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THE CORPORATION OF THE
MUNICIPALITY OF BROCKTON
BY-LAW NUMBER NO. 2013-26
A BY-LAW TO REGULATE THE USE OF LAND AND THE ERECTION, USE, BULK, HEIGHT, SPACING
OF AND OTHER MATTERS RELATING TO BUILDINGS AND STRUCTURES AND TO RESTRICT
CERTAIN USES OF LAND AND THE ERECTION AND USE OF CERTAIN BUILDINGS AND STRUCTURES
IN THE MUNICIPALITY OF BROCKTON.
The Corporation of the Municipality of Brockton
P. O. Box 68
100 Scott Street
Walkerton, ON N0G 2V0
Tel: 519-881-2223
Force and Effect: March 25, 2013
Office Consolidations
October 2013, February 2014, December 2014, April2015, June 2015, July 2015, November
2016, December 2016, July 2017, September 2017, February 2018, July 2018, May 2023, April
2025
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MUNICIPALITY OF BROCKTON
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MARCH 25, 2013
TABLE OF CONTENTS
SECTION 1 - ADMINISTRATION ................................................................................................... 1
1.1 TITLE ............................................................................................................................... 1
1.2 ADMINISTRATION OF BY-LAW ........................................................................................... 1
1.3 AREA TO WHICH BY-LAW APPLIES ...................................................................................... 1
1.4 APPLICATION OF BY-LAW .................................................................................................. 2
1.5 CONTINUATION OF EXISTING MINOR VARIANCES ............................................................... 2
1.6 INTERPRETATION (TEXT) ................................................................................................... 2
1.6.1
Use of Words .......................................................................................................... 2
1.6.2
Typographical and Section Reference Corrections .................................................... 3
1.6.3
References to Other Legislation and Agencies .......................................................... 3
1.7 APPLICATIONS, PLANS AND PERMITS ................................................................................. 3
1.8 ENTRY AND INSPECTION ................................................................................................... 3
1.9 VIOLATIONS AND PENALTIES ............................................................................................. 3
1.10 VALIDITY/SEVERABILITY PROVISION ................................................................................. 4
1.11 LICENSES, PERMITS AND OTHER BY-LAWS ........................................................................ 4
1.12 GREATER RESTRICTIONS OF OTHERS TO GOVERN ............................................................. 5
1.13 PLAN OF SUBDIVISION ..................................................................................................... 5
1.14 EXAMPLES, ILLUSTRATIONS AND EXPLANATORY NOTES .................................................... 5
1.15 METRIC AND IMPERIAL MEASUREMENT............................................................................. 5
SECTION 2 - DEFINITIONS .......................................................................................................... 6
SECTION 3 - GENERAL PROVISIONS FOR ALL ZONES ................................................................. 36
3.1 PERMITTED USES IN ALL ZONES ....................................................................................... 36
3.1.1
Services and Utilities ............................................................................................. 36
3.1.2
Temporary Buildings & Construction Facilities ........................................................ 36
3.1.3
Ornamental Structures .......................................................................................... 37
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3.1.4
Signs and Signals .................................................................................................. 37
3.1.5
Sewage Disposal Systems ...................................................................................... 37
3.1.6
Multi-Purpose Use Recreational Trails .................................................................... 37
3.2 PUBLIC USES, BUILDINGS AND/OR STRUCTURES ............................................................... 37
3.3 BUFFER ON LANDS ADJOINING INDUSTRIAL or RESIDENTIAL USES/ZONES .......................... 38
3.4 NON-CONFORMING USES ................................................................................................ 39
3.5 NON-COMPLYING USES ................................................................................................... 39
3.5.1
Strengthening to a Safe Condition ......................................................................... 39
3.5.2
Permitted Extensions of Non-Complying Buildings ................................................. 39
3.5.3
Permitted Replacement of Non-Complying Buildings .............................................. 39
3.5.4
Existing Lots ......................................................................................................... 40
3.6 ACCESSORY BUILDINGS AND STRUCTURES ....................................................................... 40
3.6.1
Prohibited Structures ............................................................................................ 40
3.6.2
Use of Accessory Buildings and Structures ............................................................. 40
3.6.3
Location ............................................................................................................... 40
3.6.4
Height .................................................................................................................. 41
3.6.5
Number & Lot Coverage of Accessory Buildings & Structures .................................. 41
3.6.6
Establishment of an Accessory Building/Structure or Use ....................................... 42
3.7 NUMBER OF MAIN BUILDINGS PER LOT ............................................................................. 42
3.8
ACCESSORY DWELLINGS ............................................................................................... 42
3.8.1
Dwelling, Accessory Apartment ............................................................................. 42
3.8.2
Dwelling, Accessory Detached ............................................................................... 42
3.8.3
Dwelling, Additional Residential Unit ..................................................................... 43
3.8.4
Dwelling, Additional Residential Unit On Farm ....................................................... 44
3.9 HOME OCCUPATION - DOMESTIC & PROFESSIONAL USES.................................................. 44
3.10 HOME OCCUPATION - BED & BREAKFAST ESTABLISHMENT.............................................. 45
3.11 HOME INDUSTRY .......................................................................................................... 46
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3.12 HEIGHT RESTRICTIONS AROUND MUNICIPAL AIRPORT .................................................... 47
3.13 EXCEPTIONS TO MAXIMUM HEIGHT REGULATIONS .......................................................... 48
3.14 PERMITTED YARD ENCROACHMENTS ............................................................................. 48
3.15 PLANTING AREA/VISUAL SCREENING .............................................................................. 49
3.15.1
Required Locations ............................................................................................... 49
3.15.2
Height & Width of Planting Area/Visual Screening .................................................. 49
3.15.3
Interruption for Driveway or Walkway .................................................................... 49
3.15.4
Maintaining Sight Visibility Triangle ....................................................................... 50
3.16 LANDSCAPED OPEN SPACE ............................................................................................ 50
3.17 OPEN STORAGE & OUTDOOR DISPLAY AREAS- INDUSTRIAL/COMMERCIAL ZONES ............ 50
3.17.1
Open Storage Areas .............................................................................................. 50
3.17.2
Outdoor Display Areas .......................................................................................... 50
3.17.3
Lot Coverage ........................................................................................................ 51
3.17.4
Surface Treatment ................................................................................................. 51
3.17.5
Parking and Loading Spaces to be Preserved .......................................................... 51
3.17.6
Lighting ................................................................................................................ 51
3.18 REDUCTION OF REQUIREMENTS ..................................................................................... 51
3.19 FENCING OF PRIVATELY OWNED OUTDOOR SWIMMING POOLS ........................................ 52
3.20 WATERCOURSE SETBACKS ............................................................................................. 52
3.21 SETBACKS FROM DISPOSAL AREAS - WASTE & SEWAGE ................................................... 52
3.22 PROVINCIAL OR COUNTY STREET RIGHT-OF-WAY SETBACKS .......................................... 52
3.23 STREET ......................................................................................................................... 53
3.23.1
Streets - Class 1 ................................................................................................... 53
3.23.2
Streets - Class 2 ................................................................................................... 53
3.24 FRONTAGE ON A STREET (Building Permits .................................................................... 54
3.25 SIGHT TRIANGLES ......................................................................................................... 54
3.26 OFF-STREET PARKING REGULATIONS ............................................................................. 54
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3.26.1 Required Number of Parking Spaces ........................................................................... 54
3.26.2
Barrier Free Parking Spaces ................................................................................... 58
3.26.3
Calculation of Spaces ............................................................................................ 58
3.26.4
Size and Accessibility of Parking Spaces ................................................................. 59
3.26.5
Barrier Free Parking ............................................................................................... 59
3.26.6
Provisions and Location of Spaces ......................................................................... 59
3.26.7
Application of Parking Requirements ..................................................................... 60
3.26.8
Seating Accommodation by Benches or Outdoors ................................................... 60
3.26.9
Entrance [Driveways .............................................................................................. 60
3.26.10 Surfacing and Drainage of Parking Areas and Entrances ............................................ 61
3.26.11 Illumination of Parking Areas or Entrances ............................................................... 61
3.26.12 Parking /Storage of Recreational or Commercial Vehicles in a Residential Zone.......... 61
3.27 LOADING REGULATIONS ................................................................................................ 62
3.27.1
Access .................................................................................................................. 62
3.27.2
Loading Space Dimensions .................................................................................... 62
3.27.3
Location of Loading Space ..................................................................................... 62
3.27.4
Surface and Drainage of Spaces and Driveways ...................................................... 63
3.27.5
Application of Loading Space Requirements ........................................................... 63
3.27.6
Landscaping ......................................................................................................... 63
3.28 PROVISIONS FOR AN EXISTING MOBILE HOME NOT IN A MOBILE HOME PARK ................... 63
3.29 CONFLICTING REGULATIONS OR PROVISIONS ................................................................. 63
3.30 LIGHTING ..................................................................................................................... 63
3.31 DRAINAGE OF LOTS ...................................................................................................... 63
3.32 CERTIFICATE OF OCCUPANCY ....................................................................................... 63
3.33 SETBACKS FROM PRIVATE STREETS ................................................................................ 64
3.34 MINIMUM DISTANCE SEPARATION GUIDELINES (MDS....................................................... 64
3.35 ESTABLISHED BUILDING LINE ......................................................................................... 65
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3.36 GROUP HOMES ............................................................................................................. 65
3.37 THROUGH LOTS ............................................................................................................ 65
3.38 FLOOD FRINGE OVERLAY ............................................................................................... 65
3.38.1
Uses Permitted ...................................................................................................... 66
SECTION 4 - ESTABLISHMENT OF ZONES .................................................................................. 67
4.1 GENERAL ........................................................................................................................ 67
4.2 ZONE SYMBOLS .............................................................................................................. 67
4.3 SPECIAL USE PROVISIONS ................................................................................................ 68
4.4 SPECIAL HOLDING PROVISIONS ........................................................................................ 68
4.5 TEMPORARY USE BY-LAW ................................................................................................ 70
4.6 INCORPORATION OF ZONING MAP ................................................................................... 70
4.7 ZONING MAPS ................................................................................................................ 70
4.7.1
Boundaries of Zones ............................................................................................. 70
4.7.2
Other Boundary Features - Streets, Watercourses etc .............................................. 71
4.7.3
More Than One Zone on a Lot ............................................................................... 71
4.7.4
Notes on Schedule 'A' ........................................................................................... 72
SECTION 5 - GENERAL PROVISIONS FOR ALL AGRICULTURAL ZONES - A .................................. 73
5.1 DWELLINGS .................................................................................................................... 73
5.2 Surplus Farm Dwelling Severance .................................................................................... 73
5.3 WATERCOURSE/ENVIRONMENTAL PROTECTION ZONE SETBACK ........................................ 73
5.4 REQUIREMENTS FOR KENNELS ......................................................................................... 74
5.5 ACCESSORY BUILDINGS AND STRUCTURES - NON-FARM LOT ........................................... 74
5.5.1
Prohibited Structures ............................................................................................ 74
5.5.2
Use of Accessory Buildings and Structures ............................................................. 74
5.5.3
Location ............................................................................................................... 74
5.5.4
Height .................................................................................................................. 75
5.5.5
Number & Lot Coverage of Accessory Buildings & Structures .................................. 75
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5.5.6
Establishment of an Accessory Building/Structure or Use ....................................... 75
SECTION 6 - GENERAL AGRICULTURE (A1) ................................................................................ 76
6.1 USES PERMITTED............................................................................................................. 76
6.2 ZONE PROVISIONS .......................................................................................................... 76
6.3 SPECIAL PROVISIONS ....................................................................................................... 77
SECTION 7 - URBAN RESIDENTIAL ZONES (R1, R2 & R3) .......................................................... 112
7.1 SCOPE .......................................................................................................................... 112
7.2 USES PERMITTED........................................................................................................... 112
7.3 ZONE PROVISIONS - 'R1 & R2' ....................................................................................... 113
7.4 ZONE PROVISIONS - 'R3' ............................................................................................... 115
7.5 SPECIAL PROVISIONS - R1 ............................................................................................. 116
7.6 SPECIAL PROVISIONS - R2 ............................................................................................. 122
7.7 SPECIAL PROVISIONS - R3 ............................................................................................. 126
SECTION 8 - HAMLET RESIDENTIAL (HR) ................................................................................. 132
8.1 SCOPE .......................................................................................................................... 132
8.2 USES PERMITTED........................................................................................................... 132
8.3 ZONE PROVISIONS ........................................................................................................ 132
8.4 SPECIAL PROVISIONS ..................................................................................................... 134
SECTION 9 - INLAND LAKE RESIDENTIAL (LR) .......................................................................... 138
9.1 SCOPE .......................................................................................................................... 138
9.2 USES PERMITTED........................................................................................................... 138
9.3 ZONE PROVISIONS ........................................................................................................ 138
9.4 PROVISIONS FOR ISLAND DEVELOPMENT ........................................................................ 140
9.5 SPECIAL PROVISONS ...................................................................................................... 140
SECTION 10 - MOBILE HOME PARK RESIDENTIAL (MHP) .......................................................... 144
10.1 SCOPE ........................................................................................................................ 144
10.2 USES PERMITTED ......................................................................................................... 144
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10.3 ZONE PROVISIONS ...................................................................................................... 144
10.4 ADDITIONAL PROVISIONS - MOBILE HOME PARKS ........................................................ 145
10.5 SPECIAL PROVISIONS ................................................................................................... 146
SECTION 11 - HAMLET COMMERCIAL (HC) .............................................................................. 147
11.1 SCOPE ........................................................................................................................ 147
11.2 USES PERMITTED ......................................................................................................... 147
11.3 ZONE PROVISIONS ...................................................................................................... 148
11.4 ADDITIONAL PROVISIONS -Gasoline Pumps, Natural Gas and Propane Facilities ............ 148
11.5 OFF-STREET PARKING REGULATIONS ........................................................................... 148
11.6 SPECIAL PROVISIONS ................................................................................................... 149
SECTION 12 - TRAVEL TRAILER PARK AND CAMPGROUND (TTP) ............................................. 152
12.1 SCOPE ........................................................................................................................ 152
12.2 USES PERMITTED ......................................................................................................... 152
12.3 ZONE PROVISIONS ...................................................................................................... 152
12.4 ADDITIONAL PROVISIONS - TRAVEL TRAILER PARK AND CAMPGROUND ........................ 153
12.5 SPECIAL PROVISIONS ................................................................................................... 153
SECTION 13 - COMMERCIAL ZONES (C1, C2 & C3) .................................................................. 154
13.1 SCOPE ........................................................................................................................ 154
13.2 USES PERMITTED ......................................................................................................... 154
13.3 ZONE PROVISIONS ...................................................................................................... 156
13.4 ADDITIONAL PROVISIONS - Automobile Gas Bars & Automobile Service Stations ........... 157
13.5 SPECIAL PROVISIONS - C1 ........................................................................................... 157
13.6 SPECIAL PROVISIONS - C2 ........................................................................................... 161
13.7 SPECIAL PROVISIONS - C3 ........................................................................................... 162
SECTION 14 - GENERAL PROVISONS FOR INDUSTRIAL ZONES (BP1, BP2, HI, M2, ACI, RCI) ...... 164
14.1 Accessory Buildings & Structures ................................................................................ 164
14.2 Parking Requirements ................................................................................................. 164
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14.3 Loading Requirements ................................................................................................ 164
14.4 Water and Sewer Services ............................................................................................ 164
14.5 Planting Area/Visual Screening ................................................................................... 164
14.6 Landscaped Open Space ............................................................................................. 164
14.7 Open Storage & Outdoor Display ................................................................................ 164
14.8 Provincial or County Street Right-of-Way Setbacks ...................................................... 164
14.9 Multiple Buildings on One Lot ..................................................................................... 164
14.10 Offices Accessory to a Permitted Use ......................................................................... 165
14.11 Buffer on Lands Adjoining Industrial or Residential Uses/ Zones ................................ 165
14.12 All Outside Fuel Storage & Re-fuelling ....................................................................... 165
14.13 Minimum setbacks for gasoline pumps, natural gas and/ or propane facilities ............ 165
SECTION 15 - URBAN INDUSTRIAL ZONES (BP1, BP2, M1, M2) ................................................. 166
15.1 SCOPE ........................................................................................................................ 166
15.2 USES PERMITTED ......................................................................................................... 166
15.3 ZONE PROVISIONS ...................................................................................................... 168
15.4 SPECIAL PROVISIONS - M1 ........................................................................................... 169
15.5 SPECIAL PROVISIONS - BP1 .......................................................................................... 170
15.6 SPECIAL PROVISIONS - M2 ........................................................................................... 171
15.7 SPECIAL PROVISIONS - BP2 .......................................................................................... 172
SECTION 16 - HAMLET INDUSTRIAL (HI).................................................................................. 173
16.1 SCOPE ........................................................................................................................ 173
16.2 USES PERMITTED ......................................................................................................... 173
16.3 ZONE PROVISIONS ...................................................................................................... 173
16.4 SPECIAL PROVISIONS ................................................................................................... 174
SECTION 17- AGRICULTURE COMMMERCIAL INDUSTRIAL (ACI) ............................................... 175
17.1 SCOPE ........................................................................................................................ 175
17.2 USES PERMITTED ......................................................................................................... 175
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17.3 ZONE PROVISIONS ...................................................................................................... 175
17.4 SPECIAL PROVISIONS ................................................................................................... 176
SECTION 18- RURAL COMMERCIAL INDUSTRIAL (RCI) ............................................................. 188
18.1 SCOPE ........................................................................................................................ 188
18.2 USES PERMITTED ......................................................................................................... 188
18.3 ZONE PROVISIONS ...................................................................................................... 189
18.4 SPECIAL PROVISIONS ................................................................................................... 189
SECTION 19 - EXTRACTIVE INDUSTRIAL (M3) .......................................................................... 191
19.1 SCOPE ........................................................................................................................ 191
19.2 USES PERMITTED ......................................................................................................... 191
19.3 ZONE PROVISIONS ...................................................................................................... 191
19.4 ADDITIONAL PROVISIONS - EXTRACTIVE INDUSTRIAL ................................................... 191
19.5 SPECIAL PROVISIONS ................................................................................................... 192
SECTION 20 - RURAL AND URBAN INSTITUTIONAL (INR & IN) ................................................. 194
20.1 SCOPE ........................................................................................................................ 194
20.2 USES PERMITTED ......................................................................................................... 194
20.3 ZONE PROVISIONS ...................................................................................................... 194
20.4 SPECIAL PROVISIONS - INR .......................................................................................... 195
20.5 SPECIAL PROVISIONS - IN ............................................................................................ 197
SECTION 21- RURAL AND URBAN OPEN SPACE (OSR & OS) ..................................................... 198
21.1 SCOPE ........................................................................................................................ 198
21.2 USES PERMITTED ......................................................................................................... 198
21.3 ZONE PROVISIONS ...................................................................................................... 199
21.4 ADDITIONAL SETBACKS- GUN CLUB ............................................................................ 199
21.5 SPECIAL PROVISIONS - OSR ......................................................................................... 199
21.6 SPECIAL PROVISIONS - OS ........................................................................................... 200
SECTION 22 - WASTE DISPOSAL (WD) ..................................................................................... 201
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22.1 SCOPE ........................................................................................................................ 201
22.2 USES PERMITTED ......................................................................................................... 201
22.3 ZONE PROVISIONS ...................................................................................................... 201
22.4 PLANTING AREAS ........................................................................................................ 202
22.5 SPECIAL PROVISIONS ................................................................................................... 202
SECTION 23 - AIRPORT ZONE (AP) .......................................................................................... 203
23.1 USES PERMITTED ......................................................................................................... 203
23.2 ZONE PROVISIONS ...................................................................................................... 203
23.3 ADDITIONAL PROVISIONS - AIRPORT ZONE .................................................................. 203
23.4 SPECIAL PROVISIONS ................................................................................................... 204
SECTION 24 - ENVIRONMENTAL PROTECTION (EP) ................................................................. 205
24.1 SCOPE ........................................................................................................................ 205
24.2 USES PERMITTED ......................................................................................................... 205
24.3 STRUCTURES PROHIBITED ........................................................................................... 205
24.4 ZONE PROVISIONS ...................................................................................................... 205
24.5 SPECIAL PROVISIONS ................................................................................................... 206
SECTION 25- PLANNED DEVELOPMENT (PD) ........................................................................... 211
25.1 USES PERMITTED ......................................................................................................... 211
25.2 SPECIAL PROVISIONS ................................................................................................... 211
SECTION 26 - ENACTMENT ..................................................................................................... 212
26.1 CONFLICT WITH OTHER BY-LAWS ................................................................................ 212
26.2 REPEAL OF EXISTING BY-LAWS ..................................................................................... 212
26.3 EFFECTIVE DATE ......................................................................................................... 212
SCHEDULE 'A': ZONING MAPS
SCHEDULE 'B': HEIGHT RESTRICTIONS AROUND MUNICIPAL AIRPORT
APPENDIX 'A': Minimum Distance Separation (MDS) Formulae (including Implementation
MUNICIPALITY OF BROCKTON
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Guidelines, Calculation Forms and Factor Tables)
APPENDIX 'B': MANURE STORAGE AND LIVESTOCK FACILITY CALCULATIONS
Table 1: Calculation of Manure Storage Setback from Watercourses + Open Municipal Drains
Table 2: Calculation of Manure Storage Setbacks from Water Wells
Table 3: Calculation of Livestock Facility Setbacks from Water Wells
Table 4: Calculation of Livestock Facility Setbacks from Watercourses + Open Municipal Drains
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
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MARCH 25, 2013
THE CORPORATION OF THE
MUNICIPALITY OF BROCKTON
BY-LAW NO. 2013-26
A BY-LAW TO REGULATE THE USE OF LAND AND THE ERECTION, USE, BULK, HEIGHT, SPACING OF
AND OTHER MATTERS RELATING TO BUILDINGS AND STRUCTURES AND TO RESTRICT CERTAIN
USES OF LAND AND THE ERECTION AND USE OF CERTAIN BUILDINGS AND STRUCTURES FOR ALL
LANDS WITHIN THE BOUNDARY OF THE CORPORATION OF THE MUNICIPALITY OF BROCKTON.
WHEREAS the Council of the Corporation of the Municipality of Brockton consider it advisable to
restrict the use of land and the erection of buildings and structures on land situated within the
Municipality of Brockton.
AND WHEREAS The Council of the Corporation of the Municipality of Brockton further considers
it advisable to restrict and regulate the use of land situated within the defined areas, as
hereinafter designated, for the purpose of regulating and prohibiting development of particular
lands that would create an adverse effect on the Corporation, or would jeopardize future orderly
development and expansion, to produce areas of compatible characteristics, and to provide
protection for the residents against undesirable uses.
AND WHEREAS authority is granted under Section 34 of The Planning Act, 1990, to the Council of
the Municipality of Brockton to exercise such powers.
NOW THEREFORE the Council of the Corporation of the Municipality of Brockton amends as
follows:
SECTION 1 - ADMINISTRATION
-
1.1 TITLE
This By-Law may be cited as the Comprehensive Zoning By-Law of the Municipality of
Brockton.
-
1.2 ADMINISTRATION OF BY-LAW
This By-law shall be administered by the "Zoning Administrator".
-
1.3 AREA TO WHICH BY-LAW APPLIES
The provisions of this By-law shall apply throughout the former Township of Brant, former
Township of Greenock and former Town of Walkerton, Municipality of Brockton to the
extent of all lands contained within the limits of the zone boundaries as shown on the
Zoning Maps forming Schedule 'A' to this By-law.
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-
1.4 APPLICATION OF BY-LAW
No building or structure shall hereafter be erected or altered, and the use of any building,
structure or lot shall hereafter not be changed in whole or in part except in conformity
with the provisions of this By-Law.
-
1.5 CONTINUATION OF EXISTING MINOR VARIANCES
.1
Notwithstanding Section 26.2 (Repeal of Former By-laws), all minor variances granting
relief from the provisions of the Township of Brant Comprehensive Zoning By-law #2007-
60, the Township of Greenock Comprehensive Zoning By-law #98-22 and the Town of
Walkerton Comprehensive Zoning By-law #92-35 since March 25, 2011 shall remain
in
force and effect but shall expire in two (2) years from the date of passage of this By-law.
A building permit may be issued by the CBO provided that the terms and conditions of
any decision of the Committee of Adjustment or the Ontario Municipal Board have been
complied with.
.2
Any appeal(s) to the Ontario Municipal Board to a minor variance that granted relief from
the provisions of the Township of Brant Comprehensive Zoning By-law #2007-60, or the
Township of Greenock Comprehensive Zoning By-law #98-22 or the Town of Walkerton
Comprehensive Zoning By-law #92-35 that is not in force and effect as of the date of
passage of this By-law shall be litigated/reviewed/dealt with in reference to the By-law
under which the minor variance was approved.
.3
All minor variances applied for prior to the enactment of this By-law and finally approved
pursuant to Section 45 of the Planning Act or its predecessor continue to apply and remain
in force and effect from March 25, 2011 up to the date of passage of this By-law and for
an additional two (2) years from the date of passage of this By-law as if they are variances
to this By-law for lawfully existing lots, buildings or structures. The continuation of
existing minor variances applies to the Township of Brant Comprehensive Zoning By-law
#2007-60, the Township of Greenock Comprehensive Zoning By-law #98-22 and the
Town of Walkerton Comprehensive Zoning By-law #92-35.
-
1.6 INTERPRETATION (TEXT)
1.6.1 Use of Words
.1 The particular shall control the general;
.2
The word "shall" is mandatory and not discretionary; and the word "may" is permissive;
.3
Words used in the present tense shall include the future; and words used in the singular
number shall include the plural and the plural shall include the singular, unless the
context clearly indicates the contrary;
.4 A "Building" or "Structure" includes any part thereof.
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1.6.2 Typographical and Section Reference Corrections
.1
No amendment to this By-law shall be required in order for the Corporation to make
typographical changes or changes to section references where, in the opinion of the
Corporation, such corrections do not affect the intent of the By-law.
1.6.3 References to Other Legislation and Agencies
.1
Where this By-law makes reference to legislation of the Government of Ontario or the
Government of Canada, such reference shall be deemed to include any and all
amendments or successors or changes in the titles, numbering, or regulations there
under. Where this By-law makes reference to the jurisdiction of a public agency and where
the name or responsibilities of said public agency are changed, the said reference shall
be deemed to include any and all successors to such public agency or legislation.
Reference to MDS I or MDS II formulae shall be deemed to include the most current
standards.
-
1.7 APPLICATIONS, PLANS AND PERMITS
.1
In addition to all the requirements of the Corporation's Building By-Law or any other By-
Law of the Corporation, every application for a building permit shall be made in
compliance with the Ontario Building Code Act.
-
1.8 ENTRY AND INSPECTION
Upon reasonable grounds, an officer duly appointed by the Corporation may enter and
inspect any property on, or in respect of which, he or she believes a contravention of this
By-law is occurring subject to the requirements and prescriptions of the Planning Act
-
1.9 VIOLATIONS AND PENALTIES
Every person who contravenes or who causes or permits any contravention of any of the
provisions of this By-law is guilty of an offence and on conviction is liable to the penalties
prescribed by Section 67 of the Planning Act, R.S.0. 1990 Chapter P.13, as amended.
Explanatory Note:
An officer duly appointed by the Corporation shall not enter any room or place used
as a dwelling unit without the consent of the owner or without a warrant issued
pursuant to The Provincial Offences Act.
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Explanatory Note:
The following is an excerpt from Section 67 of The Planning Act, R.S.O. 1990:
67. (1) Every person who contravenes section 41, section 46, subsection 49 (4) or
section 52 or who contravenes a by-law passed under section 34 or 38 or an order
made under section 47 and, if the person is a corporation, every director or officer of
the corporation who knowingly concurs in the contravention, is guilty of an offence
and on conviction is liable,
a) on a first conviction to a fine of not more than $25,000; and
b) on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
the person was first convicted. 1994, c. 2, s. 48.
Corporation
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
a) on a first conviction a fine of not more than $50,000; and
b) on a subsequent conviction a fine of not more than $25,000 for each day or
part thereof upon which the contravention has continued after the day on which
the corporation was first convicted, and not as provided in subsection (1).
Order of prohibition
(3) Where a conviction is entered under subsection (1), in addition to any other remedy
or any penalty provided by law, the court in which the conviction has been entered,
and any court of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted. R.S.O. 1990, c. P.13,
s. 67 (2, 3).
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1.10
VALIDITY/SEVERABILITY PROVISION
Should any section, subsection, sentence, clause, phrase or provision of this By-Law be
held by a court of competent jurisdiction to be invalid, the validity of the remainder of the
By-Law shall not be affected.
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1.11
LICENSES, PERMITS AND OTHER BY-LAWS
Nothing in this By-Law shall exempt any person from complying with the requirements of
the Building By-Law and the Ontario Building Code or any other By-Law, Regulation, or
Act in force with the Corporation, County, Provincial or Federal government or from
obtaining any licence, permission, permit, authority or approval required by this or any
other By-Law of the Corporation, County, Provincial or Federal government unless
hereinafter specifically stated.
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
5
MARCH 25, 2013
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1.12
GREATER RESTRICTIONS OF OTHERS TO GOVERN
Nothing in this By-Law shall reduce the severity of restrictions lawfully imposed by a
government authority having jurisdiction to make such restrictions.
-
1.13
PLAN OF SUBDIVISION
Notwithstanding any of the provisions of this By-law, no building permits are to be issued
for any lands for which a plan of subdivision has been submitted to the County of Bruce,
pursuant to Section 51 of the Planning Act, 1990, R.S.O. Chapter P.13 until such time as
the plan of subdivision has been registered.
-
1.14
EXAMPLES, ILLUSTRATIONS AND EXPLANATORY NOTES
Examples, Illustrations, Notes, and Explanatory Notes are for the purpose of clarification
and convenience and do not form part of this By-law.
-
1.15
METRIC AND IMPERIAL MEASUREMENT
All measurement figures used in the By-Law shall be metric measurement. The
approximate imperial equivalents to the metric measurements used in this By-Law are
shown in brackets following each such metric measurement and are provided as an
'Explanatory Note'.
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
6
MARCH 25, 2013
SECTION 2 DEFINITIONS
Definition Index (for convenience only, does not form part of this By-Law)
A
Abattoir
Accessory
Adventure Game
Agricultural Produce Warehouse
Agriculturally Related
Commercial/Industrial Use
Agriculture General
Agritainment
Aircraft Hangar
Airport
Alter
Assembly Hall
Attached
Automobile Car Wash
Automobile Gas Bar
Automobile Repair Establishment
Automobile Sales Establishment
Automobile Service Station
Automobile Wrecking Yard
B
Basement
Bed & Breakfast Establishment
Boat House
Boat Launching & Docking
Building
Building By-Law
Building Setback
Bulk Fuel Depot
Bulk Sales Establishment - Agricultural
Bus Depot
Business or Professional Office
C
Campground
Campsite
Carport
Catastrophe
Cellar
Cemetery
Centre Line
Chief Building Official
Child Care
Child Care Centre
Clinic
Commercial College
Commercial Motor Vehicle
Commercial Motor Vehicle Repair
Establishment
Commercial Use
Commercial Use
Composting Facility
Computer/Data Processing Centre
Conservation Area
Construction Trailer
Contractor's Yard
Convenience Store
Corporation
Council
County
Cross Country Ski Facility
D
Daylight Triangle
Driveway
Dwelling
Dwelling, Additional Residential Unit
Dwelling, Additional Residential Unit On
Farm
Dwelling, Converted
Dwelling, Duplex
Dwelling, Garden Suite
Dwelling, Multiple
Dwelling, Non-Farm
Dwelling, Seasonal
Dwelling, Semi-Detached
Dwelling, Single Detached
Dwelling, Townhouse
Dwelling, Townhouse Street
Dwelling, Townhouse Cluster
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
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MARCH 25, 2013
Dwelling, Accessory Apartment
Dwelling, Accessory Detached
Dwelling, Apartment Building
E
Educational Facility
Erect
Erected and Erection
Existing
Existing, Lot
F
Factory Sales Outlet
Farm Implement Establishment
Farm Implement Repair
Fitness Centre
Flood fringe
Floodplain
Floodway
Floor Area, Ground
Floor Area, Gross
First Livestock Facility
Food Processing, Primary
Food Processing, Secondary
Forestry/Silvaculture
Funeral Home
G
Garden Centre
Golf Course
Golf Course, Miniature or Miniature Golf
Course
Golf Driving Range
Grade
Greenhouse
Greenhouse, Commercial
Gross Floor Area
Ground Floor Area
Group Home - Type One
Group Home - Type Two
Gun Club
H
Hazardous Substances
Height
Home Child Care
Home Industry
Home Occupation
Horse-Drawn Carriage Community
Hotel/Motel
I
Industrial Use
Industrial Use, Dry or Dry Industrial Use
Industry, Light
Institution
Institutional Use
K
Kennel
L
Landscaped Open Space
Lane
Licensed Marihuana Growing Facility
Livestock
Livestock Assembly Yard
Livestock Auction Barn
Livestock Facility
Loading Space
Lot
Lot Area
Lot Corner or Corner Lot
Lot Coverage - Accessory Buildings and
Structures
Lot Coverage - Main Building
Lot Frontage
Lot, Interior or Interior Lot
Lot Line
Lot Line, Exterior or Exterior Lot Line
Lot Line, Front or Front Lot Line
Lot Line, Rear or Rear Lot Line
Lot Line, Side or Side Lot Line
Lot, Through or Through Lot
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
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MARCH 25, 2013
M
Main Building
Marine,
Recreation
and
Small
Engine
Establishments
Manufacturing
Manure or Material Storage
Minimum Distance Separation Formulae
Mobile Home
Mobile Home Site
Mobile Home Park
Mobile Home Park Open Space
Mobile Home Park Road
Motor Home
Motor Vehicle
Municipal Complex
Municipal Drain
Municipal Drain, Open
Municipal Drain, Enclosed
N
Non-Conforming
Non-Complying
Non-Farm Lot
Non-Residential
Nuisance
Nursery
Nutrient Unit (NU)
O
Open Storage
Outdoor Display Area
P
Park Model Trailer
Parking Area
Parking Lot
Parking Space
Parking Space, Angle
Parking Space, Electric Vehicle
Parking Space, Parallel
Person
Personal Service Establishment
Pit
Place of Entertainment
Planting Area
Portable Asphalt Plant
Portable Concrete Plant
Principal
Principal Building or Structure
Private Garage
Private Street
Public Garage
Public Park
Public Building
Public Utility
Public Utility Building
Q
Quarry
R
Recreation Centre
Recycling Centre
Recycling Depot
Rental Establishment
Research Establishment/Laboratory
Residential Care Facility
Residential Use
Restaurant
Restaurant, Take-Out
Restaurant, Portable Food Outlet
Retail Floor Area
Retail, Large Format
Retail Store
Riding Stable/Equestrian Centre
Rural Residential Cluster
S
Salvage Yard
Saw or Planing Mill
School Bus
School Bus Storage
Septic Tank Service
Service Establishment
Setback
Sewage Disposal System, Communal
Sewage Disposal System
Sewage Disposal System - Tertiary Sewage
Treatment Unit
Sewage Treatment Plant
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
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MARCH 25, 2013
Site Plan
Sight Visibility Triangle
Snowmobile Club
Solid Waste Disposal Site
Storey
Storey, Half
Street
Structure
Swimming Pool
T
Tavern
Tent
Tillable Hectares
Trades Person
Trades Person's Shop
Transport Depot
Transport Trailer
Travel Trailer
Travel Trailer Sales Establishment
Truck-Trailer
U
Unlicensed Child Care
Use
V
Vehicle, Electric
Veterinary Clinic
Veterinary Clinic - Small Animal
Video Outlet/Rental Establishment
W
Warehouse
Warehouse, Mini Storage
Watercourse
Water Lot
Water System, Municipal
Wayside Pit or Wayside Quarry
Y
Yard
Yard, Exterior Side or Exterior Side Yard
Yard, Front or Front Yard
Yard, Rear or Rear Yard
Yard, Side or Side Yard
Z
Zone
Zoning Administrator
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
10
MARCH 25, 2013
DEFINITIONS
For the purposes of this By-Law, the definitions and interpretations given in this section shall
govern.
"ABATTOIR" means a building or structure specifically designed or intended to accommodate the
temporary penning/or slaughtering of live animals and the preliminary processing of animal
carcasses and may include the packing, treating, storing and sale of the product on the premises.
"ACCESSORY" means a use, building or structure subordinate, incidental and exclusively devoted
to the principal use, building or structure located on the same lot therewith and not designed or
intended for human habitation unless specifically permitted elsewhere in this By-Law.
"ADVENTURE GAME" means lands, buildings or structures used for sport or recreation whereby
the participants engage in mock battles to capture a flag, paintball games or similar activities.
"AGRICULTURAL PRODUCE WAREHOUSE" means a building or part of a building used for the
storage of agricultural produce and may include facilities for wholesale distribution or an
accessory retail commercial outlet for the sale of such agricultural produce to the general public.
"AGRICULTURALLY RELATED COMMERCIAL/INDUSTRIAL USE" means farm related commercial and
farm related industrial uses that are small scale and directly related to a farm operation and are
required to be in close proximity to a farm operation.
"AGRICULTURE GENERAL" means the growing of crops, including nursery 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.
"AGRITAINMENT" means the use of land, buildings or structures for the purpose of a 'u-pick' fruit
and/or vegetable operation, food preparation and service that is associated with the primary
agricultural use on the land only, livestock shows/demonstrations, plowing matches, maze(s),
sleigh/wagon rides, and other entertainment all of a temporary or seasonal nature, but shall not
include any other use herein defined.
"AIRCRAFT HANGAR" means a building or structure designed and used for the storage and
maintenance of aircraft.
"AIRPORT" means the use of land, including water, runway or other facility designed, used or
intended to be used for the landing and taking off of aircraft including all necessary taxiways,
aircraft storage, tie-down areas, hangar and other buildings and structures.
"ALTER" when used in reference to a building or part thereof, means 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
change the width, depth, or area of any required yards setback, landscaped open space or
parking area, to change the location of any boundary of such lot with respect to a street, private
street, lane, whether such alteration is made by conveyance or alienation of any portion of said
lot, or otherwise. The word "altered" and "alteration" shall have a corresponding meaning.
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
11
MARCH 25, 2013
"ASSEMBLY HALL" means a building or part of a building in which facilities are provided for such
purposes as meetings for civic, educational, political or social purposes and may include
functions involving the consumption of food and drink.
"ATTACHED" when used in reference to a building, means a building otherwise complete in itself
that depends for structural support or complete enclosure upon a division wall or division walls
shared in common with adjacent building or buildings.
"AUTOMOBILE CAR WASH" means a lot, building or structure used solely for the washing and
cleaning of motor vehicles and shall not include any other automobile use defined in this By-law.
"AUTOMOBILE GAS BAR" means a lot containing not more than eight fuel/propane pumps and
may include a subsidiary convenience store or a kiosk structure that is operated in conjunction
with an "automobile gas bar" for the sale of fuel but shall not include any other automobile use
or retail use defined in this By-Law.
"AUTOMOBILE REPAIR ESTABLISHMENT" means a building and/or lot used for the servicing, repair,
cleaning, polishing and greasing of 'motor vehicles' and may include motor vehicle body repair
and painting, but shall not include any other automobile use defined in this By-Law.
"AUTOMOBILE SALES ESTABLISHMENT" means a building and/or lot used for the display and sale
of new or used 'motor vehicles' and may include the servicing, repair, cleaning, polishing, oiling
and greasing of motor vehicles, the sale of automotive accessories and related products and the
leasing or renting of 'motor vehicles', but shall not include any other automobile use defined in
this By-Law.
"AUTOMOBILE SERVICE STATION" means a building and/or lot used for the servicing, repair,
cleaning, polishing, oiling and greasing of 'motor vehicles' and may include motor vehicle body
repair, painting, the sale of sundry items incidental to the operation of a motor vehicle and a
'Automobile Gas Bar' but shall not include any other automobile use defined in this By-Law.
"AUTOMOBILE WRECKING YARD" means a building and/or lot used for the wrecking or dismantling
of 'motor vehicles' and 'commercial motor vehicles' and for the storage and sale of scrap material,
salvage and parts obtained therefrom but does not include any other automobile use defined in
this By-Law or a 'Salvage Yard'.
"BASEMENT" means that portion of a building or structure partially below ground level and having
at least 50% of its height above average finished grade.
"BED & BREAKFAST ESTABLISHMENT" means a Home Occupation operated in accordance with the
provisions of Section 3.10.
"BOAT HOUSE" means a building or structure or part thereof, used for the storage of private boats
and equipment accessory to their use, as an accessory use to a residential use, no part of which
shall be used as a dwelling or commercial purposes.
"BOAT LAUNCHING & DOCKING" means a structure that is used to take a boat into or out of a
navigable waterway, or to moor a boat. The definition includes a launching ramp, boat lift, or
dock but does not include any building or fuel pumps or any boat servicing, repair or sales facility.
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
12
MARCH 25, 2013
"BUILDING" means any structure other than a fence being a permanent edifice fixed to, or
supported by the soil, and used or intended to be used for the shelter, accommodation or
enclosure of persons, animals or chattels.
"BUILDING BY-LAW" means any "Building By-Law" within the meaning of the Ontario Planning Act
and the Ontario Building Code Act.
"BUILDING SETBACK" means the minimum horizontal distance between a lot line and the nearest
part of any building or structure on the lot.
"BULK FUEL DEPOT" means the use of land, buildings or structures for the storage and distribution
of fuels, gases, oils, and wood and may include as an accessory use a commercial card/key lock
facility but shall not include any other use defined in this By-Law.
"BULK SALES ESTABLISHMENT - AGRICULTURAL" means the use of land, buildings or structures
for the purposes of buying, selling, storing, grading and handling of seed, feed, fertilizer and
other agricultural products in bulk quantities and may include a cleaning and drying facility,
scales, and an administration building.
"BUS DEPOT" means a lot, building or structure where commercial motor vehicles pick up and
discharge fare paying passengers, and may include as an accessory use a ticked office, a
restaurant, luggage checking and/or parcel shipping.
"BUSINESS OR PROFESSIONAL OFFICE" means any building or part thereof in which one or more
persons are employed in the management, direction or conducting of an agency, business,
brokerage, or labour organization and includes a bank or trust company, post office, and a
government office but shall not include a 'retail store', 'manufacturing', repair or display or any
other use herein defined.
"CAMPGROUND" means a lot used year-round for the parking and use of recreational travel
trailers, park model trailers or similar transportable accommodations, but not including a 'mobile
home'. All sites will be used for seasonal or intermittent accommodations and will not be used
as a principle residence or permanent place of residence. A Campground may include a swimming
pool, convenience store, Laundromat, miniature golf course, playground, athletic play fields,
tennis or badminton courts, and an administrative building for the campground. Off-season
storage of travel trailers, tent trailers, or similar transportable accommodation shall be permitted.
"CAMPSITE" means a parcel of land within a campground intended for occupancy by motor homes,
travel trailers, tents or similar transportable accommodation together with all yards and open
space defined in this By-Law, but shall not include a mobile home or park model trailer.
"CARPORT" means a covered structure attached to the wall of the principal building and used for
the storage of 'motor vehicles'.
"CATASTROPHE" for the purposes of Minimum Distance Separation guideline calculations means
an unanticipated, disastrous loss of part, or all, of a livestock facility due to fire, collapse, flood,
wind, or other such event.
"CELLAR" means the portion of a building or structure partially below ground level and having
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
13
MARCH 25, 2013
51% or more of its height below average grade level.
"CEMETERY" means a cemetery, crematorium or columbarium within the meaning of The
Cemetery Act of Ontario.
"CENTRE LINE" means the centre line of any 'street', railway, roadway, 'lane', railway rightofway
or 'private street'.
"CHIEF BUILDING OFFICIAL" means the officer or employee appointed by By-Law of the
Corporation of the Municipality of Brockton charged with the duty of enforcing the provisions of
the Building By-Law of the Corporation, Building Code Act and its applicable regulations.
"CHILD CARE' means the temporary care for, or supervision of, a child including providing for a
child's safety, well-being or development, in the absence of the child's parent and for a
continuous period that does not exceed 24 hours, in accordance with the Child Care and Early
Years Act, 2014, including any amendments, or its successor.
'CHILD CARE CENTRE' means a business that has obtained the proper licensing from the Province
to operate a licensed child care centre for the provision of temporary care for or supervision of a
child including providing for a child's safety, well-being or development, in the absence of the
child's parent and for a continuous period that does not exceed 24 hours, in accordance with the
Child Care and Early Years Act, 2014 including any amendments, or its successor.
"CLINIC" means a lot, building, or structure that is used by physicians, dentists or all other
licensed practitioners and their staff for the purpose of consultation, diagnosis and treatment of
outpatients and may include administrative offices, waiting areas, treatment rooms, laboratories,
pharmacies, and dispensaries directly associated with the facility.
"COMMERCIAL COLLEGE" means a lot, building, or structure used for a private career college
operating under the Private Career Colleges Act S.O. 2005.
"COMMERCIAL MOTOR VEHICLE" means a vehicle having a gross weight or registered gross weight
of more than 4500 kilograms, or a bus capable of carrying more than 10 passengers but shall
not include an ambulance, a fire apparatus, a hearse, a motor home, travel trailers or a vehicle
commonly known as a tow truck.
"COMMERCIAL MOTOR VEHICLE REPAIR ESTABLISHMENT" means a building and/or lot used for
the servicing, repair, cleaning, washing, polishing and greasing of 'commercial motor vehicles'
and 'truck-trailers' and may include body repair, welding and painting but shall not include any
other automobile use defined in this By-Law.
"COMMERCIAL USE" means the use of land, building or structure for the purpose of buying and/or
selling commodities and supplying services, such as automotive service stations, car washes,
convenience retails shops, Hotel/Motel, shopping centers and supermarkets.
"COMPOSTING FACILITY" means an industrial facility whose primary purpose is the composting
of food, and/or organic materials, and/or sewage sludge but shall not include the composting
of animal or livestock remains.
"COMPUTER/DATA PROCESSING CENTRE" means a building or part of a building used for the
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
14
MARCH 25, 2013
input, processing and printing of computerized data or engaged primarily in service transactions
electronically or through a communication medium and without limiting the generality of the
foregoing, may include such establishments as credit card information centres, virtual banking
services, on-line services and telephone solicitation services, but shall not include any walk-in or
off-the-street traffic or any retail or manufacturing of goods for sales.
"CONSERVATION AREA" means an area of land owned by a public authority and managed for the
purposes of preserving and improving the natural features of the environment and without
limiting the foregoing may include such uses as a picnic area, historic site, athletic fields,
camping, interpretive centre, maintenance buildings and other such similar uses.
"CONSTRUCTION TRAILER" means a building or structure that is designed to be made mobile and
drawn by a separate vehicle, and is used for the purpose of storage or administration on a site
while building construction is taking place.
"CONTRACTOR'S YARD" means a lot, building or structure used by a construction company or
contractor as a depot for storage and maintenance of equipment used by the company or
contractor but does not include the wholesale or retail sale of construction materials or supplies,
home improvement supplies or a 'Trades Person's Shop'.
"CONVENIENCE STORE" means an establishment not exceeding 140 m2 (1500 ft2) of gross floor
area in which articles for sale are restricted to a limited range of primarily food items such as
milk, bread, soft drinks, ice cream, canned and bottled goods, snacks and candy, frozen meat
and to complement such items may include the sale of magazines, toiletries, tobacco products.
A convenience store may also include a catalogue outlet, pharmacy, post office outlet or similar
type uses.
"CORPORATION" means the Corporation of the Municipality of Brockton.
"COUNCIL" means the Municipal Council of the Corporation.
"COUNTY" means the Corporation of the County of Bruce.
"CROSS COUNTRY SKI FACILITY" means the use of land, buildings or structures for the purpose
of providing facilities for the sport of cross country skiing and which may include a 'restaurant',
maintenance buildings, and administration building(s) if located on the same property and are
considered accessory uses.
"DAYLIGHT TRIANGLE" means a triangular area formed by measuring from the curb lines or
projection thereof at a street intersection, four (4.0m) metres along one curb line; twenty (20.0m)
metres along the opposite curb line, and joining such points with a straight line.
"DRIVEWAY" means a vehicular passageway having at least one end thereof connected to a Class
1 or Class 2 Street and providing ingress to and/or egress from a lot.
"DWELLING" means one or more rooms used or intended for the domestic use of one or more
individuals living as a single house-keeping unit that is provided with cooking, living, sleeping
and sanitary facilities. A dwelling shall not include any mobile home, park model trailer,
construction trailer, travel trailer, hotels/motels, and a home for the aged, nursing home, or
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
15
MARCH 25, 2013
hospital.
a) "DWELLING, ADDITIONAL RESIDENTIAL UNIT" means a residential dwelling unit either
wholly contained within a 'Dwelling, Single Detached', a 'Dwelling, Semi-detached' or a
'Dwelling, Townhouse Street', or wholly contained within an accessory building on a lot
containing a 'Dwelling, Single Detached', a 'Dwelling, Semi-detached' or a 'Dwelling,
Townhouse Street'.
b) "DWELLING, ADDITIONAL RESIDENTIAL UNIT ON FARM" means an additional dwelling unit
located on an agriculture lot on which a 'Dwelling, Accessory Detached' is already
established. A 'Dwelling, Additional Residential Unit On Farm' may be located within or
attached to a 'Dwelling, Accessory Detached', an accessory building, or may be in the
form of a second 'Dwelling, Accessory Detached' on the lot.
c) "DWELLING, CONVERTED" means an existing dwelling constructed as a 'dwelling, single
detached' or 'dwelling, semi-detached' on an existing lot in which the number of dwelling
units has been increased without significant alteration to the exterior of the building
except for the required fire escapes, extra windows and entrances to a maximum of 10
percent (10%) of the dwelling or 30 m2 (320 ft2), whichever is the lesser, and provided that
the building, when converted, complies with the provisions of this By-law.
d) "DWELLING, DUPLEX" means the whole of a building that is divided horizontally into two
separate dwellings each of which has an independent entrance either directly from the
outside or through a common vestibule.
e) "DWELLING, GARDEN SUITE" means a 'dwelling, single detached' accessory to a principal
'dwelling unit' that provides temporary accommodation to meet the housing needs of
elderly parents, family members with special needs, or other similar individuals, on the
same lot as the caregivers and is portable.
f)
"DWELLING, MULTIPLE" means a residential dwelling that is divided into three but not more
than five dwelling units wherein each unit is accessed by way of a common entrance and
an internal staircase or hallway from inside.
g) "DWELLING, NON-FARM" means a dwelling not located on the same lot as an agricultural
use.
h) "DWELLING, SEASONAL" means a dwelling not located on a Class 1 Street notwithstanding
that it may be designed and/or constructed for year round or permanent human
habitation.
i)
"DWELLING, SEMI-DETACHED" means two attached dwellings divided vertically by a
common wall, each of which has an independent entrance directly from the outside.
j)
"DWELLING, SINGLE DETACHED" means a dwelling constructed and used as a principle
residence of the owner or occupant thereof and is intended for permanent occupancy and
is designed and/or constructed for year round or permanent human habitation.
k) "DWELLING, TOWNHOUSE" means a residential dwelling divided vertically into three or
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
16
MARCH 25, 2013
more residential dwelling units, each dwelling unit having an independent front and rear
entrance immediately abutting the front and rear walls of each dwelling unit:
1) "DWELLING, TOWNHOUSE STREET" means a 'Dwelling, Townhouse' on a separate
lot where each dwelling unit has frontage onto a Class 1 or Class 2 Street.
2) "DWELLING, TOWNHOUSE CLUSTER" means a 'Dwelling, Townhouse' on one lot
where each dwelling unit does not have frontage onto a Class 1 or Class 2 Street.
l)
"DWELLING, ACCESSORY APARTMENT" means one or more dwelling units subordinate and
incidental to the principal building or structure located on the same lot therewith, and
which is constructed as part of the permitted Non-Residential Use principal building or
structure.
m) "DWELLING, ACCESSORY DETACHED" means a dwelling detached from and subordinate
and incidental to the principal use, building or structure located on the same lot therewith.
n) "DWELLING, APARTMENT BUILDING" means a residential dwelling that contains five or
more residential dwelling units that have a common entrance front street level and are
served by a common corridor or hallway from inside.
"EDUCATIONAL FACILITY" means a public school, separate school, commercial or vocational
school, university or college, or a private school operating under the Education Act RSO 1990.
"ERECT" when used in this By-Law includes building, construction, reconstruction and relocation
and, without limiting the generality of the word, also includes:
a) any preliminary physical operation, such an excavating, filling or draining;
b) altering any existing building or structure by an addition, enlargement, extension or other
structural change; and
c) any work for the doing of which a building permit is required under The Ontario Building
Code.
"ERECTED" AND "ERECTION" shall have a corresponding meaning.
"EXISTING" unless otherwise indicated, means legally existing on the date of passing of this By-
Law.
"EXISTING, LOT" unless otherwise indicated, means existing on the date of passing of this By-
Law. For the purposes of this By-Law, any existing lot which is of a lesser size than that required
by this By-Law or which has been increased in size through consent of the Bruce County Land
Division Committee, shall be deemed to be an 'existing lot'. Further, any lot which is reduced in
size through acquisition via a conveyance pursuant to Section 50 (3) (c) or 50 (5) (d) of the
Planning Act or consent of the Bruce County Land Division Committee to a size which is less than
that required by this By-Law, shall also be deemed to be an 'existing lot'.
"FACTORY SALES OUTLET" means an accessory use to an 'Industrial Use' in which the goods,
wares, or merchandise manufactured on the premises is offered for sale.
"FARM IMPLEMENT ESTABLISHMENT" means the use of land buildings or structures for the sale of,
storage or repair of new or used agricultural equipment and machinery directly associated with
Definitions
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the operation of a farm and may include as an accessory use the display, sale, storage, servicing,
and repair of snowmobiles, ATV's, small engines, and lawn care equipment and related products
but does not include any other use(s) defined herein.
"FARM IMPLEMENT REPAIR" means the use of land buildings or structures for the sale of, storage
or repair of new or used agricultural equipment and machinery directly associated with the
operation of a farm but do not include any other use(s) defined herein.
"FITNESS CENTRE" means a building in which facilities are provided for recreational athletic
activities including but not limited to body-building and exercise classes, and may include
associated facilities such as a sauna, swimming pool and solarium.
"FLOOD FRINGE" means the outer portion of the 'floodplain' between the 'floodway' and the
flooding hazard limit. Depths and velocities of flooding are generally less severe in the flood
fringe than those experienced in the floodway.
"FLOODPLAIN" means the area, usually low lands adjoining a 'watercourse', which has been or
may be subject to flooding hazards.
"FLOODWAY" means the portion of the 'flood plain' where development and site alteration would
cause a danger to public health and safety or property damage.
"FLOOR AREA, GROUND" means the maximum area of a building measured to the outside walls
at grade excluding in the case of a residential dwelling, areas such as a parking garage/structure,
carport, porch and/or veranda, sun room (unless such sun room is habitable at all seasons of the
year), and any other non-habitable areas.
"FLOOR AREA, GROSS" means the aggregate of the area of all floors measured from the inside
face of exterior walls but excludes any detached accessory buildings, a breezeway, unenclosed
sunroom, porch and/or veranda, attic, cellar, basement, mezzanine areas, mechanical rooms,
common walls, stair wells, garbage and electrical rooms, parking garage/structures and similar
service areas accessory to the main use.
"FOOD PROCESSING, PRIMARY" means the use of lands, buildings or structures for a 'Industrial
Use, Dry' where orchard, berry, row or field crops are washed, cleaned, screened, sifted graded,
waxed, or crushed but excludes any further processing.
"FOOD PROCESSING, SECONDARY" means the use of lands, buildings or structures for a 'Industrial
Use, Dry' where agricultural produce including orchard, berry, row, field crops, meat and poultry
products, are washed, cleaned, dusted, waxed, cooked, steamed, fermented or otherwise
prepared and packaged and may include the storage and sale of the finished product on the
premises but shall not include an abattoir or any other use defined herein.
"FORESTRY/SILVACULTURE" means the management and care of trees and the harvesting of them
or parts thereof for commercial purposes, and without limiting the generality of the foregoing
includes the use of a saw mill provided the timber being milled originates on the same parcel of
land the saw mill is operating.
"FUNERAL HOME" means a commercial use for the purpose of furnishing funeral supplies and
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services to the public and includes facilities for the preparation of deceased human bodies for
interment or cremation.
"GARDEN CENTRE" means the use of land, buildings or structures where trees, shrubs, and plants
are grown or stored for the purpose of transplanting or for the purpose of retail sale or wholesale,
and include the sale of soil, planting materials, fertilizers or similar materials, lawn and garden
equipment or lawn furnishings.
"GOLF COURSE" means a public or private area operated for the purpose of playing golf and may
include a 'miniature golf course', 'restaurant', 'golf driving range', maintenance buildings and
administration buildings.
"GOLF COURSE, MINIATURE" or "MINIATURE GOLF COURSE" means an area of land or a building,
structure or premises or part thereof operated for profit or gain as a commercial place of
amusement in which facilities are provided to simulate the game of golf or any aspect of the
game on a small scale, but does not include a golf driving range or golf course.
"GOLF DRIVING RANGE" means an open air recreation facility where the sport of golf is practised
from individual tees and which may include accessory structures to house the tees, a kiosk for
golf balls and golf club rentals and a structure from which the golfers tee-off.
"GRADE"
a) When used with reference to a building or structure, means the average finished ground
elevation immediately adjoining the wall or walls in question or the base of the structure
exclusive of any artificial embankment.
b) When used with reference to a 'street', means the finished elevation of such 'street', road
or highway as established by the Corporation or other authority having jurisdiction.
"GREENHOUSE" means a building wherein the temperature and humidity can be regulated for the
cultivation of vegetables, fruit, flowers, plants, shrubs, trees and similar vegetation.
"GREENHOUSE, COMMERCIAL" means a building for the growing of vegetables, fruit, flowers,
plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on
the same lot containing such greenhouse, but are sold directly from such building at wholesale
or retail.
"GROUP HOME - TYPE ONE" means a building or structure in which not more than five (5) residents
with special care needs such as: seniors, individuals who are developmentally and/or physically
challenged or mentally ill, individuals requiring respite or convalescent care; live under
responsible supervision consistent with the requirements of its residents. Residents do not
include supervisory staff or a receiving family.
"GROUP HOME - TYPE TWO" means a building or structure in which not more than five (5)
residents who have been placed on probation under the statutes of Ontario or Canada, who have
been released on parole under the statutes of Ontario or Canada, individuals recovering from
substance abuse, or who are admitted to the Group Home for correctional purposes reside.
Residents do not include supervisory staff. A Group Home - Type Two is licensed and/or funded
under Federal or Provincial Statute and in compliance with applicable Municipal By-Laws.
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"GUN CLUB" means lands, buildings or structures used for target practice by use of a firearm. A
gun club shall not include provisions for overnight accommodations or for the preparation and
serving of full course meals.
"HAZARDOUS SUBSTANCES" means substances which, individually, or in combination with other
substances, are normally considered to pose a danger to public health, safety and the
environment. These substances generally include a wide array of materials that are toxic,
ignitable, corrosive, reactive, radioactive, or pathological.
"HEIGHT" when used with reference to a building or structure means the vertical distance between
the average grade at the front of such building or structure to the highest point therein exclusive
of any ornamental dome, chimney, tower, cupola, steeple, Place of Worship spire, water storage
tank, electrical apparatus, television or radio antenna, or structure for the mechanical equipment
required for the operation of such building or structure. Without limiting the generality of the
foregoing, the highest point shall be taken as:
a) In the case of a flat roof, the highest point of the roof surface or parapet, whichever is the
greater;
b) In the case of a mansard roof, the deck roof line;
c) In the case of a gable, hip or gambrel roof, the mean height between the eaves and the
ridge.
d) Where the height is designated in terms of storeys, it means the designated number of
storeys above and including the first storey.
e) Where a dormer, dormers or similar features exist or are proposed and where those
features exceed 50% of the total roof area, the height of the roof shall be measured as the
mean height between the lowest part of the dormer and topmost part of the roof.
"HOME CHILD CARE" means 'Child Care' provided in a single detached dwelling, semi-detached
dwelling or duplex dwelling by one or more child care provider(s) that is regulated by a home
child care agency.
"HOME INDUSTRY" means an occupation or business conducted for gain or profit as a secondary
use to the main permitted use within a dwelling and/or accessory building and operated in
accordance with Section 3.11.
"HOME OCCUPATION" means an occupation or business conducted for gain or profit as a
secondary use to the main permitted use within a dwelling and operated in accordance with
Section(s) 3.9 or 3.10.
"HORSE-DRAWN CARRIAGE COMMUNITY" means a group of people whose primary mode of
transportation is by the use of horse or horses and a carriage.
"HOTEL/MOTEL" means a building or structure used primarily for the purposes of catering to the
needs of the traveling public by furnishing temporary or transient sleeping accommodation. A
Hotel/Motel shall not have less than 6 guest rooms and may include permanent staff quarters,
meeting rooms, recreational facilities, 'restaurant', and housekeeping units, but does not include
Definitions
MUNICIPALITY OF BROCKTON
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any other establishments otherwise defined or classified in this By-Law.
"INDUSTRIAL USE" means the use of any land, building or structure for the purpose of
manufacturing, assembling, making, packaging, preparing, inspecting, ornamenting, finishing,
treating, altering, repairing, warehousing, storing or adapting for sale any goods, substance,
article or thing, or any part thereof, and the storage of building or construction equipment and
materials, as distinguished from the buying and selling of commodities and the supplying of on-
site personal services.
"INDUSTRIAL USE, DRY" or "DRY INDUSTRIAL USE" means an 'Industrial Use' which does not utilize
process waters and which does not produce waste waters from the industrial process or utilizes
a closed loop/recycled water system which does not produce waste waters from the industrial
process and includes such uses as welding shops, blacksmith shops, wood fabricating,
warehousing or similar uses.
"INDUSTRIAL USE, LIGHT" means the use of land, buildings or structures for the purpose of an
'Industrial Use' which is wholly enclosed within a building or structure, except for parking and
loading facilities and outside storage accessory to the permitted uses, and which in its industrial
operations does not result in emission from the building of odours, smoke, dust, gas, fumes,
noise, cinder, vibrations, heat, glare or electrical interference.
"INSTITUTIONAL USE" means the use of land, buildings, structures or portions thereof, for public
or social purposes and, without limiting the generality of the foregoing, may include
governmental, religious, educational, charitable, philanthropic, hospitals, nursing homes, public
or private schools and nursery schools, or other similar uses.
"KENNEL" means a place where dogs are bred and raised and are sold or kept for sale or boarded.
"LANDSCAPED OPEN SPACE" means an open unobstructed space at grade on a lot which is suitable
for the growth and maintenance of grass, flowers, bushes and other landscaping and includes
any patio or similar area but does not include any driveway, curb, or parking area.
"LANE" means a 'street' or 'private street' that affords only a secondary means of access to the
lots abutting thereon.
'Licensed Marihuana Growing Facility' means a federally-licensed facility used for the cultivation,
processing, testing, destruction, packaging or shipping of marihuana within enclosed and
detached buildings and which are compliant under the federal government's Marihuana for
Medical Purposes Regulations or any subsequent legislation which may be enacted."
"LIVESTOCK" means dairy, beef, swine, poultry, horses, goats, sheep, ratites, fur-bearing animals,
deer & elk, game animals, birds, and other animals identified in Table 1 of the Minimum Distance
Separation formulae.
"LIVESTOCK ASSEMBLY YARD" means a lot, building, structure or confined land area for
temporarily holding livestock for shipping.
"LIVESTOCK AUCTION BARN" means a lot, building, structure or confined land area used as a
livestock auction facility and may include the auction of agriculturally related chattels on an
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incidental or accessory basis only.
"LIVESTOCK FACILITY" means barn(s), building(s) or structure(s) where livestock are housed;
including the associated 'manure or material storage' structure(s).
"LOADING SPACE" means 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.
"LOT" means a parcel of land that can be conveyed without further approval.
"LOT AREA" means the total horizontal area within the lot lines of a lot, excluding the horizontal
area of such lot permanently covered by water. In the case of corner lots having a 'street' line
rounding of a radius 6.0 metres (20 ft.) or less, the lot area of such lot shall be calculated as if
the lot lines were produced to their point of intersection.
"LOT CORNER" or "CORNER LOT" means a Lot situated at the intersection of and abutting two or
more streets, or parts of the same street, including any reserve area where the inside angle of
intersection or projected angle at intersection of the tangents of the street lines is less than 135
degrees except for a Lot located at the commencement of a cul-de-sac where the angle exceeds
135 degrees.
"LOT COVERAGE - ACCESSORY BUILDINGS AND STRUCTURES" means that percentage of the lot
area covered by accessory buildings and structures above finished grade level and permanent
above or below ground swimming pools and shall not include sewage disposal systems.
"LOT COVERAGE - MAIN BUILDING" means that percentage of the lot area covered by buildings or
structures, excluding accessory buildings or structures above finished grade level and excluding
permanent above or below ground swimming pools and shall not include sewage disposal
systems.
"LOT FRONTAGE" means the horizontal distance between the side lot lines, measured along the
front lot line, but where the front lot line is not a straight line or where the side lot lines are not
parallel, the lot frontage is to be measured by a line set at the 'front yard setback' requirement
of the applicable zone back from and parallel to the chord of the lot frontage and for the purpose
of this definition the chord of the lot frontage is a straight line joining the two point where the
side lot lines intersect the front lot line.
Refer to the end of Section 2 for Lot Frontage illustrations.
"LOT, INTERIOR" or "INTERIOR LOT" means a lot other than a corner lot and having frontage on
one 'street' only.
"LOT LINE" means any boundary of a lot.
"LOT LINE, EXTERIOR "or "EXTERIOR LOT LINE" means any lot line other than a front lot line or rear
lot line abutting a 'street', or 'lane'.
"LOT LINE, FRONT" or "FRONT LOT LINE" in the case of an interior lot, means the line dividing
the lot from a 'street', or 'lane'. In the case of a corner lot, the shorter lot line abutting a
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MUNICIPALITY OF BROCKTON
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'street' shall be deemed the front lot line and the longer lot line abutting a 'street' shall be
deemed an exterior lot line. In the case of a 'through lot', each lot line dividing the lot from a
'street', 'private street', or 'lane' shall be deemed to be a 'front lot line'.
"LOT LINE, REAR" or "REAR LOT LINE" means the lot line farthest from and opposite to the front
lot line or where the lot is triangular, the point of intersection of the side lot lines.
"LOT LINE, SIDE" or "SIDE LOT LINE" means any lot line other than a front lot line or rear lot line.
"LOT, THROUGH" or "THROUGH LOT" means a lot bounded on opposite sides by a 'street', 'private
street', or 'lane' but does not include a corner lot.
"MAIN BUILDING" means the building designed or used for the principal use on the lot.
"MARINE, RECREATION AND SMALL ENGINE ESTABLISHMENTS" means a building, structure and/or
lot used for the display, sale, storage, servicing, repair, cleaning, polishing and lubricating of
boats, motorcycles, snowmobiles, ATV's, lawn care equipment, marine engines and related
products, or the leasing or renting of any of the above.
"MANUFACTURING" means compounding, processing, packing, crating, bottling, packing,
assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing,
or adapting for sale any good, substance, or article, or any part thereof.
"MANURE OR MATERIAL STORAGE" means a permanent storage(s), which may or may not be
associated with a 'livestock facility' containing liquid manure (<18% dry matter), solid manure (≥
18% dry matter), or digestate. Permanent storages may come in a variety of:
-
locations (under, within, nearby, or remote from barn);
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materials (concrete, earthen, steel, wood);
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coverings (open top, roof, tarp1 or other materials);
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configurations and shapes; and
-
elevations (above, below or partially above grade).
"MINIMUM DISTANCE SEPARATION FORMULAE" means a formulae developed by the Province of
Ontario to separate uses so as to reduce incompatibility concerns about odour from livestock
facilities.
"MOBILE HOME" means a unit constructed or manufactured to provide for year round occupancy
and is designed to be transported from one site to another. A mobile home does not include a
'park model home', 'motor home', 'travel trailer' or other similar accommodation. A mobile home
shall be distinguished from other forms of prefabricated transportable housing by reason of a
design which permits and features ready transfer from place to place whereas the latter are
intended to be moved once only to a final location.
"MOBILE HOME SITE" means land within a mobile home park intended for occupancy by one
mobile home together with all yards and open space required by this By-Law.
"MOBILE HOME PARK" means land containing two or more mobile home sites and which is under
single management and ownership and which is designed and intended for residential or seasonal
use where such residential occupancy is in mobile homes exclusively. A mobile home park may
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
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MARCH 25, 2013
include an administrative and sales office for the mobile home park and a recreation building for
the exclusive use of residents of the mobile home park.
"MOBILE HOME PARK OPEN SPACE" means a space within a mobile home park designed and
intended as a place of recreation for the common use by the residents of such mobile home park,
and which may or may not be open to the general public on an equal basis.
"MOBILE HOME PARK ROAD" means a space within a mobile home park designed and intended as
a means of vehicular access to abutting mobile home site(s); such mobile home park road may
or may not be open to the general public on an equal basis.
"MOTOR HOME" means a self-propelled motor vehicle used exclusively for travel, recreation and
vacation and which is capable of being used for the temporary sleeping, eating and
accommodation of persons.
"MOTOR VEHICLE" means a vehicle for which a permit has been issued under vehicle permit
legislation that is: an automobile, a motor home, a bus or truck having a gross weight or
registered gross weight of less than 4500 kilograms, a bus capable of carrying less than 10
passengers, or a trailer other than a 'truck-trailer'.
"MUNICIPAL COMPLEX" means the use of buildings and lands comprised of municipal offices,
multi-purpose community centre, sports fields, arena and accessory uses.
"MUNICIPAL DRAIN" means a drainage work as defined by The Drainage Act, R.S.O 1990, as
amended from time to time.
"MUNICIPAL DRAIN, ENCLOSED" means a 'municipal drain', which is enclosed as a pipe, culvert or
similar means of conveyance.
"MUNICIPAL DRAIN, OPEN" means a 'municipal drain' that is not enclosed in a pipe, culvert or
similar means of conveyance but shall not include a covered drainage work.
"NON-CONFORMING" means a building or structure legally existing as of the date of the passing
of this By-law, which is used for purposes not permitted by this By-Law.
"NON-COMPLYING" means a permitted use, building or structure legally existing as of the date
of the passing of this By-law, which does not comply with a provision or provisions of their
respective zone.
"NON-FARM LOT" means a lot that is less than 4.0 hectares (9.9 ac.) in size.
"NON-RESIDENTIAL" means designed, intended or used for a purpose other than a dwelling or a
mobile home.
"NUISANCE" means any condition existing that is or may become injurious or dangerous to health
or that prevents or hinders or may prevent or hinder in any manner the suppression of disease.
"NURSERY" means land used for the growing of sod, flowers, bushes, trees, vegetables, berry fruit
crops, mushrooms, plants, shrubs, or other gardening, landscaping or orchard stock together
with gardening tools and implements which are sold at wholesale or retail.
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MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
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"NUTRIENT UNIT (NU)" means an amount of nutrients that give a fertilizer replacement value of
the lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient (as defined in
Ontario Regulation 267/03 made under the Nutrient Management Act, 2002).
"OPEN STORAGE" means the storage of goods, merchandise or equipment, in the open air and in
unenclosed portions of buildings, which are open to the air on the sides. Open Storage does not
include motor vehicles, commercial motor vehicles, travel trailers, boats, recreational vehicles,
tractors and other similar on or off road vehicles provided all are in working order and are
displayed for retail/wholesale purposes.
"OUTDOOR DISPLAY AREAS" means a portion of a lot used for the display or exhibition in an
orderly manner, completely assembled or finished products sold by the principle use located on
the same lot.
"PARK MODEL TRAILER" means a recreational unit, constructed to a seasonal occupancy standard.
"PARKING AREA" means that part of a lot required to satisfy the Off Street Parking Regulations of
this By-Law but shall not include any other parking use defined herein.
"PARKING LOT" means an area provided for the parking of motor vehicles and/or commercial
motor vehicles and includes aisles, parking spaces and related ingress and egress lanes but shall
not include any part of a 'street' 'private street', or 'lane'.
"PARKING SPACE" means a space enclosed in a principal or accessory building or unenclosed, that
is available for the parking of a 'motor vehicle' and which is accessible from a 'street' 'private
street', or 'lane'.
"PARKING SPACE, ANGLE" means a parking space which is accessed from an aisle or driveway and
which permits the entry or exit from said parking space without the need to travel over any other
parking space.
"PARKING SPACE, ELECTRIC VEHICLE" means a space enclosed in a principal or accessory building
or unenclosed, that is available for the parking of an electric vehicle which is constructed and
equipped with an appropriate electric vehicle charging device, which is accessible from a 'street',
'private street' or 'lane' for the purpose of charging an electric vehicle.
"PARKING SPACE, PARALLEL" means a parking space that is accessed from an aisle, street or
driveway that is beside and runs the same direction as the aisle, street or driveway.
"PERSON" means any human being, association, firm or partnership, incorporated company,
corporation, agent or trustee, and the heirs, executors or other legal representatives of a person
to whom the context can apply according to law.
"PERSONAL SERVICE ESTABLISHMENT" means a business that is associated with the grooming or
health or persons or the maintenance or repair of personal wardrobe articles and accessories and
may include a barber shop, beauty parlour, aestheticians, health care clinic, shoe repair, self-
service laundry, depots for collecting dry cleaning and laundry and similar uses and where the
retail sale of goods, wares, merchandise or articles is only accessory to the provisions of such
services.
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"PIT" means lands licensed under the Aggregate Resources Act where unconsolidated gravel,
stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of
an open excavation to supply material for construction, industrial or manufacturing purposes,
but does not include a 'Wayside Pit'.
"PLACE OF ENTERTAINMENT" means a motion picture or other theatre, arena, auditorium, hall,
billiard or pool room, bowling alley, ice or roller skating rink, dance hall or music hall, arcade,
indoor miniature golf, indoor sport simulator, indoor paintball, indoor playcenter, trampoline
park, wall climbing, axe throwing, martial arts, racquet sports, laser game or the like, or other
similar indoor recreation uses but does not include any place of entertainment or amusement
otherwise defined or classified in this by-law. A place of entertainment may also include the
offering for sale, serving and consumption of food or drinks, which may include alcohol where
appropriately licensed.
"PLANTING AREA" means the space on a lot upon which shrubs, trees, flowers, or grass are grown
in accordance with the provisions of this By-Law.
"PORTABLE ASPHALT PLANT" means a facility with equipment designed to heat and dry aggregate
and to mix aggregate with bituminous asphalt to produce asphalt paving material and includes
stockpiling and storage of bulk materials used in the process, and which is not of permanent
construction but which is to be dismantled at the completion of the construction project.
"PORTABLE CONCRETE PLANT" means a building or structure with equipment designed to mix
cementing materials, aggregate, water and admixtures to produce concrete, and includes
stockpiling and storage of bulk materials used in the process; and which is not of permanent
construction, but which is designed to be dismantled at the completion of the construction
project.
"PRINCIPAL" when used to describe a use, building or structure, means a use, building or
structure, one to which any other is subordinate and constitutes the main use of a lot therewith.
"PRINCIPAL BUILDING or STRUCTURE" means the building or structure in which is conducted the
principal use of the lot on which it is situated.
"PRIVATE GARAGE" means a detached accessory building or portion of a dwelling designed and
used for the sheltering of private motor vehicles, travel trailers, boats, and the storage of
household equipment incidental to the residential occupancy and in which no business,
occupation or service is conducted.
"PRIVATE STREET" means a right-of-way over private property that affords access to abutting lots
that is not under the jurisdiction of the Corporation, County or Province.
"PUBLIC GARAGE" means a lot, building or structure used by a county, municipal, provincial
government or 'public utility' for the storage and servicing of 'public utility' equipment; vehicles;
road construction and maintenance equipment; outdoor storage of utility poles, wire, road
construction materials and other assorted materials and may include an administration office and
fuel pumps.
"PUBLIC PARK" means an area of land, playground or play fields which is operated by or for a
Definitions
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
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MARCH 25, 2013
public agency, and which may include therein one or more athletic fields, field houses, bleachers,
swimming pools, wading pools, bandstands, outdoor ice skating rinks, tennis or badminton
courts, bowling greens, fairgrounds, picnic area, historic site, interpretive centre, maintenance
buildings or other such similar uses.
"PUBLIC BUILDING" means any building or structure owned or leased by the Corporation, County,
any local board or commission of either the Corporation or the County, any Conservation
Authority, any Ministry or Commission of the Province of Ontario or the Government of Canada,
and in which office or general administration activities are conducted and may include a public
library.
"PUBLIC UTILITY" means any water works, sewerage works, gas works, electric heat, light or power
works, telegraph and telephone lines, cable television lines, and works for the transmission of
gas, oil, water or electrical power or energy, or any similar works supplying the general public
with necessary services or conveniences.
"PUBLIC UTILITY BUILDING" means a lot, building or structure used in conjunction with the supply
of a 'public utility' including a municipal water supply well, a water or sewage pumping station,
a water treatment facility, a water storage reservoir, a gas regulator building, a hydro substation,
a telephone building for exchange, long distance or repeater uses.
"QUARRY" means lands licensed under the Aggregate Resources Act where consolidated rock has
been or is being removed by means of an open excavation to supply materials for construction,
industrial or manufacturing purposes, but does not include a 'Wayside Quarry'.
"RECREATION CENTRE" means the use of land, buildings or structures for the purpose of active
leisure activities and shall include an arena, swimming pool, community centre, curling rink,
outdoor ice rink, and other such similar uses.
"RECYCLING CENTRE" means a facility that is not a 'salvage yard' and in which recoverable
resources such as electronics, newspapers, glassware, plastics, metal cans etc., are collected,
stored, flattened, crushed or bundled to be taken to another site for further processing.
"RECYCLING DEPOT" means a building, structure or lot used for the temporary collection of
recyclable materials prior to transhipment but does not include a 'recycling centre'.
"RENTAL ESTABLISHMENT" means a lot, building or structure where equipment generally used for
residential, commercial and industrial construction and maintenance are offered for rent or lease.
"RESEARCH ESTABLISHMENT/LABORATORY" means a building or structure that includes facilities
for scientific research, investigation, testing, or experimentation, but not facilities for the
manufacture or sale of products, except as incidental to the main purpose of the laboratory.
"RESIDENTIAL CARE FACILITY" means a building or structure wherein lodging, meals, personal
care, nursing services, and medical care and treatment may be provided for gain or profit or as a
charitable public service and includes a rest home or a convalescent home, but does not include
a hotel, motel or hospital as defined herein.
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"RESIDENTIAL USE" means the use or intended use of land, buildings or structures for human
habitation.
"RESTAURANT"
a) "Restaurant" means a building or structure or part thereof used to prepare food and offer
for sale for immediate consumption within the building or structure, or adjacent patio and
may include an accessory take-out service.
b) "Restaurant, Take-Out" means a building or structure or part thereof where food is
prepared and offered for sale to the public to be taken out and/or delivered, for
consumption off the premises or consumed on an adjacent patio.
c) "Restaurant, Portable Food Outlet" means a trailer, tent or vehicle that is designed to be
made mobile, from which food is prepared and offered for sale to the public for
consumption outside. A Portable Food Outlet may only be permitted in accordance with
the Corporation's Licensing By-Law if applicable.
"RETAIL FLOOR AREA" means the aggregate of the areas of all rooms where goods and services
are made available for sale but shall not include storage areas or other commercial uses.
"RETAIL, LARGE FORMAT" means a structure, building or part thereof in which goods, wares,
merchandise, substances, articles or things are offered or kept for sale at retail provided the
building or structure in which the use is contained exceeds the 'Floor Area, Gross' of 278.7 m2
(3,000 ft2) and does not include any establishment otherwise defined or classified in this By-law.
"RETAIL STORE" means a building or part of a building in which goods, wares, merchandise,
substances, articles or things are offered or kept for sale at retail but does not include any
establishment otherwise defined or classified in this By-Law.
"RIDING STABLE/EQUESTRIAN CENTRE" means the use of buildings or structures for the boarding
of horses, exercising of horses, the training of horses and riders, a tack shop, and the staging of
equestrian events, but shall not include the racing of horses.
"RURAL RESIDENTIAL CLUSTER" for the purposes of Minimum Distance Separation guideline
calculations means four, or more, adjacent rural lots, generally one hectare or less in size, sharing
a common contiguous boundary. Lots located directly across a road from one another shall be
considered as having a common boundary. Rural residential clusters are not considered
Settlement Areas, unless designated as such in a municipal official plan.
"SALVAGE YARD" means 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 an 'Automobile Wrecking Yard'.
"SAW OR PLANING MILL" means a building, structure or area where timber is cut, sawed or milled,
either to finished lumber or as an intermediary step and may include facilities for the kiln drying
of lumber, an administrative office and the temporary storage of timber and the finished product.
"SCHOOL BUS" means a vehicle for transporting persons to or from school as defined in the
Highway Traffic Act, R.S.O., Chapter 202, as amended.
Definitions
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"SCHOOL BUS STORAGE" includes a lot and/or premises for the storage of school buses.
"SEPTIC TANK SERVICE" means a lot, building or structure used for the temporary storage of
septage, the storage/rental of portable toilets/privy's and the sale of holding tanks and related
materials, the parking/servicing of sewage collection vehicles and an administration office. The
term septage includes septic tank solids, holding tank and portable toilet wastes from Residential,
Commercial, Institutional and Industrial Uses.
"SEWAGE" means the waste
water, septage and matter
from residential,
commercial,
institutional, and industrial uses.
a) "Sewage Disposal System, Communal" means a system of underground conduits operated
privately which takes sewage to a place of treatment which meets with the approval of the
Chief Building Official and/or the Grey-Bruce Health Unit or the Ministry of the
Environment whichever has jurisdiction.
b) "Sewage Disposal System" means a Class 4 or Class 6 system or any other system
deemed acceptable as defined by regulations under the Ontario Building Code Act by the
Chief Building Official or the Ministry of the Environment, whichever has jurisdiction.
c) "Sewage Disposal System - Tertiary Sewage Treatment Unit" means a treatment unit that
is designed so that the effluent does not exceed the following criteria:
Parameter Tertiary Effluent(1)
BOD5
15
CBOD5
10
Suspended Solids 10
(1) Maximum concentration based on 30 day averages in milligrams per Litre (mg/L)
d) "Sewage Treatment Plant" means a facility that meets the approval of the Ministry of the
Environment used for treatment of residential, commercial, institutional, or industrial
sewage.
"SERVICE ESTABLISHMENT" shall mean a building or part of a building for the servicing or repairing
of articles, goods or materials, and in which no product is manufactured, and sales are accessory
to the main use; but does not include automotive or marine service establishments.
"SETBACK" means the shortest horizontal distance from a specified line to the nearest part of any
building or structure on a lot.
"SITE PLAN" means a scale drawing prepared to illustrate the relation between the lot lines and
the uses, buildings or structures existing or proposed on a lot, including but not limited to such
details as parking areas, walkways, landscaped areas, lighting, building areas, minimum yards,
floor areas, easements, drainage contours, and areas for special uses.
"SIGHT VISIBILITY TRIANGLE" means an area free of motor vehicles, commercial motor vehicles,
buildings, planting areas or structures and which does not contain a fence, hedge or trees over
0.5 metres (20 inches) in height and which area is to be determined by measuring from the point
of intersection of property lines on a corner lot, the distance required by this By-Law along such
Definitions
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'street' line and joining such points with a straight line and the triangular-shaped land between
the intersecting 'street' lines and the straight line joining the points the required distance along
the 'street' lines.
"SNOWMOBILE CLUB" means lands, buildings or structures used exclusively by the members and
guests of a club for recreational activities. A snowmobile club is intended for recreational
purposes on a seasonal basis and shall not include provisions for overnight accommodations or
for the preparation and serving of full course meals.
"SOLID WASTE DISPOSAL SITE" means any land for which a valid Ministry of Environment
Certificate of Approval has been issued, upon, into or through which solid waste is deposited or
processed and any machinery or equipment or operation for the treatment or disposal of waste,
but does not include the treatment or disposal of liquid commercial/industrial waste or
hazardous waste.
"STOREY" means that portion of a building which is situated between the top of any floor and the
top of the floor next above it, and if there is no floor above it that portion between the top of
such floor and the ceiling above it.
"STOREY, HALF" means a portion of the building situated wholly or in part within a sloping roof
and in which there is sufficient space to provide a height between finished floor and finished
ceiling of at least seven feet, seven inches for at least one-half (1/2) but less than two-thirds
(2/3) of the area of the floor below.
"STREET" means a roadway or highway that is under the jurisdiction of the Corporation, County
or Province, that is constructed and maintained so as to allow normal vehicular access to adjacent
properties.
"STRUCTURE" means anything constructed or erected, the use of which requires location on the
ground, or on water, or attachment to something having a fixed location on the ground or on
water, and without limiting the generality of the foregoing, includes walls, floors, roofs, signs
and billboards, private outdoor swimming pools, and an object designed and intended to float,
but does not include hedges and fences or sewage disposal systems.
"SWIMMING POOL" means a constructed reservoir of water having a depth of greater than 0.76
metres (2.5 ft.) at any point, and used and maintained for the purpose of swimming, wading,
diving or bathing.
"TAVERN" means an establishment operating under the Liquor License Act R.S.O. 1990, c. L. 19,
where alcoholic beverages are sold to be consumed on the premises.
"TECHNOLOGY INDUSTRY" means a use that makes or creates technology products or services
but is not an industrial use. Technology industry does not include wholesale or retail trade except
as an activity that is accessory to the primary creative use.
"TENT" means a temporary structure used for temporary human shelter that is not permanently
fixed to the ground and is capable of being moved.
"TILLABLE HECTARES" for the purposes of Minimum Distance Separation guideline calculations
Definitions
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means land, including pasture that can be worked or cultivated to grow crops.
"TRADES PERSON" means an individual employed in the building trades/construction industry
including bricklayers, stonemasons, carpenters, electricians, lathers, painters, decorators and
paper-hangers, plasterers, sheet metal workers, heating, plumbing, air-conditioning, general
contractor's, flooring, home decorator, or other similar trade, the like which provides an
installation service.
"TRADES PERSON'S SHOP" means a lot, building or structure where a 'Trades Person' conducts
business and may include office space and the outdoor storage of heavy equipment and building
materials and the retail sale of supplies used in their trade but does not include a 'Personal Service
Establishment' or 'Retail Store'.
"TRANSPORT DEPOT" means a lot, building, structure or place where trucks or tractor trailers are
rented, leased, kept for hire, or stored or parker for remuneration, or from which trucks or
transports, stored, or parked on the property are dispatched for hire as common carriers and
may include as an accessory use a commercial card/key lock facility.
"TRANSPORT TRAILER" means any vehicle so constructed that it is suitable for being attached to
a motor vehicle and capable of being used for transporting goods, materials, equipment or
livestock notwithstanding that such vehicle is jacked up or that its running gear is removed.
"TRAVEL TRAILER" means a structure designed, intended and used exclusively for seasonal travel,
recreation and vacation and which is capable of being drawn by a motor vehicle and includes tent
trailers or similar transportable accommodation excepting a 'mobile home'.
"TRAVEL TRAILER SALES ESTABLISHMENT" means a building, structure or lot used for the display
and sale of 'mobile homes', 'park model trailers', 'motor homes', and 'travel trailers' and includes
the sale of accessory items and the servicing or repair of units.
"TRUCK-TRAILER" means any type of trailer vehicle that is hauled by a commercial motor vehicle
and is used primarily for the transportation of equipment and goods and for which a permit has
been issued under vehicle permit legislation including, a single or multi-axle semi-trailer where
part of the load is carried on the heavy truck by means of the upper and lower coupler assembly
and a full load bearing trailer
"UNLICENSED CHILD CARE" means 'Child Care' provided in a single detached dwelling, semi-
detached dwelling or duplex dwelling that is not 'Home Child Care' or a 'Child Care Centre', or a
private school within the meaning of the Education Act.
"USE" as a verb, means anything permitted by the owner or occupant of any land, building or
structure, directly or indirectly, or by or through any trustee, tenant, servant or agent acting for
or with the knowledge and assent of such owner or occupant, for the purpose of making use of
the said land, building or structure. The phrase 'used for' includes 'arranged for', 'designed for'
'maintained for' or 'occupied for`.
"USE" as a noun, means any of the following depending on the context:
a) any purpose for which land, buildings or other structures may be arranged, designated,
Definitions
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designed, intended, maintained, or occupied, or
b) any occupation, business, activity, or operation carried on, or intended to be carried on,
in a building or other structure or on land, or
c) the name of a tract of land or a building or other structure, which indicates the purpose
for which it is arranged, designated, intended, maintained or occupied.
"VEHICLE, ELECTRIC" means any motor vehicle that is fit, licensed and registered for operation on
a public or private highway, road or street that relies either partially or exclusively on electrical
energy from a grid, or an off-board source that is stored on-board via a battery for motive
purposes. Electric vehicle includes battery electric vehicles and plug-in hybrid vehicles.
"VETERINARY CLINIC" means a building in which two (2) or more rooms are used by a veterinary
surgeon for the treatment of diseases and injuries of domestic and other animals. Without
limiting the generality of the foregoing, a veterinary clinic may include administrative offices,
waiting rooms, treatment rooms, laboratories, pharmacies, and dispensaries directly associated
with the clinic.
"VETERINARY CLINIC - SMALL ANIMAL" means a building in which two (2) or more rooms are used
by a veterinary surgeon for the treatment of diseases and injuries of domestic pets only. Without
limiting the generality of the foregoing, a veterinary clinic may include administrative offices,
waiting rooms, treatment rooms, laboratories, pharmacies, and dispensaries directly associated
with the clinic.
"VIDEO OUTLET/RENTAL ESTABLISHMENT" means the use of the lands, buildings or structures for
the purpose of renting videocassette recorders and/or video disc players and/or the rental of
video tapes and/or discs.
"WAREHOUSE" means a building, structure or place used for the storage and distribution of goods,
wares, merchandise, substances or articles and may include a transport depot.
"WAREHOUSE, MINI STORAGE" means a building, structure or place intended for the rental of
separate storage areas usually with individualized external access for storage of personal
property. Outdoor storage shall be permitted in accordance with the provisions of the applicable
zone.
"WATERCOURSE" means a natural or man-made channel that carries water and includes streams,
rivers and lakes and for the purpose of this By-Law, includes a channel with intermittent flow.
"WATER LOT" means a lot that abuts the shore of Lake Rosalind, Marl Lake, Pearl Lake, or Dankert
Lake along one or more 'lot lines' or portions of a 'lot line'.
"WATER SYSTEM, MUNICIPAL" means a water treatment and distribution system of underground
piping and related storage, including pumping and purification appurtenances operated by a
municipal corporation and/or the Ministry of the Environment and/or any public utilities
commission for public use and which has been approved by the Ministry of the Environment.
"WAYSIDE PIT OR WAYSIDE QUARRY" means a temporary pit or quarry opened and used by or for
a public authority solely for the purpose of a particular project or contract of street/road
Definitions
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construction and not located on the street/road right-of-way.
"YARD" means a space appurtenant to a building or structure located on the same lot therewith
and which space is open, uncovered and unoccupied from the ground upward except for such
accessory buildings, structures, or uses as are specifically permitted elsewhere in this By-Law.
"YARD, EXTERIOR SIDE" or "EXTERIOR SIDE YARD" means a side yard immediately adjoining a
'street'.
"YARD, FRONT" or "FRONT YARD" means a yard extending across the full width of a lot, measured
perpendicularly from the front lot line to the closest wall of any main buildings or structures on
the said lot. Where a lot does not have a 'front lot line', the front yard shall be measured from
edge of the 'street' from which principle access to the lot is gained.
"YARD, REAR or "REAR YARD" means a yard extending across the full width of a lot, measured
perpendicularly from the rear lot line to the closest wall of any main building or structure on the
said lot.
"YARD, SIDE" or "SIDE YARD" means the minimum required setback from an area extending from
the front yard, or front lot line where no front yard is provided, to the rear yard, or rear lot line
where no rear yard is provided, measured perpendicularly from the side lot line to the closest
wall of any permitted building or structure on the said lot.
"ZONE" means an area delineated on a Zoning Map Schedule and established and designated by
this By-Law for a specific use.
"ZONING ADMINISTRATOR" means the officer or employee of the Corporation for the time being
charged with the duty of administering and enforcing the provisions of the Zoning By-Law of the
Corporation.
Definitions
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Definitions
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Definitions
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General Provisions For All Zones
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SECTION 3 GENERAL PROVISIONS FOR ALL ZONES
-
3.1 PERMITTED USES IN ALL ZONES
3.1.1 Services and Utilities
.1
Nothing contained in this By-Law shall prevent the Corporation; any telephone, cable or
communications utility company; any agency or department of the Federal, Provincial or
County Government; any company holding a Provincial license to transport or distribute
natural gas; an electric service provider; a railway company and any local or County Board
or Commission from: installing a watermain; sanitary sewer main; sewage or water
pumping station; storm sewer main; gas main; electric power transformer/distribution
station; transmission tower; communications tower; pipeline; overhead or underground
electric line, cable service, or telephone line; road or street; any required accessory service
buildings; storm water management facilities or other use for the purposes of the public
service subject to compliance with the provisions prescribed for the zone in which it is to
be located and subject to there being no outdoor storage of goods, materials or
equipment in any yard and provided that the location of any accessory building conforms
to all yard, lot coverage and height provisions of the Zone in which it is located.
.2
A sewage and/or water pumping station or 'water well' owned and operated by, or for,
the Corporation, may be erected no closer than 3 metres (9.8 ft) to the lot lines and shall
be exempt from all other zone provisions of the zone in which it is located.
.3
Any electric power facilities and any receiving or transmitting tower and facilities of any
radio or television station existing on the date of passing of this By-Law are permitted.
3.1.2 Temporary Buildings & Construction Facilities
.1
Nothing contained in this By-Law shall prevent the erection or location of any sheds,
scaffolds, construction trailers or other structures incidental to building construction on
the lot for so long as the same is necessary for work in progress which has neither been
finished, nor abandoned provided any necessary permits are obtained. All temporary
buildings and/or construction facilities shall be noted on the Building Permit at time of
issuance.
.2
In any zone, such temporary buildings and construction facilities shall be permitted for a
period lasting no longer than twelve (12) months commencing on the date on which the
Building Permit is issued unless approved by the Chief Building Official.
.3
For the purpose of Section 3.1.2 only, an existing dwelling, mobile home, park model
trailer, travel trailer or similar transportable accommodation, shall be considered to be a
temporary building or construction facility when approved by the Chief Building Official.
i.
In no instance shall an existing dwelling, mobile home, park model trailer, travel trailer
or similar transportable accommodation, be used for a temporary building or
construction facility for a period lasting no longer than twelve (12) months
commencing on the date in which the Building Permit is issued.
ii. An existing dwelling, mobile home, park model trailer, travel trailer or similar
General Provisions For All Zones
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transportable accommodation, may only be used for a temporary building or
construction facility during the construction of the principal or main use on a property.
iii. A Building Permit issued for such construction shall note the requirement to remove
and/or demolish such temporary buildings, mobile home, park model trailer, travel
trailer or similar transportable accommodation as required.
3.1.3 Ornamental Structures
.1
A statue, monument, fountain, cenotaph or other such memorial or ornamental structure
shall be permitted in any zone.
.2
Statues, monuments, cenotaphs or other such memorial or ornamental structures, greater
than 1.0 metre (3.3 feet) in height, shall not be permitted in the front yard setback of a
Residential zone.
3.1.4 Signs and Signals
All signs and signals shall be permitted in all zones in conformity with the Municipal Sign
By-Law and the requirements of the appropriate regulatory authority.
3.1.5 Sewage Disposal Systems
.1
A 'sewage disposal system' shall be permitted only in 'A1', 'ACI', 'HC', 'RCI', 'HR', 'HI',
'INR', 'OSR', 'AP' and 'M3' zones.
.2
A 'sewage disposal system - tertiary sewage treatment unit' shall be permitted in all
zones.
.3
A 'communal sewage disposal system' or a 'sewage treatment plant' must be zoned
accordingly.
3.1.6 Multi-Purpose Use Recreational Trails
.1
Multi-purpose recreational trails (paths) are routes owned, constructed or under reserve
to the Corporation, County or other public body, and may be open to the public.
.2
Multi-purpose recreational trails shall be permitted in all zones. Permitted uses may
include hiking, horseback riding, bicycling, cross country skiing, snowmobiling, all-
terrain vehicles (ATVs) in accordance with all applicable By-Laws and Regulations of the
Corporation, County or other public body.
.3
Motorized vehicles, except snowmobiles, shall be prohibited from Provincially Significant
Wetlands (EP-1 zone), Areas of Natural and Scientific Interest (ANSI), and other
environmentally sensitive lands as determined by a public body on multi-purpose
recreational trails (paths) routes owned, constructed or under reserve to the Corporation,
County or other public body.
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3.2 PUBLIC USES, BUILDINGS AND/OR STRUCTURES
Despite Section 3.1.1, the erection of any building or structure designed for use as an
office, storage or other uses, and the use of land for outside storage, by the Corporation;
General Provisions For All Zones
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any telephone, cable or communications utility company; any agency or department of
the Federal, Provincial or County Government; any company holding a Provincial license
to transport or distribute natural gas; an electric service provider; a railway company and
any local or County Board or Commission must conform to the provisions of this By-Law.
-
3.3 BUFFER ON LANDS ADJOINING INDUSTRIAL or RESIDENTIAL USES/ZONES
The following buffers shall apply:
i.
No part of any Industrial principle use building listed in 'Table 1: Uses Classified as
Class 1 Industrial' shall be located closer than 20 metres (65.6 feet) to a Residential
Zone, Institutional Zone, residential use or institutional use; and
ii. No part of any Industrial principle use building listed in 'Table 2: Uses Classified as
Class 2 Industrial' shall be located closer than 70 metres (229.7 feet) to a Residential
Zone, Institutional Zone, residential use or institutional use; and
iii. No part of any residential use or institutional use shall be located closer than 20
metres (65.6 feet) to any part of any Industrial principle use building listed in 'Table
1: Uses Classified as Class 1 Industrial'; and
iv. No part of any residential use or institutional use shall be located closer than 70
metres (229.7 feet) to any part of any Industrial principle use building listed in Table
2: Uses Classified as Class 2 Industrial'.
Table 1: Uses Classified as Class 1 Industrial
Computer/Data Processing
Centre
Research Establishment /
Laboratory
Warehouse
Factory Sales Outlet
Industry, Light
Warehouse, Mini Storage
Public Utility Building
Rental Establishment
Veterinary Clinic
Technology Industry
Trades Persons' Shop
Recycling Depot
School Bus Storage
Agricultural
Produce
Warehouse
Greenhouse, Commercial
Septic Tank Service
Table 2: Uses Classified as Class 2 Industrial
Bulk Fuel Depot
Bulk Sales Establishment -
Agriculture
Contractor's Yard
Industrial Use
Public Garage
Automobile Wrecking Yard
Recycling Centre
Transport Depot
Industry, Dry
Food Processing,
Primary and Secondary
Abattoir
Feed Mill & Elevator
Livestock Assembly Yard
Livestock Auction Barn
Salvage Yard
Saw or Planing Mill
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3.4 NON-CONFORMING USES
.1
Nothing in this By-Law shall:
i.
apply to prevent the use of any land, building or structure for any purpose prohibited
by this By-Law if such land, building or structure was lawfully established and used
for such purpose on the day of the passing of this By-Law, so long as it continues to
be used for that purpose.
ii. prevent the erection or use for a purpose prohibited by this By-Law of any building or
structure for which a permit has been issued under The Building Code Act, prior to
the day of the passing of this By-Law, so long as the building or structure when erected
is used and continues to be used for the purpose for which it was erected and provided
that the permit has not been revoked under The Building Code Act.
iii. prevent the strengthening to a safe condition, or the restoration of any non-
conforming building or structure or part of any such building or structure which does
not conform with the provisions of this By-Law, or which has been damaged by causes
beyond the control of the owner, provided such alteration, repair or restoration does
not increase the height, size or volume or change the use of such building or structure
and provided such building or structure was lawfully established.
.2
The use of a lot, building or structure which is not permitted within the zone in which it
is located shall not be changed except to a use which is permitted within such Zone, or
such other similar uses as may be approved under Section 45 of The Planning Act.
-
3.5 NON-COMPLYING USES
3.5.1 Strengthening to a Safe Condition
Nothing in this By-law shall prevent the strengthening to a safe condition of any building
or structure or part of any such building or structure which does not comply with the
provisions of this By-law, provided such alteration or repair does not increase the height,
habitable space, size, or change the use of such building or structure.
3.5.2 Permitted Extensions of Non-Complying Buildings
Nothing in this By-law shall prevent an accessory use, extension or an addition being
made to a building or structure, which is used for a purpose specifically permitted within
the zone in which such building or structure is located and which building or structure
legally existed at the date of passing of this By-law, but which buildings or structures
does not comply with one or more of the Zone Provisions of this By-law, provided such
accessory use, extension or addition does not contravene any of the provisions of this By-
law.
3.5.3 Permitted Replacement of Non-Complying Buildings
Where a building or structure was lawfully used and is permitted by the provisions of the
zone in which such building or structure is located but does not meet the zone
provisions with respect to lot area, yards, setbacks, lot frontage, parking or any other
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provisions of this By-law applicable to that zone, the said building or structure shall be
deemed to comply with the By-law and may be enlarged, extended, reconstructed,
repaired or renovated provided that the enlargement, extension, reconstruction, repair
or renovation does not further reduce the compliance of that building or structure with
the provision(s) of the Bylaw to which it does not comply, and all other applicable
provisions of this By-law are complied with. For greater clarity, where a building or
structure does not comply with required yard or setback, no additional gross floor area
may be constructed within the required yard or setback.
i.
In the case of a rezoning or severance, permitted and legally established existing
buildings or structures or driveways shall be deemed to comply with any applicable
zone provisions, except parking and loading requirements, resulting from such
rezoning or severance.
3.5.4 Existing Lots
Where an existing lot has a lesser area and/or frontage than required in the applicable
zone, such lot may be used and buildings may be erected, enlarged, repaired or renovated
on the lot provided that the use, and the buildings and structures, comply with all of the
other provisions of the applicable zone and all other requirements of this By-Law.
-
3.6 ACCESSORY BUILDINGS AND STRUCTURES
Section 3.6 shall apply to all Zones with the exception of the 'A1- General Agriculture'
(Agriculture Lot) Zone.
3.6.1 Prohibited Structures
For the purposes of Section 3.6 only, mobile homes, travel trailers, construction trailers,
transport trailers, railway cars and buses, with or without wheels or a similar
undercarriage shall not be used as accessory buildings or structures except in the
Extractive Industrial (M3) or Waste Disposal (WD) zones.
3.6.2 Use of Accessory Buildings and Structures
Where this By-Law provides that a lot may be used or a building or structure may be
erected, altered or used for a permitted use, that permitted use shall include an accessory
building or structure. The accessory building or structure shall not: (1) be used for any
occupation for gain or profit except as may be permitted in this By-Law; or (2) be used
for human habitation/dwelling except where a dwelling is a permitted accessory use.
3.6.3 Location
Unless otherwise provided in this By-Law, the yard requirements for each zone shall apply
to both main and accessory buildings. Attached buildings accessory to dwellings shall be
considered as part of the main building and all yards shall be provided in accordance with
the relevant yard regulations.
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3.6.3.1 Location - Residential Zones
Subject to the provisions of this By-Law, any accessory building or structure, in any
Residential Zone, may be erected in any yard subject to the following restrictions:
i.
When located in a rear yard, such accessory building or structure shall be located no
closer than 1.2 metres (4 feet) to the rear lot line. Further, any part of such accessory
building or structure shall be setback 3 metres (9.8 feet) from any part of a dwelling
on an adjoining lot.
ii. When located in an interior side yard, an accessory building or structure may be
positioned no closer than 1.2 metres (4 feet) to an interior side lot line. Where a
mutual private garage is erected on the lot line between two lots, no interior side yard
setback is required.
iii. Where erected in an exterior side yard no accessory building or structure shall be
located closer than 4.3 metres (14 feet) to any street line.
iv. Detached garages or any part thereof, may be located in front of the principle structure
provided it complies with the minimum front yard setback requirements and minimum
side yard requirements.
v. On lots which adjoin a navigable body of water, detached garages and accessory
buildings may be located in the front yard provided that such garage or accessory
building is not located closer than six metres from the front lot line and 1 metre from
any side lot line. This also includes any lot that is separated from a body of water only
by an unopened Municipal road allowance.
vi. In the case of a Through Lot, the rear yard setback requirement of such lot for an
accessory building or structure shall be equal to the front yard setback requirement
of the principal building.
3.6.4 Height
The maximum height for all accessory buildings and structures shall be as follows:
i.
In 'AP', 'WD', 'OS', all commercial (excluding 'HC') and industrial zones, no greater
than 8 metres (26 ft);
ii. In all Residential and Institutional zones, 'MHP', 'HC', 'TTP', 'EP', and 'PD' zone, no
greater than 5 metres (16 ft).
3.6.5 Number & Lot Coverage of Accessory Buildings & Structures
.1
In no case shall the number of accessory buildings or structures exceed three (3).
.2
The total lot coverage of all accessory buildings or structures on a lot shall not exceed
10% of the lot. Notwithstanding the foregoing, in the case of unenclosed decks, and
decks without roofs, these structures shall not be included in the lot coverage for
accessory buildings and structures but in no case shall unenclosed decks, and decks
without roofs structures be permitted to have a lot coverage greater than 5% of the lot.
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.3
Accessory buildings or structures under 1.5 m2 (16 ft2) shall not be considered to be an
accessory building or structure.
3.6.6 Establishment of an Accessory Building/Structure or Use
Notwithstanding any of the provisions of this By-Law, no accessory building, structure or
use shall be erected, or used until the principal building, structure or use is erected to the
satisfaction of the Chief Building Official and in compliance with the provisions of this By-
Law. This shall not apply to those uses covered under Section 3.1.2 'Temporary Buildings
and Construction Facilities'.
-
3.7 NUMBER OF MAIN BUILDINGS PER LOT
No person shall erect more than 1 'main building' on a lot except those lots 4.0 hectares
(9.9 ac.) in size or larger in a General Agriculture (A1) zone. Unless otherwise provided
for in this By-law, in any zone where a 'Dwelling, Single Detached', 'Dwelling, Semi-
detached', or 'Dwelling, Duplex' is permitted, not more than one such building, or
structure shall be permitted on a lot.
3.8 ACCESSORY DWELLINGS
3.8.1 Dwelling, Accessory Apartment
Where permitted by this By-Law, no person shall use any part of a building or structure
as a 'Dwelling, Accessory Apartment' except in accordance with the following provisions:
.1
Minimum setbacks and yards shall be provided in accordance with the minimum setback
and yard provisions for the building or structure in which the 'Dwelling, Accessory
Apartment' is to be located.
.2
The 'Dwelling, Accessory Apartment' shall have a separate access/entrance distinct from
the principal use.
.3
The 'Dwelling, Accessory Apartment' shall be located at the rear of the ground floor at
grade level and/or above the ground floor.
.4
One parking space per 'Dwelling, Accessory Apartment' shall be provided, reserved and
maintained for exclusive use by the 'Dwelling, Accessory Apartment'.
.5
Accessory residential dwelling units shall not occupy more than fifty percent (50%) of the
ground floor area of a building within a Commercial Zone.
3.8.2 Dwelling, Accessory Detached
Where permitted by this By-Law, no person shall use, erect, construct or use any part of
a building as a 'Dwelling, Accessory Detached' except in accordance with the following
provisions:
.1
Minimum setbacks and yards shall be provided in accordance with the minimum setback
and yard provisions for the zone in which the detached dwelling is located.
.2
The Dwelling, Accessory Detached shall be reserved for the exclusive use of the owner or
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caretaker of the principal use.
.3
A 'Dwelling, Accessory Detached' shall a maximum building height of 10 metres (33 ft).
3.8.3 Dwelling, Additional Residential Unit
Except as provided by Section 3.8.4 (Additional Residential Unit On Farm), where listed as
a permitted use (refer to "Uses Permitted" sections of this By-law), a 'Dwelling, Additional
Residential Unit' shall be permitted, subject to the following provisions:
.1
Where full municipal services are provided, up to two 'Dwelling, Additional Residential
Unit' per lot of record shall be permitted;
.2
Where private or partial municipal services are provided:
-
One 'Dwelling, Additional Residential Unit' per lot of record shall be permitted if
the lot area is greater than 0.4 hectares;
-
Two 'Dwelling, Additional Residential Unit' per lot of record shall be permitted if
the lot area is greater than 0.6 hectares.
.3
The total lot coverage of all buildings and structures on a lot containing an Additional
Residential Unit on full municipal services may be 45%, except for lands located within the
flood fringe overlay which may permit the total lot coverage in accordance with the
underlying zone.
.4
Applicable permits under the Ontario Building Code issued by the Chief Building Official
are obtained and the building is constructed in conformity with the Ontario Building Code;
.5
Only exists along with its principal dwelling unit, and it is not a stand-alone, principal
unit, capable of severance;
.6
Shall connect to water and septic or sewer services;
.7
Shall only be permitted where sufficient water service and sewer or septic capacity exists
or can be made available;
.8
In the case of a 'Dwelling, Semi-Detached' or 'Dwelling, Townhouse Street', each principal
dwelling unit must be located on a separate lot of record;
.9
When permitted to be located within a detached accessory building, only one 'Dwelling,
Additional Residential Unit' is permitted per lot in a detached accessory building;
.10
Where located in an accessory building the 'Dwelling, Additional Residential Unit' may be
located in a new or existing detached accessory building and shall be in accordance with
the provisions of Section 3.6 or Section 5.5 as may be applicable based on the underlying
zone;
.11
Any 'Dwelling, Additional Residential Unit' shall be located within a maximum distance of
30 m from the principal dwelling;
.12
The 'Additional Residential Unit' must share the parking and yards provided for the
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principal dwelling unit, and no new driveway may be created;
.13
Requires conservation authority approval in areas identified in the flood fringe overlay;
.14
'Home Occupation' is not permitted in a 'Dwelling, Additional Residential Unit'; and,
.15
The combined total of a principal residential unit, additional residential unit(s), and a
garden suite shall not exceed three units on a lot.
3.8.4 Dwelling, Additional Residential Unit On Farm
Where listed as a permitted use (refer to "Uses Permitted" sections of this By-law), a
'Dwelling, Additional Residential Unit on Farm' shall be permitted together with a
'Dwelling, Accessory Detached' farm residence on an agriculture lot, subject to the
following provisions:
.1
Must be located within 30 metres of the 'Dwelling, Accessory Detached';
.2
Applicable permits under the Ontario Building Code issued by the Chief Building Official
are obtained and the building is constructed in conformity with the Ontario Building
Code;
.3
It only exists along with the 'Dwelling, Accessory Detached' use, and shall not be
considered for future severance;
.4
Shall connect to water and septic or sewer services;
.5
Must share the parking and yards provided for the 'Dwelling, Accessory Detached' unit,
and no new driveway may be created;
.6
May be located within a 'Dwelling, Accessory Detached', or may be located in a new, or
existing, detached accessory building;
.7
A 'Dwelling, Additional Residential Unit On Farm' shall comply with MDS requirements,
except where such detached dwelling unit is located no closer to existing manure
storage or anaerobic digesters, or livestock facilities than the existing 'Dwelling,
Accessory Detached' on the same lot.;
.8
Requires conservation authority approval in areas identified in the flood fringe overlay;
and,
.9
The combined total of a "Dwelling, Accessory Detached', a 'Dwelling, Additional
Residential Unit On Farm', and 'Dwelling, Garden Suite' may not exceed three units on a
lot. Where two additional residential units are proposed, at least one of these additional
residential units must be located within or attached to the principal dwelling.
-
3.9 HOME OCCUPATION - DOMESTIC & PROFESSIONAL USES
Where listed as a permitted use (refer to the "Uses Permitted" sections of this By-Law),
Home Occupation - Domestic and Professional Uses may be conducted within a dwelling
by accountants; architects; auditors; dentists; optometrists; engineers; insurance agents;
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land surveyors; lawyers; medical practitioners; chiropractors; notaries; planners; realtors;
editors; photographers; computer consultants; hair dressers; dressmaking; instruction in
music, dancing, arts and crafts to not more than six pupils or students at any one lesson;
tailoring; weaving; painting; sculpting; moulding; or otherwise making or repairing of
garden or household ornaments, articles of clothing, and personal effects or toys, and
other such similar uses provided that:
.1
The Home Occupation - Domestic & Professional Uses shall be clearly secondary to the
dwelling, or part thereof, and shall not change the character of the lot and/or dwelling or
part thereof;
.2
The said dwelling is occupied as a place of residence by the individual operating the Home
Occupation - Domestic & Professional Uses;
.3
Home Occupation - Domestic & Professional Uses shall be conducted only by those
residing in the dwelling except for the employment of one assistant;
.4
All articles sold shall be produced by the individual operating the Home Occupation -
Domestic & Professional Uses or their assistant;
.5
Total gross floor area utilized shall not exceed 30% of the dwelling or a maximum of 28
m2 (301 ft2), whichever is lesser;
.6
All signs shall be erected according to the Sign By-Law of the Corporation or County;
.7
There is no external storage of goods or materials;
.8
One off-street parking space is provided for every 14 m2 (151 ft2) of floor space occupied
by the Home Occupation - Domestic and Professional Uses;
.9
No mechanical equipment is used except that reasonably consistent with the use of a
dwelling;
.10
No noise, vibration, fumes, odour, dust or glare shall be emitted to the environment
outside of the building shall be permitted, beyond which is normally associated with a
dwelling;
.11
Home Occupation - Domestic and Professional Uses shall not include the retail sales of
building or construction supplies nor any 'Automobile', 'Motor Vehicle' or 'Commercial
Motor Vehicle' related use as defined in this By-Law;
.12
A 'Certificate of Occupancy' as per Section 3.32 shall be obtained.
-
3.10
HOME OCCUPATION - BED & BREAKFAST ESTABLISHMENT
Where listed as a permitted use (refer to the "Uses Permitted" sections of this By-Law), a
Home Occupation - Bed & Breakfast Establishment may carry out business subject to the
following provisions:
.1
The Home Occupation - Bed & Breakfast shall be clearly secondary to the main use of the
lot and/or building, or part thereof, and shall not change the character of the lot and/or
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building or part thereof;
.2
The said building, or part thereof shall be occupied as a place of residence by the
individual operating the Home Occupation;
.3
The Home Occupation - Bed & Breakfast shall be conducted only by those residing on the
lot except for the employment of one (1) assistant;
.4
A Home Occupation - Bed & Breakfast shall provide no more than three (3) guest rooms
for overnight accommodation;
.5
No food or drink shall be offered or kept for sale for persons who are not guests of the
establishment. A Home Occupation - Bed & Breakfast shall not include a 'restaurant';
.6
A Home Occupation - Bed & Breakfast shall provide one (1) additional parking space for
each guest room;
.7
All signs shall be erected according to the Sign By-Law of the Corporation or County;
.8
A 'Certificate of Occupancy' as per Section 3.32 shall be obtained.
-
3.11
HOME INDUSTRY
A home industry is a limited-scale activity undertaken for financial gain, which occurs in
a dwelling or an accessory building and is subordinate to the primary use of the property
as a residence or farm. The activity is limited in scale. It is a sideline, and the use is
secondary to the primary use of the property (e.g., an agricultural use). This means that
the use is not the primary or original use for which the property was intended and by
which it is zoned. The home industry provisions are intended to support the 'incubation'
period for new businesses until such time as the business requires accommodations larger
than permitted in this By-Law. Home industries requiring larger buildings may be required
to relocate to suitable 'commercial' or 'industrial' properties.
Where listed as a permitted use a Home Industry (refer to the "Use Permitted" sections of
this By-Law) may be conducted within a dwelling, or an accessory building and shall be
limited to the sale of farm products produced/grown or raised on the property; 'Nursery';
'Food Processing, Primary'; 'Food Processing, Secondary'; 'Dry Industrial Use'; 'Bulk Sales
Establishment - Agricultural'; 'Farm Implement Repair; the sale and service of equestrian
equipment; and a 'Trades Person's Shop' provided that:
.1
The Home Industry shall only be located on lands designated as 'Agriculture Areas' or
'Rural Areas' in the County of Bruce Official Plan.
.2
The Home Industry shall be clearly secondary to the main use of the lot and/or building,
or part thereof and shall not change the character of the lot and/or building or part
thereof;
.3
The lot and/or dwelling is a primary place of residence by the individual operating the
Home Industry;
.4
The Home Industry shall be conducted only by those residing on the lot except for the
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employment of one assistant;
.5
Total gross floor area utilized shall not exceed 30% of the dwelling or a maximum of 28
m2 (301 ft2), whichever is lesser. Where the Home Industry is located within an accessory
building, not more than 100 m2 (1076.4 ft2) shall be devoted to such use. The accessory
building utilized for a Home Industry must be located within 30 metres (100 ft.) of the
existing dwelling;
.6
All signs shall be erected according to the Sign By-Law of the Corporation or County;
.7
There shall be no external storage of equipment, vehicles, waste materials, raw materials,
finished products/goods, or supplies unless fully enclosed by a 'Planting Area/Visual
Screening' as per Section 3.15;
.8
One off-street parking space shall be provided for every 19 m2 (205 ft2) of floor space
occupied by the Home Industry in a dwelling or accessory building;
.9
Home Industry shall not include the retail sales of building or construction supplies nor
any 'Motor Vehicle' or 'Commercial Motor Vehicle' related use as defined in this By-Law;
.10
A 'Certificate of Occupancy' as per Section 3.32 shall be obtained and,
.11
Home Industry shall not create nor become a 'nuisance' in regard to noise, odours,
vibrations, glare, smoke, dust, fumes, heat, traffic generated or parking.
-
3.12
HEIGHT RESTRICTIONS AROUND MUNICIPAL AIRPORT
.1
Notwithstanding Section 3.13 'Exceptions to Maximum Height Regulations' or any other
provisions of this By-Law to the contrary, within those areas identified on Schedule 'B' as
Area 1, Area 2, Area 3 and Area 4, no person shall erect or construct any building or
structure, or any addition to any existing building or structure, the highest point of which
will exceed the following heights:
i.
In Area 1, no building or structure may be higher than a height calculated based on
the ratio of 1:30 from the end of the airport runway strip, or the height restriction of
the zone in which the land lies, whichever is the lesser. (That is, for every 30 metres
calculated at a right angle to the end of the runway strip, building or structure height
may be increased by 1 metre, until the prescribed maximum height restriction is
reached);
ii. In Area 2, no building or structure may be higher than a height calculated based on
the ratio of 1:20 from the end of the airport runway strip, or the height restriction of
the zone in which the land lies, whichever is the lesser. (That is, for every 20 metres
calculated at a right angle to the end of the runway strip, building or structure height
may be increased by 1 metre, until the prescribed maximum height restriction is
reached;
iii. In Area 3, no building or structure may be higher than a height calculated based on
the ratio of 1:5 from the side perimeter of the airport runway strip, or the height
restriction of the zone in which the land lies, whichever is the lesser. (That is, for
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every 5 metres calculated at a right angle to the side plane of the runway strip, building
or structure height may be increased by 1 metre, until the prescribed maximum height
restriction is reached);
iv. In Area 4, no building or structure may be higher than a height calculated based on
the ratio of 1:7 from the side perimeter of the airport runway strip, or the height
restriction of the zone in which the land lies, whichever is the lesser. (That is, for
every 7 metres calculated at a right angle to the end of the runway strip, building or
structure height may be increased by 1 metre, until the prescribed maximum height
restriction is reached.
.2
Notwithstanding Section 3.13 'Exceptions to Maximum Height Regulations' or any other
provisions of this By-Law to the contrary, within the area identified on Schedule 'B' as
'Outer Surface' no person shall erect or construct any building or structure, the highest
point of which will exceed 331 metres (1086 ft.) Above Sea Level.
-
3.13
EXCEPTIONS TO MAXIMUM HEIGHT REGULATIONS
The regulations prescribing the maximum height of any building or structure in any zone
do apply to antennas and radio or television receiving or transmitting equipment,
telecommunications towers, grain elevators, farm silos, barns, assembly hall spires,
belfries, cupolas, chimneys, ventilators, skylights, water tanks, scenery lofts, bulk heads,
firewalls, and similar features and necessary mechanical appurtenances accessory to the
building on which they are erected; provided however, that such features are erected only
to such heights as is necessary to accomplish their purposes except for the following:
i.
The height restrictions as calculated in Section 3.12 Height Restrictions Around
Municipal Airport shall apply.
ii. In no event shall any structure exceed 20 metres (65.6 feet) in a Residential Zone, or
45 metres (147.6 feet) in all other zones.
-
3.14
PERMITTED YARD ENCROACHMENTS
Except as otherwise provided, no obstruction or occupation of the space in any yard
required by this By-Law shall be permitted except the following:
.1
A fireplace and chimney, sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters, bay windows and other ornamental architectural features may be permitted in
the required setback or yard area provided such feature does not project more than 60
centimetres (2 ft.) into the setback or yard area and in no event shall such feature be
closer than 1 metre (3 ft.) to any property line.
.2
On a main building, unenclosed porches, covered and uncovered steps, open steel fire
escapes, sundeck patios and awning, or balconies are permitted to encroach into a
required yard, but not more than 1.5 metres (5 feet) provided that the building face on
which such feature is located complies with the required yard setback.
i.
On a main building, an uncovered, unenclosed, attached porch/ attached sundeck
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patio/ attached deck, inclusive of uncovered steps to these features, are permitted to
encroach into a required rear yard, but not more than 3.7 metres provided it is no
greater in elevation than the first storey, and a minimum distance of 3.8 metres is
provided to the rear lot line.
.3
Flag poles, garden trellises, fences, and retaining walls, shall be permitted in a required
yard.
.4
Clothes line poles shall only be permitted in an interior side or rear yard.
-
3.15
PLANTING AREA/VISUAL SCREENING
.1
A required Planting Area/Visual Screening shall consist of a dense screen of shrubs and/or
evergreen trees planted or designed in such a manner as to provide a year round visual
barrier.
.2
A Planting Area/Visual Screening shall be in addition to the requirements of Section 3.16
Landscaped Open Space.
3.15.1 Required Locations
Except as otherwise provided, a Planting Area/Visual Screening shall be provided as per
Section 3.15, where required by this By-law and:
i.
Where the interior side lot line or rear lot line of such lot abuts any lot zoned
Residential, Open Space, or Institutional; or
ii. Where the Exterior Side Yard and/or Front Yard abuts a street line and the opposite
street line abuts a Residential, Open Space or Institutional Zone, a Planting Area/Visual
Screening shall be required along either the Exterior Side Yard or the Front Yard but
not both.
3.15.2 Height & Width of Planting Area/Visual Screening
.1
Except as otherwise provided, a Planting Area/Visual Screening shall have a minimum
width of 1.5 metres (5 ft.).
.2
The required Planting Area/Visual Screening shall be a minimum height of 1 metre (3 ft.)
when planted and of a type that will attain a minimum height of 2 metres (6.6 ft.) at
maturity to the lot line and the remainder of the ground surface shall be planted with any
combination of shrubs, flower beds or grass.
.3
Notwithstanding the above and subject to Site Plan Approval if required, a solid opaque
fence, wall or other landscaping feature of equivalent height and density may be
considered in place of a Planting Area. When considering such an alternative, regard shall
be given to the location, height, materials, finishing and porosity of the wall or fence.
.4
The Planting Area/Visual Screening shall be located along the boundary of the lot.
3.15.3 Interruption for Driveway or Walkway
Where interrupted by walkways or driveways, a Planting Area/Visual Screening shall not
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be provided closer than 1.5 metres (5 ft) to a walkway or 3 metres (10 ft) to a driveway.
3.15.4 Maintaining Sight Visibility Triangle
Where required on a street corner of a corner lot, a Planting Area/Visual Screening shall
be located in such a way as not to form an obstruction to traffic and as required by the
sight visibility triangles required by this By-Law.
-
3.16
LANDSCAPED OPEN SPACE
.1 In Residential Zones
i.
Unless otherwise specified, abutting property owners shall be responsible for the
provision and maintenance of front yard landscaping to the travelled limit of the
public road.
ii.
In HR - Hamlet Residential, Residential R1 and R2 Zones, no less than fifty percent
(50%) of the front yard must be landscaped and such landscaping shall not include
driveways or parking areas.
iii.
In the Residential R3 Zone, no less than thirty-five percent (35%) of the front yard
must be landscaped and such landscaping shall not include driveways or parking
areas.
.2 In All Other Zones
Except as otherwise provided, 'Landscaped Open Space' shall be provided where
required by this By-Law as follows:
i.
A minimum of 3 metres (9.8 feet) in width along all Front and Exterior yards;
ii.
A minimum of 2 metres (6.6 feet) in width along all Interior and Rear yards;
iii.
No parking shall be permitted within the 'Landscaped Open Space';
iv.
Landscaped Open Space shall be in addition to the requirements of Section 3.15
Planting Area/Visual Screening, where required; and,
v.
The Landscaped Open Space shall be located along the boundary of the lot.
-
3.17
OPEN STORAGE & OUTDOOR DISPLAY AREAS- INDUSTRIAL/COMMERCIAL ZONES
3.17.1 Open Storage Areas
.1
'Open Storage' shall be permitted provided that:
i.
the Open Storage Area is accessory to the principle use on the lot;
ii. no Open Storage Area shall be permitted in a front yard or exterior side yard;
iii. the Open Storage Area complies with the minimum yard requirements of the zone;
iv. the Open Storage Area is visually screened from the street by a 'Planting Area/Visual
Screening' as per Section 3.15.
.2
In the Industrial or Commercial zones, where any side or rear lot line abuts a lot also
zoned Industrial or Commercial, the minimum setback of any Open Storage may be
reduced to no less than 3 metres (10 ft.) from the said side or rear lot line.
3.17.2 Outdoor Display Areas
'Outdoor Display Areas' shall be allowed in the Front Yard and/or Exterior Side Yard
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provided that:
i.
the items displayed in the Outdoor Display Areas are accessory to the principle use of
the lot; and
ii. the Outdoor Display Areas shall not inhibit sight triangles nor occupy space required
for a Planting Area/Visual Screening as required by Section 3.15 and/or Landscaped
Open Space as required by Section 3.16.
3.17.3 Lot Coverage
Open Storage Areas and Outdoor Display Areas shall not cover more than 35% of the lot
area.
3.17.4 Surface Treatment
Any permitted Open Storage Area shall be constructed and maintained with a stable
surface of concrete, asphalt, gravel or other hard surface adequately treated to prevent
the raising of dust or loose particles and shall include provisions for adequate drainage
facilities.
3.17.5 Parking and Loading Spaces to be Preserved
Any areas used for permitted Open Storage or Outdoor Display Areas shall be in addition
to and separate from such areas as may be required by this By-Law for the provision of
off-street parking or loading spaces.
3.17.6 Lighting
Where lighting facilities are provided in conjunction with any permitted Open Storage or
Outdoor Display Areas, such lighting shall be so arranged as to deflect light onto the open
storage area and away from any adjoining properties.
-
3.18
REDUCTION OF REQUIREMENTS
.1
No person shall:
i.
change the purpose for which any lot, building or structure is used, or
ii. erect any new building or structure, or
iii. add to or take away from any existing building or structure, or
iv. reduce any lot in area by conveyance or alienation of any portion thereof or otherwise,
if the effect of such action is to cause the original, adjoining, remaining or new building,
structure or lot to be in contravention of this By-Law.
.2
In the event that a contravention of this By-Law occurs as a result of any action described
in Section 3.18.1, no building or structure in contravention as set out in Section 3.18.1
shall thereafter be used until the requirements of this By-Law applicable thereto are
complied with.
.3
The provision of Section 3.18.1 and 3.18.2 shall not apply to lands severed pursuant to
the provisions of the Expropriations Act or to a street widening acquired by a
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governmental authority.
-
3.19
FENCING OF PRIVATELY OWNED OUTDOOR SWIMMING POOLS
The owner of every privately owned outdoor swimming pool shall erect and maintain a
fence completely enclosing the pool, which fence shall conform to the specification of the
applicable Municipal Swimming Pool By-Law.
-
3.20
WATERCOURSE SETBACKS
.1
Notwithstanding any yard provisions of this By-Law, no person shall hereafter erect any
building or structure in any zone which is closer than 15 metres (50 ft.) from the top of
bank of a 'municipal drain, open' or 'municipal drain, enclosed'; or closer than 30 metres
(98 ft.) to the top of bank of any 'watercourse' or within an 'EP - Environmental Protection'
zone boundary, whichever setback is greater.
.2
Notwithstanding any other provisions of this By-law, the geographic Town of Walkerton
is exempt from top of bank setbacks from any 'watercourse'.
-
3.21
SETBACKS FROM DISPOSAL AREAS - WASTE & SEWAGE
.1
No building or structure erected and used for human habitation shall be located closer
than:
i.
150 metres (492 ft) from any area zoned for and containing a 'sewage treatment plant'
or
ii. 50 metres (164 ft) from any area zoned for and containing a 'communal sewage
disposal system'; either within or outside of the limits of the Corporation.
.2
No building or structure erected and used for human habitation shall be located closer
than 500 metres (1640 ft) from the fill area as defined in a 'Certificate of Approval' for an
open municipal or private 'solid waste disposal site' or a 'composting facility', either
within or outside of the limits of the Corporation.
.3
Notwithstanding Sections 3.22.1, and 3.22.2, additions, enlargements and alterations to
existing buildings and structures within the required setback shall be permitted in
accordance with the applicable zoning designation.
-
3.22
PROVINCIAL OR COUNTY STREET RIGHT-OF-WAY SETBACKS
.1
Buildings or structures erected adjacent to a Provincial Street shall be required to comply
with the setback requirements of the Province.
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COMPRENSIVE ZONING BY-LAW
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.2
No building or structure shall be erected within a distance of 22.9 metres (75 feet) from
the edge of the right-of-way of any County Street outside of the Urban Area and Hamlet
boundaries as identified on County of Bruce Official Plan.
.3
Notwithstanding the provisions of Section 3.22.2, between two permanent dwellings on
the same side of the street, separated by not more than 100 metres (328 ft), the minimum
setback shall be the average of the setbacks of the two adjacent buildings plus 2 metres,
or 33 metres from the centre line of any County Street, whichever is the lesser.
.4
Notwithstanding the provisions of Section 3.22.2, within 30 metres of an existing
permanent dwelling where Section 3.22.3 would not apply, the minimum setback shall be
the average of: the setback of the existing dwelling plus 33 metres (('x' metres + 33)/2),
from the centre line of any County Street, whichever is the lesser.
.5
The provisions of Section 3.22.2 shall not apply where a County road is within an urban
area shown on Schedule 'A' Land Use of the County of Bruce Official Plan as defined in the
Highway Traffic Act, where building setbacks are regulated elsewhere in this By-law.
-
3.23
STREET
3.23.1 Streets - Class 1
.1
Class 1 Streets are shown on Schedule 'A' and are constructed and maintained so as to
permit year round access to adjacent properties. For the purpose of this By-Law, County
and Provincial roads are considered to be Class 1 Streets.
.2
The Corporation, within reasonable limits, will provide a level of municipal service on
Class 1 Streets within its jurisdiction as is customarily practised by the Corporation.
.3
For the purposes of this By-Law, a 'lane' or 'private street' shall not be considered to be
a Class 1 Street regardless of the level of construction or maintenance.
3.23.2 Streets - Class 2
.1
Class 2 Streets under the jurisdiction of the Corporation are shown on Schedule 'A' and
regardless of the level of construction or maintenance shall for the purposes of this By-
Law mean that the Corporation is not obligated to provide municipal services such as
snow plowing, provision of garbage/recycling collection, or fire protection on a year round
Note:
Ministry of Transportation
Any development located adjacent to a Provincial Highway will be subject to the
setback and frontage requirements, along with the access and building permit
controls, of the Ministry of Transportation. Any proposed access to a Provincial
Highway will be subject to the prior approval of the Ministry of Transportation.
Permits from the Ministry must be obtained prior to any construction and/or grading
being undertaken on the site.
General Provisions For All Zones
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
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MARCH 25, 2013
basis.
.2
For the purposes of this By-Law, a 'lane' or 'private street' shall be considered to be a
Class 2 Street.
-
3.24
FRONTAGE ON A STREET (Building Permits
.1
No person shall erect any building or structure in any zone unless the lot upon which such
building or structure is to be erected:
i.
fronts, and has ingress and egress upon a Class 1 Street; or
ii. is a lot on a Registered Plan of Subdivision and a "Subdivision Agreement" is in effect
with the "Subdivision Agreement" providing for the assumption of the street as a Class
1 Street upon completion of the subdivision; or
iii. is within a registered Plan of Condominium.
.2
No person shall erect any building or structure, or increase the height, size or volume of
existing structures, in any zone fronted by a Class 2 Street unless the owner of the lot
upon which such building or structure is to be erected or increased in height, size or
volume has entered into a 'Limited Service Agreement' with the Corporation.
-
3.25
SIGHT TRIANGLES
In all zones, on a corner lot, no buildings, structures or Planting Area/Visual Screening
shall be erected in such a manner as to materially impede vision of the intersection above
a height of 0.5 metres (20 inches) and below a height of 4 metres (13 ft) above the centre
line grade of the intersecting street in the triangular area bounded by the exterior lot line
and front lot line of the corner lot and a line from the points along said exterior lot line
and front lot line a distant 10 metres (33 ft) from the point of intersection of said exterior
lot lines.
-
3.26
OFF-STREET PARKING REGULATIONS
Unless otherwise provided for in this By-Law, angle or parallel parking spaces shall be
provided and maintained in accordance with the following regulations:
3.26.1 Required Number of Parking Spaces
Required Number of Spaces by Use
Minimum Number of Spaces
i)
Dwelling, non-farm; dwelling,
accessory detached; dwelling, single
detached; dwelling, duplex; dwelling,
semi-detached; dwelling, converted,
dwelling, townhouse street or other
dwelling not otherwise specified
herein
2 parking spaces per dwelling unit
ii) Dwelling, additional residential unit;
dwelling, garden suite
1 parking space per dwelling unit
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iii) dwelling, apartment building; dwelling,
townhouse cluster
iv) group home type one and two
1 parking space per dwelling unit plus 0.25
parking spaces per dwelling unit for the first
20 units, intended and clearly identified for
visitor parking. 1.0 parking spaces per
dwelling unit where greater than 20 units.
2 parking spaces plus 0.25 parking spaces
per bedroom
v) assembly hall; livestock auction barn
1 parking space for each 5 fixed seats or
fraction thereof, or 1 space for each 10 m2
(108 ft2) of floor area, gross, whichever is
greater
vi) commercial college; child care centre;
educational facility
Commercial College: 1 parking space per 20m2
(215 ft2) of floor area, gross.
Child Care Centre: 3 parking spaces per
classroom assembly, whichever is greater.
Education Facility - Elementary: the greater of
either 1.5 parking spaces per classroom or 1
parking space per 3 m2 of any auditorium or
any gymnasium floor area.
Educational Facility - Secondary: the greatest
of either 3 parking spaces per classroom or 1
parking space per 3 m2 of any auditorium or
any gymnasium floor area.
vii) public park
2 parking spaces per 0.4 hectares (1 ac)
viii) travel trailer sales establishment; farm
implement establishment; marine,
recreation and small engine
establishments; school bus storage
4 parking spaces per 0.4 hectares (1.0 ac)
plus 1 parking space per service bay
ix) agriculture produce warehouse; bulk
fuel depot; composting facility;
portable asphalt plant or concrete
plant; pit; quarry; wayside pit/quarry;
recycling depot; riding
stable/equestrian centre; salvage yard;
sewage treatment plant; solid waste
disposal site; transport depot;
livestock assembly yard
4 parking spaces per use
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j)
conservation area; snowmobile club;
gun club; cross country ski facility;
adventure game
1 parking space per 1.0 hectares (2.5 ac)
k) abattoir; industrial use, dry; industry,
light; industrial use; food processing,
primary; food processing, secondary;
research establishment/laboratory;
saw or planing mill; technology
industry
1 parking space for each 100 m2 (1,076 ft2) of
gross floor area plus 1 space for each 20m2
(215 ft2) or fraction thereof, devoted to office
use.
l)
campground
1 parking space for each campground site
plus 1parking space for every 4 campground
sites, or fraction thereof, to be set aside for
and visually identified as visitor's parking
m) bulk sales establishment - agriculture;
feed mill & elevator
1 parking space per 20 m2 (215 ft2) gross
floor area for interior space plus 1 parking
space per 50 m2 (538 ft2) gross floor area for
outdoor sales, display or warehouse area
n) trades person's shop; contractor's
yard
1 parking space per 50 m2 (538 ft2) of gross
floor area plus 1 parking space for each 20
m2 (215 ft2) or fraction thereof, devoted to
office use
o) garden centre; greenhouse,
commercial; rental establishments
1 parking space per 20 m2 (215 ft2) of gross
floor area for retail or administration and 1
parking space per 50 m2 (538 ft2) of gross
floor area for outdoor storage, sales and
display or greenhouse
p) public garage
2 parking spaces per service bay
q) public utility building
1 parking space per building or structure
r) golf course
2 parking spaces per hole
s) miniature golf course; golf driving
range
2 parking spaces per hole miniature golf;
1parking space per tee plus 1parking space
per 10 m2 (108 ft2) of building gross floor
area or fraction thereof
t)
residential care facility
1 parking space per 2 resident rooms, plus 1
parking space per 10 resident rooms intended
and clearly identified for visitor parking.
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COMPRENSIVE ZONING BY-LAW
57
MARCH 25, 2013
u) hospital
1 parking space per patient room
v) funeral home
w) business or professional office; clinic;
fitness
centre;
public
building;
veterinary clinic; veterinary clinic -
small animal
x) recreation centre
y) all automobile uses; all commercial
uses
z) hotel/motel
1 parking space per 18 m2 (194 ft2) of gross
floor area with a minimum of 10 parking
spaces
1 parking space per 20 m2 (215 ft2) of gross
floor area
The greater of 1 parking space per 10 fixed
seats or 1 parking space per 10 m2 (108 ft2)
of gross floor area and 2 parking spaces per
0.4 hectares (1 ac.) of lot area
1 parking space per 20 m2 (215 ft2) of gross
floor area plus 1 parking space per service
bay, wash bay and/or fuel pump
1 parking space per guest room plus the
greater of either 1 parking space per 4 seats
or 1 parking space per 10 m2 (108 ft2) of
gross floor area per 'Tavern' and/or
'Restaurant'
aa) warehouse; warehouse, mini-storage
bb) artisan
studio;
convenience
store;
factory outlet; personal service shop;
retail store; retail, large format
cc) restaurant; restaurant, take-out; tavern
dd) any 'commercial use' or 'other use' not
otherwise specified herein
ee) any 'industrial use' not otherwise
specified herein
1 parking space per 200 m2 (2,153 ft2) of
gross floor area plus 1 parking space for each
20 m2 (215 ft2) or fraction thereof, devoted to
office use plus 1 parking space per 500 m2 of
total lot area used for open storage
1 parking space plus 1 additional parking
space per m2 (215 ft2)
the greater of either 1 parking space per 4
seats or 1 parking space per 10 m2 (108 ft2)
of gross floor area
1 parking space per each 30 m2 (323 ft2) of
gross floor area or fraction thereof
1 parking space per each 90 m2 (969 ft2) of
gross floor area or fraction thereof with a
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COMPRENSIVE ZONING BY-LAW
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MARCH 25, 2013
minimum of 5 parking spaces
3.26.2 Barrier Free Parking Spaces
Included in the number of parking spaces required in Section 3.26.1 for all uses, save and
except for Residential uses without shared common parking facilities, shall be Barrier Free
parking spaces in accordance with the following:
Total
No.
Parking Spaces
Total No. of Barrier Free
Spaces Required
Type A Spaces
Type B Spaces
1 -12
1
1
0
13-100
4%
For lots with an even number of total
Barrier Free Spaces - provide an equal
number of Type A and Type B spaces.
For lots with an odd number of total
Barrier Free Spaces - provide an equal
number of Type A and Type B spaces.
The additional space may be a Type B
space.
101-200
3% + 1
201-1000
2% + 2
1001+
1% + 11
Note:
The number of spaces shall
be rounded up to the nearest
whole number.
i.
Where electric vehicle parking and barrier free parking is required a minimum of
one (1) Barrier Free Type A Space shall be configured for electric vehicle parking.
3.26.3 Electric Vehicle Parking Spaces
.1
Where a new parking area is being established or a parking area is being expanded,
electric vehicle parking spaces are required as follows:
i.
Where new development includes a 'Dwelling, Apartment Building', a minimum of
1 electric vehicle parking space shall be required, for every 20 required parking
spaces in accordance with Section 3.26. For all other uses, no minimum
requirement applies.
3.26.4 Calculation of Spaces
.1
When a building or lot accommodates more than one use or purpose the required parking
spaces shall be the sum total of the required parking spaces for the separate uses or
purposes. Parking facilities for one use shall not be considered as providing required
parking for any other uses.
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COMPRENSIVE ZONING BY-LAW
59
MARCH 25, 2013
.2
If calculation of the required parking spaces results in a fraction, the required parking
spaces shall be the next higher whole number.
3.26.5 Size and Accessibility of Parking Spaces
Every parking space shall maintain a minimum area and width and shall be accessible
from unobstructed manoeuvring aisles and shall be in accordance with the following
regulations:
.1 Angle Parking
Angle in Degrees
Parking Space in
Length
Manoeuvring Aisle
Width
Parking Space in Width
30
4.6 m (15 ft)
3.7 m (12.1 ft)
2.75 m (9.1 ft)
45
5.5 (18 ft)
4.0 m (13.1 ft)
2.75 m (9.1 ft)
60
5.8 (19 ft)
5.5 m (18 ft)
2.75 m (9.1 ft)
90
5.5 m (18 ft)
7.3 m (24 ft)
2.75 m (9.1 ft)
.2 Parallel Parking
Parking Space Length
Parking Space Width
Manoeuvring Aisle Width
6.7 m (22 ft)
3 m (9.9 ft)
3 m (9.9 ft)
3.26.6 Barrier Free Parking
Notwithstanding the parking space size requirements listed in Sections 3.26.5(1) and
3.26.5(2), the minimum parking space width for Barrier Free Parking shall:
i)
Type A - minimum width of 3.4 m and a minimum length of 5.2m.
ii)
Type B - minimum width of 2.4 m and a minimum length of 5.2m.
An access aisle 1.5 m in width is required to abut the length of each barrier free space.
Where two or more barrier free parking spaces are required, the access aisle may be
shared between the accessible parking spaces.
3.26.7 Provisions and Location of Spaces
.1
Parking spaces shall be provided at the time of erection of any building or structure, or at
the time any building or structure is enlarged.
.2
Parking spaces shall be located on the same lot or within the same building as the use for
which said parking is required.
.3
However, where the owner of a building or structure proposes to provide the required
parking spaces and areas in a location other than on the same lot as the use that requires
such spaces and areas, then such parking shall be located not more than 150 metres (492
ft) from the said lot and shall be located within the same zone as the said lot. Such
parking shall not be considered as required parking for the use of the lands upon which
the parking spaces are situated.
General Provisions For All Zones
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
60
MARCH 25, 2013
.4
Should it not be possible to accommodate the required number of parking spaces on
site or within 150 metres (492 ft) of the site, Council may, if appropriate, require the
owner to enter into an agreement under Section 40 of the Planning Act for the payment
of cash in lieu of parking.
.5
Uncovered parking spaces may be located in the required yards. Parking in the front
yard setback of a residential lot is restricted to parking on a driveway. Driveway
provisions are established in Section 3.26.9
3.26.8 Application of Parking Requirements
The parking area 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 floor area as it existed at
such date is not increased and the building or structure is used for a purpose which does
not require more parking spaces according to this section, than were required by its use
at the date of passing of the By-Law. However, if a use is changed or a building is enlarged
in floor area or there is an increase in number of employees, number of dwellings or
seating capacity or otherwise as would require an additional number of parking spaces,
then such additional parking spaces shall be provided based on said change of use or
expansion. In the case of a change in use, the number of parking spaces required will be
determined by calculating the difference between that which would be required by the
new and the existing uses.
3.26.9 Seating Accommodation by Benches or Outdoors
For the purposes of Section 3.27.8, where seating accommodation is provided by benches,
0.5 metres (20 inches) of bench space shall be considered as equivalent to one (1) seat.
Where outdoor seating is provided in conjunction with a permitted use, parking spaces
shall be provided in accordance with Section 3.27.1. For the purposes of Section 3.27.1,
an outdoor seating area shall be considered as part of the 'gross floor area' as the case
may be, for the purposes of calculating required spaces.
3.26.10
Entrance [Driveways
Note: Entrances and/or Entrance Permits may also be regulated by the Province of Ontario,
County of Bruce or the Municipality of Brockton for their respective road systems.
.1
Ingress and Egress Access to parking spaces required by this By-law must be provided by
an unobstructed driveway with a width between 3.0 m and 9.1 m. Notwithstanding this
requirement, industrial and commercial uses may have driveways up to 14 m wide.
.2
The maximum width of any joint entrance and exit driveway measured along the street
line shall be 7.5 metres (24.6 feet).
.3
The minimum distance between a driveway and an intersection of street lines measured
along the street line intersected by such driveway shall be 7.5 metres (24.6 feet).
.4
The minimum angle of intersection between a driveway and a street line shall be 45
degrees.
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MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
61
MARCH 25, 2013
.5 Every lot shall be limited to the following number of driveways:
i.
Up to the first 30 metres of frontage measured along the street line, no more than 1
driveway; and,
ii. For each additional 30 metres of frontage measured along the street line - no more
than 1 additional to a maximum of three driveways.
.6
An entrance serving a non-residential use shall not be located closer than 3 metres (10
feet) to a lot containing a dwelling as a principal use.
.7
An entrance serving a residential use shall not be located closer than 1 metre (3 feet) to
the side property line, save and except for a joint driveway servicing two lots in which
case the entrance shall not require any setback.
.8
All driveways shall require a permit from the appropriate approval authority and shall be
constructed and maintained in accordance with applicable municipal by-laws.
Notwithstanding the provisions contained in section 3.26.9 Entrance Driveway and Section
26.1 Conflict with Other By-Laws, should a provision of this By-Law conflict with a
provision of a permit from the appropriate approval authority or a by-law or regulation of
the appropriate approval authority, the permit, by-law or regulation of the approval
authority shall prevail.
3.26.11 Surfacing and Drainage of Parking Areas and Entrances
All entrance and parking areas, except agricultural, shall be constructed of asphalt,
concrete, or gravel and shall be maintained or treated so as to prevent the raising of dust
or loose particles. Drainage shall be provided so as to prevent the flow of surface water
on to adjoining lots.
3.26.12 Illumination of Parking Areas or Entrances
When parking areas and/or entrances are illuminated, lighting fixtures shall be so
arranged that no part of any fixture shall be more than 9 metres (30 ft) above the adjoining
finished grade and light shall be directed downward and away from adjoining lots.
3.26.13 Parking /Storage of Recreational or Commercial Vehicles in a Residential Zone
Note: This section applies to the R1, R2 and R3 - Urban Residential zones, LR Lake Residential
zone, and HR Hamlet Residential zone.
.1
The parking or storage of any vehicle without current license plates within lands zoned
for residential purposes shall be prohibited unless it is stored in an enclosed garage or
other accessory building.
.2
No part of any residential lot shall be used for the temporary parking or storage of any
commercial motor vehicle.
.3
No part of the required front or exterior side yard of any residential lot except for a
driveway shall be used for the temporary parking or storage of any trailer, boat, bus,
recreational vehicle, camper, or coach. Such vehicles parked in a driveway shall be
located so no part of the vehicles on or above the ground is within 1.2 metres of the
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COMPRENSIVE ZONING BY-LAW
62
MARCH 25, 2013
side lot line and shall be set back of a minimum of 2 metres (~ 6.5 feet) from the
nearest edge of the sidewalk or paved boulevard, or 2 metres (~ 6.5 feet) from the
nearest edge of the curb if there is no sidewalk, or 3 metres (~9.8 feet) from the nearest
edge of the travelled portion of the road, if there is no sidewalk and no curb; and,
.4
Not more than thirty percent (30%) of the aggregate area of the side yards and rear yard
of any residential lot shall be occupied by parking spaces or storage spaces for
unoccupied motor vehicles, trailers, boats and motorized snow vehicles; no part of any
such vehicle, on or above the ground, shall be located within 1.2 metres (~ 4feet) of the
side lot line.
-
3.27
LOADING REGULATIONS
The owner or occupant of any building or structure located in the Zones identified in Table
1 below, shall provide and maintain at the premises, on the lot occupied by the building
or structure and not forming part of a street or lane, within the zone in which such use is
located, loading and unloading spaces in accordance with the following regulations:
Table 1 - Loading Space Regulation
Industrial Zones
Minimum Spaces Required
0 to 464.5 m2 (5,000 ft2)
464.6 m2 to 2,322.5 m2 (5,001 ft2 to 25,000 ft2)
greater than >2,322.5 (25,000 ft2)
0 spaces
one (1) space
two (2) spaces
Commercial Zones
Minimum Spaces Required
0 to 185.8 m2 (2,000 ft2)
185.9 m2 to 929.0 m2 (2,001 ft2 to 10,000 ft2)
greater than >929.0 (10,000 ft2)
0 spaces
one (1) space
two (2) spaces
Note: All of the above are in reference to 'Gross Floor Area' of the main use.
3.27.1 Access
In addition to the number of loading spaces, adequate space shall be provided for the
parking of vehicles awaiting access to loading, and any additional area as is necessary for
the manoeuvring of a truck-trailer either into or out of the loading space. Access to
loading spaces shall be by means of a driveway at least 6 metres (20 ft) wide contained
within the lot on which the spaces are located and leading to a street or lane located within
or adjoining the zone in which the use is located.
3.27.2 Loading Space Dimensions
Each loading space shall be at least 15 metres (49.2 ft) long, at least 3.5 metres (11.5 ft)
wide and shall have a vertical clearance of at least 4.5 metres (14.8 ft).
3.27.3 Location of Loading Space
No loading space shall be located in the required front yard nor shall any required off-
street parking space be considered in calculating the required number of off-street
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COMPRENSIVE ZONING BY-LAW
63
MARCH 25, 2013
loading spaces. On a corner lot loading spaces may be located between the main building
and the flanking street but not within the required exterior side yard.
3.27.4 Surface and Drainage of Spaces and Driveways
Loading spaces and driveways thereto shall be constructed of asphalt, concrete or a stable
surface of crushed stone or gravel and shall be maintained or treated so as to prevent the
raising of dust or loose particles. Drainage shall be provided so as to prevent the flow of
surface water on to adjoining lots.
3.27.5 Application of Loading Space Requirements
When a building or structure has insufficient loading spaces on the date of passing of this
By-Law to conform to the provisions herein, this By-Law shall not apply to require that
the deficiency be made up prior to the construction of any addition. In the case of an
expansion or enlargement of an existing building or structure, the requirement for the
provision of additional loading spaces shall be based on said expansion or enlargement.
Notwithstanding Section 3.27.1, where the building or structure is deficient in loading
spaces, a loading space shall be required for an expansion of 25 m2 or greater and less
than 100 m2.
3.27.6 Landscaping
Where a loading area/space abuts any street or residential use or zone, then a Planting
Area/Visual Screen as per Section 3.15 shall be provided within the lot requiring such
loading area and along the lot line adjoining such street, use or zone.
-
3.28
PROVISIONS FOR AN EXISTING MOBILE HOME NOT IN A MOBILE HOME PARK
Existing mobile homes located on an existing lot of record shall conform to the residential
provisions of the zone in which it is located. If no residential provisions exist for the zone
in which it is located, the mobile home shall be subject to the 'Non-Farm Lot provisions
of Section 6.2.
-
3.29
CONFLICTING REGULATIONS OR PROVISIONS
Where there are conflicting provisions in this By-law, the most restrictive shall apply.
-
3.30
LIGHTING
Lighting fixtures designed to provide exterior illumination on any lot shall be installed
with the light directed or deflected away from adjacent lots and streets and shall not be
similar to traffic lights.
-
3.31
DRAINAGE OF LOTS
In all zones, other than an Agricultural zone, all lands, buildings and structures shall
provide adequate drainage so as to prevent the flow of surface water onto adjoining lots.
-
3.32
CERTIFICATE OF OCCUPANCY
.1
Where a 'Certificate of Occupancy' is listed as a requirement by this By-Law, no person
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COMPRENSIVE ZONING BY-LAW
64
MARCH 25, 2013
shall make a change in the type of use of any land, building or structure covered by this
By-Law without first obtaining such Certificate as described in the Planning Act R.S.O.
1990 from the Corporation.
.2
No 'Certificate of Occupancy' shall be refused if the proposed use is not prohibited by this
By-Law.
-
3.33
SETBACKS FROM PRIVATE STREETS
A 'private street' shall be considered to be a 'street' for the purposes of determining
setbacks for this By-Law.
-
3.34
MINIMUM DISTANCE SEPARATION GUIDELINES (MDS
.1
Notwithstanding any other provisions of this Bylaw to the contrary, lands to be rezoned
to permit a residential, institutional, commercial, industrial, recreational or non-farm
dwelling use, will not contravene the MDS I formula developed by the Ontario Ministry of
Agriculture, Food and Rural Affairs as calculated using Appendix 'A' to this By-Law.
.2
Notwithstanding any other provisions of this By-Law to the contrary, where a dwelling is
destroyed in whole, or in part, by a catastrophe, MDS I will not be applied when the
dwelling is rebuilt, provided it is built no closer to livestock facilities or an anaerobic
digester than before the catastrophe.
.3
Notwithstanding any other provisions of this By-law to the contrary, where a habitable
dwelling is removed/demolished purposefully in whole or in part, MDS I will not be
applied to a new dwelling provided that:
i.
The new dwelling is built no closer to livestock facilities than the distance before the
dwelling was removed/demolished; and,
ii. A building permit is issued within one (1) year of the date the original habitable
dwelling was removed/demolished.
.4
Notwithstanding any other provisions of this Bylaw to the contrary, a first or expanding
livestock facility permitted in any Agricultural Zone, will not contravene the MDS II formula
developed by the Ontario Ministry of Agriculture, Food and Rural Affairs as calculated
using Appendix 'A' to this By-Law.
.5
Notwithstanding any other provisions of this By-Law to the contrary, where a livestock
facility is destroyed in whole, or in part, by a catastrophe, MDS II will not be applied when
the livestock facility is rebuilt, provided it is built no closer to surrounding land uses and
lot lines than before the catastrophe, and the values of Factor A, B and/or D have not been
increased for the livestock facility.
.6
Notwithstanding any other provision of this By-Law to the contrary, for the purposes of
calculating MDS II for a first or expanding livestock facility permitted in any Agricultural
Zone, those lands zoned 'INR-1'shall be treated as a Type B land use.
.7
All 'Livestock Facilities' and 'Manure or Material Storage' shall be constructed, altered and
enlarged in compliance with all applicable provincial legislation, regulations and municipal
General Provisions For All Zones
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COMPRENSIVE ZONING BY-LAW
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MARCH 25, 2013
By-laws, as amended from time to time.
.8
For the purposes of preparing an MDS I or MDS II calculation, a cemetery which is closed,
which receives low levels of visitation, or where no place of worship is present shall be
considered a Type A land use (i.e., less sensitive use).
-
3.35
ESTABLISHED BUILDING LINE
.1
Notwithstanding any other section of this By-law to the contrary, in any Residential Zone
between two existing Dwellings within 50 meters (164 feet) of each other on the same
block, a new Dwelling may be built within a setback equal to the average setback of the
adjacent dwellings only on an existing lot of record, but in no circumstance shall the
setback be less than 4.5 meters (15 feet) from the front lot line.
.2
Notwithstanding any other section of this By-law to the contrary, where an existing main
building or structure encroaches into the required front yard or exterior yard setback as
established in this By-law, additions to the existing main building or structure may be
permitted with an equal or greater setback, subject to all other applicable regulations of
this By-law.
-
3.36
GROUP HOMES
Notwithstanding any other provisions of this By-law, a group home may be permitted only
in a 'dwelling, single detached' provided that:
.1
The group home shall occupy the whole of the 'dwelling, single detached';
.2
The total number of individuals does not exceed as defined for Group Home - Type One
or Group Home - Type Two;
.3
The group home shall comply with the applicable zone regulations;
.4
There is no other Group Home - Type One or Group Home - Type Two within 250 metres
(820 ft) of the proposed facility in any one direction; and,
.5
Off-street parking shall be in accordance with Section 3.26.
-
3.37
THROUGH LOTS
Where a lot has frontage on and vehicle access from more than one street or lane, such
lot shall provide 'yards' on each street or lane with minimum distances equal to the
front yard required by the zone or zones in which each yard is located.
-
3.38
FLOOD FRINGE OVERLAY
The Flood Fringe Overlay applies to a portion of the lands within the former Town of
Walkerton that have the potential to flood resulting from a major storm event. Floodplain
for the purposes of the Flood Fringe Overlay shall mean the Hurricane Hazel Flood Event
Standard ("floodplain"). The Flood Fringe represents the outer portion of the floodplain.
In portions of the former Town of Walkerton, the two zone concept is applied. The
provisions of the Flood Fringe Overlay shall be applied in addition to the regulations of
General Provisions For All Zones
MUNICIPALITY OF BROCKTON
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the underlying zone which are identified by a zone symbol on Zoning Map 18 of the By-
law. The lands to which the Flood Fringe Overlay applies are identified by a stipple pattern
on Zoning Map 18 of this By-law. The floodway is zoned Environmental Protection (EP).
3.38.1 Uses Permitted
Uses permitted, including additions to existing uses, buildings and structures in the Flood
Fringe Overlay shall be in accordance with the applicable underlying zone provisions of
the By-law except that the establishment of new uses for the following purposes will not
be permitted:
i.
Institutional uses such as 'hospital', 'residential care facility', 'Child Care Centre' and
'educational facility', where there is a threat to the safe evacuation of the sick, the
elderly, persons with disabilities or the young during an emergency as a result of
flooding and/or failure of flood proofing measures or protection works;
ii. Essential municipal services such as police, fire and ambulance and electrical
substations, which would be impaired during an emergency as a result of flooding,
the failure of flood proofing measures, and/or protection works, and,
iii. Uses associated with the disposal, manufacturing, treatment or storage of significant
amounts of hazardous substances.
Establishment of Zones
MUNICIPALITY OF BROCKTON
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SECTION 4 - ESTABLISHMENT OF ZONES
-
4.1 GENERAL
For the purposes of this By-Law, the land area of the Corporation is hereby divided into
various generalized and specific 'Zones' to which the provisions and regulations herein
shall respectively apply.
-
4.2 ZONE SYMBOLS
.1
The following Zones are hereby established and are designated on Schedule 'A' by symbols
consisting of letters and numbers, or letters only, as the case may be:
Zone
Symbol
Agriculture Zones
General Agriculture
A1
Residential Zones
Hamlet Residential
HR
Inland Lake Residential
LR
Mobile Home Park Residential
MHP
Residential Zone 1
R1
Residential Zone 2
R2
Residential Zone 3
R3
Commercial Zones
Hamlet Commercial
HC
Travel Trailer Park and Campground
TTP
Central Business District
C1
Transition Commercial
C2
Highway Commercial
C3
Industrial/Commercial Zones
Agriculture Commercial Industrial
ACI
Business Park 1
BP1
Business Park 2
BP2
Light Industrial
M1
Heavy Industrial
M2
Extractive Industrial
M3
Rural Commercial Industrial
RCI
Hamlet Industrial
HI
Waste Disposal
WD
Airport
AP
Establishment of Zones
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MARCH 25, 2013
Other Zones
Institutional Rural
INR
Institutional Urban
IN
Open Space Rural
OSR
Open Space Urban
OS
Environmental Protection
EP
Planned Development
PD
.2
Whenever in this By-Law the term 'Zone' is used, preceded or followed by any symbol, as
the case requires, such combination shall refer to any area delineated on Schedule 'A' and
designated therein by said symbol.
-
4.3 SPECIAL USE PROVISIONS
Where any of the Zone symbols described in Section 4.2.1 are shown on Schedule 'A'
followed by a dash and a number (e.g. A1-1) then special provisions and/or uses to the
normal zone provisions apply to such lands. Such special provisions will be found by
reference to that section of the By-Law that deals with that particular zone. Lands
designated in this manner shall be subject to all the restrictions of the zone, except as
otherwise provided by the special provisions.
-
4.4 SPECIAL HOLDING PROVISIONS
.1
The symbol 'H' when used in conjunction with a zone designation (e.g. 'ACI-H') can denote
areas in which the use of land and the erection of buildings or structures will not be
permitted in accordance with provisions for such zone designation. The removal of the
holding symbol 'H' by Council By-Law will permit the use of land and erection of buildings
and structures in accordance with the zone designation and its provisions. Until such
time as the 'H' symbol is removed, any lands so designated may be used for lawfully
existing uses.
.2
Notwithstanding the provisions of this section, alterations, additions or enlargements to
existing residential building or structures and accessory structures will be permitted
provided such buildings and structures were lawfully used for residential purposes on the
date of the passing of this By-Law and provided such alterations, additions or
enlargements conform to the relevant sections of this By-Law.
.3
Notwithstanding their underlying zoning designation, on those lands identified as being
subject to the "H1" Holding zone, lot grading; excavation; and/or construction shall not
be permitted unless the Holding (H1) zone provision is removed. The area of the H1
zone that may be lifted shall be limited to the area included in the assessment and may
only be removed by Council upon:
i.
Approval by the Zoning Administrator of an Archaeological Assessment which has
been:
(a) conducted by an archaeologist licensed in the Province of Ontario;
(b) confirmed by the appropriate Ministry to have been accepted into the
Ontario Public Register of Archaeological Reports; and,
Establishment of Zones
MUNICIPALITY OF BROCKTON
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MARCH 25, 2013
(c) Includes engagement with the Saugeen Ojibway Nation in accordance
with its process and standards; and,
ii.
Confirmation
to
the
satisfaction
of
the
Zoning
Administrator
that
the
recommendations of the archaeological report (if any) have been implemented.
.4
Where a Consent for lot creation or lot enlargement application has been approved by
the County of Bruce, or its delegate, and/or when a Minor Variance is approved by the
Municipality of Brockton. The appropriate Zone Map in this By-law shall be amended for
areas of the land that are within an area noted as "High Archaeological Potential" in the
Bruce County screening maps and will be zoned with a "-H1" holding. The "-H1" holding
may be removed in accordance with Section 4.4.3. The appropriate zoning map will not
be updated with a -H1 Holding where:
i.
An archeological assessment has been conducted by an archaeologist in the Province
of Ontario, that includes engagement with the Saugeen Ojibway Nation in
accordance with its process and standards, confirmed by the appropriate Ministry
to have been accepted into the Ontario Public Register of Archaeological Reports
and the recommendations of the assessment implemented to the satisfaction of the
Zoning Administrator.
ii.
It has been demonstrated, in consultation with the Saugeen Ojibway Nation, and to
the satisfaction of the Zoning Administrator, that deep ground disturbance has
recently occurred.
iii.
In consultation with the Saugeen Ojibway Nation, a Minor Variance that does not
facilitate new construction.
iv.
The re-creation of original township lots.
By-law 2013-089, VanVuuren Z46/13)
By-law 2014-046 - Clancy c/o Biesenthal, Lot 6, Con 5, Greenock
By-law 2014-061 - Metzger, Lot 6, Con 7, Greenock
By-law 2014-079 - Ferris c/o Kirkpatrick, Lot 19, Con 19, W 1/s Lot 9, Con 19, Greenock
By-Law 2015-019 - Heipel, Pt Lots 13 and 14, Con 6, Greenock
By-Law 2016-021 - Ackert & Maus - Lot 10, Concession 17, Greenock (A1-1-H1)
By-Law 2016-024 - Lang - Part Lots 6, 7, 8 and 9, Con 1 NDR, Brant (A1-1-H1)
By-Law 2016-071 - Poechman c/o Davidson - Lots 54 & 55, Con 2 SDR, Brant (A1-1-H1
and A1-79-H1)
By-Law 2017-016 - Elphick - Pt Lot 4 and Lo5 4, Conc 12, Greenock (A1-H1 and A1-1-
H1)
By-Law 2017-017 - Albadon c/o Ireland, Lot 16, Con 2 and Pt Lot 40, Con 1 NDR,
Greenock - (A1-H1)
Establishment of Zones
MUNICIPALITY OF BROCKTON
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MARCH 25, 2013
By-Law 2017-018 - O'Hagan c/o Cassidy, Lot 17 and South Part Lot 18, Con A, Brant
(A1-H1)
By-Law 2017-044 - Ackert & Maus c-o Adams, Pt Lot 10, Con 17 (Part 1, 3R-9803),
Greenock (A1-1-H1)
By-law 2022-177 - Hill, Concession A Lot 32, Brant (A1-142-H1)
By-law 2023-038 Potts, Plan 162 PT Park Lots 38 39;AND 41 Yonge WS (Former Town of
Walkerton) [28 Yonge St N] (R3-10-H1)
-
4.5 TEMPORARY USE BY-LAW
.1
The symbol 'T' when used in conjunction with a zone designation (e.g. 'ACI-105-T') on
Schedule A, indicates that a Temporary Use By-Law has been passed in accordance with
the Planning Act, R.S.O. 1990, c.P.13, to permit the use of lands, buildings or structures
in accordance with the zone represented by that zone symbol within the area indicated,
with the term of the said temporary use set out specifically in the Temporary Use By-Law;
and upon expiry of such term, the underlying zone indicated on Schedule A shall apply.
.2
The specific temporary use provisions are denoted by the number immediately preceding
the symbol "t/T" (i.e. 'A1-105-T') as shown on Schedule 'A'.
-
4.6 INCORPORATION OF ZONING MAP
The locations and boundaries of the zones established by this By-Law are shown on the
maps appended hereto and which is referred to as Schedule 'A' and comprises the
sectional parts of the zoning map and such maps together with everything shown therein
and all succeeding amendments thereto are hereby incorporated into and are declared to
form part of this By-Law.
-
4.7 ZONING MAPS
4.7.1 Boundaries of Zones
Where any uncertainty exists as to the boundary of any zone as shown on Schedule 'A',
the following provisions shall apply:
.1
Where a zone boundary is indicated as following and is within the boundary of a street,
lane, railway right-of-way or watercourse, the boundary shall be deemed to be the centre
line of such street, lane, railway right-of-way or watercourse.
.2
Where a zone boundary is indicated as approximately following lot lines shown on a
registered plan of subdivision or lot lines of the original Crown survey fabric, the boundary
shall be deemed to follow such lot lines.
.3
Where a zone boundary is indicated as approximately parallel to any street line and the
distance from the street line is not indicated, such boundary shall be deemed to be parallel
to such street line, and the distance there from shall be according to the scale shown on
Schedule 'A'.
Establishment of Zones
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MARCH 25, 2013
.4
Where a zone boundary is indicated as generally following a shoreline, the boundary shall
be deemed to follow such shoreline.
.5
Where any zone boundary is left uncertain after application of the provisions of clauses
(1), (2), (3) and (4) above, then the boundary shall be determined by the scale shown on
the Zoning Map Schedule measured from the centre of the zone line.
.6
Wherever it occurs, the municipal limit is the boundary of the zone adjacent to it.
.7
In any zone, where the zone boundary requires a more precise definition than that
permitted by the scale or detail of the zoning map, the Chief Building Official shall
determine the precise location of the zone boundary and, where appropriate, may consult
with other agencies or individuals as may be relevant.
.8
Notwithstanding the provisions of Section 4.7.1.7, the zone boundaries of the 'EP-1' Zone
shall not be altered except by a By-Law passed under Section 34 of the Planning Act, R.S.O
1990 as amended.
.9
Notwithstanding the provisions of Section 4.7.1.7 and Section 4.7.1.8, in locations where
the 'Environmental Protection (EP)' Zone boundary does not coincide with Saugeen Valley
Conservation Authority (SVCA)'s hazard land mapping, minor adjustments may be
permitted to the 'EP' Zone boundary without an amendment to this By-law when approved
in writing by the SVCA and the Chief Building Official. In a re-interpretation of the limits
of the 'EP' Zone boundary, all requirements of the By-law shall be applied relative to the
revised boundary including any applicable setbacks.
4.7.2 Other Boundary Features - Streets, Watercourses etc
A street, lane, electrical transmission right-of-way, or watercourses shown on Schedule
'A', unless otherwise indicated, shall be included within the zone of adjoining property on
either side thereof and where such street, lane, right-of-way or watercourse serves as a
boundary between two or more different zones, the centre line of such street, lane, right-
of-way, or watercourse, and extending in the general direction of the long dimension
thereof, shall be considered the boundary between zones unless otherwise indicated.
4.7.3 More Than One Zone on a Lot
.1
Where a lot has two or more of its parts classified in different zones, then the provisions
for each zone shall apply to each part as if said part was a separate lot excepting the
following:
i.
Where a portion of a lot is zoned 'EP' such portion may be used to satisfy the side
yard, rear yard or front yard setback requirements of the principle portion.
ii. Where a portion of a lot is partially within the 'EP' zone, that portion of the lot within
the 'EP' zone may be used if required in calculating the Minimum Lot Area provided
that the 'EP' lands comprise no more than 90% of the required Minimum Lot Area.
4.7.4 Minor Lot Enlargement
.1
Where a Consent for a minor lot enlargement is granted by the County of Bruce, or it's
Establishment of Zones
MUNICIPALITY OF BROCKTON
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MARCH 25, 2013
delegate, the zoning of the receiving lands shall extend to incorporate the lands which
are severed and merged. This shall not apply to remove areas from the Environmental
Protection (EP) Zone, the Environmental Protection Special (EP-1) Zone, or to remove '-H'
Holding zones where applicable. The resulting lot area and frontage of the retained
parcel is deemed to comply with the provisions of this Zoning By-law.
This section also applies when lands are closed and conveyed or created by the
Municipality (e.g. in the event of a road closure).
4.7.5 Notes on Schedule 'A'
Additional 'Notes' have been included in Schedule 'A' for reference and convenience
purposes only. This information is subject to change without an amendment to this By-
law and is limited to the following:
i.
Municipal Road Classifications;
ii. Propane Storage and Handling Facility Hazard Distances;
iii. Wellhead and Wellhead Intake Protection Areas;
iv. Delineation of Lands within 120 Metres of Provincially Significant Wetlands; and,
v. Delineation of Saugeen Valley Conservation Authority Regulated Area (Ontario
Regulation 169/06).
Please consult with the Municipality for information regarding Municipal Road Classifications
and Propane Storage and Handling Facility Hazard Distances; the County of Bruce for Wellhead
and Wellhead Intake Protection Areas, and Lands within 120 metres of Provincially Significant
Wetlands; and Saugeen Valley Conservation Authority for information regarding the Regulated
Area.
General Provisions for All Agricultural Zones
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MARCH 25, 2013
SECTION 5 - GENERAL PROVISIONS FOR ALL AGRICULTURAL ZONES - A
-
5.1 DWELLINGS
In any General Agriculture (A1) zone, a maximum of one 'Dwelling, - Accessory Detached'
or 'Non-Farm Dwelling' and one 'Dwelling, Additional Residential Unit', or 'Dwelling,
Additional Residential Unit On Farm' may be erected on a lot. Any legally established
dwelling(s) are recognized to be in conformance with this By-law, in the case of a lot
containing dwelling(s) legally merges with another lot containing dwelling(s).
-
5.2 SURPLUS FARM DWELLING SEVERANCE
Where the County of Bruce or its delegate has approved the severance of a surplus farm
dwelling property the following provisions shall have effect:
i. Notwithstanding the General Agriculture Zone Section 6.2 provisions to the contrary,
the height, yard setbacks, lot coverage, and ground floor area for legally existing
buildings and structures are recognized;
ii. The property containing the surplus farm dwelling(s) and any accessory buildings or
structures is recognized as a non-farm lot in accordance with Section 6.1 a);
iii. All future buildings and structures, or additions to existing buildings and structures,
shall comply with the provisions of this By-law;
iv. The Lot Frontage for severed surplus farm dwelling lots may be reduced below the
required Zone provisions and shall be in accordance with Section 3.26.9;
v. The retained agricultural lot shall be deemed to comply with the minimum lot area
and lot frontage requirements of the General Agriculture (A1) Zone provided that an
agricultural lot is not reduced below 4.0 hectares;
vi. A minimum lot size of 0.4 hectares is required for the severed surplus farm dwelling
lot;
vii. Shall comply with the requirements of the Minimum Distance Separation Formulae;
viii. Where a dwelling does not exist on the remnant agriculture parcel, the appropriate
Zone Map in this By-law shall be amended to change the A1 General Agricultural Zone
to A1-1 General Agricultural Special for the agricultural parcel preventing the future
erection of a new dwelling; and,
ix. The appropriate Zone Map in this By-law shall be amended for areas of the land that
are within an area noted as "High Archaeological Potential" in the Bruce County
screening maps and may be zoned with a -H1 holding in accordance with Section 4.4.
-
5.3 WATERCOURSE/ENVIRONMENTAL PROTECTION ZONE SETBACK
Notwithstanding the provisions of Section 3.20 or any other yard provisions of this By-
Law, no person shall hereafter erect any 'Livestock Facility' or 'Manure or Material Storage'
unless in compliance with the setback calculated in Appendix 'B' or within an 'EP -
General Provisions for All Agricultural Zones
MUNICIPALITY OF BROCKTON
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Environmental Protection' zone, whichever setback is greater.
-
5.4 REQUIREMENTS FOR KENNELS
.1
New kennel buildings and structures and/or additions to existing kennel buildings and/or
structures must be located at a distance of not less than 100 metres (328 ft) from an
existing residential, institutional or recreational use situated on adjacent lots.
.2
New kennel buildings and structures and/or additions to existing kennel buildings and/or
structures shall be considered an accessory use or building.
-
5.5 ACCESSORY BUILDINGS AND STRUCTURES - NON-FARM LOT
Section 5.5 shall apply only to an accessory building or structure to be located on a 'Non-
Farm Lot' as herein defined.
5.5.1 Prohibited Structures
For the purposes of this section, mobile homes, travel trailers, construction trailers,
transport trailers, railway cars and buses, with or without wheels or a similar
undercarriage shall not be used as accessory buildings or structures on a 'Non-Farm Lot'.
5.5.2 Use of Accessory Buildings and Structures
No accessory building or structure, shall: (1) be used for any occupation for gain or profit
except as may be permitted in this By-Law; or (2) be used for human habitation except as
may be permitted in this By-law.
5.5.3 Location
Accessory buildings or structures, in any 'Non-Farm Lot' in an Agricultural Zone, may be erected
in any yard subject to the following restrictions:
i.
When located in a rear yard, such accessory building or structure shall be located no
closer than 1.2 metres (4 feet) to the rear lot line. Further, any part of such accessory
building or structure shall be setback 3 metres (9.8 feet) from any part of a dwelling
on an adjoining lot.
ii. When located in an interior side yard, an accessory building or structure may be
positioned no closer than 1.2 metres (4 feet) to an interior side lot line. Where a
mutual private garage is erected on the lot line between two lots, no interior side yard
setback is required.
iii. Where erected in an exterior side yard no accessory building or structure shall be
located closer than 6 metres (19.7 ft) to any street line.
Explanatory Note:
All kennel establishments shall comply with the Municipality's current Dog Control
By-law.
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iv. Detached garages or any part thereof, may be located in front of the principal structure
provided it complies with the minimum front yard setback requirements and minimum
side yard requirements.
v. Notwithstanding any of the provisions of this By-law, no accessory building, structure
or use shall be erected or used until the principal building, structure or use is erected
to the satisfaction of the Chief Building Official and in compliance with the provisions
of this By-law. This shall not apply to those uses covered under Section 3.1.2
'Temporary Buildings and Construction Facilities'.
5.5.4 Height
The maximum height for all accessory buildings and structures shall be 6 metres (19.7
ft).
5.5.5 Number & Lot Coverage of Accessory Buildings & Structures
.1
In no case shall the number of accessory buildings or structures exceed three (3).
.2
The total lot coverage of all accessory buildings or structures on a lot shall not exceed 5%
of the lot.
.3
Accessory buildings or structures under 1.5 m2 (16 ft2) shall not be considered to be an
accessory building or structure.
5.5.6 Establishment of an Accessory Building/Structure or Use
Notwithstanding any of the provisions of this By-Law, no accessory building, structure
or use shall be erected, or used until the principal building, structure or use is erected
to the satisfaction of the Chief Building Official and in compliance with the provisions of
this By-Law. This shall not apply to those uses covered under Section 3.1.2 'Temporary
Buildings and Construction Facilities'.
General Agriculture (A1)
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MARCH 25, 2013
SECTION 6 - GENERAL AGRICULTURE (A1)
-
6.1 USES PERMITTED
No person shall within the 'General Agriculture (A1)' zone use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following uses:
a) Non-Farm Lot
-
Dwelling, Non-Farm on an existing lot of record
-
Dwelling, Additional Residential Unit as per Section 3.8.3
-
Kennel as per Section 5.4
-
Home Occupation - Domestic and Professional Uses as per Section 3.9
-
Home Occupation - Bed & Breakfast Establishment as per Section 3.10
-
Home Industry as per Section 3.11
-
Accessory Buildings & Structures as per Section 5.5
b) Agriculture Lot
-
Agritainment
-
Agriculture General
-
Livestock Facility
-
Kennel as per Section 5.4
-
Dwelling, Accessory Detached as per Section 3.8.2
-
Dwelling, Additional Residential Unit on Farm as per Section 3.8.4
-
Forestry/Silvaculture
-
Greenhouse
-
Home Occupation - Domestic and Professional Use as per Section 3.9
-
Home Occupation - Bed & Breakfast Establishment as per Section 3.10
-
Home Industry as per Section 3.11
-
Wayside Pit, Wayside Quarry
-
Portable Asphalt Plant or Portable Concrete Plant
-
Riding Stable/Equestrian Centre
-
Home Child Care
-
Unlicensed Child Care
-
6.2 ZONE PROVISIONS
No person shall within the 'General Agriculture (A1)' zone use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
Provisions
Agriculture Lot
Existing or New 'Non-Farm Lot'
Between 0.5 ha and 4.0 ha
Minimum Lot Area
39 hectares (96 ac)
0.5 ha (1.24 ac)
Minimum Lot Frontage
100 metres (328 ft)
40 metres (131 ft)
Minimum Front Yard
20 metres (66 ft)
10 metres (33 ft)
Minimum Exterior Yard
20 metres (66 ft)
6 metres (20 ft)
Minimum Rear Yard
20 metres (66 ft)
10 metres (33 ft)
Minimum Interior Side Yard
20 metres (66 ft)
4.5 metres (15 ft)
Maximum Height
Not applicable
10 metres (33 ft)
General Agriculture (A1)
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Maximum Lot Coverage
15%
15%
Provisions: Existing 'Non-Farm Lot' with a 'Minimum Lot Area' of 0.5 hectare or less
Minimum Lot Area
Not applicable
Minimum Lot Frontage
Not applicable
Minimum Front Yard
7.5 metres (25 ft)
Minimum Exterior Yard
6 metres (20 ft)
Minimum Rear Yard
10 metres (33 ft)
Minimum Side Yard
3 metres (10 ft) on one side & 1.5 metres (5 ft) on the other side
Maximum Height
10 metres (33 ft)
Maximum Lot Coverage
15%
-
6.3 SPECIAL PROVISIONS
Various Lots (A1-1)
.1
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-1' on
Schedule 'A' to this By-Law, shall be used in accordance with the 'A1' Zone provisions
contained in this By-Law excepting however that:
i)
A 'Dwelling, - Accessory Detached' shall be prohibited.
Township of Brant By-Law #86-1060 (Part of Lot 27, Concession 12)
.2
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-2' on
Schedule 'A' shall be used in accordance with the 'A1' Zone provisions contained in this
By-Law, excepting however that:
i)
The allowable non-farm dwelling allowed on the land shall be a 'mobile home';
ii) Only one 'mobile home' may be erected on the land;
iii) The 'mobile home' may only be occupied by persons of whom at least one is employed
by the owner of the land and engaged full time in the operation of the farming
business which carries on the agricultural use on the lands; and,
iv) No persons shall occupy the 'mobile home' until it is fully connected to an adequate
and operational water and sewage disposal system and a certificate of compliance
from the Bruce-Grey-Owen Sound Health Unit has been filed with the Clerk of the
Township of Brant.
"Explanatory Note:
Garden suites are permitted by the enactment of Temporary Use By-law as prescribed in Section
39 and 39.1 of the Planning Act, which will form an amendment to this By-law."
General Agriculture (A1)
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MARCH 25, 2013
Township of Brant By-Law #86-1061 (Part of Lot 33, Concession 15)
.3
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-3' on
Schedule 'A' shall only be used for the purposes of a 'Group Home - Type One', as it
existed on the date of passage of this By-Law, and in accordance with the 'A1' Zone
provisions contained in this By-Law.
Township of Brant By-Law #99-84 (Part of Lot 65, Concession 2 NDR)
.4
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-4' on
Schedule 'A' shall be used in accordance with the 'A1' Zone provisions contained in this
By-Law, excepting however that:
i)
The minimum side yard for buildings existing on the day of passage of this By-Law
shall be 0.0 metres along the north property line;
ii) The minimum rear yard for buildings existing on the day of passage of this By-Law
shall be 0.0 metres along the west property line;
iii) The raising, breeding, housing or grazing of livestock or poultry shall be prohibited;
and
iv) Where such building is reconstructed or rebuilt as a result of a force beyond the
control of the owner, such reconstruction shall comply, as close as possible, with all
applicable provisions of the By-Law provided that such compliance does not have the
effect of reducing the original height, size of volume of the building or structure.
Township of Brant By-Law #86-1039, #86-1040, #88-1107 (Lot 6, Concession 4; Lot 6,
Concession 6; and Lot 53 and Lot 54, Concession 1 SDR)
.5
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-5' on
Schedule 'A' shall only be used for a non-farm residential use, as it existed on the date
of passage of this By-Law, and in accordance with the 'A1' Zone provisions contained in
this By-Law, excepting however that:
i)
No permanent building or structure shall be erected closer than 15 metres (50 ft) to
the edge of an Environmental Protection Zone.
Municipality of Brockton By-Law #2001-66 (Part Lot 36 & 37, Concession 1 NDR, former Brant)
.6
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-6' on
Schedule 'A' to this By-Law, shall be used in accordance with the 'A1' Zone provisions
contained in this By-Law excepting however that:
i)
The minimum lot area shall be 36 hectares (88.9 acres); and,
ii) A 'Dwelling, - Accessory Detached' shall be prohibited.
Municipality of Brockton By-Law #2002-16 (Part Lot 51, Concession 1 SDR, former Brant)
.7
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-7' on
Schedule 'A' to this By-Law, shall be used for non-farm residential purposes in accordance
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with the 'A1' Zone provisions, excepting however that Section 3.20 Watercourse Setbacks
shall not apply.
Municipality of Brockton By-Law #2002-34 (Lot 9, Concession 4, former Brant)
.8
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-8' on
Schedule 'A' to this By-Law, shall be used in accordance with the 'A1' Zone provisions
contained in this By-Law excepting however that the minimum lot area shall be no less
than 20 hectares.
Municipality of Brockton By-Law #2002-34 (Lot 9, Concession 4, former Brant)
.9
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-9' on
Schedule 'A' to this By-Law, shall be used in accordance with the 'A1' Zone provisions
contained in this By-Law excepting however that:
i)
The minimum lot area shall be no less than 20 hectares (50 acres).
ii) The minimum lot frontage shall be no less than 30 feet.
Municipality of Brockton By-law #2012-63 (Part of Lots 16 and 17, Concession 1 SDR (being Parts
1, 2 and 3 on RP 3R-8066; Part 1 on RP 3R-8102 and Part 1 on RP 3R-1195, former Brant -
Ernewein Farms Ltd.)
.10
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-10' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Agriculture Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
A 'Dwelling, Accessory Detached' shall be prohibited; and,
ii) Minimum lot area shall be no less than 27.2 ha.
Municipality of Brockton By-law #2012-63 (Part of Lots 18 and 19, Concession 1 SDR (being Parts
1, 2, and 3 on RP 3R-8340, former Brant - Ernewein Farms Ltd.)
.11
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-11' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Agriculture Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
A 'Dwelling, Accessory Detached' shall be prohibited; and,
ii) Minimum lot area shall be no less than 35.4 ha.
Municipality of Brockton By-Law #2000-55 (Lot 17, Concession 10, former Brant)
.12
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-12' on
Schedule 'A' shall be used in accordance with the 'A1' (Non-Farm Lot) Zone provisions
contained in this By-Law, excepting however that the minimum lot frontage shall be no
less than 3.0 metres.
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Municipality of Brockton By-Law #2005-29 (Part Lot 1, Concession 3 SDR, former Brant)
.13
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-13' on
Schedule 'A' to this By-Law, shall be used in accordance with the 'A1' (Agriculture Lot)
Zone provisions contained in this By-Law excepting however that:
i)
The construction of any new residential buildings and/or structures shall be
prohibited; and
ii) The setbacks for all buildings and structures shall be no less than as they existed as
of the date of passing of this By-Law. All further enlargements, expansions,
construction etc, shall comply with the requirements of this By-Law; and
iii) The minimum lot area shall be 19.19 hectares.
Municipality of Brockton By-Law #2007-20 (Part Lot 7, Concession 15, former Brant)
.14
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-14' on
Schedule 'A' shall be used in accordance with the 'A1' Zone provisions contained in this
By-Law, excepting however that the minimum lot area shall be no less than 18 hectares.
Municipality of Brockton By-Law #2007-32 (N. Pt. Lots 62 & 63, Concession 2, NDR, former Brant)
.15
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-15' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' Zone provisions
contained in this By-Law, excepting however that the minimum lot area shall be no less
than 3.42 hectares (8.5 acres).
Municipality of Brockton By-Law #2007-102 (Part Lot 36, Concession 1 SDR, former Brant -
Ernewein c/o Davidson)
.16
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-16' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-Law, excepting however, that:
i)
The minimum lot area shall be no less than 0.37 hectares.
.17
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-17' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' (Non-Farm Lot) zone
provisions contained in this By-Law excepting however, that:
i)
The minimum lot area shall be no less than 0.37 hectares.
Municipality of Brockton By-law # 2007-103 (Lot 28, Concession 3 NDR, former Brant - Holm c/o
Ernewein)
.18
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-18' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-Law, excepting however, that:
i)
The minimum lot frontage shall be no less than 12.9 m; and,
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ii) The number of livestock units shall be limited to 1.25 units per hectare.
Municipality of Brockton By-law # 2008-35 (W Pt Lot 3, Concession 11, former Brant - White c/o
Hudson)
.19
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-19' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-Law, excepting however, that:
i)
The minimum side yard setback shall be no less than 7.9 m;
ii) The minimum rear yard setback shall be no less than 3.66 m; and,
iii) The number of livestock units shall be limited to 1.25 units per hectare.
Municipality of Brockton By-law #2008-55 (Lot 4, Concession 8, former Brant - Thomson c/o
Andruski)
.20
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-20' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The minimum side yard setback shall be no less than 0.12 m (shed); and,
ii) The number of livestock units shall be limited to 1.25 units per hectare.
Municipality of Brockton By-Law #2008-61 (Part Lot 28, Concession 'A', former Brant - Elphick)
.21
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-21' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' (Agricultural lot)
Zone provisions contained in this By-Law, excepting however, that:
i)
The minimum 'A1' zones area shall be no less than 18.7 ha.
Municipality of Brockton By-law # 2008-66 (Lot 36 and 37, Concession 3 NDR, former Brant -
Jemstar Farms Ltd)
.22
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-22' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The number of livestock units shall be limited to 1.25 units per hectare.
Municipality of Brockton By-law #2009-24 (Lot 16, Concession 11, former Brant - Holm)
.23
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-23' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The minimum frontage shall be no less than 12 metres (driveway access); and,
ii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
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Municipality of Brockton By-Law # 2009-76 (Lots 3, 4 and Part Lot 5, Concession 1 NDR, former
Brant - Tony Lang Farms Ltd)
.24
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-24' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The number of livestock units shall be limited to 1.25 livestock units per hectare.
.25
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-25' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-Law, excepting however, that:
i)
The number livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2010-19 (Lot 10, Concession 6 E, former Brant - Borgford /
Holmdale)
.26
Notwithstanding their 'A1' Zoning designation those lands delineated as 'A1-26' on
Schedule 'A' to this by-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The minimum MDS 1 setback from the front lot line to a neighbouring livestock facility
shall be no less than 214 m.
Municipality of Brockton By-law #2011-72 (Lot 21, Concession 4, former Brant - BJ&S Enterprises
Inc. and J&K Agroservices)
.27
Notwithstanding their 'A1' Zoning designation those lands delineated as 'A1-27' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2011-79 (Lot 7, Concession 6, former Brant - Puhm/Eyre)
.28
Notwithstanding their 'A1' Zoning designation those lands delineated as 'A1-28' on
Schedule 'A' shall be used in accordance with the 'A1' (Agriculture Lot) Zone provisions
contained in this By-law, excepting however, that:
i)
The minimum lot area shall be no less than 20.2 hectares.
Municipality of Brockton By-law #2011-85 (Lot 33 and Part of Lot 34, Concession 2 NDR, former
Brant - Georgedale Farms c/o Larry Frieburger)
.29
Notwithstanding their 'A1' Zoning designation those lands delineated as 'A1-29' on
Schedule 'A' shall be used in accordance with the 'A1' (Non-Farm Lot) Zone provisions
contained in this By-law, excepting however, that:
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i)
Minimum Distance Separation I Formula shall be no less than 183 metres to nearest
livestock facility; and,
ii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2005-33 (Part of Lot 66, Concession 2 NDR, former Brant -
Tanner)
.30
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-30' on
Schedule 'A' shall be used in accordance with the 'A1' Zone provisions contained in this
By-law, excepting however, that:
i)
Section 3.20 shall not apply to any development provided that the Saugeen Valley
Conservation Authority reviews and approves all site plans prior to a building permit(s)
being issued.
Municipality of Brockton By-law #2004-17 (Lot 51, 55 58 Plan 150 & Plan 258, Elmwood)
.31
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-31' on
Schedule 'A' shall be used in accordance with the 'A1' Zone provisions contained in this
By-law, excepting however, that:
i)
The minimum 'A1-31' zoned area shall be 17 ha (42 acres).
Municipality of Brockton By-law #2007-50 (Part of Lots 72 & 73, Concession 2 NDR, former Brant)
.32
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-32' on
Schedule 'A' shall be used in accordance with the 'A1' Zone provisions contained in this
By-law, excepting however, that:
i)
The minimum lot area shall be no less than 30.35 ha (75 acres).
Municipality of Brockton By-law #2007-50 (Part of Lot 74, Concession 2 NDR, former Brant)
.33
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-33' on
Schedule 'A' shall be used in accordance with the 'A1' Zone provisions contained in this
By-law, excepting however, that:
i)
The minimum lot area shall be no greater than 4.39 ha (10.8 acres).
Municipality of Brockton By-law #2008-61 (Part of Lot 28, Concession A, Eden Grove - Elphick)
.34
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-34' on
Schedule 'A' shall be used in accordance with the 'A1' (Non-Farm Lot) Zoning provisions
contained in this By-law, excepting however, that:
i)
Residential uses shall be the primary uses.
.35
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-35' on
Schedule 'A' to this by-law, shall be used in accordance with the 'A1' (Agricultural Lot)
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MARCH 25, 2013
Zone provisions contained in this By-Law, excepting however, that:
ii) The minimum 'A1' zoned area shall be no less than 13.8 ha.
Municipality of Brockton By-law # 2009-29 (Part of Lot 22 and Part of Lot 23, Concession A,
former Brant - Thomson)
.36
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-36' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The number of livestock units shall be limited to 1.25 livestock units per hectare.
.37
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-37' on
Schedule 'A' to this By-Law shall be used in accordance with the 'A1' (Agricultural Lot)
Zone provisions contained in this By-law, excepting however, that:
i)
The minimum lot area shall be no less than 36.5 ha.
.38
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-38'on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Agricultural Lot)
Zone provisions contained in this By-Law, excepting however, that;
i)
The minimum lot area shall be no less than 36.5 ha.
Municipality of Brockton By-law #2011-55 (Part of Lots 19 and 20 Concession B and East Part of
Lot 20, Concession 'A', former Brant - Stuempfle)
.39
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-39' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The number of livestock units shall be limited to 1.25 livestock units per hectare.
Township of Greenock #83-35 (Part of Lot 51, Concession A - Christian Horizons Camp)
.40
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-40' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone provisions
contained in this By-law, excepting however, that:
i)
A "religious retreat" and "accessory uses" may be permitted in accordance with the
zone provisions of the 'ACI' Zone;
ii) For the purposes of this amendment, a 'religious retreat' shall mean a use designed
primarily to serve the physical, mental and spiritual needs of individuals;
iii) For the purposes of this amendment, 'accessory uses' of a 'religious retreat' may
include sleeping accommodation, eating facilities, recreational facilities, an office for
the administration of a religious retreat, accommodation for the owners/managers of
the premises, a "private school" and a "nursing home".
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iv) For the purposes of this amendment, a 'nursing home' shall mean a nursing home as
defined by The Nursing Homes Act and licensed, established and maintained in
accordance with this Act; and,
v) For the purposes of this amendment, a 'private school' shall mean a private school as
defined by The Education Act and established and operated in accordance with this
Act.
Township of Greenock By-law #94-16 (Part of Lot 9, Concession 4)
.41
Notwithstanding their 'A1' Zoning designation, lands delineated as 'A1-41' on Schedule
'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
Minimum lot area shall be 0.9 hectares;
ii) Minimum lot frontage shall be 0 metres; and,
iii) Minimum side yard for accessory structures existing at the date of passing of this By-
law shall be 0 metres.
Municipality of Brockton By-law #2002-33 (Lot 10 and West Part of Lot 9, Concession 4, former
Greenock)
.42
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-42' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
Notwithstanding Section 5.5.5.2, maximum lot coverage for all accessory buildings
shall not exceed 5.5% of the total lot area; and,
ii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2003-61 (Part of Lots 61, 62 and 63, Concession 1 NDR, former
Greenock)
.43
Notwithstanding their 'A1' Zoning designation, those lands as delineated as 'A1-43' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone provisions
contained in this By-law, excepting however, that:
i)
Minimum side yard setback from the existing detached dwelling shall be 10.6 metres;
and,
ii) Minimum side yard setback from the existing accessory building (shed) shall be 4.5
metres.
Municipality of Brockton By-law #2003-74 (Part of Lot 8, Concession 6, former Greenock)
.44
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-44' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Agriculture Lot) Zone
provisions contained in this By-law, excepting however, that:
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i)
Minimum lot area shall be 4.6 hectares.
Municipality of Brockton By-law #2005-43 (Lot 17, Concession 3, former Greenock)
.45
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-45' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
Notwithstanding Section 5.5.5.2, maximum lot coverage for all accessory buildings
shall not exceed 5.6% of the total lot area.
Municipality of Brockton By-law #2006-50 (Lot 11 and Part Lot 12 Concession 9 and Part Lot
12, Concession 10, former Greenock - Saugeen Valley Conservation Authority)
.46
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-46' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2008-34 (Lot 2 and East Part of Lot 3, Concession 14, former
Greenock - Lang Farms Ltd)
.47
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-47' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
Minimum side yard setback shall be no less than 6.0 metres; and,
ii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2007-70 (Lot 4, Concession 17, former Greenock - Donnelly)
.48
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-48' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2009-18 (Lots, G, H, I and J, Concession 25, former Greenock
- 1775163 Ontario Inc.)
.49
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-49' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
The number of livestock units shall be limited to 1.25 livestock units per hectare.
.50
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-50' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Agriculture Lot) Zone
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provisions contained in this By-law, excepting however, that:
i)
The construction of any new residential buildings and/or structures, new agricultural
buildings and/or structures and accessory buildings and/or structures shall be
prohibited.
Municipality of Brockton By-law #2009-30 (Part of Lot 8, Concession 16, former Greenock -
Young)
.51
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-51' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
Minimum lot frontage shall be no less than 11.5 metres; and,
ii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2011-28 (Lots 4 & 5, Concession 14, former Greenock -
Margerison/Lang Farms)
.52
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-52' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
Notwithstanding Section 3.36.1, the Minimum Distance Separation I setback from the
front lot line to a neighbouring livestock facility shall be no less than 176 metres; and,
ii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2011-26 (Part of Lot 5, Concession 17, former Greenock -
Wagg)
.53
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-53' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) zone
provisions contained in this By-law, excepting however, that:
i)
Minimum lot frontage shall be no less than 14.0 metres; and,
ii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2011-40 (Part of Lot 7, Concession 8, former Greenock -
Murray)
.54
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-54' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) zone
provisions contained in this By-law, excepting however, that:
i)
Minimum lot frontage shall be no less than 12.2 metres; and,
ii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2012-63 (Part of Lots 16 and 17, Concession 1 SDR (being
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Parts 1, 2 and 3 on RP 3R-8066; Part 1 on RP 3R-8102 and Part 1 on RP 3R-1195, former Brant
- Ernewein Farms Ltd.)
.55
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-55' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
Minimum side yard for existing dwelling shall be no less than 3.9 metres;
ii) Minimum side yard for existing former livestock facility shall be no less than 4 metres;
and,
iii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2012-63 (Part of Lots 18 and 19, Concession 1 SDR (being
Parts 1, 2, and 3 RP 3R-8340, former Brant - Ernewein Farms Ltd.)
.56
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-56' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
Minimum side yard for existing dwelling shall be no less than 7.2 metres; and,
ii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
Municipality of Brockton By-law #2006-72 (Part of Lots 1, 2, 3 and Part of Lot 4, Concession 2
SDR, former Brant - Lang Farms)
.57
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-57'on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone provisions
contained in this By-law, excepting however that:
i)
The minimum side yard setback shall be no less than 3 metres; and,
ii) The number of livestock units shall be limited to 1.25 livestock units per hectare.
.58
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-58' on
Schedule 'A' shall be used in accordance with the 'A1' Zone provisions contained in this
By-law, excepting however that:
i)
The construction of any new residential buildings and/or residential structures shall
be prohibited on Part of Lot 3 and Part of Lot 4.
Municipality of Brockton By-law #2012-70 (Lot 18, Concession 8, former Brant - Osterndorff)
.59
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-59' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
A reduced MDS setback from 250 m (820 ft) to 242 m (793 ft) from the barn on the
adjacent lot to the west shall be permitted.
Municipality of Brockton By-law #2012-69 (Part of Lot 30, Concession 10, former Greenock -
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
89
MARCH 25, 2013
Kuepfer)
.60
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-60' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Agriculture Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
A 'quilt/fabric store' shall be permitted in accordance with Section 3.9 and located
within an accessory building, in accordance with Section 5.5 and subject to the
following:
a. Notwithstanding Section 3.9.1, the accessory building shall be located within the
building cluster of the 'principle' 'dwelling unit';
b. Notwithstanding Section 3.9.5, the total gross floor area utilized shall not exceed
a maximum of 93 m2; and,
c. Notwithstanding Section 3.9.6, there shall be no advertising other than a plate or
sign, non-flashing and no larger than 1 m2 in area.
ii) A second 'dwelling unit' shall be permitted subject to the following:
a. The second 'dwelling unit' shall be constructed in accordance with the 'A1'
(Agriculture Lot) Zone provisions; and,
b. The second 'dwelling unit' shall be located within the building cluster of the
'principle' 'dwelling unit'.
By-law #2013-050 (Part of Lot 5, Concession 18 (Greenock - Wagg Z18/13)
.61
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-61' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Agriculture Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
Minimum lot frontage shall be 10.2 metres (33.5 feet)
ii) Minimum yard setback from the north property boundary for the northerly shed
existing on January 1, 2013 shall be 7.8 metres (26.6 feet)
iii) Minimum yard setback from the south property boundary for the southerly shed
existing on January 1, 2013 shall be 3 metres (10 feet)
.62
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-62' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' (Agriculture Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
A 'Dwelling - Accessory Detached' shall be prohibited
ii) Minimum lot area shall be 35.4 ha (87.4ac)
By-law #2013-060 (Part of Lot 5, Concession 1 NDR Brant (O'Rourke Z22/13) as amended by
By-law 2013-103 (O'Rourke Z5/13)
Notwithstanding their 'A1' Zoning designation, lands shall be used in accordance with the
'A1' (Agriculture Lot) Zone provisions contained in this By-law, excepting however, that:
.63
On those lands delineated as 'A1-63' on Schedule 'A' to this By-law Minimum lot area
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
90
MARCH 25, 2013
shall be 4.55 ha (11.26 ac)
.64
On those lands delineated as 'A1-64' on Schedule 'A' to this By-law Minimum lot area
shall be 6.19 ha (13.53 ac)
.65
On those lands delineated as 'A1-65' on Schedule 'A' to this By-law Minimum lot area
shall be 4.05ha (10 ac)
By-law #2013-089 (Part of Lot 5, Concession 18 Brant) Van Vuuren Z46/13
.66
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-66' on
Schedule 'A' to this By-law shall be used in compliance with the 'A1' (Non-Farm Lot)
zone provisions contained in this By-law, excepting however, that:
i)
Minimum lot area shall be 0.46 hectares (1.14 acres);
ii) Minimum lot frontage shall be 14.2 metres (47.0 ft);
iii) The number of livestock units shall be limited to 1.25 livestock units per hectare;
and,
iv) Minimum Distance Separation I setback shall be 121 metres (397.0 ft) to a livestock
facility located at 740 Concession 12, geographic Township of Brant.
By-law #2014-061 (Concession 17 Lot 6 Greenock, Metzger Z20/14)
.67
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-67' on
Schedule 'A' to this By-law shall be used in compliance with the 'A1' (Non-Farm Lot)
zone provisions contained in this By-law, excepting however, that:
i)
Minimum lot frontage shall be 16 metres (52.4 ft).
By-law #2014-079 (Concession 19 Lot 10 and West ½ Lot 9 Greenock, Ferris c/o Kirkpatrick
Z33/14)
.68
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-68' on
Schedule 'A' to this By-law shall be used in compliance with the 'A1' (Non-Farm Lot)
zone provisions contained in this By-law, excepting however, that:
i)
The barn existing on the date of this by-law is permitted; however, no enlargement
or extension to the barn shall be permitted;
ii) The number of livestock units shall be limited to 1.25 units per hectare;
iii) Maximum lot coverage for all structures is 22%.
By-Law # 2015-015 (Part Lot 35, Concession A, Brant - Hall)
.69
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-69' on
Schedule "A" to this By-law shall be used in compliance with the 'A1' (Non-Farm Lot)
provisions contained in this By-law, excepting however, that:
i)
The subject lands are designated as a Site Plan Control Area under Section 41 of the
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
91
MARCH 25, 2013
Planning Act, R.S.O. 1990.
By-law #2015-026 (Lot 14, Concession 15, Greenock - Alexander)
.70
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-70' on
schedule "A" to this By-law, shall be used in compliance with the 'A1' (Non-Farm Lot)
provisions contained in this By-Law, excepting however, that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii) Minimum Distance Separation I (MDS I) requires shall not apply; and,
iii) Buildings and structures existing as of March 23, 2015 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law.
By-Law # 2015-037 (Lots 2 and 3, Concession 'A', geographic Township of Greenock - Adams
/ Ikendale Farms)
.71
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-71' on
Schedule "A" to this By-law, shall be used in compliance with the 'A1' (Non-Farm Lot)
provisions contained in this By-law, excepting, however that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare; and,
ii) Buildings and structures existing as of April 27, 2015 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-Law.
By-law # 2015-019 (Part of Lots 33 and 34, Concession 6, Greenock - Heipel) - Amended from
'A1-69' to 'A1-72' as per administrative changes permitted by Section 1.6 of this By-law.
.72
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-72' on
Schedule "A" to this by-Law, shall be used in compliance with the 'A1' (Non-Farm Lot)
provisions contained in this By-law, excepting however, that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii) Buildings and structure existing as of February 17, 2015 which do not comply with
the provisions of the by-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of this By-law.
A1-73 (By-Law #2015-048 - Dunbar - Part Lot 74, Concession 2 NDR, Brant)
.73
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-73' on
Schedule "A" to this by-law, shall be used in compliance with the 'A1' (Non-Farm Lot)
provisions contained in this by-law, excepting however that:
i)
The minimum lot area shall be +/- 0.36 ha; and,
ii) Buildings and structures existing as of May 25, 2015 which do not comply with the
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
92
MARCH 25, 2013
provisions of this by-Law are hereby recognized. All future buildings or structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-Law.
A1-74 Deleted and replaced in its entirety by By-law 2017-044 (Ackert and Maus c-o Adams,
Part Lot 10, Concession 17, being Part 1, 3R-9803 [394 Concession 16], Greenock)
.74
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-74' on
Schedule 'A' to this by-Law, shall be used in compliance with the 'A1' (Non-Farm) lot
zone provisions contained in this By-law, excepting however:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii) That the minimum lot frontage shall be no less than 30 m;
iii) Buildings and structures existing as of March 29, 2017 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law.
By-Law # 2016-024_Lang, Part Lots 6, 7, 8 and 9, Concession 1 NDR, Brant
.75
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-75' on
Schedule 'A' to this By-law, shall be used in compliance with the 'A1' (Non-Farm Lot)
provisions contained in this By-law, excepting, however that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii) That the minimum lot frontage shall be no less than 39.5 m (129.5 ft); and,
iii) Buildings and structures existing as of April 11, 2016 which do not comply with the
provisions of the By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law.
By-Law #2016-046- PKW Farms Lots 46 to 49, Concession 3, Brant
.76
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-76' on
Schedule 'A' to this by-law, shall be used in compliance with the 'A1' (Non-Farm Lot)
zone provisions contained in this By-law, excepting, however that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii) The Minimum Distance Separation between the subject lands to the barn located at
Lot 50, Concession 3, geographic Township of Brant, shall be no less than 140 m;
and,
iii) Buildings and structures existing as of June 20, 2016 which do not comply with the
provisions of this By-Law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-Law.
By-Law #2016-052- Lang Farms Ltd - Lots 1-3 and Part Lot 4, Con 2 SDR, Brant
.77
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-77' on
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
93
MARCH 25, 2013
Schedule 'A' to this By-law, shall be used in compliance with the 'A1' (Non-Farm Lot)
zone provisions contained in this By-law, excepting, however that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare; and,
ii) Buildings and structures existing as of July 18, 2016 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law.
By-Law #2016-066 - Kanters Part Lot 16, Con 10, Brant
.78
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-78' on
Schedule 'A' to this By-law, shall be used in compliance with the 'A1' (Non-Farm Lot)
zone provisions contained in this By-law, excepting, however that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare; and,
ii) Buildings and structures existing as of September 12, 2016 which do not comply with
the provisions of this By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of this By-law.
By-Law #2016-071 -Poechman Lots 54 and 55, Con 2 SDR, Brant)
.79
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-79' on
Schedule 'A' to this By-law, shall be used in compliance with the 'A1' (Non-Farm Lot)
zone provisions contained in this By-law, excepting however that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii) The Minimum Distance Separation between the subject lands to the barn located at
Lot 53, Concession 3 SDR, geographic Township of Brant, shall be no less than 316
metres; and,
iii) Buildings and structures existing as of October 1, 2016 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures shall comply with the provisions of
this By-law.
By-Law #2016-079 Lippert_Sprucedale Agromart c-o Sam Head, Part Lot 56, Conc1 NDR [Part
1, 3R-8040 and Parts 1 and 2, 3R-4222], Brant
.80
Notwithstanding their'A1' zoning designation, those lands delineated as 'A1-80' on
Schedule 'A' to this By-law, shall be used in compliance with the 'A1' (Non-Farm Lot)
zone provisions contained in this By-law, excepting however that:
i)
The 'Minimum Lot Area' shall be 11.7 ha (28.9 ac).
By-law 2017-005, Fritz, Pt Lot 10, Con 6 (being Part 1, 3R-3240), Greenock - also zoned A1-
81-H1
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
94
MARCH 25, 2013
By-Law 2017-098 - Removed 'H-Holding' zone
.81
Lands zoned 'A1-81' may be used in accordance with the 'A1' (Non-Farm Lot) zone
provisions contained in this by-Law, excepting however that:
ii) The number of nutrient units shall be limited to 1.25 units per hectare;
iii) The Minimum Distance Separation between the subject lands to the barn located at
Lot 9 and Part Lot 10, Concession 7, geographic Township of Greenock, shall be no
less than 239 metres; and,
iv) Buildings and Structures existing as of January 9, 2017, which do not comply with the
provisions of this By-law, are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law.
By-Law 2017-016 - Elphick, Part of Lot 4 and Lot 5, Concession 12, geographic Township of
Greenock)
.82
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-82' on
Schedule 'A' to this By-law, shall be used in accordance with the 'A1' (Non-Farm Lot)
zone provisions contained in this By-Law, excepting however:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii) Buildings and structures existing as of February 13, 2017 which do not comply with
the provisions of this By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of this By-law.
By-law 2017-017 - Albadon Progressive Ag Limited c/o Mark Ireland, Lot 16, Con 1 NDR, Part
Lot 40, Con 1 NDR, Greenock
.83
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-83' on
Schedule 'A' to this By-law, shall be used in accordance with the 'A1' (Agricultural Lot)
zone provisions contained in this By-Law, excepting however:
i)
The minimum lot area shall be +/- 14.81 ha (36.6 ac).
By-law 2017-018 - O'Hagan c/o Cassidy, Lot 17 and South Part Lot 18, Concession 'A', Brant
.84
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-84' on
Schedule 'A' to this By-Law, shall be used in accordance with the 'A1' (Non-Farm Lot)
zone provisions contained in this by-Law, excepting however:
i)
The number of nutrient units shall be limited to 4;
ii) The Minimum Distance Separation between the non-farm lot and the barn located at
Lot 17 and Part Lot 18, Concession 'A', geographic Township of Brant [754 Greenock-
Brant] shall be no less than 250 metres;
iii) Buildings and structures existing as of February 13, 2017, which do not comply with
the provisions of this By-law, are hereby recognized. All future buildings and
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
95
MARCH 25, 2013
structures, or additions to existing buildings and structures, shall comply with the
provisions of this By-law.
By-Law 2017-031 - Young - Part Lot 6 and Lot 7, Concession 3 NDR, Greenock
.85
Notwithstanding their 'A1' zoning, those lands delineated as 'A1-85' on Schedule 'A' to
this by-law shall be used in compliance with the'A1' (Non-Farm Lot) zone provisions
contained in this By-law, excepting however:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii) Buildings and structures existing as of March 27, 2017 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-Law.
By-law 2017-46 Bullock/Kraemer - Lot 3, Concession 1 SDR (4113 Highway 9), Greenock (Z-
33-17.31 May 2017)
.86
Lands zoned 'A1-86' may be used in accordance with the 'A1' (Non-Farm Lot) zone
provisions contained in this By-law, excepting however that:
i)
The number of nutrient units shall be limited to 1.25 units per hectare; and,
ii) Buildings and structures existing as of May 23, 2017 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law.
.87 Ken Grubb Z-23-17.11 June 2017 'A1-87-H1' (residential lots - Decision deferred by
Brockton Council until decision made with respect to County OPA - appealed by MMAH)
.88 Ken Grubb Z-23-17.11 June 2017 'A1-88' and 'A1-88-H1' (retained farm land - Decision
deferred by Brockton Council until decision made with respect to County OPA - appealed by
MMAH)
By-law Number 2017-059 -Amanda Griffin Part of Lot 1, Concession 7 and Part of Lot 1,
Concession 8, Brant
.89
Notwithstanding their 'A1' zoning, those lands delineated as 'A1-89' on Schedule 'A' to
this By-law shall be used in compliance with the 'A1' zone provisions contained in this
By-law, excepting however that:
i)
Buildings and structures existing as of July 17, 2017 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law.
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
96
MARCH 25, 2013
By-Law Number 2017-083 -Young, Part Lot 7, Concession1 5 and Lot 7, Concession 16,
Greenock
.90
Notwithstanding their 'A1' zoning, those lands delineated as 'A1-90-H1' on Schedule
'A' to this By-law shall be used in compliance with the 'A1' (Non-Farm Lot) zone
provisions contained in this By-law, excepting however:
i)
The number of nutrient units shall be limited to 1.25 units per hectare;
ii) That the minimum lot frontage shall be no less than 9.0 metres;
iii) Buildings and structures existing as of July 17, 2017 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law.
By-Law 2017-065 Janssen - Part Lot 75, Concession 2 NDR, Brant
.91
Notwithstanding their 'A1' zoning, those lands delineated as 'A1-91' on Schedule 'A' to
this By-law shall be used in compliance with the 'A1' (Non-Farm Lot) zone provisions
contained in this By-law excepting however that:
i)
Notwithstanding 'Section 5.2 Minimum Lot Size Livestock', no livestock / nutrient
units are permitted;
ii) Notwithstanding the requirements of 'Section 3.22.2 Provincial or County Street Right-
of-Way Setbacks' no building shall be erected within a distance of 13.7 metres from
the right-of-way of County Road 10; and,
iii) Notwithstanding 'Section 6.2 Zone Provisions', the following Zone Provisions shall
apply:
Minimum Lot Area
0.2 hectares (8,712 square feet)
Minimum Lot Frontage
20 metres (66 ft)
Minimum Front Yard
13.7 metres (46 ft)
Minimum Rear Yard
10.97 metres (36 ft)
Minimum Side Yard
3 metres (10 ft) on one side and 4.27 metres
(14 ft) on the other side
Minimum Ground Floor
Area - Detached Dwelling
70 m2 (753 ft2) [greater than 1 storey]
90 m2 (969 ft2) [1 storey only]
Maximum Height
10 metres (33 ft)
Maximum Lot Coverage
15%
By-Law 2018-013 - De Visser Lot 18, Concession 14, Brant
.92
Notwithstanding their 'A1' zoning, those lands delineated as 'A1-92' on Schedule 'A' to
this By-law shall be used in compliance with the 'A1' (Farm) zone provisions contained
in this By-Law, excepting however:
i)
A second 'Dwelling, Accessory Detached' used exclusively for permanent year-round
on-farm help shall be permitted;
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
97
MARCH 25, 2013
ii) The second 'Dwelling, Accessory Detached' shall not be rented or used for profit or
gain;
iii) The second 'Dwelling, Accessory Detached' shall be located in a building cluster
together with the principle/ primary 'Dwelling, Accessory Detached' to the satisfaction
of the Chief Building Official;
iv) Minimum setbacks and yards for the second 'Dwelling, Accessory Detached' shall be
provided in accordance with the minimum setbacks and yard provisions in the 'A1'
zone;
v) The MDS shall be no less than 170 m (560 ft);
vi) There shall be no more than two 'Dwellings' inclusive of 'proposed house' on the
lands;
vii) Buildings and structures existing as of February 12, 2018, which do not comply with
the provisions of this By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of this By-law.
By-Law 2017-083 -Young, Part Lot 7, Concession1 5 and Lot 7, Concession 16, Greenock
.93
Notwithstanding their 'A1' zoning, those lands delineated as 'A1-93' on Schedule 'A' to
this By-law shall be used in compliance with the 'A1' (Agriculture Lot) zone provisions
contained in this By-law, excepting however:
i)
Buildings and structures existing as of July 17, 2017 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law; and,
ii) A 'Dwelling - Accessory Detached' shall be prohibited.
By-law 2017-073 - Poechman, Part Lot 64, Concession 1 SDR and South Part Lot 65,
Concession 1 SDR, Brant
.94
Notwithstanding their 'A1' zoning, those lands delineated as 'A1-94' on Schedule 'A'
shall be used in compliance with the 'A1'(Agricultural Lot) zone provisions contained in
this By-law, excepting however that:
i)
The 'Minimum Lot Area' shall be no less than +/- 28.3 ha (+/- 70 ac).
.95
Notwithstanding their 'A1' zoning designation, those lands delineated as 'A1-95' on
Schedule 'A' shall be used in compliance with the 'A1' (Non-Farm Lot) zone provisions
contained in this By-law, excepting however:
i)
No nutrient units / livestock shall be permitted;
ii) That the 'Minimum Distance Separation I' to any livestock facility existing as of
September 11, 2017 shall be no less than 250 m; and,
iii) Buildings and structures existing as of September 11, 2017 which do not comply with
the provisions of this By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
98
MARCH 25, 2013
provisions of this By-law.
By-law 2018-037 - Harmony Holsteins c/o M. Hamel, Part Lot 26, Concession 10, Brant
.96
Notwithstanding the 'A1' zoning, the lands delineated as 'A1-96' on Schedule 'A' to this
By-Law shall be used in compliance with the 'A1' (Non-Farm Lot) zone provisions
contained in this By-law, excepting however:
i)
The maximum lot frontage be 58 m;
ii) Buildings and structures existing as of May 1, 2018 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law; and,
iii) The number of animal units shall be limited to 1.24 per hectare.
By-law 2018-070 - Harmony Holsteins c/o - M. Hamel, Pt Lt 29, Con 9, Brant
.97
Notwithstanding the 'A1' zoning, the lands delineated as 'A1-97' on Schedule 'A' to this
By-law shall be used in compliance with the'A1' (Non-Farm Lot) zone provisions
contained in this By-law, excepting however:
i)
Lot Frontage, Maximum 55 m;
ii) The number of nutrient units shall be limited to 1.24 units per hectare; and,
iii) Buildings and structures existing as of August 1, 2018 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-law.
By-law 2018-061 - Scheuerman c/o Schnurr, Part Lot 5, Concession 7 and South Part Lots 4
and 5, Concession 8, geographic Township of Greenock
.98
Notwithstanding the 'A1' zoning, the lands delineated as 'A1-98' on Schedule 'A' to this
By-law shall be use din compliance with the 'A1' (Farm Lot) zone provisions contained in
this By-law, excepting however that:
i)
Minimum Lot Area shall be 35 ha.
By-law 2019-011 - Hinsperger/Fritzall c/o R. Davidson, Pt Lt 10, Con 6, Greenock
.99
The lands zoned 'A1-99-H' on Schedule A, shall be subject to a minimum lot area of 14
ha.
i)
The lands zoned ACl-44-H may be used for the manufacturing of precast concrete,
construction services and solar installation, however this use shall not be permitted
until the Holding (H) provision is removed. The Holding (H) provision shall be
removed when the following matters have been implemented:
a)
The lands will be used for agricultural purposes until such time as the
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
99
MARCH 25, 2013
lands zoned ACl-44 are demonstrated as being needed for the
industrial use to the satisfaction of the municipality;
b)
A visual screen be provided in the form of a fence or a vegetative hedge
across the front of the of the property in the area of the outside
storage, to screen the outside storage from the public road to the
satisfaction of the municipality;
c)
The lands may continue to be used for the same purposes as what they
were used for at the time of the approval of this by-law (meaning
agricultural uses) until the H - holding provisions are removed, and
the Holding provisions may be removed subject to the preparation of
an Archaeological Study to the satisfaction of the Ministry of
Citizenship and Culture with the recommendations of the Ministry
being implemented.
ii) The lands zoned 'A1-99-H' may continue to be used for the same purposes as
what they were used for at the time of the approval of this by-law (meaning no
buildings or structures) until the H - Holding provisions are removed, and the
Holding provisions may be removed subject to the preparation of an Archaeological
Study to the satisfaction of the Ministry of Citizenship and Culture with the
recommendations of the Ministry being implemented.
By-law 2019-035 Poechman (Z-12-19.34) 164 Maple Hill Rd - BRANT CON 1 SDR PT LOTS 62;
AND 63 PLAN 171 PT LOTS 25; AND 26 AND RP 3R6756 PARTS 1;TO 4, BRANT
.100 The lands zoned as 'A1-100' on Schedule 'A' to this By-law shall be used in compliance
with the 'A1' (Non-Farm Lot) zone provisions contained in this By-law, excepting
however:
i)
The number of nutrient units shall be limited to 1.24 units per hectare;
ii) Buildings and structures existing as of April 23, 2019 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law.
iii) The lands zoned A1-1-H on Schedule A to this By-law may continue to be used for
the same purposes as what they were used for at the time of the approval of this by-
law (meaning agricultural uses) until the H - holding provisions are removed, and the
Holding provisions may be removed subject to the preparation of an Archaeological
Study to the satisfaction of the Ministry of Citizenship and Culture with the
recommendations of the Ministry being implemented.
.101 'A1-101' - Z-17-19.31 Barrett - Withdrawn
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
100
MARCH 25, 2013
By-law 2019-057 (Sandy Ridge Z-19-19.31)
.102
The lands zoned as 'Al-102' on Schedule 'A' to this By-Law shall be used in
compliance with the 'A1' (Non-Farm Lot) zone provisions contained in this By-Law,
excepting however:
i)
The number of nutrient units shall be limited to 1.24 units per hectare;
ii) Buildings and structures existing as of May 25, 2019 which do not comply with the
provisions of this By-Law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-Law;
By-law 2019-058 (Sandy Ridge Z-20-19.34)
.103
The lands zoned as 'Al-103' on Schedule 'A' to this By-Law shall be used in
compliance with the 'Al' (Non-Farm Lot) zone provisions contained in this By-Law,
excepting however:
i)
The number of nutrient units shall be limited to 1.24 units per hectare;
ii) That the minimum lot frontage shall be no less than+/- 15 m
iii) Buildings and structures existing as of May 25, 2019 which do not comply with the
provisions of this By-Law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-Law;
By-law 2019-056 (Koelen Farms Ltd Z-22-19.34)
.104
The lands zoned as 'Al-104' on Schedule 'A' to this By-law shall be used in
compliance with the 'Al' (Non-Farm Lot) zone provisions contained in this By-law,
excepting however:
i)
The number of nutrient units shall be limited to 1.24 units per hectare;
ii) Buildings and structures existing as of May 25, 2019 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
this By-law; and
iii) That the lands described as Al-1-Hl meet the provisions of Section 4.4.3 of By-law
No. 2013-26 prior to permitting lot grading or construction of any buildings.
By-law 2019-072 (Eidt Z-16-19.34)
.105
The lands zoned as ' A1-105' on Schedule 'A' to this By-law shall be used in
compliance with the 'Al' (Non-Farm Lot) zone provisions contained in this By-law,
excepting however:
i)
The number of nutrient units shall be limited to 1.25 units per hectare; and
ii) Buildings and structures existing as of July 9, 2019 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and structures,
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
101
MARCH 25, 2013
or additions to existing buildings and structures, shall comply with the provisions of
this By-law.
.106
The lands zoned as 'A1-106' on Schedule 'A' to this By-law shall be used in
compliance with the 'Al' zone provisions contained in this By-law, excepting
however:
i)
The minimum lot area shall be 11.7 hectares; and
ii) A 'Dwelling, - Accessory Detached' shall be prohibited.
By-law 2019-096 (Dales Z-38-19.31)
.107 The lands zoned as 'Al-107' on Schedule 'A' to this By-law shall be used in compliance
with the 'Al' (Non-Farm Lot) zone provisions contained in this By-law, excepting
however:
i)
The number of nutrient units shall be limited to 1.24 units per hectare; and
ii) Buildings and structures existing as of September 3, 2019 which do not comply with
the provisions of this By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of this By-law.The lands zoned Al-1-H on Schedule A to this By-law may
continue to be used for the same purposes as what they were used for at the time of
the approval of this by-law (meaning agricultural uses) until the H - holding provisions
are removed, and the Holding provisions may be removed subject to the preparation
of an Archaeological Study to the satisfaction of the Ministry of Citizenship and Culture
with the recommendations of the Ministry being implemented.
By-law 2019-108 (Wells / Young / Kelly Z-30-19.31)
.108
The lands zoned as 'A1-108' on Schedule 'A' to this By-law shall be used in
compliance with the 'Al' (Non-Farm Lot) zone provisions contained in this By law,
excepting however:
i)
The number of nutrient units shall be limited to 1.24 units per hectare; and
ii) Buildings and structures existing as of September 3, 2019 which do not comply with
the provisions of this By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of this By-law.
By-law 2020-051 (Wells Z-2020-028)
.109
The lands zoned a 'A1-109' on Schedule 'A' to his By-law shall be used in compliance
with the 'A1' zone provisions contained in this By-law, excepting however:
i)
The frontage shall be no less than +/- 19 m; and
ii) The number of nutrient units shall be no more than 1.25 per hectare.
By-law 2020-051 (Wells Z-2020-028)
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
102
MARCH 25, 2013
.110
The lands zoned as 'A1-110' on Schedule 'A' to this By-law shall be used in compliance
with the 'A1' zone provisions contained in this By-law, excepting however:
i)
A 'Dwelling, -Accessory Detached' shall be prohibited; and
ii) That the lot area shall be no less than +/- 29 ha.
By-law 2020-095 (Wilkie Z-2020-039)
.111
Notwithstanding their 'Al' Zoning designation, those lands delineated as 'A1-111' on
Schedule 'A' to this By-law shall be used in accordance with the 'Al' (Non-Farm Lot) Zone
provisions contained in this By-law, excepting however, that:
i)
An accessory building, structure or use shall be permitted prior to a principle building,
structure or use being erected to the satisfaction of the Chief Building Official; and
ii) The maximum height for all accessory buildings and structures shall be 6.47 metres.
By-law 2020-113 (Milos Z-2020-053)
.112
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-112' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone provisions
contained in this By-law, excepting however, that:
i)
The minimum lot areas shall be no less than 4.58 ha.
.113
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-113' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone provisions
contained in this By-law, excepting however, that:
i)
The Minimum lot area shall be no less than 15.49 ha; and
ii) The minimum lot frontage shall be no less than 98.75 m.
By-law 2021-045 (Young Z-2020-052)
.114
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-114' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Non-Farm
Lot) provisions contained in this By-law, excepting however, that:
i)
The number of nutrient units shall be no more than 1.25 units per hectare; and
ii) Buildings and structures existing as of April 13, 2021 which do not comply with the
provisions of the By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-law.
.115
Notwithstanding this 'A1' Zoning designations, those lands delineated as 'A1-115' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Agricultural
Lot) provisions contained on this By-law, excepting however, that:
i)
A 'Dwelling, - Accessory Detached' shall be prohibited;
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
103
MARCH 25, 2013
ii) That the lot area shall be no less than +/- 34.54 ha; and
iii) Building and structures existing as of April 13, 2021 which do not comply with the
provisions of the By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-law.
By-law 2021-064 (Van Vuuren Z-2021-018)
.116
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-116-H1'
on Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Non-Farm
Lot) provisions contained in the By-law, excepting however, that:
i)
The number of nutrients shall be no more than 1.25 units per hectare; and
ii) Buildings and structures existing as of May 11, 2021 which do not comply with the
provisions of the By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-law.
.117
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-117' and
'A1-117-H1' on Schedule 'A' to this By-law shall be used in accordance with the 'A1'
Zone (Agricultural Lot) provisions contained in the By-law, excepting however, that:
i)
A 'Dwelling, - Accessory Detached' shall be prohibited;
ii) That the lot area shall be no less than +/- 37.22 ha; and
iii) Buildings and structures existing as of May 11, 2021 which do not comply with the
provisions of the By-law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-law.
By-law 2021-122 (Wylds Z-2021-039)
.118
Notwithstanding their 'A1' Zoning designation, those lands delineated
as 'A1-118' on Schedule 'A' to this By-law shall be used in accordance
with the 'A1' Zone (non-Farm Lot) provisions contained in this By-law,
excepting however, that:
i)
The lot area shall be no less than +/-0.2 ha;
ii) The number of nutrient units shall be no more than 1.25 units per hectare; and
iii) Buildings and structures existing as of September 14, 2021 which no not comply
with the provisions of the By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of the By-law.
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
104
MARCH 25, 2013
.119
Notwithstanding their 'A1'Zoning designation, those lands delineated as
'A1-119' on Schedule 'A' to this By-law shall be used in accordance with
the 'A1' Zone (Agricultural Lot) provisions contained in this By-law,
excepting however, that:
i)
A 'Dwelling, - Accessory Detached' shall be prohibited; and
ii) The lot area shall be no less than +/-14.77 ha.
By-law 2021-123 (Georgedale Z-2021-042)
.120
Notwithstanding their 'A1' Zoning designation, those lands delineated
as 'A1-120' on Schedule 'A' to this By-law shall be used in accordance
with the 'A1' Zone (Non-Farm Lot) provisions contained in this By-law,
excepting however, that:
i)
The number of nutrients shall be no more that 1.25 units per hectare; and
ii) Buildings and structures existing as of September 14, 2021 which do not comply
with the provisions of the By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of the By-law.
.121
Notwithstanding their 'A1' Zone designation, those lands delineated as 'A1-121' and
'A1'121-H1' on Schedule 'A' to this By-law shall be used in accordance with the 'A1'
Zone (Agricultural Lot) provisions contained in this By-law, excepting however, that:
i)
A 'Dwelling, - Accessory Detached' shall be prohibited; and
ii) Buildings and structures existing as of September 14, 2021 which do not comply with
the provisions of the By-law are hereby recognized. All future buildings and
structures, or additions to existing building and structures, shall comply with the
provisions of the By-law.
By-law 2021-141 (Boerkamp Z-2021-030)
.122
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-122' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Non-Farm
Lot) provisions contained in this By-law, excepting however, that:
i)
The number of nutrient units shall be no more than 1.25 units per hectare; and
ii) Buildings and structures existing as of November 9, 2021 which no do comply with
the provisions of the By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall not comply with the
provisions of the By-law.
.123
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-123' and
'A1-123-H1' on Schedule 'A' to this By-law shall be used in accordance with the 'A1'
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
105
MARCH 25, 2013
Zone (Agricultural Lot) provisions contained in this By-law, excepting however, that:
i)
A 'Dwelling, - Accessory Detached' shall be prohibited;
ii) That the lot area shall be no less than 31.5 ha; and
iii) Buildings and structure existing as of November 9, 2021 which do not comply with
the provisions of the By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of the By-law.
By-law 2022-002 (Sluys Z-2021-022)
.124
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-124' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Non-Farm
Lot) provisions contained in this By-law, excepting however, that:
i)
Buildings and structures existing as of January 11, 2022 which do not comply with the
provisions of the By-Law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-Law.
.125
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-125' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Agricultural
Lot) provisions contained in this By-law, excepting however, that:
i)
A 'Dwelling, - Accessory Detached' shall be prohibited;
ii) That the lot area shall be no less than 34 ha; and
iii) Buildings and structures existing as of January 11, 2022 which do not comply with the
provisions of the By-Law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-Law.
By-law 2022-001 (Holm Z-2021-069)
.126
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-126' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Non-Farm
Lot) provisions contained in this By-law, excepting however, that:
i)
That the lot frontage shall be no less than 21 m; and
ii) Buildings and structures existing as of January 11, 2022 which do not comply with the
provisions of the By-Law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-Law.
.127
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-127' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Agricultural
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
106
MARCH 25, 2013
Lot) provisions contained in this By-law, excepting however, that:
i)
A 'Dwelling, - Accessory Detached' shall be prohibited; and
ii) Buildings and structures existing as of January 11, 2022 which do not comply with the
provisions of the By-Law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-Law.
By-law 2020-030 (Boerkamp Z-2021-089)
.128
Notwithstanding their 'Al' Zoning designation, those lands delineated as 'A1-128' and
'A1-128-H1' on Schedule 'A' to this By-law shall be used in accordance with the 'A1'
Zone (Non-Farm Lot) provisions contained in this By-law, excepting however, that:
i)
Buildings and structures existing as of March 8, 2022 which do not comply with the
provisions of the By-Law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-Law.
.129
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-129' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1-129-H1' Zone
(Agricultural Lot) provisions contained in this By-law, excepting however, that:
i)
A 'Dwelling, -Accessory Detached' shall be prohibited.
By-law 2022-063 (Ernewein Farms Limited Z-2021-085)
.130 Notwithstanding their 'Al' Zoning designation, those lands delineated as 'A1-130' and
'A1-130-H1' on Schedule 'A' to this By-law shall be used in accordance with the 'Al'
Zone (Non-Farm Lot) provisions contained in this Bylaw, excepting however, that:
i)
Buildings and structures existing as of May 10, 2022 which do not comply with the
provisions of the Bylaw are hereby recognized. All future buildings and structures, or
additions to existing buildings and structures, shall comply with the provisions of the
By-Law.
.131
Notwithstanding their 'Al' Zoning designation, those lands delineated as 'A1-131' and
'A1-131-H1' on Schedule 'A' to this By-law shall be used in accordance with the 'A1'
Zone (Agricultural Lot) provisions contained in this By-law, excepting however, that:
i)
A 'Dwelling, -Accessory Detached' shall be prohibited; ii) That the lot area shall be no
less than 35 ha. Areas zoned A1-131, A1-131-H1, PD-1 and EP can be used in the
calculation of lot area.
By-law 2022-047 (Holm Z-2021-088)
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
107
MARCH 25, 2013
.132
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-132' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Non-Farm
Lot) provisions contained in this By-law, excepting however, that:
i)
Buildings and structures existing as of April 12, 2022 which do not comply with the
provisions of the By-Law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-Law.
.133
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-133' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1-133-H1' Zone
(Agricultural Lot) provisions contained in this By-law, excepting however, that:
i)
A 'Dwelling, -Accessory Detached' shall be prohibited; and
ii) That the lot area shall be no less than 35 ha.
By-law 2022-064 (Leifso Z-2022-017)
.134
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-134' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Non-Farm
Lot) provisions contained in this By-law, excepting however, that:
i)
Buildings and structures existing as of May 10, 2022 which do not comply with the
provisions of the By-Law are hereby recognized. All future buildings and structures,
or additions to existing buildings and structures, shall comply with the provisions of
the By-Law.
.135 Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-135' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Agricultural
Lot) provisions contained in this Bylaw, excepting however, that:
i)
A 'Dwelling, -Accessory Detached' shall be prohibited; and
ii) That the lot area shall be no less than 35 ha.
By-law 2022-154 (Schmidt Z-2022-043)
.136
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-136' and
'A1-136-H1' on Schedule 'A' to this By-law shall be used in accordance with the 'A1'
Zone provisions contained in the By-law, excepting however, that:
i)
That the lot area shall be no less than 33 ha.
By-law 2022-155 (Dayman Z-2022-047)
.137
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-137' and
'A1-137-H1' on Schedule 'A' to this By-law shall be used in accordance with the 'A1'
Zone (Agricultural Lot) provisions contained in this By-law, excepting however, that:
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
108
MARCH 25, 2013
i)
A 'Dwelling, -Accessory Detached' shall be prohibited; and
ii) That the lot area shall be no less than 22 ha.
.138
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-138' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Non-Farm
Lot) provisions contained in this By-law, excepting however, that:
i)
Buildings and structures existing as of October 11, 2022 which do not comply with
the provisions of the By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of the By-law.
By-law 2022-167 (Derible Z-2022-094)
.139
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-139' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone provisions
contained in this By-law, excepting however, that:
i)
One additional residential unit (ARU) is permitted, either in a detached accessory
building or within the existing residence;
ii)
If the additional residential unit is established in a detached accessory building an
existing accessory building may be converted or a new building may be
established; and
iii)
The additional dwelling unit must be located a minimum of 264 metres from the
barn and/or manure storage on the neighbouring property to the south.
By-law 2022-169 (Threndyle Z-2022-099) and By-law 2023-075 (Threndyle Z-2023-043)
CON 6 PT LOT 20 (Former Township of Brant) [595 Sideroad 20]
.140
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-140' on
Schedule 'A' to this by-law shall be used in accordance with the 'A1' Zone provisions
contained in this By-law, excepting however, that:
i)
Buildings and structures existing as of November 29, 2022 which do not comply
with the provisions of the By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of the By-law.
.141
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-141' on
Schedule 'A' to this by-law shall be used in accordance with the 'A1' Zone provisions
contained in this By-law, excepting however, that:
i)
The lot area shall be no less than 21 ha.
By-law 2022-177 (Hill Z-2022-114)
.142
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-142' and
'A1-142-H1' on Schedule 'A' to this by-law shall be used in accordance with the 'A1'
General Agriculture (A1)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
109
MARCH 25, 2013
Zone (Non-Farm Residential Lot) provisions contained in this By-law, excepting
however, that:
i)
Buildings and structures existing as of December 13, 2022 which do not comply
with the provisions of the By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of the By-law.
ii)
In areas of high archeological potential, lot grading; excavation; and/or construction
shall not be permitted unless the Holding (H1) zone provision is removed.
By-law 2022-178 (Albadon Z-2022-101)
.143
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-143' on
Schedule 'A' to this by-law shall be used in accordance with the 'A1' Zone (Non-Farm
Residential Lot) provisions contained in this By-law, excepting however, that:
i)
Buildings and structures existing as of December 13, 2022 which do not comply
with the provisions of the By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with
the provisions of the By-law.
By-law 2023-018 (Wilkin Z-2022-120)
.144
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-144' and
'A1-144-H1' on Schedule 'A' to this by-law shall be used in accordance with the 'A1'
Zone (Non-Farm Residential Lot) provisions contained in this By-law, excepting
however, that:
i)
Buildings and structures existing as of February 14, 2023 which do not comply
with the provisions of the By-Law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with
the provisions of the By-Law.
ii)
In areas of high archaeological potential, lot grading; excavation; and/or
construction shall not be permitted unless the Holding (H1) zone provision is
removed.
By-law 2023-040 (Lang Z-2023-004)
.145
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-145' on
Schedule 'A' to this By-Law, shall be used in accordance with the 'A1' Zone provisions
contained in this By-Law excepting however that:
i)
A 'Dwelling, - Accessory Detached' shall be prohibited.
ii)
That the lot area shall be no less than +/-29.5 ha.
.146
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-146' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Non-Farm
Residential Lot) provisions contained in this By-law, excepting however, that:
General Agriculture (A1)
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i)
Buildings and structures existing as of April 11, 2023 which do not comply with
the height, yard setbacks, lot coverage, and ground floor area provisions of the
Zoning By-Law are hereby recognized. All future buildings and structures, or
additions to existing buildings and structures, shall comply with the provisions of
the Zoning By-Law.
By-law 2023-039 (Bullen Z-2023-006)
.147
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-147-H1'
on Schedule 'A' to this By-Law, shall be used in accordance with the 'A1' Zone provisions
contained in this By-Law excepting however that:
i)
The lot area shall be no less than +/- 7.57 ha.
ii)
In areas of high archeological potential, lot grading; excavation; and/or
construction shall not be permitted unless the Holding (H1) zone provision is
removed.
.148
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-148-H' on
Schedule 'A' to this By-law shall be used in accordance with the 'A1' Zone (Non-Farm
Residential Lot) provisions contained in this By-law, excepting however, that:
i)
Buildings and structures existing as of April 11, 2023 which do not comply with
the height, yard setbacks, lot coverage, and ground floor area provisions of the
Zoning By-Law are hereby recognized. All future buildings and structures, or
additions to existing buildings and structures, shall comply with the provisions of
the Zoning By-Law;
ii)
The lot area shall be no less than +/- 0.2 ha;
iii)
In areas of high archeological potential, lot grading; excavation; and/or
construction shall not be permitted unless the Holding (H) zone provision is
removed; and
iv)
Further intensification of the use by way of enlargement or increase of total
plumbing fixtures beyond 20 (twenty) fixture units shall not be permitted unless
the (H) zone provision is removed by demonstrating the lot is connected to a
municipal or communal sewer system with capacity or provincial nitrate criteria
have been addressed to the satisfaction of the Zoning Administrator.
Municipality of Brockton By-law 2023-075 (CON 6 PT LOT 20 (Former Township of Brant) [595
Sideroad 20] (Threndyle - Z-2023-043)
.149
Notwithstanding their 'A1' Zoning designation, those lands delineated as 'A1-149-H1' on
Schedule 'A' to this By-law, shall be used in accordance with the 'A1' Zone provisions
contained in this By-law excepting however that:
i)
Permitted uses shall include 'Conservation'.
ii) For the purposes of this amendment, 'Conservation' shall mean an area of land owned
by a public authority or land trust and managed for the purposes of preserving and
improving the natural features of the environment.
General Agriculture (A1)
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111
MARCH 25, 2013
iii) Where the proposed use of the subject property is for 'Conservation' the lot area shall
be no less than 14.5 hectares. For all other permitted uses the lot area shall be no less
than 37.5 hectares.
Note: the H1 zoning provision addresses areas of high archaeological potential per
Section 4.4.
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SECTION 7 - URBAN RESIDENTIAL ZONES (R1, R2 & R3)
-
7.1 SCOPE
The provisions of the 'Residential Zone 1 (R1)' zone or 'Residential Zone 2 (R2)' zone or
'Residential Zone 3 (R3)' zone shall generally apply to lands designated 'Residential' on
Schedule A - Land Use Plan for the Walkerton Community Official Plan.
-
7.2 USES PERMITTED
No person shall within a 'Residential Zone 1 (R1)' zone or 'Residential Zone 2 (R2)' zone
or 'Residential Zone 3 (R3)' zone use any lot or erect, alter or use any building or
structure for any purpose except the following:
PERMITTED USES
RESIDENTIAL: LOW
DENSITY SINGLE
(R1)
RESIDENTIAL: LOW
DENSITY MULTIPLE
(R2)
RESIDENTIAL:
MEDIUM DENSITY
(R3)
'Dwelling, Single Detached'
√
√
Not Permitted
'Dwelling, Semi-Detached'
√
√
Not Permitted
'Dwelling, Converted' (a)
√
√
Not Permitted
'Dwelling, Duplex'
√
√
Not Permitted
'Dwelling, Multiple'
Not Permitted
Not Permitted
√
'Dwelling, Additional Residential
unit' (b)
√
√
√
'Townhouse, Cluster' or
'Townhouse Street'
Not Permitted
√
√
'Apartment Building'
Not Permitted
Not Permitted
√
Home Child Care
√
√
Not Permitted
Unlicensed Child Care
√
√
Not Permitted
'Home Occupation- Domestic and
Professional' as per Section 3.9 (a)
√
√
Not Permitted
'Home
Occupation
-
Bed
&
Breakfast Establishment' as per
Section 3.10 (c)
√
√
Not Permitted
'Public Park'
√
√
√
'Group Home - Type 1'
√
√
√
'Residential Care Facility' (d)
√
√
√
Accessory Buildings & Structures
as per Section 3.6
√
√
√
Footnotes
(a) A 'Dwelling, Converted' shall be permitted in a 'Dwelling, Single Detached' and 'Dwelling,
Semi-Detached' only, to a maximum of two (2) dwelling units on existing lot of record.
(b) A 'Dwelling, Additional Residential Unit' shall only be permitted with a 'dwelling, single
detached', 'dwelling, semi-detached' and 'dwelling, townhouse, street' in accordance with
Section 3.8.3.
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(c) A 'Home Occupation - Domestic & Profession', 'Home Occupation - Bed & Breakfast
Establishment', and 'Group Home - Type 1' shall be permitted in a 'Dwelling, Single Detached'
only.
(d) A 'Residential Care Facility' shall follow the Zone Provisions in accordance with Section 20.
-
7.3 ZONE PROVISIONS - 'R1 & R2'
No person shall within the 'R1' and 'R2' zones use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
Provisions: Municipal Water & Municipal Sewer
Dwelling, Single
Detached
Dwelling, Duplex & Semi
Detached
Dwelling, Townhouse
Cluster (c)
Street
Minimum Lot Area
465 m2
(5,005 ft2)
465 m2 (5,005 ft2) or
232.5 m2 (2,502.7 ft2) for
each Semi-Detached Unit
to be erected on a
separate lot of record
155 m2
(1,668 ft2) per
dwelling unit
155 m2
(1, 668 ft2) per
dwelling unit
Minimum Lot Frontage
15 metres
(50 ft)
15 metres (50 ft) or
7.5 metres (24.6 ft) for
each Semi-Detached Unit
to be erected on a
separate lot of record
15.0 metres
(50 ft)
7.5 metres
(25 ft) per
dwelling unit
Minimum Front Yard
6.0 metres (20 ft)
6.0 metres (20 ft)
(c)
6.0 metres (20 ft)
Minimum Rear Yard
7.5 metres (25 ft)
7.5 metres (25 ft)
(c)
7.5 metres (25 ft)
Minimum Exterior
Side Yard
4.3 metres (14 ft)
4.3 metres (14 ft)
(c)
6.0 metres (20 ft)
[End unit]
Minimum Interior
Side Yard
1.2 metres (4 ft)(a)
1.2 metres (4 ft)(b)
(c)
3.0 metres (10 ft)
[End unit]
Maximum Building
Height
- 'Main Building'
10 metres
(33 ft)
10 metres
(33 ft)
10 metres
(33 ft)
10.0 metres
(33 ft)
Maximum Lot Coverage
35%
35%
40%
40%
Landscaped Open
Space
Per Section 3.16.1
Footnotes
(a) With attached garage or carport. Without an attached garage or carport, the interior side
yard shall be a minimum of 2.5 metres (8 ft) on one side and 1.2 metres (4 ft) on the other
side.
(b) Where a 'Dwelling, Semi-Detached' has been equally divided to provide individual ownership
to each dwelling unit, the common side yard may be reduced to zero (0) metres.
(c) A 'Dwelling, Townhouse, Cluster' shall be subject to the following Yard provisions:
i.
The setback between the front wall of a 'Townhouse, Cluster' and an interior roadway or
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114
MARCH 25, 2013
parking area shall be no less than 4 metres (13 ft);
ii. The setback between the end side walls of each 'Townhouse, Cluster' (building ends) shall
be no less than 3 metres (10 ft);
iii. The setback between the rear walls of a 'Townhouse, Cluster' shall be no less than 3
metres (10 ft); and,
iv. The setback between the end side walls and/or rear walls of a 'Townhouse, Cluster' and
an abutting lot and/or exterior roadway shall be no less than 7.5 metres (25 ft).
Provisions: Connected to Municipal Sewer
Dwelling, Semi-Detached & Duplex
Dwelling, Single Detached
Minimum Lot Area
0.4 hectares (1 ac) or 0.2 hectares
(0.5 ac) per each Semi-Detached
Unit to be erected on a separate lot
of record
0.4 hectares (1 ac)
Minimum Lot Frontage
40 metres (131 ft) or
20 metres (66 ft) for each Semi-
Detached Unit to be erected on a
separate lot of record
40 metres (131 ft)
Minimum Front Yard
7.5 metres (25 ft)
Minimum Exterior
Side Yard
4.3 metres (14 ft)
Minimum Rear Yard
10 metres (33 ft)
Minimum Interior
Side Yard
3 metres (10 ft) (a) and (b)
Minimum Building Height,
'Main Building'
10 metres (33 ft)
Maximum Lot Coverage
25%
Landscaped Open Space
Per Section 3.16.1
Footnotes
(a) With attached garage or carport. Without an attached garage or carport, the interior side yard
shall be a minimum of 6 metres (20 ft) on one side and 3 metres (10 ft) on the other side.
(b) Where a 'Dwelling, Semi-Detached' has been equally divided to provide individual ownership
to each dwelling unit, the common side yard may be reduced to zero (0) metres.
Provisions: EXISTING LOT OF RECORD - No Connection to Municipal Services
Dwelling, Semi-Detached
& Duplex
Dwelling, Single Detached
Minimum Lot Area
Not applicable
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Minimum Lot Frontage
Not applicable
Minimum Front Yard
10 metres (33 ft)
Minimum Rear Yard
10 metres (33 ft)
Minimum Exterior Side Yard
4.3 metres (14 ft)
Minimum Interior Side Yard
3 metres (10 ft) (a) and (b)
Minimum
Building
Height,
'Main Building'
10 metres (33 ft)
Maximum Lot Coverage
20%
Landscaped Open Space
Per Section 3.16.1
Footnotes
(a) With attached garage or carport. Without an attached garage or carport, the interior side yard
shall be a minimum of 6 metres (20 ft) on one side and 3 metres (10 ft) on the other side.
(b) Where a 'Dwelling, Semi-Detached' has been equally divided to provide individual ownership
to each dwelling unit, the common side yard may be reduced to zero (0) metres.
-
7.4 ZONE PROVISIONS - 'R3'
No person shall within the 'R3' zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
Provisions: Connected to Municipal Water and Sewer Service
Dwelling, Townhouse
Dwelling, Multiple
Apartment Building
Cluster (a)
Street
Minimum Lot Area
155 m2
(1,668 ft2)
per dwelling unit
155 m2
(1,668 ft2)
per dwelling unit
155 m2
(1,668 ft2)
per dwelling unit
650 m2
(6,997 ft2)
per building
Minimum Lot Frontage
15 metres (50 ft)
7.5 metres (25 ft)
per dwelling unit
15 metres (50 ft)
15 metres (50 ft)
Minimum Front Yard
(a)
6 metres (20 ft)
6 metres (20 ft)
8 metres (26 ft)
Minimum Exterior
Side Yard
6 metres (20 ft)
[End unit]
6 metres (20 ft)
8 metres (26 ft)
Explanatory Note:
Uses in the R2 zone may be subject to site plan control. You will be required to receive site plan
approval prior to the issuance of a building permit. You are advised to check with the
Municipality.
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116
MARCH 25, 2013
Minimum Interior
Side Yard
(a)
3.0 metres (10 ft)
[End unit] (b)
3.0 metres (10 ft)
5.0 metres (16 ft)
Minimum Rear Yard
(a)
7.5 metres (25 ft)
7.5 metres (25 ft)
10.0 metres (33 ft)
Maximum Lot Coverage
45%
45%
45%
50%
Minimum
Landscaped
Area/Open Space
30%
30%
30%
30%
Maximum
Height
-
'Main Building'
10 metres
(33 ft)
10 metres
(33 ft)
10 metres
(33 ft)
20 metres (66 ft)
Landscaped Open Space
Per Section 3.16.1
Footnotes
(a) A 'Dwelling, Townhouse, Cluster' shall be subject to the following yard provisions:
i.
The setback between the front wall of a 'Townhouse, Cluster' and an interior roadway or
parking area shall be no less than 4 metres (13 ft);
ii. The setback between the end side walls of each 'Townhouse, Cluster' (building ends) shall
be no less than 3 metres (10 ft);
iii. The setback between the rear walls of a 'Townhouse, Cluster' shall be no less than 3
metres (10 ft);
iv. The setback between the end side walls and/or rear walls of a 'Townhouse, Cluster' and
an abutting lot and/or exterior roadway shall be no less than 7.5 metres (25 ft).
(b)
Where a 'Townhouse, Street' has been divided to provide individual ownership to each
dwelling unit, the common side yard may be reduced to zero (0) metres.
-
7.5 SPECIAL PROVISIONS - R1
Town of Walkerton By-law #92-35 (Walkerton - various locations)
.1
Notwithstanding their 'R1' zoning designation those lands delineated as 'R1-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-Law, excepting however that:
i.
For the purposes of this amendment, 'lot coverage' shall be defined as the percentage
of the lot area covered by all buildings above ground level, but does not include that
portion thereof which is completely below ground level.
Town of Walkerton By-law #92-35 (Walkerton)
.2
Notwithstanding their 'R1' zoning designation those lands delineated as 'R1-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
Explanatory Note:
All uses in the R3 zone are subject to site plan control. You will be required to receive site
plan approval prior to the issuance of a building permit. You are advised to consult with the
Municipality.
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MARCH 25, 2013
contained in this By-law, excepting however that:
i.
For the purposes of this amendment, 'lot coverage' shall be defined as the percentage of
the lot area covered by all buildings above ground level, but does not include that portion
thereof which is completely below ground level; and,
ii. The minimum front yard setback shall be no less than 4.5 m (14.8 ft).
Municipality of Brockton By-Law #2001-60 (Brockton - various locations)
.3
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-3' on
Schedule 'A' to this By-Law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
The permitted uses shall include a 'hotel/motel'.
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118
MARCH 25, 2013
Municipality of Brockton By-law #2001-60 (Brockton - various locations)
.4
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-4' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
The permitted uses shall include 'trades person's shop'.
Municipality of Brockton By-law #2006-60 (Eidt, Plan 7 Lots 63, 74 and 65 and Part of Lot 48,
geographic Town of Walkerton)
.5
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-5' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
The interior side yard and rear yard setbacks on the south east side of the property
shall be as it existed on the date of passing of this By-law.
Municipality of Brockton By-law #2005-67 (Sepp, Plan 162 Part of Park Lot 44 Yonge Street North,
geographic Town of Walkerton)
.6
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-6' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
The minimum exterior side yard setback shall be no less than 1.5 metres for the
dwelling unit as it exists on the day of the passing of this By-law.
.7
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-7' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
The minimum side yard setback on the west side of the property shall be no less
than 4.0 metres.
Municipality of Brockton By-law #2009-58 (Binkley c/o Popp, Plan 7 Part of Lot 35, geographic
Town of Walkerton)
.8
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-8' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
The minimum lot area shall be no less than 556 sq. metres;
ii. The maximum lot coverage shall be no greater than 36%; and,
iii. The exterior side yard setback shall be 0 metres.
Town of Walkerton By-law #92-35 (Various locations, geographic Town of Walkerton)
.9
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-9' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
The minimum lot frontage for a corner lot shall be 17.5 metres (57.4 ft);
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ii. The minimum frontage for an interior lot shall be 12.2 metres (40 ft);
iii. The maximum floor area of a dwelling unit shall be 102 m2 (1,098 ft2); and,
iv. For the purposes of this amendment, "floor area" shall mean the total floor area
contained within the inside walls of a dwelling unit, excluding any private garage,
carport, porch, veranda, unfinished attic, cellar or sun room (unless such sun
room is habitable during all seasons of the year).
Municipality of Brockton By-law #2010-04 (Turner and Williams c/o IBI Group, Plan 84 Part of
Park Lots 7 and 8 and Plan162 Lot 26 (being Part 2 on RP 3R-3464)
.10
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-10' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum lot frontage shall be no less than 12.0 metres;
ii. Minimum interior side yard for both sides shall be no less than 1.2 metres; and
iii. Maximum lot coverage shall be 40%
.11
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-11' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum lot frontage shall be no less than 12.0 metres;
ii. Minimum exterior side yard shall be no less than 3.0 metres;
iii. Minimum interior side yard for both sides shall be no less than 1.2 metres; and
iv. Maximum lot coverage shall be 40%.
Municipality of Brockton By-law #95-10 (Judar, Plan 162 Part of Park Lot L and Plan 7 Part of Lots
2 and 3, geographic Town of Walkerton)
.12
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-12' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
Prior to the issuing of a building permit, the owner of the property shall provide a
site plan and enter into an agreement with the Town in accordance with by-law No.
85-52 (Site Plan Control), detailing lot grading and drainage, a building envelope
and driveway location.
Municipality of Brockton By-law #2008-56 (Edinburgh Holdings Corp., Plan 185 Part of Lots 2
and 3 and Lots 4 and 5, geographic Town of Walkerton)
.13
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-13' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum exterior side yard shall be no less than 5.1 metres;
ii. Notwithstanding Section 3.9.3, the maximum number of assistants employed in the
Home Occupation who do not reside in the "dwelling" shall not exceeds three (3); and,
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MARCH 25, 2013
iii. Notwithstanding Section 3.9.5, the maximum total gross floor area utilized for the
Home Occupation shall not exceed 139 m2.
Municipality of Brockton By-law #2011-98 (1221058 Ontario Inc. [Spitzig], Part of Lot 22,
Concession 1 NDR; Plan 162 Part of Lots 1 and 2 and Part of Park Lots 41 and 42; Part of Unnamed
Road Lying South of Plan 3R-883 and North of Durham Road, geographic Town of Walkerton)
.14
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-14' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum lot frontage shall be no less than 12.0 metres.
Municipality of Brockton By-law #2012-27 (Walker, Part of Lot 33, Concession 1 NDR being Part
4 on RP 3R-1888, geographic Township of Brant)
.15
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-15' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
Should a new 'dwelling' replace the existing 'dwelling' at the time of adoption of the
zoning by-law, the minimum rear yard shall be no less than 70.0 metres.
Municipality of Brockton By-law #2010-58 (Price Schonstrom Inc., Part of Lot 1, Plan 7 Exp Plan
722 Part 2 and Lot 1 and Lot 2 Plan 7 William E/S, Municipality of Brockton (geographic Town of
Walkerton)
.16
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-16' on
Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone provisions
contained in this By-law, excepting however, that:
i.
The permitted uses shall be limited to a 'parking area', for the exclusive use of
employees of the adjacent general industrial use (Price Schonstrom Inc.);
ii. The parking of trucks and other machinery associated with the adjacent general
industrial use (Price Schonstrom Inc.) shall be prohibited;
iii. Outdoor storage, and all buildings and/or structures shall be prohibited; and,
iv. A Site Plan Control Agreement shall be registered on title with the subject lands.
By-law 2017-058 (Eidt Z-43-17.36 - Part Lots 61 to 63, Plan 7, Part Lot A, Plan 162, being Part
2on RP 3R-4199, Walkerton)
.17
Notwithstanding their 'R1' zoning, those lands delineated as 'R1-17' on Schedule 'A' to
this By-law, shall be used in compliance with the 'R1' zone provisions contained in this
By-law excepting however:
i.
Notwithstanding Section '3.16.1(ii) Landscaped Open Space', a minimum of 50%
of all of the land extending from the west building face to the limit of the travelled
portion of the Street, shall be 'Landscaped Open Space'. All other Provisions of
Section 3.16.1 shall apply.
ii.
Notwithstanding 'Section 3.26 Off-Street Parking Regulations', a maximum of
three (3) 'Parking Spaces' shall be permitted. A 'Parking Space' shall be a minimum
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of 9.1 m (30 ft) in length as measured from the building face. One (1)
Entrance/Driveway shall be permitted, with a maximum width of 10.0 m (33 ft) as
measured along / at the building face. All other provisions of Section 3.26 Off-
Street Parking Regulations shall apply;
iii.
Buildings and structures existing as of July 17, 2017 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of this By-law.
By-law 2022-007 (Walker Hill Development Inc. Z-2021-006 - PLAN 162 PT PARK LOT 48
RP;3R6543 PARTS 1 AND 2 (Walkerton); and CON 1 NDR PT LOT 32 (Brant).
.18
Notwithstanding their 'R1' Zoning designation, those lands delineated as 'R1-18' and
'R1-18-H' on Schedule 'A' to this By-law shall be used in accordance with the 'R1' Zone
provisions contained in this By-law, excepting however, that:
i.
The maximum lot coverage for a 'Dwelling, Single Detached' shall be 40%;
ii.
The maximum lot coverage for a 'Dwelling, Semi-Detached' shall be 55%;
iii.
The maximum lot coverage for 'Accessory Buildings and Structures' associated
with a 'Dwelling, Single Detached' shall be 10%; and
iv.
The 'H - holding' symbol may be removed by Council once the following
conditions have been met:
v.
Confirmation to the satisfaction of the Zoning Administrator that:
vi.
An M-plan has been registered for the subject lands; and
vii.
Services are in place sufficient to obtain a building permit.
Municipality of Brockton By-law 2023-024 (Barry's Construction, Z-2022-091, BRANT CON 1
NDR PT LOT 32;PLAN 38 PARK LOTS 26 27 AND;28 PT PARK LOT 25 PT RD;ALLOW PLAN 162 PT
PARK LOTS;47 AND 48 AND RP 3R4975)
.19
Notwithstanding their R1 designation, those lands delineated as 'R1-19' on Schedule 'A'
to this By-law shall be used in accordance with the 'R1' Zone provisions contained in
this By-law, excepting however, that:
i)
A maximum lot coverage of 45% is permitted.
.20
Notwithstanding their R1 designation, those lands delineated as 'R1-20' on Schedule 'A'
to this By-law shall be used in accordance with the 'R1' Zone provisions contained in
this By-law, excepting however, that:
i)
A maximum lot coverage of 45% is permitted.
ii)
No shed, deck, pool or other accessory building is permitted within 14 metres of
the rear property line.
Urban Residential Zones (R1, R2 & R3)
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-
7.6 SPECIAL PROVISIONS - R2
Town of Walkerton By-law #92-35 (Plan 84 Part of Park Lot 12, geographic Town of Walkerton)
.1
Notwithstanding their 'R2' Zoning designation, those lands delineated as 'R2-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'R2' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to a 'funeral home' in accordance with the 'C2' zone
provisions contained in this By-law.
Municipality of Brockton By-law #99-57 (Campbell, Plan 162 Part of Lot 9, geographic Town of
Walkerton)
.2
Notwithstanding their 'R2' Zoning designation, those lands delineated as 'R2-2' on
Schedule 'A' to this By-law shall be used for residential and Home Occupation - Bed and
Breakfast Establishment uses in accordance with the 'R2' Zone provisions and Section 3.10
contained in this By-law, excepting however, that:
i.
The maximum number of guest rooms shall be six (6);
ii. No guest bedrooms shall be located above the second storey except in conformance
with the Ontario Building Code and/or other related legislation and regulation and
approved by the Chief Building Official of the Municipality;
iii. One guest room measuring approximately 10.2 square metres (110 square feet) shall
be allowed;
iv. The maximum number of guests shall be limited to ten (10);
v. A planting strip consisting of a green hedge shall be established along the north
property line extending the length of the parking area; and,
vi. One driveway of approximately 7.9 metres (26 feet) in width shall be allowed.
Municipality of Brockton By-law 2014-004 (Ernewein Z58/13, Plan 162 Part Park Lot 1, Park Lot
2 Lots A and B W Victoria St, Walkerton)
.3
Notwithstanding their 'R2' zoning, the lands zoned 'R2-3' shall be used in accordance
with the following:
Permitted Uses:
i.
Up to 35 Semi-detached and/or townhouse dwellings, fronting onto municipal streets
or a private street; and
ii. accessory buildings and structures;
Provisions:
-
Minimum lot area: 1.7 ha
-
Minimum lot frontage: 100.7 m
-
Minimum front and exterior side yard setback: 6m
-
Minimum setback from paved private street: 5.1 m
-
Minimum setback from rear or interior side lot line: 3.6 m
Urban Residential Zones (R1, R2 & R3)
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123
MARCH 25, 2013
-
Minimum separation between buildings: 2.4 m
-
Minimum floor area, gross: 65 m2 per unit
-
Maximum building height: 10 m
-
Maximum lot coverage: 43%
-
All other relevant provisions of the Zoning By-law shall apply.
-
The lands are subject to Site Plan Control under Section 41 of The Planning Act.
Municipality of Brockton By-law #2008-67 (Weber, Plan 162 Part of Lots F, K and A being Part 3
on 3R-4455)
.4
Notwithstanding their 'R2' Zoning designation, those lands delineated as 'R2-4' on
Schedule 'A' to this By-law shall be used in accordance with the 'R2' Zone provisions
contained in this By-law, excepting however, that:
i.
A Site Plan Control Agreement shall be registered on title.
Municipality of Brockton By-law #2017-072 (JDR Investments - Walkerton - Brant School
Property - Block 'B' and Part of Block 'C', Registered Plan 626 and Part of Park Lot 45,
Registered Plan 162, Walkerton)
.5
Notwithstanding their 'R2' Zoning designation, those lands delineated as 'R2-5' on
Schedule 'A' to this By-law shall be used in accordance with the 'R2' Zone provisions
contained in this By-law, excepting however, that:
i.
The 'Minimum Rear Yard' shall be no less than 15 metes.
Municipality of Brockton By-law #2019-005 (JDR Development (Walkerton) Inc. - Lots 1-46, 56-
75, Registered Plan 3M-242, Walkerton
.6
That Section 7.6 Special Provisions to By-Law 2013-26, as amended, is further amended
by adding the following subsection:
i.
For lands zoned 'R2-6', the maximum lot coverage shall be 40%;
Municipality of Brockton By-law 2019-031 (1665426 Ontario Limited c/o Bill Clancy - Z-76-
18.34 - Part of Lot 21, Concession 1 SDR, Parts 1 to 4, RP 3R-5553, geographic Township of
Brant)
.7
Notwithstanding the lot coverage Zone Provisions that apply to the R2 zone, the
following lot coverage shall apply to the lands zoned 'R2-7' in this by-law:
a)
Lot coverage, maximum: 40 %
Municipality of Brockton By-law 2020-009 (2369906 Ontario Ltd/Spitzig/Reich/Cobean - Z-
44-19.36 - PLAN 96 Lot 13 & PT Lot 12; and PLAN 96 LOTS 14,15,16,17; CRAWFORD WS,
Geographic Town of Walkerton))
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124
MARCH 25, 2013
.8
a)
The lands zoned as 'R2-8' on Schedule 'A' to this By-law shall be used in
compliance with the 'R2' zone provisions contained in this By-law, excepting
however:
i.
That the exterior side yard shall be permitted to be +/- 1m to the covered
porch and +/- 4 m to the dwelling unit.
ii. That the interior side yard shall be permitted to be +/- 5 m.
iii. That the rear yard shall be permitted to be +/- 2 m to the covered porch and
+/- 5.1 m to the dwelling unit.
b)
That the H-Holding provision may be removed when the following conditions
have been met:
i.
A Final Stormwater Management Plan for the proposed development is
reviewed by the Municipal Engineer to the satisfaction of the Municipality of
Brockton and the County of Bruce.
ii. That an easement between the County of Bruce and the proponent is
registered for the required infrastructure.
iii. That a Site Plan Control Agreement, that includers a fence in the form of a
cedar hedge surrounding the property boundaries that are not adjacent to an
open road or unopened road allowance, is accepted to the satisfaction of the
Municipality of Brockton.
By-law 2022-007 (Walker Hill Development Inc. Z-2021-006 - PLAN 162 PT PARK LOT 48
RP;3R6543 PARTS 1 AND 2 (Walkerton); and CON 1 NDR PT LOT 32 (Brant))
.9
Notwithstanding their 'R2' Zoning designation, those lands delineated as 'R2-9-H' on
Schedule 'A' to this By-law shall be used in accordance with the 'R2' Zone provisions
contained in this By-law, excepting however, that:
i.
The maximum lot coverage for a 'Dwelling, Townhouse Street' shall be 55%;
ii. The minimum exterior side yard shall be 4.4m for the westerly most townhouse block
(Draft Approved Block 37, S-2021-003);
iii. The minimum interior side yard shall be 1.5m; and
iv. The 'H - holding' symbol may be removed by Council once the following conditions
have been met:
(a)
Confirmation to the satisfaction of the Zoning Administrator that:
i.
An M-plan has been registered for the subject lands; and
ii. Services are in place sufficient to obtain a building permit.
By-law 2022-016 (Fotheringham Z-2021-067 - 206 MCGIVERN ST W - PLAN 106 BLK B LOTS 7
AND 8;PT LOTS 9 TO 11 AND PT ST.;JOSEPH ST AND RP 3R4068 PART;2 RP 3R8542 PART 1 RP
3R8588;PART 1 (Walkerton)
.10
Notwithstanding their 'R2' Zoning designation, those lands delineated as 'R2-10-H', on
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Schedule 'A' to this By-law shall be used in accordance with the 'R2' zone provisions
contained in this By-law, excepting however, that:
i.
The minimum front yard shall be 6.0 m;
ii. The minimum interior side yard shall be 5.0 m;
iii. The maximum width of any joint entrance and exit driveway measured along the
street line shall be 9.0 m; and
iv. The 'H-holding' symbol may be removed by Council once the following conditions
have been met:
1. That a Record of Site condition is accepted to the satisfaction of the
Municipality of Brockton; and
2. That a site Plan Agreement is accepted to the satisfaction of the Municipality
of Brockton and that the Site plan Agreement be registered on title.
By-law 2022-032 (Clancy Z-2021-096 - 217 IRISHWOOD LN; 219 IRISHWOOD LN - PLAN
3M249 LOT 23; PLAN 3M249 LOT 24 (Brant))
.11
Notwithstanding their 'R2' Zoning designation, those lands delineated as 'R2-11' on
Schedule 'A' shall be used in accordance with the 'R2' Zone provisions contained in this
By-Law excepting however that:
i.
The maximum lot coverage shall be 40%; and,
ii. The minimum side yard setback for the mutual lot line between Lot 23 and Lot 24
Plan 3M249 shall be .97m.
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COMPRENSIVE ZONING BY-LAW
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MARCH 25, 2013
-
7.7 SPECIAL PROVISIONS - R3
Municipality of Brockton By-Law #2005-70 (Foreman Apartments, Plan 836 Part of Lot 1, Yonge
Street E/S)
.1
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone provisions
contained in this By-law, excepting however that:
i.
Minimum lot frontage shall be no less than 20.5 metres (67.27 feet);
ii. Section 3.27.1 (a) (ii) shall not apply;
iii. Parking shall be permitted in the front yard but no part of any parking space shall be
located closer than 9.1 metres (30 feet) from the front property line and no closer
than 3.0 metres (10 feet) to the south interior lot line and 2.74 metres (9 feet) to the
north interior lot line; and,
iv. A 2.44 metre (8 feet) high permanent, maintenance free board fence shall be erected
and maintained along the full length of the south interior lot.
Municipality of Brockton By-Law #2010-04 (Turner and Williams c/o IBI Group, Plan 84, Part Park
Lots 7 and 8, and Plan 162 Lot 26 being Part 2 on RP 3R-3464)
.2
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum rear yard shall be no less than 6 metres.
Town of Walkerton By-law #92-35
.3
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-3' on
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted use shall be limited to an 'apartment building';
ii. Maximum number of 'dwelling units' within 'apartment building' shall not exceed
twenty-four (24);
iii. Minimum front yard shall be no less than 9.0 metres;
iv. Minimum exterior side yard shall be no less than 9.0 metres;
v. Minimum interior side yard shall be no less than 6.4 metres; and,
vi. Minimum rear yard shall be no less than 11.5 metres.
Town of Walkerton By-law #92-35
.4
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-4' on
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted use shall be limited to an 'apartment building'; Minimum lot frontage shall
Urban Residential Zones (R1, R2 & R3)
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COMPRENSIVE ZONING BY-LAW
127
MARCH 25, 2013
be no less than 28 metres;
ii. Minimum interior side yard to an abutting lot shall be no less than 8.2 metres;
iii. A balcony attached to a 'dwelling unit' may project into the required side yard by no
greater than 1.7 metres; and,
iv. Minimum separation distance between 'apartment buildings' shall be no less than 4.5
metres.
Town of Walkerton By-law #92-35
.5
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-5' on
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted use shall be limited to an 'apartment building';
ii. Minimum lot area shall be no less than 1,740 m2;
iii. Minimum lot frontage shall be no less than 34.7 metres;
iv. Minimum front yard shall be 0 metres;
v. Minimum exterior side yard shall be 0 metres;
vi. Minimum rear yard shall be no less than 4.6 metres;
vii. Maximum lot coverage shall not exceed 42%; and,
viii. Only those buildings or structures existing on the date of passing of this By-law shall
be permitted.
Town of Walkerton By-law #92-35
.6
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-6' on
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted use shall be limited to a 'residential care facility';
ii. Maximum number of beds shall be no greater than sixty (60);
iii. Minimum front yard shall be no less than 7.6 metres and no parking shall be permitted
in the front yard;
iv. Minimum westerly interior side yard shall be no less than 3.0 metres;
v. Maximum lot coverage shall not exceed 23%;
vi. Minimum landscaped area/open space shall be no less than 50%;
vii. Maximum Height - 'Main Building' shall not exceed three (3) stories; and,
viii. Notwithstanding Section 3.27.1 (xviii), the number of off-street parking spaces shall
be one (1) space per three (3 beds).
Town of Walkerton By-law #92-35
.7
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-7' on
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone provisions
contained in this By-law, excepting, however that:
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128
MARCH 25, 2013
i.
Minimum lot area shall be no less than 828 sq. metres;
ii. Minimum lot frontage shall be no less than 31 metres;
iii. Minimum front yard for an existing structure on the date passing of this By-law shall
be no less than 3.0 metres;
iv. Minimum interior side yard for an existing structure on the date of passing of this By-
law shall be no less than 0.4 metres;
v. Minimum rear yard for an existing structure on the date of passing of this By-law shall
be no less than 2.5 metres; and,
vi. Maximum lot coverage shall not exceed 36%.
Town of Walkerton By-law #92-35
.8
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-8' on
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be a 'residential care facility' and/or an 'apartment building';
ii. Minimum northerly interior side yard shall be no less than 7.62 metres;
iii. Minimum rear yard shall be no less than 7.62 metres;
iv. Maximum height - 'Main Building' shall not exceed three (3) storeys or 11.4 metres,
whichever is the lesser; and,
v. Notwithstanding Section 3.27.1 (xviii), the number of off-street parking spaces for a
'residential care facility' shall be one (1) space per patient room or resident room.
Town of Walkerton By-law #92-35
.9
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-9' on
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone provisions
contained in this By-law, excepting however that:
i.
Permitted use shall be an 'apartment building'; and,
ii. Minimum side yard shall be no less than 6.1 metres.
Town of Walkerton By-law #92-35
.10
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-10' on
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone provisions
contained in this By-law, excepting however that:
i.
Section 3.26.9 of this By-law shall not apply in order to prevent the location of a
parking lot in the front yard, not closer than 1.25 metres (4.1 ft) to the front lot line.
Municipality of Brockton By-law #2004-37 (Hinsperger Condominiums - old 'Spool & Bobbin'
site)
.11
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-11' on
Urban Residential Zones (R1, R2 & R3)
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129
MARCH 25, 2013
Schedule 'A' to this By-law shall be used in accordance with the 'R3' Zone, excepting
however, that:
i.
The minimum exterior side yard shall be no less than 9.3 metres;
ii. The minimum rear yard setback shall be no less than 12.6 metres;
iii. That no formal Play Space for Apartments need be identified, provided that a similar
amount of open space is provided on the property; and,
iv. Habitable rooms are not permitted below the Regional Storm Flood elevation for the
Saugeen River.
By-law 2019-031 (1665426 Ontario Limited c/o Bill Clancy - Z-76-18.34 - Part of Lot 21,
Concession 1 SDR, Parts 1 to 4, RP 3R-5553, geographic Township of Brant)
.12
Notwithstanding the uses permitted in the R3 zone, the following forms of housing
shall be permitted in the following zones:
a) 'R3-12' dwelling, townhouse:
b) 'R3-13' dwelling, apartment building
The zone provisions that apply to the R3 zone will continue to apply except for the
following which shall prevail in the event of conflict:
a) R3-13 minimum number of units: 60
b) R3-13 maximum number of units: 65
O. Reg. 515/22 Zoning Order - Municipality of Brockton, County of Bruce (This section applies
to the lands located in the area shown as the Medium Density Residential Zone -- Special
Provision 14 (R3-14) on the map referred to in section 2)
.13
Every use of land and every erection, location or use of any building or structure is
prohibited on the lands described in subsection (1), except for uses permitted within the
Medium Density Residential Zone -- Special Provision 14 (R3-14) under the Zoning By-
law.
The zoning requirements for the uses permitted under subsection (2) are the zoning
requirements set out for the Medium Density Residential Zone -- Special Provision 14
(R3-14) in the Zoning By-law with the following exceptions:
i.
The minimum exterior side yard setback is 4.5 metres.
ii.
The minimum interior side yard setback is 2.5 metres.
iii.
The minimum rear yard setback to a covered deck is 4.5 metres.
iv.
The total maximum lot coverage for all buildings and structures is 60 per cent.
v.
The maximum lot coverage for a main building is 55 per cent.
vi.
The maximum lot coverage for an accessory building or structure is 5 per cent.
Municipality of Brockton By-law 2023-024 (Barry's Construction, Z-2022-091, BRANT CON 1
NDR PT LOT 32;PLAN 38 PARK LOTS 26 27 AND;28 PT PARK LOT 25 PT RD;ALLOW PLAN 162 PT
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130
MARCH 25, 2013
PARK LOTS;47 AND 48 AND RP 3R4975; WALKERTON CON 1 NDR PT LOTS;32 TO 35 PLAN 162
PT PARK;LOTS 47 AND 48 RP 3R9442 PT;PARTS 2 TO 5 RP 3R10640;PARTS 1 TO 4 6 8 TO 10 24
42
.14
Notwithstanding their R3 designation, those lands delineated as 'R3-15' on 'Schedule
'A' to this By-law shall be used in accordance with the 'R3' Zone provisions contained in
this By-law, excepting however, that:
i)
The minimum exterior side yard setback shall be 3.5 metres;
ii)
The minimum interior side yard setback shall be 1.5 metres;
iii)
The minimum rear yard setback shall be 6.0 metres; and
iv)
The 'maximum lot coverage' shall be 60%.
Municipality of Brockton By-law 2025-024 (Spitzig c/o Cobide, Z-2024-078, PLAN 2 RANGE 1 2
PT LOTS 1;TO 3
.15
Notwithstanding their 'R3' Zoning designation, those lands delineated as 'R3-16-H' on
Schedule 'A' to this By-Law, shall be used in accordance with the 'R3' Zone provisions
contained in this By-Law excepting however that:
i.
That Maple Street be considered the "Lot Line, Front" or 'Front Lot Line";
ii.
For a Dwelling, Townhouse Street, Section 3.26.9.5 shall not apply to restrict the
number of and distance between driveways, one entrance or driveway per Dwelling,
Townhouse Street shall be permitted.
iii.
The 'H-holding' symbol may be removed once the following conditions have been
met:
1. That a Record of Site condition is accepted to the satisfaction of the
Municipality of Brockton; and
2. That a Development Agreement to address site servicing is accepted to the
satisfaction of the Municipality of Brockton.
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Hamlet Residential (HR)
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SECTION 8 - HAMLET RESIDENTIAL (HR)
-
8.1 SCOPE
The provisions of Section 8 apply only on lands designated 'Hamlet' or 'Secondary Urban
Area' on Schedule 'A': Land Use of the County of Bruce Official Plan.
-
8.2 USES PERMITTED
No person shall within any 'Hamlet Residential (HR)' zone use any lot or erect, alter or use
any building or structure for any purpose except for one or more of the following uses:
(a)
Residential Uses
-
Dwelling, Single Detached
-
Dwelling, Semi-Detached
-
Dwelling, Duplex
-
Dwelling, Additional Residential Unit as per Section 3.8.3
-
Group Home - Type One [in a Dwelling, Single Detached only]
-
Home Occupation - Domestic and Professional Uses [in a Dwelling, Single
Detached only]
-
Home Occupation - Bed & Breakfast Establishment [in a Dwelling, Single
Detached only]
-
Public park
-
Uses, buildings and structures accessory to a permitted use as per Section 3.6
-
Home Child Care
-
Unlicensed Child Care
-
8.3 ZONE PROVISIONS
No person shall within any 'Hamlet Residential (HR)' zone use any lot or erect or use any
building or structure except in accordance with the following provisions:
Provisions: NEW LOT OF RECORD - No Municipal Water Service Connected
Semi-Detached & Duplex
Single Detached Dwelling
Minimum Lot Area
0.625 hectares (1.55 ac) or 0.313
hectares (0.77 ac) for each Semi-
Detached Dwelling Unit to be erected
on a separate lot of record
0.5 hectares (1.24 ac)
Minimum Lot
Frontage
50 metres (164 ft) or 25 metres (82
ft) for each Semi-Detached Dwelling
Unit to be erected on a separate lot
of record
50 metres (164 ft)
Minimum Front Yard
and Exterior Side Yard
16 metres (52.5 ft)
Minimum Rear Yard
50 metres (164 ft)
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MARCH 25, 2013
Minimum Side Yard
11.5 metres (38 ft)(a)
Maximum Building
Height Main Building
10 metres (33 ft)
Maximum Lot
Coverage
20%
Footnotes
(a)
The abutting side yard requirement for one unit of a Semi-Detached Dwelling on a
separately titled lot shall be zero metres (0 ft).
Provisions: NEW LOT OF RECORD - Connected to Municipal Water Service
Semi-Detached & Duplex
Single Detached Dwelling
Minimum Lot Area
0.41 hectares (1.01 ac) or 0.205
hectares (0.51 ac) for each Semi-
Detached Unit to be erected on a
separate lot of record
0.325 hectares (0.81 ac)
Minimum Lot Frontage
40 metres (131 ft) or 20 metres (66
ft) for each Semi-Detached Unit to
be erected on a separate lot of
record
40 metres (131 ft)
Minimum Front Yard and
Exterior Side Yard
16 metres (52.5 ft)
Minimum Rear Yard
30 metres (98 ft)
Minimum Side Yard
10 metres (33 ft)(a)
Maximum Building Height
Main Building
10 metres (33 ft)
Maximum Lot Coverage
25%
Footnotes
(a)
The abutting side yard requirement for one unit of a Semi-Detached Dwelling on a
separately titled lot shall be zero metres (0 ft).
Provisions: EXISTING LOT OF RECORD
Semi-Detached & Duplex
Single Detached Dwelling
Minimum Lot Area
Not applicable
Minimum Lot Frontage
Not applicable
Minimum Front Yard and
Exterior Side Yard
7.5 metres (25 ft)
Minimum Rear Yard
10 metres (33 ft)
Minimum Side Yard
3 metres (10 ft) on one side & 1.5 metres (5 ft) on the other side(a)
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134
MARCH 25, 2013
Maximum Building
Height Main Building
10 metres (33 ft)
Maximum Lot Coverage
(b)
20%
Footnotes
(a)
The abutting side yard requirement for one unit of a Semi-Detached Dwelling on a
separately titled lot shall be zero metres (0 ft).
(b)
Where connected to partial municipal services Maximum Lot Coverage shall be 25%.
-
8.4 SPECIAL PROVISIONS
Township of Brant By-Law #96-1239 (Part Lot 19, Concession B)
.1
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-1' on
Schedule 'A' shall be used in accordance with the 'HR' Zone provisions contained in this
By-Law excepting however that:
A maximum of two (2) semi-detached dwellings may be permitted on the lands;
No basements or cellars shall be permitted.
Township of Brant By-Law #86-1063 (Lot 23, Concession 'A')
.2
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-2' on
Schedule 'A' shall only be used for the purposes of an 'Apartment' as it existed on the
date of passage of this By-Law, excepting however that:
i.
'Apartment' means a building or structure consisting of five (5) or more dwelling units,
which units have a common entrance from the street level and the occupants of which
obtain access to their dwelling units through common halls; and,
ii. The maximum number of dwelling units shall be six (6) - two bedroom units.
Municipality of Brockton By-Law #2004-17 (Lots 51, 55 & 78, Plan 150 & Plan 258) Elmwood
.3
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-3' on
Schedule 'A' to this By-law shall only be used in accordance with the 'HR' Zone Permitted
Uses and Zone Provisions contained in this By-Law excepting however that:
i.
Section 3.20 'Watercourse Setbacks' shall not apply to buildings and structures
existing as of the date of passage of this By-law.
Municipality of Brockton By-Law # 2010-21 (Luce, Part of Lot 71, Plan 258 (Part 1 on RP 3R 5622)
.4
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-4' on
Schedule "A" to this by-law shall be used in compliance with the 'HR' Zone provisions
contained in this by-Law, excepting however, that:
i.
The permitted uses shall be limited to an 'Apartment', as existing on the date of
passage of this By-Law;
ii. For the purposes of this by-law, 'apartment' shall be defined as a building or structure
Hamlet Residential (HR)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
135
MARCH 25, 2013
consisting of five (5) or more dwelling units, which units have independent entrances
to a front and rear yard; and
iii. Minimum lot frontage shall be no less than 26 metres.
.5
Notwithstanding their 'HR' zoning designation those lands delineated as 'HR-5' on
Schedule "A" to this By-Law shall be used incompliance with the 'HR' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum lot frontage shall be no less than 26 metres;
ii. Minimum front yard shall be no less than 7.5 metres;
iii. Minimum rear yard shall b no less than 10 metres; and,
iv. Minimum side yard shall be no less than 5 metres.
Township of Greenock By-law #93-4 (Part of Lots 27 & 28, Concession 1 SDR, geographic
Township of Greenock)
.6
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-6' on
Schedule 'A' to this By-law shall be used in accordance with the 'HR' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum front yard shall be no less than 4.5 metres;
ii. Minimum westerly side yard shall be no less than 3.4 metres; and,
iii. Minimum rear yard shall be no less than 0.9 metres.
Municipality of Brockton By-law #2000-4 (Part of Lot 22, Concession A, being Parts 1 & 2 on 3R-
7193 Cargill, geographic Township of Greenock)
.7
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-7' on
Schedule 'A' to this By-law shall be used in accordance with the 'HR' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum lot frontage shall be no less than 9.8 metres.
Municipality of Brockton By-law #2005-76 (Hehn/Kelly, Part of Lot 60, Concession 1 SDR, being
Part 1 on 3R-562, geographic Township of Greenock)
.8
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-8' on
Schedule 'A' to this By-law shall be used in accordance with the 'HR' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum exterior side yard shall be no less than 6.0 metres for the 'dwelling unit' as
it exists on the date of passing of this By-law;
ii. Minimum side yard shall be no less than 1.7 metres for the accessory building as it
exists on the date of passing of this By-law;
iii. Minimum rear yard setback shall be no less than 5.1 metres for the accessory building
as it exists on the date of passing of this By-law; and,
iv. Maximum lot coverage shall not exceed 12%.
.9
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-9' on
Schedule 'A' to this By-law shall be used in accordance with the 'HR' Zone provisions
Hamlet Residential (HR)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
136
MARCH 25, 2013
contained in this By-law, excepting however, that:
i.
The following residential buildings shall be permitted: 'dwelling, single detached';
'dwelling, duplex'; and, 'dwelling, multiple'; and,
ii. Minimum rear yard setback shall be no less than 8.1 metres for the 'dwelling, multiple'
as it exists on the date of passing of this By-law.
Municipality of Brockton By-law #2012-52 (Brunner/Becker, Part of Lot 34, Concession 10
being Part of Park Lot 1 RP 3R-1095, Part 11 3R-1856 and Part 5 3R-6863, Municipality of
Brockton (geographic Township of Brant)
.10
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-10' on
Schedule 'A' to this By-law shall be used in accordance with the 'HR' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum lot area shall be 1.0 hectare; and,
ii. Site Plan Control Agreement shall be registered on title.
.11
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-11' on
Schedule 'A' to this By-law shall be in accordance with the 'HR' Zone provisions contained
in this By-law, excepting however, that:
i.
Minimum lot area shall be 1.0 hectare; and,
ii. Site Plan Control Agreement shall be registered on title.
Municipality of Brockton By-law #2020-050 (Z-2020-020 - 2564744 Ontario Ltd (D Clancy) -
GREENOCK CON 7 PT LOT 5 RP;3R10159 PARTS 1 AND 2 (Greenock), Municipality of Brockton)
.12
a)
That By-law No. 2013-26, as amended, is hereby further amended by deleting the
provisions associated with Hamlet Residential Special (HR-12) in their entirety and
replacing them with:
The lands zoned as 'HR-12-H' on Schedule 'A' to this By-law shall be used in
compliance with the 'H'R zone provisions contained in the By-law, excepting however:
i.
That a tertiary sewage treatment system approved for use under the latest edition
of the Ontario Building Code is required to service the three proposed dwelling.
These units are typically capable of achieving nitrate effluent concentrations of 10
mg/L to 15 mg/L;
ii.
That the minimum lot area be no less than +/-1514 sq. m;
iii.
That the lot frontage be no less than +/-28.5m;
iv.
That the minimum front yard be no less than +/-9m;
v.
That the rear year be no less than +/-19m;
vi.
That the minimum side yard be no less than +/-4m; and
vii.
That the lot coverage be no greater than 25.5%.
Hamlet Residential (HR)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
137
MARCH 25, 2013
b)
That the H-Holding provision shall be removed upon the completion of a lot
grading and drainage plan and the associated works have been implemented to
the satisfaction of the Municipality of Brockton.
Municipality of Brockton By-law 2022-154 (Schmidt Z-2022-043, 53 CONCESSION 6 - CON 6
PT LOT 7 (Greenock) Municipality of Brockton, Roll Number 410431000212000)
.13
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-13' and
on Schedule 'A' to this By-law shall be used in accordance with the 'HR' Zone provisions
contained in this By-law, excepting however, that:
i)
The lot frontage shall be no less than 39 m
ii) That the lot area shall be no less than 0.4 ha
Municipality of Brockton By-law 2022-166 (Hickey Z-2022-041, 31 Queen St - CON A PT LOTS
24 & 25 RP;3R6384 PART 1 (Greenock) Municipality of Brockton, Roll Number
410431000237310)
.14
Notwithstanding their 'HR' Zoning designation, those lands delineated as 'HR-14' on
Schedule 'A'to this By-law shall be used in accordance with the 'HR' Zone provisions
contained in this By-law,excepting however, that:
i)
The lot frontage shall be no less than 39 m
ii)
That the lot area shall be no less than 0.2 ha
Inland Lake Residential (LR)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
138
MARCH 25, 2013
SECTION 9 - INLAND LAKE RESIDENTIAL (LR)
-
9.1 SCOPE
The provisions of Section 9 apply only on lands designated 'Inland Lake Development
Area' on Schedule 'A': Land Use of the County of Bruce Official Plan.
-
9.2 USES PERMITTED
No person shall within the 'Inland Lake Residential (LR)' zone use any lot or erect, alter or
use any building or structure for any purpose except for one or more of the following
uses:
(a)
Residential Uses
-
Dwelling, Single Detached
-
Group Home - Type One
-
Home Occupation -Domestic & Professional Uses in accordance
with Section 3.9
-
Home Occupation - Bed and Breakfast Establishment in accordance
with Section 3.10
-
Public Park
-
Uses, buildings and structures accessory to a permitted use as per Section 3.6
-
Home Child Care
-
Unlicensed Child Care
-
9.3 ZONE PROVISIONS
No person shall within any 'Inland Lake Residential (LR)' zone use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
Provisions
Requirement
Minimum Lot Area
1hectare (2.47 acres)
0.4 hectares (0.99 ac)(b)
Minimum Lot Frontage
30 metres (98 ft)
Minimum Front Yard or
Exterior Side Yard
6 metres (20 ft)
Minimum Rear Yard
7.5 metres (25 ft)
Minimum Side Yard
1.5 metres (5 ft)(c)
Maximum Building Height
- Main Building
10 metres (33 ft)(e)
Maximum Lot Coverage
15%
Inland Lake Residential (LR)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
139
MARCH 25, 2013
Provisions
Requirement
Setback to
Water's Edge(a)
- Existing Lot of Record(b)
.1 No closer than 15 metres from closest point of water's edge; or
.2 If an Existing Dwelling is located on the Lot and any part of the Existing
Dwelling is located within 10 metres of the closest point of waters edge:
(i) If the Existing Dwelling is demolished, a new Dwelling shall be located
no closer than 15 metres from the closest point of water's edge and all
other Requirements shall be fulfilled.
(ii) An Existing Dwelling may be strengthened to a safe condition or
renovated provided there is no increase in building footprint, total floor
area, storeys or height. The setback to the closest point of water's edge
shall be maximized.
(iii) If there is 10% or less of the Existing Dwelling building footprint within
10 metres of the closest point of waters edge, the Existing Dwelling may
be
expanded/enlarged
provided
that
no
portion
of
the
expansion/enlargement is closer to the water's edge than 10 metres and
all other Requirements are fulfilled. The setback to the water's edge shall
be maximized.
(iv) If there is 11% or more of the Existing Dwelling footprint within 10
metres of the water's edge no further enlargement or expansion to the
Existing Dwelling shall be permitted.
(v) The policies of Section 3.5.1 Enlargements, Repairs and Renovations -
Legal Non-Complying shall not apply; or
.3 If an Existing Dwelling is located on the Lot and any part of the Existing
Dwelling is located within 15 metres but no closer than 10 metres of the
water's edge:
(i) If the Existing Dwelling is demolished, a new Dwelling shall be located
no closer than 15 metres from the water's edge and all other Requirements
shall be fulfilled.
(ii) The Existing Dwelling may be expanded/enlarged/renovated provided
that no portion of the expansion/enlargement/renovation is closer to the
water's edge than the Existing Dwelling and all other Requirements are
fulfilled. The setback to the water's edge shall be maximized.
(iii) The policies of Section 3.5.1 Enlargements, Repairs and Renovations -
Legal Non-Complying shall not apply.
Setback to Waters Edge(a) -
New Lot of Record(b)
30 metres
Watercourse Setbacks
Section 3.20 'Watercourse Setbacks' shall not apply.
Inland Lake Residential (LR)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
140
MARCH 25, 2013
Footnotes
(a)
The Water's Edge shall apply to Lake Rosalind, Marl Lake, Pearl Lake and Dankert Lake.
(b)
Applies to a 'Water Lot' only.
(c)
Provided the sewage disposal system is located in the front yard and a garage, carport or
similar parking structure is provided. Where the sewage disposal system is located in the
rear yard and/or no garage, carport or similar parking structure is provided there shall be
one side yard of at least 3 metres (10 ft.).
(d)
In no circumstance shall the 'Maximum Lot Coverage' provision exceed 15%. The
'Minimum Ground Floor Area' may be reduced without an amendment to this By-law to
allow for a 'Maximum Lot Coverage' of no more than 15%.
(e)
The 'Maximum Building Height - Main Building' for buildings and structures on a 'Water
Lot' shall not exceed 10 metres and shall be solely measured and based on the height of
the facade of the building or structure that fronts onto the water.
-
9.4 PROVISIONS FOR ISLAND DEVELOPMENT
Notwithstanding the provisions of the 'LR' zone, no person shall erect and/or use any
building or structure on an island except in accordance with the following provisions:
Minimum Lot Area Above High Water Mark
2 hectares (5 acres)
Minimum Sewage Disposal System Setback
from High Water Mark
30 metres (100 ft)
Minimum Building Setback From High Water Mark
15 metres (49.2 ft)
-
9.5 SPECIAL PROVISONS
Township of Brant By-Law #96-1231 (Part Lot 66, 67, Concession 2 NDR)
.1
Notwithstanding their 'LR' Zoning designation, those lands delineated as 'LR-1' on
Schedule 'A' shall be used in accordance with the 'LR' Zone provisions contained in this
By-Law excepting however that:
i.
The normal water level of the lake shall mean an elevation of 272 metres above sea
level.
ii. The finished floor level of the basement of a single detached dwelling shall be no
lower than 1.5 metres above the normal water level of the lake;
Township of Brant By-Law #84-990, #86-1061, #89-1052 (Pt. Lot 32, 33, Con. 6 & Con. 7)
.2
Notwithstanding their 'LR' Zoning designation, those lands delineated as 'LR-2' on
Schedule 'A' shall only be used only for a 'seasonal dwelling' in accordance with the 'LR'
Zone provisions contained in this By-Law excepting however that:
i.
No frontage on a Class 1 or Class 2 road shall be required;
ii. Home Occupations and a Group Home - Type One are not permitted uses.
Township of Brant By-Law #97-1248 (Part of Lot 31 & 32, Concession 4 - Lake Rosalind)
Inland Lake Residential (LR)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
141
MARCH 25, 2013
.3
Notwithstanding their 'LR' Zoning designation, those lands delineated as 'LR-3' on
Schedule 'A' may be in accordance with the 'LR' Zone provisions contained in this By-Law
excepting however that:
i.
A 30 metre buffer, in its natural state, shall be maintained from the high water mark
of Lake Rosalind.
Township of Brant By-Law #2004-31 (Part Lot 66, Concession 2 NDR)
.4
Notwithstanding their 'LR' Zoning designation, those lands delineated as 'LR-4' on
Schedule 'A' shall be used in accordance with the 'LR' Zone provisions contained in this
By-Law excepting however that:
i.
The minimum lot area shall be 1.82 ha (4.5 acres);
ii. The minimum setback from the high water mark of the lake for all buildings or
structures shall be no less than 30 metres (98.41 ft).
Township of Brant By-Law #2004-31 (Part Lot 66, Concession 2 NDR)
.5
Notwithstanding their 'LR' Zoning designation, those lands delineated as 'LR-5' on
Schedule 'A' shall be used in accordance with the 'LR' Zone provisions contained in this
By-Law excepting however that:
i.
The minimum lot area shall be 1.82 ha (4.5 acres
ii. The minimum setback from the high water mark of the lake for all buildings or
structures shall be no less than 30 metres (98.41 ft).
Township of Brant By-Law #2001-45 (Lot 71 and Part Lot 71, Concession 3 NDR)
.6
Notwithstanding their 'LR' Zoning designation, those lands delineated as 'LR-6' on
Schedule 'A' shall be used in accordance with the 'LR' Zone provisions contained in this
By-Law, excepting however that:
i.
The minimum lot area shall be 875.0 square metres;
ii. The minimum lot frontage shall be 25.0 metres.
Township of Brant By-Law #2001-45 (Lot 71 and Part Lot 71, Concession 3 NDR)
.7
Notwithstanding their 'LR' Zoning designation, those lands delineated as 'LR-7' on
Schedule 'A' shall be used in accordance with the 'LR' Zone provisions contained in this
By-Law, excepting however that:
i.
The minimum lot frontage shall be 15.24 metres.
Township of Brant By-Law #97-1248 (Part Lot 31 and Part Lot 32, Concession 4)
.8
Notwithstanding their 'LR' Zoning designation, those lands delineated as 'LR-8' on
Schedule 'A' shall be used in accordance with the 'LR' Zone provisions contained in this
By-Law, excepting however that:
i.
The minimum lot area shall be 8.9 ha (22 acres).
Inland Lake Residential (LR)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
142
MARCH 25, 2013
By-law #2014-029 (Part Lot 32 Concession 4 Brant, Parts 1, 2 and 3 RP 3R7920 and Part 1 RP
3R9501) Allen Z-5-14.34
.9
Notwithstanding their 'LR' Zoning designation, those lands delineated as 'LR-9' on
Schedule 'A' shall be used in accordance with the 'LR' Zone provisions contained in this
By-Law, excepting however that:
i.
Minimum front yard setback shall be 4.5 metres (14.8 feet).
By-law 2019-049 (Part of Lot 68, Concession 3 NDR, being Parts 2 and 3, 3R1261, Brant) -
Ballantyne / Smurk Inc. / Lippert (Z-50-18.34)
.10
1.0 That Schedule 'A' to By-Law No. 2013-26, as amended, is further amended by
changing the zoning on Part of Lot 68, Concession 3 NDR, being Parts 2 and 3,
3R1261, geographic Township of Brant, Municipality of Brockton from Environmental
Protection Special (EP-10) to Inland Lake Residential Special (LR-10) as shown on
Schedule 'A' attached hereto and forming a part of this By-Law;
2.0 That By-law No. 2013-26, as amended, is hereby further amended by adding the
following subsection to Section 9.5 thereof
.10 Notwithstanding the LR zoning, the lands delineated as LR-10 on Schedule 'A' to
this By-law shall be used in compliance with the LR zone provisions contained
in this By-law, excepting however:
i.
That the minimum lot area shall be no less than +/- 3140m2;
ii. That the minimum front yard shall be no less than +/- 5 m;
iii. That the property be serviced by a Level IV treatment unit and a Type A
dispersal bed including additional phosphorus removal measures;
iv. That a lot grading and drainage plan be required to the satisfaction of the Chief
Building Official; and
v. That the property be placed under Site Plan Control.
3.0 That this By-Law shall come into force and effect on the final passing thereof by the
Council of the Municipality of Brockton, subject to compliance with the provisions of
the Planning Act, R.S.O. 1990.
4.0 This By-Law may be cited as the "Ballantyne (Smurk Inc.) c/o Lippert Z-50-18.34 Zoning
Amendment By-Law".
Inland Lake Residential (LR)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
143
MARCH 25, 2013
By-law 2022-031 (CON 3 NDR PT LOT 71 (Brant) [162 Lake Rosalind Road 1] Lantz Z-2021-
094/OLT-22-003322
.11
Notwithstanding their 'LR' Zoning designation, those lands delineated as 'LR-11' on
Schedule 'A' shall be used in accordance with the 'LR' Zone provisions contained in this
By-Law excepting however that:
i)
The minimum lot area shall be .125 ha (.3 acres); and
ii) The maximum lot coverage for the lot shall be 26.5%; and
iii)
The minimum side yard setback from the southerly lot line shall be no less than
3.6 metres and the minimum side yard setback from the northerly lot line shall be
no less than 2.1 metres; and
iv)
The maximum building height shall be 8.5 metres.
Mobile Home Park Residential (MHP)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
144
MARCH 25, 2013
SECTION 10 - MOBILE HOME PARK RESIDENTIAL (MHP)
-
10.1
SCOPE
The provisions of Section 10 apply only on lands designated 'Hamlet' on Schedule 'A':
Land Use of the County of Bruce Official Plan.
-
10.2
USES PERMITTED
No person shall within any 'Mobile Home Park Residential (MHP)' zone use any lot or erect,
alter or use any building or structure for any purpose except for one or more of the
following uses:
(a)
Residential Uses
-
One 'Dwelling, Accessory Detached' in accordance with Section 3.8.2
exclusively for the use of the owner, manager or a caretaker of the mobile
home park.
-
Mobile Home Park
-
Mobile Home Park Lot
-
Mobile Home
-
Park Model Trailer
-
Buildings, structures and uses accessory to a permitted use in accordance with
Section 10.4 - Additional Provisions: Mobile Home Parks
-
10.3
ZONE PROVISIONS
No person shall use within a 'Mobile Home Park Residential (MHP)' zone any lot or erect,
alter or use any building or structure except in accordance with the following zone
provisions:
Provisions
Mobile Home Park
Minimum Lot Area
4 hectares (10 ac)
Minimum Lot Frontage
30 m (98 ft)
Minimum Front, Side & Rear Yards
7.5 m (25 ft)
Maximum Building Height
10 m (33 ft)
Maximum Density
25 mobile homes per gross hectare
Mobile Home Park Open Space
Not less than 5% of gross Park area
Provisions
Mobile Home Site
Minimum Lot Area
325 m2 (1938 ft2)
Minimum Lot Frontage
13 m (43 ft)
Minimum Setback - Front
3 m (10 ft)
Minimum Setback - Side
2 m (7 ft)
Minimum Setback- Rear
3 m (10 ft)
Maximum Lot Coverage
35%
Mobile Home Park Residential (MHP)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
145
MARCH 25, 2013
-
10.4
ADDITIONAL PROVISIONS - MOBILE HOME PARKS
.1
Access & Roads
Each mobile home site within a mobile home park shall be located on an internal mobile
home park road which shall have a dust free surface and shall be a minimum traveled
width of 4 metres (13 ft) for one-way traffic and 6 metres (20 ft) for two-way traffic flow.
.2
Services
Each mobile home site/mobile home located within a mobile home park shall be provided
with a communal or municipal water system, appropriate sewage disposal facilities, solid
waste disposal, storm drainage, electrical service, street lighting, telephone and road
maintenance.
.3
Parking
Each mobile home site shall be provided with one car parking space and visitor parking
shall be provided on the basis of one space for every three (3) mobile home sites.
.4
Additions and Accessory Structures - Mobile Home Site
Additions to mobile homes and buildings and structures accessory to mobile homes shall
be permitted provided that the yard setback and lot coverage provisions for the lot are
maintained. No more than two (2) accessory buildings or structures shall be permitted on
a mobile home site.
.5
Accessory Structures - Mobile Home Park
Buildings and structures accessory to mobile homes shall be permitted provided that the
yard and setback provisions for the mobile home park are maintained. The minimum
separation between a permitted accessory use and a mobile home site shall be no less
than 10 metres (33 ft).
.6
Mobile Home Site Planting Area
A planting area having a minimum width of 1 metre (3 ft) and consisting of a dense screen
of shrubs and evergreen trees, minimum 1 metre (3 ft) high when planted, providing a
year round visual barrier, shall be planted and maintained along the side and rear lot lines
of all mobile home sites.
.7
Mobile Home Park Planting Area/Visual Screening
A Planting Area/Visual Screening shall be provided around a mobile home park as per
Section 3.15.
.8
Site Plan Control
A mobile home park may be subject to Site Plan Control as per the Planning Act RSO 1990
Mobile Home Park Residential (MHP)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
146
MARCH 25, 2013
-
10.5
SPECIAL PROVISIONS
Hamlet Commercial (HC)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
147
MARCH 25, 2013
SECTION 11 - HAMLET COMMERCIAL (HC)
-
11.1
SCOPE
The provisions of Section 11 apply only on lands designated 'Hamlet' or 'Secondary Urban
Area' on Schedule 'A': Land Use of the County of Bruce Official Plan.
-
11.2
USES PERMITTED
No person shall within the 'Hamlet Commercial (HC)' zone use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following uses:
(a)
Residential Uses
-
Dwelling, Accessory Apartment in accordance with Section 3.8.1 exclusively
for the use of the owner or a manager of a 'Hotel/Motel'.
-
Dwelling, single detached existing at the date of passage of this By-Law in
accordance with Section 8 - Hamlet Residential (HR) Zone provisions.
-
Home Occupation - Domestic and Professional Uses in accordance with Section
3.9 [in a Dwelling, Single detached only].
-
Home Occupation - Bed & Breakfast Establishment in accordance with Section
3.10 [in a Dwelling, single detached only].
(b) Non-Residential Uses
- Assembly Hall
- Automobile Gas Bar
- Automobile Repair
Establishment
- Automobile Sales
Establishment
- Automobile Service Station
- Business or Professional
Office
- Child Care Centre
- Fitness Centre
- Hotel/Motel
- Laundromat
- Marine, Recreation and
Small Engine
Establishments
- Personal Service Establishment
- Public Park
- Parking Lot
- Public Park
- Restaurant
- Restaurant, Take-Out
- Restaurant, Portable Food Outlet
- Retail Store under 139 m2 (1500 ft2) in
'Retail Floor Area'
- Travel Trailer Sales Establishment
- Veterinary Clinic - Small Animal
- Video Outlet/Rental Establishment
- Buildings, structures and uses accessory
to a permitted use in accordance with
Section 3.6
Hamlet Commercial (HC)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
148
MARCH 25, 2013
-
11.3
ZONE PROVISIONS
No person shall within any 'Hamlet Commercial (HC)' zone use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
Provisions
Lots with Municipal Water
Lots with No Municipal Water
Minimum Lot Area
0.328 hectares (0.81 ac)
0.5 hectares (1.24 ac)
Minimum Lot Frontage
30 metres (100 ft)
Minimum Front Yard or
Exterior Side Yard
7.5 metres (25 ft)
Minimum Side Yard
5 metres (16.5 ft)
Minimum Rear Yard
10 metres (33 ft)
Maximum Building Height
Main Building
10 metres (33 ft)
Maximum Lot Coverage
30%
20%
-
11.4
ADDITIONAL PROVISIONS -Gasoline Pumps, Natural Gas and Propane Facilities
.1
Minimum setbacks for gasoline pumps, natural gas and/ or propane facilities
All gasoline pumps, natural gas and/ or propane facilities shall be setback a minimum of
7.5 metres (25 ft) from the curbing of the pump island to the street line.
.2 Entry Ramps
Notwithstanding the provisions of Section 3.26, there shall be no more than one entry
ramp for each 15 metres (50 ft) of street frontage and the width of any entry ramp shall
not exceed 9 metres (30 ft) at the street line.
.3 Minimum Front or Exterior Side Yard
Notwithstanding the provisions of Section 11.3, the minimum front or exterior side yard
shall be 15 metres (50 ft).
.4 Surfacing
Notwithstanding the provisions of Section 3.26 the surfaces of all ramps, driveways,
service areas and off-street loading areas shall be surfaced with a capped, hard top
substance such as asphalt, or other stable surface treated to prevent the raising of dust
and/or loose particles.
-
11.5
OFF-STREET PARKING REGULATIONS
Notwithstanding the minimum number of off-street parking spaces required by Section
3.26.1, where a dwelling is located in a non-residential building, a minimum of one
parking space shall be provided for each dwelling contained therein on site.
Hamlet Commercial (HC)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
149
MARCH 25, 2013
-
11.6
SPECIAL PROVISIONS
Municipality of Brockton By-Law 2022-168 (204 Cargill Rd, PLAN 237 PT LOT 1 LOT 2 (Brant)
Municipality of Brockton, Roll Number 410434000404300)
.1
Notwithstanding their 'HC' Zoning designation, those lands delineated as 'HC-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'HC' Zone provisions
contained in this By-law, excepting however, that:
i)
The existing lot area and frontage as it existed on November 29, 2022 is
recognized and permitted to be the minimum lot area and frontage for a lot on
private services
Township of Brant By-Law #87-1090 (Lang's - Part Lot 56, Plan 150, Elmwood)
.2
Notwithstanding their 'HC' Zoning designation, those lands delineated as 'HC-2' on
Schedule 'A' shall only be used for the purposes of a 'Trades Person's Shop' as it existed
on the date of passage of this By-Law, and in accordance with the 'HC' Zone provisions
contained in this By-Law.
Township of Brant By-Law #81-855 (Lot 34, Concession 10, Elmwood)
.3
Notwithstanding their 'HC' Zoning designation, those lands delineated as 'HC-3' on
Schedule 'A' shall only be used for the purposes of a 'Farm Implement Establishment' as
it existed on the date of passage of this By-Law, and in accordance with the 'HC' Zone
provisions contained in this By-Law.
Municipality of Brockton By-Law #2001-37 (Bard - Part of Lot 68, Part Lot 69, Plan 258, Elmwood)
.4
Notwithstanding their 'HC' Zoning designation, those lands delineated as 'HC-4-H' on
Schedule 'A' shall be used in accordance with the 'HC' Zone provisions contained in this
By-Law, excepting however that:
i.
The 'Non-Residential Uses' shall be limited to a 'Convenience Store', 'Retail Store',
'Personal Service Establishment', and a 'Business or Professional Office'.
ii. The 'maximum retail floor area per non-residential use' shall be limited to no more
than 37.16 m2 (400 ft2);
iii. 'Section 3.15 Planting Area/Visual Screening' shall not apply;
iv. The 'minimum side yard' along the north side lot line shall be no less than 4.4 metres;
v. The 'minimum front yard' shall be no less than 7.6 metres;
vi. The 'minimum lot frontage' shall be no less than 23.7 metres (78 ft);
vii. The 'minimum lot area' shall be no less than 724.62 m2 (7800 ft2).
viii. The 'H - Holding' provision may be removed once the following condition has been
met:
a. A statement from the Municipality indicating that a satisfactory 'cash-in-lieu' of
parking arrangement has been made with the owner(s) of the subject lands.
Municipality of Brockton By-law #2011-54 (Scott - Part of Lot 19, Concession B, Eden Grove)
.5
Notwithstanding their 'HC' Zoning designation, those lands delineated as 'HC-5' on
Hamlet Commercial (HC)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
150
MARCH 25, 2013
Schedule 'A' to this By-law shall be used in accordance with the 'HC' Zone provisions
contained in this By-law, excepting however, that:
i.
Uses permitted shall be limited to an 'automobile wrecking yard'.
Municipality of Brockton By-law #2011-86 (Scott - Part of Lot 19, Concession B, Eden Grove)
.6
Notwithstanding their 'HC' Zoning designation, those lands delineated as 'HC-6' on
Schedule 'A' to this By-law shall be used in accordance with the 'HC' Zone provisions
contained in this By-law, excepting however, that:
i.
Uses permitted shall be limited to 'landscaped open space'.
Municipality of Brockton By-law 2021-105 (McKague Z-2021-038 - 203 CARGILL ROAD - CON
A PT LOT 23 RP 3R7834;PART 1 2 AND 3 WITH ROW, BRANT)
.7
Notwithstanding their 'HC' Zoning designation, those lands delineated as 'HC-7-H' on
Schedule 'A' to this By-law shall be used in accordance with the 'HC' Zone provisions
contains in this By-law, excepting however, that:
i)
'Dwelling, Accessory Apartment' shall be a permitted residential use, however this
use shall not be permitted until the 'H' Holding provisions are removed, and the 'H'
Holding provisions shall only be removed by Council when:
1. It has been demonstrated to the satisfaction of the Municipal Zoning Administrator
and the Saugeen Valley Conservation Authority that development and site
alteration on the property can occur outside the natural hazards associated with
the Teeswater River, or that mitigation can be provided in accordance with
provincial standards where appropriate;
2. It has been demonstrated to the satisfaction of the Municipal Zoning Administrator
and the Saugeen Valley Conservation Authority that the site has safe access
appropriate for the nature of the development and the natural hazards associated
with the Teeswater River;
3. It has been demonstrated to the satisfaction of the Municipal Zoning Administrator
and the Saugeen Valley Conservation Authority that off-site parking can be
provided, and that agreements relating to the provision of parking are in place
between the property owner and external landowners to the satisfaction of the
Municipal Zoning Administrator; and
4. It has been demonstrated to the satisfaction of the Saugeen Ojibway Nation that
an Archaeological Assessment is not required. If an Archaeological Assessment is
required, the assessment shall be:
a)
Conducted by an archaeologist licensed in the Province of Ontario;
b)
Confirmed by the appropriate Ministry to have been accepted into the
Ontario Public Register of Archaeological Reports; and
Hamlet Commercial (HC)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
151
MARCH 25, 2013
c)
Confirmed to the satisfaction of the Municipal Administrator that the
recommendations of the Archaeological Assessment (if any) have been
implemented.
ii)
Upon removal of the 'H' Holding provisions per clause i) above, the following
provisions shall apply:
1. No more than five 'Dwelling, Accessory Apartment' units shall be permitted; and
2. Notwithstanding Section 3.8.1.2, the minimum 'Dwelling' 'floor area, gross' shall
be 23 m2 for a dwelling consisting of a single room; and
iii) Buildings and structures existing as of August 10, 2021 which do not comply with
the provisions of the By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of the By-law.
Travel Trailer Park and Campground (TTP)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
152
MARCH 25, 2013
SECTION 12 - TRAVEL TRAILER PARK AND CAMPGROUND (TTP)
-
12.1
SCOPE
The provisions of Section 12 shall generally apply to lands designated as 'Recreation &
Open Space' on Schedule 'A' - Land Use of the Walkerton Community Official Plan or
designated as 'Travel Trailer Park and Commercial Campground Area' on Schedule 'A':
Land Use of the County of Bruce Official Plan.
-
12.2
USES PERMITTED
No person shall within a 'Travel Trailer Park and Campground (TTP)' zone use any lot or
erect, alter or use any building or structure for any purpose except one or more of the
following uses.
a) Residential Uses
-
'Dwelling, Accessory Detached' in accordance with Section 3.8.2 exclusively for
the use of the owner or a caretaker.
b) Non-Residential Uses
-
Campground
-
12.3
ZONE PROVISIONS
No person shall within any 'Travel Trailer Park and Campground (TTP)' zone use any lot
or erect, alter or use any building or structure except in accordance with the following
provisions:
Provisions
Non-Residential Uses
Minimum Lot Area Campground
2 hectares (5 ac)
Maximum Lot Area Campground
12 hectares (30 ac)
Minimum Lot Frontage Campground
60 metres (197 ft)
Minimum Set Back All Uses - All Lot Lines
7.5 metres (25 ft)
Minimum Area of Campsite
235 m2 (2530 ft2)
Minimum Width of Campsite
15 metres (49 ft)
Maximum Density of Campsites
per Campground
30 campsites per hectare
(12 campsites per acre)
Maximum Number of Campsites
per Campground
300
Minimum Open Space per Campground
17%
Travel Trailer Park and Campground (TTP)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
153
MARCH 25, 2013
-
12.4
ADDITIONAL PROVISIONS - TRAVEL TRAILER PARK AND CAMPGROUND
.1
Access & Roads
Each campsite within a Travel Trailer Park and Campground shall be located on an internal
access road which shall have a dust free surface and shall be a minimum travelled width
of 4 metres (13 ft) for one-way traffic and 6 metres (20 ft) for two-way traffic flow.
.2
Services
The Travel Trailer Park and Campground shall provide a communal or municipal water
system, appropriate sewage disposal facilities, solid waste disposal, storm drainage,
telephone and road maintenance.
.3
Parking
Each campsite shall be provided with one car parking space and visitor parking shall be
provided on the basis of one space for every three (3) campsites.
.4
Campsite Planting Area
A planting area having a minimum width of 1 metre (3 ft) and consisting of a dense screen
of shrubs and evergreen trees, minimum 1 metre (3 ft) high when planted shall be planted
and maintained along the side and rear of all campsites.
.5
Travel Trailer Park and Campground Planting Area/Visual Screening
A Planting Area/Visual Screening shall be provided around a mobile home park as per
Section 3.15.
.6
Site Plan Control
A Travel Trailer Park and Campground may be subject to Site Plan Control as per the
Planning Act RSO 1990.
-
12.5
SPECIAL PROVISIONS
Commercial Zones (C1, C2, C3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
154
MARCH 25, 2013
SECTION 13 - COMMERCIAL ZONES (C1, C2 & C3)
-
13.1
SCOPE
The provisions of the 'Central Business District (C1)' zone shall generally apply to lands
designated 'Historic Walkerton', the provisions of the 'Transition Commercial (C2)' zone
shall generally apply to lands designated 'Community Core' and the provisions of the
'Highway Commercial (C3)' zone shall generally apply to lands designated 'Highway
Commercial' on Schedule 'A' - Land Use Plan for the Walkerton Community Official Plan.
-
13.2
USES PERMITTED
No person shall within a 'Central Business District (C1)' zone, 'Transition Commercial (C2)'
zone or 'Highway Commercial (C3)' zone use any lot or erect, alter or use any building or
structure for any purpose except the following:
RESIDENTIAL PERMITTED USES
Central Business
District (C1)
Transition
Commercial (C2)
Highway
Commercial (C3)
'Dwelling,
Single
Detached'
existing at the date of passing of
this By-Law as per Section 7.3
Provisions of the 'R1' & 'R2'
Zones
'Home
Occupation-
Domestic
and
Professional
Use'
in
a
Dwelling,
Single
Detached
existing at the date of passing of
this By-Law and as per Section
3.9
'Home Occupation - Bed &
Breakfast Establishment' in a
'Dwelling,
Single
Detached'
existing at the date of passing of
this By-Law and as per Section
3.10
'Dwelling, Accessory Apartment'
as per Section 3.8.1
Accessory Buildings & Structures
as per Section 3.6
'Home Child Care' in a 'Dwelling,
Single Detached' existing at the
date of passing of this by-law as
Commercial Zones (C1, C2, C3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
155
MARCH 25, 2013
per Section 7.3 Provisions of the
'R1' and 'R2' Zones.
'Unlicensed Child Care' in a
'Dwelling,
Single
Detached'
existing at the date of passing of
this By-Law as per Section 7.3
Provisions of the 'R1' and 'R2'
Zones.
NON-RESIDENTIAL PERMITTED USES
Central Business
District (C1)
Transition
Commercial (C2)
Highway
Commercial (C3)
Accessory Buildings & Structures
as per Section 3.6
Artisan Studio
Not Permitted
Assembly Hall
Not Permitted
Automobile Car Wash
Not Permitted
Automobile Gas Bar
Not Permitted
Automobile Sales Establishment
Not Permitted
Automobile Service Station
Not Permitted
Bus Depot
Not Permitted
Not Permitted
Business or Professional Office
Not Permitted
Clinic
Not Permitted
Commercial Motor Vehicle
Repair Establishment
Not Permitted
Not Permitted
Commercial Motor Vehicle Sales
Establishment
Not Permitted
Not Permitted
Convenience Store
Not Permitted
Child Care Centre
Not Permitted
Fitness Centre
Not Permitted
Funeral Home
Garden Centre
Not Permitted
Hotel/Motel
Parking Lot
Personal Service Establishment
Not Permitted
Place of Entertainment
Public Building
Not Permitted
Public Utility Building
Not Permitted
Public Park
Recreation Centre
Commercial Zones (C1, C2, C3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
156
MARCH 25, 2013
Recycling Depot
Not Permitted
Rental Establishment
Not Permitted
Not Permitted
Restaurant
Restaurant, Take-Out
Retail Store
Not Permitted
Retail, Large Format
Not Permitted
Not Permitted
Service Establishment
Tavern
Not Permitted
Veterinary Clinic - Small Animal
-
13.3
ZONE PROVISIONS
No person shall within the 'C1', 'C2' or 'C3' zones use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
Zone Provisions: Connected to Municipal Water and Municipal Sewer Service
Central Business
District (C1)
Transition
Commercial (C2)
Highway Commercial
(C3)
Minimum Lot Area
465 m2 (5,005 ft2)
465 m2 (5,005 ft2)
2,000 m2 (21,529 ft2)
Minimum Lot Frontage
15 metres (50 ft)
15 metres (50 ft)
30 metres (98 ft)
Minimum Front Yard
0 metres (0 ft)
6 metres (20 ft)
7.5 metres (25 ft)
Minimum Exterior
Side Yard
0 metres (0 ft)
6 metres (20 ft)
7.5 metres (25 ft)
Minimum Interior
Side Yard
0 metres (0 ft)
1.2 metres (4 ft)
3 metres (10 ft) (c)
Minimum Rear Yard
6 metres (20 ft) (a)
7.5 metres (25 ft)
7.5 metres (25 ft)
Maximum Building
Height - 'Main Building'
10 metres (33 ft)
10 metres (33 ft)
10 metres (33 ft)
Maximum Lot Coverage
Not Applicable
40%
50%
Landscaped Open Space
Not Applicable
As per Section 3.16 Landscaped Open Space
Open Storage & Outdoor
Display
As per Section 3.17 Open Storage & Outdoor Display Areas
Planting Area/Visual
Screening
Not Applicable
As per Section 3.15 Planting Area/Visual Screening
Explanatory Note:
All uses in the C1, C2 and C3 zones may be subject to Site Plan Control. You are required to
consult with the Municipality for site plan control requirements prior to requesting a building
permit.
Commercial Zones (C1, C2, C3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
157
MARCH 25, 2013
Footnotes
(a) Where the Rear Yard of a 'C1' zone abuts a lane or parking lot, the minimum rear yard may
be reduced to 1.5 metres (5 ft).
(b) Where the Interior Side Yard of a 'C1' zone abuts a Residential, Open Space or Institutional
Zone, the following restrictions shall apply:
(i) the minimum side yard requirement for the abutting side yard within the Commercial
Zone shall be 3 metres (10 ft);
(ii) no open storage or outdoor display shall be permitted in the abutting side yard within the
Commercial Zone.
(c) Where the Interior Side Yard of a 'C3' zone abuts a residential use or residential zone, the
minimum Interior Side Yard requirement shall be 7.5 metres (25 ft).
-
13.4
ADDITIONAL PROVISIONS - Automobile Gas Bars & Automobile Service Stations
.1
Minimum setbacks for gasoline pumps, natural gas and/ or propane facilities
All gasoline pumps, natural gas and/ or propane facilities shall be setback a minimum of
7.5 metres (25 ft) from the curbing of the pump island to the street line.
.2 Entry Ramps
Notwithstanding the provisions of Section 3.26, there shall be no more than one entry
ramp for each 15 metres (50 ft) of street frontage and the width of any entry ramp shall
not exceed 9 metres (30 ft) at the street line.
.3 Minimum Front or Exterior Side Yard
Notwithstanding the provisions of Section 13.3, the minimum front or exterior side yard
shall be 15 metres (50 ft).
.4 Surfacing
Notwithstanding the provisions of Section 3.26 the surfaces of all ramps, driveways,
service areas and off-street loading areas shall be surfaced with a capped, hard top
substance such as asphalt, or other stable surface treated to prevent the raising of dust
and/or loose particles.
-
13.5
SPECIAL PROVISIONS - C1
Town of Walkerton By-law #92-35
.1
Notwithstanding their 'C1' Zoning designation, those lands delineated as 'C1-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'C1' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be 'accessory apartments' in part of a 'hotel/motel', in addition
to all other permitted uses in the 'C1' zone; and,
ii. Minimum floor area, gross per dwelling unit shall be no less than 35 sq. metres.
Town of Walkerton By-law #92-35
Commercial Zones (C1, C2, C3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
158
MARCH 25, 2013
.2
Notwithstanding their 'C1' Zoning designation, those lands delineated as 'C1-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'C1' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be a 'group home - type one'; and, 'dwelling, single detached'
existing at the date of passing of this By-law in addition to all other permitted uses in
the 'C1' zone; and,
ii. Minimum side yard for an accessory building shall be no less than 0.15 metres.
Municipality of Brockton By-law #99-33 (Young, Part of Lot 73 North Side of Cayley Plan 7,
Walkerton)
.3
Notwithstanding their 'C1' Zoning designation, those lands delineated as 'C1-3' on
Schedule 'A' to this By-law shall be used in accordance with the 'C1' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to a 'business or professional office' and one (1)
'dwelling, accessory apartment';
ii. Minimum lot area shall be no less than 510 m2;
iii. Minimum front yard shall be no less than 4.6 metres;
iv. Minimum exterior side yard shall be no less than 5.2 metres; and,
v. Minimum rear yard shall be no less than 4.3 metres.
.4 By-law # 2015-085 - Jim McArthur Windows & Doors (28 Durham St. West)
Notwithstanding their 'C1' Zoning designation, those lands delineated as 'C1-4' on
Schedule 'A' to this By-law shall be used in accordance with the 'C1' Zone provisions
contained in this By-law, excepting however that:
i.
Retail, Large Format;
ii. An Automobile repair establishment;
iii. For the purposes of this by-law, an automobile repair establishment shall be defined
as follows:
"An automobile repair establishment means a building and/or lot used for the
servicing, repair, cleaning, polishing and general maintenance of motor vehicles,
including light trucks, and may include motor vehicle repair, the interior and/or
exterior display and sale of up to five (5) new or used motor vehicles as well as a
motor vehicle inspection station, but shall not include any other automobile use
defined in By-Law 2013-26;
iv. Any products used in the maintenance and repair of motorized vehicles shall be
stored in accordance with the applicable provisions of the Ministry of Environment
and Climate Change's (MOECC) 'Environmental Protection Measures at Chemical
Waste Storage Facilities;
v. In addition to the MOECC requirements, all products used in the maintenance of
motor vehicles shall be stored indoors in sealed containers, a minimum of 1.25
metres above the ground floor level of the principal building, and disposed of in
accordance with provincial and municipal by-law requirements;
vi. Prior to receiving an occupancy certificate under Section 34(6) of the Planning Act,
Commercial Zones (C1, C2, C3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
159
MARCH 25, 2013
for the use of any portion of the land or building for an automotive repair
establishment, the following provisions must be met, notwithstanding Section
3.32(2) of Zoning By-Law 2013-26:
a) All floor drains have been sealed or connected to a retention/separator tank
or similar engineered system;
b) Notification to the Municipality of Brockton that a Ministry of Environment
and Climate change approved carrier, licensed to dispose of materials from
the separator noted in (vi)a) has been retained for the site; and,
c) All products used in the maintenance of motor vehicles shall be stored
indoors in seals containers, a minimum of 1.25 metres above the ground
floor level of the principal building, and disposed of in accordance with
provincial and municipal by-law requirements.
.5 By-law # 2019-028 Heritage Seniors (150 McNab Street)
1.0 That Schedule 'A' to By-Law No. 2013-26, as amended, is further amended by
changing the zoning on lands described as Pt Lot 24, N Cayley St, Plan 7; Part Lots
52 and 53 and River Bed, Plan 7; (Parts 2, 3, 10, 11, 14, and 15, Plan 3R-7946),
Geographic Town of Walkerton, Municipality of Brockton, (150 McNab St) from
Central Business District Cl to Cl-7, as established on Schedule 'A' attached to
this By-Law;
2.0 Uses permitted in the Cl-7 zone are those uses permitted in the Urban
Residential R2 zone and in addition, the extent of the residential use shall be
limited as follows:
i.
Townhouse units, maximum: 4 units;
ii. Semi-detached units, maximum: 2 units (1 building);
3.0 Zone Provisions that shall apply to the Cl-7 zone are the Zone Provisions that
apply to the R2 zone and in addition, the following provisions which shall prevail
in the event of conflict:
i.
Area of lot allocated to residential use, minimum: 3600 m 2
ii. Lot frontage: not applicable;
iii. Front yard, minimum: 6 m
iv. Rear yard, minimum: 4 m
v. Side Yard, minimum: 2.5 m to property boundary, 0 m elsewhere
vi. Coverage, maximum: 40%
vii. Basements shall not be permitted
Note:
i)
For the purpose of determining 'area of lot allocated to residential use' and
rear yard, the boundaries of the land zoned Cl-7 shall be used.
ii)
For the purpose of determining front yard, the closest edge of pavement
for the common driveway servicing the residential units shall be used.
Commercial Zones (C1, C2, C3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
160
MARCH 25, 2013
.6 Z-2020-007 Baptist Church By-law 2020-048
1.0 That Schedule 'A' to By-Law No. 2013-26, as amended, is hereby further amended by
changing the zoning symbol on PLAN 7 S PT LOTS 71 & 72;CAYLEY N/S Geographic
Town of Walkerton, Municipality of Brockton from Institutional (I) to Central Business
District Special (C1-8) as shown on Schedule 'A' attached hereto and forming a part of
this Bylaw.
2.0 That By-law No. 2013-26, as amended, is hereby further amended by adding the
following subsection to Section 13.5 thereof:
i.
Notwithstanding, the residential uses are permitted to exceed 50% of the total
ground floor area by +/-36 ft. sq.
ii. Notwithstanding Section 3.26, the proposed development is permitted to have a
reduction in parking requirements to six (6) parking spots.
Commercial Zones (C1, C2, C3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
161
MARCH 25, 2013
-
13.6
SPECIAL PROVISIONS - C2
Municipality of Brockton By-law #2001-23 (Children's Aid Society, Lots 24 and 25 and Part of
Lots 23, 26 and 27 Plan 176 and Part of Lot 27 Plan 473, Walkerton)
.1
Notwithstanding their 'C2' Zoning designation, those lands delineated as 'C2-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'C2' Zone provisions
contained in this By-law, excepting however, that:
i.
Residential uses shall be prohibited;
ii. Minimum interior side yard shall be no less than 4.4 metres;
iii. Minimum exterior side yard shall be no less than 7.6 metres;
iv. Minimum of 10% of the total lot area shall be Landscaped Open Space as per Section
3.16, in addition to Section 3.15; and,
v. All entrances to the property from Yonge Street shall be removed no later than
September 2004 and the lot frontage along Yonge Street shall be landscaped; and,
vi. All parking located along McGivern Street between the street line and 'Main Building'
shall be removed no later than September 2004 and the area shall be landscaped.
Municipality of Brockton By-law #2008-54 (Spitzig, Lot 23 Plan 373, Walkerton)
.2
Notwithstanding their 'C2' Zoning designation, those lands delineated as 'C2-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'C2' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to a 'business or professional office' and a 'dwelling,
accessory apartment'; and,
ii. Accessory buildings and structures shall be subject to Section 3.6.3.1.
Commercial Zones (C1, C2, C3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
162
MARCH 25, 2013
-
13.7
SPECIAL PROVISIONS - C3
Municipality of Brockton By-Law 2017-066 (Frook, Part Lot 45, Plan 162, Walkerton) - deleted
Subsection 13.7.1 in its entirety and replaced with the following:
.1
Notwithstanding their 'C3' zoning designation, those lands delineated as 'C3-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'C3' zone provisions
contained in this By-law, excepting however that:
i)
In addition to the uses permitted in the 'C3' zone, the subject lands are further
permitted 'business or professional office'; an "industrial bakery"; and, a 'fitness
centre'; and,
ii)
A 'business or professional office' unrelated to a 'C3' use on the subject lands
shall not represent more than 35% of the 'floor area, gross' of a commercial
building, up to a maximum of 464.5 m2.
Municipality of Brockton (Superior Propane Inc., Lots 5 to 11 Plan 113, Walkerton)
.2
Notwithstanding their 'C3' Zoning designation, those lands delineated as 'C3-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'C3' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to a 'bulk fuel depot';
ii. Section 14 General Provisions for Industrial Zones shall apply; and,
iii. 'BP1' zone provisions shall apply.
Municipality of Brockton (Trillcourt Investments Inc., Lots 14, 15,& 2 and Part of Lot 13 Plan 105
and Part of Robert Street, RP 3R-4386 Parts 1 & 2, RP 3R-5174 Part 1, Walkerton)
.3
Notwithstanding their 'C3' Zoning designation, those lands delineated as 'C3-3' on
Schedule 'A' to this By-law shall be used in accordance with the 'C3' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be a 'business or professional office' in addition to all other 'C3'
permitted uses.
Municipality of Brockton (Part of Park Lot V Plan 88 being Parts 1 & 2 on RP 3R-7722,
Walkerton)
.4
Notwithstanding their 'C3' Zoning designation, those lands delineated as 'C3-4' on
Schedule 'A' to this By-law shall be used in accordance with the 'C3' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be a 'public building' in addition to all other 'C3' permitted uses.
Municipality of Brockton (various properties, Walkerton)
.5
Notwithstanding their 'C3' Zoning designation, those lands delineated as 'C3-5' on
Schedule 'A' to this By-law shall be used in accordance with the 'C3' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be a 'trades person's shop' in addition to all other 'C3' permitted
uses.
Commercial Zones (C1, C2, C3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
163
MARCH 25, 2013
Town of Walkerton By-law #92-35 (Part Lot 25, Concession 3 SDR, former Brant - Petro Canada)
.6
Notwithstanding their 'C3' Zoning designation, those lands delineated as 'C3-6' on
Schedule 'A' to this By-law shall be used in accordance with the 'C3' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to a 'bulk fuel depot;
ii. Section 14 General Provisions for Industrial Zones shall apply; and,
iii. 'BP1' zone provisions shall apply.
Municipality of Brockton By-law #2013-059 (Part Lot 25, Concession 3 SDR (Walkerton -
MorrowZ17/13)
.7
Notwithstanding their 'C3' zoning designation, on those lands delineated as 'C3-7' on
Schedule 'A' to this By-law, permitted uses shall include, in addition to the uses permitted
in the by-law:
i.
Building Supply and Sales, defined as:
"the use of land, building or structure for the sale, storage and/or display of goods,
merchandise or equipment used in building and construction but does not include
the sale of appliances, audio-visual equipment, home furnishings or furniture."
ii. Trades Persons Shop
Municipality of Brockton By-law #2024-106 (CON 3 SDR PT LOT 25 RP 3R658;PART 4PT
(Walkerton - Barry Z64)
.8
Notwithstanding their 'C3' Zoning designation, those lands delineated as 'C3-8' on
Schedule 'A' to this By-law, shall be use din accordance with the 'C3' Zone provisions
contained in this By-law excepting however that:
iv) A "business or professional office", "trades person's shop", and "retail store" are
permitted in addition to the general uses of the Highway Commercial (C3) Zone.
General Provisions for Industrial Zones (BP1, BP2, M1, M2, M3, HI, ACI, RCI)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
164
MARCH 25, 2013
SECTION 14 - GENERAL PROVISONS FOR INDUSTRIAL ZONES (BP1, BP2, HI, M2, ACI, RCI)
-
-
-
-
-
-
14.1
Accessory Buildings & Structures
Accessory Buildings & Structures shall be located as per Section 3.6.
-
14.2
Parking Requirements
Parking requirements shall be determined as per Section 3.26.
-
14.3
Loading Requirements
Loading requirements shall be determined as per Section 3.27.
-
14.4
Water and Sewer Services
All Business Park 1 (BP1), Business Park 2 (BP2), Light Industrial (M1) and Heavy Industrial
(M2) uses shall be connected to a municipal water and municipal sewer system where
available.
-
14.5
Planting Area/Visual Screening
Planting Area/Visual Screening shall be provided as per the requirements of Section 3.15.
-
14.6
Landscaped Open Space
Landscaped Open Space shall be provided as per the requirements of Section 3.16.
-
14.7
Open Storage & Outdoor Display
Open Storage & Outdoor Display shall be provided as per the requirements of Section
3.17.
-
14.8
Provincial or County Street Right-of-Way Setbacks
Provincial or County Street Right-of-Way Setbacks shall be provided as per the
requirements of Section 3.23.
-
14.9
Multiple Buildings on One Lot
In an Industrial Zone more than one 'Main Building' or structure shall be permitted on a
lot provided that all other provisions of this By-law are adhered to.
Explanatory Note:
Developments in an Industrial zone may be subject to site plan control, which
requires submission and approval of a site plan prior to issuance of a building permit.
You are required to consult with the Municipality prior to submission of a building
permit application.
General Provisions for Industrial Zones (BP1, BP2, M1, M2, M3, HI, ACI, RCI)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
165
MARCH 25, 2013
-
14.10 Offices Accessory to a Permitted Use
A business office(s) serving the principle use(s) on a lot shall be permitted.
-
14.11 Buffer on Lands Adjoining Industrial or Residential Uses/ Zones
Buffers shall be provided as per the requirements of Section 3.3.
-
14.12 All Outside Fuel Storage & Re-fuelling
The surfaces of all ramps, service areas, off-street loading areas used for fuel storage
and/or re-fuelling shall be surfaced with a capped, hard top substance such as asphalt,
or other stable surface treated to prevent the seepage of any spilled fuel and/or other
potential hazardous materials.
-
14.13 Minimum setbacks for gasoline pumps, natural gas and/ or propane facilities
All gasoline pumps, natural gas and/ or propane facilities shall be setback a minimum of
7.5 metres (25 ft) from the curbing of the pump island to the street line.
Urban Industrial Zones (BP1, BP2, M1, M2)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
166
MARCH 25, 2013
SECTION 15 - URBAN INDUSTRIAL ZONES (BP1, BP2, M1, M2)
-
15.1
SCOPE
The provisions of the 'Business Park (BP1)' and 'Light Industrial (M1)' Zones shall generally
apply to lands designated 'Business Park 1' and the provisions of 'Business Park 2 (BP2)'
and 'Heavy Industrial (M2)' Zones shall generally apply to lands designated 'Business Park
2' on Schedule 'A' - Land Use Plan for the Walkerton Community Official Plan.
-
15.2
USES PERMITTED
No person shall within a 'Business Park 1 (BP1)' Zone, 'Business Park 2 (BP2)' Zone, 'Light
Industrial (M1)' Zone or 'Heavy Industrial (M2)' Zone use any lot or erect, alter or use
any building or structure for any purpose except the following:
Light
Industrial
(M1)
Business Park
1 (BP1)
Heavy
Industrial
(M2)
Business Park
2 (BP2)
Residential Uses
Not Permitted
Assembly Hall
Not Permitted
Not Permitted
Not Permitted
Bulk Fuel Depot
Not Permitted
Not Permitted
Not Permitted
Bulk Sales Establishment
- Agriculture
Commercial Motor
Vehicle
Repair Establishment
Commercial Motor
Vehicle
Sales Establishment
Commercial College
Not Permitted
Not Permitted
Not Permitted
Computer/Data
Processing Centre
Not Permitted
Not Permitted
Not Permitted
Contractor's Yard
Factory Sales Outlet
Farm Implement
Establishment
Not Permitted
Urban Industrial Zones (BP1, BP2, M1, M2)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
167
MARCH 25, 2013
Hotel/Motel
Not Permitted
Not Permitted
Not Permitted
Industrial Use
Not Permitted
Not Permitted
Industry, Light
Marine, Recreation and
Small Engine
Establishment
Place of Entertainment
Not Permitted
Not Permitted
Not Permitted
Public Building
Not Permitted
Not Permitted
Not Permitted
Public Garage
Public Park
Not Permitted
Not Permitted
Public Utility Building
Recycling Centre
Not Permitted
Not Permitted
Recycling Depot
Not Permitted
Not Permitted
Rental Establishment
Not Permitted
Not Permitted
Retail, Large Format
Not Permitted
Not Permitted
Not Permitted
Technology Industry
Not Permitted
Not Permitted
Trades Persons' Shop
Transport Depot
Not Permitted
Not Permitted
Travel Trailer Sales
Establishment
Not Permitted
Not Permitted
Not Permitted
Warehouse
Warehouse, Mini Storage
Veterinary Clinic
Not Permitted
Not Permitted
Veterinary Clinic - Small
Animal
Not Permitted
Not Permitted
Not Permitted
Funeral Home
Not Permitted
Not Permitted
Not Permitted
Automobile Car Wash
Not Permitted
Not Permitted
Not Permitted
Automobile Gas Bar
Not Permitted
Not Permitted
Not Permitted
Urban Industrial Zones (BP1, BP2, M1, M2)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
168
MARCH 25, 2013
Automobile Repair
Establishment
Not Permitted
Not Permitted
Not Permitted
Automobile Sales
Establishment
Not Permitted
Not Permitted
Not Permitted
Automobile Service
Station
Not Permitted
Not Permitted
Not Permitted
Restaurant
Not Permitted
Not Permitted
Not Permitted
Research Establishment /
Laboratory
Not Permitted
Not Permitted
Fitness Centre
Not Permitted
Not Permitted
Not Permitted
Business or Professional
Office (see Footnote 15.3
(c))
Not Permitted
Not Permitted
-
15.3
ZONE PROVISIONS
No person shall within a 'Business Park 1 (BP1)' zone, 'Business Park 2 (BP2)' zone, 'Light
Industrial (M1)' zone or 'Heavy Industrial (M2)' zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
Provisions: Connected to Municipal Water and Municipal Sewer Service
Light
Industrial
(M1)
Business
Park 1
(BP1)
Heavy
Industrial
(M2)
Business
Park 2
(BP2)
Minimum Lot Area
750 m2
8,073 ft2
1,100 m2 (11,841 ft2)
Minimum Lot Frontage
30 metres (98 ft)
30 metres (98 ft)
Minimum
Front Yard
and Exterior
Side Yard
(i) Abutting A Planned
Development, Residential
or Institutional zone or a
residential or institutional
use
6 metres (20 ft)
18 metres (59 ft)
(ii) All other cases
9 metres (29.5 ft)
Urban Industrial Zones (BP1, BP2, M1, M2)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
169
MARCH 25, 2013
Minimum
Interior Side
Yard (see
Footnote (a)
and (b))
(i) Abutting a Planned
Development, Residential
or Institutional zone or a
residential or institutional
use
(ii) All other uses
7.5 metres (25 ft)
4 metres (13 feet) one
side and 1.2 metres (4
feet) other side
10 metres (33 ft)
4 metres (13 feet) one
side and 1.2 metres (4
feet) other side
Minimum
Rear Yard
(i) Abutting a Planned
Development, Residential
or Institutional zone or a
residential or institutional
use
7.5 metres (25 ft)
15 metres (49 ft)
(ii) All other cases
7.5 metres (25 ft)
Maximum Lot Coverage
75%
65%
Maximum
Building
Height
(i) Within 20 metres (66ft)
of a Residential or
Institutional zone or use
11 metres (36 ft)
(ii) All other cases
22 metres (72 ft)
Footnotes
(a)
For a 'Bulk Fuel Depot', the Minimum Interior Side Yard for all fuel storage areas and/or
pumps shall be no less than 7.5 metres (25 ft).
(b)
When any portion of a main building is greater than 12 metres (40 ft) in height, the
Minimum Interior Side yard and Minimum Rear Yard setbacks shall be increased by 0.5
metres (1.6 feet) for every metre over 12 metres (40 ft).
(c)
Business or Professional Offices minimum size 371.6 m2 (4,000 ft2)
-
15.4
SPECIAL PROVISIONS - M1
Urban Industrial Zones (BP1, BP2, M1, M2)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
170
MARCH 25, 2013
-
15.5
SPECIAL PROVISIONS - BP1
Municipality of Brockton By-law #2012-90 (Brockton Municipal Complex - Part of Lots 32 to 35,
Concession 1 NDR being Part of Part 2 on RP 3R-1885, Part of Parts 2 and 3 on RP 3R-2778 and
Part 4 on RP 3R-2758, Brant and Part of Park Lots 47 and 48 Plan 162, Walkerton)
.1
Notwithstanding their 'BP1' Zoning designation, those lands delineated as 'BP1-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'BP1' Zone provisions
contained in this By-law, excepting however, that:
i)
Uses permitted shall include a 'municipal complex' in addition to uses permitted
in the BP1-2 Zone; and,
.2
Notwithstanding their 'BP1' Zoning designation, those lands delineated as 'BP1-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'BP1' Zone provisions
contained in this By-law, excepting however, that:
i)
Uses permitted shall be limited to: 'automobile sales establishment'; 'business or
professional office'; 'commercial college'; 'computer/data processing centre
'convenience store'; 'fitness centre'; 'funeral home'; 'garden centre'; 'hotel/motel';
'Place of Entertainment', 'restaurant'; 'restaurant, take-out'; 'research
establishment/ laboratory'; 'retail, large format'; 'service establishment';
'warehouse'; 'warehouse, mini storage'; 'rental establishment'; and, 'veterinary
clinic'.
By-Law 2018-034 - East Ridge Business Park - Part of Lots 32 -35, Concession 1 NDR, Part of
Park Lots 47 and 48, Plan 162 (being Parts 1-5, 3R-9462), geographic Town of Walkerton
.3
Notwithstanding the uses permitted in the 'BP1' zone under Section 15.2, the following
additional use shall be permitted on lands zoned 'BP1-2 - Business Park Special':
"Licensed Marihuana Growing Facility".
.4
BP1-3 Z54 165 Kincardine Highway (By-law 2020-114) (File # Z-2020-054)
a) Notwithstanding the uses permitted in the BP1 - Business Park 1 zone under Section 15.2,
the following additional uses shall be permitted on lands zoned BP1-3 - Business Park 1
Special: "Licensed Marihuana Growing Facility".
b) On lands zoned BP1-3 - Business Park 1 Special, the property owner shall enter into a Site
Plan Control Agreement that includes measures to limit the release of any odours to the
satisfaction of the Municipality of Brockton.
.5
BP1-4 Z51 Bedi (By-law 2020-115) (File # Z-2020-051)
a) Notwithstanding the uses permitted in the BP1 - Business Park 1 zone under Section 15.2,
the following additional use shall be permitted on lands zoned BP1-4 Business Park 1
Special: "Licensed Marihuana Growing Facility".
b) On lands zoned BP1-4 - Business Park 1 Special, the property owner shall enter into a Site
Urban Industrial Zones (BP1, BP2, M1, M2)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
171
MARCH 25, 2013
Plan Control Agreement that includes measures to limit the release of any odours to the
satisfaction of the Municipality of Brockton.
Z71 Brockton (By-law 2023-071) (File # Z-2023-071)
Notwithstanding their 'BP1' Zoning designation, those lands delineated as 'BP1-4' on Schedule
'A' to this By-law, shall be used in accordance with the 'BP1' Zone provisions contained in this
By-law excepting however that:
c) Uses permitted shall include a 'Wellness Centre' in addition to uses permitted in the BP1
Zone
d) For the purposes of this by-law, 'Wellness Centre' shall be defined as providing services
for consultation, diagnosis and/or treatment of persons for medical, therapeutic and
wellness purposes but shall not include overnight accommodation for in-patient care. It
shall also include an indoor turf field and walking track and permit facility rentals, events,
and tournaments.
By-law 2023-046 - Housekeeping - Part of CON 1 NDR PT LOTS 32; TO 34 RP 3R5161 PT PART
1 RP;3R7092 PT PART 1 RP3R10502; PART 1, and Part of CON 1 NDR PT LOTS 32 TO 35 PLAN
162 PT PARK LOTS 47 AND 48 RP 3R9442 PTPARTS 2 TO 5 RP 3R10640 PARTS 1 2 4 6 8 TO 10
24 42 TO 50 (Former Township of Brant).
.6
Notwithstanding their 'BP1' Zoning designation, those lands delineated as 'BP1-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'BP1' Zone provisions
contained in this By-law, excepting however, that:
i)
Uses permitted shall include a 'municipal complex' in addition to uses permitted in
the BP1-2 Zone; and,
.7
Notwithstanding their 'BP1' Zoning designation, those lands delineated as 'BP1-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'BP1' Zone provisions
contained in this By-law, excepting however, that:
Uses permitted shall be limited to: 'automobile sales establishment'; 'business or professional
office'; 'commercial college'; 'computer/data processing centre 'convenience store'; 'fitness
centre'; 'funeral home'; 'garden centre'; 'hotel/motel'; 'restaurant'; 'restaurant, take-out';
'research establishment/ laboratory'; 'retail, large format'; 'service establishment'; 'warehouse';
'warehouse, mini storage'; 'rental establishment'; and, 'veterinary clinic'.
-
15.6
SPECIAL PROVISIONS - M2
Urban Industrial Zones (BP1, BP2, M1, M2)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
172
MARCH 25, 2013
-
15.7
SPECIAL PROVISIONS - BP2
Hamlet Industrial (HI)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
173
MARCH 25, 2013
SECTION 16 - HAMLET INDUSTRIAL (HI)
-
16.1
SCOPE
The provisions of Section 16 shall apply only on lands designated 'Hamlet' or 'Secondary
Urban Area' on Schedule 'A': Land Use of the County of Bruce Official Plan.
-
16.2
USES PERMITTED
No person shall within the 'Hamlet Industrial (HI)' zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
(a) Residential Uses
-
'Dwelling, Accessory Apartment' in accordance with Section 3.8.1, exclusively
for the use of the owner or a caretaker. A 'Dwelling, Accessory Apartment'
shall not be permitted in association with a 'Bulk Fuel Depot', or 'Public
Garage'.
(b)
Non-Residential Uses
-
Agricultural Produce Warehouse
-
Bulk Fuel Depot
-
Bulk Sales Establishment -
Agricultural
-
Commercial Motor Vehicle Repair
Establishment
-
Industry, Dry
-
Farm Implement Establishment
-
Food Processing,
Primary and Secondary
-
Greenhouse, Commercial
-
Nursery
-
Public Garage
-
School Bus Storage
-
Trades Person's Shop
-
Veterinary Clinic
-
16.3
ZONE PROVISIONS
No person shall within any 'Hamlet Industrial (HI)' zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
Provisions
Non-Residential Uses
Minimum Lot Area
0.8 hectares (2.0 ac)
Minimum Lot Frontage
30 metres (98 ft)
Minimum Front Yard or Exterior Side Yard
15 metres (49.2 ft)
Minimum Side & Rear Yard
10 metres (33 ft)
Maximum Height - Main Building
10 metres (33 ft)
Maximum Lot Coverage
20%
Minimum Separation Distance from Accessory
Detached Dwelling
30 metres (98 ft)
Hamlet Industrial (HI)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
174
MARCH 25, 2013
-
16.4
SPECIAL PROVISIONS
Township of Greenock By-law #86-09 (Part of Lot 5, Concession 7, Greenock)
.1
Notwithstanding their 'HI' Zoning designation, those lands delineated as 'HI-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'HI' zone provisions
contained in this By-law, excepting however, that:
i.
Residential uses shall be prohibited
Agriculture Commercial Industrial (ACI)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
175
MARCH 25, 2013
SECTION 17- AGRICULTURE COMMMERCIAL INDUSTRIAL (ACI)
-
17.1
SCOPE
The provisions of Section 17 shall apply only on lands designated 'A - Agriculture' or 'R -
Rural' on Schedule 'A': Land Use of the County of Bruce Official Plan.
-
17.2
USES PERMITTED
No person shall within the 'Agriculture Commercial Industrial (ACI)' zone use any lot or
erect, alter or use any building or structure for any purpose except one or more of the
following uses:
(a) Residential Uses
-
'Dwelling, Accessory Apartment' in accordance with Section 3.8.1 or a 'Dwelling,
Accessory Detached' in accordance with Section 3.8.2, exclusively for the use of
the owner or a caretaker. A 'Dwelling, Accessory Apartment' or a 'Dwelling,
Accessory Detached' shall not be permitted in association with an 'Abattoir' or
'Livestock Assembly Yard'.
(b) Non-Residential Uses
- Abattoir
- Bulk Sales Establishment - Agricultural
- Farm Implement Establishment
- Feed Mill & Elevator
- Food Processing, Primary
- Livestock Assembly Yard
- Nursery
- Portable Asphalt Plant or Portable Concrete Plant
- Veterinary Clinic
- Wayside Pit or Wayside Quarry
-
17.3
ZONE PROVISIONS
No person shall within any 'Agriculture Commercial Industrial (ACI)' zone use any lot or
erect, alter or use any building or structure except in accordance with the following
provisions:
Provisions
Non-Residential Uses
Minimum Lot Area
0.8 hectares (2.0 ac)
Minimum Lot Frontage
30 metres (100 ft)
Minimum Front Yard
15 metres (49.2 ft)
Minimum Side Yard
10 metres (33 ft)
Minimum Rear Yard
10 metres (33 ft)
Maximum Height - main building
10 metres (33 ft)
Maximum Lot Coverage
20%
Minimum Separation Distance From Accessory
Detached Dwelling
30 metres (100 ft)
Agriculture Commercial Industrial (ACI)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
176
MARCH 25, 2013
-
17.4
SPECIAL PROVISIONS
Township of Brant By-Law #81-855 (Lot 64, Concession 1 SDR, former Brant - Saugeen Great
Escape)
.1
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-1' on
Schedule 'A' shall only be used for the purposes of a 'Motel' and 'Restaurant' as they
existed on the date of passage of this By-Law and in accordance with the 'ACI' Zone
provisions contained in this By-Law.
Township of Brant By-Law #84-1001, #87-1078 (Lot 5, Concession 2 SDR, former Brant)
.2
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-2' on
Schedule 'A' shall only be used for an 'Automobile Service Station'; an 'Automobile Sales
Establishment' and a 'Nursery' as they existed on the date of passage of this By-Law, and
in accordance with the 'ACI' Zone provisions contained in this By-Law.
Township of Brant By-Law #87-1095, #89-1042, #2001-13, #2003-12 (Part of Lot 15,
Concession 1 SDR, former Brant - Schaus Transport Limited)
.3
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-3' on
Schedule 'A' shall only be used for the purposes of a 'Commercial Motor Vehicle Repair
Establishment' and in accordance with the 'ACI' Zone provisions contained in this By-Law,
excepting however that:
i.
an 'Accessory Dwelling Detached' may be used by a tenant only until October 1, 2002
at which time the 'Accessory Dwelling Detached' shall be used only as the principle
residence for an owner, manager or caretaker of the permitted non-residential use.
ii. the 'minimum lot size' shall be no less than 2.4 hectares (5.8 acres); and
iii. the 'maximum lot coverage (private services)' shall not exceed 5.4%; and
iv. the washing of 'commercial motor vehicles' shall be limited to those 'commercial
motor vehicles' which are being serviced on-site or are owned and operated by
'Schaus Transport Limited' or its successors.
Township of Brant By-Law #86-1061 (Part Lot 6, Concession 2, former Brant - JC Welding)
.4
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-4' on
Schedule 'A' shall only be used for the following purposes:
- 'Farm Implement Establishment'
-
'Industrial Use, Dry'
-
'Bulk Sales Establishment - Agricultural'
as they existed on the date of passage of this By-Law, and in accordance with the 'ACI'
Zone provisions contained in this By-Law.
Township of Brant By-Law #95-1216 (Part Lot 2, Concession 'A', former Brant - L. Bester)
.5
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-5' on
Schedule 'A' shall only be used for the purposes of a 'Saw or Planing Mill' and uses
accessory thereto, as they existed on the date of passage of this By-Law, and in
accordance with the 'ACI' Zone provisions contained in this By-Law.
Township of Brant By-Law #84-991 (Part Lot 35, Concession 1 SDR, former Brant - Freiburger
Agriculture Commercial Industrial (ACI)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
177
MARCH 25, 2013
Welding and Machine Shop)
.6
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-6' on
Schedule 'A' shall only be used for the purposes of a 'Industrial Use, Dry' and/or 'Saw or
Planing Mill' as they existed on the date of passage of this By-Law, and in accordance with
the 'ACI' Zone provisions contained in this By-Law.
Township of Brant By-Law #86-1061(Part Lot 6, Concession 3 NDR, former Brant)
.7
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-7' on
Schedule 'A' shall only be used for the purposes of a Upholstery Repair Shop as it existed
on the date of passage of this By-Law, and in accordance with the 'ACI' Zone provisions
contained in this By-Law, excepting however that the minimum lot area shall be no less
than 2183.5 sq. metres (23,504 sq. ft.).
Township of Brant By-Law #96-1233, #93-1160 (Part Lot 16, Concession 1 SDR, former Brant -
Freiburger Transport)
.8
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-8' on
Schedule 'A' shall only be used for the purposes of a 'Commercial Motor Vehicle Repair
Establishment' and an 'Automotive Repair Establishment', as they existed on the date of
passage of this By-Law, and in accordance with the 'ACI' Zone provisions contained in this
By-Law.
Township of Brant By-Law #81-855 (Part Lot 4, Concession B, former Brant - Dunkeld Tavern)
.9
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-9' on
Schedule 'A' shall only be used for the purposes of a 'Restaurant' and 'Golf Course,
Miniature', as they existed on the date of passage of this By-Law, and in accordance with
the 'ACI' Zone provisions contained in this By-Law.
Township of Brant By-Law #81-855 (Lot 5-11, Plan 113, Walkerton - Superior Propane)
.10
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-10' on
Schedule 'A' shall only be used for the purposes of a 'Bulk Fuel Depot' and 'Trades
Person's Shop' as they existed on the date of passage of this By-Law, and in accordance
with the 'ACI' Zone provisions contained in this By-Law.
Township of Brant By-Law #81-155 (North Part Lot 35, Concession 1 SDR, former Brant - Brant
Drive-In)
.11
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-11' on
Schedule 'A' shall only be used for the purposes of a 'Take-Out Restaurant', as it existed
on the date of passage of this By-Law, and in accordance with the 'ACI' Zone provisions
contained in this By-Law.
Municipality of Brockton By-Law #2006-35 (Lot 9, Con 1 SDR, former Brant - Andy's Country
Repairs)
.12
Notwithstanding their 'ACI' zoning designation, those lands delineated as 'ACI-12-H' on
Schedule 'A' to this By-Law shall be used in compliance with the 'ACI' zone provisions
contained in this By-Law, excepting however that:
i)
Permitted uses shall be limited to an 'Automobile Wrecking Yard', 'Automobile
Agriculture Commercial Industrial (ACI)
MUNICIPALITY OF BROCKTON
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Repair Establishment' and 'Commercial Motor Vehicle Repair Establishment.
ii)
The 'H - holding' symbol may be removed once the following conditions have been
met:
1) A statement from a certified engineer stating that all floor drains which may become
contaminated with materials from the repair/servicing shops, and are not directly
connected to a new/existing domestic waste treatment system on the property is
provided; and
2) A statement from a certified engineer stating that all floor drains which may become
contaminated with materials from the repair/servicing shops, and have been
connected to a 'total retention/separator tank' or similar engineered system is
provided; and
3) A statement from a certified engineer stating that a 'total retention/separator tank' or
a similar engineered system which separates oils, fuels, lubricants, cleaners & solvents
etc. and stores all separated contaminants has been installed and is functioning
according to its design specifications is provided; and
4) A current contract with a MOE - certified carrier engaged for the disposal of materials
from the 'total retention/separator tank' or a similar engineered system is provided;
and
5) A statement from the Fire Chief, Municipality of Brockton, stating that fire
access to the property is satisfactory; and
6) A statement from the Chief Building Official, Municipality of Brockton, stating that a
Planting area has been created as outlined in the Site Plan Control Agreement; and
7) A Site Plan Control Agreement has been registered on title.
Township of Brant By-Law #81-855 (Part Lot 13, Concession 1 SDR, former Brant - Pitts
Produce)
.13
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-13' on
Schedule 'A' shall only be used for the purposes of a 'Agricultural Produce Warehouse'
and 'Nursery' as they existed on the date of passage of this By-Law, and in accordance
with the 'ACI' Zone provisions contained in this By-Law.
Township of Brant By-Law #81-855 (Lot 16, Concession 3 NDR, Brant)
.14
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-14' on
Schedule 'A' shall only be used for the purposes of a 'Salvage Yard', as it existed on the
date of passage of this By-Law, and in accordance with the 'ACI' Zone provisions contained
in this By-Law.
Township of Brant By-Law #86-1061 (Part of Lot 74, Concession 2, former Brant - Hanover
Greenhouse & Patio Shoppe)
.15
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-15' on
Schedule 'A' shall only be used for the purposes of a 'Commercial Greenhouse' and
'Garden Centre' as they existed on the date of passage of this By-Law, and in accordance
with the 'ACI' Zone provisions contained in this By-Law.
Township of Brant By-Law #86-1061 (Part of Lot 55, Concession 1 NDR, former Brant - Morry's)
Agriculture Commercial Industrial (ACI)
MUNICIPALITY OF BROCKTON
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MARCH 25, 2013
.16
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-16' on
Schedule 'A' shall only be used for the purposes of a 'Travel Trailer Sales Establishment'
as it existed on the date of passage of this By-Law, and in accordance with the 'ACI' Zone
provisions contained in this By-Law.
Township of Brant By-Law #95-1207 (Part Lot 74, Concession 3 NDR, former Brant - Powerline
Marine)
.17
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-17' on
Schedule 'A' shall only be used for the purposes of a 'Marine, Recreation and Small Engine
Establishment' and a 'Automobile Sales Establishment', as they existed on the date of
passage of this By-Law, and in accordance with the 'ACI' Zone provisions contained in this
By-Law, excepting however that:
i.
There shall be erected and maintained along the northerly limit of the land
commencing at the easterly limit and proceeding 241 feet westerly, a chain link fence
having a minimum height of 4 feet. Said fence to have a continuous pipe installed
along the top edge for its full length, in such a manner so as to cover the exposed top
of the chain link. Said fence to provide an unlocked gate access of a minimum width
of 14 feet at the approximate mid-point of the fence to allow access to the adjoining
land.
Township of Brant By-law 2017-45 975312 Ontario Limited c/o Gertrude Remers (Part Lot 74,
Concession 2 NDR, Brant) (013448 Bruce Rd 10)
.18
Notwithstanding their 'ACI' zoning designation, those lands delineated as 'ACI-18' on
Schedule 'A' shall be used in accordance with the 'ACI' zone provisions contained in this
By-Law, excepting however:
i.
Permitted uses shall be limited to an 'Automotive Repair Establishment'; and,
ii. The 'Minimum Lot Area' shall be no less than 0.39 ha (0.96 ac); and,
iii. The 'Minimum Interior Side Yard' setback along the south property line shall be no
less than it existed as of May 23, 2017 for the building(s) existing as of that date; and,
iv. The 'Minimum Front Yard' setback shall be no less than 10.0 metres; and,
v. The 'Maximum Lot Coverage' shall be no more than 35%; and,
vi. Notwithstanding the requirements of Section 3.20 Watercourse Setback, no building
shall be erected within a distance of 10.0 metres of a 'watercourse'; and,
vii. Notwithstanding the requirements of Section 3.22.2, no building shall be erected
within a distance of 10.0 metres from the right-of-way of County Road 10; and,
viii. 'Landscaped Open Space' shall be provided as per the requirements of Section 3.16;
and,
ix. Section 3.17 Open Storage and Outdoor Display shall not apply.
Township of Brant By-Law #87-1098 (Lot 36, Concession 1 SDR, Brant - VW Dealership)
.19
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-19' on
Schedule 'A' shall only be used for the purposes of an 'Automobile Sales Establishment',
as it existed on the date of passage of this By-Law, and in accordance with the 'ACI' Zone
provisions contained in this By-Law, excepting however that the maximum total building
Agriculture Commercial Industrial (ACI)
MUNICIPALITY OF BROCKTON
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floor area may be 557.4 m2 (6000 ft2).
Township of Brant By-Law #86-1061 (Part Lot 36, Concession 1 SDR, former Brant - Reid &
Schaab Heating)
.20
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-20' on
Schedule 'A' shall only be used for the purposes of a 'Trades Person's Shop' as it existed
on the date of passage of this By-Law, and in accordance with the 'ACI' Zone provisions
contained in this By-Law.
Township of Brant By-Law #84-984 (Part Lot 36, Concession 1 SDR, former Brant - Alf Ernewein
Contracting)
.21
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-21' on
Schedule 'A' shall only be used for the purposes of a 'Trades Person's Shop', as it existed
on the date of passage of this By-Law, and in accordance with the 'ACI' Zone provisions
contained in this By-Law.
Township of Brant By-Law #81-855 (Lot 34, Concession 4, former Brant - JG Propane and Brant
Seeds)
.22
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-22' on
Schedule 'A' shall only be used for the purposes of a 'Bulk Fuel Depot' and 'Bulk Sales
Establishment - Agricultural' as they existed on the date of passage of this By-Law, and
in accordance with the 'ACI' Zone provisions contained in this By-Law.
Township of Brant By-Law #81-855 (Lot 74, Concession 3 NDR, former Brant - Stuff for Sale)
.23
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-23' on
Schedule 'A' shall only be used for the purposes of a 'Retail Shop', as it existed on the
date of passage of this By-Law, and in accordance with the 'ACI' Zone provisions contained
in this By-Law.
Township of Brant By-Law #81-855 (Lot 74, Concession 3 NDR, former Brant - George Francis
Garage)
.24
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-24' on
Schedule 'A' shall only be used for the purposes of a 'Automobile Repair Establishment'
as it existed on the date of passage of this By-Law, and in accordance with the 'ACI' Zone
provisions contained in this By-Law.
Township of Brant By-Law #81-855 (Lot 74, Concession 2 NDR, former Brant - North End
Autobody)
.25
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-25' on
Schedule 'A' shall only be used for the purposes of an 'Automobile Repair Establishment'
as it existed on the date of passage of this By-Law, and in accordance with the 'ACI' Zone
provisions contained in this By-Law.
Township of Brant By-Law #86-1061 (Part 74, Concession 2 NDR, former Brant - JD's Flooring)
.26
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-26' on
Schedule 'A' shall only be used for the purposes of a 'Trades Person's Shop' as it existed
on the date of passage of this By-Law, and in accordance with the 'ACI' Zone provisions
Agriculture Commercial Industrial (ACI)
MUNICIPALITY OF BROCKTON
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MARCH 25, 2013
contained in this By-Law.
Municipality of Brockton By-Law #2010-18 (Part Lot 74, Concession 2 NDR, former Brant - Price
Bros. Welding)
.27
Notwithstanding their 'ACI' zoning designation, those lands delineated as 'ACI-27' on
Schedule 'A' to this By-law shall be used in compliance with the 'ACI' Zone provisions
contained in this By-Law, excepting however, that:
i.
Permitted uses shall be limited to a 'Retail Store', 'Trades Person's Shop', and
'Dwelling, Accessory Apartment';
ii. Minimum lot area shall be no less than 0.2 hectares;
iii. Minimum front yard shall be no less than 8.2 metres; and
iv. Minimum side yard shall be no less than 4.5 metres.
Township of Brant By-Law #2014-085 (Part Lot 36, Concession 1 NDR, former Brant - Ace N JJ)
.28
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-28' on
Schedule 'A' shall only be used for the purposes of a 'Retail Store' and accessory uses in
accordance with the 'ACI' Zone provisions contained in this By-Law, excepting however:
i.
An accessory building located at the northeast corner of the property shall have:
a. A minimum side yard setback of 1.83m (6ft)
b. A minimum rear yard setback of 1.83m (6ft)
ii.
Maximum Lot coverage shall not exceed 16%
iii.
A home industry is permitted and shall be in accordance with Section 3.11 except that:
a. Maximum size is 82 sq. metres
b. No parking devoted to the home industry is required
c. External display area shall be permitted in accordance with Section 3.17 for
commercial zones.
Municipality of Brockton By-Law # 2008-60 (Part Lot 37, Concession 1 NDR [being Part 1 on 3R-
4011, Part 1 on 3R-6804 and Part 1 on 3R-7542], former Brant - Snyder)
.29
Notwithstanding their 'ACI' zoning designation, those lands delineated as 'ACI-29' on
Schedule "A" to this by-law shall be used in compliance with the 'ACI' Zone provisions
contained in this By-Law, excepting however, that:
i.
Permitted uses shall be limited to a 'Drywall Business' and 'Construction Business';
ii. A 2.4 m (8 ft) solid maintenance free fence shall be provided / constructed along the
eastern lot line for the full length / depth of the adjacent residential lot.
iii. The setbacks for all buildings and structures shall be no less than as they existed on
the date of the passing of this by-law; and,
iv. The maximum lot coverage shall be no greater than 18.8%.
Township of Brant By-Law #86-1061 (Part of Lot 36, Concession 1 SDR, former Brant - Esso
Fuels)
.30
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-30' on
Schedule 'A' shall only be used for the purposes of a 'Bulk Fuel Establishment' as it existed
on the date of passage of this By-Law, and in accordance with the 'ACI' Zone provisions
contained in this By-Law.
Agriculture Commercial Industrial (ACI)
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MARCH 25, 2013
Township of Brant By-Law #84-972 (Part Lot 36, Concession 1 SDR, former Brant - Owen King)
.31
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-31' on
Schedule 'A' shall only be used for the purposes of a 'Trades Person's Shop' as it existed
on the date of passage of this By-Law, and in accordance with the 'ACI' Zone provisions
contained in this By-Law.
Township of Brant By-Law #81-855 (Lot 36, Concession 1 SDR, former Brant - Weber Collision
Repair)
.32
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-32' on
Schedule 'A' shall only be used for a 'Automobile Repair Establishment' as it existed on
the date of passage of this By-Law, and in accordance with the 'ACI' Zone provisions
contained in this By-Law.
Township of Brant By-Law #81-855 (Part Lot 64, Concession 1, former Brant - Country Village)
.33
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-33' on
Schedule 'A' that in addition to the uses permitted in the 'ACI' zone may also be used for
a 'Automobile Service Station' or 'Convenience Store' in accordance with the 'ACI' Zone
provisions contained in this By-Law.
Township of Brant By-Law #81-855 (Part Lot 74, Concession 2 NDR, former Brant - Lunch Stop)
.34
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-34' on
Schedule 'A' shall only be used for the purposes of a 'Restaurant' as it existed on the date
of passage of this By-Law, and in accordance with the 'ACI' Zone provisions contained in
this By-Law.
Municipality of Brockton By-law #2023-069 (CON 2 NDR PT LOT 74RP 3R734; PART 3 RP 3R4223
PART 29 (Former Township of Brant) 1L3476 Bruce Road 10)
.35
Notwithstanding their 'ACI' Zoning designation, those lands delinated as 'ACI-35' on
Schedule 'A' to this by-law, shall be used in accordance with the 'ACI' Zone provisions
contained in this By-law excepting however that:
i.
Permitted uses shall be limited to 'Light Industrial' purposes as it existed on the date
of passage of this By-law, and 'Open Storage' including for travel trailers, boats,
recreational vehicles, and other similar on or off-road vehicles.
Township of Brant By-Law #81-868 (Part Lot 59, Concession 1 SDR, former Brant)
.36
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-36' on
Schedule 'A' shall only be used for the purposes of a 'riding stable/equestrian centre' in
accordance with the 'ACI' Zone provisions contained in this By-Law.
Township of Brant By-Law #86-1045, #87-1091 (Bruce County Highways, Ontario Hydro, Brant
Township Garage etc.)
.37
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-37' on
Schedule 'A' shall only be used for the purposes of a 'public garage', as it existed on the
date of passage of this By-Law, & in accordance with the 'ACI' Zone provisions contained
in this By-Law.
Agriculture Commercial Industrial (ACI)
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MARCH 25, 2013
Township of Brant By-Law #88-1118 (Part Lot 19, Concession B, former Brant)
.38
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-38' on
Schedule 'A' shall only be used for the purposes of a 'greenhouse, commercial', and in
accordance with the 'ACI' Zone provisions contained in this By-Law.
Municipality of Brockton By-Law #2007-32 (N. Pt. Lots 62 & 63, Concession 2, NDR Brant)
.39
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-39' on
Schedule 'A' shall be used in accordance with the 'ACI' Zone provisions contained in this
By-Law, excepting however that:
i.
The permitted uses shall be limited to 'farm implement repair'; and,
ii. The lands shall be subject to Site Plan Control.
Municipality of Brockton By-Law #2007-48 (Pt. Lot 59, Concession 2 SDR Brant - Walkerton
Equine Clinic)
.40
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-40' on
Schedule 'A' shall be used in accordance with the 'ACI' Zone provisions contained in this
By-Law, excepting however:
i.
Permitted uses shall be limited to 'Veterinary Clinic';
ii. 'Minimum lot size' shall be no less than 2,319 square metres;
iii. 'Minimum lot frontage' shall be no less than 30 metres;
iv. Setbacks shall be as they existed on the date of passage of this By-law.
Municipality of Brockton By-Law #2007-50 (Pt. Lot 74, Concession 2, NDR, former Brant - Heinz
Autobody)
.41
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-41' on
Schedule 'A' shall be used in accordance with the 'ACI' Zone provisions contained in this
By-Law, excepting however:
i.
Permitted uses shall be limited to 'Automotive Repair Establishment' and 'Automotive
Sales Establishment'; and,
ii. Lands shall be subject to Site Plan Control.
By-law #2014-080 (Concession 1 NDR Part Lot 5, Brant - Huron Bay Z31/14)
.42
Notwithstanding their ACI zoning, those lands delineated as 'ACI-42' and 'ACI-42-H'
shall be used in compliance with the ACI zone provisions contained in this by-law,
excepting however that:
i.
An Agricultural General use shall also be permitted.
ii.
The 'H-holding' symbol may be removed once the following conditions have been
met:
a. A Site Plan Control Agreement has been registered on title. The Agreement may
address setbacks, open space, landscaping and any other site development details
deemed necessary by Council, to the satisfaction of the Municipality.
Municipality of Brockton By-law #2012-01 (Part of Lot 34, Concession 12, former Brant - Olds)
.43
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-43' on
Schedule 'A' to this By-law shall be used in compliance with the 'ACI' Zone provisions
Agriculture Commercial Industrial (ACI)
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184
MARCH 25, 2013
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to 'automobile repair establishment', 'automobile
sales establishment', and 'dwelling, accessory detached'.
By-Law 2017-005 (Fritz - Part Lot 10, Concession 6, (Part 1, 3R-3240), geographic Township of
Greenock)
.44
Notwithstanding their 'ACI' zoning, those lands delineated as 'ACI-44' on Schedule 'A'
to this By-law shall be used in compliance with the 'ACI' zone provisions contained in
this By-law, excepting however:
i)
Residential uses shall be prohibited;
ii)
In addition to the permitted uses in the ACI zone, the manufacturing of precast
concrete, construction services and solar installation shall be permitted;
iii)
Buildings and structures existing as of January 9, 2017 which do not comply with
the provisions of this By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with
the provisions of this By-law.
By-law 2019-011 - Hinsperger/Fritzall c/o R. Davidson, Pt Lt 10, Con 6, Greenock
The lands zoned 'ACl-44-H' may be used for the manufacturing of precast concrete,
construction services and solar installation, however this use shall not be permitted until the
Holding (H) provision is removed. The Holding (H) provision shall be removed when the
following matters have been implemented:
i.
The lands will be used for agricultural purposes until such time as the lands
zoned 'ACl-44' are demonstrated as being needed for the industrial use to the
satisfaction of the municipality;
ii.
A visual screen be provided in the form of a fence or a vegetative hedge across
the front of the of the property in the area of the outside storage, to screen the
outside storage from the public road to the satisfaction of the municipality;
iii.
The lands may continue to be used for the same purposes as what they were used
for at the time of the approval of this by-law (meaning agricultural uses) until
the H - holding provisions are removed, and the Holding provisions may be
removed subject to the preparation of an Archaeological Study to the satisfaction
of the Ministry of Citizenship and Culture with the recommendations of the
Ministry being implemented.
Township of Greenock By-law #98-22 (Part of Lot 17, Concession 13, Greenock)
.45
ACI-45 is deleted by By-law 2014-062, Lemont
Municipality of Brockton By-law #2005-30 (Part of Lot 1 and Lot 2, Concession 5, former
Greenock - Graf Animal Foods Ltd.)
.46
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-46' on
Schedule 'A' to this By-law shall be used in accordance with the 'ACI' Zone provisions
contained in this By-law, excepting however, that:
i.
Residential uses shall be prohibited;
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MUNICIPALITY OF BROCKTON
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MARCH 25, 2013
ii. Non-Residential uses shall be limited to: cold storage facility; 'farm implement
establishment'; turnip waxing facility; open storage and accessory uses, buildings and
structures to a primary use;
iii. The following zone provisions apply:
a) Minimum lot area shall be no less than 4,000 sq. metres;
b) Minimum lot frontage shall be no less than 45 metres;
c) Minimum front yard shall be no less than 15 metres;
d) Minimum interior side yard shall be no less than 5 metres;
e) Minimum rear yard shall be no less than 10 metres;
f)
Maximum lot coverage shall not exceed 10%; and,
g) Maximum height shall be no greater than 15 metres;
h) The number of buildings and structures including accessory buildings and
structures shall be limited to four (4); and,
i)
No part of any 'main building' shall be located closer than 20 metres to a lot used
for residential use.
Township of Greenock By-law #90-16 (Part of Lot 6, Concession 10, Greenock)
.47
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACI-47' on
Schedule 'A' to this By-law shall be used in accordance with the 'ACI' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be a 'farm implement establishment' in addition to all other 'ACI'
permitted uses; and,
ii. Accessory uses to 'farm implement establishment' shall include 'automobile sales
establishment'.
By-Law 2016-079 (Part Lot 56 Con 1 NDR, including Part 1, 3R-8040 and Part 1 and 2, 3R-
4222), Brant - Lippert /Sprucedale Agromart
.48
Notwithstanding their 'ACI' zoning, those lands delineated as 'ACI-48' on Schedule 'A'
to this By-law shall be used in compliance with the 'ACI' zone provisions contained in
this By-law, excepting however that:
i.
Minor Variance A-13-15.34 remains in force and effect with the exceptionof
Clauses 5 and 6 which are replaced by Clause (ii) below);
ii.
'Maximum Lot Coverage' shall be 15% for all buildings (Main and Accessory); and,
iii.
Buildings and structures existing as of November 14, 2016 which do not comply
with the provisions of this By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of this By-law.
By-Law 2017-062 (Part of Lot 74, Concession 2 NDR, geographic Township of Brant) - Hosskan
Holdings / Kanters [July 2017 Z-31-17.34]
.49
Notwithstanding their 'ACI' zoning, those lands delineated as 'ACI-49-H' on Schedule
'A' to this By-law shall be used in compliance with the 'ACI' zone provisions contained
in this By-law, excepting however:
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MARCH 25, 2013
i.
Permitted uses shall be limited to "Trades Person's Shop" (Electrician, Drywaller,
plumber) but shall not include a Building Contractor's Yard, Heavy Equipment
Contractor's Yard, or similar, or any type of automobile related services.
ii.
Notwithstanding Section 3.26.9 Entrances /Driveways, no more than two (2)
entrances shall be permitted. All Entrances/Driveways shall be located to the north
side of the buildings and structures existing as of July 17 2017.
iii.
Notwithstanding Section 3.16 Landscaped Open Space (In All Other Zones) no less
than 6.5 metres in width of 'Landscaped Open Space' shall be provided along the
Front yard. All other Provisions of 'Section 3.16 Landscaped Open Space' shall
apply, excepting however, in place of 'Landscaped Open Space', a 1.82 metre (6
feet) high permanent maintenance free board fence shall be erected and
maintained along the full length of the west and north interior lot lines;
iv.
Section 3.27 Loading Regulations shall not apply;
v.
Buildings and structures existing as of July 17 2017 which do not comply with the
provisions of this By-law are hereby recognized. All future buildings and
structures, or additions to existing buildings and structures, shall comply with the
provisions of this By-law.
vi.
The 'H-Holding' may be removed once the following conditions have been met:
1) The south entrance to the property has been eliminated; and
2) New curbing and renovations are completed; and
3) A statement from the Bruce County Highways Department stating that these works
have been completed and are satisfactory.
By-law 2022-086 (Markandu Z-2022-027 - 013420 BRUCE ROAD 10 - CON 2 NDR PT LOT 74
RP 3R;3001 PARTS 1, 2, & 3 (Brant)
.50
Notwithstanding their 'ACI' Zoning designation, those lands delineated as 'ACl-50' on
Schedule 'A' to this By-law shall be used in accordance with the 'ACI' Zone provisions
contained in this Bylaw, excepting however, that:
i.
shall only be used for the purposes of a 'Commercial Greenhouse' and 'Garden Centre'
which includes the retail of pet food.
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Rural Commercial Industrial (RCI)
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SECTION 18- RURAL COMMERCIAL INDUSTRIAL (RCI)
-
18.1
SCOPE
The provisions of Section 18 shall apply only on lands designated 'R - Rural' on Schedule
'A': Land Use of the County of Bruce Official Plan.
-
18.2
USES PERMITTED
No person shall within the 'Rural Commercial Industrial (RCI)' zone use any lot or erect,
alter or use any building or structure for any purpose except one or more of the following
uses:
(a)
Residential Uses
-
'Dwelling, Accessory Apartment' in accordance with Section 3.8.1 or a
'Dwelling, Accessory Detached' in accordance with Section 3.8.2, exclusively
for the use of the owner or a caretaker. A 'Dwelling, Accessory Apartment' or
a 'Dwelling, Accessory Detached' shall not be permitted in association with an
'Abattoir', 'Livestock Assembly Yard', 'Public Garage' or 'Bulk Fuel Depot'.
(b)
Non-Residential Uses
In addition to all Non-Residential Uses permitted in the 'ACI' zone the following
shall also be permitted:
-
Agricultural Produce Warehouse
-
Bulk Fuel Depot
-
Greenhouse, Commercial
-
Industrial, Dry limited to welding shops, blacksmith shops, and wood
fabricating
-
Livestock Auction Barn
-
Marine, Recreation and Small Engine Establishments
-
Public Garage
-
Riding Stable/Equestrian Centre
-
Salvage Yard
-
Saw or Planing Mill
-
School Bus Storage
-
Septic Tank Service
-
Trades Person's Shop
-
Travel Trailer Sales Establishments
Rural Commercial Industrial (RCI)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
189
MARCH 25, 2013
-
18.3
ZONE PROVISIONS
No person shall within any 'Rural Commercial Industrial (RCI)' zone use any lot or erect,
alter or use any building or structure except in accordance with the following provisions:
Provisions
Non-Residential Uses
Minimum Lot Area
0.8 hectares (2.0 ac)
Minimum Lot Frontage
30 metres (98 ft)
Minimum Front or Exterior Yard
15 metres (49.2 ft)
Minimum Side & Rear Yard
10 metres (33 ft)
Maximum Height B Main Building
10 metres (33 ft)
Maximum Lot Coverage
20%
Minimum Separation Distance from Accessory
Detached Dwelling
30 metres (98 ft)
-
18.4
SPECIAL PROVISIONS
Township of Brant By-Law #2003-79 (Part Lot 50, Concession 1 NDR, former Brant)
.1
Notwithstanding their 'RCI' Zoning designation, those lands delineated as 'RCI-1' on
Schedule 'A' to this By-Law, shall be used in accordance with the 'RCI' Zone provisions
contained in this By-Law excepting however that:
i.
The permitted use(s) shall be limited to a 'Small Engine Repair Business';
ii. A "Small Engine Service Shop" shall be defined as an establishment wherein small
engines, such as lawnmowers, chainsaws, tillers, snow blowers, or other similar items
may be repaired or serviced but may not include the repair and servicing or
recreational vehicles, automobiles, and trucks,
iii. The following will not be permitted:
-
Automobile Car Wash;
-
Automobile Service Station;
-
Automobile Repair Establishment;
-
Automobile Sales Establishment;
-
Automobile Wrecking Yard;
iv. The minimum side yard setback shall be 3.8 meters (12.5 feet);
v. The minimum ground floor area shall be 63.2 m2 (680 ft2); and
vi. Section 3.20 Watercourse Setbacks (b) and (c) shall not apply.
Municipality of Brockton By-law #2001-36 (McNall, Lot 15, Concession 3, former Greenock)
.2
Notwithstanding their 'RCI' Zoning designation, those lands delineated as 'RCI-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'RCI' Zone provisions
contained in this By-law, excepting however, that:
i.
Residential Uses shall be limited to a 'dwelling, accessory detached' in accordance
with Section 3.8.2;
ii. Non-Residential Uses shall be limited to a commercial/wholesale use solely dedicated
to the sale, installation, distribution, storage and design of after-market automotive
Rural Commercial Industrial (RCI)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
190
MARCH 25, 2013
accessories; and accessory buildings and structures for the permitted use;
iii. No further additions to existing structures or construction/erection of new structures
shall be permitted;
iv. The maximum 'floor area, total' for the non-residential uses shall be no greater than
486 m2; and,
v. Minimum separation distance form accessory detached dwelling shall be as it existed
on the date of passing of this By-law.
Extractive Industrial (M3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
191
MARCH 25, 2013
SECTION 19 - EXTRACTIVE INDUSTRIAL (M3)
-
19.1
SCOPE
The provisions of Section 19 apply only on lands designated 'License Aggregate/Quarry
Operation' on Schedule 'A': Land Use of the County of Bruce Official Plan.
-
19.2
USES PERMITTED
No person shall within the 'Extractive Industrial (M3)' zone use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following uses:
a) Residential Uses
- Prohibited
b) Non-Residential Uses
-
General Agriculture
-
Pit
-
Portable Asphalt Plant
-
Portable Concrete Plant
-
Quarry
-
Buildings, structures and uses accessory to a permitted use [i.e., open storage,
scales, pump buildings, administration, equipment storage, and fuel pumps]
-
Processing of natural materials extracted from the site including screening,
sorting, washing, crushing, storing, and other similar operations allied to a 'Pit' or
'Quarry' operation.
-
19.3
ZONE PROVISIONS
No person shall within any 'Extractive Industrial (M3)' Zone use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
Provisions
Non-Residential Uses
Minimum Lot Area
1 hectare (2.5 ac)
Minimum Lot Frontage
30 metres (98 ft)
-
19.4
ADDITIONAL PROVISIONS - EXTRACTIVE INDUSTRIAL
.1
No excavation shall occur within:
i.
15 metres (50 ft) to the boundary of the licensed area.
ii. 30 metres (98 ft) to any part of the boundary of the licensed area that abuts:
a) a Class 1 or 2 Street; or
b) land in use for residential purposes at the time the license was issued, or land zoned
Residential or Institutional when an aggregate license is issued.
iii. 30 metres (98 ft) of a watercourse.
.2
All excavation faces are to be stabilized in so far as to prevent erosion into the excavation
Extractive Industrial (M3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
192
MARCH 25, 2013
setback area and every excavation face shall be sloped to no greater than 45 degrees off
horizontal.
.3
No mineral aggregate resource, aggregate pile, topsoil pile, overburden pile, or any
building or structure shall be located closer than:
i.
30 metres (98 ft) of the boundary of the licensed area; and
ii. 90 metres (295 ft) of the boundary of the licensed area abutting a Class 1 or 2
Street; or a residential dwelling existing at the time an aggregate license is issued,
or land zoned Residential or Institutional when an aggregate license is issued
Where an interior lot line in an M3 zone abuts land held in separate ownership but is also
zoned M3, no setback may be required.
.4
All machinery employed in the processing or recycling of mineral aggregate resources and
derived products such as asphalt and concrete or the production of secondary related
products shall be located no closer than:
i.
30 metres (98 ft) of the boundary of the licensed area; and
ii. 90 metres (295 ft) of the boundary of the licensed area abutting a Class 1 or 2 Street;
or a residential dwelling existing at the time an aggregate license is issued, or land
zoned Residential or Institutional when an aggregate license is issued
.5
Berms that are intended to screen the adjoining lands from the operation on the site are
exempt from Section 19.4.3.
.6
All berms shall be located at least three metres inside of the boundary of the licensed
area.
.7
Adequate vegetation shall be established and maintained to control erosion of any topsoil
or overburden on the site.
.8 Visual Buffering shall be provided in accordance with the following requirements:
i.
Visual Buffering shall be planted and maintained along the boundary of the licensed
area that abuts a street/road and along any boundary line within 60 metres (197 ft)
of a 'Institutional Use' or a dwelling or Residential zone, except for entrances and
exits; and
ii.
Visual Buffering shall provide a year round visual barrier and shall be a minimum of
15 metres (50 ft.) in width and consist of a dense screen of shrubs and/or evergreen
trees, a minimum of one metre (3 ft.) in height when planted and of a type that will
attain a minimum height of 6 metres (20 ft.) at maturity; and
iii.
Where required on a street corner of a corner lot, Visual Buffering shall be located in
such a way as not to form an obstruction to traffic and as required by the sight visibility
triangles required by this By-Law.
-
19.5
SPECIAL PROVISIONS
Township of Greenock By-law #96-17 (Lot 9, Concession 9)
Extractive Industrial (M3)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
193
MARCH 25, 2013
.1
Notwithstanding their 'M3' Zoning designation, those lands delineated as 'M3-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'M3' Zone provisions
contained in this By-law, excepting however, that:
i.
Minimum lot frontage shall be 0.0 metres (0.0 ft.); and,
ii. Minimum driveway setback from any property line shall be 0.0 metres (0.0 ft.).
Township of Greenock By-law #98-06 (Part of Lots 69 and 70 and Lots 71 and 72, Concession
1 SDR - Formosa Environmental Aggregate)
.2
Notwithstanding their 'M3' Zoning designation, those lands delineated as 'M3-2-H' on
Schedule 'A' to this By-law shall be used in accordance with the 'M3' Zone provisions
contained in this By-law, excepting however, that:
i.
A 'quarry' licensed under the Aggregate Resources Act may be permitted;
ii. All 'quarry' operations shall comply with the plans approved through the Class A
Quarry License issued under the Aggregate Resources Act;
iii. Permitted accessory uses shall include, but not be restricted to, a truck scale; a scale
house with and office and locker room; a pump house; and a bagging/processing
plant;
iv. Section 3.6.5 shall not apply;
v. The 'H - holding' symbol may be removed once the following conditions have been
met:
a) The conditions of BCOPA #128 Bruce County Official Plan Amendment South are in
force and effect; and,
b) Class A Quarry License and Site Plan issued under the Aggregate Resources Act are in
effect.
Rural and Urban Open Space (OSR & OS)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
194
MARCH 25, 2013
SECTION 20 - RURAL AND URBAN INSTITUTIONAL (INR & IN)
-
20.1
SCOPE
The provisions of the Rural Institutional (INR) and Urban Institutional (IN) zones shall
generally apply to institutional development located in rural and urban areas of the
Municipality.
-
20.2
USES PERMITTED
No person shall within a 'Rural Institutional (INR) zone or 'Urban Institutional (IN)' zone
use any lot or erect, alter or use any building or structure for any purpose except the
following:
PERMITTED USES
INSTITUTIONAL- RURAL
(INR)
INSTIUTIONAL - URBAN
(IN)
'Dwelling,
Accessory
Apartment'
as
per
Section 3.8.1
√
√
'Dwelling, Accessory Detached' as per Section
3.8.2, used only in association with 'Assembly
Hall'
√
√
Assembly Hall
√
√
Cemetery
√
√
Clinic
Not Permitted
√
Child Care Centre
Not Permitted
√
Educational Facility
Not Permitted
√
Group Home - Type Two
Not Permitted
√
Hospital
Not Permitted
√
Public Building
Not Permitted
√
Public Park
√
√
Recreation Centre
Not Permitted
√
Residential Care Facility
Not Permitted
√
Accessory Buildings & Structures as per
Section 3.6
√
√
Conservation Areas
√
√
-
20.3
ZONE PROVISIONS
No person shall within any 'Institutional - Rural (INR)' or 'Institutional - Urban (IN)' zone
Rural and Urban Open Space (OSR & OS)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
195
MARCH 25, 2013
use any land or erect, alter or use any building or structure except in accordance with the
following provisions:
Provisions
Municipal and
Municipal Sewer
Municipal Water
No Municipal
Services
Minimum Lot Area
550 m2 (5,920 ft2)
0.4 hectares (1 ac)
0.8 hectares (2 ac)
Minimum Lot Frontage
15 metres (49 ft)
40 metres (131 ft)
40 metres (131 ft)
Minimum Front Yard
6.0 metres (20 ft)
10 metres (33 ft)
10 metres (33 ft)
Minimum Exterior Side Yard
6.0 metres (20 ft)
10 metres (33 ft)
10 metres (33 ft)
Minimum Interior Side Yard
5 metres (16 ft)
Minimum Rear Yard
10 metres (33 ft)
Maximum Building Height -
'Main Building'
10 metres (33 ft)
Maximum Lot Coverage
40%
25%
20%
-
20.4
SPECIAL PROVISIONS - INR
Township of Brant By-Law #81-855 (Part Lot 17 and Part Lot 18, Concession B, Brant)
Township of Brant By-Law #81-855 (Part Lot 1, Concession 8, Brant)
Township of Brant By-Law #81-855 (Part Lot 25, Concession 10, Brant)
Township of Brant By-Law #81-855 (Part Lot 26, Concession 10, Brant)
Township of Brant By-Law #81-855 (Part Lot 74, Concession 2 SDR, Brant)
Township of Brant By-Law #81-855 (Part Lot 12 & 13, Concession 1 NDR, Brant)
Township of Brant By-Law #81-855 (Part Lot 31, Concession 9, Brant)
Township of Brant By-Law #81-855 (Part Lot 34, Concession 9, Brant)
Township of Brant By-Law #81-855 (Part Lot 19, Concession 14, Brant)
Township of Brant By-Law #81-855 (North Lot 25, Concession 5, Brant)
Township of Brant By-Law #81-855 (South Part Lot 25, Concession 5, Brant)
Township of Brant By-Law #81-855 (Part Lot 28, Concession 4, Brant)
Township of Brant By-Law #81-855 (Part Lot 6, Concession 3 SDR, Brant)
.1
Notwithstanding their 'IN' Zoning designation, those lands delineated as 'INR-1' on
Schedule 'A' shall only be used for the purposes of a 'Cemetery', as it existed on the date
of passage of this By-Law, and in accordance with the 'INR' Zone provisions contained in
this By-Law.
Township of Brant By-Law #81-855 (Part Lot 30, Concession 14, Brant)
Township of Brant By-law #81-855 (Part Lot 34, Concession 9, Brant)
.2
Notwithstanding their 'INR' Zoning designation, those lands delineated as 'INR-2' on
Schedule 'A' shall only be used for the purposes of a 'assembly hall', as it existed on the
Rural and Urban Open Space (OSR & OS)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
196
MARCH 25, 2013
date of passage of this By-Law, and in accordance with the 'INR' Zone provisions
contained in this By-Law.
Township of Brant By-Law #2007-49/81-855 (Part Lot 31, Concession 5, former Brant)
.3
Notwithstanding their 'INR' Zoning designation, those lands delineated as 'INR-3' on
Schedule 'A' shall only be used for a 'Place of Worship' and 'Cemetery', in accordance with
the 'INR' Zone provisions contained in this By-Law excepting however that the rear lot
line shall be no closer than 262 metres from neighbouring livestock facilities (MDS I).
Township of Brant By-Law #81-855 (Part Lot 66, Concession 1 SDR, Brant - Hanover Knights of
Columbus Hall)
.4
Notwithstanding their 'INR' Zoning designation, those lands delineated as 'INR-4' on
Schedule 'A' shall only be used for a 'Assembly Hall', as it existed on the date of passage
of this By-Law, and in accordance with the 'INR' Zone provisions contained in this By-Law.
Rural and Urban Open Space (OSR & OS)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
197
MARCH 25, 2013
-
20.5
SPECIAL PROVISIONS - IN
Town of Walkerton By-law #92-35 (Walkerton, Walkerton Church of Latter Day Saints)
.1
Notwithstanding their 'IN' Zoning designation, those lands delineated as 'IN-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'IN' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to an 'assembly hall' and accessory uses; and,
ii. No off-street parking shall be permitted in the required front yard.
Town of Walkerton By-law #92-35 (Walkerton)
.2
Notwithstanding their 'IN' Zoning designation, those lands delineated as 'IN-2' on
Schedule 'A' to this By-law shall be used in accordance with the 'IN' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to a 'parking lot' for an 'assembly hall'.
Town of Walkerton By-law #92-35 (Walkerton Community Centre)
.3
Notwithstanding their 'IN' Zoning designation, those lands delineated as 'IN-3' on
Schedule 'A' to this By-law shall be used in accordance with the 'IN' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be the following: weekly farmer's market; community trade
shows; exhibitions; auctions; agricultural society activities; 'public park'; recreational
use - high intensity'; and an amusement midway in addition to all other 'IN'
permitted uses.
Town of Walkerton By-law #2002-47 (Walkerton Firehall, Plan 7 Part of Lots 47, 48, 49, 50 and
54; Plan 7 Lots 51, 52 and 53; Plan 7 Lots 79, 80, 81 and 82; Plan 7 Part of Lot 83; closed portion
of Robinson Street; and Plan 162 Part of Park Lot P, former Walkerton)
.4
Notwithstanding their 'IN' Zoning designation, those lands delineated as 'IN-4' on
Schedule 'A' to this By-law shall be used in accordance with the 'IN' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to a municipal firehall.
Municipality of Brockton By-law 2022-157 (Armory, 207 JANE ST - PLAN 7 PT PARK LOT 1 [PT 3
PLAN 3R10543], Walkerton, Roll Number 410436000313300)
.5
Notwithstanding their 'IN' Zoning designation, those lands delineated as 'IN-5' on
Schedule 'A' to this By-law shall be used in accordance with the 'IN' Zone provisions
contained in this By-law, excepting however, that in addition to the permitted uses of
the IN zone:
i. A business or professional office is permitted.
Rural and Urban Open Space (OSR & OS)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
198
MARCH 25, 2013
SECTION 21- RURAL AND URBAN OPEN SPACE (OSR & OS)
-
21.1
SCOPE
The provisions of Section 21 apply only on lands designated 'Major Open Space' on
Schedule 'A': Land Use of the County of Bruce Official Plan and lands designated
'Recreation and Open Space' on Schedule 'A' - Land Use for the Walkerton Community
Official Plan.
-
21.2
USES PERMITTED
No person shall within any 'Rural Open Space (OSR)' or 'Urban Open Space' zone use any
lot or erect, alter or use any building or structure for any purpose except for one or more
of the following uses:
PERMITTED USES
RURAL OPEN SPACE
(OSR)
URBAN OPEN SPACE
(OS)
'Dwelling, Accessory Apartment' in
accordance with Section 3.8.1 or a
'Dwelling,
Accessory
Detached'
in
accordance with a 'golf course' by an
owner or caretaker of the principal use
Adventure Game
Not Permitted
Agriculture General
Not Permitted
Boat Launching & Docking
Conservation Area
Cross Country Ski Facility
Golf Course
Golf Course, Miniature
Not Permitted
Golf Driving Range
Gun Club
Not Permitted
Public Park
Snowmobile Club
Not Permitted
Rural and Urban Open Space (OSR & OS)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
199
MARCH 25, 2013
-
21.3
ZONE PROVISIONS
No person shall within any 'Rural Open Space (OSR)' or 'Urban Open Space (OS)' zone use
any land or erect, alter or use any building or structure except in accordance with the
following provisions:
Provisions
For All Services
(Municipal or Private)
Minimum Lot Area
0.5 hectares (1.2 ac)
Minimum Front or Exterior Yard
15 metres (49.2 ft)
Minimum Side/Rear Yard
10 metres (33 ft)
Maximum Height - Main Building
10 metres (33 ft)
Maximum Lot Coverage
5%
-
21.4
ADDITIONAL SETBACKS- GUN CLUB
No 'Gun Club' shall be permitted within 250 metres (820 ft.) of any dwelling or Residential
Zone or Institutional Use.
-
21.5
SPECIAL PROVISIONS - OSR
Township of Brant By-Law #81-855 (Lot 17, Concession 1 NDR, Brant)
.1
Notwithstanding their 'OSR' Zoning designation, those lands delineated as 'OSR-1' on
Schedule 'A' to this By-Law shall be used in accordance with the 'OSR' Zone provisions
contained in this By-Law excepting however that:
i.
Uses permitted shall be limited to a 'Golf Course' and 'Curling Club'.
Municipality of Brockton By-Law No. 2009-52 (Part Lots 68 - 70, Concession 1 NDR and Part Lots
70 and 71, Concession 2 NDR [being Parts 23 and 24 on Plan 171], former Brant - Hanover
Walkerton Landfill)
.2
Notwithstanding their 'OSR' Zoning designation, those lands delineated as 'OSR-2' on
Schedule 'A' to this By-Law shall be used in accordance with the permitted uses and the
regulations of the 'OSR' Zone contained in this By-Law, excepting however, that:
i.
Uses accessory to and/or appurtenant to a 'sold waste disposal site' shall be
permitted; and,
ii. Section 3.6.1 Prohibited Structures (Accessory Buildings) shall not apply except (1)
one construction trailer shall be permitted as an accessory building.
Rural and Urban Open Space (OSR & OS)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
200
MARCH 25, 2013
-
21.6
SPECIAL PROVISIONS - OS
Municipality of Brockton By-law #2003-45 (Cunningham/Zettler/Brockton, Plan 195 Lots 17-27,
30-35, Part of Lots 15, 16, 28 and 36 and Part of Frank Street (Part 1 on RP 3R-5614) and Plan
162 Part of Park Lot 47 (Part 1 on RP 3R-7721, Cunningham Road, Walkerton)
.1
Notwithstanding their 'OS' Zoning designation, those lands delineated as 'OS-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'OS' Zone provisions
contained in this By-law, excepting however that:
i.
Uses permitted shall be a 'public park' limited to passive recreation and shall not
include any community centres, bleachers, swimming pools, bandstands, skating
rinks, camping area, arenas, golf courses, bowling green, tennis courts or lacrosse
box.
Waste Disposal (WD)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
201
MARCH 25, 2013
SECTION 22 - WASTE DISPOSAL (WD)
-
22.1
SCOPE
The provisions of the Waste Disposal (WD) Zone shall generally apply on lands designated
for such uses on Schedule 'A': Land Use of the County of Bruce Official Plan or on Schedule
'A' - Land Use Plan for the Walkerton Community Official Plan.
-
22.2
USES PERMITTED
No person shall within any 'Waste Disposal (WD)' zone use any lot or erect or use any
building or structure for any purpose except one or more of the following uses:
(a)
Residential Uses
- Prohibited
(b) Non-Residential Uses
- Communal Sewage Disposal System
- Composting Facility
- Portable Asphalt Plant or Portable Concrete Plant
- Recycling Centre
- Sewage Treatment Plant
- Solid Waste Disposal Site
- Uses accessory to the permitted use [open storage, scales, pump buildings,
administration, equipment storage, and fuel pumps]
- Wayside Pit, Wayside Quarry
-
22.3
ZONE PROVISIONS
No person shall within any 'Waste Disposal (WD)' zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
Provisions
Non-Residential Uses
Minimum Lot Area
2 hectares (5 ac)
Minimum Lot Frontage
20 metres (66 ft)
Minimum Setback from all Lot Lines
(Buildings/Structures)
15 metres (50 ft)
Minimum Setback from Lot Line (All other
activities)
30 metres (100 ft)
Maximum Building Height
10 metres (33 ft)
Maximum Lot Coverage (Buildings/Structures)
1%
Waste Disposal (WD)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
202
MARCH 25, 2013
-
22.4
PLANTING AREAS
Except for entrances and exits, planting areas having a minimum width of 15 metres (49.2
ft) and consisting of a dense screen of shrubs and evergreen trees, minimum 1 metre (3
ft) high when planted and of a type that will attain a minimum height of 6 metres (20 ft)
at maturity and as well provide a year round visual barrier, shall be planted and maintained
along any street lot line and along any lot line abutting any Residential or Institutional
zone.
-
22.5
SPECIAL PROVISIONS
Airport Zone (AP)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
203
MARCH 25, 2013
SECTION 23 - AIRPORT ZONE (AP)
-
23.1
USES PERMITTED
No person shall within the 'Airport (AP)' zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
i.
Residential Uses
-
'Dwelling, Accessory Apartment' in accordance with Section 3.8.1 used only by an
airport manager/owner or caretaker.
ii. Non-Residential Uses
-
Airport
-
Aircraft Hangar
-
Industrial, Dry limited to the assembly/manufacture of complete aircraft
-
Restaurant
-
Buildings, structures and uses accessory to a Non-Residential Use limited to bulk
fuel storage, airport service equipment maintenance garage, open storage area,
parking lot, warehouse, terminal/business office and flight school.
-
23.2
ZONE PROVISIONS
No person shall within any 'Airport (AP)' zone use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
Provisions
Non-Residential Uses
Minimum Lot Area
Not applicable
Minimum Lot Frontage
30 metres (100 ft)
Minimum Building Setbacks - All lot lines
30 metres (100 ft)
-
23.3
ADDITIONAL PROVISIONS - AIRPORT ZONE
23.3.1 No part of any parking space shall be located closer than 3 metres (10 ft) to any street
lot line; or 9 metres (30 ft.) to any lot line.
23.3.2 No part of any bulk fuel storage, fuel pump or open storage area for combustible materials
shall be located closer than 30 metres (100 ft.) to any lot line.
23.3.3 'Open Storage Areas' shall be in accordance with 'Section 3.17.1 Open Storage Areas'.
Airport Zone (AP)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
204
MARCH 25, 2013
-
23.4
SPECIAL PROVISIONS
Township of Brant By-Law #90-1077 (Part Lot 64 and 65, Concession 2 NDR - Airport)
.1
Notwithstanding their 'AP' Zoning designation, those lands delineated as 'AP-1' on
Schedule 'A' shall only be used in accordance with the following provisions:
i.
Uses Permitted
No person shall within the 'AP-1' zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
- Industrial, Dry limited to the assembly/manufacture of complete aircraft
- Bulk fuel storage
- Maintenance garage and storage for airport service equipment
- Aircraft Hangar
- Open storage area
- Parking lot
- Flight school
- Accessory Business Office
- Dwelling, Accessory Apartment' in accordance with Section 3.8.1, to be used
exclusively and solely in support of a Permitted Use. A 'Dwelling, Accessory
Apartment' shall not be permitted in association with Bulk fuel storage, Parking
lot or Open storage area.
ii. Provisions
Minimum Lot Area
0.8 hectares (2.0 ac)
Minimum Lot Frontage
30 metres (100 ft)
Minimum Front Or Exterior Yard
15.24 metres (50 ft)
Minimum Side Yard
7.62 metres (25 ft)
Minimum Rear Yard
7.62 metres (25 ft)
Maximum Building Height
As per 'Section 3.12 Height Restrictions
Around Municipal Airport' but no greater
than 10 metres (33 ft)
Maximum Lot Coverage
15%
Parking Space Requirements
3 parking spaces
iii. Additional Provisions 'AP-1' Zone
a) No part of any Parking Space shall be located closer than 3 metres (10 ft) to
any street lot line; or 9 metres (30 ft) to any lot line.
b) No part of any bulk fuel storage, fuel pump or storage area for combustible
materials shall be located closer than 7.62 metres (25 ft) to any lot line.
c) 'Open Storage Areas' shall be in accordance with 'Section 3.17.1 Open
Storage Areas'.
Planned Development (PD)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
205
MARCH 25, 2013
SECTION 24 - ENVIRONMENTAL PROTECTION (EP)
-
24.1
SCOPE
The provisions of the Environmental Protection (EP) Zone shall generally apply to lands
designated 'Hazard' on Schedule 'A': Land Use of the County of Bruce Official Plan or
designated 'Environmental Protection' on Schedule 'A' - Land Use Plan for the Walkerton
Community Official Plan.
-
24.2
USES PERMITTED
No person shall within the 'Environmental Protection (EP)' zone use any lot for any purpose
except for one or more of the following uses:
(a) Non-Residential Uses
-
Agriculture, General uses existing as of the date of passage of the zoning by-law
-
Cross Country Ski Facility
-
Conservation Area
-
Public park
-
Boat Launching and Docking
-
24.3
STRUCTURES PROHIBITED
Notwithstanding any other provisions and definitions of this By-law, all buildings and
structures shall be prohibited in an 'Environmental Protection (EP)' zone except for the
following:
i.
Those necessary for flood and/or erosion control purposes in accordance with Section
24.3;
ii. Unenclosed picnic shelters;
iii. Washroom facilities associated with a Public Park or Conservation Area;
iv. Buildings for essential public services;
v. Boat Launching and Docking.
-
24.4
ZONE PROVISIONS
No person shall within any 'Environmental Protection (EP)' zone use any land or erect, alter
or use any building or structure, except in accordance with the following provisions:
Provisions
Flood Control Buildings
Minimum Building Setback from Any Lot Line
10 metres (33 ft)
Maximum Building Size
20 m2 (215ft2)
Maximum Building Height
3 metres (10 ft)
Planned Development (PD)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
206
MARCH 25, 2013
Explanatory Note
Ontario Regulation 169/06
Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses.
Some of the lands within and adjacent to the Environmental Protection zone as shown
on the By-Law schedules may be subject to Saugeen Valley Conservation Authority's
Ontario Regulation 169/06 - Development, Interference with Wetlands and Alterations
to Shorelines and Watercourses. Where development or site works are proposed within
a Regulated Area, as shown on schedules filed with the Conservation Authority where
such mapping exists a permit from the SVCA may be required. The SVCA should be
contacted to determine the extent of the Regulated Area. The SVCA should be
consulted before development including construction, reconstruction, conversion,
grading, filing or excavating occurs to determine whether the Authority Regulations
apply.
-
24.5
SPECIAL PROVISIONS
Provincially Significant Wetlands
.1
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-1' on
Schedule 'A' to this By-Law, shall only be used for existing agricultural uses and
'forestry/silvaculture' and outdoor recreational activities which are non-intensive in
nature and are compatible with the surrounding natural environment including uses such
as nature interpretation, hiking and walking trails, cross-country skiing, fishing and
hunting in accordance with the 'EP' Zone provisions contained in this By-Law, excepting
however that notwithstanding the provisions of Section 4.7.1.7, the boundaries and uses
of the 'EP-1' Zone shall not be altered except by a By-Law passed under Section 34 of the
Planning Act, R.S.O 1990 as amended.
All buildings and structures shall be prohibited in a 'EP-1' zone except those necessary
for flood and/or erosion control purposes in accordance with Section 24.3. Site alteration,
such as filling or excavation is not permitted within the 'EP-1' zone except to allow
existing agricultural uses to continue.
Township of Brant By-Law #96-1231 (Part Lot 66/67, Con 2 NDR - Lake Rosalind)
.2
Notwithstanding their 'EP' zoning designation, lands designated 'EP-2' on Schedule 'A' to
this By-Law, may be used for environmental protection uses in accordance with the 'EP'
Zone provisions, excepting, however, that:
i.
The maximum ground floor area shall be no more than 29.75 square metres;
ii. The lowest floor elevation shall not be at a level that is lower than 1.5 metres above
the water's edge;
iii. The minimum setback from the water's edge shall be 10.7 metres.
Planned Development (PD)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
207
MARCH 25, 2013
Township of Brant By-Law #81-855 [Part Lot 66, Concession 1 SDR, former Brant - Saugeen Great
Escape]
.3
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-3' on
Schedule 'A' shall only be used for the purposes of a 'Hotel/Motel' and 'Restaurant' as
they existed on the date of passage of this By-Law. No further changes, additions, and
alterations to the buildings or structures shall be permitted.
Township of Brant By-Law #86-1045 (Part Lot 13, Concession 10, former Brant)
.4
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-4' on
Schedule 'A' shall only be used for the purposes of a non-habitable agricultural equipment
and machinery storage building in accordance with the 'A1' Zone provisions excepting
however than the maximum ground floor area shall be no more than 195.1 square metres.
No further changes, additions, and alterations to the buildings or structures shall be
permitted.
Township of Brant By-Law #97-1248 (Part Lot 31 & 32, Concession 4 - Lake Rosalind, former
Brant)
.5
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-5' on
Schedule 'A' shall be maintained in its natural state.
Township of Brant By-Law #81-855 (Part Lot 66, Concession 1 SDR, former Brant - Hanover
Knights of Columbus Hall)
.6
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-6' on
Schedule 'A' shall only be used for an 'Assembly Hall', as it existed on the date of passage
of this By-Law. No further changes, additions, and alterations to the buildings or
structures shall be permitted.
Township of Brant By-Law #83-929 (Part Lots 6 & 7, Concession 1 NDR, former Brant - Walkerton
Wells)
.7
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-7' on
Schedule 'A' shall only be used for the purposes of a 'public utility building' as it existed
on the date of passage of this By-Law, and in accordance with the 'EP' Zone provisions
contained in this By-Law, excepting however that:
i.
The maximum height of any buildings or structures shall not exceed 3.5 metres;
ii. The maximum number of buildings or structures shall not exceed three (3).
Municipality of Brockton By-Law #2006-35 (Part Lot 9, Concession 1 SDR, former Brant - Andy's
Country Repair)
.8
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-8-H' on
Schedule 'A' shall be used in accordance with the 'EP' Zone provisions contained in this
By-Law, excepting however that:
i.
Uses permitted shall be limited to an 'Automobile Wrecking Yard'.
ii. No buildings or structures shall be permitted.
Planned Development (PD)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
208
MARCH 25, 2013
iii. The setbacks for the outdoor storage of scrap automobiles, or commercial motor
vehicles, salvage or parts shall be no less than as they existed as of the date of the
passing of this By-Law;
iv. The lands shall be subject to Site Plan Control; and
v. The 'H' provision may be removed once the following conditions have been met:
1. A statement from the Chief Building Official, Municipality of Brockton, stating that
a Planting area has been created as outlined in the Site Plan Control Agreement;
and
2. A Site Plan Control Agreement has been registered on title.
Township of Brant By-Law #97-1248 (Part Lot 31 and Part Lot 32, Concession 4, former Brant)
.9
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-9' on
Schedule 'A' shall be used in accordance with the 'EP' Zone provisions contained in this
By-Law, excepting however that the minimum lot area shall be 16.2 ha. (40 acres).
Pearl, Dankert, Rosalind and Marl Lakes
.10
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-10' on
Schedule 'A' shall be used in accordance with the 'EP' Zone provisions contained in this
By-Law, excepting however that 'Agriculture, General', 'Cross Country Ski Facility' and
'Snowmobile Club' and 'Gun Club' shall not be permitted.
Township of Brant By-Law #86-1046 (Lot 74, Concession 2 SDR, former Brant - Hanover
Recreational)
.11
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-11' on
Schedule 'A' shall be used in accordance with the 'EP' Zone provisions contained in this
By-Law excepting however that:
i.
The permitted use(s) shall be limited to a 'Recreation Centre';
ii. A "Recreation Centre" means the use of land for such uses as public or private parks,
playgrounds, playfields, racquetball club, tennis courts, lawn bowling greens, indoor
and outdoor skating rinks, curling facilities, hockey arenas, athletic fields, field
houses, recreational trails and similar uses together with necessary and accessory
buildings and structures, but does not include a track for the racing of animals, motor
vehicles, snowmobiles, all-terrain vehicles or motor cycles.
Township of Greenock By-law #91-07 (Part of Lot 51, Concession A and Part of Lot 33 Plan 7,
former Greenock - former Stark Mill)
.12
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-12' on
Schedule 'A' shall be used in accordance with the 'EP' Zone provisions contained in this
By-law, excepting however that:
i.
The following uses are permitted within the existing building: 'Restaurant' with a
maximum 'Floor Area, Total' of 111.5 sq. metres; 'Hotel/Motel'; 'Tavern'; generation of
electricity via the rehabilitation of hydraulic wheels; and 'Dwelling, Accessory Apartment'
for the exclusive use of the owner, manager or caretaker of the primary use; and,
ii. The surrounding lands may be utilized for parking facilities, lighting facilities and
Planned Development (PD)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
209
MARCH 25, 2013
walkways intended to provide public viewing of the subject lands.
Township of Greenock By-law #99-85 (Part of Lot 5, Concession 7, Chepstow - Mullin's Farm
Supply)
.13
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-13' on
Schedule 'A' shall be used in accordance with the 'EP' Zone provisions contained in this
By-law, excepting however that:
i.
Permitted uses shall be limited to a 'Farm Implement Establishment' and a 'Dwelling,
Accessory Detached';
ii. Maximum number of buildings on the subject lands shall be three (3);
iii. Maximum 'Ground Floor Area, Total' for the 'Farm Implement Establishment' shall
be 475.7 sq. metres; and,
iv. Maximum 'Ground Floor Area, Total' for storage of farm implement machinery shall
be 557.4 sq. metres.
Municipality of Brockton By-law #2001-36 (Lot 15, Concession 3, Greenock - McNall)
.14
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-14' on
Schedule 'A' to this By-law shall be used in accordance with the 'EP' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to a pump house for a private water well; and,
ii. Any filling, grading and/or excavation that would change the landform and/or
natural vegetation characteristics of the zone are prohibited.
Municipality of Brockton By-law #2007-68 (Lot 11 and Part of Lot 12, Concession 9 and Part of
Lot 12, Concession 10, former Greenock - Tony Lang Farms Ltd.)
.15
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-15' on
Schedule 'A' to this By-law shall be used in accordance with the 'EP' Zone provisions
contained in this By-law, excepting however, that:
i.
Permitted uses shall be limited to an existing 'dwelling' and an existing accessory
building.
Municipality of Brockton By-law #2009-18 (Lots G, H, I and J, Concession 25, former Greenock -
1775163 Ontario Inc.)
.16
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-16' on
Schedule 'A' to this By-law shall be used in accordance with the 'EP' Zone provisions
contained in this By-law, excepting however, that:
i.
The construction of any new non-habitable buildings and/or structures for the
purposes of flood and/erosion control, parks, conservation and sporting activities
shall be prohibited; and,
ii. No filling, grading, excavating or site alteration shall be permitted except for the
widening of the driveway upon approval from Saugeen Valley Conservation Authority.
Town of Walkerton By-law #92-35 (various properties)
.17
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-17' on
Planned Development (PD)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
210
MARCH 25, 2013
Schedule 'A' to this By-law shall be used in accordance with the 'EP' Zone provisions
contained in this By-law, excepting however, that:
i.
Private indoor/outdoor swimming pool uses shall be prohibited.
Municipality of Brockton By-law#2010-04 (Part Park Lots 7 and 8 Plan 84 and Lot 26 Plan 162
(being Part 2 on RP 3R-3464), former Walkerton)
.18
Notwithstanding their 'EP' Zoning designation, those lands delineated as 'EP-18' on
Schedule 'A' to this By-law shall be used in accordance with the 'EP' Zone provisions
contained in this By-law, excepting however, that:
ii. Private indoor/outdoor swimming pool uses and unenclosed decks shall be
prohibited.
Planned Development (PD)
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
211
MARCH 25, 2013
SECTION 25- PLANNED DEVELOPMENT (PD)
-
25.1
USES PERMITTED
No person shall within a 'Planned Development (PD)' zone use any lot or erect, alter or
use any building or structure, for any purpose except the following:
i)
Uses, buildings and structures existing at the date of passing of this By-Law.
ii)
Alteration and/or enlargement of an existing 'dwelling' and/or accessory
structures shall be as follows:
(a) On lands designated 'Hamlet' on Schedule 'A': Land Use of the County of Bruce
Official Plan in accordance with the provisions of the 'HR' zone.
(b) On lands designated 'Inland Lake Development Area' on Schedule 'A': Land
Use of the County of Bruce Official Plan in accordance with the provisions of
the 'LR' zone.
(c) On lands in Walkerton in accordance with the provisions of the 'R1'Zone.
iii)
New 'Dwellings, single detached' and accessory structures on an existing lot not
located in a Hamlet in accordance with the provisions of the 'A1' zone.
iv)
Expansions to 'Livestock Facilities', 'Manure or Material Storage' or other
agricultural buildings designed for housing livestock shall be prohibited.
v)
Dwelling, Additional Residential Unit in accordance with Section 3.8.3, except that
a detached Dwelling, Additional Residential Unit shall be located within a
maximum distance of 15 metres from the principal dwelling.
-
25.2
SPECIAL PROVISIONS
By-law 2022-063 (Ernewein Farms Limited Z-2021-085 - 63 SIDEROAD 5 GREENOCK - CON 1
SDR PT LOTS 59 & 60 (Greenock))
.1
Notwithstanding their 'PD' Zoning designation, those lands delineated as 'PD-1' on
Schedule 'A' to this By-law shall be used in accordance with the 'PD' Zone provisions
contained in this By-law, excepting however, that:
i.
A 'Dwelling, -Accessory Detached' shall be prohibited;
ii. That the lot area shall be no less than 35 ha. Areas zoned Al-131, Al-131-Hl, PD-1
and EP can be used in the calculation of lot area.
Enactment
MUNICIPALITY OF BROCKTON
COMPRENSIVE ZONING BY-LAW
212
MARCH 25, 2013
SECTION 26 - ENACTMENT
-
26.1
CONFLICT WITH OTHER BY-LAWS
In the event of any conflict or inconsistency between this By-Law and any other general
or special By-Law of the Corporation, the provisions of this By-Law shall prevail.
-
26.2
REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-law, all previous By-laws passed under Section 34
of the Planning Act, R.S.O. 1990 as amended, or a predecessor thereof, pertaining only to
the lands identified on Schedule 'A' to this By-law, shall be deemed to have been repealed
except to the extent that any of the said By-laws prohibits the use of any land, building
or structure for a purpose that is also prohibited by this By-law.
-
26.3
EFFECTIVE DATE
This By-Law shall come into effect on the date it is passed by Council subject to
compliance with the provisions of The Planning Act, R.S.O. 1990 as amended.
READ A FIRST & SECOND TIME THIS 25TH DAY OF MARCH, 2013.
READ A THIRD TIME & FINALLY PASSED THIS 25TH DAY OF MARCH, 2013.
Original Signed by Mayor Inglis
Original Signed by Clerk Roth
David Inglis
Debra Roth
MAYOR
CLERK
MUNICIPALITY OF BROCKTON COMPRENSIVE ZONING BY-LAW
MARCH 25, 2013
Appendix 'B' MANURE STORAGE AND LIVESTOCK FACILITY CALCULATIONS
Table 1: Calculation of Manure or Material Storage Setback from Watercourses + Open Municipal Drains
Step #1:
Determine the distance from the proposed manure storage to the watercourse/open municipal drain in metres.
Step #2:
Calculate a 'Final Score' using Table 1, by adding the 'Potential for Surface Water Contamination' rating to the 'Distance Rating'
and divide by 2. If the answer is a fraction, round up to the next whole number to get the final rating (for example, 2.5 becomes
3).
Step #3:
If the 'Final Score' is less than 3 or the proposed manure storage is less than 50 metres from the nearest watercourse/open
municipal drain, then the distance from the proposed manure storage to the nearest watercourse/open municipal drain must be
increased and Step 2 re-calculated.
Table 1: Manure or Material Storage - Setback from Watercourses + Open Municipal Drains
Potential for
Surface Water
Contamination
(from Table 5)
Distance from proposed manure storage to nearest
watercourse/open municipal drain1 is _________ metres.
Final Score
If above is 150 m. +
add
4
If above is 76-150 m.
add
3
If above is 50-75 m.
add
2
+
=
÷2
=
Note #1:
Watercourse & Open Municipal Drain is defined in the definitions section of the Comprehensive Zoning By-Law.
MUNICIPALITY OF BROCKTON COMPRENSIVE ZONING BY-LAW
MARCH 25, 2013
Table 2: Calculation of Manure or Material Storage Setback from Water Wells
Step #1:
Determine the distance from the proposed Manure or Material Storage to the nearest water well in metres.
Step #2:
Calculate a 'Final Score' using Table 2, by adding the 'Potential for Ground Water Contamination' rating to the 'Distance Rating'
and divide by 2. If the answer is a fraction, round up to the next whole number to get the final rating (for example, 2.5 becomes
3).
Step #3:
If the 'Final Score' is less than 3 or the proposed storage is less than 15 metres from a drilled well or less than 30 metres from
a bored/dug well, or less than 100 metres from a municipal well then the distance from the proposed manure storage to the
water well must be increased.
Table 2: Manure or Material Storage - Setback from Water Wells
Potential for
Ground Water
Contamination
(from Table 6)
Distance from proposed Manure or Material Storage to nearest water well1 is ____________
metres.
Final
Score
If above is 90 m. + from
any
private
well
or
greater than 300 m from
any municipal well
add
4
If above is 24-90 m. (drilled
well) or 47-90 m. (bored/dug
well) or 151-300 m. (municipal
well)
add
3
If above is 15-23 m. (drilled well)
or 30-46m. (bored/dug well) or
100-150 m. (municipal well)
add
2
+
=
÷2
=
Note #1:
Water Well is defined in the definitions section of the Comprehensive Zoning By-Law.
MUNICIPALITY OF BROCKTON COMPRENSIVE ZONING BY-LAW
MARCH 25, 2013
Table 3: Calculation of Livestock Facility Setbacks from Watercourses + Open Municipal Drains
Step #1:
Determine the distance from the proposed Livestock or Poultry Facility to the nearest watercourse/open municipal drain in
metres.
Step #2:
Calculate a 'Final Score' using Table 3, by adding the 'Potential for Ground Water Contamination' rating to the 'Distance Rating'
and divide by 2. If the answer is a fraction, round up to the next whole number to get the final rating (for example, 2.5 becomes
3).
Step #3:
If the Final Score is less than 3 or the proposed Livestock or Poultry Facility is less than 50 metres from the nearest
watercourse/open municipal drain, then the distance from the proposed Livestock or Poultry Facility to the nearest
watercourse/open municipal drain must be increased.
Table 3: Livestock or Poultry Facility- Setback from Watercourses/Open Municipal Drains
Potential for
Surface Water
Contamination
(from Table 5)
Distance from proposed Livestock or Poultry Facility to nearest
watercourse/open municipal drain1 is _________ metres.
Final Score
If above is 150+
add
4
If above is 76-150 m.
add
3
If above is 50-75.
add
2
+
=
÷2
=
Note #1:
Watercourse & Open Municipal Drain is defined in the definitions section of the Comprehensive Zoning By-Law.
MUNICIPALITY OF BROCKTON COMPRENSIVE ZONING BY-LAW
MARCH 25, 2013
Table 4: Calculation of Livestock Facility Setbacks from Water Wells
Step #1:
Determine the distance from the proposed Livestock or Poultry Facility to the nearest water well in metres.
Step #2:
Calculate a 'Final Score' using Table 4, by adding the 'Potential for Ground Water Contamination' rating to the 'Distance Rating'
and divide by 2. If the answer is a fraction, round up to the next whole number to get the final rating (for example, 2.5 becomes
3).
Step #3:
If the 'Final Score' is less than 3 or the proposed Livestock or Poultry Facility is less than 15 metres from a drilled well or less
than 30 metres from a bored/dug well, or less than 100 metres from a municipal well then the distance from the proposed
Livestock or Poultry Facility to the well must be increased.
Table 4: Livestock or Poultry Facility - Setback from Water Wells
Potential for
Ground Water
Contamination
(from Table 6)
Distance from proposed Livestock or Poultry Facility to nearest water well1 is ____________
metres.
Final
Score
If above is 90 m. + from
any
private
well
or
greater than 300 m from
any municipal well
add
4
If above is 24-90 m. (drilled
well) or 47-90 m. (bored/dug
well) or 151-300 m. (municipal
well)
add
3
If above is 15-23 m. (drilled well)
or 30-46m. (bored/dug well) or
100-150 m. (municipal well)
add
2
+
=
÷2
=
Note #1:
Water Well is defined in the definitions section of the Comprehensive Zoning By-Law
Table 5: Potential for Surface Water Contamination
MUNICIPALITY OF BROCKTON COMPRENSIVE ZONING BY-LAW
MARCH 25, 2013
Hydrologic Soil
Group
Topography (slope class)
Potential for Surface
Water Contamination
Level (less than 2%)
Sloping (2-5%)
Hilly (greater than 5%)
Fast (Sand)
4 - Very Low
4 - Very Low
3 - Low
Moderate (Loam)
3 - Low
3 - Low
2 - Mod
Slow (Clay Loam)
2 - Mod
2 - Mod
1 - High
Very Slow (Clay)
1 - High
1 - High
1 - High
MUNICIPALITY OF BROCKTON COMPRENSIVE ZONING BY-LAW
MARCH 25, 2013
Table 6: Potential for Ground Water Contamination
Hydrologic Soil Group
Depth to Water Table
Potential for
Ground Water
Contamination
Less than 0.9 m.
0.9-4.6 m.
4.7-13.7 m.
More than 13.7 m.
Bedrock (within 0.9 m.)
1 - High
1 - High
1 - High
1 - High
Muck/Organic
1 - High
--
--
--
Fast (Sand)
1 - High
1 - High
1 - High
2 - Mod
Moderate (Loam)
1 - High
1 - High
2 - Mod
3 - Low
Slow (Clay Loam)
1 - High
2 - Mod
3 - Low
4 - Very Low
Very Slow (Clay)
1 - High
3 - Low
4 - Very Low
4 - Very Low
MUNICIPALITY OF BROCKTON COMPRENSIVE ZONING BY-LAW
MARCH 25, 2013
Guidelines for Table 6:
1. If bedrock or ground water is within 0.9 metres of the soil surface or the soil type is muck/organic, the potential for ground water
contamination will always be high.
2. To determine the 'hydrologic soil group' (soil texture) for the soil at the site either obtain the soil texture from soil maps or conduct a field
evaluation and select one of the four types listed.
3. The following methods may be used to determine ground water depth (water table):
+ digging a post hole in early spring often reveals the depth to the water table where a high water table exists. The depth to the water
level in a dug well is a good indicator but do not use the static level in drilled wells.
+ if the water table cannot be found, use the 0.9-4.6 metre 'depth to ground water'.
Reference: Adapted from the "Environmental Farm Plan, Second Edition, 1996" Ontario Farm Environmental Coalition, Toronto, ON.