Zoning By-law 2021-P-001

Baldwin, Ontario · adopted 2021-02-01

This is the exact embedded text of the captured official document. Snapshot 0110fc2ddcda · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

287 Three Bay Road PERTH ON K7H 3C7 Tel. (613) 464-8805 [email protected] Zoning By-law Township of Baldwin Zoning By-law 2021-P-001 February 1, 2021 Township of Baldwin Zoning By-law File P-2895 Page i Township of Baldwin Zoning By-law File P-2895 Page ii Table of Contents Explanatory Note ........................................................................................................................................................................................................... x Zoning By-law Amendments ......................................................................................................................................................................................... x Minor Variances........................................................................................................................................................................................................... xii How to Use this By-law .............................................................................................................................................................................................. xiii Section 1 ADMINISTRATION ................................................................................................................................................................................ 1 1.1 Title ................................................................................................................................................................................................................ 1 1.2 Application and Building Permits .................................................................................................................................................................. 1 1.3 Defined Area .................................................................................................................................................................................................. 2 1.4 Enforcement ................................................................................................................................................................................................... 2 1.5 Penalty............................................................................................................................................................................................................ 2 1.6 Validity .......................................................................................................................................................................................................... 2 1.7 Other By-laws, Licenses, Permits and Regulations ....................................................................................................................................... 2 1.8 Conflict .......................................................................................................................................................................................................... 2 1.9 Effective Date ................................................................................................................................................................................................ 2 1.10 Metric and Imperial Terms ............................................................................................................................................................................ 3 1.11 Level of Accuracy .......................................................................................................................................................................................... 3 1.12 Defined Terms ............................................................................................................................................................................................... 3 1.13 Diagrams and Figures .................................................................................................................................................................................... 3 1.14 Repeal of Existing By-laws............................................................................................................................................................................ 3 1.15 Reference to Legislation ................................................................................................................................................................................ 3 1.16 Technical Revisions to the Zoning By-law .................................................................................................................................................... 3 Township of Baldwin Zoning By-law File P-2895 Page iii Section 2 CONFORMITY REQUIREMENTS ........................................................................................................................................................ 5 2.1 Compliance .................................................................................................................................................................................................... 5 2.2 Compliance of Severances ............................................................................................................................................................................. 5 2.3 Application to Building .................................................................................................................................................................................. 5 2.4 Minor Variances ............................................................................................................................................................................................. 5 Section 3 DEFINITIONS .......................................................................................................................................................................................... 6 3.1 General ........................................................................................................................................................................................................... 6 3.2 Definitions ...................................................................................................................................................................................................... 6 Section 4 GENERAL PROVISIONS ..................................................................................................................................................................... 76 4.1 Accessory Buildings, Structures and Uses ................................................................................................................................................... 76 4.1.1 General ................................................................................................................................................................................................. 76 4.1.2 Accessory Residential Uses ................................................................................................................................................................. 78 4.1.3 Bed and Breakfast Establishments ....................................................................................................................................................... 78 4.1.4 Boat Houses ......................................................................................................................................................................................... 79 4.1.5 Docks ................................................................................................................................................................................................... 80 4.1.6 Fences in a Residential Zone ............................................................................................................................................................... 80 4.1.7 Fences in a Non-Residential Zone ....................................................................................................................................................... 81 4.1.8 Garden Suites ....................................................................................................................................................................................... 81 4.1.9 Pumphouse ........................................................................................................................................................................................... 82 4.1.10 Storage Containers in a Residential Zone ............................................................................................................................................ 82 4.1.11 Storage Containers in a Non-Residential or Rural Zone ...................................................................................................................... 83 4.1.12 Swimming Pools .................................................................................................................................................................................. 84 4.1.13 Temporary Car Shelter ......................................................................................................................................................................... 85 Township of Baldwin Zoning By-law File P-2895 Page iv 4.2 Automotive Service Station, Gas Bar, Car Wash ........................................................................................................................................ 85 4.3 Buildings to be Moved ................................................................................................................................................................................. 86 4.4 Change of Use .............................................................................................................................................................................................. 86 4.5 Cumulative Standards .................................................................................................................................................................................. 86 4.6 Established Building Line in Built-up Area ................................................................................................................................................. 86 4.7 Exception Zone ............................................................................................................................................................................................ 87 4.8 Flood Plain ................................................................................................................................................................................................... 87 4.8.1 Permitted Uses Within the Flood Plain ................................................................................................................................................ 87 4.8.2 Prohibited Uses .................................................................................................................................................................................... 88 4.8.3 Flood Plain Zoning Standards .............................................................................................................................................................. 88 4.9 Frontage on a Street ..................................................................................................................................................................................... 88 4.9.1 Exceptions ............................................................................................................................................................................................ 88 4.9.2 Exception for Existing Agreements ..................................................................................................................................................... 89 4.10 Group Homes ............................................................................................................................................................................................... 89 4.11 Home Based Businesses............................................................................................................................................................................... 90 4.11.1 Scope of Permitted Home Based Businesses ....................................................................................................................................... 90 4.11.2 Zone Regulations for Home Based Businesses .................................................................................................................................... 91 4.12 Illumination .................................................................................................................................................................................................. 92 4.13 Kennel .......................................................................................................................................................................................................... 92 4.14 Land Suitability For Use .............................................................................................................................................................................. 93 4.15 Licenses, Permits and Other By-laws .......................................................................................................................................................... 93 4.16 Loading/Delivery Space Regulations ........................................................................................................................................................... 93 4.17 Minimum Distance Separation and Special Setbacks .................................................................................................................................. 93 Township of Baldwin Zoning By-law File P-2895 Page v 4.17.1 Waste Management Facility ................................................................................................................................................................. 94 4.17.2 Pits and Quarries .................................................................................................................................................................................. 94 4.17.3 Industrial Uses ..................................................................................................................................................................................... 94 4.17.4 Minimum Distance Separation Formulae I and II ................................................................................................................................ 95 4.17.5 Water Bodies and Shoreline Buffer Zone ............................................................................................................................................ 96 4.17.6 Wetland ................................................................................................................................................................................................ 96 4.17.7 Rail Corridor ........................................................................................................................................................................................ 96 4.18 Non-Complying and Non-Conforming Buildings and Structures ............................................................................................................... 97 4.18.1 Reconstruction, Enlargement of a Non-Complying Building or Structure .......................................................................................... 97 4.18.2 Non-Complying Lots ........................................................................................................................................................................... 97 4.18.3 Non-Conforming Uses ......................................................................................................................................................................... 98 4.18.4 Reconstruction of a Non-Conforming Use .......................................................................................................................................... 98 4.18.5 Prior Building Permits for a Non-Conforming Use ............................................................................................................................. 98 4.18.6 Road Widening Creating a Non-Complying Use ................................................................................................................................. 98 4.19 Occupancy Restrictions................................................................................................................................................................................ 99 4.20 Open Storage and Outdoor Display ............................................................................................................................................................. 99 4.21 Parking, Motor Vehicles and Drive-Through Facilities ............................................................................................................................... 99 4.21.1 General ................................................................................................................................................................................................. 99 4.21.2 Barrier Free Parking ........................................................................................................................................................................... 101 4.21.3 Drive-Through Facilities .................................................................................................................................................................... 101 4.21.4 Commercial Vehicle, Recreational Vehicles and Recreational Equipment ....................................................................................... 102 4.21.6 Schedule for Parking Regulations ...................................................................................................................................................... 103 4.22 Parts of Buildings or Structures Permitted Above Height Level ............................................................................................................... 109 Township of Baldwin Zoning By-law File P-2895 Page vi 4.23 Permitted Projections ................................................................................................................................................................................. 110 4.24 Prohibited Uses .......................................................................................................................................................................................... 112 4.25 Sight Triangle ............................................................................................................................................................................................. 113 4.26 Signs ........................................................................................................................................................................................................... 114 4.27 Streets, Parks, Playgrounds and Community Gardens ............................................................................................................................... 114 4.28 Temporary Buildings or Structures During Construction .......................................................................................................................... 114 4.29 Use by Public Authority or Public Utility .................................................................................................................................................. 114 4.30 Water and Sewage Disposal Systems ........................................................................................................................................................ 115 4.31 Zones Applying to More than One Properties ........................................................................................................................................... 115 Section 5 ZONES ................................................................................................................................................................................................... 116 5.1 Zone Classification .................................................................................................................................................................................... 116 5.2 Zones .......................................................................................................................................................................................................... 116 5.3 Use of Zone Symbols ................................................................................................................................................................................. 117 5.4 Holding Zone "h" Designation .................................................................................................................................................................. 117 5.5 Interpretation of Zone Boundaries ............................................................................................................................................................. 117 Section 6 RESIDENTIAL LOW DENSITY (R1) ZONE ...................................................................................................................................... 119 6.1 Permitted Uses ........................................................................................................................................................................................... 119 6.2 Zone Regulations ....................................................................................................................................................................................... 120 6.3 Additional Regulations .............................................................................................................................................................................. 122 Section 7 RESIDENTIAL MULTIPLE (R2) ZONE ............................................................................................................................................. 123 7.1 Permitted Uses ........................................................................................................................................................................................... 123 7.2 Zone Regulations ....................................................................................................................................................................................... 124 7.3 Additional Regulations .............................................................................................................................................................................. 126 Township of Baldwin Zoning By-law File P-2895 Page vii Section 8 RESIDENTIAL MIXED MOBILE HOME (R3) ZONE ....................................................................................................................... 127 8.1 Permitted Uses ........................................................................................................................................................................................... 127 8.2 Zone Regulations ....................................................................................................................................................................................... 128 8.3 Additional Regulations .............................................................................................................................................................................. 129 Section 9 SEASONAL AND WATERFRONT RESIDENTIAL (R4) ZONE ...................................................................................................... 130 9.1 Permitted Uses ........................................................................................................................................................................................... 130 9.2 Zone Regulations ....................................................................................................................................................................................... 130 9.3 Additional Regulations .............................................................................................................................................................................. 132 Section 10 GENERAL COMMERCIAL (C1) ZONE ......................................................................................................................................... 133 10.1 Permitted Uses ........................................................................................................................................................................................... 133 10.2 Zone Regulations ....................................................................................................................................................................................... 135 10.3 Additional Regulations .............................................................................................................................................................................. 136 Section 11 HIGHWAY COMMERCIAL (C2) ZONE ........................................................................................................................................ 137 11.1 Permitted Uses ........................................................................................................................................................................................... 137 11.2 Zone Regulations ....................................................................................................................................................................................... 138 11.3 Additional Regulations .............................................................................................................................................................................. 139 Section 12 RESORT COMMERCIAL (C3) ZONE ............................................................................................................................................ 140 12.1 Permitted Uses ........................................................................................................................................................................................... 140 12.2 Zone Regulations ....................................................................................................................................................................................... 141 12.3 Additional Regulations .............................................................................................................................................................................. 141 Section 13 LIGHT INDUSTRIAL (M1) ZONE .................................................................................................................................................. 142 13.1 Permitted Uses ........................................................................................................................................................................................... 142 13.2 Zone Regulations ....................................................................................................................................................................................... 143 Township of Baldwin Zoning By-law File P-2895 Page viii 13.3 Additional Regulations .............................................................................................................................................................................. 144 Section 14 RURAL INDUSTRIAL (M2) ZONE ................................................................................................................................................ 145 14.1 Permitted Uses ........................................................................................................................................................................................... 145 14.2 Zone Regulations ....................................................................................................................................................................................... 146 14.3 Additional Regulations .............................................................................................................................................................................. 147 Section 15 WASTE MANAGEMENT (M3) ZONE ........................................................................................................................................... 148 15.1 Permitted Uses ........................................................................................................................................................................................... 148 15.2 Zone Regulations ....................................................................................................................................................................................... 148 15.3 Additional Regulations .............................................................................................................................................................................. 148 Section 16 AGGREGATE EXTRACTIVE (MX) ZONE ................................................................................................................................... 150 16.1 Permitted Uses ........................................................................................................................................................................................... 150 16.2 Zone Regulations ....................................................................................................................................................................................... 150 16.3 Additional Regulations .............................................................................................................................................................................. 151 16.4 Zone Exceptions ......................................................................................................................................................................................... 151 Section 17 MINING (MIN) ZONE ...................................................................................................................................................................... 154 17.1 Permitted Uses ........................................................................................................................................................................................... 154 17.2 Zone Regulations ....................................................................................................................................................................................... 154 17.3 Additional Regulations .............................................................................................................................................................................. 155 Section 18 RURAL (RU) ZONE ......................................................................................................................................................................... 156 18.1 Permitted Uses ........................................................................................................................................................................................... 156 18.2 Zone Regulations ....................................................................................................................................................................................... 157 18.3 Additional Regulations .............................................................................................................................................................................. 158 Section 19 INSTITUTIONAL (I) ZONE ............................................................................................................................................................. 159 Township of Baldwin Zoning By-law File P-2895 Page ix 19.1 Permitted Uses ........................................................................................................................................................................................... 159 19.2 Zone Regulations ....................................................................................................................................................................................... 160 19.3 Additional Regulations .............................................................................................................................................................................. 161 Section 20 OPEN SPACE (OS) ZONE ............................................................................................................................................................... 162 20.1 Permitted Uses ........................................................................................................................................................................................... 162 20.2 Zone Regulations ....................................................................................................................................................................................... 162 20.3 Additional Regulations .............................................................................................................................................................................. 163 Section 21 ENVIRONMENTAL PROTECTION (EP) ZONE ........................................................................................................................... 164 21.1 Permitted Uses ........................................................................................................................................................................................... 164 21.2 Zone Regulations ....................................................................................................................................................................................... 164 21.3 Additional Regulations .............................................................................................................................................................................. 164 Section 22 Exceptions to Zones ........................................................................................................................................................................... 165 Township of Baldwin Zoning By-law File P-2895 Page x Explanatory Note The purpose of this By-law is to implement the Official Plan of the Township of Baldwin and to regulate the use of land and the character, location and use of buildings and structures in the Township of Baldwin. This By-law applies to all land within the Township of Baldwin. The By-law is passed by the authority of Section 34 of the Planning Act. The By-law conforms to the Official Plan for the Township of Baldwin. After the date of adoption of this By-law, any new development, redevelopment or alteration to an existing use or building must comply with the regulations of this By-law before a building permit can be issued. Applicants are encouraged to pre-consult with the Township on how the zoning regulations apply. Changes to the regulations contained in this By-law may be made with prior approval from the Township as provided for under the Planning Act. Changes may require an amendment to the Zoning By-law. Zoning By-law Amendments The Zoning By-law may be amended where the proposed amendment complies with the Township's Official Plan. In accordance with the requirements of Section 34 of the Planning Act, the usual procedure for amendments involves the following steps: (1) The person or public body wishing to amend the Zoning By-law must consult with the municipality before making an application. The application may then be made to the Clerk of the Corporation of the Township of Baldwin to amend the By- law under (subsection 34(10.0.1) of the Planning Act). Applications are available from the Township office: 11 Spooner Street, Box 7095, McKerrow, Ontario, P0P 1M0. Tel. (705) 869-0225 or on the Township's website www.baldwin.ca (2) Designated staff will determine whether the application is a 'complete' application. Additional information, reports or studies may be required to support the proposed amendment before the application is considered complete. Applicants are required to submit a public consultation strategy as part of the application. Council has 30 days from the date of application to determine whether the application is complete (s. 34(10.1-10.3)). A complete application also requires that the Township's application fee is paid. (3) Once the application is considered complete, staff circulates to the applicant and prescribed agencies and bodies a Notice of Complete Application (s. 34(10.4)). If Council deems an application incomplete or does not make a decision within 30 days Township of Baldwin Zoning By-law File P-2895 Page xi from the date of application, the person or public body may appeal to the Local Planning Appeal Tribunal (LPAT) to determine whether the application is complete (s. 34(10.5). (4) If an application is considered complete, staff advertises that a Public Meeting will be held in order to consider an amendment to the Zoning By-law. Advertisement is given 20 days in advance of the public meeting (s. 34(12-13, 14.1)). The advertisement may be placed in the local newspaper, or may be mailed, faxed or emailed to all property owners within 120 m of the property affected by the application. Where the notice is mailed, the applicant must also post a notice in a location on the property to be zoned that is visible from the adjacent street. (5) Council holds a Public Meeting and evaluates the appropriateness of the proposed amendment. Council considers the proposal's conformity with the Official Plan, adequacy of services, conformity with the provisions of the requested zone, suitability of the proposed use in the proposed location, public input, etc. The application must also be consistent with the Provincial Policy Statement and must also comply with the Growth Plan for Northern Ontario. If the application is considered satisfactory, the amending By-law is passed by Council. (6) Within 15 days of the passing of the by-law, the Clerk will give written notice of the decision of Council through a notice by mail, fax or email to the applicant, to the Ministry of Municipal Affairs and Housing and to anyone who made a written request to receive notice of the decision (s. 34(10.9, 18)). (7) If Council refuses the application and does not amend the zoning by-law, the Clerk must give written notice with reasons to the applicant. The notice must be given within 15 days of Council's decision. (8) Any person who gave their opinion at a public meeting or who submitted their concerns in writing to the Clerk before the by-law was passed may appeal the decision of Council to the Local Planning Appeal Tribunal. The appeal must be filed with the clerk within the 20 day appeal period set out in the notice of the passing of the Zoning By-law amendment (s. 34(19)) and must include a cheque for $300 payable to the Minister of Finance. If a person does not make an oral or written submission prior to council passing the by-law, they may not appeal Council's decision. (9) If Council refuses to approve the application or Council does not make a decision within 150 days from the date the application the person or public body may appeal to the Local Planning Appeal Tribunal (s. 34(11)). An appeal of a refusal must be made within 20 days of the date of the decision or within 20 days of the lapsing of the 150-day period (s. 34(11, 11.0.2)). (10) Where an appeal is made, Council may opt for mediation or dispute resolution to resolve the objection by giving notice to the appellant(s) (s. 34 (20.2). Participation by the appellant(s) is voluntary but where agreed to, the period for mediation is 75 days. Township of Baldwin Zoning By-law File P-2895 Page xii (11) An amendment to the Zoning By-law takes effect on the day the by-law was passed by Council provided no appeal is filed. (12) If a decision or lack of a decision is appealed to the Local Planning Appeal Tribunal, the Tribunal can make any decision the Council of the Township had in regard to the specific application (s. 34(26)). In other words, the LPAT can approve, or refuse the application or approve the application in part. How long does a zoning By-law amendment take to be approved? Upon the receipt of a complete application (including any required supporting studies), a zoning By-law amendment usually takes 2-3 months to complete. The level of complexity and issues related to the proposal will affect the time line. Minor Variances A minor variance may be granted to the zoning by-law where the size or shape or other conditions prevent an applicant from meeting the zoning standards provided the criteria can be met. Criteria for evaluating of Minor Variances are set out in section 45(1) of the Planning Act): (1) The general intent and purpose of the Official Plan are maintained; (2) The general intent and purpose of the Zoning By-law are maintained; (3) The variance is minor; and (4) The proposed use of land, building or structure is desirable for appropriate development. An application for a minor variance must meet all of the above four tests to be approved in addition to any other criteria that the Township has established. Where a proposed variance is not minor or cannot satisfy the criteria for a minor variance, an amendment Township of Baldwin Zoning By-law File P-2895 Page xiii to this Zoning By-law may be required. Applications for a minor variance are available from the Township office 11 Spooner Street, Box 7095, McKerrow, Ontario, P0P 1M0. Tel. (705) 869-0225 or on the Township's website www.baldwin.ca How long does a minor variance application take to be approved? Upon the receipt of a complete application a minor variance application usually takes 1-2 months to complete. The level of complexity and issues related to the proposal will affect the time line. How to Use this By-law Step 1 - Locate Your Property and Determine the Zone Use the zoning schedules (maps) at the end of this document to locate the property you are interested in. Identify the zone symbol that applies to that property. Zone examples include R1, R2, C1, and M1 Step 2 - Verify status of any Zoning By-law Amendments A Zoning by-law is not a static document; it is amended over time as demands and policies governing land use change. Before proceeding any further, you should verify that your property is not the subject of an earlier Zoning By-law Amendment. While the Township strives to keep the By-law up-to-date, more recent amendments may not be included in the version of the By-law you are using. Township staff will be able to assist you to confirm if your property has been the subject of a more recent amendment. Step 3 - Determine What Uses are Permitted in the Zone Use the Permitted Uses section of the Zone to determine what use(s) is/are permitted in the Zone. Run your finger down the list to find the use you are interested in. If you find the use you are interested in, it is permitted in the Zone. Otherwise, it is not permitted in that Zone. Step 4 - Determine What Zone Regulations Apply Township of Baldwin Zoning By-law File P-2895 Page xiv Once the use is determined to be permitted, move down to the Zone Regulations section. In this section the regulations will indicate what the minimum regulations will be, i.e. minimum lot area, lot frontage, building setbacks etc. These standards will help you determine where you can locate a building or structure on your lot. Step 5 - Determine if any General Provisions Apply Development of the property may be affected by Section 4 (General Provisions). General Provisions can apply to any zone anywhere in the municipality. This section contains provisions that apply to such matters as Accessory Uses, Height Exceptions, Home Based Businesses, parking etc. Use this section to determine how a particular land use might be affected. For example, Section 4.22 provides the parking requirements for all uses permitted in the Township. If you are considering changing the use of your property or adding a new use to your property, you should review Section 4.22 to ensure that you are aware of the parking requirements. Step 6 - Clarify the Meaning of a Use Throughout the By-law some words are shown in black italicized script. These words are defined in Section 3 (Definitions). If you are unsure as to what a particular word means or what the scope of a permitted use includes, then refer to the alphabetical list of definitions to assist you. This section also contains illustrations which are intended to help with understanding the definition. Township of Baldwin Zoning By-law File P-2895 Page xv Township of Baldwin Zoning By-law File P-2895 Page 1 Section 1 ADMINISTRATION 1.1 Title This By-law shall be known as the Zoning By-law or By-law3 of the Corporation of the Township of Baldwin and shall consist of the text and one or more schedules attached hereto. 1.2 Application and Building Permits In addition to the requirements of the Township of Baldwin Building By-law, every planning application or application for a building permit shall be accompanied by information required to determine compliance with this By-law. The regulations of this By-law must be met before a building permit is issued by the Municipality for the erection of any building or structure. Explanatory Note for Site Plan Drawings A site plan drawn to scale should be prepared which illustrates - The true dimensions of the lot to be built upon; - The proposed location, height and dimensions of any proposed building or structure; - The setbacks of all existing and proposed buildings or structures from the nearest lot lines; the location and number and dimensions of parking spaces (conventional, cycling and barrier-free), parking aisles, driveway access, parking areas, loading spaces and daylighting triangles; - The location of utility easements, fire hydrants and sidewalks - Landscaping details, lot grading and on-site stormwater features - Natural features such as wetlands, water bodies and flood prone areas Explanatory Note Section 1 identifies the administrative controls and requirements of the By-law. It names the By-law, states its relationship with other By-laws, defines the area to which the By-law applies, how the By-law is to be enforced, etc. In essence, it identifies the legal parameters within which the By-law functions. Township of Baldwin Zoning By-law File P-2895 Page 2 1.3 Defined Area The provisions of this By-law shall apply to all lands within the municipal boundaries of the Corporation of the Township of Baldwin. 1.4 Enforcement This By-law shall be enforced by the Clerk or such other persons as may from time to time be designated by Council, and no permit for the use of land or for the erection or use of any building or structure or approval of application for any municipal license within the jurisdiction of the Council shall be issued or given where the proposed building, structure or use would be a violation of any provision of this By-law. 1.5 Penalty Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to the fine(s) as provided for under the Planning Act, R.S.O., 1990, c. P.13, as amended. 1.6 Validity A decision of a Court stating that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this By-law. 1.7 Other By-laws, Licenses, Permits and Regulations Nothing in this By-law shall exempt any person from complying with the requirements of any other By-law in the Township of Baldwin, or from applying for and obtaining any permit, license, permission, authority or approval required by this or any other By-law or regulation of the Corporation or by any requirement of the Province of Ontario or the Government of Canada. 1.8 Conflict In the event of a conflict between this By-law and amendments thereto, and any general or special By-law, the most restrictive By-law shall prevail. 1.9 Effective Date This By-law shall take effect from the date of its passage by Council, subject to the provisions of the Planning Act. Township of Baldwin Zoning By-law File P-2895 Page 3 1.10 Metric and Imperial Terms The imperial measurements contained in this By-law are included for convenience and do not form part of the By-law. The metric measurements contained in this By-law are the only measurements to be used in determining compliance with the By- law. 1.11 Level of Accuracy All calculations of the regulations of this By-law shall be to one decimal place, and in no case shall there be a rounding to such decimal place. In the event of any conflict between the zone regulations of this By-law, the more restrictive regulation(s) shall apply. 1.12 Defined Terms All defined terms are shown in bold italicised script throughout this By-law. 1.13 Diagrams and Figures This By-law contains a number of diagrams and figures which are intended to assist with the interpretation of the By-law; however, they do not form part of this by-law. 1.14 Repeal of Existing By-laws Upon this By-law coming into effect, any zoning By-laws or amendments thereto passed under Section 34 of the Planning Act or a predecessor thereto are hereby repealed. The adoption of this By-law shall not prevent any current, pending or future prosecution or action to abate any existing violation of previous By-laws. 1.15 Reference to Legislation Where this Zoning By-law makes reference to legislation, then the references shall be deemed to mean the statute currently in force and any amendments thereto and all applicable regulations thereunder. 1.16 Technical Revisions to the Zoning By-law Revisions may be made to this by-law without the need for a zoning by-law amendment in the following cases: 1. Correction of grammar or typographical errors or revisions to format in a manner that does not change the intent of the By-law. Township of Baldwin Zoning By-law File P-2895 Page 4 2. Adding or revising technical information on the zoning maps or schedules that does not affect the zoning of lands including, but not limited to, matters such as updated and correcting infrastructure information, keys, legends or title blocks. 3. Changes to appendices, headings indices, marginal notes, table of contents, illustrations, historical or reference information, page numbering, footers or headers, which do not form part of this By-law and are editorially inserted for convenience or reference only. Township of Baldwin Zoning By-law File P-2895 Page 5 Section 2 CONFORMITY REQUIREMENTS 2.1 Compliance No land, building or structure shall be used and no building or structure shall be erected or enlarged, altered or placed for any purpose within the area defined by this By-law, except as specifically, or by necessary implication, authorized by this By-law and in conformity with all the applicable provisions of this By-law. 2.2 Compliance of Severances No lands shall be severed from any existing lot if the effect of an approval for severance is to cause the original, adjoining, remaining or new building, structure, lot or use of land to be in contravention of any provision of this By-law. 2.3 Application to Building Where a use does not take place within a building, but a regulation in this By-law imposes a requirement premised on the use being in a building, the requirement applies, with necessary modifications, as though the actual area occupied by the use was in a building. 2.4 Minor Variances All minor variances applied for prior to the enactment of this By-law and finally approved pursuant to Section 45 of the Planning Act, R.S.O., 1990, c. P.13, as amended, shall continue to apply and remain in force as if they are variance to this By-law. In addition to the criteria set out in Section 45 (1) of the Planning Act, the following additional criteria shall be considered in the review of applications for a minor variance: 1. Development must generally conform to policies and zoning for shoreline vegetation buffer. Explanatory Note This short section establishes the authority of the By-law. It requires that all land uses, buildings and structures must comply with this Zoning By-law. Township of Baldwin Zoning By-law File P-2895 Page 6 Section 3 DEFINITIONS 3.1 General Definitions of words and phrases used in this By-law that are not included in the list of definitions in Section 3 shall have the meanings that are commonly assigned to as defined in a dictionary. 3.2 Definitions Abattoir Means a building specifically designed to accommodate the penning and slaughtering of live animals and the preliminary processing of animal carcasses and may include the packing, treating, refrigeration and sale of the product on the premise. Accessory When used to describe a use, building or structure, shall mean a use, building or structure naturally or normally incidental, subordinate and exclusively devoted to a principle use, building or structure and located on the same lot therewith [see Figure 3.1]. Explanatory Note For the purpose of this By-law, the definitions and interpretations given in this Section shall govern. In this By-law, the word "shall" is mandatory and not directory; words in the singular include the plural, words in the plural include the singular; the word "used" includes "arranged", "designed" or "intended to be used". The word "occupied" shall include "designed to be occupied" and "arranged to be occupied". Examples of accessory buildings or structures are a detached garage, a storage shed, a storage container, a swimming pool or a satellite dish. Examples of accessory uses are a home based business, an apartment above a store, or a retail outlet within a manufacturing plant. Township of Baldwin Zoning By-law File P-2895 Page 7 Accessory Dwelling - see dwelling, Accessory Accessory Apartment - see Dwelling - Accessory Apartment Accessory Dwelling Unit - see Dwelling, Accessory Dwelling Unit Township of Baldwin Zoning By-law File P-2895 Page 8 Adventure Game Means an outdoor sport or recreational commercial establishment operated commercially in which participants engage in games mimicking combat-type roles and which may include the use of paint ball or similar equipment. Aggregate Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act or the Aggregate Resources Act. Agricultural Use Means the use of land, building(s) or structure(s) for: 1. The growing of crops, including but not limited to nursery and horticultural crops and all related activities such as soil preparation, manure or fertilizer spreading, planting, spraying, grain drying, irrigating, harvesting and also including the storage and sale of the crops produced on the lands. 2. Animal husbandry including the raising, boarding, and keeping of all forms of livestock, including poultry and fish, aquaculture, apiaries and all related activities such as breeding, training, feeding and grazing. 3. Agro-forestry, maple syrup production. 4. The production of animal products including but not limited to milk, eggs, wool, fur, or honey, and all related activities such as the collection, storage and sale of the products produced on the lands. 5. The use and storage of all forms of on-farm buildings and structures, equipment or machinery needed to accomplish the foregoing activities. Township of Baldwin Zoning By-law File P-2895 Page 9 6. Agricultural use shall not be construed to include commercial activities related to agriculture such as abattoirs, tanneries and retail sales outlets, (except a farm produce outlet) or manufacturing and processing activities involving farm crops or animal products such as cheese factories, grain mills or retail seed sales. Agricultural Related Use Means the use of land, buildings or structures which are farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. Aisle Means the traveled way by which motor vehicles enter and depart parking spaces or loading/delivery spaces or a parking area [see Figure 3.2]. Airport or Aircraft Landing Area Means land used for the purpose of landing, storing, taxiing or taking off of aircraft and uses, buildings and structures accessory thereto. Figure 33.21: Accessory Building and Main BuildingExamples of Parking Aisle Township of Baldwin Zoning By-law File P-2895 Page 10 Alter When used in reference to a building, structure or part thereof, means: 1. To change any one or more of the internal or external dimensions of such building or structure; or 2. To change the type of construction of the exterior walls or roof of such building or structures; or 3. To change the use of such building or structure or the number or types of uses or dwelling units contained therein. When used in reference to a lot means: 1. To change the boundary of such lot with respect to a street or lane; or 2. To change any dimension or area, relating to such lot (e.g. width, depth or area of a lot or required yard, landscaped open space or parking area); or 3. To change the use of such lot or the number of uses located thereon. When used in reference to a shoreline means to change, straighten, divert or interfere in any way with the channel of any water body or the lands surrounding the high water mark of a water body. Altered and alteration shall have corresponding meanings. Ambulance Facility Means a building or part thereof where professional paramedics and personnel are stationed and their motor vehicles and equipment are kept or stored. Animal Day Care Establishment Means a commercial premise used for a day care service for domestic pets, but shall not include an animal shelter or kennel. Township of Baldwin Zoning By-law File P-2895 Page 11 Animal Shelter Means a building, structure where animals, birds or other livestock are examined or treated and which may be kept on a short-term basis, and may include the premises of a veterinarian or veterinary surgeon, but does not include a commercial kennel. Apartment Building - see Dwelling - Apartment Archaeological Resources Means artifacts, archaeological sites, and marine archaeological sites as defined under the Ontario Heritage Act. Artisan Shop or Studio - see Studio Asphalt Plant Means an industrial facility used for the production of asphalt for immediate use in the paving of roads and driveways and the damp-proofing of buildings or structures. Assembly Hall - see Place of Assembly Attached Means a building or structure otherwise complete in itself which is connected to, and which depends for structural support upon a division wall or walls shared in common with an adjacent building or buildings. Attic Means that portion of a building immediately below the roof and wholly or partly within the roof framing. Auction Hall Means a premise used for the storage of goods or materials which are to be sold on the premises by public auction and for the sale of the said goods and materials by public auction. Auditorium - see Place of Assembly Township of Baldwin Zoning By-law File P-2895 Page 12 Auto Body Shop Means a commercial premise where painting, refinishing, restoration, alterations, or repairs are made to motor vehicles, but does not include a wrecking or salvage yard or auto repair garage. Auto Repair Garage Means a commercial premise for the storage, repair and servicing of motor vehicles or recreational vehicles. Automotive Sales Establishment Means a premise for the display, storage and sales or leasing, or renting of new and/or used motor vehicles and recreational vehicles and related products, and may include accessory uses such as an Auto Repair Garage and/or Auto Body Shop, administrative offices and a customer lounge. Automotive Service Station Means a premise used for the sale of fuels or energy products, for motor vehicles or recreational vehicles and may include an auto repair garage, the renting, servicing, repairing, lubrication, cleaning and polishing of vehicles and the sale of automotive accessories and related products, but shall not include any other automotive use defined in this By-law [see also Gas Bar]. Automobile Wrecking Yard - see Wrecking or Salvage Yard Backlot Means a lot which is separated from the shoreline by both an intervening waterfront lot and a street or private road. Balcony Means an open platform projecting from the face of a building's wall, cantilevered or supported by columns or brackets and surrounded by a balustrade or railing. Bank or Financial Institution Means a chartered bank, finance company office, co-op, trust company, loan company or similar establishment. Township of Baldwin Zoning By-law File P-2895 Page 13 Barrier Free Means that which can be approached, entered and used by persons with physical or sensory disabilities Basement Means that portion of a building below the first floor which is partly underground. [See Figure 3.7] Batch Plant, Asphalt or Concrete Means an industrial facility used for the production of asphalt or concrete products, used in building or construction and includes but is not limited to facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process of finished products manufactured on the premises and the storage and maintenance of equipment. Bed and Breakfast Establishment Means a private single detached dwelling in which guest rooms are provided for hire or pay as temporary accommodation on a daily basis with a breakfast service for the travelling or vacationing public as an accessory use and where the proprietor lives on the premises. Bingo Hall Means a building or part thereof used for bingo or a bingo event. Boarding House Means a dwelling other than a single-detached dwelling which contains three (3) or more rooming units wherein, for remuneration, lodgings, with or without meals, are provided to the public. Boat House Means a one-storey accessory building used for the storage of boats and boating equipment. Township of Baldwin Zoning By-law File P-2895 Page 14 Boat Launch Means a use of land adjacent to a water body that is used to launch and remove boats, marine vessels and watercraft. Boat Slip Means a single mooring space for a boat, marine vessel or watercraft forming part of a dock, boat house or other mooring facility. Brewery or Winery Means a building used primarily for the manufacturing, processing and distribution of beer, cider and wine and may include an accessory retail outlet. Building Means any structure consisting of walls, roof and floors used or intended for sheltering any use or occupancy. The word "building" shall include the whole of such structure or part thereof. Building, Accessory - see Accessory Building Envelope Means the buildable area on a lot, defined by all of the required yards and setbacks and the maximum height provisions, within which a building can be erected [see Figure 3.3]. Building Height - see Height Figure 3.3: Building Envelope Figure 3.41: Building LineAccessory Building and Main Building Township of Baldwin Zoning By-law File P-2895 Page 15 Building Inspector or Building Official - see Chief Building Official Building, Main Means a building in which is conducted the principle uses of the lot on which the building is located [see Figure 3.1]. Building Line Means a line within a lot drawn parallel or concentric to a lot line establishing the minimum distance between that lot line and any portion of a building or structure which may be erected [see Figure 3.4]. Building, Mixed Use Means a building containing more than one land use (e.g. retail commercial and residential, office and residential, industrial and retail) that is designed and constructed as a single building. Building Separation Means the least horizontal distance permitted between the nearest portions of the walls of any buildings on a lot [see Figure 3.5]. Building Supply Store or Depot Means a building where building supplies such as lumber, millwork, siding, roofing, plumbing, electrical, heating, hardware, air conditioning, home improvement and similar goods are stored, displayed, or kept for retail or wholesale sale and may include a bulk storage yard. This definition shall not include a wrecking yard. Figure 3.51: Building SeparationAccessory Township of Baldwin Zoning By-law File P-2895 Page 16 Building, Temporary Means a building or structure intended for removal or demolition within a prescribed time period not exceeding two years or as set out in a building permit. Built Heritage Resources Means buildings, structures, monuments, installations or any manufactured remnant that contributes to a property's cultural heritage value or interest as identified by a community, including an Aboriginal community. Built heritage resources are generally located on property that has been designated under Parts IV or V of the Ontario Heritage Act, or included on local, provincial or federal registers. Bulk Fuel Depot Means lands, buildings and structures for the storage, distribution of fuels and oils but not including retail sales or key lock operations. Bulk Storage Yard Means land or a lot used for the storage in the open or partially sheltered, of goods and materials and without limiting the foregoing shall include lumber, building supplies, construction equipment, but shall not include a wrecking yard. Camp (Hunt Camp, Fishing Camp) Means a building or structure intended to provide basic shelter and accommodation on a temporary basis for persons engaged in such activities as hunting, fishing, snowmobiling, hiking or other similar forms of recreation but does not include a seasonal dwelling. Campground Means an area of land, managed as a unit, providing short term accommodation or overnight camping for tents, tent trailers, recreational vehicles or truck campers. A campground may include accessory uses, buildings and structures such as an accessory dwelling, laundromat, convenience store, pavilion, recreation hall, beach, the sale of propane fuels or firewood or other goods or supplies and equipment rentals that are accessory to the operation of the campground. Township of Baldwin Zoning By-law File P-2895 Page 17 Camp Site Means a parcel of land within a campground that is maintained as a site for the location of a tent, tent trailer, recreational vehicle or truck camper, but not a mobile home. Cannabis Means a cannabis plant, including the phytocannabinoids produced by or found in such a plant regardless of whether that part has been processed or not and any substance or mixture of substances that contains or has on it and part of such a plant and any substance that is identical to a phytocannabinoid produced by or found in such a plant regardless of how the substance was obtained. Cannabis Retail Store or Dispensary Means any use of land, building, structure or part thereof used for the retail sale of cannabis or any product or substance produced in whole or part from cannabis, and shall be deemed to include a licensed Ontario Cannabis Retailer under the Ontario Cannabis Retail Corporation Act, 2017. Canopy Means a roof-like structure projecting from the exterior face of a building or is a stand-alone structure over a pump island or gas bar. Figure 3.6: Car Port Township of Baldwin Zoning By-law File P-2895 Page 18 Car Port Means a structure open on at least two sides and intended to be used for the sheltering of one or more motor vehicles. A car port attached to the main building is not an accessory structure. [See Figure 3.6] Car Wash Means a commercial building or portion thereof used for the washing or cleaning of motor vehicles. A car wash may be an accessory use to a permitted automotive use. Catering Establishment Means a commercial establishment or a home based business in which food and beverages are prepared for consumption off the premises and are not served to customers on the premises. Cellar Means the portion of the building below the first floor, which is partly or wholly underground and which has more than one- half of its height from floor to ceiling or to the underside of the floor joists below the finished grade [see also Basement and Figure 3.7]. Cemetery Means a cemetery within the meaning and as regulated by the Funeral, Burial and Cremation Services Act, 2002 and includes a mausoleum, columbarium or other building or structure intended for the interment of human remains. Cemetery, Pet Means a use of land for the interment of animal remains of a domestic pet. Figure 3.7: Cellar and Basement Township of Baldwin Zoning By-law File P-2895 Page 19 Chief Building Official Means an officer or employee of the Corporation charged with the duty of enforcing the provisions of the Building Code Act. Church - see Place of Worship Clinic Means a building or part thereof used solely for the purpose of consultations, diagnosis and treatment of patients, by qualified health practitioners and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, laboratories, professionals (e.g. physicians, dentists, optometrists, chiropodists, chiropractors or drugless practitioners). Club, Private Means a building or part of a building used as a meeting place by an association of persons who are bona fide members, which owns, hires or leases the building or part thereof, the use of such premises being restricted to members and their guests for social, cultural, recreational, business or athletic purposes. Commercial Greenhouse, Nursery or Garden Centre Means a building and/or outdoor area primarily used for the growing of flowers, sod, vegetables, shrubs or bushes, trees, landscaping or orchard stock and similar vegetation for wholesale or retail sale on or off the premises and may include the incidental sale of gardening supplies, gardening tools, planting materials, fertilizers, pesticides, lawn furniture and equipment. Commercial Parking Lot Means a lot forming the principal use of the land which is used for the temporary parking of two or more motor vehicles for profit or gain. Commercial Use Means the use of land, buildings or structures for the purpose of buying and/or selling commodities and supplying services. Township of Baldwin Zoning By-law File P-2895 Page 20 Commercial Vehicle Means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, fire apparatus, police patrols, motor buses and tractors used for hauling purposes on the highway. Communications Facility Means an installation which transmits receives and/or relays communications such as a microwave relay tower, significant antenna, telephone line, cellular telephone tower, radio or television broadcast tower or similar facility approved by Innovation, Science and Economic Development Canada. Community Centre - see Place of Assembly Community Garden Means a site operated by community members and/or a community organization where lands are used for the growing of produce, flowers and native plants for non-profit use through individual or shared plots. Conservation Use Means the use of lands which are intended to remain open in character with the priority use given to preservation, protection or conservation of their ecological uniqueness, wildlife production and their natural features and may include non-commercial recreational uses. Construction Work Camp Means an area of land including buildings and structures specifically designed as temporary living quarters for persons employed in a utility-related construction project and ancillary services and may include a dormitory, lodging or sleeping facilities, sanitary and eating facilities and accessory uses directly related to meeting the needs of occupants including but not limited to a Laundromat, recreational facilities, and shall also include a contractors yard as defined, but also to include an onsite self-contained fuel storage facility. Township of Baldwin Zoning By-law File P-2895 Page 21 Contractor's Yard Means the yard of a building contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company, and may include facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business, but does not include the crushing of virgin or recyclable aggregates or materials and the wholesale or retail sale of building supplies or home improvement supplies. Continuum-of-Care Facility Means a building or a group of buildings which may include a senior citizens apartments building, a nursing home, a long- term care facility, home for the aged, a retirement home and accessory facilities including but not limited to clinics, recreation centers, 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. This definition does not include a group home, or boarding house. Convenience Store Means a retail store used primarily for the sale of grocery and other daily household necessities required to fulfil the day-to- day needs of the surrounding community and may include a video rental outlet. Convention Facility - see Place of Assembly Corporation Means the Corporation of the Township of Baldwin except where reference is made in this By-law to a private corporation, in which case the definition shall mean a body corporate with share capital to which the Business Corporations Act applies. Cottage Industry - see Home Based Business Council Means the Council of the Corporation of the Township of Baldwin. Coverage - see Lot Coverage Township of Baldwin Zoning By-law File P-2895 Page 22 Crisis Care Facility Means a residential facility that is licensed and funded by the Province of Ontario, Government of Canada or an appointed agency, for the short term, temporary care of persons requiring immediate emergency shelter and aid who are living under supervision in a single housekeeping unit and who by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their wellbeing. Cultural Heritage Landscape Means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Aboriginal community. The area may involve features such as structures, spaces, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Custom Workshop Means a building or structure or part of a building or structure used by a trade or craft for the individual custom production of articles. The sale of such products shall be permitted as an accessory use. Day Lighting Triangle - see Sight Triangle Day Care, Private Home Means the use of a dwelling unit operated commercially for the temporary care of children Day Nursery Means an establishment for pre-school-aged children governed by the Child Care and Early Years Act. Deck Means a structure above the ground cantilevered from a dwelling or building or supported by the ground with no roof or walls except for visual partitions and which is used as an outdoor living area. Township of Baldwin Zoning By-law File P-2895 Page 23 Detached When used in reference to a building or structure, means a building or structure which is not structurally dependent on, nor adjoins on any side, any other building. Development Means the creation of a new lot, a change of land use, or the construction of buildings and structures requiring approval under the Planning Act and shall be taken to include redevelopment, but does not include activities that create or maintain infrastructure authorized under an environmental assessment process, works subject to the Drainage Act, or underground or surface mining of minerals or advanced exploration on mining lands. Dish Antenna - see Satellite Dish/Receiver Dock Means an accessory structure used for the mooring of boats, marine vessels or watercraft which is designed to float freely on the surface of the water and which may be secured or anchored to the shoreline. Drive-Through Facility Means a premise used to provide or dispense products or services through an attendant or a window or an automated machine, to persons remaining in motor vehicles that are in a designated stacking space, and may be in combination with other land uses. Kiosks within a parking structure necessary for the operation of the parking facility or kiosks associated with a surface parking area are not considered drive through facilities. Driveway Means an unobstructed passageway used to provide access to a lot from a street or lane. Driving Range Means a public or private area operated for the purpose of developing golfing techniques, including miniature golf courses, but excluding a golf course. Township of Baldwin Zoning By-law File P-2895 Page 24 Dry Cleaning or Laundry Outlet Means a premise used for the purpose of receiving articles or goods of fabric to be subjected to the process of laundering or dry cleaning at another location and may include facilities for the pressing or ironing of such articles. Dry Cleaning or Laundry Plant Means a premise in which the business of laundry or dry cleaning is housed and where the cleaning, drying, ironing and finishing of such goods are conducted. Dwelling Means a building or part of a building occupied or capable of being occupied as the home or residence, or sleeping place, by one or more persons, where food preparation and sanitary facilities are provided, but shall not include a hotel or motel. Dwelling - Accessory Means a fully-detached dwelling which is accessory to a permitted non-residential use. Dwelling - Apartment Means a building containing three (3) or more dwelling units but shall not include a row or townhouse dwelling [see Figure 3.8]. Dwelling - Accessory Apartment or Apartment-in-a-House Means a separate and self-contained dwelling unit (e.g. includes cooking, sanitation and sleeping facilities) in or added to a single detached dwelling unit. Dwelling - Accessory Dwelling Unit Means a self-contained dwelling unit which is accessory to a permitted non-residential building other than an auto service station or a repair garage. Township of Baldwin Zoning By-law File P-2895 Page 25 Dwelling, - Additional Residential Unit Means an additional dwelling unit within a permitted single detached dwelling, semi- detached dwelling, or row house that does not otherwise contain an ancillary residential unit, and includes a dwelling unit in a detached building or structure ancillary to a detached house, semidetached house or rowhouse. Dwelling - Duplex Means a building that is divided horizontally into two (2) dwelling units, each of which has an independent entrance [see Figure 3.8]. Dwelling - Group or Group Housing or Group Housing Project Means a combination of dwelling types (e.g. semi- detached, triplex, row housing, and apartments) where there are two or more such dwellings located on the same lot, which lot is retained under one ownership. Dwelling - Mobile Home Means any dwelling that is designed to be made mobile, and constructed or manufactured in accordance with standards set out in the Building Code and designed to provide a permanent residence for one or more persons, but does not include a recreational vehicle. Figure 3.8: Dwelling Types Township of Baldwin Zoning By-law File P-2895 Page 26 Dwelling - Multiple Unit Means a separate building designed exclusively to contain three (3) or more dwelling units. Dwelling - Row or Townhouse Means a building that is divided vertically into three (3) or more dwelling units, each of which has an independent entrance at grade. [See Figure 3.8] Dwelling - Seasonal Means a dwelling constructed as a secondary place of residence and is not the principal place of residence of the owner or occupier thereof (e.g. cottage). Dwelling - Semi-detached Means a building on a single foundation divided vertically into two (2) separate dwelling units by a common wall [see Figure 3.8]. Dwelling - Single-detached Means a detached building containing one (1) dwelling unit [see Figure 3.8]. Dwelling - Tiny House or Small House Means a dwelling having a gross floor area of not less than 27.8 m2 [300 ft.2] and not more than 41.8 m2 [450 ft.2]. Dwelling - Triplex Means a building on a single foundation divided into three (3) separate dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule [see Figure 3.8]. Township of Baldwin Zoning By-law File P-2895 Page 27 Dwelling - Two-Unit Means a dwelling containing two (2) dwelling units and for the purpose of this By-law a Two-Unit Dwelling may include a semi-detached dwelling, a duplex dwelling, but shall not include a converted dwelling or a dwelling containing a secondary dwelling unit. Dwelling Unit Means one or more habitable rooms or suites of two or more rooms, designed or intended for use by and occupied by one or more individuals as a household in which separate culinary and sanitary facilities are provided for the exclusive use of such household, and with a private entrance from outside the building or from a common hallway or stairway inside the building. Dwelling Unit Area Means the floor area of a dwelling unit measured within the interior faces of the exterior walls of the dwelling unit. The unfinished floor area in the basement shall not be included in the calculations of the dwelling unit area. Easement Means the legal right acquired by contract to pass over, along, upon or under the lands of another and shall be deemed to include an easement for a water, sewer, gas or hydro or communications utility, drainage works, and a street, or road. Eave Means a roof overhang, free of enclosing walls, without supporting columns. Entrance Means in reference to a lot, the area of intersection between a driveway and a street line. Equestrian Establishment Means the use of land, buildings and structures for operation of a horse riding academy, horse riding stables, horse training, handling care, or for the lodging of horses. Township of Baldwin Zoning By-law File P-2895 Page 28 Equipment Rental Establishment Means a premise wherein the primary use is the rental of machinery, equipment, furniture and fixtures and other goods. Equipment Sales, Service and Repair Establishment Means a premise where machinery or equipment for use in construction undertakings, commercial vehicles, and other similar goods are kept for sale at retail or wholesale and which may be serviced, washed or repaired and may include an auto body shop. (Examples include farm equipment, back hoes, floats or trailers.) Equipment and Vehicle Storage Yard Means a premise which is used for the storage of machinery and equipment for construction undertakings, commercial vehicles, and other similar goods requiring large areas for outside storage. Limited repair of such machinery, equipment, vehicles and goods may be permitted in a building provided such repair is clearly incidental and secondary to the storage use. Erect Means to build, construct, reconstruct, renovate, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. Established Grade Means: 1. When used with reference to a building, the average elevation of the finished level of the ground adjoining a wall of the building, measured along the length of the wall, exclusive of any artificial embankments, planters, berms or steps [see Figure 3.9]; 2. When used with reference to a structure, the average elevation of the finished surface of the ground immediately surrounding such structure; Township of Baldwin Zoning By-law File P-2895 Page 29 3. When used with reference to a street, road or highway, the elevation of the street, road or highway established by a public authority. Existing Means existing as of the date of the passing of this By-law. Exterior Side Lot Line - see Lot Line, Exterior Side Exterior Side Yard - see Yard, Exterior Side Factory Outlet Means a premise accessory to a permitted industrial use where products or goods that are manufactured or produced on site by that industry are kept for wholesale or retail sale on the same lot as the principle industrial use. Fairground Means land, buildings and structures used for entertainment, agricultural and related exhibits, competitive events, food concessions, a carnival or midway which are conducted on a seasonal or temporary basis and may include grandstands, barns and other accessory buildings and structures normally associated with such a use. Farm Means land used for the tillage of soil and the growing of vegetables, fruits, grains, and other staple crops. This definition shall also apply to land used for animal husbandry, dairying or wood lots [see also Agricultural Use]. Figure 3.9: Established Grade Township of Baldwin Zoning By-law File P-2895 Page 30 Farm, Hobby Means land on which a farm may be operated primarily for recreational purposes or for home consumption by the occupants of the dwelling on the same lot, and which is clearly secondary and accessory to the permitted use. A hobby farm may also include a farm produce outlet. Farm Produce Outlet Means an accessory use to a farm which consists of the retail sale of agricultural products produced on the farm where such outlet is located. Farmer's Market Means land, buildings and structures used for the sale of farm products, crafts and other merchandise of a local farming or rural community and designed for individual retailers. Fence Means any barrier constructed of chain link metal, wood, stone, metal, brick or other similar materials or combinations of such materials which is erected for the purpose of screening, safeguarding, retaining or enclosing property or delineating property lines. First Storey Means the storey with its floor closest to but above grade [see Figure 3.21]. Fitness Centre Means a commercial building or part of a building in which facilities are provided for recreational or health related activities including but not limited to weight training and exercise classes and may include associated facilities and services such as a lounge, washrooms, showers, and saunas, a day spa, an administrative office, a cafeteria and an accessory retail outlet for fitness-related attire, equipment and dietary supplements. Township of Baldwin Zoning By-law File P-2895 Page 31 Flea Market Means: 1. A premise where second hand goods, articles and antiques are offered or kept for sale at retail to the general public but shall not include any other retail establishment otherwise defined in this By-law; 2. An occasional or periodic market or sales event held in an open area, which may include a street, or within a building or structure where independent sellers offer goods, new and used, for sale to the public, but not including private garage sales; 3. A premise in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either home grown, homemade, handcrafted, old, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade; 4. A premise where food preserves or fresh produce or prepared foods are sold, but does not include a restaurant. Flood Elevation or Floodline Means a line established by a one in one-hundred-year storm as established by flood plain mapping or by an appropriate public authority. Flooding Hazards Means the inundation of areas adjacent to a shoreline or river or stream system and not ordinarily covered by water along river and stream systems, the flooding hazard is the greater of the flood resulting from the rainfall experienced during a major storm such as the Timmins Storm (1961), transposed over a specific watershed and combined with the local conditions, where evidence suggests that the storm event could have potentially occurred over watersheds in the general area; or the one hundred year flood; or a flood which is the greater of the above which was actually experienced in a particular watershed or portion thereof as a result of ice jams and which has been approved as a standard for that specific area by the Ministry of Natural Resources and Forestry [see Figure 3.10]. Township of Baldwin Zoning By-law File P-2895 Page 32 Flood Plain For river, stream and small inland lake systems, means the area, usually low lands adjoining a watercourse, which has been or may be subject to flooding hazards. Floor Area, Gross Means the total area of all floors contained within a building measured between the exterior faces of the exterior walls of the building and where there are no walls the total area of a floor within the outer perimeter of the floor [see Figure 3.11]. Floor Area, Ground Means the floor area of the lowest storey of a building approximately at or above the established grade excluding any basement or cellar, which area is measured between the exterior faces of the exterior walls at the floor level of such storey, but excludes car parking areas within the building; and for the purposes of this paragraph the walls of an inner court are and shall be deemed to be exterior walls. Floor Area, Net Means the total floor area of usable or habitable space above or below grade, measured from the exterior face of the exterior walls of the building or structure but shall not include: 1. Any private garage, porch, veranda, unfinished basement, cellar or attic; or 2. Any part of a building or structure below grade which is used for building services, storage or laundry facilities; or 3. Any part of the building or structure used for the storage or parking of motor vehicles; or Figure 3.10: Flooding Hazard Township of Baldwin Zoning By-law File P-2895 Page 33 4. Any part of a commercial shopping area used as a hall way, corridor passageway, utility room, elevator shafts, service/mechanical rooms, garbage/recycling rooms, public washroom, staff locker and lunch rooms, loading areas, balcony or mezzanine not otherwise used for the display or sale are for merchandise. Forestry Use Means the general raising, management and harvesting of wood and shall include the raising and cutting of fuel wood, pulpwood, saw logs, Christmas trees, other forestry products and silva culture practices. Front Lot Line - see Lot Line, Front Front Yard - see Yard, Front Frontage - see Lot Frontage Funeral Home Means a building or part thereof used for the purpose of furnishing funeral services to the public, but shall not include a crematorium. Garage - Detached Private Means a fully enclosed accessory building which is designed or used for parking or storage in which there are no facilities for repairing or servicing of a motor vehicle for remuneration or commercial use. Figure 3.11: Floor Area Township of Baldwin Zoning By-law File P-2895 Page 34 Garden Centre - see Commercial Greenhouse, Garden Centre or Nursery Garden Suite Means a one-unit detached residential building containing sanitary and kitchen facilities that is accessory to an existing permanent residential building and that is designed to be portable, but shall not include a mobile home, or a recreational vehicle. Gas Bar Means one or more pump islands, each consisting of one or more gasoline pumps, and a building, structure or booth which may be used by a sales attendant for the sale of gasoline products and convenience items including but not limited to beverages, prepared foods, newspapers, lottery tickets, sundries and may include other accessory features such as a comfort station and ATM. [see also Automotive Service Station] Gazebo Means a freestanding, roofed accessory structure which is not enclosed, except for transparent screening (e.g. glass, netting) and which is utilized for the purposes of relaxation in conjunction with a principle use but shall not include any other use or activity otherwise defined or classified herein [see Figure 3.12]. Geothermal Power Facility Means a heating facility such as a heat pump whose energy source is naturally created from the earth's crust. Golf Course Means a public or private area operated for the principle use of playing the sport of golf but may also include a driving range and such accessory buildings and structures as are necessary for the operation and maintenance of the golf course including Figure 3.12: Gazebo Township of Baldwin Zoning By-law File P-2895 Page 35 club house facilities, a restaurant, banquet, conference and other uses of a social, recreational and entertainment nature normally associated with golf course development. Green Roof Means a roof of a building where part of or the entire surface of the roof is intentionally covered with vegetative material. Greenhouse Means a building used for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse. Granny Flat - see Garden Suite Green Energy Industries Means a building or structure in which products are manufactured for the generation of electricity from non-polluting or renewable source (i.e. wind, sun, geothermal, biomass). Products manufactured by a renewable energy industry may include but are not limited to solar panels, wind turbines, geothermal equipment, and parts or components thereof. Group Home Means a single housekeeping unit in a residential dwelling, which is registered with the Corporation, in which three (3) to ten (10) persons (excluding supervisory or operating staff) live together under responsible supervision consistent with the requirements of its residents for a group living arrangement and which is licensed and/or approved under Provincial Statutes and in compliance with municipal By-laws [see also Crisis Care Facility]. Guest Cabin Means an accessory building, located on the same lot as the main building, which is used for sleeping accommodation but does not contain any cooking facilities and may contain sanitary facilities. Township of Baldwin Zoning By-law File P-2895 Page 36 Guest Room Means a bedroom or suite of rooms, which contains no facilities for cooking and which is used or maintained for gain or hire by providing accommodation. Guest House Means a private single detached dwelling in which the dwelling or part thereof is rented for gain or hire as living quarters. Habitable Room Means any floor space within a building or structure designed and intended to be used for living, sleeping, cooking or eating purposes as defined under the Building Code Act, S.O. 1992, Chapter 23, as amended. Hazardous Lands Means property or lands that could be unsafe for development due to naturally occurring process including lands in a flood plain or subject to a flooding hazard or erosion hazard and shall include unstable soils and unstable bedrock. Hazardous Substances Means substances which individually, or in combination with other substances are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide variety of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological. Height Means the vertical distance between the established grade and: 1. In the case of a flat roof, the highest point of the roof surface or parapet wall, whichever is the highest [see Figure 3.13], or 2. In the case of all other types of roofs, the mean height level between the base of the roof and highest point of the roof [see Figure 3.14]. Township of Baldwin Zoning By-law File P-2895 Page 37 Where the height is designated in terms of storeys, it shall mean the designated number of storeys above and including the first storey. Figure 3.13: Building Height with Flat Roof Figure 3.14: Building Height - All Other Roofs Township of Baldwin Zoning By-law File P-2895 Page 38 Heliport Means a landing area or pad used for the landing and take-off of helicopters and may include incidental emergency service facilities, fueling facilities and passenger and cargo areas. High Water Mark Means the mark made by the action of water under natural conditions on the shore or bank of a water body, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark. Features shall also include a naturel line or mark impressed on the bank or shore or rock, or other distinctive physical characteristics. Highway Means a street under the jurisdiction of the Provincial government. Hobby Farm - see Farm, Hobby Home for the Aged - see Continuum-of-Care Facility Home Based Business Means a privately operated legal occupation, enterprise or business which is carried out as an accessory use to a dwelling unit for pursuits conducted by the occupant thereof and any employees and is compatible with a domestic household. Home Industry Means any privately operated legal occupation, enterprise or business which is carried out as an accessory use to the main agricultural or rural residential use of a property and only by the occupant thereof and any employees and is compatible with a domestic household. Hotel Means a building designed or used for the accommodation of the travelling or vacationing public, with or without accessory uses such as a restaurant, meeting rooms, swimming pool, facilities for the temporary exhibition and sale of goods on an Township of Baldwin Zoning By-law File P-2895 Page 39 intermittent basis, premise licensed under the Liquor License Act and includes any establishment containing guest rooms which is defined as a "Hotel" in the Hotel Registration of Guests Act, R.S.O.1990, H.17and shall also include a motel and hostel, but shall not include any residential use or boarding house use. Individual On-site Sewage System Means systems under the Building Code Act, 1992 that are owned, operated and managed by the owner of the property upon which the system is located. Individual On-site Water System Means individual autonomous water supply systems that are owned, operated and managed by the owner of the property upon which the system is located. Industrial Use Means the use of land, building or structures for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or storage or adapting for sale of any goods, substances, 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. This definition does not include a mine, pit or quarry or obnoxious industry. Accessory uses may include transportation, wholesaling, storage, shipping and receiving incidental to the industrial use. 1. Class I Industry - Light Industrial Means a place of business for a small scale, self-contained plant or building which produces, manufactures, assembles or stores a product which is contained in a package and has a low probability of fugitive emissions e.g. noise, odour, dust and vibration. Such industries operate in the daytime only with infrequent movement of products and /or heavy trucks and no outside storage. 'Light Industrial Uses' or 'Class I Industry' is a classification and other uses defined in this By-law may be classified as such. Township of Baldwin Zoning By-law File P-2895 Page 40 2. Class II Industry - Medium Industrial Means a place of business for medium scale process and manufacturing with outdoor storage of wastes or materials (e.g. it has an open process) and where there are periodic or occasional outputs of fugitive emissions e.g. noise, odour, dust and/or vibration. Shift operations occur and there is frequent movement of products and /or heavy trucks during daytime hours. 'Medium Industrial Uses' or 'Class II Industry' is a classification and other uses defined in this By-law may be classified as such. 3. Class III - Heavy Industrial Uses Means a place of business for uses characterized as having emissions such as noise, smoke, odour, fumes or vibrations or extensive outside storage as part of their normal operations. Such uses include sawmills, pulp and paper mills, refineries, smelting operations and similar uses which are intended to be secluded from residential or other sensitive land uses in order to limit any potential adverse effects on the environment or the surrounding areas and public health. 'Heavy Industrial Uses' or 'Class III Industry' is a classification and other uses defined in this By-law may be classified as such. Institutional Use Means any land, building, structure or part thereof used to provide non-profit or non-commercial purposes for governmental, educational, charitable, fraternal or other public services. Junk Yard - see Wrecking Yard Kennel Means a commercially operated building or structure where dogs, cats or other small animals are kept, trained, bred or boarded, but does not include an animal shelter. [See also Animal Shelter] Landfill Site - see Waste Management Facility Lane Means a public thoroughfare other than a street or pedestrian way, improved or not, which has a right-of-way width of 10 m or less and which provides a secondary means of for vehicular traffic to abutting lots and which is not intended for general traffic circulation. Township of Baldwin Zoning By-law File P-2895 Page 41 Laundromat Means self-serving clothes washing establishment containing one or more washers and drying, ironing, finishing or other incidental equipment, and may include a laundry receiving depot. Licensed Cannabis Production Facility Means the use of land, buildings or structures for the cultivation, processing, testing, destructions, packaging and shipping of marijuana used for medical purposes as approved and regulated by Health Canada. Livestock Means animals associated with an agricultural use such as but not limited to cattle, horses, goats, poultry, sheep, swine or the young thereof, raised for personal use or for commercial purposes. Livestock Facility Means one or more barns or permanent structures with livestock-occupied portions, intended for the keeping or housing of livestock and includes all manure or material storages. (Minimum Distance Separation Formulae Implementation Guidelines) Livestock Sales Outlet Means a building or structure where livestock are bought and sold. Loading/Delivery Space Means an unobstructed area of land which is used for the temporary parking of one or more commercial motor vehicles while merchandise or materials are being loaded or unloaded from such vehicle. Logging Operation Means an area of land and/or building of a logging contractor where equipment and materials are stored and may include repairs to logging equipment. Township of Baldwin Zoning By-law File P-2895 Page 42 Loft-Above-a-Garage Means the portion of a private garage either attached or detached located above the vehicle storage area which is used for sleeping accommodation and may include sanitary facilities but not cooking facilities. Lot Means a parcel of land which is capable of being legally conveyed in accordance with the Planning Act. Lot Area Means the total horizontal area measured within the limits of the lot lines of the lot excluding the horizontal area of any flood plain or wetland area located on such lot. [See Figure 3.1] Lot, Corner Means a lot situated at an intersection of two or more streets, or at the intersection of two parts of the same street which have an interior angle or intersection of not more than one hundred and thirty-five (135) degrees. Where such street lines are curved, the angle of intersection of the street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the side lot lines. In the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents, and any portion of a corner lot distant not more than 30 m (98.4 ft.) from the corner measured along the street line shall be deemed to be an interior lot [see Figure 3.15]. Figure 3.15: Lot Definitions Township of Baldwin Zoning By-law File P-2895 Page 43 Lot Coverage Means that percentage of land or lot area covered by buildings and structures above ground level and which excludes that portion of such land or lot area which is occupied by a building or portion thereof which is completely below ground level, and shall exclude a fence, patio, landings, steps, ramps, retaining wall, root cellar, a sewage disposal system and an in-ground swimming pool or hot-tub [see Figure 3.16]. Lot Depth Means the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, "lot depth" shall mean the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. If there is no rear lot line, "lot depth" shall mean the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines [see Figure 3.17]. Lot Frontage Means the horizontal distance between the side lot lines. Where such side lot lines are not parallel, it shall be the width of a lot measured between the intersections of the side lot lines with a line equal to the front yard setback back from and parallel or concentric to the front lot line. Arc distances shall apply on curved lines [see Figure 3.17]. Lot, Interior Means a lot other than a corner lot or a through lot which has frontage on a street [see Figure 3.15]. Figure 3.16: Lot Coverage Township of Baldwin Zoning By-law File P-2895 Page 44 Lot Line Means a boundary line of a lot or the vertical projection thereof. In the case of a lot line that has a bend or a series of bends, if the sum of the interior angles or angles of such bends is 130 degrees or greater, then they shall be deemed to be the same lot line. Lot Line - Exterior Side Means a lot line located between the front lot line and rear lot line and dividing the lot from a street [see Figure 3.15]. Lot Line, Front Means: 1. In the case of an interior lot, the line dividing the lot from the street, street allowance or private road; 2. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line; 3. In the case of a corner lot with two street lines of equal length, the lot line that abuts the wider street, or abuts a highway shall be deemed to be in the front line, and in the case of both streets being under the same jurisdiction and of the same width, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line; 4. In the case of a lot with water access or frontage on a water body, or an island, the front lot line shall be on the shoreline. In the case of a through waterfront lot the longest shoreline shall be deemed to be the front lot line; [see Figure 3.18]. 5. in the case of a private road, the lot line adjacent to the entrance shall be deemed to be the front lot line; 6. In all other cases not described above, the front lot line shall be deemed to be where the principal access or entrance to the lot is approved. Figure 3.17: Lot Depth and Lot Frontage Township of Baldwin Zoning By-law File P-2895 Page 45 Lot Line, Rear Means the lot line furthest from, and opposite to, the front lot line [see Figure 3.15]. In the case of a lot with no rear lot line, the point where the two side lot lines intersect shall be the rear lot line. Lot Line, Side Interior Means a lot line other than a front lot line, rear lot line or exterior side lot line. On a lot with more than four sides, any lot line not otherwise defined as a front, rear or side lot line shall be considered as an interior side lot line [see Figure 3.15]. Lot, Through Means a lot having a frontage on two parallel or approximately parallel streets and where such lot qualifies as being both a corner lot and a through lot, such lot shall be considered as a corner lot [see Figure 3.15]. Lot, Width Means the average horizontal dimension between the two longest opposite sides measured on a line 6 m [19.6 ft.] back from the front lot line and parallel to it. Lot Width, Corner Lot Means the horizontal distance between the longest front lot line and the opposite side lot line, measured along a line 6 m [19.6 ft.] back from and parallel to the shorter front lot line, except in the case: 1. Where the front lot lines are curved, in which case, the lot width shall be calculated on the basis that the street lot lines are deemed to be the tangents produced to their points of intersection, from the points of intersection of the side lot lines and curved street lot line; or 2. Where a corner lot indicates that a sight triangle has been removed or has a rounded corner, in which case, the lot width shall be calculated on the basis that the front lot lines shall be deemed to comprise the street lines produced to their point of intersection. Township of Baldwin Zoning By-law File P-2895 Page 46 Figure 3.18: Waterfront Lots Township of Baldwin Zoning By-law File P-2895 Page 47 Marina Means a commercial use, building and/or structure with or without docking facilities where boats are moored, berthed, constructed, stored, serviced, repaired or kept for sale or rent, and where accessory uses shall include the sale of boat accessories, marine fuels and supplies and pump-out facilities. Marine Facility Means a non-commercial building or structure which is used to moor, berth, or store a boat. This definition may include a boat launching ramp, a boat lift, marine railway, a float hangar, dock or boathouse, but does not include any building used for human habitation or a marina. A marine facility shall also include a water intake facility and any flood or erosion control structure. No part of a marine facility may be used as a dwelling unit. Medical Clinic - see Clinic Medical Marijuana Facility Means a premise approved and regulated under the Canada Food and Drugs Act and associated Food and Drug Regulations. Microbrewery Means a commercial operation where beer is produced at a small scale. A microbrewery may be permitted to sell the product that is produced on-site provided that there is no consumption of the purchased product on-site other than sampling. A bar, pub or brewpub shall not be considered a microbrewery. A microbrewery may also sell retail items directly related to the operation on-site. Micro-cultivation Means the small scale growing of cannabis plants and harvesting material from those plants, as well as associated activities. Township of Baldwin Zoning By-law File P-2895 Page 48 Mine Means a mine as defined in the Mining Act. Mining shall have a similar meaning. Mine Hazard Means any feature on a mine as defined under the Mining Act or any related disturbance of the ground that has not been rehabilitated. Mineral Aggregate Operation Means: 1. Lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act, or successors thereto, or a pits and quarries control By-law enacted under the Municipal Act; and 2. Associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products. Mineral Mining Operation Means a mining operation and associated facilities, or, a past producing mine with remaining mineral development potential that has not been permanently rehabilitated to another use. Minimum Distance Separation Formulae I and II Means formulae developed by the Province to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. Mobile Home - see Dwelling - Mobile Home Mobile Home Park Means land which has been provided and designed for the location thereon of two (2) or more occupied mobile homes. Township of Baldwin Zoning By-law File P-2895 Page 49 Mobile Home Site Means an area, similar to a lot, located in a mobile home park, intended to be or occupied by a mobile home or a permitted accessory use. Mobile Home Yard Means a line similar to a front yard, rear yard, interior side yard or exterior side yard as applied to a mobile home lot or site. Motel Means an establishment designed or used throughout all or part of a year that caters to the accommodation of the traveling or vacationing public, containing one or more guest rooms, including all such establishments as defined from time to time by the Hotel Registration of Guests Act, R.S.O. 1990, c. H.17, as amended. A motel may include accessory uses such as a restaurant, meeting rooms, swimming pool, facilities for the temporary exhibition and sale of goods on an intermittent basis, and premises licensed under the Liquor License Act. Motocross Circuit Means an off-road racing facility conducted on an outdoor enclosed dirt circuit over primarily natural, outdoor terrain and may include spectator facilities such as grandstands or concourses and fast food concessions. Motor Home - see Recreational Vehicle Motor Vehicle or Vehicle Means an automobile, commercial vehicle, truck, recreational vehicle, transport tractor, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a snowmobile or a street car. Municipality Means the Township of Baldwin. Township of Baldwin Zoning By-law File P-2895 Page 50 Natural Heritage Features and Areas Means features and areas, including significant wetlands, significant coastal wetlands, other coastal wetlands in Ecoregions 5E, 6E and 7E, fish habitat, significant woodlands and significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Mary's River), habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. Nature Trail Means an area used for walking, hiking, cross-country skiing, nature appreciation and similar non-motorized recreational travel. Non-Complying Means any existing building, structure or lot which does not comply with one or more of the zone regulations and standards of this By-law. Non-Conforming Means any existing use, building, structure or lot which is does not conform to the permitted use provisions of any Zone in this By-law. Non-Residential Use Means a use, building or structure that does not contain a dwelling unit. Non-residential Zone Means a C1, C2, C3, I, M1, M2, M3, MX, MIN, OS, or EP zone. Nursing or Convalescent Home - see Continuum-of-Care Facility Nursery - see Commercial Greenhouse, Nursery or Garden Centre Township of Baldwin Zoning By-law File P-2895 Page 51 Office Means a building, structure or part thereof used for conducting the affairs of businesses, professions, services, industries, governments, or like activities. Open Space Means the open, unobstructed space on a lot from the ground to the sky including landscaped areas, pedestrian walkways, patios, swimming pools or similar areas but not including any driveway, ramp, parking spaces or aisles, loading spaces or manoeuvring areas and similar areas. Open Storage Means the storage of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof. This definition shall not include a storage use located in a building, a salvage yard, a parking area, a loading space or a parking space or an area used for outdoor display. Order Station Means an ordering box, service window, display board or any other device, including communication equipment, used by the public and operator to facilitate sales and/or services in a drive-through facility. Outdoor Display Means an area set aside outside of a building or structure, other than a parking area, loading space or parking space which is used in conjunction with a business located within the building or structure on the same property, for the display of goods, merchandise, equipment and seasonal produce and products and may include garden supplies and Christmas trees, new merchandise or the supply of services. Owner Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or interest in land, a trustee in whom the land is vested, a committee of the estate of a mentally incompetent person, an executor, an administrator or a guardian. Township of Baldwin Zoning By-law File P-2895 Page 52 Park Means an area of land, whether enclosed or not, which is used for recreational or leisure uses and may include therein a beach, playground, play field, athletic field, field house, community centre, bleachers, skateboard facility, swimming pool, wading pool, splash pad, greenhouse, botanical gardens, zoological gardens, bandstand, skating rink, tennis courts, bowling green, boat livery, bathing station, curling rink, refreshment concession, campground, fair ground, and conservation area, and associated accessory uses. Parking Area Means an open area of land, accessory to a permitted use, not located on a public street, private road or lane which is used for the parking of motor vehicles, but shall not include any area where motor vehicles for sale or repair are kept or stored. Parking Lot, Commercial - see Commercial Parking Lot Parking Space Means an area used for the temporary parking of one motor vehicle or one horse and buggy. Parking Space, Barrier Free Means a parking space for the temporary parking of a motor vehicle used by a handicapped or disabled person (see photo). Patio Means a surfaced, open space of land at grade adjacent to a residential use which is used as an extension to the interior of the home for private entertainment or leisure activities and is uncovered. In a commercial setting, means an outdoor eating area accessory to a restaurant where, on a seasonal basis, food and/or refreshments prepared on the premises are consumed. Township of Baldwin Zoning By-law File P-2895 Page 53 Permitted Means permitted by this By-law. Permitted Use Means a use which is permitted in the zone where such use is located. Person Means an individual, an association, a chartered organization, a firm, a partnership, a corporation, an agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. Personal Service Establishment Means a building wherein a personal service is performed including but not limited to a barber shop, beauty salon, esthetician, the premise of an optician, shoe repair, photographic store, laundromat or a dry-cleaning distribution station but excludes a manufacturing or fabrication of goods for sale. Pet Grooming Establishment Means a premise wherein cleaning, clipping and grooming services are provided for domestic pets, but shall not include an animal shelter or kennel. Pit Means land or land under water from which aggregate as defined herein is being or has been excavated in order to supply material for construction, manufacturing or industrial purposes, but shall not include rehabilitated land or an excavation incidental to the erection of a building or a structure for which a building permit has been granted by the Corporation, or an excavation incidental to the construction of any public works. Place of Amusement Means a commercial premise wherein amusement facilities are provided such as a video arcade, arcade, billiard or pool room but does not include an adult entertainment parlour or bingo hall. Township of Baldwin Zoning By-law File P-2895 Page 54 Place of Assembly Means a building specifically set aside for and primarily engaged in the operation of arts and craft shows, trade fairs, fashion shows, public meetings, banquets, conference meetings, civic, political, social or religious activities, a private club or a fraternal organization and similar activities. Place of Worship Means a building or an open area primarily dedicated to religious worship but may be used for other supportive uses such as a centre for the arts, a community hall, an accessory residential use, a library and similar uses. Playground Means a park or part thereof which is equipped with active recreational facilities oriented to children [see also Park]. Porch or Veranda Means a covered entrance to a building usually with a separate roof and unenclosed and used as an outdoor living space that is accessed by stairs from grade and which provides access to the first storey of a dwelling unit. Portable Asphalt Plant Means a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process and which is not of permanent construction, but which is to be dismantled at the completion of the construction process. Portable Concrete Plant Means a building or a structure with equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process and which is not of permanent construction, but which is to be dismantled at the completion of the construction process. Township of Baldwin Zoning By-law File P-2895 Page 55 Premises Means the area of a building and lot occupied or used by a business or enterprise. In a multiple tenancy building occupied by more than one business, each business area shall be considered separate premise. Principle Use Means the primary purpose for which a lot, building or structure is used or intended to be used. Printing and Processing Service Shop Means a building or part of a building used by one or more persons who are employed in the management, direction or conducting of an activity, specifically undertaken to aid an industrial or commercial office use including photocopying, mail processing, receiving, distribution, document finishing, laminating, faxing, publishing and packaging. Private Club - see Club, Private Private Garage - see Garage, Private Private Road Means a private right-of-way over private property which affords access to two or more abutting lots or a road created through the registration of a plan of condominium, but does not include a street established or maintained by a public authority. Professional Office - see Office Public Authority Means the Township of Baldwin and any Boards or Commissions thereof, and any Ministry or Department of the Governments of Ontario or Canada, or other similarly recognized public agency Public Service Use Means any use of land, buildings or structures by or on behalf of a public authority, but does not include a public utility. Township of Baldwin Zoning By-law File P-2895 Page 56 Public Street - see Street Public Utility Means a premise used for public utility services by the Township of Baldwin, any Boards or Commissions thereof, any Ministry or Commission of the Governments on Ontario or Canada, and shall include utilities that provide electricity, gas, steam, water, telephone, internet or telecommunication services, cable television, transportation, drainage or sewage or refuse collection and disposal services, including a communications facility. Quarry Means any open excavation made for the removal of any consolidated rock or mineral including limestone, sandstone or shale, in order to supply material for construction, industrial or manufacturing purposes, but shall not include 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. Railroad Use Means a building, structure or use normally associated with a railroad operation subject to the Railway Safety Act, R.S.C. 1985, c.32 (4th Suppl.), as amended. Reconstruction Means to re-build, erect, place, reconstruct, relocate, repair or assemble a previously existing building or structure to a habitable condition which may include complete replacement, and may also include: 1. Any preliminary operation such as excavating, filling or draining; or 2. Altering any existing building or structure by an addition, enlargement, extension or other structural change; or 3. Any work which requires a building permit. 'Reconstructed' and 'reconstruction' shall have corresponding meanings. For the purpose of this definition, reconstruction/renovation/restoration may include the complete replacement of a building or structure. Township of Baldwin Zoning By-law File P-2895 Page 57 Recreational Commercial Establishment Means an establishment, building or structures where any recreational, social or cultural uses are operated commercially for profit on lands in private ownership, or under lease, such as health clubs, open or enclosed skating or curling rinks, open or enclosed pools, open or enclosed badminton or tennis courts, squash courts, bowling alleys, gymnasia, band shell or open theatre, and other similar uses except as otherwise specifically defined in this By-law. [See also Bingo Hall] Recreational Equipment Means a portable structure, vessel or vehicle that is designed and built to be carried by a motor vehicle, or a unit designed and built to be transported or operated under its own power or propelled power, for the purposes of providing recreation enjoyment or travel, and may include boats, boat or vehicle trailers, personal water craft, snowmobiles, all-terrain vehicles (ATVs) or other equipment used for recreational purposes and which are normally stored or parked on a lot. Recreational Vehicle Means any vehicle so constructed that is suitable for being attached to a motor vehicle for the purpose of being drawn or is propelled by the motor vehicle and is capable of being used for living, sleeping, eating or accommodation of persons on a temporary, transient or short term basis, even if the vehicle is jacked up or its running gear is removed. Examples include a motor home, tent trailer, a camper trailer, a recreational trailer, a fifth wheel or a bus converted into a motor home. For the purposes of this definition, a recreational vehicle shall be considered a structure for the purposes of establishing setbacks only. A recreational vehicle shall not be deemed to include a mobile home. The definition of a recreational vehicle shall not be interpreted to include recreational equipment (see photos). Township of Baldwin Zoning By-law File P-2895 Page 58 Recreational Vehicle Campground - see Campground Recreational Vehicle Sales and Storage Means a building and/or lot which are used for the display, storage and/or sale of boats, and recreational vehicles or recreational equipment. Recreational Vehicle Repair Garage Means a building used for the repair, servicing, painting, refinishing, restoration or alteration of recreational vehicles and boats for gain or profit, but does not include a salvage yard. Recycling Depot or Transfer Station Means a special waste management facility which only serves as a temporary storage site for clean materials such as glass, paper, cardboard, plastic, white goods, metal, electronics and other similar products which will be transferred to another location for reuse. This definition does not include any other type of waste management system [See also Waste Management Facility]. Redevelopment - see Development Refreshment Pavilion (Chip Wagon) Means a premise that is designed intended or used for the sale of food or refreshments to the general public and from which food or refreshment is made available to the customer within a building for consumption outside of the building. Renewable Energy System Means a system that generates electricity, heat and/or cooling from a renewable energy source. Renovate - see Reconstruction Residential Care Facility - see Continuum-of-Care Facility Township of Baldwin Zoning By-law File P-2895 Page 59 Residential Density Means the number of dwelling units per hectare of lot area. Residential Use Means the use of land, buildings or structures for human habitation or as a dwelling. Residential Zone Means an R1, R2, R3, or R4 zone. Restaurant Means a premise, including a drive-through service facility, in which the principal business is the preparation and serving of food and refreshments to the public for consumption at tables within or outside the building and which may include the preparation of food in a ready-to-consume state for consumption off the premises. Retail Outlet Means a single retail store which is accessory to a permitted commercial use. Retail Store Means a building wherein goods, wares, merchandise, groceries, substances or articles are offered for sale to the general public, and may include the limited storage of goods, wares, merchandise, substances or articles, and shall not include any other use defined herein. Retirement Home - see Continuum-of-Care Facility Riding School - see Equestrian Establishment Right-of-way - see Easement Road - see Street Township of Baldwin Zoning By-law File P-2895 Page 60 Room, Non-Habitable Means any room located within a dwelling that is not a habitable room, including but so as not to limit the foregoing, a laundry room, a pantry, a lobby, a stairway, a closet, a porch, a recreation room, 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. Rooming Unit Means a room or rooms rented as sleeping and living quarters, without cooking facilities and may include an individual bathroom. Row House - see Dwelling, Row or Townhouse Rural Zone Means an M3, MIN, MX, or R zone. Salvage Yard Means a lot and/or building or portion thereof where used goods, wares, merchandise, articles, motor vehicles, machinery or parts thereof are processed or sold for further use, dismantled or abandoned. This definition may include a junk yard, a wrecking yard, a scrap metal yard, and an automobile wrecking yard on the premises. Satellite Dish/Receiver Means a structure designed, used or intended to be used to send or receive signals to or from a satellite. Sauna Means an accessory building or structure wherein facilities are provided for the purpose of a sauna bath, either wet or dry, and may include a change/relaxation room, storage areas and a washroom but not kitchen or sleeping facilities. Township of Baldwin Zoning By-law File P-2895 Page 61 Sawmill or Planing Mill Means a building, structure or area where timber is cut or sawed, either to finished lumber or as an intermediary step. Sawmill, Portable Means equipment which is portable (e.g. may be drawn by a motor vehicle) and is used on a temporary basis for the cutting of saw logs. School Means a Provincially-approved institution for academic instruction and shall include a public, private or separate school, a vocational school, or a post-secondary school such as a college or university. Seating Capacity Means the number of persons which can be accommodated in a building or structure or part thereof in a seated position on chairs, benches, forms or pews. Self-Storage Facility Means a commercial building or part of a building wherein items are stored in separate, secured storage areas or lockers and may include the exterior storage recreational equipment and recreational vehicles. Semi-Detached Dwelling - see Dwelling, Semi-Detached Sensitive Land Use Means buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built environment. Examples of sensitive land uses may include, but are not limited to: residences, day care centers, and educational and health facilities. Township of Baldwin Zoning By-law File P-2895 Page 62 Separation Distance Means the horizontal distance between buildings or structures or physical features measured from the closest point of the exterior wall or identifiable boundary of such building or structure, or of such physical structure. Septage Means untreated sanitary waste from a septic tank, privy or holding tank. Service Outlet or Shop Means a shop for selling, servicing, repairing, installing or renting items and equipment, including but without limiting the generality of the foregoing: radio or television shop, locksmith shop, small appliance shop, household and carpenter tool shop, shoe repair, a copy shop but shall not include a small engine shop or automotive repairs and automotive services. Setback Means: 1. With reference to a street, the least horizontal distance between the front lot line and the nearest building line. 2. With reference to a water body, the least horizontal distance between the high water mark and the nearest building line. 3. With reference to a building, structure or land use and not applicable under paragraph (1) or (2), shall mean the least horizontal distance from the building, structure or land use in question; and 4. With reference to a private road, shall mean the least horizontal distance between the edge of the travelled portion of the road or surveyed boundary of any building or structure, or the limit of the road as shown and measured on a survey. Sewage Works Means any works for the treatment and disposal of sewage in a waste water stabilization pond and includes hauled sewage. Township of Baldwin Zoning By-law File P-2895 Page 63 Shipping Container - see Storage Container Shooting Range or Rifle Club Means a premise for commercial or private recreational target practice, skeet shooting, pistol shooting, rim fire and centre fire, a sporting clay range rifle shooting, archery, gun or hunter safety instruction and may include accessory facilities Shoreline Means a lot line or portion thereof which abuts or parallels the high water mark of a water body. [See also High Water Mark.] Shoreline Buffer Zone Means a natural area, adjacent to a shoreline, maintained or re-established in its natural pre-development state, with the exception of minimal pruning of vegetation, the removal of trees for safety reasons, for the purpose of protecting natural habitat and water quality and minimizing the visual impact of buildings or structures on a lot, and may include the installation of a pathway or trail providing water access. Sight Triangle Means a triangular space, free of buildings, structures and obstructions, including vegetation, formed by the street lines abutting a corner lot and a third line drawn from a point on a street line to another point on a street line, each such point being the required sight distance from the point of intersection of the street lines [See Figure 3.19]. Sign Means any writing, letter work or numeral, any pictorial representation, illustration, drawing, image or decoration, any emblem, logo, symbol or trademark or any device with similar characteristics which: 1. Is a structure, or part of a structure, or which is attached thereto or mounted thereon; and 2. Which is used to advertise, inform, announce, claim, give publicity or attract attention. Figure 3.19: Sight Triangle Township of Baldwin Zoning By-law File P-2895 Page 64 Sleep Cabin - see Guest Cabin Solar Collector Means a Class 1 or 2 ground mounted or rooftop mounted or wall mounted device under the Green Energy and Green Economy Act, 2009 with a name plate capacity of less than or equal to 10 kW consisting of photovoltaic panels that collect solar power from the sun (see photo). Solar Collector, Commercial Means a Class 3 ground mounted device under the Green Energy and Green Economy Act, 2009 with a name plate capacity of less than or equal to 10 kW consisting of photovoltaic panels that collect solar power from the sun (see photo). Solarium Means a glassed-in structure or room projecting from an exterior or main wall of a building which may be used for sunning, therapeutic exposure to sunlight, or for a use where the intent is to optimize exposure to sunlight. Stacking Lane Means an on-site lane for motorized vehicles which accommodates vehicles using a drive-through facility that is separated from other vehicular traffic and pedestrian circulation. Stacking lanes may be separated by any combination of barriers, markings or signage. Stacking Space Means a portion of a stacking lane which provides standing room for motor vehicles in a queue for a drive-through facility while the occupants are awaiting service [see Figure 3.20]. Township of Baldwin Zoning By-law File P-2895 Page 65 Storage Container Means a pre-fabricated metal or steel accessory building used for the transport and and/or storage of storage of goods and materials but shall not include the body of a transport trailer, straight truck box or motor vehicle [see photos]. Figure 3.20: Stacking LanesFigure 3.1: Accessory Building and Main Building Township of Baldwin Zoning By-law File P-2895 Page 66 Storey Means that portion of a building other than a cellar or basement included between the surface of any floor and the surface of the floor, roof deck, ceiling or roof immediately above it. [See Figure 3.21] Street Means an improved public thoroughfare, lane, road or highway affording principal means of access or entrance to abutting properties, and which has been assumed and is maintained year round by a public authority. Street Line Means the limit of the road or street allowance and is the dividing line between a lot and a street or a private road. Structure Means anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground and, without limiting the generality of the foregoing, includes a recreational vehicle, a sign, a swimming pool, a deck, and an individual on-site sewage service (i.e. septic tank). Studio Means a building or part thereof used: 1. As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or artisan or any similar artist or craftsman, where unique articles are made or fabricated and offered for sale; 2. For the instruction of art, music, languages or similar disciplines. Figure 3.21: Storey Township of Baldwin Zoning By-law File P-2895 Page 67 Swimming Pool Means an open or covered pool designed to be used for swimming, wading, diving or recreational bathing which is at least 50 cm [19.6 inches] in depth and may include a hot tub, inflatable pool or whirlpool but shall not include a natural dug or dammed pond intended for aesthetic or agricultural purposes. Tavern Means a "tavern" as defined by the Liquor License Act. Temporary Building Means a building or structure intended for removal or demolition within a prescribed time as set out in a building permit. Temporary Car Shelter Means a prefabricated temporary structure usually constructed with a metal, wood or plastic frame and covered with a tarpaulin or other similar type of fabric or plastic cover used primarily for the storage of a motor vehicle or other equipment and is designed to be dismantled or removed [see Figure 3.22]. Top of Bank Means the first significant lake ward break in a ravine slope where the break occurs such that the grade beyond the break is flatter than 3:1 measured perpendicularly from the break. Tourist Establishment Means land buildings or structures used for the purpose of sleeping accommodation on a temporary basis by tourists or vacationers, including a motel, lodge or bed and breakfast establishment, and rental cottage or cabin where more than 3 such rental units occupy the same property, including accessory uses such as dining, meeting and beverage rooms and similar uses. Figure 3.22: Temporary Car Shelter Township of Baldwin Zoning By-law File P-2895 Page 68 Tourist Outfitters Establishment Means land, buildings or structures operated throughout all or part of a year which may or may not furnish overnight accommodation and facilities for serving meals and furnishes equipment, supplies or services to persons in connection with angling, hunting, camping or other similar recreational purposes. Townhouse - see Dwelling - Row of Townhouse Trailer, Travel Trailer or Recreational vehicle - see Recreational Vehicle Trailer Park - see Campground Transfer Station (See Recycling Depot) Triplex - see Dwelling, Triplex Transportation Depot or Truck Terminal Means land buildings or structures where commercial vehicles are kept for hire, rental and/or leased, or stored and/or parked for remuneration and/or from which such vehicles are dispatched for hire as common carriers and where such land, structure or building may be used for the storage and/or distribution of goods, wares, and merchandise. Use or Used Means the purpose for which a lot or a building or a structure is designed, arranged, occupied or maintained. Use, Accessory - see Accessory Use Vehicle - see Motor Vehicle Veterinary Establishment - see Animal Shelter Video Rental Outlet Means a building or part of a building wherein the primary use is the rental of video tapes and may include the rental of video cassette recorders video cameras, video games, DVDs and similar electronic devices. Township of Baldwin Zoning By-law File P-2895 Page 69 Warehouse Means a building or structure or portion thereof used or intended to be used for the bulk storage and distribution of goods, merchandise, or materials but shall not include a transportation depot. Waste Management Facility Means land or a site which is licensed or approved by the Ministry of the Environment and Climate Change and/or its agents where ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse compost, excluding radioactive or toxic chemical wastes is disposed of or dumped. This definition shall include waste transfer stations and recycling depots [see also Recycling Depot]. Water Access Lot Means a lot that is accessed by a navigable water body only. Water Body Means any bay, lake, river, natural watercourse or canal but excluding a drainage or irrigation channel. Wayside Pit Means land from which unconsolidated aggregate is removed by means of open excavation on a temporary basis for use by a road authority solely for the purpose of a particular project or contract of road construction and not located on the road right- of-way. Wayside Quarry Means land from which consolidated aggregate is removed by means of open excavation on a temporary basis for use by a public authority solely for the purpose of a particular project or contract of road construction and not located on the road right- of-way. Township of Baldwin Zoning By-law File P-2895 Page 70 Welding Shop Means a building or structure or part thereof where metal products are joined, repaired or shaped by welding but no mass productions shall be involved. Wellness Centre Means a premise devoted to the actively sought goal of good health and includes the teaching and practice, in both individual and group sessions, of a range of holistic, alternative and integrative natural health practices and may include meditation, acupuncture, shiatsu, massage therapies, yoga, and healthy eating programs, and may include accessory uses such as administrative offices, physical fitness rooms, and waiting rooms, directly associated with the premises, but excludes a recreational commercial establishment. Wetlands Means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Periodically soaked or wet lands being used for agricultural purposes which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition. Wholesale Establishment Means a building or part of a building where goods, wares, merchandise or articles are stored in bulk for sale in wholesale quantities but does not include premises where any goods, wares, merchandise, substances or articles are offered or kept for sale at retail. Wind Farm Means a collection of wind turbines all in the same geographical location which are used in combination for the generation of mechanical or electrical generation. Township of Baldwin Zoning By-law File P-2895 Page 71 Wind Turbine Means a Class 1 wind facility with a name plate capacity less than or equal to 3 kW machine designed and used for converting the kinetic energy in wind into mechanical energy or electrical energy. Wind Turbine, Commercial Means a Class 2, 3 or 4 wind facility with a name plate capacity greater than or equal to 3 kW machine designed and used for converting the kinetic energy in wind into mechanical energy or electrical energy. Workshop - see Custom Workshop Wrecking Yard - see Salvage Yard Yard Means an area of open land between a main wall of a building and a lot line that, except for landscaping or accessory buildings and projections specifically permitted elsewhere in this By-law, is unobstructed above grade [see Figures 3.23 & 3.24]. Yard, Front Means a yard extending across the full width of the lot between the front lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a main building closest to the front lot line [see Figures 3.23 & 3.24]. Yard, Rear Means a yard extending across the full width of the lot between the rear lot line and a line drawn parallel or concentric thereto and through the point of the main wall of the main building closest to the rear lot line. Where there is no rear lot line, the rear yard shall be measured from the intersection of the side lot lines to the closest point of the main wall of the main building [see Figures 3.23 & 3.24]. Township of Baldwin Zoning By-law File P-2895 Page 72 Yard Sale Means the occasional or infrequent sale (e.g. one or two days annually) of household goods, clothing, furniture, tools, recreational equipment or other second hand articles or sundry items, usually by the households on an individual property, and may include a joint sale by neighbours on the same street or a joint sale at a school, a place of worship or other location. Yard, Side Means a yard extending from the front yard to the rear yard between the side lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a building closest to the side lot line [see Figures 3.23 & 3.24]. Yard, Side Exterior Means a side yard adjacent to a street [see Figures 3.23 & 3.24]. Yard, Side - Interior Means a side yard other than an exterior side yard [see Figures 3.23 & 3.24]. Figure 3.23: Yard Definitions Township of Baldwin Zoning By-law File P-2895 Page 73 Figure 3.24: Yard Definitions Township of Baldwin Zoning By-law File P-2895 Page 74 Township of Baldwin Zoning By-law File P-2895 Page 75 Zone Means a designated area of land use demarcated on the Schedules attached hereto. Zone Regulation Means any provision of this By-law which is listed under the heading "Zone Regulations" or referred to as a zoning regulation and governs the erection of any building or structure or the use of land. Zoning Administrator Means the officer, employee or such other person as may from time-to-time be designated by Council charged with the duty of enforcing the provisions of this By-law. Township of Baldwin Zoning By-law File P-2895 Page 76 Section 4 GENERAL PROVISIONS 4.1 Accessory Buildings, Structures and Uses 4.1.1 General 1. Accessory uses, buildings and structures shall be permitted in all zones as set out in the list of permitted accessory uses for each specific zone. 2. Accessory uses, buildings and structures shall comply with the zoning regulations for the zone in which they are permitted. Where there is no minimum setback or other zone regulation specified for a permitted accessory building, or structure the minimum yard requirement or other zone regulation of the applicable zone shall apply. 3. All accessory uses, buildings and structures to a permitted principal use or main building shall be located on the same lot and in the same zone as the principle use or main building. 4. Accessory uses, buildings and structures shall not be erected or established prior to the erection or establishment of the main building or use except for: a. A permitted temporary building [see Section 4.28] during the term of an active building permit; or b. An individual on-site sewage disposal system; Explanatory Note The General Provisions section of the Zoning By-law sets out regulations which apply regardless of the specific zoning (Section 5). While the zones provide site specific controls corresponding to such items as permitted uses and other restrictions, the General Provisions provide regulations more general in nature. Development must comply with all applicable provisions in the General Provisions in addition to the requirements of the specific zone regulations set out in Sections 5-22. Township of Baldwin Zoning By-law File P-2895 Page 77 c. A dock on a water access lot. d. A recreational vehicle where permitted under Section 4.21.4. e. A detached private garage provided construction of the primary building shall commence within two (2) years of the issuance of the building permit for the detached private garage. 5. No accessory building or structure shall be erected closer to the front lot line or the exterior side lot line than the minimum front yard and external side yard setbacks required for the main building except for: a. A shelter for use by children waiting for a school bus, if such use is located in a rural zone. b. A farm produce outlet if such structure is located in a rural zone. c. A freestanding satellite dish/receiver or solar collector (but not including a communications facility); d. Recycling and waste control containers; e. A sign erected in compliance with the zone regulations of this By-law or a By-law enacted under the Municipal Act. All such buildings or structures listed above shall be set back a minimum of 3m [9.84 ft.] from the front lot line or exterior side yard lot line or rear lot line in the case of a water front lot, and shall comply with the interior side yard and rear yard setbacks in the zone in which they are located. 6. Common detached private garages which are detached from the main building may be mutually centred on the side lot line. 7. A green roof, a geothermal power facility, a solar collector, and a wind turbine are permitted accessory uses in any zone. Township of Baldwin Zoning By-law File P-2895 Page 78 8. Legal non-conforming uses shall be permitted to have accessory uses with the provisions in this section of this By-law and the zone regulations of the applicable zone. 9. A detached private garage may be equipped with sanitary facilities where the sanitary facilities comply with Section 4.30 - Water and Sewage Disposal Systems. 10. A deck is not an accessory use unless detached from a dwelling. 11. All fuel storage tanks above or below ground for any fossil fuels or propane shall comply with the Technical Standards and Safety Act, 2000 and no building permit shall be issued without the prior approval of any equipment or fuel storage facilities by the Technical Standards & Safety Authority. 4.1.2 Accessory Residential Uses 1. One (1) guest cabin or one (1) loft-above-a-garage above a detached garage shall be permitted per lot as an accessory use to a permitted dwelling in an R4 Zone. 2. No guest cabin or loft-above-a garage above a detached garage shall be located less than 3 m [9.84 ft.] to any interior lot line or rear lot line or main building. 3. No guest cabin or loft-above-a garage shall be permitted on a lot occupied by a garden suite. 4. An additional residential unit shall be permitted as an accessory use to a single detached dwelling or a semi-detached dwelling or a row or a townhouse dwelling except in an R4 Zone and in any other zone where the additional residential unit cannot be adequately serviced with an individual on-site sewage system. See also Section 4.1.8 Garden Suites. 4.1.3 Bed and Breakfast Establishments 1. A bed and breakfast establishment shall be permitted as an accessory use to any permitted single detached dwelling. Township of Baldwin Zoning By-law File P-2895 Page 79 2. A maximum of four (4) guest rooms shall be permitted for any one bed and breakfast establishment. 3. The use of the dwelling as a bed and breakfast establishment shall not change the residential character of the dwelling. 4. Bed and breakfast establishments shall not be subject to the home based business regulations of Section 4.11 of this By-law. 5. The bed and breakfast establishment shall comply with any applicable requirements of the local Health Unit, the Building Code, and the Fire Code. 6. One (1) sign only not exceeding 1 m2 [10.76 ft2] in surface area shall be permitted to advertise a bed and breakfast establishment. The permitted sign may be a freestanding sign in a front or side yard or may be attached to a wall of a permitted building or structure. 7. A breakfast service shall be available to guests. 8. A bed and breakfast establishment shall comply with the applicable parking regulations of Section 4.21 of this By-law. 9. A bed and breakfast establishment shall require proper licensing from the municipality where applicable. 4.1.4 Boat Houses 1. One (1) only single storey one-bay boat house shall be permitted as an accessory use to a permitted seasonal dwelling or single detached dwelling in an R4 Zone. Township of Baldwin Zoning By-law File P-2895 Page 80 2. A boat house shall not be erected closer than 5 m [16.4 ft.] from the nearest adjacent lot line [see Figure 4.1]. 3. A boat house shall not be used for sleeping accommodation or human habitation. 4. A flat roofed boat house may be used as a roof- top deck or patio. 5. The provisions for boat houses in this section shall apply to a marina except clauses 4.1.4.1, and 4.1.4.4. 4.1.5 Docks 1. Docks shall be limited to floating, cantilevered or post dock construction. 2. No dock shall be permitted which constitutes a navigation or safety hazard. 3. In water bodies with a width of 150 m [492.1 ft.] or less, no dock shall be constructed which will exceed 20% of the width of the adjacent water body. 4. No dock with a crib area of greater than 15 m2 [161.4 ft.2] shall be constructed without a valid permit issued by the Ministry of Natural Resources and Forestry. 4.1.6 Fences in a Residential Zone Any fence erected hereafter within the municipality shall conform to the provisions of any Fence By-law as may from time-to-time be enacted under the Municipal Act or any provisions for fences as hereinafter set out in this By-law as follows: Figure 4.1: Boat House Location Township of Baldwin Zoning By-law File P-2895 Page 81 1. The maximum height of a fence in any interior side or rear yard shall be 2 m [6.56 ft.] measured from the established grade. 2. The maximum height of a fence in any front yard or exterior side yard shall be 1 m [3.28 ft.] measured from the established grade. 3. No fence shall be erected so as to obstruct a sight triangle. 4.1.7 Fences in a Non-Residential Zone Any fence erected hereafter within the municipality shall conform to the provisions of any Fence By-law as may from time-to-time be enacted under the Municipal Act or any provisions for fences as hereinafter set out in this By-law as follows: 1. The maximum height of a fence in any yard of a non-residential zone shall be limited to 2.5 m [8.20 ft.] measured from the established grade where the fence is a chain-link or other similar transparent construction materials or 2 m [6.56 ft.] for any other materials. 2. No fence shall be erected so as to obstruct a sight triangle. 3. Sections 4.1.6 or 4.1.7 shall not apply to fences required for a public authority or communication facilities. 4.1.8 Garden Suites Subject to the passing of a site specific temporary use By-law under Section 39 of the Planning Act, a garden suite shall be permitted as an accessory use to a permitted single detached dwelling provided: 1. The minimum lot area conforms to the zone in which the garden suites are to be located. 2. The maximum gross floor area of the garden suite shall not exceed 50% of the gross floor area of the principle dwelling on the lot. 3. The maximum height of the garden suite shall be one storey. Township of Baldwin Zoning By-law File P-2895 Page 82 4. The garden suite shall be located in a rear or interior side yard and shall meet the zone regulations for building separation and lot coverage in the zone in which the garden suite is located. 5. The minimum setback from a rear lot line or interior side yard lot line shall be 3 m [9.84 ft.]. 6. A garden suite shall not be permitted on a lot occupied by an existing guest cabin or loft-above-a-garage. (See 4.1.2) 4.1.9 Pumphouse A pumphouse may be erected and used in the shoreline buffer zone provided its location complies with the minimum interior side yard setback. 4.1.10 Storage Containers in a Residential Zone No person shall place a storage container in any residential zone except in accordance with the following: 1. One (1) only storage container shall be permitted. 2. The dimensions of a storage container shall not exceed 6 m [19.6 ft.] in length, 2.4 m [7.8 ft.] in width or 3 m [9.8 ft.] in height. No stacking of storage containers shall be permitted. 3. No single storage container shall be used for human habitation. 4. A storage container shall be located in the rear yard only. 5. The minimum separation distance of a storage container from any other building shall be 3 m [9.8 ft.]. 6. A storage container shall comply with all other yard setbacks in the zone in which the storage container is located. 7. A storage container shall not be used for the purpose of display or advertising or as a component of a fence. 8. A storage container not exceeding the dimensions in clause 4.1.10.2 shall be permitted in a driveway on a residential property for a period not to exceed five (5) days and only for the purpose of loading or unloading Township of Baldwin Zoning By-law File P-2895 Page 83 household items during the process of moving, but in no case shall encroach upon a public sidewalk or create a site line obstruction to traffic. 9. A storage container shall not be used for the storage of fuels or hazardous materials. 10. Any storage container shall meet the requirements of the Ontario Building Code. 4.1.11 Storage Containers in a Non-Residential or Rural Zone 1. One (1) only storage container shall be permitted in a non-residential zone or rural zone. 2. The dimensions of any storage container shall not exceed 13.8 m [45.2 ft.] in length, 2.45 m [8.0 ft.] in width or 3.1 m [10.1 ft.] in height. No stacking of storage containers shall be permitted. 3. No storage container shall be used for human habitation. 4. A storage container shall be located in an interior side yard or the rear yard only. 5. No storage container shall be located on a designated parking space, aisle or access driveway. 6. The minimum separation distance from any other building other than another storage container shall be 2 m [6.5 ft.]. 7. A storage container shall comply with all other yard setbacks in the zone in which the storage container is located. 8. A storage container shall not be used for the purpose of display or advertising or as a component of a fence. 9. A storage container shall not be used for the storage of fuel or hazardous substances. 10. Any storage container shall meet the requirements of the Ontario Building Code. Township of Baldwin Zoning By-law File P-2895 Page 84 4.1.12 Swimming Pools Private swimming pools, both above-ground and in-ground and both open and covered, shall be permitted subject to the By-laws of the Municipality regarding swimming pools and the following regulations: 1. Outdoor Open Pools a. Open Pool areas shall be totally enclosed by a fence constructed with vertically boarded wood, chain link, masonry, plastic, metal construction or a material having an equivalent degree of strength and having no rails or other horizontal or diagonal bracing or attachments on the outside that may facilitate climbing and shall have no opening with a horizontal dimension greater than 75 mm [2.4 inches] and having a minimum height of 1.5 metres [4.9 ft.] above the established grade and which shall be installed to include a self- closing and self-latching gate which shall be placed at the top of the gate on the pool side; b. Where a pool is an above-ground pool, any combination of the pool wall, surrounding fence or structure totaling a minimum of 1.5 m [4.92 ft.] in height above the established grade shall be deemed to meet the fencing regulations provided that a self-latching gate or equivalent arrangement is installed to prevent unauthorized entry; c. A wall or walls of a building or buildings may form part of a swimming pool fence provided that all openings affording access from a building directly to an enclosed swimming pool area is/are equipped with a locking device located not less than 1.5 metres [4.9 ft.] from the bottom of the floor; d. Any building or structure, other than a dwelling, required for changing clothing or pumping, filtering or storage or any similar purposes shall comply with the provisions respecting accessory uses and structures. e. No part of an outdoor swimming pool including an associated apron or platform which is in a front or side yard shall be constructed closer to a street line than the regulations for a main building in the zone within which it is located nor closer to the lot line in a rear yard than the minimum distance required for an accessory use or structure; Township of Baldwin Zoning By-law File P-2895 Page 85 f. Notwithstanding the foregoing, outdoor swimming pools which are accessory to hotels, motels and tourist establishments may be located in the front yard provided the swimming pool meets all other regulations of this By-law; and g. A hot tub shall be exempted from the fence provisions provided that the hot tub is adequately secured by a cover equipped with a self-locking device, which cover shall be kept locked in place over the tub when the hot tub is not in use. 2. Indoor Swimming Pools Indoor pools shall comply to the accessory building regulations contained in Section 4.1.1 or to the zone regulations where the pool is part of the main building. 4.1.13 Temporary Car Shelter 1. Temporary car shelters shall only be located on a designated parking space or driveway. 2. The minimum setback of a temporary car shelter shall be 3 m [9.84 ft.] from a front yard lot line or exterior front yard lot line and 1.5 m [4.92 ft.] from an interior side yard lot line. 3. No temporary car shelter shall be erected so as to obstruct a sight triangle. (See also Section 4.25 Sight Triangle.) 4.2 Automotive Service Station, Gas Bar, Car Wash Despite any other provisions contained in this By-law, for all zones within which an automotive service station, gas bar and/or car wash are permitted, the following zone regulations shall apply: 1. Minimum lot frontage ............................................................................ 50 m [164 ft.] 2. Minimum front yard .............................................................................. 15 m [49.2 ft.] 3. Minimum exterior side yard ................................................................ 15 m [49.2 ft.] 4. Minimum interior side yard ................................................................... 6 m [19.7 ft.] 5. Minimum rear yard ............................................................................... 10 m [32.8 ft.] 6. Minimum setback from a canopy and any lot line................................. 10 m [32.8 ft.] 7. Minimum setback of any pump island from any lot line ........................ 10 m [32.8 ft.] Township of Baldwin Zoning By-law File P-2895 Page 86 8. Minimum entrance width for one-way entrance ........................................ 6 m [19.7 ft.] 9. Minimum width for a two-way entrance .................................................... 9 m [29.5 ft.] 10. Maximum entrance width ....................................................................... 12 m [39.4 ft.] 11. Minimum distance between any two entrances and/or exits ................ 22.5 m [73.8 ft.] 12. Minimum distance between an entrance or exit and the intersecting street lines on a corner lot......12 m [39.4 ft.] 13. Minimum number of entrances................................................................................... 2 14. All fuel storage tanks above or below ground for any fossil fuels or propane shall comply with the Technical Standards and Safety Act, 2000 and no building permit shall be issued without the prior approval of any equipment or fuel storage facilities by the Technical Standards & Safety Authority. 4.3 Buildings to be Moved No building or structure shall be moved within the limits of the Municipality or shall be moved from outside the Municipality into the Municipality unless the building or structure is a permitted use and satisfies all the regulations of the zone in which it is to be located. 4.4 Change of Use A use of a lot, building or structure which, under the provisions hereof is not permitted within the zone in which such lot, building or structure is located, shall not be changed except to a use which is permitted within such zone or as otherwise authorized by the Committee of Adjustment under Section 45(2) of the Planning Act. 4.5 Cumulative Standards Notwithstanding anything contained in this By-law, where any land, building or structure is used for more than one purpose, all provisions of this By-law relating to each use shall be complied with. 4.6 Established Building Line in Built-up Area Despite any other zone regulation of this By-law, in any residential zone (see Section 5.2 for list of zones), the front yard setback for a dwelling to be constructed between existing buildings or adjacent to existing buildings which are separated by no more than 60 m [196.8 ft.], may be reduced to a setback equal to the average setback of the said existing buildings or 6 m [19.6 ft.], whichever is the greatest [see Figure 4.2]. Example of cumulative standards: where a lot is to be developed for a commercial use and an accessory dwelling, the number of parking spaces required would include the combined total of those for the commercial use plus those for the dwelling. Township of Baldwin Zoning By-law File P-2895 Page 87 4.7 Exception Zone Where a zone symbol is followed by the suffix "-X" this shall mean that a specific exception is being made to one or more of the zone regulations of that zone for a specific area governed by the By-law. All other applicable provisions of the By-law shall continue to apply. A number after the "-X" (e.g. R-X1) indicates the chronological order of the various exception zones. 4.8 Flood Plain No dwelling shall be constructed or extended or expanded below the regulatory flood elevation of any water body (see Section 4.8.3.4) and no person shall use any land or erect, alter or use any building or structure in the flood plain of any water body except in accordance with the following provisions: 4.8.1 Permitted Uses Within the Flood Plain 1. Buildings or structures intended for flood or erosion control or slope stabilization; 2. Conservation Use excluding any buildings or structures; 3. Forestry Use excluding any buildings or structures; 4. Parks excluding any buildings or structures; 5. Hydro-electric generating facilities; 6. Marine Facility; 7. Marina; and 8. Infrastructure incidental to a water supply or waste water treatment facility such as a water intake or sewer outfall but not including the main building of a water filtration plant or waste water treatment facility. Figure 4.2: Established Building Line in a Residential Zone Township of Baldwin Zoning By-law File P-2895 Page 88 4.8.2 Prohibited Uses Buildings and structures shall not be permitted to locate in hazardous lands where the use is: 1. An institutional use including hospitals, a day nursery, pre-schools, school nurseries, a continuum-of-care facility, long-term care homes and a school. 2. An essential emergency service such as that provided by fire, police and ambulance stations and electrical substations, and 3. Uses associated with the disposal, manufacture, treatment or storage of hazardous substances. 4.8.3 Flood Plain Zoning Standards 1. No building or structure shall be erected closer than 15 m [49.2 ft.] from the flood elevation or flood line of a water body. 2. Where no flood elevation or flood line has been established, the setback from the top of bank shall be 30 m [98.4 ft.]. 3. Lands subject to flooding shall not be included in the calculation of the minimum lot area. 4. For the purposes of this By-law, the regulatory flood elevation for Agnew Lake is 263.74 m [865.3 ft.]. 4.9 Frontage on a Street No person shall erect any building or structure or use any land in any zone unless the lot upon which such building or structure is to be erected or the land to be used has access to and meets the minimum lot frontage on a street. 4.9.1 Exceptions Despite the above, access to a lot shall be permitted: 1. For a permitted use located on an existing private road, easement or a private road located in a registered condominium. 2. For a resource related use located on Crown Land. Township of Baldwin Zoning By-law File P-2895 Page 89 3. For a communications facility. 4. For a public utility. 5. For a wayside pit or quarry. 6. For a water access lot or an island. 7. For any passive outdoor recreational use or activity such as skiing, snowmobiling, hiking, mountain biking or similar activities, and 8. Where all other applicable zone regulations are met. 4.9.2 Exception for Existing Agreements 1. Despite Section 4.9.1 where a development or subdivision agreement exists between the Municipality and a land owner and is registered on title, access to an unassumed, unopened or unmaintained public right-of-way shall be deemed to comply to the provisions of this section, provided that the development is in conformity with the zone regulations set out in the corresponding zone or any exception thereto. 2. Despite Section 4.9.1, where a legal right-of-way or a registered on title and provides for a right-of-way to an existing lot which is developed for a single detached dwelling or seasonal dwelling, such uses shall be deemed to comply with the provisions for access of this By-law. 3. Despite Section 4.9.1, where an agreement entered into with the Municipality for access via an unopened road allowance is registered on title and provides for an easement to an existing lot which is developed or intended to be used for a permitted use, such uses shall be deemed to comply with the provisions for access of this By-law. 4.10 Group Homes A group home shall be permitted in all residential zones provided the lot is located on an improved Street only and not a private road. Township of Baldwin Zoning By-law File P-2895 Page 90 4.11 Home Based Businesses 4.11.1 Scope of Permitted Home Based Businesses The following home based businesses shall be permitted in any zone where a home based business is permitted: 1. Professional and consulting services including but not limited to an architect, engineer, financial advisor, accountant, consultant, legal services, physician, teleworker. 2. Instructional services include but not limited to music lessons, dance, art, academic tutoring. 3. Home craft businesses including but not limited to quilter, potter, jeweler, painter/visual artist, small scale assembler. 4. A Day nursery or private home day care. 5. Distribution sales office, mail order sales or on-line sales and services including but not limited to cosmetics, clothing or small household appliances provided the product or service delivery is primarily from an off-site non- residential location. 6. An office for a contractor and trades plumber, electrician. 7. Repair services including but not limited to small appliances, computers and not including auto repair and similar services. 8. High technology uses including but not limited to internet services, office call center services, desktop publishing, computer hardware and software development. 9. Personal care services including but not limited to a hairdresser, barber, massage therapist, aesthetician. 10. Sale of bait for recreational fishing purposes. Township of Baldwin Zoning By-law File P-2895 Page 91 11. Pet grooming establishment, but not including overnight keeping of animals. 12. A catering establishment. 13. A Studio. 14. Seed sales 15. Gun repairs 16. The sale of firewood 17. The repair of household appliances 18. Home based businesses shall not include an auto body shop or auto repair garage. 4.11.2 Zone Regulations for Home Based Businesses 1. The home based business shall be clearly accessory to the main permitted residential use. 2. A maximum of two (2) home based businesses shall be permitted in a dwelling. 3. The residential external character of the dwelling shall not be changed. 4. The business(es) may be conducted entirely within the dwelling or may be conducted in an accessory building provided that the home based business does not occupy more than 140 m2 [1,506 ft.2] of the accessory building or structure. The home based business(es) shall cumulatively not occupy more than 25% of the net floor area of the dwelling. 5. The home based business shall be operated by the owner or occupant of the dwelling on the lot on which the home based business is operated. 6. The home based business shall not create a public nuisance in regard to noise, traffic, parking or health safety. Township of Baldwin Zoning By-law File P-2895 Page 92 7. The business (es) shall be legal and must have obtained the necessary permits or licenses from the Corporation and any other applicable government body having jurisdiction. Any licenses shall be deemed to expire on the 31st of December of each calendar year and shall be renewed annually. 8. No outdoor storage shall be permitted except where the home based business is established for the sale of firewood. 9. Only one (1) sign shall be permitted to advertise the home based business(es). The sign shall not exceed 1 m2 in surface area. The permitted sign may be a free standing sign in a front or exterior side yard or may be attached to the wall of a permitted building or structure. The sign may be illuminated where the illumination is directed onto the sign and complies with Section 4.12 of this By-law. Signs may also be subject to any sign By- law enacted by the Municipality under the Municipal Act. 10. Parking for home based business(es) shall comply with Section 4.21 of this By-law. 4.12 Illumination Illumination of buildings, structures and grounds shall be permitted provided: 1. Illumination does not cause direct or indirect glare on a street or private road that may interfere with traffic or pedestrian safety. 2. Illumination does not consist of a colour or be so designed or located that it may be confused with traffic signals. 3. Illumination does not cause direct or indirect glare on land or buildings or structures on any adjacent property that creates a public health or safety issue. 4.13 Kennel A kennel shall only be permitted in an R Zone. Township of Baldwin Zoning By-law File P-2895 Page 93 4.14 Land Suitability For Use Despite any other provision of this By-law, no habitable building or structure shall be erected, altered or used on hazardous lands. 4.15 Licenses, Permits and Other By-laws Nothing in this By-law shall exempt any person from complying with requirements of the Building By-law or any other By-law in force within the Municipality or from obtaining any permit, license, permission, authority or approval required by this or any other By-law of the Township of Baldwin or by any other provincial or federal law in force from time to time. 4.16 Loading/Delivery Space Regulations For every building or structure erected for a commercial use, institutional use or industrial use involving the receiving, shipping or unloading of merchandise or other goods, loading/delivery spaces shall be required in accordance with the following zoning regulations: 1. Minimum loading/delivery space height clearance ..................... 4.25 m [13.9 ft.] 2. Minimum loading/delivery space width ...................................... 3.75 m [12.3 ft.] 3. Minimum loading/delivery space length ....................................... 10 m [32.8 ft.] 4. Minimum aisle or driveway width leading to a loading/delivery space 6m [19.6 ft.] 5. Minimum no. of loading/delivery spaces ...... 0 for net floor area less than 200 m2 6. Minimum no. of loading/delivery spaces... 1 for net floor area of 200 m2-1,000 m2 7. Minimum no. of loading/delivery spaces................ 1 for each additional 1,000 m2 8. All loading spaces shall be located within the property boundaries (lot lines) of the lot on which they are located. 9. Minimum setback of any required loading/delivery space from any lot line shall be 3 m [9.84 ft.]. 10. The loading/delivery space regulations shall not apply to existing buildings or structures, but shall apply to any increase in the net floor area of an existing building or structure after the date of the passing of this By-law. 4.17 Minimum Distance Separation and Special Setbacks Despite the zoning regulations in this By-law, no person shall use any land, building or structure unless the use, building or structure complies with the following Township of Baldwin Zoning By-law File P-2895 Page 94 4.17.1 Waste Management Facility 1. No development or land use shall be permitted within 30 m [98.4 ft.] of the licensed fill area of an active waste management facility. 2. No waste management facility shall be permitted within 30 m [98.4 ft.] from the high water mark of any water body or wetland. 3. No waste management facility shall be permitted on land covered by water or in any area subject to flooding. 4.17.2 Pits and Quarries 1. No sensitive land use shall be permitted within 300 m [2984.2 ft.] of the zone boundary of a pit measured as the shortest horizontal distance between the lot line of the sensitive land use and the zone boundary of the pit or the nearest face of the excavation, whichever is the closest. 2. No sensitive land use shall be permitted within 1,000 m [3,280.8 ft.] of a quarry measured as the shortest horizontal distance between the lot line of the sensitive land use and the zone boundary of the quarry or the nearest face of the excavation, whichever is the closest. 4.17.3 Industrial Uses 1. Class I Industrial - Light Industrial: The minimum separation distance from a sensitive land use and a Class I Industrial use shall be 20 m [65.6 ft.] and shall be measured as the shortest horizontal distance between the lot line of the sensitive land use to the lot line of the Class I Industrial Use. 2. Class II Industrial - Medium Industrial: The minimum separation distance from a sensitive land use and a Class II Industrial use shall be 70 m [230 ft.] and shall be measured as the shortest horizontal distance between the lot line of the sensitive land use to the lot line of the Class II Industrial Use. 3. Class III Industrial - Heavy Industrial: The minimum separation distance from a sensitive land use and a Class III Industrial use shall be 300 m [984.2 ft.] and shall be measured as the shortest horizontal distance between the lot line of the sensitive land use to the lot line of the Class III Industrial Use. Township of Baldwin Zoning By-law File P-2895 Page 95 4. Where an industrial use or sensitive land use is an existing use and an expansion or extension is proposed, the minimum separation distance for a Class I, II or III Industry shall be measured from the nearest main wall of the building or structure occupied by the sensitive land use and the nearest main wall of the building, structure, processing area, assembly or manufacturing area occupied by the industrial use. 4.17.4 Minimum Distance Separation Formulae I and II 1. The most recent version of the Minimum Distance Separation Formulae I and II of the Ministry of Agriculture, Food and Rural Affairs shall apply to new or expanding livestock facilities and the establishment of residential uses or vice versa on properties adjacent or in proximity to livestock operations, but shall not apply between a dwelling and a livestock facility on the same lot. 2. Minimum Distance Separation Formulae I shall apply to all lots created after March 1, 2017. 3. Minimum Distance Separation Formulae I setbacks shall apply to existing lots created prior to March 1 2017 which are used exclusively to residential purposes and vacant lots which have a lot area greater than 2 ha. [4.94 ac.] 4. Minimum Distance Separation Formulae I shall not apply to lot creation for surplus dwellings for an existing livestock facility od anerobic digestor on an adjacent lot or on the same lot as the existing dwelling. 5. Minimum Distance Separation Formulae I and II shall not apply to agriculture related uses or on-farm diversified uses with the exception of a food service such as an on-farm tea room or food concession. 6. Despite anything in this By-law to the contrary, where an existing sensitive land use that does not comply with the Minimum Distance Separation Formulae I is destroyed or rendered uninhabitable by fire or other natural cause, the building or structure may be reconstructed where the new building or structure is located no closer to a livestock facility than the original building or structure and the gross floor area and height are not increased. Township of Baldwin Zoning By-law File P-2895 Page 96 7. The Minimum Distance Separation Formulae I shall not apply to the construction of accessory buildings and structures to a permitted existing dwelling on the property (e.g. deck, garage, gazebo, greenhouse, picnic area, patio, shed). 8. The Minimum Distance Separation Formulae I shall not apply to proposed non-agricultural uses within an approved settlement area. 9. The Minimum Distance Separation Formulae I shall not apply to any cemetery that is closed to further use or receives low levels of visitation. 4.17.5 Water Bodies and Shoreline Buffer Zone 1. Subject to Section 4.8, the minimum setback from the high water mark for dwelling, a non-residential or accessory building or structure or an individual on-site sewage service shall be 30 m [98.4 ft.] except for a marine facility or marina. The setback shall be measured as the shortest horizontal distance from the nearest main wall of the building or the edge of the filter bed/tile bed to the high water mark. The setback from an intermittent creek may be reduced to 15 m [49.2 ft.]. 2. A shoreline buffer zone shall be maintained between the high water mark and any permitted use, building or structure except a marine facility in a R4, OS and R Zone. A shoreline buffer zone may be interrupted to provide for an access way or pathway to a water body or to provide for a viewscape of the adjacent or abutting water body provided that a clearing of the shoreline buffer zone shall not exceed 9 m [29.5 ft.] on a lot occupied by a residential use. 4.17.6 Wetland No dwelling, non-residential or accessory building or structure or an individual on-site sewage service shall be permitted within 30 m [98.4 ft.] of the boundary of a significant wetland or fish habitat. 4.17.7 Rail Corridor No building or structure shall be permitted within 30 m [98.4 ft.] of the right-of-way of a rail corridor. Township of Baldwin Zoning By-law File P-2895 Page 97 4.18 Non-Complying and Non-Conforming Buildings and Structures 4.18.1 Reconstruction, Enlargement of a Non-Complying Building or Structure Nothing in this By-law shall prevent the enlargement, repair, renovation, reconstruction, or structural alteration of a building, or structure that existed one day prior to this By-law coming into effect, and which does not comply with the zone regulations or other requirements of this By-law provided: 1. The enlargement, repair, renovation, reconstruction, or structural alteration does not increase the situation of non-compliance; and 2. The enlargement, repair, renovation, reconstruction, or structural alteration does not pose a threat to public health or safety; and 3. All other applicable provisions of this By-law are complied with. 4.18.2 Non-Complying Lots 1. Despite anything else contained in this By-law, where a vacant lot having a lesser lot frontage and/or lot area than is required by this By-law is held under distinct and separate ownership from adjoining lots, according to the register for land in the Land Titles, or Registry Office, on the date of the passing of this By-law, it may be used for a purpose permitted in the zone in which the said lot is located, provided that no such lot has a lot area of less than 2,000 m2 [21,529 ft.2] in a R4 or OS or R Zone or cannot be adequately serviced with water and sewage services and provided all other applicable zone regulations in this By-law are complied with. 2. A non-complying lot that existed on the date of the passing of this By-law, and which does not comply with the minimum lot frontage and/or minimum lot area zone regulations of this By-law may be enlarged by a lot addition and the resultant lot shall be deemed to comply with all the zone regulations of this By-law including the minimum lot frontage and minimum lot area. All zone regulations applicable to any existing buildings on the resultant lot shall thereafter be deemed to comply with the zone regulations of this By-law. Township of Baldwin Zoning By-law File P-2895 Page 98 4.18.3 Non-Conforming Uses Nothing in this By-law shall apply to prevent the use of any land, building or structure for any purpose prohibited by the By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By- law so long as it continues to be used for that purpose. The non-conforming use of any land, building or structure shall not be changed or enlarged except to a use which is in conformity with the provisions of the zone in which the land, building or structure is located, or without permission from the Committee of Adjustment pursuant to the Planning Act. Where the non-conforming use ceases, the use will be deemed to have been discontinued. 4.18.4 Reconstruction of a Non-Conforming Use 1. Nothing in this By-law shall prevent the strengthening, restoration or reconstruction of any non-conforming building or structure which existed on the date of the passing of this By-law, provided that the strengthening, restoration or reconstruction does not increase the building height, size or volume or change the use of such building or structure, except such minor changes as may be expressly required for the restoration of the building or structure to a safe condition. 2. Nothing in this By-law shall prevent the strengthening, restoration or reconstruction of any non-conforming building or structure is destroyed or rendered uninhabitable by fire or other natural cause, provided the height and gross floor area are not increased, and the new building or structure is erected or on the same building footprint. 4.18.5 Prior Building Permits for a Non-Conforming Use Nothing in this By-law shall prevent the erection or use of any building or structure for which a building permit has been issued under the Building Code Act prior to the passing of this By-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under the Building Code Act. 4.18.6 Road Widening Creating a Non-Complying Use Nothing in this By-law shall prevent the use of any land, building or structure or the erection of any building or structure on a lot which does not comply to the minimum lot frontage and/or lot area and/or front yard setback and in the case of a corner lot, the exterior side yard setback, as a result of a road widening taken by the Township of Baldwin or the Ministry of Transportation of Ontario, provided all other zone regulations of this By-law are complied with. Township of Baldwin Zoning By-law File P-2895 Page 99 4.19 Occupancy Restrictions Human habitation shall not be permitted in any of the following buildings, structures, or parts thereof: 1. Any private garage or other building or structure which is accessory to a residential use. 2. Any truck, bus, coach or streetcar body whether or not the same is mounted on wheels. 4.20 Open Storage and Outdoor Display No person shall use any lot or part thereof for open storage, or outdoor display except as permitted by this By-law and as an area which has been specifically designed and set aside for such purpose, is fully integrated with the principle use of the lot and is in accordance with the following: 1. Open storage shall not be permitted within any required front yard and no closer than 5 m [16.4 ft.] to any interior side lot line or rear lot line. 2. Where open storage areas abut a residential zone (see Section 5.2 for list of zones), the required setback of the open storage area shall be increased 10 m [32.8 ft.] and shall also be visually screened from any residential use. 3. An outdoor display area shall be permitted as an accessory use to any permitted commercial use, industrial use or public service use provided that the outdoor display area does not reduce any required parking area or loading space area required by this By-law. All outdoor display areas shall be setback a minimum of 3 m [9.84 ft.] from any front lot line or interior side lot line. Despite the above, seasonal sales of Christmas trees or a temporary (i.e. weekend) or a yard sale shall be permitted to occupy a designated parking area but shall be subject to any restrictions otherwise imposed by license or permit by the Municipality. 4.21 Parking, Motor Vehicles and Drive-Through Facilities 4.21.1 General 1. Except as provided herein, no motor vehicles shall be parked or stored in any zone (see Section 5.2 for list of zones) unless the motor vehicle is located within a garage, carport, driveway, parking area, or on a street as permitted by Municipal By-law. Township of Baldwin Zoning By-law File P-2895 Page 100 2. No parking space in a residential zone (see Section 5.2 for list of zones) shall be used for the outdoor parking or storage of a motor vehicle unless such motor vehicle is used in operations incidental to the residential use of the lot on which it is parked or stored and bears a motor vehicle license plate or sticker which is currently valid. 3. Each standard parking space or stacking space in a stacking lane shall have a minimum width of 2.6 m [8.5 ft.] and a minimum length of 5.5 m [18 ft.] and each barrier-free parking space shall have a minimum width of 3.9 m [12.7 ft.] and a minimum length of 5.5 m [18 ft.] [see Figure 4.3]. 4. Unless permitted elsewhere in this By-law, where two or more uses are permitted in any one building or structure on any lot, then the off-street parking regulations for each use shall be calculated as if each use is a separate use, and the total number of off-street parking spaces so calculated shall be provided. 5. The regulations for parking spaces shall not apply to any building or structure in existence at the date of passing of this By-law so long as the gross floor area, as it existed at such date, is not increased and no change in use occurs. If an addition is made to the building or structure which increases the gross floor area or a change in use occurs than parking spaces for the addition or area changed in use shall be provided. 6. Supplementary regulations for parking spaces for dwellings in residential zones (see Section 5.2 for list of zones) shall be as follows; a. The driveway and parking space shall be constructed of crushed stone, asphalt paving, concrete, paver stones or similar materials. b. No more than fifty percent (50%) of the area of any required front yard Figure 4.3: Barrier- Free Parking Space Dimensions Township of Baldwin Zoning By-law File P-2895 Page 101 shall be used or constructed as a driveway or parking space. c. No more than fifty percent (50%) of the lot frontage shall be used or constructed as a driveway or parking space. 7. Supplementary regulations for a parking area for more than four motor vehicles shall be as follows: a. The parking area shall be constructed of crushed stone, asphalt paving, concrete, paver stones, or similar materials. b. Ingress and egress directly to and from every parking space shall be by means of a driveway, lane or aisle having a width of at least 6 m [19.7 ft.] for two-way traffic and 4 m [13.1 ft.] for one-way traffic where parking is angled. c. A driveway or lane which does not provide ingress and egress directly to a parking space, shall have a minimum width of 3.5 m [11.4 ft.] where designed for one-way vehicular circulation or 6 m [19.7 ft.] where designed for two-way vehicular circulation. 8. Where the calculation of the minimum number of parking spaces required results in a fraction, the minimum requirement shall be the next higher whole number. 9. Driveway Entrance Location No driveway on a corner lot shall be located closer than 15 m [49.2 ft.] from the edge of the travelled road of an intersection of a local road or 20 m [65.5 ft.] from the intersection of a collector road or provincial highway. 4.21.2 Barrier Free Parking One barrier free parking space shall be required for any use requiring 10 standard parking spaces or more and barrier free parking spaces shall be provided at a ratio of one barrier free parking space for each 25 standard parking spaces and shall be included as part of the total number of standard parking spaces required. 4.21.3 Drive-Through Facilities Despite any other zone regulation in this By-law, where a use of land, building or structure incorporates a drive- through facility, the following zone regulations shall apply: Township of Baldwin Zoning By-law File P-2895 Page 102 1. A drive-through facility shall be a permitted use in the C1, C2 and M1 zones. 2. A drive-through facility is a principle use in combination with another permitted use and shall comply with the zone regulations in the zone in which the drive-through facility is located. 3. The minimum dimensions of a stacking space in a stacking lane shall be 2.6 m by 5.5 m [8.5 ft. x 18 ft.]. 4. No part of any order station shall be located closer than 10 m [32.8 ft.] from the property boundary of any property or lot occupied or zoned for a residential use. 5. All drive-through facilities shall comply with the zone regulations for parking as set out in Table 4.21 of this By- law. 6. Stacking lanes for any drive-through facility shall be designed to accommodate a minimum of eight (8) motor vehicles. 4.21.4 Commercial Vehicle, Recreational Vehicles and Recreational Equipment No person shall in any residential zone, use any lot for parking or storage of any commercial motor vehicle, recreational vehicle or recreational equipment except as follows: 1. The owner or occupant of any lot, building or structure in any residential zone, may use any attached or detached private garage located on the lot for the housing or storage of one (1) commercial motor vehicle operated by the owner or occupant and/or may also use any private driveway for the parking of one (1) commercial motor vehicle not exceeding 2,722 kg Gross Vehicle Weight (GVWR) or a Class 1 truck [6,000 lbs.] provided such commercial motor vehicle is not used in connection with any business or other use that is prohibited in this By-law. 2. In a residential zone, recreational equipment and only one (1) recreational vehicle may be stored on a lot in accordance with the following zone regulations: a. No person shall store any recreational equipment or recreational vehicle on a lot or property unless a main building has been constructed. Township of Baldwin Zoning By-law File P-2895 Page 103 b. An attached or detached private garage may be used for the housing or storage of any recreational equipment or recreational vehicle. c. Exterior storage shall be limited to an interior side yard or rear yard of the lot and no part of any recreational equipment or recreational vehicle shall cross a lot line, and d. Exterior storage of any recreational equipment or recreational vehicle shall be permitted in a front yard or exterior side yard provided: - The lot has a minimum lot frontage of 15 m [49.2 ft.], and - The recreational equipment or one (1) only recreational vehicle is stored on a driveway and does not occupy a required parking space, and - That and no part of any recreational equipment or a recreational vehicle shall cross a lot line. 3. One (1) only recreational vehicle may be stored on a vacant lot of record in an R, or R4 zone, and no vacant lot of record shall be actively used or occupied for a recreational vehicle in an R, or R4 zone. 4. No lot in any other zone shall be used for the storage or use of a recreational vehicle unless otherwise listed as a permitted use in the zone. 4.21.6 Schedule for Parking Regulations In any zone, the owner or occupant of any building or structure erected, enlarged or changed in use after the date of passing of this By-law shall provide off-street parking spaces in accordance with the minimum number of parking spaces set out in Table 4.21 as follows: Township of Baldwin Zoning By-law File P-2895 Page 104 Table 4.21 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Residential: - Accessory dwelling - Duplex Dwelling - Guest House - Mobile home - Seasonal dwelling - Semi-detached dwelling - Single-detached dwelling 2 spaces per dwelling Residential: - Accessory Apartment - Apartment dwelling - Multiple-unit dwelling - Row or townhouse - Triplex dwelling 1.5 spaces per dwelling unit, 15% of which shall be reserved as visitor parking where eight or more parking spaces are required Township of Baldwin Zoning By-law File P-2895 Page 105 Table 4.21 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Residential: - Additional Residential Unit - Bachelor dwelling unit - Boarding house - Dormitory - Garden suite - Senior citizen dwelling - 1 space per dwelling unit, or 1 space per 38 m2 [409 ft.2] whichever is greater - Dormitory or boarding house: 1 space per occupant Animal Shelter 1 space per 30 m2 [322.9 ft.2] of gross floor area Auto body shop, auto repair shop, automotive service station, gas bar, recreational vehicle repair and garage 3 spaces per service bay plus 1 space per employee; minimum 6 spaces Assembly hall, auction hall, auditorium, banquet facility, dance hall, entertainment establishment, stadium, theatre, bingo hall, funeral home and similar places of assembly The greater of 1 space for every 4 seats or 1 space for every 12 m2 [129.1 ft.2] of assembly space Bed and Breakfast Establishment 1 space for each guest room available to the travelling public in addition to the required parking for the dwelling Township of Baldwin Zoning By-law File P-2895 Page 106 Table 4.21 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Building supply store, lumber yard, garden centre, nursery, equipment and vehicle storage yard 1 space for each 22 m2 [236.8 ft.2] of gross floor area and 1 space for each 35 m2 [376.2 ft.2] of open storage Car Rental Agency 30 spaces minimum Clinic, medical marijuana facility 3 spaces per medical practitioner Convenience store 1 space per 18 m2 [193.7 ft.2] of gross floor area Continuum-of-Care Facility 1 space for every 6 patient beds plus 1 space for every 4 employees Crisis Care Facility 2 spaces minimum in addition to the required parking for a dwelling or if not located in a dwelling, 1 space per 38 m2 [409 ft.2] of gross floor area Day nursery 1 space per employee and 1 space per 5 children or 1 space for every 15 children registered or fraction thereof Drive-through facility 1 parking space per 20 m2 [215.2 ft.2] of gross floor area Township of Baldwin Zoning By-law File P-2895 Page 107 Table 4.21 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Equipment Rental Establishment, Equipment Sales Establishment, Equipment Service and Repair Establishment, automotive sales establishment, recreational vehicle sales establishment 1 space per 35 m2 [376.7 ft.2] of open storage or gross sales area plus 1 space per employee Factory Outlet, Retail Outlet 1 space per 28 m2 [301.3 ft.2] of gross floor area plus required spaces for an industrial use or commercial use Garden centre and nursery 1 space per 30 m2 [322.9 ft.2] of gross floor area General business including: adult video rental, animal day care establishment, antique store, bake shop, bank, brewery and winery, catering establishment, commercial and personal service establishment, dry cleaning or laundry outlet, office, grocery store, laundromat, microbrewery, pet grooming establishment, rental store, retail store, service outlet or shop, shopping centre, tourist outfitters establishment, video rental outlet, wholesale establishment 1 space per 28 m2 [301.3 ft.2] of gross floor area Township of Baldwin Zoning By-law File P-2895 Page 108 Table 4.21 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Group Home 2 spaces plus the required parking for the dwelling Home Based Business A minimum of one (1) parking space and a maximum of three (3) parking spaces shall be permitted in addition to the required parking for the dwelling Hotel, Motel, Tourist Establishment 1 space per guest unit, plus 1 space per 12 m2 [129.1 ft.2] of gross floor area dedicated to administrative, banquet and meeting facilities Industrial use, abattoir, agricultural-related use, bakery, custom work shop, studio, 1 space per 40 m2 [430.5 ft.2] of gross floor area Industrial Use for storage including a warehouse, cold storage facility, transportation depot or truck terminal 1 space per 75 m2 [807.3 ft.2] of gross floor area Place of amusement, arcade, recreational commercial establishment, fitness centre, massage parlour, wellness centre 1 space for every 4 persons that can be accommodated Township of Baldwin Zoning By-law File P-2895 Page 109 Table 4.21 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Place of worship 1 space for every 5 seats, fixed or otherwise Restaurant, Tavern 1 parking space per 10 m2 [107.64 ft.2] School - elementary 1.5 spaces per classroom plus 6 spaces for visitors School - secondary or private 4 spaces per classroom plus 8 spaces for visitors 4.22 Parts of Buildings or Structures Permitted Above Height Level 1. The height regulations in this By-law shall not apply to any of the following: a. Air conditioning system b. Chimney c. Church spire or belfry or turret d. Communications facility e. Drying tower f. Elevator or stairway enclosure g. Enclosed mechanical and electrical equipment h. Farm buildings and structures including but not limited to a barn, silo or windmill i. Flag pole j. Hydro electric transmission tower or pole k. Ornamental dome or clock tower l. Receiving and transmitting antenna Township of Baldwin Zoning By-law File P-2895 Page 110 m. Receiving stations n. Satellite dish/receiver o. Skylight p. Solar collector/commercial solar collector q. Ventilating fan or skylight r. Water tower s. Wind Turbine/commercial wind turbine 2. The minimum setbacks in all directions for a communications facility shall be the equivalent of the height of the tower except where such facility is authorized and/or approved by Industry Canada. 4.23 Permitted Projections Every part of any yard required by this By-law shall be left open and unobstructed by any structure from the ground to the sky except that those structures listed in Table 4.23 shall be permitted to project into the minimum yards required by this By- law for the following specified distances: Township of Baldwin Zoning By-law File P-2895 Page 111 Table 4.23 - Permitted Projections STRUCTURE MAXIMUM PROJECTION INTO REQUIRED YARD Chimney breasts, cornices, sills, bay windows, pilasters, eaves or gutters, solar collectors where attached to a building, shutters cornices, parapets or other ornamental structures 0.75 m [2.46 ft.] into any required front yard, rear yard or interior side yard Canopies which are at least 2.13 m (7 ft.) in vertical clearance above the established grade, with or without supporting posts 2 m [6.5 ft.] into any required yard Canopies for entrances to apartment buildings and commercial buildings Despite any other provisions in this By-law, a canopy or portico over a major entrance to an apartment building or commercial building may project into the required yard a distance equal to one-half (½) the setback of the building from the street line Window awnings 1.2 m [3.9 ft.] into any required yard Steps, ramps and walkways for use by persons with disabilities No maximum into any required yard provided they are no closer than 0.5 m [1.6 ft.] to any lot line Porch, uncovered platform landing, patio or deck, balconies or steps No maximum into any side yard provided they are no closer than 0.5 m [1.6 ft.] to any lot line and 3 m [9.8 ft.] into any required front or rear yard Air conditioner 0.5 m [1.6 ft.] into any yard Fire escapes, exterior stair cases from a building having two storeys or more above grade 1.5 m [4.92 ft.] into an interior side or rear yard only Township of Baldwin Zoning By-law File P-2895 Page 112 4.24 Prohibited Uses The following uses are prohibited in any zone, unless otherwise permitted by this by-law: 1. Adult Entertainment Parlour and Body Rub Parlour; and 2. The use of any accessory building or structure, boathouse or storage container for human habitation except as permitted in Section 41.2.; and 3. The storage of inoperative rail cars, streetcars, buses, truck bodies or trailers without wheels; and 4. The parking or storage of commercial motor vehicles or inoperative farm vehicles on a vacant lot; and Heat pump or geothermal power facility 1.5 m [5 ft.] into an interior side yard or rear yard Accessory building As permitted by and as specified in this By-law Fences, hedges, shrubs, trees, freestanding walls and retaining walls, flagpoles, light standards, garden trellises, clothes lines, bicycle racks and similar structures or features No maximum into any yard except with respect to the zone regulations for a sight triangle Solar collector, wind turbine, No maximum into any rear yard only provided they are no closer than 3 m [9.8 ft.] to an interior side yard or rear yard lot line Commercial Solar Collector, commercial wind turbine No maximum into any yard provided they are no closer than 3 m [9.8 ft.] to an interior side yard or rear yard lot line or 10 m [32.8 ft.] from a street line Township of Baldwin Zoning By-law File P-2895 Page 113 5. The outdoor storage of partially dismantled and/or unlicensed motor vehicles or recreational vehicles, or trailers or motor vehicle or trailer parts; and 6. Obnoxious uses; and 7. Smelters, ethanol plants, the manufacturing, refining, rendering or distillation of acid, ammonia, chlorine, coal, coal oil, creosote, explosives, fireworks, glue, petroleum, tar or other gases; and 8. The bulk storage of industrial chemicals, and hazardous waste, or liquid industrial waste as defined under the Environmental Protection Act, R.S.O., c. E.19, as amended. 4.25 Sight Triangle 1. Within any area defined as a sight triangle, the following uses shall be prohibited: a. A building, structure, or use which would obstruct the vision of drivers of motor vehicles. b. A fence, tree, hedge, bush or other vegetation, other than agricultural crops. c. Any portion of a delivery space, loading space, driveway or parking space. d. A berm or other ground surface which exceeds the elevation of the street by more than 0.6 m [1.96 ft.]. 2. For the purposes of this By-law, the following sight triangle distances shall apply (see definition of sight triangle for measurement of distances): a. 15 m [49.2 ft.] in all commercial and industrial zones. b. 5 m [16.4 ft.] in all other zones. c. Despite the above in any zone where any street crosses a railway at the same grade the railway shall be deemed to be a street and a sight distance of forty-five metres (45 m [147.6 ft.]) shall be required measured from the point of intersection Figure 4.4: Sight Triangle Township of Baldwin Zoning By-law File P-2895 Page 114 of the centre line of the railway right-of-way and the street line abutting the lot [see Figure 4.4]. 4.26 Signs Unless otherwise stated in this By-law, signs shall be permitted only in accordance with the Signs By-law(s) of the Corporation. 4.27 Streets, Parks, Playgrounds and Community Gardens In any zone established by this By-law, streets, walkways, bike paths, parks, playgrounds and community gardens shall be permitted. 4.28 Temporary Buildings or Structures During Construction 1. Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building or structure or a scaffold or other equipment essential to the construction in progress for which a building permit has been granted, but only until such time as the work has been finished or abandoned or such equipment is no longer required. 2. In addition, temporary accommodation may be permitted on a lot where a building or structure for which a building permit has been granted and is under construction provided the form of temporary accommodation is limited to a mobile, relocatable, portable or transportable building or structure provided: a. Approval is obtained from the Corporation. b. Such temporary accommodation is removed from the lot immediately upon completion of construction or abandonment of construction. 3. Nothing in this By-law shall prevent the use of land or the use or erection of a temporary sales or rental office for which a building permit has been issued and/or approval is obtained from the Corporation. 4.29 Use by Public Authority or Public Utility The provisions of this By-law shall not apply to limit the use of any land or to the erection or use of any building or structure for a utility installation or municipal infrastructure for the purpose of a public service use by the Township of Baldwin and/or any public authority, any department of the Government of Ontario or Canada, including any Hydro One facilities and a federally or provincially regulated utility of communication service pursuant to the Planning Act, provided that where such Township of Baldwin Zoning By-law File P-2895 Page 115 land, building or structure is located in a residential zone (see Section 5.2 for list of zones) or on a lot adjacent to a residential zone: 1. No goods, materials or equipment shall be stored in the open. 2. The lot coverage and setback regulations of the zone in which such land, building or above ground structure is located shall be complied with. 3. Any building erected under the authority of this section shall not be used for the purpose of an office except for a government building. 4. The regulations for parking spaces and loading regulations as contained in this By-law shall be complied with. 5. Communications facilities shall comply with federal government requirements for construction and safety. 6. Secondary uses, such as active and passive recreation, agriculture, community gardens, other utilities, and uses such as parking lots and outdoor storage that are accessory to adjacent lands uses, are encouraged on hydro corridor lands, where compatible with surrounding land uses. However, a proponent should be aware of the primacy of electricity transmission and distribution facilities and that secondary uses require technical approval from Hydro One Networks. 4.30 Water and Sewage Disposal Systems No person shall erect or use in whole or in part, any building or structure unless the use, building or structure is properly connected to approved water and sewage systems under the Ontario Water Resources Act or the Building Code Act unless the use is exempted under the Building Code Act or prohibited or regulated by this By-law. 4.31 Zones Applying to More than One Properties Where a lot is divided into more than one zone, each such portion of the lot shall be used in accordance with the provisions of this By-law for the zone where such portion of the lot is located. Each such portion of the lot shall be considered as a separate lot for the purposes of determining zone provisions. Township of Baldwin Zoning By-law File P-2895 Page 116 Section 5 ZONES 5.1 Zone Classification For the purposes of this By-law, the Township of Baldwin is divided into the following zones as named and described in the following sections, the boundaries of which are shown on the attached Schedules which are attached to and form part of this By-law. Exceptions to Zones are set out in Section 22 of this By-law and are deemed to be part of this By-law. 5.2 Zones Zones Name of Zone Zone Symbol Residential Zones Residential Low Density R1 Residential Multiple R2 Residential Mobile Home R3 Seasonal and Waterfront Residential R4 Commercial Zones General Commercial C1 Highway Commercial C2 Resort Commercial C3 Industrial Zones Light Industrial M1 Township of Baldwin Zoning By-law File P-2895 Page 117 Rural Industrial M2 Waste Management M3 Aggregate Extractive MX Mining MIN Other Zones Rural RU Institutional I Open Space OS Environmental Protection EP 5.3 Use of Zone Symbols The symbols listed in Section 5.2 may be used to refer to any of the uses of land, buildings or structures permitted by this By-law (including the zoning schedules) in the said zones, and the intent of the By-law is that the associated zone regulations apply. 5.4 Holding Zone "h" Designation Any zone classification may be placed in a Holding Zone by adding to the zone symbol the letter "h". No development is permitted on lands where the "h" symbol appears until the applicable conditions have been met and the "h" is lifted by an amendment to this By-law under Section 36 of the Planning Act. 5.5 Interpretation of Zone Boundaries When determining the boundary of any zone as shown on any Schedule forming part of this By-law, the following provisions shall apply: 1. A boundary indicated as following a highway, street, private road or lane shall follow the centre line of such highway, street, private road or lane. Township of Baldwin Zoning By-law File P-2895 Page 118 2. A boundary indicated as following a water body or the right-of-way of a railway or an electrical, gas or oil transmission line shall follow the centre line of such water body or right-of-way. 3. A boundary indicated as following the high water mark shall follow such high water mark, and in the event of a change in the high water mark, the boundary shall be construed as moving with the actual high water mark. 4. A boundary indicated as approximately following lot lines shown on a Registered Plan of Subdivision, or Reference Plan, or Township lot lines shall follow such lot lines. 5. Where a boundary is indicated as approximately parallel to a street line or other feature, indicated in clause (1), (2), and (3) above, and the distance from such street line or other feature is not indicated, and clause (4) above is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance there from shall be determined according to the scale shown on the appropriate Schedule. 6. A boundary indicated as following the limits of the Municipality shall follow such limits. 7. In the event a dedicated street, lane or right-of-way shown on any Schedule forming part of this By-law is closed, the property formerly in such street, lane or right-of-way shall be included within the zone of the adjoining property on either side of such closed street, lane or right-of-way. If a closed street, lane or right-of-way is the boundary between two or more different zones the new zone boundaries shall be the former centre line of the closed street, lane or right-of-way. 8. Where any zone boundary or a dimension is left uncertain after the application of the above provisions, then the boundary or dimension shall be determined from the zoning schedule using the scale bar thereon. Township of Baldwin Zoning By-law File P-2895 Page 119 Section 6 RESIDENTIAL LOW DENSITY (R1) ZONE No person shall use any land or erect, alter or use any building or structure in the Residential Low density (R1) Zone except in accordance with the following zone regulations: 6.1 Permitted Uses 6.1 - R1 Permitted Uses Principle Use Accessory Use - Duplex Dwelling - Semi-detached Dwelling - Single Detached Dwelling - Two-Unit Dwelling - Group Home (see 4.10 - Crisis Care Facility - Park, Playground, Community Garden (see 4.27) - Public Service Use (see 4.29) - Accessory Use, Building or Structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Bed & Breakfast Establishment (see 4.1.3) - Fences (see 4.1.6) - Garden Suite (see 4.1.8) - Home Based Business (see 4.11) - Private Home Daycare - Storage Container (see 4.1.10) - Swimming Pool (see 4.1.12) - Temporary Car Shelter (see 4.1.13) Township of Baldwin Zoning By-law File P-2895 Page 120 6.2 Zone Regulations 6.2 - R1 Zone Regulations Duplex Dwelling, Semi- detached Dwelling, Single Detached Dwelling, Two- Unit Dwelling, Group Home, Crisis Care Facility Non-Residential Use: Public Service Use, Park, Playground, Community Garden Accessory Use, Building or Structure Minimum Lot Area: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 1,400 m2 [15,069 ft.2] 2. 0.8 ha [2 ac.] 1. 1,400 m2 [15,069 ft.2]1 2. 0.8 ha [2 ac.]1 n/a Minimum Lot Frontage: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 23 m [75.4 ft.] 2. 30 m [98.4 ft.] 1. 23 m [75.4 ft.]1 2. 30 m [98.4 ft.]1 n/a Minimum Front Yard 6 m [19.6 ft.] 6 m [19.6 ft.] same as principle use Minimum Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] 1.2 m [3.93 ft.] Minimum Interior Side Yard 2 m [6.56 ft.] 2 m [6.56 ft.] 1.2 m [3.93 ft.] Minimum Exterior Side Yard 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] Maximum Height 10.5 m [34.4 ft.] 10.5 m [34.4 ft.] 6 m [19.6 ft.] Township of Baldwin Zoning By-law File P-2895 Page 121 6.2 - R1 Zone Regulations Maximum Lot Coverage: 30% 30% 10% included in total Minimum Dwelling Unit Area 83 m2 [893.4 ft.2] n/a n/a Maximum No. Dwellings per lot (excluding a Garden Suite) 1 n/a n/a Separation Distance between the main building and any accessory building 2 m [6.56 ft.] 2 m [6.56 ft.] 2 m [6.56 ft.] Separation Distance between any permitted main building or accessory building and any storage container (see 4.1.10) 4 m [13.1 ft.] 4 m [13.1 ft.] 5 m [13.1 ft.] 1. Zone regulation does not apply to a park, playground or community garden. Township of Baldwin Zoning By-law File P-2895 Page 122 6.3 Additional Regulations 1. A garden suite shall be subject to a Temporary Use By-law under Section 39 of the Planning Act and shall only be permitted as an accessory use to a single detached dwelling. 2. All applicable provisions of Section 4 - General Provisions shall apply. Township of Baldwin Zoning By-law File P-2895 Page 123 Section 7 RESIDENTIAL MULTIPLE (R2) ZONE No person shall use any land or erect, alter or use any building or structure in the Residential Multiple (R2) Zone except in accordance with the following zone regulations: 7.1 Permitted Uses 7.1 - R2 Permitted Uses Principle Use Accessory Use - Apartment Dwelling - Boarding House - Multiple Unit Dwelling - Row House or Townhouse - Triplex Dwelling - Group Home (see 4.10) - Continuum-of-Care Facility - Park, Playground, Community Garden (see 4.27) - Public Service Use (see 4.29) - Accessory Use, Building or Structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Additional Residential Unit to a Row House or Townhouse - Bed & Breakfast Establishment (see 4.1.3) - Fences (see 4.1.6) - Garden Suite (see 4.1.8) - Home Based Business (see 4.11) - Storage Container (see 4.1.10) - Swimming Pool (see 4.1.12) - Temporary Car Shelter (see 4.1.13) Township of Baldwin Zoning By-law File P-2895 Page 124 7.2 Zone Regulations 7.2 - R2 Zone Regulations Row or Townhouse Dwelling Apartment Dwelling, Boarding House, Multiple Unit Dwelling, Continuum-of- Care Facility Accessory Use, Building or Structure Minimum Lot Area: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 700 m2 [7,534.9 ft.2] per dwelling unit 2. 0.4 ha [1 acre] per dwelling unit 1. 700 m2 [7,534.9 ft.2] per dwelling unit or patient suite in a Continuum- of-care facility 2. 0.4 ha [1 acre] per dwelling unit n/a Minimum Lot Frontage: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 15 m [49.2 ft.] per dwelling unit 2. 23 m [75.4 ft.] per dwelling unit 1. 25 m [82.0 ft.] 2. 45 m [157.6 ft.] n/a Minimum Front Yard 6 m [19.6 ft.] 6 m [19.6 ft.] 6 m [19.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] 1.2 m [3.93 ft.] Township of Baldwin Zoning By-law File P-2895 Page 125 7.2 - R2 Zone Regulations Row or Townhouse Dwelling Apartment Dwelling, Boarding House, Multiple Unit Dwelling, Continuum-of- Care Facility Accessory Use, Building or Structure Minimum Interior Side Yard 2 m [6.56 ft.] [see Section 7.3(1)] 4 m [13.1 ft.] 1.2 m [3.93 ft.] Minimum Exterior Side Yard 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] Maximum Height 10.5 m [34.4 ft.] 15 m [49.2 ft.] 6 m [19.6 ft.] Maximum Lot Coverage 1. 35% 1. 35% 1. 10% included in total Minimum Dwelling Unit Area 83 m2 [893.4 ft.2] 1. Bachelor - 37 m2 [398.2 ft.2] 2. 1 bedroom - 42 m2 [452.0 ft.2] 3. 2 bedroom - 55 m2 [592.0 ft.2] 4. 3 bedroom - 70 m2 [753.4 ft.2] n/a Minimum Number of Dwelling Units Per Lot 3 for a Row or Townhouse Dwelling n/a n/a Township of Baldwin Zoning By-law File P-2895 Page 126 7.2 - R2 Zone Regulations Row or Townhouse Dwelling Apartment Dwelling, Boarding House, Multiple Unit Dwelling, Continuum-of- Care Facility Accessory Use, Building or Structure Separation Distance between the main building and any accessory building 2 m [6.56 ft.] 2 m [6.56 ft.] 2 m [6.56 ft.] Separation Distance between any permitted main building or accessory building and any storage container (see 4.1.10) 4 m [13.1 ft.] 4 m [13.1 ft.] 4 m [13.1 ft.] 7.3 Additional Regulations 1. The minimum interior side yard shall not apply to the common wall of a row or townhouse dwelling. 2. All applicable zone regulations of Section 4 - General Provisions shall apply. 3. For regulations governing all uses in this zone not identified on the R2 zone regulations schedule, the R1 zone regulations schedule shall be used. Township of Baldwin Zoning By-law File P-2895 Page 127 Section 8 RESIDENTIAL MIXED MOBILE HOME (R3) ZONE No person shall use any land or erect, alter or use any building or structure in the Residential Mixed Mobile Home (R3) Zone except in accordance with the following zone regulations: 8.1 Permitted Uses 88.1 - R3 Permitted Uses Principle Use Accessory Use - Mobile Home - Group Home (see 4.10) - Park, Playground, Community Garden (see 4.27) - Public Service Use (see 4.29) - Accessory Use, Building or Structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Bed & Breakfast Establishment (see 4.1.3) - Fences (see 4.1.6) - Garden Suite (see 4.1.8) - Home Based Business (see 4.11) - Storage Container (see 4.1.10) - Swimming Pool (see 4.1.12) - Temporary Car Shelter (see 4.1.13) Township of Baldwin Zoning By-law File P-2895 Page 128 8.2 Zone Regulations 8.2 - R3 Zone Regulations Mobile Home, Group Home Non-Residential Use: Public Service Use, Park, Playground, Community Garden Accessory Use, Building or Structure Minimum Lot Area: 1. Mobile Home Park 2. Mobile Home Site with Municipal Water and/or Sewage System 3. Mobile Home Site with Individual On-site Water and Sewage System 1. 3 ha [7.4 ac.] 2. 1,250 m2 [13,455.3 ft.2] 3. 0.4 ha [1 ac.] See regulations from R1 Zone n/a Minimum Lot Frontage: 1. Mobile Home Park 2. Mobile Home Site with Municipal Water and/or Sewage System 3. Mobile Home Site with Individual On-site Water and Sewage System 1. 135 m [443 ft.] 2. 23 m [75.4 ft.] 3. 45 m [147.6 ft.] n/a Minimum Front Yard 6 m [19.6 ft.] 6 m [19.6 ft.] Minimum Rear Yard 6 m [19.6 ft.] 1.2 m [3.93 ft.] Minimum Interior Side Yard 2 m [6.56 ft.] 1.2 m [3.93 ft.] Township of Baldwin Zoning By-law File P-2895 Page 129 8.2 - R3 Zone Regulations Mobile Home, Group Home Non-Residential Use: Public Service Use, Park, Playground, Community Garden Accessory Use, Building or Structure Minimum Exterior Side Yard 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] Maximum Height 6 m [19.6 ft.] 6 m [19.6 ft.] Maximum Lot Coverage per Mobile Home Site 30% 10% included in total Maximum No. Dwellings per Mobile Home Site 1 n/a Separation Distance between the main building and any accessory building 2 m [6.56 ft.] 2 m [6.56 ft.] Separation Distance between any permitted main building or accessory building and any storage container (see 4.1.10) 4 m [13.1 ft.] 4 m [13.1 ft.] 8.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. An additional residential unit is not a permitted use to any residential use in the R3 Zone. Township of Baldwin Zoning By-law File P-2895 Page 130 Section 9 SEASONAL AND WATERFRONT RESIDENTIAL (R4) ZONE No person shall use any land or erect, alter or use any building or structure in the Seasonal and Waterfront Residential (R4) Zone except in accordance with the following zone regulations: 9.1 Permitted Uses 9.1 - R4 Permitted Uses Principle Use Accessory Use - Single Detached Dwelling - Seasonal Dwelling - Group Home (see 4.10) - Park, Playground, Community Garden (see 4.27) - Public Service Use (see 4.29) - Accessory Use, Building or Structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Bed & Breakfast Establishment (see 4.1.3) - Fences (see 4.1.6) - Garden Suite (see 4.1.8) - Home Based Business (see 4.11) - Home Industry (see 4.12) - Storage Container (see 4.1.10) - Swimming Pool (see 4.1.12) - Temporary Car Shelter (see 4.1.13) 9.2 Zone Regulations 9.2 - R4 Zone Regulations Single Detached Dwelling, Seasonal Dwelling, Group Home Non-Residential Use: Public Service Use, Park, Playground, Community Garden Use Accessory Use, Building or Structure Minimum Lot Area 0.8 ha [1.97 acres] n/a n/a Minimum Lot Frontage: 61 m [200 ft.] n/a n/a Township of Baldwin Zoning By-law File P-2895 Page 131 9.2 - R4 Zone Regulations Minimum Front Yard with water frontage 30 m [98.4 ft.] 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Front Yard with no water frontage 7.5 m [24.6 ft.] 11 m [36 ft.] 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] 1.2 m [3.93 ft.] Minimum Interior Side Yard 3 m [9.84 ft.] 3 m [9.84 ft.] 3 m [9.84 ft.] Minimum Interior Side Yard: Guest House or Garden Suite n/a n/a 6 m [19.6 ft.] Minimum Exterior Side Yard 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] Maximum Height 10.5 m [34.4 ft.] 10.5 m [34.4 ft.] 6 m [19.6 ft.] Maximum Lot Coverage 1. 5%/0.8 ha or greater 2. 10%/lot up to 0.8 ha 1. 5%/0.8 ha or greater 2. 10%/lot up to 0.8 ha 1. 1% not included in total/0.8 ha or greater 2. 3%/lot up to 0.8 ha Coverage not to exceed maximum gross floor area Minimum Dwelling Unit Area 52 m2[559.7 ft.2] n/a n/a Maximum No. Dwellings per lot (excluding a Garden Suite) 1 n/a n/a Maximum Gross Floor Area n/a n/a 112 m2 [1,205.5 ft.2] Township of Baldwin Zoning By-law File P-2895 Page 132 9.2 - R4 Zone Regulations Separation Distance between the main building and any accessory building 2 m [6.56 ft.] 2 m [6.56 ft.] 2 m [6.56 ft.] Separation Distance between any permitted main building or accessory building and any storage container (see 4.1.10) 4 m [13.1 ft.] 4 m [13.1 ft.] 3 m [13.1 ft.] 9.3 Additional Regulations 1. All applicable zone regulations of Section 4 - General Provisions shall apply. (See 4.17.5 for water body setbacks.) 2. A Group Home shall only be permitted on an improved street. 3. Frontage on a street shall be exempted for a water access lot and an island (see 4.9). 4. No development shall be permitted on any island zoned R4 or for a water access lot unless provision is made for public access on the same water body and that provision is made for main land parking. 5. An additional residential unit is not a permitted use to any residential use in the R4 Zone. Township of Baldwin Zoning By-law File P-2895 Page 133 Section 10 GENERAL COMMERCIAL (C1) ZONE No person shall use any land or erect, alter or use any building or structure in the General Commercial (C1) Zone except in accordance with the following zone regulations: 10.1 Permitted Uses 10.1 - C1 Permitted Uses Principle Commercial Uses - Animal Day Care Establishment - Animal Shelter - Antique Store - Arcade - Auction Hall - Bake Shop - Bakery - Bank and Financial Institution - Bait Fish Sales Establishment - Bed and Breakfast Establishment - Bingo Hall - Brewery or Winery - Catering Establishment - Clinic - Commercial Parking Lot - Convenience Store - Custom Workshop - Day Nursery - Drive-Through Facility - Dry Cleaning or Laundry Outlet - Entertainment Establishment - Farmer's Market - Fitness Centre - Funeral Home - Hotel - Laundromat - Marina - Microbrewery - Mixed Use Building - Motel - Museum - Office - Park, Community Garden - Personal Service Establishment - Pet Grooming Establishment - Pet Shop - Place of Assembly - Place of Amusement - Printing and Processing Service Shop - Private Club - Private School - Public Service Use (see 4.29) - Recreational Commercial Establishment - Restaurant - Retail Outlet - Retail Store - Service Outlet or Shop - Shopping Centre - Studio - Tavern - Taxi Stand - Tourist Establishment - Tourist Outfitters Establishment - Video Rental Outlet - Wellness Centre Township of Baldwin Zoning By-law File P-2895 Page 134 10.1 - C1 Permitted Uses Permitted Commercial Use - Accessory use, building or structure (see 4.1) - Drive-through Facility (see 4.21.3) - Fence (see 4.1.7) - Parking Area - Storage Container (see 4.1.11) Permitted Residential Use - Accessory Dwelling Unit including a mobile home - Fences (see 4.1.6) - Garden Suite (see 4.1.8) - Home Based Business (see 4.11) - Home Industry (see 4.12) - Storage Container (see 4.1.10) - Swimming Pool (see 4.1.12) - Temporary Car Shelter (see 4.1.13) Township of Baldwin Zoning By-law File P-2895 Page 135 10.2 Zone Regulations 10.2 - C1 Zone Regulations Permitted Use Accessory Use, Building or Structure Minimum Lot Area: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 0.4 [0.98 ac.] 2. 0.8 ha [2.47 acres] n/a Minimum Lot Frontage: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 30 m [98.4 ft.] n/a Minimum Front Yard 6 m [19.6 ft.] 6 m [19.6 ft.] Minimum Rear Yard 3m [9.84 ft.] or 7.5 m [24.6 ft.] if the lot abuts a residential or institutional zone. 1 m [3.28 ft.] or 5 m [16.4 ft.] if the lot abuts a residential or institutional zone. Township of Baldwin Zoning By-law File P-2895 Page 136 10.2 - C1 Zone Regulations Minimum Interior Side Yard 3m [9.84 ft.] or 7.5 m [24.6 ft.] if the lot abuts a residential or institutional zone. 1 m [3.28 ft.] or 5 m [16.4 ft.] if the lot abuts a residential or institutional zone. Minimum Exterior Side Yard 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] Maximum Height 15 m [49.2 ft.] 15 m [49.2 ft.] except a storage container Maximum Lot Coverage 80% 10% included in total Separation Distance between the main building and any accessory building 3m [9.84 ft.] 3m [9.84 ft.] 10.3 Additional Regulations 1. All applicable zone regulations of Section 4 - General Provisions shall apply 2. Residential uses shall be restricted to the second storey in a mixed use building. 3. Residential uses shall not be permitted in a commercial building where hazardous substances are used for business purposes including but not limited to paints, cleaning fluids, gasoline and petroleum products or any highly flammable, toxic or explosive product. Township of Baldwin Zoning By-law File P-2895 Page 137 Section 11 HIGHWAY COMMERCIAL (C2) ZONE No person shall use any land or erect, alter or use any building or structure in the Highway Commercial (C2) Zone except in accordance with the following zone regulations: 11.1 Permitted Uses 11.1 - C2 Permitted Uses Principle Commercial Uses - Ambulance Facility - Animal Shelter - Auction Hall - Auto Body Shop - Automotive Sales Establishment - Auto Repair Garage - Automotive Service Station - Bait Fish Establishment - Brewery or Winery - Building Supply Store - Car Wash - Clinic - Commercial Greenhouse, Nursery or Garden Centre - Commercial Solar Collector (see 4.24) - Commercial Wind Turbine (see 4.24) - Communications Facility (see 4.9.1 & 4.22.2) - Commercial Parking Lot - Convenience Store - Drive-Through Facility - Existing Retail Store - Farmer's Market - Funeral Parlour - Furniture Store - Gas Bar - Hotel - Laundromat - Motel - Office - Personal Service Establishment - Public Service Use (see 4.29) - Recreational Commercial Establishment - Recreational Vehicle Sales, and Storage - Restaurant - Self-Storage Facility - Service Outlet or Shop - Shopping Centre - Studio - Tavern - Tourist Establishment - Tourist Outfitters Establishment - Wholesale Establishment - Vehicle Compound - Video Rental Outlet - Warehouse Accessory Uses Township of Baldwin Zoning By-law File P-2895 Page 138 11.1 - C2 Permitted Uses Permitted Commercial Use - Accessory use, building or structure (see 4.1) - Drive-through Facility - Fences (see 4.1.7) - Parking Area - Storage Container (see 4.1.11) 11.2 Zone Regulations 11.2 - C2 Zone Regulations Permitted Use Accessory Use, Building or Structure Minimum Lot Area: 1 Municipal Water and/or Sewage System 2 Individual On-site Water and Sewage System 0.8 ha [2.47 acres] n/a Minimum Lot Frontage 30 m [98.4 ft.] n/a Minimum Front Yard 15 m [49.2 ft.] 15 m [49.2 ft.] Minimum Rear Yard 8 m [26.2 ft.] 1 m [3.28 ft.] or 5 m [16.4 ft.] if the lot abuts a residential zone. Minimum Interior Side Yard 3m [9.84 ft.] or 7.5 m [24.6 ft.] if the lot abuts a residential or institutional zone. 1 m [3.28 ft.] or 5 m [16.4 ft.] if the lot abuts a residential zone. Minimum Exterior Side Yard 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] Maximum Height 15 m [49.2 ft.] 15 m [49.2 ft.] except a storage container Township of Baldwin Zoning By-law File P-2895 Page 139 11.2 - C2 Zone Regulations Maximum Lot Coverage: 1 Municipal Water and/or Sewage System 2 Individual On-site Water and Sewage System 50% 10% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] 11.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. Residential uses shall not be permitted in a commercial building where hazardous substances are used for business purposes including but not limited to paints, cleaning fluids, gasoline and petroleum products or any highly flammable, toxic or explosive product. Township of Baldwin Zoning By-law File P-2895 Page 140 Section 12 RESORT COMMERCIAL (C3) ZONE No person shall use any land or erect, alter or use any building or structure in the Resort Commercial (C3) Zone except in accordance with the following zone regulations: 12.1 Permitted Uses 12.1 - C3 Permitted Uses Principle Use Accessory Use - Adventure Game - Driving Range - Golf Course - Marina - Marine and Recreational Vehicle Sales and Service - Park - Shooting Range - Tourist Establishment - Tourist Outfitters Establishment - Accessory use, building or structure (see 4.1) - Storage Container (see 4.1.11) - Campground - Accessory Dwelling - Accessory use, building or structure (see 4.1) - Convenience Store - Restaurant - Storage Container (see 4.1.11) - Public Service Use (see 4.29) - Accessory use, building or structure (see 4.1) - Fences (see 4.1.7) Township of Baldwin Zoning By-law File P-2895 Page 141 12.2 Zone Regulations 12.2 - C3 Zone Regulations Commercial Use Accessory Use, Building or Structure Minimum Lot Area 2 ha [4.94 acres]1 n/a Minimum Lot Frontage: 60 m [196.8 ft.] n/a Minimum Front Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Front Yard with Shoreline Frontage 30 m [98.4 ft.]2 30 m [98.4 ft.] Minimum Rear Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Interior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Exterior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Maximum Height 10.5 m [34.4 ft.] 10.5 m [34.4 ft.] except a storage container Maximum Lot Coverage 20% 2% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] 1. Minimum Lot Area not applicable to a park or public service use. 2. See 4.17.5.1 for setback for Marina. 12.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. Township of Baldwin Zoning By-law File P-2895 Page 142 Section 13 LIGHT INDUSTRIAL (M1) ZONE No person shall use any land or erect, alter or use any building or structure in the Light Industrial (M1) Zone except in accordance with the following zone regulations: 13.1 Permitted Uses 13.1 - M1 Permitted Uses Principle Use Accessory Use Industrial Uses - Bakery - Bulk Fuel Depot - Building Supply Store - Class 1 Industrial Use - Commercial Solar Collector - Communications Facility (see 4.9.1 & 4.22.2) - Construction Yard or Contractors Yard - Custom Workshop - Equipment and Vehicle Storage Yard, Industrial - Machine Shop - Printing and Processing Service Shop - Recycling Station or Transfer Depot - Research Laboratory - Warehouse - Welding Shop - Wind Farm, Commercial Wind Turbine - Work Shop - Accessory use, building or structure (see 4.1) - Fences (see 4.1.7) - Office - Storage Container (see 4.1.11) Commercial Uses - Auto Body Shop - Auto Repair Garage - Commercial Fisheries Use or Fish Hatchery - Commercial Greenhouse - Dry Cleaning or Laundry Plant - Drive-through Facility Township of Baldwin Zoning By-law File P-2895 Page 143 - Equipment Rental Establishment - Office - Public Service Use (see 4.29) - Restaurant - Retail outlet - Service Outlet - Transportation Depot or Truck Terminal 13.2 Zone Regulations 13.2 - M1 Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Lot Area: 1 Municipal Water and/or Sewage System 2 Individual On-site Water and Sewage System 1. 0.4 [0.98 ac.] 2. 0.8 ha [2.47 acres] n/a Minimum Lot Frontage 30 m [98.4 ft.] n/a Minimum Front Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Rear Yard 15 m [49.2 ft.] or 20 m [65.6 ft.] where the yard abuts a residential zone 3 m [9.84 ft.] or 15 m [49.2 ft.] where the yard abuts a residential zone Minimum Interior Side Yard 6 m [19.6 ft.] or 15 m [49.2 ft.] where the yard abuts a residential zone 3 m [9.84 ft.] or 15 m [49.2 ft.] where the yard abuts a residential zone Minimum Exterior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Maximum Height 35 m [114.8 ft.] 15 m [49.2 ft.] except a storage container Township of Baldwin Zoning By-law File P-2895 Page 144 13.2 - M1 Zone Regulations Industrial Use Accessory Use, Building or Structure Maximum Lot Coverage 65% 10% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] 13.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. (See 4.17.3 for minimum separation distances for industrial uses) 2. The building setback shall be exempted for that portion of any lot that abuts a railroad right-of-way. 3. A residential use is not permitted in the M1 Zone. Township of Baldwin Zoning By-law File P-2895 Page 145 Section 14 RURAL INDUSTRIAL (M2) ZONE No person shall use any land or erect, alter or use any building or structure in the Rural Industrial (M2) Zone except in accordance with the following zone regulations: 14.1 Permitted Uses 14.1 - M2 Permitted Uses Principle Use Accessory Use Industrial Uses - Class I, II and III Industrial Use - Asphalt Plant, Batch Plant - Bakery - Bulk Fuel Depot - Bulk Storage Yard - Communications Facility (see 4.9.1 & 4.22.2) - Construction Yard or Contractor's Yard - Electrical Generation or Cogeneration Facility - Equipment and Vehicle Storage Yard, Industrial - Logging Hauler - Lumber Yard - Retail and Supply Services for Mining and Forest Products - Railway Terminal - Salvage Yard - Sawmill and Planing Mill - Service Shop - Transportation Depot or Truck Terminal - Tree Nursery - Warehouse - Welding Shop - Weigh scale - Wind Farm, Commercial Wind Turbine - Workshop - Accessory use, building or structure (see 4.1) - Fences (see 4.1.7) - Office - Storage Container (see 4.1.11) Commercial and Other Uses - Auto Body Shop Township of Baldwin Zoning By-law File P-2895 Page 146 - Auto Repair Garage - Commercial Fisheries Use or Fish Hatchery - Commercial Solar Collector - Commercial Greenhouse - Public Service Use (see Section 4.29) - Transportation Depot or Truck Terminal 14.2 Zone Regulations 14.2 - M2 Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Lot Area 0.8 ha [2.47 acres] n/a Minimum Lot Frontage 30 m [98.4 ft.] n/a Minimum Front Yard 15 m [49.2 ft.] 15 m [49.2 ft.] Minimum Rear Yard 15 m [49.2 ft.] 3 m [9.84 ft.] or 15 m [49.2 ft.] where the yard abuts a residential zone Minimum Interior Side Yard 15 m [49.2 ft.] 3 m [9.84 ft.] or 15 m [49.2 ft.] where the yard abuts a residential zone Minimum Exterior Side Yard 15 m [49.2 ft.] 15 m [49.2 ft.] Maximum Height 35 m [114.8 ft.] 15 m [49.2 ft.] except a storage container Maximum Lot Coverage 65% 10% included in total Township of Baldwin Zoning By-law File P-2895 Page 147 14.2 - M2 Zone Regulations Industrial Use Accessory Use, Building or Structure Separation Distance between the main building and any accessory building 3m [9.84 ft.] 3 m [9.84 ft.] 14.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. The building setback shall be exempted for that portion of any lot that abuts a railroad right-of-way. 3. All salvage yards shall be developed, operated or closed in compliance with the Environmental Protection Act. Where a salvage yard abuts a residential zone or a residential use or a sensitive land use on an adjacent lot, the wrecking yard shall be adequately screened on all sides either naturally or by artificial means (e.g. berm, fence, vegetation or a combination thereof) such that no portion of the operation including any storage area can be seen from a public road or from any other property. 4. A residential use is not permitted in the M2 Zone. Township of Baldwin Zoning By-law File P-2895 Page 148 Section 15 WASTE MANAGEMENT (M3) ZONE No person shall use any land or erect, alter or use any building or structure in the Waste Management (M3) Zone except in accordance with the following zone regulations: 15.1 Permitted Uses 15.1 - M3 Permitted Uses Principle Use Accessory Use - Sewage Works including a waste water stabilization pond - Waste Management Facility - Recycling Depot or Transfer Station - Accessory use, building or structure (see 4.1) - Storage Container (see 4.1.11) 15.2 Zone Regulations 15.2 - M3 Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Lot Area 10 ha [24.7 acres] n/a Minimum Lot Frontage 120 m [393.7 ft.] n/a Minimum Front Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Rear Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Interior Side Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Exterior Side Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Maximum Height 15 m [49.2 ft.] 15 m [49.2 ft.] except a storage container 15.3 Additional Regulations 1. No Waste Management Facility shall be operated without and except in conformity with a currently valid Environmental Compliance Approval issued by the Ministry of the Environment and Climate Change. Township of Baldwin Zoning By-law File P-2895 Page 149 2. All applicable provisions of Section 4 - General Provisions shall apply. (See 4.17.1 for minimum separation distances for waste management facilities.) 3. A residential use is not permitted in the M3 Zone. Township of Baldwin Zoning By-law File P-2895 Page 150 Section 16 AGGREGATE EXTRACTIVE (MX) ZONE No person shall use any land or erect, alter or use any building or structure in the Aggregate Extractive (MX) Zone except in accordance with the following zone regulations: 16.1 Permitted Uses 16.1 - MX Permitted Uses Principle Use Accessory Use - Mineral Aggregate Operation - Pit - Portable Asphalt Plant - Public Utility - Quarry - Wayside Pit - Wayside Quarry - Accessory use, building or structure (see 4.1) - Forestry Use - Office - Storage Container (see 4.1.11) 16.2 Zone Regulations 16.2 - MX Zone Regulations Mineral Aggregate Operation, Pit, Quarry Accessory Use, Building or Structure Minimum Lot Area 4 ha [9.88 acres] n/a Minimum Lot Frontage 200 m [656 ft.] n/a Minimum Front Yard and Minimum Exterior Side Yard abutting a street to face of excavation 30 m [98.4 ft.] 30 m [98.4 ft.] or 3 m for an advertising sign, security fence or entrance gate Minimum Shoreline Setback Minimum Rear or Interior Side Yard 15 m [49.2 ft.] or 30 m where lot line abuts a lot occupied or zoned for a residential use Township of Baldwin Zoning By-law File P-2895 Page 151 16.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. (See 4.17.2 for minimum separation distances for pits and quarries.) 2. Any mineral aggregate operation, pit or quarry shall comply with any By-law passed under the Municipal Act governing a mineral aggregate operation, pit or quarry. 3. No person shall pile aggregate, top soil, overburden or locate any processing plant or place or build or extend any building or structure: a. Within 30 m [98.4 ft.] from the lot line of the site. b. Within 90 m 295.2 ft.] from any lot line that abuts an existing residential dwelling or land zoned for residential use. 4. Earth berms intended to screen adjoining lands from the operations on site shall be located no closer than 3 m [9.84 ft.] from any lot line. 5. No mineral aggregate operation shall operate except in compliance with a valid license issued under the Aggregate Resources Act, as amended. 6. No portable asphalt plant, wayside pit or wayside quarry shall operate without a valid Environmental Compliance Approval. a. Development may be serviced with individual on-site water services and individual on-site sewage services. 8. A residential use is not permitted in the MX Zone. 16.4 Zone Exceptions 1. Carlyle Quarry a. That certain lands, legally described as part of the South ½ Lot 8, Concession 2, Township of Baldwin, known locally as the Carlyle Quarry illustrated as Phase 1 on Schedule 'A' to this by-law are hereby zoned as Industrial-Extractive (IE) Zone. b. That certain lands, legally described as part of the South ½ Lot 8, Concession 2, Township of Baldwin illustrated as Phase 2 on Schedule 'A' to this by-law are hereby zoned as Industrial-Extractive (IE-h) Zone. Notwithstanding the holding zone provision, a staging area measuring approximately 100 m by 100 m shall be permitted in the northwest corner of Phase 2 and a haulage route through Phase 2 shall also be permitted. Township of Baldwin Zoning By-law File P-2895 Page 152 c. That other lands, legally described as part of the South ½ Lot 8, Concession 2, Township of Baldwin and illustrated on Schedule 'A' to this by-law are hereby zoned as Environmental Protection Area (EPA) Zone and that the uses in the Environmental Protection Area (EPA) Zone shall be limited to a conservation use where the lands are left in their natural state except to allow for an access haulage route through this area. d. That the zone boundaries of the Industrial-Extractive (IE) Zone and the Industrial-Extractive (IE-h) Zone and the Environmental Protection Area (EPA) Zone are shown on Schedule "A" to this by-law which zone boundaries and map are hereby declared to form part of this by-law. e. That the south limit of Phase 1 illustrated as Phase 1 on Schedule 'A' to this by-law shall be 1,000 m measured as the shortest horizontal distance from a line parallel to the rear lot lines of the lots fronting on the north side of St. Joseph Street in the hamlet of McKerrow to the nearest edge of the south boundary of Phase 1. f. That the south limit of Phase 2 illustrated as Phase 2 on Schedule 'A' to this by-law shall be 750 m measured as the shortest horizontal distance from a line parallel to the rear lot lines of the lots fronting on the north side of St. Joseph Street in the hamlet of McKerrow, and 1,000 m from the rear lot lines of the Highway Commercial uses, respectively to the nearest edge of the south boundary of Phase 2 and that these lands constituting all of Phase 2 shall be placed in the IE-h holding zone subject to clause 2 above. Township of Baldwin Zoning By-law File P-2895 Page 153 g. That the lands within the IE-h holding zone may be used for a mineral aggregate operation with the lifting of the holding zone 'h' symbol and subject to meeting the conditions set out in the Official Plan. Township of Baldwin Zoning By-law File P-2895 Page 154 Section 17 MINING (MIN) ZONE No person shall use any land or erect, alter or use any building or structure in the Mining (MIN) Zone except in accordance with the following zone regulations: 17.1 Permitted Uses 17.1 - MIN Permitted Uses Principle Use Accessory Use - Mining Exploration and prospecting - Mineral Aggregate Operation - Mineral Mining Operation - Supporting infrastructure; for example, water supply and waste disposal facilities, hydroelectric power facilities, natural gas facilities, roads - On-site Smelting and processing - Pit or Quarry - Storage buildings - Forestry Use - Accessory use, building or structure (see 4.1) - Accessory uses essential to mineral extraction operations (e.g. administration offices, weigh scales, assay office, power plant, lunch room, security facilities) and including only an accessory dwelling unit required for security or administration of mining operations. 17.2 Zone Regulations 17.2 - MIN Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Lot Area 4 ha [9.88 acres] n/a Minimum Lot Frontage 200 m [656 ft.] n/a Minimum Front, Rear, Interior and Exterior Side Yards - 50 m [164 ft.] - Pit or Quarry - in accordance with Section 16.2 Township of Baldwin Zoning By-law File P-2895 Page 155 17.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. (See 4.17.3 for minimum separation distances for industrial uses.) 2. All mines and mining operations shall be developed, operated or closed in compliance with the Mining Act and the Environmental Protection Act. 3. Pits and quarries shall be operated in accordance with Section 16. 4. Development may be serviced with individual on-site water services and individual on-site sewage services. 5. A residential use is not permitted in the MIN Zone. Township of Baldwin Zoning By-law File P-2895 Page 156 Section 18 RURAL (RU) ZONE No person shall use any land or erect, alter or use any building or structure in the Rural (RU) Zone except in accordance with the following zone regulations: 18.1 Permitted Uses 18.1 - RU Permitted Uses Principle Use Accessory Use Residential Uses: - Single Detached Dwelling - Seasonal Dwelling - Mobile Home - Group Home (see 4.10) - Crisis Care Facility -Accessory use, building or structure (see 4.1.1) -Accessory Residential Use (see 4.1.2) -Bed & Breakfast Establishment (see 4.1.3) -Fences (see 4.1.6) -Garden Suite (see 4.1.8) -Storage Container (see 4.1.10) -Swimming Pools (see 4.1.12) -Home Industry (see 4.12) Rural Uses: -Agriculture Use -Agriculture Related Use -Ambulance Facility -Animal Day Care Establishment -Animal Shelter -Cemetery -Conservation Use -Equestrian Establishment -Greenhouse -Fairground -Fish Farming -Forestry Use -Hobby Farm -Kennel -Logging Operation -Marine Facility -Outdoor Recreation -Park -Pet Cemetery -Portable Asphalt Plant -Portable Concrete Plant -Public Service Use (see Section 4.29) -Shooting Range or Rifle Club -Wayside Pit or Quarry -Wildlife Management -Accessory use, building or structure (see 4.1.1) -Fences (see 4.1.7) -Accessory Dwelling to an Agricultural Use or Hobby Farm -Farm Produce Outlet accessory to an Agricultural Use -Home Industry (see 4.12) -Storage Container (see 4.1.11) Township of Baldwin Zoning By-law File P-2895 Page 157 18.2 Zone Regulations 18.2 - RU Zone Regulations All Uses Accessory Use, Building or Structure Minimum Lot Area: 1. Residential Use 2. All Other Uses 1. 0.8 ha [2 acres] 2. 4 ha [9.8 acres] n/a Minimum Lot Frontage: 1. Residential Use 2. All Other Uses 1. 30 m [98.4 ft.] 2. 100 m [328.0 ft.] n/a Minimum Front Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Rear Yard 10 m [32.8 ft.] 3m [9.84 ft.] Minimum Interior Side Yard 3m [9.84 ft.] 3m [9.84 ft.] Minimum Exterior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Maximum Height: 1. Residential 2. Non-Residential 1. 10.5 m [34.4 ft.] 2. 20 m [65.6 ft.] 6 m [19.6 ft.] except a storage container Maximum Lot Coverage: 1. Residential Use 2. All Other Uses 1. 5%/0.8 ha or greater 2. 10%/lot up to 0.8 ha 1. 1% not included in total/0.8 ha or greater 2. 3%/lot up to 0.8 ha Minimum Dwelling Unit Area 65 m2 [699.7 ft.2] 65 m2 [699.7 ft.2] Maximum Number of Dwellings (excluding a Garden Suite) 1 n/a Township of Baldwin Zoning By-law File P-2895 Page 158 18.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. Any commercial wind farm and commercial solar collector shall meet the regulations of the Green Energy and Green Economy, Act, 2002. 3. The minimum separation distance between the main wall of a kennel and/or a dog run associated with a kennel and the main wall of an existing dwelling on an adjacent lot shall be 150 m [492 ft.]. 4. Development may be serviced with individual on-site water services and individual on-site sewage services. Township of Baldwin Zoning By-law File P-2895 Page 159 Section 19 INSTITUTIONAL (I) ZONE No person shall use any land or erect, alter or use any building or structure in the Institutional (I) Zone except in accordance with the following zone regulations: 19.1 Permitted Uses 19.1 - I Permitted Uses Institutional Uses - Ambulance Facility - Arena - Art Gallery - Band Shell - Bingo Hall - Cemetery - Clinic - Community Centre - Community Garden - Continuum-of-Care Facility - Court House and Detention Centre - Crisis Care Facility - Curling Rink - Day Nursery - Fire Hall - Fitness Centre - Government Services - Hospital - Institutional Use - Library - Municipal Administration Complex - Municipal Animal Compound - Museum - Nursing Station - OPP Detachment Office - Park - Place of Assembly - Place of Worship - Playground - Post Office - Provincial and federal offices - Public Art Gallery - Public Service Use (see 4.29) - School - Skateboard Park - Splashpad - Swimming pool - Tourist information centre - Training and rehabilitation Centre - Vehicle Compound Accessory Uses Township of Baldwin Zoning By-law File P-2895 Page 160 19.1 - I Permitted Uses Permitted Institutional Use - Accessory use, building or structure (see 4.1) - Fences (see 4.1.7) - Heliport - Parking Area - Storage Container (see 4.1.11) 19.2 Zone Regulations 19.2 - I Zone Regulations Institutional Use Accessory Use, Building or Structure Minimum Lot Area: 3. Municipal Water and/or Sewage System 4. Individual On-site Water and Sewage System 1. 1,500 m2 [16,146.3 ft.2] 2. 0.8 ha [2 acres] n/a Minimum Lot Frontage: 30 m [98.4 ft.] n/a Minimum Front Yard 6 m [19.6 ft.] 6 m [19.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Interior Side Yard 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] Minimum Exterior Side Yard 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] Maximum Height 15 m [49.2 ft.] 15 m [49.2 ft.] [34.4 ft.] except a storage container Maximum Lot Coverage 50% 10% included in total Township of Baldwin Zoning By-law File P-2895 Page 161 19.2 - I Zone Regulations Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] 19.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. Township of Baldwin Zoning By-law File P-2895 Page 162 Section 20 OPEN SPACE (OS) ZONE No person shall use any land or erect, alter or use any building or structure in the Open Space (OS) Zone except in accordance with the following zone regulations: 20.1 Permitted Uses 20.1 - OS Permitted Uses Principle Use Accessory Use - Archeological Resource - Boat Launch and docking facility - Built Heritage Resource - Cemetery - Conservation Use - Community Garden - Cultural Heritage Landscape - Forestry use - Golf Course - Outdoor rink - Park - Playground - Recreational Facilities - Skateboard Park - Ski Hill - Sports Field - Accessory use, building or structure including an information kiosk, interpretation center, food concession or refreshment pavilion (see 4.1) 20.2 Zone Regulations 20.2 - OS Zone Regulations Open Space Use Accessory Use, Building or Structure Minimum Lot Area n/a n/a Minimum Lot Frontage n/a n/a Minimum Lot Depth n/a n/a Township of Baldwin Zoning By-law File P-2895 Page 163 20.2 - OS Zone Regulations Minimum Front Yard 6 m [19.6 ft.] 6 m [19.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Interior Side Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Exterior Side Yard 4.5 m [14.7 ft.] 4.5 m [14.7 ft.] Maximum Height 10 m [32.8 ft.] 10 m [32.8 ft.] 20.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. Township of Baldwin Zoning By-law File P-2895 Page 164 Section 21 ENVIRONMENTAL PROTECTION (EP) ZONE No person shall use any land or erect, alter or use any building or structure in the Environmental Protection (EP) Zone except in accordance with the following zone regulations: 21.1 Permitted Uses 21.1 - EP Permitted Uses Principle Use Accessory Use - Agricultural Use - Conservation Use - Community Garden - Flood Control Infrastructure - Forestry use - Accessory use excluding any buildings or structures except infrastructure incidental to a water supply or waste water treatment facility such as a water intake or sewer outfall but not including the main building of a water filtration plant or waste water treatment facility - Buildings or structures intended for flood or erosion control or slope stabilization 21.2 Zone Regulations 1. Existing setbacks for existing uses shall apply. 21.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. Township of Baldwin Zoning By-law File P-2895 Page 165 Section 22 Exceptions to Zones Zone Location Uses Prohibited Zone Regulations RU Lot 6, Concession 1, Parcel 4962 Development permitted on an undersized lot measuring 473.33 feet by 479.4 feet in frontage and 84.69 feet and 118.66 feet in lot depth. RU West ½ of Lot 8, Concession 1, Parcel 16279 Development permitted on an undersized lot measuring 22.86 feet in frontage and56.388 feet in lot depth. R1 Lot 7, Concession1, Parcel 1993 Development of a single detached dwelling permitted on a lot with 8,175 m2 RU Lot 5, Concession 1, RP- 53R15502, Part 1 Development is permitted on a lot with a lot area of 0.33 ha. IE S ½ Lot 8, Concession 2, Parcel 19587 Permitted uses in the Industrial-Extractive Zone include all uses in the MX Zone (see also Section 16.4) IE S ½ Lot 8, Concession 2, Parcel 19587 Permitted uses in the Industrial-Extractive Zone include all uses in the MX Zone subject to the lifting of the holding zone (h) (see also Section 16.4