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10:
GENERAL PROVISIONS
127
The contents of this Section are:
SUBSECTION
PAGE
10.1 ACCESSORY BUILDINGS, STRUCTURES AND USES ................................ 128
10.2 DEVELOPMENT CONTROL ........................................................................... 131
10.3 DWELLING UNITS BELOW GRADE ............................................................... 132
10.4 ENVIRONMENTAL PROTECTION (EP) ZONE .............................................. 132
10.5 ESTABLISHED BUILDING LINE IN BUILT-UP AREA .................................... 133
10.6 EXISTING BUILDINGS, STRUCTURES AND USES ...................................... 134
10.7 EXTERNAL DESIGN ....................................................................................... 135
10.8 FRONTAGE ON PUBLIC STREET ................................................................. 135
10.9 GREATER RESTRICTIONS............................................................................ 136
10.10 HEIGHT EXCEPTIONS ................................................................................... 136
10.11 HOME OCCUPATION ..................................................................................... 137
10.12 HOME INDUSTRY .......................................................................................... 137
10.13 ILLUMINATION ............................................................................................... 138
10.14 LOADING SPACE REQUIREMENTS ............................................................. 138
10.15 LOTS HAVING LESS AREA AND/OR FRONTAGE ........................................ 139
10.16 MULTIPLE USES AND/OR ZONES ON ONE LOT ......................................... 139
10.17 NOXIOUS TRADE ........................................................................................... 139
10.18 OUTSIDE DISPLAY AND SALE OF GOODS AND MATERIALS .................... 140
10.19 PARKING AND REGULATIONS ..................................................................... 140
10.20 PITS ................................................................................................................ 146
10.21 PLANTING STRIPS ......................................................................................... 147
10.22 PUBLIC USES ................................................................................................. 147
10.23 REDUCTION OF REQUIREMENTS ............................................................... 148
10.24 SIGHT TRIANGLES ........................................................................................ 148
10.25 SPECIAL USES PERMITTED ......................................................................... 149
10.26 THROUGH LOTS ............................................................................................ 149
10.27 TRAILER/AND/OR BOAT STORAGE ............................................................. 149
10.28 TRUCK, BUS AND COACH BODIES .............................................................. 149
10.29 YARD DIMENSIONS - SPECIAL EXCEPTION ............................................... 149
10.30 SETBACK FROM STREET CENTRELINE - SPECIAL EXCEPTION .............. 149
10.31 GARAGE/YARD SALES .................................................................................. 150
10.32 MODEL HOMES, TEMPORARY SALES OFFICES ........................................ 150
10.33 PRIVATE HOME DAYCARE ........................................................................... 150
10.34 OPEN STORAGE ............................................................................................ 150
10.35 WELLHEAD PROTECTION AREAS ............................................................... 151
10.36 SOURCE PROTECTION WELLHEAD PROTECTION AREA & INTAKE
PROTECTION ZONE AREA OVERLAY .......................................................... 151
10.37 CANNABIS PRODUCTION AND PROCESSING ............................................. 151
10.38 AGRICULTURE-RELATED USES ................................................................... 153
10.39 ON-FARM DIVERSIFIED USES ....................................................................... 154
10:
GENERAL PROVISIONS
128
10.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
a.
PERMITTED USES
Where this By-law provides that a lot may be used or a building or structure
may be erected or used for a purpose, that purpose shall include any
accessory building or structure or accessory use, but not include the
following:
i.
any occupation for gain or profit conducted within or accessory to a
dwelling unit or on the lot, except, as in this By-law, is specifically
permitted; or
ii.
any building used for human habitation, except, as in this By-law, is
specifically permitted.
By-law
No. 3396-2026
Buildings or structures used for agricultural uses, intensive agricultural
uses, and agriculture-related uses, such as barns and silos, shall be
considered as principal or main buildings or structures. While on-farm
diversified uses are secondary uses to a principal agricultural use, they
will be subject to the same zone provisions as the principal or main building
or structure.
b.
RELATION TO STREET
Except as may otherwise be provided herein, any accessory building or
structure, which is not part of the principal or main building, shall be erected
in conformity with the setback requirements of the Zone in which such
building is located, but shall not be located closer to the street line than the
principal or main building on the lot.
By-law
No. 1212-93-PL
Notwithstanding the above, only a private garage, which is not part of the
principal or main building located on a lot within a Rural (RU) and/or Rural
Buffer (RB) Zone may be located closer to the streetline than the principal
or main building on the lot provided the minimum lot area is 0.8 hectares
or greater in size and the yard and setback requirements of the respective
Zone category are complied with.
By-law
No. 2209-2009-PL
c. RELATION TO PRINCIPAL OR MAIN BUILDING OR OTHER ACCESSORY
BUILDINGS
Except as may otherwise be provided herein, any accessory building or
structure, which is not part of the principal or main building, shall not be
erected closer than 1.8 metres to the principal or main building or 1.5
metres to another accessory building or structure.
d.
LOT COVERAGE AND HEIGHT
By-law
No. 439-80-PL
1823-2003-PL
The total lot coverage of all accessory buildings and structures, except
swimming pools, shall not exceed seven and one-half (7.5) per cent of the
lot area, nor, shall the height of any accessory building or structure exceed
four (4.0) metres in a Residential Zone.
e.
ACCESSORY STRUCTURES
By-law
No. 1823-2003-PL
Notwithstanding the yard and setback provisions of this By-law to the
contrary, drop awnings, clothes poles, flag poles, garden trellises,
retaining walls, fences which comply with the Corporation's Fence By-law,
signs or similar uses shall be permitted in any required yard.
f.
BOAT HOUSE, PUMP HOUSE OR DOCK
By-law
No. 439-80-PL
Notwithstanding any other provision of this By-law to the contrary, a boat
house, pump house or a dock may be erected and used in the rear yard
of a lot fronting on a navigable waterway, provided, such accessory
buildings or structures are located no closer than three (3) metres to the
side lot line, and provided further that such accessory buildings or
structures are not located within the Environmental Protection (EP) Zone.
10:
GENERAL PROVISIONS
129
g.
FIRE ESCAPES
Notwithstanding the yard and setback provisions of this By-law to the
contrary, unenclosed fire escapes, in which the stair-steps and floors are
latticed in such a manner that the proportion of voids to solids is not less
than two to one and in which guards consist of hand rails and the structural
members necessary for their support, may project into any required
setback a maximum distance of 1.2 metres.
h.
GARAGES OR OTHER ACCESSORY BUILDINGS OR STRUCTURES
Notwithstanding any other provisions of this By-law to the contrary, an
attached or detached private garage or other accessory building or
structure may be erected and used in a front, exterior side, interior side or
rear yard provided that:
i.
INTERIOR SIDE YARD
When such accessory building or structure is located in an interior
side yard, it shall not be closer than 1.2 metres to the interior side
lot line, EXCEPT where a common semi-detached garage is being
erected simultaneously on both sides of the lot line, as one building,
in which case no interior side yard to the accessory building or
structure is required.
ii.
REAR YARD
By-law
No. 1823-2003-PL
When such accessory building or structure is located in a rear yard
it shall not be closer than 1.2 metres to the interior side lot line or
rear lot line, EXCEPT where a common semi-detached garage is
being erected simultaneously on both sides of the interior lot line,
as one building in which case no interior side yard to the accessory
building or structure is required.
iii.
REAR YARD WITH LANE ACCESS
When such accessory building or structure is located in a rear yard
it shall not be closer than 1.2 metres to the interior side lot line or
rear lot line, EXCEPT where a single detached private garage is
being erected, with direct access from the lane, in which case the
structure shall not be located closer than 1.2 metres to the interior
side lot line and 2.4 metres to the rear lot line, or EXCEPT where a
common semi-detached garage is being erected simultaneously on
both sides of the interior lot line, as one building, with direct access
from the lane, in which case no interior side yard is required, but the
structure shall not be located closer than 2.4 metres to the rear lot
line.
iv.
FRONT OR EXTERIOR SIDE YARD
When an accessory building or structure is attached to the principal
or main building, such accessory building or structure may be
erected in a front or exterior side yard provided that such accessory
buildings or structure is not located within a required front or exterior
side yard and provided further that such accessory building or
structure is of the same external fabrication materials as the
principal or main building on the lot.
v.
FRONT OR EXTERIOR SIDE YARD - NAVIGABLE WATERWAY
By-law
No. 1212-93-PL
When a detached private garage is located on a lot which abuts a
navigable waterway it may be located between the principal or
main building on the lot and the streetline provided that the
applicable yard and setback requirements of the respective Zone
category are complied with.
10:
GENERAL PROVISIONS
130
vi.
GARAGE PROJECTIONS
By-law
No. 2209-2009-PL
The front wall of an attached garage facing the street shall not be
located more than 3 metres from the covered porch or the main
front entrance of the dwelling unit and, in the case of a dwelling
unit having a partial or second storey above the first, the front wall
of the attached garage shall not be located more than 2.5 metres
from the front wall of the dwelling unit.
i.
GATE HOUSE IN INDUSTRIAL ZONE
Notwithstanding the yard and setback provisions of this By-law to the
contrary, in an Industrial Zone, a gate house shall be permitted in a front or
side yard or in the area between the street line and the required setback.
j.
ORNAMENTAL STRUCTURES
Notwithstanding the yard and setback provisions of this By-law to the
contrary, sills, chimneys, cornices, eaves, gutters, parapets, pilasters, or
other ornamental structures may project into any required yard or the area
between the street line and the required setback a maximum distance of
0.6 metres.
k.
OUTDOOR SWIMMING POOLS
By-law
No. 1212-93-PL
1823-2003-PL
Notwithstanding the yard provisions of this By-law to the contrary, an
outdoor swimming pool shall be permitted within the interior and rear yard
of a lot. Such outdoor swimming pool and apron shall not be situated within
1.2 metres of the side lot line, rear lot line or the principal or main building
on the lot. The maximum area covered by an outdoor swimming pool shall
not exceed fifteen (15) per cent of the total lot area. The outdoor swimming
pool shall be fenced in accordance with the Corporation's Fence By-law.
l.
RAILWAY SPUR IN INDUSTRIAL ZONE
Notwithstanding any yard and setback provisions of this By-law to the
contrary, in an Industrial zone, a railway spur shall be permitted within any
required side or rear yard, but not within a required planting strip area,
except for necessary ingress or egress. However, where such side or rear
yard abuts a Residential Zone, then such railway spur shall conform to the
yard and setback requirements of the Zone in which it is located.
m.
UNENCLOSED PORCHES, BALCONIES, STEPS OR PATIOS
Notwithstanding the yard and setback provisions of this By-law to the
contrary, unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance of
1.5 metres, but not closer than 1.2 metres to any lot line, provided that in
the case of porches, steps or patios such uses are not more than
1.8 metres above grade.
n.
FENCES
Notwithstanding the yard and setback requirements of this By-law to the
contrary, a fence may be erected to coincide with a lot line provided such
fence complies with the Corporation's Fence By-law.
o.
SATELLITE DISHES
By-law
No. 1212-93-PL
Notwithstanding any other provisions of this By-law to the contrary, the
following provisions shall apply to and regulate satellite dishes on any lot:
i)
not more than one (1) satellite dish shall be permitted on any lot
located within Residential Zone;
10:
GENERAL PROVISIONS
131
ii)
satellite dishes shall not be permitted within the front or exterior side
yard of any lot;
iii)
satellite dishes shall not be permitted to be located on any part of
the principal or main building or other accessory building or
structure located on the same lot therewith with the exception of
those satellite dishes located in a General Commercial (C1) Zone;
iv)
the maximum height of a satellite dish and appurtenances thereto
measured from the finished grade to the highest point of the satellite
dish shall be 7 metres;
v)
notwithstanding Clause iv) above in the case of a satellite dish
located in a General Commercial (C1) Zone the maximum height of
the satellite dish and appurtenances thereto shall be 5 metres in
those cases where the satellite dish is located on the roof of a
building or structure;
vi)
yard requirements for the location of a satellite dish shall be in
accordance with the relevant provisions established for accessory
buildings, structures and uses contained within this By-law
measured to the extremities of the satellite dish;
vii)
this subsection shall not apply to those satellite dishes in existence
as of the 1st day of February, 1993.
By-law
No. 1823-2003-PL
2209-2009-PL
2450-2012-PL
3396-2026
p.
WIND TURBINES
Notwithstanding any other provisions of this By-law to the contrary, one
wind turbine having a nameplate capacity of 10 kW or less shall be
permitted as an on-farm diversified use in the Rural (RU) Zone.
The following regulations shall apply to the establishment of a wind turbine
where permitted:
a)
Yard and Setback Requirements
Wind turbines shall not be located within the Minimum Yard
Dimensions for uses in the Zone in which they are located. Wind
turbine structures shall be set back from the property line one and
one-half time the height of the tower, and where the height is in
excess of 10 metres, the tower shall be located at distance of at
least three (3) times its height from the nearest property line. The
tower shall also be set back 10 metres from any above-ground
utility line, except a utility line used to connect subject property to
the local utility.
By-law
No. 2450-2012-PL
3396-2026
q.
OTHER GROUND MOUNTED SMALL SCALE GENERATING SYSTEMS
Notwithstanding any other provisions of this By-law to the contrary, ground
mounted small-scale generating systems having a nameplate capacity of 10
kW or less shall be permitted as an on-farm diversified use in the Rural (RU)
or Rural Buffer (RB) Zone categories. Ground mounted small-scale
generating systems shall be located in accordance with the regulatory
provisions of the respective Zone category.
For clarity, this provision does not apply to small-scale generating systems
that are installed on or integrated into a building or structure.
10.2
DEVELOPMENT CONTROL
Repealed by By-law No. 439-80-PL.
10:
GENERAL PROVISIONS
132
10.3
DWELLING UNITS BELOW GRADE
a.
CELLAR
No dwelling unit shall, in its entirety be located in a cellar. If any portion of
a dwelling unit is located in a cellar, such portion of the dwelling unit shall
be used as a furnace room, laundry room, storage room, recreation room
or for a similar use only.
b.
BASEMENT OR WALKOUT BASEMENT
By-law
No. 439-80-PL
A portion of a dwelling unit may be located in a basement or walkout
basement, provided the finished floor level of such basement is not below
the level of the sanitary sewer or private waste disposal facilities, as the
case may be, serving the building or structure in which such basement is
located and provided further, that the floor level of such basement is not
more than 1.2 metres below the adjacent finished grade.
10.4
ENVIRONMENTAL PROTECTION (EP) ZONE
a.
USES PERMITTED
By-law
No. 439-80-PL
Except as specifically permitted in Subsection 10.4 c. of this By-law, no
person shall use any portion of any lot or erect, alter or use any building
or structure in an Environmental Protection Zone for any purpose except
a golf course, a private park, a public park or conservation or agricultural
uses, where such uses are permitted by this By-law, or a public use in
accordance with the provisions of Subsection 10.4 hereof, provided that
such permitted uses do not include any permanent building or structure
except as may be required in conjunction with flood control works or such
structural members as may be required to support high voltage or extra
high voltage electrical facilities owned, operated and maintained by
Ontario Hydro.
b.
CALCULATION OF ZONE PROVISIONS
Except as specifically permitted in Subsection 10.4 c. of this By-law, no part
of an Environmental Protection (EP) Zone shall be used to calculate any of
the Zone Provisions as may be required by this By-law for uses in adjacent
Zones.
c.
EXISTING LOTS IN ENVIRONMENTAL PROTECTION (EP) ZONE
By-law
No. 439-80-PL
3396-2026
Notwithstanding any other provisions of this By-law to the contrary, the
buildings and structures described in paragraph i. below of this subsection
are permitted on lots which were legally in existence on or before the 22nd
day of September 1978, in areas zoned Environmental Protection (EP);
provided all the requirements described in paragraph ii. of this subsection
can be satisfied:
i.
The uses permitted shall be restricted to:
a.
A single-family detached dwelling house with associated
accessory buildings and structures; and
b.
Buildings and structures associated with agricultural uses
such as sheds, barns, silos, shelters and similar buildings
and structures.
10:
GENERAL PROVISIONS
133
ii.
All of the following conditions and approvals must be met before a
permitted dwelling or structure can be erected:
By-law
No. 439-80-PL
1212-93-PL
a.
The lot under consideration must have been legally in
existence on or before the 22nd day of September 1978.
b.
Prior written approval must be obtained from the Ministry of
Natural
Resources
or
the
Lake
Simcoe
Region
Conservation Authority indicating that the lands under
construction are suitable for erection of a building.
c.
Prior written approval must be obtained from the local
Health Unit, indicating that there is an available and
adequate supply of potable water and that soil conditions
will permit the proper functioning of an effluent disposal
system.
d.
Any special conditions required by the Ministry of Natural
Resources, or the Lake Simcoe Region Conservation
Authority, and/or the local Health Unit, respecting the
development of land must be satisfied.
e.
The lot under consideration must front upon an improved
public street.
By-law
No. 2209-2009-PL
f.
No new dwelling or structure shall be permitted within
30 metres of any Natural Heritage/Hydrological feature in
accordance with and as identified within the Greenbelt
Plan, 2005. The uses permitted within this setback shall be
restricted
to
natural
self-sustaining
vegetation
or
agricultural uses. When all the necessary approvals and
conditions of paragraph b.
By-law
No. 555-82-PL
1212-93-PL
iii.
When all the necessary approvals and conditions of paragraph b.
of this subsection have been met, a building permit may be issued
for the erection of a permitted building or structure, without
amendment to this By-law. Such permitted building or structure
shall be erected in accordance with any special condition of the
Ministry of Natural Resources or the Lake Simcoe Region
Conservation Authority and the local Health Unit, as well as the
Zone Provisions, other than minimum lot area and lot frontage, of
this By-law for the Rural Residential (RR) Zone, in the case of a
single-family dwelling house, and the Rural (RU) Zone, in the case
of a permitted non-residential building or structure.
10.5
ESTABLISHED BUILDING LINE IN BUILT-UP AREA
Notwithstanding the yard and setback provisions of this By-law to the contrary,
where a permitted building or structure is to be erected on a lot in a built-up area,
where there is an established building line extending on both sides of the lot,
such permitted building or structure may be erected closer to the street line, or
the centreline of the street, as the case may be, than required by this By-law
provided such permitted building or structure is not erected closer to the street
line or the centreline of the street, as the case may be, than the established
building line on the date of passing of this By-law.
10:
GENERAL PROVISIONS
134
10.6
EXISTING BUILDINGS, STRUCTURES AND USES
a.
CONTINUATION OF EXISTING USES
The provisions of this By-law shall not apply to 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 purposes on the date of
passing of this By-law, so long as it continues to be used for that purpose.
b.
PERMITTED EXTERIOR EXTENSION
A building or structure, which at the date of passing of this By-law, was
lawfully used for a purpose not permissible within the Zone in which it is
located, shall not be enlarged, extended, reconstructed or otherwise
structurally altered, unless such building or structure is thereafter to be
used for a purpose permitted within such Zone, and complies with all
requirements of this By-law for such Zone.
c.
PERMITTED INTERIOR ALTERATION
The interior of any building or structure which, at the date of passing of this
By-law, was lawfully used for a purpose not permitted within the Zone in
which such building or structure is located, may be reconstructed or
structurally altered, in order to render the same more convenient or
commodious for the same purpose for which, at the date of passing of this
By-law, such building or structure was lawfully used.
d.
RESTORATION TO A SAFE CONDITION
By-law
No. 1823-2003-PL
Nothing in this By-law shall prevent the strengthening or alteration to a
safe condition of any building or structure or part thereof, lawfully used on
the date of passing of this By-law, provided that the strengthening or
alteration does not increase the building height, size or volume or change
the use of such building or structure.
e.
PERMITTED NON-COMPLYING BUILDINGS OR STRUCTURES
By-law
No. 1212-93-PL
1823-2003-PL
(i)
Nothing in this By-law shall prevent the enlargement or extension
of a building or structure, which existed at the date of passing of
this By-law, which is used for a purpose specifically permitted
within the Zone in which such building or structure is located,
where such building or structure does not comply with the setbacks
or one or more yards that are less than required provided that the
setback or one or more yards that are less than required are not
further reduced and that all other provisions of this By-law are
complied with. In addition, a maximum area of 10 percent of the
gross floor area existing as of the date of passing of this By-law,
shall be permitted within the setback or one or more yards that are
less than required.
(ii)
Nothing in this By-law shall prevent the renovation, repair or
alteration of a building or structure, which existed at the date of
passing of this By-law, which is used for a purpose specifically
permitted within the Zone in which such building or structure is
located, where such building or structure does not comply with the
setbacks or one or more yards that are less than required provided
that the setback or one or more yards that are less than required
are not further reduced and that all other provisions of this By-law
are complied with.
By-law
No. 2450-2012-PL
(iii)
Notwithstanding the foregoing this provision shall not apply to a
building or structure which has been demolished following the
issuance of a demolition permit by the Corporation. In such cases
the reconstruction of a building or structure shall comply with the
yard and setback requirements as well as all other provisions of
10:
GENERAL PROVISIONS
135
this By-law save and except an attached porch, deck, or private
garage provided that the setback or one or more yards that are less
than required are not further reduced and that all other provisions of
the By-law are complied with.
f.
RECONSTRUCTION OF DAMAGED EXISTING BUILDING OR
STRUCTURES
By-law
No. 1212-93-PL
Nothing in this By-law shall apply to prevent the reconstruction of any lawful
building or structure which does not comply with the provisions of this By-
law which is damaged by causes beyond the control of the owner provided
such building or structure is reconstructed on the same foundation and/or
within the area of the original foundation and a building permit is issued by
the Corporation within one (1) year of the original building or structure being
damaged.
g.
BUILDING PERMIT ISSUED
The provisions of this By-law shall not apply to prevent the erection or use,
for a purpose prohibited by this By-law, of any building or structure, the
plans for which have prior to the date of passing of this By-law been
approved by the Building Inspector, so long as the building or structure
when erected is used and continues to be used for the purpose for which it
was erected and provided the erection of such building or structure is
commenced within two (2) years after the date of the passing of this By-
law and such building or structure is completed within a reasonable time
after the erection thereof is commenced.
h.
FLOOR AREA LESS THAN REQUIRED
Nothing in this By-law shall prevent an extension or an addition being made
to a permitted dwelling house, which dwelling house existed at the time of
passing of this By-law but which has a gross floor area or dwelling unit area
less than required by this By-law, provided such extension or addition does
not contravene any other provisions of this By-law.
10.7
EXTERNAL DESIGN
The following building materials shall not be used for the exterior vertical facing
on any wall of any residential building or structure within the area affected by this
By-law:
a.
building paper;
b.
asphalt shingle;
c.
asphalt roll-type siding; or
d.
asphalt insulating siding.
10.8
FRONTAGE ON PUBLIC STREET
a.
PUBLIC STREET
i.
No person shall erect any building or structure in any Zone, after
the date of passing of this By- law, unless the lot upon which such
building or structure is to be erected fronts upon an improved public
street, and further, that such building or structure complies with the
setback provisions of this By-law. For the purposes of this By-law
an "Improved Public Street," as defined in Section 11 hereof, does
not include an unopened road allowance or an unassumed road in
a Registered Plan which has been deemed not to be a Registered
Plan under Section 29 of the Planning Act. Notwithstanding the
10:
GENERAL PROVISIONS
136
above, this subsection shall not apply to restrict the erection of any
building or structure on a lot in a Registered Plan of Subdivision
where a subdivision agreement has been entered into but the street
or streets will not be assumed by the Municipality until such time as
specified in the agreement.
ii.
Notwithstanding the provisions of Subsection 10.8 (a) (i) above,
where a building has been erected prior to the date of passage of
this By-law on a lot which fronts on a private right-of-way providing
legal ingress and egress, registered on title, to an improved public
street, the provisions of this By-law shall not apply to prevent the
enlargement, alteration, extension, renovation or reconstruction of
such a building or structure, provided the use of such building or
structure is permissible in the zone in which it is located and that all
other applicable provisions of this By- law are complied with.
iii.
Notwithstanding the provisions of Subsection 10.8 (a) (i) and (ii)
above, where a lot has been created prior to the date of passing of
this By-law and such lot fronts on a private right-of-way providing
legal ingress and egress, registered on title, to an improved public
street, the provisions of this By-law shall not apply to prevent the
erection of a building or structure on such lot provided the use of
such building or structure or the use of such lot is permissible within
the Zone in which it is located and that all other applicable
provisions of this By-law are complied with. This subsection shall
only apply to the following areas:
-
part of Lot 14, Concession VII, in the former Township of
Thorah known locally as Alsop's Plan; and
-
part of Lot 1, Concession XI, in the former Township of
Thorah.
-
part of Lot 20, Concession II, former Township of Thorah,
part of R.P. 682, specifically those lots with frontage on the
laneways, known as "Garden Gate" and "Peter Street."
By-law
No. 439-80-PL
-
Registered Plan 455, specifically those lots with frontage
on the laneway known as "Tots Trail" and "Shady Beach
Trail."
By-law
No. 1074-90-PL
-
part of Lot 7, Concession VI, in the former Township of
Brock.
By-law
No. 2209-2009-PL
-
Thorah Island.
10.9
GREATER RESTRICTIONS
This By-law shall not be effective to reduce or mitigate any restrictions lawfully
imposed by a governmental authority having jurisdiction to make such
restrictions.
10.10
HEIGHT EXCEPTIONS
By-law
No. 1823-2003-PL
Notwithstanding the height provisions herein contained, nothing in this By-law
shall apply to prevent the erection, alteration, or use of the following accessory
buildings or structures provided the main use is a use permitted within the Zone
in which it is located: a church spire, a belfry, a flag pole, a clock tower, a
chimney, a water tank, a radio or television tower or antenna, air conditioner
duct, grain elevator, a barn or silo, incidental equipment required for processing
and external equipment associated with internal building equipment.
10:
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By-law
No. 1212-93-PL
The foregoing shall not apply to satellite dishes which shall be subject to the
provisions of Section 10.1 (o) hereof.
10.11
HOME OCCUPATION
The following regulations apply to a dwelling unit wherein a home occupation is
permitted:
a. No person, other than a member of the family residing in the premises, shall
engage in canvassing, delivering or as a go-between in distributing
merchandise to customers.
By-law
No. 1212-93-PL
b.
There shall be no display, other than a sign erected in conformity with the
Corporation's Sign By-law, to indicate to persons outside that any part of
the dwelling unit is being used for a purpose other than residential and
such home occupation shall not include a showroom for the display of
goods or wares produced on the premises.
c.
Such home occupation shall be clearly secondary to the main residential
use and shall not change the residential character of the dwelling house or
unit nor create or become a public nuisance, in particular, in regard to
noise, traffic or parking.
d.
Such home occupation shall not interfere with television or radio reception
of others in adjacent buildings or structures.
By-law
No. 2450-2012-PL
e.
Not more than twenty-five (25) per cent of the gross floor area of the
dwelling house or unit shall be used for the purposes of the home
occupation use or, in the case of such home occupation located within an
accessory building, the accessory building in which the home occupation
is carried on shall be no greater than 150 square metres.
By-law
No. 2450-2012-PL
f.
Such home occupation shall not include a medical clinic, as defined
herein, a business or professional office used by the medical profession
for the treatment of patients including a physician, chiropractor, dentist,
and other medical uses, a private hospital, a nursing home, an eating
establishment, an animal hospital, or a retail commercial establishment
from which goods, wares, and merchandise is produced off-site, but shall
include a business or professional office as defined herein that complies
with the provisions of this subsection.
10.12
HOME INDUSTRY
By-law
No. 2209-2009-PL
3396-2026
The following regulations apply to an accessory building to a dwelling unit where
a home industry is permitted:
a)
the accessory building in which the home industry is carried on is no
greater than 150 square metres;
b)
a service is provided primarily to the local community such as carpentry,
metalworking, electrical work or blacksmithing and may include
professional offices or artisan studio;
c)
the business is carried on in whole or in part in an accessory building;
d)
there shall be no display, other than a sign erected in conformity with the
Corporation's Sign By-law, to indicate that an accessory building is being
used for a purpose other than residential;
e)
such home industry shall not create or become a public nuisance, in
particular, in regard to noise, traffic or parking;
f)
such home industry shall not interfere with television or radio reception of
others in adjacent buildings or structures;
10:
GENERAL PROVISIONS
138
g)
such home industry does not include such uses as an auto repair, motor
vehicle body shop, welding, paint shop, cannabis production facility or
furniture stripping;
h)
A maximum of two persons other than the proprietor may be engaged in
the Home Industry at any time.
i)
Where a home industry is located on a farm, it shall be subject to
the provisions of this By-law regarding on-farm diversified uses in
Section 10.39. Where a home industry is not located on a farm, it
shall be subject to the provisions in this Section of the By-law
regarding home industries.
10.13
ILLUMINATION
Lighting fixtures designed for exterior illumination shall be installed with the light
directed downward and deflected away from adjacent lots.
10.14
LOADING SPACE REQUIREMENTS
a.
LOADING SPACE
Loading or unloading spaces are required under this By-law, in accordance
with the Loading Space Requirement Table, and the owner of every
building or structure erected or used for any purpose involving the
receiving, shipping, loading or unloading of persons, animals, goods,
wares, merchandise or raw materials shall provide and maintain on the lot
loading and unloading spaces accordingly. Each loading or unloading
space shall be nine (9) metres long, 3.6 metres wide and have a vertical
clearance of at least four (4) metres. In addition, adequate space on the
lot shall be provided for the parking of vehicles awaiting access to the
loading or unloading spaces.
LOADING SPACE REQUIREMENT TABLE
GROSS FLOOR AREA OF BUILDING
LOADING SPACE
By-law
No. 1212-93-PL
280 sq. metres
Nil
Exceeding 280 sq. metres but not
2,320 sq. metres
1 space
Exceeding 2,320 sq. metres but not
7,430 sq. metres
2 spaces
Exceeding 7,430 sq. metres
2 spaces plus 1 additional
space for each additional
9,300 sq. metres or
fractional part thereof in
excess of 7,430 sq. metres
b.
ACCESS
Access to loading or unloading spaces shall be by means of a driveway at
least six (6) metres wide contained on the lot in which the spaces are
located and leading to an improved public street.
c.
LOADING SPACE SURFACE
The driveways, loading and unloading spaces shall be maintained with a
stable surface which is treated so as to prevent the raising of dust or loose
10:
GENERAL PROVISIONS
139
particles. They shall, before being used, be constructed of crushed stone,
slag, gravel, crushed brick (or tile), cinders, asphalt, concrete or Portland
cement binder and with provisions for drainage facilities.
d.
LOCATION
The loading space or spaces required shall be located in the interior side
or rear yard unless such space or spaces are set back from the street line
a minimum distance of thirty (30) metres.
e.
ADDITIONS TO OR CHANGE IN USE OF EXISTING BUILDINGS
The loading space requirements referred to herein shall not apply to any
building in existence at the date of passing of this By-law so long as the
gross floor area, as it existed at such date, is not increased. If an addition
is made to the building or structure which increases the gross floor area,
then additional loading space shall be provided as required by paragraph
(a) of this subsection for such addition.
Where a change in the use of an existing building occurs, loading space
for the new use shall be provided in accordance with paragraph (a) of this
subsection and in accordance with the provisions of the Loading Space
Requirement Table.
10.15
LOTS HAVING LESS AREA AND/OR FRONTAGE
Where a lot having a lesser lot area and/or frontage than required herein is held
under distinct and separate ownership from an abutting lot or lots as shown by a
conveyance of title properly executed and/or registered prior to the date of the
passing of this By-law, or where such a lot is created as a result of an
expropriation, or where a severance has been granted prior to the passage of
this By-law but the conveyance has not been registered, such smaller lot may be
used and a building or structure may be erected, altered or used on such smaller
lot, provided that all other Zone Provisions of this By-law are complied with.
10.16
MULTIPLE USES AND/OR ZONES ON ONE LOT
a.
MORE THAN ONE ZONE ON A LOT
Where a lot is divided into more than one Zone under the provisions of this
By-law, each such portion of the said lot shall be used in accordance with
the Zone Provisions of this By-law for the applicable Zones established
hereunder.
b.
MULTIPLE USES ON ONE LOT
Where any land, building or structure is used for more than one purpose,
the applicable provisions of this By-law which serve to regulate each such
use shall be complied with, provided that no dwelling, as may be permitted,
shall be erected closer than six (6) metres to any building or structure on
the lot, except for such accessory building or structure as may be permitted
in accordance with the provisions of Section 10.1, hereof.
10.17
NOXIOUS TRADE
No use shall be permitted which from its nature or the materials used therein is
declared by the Local Board of Health or Council of the Corporation to be a
noxious trade, business or manufacture under the Health Protection and
Promotion Act, R.S.O. 1990, or Regulations thereunder, as amended, replaced
or re-enacted, from time to time.
10:
GENERAL PROVISIONS
140
10.18
OUTSIDE DISPLAY AND SALE OF GOODS AND MATERIALS
Where the outside display and sale of goods and materials is permitted, the
following provisions shall be complied with:
a.
Such outside display and sale shall be accessory to a permitted
commercial use carried on in an enclosed building, or portion thereof, on
the same lot.
By-law
No. 2209-2009-PL
b.
The area used for outside display and sale of goods shall be within the
front and side yard only and the area devoted shall not exceed fifteen (15)
percent of the lot area.
By-law
No. 2209-2009-PL
c.
If the interior side lot line of a lot upon which such outside display and sale
is permitted abuts a Residential Zone, then a planting strip shall be
provided, along such abutting lot line, or portion thereof, in accordance
with the requirements for planting strips in Subsection 10.21 hereof;
d.
Where lighting facilities are provided, they shall be so arranged as to deflect
the light onto the outside display and sale area, and away from adjoining
properties and streets;
e.
The area used for outside display and sale shall be in addition to and
separated from the areas required for parking;
By-law
No. 2209-2009-PL
f.
The area used for outside display and sale shall provide side yards in
accordance with the provisions for the Zone in which the land is situated,
but in any event shall not be closer to any side lot line than three (3)
metres;
g.
The area used for outside display and sale shall be surfaced and
maintained with either concrete, asphalt, crushed stone and other hard
surface and dustless materials, or maintained as a lawn in a healthy
growing condition; and
h.
Prior to the establishment of an area for the outside display and sale, the
owner shall file in writing with the By-law Enforcement Officer a notice
thereof giving full particulars including a sketch or survey of the lands to be
used in relation to all buildings or other structures on the same lot.
10.19
PARKING AND REGULATIONS
a.
PARKING AREA REQUIREMENTS
By-law
No. 1212-93-PL
Parking spaces and areas are required under this By-law in accordance
with the Parking Space Requirement Table, and the owner of every
building or structure erected or used for any of the purposes hereinafter
set forth shall provide and maintain for the sole use of the owner, occupant
or other persons entering upon or making use of the said premises from
time to time parking spaces and areas accordingly on the same lot as the
use that requires such spaces and areas.
b.
PARKING AREA SURFACE
Each parking area and driveway connecting the parking area with a street
shall be maintained with a stable surface which is treated so as to prevent
the raising of dust or loose particles. They shall, before being used, be
constructed of crushed stone, slag, gravel, crushed brick (or tile), cinders,
asphalt, concrete, Portland cement binder or like material and with
provision for drainage facilities.
10:
GENERAL PROVISIONS
141
c.
INGRESS AND EGRESS
i.
Ingress and egress to and from the required parking spaces and
areas shall be provided by means of unobstructed driveways or
passageways at least three (3) metres but not more than nine
(9) metres in perpendicular width.
ii.
The maximum width of any joint ingress and egress driveway ramp
measured along the street line shall be nine (9) metres.
iii.
The minimum distance between any two driveways on one lot or
between a driveway and an intersection of street lines measured
along the street line intersected by such driveway shall be eight (8)
metres.
iv.
The minimum angle of intersection between a driveway and a street
line shall be sixty (60) degrees.
v.
Every lot shall be limited to the following number of driveways,
namely:
a.
up to the first fifteen (15) metres of frontage, not more than
one driveway;
b.
greater than fifteen (15) metres of frontage but not more
than thirty (30) metres of frontage, not more than two
driveways with a combined width not exceeding thirty
(30) per cent of the lot frontage; and
c.
for each additional thirty (30) metres of frontage, not more
than one additional driveway.
d.
PARKING AREA DESIGN REQUIREMENTS
Every parking space shall be designed in accordance with the following
criteria, namely:
By-law
No. 1212-93-PL
i.
the minimum width shall be two and seven-tenths (2.7) metres and
the minimum length shall be five and seven-tenths (5.7) metres;
ii.
that where a parking space has a parking angle of thirty
(30) degrees or less, such parking space shall be at least six and
seven-tenths (6.7) metres in length where the aisle width is at least
four (4) metres;
iii.
that where the parking angle is less than fifty (50) degrees, the
minimum aisle width shall be at least four (4) metres;
iv.
that where the parking angle is equal to or greater than fifty
(50) degrees, but less than seventy (70) degrees, the minimum
aisle width shall be at least 5.5 metres; and
v.
that where the parking angle is equal to or greater than seventy (70)
degrees but less than or equal to ninety (90) degrees, the minimum
aisle width shall be at least 6.7 metres.
By-law
No. 1823-2003-PL
2029-2009-PL
vi.
the minimum width of an accessible parking space shall be
4.5 metres and the minimum length shall be 6 metres.
By-law
No. 3082-2021
vii. the maximum parking area allowable in front of a residential
dwelling is 55% of the frontage of the lot
10:
GENERAL PROVISIONS
142
e.
MORE THAN ONE USE ON A LOT
When a building or structure accommodates more than one type of use,
the parking space requirement for the whole building shall be the sum of
the requirements for the separate parts of the building occupied by the
separate types of use, unless otherwise specified herein.
PARKING SPACE REQUIREMENT TABLE
(Amended by By-law No. 1212-93-PL,1823-2003-PL, 2209-2009-PL)
TYPE OR NATURE OF USE
MINIMUM OFF-STREET PARKING
REQUIREMENTS
a.
Assembly Hall, Place of
Entertainment, Place of Worship,
Private Club or other similar
places of assembly
The greater of:
(a)
one (1) parking space per five (5)
fixed seats or portion thereof.
(b)
one (1) parking space per nine (9)
square metres of gross floor area
or portion thereof.
(c)
one (1) parking space for each
four (4) persons that can legally
be accommodated at any one
time.
b.
Boarding or Lodging House
One and one-half (1.5) parking spaces
per bedroom.
c.
Business and/or Professional
Offices, Retail Commercial
Establishment, Service Shop,
Home Occupation, Grocery Store
One (1) parking space for each twenty
(20) square metres of gross floor area
or portion building directly related to the
specified permitted use.
d.
Eating Establishment
One (1) parking space per nine (9)
square metres of gross floor area or
portion thereof.
e.
Golf Course
Twenty-four (24) parking spaces for
each nine holes of golfing facilities.
f.
Manufacturing, Processing,
Assembly and/or Fabricating
Plant, Hydro Generating Station,
Cannabis Production and
Processing Facility
One (1) parking space per thirty-seven
(37) square metres of gross floor area
or portion thereof.
g.
Marina
One (1) parking space per eighteen
(18) square metres of gross floor area
or portion or fraction thereof plus one
(1) parking space for each boat slip
provided.
h.
Motel, Hotel, Cottage or Cabin
Establishment, Resort
Establishment or Tourist Home
One and one-quarter (1.25) parking
spaces per guest room, cottage or
cabin.
10:
GENERAL PROVISIONS
143
By-law
No. 3082-2021
i.
Residential
- Single-Family Detached
Two (2) parking spaces per dwelling
unit
- Duplex
Two (2) parking spaces per dwelling
unit
- Semi-detached
Two (2) parking spaces per dwelling
unit
- Triplex
One (1) parking space per dwelling unit
for one-bedroom units
Two (2) parking spaces per dwelling
unit for two or more bedroom units.
- Fourplex
One (1) parking space per dwelling unit
for one-bedroom units
Two (2) parking spaces per dwelling
unit for two or more bedroom units.
- Row-Townhouse
One (1) parking space per dwelling unit
for one-bedroom units
Two (2) parking spaces per dwelling
unit for two or more bedroom units.
- Apartment
One (1) parking space per dwelling unit
for one-bedroom units
One point five (1.5) parking spaces per
dwelling unit for two or more bedroom
units.
- Converted Dwelling
One (1) parking space in addition to the
Single Family Dwelling requirement
- Secondary Units
One parking space to be provided in
addition to the primary dwelling parking
requirements.
No visitor parking required for the
secondary unit.
- Visitor Parking
One half (0.5) additional visitor parking
spaces must be provided for each
dwelling unit for all residential types of
dwellings and be located in a driveway
or other parking area on the same lot as
the dwelling unit or 1 space may be
located within an enclosed garage or
accessory structure with a clear interior
measurement of a minimum 3m width
and 6 m length.
In the case of the visitor parking area
within a Plan of Condominium, visitor
parking shall be provided on the same
lot or on other lands controlled by the
related condominium corporation.
10:
GENERAL PROVISIONS
144
In the case where there is a permit or
license from the Township applying to
the property allowing short-term rental
or a B & B, no visitor parking is required
for the primary residence. All parking
requirements for the short-term rental or
B & B use shall be applied.
j.
Schools
a. Elementary
The greater of:
(a)
one and one-half (1 1/2) parking
spaces per classroom; or
(b)
one (1) parking space per nine (9)
square metres of floor area in the
gymnasium; or
(c)
one (1) parking space per nine (9)
square metres of floor area in the
auditorium.
b. Secondary
The greater of:
(a)
four (4) parking spaces per
classroom; or
(b)
one (1) parking space per nine (9)
square metres of floor area in the
gymnasium; or
(c)
one (1) parking space per nine (9)
square metres of floor area in the
auditorium.
k.
Home for the Aged
Nursing Home
One (1) parking space per four (4)
dwelling units, or part thereof, or for
every four (4) beds or portion thereof,
plus one (1) parking space for a
dwelling unit designed for a resident
caretaker.
l.
Workshop
One (1) parking space per thirty-seven
(37) square metres of gross floor area.
m.
Uses permitted by this By-law
other than those listed for this
table
One (1) parking space per thirty-seven
(37) square metres of gross floor area.
n.
Accessible Parking Spaces -
General
(a)
one (1) accessible parking space
for up to nineteen (19) automobile
parking spaces;
(b)
a minimum of four (4) accessible
parking spaces for up to two
hundred (200) automobile parking
spaces;
(c)
a minimum of eight (8) accessible
parking spaces for up to four
hundred (400) automobile parking
spaces.
10:
GENERAL PROVISIONS
145
o.
Accessible Parking Spaces -
Medical Clinics or Nursing Homes
(a)
a minimum of two (2) accessible
parking spaces for up to thirty
(30) automobile parking spaces;
(b)
a minimum of eight (8) accessible
parking spaces for up to sixty (60)
automobile parking spaces;
(c)
a minimum of twelve (12)
accessible parking spaces for up
to one hundred (100) automobile
parking spaces.
p.
Bed & Breakfast
Establishments
One (1) parking space per guest room,
in addition to spaces required for the
dwelling, shall be required. The parking
spaces may be located in any yard,
provided that no more than three (3)
parking spaces shall be located in the
front or exterior side yard.
f.
PARKING AREA LOCATION ON LOT
Notwithstanding the yard and setback provisions of this By-law to the
contrary, uncovered surface parking areas shall be permitted in the
required yards or in the area between the street line and the required
setback as set out below. Further, in all Zones, except Residential, no
driveway is permitted within nine (9) metres of the boundary of a
Residential Zone, and no parking space within three (3) metres of a
Residential Zone.
ZONE
YARD IN WHICH REQUIRED
PARKING AREA PERMITTED
Environmental Protection, Open
Space, Recreational Rural,
Rural Buffer, Community Facility
and Commercial Zones
All yards provided that no part of any
parking area other than a driveway is
located closer than one (1) metre to
any street line
Residential Zones save and
except an Apartment Dwelling
House as specified below
Interior side and rear yard and one
additional space may be provided in
the driveway, provided that no part of
any parking area, other than a
driveway, is located closer than one
(1) metre to any street line and
provided further that a parking area,
other than a driveway, for a
Residential use containing three or
more dwelling units is located in no
other yard than the rear yard
Apartment Dwelling House
All yards, provided that no part of any
parking area, other than a driveway, is
located closer than eight (8) metres to
any street line and no closer than
three (3) metres to any side lot line
Industrial Zone
Interior side and rear yards only,
except for visitor parking provided that
no part of any parking area, other than
a driveway, is located closer than one
(1) metre to any street line
10:
GENERAL PROVISIONS
146
g.
ADDITIONS TO OR CHANGE IN USE OF BUILDINGS
By-law
No. 1212-93-PL
The parking space requirements referred to herein shall not apply to any
building in existence as of the date of passing of this By-law so long as the
existing gross floor area is not increased by more than 10 per cent of the
gross floor area of the building existing on the date of passing of this By-
law. If an addition is made to the building or structure which increases the
gross floor area by more than 10 percent of the floor area existing at the
time of passing of this By-law then parking spaces for the addition shall be
provided as required by the Parking Space Requirement Table.
Where a change in use of the building or structure occurs which increases
the off-street parking requirements, as set forth in the Parking Space
Requirement Table, then parking spaces shall be provided in accordance
with these requirements set forth in the Parking Space Requirement Table
for the total gross floor area of the building or structure.
h.
USE OF PARKING SPACES AND AREAS
By-law
No. 1212-93-PL
Parking spaces and areas required in accordance with this By-law shall be
used for the parking of operative, currently licensed vehicles only, and for
vehicles used in operations incidental to the permitted uses in respect of
which such parking spaces and areas are required or permitted. Provided,
however, no person shall use any lands within a Residential Zone, for the
parking or storage of any commercial motor vehicle, which has a stake
body or which has dual wheels or which has a capacity in excess of one
ton, EXCEPT that one commercial motor vehicle, not exceeding a rated
capacity of one ton, may be stored in a private garage.
Notwithstanding the above provisions within the Rural (RU) Zone, a
maximum of two (2) school buses may be parked or stored on any lot as
an accessory use.
i.
ABANDONED EQUIPMENT
By-law
No. 1212-93-PL
Unused and discarded motor vehicles, farm implements and similar
abandoned equipment shall not be located or stored in any Zone.
j.
PARKING SPACES ON OTHER LOTS
By-law
No. 1212-93-PL
Notwithstanding the provisions of Section 10.19 (a), within the General
Commercial (C1) Zone, off street parking spaces and areas may be
located not more than 90 metres from the said lot which requires parking
spaces and areas provided, however, that such parking spaces and areas
shall be located within the General Commercial (C1) Zone and not under
the ownership of the Corporation.
10.20
PITS
(a)
Prohibition of New Pits
The making or establishment of new pits is prohibited within the area
covered by this By-law, except in the locations specifically permitted by this
By-law, and only then in accordance with the express provisions of this By-
law.
(b)
Prohibition of Buildings, Structures, Uses and Activities
No person shall use, occupy or excavate land or erect any building or
structure or conduct any activity on land for the purpose of processing,
washing, screening, sorting or crushing rock, sand and/or gravel, except as
expressly provided for in this By-law.
10:
GENERAL PROVISIONS
147
10.21
PLANTING STRIPS
a.
LOCATION
By-law
No. 439-80-PL
Where the interior side or rear lot line of a Community Facility, Recreation,
Commercial or Industrial Zone abuts a Residential Zone, or a Residential
Type Three (R3) Zone abuts a Residential Type One (R1) Zone, a planting
strip adjoining such abutting lot line, or portion thereof, shall be provided
on the Community Facility, Commercial or Industrial lot, or Residential
Type Three (R3) Zone or Recreational (RE) Zone with a minimum width of
three (3) metres.
b.
CONTENTS
Where in this By-law a planting strip is required on a lot, such lot shall not
be used for any use otherwise permitted by this By-law and no building
shall be occupied unless and until a planting strip is provided and
maintained which planting strip shall consist of a row of trees or a
continuous unpierced hedgerow of evergreens or shrubs, not less than 1.5
metres high, immediately adjacent to the lot line or portion thereof along
which such planting strip is required hereunder; the remainder of the strip
shall be planted with shrubs, flower beds, grass or a combination thereof.
c.
INTERRUPTION FOR DRIVEWAYS OR PEDESTRIAN WALKS
In all cases where ingress and egress driveways or walks extend through
a planting strip, it shall be permissible to interrupt the strip within three
(3) metres of the edge of such driveway or within 1.5 metres of the edge of
such walk.
d.
MAINTENANCE
Where a planting strip is required it shall be planted, nurtured and
maintained by the owner or owners of the lot on which the strip is located.
e.
LANDSCAPED OPEN SPACE
A planting strip referred to in this subsection may form a part of any
landscaped open space required by this By-law.
f.
BUFFER SCREEN, PLANTING STRIPS AND FENCING
REQUIREMENTS EXTRACTIVE INDUSTRIAL ZONE
By-law
No. 439-80-PL
Buffer screen and planting strips and fencing requirements shall be in
accordance with the Pits and Quarries Control Act, 1971 and the Ontario
Regulation 545/71 as amended.
10.22
PUBLIC USES
a.
PUBLIC USE
Except as otherwise provided in paragraph (b) of this subsection, the
provisions of this By-law shall not apply to prevent the use of any lot or the
erection or use of any building or structure for the purposes of the public
services provided by The Corporation of the Township of Brock and/or any
Public Authority, any department of the Regional Municipality of Durham,
any department or ministry of the Government of Canada or Ontario,
including the Ontario Hydro, or any telephone, telegraph or any natural gas
distribution system.
10:
GENERAL PROVISIONS
148
b.
LOCATION
i.
SPECIFICALLY PERMITTED
Where in this By-law under the heading of "PERMITTED USES IN
ZONES" a public use is specifically permitted within a Zone, then
such use shall only be permitted within that Zone or Zones.
ii.
NOT SPECIFICALLY PERMITTED
Where in this By-law a public use is not specifically referred to in
any Zone, then such public use shall be permitted in any Zone.
c.
PROVISIONS
Where a lot, building or structure is to be used for the purposes of a public
use which is not specifically permitted in any one zone but rather is
permitted in any Zone the following criteria shall apply:
i.
no goods, material or equipment shall be stored in the open, except
as permitted in such Zone;
ii.
any Zone Provisions of the Zone in which the use is located shall
be complied with except as otherwise provided in paragraph (d);
By-law
No. 439-80-PL
iii.
any building erected under the authority of this paragraph shall not
be used for the purpose of an office and shall be designed and
maintained in general harmony with residential buildings of the
type permitted in such area, including the requirements for buffer
planting, in accordance with Section 10.21 hereof.
d.
STREETS AND INSTALLATIONS
By-law
No. 1212-93-PL
Nothing in this By-law shall prevent land to be used as a street or prevent
the installation of a watermain, sanitary sewer main, storm sewer main,
gas main, pipe line or overhead or underground hydro, telephone or other
supply and/or communication line, including high voltage and extra high
voltage electrical lines owned, operated and maintained by Ontario Hydro.
10.23
REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any lot or building is used, or erect
any building, or structure, or addition to any existing building, or sever any lands
from any existing lot if the effect of such action is to cause the original, adjoining
remaining or new building or lot to be in contravention of this By-law.
10.24
SIGHT TRIANGLES
On a corner lot, within the triangular space formed by the street lines and a line
drawn from a point in one street line to a point in the other street line, each such
point being nine (9) metres measured along the street line from the point of
intersection of the street lines, no motor vehicle, as defined in the Highway Traffic
Act, R.S.O. 1990, as amended, shall be parked, or no building or structure which
would obstruct the vision of drivers of motor vehicles shall be erected and no land
shall be used for the purposes of growing shrubs or trees in excess of one (1)
metre in height. Such triangular space may hereinafter be referred to as a "sight
triangle." Where the two street lines do not intersect at a point, the point of
intersection of the street lines shall be deemed to be the intersection of the
projection of the street lines (the intersection of the tangents to the street lines).
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10.25
SPECIAL USES PERMITTED
By-law
No. 439-80-PL
1823-2003-PL
A tool shed, construction trailer, including residential occupancy thereof,
scaffold or other building or structure incidental to construction for which a
building permit has been issued is permitted in all Zones within the Corporation
on the lot where it is situated and only for so long as it is necessary for the work
in progress and until the work is completed or abandoned. For the purpose of
this section, abandoned shall mean the failure to proceed expeditiously with the
construction work.
10.26
THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one street, the
setback and front yard requirements contained herein shall apply on each street
in accordance with the provisions of the Zone or Zones in which such lot is
located.
10.27
TRAILER/AND/OR BOAT STORAGE
In conjunction with a permanent single-family detached dwelling or a seasonal
dwelling house, the owner or occupant of any lot shall not store any boat, tourist
trailer, motorized mobile home, truck camper, or other similar vehicle in any yard
except that two (2) such vehicles may be stored in the area between the principal
structure on the lot and the required side yard or in the rear yard provided that in
the case of a boat, such boat shall not exceed 7.3 metres in length and in the
case of a tourist trailer, motorized mobile home, truck camper or similar vehicle,
said vehicle shall not exceed 10.6 metres and provided that such vehicle is not
used for human habitation.
10.28
TRUCK, BUS AND COACH BODIES
No truck, bus, coach or streetcar body, or structure of any kind, other than a
dwelling unit erected and used in accordance with this and all other By-laws of
the Corporation, shall be used for human habitation or storage of goods and
materials within any area affected by this By-law, whether or not the same is
mounted on wheels.
10.29
YARD DIMENSIONS - SPECIAL EXCEPTION
By-law
No. 1212-93-PL
1245-93-PL
Where a principal or accessory building or structure was erected on a lawful lot
of record prior to September 22, 1978 and the said principal or accessory
structure does not comply with the minimum yard dimensions set forth in this By-
law such building or structure shall be deemed to comply with the minimum yard
dimensions set forth in this By-law.
Notwithstanding the foregoing, this subsection shall not apply to any principal or
accessory building or structure which encroaches onto a separately deeded lot
held under distinct and separate ownership nor shall this subsection apply to any
principal or accessory building or structure which encroaches onto lands owned
by the Corporation.
10.30
SETBACK FROM STREET CENTRELINE - SPECIAL EXCEPTION
By-law
No. 1212-93-PL
Notwithstanding the provisions of Plate "C," entitled "PROVISIONS FOR
RESIDENTIAL USES" and Plate "D," entitled "PROVISIONS FOR NON-
RESIDENTIAL USES" in the case of a discrepancy between the distance from
the street centreline and the distance from the front lot line to the nearest part of
any building or structure or excavation on the lot, only the required front yard
dimension shall apply and be complied with.
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150
10.31
GARAGE/YARD SALES
By-law
No. 1823-2003-PL
Garage/Yard Sales, as herein defined, shall be permitted in single family, semi-
detached, duplex and townhouse dwellings, community centres, places of
worship, schools, and daycare centres. The display of sales merchandise shall
be located in the exterior side yard, front yard and/or attached garage. A
maximum of four (4) garage sales shall be permitted per calendar year and the
duration of each sale shall be for a maximum of three (3) consecutive days
during daylight hours only.
10.32
MODEL HOMES, TEMPORARY SALES OFFICES
By-law
No. 1823-2003-PL
A model home within a draft approved plan of subdivision/condominium shall be
permitted provided that:
i)
the model home is located in the draft approved subdivision/
condominium plan;
ii)
the developer has entered into either a subdivision or model home
agreement with the Corporation;
iii)
the developer has entered into an agreement with the appropriate public
authority regarding the provision of sanitary sewer and water services;
and
iv)
the model home complies with all requirements of the zone category in
which it is located; and,
v)
the number of model homes to be constructed shall be specified within
the subdivision or model home agreement.
Notwithstanding the foregoing, in the alternative to a model home, one (1)
temporary sales office may be permitted on lands within a draft approved plan.
The temporary sales office shall be removed or cease operation not later than
the sale of the last lot or the occupation of the last dwelling. Such temporary
sales office shall not be used for human habitation.
10.33
PRIVATE HOME DAYCARE
By-law
No. 1823-2003-PL
Private Home Daycare shall be permitted as a Home Occupation within a
permanent single family dwelling house in any Zone category where a Home
Occupation is a permitted use.
10.34
OPEN STORAGE
By-law
No. 2209-2009-PL
Where the open storage of goods, materials, machinery, equipment or vehicles
is permitted, the following provisions shall be complied with:
a)
Such open storage shall be accessory to a permitted industrial use
carried on in an enclosed building or portion thereof, on the same lot;
b)
The area used for open storage shall not be more than twice the floor
area above grade of the permitted building, or portion of any such building
constructed upon the lot, and used for the industrial purposes for which
open storage is permitted, and in any event, such area for open storage
shall not be more than fifty (50) per cent of the lot area;
c)
If the interior side lot line or rear lot line of a lot upon which such open
storage is permitted abuts a Residential Zone, than a planting strip shall
be provided, along such abutting lot line or portion thereof, in accordance
with the requirements of planting strips in Subsection 10.21 hereof;
d)
Where lighting facilities are provided, they shall be so arranged as to
deflect the light onto the open storage area, and away from adjoining
properties and streets;
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151
e)
The area used for open storage shall be in addition to and separated from
the areas required for parking;
f)
The area used for open storage shall provide side and rear yards in
accordance with the provisions for the Zone in which the land is situated,
but in any event shall not be closer to any side or rear lot line than three
(3) metres);
g)
The area used for open storage shall be surfaced and maintained with
either concrete, asphalt, crushed stone and other hard surface and
dustless materials, or maintained as a lawn in a healthy growing
condition; and,
h)
Prior to the establishment of an area for the open storage, the owner shall
enter into a Site Plan Agreement with the municipality.
10.35
WELLHEAD PROTECTION AREAS
By-law
No. 2209-2009-PL
Notwithstanding any other provision of this by-law to the contrary, the uses
permitted within a wellhead protection area, as set out in the Township of Brock
Official Plan, shall be in accordance with the relevant provisions of the Region
of Durham Official Plan.
10.36
SOURCE PROTECTION WELLHEAD PROTECTION AREA & INTAKE
PROTECTION ZONE AREA OVERLAY
By-law
No. 2744-2017-PL
Notwithstanding any other provision of this by-law to the contrary, land uses
associated with any of the following activities shall not be permitted on those
lands identified on Plates "B1", "B2", and "B3" of this by-law until it has been
demonstrated to the satisfaction of the Risk Management Official, Region of
Durham Health Department or other duly qualified professional, through the
issuance of an approval, that the land use does not pose a significant drinking
water threat: the storing or handling of the following:
i.
agricultural source material;
ii.
commercial fertilizers;
iii.
dense non-aqueous phase liquids (DNAPLs);
iv.
fuel;
v.
livestock grazing and pasturing where the number of animals at any time
is sufficient to generate nutrients at an annual rate that is greater than
1.2 nutrient units / hectare;
vi.
non-agricultural source material;
vii.
private sewage systems;
viii.
organic solvents;
ix.
outdoor confinement of animals;
x.
pesticides;
xi.
road salt;
xii.
snow storage; and,
xiii.
waste disposal sites within the meaning of Part V of the Environmental
Protection Act, R.S.S. 1990, as amended (excluding the storage of
wastes described in clauses (p), (q), (r), (s), (t), and (u) of Regulation 347
of the Revised Regulations of Ontario 1990, and the storage of
hazardous or liquid industrial waste).
10.37
CANNABIS PRODUCTION AND PROCESSING
By-law
No. 3014-2021
Notwithstanding any other provision of this By-law to the contrary, where a
Cannabis Production and Processing Facility or a Medical Cannabis Production
Site is permitted, the following provisions shall apply:
a) Only one Cannabis Production and Processing Facility or one Medical
Cannabis Production Site shall be permitted on a single, conveyable lot;
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152
b) A Cannabis Production and Processing Facility or a Medical Cannabis
Production Site located within an enclosed building or structure shall be
equipped with an Air Treatment Control system;
c) Open storage of any goods, materials, or supplies associated with a
Cannabis Production and Processing Facility or a Medical Cannabis
Production Site shall be prohibited;
d) A building or structure used for security purposes for a Cannabis
Production and Processing Facility or a Medical Cannabis Production
Site may be located in the required front yard of the lot upon which the
Cannabis Production and Processing Facility or Medical Cannabis
Production Site is located and is not required to comply with the minimum
required front, side, or rear yard setbacks for the lot;
e) All development in relation to the establishment or expansion of a
Cannabis Production and Processing Facility or a Medical Cannabis
Production Site shall be subject to Site Plan Control;
f) No minor variance to the zoning requirements for a Cannabis Production
and Processing Facility or a Medical Cannabis Production Site shall be
permitted by the Committee of Adjustment and shall only be considered
by way of a Zoning Bylaw Amendment; and,
g) Separation distances between a Cannabis Production and Processing
Facility or a Medical Cannabis Production Site and any Residential Zone,
Community Facility (CF) Zone, Recreation (R) Zone or Open Space (OS)
Zone shall be measured from the edge of the nearest building or crop line
associated with the Cannabis Production and Processing Facility or
Medical Cannabis Production Site to the greater of either the nearest lot
line of a sensitive land use or the nearest zone boundary of any
Residential Zone, Community Facility (CF) Zone, Recreation (R) Zone or
Open Space (OS) Zone.
10.37.1
CANNABIS PRODUCTION IN INDUSTRIAL ZONES
By-law
No. 3014-2021
Notwithstanding any other provision of this By-law to the contrary, the following
additional requirements shall apply to a Cannabis Production and Processing
Facility or a Medical Cannabis Production Site that is permitted in an Industrial
Zone
a)
A Cannabis Production and Processing Facility or a Medical Cannabis
Production Site equipped with an Air Treatment Control system shall be
setback the greater of:
i)
70 metres from the zone boundary of any Residential Zone,
Community Facility (CF) Zone, Recreation (RE) Zone, or
Open Space (OS) Zone; or
ii)
150 metres from the nearest lot line of a sensitive land use.
10.37.2
CANNABIS PRODUCTION IN RURAL ZONES
By-law
No. 3014-2021
Notwithstanding any other provision of this By-law to the contrary, the following
additional requirements shall apply to a Cannabis Production and Processing
Facility or a Medical Cannabis Production Site in a Rural Zone:
a) A Cannabis Production and Processing Facility or a Medical Cannabis
Production Site equipped with an Air Treatment Control system shall be
setback the greater of:
i) 70 metres from the zone boundary of any Residential Zone,
Community Facility (CF) Zone, Recreation (RE) Zone, or Open
Space (OS) Zone; or
ii) 150 metres from the nearest lot line of a sensitive land use.
b)
An outdoor Cannabis Production and Processing Facility and a Medical
Cannabis Production Site not equipped with an Air Treatment Control
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153
system shall be setback a minimum of 300 metres from the nearest lot
line of a sensitive land use.
c)
Only one building or structure having a cement-based foundation of up
to a maximum of 200 square metres may be used in association with a
Cannabis Production and Processing Facility or a Medical Cannabis
Production Site on a single lot
10.38
AGRICULTURE-RELATED USES
By-law
No. 3396-2026
Where this By-law permits an Agriculture-Related Use, the following provisions
apply:
a) An agriculture-related use shall only be permitted where it is
demonstrated the proposed use satisfies the following criteria:
i.
Is a farm-related commercial or farm-related industrial use;
ii.
Is compatible with and will not hinder surrounding agricultural
operations;
iii.
Is directly related to farm operations in Brock, the Region and
neighbouring municipalities;
iv.
Will benefit from being in close proximity to farm operations;
v.
Supports agriculture; and
vi.
Provides direct products and/or services to farm operations as a
primary activity.
b) Agriculture-related uses shall not be permitted in key natural heritage
features or key hydrologic features except for expansions to existing
buildings and structures where it is demonstrated that there is no
alternative, the expansion into the feature is minimized and is directed
away from the feature to the maximum extent possible and the impact is
minimized and mitigated to the maximum extent possible.
c) A vegetation protection zone is to be maintained as natural self-
sustaining vegetation that is no less than thirty (30) metres for wetlands,
permanent and intermittent streams, fish habitat, and significant
woodlands.
d) The following maximum area requirements shall apply to agriculture-
related uses:
i.
Where the total lot area is 20.0 ha or greater, the maximum lot
coverage for an agriculture-related use shall be 30%.
ii.
Where the total lot area is less than 20.0 ha, the minimum
landscaped open space shall be 30%. For greater clarity, there
shall not be a maximum lot coverage requirement.
e) An agriculture-related use may not be permitted where the area it
occupies would cause the total area of on-farm diversified uses on the
same lot to exceed the maximum area permitted for on-farm diversified
uses.
f) An agriculture-related use is not subject to the Minimum Distance
Separation (MDS) Formulae.
g) Prior to an agriculture-related use being established on a property, site
plan control may be applicable to mitigate the impacts of items such as
but not limited to traffic, parking, emissions, noise, water and wastewater
usage, and consider relevant environmental approvals, landscaping,
buffering, size and scale.
h) The parking area location on a lot for an agriculture-related use shall be
according to the requirements of agricultural uses of this By-law. At
minimum, agriculture-related uses shall have two (2) required parking
spaces, one (1) of which shall be an accessible parking space. No off-
site parking shall be permitted.
i) Accessory open storage associated with an agriculture-related use shall
not be permitted within 10 metres of a side or rear lot line. Accessory
open storage is not permitted within the front or exterior yard.
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154
j) Any accessory open storage associated with an agriculture-related use
must be screened from view from a public street or a residential use on
an abutting lot.
10.39
ON-FARM DIVERSIFIED USES
By-law
No. 3396-2026
Where this By-law permits an on-farm diversified use, the following provisions
apply:
a) An on-farm diversified use shall only be permitted as secondary use to a
farm and located on the same lot as the farm, and shall be compatible
with, and not hinder, surrounding agricultural operations.
b) The requirements of this By-law as applicable to an on-farm diversified
use shall apply separately to each farm property.
c) Where there is more than one on-farm diversified use on a single farm
property, the requirements of this By-law as applicable to an on-farm
diversified use shall apply cumulatively for all on-farm diversified uses.
For greater clarity, the requirements applicable to an on-farm diversified
use shall apply separately to each individual farm property that may be
part of a farm operation.
d) On-farm diversified uses shall not exceed a combined total of 2% of the
total lot area of the Farm, up to a maximum of one (1) hectare.
e) On-farm diversified uses shall not be permitted in key natural heritage
features or key hydrologic features except for expansions to existing
buildings and structures where it is demonstrated that there is no
alternative, the expansion into the feature is minimized and is directed
away from the feature to the maximum extent possible and the impact is
minimized and mitigated to the maximum extent possible.
f) A vegetation protection zone is to be maintained as natural self-sustaining
vegetation that is no less than 30 metres for wetlands, permanent and
intermittent streams, fish habitats, and significant woodlands.
g) Where a farm contains an agriculture-related use, the area for the
agriculture-related use shall not be included in the area of the farm for the
purposes of calculating the maximum permitted area for on-farm
diversified uses. For greater clarity, the total area of an agriculture-related
use shall not contribute to the maximum permissible area of an on-farm
diversified use.
h) The combined maximum gross floor area of all buildings and/or structures
used for on-farm diversified uses shall not exceed 20% of the total area
permitted to be used for an on-farm diversified use.
i) Where an on-farm diversified use occupies an existing farm building or
structure that is more than ten (10) years old at the time of application,
only fifty percent (50%) of the floor area is counted in the area calculations
when determining the total area attributable to the on-farm diversified use.
j) The total area used for new parking or driveway access that is used solely
or exclusively for the on-farm diversified use shall be included in the total
area calculation.
k) Any existing driveways and parking areas shared with agricultural uses
and/or agriculture-related uses shall not be included in the area
calculation.
l) The parking area location on a lot for an on-farm diversified use shall be
according to the requirements of agricultural uses of this By-law. At
minimum, on-farm diversified uses shall have two (2) required parking
spaces, one (1) of which shall be an accessible parking space. An
agricultural event venue shall provide parking in accordance with the
assembly hall requirements outlined in the Parking Space Requirement
Table in Section 10.19. No off-site parking shall be permitted.
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155
m) Agricultural Event Venue
The total gross floor area used for an agricultural event venue that
includes a place of assembly whether located in a new or existing
building(s), shall not exceed 200 square metres. The events must not
detract from the principal farming operation or agricultural use(s) of the
property. Agricultural event venues that are beyond 200 square metres
shall be only permitted by an amendment to the Official Plan and Zoning
By-law.
n) On-Farm Accommodations
The maximum number of on-farm accommodations used for agri-tourism
on a farm is three (3), with the maximum gross floor area of 25.0 sq. m.
for a building or structure used as an on-farm accommodation.
On-farm accommodations shall be grouped together to the extent
possible and have minimal impact on the farm.
o) An on-farm diversified use must meet all applicable requirements,
including, but not limited to, the Ontario Building Code, the Ontario Fire
Code, the Health Department, and any other approval from an authority
or agency having jurisdiction, including the conservation authority in areas
regulated under the Conservation Authorities Act.
p) An on-farm diversified use is not subject to the Minimum Distance
Separation (MDS) Formulae, except for an on-farm accommodation.
q) Where a home industry is located on a farm, it shall be subject to the
provisions of this By-law regarding on-farm diversified uses. Where a
home industry is not located on a farm, it shall be subject to the provisions
of this By-law regarding home industries.
r) Prior to an on-farm diversified use being established on a farm, site plan
control may be applicable to mitigate the impacts of items such as but not
limited to traffic, parking, emissions, noise, water and wastewater usage,
and consider relevant environmental approvals, landscaping, buffering,
size and scale.
s) Accessory open storage associated with an on-farm diversified use shall
not be permitted within 10 metres of a side or rear lot line. Accessory open
storage is not permitted within the front or exterior side yard.
t) Any accessory open storage associated with an on-farm diversified use
must be screened from view from a public street or a residential use on
an abutting lot.
u) For the purposes of this by-law, the following uses are not considered
on-farm diversified uses:
i.
equipment or automotive dealerships and/or automotive repair,
hotels, landscape businesses, trucking yards;
ii.
uses with high water and sewage needs and/or that generate
significant traffic, such as food processors, distribution centres,
restaurants, banquet halls;
iii.
institutional uses (e.g., churches, schools, nursing homes,
cemeteries);
iv.
recreational facilities such as golf courses, soccer fields, ball
diamonds or arenas.