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TOWNSHIP OF ATHENS
ZONING BY-LAW NO. 2013-10
JULY 2024 OFFICE CONSOLIDATION
As Adopted by Council on September 3, 2013
TOWNSHIP OF ATHENS
1 Main Street West
Athens, Ontario K0E 1B0
tel: (613) 924-2044
fax: (613) 924-2091
www.athenstownship.ca
Prepared by:
NOVATECH
Engineers, Planners & Landscape Architects
200 - 240 Michael Cowpland Drive
Ottawa, Ontario K2M 1P6
tel: (613) 254-9643
fax: (613) 254-5867
www.novatech-eng.com
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IMPORTANT NOTICE
This document is an office consolidation of the Township's Comprehensive Zoning By-law No. 2013-10,
as amended, and has been prepared for ease of reference. While every attempt has been made to ensure
the accuracy of this consolidation, in the event of a discrepancy between it and Zoning By-law No. 2013-
10, and amendments thereto, the original by-laws shall prevail.
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THE CORPORATION OF
TOWNSHIP OF ATHENS
BY-LAW NO. 2013-10
A by-law to regulate the use of lands and the character,
location and the use of buildings and structures in Township of Athens
WHEREAS the Planning Act, R.S.O., 1990, Chapter P.13, as amended, provides that the council of a
municipal corporation may pass by-laws to regulate the use of land and the character, location, density, size
and use of buildings and structures;
NOW THEREFORE, the Council of the Corporation of Township of Athens enacts as follows:
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THE CORPORATION OF
TOWNSHIP OF ATHENS
BY-LAW NO. 2013-10
TABLE OF CONTENTS
PAGE
SECTION 1 - APPLICATION AND INTERPRETATION ................................................................... 1
1.1
TITLE OF BY-LAW ....................................................................................................................................... 1
1.2
SCOPE OF BY-LAW ...................................................................................................................................... 1
1.3
INTERPRETATION OF BY-LAW...................................................................................................................... 1
1.4
SCHEDULES TO BY-LAW .............................................................................................................................. 2
1.5
ZONING ADMINISTRATOR ............................................................................................................................ 2
1.6
ISSUANCE OF BUILDING PERMITS, CERTIFICATES AND LICENSES ................................................................ 2
1.7
CERTIFICATE OF OCCUPANCY ..................................................................................................................... 2
1.8
REQUEST FOR AMENDMENT TO ZONING BY-LAW ....................................................................................... 2
1.9
INSPECTION ................................................................................................................................................. 2
1.10
VIOLATIONS AND PENALTIES ...................................................................................................................... 2
1.11
REMEDIES.................................................................................................................................................... 2
1.12
VALIDITY .................................................................................................................................................... 3
1.13
TYPOGRAPHICAL AND FORMATTING MODIFICATIONS ................................................................................. 3
1.14
EXISTING BY-LAWS ..................................................................................................................................... 3
SECTION 2 - DEFINITIONS .................................................................................................................... 4
SECTION 3 - GENERAL PROVISIONS ............................................................................................... 18
3.1
ACCESSORY USES ..................................................................................................................................... 18
3.2
ADDITIONAL RESIDENTIAL UNITS ............................................................................................................. 18
3.3
EXISTING UNDERSIZED NON-CONFORMING LOTS ..................................................................................... 19
3.4
FRONT YARD REDUCTION WITHIN A SETTLEMENT AREA ......................................................................... 19
3.5
FRONTAGE ON AN IMPROVED STREET ....................................................................................................... 19
3.6
GROUP HOMES .......................................................................................................................................... 20
3.7
HEIGHT EXCEPTIONS ................................................................................................................................. 20
3.8
HOME-BASED BUSINESSES ........................................................................................................................ 20
3.9
LOADING SPACE REQUIREMENTS .............................................................................................................. 21
3.10
LOTS CONTAINING MORE THAN ONE USE ................................................................................................ 22
3.11
LOTS DIVIDED FOR FREEHOLD UNIT OWNERSHIP ..................................................................................... 22
3.12
LOTS DIVIDED INTO MORE THAN ONE ZONE ............................................................................................ 22
3.13
MOVING OF BUILDINGS ............................................................................................................................. 22
3.14
NON-CONFORMING USES, BUILDINGS AND STRUCTURES ......................................................................... 22
3.15
OCCUPANCY RESTRICTIONS ...................................................................................................................... 23
3.16
ON-FARM DIVERSIFIED USES AND AGRICULTURE-RELATED USES ........................................................... 23
3.17
OPEN STORAGE ......................................................................................................................................... 24
3.18
PARKING REQUIREMENTS.......................................................................................................................... 24
3.19
PUBLIC USES ............................................................................................................................................. 27
3.20
RESIDENTIAL SEPARATION DISTANCES FROM OTHER LAND USES ............................................................ 27
3.21
SETBACKS FROM ENVIRONMENTAL PROTECTION ZONES AND NATURAL HERITAGE DESIGNATIONS IN THE
OFFICIAL PLAN ......................................................................................................................................... 28
3.22
SEWAGE DISPOSAL SYSTEMS AND THE APPLICABILITY OF THIS BY-LAW .................................................. 28
3.23
SIGHT TRIANGLES ..................................................................................................................................... 28
3.24
SHORELINE AREA OCCUPANCY ................................................................................................................. 28
3.25
STREET SETBACKS .................................................................................................................................... 29
3.26
TEMPORARY USES ..................................................................................................................................... 29
3.27
THROUGH LOTS ......................................................................................................................................... 29
3.28
WATER FRONTAGE AND WATER SETBACKS .............................................................................................. 29
3.29
WAYSIDE PITS, WAYSIDE QUARRIES, PORTABLE ASPHALT PLANTS AND PORTABLE CONCRETE PLANTS 29
3.30
YARD AND WATER SETBACK ENCROACHMENTS ....................................................................................... 30
SECTION 4 - ZONES ............................................................................................................................... 31
4.1
GENERAL................................................................................................................................................... 31
4.2
ZONES AND ZONE SYMBOLS...................................................................................................................... 31
4.3
BOUNDARIES OF ZONES ............................................................................................................................. 32
4.4
HOLDING ZONES ....................................................................................................................................... 32
4.5
SPECIAL ZONES ......................................................................................................................................... 32
4.6
TEMPORARY ZONES .................................................................................................................................. 33
SECTION 5 - RESIDENTIAL ZONES .................................................................................................. 34
5.1
RESIDENTIAL FIRST DENSITY (R1) ............................................................................................................ 34
5.2
RESIDENTIAL SECOND DENSITY (R2) ........................................................................................................ 36
5.3
LIMITED SERVICES RESIDENTIAL (RLS) ................................................................................................... 38
5.4
MOBILE HOME PARK RESIDENTIAL (RMH) .............................................................................................. 40
SECTION 6 - COMMERCIAL ZONES ................................................................................................. 41
6.1
CORE COMMERCIAL (CC) ZONE ................................................................................................................ 41
6.2
GENERAL COMMERCIAL (CG) ZONE ......................................................................................................... 43
6.3
LOCAL COMMERCIAL (CL) ZONE .............................................................................................................. 45
6.4
TOURIST COMMERCIAL (CT) ZONE ........................................................................................................... 46
SECTION 7 - INDUSTRIAL ZONES ..................................................................................................... 47
7.1
GENERAL INDUSTRIAL (MG) ZONE ........................................................................................................... 47
7.2
SALVAGE YARD INDUSTRIAL (MS) ZONE ................................................................................................. 49
7.3
DISPOSAL INDUSTRIAL (MD) ZONE .......................................................................................................... 50
SECTION 8 - INSTITUTIONAL ZONES ............................................................................................. 51
8.1
INSTITUTIONAL (I) ZONE ........................................................................................................................... 51
SECTION 9 - OPEN SPACE ZONES..................................................................................................... 52
9.1
OPEN SPACE (OS) ZONE ............................................................................................................................ 52
SECTION 10 - RURAL ZONES ............................................................................................................. 53
10.1
RURAL (RU) ZONE .................................................................................................................................... 53
11.1
AGRICULTURE (A) ZONE ........................................................................................................................... 58
SECTION 12 - MINERAL RESOURCE ZONES ................................................................................. 61
12.1
MINERAL AGGREGATE EXTRACTION (EX) ZONE ...................................................................................... 61
12.2
MINERAL AGGREGATE RESERVE (EXR) ZONE ......................................................................................... 62
SECTION 13 - NATURAL HERITAGE ZONES ................................................................................. 63
13.1
ENVIRONMENTAL PROTECTION - PSW (EP-PSW) ZONE .......................................................................... 63
13.2
ENVIRONMENTAL PROTECTION - ANSI (EP-ANSI) ZONE ........................................................................ 64
13.3
ENVIRONMENTAL PROTECTION - LSW (EP-LSW) ZONE ......................................................................... 65
SECTION 14 - NATURAL HAZARD ZONES ...................................................................................... 66
14.1
FLOOD PLAIN (FP) ZONE ........................................................................................................................... 66
SECTION 15 - APPROVAL .................................................................................................................... 67
SCHEDULES
Schedule A
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 1
SECTION 1 - APPLICATION AND INTERPRETATION
1.1
Title of By-law
This By-law may be cited as the "Zoning By-law" of the Township of Athens.
1.2
Scope of By-law
1.
The provisions of this By-law shall apply to all lands within the geographic limits of the
Corporation of Township of Athens, as shown on Schedule A attached hereto. This By-law
shall also apply to any lands not shown on the Schedule created through the filling of water
bodies, alteration of shorelines or other means, as well as to any portion of the bed of any
water body where a license of occupation or lease has been issued by a relevant approval
authority. Such areas shall not be used for any purpose other than a conservation use unless
the Corporation has zoned such areas through an amendment to this By-law, regardless of
whether or not required approvals from the relevant approval authorities have been obtained.
2.
No building or structure shall hereafter be erected, altered or enlarged, nor shall the use of any
building, structure or lot hereafter be changed, in whole or in part, except in conformity with
the provisions of this By-law.
3.
Nothing in this By-law shall prevent the use of any lot, building or structure for any purpose
prohibited by this By-law if such lot, building or structure was lawfully used for such purpose
on the date of passing of this By-law, provided that it continues to be used for such purpose.
4.
Nothing in this By-law shall prevent the erection of any building or structure for a purpose
prohibited by this By-law if the building permit for such building or structure was issued by
the Chief Building Official prior to the date of passing of this By-law, provided that:
-
When the building or structure is erected, it continues to be used for the purpose for
which the building permit was issued; and
-
Provided that the building permit has not been revoked.
5.
This By-law shall not be effective to reduce or mitigate any restrictions imposed by a
governmental authority having jurisdiction to make such restrictions and, without limiting the
generality of the foregoing, shall include conservation authorities.
6.
All references to Provincial Acts or Regulations shall refer to the current Act or Regulation.
All references to the Planning Act shall refer to the Planning Act, R.S.O., 1990, Chapter P.13,
as amended.
1.3
Interpretation of By-law
1. In this By-law, unless the context requires otherwise, words used in the singular shall include
the plural and words used in the plural shall include the singular.
2. In this By-law, the word "shall" is mandatory and "may" is permissive.
3. In this By-law, unless the context requires otherwise, the word "used" shall include "designed
to be used" and "arranged to be used", and the word "occupied" shall include "designed to be
occupied" and "arranged to be occupied".
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
1.4
Schedules to By-law
The following schedule which is attached hereto is hereby incorporated into and is declared to form
part of this By-law to the same extent as if fully described herein:
-
Schedule A
1.5
Zoning Administrator
This By-law shall be administered by the Zoning Administrator.
1.6
Issuance of Building Permits, Certificates and Licenses
1. Notwithstanding any provisions of the Building By-law or any other by-law of the Corporation
to the contrary, no building permit, certificate or license shall be issued where the proposed
building, structure or use would be in violation of any of the provisions of this By-law.
2. Notwithstanding the generality of (1) above, where the approval of another agency or authority
is required, this shall mean that the approval of such shall be obtained by the applicant and
submitted to the Zoning Administrator at such time as an application is made for a building
permit.
1.7
Certificate of Occupancy
No change shall be made in the type of use of land, buildings or structures within any zone without
first obtaining a Certificate of Occupancy from the Corporation, pursuant to any Township
Occupancy Permit By-law that may be enacted.
1.8
Request for Amendment to Zoning By-law
Every request for an amendment to this Zoning By-law shall be accompanied by the Corporation's
application form, which shall be completed in full and accompanied by the required application
fee, as well as such supporting materials as may be determined through consultation with the
Corporation.
1.9
Inspection
The Zoning Administrator, the Chief Building Official or any other officer or employee of the
Corporation acting under the direction of Council is hereby authorized to enter at all reasonable
hours upon any property or premises for the purpose of carrying out his duties under this By-law.
Notwithstanding the foregoing, a dwelling unit shall not be entered without the consent of the
occupant except under the authority of a search warrant.
1.10
Violations and Penalties
Any person convicted of a breach of any of the provisions of this By-law shall be liable to a fine in
accordance with the provisions of the Planning Act and every penalty shall be recoverable under
the Provincial Offences Act.
1.11
Remedies
Where any building or structure is to be erected or altered, or any part thereof is to be used, or any
lot is to be used, in contravention of this By-law, such contravention may be restrained by action
Township of Athens
Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 3
at the instance of any ratepayer or of the Corporation pursuant to the provisions of the Planning
Act or the Municipal Act.
1.12
Validity
If any section, clause or provision of this By-law, including anything contained in Schedule A
attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, this
shall not affect the validity of the By-law as a whole or any part thereof, other than the section,
clause or provision(s) declared to be invalid. It is hereby declared to be the intention that all the
remaining sections, clauses or provisions of this By-law shall remain in full force and effect until
repealed, notwithstanding that one or more provisions thereof shall have been declared to be
invalid.
1.13
Typographical and Formatting Modifications
No amendment to this By-law shall be required in order for the Corporation to make:
-
Typographical or formatting modifications such as spelling, grammar, punctuation and
section numbering changes where, in the opinion of the Corporation, such modifications
do not affect the intent of the By-law;
-
Deletions, additions or revisions to technical information on Schedule A that do not affect
the intent with respect to the zoning of lands.
1.14
Existing By-laws
All other by-laws of the Corporation enacted pursuant to Section 34 or predecessors thereof of the
Planning Act are hereby repealed and, without limiting the generality of the foregoing, existing by-
laws that are repealed include:
-
Comprehensive Zoning By-law No. 89-6 of the former Village of Athens;
-
Comprehensive Zoning By-law No. 92-7 of the former Township of Rear of Yonge and
Escott;
-
All by-laws which amend the foregoing by-laws.
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
SECTION 2 - DEFINITIONS
For the purpose of this by-law, the definitions and interpretations in this section shall govern.
ACCESSORY shall mean a use, building or structure which is incidental, subordinate and exclusively
devoted to a principal use and located on the same lot therewith.
ADULT ENTERTAINMENT PARLOUR shall mean any premises or part thereof in which is provided,
in pursuance of a trade, calling, business or occupation, live entertainment or services appealing or designed
to appeal to erotic or sexual appetites or inclinations, and includes a body rub parlour.
AGGREGATE PROCESSING OPERATION shall mean a facility that processes material derived from
a pit or quarry and shall include activities such as screening, washing, crushing and associated storage of
raw or processed material, as well as the recycling of construction products such as asphalt and concrete
that are manufactured using aggregates.
AGRICULTURAL PRODUCTS PROCESSING FACILITY shall mean an establishment engaged in
the storage, grading, processing and wholesale distribution of agricultural products such as meat, fish,
poultry, eggs and dairy, vegetable, fruit, honey, wool, fur, lumber or wood products.
AGRICULTURAL USE shall mean the use of land, buildings or structures for:
-
Growing crops, including all related activities such as fertilizing, planting, spraying, irrigating
harvesting and the storage and sale of crops produced;
-
Raising, breeding, boarding, training, keeping and/or sale of livestock, including the raising and
sale of fish;
-
Collection, production, storage and sale of animal products such as milk, eggs, wool, fur or honey;
-
Greenhouse or nursery garden, including storage and sale of products produced;
-
Planting, harvesting and sale of forest products, including maple syrup;
-
Use and storage of all equipment related to the foregoing activities, including the occasional use of
a portable sawmill.
-
Farm-gate sales of any of the above products, provided that they are produced on the farm.
Agricultural use shall not include commercial or industrial activities such as abattoirs, tanneries, kennels or
manufacturing activities involving crops, animal products, lumber or wood products.
AGRICULTURE-RELATED USE shall mean small scale farm-related commercial uses that are directly
related to farm operations in the area, are limited in area and provide direct products or services to
surrounding farm operations. The following uses shall be considered agriculture-related uses:
-
Abattoir;
-
Custom meat shop;
-
Farm equipment sales, rental and repair;
-
Farm supply sales;
-
Livestock assembly yard; and
-
Produce market.
ALTER when used in reference to a building or part thereof, shall mean 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" shall mean the change to the width, depth
or area thereof or to change the width, depth or area of any required yard, open space or parking area or to
change the location of any boundary of such lot with respect to a public highway or laneway, whether such
Township of Athens
Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 5
alteration is made by conveyance or alienation of any portion of said lot, or otherwise. The words "altered"
and "alteration" shall have a corresponding meaning.
ANIMAL HOSPITAL - see Veterinary Clinic
ANTIQUE SHOP shall mean a retail store offering antiques, second hand goods and used collectable
items.
ASPHALT PLANT shall mean a facility 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.
-
PORTABLE ASPHALT PLANT shall mean an asphalt plant which is not of permanent
construction, but which is to be dismantled at the completion of the construction project.
ATTACHED, when used in reference to the relationship of a deck, porch or stairs to a main building or
structure shall include any deck, porch, or stairs that is unattached but is situated within 1 m of the main
building or structure.
AUTOMOBILE BODY SHOP shall mean a building or part of a building used for the painting or
repairing of vehicle bodies and chassis, provided that all activities shall be undertaken within an enclosed
building, and provided further that it shall not include a salvage yard as defined herein.
AUTOMOBILE SERVICE STATION shall mean a building or place where automotive fuels, lubricants
or parts are kept for sale and/or where mechanical repairs to vehicles are performed and/or where vehicles
are washed or cleaned, but it shall not include a salvage yard or automobile body shop as defined herein.
BANK shall mean an establishment where money is deposited, kept, lent or exchanged or where other retail
financial services are provided and includes a chartered bank, trust company or similar financial institution.
BASEMENT shall mean that portion of the building between two floor levels which is partly underground
but, which has at least one-half (1/2) of its height from finished floor to finished ceiling above adjacent
finished grade.
BED AND BREAKFAST shall mean a business conducted in a single dwelling in which the resident
owner supplies for financial gain a maximum of three (3) guest bedrooms with or without meals for the
purpose of providing temporary lodging on a daily basis to the travelling public. A bed and breakfast shall
not be conducted within an additional residential unit, as herein defined.
BOARDING HOUSE shall mean a single dwelling in which the proprietor supplies for financial gain,
lodging with or without meals to a maximum of three (3) boarders, but it does not include a bed and
breakfast, hotel, hospital, foster home, home for the aged or other establishment otherwise classified or
defined in this By-law.
BOATHOUSE shall mean an accessory building or structure that is intended to shelter, house or protect a
boat or other watercraft and which is located such that more than 50% of the building or structure is beyond
the high water mark over the bed of the water body.
BUILDING shall mean any structure consisting of walls or columns and a roof which is used for the shelter,
accommodation or enclosure of persons, animals, goods or chattels.
-
ACCESSORY BUILDING shall mean a building customarily incidental and subordinate to the
main building and located on the same lot with such main building and not used for human
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
habitation and/or a sleeping cabin.
-
MAIN BUILDING shall mean a building serving the principal or primary uses for which the lot
was purchased, leased or rented.
-
TEMPORARY BUILDING shall mean a building or structure intended for removal or demolition
within a prescribed time as set out in a building permit.
BUILDING LINE shall mean a line within a lot drawn parallel to a lot line and establishing the minimum
distance between that lot line and any building or structure which may be erected.
BUILDING SUPPLY CENTRE shall mean an establishment engaged in the selling or installing of
building supplies including lumber, millwork, siding, roofing, flooring, windows, doors, plumbing,
electrical, heating, air conditioning and similar items.
CABIN - See Lodging Establishment
CAMPGROUND shall mean any parcel of land which is used to provide temporary accommodation for
the public or members of an organization in tents, trailers, tourist trailers or recreational vehicles.
CARPORT shall mean an attached or detached structure which is accessory to a dwelling and which is
covered but open on at least two sides and used for the sheltering of permitted vehicles and storage of
household equipment incidental to the residential occupancy.
CELLAR shall mean that portion of a building between two floor levels, which is partly underground and
which has more than one-half (1/2) of its height from finished floor to finished ceiling below finished grade.
CEMETERY shall mean land used as a place of interment for human remains within the meaning of the
Funeral, Burial and Cremation Services Act.
CHIEF BUILDING OFFICIAL shall mean the officer or employee of the Corporation charged with the
duty of enforcing the provisions of the Building by-law of the Corporation.
CLINIC shall mean a building or part thereof where health services are provided to the public in the form
of medical, paramedical, dental, surgical, physiotherapeutic or other human health services including
associated technician and laboratory facilities, and may also include an incidental pharmaceutical outlet for
the sale of prescription and therapeutic drugs and medication and other drug store products, and optical
equipment.
COMMERCIAL PARKING LOT shall mean the use of a vacant lot for parking as the principal or main
use.
COMMUNICATIONS TOWER shall mean a guyed or self-supporting structure the main purpose of
which is to accommodate antennas and/or other equipment used to transmit, receive, and/or relay wireless
video, voice and/or data communications for commercial purposes.
COMMUNITY SERVICE shall mean the use of land, buildings or structures by a not-for-profit, non-
commercial body or society such as a service club or charitable organization for promoting athletic, cultural,
educational, environmental, health, recreational, social, philanthropic or other similar objectives.
CONCRETE PLANT shall mean a facility designed to mix cementing materials, aggregate, water and
admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process.
Township of Athens
Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 7
-
PORTABLE CONCRETE PLANT shall mean a concrete plant which is not of permanent
construction, but which is to be dismantled at the completion of the construction project.
CONSERVATION USE shall mean research, observation, education, preservation, improvement and
enhancement with respect to natural resources or the natural environment, as well as passive outdoor
recreation activities such as hiking that do not involve alteration to the landform or natural vegetative
characteristics of the land. A conservation use may include buildings and structures provided they support
conservation use initiatives.
CONTRACTOR'S YARD shall mean a yard, including any accessory buildings or structures, where
materials, equipment and vehicles are stored in association with any building trade or contractor such as
excavators, road builders, roofers, landscapers, snow removal and similar contractors, but shall not include
a salvage yard.
CORPORATION shall mean the Corporation of the Township of Athens.
CORRECTIONAL FACILITY shall mean a place of secure detention or secure custody and includes a
secure custody group home.
COUNCIL shall mean the Council of the Corporation of Township of Athens.
COUNTY shall mean the United Counties of Leeds and Grenville.
CUSTOM WORKSHOP shall mean a business in which an artist or craftsperson produces and sells goods
such as jewellery, leatherwork, artistic wood, metal and glass crafts or pottery, or fine art such as paintings,
photographs and sculptures, in small quantity or on a custom order basis. A custom workshop does not
include any establishment where mass production of goods is carried on nor any shop or factory otherwise
defined in this by-law.
DAY CARE shall mean a day care facility licensed under the Child Care and Early Years Act and which
provides care for six (6) or more children.
DWELLING shall mean a building occupied or capable of being occupied as the home or the residence of
one or more persons. This definition shall not include any vehicle defined herein.
-
ACCESSORY DWELLING shall mean a single dwelling which is accessory to a permitted non-
residential building which is located on the same lot therewith and is occupied either by the family
of the owner or by the family of a person employed on the lot where such dwelling is located.
-
APARTMENT DWELLING shall mean a dwelling, other than a converted dwelling or row
dwelling, containing three or more dwelling units.
-
CONVERTED DWELLING shall mean a dwelling originally constructed as a single dwelling
that has been altered or converted into not more than four dwelling units.
-
DUPLEX DWELLING shall mean a dwelling which is divided horizontally into two dwelling
units.
-
ROW DWELLING shall mean a dwelling which is divided vertically into three or more dwelling
units.
-
SECONDARY FARM DWELLING shall mean a dwelling that is accessory to a principal
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
agricultural use of a lot that provides residential accommodation for farm employees and is located
on a lot that has a minimum lot area of 30 hectares.
-
SEMI-DETACHED DWELLING shall mean a dwelling which is divided vertically into two
dwelling units.
-
SINGLE DWELLING shall mean a dwelling which contains only one dwelling unit.
DWELLING UNIT shall mean one or more habitable rooms designed for use and occupied by persons in
which separate kitchen and sanitary facilities are provided for the exclusive use of such persons with an
independent entrance from outside the building or from a common hallway or stairway inside the building.
-
ACCESSORY DWELLING UNIT shall mean a dwelling unit which is part of, and accessory to,
a permitted non-residential building and which is occupied by the family of the owner of such non-
residential building or by the family of a person employed on the lot where such dwelling unit is
located.
-
ADDITIONAL RESIDENTIAL UNIT shall mean a separate dwelling unit that is located within
the same building or in a separate building on the same lot as a single dwelling, semi-detached
dwelling or row dwelling.
ENVIRONMENTAL IMPACT STUDY shall mean an environmental impact assessment completed in
accordance with the provisions of the Official Plan.
EQUIPMENT RENTAL OUTLET shall mean the use of land and buildings for the rental of equipment,
machinery, furniture and fixtures which are primarily of a size and type which would be used for home
improvement or household purposes and which would generally be transportable by the general public.
ERECT shall mean build, construct, reconstruct or relocate and shall include any preliminary physical
operations such as cutting, grading, excavating, filling, or draining or any altering of an existing building
by an addition, extension or other structural change or the doing of any work for which a building permit
is required under the building by-laws of the Corporation. The words "erected" and "erection" shall have
a corresponding meaning.
EXISTING shall mean existing as of the date of passing of this By-law.
FARM SUPPLY SALES shall mean the sale of farm supplies which may include feed, seed, hardware,
farm working apparel and other similar items associated with farming operations.
FLEA MARKET - See Open Market
FLOOD LINE shall mean the line showing the limit of the flood plain.
FLOOD PLAIN shall mean the area adjoining a water body that has been or may be subject to flooding
hazards, such hazards having been determined on the basis of the 1:100 year flood level, plus an allowance
for wave uprush and other water-related hazards, as applicable.
FLOOR AREA shall mean:
-
For a dwelling or dwelling unit, the total area of the storeys contained within the exterior walls of
the dwelling or dwelling unit, exclusive of any garage, carport, unenclosed porch or deck,
unfinished attic, unfinished basement or unfinished cellar where such basement or cellar has a
height of less than 2.1 metres measures between its floor surface and the underside of the joists of
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
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the storey above it;
-
For a building other than a dwelling or dwelling unit, the total area of all floors contained within
the exterior walls of the building.
FLOOR SPACE INDEX shall mean the ratio of the total floor area of a dwelling and any other habitable
building such as a sleeping cabin, if applicable, to the area of the lot on which the dwelling is situated,
expressed as a percentage.
FORESTRY USE - See Agricultural Use
FUEL STORAGE FACILITY shall mean an establishment primarily engaged in the bulk storage and
distribution of petroleum, gasoline, fuel oil, gas or other similar products in fuel storage tanks.
FUNERAL HOME shall mean an establishment with facilities for the preparation of the dead for burial
or cremation, for the viewing of the body, and for holding funeral services.
GARDEN CENTRE shall mean an establishment primarily used for the retail sale of gardening equipment,
products and planting materials, including greenhouses for the cultivation of such materials.
GARDEN SUITE shall mean a single dwelling that is designed to be portable for the use of a elderly
members of the family occupying a single dwelling on the same lot and for which a temporary use by-law
has been adopted, pursuant to the provisions of the Planning Act.
GOLF COURSE shall mean a public or private area operated for the purpose of playing golf and includes
a driving range, a mini putt and accessory uses such as a club house, a restaurant, an indoor driving range,
a putting green and similar uses.
GRADE shall mean the median elevation between the highest and lowest points of the finished surface of
the ground (measured at the base of the building or structure), but exclusive of any embankment in lieu of
steps.
GROUP HOME shall mean a dwelling which is occupied by three (3) to ten (10) unrelated residents who,
by reason of their emotional, mental, social or physical condition or legal status, require a supervised family
living arrangement for their well-being. A group home may be occupied as the residence by the staff or
receiving family. A group home does not include foster homes, boarding houses, a secure custody group
home, or other uses defined herein.
HEAVY EQUIPMENT SALES OR RENTAL ESTABLISHMENT shall mean an establishment having
as its main use the sale, rental, leasing, servicing, and accessory storage of heavy vehicles, farm equipment
and/or excavation or construction equipment.
HEIGHT, when used with reference to a building, shall mean the vertical distance between grade and:
-
The highest point of the roof surface on a flat roof;
-
The deck line on a mansard roof;
-
The mean level between the eaves and ridge of a gable, hip or gambrel roof.
HIGH WATER MARK shall mean the mark made on the shore or bank of a water body through the action
of water, which action has continued over such a long period of time that it has created a difference between
the character of the vegetation or soil below the mark and that above the mark.
HOME FOR THE AGED - See Public Use
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HOME-BASED BUSINESS shall mean an occupation, trade, business, profession or craft conducted as
an accessory use to the use of a dwelling by the dwelling occupant(s) and includes the following:
-
Instruction of students;
-
Respite care or day care, provided that no residential accommodation is provided;
-
Occupations in the areas of a personal service, a service outlet or a tradesperson's establishment,
all as defined in this By-law;
-
Food catering business;
-
Pet grooming;
-
Office for conducting a business or profession;
-
Studio of an artist, artisan or craftsperson.
HOTEL - See Lodging Establishment
HUNTING OR FISHING CAMP shall mean a building or structure that includes an approved sewage
disposal system and that is used on an occasional basis as a base for hunting, fishing, or similar outdoor
activities, and which may provide sleeping accommodations, but shall not include a dwelling or a dwelling
unit as defined in this By-law.
INDUSTRIAL FACILITY shall mean an establishment not otherwise defined in this By-law that is
primarily engaged in the assembly, fabrication, manufacturing, processing, treatment, recycling or
packaging of articles, components, materials or products.
INSTRUCTIONAL FACILITY shall mean a business that provides instruction or training in an art,
hobby, skill, or trade and includes programs in exercise, dance, music, arts and crafts, computer operation,
driving, and other similar activities.
KENNEL shall mean a building or structure where animals other than livestock, such as dogs or cats, are
bred, boarded or trained for financial compensation. Grooming may be conducted as an accessory use.
LANE shall mean a driveway providing access from within a property to a public street.
LAUNDROMAT OR DRY CLEANERS shall mean a building or part of a building in which the business
of washing, and/or dry cleaning of clothes and other fabrics is carried on and includes both self-service and
full-service facilities.
LIVESTOCK FACILITIES shall mean livestock and/or poultry barns, buildings or structures where
agricultural animals are housed and shall include feed lots and associated manure storage.
LOADING SPACE shall mean a space or bay located on a lot which is used or intended to be used for the
temporary parking of any commercial vehicle while loading or unloading goods, merchandise or materials
used in connection with the use of the lot or any building thereon.
LODGING ESTABLISHMENT shall mean an establishment which provides temporary accommodation
in one or more buildings for members of the public or organizations who are vacationing or travelling and
shall include a seasonal camp, a cabin, a hotel, a lodge and a motel.
-
SEASONAL CAMP shall mean an establishment which provides meals, sleeping accommodation
and recreational opportunities to individuals and groups who are under the supervision of camp
staff and shall include children's camps, church camps, scouting movement camps, YM/YWCA
camps and other similar uses.
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-
CABIN shall mean an establishment designed to accommodate one or more persons in a detached
or semi-detached building
-
HOTEL shall mean an establishment containing four or more guest rooms served by a common
entrance. Accessory uses may include accommodation for staff, dining rooms, meeting rooms,
recreational amenities and similar uses.
-
MOTEL shall mean an establishment containing four or more guest rooms each of which has a
separate entrance directly from outside the building. Accessory uses may include dining rooms,
meeting rooms, recreational amenities and similar uses.
LOT shall mean a parcel or tract of land which is capable of being legally conveyed in accordance with the
provisions of the Planning Act.
-
CORNER LOT shall mean a lot situated at the intersection of two streets, of which two adjacent
sides that abut the intersecting streets contain an angle of not more than 135 degrees.
-
INTERIOR LOT shall mean a lot situated between adjacent lots and which has frontage on one
street.
-
ISLAND LOT shall mean a waterfront lot that consists of an island or part of an island.
-
THROUGH LOT shall mean a lot, other than a corner lot as defined herein, with frontage on more
than one street.
-
WATERFRONT LOT shall mean a lot which abuts a shoreline but which does not abut an
improved street or a street which will become an improved street pursuant to provisions in, and
financial security associated with, a subdivision agreement registered on the title to the lot.
LOT AREA shall mean the total horizontal area within the lot lines of a lot, excluding any lands below the
high water mark on a waterfront lot.
LOT COVERAGE shall mean that portion of the area of a lot covered by all main and accessory buildings,
porches, decks, swimming pools and similar features, but excluding automobile service station pump island
canopies, entrance canopies for non-residential buildings, and balconies and overhanging eaves which are
more than 2.5 m above finished grade.
LOT FRONTAGE shall mean the width of a lot measured between the intersections of the side lot lines
with a line that is continuously 6 m back from and parallel to the front lot line.
LOT LINE shall mean any boundary of a lot or the vertical projection thereof.
-
FRONT LOT LINE shall mean the following:
-
In the case of an interior lot, the line dividing the lot from the street;
-
In the case of a corner lot or through lot, the shorter lot line abutting a street, or where access
is gained to the lot regardless of the length of the line.
-
In the case of a waterfront lot, the high water mark shall be deemed to be the front lot line.
-
REAR LOT LINE shall mean in the case of a lot having four or more lot lines, the lot line farthest
from and opposite to the front lot line. If a lot has less than four lot lines, there shall be no rear lot
line.
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-
SIDE LOT LINE shall mean a lot line other than a front or rear lot line.
MARINA shall mean an establishment or premises located on a water body and containing facilities where
boats and boat accessories are berthed, stored, serviced, repaired, maintained or kept for sale or rent and
where facilities for the sale of marine fuels and lubricants, as well as the parking of customers' vehicles,
may be provided. The incidental sale of convenience food and personal items, camping and outdoor
recreation accessories and fishing gear is included as an accessory use.
MARINE FACILITY shall mean an accessory building or structure which is used to place a boat into or
out of a water body, or used to moor, berth or store a boat. This definition shall include a boat launching
ramp or equivalent, boat lift, dock, boathouse, boatport or slip, but shall not include any building used for
human habitation, a sleeping cabin nor any marina or boat service, repair or sales facility.
MOBILE HOME shall mean a prefabricated building which bears a CSA Z240 approval and which is
designed to be towed on its own chassis (notwithstanding that its running gear is or may be removed),
designed and equipped for year round occupancy and containing therein facilities for cooking or for the
installation of cooking equipment, as well as sanitary facilities including a flush toilet and shower or
bathtub. This definition shall not include a travel trailer or tent trailer or trailer otherwise defined in this
By-law.
MOBILE HOME PARK shall mean land which has been provided and designed for the location of two
or more occupied mobile homes.
MOBILE HOME SITE shall mean a portion of a mobile home park designed to accommodate one mobile
home.
MOTEL - See Lodging Establishment
NON-CONFORMING shall mean a use, building or structure which, on the date of the passing of this By-
law, is not within the list of permitted uses for the zone in which it is located or does not meet one or more
of the provisions of this By-law.
NURSING HOME - See Public Use
OFFICIAL PLAN shall mean the Official Plan of the Township of Athens, as amended.
ON-FARM DIVERSIFIED USE shall mean uses that are secondary to the principal agricultural use of a
property and are limited in area. The following uses shall be considered on-farm diversified uses:
-
Agri-tourism uses such as seasonal or occasional farm related events, recreational or educational
activities and bed and breakfast establishments;
-
Ground mounted solar facilities;
-
Home-Based Businesses;
-
Kennel, subject to the provisions of Section 10.1.3.3;
-
Local food production and packaging;
-
Restaurant or bakery;
-
Retail store, farm gate sales and open market; and
-
Veterinary clinic.
OPEN MARKET shall mean a building or open air facility where individual vendors operating from stalls,
booths or other defined areas offer the following for sale: Fresh fruit, vegetables and herbs, poultry, fish,
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 13
meat, eggs, cheese, honey, cider, maple products, cut flowers, bedding plants, shrubs and trees, baked
foodstuffs, second hand furniture and other items, handicrafts and other hand-made products.
OPEN SPACE shall mean unoccupied space open to the sky on the same lot with the building.
OPEN STORAGE shall mean the storage of goods, merchandise or equipment outside a building or
structure on a lot or portion thereof, but does not include the outdoor display of a limited number of samples
of the goods, merchandise or equipment for the purposes of sales and advertisement, nor does it include the
open storage of a limited quantity of operative or licensed vehicles and equipment that are normally
associated with residential occupancy.
PARK shall mean an area consisting largely of open space, which may include a recreational area,
playground, playing field, tennis courts, lawn bowling greens, skating rinks, athletic field, picnic areas,
swimming pools, day camps, community centres or other similar use, but it shall not include a mobile home
park or campground.
-
PUBLIC PARK shall mean a park owned or controlled by the Corporation or by any ministry,
board, commission or authority established under any statute of Ontario or Canada.
-
PRIVATE PARK shall mean a park other than a public park.
PARKING AREA shall mean a lot or lots or portions thereof required in accordance with the provisions
of this by-law for the temporary parking of motor vehicles and includes any related aisles, parking spaces,
entrance and exit lanes, but, it shall not include any part of a public street.
PARKING SPACE shall mean an area for the temporary parking or storage of motor vehicles.
PERSON shall mean an individual, an association, a chartered organization, a firm, a partnership or a
corporation.
PERSONAL SERVICE shall mean an establishment where a personal service related to the grooming or
health of persons is provided, or where the maintenance or repair of personal wardrobe articles is performed.
A personal service may include a hair stylist, an aesthetician, a tailor, a shoe repair shop or similar use.
PET CEMETERY shall mean land used as a place of interment for the dead remains of domestic pets.
PIT shall mean any open excavation made for the removal of any soil, earth, clay, marl, sand, gravel or
unconsolidated rock or mineral in order to supply material for construction, manufacturing or industrial
purposes but, it shall not include an excavation incidental to the erection of a building or structure for which
a building permit has been granted by the Corporation, or an excavation incidental to the construction of
any public works.
-
CLASS B PIT shall mean a pit with a licence pursuant to the Aggregate Resources Act, R.S.O.,
1990, as amended, to remove 20,000 tonnes or less annually.
-
WAYSIDE PIT shall mean a temporary pit opened and used by or for a public road authority
solely for the purpose of a particular project or contract of road construction.
PLACE OF ASSEMBLY shall mean a building or structure used for the operation of arts and craft shows,
trade fairs, fashion shows, public meetings, banquets, community activities or events, conferences, auctions
and similar activities.
PLACE OF WORSHIP shall mean a building dedicated to religious worship.
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PRINCIPAL when used in reference to a use, shall mean the primary or main use of land, buildings or
structures.
PRIVATE GARAGE shall mean an attached or detached building which is accessory to a dwelling and
which is fully enclosed and designed or used for the sheltering of permitted vehicles and storage of
household equipment incidental to the residential occupancy.
PRIVATE RIGHT-OF-WAY shall mean a legal right of passage over a lot for the purpose of providing
vehicular access for two or more other lots.
PRINTING ESTABLISHMENT shall mean a business primarily engaged in the reproduction or
duplication of printed materials and/or the production of books, newspapers and similar publications.
PROFESSIONAL OR BUSINESS OFFICE shall mean a building or part of a building in which any
business is conducted or profession is practiced, but which does not include any establishment otherwise
defined herein.
PUBLIC USE shall mean the use of land, buildings or structures for the supply of public services by the
Corporation, the United Counties of Leeds and Grenville, the Governments of Ontario or Canada, any
agencies, boards commissions or authorities thereof, and any company providing electricity, natural gas,
wired or wireless communications or rail transportation. Without limiting the generality of the foregoing,
among other uses, this shall include correctional institutions, hospitals, homes for the aged, and nursing
homes.
QUARRY shall mean any open excavation made for the removal of consolidated rock or mineral including
limestone, sandstone or shale in order to supply material for construction, industrial or manufacturing
purposes.
-
WAYSIDE QUARRY shall mean a temporary quarry opened and used by or for a public road
authority solely for the purpose of a particular project or contract of road construction.
RECREATIONAL ESTABLISHMENT shall mean any building or part of a building used for the
purposes of a bowling alley, curling rink, skating rink, billiard parlour, health or athletic club, swimming
pool, theatre or other similar use.
RESIDENTIAL CARE HOME shall mean a residence for the elderly which provides ancillary health and
social services to the residents of the home and has communal dining and recreational facilities.
RESTAURANT shall mean a building or part of a building where food and beverages are sold to the public
for immediate consumption on or off the premises.
RETAIL STORE shall mean a building or part of a building where goods, wares, merchandise, substances,
articles or things are offered or kept for sale at retail and includes rental of consumer goods and storage of
limited inventory on or about the store premises.
SALVAGE YARD shall mean a junk yard, an automobile wrecking yard or premises and premises where
goods, wares, merchandise or articles are processed for further use or for the sale, storage, keeping or
abandonment of junk including scrap metals or other scrap material from the dismantling, demolition or
abandonment of vehicles or machinery parts.
SCHOOL shall mean an educational establishment as defined in the Education Act, and includes any other
facility which has a body of students and teachers and which provides primary, elementary, and secondary
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or adult education courses of study authorized or approved by the Minister of Education for the Province
of Ontario.
SELF-STORAGE FACILITY shall mean a building which is divided into spaces which may be rented
for the purpose of storing goods, wares, merchandise, equipment or materials.
SERVICE OUTLET shall mean an establishment where articles, goods or materials, excluding vehicles,
may be repaired or serviced.
SEWAGE DISPOSAL SYSTEM shall mean a privy, a greywater system, a cesspool, a leaching bed
system, a holding tank or any other privately-owned individual or communal system for the on-site holding
and/or treatment of sanitary sewage.
SHORELINE shall mean any lot line or portion thereof which is the shore of a water body.
SIGHT TRIANGLE shall mean the triangular space formed by the street lines of a corner lot and a line
drawn from a point in one street line to a point in the other street line, each such point being 9 m from the
point of intersection of the street lines, measured along the street lines. Where two street lines do not
intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the
projection of the street lines or the intersection of the tangents to the street lines.
SITE ALTERATION shall mean site grading, excavation and the placement of fill.
SIGN shall mean a name, identification, description, device, display or illustration which is affixed to a
building, structure or lot which directs attention to an object, product, place, activity, person, institute,
organization or business and which does not contravene any by-law or regulation of the Corporation, the
County, the Province of Ontario or Government of Canada.
SLEEPING CABIN shall mean a building or structure, which is used for sleeping accommodations and/or
as guest accommodations, which does not include any washroom and/or kitchen facilities.
STOREY shall mean that portion of a building other than a cellar, basement or attic included between the
surface of any floor level and the surface of the floor, ceiling or roof above it.
STREET shall mean a public thoroughfare under the jurisdiction of the Corporation, the County or the
Province of Ontario. This definition does not include a lane, a private road or private right-of-way.
-
IMPROVED STREET shall mean a street which has been assumed by the Corporation, the
County or the Province and is maintained on a regular, year-round basis.
STREET ACCESS shall mean, when referring to a lot that such lot has a lot line or portion thereof which
is also a street line.
STREET LINE shall mean the limit of the road or street allowance and is the dividing line between a lot
and a street.
STREET SETBACK shall mean with reference to a street, the distance between the centreline of a street
allowance and the nearest building line.
STRUCTURE shall mean anything constructed or erected, the use of which requires location on the ground
or attached to something having its location on the ground and, without limiting the foregoing, includes a
trailer or a mobile home.
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TRADESPERSON'S ESTABLISHMENT shall mean a building or part of a building which, in addition
to or as well as serving as an office, serves as a storage facility for the materials and equipment of, and/or
a workshop for the undertaking of repairs, the preparation of materials, or the production of items on a
custom order basis by, one of the following tradepersons: Heating and cooling systems specialist, cabinet
maker, carpenter, chimney sweep, drywaller or plasterer, electrician, exterminator, fence installer, furniture
refinisher, general building contractor, glass installer, grounds maintenance person and landscaper,
handyman, janitor, mason, painter, plumber, printer, snow plough operator, upholsterer, welder, window
cleaner and similar tradepersons whose activities are not otherwise defined in this By-law.
TRANSPORTATION DEPOT shall mean an establishment where more than two commercial vehicles
are kept for hire, stored or parked and/or dispatched and may include accessory loading and warehouse uses
and truck or bus fuelling and repair facilities.
UNENCLOSED, when used in relation to an attached or detached porch, deck or other structure, shall
mean open except for a roof, supporting columns, safety railings, screens, curtains or shades. The word
unenclosed shall exclude partial or full solid walls or other solid materials such as glass and synthetic glass
substitutes normally intended to provide protection from the elements.
USE, when used as a noun, means the purpose for which a parcel of land, lot, building or structure or any
combination thereof is designed, arranged, occupied or maintained and "uses" shall have a corresponding
meaning. "Use" when used as a verb, or "to use" shall also have a corresponding meaning.
VEHICLE shall mean an all-terrain vehicle, an automobile, a boat, a commercial motor vehicle, a mobile
home, a motorcycle, a snowmobile, a recreational vehicle or a trailer.
VEHICLE SALES OR RENTAL ESTABLISHMENT shall mean an establishment having as its main
use the sale, rent, or leasing of vehicles. Accessory uses may include the repair and maintenance of such
vehicles.
VETERINARY CLINIC shall mean a building where one or more licensed veterinarians and any
associated staff provide medical, surgical, grooming or similar services to animals, but does not include
boarding services except those essential to recovery from medical treatment.
WAREHOUSE shall mean a building used for the bulk storage of commodities, goods, materials,
merchandise or wares.
WASTE DISPOSAL SITE shall mean a place where garbage, refuse, domestic or industrial waste is
disposed of or dumped and shall include a sewage treatment plant, lagoon or sludge disposal area.
WASTE RECYCLING FACILITY shall mean an operation engaged in the processing and recycling of
non-hazardous solid wastes including but not limited to wood, drywall, cardboard, metal and other
construction wastes. Radioactive, pathological and/or asbestos-contaminated materials or any other
hazardous materials are not permitted to be processed.
WASTE TRANSFER FACILITY shall mean an operation wherein waste materials collected from
surrounding areas are stored on a temporary basis entirely within a building and then shipped to the
appropriate disposal site.
WATER BODY shall mean any bay, lake, river, watercourse, canal or municipal drain pursuant to the
Drainage Act, but excluding an irrigation channel.
WATER FRONTAGE shall mean, in the case of a lot which abuts a water body, the width of such lot
measured between the intersections of the side lot lines with a line that is continuously 6 m back from and
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parallel to the high water mark.
WATER SETBACK shall mean, in reference to a water body, the horizontal distance between the high
water mark and the nearest building line.
WATERCOURSE shall mean a natural drainage channel that contains water either permanently or
intermittently, including creeks and streams.
WHOLESALE ESTABLISHMENT shall mean a business engaged in the bulk storage and sale of
commodities, goods, materials, merchandise or wares for resale or business use.
YARD shall mean an open, uncovered space appurtenant to a building or structure.
-
FRONT YARD shall mean a yard extending across the full width of the lot between the front lot
line and the nearest part of any main building or structure on the lot.
-
REAR YARD shall mean a yard extending across the full width of the lot between the rear lot line
and the nearest part of any main building or structure on the lot.
-
SIDE YARD shall mean a yard extending from the front yard to the rear yard between the side lot
line and nearest part of any main building or structure on the lot.
-
EXTERIOR SIDE YARD shall mean a side yard abutting a street.
-
INTERIOR SIDE YARD shall mean a side yard other than an exterior side yard.
ZONE shall mean:
-
A land use category as defined and regulated in this By-law; or
-
A designated area of land shown on the zoning schedules to this By-law.
ZONING shall mean the demarcation of an area into zones and the establishment of regulations to govern
the use of the land within these zones and the location, bulk, height, shape, use and coverage of structures
within each zone. The terms "zone provisions" and "zone requirements" shall have a corresponding
meaning.
ZONING ADMINISTRATOR shall mean the officer or employee of the Corporation charged with the
duty of enforcing the provisions of this By-law.
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SECTION 3 - GENERAL PROVISIONS
3.1
Accessory Uses
Except as otherwise set out in this section, accessory uses, buildings or structures shall be permitted
in any zone, provided that:
1. Accessory buildings or structures shall not be used for human habitation and/or a sleeping
cabin, except as specifically permitted elsewhere in this By-law.
2. Accessory buildings shall be included for the purposes of compliance with maximum lot
coverage provisions.
3. There shall be no minimum yard or water setback provisions applicable to a marine facility,
except that the minimum side yard shall be 4.5 m.
4. The minimum separation distance between a detached accessory building and any other
building shall be 1 m.
5. Any building or structure that is attached to the main building shall not be considered as
accessory.
6. Buildings or structures accessory to a residential use shall be subject to the following
provisions:
1. In a Residential zone:
-
The lot coverage of all accessory buildings or structures shall not exceed 10%.
-
The maximum height of an accessory building or structure shall be 5 m and shall
not contain more than 1 storey.
2. In a Residential, Rural, Agriculture or Local Commercial zone:
Notwithstanding the yard provisions of this By-law to the contrary, an accessory
building or structure may be located in a required interior side or rear yard, provided
that the minimum yard shall be:
-
Lots in Settlement Area in Official Plan
1 m
-
All other lots
3 m
7. Except as otherwise provided in this section, accessory buildings and structures shall conform
to the zone provisions applicable to main buildings.
3.2
Additional Residential Units
Notwithstanding any provision of this By-law to the contrary, where a single dwelling, semi-
detached dwelling, or row dwelling is a permitted use, a maximum of two (2) additional residential
units shall be permitted on the same lot in accordance with the following provisions:
1. A maximum of one (1) additional residential unit shall be permitted within or as an addition
to a single dwelling, semi-detached dwelling, or row dwelling and shall be subject to the
applicable provisions for the principal dwelling.
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2. A maximum of one (1) additional residential unit shall be permitted within a building
accessory to a single dwelling, semi-detached dwelling or row dwelling and with the
exception of building height, shall be subject to the provisions of Section 3.1. An additional
residential unit within an accessory building shall have a maximum building height of 6 m
and shall be subject to meeting MDS I provisions of Section 3.20.
3. All additional residential units shall be connected to the same well and sewage disposal
system servicing the principal dwelling.
4. The lot containing the additional residential units shall abut an improved street.
5. An additional residential unit is not permitted within 300m of Charleston Lake or on an
Island Lot.
6. A minimum of one (1) off street parking space shall be provided for the additional
residential unit(s), in addition to the parking requirement for the principal dwelling and
tandem parking shall be permitted.
7. Prior to obtaining a building permit for an additional residential unit, the applicant shall
obtain a septic system approval and shall demonstrate to the satisfaction of the Township
that there is a sufficient supply of well water to serve the additional residential unit(s) and
principal dwelling.
3.3
Existing Undersized Non-Conforming Lots
1. Where, on the date of passing of this By-law, an existing lot has less than the minimum lot
frontage, water frontage and/or lot area required by this By-law, or is increased in lot frontage,
water frontage and/or lot area but is still undersized, such non-conforming lot may be used and
a building or structure may be erected, altered or used for a purpose permitted in the zone in
which it is located on the date of the passing of this By-law without the requirement to obtain
relief from the applicable lot frontage, water frontage and/or lot area provisions of this By-law.
This provision shall not be construed as granting relief from any other provisions of this By-
law.
2. Subsection 3.3.1 above shall not apply to an existing undeveloped waterfront or island lot that
has a lot area of less than 0.8 ha.
3.4
Front Yard Reduction Within a Settlement Area
Notwithstanding any minimum front yard requirement of this By-law to the contrary, on a lot within
the Settlement Area designation of the Official Plan, the front yard may be reduced to 3 m or the
average of the front yards of existing main buildings located on the two immediately adjacent lots,
whichever is greater.
3.5
Frontage on an Improved Street
No lot shall be used and no building or structure shall be erected on a lot in any zone unless such
lot has sufficient frontage on an improved street to provide driveway access directly onto the street.
Notwithstanding the foregoing, this provision shall not apply to:
-
A non-residential building or structure accessory to an agricultural, mineral aggregate or
conservation use;
-
A lot on a registered plan of subdivision and with frontage on a street which will become
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an improved street pursuant to provisions in, and financial security associated with, a
subdivision agreement that is registered on the title to the lot;
-
A lot located in a Limited Services Residential (RLS) zone;
-
A lot located on an island.
3.6
Group Homes
Group homes shall be permitted in all zones in which a single dwelling, semi-detached dwelling
and duplex dwelling is listed as a permitted use in the zone in which it is located.
3.7
Height Exceptions
The maximum height restrictions of this By-law shall not apply to the following:
-
Air conditioning, heating or similar mechanical equipment
-
Antenna
-
Barn
-
Belfry, spire or dome associated with a place of worship
-
Chimney
-
Clock tower
-
Communications Tower
-
Electrical supply structure
-
Elevator or mechanical penthouse
-
Farm implement storage building
-
Flag pole
-
Grain elevator
-
Lightning rod
-
Silo
-
Solar collector
-
Water tower
-
Wind turbine
3.8
Home-Based Businesses
A home-based business shall be permitted as an accessory use to a residential use in accordance
with the following provisions:
1.
No more than 25% or 40 m2 of the floor area of the dwelling unit, whichever is lesser, shall
be used for the home-based business.
2.
There shall be no visible indication from the exterior of the building of the presence of the
home-based business other than one non-illuminated sign not larger than 1 m2.
3.
There shall be no open storage of inoperative or unlicensed motor vehicles or other materials,
or outdoor animal enclosures.
4.
There shall be no storage of hazardous materials such as paint or other flammable, corrosive
or explosive substances.
5.
There shall be no direct retail sale of goods other than those produced on the premises or those
which are clearly incidental to a personal service or service outlet home-based business.
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6.
Where instruction, respite care or day care is provided, there will be no more than six persons,
other than the instructor or caregiver, in attendance at any one time. In the case of all other
home-based businesses, not more than one individual client or customer shall be served at any
one time.
7.
A maximum of one person in addition to the dwelling occupant(s) may be employed in the
home-based business, provided that the maximum number of persons employed in the home-
based business shall not exceed three. For the purposes of this subsection, the number of
persons shall be calculated on the basis of full-time equivalence.
8.
Except in the case of lots designated Settlement Area in the Official Plan, up to 60 m2 of floor
area within an accessory building may be used for the home-based business, provided that:
1. The accessory building shall be located a minimum of 15 m from the closest dwelling
on another lot.
2. The combined total floor area used for the home-based business within the accessory
building and dwelling unit shall not exceed 60 m2.
9.
Not more than one commercial vehicle related to the home based-business shall be kept on
the premises.
10. The home-based business shall not, in the opinion of the Township, change the predominantly
residential character of the property or create or become a public nuisance with regard to noise,
odours, vibration, heat, traffic, lighting or other annoyance.
3.9
Loading Space Requirements
1. Number of Loading Spaces Required
Any commercial or industrial use which involves the transfer of goods, wares, merchandise or
raw materials to and from the site shall provide and maintain loading facilities on the lot in
accordance with the following regulations:
Floor Area of Building
Number of Loading Spaces
less than 200 m2
0
200 m2 - 1,000 m2
1
over 1,000 m2
1 plus 1 additional loading space per each 1,000 m2 of
floor area or part thereof
2. Loading Space Size
A required loading space shall be a minimum of 9 m long, 3.5 m wide, have vertical clearance
of at least 4.5 m and driveway access that is a minimum of 3.5 m in width.
3. Loading Area Surface
A loading area shall be maintained with a stable surface such as concrete, asphalt or crushed
stone.
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
4. Cumulative Loading Requirements
Where a lot, building or structure accommodates more than one use, the loading space
requirement shall calculated on the basis of the total floor area of all commercial and industrial
uses.
3.10
Lots Containing More Than One Use
Where a lot accommodates more than one use and the provisions of this By-law for the uses are
different, the more restrictive provisions shall apply.
3.11
Lots Divided For Freehold Unit Ownership
Notwithstanding the division of a lot or block for the purpose of freehold ownership of a dwelling
unit and its associated parcel of land, zoning provisions shall continue to apply on the basis of the
entire lot or block.
3.12
Lots Divided Into More Than One Zone
Where a lot is divided into more than one zone such that it has split zoning, each portion of the lot
shall be used in accordance with the provisions of this By-law for the zone where such portion of
the lot is located. In no case shall split zoning be interpreted to allow more dwellings or dwelling
units on the lot than would otherwise be permitted by the least restrictive of the applicable zones.
3.13
Moving of Buildings
No building or structure shall be moved into the Township or onto any lot unless its use and location
comply with this By-law.
3.14
Non-Conforming Uses, Buildings and Structures
1. Buildings Accessory to Non-Conforming Uses
An accessory building may be erected for an existing legal non-conforming use, provided it
complies with the provisions of this By-law relating to accessory uses, buildings and structures.
2. Change of Non-Conforming Use
A non-conforming use shall not be changed to another use unless it is to a permitted use in the
zone in which it is located. Pursuant to the provisions of the Planning Act and the Official
Plan, a non-conforming use shall only be changed to another non-conforming use with the
permission of the Committee of Adjustment.
3. Repair, Restoration and Reconstruction of Non-Conforming Uses, Buildings or
Structures
1. A legal non-conforming use, building or structure shall only be repaired, restored or
reconstructed in accordance with the rights conveyed to legal non-conforming uses
pursuant to the applicable provisions of the Planning Act, provided that the height, size and
volume of the building or structure shall not be increased except in accordance with
Sections 3.14.5.
2. Notwithstanding the foregoing, a legal non-conforming use, building or structure may be
Township of Athens
Zoning By-law No. 2013-10 - July 2024 Office Consolidation
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repaired, restored, or reconstructed to provide an alternative roof line or roof pitch which
does not result in an increase in floor area, provided the roof line or roof pitch is no higher
than the existing height of the roof line or roof pitch on the same storey of the existing
building or structure.
4. Replacement of Non-Conforming Sewage Disposal Systems
Notwithstanding any provision of this By-law to the contrary, a sewage disposal system which
was legally constructed under the regulations governing sewage disposal systems that were in
force and effect at the time of such construction but that is non-conforming with respect to the
water setback provisions, shall be replaced such that the minimum water setback is the setback
of the existing sewage disposal system or as set out in the Ontario Building Code, whichever
is greater.
5. Enlargements of Non-Conforming Uses
1. A non-conforming use shall not be enlarged or extended, except with the permission of the
Committee of Adjustment for the Township, pursuant to the provisions of the Planning
Act.
2. A non-conforming building or structure shall not be enlarged, except where the proposed
addition and enlargement is constructed pursuant to all applicable provisions of this By-
law.
3.15
Occupancy Restrictions
None of the following shall be used as a dwelling, sleeping cabin or for the purposes of human
habitation:
1. Any truck, bus, coach, railway or streetcar body;
2. Any marine facility or building or structure accessory to a residential use;
3. Any recreational vehicle, travel trailer or tent trailer, except in a tourist campground or as a
temporary use in accordance with Section 3.26 of this By-law.
4. Any dwelling unit the entirety of which is located in a cellar.
3.16
On-Farm Diversified Uses and Agriculture-Related Uses
On-farm diversified uses and Agriculture-related uses, as defined, shall be permitted in the Rural
(RU) and Agriculture (A) zones, provided the following are met:
1. On-farm diversified uses shall be located on a lot where the principal use of the lot is for
agriculture uses;
2. On-farm diversified uses and agriculture-related uses shall be limited to 2% of the total lot area,
to a maximum of 1.0 hectare (10,000 m2).
3. The gross floor area of all buildings or structures used for on-farm diversified uses and
agriculture-related uses shall be limited to 20% of the area permitted by Section 3.16.2. Where
an existing building is used for an on-farm diversified use, the area of the building may be
reduced by 50% when calculated towards the gross floor area.
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4. For the purposes of this subsection, the area of an on-farm diversified use and agriculture-
related use on a lot includes the combined total area of all buildings, structures, outdoor storage
areas, parking areas, private services (well and septic) and landscape areas.
3.17
Open Storage
Open storage shall be permitted as an accessory use to a permitted use within any zone other than
a Residential zone, provided that:
1.
No part of an open storage area shall be located within a front yard or any minimum side or
rear yard or water setback required by this By-law;
2.
Open storage shall not occupy any driveway or parking or loading area required by this By-
law;
3.
Where open storage that is not accessory to an agricultural use is situated less than 30 m from
a Residential zone, a street or a dwelling on another lot, a continuous buffer strip consisting
of a berm, fence or landscaping having a minimum combined height of 1.5 m shall be provided
so as to screen the open storage area from the street or dwelling. Such buffer strip shall be
broken only by a driveway or walkway from the street.
3.18
Parking Requirements
1. Number of Parking Spaces Required
In any zone, the owner or occupant of any lot or building or structure erected, enlarged or
changed in use after the passing of this By-law, shall provide off-street parking in accordance
with the following:
Type of Use
Number of Parking Spaces Required
Apartment Dwelling
1.25 parking spaces per dwelling unit
All other Dwellings
1 parking space per dwelling unit
Mobile home park or
1 parking space per site
Campground
Group home
1 parking space in addition to the applicable
dwelling requirement
Boarding house,
1 parking space, plus 1 parking space per 3
Residential care home
rooming units
Home-based business
1 parking space in addition to the applicable
dwelling requirement
Bed and breakfast
1 parking space per guest room in addition to the
applicable dwelling requirement
Lodging Establishment
1 parking space per guest room or cabin plus 1
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parking space per 20 m2 of floor area devoted to
dining or meeting uses
Restaurant, banquet hall
1 parking space per 12 m2 of floor area
Place of worship or assembly
1 parking space per 12 m2 of floor area devoted to
public assembly
Recreational use, Instructional Facility 1 parking space per 4 persons design capacity or
1 parking space per 20 m2 of floor area, whichever
is greater
Retail store, personal service,
1 parking space per 20 m2 of floor area
merchandise service outlet
Clinic
1 parking space per 20 m2 of floor area
Marina
1 parking space for each boat docking space, plus
1 parking space for every 25 m2 of marina floor
area. Where individual boat docking spaces are
not clearly identifiable, the length of a space shall
be deemed to be 8 m.
Commercial use not defined
1 parking space per 20 m2 of floor area
Professional or business office
1 parking space per 25 m2 of floor area
School - elementary
1.5 parking spaces per classroom
School - secondary
4 parking spaces per classroom
Institutional or public use
1 parking space per 40 m2 of floor area
Industrial, warehouse or
1 parking space per 70 m2 of floor area
storage use
2. More than One Use on a Lot
Where a building or lot accommodates more than one use, the number of parking spaces
required shall be the sum of the requirements for each of the uses.
3. Parking Space Size and Access
1. Each parking space shall have minimum dimensions of 2.75 m by 6 m. A parking space
shall have unobstructed access, except where tandem parking is specifically permitted
by this By-law.
2. Where a barrier free parking space is required by Section 3.18.4, the following barrier
free parking space types shall be provided:
1. Type A barrier free parking space shall have a minimum width of 3.4 m and a
minimum length of 6 m.
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
2. Type B barrier free parking space shall have a minimum width of 2.4 m and a
minimum length of 6 m.
3. Where an even number of barrier free parking spaces is required, an equal
number of Type A and Type B barrier free parking spaces shall be provided.
4. Where an odd number of barrier free parking spaces is required, an equal
number of Type A and Type B barrier free parking spaces shall be provided,
where the additional barrier free parking space may be a Type B barrier free
parking space. A minimum of one Type A barrier free parking space shall be
provided.
5. Where a barrier free parking space is provided, an access aisle with a minimum
width of 1.5 m and minimum length of 6 m is required and where two barrier
free parking spaces are adjacent to each other, the required access aisle may
be shared. The access aisle must be marked with high tonal contrast diagonal
lines.
6. Barrier free parking spaces shall provide signage in accordance with the
Ontario Highway Traffic Act. Where a Type A parking space is provided,
signage that identifies the space as 'van accessible' shall also be provided.
4. Barrier Free Parking Space Requirements
Included in the number of parking spaces required by Section 3.18.1, except parking required
for a single dwelling, semi-detached dwelling, duplex dwelling, row dwelling, additional
residential unit and an accessory dwelling unit, barrier free parking spaces shall be provided in
accordance with the following provisions, rounded up to the nearest whole number:
Total Number of Parking Spaces
Provided
1 - 12
13 - 100
101 - 200
201 - 1000
1000+
Minimum Number of Barrier Free
Spaces
1
4% of total parking provided
1 + 3% of total parking provided
2 + 2% of total parking provided
11 + 1% of total parking provided
5. Driveway Access to Parking Areas
The maximum width of any driveway shall be 9 m, measured at the street line.
Driveways designated for two-way traffic shall have a minimum width of 6 m. One-way
driveways and driveways serving only one dwelling unit shall have a minimum width of 3 m.
For portions of a driveway that directly abut a parking space, the minimum driveway width
shall be as follows:
Angle of Parking Space to Driveway
Minimum Driveway Width
0 degrees
3 m
30 degrees
3.4 m
45 degrees
3.7 m
60 degrees
5.4 m
90 degrees
6 m
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6. Parking Area Surface
A parking area shall be maintained with a stable surface such as concrete, asphalt or crushed
stone, except in the case of a barrier free parking space, paths of travel and required access
aisles, shall be constructed of asphalt or concrete.
7. Parking Area Location
All required parking shall be provided on the same lot as the use.
8. Parking Requirements for Additions to Existing Buildings
1. Where an existing building or structure has insufficient parking spaces to comply with the
provisions of this By-law, this By-law shall not be interpreted to require that the deficiency
be made up prior to the construction of any addition, provided that no addition may be built
and no change of use may occur within the existing building or structure, the effect of
which would be to increase the extent of such deficiency.
2. Notwithstanding any provision of this By-law to the contrary, within any lands designated
Settlement Area in the Official Plan, an existing building the use of which is being changed
to a new use with a greater parking space requirement than the previous use shall not be
required to provide any additional parking, provided that any parking deficiency shall not
be increased by more than 10 parking spaces.
3.19 Public Uses
1. Except in the case of lands zoned Environmental Protection - PSW (EP-PSW), any land may
be used and any building or structure erected or used for the purpose of a public use, provided
that lot coverage, setback and yard requirements of the zone in which such land, building or
structure is located shall be complied with, except in the case of towers, poles, lines and
transmission facilities for natural gas, electricity, cable, water, storm and sanitary sewage and
wired and wireless communications.
2. Where a public use is to be located in the Environmental Protection - ANSI (EP-ANSI) or
Environmental Protection - LSW (EP-LSW) zone, Section 13.2.3.2 shall apply.
3. Where a public use is to be located in the Flood Plain (FP) zone, Section 14.1.2 shall apply
and, further, no public use that includes institutional uses or essential emergency services or
the disposal, manufacture, treatment or storage of hazardous substances shall be permitted.
3.20
Residential Separation Distances from Other Land Uses
Notwithstanding any other provisions of this By-law, any new dwelling shall be located minimum
distances from certain zones or land uses on other lots as follows:
-
From a pit or concrete plant
300 m
-
From a quarry or asphalt plant
500 m
-
From land zoned Salvage Yard Industrial
300 m
-
From land zoned Mineral Aggregate Reserve
300 m
-
From land zoned Disposal Industrial
500 m
-
From livestock facilities
As per the Minimum Distance Separation I (MDS I)
formula, as issued by the Ontario Ministry of Agriculture,
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Food and Rural Affairs, except that MDS 1 shall not apply
to new non-agricultural uses to be located on an existing
lot of less than 2 ha in lot area.
-
From a rail line right-of-way
30 m
3.21
Setbacks from Environmental Protection Zones and Natural Heritage Designations in the
Official Plan
Notwithstanding any other provisions of this By-law, the minimum setback of any building or
structure from lands zoned EP-PSW, EP-ANSI, and EP-LSW in this By-law or designated Natural
Heritage A in the Official Plan shall be as follows:
-
From the EP-PSW zone or lands designated as Natural Heritage A in the Official Plan -
120m, or such lesser setback as recommended in an Environmental Impact Study
undertaken to the satisfaction of the Township that demonstrates no negative impacts on
the natural features or ecological functions, provided that such lesser setback shall not be
less than 30m.
-
From the EP-ANSI zone - 120m, or such lesser setback as recommended in an
Environmental Impact Study undertaken to the satisfaction of the Township that
demonstrates no negative impacts on the natural features or ecological functions.
-
From the EP-LSW zone - 50m, or such lesser setback as recommended in an
Environmental Impact Study undertaken to the satisfaction of the Township that
demonstrates no negative impacts on the natural features or ecological functions, provided
that such lesser setback shall not be less than 30m.
3.22
Sewage Disposal Systems and the Applicability of this By-law
Except in relation to water setbacks and setbacks from Environmental Protection (EP) zones,
sewage disposal systems shall not be subject to the provisions of this By-law.
3.23
Sight Triangles
Notwithstanding any provisions of this By-law to the contrary, within any area defined as a sight
triangle, the following uses shall be prohibited:
-
A building, structure or use which would obstruct the visions of motorists;
-
A fence or any vegetation of a height which is more than 1 m above the elevation of the
centrelines of abutting streets;
-
A parking or loading area.
3.24
Shoreline Area Occupancy
Notwithstanding any provisions of this By-law to the contrary, on any lot abutting a water body
and used for purposes other than a marina, a maximum of 20% or 15 m of the shoreline area,
whichever is lesser, shall be occupied by marine facilities, pump houses, stairs, decks, patios,
gazebos and all other accessory buildings and structures. For the purposes of this section, the
shoreline area shall include that portion of the lot lying within 3 m of the high water mark.
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3.25
Street Setbacks
The following setbacks shall be required:
-
County Street
13 m from the centre line of the street plus the minimum
required yard for the appropriate zone, except in the case
of County Road No. 42, in which case the setback shall
be 15.25 m from the centre line of the street plus the
minimum required yard for the appropriate zone
-
Township Street
10 m from the centre line of the street plus the minimum
required yard for the appropriate zone
-
Private right-of-way
6 m from the limit of the right-of-way
3.26
Temporary Uses
The following shall be permitted in any zone, except Environmental Protection (EP) and Flood
Plain (FP) zones:
-
Construction facilities such as sheds, scaffolds and other structures incidental to the
construction on the premises for so long as the work is in progress;
-
A temporary real estate sales and/rental office;
-
A travel trailer, tent trailer or recreational vehicle occupied on a temporary basis during the
course of construction of a dwelling on the same lot, provided that:
-
Temporary connection to an approved on-site sewage disposal system is provided;
-
A building permit for a dwelling has been issued and remains in force;
-
The trailer or recreational vehicle is located in accordance with the required yards and
water setbacks applicable to a dwelling;
-
In no event shall the trailer or recreational vehicle be located on the lot for a period
exceeding two years from the date of issuance of the building permit.
3.27
Through Lots
On a through lot, the minimum front yard requirement shall apply to each yard abutting a street.
3.28
Water Frontage and Water Setbacks
1. Except as otherwise provided by Section 3.3, the minimum water frontage for any lot abutting
a water body shall be 60 m.
2. Except as otherwise permitted by Sections 3.1, 3.14, 3.24 and 3.30 of this By-law, the minimum
water setback shall be 30 m for all buildings and structures, including sewage disposal systems
but excluding the following:
-
Decks, hot tubs and gazebos which are unattached to a main building;
-
Marinas, pump houses, stairs, marine facilities and roof decks situated on marine
facilities.
3.29
Wayside Pits, Wayside Quarries, Portable Asphalt Plants and Portable Concrete Plants
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Any lands may be used for the purposes of wayside pits, wayside quarries, portable concrete
plants and portable asphalt plants, except the following:
-
Lands zoned as Environmental Protection - PSW (EP-PSW), Environmental Protection -
ANSI (EP-ANSI), Environmental Protection - LSW (EP-LSW), Natural Hazard (FP) and
any Residential zone;
-
Lands designated as Settlement Area in the Official Plan;
-
Lands situated within 150 m of an existing dwelling.
3.30
Yard and Water Setback Encroachments
Notwithstanding the yard and setback provisions of this By-law, the following encroachments are
permitted:
-
Sills, belt courses, chimneys, cornices, eaves, gutters, parapets, bay windows and other
ornamental features may project into any required yard or water setback by not more than
0.6 m, provided that they shall not be located closer than 0.4 m to any lot line;
-
Attached unenclosed porches, open patios, decks, balconies, exterior stairs and landings
may project from the main building into any minimum required yard or water setback by
not more than 3 m, except that where an existing main building is non-complying in relation
to the required water setback, an open and unroofed porch, deck, exterior stairs or landing
may project into the existing water setback by a maximum of 1.5 m;
-
Open at-grade patios, awnings, clothes poles, flag poles, garden trellises, fences, plant
materials, accessible ramps and similar accessory structures shall be permitted in any
required yard or water setback;
-
Swimming pools, including all related equipment, shall be permitted in any required yard,
except for a required front or exterior side yard, and shall not be located closer than 1.5 m
to any lot line or encroach into the required 30 m water setback.
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SECTION 4 - ZONES
4.1
General
For the purposes of this By-law, the land area of the Township is divided into various generalized
and specific zones to which the provisions and regulations herein shall apply.
4.2
Zones and Zone Symbols
Zone Name
Symbol
Residential Zones
-
Residential First Density
R1
-
Residential Second Density
R2
-
Residential Limited Services
RLS
-
Mobile Home Park Residential
RMH
Commercial Zones
-
Core Commercial
CC
-
General Commercial
CG
-
Local Commercial
CL
-
Tourist Commercial
CT
Industrial Zones
-
General Industrial
MG
-
Salvage Yard Industrial
MS
-
Disposal Industrial
MD
Institutional Zones
-
Institutional
I
Open Space Zones
-
Open Space
OS
Rural Zones
-
Rural
RU
Agriculture Zones
-
Agriculture
A
Mineral Resource Zones
-
Mineral Aggregate Extraction
EX
-
Mineral Aggregate Reserve
EXR
Natural Heritage Zones
-
Environmental Protection - PSW
EP-PSW
-
Environmental Protection - ANSI
EP-ANSI
-
Environmental Protection - LSW
EP-LSW
Natural Hazard Zones
-
Flood Plain
FP
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4.3
Boundaries of Zones
The location and boundaries of the zones established by this By-law and certain requirements
applicable to such zones are shown on the maps hereto attached as Schedule A. Where any
uncertainty as to the boundary of any zone as shown on the zoning schedule, the following
provisions shall apply:
1. Where a zone boundary is indicated as following and is within the boundary of a street, lane,
railway right-of-way, other right-of-way or watercourse, the boundary shall be the centre of
such street, lane, railway right-of-way, right-of-way or watercourse.
2. Where a zone boundary is indicated as approximately following lot lines on a registered plan
of subdivision, deposited reference plan or original Township survey, the boundary shall follow
such lot lines. No amendment to the By-law shall be required for minor adjustments to zone
boundaries shown on Schedule A where, in the opinion of the Township, such adjustments are
merely for the purpose of more accurately reflecting surveyed information.
3. Where a zone boundary is indicated as following a shoreline of a watercourse, the boundary
shall follow such shoreline and in the event that the shoreline changes, the boundary shall be
taken as having moved with the shoreline.
4. Where any uncertainty exists as to the Flood Plain (FP) zone boundary, the boundary shall be
the 1:100 year flood line as identified on the relevant maps of the Conservation Authority,
except where a specific (GSC) elevation is identified on Schedule A.
5. Where any uncertainty exists as to the Environmental Protection - PSW (EP-PSW),
Environmental Protection - LSW (EP-LSW) and Environmental Protection - ANSI (EP-
ANSI) zone boundaries, the boundaries shall be as identified on the relevant maps of the
Ontario Ministry of Natural Resources and Forestry.
6. Where any street, lane, right-of-way, railway right-of-way or watercourse as shown on the
schedules is closed or diverted, the object of such closure or diversion shall be included within
the zone of the abutting property on either side thereof.
7. Where any zone boundary is left uncertain after the application of clauses (1) through (5) above,
the boundary shall be determined by scale from the original full-size zoning schedule.
8. Wherever it occurs, the municipal boundary is the limit of the zone adjacent to it.
4.4
Holding Zones
Where a zone symbol is followed by a hyphen and the letter "h", this denotes a holding
zone. Within such zones, only existing uses shall be permitted unless specifically stated
otherwise in the by-law, until the "h" has been removed. The removal of the holding
provision shall require an amendment to the By-law. Such amendment shall only be passed
by Council when any applicable servicing, phasing or financial conditions or agreements
for the lands have been satisfied in accordance with the requirements of the Official Plan.
4.5
Special Zones
Where a zone symbol is followed by a hyphen and a letter or a number other than "-h", (for example,
"-x" or "-1"), the lands so zoned shall be subject to all the provisions of the zone represented by
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such symbol except as otherwise provided by the special provisions of that zone.
4.6
Temporary Zones
Where a temporary zone is established for the purpose of accommodating a temporary use pursuant
to the provisions of the Planning Act, the lands so zoned shall be subject to all the provisions of the
zone, except that a temporary use shall be permitted for a certain limited period of time. The zone
symbol shall be followed by a hyphen, the letter "T" and a letter or a number other than "-h", (for
example, "-Tx" or "-T1").
Temporary zones in force and effect are as follows:
1. RU-T1 (Part of Lots 8 and 9, Concession 11, Geographic Township of Rear of Yonge)
-
Expired October 6th, 2016
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SECTION 5 - RESIDENTIAL ZONES
5.1
Residential First Density (R1)
1. Permitted Uses
single dwelling
bed and breakfast
2. Zone Provisions
-
Lot Area (minimum)
0.4 ha
-
Lot Frontage (minimum)
-
Lots designated Settlement Area in Official Plan
40 m
-
All other lots
45 m
-
Yards (minimum)
-
Front
-
Lots designated Settlement Area in Official Plan
6 m
-
All other lots
10 m
-
Exterior Side
6 m
-
Interior Side
-
Lots designated Settlement Area in Official Plan
3 m
-
All other lots
6 m
-
Rear
7.5 m
-
Building Height (maximum)
10 m
-
Lot Coverage (maximum)
20%
-
Dwellings per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. R1-1 (Part of Lots 13, 18, 19, 24 and 25 Brannon Block, Plan 141, Village of Athens)
Notwithstanding the provisions of Section 5.1.1 to the contrary, on the lands zoned
R1-1, the following additional use shall be permitted:
-
seasonally-operated mobile canteen/chip wagon
2. R1-2 (Part of Lot 7, Block B, Plan 141, Village of Athens)
Notwithstanding the provisions of Section 5.1.1 to the contrary, on the lands zoned
R1-2, the following additional uses shall be permitted:
-
clinic
-
accessory dwelling unit
3. R1-3 (Lots 1-3 and 6-8, Plan 103, Village of Charleston)
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 35
Notwithstanding the provisions of Section 5.1.2 to the contrary, on the lands zoned
R1-3, the two existing single dwellings shall be permitted.
4. R1-4 (Part of Lot 13, 18 & Lot 19, Plan 141, Village of Athens)
Notwithstanding the provisions of Sections 5.1.2 to the contrary, on the lands zoned
R1-4, the following provision shall prevail:
Lot Area (minimum)
0.17 ha
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
5.2
Residential Second Density (R2)
1. Permitted Uses
bed and breakfast
converted dwelling
duplex dwelling
semi-detached dwelling
single dwelling
2. Zone Provisions
-
Lot Area (minimum)
0.4 ha
-
Lot Frontage (minimum)
-
Lots designated Settlement Area in Official Plan
40 m
-
All other lots
45 m
-
Yards (minimum)
-
Front
-
Lots designated Settlement Area in Official Plan
6 m
-
All other lots
10 m
-
Exterior Side
6 m
-
Interior Side
-
Lots designated Settlement Area in Official Plan
3 m
-
All other lots
6 m
-
Rear
7.5 m
-
Building Height (maximum)
10 m
-
Lot Coverage (maximum)
20%
-
Dwellings per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. R2-1 (Part of Lot 14, Concession 8)
Notwithstanding the provisions of Section 5.2.1 to the contrary, on the lands zoned R2-
1, the following additional use shall be permitted:
-
row dwelling.
2. R2-2 (14 Reid Street)
Notwithstanding the provisions of Section 5.2.2 to the contrary, on the lands zoned R2-
2, the following provisions shall prevail:
-
Interior Side Yard (minimum - north lot line)
0.2 m
-
Lot Coverage (maximum)
25%
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 37
-
Density (maximum)
40 units per ha
For the purpose of this subsection, where off-street parking is required by Section 3.18,
tandem parking shall be permitted.
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
5.3
Limited Services Residential (RLS)
1. Permitted Uses
single dwelling
2. Zone Provisions
-
Lot Area (minimum)
-
Island lot
1.0 ha
-
All other lots
0.4 ha
-
Lot Frontage (minimum)
45 m
-
Yards (minimum)
-
Front
7.5 m
-
Exterior Side
7.5 m
-
Interior Side
-
Lots designated Settlement Area in Official Plan
3 m
-
All other lots
6 m
-
Rear
7.5 m
-
Building Height (maximum)
10 m
-
Lot Coverage (maximum)
-
Island lot
5%
-
All other lots
10%
-
Floor Space Index (maximum)
10%
-
Dwellings per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. RLS-1 (Part of Lot 21, Concession 8; Escott)
Notwithstanding the provisions of Section 5.3.1 and 5.3.2 to the contrary, a personal
storage building accessory to a residential use on another property, shall be an
additional permitted use, subject to the following provisions:
-
All Yards (min)
in accordance with the zone requirements for a
main building
-
Building Height (max)
5 m, and not greater than 1 storey
-
Floor Area (max)
140 m²
For the purpose of this subsection, storage building means a building used for the
storage of personal goods, equipment or vehicles, but does not include any storage or
warehouse facility operated for financial gain or on a commercial basis.
2. RLS-2 (Part of Lot 22 and 23, Concession 7; Escott)
Township of Athens
Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 39
Notwithstanding the provisions of Sections 5.3.2 and 3.28 to the contrary, on the lands
zoned RLS-2, the two existing single dwellings shall be permitted in accordance with
the following:
-
Number of Dwellings per Lot (maximum)
2
In addition, the following provisions shall apply in relation to the existing dwelling
known as 184 Fortune Lane:
-
Water Setback (minimum)
-
proposed addition
19 m
-
Interior Side Yard - west (minimum)
-
proposed addition
5.5 m
3. RLS-3 (Part of Lot 22 and 23, Concession 7; Escott)
Notwithstanding the provisions of Section 5.3.2 to the contrary, on the lands zoned
RLS-3, the maximum number of dwellings per lot shall be two (2). For the purpose of
this By-law, one of the dwelling units may be permitted on the second storey of the
existing detached garage.
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
5.4
Mobile Home Park Residential (RMH)
1. Permitted Uses
accessory dwelling
accessory dwelling unit
mobile home
mobile home park
mobile home park management office
recreational facilities accessory to a mobile home park
2. Zone Provisions
1. Mobile Home Park
-
Lot Area (minimum)
4 ha
-
Lot Frontage (minimum)
45 m
-
Yards (minimum)
-
Front
15 m
-
Exterior Side
10 m
-
Interior Side
10 m
-
Rear
15 m
-
Building Height (maximum)
10 m
-
Lot Coverage (maximum)
20%
-
Accessory Dwellings or Dwelling Units
per Lot, excluding mobile homes (maximum)
1
2. Mobile Home Site
-
Site Area (minimum)
700 m2
-
Site Frontage (minimum)
20 m
-
Site Yards (minimum)
-
Front
6.0 m
-
Exterior Side
6.0 m
-
Interior Side
3.0 m
-
Rear
6.0 m
-
Site Coverage (maximum)
30%
-
Mobile Homes per Site (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
(reserved)
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 41
SECTION 6 - COMMERCIAL ZONES
6.1
Core Commercial (CC) Zone
1. Permitted Uses
accessory dwelling unit
automobile service station
bank
clinic
commercial parking lot
community service
custom workshop
funeral home
hotel
instructional facility
motel
open market
personal service
place of assembly
professional or business office
recreational establishment
retail store
restaurant
service outlet
vehicle sales or rental establishment
veterinary clinic
2. Zone Provisions
-
Lot Area (minimum)
0.2 ha
-
Lot Frontage (minimum)
30 m
-
Yards (minimum)
-
Lots located between Elgin and Victoria/Henry
Streets with front lot line on Main Street
-
Front
0 m
-
Exterior Side
4.5 m
-
Interior Side
0 m
-
Rear
6 m
-
All Other Lots
-
Front
6 m
-
Exterior Side
6 m
-
Interior Side
3 m
-
Rear
6 m
-
Building Height (maximum)
10 m
-
Lot Coverage (maximum)
50%
-
Dwelling Units
per Lot (maximum)
2
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary, the minimum
front or exterior side yard for an automobile service station pump island or canopy
shall be 4.5 m.
4. Special Exception Zones
(reserved)
Township of Athens
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Page 43
6.2
General Commercial (CG) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
automobile service station
bank
building supply centre
clinic
commercial parking lot
community service
custom workshop
equipment rental outlet
funeral home
garden centre
hotel
instructional facility
motel
open market
personal service
place of assembly
professional or business office
recreational establishment
retail store
restaurant
service outlet
tradesperson's establishment
vehicle sales or rental establishment
veterinary clinic
2. Zone Provisions
-
Lot Area (minimum)
0.4 ha
-
Lot Frontage (minimum)
- Lots designated Settlement Area in Official Plan
40 m
- All other lots
45 m
-
Yards (minimum)
-
Front
7.5 m
-
Exterior Side
7.5 m
-
Interior Side
-
Lots designated Settlement Area in Official Plan
3 m
-
All other lots
6 m
-
Rear
10 m
-
Building Height (maximum)
10 m
-
Lot Coverage (maximum)
20%
-
Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary, the minimum
front or exterior side yard for an automobile service station pump island or canopy
shall be 4.5 m.
4. Special Exception Zones
1. CG-1 (Part of Lot 22, Concession 9)
Notwithstanding the provisions of Section 6.2.1 and 6.2.2 to the contrary, on the
lands zoned CG-1, permitted uses shall be restricted to open or enclosed storage for
boats, subject to the following provisions:
-
Lot Area (minimum)
3,600 m2
-
Lot Frontage (minimum)
12 m
-
Interior Side Yard for existing buildings (minimum)
-
West
0.32 m
-
East
6.6 m
2. CG-2 (Part of Lot 22, Concession 9)
Notwithstanding the provisions of Section 6.2.1 to the contrary, on the lands zoned
CG-2, the following additional use shall be permitted:
-
warehouse for boat storage.
Township of Athens
Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 45
6.3
Local Commercial (CL) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
antique shop
bank
bed and breakfast
clinic
community service
custom workshop
instructional facility
personal service
professional or business office
retail store
restaurant
single dwelling
2. Zone Provisions
-
Lot Area (minimum)
0.4 ha
-
Lot Frontage (minimum)
- Lots designated Settlement Area in Official Plan
40 m
- All other lots
45 m
-
Yards (minimum)
-
Front
6 m
-
Exterior Side
6 m
-
Interior Side
3 m
-
Rear
7.5 m
-
Commercial Floor Area (maximum)
250 m2
-
Building Height (maximum)
10 m
-
Lot Coverage (maximum)
20%
-
Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
(reserved)
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
6.4
Tourist Commercial (CT) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
antique shop
bed and breakfast
campground
community service
golf course
lodging establishment
marina
marine facility
park
restaurant
2. Zone Provisions
-
Lot Area (minimum)
-
Tourist Campground
2 ha
-
Other uses
0.4 ha
-
Lot Frontage (minimum)
- Lots designated Settlement Area in Official Plan
40 m
- All other lots
45 m
-
Yards (minimum)
-
Front
7.5 m
-
Exterior Side
7.5 m
-
Interior Side
-
Lots designated Settlement Area in Official Plan
3 m
-
All other lots
6 m
-
Rear
10 m
-
Building Height (maximum)
10 m
-
Tourist Campground Site (minimum)
230 m2
-
Lot Coverage (maximum)
20%
-
Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
1. CT-1 (Part of Lot 22, Concession 8)
Notwithstanding the provisions of Section 6.4.1 to the contrary, on the lands zoned
CT-1, a maximum of 10 existing campground sites, accessory docking facilities,
seasonal boat rental, bait sales and snack bar, and one accessory dwelling shall be
permitted.
Township of Athens
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Page 47
SECTION 7 - INDUSTRIAL ZONES
7.1
General Industrial (MG) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural products processing facility
automobile body shop
automobile service station
building supply centre
contractor's yard
custom workshop
equipment rental outlet
feed supply outlet
fuel storage facility
garden centre
heavy equipment sales or rental establishment
printing establishment
self-storage facility
service outlet
tradesperson's establishment
transportation depot
vehicle sales or rental establishment
veterinary clinic
warehouse
wholesale establishment
2. Zone Provisions
-
Lot Area (minimum)
0.4 ha
-
Lot Frontage (minimum)
45 m
-
Yards (minimum)
-
Front
7.5 m
-
Exterior Side
7.5 m
-
Interior Side
10 m
-
Rear
15 m
-
Building Height (maximum)
12 m
-
Lot Coverage (maximum)
20%
-
Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Automobile Service Station Pump Islands and Canopies
Notwithstanding any other provisions of this By-law to the contrary, the minimum
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
front or exterior side yard for an automobile service station pump island or canopy
shall be 4.5 m.
3. Increased Yard Requirements
Where an MG zone abuts a lot in a Residential zone, the interior side yard or rear yard,
as applicable, shall be increased by 7.5 m.
4. Special Exception Zones
(reserved)
Township of Athens
Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 49
7.2
Salvage Yard Industrial (MS) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
salvage yard
2. Zone Provisions
-
Lot Area (minimum)
2 ha
-
Lot Frontage (minimum)
60 m
-
Yards (minimum)
-
Front
15 m
-
Exterior Side
15 m
-
Interior Side
15 m
-
Rear
15 m
-
Building Height (maximum)
12 m
-
Lot Coverage (maximum)
20%
-
Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance for a Salvage Yard
-
From a residential use on another lot
or a Residential zone
300 m
-
From a non-residential use on another lot
100 m
-
From a watercourse or water body
300 m
4. Special Exception Zones
(reserved)
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
7.3
Disposal Industrial (MD) Zone
1. Permitted Uses
portable asphalt plant
waste disposal site
waste recycling facility
waste transfer facility
2. Zone Provisions
-
Lot Area (minimum)
2 ha
-
Lot Frontage (minimum)
60 m
-
Yards (minimum)
-
Front
30 m
-
Exterior Side
30 m
-
Interior Side
30 m
-
Rear
30 m
-
Building Height (maximum)
12 m
-
Lot Coverage (maximum)
20%
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance for a Waste Disposal Site
-
From a residential use on another lot
or a vacant lot in a Residential zone
500 m
-
From a non-residential use on another lot
200 m
-
From a watercourse or water body
500 m
4. Special Exception Zones
(reserved)
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Page 51
SECTION 8 - INSTITUTIONAL ZONES
8.1
Institutional (I) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
cemetery
community service
day nursery
instructional facility
park
place of assembly
place of worship
public use
school
recreational establishment
residential care home
2. Zone Provisions
-
Lot Area (minimum)
0.4 ha
-
Lot Frontage (minimum)
- Lots designated Settlement Area in Official Plan
40 m
- All other lots
45 m
-
Yards (minimum)
-
Front
7.5 m
-
Exterior Side
7.5 m
-
Interior Side
6 m
-
Rear
10 m
-
Building Height (maximum)
12 m
-
Lot Coverage (maximum)
20%
-
Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
(reserved)
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
SECTION 9 - OPEN SPACE ZONES
9.1
Open Space (OS) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use, excluding buildings
conservation use
golf course
marine facility
park
2. Zone Provisions
-
Yards (minimum)
15 m
-
Building Height (maximum)
12 m
-
Lot Coverage (maximum)
20%
-
Accessory Dwellings or Dwelling Units
per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
(reserved)
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Page 53
SECTION 10 - RURAL ZONES
10.1
Rural (RU) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use
agriculture-related use
bed and breakfast
conservation use
cemetery
hunting or fishing camp
kennel
on-farm diversified use
place of worship
single dwelling
2. Zone Provisions
-
Lot Area (minimum)
0.4 ha
-
Lot Frontage (minimum)
45 m
-
Yards (minimum)
-
Front
7.5 m
-
Exterior Side
7.5 m
-
Interior Side
6 m
-
Rear
7.5 m
-
Dwelling Height (maximum)
10 m
-
Lot Coverage (maximum)
20%
-
Dwellings or Accessory Dwellings or
Dwelling Units per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance for a New or Expanding Livestock Facility from a
Dwelling
Notwithstanding any other provisions of this By-law, new or expanding livestock
facilities shall comply with the Minimum Distance Separation II (MDS II), as issued
by the Ministry of Agriculture, Food and Rural Affairs.
3. Minimum Separation Distance for a Kennel
-
From a residential use on another lot, a vacant lot
in a Residential zone or any lands designated
Settlement Area in the Official Plan
300 m
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
4. Hunting or Fishing Camp Provisions
Notwithstanding any provisions of Section 10.1.2 to the contrary, the following
provisions shall apply to a hunting or fishing camp:
-
A hunting or fishing camp shall not be permitted on a lot upon which a
dwelling is located;
-
The maximum floor area of a hunting or fishing camp shall be 60 m2;
-
All yards shall be a minimum of 100 m.
5. Mobile Home Alternative to a Dwelling
Notwithstanding any provisions of this By-law to the contrary, in the RU zone a
maximum of one mobile home having a minimum floor area of 60m2 shall be permitted
as an alternative to any dwelling permitted by Section 10.1.1.
4. Special Exception Zones
1. RU-1 (Part of Lot 15, Concession 8)
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the lands zoned
RU-1, the following additional use shall be permitted:
-
automobile repair shop
2. RU-2 (Part of Lot 24, Concession 7)
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the lands zoned
RU-2, the following additional use shall be permitted:
-
antique shop
3. RU-3 (Part of Lot 6, Concession 7)
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the lands zoned
RU-3, the following additional uses shall be permitted:
-
manufacturing, packaging and storage of log home materials
-
office space and retail of cedar logs and log home materials
4. RU-4 (Part of Lot 15, Concession 8)
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the lands zoned
RU-4, the following additional use shall be permitted:
-
vehicle sales
-
seasonal mobile canteen/chip wagon
5. RU-5 (Part of Lot 1, Concession 6)
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the lands zoned
RU-5, the following additional use shall be permitted:
Township of Athens
Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 55
-
semi-detached dwelling
6. RU-6 (Part of Lot 12, Concession 9)
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the lands zoned
RU-6, the following additional use shall be permitted:
-
semi-detached dwelling
7. RU-7 (Part of Lot 2, Concession 8)
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the lands zoned
RU-7, the following additional use shall be permitted:
-
converted dwelling, containing a maximum of 2 units
8. RU-8 (Part of Lot 22, Concession 7)
Notwithstanding the provisions of Section 10.1.1 and 10.1.2 to the contrary, on the
lands zoned RU-8, a storage building shall be an additional permitted use, subject to
the following provisions:
-
Yard Requirements (minimum)
-
All yards
10 m
-
Number of storage buildings per lot (maximum)
1
-
Floor Area (maximum)
120 m2
9. RU-9 (Part of Lot 26, Concession 7)
Notwithstanding the provisions of Section 10.1.1 and 10.1.2 to the contrary, a storage
building shall be an additional permitted use, subject to the following provisions:
-
Yard Requirements (minimum)
-
All yards
10 m
-
Number of storage buildings per lot (maximum)
1
-
Floor Area (maximum)
190 m2
For the purpose of this subsection, storage building means a building used for the
storage of personal goods, equipment or vehicles, but does not include any storage or
warehouse facility operated for financial gain or on a commercial basis.
10. RU-10 (Part of Lots 12, 13 & 14, Concession 6)
Notwithstanding the provisions of Section 10.1.1 and 10.1.2 to the contrary, on lands
zoned RU-10, the following additional use shall be permitted:
-
converted dwelling, containing a maximum of 2 units
11. RU-11 (Part of Lots A & 1, Concession 11; Yonge)
Notwithstanding the provisions of Section 10.1.1 to the contrary, a storage building
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
shall be an additional permitted use, subject to the following additional provisions:
-
Number of storage buildings per lot (maximum)
1
-
Floor Area (maximum)
161 m²
For the purpose of this subsection, storage building means a building used for the
storage of personal goods, equipment or vehicles, but does not include any storage or
warehouse facility operated for financial gain or on a commercial basis.
12. RU-12 (Part of Lot 24, Concession 8; Escott)
Notwithstanding the provisions of Section 10.1.1 to the contrary, on the lands zoned
RU-12, the maximum number of single dwellings per lot shall be two (2). For the
purpose of this By-law, one of the dwelling units may be permitted within the second
storey of the existing detached garage.
On the lands zoned RU-12, the provisions of Section 3.4 (Frontage on an Improved
Street) shall not apply.
13. RU-13 (Part of Lot 7, Concession 6; Yonge)
Notwithstanding the provisions of Sections 10.1.1 and 10.1.2 to the contrary, on the
lands zoned RU-13, a storage building shall be an additional permitted use, subject to
the following provisions:
- Floor Area (maximum)
65 m²
- Front Yard Setback (minimum)
90 m
For the purpose of this subsection, storage building means a building or shipping
container used for the storage of personal goods, equipment or vehicles, but does not
include any storage or warehouse facility operated for financial gain or on a
commercial basis.
14. RU-14 (Part of Lot 25, Concession 7; Yonge)
Notwithstanding the provisions of Section 10.1.1 to the contrary, a storage building
shall be an additional permitted use, subject to the following additional provisions:
- Number of storage buildings per lot (maximum)
1
- Floor Area (maximum)
510 m²
For the purpose of this subsection, storage building means a building used for the
storage of personal goods, equipment or vehicles, but does not include any storage or
warehouse facility operated for financial gain or on a commercial basis.
15. RU-15 (Part of Lots 21 & 22, Concession 9; Escott)
Notwithstanding the provisions of Sections 10.1.1 and 10.1.2 to the contrary, on the
lands zoned RU-15, a storage building(s) shall be an additional permitted use, subject
to the following provisions:
- Floor Area (maximum)
320 m²
- Number of Storage Buildings Per Lot (maximum)
2
Township of Athens
Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 57
- Building Height (maximum)
7 m
For the purpose of this subsection, storage building means a building used for the
storage of personal goods, equipment or vehicles, but does not include any storage or
warehouse facility operated for financial gain or on a commercial basis.
16. RU-16 (Various Settlement Area Lands)
Notwithstanding any provisions of this By-law to the contrary, on the lands zoned RU-
16, the following uses shall not be permitted:
- Any new agriculture buildings or structures or expansions thereto including
livestock barns or facilities
- Any new manure storage areas or expansions thereto
- Wayside pit
- Wayside quarry
- Portable asphalt plant
- Portable concrete plant
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
SECTION 11 - AGRICULTURE ZONES
11.1
Agriculture (A) Zone
1. Permitted Uses
accessory dwelling
accessory dwelling unit
agricultural use
agriculture-related use
bed and breakfast
conservation use
hunting or fishing camp
on-farm diversified use
single dwelling
2. Zone Provisions
-
Lot Area (minimum)
40 ha
-
Lot Frontage (minimum)
60 m
-
Yards (minimum)
-
Front
7.5 m
-
Exterior Side
7.5 m
-
Interior Side
6 m
-
Rear
7.5 m
-
Dwelling Height (maximum)
10 m
-
Lot Coverage (maximum)
20%
-
Dwellings per Lot (maximum)
1
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Requirements for Residential Lots Created by Consent
Notwithstanding the zone provisions of Section 11.1.2 to the contrary, where an
existing dwelling is deemed surplus to an agricultural use and is severed for residential
purposes, such severed lot may be used for a single dwelling in accordance with the
zone provisions of Section 5.1.2 and, further, the retained lot shall not require relief
from the minimum lot area provision of Section 11.1.2 in the event that the effect of
the severance has been to render it non-complying.
3. Hunting or Fishing Camp Provisions
Notwithstanding any provisions of Section 11.1.2 to the contrary, the following
provisions shall apply to a hunting or fishing camp:
-
A hunting or fishing camp shall not be permitted on a lot upon which a
dwelling is located;
-
The maximum floor area of a hunting or fishing camp shall be 60 m2;
Township of Athens
Zoning By-law No. 2013-10 - July 2024 Office Consolidation
Page 59
-
All yards shall be a minimum of 100 m.
4. Minimum Separation Distance for a New or Expanding Livestock Facility from a
Dwelling
Notwithstanding any other provisions of the By-law, new or expanding livestock
facilities shall comply with the Minimum Distance Separation II (MDS II), as issued
by the Ministry of Agriculture and Food.
5. Mobile Home Alternative to a Dwelling
Notwithstanding any provisions of this By-law to the contrary, in the A zone a
maximum of one mobile home having a minimum floor area of 60m2 shall be permitted
as an alternative to any dwelling permitted by Section 11.1.1.
6. Secondary Farm Dwelling
Notwithstanding the provisions of this By-law to the contrary, in the A zone, a
maximum of one secondary farm dwelling, as defined, shall be permitted subject to the
provisions of Section 11.1.2.
4. Special Exception Zones
1. A-1 (Part of Lot 9, Concession 9)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on the lands zoned
A-1, the following additional uses shall be permitted:
-
any use permitted in the I Zone
-
public use
2. A-2 (Part of Lot 4, Concession 8)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on the lands zoned
A-2, the following additional uses shall be permitted:
-
any use permitted in the MG Zone
-
slaughterhouse and retail meat sales
3. A-3 (Part of Lot 4, Concession 9)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on the lands zoned
A-3, the following additional uses shall be permitted:
-
any use permitted in the MG Zone
4. A-4 (Part of Lot 8, Concession 8)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on the lands zoned
A-4, the following additional uses shall be permitted:
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
-
any use permitted in the MG Zone
5. A-5 (Part of Lot 9, Concession 8)
Notwithstanding the provisions of Section 11.1.1 to the contrary, on the lands zoned
A-5, the following additional uses shall be permitted:
-
any use permitted in the MG Zone
6. A-6 (Part of Lot 1, Concession 9; Yonge)
Notwithstanding the provisions of Section 11.1.1 and 11.1.2 to the contrary, on the
lands zoned A-6, one additional dwelling unit shall be permitted within a single
dwelling or as an additional thereto. The additional dwelling unit shall be subject to
the provisions of Section 11.1.2 regarding yards, building height and lot coverage and
shall be connected the same sewage disposal system and water supply as the existing
dwelling.
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SECTION 12 - MINERAL RESOURCE ZONES
12.1
Mineral Aggregate Extraction (EX) Zone
1. Permitted Uses
aggregate processing operation
agricultural use, excluding buildings
asphalt plant
concrete plant
conservation use, excluding buildings
pit
quarry
2. Zone Provisions
-
Yards (minimum)
-
Front
30 m
-
Exterior Side
15 m
-
Interior Side
15 m
-
Rear
15 m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Minimum Separation Distance From a Dwelling on Another Lot
-
Any pit or a concrete plant
300 m
-
Quarry or asphalt plant
500 m
4. Special Exception Zones
(reserved)
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
12.2
Mineral Aggregate Reserve (EXR) Zone
1. Permitted Uses
agricultural use, excluding buildings
conservation use, excluding buildings
existing uses
2. Zone Provisions
-
Yards (minimum)
-
Front
30 m
-
Exterior Side
15 m
-
Interior Side
15 m
-
Rear
15 m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
4. Special Exception Zones
(reserved)
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SECTION 13 - NATURAL HERITAGE ZONES
13.1
Environmental Protection - PSW (EP-PSW) Zone
1. Permitted Uses
existing agricultural use
conservation use, excluding buildings
2. Zone Provisions
All Yards (minimum)
15 m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Special Provisions
No site alteration shall occur and no building or structure shall be erected, altered or
used.
4. Special Exception Zones
(reserved)
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
13.2
Environmental Protection - ANSI (EP-ANSI) Zone
1. Permitted Uses
existing use
conservation use
public park
2. Zone Provisions
All Yards (minimum)
15 m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Special Provisions
No site alteration shall occur and no building or structure shall be erected, altered or
used except in accordance with the recommendations of an Environmental Impact
Study undertaken to the satisfaction of the Township and which demonstrates no
negative impacts on natural features or their ecological functions.
4. Special Exception Zones
(reserved)
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Page 65
13.3
Environmental Protection - LSW (EP-LSW) Zone
1. Permitted Uses
existing use
conservation use
public park
2. Zone Provisions
All Yards (minimum)
15 m
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Special Provisions
No site alteration shall occur and no building or structure shall be erected, altered or
used except in accordance with the recommendations of an Environmental Impact
Study undertaken to the satisfaction of the Township and which demonstrates no
negative impacts on natural features or their ecological functions.
4. Special Exception Zones
(reserved)
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Zoning By-law No. 2013-10 - July 2024 Office Consolidation
SECTION 14 - NATURAL HAZARD ZONES
14.1
Flood Plain (FP) Zone
1. Permitted Uses
agricultural use
conservation use
golf course
marine facility
park
2. Zone Provisions
No site alteration shall occur and no building or structure shall be erected, altered or used
except with the written approval of the relevant Conservation Authority pursuant to its
Section 28 Regulation.
3. Additional Provisions
1. General Provisions
In accordance with Section 3 hereof.
2. Special Provisions
In the case of lots abutting lakes with engineered 1:100 year flood elevations, the limit
of the FP zone shall be as follows:
-
Charleston Lake
86.5 m (GSC) elevation
-
Centre Lake
108.0 m (GSC) elevation
-
Graham Lake
107.5 m (GSC) elevation
-
Temperance Lake
114.6 m (GSC) elevation
4. Special Exception Zones
1. FP-1 (Part of Lot 21, Concession 9; Escott)
Notwithstanding the provisions of Section 14.1.1 and 3.28 to the contrary, on the lands
zoned FP-1, a single dwelling shall be an additional permitted use in accordance with
the following provisions:
-
Water Setback (minimum)
-
Dwelling
10 m
-
Septic System
15 m
In addition, the lowest finished floor elevation and all exterior openings shall be
above 86.8 m GSC.
Township of Athens
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Page 67
SECTION 15 - APPROVAL
This By-law shall become effective on the date of approval hereof.
This By-law given its first reading on September 3, 2013.
This By-law given its second reading on September 3, 2013.
This By-law given its third and final reading and passed under the Corporate Seal
on September 3, 2013.
CORPORATE SEAL OF TOWNSHIP
________________________
Herb Scott
Mayor
________________________
Darlene Noonan
Clerk
Metric Conversion Chart
Imperial
Units
Multiplied By Equals
Metric Units
Metric Units
Multiplied
By
Equals
Imperial Units
L E N G T H
Inches
2.54
Centimetres
Centimetres
0.3937
Inches
Feet
0.3048
Metres
Metres
3.2808
Feet
A R E A
Square feet
0.0929
Square metres
Square metres
10.764
Square feet
Acres
0.4047
Hectares
Hectares
2.471
Acres
Sample Conversions
AREA
LENGTH
Metric
Imperial
Metric
Imperial
10 m2
107.6 sq ft
1 m
3.28 ft
12 m2
129.2 sq ft
2.75 m
9.02 ft.
14 m2
150.6 sq ft
3 m
9.84 ft
20 m2
215.3 sq ft
4.5 m
14.76 ft
25 m2
269.1 sq ft
6 m
19.69 ft
40 m2
430.6 sq ft
7.5 m
24.61 ft
70 m2
753.5 sq ft
9 m
29.53 ft
75 m2
807.3 sq ft
10 m
32.81 ft
200 m2
2,152.8 sq ft
15 m
49.21 ft
230 m2
2,475.7 sq ft
20 m
65.62 ft
700 m2
7,534.7 sq ft
30 m
98.43 ft
4050 m2
43,593.8 sq ft
45 m
147.64 ft
1 ha
2.47 acres
60 m
196.85 ft
2 ha
4.94 acres
120 m
393.7 ft
40 ha
98.84 acres
150 m
492.1 ft
300 m
984.3 ft
500 m
1,640.4 ft
The foregoing metric conversion chart and sample conversions provide approximate conversions for the
convenience of the reader and do not form part of the Zoning By-law.