This is the exact embedded text of the captured official document.
Snapshot 679ec1ad8a86 · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Zoning By-Law
#140-2002
Date of Original Approval
December 16, 2002
Office Consolidation
January 2020
.
Zoning By-Law #140-2002
Municipality of Brighton
Table of Contents
January 2020
This office consolidation By-law No. 140-2002 (text and schedules), incorporates
all amendments up to and including By-law No. 130-2019 (December 2nd, 2019).
This consolidation has been prepared for convenience purposes only. For
accurate reference, recourse should be had to the official documents on file at
the Planning Department.
Zoning By-Law #140-2002
Municipality of Brighton
Table of Contents
January 2020
Explanatory Note
Subject:
By-law No. 140-2002, as amended, of the Municipality of Brighton is a Comprehensive
Zoning By-law regulating the use of the land and the character, location and use of
buildings, structures and pits and quarries for the whole of the Municipality of Brighton.
Introduction:
The material herein includes a copy of By-law No. 140-2002, as amended, together with
the land use zoning schedules, which governs land use throughout the Municipality of
Brighton, being the area to which the By-law applies.
Purpose and Effect:
The purpose and effect of Zoning By-law No. 140-2002, as amended, are:
1. To implement the approved policies contained in the Municipality of Brighton
approved Official Plan.
2. To establish specific zone classifications and regulations enabling the orderly
and progressive development of the Municipality of Brighton.
Nothing in this By-law shall prevent the use of any lot, building, or structure for any
purpose prohibited by this By-law if such lot, building or structure was lawfully used for
such purpose on the date of passing of this By-law, so long as it continues to be used
for that purpose.
This By-law is now known as the Municipality of Brighton Comprehensive Zoning By-
law.
Zoning By-Law #140-2002
Municipality of Brighton
Table of Contents
January 2020
The Corporation of the Municipality of Brighton By-law No.
140-2002, As Amended
Being a By-law to regulate the use of lands and the character, location and use of
buildings and structures in the Municipality of Brighton.
Whereas The Planning Act provides that the Council of a municipal corporation may
pass by-laws to regulate the use of lands and the character, location and use of
buildings and structures;
And whereas the Council of the corporation of the Municipality of Brighton deems it
desirable to repeal, By-law Nos. 1988-521 (former Township of Brighton) and 730-87
(former Township of Brighton) in their entirety, together with all amendments thereto;
And whereas the Council of the Municipality of Brighton further deems it necessary and
in the public interest to regulate the use for land in the Municipality.
Now therefore the Council of the Corporation of the Municipality of Brighton hereby
repeals By-law Nos. 1988-521 and 730-87 in their entirety, together with all
amendments thereto and subsequently enacts the By-law set out herein.
Zoning By-Law #140-2002
Municipality of Brighton
Purpose of By-law
January 2020
Page i
Introduction
These pages explain the purpose of this Zoning By-law and how it should be used.
These pages do not form part of the Zoning By-law passed by Council and are intended
only to make the Zoning By-law more understandable and easier to reference.
Purpose of this Zoning By-law
The purpose of this Zoning By-law is to implement the policies of the Official Plan of the
Municipality of Brighton, comprising the Official Plans of the former Town and Township
of Brighton. The Official Plan contains general policies that affect the use of land
throughout the Municipality. These policies specify where certain land uses are
permitted and, in some instances, specify what regulations are to apply to the
development of certain lands.
An Official Plan is a general document that is not intended to regulate every aspect of
the built-form on a private lot. In the Province of Ontario, this is the role of the Zoning
By-law. Once an Official Plan is in effect, any Zoning By-law passed by Council must
conform to the Official Plan. For example, if the Official Plan stated lands in the vicinity
of a significant natural feature are to remain in their natural state, the Zoning By-law
would prohibit the erection of buildings or structures on those lands.
The statutory authority to zone land is granted by the Ontario Planning Act. Section 34
of the Planning Act specifies what a By-law passed under this Section can regulate. A
Zoning By-law can:
i.
prohibit the use of land or buildings by any use that is not specifically permitted
by the By-law;
ii.
prohibit the erection or siting of buildings and structures on a lot except in
locations permitted by the By-law;
iii.
regulate the type of construction and the height, bulk, location, size, floor area,
spacing, character and use of buildings or structures;
iv.
regulate the minimum frontage and depth of a parcel of land;
v.
regulate the proportion of a lot that any building or structure may occupy;
vi.
regulate the minimum elevation of doors, windows or other openings in buildings
or structures or in any class or classes of buildings or structures;
vii.
require the owners or occupants of buildings or structures to be erected or used
for a purpose permitted by the By-law to provide and maintain loading or parking
facilities; and,
viii.
prohibit the use of lands and the erection of a class or classes of buildings or
structures on land that is:
i.
subject to flooding;
ii.
the site of steep slopes;
Zoning By-Law #140-2002
Municipality of Brighton
Purpose of By-law
January 2020
Page i
iii.
rocky, low-lying, marshy or unstable;
iv.
contaminated;
v.
a sensitive groundwater recharge area or head water area;
vi.
the location of a sensitive aquifer;
vii.
a significant wildlife habitat area, wetland, woodland, ravine, valley or area of
natural and scientific interest;
viii.
a significant corridor or shoreline of a lake, river or stream; and,
ix.
the site of a significant archaeological resource.
What to do with this By-law
The following five (5) steps describe what a property owner should do to determine what
can be done with a property.
i.
Every property owner should first find the map, which in this By-law is called a
Schedule, that applies to their property, locate their property and determine what
Zone their property is in. The Schedules for this By-law are found immediately
following Section 9.0 of the By-law.
ii.
Reference should then be made to Section 6.0 to determine what uses are
permitted in that Zone. The majority of the uses in the Permitted Uses table are
also defined in Section 2.0 of the By-law.
iii.
Once the permitted use is known, reference should then be made to Section 7.0
to determine what standards apply to any buildings or structures associated with
the permitted use on the lot. The Development Standards are also contained in
tables and the majority of these standards are also defined in Section 2.0 of this
By-law.
iv.
After determining what standards may apply to a permitted use on the property,
reference should then be made to Section 4.0 of the By-law to determine what
provisions in that section may apply to the property.
v.
The drawings provided in the Appendices of this By-law should then be
referenced to assist the reader in interpreting the By-law. The appendices are
solely for illustration purposes only and do not form part of the Zoning By-law.
An explanation of each of the sections of the By-law is found in the next section.
Description of the components of this By-law
1.0 Administration
This section of the By-law specifies:
i.
what lands are covered by the By-law;
Zoning By-Law #140-2002
Municipality of Brighton
Purpose of By-law
January 2020
Page i
ii.
that every parcel of land in the area covered by the By-law is to conform
and comply with the By-law; and,
iii.
what penalties may be levied against a person or a Corporation if they
contravene any provision in the By-law.
2.0 Definitions
It is necessary to define words or terms in a Zoning By-law because it is a legal
document. A By-law must be drafted so that it can be enforced in a court of law. All
words in this By-law that are italicized are defined in Section 2.0. In order for a law to
be effective, it must be capable of being easily interpreted. Often the most common
usage of a word is not exactly what is intended by a Zoning By-law. Therefore, many
common words are defined so that their meaning is perfectly clear.
3.0 Zones
This section establishes the zones that are to apply to the lands covered by the By-
law. The section also describes how to determine the location of the Zone
Boundaries on the Schedules.
4.0 General Provisions
This section contains a number of regulations that apply to certain types of uses,
buildings or structures in the Municipality of Brighton. For example, this section
contains provisions dealing with the construction of decks in any zone, provisions
dealing with the minimum number of parking spaces required for a use and a section
regulating where detached accessory buildings are permitted. The General
Provisions also include regulations dealing with:
i.
permitted encroachments of balconies, porches and eaves into required
yards; and
ii.
home occupations.
5.0 Parking and Loading Standards
This section sets out the minimum number of off-street parking spaces required to
be provided for all residential and non-residential uses, including minimum
requirements for parking facilities for the handicapped. For the majority of non-
residential uses, the parking requirement is based upon the size or gross floor area
of the use or premises. This section also outlines minimum requirements for loading
facilities for industrial and commercial uses.
In addition, Section 5.0 outlines standards for the size and location of parking areas
on lots, the minimum width of driveways, and provisions governing the parking or
storage of commercial and recreational vehicles on private property.
Zoning By-Law #140-2002
Municipality of Brighton
Purpose of By-law
January 2020
Page i
6.0 Permitted Uses
This section lists the uses that are permitted in each zone. The effect of these zones
is to only permit certain uses in various parts of the Municipality. Because of the
nature of the Planning Act, Zoning By-laws are prohibitive. That is, the only uses that
are permitted are those that are specified in the By-law. If a use is not specifically
mentioned as a permitted use in a zone, then it is not permitted.
7.0 Development Standards
This section contains a number of regulations that control the placement, bulk and
height of a building on a lot. Many of these regulations are described in the
appendices that are attached to this By-law. Some of the regulations dealt with by
the By-law are described below:
i.
Minimum lot frontage - This regulation specifies what the minimum width of
the lot must be on the street.
ii.
Minimum required front yard - This regulation specifies how far the main
building on the lot must be set back from the front lot line. The front lot line is
usually the lot line that separates the lot from the street. For example, if the
minimum required front yard is 4.5 metres, the building must be set back a
minimum of 4.5 metres from the front lot line.
iii.
Minimum required rear yard - This regulation specifies how far the main
building on the lot must be set back from the rear lot line. The rear lot line is
the lot line that is usually opposite and farthest from the front lot line.
iv.
Minimum required interior side yard - This regulation specifies how far the
main building on the lot must be set back from the interior side lot line. The
interior side lot line is usually the lot line that separates the lot from an
abutting lot.
v.
Minimum required exterior side yard - This regulation specifies how far the
main building on the lot must be set back from the exterior side lot line. The
exterior side lot line is the lot line that separates the lot from a street on a
corner lot.
8.0 Special Zone Categories
This section contains regulations which are specific to one property or a group of
properties in the Municipality. For example, the minimum front yard in a zone may be
4.5 metres. This required front yard may be reduced to a lesser number if deemed
appropriate and the mechanism to accomplish this reduction is by amending the By-
law and excepting the property from the general standard. These Specific Provisions
are denoted on the Schedules by a number following the (*) symbol.
Zoning By-Law #140-2002
Municipality of Brighton
Purpose of By-law
January 2020
Page i
9.0 Enactment
This section contains the signatures of the Mayor and the Clerk who signed the By-
law when it was passed by Council in accordance with Section 34 of the Planning
Act, R.S.O. 1990, c. P.13.
Appendices
This section contains additional text and drawings to assist the reader in the
interpretation and application of a number of definitions and defined terms in this By-
law. The appendices are for information and illustration only, and do not form part of
the statutory provisions of this By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 1 - Administration
January 2020
Page 1
Administration
1.1 Title
This By-law shall be known as the "Municipality of Brighton Zoning By-law No. 140-
2002.
1.2 Repeal of Former By-laws
The provisions of By-laws 1988-521 and 730-87 of the former Town and Township of
Brighton, and amendments thereto, are hereby repealed insofar as they affect the lands
covered by this By-law.
1.3 Zoning Schedules
The zones for all lands covered by this By-law are shown on the maps comprising
Schedule 'A' to this By-law.
1.4 Conformity and Compliance with Zoning By-law
No land, building or structure shall be used and no building or structure shall be erected
or altered after the passage of this By-law except in conformity and compliance with the
provisions of this By-law.
1.5 Building Permits, Certificates of Occupancy and
Municipal Licenses
No permit for the use of land or for the erection or use of any building or structure and
no Certificate of Occupancy or approval of any application for a municipal licence shall
be issued, where the proposed building, structure or use is in violation of any provision
contained in this By-law.
1.6 Enforcement
Any person convicted of a violation of this By-law is liable, on first conviction to a fine of
not more than $25,000.00 and on a subsequent conviction to a fine of not more than
$10,000.00 for each day or part thereof upon which the contravention has continued
after the day on which the person was first convicted.
Any corporation convicted of a violation of this By-law is liable, on first conviction to a
fine of not more than $50,000.00 and on a subsequent conviction to a fine of not more
than $25,000.00 for each day or part thereof upon which the contravention has
continued after the day on which the corporation was first convicted.
Where a conviction of a person or a corporation occurs, the court in which the
conviction has been entered, or any court of competent jurisdiction, thereafter, may
Zoning By-Law #140-2002
Municipality of Brighton
Section 1 - Administration
January 2020
Page 2
make an order prohibiting the continuation or repetition of the offence by the person or
corporation convicted.
1.7 Severability
A decision of a Court that one or more of the provisions of this By-law or any portion of
the Schedules to 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.
1.8 Effective Date
This By-law shall come into force the day that it was passed if no appeals are received.
If an appeal(s) is received, this By-law, or portions thereof, shall come into force when
all such appeals have been withdrawn or finally disposed of, whereupon the By-law
except for those parts or provisions repealed or amended in accordance with the
Planning Act, as amended, shall be deemed to have come into force and effect the day
the By-law is passed.
1.9 Definitions
For the convenience of the reader, all terms that are italicized in this By-law are defined
in Section 2.0 of this By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 3
2.0 Definitions
For the purposes of this By-law, the definitions and interpretations outlined in this
section shall govern.
Abattoir
Means a building, structure or lot part thereof used for the slaughter of livestock or other
animals for the purpose of processing or rendering for sale.
Accessory Use
Means a use, customarily and normally subordinate to, incidental to and exclusively
devoted to a main use of land or a building or structure, and located on the same lot.
Accessory Building
Means a separate building or structure, the use of which is customarily incidental,
subordinate and exclusively devoted to a main use or main building located on the
same lot. A temporary building or structure such as but not necessarily limited to
temporary garages, temporary vehicle enclosures and tarpaulin garages shall be
considered to be an accessory building. (amended by 548-2008)
Additional Residential Unit
A self-contained residential unit for human habitation designed with private cooking,
plumbing and sanitary facilities; which is located within a principle dwelling unit or within
a structure or building accessory to the principle dwelling unit.
Adult Entertainment Parlour
Means any premises in which is provided, in pursuance of a trade, calling, business or
occupation, a predominance of goods or services appealing to or designed to appeal to
erotic or sexual appetites or inclinations; which services include activities, facilities,
performances, exhibitions, viewings and encounters, a principle feature or characteristic
of which is the nudity or partial nudity of any person, or in respect of which the word
"nude", "naked", "topless", "bottomless", "sexy" or any other word or any picture, symbol
or representation having like meaning or implication is used in any advertisement, and
goods, which goods include books, magazines, pictures, slides, film, phonograph
records, pre-recorded magnetic tape, digital disks, and any other reading, viewing or
listening materials or matters, but does not include a retail store or a convenience retail
store wherein such goods are offered for sale or lease where the floor area devoted to
the display and sales of such goods comprises less than ten (10) % of the total floor
area of the premises.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 4
Agricultural Code of Practice
Means the code of practice as prepared by the Ministry of Agriculture and Food, the
Ministry of Environment and Energy, and the Ministry of Municipal Affairs and Housing
as amended, replaced or re-enacted from time to time.
Agricultural Industrial/Commercial Use
Means the use of land and / or buildings or structures for the manufacturing and
wholesale and / or retail sale of goods necessary to support agricultural uses. Such
goods shall include farm machinery and equipment for the tillage of soil, the planting,
spraying, harvesting, transporting, treating, processing and storage of farm produce,
products used for the housing and husbandry of livestock, and the storage, handling or
processing of milk, eggs or manure, and the manufacture of sub-surface drainage
materials and equipment.
Agricultural Processing Use
Means the use of land and / or buildings or structures for the processing of products or
produce derived from agricultural uses as defined in this By-law. Such products and
facilities shall include seeds, grains, feeds and the forage, storage and transport of
same, fruit and vegetable storage and processing, livestock assembly, sales and
transport, a cheese factory or egg grading station and a dead stock removal facility.
Agricultural Produce Sales Outlet
Means an unenclosed fruit, vegetable, flower and / or farm produce stand (not including
a wholly enclosed building) used primarily for the retail sale to the public of produce
from local agricultural uses, which is open and operated for no more than 8 months
during any calendar year.
Agricultural Service Use
Means the use of land and / or buildings or structures for the buying or selling of
commodities or services necessary to support agricultural uses as defined in this By-
law. Such facilities and services shall include welding and mechanical repair, farm
drainage or excavation, well-drilling, contracting and trades related to farm buildings and
structures, and custom spray, tillage, breeding, planting and harvesting services, as well
as the sale, processing and storage of feed, fertilizer and chemical products, farm
machinery and equipment sales and service, animal and poultry breeding services, and
a fuel supply depot and saw mill.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 5
Agricultural Use
The growing of crops, including nursery, biomass, and horticultural crops; raising of
livestock; raising of other animals for food, fur or fibre, including poultry and fish;
aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm
buildings and structures, including, but not limited to livestock facilities, manure
storages, value-retaining facilities, and accommodation for full-time farm labour when
the size and nature of the operation requires additional employment. Notwithstanding
the foregoing, an agricultural use shall not include a kennel use; nor a cannabis
production facility (CPF).
Agriculture-Related Use
Those 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.
Agri-Tourism Uses
Those farm-related tourism uses, including limited accommodation such as a bed and
breakfast establishment, that promote the enjoyment, education, or activities related to
the farm operation.
Airfield
Means the use of land for the landing, storing, taxiing and take-off of private aircraft as
an accessory use, but does not include an airport under the regulations of the Ministry
of Transport.
Alteration
Means any modification to the structural component of a building that results in a
change of use, or any increase or decrease in the volume or floor area of a building or
structure.
Amusement Machine
Means any mechanical or electronic machine or device intended for use as a game,
entertainment or amusement that offer games of skill and competition for the
amusement of the public, such as motion simulation rides, virtual reality games, video
games, computer games, laser games and similar types of uses for profit or gain and
shall include a pinball machine, video game or table, shooting gallery or other similar
machine or device, but shall not include any machine used solely for the purpose of
vending merchandise or services or playing recorded music.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 6
Animal Hospital
Means a premises used for the health, medical or surgical treatment and temporary
care of domestic animals and farm livestock, but does not include a veterinary clinic or
the professional office of a doctor located in his or her residence.
Arcade
Means a premises predominantly containing and offering amusement machines for use
by the public, but does not include casinos or any other establishment accommodating
gambling or gaming activities, wagering or betting, video lottery and gaming machines
or any other similar type of gambling use.
Art Gallery, Private
Means a premises used for the preservation, exhibition and / or sale of paintings or
other works of art, the control of which is not vested in a public authority.
Art Gallery, Public
Means a premises used for the preservation, exhibition and / or sale of paintings or
other works of art, the control of which is vested in a public authority.
Assembly Hall
Means a premises used for the gathering together of a number of persons for
charitable, civic, cultural, educational, fraternal, political, recreational, social or like
purposes, and may include facilities for the consumption of food or drink.
Attached
Means a building otherwise complete in itself, which depends for structural support or
complete enclosure, upon a division or partition wall or walls shared in common with an
abutting building or buildings.
Auditorium
Means a building or part of a building in which facilities, generally including fixed
seating, are provided for athletic, civic, educational, political, religious or social purposes
and shall include an arena, gymnasium or other similar facility or use.
Bake Shop
Means a premises where the products of a baker, such as cakes, cookies, bread and
pies, are baked and offered for retail sale and may include, as an accessory use, a
seating area for up to twelve (12) patrons.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 7
Balcony
Means a partially enclosed exterior platform attached to or extended horizontally from
one (1) or more Main Walls of a Building.
Banquet Hall
Means a premises used for the purpose of catering to banquets, weddings, receptions,
or similar functions for which food and beverages are prepared and served.
Basement
Means that portion of a building below the first storey.
Bed and Breakfast Establishment
Means a dwelling or portion thereof in which the proprietor resides and supplies for hire
or gain to other persons, temporary overnight lodging with or without meals, but shall
not include a hotel, motel, apartment, hospital, seniors home, group home or restaurant
serving the general public.
Boarding or Lodging House
Means a dwelling or portion thereof in which the proprietor resides and supplies for hire
or gain to other persons, lodging with or without meals, but shall not include a hotel,
motel, apartment, hospital, bed and breakfast establishment, seniors home, group home
or restaurant serving the general public.
Buffer Strip
Means a planted landscaped area or landscaped earth berm or any combination of
these features which serves to provide a continuous visual screen between adjoining
properties and land uses.
Building
Means a structure occupying an area greater than 10 square metres consisting of any
combination of a wall, roof and floor, or a structural system serving the function thereof,
including all associated works, fixtures and service systems, but shall not include a
travel trailer, truck camper, motor home or tent.
Building, Apartment
Means a building containing three or more dwelling units that share a common external
access to the outside through a common vestibule and a common corridor system.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 8
Building Area
Means a portion or area of a lot within which permitted buildings and structures may be
erected, used and maintained. Said area may be designated and outlined on a Zoning
By-law Schedule.
Building, Main
Means a building in which is carried out the main use for which the lot is used.
Building, Rowhouse
Means a building that is vertically divided into a minimum of three (3) and a maximum of
eight (8) dwelling units, each of which has an independent entrance to the front and rear
of the building.
Building Line
Means a line that regulates the location of the front wall or the exterior side wall of a
building on a lot.
Building Line, Established
Means the average distance from the street line of existing buildings on one (1) side of
a continuous 305 metre strip of land in a residential zone where three (3) or more of the
lots accessed by the said street have been built upon.
Bulk Storage Tank
Means a tank or container for the bulk storage of petroleum, gasoline, diesel or other
fuels, oil, gas, propane, or flammable liquid or fluid, but does not include a container for
flammable liquid, gas or fluid legally and properly kept in a retail store or a tank for
storage incidental to some other use of the premises where the such tank or container
is located.
Bunkhouse
Means a building used for the accommodation, during the growing or harvesting
season, of up to 20 agricultural workers employed on the farm property on which the
bunkhouse is located, and containing at least one bathroom and not less than two (2)
habitable rooms providing living, dining and sleeping facilities.
Business or Professional Office
Means a premises used for conducting the affairs of businesses, professions, services,
industries, governments, or like activities, in which the chief product of labour is the
processing and / or storage of information rather than the production and distribution of
goods.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 9
Campground
Means a recreational facility operated by a public or private organization where persons
are temporarily accommodated in tents or cabins, but shall not include a trailer park or
mobile home park.
Cannabis Production Facility
Means a facility comprised of one or more buildings or structures, used for the purpose
of growing, producing, cultivating, testing, processing, researching, destroying, storing,
packaging or shipping of cannabis by a federal government licensed commercial
producer in accordance with federal legislation.
Carport
Means a building or structure which is not wholly enclosed, and is used for the parking
or storage of one (1) or more motor vehicles.
Casino
Means a premises offering machines, facilities and / or services for gambling, wagering
or betting activities, including video lottery machines or facilities, and any other similar
type of gambling use, and may include accessory food and beverage service facilities.
Cellar
Means that portion of a building which is partly or wholly underground and which has
more than half its height, from finished floor to the underside of the floor joists of the
storey next above, below the average finished grade level adjacent to the exterior walls
of the building.
Cemetery
Means a parcel of land used for the interment of human remains, and may contain a
crematorium, columbarium or mausoleum.
Centre-Line
Means with reference to a public street, a line drawn parallel to and equidistant from the
limits of the public street and with reference to a private road, a line drawn parallel to
and equidistant from the edges of the paved or traveled surface of the private road.
Commercial Club
Means an athletic, recreational or social club operated for gain or profit.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 10
Commercial Fitness Centre
Means a premises in which facilities are provided for recreational or athletic activities
such as body-building and exercise classes and may include associated facilities such
as a sauna, a swimming pool, a solarium, a cafeteria and accessory retail uses.
Commercial Greenhouse
Means a building or structure used for the purposes of the enclosed germinating and
growing of plant materials for wholesale or retail sale to the general public; but shall not
include a cannabis production facility.
Commercial Parking Lot
Means an area of land used for the parking of motor vehicles for a fee, with such use
forming the principle use of a lot.
Commercial Vehicle
Means any vehicle having attached thereto a truck or delivery body and includes an
ambulance, hearse, coach bus, tractor, bulldozer, crane, grader, and any vehicle
carrying a commercial motor vehicle license.
Community Centre, Private
Means a premises used for community activities, the control of which is not vested in a
public authority.
Community Centre, Public
Means a premises used for community activities, the control of which is vested in a
public authority.
Conservation Use
Means the use and / or management of land and / or water for the purposes of planned
natural resource management.
Contractor's Yard
Means a yard of any contractor where equipment and materials are stored or where a
contractor performs shop or assembly work, but does not include any other use or
activity otherwise defined or classified herein.
Convenience Retail Store
Means a premises where food, tobacco, drugs, periodicals and similar items of
household necessity are sold directly to the public but shall not include a retail store.
For the purposes of this By-law, a convenience retail store may contain a maximum of 6
amusement machines as an accessory use.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 11
Corporation
Means the Corporation of the Municipality of Brighton.
Council
Means the Council of the Corporation.
Coverage
See Lot Coverage.
Day Nursery
Means a premises where more than five (5) children are provided with temporary care
and / or guidance for a continuous period not exceeding twenty-four hours and are
licensed under provincial statute.
Deck
Means an unenclosed structure that is accessory to a residential use and used as an
outdoor living area, with a foundation holding it erect and a floor which is above finished
grade and shall not include a landing or a stair.
Demolish
Means any action in the removal of a building or structure or any material portion
thereof. For the purposes of this By-law, the term "demolition" shall have a
corresponding meaning.
Driveway
Means a defined area providing access for motor vehicles from a public street, private
road or a lane to facilities such as a parking area, parking lot, loading space, private
garage, building or structure.
Dry Industrial Use
Means a manufacturing or processing use which, by the nature of its process, operation
or fabrication of raw materials or service rendered, does not require a water supply
other than from within the limits of the lot upon which the use is located, and from which
the only waste water discharges are one or more of the following:
i.
sanitary sewage provided by normal sanitary and eating facilities required for
employees; and,
ii.
stormwater drainage; water used for indirect cooling of equipment.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 12
Dwelling, Apartment
Means a dwelling unit in an apartment building.
Dwelling, Duplex
Means a dwelling unit in a building that is divided horizontally into two (2) dwelling units,
each of which has an independent entrance either directly to the outside or through a
common vestibule.
Dwelling, Fourplex
Means a dwelling unit in a building that is divided horizontally or a combination of
vertically and horizontally into four (4) dwelling units, each of which has an independent
entrance either directly to the outside or through a common vestibule.
Dwelling, Semi-Detached
Means a dwelling unit in a building that is divided vertically into two dwelling units that
shares a common wall above grade.
Dwelling, Single Detached
Means a building containing only one (1) dwelling unit.
Dwelling, Rowhouse
Means a dwelling unit in a rowhouse building.
Dwelling, Triplex
Means a dwelling unit in a building that is divided horizontally or a combination of
horizontally and vertically into three dwelling units, each of which has an independent
entrance to the outside or through a common vestibule.
Dwelling Unit
Means a suite which functions as a housekeeping unit used or intended to be used as a
domicile by one or more persons; containing cooking, eating, living, sleeping and
sanitary facilities; and having a private entrance from outside the building or from a
common hallway or stairway inside or outside the building.
Dwelling Unit, Accessory Apartment (added by By-law 220-2004)
Means a dwelling unit that is accessory to the main permitted use on a lot.
Enclosed Walkway
Means a structure connecting a detached accessory building and the main building on
the lot.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 13
Erect
Means to build, construct, reconstruct, alter, relocate or, without limiting the generality of
the foregoing, shall 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 Building Line
Means the average distance from the street line of existing buildings located on the
same side of the street where three (3) or more of the lots having street access and
located within 300 metres of each other have been built upon.
Existing
Means, in reference to a use, building or structure, legally existing as of the date of
passing of this By-law.
Extraction Pit
Means a facility where unconsolidated sand, gravel, clay, earth, fill, mineral or other
material is removed by open excavation, and includes accessory uses including the
processing of extracted materials on site by crushing, screening, washing, and the
stockpiling of materials.
Farm
Means land used for the growing of trees, sod, grains, vegetable or fruit crops, the
grazing, pasturing or dairying of livestock, and may include a farm dwelling and
accessory farm buildings and structures.
Farm Building
Means a building or part thereof not containing a dwelling unit, which is associated with,
and located on land devoted to an agricultural use and predominantly used for the
housing or storage of equipment, livestock or poultry, or the processing or production of
agricultural or horticultural produce or feeds.
Fill
Means soil, rock, rubble, or organic material or any combination thereof that is
transported and placed on the natural surface of a soil, rock or organic terrain.
Financial Institution
Means a premises in which financial services are offered to the public and includes a
bank, credit union, trust company, savings office or any other retail banking operation.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 14
First Storey
Means the storey with its floor closest to established grade and having its ceiling more
than 1.8 metres above grade.
Floor Area
Means the total area of all floors in a building, measured between the exterior faces of
the exterior walls of the building at each floor level, or from the centre line of common
walls separating individual premises within multiple unit buildings.
Floor Area, Gross
Means the aggregate of the floor areas of a building above or below established grade,
but excluding car parking areas within the building that are below established grade.
Floor Area, Gross Leasable
Means the aggregate of the floor areas of a shopping centre that are leased to the
tenants of the shopping centre for their exclusive use, above or below established
grade.
Floor Area, Net
Means the aggregate of the floor areas of a building above or below established grade,
but excluding car parking areas within the building, stairways, elevator shafts,
service / mechanical rooms and penthouses, washrooms, garbage / recycling rooms,
staff locker and lunch rooms, loading areas, any space with a floor to ceiling height of
less than 1.8 metres and any part of a basement that is unfinished, is used solely for
storage purposes and is not accessible to the public.
Floor Space Index
Means the gross floor area of all buildings on a lot divided by the lot area.
Forestry Use
Means the planting, management and harvesting of timber resources and shall include
the establishment of only a portable sawmill.
Funeral Home
Means a premises used for furnishing funeral supplies and services to the public
including facilities intended for the preparation of the human body for internment, and
may also include a chapel.
Garage, Private
Means an enclosed building, or part thereof, designed and used for the storage of one
(1) or more motor vehicles.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 15
Garage Width
Means the width of a private garage measured between the interior faces of the walls of
the private garage.
Gas Bar
Means a premises used only for the sale of motor vehicle fuels and motor vehicle
accessories, and not for the performance of minor running repairs essential to the actual
operation of motor vehicles. A gas bar may include an associated retail kiosk with a
maximum floor area of 100 square metres.
Golf Course
Means an outdoor public or private area operated for the purpose of playing golf
including a par three (3) golf course, a miniature golf course and putting greens, and
may include associated clubhouse and banquet hall facilities.
Golf Driving Range
Means an indoor or outdoor public or private facility dedicated to the driving of golf balls
from fixed golf tees.
Grade
Means the level of the ground adjacent to the outside wall of a building or structure.
Grade, Established
Means the average surface elevation at the outside walls of any building or structure,
which is determined by taking the arithmetic mean of the levels of the finished ground
surface at every corner of the building or structure.
Group Home - Type One (1)
Means a dwelling unit used for the accommodation of three to six persons exclusive of
members of the staff of the operator, who by reason of their emotional, mental, social,
or physical condition or legal status require a group living arrangement for their well
being, and who are living under the supervision of a member or members of the staff of
the operator who is or are normally present at the dwelling unit at all times, where such
facility is funded wholly or in part by any government and is licensed or approved under
Provincial Statute, but shall not include:
i.
a facility maintained and operated primarily for the temporary care of, and
occupied by inmates, or adults or youth placed on probation or released on
parole;
ii.
a facility maintained and operated primarily for the temporary care of, and
occupied by transient or homeless persons; or,
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 16
iii.
a facility maintained and operated primarily for treatment and rehabilitation of,
and occupied by persons addicted to drugs or alcohol.
A dwelling unit with five (5) or more foster children under the care of a foster care
operator who is licensed or approved under Provincial Statute shall also be considered
a Group Home - Type One (1) for the purposes of this By-law.
Group Home - Type Two (2)
Means a dwelling unit used for the accommodation of three to eight (8) persons
exclusive of members of the staff of the operator, who by reason of their emotional,
mental, social, or physical condition or legal status require a group living arrangement
for their well being, and who are living under the supervision of a member or members
of the staff of the operator who is or are normally present at the dwelling unit at all
times, where such facility is funded wholly or in part by any government, and is licensed
or approved under The Young Offenders Act, The Probation Act, The Ministry of
Correctional Services Act, or The Criminal Code of Canada, and shall include:
i.
a facility maintained and operated primarily for the temporary care of, and
occupied by inmates, or adults or youth placed on probation or released on
parole; as well as,
ii.
a facility maintained and operated primarily for the temporary care of, and
occupied by transient or homeless persons; and,
iii.
a facility maintained and operated primarily for treatment and rehabilitation of,
and occupied by persons addicted to drugs or alcohol.
Guest Room
Means a room or suite of rooms which is used for gain or hire by the public on a
temporary basis.
Height
Means with reference to a building or structure, the vertical distance measured from the
established grade of such building or structure to:
i.
the highest point of the roof surface or the parapet, whichever is the greater, of a
flat roof;
ii.
the deckline of a mansard roof;
iii.
the mean level between eaves and ridge of a gabled, hip or gambrel roof or other
type of pitched roof; and,
iv.
in case of a structure with no roof, the highest point of the said structure.
Notwithstanding the above, any ornamental roof construction features including towers,
steeples or cupolas, shall not be included in the calculation of height. Mechanical
features, such as structures containing the equipment necessary to control an elevator,
are permitted to project a maximum of 5 metres above the highest point of the roof
surface, regardless of the height of the building.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 17
High Watermark
The highest elevation of the water surface of a body of water or a watercourse,
including seasonal flooding, as evidenced by changes in shoreline vegetation or
residual water marks left on buildings, structures, vegetation or other shoreline features
as a result of flood events.
Home Industry
Means a use supplying goods or services to the public located within a single detached
dwelling or accessory building on lot in a residential, agricultural or rural zone. A home
industry may be conducted wholly within an accessory building or structure and may
include a carpentry shop, a metal working shop, a welding shop, an electrical shop, an
antique shop or a tea room but shall not include motor vehicle repair shop or a motor
vehicle body shop operation.
Home Occupation
Means an accessory use conducted for gain in a dwelling unit or a detached accessory
building on a lot in a residential, agricultural or rural zone, subject to the provisions of
Section 4.7 of this By-law.
Hotel
Means a premises that contains rooms that are rented on a temporary basis to the
public or dwelling units, or a combination of both, equipped to be occupied as temporary
accommodation for the public, and which contains a public dining area and which also
may contain meeting rooms and accessory banquet facilities.
Industrial Use
Means a premises used for the warehousing of goods and materials, the assembly of
manufactured goods, the manufacturing of goods, the repair and servicing of goods and
similar uses. For the purposes of this definition, research laboratories and printing
establishments are considered to be industrial uses.
Institutional Building
Means a building containing institutional uses.
Kennel
Means a premises where domestic pets and animals, excluding livestock associated
with an agricultural use, are bred, kept, boarded and / or raised for sale, gain or profit.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 18
Landscaped Open Space
Means
i. any combination of trees, shrubs, flowers, grass or other horticultural elements,
together with decorative stonework, retaining features, fencing, screening or
other architectural elements, all of which are designed to enhance the visual
amenity of a property, and / or to provide a visual or other screen for adjacent
land uses; and,
ii. does not include parking areas, walkways, driveways or ramps.
Lane
Means a subsidiary thoroughfare which is not intended for general traffic circulation and
which provides a secondary public or private means of vehicular access to an abutting
property.
Library
Means a premises containing printed, electronic and pictorial material for public use for
purposes of study, reference and recreation.
Loading Space
Means an unobstructed area of land which is used for the temporary parking of one (1)
or more commercial motor vehicles while merchandise or materials are being loaded or
unloaded from such vehicle.
Lot
Means a parcel of land that abuts a public street that is registered as a legally
conveyable parcel of land in the Registry Office.
Lot of Record, Existing
Means a parcel of land that is registered as a legally conveyable parcel of land in the
Registry Office as of the date of passing of this By-law.
Lot Area
Means the total horizontal area within the lot lines of a lot.
Lot, Corner
Means a lot at the intersection of two (2) or more public streets or upon two (2) parts of
the same public street with such street or streets containing an angle of not more than
135 degrees or a lot upon which the tangents at the street extremities of the interior side
lot lines contain an angle of not more than 135 degrees. The corner of a lot on a curved
corner shall be that point on the street line nearest the point of intersection of the said
tangents.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 19
Lot Coverage
Means that percentage of the lot covered by all buildings and shall not include that
portion of such lot area which is occupied by a building or portion thereof which is
completely below established grade. Lot coverage in each zone shall be deemed to
apply only to that portion of such lot which is located within said zone.
Lot Frontage
Means the horizontal distance between the interior side and / or exterior side lot lines,
with such distance being measured perpendicularly to the line joining the mid-point of
the front lot line with the mid-point of the rear lot line at a point on that line 6 metres from
the front lot line.
In the case of a lot with no rear lot line, the point where two interior side lot lines
intersect shall be the point from which a line is drawn to the mid-point of the front lot
line. In the case of a corner lot with a daylighting triangle, the exterior side lot line shall
be deemed to extend to its hypothetical point of intersection with the extension of the
front lot line for the purposes of calculating lot frontage.
For the purposes of this By-law, the Water Frontage of a lot as defined in this By-law
shall constitute lot frontage for a lot within a Shoreline Residential (SHR) Zone.
Lot, Interior
Means a lot situated between adjacent lots and having access to one public street.
Lot Line, Interior Side
Means a lot line, other than a rear lot line that does not abut a public street.
Lot Line
Means a line delineating any boundary of a lot.
Lot Line, Exterior Side
Means the lot line of a corner lot, other than the front lot line, which divides the lot from
a public street.
Lot Line, Front
Means the line which divides the lot from the public street, but, in the case of:
i.
a corner lot, the shortest of the lot lines that divides the lot from the public street
shall be deemed to be the front lot line;
ii.
a corner lot where such lot lines are of equal length and where both lot lines abut
a public street under the same jurisdiction, the Corporation may designate either
street line as the front lot line;
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 20
iii.
a lot that is separated from a public street by a public park and provided the lot is
accessed by a lane, the shortest lot line that abuts the public park shall be
deemed to be the front lot line;
iv.
a through lot, the longest of the lot lines which divide the lot from the public
streets shall be deemed to be the front lot line. If both such lot lines are of equal
length, the Corporation may designate either street line as the front lot line;
Lot Line, Rear
Means the lot line opposite to, and most distant from, the front lot line.
Lot, Through
Means a lot bounded on opposite sides by a public street. However, if the lot qualifies
as being both a corner lot and a through lot, such lot is deemed to be a corner lot for the
purposes of this By-law.
Lot, Through Waterfront
Means a lot which has no access from a public street or a private road, but has access
from more than one (1) shoreline.
Main Building
Means the building within which the principle use of the lot is conducted.
Main Entry Feature
Means a platform, with at least one (1) side open, covered by either a roof, balcony or
enclosed space, with or without a foundation and / or basement that provides access to
the dwelling unit.
Main Front Entrance
Means the door which is designed as the primary access point into the dwelling unit.
Main Wall
Means the exterior front, side and / or rear wall of a building and all structural
components essential to the support of a fully enclosed space or roof.
Manure Facility, Liquid
Means a building, structure or pit in which animal waste is stored in a liquid state.
Manure Facility, Solid
Means a building, structure or pit in which animal waste is stored in a solid state.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 21
Marina
Means a premises where boats and other marine craft and related facilities and
accessories are berthed, stored, serviced, repaired and offered for sale or rent.
Marine Facility
Means an accessory building or structure used to take a boat into or out of a waterbody,
to moor, berth or store a boat, and shall include a launching ramp, boat lift, dock or
boathouse, but shall not include any building used for human habitation or any boat
service, repair or sales facility.
Medical Clinic
Means a premises used for the medical, dental, surgical and / or therapeutic treatment
of human beings, but does not include a public or private hospital or professional office
of a doctor located in his or her residence.
Mobile Home
A prefabricated dwelling designed to be transported after fabrication, on its own wheels,
on a flatbed, or on detachable wheels, and which is suitable for occupancy as a dwelling
unit, placed on a foundation or mobile home stand, but does not include a travel trailer
or a trailer otherwise designed, a secondary residential unit or a single detached
dwelling constructed in parts and designed to be transported to a lot where the parts are
joined as integral units and placed on a foundation.
i.
Mobile home, Single Wide means a mobile home designed to be towed in a
single load;
ii.
Mobile home, Double Wide means a mobile home unit consisting of two (2)
sections separately towable or transportable; and
iii.
Does not include an additional residential unit.
Mobile Home Park
Means a lot containing two or more mobile home sites which is under a single
management and ownership and contains recreational, service and convenience
commercial facilities for residents.
Mobile Home Site
Means a parcel of land within a mobile home park, not a separate and legally
conveyable lot, to be occupied by one mobile home in accordance with all associated
yards and open space required by this By-law.
Modular Home
Means a prefabricated dwelling equipped for year-round occupancy and placed upon a
permanent foundation.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 22
Motel
Means a premises that contains rooms that are rented on a temporary basis to the
public with each room being accessed directly from the outside, and may include
associated restaurant and food service facilities.
Motor Home
Means a self-propelled vehicle providing temporary living, eating, sleeping and other
occupant accommodation.
Motor Vehicle
Means an automobile, motorcycle, motor-assisted bicycle and any other vehicle
propelled or driven otherwise than by muscular power.
Motor Vehicle Body Shop
Means a premises used for the painting and / or repairing of the exterior and / or the
undercarriage of motor vehicle bodies.
Motor Vehicle, Commercial
Means a motor vehicle which is designed for the transport of goods and which is used
for business, employment or commercial purposes.
Motor Vehicle, Derelict
Means a motor vehicle within the meaning of The Highway Traffic Act, as amended,
whether or not same is intended for use as a private passenger motor vehicle, which is
inoperable and has no value or potential use as a means of transportation.
Motor Vehicle Repair Shop
Means a premises where the services performed or executed on motor vehicles for
compensation shall include the installation of exhaust systems, repair of the electrical
systems, transmission repair, brake repair, radiator repair, tire repair and installation,
rustproofing, motor vehicle diagnostic centre, major and minor mechanical repairs or
similar use and in conjunction with which there may be a towing service, a motor vehicle
service station and motor vehicle rentals for the convenience of the customer while the
motor vehicle is being repaired, but does not include a motor vehicle body shop.
Motor Vehicle Sales Establishment
Means a premises used for the sale or rental of motor vehicles.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 23
Motor Vehicle Service Station
Means a premises used for the sale of motor vehicle fuels and which may include the
following accessory uses: the sale of motor vehicle parts and accessories, retail and
personal service uses, motor vehicle rental, the servicing and repairing of motor
vehicles and car washes.
Motor Vehicle Storage Compound
Means the predominant use of land and / or a building or structure for the parking and
storage of operable motor vehicles, but does not include a parking area, parking lot, or a
salvage or wrecking yard.
Multi-Suite Residence
Means a building containing four (4) or more residential suites with or without a bath,
having common dining amenity and related services.
Museum, Private
Means a premises owned and operated by a private entity and used for the preservation
of a collection of paintings and / or other works of art and / or objects of natural history
and / or mechanical scientific and / or philosophical inventions, instruments, models and
/ or designs and which may also include libraries, reading rooms, laboratories and
accessory offices.
Museum, Public
Means a premises owned by a public authority and used for the preservation of a
collection of paintings and / or other works of art and / or objects of natural history
and / or mechanical scientific and / or philosophical inventions, instruments, models
and / or designs and which is open to the public and which may also include libraries,
reading rooms, laboratories and accessory offices.
Net Hectare
Means an area of land measured in hectares for the purposes of building or residential
density calculations which does not include any portion of the lands devoted to road
allowances or public parks.
Nightclub
Means a premises whose primary function is the provision of theatrical performances,
pre-recorded music, or live musical entertainment, whether such pre-recorded music or
live music is provided for listening or dancing by the patrons, or any combination of the
above functions, and whose accessory function is the sale and consumption on the
premises of food and alcoholic beverages, but does not include a restaurant or an adult
entertainment parlour. For the purposes of this By-law, a nightclub may contain a
maximum of 6 amusement machines as an accessory use.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 24
Non-Complying
Means a building, structure or lot that does not comply with one or more of the
regulation(s) of this By-Law.
Non-Conforming Use
Means a use which is not a permitted use in the zone in which the said use is situated.
Nursing Home
Means a premises used as a nursing home within the meaning of the Nursing Home Act
of Ontario, as amended.
Obnoxious Use
Means a use which, from its nature or operation, creates a nuisance or is liable to
become a nuisance or offensive by the creation of noise or vibration, or by reason of the
emission of gas, fumes, dust or objectionable odour, or by reason of the matter, waste
or other material generated by the use, and without limiting the generality of the
foregoing, shall include any uses which may be declared to be a noxious or offensive
trade or business under provincial statute.
Office Building
Means a building, the main use of which is business and professional offices.
On-Farm Diversified Use
Uses that are secondary to the principle agricultural use of the property, and are limited
in area. On-farm diversified uses include, but are not limited to, home occupations,
home industries, agri-tourism uses, and uses that produce value-added agricultural
products.
Outdoor Display and Sales Area
Means an area of land used in conjunction with a business located within a building or
structure on the same lot, for the display or sale of produce, merchandise or the supply
of services.
Outdoor Storage
Means an area of land used in conjunction with a business located within a building or
structure on the same lot, for the storage of goods and materials.
Outdoor Furnace (added by By-law 220-2004)
Means an accessory building or structure that operates as a heat source for domestic
heat and / or hot water for associated main buildings.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 25
Outdoor Storage Use
Means an outdoor storage area forming the main use of a lot, such as a construction
equipment and / or materials yard, but does not include a motor vehicle storage
compound, or a salvage or wrecking yard.
Park, Public
Means any area of land under the jurisdiction of a public authority that is designed
and / or maintained for recreational purposes. Without limiting the generality of the
foregoing, a park may include municipal parks and playgrounds, golf courses, swimming
pools, tennis courts, bowling greens, arenas, boating facilities and sports fields and
ancillary retail uses.
Park, Private
Means an open space or recreational area other than a public park, operated on a
commercial and / or private member basis, and which includes one or more of the
following facilities or activities:
i.
Areas for walking, horse-riding and cross-country skiing; and,
ii.
Recreational or playground areas such as picnic areas, tennis courts, lawn
bowling greens, outdoor skating rinks, athletic fields and accessory buildings
which may include change rooms, meeting rooms and washrooms.
Parking Area
Means an open area of land not located on a public street, private street or lane which
is used for the parking of motor vehicles with or without a fee being charged, but shall
not include any area where motor vehicles for sale or repair are kept or stored.
Parking Garage
Means a building, or part thereof, used for the storage or parking of motor vehicles.
Park Model Trailer
Means a recreational unit which is built on a single chassis, mounted on wheels
designed to facilitate relocation from time to time, is designed as living quarters for
temporary / seasonal living accommodations, as per CSA Z241 standards, and may be
connected to those utilities necessary for operation of installed fixtures and appliances.
Parking Space
Means an unobstructed space for the parking of a motor vehicle.
Parking Space, Tandem
Means a parking space that has access to a driveway or an aisle in a parking area and
which is used to access one other parking space.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 26
Personal Service Shop
Means a premises in which services involving the care of persons or their apparel are
offered and includes a barber shop, a hair dressing shop, a beauty shop, a tanning
studio, masseuse, a shoe repair establishment, a dry cleaning or personal laundry
establishment, or similar service establishment.
Place of Entertainment
Means an auditorium, planetarium, concert hall and other similar uses but shall not
include an arcade, an adult entertainment parlour, any use entailing the outdoor
operation or racing of animals or motorized vehicles, a casino or other establishment
providing gambling or gaming activities, wagering or betting, video lottery or gaming
machines, or any other type of gambling use.
Place of Worship
Means a premises used by a charitable religious group(s) for the practice of religious
rites.
Porch
Means a structure abutting a main wall of a building having a roof but with walls that are
generally open and unenclosed.
Premises
Means an area of a building occupied or used by a business or enterprise. In a multiple
tenancy building occupied by more that one (1) business, each business area shall be
considered a separate premises. Each individual unit proposed and / or registered in a
draft Plan of Condominium shall also be considered an individual premises.
Private Club
Means a premises used as a meeting place by members and guests of members of
non-profit and non-commercial organizations for community, social or cultural purposes.
This definition does not include uses that are normally carried out as a commercial
enterprise.
Private Home Daycare (amended by By-law 220-2004)
Means a private residence where the temporary care for reward or compensation of
five (5) children or less who are under ten (10) years of age where such care is
provided. Such private residence is not the home of a parent or guardian of any such
child. The care shall be for a continuous period not exceeding 24 hours.
Private Road or Right-of-Way
Means a road providing access for motor vehicles to abutting lots which is not owned,
operated or maintained by the Corporation or any other public authority.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 27
Public Authority
Means any Provincial, Regional or Municipal commission, board, or authority.
Quarry
Means a facility where consolidated rock or stone is removed by open excavation, but
does not include a wayside pit or open pit metal mine.
Racetrack
Means a predominantly outdoor facility with accessory food and beverage service
facilities within enclosed buildings, for the competitive racing of animals, but does not
include any facility involving the use or racing of motorized vehicles.
Recreational Trailer or Vehicle
Means any vehicle that is suitable for being attached to a motor vehicle for the purpose
of being drawn or is self-propelled, and is capable of being used on a short term
recreational basis for living, sleeping or eating accommodation of human beings and
includes a travel trailer, pick-up camper, motorized camper or tent trailer.
Recreational Use
Means a use of land, building or structure that has been designed and equipped for the
conduct of sports and leisure time activities such as a bowling alley, a curling rink, a
billiard hall, an indoor golf driving range and other such uses, outdoor hiking, biking or
ski trail uses, but does not include a commercial fitness centre, any use requiring the
outdoor operation of motor vehicles or any other sports or leisure time use otherwise
defined by this By-law.
Repair Shop
Means a premises used primarily for the repair of household articles but shall not
include shops for the repair of internal combustion engines, motor vehicles or other
similar uses.
Reserve
Means a strip of land abutting a public street and owned by the authority having
jurisdiction over such a public street. For the purposes of this By-law, a lot separated
from a public street by a reserve shall be deemed to abut such a public street.
Residential Use
Means the use of land and buildings for human habitation.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 28
Residential Suite
Means a dwelling unit (not self-contained) not having full dining-kitchen facilities. Such
space shall generally not exceed 45 square metres of floor area.
Residential Care Facility
Means a building designed and intended wholly or partly for the purpose of providing
residents with assisted living services. Residential care facilities provide housing and
services to residents in private or semi-private bedrooms in buildings with common
living areas and dining areas. This may include a retirement home, a long-term care
facility or a nursing home but does not include a shared home.
Restaurant
Means a premises in which the principle 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.
Restaurant, Drive-Through
Means a premises designed and used for the sale of food or refreshments to the public
for consumption off the premises with no associated indoor or outdoor seating area for
patrons.
Restaurant, Take-Out
Means a premises designed and used for the sale of food or refreshments to the public
for consumption off the premises and may include, as an accessory use, a seating area
for up to 12 patrons.
Retail Store
Means a premises in which goods, wares, merchandise, substances, articles or things
are displayed, rented or sold directly to the general public. For the purposes of this By-
law, a retail store may contain a maximum of 6 amusement machines as an accessory
use.
Retirement Home
Means a premises that provides accommodation primarily to retired persons or couples
where common facilities for the preparation and consumption of food are provided, and
where common lounges, recreation rooms and medical care facilities may also be
provided.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 29
Salvage or Wrecking Yard
Means a facility where used goods or articles are processed for further use where such
goods or articles are stored wholly or partly outdoors, and includes an automobile
wrecking yard and a scrap metal yard
Sanitary Landfill Site
Means a facility on land upon, onto or through which waste is deposited or processed
under controlled circumstances but does not include the treatment or disposal of liquid
industrial or hazardous waste.
School, Public
Means a premises used as an academic school under the jurisdiction of a local School
Board or other similar provincially approved educational institution or parochial school
operated on a non-profit basis.
School, Commercial
Means a premises used as a school conducted for gain, including a studio of a dancing
teacher or a music teacher, an art school, a golf school, school of calisthenics, business
or trade school and any other such specialized school.
School, Private
Means a premises used as an academic school which is provincially approved and
secures the major part of its funding from sources other than government agencies.
Self-Storage Facility
Means a premises used for the temporary storage of household items and seasonal,
recreational or commercial vehicles, boats and trailers in secured storage areas or
lockers which are generally accessible by means of individual loading doors.
Separation Distance
Means the horizontal distance between buildings or structures measured from the
closest points on the exterior walls of such buildings or structures.
Shared Housing
A form of housing where individuals share accommodation either for economic, support,
long-term care, security, or lifestyle reasons. Forms of shared housing include small
scale dwellings with no more than ten (10) people or large scale within more than ten
(10) people. Shared housing may include 24 hour supervision and / or 24 hour nursing
care.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 30
Shopping Centre
Means a building containing a group of commercial uses which has been designed,
developed and managed as one unit by a single owner or tenant, or group of owners
and tenants, as distinguished from a business area comprising unrelated individual
uses.
Shoreline
Means any lot line or portion thereof which abuts a waterbody.
Sidewalk
Means a paved area within a municipal right-of-way that is designed for predominant
use by pedestrians, but does not include separate hard-surfaced facilities designed to
accommodate bicycle or other similar paths or trails.
Sight Triangle
Means the triangular space formed by the street lines of a corner lot and a line drawn
from a point in each street line 9 metres from the intersection of the street lines,
measured along the street lines. Where the two (2) street lines do not intersect at a
point, the point of intersection shall be deemed to be the intersection of the linear
projection of the street lines or intersection of the tangents of the street lines.
Solarium
Means a predominantly glazed structure attached to a main building that has walls and
a roof which permit sunlight to enter.
Soil Processing or Reclamation Facility
Means land and facilities used for the chemical or biological restoration and reuse of the
organic composition of soils partially contaminated by fuels, oils, industrial or
commercial lubricants, or other noxious or flammable chemicals or substances, and
may include associated air, ground or water pollution control and treatment equipment,
but does not include a sanitary landfill site.
Storey
Means that portion of a building between the surface of a floor and the floor, ceiling or
roof immediately above. Any portion of a building partly below grade level shall be
deemed a storey where its ceiling is at least 1.8 metres above established grade. Any
portion of a storey exceeding 4.2 metres in height shall be deemed to be an additional
storey.
Street, Public
Means a roadway owned and maintained by a public authority and for the purposes of
this By-law does not include a lane or any private street.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 31
Street Line
Means the boundary between a public street and a lot.
Street Centreline
Means the centreline of a public street or highway which has been assumed by the
Province of Ontario, County of Northumberland or the Corporation.
Street, Improved
Means a street assumed by the Province of Ontario, County of Northumberland or the
Corporation which is maintained so as to provide access to adjacent properties
throughout the year.
Structure
Means anything that is erected, built or constructed of parts joined together and
attached or fixed permanently to the ground or any other structure. For the purpose of
this By-law, a fence that has a height of 1.8 metres or less, a retaining wall that has a
height of 1 metre or less, a light standard and a sign shall be deemed not to be
structures.
Suite
Means a single room or series of rooms of complementary use, operated under a single
tenancy and includes dwelling units, individual guest rooms in motels, hotels, boarding
houses, rooming houses and dormitories as well as individual stores and individual or
complementary rooms for business and personal services occupancies.
Supermarket
Means a building, or part thereof, containing a departmentalized food store.
Swimming Pool
Means any body of water contained by artificial means located outdoors on privately
owned property in which the depth of the water at any point can exceed 0.6 metres and
shall include any accessory deck or support structure.
Theatre
Means a premises with fixed seating that is used for the showing of motion pictures or
for dramatic, musical or live performances, but does not an adult entertainment parlour.
Top-of-Bank
Means a line delineated at points where the oblique plane of a slope meets the
horizontal plane.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 32
Travel Trailer
Means a vehicle designed to be towed by a motor vehicle and providing temporary
living, sleeping and eating accommodation for persons, but shall not include a mobile
home.
Trailer Park
Means land used to locate travel trailers occupied on a seasonal or temporary basis.
Veterinary Clinic
Means a premises used for the treatment and temporary accommodation of animals
and livestock.
Water Frontage
Means the straight line horizontal distance between the two most widely separated
points on any one shoreline of a lot.
Wayside Pit
Means a temporary facility for the excavation or extraction of unconsolidated sand,
gravel, or stone.
Yard
Means an open, uncovered space on a lot appurtenant to a building and unoccupied by
buildings or structures except as specifically permitted in this By-law.
Yard, Exterior Side
Means the yard of a corner lot extending from the front yard to the rear yard between
the exterior side lot line and the nearest main walls of the main building or structure on
the lot.
Yard, Front
Means a yard extending across the full width of the lot between the front lot line and the
nearest main walls of the main building or structure on the lot.
Yard, Interior Side
Means a yard other than an exterior side yard which extends from the front yard to the
rear yard between the interior side lot line and the nearest main walls of the main
building or structure on the lot.
Zoning By-Law #140-2002
Municipality of Brighton
Section 2 - Definitions
January 2020
Page 33
Yard, Maximum
Means the maximum distance of a building wall from a lot line. In calculating the
maximum yard, the minimum horizontal distance from the respective lot line shall be
used.
Yard, Minimum Required
Means the minimum distance of a yard required from a lot line. No part of a required
minimum yard for a building or structure shall be included as part of a required minimum
yard for another building or structure. In calculating minimum required yards, the
minimum horizontal distance from the respective lot lines shall be used.
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line and the
nearest main walls of the main building or structure on the lot.
Zoning By-Law #140-2002
Municipality of Brighton
Section 3 - Establishment of Zones
January 2020
Page 34
3.0 Zones
3.1 Established Zones
For the purposes of this By-law, the following Zones are established:
Residential Zones
Urban Residential One (R1) Zone
Urban Residential Two (R2) Zone
Urban Residential Three (R3) Zone
Urban Residential Four (R4) Zone
Shoreline Residential (SHR) Zone
Hamlet Residential (HR) Zone
Rural Residential (RR) Zone
Commercial Zones
Core Area (CA) Zone
Local Commercial (LC) Zone
Highway Commercial (HC) Zone
Recreational Commercial (RC) Zone
Industrial Zones
General Industrial (M1) Zone
Rural Industrial (M2) Zone
Extractive Industrial (EM) Zone
Rural and Agricultural Zones
Rural (RU) Zone
Agricultural (A) Zone
Open Space, Environmental, Community Facility and Future Development Zones
Open Space (OS) Zone
Environmental Protection (EP) Zone
Community Facility (CF) Zone
Future Development (FD) Zone
Zoning By-Law #140-2002
Municipality of Brighton
Section 3 - Establishment of Zones
January 2020
Page 35
3.2 Location of Zones
The zones and zone boundaries are shown on the maps constituting Schedule 'A',
attached to and forming part of this By-law.
3.3 Determining Zone Boundaries
Where the boundary of any zone is shown on the Schedules forming part of this By-law,
the following provisions shall apply:
i.
Where a zone boundary is indicated as approximately following lot lines shown
on a registered Plan of Subdivision or lots registered in a registry office or land
titles office, the boundary shall follow such lot lines.
ii.
Where a public street, private street, lane, railway right-of-way, electrical
transmission line right-of-way, or watercourse is shown on the Schedules to this
By-law and serves as a boundary between two (2) or more different zones, a line
in the middle of such street, lane, right-of-way or watercourse shall be the
boundary between zones unless specifically indicated otherwise.
iii.
In the event a public street, road allowance or right-of-way is stopped up and
closed, the property within such street, road allowance or right- of-way shall be
included within the zone category or categories applying to the adjoining lands on
either side. Where the adjoining lands on either side of the former street, road
allowance or right-of-way are subject to two (2) or more different zone categories,
the new zone boundaries shall be the centerline of the former street, road
allowance or right-of-way.
iv.
Where a zone boundary is indicated as following the limits of the Municipality of
Brighton, the limits of the Municipality of Brighton shall be the boundary.
v.
Where none of the above provisions apply, the zone boundary shall be scaled
from the maps comprising Schedule 'A' to this By-law.
3.4 Special Zone Symbols
3.4.1
Site or Area-specific Zone Provisions
Where the zone symbol designating certain lands on the maps comprising Schedule 'A'
to this By-law is followed by a hyphen and a number or letter, or combination thereof,
Special Zone provisions apply to those lands so designated on the Schedules. These
Special Zone provisions are contained in Section 8. Lands so designated shall be
subject to all of the provisions and restrictions of the pertaining zone except as may be
otherwise be provided in the Special Zone Provisions.
Zoning By-Law #140-2002
Municipality of Brighton
Section 3 - Establishment of Zones
January 2020
Page 36
3.4.2
Holding Provisions
Notwithstanding any other provision in this By-law, where a zone symbol is followed by
the letter "H", no person shall use the land to which the letter "H" applies for any use
other than the use which existed on the date this By-law was passed, until the "H" is
removed in accordance with the policies of the Official Plan and the Planning Act, as
amended.
3.4.3
Floodplain and Wave Uprush Areas
i.
Where a zone symbol on the maps comprising Schedule 'A' to this By-law is
followed by the symbol "F(_)" with the brackets containing a number, the said
number shall be the minimum required elevation for any and all building or
structure openings, expressed in metres and based upon the Geodetic Survey of
Canada (G.S.C.) in accordance with the provisions of Section 4.30.3 of this By-
law.
ii.
Where a zone symbol on the maps comprising Schedule 'A' to this By-law is
followed by the symbol "U", the general wave uprush provisions of Section 4.30.4
of this By-law shall apply.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 37
4.0 General Provisions
4.1 Contents
The contents of this Section are:
4.2
Application
4.3
Uses Permitted in all Zones
4.4
Prohibited Uses
4.5
Uses Permitted in Accessory Buildings and Structures
4.6
Temporary Uses
4.7
Home Occupations/Home Industries
4.8
Group Homes
4.9
Dwelling Units
4.10
Outdoor Storage
4.11
Multiple Uses on One Lot
4.12
Multiple Zones on One Lot
4.13
Non-complying Buildings and Structures
4.14
Non-complying Lots
4.15
Non-conforming Uses
4.16
Restoration of Non-conforming Uses
4.17
Relocation of Buildings or Structures used for Non-conforming Uses
4.18
Discontinuation of Use
4.19
Lots of Record
4.20
Land without Buildings
4.21
Frontage on a Public Street
4.22
Servicing Requirements
4.23
Accessory Buildings, Structures and Uses
4.24
Standards for Accessory Buildings
4.25
Yard Encroachments
4.26
Building Lines
4.27
Encroachment Permitted in Required Yards
4.28
New Non-Agricultural Uses - Minimum Distance Separation (MDS) I
4.29
New or Expanded Livestock Facilities - Minimum Distance Separation
(MDS) II
4.30
Areas Susceptible to Flooding
4.31
Areas Subject to the Resource Reserve Overlay
4.32
Sight Triangles
4.33
Storage of Garbage
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 38
4.34
Swimming Pools
4.35
Buffer Strip Regulations
4.36
Outdoor Furnace
4.37
Shipping Container, Truck Bodies and Tractor Trailers
4.38
Bed and Breakfast Establishments
4.39
Private Home Day Care
4.40
Source Water Protection
4.41
Backyard Hens
4.42
Setbacks on County Roads and Provincial Highways
4.43
Cannabis Production Facility
4.2 Application
The regulations of this section shall apply to all zones.
4.3 Uses Permitted in All Zones
The regulations of this By-law shall not apply to prevent the use of any land for a
purpose which serves the immediate community such as a street, or to prevent the
installation of utilities which serve the immediate community such as a watermain,
sanitary sewer, gas distribution main, telephone line, electric power facilities or other
communication lines and accessory structures and facilities, provided that no goods,
material or equipment shall be stored in the open in a Residential Zone.
4.3.1
Public Uses
The provisions of this By-law shall not apply to prevent the use of any land, building or
structure by any public authority provided that:
i.
such use, building or structure complies with the standards of the zone in which it
is located;
ii.
no outdoor storage is permitted, unless such outdoor storage is specifically
permitted in the zone; and,
iii.
no buildings or structures are permitted in an Environmental Protection (EP)
Zone except those required for flood and erosion control, and landscape
stabilization.
4.3.2
Wayside Pits and Quarries
Wayside pits and quarries are permitted in all zones, except the Environmental
Protection (EP) and all Residential and Open Space (OS) Zones.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 39
4.3.3
Temporary Construction and Sales Uses
i.
Nothing in this By-law shall prevent uses incidental to construction, such as a
construction camp or other such temporary work camp, tool shed, scaffold or
other building or structure incidental to the construction, only for so long as the
same are necessary for work in progress which has neither been finished nor
abandoned.
ii.
Nothing in this By-law shall prevent the use of land for a sales office for the sale
of residential, industrial or commercial suites provided that the suites to be sold
are to be located on lands within the limits of the Municipality of Brighton.
4.4 Prohibited Uses
The following uses are prohibited throughout the Municipality:
i.
uses classified as a health hazard under provincial statute;
ii.
storage or manufacture of coil oil, rock oil, water oil, fuel oil, gasoline, naptha,
benzene, dynamite, dualine, nitro-glycerine, gunpowder, petroleum and
petroleum products for commercial purposes; and,
iii.
adult entertainment parlours.
4.4.1
Mobile Homes Prohibited in all Zones
No person shall locate or use a mobile home in any zone for the purposes of residential,
commercial, industrial or institutional uses, temporarily or permanently, unless:
i.
the use of a mobile home for such purposes is specifically indicated as a
permitted use in a particular zone or Special Zone Provision;
ii.
a mobile home structure is temporarily used during construction of a main
building or buildings on a lot; or,
iii.
the use of a mobile home structure has been temporarily authorized for use as
an emergency shelter where a dwelling or other building has been damaged by
fire or natural disaster.
4.5 Uses Permitted in Accessory Buildings and Structures
No accessory building or accessory structure shall be used for human habitation or an
occupation for gain or profit, except if specifically permitted by this By-law.
4.6 Temporary Uses
No travel trailer or motor home shall be used for the living, sleeping or eating
accommodation of persons within the Municipality for a period of more than 60 days
within any calendar year, unless such use is specifically indicated to be a permitted use
in the pertaining zone.
No truck, bus, coach or streetcar body shall be used for human habitation within the
Municipality whether or not same is mounted on wheels or any type of temporary or
permanent foundation.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 40
4.7 Home Occupations / Home Industries
4.7.1
Home Occupation
Where a home occupation is permitted in a zone, the home occupation:
i.
shall clearly be a secondary use of the lot;
ii.
shall be conducted entirely within a detached accessory building and / or the
main building on the lot;
iii.
shall be conducted by at least one (1) of the residents of a dwelling unit located
on the same lot;
iv.
shall not occupy more than 25 % of the gross floor area of the dwelling unit, if the
home occupation is contained in a dwelling unit in the main building on the lot;
v.
shall not occupy more than 50 % of the gross floor area of a detached accessory
building, if the home occupation is contained within a detached accessory
building;
vi.
shall not create noise, vibration, fumes, odour, dust, glare or radiation which is
evident outside the dwelling unit or detached accessory building;
vii.
shall not employ more than one employee, in addition to members of the
household;
viii.
shall not involve the outdoor storage or outdoor display of materials or finished
products;
ix.
shall not consist of an occupation that involves the sale of a commodity not
produced on the premises, except that telephone or mail order sales of goods is
permitted;
x.
if involving instructional activity, shall not be occupied by more than four (4)
students at any one (1) time for such an activity; and,
xi.
shall not require receipt or delivery of merchandise, goods or equipment by other
than a passenger motor vehicle or by parcel or letter carrier mail service using
motor vehicles typically employed in residential deliveries.
4.7.2
Home Industry
Where a home industry is permitted in a zone, the home industry shall comply with the
regulations of Section 4.7.1. Notwithstanding the provisions of Section 4.7.1, however,
such a use may employ two employees in addition to members of the household, and
may be located in agricultural buildings on a lot, as well as an accessory building.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 41
4.8 Group Homes
Group homes are subject to the following provisions.
4.8.1
Group Home - Type One
A Group Home - Type One (1) is permitted in a single detached dwelling wherever such
dwellings are permitted in any zone, subject to the further provisions outlined in Section
4.8.3.
4.8.2
Group Home - Type Two
A Group Home - Type Two (2) is permitted in a single detached dwelling, only on a lot
having both frontage and access exclusively onto a Provincial Highway or Arterial Road
as designated in the Municipality of Brighton Official Plan, and subject to the further
provisions of Section 4.8.3.
4.8.3
Minimum Distance Separation
Notwithstanding any other provisions of this By-law, group homes shall only be
permitted on lots complying with the minimum distance separation criteria in the table
below, in relation to other lots containing such facilities, with such minimum distance to
be measured between the nearest lot lines of the two (2) lots.
Group Home Type
Minimum Distance Separation
Type One (1) and Group Home - Type One (1)
4000 metres
Type One (1) and Group Home - Type Two (2)
8000 metres
Type Two (2) and Group Home - Type Two (2)
8000 metres
4.8.4
Compliance with Zoning By-law
No building shall be used for a group home unless such building and the lot on which it
is located comply with all of the applicable zone provisions of this By-law.
4.8.5
Registration of Group Homes
No building shall be used for the purpose of a group home unless such group home is
registered with the Municipality of Brighton.
4.9 Dwelling Units
4.9.1
Dwelling per Lot
Unless otherwise specified by this By-law, no more than one dwelling unit is permitted
on a lot.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 42
4.9.2
Agricultural or Rural Zone
Notwithstanding the provisions of subsection 4.9.1, if a parcel of land within an
Agricultural or Rural Zone used for the purposes of an agricultural use is enlarged by
the consolidation or addition of additional lands used for the purposes of an agricultural
use and containing a separate dwelling unit, the second dwelling unit shall be a
permitted use.
4.9.3
Additional Residential Units
In all Residential Zones, an additional residential unit shall be permitted in accordance
with the following regulations:
i.
Within a single detached dwelling, semi-detached dwelling or rowhouse, two (2)
additional residential units are permitted on a property; and,
ii.
One (1) additional residential unit is permitted within an ancillary building or
structure to a single detached dwelling, semi-detached dwelling or rowhouse if
the single detached dwelling, semi-detached dwelling or rowhouse contains a
single residential unit.
In the Rural and Agricultural Zones, an additional residential unit shall be permitted in
accordance with the following regulations:
i.
Within a single detached dwelling, semi-detached dwelling or rowhouse, one (1)
additional residential unit is permitted on a property; and,
ii.
One (1) additional residential unit is permitted within an ancillary building or
structure to the principle residential building.
The following general provisions apply to all zones containing an additional residential
unit:
i.
The uses above are subject to the availability of adequate servicing whether such
servicing is provided via municipal services or private individual on-site services;
ii.
Additional residential units shall not be permitted on a parcel of land, which is
located on a private road that is not assumed and maintained year-round by the
Municipality and where emergency access may be limited;
iii.
Additional residential units located within an accessory building or structure may
not be severed as a separate conveyable parcel from the principle dwelling;
iv.
The additional residential unit shall be of a size which is less than the gross floor
area of the principle residential unit;
v.
One (1) off-street parking space shall be provided for an additional residential
unit, in addition to any parking space required by the By-law for the principle
residential unit;
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 43
vi.
That the additional residential unit complies with the requirements of the Ontario
Building and Fire Code;
vii.
Prohibit additional residential units within 10 metres from an Environmental
Protection (EP) Zone boundary, or 30 metres from a top-of-bank as defined in
Section 2.0 of the By-law;
viii.
Any additional residential unit within a floodplain or wave uprush shall comply
with Section 4.30.3 and 4.30.4, respectively; and,
ix.
Additional residential units, which are located in accessory buildings and are
detached from the principle dwelling, shall comply with the accessory building
standards of Section 4.24.
4.9.4
Shared Housing
Shared housing is permitted in all Residential Zones subject to the governing zoning
district and parking provisions.
4.10 Outdoor Storage
4.10.1
Accessory Outdoor Storage
The accessory outdoor storage of goods or materials associated with a main industrial
or commercial use is only permitted within an interior side or rear yard. In such cases,
the outdoor storage area shall be screened with a solid fence, landscaped berm or other
opaque barrier a minimum of 2.4 metres in height. The height of goods or materials
within the outdoor storage area shall not exceed 4.5 metres.
4.10.2
Outdoor Storage as the Main Use of a Lot
Where the main use of a lot, goods or materials stored outdoors shall not be located
closer than 7.5 metres to any lot line. The front and exterior side yards of a lot
containing an outdoor storage use shall be screened with a landscaped berm a
minimum of 3.0 metres in height. The interior side and rear yards of a lot containing an
outdoor storage use shall be screened with a landscaped berm, solid fence, or other
opaque barrier a minimum of 3.0 metres in height.
4.11 Multiple Uses on One Lot
Where any building, structure or land is used for more than one purpose as provided in
Section 6.0 of this By-law, the said building, structure or land shall comply with the
provisions of this By-law relating to each use. In the case of a conflict, the more
stringent provision shall apply.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 44
4.12 Multiple Zones on One Lot (Divided Lot)
Where a lot is divided into more than one zone, each portion of the lot shall be used in
accordance with the provisions of this By-law for the applicable zone.
4.13 Non-Complying Buildings and Structures
4.13.1
Enlargement, Repair, or Renovation
A non-complying building or structure may be enlarged, repaired or renovated provided
that the enlargement, repair or renovation:
i.
Does not further increase a situation of non-compliance; and,
ii.
Complies with all other applicable provisions of this By-law.
4.13.2
Non-Compliance as a Result of Expropriation
Notwithstanding any other provision of this By-law, where, as a result of an acquisition
of land by a public authority, such acquisition results in a contravention of this By-law
relating to minimum yards and / or setbacks, lot coverage or maximum permitted gross
floor area or net floor area, then the lands so acquired shall be deemed to continue to
form part of the lot upon which the building or buildings are located in determining
compliance with this By-law.
4.13.3
Restoration of Non-Complying Buildings or Structures
A non-complying building destroyed by any means beyond the control of the owner may
be replaced and rebuilt to the same extent in its former location provided construction is
commenced within one year from the date of destruction and provided that the building
is completed within a reasonable time thereafter.
4.14 Non-Complying Lots
4.14.1
Non-Complying Lots
A lot in existence prior to the effective date of this By-law that does not meet the lot area
and / or lot frontage requirements of the applicable zone, may be used and buildings
thereon may be erected, enlarged, repaired or renovated provided the use conforms
with the By-law and the buildings or structures comply with all of the other provisions of
this By-law.
4.14.2
Non-Compliance as a Result of Expropriation
Notwithstanding any other provision of this By-law, where, as a result of the acquisition
of part of a lot by a public authority, the lot, after the acquisition, is a non-complying lot,
such non-complying lot may be used for any purpose permitted by this By-law within the
zone in which the lot is located.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 45
4.15 Non-Conforming Uses
No lands shall be used and no building or structure shall be used except in conformity
with the provisions of this By-law unless such use existed before the date of passing of
this By-law and provided that it has continued and continues to be used for such
purpose, and that such use, when established, was not contrary to any By-law in force
at that time.
4.16 Restoration of Non-Conforming Uses
Where the use of a building or structure is legal non-conforming and said building or
structure is damaged or destroyed by fire or natural disaster, no provision of this By-law
shall prevent the reconstruction or repair of the building or structure for the continuation
of the legal non-conforming use provided an application for a building permit is made
within 1 year of the event.
4.17 Relocation of Buildings or Structures used for Non-
Conforming Uses
A building or structure used for a non-conforming use may be relocated upon the same
lot provided the relocation of the building increases its conformity with the provisions of
this By-law to the maximum extent possible.
4.18 Discontinuation of Use
Where a use, building or structure established prior to the date of passing of this By-law
has been used for a purpose not permitted by the pertaining zone category, and said
use has been discontinued for a period of 12 consecutive months or longer, or in the
case of barns 4 years or longer, the said building or structure may only be used again
for a use which conforms with the provisions of this By-law.
4.19 Lots of Record
Notwithstanding any provision of this By-law, lots of record or lots created by
expropriation including lots with less than the required frontage, depth or area may be
developed for the uses specified in the pertaining zone provided all other provisions of
this By-law are met and, where needed, the lot can be adequately serviced with an
approved water supply and sewer services. For a lot within an Agricultural or Rural
Zone, such uses include a single detached dwelling provided all other regulations of this
By-law are complied with. Should the size of a lot of record be increased after the date
of passing of this By-law, the provisions of this section shall continue to apply.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 46
4.20 Land without Buildings
Where land is used for, or in association with residential, commercial, industrial or
institutional uses without any buildings or structures thereon, all yards required by this
By-law shall be provided and maintained as required yards, and all other applicable
provisions of the pertaining zone category shall apply.
4.21 Frontage on a Public Street
4.21.1
Frontage on a Public Street
Unless otherwise specified by this By-law, no person shall erect any building or
structure and no person shall use any building or structure, lot or parcel unless the lot or
parcel to be so used, or upon which the building is situated or erected or proposed to be
erected, abuts or fronts on a public street in accordance with the pertaining standards of
the Development Standards tables in Section 7.0 of this By-law, which is assumed by a
public authority for maintenance purposes or is being constructed pursuant to a
Subdivision or Development Agreement with a public authority.
4.21.2
Separated Lot
A lot that is separated from a public street by lands in the Open Space (OS) Zone is
deemed to have frontage on the public street.
4.21.3
Frontage on a Private Road
Notwithstanding the provisions of section 4.21.1 a person may erect a building or
structure and use said building or structure for a conforming use on a lot within a
Shoreline Residential (SR) Zone which fronts on a private road existing as of the date of
passing of this By-law, or on a navigable waterway.
4.22 Servicing Requirements
4.22.1
Non-Residential Development
No person shall use any lot, or erect or use any building or structure for residential
purposes unless an approved water supply and sanitary sewer system are available
and of sufficient capacity to service such building, structure or lot, except as otherwise
permitted by site or area-specific provisions in this By-law.
4.22.2
Change to Residential Use
No person shall change to residential the use of any building, structure or lot, unless an
approved water supply and sanitary sewer system are available and of sufficient
capacity to service such building, structure or lot, except as otherwise permitted by site
or area-specific provisions in this By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 47
4.22.3
Existing Residential Uses
The provisions of this subsection shall not apply to residential uses which existed on the
date of passing of this By-law. Any proposal to increase the number of dwelling units or
guest rooms existing on the date of passing of this By-law shall only be permitted if an
approved water supply and sanitary sewer system are available and of sufficient
capacity to service such building, structure or lot, except as otherwise permitted by site
or area-specific provisions in this By-law.
4.23 Accessory Buildings, Structures, and Uses
Where this By-law provides that land may be used or a building or structure may be
erected or used for a purpose, that purpose may include any accessory buildings,
accessory structures or accessory uses located on the same lot as the primary use to
which they are related.
4.24 Standards for Accessory Buildings
4.24.1
Setbacks for Accessory Buildings
Accessory buildings shall be located:
i.
A minimum distance from the front lot line equal to the front yard requirement for
the main building from the front lot line;
ii.
A minimum distance from an exterior side lot line equal to the exterior side yard
requirement for the main building from the exterior side lot line;
iii.
A minimum of 1.2 metres from the interior side lot line;
iv.
A minimum of 1.2 metres from the rear lot line;
v.
Notwithstanding subsections (i) through (iv), in no case shall an accessory
building be located closer than 2.0 metres to the main building on the lot; and
vi.
Notwithstanding any other provisions of this By-law to the contrary, an additional
residential unit which is located in an accessory building and is detached from
the principle dwelling, is not permitted within 30 metres of the high water mark of
any waterbody.
4.24.2
Encroachment of Eaves, Gutters, and Roof Overhangs
Eaves, gutters and roof overhangs may encroach into any setback area required by
Section 4.24.1 a distance of no more than 0.6 metres.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 48
4.24.3
Maximum Height
The maximum permitted height of any accessory building on a lot is 4.5 metres.
Notwithstanding this provision, the maximum permitted height may be increased to 6
metres if the rear lot line abuts a public street from which no vehicular access to the lot
exists and provided the entire rear wall of the accessory building is located between 1.2
metres and 3 metres from the rear lot line.
4.24.3.1
Height Exemptions
Notwithstanding Section 4.24.3, or any other provision of this By-Law to the contrary,
the height restrictions shall not apply to any of the following structures:
i.
Barn;
ii.
Antenna;
iii.
Belfry;
iv.
Chimney;
v.
Clock Tower;
vi.
Flag Pole;
vii.
Grain Elevator or Storage;
viii.
Grain Dryer;
ix.
Transmission Tower;
x.
Silo;
xi.
Spire;
xii.
Steeple;
xiii.
Ornamental Structure;
xiv.
Radio Antenna; and,
xv.
Crushing, Washing, Screening, Processing or Asphalt Plant.
4.24.4
Temporary Accessory Buildings and Structures
(added by 548-2008)
Temporary accessory buildings and structures associated with a residential use may be
erected within a required interior side or rear yard of any Residential Zone provided that
such accessory building or structure is not closer than 1.2 metres (4 feet) to the interior
side or rear lot line. In no case shall such accessory building or structure be located
closer to a front or exterior lot line than the dwelling on the lot. Temporary accessory
buildings and structures shall be subject to the maximum height provisions set out in
subsection 4.24.3.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 49
4.25 Yard Encroachments
(amended by 548-2008)
Notwithstanding the yard and setback provisions of this By-law to the contrary, decks,
unenclosed porches, balconies, steps and patios, covered or uncovered, that are not
more than 1.8 metres (6 feet) above grade, exclusive of hand railings or other similar
appurtenances; and exterior stairs and landings may project:
i.
Into a required rear yard a maximum distance of 3 metres (10 feet), but not
closer than 4.5 metres (15 feet) to the rear lot line; and,
ii.
Into any other required yard a maximum distance of 1.5 metres (5 feet), but not
closer than 1.2 metres (4 feet) to any lot line.
4.26 Building Lines
4.26.1
Front Wall
Where this By-law regulates the location of the walls of a building that face the front lot
line in relation to a building line, the building line shall be located as follows:
i.
Where both the interior side lot lines intersect with the front lot line at a 90 degree
angle and the front lot line is straight, the building line shall be located parallel to
the front lot line a distance equal to the required front yard;
ii.
Where one or both of the interior side lot lines intersect(s) with the front lot line at
an angle greater than or less than 90 degrees, or if the front lot line is not
straight, the building line shall be set back from the mid-point of the front lot line a
distance equal to the required front yard and shall be parallel to a line joining the
points where the front lot line intersects with the interior side lot lines; and,
iii.
Where the lot is a corner lot, the building line shall be located on the lot by
extending the building line on the nearest lot that fronts on the same side of the
street to the exterior side lot line.
4.26.2
Exterior Side Wall
Where this By-law regulates the location of the walls of a building that face the exterior
side lot line in relation to a building line, the building line shall be located parallel to the
exterior side lot line a distance equal to the required exterior side yard.
4.26.3
Established Building Line
Notwithstanding any front yard or exterior side yard setback provisions of this By-law to
the contrary, where a permitted building is to be erected within a built-up area where
there is an established building line extending on both sides of the proposed building
site, the proposed building may be erected closer to the street line than required by this
By-law provided such building is not erected closer to the street line than the
established building line existing on the date of passing of this By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 50
4.27 Encroachment Permitted in Required Yards
4.27.1
Architectural Features and Balconies
Architectural features such as sills, belt courses, cornices, eaves or gutters, chimney
breasts, pilasters, roof overhangs, cantilevered window bays and balconies may
encroach:
i.
Into the required front yard a distance of no more than 3 metres, but in no case
shall the architectural feature or balcony be located closer than 1.5 metres to the
front lot line;
ii.
Into the required rear yard a distance of no more than 2 metres;
iii.
Into the required exterior side yard a distance of no more than 50 % of the
required exterior side yard for the main building on the lot; and,
iv.
Into the required interior side yard a distance of no more than 50 % of the
required interior side yard for the main building on the lot.
Notwithstanding any of the above provisions, any of the features identified in this
Section are permitted to encroach into the required front yard to the front lot line and
into the required exterior side yard to the exterior side lot line if they are associated with
an apartment, office or institutional building in a Core Area (CA) Zone.
4.27.2
Deleted by By-law 220-2004
4.27.3
Encroachment of Stairs, Landings, and Ramps Used to
Access a Main Building
Stairs, landings and wheelchair ramps that access any part of the main building on the
lot, and which are not associated with a deck or porch, may encroach:
i.
Into the required front yard provided no part of the stairs, landing or ramp is
located closer than 3 metres to the front lot line;
ii.
Into the required exterior side yard a distance of no more than 50 % of the
required exterior side yard for the main building on the lot; and,
iii.
Into the required rear yard a distance of no more than 2 metres.
Notwithstanding any of the above provisions, stairs, landings and ramps used to access
a main building in the Core Area (CA) Zone are permitted to encroach into the required
front yard to the front lot line and into the required exterior side yard to the exterior side
lot line.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 51
4.28 New Non-Agricultural Uses - Minimum Distance
Separation (MDS) I
(amended by By-law 220-2004)
The establishment of any residential, institutional, commercial, industrial or active
recreational use shall comply with the requirements of the Minimum Distance
Separation Criteria (MDS I) calculated using Appendix A of this By-law. Where a legal
lot of record with an area of 1 hectare (2.47 acres) or less, existed as of the date of
adoption of this By-law, the provisions of this Section shall not serve to preclude the
issuance of a building permit for a permitted building or structure, provided all other
requirements of this By-law are met.
4.29 New or Expanded Livestock Facilities - Minimum
Distance Separation (MDS) II
(amended by By-law 220-2004)
No livestock facility, permitted in a General Industrial (M1), Rural Industrial (M2),
Extractive Industrial (EM), Rural (RU) or Agricultural (A) Zone, shall be constructed,
established or expanded unless it complies with the Minimum Distance Separation
Criteria (MDS II) calculated by using Appendix B of this By-law.
Notwithstanding the above, in no case shall a livestock facility be constructed,
established or enlarged with less than the applicable minimum setbacks (yards)
required for the zone in which such facility is to be constructed, erected or enlarged.
4.30 Areas Susceptible to Flooding
4.30.1
Designated Areas
Areas which have been identified as being susceptible to flooding from watercourses or
water bodies are designated on the maps constituting Schedule 'A' to this By-law by the
"Floodplain Zone" overlay shading outlined on, and referenced in the legends to the
maps.
4.30.2
Setback from Waterbodies and Watercourses
Notwithstanding any other provisions of the By-law, unless otherwise permitted by site
or area specific provisions in Section 8.0 of this By-law or by the provisions of Section
4.30.3 of this By-law, a main building within any zone category is not permitted within 10
metres of the high water mark of any water body or watercourse.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 52
4.30.3
Construction Requirements
The construction of any building or structure which requires the issuance of a building
permit and is located within a Floodplain Zone on the maps comprising Schedule 'A' to
this By-law shall not be permitted except in accordance with the provisions of Section
4.30.2 and Section 4.30.3 i).
However, where the lands in the Floodplain Zone are subject to a zone category
followed by the symbol "F(_)" pursuant to Section 3.4.3, the construction of any building
or structure which requires a building permit, shall only be permitted provided that the
building or structure has been flood proofed in accordance with the provisions of
subsection ii. of this Section.
i.
All buildings and structures shall be designed and constructed to withstand the
hydrostatic forces resulting from flooding as detailed and approved by the
Ontario Ministry of Natural Resources and / or the area Conservation Authority,
and in accordance with the standards and requirements of the Ontario Building
Code, as amended; and,
ii.
The minimum elevation of the ground floor or first storey of any building, other
than a non-residential accessory building, and of any exterior building opening,
shall not be less than the minimum elevation for flood proofing specified by the
number contained within the brackets following the letter "F" on the maps
comprising Schedule 'A' hereto, as specified in metres and based upon the
Geodetic Survey of Canada (G.S.C.).
4.30.4
Wave Uprush ("U") Provisions
The construction of any building or structure which requires the issuance of a building
permit and is located within or is subject to a zone category followed by the symbol "U"
pursuant to Section 3.4.3, shall only be permitted provided the building or structure has
been flood proofed. The minimum elevation for flood proofing of the ground floor or first
storey level of any building, and of any exterior building opening, shall not be less than
76.4 metres G.S.C. (Geodetic Survey of Canada), or as otherwise demonstrated
through a study prepared by a qualified professional to the satisfaction of the
conservation authority and Municipality except where the symbol "U" is followed by a
number other than 76.4, in which case the alternate number following the "U" shall
supersede and apply.
4.31 Areas Subject to the Resource Reserve Overlay
4.31.1
Designated Areas
Areas subject to the Resource Reserve provisions of this By-law are designated on the
maps constituting Schedule 'A' to this By-law by the "Resource Reserve" overlay
shading outlined on, and referenced in the legends to the maps.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 53
4.31.2
Permitted Uses
Within the areas so designated, a single detached dwelling, accessory structures, home
occupations, home industries and farm buildings are only permitted in conjunction with
an agricultural use. Conservation and forestry uses are also permitted.
4.32 Sight Triangles
Within any area defined as a sight triangle, the following uses and facilities are
prohibited:
i.
Buildings and structures;
ii.
Above ground service modules, boxes or facilities;
iii.
Mail boxes;
iv.
A fence, tree or other plant material the height of which exceeds the median
elevation of the centrelines of the abutting streets by 1 metre or more; and,
v.
A finished grade exceeding the elevation of the street lines by 0.6 metres or
more.
4.33 Storage of Garbage
All garbage generated by uses in any multiple unit building in any Residential, or
Commercial Zone, and by any restaurant use, shall be stored completely inside a fully
enclosed building or structure.
4.34 Swimming Pools
A private swimming pool may be permitted as an accessory use to a permitted
residential use provided that:
i.
The private pool is located within the interior side yard, rear yard or in the case of
a waterfront lot, the yard abutting the shoreline;
ii.
No interior wall surface of any pool is located closer that 1.5 metres to any rear,
side or front lot line, or closer than 3 metres to any portion of a rear lot line which
constitutes a side lot line of an adjoining lot; and,
iii.
No water circulation or filtration equipment is located close than 3 metres to any
side or rear lot line.
Lot Coverage Exemption
A swimming pool shall not be included in calculating lot coverage.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 54
4.35 Buffer Strip Regulations
4.35.1
Contents
A "buffer strip" as defined in this By-law, shall consist of a visual screen having a
minimum height, unless specified by other specific provisions in Section 7.0 of this By-
law, of 1.5 metres above the surrounding ground level and which is uninterrupted
except for driveways or walkways. A buffer strip shall include a planting screen, or
landscaped earth berm, or a combination of these features. The minimum width of a
buffer strip, unless specified by other provisions in Section 7.0 of this By-law, shall be 3
metres, subject to the further provision that the minimum width where an earth berm is
to be constructed, shall be the minimum width required to construct a stable berm
having slopes no greater than a 3:1 horizontal to vertical ratio.
4.35.2
Landscaped Open Supplement
A buffer strip required by the provisions of this By-law may form part of the minimum
landscaped open space requirements of this By-law.
4.35.3
Maintenance
Where a buffer strip is required by the provisions of this By-law, said buffer strip shall be
constructed and maintained by the owner(s) of the lot upon which the buffer strip is
located.
4.36 Outdoor Furnace
(added by By-law 220-2004)
Notwithstanding any other provisions of this By-law to the contrary, an outdoor furnace
shall only be permitted within an Agricultural (A) Zone or a Rural (RU) Zone and shall
comply with the following regulations:
i.
Minimum setback from:
a. A lot line abutting any Residential Zone - 50 metres
b. Any other lot line - 30 metres
ii.
The installation of such unit shall require a building permit.
4.37 Shipping Containers, Truck Bodies and Tractor Trailers
(added by By-law 220-2004)
i.
Residential Zones
Shipping containers, truck bodies, tractor-trailers and other similar containers
shall not be situated in any Residential Zone for use as an accessory building or
structure or storage structure or building.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 55
ii.
Industrial and Commercial Zones
Shipping containers, truck bodies, tractor-trailers and other similar containers
may be situated in an Industrial or Commercial Zone for use as an accessory
building or structure or storage structure or building subject to the following
provisions:
a) In no case shall such unit be situated in a front yard or exterior side yard.
b) Minimum setback from:
1) A lot line abutting any Residential Zone - 20 metres
2) Any other lot Line - 10 metres
iii.
Agricultural and Rural Zones
Shipping containers, truck bodies, tractor-trailers and other similar containers
may be situated in an Agricultural or Rural Zone for use as an accessory building
or structure or storage structure or building subject to the following provisions:
a)
Minimum setback from:
1)
A lot line abutting any Residential Zone: 50 metres
2)
Any other lot line: 30 metres
4.38 Bed and Breakfast Establishments
(added by By-law 220-2004)
The following provisions shall apply to the establishment of a bed and breakfast
establishment:
i.
A bed and breakfast establishment shall only be permitted in a single detached
dwelling and shall be limited to a maximum of three (3) guest rooms per
establishment;
ii.
A bed and breakfast establishment shall not be established or operated in an
accessory building;
iii.
One parking space shall be provided per guest room in addition to the required
spaces for the dwelling. Such parking spaces shall be on the same lot as the use
and shall comply with the requirements of Section 5.0, of this By-law;
iv.
Bed and breakfast establishments shall be deemed an accessory use to a
residential use and shall be permitted only in zones where expressly provided for
as a permitted use;
v.
Bed and breakfast establishments shall conform to all regulations and
requirements of the zone where permitted;
vi.
A bed and breakfast establishment shall not detract from the general character of
the neighbourhood nor be a nuisance in terms of noise, traffic, parking and visual
character; and,
vii.
A bed and breakfast establishment may have a sign(s) in accordance with the
Municipal Sign By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 56
4.39 Private Home Day Care
(added by By-law 220-2004)
A private home day care, as defined in this By-law shall be subject to the following
regulations:
i.
Such use shall only be established in zones where it is expressly listed as a
permitted use; and,
ii.
Such use shall only be established as an accessory use to a permitted single
detached dwelling.
4.40 Source Water Protection
This section applies to lands within the Well Head Protection Area (WHPA-A). The
regulations set forth in this section shall apply to the applicable overlay zone and shall
be in addition to those regulations set forth in the underlying zone. In the event of a
conflict between the provisions of the regulations of this overlay zone and the provisions
of the underlying zone, the provisions of the overlay zone shall prevail.
Within the WHPA-A overlay zone, the following uses are prohibited:
i.
Sewage systems;
ii.
Agricultural activities;
iii.
Non-agricultural source material;
iv.
Commercial fertilizer including handling and storage;
v.
Pesticide;
vi.
Road salt including handling and storage;
vii.
Fuel;
viii.
A dense non-aqueous phase liquid (DNAPL);
ix.
Organic solvents;
x.
Waste disposal sites; and,
xi.
Snow storage.
Within the WHPA-A Overlay Zone, any non-residential use that is proposed and listed in
this section or any non-residential use that is proposed and has the potential to use or
store any of the items listed in this section, shall be prohibited.
Zoning By-Law #140-2002
Municipality of Brighton
Section 4 - General Provisions
January 2020
Page 57
4.41 Backyard Hens
Within the Residential Zones, the following regulations apply respecting the keeping of
backyard hens:
i.
A maximum of four (4) hens, at a minimum age of four (4) months may be
permitted in the RR, R1, R2, R3, HR Zones, on a lot that meets the required lot
area and frontage and where the hens are contained to the rear yard within a
coop. A coop must meet the side and rear yard setbacks for the zone, be a
maximum of 10 square metres in size and be at least 3 metres away from any
neighbouring windows or doors.
ii.
Hens shall only be kept for the purposes of egg production and the hens shall not
be consumed. Eggs are to be consumed by the property owners and shall not
be for sale or distribution to the public.
iii.
Home slaughter of hens is prohibited and any deceased hens shall be disposed
of at a livestock disposal facility or through the services of a veterinarian.
iv.
Roosters shall not be permitted.
4.42 Setbacks on County Roads and Provincial Highways
Notwithstanding the setback requirements established in any other zone of this By-law,
on lots fronting on a County Road, no building or part thereof shall be erected, altered or
used except in accordance with the requirements of the County of Northumberland
Official Plan and the Ministry of Transportation (MTO) guidelines.
4.43 Cannabis Production Facility
The following provisions shall apply to regulate the location and operation of a cannabis
production facility, as defined in this By-law:
a) A cannabis production facility shall only be permitted where full municipal
services are available, and where there is sufficient municipal sewer and water
capacity to support the facility;
b) Where a cannabis production facility is located on a lot, no other use shall be
permitted on the same lot;
c) A cannabis production facility shall not be permitted to locate on a lot where any
part of the lot is closer than 70 metres to a lot in the Residential, Commercial,
Open Space, Future Development or Community Facility Zones; and,
d) Where a cannabis production facility abuts a non-industrial use, a landscape
buffer having a minimum width of 9 metres is to be provided and maintained
adjacent to all lot lines, and is uninterrupted except by driveways and railways.
Zoning By-Law #140-2002
Municipality of Brighton
Section 5 - Parking and Loading Standards
January 2020
Page 58
5.0 Parking and Loading Standards
5.1 Parking Standards
5.1.1
General
No person shall use any land, building or structure in any zone for any purpose
permitted by this By-law, unless parking spaces are provided on the same lot in
accordance with the provisions of this section. The number of parking spaces required
shall be calculated in accordance with the standards set out in the following Parking
Standards Tables A, B, and C.
5.1.2
Cash in Lieu of Parking
Notwithstanding the provisions of Section 5.1.1, in the Core Area (CA) Zone, the
Municipality may enter into an agreement exempting an owner or occupant from
providing or maintaining some or all of the required parking spaces and such an
agreement shall provide for the making of one or more payments to the Municipality in
lieu of the provision of parking.
Table A - Minimum Off-Street Parking Requirements for Residential Uses
Residential Use
Requirements
Single and Semi-Detached
Dwellings
2 parking spaces per dwelling unit
Duplex, Triplex, Fourplex and
Multiple Dwellings
1.5 parking spaces per dwelling unit
Apartment Dwellings
1.25 parking spaces per dwelling unit
Rowhouse Dwellings
2 parking spaces per dwelling unit
Nursing Home or Retirement
Home
1 parking space for every 4 dwelling units or guest
rooms
Bed and Breakfast Establishment,
Boarding or Lodging House
1 parking space per dwelling unit plus 1 parking space
per guest room
Accessory Dwelling Unit
1 parking space
Additional Residential Unit
1 parking space per unit
Shared Housing
Number of parking spaces required is based upon the
residential use in Table A plus one (1) additional parking
space for any staff, if applicable
Other Residential Uses not
specified above in this Table
1 parking space per dwelling unit
Zoning By-Law #140-2002
Municipality of Brighton
Section 5 - Parking and Loading Standards
January 2020
Page 59
Table B - Minimum Off-Street Parking Requirements for Non-Residential Uses
Non-Residential Use
Requirements
Arena
1 parking space per 6 seats
Art Gallery
1 parking space per 93 square metres of gross floor
area
Assembly Hall
1 parking space per 10 square metres of gross floor
area
Banquet Hall
1 parking space per 9 square metres of gross floor
area
Basement, Cellar or Mezzanine
used for storage
1 parking space per 93 square metres of gross floor
area
Bowling Alley
4 Parking spaces per lane
Business or Professional Office
1 parking space per 30 square metres of gross floor
area
Casino
1 parking space per 10 square metres of gross floor
area
Commercial Fitness Centre
1 parking space per 30 square metres of gross floor
area
Commercial School
1 parking space per 20 square metres of gross floor
area
Community Centre
1 parking space per 15 square metres of gross floor
area
Curling Rink
4 parking spaces per sheet
Day Nursery
1.5 parking spaces per classroom plus 1 queued
parking space per every five children capacity
Golf Driving Range
1.5 parking spaces per tee
Financial Institution
1 parking space per 20 square metres of gross floor
area
Funeral Home
1 parking space per 20 square metres of gross floor
area or 1 parking space per 4 seats in a chapel,
whichever is greater. For the purposes of this
standard, each 50 centimetres of bench length
equals 1 seat.
Golf Course
11 parking spaces per hole
Group Home
0.5 parking spaces per bed
Zoning By-Law #140-2002
Municipality of Brighton
Section 5 - Parking and Loading Standards
January 2020
Page 60
Non-Residential Use
Requirements
Home Furnishings Store
1 parking space per 40 square metres of gross floor
area
Hospital
1 parking space per 4 beds or 1 parking space per
40 square metres of gross floor area, whichever is
greater
Hotel
0.85 parking spaces per suite plus 1 parking space
for every 10 square metres of gross floor area
devoted to assembly hall uses
Industrial Uses:
a. gross floor area of each
premises up to 1200 square
metres
b. gross floor area of each
premises between 1200 and
6000 square metres
c. gross floor area of each
premises in excess of 6000
square metres
1 parking space per 40 square metres of gross floor
area
1 parking space per 100 square metres of gross
floor area
1 parking space per 200 square metres of gross
floor area
Industrial Warehouse:
a. with a gross floor area of less
than 5,000 square metres
b. with a gross floor area of 5,000
square metres or greater
1 parking space per 100 square metres of gross
floor area
1 parking space per 200 square metres of gross
floor area
Laundromat
1 parking space for each 3 washing machines
Library
1 parking space per 40 square metres of gross floor
area
Marina
1 parking space per 20 square metres of retail and
restaurant floor area plus 1 parking space per 2
boat slips
Miniature Golf Course
1.5 parking spaces per tee
Medical Clinic
1 parking space per 9.5 square metres of gross
floor area
Motel
1 parking space per room
Motor Vehicle Sales
Establishment
A minimum of 10 parking spaces in addition to
outdoor display areas
Motor Vehicle Service Station
1 parking space per 20 square metres of gross floor
area
Zoning By-Law #140-2002
Municipality of Brighton
Section 5 - Parking and Loading Standards
January 2020
Page 61
Non-Residential Use
Requirements
Museum
1 parking space per 40 square metres of gross floor
area
Nightclub
1 parking space per 7.5 square metres of gross
floor area
Nursery/Garden Centre
1 parking space per 20 square metres of gross floor
area
Personal Service Shop
1 parking space per 30 square metres of gross floor
area
Place of Worship
1 parking space per 10.0 square metres of gross
floor area or 1 parking space per 4 seats,
whichever is greater. Where the seating is provided
by open benches, every 50 cm of bench length
shall be considered as one seat for the purpose of
this By-law. If an assembly hall is included, the
parking requirement shall be calculated separately
and if the number of parking spaces for only the
assembly hall is greater than what would be
required for a place of worship without an assembly
hall, the number of parking spaces required for the
assembly hall shall be the only parking spaces
required on the lot.
Private Club
1 parking space per 30 square metres of gross floor
area
Restaurant (all types)
The greater of:
1 parking space per 15 square metres of gross floor
area or
1 parking space per 4 person design capacity of the
dining room.
Any outdoor patio area associated with a restaurant
not exceeding 50 % of the total gross floor area of
the restaurant shall be exempt from this
requirement. Outdoor patio area in excess of 50 %
of the total gross floor area of the restaurant shall
require parking at the above rate.
In addition to the above, a restaurant with drive-
through facilities shall provided stacking capacity
within the designated vehicular aisle for not less
than 10 vehicles.
Zoning By-Law #140-2002
Municipality of Brighton
Section 5 - Parking and Loading Standards
January 2020
Page 62
Non-Residential Use
Requirements
Retail Store
a. with a gross floor area of less
than 6,000 square metres
b. with a gross floor area of 6,000
square metres or greater
1 parking space per 30 square metres of gross floor
area
1 parking space per 20 square metres of gross floor
area
School, Elementary
The greater of 1.5 parking spaces per classroom or
1 parking space per 3.5 square metres of floor area
devoted to a gymnasium or auditorium
School Secondary
4 parking spaces per classroom
Shooting Gallery or Range
1 parking space per person design capacity
Shopping Centre
1 parking space per 18.5 square metres of gross
leasable floor area.
1 parking space per 30 square metres of gross floor
area for business or professional offices on any
storey above the first storey is also required.
Restaurants are subject to the following
requirements:
1 parking space per 18.5 square metres of gross
leasable floor area for that portion that occupies
20% or less of the gross leasable floor area of the
shopping centre.
1 parking space per 9 square metres of gross
leasable floor area for that portion that occupies
more than 20% of the gross leasable floor area of
the shopping centre.
Stadium
1 parking space per 6 seats. Where the seating is
provided by open benches, every 50 centimetres of
bench length shall be considered as one seat for
the purpose of this By-law.
Supermarket
1 parking space per 20 square metres of gross floor
area
Theatre
1 parking space per 6 seats
Trade or Convention Centre
1 parking space per 20 square metres of gross floor
area
Veterinary Clinic
1 parking space per 9.5 square metres of gross
floor area
Any use not specified above
1 parking space per 30 square metres of gross floor
area
Zoning By-Law #140-2002
Municipality of Brighton
Section 5 - Parking and Loading Standards
January 2020
Page 63
5.2 Parking for the Physically Disabled
Parking spaces for the physically disabled are required for non-residential uses in
accordance with the following table:
Table C - Minimum Off-Street Barrier Free Parking Spaces
Number of Required Parking Spaces
Number of Required Barrier Free
Parking Spaces
Column A
Column B
Less than 10
0
11 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1000
2% of the total
1001 and over
20 plus 1 for each 100 over 1000
5.3 Extension or Enlargement of Existing Uses and Changes
in Use Requiring Additional Parking
i.
Where a use existing as of the date of passing of this By-law conforms with the
pertaining permitted use provisions of this By-law for the Core Area (CA) Zone
but does not comply with the minimum parking requirement of this By-law, such
use may be extended or enlarged provided the additional parking required solely
for the extension or enlargement is also provided on the lot.
ii.
Where a use existing as of the date of passing of this By-law and located in a
Core Area (CA) Zone does not comply with the minimum parking requirement for
that use, and is proposed to be changed to an alternate use which conforms with
the permitted use provisions of this By-law for said zones, the proposed change
of use is permitted provided the order of magnitude of the parking deficiency for
the existing use is not increased.
Zoning By-Law #140-2002
Municipality of Brighton
Section 5 - Parking and Loading Standards
January 2020
Page 64
5.4 Parking Area and Driveway Regulations
5.4.1
Regulations for Parking Areas
5.4.1.1
Location of required parking spaces
Parking spaces required by this By-law in accordance with Sections 5.1 and 5.2 shall be
provided on the same lot as the building, structure or use requiring the parking.
5.4.1.2
Location of parking in Residential Zones
(amended by By-law 339-2005)
Uncovered surface parking areas shall be permitted in all yards.
5.4.1.3
Number of required parking spaces permitted on a driveway
No more than one (1) required parking space associated with a single detached, semi-
detached or rowhouse dwelling unit shall be located on a driveway within the front yard
or the exterior side yard of a lot.
5.4.1.4
Size of required parking spaces
Each required parking space in a parking area shall have a width of not less than 2.7
metres and a length of not less than 5.8 metres with the exception of a parking space
for the physically disabled, which shall have a width of not less than 3.9 metres and a
length of not less than 5.8 metres.
5.4.1.5
Setbacks for parking garages below grade
No setbacks or yards shall be required for any portion of a private garage or parking
garage if it is constructed completely below the established grade.
5.4.1.6
Regulations for tandem parking spaces
Tandem parking spaces are permitted on lots with buildings containing no more than
two (2) dwelling units.
5.4.2
Regulations for Driveways
5.4.2.1
Surface of driveway to a parking area or a parking lot
A driveway to any parking area or parking lot shall be maintained with a stable surface
which is treated so as to prevent the raising of dust or loose particles.
Zoning By-Law #140-2002
Municipality of Brighton
Section 5 - Parking and Loading Standards
January 2020
Page 65
5.4.2.2
Width of driveways leading to a parking area or a parking lot
Driveways that cross a front or exterior side lot line and lead to a parking area or
parking lot shall be a minimum of 3 metres in width for one-way traffic and a minimum of
6.7 metres in width for two-way traffic.
5.4.2.3
Setbacks for driveways
Driveways that cross a front or exterior side lot line of a lot within any Residential Zone
shall be located no closer than:
i. 1.0 metre to an interior lot line, where the driveway crosses the front lot line;
and,
ii. 6.0 metres to an exterior side lot line, where the driveway crosses the front lot
line.
Notwithstanding the above requirements, a driveway may be located closer than 1.0
metre to the interior side lot line if the driveway crosses the front lot line and is to be
shared with a driveway on an abutting lot and / or the driveway accesses a detached
garage in the rear yard.
iii. The minimum distance between two (2) separate driveway entrances on one (1)
lot, measured along the street line, shall be 7.5 metres.
iv. The minimum distance between a driveway and an intersection of street lines,
measured along the street line crossed by such driveway, shall be 9.5 metres
for all residential uses in any Residential Zone, and 15 metres for all uses in all
other zones.
5.5 Parking of Commercial and Recreational Trailers /
Vehicles and Boats
No person shall use any parking area or parking space in any Urban Residential Zone
except in accordance with the following provisions:
i.
Commercial and Recreational Vehicle Parking / Storage:
a. Not more than one vehicle per dwelling unit shall be a commercial motor
vehicle as defined in The Highway Traffic Act, as amended from time to
time.
b. The rated capacity of any such commercial motor vehicle shall not exceed
one (1) tonne.
c. The parking or storing of a commercial or recreational vehicle shall be
permitted within an interior side yard or rear yard on a lot.
d. The parking of a commercial or recreational vehicle weighing in excess of
2,725 kilograms shall be prohibited on the lot.
Zoning By-Law #140-2002
Municipality of Brighton
Section 5 - Parking and Loading Standards
January 2020
Page 66
e. Commercial or recreational vehicles weighing less than 2,725 kilograms
may be parked on a lot providing the operator of the vehicle resides in a
dwelling on a lot.
f. No person shall park in the open any boat, trailer or travel trailer in excess
of 7.6 metres in length within 1.2 metres of any side or rear lot line or
within any front yard on the lot.
g. No person shall park any boat, trailer or travel trailer, regardless of length
within 0.3 metres of any side or rear lot line.
h. Where the length of the boat, motor home or travel trailer exceeds 7.6
metres, such vehicle may be parked or stored on a lot in an Urban
Residential Zone for a period of no more than 72 hours in any calendar
month, unless it is stored within a fully enclosed building.
i. The parking or storage of such a boat, motor home or trailer is permitted
within any other zone provided all provisions of this By-law are complied
with.
j. Parking and storage of the following vehicles are prohibited in all urban
residential zones:
- Two (2) or more unlicensed vehicles;
- Vehicles equipped with more than three (3) axles, excluding space
wheels designed to support the vehicle when parked or stored;
- Bus;
- Vehicles designed to run only on rails;
- Farm tractors;
- Construction vehicles;
- Tracked vehicles, except for snowmobiles; and,
- Vehicles in a wrecked, dismantled or inoperative condition.
5.6 Loading Space Requirements
5.6.1
Number of loading spaces required
Loading spaces shall be provided for all non-residential uses in accordance with the
standards below:
i.
If the use, or a combination of uses, has a gross floor area of less than 300
square metres, no loading spaces are required;
ii.
If the use, or a combination of uses, has a gross floor area of between 300 and
2000 square metres, one loading space is required; and,
iii.
If the use, or a combination of uses, has a gross floor area greater than 2000
square metres, a minimum of two loading spaces are required.
Zoning By-Law #140-2002
Municipality of Brighton
Section 5 - Parking and Loading Standards
January 2020
Page 67
5.6.2
Permitted location for loading spaces
i.
Loading spaces shall be located only in an interior side yard or rear yard and on
the same lot as the use, or combination of uses, requiring the loading spaces.
ii.
Notwithstanding the provisions set out in subsection i above, within the General
Industrial (M1) Zone loading spaces may be permitted in a front yard or exterior
side yard provided such loading space is located a minimum of 9 metres from the
street line and is not located within a site triangle as defined in this By-law.
(added by By-law 220-2004).
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 68
6.0 Permitted Uses
6.1 Zones
Uses which are permitted in the following zones are identified on the following Permitted
Use tables:
Zone Category
Table
Section
Urban Residential One (R1) Zone
Urban Residential Two (R2) Zone
Urban Residential Three (R3) Zone
Urban Residential Four (R4) Zone
Shoreline Residential (SHR) Zone
Rural Residential (RR) Zone
Hamlet Residential (HR) Zone
1
6.2
Local Commercial (LC) Zone
Core Area (CA) Zone
Highway Commercial (HC)
Recreational Commercial (RC) Zone
2
6.3
General Industrial (M1) Zone
Rural Industrial (M2) Zone
Extractive Industrial (EM) Zone
3
6.4
Rural (RU) Zone
Agricultural (A) Zone
4
6.5
Open Space (OS) Zone
Community Facility (CF) Zone
Environmental Protection (EP) Zone
5
6.6
Future Development (FD) Zone
6
6.7
Permitted uses in a zone are noted by the symbol 'X' in the column for that zone
corresponding with the row for a specific permitted use. A number or numbers following
the symbol 'X', or following the zone heading, or following the name of a permitted use,
indicates that one or more special provisions apply to the noted use or zone. Special
provisions are listed at the end of each table.
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 69
6.2 Residential Zones
Table 1 - Residential Zones
Permitted Uses
Use
(R1)
(R2)
(R3)
(R4)
(SHR)
(RR)
(HR)
Additional Residential Unit
X (8)
X (8)
X (8)
X (8)
X (8)
X (8)
X (8)
Apartment Dwelling
X
Single Detached dwelling
X
X
X (4)
X
X
Semi-Detached dwelling
X
X
X
Duplex Dwelling
X
X
X
X
Triplex Dwelling
X
Fourplex Dwelling
X
X
Rowhouse Dwelling
X
Bed and Breakfast
Establishment
X (6)
X (6)
X (5) (6)
X (6)
X (6)
Boarding or Lodging House
X (7)
X (7)
Convenience Retail Store
X (2)
X
Group Home
X (3)
X (3)
X (3)
X (3)
X (3)
Home Occupation
X (1)
X (1)
X (1)
X
X (1) (5)
X (1)
X (1)
Home Industry
X (1)
Nursing Home
X
X
X
Personal Service Shop
X (2)
X
Private Club
X (2)
X (2)
Private Home Day Care
X
X
X
X
X
X
X
Shared Housing
X
X
X
X
X
X
Retirement Home
X
X
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 70
Explanation of Special Provisions (#)
(1) Subject to the General Provisions of Section 4.7
(2) Permitted only within the first storey of a multiple storey apartment building. The
maximum permitted gross floor area is 300 m2.
(3) Subject to the General Provisions of Section 4.8.
(4) If a lot is accessed by a private road, a dwelling is only permitted where the
dwelling existed as of the date of passing of this By-law, or new dwellings on a lot
of record.
(5) Only permitted where the lot is accessed by a public street.
(6) Subject to the General Provisions of Section 4.38.
(7) The maximum permitted number of guest rooms is ten (10).
(8) Subject to the General Provisions of Section 4.9.3.
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 71
6.3 Commercial Zones
Table 2 - Commercial Zones
Permitted Uses
Use
(LC) (5)
(CA)
(HC)
(RC)
Agricultural Service Use
X
Agricultural Produce Sales Outlet
X
Arcade
X
X
X
Art Gallery
X
X
X
Assembly Hall
X
X
X
Bake Shop
X (1)
X
X
Banquet Hall
X
X
X
Building Supply Outlet
X
Business or Professional Office
X
X
X
X
Campground
X
Casino
X
Commercial Club
X
X
Commercial Fitness Centre
X
X
X
Commercial Greenhouse
X
Commercial Parking Lot
X (6)
X
Convenience Retail Store
X (1)
X
X
X
Custom Workshop
X
X
Day Nursery
X
X
X
Dwelling Unit, Apartment
X
X (3)
X
Financial Institution
X
X
X
Funeral Home
X
X
Gas Bar
X
X
Golf Course
X
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 72
Permitted Uses
Use
(LC) (5)
(CA)
(HC)
(RC)
Golf Course Driving Range
X
Home Furnishing Store
X (1)
X (1)
Home Occupation
X (4)
X (1)
Hotel
X
X
X
Library
X
X
X
X
Marina
X
Medical Clinic
X
X
X
X
Motel
X
X
Motor Vehicle Repair Shop
X
Motor Vehicle Sales Establishment
X
Motor Vehicle Service Station
X
Museum
X
X
X
Night Club
X
Plant Nursery
X
Personal Service Shop
X
X
X
Place of Entertainment
X
X
X
Place of Worship
X
X
Private Club
X
X
X
Recreational Use
X
X
Repair Shop
X
X
X
Restaurant
X
X
X
Restaurant, Take Out
X
X
X
Retail Store
X (1)
X
X
Riding School
X
School, Commercial
X
X
School, Private
X
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 73
Permitted Uses
Use
(LC) (5)
(CA)
(HC)
(RC)
Shopping Centre
X (1)(2)
Supermarket
X (1)
X
Theatre
X
X
X
Veterinary Clinic
X
X
Explanation of Special Provisions (#)
(1) Outdoor storage and display are not permitted.
(2) The minimum permitted gross floor area of a shopping centre is 1400 m2, in
addition in a multi-unit building, the gross floor area of an individual unit or store
shall be 375 m2.
(3) Permitted on any storey above the first storey.
(4) Subject to the General Provisions of Section 4.7.
(5) The maximum permitted gross floor area of any individual premise is 300 m2.
(6) A landscape buffer strip with a minimum depth of 3 metres is required along the
front and exterior side lot line. A landscape buffer strip with a minimum depth of 2
metres is required along an interior side and rear lot line.
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 74
6.4 Industrial Zones
Table 3 - Industrial Zones
Permitted Uses
Use
(MI)
(M2)
(EM)
Agricultural Use
X
X
X
Agricultural Industrial Use
X
X
Agricultural Processing Use
X
X
X
Agricultural Produce Sales Outlet
X
X
X
Agricultural Service Use
X
X
X
Animal Hospital
X
Banquet Hall
X
Building Supply Outlet
X
X
Business or Professional Office
X
X
Cannabis Production Facility
X (5)
Commercial Club
X
Commercial Fitness Centre
X
Contractor's Yard
X
X
Custom Workshop
X
X
Day Nursery
X
Dry Industrial Use
X
Dwelling Unit, Accessory
X
X
Extraction Pit
X
Factory Sales Outlet
X (1)
X (1)
Industrial Use
X (4)
Marina
X
X
Motor Vehicle Body Shop
X
X
Motor Vehicle Storage Compound
X
X
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 75
Permitted Uses
Use
(MI)
(M2)
(EM)
Night Club
X
Outdoor Storage Use
X (3)
X (3)
Personal Service Shop
X (2)
Printing or Publishing Establishment
X
Repair Shop
X
X
Restaurant
X
Saw Mill or Planing Mill
X
X
Self Storage Facility
X
X
Trade or Convention Centre
X
Transport Terminal
X
X
Motor Vehicle Repair Shop
X
X
Explanation of Special Provisions (#)
(1) The total floor area of a factory sales outlet shall not exceed 20% of the total
gross floor area of the building containing the industrial use with which it is
associated.
(2) Permitted only within a hotel or a trade or convention centre.
(3) Subject to the General Provisions of Section 4.10.
(4) Outdoor storage associated with an industrial use is subject to the General
Provisions of Section 4.10.
(5) Subject to the General Provisions of Section 4.43.
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 76
6.5 Rural and Agricultural Zones
Table 4 - Rural and Agricultural Zones
Permitted Uses
Use
(RU)
(A)
Additional Residential Unit
X (5)
X (5)
Agricultural Use
X
X
Agricultural Processing Use
X
X
Agricultural-Related Use
X
X
Agri-Tourism Use
X
X
Airfield
X (1)
Bed and Breakfast Establishment
X
X
Bunkhouse
X (2)
X (2)
Commercial Greenhouse
X
X
Conservation Use
X
X
Dwelling, Single Detached
X
X
Dwelling, Semi-Detached
X
X
Dwelling, Duplex
X
X
Equestrian Use
X
X
Forestry Use
X
X
Group Home
X (3)
X (3)
Home Occupation
X (4)
X (4)
Home Industry
X (4)
X (4)
On-Farm Diversified Uses
X
X
Private Home Daycare
X
X
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 77
Explanation of Special Provisions (#)
(1) Permitted only as an accessory use.
(2) Permitted only as an accessory use to a principle agricultural use.
(3) Subject to the General Provisions of Section 4.8
(4) Subject to the General Provisions of Section 4.7
(5) Subject to the General Provisions of Section 4.9.3
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 78
6.6 Open Space, Community Facility and Environmental
Protection Zones
Table 5 - Open Space, Community, Facility, and Environmental Protection Zones
Permitted Uses
Use
(OS)
(CF)
(EP)
Arena
X
Art Gallery, Public
X
Assembly Hall or Auditorium
X
Community Centre, Public
X
Conservation Use
X
X
X
Curling Rink
X
Day Nursery
X
Fire Hall
X
Forestry Use
X
X
X
Fraternal Lodge
X
Hospital
X
Library
X
Museum, Public or Private
X
Nursing Home
X
Park, Public or Private
X (1)
X (1)
X (3)
Parking Lot
X (2)
X (2)
Parking Garage
X (2)
Place of Worship
X
Police Station
X
Post Office
X
Private Club
X
Public or Private School
X
Municipal Well
X
Utilities Uses
X
Zoning By-Law #140-2002
Municipality of Brighton
Section 6 - Permitted Uses
January 2020
Page 79
Explanation of Special Provisions (#)
(1) The only permitted buildings and structures are picnic shelters, playgrounds,
pedestrian walkways, pedestrian bridges, boardwalks, washrooms, exercise
equipment or structures, docks, bicycle paths and related accessory structures.
(2) Permitted as an accessory use only.
(3) Passive recreational uses such as a trail are permitted.
6.7 Future Development Zone
Table 6 - Future Development Zone
Permitted Uses
Use
(FD)
Any uses, buildings and structures legally existing at the date of
adoption of this By-law, including home occupation and accessory
uses
X
New home occupation uses
X
New uses and buildings accessory to the permitted uses
X
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 80
7.0 Development Standards
7.1 Zones
Standards for the following zones are shown on the following Zone Standards tables:
Zone Categories
Table
Section
Urban Residential One (R1) Zone
Table 6
7.2
Urban Residential Two (R2) Zone
Table 7
7.3
Urban Residential Three (R3) Zone
Table 8
7.4
Urban Residential Four (R4) Zone
Table 9
7.5
Rural Residential (RR) Zone
Hamlet Residential (HR) Zone
Shoreline Residential (SHR) Zone
Table 10
7.6
Local Commercial (LC) Zone
Core Area (CA) Zone
Highway Commercial (HC) Zone
Recreational Commercial (RC) Zone
Table 11
7.7
General Industrial (MI) Zone
Rural Industrial (M2) Zone
Extractive Industrial (EM) Zone
Table 12
7.8
Rural Zone (RU) Zone
Agricultural (A) Zone
Table 13
7.9
Open Space (OS) Zone
Community Facility (CF) Zone
Environmental Protection (EP) Zone
Table 14
7.10
Future Development (FD) Zone
Table 15
7.11
A number or numbers in brackets following the zone standard, the zone heading or the
description of the standard, indicate that a Special Provision or Provisions apply to the
noted zone or requirement. Special Provisions are listed at the end of the table.
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 81
7.2 Standards for the Urban Residential One (R1) Zones
Table 6 - Standards for the Urban Residential One (R1) Zones
Standards for (R1) Zone
Minimum Lot Frontage
-
Interior Lot
-
Corner Lot
16.7 metres
19.5 metres
Minimum Lot Area
340 m2
Maximum Lot Coverage
40 %
Minimum Landscaped Open Space
40 %
Minimum Front Yard
4.5 metres (1)
Minimum Exterior Side Yard
4.0 metres (1)
Minimum Interior Side Yard
1.2 metres (1)
Minimum Rear Yard
7.5 metres (1)
Maximum Height
-
Main Building
-
Accessory Building
11.0 metres
4.5 metres
Explanation of Special Provisions (#)
(1)
No part of a main building shall be constructed within 10 metres of an
Environmental Protection (EP) Zone boundary, or a top-of-bank as defined in
Section 2.0 of this By-law.
No part of an accessory building or structure shall be constructed within 7.5
metres of an Environmental Protection (EP) Zone boundary, or a top-of-bank as
defined in Section 2.0 of this By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 82
7.3 Standards for the Urban Residential (R2) Zone
Table 7 - Standards for the Urban Residential (R2) Zone
Standards for the (R2) Zone
Zone Provisions
Single Detached
Dwelling
Semi-Detached
Dwelling
Duplex
Dwelling
Minimum Lot Frontage:
- Interior lot
- Corner lot
15.0 metres
17.4 metres
10 metres/unit
14.5 metres/unit
20.0 metres
26.0 metres
Minimum Lot Area
340.0 m2
300 m2 /unit
600 m2
Maximum Lot Coverage
40 %
40 %
40 %
Minimum Landscaped Open
Space
30 %
30 %
30 %
Maximum Residential
Density
N/A
N/A
N/A
Minimum Front Yard
4.5 metres (1)
4.5 metres (1)
6.0 metres (1)
Minimum Exterior Side Yard
2.4 metres (1)
4.5 metres (1)
6.0 metres (1)
Minimum Interior Side Yard
1.2 metres (1)
1.2 metres on one
side
Nil on the attached
side
1.2 metres (1)
Minimum Rear Yard
7.5 metres (1)
7.5 metres (1)
7.5 metres (1)
Maximum Height:
- Main Building
- Accessory Building
11.0 metres
4.5 metres
11.0 metres
4.5 metres
11.0 metres
4.5 metres
Explanation of Special Provisions (#)
(1)
No part of a main building shall be constructed within 10 metres of an
Environmental Protection (EP) Zone boundary, or a top-of-bank as defined in
Section 2.0 of this By-law.
No part of an accessory building or structure shall be constructed within 7.5
metres of an Environmental Protection (EP) Zone boundary, or a top-of-bank as
defined in Section 2.0 of this By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 83
7.4 Standards for the Urban Residential (R3) Zone
Table 8 - Standards for the Urban Residential (R3) Zone
7.4.1 Semi-detached and duplex dwelling uses as permitted in the R2 Zone are also
permitted in R3 Zone.
Standards for the (R3) Zone
Zone Provisions
Triplex Dwelling Fourplex
Dwelling
Boarding or
Lodging
H
Nursing or
Retirement Home
Minimum Lot Frontage
23.0 metres
30.0 metres
30.0 metres
30.0 metres
Minimum Lot Area
695 m2
1000 m2
1000 m2
1000 m2
Maximum Lot Coverage
4 0%
45 %
40 %
55 %
Maximum Residential
Density
N/A
N/A
N/A
60 units/
net hectare
Minimum Front Yard
6.0 metres
6.0 metres
6.0 metres (1) 6.0 metres
Minimum Exterior Side Yard 6.0 metres (1)
6.0 metres (1) 6.0 metres (1) 6.0 metres (1)
Minimum Interior Side Yard
Maximum Interior Side Yard 4.5 metres (1)
4.5 metres (1) 4.5 metres (1) 4.5 metres/storey (1)
11.0 metres
Minimum Rear Yard
Maximum Rear Yard
6.0 metres (1)
6.0 metres (1) 6.0 metres (1) 6.0 metres/storey (1)
12.0 metres
Maximum Height
- Main Building
- Accessory Building
11.0 metres (1)
4.5 metres
11.0 metres (1)
4.5 metres
11.0 metres
4.5 metres
11.0 metres (1)
4.5 metres
Minimum Landscaped Open
Space
30 %
30 %
30 %
30 %
Explanation of Special Provisions (#)
(1)
No part of a main building shall be constructed within 10 metres of an
Environmental Protection (EP) Zone boundary, or a top-of-bank as defined in
Section 2.0 of this By-law.
No part of an accessory building or structure shall be constructed within 7.5
metres of an Environmental Protection (EP) Zone boundary, or a top-of-bank as
defined in Section 2.0 of this By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 84
7.5 Standards for the Urban Residential Four (R4) Zone
7.5.1
Fourplex, boarding and lodging house and nursing and retirement home uses as
permitted in the R3 Zone are also permitted in R4 Zone.
Table 9 - Standards for the Urban Residential Type (R4) Zone
Standards for the (R4) Zone
Zone Provisions
Rowhouse Building
Apartment Building
Minimum Lot Frontage
6.0 metres/unit (1) (2)
30.0 metres
Minimum Lot Area per
Dwelling Unit
190 m2
100 m 2
Maximum Lot Coverage
40 %
35 %
Minimum Front Yard
4.5 metres (3)
9.0 metres (3)
Minimum Exterior Side Yard
4.5 metres (3)
9.0 metres (3)
Minimum Interior Side Yard
Maximum Interior Side Yard
Nil for an interior unit.
3.0 metres for an end unit (3)
6.0 metres (3)
12.0 metres
Minimum Rear Yard
Maximum Rear Yard
6.0 metres (3)
3.0 metres/storey
12.0 metres (3)
Maximum Height
- Main Building
- Accessory Building
11.0 metres
4.5 metres
24.0 metres
4.5 metres
Minimum Landscaped
Open Space
30 %
30 %
Explanation of Special Provisions (#)
(1) The minimum required lot frontage for an end unit on an interior lot is 9 metres.
The minimum required lot frontage for an end unit on a corner lot is 10.5 metres.
(2) The minimum required lot frontage for a rowhouse building or buildings internally
accessed by a private road is 30 metres.
(3) No part of a main building shall be constructed within 10 metres of an
Environmental Protection (EP) Zone boundary, or a top-of-bank as defined in
Section 2.0 of this By-law.
No part of an accessory building or structure shall be constructed within 7.5
metres of an Environmental Protection (EP) Zone boundary, or a top-of-bank as
defined in Section 2.0 of this By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 85
7.6 Standards for the Rural, Shoreline and Hamlet
Residential Zones
Table 10 - Standards for the Rural, Shoreline and Hamlet Residential Zones
Standards for the (RR), (SHR) and (HR) Zones
Zone Provisions
(RR)
(SHR)
(HR)
Minimum Lot Frontage
45.0 metres
45.0 metres
45.0 metres
Minimum Lot Area
4000 m2
4000 m2
4000 m2
Maximum Lot Coverage
30 %
30 %
30 %
Minimum Front Yard
14.0 metres (1) (2) 10.0 metres (1) (2) 6.0 metres (1) (2)
Minimum Exterior Side Yard
14.0 metres (1) (2) 10.0 m (1) (2)
6.0 m (1) (2)
Minimum Interior Side Yard
9.0 metres (1) (2)
6.0 metres (1) (2)
3.0 metres (1) (2)
Minimum Rear Yard
9.0 metres (1) (2)
7.5 metres (1) (2)
7.5 metres (1) (2)
Minimum Water Yard
N/A
30 metres
N/A
Maximum Height
- Main Building
- Accessory Building
11.0 metres
4.5 metres
11.0 metres
4.5 metres
11.0 metres
4.5 metres
Explanation of Special Provisions (#)
(1) Subject to the General Provisions of Section 4.30.
(2) No part of a main building shall be constructed within 10 metres of an
Environmental Protection (EP) Zone boundary, or a top-of-bank as defined in
Section 2.0 of this By-law.
No part of an accessory building or structure shall be constructed within 7.5
metres of an Environmental Protection (EP) Zone boundary, or a top-of-bank as
defined in Section 2.0 of this By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 86
7.7 Standards for Commercial Zones
Table 11 - Standards for Commercial Zones
Standards for the (LC), (CA), (HC) and (RC) Zones
Zone Provisions
(LC)
(CA)
(HC)
(RC)
Minimum Lot Frontage
20.0 m
12.0 m
20.0 m
45 m
Maximum Lot Area
6000 m2
N/A
N/A
N/A
Minimum Lot Area:
- lot serviced with municipal
water supply and sanitary
sewers
- not serviced with municipal
water supply and sanitary
sewers
500 m2
4000 m2
400 m2
(3)
500 m2
4000 m2
500 m2
4000 m2
Maximum Lot Coverage
40 %
75 %
40 %
35 %
Minimum Front Yard
Maximum Front Yard
3.0 metres
9.0 metres
0.6 metres
3.0 metres
6.0 metres (4)
12.0 metres
14.0 metres
N/A
Minimum Exterior Side Yard
Maximum Exterior Side Yard
3.0 metres
N/A
0.6 metres
3.0 m
6.0 metres (4)
12.0 m
6.0 metres
N/A
Minimum Interior Side Yard
9.0 metres (1) 0.0 metres (2) 6.0 metres (2)
(4) (5)
7.5 metres
Minimum Rear Yard
9.0 metres
6.0 metres
7.5 metres (2)
(4) (6)
7.5 metres
Maximum Height
- Main Building or Structure
- Accessory Building or
Structure
11.0 metres
2.4 m
12.0 metres
2.4 metres
12.0 metres
3.0 metres
12.0 metres
3.0 metres
Minimum Landscaped Open
Space
20 % (2)
Nil
25 % (7)
30 %
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 87
Explanation of Special Provisions (#)
(1) Where a side lot line abuts another lot within a commercial zone, no interior side
yard is required on that side of the lot.
(2) Where any lot line or lines adjoin a lot in any residential zone, a minimum 3 metre
landscape buffer strip is required abutting the affected lot line.
(3) Not permitted.
(4) No gasoline pump or portion of a gasoline pump island is permitted within 4.5
metres of a lot line. On a corner lot, no gasoline pump or portion of a gasoline
pump island is permitted within 3 metres of a straight line between a point on the
front lot line and a point on the exterior side lot line, such points being 15 metres
distant from the point of intersection of said lot lines.
(5) Where an interior side lot line adjoins a lot in any residential zone, the minimum
required interior side yard is 9 metres
(6) Where a rear lot line adjoins a lot in any residential zone, the minimum required
rear yard is 9 metres.
(7) A landscape buffer strip with a minimum width/depth of 3 metres is required along
the front lot line and the exterior lot line.
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 88
7.8 Standards for Industrial Use
Table 12 - Standards for Industrial Use
Standard for the (M1), (M2) and (EM) Zones
Zone Provisions
(M1)
(M2)
(EM)
Minimum Lot Frontage
45.0 metres
100.0 metres
100.0 metres
Minimum Lot Area
1800 m2
4000 m2
N/A
Maximum Lot Coverage
70 %
40 %
N/A
Minimum Front Yard
15.0 metres
15.0 metres
30.0 metres (2) (3)
Minimum Exterior Side Yard
15.0 metres
15.0 metres
30.0 metres (2) (3)
Minimum Interior Side Yard
6.0 metres (1)
6.0 metres (1) 30.0 metres (2) (3)
Minimum Rear Yard
9.0 metres (1)
9.0 metres (1) 30.0 metres (2) (3)
Maximum Height
- Main Building or Structure
- Accessory Building
20.0 metres
4.5 metres
7.0 metres
4.5 metres
9.0 metres
4.5 metres
Minimum Landscaped Open Space
15 %
10 %
(2)
Explanation of Special Provisions (#)
(1) Where the industrial use abuts a residential use or zone, the minimum required
interior side and rear yards shall be increased to 15 metres.
(2) The front, exterior side, interior side and rear yards of an extractive industrial use,
other than entrances and exits, shall be landscaped, including a landscaped
berm a minimum of 6 metres in height. Height in such circumstances shall be
measured from the elevation of the centreline of adjoining streets or highways.
(3) Any portion of an open mining or excavation operation shall be set back a
minimum of 60 metres from a lot line or an EM zone boundary.
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 89
7.9 Standards for Agricultural and Rural Zones
Table 13 - Standards for Agricultural and Rural Zones
Standards for the (A) and (RU) Zones
Zone Provisions
(A)
(RU)
Minimum Lot Frontage
300.0 metres
90.0 metres
Minimum Lot Area
40 hectares
10 hectares
Maximum Lot Coverage
10 %
10 %
Minimum Front Yard
14.0 metres (1) (2)
14.0 metres (1) (2)
Minimum Exterior Side Yard
14.0 metres (1) (2)
14.0 metres (1) (2)
Minimum Interior Side Yard
9.0 metres (1) (2)
9.0 metres (1) (2)
Minimum Rear Yard
9.0 metres (1) (2)
9.0 metres (1) (2)
Maximum Height
- Dwelling
- Accessory Building or Structure
11.0 metres
4.5 metres
11.0 metres
4.5 metres
Explanation of Special Provisions (#)
(1) The establishment of new or the enlargement of existing livestock facilities and
manure facilities is subject to the Minimum Distance Separation (MDS) II
requirements as set out in Section 4.29.
(2) No part of a main building shall be constructed within 10 metres of an
Environmental Protection (EP) Zone boundary, or a top-of-bank as defined in
Section 2.0 of this By-law.
No part of an accessory building or structure shall be constructed within 7.5
metres of an Environmental Protection (EP) Zone boundary, or a top-of-bank as
defined in Section 2.0 of this By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 90
7.10 Standards for the Open Space, Community Facility and
Environmental Protection Zones
Table 14 - Standards for the Open Space, Community Facility and Environmental
Protection Zones
Standards for the (OS), (CF) and (EP) Zones
Zone Provisions
(OS)
(CF)
(EP)
Minimum Lot Frontage
N/A
N/A
N/A
Minimum Lot Area
N/A
N/A
N/A
Minimum Front Yard
5.5 metres
6.0 metres
7.5 metres
Minimum Exterior Side Yard
7.5 metres
6.0 metres
7.5 metres
Minimum Interior Side Yard
3.0 metres (1)
7.5 metres
7.5 metres
Minimum Rear Yard
7.5 metres
7.5 metres
7.5 metres
Maximum Height
- Main Building or Structure
- Accessory Building
4.5 metres
4.5 metres
12.0 metres
4.5 metres
4.5 metres
4.5 metres
Explanation of Special Provisions (#)
(1) Where the Open Space (OS) Zone abuts a residential zone, the minimum
required interior side yard shall be 7.5 metres.
Zoning By-Law #140-2002
Municipality of Brighton
Section 7 - Development Standards
January 2020
Page 91
7.11 Standards for the Future Development (FD) Zone
Enlargement or replacement of legally existing buildings and structures and the erection
of new accessory buildings and structures will be permitted subject to the regulations of
this table:
Table 15 - Standards for the Future Development (FD) Zone
Standards for the Future Development (FD) Zone
Minimum Lot Area
The lot area existing as of the date of
passage of this By-law shall not be reduced.
Minimum Lot Frontage
The lot frontage existing as of the date of
passage of this By-law shall not be reduced.
Minimum Lot Coverage
30 %
Minimum Front Yard
1.5 metres
Minimum Exterior Side Yard
1.5 metres
Minimum Interior Side Yard
1.5 metres
Minimum Rear Yard
1.5 metres
Maximum Height
- Main Building or Structure
- Accessory Building
11.0 metres
4.5 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 92
8.0 Special Zone Categories
8.1 Residential Zones
8.1.1
Urban Residential (R1) Zone
8.1.1.1
R1-1 Zone
Notwithstanding Subsection 4.22 "Servicing Requirements" of this By-law, the lands
designated "R1-1" on the maps comprising Schedule "A" hereto may be developed with
a private on-site sewage disposal system provided a piped municipal water supply is
available, subject to the following:
i.
Minimum lot area: 1,390 square metres (amended by By-law 220-2004)
ii.
Minimum lot frontage: 30 metres
All other provisions of the Residential (R1) Zone shall apply within Special Zone
Category R1-1.
8.1.1.2
R1-2 Zone
Notwithstanding Subsection 4.22 "Servicing Requirements" of this By-law, the lands
designated "R1-2" on the maps comprising Schedule "A" hereto may be developed with
private on-site sewage disposal and water supply systems, subject to the following:
i.
Minimum lot area: 2,000 square metres (amended by By-law 220-2004)
ii.
Minimum lot frontage: 45 metres
All other provisions of the Residential (R1) Zone shall apply within Special Zone
Category R1-2.
8.1.1.3
R1-3 Zone
Notwithstanding any other provisions of this By-law for the lands designated as "R1-3"
on Schedule "A" hereto, an existing construction business office and equipment storage
yard shall be a permitted use. All other provisions of the Residential (R1) Zone shall
apply within Special Zone Category R1-3.
8.1.1.4
R1-4 Zone
Notwithstanding any other provisions of this By-law, the following special provisions
shall apply to the lands designated "R1- 4" on Schedule 'A', hereto:
i.
Minimum lot area: 589.6 square metre
ii.
Minimum lot frontage: 3.45 metres
iii.
Minimum interior side and rear yards for existing accessory buildings: 1 metre
All other provisions of the Residential One (R1) Zone which are not specifically altered
by these requirements shall apply within Special Zone Category R1-4.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 93
8.1.1.5
R1-5 Zone
Notwithstanding any other provisions of this By-law, the minimum required front yard for
an existing structure on the lands designated "R1-5" on Schedule 'A' hereto is 0.35
metres. All other provisions of the Residential One (R1) Zone not specifically altered by
this requirement shall apply within Special Zone Category R1-5.
8.1.1.6
R1-6 Zone
Notwithstanding any other provisions of this By-law, the maximum permitted lot
coverage for the lands designated "R1-6" on Schedule 'A', hereto is 43%. All other
provisions of the Residential One (R1) Zone not specifically altered by this requirement
shall apply within Special Zone Category R1-6.
8.1.1.7
R1-7 Zone
Notwithstanding any other provisions of this By-law, the minimum required front yard for
the lands designated "R1-7" on Schedule 'A' hereto is 3.5 metres. All other provisions of
the Residential One (R1) Zone not specifically altered by this requirement shall apply
within Special Zone Category R1-7.
8.1.1.8
R1-8 Zone
Notwithstanding any other provisions of this By-law, the minimum required front yard for
the lands designated "R1-8" on Schedule 'A' hereto is 3 metres. All other provisions of
the Residential One (R1) Zone not specifically altered by this requirement shall apply
within Special Zone Category R1-8.
8.1.1.9
R1-9 Zone
Notwithstanding any other provision of this By-law, on the lands designated as "R1-9" on
Schedule 'A' hereto, no residential building shall be constructed within 7.5 metres of the
top-of-bank of any watercourse or waterbody or the boundary of an Environmental
Protection 'EP' zone. All other provisions of the Residential One (R1) Zone not
specifically altered by these requirements shall apply within Special Zone Category R1-9.
8.1.1.10
R1-10 Zone
Notwithstanding any other provision of this By-law, on the lands designated as "R1-10"
on Schedule 'A' hereto, the minimum required lot frontage is 14.3 metres. All other
provisions of the Residential One (R1) Zone not specifically altered by this requirement
shall apply within Special Zone Category R1-10.
8.1.1.11
R1-11 Zone: Reserved
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 94
8.1.1.12
R1-12 Zone
Notwithstanding any other provisions of this By-law, on the lands designated as "R1-12"
on Schedule 'A' hereto, buildings and structures are only permitted within the area
specifically outlined on of Schedule 'A' hereto. Permitted uses may be serviced with
private water supply and sewage disposal systems. All other provisions of the
Residential One (R1) Zone not specifically altered by these requirements shall apply
within Special Zone Category R1-12.
8.1.1.13
R1-13 Zone
Notwithstanding any other provisions of this By-law, on the lands designated as "R1-13"
on Schedule 'A' hereto, the existing 72 square metre motor vehicle repair shop shall be
a permitted use in accordance with the following regulations:
i.
The motor vehicle repair shop shall only be operated by the owners/occupants of
the dwelling unit on the lot;
ii.
A maximum of one person not resident on the lot may be employed in the
operation;
iii.
All repair and service operations shall be conducted entirely within the existing
building;
iv.
External display and advertising signage for the vehicle repair operation is
prohibited;
v.
The outdoor storage of damaged, inoperative, or dismantled vehicles is
prohibited;
vi.
The display of vehicles or parts for sale on the lot is prohibited; and,
vii.
Expansion or enlargement of the existing 72 square metre building for the
purposes of the vehicle repair operation is prohibited.
All other provisions of the Residential One (R1) Zone not specifically altered by these
requirements shall apply within Special Zone Category R1-13.
8.1.1.14
R1-14 Zone
Notwithstanding any other provision of this By-law, on those lands designated "R1-14"
on Schedule "A" hereto, only a single family dwelling house shall be permitted and the
building envelope as shown on Schedule "A" here to. All other provisions of the
Residential One (R1) Zone not specifically altered by this requirement shall apply within
Special Category R1-14.
Notwithstanding any other provision of this By-law to the contrary, no use on the subject
lands shall be permitted until the (H) Holding Symbol is removed by amendment to this
By-law.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 95
The release of the Holding Provisions (H) will be contingent on the successful
completion of the following conditions:
i.
The submission and implementation of a Scoped Environmental Impact Study for
the subject lands to the satisfaction of the Town and the Ministry of Natural
Resources;
ii.
The installation of an engineering retaining wall along the western and northern
property lines as shown on Schedule "A" to the satisfaction of the Town, in
consultation with the Lower Trent Region Conservation Authority;
iii.
The completion of a grading plan to the satisfaction of the Town showing the
overland drainage from the subject lands being directed away from the adjoining
lands to the north;
iv.
Payment to the Town of a portion of the cost of the services installed by the
Subdivider, James H. Knight, on Cedar Street, south of Harbour Street, as
determined in accordance with the provisions of a subdivision agreement,
registered as Instrument No. 109927 on June 22, 1982; and,
v.
The registration of a duly executed Site Plan Agreement in accordance with the
provisions of Section 41 of the Planning Act, R.S.O., 1990, containing provisions
to the satisfaction of the Town, in consultation with the Lower Trent Region
Conservation Authority and the Ministry of Natural Resources.
8.1.1.15
R1-15 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned "R1-15" on Schedule "A":
i.
Minimum front yard setback: 3 metres
ii.
Minimum setback from Environmental Protection (EP) Zone: 7.5 metres
iii.
Parking requirements must be located off Queen Street East.
8.1.1.16
R1-16 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned "R1-16" on Schedule "A":
i.
Development may occur with private on-site sewage disposal and water supply
systems.
ii.
Minimum lot area: 2,000 square metres
iii.
Minimum lot frontage: 28 metres
iv.
Maximum building setback from street line: 35 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 96
8.1.1.17
R1-17 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned "R1-17" on Schedule "A":
i.
All development shall be setback a minimum of 30 metres from the top of bank.
8.1.1.18
R1-18 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned "R1- 18"
on Schedule "A", the following shall apply:
i.
A business office shall be permitted in an accessory building;
ii.
The maximum floor area of the business office shall be 48 square metres;
iii.
Minimum number of parking spaces for the business office use two (2);
iv.
Maximum number of business signs shall be two (2), each not exceeding 1
square metre in sign area; and,
v.
In addition to the two permitted business signs, an awning sign with the business
name shall be permitted across the front of the accessory building.
8.1.1.19
R1-19 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned "R1-19"
on Schedule "A", the following shall apply:
i.
Minimum lot frontage: 9 metres
ii.
Minimum lot area: 300 square metres
8.1.1.20
R1-20 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned "R1- 20"
on Schedule "A", the following shall apply:
i.
Minimum lot frontage: 5 metres
ii.
Minimum lot area: 180 square metres
8.1.1.21
R1-21 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned "R1-21" on Schedule "A":
i.
Lands zoned Environmental Protection (EP) Zone on a lot may be used in the
calculation of the minimum lot area.
ii.
There shall be no requirement for a setback from an Environmental Protection
(EP) Zone boundary.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 97
8.1.1.22
R1-22 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned "R1-22" on Schedule "A":
i.
The following requirements shall be addressed to the satisfaction of the
Municipality as a prerequisite to the approval of a By-law to remove the Holding
Symbol from the zoning as it applies to lot 18:
a. The building foundation and grading design shall be approved by a
Geotechnical Engineer.
8.1.1.23
R1-23 Zone
Notwithstanding the provisions of this By-law to the contrary, for lands zoned "R1-23" on
Schedule "A", the following provisions shall apply:
i.
There shall be no requirement for a setback from an Environmental Protection
(EP) Zone boundary.
8.1.1.24
R1-24 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R1-24' on
Schedule 'A', the following shall apply:
i.
Minimum lot area: 0.115 hectares (0.28 acres)
ii.
Minimum lot frontage: 24.3 metres (80 feet)
iii.
Development serviced with a private on-site sewage disposal system and
municipal water supply is permitted.
8.1.1.25
R1-25 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R1-25' on
Schedule 'A', the following shall apply:
i.
Minimum lot area: 0.115 ha (0.28 acres)
ii.
Minimum lot frontage: 24.3 metres (80 ft)
iii.
Development will only be permitted with municipal sanitary sewer services and
municipal water services.
8.1.1.26
R1-26 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R1-26' on
Schedule 'A', the following shall apply:
i.
That the maximum total floor area denoted to a home occupation shall not
exceed 165 m2.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 98
8.1.1.27
R1-27 Zone
Notwithstanding any other provision of this By-law to the contrary, the following
provisions shall apply to lands zoned 'R1-27' on Schedule 'A':
i.
A carport shall be permitted to locate in the front yard as defined herein:
carport means a permanent accessory building or structure which is wholly open
on all sides, and is used for the parking or storage of one motor vehicle.
ii.
Maximum ground cover area of any carport shall not exceed 18 square metres.
iii.
The minimum front lot line setback for any carport shall be 0.82 metres.
iv.
Minimum required interior (west) side yard shall be 2.5 metres.
8.1.1.28
R1-28 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provision
shall apply to lands zoned 'R1-28' on Schedule 'A':
i.
the minimum rear yard setback shall be 7 metres.
8.1.1.29
R1-29 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'R1-29' on Schedule 'A'
i.
Restrict the height of a dwelling unit to a single storey;
ii.
Increase the interior side yard setback on the west side of the severed lot from
the required 1.2 metres to 4.5 metres; and,
iii.
The existing garage (as of the passing of this By-law) be removed or moved to
meet the front yard setback for the Urban Residential One (R1) Zone within two
(2) years of the passing of the By-law.
8.1.1.30
R1-30 Zone
Notwithstanding any other provision of this By-law to the contrary, the following
provisions shall apply to lands zoned 'R1-30' on Schedule 'A':
i.
Minimum lot frontage: 16 metres
8.1.1.31
R1-31 Zone
Notwithstanding any other provision of this By-law to the contrary, the following
provisions shall apply to the lands zoned 'R1-31' on Schedule 'A':
i.
Minimum exterior side yard: 2.7 metres
ii.
Minimum rear yard: 1.9 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 99
8.1.1.32
R1-32 Zone
Notwithstanding any other provisions of this By-law to the contrary, the following
provisions shall apply to lands zoned 'R1-32' on Schedule 'A':
i.
Lands zoned 'EP-6 Zone' on the same lot may also be included in the calculation
for minimum lot area and minimum lot frontage;
ii.
There shall be no requirement for a setback from an 'EP-6 Zone' boundary.
All other provisions of this By-law, not specifically altered by these requirements and as
they apply to the 'Urban Residential One (R1) Zone' shall apply within Special Zone
Category 'Urban Residential One Exception No. Thirty-Two (R1-32) Zone'.
8.1.2
Urban Residential (R2) Zone
8.1.2.1
R2-1 Zone
Notwithstanding any other provisions of this By-law, the minimum required lot frontage
for the lands designated "R2-1" on Schedule 'A' hereto is 10.06 metres. All other
provisions of the Residential Two (R2) Zone not specifically altered by this requirement
shall apply within Special Zone Category R2-1.
8.1.2.2
R2-2 Zone
Notwithstanding any other provisions of this By-law, the minimum required front yard
setback for the lands designated as "R2-2" on Schedule 'A' hereto is 3.7 metres. All
other provisions of the Residential (R2) Zone not specifically altered by this front yard
setback requirement shall apply within Special Zone Category R2-2.
8.1.2.3
R2-3 Zone
Notwithstanding any other provisions of this By-law, the minimum required setback from
the top of bank of any watercourse or waterbody or from an Environmental Protection
(EP) Zone boundary for a main building on the lands designated as "R2-3" on Schedule
'A' hereto is 7.5 metres and the maximum permitted lot coverage for single detached
dwellings is 45%. All other provisions of the Residential (R2) Zone not specifically
altered by this requirement shall apply within Special Zone Category R2-3.
8.1.2.4
R2-4 Zone
Notwithstanding any other provisions of this By-law for the lands designated as "R2-4"
on Schedule 'A' hereto, the minimum required interior side yard is 3.0 metres, and the
minimum required rear yard is 5 metres. All other provisions of the Residential (R2)
Zone not specifically altered by these requirements shall apply within Special Zone
Category R2-4.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 100
8.1.2.5
R2-5 Zone
Notwithstanding any other provisions of this By-law, the minimum required rear yard for
the lands designated as "R2-5" on Schedule 'A' hereto is 3.0 metres. All other
provisions of the Residential (R2) Zone not specifically altered by this requirement shall
apply within Special Zone Category R2-5.
8.1.2.6
R2-6 Zone
Notwithstanding any other provisions of this By-law for the lands designated as "R2-6"
on Schedule 'A' hereto, the minimum required lot frontage is 22.8 metres, the minimum
required front yard depth is 1.3 metres, and the minimum required interior side yard is 3
metres. All other provisions of the Residential (R2) Zone not specifically altered by
these requirements shall apply within Special Zone Category R2-6.
8.1.2.7
R2-7 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'R2-7' on Schedule 'A':
i.
Permitted uses shall include one link dwelling house.
ii.
Minimum lot frontage: 10 metres
iii.
Minimum lot area: 325 square metres
iv.
Minimum front yard setback: 6 metres
v.
Minimum interior side yard setback: 1.2 metres
8.1.2.8
R2-8 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'R2-8' on Schedule 'A':
i.
Permitted uses shall include one link dwelling house.
ii.
Minimum lot frontage: 11 metres
iii.
Minimum lot area: 325 square metres
iv.
Minimum front yard setback to front wall of dwelling: 4.5 metres
v.
Minimum front yard setback to front wall of garage: 6 metres
vi.
Minimum interior side yard setback on the linked side: 1 metre
vii.
Minimum interior side yard setback; non-link side: 1.2 metres
8.1.2.9
R2-9 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-9' on
Schedule 'A', the following shall apply:
i.
Minimum rear yard: 6 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 101
8.1.2.10
R2-10 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-10' on
Schedule 'A', the following shall apply:
i.
Minimum lot area: 345 square metres
8.1.2.11
R2-11 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-11' on
Schedule 'A', the following shall apply:
i.
Minimum rear yard: 1.2 metres
ii.
Maximum lot coverage: 32 %
8.1.2.12
R2-12 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-12' on
Schedule 'A', the following shall apply:
i.
Minimum rear yard: 6 metres
8.1.2.13
R2-13 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-13' on
Schedule 'A', the following shall apply:
i.
Minimum lot frontage: 7.5 metres
8.1.2.14
R2-14 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-14' on
Schedule 'A', the following shall apply:
i.
Minimum rear yard: 3 metres
ii.
Maximum lot coverage: 50 %
iii.
There shall be no requirement for a setback from an Environmental Protection
(EP) Zone boundary
8.1.2.15
R2-15 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-15' on
Schedule 'A', the following shall apply:
i.
Minimum lot frontage: 13 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 102
8.1.2.16
R2-16 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-16' on
Schedule 'A', the following shall apply:
i.
Minimum lot frontage: 14 metres
ii.
Minimum rear yard for an existing accessory building: 0.7 metres
iii.
Minimum exterior side yard for an existing accessory building: 0.0 metres
8.1.2.17
R2-17 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-17' on
Schedule 'A', the following shall apply:
1. For a single detached dwelling
i.
Minimum front yard (for dwelling): 3 metres
ii.
Minimum rear yard (for dwelling): 7.5 metres
iii.
Minimum rear yard (wall of private garage that contains the opening for
vehicular access): 6 metres
2. For a semi-detached dwelling
i.
Minimum lot frontage, interior lot (per unit): 9.5 metres
ii.
Minimum lot frontage, corner lot (per unit): 13 metres
iii.
Minimum lot area (per unit): 275 square metres
iv.
Maximum lot coverage: 50 %
v.
Minimum front yard (for dwelling): 3 metres
vi.
Minimum exterior side yard: 2.4 metres
vii.
Minimum interior side yard: 1.2 metres on one side, 0 metres on attached
side
viii.
Minimum rear yard (for dwelling): 7.5 metres
ix.
Minimum rear yard (wall of private garage that contains the opening for
vehicular access): 6 metres
8.1.2.18
R2-18 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-18' on
Schedule 'A', the following shall apply for a single detached dwelling:
i.
Minimum front yard (for dwelling): 3 metres
ii.
Minimum rear yard (for dwelling): 7.5 metres
iii.
Minimum rear yard (wall of private garage that contains the opening for
vehicular access): 6 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 103
8.1.2.19
R2-19 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-19' on
Schedule 'A', the following shall apply:
i.
Minimum lot frontage for a single detached dwelling: 11 metres
8.1.2.20
R2-20 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-20' on
Schedule 'A', the following shall apply:
i.
A three unit rowhouse dwelling shall also be permitted.
ii.
The following provisions shall apply to a three (3) unit rowhouse dwelling:
a) Minimum lot frontage: 15 metres
b) Minimum lot area: 735 m2
c) Minimum front yard: 16 metres
d) Minimum north side yard: 1.8 metres
e) Minimum south side yard: 3.5 metres
f) Minimum rear yard: 5.5 metres
g) Maximum lot coverage: 40 %
h) Minimum landscaped area: 30 %
i) Maximum driveway width: 6.1 metres
j) Minimum number of parking spaces: five (5)
8.1.2.21
R2-21 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-21' on
Schedule 'A', the following shall apply:
i.
Lands on the same lot, within the Environmental Protection (EP) Zone may be
included for the purposes of calculating minimum lot area and minimum lot
frontage.
All other provisions of By-law No.140-2002, as amended and the Residential Two (R2)
Zone, not specifically altered by this requirement shall apply within Special Zone
Category R2-21.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 104
8.1.2.22
R2-22 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-22' on
Schedule 'A', the following shall apply:
i.
Minimum lot frontage: 11 metres
All other provisions of By-law No. 140-2002, as amended and the Residential Two (R2)
Zone, not specifically altered by this requirement shall apply within Special Zone
Category R2-22.
8.1.2.23
R2-23 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-23' on
Schedule 'A', the following shall apply:
i.
Minimum lot frontage - interior lot: 12 metres
ii.
Minimum lot frontage - corner lot: 16 metres
iii.
Maximum lot coverage: 45 %
8.1.2.24
R2-24 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-24' on
Schedule 'A', the following shall apply:
i.
Minimum lot frontage - interior lot: 9.25 metres
ii.
Minimum lot frontage - corner lot : 12.75 metres
iii.
Maximum lot coverage: 47 %R2-25 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-25' on
Schedule 'A', the following shall apply:
i. A maximum of three (3) dwelling units shall be permitted, consisting of a single
detached dwelling and a two (2) unit dwelling.
ii. The following provisions shall apply:
a.
Minimum lot frontage
15 metres
b.
Minimum lot area
720 m2
c.
Minimum front yard
6 metres
d.
Minimum north side yard
3.35 metres
e.
Minimum south side yard
1.2 metres
f.
Minimum rear yard
5.4 metres
g.
Maximum lot coverage
40 %
h.
Minimum landscaped area
30 %
i.
Maximum driveway width
6.1 metres
j.
Minimum number of parking spaces
4 spaces
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 105
8.1.2.25
R2-26 Zone
Notwithstanding any other provision of this By-law to the contrary, the following
provisions shall apply to lands zoned 'R2-36' on Schedule 'A':
i.
Minimum rear yard setback: 5 metres
ii.
The minimum exterior side yard setback of any residential dwelling existing
on the date this By-law was enacted and illustrated on Schedule 'B' attached
to and forming part of this By-law.
8.1.2.26
R2-27 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-27' on
Schedule 'A', the following shall apply:
i.
The minimum lot frontage requirements shall be:
a. single detached dwelling: 11 metres
b. semi-detached dwelling: 9 metres per unit
ii.
Maximum lot coverage: 45 %
8.1.2.27
R2-28 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-28' on
Schedule 'A', the following shall apply:
i.
Minimum lot frontage per unit for a semi-detached dwelling: 9 metres
ii.
Minimum front yard setback: 7.5 metres
8.1.2.28
R2-29 Zone
In addition to the special provisions of the 'R2-29' Zone of By-law No. 038-2015, on
lands zoned R2-29 on Schedule 'A', the following shall apply for single detached
dwellings:
i.
Minimum lot area: 375 square metres
8.1.2.29
R2-30 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-30' on
Schedule 'A', the following shall apply for semi-detached dwellings:
i.
Maximum lot coverage: 45 %
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 106
8.1.2.30
R2-31 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-31' on
Schedule 'A', the following shall for semi-detached dwellings:
i.
Minimum lot frontage - interior lot: 9.5 metres
ii.
Minimum lot frontage - corner lot: 12.4 metres
8.1.2.31
R2-32 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-32' on
Schedule 'A', the following shall for semi-detached dwellings:
i.
Minimum driveway width: 6.1 metres
8.1.2.32
R2-33 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-33' on
Schedule 'A', the following shall apply to single detached dwellings:
i.
Minimum lot frontage - interior lot: 14.0 metres
ii.
Minimum lot frontage - corner lot: 16.6 metres
All other provisions of this By-law, as amended, for the 'Urban Residential Two (R2)
Zone not specifically altered by these requirements shall continue to apply within the
Special Zone Category R2-33.
8.1.2.33
R2-34 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-34' on
Schedule 'A', the following shall apply to single detached dwellings:
i.
Minimum lot frontage - interior lot: 12.6 metres
ii.
Minimum lot area: 385 square metres
iii.
Maximum lot coverage: 45 %
All other provisions of this By-law, as amended, for the 'Urban Residential Two (R2)
Zone not specifically altered by these requirements shall continue to apply within the
Special Zone Category R2-34.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 107
8.1.2.34
R2-35 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned R2-35 on
Schedule 'A', the following shall apply to semi-detached dwellings:
i.
Maximum lot coverage: 45 %
All other provisions of this By-law, as amended, for the 'Urban Residential Two (R2)
Zone not specifically altered by these requirements shall continue to apply within the
Special Zone Category R2-35.
8.1.2.35
R2-36 Zone
a) Notwithstanding any other provision of this By-law to the contrary, the following
provisions shall apply to lands zoned 'R2-36' on Schedule 'A':
i.
Minimum rear yard setback: 5 metres
ii.
The minimum exterior side yard setback of any residential dwelling
existing on the date this By-law was enacted and forming part of this By-
law.: 0.0 metres
8.1.2.36
R2-37 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R2-37' on
Schedule 'A', the following shall apply for semi-detached dwellings:
i.
Minimum lot frontage - interior lot: 9 metres
ii.
Minimum lot frontage - corner lot: 12.3 metres
iii.
Minimum lot area: 279 square metres
iv.
Maximum lot coverage: 50 %
8.1.2.37
R2-38 Zone
Notwithstanding any other provision of this By-law to the contrary, on lands zoned 'R2-
38' on Schedule 'A', the following shall apply:
i.
A medical clinic shall also be permitted.
ii.
The following provisions shall apply:
a. Minimum number of parking spaces: 14
b. Minimum landscaped open space: 24 %
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 108
8.1.3
Urban Residential (R3) Zone
8.1.3.1
R3-1 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "R3-1" on Schedule "A" hereto:
i.
Minimum required lot area: 640 square metres
ii.
Maximum lot coverage: 41 %
iii.
Minimum interior side yard: 4 metres
iv.
Minimum parking space requirement: 9 Parking Spaces
v.
Minimum landscaped open space: 20 %
All other provisions of the Residential (R3) Zone not specifically altered by these
requirements shall apply within Special Zone Category R3-1.
8.1.3.2
R3-2 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "R3-2" on Schedule "A" hereto:
i.
Minimum lot frontage: 10.5 metres
ii.
Minimum setback from an 'EP' zone boundary: 7.5 metres
iii.
Minimum separation between main detached dwellings: 2.4 metres
iv.
Permitted uses shall be limited to a maximum of four (4) detached dwelling units
and uses and structures accessory thereto.
All other provisions of the Residential (R3) Zone not specifically altered by these
requirements shall apply within Special Zone Category R3-2.
8.1.3.3
R3-3 Zone (By-law 142-2003)
Notwithstanding any other provisions of this By-law, the minimum required setback from
the top of bank of any watercourse or waterbody or from an Environmental Protection (EP)
Zone boundary for a main building on the lands designated as "R3-3" on Schedule "A"
hereto is 7.5 metres and a marine-related commercial office is permitted as an accessory
use on the ground floor of the principle building to a maximum of 350 square metres. All
other provisions of the Residential (R3) Zone not specifically altered by this requirement
shall apply within the Special Category R3-3.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 109
R3-3 Zone (By-law 431-2007)
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R3-3' on
Schedule 'A', the following shall apply:
i.
Minimum interior side yard for a rowhouse end unit: 2 metres
ii.
Maximum main building height: 6 metres
iii.
Maximum lot coverage: 42 %
8.1.3.4
R3-4 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R3-4' on
Schedule 'A', the following shall apply:
i.
Minimum number of off-street parking spaces one (1) per dwelling unit
ii.
Maximum main building height: 6 metres
iii.
Maximum lot coverage: 52 %
8.1.3.5
R3-5 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R3-5' on
Schedule 'A', the following shall apply:
i.
Maximum main building height: 6 metres
ii.
Maximum lot coverage: 52 %
8.1.3.6
R3-6 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R3-6' on
Schedule 'A', the following shall apply:
i.
Minimum front yard: 3 metres
ii.
Minimum front yard to front wall of private garage: 4.5 metres
iii.
Maximum main building height: 6 metres
iv.
Maximum lot coverage: 55 %
8.1.3.7
R3-7 Zone
Notwithstanding the provisions of the Urban Residential Three (R3) Zone to the contrary,
for lands designated 'R3-7' on Schedule 'A' the following provisions shall apply:
i.
Minimum front yard setback: 3 metres
ii.
Minimum rear yard setback: 5 metres
iii.
Minimum east interior side yard setback, below grade: 0 metres
iv.
Minimum east interior side yard setback, above grade: 1.2 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 110
8.1.3.8
R3-8 Zone
Notwithstanding the provisions of the Urban Residential Three (R3) Zone to the contrary,
for lands zoned 'R3-8' on Schedule 'A' the following provisions shall apply:
i.
Permitted uses shall be limited to a three (3) unit rowhouse dwelling and uses,
buildings and structures accessory thereto.
ii.
Maximum lot coverage, interior unit: 55 %
iii.
Maximum lot coverage, end unit: 45 %
iv.
Minimum exterior side yard: 3 metres
v.
Minimum interior side yard, interior attached: Nil (0) metres
vi.
Minimum interior side yard, end unit: 2.4 metres
8.1.3.9
R3-9 Zone
Notwithstanding any provisions of this By-law to the contrary on lands zoned 'R3-9' on
Schedule 'A', the following provisions shall apply:
i.
Maximum lot coverage for rowhouse: 60 %
8.1.3.10
R3-10 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'R3-10',
the following shall apply to rowhouse dwellings:
i.
Maximum lot coverage: 60%.
ii.
Minimum interior side yard shall be 1.2 metres for any interior unit.
iii.
Maximum driveway width shall be 6.1 metres for any unit having a width of greater
than 9.5 metres.
8.1.3.11
R3-11 Zone
Notwithstanding any other provisions of By-law No. 140-2002, as amended, to the
contrary, on lands zoned 'R3-12' on Schedule 'A', the following provisions shall apply:
i.
Maximum residential density: 101 units per net hectare
ii.
Maximum height of main building: 13.1 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 111
8.1.3.12
R3-12 Zone
Notwithstanding any other provisions of By-law No. 140-2002 to the contrary, on lands
zoned 'R3-12' on Schedule 'A', the following provisions shall apply:
i.
Permitted commercial uses shall also include a business or professional office.
ii.
Minimum front yard: 8 metres
iii.
Minimum easterly side yard: 3.6 metres
iv.
Maximum gross floor area for any commercial use: 110 square metres
v.
Section 4.35 of By-law No. 140-2002 as amended shall apply to lands zoned
'Urban Residential Three Exception No.12 (R3-12) Zone', save and except the
minimum width of a buffer strip along the westerly side lot line shall be 2.4
metres.
8.1.4
Rural Residential (RR) Zone
8.1.4.1
RR-1 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "RR-1" on Schedule "A" hereto:
i.
Minimum rear yard: 27 metres
All other provisions of the Rural Residential (RR) Zone not specifically altered by these
requirements shall apply within Special Zone Category RR-1.
8.1.4.2
RR-2 Zone
Notwithstanding any other provisions of this By-law, access to the lands designated as
"RR- 2" on Schedule "A" to this By-law may be provided via a private road or lane. All
other provisions of the Rural Residential (RR) Zone not specifically altered by this
provision shall apply within Special Zone Category RR-2.
8.1.4.3
RR-3 Zone
Notwithstanding any other provisions of this By-law, a garden suite of less than 92.9 sq.
metres in size may be permitted on the lands designated "RR-3" on Schedule "A" to this
By-law on a temporary basis until 2009. All other provisions of the Rural Residential
(RR) Zone not specifically altered by this provision shall apply within Special Zone
Category RR-3.
8.1.4.4
RR-4 Zone
Notwithstanding any other provisions of this By-law a rear yard setback of 60 metres is
required on lands designated "RR-4" on Schedule "A" in addition to all the other
pertaining standards of Table Nine of Section 7 for uses in the Rural Residential Zone.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 112
8.1.4.5
RR-5 Zone
Notwithstanding any other provisions of this By-law, the permitted uses of the lands
designated "RR-5" on Schedule "A" of this By-law may include a bed and breakfast
establishment, with the number of rooms and in the building existing at the date of
adoption of this By-law in accordance with the pertaining standards in Table Nine of
Section 7 of this By-law for the RR Zone.
8.1.4.6
RR-6 Zone
Notwithstanding any other provisions of this By-law, the minimum required lot area on
the lands designated "RR-6" on Schedule "A" shall be 2,975 square metres. All other
provisions of the Rural Residential (RR) Zone shall apply within Special Zone Category
RR-6.
8.1.4.7
RR-7 Zone
Notwithstanding any other provisions of this By-law, the minimum required rear yard for
all lands designated "RR-7" on Schedule "A" hereto is 40 metres. All other provisions of
the Rural Residential (RR) Zone not specifically altered by this requirement shall apply
within Special Zone Category RR-7.
8.1.4.8
RR-8 Zone
Notwithstanding any other provisions of this By-law, the minimum required north side
yard for all lands designated "RR-8" on Schedule "A" hereto is 6 metres where the front
and north side yard setbacks intersect and will increase to 38 metres where the rear
yard and north side yard setbacks intersect. All other provisions of the Rural Residential
(RR) Zone not specifically altered by this requirement shall apply within Special Zone
Category RR-8.
8.1.4.9
RR-9 Zone
Notwithstanding any other provisions of this By-law, the minimum required front yard for
all lands designated "RR-9" on Schedule "A" hereto is 10 metres and the minimum
required lot frontage is 41 metres. All other provisions of the Rural Residential (RR)
Zone not specifically altered by these requirements shall apply within Special Zone
Category RR-9.
8.1.4.10
RR-10 Zone
Notwithstanding any other provisions of this By-law, the minimum required front yard for
all lands designated "RR-10" on Schedule "A" hereto is 10 metres. All other provisions
of the Rural Residential (RR) Zone not specifically altered by these requirements shall
apply within Special Zone Category RR-10.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 113
8.1.4.11
RR-11 Zone
Notwithstanding the minimum front yard requirement of the Rural Residential (RR) Zone
to the contrary, for lands designated "RR-11" on Schedule "A" the minimum front yard
requirement shall be 30 metres.
8.1.4.12
RR-12 Zone
Notwithstanding the minimum lot frontage requirement of the Rural Residential (RR)
Zone to the contrary, for lands designated "RR-12" on Schedule "A" the minimum lot
frontage requirement shall be 40 metres.
8.1.4.13
RR-13 Zone
Notwithstanding the minimum front yard requirement of the Rural Residential (RR) Zone
to the contrary, for lands designated "RR-13" on Schedule "A" the minimum front yard
requirement shall be 45 metres.
8.1.4.14
RR-14 Zone
In addition to the yard requirements of the Rural Residential (RR) Zone, for lands
designated "RR-14" on Schedule "A", all development shall be setback a minimum of 30
metres from the south east corner of the lot.
8.1.4.15
RR-15 Zone
Notwithstanding any other provisions of this By-law to the contrary, within the Rural
Residential Exception No.15 (RR-15) Zone the following provisions shall apply:
i.
A home industry with a maximum floor area of 117 square metres, shall be
permitted within an accessory building.
8.1.4.16
RR-16 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RR-16' on Schedule 'A':
i.
Minimum lot area: 0.2 hectares
8.1.4.17
RR-17 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RR-17' on Schedule 'A':
i.
Minimum exterior side yard: 6.0 metres
8.1.4.18
RR-18 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RR-18' on Schedule 'A':
i.
Maximum front yard: 1.5 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 114
8.1.4.19
RR-19 Zone
In addition to the yard requirements of the Rural Residential (RR) Zone, for lands zoned
'RR-19' on Schedule 'A' a dwelling shall be set back a minimum of 50 metres from the
north east corner of the lot.
RR-19a Zone
Notwithstanding the minimum lot area and minimum lot frontage requirements of the
Rural Residential (RR) Zone to the contrary, for lands designated 'RR-19a' on Schedule
'A' the following shall apply:
i.
Minimum lot area: 0.18 hectares
ii.
Minimum lot frontage: 30 metres
iii.
Minimum interior side yard, east side: 7 metres
8.1.4.20
RR-20 Zone
Notwithstanding the minimum lot area and minimum lot frontage requirements of the
Rural Residential (RR) Zone to the contrary, for lands designated 'RR-20' on Schedule
'A' the following shall apply:
i.
Minimum lot area: 1.8 hectares
8.1.4.21
RR-21 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands designated 'RR-21' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 8 hectares
ii.
Lands zoned Environmental Protection (EP) on the same lot may be included in
the calculation of the minimum lot frontage and minimum lot area.
8.1.4.22
RR-22 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands designated 'RR-22' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 67 metres (220 feet)
ii.
Maximum depth of development from the south property line: 70 metres (230
feet)
8.1.4.23
RR-23 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands designated 'RR-23' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 0.3 hectares (0.74 acres)
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 115
8.1.4.24
RR-24 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands designated 'RR-24' on Schedule 'A' the following provisions shall apply:
i.
Lands zoned Environmental Protection (EP) on the same lot may be included in
the calculation of the minimum lot frontage and minimum lot area.
8.1.4.25
RR-25 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands designated 'RR-25' on Schedule 'A' the following provisions shall apply:
i.
Minimum interior side yard: 3.0 metres
8.1.4.26
RR-26 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands designated 'RR-26' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 1.0 hectares
8.1.4.27
RR-27 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands designated 'RR-27' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 2.0 hectares
ii.
Minimum lot frontage: 13 metres
iii.
Lands within the Environmental Protection (EP) Zone, on the same lot may be
included in the calculation of lot area.
iv.
Existing accessory buildings and barns shall be used for dry storage only.
8.1.4.28
RR-28 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated 'RR-
28' on Schedule 'A' the following provisions shall apply:
i.
An outdoor furnace shall be permitted.
ii.
The minimum setback for an outdoor furnace from a side lot line shall be 10 metres.
iii.
The minimum setback for an outdoor furnace from the rear lot line shall be 47
metres.
8.1.4.29
RR-29 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands zoned 'RR-29',
on Schedule 'A' the following provisions shall apply:
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 116
i.
Development shall be setback a minimum of 30 metres from the centreline of the
watercourse;
ii.
Building and structures shall be setback a minimum of 30 metres from the
centreline of County Road 27; and,
iii.
Lands within the Environmental Protection (EP) Zone may be included by the
purpose of calculating lot area.
8.1.4.30
RR-30 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands zoned 'RR-30' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 0 metres
ii.
Minimum lot area: 2 hectares
8.1.4.31
RR-31 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands zoned 'RR-31' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 90 metres
ii.
Minimum lot area: 1 hectare
8.1.4.32
RR-32 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands zoned 'RR-32' on Schedule 'A' the following provisions shall apply:
i.
Minimum rear yard setback for residential uses: 100 metres
8.1.4.33
RR-33 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands zoned 'RR-33' on Schedule 'A' the following provisions shall apply:
i.
Minimum rear yard setback for residential uses: 100 metres
8.1.4.34
RR-34 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands zoned 'RR-34' on Schedule 'A' the following provisions shall apply:
i.
Minimum front yard setback for residential uses and in-ground sewage disposal
systems: 200 metres
ii.
Minimum rear yard setback for residential uses: 125 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 117
8.1.4.35
RR-35 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands zoned 'RR-35' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 85 metres
ii.
Minimum lot area: 1.2 hectares
iii.
There shall be no requirement for a setback from an Environmental Protection
(EP) Zone boundary.
iv.
Lands zoned Environmental Protection (EP) on the same lot may be included in
the calculation of the minimum lot frontage and minimum lot area.
8.1.4.36
RR-36 Zone
Notwithstanding the provisions of the Rural Residential (RR) Zone to the contrary, for
lands zoned 'RR-36' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 35 metres
8.1.4.37
RR-37 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated 'RR-
37' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 36 metres
8.1.4.38
RR-38 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'RR-38'
on Schedule 'A', the following shall apply:
i.
Minimum lot frontage: 42 metres
8.1.4.39
R-39 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'RR-39'
on Schedule 'A', the following shall apply:
i.
All development including buildings, structures and in ground sewage disposal
systems shall be setback a minimum of 40 metres from the adjacent wetland.
8.1.4.40
RR-40 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'RR-39'
on Schedule 'A', the following shall apply:
i.
Minimum lot area: 1 hectare.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 118
8.1.4.41
RR-41 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'RR-41'
on Schedule 'A', the following shall apply:
i.
There shall be no requirement for a setback from an Environmental Protection
(EP) Zone boundary.
ii.
Lands zoned Environmental Protection (EP) on the same lot may be included in
the calculation of the minimum lot area.
8.1.4.42
RR-42 Zone
Notwithstanding any other provision as set out in Section 7.5 of By-law No. 140-2002 as
they apply to the Rural (RU) Zone; the following shall apply to any Rural Residential
Exception No. 42 (RR-42) Zone:
i.
Minimum lot frontage: 36 metres
8.1.4.43
RR-43 Zone
Notwithstanding any other provision of By-law No. 140-2002, as amended as they apply
to the Rural Residential (RR) Zone; the minimum required front yard setback in any
Rural Residential Exception No. 43 (RR-43) Zone shall be 1.8 metres.
8.1.4.44
RR-44 Zone
Notwithstanding any provisions of this By-law No.140-2002, as amended as they apply
to the Rural Residential (RR) Zone; a secondary dwelling unit shall be permitted in an
ancillary structure on lands zoned 'RR-44' on Schedule 'A'.
8.1.4.45
RR-45 Zone
Notwithstanding any provisions of this By-law No. 140-2002, as amended as they apply
to the Rural Residential (RR) Zone; the exterior side yard setback is reduced to 6.7
metres (22ft.) for a detached garage in lands zoned 'RR-45' on Schedule 'A'.
8.1.4.46
RR-46 Zone
Notwithstanding any other provision of this By-law to the contrary, the following
provisions shall apply to lands zoned 'RR-46' on Schedule 'A':
i.
Minimum lot area: 2,000 square metres
ii.
Any buildings and / or structures shall be permitted as existing at the time of the
passing of this By-law
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 119
8.1.4.47
RR-47 Zone
Notwithstanding any other provision of this By-law to contrary, the following provisions
shall apply to lands zoned 'RR-47' on Schedule 'A':
i.
Maximum height of an accessory building (barn): 10 metres
ii.
A barn as existing on the date of the passing of this by-law shall be used only for
dry storage and not for the keeping or housing of livestock.
8.1.5
Shoreline Residential (SHR) Zone
8.1.5.1
SHR-1 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "SHR-1" on the Maps comprising Schedule "A" hereto:
i.
No portion of any opening in any building shall be located below an elevation of
76.1 metres G.S.D.C.
8.1.5.2
SHR-2 Zone
Notwithstanding any other provisions of this By-law, a permanent dwelling on a private
road is permitted on lands designated "SHR-2" on Schedule "A" in accordance with the
pertaining standards of Table 9 of Section 7 for uses in the Shoreline Residential (SHR)
Zone, with the exception that the minimum lot frontage shall be 31 metres.
8.1.5.3
SHR-3 Zone
Notwithstanding any other provisions of this By-law, the following standards shall apply
to the permitted uses in the "SHR-3" Zone on Schedule "A" instead of the requirements
for lot area, lot frontage and interior side yard in Table Nine of Section 7:
i.
Minimum lot area: 1336 square metres
ii.
Minimum lot frontage: 35.7 metres
iii.
Minimum interior side yard: 5.1 metres
8.1.5.4
SHR-4 Zone (By-law 140-2002)
Notwithstanding any other provisions of this By-law, the minimum interior side yard for
the permitted uses in the 'SHR-4' Zone on Schedule 'A' shall be 3 metres instead of the
requirement in Table Nine of Section 7.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 120
SHR-4 Zone (By-law 220-2004)
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'SHR-4' on Schedule 'A':
i.
The only permitted use shall be a maximum 20 cabin sites for seasonal use. For
the purposes of the SHR-4 Zone "seasonal" shall be defined as occupancy and
use from May 1 to November 1 in a calendar year.
ii.
The only permitted buildings and structures shall be private cabins and buildings
and structures accessory and incidental thereto.
iii.
Maximum ground floor area of a cabin: 93 square metres (1000 sq. ft.)
iv.
Maximum height of a cabin: one (1) storey
v.
Each cabin shall be serviced with an individual well.
vi.
Each cabin shall be serviced with an individual sewage system as approved by
the appropriate regulatory authority.
8.1.5.5
SHR-5 Zone
Notwithstanding the minimum lot area requirement of the Shoreline Residential (SHR)
Zone to the contrary, for lands designated 'SHR-5' on Schedule 'A' the minimum lot
area requirement shall be 0.19 hectares.
8.1.5.6
SHR-6 Zone
Notwithstanding any provisions of the Shoreline Residential (SHR) Zone to the contrary,
for lands designated 'SHR-6' on Schedule 'A' the following shall apply:
i.
A private garage shall be a permitted use as a principle use.
ii.
The minimum set back from the south property line shall be 6 metres.
iii.
Development shall not extend beyond 15.5 metres from the south property line.
iv.
The minimum side yard setback shall be 3 metres.
v.
The maximum height of a private garage shall be 4.5 metres.
vi.
The finished floor elevation shall be a minimum of 76.11 metres G.S.C. (Geodetic
Survey of Canada).
vii.
The maximum floor area of a private garage shall be 93 square metres.
viii.
Residential uses shall not be permitted.
ix.
No setback from the Environmental Protection (EP) Zone boundary is required.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 121
8.1.5.7
SHR-7 Zone
Notwithstanding any provisions of the Shoreline Residential (SHR) Zone to the contrary,
for lands designated 'SHR-7' on Schedule 'A' the following shall apply:
i.
The minimum set back for a dwelling from the top-of-bank or an Environmental
protection (EP) Zone shall be 10 metres.
ii.
Notwithstanding the minimum setback from the top-of-bank or an Environmental
Protection (EP) Zone; decks, unenclosed porches, exterior stairs and patios,
covered or uncovered may encroach a maximum of 4 metres.
iii.
The finished floor elevation of a dwelling shall be a minimum of 76.1 metres
G.S.C. (Geodetic Survey of Canada) as determined by an Ontario Land
Surveyor.
iv.
A buffer strip, comprised of native species, with a minimum width of 3 metres
shall be established and maintained adjacent to the top-of-bank.
8.1.5.8
SHR-8 Zone
Notwithstanding any provisions of the Shoreline Residential (SHR) Zone to the contrary,
for lands designated 'SHR-8' on Schedule 'A' the following provisions shall apply:
i.
The minimum required setback from the boundary of an Environmental
Protection (EP) Zone shall be 0 metres (0 feet).
8.1.5.9
SHR-9 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'SHR-9'
on Schedule 'A', the following shall apply:
i.
Minimum exterior side yard (dwelling): 5 metres
ii.
Minimum exterior side yard (garage): 6 metres
iii.
Minimum interior side yard: 3 metres
iv.
Minimum rear yard (north side of lot): 6 metres
v.
Vehicular access shall only be permitted across the west side lot line
8.1.5.10
SHR-10 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'SHR 10'
on Schedule 'A', the following shall apply:
i.
Minimum interior side yard: 1.4 metres
ii.
Minimum front yard: 6.4 metres
iii.
Minimum setback from top-of-bank: 8.8 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 122
8.1.5.11
SHR-11 Zone (By-law 042-2014)
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'SHR-11'
on Schedule 'A', the following shall apply:
i.
Minimum interior side yard - east side: 1.4 meters
ii.
Minimum front yard: 5.9 meters
iii.
Minimum setback from top-of-bank: 1.2 meters
SHR-11 Zone (By-law 065-2015)
Notwithstanding any other provision as set out in Section 7.6 of By-law No. 140-2002 as
they apply to the Shoreline Residential (SHR) Zone; the following shall apply to any
Shoreline Residential Exception No. 11 (SHR-11) Zone:
i.
Minimum easterly side yard setback: 4 metres
ii.
Minimum westerly side yard setback: 2 metres
Notwithstanding any other provision as set out in Sections 4.24.1 and 4.24.3 of By-law
No. 140-2002; the following shall apply to any Shoreline Residential Exception No. 11
(SHR-11) Zone:
i.
Minimum interior side lot line setback: 0.6 metres
ii.
Maximum height: 5.5 metres
8.1.5.12
SHR- 12 Zone
Notwithstanding any other provision as set out in Section 7.5 of By-law No.140-2002 as
amended, as they apply to the Shoreline Residential (SHR) Zone; the following shall
apply to any Shoreline Residential Exception No. 12 (SHR-12) Zone;
i.
Minimum lot area: 1940 square metres
ii.
The provisions of Section 4.21.3 shall prevail in respect of lot frontage being on
an existing private road.
8.1.5.13
SHR- 13 Zone
Notwithstanding any other provision as set out in Sections 7.5 of By-law No. 140-2002,
as amended, as they apply to the Shoreline Residential (SHR) Zone; the following shall
apply to any Shoreline Residential Exception No.13 (SHR-13) Zone;
i.
Minimum lot area: 2750 square metres
ii.
The provisions of Section 4.21.3 shall prevail in respect of lot frontage being on
an existing private road.
iii.
Minimum setback between main building and an Environmental Protection (EP)
Zone boundary: 2.5 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 123
8.1.6
Hamlet Residential (HR) Zone
8.1.6.1
HR-1 Zone
Notwithstanding any other provisions of this By-law any dwelling on lands designated
"HR-1" on Schedule "A" shall be set back 15 metres from the stream on the lot, in
addition to the pertaining standards of Table One of Section 7.0.
8.1.6.2
HR-2 Zone
Notwithstanding any other provisions of this By-law, the minimum frontage for a lot
designated "HR-2" Zone on Schedule "A" shall be 12.2 metres in addition to the
pertaining standards of Table One of Section 7.0.
8.1.6.3
HR-3 Zone
Notwithstanding any other provisions of this By-law, the following standards shall apply
to the lands in the "HR-3" Zone on Schedule 'A' instead of the requirements for front
yard, north interior side yard and frontage in Table One of Section 7.0.
i.
Minimum front yard: 91.44 metres
ii.
Minimum north interior side yard: 70 metres
iii.
Minimum lot frontage: 30.5 metres
8.1.6.4
HR-4 Zone
Notwithstanding any other provisions of this By-law, in addition to the permitted uses in
the HR Zone, the permitted uses of the lands designated as "HR-4" on Schedule "A",
may include a retail commercial use in the garage and workshop building existing as of
November, 1991 which is located on the easterly 15 metres of the property subject to
the regulations of Table 1, Section 7.0 with the exception that the following regulations
shall apply:
i.
Minimum lot area: 1,225 square metres
ii.
Minimum lot frontage: 20 metres
iii.
Minimum front yard: 6 metres
iv.
Minimum northerly interior side yard: 1 metre
v.
Parking and loading:
a. The minimum number of parking spaces shall be eight (8)
b. The maximum number of driveways shall be one (1)
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 124
8.1.6.5
HR-5 Zone
Notwithstanding any other provisions of this By-law, in addition to the permitted uses in
the HR Zone, the permitted uses of the lands designated as "HR-5" on Schedule "A",
may include a greenhouse retail outlet confined to a 167 m2 accessory greenhouse
building with a minimum interior side yard of 0 metres. All other provisions of the Hamlet
Residential (HR) Zone not specifically altered by these requirements shall apply within
Special Zone Category HR-5.
8.1.6.6
HR-6 Zone
Notwithstanding any other provisions of this By-law, the minimum permitted lot frontage
of the lands designated "HR-6" on Schedule "A" hereto is 36 metres. All other provisions
of the Hamlet Residential (HR) Zone not specifically altered by this requirement shall
apply within Special Zone Category HR-6.
8.1.6.7
HR-7 Zone
Notwithstanding any other provisions of this By-law, the minimum permitted lot frontage
of the lands designated "HR-7" on Schedule "A" hereto is 13.7 metres. All other
provisions of the Hamlet Residential (HR) Zone not specifically altered by this
requirement shall apply within Special Zone Category HR-7.
8.1.6.8
HR-8 Zone
Notwithstanding the minimum lot area requirement of the Hamlet Residential (HR) Zone
to the contrary, for lands designated "HR-8" on Schedule "A" the minimum lot area
requirement shall be 0.34 hectares.
8.1.6.9
HR-9 Zone
Notwithstanding the minimum lot area and minimum lot frontage requirements of the
Hamlet Residential (HR) Zone to the contrary, for lands designated "HR-9" on Schedule
"A" the following shall apply:
i.
Minimum lot area: 0.18 hectares
ii.
Minimum lot frontage: 30 metres
8.1.6.10
HR-10 Zone
Notwithstanding the minimum lot area and minimum lot frontage requirements of the
Hamlet Residential (HR) Zone to the contrary, for lands designated "HR-10" on Schedule
"A" the following shall apply:
i.
Minimum lot area: 0.29 hectares
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 125
8.1.6.11
HR-11 Zone
Notwithstanding the minimum lot frontage requirements of the Hamlet Residential (HR)
Zone to the contrary, for lands designated "HR-11" Schedule "A" the minimum lot
frontage shall be 40 metres. In addition, lands within the Environmental Protection (EP)
Zone on the same lot may be used in the calculation of the minimum lot area.
8.1.6.12
HR-12 Zone
Notwithstanding the minimum front yard setback requirement of the Hamlet Residential
(HR) Zone to the contrary, for lands designated "HR-13" on Schedule "A" the following
shall apply:
i.
Minimum front yard: 7.5 metres
For lands designated "HR-12" on Schedule "A" lands within the Environmental Protection
(EP) Zone on the same lot may be used in the calculation of the minimum lot area.
The Holding provision as it applies to land within HR-12 Zone may be removed by
amendment to this By-law passed pursuant to Section 36 of the Planning Act, when the
following matters have been addressed:
i.
The submission of a site plan acceptable to the Municipality and Lower Trent
Conservation that addresses the following:
a. Location of dwelling and other proposed buildings and structures.
b. Location of proposed in ground sewage disposal facilities and well.
c. Building setbacks.
d. Placement of fill on the lot and grading and drainage.
e. Location of driveway.
ii.
The execution of an agreement between the owner and the Municipality to
address cost sharing for the construction of a turn around at the east end of
Hunt Lane; and
iii.
The decommissioning of the existing dug well.
8.1.6.13
HR-13 Zone
Notwithstanding the minimum lot area and minimum lot frontage requirements of the
Hamlet Residential (HR) Zone to the contrary, for lands designated "HR-13" on Schedule
"A" the following shall apply:
i.
Minimum lot frontage: 40 metres
ii.
Minimum lot area: 0.18 hectares
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 126
The Holding provision as it applies to land within HR-13 Zone may be removed by
amendment to this By-law passed pursuant to Section 36 of the Planning Act, when the
following matters have been addressed:
i.
The submission of a site plan acceptable to the Municipality that addresses the
following:
a. Location of dwelling and other proposed buildings and structures.
b. Location of proposed in ground sewage disposal facilities and well.
c. Building setbacks.
d. Placement of fill on the lot and grading and drainage.
e. Location of driveway.
ii.
The execution of an agreement between the owner and the Municipality to
address cost sharing for the construction of a turn around at the east end of Hunt
Lane.
8.1.6.14
HR-14 Zone
Notwithstanding any other provisions of this By-law to the contrary, for lands designated
"HR-14" on Schedule "A" the following shall apply:
i.
Minimum lot frontage 28 metres.
ii.
Lands zoned Environmental Protection (EP) Zone on a lot may be used in the
calculation of the minimum lot area.
iii.
There shall be no requirement for a setback from an Environmental Protection
(EP) Zone boundary.
8.2 Commercial Zones
8.2.1
Core Area (CA) Zone
8.2.1.1
CA-1 Zone
Notwithstanding any other provisions of this By-law, the lands designated as "CA-1" on
Schedule "A" hereto are not required to comply with the minimum off-street parking
requirements of Section 5 of this By-law.
8.2.1.2
CA-2 Zone
Notwithstanding any other provisions of this By-law, the permitted commercial uses of
the lands designated as "CA-2" on Schedule "A" hereto shall be limited to business or
professional offices. All other provisions of the Core Area (CA) Zone not specifically
altered by this provision shall apply within Special Zone Category CA-2.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 127
8.2.1.3
CA-3 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "CA-3" on Schedule "A" hereto:
i.
Permitted commercial uses shall be restricted to:
a. Business or professional offices.
b. Craft shops.
c. Retail stores.
ii.
Minimum required interior side yard: 1.8 metres
iii.
Minimum required front yard: 3 metres
iv.
Minimum off-street parking: two (2) parking spaces
v.
Permitted commercial uses shall not exceed 55 square metres gross floor area.
vi.
A home occupation shall be allowed in the residential portion of the building.
All other provisions of the Core Area (CA) Zone not specifically altered by these
requirements shall apply within Special Zone Category CA-3.
8.2.1.4
CA-4 Zone
Notwithstanding any other provisions of this By-law to the contrary, the following
provisions apply to the lands zoned "CA-4" on Schedule "A":
i.
Permitted uses shall be restricted to:
a. Medical clinic.
b. Business or professional offices.
c. Craft shops.
d. Retail stores.
e. Accessory dwelling unit.
f. Apartment dwelling unit.
ii.
Minimum required interior side yard: 1.6 metres
iii.
Minimum off-street parking as required in Section 5.0 of this By-law.
iv.
Maximum total gross floor area for commercial and medical clinic uses: 80 square
metres.
All other provisions of the Core Area (CA) Zone not specifically altered by these
requirements shall apply within Special Zone Category CA-4.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 128
8.2.1.5
CA-5 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "CA-5" on Schedule "A" hereto:
i.
Minimum south side yard: 1.37 metres
ii.
Minimum front yard: 3.35 metres
iii.
No required buffer strip between commercial and residential zones
All other provisions of the Core Area (CA) Zone not specifically altered by these
requirements shall apply with Special Zone Category CA-5.
8.2.1.6
CA-6 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "CA-6" on Schedule "A" hereto:
i.
Existing buffer strips be maintained.
ii.
Minimum south side yard: 2.7 metres
All other provisions of the Core Area (CA) Zone not specifically altered by these
requirements shall apply with Special Zone Category CA-6.
8.2.1.7
CA-7 Zone
Notwithstanding any other provisions of this By-law to the contrary, within the Core Area
Exception No. 7 (CA-7) Zone an outdoor patio shall only be permitted subject to the
following provisions:
i.
Located to the north of the existing building and not within the existing front yard.
ii.
Maximum patio area: 33.5 square metres (360 square feet)
iii.
An outdoors-sound system shall not be permitted.
8.2.1.8
CA-8 Zone
Notwithstanding the provisions of the Core Area (CA) Zone to the contrary, for lands
designated "CA-8" on Schedule "A" the following provisions shall apply:
i.
Maximum front yard: 20 metres
ii.
Minimum setback from the south property line: 4 metres
iii.
Minimum rear yard setback: 4 metres
iv.
Parking spaces may be located in the front yard provided they are setback a
minimum of 1 metre from the front lot line.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 129
8.2.1.9
CA-9 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'CA-9' on
Schedule 'A', the following shall apply:
i.
Minimum front yard: 0.4 metres
ii.
Minimum rear yard: 1 metre
8.2.1.10
CA-10 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'CA-10' on
Schedule 'A', the following shall apply:
i.
A gas bar shall also be a permitted use
ii.
Maximum front yard: 10.2 meters
iii.
Minimum rear yard: 4.6 meters
iv.
Maximum accessory building height: 5.9 meters
v.
Permitted encroachment into required yard 100 % for a concrete patio.
8.2.1.11
CA-11 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to the lands zoned 'CA-11' on Schedule 'A':
i.
Permitted Uses shall be restricted to:
a. Medical clinic.
b. Business or professional office.
c. Personal service shop.
d. Two (2) second storey apartment units.
ii.
Minimum required interior westerly side yard abutting a residential zone shall be
5.3 metres.
iii.
Minimum required interior easterly side yard abutting a residential zone shall be
0.6 metres.
iv.
Maximum total gross floor area for non-residential uses shall be 225 metres
squared.
v.
Maximum total gross floor area for second storey residential uses shall be 225
metres squared.
vi.
Minimum required buffer strip provided a 1.8 metre opaque fence is provided
adjacent to a residential zone, in conjunction with the required buffer strip 0.6
metres.
vii.
Minimum number of on-site parking spaces shall be ten (10).
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 130
8.2.1.12
CA-12 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to the lands zoned 'CA-12' on Schedule 'A':
i.
Permitted Uses shall be restricted to:
a. Business or professional office
b. Personal service shop
ii.
Minimum required interior westerly side yard
2.2 metres
That all other provisions of the Core Area (CA) Zone not specifically altered by these
requirements shall apply to special category CA-12.
8.2.2
Local Commercial (LC) Zone
8.2.2.1
LC-1 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "LC-1" on Schedule "A" hereto:
i.
Permitted use limitation:
a. Convenience retail stores, service shops and personal service shops are not
permitted.
ii.
Minimum required front yard: 12 metres
iii.
Minimum required interior side yard: 3 metres
iv.
Minimum required rear yard: 5.6 metres
All other provisions of the Local Commercial (LC) Zone not specifically altered by these
requirements shall apply within Special Zone Category LC-1.
8.2.3
Highway Commercial (HC) Zone
8.2.3.1
HC-1 Zone
Notwithstanding any other provisions of this By-law for the lands designated as "HC-1"
on Schedule "A" hereto, residential uses existing as of the date of passing of this By-law
are permitted. All other provisions of the Highway Commercial (HC) Zone not
specifically altered by this provision shall apply within Special Zone Category HC-1.
8.2.3.2
HC-2 Zone
Notwithstanding any other provisions of this By-law for the lands designated as "HC-2"
on Schedule "A" hereto, a bed and breakfast establishment is permitted in accordance
with the pertaining standards outlined in Table Six of Section 7 for the R1 Zone. All other
provisions of the Highway Commercial (HC) Zone not specifically altered by this
provision shall apply within Special Zone Category HC-2.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 131
8.2.3.3
HC-3 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "HC-3" on Schedule "A" hereto:
i.
Minimum required lot frontage: 17 metres
ii.
Minimum required rear yard: 6 metres
iii.
Minimum required interior side yard: 1.8 metres
iv.
A loading space or spaces are not required.
v.
Minimum off-street parking: two (2) parking spaces
All other provisions of the Highway Commercial (HC) Zone not specifically altered by
these requirements shall apply within Special Zone Category HC-3.
8.2.3.4
HC-4 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "HC-4" on Schedule "A" hereto:
i.
Minimum required interior side yard: Nil
ii.
Minimum required rear yard: 0.3 metres
iii.
Minimum parking requirement: one (1) parking space per 60 square metres gross
floor area.
All other provisions of the Highway Commercial (HC) Zone not specifically altered by
these requirements shall apply within Special Zone Category HC-4.
8.2.3.5
HC-5 Zone
Notwithstanding any other provisions of this By-law, the permitted uses of the lands
designated as "HC-5" on Schedule "A" to this By-law may include a self storage facility
as defined in Section 2 of this By-law, in accordance with the pertaining standards
outlined in Table 10 of Section 7 for such uses.
8.2.3.6
HC-6 Zone
Notwithstanding any other provisions of this By-law, the permitted uses of the lands
designated as "HC-6" on Schedule "A" to this By-law may include construction related
uses in accordance with the pertaining standards outlined in Table 10 of Section 7 for
uses in the Highway Commercial Zone.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 132
8.2.3.7
HC-7 Zone
Notwithstanding any other provisions of this By-law, the permitted uses of the lands
designated "HC-7" on Schedule "A" of this By-law may include an outdoor ornamental
furnishings outlet in accordance with the pertaining standards outlined in Table 10 of
Section 7 for uses in the Highway Commercial Zone with the exception that open
storage shall be permitted in all yards, provided such uses are located a minimum of 0.9
metres from the street line.
8.2.3.8
HC-8 Zone
Notwithstanding any other provisions of this By-law, the permitted use of the lands
designated "HC-8" on Schedule "A" of this By-law may include a ceramic production and
sales outlet in accordance with the pertaining standards outlined in Table 10 of Section
7 for uses in the Highway Commercial Zone.
8.2.3.9
HC-9 Zone
Notwithstanding any other provisions of this By-law, the minimum interior side yard for
the lands designated "HC-9" on Schedule "A" shall be 3 metres. All other provisions of
the Highway Commercial Zone not specifically altered by this requirement shall apply
within the HC-9 Zone.
8.2.3.10
HC-10 Zone
Notwithstanding any other provisions of this By-law, the permitted uses of the lands
designated 'HC-10' on Schedule 'A' may only include the following in accordance with
the pertaining standards outlined in Table Ten of Section 7 for uses in the Highway
Commercial Zone:
i.
Recreational vehicle parts store.
ii.
Recreational vehicle office.
iii.
Recreational vehicle storage.
iv.
One building to accommodate the parts store and office use.
v.
Parking where such use is accessory and incidental to a permitted use specific
herein.
vi.
The parts store and office use shall be permitted on the lands in the HC-10 Zone
for a maximum period of three (3) years from November 4, 2002.
8.2.3.11
HC-11 Zone
Notwithstanding any other provisions of this By-law, in addition to the other permitted
uses, the permitted uses of the lands designated 'HC-11' on Schedule 'A' may include a
duplex dwelling in accordance with the pertaining standards of Table 10 of Section 7 for
uses in the Highway Commercial Zone with the exception that the exterior side yard and
front yard shall be that existing on April 21, 1988.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 133
8.2.3.12
HC-12 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated 'HC-12' on Schedule 'A' hereto:
i.
Residential uses prohibited.
ii.
Minimum setback from Elizabeth Street shall be 40 metres.
iii.
Minimum setback from Elizabeth Street for a gas bar and accessory kiosk shall
be 23 metres. (Added by By-law 294-2005).
iv.
Minimum setback from Elizabeth Street for a drive-through restaurant centre
shall be 12 metres.
All other provisions of the Highway Commercial (HC) Zone not specifically altered by
these requirements shall apply within Special Zone Category 'HC-12'. However, in
accordance with Section 36 of the Planning Act for those lands shown on Schedule 'A'
to this By-law as Highway Commercial Special Zone Category 12 Holding (HC-12-H)
Zone the uses permitted shall be those existing at the date of adoption of this By-law.
The Holding provision may be removed or the permitted uses modified by amendment
to this By-law when the following matters have been addressed:
i.
A Public Meeting has been held on the Site Plan for these lands;
ii.
A Site Plan has been prepared which addresses the following:
a. Exterior lighting
b. Building setbacks
c. Landscaping
d. Refuse disposal location
e. Loading areas
f. A Site Plan Agreement has been executed;
iii.
A Retail Market Analysis has been completed if the total gross floor area on the
lands exceeds 1,400 square metres;
iv.
A Transportation Impact Analysis has been completed and the traffic measures
recommended are included in an Agreement to ensure implementation; and,
v.
A Stormwater Management Plan has been completed and the recommendations
are included in an agreement to ensure implementation.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 134
8.2.3.13
HC-13 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'HC-13'
on Schedule 'A', the following shall apply:
i.
Permitted non-residential uses shall be limited to the following:
a. Motor vehicle repair shop.
b. Motor vehicle sales establishment.
c. Motor vehicle and recreational vehicle storage compound.
d. Recreational vehicles sales and service establishment.
e. Self storage facility.
ii.
A single detached dwelling and uses, buildings and structures accessory thereto
shall be permitted.
iii.
Minimum lot area 3.2 hectares (8.0 acres).
iv.
Maximum area for outdoor display of vehicles for sale 233 m2 (2500 sq. ft.).
v.
Maximum number of motor vehicles on sale that may be displayed 15.
vi.
Maximum area for outdoor storage compound 1858 m2 (20,000 sq. ft.).
vii.
Maximum gross floor area for the sales, service and repair of vehicles 588 m2
(6324 sq. ft.).
viii.
Opaque fencing with a minimum height of 1.8 metres (6 ft.) shall be used to
screen the boundaries of the outdoor storage compound.
ix.
Outdoor lighting shall be directed away from adjacent properties.
8.2.3.14
HC-14 Zone
Notwithstanding any other provisions of this By-law, the permitted highway commercial
uses of the lands designated 'HC-14' on Schedule 'A' may only include an
establishment for motor vehicle cleaning and detailing. All other provisions of the
Highway Commercial Zone not specifically altered by this requirement shall apply within
the Special Zone Category HC-14 Zone.
8.2.3.15
HC-15 Zone
Notwithstanding any provisions of this By-law to the contrary, the only uses permitted on
lands zoned 'HC-15' on Schedule 'A' are the following:
i.
Recreational vehicle sales and service establishment;
ii.
Recreational vehicle storage;
iii.
One (1) building to accommodate the sales and service establishment; and,
iv.
Parking where such use is accessory and incidental to a permitted use as
specified herein.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 135
8.2.3.16
HC-16 Zone
Notwithstanding any other provisions of this By-law to the contrary, the following
provisions apply to the lands zoned 'HC-16' on Schedule 'A' hereto:
i. In addition to the uses permitted in the HC Zone, a Home & Auto Supply Store
and Home Improvement Store shall be permitted.
ii. In addition to the uses permitted in the HC Zone, a maximum of two (2) drive
through facilities shall be permitted as accessory use to any permitted use. In
addition to the drive through facilities permitted above, a free standing financial
institution drive through kiosk not connected to a building but accessory to a
financial institution on the lands zoned HC-16 will also be permitted.
Notwithstanding the above, a maximum of two (2) of the three (3) drive through
facilities shall be permitted prior to January 1, 2012 with the third permitted on or
after January 1, 2012.
iii. Notwithstanding the uses permitted in the HC Zone, a supermarket, a
department store, and a dwelling unit of any kind shall not be permitted.
iv. A retail store shall have a minimum gross floor area of 375 square metres.
v. A stand alone restaurant shall have a minimum gross floor area of 186 square metres.
vi. The outdoor display and sale of goods, such as seasonal garden centres, shall
be permitted in accordance with the following provisions:
a. Shall not be located within a required yard.
b. Shall not obstruct or occupy any required parking area.
c. The outdoor display area is to be located on a hard surface material of
asphalt, concrete, pavers or similar building material.
vii.
Within the HC-16 Zone, the maximum total gross floor area for retail and
service commercial uses, excluding any area used as a seasonal garden
centre shall be 8,825 square metres which may consist of any use permitted
in the HC-16 Zone subject to the following maximum gross floor area
restrictions:
Use
Maximum Gross Floor Area
a)
Home & Auto Supply Store
4,350 sq. m
b)
Home Improvement Store
4,350 sq. m
c)
Retail Store
2,787 sq. m
viii.
Development may occur in one or two phases. If development proceeds in
two (2) phases then Phase 1 means development prior to January 1, 2012
and Phase 2 means development no earlier than January 1, 2012. If the
development proceeds in a single phase this means development which
occurs no earlier than January 1, 2012.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 136
a. The maximum total gross floor area permitted in Phase 1 for retail and
service commercial uses, excluding any area used as a seasonal
garden centre, shall be 4,650 square metres.
b. If the development proceeds in two phases then Phase 1 shall include
an anchor store with a minimum gross floor area of 2,320 square
metres and a maximum gross floor area of 4,350 square metres
excluding any area used as a seasonal garden centre.
c. If the development proceeds in a single phase (on or after January 1,
2012), then the development shall include an anchor store with a
minimum gross floor area of 2,320 square metres and a maximum
gross floor area of 4,350 square metres excluding any area used as a
seasonal garden centre, which anchor store shall be constructed in
advance of or simultaneously with any other building to be constructed
as part of the development.
ix.
There shall be no maximum front yard requirement.
x.
Loading spaces per building shall be provided as follows:
a. 0 to 1,860 square metres of gross floor area: 0
b. 1,861 to 2,787 square metres of gross floor area: 1
c. Over 2,787 square metres of gross floor area: 2
xi.
Notwithstanding any future land division, the lands municipally known in the
year 2009 as 129 Elizabeth Street shall be treated as one (1) parcel for the
purposes of meeting zoning standards for setbacks, lot area, lot frontage,
parking, and lot coverage.
xii. A By-law shall not be enacted to remove the "Holding" (-H) symbol from lands
zoned 'HC-16-H' on Schedule 'A' until such time as a Site Plan Agreement
satisfactory to the Municipality has been executed and registered on title of the
lands. The Agreement(s) shall address, among other things following:
a. Phasing and construction schedule;
b. Timing for construction of the anchor store;
c. Off-site improvements;
d. On-site servicing;
e. Noise attenuation measures;
f. Exterior lighting;
g. Signage;
h. Landscaping;
i. Refuse disposal locations;
j. Loading areas;
k. Parking areas and spaces;
l. Stormwater management; and,
m. The provision of appropriate securities.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 137
8.2.3.17
HC-17 Zone
a) Notwithstanding any other provisions of By-law No. 140-2002, as amended, to the
contrary, on lands zoned 'HC-17' on Schedule 'A', permitted uses shall be limited
to the following:
i.
Art gallery;
ii.
Bake shop;
iii.
Business or professional office;
iv.
Commercial fitness centre;
v.
Convenience retail store;
vi.
Day nursery;
vii.
Financial institution;
viii.
Hotel;
ix.
Home furnishing store;
x.
Medical clinic;
xi.
Personal service;
xii.
Place of entertainment;
xiii.
Place of worship;
xiv.
Restaurant including take-out restaurant;
xv.
Retail store;
xvi.
Food store; and,
xvii.
Shopping centre.
b) Notwithstanding any provisions of Section 6.3 (2) of By-law No. 140-2002, as
amended, to the contrary the minimum gross floor area of an individual unit or
store in a multi-unit shopping centre shall be 185 square metres.
c) All other provisions of By-law No. 140-2002, as amended, not specifically altered
by these requirements and as they apply to the 'Highway Commercial (HC)
Zone'' shall apply within Special Zone Category 'Highway Commercial Exception
No. 17 (HC-17) Zone'.
8.2.3.18
HC-18 (H) Zone
a) Notwithstanding any other provisions of By-law No. 140-2002, as amended, to
the contrary, on lands zoned 'HC-17' on Schedule 'A', permitted uses shall be
limited to the following:
i.
Art gallery;
ii.
Bake shop;
iii.
Business or professional office;
iv.
Commercial fitness centre;
v.
Convenience retail store;
vi.
Day nursery;
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 138
vii.
Financial institution;
viii.
Hotel;
ix.
Home furnishing store;
x.
Medical clinic;
xi.
Personal service;
xii.
Place of entertainment;
xiii.
Place of worship;
xiv.
Restaurant including take-out restaurant;
xv.
Retail store;
xvi.
Food store; and,
xvii.
Shopping centre.
b) Notwithstanding any provisions of Section 6.3 (2) of By-law No. 140-2002, as
amended, to the contrary the minimum gross floor area of an individual unit or
store in a multi-unit shopping centre shall be 185 square metres.
c) All other provisions of By-law No. 140-2002, as amended, not specifically altered
by these requirements and as they apply to the 'Highway Commercial (HC)
Zone'' shall apply within Special Zone Category 'Highway Commercial Exception
No. 17 (HC-17) Zone'.
8.2.4
Recreational Commercial (RC) Zone
8.2.4.1
RC-1 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "RC-1" on Schedule "A" hereto:
i.
Permitted Uses
A trailer park as defined in Section 2, in addition to the uses permitted in Table 2
of Section 6.3.
ii.
Permitted buildings and structures
a) Travel trailers;
b) Tents; and
c) Accessory buildings and structures for the permitted trailer park uses
including shower and washroom facilities, recreation facilities, a convenience
commercial use, office for the operation, and a maximum of two (2) single
detached dwellings or mobile homes for the owner, operator or an employee
of the park.
iii.
Development Standards for a trailer park
a. Minimum lot area: 4 hectares
b. Minimum lot frontage: 60 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 139
c. Minimum yards:
-
all buildings and structures, travel trailers and tents shall be set back a
minimum of 9 metres from any lot line.
d. Maximum lot coverage: 30 %
e. Travel trailer site area: minimum 185 square metres per
travel trailer site.
f. Maximum density (number of trailer sites per hectare):
-
Enroute campground: 30 sites per hectare
-
Destination campground: 20 sites per hectare
-
Combination campground: 20 sites per hectare
g. Minimum landscaped open space: 40 %
h. Maximum building height: 9 metres
i. Prohibition of year round occupancy:
Notwithstanding any other provisions of this By-law, no travel trailer shall be used
for the living, sleeping or eating accommodation of persons within a trailer park
for a period of more than 160 days in any period of 12 consecutive months.
8.2.4.2
RC-2 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "RC-2" on Schedule 'A' hereto:
i.
Additional Permitted Uses:
a. A motorsport racing track in addition to the uses permitted in Table 2 of
Section 6.3.
b. Accessory uses, including the parking of travel trailers and motor homes
for contestants and their assistants only.
ii.
Permitted buildings and structures:
a. Buildings and structures permitted for the main permitted uses;
b. Accessory buildings and structures for the permitted uses including one
single detached dwelling and clubhouse facilities.
iii.
Regulations for the uses permitted in the RC-2 Zone:
All regulations in Table 10 of Section 7 for the 'RC' Zone shall apply to the
permitted uses in the RC-2 Zone.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 140
8.2.4.3
RC-3 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned RC-3 on Schedule "A":
i.
Permitted Uses
Only the following uses shall be permitted in the RC-3 zone:
a. Hotel / inn facility.
b. Restaurant / banquet facility.
c. Outdoor licensed patio.
d. Swimming pool (Class B).
e. Accessory uses including an accessory dwelling unit, home occupation
and parking areas.
ii.
Permitted buildings and structures
a. Buildings and structures for the permitted uses.
b. Accessory buildings and structures for the permitted uses.
iii.
Prior to the removal of the Holding Symbol 'H', the following restrictions shall
apply:
a. The hotel / inn facility shall be restricted to a maximum of nine (9) guest
rooms.
b. The restaurant / banquet hall shall be restricted to a maximum floor area
of 135 square metres.
iv.
Removal of the Holding Symbol
The following requirements shall be addressed to the satisfaction of the
Municipality as a prerequisite to the approval of a By-law to remove the Holding
Symbol from the zoning:
a. A servicing investigation and report, prepared by a qualified individual or
firm, with respect to water supply and sewage disposal, prepared in
accordance with applicable regulations and to the satisfaction of the
appropriate approval authority.
b. A stormwater management report, prepared by a qualified individual or
firm, including a grading and drainage plan and a sediment and erosion
control plan.
c. A woodland corridor enhancement plan, prepared by a qualified individual
or firm, to protect and enhance the woodland corridor on the property.
d. The preparation of a site plan that meets all applicable requirements of the
Municipality's Site Plan Control By-law.
e. The execution of a site plan agreement with the Municipality of Brighton.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 141
v.
Regulations for the Permitted Uses
The regulations specified in Table 10 to this By-law for the Recreational
Commercial 'RC' Zone shall apply to the permitted uses in RC-3 Zone.
vi. Definitions
For the purposes of the RC-3 Zone the following shall apply:
a. Accessory dwelling unit shall mean a dwelling unit located within the
commercial building, for the sole use and occupancy of the owner or
operator of the commercial use.
8.2.4.4
RC-4 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "RC-4" on Schedule "A" hereto:
i.
Permitted Uses an existing fish processing plant is a permitted use.
ii.
Minimum required lot frontage: 7.3 metres
8.2.4.5
RC-5-U Zone
Notwithstanding any other provisions of this By-law to the contrary, within the
Recreational Commercial Exception No. 5 - Wave Uprush (RC-5-U) Zone, designated
as "RC-5-U" on Schedule "A" the following provisions shall apply:
i.
Permitted Uses
a. Art gallery
b. Marina
c. Museum
d. Restaurant
e. Restaurant, take-out
f. Accessory dwelling unit
ii.
Regulations
a. Minimum front yard: 2 metres (6.5 feet)
b. Minimum east side yard: 3 metres (9.8 feet)
c. Maximum depth of development: 15.2 metres (50 feet) from the north
property line:
d. Maximum height: 10 metres (32.8 feet)
e. Maximum lot coverage: 15 %
f. Maximum gross floor area index: 20 %
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 142
iii.
Definitions
For the purposes of the RC-5-U Zone the following shall apply:
a. Accessory dwelling unit shall mean a dwelling unit located above the main
floor of the commercial building in which the dwelling unit is situated, for the
sole use and occupancy of the owner or operator of the commercial use.
b. Gross floor area index shall mean the ratio of total floor area within buildings
and structures on the lot to the total lot area above the top of bank.
8.2.4.6
RC-5 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned RC-5 on Schedule A:
i.
The minimum lot frontage requirement shall be 6.7 metres.
ii.
The permitted uses shall be limited to:
a. A commercial operation for the wholesale and retail sale of cleaning supplies,
janitorial supplies and safety supplies.
b. A residential dwelling unit on the second floor.
8.2.4.7
RC-6 Zone
Notwithstanding any provisions of Section 6.3 and Section 7.6 of this By-law, the
following provisions apply to lands zoned as RC-6 on Schedule 'A' attached hereto:
i.
Permitted Uses
Uses shall be limited to those deemed to be non-permanent and include boat
cradle storage, stockpiling of materials and similar uses.
ii.
Non-Permitted Uses
Buildings, structures and site alteration work shall not be permitted.
iii.
Special Regulations
The provisions of Section 7.6 of the By-law shall not apply to lands zoned
"Recreational Commercial Exception No. 6 (RC-6)"; save and except that the
minimum interior and rear yards shall apply.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 143
8.3 Industrial Zones
8.3.1
General Industrial (M1) Zone
8.3.1.1
M1-1 Zone
Notwithstanding any other provisions of this By-law for the lands designated as "M1- 1"
on Schedule 'A' hereto, permitted uses may include a wholesale automobile tire
warehouse with a subsidiary retail sales outlet. The minimum required front yard depth
is 9 metres, and the minimum exterior side yard width is 8.5 metres. All other provisions
of the General Industrial (M1) Zone not specifically altered by these requirements shall
apply within Special Zone Category M1-1.
8.3.1.2
M1-2 Zone
Notwithstanding any other provisions of this By-law for the lands designated as "M1- 2"
on Schedule 'A' hereto, a retail store with a maximum gross floor area of 38 square
metres is permitted. All other provisions of the General Industrial (M1) Zone not
specifically altered by this requirement shall apply within Special Zone Category M1-2.
8.3.1.3
M1-3 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "M1-3" on Schedule "A" hereto:
i.
Minimum interior side yard: Nil
ii.
Maximum height of building: 14.6 metres
iii.
Front yard may be used for parking and loading area.
All other provisions of the General Industrial (M1) Zone not specifically altered by these
requirements shall apply within Special Zone Category M1-3.
8.3.1.4
M1-4 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "M1-4" on Schedule 'A' hereto:
i.
Minimum required rear yard: Nil
ii.
Minimum off-street parking: 24 spaces
iii.
Front and exterior side yards may be used for parking.
iv.
Minimum setback for outside storage: 13.7 metres
All other provisions of the General Industrial (M1) Zone not specifically altered by these
requirements shall apply within Special Zone Category M1-4.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 144
8.3.1.5
M1-5 Zone
Notwithstanding any other provisions of this By-law, the minimum parking requirement
for the existing building on the lands designated as "M1-5" on Schedule 'A' hereto as of
the date of passing of this By-law is 24 parking spaces. All other provisions of the
General Industrial (M1) Zone not specifically altered by these requirements shall apply
within Special Zone Category M1-5.
8.3.1.6
M1-6 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "M1-6" on Schedule 'A' hereto:
Additional Permitted Uses
i.
Dry cleaning or laundry establishment;
ii.
Equipment sales and / or rental;
iii.
Farm related implement and equipment sales and service establishment;
iv.
General contractor's or tradesman's Yard and related shop facilities; and,
v.
Outside display and storage of goods and materials where such use is
accessory and incidental to a permitted non-residential use otherwise
specified hereunder.
All other provisions of the General Industrial (M1) Zone not specifically altered by these
requirements shall apply within Special Zone Category M1-6.
8.3.1.7
M1-7 Zone
Notwithstanding any other provisions of this By-law, the permitted uses of the lands
designated as "M1-7" on Schedule 'A' hereto may include an outdoor storage and
salvage yard subject to the following:
i.
Minimum required front, side and rear yards: 30 metres
ii.
Maximum height of a building or structure shall be 12 metres including
accessory buildings and structures.
iii.
Minimum landscaping requirements:
a. A landscape buffer strip with a minimum depth of 9 metres is required
along the full length of every lot line.
All other provisions of the General Industrial (M1) Zone not specifically altered by these
requirements shall apply within Special Zone Category M1-7.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 145
8.3.1.8
M1-8 Zone
Notwithstanding any other provisions of this By-law, the following additional uses shall
be permitted on the lands designated as "M1-8" on Schedule "A":
i.
A pet supply store from which the only animals which may be retailed are fish;
ii.
Maximum floor area: 38 square metres
All other provisions of the General (M1) Zone not specifically altered by these
requirements shall apply with Special Zone Category M1-8.
8.3.1.9
M1-9 Zone
Within the General Industrial Exception No. 9 (M1-9) Zone, designated as "M1-9" on
Schedule "A" the following additional provisions shall apply:
i.
An auction hall use shall also be permitted
ii.
The maximum floor area of an auction hall shall be 930 square metres.
8.3.1.10
M1-10 Zone
Notwithstanding any other provisions of this By-law, on lands designated as "M1-10" on
Schedule 'A' hereto an off-leash dog park shall also be a permitted use.
8.3.1.11
M1-11 Zone
Notwithstanding the permitted uses of the General Industrial Zone (M1) as set out in
Section 6.4 of Zoning By-law No, 140-2002 as amended, the following uses may also
be permitted:
i.
The retail sale of motorcycle and all-terrain vehicle accessories.
ii.
The display and retail sale of trailer tow vehicles and recreational trailers or
vehicles/motorhomes.
iii.
That the location and parking/display of trailer tow vehicles and motorhome
uses permitted in Section 2.2 of this By-law shall be restricted to the rear
yard.
8.3.1.12
M1-12 Zone
Notwithstanding any other provisions of this By-law, on lands designated "M1-12", as
shown on Schedule "A" attached hereto the following uses are permitted:
i.
A bulk fuel storage;
ii.
Bulk fuel distribution; and,
iii.
Administration office.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 146
8.3.2
Rural Industrial (M2) Zone
8.3.2.1
M2-1 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "M2-1" on Schedule 'A' hereto:
i.
Additional Permitted Use
A vehicle wrecking or salvage yard as defined in Section 2.
ii.
Regulations for the Uses permitted in the M2-1 Zone
The regulations in Table Eleven of Section 7 shall apply to the permitted uses in
the M2-1 Zone with the exception that a vehicle wrecking or salvage yard shall
be subject to the following additional regulations:
a. Outdoor storage
Outdoor storage shall be permitted provided that any storage area is
surrounded by a closed fence with a minimum height of 3 metres. Further, an
outdoor storage area shall not be located within any required yard.
b. Permitted dwelling unit
An accessory dwelling unit is permitted within a separate building provided
said dwelling is not located within an open storage area.
8.3.2.2
M2-2 Zone
a) Notwithstanding any other provision of By-law No.140-2002, as amended, the
permitted uses on any lands zoned "M2-2" on Schedule 'A' may also include:
i.
A pet crematorium.
ii.
An accessory single detached dwelling for the purpose any lands zoned 'M2-2'.
A pet crematorium means a facility fitted with appliances for the purpose of
cremating household pet and animal remains; but does not include livestock
and undomesticated remains.
b) Notwithstanding any other provision of Section 7.7 of By-law No.140- 2002, as
amended, the following shall apply to any 'M2-2' zone;
i.
All operations incidental to a pet crematorium shall be restricted to an internal
facility with a maximum floor area of 208 m2
c) No outside storage shall be permitted.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 147
8.3.2.3
M2-3 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned M2-3 on
Schedule "A", the following shall apply:
i.
Permitted uses shall be limited to a dry industrial use comprised of a metal
bonding facility.
ii.
The metal bonding facility shall be comprised of a preparation building, a bonding
plant and office building and buildings and structures accessory thereto.
iii.
That maximum gross floor area of buildings shall be as follows:
a) Preparation building: 95 square metres
b) Bonding plant: 745 square metres
c) Office building: 115 square metres
iv.
Minimum lot frontage of M2-3 Zone shall be 0 metres however direct access from
a municipal road allowance is required
v.
Minimum lot area of M2-3 Zone: 2.4 hectares
vi.
Minimum setback of all buildings and structures from a watercourse: 30 metres
8.3.2.4
M2-4 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned M2-4 on
Schedule "A", the following shall apply:
1. Additional Permitted Use
i.
A vehicle wrecking or salvage yard as defined in Section 2.
ii.
A motor vehicle sales establishment as defined in Section 2.
2. Regulations for the Uses permitted in the M2-4 Zone
The regulations in Table 11 of Section 7.0 shall apply to the permitted uses in the
M2-4 Zone with the exception that the additional permitted uses as set out above
shall be subject to the following additional regulations:
i.
Outdoor storage for vehicle wrecking or salvage yard
Outdoor storage shall be permitted provided that any storage area is
surrounded by a closed fence with a minimum height of 3 metres. Further, the
enclosed outdoor storage area shall not be located within any required yard.
ii.
Outdoor storage of motor vehicles that are for sale
The maximum number of motor vehicles for sale that may be displayed
outside of an enclosed storage area shall be three (3).
iii.
Permitted dwelling unit
An accessory dwelling unit is permitted within a separate building provided
said dwelling is not located within an outdoor storage area.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 148
8.3.2.5
M2-5 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned M2-5 on
Schedule "A", the following shall apply:
i.
Permitted uses shall be limited to a contractor's yard.
ii.
Minimum lot frontage of M2-5: 41.0 metres
iii.
Minimum lot area of M2-5: 1950 square metres
8.3.3
Extractive Industrial (EM) Zone
8.3.3.1
EM-1 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "EM-1" on Schedule 'A' hereto:
Regulations for the Uses Permitted in the EM-1 Zone.
The regulations in Table 11 of Section 7.0 hereof shall apply to the permitted uses in the
EM-1 Zone and, in addition, the following regulations shall apply:
i.
Notwithstanding the provisions of Table 11 of Section 7 hereof to the contrary, in
addition to a permitted gravel pit, nothing shall prevent the establishment in the
EM-1 Zone of a conveyor box system used for the transporting of materials
derived from a gravel pit provided that such conveyor box system is installed so
as to pass under any road allowance located along the route of any such
conveyor box system, and further provided that the stockpiling or processing of
any aggregate mined within any EM-1 Zone shall not be permitted.
ii.
Notwithstanding any provisions of Table 11 of Section 7 hereof to the contrary,
no setbacks shall be required adjacent to a lot line which abuts the EM-2 Zone.
8.3.3.2
EM-2 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "EM-2" on Schedule 'A' hereto:
Regulations for the Uses Permitted in the EM-2 Zone.
The regulations in Table Eleven of Section 7 shall apply to the permitted uses in the
Special EM-2 Zone and, in addition, the following regulations shall apply:
i.
Notwithstanding the provisions of Table 11 of Section 7 hereof to the contrary,
the lands zoned "EM-2" shall be used for no purpose other than a gravel pit
(exclusive of any processing operation) and an associated conveyor box system
provided that the said lands are developed and used in accordance with the
following provisions:
a.
Transporting of mined aggregate:
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 149
The only permissible method of transporting the mined aggregate shall be
by way of a conveyor box system that shall carry the material from the
EM-2 Zone, through the EM-1 Zone, to terminate on the site zoned as EM-
1 and located immediately to the northeast of the EM-2 Zone.
b.
Processing and stockpiling of mined aggregate:
The stockpiling and processing of any mined aggregate shall be prohibited
within the EM-2 Zone and any such mined aggregate shall be carried by
way of a conveyor box system to the EM-1 Zone located to the northeast,
for stockpiling and processing.
ii.
Notwithstanding the provisions of Table 11 of Section 7 hereof to the contrary, no
setback shall be required adjacent to a lot line which abuts the EM-1 Zone.
8.3.3.3
EM-3 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "EM-3" on Schedule 'A' hereto:
i.
Required yards
a. Minimum required front yard: 30 metres
b. Minimum required rear yard: 15 metres
c. Minimum required side yards:
-
East and west sides 15 metres.
-
North east side yard 3 metres.
ii.
Location of Gravel Pit
No portion of a gravel pit shall be established or operated within 30 metres of the
Eighth Concession Road street line, within 15 metres of the northwest and east
zone boundaries, nor within 3 metres of the northeast zone boundary.
iii.
Screen Planting
The lands within 30 metres of the Eighth Concession Road street line, 15 metres
of the northwest and east zone boundaries, and within 3 metres of the north east
zone boundary shall be used for no other purpose than the planting of grass,
shrubs and trees and the erection of grassed berms, except that one access road
to the gravel pit from the Eighth Concession Road may be permitted.
iv.
Accessory uses in accordance with Section 4.0.
v.
Parking in accordance with Section 5.0.
vi.
Definition: For the purposes of this Section the lands zoned EM-3 shall be
deemed to be a lot.
All other provisions of the Extractive Industrial (EM) Zone not specifically altered by
these requirements shall apply within Special Zone Category EM-3.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 150
8.3.3.4
EM-4 Zone
Notwithstanding any other provisions of this By-law, the lands designated as "EM-4" on
Schedule 'A' hereto are not required to comply with the minimum yard and landscape
buffer strip provisions in Table 11 of Section 7.0 of this By-law.
All other provisions of the Extractive Industrial (EM) Zone not specifically altered by
these requirements shall apply within Special Zone Category EM-4.
8.3.3.5
EM-5 Zone
Notwithstanding any other provisions of this By-law, the lands designated as "EM-5" on
Schedule 'A' hereto are not required to comply with the minimum yard and landscape
buffer strip provisions in Table 11 of Section 7.0 of this By-law.
All other provisions of the Extractive Industrial (EM) Zone not specifically altered by
these requirements shall apply within Special Zone Category EM-5.
8.3.3.6
EM-6 Zone
Notwithstanding any other provisions of this By-law, the permitted uses of the lands
designated "EM-6" on Schedule "A" hereto may include a temporary concrete and
asphalt plant. All other provisions of the Extractive Industrial (EM) Zone not specifically
altered by these requirements shall apply within the Special Zone Category EM-6.
8.3.3.7
EM-7 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned EM-7 on
Schedule "A", the following shall apply:
i.
In addition to the uses permitted in the Extractive Industrial (EM) Zone the
following uses shall be permitted:
a) Accessory buildings and structures for storage of products and supplies
related to the uses permitted on the adjacent lands zoned M2-3 and such
buildings and structures shall have a maximum total gross floor area of 25
square metres.
8.3.3.8
EM-8 Zone
Notwithstanding any other provisions of this By-law to the contrary, the lands
designated as EM-8 on Schedule 'A' hereto are not required to comply with the
minimum lot frontage, minimum yard and landscape buffer strip provisions in Table
Twelve of Section 7 of this By-law.
All other provisions of the Extractive Industrial (EM) Zone not specifically altered by
these requirements shall apply within Special Category EM-8.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 151
8.4 Rural and Agricultural Exception Zones
8.4.1
Rural (RU) Zone
8.4.1.1
RU-1 Zone
Notwithstanding any other provisions of this By-law, the minimum required lot area for
the lands designated as "RU-1" on the Maps comprising Schedule "A" hereto is 1.2
hectares, and the minimum required lot frontage is 45 metres. All other provisions of the
Rural (RU) Zone not specifically altered by this requirement shall apply within Special
Zone Category RU-1.
8.4.1.2
RU-2 Zone
Notwithstanding any other provisions of this By-law, in addition to the other permitted
uses in the RU Zone the permitted uses of the lands designated as "RU-2" on Schedule
"A" to this By-law may include a kennel in accordance with the pertaining standards
outlined in Table 12 of Section 7.0 for uses in the Rural Zone.
8.4.1.3
RU-3 Zone
Notwithstanding any other provisions of this By-law, the permitted use of the lands
designated "RU-3" on Schedule "A" to this By-law may include only a spa treatment
facility and accessory uses including a residential use, home occupation and parking
areas in accordance with the pertaining standards outlined in Table 12 of Section 7.0 for
uses in the Rural Zone, with the exception that the lot area and frontage shall be that
existing on December 1, 2002.
8.4.1.4
RU-4 Zone
Notwithstanding any other provisions of this By-law, the permitted use of the lands
designated "RU-4" on Schedule "A" to this By-law may include a maximum of four
billboard type signs in addition to the other permitted uses in the Rural (RU) Zone. All
other provisions of the Rural (RU) Zone not specifically altered by this requirement shall
apply to Special Zone Category RU-4.
8.4.1.5
RU-5 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RU-5' on Schedule 'A':
i.
The existing barn shall be used only for dry storage and not for the keeping of or
housing of livestock;
ii.
The minimum lot area shall be 8 hectares; and
iii.
The minimum lot frontage shall be 60 metres.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 152
8.4.1.6
RU-6 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RU-6' on Schedule 'A':
i.
The existing barn shall be used only for dry storage and not for the keeping of or
housing of livestock;
ii.
The minimum lot area shall be 1.4 hectares; and,
iii.
The minimum lot frontage shall be 60 metres.
8.4.1.7
RU-7 Zone
Notwithstanding any other provisions of this By-law to the contrary, within the Rural
Exception No. 7 (RU-7) Zone the following provisions shall apply:
i.
Minimum lot frontage: 60 metres
8.4.1.8
RU-8 Zone
Notwithstanding any other provisions of this By-law to the contrary, within the Rural
Exception No. 8 (RU-8) Zone the following provisions shall apply:
i.
Minimum setback from southern boundary of RU-8 Zone: 100 metres
8.4.1.9
RU-9 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RU-9' on Schedule 'A':
i.
In addition to the uses permitted in the Rural (RU) Zone, a chiropractic clinic shall
also be permitted;
ii.
The chiropractic clinic shall be permitted in the building existing as of January 1,
2004;
iii.
The minimum lot area shall be 0.7 hectares; and,
iv.
The minimum number of on-site parking spaces shall be 12.
8.4.1.10
RU-10 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RU-10' on Schedule 'A':
i. The minimum lot area shall be 7.5 hectares; and,
ii. The minimum lot frontage shall be 80 metres.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 153
8.4.1.11
RU-11 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RU-11' on Schedule 'A':
i.
In addition to the use permitted in the Rural (RU) Zone, a motor vehicle repair
shop and sales establishment shall be permitted;
ii.
The minimum lot area shall be 3 hectares; and,
iii.
The minimum lot frontage shall be 75 metres.
8.4.1.12
RU-12 Zone
Notwithstanding the uses and provisions of the Rural (RU) Zone to the contrary, for
lands designated 'RU-12' on Schedule 'A' the following provisions shall apply:
i.
The keeping of livestock shall be prohibited.
ii.
Minimum lot area: 1.2 hectares
iii.
Minimum lot frontage: 45 metres
8.4.1.13
RU-13 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary and in addition to
the permitted uses of the Rural (RU) Zone, for lands designated 'RU-13' on Schedule
'A' the following provisions shall apply:
i.
Minimum lot area: 2.4 hectares
ii.
Minimum lot frontage: 45 metres
iii.
A kennel shall be permitted, subject to all applicable municipal regulations.
8.4.1.14
RU-14 Zone
In addition to the permitted uses of the Rural (RU) Zone, for lands designated 'RU-14'
on Schedule 'A' the following provisions shall apply:
i.
A kennel shall be permitted, subject to all applicable municipal regulations.
8.4.1.15
RU-15 Zone
Notwithstanding the minimum lot area requirement of the Rural (RU) Zone to the
contrary, for lands designated 'RU-15' on Schedule 'A' the minimum lot area
requirement shall be 5 hectares.
8.4.1.16
RU-16 Zone (By-law 313-2005)
Notwithstanding the minimum lot area requirement of the Rural (RU) Zone to the
contrary, within the Rural Exception No. 16 (RU-16) as shown on Schedule 'A' the
minimum lot area shall be 9 hectares.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 154
RU-16 Zone (By-law 383-2006)
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-16' on Schedule 'A' the following provisions shall apply:
i.
Minimum western side yard: 225 metres (738 feet)
8.4.1.17
RU-17 Zone
Notwithstanding the minimum lot frontage and minimum lot area requirements of the
Rural (RU) Zone to the contrary, within the Rural Exception No. 17 (RU-17) as shown
on Schedule 'A' the following shall apply:
i.
Minimum lot frontage: 45 metres
ii.
Minimum lot area: 7 hectares
8.4.1.18
RU-18 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RU-18' on Schedule 'A':
i.
No new uses or building or structures shall be permitted prior to the removal
of the Holding Symbol (-H) from the zoning; and
ii.
Removal of the Holding Symbol (-H) shall only be considered upon receipt of
confirmation that the site has been assessed and decommissioned in
accordance with the Ontario Liquid Fuels Handling Code to the satisfaction of
the Ministry of the Environment, in accordance with the Ontario
Environmental Protection Act and / or the Ontario Water Resources Act and
to the satisfaction of the Municipality.
8.4.1.19
RU-19 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-19' on Schedule 'A' the following provisions shall apply:
i.
Minimum western side yard: 225 metres (738 feet)
8.4.1.20
RU-20 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RU-20' on Schedule 'A':
i.
The only permitted uses shall be a retirement home, including uses, buildings
and structures accessory thereto.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 155
8.4.1.21
RU-21 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-21' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 1.8 hectares
ii.
Minimum lot frontage: 80 metres
iii.
Minimum rear yard for a barn: 7 metres
8.4.1.22
RU- 22 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for the lands
designated 'RU-22' on Schedule 'A' the following provisions shall apply:
i.
A dog kennel is a permitted use.
ii.
A kennel shall be setback a minimum of 55 meters from the front lot line.
iii.
The maximum number of dogs, including adults and puppies, in a kennel shall
be 24.
iv.
A commercial boarding kennel shall not be permitted.
8.4.1.23
RU-23 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for the lands
designated 'RU-23' on Schedule 'A' the following provisions shall apply:
i.
Lands zoned Environmental Protection (EP) on the same lot may be included
in the calculation of the minimum lot area.
8.4.1.24
RU- 24 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-24' on Schedule 'A' the following provisions shall apply:
i.
The maximum number of livestock that may be permitted shall be the
equivalent of ten (10) animal units.
8.4.1.25
RU- 25 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-25' on Schedule 'A' the following provisions shall apply:
i.
The maximum number of livestock that may be permitted shall be the
equivalent of ten (10) animal units.
ii.
The minimum side yard setback from the eastern property line where it abuts
the adjacent municipal property on which the Brighton Municipal Water
Supply Wells and treatment / storage facility is situated shall be 100 meters.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 156
8.4.1.26
RU- 26 Zone
Notwithstanding the provisions of the rural (RU) Zone to the contrary, for lands
designated 'RU-26' on Schedule 'A' the following provisions shall apply:
i.
Lands zoned Environmental Protection (EP) on the same lot may be included
in the calculation of the minimum lot area.
8.4.1.27
RU-27 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-27' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 3.6 hectares
8.4.1.28
RU-28 Zone (By-law 497-2008)
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-28' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 3.5 hectares
ii.
The minimum setback for residential uses from southeast corner of the lot
shall be 200 metres.
RU-28 Zone (By-law 482-2007)
Notwithstanding the provisions of the Rural Exception No.1 (RU) Zone to the contrary,
for lands designated 'RU-28' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 120 metres
ii.
Minimum lot area: 2.3 hectares
iii.
Minimum front yard setback: 120 metres
8.4.1.29
RU-29 Zone
Notwithstanding the provisions of the Rural Exception No. 1 (RU) Zone to the contrary,
for lands designated 'RU-29' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 60 metres
ii.
Minimum lot area: 1.2 hectares
iii.
Minimum front yard setback: 120 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 157
8.4.1.30
RU-30 Zone
Notwithstanding the provisions of the Rural Exception No. 1 (RU) Zone to the contrary,
for lands designated 'RU-30' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 150 metres
ii.
Minimum lot area: 3 hectares
iii.
Minimum front yard setback: 120 metres
iv.
Lands zoned Environmental Protection (EP) on the same lot may be included
in the calculation of the minimum lot frontage and minimum lot area.
8.4.1.31
RU-31 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-31' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 45.0 metres
ii.
Minimum lot area: 7.5 hectares
8.4.1.32
RU-32 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-32' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 4.25 hectares
8.4.1.33
RU-33 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-33' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 65 metres
8.4.1.34
RU-34 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-34' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 63 metres
8.4.1.35
RU-35 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-35' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 8.0 hectares
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 158
8.4.1.36
RU-36 Zone
Part of Lot 25, Concession A (added by By-law 064-2010, amended by By-law 011-
2014).
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-36' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 6.5 hectares
8.4.1.37
RU-37 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-37' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 2.2 hectares
ii.
The maximum number of livestock that may be permitted shall be the
equivalent of five (5) animal units.
8.4.1.38
RU-38 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-38' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot area: 3 hectares
ii.
Lands zoned Environmental Protection (EP) on the same lot may be included
in the calculation of the minimum lot area.
8.4.1.39
RU-39 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-39' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 70 metres
ii.
Minimum lot area: 1.3 hectares
iii.
Maximum number of livestock that may be permitted shall be the equivalent
of three (3) animal units.
8.4.1.40
RU-40 Zone
Civic address of 154 Simpson Street.
8.4.1.41
RU-41 Zone
Notwithstanding the provisions of the Rural (RU) Zone to the contrary, for lands
designated 'RU-41' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 60 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 159
8.4.1.42
RU-42 Zone: Reserved
8.4.1.43
RU-43 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated 'RU-
43' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage - 0 metres provided the lot abuts and access is
available from Brooks Crescent.
8.4.1.44
RU-44 Zone
Telephone Road - Schmoll under appeal to OMB
Notwithstanding any provisions of this By-law to the contrary, for lands designated 'RU-
44' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage: 45 metres
8.4.1.45
RU-45 Zone (By-law 066-2015)
Notwithstanding any other provision as set out in Section 7.8 of By-law No. 140-2002 as
they apply to the Rural (RU) Zone; the following shall apply to any Rural Exception No.
45 (RU-45) Zone:
i.
Minimum lot frontage: 72 metres
ii.
Minimum lot area: 9 hectares
RU-45 Zone (By-law 092-2012)
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'RU-45'
on Schedule 'A', the following shall apply:
i.
Residential uses shall not be permitted.
8.4.1.46
RU-46 Zone (By-law 049-2013)
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'RU-46'
on Schedule 'A', the following shall apply:
i.
Residential uses shall not be permitted
ii.
Buildings and structures shall not be permitted
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 160
RU- 46 Zone (By-law 076-2015)
Notwithstanding any other provision of this By-law to the contrary as they apply to the
Rural (RU) Zone; the following shall apply to any Rural Exception No. 46 (RU-46) Zone:
i.
Minimum lot frontage: 1100.0 metres
ii.
Minimum lot area: 22.0 hectares
That notwithstanding any other provision of this By-law, as amended, where any portion
of a lot is zoned Environmental Protection (EP), then such part may be included in any
minimum lot area and lot frontage determination.
8.4.1.47
RU-47 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'RU-47'
on Schedule 'A' the following shall apply:
i.
Residential uses shall not be permitted
ii.
Minimum lot frontage: 75 metres
8.4.1.48
RU-48 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned 'RU-48'
on Schedule 'A', the following shall apply:
i.
Minimum lot frontage: 250 metres
ii.
Minimum lot area: 6.4 hectares
iii.
Lands zoned Environmental Protection (EP) on the same lot may be included in
the calculation of the minimum lot frontage and minimum lot area.
8.4.1.49
RU-49 Zone: Reserved
8.4.1.50
RU-50 Zone: Reserved
8.4.1.51
RU-51 Zone
Notwithstanding any other provision as set out in Section 6.5 and 7.8 of By-law No. 140-
2002 as amended, as they apply to the Rural (RU) Zone; the following shall apply to any
Rural Exception No. 51 (RU-51) Zone;
Permitted Uses
i.
Uses permitted on lands zoned Rural Exception No. 51 (RU-51)
Zone shall be restricted to:
a. Agricultural uses save and except for any buildings and / or structures.
b. A communications tower existing as of the date of the passing of this By-law
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 161
ii.
Standards
a. Minimum lot area: 3.5 ha
b. The provisions of Section 4.21 shall not apply.
8.4.1.52
RU-52 Zone
Notwithstanding any other provision as set out in Sections 4.24.1 and 7.8 of By-law No.
140-2002, as amended, as they apply to the Rural (RU) Zone; the following shall apply
to any Rural Exception No. 52 (RU-52) Zone:
i.
Minimum lot area: 4.5 hectares
ii.
Minimum lot frontage: 70 metres
iii.
Minimum side lot line 4.2 metres for any principle building existing as of the date
of this By-law.
iv.
Minimum side lot line 0.0 metres for any accessory building or structure existing
as of the date of the passing of this By-law.
8.4.1.53
RU-53
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned 'RU-53' on Schedule 'A':
i.
The minimum front yard setback shall be: 2.7 metres
8.4.2
Agricultural (A) Zone
8.4.2.1
A-1 Zone
Notwithstanding any other provisions of this By-law, the minimum required lot area for
the lands designated as "A-1" on the Maps comprising Schedule "A" hereto is 10
hectares, and the minimum required lot frontage is 90 metres. All other provisions of the
Agricultural (A) Zone not specifically altered by this requirement shall apply within
Special Zone Category A-1.
8.4.2.2
A-2 Zone
Notwithstanding any other provisions of this By-law, the minimum required lot area for
the lands designated as "A-2" on the Maps comprising Schedule "A" hereto is 1.2
hectares, and the minimum required lot frontage is 45 metres. All other provisions of the
Agricultural (A) Zone not specifically altered by this requirement shall apply within
Special Zone Category A-2.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 162
8.4.2.3
A-3 Zone
Notwithstanding any other provisions of this By-law, one billboard type sign with the
maximum dimensions of 2.4 metres by 3.7 metres may be permitted in an "A-3" Zone
on Schedule "A" provided that the billboard is located 100 metres from any property line.
8.4.2.4
A-4 Zone
Notwithstanding any other provisions of this By-law, the following standards shall apply
to the lands in the "A-4" Zone on Schedule "A" instead of the requirements for lot
frontage in Table Twelve of Section 7.0 and as an additional setback:
i.
Minimum lot frontage 67 metres.
ii.
The keeping of livestock in a confined area such as a feedlot, barn yard or
paddock will not be permitted within 91 metres of the south lot line.
8.4.2.5
A-5 Zone
Notwithstanding any other provisions of this By-law, the total number of livestock units
permitted in the "A-5" Zone on Schedule "A" shall be eight calculated according to
Appendix A of this By-law. In addition, the minimum lot size shall be 1.2 hectares and
the minimum lot frontage 45 metres. All other provisions of the Agricultural Zone not
specifically altered by this requirement shall apply within Special Zone category A-5.
8.4.2.6
A-6 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned A-6 on Schedule "A":
i.
Minimum lot frontage: 35 metres
ii.
Minimum lot area: 18 hectares
8.4.2.7
A-7 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned "A-7" on Schedule "A":
i.
Minimum lot area: 29 hectares
8.4.2.8
A-8 Zone (By-law 229-2004)
Notwithstanding any other provisions of this By-law to the contrary, within the
Agricultural Exception No. 8 (A-8) Zone, on Schedule "A" the following provisions shall
apply:
i.
Minimum lot area: 10 hectares
ii.
Minimum lot frontage: 90 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 163
iii.
The minimum exterior side yard setback for an accessory building located in the
front yard shall be 1.2 metres, provided the ground floor area of such accessory
building is no greater than 82 square metres.
A-8 Zone (By-law 305-2005)
Notwithstanding any provisions of the Agricultural (A) Zone to the contrary, within the
Agricultural Exception No. 8 (A-8) Zone the following shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot frontage: 90 metres
iii.
Minimum lot area: 30.0 hectares
8.4.2.9
A-9 Zone
Notwithstanding any provisions of the Agricultural (A) Zone to the contrary, within the
Agricultural Exception No. 9 (A-9) Zone the following shall apply:
i.
Minimum lot area: 6.4 hectares.
ii.
Lands zoned Environmental Protection (EP) on the same lot may be included in
the calculation of the minimum lot frontage and minimum lot area.
8.4.2.10
A-10 Zone
Notwithstanding the provisions of the Agricultural (A) Zone to the contrary, for lands
designated "A-10" on Schedule "A" the following provisions shall apply:
i.
Minimum lot frontage: 95 metres (amended by By-law 057-2012)
ii.
Minimum lot area: 7.5 hectares (amended by By-law 057-2012)
iii.
Lands zoned Environmental Protection (EP) on the same lot may be included in
the calculation of the minimum lot frontage and minimum lot area.
8.4.2.11
A-11 Zone
Notwithstanding the provisions of the Agricultural (A) Zone to the contrary, for lands
designated "A-11" on Schedule "A" the following provisions shall apply:
i.
Minimum lot frontage: 155 metres
8.4.2.12
A-12 Zone (By-law 360-2006)
Notwithstanding any other provisions of this By-law to the contrary, within the
Agricultural Exception No. 12 (A-12) Zone the following provisions shall apply:
i.
Minimum lot area: 20 hectares (49.5 acres)
A-12 Zone (By-law 339-2005)
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned "A-12" on Schedule "A":
i.
Minimum lot area: 4.7 hectares
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 164
8.4.2.13
A-13 Zone
Notwithstanding any other provisions of this By-law to the contrary, within the
Agricultural Exception No. 13 (A-13) Zone the following provisions shall apply:
i.
Minimum lot area: 26 hectares (64 acres)
ii.
Lands zoned Future Development (FD) on the same lot, may be included in the
calculation of minimum lot area.
8.4.2.14
A-14 Zone
Notwithstanding any provisions of the Agricultural (A) Zone to the contrary, within the
Agricultural Exception No. 14 (A-14) Zone the following shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 7 hectares
8.4.2.15
A-15 Zone
Notwithstanding any provisions of the Agricultural (A) Zone to the contrary, within the
Agricultural Exception No. 15 (A-15) Zone the following shall apply:
i.
Minimum lot frontage: 200 metres
ii.
Minimum lot area: 4 hectares
8.4.2.16
A-16 Zone
Notwithstanding any provisions of the Agricultural (A) Zone to the contrary, within the
Agricultural Exception No. 16 (A-16) Zone the following shall apply:
i.
Residential uses shall not be permitted.
8.4.2.17
A-17 Zone
Notwithstanding any provisions of the Agricultural (A) Zone to the contrary, within the
Agricultural Exception No. 17 (A-17) Zone the following shall apply:
ii.
Residential uses shall not be permitted.
8.4.2.18
A-18 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
18" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 16 hectares
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 165
8.4.2.19
A-19 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
19" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 10 hectares
8.4.2.20
A-20 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
20" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted
ii.
Minimum lot area: 15 hectares
8.4.2.21
A-21 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
21" on Schedule "A" the following provisions shall apply:
i.
Minimum lot area: 1 hectare
ii.
Maximum number of livestock that may be permitted shall be the equivalent of
five (5) animal units.
8.4.2.22
A-22 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
22" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 34 hectares
8.4.2.23
A-23 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
23" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 26 hectares
8.4.2.24
A-24 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
24" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 20 hectares
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 166
8.4.2.25
A-25 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
25" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 5 hectares
8.4.2.26
A-26 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
26" on Schedule "A" the following provisions shall apply:
i.
Separation distance from barns located to the west 95 metres.
ii.
Minimum lot area: 12 hectares
8.4.2.27
A-27 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
27" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 12 hectares
iii.
Minimum lot frontage: 175 metres
8.4.2.28
A-28 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
28" on Schedule "A" the following provisions shall apply:
i.
Existing barns and out buildings shall be used only for dry storage and not for the
keeping of or housing of livestock.
ii.
Minimum lot area: 2.8 hectares
iii.
Minimum lot frontage: 180 metres
8.4.2.29
A-29 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
27" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 16 hectares
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 167
8.4.2.30
A-30 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
30" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 8 hectares
iii.
Existing barns and out buildings shall be used only for dry storage and not for the
keeping of or housing of livestock.
8.4.2.31
A-31 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
31" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 19 hectares
8.4.2.32
A-32 Zone
Notwithstanding any provisions of this By-law to the contrary, for lands designated "A-
32" on Schedule "A" the following provisions shall apply:
i.
Residential uses shall not be permitted.
ii.
Minimum lot area: 39 hectares
8.4.2.33
A-33 Zone
Notwithstanding any other provision of this By-law to the contrary, on lands zoned 'A-33
Zone' on Schedule 'A' the following provisions shall apply:
i.
Residential uses and accessory uses thereto shall not be permitted.
ii.
Minimum lot area: 35 hectares
8.4.2.34
A-34 Zone
Notwithstanding any other provision of this By-law to the contrary, on lands zoned 'A-34
Zone' on Schedule 'A' the following provisions shall apply:
i.
Minimum lot frontage (Broken) shall be 280 metres
ii.
Residential uses and accessory uses thereto shall not be permitted.
iii.
All other provisions of the 'Agricultural (A) Zone' not specifically altered by these
provisions shall apply.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 168
8.5 Open Space, Community Facility and Environmental
Zones
8.5.1
Open Space (OS) Zone
8.5.1.1
OS-1 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned "OS-1" on Schedule "A":
i.
The only permitted use shall be a cemetery use.
ii.
Buildings and structures for the permitted use shall be permitted.
iii.
Buildings and structures accessory to the permitted use shall also be permitted.
8.5.2
Community Facility (CF) Zone
8.5.2.1
CF-1 Zone
Notwithstanding any other provisions of this By-law, the minimum required interior side
yard for the lands designated as "CF-1" on Schedule "A" hereto is 2.2 metres. All other
provisions of the Community Facility (CF) Zone not specifically altered by this
requirement shall apply within Special Zone Category CF-1.
8.5.2.2
CF-2 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as "CF-2" on Schedule "A" hereto:
i.
Additional permitted use: A cemetery
ii.
Minimum lot area: 0.4 hectares
iii.
Minimum lot frontage: 30 metres
iv.
Minimum required front yard: 14 metres
v.
Minimum required exterior side yard: 14 metres
vi.
Minimum interior side yard: 7.5 metres
vii.
Maximum height of a building or structure: 11 metres
All other provisions of the Community Facility (CF) Zone not specifically altered by these
requirements shall apply within Special Zone Category CF-2.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 169
8.5.2.3
CF-3 Zone
Notwithstanding any other provisions of this By-law, the permitted uses of the lands
designated "CF-3" on Schedule "A" hereto may include a public waste disposal site
provided that all waste disposal areas shall be set back a minimum of 15 metres from
any zone or property boundary.
8.5.2.4
CF-4 Zone
Notwithstanding any other provisions of this By-law, the following provisions apply to the
lands designated as 'CF-4' on Schedule 'A' hereto:
i.
Permitted Uses
The following permitted uses only:
a. A penal institution use; and,
ii.
Accessory uses thereto. Permitted Buildings and Structures
a. Buildings and structures for the permitted uses; and
b. Accessory buildings and structures.
All other provisions of the Community Facility (CF) Zone not specifically altered by these
requirements shall apply within Special Zone Category CF-4.
8.5.2.5
CF-5 Zone
Notwithstanding any other provisions of this By-law, in addition to the other permitted
uses the permitted use of the lands designated "CF-5" on Schedule "A" may include a
transmission tower and the standards in Table 13 of Section 7 shall not be applicable to
the tower use.
8.5.2.6
CF-6 Zone
Notwithstanding any provisions of this By-law to the contrary, on lands zoned "CF-6" on
Schedule "A", a historic cemetery is recognized as a permitted use. This property may
be used for passive open space uses in keeping with the nature of the property as a
Cemetery.
8.5.2.7
CF-7 Zone
Notwithstanding the provisions of the Community Facility (CF) Zone to the contrary, for
lands designated "CF-7" on Schedule "A" the following provisions shall apply:
i.
The only permitted uses shall be a place of worship and uses accessory thereto.
ii.
Minimum lot area: 1.35 hectares
iii.
Minimum lot frontage: 105 metres
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 170
8.5.2.8
CF-8 Zone
Notwithstanding the provisions of the Community Facility (CF) Zone to the contrary, for
lands designated "CF-8" on Schedule "A" the following provisions shall apply"
i.
The only permitted uses shall be a place of worship and uses accessory thereto.
ii.
Minimum lot area: 1.2 hectares
iii.
Minimum lot frontage (measured along Lisgar Street): 135 metres
8.5.3
Environmental Protection (EP) Zone
8.5.3.1
EP-1 Zone
On the lands designated as "EP-1" on the Maps comprising Schedule "A" hereto, the
only permitted uses are:
i.
Conservation area, including nature study and wildlife areas.
ii.
A public or private park.
All provisions of the Environmental Protection (EP) Zone which are not specifically
altered by these provisions shall apply within Special Zone Category EP-1.
8.5.3.2
EP-2 Zone
On the lands designated as "EP-2" on the Maps comprising Schedule "A" hereto, the
only permitted uses, buildings and structures are those existing as of the date of
passing of this By-law.
All provisions of the Environmental Protection (EP) Zone which are not specifically
altered by this provision shall apply within Special Zone Category EP-2.
8.5.3.3
EP-3 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned "EP-3" on Schedule "A":
i.
The only permitted use shall be two (2) existing cabin sites for seasonal use. For
the purposes of the EP-3 Zone "seasonal" shall be defined as occupancy and
use from May 1 to November 1 in a calendar year.
ii.
The only permitted buildings and structures shall be two existing private cabins
and buildings and structures accessory and incidental thereto as existing on May
17, 2004.
iii.
The ground floor area of the existing private cabins shall not be increased.
iv.
Maximum height of a cabin: one (1) story.
v.
Each cabin shall be serviced with an individual well.
vi.
Each cabin shall be serviced with an individual sewage system as approved by
the appropriate regulatory authority.
Zoning By-Law #140-2002
Municipality of Brighton
Section 8 - Special Zone Categories
January 2020
Page 171
8.5.3.4
EP-4 Zone
Notwithstanding any provisions of this By-law to the contrary, the following provisions
shall apply to lands zoned "EP-4" on Schedule "A":
i.
The only permitted use shall be three (3) existing cabin sites for seasonal use.
For the purposes of the EP-4 Zone "seasonal" shall be defined as occupancy and
use from May 1 to November 1 in a calendar year.
ii.
The only permitted buildings and structures shall be three existing private cabins
and buildings and structures accessory and incidental thereto as existing on May
17, 2004.
iii.
The ground floor area of the existing private cabins shall not be increased.
iv.
Maximum height of a cabin: one (1) story.
v.
Each cabin shall be serviced with an individual well.
vi.
Each cabin shall be serviced with an individual sewage system as approved by
the appropriate regulatory authority.
8.5.3.5
EP-5 Zone
Notwithstanding any provisions of Section 6.6 of this By-law, the following provisions
apply to lands zoned as 'EP-5' on Schedule 'A' attached hereto:
i.
Permitted Uses
Uses shall be limited to conservation uses and nature study.
8.5.3.6
EP-6 Zone
On lands zoned 'Environmental Protection Exception No. Six (EP-6) Zone' the only
permitted uses, buildings and structures are those existing as of the date of the passing
of this By-law and a driveway as required for access.
Zoning By-Law #140-2002
Municipality of Brighton
Section 9 - Enactment
January 2020
Page 172
9.0 Enactment
This By-law read a first, second and third and finally passed this 16th day of December,
2002 and given By-law No. 140-2002.
Originally Signed by Lou Rinaldi
Mayor
Originally Signed by Donald O'Neill
Clerk
Zoning By-Law #140-2002
Municipality of Brighton
Land Use Schedules
January 2020
Page 173
Land Use Schedules
Zoning By-Law #140-2002
Municipality of Brighton
Appendices
January 2020
Appendices
The text and drawings and diagrams on the following pages are provided to assist the
reader in the interpretation and application of a number of definitions and defined terms
in this By-law.
These appendices are for information and illustration only, and do not form part of the
statutory provisions of this By-law.
Appendix A Minimum Distance Separation Criteria (MDS I)
Appendix B Minimum Distance Separation Criteria (MDS II)
Appendix C Lot line descriptions
Appendix D Illustration of dwelling types
Appendix E How to calculate the height of buildings and structures
Appendix F How to determine the location of a building line
Appendix G Yard and lot line definitions on a corner lot with parallel lot lines
Appendix H Yard and lot line definitions on a corner lot with curved lot lines
Appendix I
Yard and lot line definitions on an irregular lot with no parallel lot lines
Appendix J Yard and lot line definitions on an irregular lot with no rear lot line
Appendix K Yard and lot line definitions on an interior lot abutting a lane
Appendix A.
Minimum Distance Separation Criteria (MDS 1)
Implementation Guideline #9 -- MDS 1 setbacks and lot creation for a residence
surplus to a farming operation.
An MDS 1 setback is required from the red livestock barn (B2) for the proposed surplus
dwelling severance, but not from either of the two grey livestock barns (B1), unless local
provisions state otherwise. This is because those two (2) grey livestock barns (B1) are
already on separate lots from the subject dwelling proposed to be severed and therefore
a potential odour conflict already exists. The creation of the surplus dwelling lot only
results in a new potential odour conflict with the red livestock barn (B2) as it is on the
same lot as the subject dwelling PRIOR to the consent being approved and will be on a
separate lot after the consent is approved. In accordance with Implementation
Guideline #14, there is no MDS 1 setback required from the green livestock barn (B3),
as it will remain on the same Lot as the subject dwelling proposed to be severed.
Appendix B.
Minimum Distance Separation Criteria (MDS 2)
Figure 8. Implementation Guideline #40 -- measurement of MDS 2 setbacks for
development and dwellings.
This figure shows MDS 2 setbacks for a first livestock facility near an Existing Non-
Agricultural Use (i.e., institutional zone) and dwelling.
NOTE: The MDS 2 setbacks are measured from the shortest distance between the
points of new construction for the livestock occupied portion of the livestock barn and
manure storage, and the Existing non-Agricultural Use and dwelling.
Appendix C.
Lot Line Descriptions
Note: This appendix is to be used for illustration purposes only and does not form part
of the By-law
Appendix D.
Illustration of Dwelling Types - Note: This appendix is to be used for illustration
purposes only and does not form part of the By-law.
Single Dwelling
Semi- Detached
Duplex dwellings
Triplex dwellings
Fourplex dwellings
Fourplex dwellings
Rowhouse dwellings
Apartment dwellings
Note: This appendix is to be used for illustration purposes only and does not form part
of the By-law.
Appendix E.
How to Calculate the Height of Buildings and Structures
Note: This appendix is to be used for illustration purposes only and does not form part
of the By-law.
Appendix F.
How to Determine the Location of a Building Line
This appendix is intended to provide an explanation of how the location of a building
Line is determined in cases where this By-law regulates the location of the walls of a
building that face the front lot line or the exterior side lot line in relation to a building line.
The location of the front and / or exterior side wall is regulated in some Zones by special
provisions contained on tables in Section 4.26 of this By-law that reads as follows:
Front Wall
(special provision applies to required front yard standard)
At least ______ % of the front wall of the main building shall be located within
______metre(s) of, or on, the building line. In no case shall the front wall be located in
the required front yard.
Exterior Side Wall
(special provision applies to required exterior side yard standard)
At least ______ % of the exterior side wall of the main building on a lot shall be located
within _______ metre(s) of, or on, the building line. In no case shall the exterior side
wall be located in the required exterior side yard.
Note: The underlined areas above are Filled with percentages and numbers that
are specific to the Zone the special provision may apply to.
Section 4.26 of this By-law describes how the location of a building line is determined.
NOTE: This appendix is to be used for illustration purposes only and does not form part
of the By-law.
Appendix G.
Yard and Lot Line Definitions on a Corner Lot with Parallel Lot Lines
Distance a to b represents the shortest distance measured between the lot line and the
nearest part of the main building. Distance a to b must be a minimum of the required
Yard specified in the by-law.
Note: This appendix is to be used for illustration purposes only and does not form part
of the By-law.
Appendix H.
Yard and Lot Line Definitions on a Corner Lot with Curved Lot Lines
Distance a to b represents the shortest distance measured between the lot line and the
nearest part of the main building. Distance a to b must be a minimum of the required
yard specified in the By-law.
Note: This appendix is to be used for illustration purposes only and does not form part
of the By-law.
Appendix I.
Yard and Lot Line Definitions on an Irregular Lot with No Parallel Lot Lines
1. Mid-point of front lot line
2. Mid-point of rear lot line.
Lot frontage measured at right angles to the line joining points 1 and 2 at a distance of 8
metres from the mid-point of the front lot line.
Distance a to b represents the shortest distance measured between the lot line and the
nearest part of the main building. Distance a to b must be a minimum of the required
yard specified in the By-law.
Note: This appendix is to be used for illustration purposes only and does not form part
of the By-law.
Appendix J.
Yard and Lot Line Definitions on an Irregular Lot with No Rear Lot Line
1. Mid-point of front lot line
2. Mid-point of rear lot line.
Lot frontage measured at right angles to the line joining points 1 and 2 at a distance of 8
metres from the mid- point of the front lot line.
Distance a to b represents the shortest distance measured between the lot line and the
nearest part of the main building. Distance a to b must be a minimum of the required
Yard specified in the By-law.
Note: This appendix is to be used for illustration purposes only and does not form part
of the By-law.
Appendix K.
Yard and Lot Line Definitions on an Interior Lot Abutting a Lane
Distance a to b represents the shortest distance measured between the lot line and the
nearest part of the main building. Distance a to b must be a minimum of the required
yard specified in the By-law.
Note: This appendix is to be used for illustration purposes only and does not form part
of the By-law.