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11:
DEFINITIONS
156
11.
For the purpose of this By-law, the definitions and interpretations given in this section shall
govern.
11.1
ABATTOIR
By-law
No. 3396-2026
Shall mean a building or structure specifically designed to accommodate the
penning and slaughtering of live animals, including the processing, packaging, and
wholesale or retail sale of meat.
11.2
ACCESSORY BUILDING OR STRUCTURE
Shall mean a detached building or structure, the use of which is customarily
incidental and subordinate to a principal use, building or structure and located on
the same lot therewith.
11.3
ACCESSORY USE
Shall mean a use customarily incidental and subordinate to, and exclusively
devoted to the main use of the lot, building or structure and located on the same
lot as such main use.
11.4
ADVERSE EFFECT
By-law No.
3014 - 2021
as defined in the Environmental Protection Act, shall mean one or more of:
a) impairment of the quality of the natural environment for any use that can be
made of it;
b) injury or damage to property or plant or animal life;
c) harm or material discomfort to any person;
d) an adverse effect on the health of any person;
e) impairment of the safety of any person;
f) rendering any property or plant or animal life unfit for human use;
g) loss of enjoyment of normal use of property; and
h) interference with normal conduct of business.
11.5
AGRICULTURAL EVENT VENUE
By-law
No. 3396-2026
Shall mean an on-farm diversified use that includes permanent or temporary
buildings and/or structures (including tents), or part thereof, used to host
reoccurring indoor events, and without limiting the generality of the foregoing, may
include buildings or structures used for weddings, parties, day camps or other
similar social gatherings.
11.6
AGRICULTURAL USE
By-law
No. 3396-2026
Shall mean 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. This definition shall not include an abattoir; intensive agricultural
uses, a cannabis production and processing facility or a medical cannabis
production site.
11.7
AGRICULTURAL USE, INTENSIVE
By-law
No. 439-80-PL
1212-93-PL
3396-2026
Shall mean an agricultural use, farm or portion thereof where the predominant use
is for buildings for the intensive raising or keeping of chickens, turkeys, other fowl,
rabbits, other fur bearing animals or animals for medical purposes, or the intensive
feeding of hogs, sheep, goats, horses or cattle in a confined area, but shall not
include swill fed pigs including game farms which specialize in the raising of wild
and undomesticated animals.
11:
DEFINITIONS
157
11.8
AGRICULTURE-RELATED USE
By-law
No. 3396-2026
Shall mean farm-related commercial and/or farm-related industrial uses that are
directly related to farm operations on the lot or 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.
11.9
AGRI-TOURISM USE
By-law
No. 3396-2026
Shall mean farm-related tourism uses that promote the enjoyment, education or
activities related to the principal farm operation on the lot, including limited
temporary on-farm accommodations.
11.10
AIR TREATMENT CONTROL
By-law
No. 3014-2021
Shall mean a mechanical system designed, approved and implemented in
accordance with a license issued by Health Canada for the purposes of controlling
emissions and mitigating adverse effects. This includes but is not limited to
treatment of particulate matter, odour, and noise emissions discharged as a by-
product of a cannabis production and processing facility or a medical cannabis
production site.
11.11
ALTER
Shall mean, when used in reference to a building or part thereof, to change any
one or more of the internal or external dimensions of such building, or to change
the type of construction of the exterior walls or roof thereof. When used in
reference to a lot, the word "alter" means to decrease the width, depth or area
thereof or to decrease the width, depth or area of any required yard, setback,
landscaped open space or parking area, or to change the location of any
boundary of such lot with respect to a public highway or laneway, whether such
alteration is made by conveyance or alienation of any portion of said lot, or
otherwise. The words "altered" and "alteration" shall have a corresponding
meaning.
11.12
ARENA
By-law
No. 1212-93-PL
Shall mean a building, or part of a building, in which the principal facilities
provided are for such recreational activities as curling, skating, hockey, lacrosse,
broomball, or similar athletic activity, which facilities may include dressing
rooms, concession booths for the provision of food and refreshments to the
general public, bleachers, plant equipment for the making of artificial ice, and
such other facilities as are usually considered incidental and subordinate
thereto.
11.13
ASSEMBLY HALL
Shall mean a building, or part of a building, in which facilities are provided for
such purposes as meetings for civic, educational, political, religious or social
purposes and may include a banquet hall, private club or fraternal organization.
11.14
ATTACHED BUILDING
By-law
No. 1823-2003-PL
Shall mean a building otherwise complete in itself, which depends, for structural
support or complete enclosure, upon a division wall or walls shared in common
with adjacent building or buildings.
11.15
ATTIC
Shall mean the portion of a building situated wholly, or in part, within the roof and
which is not a one-half storey.
11.16
AUDITORIUM
Shall mean a building, or part of a building, in which facilities are provided for
athletic, civic, educational, political, religious or social purposes and shall include
an arena, gymnasium, or other similar facility or use.
11:
DEFINITIONS
158
11.17
BASEMENT
Shall mean that portion of a building between two floor levels which is partly
underground but which has at least one-half of its height, from finished floor to
finished ceiling or to the undersides of the floor joints of the storey next above,
as the case may be, above the adjacent average finished grade level adjacent to
the exterior walls of the building.
11.18
BASEMENT, WALKOUT
Shall mean that portion of a building which is partly underground, but which has
more than fifty (50) per cent of the finished floor area not greater than 0.6 metres
below the adjacent finished grade level adjacent to the exterior walls of the
building, and which has a door, at or above the adjacent finished grade, for
entrance and exit directly to the outside.
11.19
BED AND BREAKFAST ESTABLISHMENT
By-law
No. 1212-93-PL
3396-2026
Shall mean a single detached dwelling or portion thereof that provides overnight
accommodation (including breakfast and other meals, services, facilities and
amenities for the exclusive use of guests) for the travelling public in up to four
guest rooms within a single detached dwelling that is the principal residence of
the proprietor of the establishment, but shall not include a boarding or lodging
house, a motel, hotel, group home, an eating establishment or any other use
otherwise defined or classified herein.
11.20
BIOGAS DIGESTION SYSTEMS
By-law
No. 2209-2009-PL
Shall mean the process by which organic materials in an enclosed vessel are
broken down by micro-organisms in the absence of oxygen.
11.21
BLOCK
Shall mean the smallest unit of land, the boundaries of which consist entirely of
public streets, rivers, railway lines, public parks or any combination thereof.
11.22
BOAT HOUSE, PRIVATE
Shall mean a detached accessory building or structure, or portion of a dwelling
house, which is designed or used for the sheltering of a boat or other form of
water transportation and storage of household equipment incidental to the
residential occupancy.
11.23
BUILDING
Shall mean a structure having a roof, supported by columns or walls or supported
directly on the foundation and used for the shelter or accommodation of persons,
animals or goods.
11.24
BUILDING BY-LAW
By-law
No. 1823-2003-PL
Shall mean any Building By-law or Building Code enacted by the Corporation
under the Building Code Act, S.O. 1992, c. 23, as amended.
11.25
BUILDING SUPPLY DEALER
Shall mean a building or structure in which building and home improvement
materials are offered or kept for sale at retail and may include the fabrication of
certain materials related to home improvements but does not include any
establishment otherwise defined or classified herein.
11.26
BULK STORAGE TANK
Shall mean a tank for the bulk storage of petroleum, gasoline, diesel or other
fuels, oil, gas or flammable liquid of fluid but does not include a container for
flammable liquid of fluid legally and properly kept in a retail store or a tank for
storage merely incidental to some other use of the premises where such tank is
located.
11:
DEFINITIONS
159
11.27
BUSINESS OR PROFESSIONAL OFFICE
Shall mean a building or part of a building in which one or more persons are
employed in the management, direction or conducting of a business or where
professionally qualified persons and their staff serve clients or patients who seek
advice, consultation or treatment.
11.28
BY-LAW ENFORCEMENT OFFICER
Shall mean the officer or employee of the Corporation for the time being charged
with the duty of enforcing the provisions of this By-law of the Corporation.
11.29
CABIN
Shall mean a cabin for sleeping that is not a cottage.
11.30
CABIN ESTABLISHMENT
By-law
No. 3396-2026
Shall mean a tourist establishment comprised of two (2) or more cabins arranged
singly or in pairs and which does not provide cooking facilities.
A cabin establishment is not considered an on-farm accommodation use for the
purposes of this By-law.
11.31
CAMPING ESTABLISHMENT
By-law
No. 3396-2026
Shall mean a tourist establishment consisting of at least five (5) camping lots and
comprising land used or maintained as grounds for camping or temporary parking
of trailers, motorized mobile homes, truck campers, campers or tents, but does
not include parks or camping grounds maintained by:
a.
any department of the Government of Ontario or of Canada; or
b.
any Crown Corporation, Commission or Board.
A camping establishment is not considered an on-farm accommodation use for
the purposes of this By-law.
11.32
CAMPING LOT
Shall mean the part of a camping establishment that is occupied on a temporary
basis only, by a trailer, motorized home, truck camper, camper or tent.
11.33
CANNABIS
By-law
No. 3014-2021
Shall mean a genus of flowering plants in the family Cannabaceae. Synonyms
include but are not limited to marijuana, and marihuana. This definition does not
include the industrial or agricultural production of hemp (a source of foodstuffs
[hemp milk, hemp seed, hemp oil], fiber and biofuels).
11.34
CANNABIS PRODUCTION AND PROCESSING FACILITY
By-law
No. 3014-2021
Shall mean lands, buildings or structures used for growing, producing, processing,
testing, destroying, packaging and/or shipping of cannabis authorized by an
issued license or registration by the Federal Minister of Health, pursuant to the
Cannabis Regulations, SOR/2018-144, to the Cannabis Act, SC 2018, c 16, the
Controlled Drugs and Substances Act, SC 1996, c 19 and the Food and Drugs
Act, RSC 1985, c F-27, as amended from time to time, or any successors thereto
11.35
CARPORT
Shall mean a portion of a dwelling house which is a roofed enclosure designed
for the storage or parking of a motor vehicle with at least 40 per cent of the total
perimeter open and unobstructed. For the purposes of this definition perimeter
includes the main wall of the dwelling house to which such carport is attached.
11:
DEFINITIONS
160
11.36
CELLAR
Shall mean that portion of a building between two floor levels which is partly or
wholly underground and which has more than one-half of its height, from finished
floor to finished ceiling or to the underside of the floor joints of the storey next
above, as the case may be, below the average finished grade level adjacent the
exterior walls of the building.
11.37
CEMETERY
Shall mean land that is set apart or used as a place for the interment of the dead
or in which human bodies have been buried.
11.38
COLD STORAGE LOCKER PLANT
Shall mean a building in which space in individual lockers is rented or otherwise
made available for the storage of frozen food.
11.39
COMMERCIAL SCHOOL
Shall mean a school conducted for hire, gain and/or profit, other than a private
school or public school and includes the study of a dancing teacher or music
teacher, an art school, golf school, physical education school, business school
and/or trade school and/or any other such specialized school conducted for hire,
gain and/or profit.
11.40
COMMUNITY CENTRE
Shall mean any tract of land, or building or buildings or any part of any buildings
used for community activities whether used for commercial purposes or not, the
control of which is vested in the Municipality, a local board or agent thereof.
11.41
CONSERVATION
Conservation shall mean the preservation, protection and improvement of the
components of the natural environment through a comprehensive management
and maintenance program administered by the local Conservation Authority or
other public authority for individual or public use.
11.42
CONSTRUCTION
By-law
No. 1212-93-PL
Shall mean the act of constructing or erecting of buildings or structures on, or the
excavation of land. "Construction" and "Development" for the purpose of this By-
law, shall have the corresponding meaning.
11.43
CONTRACTOR'S YARD
Shall mean a yard of any general contractor or builder where equipment and
materials are stored or where a contractor performs shop or assembly work but
does not include any other yard or establishment otherwise defined or classified
herein.
11.44
CONVENIENCE STORE
Shall mean a retail commercial establishment supplying groceries and other daily
household necessities to the immediate surrounding area.
11.45
CORPORATION
Shall mean the Corporation of the Township of Brock.
11.46
COTTAGE
Shall mean a building to accommodate one (1) or more guests which contains at
least two (2) rooms; which is at least partially furnished; and, which provides
facilities to permit the guest to prepare and cook food.
11:
DEFINITIONS
161
11.47
COTTAGE ESTABLISHMENT
By-law
No. 3396-2026
Shall mean a tourist establishment comprising two (2) or more cottages owned
or leased by the same person.
A cottage establishment is not considered an on-farm accommodation use for
the purposes of this By-law.
11.48
COUNCIL
Shall mean the Municipal Council of the Corporation of the Township of Brock.
11.49
COURT
Shall mean an open and unoccupied space from ground to sky appurtenant to a
building and bounded on two or more sides by the walls of the building.
11.50
CUSTOM WORKSHOP
Shall mean a building, or part of a building, used by a trade, craft or guild for the
manufacture in small quantities of made-to-measure clothes or articles, and
includes upholstering and woodworking.
11.51
CRISIS CARE RESIDENCE
By-law
No. 1823-2003-PL
Shall mean an establishment that provides a means of immediate, temporary
accommodation and assistance for a short-term period, which is generally less
than three months for the majority of the residents.
11.52
DAY CARE CENTRE
By-law
No. 1212-93-PL
Shall mean a place that received for temporary custody for a continuous period,
not exceeding twenty-four hours, more than three (3) children under ten years
of age, not of common parentage, and which is not part of a children's mental
health centre. A day care centre may be located within a building used for a
public school or private school but which is operated independently of the school
itself.
11.53
DENSE NON AQUEOUS PHASE LIQUID (DNAPL)
By-law
No. 2744-2017-PL
Chemicals that are both dense than water and do not dissolve readily in water.
Due to these traits, DNAPLs tend to sink below the water table and stop only
when they reach impenetrable bedrock. DNAPLs of concern may include but are
not limited to: 1,4-Dioxane, Tetrachloroethylene/Perchloroethylene (PCE),
Trichloroethylene (TCE), Vinyl Chloride (VC) and Polycyclic Aromatic
Hydrocarbons (PAHs)
11.54
DENTIST
Shall mean a person licensed for the practice of dentistry under the provisions of
the Health Disciplines Act, R.S.O. 1990, as amended, replaced or re-enacted
from time to time.
11.55
DEVELOPMENT
By-law
No. 1212-93-PL
Shall mean the act of constructing or erecting of buildings or structures on, or
the excavation of land. "Construction and "Development," for the purpose of this
By-law, shall have the corresponding meaning.
11.56
DRUGLESS PRACTIONER
Shall mean a person who practices or advertises or holds himself out in any way
as practising the treatment of any ailment, disease, defect or disability of the
human body by manipulation, adjustment, manual or electrotherapy or by any
similar method.
11:
DEFINITIONS
162
11.57
DRY CLEANERS' DISTRIBUTION STATION
Shall mean a building, or portion of a building, used for the purpose of collection
and distribution only, of articles and/or goods to be subjected to the process of
dry cleaning, dry dyeing, cleaning, spot and/or stain removing and for the
pressing of any articles and/or goods, which have been subjected to any such
process elsewhere at a dry cleaners' establishment.
11.58
DRY CLEANERS' ESTABLISHMENT
Shall mean a building in which the business of dry cleaning, dry dyeing, cleaning,
spotting, stain removal or pressing of articles and/or goods of fabric is carried on,
and in which only non-combustible and non-flammable solvents are, or can be,
used which emit no odours or fumes, in which no noise or vibration causes a
nuisance or inconvenience within or without the premises.
11.59
DWELLING
a.
DWELLING HOUSE
Shall mean a permanently affixed building occupied as, the home,
residence, or living quarters for one or more families, but does not include
a mobile home or trailer.
b.
DWELLING UNIT OR SECONDARY UNIT
By-law
No. 2750-2017-PL
Shall mean a suite of two or more rooms, designed or intended for use by
one family only, in which sanitary conveniences are provided, in which
facilities are provided for cooking or the installation of cooking equipment,
in which a heating system is provided and containing a private entrance
from outside the building or from a common hallway or stairway inside.
c.
DWELLING UNIT, BACHELOR
Shall mean a dwelling unit consisting of one bathroom and not more than
two habitable rooms providing therein living, dining, sleeping and kitchen
accommodation in appropriate individual or combination room or rooms.
d.
PERMANENT DWELLING HOUSE
Shall mean a completely detached dwelling house containing one dwelling
unit and occupied by not more than one (1) family used or intended to be
used continuously as a year-round residence or permanent home.
e.
MANUFACTURED DWELLING HOUSE
By-law
No. 1823-2003-PL
2029-2009-PL
Shall mean any permanent dwelling house that is designed to be
constructed, manufactured or prefabricated in two (2) pieces to provide a
permanent residence, but does not include a travel trailer or tent trailer or
trailer or mobile home otherwise designed.
f.
SEASONAL DWELLING HOUSE
Shall mean a completely detached dwelling house used or intended to be
used essentially for recreation, rest or relaxation from time to time,
throughout any season of the year and occupied by not more than one (1)
family.
g.
SEMI-DETACHED DWELLING HOUSE
Shall mean one of a pair of two attached permanent single-family dwelling
houses with a common masonry wall dividing the pair of single-family
dwelling houses vertically, each of which has an independent entrance
either directly from the outside or through a common vestibule.
11:
DEFINITIONS
163
h.
DUPLEX DWELLING HOUSE
Shall mean the whole of a dwelling house that is divided horizontally into
two separate dwelling units each of which has an independent entrance
either directly from the outside or through a common vestibule.
i.
TRIPLEX DWELLING HOUSE
Shall mean the whole of a dwelling house that is divided horizontally into
three separate dwelling units each of which has an independent entrance
either directly from the outside or through a common vestibule.
j.
FOURPLEX DWELLING HOUSE
Shall mean the whole of a dwelling house that is divided vertically by
common masonry walls into four separate dwelling units each of which has
two common masonry walls, and each dwelling unit has an independent
entrance either from the outside or through a common vestibule.
k.
CONVERTED DWELLING HOUSE
Shall mean a dwelling house, erected prior to the passing of this By-law,
including any additions thereto constructed for permanent use, altered or
converted so as to provide therein not more than two (2) dwelling units.
l.
ROW TOWNHOUSES
Shall mean one of a group of three or more attached dwelling houses
connected above or below grade separated vertically, having independent
entrances at ground level directly from the outside, and having a yard
abutting at least two exterior walls of each dwelling unit and separate
frontage on a public street.
m.
APARTMENT DWELLING HOUSE
Shall mean the whole of a dwelling house that contains four or more
dwelling units which have a common entrance from street level and are
served by a common corridor. An "APARTMENT DWELLING HOUSE"
does not include any other dwelling house otherwise defined herein.
n.
SPLIT LEVEL DWELLING HOUSE
Shall mean a dwelling house in which the first floor above finished grade is
so constructed as to create two or more different levels, the vertical
distance between such levels being always less than the full storey.
o.
BOARDING OR LODGING HOUSE
By-law
No. 1212-93-PL
Shall mean a nursing home, retirement home, any house or other building
or portion thereof, containing not more than four guest rooms used or
maintained for the accommodation of the public, in which the Owner or
head lessee supplies, for hire or gain, lodgings with or without meals for
three or more persons but does not include a hotel, motel, nursing home
for the young or aged, group home, correctional home, crisis residence, or
institution which is licensed, approved or supervised under any other
general or special act, nor does it include an apartment dwelling house as
defined herein.
11:
DEFINITIONS
164
p.
DWELLING UNIT AREA
Shall mean the habitable area contained within the inside walls of a
dwelling unit, excluding any private garage, carport, porch, verandah,
unfinished attic, cellar or sunroom (unless such sunroom is habitable in all
seasons of the year); and excluding public or common halls or areas,
stairways and the thickness of outside walls.
11.60
EATING ESTABLISHMENT
Shall mean a building or part of a building where food is offered for sale or sold
to the public for immediate consumption and includes such uses as a restaurant,
dining room, cafe, cafeteria, ice cream parlour, tea or lunch room, dairy bar,
coffee shop, snack bar or refreshment room or stand; but does not include a
boarding or lodging home.
11.61
EATING ESTALISHMENT - DRIVE-IN
Shall mean an eating establishment where facilities are available to serve meals
to the customer for consumption in the customer's motor vehicle, parked in an
area designed for that purpose.
11.62
EATING EATBLISHMENT - DRIVE-THROUGH
By-law
No. 1823-2003-PL
Shall mean an eating establishment or part thereof in which food is served to the
public by means of an order or window service area that motor vehicles access
from the parking area and approach using designated lanes.
11.63
EAVE
Shall mean a roof overhang, free of enclosing walls, without supporting columns.
11.64
ENLARGEMENT
By-law
No. 1212-93-PL
Shall mean to cause a building or structure to become larger such that the
external dimensions of the building or structure become larger. "Enlargement"
and "Extension," for the purpose of this By-law, shall have the corresponding
meaning.
11.65
EQUIPMENT SALES AND RENTAL - LIGHT
Shall mean a building or part of a building or structure in which light machinery
and equipment such as air compressors and related tools and accessories;
augers; automotive tools; cleaning equipment; light compaction equipment;
concrete and masonry equipment; electric tools and accessories; fastening
devices such as staplers and tackers; floor and carpet tools; gasoline generators;
jacks and hydraulic equipment; lawn and garden tools; ladders; moving
equipment; painting and decorating equipment; pipe tools and accessories;
plumbing tools and accessories; pumps; hoses; scaffolding; welding equipment;
and other similar tools and appurtenances; are offered or kept for rent, lease or
hire under agreement for compensation, but shall not include any other
establishment defined or classified in this By-law.
11.66
EQUIPMENT SALE AND RENTAL - HEAVY
Shall mean a building or part of a building or structure in which heavy machinery
and equipment are offered or kept for rent, lease or hire under agreement for
compensation, but shall not include any other establishment defined or classified
in this By-law.
11:
DEFINITIONS
165
11.67
ERECT
Shall mean building construction, reconstruction and relocation and, without
limiting the generality of the word, also includes:
a.
any preliminary physical operation, such as excavating, filling or drainage;
b.
altering any existing building or structure by an addition, enlargement,
extension, movement or other structural change;
c.
any work for the doing of which a building permit is required under the
Building By-law of the Corporation; and
d.
erect, erected and erection shall have a corresponding meaning.
11.68
ESTABLISHED BUILDING LINE, URBAN
Shall mean the average setback from the street line of existing buildings on one
side of one block where more than one-half of the frontage of the said side of the
block has been built upon.
11.69
ESTABLISHMENT BUILDING LINE, RURAL
Shall mean the average setback from the street line of existing buildings when at
least five buildings have been erected on any one side of a continuous 182.8
metres of land with frontage on an improved public street.
11.70
EXISTING
Shall mean existing, being a reality or an actuality on the date of passing of this
By-law.
11.71
EXTENSION
By-law
No. 1212-93-PL
Shall mean to cause a building or structure to be wider or greater such that the
external dimensions of the building or structure become larger. "Extension" and
"Enlargement," for the purpose of this by-law, shall have the corresponding
meaning.
11.72
FAMILY
By-law
No. 1212-93-PL
Shall mean one or more persons, who need not be related by blood or marriage,
living as a single housekeeping unit, and may include domestic servants and not
more than eight boarders or lodgers.
11.73
FARM
By-law
No. 439-80-PL
1212-93-PL
3014-2021
3396-2026
Shall mean a lot containing an agricultural use that is assessed as farmland,
having a valid Farm Business Registration number or equivalent for the purpose
of agricultural uses, but does not include cannabis production and processing. A
farm may or may not have any associated buildings or structures
11.74
FARM BUILDING
By-law
No. 3396-2026
Shall mean all or part of a building that does not contain a residential
occupancy, that is associated with and located on land devoted to agricultural
uses, and that is used essentially for the housing of equipment or livestock, or the
production, storage or processing of agricultural and horticultural produce or
feeds.
11.75
FARM IMPLEMENT OR SUPPLY DEALER
By-law
No. 439-80-PL
Shall mean a building, structure or area where farm equipment and farm supplies
are kept for sale at retail, but which shall not include any other establishment
otherwise defined or classified herein, but which also includes the repair and
servicing of farm equipment.
11:
DEFINITIONS
166
11.76
FARM OPERATION
By-law
No. 3396-2026
Shall mean an agricultural use(s) that is operated as a distinct business and
recognized by having a valid Farm Business Registration Number or equivalent.
A farm operation may include one or more farms on different lots that are owned
or leased by the farm operation, and those farms may be disconnected
geographically. There may be more than one farm operation on a farm.
11.77
FLOOR AREA, GROSS
Shall mean the total floor area, as defined herein, exclusive however, of:
a.
any part of the building or structure below finished grade which is used for
heating, the storage or parking of motor vehicles, locker storage and
laundry facilities, children's play areas and other accessory uses, or used
as living quarters by the caretaker, watchman or other supervisor of the
building or structure; and,
b.
in the case of a dwelling house, any private garage, carport, porch or
verandah, sunroom (unless such sunroom is habitable at all seasons of the
year).
11.78
FLOOR AREA, GROUND
Shall mean the maximum ground floor area of a building measured by the outside
walls, excluding, in the case of a dwelling house, any private garage, carport,
porch, verandah, sunroom (unless such sunroom is habitable at all seasons of
the year).
11.79
FLOOR AREA, MANUFACTURING
Shall mean that portion of the gross floor area of an establishment which is used
for manufacturing purposes but does not include areas used for storage of
finished products or offices.
11.80
FLOOR AREA, TOTAL
Shall mean the aggregate of the horizontal areas of each floor, whether any such
floor is above or below grade, measured between the exterior faces of the exterior
walls of the building or structure at the level of each floor.
11.81
FORESTRY
By-law
No. 3396-2026
Shall mean the management, development and cultivation of timber resources
to ensure the continuous production of wood or wood products produced on the
same lot, provision of proper environmental conditions for wildlife, protection
against floods and erosion, protection and production of water supplies, and
preservation of the recreation resource, but does not include a sawmill.
11.82
FRATERNAL ORGANIZATION
Shall mean a club, society or association organized and operated exclusively for
social welfare, civic improvement, pleasure or recreation or for any other similar
purposes related to a non-profit organization.
11.83
FUNERAL HOME
Shall mean a building or structure designed for the purpose of furnishing funeral
supplies and services to the public and includes facilities intended for the
preparation of the dead human body for internment or cremation.
11.84
GARAGE, PRIVATE
Shall mean a detached accessory building or portion of a dwelling house which
is designed or used for the sheltering of a private motor vehicle and storage of
household equipment incidental to the residential occupancy and which is fully
enclosed and roofed and excludes a carport or other open shelter.
11:
DEFINITIONS
167
11.85
GARAGE/YARD SALE
By-law
No. 1823-2003-PL
Shall mean a temporary and occasional activity accessory either to a dwelling,
or a building used either by a non-profit or community organization. Items sold
at a garage shall be owned by either the occupants of the dwelling or a non-
profit or community organization.
11.86
GARDEN CENTRE
By-law
No. 3395-2026
Shall mean an establishment engaged in the retail sale of garden and
landscaping supplies including, without limiting the generality of the foregoing,
trees, shrubs, flowers, plants, seeds and bulbs, and the retail sale of garden and
landscaping accessories including but not limited to, fertilizers, weed-killers,
pesticides, soil, aggregates, garden tools and lawn furnishings.
11.87
GARDEN SUITE
By-law
No. 1823-2003-PL
Shall mean a one-unit detached residential structure containing bathroom and
kitchen facilities that designed to be portable and is auxiliary to the existing
single-family dwelling house. A garden suite shall be considered a temporary
use for a maximum of ten years.
11.88
GOLF COURSE
Shall mean a public or private area operated for the purpose of playing golf, and
includes a par 3 golf course but does not include driving ranges, miniature
courses and similar uses.
11.89
GOVERNMENT ADMINISTRATION OFFICES OR BUILDING
By-law
No. 1212-93-PL
Shall mean a building, or part of a building, which is used by the Corporation,
the Region, the Province of Ontario, or any agency, board, or commission
thereof to provide services to the general public.
11.90
GRADE, FINISHED
Shall mean the average elevation of the finished surface of the ground at ground
level of a building or structure.
11.91
GREENHOUSE
By-law
Shall mean a structure that may be predominantly constructed of
No. 3396-2026
transparent or translucent material and is used or intended to be used for
growing plants or crops in regulated climactic conditions. This definition shall
include greenhouse structures that are temporary in nature or are intended to
extend a growing season for plants that are germinated indoors to be
subsequently transplanted outdoors.
Where plants or crops are grown in a greenhouse structure for personal use or
consumption, or where a greenhouse is not related to a permitted farming
operation, the structure may be considered accessory to a permitted residential
use and subject to the requirements applicable thereto.
This definition shall not include a cannabis production and processing facility or
a medical cannabis production site as defined in this By-Law.
11.92
GROCERY STORE
By-law
No. 1212-93-PL
Shall mean a building, or part of a building, wherein food and other household
items are kept for retail sale to the general public and which operates on a self-
serve, cash and carry basis and may include facilities for parcel pick-up.
11:
DEFINITIONS
168
11.93
GROUP HOME
By-law
No. 1823-2002-PL
Shall mean a single housekeeping unit within a permanent single family dwelling
house in which three to eight unrelated residents live as a family under
responsible supervision consistent with the requirements of its residents which
home is licensed or approved under Provincial Statute. For the purpose of this
By-law "residents" shall exclude the staff or receiving family.
11.94
GUEST
Shall mean a person who contracts for accommodation and includes all the
members of the person's party.
11.95
GUEST ROOM
Shall mean a room or suite or rooms used or maintained for the accommodation
of an individual or individuals to whom hospitality is extended for compensation.
11.96
HABITABLE ROOM
Shall mean a room designed for living, sleeping, eating or food preparation,
including a den, library, sewing-room or enclosed sunroom.
11.97
HEIGHT AND HEIGHT OF BUILDING
Shall mean the vertical distance, measured between the finished grade at the
front of the building, and:
a.
in the case of a flat roof, the highest point of the roof surface;
b.
in the case of a mansard roof, the deck roof line; and
c.
in the case of a gable, hip or gambrel roof, the average height between the
eaves and ridge.
Accessory roof constructions, such as chimneys, towers, steeples or television
antennas, shall be disregarded in calculating the height of a building.
11.98
HIGHWAY
Shall mean a highway within the meaning of the Highway Traffic Act, R.S.O.
1990, as amended.
11.99
HOME DAYCARE - PRIVATE
By-law
No. 1823-2003-PL
Shall mean the provision of temporary care and custody to not more than five
children under the age of ten years, for reward or compensation in a dwelling
unit other than that of a parent or guardian of any such child for a continuous
period not exceeding twenty-four hours in accordance with the Day Nurseries
Act as amended from time to time.
11.100
HOME FOR THE AGED
Shall mean a home for the aged within the meaning of the Homes for the Aged
and Rest Homes Act, R.S.O. 1990, as amended.
11.101
HOME INDUSTRY
By-law
No. 2029-2009-PL,
3014-2021
3396-2026
Shall mean a small scale industry which is carried on in accordance with the
provisions of this By-law as an accessory use in a building accessory to the
principal residence use of the lot or an attached garage, provided the proprietor
carrying out the industry resides in a dwelling unit on the lot, but shall not include
a cannabis production and processing facility or a medical cannabis production
site.
11:
DEFINITIONS
169
11.102
HOME OCCUPATION
By-law 3014-2021
Shall mean any occupation which is carried on, in accordance with the
provisions of this By-law relative thereto, as an accessory use and only by
members of one family residing on the premises, but shall not include a cannabis
production and processing facility or a medical cannabis production site"
11.103
HOTEL
Shall mean an establishment that consists of one building or two or more
connected or adjacent buildings and that, throughout all or part of the year, cater
to the needs of the travelling public by furnishing sleeping accommodation, may
or may not supply food, and includes permanent staff accommodation and may
or may not be licensed under the Liquor Licence Act, R.S.O. 1990, as amended,
but does not include any other establishment otherwise defined or classified in
this By-law.
11.104
INTAKE PROTECTION ZONE (IPZ)
Shall mean areas of land and water immediately surrounding a surface water
intake where surface and groundwater is most vulnerable to land use impacts.
11.105
KENNEL
By-law
No. 1212-93-PL
3396-2026
Shall mean a building or structure where animals, birds and/or other livestock
intended or used as domestic household pets are kept or boarded and the
operation is registered by the Canadian Kennel Club and in accordance with the
Corporation's Kennel By-law.
11.106
LANDSCAPED OPEN SPACE
Shall mean the open unobstructed space from ground to sky at grade on a lot
accessible by walking from the street on which the lot is located and which is
suitable for the growth and maintenance of grass, flowers, bushes and other
landscaping and includes any surfaced walk, patio or similar area but does not
include any driveway or ramp, whether surfaced or not, any curb, retaining wall,
parking area of any open space beneath or within any building or structure.
11.107
LANE
Shall mean a public thoroughfare which affords only a secondary means of
access to abutting lots and which is not intended for general traffic circulation.
11.108
LAUNDRY, COIN-OPERATED
Shall mean a building or structure where the service of coin-operated laundry
machines, using only water, detergents and additives, are made available to the
public for the purpose of laundry cleaning.
11.109
LIBRARY
Shall mean a public library within the meaning of the Public Libraries Act, R.S.O.
1990, as amended.
11.110
LOADING SPACE
Shall mean an off-street space on the same lot as the building, or contiguous to
a group of buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or materials, and which abuts upon a street,
lane or other appropriate means of access.
11.111
LOT
Shall mean a parcel or tract of land described in a deed or other legal document
which is legally capable of conveying title and:
a.
which is a whole lot as shown on a Registered Plan of Subdivision, but a
Registered Plan of Subdivision for the purposes of this paragraph does not
include a Registered Plan of Subdivision which has been deemed not to be
11:
DEFINITIONS
170
a Registered Plan of Subdivision under a By-law passed pursuant to
Section 29 of the Planning Act, being Chapter 349 of the Revised Statutes
of Ontario, 1970, as amended from time to time; or
b.
which is a legally separated parcel of land without any adjoining lands being
owned by the same owner or owners as of the date of passing of this By-
law; or
c.
the description of which is the same as in a deed which has been given
consent pursuant to Section 29 of the Planning Act, being Chapter 349 of
the Revised Statutes of Ontario, 1970, as amended from time to time; or
d.
is the whole remnant remaining to an owner or owners after a conveyance
is made with consent pursuant to Section 29 of the Planning Act, being
Chapter 349 of the Revised Statutes of Ontario, 1970, as amended from
time to time, but for the purpose of this paragraph no parcel or tract of land
ceases to be a lot by reason only of the fact that a part or parts of it has or
have been conveyed to or acquired by the Township of Brock, Her Majesty
in the Right of Ontario, or Her Majesty in the Right of Canada; or
e.
which is ordered to have not been created by a contravention of the
Planning Act, being Chapter 349 of the Revised Statutes of Ontario, 1970,
or any predecessor thereof, pursuant to Section 29a of the Planning Act,
as amended by Chapter 168 of the Revised Statutes of Ontario, 1973, as
amended from time to time.
11.112
LOT AREA
Shall mean the total horizontal area within the lot lines of a lot, excluding the
horizontal area of such lot covered by water or marsh.
11.113
LOT, CORNER
Shall mean a lot situated at the intersection of two streets, of which two adjacent
sides, that abut the intersecting streets, contain an angle of not more than one
hundred and thirty-five (135) degrees and where such adjacent sides are curved,
the angle of intersection of the adjacent sides shall be deemed to be the angle
formed by the intersection of the tangents to the street lines, drawn through the
extremities of the interior lot lines, provided that:
a.
in the latter case, the corner of the lot shall be deemed to be that point on
the street line nearest to the point of intersection of the said tangents; and
b.
any portion of a corner lot distant more than thirty (30) metres from the
corner measured along the street line shall be deemed to be an interior lot.
11.114
LOT COVERAGE
Shall mean that percentage of the lot area covered by the perpendicular vertical
projection of the area of all buildings onto a horizontal plane.
11.115
LOT DEPTH
Shall mean the horizontal distance between the front and rear lot lines. If the
front and rear lot lines are not parallel, "lot depth" means the length of a straight
line joining the middle of the front lot line with the middle of the rear lot line. When
there is no rear lot line, "lot depth" means the length of a straight line joining the
middle of the front lot line with the apex of the triangle formed by the side lot lines.
11.116
LOT FRONTAGE
Shall mean the horizontal distance between the side lot lines, such distance
being measured perpendicularly to the line joining the middle of the front lot line
with either the middle of the rear lot line or the apex of the triangle formed by the
side lot lines and at a point therein distant equal to the required depth of the front
yard.
11:
DEFINITIONS
171
11.117
LOT INTERIOR
Shall mean a lot other than a corner lot.
11.118
LOT LINE
Shall mean any boundary of a lot or the vertical projection thereof.
11.119
LOT LINE, FRONT
Shall mean, in the case of an interior lot, the line dividing the lot from the street.
In the case of a corner lot, the shorter lot line abutting a street shall be deemed
the front lot line and the longer lot line abutting a street shall be deemed an
exterior side lot line. In the case of a through lot, the lot line where the principal
access to the lot is provided shall be deemed to be the front lot line.
11.120
LOT LINE, REAR
Shall mean the lot line farthest from and opposite to the front lot line.
11.121
LOT LINE, SIDE
Shall mean a lot line other than a front or rear lot line.
11.122
LOT, THROUGH
Shall mean a lot bounded on two opposite sides by streets.
11.123
MANUFACTURING, PROCESSING, ASSEMBLING OR FABRICATING
PLANT
By-law
No. 3014-2021
Shall mean a plant in which the process of producing a product suitable for use,
by hand or mechanical power and machinery, is carried on systematically with
division of labour, but shall not include a cannabis production and processing
facility or a medical cannabis production site
11.124
MARINA
Shall mean a building, structure or place, containing docking facilities and located
on a navigable waterway, where boats and boat accessories are stored, serviced,
repaired or kept for sale and where facilities for the sale of marine fuels and
lubricants may be provided.
11.125
MARINE OR SNOWMOBILE DEALER
Shall mean any building, lot or structure where marine or snowmobile equipment
is kept for sale at retail and may include the servicing of marine or snowmobile
equipment.
11.126
MEDICAL CANNABIS PRODUCTION SITE
By-law
No. 3014-2021
shall mean the use of any land, buildings or structures for the purpose of
producing, processing, testing, destroying, packaging and/or shipping of
cannabis which is authorized by registration of a designated person by the
Federal Minister of Health, pursuant to the Access to Cannabis for Medical
Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances
Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
11.127
MEDICAL CLINIC
Shall mean a building or structure where members of the medical profession,
dentists, chiropractors, osteopaths, and physicians or occupational therapists,
either singularly or in union, provide diagnosis and treatment to the general public
without overnight accommodation and shall include such uses as reception
areas, offices, coffee shop, consultation, X-ray and minor operating rooms, and
a dispensary, providing that all such uses have access only from the interior of
the building, and shall not include any other establishment otherwise defined or
classified in this By-law.
11:
DEFINITIONS
172
11.128
MINIMUM DISTANCE SEPARATION FORMULAE
By-law
No. 1823-2003-PL
Shall mean formulae developed by the Province to separate uses so as to
reduce incompatibility concerns about odour from livestock facilities.
11.129
MOBILE HOME
Shall mean any vehicle so constructed as to be suitable for attachment to a motor
vehicle for the purpose of being drawn or propelled by the motor vehicle and
capable of being used for the living, sleeping or eating accommodation of
persons, notwithstanding that such vehicle is jacked up or that its running gear is
removed.
11.130
MODEL HOME
By-law
No. 1823-2003-PL
Shall mean a finished dwelling which is used as an example of a product offered
for sale to purchasers by a realtor, builder, developer or contractor. Such
dwelling may be furnished but shall not be occupied as a residence while being
used as a model home.
11.131
MOTEL
Shall mean a tourist establishment that:
a.
consists of one or more than one (1) building containing three or more
attached accommodation units accessible from the exterior only;
b.
may or may not have facilities for serving meals;
c.
is designed to accommodate the public for whom the automobile is the
principal means of transportation; and
d.
is not a camping establishment or a tourist home.
11.132
MOTOR VEHICLE
Shall mean an automobile, truck, motorcycle, and any other vehicles propelled
or driven otherwise than by muscular power; but does not include the cars of
electric or steam railways, or other motor vehicles running only upon rails, or a
motorized snow vehicle, traction engine, farm tractor, self-propelled implement
or husbandry or road building machine within the meaning of the Highway Traffic
Act, R.S.O. 1990, as amended, replaced or re-enacted from time to time.
11.133
MOTOR VEHICLE, COMMERCIAL
Shall mean any commercial motor vehicle within the meaning of the Highway
Traffic Act, R.S.O. 1990, as amended.
11.134
MOTOR VEHICLE BODY SHOP
Shall mean a building or structure used for the painting or repairing of motor
vehicle bodies, exterior and under-carriage, and in conjunction with which there
may be towing service and motor vehicle rentals for customers while the motor
vehicle is under repair, but shall not include any other establishment otherwise
defined or classified in this By-law.
11.135
MOTOR VEHICLE DEALERSHIP
Shall mean a building or structure where a franchised dealer displays new motor
vehicles for sale or rent and in conjunction with which there may be used motor
vehicle sales, a motor vehicle repair garage, a motor vehicle service station, a
motor vehicle gasoline bar or a motor vehicle body shop, but shall not include
any other establishment otherwise defined or classified in this By-law.
11.136
MOTOR VEHICLE GASOLINE BAR
Shall mean one or more pump islands, each consisting of one or more gasoline
pumps, and a shelter having a floor area of not more than 10 square metres,
which shall not be used for the sale of any products other than oils, anti-freeze,
11:
DEFINITIONS
173
gasoline additives, and small accessories required for the operation of motor
vehicles, and shall not be used for repairs, oil changes or greasing.
11.137
MOTOR VEHICLE RENTAL
Shall mean a building or structure where motor vehicles are kept for rent, lease
or hire under agreement for compensation.
11.138
MOTOR VEHICLE REPAIR GARAGE
Shall mean a building or structure where the exclusive service performed or
executed on motor vehicles for compensation shall include the installation of
exhaust system, repair of the electrical system, 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 shall not include any other establishment otherwise defined
or classified in this By-law.
11.139
MOTOR VEHICLE SALES, USED
Shall mean an establishment, with or without a building, where used motor
vehicles are displayed for sale, but shall not include any other establishment
otherwise defined or classified in this By-law.
11.140
MOTOR VEHICLE SERVICE STATION
By-law
No. 439-80-PL
Shall mean a building or structure where gasoline, oil, grease, antifreeze, tires,
tubes, tire accessories, electric light bulbs, sparkplugs, batteries and automotive
accessories for motor vehicles, and new retail goods are stored or kept for sale
to the general public, or where motor vehicles may be oiled, greased or washed,
or have their ignition adjusted, tires inflated or batteries charged, or where
mechanical or running repairs essential to the actual operation of motor vehicles
are executed or performed, and where mechanical or running repairs, are
executed or performed on motorized snow vehicles, traction engines, farm
tractors, self propelled implement of husbandry or road building machines within
the meaning of the Highway Traffic Act, R.S.O. 1990, as amended, replaced or
re-enacted from time to time.
11.141
MOTOR VEHICLE WASH, AUTOMATIC
Shall mean a building or structure containing facilities for washing motor vehicles
for compensation either using production line methods and mechanical devices
or by a self-service operation, but does not include any other motor vehicle
establishment herein defined where car washing is done only as incidental to the
principal operation.
11.142
MOTORIZED MOBILE HOME
Shall mean any motor vehicle so constructed as to be self-contained, self-
propelled unit, capable of being utilized for the living, sleeping or eating
accommodation of persons.
11.143
MOTORIZED SNOW VEHICLE
Shall mean a motorized snow vehicle within the meaning of the Motorized Snow
Vehicle Act, R.S.O. 1990, as amended.
11.144
MUNICIPAL, REGIONAL OR PROVINCIAL MAINTENANCE AND/OR
STORAGE YARD
By-law
No. 1212-93-PL
Shall mean any land, building and/or structure owned by the Corporation, the
Region of Durham or the Province of Ontario and used for the storage,
maintenance and/or repair of material, equipment, machinery and/or motor
vehicle used in connection with civic works.
11:
DEFINITIONS
174
11.145
NATURAL HERITAGE FEATURES
By-law
No. 2209-2009-PL
Shall mean features, including wetlands, significant coastal wetlands, fish
habitat, significant woodlands and valleylands, significant habitat of endangered
species and threatened species, significant wildlife habitat and significant areas
of natural and scientific interest, which are important for their environmental and
social values as a legacy of the natural landscapes of an area.
11.146
NAVE
Shall mean that portion of a church or place of worship where the congregation
assembles during normal services and which is generally located between the
chancel and the vestibule or narthex.
11.147
NON-COMPLYING
By-law
No. 1212-93-PL
Shall mean a building or structure or use which does not adhere to the provisions
set forth on Plates "C" and "D" of this By-law in regard to lot area, frontage, yard
dimensions, setbacks, etc.
11.148
NON-CONFORMING
By-law
No. 1212-93-PL
Shall mean the use of any lands, buildings, or structures for a purpose which is
not permitted in the Zone category in which the land, building or structure is
located as of the date of passing of this By-law so long as it continues to be used
for that purpose.
11.149
NON-RESIDENTIAL
Shall mean, when used to describe a use, building or structure, a commercial or
industrial business or public institutional use, building or structure permitted by
the By-law.
11.150
NORMAL FARM PRACTICES
By-law
No. 3396-2026
Shall mean a practice, as defined in the Farming and Food Production Act, 1998,
that is conducted in a manner consistent with proper and acceptable customs
and standards as established and followed by similar agricultural operations
under similar circumstances; or makes use of innovative technology in a manner
consistent with proper advanced farm management practices. Normal farm
practices shall be consistent with the Nutrient Management Act, 2002 and
regulations made under that Act.
11.151
NOXIOUS
Shall mean, when used with reference to any use of land, building or structure, a
use which, from its nature or from the manner of carrying on same, creates or is
liable to create, by reason of destructive gas or fumes, dust, objectionable odour,
noise or vibration or unsightly storage of goods, wares, merchandise, salvage,
junk, waste or other material, a condition which may become hazardous or
injurious as regards to health or safety or which prejudices the character of the
surrounding area or interferes with or may interfere with the normal enjoyment of
any use of land, building or structure.
11.152
NURSING HOME
Shall mean any premises maintained and operated for persons requiring nursing
care, and which is licensed under the Nursing Homes Act, R.S.O. 1990, as
amended, replaced or re-enacted from time to time.
11.153
NURSERY SCHOOL
Shall mean a day nursery operated for pre-school age children within the
meaning of the Day Nurseries Act, R.S.O. 1990, as amended.
11:
DEFINITIONS
175
11.154
ON-FARM ACCOMMODATION
By-law
No. 3396-2026
Shall mean an on-farm diversified use that provides short term overnight
accommodation for visitors to the farm. This may includes a building or structure,
either permanent or temporary, such as a tent, yurt, cabin, tiny home, geodome,
or a campsite intended for tents or recreational trailers, but shall not include a
cabin establishment, camping establishment, cottage establishment, resort or
tourist establishment.
11.155
ON-FARM DIVERSIFIED USE
By-law
No. 3396-2026
Shall mean uses that are secondary to the principal agricultural use of the lot
and are limited in area. On-farm diversified uses include, but are not limited to,
home occupations, home industries, agri-tourism uses, uses that produce value-
added agricultural products, and electricity generation facilities and transmission
systems.
11.156
OPEN STORAGE
By-law
No. 1212-93-PL
2209-2009-PL
Shall mean the storage of goods, materials, machinery, equipment or vehicles
on a lot which is not within an enclosed building but shall not include an outside
display and sales area, the display of motor vehicles accessory to a motor
vehicles establishment or motor vehicle rental establishment.
11.157
ORGANIC SOLVENT
By-law
No. 2744-2017-PL
A substance, usually liquid, capable of dissolving another liquid. Organic
solvents include, but are not limited to carbon tetrachloride, chloroform,
methylene chloride (dichloromethane) and pentachlorophenol.
11.158
PARK, PRIVATE
Shall mean any open space or recreational area, other than a public park, owned
and operated or maintained in whole or in part for profit by a private club or
fraternal organization for members only, and may include therein one or more
swimming, wading and boat facilities, picnic area, ski area, gardens or
refreshment rooms.
11.159
PARK, PUBLIC
Shall mean any open space or recreational area, owned or controlled by the
Corporation or by any Board, Commission or other Authority established under
any statute of the Province of Ontario and may include therein neighbourhood,
community, regional and special parks or areas and may include one or more
athletic fields, field houses, community centres, bleachers, swimming pools,
greenhouses, botanical gardens, zoological gardens, bandstands, skating rinks,
tennis courts, bowling greens, boat liveries, bathing stations, curling rinks,
refreshment rooms, fair grounds, arenas, golf courses, or similar uses.
11.160
PARKING ANGLE
Shall mean the angle which is equal to or less than a right, angle, formed by the
intersection of the side of the parking space and line parallel to the aisle.
11.161
PARKING AREA
Shall mean an area provided for the parking of motor vehicles and may include
aisles, parking spaces, pedestrian walkways, and related ingress and egress
lanes, but shall not include any part of a public street. "Parking Area" may include
a private garage.
11.162
PARKING LOT
Shall mean any parking area other than a parking area accessory to a permitted
use.
11:
DEFINITIONS
176
11.163
PARKING SPACE
Shall mean an area, exclusive of any aisles, ingress or egress lanes, for the
parking or storage of motor vehicles, and may include a private garage.
11.164
PERSON
Shall mean any human being, association, firm, partnership, incorporated
company, corporation, agent or trustee, and their heirs, executors or other legal
representatives of a person to whom the context can apply according to law.
11.165
PHYSICIAN
Shall mean a person licensed for the practice of medicine under the Health
Disciplines Act, 1974, S.O., 1974, c. 47, Part III, as amended, replaced or re-
enacted from time to time.
11.166
PIT
By-law
No. 1212-93-PL
Shall mean a place where unconsolidated gravel, stone, sand, earth, clay, fill
mineral or other material is being or has been removed by means of an
excavation to supply materials for construction, industrial or manufacturing
purposes, and may include temporary stockpiles of aggregate and topsoil but
shall not include a wayside pit, blasting operations, manufacturing of aggregate
or related products, or the open storage of goods and materials.
11.167
PLACE OF ENTERTAINMENT
By-law
No. 1212-93-PL
Shall mean a motion picture or other theatre, auditorium, public hall, billiard or
pool room, bowling alley, ice or roller skating rink, dance hall or music hall; but
does not include an adult entertainment parlour, arcade, or any place of
entertainment or amusement otherwise defined or classified in this By-law.
11.168
PLACE OF WORSHIP
Shall mean a building dedicated to religious worship and includes a church,
synagogue or assembly hall and may include such accessory uses as a nursery
school, a school of religious education, convent, monastery or parish hall.
11.169
PORTABLE PROCESSING PLANT
Shall mean equipment for the crushing, screening or washing of sand and gravel
aggregate materials, but not including a concrete batching plant or an asphalt
plant, which equipment is capable of being readily drawn or readily propelled by
a motor vehicle and which equipment is not considered permanently affixed to
the site.
11.170
PRINCIPAL OR MAIN BUILDING
Shall mean the building in which is carried on the principal purpose for which the
building lot is used.
11.171
PRIVATE CLUB
Shall mean a non-profit, non-commercial organization, which carries on social,
cultural, athletic and/or recreational activities.
11.172
PRINTING ESTABLISHMENT
By-law
No. 1212-93-PL
Shall mean a building, or part thereof, in which the business of producing books,
newspapers, or periodicals, by mechanical means, and reproducing techniques,
such as xeroxing, is carried on, and may include the sale of newspapers, books,
magazines, periodicals, or like, to the general public.
11.173
PROVINCIAL HIGHWAY
Shall mean a street under the jurisdiction of the Ministry of Transportation and
Communications.
11:
DEFINITIONS
177
11.174
PUBLIC AUTHORITY
By-law
No. 1212-93-PL
Shall mean Federal, Provincial, Regional, County, District or Municipal agencies,
and includes any commission, board, authority or department established by
such agency.
11.175
QUARRY
Shall mean a place where consolidated rock has been or is being removed by
means of an open excavation to supply material for construction, industrial or
manufacturing purposes, but does not include a wayside quarry or open pit metal
mine.
11.176
RECONSTRUCTION
By-law
No. 1212-93-PL
Shall mean the removal of buildings or structures from or the excavation of land
and the act of reconstructing or re-erection of other buildings or structures on or
the re-excavation of the land. "Reconstruction" and "Redevelopment" for the
purpose of this by-law shall have the corresponding meaning.
11.177
REDEVELOPMENT
By-law
No. 1212-93-PL
Shall mean the removal of buildings or structures from or the excavation of land
and the act of reconstructing or re-erection of other buildings or structures on or
the re-excavation of the land. "Reconstruction" and "Redevelopment," for the
purpose of this By-law, shall have the corresponding meaning.
11.178
REGION
Shall mean the Corporation of the Regional Municipality of Durham.
11.179
REGIONAL ROAD
Shall mean a street under the jurisdiction of the Corporation of the Regional
Municipality of Durham.
11.180
REGIONAL ROAD TYPE "A"
By-law
No. 1212-93-PL
Shall mean a street under the jurisdiction of the Regional Municipality of
Durham, designated as an arterial road in the Region's Official Plan, having a
right-of-way width ranging from 36 to 50 metres.
11.181
REGIONAL ROAD TYPE "B"
By-law
No. 1212-93-PL
Shall mean a street under the jurisdiction of the Corporation of the Regional
Municipality of Durham, designated as an arterial road in the Region's Official
Plan, having a right-of-way width ranging from 30 metres to 36 metres.
11.182
RESORT
By-law
No. 3396-2026
Shall mean a tourist establishment that operates throughout all or part of the
year and that has facilities for serving meals and furnishes equipment, supplies
or services to persons in connection with angling, hunting, camping or
recreational purposes.
A resort is not considered an on-farm accommodation use for the purposes of
this By-law.
11.183
RENOVATION
By-law
No. 1212-93-PL
Shall mean the repair and restoration of a building or structure to a physically
better condition than what currently exists but which does not alter the external
dimensions of the building or structure. "Renovation" and "Repair," for the
purpose of this By-law, shall have the corresponding meaning.
11:
DEFINITIONS
178
11.184
REPAIR
By-law
No. 1212-93-PL
Shall mean the restoration and renovation of a building or structure to a
physically better condition than what currently exists but which does not alter the
external dimensions of the building or structure. "Repair" and "Renovation," for
the purpose of this By-law, shall have the corresponding meaning.
11.185
RETAIL COMMERCIAL ESTABLISHMENT
Shall mean a building, or part of a building, in which goods, wares, merchandise,
substances, articles, things or services are offered or kept for sale at retail, or on
a rental basis and shall include but not be limited to, a bakery, bank, furniture and
appliance store.
11.186
RETAIL, BEVERAGE OUTLET
By-law
No. 1212-93-PL
Shall mean a building or part thereof where alcohol products are sold to the
general public through the Liquor Control Board of Ontario and/or the Brewers'
Retail Inc. and may also include a building or part thereof where individuals may
brew beer for private consumption but does not include an establishment
licensed by the Liquor Licence Board of Ontario.
11.187
RETAIL GASOLINE ESTABLISHMENT
Shall mean a lot, building or structure where gasoline is sold at retail to the public
as a principal or incidental operation.
11.188
RIGHT-OF-WAY
Shall mean a private road which affords access to abutting lots and does not
include a lane, road or street as herein defined.
11.189
SALVAGE YARD
Shall mean an establishment where goods, wares, merchandise, articles, or
things are processed for further use and where such goods, wares, merchandise,
articles or things are stored wholly or partly in the open and includes a junk yard,
a scrap metal yard and a motor vehicle wrecking yard or premises.
11.190
SANITARY SEWER
By-law
No. 1212-93-PL
Shall mean an adequate system of underground conduits, operated either by
the Corporation, Region, or by the Ministry of the Environment, which carries
sewage to an adequate place of treatment which meets with the approval of the
Ministry of the Environment.
11.191
SATELLITE DISH
By-law
No. 1212-93-PL
Shall mean a parabolic device intended to receive audio and video signals and
includes any supporting structures.
11.192
SAWMILL
By-law
No. 1361-95-PL
Shall mean a building, structure, or area on a farm where timber is cut, sawed
or planed, either to finished lumber or as an intermediary step and which is
exclusively devoted to the supply of material for the agricultural community. The
sawmill shall remain secondary to and operate in conjunction with the principle
farm use and may include a contiguous open area for the storage of raw
materials (timber), finished products and the temporary storage of sawdust and
wood chips.
11.193
SCHOOL
Shall mean a school under the jurisdiction of a Board as defined by the Ministry
of Education.
11.194
SENIOR CITIZENS' HOME
Shall mean any home for Senior Citizens sponsored and administered by any
public agency or any service club, church or other non-profit organization, either
11:
DEFINITIONS
179
of which obtains its financing from Federal, Provincial or Municipal Governments
or agencies, or by public subscription or donation, or by any combination thereof,
and such homes shall include auxiliary uses such as club and lounge facilities,
usually associated with Senior Citizens' development.
11.195
SENSITIVE LAND USE
By-law
No. 3014-2021
Shall mean buildings, amenity areas, or outdoor spaces where routine or normal
activities occurring at reasonably expected times would experience one or more
adverse effects from contaminant discharges generated by a nearby major
facility. Sensitive land uses may be a part of the natural or built environment.
Examples may include, but are not limited to: residences, day care centres, and
educational and health facilities.
11.196
SERVICE SHOP, PERSONAL
Shall mean a building, or part of a building, in which persons are employed in
furnishing services and otherwise administering to the individual and personal
needs of persons, such as a barber's shop, a ladies hairdressing establishment,
a shoe repair shop and/or other similar services.
11.197
SETBACK
Shall mean the horizontal distance from the centre line of the street allowance,
measured at right angles to such centre line, to the nearest part of any building
or structure or excavation on the lot.
11.198
SIGN
Shall mean a structure or advertising device having illustrations affixed thereto or
displayed thereon in any manner, which is used to identify, advertise or attract
attention to any object, product, place, activity, person, institution, organization,
firm, group, profession, enterprise, industry or business, or which display or
include any letter, work, model, number, banner, flag, pennant, insignia, device
or representation used as an announcement, direction or advertisement.
11.199
SIGNIFICANT DRINKING WATER THREAT
Activities related to a land use, or associated use thereof, which may cause,
directly or indirectly, the degradation of municipal drinking water quality to a level
that may be harmful for human consumption and use.
11.200
STOREY
Shall mean the portion of a building, other than an attic or cellar, included
between any floor level and the floor, ceiling or roof next above it.
11.201
STOREY, FIRST
Shall mean the lowest storey of a building closest to finished grade having its
ceiling 1.8 metres or more above average finished grade.
11.202
STOREY, ONE-HALF
Shall mean the portion of a building situated wholly or in part within the roof and
having its floor level not lower than 1.2 metres below the line where roof and
outer wall meet and in which there is sufficient space to provide a height between
finished floor and finished ceiling of at least 2.3 metres over a floor area equal to
at least 50 per cent of the area of the floor next below.
11.203
STORM SEWER
Shall mean a sewer which carries storm or surface run-off but excludes any
sanitary sewer or any combination of sanitary and storm sewers.
11:
DEFINITIONS
180
11.204
STREET OR ROAD
Shall mean a highway as defined by the Municipal Act, S.O. 2001, as amended,
replaced or re-enacted from time to time, and the Highway Traffic Act, R.S.O.
1990, as amended, replaced or re-enacted from time to time, which affords the
principal means of access to abutting lots and does not include a lane or private
right-of-way.
11.205
STREET, IMPROVED PUBLIC
By-law
No. 439-80-PL
Shall mean a street under the jurisdiction of the Corporation or the Township of
Eldon, the Township of Scugog, the Township of Uxbridge, the Regional
Municipality of Durham, or the Province of Ontario, which is after the date of
passing of this By-law:
a.
constructed to the current geometric design standards of the Ministry of
Transportation and Communications and, in the case of a Township Road,
the design standards of the Township of Brock;
b.
which qualifies for construction and maintenance subsidies from the
Ministry of Transportation and Communications; and
c.
which is maintained so as to permit its use by ordinary vehicular traffic
throughout the year.
11.206
STREET LINE
Shall mean the limit of the street or road allowance and is the dividing line
between a lot and street or road.
11.207
STRUCTURE
By-law
No. 1823-2003-PL
Shall mean anything constructed or erected, the use of which requires location
on the ground, or attached to something having location on the ground, and
includes a sign.
11.208
SUMMER CAMP
Shall mean a camp operated by a charitable corporation approved under the
Charitable Institutions Act, R.S.O. 1990, as amended, replaced or re-enacted
from time to time or a camp within the meaning of the regulations made under
the Health Protection and Promotion Act, R.S.O. 1990, as amended, replaced or
re-enacted from time to time.
11.209
TEMPORARY SALES OFFICE
By-law
No. 1823-2003-PL
Shall mean a mobile home used exclusively by a realtor, builder, developer or
contractor on a temporary basis for the sale, display and marketing of residential
lots and dwellings within a draft approved subdivision or condominium.
11.210
TENT
Shall mean every kind of temporary shelter for sleeping that is not permanently
affixed to the site and that is capable of being easily moved and is not considered
a structure.
11.211
TOURIST ESTABLISHMENT
By-law
No. 3396-2026
Shall mean any premises operated to provide sleeping accommodation for the
travelling public or sleeping accommodation for the use of the public engaging
in recreational activities, and includes the services and facilities in connection
with which sleeping accommodation is provided, but does not include:
a.
a camp operated by a charitable corporation approved under the Charitable
Institutions Act, R.S.O. 1990, as amended, replaced or re-enacted from
time to time.
11:
DEFINITIONS
181
b.
a summer camp within the meaning of the regulations made under the
Health Protection and Promotion Act, R.S.O. 1990, as amended, replaced
or re-enacted from time to time; or
c.
a club owned by its own members and operated without profit or gain.
A tourist establishment is not considered an on-farm accommodation for the
purposes of this By-law.
11.212
TOURIST HOME
Shall mean a dwelling house that is not part of or used in conjunction with any
other tourist establishment and which there are at least five (5) rooms for rent to
the travelling or vacationing public, whether rented regularly, seasonally or
occasionally
11.213
TOWNSHIP STREET OR ROAD
Shall mean a street or road under the jurisdiction of the Corporation of the
Township of Brock.
11.214
TRAILER
Shall mean a vehicle that is at any time drawn upon a highway by a motor vehicle,
except an implement of husbandry, another motor vehicle or any device or
apparatus not designed to transport persons or property, temporarily drawn,
propelled or moved upon such highway, and except a side car attached to a
motorcycle, and shall be considered a separate vehicle and not part of the motor
vehicle by which it is drawn.
11.215
TRAILER, MOBILE CAMPER
Shall mean any vehicle in which the assembly can be erected, while stationary,
using the trailer body and related components for support and utilized for living,
shelter and sleeping accommodation, with or without cooking facilities, which is
collapsible and compact while being drawn by a motor vehicle.
11.216
TRUCK CAMPER
Shall mean any unit so constructed than may be attached upon a motor vehicle,
as a separate unit, and capable of being utilized for the living, sleeping or eating
accommodation of persons.
11.217
TRUCK OR TRANSPORT TERMINAL OR YARD
Shall mean a building, structure or place where trucks or tractor trailers are
rented, leased, kept for hire, or stored or parked for remuneration, or from which
trucks or transports, stored or parked on the property, are dispatched for hire as
common carriers, or which is a bonded or sufferance warehouse.
11.218
USE
Shall mean, when used as a noun, the purpose for which a lot or building or
structure, or any combination thereof, is designed, arranged, occupied or
maintained and "USES" shall have a corresponding meaning. "USE," when used
as a verb, or "TO USE" shall have a corresponding meaning.
11.219
VEHICLE
Shall mean a motor vehicle, trailer, traction engine, farm tractor, road building
machine and any vehicle drawn, propelled or driven by any kind of power,
including muscular power, but does not include a motorized snow vehicle or the
cars of electric or steam railways running only upon rails.
11.220
VETERINARIAN
Shall mean a person registered under the provisions of the Veterinarians Act,
R.S.O. 1990, as amended, replaced or re-enacted from time to time.
11:
DEFINITIONS
182
11.221
VETERINARY CLINIC
Shall mean a building or structure in which facilities are provided for the
prevention, cure and alleviation of disease and injury to animals and in
conjunction with which there may be shelter provided, within the building or
structure, during the period of treatment.
11.222
WAREHOUSE
By-law
No. 3014-2021
Shall mean a building or part of a building used for the storage and distribution
of goods, wares, merchandise, substances, articles or things, and may include
facilities for a wholesale or retail commercial outlet, but shall not include a truck
terminal or a cannabis production and processing facility or a medical cannabis
production site
11.1
WASTE DISPOSAL AREA
Shall mean a place where garbage, refuse or domestic or industrial waste is
disposed of or dumped.
11.223
WATERCOURSE
Shall mean a waterbody or the natural channel for a perennial or intermittent
stream of water.
11.224
WATER FRONTAGE
Shall mean the boundary between the water and land fronting on and providing
access to a watercourse, bay or lake.
11.225
WATER SUPPLY
By-law
No. 1212-93-PL
Shall mean an adequate distribution system of underground piping and related
storage, including pumping and purification appurtenances operated by the
Corporation, Region, or the Ministry of the Environment or any public utilities
commission for public use.
11.226
WATER SUPPLY PLANT
Shall mean a building or structure, approved by the Ministry of the Environment,
where water is treated for human consumption.
11.227
WAYSIDE PIT OR QUARRY
Shall mean a temporary pit or quarry opened and used by a public road authority
solely for the purpose of a particular project or contract of road construction and
not located on the road right-of-way.
11.228
WELL
Shall mean an underground source of water which has been rendered accessible
by the drilling or digging of a hole from ground level to the water table and may
include a private piped system from a surface water route.
11.229
WELLHEAD PROTECTION AREA (WHPA)
The surface and subsurface area surrounding a water well or well field that
supplies a municipal drinking water system through which contaminants are
reasonably like to move so as to eventually reach the water well or well field.
11.230
WHOLESALE ESTABLISHMENT
By-law
No. 3014-2021
Shall mean the use of land or the occupancy of a building and/or structure, for
the purposes of selling, and/or offering for sale, goods, wares and/or
merchandise on a wholesale basis, and includes the storage or warehousing of
those goods, wares and/or merchandise but shall not include a cannabis
production and processing facility or a medical cannabis production site
11:
DEFINITIONS
183
11.231
WIND TURBINE
By-law
No. 1823-2003-PL
Shall mean a system of components which converts the kinetic energy of the
wind into electrical or mechanical power and which comprises all of the
necessary components including energy storage, power conditioning, control
systems, transmission systems, and structural support systems to provide
electricity or mechanical power for a single, private agricultural use only.
11.232
WORKSHOP
Shall mean a building or structure where manufacturing is performed by
tradesmen requiring manual or mechanical skills and may include a carpenter's
shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a commercial
welder's shop, or similar use.
11.233
YARD
Shall mean a space, appurtenant to a building or structure, located on the same
lot as the building or structure, and which space is open, uncovered and
unoccupied from the ground to the sky except for such accessory buildings,
structures or uses as are specifically permitted elsewhere in the By-law.
11.234
YARD, FRONT
Shall mean a yard extending across the full width of the lot between the front lot
line of the lot and the nearest part of any building or structure on the lot, the
nearest open storage use on the lot, or edge or rim of an excavation on the lot.
11.235
YARD, FRONT DEPTH
Shall mean the least horizontal dimension between the front lot line of the lot and
the nearest part of any building or structure on the lot, or the nearest open storage
use on the lot, or the edge or rim of an excavation on the lot.
11.236
YARD, REAR
Shall mean a yard extending across the full width of the lot between the rear lot
line of the lot and the nearest part of any building or structure on the lot, or the
nearest open storage use on the lot, or the edge or rim of an excavation on the
lot.
11.237
YARD, REAR DEPTH
Shall mean the least horizontal dimension between the rear lot line of the lot and
the nearest part of any building or structure on the lot, or the nearest open storage
use on the lot, or the edge or rim of an excavation on the lot.
11.238
YARD REQUIRED
Shall mean the minimum yard required by the provision of this By-law.
11.239
YARD, SIDE
Shall mean a yard extending from the front yard to the rear yard and from the
side lot line of the lot to the nearest part of any building or structure on the lot, or
the nearest open storage use on the lot, or the edge or rim of an excavation on
the lot.
11.240
YARD, SIDE, EXTERIOR
Shall mean a side yard immediately adjoining a public street.
11.241
YARD, SIDE, INTERIOR
Shall mean a side yard other than an exterior side yard.
11:
DEFINITIONS
184
11.242
YARD, SIDE, WIDTH
Shall mean the least horizontal dimensions between the side lot line of the lot
and the nearest part of any building or structure on the lot, or the nearest open
storage use on the lot, or edge of rim or excavation on the lot.
11.243
ZONE PROVISIONS
The permissible uses, the minimum area and dimensions of lots, the minimum
dimensions of yards, the maximum lot coverage, the minimum setback, gross
floor area, the minimum landscaped open space, the maximum height of
buildings, minimum parking requirements, and all other Zone provisions are set
out within the By-law for the respective Zones.
12:
OTHER BY-LAWS REPEALED
185
By-law
No. 555-82-PL
Any By-laws in force within the Corporation of the Township of Brock, which
regulate the use of lands, and the character, location, bulk, height and use of
buildings and structures, be and the same, are hereby amended insofar as it is
necessary to give effect to the provisions of this By-law and the provisions of this
By-law shall govern.
13:
APPROVAL
186
This By-law shall come into force on the date it is passed by the Council of the
Corporation of the Township of Brock subject to the approval of the Ontario
Municipal Board.
This By-law given its first,
second, and third readings and
finally passed on the 22nd
day of September, 1978, A.D.
Keith Rynard (signed)
Mayor
(SEAL)
George Graham (signed)
Clerk-Administrator