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The Corporation of the Town of Aylmer
ZONING BY-LAW NO. 57-99
AS AMENDED
Adopted November 8, 1999
Consolidated July 4, 2025
Town of Aylmer
ZONING BY-LAW NO. 57-99
AS AMENDED
Qualifying statement regarding this document
This office consolidation includes all amendments adopted by Council prior to July
4, 2025. This document is prepared for administrative purposes only and contains
minor grammatical corrections and numbering adjustments. For certain special
provision (or 'site-specific') zones, notations shown in italics are for explanatory
and clarification purposes and do not form part of the By-law.
For accurate and legal reference, it is essential that the reader review the original
"as-adopted" version of Zoning By-law No. 57-99, original "as-adopted" copies of
by-law amendments, and minor variance decisions as may be applicable. These
documents are available from the Town of Aylmer municipal office.
Contents
PREAMBLE .................................................................................................................................................. 1
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT ................................................................... 2
1)
TITLE OF BY-LAW .................................................................................................................... 2
2)
SCOPE OF BY-LAW .................................................................................................................. 2
3)
ADMINISTRATION .................................................................................................................. 3
4)
INSPECTION ........................................................................................................................... 3
5)
APPLICATION FOR BUILDING PERMITS .................................................................................... 3
6)
ISSUANCE OF BUILDING PERMITS ........................................................................................... 4
7)
REQUESTS FOR AMENDMENTS ............................................................................................... 4
8)
RISK, EXPENSE AND COMPLIANCE ........................................................................................... 4
9)
INTERPRETATION OF BY-LAW ................................................................................................. 4
10)
SCHEDULES TO BY-LAW .......................................................................................................... 5
11)
VIOLATIONS AND PENALTIES .................................................................................................. 6
12)
REMEDIES .............................................................................................................................. 6
13)
VALIDITY ............................................................................................................................... 7
14)
REPEAL OF EXISTING BY-LAWS ................................................................................................ 7
15)
MEASUREMENTS ................................................................................................................... 7
16)
NON-CONFORMING BUILDING LOCATION ............................................................................... 8
SECTION 2
DEFINITIONS ..................................................................................................................................... 9
SECTION 3
GENERAL PROVISIONS .................................................................................................................... 59
1)
ACCESSORY USES ................................................................................................................. 59
2)
ACCESS REGULATIONS ......................................................................................................... 60
3)
ADDITIONAL RESIDENTIAL UNITS .......................................................................................... 60
4)
BUILDING ADDITIONS........................................................................................................... 61
5)
DWELLING UNITS ................................................................................................................. 61
6)
GRADING ............................................................................................................................. 62
7)
GROUP HOMES .................................................................................................................... 62
8)
HEIGHT RESTRICTIONS ......................................................................................................... 63
9)
HOME OCCUPATION - RESIDENTIAL ..................................................................................... 63
10)
LANDSCAPING ..................................................................................................................... 64
11)
LIGHTING............................................................................................................................. 65
12)
LOADING SPACE REGULATIONS ............................................................................................ 66
13)
LOTS WITH MORE THAN ONE USE OR ZONE .......................................................................... 68
14)
MUNICIPAL SERVICES REQUIRED .......................................................................................... 68
15)
NON-CONFORMING USES AND LOTS ..................................................................................... 68
16)
OPEN STORAGE ................................................................................................................... 69
17)
OUTDOOR PATIO ASSOCIATED WITH A RESTAURANT ............................................................ 70
18)
PARKING REGULATIONS ....................................................................................................... 71
19)
REDUCTION OF LOT AREA ..................................................................................................... 84
20)
SETBACK/FRONT YARD EXEMPTION IN BUILT-UP AREAS ........................................................ 84
21)
SIGHT TRIANGLES ................................................................................................................ 85
22)
SWIMMING POOLS .............................................................................................................. 87
23)
USES PERMITTED IN ALL ZONES ............................................................................................ 88
24)
USES RESTRICTED IN ALL ZONES ............................................................................................ 89
25)
YARD ENCROACHMENTS AND OBSTRUCTIONS PERMITTED ................................................... 91
26)
YARD REQUIREMENTS, EXTERIOR SIDE YARD CONDITION ...................................................... 92
27)
YARD REQUIREMENT SATELLITE DISHES ................................................................................ 92
28)
SHIPPING CONTAINERS ........................................................................................................ 92
29)
MOBILE FOOD TRUCK/CART...................................................................................................................93
SECTION 4
ZONES AND ZONE SYMBOLS........................................................................................................... 94
1)
DIVISION INTO ZONES .......................................................................................................... 94
2)
ZONE CLASSIFICATION ......................................................................................................... 94
3)
ZONE SYMBOLS AND DESIGNATIONS .................................................................................... 95
4)
ZONE PROVISIONS ............................................................................................................... 95
5)
SPECIAL ZONES .................................................................................................................... 96
6)
HOLDING "h" ZONES ............................................................................................................ 96
7)
COMPOUND ZONES AND MULTIPLE ZONES ........................................................................... 98
8)
BONUS PROVISION .............................................................................................................. 99
SECTION 5
RESIDENTIAL TYPE 1 (R1) ZONE .................................................................................................... 101
1)
SCOPE ............................................................................................................................... 101
2)
USES PERMITTED ............................................................................................................... 101
3)
ZONE REQUIREMENTS ....................................................................................................... 101
4)
SPECIAL PROVISIONS ......................................................................................................... 102
SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE ................................................................................................ 104
1)
SCOPE ............................................................................................................................... 104
2)
USES PERMITTED ............................................................................................................... 104
3)
ZONE REQUIREMENTS ....................................................................................................... 104
4)
SPECIAL PROVISIONS ......................................................................................................... 105
SECTION 7
RESIDENTIAL TYPE 1B (R1B) ZONE ................................................................................................ 106
1)
SCOPE ............................................................................................................................... 106
2)
USES PERMITTED ............................................................................................................... 106
3)
ZONE REQUIREMENTS ....................................................................................................... 106
4)
SPECIAL PROVISIONS ......................................................................................................... 107
SECTION 8
RESIDENTIAL TYPE 1C (R1C) ZONE ................................................................................................ 108
1)
SCOPE ............................................................................................................................... 108
2)
USES PERMITTED ............................................................................................................... 108
3)
ZONE REQUIREMENTS ....................................................................................................... 108
4)
SPECIAL PROVISIONS ......................................................................................................... 109
SECTION 9
RESIDENTIAL TYPE 2 (R2) ZONE .................................................................................................... 110
1)
SCOPE ............................................................................................................................... 110
2)
USES PERMITTED ............................................................................................................... 110
3)
ZONE REQUIREMENTS ....................................................................................................... 110
4)
SPECIAL PROVISIONS ......................................................................................................... 111
SECTION 10 RESIDENTIAL TYPE 3 (R3) ZONE ...................................................................................................... 117
1)
SCOPE ............................................................................................................................... 117
2)
USES PERMITTED ............................................................................................................... 117
3)
ZONE REQUIREMENTS ....................................................................................................... 117
4)
SPECIAL PROVISIONS ......................................................................................................... 118
SECTION 11
MULTIPLE FIRST DENSITY (RM1) ZONE ......................................................................................... 123
1)
SCOPE ............................................................................................................................... 123
2)
USES PERMITTED ............................................................................................................... 123
3)
ZONE REQUIREMENTS ....................................................................................................... 123
4)
SPECIAL PROVISIONS ......................................................................................................... 124
SECTION 12 RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE ................................................................. 126
1)
SCOPE ............................................................................................................................... 126
2)
USES PERMITTED ............................................................................................................... 126
3)
ZONE REQUIREMENTS ....................................................................................................... 126
4)
SPECIAL PROVISIONS ......................................................................................................... 127
SECTION 13 RESIDENTIAL HOLDING (RH) ZONE ................................................................................................. 131
1)
SCOPE ............................................................................................................................... 131
2)
USES PERMITTED ............................................................................................................... 131
3)
ZONE REQUIREMENTS ....................................................................................................... 131
4)
SPECIAL PROVISIONS ......................................................................................................... 132
SECTION 14 COMMERCIAL CORE (C1) ZONE ...................................................................................................... 133
1)
SCOPE ............................................................................................................................... 133
2)
USES PERMITTED ............................................................................................................... 133
3)
ZONE REQUIREMENTS ....................................................................................................... 134
4)
SPECIAL PROVISIONS ......................................................................................................... 135
SECTION 15 SUPPORT COMMERCIAL (C2) ZONE ................................................................................................ 137
1)
SCOPE ............................................................................................................................... 137
2)
USES PERMITTED ............................................................................................................... 137
3)
ZONE REQUIREMENTS ....................................................................................................... 138
4)
SPECIAL PROVISIONS ......................................................................................................... 139
SECTION 16 HIGHWAY COMMERCIAL (C3) ZONE ............................................................................................... 142
1)
SCOPE ............................................................................................................................... 142
2)
USES PERMITTED ............................................................................................................... 142
3)
ZONE REQUIREMENTS ....................................................................................................... 143
4)
SPECIAL PROVISIONS ......................................................................................................... 144
SECTION 17 NEIGHBOURHOOD COMMERCIAL (C4) ZONE ................................................................................. 146
1)
SCOPE ............................................................................................................................... 146
2)
USES PERMITTED ............................................................................................................... 146
3)
ZONE REQUIREMENTS ....................................................................................................... 146
4)
SPECIAL PROVISIONS ......................................................................................................... 147
SECTION 18 BUSINESS PARK COMMERCIAL (C5) ZONE ...................................................................................... 142
1)
SCOPE ............................................................................................................................... 142
2)
USES PERMITTED ............................................................................................................... 142
3)
ZONE REQUIREMENTS ....................................................................................................... 143
4)
SPECIAL PROVISIONS ......................................................................................................... 144
SECTION 19 RESIDENTIAL OFFICE (RO) ZONE ..................................................................................................... 146
1)
SCOPE ............................................................................................................................... 146
2)
USES PERMITTED ............................................................................................................... 146
3)
ZONE REQUIREMENTS ....................................................................................................... 146
4)
SPECIAL PROVISIONS ......................................................................................................... 148
SECTION 20 LIGHT INDUSTRIAL (M1) ZONE........................................................................................................ 150
1)
SCOPE ............................................................................................................................... 150
2)
USES PERMITTED ............................................................................................................... 150
3)
ZONE REQUIREMENTS ....................................................................................................... 151
4)
SPECIAL PROVISIONS ......................................................................................................... 152
SECTION 21 HEAVY INDUSTRIAL (M2) ZONE ...................................................................................................... 153
1)
SCOPE ............................................................................................................................... 153
2)
USES PERMITTED ............................................................................................................... 153
3)
ZONE REQUIREMENTS ....................................................................................................... 154
4)
SPECIAL PROVISIONS ......................................................................................................... 155
SECTION 22 INSTITUTIONAL (I) ZONE ................................................................................................................. 157
1)
SCOPE ............................................................................................................................... 157
2)
USES PERMITTED ............................................................................................................... 157
3)
ZONE REQUIREMENTS ....................................................................................................... 157
4)
SPECIAL PROVISIONS ......................................................................................................... 158
SECTION 23 PARKS AND OPEN SPACE (POS) ZONE ............................................................................................ 159
1)
SCOPE ............................................................................................................................... 159
2)
USES PERMITTED ............................................................................................................... 159
3)
ZONE REQUIREMENTS ....................................................................................................... 159
4)
SPECIAL PROVISIONS ......................................................................................................... 159
SECTION 24 ENVIRONMENTAL PROTECTION (EP) ZONE ................................................................................... 160
1)
SCOPE ............................................................................................................................... 160
2)
USES PERMITTED ............................................................................................................... 160
3)
ZONE REQUIREMENTS ....................................................................................................... 160
4)
SPECIAL PROVISIONS ......................................................................................................... 160
SECTION 25 APPROVAL ...................................................................................................................................... 163
SCHEDULE "A" ..................................................................................................................................................... 164
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
1
THE CORPORATION OF THE TOWN OF AYLMER
BY-LAW NO. 57-99
Being a By-Law to regulate the use of lands and the character, location and use of buildings and struc-
tures within the Town of Aylmer, pursuant to Section 34 of the Planning Act.
PREAMBLE
WHEREAS Section 34 of the Planning Act provides that the governing body of a municipal corporation
may pass by-laws to regulate the use of lands and the character, location and use of buildings and
structures;
AND WHEREAS the Council of the Corporation of the Town of Aylmer has deemed it to be in the public
interest that such a by-law be enacted;
AND WHEREAS the provisions of this By-Law conform with the Town's Official Plan;
NOW THEREFORE the Council of the Corporation of the Town of Aylmer ENACTS as follows:
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
2
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
1) TITLE OF BY-LAW
This By-Law may be cited as "The Zoning By-Law".
2) SCOPE OF BY-LAW
(a)
LANDS SUBJECT TO BY-LAW
The provisions of this By-Law shall apply to all those lands lying within the corporate
limits of the Town of Aylmer.
(b)
CONFORMITY WITH BY-LAW
No lands shall be used and no building or structure shall be erected, altered or used
within the Corporation except in conformity with the provisions of this By-Law and
except as permitted by this By-Law.
(c)
EXISTING USE CONTINUED
Nothing in this By-Law shall apply to prevent the use of any existing lot, building or
structure for any purpose prohibited by this By-Law if such lot, building or structure was
lawfully used for such use prior to the passing of this By-Law, so long as it continued to
be used for that purpose.
For the purposes of this By-Law, lawfully used will be restricted for purposes of proof to
existing as of January 1, 1999.
(d)
PLANS APPROVED PRIOR TO BY-LAW
Nothing in this By-Law shall prevent the erection or use of any building or structure for a
purpose prohibited by the provisions of this By-Law, if the plans for such building or
structure were approved by the Corporation and either a building permit was issued or a
Site Plan Agreement entered into prior to the date of passing of this By-Law, so long as:
(i)
when such building or structure is erected, it shall be used and shall continue to
be used only for the same purpose for which the said building or structure was
intended when such building permit was issued or such Site Plan Agreement was
entered into and shall not be altered in any way except in conformity with the
provisions of this By-Law; and
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
3
(ii)
the erection of such building or structure is commenced within two years after the
date of passing of this By-Law and such building or structure is completed within a
reasonable time after the erection thereof is commenced.
(e)
COMPLIANCE WITH OTHER RESTRICTIONS
This By-Law shall not be construed so as to reduce or mitigate any restrictions or regula-
tions lawfully imposed by the Corporation or by any governmental authority having
jurisdiction to make such restrictions or regulations.
3) ADMINISTRATION
This By-Law shall be administered by a person designated from time to time by Council as the
Chief Building Official or such other person as the Council of the Town of Aylmer designates.
4) INSPECTION
(a)
Subject to Clause (b) of this Subsection, 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.
(b)
Notwithstanding anything to the contrary in Clause (a) of this Subsection, no officer or
employee of the Corporation shall enter any room or place actually being used as a
dwelling unit or part thereof without the consent of the occupier, except under the
authority of a search warrant issued under the Provincial Offences Act, or any successors
thereto.
5) APPLICATION FOR BUILDING PERMITS
In addition to all of the requirements of the Building Code or any other by-law of the
Corporation, no building permit shall be issued in respect of the erection or alteration of a
building or structure until the following have been submitted to and approved by the Chief
Building Official.
(a)
two copies of a Site Plan, one copy of which shall be retained by the Chief Building Offi-
cial, drawn to scale and showing,
(i)
the true dimensions of the lot to be built upon or otherwise used;
(ii)
the location of all existing buildings, structures or uses on the lot;
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
4
(iii)
the proposed location, grade, height, and dimensions of any building, structure or
use proposed for such lot; and
(iv)
the proposed location and dimensions of yards, landscaped open spaces, parking
areas, and loading spaces.
(b)
a statement, signed by the owner, disclosing the specific existing or proposed building or
structure and containing all information necessary to determine if such existing or
proposed building, structure or use conforms to the requirements of this By-Law; and
(c)
two copies of a plan showing the ground level and contour lines on the lot as of the date
of the application and as same will be upon completion of the proposed erection or
alterations and when the re-distribution of all topsoil has been completed.
6) ISSUANCE OF BUILDING PERMITS
Notwithstanding the provisions of the Building By-Law or any other by-law of the Corporation to
the contrary, no building permit shall be issued where a proposed building, structure or
alteration to an existing building or structure would contravene in any way one or more of the
provisions hereof.
7) REQUESTS FOR AMENDMENTS
Every request for an amendment to this By-Law shall be accompanied by a completed copy of
the appropriate application form provided by the Corporation.
8) RISK, EXPENSE AND COMPLIANCE
The facilities, yards or other matters required by this By-Law shall be provided and maintained
at the sole risk and expense of the owner of the lands in respect of which such matters are
required hereby, and the said owner shall at all times bear full responsibility for ensuring
compliance in all respects with this By-Law.
9) INTERPRETATION OF BY-LAW
(a)
DEFINITIONS
In this By-Law, unless the context requires otherwise, the definitions and interpretations
set out in Section 2 hereof shall apply
(b)
SINGULAR AND PLURAL WORDS AND GENDERS
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
5
In this By-Law, unless the context requires otherwise:
(i)
words used in the singular include the plural;
(ii)
words used in the plural include the singular; and
(iii)
words used in the masculine gender include the feminine and neuter.
(c)
"SHALL" IS MANDATORY
In this By-Law, the word "shall" is mandatory.
(d)
"USE" AND "OCCUPY"
In this By-Law, unless the context requires otherwise:
(i)
the verb "use" shall include "design to be used", "arrange to be used", "intend to
be used", and "permit to be used"; and
(ii)
the verb "occupy" shall include "design to be occupied", "arrange to be occupied",
"intend to be occupied", and "permit to be occupied".
10) SCHEDULES TO BY-LAW
(a)
PART OF BY-LAW
Schedule "A" which is attached hereto and described in this Subsection, is hereby made
a part of this By-Law as fully and to all intent and purposes as though recited in full
herein.
(b)
SCHEDULE "A" - ZONE MAPS
The extent and boundaries of all zones and restricted areas are set out on the maps
comprising Schedule "A" hereto and shall be interpreted in accordance with the
following:
(i)
Boundaries of zones and restricted areas shall be construed wherever possible, to
be concurrent with lot lines, property boundaries, centreline of street, street lines,
high water marks, top of bank or other Conservation Authority regulation lines,
boundaries of right-of-ways for railways, hydro-electric transmission corridors or
pipelines, or boundaries of registered plans.
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
6
(ii)
In the event that a street or lane which forms the boundary between two or more
different zones is closed, the boundary between such zones shall be construed as
the former centreline of the said closed street or lane.
(iii)
Where uncertainty exists as to the location of a zone boundary on Schedule "A"
hereto or on a Schedule to any amendment to this By-Law, reference shall be
made to the original scales as contained in the Municipal Offices and shall be
deemed to be the centre point of the line on such Schedule which denotes the
said zone boundary.
11) VIOLATIONS AND PENALTIES
(a)
Every person, other than a corporation, who knowingly contravenes this By-Law is guilty
of an offence an on conviction is liable:
(i)
on a first conviction, to a fine of not more than $25,000; and
(ii)
on a subsequent conviction, to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
the person was first convicted.
(b)
Every corporation, including every director or officer of the corporation, other than the
Corporation of the Town of Aylmer, who knowingly contravenes this By-Law is guilty of
an offence and on conviction is liable:
(i)
On a first conviction, to a fine of not more than $50,000; and
(ii)
On a subsequent conviction, to a fine of not more than $25,000 for each day or
part thereof upon which the contravention has continued after the day on which
the corporation was first convicted.
12) REMEDIES
(a)
Where any building or structure is erected, altered, reconstructed, extended or
enlarged, or any building or structure or part thereof is used, or any lot is used, in
contravention of any requirements or other provisions of this By-Law, such
contravention may be restrained by action at the instance of any ratepayer or of the
Corporation pursuant to the relevant provisions of the Planning Act, 1990, or the
Municipal Act, S.O., 2001, in that behalf.
(b)
Where a person guilty of a violation against this By-Law has been directed to remedy
such violation and is in default of doing any work thus required, then such work may be
done at his expense by the Corporation, at its sole discretion, and the Corporation shall
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
7
have the unlimited right to recover any expenses thus incurred by action or in like
manner as municipal taxes, and such expenses shall be in addition to and not in
derogation of any remedy by way of mandamus, injunction or otherwise.
13) VALIDITY
If any section, clause or provision of this By-Law, including anything contained in the Schedules
attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of the By-Law as a whole or any part thereof, other than
the section, clause or provision so declared to be invalid, and it is hereby declared to be the
intention that all the remaining sections, clauses or provisions of this By-Law shall remain in full
force and effect until repealed, notwithstanding that one or more provisions thereof shall have
been declared to be invalid.
14) REPEAL OF EXISTING BY-LAWS
(a)
TOWN OF AYLMER
All previous by-laws of the former Corporation of the Town of Aylmer passed pursuant
to Section 34 of the Planning Act, are hereby repealed.
(b)
FORMER TOWNSHIP OF MALAHIDE
All previous by-laws passed by the former Corporation of the Township of Malahide
pursuant to Section 34 of the Planning Act, as they apply to the lands formerly of the
Corporation of the Township of Malahide are hereby repealed.
15) MEASUREMENTS
All measurements of length or area used in this By-Law shall be subject to the normal rules of
rounding numbers, within the degree of precision specified by the number of digits following the
decimal point (if any), so that:
(a)
For a WHOLE NUMBER, measurements of LESS THAN 0.5 shall be rounded DOWNWARD
to the next whole unit;
(b)
For a WHOLE NUMBER, measurements of 0.5 AND GREATER shall be rounded UPWARD
to the next whole unit;
(c)
For a number having ONE DECIMAL PLACE, measurements of LESS THAN 0.05 shall be
rounded DOWNWARD to the next one-tenth unit;
SECTION 1
APPLICATION, INTERPRETATION AND ENFORCEMENT
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
8
(d)
For a number of ONE DECIMAL PLACE, measurements of 0.05 AND GREATER shall be
rounded UPWARD to the next one-tenth unit.
Ratios and percentage figures shall not be subject to rounding.
16) NON-CONFORMING BUILDING LOCATION
Notwithstanding any other aspect of this By-Law, any lot, and the location thereon, or any
building or structure accessory thereto, which existed on or before January 1, 1999, shall be
deemed to comply with the relevant regulations for setback, building line, front yard, side yard,
rear yard, and lot coverage.
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
SECTION 2
DEFINITIONS
(1)
"ABANDONED" means a failure, in the opinion of the Chief Building Official, to proceed
expeditiously with construction work or to undertake construction work during any continuous
one year period.
(2)
"ABATTOIR" means a building or structure, or portion thereof, where animals are slaughtered
for the purposes of processing meat into food for human consumption; and where meat
products are produced, processed, handled, stored or sold.
(3)
"ACCESS DRIVEWAY" means the area between the travelled portion of a road and a parking
area used by motor vehicles for access to and from the parking area.
(4)
"ACCESSORY", when used to describe a use, a building or a structure, means a use, a building or
a structure that is incidental, subordinate and devoted to a main use, building or structure and
located on the same lot therewith, and includes a private garage which is not attached to the
main building in any way.
(5)
"ACCOMMODATION" means a use which provides lodging including rooms and/or food.
(6)
"ADDITIONAL RESIDENTIAL UNIT" means a dwelling unit in addition to the primary dwelling
unit, in which food preparation, eating, living, sleeping and sanitary facilities are provided for the
exclusive use of the occupants thereof.
(7)
"ADULT ENTERTAINMENT PARLOURS" - shall mean any premises or part thereof in which is
provided, in pursuance of a trade, calling, business or occupation, services appealing to or
designed to appeal to erotic or sexual appetites or inclinations. For the purposes of this By-law,
the following shall apply:
"Provided" includes furnished, performed, solicited or given such services;
"Services" includes activities, facilities, performances, exhibitions, viewings and encounters but
does not include the exhibition of film approved under the Film Classification Act.
"Services appealing to or designed to appeal to erotic or sexual appetites or inclinations"
includes the following:
(i)
services of which a principal feature or characteristic is nudity or partial nudity of any
person;
(ii)
services in respect of which the word 'nude', 'naked', 'topless', 'bottomless', 'sexy' or
any other word or any picture, symbol or representation having like meaning or
implication is used in any advertisement."
SECTION 2
DEFINITIONS
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
10
"To provide" when used in relation to services includes to furnish, perform, solicit, or give such
services and "providing" and "provision" have corresponding meanings.
(8)
"AGGREGATE REPROCESSING" means the process of reusing old concrete, asphalt, or brick, that
is stockpiled, crushed, and used again for construction, industrial, or manufacturing purposes,
but does not include the recycling of materials such as asphalt shingles, drywall, and wood.
(9)
"AGGREGATE STORAGE AREA" means the use of land for the temporary storage of aggregates
for sale or use in the production of cement or asphalt.
(10)
"AGRICULTURAL USE" means the cultivation of land, the production of crops and the selling of
such product on the premises, and the breeding and care of livestock and the selling of such
livestock or the product of such livestock raised on the premises, and without limiting the
generality of the foregoing includes aviaries, apiaries, fish farming, animal husbandry, and the
raising and harvesting of field, bush, or tree crops, market gardening, nurseries, greenhouses
and an accessory air strip. However, "agricultural use" does not include facilities for the
permanent or temporary housing of persons employed on the lot, an abattoir or any premises
used for the killing of livestock or the processing of meat.
(11)
"AISLE" means the area used by motor vehicles for access to and from all off-street parking
spaces, but does not include an access driveway.
(12)
"ALTER" means:
(a)
when used in reference to a building or structure or part thereof, shall mean to change
any one (1) or more of the internal or external dimensions of such building or structure
or to change the type of construction of the exterior walls or roof thereof;
(b)
when used in reference to a lot, the word "alter" means to change the width, depth, or
area thereof or to change the width, depth, or area of any required yard, setback,
landscaped open space, or parking area, or to change the location of any boundary of
such lot with respect to a street or lane, whether such alteration is made by conveyance
or alienation of any portion of said lot, or otherwise; or
(c)
when used in reference to a use, to discontinue and replace a use, in whole or in part,
with a use which is defined herein as being distinct from the discontinued use or to add
a new use to an existing use,
"ALTERED" and "ALTERATION" have corresponding meanings.
(13)
"AMENITY AREA" means an area or areas intended for use for recreation or aesthetic purposes
within the boundaries of a lot and may include landscaped open space areas, patios, balconies,
communal lounges, swimming pools, recreation facilities, and any other area which may be used
for recreational or aesthetic purposes, but does not include any driveways or parking area.
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(14)
"AMENITY SPACE" means the total area or areas within a lot provided for the use of the
residents of a residential building or a commercial building containing residential units
located on the lot for the purpose of personal recreation space or shared recreation space.
(15)
"AMUSEMENT GAME ESTABLISHMENT" means a building or a part thereof within which three
or more amusement game machines are available to the public.
(16)
"AMUSEMENT GAME MACHINE" means a mechanical, electrical or electronic device activated
by the insertion or a coin or token for the play of a game of change and/or skill that is not
contrary to the Criminal Code of Canada.
(17)
"AMUSEMENT PARK" means an establishment regardless of whether or not it is maintained or
operated for gain or profit, where rides, games of chance and the sale of food, beverages, toys
and souvenirs constitute the main use and may include a variety of buildings or structures
directly related to recreational and amusement uses.
(18)
"ANTENNA" shall mean part of a structure used for the purpose of sending or receiving
electromagnetic waves.
(19)
"APARTMENT HOTEL" means a hotel, except that up to 50 percent (50%) of the living
accommodation therein, according to floor area, may be dwelling units.
(20)
"AREA OF BUILDING" means the maximum horizontal projected area of a building, including
enclosed porches, but exclusive of steps, terraces, or cornices.
(21)
"ART GALLERY" means a building or part thereof where works of art, such as paintings,
sculpture, pottery, glass and weaving are displayed for public viewing.
(22)
"ASSEMBLY HALL" means a building or part of a building in which facilities are provided for such
purposes as meetings for civic, educational, political, religious, or social activities, and may
include a banquet hall or private club.
(23)
"ASSEMBLY PLANT" - see "MANUFACTURING AND ASSEMBLY INDUSTRY".
(24)
"ATTACHED" means a building otherwise complete in itself, which depends for structural
support, or complete enclosure upon a division wall or walls shared in common with adjacent
building or buildings.
(25)
"ATTIC" - see "STOREY".
(26)
"AUCTION ESTABLISHMENT" means a building or part thereof used for the retail sale of articles
or goods to the members of the public bidding the highest offer for the article or goods during
the sale proceedings and may include the storage of such articles to be sold at auction.
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(27)
"AUTOMOBILE SERVICE STATION" means an establishment where vehicle fuels, lubricants and
accessories are offered for retail sale and which contains facilities for the repair and
maintenance of vehicles excluding body and fender work.
(28)
"AUTOMOBILE SUPPLY STORE" means a building or part thereof used for the purpose of retail
sale of equipment and parts used to repair, service or customize motor vehicles. This does not
include any installations or repairs.
(29)
"AUTOMOTIVE SALES AND SERVICE ESTABLISHMENT" means premises where motor vehicles
are stored or displayed for the purpose of sale or hire and shall include the storage and sale of
automotive accessories together with the repair and service of the motor vehicle.
(30)
"AUTOMOTIVE USE" means an automobile service station, a gasoline retail outlet, a vehicle
repair shop, a car wash, a body shop or a vehicle sales or rental establishment as defined herein.
(31)
"BAKERY" means a building for producing, mixing, compounding or baking bread, biscuits, cakes
or other baked products.
(32)
"BALCONY" means a stage or platform, projecting from the wall of a building located
above or at the height of the floor of the second storey and accessible from inside such
building by means of a door.
(33)
"BATCHING PLANT, ASPHALT" means an industrial establishment used for the production of
asphalt, or asphalt products used in building or construction and includes facilities for the
administration and management of the business, the stockpiling of bulk materials used in the
production process or a finished product manufactured on the premises and the storage and
maintenance of required equipment, but does not include the retail sales of finished asphalt.
(a)
"PORTABLE ASPHALT PLANT" means a temporary asphalt batching plant established for
a Provincial or Municipal road project.
(34)
"BATCHING PLANT, CONCRETE" means an industrial establishment used for the production of
concrete, or concrete products used in building or construction and includes facilities for the
administration and management of the business, the stockpiling of bulk materials used in the
production process or a finished product manufactured on the premises and the storage and
maintenance of required equipment, but does not include the retail sales of finished concrete.
(35)
"BED AND BREAKFAST ESTABLISHMENT" means a single detached dwelling in which no more
than three rooms are made available by the residents of the said dwelling for the temporary
accommodation of travellers in the course of which no assistance is offered by any person not
residing in the dwelling. This does not include a hotel, motel, lodging house, or restaurant, as
defined herein.
(36)
"BERM" means a landscaped mound of earth.
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(37)
"BOARDING HOUSE" - see "LODGING HOUSE".
(38)
"BODY RUB" includes the kneading, manipulation, rubbing, massaging, touching, or stimulating,
by any means, of a person's body or part thereof but does not include medical or therapeutic
treatment given by a person otherwise duly qualified, licensed or registered so to do under the
laws of the Province of Ontario.
(39)
"BODY RUB PARLOUR" includes any premises or part thereof where a body rub is performed,
offered, or solicited in pursuance of a trade, calling, business or occupation, but does not include
any premises or part thereof where the body rubs performed are for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise duly qualified,
licensed or registered so to do under the laws of the Province of Ontario.
(40)
"BODY SHOP" means an establishment engaged primarily in the repairing or painting of vehicle
bodies.
(41)
"BREWING ON PREMISES ESTABLISHMENT" means a commercial establishment where
individuals produce beer, wine and/or cider, for personal use and consumption off the premises;
and where beer, wine and/or cider ingredients and materials are purchased, equipment and
storage area is used for a fee by the same individuals.
(42)
"BUILDER'S YARD/BUILDING OR CONTRACTING ESTABLISHMENT" means a premises used for
the purposes of undertaking or managing activities engaged in maintaining and building new
structures, or works, additions or renovations and typically includes the offices of general
building contractors, general contractors, specialized trades and building maintenance services
such as landscaping services, window cleaning and extermination services. Also included is the
prefabrication of building equipment and materials and wrecking and demolition contractors'
offices, but does not include salvage yards.
(43)
"BUILDING" means any temporary or permanent structure consisting of walls and a roof which
is used or intended to be used for the shelter, accommodation or enclosure of persons, animals,
or chattels, and includes accessory buildings and structures such as heat pumps or air
exchangers, but does not include any vehicle as defined herein; such as a travel trailer, camping
trailer, truck camper or motor home; or a fence or wall.
(44)
"BUILDING BY-LAW" means any by-law of the Corporation passed pursuant to the Building Code
Act, as amended from time to time, or any successors thereto.
(45)
"BUILDING HEIGHT" - see "HEIGHT".
(46)
"BUILDING LINE" means a line representing the location of the wall of a building on a lot
situated closest to any street line.
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(47)
"BUILDING LINE, ESTABLISHED" means the existing street setback of an existing main building
on a lot, measured between the centreline of the street adjacent to the said lot and the nearest
part of such building, excluding any stoops, sun decks, porches, verandahs, balconies, exterior
steps, or architectural adornments.
(48)
"BUILDING SUPPLY OUTLET" means an industrial premises used for storage, milling, and
wholesale sales of a broad range of building materials and which may include retail operation.
(49)
"BULK SALES ESTABLISHMENTS" means the use of land, structure or building for the purposes
of buying and selling lumber, wood, building materials, feed, fertilizer, ice, and allied
commodities but does not include any manufacturing, assembling or processing.
(50)
"BUSINESS OFFICE" - see "OFFICE, BUSINESS".
(51)
"BY-LAW ENFORCEMENT OFFICER" means the officer or employee of the Corporation charged
with the duty of enforcing the provisions of this By-Law.
(51.1) "CANNABIS PRODUCTION AND PROCESSING FACILITY" means lands, buildings or structures
used for the production, processing, testing, destroying, packaging and/or shipping of cannabis
or products containing cannabis.
(51.2) "CANNABIS RETAIL STORE" means a stand-alone store, operated under the authority of a retail
store authorization in accordance with the Cannabis License Act, 2018 and regulations thereto,
which retails all parts of the plant of the genus cannabis, whether growing or not, its seeds, resin
and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds or its resin, including concentrate that is cultivated, manufactured, distributed or sold but
does not include industrial hemp.
(52)
"CANOPY, WEATHER" means a permanent unenclosed roof structure erected for the purpose of
sheltering motor vehicle fuel pumps and dispenser islands from the weather.
(53)
"CARPORT" means a covered structure attached to a wall of a main building and used for the
storage of vehicles. The roof of the said structure shall be supported by piers or columns so that
50 percent of its wall area adjacent to the side lot line is unenclosed.
(54)
"CAR WASH" means a building or structure containing facilities specifically used or intended to
be used for washing vehicles either by production line methods employing mechanical devices
or by hand.
(55)
"CATALOGUE STORE" means a retail commercial establishment in which orders are accepted for
the purchase of goods listed in a catalogue provided by the establishment and in which some or
all of the goods so listed may also be available within the establishment for sale at retail.
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(56)
"CATERER'S ESTABLISHMENT" means an establishment in which food and beverages are
prepared for consumption off the premises and are not served to customers on the premises or
to take out, but does not include a food service establishment.
(57)
"CELLAR" - see "STOREY"
(58)
"CEMETERY" means a cemetery as defined in the Cemeteries Act.
(59)
"CENTRELINE, STREET" means the centreline of the original road allowance, as opposed to the
centreline of the travelled roadway, or any widened road allowance.
(60)
"CENTRELINE, STREET" means the centreline of the original road allowance, as opposed to the
centreline of the travelled roadway, or any widened road allowance
(60.1) "CHEMICAL PLANT" means a building, or part thereof, used for the processing and manufacture
of perfumes, cosmetics, toilet preparations, deodorants, soaps or cleaning compounds,
disinfectants, insecticides, poisons that are manufactured and packaged for medical or
pharmaceutical purposes only, and bleaches other than chlorine bleaches.
(61)
"CHIEF BUILDING OFFICIAL" means the officer or employee of the Corporation for the time
being charged with the duty of enforcing the provisions of the Zoning By-law of the Corporation.
(62)
"CINEMA" means a building or part thereof used for the showing or viewing of motion pictures.
(63)
"CLINIC" means a building, or part thereof, intended for the use by any or all of the following:
physicians, dentists, denturists, drugless practitioners, opticians, optometrists, chiropractors,
their staff and their patients, for the purpose of consultation, diagnosis and office treatment.
Without limiting the generality of the foregoing, waiting rooms, treatment rooms, laboratories
and dispensaries, directly associated with the clinic. Day surgery and medical treatment may be
performed in a clinic; however, no overnight accommodation shall be provided.
(63.1) "CLINIC, METHADONE" means a building, or part thereof, used for the dispensing of methadone
and may include other support services including a methadone pharmacy, laboratories and the
provision of counselling services.
(64)
"CLUB, PRIVATE" means a building or premises located on privately owned lands, operated on a
non-profit basis for social, literary, cultural, political, educational or recreational purposes,
primarily for the exclusive use of members and their guests and not open to the general public
on an equal basis.
(65)
"COLLEGE" - see "SCHOOL".
(66)
"COMMERCIAL OUTDOOR RECREATION FACILITY" means an outdoor facility or facilities which
may include, but not necessarily be restricted to, a water slide, a commercial outdoor swimming
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pool, a wave pool, a golf course, miniature golf course, driving range, a baseball batting cage or
a paddleboat or bumper-boat pool, but shall not include a go-kart track, a facility for motorized
recreational vehicles, an amusement park, a ski club or any other use separately defined or
listed herein.
(67)
"COMMERCIAL PARKING LOT" means an open area, other than a street, used for the temporary
parking of two or more vehicles for profit or gain.
(68)
"COMMERCIAL RECREATION ESTABLISHMENT" means the use of land, building or structure for
the purposes of buying and selling commercial entertainment or recreation such as bowling,
billiards, arcades, miniature golf, water slides, amusement centres, etc. This definition does not
include travel trailer parks or campgrounds.
(69)
"COMMERCIAL SCHOOL" see "SCHOOL"
(70)
"COMMERCIAL STORAGE UNIT" means a building or buildings consisting of individual units with
personal vehicular access, used for the storage of goods, wares, merchandise, foodstuffs,
substances, articles or things, but does not include a fuel storage tank except as an accessory
use.
(71)
"COMMERCIAL VEHICLE" - see "VEHICLE".
(72)
"COMMON OPEN SPACE" means recreation space provided within or outside a building or
buildings for the use of all the residents for recreation or social purposes and is readily
accessible by all the residents of such building or buildings.
(73)
"COMMUNITY CENTRE" means any tract of land, used for community activities and not used for
commercial purposes, and the control of which is vested in the Municipality, a local board or
agent thereof.
(74)
"COMPOSTING FACILITY" means a facility where the composting of organic materials takes
place in long rectangular troughs or channels and applied process controls are used to reduce
the time required for composting and to ensure product quality.
(75)
"COMPOSTING FACILITY, IN-VESSEL" means a facility where the composting process occurs in
either fully or partially enclosed vessels with controls on aeration, temperature and the
moisture to expedite the decomposition process.
(76)
"COMPOSTING FACILITY, WINDROW" means a facility where organic materials such as leaves
and yard waste, shredded woody material and vegetable waste are placed in windrows where
they are turned and watered occasionally to facilitate their decomposition.
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(77)
"COMPOSTING FACILITY, YARD WASTE" means a facility for the composting of yard materials in
windrows. Yard materials include garden trimmings, grass, brush and leaves but do not include
food waste.
(78)
"CONSENT" means the approval to the severance of land pursuant to the provisions of Section
53 of the Planning Act, 1990, and as the same may be amended from time to time.
(79)
"CONSERVATION AUTHORITY" means the Catfish Creek Conservation Authority or any
successors thereto.
(80)
"CONSERVATION WORKS" means facilities constructed or works undertaken solely for the
purpose of preserving and/or enhancing the natural environment.
(81)
"CONSTRUCTION AND DEMOLITION RECYCLING FACILITY" processes non-hazardous materials
from construction and demolition projects and other sources including wood, drywall, brick,
concrete, asphalt shingles, glass and scrap metals.
(82)
"CONTINUUM-OF-CARE FACILITY" means a facility which may include a Senior Citizens
Apartment Building, and/or a Nursing Home and may include in association with the Senior
Citizens Apartment Building and/or Nursing Home such facilities as hospitals, clinics, retirement
lodges, recreation centres, cafeterias and personal service establishment. Nursing Home and/or
Retirement Lodge such as hospitals, clinics, recreation centres, cafeterias and personal service
establishments and may also include independent Senior's accommodation in separate
structures/living units that share in services, such as meals, medical care services, or recreation
that are provided by the facility.
(83)
"CONTRACTOR'S YARD" - see "BUILDER'S YARD".
(84)
"CONVENIENCE STORE" means a retail food store, confectionery, delicatessen, grocery store, or
groceteria having a gross floor area of 300.0 square metres (3,229 sq. ft.) or less, or as
determined by the zone standards, where a variety of both household and grocery items are
offered for sale primarily to serve the daily needs of people and may include the rental of
videos, an automated banking machine and/or depots for such items as film, laundry or dry
cleaning.
(85)
"CORPORATION" means the Corporation of the Town of Aylmer.
(86)
"COUNCIL" means the Municipal Council of the Corporation of the Town of Aylmer.
(87)
"COUNTY" means the Corporation of the County of Elgin.
(88)
"COUNTY ROAD" means a street under the jurisdiction of the County.
(89)
"COVERAGE" - see "LOT COVERAGE".
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(90)
"CRUSHING PLANT" means an industrial establishment where aggregate is processed through a
crushing and sorting operation into various grades of gravel.
(91)
"DATA PROCESSING ESTABLISHMENT" means a building, or part thereof, used for the input,
processing and printing of computerized data.
(92)
"DAY CARE FACILITY" means a premises that receives more than five persons who are not of
common parentage, primarily for the purpose of providing temporary care or guidance, or both
temporary care and guidance, for a continuous period not exceeding twenty-four hours. Care
may be provided for children, seniors and/or persons with disabilities.
(93)
"DECK OR VERANDAH" means a structure made of wood, or concrete or other similar material,
that has a height greater that 2.0 feet ( 0.6096 meters) above grade, projecting from the front,
side or rear of a building which may be attached or detached from the building, which may or
may not require steps, and which may be covered by a roof with or without supporting columns,
provided the deck or verandah remains unenclosed by walls, windows or screening. The
intended purpose is for outdoor dining, lounging, covered entrances, and other similar accessory
residential uses.
(94)
"DENSITY" means the ratio of dwelling units to lot area.
(95)
"DEPARTMENT STORE" means a retail store greater than 2000 square metres (21.528 square
feet) which offers a wide selection of merchandise in departments including most or all of
apparel, housewares, domestic goods, drugs, hardware, automotive supplies, sporting goods,
toys, furniture and appliances, and lawn and garden supplies.
(96)
"DERELICT MOTOR VEHICLE" means a motor vehicle which is not currently licensed.
(97)
"DETACHED" means "not attached".
(98)
"DEVELOPMENT" means the construction, erection or placing of one or more buildings or
structures on land or the making of an addition or alteration to a building or structure that has
the effect of substantially increasing the size or usability thereof, or the laying out and
establishment of a commercial parking lot.
(99)
"DRIVE-THROUGH FACILITY" means a facility or structure that is designed to allow drivers to
remain in their vehicles before and during an activity on the site. Drive-through facilities also
include facilities designed for the rapid servicing of vehicles, where the drivers may or may not
remain in their vehicles, but where the drivers usually either perform the service for themselves,
or wait on the site for the service to be rendered. Drive-through facilities may serve the primary
use of the site or may serve accessory uses. Examples are drive-up windows; menu boards;
order boards or boxes; gas pump islands; car wash facilities; auto service facilities, such as air
compressor, water, and windshield washing stations; quick-lube or quick-oil change facilities.
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(100) "DRIVEWAY" means a vehicle access provided between a street or lane and a parking area or a
loading space, or between two parking areas, but does not include a parking aisle.
(101) "DRIVING RANGE" means a public or private area operated for the purpose of developing golf
techniques, but excluding miniature golf courses and golf courses.
(102) "DRY CLEANING AND LAUNDRY DEPOT" means a building used for the purpose of receiving
articles of clothing to be subjected to the process of dry cleaning, dry dyeing or cleaning
elsewhere or on the premises if the processing element is restricted to closed, unvented dry
cleaning equipment, and for the pressing and/or distribution of any such articles or goods which
have been subjected to any such process.
(103) "DRY CLEANING AND LAUNDRY PLANT" means a building where dry cleaning, dry dyeing,
cleaning or pressing of articles of clothing is carried on.
(104) "DRY CLEANING ESTABLISHMENT" means a building where dry cleaning, dry dyeing, cleaning or
pressing of articles or clothing is carried on, and
(a)
in which only non-inflammable solvents are or can be used which emit no odours or
fumes; and
(b)
in which no noise or vibration causes a nuisance or inconvenience within or without the
premises.
(105) "DUPLICATING SHOP" means a premises engaged in reproducing drawings, plans, maps or other
copy, by computer graphics, blueprinting, photocopying or small offset process.
(106) "DWELLING" means a building, occupied or designated to be occupied exclusively as a home,
residence or sleeping place by one (1) or more persons, but shall not include hotels, lodging
houses, tourist homes, nursing homes, motels, institutions, or travel trailers.
(a)
"APARTMENT BUILDING" means a residential building containing four (4) or more
dwelling units to each of which access is obtained through a common entrance or
entrances from the outside and through a corridor or hallway from the inside.
(b)
"APARTMENT BUILDING, SENIOR CITIZENS" means an apartment building designed for
the accommodation of the elderly, which is owned and managed by a public housing
authority or non-profit organization or a charitable institution and which may be
associated with a place of worship.
(c)
"APARTMENT BUILDING, SPECIAL NEEDS" means an apartment building designed for
the accommodation and occupancy by elderly and/or physically handicapped persons
which is owned and managed by a public housing authority or non-profit organization or
a charitable institution, and which may be associated with a place of worship.
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(d)
"CLUSTER HOUSING" means a group or groups of dwelling units which may be in various
forms, and so located on a lot that each dwelling unit may not have legal frontage on a
public street or road and more than one dwelling unit may exist on one lot.
(e)
"CONVERTED DWELLING" means an existing dwelling constructed as a single, semi-
detached, duplex, or triplex dwelling on an existing lot in which the number of dwelling
units has been increased without significant alteration to the exterior of the building
except for the required fire escapes, extra windows and entrances to a maximum of 10
percent (10%) of the dwelling or 30.0 square metres (323 square feet), whichever is the
lesser, and provided that the building, when converted, complies with the provisions of
the Building By-Law and the parking provisions of this By-Law.
(f)
"DUPLEX DWELLING" means the whole of a dwelling other than a converted dwelling
that is initially built or designed to be divided horizontally into two (2) separate dwelling
units each of which has an independent entrance either directly from the outside or
through a common vestibule.
(g)
"MULTIPLE DWELLING" means a dwelling containing more than three (3) dwelling units.
(h)
"QUADRUPLEX DWELLING" means the whole of a dwelling that is divided horizontally
and/or vertically into four separate dwelling units, each of which has an independent
entrance either directly from the outside or through a common entrance.
(i)
"SEMI-DETACHED DWELLING" means one of a pair of two (2) attached single dwellings
with a common wall dividing the pair of single dwellings vertically, each of which has an
independent entrance either directly from the outside or through a common vestibule.
(j)
"SINGLE DETACHED DWELLING" means a single dwelling which is free-standing,
separate and detached from other main buildings or main structures, including a split
level dwelling, but does not include a mobile home.
(k)
"SINGLE DWELLING" means a dwelling containing not more than one (1) dwelling unit as
the sole main use thereof, with or without uses accessory thereto.
(l)
"SPLIT LEVEL DWELLING" means a dwelling in which the first floor above the finished
grade is so constructed as to create two (2) or more different levels, the vertical distance
between such levels being always less than the full storey. For the purpose of this By-
Law, a split level dwelling house shall be considered as a one (1) storey dwelling house.
(m)
"STACKED TOWNHOUSE" means a building designed to contain three (3) or more
dwelling units attached side by side, two (2) units high, with each dwelling unit having an
independent entrance at grade level, which entrance may be from a vestibule used
jointly by two (2) units, and a private open space area. An upper unit may utilize a
portion of the roof of a lower unit in the provision of a private open space area.
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(n)
"STREET TOWNHOUSE" means a townhouse with each unit on a separate lot and having
legal frontage on a public street.
(o)
"TOWNHOUSE" means a building divided vertically into three (3) or more attached
dwelling units by common walls extending from the base of the foundation to the roof
line, each dwelling unit having a separate entrance at grade, and so located on a lot that
individual units may not have legal frontage on a public street.
(p)
"TRIPLEX DWELLING" means the whole of a dwelling that is divided horizontally and/or
vertically into three (3) separate dwelling units each of which has an independent
entrance either directly from the outside or through a common entrance.
(107) "DWELLING UNIT" means a single room or a series of rooms of complementary use which is
located in a building, in which food preparation, eating, living, sleeping and sanitary facilities are
provided for the exclusive use of the occupants thereof, which has a private entrance directly
from outside the building or from a common hallway inside the building, in which all occupants
have access to all of the habitable areas and facilities of the unit, and which is occupied and used
or capable of being occupied and used as a single and independent housekeeping establishment.
(108) "DWELLING UNIT AREA" - see "FLOOR AREA".
(109) "EASEMENT" shall have the meaning attributed to it in the definition of Right-of-Way.
(110) "ELECTRICAL AND ELECTRONIC PRODUCTS INDUSTRY" means an industry involved in the
production of appliances, lighting products, audio and video recording, receiving, sending and
playing products, communications products, business machine products, electrical transformers
and switches, energy, wire and cable products, but shall not include electrical generation
equipment or battery products.
(111) "EMERGENCY CARE ESTABLISHMENT" means an institutional use that provides a means of
immediate, temporary accommodation and assistance for a short-term period, generally less
than six (6) weeks for the majority of the residents. "Emergency care establishments" are
distinct from "group homes" in that the former has a shorter length of stay, and that their
capacity usually exceeds eight (8) residents (excluding staff or the receiving family).
(112) "EMISSION" means any corrosive gasses, dust, fly ash, electromagnetic fields, heat, glare,
odours, smoke, toxic gasses or radiation issuing from a building, structure or lot.
(113) "ERECT" means to do anything in the erection, building, construction, reconstruction,
installation, enlargement, extension, material or structural alteration or repair of a building or
structure and shall include any preliminary physical operations such as excavating, grading,
piling, cribbing, filling or draining, the relocation of a building or structure, the installation of a
building unit fabricated or removed from elsewhere, and the demolition or removal of a building
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or any part thereof and further includes any work for which a building permit is required under
the Building By-Law of the Corporation.
"ERECTED" and "ERECTION" have corresponding meanings.
(114) "EXISTING", means legally existing as of the date of the passing of the By-Law.
(115) "FACTORY OUTLET" means a building or part thereof accessory to, and clearly secondary to, an
industrial use or a service trade, wherein products manufactured, produced, processed or stored
on the premises are kept or displayed for wholesale or retail sale, or wherein orders are taken
for the delivery of such products.
(116) "FINANCIAL INSTITUTION" means an establishment which provides money management
services directly to the public, including a bank, trust company, credit union, securities dealer,
finance companies and stock brokers, but not including the internal offices or administrative
offices which shall be considered to be offices for the purposes of this By-Law.
(117) "FLOOD FRINGE" means those lands being part of the floodplain which delineate the area
beyond the floodway which includes the remaining lands susceptible to the Regulatory Flood.
(118) "FLOODPLAIN" means the area adjacent to a river or stream which is within the area defined by
the Regulatory Flood as defined by the Conservation Authority having jurisdiction, being the
Catfish Creek Conservation Authority, in accordance with the Conservation Authorities Act,
R.S.O. 1990, as amended from time to time.
(119) "FLOODWAY" means those lands being part of the floodplain which is delineated by a 1:100
year storm defined by the Conservation Authority having jurisdiction, being the Catfish Creek
Conservation Authority, in accordance with the Conservation Authorities Act, R.S.O. 1990, as
amended from time to time.
(120) "FLOOR AREA" means the area of the floor surface of a storey or part thereof.
(a)
"DWELLING UNIT AREA" means the aggregate of the floor areas of all habitable rooms,
hallways, and lobbies within a dwelling unit, excluding the thickness of any exterior
walls.
(b)
"GROSS FLOOR AREA" means the aggregate of the floor areas of all storeys of a building
or structure, other than an attic or a cellar, excluding the floor areas of any private
garage.
(c)
"GROSS LEASABLE" means the total area of a building for which tenants pay rent and
have exclusive occupancy, measured from the centreline of partition walls and the
exterior face of outside walls, and includes all such floor area on a main floor, mezzanine
and upper storey and in a basement, but does not include any floor area used in
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common by the tenants of the building such as a mall, aisle or hallway, elevator shaft or
lobby, stairwell, any washroom, boiler room, maintenance room, mechanical or
electrical or utility room, and any automobile parking facilities provided within the
building.
(d)
"GROSS RESIDENTIAL" means the aggregate of the area of all floors in a residential
building, whether at, above or below grade, measured from the exterior faces of the
exterior walls, or from the centre line of the common wall separating two buildings, and
including the basement floor area where the basement ceiling height is 1.95 metres (6
ft. 5 in.) and has access to it with a ceiling height of 1.95 metres (6 ft. 5 in.), but
excluding any open porch/verandah and unfinished attic, and area used for a private
garage, parking and loading.
(e)
"NET FLOOR AREA" means that portion of the gross floor area of a building which is
used exclusively for a non-residential use defined herein or specifically named elsewhere
in this By-Law, but excluding:
(i)
any part of such building used for any other non-residential uses which are
defined herein or specifically named elsewhere in this By-Law;
(ii)
any part of such building used as a dwelling unit, a public concourse, an elevator
shaft, or a common hallway or stairway not used exclusively by the said non-
residential use;
(iii)
any part of such building used solely for the storage of electrical equipment or of
equipment to heat, cool or otherwise control the environment of such building or
a portion thereof;
(iv)
any part of such building used as a lavatory, a washroom, a locker room or a cloak
room; and
(v)
the thickness of any exterior walls of such building.
(121) "FLORIST SHOP" means a retail store devoted to the sale of flowers, indoor plants and
arrangements thereof.
(122) "FOOD PROCESSING PLANT" means a building or part thereof, other than a restaurant or
catering establishment in which agricultural products are prepared, processed, preserved,
graded or stored for eventual human consumption, and includes a flour mill, a dairy, a bakery, a
grain elevator or an egg grading station, but does not include an abattoir or any premises used
for the slaughtering of animals or the boiling of blood, tripe or bones.
(123) "FOOD, TOBACCO AND BEVERAGE PROCESSING INDUSTRY" means a building or part thereof
used for the processing of meat and poultry products; fish products; fruit and vegetable
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products; dairy products; flour, prepared cereal food and feed products; vegetable oil mills;
bakery products; sugar products; soft drink products; tobacco products; and distillery, brewery
and winery products.
(124) "FORESTRY USE" means the general raising and harvesting of wood, and without limiting the
generality of the foregoing, includes the raising and cutting of fuel wood, pulp wood, lumber,
Christmas trees, and other forest products produced on the same lot.
(125) "FRONTAGE" - see "LOT FRONTAGE".
(126) "FRONT YARD" - see "YARD".
(127) "FUEL PUMP ISLAND" means that portion of an automobile service station, public garage or
portion of a non-residential use for the retail sale of automotive fuels, which includes the fuel
pumps, concrete base, overhead canopy and kiosk, but shall not include any part of any building
for the repair or service of vehicles.
(128) "FUEL STORAGE DEPOT/SUPPLY YARD" means the use of land, buildings and structures or
portion thereof, wherein fuels such as gasoline, propane, natural gas, oil, kerosene, diesel fuel,
wood products, and coal, are stored or kept for wholesale or distribution and resale but does
not include retail sales.
(129) "FUEL STORAGE TANK" means a tank for the bulk storage of petroleum gasoline, fuel oil, gas or
inflammable liquid or fluid but does not include a container for inflammable liquid or fluid legally
and properly kept in a retail store or a tank for storage merely incidental to some other use of
the premises where such tank is located.
(130) "FUNERAL HOME" means a building or part thereof wherein a licensed undertaker prepares
corpses for interment and may include a chapel for funeral services.
(131) "GARAGE, PRIVATE" means an accessory building or structure, or a portion of a building, which
is used or intended to be used for the sheltering of vehicles and in which there are no facilities
for repairing or servicing such vehicles for gain or profit, and includes a partially enclosed
carport.
(a)
"GARAGE, MUTUAL" means a private garage which:
(i)
contains sufficient space for the parking of not less than two (2) vehicles;
(ii)
is situated astride a common side lot line between two (2) adjacent lots; and
(iii)
is accessory to a main use on each of such lots.
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(b)
"GARAGE, PUBLIC" means a building or structure other than a private garage which is
used for the care, repair or equipping of motor vehicles, or where such vehicles are
parked or stored for remuneration, hire or sale.
(132) "GARDEN CENTRE" means a lot, building or structure or part thereof, used for the wholesale
and retail sale of trees, shrubs, plants, soil, landscaping supplies, fertilizers and similar materials
and may include an associated landscape contracting business.
(133) "GARDEN SUITE" means a one-unit detached residential structure containing bathroom and
kitchen facilities that is ancillary to an existing residential structure and is designed to be
portable.
(134) "GAS BAR" means one or more fuel pumps for the sale of motor fuels and related products for
motor vehicles, together with the necessary pump islands, light standards, kiosk, concrete
aprons, canopy, storage tanks, and related facilities required for the dispensing of fuel and
which may include the sale of associated sundry items, tobacco and snack foods, provided the
gross floor area devoted to the sale of these items does not exceed 30 square metres (323
square feet) but does not include the provision of mechanical services to vehicles.
(135) "GENERAL MANUFACTURING" means the use of land, building or structure designed for the
purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing,
treating, altering, repairing, warehousing, or storing or adapting for sale of any goods,
substance, article or thing, including the storage of building and construction equipment and
materials, but not including any noxious industry, mine, pit, quarry, or oil well.
(136) "GENERAL OFFICE" means any building or part of a building in which one (1) or more persons
are employed in the management, direction or conducting of an agency, business, brokerage,
labour or fraternal organization, but excludes such uses as retail sale, manufacture, assembly or
storage of goods, or places of assembly and amusement.
(137) "GOLF COURSE" means a public or private area operated for the purpose of playing golf
including a par three (3) golf course, driving range but does not include driving ranges, miniature
courses and similar uses operated for commercial purposes.
(138) "GRADE or GRADE AVERAGE FINISHED" means the average level of finished ground adjoining a
building or structure at all exterior walls, as determined by the Chief Building Official.
(139) "GRADE LEVEL" means the level of any lots, measured above sea level according to Geodetic
Datum, 15.24 centimetres (6 inches) above the normal crown level of the road, measured above
sea level according to Geodetic Datum, upon which the lot abuts. Where a lot abuts on two (2)
or more streets, the grade level shall be the mean of the grade levels calculated with reference
to the different streets. If the natural level of the ground is higher than as above stipulated,
then the average natural level of the ground shall be taken as the grade level.
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(140) "GRAIN ELEVATOR" shall mean a building or structure used for the storage and transshipment
of grain.
(141) "GREENHOUSE, COMMERCIAL" means a building used for the growing of flowers, fruits,
vegetables, plants, shrubs, trees and similar vegetation which are not necessarily transplanted
outdoors on the same lot containing such greenhouse, but are sold directly from the lot either at
wholesale or retail.
(142) GROUP HOME
(a)
"GROUP HOME TYPE 1" means a residence licensed, supervised, approved, or funded
under a federal or provincial statute for the accommodation of three (3) to eight (8)
persons, excluding staff or the receiving family, living under responsible supervision and
who, by reason of their intellectual, mental health, social or physical condition or legal
status, require a group living environment for their well-being. A Group Home Type 1
may not include children or youth on probation under provincial or federal statute, an
Emergency Care Establishment or a Group Home Type 2, as defined in this By-Law. The
minimum floor area for a Group Home Type 1 shall be 18.5 square metres per person
residing within the unit.
(b)
"GROUP HOME TYPE 2" means a residence licensed, supervised, approved or funded
under a federal or provincial statute for the accommodation of up to eight (8) persons,
excluding staff, that is maintained and operated primarily for: persons who have been
placed on probation or released on parole under provincial or federal statute; or, youth
who have been charged under provincial or federal statute and who have been placed in
detention or custody. The minimum floor area for a Group Home Type 2 shall be 18.5
square metres per person residing within the unit.
(143) HABITABLE ROOM
(a)
"HABITABLE ROOM" means a room which:
(i)
is located within a dwelling unit;
(ii)
is designed for living, sleeping or eating or for sanitary purposes;
(iii)
can be used at all times throughout the year; and
(iv)
is not located within a cellar.
but does not include any non-habitable room.
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(b)
"NON-HABITABLE ROOM" means any room located within a dwelling unit but that is not
a habitable room, including, but not so as to limit the generality of the foregoing, a
laundry room, a pantry, a lobby, a communicating corridor, a stairway, a closet, a
sunroom, a verandah, a porch, a balcony, a private garage, an unfinished attic, a cellar, a
boiler room and any space used for the service and maintenance of such dwelling or for
vertical travel between storeys.
(144) "HEIGHT" or "BUILDING HEIGHT", when used in reference to a building or structure, means the
vertical distance between the horizontal plane through the average finished grade and a
horizontal plane through:
(a)
the highest point of the roof assembly in the case of a building with a flat roof or deck
roof or in the case of an accessory structure;
(b)
the average level of a one (1) slope roof, provided that a roof having a slope of less than
twenty (20) degrees with the horizontal shall be considered a flat roof;
(c)
the roof deck line, in the case of a mansard roof;
(d)
the average level between eaves and ridges in the case of a roof type not mentioned in
subsections (a), (b) and (c) immediately preceding
(e)
where an exterior wall extends above the top of the roof of a building, the topmost part
of such exterior wall.
(145) "HERITAGE BUILDING" means a building designated under Part IV of the Ontario Heritage Act.
(146) "HIGHWAY", "STREET" or "ROAD" means a public way for purposes of vehicular and pedestrian
travel, including the entire area within the right-of-way, with or without provision made for
curbs, sidewalks, and paved gutters, and owned or maintained by a public authority.
(147) "HOME AND AUTO SUPPLY STORE" means a retail store devoted to the sale of merchandise for
the home and automobile including such goods as paint, hardware, electrical, plumbing,
housewares, home appliances, sporting goods, lawn and garden supplies, and automobile
supplies.
(148) "HOME APPLIANCE STORE" means a retail store devoted to the sale of household equipment
such as major and small appliances, electronic devices, computers, and audio or visual
equipment.
(149) "HOME DECORATING STORE" means a retail store devoted to the sale of goods and materials
required for decorating the interior of a home or office, including floor, wall and window
coverings, lighting fixtures, bathroom and kitchen fixtures and accessories.
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(150) "HOME FURNISHINGS STORE" means a retail store devoted to the sale of movable contents of a
room, home or office. Such goods may include furniture, light fixtures, clocks, organs or pianos,
carpet and indoor window coverings.
(151) "HOME IMPROVEMENT STORE" means a retail store devoted to the sale of goods or materials
associated with the furnishing and decorating of a home and includes a home decorating store,
a home furnishing store or a home appliance store.
(152) "HOME OCCUPATION" means the use of part of a dwelling unit for an occupation which
provides gain or support, for at least one (1) of the permanent residents of such dwelling unit
and which is clearly secondary to the main use of the dwelling unit as a private residence. Also
included as a home occupation is "Private Home Day Care".
(153) "HOSPITAL" means a hospital as defined in the Private Hospitals Act, as amended from time to
time, or a sanitarium as defined in the Private Sanitaria Act, as amended from time to time, or a
hospital as defined by the Public Hospitals Act, as amended from time to time.
(154) "HOTEL" means any hotel, motel, tavern, inn, lounge, lodge, or public house in one (1) main
building or in two (2) or more connected or adjacent buildings designed and used mainly for the
purposes of catering to the needs of the travelling public by supplying food, refreshments or
both and furnishing sleeping accommodation of not less than six (6) guest rooms, each having
no facilities for cooking or housekeeping , and provided that each guest room may only be
entered from the interior of the building. A "Hotel" does not include a lodging house, multiple
family dwelling or apartment hotels.
(155) "HOUSEHOLD SALE/GARAGE SALE" means the sale by an occupant of a dwelling unit, on his
own premises, of household goods belonging to him.
(156) "HOUSEHOLD PET" means a domestic animal that by nature of its temperament or appearance
is taken into the care of one (1) or more persons for the purpose of personal enjoyment or
protection which normally spends time in the dwelling unit of the owner at least once each day,
and shall include specifically, caged birds, caged rodents or rabbits, cats, dogs, tropical fish, and
non-poisonous indigenous reptiles.
(157) "IMPOUNDING YARD" means a place to which disabled motor vehicles, and motor vehicles or
other mobile equipment impounded for a breach of the law, may be taken or towed and stored
temporarily until reclaimed, but does not include an automobile service station, gas bar, or sal-
vage yard.
(158) "INCINERATION" means the controlled burning of solid waste for the purpose of waste
destruction and/or achieving volume and weight reduction or to change waste characteristics.
(159) "INDIVIDUAL SANITARY FACILITIES" means an autonomous, individual on-site wastewater
treatment/ sewage disposal system, that is owned, operated and managed by the owner of the
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property upon which the system is located, which may include tile beds, holding tanks, or any
other component of a private sewage disposal system.
(160) "INDUSTRIAL MALL" means a building or group of buildings held in single ownership or by
participants in a condominium corporation or cooperative, and divided into units for separate
occupancy by different industrial uses for which common loading and parking facilities and other
common services may or may not be provided.
(161) "INDUSTRIAL USE" means the use of any land, building or structure for the purpose of
manufacturing, processing, assembling, making, preparing, inspecting, ornamenting, finishing,
treating, altering, repairing, warehousing, storing or adapting for sale, any goods, substance,
article or thing, or any part thereof, and the storage of building and construction equipment and
materials, as distinguished from the buying and selling of commodities and the supplying of
personal services. Transport terminals would also be considered as an industrial use.
(162) "INDUSTRIAL USE, NON-EFFLUENT PRODUCING" means an industrial use which either does not
discharge waste water or discharged waste water from one or more of the following sources
only:
(a)
sanitary sewage from employee washrooms;
(b)
storm water drainage;
(c)
water used for indirect cooling of equipment and ancillary purposes.
(163) "INSTITUTIONAL" means any land, building or part thereof used for a non-commercial purpose
by any organization, government agency or group, for charitable, education or benevolent
objectives but excluding a private club, mental hospital or any place of detention or correction.
(164) "INTERIOR SIDE YARD" - see "YARD".
(165) "KENNEL" means any lot, building or structure, on or within which three or more domesticated
animals are housed, groomed, bred, boarded, trained or sold and which may offer provisions for
minor medical treatment.
(166) "LABORATORY, MEDICAL/DENTAL" means a building, or part thereof, used for medical and/or
dental testing, medical and/or dental experimentation and medical and/or dental research.
(167) "LABORATORY, PATIENT TESTING CENTRE" means a building, or part thereof, used for medical
and/or dental testing (i.e. blood tests, x-rays) and specimen depots.
(168) "LABORATORY, SCIENTIFIC OR RESEARCH AND DEVELOPMENT" means a building or part
thereof, used for scientific and/or product development testing, experimentation and/or
research.
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(169) "LANDFILLING" includes the disposal of waste by deposit, under controlled conditions, on land
and includes compaction of waste into a cell and coveting the waste with cover material at
regular intervals.
(170) "LANDING STRIP" shall mean a strip of ground used or capable of being used for the landing and
take-off of aircraft.
(171) "LANDSCAPED OPEN SPACE" means an open area of land which is:
(a)
unoccupied by any building or structure;
(b)
situated at ground level on a lot; and
(c)
used or intended to be used for the growth and maintenance of grass, flowers, shrubs,
bushes, trees and other vegetation, and for the provision of other landscaping features
including, but not necessarily restricted to, planting strips, facilities for outdoor
recreation, play areas, surfaced walks and patios;
but does not include any part of a driveway or parking area, regardless of surface composition,
or any roof-top terrace, balcony, or space enclosed within a building.
(172) "LANDSCAPE SUPPLY OUTLET" means the use of land, buildings or structures or part thereof
where soil and other similar landscape materials are offered for sale on a retail or wholesale
basis.
(173) "LANE" means a walkway, emergency access or any other passageway or right-of-way, open
from ground to sky, not constituting a street but laid down upon a registered plan and dedicated
to public use, as a right-of-way for use in common by adjacent landowners.
(174) "LAUNDROMAT" means a self-serve clothes washing establishment containing one (1) or more
washing and drying, ironing, finishing or other incidental equipment.
(175) "LEACHATE PRE-TREATMENT / HAULED LIQUID WASTE FACILITY" means a leachate pre-
treatment / hauled liquid waste facility pre-treats leachate from landfill operations and septage
brought to the site from area haulers before pumping it through a force main to the
Municipality's existing sewer system. This facility will better manage leachate levels, provide
pre-treatment of landfill leachate and hauled liquid waste to levels consistent with the
Sewage/Waste Discharge By-law and establish a dedicated hauled liquid waste receiving station
for residents, businesses and Institutions who are not serviced with sanitary sewers.
(176) "LEATHER AND FUR PROCESSING INDUSTRY" means a building or part thereof used for the
preparation of animal hides for use in the manufacture of products using leather or fur but
excluding the tanning of hides or rendering of animal parts.
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(177) "LEGAL" or "LAWFUL", when used in reference to a use, a lot, a building or a structure, means a
use, a lot, a building or a structure allowed by law, which complies with any and all restrictions
lawfully imposed by the Corporation or by any governmental authority having jurisdiction to
make such restrictions or regulations.
(178) "LEGAL SIGN" - see "SIGN".
(179) "LIBRARY, PUBLIC" means a library, branch library or distributing station under the Public
Libraries Act, as amended from time to time, or any successor thereto.
(180) "LOADING SPACE" means an off-street space or berth located on the same lot as a permitted
use and used for the parking of a commercial vehicle, loading or unloading merchandise or
materials pertinent to such permitted use.
(181) "LODGING HOUSE" means:
(a)
a building in which residential accommodation is provided or is intended to be provided
for hire or gain in which each lodger does not have access to all the habitable areas of
the building, consisting of:
(i)
a dwelling unit, together with more than three (3) lodging units which lodging
units individually or collectively do not constitute separate dwelling units; or
(ii)
more than three (3) lodging units, which lodging units individually or collectively
do not constitute a dwelling unit; or
(b)
a building in which lodging is provided for more than three (3) persons, with or without
meals.
In no case shall a lodging house be for more than ten (10) persons exclusive of staff or the
proprietor's family.
A lodging house shall include a rooming house, a boarding house, a fraternity and sorority
house, but shall not include a hotel, motel, hostel, hospital or nursing home if licensed,
approved or supervised under any general or special act other than the Municipal Act, or a
residence of an educational institution.
(182) "LOT" means a parcel or tract of land which:
(a)
is a whole lot or block as shown on a registered plan of subdivision but a registered plan
of subdivision for the purposes of this paragraph does not include a registered plan of
subdivision deemed not to be a plan of subdivision under a by-law passed pursuant to
Section 49 of the Planning Act, as amended from time to time; or
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(b)
fronts an open street within the corporation of the Town of Aylmer and is a separate
parcel of land without any adjoining lands being owned by the same owner or owners as
at the date of the passing of this By-Law; or
(c)
the description of which is the same as in a Deed which has been given consent pursuant
to Section 52 of the Planning Act, as amended from time to time; or
(d)
For the purpose of this definition, no parcel or tract of land ceases to be a lot by reason
only of the fact that a part or parts of it has or had been conveyed to or acquired by the
Municipality, Her Majesty in Right of Ontario, or Her Majesty in Right of Canada.
(183) "LOT AREA" means the total horizontal area within the lot lines of a lot.
(184) "LOT, CORNER" means:
(a)
a lot situated at the intersection of two or more streets, or a lot abutting on one or more
parts of the same street, in which an interior angle of less than 135 degrees is contained,
between the front and side lot lines abutted by the said street or streets; or
(b)
a lot located on the curve of a street where the angle of intersection of the projection of
the tangents of the street line does not exceed 135 degrees and for which the corner of
the lot shall be deemed to be the centre point of that part of the arc of the street line
upon which the lot abuts.
(185) "LOT COVERAGE" means the percentage of the area of a lot covered by the first storey of all
buildings or mobile homes on the lot, excluding balconies, canopies and overhanging eaves
which are 2 metres (6.56 feet) or more in height above finished grade but includes all other
projections such as decks, and steps.
(186) "LOT DEPTH" means:
(a)
the shortest horizontal distance between the rear lot line and the front lot line of a lot,
where such lot lines are parallel;
(b)
the average horizontal distance between the rear lot line and the mid-point of the front
lot line of a lot, where such lot lines are not parallel; or
(c)
the horizontal distance between the mid-point of the front lot line and the point of
intersection of the side lot lines of a lot, where there is not rear lot line.
(187) "LOT FRONTAGE" means the horizontal distance between the side lot lines measured along the
front lot line but where the front lot line is not a straight line, or where the side lot lines are not
parallel, the frontage is to be measured by a line 6 m (19.7 ft.) back from and parallel to the
chord of the frontage and for the purpose of this paragraph, the chord of the frontage is a
straight line joining the two points where the side lot lines intersect the front lot line.
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(188) "LOT - INTERIOR" means a lot other than a corner lot.
(189) "LOT LINE" means any boundary of a lot or the vertical projection thereof.
(a)
"FRONT LOT LINE" means the lot line that abuts the street, but
(i)
in the case of a corner lot or through lot, the shorter lot line that abuts a street
shall be deemed to be the front lot line and the longer lot line that abuts a street
shall be deemed to be the side lot line or the rear lot line, as the case may be; but
(ii)
in the case of a corner lot or through lot with two lot lines of equal length abutting
streets, the lot line that abuts the wider street shall be deemed to be the front lot
line, but where the streets are of equal width, the lot line which abuts a County
Road or Provincial Highway shall be deemed to be the front lot line, and in the
case of both streets being under the same jurisdiction and of the same width, the
owner of such lot may designate which street line shall be the front lot line; or
(iii)
where lot frontage on an arterial is required by the By-Law, the lot line which
abuts the arterial shall be interpreted as being the front lot line regardless of
whether it is the longer lot line.
(b)
"REAR LOT LINE" means, in the case of a lot having four (4) or more lot lines, the lot line
farthest from and opposite to the front lot line, except that where a lot has only three
(3) lot lines there shall be deemed to be no rear lot line.
(c)
"SIDE LOT LINE" means a lot line other than a front or rear lot line.
(d)
"EXTERIOR SIDE LOT LINE" means a side lot line that is also a street line.
(e)
"INTERIOR SIDE LOT LINE" means a side lot line other than exterior side lot line.
(f)
"INTERIOR LOT LINE" means a lot line other than a street line.
(190) "LOT OR RECORD" means a lot that legally exists at the date of passing of this by-law.
(191) "LOT - THROUGH" means a lot bounded on two (2) sides by a street; provided, however that if
any lot qualifies as being both a corner lot and a through lot, such lot shall be conclusively
deemed to be corner lot.
(192) "M²" means square metres.
(193) "MACHINE SHOP" - See "SERVICE SHOP".
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(194) "MAIN", when used to describe a use, a building or a structure, means a use or structure which
constitutes, or a building in which is conducted, a principal use of the lot on which such use,
building or structure is located.
(195) "MAIN WALL" means the exterior front, side or rear wall of a building, and all structural
members essential to the support of a fully enclosed space or roof.
(196) "MATERIAL RECOVERY FACILITY" means a facility in which solid non-hazardous recyclable
material is received collected, sorted, and/or processed for the purpose of marketing the
material for use as raw material in the manufacturing process of new, reused or reconstituted
products.
(197) "MANSE" means a dwelling accessory to a place of worship.
(198) "MANUFACTURING AND ASSEMBLY INDUSTRY" means a building or part thereof used for a
broad range of manufacturing, fabricating and assembly industries, and includes household
waste recycling depots, but excludes paper and allied products industries, food, tobacco and
beverage processing, processed goods, armaments, munitions and explosives manufacturing
industries, and any noxious use. Noxious uses are such uses are listed under Section 3(24) of the
General Provisions Section of this By-Law.
(199) "MARKET GARDEN" means the land used for the growing of vegetables, berry fruit crops,
flowers and mushrooms, nurseries and nursery sales stations and greenhouses.
(200) "MEDICAL/DENTAL OFFICES" - See "OFFICES, MEDICAL/DENTAL".
(201) "MERCHANDISE SERVICE SHOP" means a building or part thereof wherein articles or goods,
other than vehicles or industrial toolage, are repaired or serviced, or where replacement parts
for such articles or goods are offered for sale or a depot to collect, ship and receive such articles
to be repaired or renewed.
(202) "MINIATURE GOLF COURSE" means an area of land or a building, structure or premises or part
thereof, operated for profit or gain as a commercial place of amusement in which facilities are
provided to simulate the game of golf or any aspect of the game on a small scale, but does not
include a driving range.
(203) "MIXED USE DEVELOPMENT" means a development project containing both commercial and
residential floor space conceived and designed as a single environment owned and managed as
a unit, providing common on-site parking, open space, access and other shared facilities and
which may be held in single ownership or by participants in a condominium cooperative, and in
which both commercial and residential amenities are provided.
(204) "MOBILE FOOD TRUCK/CART means a vehicle, trailer or cart, or BBQ, equipped as an eating
establishment and able to be made mobile, where food is prepared and sold for immediate
consumption by the public and is not considered a permanent use or a restaurant. It must be
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intended to move from place to place and not left permanently at one location for more than six
months of the calendar year.
(205) "MOBILE HOME" means any dwelling that is designed to be made mobile, regardless of whether
the running gear has been removed, and constructed or manufactured to provide a permanent
residence for one (1) or more persons, but does not include a travel trailer or tent trailer or
trailer otherwise defined or a recreational vehicle.
(206) "MOBILE HOME LOT" means a parcel of land within a mobile home park which is used as the
site of, and pertains to, not more than one (1) mobile home.
(207) "MOBILE HOME PARK" means a parcel of land containing two (2) or more mobile home lots,
with or without any buildings, structures or uses accessory thereto.
(208) "MODEL HOME" means a dwelling which is not occupied for human habitation but is used for
the purpose of display to the public and where a portion of this dwelling may be used as a sales
office for the dwelling units to be constructed on lots within a plan of subdivision.
(209) "MONASTERY" shall mean a dwelling occupied in common by persons under religious vows of
seclusion.
(210) "MOTEL" means a building, a part of a building or a group of buildings used for the purpose of
providing accommodation, with or without food or other refreshments, to the travelling public,
including, but not so as to limit the generality of the foregoing, a motor court, auto court, motor
hotel, tourist home and any hotel as defined in the Hotel Registration of Guest Act, as amended
from time to time, or any successors thereto.
(211) "MOTOR HOME" means a self-propelled vehicle designed for temporary living, sleeping and
eating accommodation of persons and includes a camper pickup and camper van.
(212) "MOTOR VEHICLE" means a wheeled, self-propelling vehicle for the transportation of
passengers or goods or both passengers and goods, and without limiting the generality of the
foregoing, includes automobiles, trucks, buses, ambulances, hearses, motor homes, and tractors
and other self-propelled farm machinery.
(213) "MOTOR VEHICLE, COMMERCIAL" means a motor vehicle as defined above that is used for
commercial, industrial or any other non-private purposes.
(214) "MOTOR VEHICLE SERVICE AND REPAIR" means the carrying on of minor servicing or repair of a
motor vehicle including, but not limited to: battery replacement, incidental small part changes,
tire repair, brake servicing, oil changes, lubrication, engine tune-ups, detailing, cleaning and
other similar activities. Auto body repair, painting of vehicles, activities that create noise,
storage or deposit of derelict vehicles or parts thereof are not permitted. For the purpose of this
definition, motor vehicle shall include passenger vehicles such as automobiles, motorcycles,
vans, and trucks but does not include commercial vehicles such as but not limited to taxis,
limousines, motorized construction equipment, farm equipment, truck bodies, truck tractors or
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tractor trailers.
(215) "MUNICIPAL DRAIN" means drainage works constructed and maintained under the provisions
of the Drainage Act, as amended from time to time.
(216) "MUNICIPAL SERVICES" means such services as curbs, gutters, sidewalks, pavement and
roadworks, sewage and drainage systems, pumping stations, sewage treatment plants, private
drain connections, watermains, service pipes, electrical services or streetlights, designed to
service or capable of servicing a lot.
(217) "MUNICIPAL WASTE DISPOSAL FACILITY" means a facility for final disposal and includes
landfills, solid waste incinerator and waste to energy facilities, including the flaring of landfill
gas.
(218) "MUNICIPALITY" means The Corporation of the Town of Aylmer.
(219) "MUTUAL DRIVEWAY" means an ingress or egress that is common to two (2) or more owners of
abutting lands as a right-of-way registered against the title of the land.
(220) "NEIGHBOURHOOD PARKING STATION" means a place, building or depot used for the
temporary storage of motor vehicles between trips and designed primarily to accommodate
those vehicles which may not conveniently or legally be parked or stored elsewhere.
(221) "NON-COMPLYING" means a lot, building, or structure which is existing but does not meet,
comply or agree with the regulations of this By-law. "NON-CONFORMING" means a use which is
existing but not permitted in the zone in which the said use is situated.
(222) "NON-CONFORMING" means a use, building, structure or any part thereof which was lawfully
occupied and/or existed at the date of passing of this By-Law, which does not conform or
comply with the permitted uses and/or regulations of the zone in which it is now located.
(223) "NOXIOUS USE" means an offensive trade within the meaning of the Public Health Act or any
use which is offensive or dangerous by reason of the emission of odour, smoke, dust, noise, gas,
fumes, vibration or refuse matter.
(224) "NURSERY AND GARDEN STORE" means the use of land, buildings or structures, or part thereof,
where trees, shrubs or plants are grown or stored for the purpose of transplanting for use as
stocks for building or grafting or for the purpose of retail or wholesale.
(225) "NURSING HOME" means a building wherein lodging, meals, personal care, nursing services,
and medical care and treatment may be provided for gain or profit or as a charitable public
service and includes a rest home or a convalescent home, but does not include a hotel, motel or
hospital as defined herein.
(226) "OFFICE, GENERAL" means a building or part of a building or any room or suite of rooms
designed, intended or used for the conduct of a profession, occupation or business, but shall not
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include the office of a veterinarian, the retailing of merchandise, the manufacturing, repairing or
storage of goods or any assembly hall or place of amusement.
(227) "OFFICE, BUSINESS" means a building or part thereof in which the administrative functions of
agencies, foundations, brokers, labour or fraternal organizations are carried out and includes a
service office, but does not include medical/dental offices, professional offices, support offices,
financial or general offices, unless specified as permitted within this definition.
(228) "OFFICE, MEDICAL/DENTAL" means an office or offices in which the practice of the professions
of medicine, psychiatry, dentistry or optometry is carried on or in which the treatment by
osteopathy or chiropractic is carried out.
(229) "OFFICE, CHARITABLE ORGANIZATION" means a building or part thereof in which the
administrative functions of a registered charitable organization are carried out as the primary
function, including but not limited to such uses as design, printing, assembly and distribution of
information materials related to the use, customer service and data processing related to the
use, warehousing/storage of supplies related to the use, and training and conference facilities
and public education programs related to the use.
(230) "OFFICE, PROFESSIONAL" means a building or part thereof in which a legal or other personal
professional service is performed or consultation given, includes the offices of a lawyer, a
planner, an architect, a surveyor, an engineer or a chartered accountant, but does not include a
personal service establishment, a medical/dental office, a clinic, an veterinarian's clinic, a body-
rub parlour or any adult entertainment parlour as defined in the Municipal Act, as amended.
(231) "OFFICE, SERVICE" means a building, or part thereof, in which one (1) or more persons is
employed in the management, direction or conducting of a travel agency, an insurance agency,
or a real estate agency.
(232) "OFFICE, STORE AND BUSINESS ELECTRONIC PRODUCTS INDUSTRY" means a building or part
thereof used for manufacturing, fabricating and assembly of office machines such as
typewriters, electronic computing equipment, calculating and accounting machines, scales and
balances, and components accessory thereto.
(233) "OFFICE SUPPLY OUTLET" means a retail store devoted to wholesale and retail sale of office
supplies and school supplies, such as paper products, information processing supplies, files and
furniture.
(234) "OPEN SPACE, COMMON" means an outdoor space within a development, at grade level or
otherwise, which is designed and intended for the common use or enjoyment of the occupants
or users of the development, and may include a terrace, tot lot, swimming pool, garden, games
area, sitting area or other similar facility or area, and landscaped open space areas having no
dimension less than three metres.
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(235) "OPEN STORAGE" means the storage of goods and materials, or the display and sale of goods
and materials, including vehicles for hire or sale, outside a building as defined herein.
(236) "OPEN STORAGE AREA" means an area of land used for open storage purposes.
(237) "OUTDOOR DISPLAY AND SALES AREA" means an area set aside out of doors, covered or
uncovered, to be used in conjunction with an established use or business located in adjacent
permanent premises for the display or sale of fresh produce and new goods or merchandise.
(238) "OUTDOOR PATIO" means an area set aside out of doors, covered or uncovered, for the use of
patrons as a licensed restaurant in connection with, and in addition to, the operation of an
adjacent restaurant.
(239) "OUTDOOR RECREATIONAL USES" means any form of play, amusement or relaxation, such as
games or sports, carried on completely in the open air and not requiring any buildings for the
recreational use itself although accessory buildings for related facilities may be required such as
for administrative or office purposes, storage, and accessory food facilities; but does not include
war games as defined in Section 2(356) of this By-Law.
(240) "PAPER AND ALLIED PRODUCTS INDUSTRY" include pulp and paper industries; the asphalt
roofing industry; the paper box and bag industry; and other converted paper products
industries.
(241) "PARK" means an area of land, consisting primarily of landscaped open space, used primarily for
active or passive recreational purposes or as a conservation area, with or without related
recreational buildings, structures or facilities including, but not necessarily restricted to a
recreational playground, a golf course, a driving range, a play area, a band stand, a skating rink,
a horticultural greenhouse, a bowling green, a tennis or badminton court, a play field, a race
track, a swimming area, a wading pool, a boating pond or lake, a watercourse, a campground, a
refreshment booth, or a picnic area.
(a)
"PUBLIC PARK" means a park owned or controlled by a public agency.
(b)
"PRIVATE PARK" means a park other than a public park, regardless of whether or not
such park is maintained or operated for gain or profit, but does not include an
amusement park in which rides, games of chance and the sale of food, beverages, toys
and souvenirs constitute the main uses.
(c)
"AMUSEMENT PARK" and may include a variety of buildings or structures directly
related to recreational and amusement uses.
(242) "PARKING AISLE" means a portion of a parking area which abuts, on one (1) or more sides,
parking spaces to which it provides access, and which is not used for the parking of vehicles.
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(243) "PARKING AREA" means an area or areas of land or a building or structure or part thereof which
is provided and maintained for the purpose of temporary parking or storing of motor vehicles
accessory to a permitted use.
(244) "PARKING AREA, BUS" means an area or areas of land or a building or structure or part thereof,
which is provided and maintained for the purpose of temporary standing or parking, exclusively
for bus(es) operated by or for the public transit service, accessory to a permitted use.
(245) "PARKING LOT" means a lot which contains, and the main use of which is, a parking area,
whether or not such parking area is located within a structure.
(246) "PARKING LOT, ACCESSORY" means a parking lot which is an open area, other than a street,
used for the temporary parking of two or more vehicles which is customarily incidental,
subordinate and exclusively devoted to the main use and carried on with such main use on the
same lot.
(247) "PARKING LOT, COMMERCIAL" means a non-accessory parking area which is an open area,
other than a street, used for the temporary parking of two or more vehicles for profit or gain.
(248) "PARKING SPACE" means a space, exclusive of driveways, ramps or columns, to park one vehicle
for purposes other than the display or offering for sale of commodities.
(249) "PARKING STRUCTURE, COMMERCIAL" means a structure designed for the temporary parking
of vehicles for profit or gain.
(250) "PASSIVE RECREATIONAL USE" means enjoyment of the natural environment through non-
intensive activities that are passive in nature and cause minimal impact on the natural features
and functions of an area. Passive recreational uses include access trails, nature study, bird
watching, outdoor education and associated facilities, but do not include recreational buildings,
sports fields or golf courses.
(251) "PATIO, PRIVATE OUTDOOR" means a platform made of wood, concrete or other similar
material, that has a height of 0.6096 metres (2 feet) or less above grade, made of wood,
concrete, or other similar material, projecting from a building or freestanding, open to the sky,
and intended for the purpose of outdoor dining, lounging, and other similar accessory
residential uses.
(252) "PERMITTED" means "permitted by this By-Law".
(253) "PERSON" means any individual, an association, a firm, a partnership or an incorporated
company, municipal corporation and the agent, trustee, heirs, executors, or other legal
representatives of a person to whom the context can apply according to law.
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(254) "PERSONAL SERVICE ESTABLISHMENT" means a building, or part thereof, in which persons are
employed in furnishing services and otherwise administering to the individual and personal
needs of persons, comprising the premises of a barber, hairdresser, beautician, tailor,
dressmaker and/or shoemaker, as well as a laundromat, dry cleaning and laundry depot, sun
tanning shop and a formal rentals shop. The sale of merchandise shall be permitted only as an
accessory use to the personal service provided.
(255) "PET GROOMING ESTABLISHMENT" means a building, or part therefore, within which a person
is employed in grooming domesticated animals, but does not include an animal boarding or
kennel facility as defined elsewhere in this By-Law.
(256) "PHARMACEUTICAL AND MEDICAL PRODUCTS INDUSTRY" means a building or part thereof
used for the manufacture, fabrication and processing of drugs in pharmaceutical preparations
for human or veterinary use, and the manufacture of orthopaedic, prosthetic and surgical
appliances and supplies.
(257) "PHARMACY" means a retail store which dispenses prescription drugs and which sells, among
other things, non-prescription medicines, health and beauty products, and associated sundry
items.
(258) "PIT" means any pit or excavation made for the purpose of searching for, or the removal of any
soil, earth, clay, marl, sand, gravel or rock for commercial purposes but shall not include an
excavation incidental to the erection of a building or structure for which a building permit has
been granted by the Corporation, or an excavation incidental to the construction of any public
works.
(259) "PIT, WAYSIDE OR WAYSIDE QUARRY" means a temporary pit or quarry opened and used by a
public road authority solely for the purpose of a particular project or contract of road
construction and not located on the road right-of-way.
(260) "PLACE OF ENTERTAINMENT" means a motion picture or other theatre, assembly hall, billiard or
pool room, bingo hall, bowling alley, amusement arcade, dance hall or music hall, but does not
include any place of entertainment or amusement otherwise defined or classified herein.
(261) "PLACE OF WORSHIP" means a building, including synagogues, mosques and rectories, owned
or occupied by a religious congregation or religious organization and dedicated exclusively to
worship and related religious, social and charitable activities, with or without a church hall,
church auditorium, convent, monastery, office of a clergyman, cemetery, church school, parish
hall, day care facility or a parsonage as uses accessory thereto.
(262) "PLANTING STRIP" means an area of landscaped open space located immediately adjacent to a
lot line or portion thereof and on which is situated one or more of the following screening
devices:
(a)
a continuous row of trees;
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(b)
a continuous hedgerow of evergreens or shrubs;
(c)
a berm;
(d)
a wall; or
(e)
an opaque fence,
arranged in such a way as to form a dense or opaque screen.
(263) "POINT OF INTERSECTION" means the point at which street lines abutting a corner lot intersect,
or, if the street lines do not intersect at a point, then the point of intersection shall be deemed
to be the intersection of the projection of the street lines or the intersection of the tangents of
the street lines.
(264) "POOL MECHANICAL EQUIPMENT" means the mechanical/operational components of a
swimming pool which includes but shall not be limited to the pump, heater/furnace and filter.
(265) "POOL SUPPLY OUTLET" means the use of land, buildings or structures or part thereof for the
sale of pool equipment and chemicals, outdoor furniture, outdoor recreation equipment and
other similar items, in association with a swimming pool construction or maintenance business.
(266) "PRIMARY METALS INDUSTRY" means a building or part thereof used by the primary steel
industries; steel pipe and tube industries; iron foundries; non-ferrous metal smelting and
refining industries; aluminum rolling, casting and extruding industries; copper and copper alloy,
rolling, casting and extruding industries; and other rolled, casting and extruding non-ferrous
metal products industries.
(267) "PRINTING ESTABLISHMENT" means a building or part thereof, used for the primary purpose of
printing, lithographing or publishing. It may include some of the same uses permitted in a
duplicating shop, but must include at least one (1) of the above-listed primary functions.
(268) "PRINTING, REPRODUCTION AND DATA PROCESSING INDUSTRY" means a building or part
thereof, used by printing industries; reproduction industries such as tape, film and records; data
processing industries; and binding and related industries with similar impacts.
(269) "PRIVATE" means "not public".
(270) "PRIVATE GARAGE" - see "GARAGE, PRIVATE".
(271) "PRIVATE HOME DAY CARE" means a premises providing temporary care and custody for
reward or compensation of not more than six persons in a provincially licensed home day care
outside a flood plain, or not more than five persons within a flood plain or in an unlicensed
home day care in a private residence other than the home of a parent or guardian of any such
person for a continuous period not exceeding 24 hours. Care may be provided for children,
seniors and/or persons with disabilities.
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(272) "PROCESSED GOODS INDUSTRY" means a building or part thereof used by textiles, leather and
rubber industries; plastics and synthetic resins industries; paper and wood products industries;
metal products industries; oil and coal by-products industries; chemical products industries; and
non-metallic products industries. Processed goods industries exclude pulp and paper industries
and primary metal industries.
(273) "PROPANE TRANSFER FACILITY" means a facility at a fixed location having not more than one
storage container and such container shall not have an aggregate propane storage capacity in
excess of 50 000 litres (10,994 gallons) and from which no retail sale of propane fuel to the
public is or may be effected.
(274) "PUBLIC", when used in reference to a building, structure, use or lot, means a building,
structure, use or lot used by a public agency to provide a service to the public.
(275) "PUBLIC AGENCY" means:
(a)
the Government of Canada, the Government of Ontario or any municipal corporation;
(b)
any ministry, department, commission, corporation, public authority, board or other
agency established from time to time by the Government of Canada, the Government of
Ontario or any municipal corporation;
(c)
any public utility; or
(d)
any railway company authorized under the Railway Act, as amended from time to time,
or any successors thereto.
(276) "PUBLIC AUTHORITY" means any school board, public utility commission, transportation
commission, public library board, board of parks management, board of health, board of
commissioners of police, planning board or other board or commission or committee of local
authority established or exercising any power or authority under any general or special Statute
of Ontario with respect to any of the affairs or purposes of a municipality or any portion thereof,
and includes any board, commission or committee or local authority established by by-law of
the Municipality.
(277) "PUBLIC DROP-OFF AND RECYCLING DEPOT" means a municipally owned or controlled drop-off
centre open to the public for the collection and transfer of household garbage and recyclable
materials, including household, construction, and yard materials; but does not include a
residential and other source recycling facility, construction and demolition recycling facility,
specialized recycling facility, or waste transfer station as defined herein.
(278) "PUBLIC DROP-OFF FOR MUNICIPAL HAZARDOUS OR SPECIAL WASTE" means a facility for the
collection of Municipal Hazardous or Special Waste from residential sources and small quantity
industrial, institutional and commercial generators.
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(279) "PUBLIC SERVICES" means the buildings, structures and other related work necessary for
supplying
transportation
services,
water,
gas,
oil,
electricity,
steam,
hot
water,
telecommunication services, storm drainage, sewage collection and treatment facilities.
(280) "PUBLIC USE", when used in reference to a building, structure, use or lot, means a building,
structure, use or lot used by a public agency to provide a service to the public. Public agencies
comprise:
(a)
the Government of Canada, the Government of Ontario, or a municipal corporation;
(b)
any ministry, department, commission, authority, board or agency established by the
Government of Canada or the Government of Ontario; or
(c)
any public utility.
(281) "PUBLIC UTILITY" means:
(a)
any public agency, corporation, board or commission providing electricity, gas, steam,
water, telegraph, telephone, cable television, transportation, drainage, or sewage or
waste collection and disposal services to the public; or
(b)
a use pertaining to any such agency, corporation, board, or commission.
(282) "RAILWAY LINES" means an area of land, a portion of which is covered by a system of tracks,
that provides for the movement and making up of trains and includes ancillary structures such
as stations, offices, wheel houses, towers, repair and storage buildings.
(283) "RAW MATERIALS PROCESSING INDUSTRY" means a building or part thereof used by natural
fibres, rubber and pelt processing industries; rock, stone and non-metallic processing industries;
clay and fine aggregates processing industries; ore processing industries; chemical processing
industries; and miscellaneous processing industries which have similar impacts, such as
secondary processing of scrap metal to its base form. The raw material processing industries
exclude oil, natural gas and coal processing and refining industries.
(284) "RECREATION OR COMMUNITY CENTRE" means a public building used for recreation or social
activities, meetings or other leisure activities.
(285) "RECYCLING FACILITY, RESIDENTIAL AND OTHER SOURCE" means any building, portion of
building or area in which solid non-hazardous recyclable material is collected, sorted, and/or
processed, including paper, newsprint, telephone books, paper egg cartons and boxes,
magazines, catalogues and books, corrugated cardboard boxes, paper board, box board, glass
bottles and jars, aluminum foil, aluminum and steel cans, plastic bottles, jugs and tubs, polycoat
milk and juice containers, styrofoam, and textiles(clothing) for the purpose of marketing the
material for use as raw material in the manufacturing process of new, reused or reconstituted
products.
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(286) "RECYCLING FACILITY, SPECIALIZED" means a recycling facility which, in addition to any activity
permitted in a Residential and Other Source Recycling Facility, engages in the processing of non-
hazardous recyclable materials such as textiles, leather, plastic, household appliances, and tires,
but excluding construction and demolition waste materials.
(287) "REAR LOT LINE" - see "LOT LINE".
(288) "REAR YARD" - see "YARD".
(289) "RECREATIONAL ESTABLISHMENT" means a building designed and intended to accommodate
various forms of indoor sports and recreation, and shall include an arena, tennis, squash,
handball and badminton courts, and roller skating rinks. Playing areas in tennis, squash,
handball and badminton courts are to be excluded for the purpose of calculating parking
requirements.
(290) "RECREATIONAL VEHICLE" means a vehicle which provides sleeping and other facilities for short
periods of time, while travelling or vacationing, designed to be towed behind a motor vehicle, or
self-propelled, and includes such vehicles commonly known as travel trailers, camper trailers,
pick-up coaches, motorized campers, motorized homes or other similar vehicles.
(291) "REDEVELOPMENT" means the removal of buildings or structures from land and the
construction or erection of other buildings or structures thereupon.
(292) "RENOVATION" means the repair and restoration of a building to an improved condition but
shall not include its replacement.
(293) "REPAIR AND RENTAL ESTABLISHMENT" means a business engaged in maintaining, repairing,
installing and renting articles and equipment for household and personal use, such as: radios
and televisions; refrigeration and air conditioning; appliances; watches, clocks and jewellery;
and re-upholstery and furniture repair. This does not include any other use specifically referred
to or defined in this By-Law.
(294) "RESEARCH AND DEVELOPMENT ESTABLISHMENT" means a building or part thereof used by
raw material development and testing firms; processed products development and testing firms;
and chemical and biological products development and testing firms.
(295) RESIDENTIAL
(a)
"RESIDENTIAL", when used in reference to a building, structure or use, means any
dwelling or mobile home as defined herein or any accessory building, structure or use
exclusively devoted thereto.
(b)
"NON-RESIDENTIAL", when used in reference to a building, structure or use, means a
building, structure or use other than a residential building, structure or use.
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(c)
"RESIDENTIAL LOT" means a lot containing a residential use or a vacant lot that is zoned
for a residential use and meets the zone provisions for the permitted residential use.
(296) "RESIDENTIAL USE" means the use of a building or structure or parts thereof as a dwelling.
(297) "RESTAURANT" means a building or part thereof where food is prepared and offered for retail
sale to the public for immediate consumption either on or off the premises, including a licensed
dining lounge, but excluding a tavern as defined herein.
(298) "RETAIL LUMBER" - See "BUILDING SUPPLY OUTLET".
(299) "RETAIL LUMBER AND BUILDING SUPPLY YARD" means a lot, building or structure or part
thereof, the primary use of which is the storage and retail sale of timber which has been sawn or
split for use, with or without related building materials and supplies.
(300) "RETAIL STORE" means a building or part of a building where goods, wares, merchandise,
articles or things are offered or kept for retail sale at retail and includes storage on or about the
store premises of limited quantities of such goods, wares, merchandise, articles or things
sufficient only to service such store but does not include any wholesale business or business
supply use, or any establishment otherwise defined or classified.
(301) "RETIREMENT LODGE" or "RETIREMENT HOME" means a residence providing accommodation
primarily for persons or couples over 60 years of age where each private bedroom or living unit
has a separate private bathroom and separate entrance from a common hall but where
common facilities for the preparation and consumption of food are provided, and common
lounges, recreation rooms and medical care facilities may also be provided.
(302) "RIGHT-OF-WAY or EASEMENT" means any right, liberty or privilege in, over, along or under
land, which the owner of one (1) lot may have with respect to any other lot or which the
Municipality, any other governmental authority or agency, private company or individual may
have with respect to any land in the Municipality.
(303) "ROAD" shall have the meaning attributed to it in the definition of Street.
(304) "ROAD, COUNTY" shall mean a street under the jurisdiction of the County.
(305) "ROAD, PRIVATE" means a private right-of-way over private property that is a commonly owned
and/or shared access to abutting lots that is privately maintained and is not a public highway as
defined by the Municipal Act.
(306) "ROOMING HOUSE" - See "LODGING HOUSE".
(307) "SALVAGE OR SCRAP YARD" means an establishment, lot or premises used for the storage
wholly or partly in the open, handling, processing, or any combination thereof, of scrap material
for reuse for the purpose of commercial gain, which without limiting the generality of the
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foregoing, shall include waste paper, rags, bones, bottles, bicycles, vehicles, tires, and metal, and
junk or scrap metal yards and automobile wrecking yards shall also be included.
(308) "SANITARY SEWER" means an adequate system of underground conduits, operated either by a
municipal corporation or by the Ministry of the Environment, which carries sewage to an
adequate place of treatment which meets with the approval of the Ministry of the Environment.
(309) "SATELLITE DISH" means a parabolic or spherical antenna which receives television or
microwave transmissions or other signals from orbiting satellites or other devices.
(310) "SCHOOL" means an institution for education or instruction as defined in the Education Act or
the Ministry of Training, Colleges and Universities Act, normally under the jurisdiction of a
Board.
(a)
"ADULT SECONDARY SCHOOL" means a Secondary School identified as a centre for
learning for persons who are mature students (not of compulsory school age), attending
to complete some or all of their secondary education.
(b)
"COMMERCIAL SCHOOL" means a school operated by one or more persons for gain or
profit.
(c)
"COMMUNITY COLLEGE SCHOOL" means a college of applied arts and technology
established under the Ministry of Training, Colleges and Universities Act.
(d)
"ELEMENTARY SCHOOL" means a school under the jurisdiction of the County District
School Board, the Catholic District Separate School Board or a school operated under
charter granted by the Province of Ontario, used primarily for the instruction of students
receiving primary education.
(e)
"PRIVATE SCHOOL" means a school, other than an elementary school, secondary school,
adult secondary school, community college school, university school or a commercial
school, under the jurisdiction of a private board of directors, trustees or governors, a
religious organization or a charitable institution, used primarily for the instruction of
students receiving primary and/or secondary education.
(f)
"SECONDARY SCHOOL" means a school under the jurisdiction of the County District
School Board, the Catholic District Separate School Board or a school operated under
charter granted by the Province of Ontario, used primarily for the instruction of students
receiving secondary education.
(g)
"UNIVERSITY SCHOOL" means a university designated by the Ministry of Training,
Colleges and Universities Act.
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(311) "SELF-STORAGE ESTABLISHMENT" means a building or buildings consisting of individual storage
units accessible by the user, used for the storage of goods, wares, merchandise, foodstuffs,
substances, articles or things, but does not include a fuel storage tank except as an accessory
use.
(312) "SENIOR CITIZEN HOUSING" means any housing for senior citizens sponsored and administered
by any public agency or any service club, place of worship or other non-business organization,
either of which obtains financing from Federal, Provincial or Municipal Governments or
agencies, or by public subscription or donation, or by any combination thereof, and such homes
shall include auxiliary uses as club and lounge facilities, usually associated with senior citizens
development.
(313) "SERVICE AND REPAIR ESTABLISHMENT" means a premises engaged in maintaining, repairing
and installing machinery and equipment for household and personal use, such as air condi-
tioners, appliances, watches, clocks, jewellery, re-upholstery and furniture repair.
(314) "SERVICE SHOP" means an establishment, other than an automotive use, that provides a non-
personal service or craft to the public, including, but not necessarily restricted to, a printer's
shop, a plumber's shop, a tinsmith's shop, a painter's shop, a carpenter's shop, an electrician's
shop, a welding shop, a blacksmith's shop, a merchandise service shop, a battery storage and
recharging shop, a well driller's establishment, a furrier's, an upholsterer's shop, a bakery, a
dairy, a catering establishment, an egg grading station, a machine shop, or a monument
engraving shop.
(315) "SETBACK" means the shortest horizontal distance between the centreline of a street adjacent
to a lot and the nearest part of any building, structure, excavation or open storage on such lot.
(313.1) "SHIPPING CONTAINER" means a pre-fabricated, heavy gauge steel, fully assembled structure
intended for the storage of goods, wares, merchandise, substances, articles or things accessory
to a commercial or industrial use.
(316) "SHOPPING CENTRE" means one or more buildings, or part thereof containing a group of
separate permitted commercial uses having a total floor area in excess of 550 square metres,
which is maintained as a single comprehensive unit and located on a single lot, such lot being
held and maintained under one ownership or under condominium ownership pursuant to the
Condominium Act, as amended from time to time, or any successors thereto.
(317) "SHOWROOM" means part of a building, used as a building or contracting or wholesale
establishment, which is integral to the permitted main use, used for the purpose of displaying
wares and goods.
(318) "SIDE LOT LINE" - see "LOT LINE".
(319) "SIDE YARD" - see "YARD".
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(320) "SIGHT DISTANCE" means a length of distance measured along a street line from the point of
intersection of two street lines.
(321) "SIGHT TRIANGLE" means the triangular space formed by the intersecting lot lines, at least one
of which is also a street line, of a lot located at an intersection of two or more streets or at an
intersection at grade of a street and a railway right-of-way, and a line drawn from a point in one
such lot line to a point in the other lot line, each such point being a specified distance from the
point of intersection of such lot lines measured along the said lot lines, provided that where the
said lot lines do not intersect at a point, the point of intersection thereof shall be deemed to be
the intersection of the projected tangents thereto, drawn through the extremities of the interior
lot lines.
(322) "SIGN" means a name, identification, description, advertising device, display or illustration
which is affixed to, or represented directly or indirectly upon, a building, structure or lot and
which directs attention to an object, product, place, activity, person, institute, organization or
business.
(323) "SITE PLAN CONTROL BY-LAW" means any by-law of the Corporation passed pursuant to
Section 41 of the Planning Act, as amended from time to time, or any successors thereto.
(a)
"SITE PLAN CONTROL AREA" means an area of land designated by a Site Plan Control
By-Law as a site plan control area pursuant to Section 41 of the Planning Act, as
amended from time to time, or any successors thereto.
(b)
"SITE PLAN AGREEMENT" or "DEVELOPMENT AGREEMENT" means any agreement
entered into by an owner of land and the Corporation pursuant to a Site Plan Control By-
Law.
(324) "STACKING LANE" means an on-site queuing lane for vehicles which is separated from other
vehicular traffic and pedestrian traffic by barriers, curbing or markings and is often associated
with a drive-through facility.
(325) "STAND-ALONE", when used in the context of commercial buildings, means a building
containing between one and three commercial uses.
(326) "STOCKPILING" means the use of land for the storage of processed aggregates or other raw
materials for future sale.
(327) "STORAGE DEPOT" means an area including reservoir, silo and tank storage; hangers; open air
parking; and open air storage. Storage depots exclude salvage yards, resource extraction
operations, and wayside pits.
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(328) "STOREY" means a horizontal division of a building from a floor to the ceiling directly above such
floor, and includes an attic, a basement or a cellar as defined herein, but does not include any
mezzanine, gallery, balcony or other overhang.
(a)
"ATTIC" means the topmost usable storey of a building situated wholly or partly within a
roof, where at least 50 percent, but not more than 66 percent, of such storey is greater
than 2 metres in height.
(b)
"BASEMENT" means that portion of a building partially below ground level and having
fifty percent or more of its exterior wall area below the average finished grade.
(c)
"CELLAR" means that portion of a basement which is more than 60 percent below
finished grade, measured from finished floor to finished ceiling and having access only
from the exterior of the building.
(d)
"FIRST STOREY" or "GROUND FLOOR" means the storey having its floor level closest to
finished grade and its ceiling at least 2 metres (6.562 feet) above finished grade.
(e)
"SECOND STOREY" or "SECOND FLOOR" means the storey directly above the first
storey.
(329) "STREET" means a public highway or public road under the jurisdiction of either the
Corporation, the County or the Province of Ontario, and includes any highway as defined in The
Municipal Act, but does not include a lane or private right-of-way.
(a)
"COUNTY ROAD" means a street under the jurisdiction of the County.
(b)
"HIGHWAY" means a street under the jurisdiction of the Province of Ontario.
(c)
"IMPROVED STREET" means a highway as defined under the Municipal Act, and which
has been assumed for public use.
(d)
"MUNICIPAL ROAD" means any street that is both owned and maintained by the
Corporation.
(e)
"PRIMARY STREET" means a public highway that is 20 metres width or wider.
(f)
"PRIVATE ROAD" means a right-of-way existing on the day of passing of this By-Law,
which has not been dedicated as a street or accepted or assumed by the Corporation,
but is owned privately and which affords the principal means or access to abutting,
separately owned, legally conveyable parcels of land.
(g)
"SECONDARY STREET" means a public highway that is not less than 15 metres width and
not greater that 20 metres in width.
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(h)
"STREET ALLOWANCE" means land held under public ownership for the purpose of
providing a street.
(330) "STREET LINE" means a lot line dividing a lot from a street and is the limit of the street
allowance.
(331) "STREET WIDTH" means the horizontal distance between the street lines of a street, measured
along a line perpendicular to the said street lines.
(332) "STRUCTURE" means anything constructed or erected, the use of which requires location on or
in the ground, or attached to something located on or in the ground, but does not include the
permanent way of a railway, any paved surface located directly on the ground, a fence, sign, or
light fixtures.
(333) "STUDIO" means a building or part thereof, used as the workplace of a photographer, craftsman
or artist, or for the instruction of art, music, dancing, languages or similar disciplines. The sale of
any artefacts produced therein shall be permitted only as an accessory use.
(334) "SUPERVISED RESIDENCE" means a Group Home Type 1 with more than eight residents,
excluding staff or the receiving family.
(335) "SUPPORTIVE COMMUNITY HOME" means a residential building with central kitchen,
administrative, and possibly medical facilities and a number of housekeeping units or rooms
where not more than 20 senior citizens reside and receive care consistent with their needs,
either by on-site staff or through the visitation of various health care professionals.
(336) "SWIMMING POOL, PRIVATE OUTDOOR" means a privately owned pool whether or not in the
ground, capable of being used for swimming, wading, diving, or bathing and which when filled is
capable of containing a depth of 0.6 metres or more of water. For the purpose of regulations
pertaining to lot coverage in this By-law a "Private Outdoor Swimming Pool" is deemed not to be
a building or structure.
(337) "TAVERN" means an establishment where alcoholic beverages are sold to be consumed on the
premises and shall include all such buildings operating under the Liquor Licence Act, as amended
from time to time.
(338) "TAXI ESTABLISHMENT" means a property, site or building used as a dispatch office or an area,
site or location intended for the parking of taxis and/or limousines when not engaged in
transporting persons or goods.
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(339) "TEMPORARY USE" means a use that is authorized under the provisions of Section 38 of
the Planning Act, R.S.O. 1990, c. P.1
(340) "TEXTILE PROCESSING INDUSTRY" include man-made fibre and filament yard industries; spun
yard and woven cloth industries; knitted fabric industries; carpet, map and rug industries;
natural fibres processing industries; and clothing industries.
(341) "THEATRE" means a building, or part thereof, used for the presentation of the performing arts.
(342) "TRADESMAN'S SHOP" means an establishment where an individual who performs electrical,
plumbing, carpentry, landscape, or other similar trade work, primarily off site, may store his
materials and may have an office.
(343) "TRAILER" means any vehicle so constructed that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or propelled by a motor vehicle, or is self-propelled, and
capable of being used for temporary living or sleeping of persons therein for seasonal travel,
recreation and vacation activity, notwithstanding that such vehicle is jacked up or that its
running gear is removed. This definition shall include tent trailers, motor homes, truck campers,
or similar transportable accommodation but shall not include a mobile home as defined herein.
(344) "TRAILER, PORTABLE" means a structure constructed in such a manner to form a transportable
room or rooms to provide temporary shelter as a classroom or office.
(345) "TRAILER, RECREATIONAL" means any vehicle so constructed that it is suitable for being
attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle
and capable of being used for temporary living, sleeping or eating accommodation of persons,
notwithstanding that such vehicle is jacked up or that its running gear has been removed.
(346) "TRANSPORT TERMINAL" means a premises used for the transfer of goods primarily involving
loading and unloading of freight-carrying trucks, and accordingly, involving the storing, parking,
servicing and dispatching of freight-carrying trucks.
(347) "TRAVEL TRAILER PARK" means a parcel of land providing overnight or short-term
accommodation for travel trailers, recreational vehicles, campers or tent trailers.
(348) "TRIPLEX" - See "DWELLING, TRIPLEX DWELLING".
(349) "USE" means:
(a)
when used as a noun, the purpose for which a lot, building or structure, or any
combination or part thereof, is designed, arranged, occupied or maintained; or
(b)
when used as a verb, to put to such purpose.
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(350) "VEHICLE" means a passenger automobile or other motor vehicle, a boat, a farm implement, a
mobile home, a motor home, a snowmobile, a trailer, or any other device which is capable of
being drawn, propelled or driven by any kind of power, and includes a commercial vehicle as
defined herein, but does not include a bicycle or any other device, other than a boat, powered
solely by means of human effort.
(a)
"COMMERCIAL VEHICLE" means a vehicle licensed by the Province of Ontario,
(i)
as a public vehicle pursuant to the provisions of the Public Vehicles Act, as
amended from time to time, or any successors thereto, or
(ii)
as a public commercial vehicle, pursuant to the provisions of the Public
Commercial Vehicles Act, as amended from time to time, or any successors
thereto.
(b)
"RECREATIONAL VEHICLE" means a vehicle which provides sleeping and other facilities
for short periods of time, while travelling or vacationing, designed to be towed behind a
motor vehicle, or self-propelled, and includes such vehicles commonly known as travel
trailers, camper trailers, pick-up coaches, motorized campers, motorized homes or other
similar vehicles and shall include a recreational trailer as defined herein.
(351) "VEHICLE REPAIR GARAGE" means an establishment for the repair or replacement of parts in a
motor vehicle and, without limiting the generality of the foregoing, includes the repair,
replacement or reconditioning of mufflers, exhaust systems, shock absorbers, transmissions,
gears, brakes, clutch assemblies, steering assemblies, radiators, heating or cooling systems,
ignition systems, electrical systems, tires, wheels, windshields, windows and other mechanical
or electrical parts or systems, the installation of undercoating, engine tuning, lubrication and
engine conversion or replacement, but does not include an automobile body shop, an
impounding yard, an automobile service station or a gas bar.
(352) "VEHICLE REPAIR SHOP" means an establishment or part thereof which contains facilities for
the repair and maintenance of vehicles on the premises and in which vehicle accessories are
sold and vehicle maintenance and repair operations, including the repairing or painting of
vehicle bodies and the servicing of farm implements and related equipment, are performed in
return for remuneration, but does not include a body shop, wherein the repairing or painting of
vehicle bodies constitutes the primary activity, or any establishment engaged in the retail sale of
vehicle fuels.
(353) "VEHICLE SALES OR RENTAL ESTABLISHMENT" means an establishment engaged primarily in the
sale, rental or leasing of vehicles and vehicle accessories, with or without an accessory vehicle
repair shop or an accessory gasoline retail outlet, and includes an establishment engaged in the
sale of farm implements and related equipment.
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(354) "VETERINARIAN'S CLINIC" means a building or part thereof, with or without related structures,
wherein animals of all kinds are treated or kept for treatment by a registered veterinarian.
(355) "VIDEO RENTAL ESTABLISHMENT" means a building or part of a building used for the rental of
video tapes and equipment. Accessory uses may include the sale of video tapes and equipment
or convenience foods, restricted to an area not to exceed 10.0 square metres (107.6 sq. ft.).
(356) "WAR GAMES" means any form of play, sport or amusement which simulates war, armed
conflict or military operations.
(357) "WAREHOUSE" means a building or part of a building used for the storage and distribution of
goods, merchandise, substances, or materials.
(358) "WAREHOUSE, RETAIL" means a commercial establishment which has as a principal use, the
sale of merchandise to the public in a warehouse format, where all areas are accessible to the
public except for areas with accessory uses.
(359) "WAREHOUSE, PUBLIC SELF-STORAGE" means a building or part thereof where individual
storage areas are made available to the public for the storage or keeping of goods.
(360) "WAREHOUSING" means the storage of goods for remuneration or the storage of goods which
will be sold elsewhere or, subsequently, transported to another location for sale or
consumption. This does not include any other use specifically referred to or defined in this By-
Law.
(361) "WASTE MANAGEMENT / RESOURCE RECOVERY FACILITY" includes all facilities, equipment and
operation for the complete management of waste including the collection, landfilling, handling,
transportation, storage, processing, recovery and disposal thereof.
(362) "WASTE TRANSFER STATION" means a site and facilities used in the management and
processing of liquid and hazardous wastes, wastes and recyclable materials which has a
Provisional Certificate of Approval for such purposes under the Environmental Protection Act.
(363) "WASTE TREATMENT FACILITY" means a building or part thereof, used by waste processing
plants, water pollution control plants, sanitary landfill sites, and hazardous substance treatment
plants.
(364) "WATERCOURSE" means the natural or man-made channel of a body of water including, but not
so as to limit the generality of the foregoing, natural watercourses, open municipal drains,
ponds, reservoirs and lakes.
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(365) "WATER SYSTEM, PUBLIC" means a water distribution system consisting of piping, pumping and
purification appurtenances and related storage, owned and operated by the Corporation,
another municipality or the Ministry of the Environment.
(366) "WAYSIDE PIT" means an open excavation incidental to the construction or maintenance of a
street, and includes a wayside pit as defined in the Aggregate Resources Act, as amended from
time to time, or any successors thereto.
(367) "WHOLESALE ESTABLISHMENT" means a building or part thereof used for the selling of goods
for delivery from the premises to an industrial, commercial or institutional establishment or
organization and may include a showroom and/or display area open to the general public which
does not exceed 25% of the premises.
(368) "YARD" means an area of land which:
(i)
is appurtenant to, and located on the same lot as a building, structure or
excavation; and
(ii)
is open uncovered and unoccupied from the ground to the sky, except for such
accessory buildings, structures or other uses as are specifically permitted thereon
elsewhere in this By-Law.
(b)
"FRONT YARD" means a yard extending across the full width of a lot between the front
lot line of such lot and the nearest part of any building, structure or excavation on such
lot.
(c)
"FRONT YARD DEPTH" means the shortest horizontal dimension of a front yard between
the front lot line of a lot and the nearest part of any building, structure open storage or
excavation on such lot.
(d)
"REAR YARD" means a yard extending across the full width of a lot between the rear lot
line of such lot, or, where there is no rear lot line, the junction point of the side lot lines,
and the nearest part of any building, structure or excavation on such lot.
(e)
"REAR YARD DEPTH" means the shortest horizontal dimension of a rear yard between
the rear lot line of a lot or, where there is no rear lot line, the junction point of the side
lot lines, and the nearest part of any building, structure or excavation on such lot.
(f)
"SIDE YARD" means a yard extending from the front yard to the rear yard of a lot and
from the side lot line of such lot to the nearest part of any building, structure or
excavation on such lot.
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(g)
"SIDE YARD WIDTH" means the shortest horizontal dimension of a side yard between
the side lot line of a lot and the nearest part of any building, structure or excavation on
such lot.
(h)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a street or abutting a
reserve on the opposite side of which is located a street.
(i)
"INTERIOR SIDE YARD" means a side yard other than an exterior side yard.
(j)
"REQUIRED YARD" means that part of a yard which:
(i)
is located adjacent to a lot line;
(ii)
has the minimum front yard depth, rear yard depth or side yard width required
hereby or is situated closer to the centerline than the setback required therefrom;
and
(iii)
does not contain or include any buildings, structures, open storage or excavations
except where this By-Law specifically provides otherwise.
(369) "ZONE" means a designated area of land use shown on Schedule "A" hereto.
(370) "ZONED AREA" means all those lands lying within the corporate limits of the Town of Aylmer.
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ILLUSTRATION OF BUILDING HEIGHT DEFINITION
ROOF SURFACE
EXTERIOR WALL ABOVE THE TOP
ROOF OF A BUILDING
SURFACE
AVERAGE
FINISHED
GRADE
FRONT OF
BUILDING
FLAT ROOF/ DECK
ROOF
FRONT
FRONT
SIDE
SIDE
ONE SLOPE ROOF
MANSARD ROOF
RIDGES
EAVES
FRONT
SIDE
ALL OTHER ROOF
TYPES
NOTE: THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND
CONVENIENCE ONLY AND DO NOT FORM PART OF THIS
BY-LAW
AVERAGE LEVEL
AVERAGE LEVEL
>20 DEGREES
BUILDING HEIGHT
BUILDING HEIGHT
BUILDING HEIGHT
BUILDING HEIGHT
BUILDING HEIGHT
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ILLUSTRATION OF LOT DEFINITIONS
LOT FRONTAGE
CONVEX CURVED FRONT LOT LINE
NO REAR LOT LINE
CHORD
6m
LOT FRONTAGE
SIDE LOT
LINE
LOT DEPTH
FRONT AND REAR LINES
ARE NOT PARALLEL
MID POINT OF
FRONT LOT LINE
LOT
DEPTH
SIDE LOT
LINE
POINT OF INTERSECTION OF
SIDE LOT LINES
MID POINT OF
REAR LOT LINE
REAR LOT LINE
SIDE LOT LINES INTERSECT
LOT FRONTAGE MEASURED ALONG A LINE 6 METRES BACK
FROM AND PARALLEL TO THE CHORD OF THE FRONT LOT
LINE.
LOT FRONTAGE
LOT LINES ARE NOT PARALLEL
LOT
DEPTH
FRONT LOT LINE
MID POINT OF
FRONT LOT LINE
SIDE LOT LINE
LOT FRONTAGE
SIDE LOT LINE
POINT OF INTERSECTION OF
SIDE LOT LINES
SIDE LOT LINE
6m
REAR LOT LINE
THROUGH LOT
INTERIOR
LOT
CORNER
LOT FRONTAGE
SIDE LOT LINES ARE PARALLEL
LOT FRONTAGE MEASURED ALONG A LINE 6
METRES BACK FROM AND PARALLEL TO THE
CHORD OF THE FRONT LOT LINE
LOT, CORNER
INTERIOR
SIDE LOT LINE
LOT
LOT FRONTAGE
CONCAVE CURVED
LOT DEPTH
REAR LOT LINE
LOT DEPTH
FRONT AND REAR LOT
LINES ARE PARALLEL
LOT, CORNER
FRONT LOT LINE
= FRONTAGE
REAR
LOT LINE
MAXIMUM 135
CORNER
FRONT LOT LINE
6m
CURVED SIDES
FRONT
EXTERIOR
LOT LINE
SIDE
SIDE LOT LINE
CHORD
MAXIMUM
135
PROJECTION OF
TANGENTS
LOT LINE
MID POINT OF ARC =
CORNER OF LOT
LOT
FRONTAGE
LOT FRONTAGE MEASURED ALONG A LINE 6
METRES BACK FROM AND PARALLEL TO THE
CHORD OF THE FRONT LOT LINE
NOTE: THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND
CONVENIENCE ONLY AND DO NOT FORM PART OF THIS
BY-LAW
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DEFINITIONS
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58
ILLUSTRATION OF YARD
DEFINITIONS
SIDE LOT LINE
LOT DEPTH
LOT FRONTAGE
REAR
LOT LINES
REQUIRED
REAR YARD
REAR YARD
OF BUILDING
INTERIOR
SIDE LOT LINE
REAR YARD
OF BUILDING
REQUIRED
REAR YARD
SIDE LOT
LINE
INTERIOR
SIDE YARD
FOR BUILDING
REQUIRED
EXTERIOR
SIDE YARD
EXTERIOR
SIDE YARD
FOR BUILDING
REQUIRED
INTERIOR
SIDE YARDS
INTERIOR
SIDE YARD
FOR BUILDING
BUILDING
REQUIRED
INTERIOR
SIDE YARD
INTERIOR
SIDE YARD
FOR BUILDING
REQUIRED
SETBACKS
REQUIRED
SETBACKS
REQUIRED
FRONT YARD
FRONT YARD
OF BUILDING
REQUIRED
FRONT YARD
FRONT YARD
OF BUILDING
REQUIRED
SETBACK
STREET LINE
OR EXTERIOR
SIDE LOT LINE
STREET LINE
OR FRONT LOT LINE
CENTRELINE OF STREET
BUILDING ENVELOPE
NOTE: THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND
CONVENIENCE ONLY AND DO NOT FORM PART OF THIS
BY-LAW
BUILDING
CENTRELINE OF STREET
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SECTION 3
GENERAL PROVISIONS
1) ACCESSORY USES
(a)
ACCESSORY USES PERMITTED IN ALL ZONES
Where this By-Law permits a lot to be used or a building or structure to be erected or
used for a purpose, and the purpose exists, that purpose shall include any building,
structure or use accessory thereto, except that no home occupation, open storage or
accessory dwelling unit shall be permitted in any zone other than a zone in which such a
use is specifically listed as a permitted use.
(b)
LOT COVERAGE
The total lot coverage of all accessory buildings and structures, including any accessory
dwelling unit located in an accessory building, shall not exceed 15% of the lot area of the
said lot to a maximum building size, as outlined below. The area of an open swimming
pool shall not be included when determining lot coverage.
(c)
ACCESSORY BUILDINGS AND STRUCTURE SIZE REQUIREMENTS
Within any residential zone, an accessory building or structure shall not exceed 75
square metres. The total area of an accessory building may not exceed the gross floor
area of the main building, except in Industrial Zones.
(d)
HEIGHT RESTRICTIONS
No accessory building or structure in any zone other than an Industrial or Agricultural
Zone shall exceed 5.5 metres in height at its highest point as per Section 2(144).
(e)
YARD REQUIREMENTS
Any accessory building or structure shall comply with the zone requirements and all
other provisions hereof applicable to the zone in which such accessory building or
structure is located, except that nothing in this By-Law shall apply to prevent the
erection of:
(i)
a building or structure accessory to a single dwelling, anywhere in an interior side
yard or a rear yard, provided that such accessory building or structure is not
located closer than 1.2 metres to any lot line;
(ii)
notwithstanding (i), location requirements for accessory buildings and structures
containing an additional residential unit shall be defined separately;
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(iii)
a mutual garage with a party wall astride a side lot line in a Residential Zone, shall
be constructed to provide a proper fire separation, and, such mutual garage is not
located in a required front yard, nor closer than 1.5 metres to any portion of a
rear lot line, unless that portion of the rear lot line adjoins the interior side yard of
the adjoining lot; the distance shall be no closer than 4 metres, and in no case
shall any such accessory building be built closer than 7 metres to any street line;
(iv)
a gatehouse, anywhere in a front yard or exterior side yard in an Industrial Zone;
(v)
a swimming pool, in accordance with the provisions of Section 3(22) of this By-
Law; or
(vi)
a boat house or boat dock at the edge of a watercourse.
2) ACCESS REGULATIONS
No person shall hereafter erect any main building or structure on any lot in any zone unless such
lot or an adjacent lot held under the same ownership abuts an improved street or a reserve on
the opposite side of which is located an improved street, except that this provision shall not
apply to a lot located on a plan of subdivision registered subsequent to the date of the passing
of this By-Law.
Private streets in a Residential Zone that existed on the date of passage of this By-law shall be
considered as improved streets despite the fact that such private streets have not been
assumed by the Corporation. This provision shall only have the effect for the purpose of applying
certain regulations of this By-law and not to consideration and granting of consents. This
provision shall not imply any obligation on the Corporation to assume and/or develop any
private street into an improved street, or to maintain it for private or public purposes.
3) ADDITIONAL RESIDENTIAL UNITS
Where in this by-law a single detached, semi-detached or townhouse dwelling unit is
listed as a permitted use and is located on an individual lot, two additional residential
units shall also be permitted, subject to the following:
Requirements applicable to all additional residential units:
(i)
Confirmation of full municipal services with sufficient capacity and utility
connections;
(ii) Provision of one (1) dedicated parking space per additional residential unit;
(iii) Provision of an independent entrance to the unit, either directly from the outside
or through a common vestibule or shared space;
(iv) Compliance with all applicable Ontario Building Code and Ontario Fire Code
regulations and municipal permitting requirements, as amended from time to
time;
(v) Excluded from density calculations;
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(a) A maximum of two additional residential units shall be located within a single detached,
semi-detached or townhouse dwelling; or a maximum of one additional residential unit shall
be located within a single detached, semi-detached or townhouse dwelling and one
additional residential unit shall be located within an accessory building.
(b) Where an additional residential unit is located within a single detached, semi-detached or
townhouse dwelling:
(i)
Compliance with zone setback and depth requirements;
(ii)
Maximum floor area shall not exceed 40% of the main dwelling unit, except I the
case of a basement where the full basement space may be occupied by an
additional residential unit; and,
(iii)
Minimum floor area shall be consistent with Ontario Building Code
requirements, as amended from time to time.
(c) Where an additional residential unit is located within an accessory building:
(i)
Compliance with general provisions for accessory buildings and setback at least
3 metres from the main building;
(ii)
Maximum floor area of additional residential unit shall not exceed the lesser of
75 square metres or 15% of the lot area;
(iii)
Minimum floor area shall be consistent with Ontario Building Code
requirements, as amended from time to time; and,
(iv)
No severance shall be permitted.
4) BUILDING ADDITIONS
Where the erection of one or more additional storeys is proposed on a building where the
existing yards appurtenant to such building would not conform to the requirements of this By-
Law subsequent to such erection, no such erection shall be permitted except where:
(i)
the addition is located so as to comply with the yard requirements of this By-Law at the
level of the base of such addition; and
(ii)
the addition complies in all other respects with the provisions of this By-Law.
5) DWELLING UNITS
(a) LOCATION WITHIN NON-RESIDENTIAL BUILDING
Where a dwelling unit is located within or attached to a non-residential building, such
building and dwelling unit shall comply with the yard requirements of this By-Law which
apply to the said non-residential building provided that any wall containing a window of
a habitable room shall be located not less than 2.5 metres from any side lot line.
(b) LOCATION WITHIN BASEMENT OR CELLAR
(i) No dwelling unit shall be located in its entirety within a cellar. If any portion
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of a dwelling unit is located in a cellar, such portion shall be for non-
habitable rooms only.
(ii) A dwelling unit or part thereof may be located in a basement provided the fin-
ished floor level of such basement is not below the level of any sanitary or
storm sewer servicing the building or structure in which such basement is
located.
(c) DWELLING UNIT AREA (MINIMUM)
Dwelling units shall conform with the minimum space requirements, room sizes and
floor areas as outlined in the Ontario Building Code, as amended.
6) GRADING
(a)
EXCAVATIONS
No person shall make any excavations or remove any topsoil, earth, sand or gravel from
any lot, alone or in conjunction with any construction work, unless the written
permission of the Chief Building Official or a building permit with respect to such
construction work has first been obtained, and except in accordance with any
requirements of the Corporation with respect to retention of topsoil, grading and
finished elevations.
(b)
DUMPING
No person shall use any lot for dumping or otherwise depositing or storing any topsoil,
earth, sand, gravel or fill unless written permission has first been obtained from the
Chief Building Official.
(c) DRAINAGE AND PLACEMENT OF DOWNSPOUTS
Drainage and placement of downspouts shall occur in accordance with the Drainage Act.
7) GROUP HOMES
Notwithstanding any other provisions of this By-Law to the contrary, a Group Home Type 1 may
be permitted in any single dwelling unit provided there is no Group Home Type 1 or similar
facility within 100 metres from the proposed facility and the dwelling unit has a minimum floor
area of 18.5 square metres per person residing within the unit. Group Homes Type 1 must be
registered with the municipality.
Group Homes Type 2 and Supervised Residences are permitted only within the zones as
specified as a permitted use. In order to prevent concentrations of Group Home Type 2 uses
within specific areas, and notwithstanding their being listed as a permitted use, a minimum
separation between facilities shall be 300.0 metres measured in any one direction.
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8) HEIGHT RESTRICTIONS
Unless otherwise specifically provided elsewhere herein, no building or structure anywhere
within the zoned area shall exceed 10 metres in height, and a fence shall not exceed 1.8 metres,
except that neither this provision nor any other provision of this By-Law shall apply to restrict
the height of any of the following structures:
(a) an antenna;
(b) grain elevators;
(c) grain dryers;
(d) a belfry;
(e) a chimney;
(f) a church spire;
(g) a clock tower;
(h) a cracking tower;
(i) an elevator or stairway penthouse;
(j) a flag pole;
(k) a hydro-electric transmission tower;
(l) an ornamental structure;
(m) a precipitating tower;
(n) a radio or television antenna;
(o) a silo;
(p) a steeple or cupola;
(q) a structure containing heating, cooling, or other mechanized equipment attached to
such building;
(r) a water tower;
(s) a windmill
9) HOME OCCUPATION - RESIDENTIAL
No home occupation shall be permitted within any Residential Zone except in accordance with
the following provisions:
(a) A home occupation shall be accessory to a dwelling occupied by the owner or tenant
thereof as his principal residence and located within a zone in which a home occupation
is specifically listed as a permitted use.
(b) At no time shall any home occupation employ anyone other than a person residing
within the dwelling unit to which such home occupation is accessory.
(c) The home occupation shall be clearly incidental and secondary to the main residential
use to which it is accessory, shall not change the residential character of the dwelling
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and shall be contained within the dwelling unit. No more than 25% of the dwelling unit
may be devoted to a home occupation use.
(d) There shall be no display of sign or product to indicate to persons outside that any part
of the dwelling unit is being used for a purpose other than residential other than a non-
illuminated sign located on the dwelling no larger than 0.6 square metre.
(e) No home occupation shall create or become a public nuisance, as defined by Council,
particularly with regard to noise, traffic, emissions, parking or radio or television
interference, nor shall any open storage be permitted in conjunction with a home
occupation.
(f) Home occupations shall be limited to such occupations as insurance agents, sales
agents, accountant, telephone sales, computer graphics, seamstress/tailor, artists, music
teacher, crafts, hobbies, tradesman, hairdresser/barber, caterer/baker, and child care.
(g) A home occupation may also include a bed and breakfast establishment so long as there
is sufficient off-street parking in accordance with the parking regulations of this By-Law.
(h) None of the following uses shall be considered home occupations, except where such
uses are specifically permitted herein:
(i)
a body shop or car repair;
(ii)
a convenience store;
(iii)
a funeral home;
(iv)
a hospital;
(v)
a restaurant;
(vi)
a salvage yard;
(vii) a transport terminal;
(viii) a veterinarian's clinic.
10) LANDSCAPING
(a)
LANDSCAPED OPEN SPACE
Landscaped open space shall be provided in accordance with the zone provisions set out
herein for each zone and the following general provisions:
(i)
Any part of a lot which is not occupied by buildings, structures, parking areas,
loading spaces, driveways, excavations, agricultural use or permitted outdoor
storage areas shall be maintained as landscaped open space.
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(ii) Except as otherwise specifically provided herein, no part of any required front
yard or required exterior side yard shall be used for any purpose other than
landscaped open space.
(iii) Where landscaped open space of any kind, including a planting strip, is required
adjacent to any lot line or elsewhere on a lot, nothing in this By-Law shall
apply to prevent such landscaped open space from being traversed by
pedestrian walk- ways or permitted driveways.
(iv) No part of any driveway, parking area, loading space, stoop, roof-top terrace,
balcony, swimming pool or space enclosed within a building, other than a
land- scaped area located above an underground parking area, shall be
considered part of the landscaped open space on a lot.
(b) PLANTING STRIPS
(i)
Where the lot line of a lot containing a non-residential use and located in a Commercial
Zone or Industrial Zone abuts a lot in a Residential Zone, or abuts a street on the
opposite side of which is located a lot in a Residential Zone, then that part of the lot
containing such non-residential use or directly adjoining the said lot line shall be used for
no purpose other than a planting strip having a minimum width of 3 metres measured
perpendicularly to the said lot line.
(i)
Where a fence, a wall, a row of trees or a hedgerow is provided as part of a planting strip
required by this By-Law, such fence, wall, row of trees or hedgerow shall be designed to
have an ultimate height of not less than 1.5 metres above the elevation of the ground at
the nearest lot line, except that within a sight triangle the maximum height of any
landscaping materials shall be 0.6 metres.
(ii)
Where a planting strip required hereby is traversed by a pedestrian walkway or by a
driveway, in accordance with Paragraph (iii) of Clause (a) of this Subsection, such planting
strip shall not be required to extend closer than 1 metre to the edge of such walkway or
2 metres closer to the edge of such driveway, provided that any intervening space
between the said planting strip and the said walkway or drive- way is maintained as
landscaped open space.
11) LIGHTING
Lighting fixtures designed to provide exterior illumination on any lot shall be installed with the
light directed or deflected away from adjacent lots and streets and shall not be similar to traffic
lights.
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12) LOADING SPACE REGULATIONS
(a)
LOADING SPACES REQUIRED
The owner or occupant of any lot, building or structure used or erected for any purpose
involving the receiving, shipping loading or unloading of animals, goods, wares,
merchandise or raw materials, shall provide and maintain, on the same lot, facilities
comprising one or more loading spaces in accordance with the provision of this
Subsection.
(b)
LOADING SPACE REQUIREMENTS (MINIMUM)
The number of loading spaces required on a lot shall be based on the total net floor area
of all the uses on the said lot for which loading spaces are required by Clause (a) of this
Subsection, in accordance with the following:
(i)
less than 250 square metres of total net floor area - 0 loading spaces;
(i)
over 250 square metres up to and including 500 square metres of net floor area -1
loading space;
(ii)
over 500 square metres up to and including 2,500 square metres of net-floor
area - 2 loading spaces;
(iii)
over 2 500 square metres up to and including 7,500 square metres of net-floor
area - 3 loading spaces;
(iv)
over 7,500 square metres of net-floor area - 3 loading spaces plus 1 additional
loading space for each 10,000 square metres or part thereof of total net floor area
in excess of 7,500 square metres.
(c)
DIMENSIONS OF LOADING SPACES
A loading space required hereby shall have minimum dimensions of 3.5 metres by 10
metres and a minimum vertical clearance of 4 metres.
(d)
LOCATION OF LOADING SPACES
Required loading spaces shall be provided on the same lot occupied by the building or
structure for which the said loading spaces are required, and shall not form a part of any
street or lane.
(e)
YARDS WHERE PERMITTED
Loading spaces shall be permitted in any yard, except that:
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(i)
no part of any loading space shall be located in the front yard or closer than 3 metres to
any lot line; and
(i)
in the case of a through lot, no loading spaces shall be permitted in any part of the front
yard.
(f)
ACCESS TO LOADING SPACES
Access to loading spaces shall be provided by means of one or more unobstructed
driveways which:
(i)
have a minimum unobstructed width of at least 3.5 metres, regardless of the
direction of traffic flow thereupon, and provide sufficient space to permit the
manoeuvring of vehicles on the lot so as not to obstruct or otherwise cause a
hazard on adjacent streets;
(ii)
re contained within the lot on which such loading spaces are located and lead
either to an improved street or to a lane; and
(iii)
comply in all other respects with the requirements for driveways providing access
to parking areas and spaces set out in Subsection (18) of this Section.
(g)
SURFACE AND DRAINAGE OF LOADING SPACES AND DRIVEWAYS
(i)
All loading spaces and driveways providing access thereto shall be provided and
maintained with a stable surface, treated so as to prevent the raising of dust or
loose particles. Loading spaces and driveways required for all Commercial Zones
shall be either asphalt, concrete or other hard surfaced material. All other
required loading spaces and driveways may be crushed stone or gravel.
(ii)
The access point to the loading area shall be well defined.
(h)
ADDITION TO EXISTING USE
When a building or structure has insufficient loading spaces on the date of passing of
this By-Law to comply with the requirements herein, (this By-Law shall not be
interpreted to require that the deficiency be made up) prior to the construction of any
addition, any loading spaces required by this By-Law for such addition shall be provided
in accordance with all provisions hereof respecting loading spaces.
(i)
EXEMPTION FOR C1 ZONES
Notwithstanding any other provision hereof to the contrary, no loading spaces shall
be required for any building, structure or use located within a C1 Zone.
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13) LOTS WITH MORE THAN ONE USE OR ZONE
(a) MORE THAN ONE USE
(i)
Where a lot contains more than one permitted use defined separately herein, other
than an accessory use, each such use shall conform to the provisions of this By-Law
which are applicable to such use in the zone in which the said lot is located as if such
use existed independently of any other use.
(ii)
Where standards or provisions pertaining to two or more uses on one lot are in
conflict, the highest or most restrictive standards or provisions shall prevail.
(b) MORE THAN ONE ZONE
Where the use or uses of a lot divided into two or more zones are permitted in all such
zones, the said lot shall be considered to be a single lot as defined herein and the
highest or most restrictive zone requirements pertaining to such use or uses in all the
said zones shall apply throughout the said lot.
14) MUNICIPAL SERVICES REQUIRED
Notwithstanding any other provisions of this By-Law, no land shall be used nor any buildings or
structures erected or used unless, pursuant to an agreement made or condition imposed under
Sections 41, 45, 51 or 53 of the Planning Act or Section 50 of the Condominium Act, dealing with
the provision of any of the municipal services as are set out in this By-Law, the municipal
services to be provided are available to service the land, buildings or structures, as the case may
be.
15) NON-CONFORMING USES AND LOTS
(a) REBUILDING OR REPAIR PERMITTED
Nothing in this By-Law shall prevent the rebuilding or repair of an existing use, building,
or structure, even though such use, building, or structure or the lot on which such use,
building, or structure is located does not conform to one or more of the provisions of
this By-Law, provided that the dimensions of the original building or structure are not
increased, the use thereof is not altered, and the yards appurtenant thereto are not
reduced except in accordance with the provisions of this By-Law.
(b) EXTENSIONS PERMITTED AND EXISTING YARDS RECOGNIZED
Nothing in this By-Law shall prevent a vertical or horizontal extension or addition from
being made to an existing or permitted building or structure on a lot, even though such
building, structure or lot or the use thereof does not conform to one or more of the
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provisions of this By-Law, provided such extension or addition itself is designed, used
and otherwise is in compliance with the provisions of this By-Law, except that all yards
appurtenant to an existing building or structure shall be deemed to conform to the yard
and setback requirements of this By-Law, notwithstanding that the width or depth of
such yards might be less than that required elsewhere herein.
(c) LOT AREA OR LOT FRONTAGE LESS THAN REQUIRED
Where a lot having a lesser lot area or lot frontage than that required hereby:
i.
is or has been held under distinct and separate ownership from abutting lots or
was legally created prior to the passing of this By-Law; or
ii.
is created as a result of an expropriation; and
iii.
if within a Residential Zone has at least 6.0 m frontage;
then the said lot shall be deemed to conform to the requirements of this By-Law with
respect to the lot area or lot frontage, and the provisions hereof respecting lot area and
lot frontage shall not apply to prevent the use of a permitted building or structure
thereupon, in accordance with all other provisions hereof.
(d) SUBSEQUENT CONSENT AND/OR CONDOMINIUM ACT
Where the development of any land is approved under Section 41 of the Planning Act,
and pursuant to a consent subsequently given under Section 53 of the Act or pursuant to
an approval or exemption subsequently given under Section 50 of the Condominium Act,
any part of the land is conveyed or otherwise dealt with, the regulations of this By-Law
are hereby deemed to apply to the land as a whole and to any building or structure
thereon in the same manner and to the same extent as if the consent, approval or
exemption was not given, so long as the land and any building or structure thereon are
used and continue to be used for the purpose for which the development was approved.
16) OPEN STORAGE
(a) OPEN STORAGE REGULATIONS
Except as specifically listed as a permitted use in a zone, no open storage shall be
permitted on any lot in any zone, except in accordance with the following provisions:
i.
No open storage area shall be permitted in any required yard or, except in the
case of an agricultural use or the outside display and sale of goods and materials
in conjunction with a permitted commercial use, in any part of a front yard or
exterior side yard.
ii.
No open storage area shall be located closer than 1 metre to any lot line.
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iii.
No open storage area shall be visible from any street or from any adjacent lot,
where such adjacent lot is located in a zone other than a Commercial Zone or an
Industrial Zone, and to this end any open storage area shall be screened,
wherever necessary in order to comply with this provision, by a planting strip
containing an opaque fence, wall or other opaque barrier not less than 2 metres
in height, except that this provision shall not apply to any storage area accessory
to an agricultural use or to the outside display and sale of goods and materials in
conjunction with a permitted commercial use or industrial use.
iv.
Any open storage area shall be maintained as landscaped open space or provided
and maintained with a stable surface, treated so as to prevent the raising of dust
or loose particles and drained in accordance with the requirements of the
Corporation, except that this provision shall not apply to any storage area
located on a lot whereon the main use is an agricultural use.
v.
Notwithstanding Paragraph (iv) of this Clause, no open storage area shall be
considered part of any landscaped open space required hereby.
vi.
No parking spaces or loading spaces required by this By-Law shall be used for
open storage purposes.
17) OUTDOOR PATIO ASSOCIATED WITH A RESTAURANT
Notwithstanding any other provisions of this By-Law, the following shall apply to an outdoor
patio associated with a permitted restaurant:
(a) CAPACITY
No outdoor patio shall accommodate more than 50 percent (50%) of the licensed
capacity of the restaurant with which the patio is associated, or 50 persons, whichever is
the greater.
(b) LOCATION
i.
No outdoor patio shall be permitted where any lot line adjoins lands which are in
a residential zone class which is not in combination with another zone, or is
separated therefrom by a lane.
ii.
Notwithstanding the provisions of paragraph (i), where only the rear lot line
adjoins a residential zone class which is not in combination with another zone, or
is separated therefrom by a lane, an outdoor patio shall be permitted in the front
yard.
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iii.
No outdoor patio shall be located above the elevation of the floor of the first
storey of the principal building where the lot adjoins a residential zone class
which is not in combination with another zone, or is separated therefrom by a
lane.
(c) LIGHTING
Any outdoor lighting shall be directed toward or onto the patio area and away from
adjoining properties and streets.
(d) LOADING
Notwithstanding Subsection 3(12), no loading space shall be required for an outdoor
patio restaurant.
(e) ENTERTAINMENT
No music (whether performed live or recorded), dancing or other forms of
entertainment shall be permitted.
(f) PARKING
Parking spaces shall be required for the gross floor area associated with the outdoor
patio at the same ratio as for restaurants.
18) PARKING REGULATIONS
(a) PARKING SPACES REQUIRED
With the exception of the C1 Zone, or unless otherwise provided herein, the owner or
occupant of any lot, building or structure used or erected for any of the purposes set
forth in Clause (b) and Clause (c) of this Subsection, shall provide and maintain, for the
sole use of the owner, occupant or other persons entering upon or making use of the
said lot, building or structure from time to time, one or more parking spaces in
accordance with the provisions of this Subsection. In addition to the parking spaces
required by Section 3(18)(b) and 3(18)(c) where the parking requirement for any use is
in excess of twenty (20) spaces, one (1) space out of the first twenty (20) spaces
required and one additional space out of each additional one hundred (100) spaces or
portion thereof, shall be provided near and accessible to the building and clearly marked
for the parking of vehicles used by the physically handicapped person or persons.
Parking spaces for the physically handicapped shall have a minimum width of 3.7 metres
and a minimum length of 6.0 metres.
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(b) PARKING SPACE REQUIREMENTS FOR RESIDENTIAL USES (MINIMUM)
i.
Apartment Building
1.25 per unit plus 0.25 per unit for
visitors
ii.
Apartment Building, Senior
Citizens
0.25 per unit
iii.
Apartment Hotel
1.25 per unit
iv.
Cluster Housing
See Specific Dwelling Type
v.
Converted Dwelling
1 per unit
vi.
Duplex
1 per unit
vii.
viii.
Group Home
2 spaces
ix.
Lodging House
0.33 per unit
x.
Mobile Home
1 per unit
xi.
Multiple Dwelling
1.5 per unit plus 0.25 per unit for
visitors
xii.
Quadruplex Dwelling
5 spaces
xiii.
Townhouse
1.5 per unit plus 0.25 per unit for
visitors
xiv.
Semi-Detached Dwelling
2 per unit
xv.
Single Detached
2 per unit
xvi.
Special Needs Apartment
Building
0.25 per unit
xvii.
Stacked Townhouse
1.4 per unit
xviii.
Street Townhouse
2 per unit
xix.
Triplex
1 per unit
(c) PARKING SPACE REQUIREMENTS FOR NON-RESIDENTIAL USES (MINIMUM)
i.
Abattoir
1 per 90 m² (969 sq. ft.)
ii.
Adult Entertainment
Parlour
1 per 10 m² (108 sq. ft.)
iii.
Agricultural Service
Establishment
1 per 30 m² (323 sq. ft.)
iv.
Agricultural Supply
Establishment
1 per 30 m² (323 sq. ft.) for
retail showroom, plus 1 per 200
m² (2,153 sq. ft.) for
warehousing/ wholesaling
v.
Amusement Game
Establishment
1 per 25 m² (269 sq. ft.)
vi.
Amusement Park
See appropriate components as
proportioned
SECTION 3
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vii.
Arena (No Seats)
1 per 35 m² (376 sq. ft.)
viii.
Arena (With Seats)
1 per 8 seats
ix.
Art Gallery
1 per 50² (538 sq. ft.)
x.
Assembly Hall
1 per 8 seats or 1 per 35 m²
(376 sq. ft.) whichever is greater
xi.
Auction Establishment
1 per 30 m² (323 sq. ft.)
xii.
Automobile Rental
Establishment
1 per 25 m² (269 sq. ft.)
xiii.
Automobile Sales &
Service Establishment
See Vehicle Sales and Rental
Establishment
xiv.
Automobile Service
Station
6 per bay
xv.
Automobile Supply Store
1 per 25 m² (269 sq. ft.)
xvi.
Bake Shop
1 per 25 m² (269 sq. ft.)
xvii.
Bakery
1 per 100 m² (1,076 sq. ft.)
xviii.
Banquet Hall
See Assembly Hall
xix.
Bed and Breakfast
Establishment
1 per bedroom utilized plus 1
for the dwelling unit
xx.
Body Rub Parlour
1 per 40 m² (431 sq. ft.)
xxi.
Body Shop
1 per 30 m² (323 sq. ft.)
xxii.
Bowling Alley
See Commercial Recreation
Establishment
xxiii.
Brewing on Premises
Establishment
1 per 40 m² (431 sq. ft.)
xxiv.
Builder's / Contractor's
Yard
1 per 90 m² (969 sq. ft.)
xxv.
Building or Contracting
Establishment
See Manufacturing
Establishment
xxvi.
Building Supply Outlet
1 per 30 m² (323 sq. ft.) for
retail/showroom plus 1 per 200
m² (2,153 sq. ft.) for
warehousing/wholesaling
xxvii.
Bulk Beverage
Establishment
1 per 30 m² (323 sq. ft.)
xxviii.
Bulk Sales Establishment
1 per 30 m² (323 sq. ft.)
xxix.
Business Service
Establishment
1 per 50 m² (538 sq. ft.)
xxx.
Car Wash
3 spaces
xxxi.
Catalogue Store
See Retail Store
xxxii.
Caterer's Establishment
1 per 200 m² (2,153 sq. ft.)
xxxiii.
Chemical Plant
1 per 90 m² (969 sq. ft.)
xxxiv.
Chronic Care Facility
See Nursing Home
SECTION 3
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xxxv.
Cinema
1 per 8 seats
xxxvi.
Clinic
1 per 20 m² (215 sq. ft.)
xxxvii.
Commercial Outdoor
Recreation Facility
1 per 1000 m² (10,764 sq. ft.)
xxxviii.
Commercial Recreation
Establishment
1 per 30 m² (323 sq. ft.)
xxxix.
Commercial School
See School
xl.
Commercial Storage Unit
1 per 200 m² (2,153 sq. ft.)
xli.
Community Centre and
Hall
1 per 8 seats or 1 per 35 m²
(376 sq. ft.) whichever is greater
xlii.
Continuum-of-Care Facility
See Appropriate Components as
Proportioned
xliii.
Convenience Store
1 per 30 m² (323 sq. ft.)
xliv.
Data Processing
Establishment
1 per 40 m² (430 sq. ft.)
xlv.
Day Care Facility
1 per 40 m² (430 sq. ft.)
xlvi.
Department Store
1 per 30 m² (323 sq. ft.)
xlvii.
Driving Range (Golf)
1.5 per tee
xlviii.
Drug Store
See Pharmacy
xlix.
Dry Cleaning and Laundry
Depot
1 per 25 m² (269 sq. ft.)
l.
Dry Cleaning and Laundry
Plant
1 per 200 m² (2,153 sq. ft.)
li.
Dry Cleaning
Establishment
1 per 50 m² (538 sq. ft.)
lii.
Duplicating Shop
1 per 25 m² (269 sq. ft.)
liii.
Electrical and Electronic
Products
See Manufacturing
Establishment
liv.
Emergency Care
Establishment
1 per 40 m² (430 sq. ft.)
lv.
Factory Outlet
1 per 90 m² (969 sq. ft.)
lvi.
Film Processing Depot
1 per 25 m² (269 sq. ft.)
lvii.
Financial Institution
1 per 30 m² (323 sq. ft.)
lviii.
Fire Station
1 per 1.5 employees
lix.
Florist Shop
See Retail Store
lx.
Food Processing Plant
1 per 90 m² (969 sq. ft.)
lxi.
Food Store
1 per 25 m² (269 sq. ft.)
lxii.
Food, Tobacco and
Beverage Processing
See Manufacturing
Establishment
lxiii.
Fuel Storage Depot/Supply
1 per 90 m² (969 sq. ft.)
SECTION 3
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Yard
lxiv.
Funeral Home
Greater of 1 per 20 m² (215 sq.
ft.) or 20 spaces
lxv.
Gallery
See Art Gallery
lxvi.
Garden Centre
1 per 30 m² (323 sq. ft.)
lxvii.
Gas Bar
3 spaces
lxviii.
General Manufacturing
See Manufacturing
Establishment
lxix.
Golf Course
9 per tee
lxx.
Grocery Store
See Food Store
lxxi.
Hardware Store
1 per 25 m² (269 sq. ft.)
lxxii.
Home and Auto Supply
Store
1 per 25 m² (269 sq. ft.)
lxxiii.
Home Appliance Store
1 per 30 m² (323 sq. ft.)
lxxiv.
Home Decorating Store
1 per 30 m² (323 sq. ft.)
lxxv.
Home Furnishings Store
1 per 30 m² (323 sq. ft.)
lxxvi.
Home Improvement Store
1 per 30 m² (323 sq. ft.)
lxxvii.
Homes for the Aged
See Rest Home
lxxviii.
Hospital
1.25 per bed
lxxix.
Hotel
1.25 per unit
lxxx.
Industrial and Agricultural
Equipment Sales and
Service
1 per 30 m² (323 sq. ft.)
lxxxi.
Industrial Mall
1 per 65 m² (700 sq. ft.)
lxxxii.
Kennel
1 per 25 m² (269 sq. ft.)
lxxxiii.
Laboratory
1 per 45 m² (484 sq. ft.)
lxxxiv.
Landscape Supply Outlet
1 per 30 m² (323 sq. ft.)
lxxxv.
Laundromat/Laundry
1 per 25 m² (269 sq. ft.)
lxxxvi.
Leather and Fur
Processing Industry
1 per 90 m² (969 sq. ft.)
lxxxvii.
Library
1 per 50 m² (538 sq. ft.)
lxxxviii.
Manufacturing and
Assembly
See Manufacturing
Establishment
lxxxix.
Manufacturing
Establishment
1 per 100 m² (1,076 sq. ft.)
xc.
Merchandise Service Shop
1 per 25 m² (269 sq. ft.)
xci.
Miniature Golf Course
1.5 per tee
xcii.
Monastery
See Place of Worship
xciii.
Motel
1.25 per unit
xciv.
Motor Vehicle Service and
1 per 25 m² (269 sq. ft.)
SECTION 3
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Repair
xcv.
Museum
1 per 50 m² (538 sq. ft.)
xcvi.
Music School
1 per 45 m² (484 sq. ft.)
xcvii.
Nursery and Garden Store
1 per 30 m² (323 sq. ft.)
xcviii.
Nursing Home
1 per 3 beds
xcix.
Office, Business, Service
and Professional
1 per 40 m² (430 sq. ft.)
c.
Office, General
1 per 40 m² (430 sq. ft.)
ci.
Office, Medical/Dental
1 per 25 m² (215 sq. ft.)
cii.
Office, Support and
Charitable Organization
1 per 45 m² (484 sq. ft.)
ciii.
Office Supply Outlet
See Retail Store
civ.
Open Storage
1 per hectare (2.5 acres)
cv.
Paper and Allied Products
Industry
See Manufacturing
Establishment
cvi.
Personal Service
Establishment
1 per 20 m² (215 sq. ft.)
cvii.
Pet Grooming
Establishment
1 per 20 m² (215 sq. ft.)
cviii.
Pharmaceutical and
Medical Products Industry
See Manufacturing
Establishment
cix.
Pharmacy
1 per 25 m² (269 sq. ft.)
cx.
Place of Worship
1 per each 5 persons seating
capacity
cxi.
Police Station
1 per 1.5 employees
cxii.
Post Office
1 per 30 m² (323 sq. ft.)
cxiii.
Primary Metals Industry
1 per 90 m² (969 sq. ft.)
cxiv.
Printing Establishment
1 per 200 m² (2,153 sq. ft.)
cxv.
Printing, Reproduction and
Data Processing Industries
See Manufacturing
Establishment
cxvi.
Printing Shop
1 per 100 m² (1,076 sq. ft.)
cxvii.
Private Club
1 per 20 m² (215 sq. ft.)
cxviii.
Private Outdoor
Recreation Club
1 per 700 m² (7,535 sq. ft.) of
lot area for the first 10 ha (25
ac.) plus 1 per 5000 m² (53,820
sq. ft.) of lot area over 10 ha
(25ac.)
cxix.
Processed Goods Industry
See Manufacturing
Establishment
cxx.
Public Hall
See Assembly Hall
cxxi.
Public Recreation Facility
1 per 35 m² (376 sq. ft.)
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cxxii.
Public Use
1 per 45 m² (484 sq. ft.)
cxxiii.
Public Utility
See Public Use
cxxiv.
Racquet Facility
2 per court
cxxv.
Raw Materials Processing
See Manufacturing
Establishment
cxxvi.
Recreation or Community
Centre
See Community Centre
cxxvii.
Recreational
Establishment
1 per 20 m² (215 sq. ft.)
cxxviii.
Repair and Rental
Establishment
1 per 20 m² (215 sq. ft.)
cxxix.
Research and
Development
Establishment
See Manufacturing
Establishment
cxxx.
Resource Extraction
Operation
2 spaces
cxxxi.
Rest Home
1 per 3 beds
cxxxii.
Restaurant
1 per 15 m² (161 sq. ft.)
cxxxiii.
Restricted Manufacturing
and Assembly
See Manufacturing
Establishment
cxxxiv.
Retail Lumber and Building
Supply Yard
See Building Supply Outlet
cxxxv.
Retail Store
1 per 25 m² (269 sq. ft.)
cxxxvi.
Retirement Lodge
1 per 3 beds
cxxxvii.
Salvage or Scrap Yard
1 per 30 m² (323 sq. ft.)for
retail/showroom plus 1 per 200
m² for warehousing
cxxxviii.
School, Commercial
1 per 45 m² (484 sq. ft.)
cxxxix.
School, Community
College
1 per 100 m² (1,076 sq. ft.) plus
1 per 15 students
cxl.
School, Elementary
3 plus 1 per classroom
cxli.
School, Private
3 per classroom
cxlii.
School, Secondary
3 per classroom
cxliii.
School, University
1 per 100 m² (1,076 sq. ft.) plus
1 per 15 students
cxliv.
Self-Storage Establishment
1 per 450 m² (4,843 sq. ft.)
cxlv.
Service and Repair
Establishment
1 per 25 m² (269 sq. ft.)
cxlvi.
Service Shop
1 per 25 m² (269 sq. ft.)
SECTION 3
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cxlvii.
Shopping Centre (Greater
than 2000 m² and with 4
or more individual
business establishment)
1 per 30 m² (323 sq. ft.) Gross
Leasable Floor Area
cxlviii.
Shopping Centre (less than
2000 m²)
1 per 25 m² (269 sq. ft.)
cxlix.
Stadium
1 per 8 seats
cl.
Storage Depot
See Warehousing
cli.
Studio
1 per 45 m² (484 sq. ft.)
clii.
Supermarket
See Food Store
cliii.
Supervised Residence
1 per 4 residents
cliv.
Tavern
1 per 6 m² (65 sq. ft.)
clv.
Taxi Establishment
1 per 6 m² (65 sq. ft.)
clvi.
Tennis Club
2 per court
clvii.
Tennis Court (Outdoors)
2 per court
clviii.
Textile Processing
See Manufacturing
Establishment
clix.
Theatre
1 per 8 seats
clx.
Tourist Establishment
1 per available unit
clxi.
Tradesman's Shop
1 per 20 m² (215 sq. ft.)
clxii.
Transport Terminal
1 per 100 m² (1,076 sq. ft.)
clxiii.
Variety Store
1 per 25 m² (269 sq. ft.)
clxiv.
Vehicle Repair Garage
6 per bay
clxv.
Vehicle Repair Shop
1 per 25 m² (215sq. ft.)
clxvi.
Vehicle Sales and Rental
Establishment
1 per 100 m² (1,076 sq. ft.)
clxvii.
Veterinarian's Clinic
1 per 45 m² (484 sq. ft.)
clxviii.
Video Rental
Establishment
1 per 25 m² (269 sq. ft.)
clxix.
Warehousing
1 per 200 m² (2,153 sq. ft.)
clxx.
Wholesale Establishment
1 per 150 m² (1,614 sq. ft.)
clxxi.
Wholesale Outlet/Uses
1 per 125 m² (1,345 sq. ft.)
(d) CALCULATION OF PARKING REQUIREMENTS
(i)
Where a part of a parking space is required in accordance with this By-Law for a
use listed in Clause (b) or Clause (c) of this Subsection, such part shall be
considered 1 parking space for the purpose of calculating the total parking
requirements for the said use.
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(ii)
Where a building, structure or lot accommodates more than one type of use as
set out in Clause (b) or Clause (c) of this Subsection, the total parking space
requirement for such building, structure or lot shall be the sum of the require-
ments for the separate uses thereof.
(iii)
Parking spaces required in accordance with this By-Law shall not include any
parking space used or intended to be used primarily for the storage or parking of
vehicles for hire or gain, display or sale.
(e) DIMENSIONS OF PARKING SPACES
A parking space required hereby shall have minimum rectangular dimensions of 2.8
metres by 5.5 metres (9 ft. X 18 ft.), except that:
(i)
the minimum width of a parking space accessory to a single dwelling shall be 2.5
metres; and
(ii)
where the principal access to a parking space is provided on the longest dimen-
sion of such parking space, the minimum dimensions of the said parking space
shall be 2.5 metres by 6.7 metres.
(f) LOCATION OF PARKING AREAS
With the exception of the Commercial Zones, all required parking spaces shall be
provided on the same lot occupied by the building, structure or use for which such
parking spaces are required, and shall not form a part of any street or lane. Within the
Commercial Zones, the required parking spaces may be supplied within 90 metres (288
ft.) of the main pedestrian access of the building, structure or use for which the parking
spaces are required, provided a Site Plan Agreement is registered on title of the lands
used for parking committing said parking spaces to the related commercial site.
(g) YARDS WHERE PERMITTED
Notwithstanding the yard and setback provisions of this By-Law to the contrary,
uncovered surface parking areas shall be permitted in the required yards or in the area
between the required road allowance and the required setback as follows:
Zone
Yard in Which Required Parking Area Permitted
Commercial,
Institutional
All yards provided that no part of any parking area, other
than a driveway, is located closer than 3 metres (9.8 ft.) to
any street line, except in the C1 Zones or the RO Zones
where parking shall not be permitted in the front yard.
Residential - single
(a)
The side yard and rear yard, except for a side yard
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dwelling, semi-
detached, duplex,
triplex, converted,
quadruplex, street
townhouse
immediately adjacent to a street, provided that no part of
any parking area is located closer than one metre (3.3 ft.)
to any street line; and
(b) Driveways in the front yard or driveways in the
side yard immediately adjacent to a street.
Multiple Residential
Dwelling Townhouse
All yards provided that no multiple residential dwelling,
part of any parking area, other than a driveway, is located
closer than 6 metres (19.68 ft.) to any street line and no
closer than one metre (3.3 ft.) to any side lot line.
Industrial
All yards provided that no part of any parking area, other
than a driveway, is located closer than one metre (3.3 ft.)
to any street line.
(h) PARKING STRUCTURES
Where a parking area located in a structure is accessory to a permitted use on a lot, then
such structure shall conform to all the provisions for accessory uses set out in Subsection
(1) of this Section.
(i) ACCESS TO PARKING AREAS AND SPACES
(i)
Access to parking areas shall be provided from an improved street by means of
one or more unobstructed driveways at least 3 metres and not more than 6
metres in width for a driveway accessory to a single dwelling and not more than
10 metres in width for any other driveway, measured parallel to the said street, at
any point on the lot closer to the said street than the street setback required
therefrom. Provided further that no lot shall have more than 2 driveways for the
first 30 metres of street line thereof plus 1 driveway for each additional 30 metres
of street line. Notwithstanding the foregoing, in all residential zones, no lot shall
have more than 1 driveway for the first 20 metres of street line thereof plus 1
driveway for each additional 30 metres of street line.
(ii)
Driveways and parking aisles shall have a minimum unobstructed width of 6
metres where two-way traffic is permitted and 2.8 metres where only one-way
direction of traffic flow is permitted and is clearly indicated by signs, pavement
markings or both, except that the minimum width required for any driveway
accessory to a single dwelling shall be 2.5 metres.
(iii)
Each required parking space shall be readily accessible at all times for the parking
or removal of a vehicle and vehicular access to any such parking space shall be not
impeded by any obstruction except as provided in Paragraph (iv) of this Clause
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except that this provision shall not apply to prevent the use as a parking space of
any part of a driveway accessory to a single dwelling, provided that no parking
space shall obstruct access to a parking area on any other lot.
(iv)
Nothing in this By-Law shall prevent the obstruction of a driveway by a gate, a
well identified recognizable temporary barrier or similar obstruction used solely to
restrict access to the said driveway and designed to be easily raised, swung aside
or otherwise opened or removed when necessary to permit passage of a vehicle.
(v)
The minimum angle of intersection between a driveway and a street line shall be
60 degrees.
(vi)
Any driveways or parking aisles located within a required yard on a lot containing
a mobile home park shall be separated from all interior lot lines or such lot by a
planting strip not less than 1.5 metres in width.
(vii) The minimum distance between a point of intersection of street lines, such point
of intersection being determined in the manner set out in Section 2(319) and
Section 3(21) thereof, and a driveway providing access to a lot from an improved
street, measured along the street line intersected by such driveway, shall be 8
metres.
(viii) Where a two-way driveway is divided into two one-way driveways by a curb, an
area of landscaped open space or any other obstruction, such driveway shall, for
the purpose of this Subsection, be considered a single driveway, albeit divided,
provided that such driveway does not exceed 10 metres in total width, measured
in accordance with Paragraph (i) of this Clause.
(ix)
Nothing in this Subsection shall apply to prevent the use of a right-of-way as a
means of obtaining access to a parking area, provided the said right-of-way has
been specifically established for such purpose, or to prevent the establishment of
abutting driveways or parking aisles along a common lot line, provided the
combined width of any abutting driveways does not exceed 10 metres measured
in accordance with Paragraph (i) of this Clause.
(j) SURFACE AND DRAINAGE OF PARKING AREAS AND DRIVEWAYS
(i)
All parking areas and driveways shall be provided and maintained with a stable
surface, treated so as to prevent the raising of dust or loose particles, using such
surfacing materials as any asphalt, concrete or other hard-surfaced material. In
the Industrial Zones, crushed stone or gravel may be used.
(ii)
All parking areas and driveways shall be drained so as to prevent the pooling of
surface water or the flow of surface water onto adjacent lots.
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(iii)
The access point to parking areas shall be clearly defined by a curb of concrete or
rolled asphalt.
(k) ADDITION TO EXISTING USE
Where a building or structure has insufficient parking spaces on the date of passing of
this By-Law to conform to the requirements herein, this By-Law shall not be interpreted
to require that the deficiency be made up prior to the construction of any addition or a
change of use provided, however, that any additional parking spaces required by this By-
Law for such addition or change of use are provided in accordance with all provisions
thereof respecting parking spaces and parking areas.
(l) OTHER PARKING REGULATIONS
(i)
Nothing in this By-Law shall prevent the erection of a shelter for use solely by
parking attendants or security personnel in any part of a parking area, except
within a sight triangle, provided such shelter is not more than 4.5 metres in height
and has a floor area of not more than 5 square metres.
(ii)
No gasoline retail outlet or automobile service station shall be located or main-
tained on any parking area except where specifically permitted by this By-Law.
(iii)
No trailer, motor home, or boat shall be stored in any part of a front yard, exterior
side yard or a required interior side yard on a lot in a Residential Zone or in any
part of a side yard on a lot in any zone other than a Residential Zone, except that
this provision shall not apply to prevent the temporary parking of a trailer or boat
on a permitted parking area. Temporary parking shall be restricted to seven
consecutive days between May 1 and October 31. Parking of passenger vehicles
shall be permitted in the front yard on that portion of the lot that is the driveway
providing access to an attached or detached private garage or any approved
unenclosed parking space within a side or rear yard.
(iv)
No commercial vehicle or motorized construction equipment shall be parked or
stored on any part of a Residential Zone, except for commercial vehicles which:
1.
is owned or operated by the occupant of the said lot; or
2.
have dimensions not greater than 2.4 metres (7.9 ft.) of width, 2.4 metres
(7.9 ft.) of height above ground, nor 6 metres (20 ft.) of length; or
3.
are parking or stored within a building or carport or within a yard other
than a front yard, or exterior side yard, or a required interior side yard; or
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4.
except for the purpose of making deliveries or otherwise providing services,
on a temporary basis, to a Residential lot.
(v)
Motor vehicles and trailers lacking current valid license plates shall be parked or
stored only within a private garage or other building, except that this provision
shall not apply to a permitted vehicle sales or rental establishment or salvage
yard.
(m)
STACKING LANE SPACE REQUIREMENTS
(i)
Where any of the uses permitted by this By-law have a drive-through facility, off-
street stacking lane spaces leading to and from the drive-through facility must be
provided. Further, the following uses are required to provide the following
stacking lane spaces:
i.
Automated Bank Machine located on the exterior of a building or free standing
kiosk
3 before Automated Bank Machine
ii.
Automobile Service Station
Automotive Sales and Service Establishment
Motor Vehicle Service and Repair
1 before each service bay
1 at service bay exit if a through bay
iii.
Car Wash
3 before each wash bay
2 after each wash bay
iv.
Restaurant
10 before pick up window
2 after pick up window
v.
Convenience Store
Retail Store
2 before service window
(ii)
All required stacking lane spaces must be provided in accordance with the
following design standards:
i.
The minimum dimensions for each queue space must be 2.7 m (8.87 ft) in width
and 6 m (19.7 ft) in length;
ii.
A minimum inside turning radius for queue spaces forming a stacking lane is 3.5
m (11.48 ft). Queue spaces forming a waiting line must be unobstructed by
parking spaces or loading spaces and must be clearly delineated by markings and
barriers;
iii.
Queue spaces forming a stacking lane or storage space from the service offered
cannot form part of a parking aisle providing access to a parking space; and
SECTION 3
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iv.
Queue spaces shall not be located in a required yard abutting a Residential
Zone.
19) REDUCTION OF LOT AREA
(a) PROHIBITION
No person shall reduce the lot area, or make any changes in the dimensions, of a lot by
the conveyance or alienation of any portion thereof or otherwise, except by a
conveyance in accordance with Clause (b) of this Subsection, so that any building or
structure on such lot shall have a lot coverage that exceeds, or a front yard depth, side
yard depth, rear yard depth, lot frontage, lot area or area of landscaped open space that
is less than that permitted by this By-Law for the zone in which such lot is located.
(b) LOTS REDUCED BY PUBLIC ACQUISITION
Where the area of a lot is reduced by means of an acquisition of part of the lot by a
public agency for the purpose of providing a public service, and where such acquisition
causes the lot as reduced, or any building or structure existing lawfully on the lot on the
date of such acquisition, to have a lot area, lot frontage, lot coverage, area of
landscaped open space, setback, front yard depth, side yard depth or rear yard depth
that does not conform to the requirements hereof for the zone in which such lot is
located, then nothing in this By-Law shall apply to prevent the continued use of the lot
as reduced as if no such acquisition had taken place, provided that:
(i)
no change is made in the dimensions, area or any other characteristics of the lot
as reduced, subsequent to the date of such acquisition, that would increase the
extent of the said nonconformity; and
(ii)
no building or structure or addition thereto is erected on the lot as reduced,
subsequent to the date of such acquisition, except in accordance with all the
provisions hereof for the zone in which such lot is located.
20) SETBACK/FRONT YARD EXEMPTION IN BUILT-UP AREAS
The minimum setback required on a lot that is between two adjacent lots on which are located
existing buildings not more than 90 metres apart shall be the average of the established building
lines on the said adjacent lots, provided that no setback requirement calculated in accordance
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with this Clause shall exceed the applicable setbacks required of the appropriate zone
provisions.
21) SIGHT TRIANGLES
(a) PROHIBITION OF OBSTRUCTIONS
Notwithstanding any other provisions hereof to the contrary, within any area defined
herein as a sight triangle, no fence and no building or structure shall be erected, no
vehicle shall be parked, no land shall be graded and no landscaping materials shall be
permitted to grow above the height of 0.6 metres above the elevation of the centreline
of the said street, in such manner as to impede or obstruct the vision of persons driving
vehicles on an abutting street.
(b) EXTENT OF SIGHT TRIANGLES
For the purpose of calculating the extent of a sight triangle, the distance between the
point of intersection of the two lot lines and their respective points of intersection with
the line constituting the third side of the triangle shall be 6 metres; 23 metres where a
street intersects a railway right-of-way at grade in an area with speed limits of 50
kilometres per hour or less; and 50 metres where a street intersects a railway right of
way at grade in an area with speed limits greater than 50 kilometres per hour, or such
greater distance as may be required from time to time by the Canadian Transportation
Commission (see illustration).
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ILLUSTRATION OF
VISIBILITY TRIANGLES
ROAD INTERSECTION:
ROAD/RAILWAY INTERSECTION:
(a) SPEED LIMIT = 50 KM/H OR LESS
(b) SPEED LIMIT > 50 KM/H
NOTE: THE ABOVE ILLUSTRATIONS ARE FOR CLARIFICATION AND
CONVENIENCE ONLY AND DO NOT FORM PART OF THIS
BY-LAW
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22) SWIMMING POOLS
(a) PRIVATE OPEN SWIMMING POOLS
Notwithstanding any other provision of this By-Law to the contrary, the following
provisions shall apply with respect to the erection or use of any private open swimming
pool not enclosed or otherwise located within a building:
(i) No private open swimming pools or related structures shall be permitted anywhere
within the zoned area except:
1. in an interior side yard or rear yard on a lot containing a permitted dwelling unit;
or
2. in any yard other than a required yard on a lot containing a permitted motel or
private club.
(ii)
No interior wall surface of any open swimming pool, nor any related structure
other than a fence, shall be located closer than 1.5 metres to any lot line or closer
to any street than the setback required therefrom.
(iii)
No water circulating or treatment equipment such as pumps or filters shall be
located closer than 3 metres to any lot line.
(iv)
No part of any open swimming pool shall be greater than 2 metres in height above
grade, exclusive of related structures which shall not exceed 5 metres in height.
(v)
Every open swimming pool shall be enclosed in accordance with the Corporation's
By-Law governing the erection and maintenance of fences and gates around
private outdoor open swimming pools.
(vi)
Every open swimming pool shall be enclosed in accordance with the Corporation's
By-Law governing the erection and maintenance of fences and gates around
private outdoor open swimming pools.
(b) LOT COVERAGE EXEMPTION
Notwithstanding any other provisions of this By-Law to the contrary, no open swimming
pools or any related structures shall be considered part of the lot coverage of a lot, but
where a swimming pool is enclosed with a building or where a structure appurtenant to
a swimming pool constitutes a building as defined herein, such building shall comply
with any lot coverage requirements set out herein for the zone in which such building is
located, but shall be exempt from the lot coverage requirements for accessory uses set
out in Section 3(1) hereof.
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(c) INDOOR SWIMMING POOLS
Any swimming pool located within a building as defined herein shall comply with the
provisions for accessory uses set out in Section 3(1) hereof, where such swimming pool
is located within an accessory building, or with the zone requirements set out herein for
the zone in which such swimming pool is located, where such swimming pool is located
within a main building.
(d) PUBLIC SWIMMING POOLS
Any public swimming pool and any related buildings or structures shall comply with the
zone requirements set out herein for the zone in which such swimming pool is located.
(e) COMPLIANCE WITH SWIMMING POOL BY-LAWS
All swimming pools shall comply with any by-laws of the Corporation specifically
regulating swimming pools.
23) USES PERMITTED IN ALL ZONES
(a)
PUBLIC AND INSTITUTIONAL USES
Nothing in this By-Law shall apply to prevent or otherwise restrict in any way any of the
following:
(i)
the use of land for a street or a public railway, including any installations,
structures appurtenant thereto, or as a site for a public memorial or ornamental
structure including, but not so as to limit the generality of the foregoing, a statue,
a monument, a cenotaph or a fountain;
(ii)
the installation or maintenance of a watermain, sanitary sewer main, storm sewer
main, pumping station, gas main, pipeline, lighting fixture or overhead or
underground electrical, cable television, telegraph or telephone line or associated
tower or transformer, together with any installations or structures appurtenant
thereto, provided that any lot or structure so used shall be designed, landscaped
and maintained in general harmony with the neighbouring uses; or
(iii)
the use of any lot in any zone as a public park or for an existing cemetery, an
existing place of worship or any existing public building, structure or use,
including, but not so as to limit the generality of the foregoing, a public school, a
municipal office building, a community centre or a public library and a public
works garage, in accordance with the General Provisions of this By-Law set out in
Section 3 hereof and with the Zone Requirements for Institutional Zones set out in
Section 22 (3) hereof.
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(b)
CONSTRUCTION USES
Nothing in this By-Law shall prevent the use of any part, other than a sight triangle, of
any lot in any zone for the erection of a legal temporary sign not greater than 3 square
metres in area, the excavation of soil or earth or the erection or use of any temporary
building or structure where such sign, excavation, building or structure is directly
incidental to, and necessary for, construction work on the same lot or work relating to a
public utility or a street including, but not so as to limit the generality of the foregoing, a
construction trailer, a tool shed, or a scaffold, but only for so long as such building or
structure is necessary for the work in progress and until the work is completed or aban-
doned, and only while a valid building permit for the said construction remains in force,
where applicable and in accordance with the Corporation's Sign By-Law.
(c) WAYSIDE PITS
24) USES RESTRICTED IN ALL ZONES
(a) NOXIOUS USES PROHIBITED
Notwithstanding any other provision hereof to the contrary, no use shall be permitted
anywhere within the zoned area which, from its nature, materials used therein or emissions
issuing therefrom, is declared to be a noxious trade, business or manufacture under the
Public Health Act, as amended from time to time.
(b) RESTRICTED USES
The following uses are prohibited throughout the zoned area, either alone or in conjunction
with other uses, unless specifically listed as a permitted use in a specific zone:
(i)
adult entertainment parlours;
(ii)
arcades;
(iii)
the making or establishment of pits and quarries;
(iv)
the tanning or storage of uncured hides or skins;
(v)
the boiling of blood, tripe, bones or soaps for commercial purposes;
(vi)
the manufacturing of glue or fertilizers from dead animals or from human or
animal waste;
(vii)
an abattoir, stockyard, livestock exchange, or dead stock depot, except where
specifically listed herein as a permitted use in a specific zone;
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(viii)
the extracting of oil from fish;
(ix)
a track for the racing or testing of automobiles, motorcycles, snowmobiles or any
other motorized vehicles;
(x)
a salvage yard;
(xi)
a recycling facility, composting facility, waste treatment facility, waste
management/resource recovery facility, waste transfer station, or any disposal
site for solid wastes;
(xii)
the refining, storage or use in manufacturing of coal oil, rock oil, fuel oil, natural
gas, propane, burning fluids, naphtha, benzole, benzine, gasoline, dynamite,
dualin, nitroglycerine, gun powder, petroleum or any other combustible,
inflammable, volatile or otherwise dangerous liquids, gasses or solid materials
except where specifically permitted hereby or in conjunction with a permitted
industrial use. This provision shall not apply to prevent the above ground storage
of such substances by a farmer, where such storage is incidental and accessory to
an agricultural use, or the use of natural gas, propane or fuel oil for domestic
purposes, such as heating and cooking, in conjunction with a residential use or for
commercial or industrial uses;
(xiii)
an occupied vehicle for human habitation other than a mobile home where
specifically permitted;
(xiv)
a campground, except as a temporary use within a public park, with the approval
of the Corporation;
(xv)
an airport;
(xvi)
the keeping or raising of any livestock or poultry on any lot or in any building or
structure except where agriculture is a permitted use. This provision shall not
prevent the keeping of up to three of any type of household pets such as dogs,
cats, gerbils, birds, etc.;
(xvii)
any use which causes the emission of corrosive gasses, toxic gasses or radioactive
gasses or, into any zone other than an Industrial Zone, of electromagnetic fields,
heat, glare, dust, dirt, fly ash or smoke, or which does not comply with emission
regulations as may be established from time to time by the Province of Ontario,
the Government of Canada, or any agencies thereof;
(xviii)
use any land or building, except those lands within the Highway Commercial (C3)
Zone or the Heavy Industrial (M2) Zone for the repair or servicing of any motor
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vehicle unless such motor vehicle is owned by and registered in the name of an
owner or occupant of such land or building;
(xix)
carry out any but minor repairs and servicing such as the changing of tires or oil,
outside of a garage or other suitable building, on any motor vehicle within the
Corporation, except on lands lawfully occupied and used as a motor vehicle
service station, body shop, commercial garage or radiator shop;
(xx)
any establishment used as an adult entertainment parlours as defined in this By-
Law.
25) YARD ENCROACHMENTS AND OBSTRUCTIONS PERMITTED
(a)
PROJECTION INTO REQUIRED YARDS
No part of any required yard or required court shall be obstructed by any building or
structure or part thereof except one or more of the following:
(i)
accessory buildings or structures specifically permitted in a required yard
elsewhere in this By-Law;
(ii)
architectural adornments including, but not necessarily restricted to, sills, belt
courses, chimneys, bay windows, cornices, eaves, gutters, parapets and pilasters,
projecting not more than 0.5 metres into any required yard;
(iii)
roofless functional and ornamental structures including, but not necessarily
restricted to, drop awnings, clothes poles, ornamental fountains, statues,
monuments, picnic tables, benches, cenotaphs, memorials, planters, garden
trellises, fences, boundary and retaining walls, hedgerows and legal signs project-
ing into any required yard;
(iv)
stoops, sundecks, porches, verandahs, balconies, balconies on top of porches or
verandahs, uncovered terraces, and exterior steps providing access between
finished grade and either the basement or the first storey of a building, where
such structures project not more than 1.5 metres into a required front yard, a
required rear yard or a required exterior side yard;
(v)
unenclosed fire escapes which do not project more than 1.5 metres into a
required rear yard or a required side yard;
(vi)
unenclosed ramps for physically handicapped persons into any required yard;
(vii) underground structures such as basements or parking structures into any required
yard; and
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(viii) heat pumps, air conditions, and/or air exchangers 1.5 metres (4.9 ft.) into any
required yard provided the projection is no closer than 0.5 metres (1.6 ft.) to the
lot line.
(b)
PROJECTION BEYOND LOT LINES
No part of any building or structure on a lot shall project beyond any lot line or street
line of such lot.
(c)
RAILWAY SPUR
Notwithstanding the yard and setback provisions of this By-Law to the contrary, a
railway spur shall be permitted within any required yard.
26) YARD REQUIREMENTS, EXTERIOR SIDE YARD CONDITION
Notwithstanding the minimum exterior side yard requirements of this By-Law, when a corner lot
is sited so that its rear lot line abuts an adjacent interior side yard, the exterior side yard shall be
subject to the regulations of a front yard. When a corner lot is sited so that its rear lot line abuts
an adjacent rear lot line, the exterior side yard shall be subject to the regulations of an interior
side yard.
27) YARD REQUIREMENT SATELLITE DISHES
No satellite dish shall be located within the front or the required exterior side yard.
28) SHIPPING CONTAINERS
A shipping container shall not:
a) be erected or used in a residential zone or institutional zone;
b) be erected within one (1.0) metre of a lot line;
c) exceed the maximum floor area and/or the maximum coverage requirement for an accessory
building or structure of the zone in which it is situated;
d) be erected in a front yard or an exterior side yard;
e) be stacked one on top of the other;
f) be permitted as the sole structure on any property; and,
g) be used for human or domesticated animal habitation.
Notwithstanding the foregoing to the contrary, a shipping container may be temporarily located
in a residential zone or institutional zone for a period of time not exceeding 30 days in any
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calendar year.
29) MOBILE FOOD TRUCK/CART
All mobile food truck/carts must go through a registration process with the Town of Aylmer. Items listed
below will be incorporated in the approval process for the registration of a mobile food truck/cart.
a)
Notwithstanding any other provision of this By-Law, mobile food truck/cart are only
permitted in C2, C3, C5, M1, POS and EP Zones, as an accessory to the main use already
established on the lot.
b)
Only one mobile food truck/cart per lot is permitted at one time, unless approved
otherwise through a special event approval by the Town.
c)
Shall comply with the specific zone requirements for setbacks to lot lines and shall be a
minimum of 50 m from other dine in or take out restaurants, unless approved otherwise
through a special event approval by the Town.
d)
Shall not be located in a site triangle, blocking fire routes or pedestrian walkways
e)
Shall not be located or operated on Town owned land or Town operated and maintained
property, without obtaining prior written permission of the Town.
f)
Separate holding tanks shall be provided for potable water and waste water.
g)
Garbage and wastes, including liquid wastes, shall be collected via private waste
containers and removed from a food premise as often as is necessary to maintain the
premise in a sanitary condition.
h)
No off-street parking spaces are required but shall not diminish the minimum number of
required off-street parking spaces for uses that are existing on the lot.
i)
It is the responsibility of the owner and/or operator of the food truck/cart to ensure that
all other applicable requirements such as insurance, health unit approval, TSSA approval
for propane and NFPA 96 have been granted, and any tented material used for shelter
meets the Ontario Building Code for flame resistance ratings. The proper certificates and
approvals are required to be on display.
j)
The food truck owner must provide a written letter of permission to the Town signed
from the property owner of the property for the location of the food truck.
k)
Lands zoned I-3 shall be exempt from all of Section 3(29).
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SECTION 4
ZONES AND ZONE SYMBOLS
1) DIVISION INTO ZONES
For the purposes of this By-Law, all lands within the zoned area are divided into zones and
classified in accordance with Subsection (2) of this Section.
2) ZONE CLASSIFICATION
(a)
RESIDENTIAL ZONES
The following zone designations and symbols represent Residential Zones:
(i)
Residential Type 1 Zone
R1
(ii)
Residential Type 1A Zone
R1A
(iii)
Residential Type 1B Zone
R1B
(iv)
Residential Type 1C Zone
R1C
(v)
Residential Type 2 Zone
R2
(vi)
Residential Type 3 Zone
R3
(vii) Residential Multiple First Density Zone
RM1
(viii) Residential Multiple Second Density Zone
RM2
(ix)
Residential Holding Zone
RH
(b)
COMMERCIAL ZONES
The following zone designations and symbols represent Commercial Zones:
(i)
Commercial Core Zone
C1
(ii)
Support Commercial Zone
C2
(iii)
Highway Commercial Zone
C3
(iv)
Neighbourhood Commercial Zone
C4
(v)
Business Park Commercial Zone
C5
(vi)
Residential Office Zone
RO
(c)
INDUSTRIAL ZONES
The following zone designations and symbols represent Industrial Zones:
(i)
Light Industrial Zone
M1
(ii)
Heavy Industrial Zone
M2
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(d)
INSTITUTIONAL ZONE
The following zone designations and symbols represent Institutional Zones:
(i)
Institutional Zone
I
(e)
PARKS AND OPEN SPACE
The following zone designations and symbols represent Parks and Open Space Zones:
(i)
Parks and Open Space Zone
POS
(f)
FUTURE DEVELOPMENT
The following zone designations and symbols represent Future Development Zones:
(i)
Future Development Zone
FD
(g)
ENVIRONMENTAL PROTECTION
The following zone designations and symbols represent Environmental Protection Zones:
(i)
Environmental Protection Zone
EP
3) ZONE SYMBOLS AND DESIGNATIONS
(a)
USE OF SYMBOLS AND DESIGNATION
The Zone symbols and designations listed in Subsection (2) of this Section may be used
to refer to buildings and structures and to the uses of lots, buildings and structures
permitted by this By-Law in the said zones.
(b)
INTERPRETATION OF SYMBOLS AND DESIGNATIONS
Wherever in this By-Law and the word "Zone" is used, preceded by any of the said zone
symbols and designations, such reference shall mean any part of the zoned area
delineated on Schedule "A" and designated thereon by the said symbol.
4) ZONE PROVISIONS
(a)
USES PERMITTED AND ZONE REQUIREMENTS
For each zone listed in Subsection (2) of this Section, a separate section of this By-Law
sets out the uses permitted in, and the specific provisions relating to, such zone under
the headings "USES PERMITTED" and "ZONE REQUIREMENTS", respectively.
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(b)
SCOPE OF ZONE REQUIREMENTS
Except as otherwise specifically provided herein, the specific zone requirements set out
herein for each zone shall apply to such zone in addition to the general provisions set
out in Section 3 hereof.
5) SPECIAL ZONES
Wherever a zone symbol on Schedule "A" hereto is followed by a dash and a number, such as
"R2-1", the lands so designated shall be subject to, and used in accordance with all the
provisions of this By-Law applicable to the zone represented by such symbol except as otherwise
specifically provided by the special provisions of the special zone set out in the applicable Special
Provisions section of the zone.
6) HOLDING "h" ZONES
(a)
USE OF SYMBOL
Where the symbol "h" appears on a zoning map as a prefix to a single zone or a
compound zone applying to certain lands, notwithstanding the provisions of that zone or
zones, unless this By-Law has been amended to remove the relevant "h" symbol, those
lands shall not be developed or used except in compliance with the provisions of the
applicable zone for existing uses, or for such other uses set out in the relevant Holding
Zone Provisions below. The relevant Holding Zone Provisions are denoted by the
number (if any) immediately following the symbol "h" on the zoning map.
(b)
HOLDING ZONE PROVISIONS
(i)
h
Purpose: To ensure the orderly development of lands and the
adequate provision of municipal services, the "h" symbol shall not be deleted until
a subdivision agreement or development agreement is entered into for the lands
in question with the Town of Aylmer.
Permitted Interim Uses: Existing Uses.
(ii)
h-1
Purpose: To ensure that mitigating measures are undertaken in
areas adjacent to transportation and utility corridors, an agreement shall be
entered into, covering requirements for incorporating appropriate attenuation
measures into the design of the development, prior to the removal of the "h"
symbol.
Permitted Interim Uses: Existing uses; any non-residential uses permitted by the
applicable zones.
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(iii)
h-2
Purpose: To ensure that development will not have a negative
impact on an environmentally sensitive area, or natural feature, an agreement
shall be entered into specifying any necessary preventative measures, based on
study(ies) to the satisfaction of the Town of Aylmer conducted by qualified profes-
sional(s) demonstrating that development in the form proposed will not adversely
affect the area or feature, prior to the removal of the "h" symbol.
Permitted Interim Uses: Existing uses.
(iv)
h-3
Purpose: To ensure that development takes a form compatible
with adjacent land uses, agreements shall be entered into following public site
plan review specifying the issues allowed for under Section 41 of the Planning Act,
1990, prior to the removal of the "h" symbol.
Permitted Interim Uses: Existing uses.
(v)
h-4
Purpose: To ensure that buildings and structures that have been
identified by the Town as historically significant and that are being actively
pursued for a designation under the Ontario Heritage Act are not negatively
impacted by development or redevelopment of the site or buildings, and to
ensure that the development or redevelopment is in a form compatible with the
heritage buildings, the following conditions must be satisfied prior to the removal
of the holding provisions:
1.
The site and/or building and/or portions thereof must be designated under
the Ontario Heritage Act by the Town of Aylmer;
2.
The site, buildings or portions thereof must be subject to an easement or
easements to provide for municipal services, heritage preservation and
conservation in favour of the Town of Aylmer and to the satisfaction of the
Town of Aylmer;
3.
The affected lands will be subject to Site Plan Control under Section 41 of
the Planning Act, and a development agreement must be entered into by
the owner of the subject lands and the Town of Aylmer.
Permitted Interim Uses: Existing uses, buildings and structures as they legally
existed at the date of adoption of this By-Law.
(vi)
h-5
Purpose: To ensure that the appropriate timing for the expansion
of food store facilities to exceed 4,645 m2 gross floor area, the "h-5" symbol shall
not be removed until the following condition has been satisfied:
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1.
A retail market impact study to the satisfaction of Council has been
prepared.
Permitted Interim Uses: Any use permitted by the existing C5 zone with the
exception of a food store less than 2,000 m2 gross floor area and not exceeding
4.645 m2 gross floor area.
(vii) h-6
Purpose: To ensure orderly, comprehensive and compatible
development of employment lands, the "h-6" symbol shall not be removed until
the following conditions have been satisfied:
1. To ensure that development takes a form compatible with adjacent land uses,
agreements shall be entered into following site plan review specifying the issues
allowed for under Section 41 of the Planning Act, R.S.O. 1990,
c. P.13, prior to the removal of the holding symbol; and,
2. To ensure the orderly development of lands and the adequate provision of
municipal services, the holding symbol shall not be deleted until full municipal
sanitary sewer and water services are available to service the site and that
sufficient servicing capacity is demonstrated to the satisfaction of the Town;
and,
3. To ensure there are no land use conflicts between industrial uses and adjacent
residential land uses, the holding symbol shall not be deleted until the owner
agrees to implement all noise and vibration attenuation and design mitigating
measures, including separation setbacks, as recommended in applicable
studies, to the satisfaction of the Town.
7) COMPOUND ZONES AND MULTIPLE ZONES
(a)
COMPOUND ZONES
Notwithstanding any other provision of this By-Law, where two or more zoning symbols
divided by a "/" are shown on the zoning maps as applying to a lot or as compounded by
a Special Provision, that lot may be used exclusively for any use permitted in any one of
the zone included in the compound zone symbol, or for any combination of uses
permitted in any of the zones included in the compound zone symbol, subject to the
following regulations:
(i)
The site development specifications prescribed in this By-Law for the selected
zone in the compound zone symbol in which the use is permitted shall be
observed in the development of the lands. In the case of a conflict when selecting
a combination of uses from two or more zones, the more restrictive zone
regulation applies.
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(ii)
The parking and loading required by this By-Law for each of the uses included in
the development of the lands, whether for a single use or a combination of uses,
shall be provided.
(b)
MULTIPLE ZONES
(i)
Where a lot is divided into two or more zones, each such portion of the said lot
shall be considered a separate lot as defined herein and shall be used in accor-
dance with the provisions of this By-Law which are applicable to the zone wherein
such portion of the said lot is located.
(ii)
Notwithstanding anything to the contrary in Paragraph (i) of this Clause, where a
use or uses are permitted by the zones applying to two or more portions of the
lot, those portions shall be considered to constitute a single lot as defined herein
and the highest or most restrictive zone requirements pertaining to such use or
uses in all the pertinent zones shall apply throughout.
8) BONUS PROVISION
Notwithstanding the density and height provisions which apply to a lot, the maximum permitted
density and/or height may be increased in accordance with the provisions set out in this Section
on having entered into a Bonusing Agreement with the Town. Notwithstanding the gross floor
area and parking requirements of the By-Law, calculations of floor area and parking may be
altered in accordance with the provisions of this Section on entering into a Bonusing Agreement
with the Town. The accumulative impact of utilizing this Section shall not result in a density
more than 25 percent greater than the density permitted by the non-bonused site.
(a)
For structures designated under the Ontario Heritage Act or for structures and/or
districts identified as historically significant by the Town of Aylmer, in consideration for
their designation under the Ontario Heritage Act, a 25.0 percent increase in density may
be granted. Increased density may be achieved through an increase in height of not
greater than 50.0 percent for Medium Density Residential Zones and 25.0 percent of
that allowed under the By-Law for other zones, and/or increased coverage and/or
reduced setbacks.
(b)
For every 100.0 square metres (1,074 sq. ft.) of public open space which is dedicated to
the Town (in excess of the required parkland dedication and any undevelopable
floodplain lands), the density of the residential development may be increased by one
unit per hectare up to 25.0 percent (25%) of the total number of units that would
otherwise be permitted by this By-Law.
(c)
Where day care facilities are provided within commercial or mixed-use buildings of
larger than 1858.0 square metres (20,000 sq. ft.), the floor area devoted to the day care
facilities shall not be included in the floor area ratio, the maximum gross or gross
SECTION 4
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leaseable floor area permitted, or in the calculation of the parking requirements for the
building.
(d)
SITE SPECIFIC BONUS PROVISIONS
Notwithstanding the density and height provisions which apply to a lot where a B
(Bonus) Zone also applies to the lot, the maximum permitted density and/or height
and/or parking may be altered in accordance with the provisions set out below on
having entered into a Bonusing Agreement with the Town of Aylmer.
The number following the letter "B" on the Zone Maps indicates the number of the
applicable Bonus Zone provision set out below.
(iii)
B.1
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SECTION 5
RESIDENTIAL TYPE 1 (R1) ZONE
1) SCOPE
The provisions of this Section shall apply in all Residential Type 1 (R1) Zones except as otherwise
provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any R1 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following R1 uses, namely:
(a)
a single detached dwelling;
(b)
an existing duplex or converted dwelling;
(c)
an existing place of worship;
(d)
a home occupation;
(e)
an accessory use;
(f)
a public use;
(g)
an additional residential unit.
3) ZONE REQUIREMENTS
No person shall within any R1 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
370 m²
(b)
LOT FRONTAGE (MINIMUM)
12 m
(c)
FRONT YARD DEPTH (MINIMUM)
7.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
(i)
With attached garage or carport
1.2 m
(ii)
Without attached garage or carport 3.0 m on one side and 1.2 m on the other
side
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
7.0 m
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
(g)
LOT COVERAGE (MAXIMUM)
35%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
30%
(i)
HEIGHT (MAXIMUM)
8.5 m
(j)
Accessory Uses, Additional Residential Units, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
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4) SPECIAL PROVISIONS
(a)
R1-1 (SERVICE SHOP)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R1-1 on Schedule "A" hereto, a service shop shall be a permitted use in
addition to any use permitted in an R1 Zone.
(b)
R1-2 (FORMER MALAHIDE AR-33 ZONE)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R1-8 on Schedule "A" hereto, permitted uses shall be limited to a single
detached dwelling, a home occupation, and an accessory use and shall be subject to the
following regulations:
(i)
Exterior Side Yard Width (Minimum)
3.0 m
(ii)
Rear Yard Depth and Structural Setback from Top-of-Bank (Minimum)
6.0 m
(iii)
Setback from a Provincial Highway (Minimum)
7.0 m
(iv)
Building Setback from Intersecting Streetlines (Minimum)
6.0 m
(v)
Driveway Setback from Intersecting Streetlines (Minimum)
8.0 m
(c)
R1-3
Not in use as of this consolidation
(d)
R1-4 (DAY CARE FACILITY)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R1-4 on Schedule "A" hereto, a day care facility and an accessory dwelling
unit shall be permitted uses in addition to any use permitted in an R1 Zone.
(e)
R1-5 (SPORTING GOODS SALES)
Re-zoned to I-2, By-law 09-14 - no longer applicable
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R1-5 on Schedule "A" hereto, the sale of sporting goods shall be a permitted
use in addition to any use permitted in an R1 Zone.
(f)
R1-6 (MINIMUM FLOODPROOFING ELEVATION)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R1-6 on Schedule "A" hereto, a minimum floodproofing elevation as required
by the Catfish Creek Conservation Authority of 223.79 metres is required.
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(g)
R1-7 (VAN GURP SUBDIVISION)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R1-7 on Schedule "A" hereto, the maximum lot coverage shall be 40% and
the minimum rear yard setback shall be 6.0m. All other provisions of the zoning by-law
shall apply.
(h)
R1-8 (COTTONWOOD SUBDIVISION PHASES 2 & 3)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R1-8 on Schedule 'A' hereto, the following zone regulations shall apply:
(i)
Lot Coverage (Maximum)
40%
(iv)
Height (Maximum)
10.5 m
(v)
Front Yard Depth (Minimum)
6.0 m to main building
(vi)
Exterior Side Yard Setback (Minimum)
4.5 m to main building
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SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE
1) SCOPE
The provisions of this Section shall apply in all Residential Type 1A (R1A) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any R1A Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following R1A uses, namely:
(a)
an accessory use;
(b)
an existing place of worship;
(c)
an existing duplex, converted or semi detached dwelling;
(d)
a home occupation;
(e)
a public use;
(f)
a single detached dwelling
(g)
an additional residential unit.
3) ZONE REQUIREMENTS
No person shall, within any R1A Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
450 m²
(b)
LOT FRONTAGE (MINIMUM)
15 m
(c)
FRONT YARD DEPTH (MINIMUM)
7.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
(i)
With attached garage or carport
1.2 m
(ii)
Without attached garage or carport 3.0 m on one side and 1.2 m on the other
side
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
7.0m
except when a corner lot's rear yard abuts the adjoining lot's rear yard, a lane or a
non-residential use, the exterior side yard requirement shall be 4.0 metres.
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
(g)
LOT COVERAGE (MAXIMUM)
35%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
30%
(i)
HEIGHT (MAXIMUM)
8.5 m
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SECTION 6
RESIDENTIAL TYPE 1A (R1A) ZONE
(j)
Accessory Uses, Additional Residential Units, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
4) SPECIAL PROVISIONS
(a)
R1A-1 (REAR LANE)
Within an area designated R1A-1 on Schedule "A" hereto, where a rear lot line abuts a
lane:
(i)
notwithstanding the provisions of Section 6(3)(d), the minimum interior side yard
requirement shall be 1.2 metres, except that garages not attached to a dwelling
and located on adjoining lots may be attached along their common lot line; and
(ii)
notwithstanding the provisions of Section 3(18), no driveway shall be constructed
in a front yard.
That all other Residential Type 1A (R1A) Zone regulations and all other general
provisions, as amended from time to time, shall apply.
(b)
R1A-2 (REDUCED FRONT AND EXTERIOR SIDE YARD)
Within an area zoned R1A-2 on Schedule "A" hereto, notwithstanding Subsections 6
(3)(c) and 6(3)(e) the following provisions shall apply:
(iii)
Front Yard Depth (Minimum)
1. single detached dwelling
5.0 m
2. garage or carport either attached to the dwelling or detached
7.0 m
(c)
R1A-3 (COTTONWOOD SUBDIVISION PHASE 2)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R1A-3 on Schedule 'A' hereto, the following zone regulations shall apply:
(i)
Height (Maximum)
10.5 m
(ii)
Front Yard Depth (Minimum)
6.0 m to main building
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SECTION 7
RESIDENTIAL TYPE 1B (R1B) ZONE
1) SCOPE
The provisions of this Section shall apply in all Residential Type 1B (R1B) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any R1B Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following R1B uses, namely:
(a)
an accessory use;
(b)
an existing place of worship;
(c)
an existing duplex, converted or semi-detached dwelling;
(d)
a home occupation;
(e)
a public use;
(f)
a single detached dwelling;
(g)
an additional residential unit.
3) ZONE REQUIREMENTS
No person shall within any R1B Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
500 m²
(b)
LOT FRONTAGE (MINIMUM)
18 m
(c)
FRONT YARD DEPTH (MINIMUM)
7.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
(i)
With attached garage or carport
1.2m
(ii)
Without attached garage or carport 3.0 m on one side and 1.2 m on the other
side
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
7.0 m
except when a corner lot's rear yard abuts the adjoining lot's rear yard, a lane or a
non-residential use, the exterior side yard requirement shall be 4.0 metres.
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
(g)
LOT COVERAGE (MAXIMUM)
35%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
30%
(i)
HEIGHT (MAXIMUM)
8.5 m
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SECTION 7
RESIDENTIAL TYPE 1B (R1B) ZONE
(j)
Accessory Uses, Additional Residential Units, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
4) SPECIAL PROVISIONS
(a)
R1B-1
Notwithstanding any provisions of this By-Law to the contrary, within an area designated
R1B-1 on Schedule "A" hereto, the following special provision shall apply:
Lot Frontage (Minimum)
15.0 m
(b)
R1B-2
Notwithstanding any provisions of this By-Law to the contrary, within an area designated
R1B-2 on Schedule "A" hereto, the following special provision shall apply:
Interior Side Yard (Minimum)
0.3 m
Rear Yard Depth (Minimum)
0.48 m
(c)
R1B-3
Notwithstanding any provisions of this By-Law to the contrary, within an area designated
R1B-3 on Schedule "A" hereto, the following special provision shall apply:
Rear Yard Depth (Minimum)
1.2 m
Exterior Side Yard (Minimum)
6.0 m
(d)
R1B-4
Not in use as of this consolidation.
(e)
R1B-5 (EXISTING CONTRACTING ESTABLISHMENT)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R1B-5 on Schedule "A" hereto, an existing contracting establishment shall be
a permitted use in addition to any use permitted in a R1B zone.
(f)
R1B-6
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R1B-6 on Schedule "A" hereto, a semi-detached dwelling shall be a permitted
use in addition to any use permitted in a R1B zone.
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SECTION 8
RESIDENTIAL TYPE 1C (R1C) ZONE
1) SCOPE
The provisions of this Section shall apply in all Residential Type 1C (R1C) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any R1C Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following R1C uses, namely:
(a)
an accessory use;
(b)
an existing place of worship;
(c)
an existing duplex, converted or semi-detached dwelling;
(d)
a home occupation;
(e)
a public use;
(f)
a single detached dwelling
(g)
an additional residential unit.
3) ZONE REQUIREMENTS
No person shall within any R1C Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
550 m²
(b)
LOT FRONTAGE (MINIMUM)
22.0 m
(c)
FRONT YARD DEPTH (MINIMUM)
7.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
(i)
With attached garage or carport
1.2 m
(ii)
Without attached garage or carport 3.0 m on one side and 1.2 m on the other
side
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
7.0 m
except when a corner lot's rear yard abuts the adjoining lot's rear yard, a lane or a
non-residential use, the exterior side yard requirement shall be 4.0 metres.
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
(g)
LOT COVERAGE (MAXIMUM)
35%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
30%
(i)
HEIGHT (MAXIMUM)
8.5 m
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SECTION 8
RESIDENTIAL TYPE 1C (R1C) ZONE
(j)
Accessory Uses, Additional Residential Units, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
4) SPECIAL PROVISIONS
(a)
R1C-1 (REDUCED REAR YARD)
Notwithstanding the provisions of Section 8(3)(f) of this By-Law to the contrary, with
lands zoned R1C-1 on Schedule "A", the following special provision shall apply:
Rear Yard Depth (Minimum)
1.2 m
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SECTION 9
RESIDENTIAL TYPE 2 (R2) ZONE
1) SCOPE
The provisions of this Section shall apply in all Residential Type 2 (R2) Zones except as otherwise
provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any R2 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following R2 uses, namely:
(a)
an accessory uses;
(b)
a converted dwelling with a maximum of two (2) dwelling units;
(c)
a duplex dwelling;
(d)
an existing place of worship;
(e)
a home occupation;
(f)
a public use;
(g)
a semi-detached dwelling;
(h)
a single detached dwelling
(i)
an additional residential unit.
3) ZONE REQUIREMENTS
No person shall within any R2 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
(i)
Single Detached Dwelling
370 m²
(ii)
Duplex or Converted Dwelling
560 m²
(iii)
Semi-Detached Dwelling
650 m²
(iv)
One-half of a semi-detached dwelling
310 m²
(b)
LOT FRONTAGE (MINIMUM)
(i)
Single Detached Dwelling
12.0 m
(ii)
Duplex or Converted Dwelling
18.0 m
(iii)
Semi-Detached Dwelling
20.0 m
(iv)
One-half of a semi-detached dwelling
9.5 m
(c)
FRONT YARD DEPTH (MINIMUM)
7.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
1.2 m
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provided that on a lot where there is no attached private garage or attached carport
the minimum interior side yard shall be 3.0 m on one side and 1.2 m on the other
side, except in case of a semi-detached dwelling where there is no attached garage
and/or carport, the minimum side yard shall be 3.0 m.
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
7.0 m
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
(g)
LOT COVERAGE (MAXIMUM)
35%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
30%
(i)
HEIGHT (MAXIMUM)
8.5 m
(j)
Accessory Uses, Additional Residential Units, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
(k)
ZERO LOT LINE - SEMI-DETACHED DWELLING
should a semi-detached dwelling subsequently obtain a consent or be subdivided such
that the lot line extends along a common wall dividing the units and where one unit of
a semi-detached dwelling occupies a lot, no minimum interior side yard width shall be
required.
4) SPECIAL PROVISIONS
(a)
R2-1 (SERVICE SHOP)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-1 on Schedule "A" hereto, a service trade shall be a permitted use in
addition to any use permitted in an R2 Zone.
(b)
R2-2 (VETERINARIAN'S CLINIC)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-2 on Schedule "A" hereto, a veterinarian's clinic shall be a permitted use
in addition to any use permitted in an R2 Zone.
(c)
R2-3 (HOME OCCUPATION/ACCESSORY BUILDING)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-3 on Schedule "A" hereto, a home occupation may be located within an
accessory building in addition to any use permitted in an R2 Zone. Notwithstanding
Section 3(9)(b), a home occupation shall employ up to a maximum of three (3)
employees who are non-residents of the dwelling.
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(d)
R2-4 (INSURANCE AND FINANCIAL SERVICES OFFICE)
(e)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-4 on Schedule "A" hereto, a business office for an insurance and financial
services business restricted to the second storey of the existing building shall be a
permitted use in addition to any use permitted in an R2 Zone.
(f)
R2-5 (LAWN BOWLING CLUB)
Notwithstanding any provisions of Subsection 9(2) of this By-Law, within any area
designated R2-5 on Schedule "A" hereto, the buildings and structures existing on the
date of passing of this By-Law may be used for a recreational use including a lawn
bowling club, in addition to any use permitted in an R2 Zone.
(g)
R2-6 (249 JOHN STREET SOUTH)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-6 on Schedule "A" hereto, a convenience store, laundromat, and home
improvement store shall be permitted uses in addition to any use permitted in an R2
Zone. A home improvement store shall be located within any existing building and shall
have a maximum gross floor area of 279 square metres.
(h)
R2-7 (NURSING HOME)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-7 on Schedule "A" hereto, a nursing home shall be a permitted use in
addition to any use permitted in an R2 Zone.
(i)
R2-8
(deleted by By-law No. 55-17)
(j)
R2-9 (SERVICE SHOP AND AUTOMOBILE SALES AND SERVICE ESTABLISHMENT)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-9 on Schedule "A" hereto, a service shop and automobile sales and
service establishment shall be permitted uses. Those uses normally permitted in the R2
Zone shall not be permitted in conjunction with the commercial uses permitted above.
(k)
R2-10 (CONVENIENCE STORE)
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Notwithstanding Section 9(2), "Permitted Uses", and any other provision of this By-Law
to the contrary, within any area zoned R2-10 on Schedule "A" hereto, a commercial
building with a gross floor area not exceeding 464 square metres (5000 square feet)
shall be permitted with permitted uses restricted to convenience stores, offices, and
personal service establishments. All plans for said development shall be approved by
the Catfish Creek Conservation Authority prior to final approval by the Town.
(l)
R2-11 (QUADRUPLEXES - ELM AND OAK STREETS)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-11 on Schedule "A" hereto shall be subject to the following regulations:
(i)
Lot Area (Minimum)
1,136 m2
(ii)
Lot Frontage (Minimum)
20 m2
(iii)
Front Yard Depth (Minimum)
4.8 m
(iv)
Interior Side Yard Width (Minimum)
2.7 m
(v)
Exterior Side Yard Width (Minimum)
4.3 m
(vi)
Rear Yard Depth (Minimum)
11.3 m
(vii)
Lot Coverage (Maximum)
40%
(viii) Landscaped Open Space (Minimum)
30%
(ix)
Height (Maximum)
8 m
(x)
Parking may occur within the exterior side yard but must be back of the main
building lot line of the front yard. Five parking spaces shall be provided.
(m)
R2-12 (FRONT YARD DEPTH REDUCTION)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-12 on Schedule "A" hereto, the following special provision shall apply:
Front Yard Depth (Minimum)
6.15 m
(n)
R2-13 (EXTERIOR SIDE YARD REDUCTION)
Within any area designated R2-13 on Schedule "A" hereto, the provisions of the R2 Zone
shall apply, except that:
(i)
notwithstanding Sub-article 9(3)(e) of this By-Law, the minimum exterior side yard
width shall be 4.8 metres.
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(o)
R2-14 (EXTERIOR SIDE YARD REDUCTION)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-14 on Schedule "A" hereto, the following special provision shall apply:
Exterior Side Yard Width (Minimum)
4.5 m
(p)
R2-15 (MINIMUM ELEVATION)
Notwithstanding the provisions of Section 9 of this By-Law to the contrary, within lands
zoned R2-15 on Schedule "A" hereto, approval must be obtained from the Conservation
Authority as to the minimum elevation to all habitable rooms.
(q)
R2-16 (VAN GURP SUBDIVISION)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-16 on Schedule "A" hereto shall have a maximum lot coverage of 40% and
a minimum rear yard setback of 6.0m. All other provisions of the zoning by-law shall
apply.
(r)
R2-17 (65 FOREST STREET QUADRUPLEX)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-17 on Schedule "A" hereto, in addition to those uses permitted in the R2
Zone, a quadruplex dwelling shall be an additional permitted use and the provisions of
the R2 Zone shall apply, except that:
(ii)
Lot Area (Minimum)
780 m2
(iii)
Lot Frontage (Minimum)
20.0 m
(iv)
A maximum of four dwelling units shall be permitted for a quadruplex dwelling on
a lot.
(s)
R2-18 (75 WATER STREET)
Notwithstanding any provisions of this By-Law to the contrary, including Section 3(1)
Accessory Uses, Section 9(2) Uses Permitted, and Section 9(3)(j) Dwelling Units Per Lot
(Maximum), within any area designated R2-18 on Schedule "A" hereto, the following
special provisions apply:
(i)
the total area of all accessory buildings or structures shall not exceed 98.5 square
metres maximum and accessory building, and
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(ii)
a second dwelling unit is permitted within an existing accessory building or
structure to a maximum of 32 square metres of floor area.
(t)
R2-T-05-2014 (TEMPORARY GARDEN SUITE)
(i)
Notwithstanding any provisions of this By-Law, a garden suite shall be a permitted
use in addition to any one of the uses permitted in an R2 Zone on the lands
designated as R2-T-05-2014 on Schedule "A" hereto.
(ii)
This additional temporary (garden suite) use shall be permitted for a maximum of
ten years form the date of passing of this By-Law, unless the period is extended by
Council pursuant to Section 39(3) of the Planning Act, R.S.O. 1990.
(u)
R2-19 (63 FOREST STREET TRIPLEX)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R2-19 on Schedule "A" hereto, in addition to those uses permitted in the R2
Zone, a triplex dwelling shall be an additional permitted use and the provisions of the R2
Zone shall apply, except that:
(i)
Lot Area (Minimum)
780 m2
(ii)
Lot Frontage (Minimum)
20.0 m
(iii)
A maximum of three dwelling units shall be permitted for a triplex dwelling on a
lot.
(v)
R2-20 (WILLOW RUN SUBDIVISION)
Notwithstanding any provisions of this By-law to the contrary, within any area zoned
'R2-20' on Schedule 'A' attached hereto, semi-detached dwelling shall be the only
permitted use, and the provisions of the R2 Zone shall apply except for the following
special provisions:
(a) LOT AREA (MINIMUM)
(i)
Semi-Detached Dwelling
620 m2
(ii)
One-half of a semi-detached dwelling
310 m2
(b) FRONT YARD (MINIMUM)
6.0 m
(c) EXTERIOR SIDE YARD DEPTH (MINIMUM)
3.5 m in all cases notwithstanding
Section 3.26
(d) MAXIMUM LOT COVERAGE
50%
(e) MAXIMUM DECK ENCROACHMENT
4.0 m
(f)
OTHER PARKING REGULATIONS: Notwithstanding Section 3(18)(i)(i)., a semi-
detached dwelling will require one driveway per unit with the driveway to be fully
within the individual unit frontage with a minimum width of 3.0 metres and a
maximum width of 6.0 metres.
SECTION 9
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(g) ZERO LOT LINE - SEMI-DETACHED DWELLING
should a semi-detached dwelling with frontage on a public street and with individual
unit vehicular access subsequently obtain a consent or be subdivided into individual
lots such that the lot line extends along a common wall dividing the units, the lot area,
frontage and side yard provisions of this by-law shall be interpreted as applying to the
zone and not the individually created lot.
(W) R2-21 (104 & 106 South Street East)
Notwithstanding any provisions of this By-law to the contrary, within any area zoned R2-
21 on Schedule 'A' hereto, the existing additional residential unit located in each one-half
of a semi-detached dwelling shall be permitted as of the date of passing of this By-law, in
addition to those uses permitted in the R2 Zone.
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SECTION 10 RESIDENTIAL TYPE 3 (R3) ZONE
1) SCOPE
The provisions of this Section shall apply in all Residential Type 3 (R3) Zones except as otherwise
provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any R3 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following R3 uses, namely:
(a)
an accessory use;
(b)
a duplex dwelling;
(c)
a converted dwelling with a maximum of four (4) dwelling units;
(d)
a home occupation;
(e)
a public use;
(f)
a quadruplex dwelling;
(g)
a semi-detached dwelling;
(h)
a single detached dwelling;
(i)
a triplex dwelling
(j)
an additional residential unit.
3) ZONE REQUIREMENTS
No person shall within any R3 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
(i)
Single Detached Dwelling
370 m²
(ii)
Duplex or Converted Dwelling
560 m²
(iii)
Semi-Detached Dwelling
600 m²
(iv)
One-half of a semi-detached dwelling
280 m²
(v)
Triplex or Quadruplex
780 m²
(b)
LOT FRONTAGE (MINIMUM)
(i)
Single Detached Dwelling
10.0 m
(ii)
Duplex or Converted Dwelling
18.0 m
(iii)
Semi-Detached Dwelling
18.0 m
(iv)
One-half of a semi-detached dwelling
8.5 m
(v)
Triplex or Quadruplex
25.0 m
SECTION 10
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(c)
FRONT YARD DEPTH (MINIMUM)
(i)
Single Detached Dwelling
5.0 m
(ii)
Duplex or Converted Dwelling
5.0 m
(iii)
Semi-Detached Dwelling
5.0 m
(iv)
Triplex or Quadruplex
5.0 m
(v)
Garage (either attached to a dwelling unit or detached)
7.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
1.2 m
Provided that on a lot where there is no rear lane access and there is no attached
private garage or attached carport, the minimum interior side yard width shall be 3.0
metres on one side and 1.2 metres on the other side, except in the case of a semi-
detached dwelling where there is no rear lane access and no attached garage and/or
carport, the minimum side yard shall be 3.0 metres.
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
(i)
Dwelling Unit
2.0 m
(ii)
Garage Front Wall (either attached or detached to
dwelling unit)
7.0 m
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
(g)
LOT COVERAGE (MAXIMUM)
(i)
Main Building
40%
(ii)
Accessory Buildings
15%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
30%
(i)
HEIGHT (MAXIMUM)
8.5 m
(j)
Accessory Uses, Additional Residential Units, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof, or as set out in this Zone under
Special Provisions.
4) SPECIAL PROVISIONS
(a)
Notwithstanding any provisions of this By-law to the contrary, within any area
designated R3, the following provisions shall apply.
(i)
ACCESS
Where a lot abuts a lane, vehicular access shall only be from the lane.
SECTION 10
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(ii)
LOT FRONTAGE
All lots must have frontage on a primary or secondary street. In no instance shall
a lot front onto a lane.
(iii)
BUILDING SETBACKS FROM DAYLIGHT TRIANGLES
Where a daylight triangle is taken from a lot, all accessory structures and the
dwelling unit must be set back at least 1.0 metre from the daylight triangle.
(iv)
PARKING REGULATIONS
In addition to the parking regulations set out in Section 3(18) of this By-Law, the
following parking regulations shall also apply to lands zoned R3. In the case of
conflict, the regulations set out below shall prevail.
1.
Notwithstanding Section 3(18) of this By-Law, where a lot abuts a lane,
there shall be no parking on any front yard or side yard.
2.
Notwithstanding Section 3 of this By-Law, parking may be provided in
tandem for all individual dwelling units.
3.
All surface and enclosed detached parking areas for lots abutting a lane
must be located entirely within a distance of 13.0 metres from the rear lot
line.
4.
A driveway may be located closer than 1.0 metre to the interior lot line.
(v)
SETBACK OF GARAGE
Notwithstanding Section 10(3)(c), where the front yard depth of a single detached
dwelling or semi-detached dwelling is 7.0 metres or greater, the minimum front
yard depth of a garage (either attached to a dwelling unit or detached) shall not
be equal to the front yard depth of the main dwelling and must be at a greater
front yard depth.
(vi)
YARD ENCROACHMENT
Notwithstanding Section 3(25) unenclosed porches or decks may encroach on a
front yard or rear yard to a maximum distance requirement of 2.0 metres.
(b)
R3-2 (37 WATER STREET)
Notwithstanding any provisions of this By-law to the contrary, within any area zoned R3-
2 on Schedule "A" hereto a triplex or a quadruplex shall be permitted to have a
minimum lot frontage of 18.8 metres and a minimum lot area of 760 square metres. All
SECTION 10
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other zone requirements of the R3 zone shall apply with the exception of Section
10(4)(a).
(c)
R3-4 (STREET TOWNHOUSE - 50 SOUTH STREET)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R3-4 on Schedule 'A' hereto, a four unit street townhouse shall be a
permitted use in addition to any use permitted in an R3 Zone, and the following special
provisions apply to a street townhouse:
(i)
Lot Area (Minimum)
780 m2
(ii)
Lot Frontage (Minimum)
25.0 m
(iii)
Lot Coverage (Maximum)
40 %
(iv)
Landscaped Open Space (Minimum)
30%
(v)
Exterior Side Yard Width (Minimum)
4.5 m
(vi)
Zero Lot Line
Should a street townhouse with frontage on a public street and with individual
unit vehicle access subsequently obtain a consent or be subdivided into
individual lots, the lot area, lot frontage and side yard provisions of this By-law
shall be interpreted as applying to the Zone and not the individually created lot.
(vii)
Sight Triangle
Notwithstanding Section 3, Sub-article (21)(b), for the purpose of calculating the
extent of a sight triangle, the distance between the point of intersection of the
two lot lines and their respective points of intersection with the line constituting
the third side of the triangle shall be 4 metres.
(d)
R3-5 (JLC HOMES LIMITED - ANNE STREET WEST)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated R3-5 on Schedule 'A' hereto, the following special provisions apply to a single
detached dwelling:
(i)
Lot Coverage (Maximum)
41
(e)
R3-6 (48 ELK STREET)
Notwithstanding any provisions of this By-Law to the contrary, within any area zoned
R3-6 on Schedule 'A' hereto, the following provisions shall apply:
(i)
USES PERMITTED
Converted Dwelling to a maximum of three (3) dwelling units
SECTION 10
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(f)
R3-7
(COTTONWOOD SUBDIVISION PHASE 2)
(i)
Lot Coverage (Maximum)
40%
(ii)
(an additional 5% may accommodate a covered porch)
Height (Maximum)
10.5 m
(iii)
Other
Include Street Fronting Townhouse as a permitted use with the following
performance standards:
Lot Frontage:
6.0 m
Lot Area:
180.0 m²
All other regulations of the R3 Zone can remain as currently permitted by
Zoning By-law No. 57-99. No further site-specific changes are requested.
(g)
R3-8
(33 SOUTH STREET EAST)
Notwithstanding any provisions of this By-law to the contrary, within any area
zoned R3-8 on Schedule "A" hereto, the following provisions shall apply:
(i)
USES PERMITTED
Converted Dwelling to a maximum of five (5) dwelling units
(h)
R3-9 (196 SYDENHAM STREET EAST)
Notwithstanding any provisions of this By-law to the contrary, within any area
zoned R3-9 on Schedule 'A' attached hereto, the permitted uses shall include a
multiple unit converted dwelling and an additional residential unit in a detached
accessory building.
(i)
R3-10 (62 PINE STREET WEST)
Notwithstanding any provisions of this By-law to the contrary, within any area zoned
R3-10 on Schedule 'A' attached hereto, a converted dwelling to a maximum of four (4)
dwelling units shall be a permitted use, and the following special provisions shall apply
to a converted dwelling:
(i) Exterior Side Yard Width (Minimum)
3.5 m
(ii) Rear Yard Depth (Minimum)
2.1 m
(iii) Height (Maximum)
As existed on the date of passing of this By-law.
(j)
R3-11 (WILLOW RUN SUBDIVISION)
Notwithstanding any provisions of this By-law to the contrary, within any area
zoned R3-11 on Schedule 'A' attached hereto, single detached dwelling shall be
the only permitted use, and the provisions of the R3 Zone shall apply except for
SECTION 10
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the following special provisions:
(a) EXTERIOR SIDE YARD DEPTH (MINIMUM)
3.5 m in all cases notwithstanding Section
3.26
(b) LOT COVERAGE (MAXIMUM)
(i)
Main Building
50%
(c) MAXIMUM DECK ENCROACHMENT
4.0 m
(d) GARAGE SETBACK (FRONT YARD):
Notwithstanding Section 10(3)(c)(v) and Section 10(4)(v), the garage front yard shall be
a minimum of 6.0 m.
(k)
R3-12
(Cottonwood Subdivision Phase 3)
Notwithstanding any provisions of this By-law to the contrary, within any area zoned
R3-12 on Schedule 'A' hereto, the following special provisions apply to a semi-detached
dwelling:
(a)
LOT AREA (MINIMUM)
(i)
Semi-Detached Dwelling
500 m2
(ii)
One-half of a Semi-Detached dwelling
250 m2
(b)
LOT FRONTAGE (MINIMUM)
(i)
Semi-Detached Dwelling
17.0 m
(c)
LOT COVERAGE (MAXIMUM)
(i)
Main Building
50%
(l)
R3-13
(52 WARREN STREET)
Notwithstanding any provisions of this By-law to the contrary, within any area zoned R3-13 on
Schedule 'A' hereto, the following special provisions apply to a semi-detached dwelling:
(a) LOT AREA (MINIMUM)
(i)
Semi-Detached Dwelling
404 m2
(ii)
One-half of a Semi-Detached dwelling
202 m2
(b)
REAR YARD DEPTH (MINIMUM)
5.0 m
(c)
LOT COVERAGE (MAXIMUM)
(i)
Main Building
42%
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SECTION 11
MULTIPLE FIRST DENSITY (RM1) ZONE
1) SCOPE
The provisions of this Section shall apply in all Residential Multiple First Density (RM1) Zones
except as otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any RM1 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following RM1 uses, namely:
(a)
an accessory use;
(b)
a home occupation;
(c)
a public use;
(d)
a quadruplex dwelling;
(e)
a townhouse dwelling;
(f)
a triplex dwelling;
(g)
any use permitted in an R3 Zone.
3) ZONE REQUIREMENTS
No person shall within any RM1 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
Any use permitted in the RM1 Zone that is also permitted in the R3 zone is subject to the Zone
Requirements of Section 10 as it relates to the specific use. A townhouse dwelling shall be
subject to the following zone requirements.
(a)
LOT AREA (MINIMUM)
780 m²
(b)
LOT FRONTAGE (MINIMUM)
25.0 m
In infilling situation, the frontage requirement may be reduced to 10.0 metres (32.8
ft.) provided no buildings are located in any part of the lot less than 25.0 metres in
width.
(c)
FRONT YARD DEPTH (MINIMUM)
6.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
3.0 m
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
6.0 m
(f)
REAR YARD DEPTH (MINIMUM)
6.0 m
(g)
LOT COVERAGE (MAXIMUM)
40%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
30%
(i)
HEIGHT (MAXIMUM)
8.5 m
SECTION 11
RESIDENTIAL MULTIPLE FIRST DENSITY (RM1) ZONE
TOWN OF AYLMER ZONING BY-LAW
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(k)
ZERO LOT LINE
Should a townhouse dwelling with frontage on a public street and with individual unit
vehicle access subsequently obtain a consent or be subdivided into individual lots, the
lot area, lot frontage and side yard provisions of this By-Law shall be interpreted as
applying to the Zone and not the individually created lot.
(l)
Accessory Uses, Additional Residential Units, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
4) SPECIAL PROVISIONS
(a)
RM1-1 (MAPLEHURST - TOWNHOUSING)
Notwithstanding any provision of the RM1 Zone to the contrary, within any area
designated RM1-1 on Schedule "A" hereto, the following zone regulations shall apply:
(i)
Uses Permitted
In addition to those uses set out in Subsection 11(2), stacked townhouse dwellings
shall be permitted.
(ii)
Zone Requirements
The lands affected, being 199 Talbot Street West and 213 Talbot Street West, are
recognized as one development parcel for the purpose of implementing the
following regulations of the RM1-1 Zone.
1. Lot Area (Minimum)
4000 m²
2. Lot Frontage (Minimum)
25 m
3. Front Yard Depth (Minimum)
4.0 m
4. Interior Side Yard Width (Minimum)
2.4 m
5. Rear Yard Depth (Minimum)
7.5 m
6. Lot Coverage (Maximum)
30%
7. Landscaped Open Space (Minimum)
30%
8. Height (Maximum)
10 m
9. Privacy Yards (Minimum)
1.5 m
(Privacy yards not in use in this consolidation)
10. Accessory Uses, Parking, Home Occupation, etc. in accordance with the
provisions of Section 3 hereof, except that notwithstanding Article
3(17)(e), the minimum rectangular dimensions of any parking space shall
be 2.75 metres (9 ft.) by 5.5 metres (19 ft.).
11. Notwithstanding the definition of "lot" in Section 2(182), the following
provision shall apply to lands designated RM1-1 on Schedule "A" hereto.
SECTION 11
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Nothing in this By-Law shall prevent the conveyance of any parcel or tract
of land for which a consent is granted pursuant to Section 53 of the
Planning Act, R.S.O. 1990, or created by the lifting of Part Lot Control
pursuant to Section 50(5) of the Planning Act, R.S.O. 1990, even if the
resulting parcel does not conform to the regulations of this By-Law,
provided:
a.
the parcel of land received site plan approval under Section 41 of the
Planning Act, R.S.O. 1990, prior to the consent being granted or Part
Lot Control being lifted and the agreement has been registered on
title; and
b.
no development or redevelopment of the site shall occur except in
conformity with the Site Plan Agreement.
TOWN OF AYLMER ZONING BY-LAW
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126
SECTION 12 RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
1) SCOPE
The provisions of this Section shall apply in all Residential Multiple Second Density (RM2) Zones
except as otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any RM2 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following RM2 uses, namely:
(a)
an accessory use;
(b)
a home occupation;
(c)
a multiple dwelling;
(d)
a public use;
(e)
any use permitted in an RM1 Zone.
3) ZONE REQUIREMENTS
No person shall within any RM2 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
900 m²
(b)
LOT FRONTAGE (MINIMUM)
30.0 m
(c)
FRONT YARD DEPTH (MINIMUM)
6.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
3.0 m
or half the height of the building, whichever is greater
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
6.0 m
Or half the height of the building, whichever is greater
(f)
REAR YARD DEPTH (MINIMUM)
6.0 m
Or half the height of the building, whichever is greater
(g)
LOT COVERAGE (MAXIMUM)
40%
including parking structures
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
30%
(i)
HEIGHT (MAXIMUM)
22.0 m
(j)
Accessory Uses, Parking, Home Occupation, etc. in accordance with the provisions of
Section 3 hereof.
SECTION 12
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127
4) SPECIAL PROVISIONS
(a)
RM2-1 (WILLOW RUN SUBDIVISION )
Notwithstanding any provisions of this By-law to the contrary, within any area zoned 'RM2-1'
on Schedule 'A' attached hereto, townhouse dwelling shall be the only permitted use and the
provisions of the RM2 Zone shall apply except for the following special provisions:
(a) LOT AREA (MINIMUM)
180 m2 per dwelling unit
(b) LOT FRONTAGE (MINIMUM)
Townhouse Dwelling
25.0 m
One unit of Townhouse Dwelling
6.0 m
(c) EXTERIOR SIDE YARD (MINIMUM)
3.5 m in all cases
notwithstanding Section 3.26
(d) INTERIOR SIDE YARD WIDTH (MINIMUM)
2.0 m
(e) MAXIMUM LOT COVERAGE
50%
(f)
MAXIMUM DECK ENCROACHMENT
4.0 m
(g) GARAGE SETBACK (FRONT YARD)
6.0 m
(h) ZERO LOT LINE - TOWNHOUSE DWELLING
Should a townhouse dwelling with frontage on a public street and with individual unit
vehicle access subsequently obtain a consent or be subdivided into individual lots, the lot
area, lot frontage and side yard provisions of this By-law shall be interpreted as applying
to the Zone and not the individually created lot.
(i)
For Lot 9, the front lot line shall be determined to be the northerly lot line for the
purposes of the other RM1 Zone provisions.
(iii)
Notwithstanding Section 3(18)(i)(i), a townhouse dwelling will require one driveway per
unit with the driveway to be fully within the individual unit frontage with a minimum
width of 3.0 m and a maximum width of 6.0 m.
(b)
RM2-2 (WILLOW RUN SUBDIVISION )
Notwithstanding any provisions of this By-law to the contrary, within any area zoned RM2-2 on
Schedule 'A' attached hereto, townhouse dwelling shall be the only permitted use and the
provisions of the RM2 Zone shall apply except for the following special provisions:
(a)
FRONT YARD (MINIMUM)
3.5 m
(north side)
(b)
INTERIOR SIDE YARD WIDTH (MINIMUM)
2.0 m
(c)
REAR YARD (MINIMUM)
3.5
(d)
MAXIMUM DECK ENCROACHMENT
4.0 m
(e) The front lot line shall be determined to be the northerly lot line for the purposes of the
other RM2 Zone provisions.
(c)
RM2-3 (APARTMENT BUILDING - 201 ELK STREET)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated RM2-3 on Schedule "A" hereto, the minimum lot frontage requirement shall
be 22.86 metres (75 ft.), the minimum interior side yard requirement shall be 7.0 metres
(23 ft.) on one side and 3.6 metres (11.8 ft.) on the other, and the minimum privacy yard
SECTION 12
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requirement shall be 3.6 metres (11.8 ft.). Privacy yards not in use in this consolidation.
(d)
RM2-4 (SENIOR CITIZEN APARTMENT)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated RM2-4 on Schedule "A" hereto, a senior citizen apartment shall be a
permitted use in addition to any use permitted in an RM2 Zone.
(e)
RM2-5 (101 SPRUCE STREET WEST)
Notwithstanding any provision of this By-Law to the contrary, within any area zoned
RM2-5 on Schedule "A" hereto, the permitted uses shall include professional offices
within an existing building and all use permitted in the Residential Multiple Second
Density (RM2) Zone.
(f)
RM2-6 (353 TALBOT STREET WEST)
Notwithstanding any provision of this By-Law to the contrary, within any area zoned
RM2-6 on Schedule "A" hereto, the permitted uses shall be an apartment building
containing a maximum of 16 dwelling units. The minimum lot area shall be 3,770 square
metres. The maximum height shall be 4 storeys and will not exceed 14.0 metres in total
height. In addition, an existing accessory one storey building with a maximum gross floor
area of 123.0 square metres shall be permitted as an accessory use to the apartment
building and shall be dedicated to use by the occupants of the apartment for
recreational purposes. All other zone requirements of the RM2 zone apply.
(g)
RM2-7 (78 SPRUCE STREET)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated RM2-7 on Schedule 'A' hereto, the repair and certification of motor vehicles,
including motor vehicles not associated with the existing transport terminal, shall be
permitted within an accessory building as an extension of a legal non-conforming use.
(h)
RM2-8 (10 & 12 WELLINGTON STREET)
Notwithstanding any provision of this By-Law to the contrary, within any area zoned
RM2-8 on Schedule "A" hereto, and notwithstanding section 18, Parking Regulations,
the minimum parking space requirement for a multiple dwelling containing ten (10)
dwelling units shall be eight (8) parking spaces.
(i)
RM2-9 (336 JOHN STREET SOUTH - DLT HOLDINGS 2 INC.)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated RM2-9 on Schedule 'A' hereto, the following zone regulations shall apply:
(i)
Privacy Yards (Minimum) (Not in use in this consolidation)
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A privacy zone shall be provided adjoining each exterior wall of every dwelling
unit that contains habitable room windows.
Notwithstanding Section 12(3)(j) of this By-law to the contrary, the following
shall apply:
For six townhouse units with rear yards abutting a southerly side lot line, a
minimum 3.0 m privacy yard shall be required.
For all other townhouse units, a minimum 6.0 m privacy yard shall be required.
(j)
RM2-10 (COTTONWOOD SUBDIVISION PHASE 2)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated RM2-10 on Schedule 'A' hereto, the following zone regulations shall apply:
(ii)
Privacy Yards (Minimum)
4.5 m
(Not in use in this consolidation)
(iii)
A senior citizen apartment shall be a permitted use in addition to any use
permitted in an RM2 Zone
(iv)
The lot shall be considered as a whole for the purpose of zoning regulations
when there is a condo approval or Part Lot Control.
(v)
A lot shall be permitted on a private road.
(k)
RM2-11 (Willow Run Subdivision)
Notwithstanding any provisions of this By-law to the contrary, within any area zoned RM2-11
on Schedule 'A' attached hereto, townhouse dwelling shall be the only permitted use and the
provisions of the RM2 Zone shall apply except for the following special provisions:
(a) LOT AREA (MINIMUM)
180 m2 per dwelling unit
(b) LOT FRONTAGE (MINIMUM)
Townhouse Dwelling
25.0 m
One unit of Townhouse Dwelling
6.0 m
(c) EXTERIOR SIDE YARD (MINIMUM)
3.5 m in all cases
notwithstanding Section 3.26
(d) INTERIOR SIDE YARD WIDTH (MINIMUM) 2.0 m
(e) REAR YARD DEPTH (MINIMUM)
15.0 m
(f) MAXIMUM LOT COVERAGE
50%
(g) MAXIMUM DECK ENCROACHMENT
4.0 m
(h) GARAGE SETBACK (FRONT YARD)
6.0 m
SECTION 12
RESIDENTIAL MULTIPLE SECOND DENSITY (RM2) ZONE
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CONSOLIDATED VERSION - JULY 4, 2025
130
(i) ZERO LOT LINE - TOWNHOUSE DWELLING
Should a townhouse dwelling with frontage on a public street and with individual unit
vehicle access subsequently obtain a consent or be subdivided into individual lots, the lot
area, lot frontage and side yard provisions of this By-law shall be interpreted as applying
to the Zone and not the individually created lot.
(k) Notwithstanding Section 3(18)(i)(i), a townhouse dwelling will require one driveway
per unit with the driveway to be fully within the individual unit frontage with a minimum
width of 3.0 m and a maximum width of 6.0 m.
(l)
RM2-12 (249 JOHN STREET SOUTH) - NEED TO CHANGE TO RM2-12
Notwithstanding any provisions of this By-law to the contrary, within any area zoned
RM2-12 on Schedule 'A' hereto, the minimum interior side yard width (south side) for a
multiple dwelling containing two (2) dwelling units shall be 2.0 m.
TOWN OF AYLMER ZONING BY-LAW
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131
SECTION 13 RESIDENTIAL HOLDING (RH) ZONE
1) SCOPE
The provisions of this Section shall apply in all Residential Holding (RH) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any RH Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following RH uses, namely
(a)
a building or structure accessory to the foregoing permitted uses;
(b)
a home occupation;
(c)
a public use;
(d)
those uses legally existing on the day of the passing of this By-Law.
3) ZONE REQUIREMENTS
No person shall within any RH Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
The area of the lot as existing on the date of the passing of this By-Law
(b)
LOT FRONTAGE (MINIMUM)
The lot frontage existing on the date of the passing of this By-Law
(c)
FRONT YARD DEPTH (MINIMUM)
The front yard depth of the lot as existing on the date of the passing of this By-Law
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
The interior side yard width of the lot as existing on the date of the passing of this By-
Law
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
The exterior side yard width of the lot as existing on the date of the passing of this By-
Law
(f)
REAR YARD DEPTH (MINIMUM)
The rear yard depth of the lot as existing on the date of the passing of this By-Law
(g)
LOT COVERAGE (MAXIMUM)
5%
(h)
Lands zoned "Residential Holding" may, upon application to the Corporation, be
zoned to a specific category in conformity with the Official Plan
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SECTION 13
RESIDENTIAL HOLDING (RH) ZONE
(i)
Accessory Uses, Additional Residential Units, Parking, Home Occupation, etc. in
accordance with the provisions of Section 3 hereof.
4) SPECIAL PROVISIONS
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133
SECTION 14 COMMERCIAL CORE (C1) ZONE
1) SCOPE
The provisions of this Section shall apply in all Commercial Core (C1) Zones except as otherwise
provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any C1 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following C1 uses, namely:
(a)
an art gallery;
(b)
a bakery;
(c)
a bed and breakfast establishment;
(d)
a brewing on premises establishment;
(e)
a bulk sales establishment;
(f)
a cannabis retail store;
(g)
a cinema;
(h)
a clinic;
(i)
a commercial parking lot;
(j)
a commercial school;
(k)
a commercial recreation establishment;
(l)
a convenience store;
(m)
a continuum-of-care facility;
(n)
a data processing establishment;
(o)
a day care facility;
(p)
a department store;
(q)
a dry cleaning and laundry depot;
(r)
a dwelling unit;
(s)
an existing assembly hall;
(t)
an existing place of worship;
(u)
a financial institution;
(v)
a florist shop;
(w)
a food store;
(x)
a funeral home;
(y)
a hardware store;
(z)
a hotel;
(aa)
an institutional use;
(bb)
a laundromat;
(cc)
a medical/dental office;
(dd)
a merchandise service shop;
(ee)
an office;
SECTION 14
COMMERCIAL CORE (C1) ZONE
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(ff)
a parking area;
(gg)
a personal service establishment;
(hh)
a pet grooming establishment;
(ii)
a pharmacy;
(jj) a place of entertainment;
(kk) a printing establishment;
(ll) a public use;
(mm)
a recreational establishment;
(nn)
a restaurant;
(oo)
a retail store;
(pp)
a shopping centre;
(qq)
a small repair and rental establishment;
(rr)
a studio;
(ss)
a supermarket;
(tt)
a tavern;
(uu)
a taxi establishment;
(vv)
a theatre;
(ww)
a veterinarian's clinic;
(xx)
a video rental establishment;
(yy)
a wholesale establishment accessory to a permitted C1 use
3) ZONE REQUIREMENTS
No person shall within any C1 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
No Minimum
(b)
LOT FRONTAGE (MINIMUM)
No Minimum
(c)
FRONT YARD DEPTH (MINIMUM)
No Minimum
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
No Minimum
Provided that where the interior side lot line abuts land in a zone other than a
Commercial or Institutional Zone, the minimum interior side yard width shall be 7
metres.
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
No Minimum
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
(g)
LOT COVERAGE (MAXIMUM)
No Maximum
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
No Minimum
(i)
DWELLING UNITS
(i)
Area (Minimum)
Dwelling Units shall conform with the minimum space
SECTION 14
COMMERCIAL CORE (C1) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
135
requirements, room sizes and floor areas as outlined in the
Ontario Building Code, as amended.
(ii)
No dwelling unit shall be established in any portion of the ground floor located
adjacent to the front line, and a commercial frontage adjacent to the street shall
be maintained, unless the existing structure was originally constructed as a
dwelling. Further a dwelling unit shall be permitted in the rear of the ground
floor of a commercial building and shall occupy a maximum of 50% of the
ground floor area.
(iii)
Conversion of vacant floor space above a commercial use in a C1 Zone to
residential dwelling units shall be permitted
(j)
HEIGHT (MAXIMUM)
10m
or as outlined below, whichever is the greater:
(i)
Parapet line for buildings located on a corner: The top of the highest projection
along the façade may be no more than 50 cm higher than the highest parapet
line along the block in which the building is situated. Any new building replacing
a damaged building may not be built to less than the height of the original
building
(ii)
Parapet line for buildings located between two other buildings: The top of the
highest projection along the façade may be no more than 50 cm higher than the
higher parapet line of the two adjacent buildings
(iii)
Roof line: If a roof is flat, it shall be located lower than the parapet. If a roof is
sloped, its ridge shall be no higher than the highest ridge or parapet on the block
on which the building is situated
Chimneys are not included in the height restrictions.
(k)
PARKING/LOADING
No parking or loading spaces are required within the C1 Zone, however, if provided,
no parking or loading spaces shall be located within the front yard or between the
main building, and on either Talbot Street or John Street
(l)
Accessory Uses, Parking, Home Occupation, etc. in accordance with the provisions of
Section 3 hereof.
4) SPECIAL PROVISIONS
(a)
C1-1 (REDUCED REAR YARD AND INCREASED HEIGHT)
Notwithstanding any provisions of Section 14(3) of this By-law to the contrary, within
any area zoned as C1-1 on Schedule "A" hereto, the following zone regulations shall
apply:
SECTION 14
COMMERCIAL CORE (C1) ZONE
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CONSOLIDATED VERSION - JULY 4, 2025
136
(i)
Rear Yard Depth (Minimum)
1.0 m
(ii)
Height (maximum)
15.0 m
(b)
C1-2 (34 SYDENHAM STREET EAST)
(iii)
Notwithstanding any provision of this By-law to the contrary, within any area
zoned C1-2 on Schedule 'A' hereto, multiple dwelling to a maximum of six (6)
dwelling units and all C1 Uses Permitted shall be permitted.
(iv)
Notwithstanding Section 14(3)(i)(ii) of the By-law, a maximum of one (1) dwelling unit
shall be established in a portion of the ground floor adjacent to the front lot line.
(v)
Section 3(18) Parking Regulations shall apply.
TOWN OF AYLMER ZONING BY-LAW
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137
SECTION 15 SUPPORT COMMERCIAL (C2) ZONE
1) SCOPE
The provisions of this Section shall apply in all Support Commercial (C2) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any C2 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following C2 uses, namely:
(a)
an art gallery;
(b)
an assembly hall;
(c)
an automobile sales and service establishment;
(d)
an automobile service station;
(e)
a bed and breakfast establishment;
(f)
a body shop;
(g)
a brewing on premises establishment;
(h)
a bulk sales establishment;
(i)
a cannabis retail store;
(j)
a clinic;
(k)
a convenience store;
(l)
a drive-through facility;
(m)
a day care facility;
(n)
a dry cleaning and laundry depot;
(o)
a dwelling unit;
(p)
an existing converted dwelling, duplex dwelling or multiple dwelling;
(q)
a funeral home;
(r)
a gas bar;
(s)
a hotel or motel;
(t)
an institutional use;
(u)
a laundromat;
(v)
a lodging house;
(w)
a merchandise service shop;
(x)
an office;
(y)
a parking area;
(z)
a personal service establishment;
(aa)
a pet grooming establishment;
(bb)
a place of entertainment;
(cc)
a place of worship;
(dd)
a printing establishment;
(ee)
a public use;
SECTION 15
SUPPORT COMMERCIAL (C2) ZONE
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138
(ff)
a restaurant;
(gg)
a retail store;
(hh)
a shopping centre;
(ii)
a small repair and rental establishment;
(jj)
a supermarket;
(kk)
a taxi establishment;
(ll)
a vehicle repair garage;
(mm)
a vehicle repair shop;
(nn)
a veterinarian's clinic;
(oo)
a wholesale establishment accessory to a permitted C2 use.
3) ZONE REQUIREMENTS
No person shall within any C2 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
(i)
Automobile Service Station
900 m²
(ii)
Other Uses
No Minimum
(b)
LOT FRONTAGE (MINIMUM)
(i)
Automobile Service Station
35 m
(ii)
Other Uses
No Minimum
(c)
FRONT YARD DEPTH (MINIMUM)
(i)
Automobile Service Station
15 m
(ii)
Other Uses
No Minimum
(d)
INTERIOR SIDE YARD WIDTH
(MINIMUM)
(i)
Automobile Service Station
7.0 m
(ii)
Other Uses
No Minimum
(iii)
Provided that where the interior side lot line abuts land in a zone other than a
Commercial or Industrial Zone, the minimum interior side yard width shall be
7.0m
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
(i)
Automobile Service Station
15 m
(ii)
Other Uses
No Minimum
(f)
REAR YARD DEPTH (MINIMUM)
(i)
Automobile Service Station
7.5 m
(ii)
Other Uses
No Minimum
SECTION 15
SUPPORT COMMERCIAL (C2) ZONE
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139
(g)
LOT COVERAGE (MAXIMUM)
(i)
Automobile Service Station
30%
(ii)
Other Uses
No Maximum
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
(i)
Automobile Service Station
5%
(ii)
Other Uses
No Minimum
(i)
DWELLING UNITS
(i)
No dwelling unit shall be established in any portion of the ground floor located
adjacent to the front lot line, and a commercial frontage adjacent to the street
shall be maintained, unless the existing structure was originally constructed as a
dwelling.
(ii)
Conversion of vacant floor space above a commercial use in a C2 Zone to
residential dwelling units shall be permitted. Further a dwelling unit shall be
permitted in the rear of the ground floor of a commercial building and shall
occupy a maximum of 50% of the ground floor area.
(j)
HEIGHT (MAXIMUM)
7.5 m
(k)
AUTOMOTIVE USE PUMP LOCATION
Notwithstanding any other provisions of this By-Law to the contrary, a pump island
together with canopy and kiosk may be located within any front yard or exterior side
yard provided:
(i)
The minimum distance between any portion of the pump island and any lot line
shall be 5.0 metres; and
(ii)
Where the lot is a corner lot, no portion of any pump island shall be located
closer than 3.0 metres to a straight line between a point in the front lot line and
a point in the exterior side lot line, each such point being distant 12 metres
from the intersection of such lines
(l)
OPEN STORAGE
No open storage of goods, materials or waste shall be permitted.
(m)
Accessory Uses, Parking, etc. in accordance with the provisions of Section 3 hereof
4) SPECIAL PROVISIONS
(a)
C2-1 (GROUND FLOOR RESIDENTIAL)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C2-1 on Schedule "A" hereto, the permitted uses shall be restricted to three
(3) dwelling units which shall be permitted on the ground floor of the existing building in
addition to four (4) existing senior citizen apartments, as well as the two (2) existing
dwelling units located above the first floor.
SECTION 15
SUPPORT COMMERCIAL (C2) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
140
(b)
C2-2 (SPECIAL PROVISIONS)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C2-2 on Schedule "A" hereto, the permitted uses shall be any uses permitted
in a C2 Zone with the exception of all automotive uses. The open storage, including
storage of goods for sale, in the front and exterior side yard shall also be prohibited. The
front yard shall be the established front yard and shall be landscaped.
(c)
C2-3 (FRONT YARD PARKING)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C2-3 on Schedule "A" hereto, the required parking to accommodate building
expansion will be permitted in the front yard.
(d)
C2-4
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C2-4 on Schedule "A" hereto, a car wash shall be permitted in addition to any
use permitted in a C2 zone. The following zone regulations shall apply:
(i)
Front Yard Depth (Minimum)
15m
(ii)
Rear Yard Depth (Minimum)
7.5m
(iii)
Interior Side Yard Width (Minimum)
7.0m
(iv)
Exterior Side Yard Width (Minimum)
15m
(e)
C2-5
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C2-5 on Schedule "A' hereto, the following uses shall be permitted:
(v)
an art gallery
(vi)
a financial institution
(vii)
a cinema
(viii)
a department store
(ix)
a dwelling unit restricted to above the first
(x)
a financial institution
(xi)
a funeral home
(xii)
a hardware store
(xiii)
a hotel or motel
(xiv)
an institutional use
(xv)
a personal service establishment
(xvi)
a pharmacy
(xvii)
a place of entertainment
(xviii)
a printing establishment
SECTION 15
SUPPORT COMMERCIAL (C2) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
141
(xix)
a public use
(xx)
a recreational establishment
(xxi)
a restaurant
(xxii)
a retail store
(xxiii)
a shopping centre
(xxiv)
a studio
(xxv)
a tavern
(xxvi)
a theatre
(xxvii)
a veterinarian's clinic - no animal housed overnight
(xxviii)
a video rental establishment
(xxix)
a wholesale use accessory to a permitted use
All other regulations of the By-Law shall apply
(f)
C2-6 (ELGIN FEEDS)
Notwithstanding any provision of this By-Law to the contrary, within any area zoned C2-
6 on Schedule "A" hereto, the permitted uses shall include existing uses, an open air
farmer's market and all uses permitted in the Support Commercial (C2) Zone. A zero lot
line setback shall also be permitted for existing buildings and structures from the lot line
that crosses in a north-south direction the lot affected by this special provision zone.
(g)
C2-7-T (226 TALBOT STREET WEST - TEMPORARY USE)
Expired 18 April/2017
(h)
C2-8 (157 JOHN STREET NORTH - GINSON)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C2-8 on Schedule "A" hereto, a bakery shall be permitted, in addition to the
uses permitted in the C2 zone.
(i)
C2-9 (51 MURRAY STREET)
Notwithstanding any provisions of this By-Law to the contrary, within any area zoned
C2-9 on Schedule "A" hereto, a public self-storage warehouse shall be permitted in
addition to any use permitted in a C2 zone.
(j)
C2-10 (230 JOHN STREET NORTH)
Notwithstanding any provisions of this By-law to the contrary, within any area zoned C2-
10 on Schedule "A" hereto, a multiple dwelling to a maximum of eight (8) dwelling units
shall be a permitted use.
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
142
SECTION 16 HIGHWAY COMMERCIAL (C3) ZONE
1) SCOPE
The provisions of this Section shall apply in all Highway Commercial (C3) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any C3 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following C3 uses, namely
(a)
an assembly hall;
(b)
an automotive use;
(c)
an automotive sales and service establishment;
(d)
a brewing on premises establishment;
(e)
a bulk sales establishment;
(f)
a business office;
(g)
a cannabis retail store;
(h)
a clinic;
(i)
a convenience store;
(j)
a drive-through facility;
(k)
a dry cleaning and laundry depot;
(l)
a dwelling unit on a second floor accessory to a permitted C3 use;
(m)
a funeral home;
(n)
a hotel or motel;
(o)
a merchandise service shop;
(p)
a nursery and garden store;
(q)
open storage;
(r)
a parking area;
(s)
a place of entertainment;
(t)
a place of worship;
(u)
a public use;
(v)
a restaurant;
(w)
a retail lumber and building supply yard;
(x)
a service shop;
(y)
a small repair and rental establishment;
(z)
a tavern;
(aa)
a video rental establishment.
SECTION 16
HIGHWAY COMMERCIAL (C3) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
143
3) ZONE REQUIREMENTS
No person shall within any C3 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions
(a)
LOT AREA (MINIMUM)
(i)
Automobile Use
1100 m²
including an automotive sales and service establishment
(ii)
Motels, Hotels
700 m²
plus an additional 45 m² for each guest room in excess of 4
(iii)
Other Uses
450 m²
(b)
LOT FRONTAGE (MINIMUM)
(i)
Automobile Use
35 m
including an automotive sales and service establishment
(ii)
Motels, Hotels
20 m
(iii)
Other Uses
12 m
(c)
FRONT YARD DEPTH (MINIMUM)
(i)
Automobile Use
15 m
including an automotive sales and service establishment
(ii)
Other Uses
7.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
7.0 m
provided that where the interior side lot line abuts a Residential Zone, the minimum
interior side yard width shall be 10 metres.
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
(i)
Automobile Use
15 m
including an automotive sales and service establishment
(ii)
Other Uses
7.0 m
(f)
REAR YARD DEPTH (MINIMUM)
7.0 m
(g)
LOT COVERAGE (MAXIMUM)
(i)
Automobile Use
30%
including an automotive sales and service establishment
(ii)
Other Uses
50%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
(i)
Automobile Use
5%
including an automotive sales and service establishment
SECTION 16
HIGHWAY COMMERCIAL (C3) ZONE
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CONSOLIDATED VERSION - JULY 4, 2025
144
(ii)
Other Uses
10%
(i)
DWELLING UNITS PER LOT (MAXIMUM)
1 only
but not accessory to an automotive service station or automotive sales and service
establishment and must be on the second floor of a building (or higher).
(j)
HEIGHT (MAXIMUM)
7.5 m
(k)
AUTOMOTIVE USE PUMP LOCATION
Notwithstanding any other provisions of this By-Law to the contrary, a pump island
together with canopy and kiosk may be located within any front yard or exterior side
yard provided:
(i)
the minimum distance between any portion of the pump island and any lot line
shall be 5.0 metres; and
(ii)
Where the lot is a corner lot, no portion of any pump island shall be located
closer than 3.0 metres to a straight line between a point in the front lot line and
a point in the exterior side lot line, each such point being distant 12.0 metres
from the intersection of such lines
(l)
Accessory Uses, Parking, etc. in accordance with the provisions of Section 3 hereof.
4) SPECIAL PROVISIONS
(a)
C3-1 (402 TALBOT STREET EAST)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C3-1 on Schedule 'A' hereto, the following special provisions apply:
A single detached dwelling shall be a permitted use, in addition to uses permitted in a C3
Zone, with the following special provisions applying to the single detached dwelling use:
LOT AREA (MINIMUM)
500 m²
LOT FRONTAGE (MINIMUM)
18 m
FRONT YARD DEPTH (MINIMUM)
7.0 m
INTERIOR SIDE YARD WIDTH (MINIMUM)
(i)
With attached garage or carport
1.2m
(ii)
Without attached garage or carport 3.0 m on one side and 1.2 m on the
other side
EXTERIOR SIDE YARD WIDTH (MINIMUM)
7.0 m
REAR YARD DEPTH (MINIMUM)
7.5 m
LOT COVERAGE (MAXIMUM)
35%
LANDSCAPED OPEN SPACE (MINIMUM)
30%
SECTION 16
HIGHWAY COMMERCIAL (C3) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
145
HEIGHT (MAXIMUM)
8.5 m
DWELLING UNITS PER LOT (MAXIMUM)
(unless otherwise permitted by by-law)
1 only
Accessory Uses, Parking, Home Occupation, etc. in accordance with the provisions of
Section 3 hereof; except that an existing building accessory to a single detached
dwelling shall be permitted.
(b)
C3-2-T (375 TALBOT STREET EAST - TEMPORARY USE)
Expired 13 April/18
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
146
SECTION 17 NEIGHBOURHOOD COMMERCIAL (C4) ZONE
1) SCOPE
The provisions of this Section shall apply in all Neighbourhood Commercial (C4) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any C4 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following C4 uses, namely:
(a)
a business office;
(b)
a brewing on premises establishment;
(c)
a cannabis retail store;
(d)
a convenience store;
(e)
a day care facility;
(f)
a dry cleaner's distribution station;
(g)
a dwelling unit;
(h)
a medical/dental office;
(i)
a personal service establishment;
(j)
a professional office;
(k)
a public use;
(l)
a retail store;
(m)
a video rental establishment.
3) ZONE REQUIREMENTS
No person shall within any C4 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
No Minimum
(b)
LOT FRONTAGE (MINIMUM)
15.0 m
(c)
FRONT YARD DEPTH (MINIMUM)
7.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
7.0 m
provided that where the interior side lot line abuts a Residential Zone, the minimum
interior side yard width shall be 10 metres.
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
10 m
REAR YARD DEPTH (MINIMUM)
7.0 m
provided that where the rear lot line abuts a Residential Zone, the minimum rear yard
depth shall be 10 metres.
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SECTION 17
NEIGHBOURHOOD COMMERCIAL (C4) ZONE
(f)
LOT COVERAGE (MAXIMUM)
30%
(g)
LANDSCAPED OPEN SPACE (MINIMUM)
20%
(h)
COMMERCIAL GROSS FLOOR AREA
140 m²
Per Permitted Use (Maximum)
(i)
HEIGHT (MAXIMUM)
10 m
(j)
Accessory Uses, Parking, Home Occupation, etc., in accordance with the provisions of
Section 3 hereof
4) SPECIAL PROVISIONS
(a)
C4-1
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C4-1 on Schedule "A" hereto, the permitted uses shall be restricted to the
following:
(i)
a convenience store
(ii)
a dry cleaner's distribution station
(iii)
a business office
(iv)
a medical/denial office
(v)
a personal office
(vi)
a personal service shop
(vii) a public use
(viii) a retail store
(ix)
a video rental establishment
(x)
a restaurant
The following regulations shall apply:
Rear yard depth (minimum)
7.5 m
Maximum commercial gross floor area for any combination of the
permitted uses
361 m2
Maximum parking spaces
16
SECTION 18
BUSINESS PARK COMMERCIAL (C5) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
142
SECTION 18 BUSINESS PARK COMMERCIAL (C5) ZONE
1) SCOPE
The provisions of this Section shall apply in all Business Park Commercial (C5) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any C5 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following C5 uses, namely:
(a)
an automotive use;
(b)
a brewing on premises establishment;
(c)
a bulk sales establishment;
(d)
a cannabis retail store;
(e)
a catalogue store; *
(f)
a convenience store;
(g)
a drive-through facility;
(h)
a funeral home; *
(i)
a general office; *
(j)
a home appliance store; *
(k)
a home and auto supply store; *
(l)
a home furnishings store; *
(m)
a home improvement store; *
(n)
a laboratory;
(o)
a parking area;
(p)
a printing establishment;
(q)
a professional or business office; *
(r)
a public use;
(s)
a recreational use or building;
(t)
a rental establishment;
(u)
a repair establishment;
(v)
a restaurant;
(w)
a retail store; *
(x)
a small repair and rental establishment;
(y)
a studio; *
(z)
a veterinarian's clinic;
(aa)
a wholesale establishment
All land uses listed above with an asterisk (*) must have a gross floor area greater than 300
square metres per use.
TOWN OF AYLMER ZONING BY-LAW
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SECTION 18
BUSINESS PARK COMMERCIAL (C5) ZONE
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CONSOLIDATED VERSION - JULY 4, 2025
143
3) ZONE REQUIREMENTS
No person shall within any C5 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
700 m²
(b)
LOT FRONTAGE (MINIMUM)
45 m
(c)
FRONT YARD DEPTH (MINIMUM)
9.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
4.5 m
Provided that no interior side yard is required along any portion of a lot line which
abuts a railroad right-of-way.
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
9.0 m
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
provided that no rear yard is required along any portion of a lot line which abuts a
railroad right-of-way.
(g)
LOT COVERAGE (MAXIMUM)
60%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
10%
(i)
HEIGHT (MAXIMUM)
12 m
(j)
OPEN STORAGE
No open storage of goods or materials shall be permitted except in accordance with
the following provisions:
(i)
Such open storage is accessory to the use of the main building on the lot
(ii)
Such open storage complies with the yard and setback requirements of this
Section; however, no open storage shall be closer than 30 metres to the front
lot line and may be 1.0 metre from the rear lot line
(iii)
Such open storage does not cover more than 35% of the lot area nor exceed
twice the ground floor area of the main building on the lot
(iv)
Any portion of the area used for open storage is fenced
(v)
Such open storage shall be located only to the rear side of the main building
(k)
NOXIOUS TRADE
No use shall be permitted which from its nature or the materials use herein is
declared to be a noxious trade, business or manufacture under the Health Protection
and Promotion Act, 1990, or regulations thereunder
(l)
Accessory Uses, Parking, Home Occupation, etc., in accordance with the provisions of
Section 3 hereof.
SECTION 18
BUSINESS PARK COMMERCIAL (C5) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
144
4) SPECIAL PROVISIONS
(a)
C5-1-h-5
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C5-1-h-5 on Schedule "A" hereto, a food store exceeding 2000 m2 shall be
permitted in addition to the other uses listed in the C5 zone.
(b)
C5-2 (567 JOHN STREET NORTH)
(i)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C5-2 on Schedule "A" hereto, a convenience store shall be a permitted
use in any addition to any use permitted in a C5 Zone.
(ii)
All other applicable regulations of the C5 zone and general provisions of By-law
57-99 shall apply.
(c)
C5-3 (SELF-STORAGE WAREHOUSE & ACCESSORY RETAIL OUTLET)
Notwithstanding any provisions of this By-Law to the contrary, within any area zoned
C5-3, the following uses and regulations will apply:
(i)
In addition to uses permitted within the C5 Zone, any area zoned C5-3 on
Schedule "A" hereto may also include a pubic self-storage warehouse and
accessory retail outlet.
(ii)
Maximum Building Height
8.0 m
(iii)
Planting Strip
Individual storage units and loading areas shall be screened from view from
adjacent properties and roadways by a planting strip containing an impermeable
fence, wall or other barrier not less than 2 metres in height.
(iv)
Parking
A maximum of 15 parking spaces shall be provided for the existing rental
establishment and the proposed public self-storage warehouse and accessory
retail outlet.
(d)
C5-4 (583, 585, 587 and 589 JOHN STREET NORTH)
(i)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated C5-4 on Schedule "A" hereto, a personal service shop and a financial
institution shall be permitted uses in addition to any use permitted in a C5 Zone.
SECTION 18
BUSINESS PARK COMMERCIAL (C5) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
145
(ii)
Notwithstanding Section 18(2) of this By-law to the contrary, the minimum gross
floor area for uses denoted with an asterisk in Section 18(2) Uses Permitted shall
be 150 square metres. The minimum gross floor area for a financial institution
shall be 300 square metres.
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
146
SECTION 19 RESIDENTIAL OFFICE (RO) ZONE
1) SCOPE
The provisions of this Section shall apply in all Residential Office (RO) Zones except as otherwise
provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any RO Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following RO uses, namely:
(a)
a bed and breakfast establishment;
(b)
a business office;
(c)
a clinic;
(d)
a converted dwelling;
(e)
a day care facility;
(f)
a duplex dwelling;
(g)
a dwelling unit;
(h)
an existing use;
(i)
a home occupation;
(j)
a lodging house;
(k)
a medical/dental office;
(l)
a personal service establishment (excluding laundromat and dry cleaning
establishments);
(m)
a place of worship;
(n)
a professional office;
(o)
a public use;
(p)
a semi-detached dwelling;
(q)
a service office;
(r)
a single detached dwelling;
(s)
a studio;
(t)
a triplex dwelling;
(u)
an additional residential unit.
3) ZONE REQUIREMENTS
No person shall within any RO Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
(i)
Single detached dwelling unit
370 m²
SECTION 19
RESIDENTIAL OFFICE (RO) ZONE
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(ii)
Duplex, converted, boarding or rooming dwelling or tourist
dwelling
560 m²
(iii)
Semi-detached dwelling
700 m²
(iv)
Triplex
780 m²
(v)
Non-residential uses
465 m²
(b)
LOT FRONTAGE (MINIMUM)
(i)
Single detached dwelling unit
12.0 m
(ii)
Duplex, converted, boarding or rooming dwelling or tourist
dwelling
18.0 m
(iii)
Semi-detached dwelling
21.0 m
(iv)
Triplex
25.0 m
(v)
Non-residential uses
15.0 m
(c)
FRONT YARD DEPTH (MINIMUM)
7.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
1.2 m
provided that on a lot where there is no attached private garage or attached carport,
the minimum interior side yard width shall be 3.0 m on one side and 1.2m on the
other side.
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
7.0 m
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
(g)
LOT COVERAGE (MAXIMUM)
40%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
20%
(i)
HEIGHT (MAXIMUM)
8.5 m
(j)
PARKING AND LOADING
No parking or loading areas shall be located in the front yard
(k)
NON-RESIDENTIAL PERMITTED USES RESTRICTIONS
No non-residential use permitted in this Section shall create or become a nuisance in
regard to noise, odour, vibration, radiation, traffic generated or parking
(l)
REPLACEMENT
If a building or structure that is designated as a Heritage Building is demolished,
removed or destroyed, any new building or structure to occupy the lot must be of the
same height, volume, floor area, general form, mass, and external design as the
original building or structure
(m)
Accessory Uses, Additional Residential Units, Parking, Home Occupation, etc., in
accordance with the provisions of Section 3 hereof
SECTION 19
RESIDENTIAL OFFICE (RO) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
148
4) SPECIAL PROVISIONS
(a)
RO-1 (NURSING HOME/RETIREMENT HOME)
Notwithstanding any provision of this By-Law to the contrary, within any area
designated RO-1 on Schedule "A" hereto, a nursing home and/or retirement home shall
be permitted uses in addition to any uses permitted in an RO Zone. Both the nursing
home and retirement home uses will be subject to an off-street parking rate of one (1)
space per two (2) beds.
(b)
RO-2
Not in use as of this consolidation
(c)
RO-3
Not in use as of this consolidation
(d)
RO-4
Not in use as of this consolidation
(e)
RO-5 (CONVERSION TO OFFICES)
Notwithstanding the provisions of Section 19(2) of this By-Law to the contrary, within
lands zoned RO-5 on Schedule "A", the following special provisions apply:
(i)
Permitted Uses
1.a dwelling unit;
2.a parking area;
3.a public use;
4. an office;
5. a day care facility accessory to the office use existing at the date of the passing
of this By-Law.
(f)
RO-6 (TALBOT STREET EAST BED & BREAKFAST)
Notwithstanding Section 19 (3) (j) Parking and Loading, Section 3 (17) (g) Yards Where
Permitted, and any provisions of this By-Law to the contrary, within any area designated
RO-6 on Schedule 'A' hereto, a maximum of three (3) parking spaces may be permitted
to be located in the front yard associated with a bed and breakfast establishment.
SECTION 19
RESIDENTIAL OFFICE (RO) ZONE
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CONSOLIDATED VERSION - JULY 4, 2025
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(g)
RO-7 (339 TALBOT STREET WEST)
Notwithstanding any provisions of this By-law to the contrary, within any area
designated RO-7 on Schedule "A" hereto, for a semi-detached dwelling, the minimum lot
frontage shall be 13.3 metres and the minimum lot area shall be 662 square metres.
(h)
RO-8 (147 SYDENHAM STREET DAY CARE FACILITY)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated RO-8 on Schedule 'A' hereto, in addition to those uses permitted in the RO
Zone, an adult day care facility shall be an additional permitted use and the provisions of
the RO Zone shall apply. An adult day care facility shall be defined as follows:
"ADULT DAY CARE FACILITY" means a dwelling or building or structure in which
persons 18 years of age and over are offered day programs and may be provided with
temporary care or guidance for compensation for a continuous period not exceeding
48 hours.
(i)
RO-9 (211 TALBOT STREET EAST)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated RO-9 on Schedule 'A' hereto, for one unit of a semidetached dwelling, the
minimum lot frontage shall be 9.5 metres and the minimum lot area shall be 390
square metres.
Notwithstanding Section 19(3)(d) to the contrary, where a semi-detached dwelling
obtains a consent or is subdivided such that the lot line extends along a common wall
dividing the units and where one unit of a semi-detached dwelling occupies a lot, no
minimum interior side yard width shall be required from the lot line dividing the units."
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
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SECTION 20 LIGHT INDUSTRIAL (M1) ZONE
1) SCOPE
The provisions of this Section shall apply in all Light Industrial (M1) Zones except as otherwise
provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any M1 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following M1 uses, namely:
(a)
an assembly hall;
(b)
an automobile service station;
(c)
an automotive supply store;
(d)
an automotive use;
(e)
a body shop;
(f)
a builder's yard/building or contracting establishment;
(g)
a bulk sales establishment;
(h)
a commercial storage unit;
(i)
a contractor's yard;
(j)
a dry cleaning and laundry plant;
(k)
an electrical and electronics products industry;
(l)
a food processing plant;
(m)
a general or professional office;
(n)
a general manufacturing establishment;
(o)
a manufacturing and assembly industry;
(p)
a merchandise service shop;
(q)
open storage;
(r)
a parking area;
(s)
a pharmaceutical and medical products industry;
(t)
a processed goods industry;
(u)
a public use;
(v)
a research and development establishment;
(w)
a retail lumber and building supply yard;
(x)
a retail outlet or wholesale outlet accessory to a permitted use;
(y)
a service and repair establishment;
(z)
a service shop;
(aa)
a studio;
(bb)
a vehicle repair garage;
(cc)
a vehicle repair shop;
(dd)
a veterinarian's clinic
(ee)
a warehouse;
SECTION 20
LIGHT INDUSTRIAL (M1) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
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(ff)
a wholesale establishment.
3) ZONE REQUIREMENTS
No person shall within any M1 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
700 m²
(b)
LOT FRONTAGE (MINIMUM)
30 m
(c)
REQUIRED YARDS (MINIMUM)
Lot Abutting
Industrial Zone
Lot Abutting
Any Other Zone
(i)
FRONT YARD DEPTH
9.0 m
18 m
(ii)
EXTERIOR SIDE YARD WIDTH
9.0 m
18 m
(iii)
INTERIOR SIDE YARD WIDTH
9.0 m
10 m
(iv)
REAR YARD DEPTH
7.5 m
15 m
provided that no interior side yard or rear yard is required along any portion of a lot
line which abuts a railroad right-of-way
(d)
LOT COVERAGE (MAXIMUM)
60%
(e)
LANDSCAPED OPEN SPACE (MINIMUM)
10%
(f)
HEIGHT (MAXIMUM)
12 m
provided that is any portion of any building is erected above a height of 12 metres,
the required side yard dimensions shall be increased by 1.0 metre for each 1.0 metre
by which such portion of the building exceeds 12 metres.
(g)
OPEN STORAGE
Any part of a lot used for open storage shall be fenced.
(h)
NOXIOUS TRADE
No use shall be permitted which from its nature or the materials used herein is
declared to be a noxious trade, business or manufacture under the Health Protection
and Promotion Act, 1990, or regulations thereunder.
(i)
AUTOMOTIVE USE PUMP LOCATION
Notwithstanding any other provisions of this By-Law to the contrary, a pump island
together with canopy and kiosk, may be located within any front yard or exterior side
yard provided:
(i)
The minimum distance between any portion of the pump island and any lot line
shall be 5.0 metres; and
(ii)
Where the lot is a corner lot, no portion of any pump island shall be located
SECTION 20
LIGHT INDUSTRIAL (M1) ZONE
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CONSOLIDATED VERSION - JULY 4, 2025
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closer than 3.0 metres to a straight line between a point in the front lot line
and a point in the exterior side lot line, each such point being distant 12 metres
from the intersection of such lines
(j)
Accessory Uses, Parking, Setbacks, etc. in accordance with the provisions of Section 3
hereof
4) SPECIAL PROVISIONS
(a)
M1-1 (MOBILE HOME)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated M1-1 on Schedule "A" hereto, a mobile home shall be a permitted use in
addition to any use permitted in an M1 Zone.
For the purpose of this Zone, individual mobile homes shall require the following
regulations for each unit:
(i)
Minimum Frontage Per Unit
8 m
(ii)
Minimum Front Yard Depth
3.5 m
(iii)
Minimum Interior Side Yard Width
2.5 m on one side and 1.2 m on
the other
(iv)
Minimum Exterior Side Yard Depth
3.5 m
(v)
Minimum Rear Yard Depth
3.5 m
(vi)
Maximum Building Height
3.5 m
(b)
M1-2 (BINGO HALL)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated M1-2 on Schedule "A" hereto, a bingo hall shall be a permitted use in
addition to any use permitted in an M1 Zone.
(c)
M1-3 (ELGIN FEEDS)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated M1-3 on Schedule "A" hereto, a zero lot line setback shall be permitted for
existing buildings and structures from the lot line that crosses in a north-south direction
with the lot affected by this special provision zone.
TOWN OF AYLMER ZONING BY-LAW
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SECTION 21 HEAVY INDUSTRIAL (M2) ZONE
1) SCOPE
The provisions of this Section shall apply in all Heavy Industrial (M2) Zones except as otherwise
provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any M2 Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following M2 uses, namely:
(a)
an auction establishment;
(b)
an assembly hall;
(c)
an automotive supply store;
(d)
an automotive use;
(e)
a builder's yard/building or contracting establishment;
(f)
a bulk sales establishment;
(g)
a cannabis production and processing facility;
(h)
a car wash;
(i)
a chemical plant;
(j)
a commercial storage unit;
(k)
a contractor's yard;
(l)
a dry cleaning and laundry plant;
(m)
an electrical and electronics products industry;
(n)
a factory outlet;
(o)
a feed or flour mill;
(p)
a food processing plant;
(q)
a fuel storage tank;
(r)
a fuel storage depot/supply yard;
(s)
a general manufacturing;
(t)
a general office;
(u)
a grain elevator;
(v)
an industrial mall;
(w)
a laboratory;
(x)
a lumber mill yard;
(y)
a manufacturing and assembly industry;
(z)
a merchandise service shop;
(aa)
open storage;
(bb)
a parking lot;
(cc)
a pharmaceutical and medical products industry;
(dd)
a printing establishment;
(ee)
a printing, reproduction and data processing industry;
SECTION 21
HEAVY INDUSTRIAL (M2) ZONE
TOWN OF AYLMER ZONING BY-LAW
CONSOLIDATED VERSION - JULY 4, 2025
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(ff)
a processed goods industry;
(gg)
a professional or business office;
(hh)
a propane transfer facility;
(ii)
a public use;
(jj) a repair shop, auto body and motor vehicle;
(kk) a research and development establishment;
(ll) a retail lumber and building supply yard;
(mm) a retail store or factory outlet accessory to an industrial use on the same lot to a
maximum of 25% of the gross floor area of the building;
(nn)
a service and repair and establishment;
(oo)
a service shop;
(pp)
a small repair and rental establishment;
(qq)
a transport terminal;
(rr)
a veterinarian's clinic;
(ss)
a warehouse;
(tt)
a wholesale establishment.
3) ZONE REQUIREMENTS
No person shall within any M2 Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(iv)
REAR YARD DEPTH
7.5 m
15 m
(a)
LOT AREA (MINIMUM)
1100 m²
(b)
LOT FRONTAGE (MINIMUM)
30 m
(c)
REQUIRED YARDS (MINIMUM)
Lot Abutting
Industrial Zone
Lot Abutting
Any Other Zone
(i)
FRONT YARD DEPTH
9.0 m
18 m
(ii)
EXTERIOR SIDE YARD WIDTH
9.0 m
18 m
(iii)
INTERIOR SIDE YARD WIDTH
3.0 m
10 m
provided that no interior side yard or rear yard is required along any portion of a lot
line which abuts a railroad right-of-way
(d)
LOT COVERAGE (MAXIMUM)
60%
(e)
LANDSCAPED OPEN SPACE (MINIMUM)
10%
(f)
HEIGHT (MAXIMUM)
12 m
with any minimum side yard, if any portion of any building is erected above a height
of 12 metres, the required yard dimensions shall be increased by 1.0 metre for each
1.0 metre by which such portion of the building exceeds 12 metres
SECTION 21
HEAVY INDUSTRIAL (M2) ZONE
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CONSOLIDATED VERSION - JULY 4, 2025
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(g)
OPEN STORAGE
Any part of a lot used for open storage shall be fenced.
(h)
NOXIOUS TRADE
No use shall be permitted which from its nature or the materials used herein is
declared to be a noxious trade, business or manufacture under the Health Protection
and Promotion Act, 1990, or regulations thereunder
(i)
AUTOMOTIVE USE PUMP LOCATION
Notwithstanding any other provisions of this By-Law to the contrary, a pump island
together with canopy and kiosk, may be located within any front yard or exterior side
yard provided:
(i)
the minimum distance between any portion of the pump island and any lot line
shall be 5.0 metres; and
(ii)
where the lot is a corner lot, no portion of any pump island shall be located
closer than 3.0 metres to a straight line between a point in the front lot line and
a point in the exterior side lot line, each such point being distant 12 metres
from the intersection of such lines
(j)
Accessory Uses, Parking, Setbacks, etc. in accordance with the provisions of Section 3
hereof.
4) SPECIAL PROVISIONS
(a)
M2-h (HOLDING)
Not in use as of this consolidation
(b)
M2-1 (TAXI ESTABLISHMENT)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated M2-1 on Schedule "A" hereto, a taxi establishment shall be permitted in
addition to any use permitted in the M2 zone.
(c)
M2-2 (ZERO INTERIOR SIDE YARD)
Notwithstanding Section 21(3)(c)(iii), within lands designated M2-2 on Schedule "A", the
minimum interior side yard width adjacent to the municipal boundary shall be 0 metres
in the case where a single building is located on both sides of the Town of
Aylmer/Township of Malahide municipal boundary.
(d)
M2-3
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated M2-3 on Schedule "A" hereto, the following regulations shall apply:
SECTION 21
HEAVY INDUSTRIAL (M2) ZONE
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(i)
Lot Frontage (Minimum)
21 m
(ii)
Interior Side Yard (Minimum) 6m on one side and 3m on the other side, except
that an interior side yard abutting a zone other than an Industrial Zone shall
require a minimum interior side yard with for the interior side yard abutting the
non-industrial zone of 10m and 3m on the other side.
All other regulations of the Zoning By-Law shall apply.
(e)
M2-2-T-02-2020 (SPECIALIZED RECYCLING FACILITY - TEMPORARY USE)
(iii)
Notwithstanding any provisions of Section 21(2) to the contrary, a "Specialized
Recycling Facility" shall be permitted as a temporary use in addition to any one
of the uses permitted in an M2-2 Zone on the lands designated as M2-2-T-02-
2020 on Schedule "A" hereto.
(iv)
A Specialized Recycling Facility shall have a maximum gross floor area of 4,000
square metres.
(v)
Open Storage associated with a Specialized Recycling Facility shall not be
permitted.
(vi)
A Specialized Recycling facility as a temporary use shall be permitted for a
maximum of one (1) year from the date of passing of this By-Law, unless the
period is extended by Council pursuant to Section 39(3) of the Planning Act,
R.S.O. 1990.
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SECTION 22 INSTITUTIONAL (I) ZONE
1) SCOPE
The provisions of this Section shall apply in all Institutional (I) Zones except as otherwise
provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any I Zone, use any lot or erect, alter or use any building or structure for
any purpose except one or more of the following I uses, namely:
(a)
a cemetery;
(b)
a college;
(c)
a day care facility;
(d)
a hospital;
(e)
a manse;
(f)
a nursing home;
(g)
a place of worship;
(h)
a public park;
(i)
a public use;
(j)
a recreational establishment;
(k)
a retirement lodge;
(l)
a school.
3) ZONE REQUIREMENTS
No person shall within any I Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
No Minimum
(b)
LOT FRONTAGE (MINIMUM)
No Minimum
(c)
FRONT YARD DEPTH (MINIMUM)
7.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
7.5 m
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
7.5 m
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
(g)
LOT COVERAGE (MAXIMUM)
50%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
30%
(i)
HEIGHT (MAXIMUM)
10 m
(j)
Accessory uses, parking, etc. in accordance with the provisions of Section 3 hereto.
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SECTION 22
INSTITUTIONAL (I) ZONE
4) SPECIAL PROVISIONS
(a)
I-1 (MEDICAL/DENTAL OFFICES AND CLINICS)
Notwithstanding any provision of this By-Law to the contrary, within any area designated
I-1 on Schedule "A" hereto, medical and dental offices, clinics and other medically related
uses shall be permitted subject to the following regulations:
(i)
Lot Area (Minimum)
5000 m²
(ii)
Lot Frontage (Minimum)
30 m
(iii)
Front Yard Depth (Minimum)
7.0 m
(iv)
Interior Side Yard Width (Minimum)
1.5 m
(v)
Rear Yard Depth (Minimum)
7.5 m
(vi)
Lot Coverage (Maximum)
20%
(vii)
Landscaped Open Space (Minimum)
25%
(viii)
Height (Maximum)
8.5 m
For the purposes of this Zone, a Pharmaceutical Dispensary shall be defined as a building
or part thereof not exceeding 93 square metres (1000 square feet) of gross floor area,
used as a dispensary for prescription drugs, in association with a permitted
medical/dental office use. The accessory retail sale of only medical/surgical devices and
non-prescription medicines shall also be permitted.
(b)
I-2 (PLACE OF WORSHIP, TALBOT STREET EAST/ALBERT STREET)
Notwithstanding any provision of this By-Law to the contrary, within any area zoned I-2 on
Schedule "A" hereto, the following regulations shall apply:
(i)
Rear Yard Depth (Minimum)
7.5 m
(ii)
Side Yard Width (Minimum)
1.07 m
(iii)
Landscaped Open Space (Minimum)
20%
All other regulations of the Zoning By-Law shall apply.
(c)
I-3 (FAIRGROUNDS)
Notwithstanding any provisions of this By-Law to the contrary, within any area designated
I-3 on Schedule "A" hereto, all buildings and uses required for the East Elgin Agricultural
Society shall be permitted.
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SECTION 23 PARKS AND OPEN SPACE (POS) ZONE
1) SCOPE
The provisions of this Section shall apply in all Parks and Open Space (POS) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any POS Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following POS uses, namely:
(a)
an accessory use;
(b)
a forestry use;
(c)
a private or public park;
(d)
a public use;
(e)
a recreational use;
(f)
works of a Conservation Authority.
3) ZONE REQUIREMENTS
No person shall within any POS Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
LOT AREA (MINIMUM)
No Minimum
(b)
LOT FRONTAGE (MINIMUM)
No Minimum
(c)
FRONT YARD DEPTH (MINIMUM)
6.0 m
(d)
INTERIOR SIDE YARD WIDTH (MINIMUM)
6.0 m
(e)
EXTERIOR SIDE YARD WIDTH (MINIMUM)
7.5 m
(f)
REAR YARD DEPTH (MINIMUM)
7.5 m
(g)
LOT COVERAGE (MAXIMUM)
30%
(h)
LANDSCAPED OPEN SPACE (MINIMUM)
30%
(i)
HEIGHT (MAXIMUM)
10 m
(j)
Accessory uses, parking, etc. in accordance with the provisions of Section 3 hereto.
4) SPECIAL PROVISIONS
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SECTION 24 ENVIRONMENTAL PROTECTION (EP) ZONE
1) SCOPE
The provisions of this Section shall apply in all Environmental Protection (EP) Zones except as
otherwise provided in the Special Provisions subsection of this Section.
2) USES PERMITTED
No person shall within any EP Zone, use any lot or erect, alter or use any building or structure for
any purpose except one or more of the following EP uses, namely:
(a)
an agricultural use;
(b)
an existing use;
(c)
a forestry use;
(d)
a parking area;
(e)
a public or private park;
(f)
a public use;
(g)
works of a Conservation Authority.
3) ZONE REQUIREMENTS
No person shall within any EP Zone, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions.
(a)
BUILDINGS OR STRUCTURES
No buildings or structures shall be permitted unless for flood control purposes
4) SPECIAL PROVISIONS
(a)
EP-1
Notwithstanding any provisions of this By-Law to the contrary, within an area designated
EP-1 on Schedule "A" hereto, works of a Conservation Authority shall be the only use
permitted.
(b)
EP-2 (PLACE OF WORSHIP)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated EP-2 on Schedule "A" hereto, a place of worship shall be a permitted use in
addition to any use permitted in an EP Zone. The zone requirements for the place of
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worship shall be in accordance with subsection 22(3) of this By-Law.
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SECTION 24
ENVIRONMENTAL PROTECTION (EP) ZONE
(c)
EP-3 (SERVICE SHOP)
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated EP-3 on Schedule "A" hereto, a service shop shall be a permitted use in
addition to any use permitted in an EP Zone.
(d)
EP-4
Notwithstanding any provisions of this By-Law to the contrary, within any area
designated EP-4 on Schedule "A" hereto, all uses permitted within the Support
Commercial (C2) Zone shall be permitted in addition to any use permitted in an EP Zone.
Zone requirements for all structures within the EP-4 zone shall be in accordance with
subsection 15(3) of this By-Law.
The lands designated as EP-4 are within the Catfish Creek Conservation Authority
Regulation Area, and as such, the owner shall agree to obtain a permit in accordance
with Ontario Regulation no. 97/04 'Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses', pursuant to the Conservation Authorities
Act, prior to any new development (construction, fill placement or grading) on the
subject property to the satisfaction of the Catfish Creek Conservation Authority.
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SECTION 25 APPROVAL
This By-Law shall come into force on the date it is passed by the Council of the Corporation of the Town
of Aylmer subject to the approval of the Ontario Municipal Board.
This By-Law given its first, second and third reading and finally passed this 8th day of November, 1999.
(Signed)
"Bob
Habkirk"
Mayor
(Signed)
"Phyllis Ketchabaw"
Clerk
SCHEDULE "A"
TOWN OF AYLMER
ZONING BY-LAW MAPS
Consolidated Version
January, 2025