
'BUILDING' means any structure other than a fence being a permanent edifice fixed to, or
supported by the soil, and used or intended to be used for the shelter, accommodation or
enclosure of persons, animals or chattels.
'BUILDING BY-LAW' means any 'Building By-law' within the meaning of the Ontario Planning Act
and the Ontario Building Code Act.
'BUILDING SETBACK' means the minimum horizontal distance between a lot line and the nearest
part of any building or structure on the lot.
'BULK FUEL DEPOT' means a lot, building or structure for the storage and distribution of fuels,
gases, oils, and wood and may include as an accessory use a commercial card/key lock facility
but shall not include any other use defined in this By-law.
'BULK SALES ESTABLISHMENT - AGRICULTURAL' means a lot, building or structures used for the
purposes of buying, selling, storing, grading and handling of seed, feed, fertilizer and other
agricultural products in bulk quantities and may include a cleaning and drying facility, scales,
and an administration building.
'BUS DEPOT' means a lot, building or structure where commercial motor vehicles pick up and
discharge fare paying passengers, and may include as an accessory use a ticket office, a
restaurant, luggage checking and/or parcel shipping facilities, and offices accessory to the
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Municipality of Arran-Elderslie
main use, but does not include the display or sale of any automobile or commercial motor
vehicle.
'BUSINESS OR PROFESSIONAL OFFICE' means a lot, building or structure in which one or more
persons are employed in the management, direction or conducting of an agency, business,
brokerage, or labour organization and includes a bank or trust company, post office, and a
government office but shall not include a 'Retail Store' or any other use herein defined.
'CAMPGROUND, FOUR SEASON' means a lot used year-round for the parking and use of
recreational travel trailers, park model trailers or other similar transportable accommodations,
but not including a mobile home. All sites will be used for seasonal or intermittent
accommodations and will not be used as a principal residence or permanent place of residence.
A Four Season Campground may include a swimming pool, convenience store, laundromat,
miniature golf course, playground, athletic play fields, tennis or badminton courts, and an
administrative building for the campground. Off-season storage of travel trailers, tent trailers,
or similar transportable accommodation shall be permitted.
'CAMPSITE' means a parcel of land within a campground intended for occupancy by motor
homes, travel trailers, tents or similar transportable accommodation together with all yards and
open space defined in this By-law, but shall not include a mobile home or park model trailer.
'CARPORT' means a covered structure attached to the wall of the principal building and used for
the storage of 'motor vehicles'.
'CATASTROPHE' for the purposes of Minimum Distance Separation guideline calculations means
an unanticipated, disastrous loss of part, or all, of a livestock facility due to fire, collapse, flood,
wind, or other such event.
'CELLAR' means the portion of a building or structure partially below ground level and having
51% or more of its height below average grade level.
'CEMETERY' means a cemetery, crematorium or columbarium within the meaning of The
Cemetery Act of Ontario.
'CENTRE LINE' means the centre line of any 'street', railway, roadway, 'lane', railway
right-of-way or 'private street'.
'CHIEF BUILDING OFFICIAL' means the officer or employee appointed by By-law of the
Corporation of the Municipality of Arran-Elderslie charged with the duty of enforcing the
provisions of the Building By-law of the Corporation, Building Code Act and its applicable
regulations.
Definitions
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Municipality of Arran-Elderslie
'CHILD CARE' means the temporary care for or supervision of a child including providing for a
child's safety, well-being or development, in the absence of the child's parent and for a
continuous period that does not exceed 24 hours, in accordance with the Child Care and Early
Years Act, 2014 including any amendments, or it successor, and provided at one of the
following:
i.
"CHILD CARE CENTRE" means a premises operated by a person who is licensed by the
province to operate a child care centre at the premises.
ii. "HOME CHILD CARE" means a premises operated at a dwelling by one or more child care
provider(s) that are regulated by a home child care agency.
iii. "UNLICENSED CHILD CARE" means child care provided at a premises that is not a "child
care centre", or "home child care", or a private school within the meaning of the
Education Act. (By-law 32-2016 Day Care Act update, Z-19-16.39)
'CLINIC' means a lot, building, or structure that is used by physicians, dentists or physical or
mental health practitioners and their staff for the purpose of consultation, diagnosis and
treatment of out-patients and may include administrative offices, waiting rooms, treatment
rooms, laboratories, pharmacies, and dispensaries directly associated with the facility.
'COMMERCIAL MOTOR VEHICLE' means a vehicle having a gross weight or registered gross
weight of more than 4500 kilograms, or a bus capable of carrying more than 10 passengers but
shall not include an ambulance, a fire truck/apparatus, a hearse, a motor home, travel trailers
or a vehicle commonly known as a tow truck.
'COMMERCIAL MOTOR VEHICLE REPAIR ESTABLISHMENT' means a lot, building or structure used
for the servicing, repair, cleaning, washing, polishing and greasing of 'commercial motor
vehicles' and 'truck-trailers' and may include body repair, welding and painting but shall not
include any other automobile use defined in this By-law.
'COMMERCIAL MOTOR VEHICLE SALES ESTABLISHMENT' means a lot, building or structure used
for the display and sale of new or used 'commercial motor vehicles' and 'truck-trailers' and
may include the servicing, repair, cleaning, washing, polishing and greasing of commercial
motor vehicles and truck-trailers, the sale of commercial motor vehicle and truck-trailer
accessories and related products and the leasing of commercial motor vehicles and truck-
trailers, but shall not include any other automobile use defined in this By-law.
'COMMERCIAL USE' means the use of land, building or structure for the purpose of buying
and/or selling commodities and supplying services, such as automotive service stations, car
washes, convenience retails shops, Hotel/Motel, shopping centers and supermarkets.
'COMMERCIAL COLLEGE' means a lot, building or structure used for a private career college
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Municipality of Arran-Elderslie
operating under the Private Career Colleges Act S.O. 2005.
'COMPOSTING FACILITY' means an industrial use whose primary purpose is the composting of
food, and/or organic materials, and/or sewage sludge but shall not include the composting of
animal or livestock remains.
'CONSERVATION AREA' means an area of land owned by a public authority and managed for the
purposes of preserving and improving the natural features of the environment and without
limiting the foregoing may include such uses as a picnic area, historic site, athletic fields,
camping, interpretive centre, maintenance buildings and other such similar uses.
'CONTRACTOR'S YARD' means a lot, building or structure used by a construction company or
contractor as a depot for the storage and maintenance of equipment used by the company or
contractor but does not include the wholesale or retail sale of construction materials or
supplies, home improvement supplies or a 'Trades Person's Shop'.
'CONSTRUCTION TRAILER' means a building or structure that is designed to be made mobile
and drawn by a separate vehicle, and is used for the purpose of storage or administration on a
site while building construction is taking place.
'CONVENIENCE STORE' means a building or structure not exceeding 140 square metres (1500
sq. ft.) of gross floor area in which articles for sale are restricted to a limited range of primarily
food items such as milk, bread, soft drinks, ice cream, canned and bottled goods, snacks and
candy, frozen meat and to complement such items may include the sale of magazines,
toiletries, tobacco products. A convenience store may also include a catalogue outlet,
pharmacy, post office outlet or similar ancillary uses.
'CORPORATION' means The Corporation of the Municipality of Arran-Elderslie.
'CO-SUBSTRATE INPUT TANK (CSIT)' for the purposes of Minimum Distance Separation guideline
calculations means a storage for containing permitted non-agricultural wastes that will be
blended with manure in an on-farm anaerobic digester in order to increase biogas production.
'COUNCIL' means the Municipal Council of the Corporation.
'COUNTY' means the Corporation of the County of Bruce.
'CROSS COUNTRY SKI FACILITY' means the use of land, buildings or structures for the purpose
of providing facilities for the sport of cross country skiing and which may include a 'restaurant',
maintenance buildings, and administration building(s) if located on the same property and are
considered accessory uses.
'DAY NURSERY' see "CHILD CARE" (removed By-law 32-2016 Day Care Act update, Z-19-16.39)
Definitions
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Municipality of Arran-Elderslie
'DIGESTATE' for the purposes of Minimum Distance Separation guideline calculations means the
end product from the anaerobic digestion of manure (and permitted co-substrate input tank
materials) that has a significant reduction in pathogens and odour.
'DRIVEWAY' means a vehicular passageway having at least one end thereof connected to a Class
1 or Class 2 Street and providing ingress to and/or egress from a lot.
'DWELLING' means one or more rooms used or intended for the domestic use of one or more
individuals living as a single housekeeping unit that is provided with cooking, living, sleeping
and sanitary facilities. A dwelling shall not include any mobile home, park model trailer,
construction trailer, travel trailer, hotels/motels, or hospital.
(a)
'DWELLING, ACCESSORY APARTMENT' means a dwelling subordinate and incidental to
the principal building or structure located on the same lot therewith, and which is
constructed as part of the permitted Non-Residential Use principal building or structure.
(b)
'DWELLING, ACCESSORY DETACHED' means a dwelling detached from and subordinate
and incidental to the principal use, building or structure located on the same lot
therewith.
(c)
'DWELLING, ACCESSORY DETACHED AGRICULTURE' means a 'Dwelling Single Detached,
or 'Dwelling, Duplex', or 'Dwelling, Semi-Detached' subordinate to and incidental to the
principal agricultural use on the same lot therewith.
(d)
'DWELLING, COTTAGE' means a residential dwelling not located on a Class 1 Street
notwithstanding that it may be designed and/or constructed for year round or
permanent human habitation.
(e)
'DWELLING, DUPLEX' means a residential dwelling on a lot that is divided into two
separate dwellings each of which has an independent entrance either directly from the
outside or through a common vestibule.
(f)
'DWELLING, MULTIPLE' means a residential dwelling that is divided into three but not
more than five dwelling units wherein each unit is accessed by way of a common
entrance and an internal staircase or hallway from inside.
(g)
'DWELLING, NON-FARM' means a residential dwelling not located on the same lot as an
agricultural use.
(h)
'DWELLING, SEMI-DETACHED' means two attached residential dwellings divided vertically
by a common wall, each of which has an independent entrance directly from the outside,
and where each dwelling is located on a separate lot.
Definitions
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Municipality of Arran-Elderslie
(i)
'DWELLING, SINGLE DETACHED' means a residential dwelling constructed and used as a
principle residence of the owner or occupant thereof and is intended for permanent
occupancy and is designed and/or constructed for year round or permanent human
habitation.
(j)
'DWELLING, TOWNHOUSE' means a residential dwelling divided vertically into three or
more residential dwelling units, each dwelling unit having an independent front and rear
entrance immediately abutting the front and rear walls of each dwelling unit:
(1)
'DWELLING, TOWNHOUSE STREET' means a Townhouse Dwelling where each
dwelling unit has frontage onto a Class 1 or Class 2 roadway.
(2)
'DWELLING, TOWNHOUSE CLUSTER' means a Townhouse Dwelling where each
dwelling unit does not have frontage onto a Class 1 or Class 2 roadway.
'EDUCATIONAL FACILITY' means a school operating under the Education Act RSO 1990.
'EMPTY LIVESTOCK FACILITY' for the purposes of Minimum Distance Separation guideline
calculations means a livestock facility that does not currently contain any manure, house any
livestock, or contain organic material used for anaerobic digesters.
'ERECT' when used in this By-law includes building, construction, reconstruction and relocation
and, without limiting the generality of the word, also includes:
(a)
any preliminary physical operation, such as excavating, filling or draining;
(b)
altering any existing building or structure by an addition, enlargement, extension or
other structural change;or
(c)
any work for the doing of which a building permit is required under The Ontario Building
Code.
'ERECTED' AND 'ERECTION' shall have a corresponding meaning.
'EXISTING' unless otherwise indicated, means legally existing on the date of passing of this By-
law.
'EXISTING LIVESTOCK FACILITY' for the purposes of Minimum Distance Separation guideline
calculations means a livestock facility, or a portion of a livestock facility, intended for keeping
or housing of livestock and containing one or more barns or structures and includes manure or
material storage, whether associated with a livestock facility or not, and anaerobic digesters,
which have already been constructed.
'EXPANDED LIVESTOCK FACILITY' for the purposes of Minimum Distance Separation guideline
calculations means any building activity to construct or expand a livestock facility that requires
Definitions
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Municipality of Arran-Elderslie
a building permit and results in an increase, or decrease, in Nutrient Unit capacity on a lot,
where there already was some existing Nutrient Unit capacity.
'EXISTING, LOT' unless otherwise indicated, means existing on the date of passing of this By-
law.
'FACTORY SALES OUTLET' means an accessory use to an 'Industrial Use' in which the goods,
wares, or merchandise manufactured on the premises are offered for sale.
'FARM IMPLEMENT ESTABLISHMENT' means the use of land buildings or structures for the sale
of, storage or repair of new or used agricultural equipment and machinery directly associated
with the operation of a farm and may include as an accessory use the display, sale, storage,
servicing, and repair of snowmobiles, ATV's, small engines, and lawn care equipment and
related products but does not include any other use(s) defined herein.
'FARM IMPLEMENT REPAIR' means the use of land, buildings or structures for the sale of,
storage or repair of new or used agricultural equipment and machinery directly associated with
the operation of a farm but does not include any other use(s) defined herein.
'FARMERS MARKET' means a lot, building or structure where food and farm related products are
sold at retail from either open air areas designated for individual retailers or within designated
buildings or structures and may include the sale of arts and crafts as an ancillary use.
'FIRST LIVESTOCK FACILITY' for the purposes of Minimum Distance Separation guideline
calculations means any building activity to construct a livestock facility that requires a building
permit and results in an increase in Nutrient Unit capacity on a lot, where there was no existing
Nutrient Unit capacity.
'FITNESS CENTRE' means a building in which facilities are provided for recreational athletic
activities including but not limited to body-building and exercise classes, and may include
associated facilities such as a sauna swimming pool and solarium.
'FOOD PROCESSING, PRIMARY' means the use of lands, buildings or structures for a 'Industrial
Use, Dry' where orchard, berry, row or field crops are washed, cleaned, screened, sifted graded,
waxed, or crushed but excludes any further processing.
'FOOD PROCESSING, SECONDARY' means the use of lands, buildings or structures for a
'Industrial Use, Dry' where agricultural produce including orchard, berry, row, field crops, meat
and poultry products, are washed, cleaned, dusted, waxed, cooked, steamed, fermented or
otherwise prepared and packaged and may include the storage and sale of the finished product
on the premises but shall not include an abattoir or any other use defined herein.
Definitions
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Municipality of Arran-Elderslie
'FORESTRY/SILVICULTURE' means the management and care of trees and the harvesting of them
or parts thereof for commercial purposes, and without limiting the generality of the foregoing
includes the use of a saw mill provided the timber being milled originates on the same parcel of
land the saw mill is operating.
'FUNERAL HOME' means a commercial use for the purpose of furnishing funeral supplies and
services to the public and includes facilities for the preparation of dead human bodies for
interment or cremation.
'GARDEN CENTRE' means the use of land, buildings or structures where trees, shrubs, plants
are grown or stored for the purpose of transplanting or for the purpose of retail sale or
wholesale, and may include the sale of soil, planting materials, fertilizers or similar materials,
lawn and garden equipment or lawn furnishings.
'GARDEN SUITE' means a one-unit detached residential structure containing bathroom and
kitchen facilities that is ancillary to an existing residential structure and that is designed to be
portable. No more than one garden suite shall be permitted on any lot. (By-law 23-2013, AE
HSKP 3, Z-3-2013.49 22 April 2013)
'GOLF COURSE' means a public or private area operated for the purpose of playing golf and may
include a 'Miniature Golf Course', 'Restaurant', 'Golf Driving Range', maintenance buildings and
administration buildings.
'GOLF COURSE, MINIATURE' or '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 driving range or golf course.
'GOLF DRIVING RANGE' means an open air facility where the sport of golf is practised from
individual tees and which may include accessory structures to house the tees, a kiosk for golf
balls and golf club rentals and a structure from which the golfers tee-off.
'GRADE'
(a)
When used with reference to a building or structure, means the average finished ground
elevation immediately adjoining the wall or walls in question or the base of the structure
exclusive of any artificial embankment.
(b)
When used with reference to a 'street', means the finished elevation of such 'street',
road or highway as established by the Corporation or other authority having jurisdiction.
'GROSS FLOOR AREA' means in the case of a dwelling, the aggregate of all habitable rooms
measured from the inside face of the exterior walls, but excluding areas such as a parking
garage/structure, carport, porch and/or verandah, breezeway, unenclosed sun room, attic or
cellar. In the case of a building other than a dwelling shall mean the aggregate of the area of all
Definitions
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Municipality of Arran-Elderslie
floors measured from the inside face of the exterior walls but shall not include mezzanine
areas, mechanical rooms, common walls, stair wells, garbage and electrical rooms, parking
structures and similar uses ancillary to the main use.
'GROUND FLOOR AREA' means the area of a building measured from the inside face of the
exterior walls at grade excluding in the case of a dwelling, areas such as a parking
garage/structure, carport, porch and/or verandah, sun room (unless such sun room is habitable
at all seasons of the year), and any other non-habitable areas.
'GROUP HOME - TYPE ONE' means a building or structure in which not more than five (5)
residents with special care needs such as: seniors, individuals who are developmentally and/or
physically challenged or mentally ill, individuals requiring respite or convalescent care; live
under responsible supervision consistent with the requirements of its residents. Residents do
not include supervisory staff or a receiving family.
'GROUP HOME - TYPE TWO' means a building or structure in which not more than five (5)
residents who have been placed on probation under the statutes of Ontario or Canada, who
have been released on parole under the statutes of Ontario or Canada, individuals recovering
from substance abuse, or who are admitted to the Group Home for correctional purposes
reside. Residents do not include supervisory staff. A Group Home - Type Two is licensed and/or
funded under Federal or Provincial Statute and in compliance with applicable Municipal By-laws.
'HEIGHT' when used with reference to a building or structure means the vertical distance
between the average grade at the front of such building or structure to the highest point
therein exclusive of any ornamental dome, chimney, tower, cupola, steeple, Place of Worship
spire, water storage tank, electrical apparatus, television or radio antenna, or structure for the
mechanical equipment required for the operation of such building or structure. Without
limiting the generality of the foregoing, the highest point shall be taken as:
(a)
In the case of a flat roof, the highest point of the roof surface or parapet, whichever is
the greater;
(b)
In the case of a mansard roof, the deck roof line;
(c)
In the case of a gable, hip or gambrel roof, the mean height between the eaves and the
ridge.
(d)
Where the height is designated in terms of storeys, it means the designated number of
storeys above and including the first storey.
"HIGH WATER MARK" means the mark made by the action of water under natural conditions on
the shore or bank of a body of water, which action has been so common and usual and so long
continued that it has created a difference between the character of the vegetation or soil on one
side of the mark and the character of the vegetation or soil on the other side of the mark.1
Definitions
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Municipality of Arran-Elderslie
'HOME INDUSTRY' means an occupation or business conducted for gain or profit as a secondary
use to the main permitted use within a dwelling and/or accessory building and operated as per
Section 3.11.
'HOME OCCUPATION' means an occupation or business conducted for gain or profit as a
secondary use to the main permitted use within a dwelling and operated as per Section(s) 3.9 or
3.10.
'HOTEL/MOTEL' means a building or structure used primarily for the purposes of catering to
the needs of the traveling public by furnishing temporary or transient sleeping accommodation
and having 6 or more guest rooms. A Hotel/Motel may include permanent staff quarters,
meeting rooms, recreational facilities, 'Restaurant', and housekeeping units, but does not
include any other establishments otherwise defined or classified in this By-law.
'INDUSTRY, LIGHT' means the use of land, buildings or structures for the purpose of an
'Industrial Use' which is wholly enclosed within a building or structure, except for parking and
loading facilities and outside storage accessory to the permitted uses, and which in its
operation does not result in emission from the building of odours, smoke, dust, gas, fumes,
noise, cinder, vibrations, heat, glare or electrical interference.
'INDUSTRIAL MALL' means a building or structure held in single ownership, or by participants in
a condominium Corporation or cooperative, and divided into units for separate occupancy by
different permitted industrial uses for which common loading, parking and waste collection
facilities and other common services may be provided and where no individual occupant is
identifiable· as a dominant occupant of the building. (By-law 67-2017, Source Water Update Z-
65-17.49)
'INDUSTRIAL USE' means the use of any land, building or structure for the purpose of
manufacturing, producing, grading, cleaning, washing, compounding, processing, packaging,
crating, bottling, packing, making, preparing, inspecting, ornamenting, finishing, treating,
altering, or assembling of raw or semi-processed or fully processed goods or materials as
distinguished from the buying and selling of commodities and the supplying of personal
services or any other use herein defined.
'INDUSTRIAL USE, DRY' or 'DRY INDUSTRIAL USE' means an 'Industrial Use' which does not
utilize process waters and which does not produce waste waters from the industrial process or
utilizes a closed loop/recycled water system which does not produce waste waters from the
industrial process and includes such uses as welding shops, blacksmith shops, wood
fabricating, warehousing or similar uses.
'INSTITUTIONAL USE' means the use of land, buildings, structures or portions thereof, for public
Definitions
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Municipality of Arran-Elderslie
or social purposes and, without limiting the generality of the foregoing, may include
governmental, religious, educational, charitable, philanthropic, hospitals, nursing homes, public
or private schools and child care, or other similar uses.
'KENNEL' means a place where dogs are bred and raised and are sold or kept for sale or
boarded.
'LANDSCAPED OPEN SPACE' means the area of a lot which is at grade and used for the growth
and maintenance of grass, flowers, trees, shrubbery, natural vegetation and indigenous species
and other landscaping but does not include any surfaced walk, surface patio or similar area,
driveway, curb, or parking area.
'LANE' means a 'street' or 'private street' that affords only a secondary means of access to the
lots abutting thereon.
'LIVESTOCK' means dairy, beef, swine, poultry, horses, goats, sheep, ratites, fur-bearing
animals, deer & elk, game animals, birds, and other animals identified in Table 1 of the
Minimum Distance Separation formulae.
'LIVESTOCK ASSEMBLY YARD' means a lot, building, structure or confined land area for
temporarily holding livestock for shipping.
'LIVESTOCK AUCTION BARN' means a lot, building, structure or confined land area used as a
livestock auction facility and may include the auction of agriculturally related chattels on an
incidental or accessory basis only.
'LIVESTOCK FACILITY' means one or more barns or permanent structures with livestock-
occupied portions, intended for keeping or housing of livestock. A Livestock Facility also
includes all manure or material storage and anaerobic digesters.
'LIVESTOCK HOUSING CAPACITY' means the maximum Livestock capacity for all facilities on a
lot at any time, even if currently empty but able to house Livestock.
'LIVESTOCK OCCUPIED PORTION' for the purposes of Minimum Distance Separation guideline
calculations means those parts of Livestock Facilities where Livestock spend the majority of
their time, allowing substantial amounts of manure to accumulate, but does not include feed
preparation rooms, milking centres, offices, washrooms, riding arenas, Livestock loading
chutes, or Livestock assembly areas.
'LOADING SPACE' means an off-street space on the same lot as the building, or contiguous to a
group of buildings for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials.
'LOT' means a parcel of land that can be conveyed without further approval.
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
'LOT AREA' means the total horizontal area within the lot lines of a lot, excluding the horizontal
area of such lot permanently covered by water. In the case of corner lots having a 'street' line
rounding of a radius 6.0 metres (20 ft.) or less, the lot area of such lot shall be calculated as if
the lot lines were produced to their point of intersection.
'LOT, CORNER' or 'CORNER LOT' means a Lot situated at the intersection of and abutting two or
more streets, or parts of the same street, including any reserve area where the inside angle of
intersection or projected angle at intersection of the tangents of the street lines is less than 135
degrees except for a Lot located at the commencement of a cul-de-sac where the angle
exceeds 135 degrees.
'LOT COVERAGE' means that percentage of the lot area covered by buildings or structures,
including accessory buildings or structures above finished grade level and permanent above or
below ground swimming pools but shall not include sewage disposal systems.
'LOT FRONTAGE' means the horizontal distance between the side lot lines, measured along the
front lot line, but where the front lot line is not a straight line or where the side lot lines are not
parallel, the lot frontage is to be measured by a line set at the 'front yard setback' requirement
of the applicable zone back from and parallel to the chord of the lot frontage and for the
purpose of this definition the chord of the lot frontage is a straight line joining the two point
where the side lot lines intersect the front lot line.
'LOT, INTERIOR' or 'INTERIOR LOT' means a lot other than a corner lot and having frontage on
one 'street' only.
'LOT LINE' means any boundary of a lot.
'LOT LINE, EXTERIOR 'or 'EXTERIOR LOT LINE' means any lot line other than a front lot line or
rear lot line abutting a 'street', or 'lane'.
'LOT LINE, FRONT' or 'FRONT LOT LINE' in the case of an interior lot, means the line dividing
the lot from a 'street', or 'lane'. In the case of a corner lot, the shorter lot line abutting a
'street' shall be deemed the front lot line and the longer lot line abutting a 'street' shall be
deemed an exterior lot line. In the case of a 'through lot', each lot line dividing the lot from a
'street', 'private street', or 'lane' shall be deemed to be a 'front lot line'.
'LOT LINE, REAR' or 'REAR LOT LINE' means the lot line farthest from and opposite to the front
lot line or where the lot is triangular, the point of intersection of the side lot lines.
'LOT LINE, SIDE' or 'SIDE LOT LINE' means any lot line other than a front lot line or rear lot line.
'LOT, THROUGH' or 'THROUGH LOT' means a lot bounded on opposite sides by a 'street',
'private street', or 'lane' but does not include a corner lot.
Definitions
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Municipality of Arran-Elderslie
'MAIN BUILDING' means the building designed or used for the principal use on the lot.
'MARINE, RECREATION AND SMALL ENGINE ESTABLISHMENTS' means a building, structure
and/or lot used for the display, sale, storage, servicing, repair, cleaning, polishing and
lubricating of boats, motorcycles, snowmobiles, ATV's, lawn care equipment, marine engines
and related products, or the leasing or renting of any of the above.
'MANURE OR MATERIAL STORAGE' means a permanent storage(s), which may or may not be
associated with a livestock facility containing liquid manure (<18% dry matter), solid manure (≥
18% dry matter), or digestate. Permanent storages may come in a variety of:
locations (under, within, nearby, or remote from barn);
materials (concrete, earthen, steel, wood);
coverings (open top, roof, tarp1 or other materials);
configurations and shapes; and
elevations (above, below or partially above grade).
'METEOROLOGICAL TOWER' means a free standing tower, pole, mast or removable mast, that
supports instruments for measuring meteorological properties such as wind velocity, wind
direction, vertical wind speed, solar radiation, temperature, etc.
"MINERAL AGGREGATE OPERATION" means lands under license or permit, other than for wayside
pits and quarries, issued in accordance with the Aggregate Resources Act, or successors
thereto.
'MINIMUM DISTANCE SEPARATION FORMULA' means a formula developed by the Province of
Ontario to separate uses so as to reduce incompatibility concerns about odour from livestock
facilities.
'MOBILE HOME' means any dwelling that is designed to be made mobile, and constructed or
manufactured to provide a permanent residence for one or more persons, but does not include
a travel trailer or tent trailer or trailer otherwise designed. A mobile home shall be
distinguished from other forms of prefabricated transportable housing by reason of a design
which is in accordance with Regulation Z-240.2.1-1979 of the Canadian Standards Association,
as amended from time to time. (By-law 23-2013, AE HSKP 3, Z-3-2013.49 22 April 2013)
'MOBILE HOME SITE' means land within a mobile home park intended for occupancy by one
mobile home together with all yards and open space required by this By-law.
'MOBILE HOME PARK' means land containing two or more mobile home sites and which is under
single management and ownership and which is designed and intended for residential or
seasonal use where such residential occupancy is in mobile homes exclusively. A mobile home
park may include an administrative and sales office for the mobile home park and a recreation
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
building for the exclusive use of residents of the mobile home park.
'MOBILE HOME PARK OPEN SPACE' means a space within a mobile home park designed and
intended as a place of recreation for the common use by the residents of such mobile home
park, and which may or may not be open to the general public on an equal basis.
'MOBILE HOME PARK ROAD' means a space within a mobile home park designed and intended
as a means of vehicular access to abutting mobile home site(s); such mobile home park road
may or may not be open to the general public on an equal basis.
'MOTOR HOME' means a self-propelled motor vehicle used exclusively for travel, recreation and
vacation and which is capable of being used for the temporary sleeping, eating and
accommodation of persons.
'MOTOR VEHICLE' means a vehicle for which a permit has been issued under vehicle permit
legislation that is: an automobile, a motor home, a motorcycle, a bus or truck having a gross
weight or registered gross weight of less than 4500 kilograms, a bus capable of carrying less
than 10 passengers, or a trailer other than a 'truck-trailer'.
'MULTIPLE RESIDENTIAL' for the purposes of Minimum Distance Separation guideline
calculations means three or more residential units in the same structure.
'MUNICIPAL DRAIN' means a drainage work as defined by The Drainage Act, R.S.O 1990, as
amended from time to time.
'MUNICIPAL DRAIN, OPEN' means a 'municipal drain' that is not enclosed in a pipe, culvert or
similar means of conveyance but shall not include a covered drainage work.
'NON-CONFORMING' means a building or structure, which is used for purposes not permitted
by this By-law.
'NON-COMPLYING' means a permitted use, building or structure, which does not comply with a
provision or provisions of this By-law.
'NON-FARM LOT' means a lot that is less than 4.0 hectares (9.9 ac.) in size.
'NON-RESIDENTIAL' means designed, intended or used for a purpose other than a dwelling or a
mobile home.
'NUISANCE' means any condition existing that is or may become injurious or dangerous to
health or that prevents or hinders or may prevent or hinder in any manner the suppression of
disease.
'NUTRIENT UNIT (NU)' means an amount of nutrients that give a fertilizer replacement value of
the lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient (as defined in
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
Ontario Regulation 267/03 made under the Nutrient Management Act, 2002).
'OPEN STORAGE' means the keeping or storage of goods, merchandise or equipment, in the
open air and in unenclosed portions of buildings, which are open to the air on the sides. Open
Storage does not include motor vehicles, commercial motor vehicles, travel trailers, boats,
recreational vehicles, tractors and other similar on or off road vehicles provided all are in
working order and are displayed for retail/wholesale purposes.
'OUTDOOR DISPLAY' means a portion of a lot used for the display or exhibition in an orderly
manner, completely assembled or finished products sold by the principle use located on the
same lot.
'PARK MODEL TRAILER' means a recreational unit, constructed to a seasonal occupancy
standard.
'PARKING AREA' means that part of a lot required to satisfy the Off Street Parking Regulations of
this By-law but shall not include any other parking use defined herein.
'PARKING LOT' means an area provided for the parking of motor vehicles and/or commercial
motor vehicles and includes aisles, parking spaces and related ingress and egress lanes but
shall not include any part of a 'street' 'private street', or 'lane'.
'PARKING SPACE' means a space enclosed in a principal or accessory building or unenclosed,
that is available for the parking of a 'motor vehicle' and which is accessible from a 'street'
'private street', or 'lane'.
'PARKING SPACE, ANGLE' means a parking space which is accessed from an aisle or driveway
and which permits the entry or exit from said parking space without the need to travel over any
other parking space.
'PARKING SPACE, PARALLEL' means a parking space that is accessed from an aisle, street or
driveway that is beside and runs the same direction as the aisle, street or driveway.
'PERSON' means any human being, association, firm or partnership, incorporated company,
corporation, agent or trustee, and the heirs, executors or other legal representatives of a
person to whom the context can apply according to law.
'PERSONAL SERVICE SHOP' means a business that is associated with the grooming or health or
persons or the maintenance or repair of personal wardrobe articles and accessories and may
include a barber shop, beauty parlour, aestheticians, shoe repair, self service laundry, depots
for collecting dry cleaning and laundry and similar uses and where the retail sale of goods,
wares, merchandise or articles is only accessory to the provisions of such services.
Definitions
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Municipality of Arran-Elderslie
'PLACE OF ENTERTAINMENT' means a lot, building or structure, or part thereof, where facilities
are provided for entertainment or cultural activities and may include an auditorium, a motion
picture or other theatre, billiard or pool room, bingo hall, bowling alley, amusement arcade,
music hall or dance hall but shall not include an adult entertainment establishment or a body
rub establishment or massage parlour.
'PLACE OF WORSHIP' means any building dedicated to religious worship and may include as an
accessory use a hall, auditorium, Sunday school, convent, monastery, manse, or child care.
'PLANTING AREA' means the space on a lot upon which shrubs, trees, flowers, or grass are
grown in accordance with the provisions of this By-law.
'PORTABLE ASPHALT PLANT' means a facility with equipment designed to heat and dry
aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material
and includes stockpiling and storage of bulk materials used in the process, and which is not of
permanent construction but which is to be dismantled at the completion of the construction
project.
'PORTABLE CONCRETE PLANT' means a building or structure with equipment designed to mix
cementing materials, aggregate, water and admixtures to produce concrete, and includes
stockpiling and storage of bulk materials used in the process; and which is not of permanent
construction, but which is designed to be dismantled at the completion of the construction
project.
'PRINCIPAL' when used to describe a use, building or structure, means a use, building or
structure to which any other is subordinate and constitutes the main use of a lot therewith.
'PRINCIPAL BUILDING or STRUCTURE' means the building or structure in which is conducted the
principal use of the lot on which it is situated.
'PRIVATE GARAGE' means a detached accessory building or portion of a dwelling designed and
used for the sheltering of private motor vehicles, travel trailers, boats, and the storage of
household equipment incidental to the residential occupancy and in which no business,
occupation or service is conducted.
'PRIVATE STREET' means a right-of-way over private property that affords access to abutting
lots that is not under the jurisdiction of the Corporation, County or Province.
'PUBLIC BUILDING' means any building or structure owned or leased by the Corporation,
County, any local board or commission of either the Corporation or the County, any
Conservation Authority, any Ministry or Commission of the Province of Ontario or the
Government of Canada, and in which office or general administration activities are conducted
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
and may include a public library.
'PUBLIC GARAGE' means a lot, building or structure used by a county, municipal, provincial
government or 'public utility' for the storage and servicing of 'public utility' equipment;
vehicles; road construction and maintenance equipment; outdoor storage of utility poles, wire,
road construction materials and other assorted materials and may include an administration
office and fuel pumps.
'PUBLIC UTILITY' means any water works, sewerage works, gas works, electric heat, light or
power works, telegraph and telephone lines, cable television lines, and works for the
transmission of gas, oil, water or electrical power or energy, or any similar works supplying the
general public with necessary services or conveniences.
'PUBLIC UTILITY BUILDING' means a lot, building or structure used in conjunction with the
supply of a 'public utility' including a municipal water supply well, a water or sewage pumping
station, a water treatment facility, a water storage reservoir, a gas regulator building, a hydro
substation, a telephone building for exchange, long distance or repeater uses.
'RECREATIONAL USE - HIGH INTENSITY' for the purposes of Minimum Distance Separation
guideline calculations means a recreational use that usually includes buildings and/or a higher
density or concentration of human activity such as golf courses, sports fields, trailer parks,
campgrounds and conservation areas with facilities.
'RECREATIONAL USE - LOW INTENSITY' for the purposes of Minimum Distance Separation
guideline calculations means a recreational use that usually does not require buildings, does
not alter the soil or topography, and/or has a lower density or concentration of human activity
such as open space and environmental areas.
'RECREATIONAL FACILITY' means a lot, building or structure or part thereof used for
participatory athletic, recreational, physical fitness, leisure or social activity and includes one or
more of the following: arena, curling rink, community centre, bowling greens, 'Fitness Centre',
gymnasium, swimming pool, wading pool, interpretive centre, maintenance buildings in support
of the use or other such similar uses.
'PUBLIC PARK' means a lot, building or structure or part thereof or an area of land which is
operated by or for a public agency, and which may include therein one or more playground or
play fields, athletic fields, field houses, bleachers, wading pools, bandstands, outdoor ice
skating rinks, tennis or badminton courts, bowling greens, fairgrounds, picnic area, historic
site, maintenance buildings in support of the use or other such similar uses.
'RECYCLING CENTRE' means a facility that is not a 'salvage yard' and in which recoverable
resources such as electronics, newspapers, glassware, plastics, metal cans etc., are collected,
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
stored, flattened, crushed or bundled to be taken to another site for further processing.
'RECYCLING DEPOT' means a building, structure or lot used for the temporary collection of
recyclable materials prior to transhipment but does not include a 'recycling centre'.
'RESEARCH AND DEVELOPMENT CENTRE' means a building or structure used for systematic
research, data collection and manipulation, or technical or scientific development of
information or new products, and may include a research laboratory; but excludes industrial
and manufacturing operations other than those required as part of the research.
'RESIDENCE SURPLUS TO A FARMING OPERATION' means an existing farm residence that is
rendered surplus as a result of farm consolidation such as the acquisition of additional farm
parcels to be operated as one farm operation.
'RESIDENTIAL CARE FACILITY' means a building or structure 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.
'RESIDENTIAL USE' means the use or intended use of land, buildings or structures for human
habitation.
'RESTAURANT' means a building or structure or part thereof used to prepare food and offer for
sale for immediate consumption within the building or structure, or adjacent patio and may
include a 'Restaurant, Take-Out' and a 'Tavern'.
'RETAIL FLOOR AREA' means the aggregate of the areas of all rooms where goods and services
are made available for sale but shall not include storage areas or other commercial uses.
'RETAIL, LARGE FORMAT' means a structure, building or part thereof in which goods, wares,
merchandise, substances, articles or things are offered or kept for sale at retail provided the
building or structure in which the use is contained exceeds a gross floor area of 278.7 square
metres (3,000 sq, ft) and does not include any establishment otherwise defined or classified in
this By-law.
'RETAIL STORE' means a building or part of a building in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale at retail but does not include any
establishment otherwise defined or classified in this By-law.
'RIDING STABLE/EQUESTRIAN CENTRE' means the use of buildings or structures for the
boarding of horses, exercising of horses, the training of horses and riders, a tack shop, and the
staging of equestrian events, but shall not include the racing of horses.
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
'RURAL RESIDENTIAL CLUSTER': means four (4) or more, adjacent rural lots, one hectare or less
in total lot area, sharing a common contiguous boundary. Lots located directly across a road
from one another shall be considered as having a common boundary. Rural residential clusters
are not considered Settlement Areas, unless designated as such in a municipal official plan.
'SALVAGE YARD' means an establishment where goods, wares, merchandise, articles or things
are processed for further use, and where such goods, wares, merchandise, articles or things are
stored wholly or partly in the open and includes an 'Automobile Wrecking Yard'.
'SAW OR PLANING MILL' means a building, structure or area where timber is cut, sawed or
milled, either to finished lumber or as an intermediary step and may include facilities for the
kiln drying of lumber, an administrative office and the temporary storage of timber and the
finished product.
'SCHOOL BUS' means a vehicle for transporting persons to or from school as defined in the
Highway Traffic Act, R.S.O., Chapter 202, as amended.
'SCHOOL BUS STORAGE' includes a lot and/or premises for the storage of school buses.
'SETBACK' means the shortest horizontal distance from a specified line to the nearest part of
any building or structure on a lot.
'SETTLEMENT AREAS' for the purposes of Minimum Distance Separation guideline calculations
means urban areas and rural settlement areas within municipalities (such as cities, towns,
villages and hamlets) that are:
a) built up areas where development is concentrated and which have a mix of land uses;
and
b) lands which have been designated in an official plan for development over the long term
planning horizon provided for in policy 1.1.2 of the Provincial Policy Statement. In cases
where land in designated growth areas is not available, the settlement area may be no
larger than the area where development is concentrated.
'SEPTIC TANK SERVICE' means a lot, building or structure used for the temporary storage of
septage, the storage/rental of portable toilets/privy's and the sale of holding tanks and related
materials, the parking/servicing of sewage collection vehicles and an administration office. The
term septage includes septic tank solids, holding tank and portable toilet wastes from
Residential, Commercial, Institutional and Industrial Uses.
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
SEWAGE means:
a) "Communal Sewage Disposal System" means a system of underground conduits
operated privately which takes sewage to a place of treatment which meets with the
approval of the appropriate Approval Authority.
b) "Privy" means a Class I System as defined by regulations made under the Environmental
Protection Act.
c) "Sanitary Sewer" or "Municipal Sewer" means a system of underground conduits,
operated by a municipal corporation or by other approved agency which carries sewage
to a place of treatment which meets with the approval of the Ministry of the
Environment.
d) "Sewage Disposal System" means a Class 4 or Class 6 system or any other system
deemed acceptable as defined by regulations under the Building Code Act and/or the
appropriate Approval Authority.
e) "Sewage Treatment Works" means a facility that meets the approval of the appropriate
Approval Authority used for treatment of domestic, commercial and/or industrial
sewage."
'SIGHT VISIBILITY TRIANGLE' means an area free of motor vehicles, commercial motor vehicles,
buildings, planting areas or structures and which does not contain a fence, hedge or trees over
0.5 metres (20 inches) in height and which area is to be determined by measuring from the
point of intersection of property lines on a corner lot, the distance required by this By-law
along such 'street' line and joining such points with a straight line and the triangular-shaped
land between the intersecting 'street' lines and the straight line joining the points the required
distance along the 'street' lines.
'SITE PLAN' means a scale drawing prepared to illustrate the relation between the lot lines and
the uses, buildings or structures existing or proposed on a lot, including but not limited to such
details as parking areas, walkways, landscaped areas, lighting, building areas, minimum yards,
floor areas, easements, drainage contours, and areas for special uses.
'SNOWMOBILE CLUB' means lands, buildings or structures used exclusively by the members and
guests of a club for recreational activities. A snowmobile club is intended for recreational
purposes on a seasonal basis and shall not include provisions for overnight accommodations or
for the preparation and serving of full course meals.
'SOLID WASTE DISPOSAL SITE' means any land for which a valid 'Certificate of Approval' has
been issued, upon, into or through which solid waste is deposited or processed and any
machinery or equipment or operation for the treatment or disposal of waste, but does not
include the treatment or disposal of liquid commercial/industrial waste or hazardous waste.
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
'STORAGE CAPACITY' for the purposes of Minimum Distance Separation guideline calculations
means the maximum storage volume (measured as cubic feet or cubic metres) of all storages
for manure, or digestate treated through an anaerobic digester, on a lot at any time, even if
currently empty but able to store these materials.
'STOREY' means that portion of a building which is situated between the top of any floor and
the top of the floor next above it, and if there is no floor above it that portion between the top
of such floor and the ceiling above it.
'STREET' means a roadway or highway that is under the jurisdiction of the Corporation, County
or Province, which is constructed and maintained so as to allow normal vehicular access to
adjacent properties.
'STRUCTURE' means anything constructed either permanent or temporary, the use of which
requires location on or an attachment to something having location on the ground. Manure
storage/handling facilities and associated pits and lagoons are structures for the purposes of
this By-law. Retaining walls having a height greater than 1 metre are structures for the
purposes of this by-law. Fences, pavement, curbs, walkways or signs are not considered
structures for the purposes of this By-law. (By-law 23-2013, AE HSKP 3, Z-3-2013.49 22 April
2013)
'SWIMMING POOL' means a constructed reservoir of water having a depth of greater than 0.76
metres (2.5 ft.) at any point, and used and maintained for the purpose of swimming, wading,
diving or bathing.
'TAVERN' means an establishment operating under the Liquor License Act R.S.O. 1990, c. L.19,
where alcoholic beverages are sold to be consumed on the premises.
'TEMPORARY FARM ACCOMMODATION' means a separate building or Park Model trailer used
for the seasonal accommodation of workers in which lodging with or without meals is supplied
to such employees. (By-law 23-2013, AE HSKP 3, Z-3-2013.49 22 April 2013)
'TENT' means a temporary structure used for temporary human shelter that is not permanently
fixed to the ground and is capable of being moved.
'TILLABLE HECTARES' for the purposes of Minimum Distance Separation guideline calculations
means land, including pasture that can be worked or cultivated to grow crops.
'TRADES PERSON' means an individual employed in the building trades/construction industry
and includes but is not limited to bricklayers, stonemasons, carpenters, electricians, lathers,
painters, decorators and paper-hangers, plasterers, sheet metal workers, heating, plumbing,
air-conditioning, general contractor's, flooring, home decorator, or other similar trade, the like
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
which provides an installation service.
'TRADES PERSON'S SHOP' means a lot, building, structure or place where a 'Trades Person'
conducts business and may include office space and the outdoor storage of heavy equipment
and building materials and the retail sale of supplies used in their trade but does not include a
'Contractors Yard', 'Personal Service Shop' or 'Retail Store'.
'TRANSPORT DEPOT' means a lot, building, structure or place where trucks or tractor trailers
are rented, leased, kept for hire, or stored or parked for remuneration, or from which trucks or
transports, stored or parked on the property, are dispatched for hire as common carriers and
may include as an accessory use a commercial card/key lock facility.
'TRAVEL TRAILER' means a structure designed, intended and used exclusively for seasonal
travel, recreation and vacation and which is capable of being drawn by a motor vehicle and
includes tent trailers or similar transportable accommodation excepting a 'mobile home'.
'TRAVEL TRAILER SALES ESTABLISHMENT' means a lot, building, structure or place used for the
display and sale of 'mobile homes', 'park model trailers', 'motor homes', and 'travel trailers'
and includes the sale of accessory items and the servicing or repair of units.
'TRUCK-TRAILER' means any type of trailer vehicle that is hauled by a commercial motor vehicle
and is used primarily for the transportation of equipment and goods and for which a permit has
been issued under vehicle permit legislation including, a single or multi-axle semi-trailer where
part of the load is carried on the heavy truck by means of the upper and lower coupler assembly
and a full load bearing trailer
'URBAN EXPANSION' for the purposes of Minimum Distance Separation guideline calculations
means the outward expansion of cities, towns, villages and hamlets for such uses as residential,
commercial, recreational, institutional and industrial.
'USE' as a verb, means anything permitted by the owner or occupant of any land, building or
structure, directly or indirectly, or by or through any trustee, tenant, servant or agent acting for
or with the knowledge and assent of such owner or occupant, for the purpose of making use of
the said land, building or structure. The phrase 'used for' includes 'arranged for', 'designed for'
'maintained for' or 'occupied for`.
'USE' as a noun, means any of the following depending on the context:
(a)
any purpose for which land, buildings or other structures may be arranged, designated,
designed, intended, maintained, or occupied, or
(b)
any occupation, business, activity, or operation carried on, or intended to be carried on,
in a building or other structure or on land, or
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
(c)
the name of a tract of land or a building or other structure, which indicates the purpose
for which it is arranged, designated, intended, maintained or occupied.
'VETERINARY CLINIC' means a lot, building, structure or place used by a veterinary surgeon for
the treatment of diseases and injuries of domestic and other animals. Without limiting the
generality of the foregoing, a veterinary clinic may include administrative offices, waiting
rooms, treatment rooms, laboratories, pharmacies, and dispensaries directly associated with
the clinic.
'VETERINARY CLINIC - SMALL ANIMAL' means a building, structure or place used by a veterinary
surgeon for the treatment of diseases and injuries of domestic pets only. Without limiting the
generality of the foregoing, a veterinary clinic may include administrative offices, waiting
rooms, treatment rooms, laboratories, pharmacies, and dispensaries directly associated with
the clinic.
'WAREHOUSE' means a building, structure or place used for the storage and distribution of
goods, wares, merchandise, substances or articles and may include a transport depot.
'WAREHOUSE, MINI-STORAGE' means a building, structure or place designed for the rental of
separate storage areas usually with individualized external access for storage of personal
property. Outdoor storage shall be permitted in accordance with the provisions of the
applicable zone.
'WASTE DISPOSAL SITE' means land disposal of one or more of the following:
a) municipal waste, hazardous waste, liquid industrial waste, or processed liquid industrial
waste, within the meaning of clauses (a) and (b) of the definition of "land disposal" in
section 1 of Regulation 347, R.R.O. 1990 (General - Waste Management) made under
the Environmental Protection Act;
b) liquid industrial waste, industrial waste, or commercial waste within the meaning of
clause (c) of the definition of "land disposal" in section 1 of Regulation 347 (General -
Waste Management) made under the Environmental Protection Act;
c) petroleum refining waste within the meaning of clause (d) of the definition of "land
disposal" in section 1 of Regulation 347 (General - Waste Management) R.R.O. 1990
made under the Environmental Protection Act; (By-law 67-2017 Source Protection
Update/Z-65-17.49
'WATERCOURSE' means a natural or man-made channel that carries water and includes streams,
rivers and lakes and for the purpose of this By-law, includes a channel with intermittent flow.
'WATER LOT' means a lot that abuts the shore of Arran Lake, or that lies partially within Arran
Lake.
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
'WATER SYSTEM, MUNICIPAL' means a water treatment and distribution system of underground
piping and related storage, including pumping and purification appurtenances operated by a
municipal corporation and/or any public utilities commission for public use and which has
been approved by the Ministry of the Environment.
'WATER SYSTEM, COMMUNAL' means a private water treatment and distribution system in which
water is piped to more than one dwelling, business operation or lot.
'WAYSIDE PIT OR WAYSIDE QUARRY' means a temporary pit or quarry opened and used by or for
a public authority solely for the purpose of a particular project or contract of street/road
construction and not located on the street/road right-of-way.
'WELL, WATER' means an underground source of water which has been rendered accessible by
the drilling or digging of a hole from ground level to the water table and includes a drilled well,
dug well or bored well or variations thereof.
'YARD' means a space appurtenant to a building or structure located on the same lot therewith
and which space is open, uncovered and unoccupied from the ground upward except for such
accessory buildings, structures, or uses as are specifically permitted elsewhere in this By-law.
'YARD, EXTERIOR SIDE' or 'EXTERIOR SIDE YARD' means a side yard immediately adjoining a
'street'.
'YARD, FRONT' or 'FRONT YARD' means a yard extending across the full width of a lot,
measured perpendicularly from the front lot line to the closest wall of any 'Main Buildings' or
structures on the said lot. Where a lot does not have a 'front lot line', the front yard shall be
measured from edge of the 'street' from which principle access to the lot is gained.
'YARD, REAR' or 'REAR YARD' means a yard extending across the full width of a lot, measured
perpendicularly from the rear lot line to the closest wall of any 'Main Buildings' or structure on
the said lot.
'YARD, SIDE' or 'SIDE YARD' means the minimum required setback from an area extending from
the front yard, or front lot line where no front yard is provided, to the rear yard, or rear lot line
where no rear yard is provided, measured perpendicularly from the side lot line to the closest
wall of any permitted building or structure on the said lot.
'ZONE' means an area delineated on a Zoning Map Schedule and established and designated by
this By-law for a specific use.
'ZONING ADMINISTRATOR' means the officer or employee of the Corporation for the time being
charged with the duty of administering and enforcing the provisions of the Zoning By-law of the
Corporation.
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
Definitions
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
Section 3 - General Provisions For All Zones
3.1
Permitted Uses
3.1.1
Services and Utilities
.1
Nothing contained in this By-law shall prevent the Corporation; any agency or
department of the Federal, Provincial or County Government; any utility company; any
railway company or any local or County Board or Commission from:
a) Installing a watermain, sanitary sewer main, sewage or water pumping station, storm
sewer main, gas main, electric power transformer/distribution station, transmission
tower, communications tower, pipeline, overhead or underground electric line, cable
service, or telephone line, road or street subject to there being no outdoor storage of
goods, materials or equipment in any yard.
b) Erecting any required accessory service buildings for the purpose of supplying a
public service subject to compliance with the provisions prescribed for the Zone in
which it is to be located and subject to there being no outdoor storage of goods,
materials or equipment in any yard.
.2
A sewage and/or water pumping station or 'water well' owned and operated by, or for,
the Corporation, may be erected no closer than 3 metres (9.8 ft.) to the lot lines and
shall be exempt from all other zone provisions of the zone in which it is located.
.3
Any electric power facilities and any receiving or transmitting tower and facilities of any
radio or television station existing on the date of passing of this By-law are permitted.
Explanatory Note:
Public Utilities and similar uses are subject to the Environmental Assessment Act, and also may
be subject to other legislation.
3.1.2
Temporary Buildings & Construction Facilities
.1
Nothing contained in this By-law shall prevent the erection or location of any sheds,
scaffolds, construction trailers or other structures incidental to building construction on
a lot for so long as the same is necessary for work in progress which has neither been
finished, nor abandoned provided any necessary permits are obtained. All temporary
buildings and/or construction facilities shall be noted on the Building Permit at time of
issuance.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
.2
In any Zone, such temporary buildings and construction facilities shall be permitted until
the 'Main Building' or structure or use is complete or the temporary building and
construction facility is abandoned.
.3
For the purpose of Section 3.1.2 only, an existing dwelling, mobile home, park model
trailer, travel trailer or similar transportable accommodation, shall be considered to be a
temporary building or construction facility when approved by the Chief Building Official.
i.
In no instance shall an existing dwelling, mobile home, park model trailer, travel
trailer or similar transportable accommodation, be used for a temporary building or
construction facility for a period lasting longer than twelve (12) months commencing
on the date in which the Building Permit is issued.
ii. An existing dwelling, mobile home, park model trailer, travel trailer or similar
transportable accommodation, may only be used for a temporary building or
construction facility during the construction of the principal or main use on a
property.
iii. A Building Permit issued for such construction shall note the requirement to remove
and/or demolish such temporary buildings, mobile home, park model trailer, travel
trailer or similar transportable accommodation as required.
3.1.3
Ornamental Structures
.1
A statue, monument, fountain, cenotaph or other such memorial or ornamental
structure shall be permitted in any zone.
.2
Statues, monuments, cenotaphs or other such memorial or ornamental structures,
greater than 1.0 metre (3.3 feet) in height, shall not be permitted in the front yard
setback of a Residential zone.
3.1.4
Services
.1
A 'Sewage Disposal System' shall be permitted in all zones except in the 'Environmental
Protection (EP)' and 'Environmental Protection 1 (EP-1)' zones.
.2
A 'Sewage Disposal System - Tertiary Sewage Treatment Unit' shall be permitted in all
zones.
.3
A 'Communal Sewage Disposal System' or a 'Sewage Treatment Plant' must be zoned
accordingly.
.4
Where municipal piped water or sanitary sewer systems are available to a lot,
development on the lot shall be serviced by such systems in accordance with applicable
Municipal requirements.
General Provisions for All Zones
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Municipality of Arran-Elderslie
Explanatory Note: Permits are required for all private or individual sewage disposal systems
such as septic systems from the Grey-Bruce Heath Unit.
3.1.5
Multi-purpose Recreational Trails
.1
Multi-purpose recreational trails (paths) are routes owned, constructed or under reserve
to the Corporation, County or other public body, and may be open to the public.
.2
Multi-purpose recreational trails shall be permitted in all zones. Permitted uses may
include hiking, horseback riding, bicycling, cross country skiing, snowmobiling, all
terrain vehicles (ATVs) in accordance with all applicable By-laws and Regulations of the
Corporation, County or other public body.
.3
Motorized vehicles, except snowmobiles, shall be prohibited from Provincially Significant
Wetlands (EP-1 zone), Areas of Natural and Scientific Interest (ANSI), and other
environmentally sensitive lands as determined by a public body on multi-purpose
recreational trails (paths) routes owned, constructed or under reserve to the
Corporation, County or other public body.
3.2
Uses Permitted In All Zones
Despite any other provisions of this By-law, the use of any land, building or structure in
the Municipality by the Municipality, the County, any agency or department of the
Federal, Provincial; any utility company; any railway company or any local or County
Board or Commission for any purpose other than offices, a public garage, open storage,
or similar uses is permitted in any zone.
i.
Public parks are permitted in any zone.
ii. Places of worship are permitted in any residential, commercial, or mixed use.
iii. Offices, public garages, open storage or similar uses by the the Municipality, the
County, any agency or department of the Federal, Provincial; any utility company;
any railway company or any local or County Board or Commission are permitted in
any Commercial, Ior Industrial zone, and must conform to the provisions of this By-
law.
3.3
Buffer On Lands Adjoining Industrial Or Residential Uses/Zones
Where a Industrial Zone abuts a Residential, Institutional Zone, residential use or
institutional use the following regulations shall apply:
General Provisions for All Zones
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Municipality of Arran-Elderslie
i.
No part of any Industrial principle use building shall be located closer than 20
metres (65.6 feet) to a Residential Zone, Institutional Zone, residential use or
institutional use; and
ii. (ii) No part of any residential use or institutional use shall be located closer than 20
metres (65.6 feet) to a Industrial Zone.
3.4
Non-Conforming Uses
.1
Nothing in this By-law shall:
i.
apply to prevent the use of any land, building or structure for any purpose
prohibited by this By-law if such land, building or structure was lawfully established
and used for such purpose on the day of the passing of this By-law, so long as it
continues to be used for that purpose.
ii. prevent the erection or use for a purpose prohibited by this By-law of any building
or structure for which a permit has been issued under The Building Code Act, prior
to the day of the passing of this By-law, so long as the building or structure when
erected is used and continues to be used for the purpose for which it was erected
and provided that the permit has not been revoked under The Building Code Act.
iii. prevent the strengthening to a safe condition, or the restoration of any non-
conforming building or structure or part of any such building or structure which
does not conform with the provisions of this By-law, or which has been damaged by
causes beyond the control of the owner, provided such alteration, repair or
restoration does not increase the height, size or volume or change the use of such
building or structure and provided such building or structure was lawfully
established.
.2
The use of a lot, building or structure which is not permitted within the zone in which it
is located shall not be changed except to a use which is permitted within such Zone, or
such other similar uses as may be approved under Section 45 of The Planning Act.
.3
Where a use, building, or structure which was lawfully established prior to the day of the
passing of this By-law has been used for a purpose not permitted in the zone in which it
is situated, and the said use, building or structure has been abandoned for a period of
twelve months (12) months or longer, the said building or structure may only be used
again for a use that conforms to this By-law. A non-conforming use shall be considered
abandoned:
i.
When the intention of the owner to discontinue the use is apparent; or
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Municipality of Arran-Elderslie
ii. When the characteristic equipment and furnishings of the non-conforming use have
been removed from the premises and have not been replaced by similar equipment
within one year; or
iii. When no active effort has been made to market, sell or lease said use, building, or
structure.
3.5
Non-Complying Uses
3.5.1 Enlargements, Repairs and Renovations
A non-complying building or structure may be enlarged, repaired or renovated provided
that the enlargement, repair or renovation complies with all applicable provisions of this
By-law, and provided that the By-law is not further contravened.
3.5.2 Existing Lots
Where an existing lot has a lesser area and/or frontage than required in the applicable
zone, such lot may be used and buildings may be erected, enlarged, repaired or
renovated on the lot provided that the use, and the buildings and structures, comply
with all of the other provisions of the applicable zone and all other requirements of this
By-law.
3.5.3 Notwithstanding any other regulations of this By-law, where a use, building or structure
was legally established on a lot, and such lot was subsequently altered as a result of a
project of a public authority (such as a road construction project) or by expropriation of
municipal, provincial or federal acquisition thereby causing the use, building or
structure to contravene any regulations of the By-law, the said use, building or structure
shall be deemed to comply with the By-law and may be enlarged, extended,
reconstructed, repaired or renovated provided that any regulations which are currently
not met, are not further contravened and that all regulations which are complied with,
are not contravened by any works undertaken.
3.6
Accessory Buildings And Structures
Section 3.6 shall apply to all Zones with the exception of the 'A1 - General Agriculture'
and 'A2 - Restricted Agriculture' Zones.
3.6.1 Prohibited Structures
For the purposes of Section 3.6 only, mobile homes, travel trailers, construction trailers,
transport trailers, railway cars and buses, all of the proceeding with or without wheels or
a similar undercarriage, shall not be used as accessory buildings or structures except in
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
the Extractive Industrial (M2) or Waste Disposal (WD) zones.
3.6.2 Use of Accessory Buildings and Structures
Where this By-law provides that a lot may be used or a building or structure may be
erected, altered or used for a permitted use that permitted use shall include an
accessory building or structure. Uses accessory to a residential use shall not be used
for a commercial or industrial use, or for human habitation unless specifically permitted
by the provisions of the zone in which the use is situated.
3.6.3 Location
Unless otherwise provided in this By-law, the yard requirements herein shall apply to
both main and accessory buildings. Attached buildings accessory to dwellings shall be
considered as part of the 'Main Building' and all yards shall be provided in accordance
with the relevant yard regulations.
3.6.3.1 Location - Residential Zones
Despite any other provisions of this By-law, any accessory building or structure, in any
Residential Zone, may be erected subject to the following restrictions:
.1
When located in a rear yard or an interior side yard, such accessory building or structure
shall be located no closer than 1 metre (3.3 feet) to the rear lot line and/or side lot line.
Further, an accessory building or structure shall be setback 3 metres (9.8 feet) from any
part of a dwelling on an adjoining lot. Where a mutual private garage is erected on the
lot line between two lots, no interior side yard setback is required.
2
When located in an exterior side yard no accessory building or structure shall be located
closer than 6 metres (19.7 ft.) to any street line.
.3
Detached garages or any part thereof, may be located in front of the dwelling provided it
complies with the minimum front yard setback requirements and minimum side yard
requirements.
3.6.4 Height
The maximum height for all accessory buildings and structures shall be as follows:
.1
In all Commercial, Industrial, 'OS - Open Space', and 'WD - Waste Disposal' Zones, no
greater than 8 metres (26 ft.);
.2
In all Residential, Institutional, 'EP - Environmental Protection', and 'FD - Future
Development' Zones, no greater than 5 metres (16 ft.).
General Provisions for All Zones
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Municipality of Arran-Elderslie
3.6.5 Number & Lot Coverage of Accessory Buildings & Structures
.1
In no case shall the number of accessory buildings or structures exceed three (3).
.2
The total lot coverage of all accessory buildings or structures on a lot shall not exceed
10% of the lot.
3.6.6 Establishment of an Accessory Building/Structure or Use
No accessory building, structure or use shall be erected, or used until the principal
building, structure or use is erected in compliance with the provisions of this By-law.
No accessory building, structure or use is permitted prior to the establishment of the
principal use. This shall not apply to those uses covered under Section 3.1.2 'Temporary
Buildings and Construction Facilities'.
3.7
Number Of Main Buildings Per Lot
No person shall erect more than 1 'Main Building' on a lot except: those lots in an
Agriculture Zone that are 4.0 hectares (9.9 ac) in size or larger, or in an Industrial Zone,
or as otherwise permitted by this By-law.
3.8
Accessory Dwellings
3.8.1 Dwelling, Accessory Apartment
Where permitted by this By-law, no person shall use any part of a building or structure
as a 'Dwelling, Accessory Apartment' except in accordance with the following
provisions:
.1
Minimum setbacks and yards shall be provided in accordance with the minimum setback
and yard provisions for the building or structure in which the 'Dwelling, Accessory
Apartment' is to be located.
.2
The 'Dwelling, Accessory Apartment' shall have a separate access/entrance distinct from
the principal use.
.3
One parking space per 'Dwelling, Accessory Apartment' shall be provided, reserved and
maintained for exclusive use by the 'Dwelling, Accessory Apartment'.
.4
The 'Dwelling, Accessory Apartment' shall be located above or behind the principle use.
.5
Accessory residential dwelling units shall not occupy more than fifty percent (50%) of the
ground floor area of a building within a commercial zone.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
.6
Each 'Dwelling, Accessory Apartment' shall have a minimum floor area of 50m2 (538ft2).
(By-law 59-10, HSKP 2, Z-53-2010.38, 8 November, 2010)
3.8.2 Dwelling, Accessory Detached
Where permitted by this By-law, no person shall use, erect, construct or use any part of
a building as a 'Dwelling, Accessory Detached' except in accordance with the following
provisions:
.1
Minimum setbacks and yards shall be provided in accordance with the minimum setback
and yard provisions for the zone in which the detached dwelling is located.
.2
Where an accessory detached dwelling unit is permitted in an agricultural zone, the total
number of dwelling units on a property shall not exceed two (2). (By-law 23-2013, AE
HSKP 3, Z-3-2013.49 22 April 2013)
3.9
Home Occupation - Domestic & Professional Uses
Where listed as a permitted use (refer to the "Uses Permitted" sections of this By-law),
Home Occupation - Domestic and Professional Uses may be conducted within a dwelling
by accountants; architects; auditors; dentists; optometrists; engineers; insurance agents;
land surveyors; lawyers; medical practitioners; chiropractors; notaries; planners;
realtors; editors; photographers; computer consultants; hair dressers; dressmaking;
instruction in music, dancing, arts and crafts to not more than six pupils or students at
any one lesson; tailoring; weaving; painting; sculpting; moulding; or otherwise making
or repairing of garden or household ornaments, articles of clothing, and personal effects
or toys, and other such similar uses provided that:
(i)
The Home Occupation - Domestic & Professional Uses shall be clearly secondary
to the dwelling, or part thereof, and shall not change the residential character of
the lot and/or dwelling or part thereof;
(ii)
The said dwelling is occupied as a place of residence by the individual operating
the Home Occupation - Domestic & Professional Uses;
(iii)
Home Occupation - Domestic & Professional Uses shall be conducted only by
those residing in the dwelling except for the employment of one assistant;
(iv)
All articles sold shall be produced by the individual operating the Home
Occupation - Domestic & Professional Uses or their assistant;
(v)
Total gross floor area utilized shall not exceed 30% of the dwelling or a
maximum of 28 sq. metres (301 sq. ft.), whichever is lesser;
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Municipality of Arran-Elderslie
(vi)
One sign is permitted affixed to and parallel to the main wall of the building, be
non-illuminated, and have a maximum area of 0.6 square metres;
(vii)
There is no external storage of goods or materials;
(viii)
One off-street parking space is provided for every Home Occupation - Domestic
and Professional Uses;
(ix)
No mechanical equipment is used except that reasonably consistent with the use
of a dwelling;
(x)
No noise, vibration, fumes, odour, dust or glare shall be emitted to the
environment outside of the building beyond that which is normally associated
with a dwelling;
(xi)
Home Occupation - Domestic and Professional Uses shall not include the retail
sales of building or construction supplies nor any 'Automobile', 'Motor Vehicle'
or 'Commercial Motor Vehicle' related use as defined in this By-law;
3.10 Home Occupation - Bed & Breakfast Establishment
Where listed as a permitted use (refer to the "Uses Permitted" sections of this By-law), a
Home Occupation - Bed & Breakfast Establishment may carry out business subject to the
following provisions:
.1
The Home Occupation - Bed & Breakfast shall be clearly secondary to the main use of
the lot and/or building, or part thereof, and shall not change the character of the lot
and/or building or part thereof;
.2
The said building, or part thereof shall be occupied as a place of residence by the
individual operating the Home Occupation;
.3
The Home Occupation - Bed & Breakfast shall be conducted only by those residing on
the lot except for the employment of one (1) assistant;
.4
A Home Occupation - Bed & Breakfast shall provide no more than six (6) guest rooms
for overnight accommodation;
.5
No food or drink shall be offered or kept for sale for persons who are not guests of the
establishment. A Home Occupation - Bed & Breakfast shall not include a 'restaurant';
.6
A Home Occupation - Bed & Breakfast shall provide one (1) parking space for each guest
room.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
3.11 Home Industry
A home industry is a limited-scale activity undertaken for financial gain, which occurs in
a dwelling or an accessory building and is subordinate to the primary use of the
property as a residence or farm. The activity is limited in scale. It is a sideline, and the
use is secondary to the primary use of the property (e.g., an agricultural use). This
means that the use is not the primary or original use for which the property was
intended and by which it is zoned.
Where listed as a permitted use a Home Industry (refer to the "Use Permitted" sections of
this By-law) may be conducted within a main building or dwelling, or an accessory
building and shall be limited to the sale of farm products produced/grown or raised on
the property; 'Garden Centre'; 'Food Processing, Primary'; 'Food Processing, Secondary';
'Dry Industrial Use'; 'Bulk Sales Establishment - Agricultural'; 'Farm Implement Repair;
the sale and service of equestrian equipment; and a 'Trades Person's Shop' provided
that:
(i)
The Home Industry shall be clearly secondary to the main use of the lot and/or
building, or part thereof and shall not change the character of the lot and/or
building or part thereof;
(ii)
The lot and/or dwelling is the primary place of residence by the individual
operating the Home Industry;
(iii)
The Home Industry shall be conducted only by those residing on the lot except
for the employment of one assistant;
(iv)
Total gross floor area utilized shall not exceed 30% of the dwelling or a
maximum of 28 sq. metres (301 sq. ft.), whichever is the lesser. Where the Home
Industry is located within a main building, not more than 100 sq. metres (1076.4
sq. ft.) shall be devoted to such use.
(v)
There shall be no external storage of equipment, vehicles, waste materials, raw
materials, finished products/goods, or supplies unless fully enclosed by a
'Planting Area/Visual Screening' as per Section 3.13;
(vi)
One off-street parking space shall be provided for every 19 sq.metres (205 sq.
ft.) of floor space occupied by the Home Industry in a dwelling or accessory
building;
(vii)
Home Industry shall not include the retail sales of building or construction
supplies nor any 'Motor Vehicle' or 'Commercial Motor Vehicle' related use as
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Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
defined in this By-law;
3.12 Established Building Line
.1
Notwithstanding any other section of this By-law to the contrary, in any Residential Zone
between two existing Dwellings within 50 meters (164 feet) of each other on the same
block, a new Dwelling may be built within a setback equal to the average setback of the
adjacent dwellings only on an existing lot of record, but in no circumstance shall the
setback be less than 4.5 meters (15 feet) from the front lot line.
.2
Notwithstanding any other section of this By-law to the contrary, where an existing
'Main Building' or structure encroaches into the required front yard or exterior yard
setback as established in this By-law, additions to the existing 'Main Building' or
structure may be permitted provided this By-law is not further contravened
3.13 Exceptions To Maximum Height Regulations
The regulations prescribing the maximum height of any building or structure in any
zone do not apply to: radio or television receiving or transmitting equipment,
telecommunications towers, grain elevators, farm silos, farm barns, Place of Worship
spires, belfries, cupolas, chimneys, ventilators, skylights, water tanks, scenery lofts,
bulk heads, firewalls, and similar features and necessary mechanical appurtenances
accessory to the building on which they are erected provided however, that such
features are erected only to such heights as is necessary to accomplish their purposes.
3.14 Permitted Yard Encroachments
Except as otherwise provided, no obstruction or occupation of the space in any yard
required by this By-law shall be permitted except the following:
(i)
A fireplace and chimney, sills, belt courses, chimneys, cornices, eaves, gutters,
parapets, pilasters, bay windows and other ornamental architectural features may
be permitted in the required setback or yard area provided such feature does not
project more than 60 centimetres (2 ft.) into the setback or yard area and in no
event shall such feature be closer than 1 metre (3 ft.) to any property line.
(ii) Unenclosed porches, covered or uncovered steps, open steel fire escapes,
sundecks, patios and awnings, or balconies are permitted to encroach into a
required yard, but not more than 1.5 metres (5 ft.), provided that:
a. they are located no closer than 3 metres (9.8 ft.) from a front lot line and/or
exterior side lot line; and
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
b. they are located no closer than 1 metre (3 ft.) from an interior side lot line or
rear lot line.
(iii) Flag poles, garden trellises, fences, and retaining walls, shall be permitted in a
required yard.
(iv) Clothes line poles shall only be permitted in an interior side or rear yard.
3.15 Planting Area/Visual Screening
.1
A required Planting Area/Visual Screening shall consist of a dense screen of shrubs
and/or evergreen trees, planted or designed in such a manner as to provide a year
round visual barrier.
.2
A Planting Area/Visual Screening shall be in addition to any other requirements.
3.15.1 Required Locations
Except as otherwise provided, a Planting Area/Visual Screening shall be provided as per
Section 3.15.2, where required by this By-law, and where the interior side lot line or rear
lot line of the lot abuts any lot zoned Residential, Open Space, or Institutional.
3.15.2 Height & Width of Planting Area/Visual Screening
.1
Except as otherwise provided, a Planting Area/Visual Screening shall have a minimum
width of 1.5 metres (5 ft).
.2
The required Planting Area/Visual Screening shall be a minimum height of 1 metre (3 ft.)
when planted and of a type that will attain a minimum height of 2 metres (6.6 ft.) at
maturity to the lot line and the remainder of the ground surface shall be planted with
any combination of shrubs, flower beds or grass.
.3
Notwithstanding the above and subject to Site Plan Approval if required, a solid opaque
fence, wall or other landscaping feature of equivalent height and density may be
considered in place of a Planting Area. When considering such an alternative, regard
shall be given to the location, height, materials, finishing and porosity of the wall or
fence.
.4
The Planting Area/Visual Screening shall be located along the boundary of the lot.
3.15.3 Interruption for Driveway or Walkway
Where interrupted by walkways or driveways, a Planting Area/Visual Screening shall not
be provided closer than 1.5 metres (5 ft) to a walkway or 3 metres (10 ft.) to a driveway.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
3.15.4 Maintaining Sight Visibility Triangle
Where required on a street corner of a corner lot, a Planting Area/Visual Screening shall
be located in such a way as not to form an obstruction to traffic and as required by the
sight visibility triangles required by this By-law.
3.16 Landscaped Open Space
.1
Except as otherwise provided, 'Landscaped Open Space' shall be provided as per Section
3.16, where required by this By-law as follows:
(i)
a minimum of 3 metres (9.8 ft) in width along all Front and Exterior yards; and
(ii)
a minimum of 2 metres (6.6 ft) in width along all Interior and Rear yards.
.2
No parking shall be permitted within the 'Landscaped Open Space'.
.3
Landscaped Open Space shall be in addition to the requirements of Section 3.15 Planting
Area/Visual Screening.
.4
The Landscaped Open Space shall be located along the boundary of the lot.
3.17 Open Storage & Outdoor Display - Industrial/Commercial Zones
3.17.1 Open Storage
.1
'Open Storage' shall be permitted provided that:
(i)
the 'Open Storage' is accessory to the principle use on the lot;
(ii)
no 'Open Storage' shall be permitted in a front yard or exterior side yard;
(ii)
the 'Open Storage' complies with the minimum yard requirements of the Zone;
(iii)
the 'Open Storage' is visually screened from the street by a 'Planting Area/Visual
Screening' as per Section 3.15.
.2
In the Industrial or Commercial Zones, where any side or rear lot line abuts a lot also
zoned Industrial or Commercial, the minimum setback of any 'Open Storage' may be
reduced to no less than 3 metres (10 ft.) from the said side or rear lot line.
3.17.2 Outdoor Display
'Outdoor Display' shall be allowed in the Front Yard and/or Exterior Side Yard provided
that:
(i)
the items displayed in the 'Outdoor Display' are accessory to the principle use of
the lot; and
(ii)
the 'Outdoor Display' shall not inhibit sight triangles nor occupy space required
for a 'Planting Area/Visual Screening' as required by Section 3.15 and/or
'Landscaped Open Space' as required by Section 3.16.
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Municipality of Arran-Elderslie
3.17.3 Lot Coverage
'Open Storage' and 'Outdoor Display' shall not cover more than 50% of the lot area.
3.17.4 Surface Treatment
Any permitted 'Open Storage' shall be constructed and maintained with a stable surface
of concrete, asphalt, gravel or other hard surface adequately treated to prevent the
raising of dust or loose particles and shall include provisions for adequate drainage
facilities.
3.17.5 Parking and Loading Spaces to be Preserved
Any areas used for permitted 'Open Storage' or 'Outdoor Display' shall be in addition to
and separate from such areas as may be required by this By-law for the provision of off-
street parking or loading spaces.
3.17.6 Lighting
Where lighting facilities are provided in conjunction with any permitted 'Open Storage'
or 'Outdoor Display', such lighting shall be so arranged as to deflect light onto the open
storage area and away from any adjoining properties.
3.18 Reduction Of Requirements
.1
No person shall:
(i)
change the purpose for which any lot, building or structure is used, or
(ii)
erect any new building or structure, or
(iii)
add to or take away from any existing building or structure, or
(iv)
reduce any lot in area by conveyance or alienation of any portion thereof or
otherwise,
if the effect of such action is to cause the original, adjoining, remaining or new building,
structure or lot to be in contravention of this By-law.
.2
In the event that a contravention of this By-law occurs as a result of any action
described in Section 3.18.1, no building or structure in contravention as set out in
Section 3.18.1 shall thereafter be used until the requirements of this By-law applicable
thereto are complied with.
.3
The provision of Section 3.18.1 and 3.18.2 shall not apply to lands severed pursuant to
the provisions of the Expropriations Act or to a street widening acquired by a
governmental authority.
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Municipality of Arran-Elderslie
3.19 Minimum Distance Separation Guidelines (MDS)
.1
The location of uses in the vicinity of livestock operations is governed by the M DS
formulas developed by the Ministry of Agriculture, Food and Rural Affairs. An
explanatory note about the MDS is found in Appendix "A" to this By-law"
.2
Notwithstanding any other provisions of this By-law to the contrary, where a dwelling is
destroyed in whole, or in part, by a catastrophe, MDS I will not be applied when the
dwelling is rebuilt, provided it is built no closer to livestock facilities than before the
catastrophe.
.3
Notwithstanding any other provisions of this By-law to the contrary, a first or expanding
livestock facility permitted in any Agricultural Zone, will not contravene the MDS II
formula developed by the Ontario Ministry of Agriculture, Food and Rural Affairs as
calculated using Appendix 'A' to this By-law.
.4
Notwithstanding any other provisions of this By-law to the contrary, where a livestock
facility is destroyed in whole, or in part, by a catastrophe, MDS II will not be applied
when the livestock facility is rebuilt, provided it is built no closer to surrounding land
uses and lot lines than before the catastrophe, and the values of Factor A, B and/or D
have not been increased for the livestock facility.
.5
Notwithstanding any other provision of this By-law to the contrary, for the purposes of
calculating MDS II for a first or expanding livestock facility permitted in any Agricultural
Zone, those lands zoned 'INR-1' shall be treated as a Type A land use.
Explanatory Note: Livestock Facilities & Manure Or Material Storage
All 'Livestock Facilities' and 'Manure or Material Storage' shall be constructed, altered and
enlarged in compliance with all applicable provincial legislation, regulations and municipal By-
laws, as amended from time to time. Applicants should note that some provincial legislation,
such as the Nutrient Management Act, might supersede municipal By-laws, where they deal
with the same subject matter.
3.20 Not Used
3.21 Watercourse Setbacks
Notwithstanding any yard provisions of this By-law, no person shall hereafter erect any building
or structure in any zone which is closer than 15 metres (50 ft.) from the top of the bank of an
open 'municipal drain'; or closer than 30 metres (98 ft.) to the top of bank of any 'watercourse';
or closer than 30 metres (98 ft.) to the 'high water mark' of any inland lake; or within an 'EP -
Environmental Protection' zone boundary, whichever setback is greater.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
48
Municipality of Arran-Elderslie
3.22 Setbacks From Disposal Areas - Waste & Sewage
.1
No building or structure erected and used for human habitation shall be located closer
than: (i) 150 metres (492 ft.) from any area zoned for and containing a 'sewage
treatment plant' or (ii) 50 metres (164 ft.) from any area zoned for and containing a
'communal sewage disposal system'; either within or outside of the limits of the
Corporation.
.2
No building or structure erected and used for human habitation shall be located closer
than 500 metres (1640 ft.) from the fill area as defined in a 'Certificate of Approval' for
an open municipal or private 'solid waste disposal site' or a 'composting facility', either
within or outside of the limits of the Corporation.
.3
Notwithstanding Sections 3.22.1, and 3.22.2, additions, enlargements and alterations to
existing buildings and structures within the required setback shall be permitted in
accordance with the applicable zoning designation.
3.23 Provincial Or County Street Right-Of-Way Setbacks
.1
Buildings or structures erected adjacent to a Provincial Highway shall be required to
comply with the setback requirements of the Province.
Explanatory Note:
Any development located adjacent to a Provincial Highway will be subject to the setback and
frontage requirements, along with the access and building permit controls, of the Ministry of
Transportation. Any proposed access to a Provincial Highway will be subject to the prior
approval of the Ministry of Transportation. Permits from the Ministry must be obtained prior to
any construction and/or grading being undertaken on the site.
.2
No building or structure shall be erected within a distance of 22.9 metres (75 ft.) from
the edge of the right-of-way of any County Road outside of the 'Hamlet' boundaries,or
outside of the communities of Tara/Invermay, Chesley, or Paisley as shown on Schedule
A to this By-law.
.3
Notwithstanding the provisions of Section 3.23.2, between two permanent dwellings on
the same side of the street, separated by not more than 100 metres (328 ft.), the
minimum setback shall be the average of the setbacks of the two adjacent buildings
plus 2 metres, or 33 metres from the centre line of any County Road, whichever is the
lesser.
.4
Notwithstanding the provisions of Section 3.23.3, within 30 metres of an existing
permanent dwelling where Section 3.23.3 would not apply, the minimum setback shall
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
49
Municipality of Arran-Elderslie
be: the setback of the existing dwelling or 33 metres (('x' metres + 33)/2), from the
centre line of any County Road, whichever is the greater.
3.24 Streets
3.24.1 Streets - Class 1
.1
Class 1 Streets are shown on Schedule 'A' and are constructed and maintained so as to
permit year round access to adjacent properties. For the purpose of this By-law,
Municipal, County and Provincial roads are considered to be Class 1 Streets.
.2
For the purposes of this By-law, a 'lane' or 'private street' shall not be considered to be
a Class 1 Street regardless of the level of construction or maintenance.
3.24.2 Streets - Class 2
.1
Class 2 Streets under the jurisdiction of the Corporation are shown on Schedule 'A' and
regardless of the level of construction or maintenance shall for the purposes of this By-
law mean that the Corporation is not obligated to provide municipal services such as
snow plowing, provision of garbage/recycling collection, or fire protection on a year
round basis.
.2
For the purposes of this By-law, a 'lane' or 'private street' shall be considered to be a
Class 2 Street.
3.24.3 Streets - Class 3 and Class 4
.1
Class 3 Streets under the jurisdiction of the Corporation are shown on Schedule 'A' and
are opened but unmaintained.
.2
Class 4 Streets under the jurisdiction of the Corporation are shown on Schedule 'A' and
are unopened and unmaintained.
3.25 Frontage On A Street
.1
No person shall erect any building or structure in any zone unless the lot upon which
such building or structure is to be erected:
(i)
fronts, and has ingress and egress upon a Class 1 Street; or
(ii)
is a lot on a Registered Plan of Subdivision and a "Subdivision Agreement" is in
effect with the "Subdivision Agreement" providing for the assumption of the
street as a Class 1 Street upon completion of the subdivision; or
(iii)
is within a registered Plan of Condominium.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
50
Municipality of Arran-Elderslie
.2
No person shall erect any building or structure, or increase the height, size or volume of
existing structures, in any zone fronted by a Class 2 Street.
.3
On Class 3 and/or Class 4 Streets, no building permits may be issued for any building or
structure.
3.26 Sight Triangles
In all zones, on a corner lot, no buildings, structures or Planting Area/Visual Screening
shall be erected in such a manner as to materially impede vision of the intersection
above a height of 0.5 metres (20 inches) and below a height of 4 metres (13 ft) above
the centre line grade of the intersecting street in the triangular area bounded by the
street lines of the corner lot and a line from the points along said street lines distant 10
metres (33 ft) from the point of intersection of said street lines.
3.27 Off-Street Parking Regulations
Unless otherwise provided for in this By-law, angle or parallel parking spaces shall be
provided and maintained in accordance with the following regulations:
3.27.1 Required Number of Spaces [Minimum]
Permitted Use
Minimum Number of Parking Spaces
i.
Dwelling, Non-Farm; Dwelling, Accessory
Detached; Dwelling, Single Detached;
Dwelling, Duplex; Dwelling, Semi-
Detached; Dwelling, Cottage; Dwelling,
Townhouse Street; or other Dwelling not
otherwise specified herein
2 per Dwelling Unit
ii.
Apartment Building; Dwelling, Townhouse,
Cluster
1 per dwelling unit plus 0.25 parking spaces
per dwelling unit intended and clearly identified
for visitor parking.
iii.
Group Home Type 1 and 2
2 plus 0.25 spaces per bedroom
iv.
Livestock Auction Barn (Housekeeping Z-
53-10 By-law 59-10, 8 November 2010
1 for each 5 fixed seats or fraction thereof, or 1
space for each 10 m2 (108 ft.2) of gross floor
area, whichever is greater
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
51
Municipality of Arran-Elderslie
Permitted Use
Minimum Number of Parking Spaces
v.
Commercial College; Day School;
Educational Facility; Child Care Centre,
Home Child Care, Unlicensed Child Care
(By-law 32-2016, Day Care Act update Z-
19-16.39)
Commercial College: 1 per 20 m2 (215 ft2 )
gross floor area
Day School: 3 per classroom assembly.
Educational Facility - Elementary: the greater of
either 1.5 per classroom or 1 per 3 m2 of any
auditorium any gymnasium floor area
Educational Facility - Secondary: the greater of
either 3 per classroom or 1 per 3 m2 of any
auditorium any gymnasium floor area.
Child Care Centre: 1 space plus one space per
100m2 (1 per 1076 sq.ft.) gross floor area
Home Child Care: 1 space per 6 children or less
plus requirements for applicable residential
dwelling
vi.
Public Park
2 per 0.4 hectares (1 ac)
vii. Travel Trailer Sales Establishment; Farm
Implement Establishment; Marine,
Recreation and Small Engine
Establishments; School Bus Storage
4 per 0.4 hectares (1.0 ac) plus 1 per service
bay
viii. Agricultural Produce Warehouse; Bulk Fuel
Depot; Communal Waste Disposal System;
Composting Facility; Livestock Assembly
Yard; Pit; Portable Asphalt Plant or
Concrete Plant; Mineral Aggregate
Operation ; Recycling Centre; Recycling
Depot; Riding Stable/Equestrian Centre;
Salvage Yard; Septic Tank Service; Sewage
Treatment Plant; Solid Waste Disposal Site;
Trades Person's Shop; Transport Depot;
Wayside Pit/Quarry
4 per Use
ix. Conservation Area
1 per 1.0 hectares (2.5 ac)
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
52
Municipality of Arran-Elderslie
Permitted Use
Minimum Number of Parking Spaces
x.
Abattoir; Dry Industrial Use; Industry,
Light; Industrial Use; Food Processing
Primary; Food Processing, Secondary;
Research & Development Centre; Saw or
Planing Mill; Technology Industry
1 per each 100 m2 (1,076 ft2) of gross floor area
plus 1 space for each 20 m2 (215 ft2) or fraction
thereof, devoted to office use.
xi. Campground
1 per each campground site plus 1 for every 4
campground sites, or fraction thereof, to be set
aside for and visually identified as 'Visitor's
Parking'
xii. Bulk Sales Establishment - Agriculture;
Feed Mill & Elevator
1 per 20 m2 (215 ft2) gross floor area for
interior space plus 1 per 50 m2 (538 ft2) gross
floor area for outdoor sales, display or
warehouse area
xiii. Trades Person's Shop; Contractors Yard
1 per 50 m2 (538 ft2) of gross floor area plus 1
space for each 20 m2 (215 ft2) or fraction
thereof, devoted to office use.
xiv. Greenhouse, Commercial; Rental
Establishments
1 per 20 m2 (215 ft2) of gross floor area for
retail or administration and 1 per 50 m2 (538
ft2) of gross floor area for outdoor storage,
sales and display or greenhouse.
xv. Public Garage
2 per service bay
xvi. Public Utility Building
1 per building or structure
xvii.
Golf Course; Miniature Golf Course; Golf
Driving Range
2 per hole golf and miniature golf; 1 per tee
plus 1 per 10 m2 (108 ft2) of building gross
floor area or fraction thereof
xviii. Hospital; Residential Care Facility
1 per patient room or resident room
xix.
Funeral home
1 parking space per 18 m2 of gross floor area
with a minimum of 10 spaces
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
53
Municipality of Arran-Elderslie
Permitted Use
Minimum Number of Parking Spaces
xx.
Business or Professional Office; Clinic;
Fitness Centre; Public Building;
Veterinary Clinic; Veterinary Clinic -
Small Animal
1 per 20 m2 of gross floor area
xxi.
Recreational Facility
the greater of 1 per 10 fixed seats or 1 per 10
m2 of gross floor area and 2 per 0.4 hectares (1
ac.) of lot area
xxii. All Automobile Uses; All Commercial
Motor Vehicles Uses
1 per 20 m2 of gross floor area plus 1 per
service bay, wash bay and/or fuel pump
xxiii. Assembly Hall; Place of Worship; Place
of Entertainment
the greater of 1 per 10 fixed seats or 1 per
10m2 of gross floor area
xxiv. Hotel/Motel
1 per guest room plus the greater of either 1
per 4 seats or 1 per 10 m2 of gross floor area
per 'Tavern' and/or 'Restaurant'
xxv.
Warehouse; Warehouse Mini-Storage
1 per 200 m2 (2153 ft2) of gross floor area plus
1 space for each 20 m2 (215 ft2) or fraction
thereof, devoted to office use plus 1 per 500 m2
of total lot area used for open storage
xxvi. Artisan Studio; Convenience Store;
Factory Outlet; Laundromat; Large
Format Retail; Liquor Store/Beer;
Personal Service Shop; Retail Store
1 plus 1 additional parking space per 20 m2 of
gross floor area
xxvii. Restaurant; Restaurant Take-Out;
Tavern
the greater of either 1 per 4 seats or 1 per 10m2
of gross floor area
xxviii. Any 'Commercial Use' or 'Other Use' not
otherwise specified herein
1 per each 30 m2 (323 ft2) of gross floor area or
fraction thereof
xxix. Any 'Industrial Use' not otherwise
specified herein
1 per each 90 m2 (969 ft.2) of gross floor area
or fraction thereof with a minimum of 5 spaces.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
54
Municipality of Arran-Elderslie
3.27.2 Barrier Free Parking Spaces
Included in the number of parking spaces required in Section 3.27.1 for all uses, save
and except for Residential uses, shall be Barrier Free parking spaces in accordance with
the following:
Total Parking Spaces Required
No. of Barrier Free Spaces Required
1-25
1
26-50
2
51-75
3
76-100
4
101 +
4 plus 2% of # over 100 spaces
Note: Parking for the use of persons with disabilities shall be provided in accordance with the
Accessibility for Ontarians with Disabilities Act, 2005, and associated regulations. Where these
differ from the Municipal by-law, the provisions that provide a higher standard of access shall
apply. The currently applicable Regulation is Ontario Regulation 191/11 'Integrated
Accessibility Standards': https://www.ontario.ca/laws/regulation/110191#BK137 (January
2019 consolidation)
3.27.3 Calculation of Spaces
.1
When a building or lot accommodates more than one use or purpose the required
parking spaces shall be the sum total of the required parking spaces for the separate
uses or purposes. Parking facilities for one use shall not be considered as providing
required parking for any other uses.
.2
If calculation of the required parking spaces results in a fraction, the required parking
spaces shall be the next higher whole number.
3.27.4 Size and Accessibility of Parking Spaces
Every parking space shall maintain a minimum area and width and shall be accessible
from unobstructed manoeuvring aisles and shall be in accordance with the following
regulations:
.1
Angle Parking
Angle in Degrees
Parking Space in
Length
Manoeuvring Aisle
Width
Parking Space
in Width
30
4.6 m (15 ft)
3.7 m (12.1 ft)
2.75 m (9.1 ft)
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
55
Municipality of Arran-Elderslie
Angle in Degrees
Parking Space in
Length
Manoeuvring Aisle
Width
Parking Space
in Width
45
5.5 (18 ft)
4.0 m (13.1 ft)
2.75 m (9.1 ft)
60
5.8 (19 ft)
5.5 m (18 ft)
2.75 m (9.1 ft)
90
5.5 m (18 ft)
7.3 m (24 ft)
2.75 m (9.1 ft)
.2
Parallel Parking
Parking Space Length
Parking Space Width
Manoeuvring Aisle Width
6.7 m (22 ft)
3 m (9.9 ft)
3 m (9.9 ft)
3.27.5 Barrier Free Parking
Notwithstanding the parking space size requirements listed in Sections 3.27.4(1) and
3.26.4(2), the minimum parking space width for Barrier Free Parking shall be 4 metres
(13 ft). Where two or more angled Barrier Free Parking spaces are located together, the
minimum parking space width shall be 3.2 metres (10.5 ft). See also
3.27.6 Provisions and Location of Spaces
.1
Parking spaces shall be provided at the time of erection of any building or structure, or
at the time any building or structure is enlarged.
.2
Parking spaces shall be located on the same lot or within the same building as the use
for which said parking is required.
.3
Despite contrary provisions of Section 3.27 of this By-law, there is no required parking
for lands within a C1 zone used for a permitted use.
3.27.7 Application of Parking Requirements
Where a building or structure exists as of the date of passing of this By-law, and has
less than the number of parking spaces required by this By-law, no additional parking
spaces are required provided that the use that existed on the said date of passing
continues. If the use is changed to another permitted use, or if the floor area of the
building is increased, the parking standards in this By-law shall apply to any additional
floor space only.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
56
Municipality of Arran-Elderslie
3.27.8 Seating Accommodation by Benches or Outdoors
For the purposes of Section 3.24.1, where seating accommodation is provided by
benches, 0.5 metres (20 inches) of bench space shall be considered as equivalent to one
(1) seat. Where outdoor seating is provided in conjunction with a permitted use, parking
spaces shall be provided as per Section 3.24.1. For the purposes of Section 3.24.1, an
outdoor seating area shall be considered as part of the 'gross floor area' as the case
may be, for the purposes of calculating required spaces.
3.27.9 Entrance [Driveways]
.1
An entrance serving a non-residential use shall not be located closer than 3 metres (10
ft) to a lot containing a dwelling as a principal use.
.2
An entrance serving a residential use shall not be located closer than 1 metre (3 ft) to
the side property line, save and except for a joint driveway servicing two lots in which
case the entrance shall not require any setback.
Explanatory Note:
Entrances and/or Entrance Permits may also be regulated by the Province of Ontario, County of
Bruce or the Municipality of Arran-Elderslie for their respective road systems.
3.27.9 Surfacing and Drainage of Parking Areas and Entrances
All entrance and parking areas, except agricultural, shall be constructed of either
asphalt, concrete, gravel or other hard surfaces and shall be maintained or treated so as
to prevent the raising of dust or loose particles. Drainage shall be provided so as to
prevent the flow of surface water on to adjoining lots.
3.27.10
Illumination of Parking Areas or Entrances
When parking areas and/or entrances are illuminated, lighting fixtures shall be so
arranged that no part of any fixture shall be more than 9 metres (30 ft.) above the
adjoining finished grade and light shall be directed downward and away from adjoining
lots.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
57
Municipality of Arran-Elderslie
3.28 Loading Regulations
The owner or occupant of any building or structure located in the Zones identified in
Table 1 below, shall provide and maintain at the premises, on the lot occupied by the
building or structure and not forming part of a street or lane, within the zone in which
such use is located, loading and unloading spaces in accordance with the following
regulations:
Table 1 - Loading Space Regulation
Industrial Zones
Minimum Spaces Required
0 to 464.5 m2 (5,000 ft2)
464.6 m2 to 2,322.5 m2 (5,001 ft2 to 25,000 ft2)
greater than >2,322.5 (25,000 ft2)
0 spaces
one (1) space
two (2) spaces
Commercial Zones
Minimum Spaces Required
0 to 185.8 m2 (2,000 ft2)
185.9 m2 to 929.0 m2 (2,001 ft2 to 10,000 ft2)
greater than >929.0 (10,000 ft2)
0 spaces
one (1) space
two (2) spaces
Note: All of the above are in reference to 'Gross Floor Area' of the main use.
3.28.1 Access
Access to loading spaces shall be by means of a driveway at least 6 metres (20 ft.) wide
contained within the lot on which the spaces are located and leading to a street or lane
located within or adjoining the zone in which the use is located. Parking spaces shall
not form part of such an access.
3.28.2 Loading Space Dimensions
Each loading space shall be at least 15 metres (49.2 ft) long, at least 3.5 metres (11.5
ft.) wide and shall have a vertical clearance of at least 4.5 metres (14.8 ft).
3.28.3 Location of Loading Space
No loading space shall be located in the required front yard nor shall any required off-
street parking space be considered in calculating the required number of off-street
loading spaces. On a corner lot loading spaces may be located between the 'Main
Building' and the flanking street but not within the required exterior side yard.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
58
Municipality of Arran-Elderslie
3.28.4 Surface and Drainage of Spaces and Driveways
Loading spaces and driveways thereto shall be constructed of asphalt, concrete or a
stable surface of crushed stone or gravel and shall be maintained or treated so as to
prevent the raising of dust or loose particles. Drainage shall be provided so as to
prevent the flow of surface water on to adjoining lots.
3.28.5 Application of Loading Space Requirements
When a building or structure has insufficient loading spaces on the date of passing of
this By-law to conform to the provisions herein, this By-law shall not apply to require
that the deficiency be made up prior to the construction of any addition. In the case of
an expansion or enlargement of an existing building or structure, the requirement for
the provision of additional loading spaces shall be based on said expansion or
enlargement.
3.28.6 Landscaping
Where a loading area/space abuts any street or residential use or zone, then a Planting
Area/Visual Screen as per Section 3.14 shall be provided within the lot requiring such
loading area and along the lot line adjoining such street, use or zone.
3.29 Provisions For An Existing Mobile Home Not In A Mobile Home Park
Existing mobile homes located on an existing lot of record shall conform to the
residential provisions of the zone in which it is located. If no residential provisions exist
for the zone in which it is located, the mobile home shall be subject to the 'Non-Farm
Lot provisions of Section 6.3.
3.30 Conflicting Regulations Or Provisions
Where there are conflicting provisions in this By-law, the most restrictive shall apply.
3.31 Lighting
Lighting fixtures designed to provide exterior illumination on any lot shall be installed
with the light directed or deflected down and away from adjacent lots and streets.
3.32 Drainage Of Lots
In all zones, other than an Agricultural zone, all lands, buildings and structures shall
provide adequate drainage so as to prevent the undue flow of surface water onto
adjoining lots.
General Provisions for All Zones
Comprehensive Zoning By-law 36-09
59
Municipality of Arran-Elderslie
3.33 Setbacks From Private Street
A 'private street' shall be considered to be a 'street' for the purposes of determining
setbacks for this By-law.
3.34 Meteorological Towers
A Meteorlogical Tower is permitted in any Agricultural or Industrial zone. A
'Meteorological Tower' shall be erected on a lot at a distance of at least 1.5 times the
height of the tower from electrical installations, streets, roads, buildings, parks or any
other structure or residential, institutional or recreational use.
3.35 Wellhead Protection Area (WHPA) Overlay Zone
(By-law 67-2017 Source Water Update / Z-67-17.49)
This section applies to lands within the Wellhead Protection Area Overlay Zone.
Policies of the Source Protection Plan for the Saugeen, Grey Sauble, and Northern Bruce
Peninsula Source Protection Region may apply to land uses within the Wellhead Protection Area
Overlay Zone which involve any of the following:
-
Establishment, operation, or maintenance of a waste disposal site;
-
sewage collection, storage, transmission, treatment, or disposal;
-
livestock grazing or pasturing, outdoor confinement, or farmyards;
-
management, storage, or application of agricultural source material to land;
-
handling and/or storage, and application of non-agricultural source material to land;
-
handling, storage, and application of pesticides and/or commercial fertilizer to land;
-
handling, storage, and application of road salt;
-
snow storage;
-
handling and storage of fuel;
-
handling and/or storage of Dense Non-Aqueous Phase Liquids
-
(DNAPL) and/or Organic Solvents;
-
management of runoff that contains chemicals used in the de-icing of aircralt
-
water taking that does not return water to the same aquifer or surface water body or
reduces the recharge of an aquifer.
Establishment of Zones
Comprehensive Zoning By-law 36-09
60
Municipality of Arran-Elderslie
Section 4 - Establishment Of Zones
4.1
General
For the purposes of this By-law, the land area of the Corporation is hereby divided into
various generalized and specific 'Zones' to which the provisions and regulations herein
shall respectively apply.
4.2
Zone Symbols
.1
The following Zones are hereby established and are designated on Schedule 'A' by
symbols consisting of letters and numbers, or letters only, as the case may be:
Section
Zone
Symbol
Agriculture Zones
6
General Agriculture
A1
7
Restricted Agriculture
A2
Residential Zones
8
Hamlet Residential
HR
9
Cottage Residential
R4
10
Residential: Low Density Single
R1
10
Residential: Low Density Multiple
R2
10
Residential: Medium Density
R3
11
Travel Trailer Park and Campground
TTP
Commercial Zones
12
Central Business District Commercial
C1
12
Transition Commercial
C2
12
Highway Commercial
C3
12
Large Format Commercial
C4
13
Hamlet Commercial
HC
12A
Mixed Use Zones
MU
Industrial Zones
15
Business Park 1
BP1
15
Business Park 2
BP2
16
Hamlet Industrial
HI
17
Extractive Industrial
M2
18
Agriculture Commercial Industrial
M1
19
Rural Commercial Industrial
M3
Establishment of Zones
Comprehensive Zoning By-law 36-09
61
Municipality of Arran-Elderslie
Institutional Zones
20
Institutional Rural Zone
INR
20
Institutional Zone
IN
Other Zones
21
Parks and Recreation and Open Space
OS
22
Waste Disposal
WD
23
Environmental Protection
EP
24
Future Development
PD
.2
Whenever in this By-law the term 'Zone' is used, preceded or followed by any symbol, as
the case requires, such combination shall refer to any area delineated on Schedule 'A'
and designated therein by said symbol.
4.3
Exceptions
Where any of the Zone symbols described in Section 4.2.1 are shown on the zoning
schedules to this By-law followed by a dash and a number (e.g. A1-1) then special
provisions and/or uses to the normal zone provisions apply to such lands. Such special
provisions will be found by reference to that section of the By-law that deals with that
particular zone. Lands designated in this manner shall be subject to all the restrictions
of the zone, except as otherwise provided by the special provisions. Normally, an
Exception zone applies to a single lot or defined area.
4.4
Special Holding Provisions
.1
The symbol 'h' when used in conjunction with a zone designation (e.g. 'M1-h) denotes a
holding zone. Such a zone will indicate which uses are permitted, and which uses are
permitted only when the "h" symbol has been removed by amendment to the By-law.
Such a zone may also list uses permitted prior to the removal of the "h".
.2
The provisions of any holding (h) zone will also list the conditions that must be met
before Council may remove the "h" on one or more of the uses that are subject to the
holding condition.
.3
In all holding (h) zones, unless specifically stated to the contrary in the zone provisions,
alterations, additions or enlargements to existing residential building or structures and
accessory structures will be permitted provided such buildings and structures were
lawfully used for residential purposes on the date of the passing of this By-law and
provided such alterations, additions or enlargements conform to the relevant sections of
this By-law.
Establishment of Zones
Comprehensive Zoning By-law 36-09
62
Municipality of Arran-Elderslie
.4
Notwithstanding their underlying zoning designation, on those lands identified as being
subject to the "H1" holding zone provision, lot grading; excavation; and/or construction
shall not be permitted unless the Holding (H1) zone provision is removed. The area of
the H1 zone that may be lifted shall be limited to the area included in the assessment
and may only be removed by Council upon:
1)
Approval by the Zoning Administrator of an Archaeological Assessment which
has been:
a) conducted by an archaeologist licensed in the province of Ontario; an
b) confirmed by the appropriate Ministry to have been accepted into the Ontario
Public Register of Archaeological Reports;
2)
Confirmation to the satisfaction of the Zoning Administrator that the
recommendations of the archaeological report (if any) have been implemented
(By-law 28-2013, Mannerow Z-13-13.38, 27May13).
4.5
Temporary Use By-Law
.1
The symbol 'T' when used in conjunction with a zone designation (e.g. 'M1-105-T') on
Schedule A, indicates that a Temporary Use By-law has been passed in accordance with
the Planning Act R.S.O. 1990 Section 39, to permit the use of lands, buildings or
structures in accordance with the zone represented by that zone symbol within the area
indicated, with the term of the said temporary use set out specifically in the Temporary
Use By-law; and upon expiry of such term, the underlying zone indicated on Schedule A
shall apply. (By-law 23-2013, AE HSKP 3, Z-3-2013.49 22 April 2013)
.2
The specific temporary use provisions are denoted by the number immediately
preceding the symbol "t/T" (i.e. 'A1-105-T') as shown on Schedule 'A'.
4.6
Incorporation Of Zoning Map
The locations and boundaries of the zones established by this By-law are shown on the
maps appended hereto and which is referred to as Schedule 'A' and comprises the
sectional parts of the zoning map and such maps together with everything shown
therein and all succeeding amendments thereto are hereby incorporated into and are
declared to form part of this By-law.
4.7
Zoning Maps
4.7.1
Boundaries of Zones
Where any uncertainty exists as to the boundary of any zone as shown on Schedule 'A',
the following provisions shall apply:
Establishment of Zones
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
.1
Where a zone boundary is indicated as following and is within the boundary of a street,
lane, railway right-of-way or watercourse, the boundary shall be deemed to be the
centre line of such street, lane, railway right-of-way or watercourse.
.2
Where a zone boundary is indicated as approximately following lot lines shown on a
registered plan of subdivision or lot lines of the original Crown survey fabric, the
boundary shall be deemed to follow such lot lines.
.3
Where a zone boundary is indicated as approximately parallel to any street line and the
distance from the street line is not indicated, such boundary shall be deemed to be
parallel to such street line, and the distance there from shall be according to the scale
shown on Schedule 'A'.
.4
Where a zone boundary is indicated as generally following a shoreline, the boundary
shall be deemed to follow such shoreline.
.5
Where any zone boundary is left uncertain after application of the provisions of clauses
(1), (2), (3) and (4) above, then the boundary shall be determined by the scale shown on
the Zoning Map Schedule measured from the centre of the zone line.
.6
Wherever it occurs, the municipal limit is the boundary of the zone adjacent to it.
.7
In any zone, where the zone boundary requires a more precise definition than that
permitted by the scale or detail of the zoning map, the Zoning Administrator shall
determine the precise location of the zone boundary and, where appropriate, may
consult with other agencies or individuals as may be relevant.
.8
Notwithstanding the provisions of Section 4.7.1.7, the zone boundaries of the 'EP-1'
Zone shall not be altered except by a By-law passed under Section 34 of the Planning
Act, R.S.O 1990 as amended.
4.7.2
Other Boundary Features - Streets, Watercourses etc.
A street, lane, electrical transmission right-of-way, or watercourses shown on Schedule
'A', unless otherwise indicated, shall be included within the zone of adjoining property
on either side thereof and where such street, lane, right-of-way or watercourse serves
as a boundary between two or more different zones, the centre line of such street, lane,
right-of-way, or watercourse, and extending in the general direction of the long
dimension thereof, shall be considered the boundary between zones unless otherwise
indicated.
Explanatory Note:
Additional 'Notes' have been included in Schedule 'A' for reference and convenience
purposes only. This information is subject to change without an amendment to this By-
Establishment of Zones
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
law and is limited to the following:
(i)
Municipal Road Classifications;
(ii)
Delineation of Saugeen Valley Conservation Authority Regulated Area (Ontario
Regulation 169/06).
Please consult with the Municipality for information regarding Municipal Road
Classifications and with Saugeen Valley Conservation Authority or Grey Sauble
Conservation Authority for information regarding the Regulated Area.
4.7.3
More Than One Zone on a Lot
.1
Where a lot has two or more of its parts classified in different zones, then the provisions
for each zone shall apply to each part as if said part was a separate lot excepting the
following:
(i)
Where a portion of a lot is zoned 'EP' such portion may be used to satisfy the
side yard, rear yard or front yard setback requirements of the principle portion.
(ii)
Where a portion of a lot is partially within the 'EP' zone, that portion of the lot
within the 'EP' zone may be used if required in calculating the Minimum Lot Area
provided that the 'EP' lands comprise no more than 90% of the required
Minimum Lot Area.
Explanatory Note:
If a lot is within two zones, the boundary between the two zones should not be
considered to be a lot line for setback purposes.
4.7.4
Zoning Maps - Wellhead Protection Area (WHPA) Overlay Zone)
Where a lot is located within a zone and is also located within the WHPA Overlay Zone,
the uses permitted on that lot shall be the uses permitted in the underlying zone subject
to the requirements of Section 3.35-Wellhead Protection Area Overlay Zone and the
Source Protection Plan for the Saugeen, Grey Sauble, and Northern Bruce Peninsula
Source Protection to which it refers. (By-law 67-2017 Source Water Update / Z-67-
17.49)
General Provisions for All Agricultural Zones (A)
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
Section 5 - General Provisions For All Agricultural Zones - A
5.1
No Dwelling Permitted - Severed Agricultural Parcels
Where a non-farm residential lot has been severed from a farm parcel as a surplus
dwelling, no residential dwelling is permitted on the said farm parcel.
5.2
Not Used
5.3
Not Used
5.4
Requirements For Kennels
.1
New kennel buildings and structures and/or additions to existing kennel buildings
and/or structures must be located at a distance of not less than 100 metres (328 ft.)
from an existing residential, institutional or recreational use situated on adjacent lots.
.2
New kennel buildings and structures and/or additions to existing kennel buildings
and/or structures shall be considered an accessory use or building.
5.5
Accessory Buildings And Structures - Non-Farm Lot
Section 5.5 shall apply only to an accessory building or structure to be located on a
'Non-Farm Lot' as herein defined.
5.5.1 Prohibited Structures
For the purposes of Section 5.5 only, mobile homes, travel trailers, construction trailers,
transport trailers, railway cars and buses, all of the proceeding with or without wheels or
a similar undercarriage shall not be used as accessory buildings or structures on a
'Non-Farm Lot'.
5.5.2 Use of Accessory Buildings and Structures
No accessory building or structure, shall: (1) be used for any occupation for gain or
profit except as may be permitted in this By-law; or (2) be used for human habitation.
5.5.3 Location
Despite any other provisions of this By-law, any accessory building or structure, in any
'Non-Farm Lot' in an Agricultural Zone, may be erected in any yard subject to the
following restrictions:
(i)
When located in a rear yard, such accessory building or structure shall be located
no closer than 1 metre (3.3 feet) to the rear lot line. Further, any part of such
General Provisions for All Agricultural Zones (A)
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
accessory building or structure shall be setback 3 metres (9.8 feet) from any part
of a dwelling on an adjoining lot.
(ii)
When located in an interior side yard, an accessory building or structure may be
positioned no closer than 1 metre (3.3 ft) to an interior side lot line. Where a
mutual private garage is erected on the lot line between two lots, no interior side
yard setback is required.
(iii)
Where erected in an exterior side yard no accessory building or structure shall be
located closer than 6 metres (19.7 ft) to any street line.
(iv)
Detached garages or any part thereof, may be located in front of the principle
structure provided it complies with the minimum front yard setback
requirements and minimum side yard requirements.
(v)
Detached accessory buildings, designed and used only for the storage of boats
and boating accessories, and located on lots, which adjoin a body of water, shall
not require a rear yard setback but shall comply with all other provisions of the
By-law.
5.5.4 Height
The maximum height for all accessory buildings and structures shall be 5 metres (16ft).
5.5.5 Number & Lot Coverage of Accessory Buildings & Structures
.1
In no case shall the number of accessory buildings or structures exceed three (3).
.2
The total lot coverage of all accessory buildings or structures on a lot shall not exceed
5% of the lot.
.3
Accessory buildings or structures under 1.5 square metres (16 ft2) shall not be
considered to be an accessory building or structure.
5.5.6 Establishment of an Accessory Building/Structure or Use
Notwithstanding any of the provisions of this By-law, no accessory building, structure or
use shall be erected, or used until the principal building, structure or use is erected to in
accordance with the Building Code and in compliance with the provisions of this By-law.
This shall not apply to those uses covered under Section 3.1.2 'Temporary Buildings and
Construction Facilities'.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
Section 6 - General Agriculture (A1)
6.1
Scoping Note
The provisions of the Agricultural (A1) Zone shall generally apply to lands designated
'Agriculture' or 'Rural' on Schedule 'A' Land Use in the County of Bruce Official Plan.
6.2
Uses Permitted
No person shall within a 'General Agriculture (A1)' zone use any lot or erect, alter or
use any building or structure for any purpose except the following:
(i)
Non-Farm Lot
- Agriculture, General
- Dwelling, Single detached
- Group Home - Type One
- Home Child Care (By-law 32-2016, Day Care Act update, Z-19-16.39)
- Unlicensed Child Care in a permitted dwelling unit (By-law 32-2016, Day Care
Act update, Z-19-16.39)
- Home Occupation - Domestic and Professional Uses as per Section 3.9
- Home Occupation - Bed & Breakfast Establishment as per Section 3.10
- Home Industry as per Section 3.11
- Kennel as per Section 5.4
- Accessory Buildings & Structures as per Section 5.5
(ii)
Agriculture Lot (By-law 23-2013, AE HSKP 3, Z-3-2013.49 22 April 2013)
- Agritainment
- A Dwelling, Accessory Detached Agriculture as per Section 3.8.2
- A Dwelling, Single Detached
- Agriculture, General
- Group Home - Type One
- Home Child Care (By-law 32-2016, Day Care Act update, Z-19-16.39)
- Unlicensed Child Care in a permitted dwelling unit (By-law 32-2016, Day Care
Act update, Z-19-16.39)
- Home Occupation - Domestic and Professional Use as per Section 3.9
- Home Occupation - Bed & Breakfast Establishment as per Section 3.10
- Home Industry as per Section 3.11
- Kennel as per Section 5.4
- Livestock Facility
- Manure or Material Storage
- Meteorological Tower as per Section 3.34
- Portable Asphalt Plant or Portable Concrete Plant
- Wayside Pit
- Wayside Quarry
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
6.3
Zone Provisions
(revisions as per By-law 23-2013, AE HSKP 3, Z-3-2013.49 22 April 2013)
No person shall within the 'General Agriculture (A1)' zone use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
Provisions
Agriculture Lot
'Non-Farm Lot'
.1
Minimum Lot Area
39 hectares (96 ac)
0.5 ha (1.24 ac)
.2
Minimum Lot Frontage
100 metres (328 ft)
40 metres (131 ft)
.3
Minimum Front or Exterior
Yard
20 metres (66 ft)
10 metres (33 ft)
.4
Minimum Rear Yard
20 metres (66 ft)
10 metres (33 ft)
.5
Minimum Side Yard
20 metres (66 ft)
10 metres (33 ft)
.6
Minimum Ground Floor
Area Detached Dwelling
70m2 (753ft2)
[greater than 1 storey]
90 m2 (969 ft2) [1 storey]
70 m2 (753 ft2)
[greater than 1 storey]
90 m2 (969 ft2) [1 storey]
.7
Maximum Height
Not applicable
10 metres (33 ft)
.8
Maximum Lot Coverage
15%
15%
6.3.2 Existing 'Non-Farm Lot' with a 'Lot Area' of less than 0.5 hectare (1.24 acre)
Provisions
.1
Minimum Lot Area
Existing
.2
Minimum Lot Frontage
Existing
.3
Minimum Front or Exterior Yard
7.5 metres (25 ft)
.4
Minimum Rear Yard
10 metres (33 ft)
.5
Minimum Side Yard
3 metres (10 ft) on one side and
1.5 metres (5 ft) on the other side
.6
Minimum Ground Floor Area Detached
Dwelling
70 m2 (753 ft2) [greater than 1 storey]
90 m2 (969 ft2) [1 storey only]
.7
Maximum Height
10 metres (33 ft)
.8
Maximum Lot Coverage
15%
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
6.4
Special Provisions
Explanatory Note:
The Special Provisions section contains provisions that apply only to specific lands, and that
represent a site specific change from stated zone provisions. HSKP 2, Z-47-11.39) BL 38-11
By-law No: 14-02, West Part Lot 3, Concession 1 (Arran)
By-law No: 3-90, Part of Lot 28 & 29, Concession 6 (Elderslie)
By-law No: 28-90, Part Lot 11, Concession 11(Elderslie)
By-law No: 14-96, Part Lot 21, Concession 4(Elderslie)
By-law No: 18-97, Part of Lot 11, Concession 9 (Elderslie)
By-law No: 25-01, Part Lot 27,Concession 5 (Elderslie)
By-law No: 26-04, Part Lot 31, Concession 'A' (Elderslie)
By-law No: 6-05, Part Lot 7, Concession 3 (Elderslie)
By-law No. 06-11, Part Lot 13 Concession 8 (Arran) Z-60-10.49 Ryan
By-law No: 38-11, Part Lot 29 Concession 'A' (Elderslie) (HSKP 2, Z-47-11.39) BL 38-11
.1
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' zone provisions
contained in this By-law excepting however that:
i.
An 'Accessory Dwelling Unit - Detached' shall be prohibited.
By-law No: 9-79, Part of Lot 2, Concession B (Arran),
By-law No: 82-27, West Half Lot 9, Concession 7 (Arran),
By-law No: 41-99, Part Lot 11 Concession 9 (Arran)
By-law No: 94-06, Lot 23, Concession 12 (Arran)
By-law No: 24-90, Part Lot 24, Concession 3 (Elderslie)
.2
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' zone provisions
contained in this By-law excepting however that:
i.
In addition to the residential uses permitted, a mobile home for the purpose of
accommodating farm help may be permitted.
By-law No: 89-19, Lot 7, Concession 7 (Arran)
.3
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-3' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' zone provisions
contained in this By-law excepting however that:
i.
Those structures existing as of August 14th, 1989 shall not be used for the housing
of livestock between the dates of May 1st and November 1st of any given year.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
By-law No: 94-06, Lot 5, Concession 13 (Arran)
.4
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-4' on
Schedule 'A' to this By-law, shall be used in accordance with the 'A1' zone provisions
contained in this By-law, excepting however that:
i.
The lands shall be exempt from Subsection 6.20 'Frontage on a Street' provisions of
this By-law.
By-law No: 95-10, Part of Lot 13, Concession 10 (Arran)
.5
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-5' on
Schedule 'A' to this By-law, shall be used in accordance with 'A1' zone provisions
contained in this By-law, excepting however that:
i.
The housing of livestock within the subject barn' shall be prohibited.
By-1aw No: 97-13, Part of Lot 31, Concession 11 (Arran)
.6
Notwithstanding their 'A1' zoning designation, those land delineated as 'A1-6' on
Schedule 'A' to this By-law, shall be used in accordance with 'A1' zone provisions
contained in this By-law excepting however that:
i.
A non-farm residential use shall be permitted;
ii. The minimum lot area shall be 1.05 hectares (2.6 acres).
iii. All residential buildings and structures and/or accessory uses shall be set back a
minimum of 113 meters (372 feet) from any building used for the housing of
livestock on abutting lands.
By-1aw No: 97-13, Part of Lot 31, Concession 11 (Arran)
.7
Notwithstanding their 'A1' zoning designation, those land delineated as 'A1-7' on
Schedule 'A' to this By-law, shall be used in accordance with 'A1' zone provisions
contained in this By-law excepting however that:
i.
The land may be used for agricultural purposes;
ii. The maximum number of nutrient units housed on the subject lands shall be 75.
iii. Only buildings or structures used to house livestock on the date of passage of this
By-law may be sued for the housing of livestock. Any additions, alterations or reuses
of existing buildings must be in compliance with the agricultural code of practice.
.8
Not Used
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
By-law 32-02, Part Lot 21, Concession B (Arran)
By-law 23-05, Part Lot 25, Concession 10 (Arran)
By-law 54-10, Part Lot 6 Concession 3 (Elderslie) (Z-47-2010.38 Ziegler co Maxwell 27Sep10)
By-law 49-2012, 1403 Concession 2; Con 2 Lot 2 Arran (Z-40-12.49 Snobelen) 12Nov12
.9
Notwithstanding their 'A1' zoning designation, those land delineated as 'A1-9' on
Schedule 'A' to this By-law, shall be used in accordance with 'A1' zone provisions
contained in this By-law excepting however that;
i.
Non-farm residential purposes shall be permitted;
ii. Livestock and/or poultry shall be limited to 1.24 nutrient units per hectare (0.5 nutrient
units per acre).
By-law No: 5-95, former road allowance between Lots 20 and 21, Concession 7 (Elderslie)
.10
Notwithstanding their 'A1' zoning designation, those land delineated as 'A1-10' on
Schedule 'A' to this By-law, shall be used in accordance with 'A1' zone provisions
contained in this By-law excepting however that:
i.
Non-farm residential uses shall be permitted;
ii. The 'minimum lot area' shall be 2 hectares (4.9 acres).
iii. The 'minimum lot frontage' shall be 20.1 meters (66 feet).
iv. The 'minimum side yard' requirement shall be 3 meters (10 feet).
By-law No: 13-99, OMB Decision/Order No: 0379, Part of Lot 1, Concession 8 (Elderslie)
.11
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-11' on
Schedule 'A' to this By-law, shall be used in accordance with 'A1' zone provisions
contained in this By-law excepting however that:
i.
Non-farm residential purposes shall be permitted;
ii. Motorcycle motocross races occurring on a maximum of three days per year shall be
permitted;
iii. The hours of operation of races shall be restricted to between 9am and 6pm;
iv. Early notice of the three scheduled days shall be given to all owners of surrounding
land;
v. The operation of races shall be governed by the Official Event Guide of the Canadian
Motosport Racing Club as amended from time to time, a copy of which shall be filed
with the Corporation and forms a part of this By-law with respect to high attendance
of spectators and associated facilities on site, including emergency services such as
ambulance and first aid.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
By-law No: 19-96, Part of Lots 28 and 29, Concession 6 (Elderslie)
.12
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-12' on
Schedule 'A' to this By-law, shall be used in accordance with 'A1' zone provisions
contained in this By-law excepting however that:
i.
Non-farm residential uses shall be permitted;
ii. A 'Home Occupation Agricultural Business' shall be permitted within an accessory
building may be devoted to such use;
iii. The maximum floor area of the accessory building shall be no more than 139.35
square meters (1,500 square feet).
By-law No: 16-04, Part Lot 3, Concession 12 (Arran)
.13
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-13' on
Schedule 'A' to this By-law, shall be used in accordance with 'A1' zone provisions
contained in this By-law excepting however that:
i.
A 'Non-Agricultural Detached Dwelling' may be erected in accordance with the 'A1'
zone provisions for a Non-Farm Residential Use;
ii. The minimum lot area for the Non-Residential Use shall be 8000m2;
iii. A mobile home shall not be permitted;
iv. No more than 3.7 nutrient units per hectare (1. 5 nutrient units per acre) shall be
permitted;
v. A building permit may be issued on condition that the existing barn shall be
removed within 60 days of the completion or occupancy of the 'Non-Agricultural
Detached Dwelling' as permitted in clause (i) above.
By-law No: 25-01, Part Lot 27,Concession 5 (Elderslie)
.14
Notwithstanding their 'A1' zoning designation, those land delineated as 'A1-14' on
Schedule 'A' to this By-law, shall be used in accordance with 'A1' zone provisions
contained in this By-law excepting however that:
i.
Non-farm residential uses shall be permitted;
ii. No more than 3.7 nutrient units per hectare (1.5 nutrient units per acre) shall be
permitted.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
By-law No: 16-98, Part of Lot 32, Concession 3 (Elderslie) (Housekeeping By-law 59-10)
.15
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-15' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' zone provisions
contained in this By-law excepting however that:
i.
An 'Accessory Dwelling Unit - Detached' shall be prohibited.
By-law No: 24-00, Part Lot 32 and 33, Concession 6 (Arran)
.16
Notwithstanding their 'A1' zoning designation, those land delineated as 'A1-16' on
Schedule 'A' to this By-law, shall be used in accordance with 'A1' zone provisions
contained in this By-law excepting however that:
i.
Non-farm residential uses shall be permitted;
ii. Agricultural uses, specialized agricultural uses, sod farms and liquid manure storage
facilities shall not be permitted uses;
iii. Notwithstanding the setback requirements of Section 621(b) Watercourse Setbacks,
no permanent building or structure shall be erected closer than 6.1 meters (20 feet)
to the top of bank of any watercourse;
iv. A Home Occupation--Agricultural Business shall be prohibited in all accessory
buildings.
By-law No: 89-20, Lot 21, Half-Mile Strip (Arran)
By-law No: 17-87, Part Lot 1, Concession 6 (Elderslie) (Housekeeping By-law 59-10)
.17
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-17' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' zone provisions
contained in this By-law excepting however that:
i.
In addition to the residential uses permitted, a mobile home for the purpose of
accommodating farm help may be permitted.
General Agriculture (A1)
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Municipality of Arran-Elderslie
By-law No: 35-00, Part Lot 4 and 5, Concession 'B', and Part of Lot 1, Concession 2 (Elderslie)
(Housekeeping By-law 59-10)
.18.
Notwithstanding their 'A1' zoning designation, those lands designated as 'A1-18' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' zone provisions
contained in this By-law excepting however that:
(i)
'Agricultural Heritage - Special Occasion Events' and 'Agricultural Heritage -
Daily Operations' shall be permitted uses;
(ii)
'Agricultural Heritage - Special Occasion Events' means an event held no more
than two (2) times per calendar year for no more than four (4) consecutive days
per event and featuring active and stationary displays/exhibits of heritage
agricultural implements, heritage tractors & threshing machines, heritage
forestry practices and equipment, heritage farm life displays and heritage crop
planting. Heritage tractor pulls, limited to tractors 40 years of age and older,
shall also be permitted.
(iii)
'Agricultural Heritage - Special Occasion Events' shall not include heritage period
re-enactments, fairs, carnivals, demolition derby, music festivals, concerts,
talent contests, jam sessions or their like, hall receptions/rentals, automotive
and recreation vehicle racing/mud bogging or other such similar uses.
(iii)
Other secondary uses permitted only during an 'Agricultural Heritage - Special
Occasion Events' shall include:
(1)
On-site retail and/or commercial sales shall be restricted to the sale of
'agricultural heritage/agricultural history' related items (e.g. model
tractors/implements, antique equipment, antiques or period furniture)
and food items that may either be consumed on site or removed for later
consumption. The sale of alcoholic beverages shall be prohibited;
(2)
Displays, competitions, exhibits or other similar events featuring antique
cars or trucks;
(3)
On-site camping for travel trailers, tent-trailers, tents or similar
transportable accommodation belonging to Heritage Club members only.
Campers will be required to observe 'Quiet Hours' from 2300 hours to
0700 hours. No storage of travel trailers, tent-trailers or similar
transportable accommodation shall be permitted at any time;
(4)
Contemporary agriculture demonstrations, exhibits, crop trials, tillage
trials including Plowman's Association events, Soil and Crop Improvement
Association demonstrations, and farm equipment demonstrations;
(5)
Tours for school, church, and other similar groups and interested parties.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
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Municipality of Arran-Elderslie
(iv)
'Agricultural Heritage - Daily Operations' means the day to day operations other
than during 'Agricultural Heritage -Special Occasion Events' but shall not include
non-agricultural displays, heritage period re-enactments, fairs, carnivals,
demolition derby, music festivals, concerts, talent contests, jam sessions or their
like, hall receptions/rentals, automotive and recreational vehicle racing/mud
bogging or other such similar uses.
(v)
Other secondary uses permitted during 'Agricultural Heritage - Daily Operations'
shall include:
(1)
On-site food and beverage sales limited to hot and cold non-alcoholic
beverages and packaged snack foods;
(2)
Retail and commercial sales limited to items related to 'agricultural
heritage/agricultural history';
(3)
Contemporary agriculture demonstrations, exhibits, crop trials, tillage
trials including Plowman's Association events, Soil and Crop Improvement
Association demonstrations, and farm equipment demonstrations;
(4)
Tours for school, church, and other similar groups and interested parties.
(vi)
Notwithstanding the above, the following schedule for 'Agricultural Heritage -
Special Occasion Events' and 'Agricultural Heritage - Daily Operations' shall be
adhered to for the stated periods:
Year
Number of 'events'
Type of 'event'
2000
1
'Agricultural Heritage - Special Occasion
Events'
2000
2
'Agricultural Heritage - Daily Operations'
2001
As per Section 10.3.4(ii)
'Agricultural Heritage - Special Occasion
Events'
2001
2
'Agricultural Heritage - Daily Operations'
2002 +
As per Section 10.3.4(ii)
'Agricultural Heritage - Special Occasion
Events'
2002 +
Unlimited
'Agricultural Heritage - Daily Operations'
(vii)
the minimum lot area shall be 12.1 hectares (30 ac.); and
(viii)
the minimum lot frontage shall be 537 metres (1762 feet).
General Agriculture (A1)
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Municipality of Arran-Elderslie
By-law No: 35-00, Part Lot 4 and 5, Concession 'B', and Part of Lot 1, Concession 2 (Elderslie)
.19
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-19 on
Schedule 'A' to this By-law, shall be used in accordance with the 'A1' zone provisions
contained in this By-law excepting however that:
i.
The minimum lot area shall be 33.2 hectares (82 acres);
ii. The minimum lot frontage shall be 447 metres (1467 feet); and,
iii. Residential structures shall be prohibited.
By-law No: 9-91, Part Lot 33, Concession 1 (Elderslie) (Thomson)
.20
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-20' on
Schedule 'A' to this By-law shall be used in accordance with all of the requirements of
contained in this By-law excepting however that:
i.
Permitted Uses: The Permitted Uses shall be limited to the following:
-
Dwelling, Non-Farm
-
Kennel as per Section 8.4
-
Home Occupation - Domestic and Professional Uses as per Section 6.9
-
Home Occupation - Bed & Breakfast Establishment as per Section 6.10
-
Home Industry as per Section 6.11
-
Group Home Type 1
-
Accessory Buildings & Structures as per Section 6.6
ii. Zone Provisions: No person shall within the A1-20 zone use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
PROVISIONS
Minimum Lot Area
0.5 hectares (1.25 ac)
Minimum Lot Frontage
50.59 metres (166 ft)
Minimum Front Yard
7.5 metres (25 ft)
Minimum Side Yard
7.5 metres (25 ft)
Minimum Rear Yard
15 metres (50 ft)
Maximum Height
10 metres (33 ft)
Minimum Ground Floor Area
Detached Dwelling
70 m2 (753 ft2) [greater than 1 storey]
100 m2 (1080 ft2.) [1 storey]
Maximum Lot Coverage
5%
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
77
Municipality of Arran-Elderslie
A1-21-10
225 Sideroad 5; Pt Lot 5 Con 5 Eldserslie (Z-14-2010.38 Kotzeff) 14Jun10
.21
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-21-10' may be used in compliance with the 'A1' zone provisions
contained in this By-law, excepting however, that:
i.
The minimum lot area shall be 36.8ha (91 ac).
A1-23-10
554 Concession 8 East Arran; Pt Lot 15 Con 9 (Arran) (Z-15-2010.49 E. Horner)
.22
14Jun10
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-23-10' may be used in compliance with the 'A1' zone provisions
contained in this By-law, excepting however, that:
i.
The number of livestock units is limited to 0.5 livestock units per acre (1.24
livestock units per hectare).
A1-25-10
554 Concession 8 East Arran; Pt Lot 15 Con 9 (Arran) (Z-15-2010.49 E Horner)
.23
14Jun10
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-25-10' may be used in compliance with the 'A1' zone provisions
contained in this By-law, excepting however, that:
i.
Residential uses shall be prohibited.
ii. The minimum lot area shall be 36 hectares (88ac).
A1-28-2010 878 Sideroad 20 Arran; Con 9 Pt Lot 21 (Arran) (Z-16-2010.49 S Horner)
.24
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-28-10' may be used in compliance with the 'A1' zone provisions
contained in this By-law, excepting however, that:
i.
The number of livestock units is limited to 0.5 livestock units per acre (1.24
livestock units per hectare)
ii. The minimum lot frontage shall be 16.6 m (54 ft).
A1-29-10
Con 9 Pt Lot 21 (Arran) (Z-16-2010.49 S Horner) 14Jun10
.25
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-29-10' may be used in compliance with the 'A1' zone provisions
contained in this
By-law, excepting however, that:
i.
Residential uses shall be prohibited
ii. The minimum lot area shall be 37.6 ha (93 ac).
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
78
Municipality of Arran-Elderslie
A1-55-10
Con 3 Pt Lot 6 (Elderslie) (Z-47-2010 Ziegler co Maxwell) 27Sep10
.26
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-55-10' may be used in compliance with the 'A1' zone provisions
contained in this By-law, excepting however, that:
i.
Residential uses shall be prohibited
ii. The minimum lot area shall be 38.75ha (95.75ac).
A1-06-11
645 Con 8 East Arran; Con 8 Lot 13 (Z-60-2010.49 Ryan c/o McLean) 14Feb11
.27
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-06-11' on Schedule 'A' to this By-law may be used in compliance with
the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
The number of livestock units is limited to 0.5 livestock units per acre (1.24
livestock units per hectare).
A1-57-10
4029 Bruce Rd 10; Pt Lt 30, Con 10 Arran (Z-45-2010.49 McDonald) 11May11
.28
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-57-10' on Schedule 'A' to this By-law may be used in compliance with
the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
The number of livestock units is limited to 0.5 livestock units per acre (1.24
livestock units per hectare).
A1-58-10
4029 BRUCE RD 10; Pt Lt 30, Con 10 Arran (Z-45-2010.49 McDonald) 11MAY11
.29
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-58-10' on Schedule 'A' to this By-law may be used in compliance with
the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
The minimum lot area shall be 35.2 ha (87 acres).
ii.
Driveway Access to this parcel from Bruce Road 10 shall be prohibited.
A1-09-10
238 Concession 8 Elderslie; Con 9 Lot 30 (Elderslie)
(Z-47-11.39 HSKP 2 - Legge)
.30
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as A1-01-09" on Schedule 'A' to this By-law may be used for Residential
purposes in compliance with the 'A1' zone provisions contained in this By-law,
excepting however that:
i.
The number of permitted livestock units is limited to 0.5 units per acre (1.24
livestock units per hectare).
ii. The minimum side yard setback shall be reduced from 10m (33ft) to 4.6m (15ft).
iii. The minimum separation distance (MDS I) from the barn located at 2407 Bruce Road
10, Con 8 Pt Lot 30 (Elderslie), shall be reduced from 276m (907ft) to 253m (830ft).
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
79
Municipality of Arran-Elderslie
A1-28-08 Sideroad #5S, Lot 6 Con 1Arran (Z-47-11.39 HSKP 2- Trelford) 11OCT11
.31
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as "A1-28-08" on Schedule 'A' to this By-law may be used for Residential
purposes in compliance with the 'A1' zone provisions contained in this By-law,
excepting however that:
i.
The number of permitted livestock units is limited to 0.5 units per acre (1.24
livestock units per hectare).
ii. The minimum rear yard setback shall be reduced from 10m (33ft) to 3m (10ft).
A1-31-06
Pt Lot 6 Con 8 (Z-47-11.39 HSKP 2 - Horst Men Sch) BL 38-11, 11Oct11
.32
Notwithstanding their 'A1 General Agriculture zoning designation, those lands
delineated as 'A1-31-06' on Schedule 'A' to Arran-Elderslie Comprehensive Zoning By-
law 36-09 may be used for 'private school' purposes in compliance with the 'I'
Institutional zone provisions contained in this By-law, excepting however that:
i.
The required Minimum Distance Separation (MDS 1) for a livestock housing facility
and manure storage shall be reduced to 250 metres.
A1-28-06
370 Bruce Rd 40; Pt L 27 Con 13 Elderslie (Z-47-11.39 HSKP 2 - Alpaugh)
11OCT11
.33
Notwithstanding their 'AI' General Agriculture zoning designation, those lands
delineated as 'A1-28-06' on Schedule 'A' to Municipality of Arran Elderslie
Comprehensive Zoning By-Law 36-09 may be used in compliance with the 'A1' zone
provisions contained in this By-law, excepting however, that:
i.
intensive agricultural uses and liquid manure storage facilities shall be prohibited;
ii. the existing barn shall be a permitted use provided that;
a. any expansion of the existing barn is prohibited;
b. the livestock housing capacity shall be limited to a maximum of 25 animals;
c. only a dry manure system shall be used.
iii. all new livestock facilities on the property are subject to the Minimum Distance
Separation formulae; and
iv. the minimum lot frontage is reduced to 42 ft.
A1-30-2012 162 Con 4; W Pt Lot 33 Con 5 Arran (Z-34-12.49 Merriam) 13Aug12
.34
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-30-2012' may be developed subject to the following provisions:
i.
The lands to which this temporary use bylaw applies may be used for a garden suite
on a temporary basis in addition to the existing permanent residence.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
80
Municipality of Arran-Elderslie
ii. Pursuant to Section 39.1 (3) the temporary use authorized by this bylaw shall be in
effect for a period of time of ten (10) years from the date of passing of this bylaw.
iii. A reduced MDS setback from 273 m (895 ft) to 216 m (709 ft) with regard to the
barn on the south side of Concession 4 is permitted.
iv. The development shall be subject to site plan control.
A1-35-2012 2051 Bruce Road 19, Part Lot 28 Con 1 Elderslie (Z-30-12.38 Kuepfer) 13Aug12
.35
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-35-2012' may be developed subject to the following provisions:
i.
The maximum building footprint area for home industry uses shall be 25,000 ft2 in
the southeast corner of the property.
A1-47-2012 1319 Concession 2; Con 2 Lot 4 Arran (Z-40-12.49 Snobelen) 12Nov12
.36
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-47-2012' may be developed subject to the following provisions:
i.
The minimum lot frontage shall be 35m (115ft).
ii. The number of livestock units and/or poultry shall be limited to 1.24 nutrient units
per ha (0.5/ac).
A1-48-2012 1369 Concession 2; Con 2 Lot 3 Arran (Z-40-12.49 Snobelen) 12Nov12
.37
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-48-2012' may be developed subject to the following provisions:
i.
The minimum lot frontage shall be 10m (33ft).
ii. The number of livestock units and/or poultry shall be limited to 1.24 nutrient units
per ha (0.5/ac).
A1-49-2012 1403 Concession 2; Con 2 Lot 2 Arran (Z-40-12.49 Snobelen) 12Nov12
See A1-9 Section .9
A1-50-2012 1444 Concession 2; Con 3 Lots 1& 2 Arran (Z-40-12.49 Snobelen) 12Nov12
.38
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-50-2012' may be developed subject to the following provisions:
i.
The minimum lot frontage shall be 25m (82ft).
ii. The number of livestock units and/or poultry shall be limited to 1.24 nutrient units
per ha (0.5/ac).
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
81
Municipality of Arran-Elderslie
A1-18-2013 1095 Concession 10; Con 10 Lot 9 Elderslie (Z-12-2013.38 Biermans) 08Apr13
.39
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-18-2013' on Schedule 'A' to this By-law may be used in compliance
with the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
The number of livestock units is limited to 0.5 livestock units per acre (1.24
livestock units per hectare);
ii. The minimum separation distance from the barn located at 1100 Concession 10,
Lots 8 and 9 Concession 11 (Elderslie) to the lot line shall be reduced from 286m
(938 feet) to 153m (502 feet);
iii. The minimum separation distance from the barn located at 1078 Concession 10
Elderslie (Concession 11 Pt Lot 10) to the lot line shall be reduced from 236 metres
(775 feet) to 195 metres (640 feet);
iv. The minimum side yard setback for the shed existing on January 1, 2013 shall be 8
metres (26.2 feet).
A1-19-2013 1095 Concession 10; Con 10 Lot 9 Elderslie (Z-12-2013.38 Biermans) 08Apr13
.40
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-19-2013' on Schedule 'A' to this By-law may be used in compliance
with the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
Residential uses shall be prohibited.
A1-20-2013 3469 Bruce Rd 10; Plan 15 Lots 111-127 & Lots 128-142 Less RP 3R121 Part 4
(Ackroyd Z-14-2013.49) 08Apr13
.41
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-20-13' on Schedule 'A' to this By-law may be used in compliance with
the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
A mobile home for the purpose of accommodating farm help may be permitted.
ii. Reduced minimum setbacks for development existing as of January 1, 2013 shall be
permitted as follows:
a. Dwelling: 9.75 metres from Bruce Road 10 and 1 metre from Conc 6 Arran
b. Barn: 3 metres from Bruce Road 10
c. Honey Processing Facility: 18.28 metres from Concession 6 Arran.
iii. All future development, expansion or alteration shall comply with the provisions of
the A1 zone.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
82
Municipality of Arran-Elderslie
A1-28-2013 287 Concession 8; Lot 29 Con 8 (Elderslie) (Mannerow Z13-2013.38) 27May13
.42
Notwithstanding their 'A1 General Agriculture' zoning designation, those lands
delineated as 'A1-28-13' on Schedule 'A; to this By-law may be used in compliance with
the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
Residential uses shall be prohibited.
A1-29-2013 287 Concession 8; Lot 29 Con 8 Elderslie (Mannerow Z13-2013.38) 27May13
.43
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-29-13' on Schedule 'A' to this By-law may be used in compliance with
the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
The number of livestock units is limited to 0.5 livestock units per acre (1.24
livestock units per hectare)
ii. The minimum separation distance from the confinement barn located at 278
Concession 8 Elderslie, Lot 29 Concession 9 (Elderslie) to the lot line shall be
reduced from 286m (938 feet) to 116m (380 feet).
iii. The minimum separation distance from the bank barn located at 278 Concession 8
Elderslie (Lot 29 Concession 9) to the lot line shall be reduced from 275 metres (902
feet) to 90 metres (295 feet).
A1-08-14
494 Sideroad 5 South; Part Lots 6 & 7 Concession 5 Arran
(Galbraith Z-63-13.49) 21Feb14
.44
Notwithstanding their 'A1 General Agriculture' zoning designation, those lands
delineated as 'A1-08-14' on Schedule 'A; to this By-law may be used in compliance with
the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
The number of livestock units is limited to 0.5 livestock units per acre (1.24
livestock units per hectare)
ii. The minimum front yard setback for the shed existing on February 10, 2014 is
8.2metres.
A1-09-14
494 Sideroad 5 South; Part Lots 6 & 7 Concession 5 Arran
(Galbraith Z-63-13.49) 21Feb14
.45
Notwithstanding their 'A1 General Agriculture' zoning designation, those lands
delineated as 'A1-09-14' on Schedule 'A; to this By-law may be used in compliance with
the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
Residential uses shall be prohibited
ii. Minimum lot area shall be 19.7 ha
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
83
Municipality of Arran-Elderslie
A1-44-2014 23 Sideroad 15 North; Part Lots 15 & 16 Concession 11 Elderslie
(Brubacher Z-30-14.38) 08Sep14
.46
Notwithstanding Sections 3.11 and 6, those lands delineated as 'A1-44-2014' on
Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone provisions
contained in this by-law, excepting however:
i.
A Home Industry with a maximum size of 223m² (2400ft²) is permitted.
ii. The Home Industry is a Farm Equipment Repair and Equipment Rentals business
only.
iii. All other provisions of Section 3.11 apply
A1-60-2014
Bruce Road 3; Lot 20 Concession A Arran
(Sluys c/o Davidson Z-60-14.49) 24Nov14
.47
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-60-14' on Schedule 'A' to this By-law may be used in compliance with
the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
The number of livestock units is limited to 0.5 livestock units per acre (1.24
livestock units per hectare)
ii. The minimum south side yard setback for the shed that existed at the date of the
passage of this by-law is 3m.
A1-61-2014
Bruce Road 3; Lot 20 Concession A Arran
(Sluys c/o Davidson Z-60-14.49) 24Nov14
.48
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'A1-61-14' on Schedule 'A' to this By-law may be used in compliance with
the 'A1' zone provisions contained in this By-law, excepting however, that:
i.
Residential uses shall be prohibited.
A1-16-2015 Concession A Part Lot 5, Concession 6 Part Lot 5 West of Road, and Concession
A Part Lot 4 Elderslie (Fleming c/o Castle Z-3-15.38)
.49
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-16-
2015 on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
Minimum Lot area is 38ha.
A1-29-2015a Concession 6 East, Part of Lot 20; (Arran), (Christie Z-13-15.49)
.50
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-29-
2015a on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
The number of livestock units is limited to 0.5 livestock units per hectare (1.24
livestock units per acre)
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
84
Municipality of Arran-Elderslie
A1-29-2015b Concession 6 East, Part of Lot 20; (Arran), (Christie Z-13-15.49)
.51
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-29-
2015b on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
A1-30-2015a Concession 9, Lot 23 (Arran), (De Boer Z-14-15.49)
.52
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-30-
2015a on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
The number of livestock units is limited to 0.5 livestock units per hectare (1.24
livestock units per acre)
ii.
The minimum distance separation from the non-farm lot to the livestock facility
located at Concession 8 Lot 23 (Arran) shall be 183 metres.
A1-30-2015
Concession 9, Lot 23 (Arran), (De Boer Z-14-15.49)
.53
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-30-
2015b on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
A1-38-2015a Concession 10 Lot 3 (Arran) (Sluys c/o Davidson Z-26-15.49)
.54
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-38-
2015a on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
The number of livestock units is limited to 0.5 livestock units per hectare (1.24 units
per acre)
ii. The minimum distance separation from the non-farm lot to the livestock facility
located at Concession 10 Part Lot 4 (Arran) shall be 141 metres.
iii. The minimum distance separation from the non-farm lot to the livestock facility
located at Concession 11 Lot 3 (arran) shall be 177 metres
A1-38-2015a Concession 10 Lot 3 (Arran) (Sluys c/o Davidson Z-26-15.49)
.55
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-38-
2015b on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
85
Municipality of Arran-Elderslie
A1-44-2015a Concession 7 N Pt Lot 5 and Lot 6, and Concession 8 Lot 6 (Arran)
(Westenberg c/o Escarpment Biosphere Conservancy Z-35-15.49)
.56
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-44-
2015a on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
Minimum lot frontage shall be 10m (32.8 ft)
A1-44-2015b
Concession 7 Lot 6 (Arran) (Westenberg c/o Escarpment Biosphere
Conservancy Z-35-15.49)
.57
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-44-
2015b on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
Minimum lot area shall be 13.1 ha (32.4 ac)
ii. H1 Holding provision requiring an archeological study should any development
proceed in the future.
A1-11-2016a Concession 7 Part Lot 2 (Arran) (Underwood c/o Kruse Z-51-15.49)
.58
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-11-
2016a on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
The number of livestock units is limited to 0.5 livestock units per hectare (1.24
livestock units per acre)
ii. The minimum distance separation from the non-farm lot to the livestock facility
located at Concession 6, Lot 2 (Arran) shall be 90 m.
A1-11-2016b Concession 7 South Part Lots 1-2 (Arran) (Underwood c/o Kruse Z-51-15.49
.59
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-11-
2016b on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
ii. Recognise a minimum lot area on the retained parcel of 38.8 ha (95.15 ac)
A1-19-2016a Concession 13, Part Lot 36; (Elderslie) (Dudgeon /Z-4-16.38)
.60
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-19-
2016a on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
The number of livestock units is limited to 0.5 livestock units per hectare (1.24
livestock units per acre).
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
86
Municipality of Arran-Elderslie
A1-19-2016b Concession 13, Part Lot 36; (Elderslie) (Dudgeon /Z-4-16.38)
.61
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-19-
2016b on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
ii. Minimum lot size shall be 31 ha (76.6 ac).
A1-20-2016a Concession 13, Part Lot 27; (Elderslie), (H. Biermans / Z-7-16.38)
.62
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-20-
2016a on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
The number of livestock units is limited to 0.5 livestock units per hectare (1.24
livestock units per acre)
ii. Minimum lot frontage shall be 10 m (32.8 ft)
iii. Recognise a minimum distance separation of 260 m (853 ft) from livestock facility at
Concession 13, Lot 28
A1-20-2016b Concession 13, Part Lot 27; (Elderslie), (H. Biermans / Z-7-16.38)
.63
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-20-
2016b on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
ii. Minimum lot frontage shall be 10 m (32.8 ft)
iii. Minimum lot area shall be 35.9 ha (88.8 ac)
A1-35-2016
Concession 1 E Part Lot 22, and Concession 1 W Part Lot 22; (Elderslie),
(Schriek c/o Molnar) / Z-15-16.38)
.64
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-35-
2016 on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
"Residential uses shall be prohibited".
A1-50-2016a Concession 9 Lot 31 (Arran), (Herron / Z-48-16.49)
.65
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-50-
2016a on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
The number of livestock units shall be limited to 0.5 livestock units per hectare
(1.24 livestock units per acre)"
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
87
Municipality of Arran-Elderslie
A1-50-2016b Concession 9 Lot 31, (Arran), (Herron / Z-48-16.49).
.66
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-50-
2016b on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
ii. Minimum lot size of shall be 11.6 ha (28.7 ac)."
A1-57-2016a Concession B, Lot 30; (Arran), (Bacskai / Z-67-16.49)
.66
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-57-
2016a-H on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
minimum lot size of 6.63 ha (16.4 ac)
ii. front yard setback of 9.3 m (30.5 ft)
iii. The Holding symbol may be removed under the following conditions:
a. Completion of an Archaeological Assessment by an archaeologist licensed in the
province of Ontario and confirmed by the appropriate Ministry to have been
accepted into the Ontario Public Register of Archaeological Reports; and
b. Confirmation to the satisfaction of the Zoning Administrator that the
recommendations of the archaeological assessment (if any) have been
completed.
A1-57-2016a Concession B, Lot 30; (Arran), (Bacskai / Z-67-16.49)
.67
Notwithstanding the General Agriculture (A1) Zone, those lands delineated as A1-57-
2016b-H on Schedule 'A' to this By-law shall be used in compliance with the 'A1' zone
provisions contained in this by-law, excepting however:
i.
minimum lot frontage of 80m (262.5ft)
ii. residential uses prohibited
iii. The Holding symbol may be removed under the following conditions:
a. Completion of an Archaeological Asessment by an archaeologist licensed in the
province of Ontario and confirmed by the appropriate Ministry to have been
accepted into the Ontario Public Register of Archaeological Reports; and
b. Confirmation to the satisfaction of the Zoning Administrator that the
recommendations of the archaeological assessment (if any) have been
completed.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
88
Municipality of Arran-Elderslie
A1-63-2016
Concession B Pt Lot 5, Concession 2 Pt Lot 1 as in R330917, RP 3R6759, Parts
1, 2, 3 (Elderslie) (Bruce County Heritage Assoc (BCHA). / Z-2-15.38)
.68
Notwithstanding their 'Al' zoning designation, those lands designated as 'Al 63-2016 on
Schedule 'A' to this By-law shall be used in accordance with the 'Al' zone provisions
contained in this By-law excepting however that:
(i) Permitted uses, buildings, and structures are limited to: -
-
'Agricultural Heritage - Daily Operations';
-
'Agricultural Heritage - Special Occasion Events,'
-
Accessory buildings and structures
-
Historic buildings and structures
(ii) 'Agricultural Heritage - Daily Operations' means day to day operations of the facility
and includes:
(1) On-site retail and/or commercial sales of 'agricultural heritage/agricultural
history' related items (e.g. model tractors/implements, antique equipment,
antiques or period furniture) as well as food and hot or cold beverage items that
may either be consumed on site or removed for later consumption. The sale of
alcoholic beverages shall be prohibited.
(2) Heritage Displays/exhibits and artifact storage, including agricultural
implements, heritage tractors & threshing machines, heritage forestry practices
and equipment, heritage farm life displays and heritage crop planting.
(3) Contemporary agriculture demonstrations, exhibits, crop trials, tillage trials
including Plowman's Association events, Soil and Crop Improvement Association
demonstrations, and farm equipment demonstrations;
(4) Tours for groups and interested parties.
(5) Seasonal Indoor storage of travel trailers, tent trailers and similar transportable
accommodation belonging to members as an accessory use.
(6) Heritage Club Meetings
(7) Wedding Ceremonies and similar gatherings, however no more than two
receptions with or without dinners and dances, with or without alcoholic
beverages, shall occur in any calendar year.
(iii) 'Agricultural Heritage - Special Occasion Events' means an event held no more than
two (2) times per calendar year for no more than four (4) consecutive days per event
and permitting, in addition to the uses described above:
(1) Active heritage displays
(2) Displays, competitions, exhibits or other similar events featuring antique cars or
trucks, Heritage tractor pulls and sanctioned, modified tractor and truck pulls
but not including demolition derby, automotive and recreation vehicle
racing/mud bogging or other such similar uses
(3) Receptions, Dinners and dances accessory to the uses listed in (iii)(1) and (iii)(2)
above, including the sale of alcoholic beverages.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
89
Municipality of Arran-Elderslie
(4) Accessory On-site camping for travel trailers, tent-trailers, tents or similar
transportable accommodation belonging to Heritage Club members only,
including 2 days before or after the event, and subject to the following:
i.
A maximum of 200 campsites may be permitted on the property with access
from Sideroad 2A.
ii. iA maximum of 400 campsites may be permitted on the property with access
from County Road 3.
iii. The total number of campsites on the property shall not exceed 400.
iv. No camping shall be permitted within or east of the unopened road
allowance between Concession 'B' and Concession 2
v. No camping shall be permitted within 260 metres of the livestock facility
located on Concession 2 Part Lots 1,2, and 3.
vi. Each campsite shall have a minimum dimension of 7.5 metres width x 15
metres depth. Access to sites shall be provided by a drive aisle with a
minimum width of 6 metres and intersecting drive aisles shall be located no
more than 180 metres apart. All drive aisles shall be kept clear of parked
vehicles and other obstructions.
(iv) A tree planting area shall be established on the subject lands adjacent to Sideroad
2A for a distance of 120 metres east from the boundary of the rail trail corridor, in
accordance with the provisions of Section 3.15, excepting however that the planting
area shall be 7.5 metres wide.
(v) The property is subject to Site Plan Control under Section 41 of the Planning Act,
R.S.O. 1990.
(vi) THAT, Notwithstanding Sections 6.4.x (iii) (4) i; ii, and vi of this bylaw, a maximum-
of 400 accessory onsite campsites with minimum dimensions of 7.5 metres width by
10 metres depth shall be permitted for events held in accordance with Section 6.4.x
(iii) Agricultural Heritage - Special Occasion Events' of this by-law before before
December 31, 2018. All other provisions of this by-law shall apply.
A1-07-2017
Concession 5 Part lot 29 (Elderslie) (Saunders c/o Legge / Z-89-16.38)
.69
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-07-
2017a-H- General Agriculture Special Holding on Schedule 'A' to this By-law shall be
used in compliance with the 'Al' zone provisions contained in this by-law, excepting
however:
i.
Residential uses shall be prohibited.
ii. Hl Holding provision per Section 4.4.4 applies
.70
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-07-
2017b - General Agriculture Special on Schedule 'A' to this By-law shall be used in
compliance with the 'Al' zone provisions contained in this by-law, excepting however:
i.
Livestock is limited to 1.25 nutrient units per hectare (0.5 NU per ac). MDS guidelines
shall apply.
ii. Minimum rear yard shall be 3m (9.8 ft).
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
90
Municipality of Arran-Elderslie
Al-08-2017 - General Agriculture Special, Concession B Lot 12 to 13 (Arran) (Baer c/o
Snobelen / Z-92-16.49)
.80
Notwithstanding the General Agriculture (Al) Zone those lands delineated as Al-08-
2017a - General Agriculture Special on Schedule 'A' to this By-law shall be used in
compliance with the 'Al' zone provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
.81
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-08-
2017b - General Agriculture Special on Schedule 'A' to this By-law shall be used in
compliance with the 'Al' zone provisions contained in this by-law, excepting however:
i.
Livestock on the severed parcel shall be limited to no more than 1.25 nutrient units
per hectare (0.5 NU per ac). MDS guidelines shall apply.
Al-09-2017 - General Agriculture Special, Concession HMS Part Lot 40 as in R346757, Pt 1
3R1771 (Arran) (Nelson c/o Kelly / Z-93-16.49)
.82
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-09-2017
- General Agriculture Special on Schedule 'A' to this By-law shall be used in compliance
with the 'Al' zone provisions contained in this by-law, excepting however:
i.
Minimum lot area of 21.9 ha (54 ac)
Al-32-2017 - General Agriculture Special, Concession 7 Lot 32 (Arran), (Grasslands c/o Rier,
Z-24-17.49
.83
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as A1-32-
2017a on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this by-law, excepting however:
i.
The number of livestock units is limited to no more than 1.24 nutrient units per
hectare (0.5 NU per ac
.84
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as A1-32-
2017b on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
ii. The minimum lot area shall be 37.7 ha
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
91
Municipality of Arran-Elderslie
A1-45-2017, Part of Lot 11 and Lot 12 Concession 6 (Arran), (Morris c/o Cuesta, Z-45-17.49)
.85
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as A1-45-
2017a on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this bylaw, excepting however:
i.
Livestock units shall be limited to no more than 1.25 nutrient units per hectare (0.5
NU per ac).
ii. Minimum side yards for buildings existing at the date of passage of this by-law shall
be permitted as follows:
a. Accessory structure to east lot line: 3.3 metres
b. Dwelling to front lot line: 9 metres
.86
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as A1-45-
2017b on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this bylaw, excepting however:
i.
Residential uses shall be prohibited.
Al-13-2018a Lot 33, Concession 3 (Elderslie), (Z-81-17.38 / P.K.W. Farms Ltd c/o Rier)
.87
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-13-
2018a on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this by-law, excepting however:
i.
Livestock is limited to no more than 1.24 nutrient units per hectare (0.5 NU per ac)
Al-13-2018b Lot 33, Concession 3 (Elderslie), (Z-81-17.38 / P.K.W. Farms Ltd c/o Rier)
.88
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-13-
2018b on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this by-law, excepting however:
i. Residential uses shall be prohibited.
Al-33-2018a, Lot 19 Concession 2 (Arran), (Z-7-18.49 / Monkman c/o Davidson)
.89
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-33-
2018a on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this bylaw, excepting however:
i.
Livestock is limited to 1.25 nutrient units per hectare (0.5 NU per ac). MDS
guidelines shall apply.
ii. Minimum lot frontage shall be 12.2 m
iii. Minimum rear yard shall be 3.1 m for the existing shed
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
92
Municipality of Arran-Elderslie
iv. Minimum side yard shall be 4.7 m for the existing residential dwelling and 4 m for
the existing barn.
Al-33-2018b, Lot 19 Concession 2 (Arran), (Monkman c/o Davidson / Z-7-18.49)
.90
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-33-
2018b on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this bylaw, excepting however:
i.
Residential uses shall be prohibited.
Al-55-2018a, Concession 10 Lot 5 (Arran), (Trelford c/o Davidson / Z-38-18.49)
.91
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-55-
2018a on Schedule 'A' to this By-law. shall be used in compliance with the 'Al' zone
provisions contained in this bylaw, excepting however:
i.
The minimum lot frontage shall be 13. 7 m
ii. For the dwelling, the setback to the north lot line shall be 9.2 m and the setback to
the east lot line shall be 7.6 m
iii. The number of livestock units is limited to no more than 1.24 nutrient units per
hectare (0.5 NU per ac)
Al-55-2018b, Concession 10 Lot 5 (Arran), (Trelford c/o Davidson / Z-38-18.49)
.92
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-55-
2018b on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this bylaw, excepting however:
i.
Residential uses shall be prohibited.
Al-56-2018a, West Part Lot 12, North Part Lot 11, Concession 3 (Arran), (Mason c/o Misch / Z-
43-18.49)
.93
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-56-
2018a on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this bylaw, excepting however:
ii. The minimum lot frontage shall be 11 m.
iii. The Minimum Distance Separation (MDS) I setback for the lot shall be 300 m from
the manure storage and livestock facilities located at CON 2 LOT 11 (Arran).
iv. The number of livestock units is limited to no more than 1.24 nutrient units per
hectare (0.5 NU per ac)
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
93
Municipality of Arran-Elderslie
Al-56-2018b, West Part Lot 12, North Part Lot 11, Concession 3 (Arran), (Mason c/o Misch / Z-
43-18.49)
.94
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-56-
2018b on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this bylaw, excepting however:
i.
Residential uses shall be prohibited.
ii. The minimum lot area shall be 23 ha (57.7 ac).
Al-74-2018a, Lot 4 Concession 12 (Elderslie), (Trelford / Z-39-18.38)
.95
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-74-
2018a on Schedule ''A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this by-law, excepting however:
i.
Livestock is limited to 1.25 nutrient units per hectare (0.5 NU per ac). MDS
guidelines shall apply.
ii. Minimum lot frontage shall be 10 m.
Al-74-2018b, Lot 4 Concession 12 (Elderslie), (Trelford / Z-39-18.38)
.96
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-74-
2018b on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
Al-75-2018a, Concession 6 Lot 7 (Arran), (Morris c/o Cuesta / Z- 55-18.49)
.97
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-75-
2018a on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this by-law, excepting however:
i.
Livestock is limited to 1.25 nutrient units per hectare (0.5 NU per ac). MDS
guidelines shall apply.
ii. The setback to the north side lot line shall be 5.2 m
Al-75-2018b, Concession 6 Lot 7 (Arran), (Morris c/o Cuesta / Z- 55-18.49)
.98
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-75-
2018b on Schedule 'A' to this_ By-law shall be used in compliance with the 'Al' zone
provisions contained in this by-law, excepting however:
i.
Residential uses shall be prohibited.
General Agriculture (A1)
Comprehensive Zoning By-law 36-09
94
Municipality of Arran-Elderslie
Al-76-2018a, Concession 12 Part Lot 27, RP 3R7200 Part PARTS 1 and 2 (Elderslie), (Anderson
c/o McLean / Z-56-18.38)
.99
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-76-
2018a on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this by-law, excepting however:
i.
The setback for a single detached residential dwelling to the east lot line shall be 6.7
m.
ii. The minimum lot size shall be 3247 m2 .
Al-76-2018b, Concession 12 Part Lot 27, RP 3R7200 Part PARTS 1 and 2 (Elderslie), (Anderson
c/o McLean / Z-56-18.38)
.100
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-76-
2018b on Schedule 'A' to this By-law shall be used in compliance with the 'Al' zone
provisions contained in this by-law, excepting however:
i.
The setback for the existing accessory building to the west lot line shall be 1.8 m.
Section 7 - Not in Use
Comprehensive Zoning By-law 36-09
95
Municipality of Arran-Elderslie
Section 7 - Not Used
Hamlet Residential (HR)
Comprehensive Zoning By-law 36-09
96
Municipality of Arran-Elderslie
Section 8 - Hamlet Residential (HR)
8.1
Scoping Note
The provisions of the Hamlet Residential (HR) zone shall generally apply to lands
designated 'Hamlet' on Schedule 'A' Land Use in the County of Bruce Official Plan.
8.2
Uses Permitted
No person shall within a 'Hamlet Residential (HR)'zone use any lot or erect, alter or use
any building or structure for any purpose except the following:
-
'Dwelling, Duplex'
-
'Dwelling, Semi-Detached'
-
'Dwelling, Single Detached'
-
'Group Home - Type One' [in a Dwelling, Single Detached only]
-
'Home Child Care' (By-law 32-2016, Day Care Act update, Z-19-16.39)
-
'Unlicensed Child Care in a permitted dwelling unit' (By-law 32-2016, Day Care Act
update, Z-19-16.39)
-
'Home Occupation - Domestic and Professional Uses' as per Section 3.9 [in a
Dwelling, Single Detached only]
-
'Home Occupation - Bed & Breakfast Establishment' as per Section 3.10 [in a
Dwelling, Single Detached only]
-
'Public park'
8.3
Zone Provisions
No person shall within any 'Hamlet Residential (HR)' zone use any lot or erect or use any
building or structure except in accordance with the following provisions:
Provisions: NEW LOT OF RECORD - No Municipal Water Service Connected
Semi-Detached & Duplex
Single Detached Dwelling
.1
Minimum Lot Area
0.625ha (1.55ac) or 0.313ha
(0.77ac)for each Semi-Detached
Dwelling Unit to be erected on a
separate lot of record
0.5 hectares (1.24ac)
.2
Minimum Lot Frontage
50 m (164 ft) or 25 m (82 ft) for each
Semi-Detached Dwelling Unit to be
erected on a separate lot of record
50 metres (164 ft)
.3
Minimum Front Yard and
Exterior Side Yard
16 metres (52.5 ft)
Hamlet Residential (HR)
Comprehensive Zoning By-law 36-09
97
Municipality of Arran-Elderslie
.4
Minimum Rear Yard
50 metres (164 ft)
.5
Minimum Side Yard
11.5 metres (38 ft) (see Footnote (a))
.6
Minimum Gross Floor Area
90 m2 (969 ft2) per Semi-Detached
Unit or Duplex Dwelling Unit
Not applicable
.7
Minimum Ground Floor Area
Not applicable
70 m2 (753 ft2) [greater than 1
storey];
90 m2 (969 ft2) [1 storey only]
.8
Maximum Building Height
'Main Building'
10 metres (33 ft)
.9
Maximum Lot Coverage
15%
Provisions: New Lot Of Record - Connected to Municipal Water Service
Semi-Detached & Duplex
Single Detached Dwelling
.1
Minimum Lot Area
0.41 ha (1.01 ac) or 0.205 ha (0.51
ac) for each Semi-Detached Unit to
be erected on a separate lot of
record
0.325 hectares (0.81 ac)
.2
Minimum Lot Frontage
40 metres (131ft) or 20 metres
(66ft) for each Semi-Detached Unit
to be erected on a separate lot of
record
40 metres (131 ft)
.3
Minimum Front Yard and
Exterior Side Yard
16 metres (52.5 ft)
.4
Minimum Rear Yard
30 metres (98 ft)
.5
Minimum Side Yard
10 metres (33 ft) (see Footnote (a))
.6
Minimum Gross Floor Area
90 m2 (969 ft2) per Semi-Detached
Unit or Duplex Dwelling Unit
Not applicable
.7
Minimum Ground Floor Area
Not applicable
70 m2 (753 ft2)
[greater than 1 storey]
90 m2 (969 ft2) [1 storey only]
.8
Maximum Building Height
'Main Building'
10 metres (33 ft)
.9
Maximum Lot Coverage
20%
Hamlet Residential (HR)
Comprehensive Zoning By-law 36-09
98
Municipality of Arran-Elderslie
Provisions: Existing Lot Of Record
Semi-Detached & Duplex
Single Detached Dwelling
.1
Minimum Lot Area
Existing
.2
Minimum Lot Frontage
Existing
.3
Minimum Front Yard and
Exterior Side Yard
7.5 metres (25 ft)
.4
Minimum Rear Yard
10 metres (33 ft)
.5
Minimum Side Yard
3 metres (10 ft) on one side & 1.5 metres (5 ft) on the other side
(see Footnote (a))
.6
Minimum Gross Floor Area
90 m2 (969 ft2) per Semi-Detached
Unit or Duplex Dwelling Unit
Not applicable
.7
Minimum Ground Floor Area
Not applicable
70 m2 (753 ft2)
[greater than 1 storey];
90 m2 (969 ft2) [1 storey only]
.8
Maximum Building Height
'Main Building'
10 metres (33 ft)
.9
Maximum Lot Coverage
15%
Footnotes
(a)
The abutting side yard requirement for one unit of a Semi-Detached Dwelling on a
separately titled lot shall be zero metres (0 ft).
8.4 Special Provisions
.1
On lands zoned HR-1, the existing Multiple Dwelling is a permitted use.
.2
On lands zoned HR-2, the minimum flood proofing elevation is 219.0m GSC
HR-09-2017 Pt Park Lot 1, PL 200 and Pt Lot 40 Indian Strip as in R346757, Pt 1 3Rl 771
(Arran)
.3
Notwithstanding the Hamlet Residential (HR) Zone, those lands delineated as HR-09-
2017 - Hamlet Residential Special on Schedule 'A' to this By-law shall be used in
Hamlet Residential (HR)
Comprehensive Zoning By-law 36-09
99
Municipality of Arran-Elderslie
compliance with the 'HR' zone provisions contained in this by-law, excepting however:
i.
Minimum lot area shall be 0.2 ha (0.5 ac)
ii. Minimum rear yard setback shall be 6. 7 m (22 ft)
iii. Residential uses shall be serviced by individual onsite tertiary sewage disposal
system
Cottage Residential (R4)
Comprehensive Zoning By-law 36-09
100
Municipality of Arran-Elderslie
Section 9 - Cottage Residential (R4)
9.1
Scoping Note
The provisions of the Cottage Residential (R4) zone shall generally apply to lands
designated 'Inland Land Development Area' on Schedule 'A' Land Use in the County of
Bruce Official Plan
9.2
Uses Permitted
No person shall within a 'Cottage Residential (R4)'zone use any lot or erect, alter or use
any building or structure for any purpose except the following:
-
Dwelling, Cottage
-
Home Occupation -Domestic & Professional Uses as per Section 6.9
-
Home Occupation - Bed and Breakfast Establishment as per Section 6.10
-
Public Park
9.3
Zone Provisions
No person shall within any R4 - Cottage Residential Zone use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
Provisions
No Municipal Services
.1
Minimum Lot Area
10,000 square metres (107,643 ft2)
4000 square metres (43,057 ft2)(a)
.2
Minimum Lot Frontage
35 metres (115 ft)
.3
Minimum Lot Frontage - Corner Lot
37 metres (141 ft)
.4
Minimum Front Yard or Exterior Side Yard
7.5 metres (25 ft)
.5
Minimum Rear Yard
8 metres (26 ft)
.6
Minimum Side Yard
1.5 metres (5 ft)(b)
.7
Minimum Ground Floor Area
70 square metres (753 ft2) [greater than
1 storey]
90 square metres (969 ft2) [1 storey]
.8
Maximum Building Height - 'Main Building'
10 metres (33 ft)
.9
Maximum Lot Coverage
15%
.10
Setback from High Water Mark
30 metres (a)
Footnotes
(a)
Water lot.
(b)
Provided the sewage disposal system is located in the front yard and a garage, carport
or similar parking structure is provided. Where the sewage disposal system is located in
the rear yard and/or no garage, carport or similar parking structure is provided, one
side yard of a least 3 metres (10 ft) shall be provided.
Cottage Residential (R4)
Comprehensive Zoning By-law 36-09
101
Municipality of Arran-Elderslie
9.4
Special Provisions
By-law No: 25-04, Part Lot 10, Concession 11 (Arran)
.1
Those lands delineated as 'R4-1' on Schedule 'A' to this By-law, shall be used in
accordance with the 'CR' zone provisions contained in this By-law excepting however
that:
i.
The minimum lot size, including lands zoned 'EP', shall be no less than 3.6 hectares
(8.9 acres); and
ii. All buildings and structures, with the exception of a 'non-habitable boat house',
shall be setback 30 metres from the 'EP' zone. Natural vegetation between the lake
and all buildings and structures shall be preserved.
By-law No: 25-04, Part Lot 10, Concession 11 (Arran)
.2
Notwithstanding their 'CR' zoning designation, those lands delineated as 'R4-2' on
Schedule 'A' to this By-law, shall be used in accordance with 'R4' zone provisions
contained in this By-law excepting however that:
i.
The minimum lot size, including lands zoned 'EP', shall be no less than 1.49
hectares (3.7 acres); and
ii. All buildings and structures, with the exception of a 'non-habitable boat house',
shall be setback 30 metres from the 'Hazard Land Area' designation. Natural
vegetation between the lake and all buildings and structures shall be preserved.
By-law No: 25-04, Part Lot 10, Concession 11 (Arran)
.3
Notwithstanding their 'CR' zoning designation, those lands delineated as 'R4-3' on
Schedule 'A' to this By-law, shall be used in accordance with 'R4' zone provisions
contained in this By-law excepting however that:
i.
The minimum lot size, including lands zoned 'EP', shall be no less than 1.54
hectares (3.8 acres); and
ii. All buildings and structures, with the exception of a 'non-habitable boat house',
shall be setback 10 metres from the high water mark of Arran Lake. Natural
vegetation between the lake and all buildings and structures shall be preserved.
By-law No: 25-04, Part Lot 10, Concession 11 (Arran)
.4
Notwithstanding their 'CR' zoning designation, those lands delineated as 'R4-4' on
Schedule 'A' to this By-law, shall be used in accordance with 'R4' zone provisions
contained in this By-law excepting however that:
i.
The minimum lot size, including lands zoned 'EP', shall be no less than 0.57
hectares (1.4 acres).
ii. All buildings and structures, with the exception of a 'non-habitable boat house',
Cottage Residential (R4)
Comprehensive Zoning By-law 36-09
102
Municipality of Arran-Elderslie
shall be setback 10 metres from the high water mark of Arran Lake. Natural
vegetation between the lake and all buildings and structures shall be preserved.
By-law No: 94-06, Part of Lots 10 and 11, Concession 11 and 12 (Arran)
.5
Notwithstanding their 'CR' zoning designation, those lands delineated as 'R4-5' on
Schedule 'A' to this By-law, shall be used in accordance with 'CR' zone provisions
contained in this By-law excepting however that:
i.
Exception from requirement for Section 6.13 'Frontage on a Public Road', those
lands.
Residential - Low Density & Medium Density (R1, R2 & R3)
Comprehensive Zoning By-law 36-09
103
Municipality of Arran-Elderslie
Section 10 -Urban Residential Zones (R1, R2, R3)
10.1 Scoping Note
The provisions of the 'Residential - Low Density Single (R1)' zone or 'Residential - Low
Density Multiple (R2) zone or 'Residential - Medium Density (R3) zone shall generally
apply to lands designated 'Residential' on Schedule 'A', 'B' or 'C': Land Use Plan of the
Official Plan for the Urban Areas of Chesley, Paisley, Tara/Invermay
10.2 Uses Permitted
(revisions as per By-law 23-2013, AE HSKP 3, Z-3-2013.49 22 April 2013)
No person shall within a 'Residential - Low Density Single (R1)' zone or 'Residential -
Low Density Multiple (R2) zone or 'Residential - Medium Density (R3) zone use any lot or
erect, alter or use any building or structure for any purpose except the following:
Permitted Uses
Residential: Low
Density Single
(R1)
Residential: Low
Density Multiple
(R2)
Residential:
Medium Density
(R3)
'Dwelling, Single Detached'
√
√
Not Permitted
'Dwelling, Semi Detached'
√
√
Not Permitted
'Dwelling, Duplex'
√
√
Not Permitted
'Dwelling, Multiple'
Not Permitted
Not Permitted
√
'Townhouse, Cluster' Or
'Townhouse Street'
Not Permitted
√
√
'Apartment Building'
Not Permitted
Not Permitted
√
'Child Care'
√
√
Not Permitted
'Home Child Care"
√
√
√
'Unlicensed Child Care
√
√
√
'Day School'
√
√
Not Permitted
'Home Occupation- Domestic And
Professional' As Per Section 3.9 (A)
√
√
Not Permitted
'Home Occupation - Bed &
Breakfast Establishment'
As Per Section 3.10 (A)
√
√
Not Permitted
'Public Park'
√
√
√
'Group Home - Type 1' (A)
√
√
√
'Residential Care Facility'
As Per Section 20.3
√
√
√
Accessory Buildings & Structures
As Per Section 3.6
√
√
√
Footnotes
Residential - Low Density & Medium Density (R1, R2 & R3)
Comprehensive Zoning By-law 36-09
104
Municipality of Arran-Elderslie
(a)
A 'Home Occupation - Domestic and Professional', 'Home Occupation - Bed & Breakfast
Establishment', and 'Group Home - Type 1' shall be permitted in a Dwelling, Single
Detached only.
10.3 Zone Provisions - 'R1' And 'R2'
(revisions as per By-law 23-2013, AE HSKP 3, Z-3-2013.49 22 April 2013)
No person shall within the 'R1', or 'R2' zones use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
Zone Provisions - For Lots Serviced By Municipal Water And Sewer
'Dwelling, Single
Detached'
'Dwelling,
Duplex' & 'Semi
Detached
'Dwelling, Townhouse'
(R2 Zone)
Cluster (A)
Street
.1
Minimum Lot Area
465 M2 Or
1,500 M2 (C)
5,000 M2 (D)
465 M2
1,500 M2 (C)
5,000 M2 (D)
155 M2
(1668 Ft2)
Per Dwelling Unit
155 M2
(1668 Ft2)
Per Dwelling Unit
.2
Minimum Lot Frontage
15 Metres (50 Ft)
15 Metres (50 Ft)
15 Metres (50 Ft)
15 Metres (50 Ft)
.3
Minimum Front Yard
And Exterior Side Yard
6.0 Metres
(20 Ft)
6.0 Metres
(20 Ft)
(E)
6.0 Metres
(20 Ft)
.4
Minimum
Interior Side Yard
1.2 Metres
(4 Ft)(A)
1.2 Metres
(4 Ft)(B)
(E)
3.0 Metres
(10 Ft)(B)
.5
Minimum Rear Yard
7.5 Metres (25ft)
7.5 Metres (25ft)
(E)
7.5 Metres (25ft)
.6
Maximum
Lot Coverage
35% Including
Accessory
Buildings
Or Structures
35%
40%
40%
.7
Minimum Landscaped
Area/Open Space
Not Applicable
Not Applicable
30%
30%
.8
Maximum Height
'Main Building'
10 M (33 Ft)
10 M (33 Ft)
10 M (33ft)
10 M (33 Ft)
.9
Minimum
Ground Floor Area
70 M2 (753 Ft2)
[Greater Than
1 Storey]
90 M2 (969 Ft2)
[1 Storey]
Not Applicable
Not Applicable
Not Applicable
.10
Minimum
Gross Floor Area
Not Applicable
90 M2 (969 Ft2)
Per Unit
90 M2 (969 Ft2)
Per Unit
90 M2 (969 Ft2)
Per Unit
Footnotes (revisions as per By-law 23-2013, AE HSKP 3, Z-3-2013.49 22 April 2013):
(a) With attached garage or carport. Without an attached garage or carport, the interior side
Residential - Low Density & Medium Density (R1, R2 & R3)
Comprehensive Zoning By-law 36-09
105
Municipality of Arran-Elderslie
yard shall be a minimum of 2.5 metres (8 ft.) on one side and 1.2 metres (4 ft.) on the
other side.
(b) Where a 'Dwelling, Semi Detached' or 'Townhouse, Street' has been equally divided to
provide individual ownership to each dwelling unit, the common side yard may be
reduced to zero (0) metres.
(c) Development on municipal piped water service only.
(d) Development on individual sewage treatment and water services only.
(e) A 'Dwelling, Townhouse, Cluster' shall be subject to the following Yard provisions:
i.
The setback between the front wall of a 'Townhouse Cluster' and an interior roadway
or parking area shall be no less than 4 m (13 ft);
ii. The setback between the end side walls of each 'Townhouse Cluster' (building ends)
shall be no less than 3 m (10 ft);
iii. The setback between the rear walls of a 'Townhouse Cluster' shall be no less than 3
m (10 ft);
iv. The setback between the end side walls and/or rear walls of a 'Townhouse Cluster'
and an abutting lot and/or exterior roadway shall be no less than 7.5 m (25 ft).
Residential - Low Density & Medium Density (R1, R2 & R3)
Comprehensive Zoning By-law 36-09
106
Municipality of Arran-Elderslie
10.4 Zone Provisions - 'R3'
No person shall within the 'R3' zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
Explanatory Note:
All uses in the R3 zone are subject to site plan control. You will be required to receive site plan
approval prior to the issuance of a building permit. You are advised to check with the
Municipality.
Footnotes
(a)
A 'Dwelling, Townhouse, Cluster' shall be subject to the following Yard provisions:
Zone Provisions - For Lots Serviced By Municipal Water And Sewer
Zone Provision
'Dwelling, Townhouse'
'Dwelling,
Multiple'
'Apartment
Building'
Cluster (A)
Street
.1
Minimum Lot Area
155 m2
(1668 ft2) Per
Dwelling Unit
155 m2
(1668 ft2) Per
Dwelling Unit
155 m2
(1668 ft2) Per
Dwelling Unit
650 m2
(6997 ft2) Per
Building
.2
Minimum Lot
Frontage
15.0 metres
(50 ft)
15.0 metres
(50 ft)
7.5 metres (25 Ft)
Per Dwelling Unit
15.0 metres
(50 ft)
.3
Minimum Front Yard
(a)
6.0 metres (20 ft)
6.0 metres (20 ft)
8.0 metres (26 ft)
.4
Minimum Exterior
Side Yard
6.0 metres
(20 ft)
6.0 metres
(20 ft) [End Unit]
8.0 metres
(26 ft)
.4
Minimum Interior
Side Yard
(a)
3.0 metres
(10 ft)
3.0 metres
(10 ft) [end unit](b)
5.0 metres
(16 ft)
.5
Minimum Rear Yard
(a)
7.5 metres (25 ft)
7.5 metres (25 ft)
10.0 metres (33 ft)
.6
Maximum Lot
Coverage
40%
40%
40%
45%
.7
Minimum
Landscaped
Area/Open Space
30%
30%
30%
30%
.8
Maximum Height
'Main Building'
10.0 metres
(33ft)
10.0 metres
(33 ft)
10.0 metres
(33 ft)
20.0 metres
(66 ft)
.9
Minimum
Gross Floor Area
90 m2 (969 ft2)
Single Room Unit: 40 m2 (430.5 ft2)
One Bedroom Unit: 60 m2 (646 ft2)
Two Bedroom Unit: 70 m2 (753 ft2)
Three Bedroom Unit: 90 m2 (969 ft2)
More than three bedrooms: 90 m2
(969 ft2 Plus 10 m2 (107.6 ft2) for each
bedroom in excess of three.
Residential - Low Density & Medium Density (R1, R2 & R3)
Comprehensive Zoning By-law 36-09
107
Municipality of Arran-Elderslie
i.
The setback between the front wall of a 'Townhouse Cluster' and an interior roadway
or parking area shall be no less than 4 metres (13 ft);
ii. The setback between the end side walls of each 'Townhouse Cluster' (building ends)
shall be no less than 3 metres (10 ft);
iii. The setback between the rear walls of a 'Townhouse Cluster' shall be no less than 3
metres (10 ft);
iv. The setback between the end side walls and/or rear walls of a 'Townhouse Cluster'
and an abutting lot and/or exterior roadway shall be no less than 7.5 metres (25 ft).
(b)
Where a 'Townhouse, Street' has been divided to provide individual ownership to each
dwelling unit, the common side yard may be reduced to zero (0) metres.
10.5 Special Provisions R1
R1-56-2014 Concession 8 Part Lot 29 Arran/Tara (Healy Z-45-14.51) 10Nov14
.01
Notwithstanding their R1 Residential zoning the lands zoned R1-56-2014 may be
developed subject to the following provisions:
Permitted uses (Municipal water service only) shall be limited to:
-
Single detached dwelling
-
Accessory uses, buildings, and structures
-
Public Park
Permitted uses (Municipal water and sewer): as per Section 10.2
Minimum setbacks (Municipal Water service only):
-
Minimum Lot Area: 6.35 ha
-
Minimum Lot Frontage: 139 metres
-
Minimum Front Yard Setback: 6.0 metres
-
Minimum East Yard Setback: 83.6 metres
-
Minimum West Yard Setback: 17.7 metres
-
Minimum Rear Yard Setback: 323.9 metres
Minimum setbacks (Municipal Water service only): as per Section 10.3
R1-56-2014-H Concession 8 Part Lot 29 Arran/Tara (Healy Z-45-14.51) 10Nov14
.02
Requirement to lift the H-Holding Zone Provision:
-
Final Approval and Registration of a Plan of Subdivision or Phase of a Plan of Subdivision
for the area to be lifted.
Residential - Low Density & Medium Density (R1, R2 & R3)
Comprehensive Zoning By-law 36-09
108
Municipality of Arran-Elderslie
R1-48-2016a-H Half Mile Strip Part Lot 30, 3R-5807 Part 2 (Arran) (Nickason / Z-32-16.49)
.03
Notwithstanding the Low Density Residential (R1) Zone, those lands delineated as R1-
48-2016a-H on Schedule A to this By-law shall be used in compliance with the 'R1'
zone provisions contained in this by-law, excepting however:.
i.
All buildings and structures shall occur within 45 m of the east lot line, and
buildings and structures shall be located at a minimum elevation of 219.3 metres
measured from the geodetic survey of Canada.
ii. Requirement to Remove the Holding Provision: Completion of a Road Constructed
from Sideroad 25 to Nickason Drive to the satisfaction of the Municipality of Arran
Elderslie in accordance with an agreement to be established with the Municipality of
Arran Elderslie.
Rl-34-2018, Plan 168 Park Pt Lot 2 to Pt Lot 1 (Chesley), (Peto c/o Davidson / Z-8-18.39)
.04
Notwithstanding the Residential: Low Density Single (Rl) Zone, those lands delineated as
Rl-34-2018 on Schedule 'A' to this By-law shall be used in compliance with the 'Rl' zone
provisions contained in this bylaw, excepting however:
i.
A residential care facility is a permitted use
ii. The minimum lot area shall be 2152 m2
iii. The minimum lot frontage shall be 26.5 m
iv. The minimum side yard for the existing building shall be 1.9 m for the south side
yard and 3.7 m for the north side yard
v. The maximum lot coverage shall be 15.3%
vi. The setback for the existing driveway to the north lot line shall be Om
vii. The setback for the parking lot to the side lot line that runs parallel to the front and
rear lot lines shall be 1.5 m
viii. Parking spaces associated with the residential care facility use shall be calculated at
a rate of 0.68 parking spaces per patient or resident room
Residential - Low Density & Medium Density (R1, R2 & R3)
Comprehensive Zoning By-law 36-09
109
Municipality of Arran-Elderslie
10.6 Special Provisions - R2
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Residential - Low Density & Medium Density (R1, R2 & R3)
Comprehensive Zoning By-law 36-09
110
Municipality of Arran-Elderslie
10.7 Special Provisions - R3
R3-56-2015 Plan 255 Lts3 & 4 E/S REGENT Paisley (Panagiotakopoulos Z-41-15.41) 14Dec15
.01
Notwithstanding the Medium Density Residential (R3) Zone, those lands delineated as
R3-56-2015 on Schedule 'A' to this By-law shall be used in compliance with the 'R3'
zone provisions contained in this by-law, excepting however:
i.
Interior side yard setback of 4.7 m (15.4 ft) on the building existing on the date of
passage of this by-law.
ii. Lands are designated as a site plan control area under Section 41 of the Planning Act,
R.S.O. 1990.
R3-29-2017, Plan M-89, Part Lots 22 to 26 (Tara), (Clancy c/o Davidson / Z-21-17.51)
.02
Notwithstanding the Residential - Medium Density (R3) Zone, those lands delineated as
R3-29-2017 on Schedule 'A' to this By-law shall be used in compliance with the 'R3'
zone provisions contained in this bylaw, excepting however:
i.
Southerly lot line setbacks shall be 5.1 m for unenclosed, covered decks
ii. Northerly lot line setbacks shall be 4.8 m for townhouses, and 2.4 m for the
unenclosed, covered decks
iii. Westerly lot line setback shall be 6.6m for the western most townhouse
Travel Trailer Park and Campground (TTP)
Comprehensive Zoning By-law 36-09
111
Municipality of Arran-Elderslie
Section 11 - Travel Trailer Park And Campground (TTP)
11.1 Scoping Note
The provisions of the Travel Trailer Park and Campground (TTP) Zone shall generally
apply to lands designated as 'Recreation & Open Space' on Schedule 'A', 'B' or 'C': Land
Use Plan of the Official Plan for the Urban Areas of Chesley, Paisley, Tara/Invermay or
designated 'Travel Trailer Park & Commercial Campground' on Schedule 'A': Land Use of
the County of Bruce Official Plan.
11.2 Uses Permitted
No person shall within a 'Travel Trailer Park and Campground (TTP)'zone use any lot or
erect, alter or use any building or structure for any purpose except the following:
(i)
Residential Uses
-
'Dwelling, Accessory Detached' as per Section 3.8.2 exclusively for the use of
the owner or a caretaker.
(ii)
Non-Residential Uses
-
Campground
11.3 Zone Provisions
No person shall within any 'Travel Trailer Park and Campground (TTP)' zone use any lot
or erect, alter or use any building or structure except in accordance with the following
provisions:
Provisions
Non-Residential Uses
.1
Minimum Lot Area Campground
2 hectares (5 ac)
.2
Maximum Lot Area Campground
12 hectares (30 ac)
.3
Minimum Lot Frontage Campground
60 metres (197 ft)
.4
Minimum Set Back All Uses - All Lot Lines
7.5 metres (25 ft)
.5
Minimum Area of Campsite
235 m2 (2530 ft2)
.6
Minimum Width of Campsite
15 metres (49 ft)
.7
Maximum Density of Campsites per Campground
30 campsites per hectare
(12 campsites per acre)
.8
Maximum Number of Campsites per Campground
300
.9
Minimum Open Space per Campground
17%
Travel Trailer Park and Campground (TTP)
Comprehensive Zoning By-law 36-09
112
Municipality of Arran-Elderslie
11.4 Additional Provisions - Travel Trailer Park And Campground
.1
Access & Roads
Each campsite within a Travel Trailer Park and Campground shall be located on an
internal access road which shall have a dust free surface and shall be a minimum
travelled width of 4 metres (13 ft) for one-way traffic and 6 metres (20 ft) for two-way
traffic flow.
.2
Services
The Travel Trailer Park and Campground shall provide a communal or municipal water
system, appropriate sewage collection facilities, solid waste disposal, storm drainage,
telephone and road maintenance. (By-law 65-2017 Source Water Update / Z-65-17.49
.3
Parking
Each campsite shall be provided with one car parking space and visitor parking shall be
provided on the basis of one space for every three (3) campsites.
.4
Campsite Planting Area
A planting area having a minimum width of 1 metre (3 ft.) and consisting of a dense
screen of shrubs and evergreen trees, minimum 1 metre (3 ft.) high when planted shall
be planted and maintained along the side and rear of all campsites.
.5
Travel Trailer Park and Campground Planting Area/Visual Screening
A Planting Area/Visual Screening shall be provided around a mobile home park as per
Section 3.13.
.6
Site Plan Control
A Travel Trailer Park and Campground may be subject to Site Plan Control as per the
Planning Act RSO 1990.
11.5 Special Provisions
By-law No: 96-16, Part of Lots 45, 46 and 47, Half-Mile Strip (Arran)
.1
Notwithstanding their 'TTP' zoning designation, those land delineated as 'TTP-1' on
Schedule 'A' to this By-law, shall be used in accordance with 'TTP' zone provisions
contained in this By-law excepting however that:
i.
The maximum number of trailer and/or camping sites shall be 28.
Travel Trailer Park and Campground (TTP)
Comprehensive Zoning By-law 36-09
113
Municipality of Arran-Elderslie
11.5 Special Provisions (cont'd)
By-law No: 96-16, Part of Lots 45, 46 and 47, Half-Mile Strip (Arran)
.2
Notwithstanding their 'TTP' zoning designation, those land delineated as 'TTP-2' on
Schedule 'A' to this By-law, shall be used in accordance with 'TTP' zone provisions
contained in this By-law excepting however that:
i.
The maximum number of trailer and/or camping sites shall be 90.
Commercial - Central District, Transition, Highway & Large Format (C1, C2, C3 & C4)
Comprehensive Zoning By-law 36-09
114
Municipality of Arran-Elderslie
Section 12 -Commercial Zones (C1, C2, C3, C4)
12.1 Scoping Note
The provisions of the 'Central Business District (C1)'zone or 'Transition Commercial
(C2)' zone or 'Highway Commercial (C3) zone or 'Large Format Commercial (C4)' zone
shall generally apply to lands designated 'Commercial' on Schedule 'A', 'B' or 'C': Land
Use Plan of the Official Plan for the Urban Areas of Chesley, Paisley, Tara/Invermay
Explanatory Note: All uses in the C1, C2, C3 and C4 may be subject to site plan control. You
should contact the Municipality for site plan requirements prior to requesting a building permit.
12.2 Uses Permitted
No person shall within a 'Central Business District (C1)' zone or 'Transition Commercial
(C2)' zone or 'Highway Commercial (C3)' zone or 'Large Format Commercial (C4)' zone
use any lot or erect, alter or use any building or structure for any purpose except the
following:
Residential Permitted Uses
Central Business
District
(C1)
Transition
Commercial
(C2)
Highway
Commercial
(C3)
Large Format
Commercial
(C4)
'Dwelling, Single Detached'
existing at the date of passing of
this By-law as per Section 10.3
Provisions of the 'R1' Zone
√
√
√
Not Permitted
'Home Occupation- Domestic
and Professional Use' in a
Dwelling, Single Detached
existing at the date of passing of
this By-law and as per Section
3.9
√
√
√
Not Permitted
'Home Occupation - Bed &
Breakfast Establishment' in a
'Dwelling, Single Detached'
existing at the date of passing of
this By-law and as per Section
3.10
√
√
√
Not Permitted
Accessory Buildings & Structures
as per Section 3.6
√
√
√
Not Permitted
Commercial - Central District, Transition, Highway & Large Format (C1, C2, C3 & C4)
Comprehensive Zoning By-law 36-09
115
Municipality of Arran-Elderslie
Non-Residential Permitted Uses
Central Business
District
(C1)
Transition
Commercial
(C2)
Highway
Commercial
(C3)
Large Format
Commercial
(C4)
'Dwelling, Accessory Apartment'
as per Section 3.8.1
√
√
√
Not Permitted
Accessory Buildings & Structures
as per Section 3.6
√
√
√
Not Permitted
Artisan Studio
√
√
Not Permitted
Not Permitted
Assembly Hall
√
Not Permitted
Not Permitted
Not Permitted
Automobile Car Wash
Not Permitted
Not Permitted
√
Not Permitted
Automobile Gas Bar
Not Permitted
Not Permitted
√
Not Permitted
Automobile Repair
Establishment
Not Permitted
Not Permitted
√
Not Permitted
Automobile Sales Establishment
Not Permitted
Not Permitted
√
Not Permitted
Automobile Service Station
Not Permitted
Not Permitted
√
Not Permitted
Bus Depot
√
Not Permitted
√
Not Permitted
Business or Professional Office
√
√
Not Permitted
Not Permitted
Clinic
√
√
√
Not Permitted
Convenience Store
√
Not Permitted
√
Not Permitted
Child Care (By-law 32-216 Day
Care Act update Z-19-16.39)
√
√
Not Permitted
Not Permitted
Farmer's Market
√
Not Permitted
√
√
Fitness Centre
√
√
Not Permitted
Not Permitted
Funeral Home
√
√
Not Permitted
Not Permitted
Greenhouse, Commercial
√
Not Permitted
Not Permitted
Not Permitted
Hotel/Motel
√
Not Permitted
√
Not Permitted
Liquor/Beer Store
√
Not Permitted
√
Not Permitted
Parking Lot
√
Not Permitted
Not Permitted
Not Permitted
Personal Service Shop
√
√
Not Permitted
Not Permitted
Place of Entertainment
√
Not Permitted
√
√
Public Building
√
√
Not Permitted
Not Permitted
Public Park
√
√
√
Not Permitted
Recreation Facilities
√
Not Permitted
Not Permitted
Not Permitted
Recycling Depot
√
Not Permitted
√
Not Permitted
Restaurant
√
√
√
Not Permitted
Restaurant, Take-Out
√
Not Permitted
√
Not Permitted
Retail Store
√
Not Permitted
Not Permitted
Not Permitted
Retail, Large Format
√
Not Permitted
Not Permitted
√
Tavern
√
Not Permitted
Not Permitted
Not Permitted
Veterinary Clinic - Small Animal
√
Not Permitted
Not Permitted
Not Permitted
Commercial - Central District, Transition, Highway & Large Format (C1, C2, C3 & C4)
Comprehensive Zoning By-law 36-09
116
Municipality of Arran-Elderslie
12.3 Zone Provisions
No person shall within the 'C1', 'C2', 'C3', or 'C4' zones use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
Zone Provisions - Non-Residential (Municipal Water & Sewer)
Central
Business
District
(C1)
Transition
Commercial
(C2)
Highway
Commercial
(C3)
Large Format
Commercial
(C4)
.1
Minimum Lot Area
465 m2
(5,005 ft2)
465 m2
(5,005 ft2)
2000 m2
(21,529 ft2)
3000 m2
(32,2912 ft2)
.2
Minimum Lot Frontage
15 metres
(50 ft)
15 metres
(50ft)
30 metres
(98 ft)
15 metres
(50 ft)
.3
Minimum Front Yard
0 metres
(0 ft)
6.0 metres
(20 ft)
7.5 metres (25
ft)
6.0 metres
(20 ft)
.4
Minimum Interior Side
Yard
0 metres
(0 ft) (b)
1.2 metres
(4 ft)
3.0 metres
(10 ft.) (c)
3.0 metres
(10 ft)
.5
Minimum Rear Yard
6 metres
(20 ft) (a)
7.5 metres
(25 ft)
7.5 metres
(25 ft)
7.5 metres
(25 ft)
.6
Minimum Exterior Side
Yard
0 metres
(0 ft)
6.0 metres
(20 ft)
7.5 metres (25
ft)
6.0 metres
(20 ft)
.7
Maximum Lot Coverage
Not applicable
35%
50%
60%
.8
Landscaped Open Space
Not applicable
As per Section 3.16 Landscaped Open Space
.9
Maximum Building
Height - 'Main Building'
10 metres
(33 ft)
10 metres
(33 ft)
10 metres
(33 ft)
10 metres
(33 ft)
.10 Minimum Ground Floor
Area
Not applicable
70 m2
(753 ft2)
Not applicable
See Footnote (d)
.11 Open Storage & Outdoor
Display
As per Section 3.17 Open Storage & Outdoor Display
.12 Planting Area/Visual
Screening
Not applicable
As per Section 3.15 Planting Area/Visual Screening
Footnotes
(a)
Where the Rear Yard of a 'C1' zone abuts a lane or parking lot, the minimum rear yard
may be reduced to 1.5 metres (5 ft).
(b)
Where the Interior Side Yard of a 'C1' zone abuts a Residential, Open Space or
Institutional zone, the following restrictions shall apply:
(i)
the minimum side yard requirement for the abutting side yard within the
Commercial Zone shall be 3 metres (10 ft);
(ii)
no open storage or outdoor display shall be permitted in the abutting side yard
within the Commercial zone.
Commercial - Central District, Transition, Highway & Large Format (C1, C2, C3 & C4)
Comprehensive Zoning By-law 36-09
117
Municipality of Arran-Elderslie
(c)
Where the Interior Side Yard of a 'C3' zone abuts a residential use or Zone the minimum
Interior Side Yard requirement shall be 7.5 metres (25 ft.).
(d)
The 'Minimum Gross Floor Area' for 'Retail, Large Format', and 'Place of Entertainment'
buildings or structures shall be no less than 278.7 sq. metres (3,000 sq. ft.).
12.4 Additional Provisions - Automobile Gas Bars & Automobile Repair
Establishments
.1
Minimum setbacks for gasoline pumps, natural gas and/ or propane facilities
All gasoline pumps, natural gas and/ or propane facilities shall be setback a minimum
of 7.5 metres (25 ft) from the curbing of the pump island to the street line.
.2
Entry Ramps
Notwithstanding the provisions of Section 3.27, there shall be no more than one entry
ramp for each 15 metres (50 ft) of street frontage and the width of any entry ramp shall
not exceed 9 metres (30 ft) at the street line.
.3
Minimum Front or Exterior Side Yard
Notwithstanding the provisions of Section 12.3, the minimum front or exterior side yard
shall be 15 metres (50 ft).
.4
Surfacing
Notwithstanding the provisions of Section 3.27 the surfaces of all ramps, driveways,
service areas and off-street loading areas shall be surfaced with a capped, hard top
substance such as asphalt, or other stable surface treated to prevent the raising of dust
and/or loose particles.
12.5 Special Provisions
.1
On lands zoned C3-1, a veterinary clinic is permitted in addition to the uses permitted
in the C3 zone.
.2
C1-59-2014, Plan 73 Part Lot 28 and Part Lot 35 (Chesley), (Geertsma Z-56-14.39)
Notwithstanding their Central Business District 'C1' zoning designation, those lands
delineated as C1-59-14 on Schedule A to this By-law shall be used in compliance with
the 'C1' zone provisions excepting however:
i.
A "dwelling, multiple" is an additional permitted use
ii.
Each dwelling shall be provided one (1) parking space
Commercial - Central District, Transition, Highway & Large Format (C1, C2, C3 & C4)
Comprehensive Zoning By-law 36-09
118
Municipality of Arran-Elderslie
.3
C2-15-2015, Plan 217 PARK Lot Y, R295973 except Part 3R6306 Chesley
(Stade Z-1-15.39)
Notwithstanding their Transition Commercial (C2) zoning designation, those lands
delineated as C2-15-15 on Schedule 'A' to this By-law shall be used in compliance with
the 'C2' zone provisions contained in this by-law, excepting however:
i.
Additional Permitted uses: Automobile Car Wash, Automobile Repair, Automobile
Sales, Convenience Store, Restaurant - Take Out, Repair Shop, Tavern
ii.
Repair Shop, for the purposes of this by-law, shall be defined as:
Repair Shop
Means premises used for the servicing or repairing of articles, goods or materials, and
may include an outlet for service and repair done off the premises and minor retail sales
of related goods, but does not include any use involving the sale, rental or servicing of
motor vehicles.
The Holding Provision may be removed upon confirmation that suitable entrances have
been installed to the satisfaction of Bruce County Highways department."
.4
C4-40-2016 Part Lot 10 E VICTORIA S Part Lots 1-10 W QUEEN S Part Arnaud (Paisley)
(Allen's Building Supplies Inc. / Z-8-16.41)
i.
All C4 provisions apply as per Section 12
Mixed Use (MU)
Comprehensive Zoning By-law 36-09
119
Municipality of Arran-Elderslie
Section 12A - Mixed Use (MU)
12A.1 Scoping Note
The provisions of the Mixed Use (MU) shall generally apply to lands designated Mixed
Use in the communities of Paisley.
12A.2 Holding Zone (h)
(Housekeeping By-law 59-10, 08Nov10)
When the MU zone is shown on a Schedule to this By-law with the symbol "h" appended
to the zone symbol (ie. MU-h)), under Section 36 of the Planning Act, the uses to which
the 'h' applies shall not commence until the "h" is removed by amendment to this By-
law.
12A.3 Uses Permitted
1.
Uses Permitted when the 'h' symbol is present:
a. A medical centre
b. Existing uses
c. A retail store with a minimum floor area of 250 square metres, provided that the
required parking shall not be located in the front yard..
d. An office provided that the required parking is not located in the front yard.
2.
Uses Permitted when the "h" symbol is removed:
a. Uses permitted in subsection 1. of this section, subject to the standards that
apply to the C2 zone
b. Uses permitted in the R3 zone, subject to the standards that apply to the R3C3
zone.
12A.4 Requirements To Remove The Holding "h" Symbol
Explanatory Note:
A Holding (h) zone specifies conditions which must be met in order to remove the "h" or
holding status. These changes are specified in the zoning By-law. An amendment to remove
holding status has different appeal requirements than a typical zoning By-law amendment.
Developments in the MU zone are subject to site plan control. Site plan approval is required
prior to the issuance of a building permit. You should check with the Municipality prior to
making an application.
1. A Record of Site Condition has been filed with the Ministry of the Environment as
required by the Ontario Building Code
2. A report that demonstrates compliance with the Ontario Ministry of the
Environment's Guideline for the Use of Contaminated Sites in Ontario
Mixed Use (MU)
Comprehensive Zoning By-law 36-09
120
Municipality of Arran-Elderslie
3. A stormwater drainage plan
Hamlet Commercial (HC)
Comprehensive Zoning By-law 36-09
121
Municipality of Arran-Elderslie
Section 13 - Hamlet Commercial (HC)
13.1 Scoping Note
The provisions of the Hamlet Commercial (HC) Zone shall generally apply to commercial
development located in the Municipality's hamlets as identified on Schedule 'A': Land
Use of the County of Bruce Official Plan.
13.2 Uses Permitted
No person shall within a 'Hamlet Commercial (HC)'zone use any lot or erect, alter or use
any building or structure for any purpose except the following:
i.
Residential Uses
-
Dwelling, Accessory Apartment as per Section 3.8.1
-
Dwelling, Single Detached existing at the date of passage of this By-law as per
Section 8.3 Hamlet Residential (HR) Zone provisions
-
Home Occupation - Domestic and Professional Uses as per Section 3.9 [in a
Dwelling, Single Detached only]
-
Home Occupation - Bed & Breakfast Establishment as per Section 3.10 [in a
Dwelling, single detached only]
ii. Non-Residential Uses
-
Assembly Hall
-
Automobile Gas Bar
-
Automobile Repair Establishment
-
Automobile Sales Establishment
-
Automobile Service Station
-
Business or Professional Office
-
Child Care (By-law 32-2016 Day
Care Act update Z-19-16.39)
-
Clinic
-
Fitness Centre
-
Hotel/Motel
-
Laundromat
-
Marine, Recreation and Small
Engine Establishments
-
Personal Service Shop
-
Public Park
-
Parking Lot
-
Public Park
-
Restaurant
-
Restaurant, Take-Out
-
Retail Store under 139 sq. m (1500 sq
ft) in 'Gross Floor Area'
-
Travel Trailer Sales Establishment
-
Veterinary Clinic - Small Animal
-
Buildings, structures and uses accessory
to a permitted use as per Section 3.6
Hamlet Commercial (HC)
Comprehensive Zoning By-law 36-09
122
Municipality of Arran-Elderslie
13.3 Zone Provisions
No person shall within any 'Hamlet Commercial (HC)' zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
Provisions
Lots with Municipal Water
Lots with No Municipal Water
.1
Minimum Lot Area
0.328 hectares (0.81 ac)
0.5 hectares (1.24 ac)
.2
Minimum Lot Frontage
30 metres (100 ft)
.3
Minimum Front Yard or Exterior
Side Yard
7.5 metres (25 ft)
.4
Minimum Side Yard
5 metres (16.5 ft)
.5
Minimum Rear Yard
10 metres (33 ft)
.6
Maximum Building Height 'Main
Building'
10 metres (33 ft)
.7
Maximum Lot Coverage
25%
15%
13.4 Additional Provisions -Gasoline Pumps, Natural Gas and Propane Facilities
.1
Minimum setbacks for gasoline pumps, natural gas and/ or propane facilities
All gasoline pumps, natural gas and/ or propane facilities shall be setback a minimum of 7.5
metres (25 ft) from the curbing of the pump island to the street line.
.2
Entry Ramps
Notwithstanding the provisions of Section 3.27, there shall be no more than one entry ramp for
each 15 metres (50 ft) of street frontage and the width of any entry ramp shall not exceed 9
metres (30 ft) at the street line.
.3
Minimum Front or Exterior Side Yard
Notwithstanding the provisions of Section 12.3, the minimum front or exterior side yard shall
be 15 metres (50 ft).
.4
Surfacing
Notwithstanding the provisions of Section 3.27 the surfaces of all ramps, driveways, service
areas and off-street loading areas shall be surfaced with a capped, hard top substance such as
asphalt, or other stable surface treated to prevent the raising of dust and/or loose particles.
13.5 Off-Street Parking Regulations
Notwithstanding the minimum number of off-street parking spaces required by Section 3.27,
where a 'Dwelling' is located in a non-residential building, a minimum of one parking space
shall be provided for each 'Dwelling' contained therein on site.
Hamlet Commercial (HC)
Comprehensive Zoning By-law 36-09
123
Municipality of Arran-Elderslie
13.6 Special Provisions
General Provisions for Industrial Zones
Comprehensive Zoning By-law 36-09
124
Municipality of Arran-Elderslie
Section 14 - General Provisions For Industrial Zones (BP1, BP2, HI,
M2, M1, M3)
Explanatory Note:
Developments in an Industrial zone may be subject to site plan control, which requires that you
submit and receive approval of a site plan prior to issuance of a building permit. You should
check with the Municipality prior to making an application.
14.1 Accessory Buildings & Structures
Accessory Buildings & Structures shall be located as per Section 3.6.
14.2 Parking Requirements
Parking requirements shall be determined as per 'Section 3.27, Off-Street Parking
Regulations'.
14.3 Loading Requirements
Loading requirements shall be determined as per 'Section 3.28, Loading Regulations'.
14.4 Water and Sewer Services
All Business Park 1 (BP1) and Business Park 2 (BP2) uses shall be connected to a
municipal water and municipal sewer system.
14.5 Planting Area/Visual Screening
Planting Area/Visual Screening shall be provided as per the requirements of 'Section
3.15, Planting Area/Visual Screening'.
14.6 Landscaped Open Space
Landscaped Open Space shall be provided as per the requirements of 'Section 3.16,
Landscaped Open Space'.
14.7 Open Storage & Outdoor Display
Open Storage & Outdoor Display shall be provided as per the requirements of 'Section
3.17, Open Storage & Outdoor Display'.
14.8 Provincial or County Street Right-of-Way Setbacks
Provincial or County Street Right-of-Way Setbacks shall be provided as per the
requirements of 'Section 3.23 Provincial or County Street Right-of-Way Setbacks'.
14.9 Multiple Buildings on One Lot
In an Industrial Zone more than one 'Main Building' or structure shall be permitted on a
lot provided that all other provisions of this By-law are adhered to.
General Provisions for Industrial Zones
Comprehensive Zoning By-law 36-09
125
Municipality of Arran-Elderslie
14.10 Offices Accessory to a Permitted Use
A business office(s) serving the principle use(s) on a lot shall be permitted.
14.11 Buffer on Lands Adjoining Industrial or Residential Uses/ Zones
Buffers shall be provided as per the requirements of 'Section 3.3, Buffer on Lands
Adjoining Industrial or Residential Uses/Zones'.
14.12 All Outside Fuel Storage & Re-fuelling
The surfaces of all ramps, service areas, off-street loading areas used for fuel storage
and/or re-fuelling shall be surfaced with a capped, hard top substance such as asphalt,
or other stable surface treated to prevent the seepage of any spilled fuel and/or other
potential hazardous materials.
14.13 Minimum setbacks for gasoline pumps, natural gas and/ or propane facilities
All gasoline pumps, natural gas and/ or propane facilities shall be setback a minimum
of 7.5 metres (25 ft) from the curbing of the pump island to the street line.
Business Park Zones (BP1 & BP2)
Comprehensive Zoning By-law 36-09
126
Municipality of Arran-Elderslie
Section 15 - Business Park Zone (BP1 & BP2)
15.1 Scoping Note
The provisions of the 'Business Park 1 (BP1)' and 'Business Park 2 (BP2)' Zones shall
generally apply to lands designated 'Industrial' on Schedule 'A', 'B' or 'C': Land Use Plan
of the Official Plan for the Urban Areas of Chesley, Paisley, Tara/Invermay.
15.2 Uses Permitted
No person shall within a 'Business Park 1 (BP1)' zone or 'Business Park 2 (BP2)' zone use
any lot or erect, alter or use any building or structure for any purpose except the
following:
Business Park 1 (BP1)
Business Park 2 (BP2)
Residential Uses
Not Permitted
Not Permitted
Non-Residential Uses
Assembly Hall
√
Not Permitted
Bulk Fuel Depot
Not Permitted
√
Bulk Sales Establishment - Agriculture
Not Permitted
√
Commercial Motor Vehicle Repair Establishment
√
√
Commercial Motor Vehicle Sales Establishment
√
√
Commercial College
√
Not Permitted
Contractors Yard
√
√
Residential Use Existing on the day of passing of this By-law
√
√
Factory Sales Outlet
√
√
Farm Implement Establishment
√
√
Industrial Use
Not Permitted
√
Industry, Light
√
√
Marine, Recreation and Small Engine Establishment
√
√
Public Building
√
Not Permitted
Public Garage
√
√
Public Park
√
Not Permitted
Public Utility Building
√
√
Recycling Centre
√
√
Recycling Depot
√
√
Rental Establishment
√
√
Research and Development Centre
√
Not Permitted
Technology Industry
√
Not Permitted
Trades Persons' Shop
√
√
Transport Depot
√
√
Travel Trailer Sales Establishment
√
Not Permitted
Warehouse
√
√
Warehouse, Mini Storage
√
√
Veterinary Clinic
√
√
Business Park Zones (BP1 & BP2)
Comprehensive Zoning By-law 36-09
127
Municipality of Arran-Elderslie
Veterinary Clinic - Small Animal
√
Not Permitted
15.3 Zone Provisions
No person shall within any 'Business Park 1 (BP1)' Zone or 'Business Park 2 (BP2)' Zone
use any lot or erect, alter or use any building or structure except in accordance with the
following provisions:
Provisions
Business Park 1
Business Park 2
.1
Minimum Lot Area
750 m2 (8073 ft2)
1100 m2 (11841 ft2)
.2
Minimum Lot Frontage
30 metres (100 ft)
30 metres (100 ft)
.3
Minimum Front
Yard and
Exterior Side
Yard
(i) abutting a Future
Development, Residential or
Institutional zone or a
residential or institutional use
6 metres
18 metres (59 ft)
(ii) all other cases
9 metres (29.5 ft)
.4
Minimum
Interior Side
Yard (see
Footnote (a)
(i) abutting a Future
Development, Residential or
Institutional zone or a
residential or institutional use
7.5 metres (25 ft)
10 metres (33 ft)
(ii) all other cases
4 metres (13 ft) on
one side and
1.2 metres (4 ft) on
the other
3 metres (9.8 ft)
.5
Minimum Rear
Yard
(i) abutting a Future
Development, Residential or
Institutional zone or a
residential or institutional use
7.5 metres (25 ft)
15 metres (49 ft)
(ii) all other cases
7.5 metres (25ft)
.6
Maximum Lot Coverage
75%
65%
.7
Minimum Gross Floor Area
See Footnote (b)
See Footnote (b)
.7
Maximum
Building Height
(i) within 20 metres of a
Residential or Institutional
zone or use
11 metres
(ii) in all other cases
22 metres
Footnotes:
(a)
For a 'Bulk Fuel Depot' the Minimum Interior Side Yard for all fuel storage areas
and/or pumps shall be no less than 7.5 metres (25 ft).
(b)
When located in a 'Single Use, Self-Contained' building/structure, the 'minimum
gross floor area' shall be no less than 278.7 m2 (3,000 ft2). If located in a
'Industrial Mall' the minimum gross floor area of the building or structure shall
be no less than 371.6 m2 (4,000 ft2) with no single unit smaller than 92.9 m2
Business Park Zones (BP1 & BP2)
Comprehensive Zoning By-law 36-09
128
Municipality of Arran-Elderslie
(1,000 ft2) in gross floor area.
Business Park Zones (BP1 & BP2)
Comprehensive Zoning By-law 36-09
129
Municipality of Arran-Elderslie
15.4 Special Provisions
.1
On lands zoned BP1-1 a convenience store is permitted in addition to the uses
permitted in the BP-1 zone.
.2
On lands zoned BP1-2 a restaurant is permitted in addition to the uses permitted in the
BP-1 zone.
BP1-56-10
1963 Bruce Rd 10; Pt Lot 30 Concession 4 Elderslie
(Spencer c/o Albright Z-51-2010.39, 08 November 2010)
.3
Notwithstanding their 'BP1' Business Park 1 zoning designation, those lands delineated
as 'BP1-56-10' may be developed on private water and septic system services, subject
to the following provisions:
i.
The minimum lot area under private services shall be 5000 m2 (1.24 acres).
ii. Development shall be subject to site plan control.
BP1-18-11
229 4th St SW Chesley; Plan 213 Pt Lots 201 & 202, Plan 236 Pt Lot 6 RP 3R5579
PARTS 1 to 6 (Schopf, Albright, et al Z-20-2011.39, 13 June 2011)
.4
Notwithstanding their 'BP1' Business Park 1 zoning designation, those lands delineated
as 'BP1-18-11' may be developed subject to the following provisions:
i.
Permitted uses shall be limited to a contractor's yard with screened outdoor storage.
ii. An accessory detached dwelling occupied by the owner/operator of the yard shall be
a permitted use.
iii. Development shall be subject to site plan control.
BP1-1-3
1929 Bruce Rd 10; CON 4 PT LT 30; RP 3R4680 PART 1
(OMB Appeal PL090706, 07Dec11, Jackson/Padfield Z-31-2009.49)
.5
On lands zoned as BP1-1-3, in addition to the uses permitted by Section 15.2, a
Convenience Store, and accessory dwelling for the owner or operator, and automobile
gas bar, and a restaurant are permitted uses, and are subject to the provisions of
Section 15.3
Hamlet Industrial (HI)
Comprehensive Zoning By-law 36-09
130
Municipality of Arran-Elderslie
Section 16 - Hamlet Industrial (HI)
16.1 Scoping Note
The provisions of the Hamlet Industrial (HI) Zone shall apply to industrial development
located in the Municipality's hamlets as identified on Schedule 'A': Land Use of the
County of Bruce Official Plan.
16.2 Uses Permitted
No person shall within a 'Hamlet Industrial (HI)'zone use any lot or erect, alter or use
any building or structure for any purpose except the following:
(i) Residential Uses
-
'Dwelling, Accessory Apartment' as per Section 3.8.1, exclusively for the use of
the owner or a caretaker. A 'Dwelling, Accessory Apartment' shall not be
permitted in association with a 'Bulk Fuel Depot', or 'Public Garage'.
(ii) Non-Residential Uses
-
Agricultural Produce Warehouse
-
Bulk Fuel Depot
-
Bulk Sales Establishment -
Agricultural
-
Commercial Motor Vehicle
Repair Establishment
-
Contractors Yard
-
Dry Industrial Uses
-
Farm Implement Establishment
-
Food Processing, Primary and Secondary
-
Garden Centre
-
Greenhouse, Commercial
-
Public Garage
-
School Bus Storage
-
Trades Person's Shop
-
Veterinary Clinic
16.3 Zone Provisions
No person shall within any 'Hamlet Industrial (HI)' zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
Provisions
Non-Residential Uses
.1
Minimum Lot Area
0.8 hectares (2.0 ac)
.2
Minimum Lot Frontage
30 metres (98 ft.)
.3
Minimum Front Yard or Exterior Side Yard
15 metres (49.2 ft)
.4
Minimum Side & Rear Yard
10 metres (33 ft)
.5
Maximum Height - 'Main Building'
10 metres (33 ft)
.6
Maximum Lot Coverage
15%
.7
Minimum Separation Distance from Accessory Detached Dwelling
30 metres (98 ft)
Hamlet Industrial (HI)
Comprehensive Zoning By-law 36-09
131
Municipality of Arran-Elderslie
16.4 Special Provisions
HI-48-2016-H Half Mile Strip Part Lot 30, 3R-5807 Part 2 (HMS) (Arran),
(Nickason / Z-32-16.49)
.1
Notwithstanding the Hamlet Industrial (HI) Zone, those lands delineated as HI-48-2016-
H on Schedule 'A' to this By-law shall be used in compliance with the 'HI' zone
provisions contained in this by-law, excepting however:
i.
HI Hamlet Industrial (HI-H) uses shall be limited to a contractor's yard, including
buildings, structures, outdoor storage area, and parking.
ii.
Buildings and outdoor storage shall occur with a minimum setback of 40 m from
a residential zone.
iii.
Developed areas of the site shall be graded to a minimum elevation of 219.3
metres measured from the geodetic survey of Canada.
iv.
Requirement to Remove the Holding Provision: Completion of a Road constructed
from Sideroad 25 to Nickason Drive to the satisfaction of the Municipality of
Arran Elderslie in accordance with an agreement to be established with the
Municipality of Arran Elderslie.
Extractive Industrial (M2)
Comprehensive Zoning By-law 36-09
132
Municipality of Arran-Elderslie
Section 17 - Extractive Industrial (M2)
17.1 Scoping Note
The provisions of the Extractive Industrial (M2) Zone shall apply to pits and quarries as
identified on Schedule 'A': Land Use of the County of Bruce Official Plan.
Explanatory Note:
Extractive uses are also subject to the Aggregate Resources Act, which requires a license to be
issued for any such use. The Aggregate Resources Act is administered by the Ministry of
Natural Resources.
17.2 Permitted Uses
No person shall within a 'Extractive Industrial (M2I)'zone use any lot or erect, alter or
use any building or structure for any purpose except the following:
(i) Residential Uses
-
Prohibited
(ii) Non-Residential Uses
-
Agriculture, General
-
Pit
-
Portable Asphalt Plant
-
Portable Concrete Plant
-
Mineral Aggregate Operation
-
Buildings, structures and uses accessory to a permitted use [i.e., open storage,
scales, pump buildings, administration, equipment storage, and fuel pumps]
-
Processing of natural materials extracted from the site including screening,
sorting, washing, crushing, storing, and other similar operations allied to a
Mineral Aggregate Operation.
17.3 Zone Provisions
No person shall within any 'Extractive Industrial ('M2)' Zone use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
Provisions
Non-Residential Uses
.1
Minimum Lot Area
1 hectare (2.5 ac)
.2
Minimum Lot Frontage
30 metres (98 ft)
Extractive Industrial (M2)
Comprehensive Zoning By-law 36-09
133
Municipality of Arran-Elderslie
17.4 Additional Provisions - Extractive Industrial
.1
No mineral aggregate resource, aggregate pile, topsoil pile, overburden pile, or any
building or structure shall be located closer than:
i.
30 metres (98 ft) of the boundary of the licensed area; and
ii. 90 metres (295 ft) of the boundary of the licensed area abutting a Class 1 or 2
Street; or a 'Dwelling' existing at the time an aggregate license is issued, or land
zoned Residential or Institutional when an aggregate license is issued
Where an interior lot line in a 'M2' zone abuts land held in separate ownership but is
also zoned 'M2', no setback may be required.
.2
All machinery employed in the processing or recycling of mineral aggregate resources
and derived products such as asphalt and concrete or the production of secondary
related products shall be located no closer than:
i.
30 metres (98 ft) of the boundary of the licensed area; and
ii. 90 metres (295 ft) of the boundary of the licensed area abutting a Class 1 or 2
Street; or a residential dwelling existing at the time an aggregate license is issued,
or land zoned Residential or Institutional when an aggregate license is issued
.3
Berms that are intended to screen the adjoining lands from the operation on the site are
exempt from Section 17.4.3.
.4
Visual Buffering shall be provided in accordance with the following requirements:
(i)
Visual Buffering shall be planted and maintained along the boundary of the
licensed area that abuts a street/road and along any boundary line within 60
metres (197 f) of a 'Institutional Use' or a dwelling or Residential zone, except
for entrances and exits; and
(ii)
Visual Buffering shall provide a year round visual barrier and shall be a minimum
of 15 metres (50 ft) in width and consist of a dense screen of shrubs and/or
evergreen trees, a minimum of one metre (3 ft) in height when planted and of a
type that will attain a minimum height of 6 metres (20 ft) at maturity; and
(iii)
Where required on a street corner of a corner lot, Visual Buffering shall be
located in such a way as not to form an obstruction to traffic and as required by
the sight visibility triangles required by this By-law.
Extractive Industrial (M2)
Comprehensive Zoning By-law 36-09
134
Municipality of Arran-Elderslie
17.5 Special Provisions
By-law No: 16-00, Part of Lot 17, Concession 2 (Elderslie)
.1
Notwithstanding their ''M2' zoning designation, those lands designated as ''M2-1' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M2' zone provisions
contained in this By-law excepting however:
i.
Residential uses restricted solely for the use of the owners of the subject lands shall
be permitted;
ii. A planting area as per Section 24.6 shall not be required; and,
iii. Existing agricultural uses shall be permitted.
By-law No: 6-95, Part of Lots 31 and 32, Concession 14 (Elderslie)
.2
Notwithstanding their ''M2' zoning designation, those lands delineated as ''M2-2' on
Schedule 'A' to this By-law shall be used in accordance with the ''M2' zone provisions
contained in this By-law excepting however:
i.
The area to be extracted shall not exceed 24 hectares (59.3 acres); and,
ii. Extraction shall not occur below the 248 metre elevation or the water table,
whichever is higher;
iii. Agriculture General, excluding a Dwelling, Accessory Detached, shall be permitted.
M2-20-11, 157 Elderslie Arran Line; Pt Lots 32 & 33 Concession 14 (Elderslie)
Gingerich Z-14-2011.49, By-law 20-11, 27Jun2011
.3
Notwithstanding their 'M2' Extractive Industrial zoning designation, those lands
delineated as 'M2-20-11' on Schedule 'A' to this By-law shall be used in compliance
with the 'A1' zone provisions contained in this By-law, excepting however:
i.
The total area to be extracted shall not exceed a 13.4 hectares, 3.1 hectares in area
'a' and 10.3 hectares in Area 'b'.
ii. No extraction shall occur within 75 metres of the existing dwelling located on Lot 33
Concession 14.
Agriculture Commercial Industrial (M1)
Comprehensive Zoning By-law 36-09
135
Municipality of Arran-Elderslie
Section 18- Agriculture Commercial Industrial (M1)
18.1 Scoping Note
The provisions of the Agriculture Commercial Industrial (M1) Z one shall generally only
apply to lands designated 'Agriculture' or 'Rural' on Schedule 'A': Land Use in the
County of Bruce Official Plan.
18.2 Uses Permitted
No person shall within an 'Agriculture Commercial Industrial (M1)' zone use any lot or
erect, alter or use any building or structure for any purpose except the following:
i.
Residential Uses
- 'Dwelling, Accessory Apartment' as per Section 3.8.1 or a 'Dwelling, Accessory
Detached' as per Section 3.8.2, exclusively for the use of the owner or a caretaker.
A 'Dwelling, Accessory Apartment' or a 'Dwelling, Accessory Detached' shall not be
permitted in association with an 'Abattoir' or 'Livestock Assembly Yard'.
ii. Non-Residential Uses
- Abattoir
- Bulk Sales Establishment - Agricultural
- Farm Implement Establishment
- Feed Mill & Elevator
- Food Processing, Primary
- Garden Centre
- Livestock Assembly Yard
- Livestock Auction Barn
- Portable Asphalt Plant
- Portable Concrete Plant
- Veterinary Clinic
- Wayside Pit or Wayside Quarry
Agriculture Commercial Industrial (M1)
Comprehensive Zoning By-law 36-09
136
Municipality of Arran-Elderslie
18.3 Zone Provisions
No person shall within any 'Agriculture Commercial Industrial (M1)' zone use any lot or
erect, alter or use any building or structure except in accordance with the following
provisions:
Provisions
Non-Residential Uses
.1
Minimum Lot Area
0.8 hectares (2.0 ac)
.2
Minimum Lot Frontage
30 metres (100 ft)
.3
Minimum Front Yard
15 metres (49.2 ft)
.4
Minimum Side Yard
10 metres (33 ft)
.5
Minimum Rear Yard
10 metres (33 ft)
.6
Maximum Height - 'Main Building'
10 metres (33 ft)
.7
Maximum Lot Coverage
15%
.8
Minimum Separation Distance From Accessory Detached Dwelling
30 metres (100 ft)
18.4 Special Provisions
By-law No: 94-06, Lot 22, Concession B (Arran)
.1
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M1-1' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M1' zone provisions
contained in this By-law excepting however:
i.
The permitted uses shall be limited to an AUTOMOTIVE WRECKING establishment;
ii. An AUTOMOTIVE WRECKING establishment shall permit the wrecking or dismantling
of motor vehicles, and for the storage and sale of scrap material, salvage and parts
obtained there from, but does not include any other automotive use as defined in
this By-law.
By-law No: 94-06, Part Lot 24, Concession 7 (Arran)
.2
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M1-2' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M1' zone provisions
contained in this By-law, excepting however:
i.
The land may be used for an automobile sales establishment.
Agriculture Commercial Industrial (M1)
Comprehensive Zoning By-law 36-09
137
Municipality of Arran-Elderslie
18.4
Special Provisions (cont'd)
By-law No: 5-86, Part of Lot 18, Concession 13 (Elderslie)
.3
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M1-3' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M1' zone provisions
contained in this By-law, excepting however that:
i.
The dismantling, repair, storage of motor vehicles and motor vehicle parts shall be
permitted;
ii. A maximum of six (6) motor vehicles for sale at any one time shall be permitted, but
shall not include any partially dismantled motor vehicles or automotive parts.
By-law No: 9-04, Part of Lot 30, Concession 1(Elderslie)
.4
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M1-4-H' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M1' zone provisions
contained in this By-law, excepting however that:
i.
An automotive repair establishment shall be a Permitted Use;
ii. The 'H - Holding' provision may be removed once the following conditions have
been met:
a. A statement from the Chief Building Official or a qualified individual that all floor
drains which may become contaminated with materials from the repair/servicing
shop have been directed to a 'waste oil separator' or similar engineered system;
and
b. A statement from the owner/operator that a certified individual/company has
been retained to dispose of all contaminated materials.
By-law 41-00, Part of Lot 8, Concession 'A' (Elderslie)
(revised by Penta Spreaders c/o Allen Z-55-17.38, By-law 53-2017)
.5
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M1-5' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M1' zone provisions
contained in this By-law, excepting however:
i.
A 'non-effluent producing industrial use' shall be permitted;
ii. A 'retail. large format commercial use' shall be permitted;
iii. The 'maximum lot coverage' may be increased to 12.9%; and
iv. The setback as per Section 3.23.1 'County or Provincial Road Right-of-Way Setbacks'
for the industrial building as it exists on the date of the passage of this By-law shall
be no less than 35 metres.
v. MDS I setbacks are: By-law No: 31-01, Part of Lot 26, Concession 3 (Elderslie)
a. 253 m from livestock and manure storage facilities on 3067 Bruce Road 3;
b. 234 m from livestock and manure storage facilities on 3064 Bruce Road 3;
vi. The lands shall be subject to site plan control under Section 41 of the Planning Act,
R.S.O. 1990.
Agriculture Commercial Industrial (M1)
Comprehensive Zoning By-law 36-09
138
Municipality of Arran-Elderslie
18.4
Special Provisions (cont'd)
By-law 31-01, Part of Lot 26, Concession 3 (Elderslie)
.6
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M1-6' on
Schedule 'A' to this By-law shall be used in accordance with the 'M1' zone provisions
contained in this By-law excepting however that:
i.
A 'Farm Implement and Equipment Establishment' shall be permitted;
ii. There shall be no outside storage of goods, materials or equipment unless fully
enclosed by a fence or other enclosure which provides visual screening;
iii. The 'minimum side yard' shall be no less than 10 metres (33 feet);
iv. The 'minimum front yard' shall be no less than 9 metres (30 feet);
v. The 'minimum lot frontage' shall be no less than 10 metres (33 feet);
vi. The 'minimum rear yard' shall be no less than 10 metres (33 feet);
vii. The 'maximum retail floor area' shall not exceed 278.7 square metres (3,000 ft2);
and
viii. 'FARM IMPLEMENT & EQUIPMENT ESTABLISHMENT' means the use of land, buildings
or structures for the repair and servicing of agricultural equipment and machinery,
and the repair and servicing of farm plated vehicle and trailers used in direct
association by an agricultural operation, but shall not include any other automobile
or commercial motor vehicle use defined in this By-law.
By-law No: 5-92, Part Lot 22 & 23, Concession 3 (Elderslie)
.7
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M1-7' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M1' zone provisions
contained in this By-law excepting however that:
i.
An 'automobile sales establishment' shall be a Permitted Use.
By-law No: 12-88/10-89, Part of Lot 30, Concession I (Elderslie)
.8
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M1-8' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M1' zone provisions
contained in this By-law, excepting however:
i.
An accessory residential use, detached from a principle non-residential use may be
permitted;
ii. Automobile sales and service establishment and a small engine repair establishment;
iii. The maximum number of cars for sale and display on the subject property at anyone
time shall be 15;
iv. A minimum of 3 parking spaces shall be provided for customer parking.
Agriculture Commercial Industrial (M1)
Comprehensive Zoning By-law 36-09
139
Municipality of Arran-Elderslie
18.4
Special Provisions (cont'd)
By-law No: 18-88, Part of Lot 6, Concession 5 (Elderslie)
.9
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M1-9' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M1' zone provisions
contained in this By-law excepting however:
i.
'Dwelling Unit - Accessory Detached' shall be permitted and may take the form of a
mobile home; and
ii. An 'Abattoir' shall not be a 'Permitted Use'.
M1-03-2011 Pt Lot 16 Concession 10, RP 3R3372 PART 1 Elderslie (Cumming Z-62-2010.38)
.10
Notwithstanding their 'M1' Agriculture Commercial Industrial zoning designation,
permitted non-residential uses on those lands delineated as 'M1-03-11' on Schedule 'A'
to this By-law are restricted to:
i.
Warehousing and office uses associated with a wholesale operation, which shall be
located within buildings existing on the property at the date of passing of this By-
Law.
M1-59-2013, Lot 19 Concession 13 (Elderslie), (Bauman Z-32-2013.38)
.11
Notwithstanding their 'A1' General Agriculture zoning designation, those lands
delineated as 'M1-59-2013' on Schedule 'A' to this By-law may be used in compliance
with the 'M1' zone provisions contained in this By-law, excepting however, that:
i.
Permitted non-residential uses shall be limited to:
-
Manufacturing Concrete tile and agriculture related concrete products
-
Uses permitted in the A1 General Agriculture zone
ii. The lands zoned M1-59-2013 shall be subject to site plan control under Section 41
of the Planning Act, R.S.O. 1990
M1-28-2017, Concession 4 E PT LOT 28 RP 3R6986 PART 2 (Elderslie), (Gingrich/ Z-20-17.38)
.12
Notwithstanding the Agriculture Commercial Industrial (Ml) Zone, those lands delineated
as Ml-28-2017 - Agriculture Commercial Industrial Special on Schedule 'A' to this By-
law shall be used in compliance with the 'Ml' zone provisions contained in this by-law,
excepting however:
i.
Permitted uses include a farm implement repair, machine shop, welding shop to a
maximum building size of 650 square metres.
ii. Outside storage of goods, materials or equipment shall be accompanied by a
Planting Area as outlined in Section 3.15
iii. Minimum separation distance from accessory detached dwelling is 25 m
Agriculture Commercial Industrial (M1)
Comprehensive Zoning By-law 36-09
140
Municipality of Arran-Elderslie
Ml-71-2018 Agriculture Commercial Industrial Special, Lot 21 Concession 6 (Elderslie),
(Shantz/ Z-36-18.38)
.13
Notwithstanding the Ml Agriculture Commercial Industrial Zone, those lands delineated
as Ml-71-2018 Agriculture Commercial Industrial Special on Schedule 'A' to this By-law
shall be used in compliance with the 'Ml' zone provisions contained in this by-law,
excepting however:
i.
The zone area shall be 5852 m2 (1.45 ac)
ii. Permitted uses shall be limited to:
a. All uses permitted for an Agricultural Lot in the Al General Agriculture zone
b. A "farm implement establishment" to a maximum building size of 464 m2 (4992
ft2)
Explanatory Note: 'Farm Implement Establishment' means the use of land buildings or
structures for the sale of, storage or repair of new or used agricultural equipment and
machinery directly associated with the operation of a farm and may include as an
accessory use the display, sale, storage, servicing, and repair of snowmobiles, ATV's,
small engines, and lawn care equipment and related products but does not include any
other use(s) defined herein.
iii. The zone shall be exempt from the setback provisions of Section 4 7.3 (more than 1
zone on a lot)
iv. Except for a designated display area for a maximum of two pieces of equipment at
the end of the driveway, placed no closer than 5 m to the front lot line, outside
storage of goods, materials or equipment shall be accompanied by a Planting Area
as per Section 3.15
Al-71-2018, Lot 21 Concession 6 (Elderslie), (Shantz/ Z-36-18.38)
.14
Notwithstanding the General Agriculture (Al) Zone, those lands delineated as Al-71-
2018 General Agriculture Special on Schedule 'A' to this By-law shall be used in
compliance with the 'Al' zone provisions contained in this by-law, excepting however:
i.
Section 4.7.3 (more than 1 zone on a lot) shall not apply for setbacks to the Ml-71-
2018 zone.
Rural Commercial Industrial (M3)
Comprehensive Zoning By-law 36-09
141
Municipality of Arran-Elderslie
Section 19 - Rural Commercial Industrial (M3)
19.1 Scoping Note
The provisions of the Rural Commercial Industrial (M1) Zone shall generally only apply
to lands designated 'Rural' on Schedule 'A': Land Use in the County of Bruce Official
Plan.
19.2 Uses Permitted
No person shall within a 'Rural Commercial Industrial (M1)' zone use any lot or erect,
alter or use any building or structure for any purpose except the following:
i.
Residential Uses
- 'Dwelling, Accessory Apartment' as per Section 3.8.1 or a 'Dwelling, Accessory
Detached' as per Section 3.8.2, exclusively for the use of the owner or a caretaker.
A 'Dwelling, Accessory Apartment' or a 'Dwelling, Accessory Detached' shall not be
permitted in association with an 'Abattoir', 'Livestock Assembly Yard', or 'Public
Garage'.
ii. Non-Residential Uses
In addition to all Non-Residential Uses permitted in the 'M1' zone the following shall
also be permitted:
- Agricultural Produce Warehouse
- Greenhouse, Commercial
- Industrial, Dry limited to welding shops, blacksmith shops, and wood fabricating
- Public Garage
- Riding Stable/Equestrian Centre
- Salvage Yard
- Saw or Planing Mill
- Septic Tank Service
19.3 Zone Provisions
No person shall within any 'Rural Commercial Industrial (M1)' zone use any lot or erect,
alter or use any building or structure except in accordance with the following provisions:
Provisions
Non-Residential Uses
.1
Minimum Lot Area
0.8 hectares (2.0 ac)
.2
Minimum Lot Frontage
30 metres (98 ft)
.3
Minimum Front or Exterior Yard
15 metres (49.2 ft)
.4
Minimum Side & Rear Yard
10 metres (33 ft)
.5
Maximum Height - 'Main Building'
10 metres (33 ft)
.6
Maximum Lot Coverage
15%
Rural Commercial Industrial (M3)
Comprehensive Zoning By-law 36-09
142
Municipality of Arran-Elderslie
.7
Minimum Separation Distance from Accessory Detached Dwelling 30 metres (98 ft)
19.4 Special Provisions
By-law No: 94-06, Part of Lot 29, Concession 6/Part Lot 224, Plan 205 (Arran)
.1
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M3-1' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M3' zone provisions
contained in this By-law, excepting however:
i.
A Public Building and Public Garage shall be permitted;
ii. No building openings shall be permitted below an elevation of 231.0 metres G.S.C.
By-law No: 94-06, Part of Lot 29, Con. 6/ Part Lot 224, Plan 205; Part 1 on RP 3R-1248 (Arran)
.2
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M3-2' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M3' zone provisions
contained in this By-law, excepting however:
i.
Storage of sand, salt and other materials or equipment for a Public Use shall be
permitted;
ii. No building openings shall be permitted below an elevation of 231.0 metres G.S.C.
By-law No: 94-06, Part of Lot 30, Concession 10 (Arran)
.3
Notwithstanding their 'M1' zoning designation, those lands delineated as 'M3-3' on
Schedule 'A' to this By-law, shall be used in accordance with the 'M3' zone provisions
contained in this By-law, excepting however:
i.
A welding shop shall be permitted.
Urban & Rural Institutional (INR & IN)
Comprehensive Zoning By-law 36-09
143
Municipality of Arran-Elderslie
Section 20 - Urban & Rural Institutional Zones (INR, IN)
20.1 Scoping Note
The provisions of the Institutional Rural (INR) and Institutional Zones shall generally
apply to institutional development generally located in the urban and rural areas of the
Municipality.
20.2 Uses Permitted
No person shall within a 'Urban Institutional (IN)' zone or 'Rural Institutional (INR)' zone
use any lot or erect, alter or use any building or structure for any purpose except the
following:
Permitted Uses
Institutional- Rural
(INR)
Instiutional - Urban
(IN)
'Dwelling, Accessory Apartment' as per Section
3.8.1 or a 'Dwelling, Accessory Detached' as per
Section 3.8.2, used only in association with 'Place
of Worship'
√
√
Assembly Hall
√
√
Cemetery
√
√
Clinic
Not Permitted
√
Child Care
(By-law 32-2016, Day Care Act update Z-19-16.39)
Not Permitted
√
Day School
Not permitted
√
Educational FM1lity
Not permitted
√
Group Home - Type One
Not permitted
√
Hospital
Not permitted
√
Place of Worship
√
√
Public Building
Not permitted
Public Park
√
√
Residential Care Facility
Not Permitted
√
Accessory Buildings & Structures as per Sect 3.6
√
√
Urban & Rural Institutional (INR & IN)
Comprehensive Zoning By-law 36-09
144
Municipality of Arran-Elderslie
20.3 Zone Provisions
No person shall within any 'Institutional - Urban (IN)' or 'Institutional - Rural (INR)' zone
use any land or erect, alter or use any building or structure except in accordance with
the following provisions:
20.4 Special Provisions
By-law No: 94-06, Part Lot 30, Concession 10 (Arran)
By-law No: 94-06, Part Lot 14, Concession 13 (Arran)
By-law No: 7-84, Part Lot 1, Concession 14 (Elderslie)
By-law No: 7-84, Part of Lot 6, Concession 10 (Elderslie)
By-law No: 7-84, Part Lot 14, Part Lot 15, Concession 10 (Elderslie)
By-law No: 7-84, East Part Lot 15, Concession 1 (Elderslie)
By-law No: 7-84, Part of Lot 23, Concession 4 (Elderslie)
.1
Notwithstanding their 'INR' zoning designation, those lands delineated as 'INR-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'INR' zone provisions
contained in this By-law excepting however that:
i.
The permitted uses shall be limited to a 'Cemetery'.
By-law No. 20-04, Part Lot 23, Concession 4 (Elderslie)
.2
Notwithstanding their 'INR' zoning designation, those lands delineated as 'INR-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'INR' zone provisions
contained in this By-law excepting however that:
i.
The permitted uses shall be limited to a Mennonite parochial school.
Provisions
Lots with Municipal Water
Lots with No Municipal Water
.1
Minimum Lot Area
0.5 hectares (1.24 ac)
0.8 hectares (2.0 ac)
.2
Minimum Lot Frontage
40 metres (131 ft)
.3
Minimum Front Yard
7.5 metres (25 ft)
.4
Minimum Side Yard
5 metres (16.4 ft)
10 metres (33 ft)
.5
Minimum Rear Yard
10 metres (33 ft)
.6
Maximum Building
Height 'Main Building'
10 metres (33 ft)
.7
Maximum Lot Coverage
15%
10%
Urban & Rural Institutional (INR & IN)
Comprehensive Zoning By-law 36-09
145
Municipality of Arran-Elderslie
20.4
Special Provisions (cont'd)
By-law No: 94-06, Part of Lot 10, Concession 2 (Arran)
By-law No. 7-97, Part Lot 16,Concession 12 (Elderslie)
By-law No. 21-04, Part Lot 17, Concession 5 (Elderslie)
.3
Notwithstanding their 'INR' zoning designation, those lands delineated as 'INR-3' on
Schedule 'A' to this By-law shall be used in accordance with the 'INR' zone provisions
contained in this By-law excepting however that:
i.
The permitted uses shall be limited to a 'Church' and/or a 'Cemetery'.
By-law No: 7-84, Part of Lot 15, Concession 6 (Elderslie)
.4
Notwithstanding their 'INR' zoning designation, those lands delineated as 'INR-4' on
Schedule 'A' to this By-law shall be used in accordance with the 'INR' zone provisions
contained in this By-law excepting however that:
i.
The Permitted Uses shall be limited to a 'Public Park'.
By-law No: 94-06, Part of Lot 2, Concession 11 (Arran)
.5
Notwithstanding their 'INR' zoning designation, those lands delineated as 'INR-5' on
Schedule 'A' to this By-law shall be used in accordance with the 'INR' zone provisions
contained in this By-law excepting however that:
i.
The Permitted Uses shall be limited to an 'Assembly Hall'.
By-law No: 11-95 Lot 18, Concession 11 (Elderslie)
.6
Notwithstanding their 'INR' zoning designation, those lands delineated as 'INR-6' on
Schedule 'A' to this By-law shall be used in accordance with the 'INR' zone provisions
contained in this By-law excepting however that:
i.
A Mennonite parochial school shall be permitted in accordance with the 'INR' Zone
provisions; and
ii. Until such time as the school is available for occupation or until May 15, 1998,
whichever comes first, the existing detached dwelling accessory to the farming
operation on the subject lands may be used for the purposes of a Mennonite
parochial school.
INR-46-2017 Concession 1 Part Lot 9 (Arran) (Martin c/o Rudy / Z-46-17.49)
.7
Notwithstanding the Rural Institutional (INR) Zone, those lands delineated as INR-46-
2017 on Schedule 'A' to this By-law shall be used in compliance with the 'INR' zone
Urban & Rural Institutional (INR & IN)
Comprehensive Zoning By-law 36-09
146
Municipality of Arran-Elderslie
provisions contained in this by-law, excepting however:
i.
A parochial school use is permitted
ii. MDS I setbacks are:
a. 280 m from livestock and manure storage facilities on 1157 Elderslie-Arran
b. 145 m from livestock and manure storage facilities on 1107 Elderslie-Arran
c. 195 m from livestock and manure storage facilities on 1152 Elderslie-Arran
d. 195 m from livestock and manure storage facilities on 1100 Elderslie-Arran
INR-3-2018a and INR-3-2018b Parts Lot 15 Concession 6 Elderslie (Gillie's Hill / Z-70-17.38)
.8
a. Site alteration and development are prohibited under Section 48(3) of the Ontario
Heritage Act
b. For further clarity, the following activities will not be considered alterations under
Section 48:
i.
Continuing normal agricultural activity as has been previously practiced within
the protected area
ii.
Establishment of grass or lawn through seeding or placement of sod on the
existing soil surface
iii.
Perimeter fencing along the lot lone
iv.
Planting trees along the lot line
v.
Use of the area for the school play yard for students (normal play - running,
jumping)
vi.
Use of the area (playground) for outfield of a ball diamond in summer, a skating
rink in winter, and other running games;
vii.
Parking of overflow vehicles (buggies, wagons, and horses) along fence line.
Parks and Recreation (OS)
Comprehensive Zoning By-law 36-09
147
Municipality of Arran-Elderslie
Section 21 - Parks & Recreation And Open Space (OS)
21.1 Scoping Note
The provisions of the Parks and Recreation (OS) Zone shall generally apply to a variety of
urban land designations including 'Residential', and 'Recreation and Open Space' on
Schedule 'A', 'B' or 'C': Land Use Plan of the Official Plan for the Urban Areas of Chesley,
Paisley, Tara/Invermay.
21.2 Uses Permitted
No person shall within a 'Parks & Recreation (OS)' zone use any lot or erect, alter or use
any building or structure, for any purpose except the following:
i.
Residential Uses
- Prohibited
ii. Non-Residential Uses
- Boat Launching and Docking
- Conservation Area
- Farmers Market
- Golf Course
- Public Park
21.3 Zone Provisions
No person shall within any 'Parks & Recreation (OS)' zone use any land or erect, alter or
use any building or structure except in accordance with the following provisions:
Provisions
Non-Residential Uses
.1
Minimum Lot Area
0.5 hectares (1.24 ac.)
.2
Minimum Front or Exterior Yard
15 metres (49.2 ft.)
.3
Minimum Side/Rear Yard
10 metres (33 ft.)
.4
Maximum Height - 'Main Building'
10 metres (33 ft.)
.5
Maximum Lot Coverage
5%
21.4 Special Provisions
Waste Disposal (WD)
Comprehensive Zoning By-law 36-09
148
Municipality of Arran-Elderslie
Section 22- Waste Disposal (WD)
22.1 Scoping Note
The provisions of the Waste Disposal (WD) Zone shall generally apply only to lands
designated for such uses on Schedule 'A', 'B' or 'C': Land Use Plan of the Official Plan for
the Urban Areas of Chesley, Paisley, Tara/Invermay or on Schedule 'A': Land Use Plan of
the County of Bruce Official Plan.
22.2 Uses Permitted
No person shall within a 'Waste Disposal (WD)' zone use any lot or erect, alter or use any
building or structure, for any purpose except the following:
i.
Residential Uses
- Prohibited
ii. Non-Residential Uses
- Communal Sewage Disposal System
- Composting Facility
- Portable Asphalt Plant
- Portable Concrete Plant
- Recycling Centre
- Recycling Depot
- Sewage Treatment Plant
- Solid Waste Disposal Site
- Uses accessory to a Non-Residential Permitted Use i.e., open storage, scales,
pump buildings, administration office, equipment storage, maintenance building,
fuel pumps and similar uses
- Wayside Pit
- Wayside Quarry
22.3 Zone Provisions
No person shall within any 'Waste Disposal (WD)' zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
Provisions
Non-Residential Uses
.1
Minimum Lot Area
2 hectares (5 ac)
.2
Minimum Lot Frontage
20 metres (66 ft)
.3
Minimum Setback from all Lot Lines (Buildings/Structures)
15 metres (50 ft)
.4
Minimum Setback from Lot Line (All other activities)
30 metres (100 ft)
.5
Maximum Building Height
10 metres (33 ft)
.6
Maximum Lot Coverage (Buildings/Structures)
1%
Waste Disposal (WD)
Comprehensive Zoning By-law 36-09
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22.4 Planting Areas
Except for entrances and exits, planting areas having a minimum width of 15 metres
(49.2 ft) and consisting of a dense screen of shrubs and evergreen trees, minimum 1
metre (3 ft) high when planted and of a type that will attain a minimum height of 6
metres (20 ft) at maturity and as well provide a year round visual barrier, shall be
planted and maintained along any street lot line and along any lot line abutting any
Residential or Institutional Zone.
22.5 Special Provisions
Part of Lot 2, Concession 12 (Arran)
Part of Lot 1, Concession 6 (Elderslie)
.1
Notwithstanding their 'WD' zoning designation, those lands delineated as 'WD-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'WD' zone provisions
contained in this By-law excepting however that:
i.
The permitted Uses shall be limited to a closed 'Solid Waste Disposal Site'.
Environmental Protection (EP)
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Municipality of Arran-Elderslie
Section 23 - Environmental Protection (EP)
23.1 Scoping Note
The provisions of the Environmental Protection (EP) Zone shall generally apply only to
lands designated 'Natural Environment & Hazard' on Schedule 'A', 'B' or 'C': Land Use
Plan of the Official Plan for the Urban Areas of Chesley, Paisley, Tara/Invermay or
designated 'Hazard' on Schedule 'A': Land Use Plan of the County of Bruce Official Plan.
23.2 Uses Permitted
No person shall within a 'Environmental Protection (EP)' zone use any lot or erect, alter
or use any building or structure, for any purpose except the following:
-
Agriculture, General
-
Conservation Area
-
Public Park
-
Boat Launching and Docking
23.3 Structures Prohibited
(revised as per By-law 23-2013, AE HSKP 3, Z-3-2013.49 22 April 2013)
All buildings and structures shall be prohibited in an 'Environmental Protection (EP)'
zone except for the following:
i.
Those necessary for flood and/or erosion purposes as per Section 24.3;
ii. Unenclosed picnic shelters;
iii. Washroom facilities associated with a Public Park or Conservation Area;
iv. Buildings for essential public services;
v. Boat Launching and Docking
vi. Buildings, structures or appurtenances that are essential for the provision of public
services and that cannot be feasibly located in another zone, and which have
received approval from any appropriate approval authority (OMB July 5, 2010)
23.4 Zone Provisions
No person shall within any 'Environmental Protection (EP)' zone use any land or erect,
alter or use any building or structure, except in accordance with the following
provisions:
Explanatory Note: Development, Interference with Wetlands and Alterations to Shorelines
and Watercourses. Where development or site works are proposed within a Regulated Area,
Provisions
Flood Control Buildings
.1
Minimum Building Setback from Any Lot Line
10 metres (33 ft)
.2
Maximum Building Size
20 m2 (215 ft2)
.3
Maximum Building Height
3 metres (10 ft)
Environmental Protection (EP)
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Municipality of Arran-Elderslie
as identified by Ontario Regulation 151/06 or Ontario Regulation 169/06, and shown on
schedules filed with the Conservation Authority where such mapping exists, a permit from
the applicable Conservation Authority having jurisdiction may be required. The applicable
Authority should be contacted to determine the extent of the Regulated Area. The applicable
Authority should be consulted prior to the commencement of development and/or site
alterations, including construction, re-construction, conversions, grading, filling or
excavating to determine whether the applicable Authority's regulations apply.
Future Development (PD)
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Municipality of Arran-Elderslie
Section 24 - Future Development (PD)
24.1 Scoping Note
The provisions of the Future Development (PD) Zone shall generally apply only to lands
designated 'Future Development' on Schedule 'A', 'B' or 'C': Land Use Plan of the Official
Plan for the Urban Areas of Chesley, Paisley, Tara/Invermay.
24.2 Uses Permitted
No person shall within a 'Future Development (PD)' zone use any lot or erect, alter or
use any building or structure, for any purpose except the following:
-
'Dwelling' existing at the date of passing of this By-law
-
'Restricted Agriculture' except that no new buildings, structures or expansions to
existing uses, buildings and structures
-
Legal uses, buildings and structures existing at the date of passing of this By-law
-
'Conservation Area'
-
'Home Occupation- Domestic and Professional' as per Section 3.9 [in a Dwelling,
Single Detached only]
-
'Home Occupation - Bed & Breakfast Establishment' as per Section 3.10 [in a
Dwelling, Single Detached only]
-
'Group Home - Type 1' [in a Dwelling, Single Detached only]
-
'Public Park'
-
Accessory Buildings & Structures as per Section 3.6
24.3 Regulations For Existing 'Dwelling' Zoned Future Development '
Alteration and/or enlargement of an existing 'Dwelling' and/or an accessory structure
associated with a 'Dwelling' shall be as follows:
a) On lands in Burgoyne, Allenford, Dobbinton Scone, Elsinore, Alvanley or Arkwright in
accordance with the provisions of the 'HR' zone.
b) On lands in Chesley, Paisley or Tara/Invermay in accordance with the provisions of
the 'R1' zone.
c) For all other lands, in accordance with the provisions of the 'A1' zone.
Future Development (PD)
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24.4 Special Provisions
PD-1 1364 Bruce Rd 11; Lots 7,8,9 & 10 Eastside; Cardigan LTS 9,10,11,12 & 13;W/S Nolan
OMB Decision July 5, 2010
On lands zoned as PE-1, in addition to the uses permitted by Section 24.2, a single
detached dwelling is a permitted use, and is subject to the provisions of Section 24.3b)
Enactment
Comprehensive Zoning By-law
Municipality of Arran-Elderslie
Section 25 - Enactment
25.1 Conflict With Other By-Laws
In the event of any conflict or inconsistency between this By-law and any other general or
special By-law of the Corporation, the provisions of this By-law shall prevail.
25.2 Repeal Of Existing By-Laws
From the coming into force of this By-law, all previous By-laws passed under Section 34 of the
Planning Act or a predecessor thereof, pertaining only to the lands identified on Schedule 'A' to
this By-law, shall be deemed to have been repealed except to the extent that any of the said By-
laws prohibits the use of any land, building or structure for a purpose that is also prohibited by
this By-law
25.3 Effective Date
This By-law shall come into effect on the date it is passed by Council subject to compliance with
the provisions of The Planning Act, R.S.O. 1990 as amended.
Read a first & second time this 29th day of June, 2009.
Read a third time & finally passed this 29th day of June, 2009.
Ron Oswald
A.P. Crawford
Ron Oswald, Mayor
A. P. Crawford, Clerk
APPENDIX A
Comprehensive Zoning By-law
Municipality of Arran-Elderslie
Appendix A - MDS Guidelines and Formulae
Please follow the weblink below to OMAFRA Publication 707
MDS Implementation Guidelines
http://www.omafra.gov.on.ca/english/landuse/guide_toc.htm
Explanatory Note: This schedule is a guide to interpretation of the Minimum Distance Separation
formula. It does not form a formal part of the zoning By-law, but is included to provide information
only. For further information, see the Ontario Ministry of Agriculture and Rural Affairs website, or
contact the Chief Building Official or the County of Bruce Planning and Economic Development
Department. This appendix is subject to updates as they are provided by the Province.