Zoning By-law No. 140-2002 (full office consolidation)

Brighton, Ontario · No. 140-2002 · adopted 2002-12-16 · summary & facts

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.