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MUNICIPALITY OF BROOKE-ALVINSTON
Zoning By-law 9 of 2013
County of Lambton Planning Department
Office Consolidation April 2026
ZONING BY-LAW AMENDMENTS
Date
By-law No.
Passed
Description
Status
B/L 27 of 2014
June 24, 2014
David & Annette MacKellar
Signed By-law
3973 Ebenezer Road
A1 to ND-A
B/L 50 of 2016
Oct. 13, 2016
John & Mary Vanderwal
Signed By-law
8066 Centre Street
I1 to R3(2)
B/L 26 of 2017
May 25, 2017
Roger Buurma
Signed By-law
3884 Nauvoo Road
A-1 to ND-A
B/L 38 of 2017
August 10, 2017 Shea Farms Limited
Signed By-law
6924 Lasalle Line
A1 to ND-A
B/L 27 of 2018
May 10, 2018
Municipal
Signed By-law
Shipping Container Provisions
B/L 28 of 2018
May 10, 2018
Municipal
Signed By-law
3248 & 3250 River Street
R1 to R3
B/L 11 of 2019
Feb. 14, 2019
Shea Farms Limited
Signed By-law
7572 Petrolia Line
A1 to ND-A
ZONING BY-LAW AMENDMENTS
Date
By-law No.
Passed
Description
Status
B/L 25 of 2019
April 11, 2019
Gary Mitchell
Signed By-law
8813 Churchill Line
A1 to ND-A
B/L 40 of 2019
July 25, 2019
Municipal
Signed By-law
6505 James Street
C1 to C1(2)
B/L 57 of 2019
Dec. 12, 2019
Roger & David Buurma
Signed By-law
7162 Lasalle Line
A1 to C3
B/L 9 of 2020
Feb. 14, 2020
Cob Roller Farms
Signed By-law
6924 Aberfeldy Line
A1 to ND-A
B/L 49 of 2020
Dec. 10, 2020
KT Excavating (Ontario) Inc
Signed By-law
8075 Railroad Line
R1 to R3
B/L 11 of 2021
March 11, 2021
Everett Thorne
Signed By-law
4636 Sutorville Road
A1 to ND-A
B/L 30 of 2021
June 24, 2021
Scott McPhail
Signed By-law
6263 Lasalle Line
A1 to ND-A
B/L 33 of 2021
July 8, 2021
Kucera Farm Equipment
Signed By-law
8011 Centre Street
R1 to C2
B/L 52 of 2021
Dec. 9, 2021
Jim & Beth Lucan
Signed By-law
7183 Courtright Line
A1 to ND-A
B/L 34 of 2022
May 26, 2022
Steve Durham
Signed By-law
Between 3114 & 3120 Broadway St.
R1(10)(H) Zone & R1(11)(H)
B/L 36 of 2022
June 9. 2022
Jean-Claude Theriault
Signed By-law
6483 Weidman Line, Inwood
I zone to site-specific C1 (3) zone
B/L 40 of 2022
June 23, 2022
Kevin Tizzard
Signed By-law
3370 Nauvoo Rd, Alvinston
CM(h) to R1 - Special Residential Policy
As per OPA #5
B/L 9 of 2024
February, 2024
Chad Hayter
Signed By-law
3277 Nauvoo Rd
M1 to CM
B/L 54 of 2024
Dec. 12, 2024
Kevin Tizzard
Signed By-law
Brooke CON 5 Pt Lt 18
And Plan 8 Lot 7
R1 to R3(4)
B/L 27 of 2025
June 19, 2025
Calvin Schouten
Signed By-law
3146 Nauvoo Rd
R1-h to R1, R1 to R1-12,
R3 to R3-5 and OS1
B/L 33 of 2025
Sept. 11, 2025
Tim Campbell
Signed By-law
6423 Petrolia Line
A1 to ND-A
B/L 36 of 2025
October 9, 2026 Can Grow Crop Solutions Inc
Signed By-law
3967-3971 Old Walnut Rd
A1 to C3
B/L 16 of 2026
March 12, 2026
Callum Williams & Kelsie Knechtel
Signed By-law
6535 James Street, Inwood
R4 to R3
TABLE OF CONTENTS
SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION ............. 1
1.1 TITLE .................................................................................................................. 1
1.2 APPLICATION .................................................................................................... 1
1.3 SCOPE ............................................................................................................... 1
1.4 REPEAL OF EXISTING BY-LAWS ..................................................................... 1
1.5 VALIDITY / SEVERABILITY ............................................................................... 1
1.6 EFFECTIVE DATE ............................................................................................. 1
1.7 COMPLIANCE WITH OTHER RESTRICTIONS ................................................. 1
1.8 ENTRY AND INSPECTION OF PREMISES ....................................................... 1
1.9 VIOLATIONS AND PENALTIES ......................................................................... 2
1.10 RESTRAINING VIOLATIONS ............................................................................. 2
1.11 LICENSES AND PERMITS ................................................................................. 2
1.12 REQUESTS FOR AMENDMENTS AND FEES ................................................... 2
SECTION 2 - DEFINITIONS ...................................................................................... 3
SECTION 3 - GENERAL PROVISIONS ................................................................... 24
3.1 USES PERMITTED IN ALL ZONES .................................................................. 24
3.1.1 Services and Utilities .................................................................................... 24
3.1.2 Utility Service Buildings and Non-Recreational Public Uses ........................ 24
3.1.3 Public Recreational Uses ............................................................................. 24
3.1.4 Construction Uses ........................................................................................ 24
3.1.5 Pipelines ....................................................................................................... 24
3.1.6 Petroleum Well and Petroleum Work ........................................................... 24
3.1.7 Wind Turbines & Meteorological Masts ...................................................... 26
3.2 USES PROHIBITED IN ALL ZONES ................................................................ 25
3.3 ACCESSORY BUILDINGS, STRUCTURES OR USES .................................... 25
3.3.1 Accessory Buildings, Structures or Uses Permitted ..................................... 25
3.3.2 Structures Permitted in all Yards .................................................................. 25
3.3.3 Accessory Buildings and Structures in Residential Zones ............................ 26
3.3.4 Lot Coverage and Height of Accessory Buildings and Structures in
Residential Zones......................................................................................... 26
3.3.5 Shipping Containers in Agricultural Zones ................................................... 27
3.3.6 Shipping Containers in All Zones ................................................................. 27
3.4 NON-CONFORMING USES ............................................................................. 27
3.5 NON-CONFORMING USES - RESTORATION ................................................ 27
3.6 NON-COMPLYING USES ................................................................................ 27
3.7 DWELLING UNITS ........................................................................................... 28
3.7.1 Yard Provisions For Non-Residential Buildings ............................................ 28
3.7.2 Cellar Location ............................................................................................. 28
3.7.3 Basement Location ....................................................................................... 28
3.8 ADDITION OF SECOND DWELLING UNIT IN SINGLE DETACHED
DWELLINGS .................................................................................................... 28
3.9 LOT DEVELOPMENT REQUIREMENTS ......................................................... 29
3.9.1 Frontage on a Street .................................................................................... 29
3.9.2 More than One Use on a Lot ........................................................................ 29
3.9.3 More than One Zone on a Lot ...................................................................... 29
3.9.4 Number of Main Buildings on a Residential Lot ............................................ 29
3.9.5 Existing Lots ................................................................................................. 29
3.10 HOME OCCUPATIONS .................................................................................... 29
3.10.1All Home Occupations ................................................................................ 29
3.10.2Agricultural Home Industry ......................................................................... 30
3.11 GROUP HOMES .............................................................................................. 30
3.12 HUMAN OCCUPANCY OF TRUCK, BUS AND COACH BODIES OR TRAVEL
TRAILERS, TRUCK CAMPERS,MOTOR HOMES OR TENTS ........................ 30
3.13 PERMITTED ENCROACHMENTS ................................................................... 31
3.13.1Yard Encroachments Permitted .................................................................. 31
3.13.2Building in Built-Up Areas ........................................................................... 31
3.13.3Yard Depth Non-Compliance ...................................................................... 31
3.14 PRIVATE SWIMMING POOLS ......................................................................... 32
3.15 DECK (UNENCLOSED) ................................................................................... 32
3.16 HEIGHT RESTRICTIONS ................................................................................ 32
3.17 OPEN STORAGE REGULATIONS ................................................................... 32
3.18 SPECIAL SETBACK PROVISIONS .................................................................. 32
3.18.1Setbacks from Ditches and Drains .............................................................. 32
3.18.2Sight Triangles ............................................................................................ 33
3.18.3Setbacks from Wind Turbines & Meteorological Masts .............................. 34
3.19 PLANTING STRIPS .......................................................................................... 33
3.19.1Required Location ....................................................................................... 33
3.19.2Width .......................................................................................................... 33
3.19.3Height ......................................................................................................... 34
3.19.4Interruption for Driveway or Walk ................................................................ 34
3.19.5Landscaped Open Space ........................................................................... 34
3.20 SIGNS .............................................................................................................. 34
3.21 ENVIRONMENTAL PROTECTION ZONES ..................................................... 34
3.21.1Environmental Protection Wetland Zone .................................................... 34
3.21.2Environmentally Hazardous Lands ............................................................. 35
3.22 COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO
RESIDENTIAL,INSTITUTIONAL AND OPEN SPACE ZONES ......................... 35
3.23 ACCESS ........................................................................................................... 35
3.24 SETBACK FROM STREET FOR THROUGH LOTS AND CORNER LOTS ...... 35
3.25 CONVERSION OF EXISTING DWELLINGS .................................................... 35
3.26 RAILWAYS ....................................................................................................... 36
3.27 PARKING AREA REGULATIONS .................................................................... 36
3.27.1Requirements ............................................................................................. 36
3.27.2Addition to Existing Use .............................................................................. 39
3.27.3Change of Use ............................................................................................ 41
3.27.4More Than One Use On A Lot .................................................................... 41
3.27.5Location ...................................................................................................... 41
3.27.6Yards Where Parking is Permitted .............................................................. 41
3.27.7Access To Parking ...................................................................................... 41
3.27.8Surface ....................................................................................................... 42
3.27.9Automobile Movement Lanes For Auto Washing Establishment ................ 42
3.27.10 Restrictions In Residential Zones ............................................................ 42
3.27.11 Barrier Free Parking ................................................................................ 42
3.28 LOADING SPACE REGULATIONS .................................................................. 43
3.28.1Spaces Required ........................................................................................ 43
3.28.2Addition To Existing Uses ........................................................................... 43
3.28.3Loading Spaces Maintenance .................................................................... 43
3.28.4Location ...................................................................................................... 43
3.28.5Access ........................................................................................................ 43
3.29 LOTS REDUCED BY PUBLIC ACQUISITION .................................................. 44
3.30 SPECIAL PROVISION FOR THE KEEPING OF LIVESTOCK .......................... 44
3.31 STORAGE OF SPECIAL VEHICLES ................................................................ 44
3.32 WIND TURBINES AND METEOROLOGICAL MASTS .................................. 45
SECTION 4 - ZONES, ZONE SYMBOLS & ZONE MAPS ....................................... 47
4.1 ESTABLISHMENT OF ZONES ......................................................................... 47
4.2 USE OF SYMBOLS .......................................................................................... 47
4.3 HOLDING (H) SYMBOL .................................................................................... 48
4.3.1 The Use of the Holding (H) Symbol .............................................................. 48
4.4 APPLICATION OF ZONES ............................................................................... 48
4.5 INCORPORATION OF ZONING MAP .............................................................. 48
4.6 INTERPRETATION OF ZONING MAP ............................................................. 48
4.7 TABLE A ........................................................................................................... 49
SECTION 5 - AGRICULTURAL 1 (A1) ZONE .......................................................... 50
5.1 PERMITTED USES .......................................................................................... 50
5.2 MINIMUM DISTANCE SEPARATION ............................................................... 50
5.3 AGRICULTURAL 1 (A1) SPECIAL PROVISIONS............................................. 51
5.4 AGRICULTURAL 1 (A1) TEMPORARY USES T............................................... 51
5.4 AGRICULTURAL 1 (A1) ZONE EXCEPTIONS ................................................. 52
SECTION 5A - NO DWELLING AGRICULTURAL (ND-A) ZONE ............................53
5A.1 PROHIBITED USES ..........................................................................................53
5A.2 PERMITTED USES ...........................................................................................53
5A.3 NO-DWELLING AGRICULTURAL (ND-A) SPECIAL PROVISIONS .................53
5A.4 NO-DWELLING AGRICULTURAL (ND-A) ZONE EXCEPTIONS ......................53
SECTION 6 - AGRICULTURAL 2 (A2) ZONE .......................................................... 54
6.1 PERMITTED USES .......................................................................................... 54
6.2 MINIMUM DISTANCE SEPARATION ............................................................... 54
6.3 AGRICULTURAL 2 (A2) SPECIAL PROVISIONS............................................. 54
6.4 AGRICULTURAL 2 (A2) ZONE EXCEPTIONS ................................................. 54
SECTION 7 - RESIDENTIAL 1 (R1) ZONE .............................................................. 55
7.1 PERMITTED USES .......................................................................................... 55
7.2 HOLDING ZONES ............................................................................................ 55
7.3 RESIDENTIAL 1 (R1) ZONE EXCEPTIONS ..................................................... 55
SECTION 8 - RESIDENTIAL 3 (R3) ZONE .............................................................. 58
8.1 PERMITTED USES .......................................................................................... 58
8.2 HOLDING ZONES ............................................................................................ 58
8.3 RESIDENTIAL 3 (R3) ZONE EXCEPTIONS ..................................................... 58
SECTION 9 - RESIDENTIAL 4 (R4) ZONE .............................................................. 61
9.1 PERMITTED USES .......................................................................................... 61
9.2 HOLDING ZONES ............................................................................................ 61
9.3 RESIDENTIAL (R4) ZONE EXCEPTIONS ........................................................ 61
SECTION 10 - CENTRAL COMMERCIAL (C1) ZONE ............................................ 62
10.1 PERMITTED USES .......................................................................................... 62
10.2 REGULATIONS FOR ACCESSORY DWELLING UNITS ................................. 63
10.3 HOLDING ZONES ............................................................................................ 63
10.4 CENTRAL COMMERCIAL (C1) ZONE EXCEPTIONS ..................................... 62
SECTION 11 - HIGHWAY COMMERCIAL (C2) ZONE ............................................ 64
11.1 PERMITTED USES .......................................................................................... 64
11.2 REGULATIONS FOR MOTOR VEHICLE AND AGRICULTURAL
ESTABLISHMENTS ......................................................................................... 65
11.3 HOLDING ZONES ............................................................................................ 65
11.4 HIGHWAY COMMERCIAL (C2) ZONE EXCEPTIONS ..................................... 65
SECTION 12 - RURAL COMMERCIAL (C3) ZONE ................................................. 67
12.1 PERMITTED USES .......................................................................................... 67
12.2 HOLDING ZONES ............................................................................................ 67
12.3 RURAL COMMERCIAL (C3) ZONE EXCEPTIONS .......................................... 67
SECTION 13 - MIXED COMMERCIAL INDUSTRIAL (CM) ZONE .......................... 68
13.1 PERMITTED USES .......................................................................................... 68
13.2 YARDS ABUTTING A RAILWAY RIGHT-OF-WAY ........................................... 68
13.3 HOLDING ZONES ............................................................................................ 68
13.4 MIXED COMMERCIAL INDUSTRIAL (CM) ZONE EXCEPTIONS .................... 68
SECTION 14 - INDUSTRIAL (M1) ZONE ................................................................. 69
14.1 PERMITTED USES .......................................................................................... 69
14.2 YARDS ABUTTING A RAILWAY RIGHT-OF-WAY ........................................... 69
14.3 HOLDING ZONES ............................................................................................ 69
14.4 INDUSTRIAL (M1) ZONE EXCEPTIONS ......................................................... 70
SECTION 15 - LIGHT INDUSTRIAL (M2) ZONE ..................................................... 71
15.1 PERMITTED USES .......................................................................................... 71
15.2 YARDS ABUTTING A RAILWAY RIGHT-OF-WAY ........................................... 71
15.3 HOLDING ZONES ............................................................................................ 71
15.4 LIGHT INDUSTRIAL (M2) ZONE EXCEPTIONS .............................................. 71
SECTION 16- INDUSTRIAL WASTE DISPOSAL (M3) ZONE ................................. 20
16.1 PERMITTED USES .......................................................................................... 72
16.2 HOLDING ZONES ............................................................................................ 72
16.3 INDUSTRIAL WASTE DISPOSAL (M3) ZONE EXCEPTIONS ......................... 72
SECTION 17 - EXTRACTIVE INDUSTRIAL (M4) ZONE ......................................... 73
17.1 PERMITTED USES .......................................................................................... 73
17.2 HOLDING ZONES ............................................................................................ 73
17.3 EXTRACTIVE INDUSTRIAL (M4) ZONE EXCEPTIONS .................................. 73
SECTION 18 - INSTITUTIONAL (I) ZONE ............................................................... 74
18.1 PERMITTED USES .......................................................................................... 42
18.2 HOLDING ZONES ............................................................................................ 74
18.3 INSTITUTIONAL (I) ZONE EXCEPTIONS ........................................................ 74
SECTION 19 - OPEN SPACE 1 (OS1) ZONE REGULATIONS ............................... 75
19.1 PERMITTED USES .......................................................................................... 75
19.2 OPEN SPACE 1 (OS1) ZONE EXCEPTIONS ................................................... 75
SECTION 20- OPEN SPACE 2 (OS2) ZONE REGULATIONS ................................ 76
20.1 PERMITTED USES .......................................................................................... 76
20.2 OPEN SPACE 2 (OS2) ZONE EXCEPTIONS ................................................... 76
SECTION 21 - ENVIRONMENTAL PROTECTION WETLAND (EP-WET) ZONE ... 77
21.1 PERMITTED USES .......................................................................................... 77
SECTION 22 - ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE .. 78
22.1 PERMITTED USES .......................................................................................... 78
22.2 SPECIAL PROVISIONS ................................................................................... 78
SECTION 23 - ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE ......... 79
23.1 PERMITTED USES .......................................................................................... 79
APPENDIX A - MINIMUM DISTANCE SEPARATION I (MDS-I) ............................. 80
MINIMUM DISTANCE SEPARATION II (MDS-II) ........................... 87
1
Municipality of Brooke-Alvinston
Zoning By-law
MUNICIPALITY OF BROOKE-ALVINSTON
ZONING BY-LAW 9 OF 2013
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, Chap. P. 13 as amended from time to time, allows a
governing body of a Municipal Corporation to pass By-laws to regulate the Use of land and the character,
location and Use of Buildings and Structures;
BE IT THEREFORE ENACTED by the Municipal Council of the Municipality of Brooke-Alvinston as follows:
SECTION 1 - ADMINISTRATION, ENFORCEMENT & INTERPRETATION
1.1
TITLE
This By-law shall be known as the Zoning By-law of the Municipality of Brooke-Alvinston.
1.2
APPLICATION
The provisions of this By-law shall apply to all lands within the boundaries of the Municipality.
1.3
SCOPE
No lands shall be used and no Buildings or Structures shall be erected, altered, enlarged or used within the
Municipality except in conformity with the provisions of this By- law.
1.4
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, Chap. P. 13, as amended, or a predecessor thereof, shall be deemed to have been repealed.
1.5
VALIDITY / SEVERABILITY
Should any section, clause 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.
1.6
EFFECTIVE DATE
This By-law shall be deemed to be valid and to have come into force on the day of passing hereof.
1.7
COMPLIANCE WITH OTHER RESTRICTIONS
This By-law shall not reduce any restrictions lawfully imposed by a governmental authority having jurisdiction to
make such restrictions.
1.8
ENTRY AND INSPECTION OF PREMISES
Pursuant to Section 49 of the Planning Act, R.S.O. 1990, Chap. P. 13, as amended, a By-law Enforcement
Officer or a Person acting under his instructions may, at all reasonable times and upon producing proper
identification, enter and inspect any property in respect of which he believes a contravention of this By-law is
occurring.
An officer or any Person acting under instructions shall not enter any room or place actually used as a Dwelling
without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of
entry may be refused and entry made only under the authority of a search warrant issued under Section 158 of
the Provincial Offences Act, R.S.O. 1990, Chap. P.33 as amended.
2
Municipality of Brooke-Alvinston
Zoning By-law
1.9
VIOLATIONS AND PENALTIES
Pursuant to Section 67 of the Planning Act, R.S.O. 1990, Chap. P. 13 as amended, any Person who
contravenes this By-law 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 he was first convicted.
Where a corporation is convicted for contravening this By-law 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.
1.10
RESTRAINING VIOLATIONS
Any violation of this By-law may be restrained by action at the instance of a ratepayer or the Municipality
pursuant to the provisions of Section 327 of the Municipal Act 1990, Chap. M. 45, as amended.
1.11
LICENSES AND PERMITS
No municipal permit, certificate or license shall be knowingly issued, where such is required, for a proposed
Use of land or proposed erection, alteration, enlargement or Use of any Building or Structure which is in
violation of any of the provisions of this By-law. The issuance of any permit, certificate or license shall not,
however, constitute an acknowledgement that the provisions of this By-law have been complied with.
1.12
REQUESTS FOR AMENDMENTS AND FEES
A fee as prescribed by the Corporation's By-law, which sets a tariff of fees, shall accompany every request for
an amendment to this By-law.
3
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 2 - DEFINITIONS
Note: The words, which are capitalized within the text of the definitions and throughout this document, are also
defined.
GENERAL
For the purposes of this By-law, the definitions and interpretations given in this section shall govern.
In this By-law the word "shall" is mandatory. Words in the singular include the plural. Words in the plural
include the single number. Words used in the present tense include the future.
"ABATTOIR" means a Building, Structure, or Lot or part thereof used for the slaughter of Livestock or other
animals for the purpose of processing or rendering.
"ACCESSORY" when used to describe a Use, Building or Structure means a Use, Building or Structure
subordinate, incidental and secondary to the main Use, Building or Structure located on the same Lot
therewith.
"ADULT LIVE ENTERTAINMENT PARLOUR" means any premises or part thereof in which is provided
services appealing to or designed to appeal to erotic or sexual appetites or inclinations, as defined in the
Municipal Act 1990, Chap. M. 45, as amended.
"AGGREGATE STORAGE AREA" means the Use of land for the storage of aggregates for sale or Use.
"AGRICULTURE" means the Use of land, for gain or profit, for the growing of crops, including nursery and
horticultural crops; raising of livestock and other animals for food, or fur, including poultry and fish; aquaculture;
agro-forestry; maple syrup production; apiary and associated on-farm Buildings and Structures.
"AGRICULTURAL" shall have a corresponding meaning. This definition shall include a Farm Produce Outlet.
"AGRICULTURAL HOME INDUSTRY" means an operation or business conducted for gain or profit as an
Accessory Use and located within a Building or Structure, which is part of, or Accessory to, the main farming
operation and shall include Value Added Industry.
"AGRICULTURAL PROCESSING ESTABLISHMENT" means the Use of land, Buildings and Structures for
the processing and storage of Agricultural produce, such as a feed and grain mill.
"AGRICULTURAL IMPLEMENT SALES ESTABLISHMENT" means land, Structure or Building used for the
display and sales of new and/or second hand farm implements and includes the servicing, repair, cleaning,
polishing and greasing of farm implements, the sale of accessories and related products and the leasing or
renting of farm implements.
"AGRICULTURAL SERVICE ESTABLISHMENT" means an Establishment other than a Motor Vehicle Use,
that provides a non-Personal service or craft which supports the Agricultural industry, including but not
necessarily restricted to, farm drainage and excavation, well drilling, contracting and trades related to Farm
Buildings Structures and equipment, custom spray, tillage, planting and harvesting services.
"AGRICULTURAL SUPPLY ESTABLISHMENT" means the Use of land, Buildings or Structure for the sale
and/or storage of seeds, fertilizers, farm equipment or other goods or materials used in Agriculture.
"AISLE" means the area used by Motor Vehicles for access to and from all off-street parking spaces, but does
not include an access driveway.
"ALTER" when used in reference to a Building, Structure or part thereof, means to change any one or more of
the internal, or external dimensions of such Building or Structure 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 area,
frontage or depth thereof; to change the width, depth or area of any Required Yard, Landscaped Open Space
or Parking Area; or to change the location of any boundary of such Lot with respect to a Street or Lane whether
such alteration is made by conveyance of any portion of such Lot, or otherwise. "Altered" and "Alteration" shall
have corresponding meanings.
4
Municipality of Brooke-Alvinston
Zoning By-law
"ANIMAL HOSPITAL" means a Building and land where animals are treated by a veterinarian and may
include the following facilities: a reception area; an examination room/treatment area; a pharmacy; a
laboratory; a Library; radiology equipment; supplies for the administering of anaesthesia; surgical preparation
area; operating room; and provisions for the confinement and long term treatment of animals. An Animal
Hospital may include facilities for the performance of autopsy.
"ANTENNA" means the Use of land, Buildings or Structures for the purpose of sending or receiving
electromagnetic waves.
"ART GALLERY" means a Building or part thereof where works of art such as paintings, sculpture, pottery,
glass and weaving are displayed for public viewing and may include sales of art and/or art supplies.
"ASPHALT BATCHING PLANT" means an Industrial establishment used for the production of asphalt, or
asphalt products used in Building or construction and includes facilities for the administration and management
of the business, the stockpiling of bulk materials used in the production process or a finished product
manufactured on the premises and the storage and maintenance of required equipment, but does not include
the Retail sale of finished asphalt. "PORTABLE ASPHALT PLANT" means a temporary asphalt batching
plant established for a public road project.
"ASSEMBLY HALL" means a Building or part of a Building used for the assembly of Persons for religious,
civic, charitable, philanthropic, cultural, private recreational or private educational purposes.
"ATTACHED" means a Building otherwise complete in itself which depends for structural support, or complete
enclosure, upon a division wall or walls shared in common with an adjacent Building or Buildings. Buildings
connected by a Breezeway or similar Structure shall be deemed to be attached.
"ATTIC" means that portion of a Building situated wholly or partly within the roof of such Building and which is
not a One-Half Storey.
"AUCTION HALL" means a Building or Structure where a public sale is conducted by an auctioneer through a
series of competing bids and may include the storage of such articles to be sold at auction.
"AUDITORIUM" means a Building or Structure where facilities are provided for athletic, civic, educational,
political, religious or social events. This definition may include an arena, Community Centre, gymnasium,
stadium, Theatre or similar Use.
"BAKERY" means a Building for producing, mixing, compounding or baking bread, biscuits, cakes or other
baked products.
"BAKE SHOP" means a Retail store where bakery goods are offered for sale, some or all of which may be
prepared on the premises.
"BALCONY" means a platform projecting from a Building enclosed by a railing or other barrier.
"BANK" means any Federally or Provincially chartered financial institution or business. This definition
includes a Credit Union or Caisse Populaire.
"BASEMENT" means that portion of a Building between two floor levels which is partly below Finished Grade
level but which has at least one-half of its height (measured from finished floor to finished ceiling) above
adjacent Finished Grade level.
"BED AND BREAKFAST ESTABLISHMENT" means a Home Occupation within a Single Detached Dwelling
in which no more than three (3) Guest Rooms are made available by a resident of the said Dwelling for
temporary accommodation of travellers. Meals or food are served only to overnight guests. The definition
does not include a Hotel, Motel, Boarding House or Restaurant.
"BINGO HALL" means a Building used for the assembly of Persons for the playing of Bingo. This Use shall
not include any other Recreational Use as defined in this By-law.
"BOARDING HOUSE" see "DWELLING".
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Municipality of Brooke-Alvinston
Zoning By-law
"BREEZEWAY" means a roofed, open or enclosed passage connecting two or more Buildings.
"BREWING ON PREMISES ESTABLISHMENT" means a commercial establishment where individuals
produce beer, wine and/or cider, for Personal consumption off the premises; and where beer, wine and/or cider
ingredients and materials are purchased. Equipment and storage area is used for a fee by the same
individuals.
"BUILDING" means a Structure whether temporary or permanent, used or intended for sheltering any Use or
occupancy but shall not include a boundary wall, fence, Travel Trailer, camping trailer, truck camper, Motor
Home, or tent. This definition may include a roof supported by columns or walls.
"BUILDING ENVELOPE" means the portion of a lot remaining after required front, rear and side yards have
been provided.
"BUILDING HEIGHT" means the vertical distance between the ground floor and the highest point of the
Building proper, exclusive of any Accessory roof Structures such as antennae, chimney, steeple or tower.
"BUILDING, MAIN" means the Building or Buildings designed and/or intended to accommodate the principal
Use Permitted by this By-law.
"BUILDING OR CONTRACTING ESTABLISHMENT" means a premises used for the purposes of undertaking
or managing activities engaged in maintaining and Building new Structures, or works, additions or renovations
and typically includes the offices of general Building contractors, general Building contractors, specialized
trades and Building maintenance services such as window cleaning and extermination services and may
include a showroom and/or display area open to the general public. Also included is the prefabrication of
Building equipment and materials and wrecking and demolition contractors' offices, but does not include
salvage yards.
"BUILDING SUPPLY ESTABLISHMENT" means a Building or Structure in which Building or construction and
home improvement materials are offered or kept for Retail sale and may include the fabrication of certain
materials related to home improvement.
"BULK FUEL DEPOT" means the Use of land, Buildings or Structures for the purpose of storing fuels for
distribution.
"BULK SALES ESTABLISHMENT" means the Use of land, Buildings or Structures for the purpose of buying
and selling lumber, wood, Building materials, feed, fertilizer, and allied commodities, but does not include
manufacturing or processing.
"BUSINESS SERVICE ESTABLISHMENTS" means an establishment primarily engaged in providing services
to business establishments on a fee or contract basis, including advertising and mailing, Building maintenance,
employment services, protective services, and small equipment rental, leasing and repair.
"CAMPGROUND" means land used for the parking of Travel Trailers, tent-trailers, tents or similar
transportable accommodation, but not including a Mobile Home as defined in this By-law.
"CANOPY" means a roof free of enclosing walls.
"CARPORT" means an Accessory covered Structure attached to the wall of the main Building and used for the
storage of passenger Motor Vehicles wherein neither servicing for profit is conducted nor storage of
commercial vehicles in excess of 2,270 kilograms gross weight occurs. The roof of said Structure shall be
supported only by piers or columns so that a portion of its wall area is unenclosed.
"CELLAR" means that portion of a Building between two floor levels which has more than fifty percent of its
height from finished floor to finished ceiling below adjacent Finished Grade level.
"CEMETERY" means land that is set apart or used as a place for the interment of the deceased or in which
human bodies have been buried and may include a crematorium, mausoleum and a columbarium.
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Municipality of Brooke-Alvinston
Zoning By-law
"CHURCH" means a Building used by a religious organization for public worship, and may include a rectory or
manse, church hall, Day Nursery or religious school associated with or Accessory thereto.
"CLINIC" means a Building or part thereof, used exclusively by physicians, dentists, drugless practitioners,
their staff and their patients for the purpose of consultation, diagnosis and office treatment. Without limiting the
generality of the foregoing, a clinic may include administrative offices, waiting rooms, treatment rooms,
laboratories, pharmacies and dispensaries directly associated with the Clinic, but shall not include
accommodation for in-patient care or operating rooms.
"CLUSTER HOUSING" see "DWELLING".
"COMMERCIAL GARAGE" means an establishment or premises where Commercial Motor Vehicles are
stored or where Vehicles are repaired or maintained.
"COMMERCIAL GREENHOUSE" means a Building or Structure used for the growing of flowers, plants,
shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same Lot
containing such Building or Structure, but are sold directly from such Lot at Wholesale or Retail.
"COMMERCIAL RECREATION ESTABLISHMENT" means a Building, or part thereof, used for the purpose
of an arena, auditorium, assembly hall, billiard or pool room, bingo hall, gym or fitness centre, ice or roller rink,
indoor swimming pool, and all places of amusement, but not including an amusement games establishment,
cinema or other theatre, drive-in theatre or amusement park.
"COMMERCIAL STORAGE" means the storage, for hire or gain, of goods, merchandise, materials or
equipment in an enclosed Building other than a Temporary Building but shall not include a Warehouse.
"COMMERCIAL USE" means the Use of land, Buildings or Structures for the purpose of buying, renting or
selling commodities and supplying services, but does not include an Industrial Use.
"COMMUNITY CENTRE" means land, Buildings or Structures used for community activities, including
Recreational and Institutional Uses.
"CONSERVATION" means the Use of land and/or water for the purpose of planned management of natural
resources, including woodlot management, and for the preservation and enhancement of the natural
environment.
"CONVENIENCE STORE" means a Retail Store supplying groceries and other daily household necessities to
an immediate surrounding residential area, and may include the rental of videos, the heating of pre-packaged
food, an automated banking machine and/or depots for such items as film, laundry or dry cleaning.
"CONVERTED DWELLING" see "DWELLING".
"CORPORATION" means the Corporation of the Township of Brooke-and the Corporation of the Village of
Alvinston.
"COUNCIL" means the Councils of the Corporation of the Township of Brooke and the Corporation of the
Village of Alvinston.
"COUNTY" means the Corporation of the County of Lambton.
"COURT" means an open, unoccupied space adjoining a Building, such space being bounded on two or more
sides by walls of the said Building.
"CRUSHING PLANT" means an industrial establishment where aggregate is processed through a crushing
and sorting operation into various grades of gravel.
"DANGEROUS GOODS" means explosives, flammable or combustible liquids or gases, toxic substances,
radioactive material, corrosives or any other product or substance that is considered dangerous to life when
handled or transported.
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Municipality of Brooke-Alvinston
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"DATA PROCESSING ESTABLISHMENT" means a building, or part thereof, used for input, processing and
printing of computerized data.
"DAY NURSERY" as defined in the Day Nurseries Act, R.S.O. 1990, Chap. D.2, as amended, means a
premises that receives more than five (5) children who are not of common parentage, primarily for the purpose
of providing temporary care and/or guidance, for a continuous period not exceeding twenty-four hours, where
the children are under eighteen years of age in the case of a Day Nursery for children with a developmental
handicap and under ten years of age in all other cases.
"DECK (UNENCLOSED)" means a Structure without a roof or walls, having footings situated a minimum of
0.2 metres above grade, and may be attached to or abutting one or more walls of a Building or constructed
separate from a Building. Deck (Unenclosed) is subject to the provisions of Section 3.15 of this By-law.
"DERELICT MOTOR VEHICLE" means a Motor Vehicle that is unlicensed and/or inoperative and is not in an
enclosed Building.
"DETACHED" means totally separate and in no way connected.
"DRY CLEANING DEPOT" means a Building, or part thereof for the purpose of receiving articles or goods of
fabric to be subjected, off the premises, to a process of dry cleaning or dyeing. Such establishment may also
be used for pressing and/or distributing any article or good of fabric received at such an outlet.
"DRY CLEANING ESTABLISHMENT" means a Building, or part thereof, where dry cleaning, dye drying,
cleaning, or pressing of articles or goods of fabric is performed, and in which only non-combustible and non-
flammable solvents are used, emitting no odours, fumes, noise, or vibration which would cause a nuisance or
inconvenience within or outside the premises.
"DUPLEX DWELLING" see "DWELLING".
"DUPLICATING SHOP" means a premises engaged in reproducing drawings, plans, maps or other copy, by
blueprinting, photocopying or small offset process.
"DWELLING" means a Building or part thereof used or intended, adapted or designed to be used, occupied or
capable of being occupied, as a home, residence or sleeping place for one or more Persons having a right to
the exclusive Use thereof, but shall not include any Travel Trailer, Hotel, Motel, Private Garage, a Home for the
Aged, Nursing Home, Hospital, or living quarters for a caretaker, watchman or other Persons or Persons using
living quarters which are Accessory to a non-residential Use.
a) "BOARDING HOUSE" means any Building or part thereof in which the proprietor resides and supplies for
hire or gain to not more than six Persons exclusive of the lessee or owner thereof or members of his family,
lodging and/or meals, but shall not include a Hotel, Motel, Bed and Breakfast Establishment, Hospital, or
Nursing Home.
b) "CLUSTER HOUSING" means a group or groups of Dwelling Units which may be in various forms, and so
located on a lot that each Dwelling Unit may not have frontage on a public Street or road and more than
one Dwelling Unit may exist on one Lot. Cluster Housing development shall have frontage on a public
Street.
c) "CONVERTED DWELLING" means a lawfully established Single Detached Dwelling which is altered or
converted so as to provide two additional Dwelling Units.
d) "DUPLEX DWELLING" means a Dwelling divided horizontally into two (2) separate Dwelling Units, each of
which has an independent entrance.
e) "FARM DWELLING" means a Single Detached Dwelling which is Accessory to an Agricultural Use. (B/L
15/2005)
f) "GROUP HOME-TYPE 1" means a residential Dwelling in which three to ten unrelated residents live under
responsible supervision consistent with the requirements of its residents. "Residents" excludes staff or
receiving family. This does not include a Group Home Type.
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Municipality of Brooke-Alvinston
Zoning By-law
"GROUP HOME TYPE 2" means a residence maintained and operated primarily for: Persons who have
been placed on probation under the provisions of Acts such as the Criminal Code. R.S., Chap. C-46, as
amended, The Young Offenders Act. R.S., Chap. Y-1, as amended, The Ministry of Correctional Services
Act, R.S.O., 1990, Chap. M.22, as amended and the Parole Act. R.S., Chap. P-2, as amended. The
number of Persons residing therein shall be up to eight excluding staff.
g) "MODULAR HOME" means a prefabricated Single Detached Dwelling designed to be transported once
only to a final location and constructed so as the shortest side of such Dwelling is not less than 6.0 metres
in width.
h) "MOBILE HOME, DOUBLE WIDE" means a C.S.A. approved, factory built Dwelling occupied or designed
for occupancy on a permanent basis, towed or designed to be towed in two or more separate sections with
each section on its own chassis and joined together to form one Dwelling Unit and placed on a permanent
foundation with or without a Basement or Cellar and connected or designed to be connected to Public
Utilities, but shall not include a Double Wide Mobile Home or a Travel Trailer.
i) "MOBILE HOME, SINGLE WIDE" means a C.S.A. approved, factory built Dwelling occupied or designed
for occupancy on a permanent basis having a Floor Area not less than sixty-five (65) square metres,
designed to be towed on its own chassis, notwithstanding that its running gear is or may be removed,
placed or designed to be placed on permanent foundations, and connected or designed to be connected
to Public Utilities, but shall not include a Double Wide Mobile Home or a Travel Trailer.
j) "MULTIPLE DWELLING" means a Building on a Lot used or designed as a residence and containing four
(4) or more Dwelling Units all of which have access from a common corridor or hallway and/or an
independent entrance from the outside. All of the Units in a "Multiple Dwelling" must be "Dwelling Units",
as defined in this By-law. It shall not, however, include any other Dwelling otherwise defined herein or
specifically named elsewhere in this By-law.
k) "NON-FARM RESIDENTIAL" shall mean a Single Detached Dwelling not Accessory to an Agricultural
operation.
l) "PARK MODEL HOME" means a manufactured Building used or intended to be used as a seasonal
recreational Building of residential occupancy designed and constructed in conformance with CAN/CSA-
Z241 Series-M, "Park Model Trailers".
m) "SINGLE DETACHED DWELLING" means a detached Dwelling on a Lot containing only one (1) Dwelling
Unit or containing one Dwelling Unit plus a second Dwelling Unit established under Section 3.8 of this By-
law.
n) "SEMI-DETACHED DWELLING" means one (1) of a pair of single Dwellings, divided vertically in whole or
in part above Grade, below Grade, or both above and below Grade. This definition includes a link home.
o) "STREET TOWNHOUSE" means a Townhouse with each Unit on a separate lot.
p) "TOWNHOUSE" means the whole of a Dwelling divided vertically into three (3) or more separate Dwelling
Units, each such Dwelling Unit having an independent entrance directly from outside the Building.
q) "SEASONAL HOUSING" means a Dwelling used or intended, adapted or designed to be used as a home,
residence or sleeping place during any portion of the year except winter months by seasonal or migrant
workers and/or families. Seasonal housing is accessory to a labor-intensive agricultural use on the same
lot.
r) "SECOND DWELLING UNIT" shall mean a second dwelling unit pursuant to Subsection 35.1 (1) of the
Planning Act that is ancillary to the principle dwelling or within a building that is accessory and ancillary to
the principle dwelling on the same lot.
s) "TRIPLEX DWELLING" means the whole of a Dwelling divided horizontally into three (3) separate
Dwelling Units, each such Dwelling Unit having an independent entrance from the outside or from a
common hallway or stairway inside the Building.
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Municipality of Brooke-Alvinston
Zoning By-law
"DWELLING UNIT" means a suite of two (2) or more Habitable Rooms, in which sanitary conveniences are
provided and in which facilities are provided for cooking or for the installation of cooking equipment, and with
an independent entrance, either directly from outside the Building or from a common corridor inside the
Building. This definition shall not include a Motor Home, a Private Garage or a Travel Trailer.
"DWELLING UNIT AREA" means the habitable area contained within the inside walls of a Dwelling Unit,
excluding any Private Garage, Carport, Porch, verandah, unfinished Attic, Cellar or sun room (unless such sun
room is habitable in all seasons of the year), and excluding common hallways, common stairways or other
common areas.
"EASEMENT" means a right or privilege that one has over the lands of another, registered on title to the said
lands under the Registry Act, R.S.O. 1990, Chap. R.20, as amended, and may pertain to access rights above,
below or on the said lands.
"ERECT" means to build, construct, reconstruct or relocate and, without limiting the generality of the word,
also includes:
a)
any preliminary operation such as excavation, infilling or draining;
b)
altering any Existing Building or Structure by an addition, enlargement, extension or other structural
change; and
c)
any work which requires a Building permit.
"ESTABLISHED BUILDING LINE" means the minimum Setback required for a Building on a lot that is
between two adjacent lots within the same Zone, on which are located Existing Buildings not more than 100
metres apart, and shall be calculated using the average of the established Setbacks on the said adjacent lots,
provided that no Setback requirement calculated in accordance with this definition shall exceed the applicable
Setbacks required of the appropriate Zone provisions.
"EXISTING" means Existing on the date of passing of this By-law.
"EXTRACTIVE USE" means the Use of land licensed under the Aggregate Resources Act, R.S.O. 1990,
Chap. A.8, as amended, for the removal of gravel, stone, sand, or other similar substance for construction,
industrial or manufacturing purposes, and includes Accessory Uses, Buildings or Structures. Permitted
Accessory Uses include the blending of recovered materials which are brought to the Extractive Use.
"FARM DWELLING" see "DWELLING".
"FARM PRODUCE OUTLET" means a Use, Accessory to a Permitted Farm, which consists of the Retail sale
of Agricultural products produced on the Farm where such outlet is located.
"FARMERS MARKET" means a Building, part of a Building, or an open area where Agricultural produce is
offered or temporarily stored for Retail sale on the site by more than one vendor.
"FARM PRODUCE PROCESSING ESTABLISHMENT" means the Use of land, Buildings or Structures where
Agricultural produce, including meat and poultry products, are prepared or packaged and from which such
produce and products are shipped to a Wholesale or Retail outlet.
"FINISHED GRADE" means the average elevation between the highest and lowest point of the finished
surface of the ground measured around the perimeter of the base of a Building or Structure exclusive of any
embankment in lieu of steps.
"FLEA MARKET" means the occasional or periodic market held in an open area or in a Building or Structure,
where groups of individual sellers display and offer goods for sale to the public, but does not include a Garage
Sale.
"FLOOR AREA, GROSS" in the case of a Dwelling, means the sum total area of the floors excluding internal
Parking Areas in the Building or Buildings on a site measured from the exterior walls or from the centre line of
common walls separating the Buildings provided that where the Floor Area is within a roofed Structure without
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Municipality of Brooke-Alvinston
Zoning By-law
exterior walls the Gross Floor Area shall be the area covered by the roof, or in the case of a Building other than
a Dwelling, means the aggregate of the area of all floors devoted to Retail sales, customer service and/or office
Use measured from the outside face of exterior walls but shall not include mezzanine areas, mechanical
rooms, common halls, stairwells, garbage and electrical rooms and parking Structures.
"FLOOR AREA, GROUND" means the area of a Building or Structure measured from the outside of its
exterior walls at Grade and exclusive of any attached Accessory Building, terrace, unenclosed sun room, Deck,
Porch or verandah.
"FORESTRY" means the Use of land for the care, cultivation and maintenance of trees for profit or gain.
"FUNERAL HOME" means a Building or Structure designed for the purpose of furnishing funeral supplies and
services to the public and includes facilities intended for the preparation of the dead human body for interment
or cremation and may include a chapel for funeral purposes.
"FURTHER CONTRAVENE" means the making of an addition to an Existing Non-Complying Building or
Structure, any part of which addition does not comply with the required Setbacks or any other provision of this
By-law.
"GARAGE SALE" means an occasional sale held by the occupants of a Dwelling Unit on their own premises,
of household goods and not merchandise which was purchased for resale or obtained on consignment.
"GARDEN CENTRE" means the Use of land, Buildings or Structures for the purpose of buying, selling and
raising plants, shrubs and trees and includes the storage and sale of products generally used for landscaping
and gardening purposes.
"GAS BAR" means one or more fuel pumps for the sale of motor fuels, and related products for Motor
Vehicles, together with the necessary pump islands, propane transfer facility, light standards, kiosk, concrete
aprons, canopy, storage tanks and related facilities required for the dispensing of fuel.
"GAS COMPRESSOR STATION" means the Use of land, Buildings or Structures for the storage, regulation of
flow and distribution of natural gas.
"GASOLINE RETAIL FACILITY" means a premises where the Retail sale of fuel or lubricants, including
propane for Motor Vehicles constitutes either the sole Use, such as a Gas Bar, or an Accessory Use, such as a
Gasoline Pump Island. This definition shall not include a Motor Vehicle Service Establishment.
"GIFT SHOP" means a retail store specializing in the sale of ornaments, cards, magazines and
confectionaries.
"GOLF COURSE" means a public or private area designed and operated primarily for the purpose of playing
golf.
"GOLF COURSE, MINIATURE" means a Use which provides facilities designed and operated primarily for
what is commonly known as miniature golf but does not include a Golf Driving Tee or Range or a Golf Course
as defined herein.
"GOLF DRIVING TEE OR RANGE" means a Use which provides facilities designed and operated primarily for
the practising of golf shots but does not include Miniature Golf Courses or Golf Courses as defined herein.
"GRAIN ELEVATOR" means a Building or Structure used for the storage of grain.
"GROUP HOME-TYPE 1" see "DWELLING".
"GROUP HOME-TYPE 2" see "DWELLING".
"GUEST ROOM" means a room or suite of rooms which contain no facilities for cooking or for the installation
of cooking equipment and which is used or designed for gain or profit by providing accommodation to the
travelling or vacationing public.
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Municipality of Brooke-Alvinston
Zoning By-law
"HABITABLE ROOM" means a room within a Dwelling Unit designed to provide living, dining, sleeping,
bathroom or kitchen accommodation for Persons. This definition shall not include any Private Garage, Carport,
Cellar, unheated Porch or verandah, unfinished Attic, unfinished Basement, or any space used for the service
and maintenance of a Dwelling or for vertical travel between storeys.
"HEALTH/RECREATIONAL FACILITY" means a Private Club or public facility (athletic, health or
recreational), including uses such as reducing salons and weight control establishments, game courts,
exercise equipment, locker rooms, jacuzzi and/or sauna and pro shop.
"HOLDING PROVISIONS" can be applied to lands to delay their development until specific conditions have
been fulfilled. The Planning Act, as amended, enables Council to place these restrictions on the Use of land.
Holding provisions are depicted by the letter (H) which can be added as a suffix to any Zone symbol. The
Council will remove the (H) symbol, once conditions for the proper development of the affected lands are
satisfied.
"HOME FOR THE AGED" means a Home for the Aged established or maintained under the Homes for the
Aged and Rest Homes Act, as amended, or a Rest Home established and maintained under the same Act.
"HOME OCCUPATION" means any occupation conducted for gain or profit as an Accessory Use within a
Permitted Dwelling or a Permitted Dwelling Unit. This definition does not include an Agricultural Home
Industry.
"HOSPITAL" means any institution, Building or other premises or place established for the treatment of
Persons afflicted with or suffering from sickness, disease or injury or for the treatment of convalescent or
chronically ill Persons which is approved under The Public Hospitals Act, as amended, as a public hospital.
This definition shall also include a "PRIVATE HOSPITAL", as defined in the Private Hospitals Act, as
amended, which means a Dwelling in which four (4) or more patients are or may be admitted for treatment.
"HOTEL" means a Building in which a minimum of four (4) Guest Rooms are provided for transient lodgers,
and may include dining and other public rooms, provided that each Guest Room may be entered from inside or
outside of the Building.
"HOUSEKEEPING UNIT" means a group of people under one tenancy agreement with a single payment, as
opposed to a boarding, lodging, or rooming house, and no occupant has exclusive possession of any part of
the unit, there are no individual leases and everyone has equal access to all areas and share areas as a in a
traditional family.
"INDUSTRIAL USE" means the Use of land, Structures or Buildings for each or any of the following
operations:
a)
the carrying on of any process of manufacture whether or not a finished article results therefrom;
b)
the dismantling and separating into parts of any article, machinery or vehicle, but not including an auto
wrecking establishment;
c)
the breaking up of any articles, goods or machinery;
d)
the treatment of waste materials of all descriptions;
e)
the recovery and processing of sand, gravel, clay, turf, soil, rock, stone or similar substances;
f)
the repairing and servicing of vehicles, machinery and Buildings; and may include;
i)
the storage of goods used in connection with or resulting from any of the above operations;
ii)
the provisions of amenities for Persons engaged in such operations;
iii)
the sale of goods resulting from such operations; and
any work of administration or accounting in connection with the undertaking;
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Municipality of Brooke-Alvinston
Zoning By-law
and without limiting the generality of the foregoing, includes any Industry particularly defined in this By-law,
but does not include a "Home Occupation" or "Agricultural Home Industry".
"INDUSTRIAL USE, DRY" means any Use Permitted by the applicable Zone where water is only required for
employee washrooms and eating facilities, cooling or pressure testing of equipment, the washing of Accessory
vehicles and similar ancillary Uses and not for processing.
"INDUSTRIAL USE, GENERAL" means any Industrial Use other than a Service Shop, a Light Industrial Use,
or an Offensive Industrial Use.
"INDUSTRIAL USE, LIGHT" means any Industrial Use in which the Building or the Structure thereby occupied
or employed, the processes carried on, the material used or stored, the machinery employed and the
transportation of materials, goods and commodities to and from the premises will not cause injury to or
prejudicially affect the amenity of the locality by reason of the appearance of such Building, Structure or
materials or by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust,
waste paper, waste products, grit, oil or otherwise.
"INDUSTRIAL USE, OFFENSIVE" means any business or industry which by reason of the process involved or
the method of manufacture or the nature of the material or goods used, produced or stored is likely to cause or
causes by reason of destructive gas or fumes, dust, objectionable odour, noise or vibration, or unsightly
storage of goods, wares, merchandise, salvage, junk, waste or other material, a condition which may be or
become hazardous or injurious as regards health or safety or which prejudices the character of the
neighbourhood or interferes with or may interfere with the normal enjoyment of any land, Building or Structure.
"INSTITUTIONAL USE" means the Use of any land and/or Building or part thereof by a government,
educational, charitable or non-profit organization in the carrying out of its function and without limiting the
generality of the foregoing, shall include municipal offices, Libraries, fire halls, Churches, Hospitals, Schools,
Community Centres, Private Clubs and Assembly Halls.
"KENNEL" means any premises on which four or more domesticated animals over four months of age are
kept, bred, trained, or boarded and may be kept for sale.
"LABORATORY" means a Building, or part thereof, used for scientific, medical and/or research purposes.
"LANDSCAPED OPEN SPACE" means the open, unobstructed space, on a Lot, accessible by walking from
the Street on which the Lot is located and which is maintained and suitable for the growth and maintenance of
grass, flowers, bushes, trees and other landscaping. This definition may include any surfaced walk, patio,
Deck or similar area provided that such surfaced walk, patio, Deck or similar Structure is not more than 40% of
the Open Space area, but shall not include any driveway or ramp, whether surfaced or not, nor any curb,
retaining wall, or any Parking Area; nor any Open Space beneath or within a Building or Structure.
"LANE" means a private thoroughfare which affords only a secondary means of access for vehicular traffic to
abutting Lots and which is not intended for general traffic circulation.
"LAUNDROMAT" means an establishment containing one or more washers, and could include drying, ironing,
finishing and incidental equipment, provided that only water, soaps and detergents are used and provided that
no such operation shall emit any noise or vibrations which cause a nuisance or inconvenience within or without
the premises. This definition may include a self-service coin operated Laundromat.
"LAUNDRY PLANT" means a Building or a Structure in which the business of a laundry is conducted in which
only water and detergent is used, and where the drying, ironing and finishing of such goods are conducted.
"LIBRARY" means a Library, branch Library or distribution station to which the provisions of The Public
Libraries Act, as amended, apply.
"LIVESTOCK" means farm animals kept for Use, for propagation, or intended for profit or gain, and without
limiting the generality of the foregoing includes dairy and beef cattle, swine, poultry, horses, goats, sheep,
ratites, fur-bearing animals, deer and elk, game animals, birds and other animals identified in Appendix "A",
Table 1. (B/L 18/2007)
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Municipality of Brooke-Alvinston
Zoning By-law
"LIVESTOCK FACILITY" means one or more Buildings or Structures designed, used or intended for housing,
feeding or keeping Livestock including feedlots, anaerobic digesters, manure transfer facilities and Manure
Storages. Portions not storing manure or not occupied by Livestock long enough for substantial amounts of
manure to accumulate are not subject to MDS I or MDS II measurements.
"LIVESTOCK HOUSING CAPACITY" means the number of Livestock that can be accommodated by all
Livestock Facilities on a Lot at any one time, including those that are empty but able to house Livestock.
"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 Motor Vehicle while loading or unloading merchandise or
materials, and which abuts a Street, Lane, or other appropriate means of access. The provision of Loading
Spaces shall be in accordance with Section 3.28.
"LOT" means land within a registered plan of subdivision (but not including plans deemed not to be registered
pursuant to Section 50(4) of The Planning Act, R.S.O. 1990, Chap. P. 13, as amended) or any land that may
be legally conveyed under the exemption provided in clause (b) or (f) of subsection 3 or clause (a) or (f) of
subsection 5 of Section 50 of The Planning Act, R.S.O. 1990, Chap. P. 13 as amended, the boundaries of
which are recorded in the Registry Office for the Registry Division of the County of Lambton.
a)
"CORNER LOT" means a Lot, situated at the intersection of and abutting upon two or more Streets,
provided that the angle of intersection of such Streets is not more than one hundred and thirty-five
(135) degrees.
b)
"INTERIOR LOT" means any Lot which has a Street Access, other than a Corner Lot.
c)
"THROUGH LOT" means an Interior Lot having Street Access on two or more Street Lines, other than
a Corner Lot.
"LOT AREA" means the total horizontal area within the Lot Lines of a Lot.
"LOT COVERAGE" means that percentage of the Lot Area covered by the perpendicular projections onto a
horizontal plane of the area of all Buildings and Structures on the Lot. Lot Coverage shall not include
Balconies, Canopies and overhanging eaves provided none of the foregoing are less than 2.4 metres above
Finished Grade. Lot Coverage shall not include Private Decks and Private Swimming Pools.
"LOT DEPTH" means the horizontal distance between the Front and Rear Lot Lines. If the Front and Rear Lot
Lines are not parallel, "Lot Depth" means the length of a straight line joining the middle of the Front Lot Line
with the middle of the Rear Lot Line. If there is no Rear Lot line, Lot Depth means the length of a straight line
joining the middle of the Front Lot Line with the apex of the triangle formed by the Side Lot Lines.
"LOT FRONTAGE" means the horizontal distance between the Side Lot Lines, measured perpendicularly from
a line joining the middle of the Front and Rear Lot Lines and at a point thereon, a distance equal to the
minimum Front Yard Depth required by this By-law. Where there is no Rear Lot Line, Lot Frontage means the
horizontal distance between the Side Lot Lines, measured perpendicularly from a line joining the middle of the
Front Lot Line with the apex of the triangle formed by the Side Lot Lines and at a point thereon, a distance
equal to the minimum Front Yard Depth required by this By-law. Lot Frontage shall not include the extent to
which a Lot abuts the end of a Street, other than a Street which terminates in a cul-de-sac, or an unopened
Street Allowance.
"LOT LINE" means any boundary of a Lot or the vertical projection thereof. There shall be deemed to be 2 lot
lines in cases where a lot line changes by a direction which is less than 135. There shall be deemed to be
one continuous lot line in cases where the change in direction is greater than 135.
a)
"FRONT LOT LINE" means in the case of an Interior Lot, the line dividing the Lot from the Street. In
the case of a Corner Lot, the shorter Lot Line abutting a Street shall be deemed the Front Lot Line and
the longer Lot Line abutting a Street shall be deemed the Exterior Side Lot Line. In the case of a
Through Lot or a Corner Lot whose exterior Lot Lines are the same length, the Lot Line where the
principle access to the Lot is provided shall be deemed to be the Front Lot Line. In the case of a corner
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Municipality of Brooke-Alvinston
Zoning By-law
lot with an existing established residential dwelling the lot line with the principle access will be deemed
the Front Lot line.
b)
"REAR LOT LINE" means in the case of a Lot having four or more Lot Lines, the Lot Line farthest from
and opposite to the Front Lot Line. If a Lot has less than four Lot Lines, there shall be deemed to be no
Rear Lot Line.
c)
"SIDE LOT LINE" means a Lot Line other than a Front or Rear Lot Line, and shall include Interior Side
Lot Line and Exterior Side Lot Line.
d)
"EXTERIOR SIDE LOT LINE" - on a Corner Lot, means the longer Lot Line abutting a Street.
e)
"INTERIOR SIDE LOT LINE" - means a Side Lot Line other than an Exterior Side Lot Line.
"LUMBER YARD" means the Use of land, Buildings or Structures for the purpose of buying, selling and
storing of wood and wood products and lumber but does not include any manufacturing or processing Uses.
"MANURE STORAGES", as listed in Appendix "A", Table 5, means land, Buildings or Structures designed,
used or intended to be used as permanent storages for manure or "digestate" produced from an anaerobic
digester. It does not include manure transfer facilities, anaerobic digesters or temporary field storages.
"MARINE SALES AND SERVICE ESTABLISHMENT" means a Building and/or land used for the display and
sale of new and/or second-hand boats and watercraft, and may include the servicing, repair, and cleaning, of
such, and the sale of accessories and related products.
"MAXIMUM ENCROACHMENT" means the greatest distance a Structure may be built into a required front,
rear or side yard.
"METEOROLOGICAL MAST" means a separate, guyed tower having instruments mounted thereon for the
purpose of assessing a site's wind characteristics on a temporary basis of up to three years or for assessing
the performance of a wind turbine or farm once erected.
"MINIMUM DISTANCE SEPARATION" or "MDS" shall mean the setbacks that non-Agricultural Uses must
meet from Livestock Facilities (MDS I) and that Livestock Facilities must meet from non-Agricultural Uses
(MDS II) as required in Section 5.2 of this By-law and calculated in Appendix "A" to this By-law.
"MOBILE HOME, DOUBLE WIDE" see "DWELLING"
"MOBILE HOME, SINGLE WIDE" see "DWELLING"
"MOBILE HOME LOT" means a parcel of land within a Mobile Home Park occupied by or intended for
occupancy by one Double-Wide Mobile Home or one Single-Wide Mobile Home together with all Yards and
Open Space required by this By-law.
"MOBILE HOME PARK" means a parcel of land containing two or more Mobile Home Lots and which is under
single management and ownership.
"MOBILE HOME SALES ESTABLISHMENT" means land, Building or Structure used for the sale and display
of new Mobile Homes, modular homes, and tourist trailers and may include the servicing and repair of such
Structures and vehicles, but shall not include any other Uses defined in this By-law.
"MODULAR HOME" see "DWELLING".
"MOTEL" means a Building, part of a Building or group of Buildings wherein accommodation without private
cooking or housekeeping facilities is provided for transient lodgers, but which may include Dining Rooms and
other public rooms and provided each Guest Room or sleeping room may be entered from the exterior of the
Building. Sanitary facilities shall be included for each Guest Room or suite.
"MOTOR HOME" means a self-propelled recreational vehicle capable of being used for the temporary
sleeping or eating accommodation of Persons.
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Municipality of Brooke-Alvinston
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"MOTOR VEHICLE" means an automobile, motorcycle, all-terrain vehicle and any other vehicle propelled or
driven otherwise than by muscular power; but does not include other Motor Vehicles running only upon rails, or
a farm tractor, self-propelled implement of husbandry or road-Building machine.
"MOTOR VEHICLE, COMMERCIAL" as defined in The Highway Traffic Act R.S.O. 1990, Chap. H.8, as
amended, means a Motor Vehicle having permanently attached thereto a truck or delivery body and includes
ambulances, hearses, fire apparatus, buses and tractors designed for hauling purposes on the highway.
"MOTOR VEHICLE REPAIR ESTABLISHMENT" means a Building and/or land used for the servicing, repair,
cleaning, polishing, lubricating and greasing of Motor Vehicles and may include vehicular body repair and re-
painting, but shall not include any other auto Use defined in this By-law.
"MOTOR VEHICLE SALES ESTABLISHMENT" means a Building and/or land used for the display and sale of
new and/or second-hand Motor Vehicles and may include the servicing, repair, cleaning, polishing and
greasing of Motor Vehicles, the sale of auto accessories and related products and the leasing or renting of
Motor Vehicles, but shall not include any other auto Use defined in this By-law.
"MOTOR VEHICLE SERVICE ESTABLISHMENT" means a Building and/or land used for the sale of fuels for
Motor Vehicles and may include the servicing, repair, cleaning, polishing and greasing of Motor Vehicles and
the sale of auto accessories and related products, but shall not include any other auto Use defined in this By-
law.
"MOTOR VEHICLE WASHING ESTABLISHMENT" means a Building and land used for the washing or
cleaning of Motor Vehicles including self service and may include the sale of fuels to Motor Vehicles, but shall
not include any other auto Use defined in this By-law.
"MOTOR VEHICLE WRECKING ESTABLISHMENT" means a Building and/or land used for the wrecking or
dismantling of Motor Vehicles and for the storage and sale of scrap material, salvage and parts obtained
therefrom, but shall not include any other auto Use defined in this By-law.
"MULTIPLE DWELLING" see "DWELLING".
"MUNICIPAL DRAIN, CLOSED" means "drainage works" as defined by The Drainage Act, R.S.O. 1990,
Chap. D.17, as amended, located entirely within the ground and designed, used, or intended for Use for the
conveyance of precipitation. Municipal Drain Closed shall also mean Storm Sewer.
"MUNICIPAL DRAIN, OPEN" means "drainage works" as defined by The Drainage Act, R.S.O. 1990, Chap.
D.17, as amended which includes a drain constructed by any means including the improving of a natural
watercourse, and includes the works necessary to regulate the water table within or on any lands or to regulate
the level of the waters of any drain, reservoir, lake or pond, and includes a dam, embankment, wall, protective
works or any combination thereof.
"MUNICIPALITY" means the Corporation of the Township of Brooke and the Corporation of the Village of
Alvinston.
"NON-COMPLYING" means a Permitted Use which does not comply with one or more provisions of this By-
law for the Zone in which such Building or Structure is located on the date of passing of this By-law or
amendments thereto.
"NON-CONFORMING" means a lawfully Existing Use, Building or Structure prohibited by this By-law in the
Zone in which it is situate.
"NON-FARM RESIDENTIAL" see "DWELLING".
"NURSERY" means the Use of land, Buildings or Structures or part thereof where trees, shrubs, sod or plants
are grown or stored for the purpose of transplanting, for Use as stocks for building or grafting or for the
purpose of Retail or Wholesale, together with the sale of soil, planting materials, fertilizers and similar materials
and may include the storage of necessary machinery and vehicles used in connection with such business.
Landscaping and gardening supplies may also be kept or be offered for sale or rent.
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Municipality of Brooke-Alvinston
Zoning By-law
"NURSING HOME" as defined in The Nursing Homes Act, R.S.O. 1990, Chap. N.7, as amended, means any
premises maintained and operated for Persons requiring nursing care or in which such care is provided to two
(2) or more unrelated Persons, but does not include any premises falling under the jurisdiction of The Homes
for the Aged and Rest Homes Act, R.S.O. 1990, Chap. H.13, as amended, the Private Hospitals Act, R.S.O.
1990, Chap. P.24, as amended and the Public Hospitals Act, R.S.O. 1990, Chap. P.40, as amended.
"NUTRIENT UNIT" means a measure based on nutrient quantities for comparing sizes of Livestock Facilities
of differing Livestock types as listed in Appendix "A", Table 1.
"OCCUPANCY" means to reside in as owner or tenant on a permanent or temporary basis.
"OCCUPANT LOAD" as defined in the Ontario Building Code Act, R.S.O. 1990, Chap. B.13 as amended,
means the number of Persons for which a Building, or part thereof, is designed.
"OFFICE" means a Building or part thereof designed, intended or used for the practice of a profession, the
carrying on of a business, and/or the conduct of public administration, but shall not include a Clinic.
"OPEN SPACE" means an unoccupied space open to the sky except such land as is used or required for
parking purposes by this By-law, and shall include recreation facilities, Landscaped areas, patios, and
walkways.
"OPEN STORAGE" means the storage or display of goods, merchandise, or equipment outside of a Building
or Structure on a Lot or portion thereof.
"OWNER" means the Person who holds legal title to a piece of property or has an equitable interest in the
same.
"PARK" means an area, consisting largely of Open Space, which may include a Recreational area,
playground, play field or similar Use, but shall not include a Mobile Home Park or Camping Ground.
a)
"PUBLIC PARK" means a Park owned or controlled by the Corporation or by any Ministry, Board,
Commission or Authority established under any statute of Ontario or Canada.
b)
"PRIVATE PARK" means a Park other than a Public Park.
"PARK MODEL HOME" see "DWELLING".
"PARKING AREA" means an area or Structure provided for the parking of Motor Vehicles and includes any
related Aisles, Parking spaces or driveways, accessible to or from a Street or Lane but shall not include any
part of a Street. This definition may include a Private Garage.
"PARKING LOT" means any Parking Area other than a Parking Area Accessory to a Permitted Use on the
same Lot that functions independently as a separate operation such as a Commercial or Municipal lot.
"PARKING SPACE" means a portion of a Parking Area, exclusive of any Aisles or driveways, which may be
used for the temporary parking or storage of a Motor Vehicle, accessible from an Aisle, Street or Lane.
"PASTURE AREA" means a contiguous area of land not less than 0.4 hectare in area, exclusive of Buildings,
Structures, lawn, driveways and the like, which is available for the grazing of Livestock.
"PERMITTED" means Permitted by this By-law.
"PERSON" means any human being, association, firm, partnership, corporation, agent or trustee, and the
heirs, executors or other legal representative or a Person to whom the context can apply according to law.
"PERSONAL SERVICE ESTABLISHMENT" means a Building, or a part thereof, in which Persons are
employed in furnishing services and otherwise administering to the individual and Personal needs of Persons,
and including premises such as a barber, hairdresser, beautician, tailor, dressmaker, Laundromat, dry cleaning
and laundry depot, suntanning shop and a formal rentals shop but shall not include a body massage parlour.
The sale of merchandise shall be permitted only as an Accessory Use to the Personal service provided.
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Municipality of Brooke-Alvinston
Zoning By-law
"PETROLEUM WELL" as defined by the Oil, Gas and Salt Resources Act, R.S.O. 1990, Chap. P.12, as
amended, means a hole drilled into a geological formation of Cambrian or more recent age, except a hole
where no oil or gas is encountered that is drilled for the production of fresh water.
"PETROLEUM WORK" as defined by the Oil, Gas and Salt Resources Act, R.S.O. 1990, Chap. P.12, as
amended, means a pipe line or a Well and every part thereof and adjunct thereto that is used in the drilling for
or the production or storage of oil or gas.
"PLACE OF ENTERTAINMENT" means a motion picture or other Theatre, auditorium, billiard or pool room,
bowling alley, ice or roller skating rink, or dance hall, but does not include any other place of entertainment or
recreation otherwise defined or classified in this By-law.
"PLANTING STRIP" means an area which shall be used and maintained for no purpose other than planting a
continuous unpierced hedgerow of evergreens or shrubs. The hedgerow must not be less than 1.5 metres
high and may be adjacent to the Lot Line or portion thereof for which such Planting Strip is required. The
remainder of the Planting Strip shall be used for no purpose other than planting shrubs, flowers, grass or
similar vegetation.
"PLANTING STRIP WIDTH" means the least horizontal dimension of a Planting Strip measured
perpendicularly to the Lot Line adjoining such Planting Strip.
"PORCH" means a covered entrance to a Building.
"POULTRY PROCESSING PLANT" means the Use of a Building or Structure for the slaughtering, processing,
manufacture, or packaging of poultry or poultry products and may include as an Accessory Use the Wholesale
or Retail sales of poultry or poultry products.
"PRINTING ESTABLISHMENT" means an establishment used for the blueprinting, engraving, stereotyping,
electro-typing, printing or typesetting, and shall include a duplicating shop and a letter-shop.
"PRIVATE CLUB" means a Building or part of a Building used as a meeting place for members of a chartered
organization and shall include a lodge, a fraternity or sorority house, and a labour union hall.
"PRIVATE GARAGE" means an Accessory Building or Structure, attached to or detached from a Dwelling,
which is fully enclosed and used for the sheltering of Permitted Vehicles and storage of household equipment
incidental to the residential occupancy and in which there are no facilities for the repairing or servicing of
vehicles for gain or profit. This definition may include a Carport or other open shelter.
"PROCESSED GOODS INDUSTRY" means a Building or part thereof used by textiles, leather and rubber
Industries; plastics and synthetics resins Industries; paper and wood products Industries; metal products
Industries; oil and coal by-products Industries; chemical products Industries; and non-metallic products
Industries. Processed Goods Industries exclude pulp and paper Industries and primary metal Industries.
"PROPANE TRANSFER FACILITY" means a facility at a fixed location having not more than one storage
container and such container shall not have an aggregate propane storage capacity in excess of 50,000 litres.
"PUBLIC RECREATIONAL USE" means the Use of land, water and/or Buildings for the purpose of Passive
and Active Recreation, as defined in this By-law, owned or controlled by the Corporation or by any Ministry,
Board, Commission or Authority established under any Statute of Ontario or Canada.
"PUBLIC USE, NON-RECREATIONAL" means a Building, Structure or Lot used for public services by the
Corporation or the County, any local board of either the Corporation or the County, a Conservation Authority
established by the Government of Ontario, any Ministry or Commission of the Government of Ontario or
Canada.
"PUBLIC UTILITY" as defined in the Public Utilities Corporations Act, R.S.O. 1990, Chap. P.53, as amended,
means any water works, gas works, electric heat, light or power works, telegraph or telephone lines and works
for the transmission of gas, oil, water or electrical power or energy or any similar works supplying the general
public with necessaries or conveniences.
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Municipality of Brooke-Alvinston
Zoning By-law
"QUARRY" means the Use of land licensed under the Aggregate Resources Act, R.S.O. 1990, Chap. P.12 as
amended, where consolidated rock has been or is being removed by means of an open excavation to supply
material for construction, industrial or manufacturing purposes, but does not include a Wayside Quarry.
"RECREATION, ACTIVE" means the Use of land, water and/or Building for the purpose of organized active
leisure activities and shall include an arena, a sports field, and a Golf Course.
"RECREATION, COMMERCIAL" means the Commercial Use of land and/or Buildings for the purpose of
recreation but shall not include a Place of Entertainment.
"RECREATION, PASSIVE" means the Use of land and/or water for the purpose of passive leisure activity and
shall include a Park, a garden, a picnic area and the like, as well as a play lot with activity equipment for
children.
"RECYCLING DEPOT" shall mean the use of lands, structures or Buildings for the accumulation and
distribution of reusable materials including paper, cardboard, aluminum, steel, plastic and glass. Storage of
such materials after packaging shall be short term until the materials are shipped out. Open storage areas
used in conjunction with a "Recycling Depot" may be used to store limited quantities of old appliances, rubber
tires and constructed materials. On-site processing of such articles or materials shall be prohibited.
"RENOVATION" means the replacement, repair and restoration of land, Building or Structure to good
condition but shall not include its replacement.
"REPAIR AND RENTAL ESTABLISHMENT" means a business engaged in maintaining, repairing, installing
and renting articles and equipment for household, Personal, construction and Industrial Use such as: radios
and television; refrigeration and air conditioning; appliances; watches, clocks and jewelry; upholstery and
furniture repair; power tools, mobile construction equipment and moving equipment. This does not include any
other Use specifically referred to or defined in this By-law.
"REPLACEMENT" when used in reference to a Building or Structure or part thereof, means the removal and
rebuilding, repairing or restoring of more than 25% of the total Building or Structure.
"RESEARCH AND DEVELOPMENT ESTABLISHMENT" means a Building or part thereof used by raw
material development and testing firms; processed products development and testing firms; and chemical and
biological products development and testing firms.
"RESOURCE EXTRACTION" means the Use of land for the drilling, production from the ground, and storage
of, natural gas, brine or salt but excluding the refining of said products. This is separate from Petroleum Well
as defined herein.
"RESTAURANT" means a Building or part of a Building where food is prepared and offered or kept for Retail
sale to the public for consumption either on or off the premises and includes such Uses as a cafe, cafeteria, ice
cream parlour, tea or lunch room, dairy bar, donut shop, coffee shop, snack bar or refreshment room or stand.
This definition shall not include a Drive-In Restaurant.
"RESTAURANT, DRIVE-IN" means an establishment where food is offered for sale or sold to the public for
consumption, such establishment being designed for consumption of the food within a Motor Vehicle parked in
a Permitted Parking Space on the premises of the establishment.
"RESTAURANT, DRIVE THROUGH SERVICE FACILITY" means an element of a Restaurant Use associated
with ordering and serving food and beverages to patrons where they remain within a Motor Vehicle, and
includes any associated speaker system and order board.
"REST HOME" means a Building or portion of a Building other than a Public or Private Hospital operated
under the provisions of the Rest Homes Act for accommodation and amenities for senior citizens in return for
compensation.
"RETAIL STORE" means a Building or part of a Building in which goods, wares, merchandise, substances,
articles or things are offered or kept for Retail sale to the public.
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Municipality of Brooke-Alvinston
Zoning By-law
"RETAIL WAREHOUSE" means a Building or part of a Building used for the storage and display of goods,
merchandise, or materials and may include the carrying out of commercial transactions involving the sale of
such goods, merchandise or materials by Retail sale to the general public.
"RIDING SCHOOL" means the Commercial Use of land and Buildings for the instruction of Persons in the
manner of riding horses and may include the boarding or stabling of horses.
"RIGHT-OF-WAY" means:
a)
a right enjoyed by a Person of passing over another Person's land subject to such conditions and
restrictions as are specified by grant, sanctioned by custom or by whatever other means, by virtue of
which the right exists, and/or;
b)
a term commonly applied to a more or less uniform strip of land used for the purposes of constructing a
highway, railway, pipe line, telephone or power transmission line, etc.
"ROAD" means a Street as defined in this By-law.
"SALVAGE YARD" means a lot, Building or Structure used for wrecking, dismantling, storing or selling second
hand goods, wares or materials including, but not so as to limit the generality of the foregoing, rags, bones,
bottles, metals, clothing, furniture, paper, machinery, building materials and vehicles and parts thereof.
"SEMI DETACHED DWELLING" see "DWELLING".
"SINGLE DETACHED DWELLING" see "DWELLING".
"SAWMILL" means the Use of land, Buildings or Structures for the purpose of processing logs or other
unfinished wood into lumber, shingles, pallets, sawdust, firewood or related products.
"SCHOOL" means a school under the jurisdiction of a Board of Education, under the Education Act, a School
operated on a non-profit basis and under charter granted by the Province of Ontario, or a private School.
"SERVICE AND REPAIR SHOP" means an establishment wherein articles of goods such as appliances,
furniture or similar items may be repaired or serviced. This definition shall not include any manufacturing
operation or establishment used for the service or repair of Motor Vehicles.
"SERVICE TRADE" means an establishment, other than an automotive Use, that provides a non-Personal
service or craft to the public, including, but not necessarily restricted to, a printer's shop, a tinsmith's shop, a
plumber's shop, a painter's shop, a merchandise service shop, a furrier's shop, an upholsterer's shop, a
bakery, a catering establishment, a machine shop, or a monument engraving shop.
"SETBACK" means the minimum horizontal distance between a Lot Line and the nearest part of the
foundation of any Building or Structure on the Lot or the nearest Open Storage Use on the Lot.
"SHIPPING CONTAINER" means a pre-fabricated metal container of structure designed for storage of goods
and materials while under transport by ship, rail, or truck. A shipping container that has been modified (ie. roof
pitch, siding, windows, etc.) and/or incorporated into a Building or Structure (such as a dwelling or accessory
building) and used as a structural element will not be considered a shipping container. This definition shall
include storage containers. (B/L 27 of 2018)
"SHOPPING CENTRE" means a group of commercial establishments related in locations, size, and type to
the trade or residential area it serves and conceived, designed, developed and managed as an interdependent
and interrelated Unit whether by a single owner or tenant or by a group of owners or tenants, acting in
collaboration.
"SIGHT TRIANGLE" means the triangular space formed by the Street Lines of a Corner Lot and a line drawn
from a point in one Street Line to a point in the other Street Line, each such point being a minimum distance
specified in Section 3.18.2 of this By-law from the point of intersection of the Street Lines (measured along the
Street Lines). Where the two Street Lines do not intersect at a point, the point of intersection of the Street
20
Municipality of Brooke-Alvinston
Zoning By-law
Lines shall be deemed to be the intersection of the projection of the Street Lines or the intersection of the
tangents to the Street Lines. (Figure 1)
Figure 1
"SIGN" means a name, identification, description, device, display or illustration which is affixed to or
represented directly or indirectly upon a Building, Structure or Lot which directs attention to an object, product,
place, activity, Person, institute, organization or business.
"STOCK YARD" means the Use of land, a Building or a Structure for the temporary containment of Livestock.
"STORAGE DEPOT" means an area including reservoir, silo and tank storage; hangers; open air parking; and
open air storage. Storage Depots exclude Salvage Yards, Resource Extraction Operations, and Wayside Pits.
"STORM SEWER" means a pipe located entirely within the ground and designed, used, or intended for use for
the conveyance of precipitation.
"STOREY" shall mean the portion of a Building, other than an Attic, Cellar or Basement, included between any
floor level and the floor, ceiling, Attic above it. Any loft or mezzanine greater than 50% of the Ground Floor Area of
the floor below shall be considered as a separate Storey.
a)
ONE STOREY means a building having one Storey and no loft, mezzanine or partial floor
whatsoever.
b)
ONE AND ONE HALF STOREY means a Building having a loft or mezzanine no exceeding 50%
of the Ground Floor Area of the floor below.
c)
TWO STOREY means a Building with two Storeys.
"STREET" means a public thoroughfare intended for vehicular traffic and which is under the jurisdiction of
either the Corporation, the County or the Province of Ontario. This definition shall not include any Lane or
private Right-Of-Way. "STREET ALLOWANCE" shall have a corresponding meaning.
"STREET ACCESS" means, when referring to a Lot, that such Lot has a Lot Line or portion thereof which is
also a Street Line.
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Municipality of Brooke-Alvinston
Zoning By-law
"STREET LINE" means the limit of the Street Allowance and is the dividing line between a Lot and a Street.
"STREET TOWNHOUSE" see "DWELLING".
"STRUCTURE" means anything that is erected, built or constructed of parts joined together or requiring a
foundation to hold it erect, but shall not include free standing walls and fences.
"SWIMMING POOL, PRIVATE" means a Structure located on privately owned property, used and maintained
for the purpose of swimming or wading. Private Swimming Pools shall be subject to the provisions of Section
3.14 of this By-law.
"TEMPORARY BUILDING" means a Building or Structure intended for removal or demolition within a
prescribed time not exceeding two years as set out in a Building permit.
"TERMINAL GRAIN ELEVATOR" means an establishment for the storing, receiving, shipping of grain and
similar Agricultural products, and includes associated Offices, weigh scales, and Accessory Uses.
"THEATRE" means a Building, or part thereof, used for the presentation of the performing arts.
"TILLABLE HECTARES" means the total area of land including pasture that can be worked or cultivated.
"TOP-OF-BANK" means a line delineated at a point where the oblique plane of the slope associated with a
watercourse, meets the horizontal plane.
"TOURIST CENTRE" means any land, Buildings or Structures used for the purpose of providing tourist
information and activities to the travelling public.
"TOWNHOUSE" see "DWELLING".
"TRAVEL TRAILER" means a Vehicle designed, intended and used exclusively for travel, Recreation and
vacation and which is either capable of being drawn by a passenger Vehicle or is self-propelled, and shall
include tent trailers, vans, Motor Homes and similar transportable accommodation excepting a Single or
Double Wide Mobile Home.
"TRAVEL TRAILER SALES ESTABLISHMENT" means land and/or Buildings used for the display for sale of
Travel Trailers and includes the servicing, repair, cleaning, polishing and greasing of such Vehicles and the
sale of accessories and related products and the leasing or renting of such Vehicles, but does not include a
Motor Vehicle Sales Establishment as defined in this By-law.
"TRIPLEX DWELLING" see "DWELLING".
"TRUCK STOP" means the Use of any land, Buildings or Structures upon which a Business, Service or
Industry involving the maintenance, servicing, storage or repair of Commercial Vehicles is conducted or
rendered including the dispensing of motor fuel or petroleum products directly into Motor Vehicles, the sale of
accessories or equipment for trucks and similar Commercial Vehicles. A Truck Stop may also include
overnight accommodation, laundry and shower facilities for the Use of truck crews, and Restaurant facilities.
"TRUCK TRANSPORT TERMINAL" means a Building, Structure, or Lot used for the parking, repairing, or
dispatching of Commercial Motor Vehicles or trailers (as defined by The Highway Traffic Act, R.S.O. 1990,
Chap. H.8, as amended.).
"TYPE A LAND USES" include Industrial (excluding M4 Zones), Rural Commercial (C3 Zones) and Passive
Recreation Uses and/or Zones Permitting such Uses. For the purposes of MDS I a Dwelling or up to three new
non-Agricultural Lots are also Type A Land Uses. For the purposes of MDS II, Dwellings and residential Uses
not recognized as residential areas in the Town Official Plan, or Cemeteries located in an Agricultural Zone are
also Type A Land Uses.
"TYPE B LAND USES" include Institutional, Active Recreation and Commercial (excluding C3 Zones) Uses
and/or Zones Permitting such Uses. For the purposes of MDS I, Cemeteries, a Building with three or more
Dwelling Units, expansion of a settlement area, more than three new non-Agricultural Lots, Zones for
residential Use, or a consent that would result in four contiguous residential Lots are also Type B Land Uses.
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Municipality of Brooke-Alvinston
Zoning By-law
For the purposes of MDS II, Cemeteries not in an Agricultural Zone and areas specifically designated in the
Town Official Plan as residential or settlement areas are also Type B Land Uses.
"USE" where it appears as a noun, means the purpose for which a Lot, Building or Structure, or any
combination thereof is designed, arranged, occupied or maintained. "USES" shall have a corresponding
meaning.
"UTILITY SERVICE BUILDING" means a Building used in connection with the supplying of Public Utilities
including a water and sewage pumping station, a water storage reservoir, a gas regulator Building, a hydro
sub-station, a telephone exchange Building or similar Buildings.
"VALUE ADDED INDUSTRY" means a business or activity carried out on an Agricultural Lot by Persons
residing on the Lot. Such business or activity adds value or further processes a commodity or by-product
produced by the main Agricultural Operation or uses such as the primary ingredient or material in a product
produced on the site. It shall not include any processes or materials with significantly greater potential to
cause site contamination than normal Agricultural activities.
"WALL, MAIN" means an outside wall of a Building which supports a roof and shall include a wall under a
gable end.
"WAREHOUSE" means a Building or Structure or part thereof used or intended to be used for the storage and
display of goods, merchandise or materials, and may include the carrying out of Commercial transactions
involving the sale of such goods, merchandise and materials solely by Wholesale.
"WAREHOUSE, BONDED" means a Warehouse, certified by the Federal government and guaranteed by a
bonding agency, where goods may be stored until duties or taxes are paid.
"WASTE DISPOSAL SITE" as defined in Section 25 of the Environmental Protection Act, R.S.O. 1990, Chap.
E.19, as amended, means any land or land covered by water upon, into, or through which, or a Building or
Structure in which, waste is deposited or processed and any machinery or equipment or operation required for
the treatment or disposal of waste.
"WAYSIDE PIT" OR "WAYSIDE QUARRY" means a temporary pit or quarry opened and used by a public
road authority solely for the purpose of a particular project or contract of road construction and not located on
the road Right-Of-Way.
"WHOLESALE ESTABLISHMENT" means any Establishment which sells merchandise to others for resale
and/or to Industrial or Commercial users.
"WIND FARM" means a Lot having Wind Turbines located thereon that meet the criteria for defining a Lot as a
Wind Farm under Sections 3.31.1 i) and j).
"WIND TURBINE" means a tubular or latticed, guyed or freestanding tower having located thereon a
generator, which converts wind energy into electricity. A wind turbine, tower, foundation and any
appurtenances are manufactured and erected with consideration for site soil conditions and in accordance with
CSA standards, engineered design and/or applicable industry standards. This definition shall include
Structures Accessory thereto.
"WIND TURBINE, ACCESSORY" means a Wind Turbine that produces electricity primarily for use on the Lot
on which it is located or to produce credits for use on another Lot under the same ownership as the Wind
Turbine operator. Although it may be connected to the utility grid and/or practice net metering, it does not
produce electricity for sale to the utility grid.
"WIND TURBINE, COMMERCIAL" means a Wind Turbine that produces electricity primarily for profit by sale
to the utility grid.
"WIND TURBINE, DERELICT" means a Wind Turbine that is no longer operable; exhibits signs of
compromised structural integrity; has rusted, missing or damaged parts; has not been operated for a period of
one year or more; is no longer fit to produce electricity; or no longer meets applicable safety standards.
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Municipality of Brooke-Alvinston
Zoning By-law
"YARD" means a space, appurtenant to a Building or Structure, located on the same Lot as the Building or
Structure, and which space is open, uncovered and unoccupied from the ground to the sky except for such
Accessory Buildings, Structures or Uses as are specifically permitted elsewhere in this By-law.
a)
"FRONT YARD" means a Yard extending across the full width of the Lot between the Front Lot Line of
the Lot and the foundation of any Main Building on the Lot.
b)
"FRONT YARD DEPTH" means the least horizontal dimension between the Front Lot Line of the Lot
and the foundation of any Building or Structure on the Lot, or the nearest Open Storage Use on the Lot.
c)
"REAR YARD" means a Yard extending across the full width of the Lot between the Rear Lot Line of
the Lot and the foundation of any Main Building on the Lot. If there is no Rear Lot Line, there shall be
deemed to be no Rear Yard.
d)
"REAR YARD DEPTH" means the least horizontal dimension between the Rear Lot Line of the Lot and
the foundation of any Building or Structure on the Lot, or the nearest Open Storage Use on the Lot.
e)
"SIDE YARD" means a Yard extending from the Front Yard to the Rear Yard and from the Side Lot
Line of the Lot to the foundation of any Main Building on the Lot. In the case of a Lot, which has no
Rear Lot Line, the Side Yard shall extend from the Front Yard to the opposite Side Yard.
f)
"SIDE YARD WIDTH" means the least horizontal dimension between the Side Lot Line of the Lot and
the foundation of any Building or Structure on the Lot, or the nearest Open Storage Use on the Lot.
g)
"EXTERIOR SIDE YARD" means a Side Yard immediately adjoining a Street, extending from the Front
Yard to the Rear Lot Line.
h)
"INTERIOR SIDE YARD" means a Side Yard other than an Exterior Side Yard.
i)
"REQUIRED YARD" means a Yard with the minimum Front Yard Depth, Rear Yard Depth, or Side
Yard Width required by the provisions of this By-law. A required Side Yard shall extend from the
required Front Yard to the required Rear Yard, or in the case of a Lot which has no Rear Lot Line, the
required Side Yard shall extend from the required Front Yard to the opposite required Side Yard.
"ZONE" means a designated area of land Use shown on Schedule 'A' of this By-law.
"ZONING ADMINISTRATOR" shall mean the officer or employee of the Municipality charged with the duty of
enforcing provisions of this By-Law.
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Municipality of Brooke-Alvinston
Zoning By-law
SECTION 3 - GENERAL PROVISIONS
3.1
USES PERMITTED IN ALL ZONES
The following Uses are permitted in all Zones within the Corporation:
3.1.1 Services and Utilities
Despite any other provisions of this By-law to the contrary, the Municipality, the County of Lambton and any
Ministry of the Government of Canada or Province of Ontario or their agents may for the purpose of the public
service, Use any land or any Building or Structure in any Zone in spite of the fact that such Use of any Building
or Structure does not conform with the provisions of this By-law for such Zone. Any utility company and
Ontario Hydro shall comply with the provisions of this By-law only insofar as such Uses are for administrative
or Office purposes.
3.1.2 Utility Service Buildings and Non-Recreational Public Uses
Utility service Buildings and non-Recreational Public Uses exclusive of Waste Disposal Sites, incinerators and
works yards are permitted in all Zones. Where such Use is located in any Residential Zone:
a)
it shall comply with the provisions for such Zone;
b)
there shall be no Open Storage; and
c)
any Buildings or Structures erected or used shall be designed, maintained and used in a manner
compatible with Residential Buildings of the type Permitted in said Zone.
3.1.3 Public Recreational Uses
Parks and Community Centres operated by or for the Municipality including Uses Accessory thereto.
3.1.4 Construction Uses
Any sheds, scaffolds or other Structures incidental to Building construction on the premises for so long as the
same is necessary for work in progress. Such Buildings, Uses and Structures shall be removed within 6
months following the termination and or abandonment of the construction project.
3.1.5 Pipelines
Nothing in this By-law shall prevent the Use of any land for any gas, oil, brine or other liquid or gaseous
product transmission or distribution pipe line and appurtenances thereto which have been approved under the
authority of the National or Ontario Energy Boards.
Any pipe line, as constructed by any distributor, producer or storage company or for any pipe line as
constructed by any company under the Ontario Energy Board Act, as amended, shall be Permitted in any Zone
provided that, where possible, such pipe lines are constructed in or upon Existing Rights-Of-Way, Easements
or transmission corridors. Where possible, the pipelines shall generally be located as follows:
a)
where the proposed pipe line runs northerly and southerly, it shall follow along Lot Lines;
b)
where the proposed pipe line runs easterly and westerly, it shall follow along Road Right of Ways.
Where forest cover is removed it shall be replaced with twice the area of forest cover that is removed.
3.1.6 Petroleum Well and Petroleum Work
Nothing in this By-law shall prevent the Use of any land for any Petroleum Well or Petroleum Work subject to
the regulations of the Oil, Gas and Salt Resources Act, R.S.O. 1990, Chap. P.12, as amended.
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Municipality of Brooke-Alvinston
Zoning By-law
3.1.7 Wind Turbines & Meteorological Masts
Accessory Wind Turbines shall be Permitted in all Zones. Meteorological Masts shall be Permitted in all Zones
except for Residential Zones.
3.2
USES PROHIBITED IN ALL ZONES
Unless specifically Permitted in this By-law, all Uses, including the following Uses, are specifically prohibited
and shall only be Permitted by amendment to this By-law under Section 34(10), or application under Section
45, of the Planning Act, R.S.O. 1990, Chap. P.13, as amended.
a)
Offensive Industrial Uses including the boiling of blood, tripe or soap, tanning of hides and skins and
other similar Uses which may be declared by the local Board of Health or Council to be a noxious or
offensive trade, business or manufacture.
b)
The operation of year-round, privately-owned Travel Trailer camps or privately-owned camping
grounds, but not including the operation of Mobile Home Parks as defined in this By-law.
c)
Auto Wrecking Establishment, as defined in this By-law.
d)
The outdoor keeping or storage of any derelict Motor Vehicle.
e)
A track for the use, racing or testing of automobiles, snowmobiles, motorcycles, or any motorized
vehicle.
f)
Adult Live Entertainment Parlour as defined by this By-law.
g)
Any manufacturing or processing Use involving the following substances; coal, oil, rock oil, fuel oil,
benzine, gasoline, dynamite, dualin, nitro-glycerine or gunpowder, petroleum or any other combustible,
inflammable, volatile or otherwise dangerous liquids, gases or materials.
h)
The Use of a Mobile Home as a Habitable Room or as a Building or Structure or part thereof.
i)
A Derelict Wind Turbine
3.3
ACCESSORY BUILDINGS, STRUCTURES OR USES
3.3.1 Accessory Buildings, Structures or Uses Permitted
Where this By-law provides that land may be used for a Building or Structure or may be erected or used for a
purpose, that purpose shall include any Accessory Building, Structure or Use, but shall not include any of the
following Uses, except as specifically Permitted in this By-law;
a)
Any occupation for gain or profit conducted within or Accessory to a Dwelling Unit; nor
b)
Any Building used for human habitation.
Where this By-law provides that land may be used for a Dwelling, the Permitted Accessory Uses shall include
a Garage Sale provided that:
c)
No Person shall conduct more than two garage sales per calendar year at one location;
d)
No garage sale shall exceed two days duration.
3.3.2 Structures Permitted in all Yards
Despite any other Yard provisions of this By-law, drop awnings, flag poles, garden trellises, fences, retaining
walls, legal Signs, or similar Accessory Uses and Structures shall be permitted in any Yard provided they are
placed outside of any sight triangle as defined in Section 3.18.2.
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Municipality of Brooke-Alvinston
Zoning By-law
3.3.3 Accessory Buildings and Structures in Residential Zones
All Accessory Buildings and Structures shall comply with the Yard provisions of the Zone in which such
Accessory Building or Structure is located, except that in any Residential Zone, an Accessory Building or
Structures shall comply with the following provisions:
a)
Except as otherwise provided for in any Residential Zone, an Accessory Building or Structure which is
not attached to the Main Building shall not be erected in any Yard other than the Interior Side Yard or
Rear Yard.
b)
An area of 1.2 metres which is open and unobstructed from the ground to the sky shall be maintained
between a Detached Accessory Building or Structure and the Main Building on the same Lot.
c)
An attached Accessory Building or Structure may be erected in a Front Yard or Exterior Side Yard
provided it is not located in a Required Yard.
d)
When an Accessory Building or Structure is located in an Interior Side Yard, it shall be no closer than
1(one) metres to the Interior Side Lot Line.
e)
When an Accessory Building or Structure is located in the Rear Yard, it shall be located no closer than
1(one) metres to either the Rear Lot Line or the Interior Side Lot Line.
f)
No Accessory Building or Structure shall be located closer to the Exterior Side Lot Line than the
Exterior Side Yard Setback requirement for the Zone in which each lot is located.
g)
Where a mutual Private Garage is erected on the common Lot Line between two Lots, no Setback is
required from the common lot line.
3.3.4 Lot Coverage and Height of Accessory Buildings and Structures in Residential Zones
The total Lot Coverage of all Accessory Buildings and Structures on a Lot in any Residential Zone shall not
exceed 10% of the Lot Area. This percentage shall be included as part of the Maximum Lot Coverage
calculation Permitted in the Residential Zone requirements. The height of any Accessory Building or Structure
shall not exceed 5.5 metres. The height of the Building or Structure shall be measured from the finished floor
to the highest point of the Building or Structure.
3.3.5 Shipping Containers in Agricultural Zones (B/L 27/2018)
(a) The permanent placement of Shipping Containers as accessory uses shall be permitted in the Agricultural
zones provided that:
-
No shipping containers as an accessory use building shall be permitted within 20 metres of a residential
lot;
-
No shipping container shall be permitted within the required yard setbacks for the zone in which each
lot is located;
-
The maximum number of shipping containers may be two (2) per lot;
-
Shipping containers shall not be stacked;
-
Shall not be permitted as the sole structure on any property;
-
Shipping Containers shall be used for storage purposes only and shall be accessory to the main
permitted use on the property;
-
Shall be included in all calculations for the purpose of maximum lot coverage;
- Shall be in a condition free from rust, peeling paint and any other form of visible deterioration.
3.3.6 Shipping Containers in All Zones (B/L 27/2018)
a) Except as otherwise provided, shipping containers and the like shall not be permitted in any zone, save
and except Agricultural zones under the provisions as set out in section 3.3.5.
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Municipality of Brooke-Alvinston
Zoning By-law
b) A shipping container shall be permitted in all zones only for the purpose of facilitating the relocation of a
household to or from the lot on which the shipping container is placed, provided the lot does not have a
shipping container located thereon for more than 30 days in any period of 365 consecutive days.
3.4
NON-CONFORMING USES
This By-law acknowledges that Section 34(9)(a) and (b) of The Planning Act, R.S.O. 1990, Chap. P.13, as
amended, provides that "no By-law passed under this section applies:
a)
To prevent the Use of any land, Building or Structure for any purpose prohibited by the By-law if such
land, Building or Structure was lawfully used for such purpose on the day of the passing of the By-law,
so long as it continues to be used for that purpose; or
b)
To prevent the erection or Use for a purpose prohibited by the By-law of any Building or Structure for
which a permit has been issued under Section 5 of the Building Code Act, R.S.O. 1990, Chap. B.13, as
amended, prior to the day of the passing of the 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 the
permit has not been revoked under Section 8 of the Building Code Act, R.S.O. 1990, Chap. B.13, as
amended.
Furthermore, Sections 34(10) and 45(2) of the Planning Act, R.S.O. 1990, Chap. P.13, as amended, contain
provisions:
c)
To permit the extension or enlargement of any land, Building or Structure used for any purpose
prohibited by the By-law if such land, Building or Structure continues to be used in the same
manner and for the same purpose as it was used on the day such By-law was passed.
3.5
NON-CONFORMING USES - RESTORATION
a)
Where in any Zone, any Building or Structure exists as a legal Non-Conforming land Use and the said
Dwelling is destroyed by fire or natural disaster, this By-law does not prevent the reconstruction of the
said Building or Structure to its prior dimensions at its exact prior location. Should the exact prior
location be impossible to build upon for legal, technical or insurance reasons, then the location may be
adjusted only to the extent necessary to overcome such reasons.
b)
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any Non-
Conforming Use, Building or Structure provided that such repair or restoration will not increase the
height, size or volume or change the Use of such Building or Structure or constitute a Replacement.
3.6
NON-COMPLYING USES
a)
Re-Building or Repair Permitted
Where in any Zone, a Non-Complying Use, Building or Structure is destroyed by fire or natural disaster, such
Non-Complying Use, Building or Structure shall be reconstructed in compliance with this By-law. When it is not
possible for legal, technical or insurance reasons to build in compliance with this By-law, such reconstruction
shall comply as close as possible with the By-law unless this is also not possible for legal, technical or
insurance reasons; in which case, such Non-Complying Use, Building or Structure may be reconstructed to its
prior dimensions at its exact prior location.
Notwithstanding, a structurally sound Livestock Facility which does not comply with the Minimum Distance
Separation requirements in Section 5.2 shall not be required to be replaced in compliance with such
regulations if destroyed by fire or natural disaster, provided the Gross Floor Area and Livestock Housing
Capacity is not further increased and the required separation distance is not further reduced.
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Municipality of Brooke-Alvinston
Zoning By-law
b)
Strengthening to a Safe Condition
Nothing in this By-law shall prevent the repair or restoration to a safe condition of any Non-Complying Use,
Building or Structure provided that such repair or restoration does not Further Contravene any of the provisions
of this By-law or constitute a Replacement.
c)
Additions And Accessory Uses Permitted
i)
Nothing in this By-law shall prevent an addition to a Non-Complying Use, Building or Structure,
provided that such addition does not Further Contravene any of the provisions of this By-law.
ii)
Nothing in this By-law shall prevent the erection or enlargement of Buildings, Structures and
Uses Accessory to a Non-Complying Use, Building or Structure, provided that such erection or
enlargement does not Further Contravene any of the provisions of this By-law.
3.7
DWELLING UNITS
3.7.1 Yard Provisions For Non-Residential Buildings
Where a Dwelling Unit is located in a non-residential Building, such Dwelling Unit shall comply with the Yard
provisions of this By-law which apply to the said non-residential Building.
3.7.2 Cellar Location
No Dwelling Unit shall be located in a Cellar.
3.7.3 Basement Location
A Dwelling Unit, in its entirety, may be located in a Basement, provided that:
a)
The finished floor level of such Basement is not below the level of any Sanitary Sewer or Storm Sewer
serving the Building in which such Basement is located, and
b)
There is at least one story located above such Basement containing habitable space.
3.8
ADDITION OF SECOND DWELLING UNIT IN SINGLE DETACHED DWELLINGS
In those Zones where Single Detached Dwellings are permitted, the addition of a second Dwelling Unit may be
established in the Single Detached Dwelling subject to the following provisions:
a)
Only one (1) additional Dwelling Unit will be permitted.
b)
One parking space is to be provided for the additional Dwelling Unit.
c)
All parking spaces are to be located in an interior side yard, rear yard, or in a garage.
d)
All provisions of the Fire Code and Building Code are to be complied with.
e)
No Dwelling Unit is to be established in a Cellar.
f)
There shall be no significant alteration to the exterior of the dwelling, except for required fire escapes,
and extra windows and entrances.
g)
The Dwelling must be inspected by the Corporation's Building Inspector before the additional Dwelling
Unit is occupied.
h)
In areas served with private on-site sewage systems, the proposed conversion must be approved
under Part 8 of the Ontario Building Code before the additional Dwelling Unit is to be established.
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Municipality of Brooke-Alvinston
Zoning By-law
3.9
LOT DEVELOPMENT REQUIREMENTS
3.9.1 Frontage on a Street
No Lot shall be used and no Building on a Lot erected or used unless the Lot fronts on a Street which is
opened and maintained on a year round basis. Despite the foregoing, a Building or Structure may be erected
upon a Lot within a registered plan of subdivision in accordance with the provisions of a Subdivision
Agreement in respect of such plan of subdivision even though the Streets within such plan of subdivision have
not been assumed and are not being maintained by the Corporation.
3.9.2 More than One Use on a Lot
When a Lot contains more than one Use, each such Use shall conform to the provisions of this By-law for such
Use in the Zone where it is located.
3.9.3 More than One Zone on a Lot
When a Lot is divided into more than one Zone, each such portion of the Lot shall be used in accordance with
the provisions of this By-law for the applicable Zones. Where a portion of a Lot is Zoned Environmental
Protection, such portion may be included in determining the minimum Lot area requirements and the
Environmental Protection Zone line shall not be considered a lot line for Setback purposes on the adjoining
Zoned area provided that no Building or Structure is located on that part of the Lot Zoned Environmental
Protection.
3.9.4 Number of Main Buildings on a Residential Lot
Unless otherwise stated, in a Residential 1 (R1) and Residential 4 (R4) Zone, no Lot that is used for residential
purposes, shall be occupied by more than one (1) Main Building.
3.9.5 Existing Lots
In any Zone, where one or more Existing Lots are held in separate ownership and have insufficient Lot Area
and/or Frontage, this By-law shall not prevent the Use of such Lot and the construction of any Building or
Structure Permitted by this Bylaw, provided that all other provisions of this By-law are complied with and
provided that the lot can be serviced with a potable water supply and sanitary sewerage facilities or septic
system.
Notwithstanding the above clause, the erection of new dwellings containing more than one dwelling unit shall
comply with the lot area and/or frontage provisions per dwelling unit.
3.10
HOME OCCUPATIONS
3.10.1 All Home Occupations
No Home Occupation shall be permitted in any Zone unless such Use complies with the following provisions:
a)
No Person other than a member of the family and not more than two Persons not residing on the
premises shall be employed at the premises.
b)
No more than one (1) physician, dentist or drugless practitioner shall practice in a Clinic where such
Clinic constitutes a Home Occupation. Such physician, dentist or drugless practitioner shall reside in
the Dwelling Unit, where such Clinic is located.
c)
A Sign shall be permitted in accordance with Section 3.20 of this By-law.
d)
Not more than 25% of the Gross Floor Area of the Dwelling shall be exclusively devoted to the Home
Occupation.
e)
The Home Occupation shall be clearly secondary to the main residential Use, be operated and
contained entirely within the Dwelling and shall not change the residential character of the Dwelling or
the Lot.
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Municipality of Brooke-Alvinston
Zoning By-law
f)
There shall be no Open Storage or display of materials, containers or finished products.
g)
The Home Occupation shall not create or become a public nuisance in regard to noise, traffic, parking
or interference with radio or television reception, vibration, smoke, dust, heat, odorous material,
humidity, glare, refuse or other objectionable omission.
h)
In areas served with private on-site sewage systems, the Home Occupation must be approved under
Part 8 of the Ontario Building Code before the Home Occupation is established.
i)
Except as provided for in Section 3.10.1(j) of this By-law, the Home Occupation shall not require the
creation of additional on-site Parking Spaces unless the said Home Occupation occupies more than 56
square metres. If such is the case, one Parking Space shall be provided for every 28 square metres
exclusively devoted to the Home Occupation.
j)
A Bed And Breakfast Establishment shall require 1 Parking Space per Guest Room. A Clinic shall
require 5 Parking Spaces or 1 Parking Space for every 28 square metres exclusively devoted to the
Clinic whichever is the greater.
3.10.2 Agricultural Home Industry
An Agricultural Home Industry shall be permitted in any Agricultural Zone and such Use must comply with the
following provisions:
a)
The Agricultural Home Industry shall be carried on entirely within a Building or Structure Accessory to
an Agricultural Use.
b)
An Agricultural Home Industry shall not exceed 90 square metres and no more than 25% of the Gross
Floor Area of the Dwelling shall be exclusively devoted to the Home Industry.
c)
The total amount of Open Storage shall not exceed 90 square metres.
d)
In all other respects, Section 3.10 of this By-law shall apply.
3.11
GROUP HOMES
Where Permitted, Group Homes, as defined in this By-law, shall be separated by a minimum distance of 250
metres.
3.12
HUMAN OCCUPANCY OF TRUCK, BUS AND COACH BODIES OR TRAVEL TRAILERS, TRUCK
CAMPERS, MOTOR HOMES OR TENTS
No truck, bus, coach or streetcar body shall be used for human occupancy within the Municipality whether or
not the same is mounted on wheels.
No Travel Trailer, truck camper, or Motor Home shall be used for the living, sleeping or eating accommodation
of Persons within any Residential Zone for a period of more than thirty (30) days in any period of ten (10)
consecutive months.
Notwithstanding, where a Single Detached Dwelling is destroyed or damaged by fire or natural disaster, a
Motor Home, Travel Trailer or Mobile Home may be Erected and Used as a temporary Dwelling on the same
Lot provided that building permit has obtained to repair or replace the destroyed or damaged Dwelling and
provided the temporary Dwelling is removed with 240 days of the time the primary Dwelling was destroyed or
damaged. Where construction is not completed within this 240 days, this period may be extended by a motion
of Council where Council is satisfied that construction has begun and is progressing in earnest.
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Municipality of Brooke-Alvinston
Zoning By-law
3.13
PERMITTED ENCROACHMENTS
3.13.1 Yard Encroachments Permitted
Unless otherwise specified by this By-law, every part of any Yard required by this By-law shall be open and
unobstructed by any Building or Structure from the ground to the sky, provided however, those Structures
listed below shall be Permitted to encroach into the Required Yards indicated for the distances specified:
STRUCTURE
YARD IN WHICH
ENCROACHMENT
IS PERMITTED
MAXIMUM ENCROACHMENT
PERMITTED INTO REQUIRED
YARDS UNDER ZONE
REGULATIONS
a)Sills,
belt
courses,
cornices, eaves, gutters,
chimneys
or
similar
architectural Structure
Any Yard
0.6 metre
b)Outdoor heating and
air conditioning Unit
Any Yard
1.5 metres
c)Porches (unenclosed)
excluding eaves
Any Yard
2.4 metres
d)Decks (unenclosed)
Any Yard
2.4 metres
e)Balconies and Steps
(unenclosed)
Any Yard
2.4 metres
f)Bay Windows,
Cantelivers and
Awnings
Front Yard and Rear Yard
1.0 metre
g)Cantilever
Side Yard and Rear Yard
1.0 metre
Provided however that c), d), e), f) and g) shall not be any closer than 1.2 metres to an interior lot line.
In any Agriculture Zone, where a Dwelling Unit is Non-Complying regarding the required front yard Setback, a
Deck (unenclosed) may be added to the Dwelling if such Deck is no closer to the front lot line than the front of
the Building.
3.13.2 Building in Built-Up Areas
Where a Building is to be erected within a Built-Up area where there is an Established Building Line, such
Building may be erected closer to the Street Line than required by this By-law provided that such Building is
not erected closer to the Street Line than the Established Building Line.
3.13.3 Yard Depth Non-Compliance
Where in any Zone, a Building or Structure lawfully existed on the date of passing of this By-law and is used for
a Permitted Use and the Existing Building or Structure does not comply with the minimum required Yards for
the Zone in which it is situated, the Existing Yards shall be deemed to be the minimum required Yards for that
Building or Structure. Any expansion to the Existing Building or Structure shall comply with all provisions of
this By-law.
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Municipality of Brooke-Alvinston
Zoning By-law
3.14
PRIVATE SWIMMING POOLS
A Private Swimming Pool shall not be considered as part of the Lot Coverage. Fences surrounding Private
Swimming Pools shall comply with the By-laws of the Corporation regulating such fences. Private Swimming
Pools shall be subject to the same Setbacks as required by Section 3.3.3.
3.15
DECK (UNENCLOSED)
A Deck (Unenclosed) shall not be considered as part of the Lot Coverage and shall be subject to the same
Setbacks as Accessory Buildings or Structures in the Zone they are Permitted.
3.16
HEIGHT RESTRICTIONS
The height provisions of this By-law shall not apply to the following:
a) an air conditioner duct; b) a belfry; c) a chimney; d) a church spire; e) a clock tower; f) an elevator
penthouse; g) a farm building; h) a flag pole; i) a grain elevator; j) a radio antenna; k) a television antenna; l) a
farm silo; m) a water tower and n) a wind turbine.
3.17
OPEN STORAGE REGULATIONS
a)
Minimum Setbacks
Unless otherwise specified hereinafter, the minimum Setback from any Front, Side or Rear Lot Line of any
Permitted Open Storage in any Zone shall be no less than the respective minimum Front, Interior or Exterior
Side or Rear Yard of the Zone in which the Open Storage is located, except in the case of a Permitted
Agricultural Use, a Motor Vehicle Parking Lot, the outside display for sale or lease of goods products and
materials in conjunction with a Permitted Commercial or Industrial Use, Extractive Use, Transport Truck
Terminal, Salvage Yard, or a Storage Depot.
In the case of an Agriculture (A), Industrial (M), Commercial Industrial (CM) or a Commercial (C) Zone where
the side or rear of the lot line abuts a lot in the same Zone as the Zone in which the said lot is located, the
minimum setback of any permitted outdoor storage shall be 3 metres from said side or rear lot line.
b)
Parking
Any areas used for Permitted Open Storage 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 Spaces.
c)
Lighting
Where lighting facilities are provided in conjunction with any Permitted Open Storage, such lighting shall be so
arranged as to deflect light onto the Open Storage area and away from any adjoining properties.
d)
Screening
Any portion of a Lot used for Open Storage in an Industrial (M) Zone shall be enclosed by a fence. If such
Industrial Use abuts any Residential, Institutional or Open Space Zones, such fence shall be constructed of
solid materials and measure at least 1.8 metre in height.
e)
Surface Treatment
Any Open Storage area shall be maintained with a stable surface, treated so as to prevent the raising of dust
or loose particles and drained in accordance with the requirements of the Municipality.
3.18
SPECIAL SETBACK PROVISIONS
3.18.1 Setbacks from Ditches and Drains
No Buildings or Structures shall be erected after the date of passing of this By-law closer than 15 metres from
the Top of Bank of any open drainage ditch or natural watercourse. No Building or Structure shall be erected:
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Municipality of Brooke-Alvinston
Zoning By-law
a)
Closer than 15 metres, measured perpendicularly, from the centre line of a Closed Municipal Drain, or
b)
Closer than 5 metres measured perpendicularly, from the centre line of a Storm Sewer, sanitary sewer
or water main; or,
c)
Closer than the actual depth of Storm Sewer, sanitary sewer or water main, where such facility is
located more than 5 metres below grade.
3.18.2 Sight Triangles
Within any area defined as a Sight Triangle, the following shall be prohibited:
a)
Any vegetation, shrubs or foliage planted or maintained higher than 1 metre above Finished Grade.
This requirement shall not apply to Agricultural Uses, excluding the temporary storage of bales of hay,
straw and other similar agricultural products.
b)
A Finished Grade exceeding the elevation of the centre line of the Street intersection by more than 60
centimetres.
c)
Buildings, Structures, Signs or fences, the top of which exceeds the elevation of the centre line of the
adjoining Streets by more than 1 metre in height.
d)
In all Zones, other than the (C1) Zone and the Agricultural (A) Zones, a Sight Triangle of 9 metres shall
be required from the point of intersection of the Street Lines.
e)
In the Agricultural (A) Zone, a Sight Triangle of 75 metres shall be required from the point of
intersection of the Street Lines, notwithstanding minimum yard requirements in Table A.
3.18.3 Setbacks from Wind Turbines & Meteorological Masts
With the exception of the setback described in Sections 3.32.1 g) iii), the Erection of a Livestock Facility and
the Erection of a Dwelling on a Lot in a Residential, if there is any Setback, under Section 3.32, that a Wind
Turbine or Meteorological Mast is required to meet from a Structure, Use or Zone, the establishment or
expansion of any such Structure, Use or Zone shall meet the same Setback from a Meteorological Mast or a
Wind Turbine, if the Wind Turbine has a rotor diameter greater than 6m.
3.19
PLANTING STRIPS
A Planting Strip shall be located within the Zone and on the lot for which it is required. It shall be planted,
nurtured and maintained by the owner of the Lot on which the Planting Strip is located. The responsibility of
maintenance of trees and plants rests with the owner.
3.19.1 Required Location
Where a Lot is for a non-residential purpose and:
a)
The Interior Side Lot Line or Rear Lot Line abuts any residential Use or undeveloped land in a
Residential Zone, or
b)
Where such Lot is in an Industrial Zone and the Front, Side or Rear Lot Line abuts a Street Line and
the opposite Street Line abuts any residential Use or undeveloped land in any Residential Zone then
the land adjoining such abutting Lot Line or Street Line shall be used for no purpose other than a
Planting Strip in accordance with the provisions of this subsection.
3.19.2 Width
Where, in any Zone, land is required to be used for no purpose other than a Planting Strip, it shall have a
minimum width of 3 metres measured perpendicularly to the Lot Line adjoining such Planting Strip.
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Municipality of Brooke-Alvinston
Zoning By-law
3.19.3 Height
The minimum height of a Planting Strip shall be 1 metre at the time of planting.
3.19.4 Interruption for Driveway or Walk
Where a driveway or walk extends through a Planting Strip it shall be permissible to interrupt the Planting Strip
within 3 metres of the edge of such driveway or within 1.5 metres of such walk.
3.19.5 Landscaped Open Space
A Planting Strip may form part of any Landscaped Open Space required by this By-law.
3.20
SIGNS
a)
Nothing in this By-law shall apply to prevent the erection, alteration or Use of any Sign, provided such
Sign complies with the By-laws of the Corporation regulating Signs and provided such Sign complies
with the provisions of this By-law.
b)
Signs that are lawfully erected and maintained, directly related to, and pertinent to the function of any of
the Permitted Uses of this By-law are Permitted provided that in a Residential Zone, the following shall
be Permitted:
i)
One non-illuminated real estate Sign having a maximum area of 0.5 square metres advertising
the sale, rental or lease of the Building, Structure or Lot upon which the Sign is displayed.
ii)
One non-illuminated Sign having a maximum area of 0.3 square metres displaying the name
and address of a doctor, dentist, drugless practitioner, or person engaged in a Permitted Home
Occupation, residing on the Lot on which the Sign is displayed.
iii)
One non-illuminated Sign having a maximum area of 5 square metres advertising the name and
particulars of a subdivision or similar development project provided such Sign shall be removed
upon completion of the project.
c)
For any Permitted Home Occupation or Agricultural Home Industry located in an Agricultural (A) Zone,
one non-illuminated Sign having a maximum area of 2 square metres displaying the name and address
of a Person engaged in a Permitted Home Occupation or Agricultural Home Industry, residing on the
Lot on which the Sign is displayed, shall be Permitted.
d)
Temporary and seasonal Agricultural signs are permitted to showcase events and varieties.
3.21
ENVIRONMENTAL PROTECTION ZONES
No, Building or Structure shall be used or erected in any Environmental Protection Zone, except for activities
that create or maintain infrastructure authorized under an environmental assessment process, or works subject
to the Drainage Act.
3.21.1 Environmental Protection Wetland Zone
Development may be permitted on lands within 120 metres of the Environmental Protection Wetland (EP-WET)
Zone, subject to the execution of a site plan agreement, or other agreement, specifying development
conditions and boundaries, based on an environmental impact evaluation, prepared by a qualified professional
in accordance with the provisions of the Official Plan and to the satisfaction of the municipality. The
environmental impact evaluation must demonstrate that there will be no negative impact on the natural
features or on the ecological functions for which the area is identified.
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Municipality of Brooke-Alvinston
Zoning By-law
3.21.2 Environmentally Hazardous Lands
Notwithstanding any other provisions of this By-law, no permanent Buildings or Structures shall be erected or
used on lands which exhibit, or potentially exhibit, a hazardous condition as a result of their susceptibility to
flooding, erosion, subsidence, inundation, or the presence of organic soils or steep slopes, or on land where,
by reasons of its low lying, marshy or unstable character, the cost of construction of satisfactory waterworks,
sewage, or drainage facilities is prohibitive.
3.22
COMMERCIAL AND INDUSTRIAL ZONES ABUTTING OR ADJACENT TO RESIDENTIAL,
INSTITUTIONAL, AND OPEN SPACE ZONES
Where any Commercial Zone or Industrial Zone fronts on a Street or road opposite to, or directly abuts any
Residential Zone, Institutional, or Open Space Zone, the following provisions shall be complied with:
a)
No Loading Space shall be located in, nor open onto any Yard adjacent to a neighbouring Zone as
listed above.
b)
Exterior lighting and illuminated Signs shall be so arranged as to deflect light away from the adjacent
Zone.
c)
Outside/Open Storage shall be prohibited in any Front Yard or Side Yard adjacent to the neighbouring
Zone. Where permitted, the provisions of Section 3.17 shall apply.
d)
A Planting Strip shall be provided in accordance with the provisions of Section 3.19.
3.23
ACCESS
All Uses, Buildings or Structures shall have frontage on and access to a street.
3.24
SETBACK FROM STREET FOR THROUGH LOTS AND CORNER LOTS
Notwithstanding any other provisions of this By-law where a Lot is a Through Lot or has frontage on more than
one Street, the Setback and Front Yard requirements contained herein shall apply on each Street in
accordance with the provisions of the Zone or Zones in which the Lot is located.
3.25
CONVERSION OF EXISTING DWELLINGS
In a Residential Zone where Converted Dwellings are Permitted in Existing Single Detached Dwellings, Single
Detached Dwellings may be altered, remodeled, enlarged and used for purposes of a Multiple Dwelling,
provided that:
a)
The residence prior to conversion has a minimum Gross Floor Area of 112 square metres.
a)
No Dwelling Unit so created contains a Floor Area of less than thirty-five (35) square metres.
c)
After conversion no more than a total of three (3) Dwelling Units exist.
d)
There is no increase to the Gross Floor Area of the Building for habitable purposes except for the
addition of sun Porches, entrance ways and dormers.
e)
Any outside stairways (except for required fire escapes) be located in the Rear Yard.
f)
No Building may be converted unless the Lot has a minimum of 100 square metres of Landscaped
Open Space located in the Rear Yard. For any conversion an additional 35 square metres of
Landscaped Open Space must be provided for each additional Dwelling Unit.
g)
The off-street parking requirements of this By-law are complied with.
h)
Where the Building cannot be connected to an Existing sanitary sewer system, alternative sewage
treatment facilities approved under Part 8 of the Environmental Protection Act shall be provided.
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Municipality of Brooke-Alvinston
Zoning By-law
3.26
RAILWAYS
Residential Use Setbacks
New residential development adjacent to existing rail lines shall have a minimum Setback of 30 metres from
the boundary of the railway right of way. Lawfully existing Buildings and Structures shall comply with Section
3.13.3 Yard Depth Non Compliance.
Railway Crossings
Where a Street crosses a railway at the same grade, no Building or Structure shall be erected closer to the
point of intersection of the centre lines of both the railway and Street Right-Of-Ways than:
i)
75 metres in all Agricultural (A) Zones and Industrial (M) Zones, and
ii)
30 metres in all other Zones.
3.27
PARKING AREA REGULATIONS
3.27.1 Requirements
The owner or occupant of every Building or Structure erected or used for any of the purposes hereinafter set
forth except for Existing Buildings, Structures or Uses in the Central Commercial (C1) Zone, shall provide and
maintain for the sole Use of the owner, occupant, or other Persons entering upon or making Use of the said
premises from time to time, one or more Parking Spaces each such Parking Space having a minimum width of
2.7 metres, and minimum length of 5.5 metres, in accordance with the following:
TYPE OF USE
MINIMUM PARKING SPACE REQUIRED
RESIDENTIAL USES
Boarding house
1 Parking Space per Dwelling Unit, plus 1 Parking Space
per guest room
Group Home
1 Parking Space per staff member
Multiple Dwelling
1.5 Parking Spaces per Dwelling Unit except that, for a
senior citizens' apartment the minimum requirement shall
be 1 parking space per 2 dwelling units.
Homes for the Aged, Rest Home
1 Parking Space for every 4 Dwelling units. A minimum of
25% of all required spaces shall be set aside and identified
as visitors' parking.
Mobile Home located in a
2 Parking Space per Mobile Home
Mobile Home Park
Townhouse
1.5 Parking Spaces per Dwelling Unit
Other Residential Uses
1 Parking Space per Dwelling Unit
Permitted by this By-law
NON-RESIDENTIAL USES
Animal Hospital,
1 Parking Space for each 28 square metres of Gross Floor
Area
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Municipality of Brooke-Alvinston
Zoning By-law
Assembly Hall, Auditorium
1 Parking Space for every 8 fixed seats plus 1 Parking
Space for each 18.5 square metres of Gross Floor Area
(excluding area occupied by fixed seating)
Auction Hall
1 Parking Space for every 5 square metres Gross Floor
Area accessible to the public
Auto Repair
3 Parking Spaces per staff member
Establishment
Auto Sales
1 Parking Space per 30 square metres of Establishment
Gross Floor Area plus 1 Parking Space per 10 Motor
Vehicles on display
Auto Service
5 Parking Spaces per working bay
Establishment
Auto Washing
Establishment
i)
Self-service Operation
4 Parking Spaces per wash stall
ii)
Conveyor Operation
8 Parking Spaces per wash stall
Bank
1 Parking Space per 20 square metres of Gross Floor Area
Bed and Breakfast
1 Parking Space per guest room
Bingo Hall
The greater of:
a) 1 Parking Space per 14 square metres of Gross Floor
Area;
b) 1 Parking Space for 4 Person Occupant Load of the hall
Church
1 Parking Space per 10 square metres of Gross Floor Area
Clinic
The greater of:
a) 5 Parking Spaces per practitioner; or
b) 1 Parking Space per 18.5 square metres of Gross Floor
Area
Convenience Store
1 Parking Space per 20 square metres of Gross Floor Area
Day Nursery
1 Parking Space per staff member
Flea Market
1 Parking Space for every 5 square metres of Gross Floor
Funeral Home
The greater of:
a) 1 Parking Space for every 5 fixed seats and 1 Parking
Space for every 5 square metres Floor Area where non-
fixed seating can be made available for chapel purposes;
or
b) 1 Parking Space for every 5 square metres of Floor
Area devoted to reposing rooms
Hospital, Nursing Home
1 Parking Spaces per bed
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Municipality of Brooke-Alvinston
Zoning By-law
Hotel
1 Parking Space per bed plus 1 Parking Space per 20
square metres of communal eating or entertainment area
Industrial Use
1 parking space for each 55 square metres of gross floor
area up to 2 800 square metres and 1 parking space for
each 280 square metres of gross floor area in excess of 2
800 square metres.
Library
1 Parking Space for each 37 square metres of Gross Floor
Area
Miniature Golf Course
12 Parking Spaces minimum
Motel
1.25 Parking Space per Unit plus 1 Parking Space per 20
square metres of communal eating or entertainment area
Office
1 Parking Space per 37 square metres of ground Floor
Area, plus one Parking Space for each 70 square metres
of the remaining Gross Floor Area
Private Club
1 Parking Space for every 8 fixed seats and/or 1 Parking
Space for each 18.5 square metre of Gross Floor Area
(excluding areas occupied by fixed seating)
Recreation, Commercial
The greater of:
a) 1 Parking Space per 14 square metres of Gross Floor
Area
b) 1 Parking Space per 4 Persons Occupant Load of the
establishment
Restaurant
The greater of:
a) 1 Parking Space per 14 square metres of gross floor
area; or
b) 1 Parking Space per 4 Persons design capacity of the
dining room.
Restaurant, Drive-In
10 Parking Spaces per Lot
Retail Store, Merchandise
1 Parking Space per 20 square metres of retail space plus
1 space for each 70 metres of remaining gross floor area
Service Shop, Personal
1 Parking Space per 20 square metres of service space
plus 1 space for each 70 metres of remaining gross floor
area.
Service Shop
1 Parking Space per 37 square metres of ground floor area
Retail warehouse
1 Parking Space per 90 square metres of Gross Floor area
for the first 900 square metres plus 1 Parking Space for
each 180 square metres of remaining Gross Floor Area
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Municipality of Brooke-Alvinston
Zoning By-law
School
1.5 Parking Spaces per classroom, or teaching area plus
adequate off street loading Zones for buses
Shopping Centre
1 Parking Space per 28 square metres of Gross Floor Area
Tavern
1 Parking Space for each 5 square metres of Gross Floor
Area accessible to the public and devoted exclusively to
such Uses
Truck Transport Terminal
1 space for every 50 square metres of gross floor area
Warehouse
5 Parking Spaces minimum for the first 1,858 square
metres of Gross Floor Area and 1 Parking Space for each
additional 300 square metres of Gross Floor Area
Other Non-Residential Uses
1 Parking Space per 37 square metres of Gross Floor Area
Permitted in this By-law
a)
Parking Spaces shall be provided at the time of construction or in association with a change of
Use, according to the provisions of this By-law.
b)
If calculation of the required Parking Spaces results in a fraction, the required Parking Spaces
shall be the next higher whole number.
3.27.2 Addition to Existing Use
When an Existing Building or Structure has insufficient Parking Spaces at the date of passing of this By-law to
comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made
up prior to the construction of any addition. In the case of the expansion or enlargement of an Existing Building
or Structure, the requirement for provision of additional Parking Spaces shall be based on said expansion or
enlargement.
3.27.3 Change of Use
Where a change of Permitted Uses takes place in a Commercial Zone within an Existing Building or Structure
no additional parking facilities shall be required provided that:
a)
No Existing Parking Spaces are lost due to the change.
b)
The proposed Use does not constitute an increase in intensity with regard to parking requirements.
c)
The previous Use was not residential.
d)
The Gross Floor Area is not increased.
e)
No additional Residential units are created.
In the case of an increase in Gross Floor Area, the provisions of Section 3.27.2 shall apply.
3.27.4 More Than One Use On A Lot
When a Building, Structure or Lot accommodates more than one type of Use the Parking Space requirement
for such Building, Structure or Lot shall be the sum of the requirements for the separate Uses thereof.
3.27.5 Location
The required Parking Area shall not form a part of any Street or Lane. The required Parking Area shall be
provided on the Lot occupied by the Building, Structure or Use for which said Parking Area is required, except
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Municipality of Brooke-Alvinston
Zoning By-law
in the case of a non-residential Use, the required parking area may be provided on another Lot if such Parking
Area is not more than 150 metres from the Building, Structure or Use requiring the Parking Area and the
parking spaces are available for the exclusive Use of the Building, Structure or Use, provided an agreement is
registered on title of the lands used for parking committing said parking spaces to the related non-residential
site.
3.27.6 Yards Where Parking is Permitted
Despite any Yard provisions of this By-law to the contrary, uncovered surface Parking Areas shall be permitted
in all Yards provided that no part of any Parking Area, other than a driveway, is located closer than 2m from a
Front Lot Line or Exterior Side Lot Line or within a required Planting Strip and no portion of a Parking Area is
located in a required Sight Triangle.
3.27.7 Access To Parking
a)
Location
The minimum distance between a driveway and the intersection of Street Lines measured along the Street
Line intersected by such driveway shall be 9 metres.
b)
Width
Access to the required Parking Spaces and Parking Areas shall be provided by means of unobstructed
driveways or passageways at least 3 metres but not more than 9 metres in width. In the case of a driveway
with combined ingress and egress, the minimum width of a driveway shall be 6 metres for Parking Areas with 3
to 10 Parking Spaces and 7 metres for Parking Areas with more than 10 Parking Spaces. In all cases, the
maximum driveway width shall be 9 metres. All driveway widths shall be measured along the Street Line.
A driveway leading to any loading area or Parking Area shall be defined by a curb of concrete or rolled asphalt
and be maintained with a cement or asphaltic binder or any other permanent surfacing. This paragraph shall
not apply to residential dwellings with less than 3 Units.
c)
Aisles
The Aisles between Parking Spaces within a Parking Area shall have a minimum width of 6 metres.
d)
Angle of Intersection
The minimum angle of intersection between a driveway and a Street Line shall be 60 degrees.
e)
Number of Driveways
Every Lot shall be limited to the following number of driveways:
i)
Two driveways, with a combined width not exceeding 30% of the Lot frontage, for the first 30
metres of Lot frontage or portion thereof, and
ii)
One additional driveway for each additional 30 metres of Lot frontage.
3.27.8 Surface
a)
For any commercial, industrial or institutional Use, gravel shall be required as a minimum for surfacing
any Parking Area.
b)
For any residential Structure containing up to three (3) Dwelling Units, gravel shall be required as a
minimum for surfacing any Parking Area.
c)
For any residential Structure containing more than three (3) Dwelling Units, the Parking Area shall be
surfaced with a hard, dust free surface and curb stops as a minimum.
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Municipality of Brooke-Alvinston
Zoning By-law
3.27.9 Automobile Movement Lanes For Auto Washing Establishment
a)
Automatic auto washing establishments shall have on their premises sufficient space for the storage
and movement of at least 5 automobiles in advance of the 3 automobiles at the terminus of each wash
line.
b)
Self-service auto washing establishments shall have on their premises sufficient space for the storage
and movement of at least 3 automobiles in advance of and 1 automobile at the terminus of each wash
stall.
3.27.10 Restrictions In Residential Zones
a)
No Commercial Motor Vehicle that carries dangerous goods as defined in this By-law shall be parked or
stored in any Residential Zone.
b)
No Commercial Motor Vehicle with a capacity for carrying a load weighing one (1) tonne (2,200 lbs.
approx.) or more shall be parked or stored in any Residential Zone.
c)
The parking or storage of a boat, snowmobile, all-terrain vehicle, Travel Trailer or Motor Home is
Permitted in any Residential Zone provided that none of the above are parked or stored in a sight
triangle, a required Parking Space, a Front Yard or Exterior Side Yard. Where a boat, snowmobile, all-
terrain vehicle, Travel Trailer or Motor Home is parked or stored in an Interior Side Yard or Rear Yard, it
shall comply with the Setbacks imposed on Accessory Buildings and Structures as stated in Section
3.33 of this By-law.
3.27.11 Barrier Free Parking Spaces
Requirements
The owner or occupant of every Building or Structure erected or used for any of the purposes hereinafter set
forth except for Existing Buildings, Structures or Uses in the Central Commercial (C1) Zone, shall provide and
maintain barrier free parking spaces as being reserved for use by persons with disabilities. each such Parking
Space having a minimum width of 3.9 metres, and minimum length of 5.5 metres, in accordance with the
following:
Number of Parking spaces provided
Minimum barrier-free car spaces required
1-10
1
11-20
2
21-50
3
51-75
4
76-100
5
101-200
6
Over 200
7 + 1 additional space for each additional 100
spaces
3.28
LOADING SPACE REGULATIONS
3.28.1 Spaces Required
The owner or occupant of any Lot, Building or Structure erected or used for any purpose, involving the
receiving, shipping, loading or unloading of Persons, animals, goods, wares, merchandise or raw materials,
shall provide and maintain at the premises, facilities for loading. Loading Spaces shall measure at least 9
metres long, 3.5 metres wide and have a vertical clearance of at least 4.5 metres.
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Municipality of Brooke-Alvinston
Zoning By-law
Loading Spaces shall be required in accordance with the following:
GROSS FLOOR AREA OF
MINIMUM NUMBER OF
BUILDING OR STRUCTURE
LOADING SPACES REQUIRED
i)
more than 280 square metres to 2,800 square metres
1
ii)
more than 2,800 square metres to 5,600 square metres
2
Each additional 2,800 square metres of Gross Floor Area will require the addition of one additional Loading
Space.
3.28.2 Addition To Existing Uses
When an Existing Building or Structure has insufficient Loading Space at the date of passing of this By-law to
comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made
up prior to the construction of any addition. In the case of the expansion or enlargement of an Existing Building
or Structure, the requirement for the provision of Loading Spaces shall be based on said addition.
No additional Loading Spaces shall be required where an addition does not exceed 10% of the gross Floor
Area of the Building or Structure as it existed on the date of the passing of this By-law.
3.28.3 Loading Spaces Maintenance
Adequate drainage facilities are to be provided in accordance with the requirements of the Municipality.
Loading spaces and approaches are to be maintained with a stable surface that is treated to prevent the
raising of dust or loose particles.
3.28.4 Location
The required Loading Space shall be provided on the Lot occupied by the Building or Structure for which the
said Loading Spaces are required and shall not form a part of any Street or Lane. Loading spaces are to be
located in the rear yard where a lot has access at both the front and rear to a street or road.
3.28.5 Access
Access to Loading Spaces shall be by means of a driveway at least 6 metres wide contained within the Lot on
which the spaces are located.
3.29
LOTS REDUCED BY PUBLIC ACQUISITION
Where the area of a Lot is reduced by means of an acquisition of part of the Lot by any authority having power
of expropriation, and where such acquisition causes the Lot as reduced, or any Building or Structure Existing
lawfully on the Lot on the date of such acquisition, to not comply with one or more provisions of this By-law,
then nothing in this By-law shall apply to prevent the continued Use of the Lot as reduced as if no such
acquisition had taken place, provided that:
a) No further change is made in the dimensions, area or any other characteristic of the Lot as reduced,
subsequent to the date of such acquisition, that would increase the extent of the said non-compliance; and
b) No Building or Structure or addition thereto is erected on the Lot as reduced, subsequent to the date of such
acquisition, except in accordance with the provisions of this By-law.
3.30
SPECIAL PROVISION FOR THE KEEPING OF LIVESTOCK
No person shall keep livestock on any lot unless the Lot contains a minimum of 0.4 hectares of Pasture Area.
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Municipality of Brooke-Alvinston
Zoning By-law
3.31
STORAGE OF SPECIAL VEHICLES
a)
Special Vehicles Permitted
No person shall use any lot in any Residential (R) Zone for the purpose of parking or storing a boat,
snowmobile, tractor, tractor trailer or travel trailer except for:
i)
One boat which shall not exceed 8.23 metres in length.
ii)
One travel trailer or one tourist vehicle which shall not exceed 8.23 metres in length, exclusive
of hitch or tongue.
iii)
Two snowmobiles.
iv)
One tractor or combined tractor and tractor trailer which shall not exceed 8.23 metres in length.
b)
Fully Enclosed
Notwithstanding the preceding paragraphs, the limitations imposed herein shall not restrict the number
of such boats, snowmobiles, tractors, tractor trailers, travel trailers or tourist vehicles which are stored
in a fully enclosed private garage carport or other building.
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Municipality of Brooke-Alvinston
Zoning By-law
3.32
WIND TURBINES AND METEOROLOGICAL MASTS
3.32.1 Wind Turbines
Measurement
a)
Unless expressed otherwise, Wind Turbine height shall be measured from the ground, Structure
or foundation on which the Wind Turbine tower rests to the centre of the rotor hub in the case of
hub height or to the uppermost reach of the rotor blades in the case of total tower height.
b)
Setbacks specific to Wind Turbines shall be measured to centre of tower base. Other parts,
including rotor blades, or Accessory Uses to a Wind Turbine shall be subject to the Setbacks
applicable to other Uses in the applicable Zone.
Size - Height - Number per Lot
c)
Maximum rotor diameter of a Wind Turbine shall be:
i)
4m in a Residential Zone.
ii)
Equal to 1.3 times hub height in an A1, A2 or M4 Zone.
iii)
12m in all other Zones.
d)
Maximum hub height from grade of a Wind Turbine shall be:
i)
31m in a Residential Zone or on a Lot abutting a Residential Zone.
ii)
110m in an A1, A2, or M4 Zone.
iii)
45m in any other Zone.
iv)
Other than a Permitted Wind Farm, no more than 2 Wind Turbines shall be located on
any one Lot.
e)
Wind Turbines shall have a minimum hub height of 20m above grade.
Setbacks - Location
f)
Wind Turbines shall be Erected in compliance with the following minimum Setbacks:
i)
total tower height from any Building on a separate Lot, Road Allowance, or above-
ground public utility lines.
ii)
the lesser of hub height or 50m from a Lot Line other than a Road Allowance, or for a
Wind Turbine with a rotor diameter of 6m or less, half hub height from a Lot Line abutting
a cropped or pastured area in an Agricultural Zone.
iii)
0m setback shall be permitted where a turbine developer has an agreement providing
compensation with both land owners and both land owners provide written consent to
the Township.
iv)
600m from any contiguous group of four or more Lots primarily in a non-Agricultural
Zone, for a Wind Turbine with a rotor diameter greater than 12m or a hub height greater
than 45m.
v)
250m from a Livestock Facility on a separate lot, other than a Manure Storage Facility,
for a Wind Turbine with a rotor diameter greater than or equal to 12m.
vi)
250m from a Dwelling on a separate Lot, for a Wind Turbine with a rotor diameter less
than 12m.
vii)
550m from a Dwelling on a separate Lot, for a Wind Turbine with a rotor diameter
greater than or equal to 12m.
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Municipality of Brooke-Alvinston
Zoning By-law
g)
Wind Turbines shall not be located in a Required Front or Exterior Side Yard.
Wind Farms
h)
Any Lot having a Wind Turbine with a rated name plate capacity greater than 40kW and
exceeding either of the following shall be considered a Wind Farm:
i)
500 kW rated name plate capacity, or
ii)
25.5 kW rated name plate capacity per hectare of Lot Area.
i)
Any Lot where the combined rated name plate capacity of the Wind Turbines located thereon is
greater than 80kW and exceeds either of the following shall be considered a Wind Farm:
i)
800 kW rated name plate capacity per Lot, or
40 kW rated name plate capacity per hectare of Lot Area
3.32.2 Meteorological Masts
a)
A Meteorological Mast's base shall be located a minimum of the tower's height from a Lot Line
and 250m from a Dwelling on a separate Lot.
b)
Maximum height of a Meteorological Mast shall be 100m from grade.
3.32.3 General
a)
No advertising Signs except a manufacturer's logo shall be Permitted on a Wind Turbine or
Meteorological Mast at a height greater than 6m above grade.
b)
The same minimum Setbacks that apply to Wind Turbines and Meteorological Masts in respect
to a Dwelling on a separate Lot shall also apply with respect to the following:
i)
Vacant Lots in a Residential (R) Zone
ii)
Institutional (I) Zones or Institutional Uses
iii)
Open Space 1 (OS1) Zones
iv)
Open Space 2 (OS2) Zones
c)
Wind Turbines and Meteorological Masts shall not be Permitted in the following Zones:
i)
Environmental Protection - Hazard (EP-H) Zones
ii)
Environmental Protection - Wetland (EP-WET) Zones
iii)
Environmental Protection - Woodlot (EP-WD) Zones
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Municipality of Brooke-Alvinston
Zoning By-law
SECTION 4 - ZONES, ZONE SYMBOLS & ZONE MAPS
4.1
ESTABLISHMENT OF ZONES
For the purpose of this By-law the Municipality is divided into the following defined areas herein referred to as
Zones:
SECTION
ZONE NAME
SYMBOL
5
Agricultural 1
A1
6
Agricultural 2
A2
7
Residential 1
R1
8
Residential 3
R3
9
Residential 4
R4
10
Central Commercial
C1
11
Highway Commercial
C2
12
Rural Commercial
C3
13
Mixed Commercial Industrial
CM
14
Industrial
M1
15
Light Industrial
M2
16
Industrial Waste Disposal
M3
17
Extractive Industrial
M4
18
Institutional
I
19
Open Space 1
OS1
20
Open Space 2
OS2
21
Environmental Protection - Wetland
EP-WET
22
Environmental Protection - Woodlot
EP-WD
23
Environmental Protection -Hazard
EP-H
4.2
USE OF SYMBOLS
The symbols listed in Subsection 4.1 may be used to refer to any of the Uses of land, Buildings and Structures
Permitted by this By-law in the said Zones and whenever in this By-law the word "Zone" is used, preceded by
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Municipality of Brooke-Alvinston
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any of the said symbols, such Zone shall mean any area delineated on the Zoning Maps and designated
thereon by the said symbol.
4.3
HOLDING (H) SYMBOL
4.3.1 The Use of the Holding (H) Symbol
Where a holding symbol is added as a suffix to any Zone category, development within the area affected
cannot proceed until the conditions specified in the provisions have been fulfilled. Council will remove the
Holding Symbol once the conditions restricting development have been satisfied.
4.4
APPLICATION OF ZONES
No Person shall, within any of the Zones defined in the By-law and delineated on the Zoning Maps hereto
appended, erect or Use any Building or Structure, or Use any land in whole or part except in such manner and
for such purposes as are set forth in this By-law.
4.5
INCORPORATION OF ZONING MAP
The location and boundaries of the Zones established by this By-law are shown on the Zoning Maps hereto
appended as Schedules A, and Parts 1 and 2 to Schedule A which are hereby incorporated in and declared to
form part of this By-law.
4.6
INTERPRETATION OF ZONING MAP
Where uncertainty exists with respect to the boundaries of the various Zones as shown on the Zoning Maps,
the following provisions shall apply:
a)
Street, Lane, Right-Of-Way, or Watercourse
Unless otherwise shown, a Street, Lane, railway Right-Of-Way, electrical transmission line Right-Of-Way,
creek or watercourse shall be included within the Zone of the adjoining property on either side thereof and
where such Street, Lane, Right-Of-Way, creek or water course serves as a boundary between two or more
different Zones, the centre line of such Street, Lane, Right-Of-Way, creek or watercourse extending in the
general direction of the long dimension thereof, shall be deemed to be the boundary between Zones.
b)
Lot Lines
Where any Zone boundary is not shown to be a Street, Lane, Right-Of-Way, creek or watercourse, and where
the boundary approximately follows lot lines, such lot lines shall be deemed to be the Zone boundary.
c)
Closed Street, Lane or Right-Of-Way
In the event a Street, Lane or Right-Of-Way and the limits of any portion thereof is closed, the property
formerly within such Street, Lane or Right-Of-Way shall be included within the Zone adjoining the property, and
where such Street, Lane, or Right-Of-Way was a Zone boundary, the new Zone boundary shall be the former
centre line of the closed Street, Lane or Right-Of-Way.
d)
Conservation Authority Fill & Construction Lines
Certain lands within the Municipality are subject to Fill, Construction and Alteration Regulations pursuant to the
Conservation Authorities Act, R.S.O. 1990, Chap. C.27, as amended. The limits of these Conservation
Authority Regulated areas are shown for informational purposes on the Schedules to this By-law. Where any
Zone boundary is shown as following the limits of a Conservation Authority Regulated area, the Zone boundary
shall be deemed to correspond with the limits of such Regulated area. In the event that an application is made
to, and approved by, the Conservation Authority for a permit pursuant to the Fill, Construction and Alteration
Regulations, the lands for which such permit is issued shall be deemed to be included within the same Zone as
the adjoining non-Regulated lands.
e)
Scale From Zoning Map
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Municipality of Brooke-Alvinston
Zoning By-law
Where any Zone boundary is left uncertain after application of the provisions of Section 4.6, subsections a), b)
c) and d), of this By-law, then the boundary shall be determined by scale from the zoning maps to the centre of
the Zone boundary line.
4.7
TABLE A
No Person shall erect or Use any Building or Structure, or Use any land or cause or permit any Building or
Structure to be erected or used, or cause or permit any land to be used, in any Zone except in conformity with
the regulations as set out in Table A for that Zone.
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Municipality of Brooke-Alvinston
Zoning By-law
SECTION 5 - AGRICULTURAL 1 (A1) ZONE
5.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Agricultural 1 (A1) Zone except for one or more
of the following Uses:
a)
Agriculture, including one Farm Dwelling
b)
Single Detached Dwelling
Modular Home
c)
Antennae (maximum height 40 m)
Agricultural Home Industry
Bed and Breakfast Establishment
Commercial Greenhouse
Commercial Wind Turbines, but not a Wind Farm
Conservation
Forestry
Home Occupation
Kennel
Nursery
d)
Buildings, Structures and Uses Accessory to a Permitted Use
5.2
MINIMUM DISTANCE SEPARATION
a)
No new Dwelling or non-Agricultural Use, Building or Structure (including development on
Existing Lots) is Permitted closer to a Livestock Facility on a separate Lot than 300m or the
MDS I Setback calculated using Appendix "A" to this By-law, whichever is greater.
Notwithstanding, only the MDS I setback shall apply to Livestock Facilities having a Livestock
Housing Capacity of fewer than 25 Nutrient Units.
b)
No new Livestock Facility or Livestock Facility addition or reconstruction is Permitted closer to a
Dwelling on a separate Lot, a Lot Line or a non-Agricultural Use, Building or Structure on a
separate Lot, than the distance calculated using the MDS II formula found in Appendix "A" to
this By-law.
c)
Application of subsections a) and b) shall be in accordance with the Minimum Distance
Separation (MDS) Implementation Guidelines published by the Ontario Ministry of Agriculture,
Food and Rural Affairs as updated from time to time, subject to the specific provisions of this
By-law and Appendix "A" to the By-law and including the following:
i)
An Existing Dwelling may be replaced, despite not complying with subsection a),
provided that the Existing separation is not further reduced.
ii)
A Livestock Facility destroyed by fire or natural disaster may be replaced to the same
general location, despite not meeting MDS II, provided the existing separation is not
further reduced and the Factors A, B and D for the new Livestock Facility are no greater
than those of the previous Livestock Facility.
iii)
A new non-Agricultural Lot, whether or not containing a Dwelling, shall comply with
subsection a), even for Livestock Facilities already located on a separate Lot.
iv)
Subsection a) shall not apply where 4 or more non-Agricultural Uses are already closer
to the Livestock Facility than the Use under consideration and where the Use under
consideration is also closer to the same 4 or more non-Agricultural Uses than it is to the
Livestock Facility.
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Municipality of Brooke-Alvinston
Zoning By-law
v)
Cemeteries located in an Agricultural Zone shall be considered a Type A land Use for
the purposes of MDS II.
vi)
MDS I and MDS II shall not apply to Buildings or Structures Accessory to a Dwelling or
Buildings or Structures 10 m 2 or less in Ground Floor Area.
vii)
The required MDS I from an anaerobic digester or an associated co-substrate input tank
shall be 125m.
viii)
The required MDS II for an anaerobic digester or an associated co-substrate input tank
shall be 125m from a Type A Land Use, 250m from a Type B Land Use, 13m from an
Interior Side Lot Line or Rear Lot Line and 25m from a Front or Exterior Side Lot Line.
ix)
Even if no building permit is required, MDS II shall apply to the conversion of any non-
Livestock Building or Structure greater than 10 m2 in Ground Floor Area to use as a
Livestock Facility.
x)
Where no building permit is required, Existing Livestock Facilities may be converted for
use for a type of Livestock for which the Building was not previously used, designed or
suited, despite not complying with MDS II, provided there is no increase in non-
compliance through a resultant MDS II that is greater than that of the previous Use.
xi)
The capacity of Manure Storages that hold manure produced by Livestock not located
on the Lot or "digestate" produced from an anaerobic digester shall be considered in
determining the required MDS I and MDS II.
xii)
Calculations made using the MDS Computer Program Version 1.0.0 provided by the
Ministry of Agriculture, Food and Rural Affairs shall be considered equivalent to
calculations made using Appendix "A".
5.3
AGRICULTURAL 1 (A1) SPECIAL PROVISIONS
a)
A minimum separation of 250 m shall be maintained between kennels and between kennels and
residential uses.
b)
Notwithstanding the minimum Required Rear Yard of 7m in Table A, on Concession 7, S ½ Lot
15, the Rear Yard Setbacks of Existing Accessory Buildings created by consent application B-
03/06, granted by the Land Division Committee of the County of Lambton, shall be treated as
and deemed to be legally Non-Complying.
c)
Notwithstanding the minimum interior side yard of 3m in Table A, a 1.68m interior side yard
setback from the existing barn on Concession 10, E Part Lot 28, W ½ of E ½ Lot 28 (known
municipally as 8993 Petrolia Line) is permitted. A variance from the required MDS setback shall
be permitted at the existing setback.
5.4
AGRICULTURAL 1 (A1) TEMPORARY USES T
5.4.1 AGRICULTURAL 1, A1/T-1
In addition to the Uses Permitted in the Agricultural 1 (A1) Zone, for those lands described as Part Lot
18, Concession 4, (former) Brooke Township, the permitted uses may include the retail sales of used
clothing in an accessory building, as a temporary Use to the main residential use of the property. Such
temporary use will only be permitted until January 14, 2002.
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Municipality of Brooke-Alvinston
Zoning By-law
5.5
AGRICULTURAL 1 (A1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard A1 Zones. If a
regulation or Use is not specified, the list of Permitted Uses in Section 5.1 and/or the regulations of
Table A shall apply.
5.5.1 AGRICULTURAL 1(1) A1(1) ZONE
Permitted Uses
a)
Any use permitted in the A1 Zone
b)
Existing Truck Transport Terminal
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Municipality of Brooke-Alvinston
Zoning By-law
SECTION 5A - NO-DWELLING AGRICULTURAL (ND-A) ZONE
5A.1
PROHIBITED USES
No land, Building, or Structure shall be used or erected for the purposes of a Dwelling in the No-
Dwelling Agricultural (ND-A) Zone.
5A.2
PERMITTED USES
No land, Building, or Structure shall be used or erected in the No-Dwelling Agricultural (ND-A) Zone
except for one or more of the following Uses:
a)
Any Use Permitted in the Agricultural 1 (A1) Zone, excluding a Dwelling of any kind
b)
Buildings, Structures and Uses Accessory to a Permitted Use
5A.3
NO-DWELLING AGRICULTURAL (ND-A) SPECIAL PROVISIONS
a)
All site, building, zoning or other regulations or provisions of this by-law that are applicable in
the "Agricultural 1 (A1) Zone", excluding Permitted and prohibited Uses, shall apply in the "No-
Dwelling Agricultural (ND-A) Zone".
5A.4
NO-DWELLING AGRICULTURAL (ND-A) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard ND-A Zone. If a
regulation or Use is not specified the list of prohibited and Permitted Uses in Sections 5A.1 and 5A.2
and/or the regulations of Section 5A.3 shall apply.
5A.4.1 NO-DWELLING AGRICULTURAL ND-A(1) ZONE
PROHIBITED USES
a)
Livestock and Livestock Facilities
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Municipality of Brooke-Alvinston
Zoning By-law
SECTION 6 - AGRICULTURAL 2 (A2) ZONE
6.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Agricultural 2 (A2) Zone except for one or
more of the following Uses:
a)
Agriculture, including one Farm Dwelling, but excluding Livestock and Livestock Facilities
b)
Single Detached Dwelling
Modular Home
c)
Agricultural Home Industry
Antennae (maximum height 40 m)
Bed and Breakfast Establishment
Commercial Greenhouse
Commercial Wind Turbines, but not a Wind Farm
Conservation
Forestry
Home Occupation
Kennel
Nursery
d)
Buildings, Structures and Uses Accessory to a Permitted Use
6.2
MINIMUM DISTANCE SEPARATION
All Buildings, Structures and Uses Erected or established in the A2 Zone shall comply with the
separation requirements of Sections 5.2.
6.3
AGRICULTURAL 2 (A2) SPECIAL PROVISIONS
A minimum separation of 250 m shall be maintained between kennels and between kennels and
Residential Uses.
6.4
AGRICULTURAL 2 (A2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard A2 Zone. If a
regulation or Use is not specified the list of Permitted Uses in Section 6.1 and/or the regulations of
Table A shall apply.
6.4.1 AGRICULTURAL 2(1) A2(1) ZONE
Permitted Uses
a)
Any use permitted in the A2 Zone
b)
Any use permitted in the OS2 Zone
c)
Buildings, structures and uses accessory to a permitted use
54
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 7 - RESIDENTIAL 1 (R1) ZONE
7.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Residential 1 (R1) Zone except for one or
more of the following Uses:
a)
Single Detached Dwelling
Semi-Detached Dwelling
Duplex Dwelling
Day Nursery
Group Home-Type 1
Converted Dwelling
Existing Agriculture, excluding buildings
b)
Home Occupations
c)
Bed and Breakfast Establishment
d)
Buildings, Structures and Uses Accessory to a Permitted Use
7.2
HOLDING ZONES
RESIDENTIAL 1 (H) R1(H) ZONE
Permitted Uses
Uses lawfully existing on the day this By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
To ensure the orderly development of lands and the adequate provision of municipal services, the "H"
symbol shall not be deleted until a subdivision agreement or development agreement is entered into,
for the lands in question, with the municipality.
7.3
RESIDENTIAL 1 (R1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard R1 Zone. If a
regulation or Use is not specified the list of Permitted Uses in Section 7.1 and/or the regulations of
Table A shall apply.
7.3.1 RESIDENTIAL R1(1) ZONE
Permitted Uses
a)
Any use permitted in the R1 Zone
b)
Existing Bulk Fuel Depot
7.3.2 RESIDENTIAL R1(2) ZONE
Permitted Uses
a)
Any use permitted in the R1 Zone
b)
An establishment, within a fully enclosed building, for welding and product repairs, steel and
metal fabrication, manufacturing of light products and storage of materials and products
c)
Buildings, Structures and uses accessory to a permitted use
55
Municipality of Brooke-Alvinston
Zoning By-law
7.3.3 RESIDENTIAL R1(3) ZONE
Permitted Uses
a)
Any use permitted in the R1 Zone
b)
Existing Church
c)
Buildings, Structures and Uses accessory to a Permitted Use.
7.3.4 RESIDENTIAL R1(4) ZONE
Permitted Uses
a)
Any use permitted in the R1 Zone
b)
Existing Apiary
7.3.5 RESIDENTIAL R1(5) ZONE
Permitted Uses
a)
Any use permitted in the R1 Zone
b)
Existing Abattoir
7.3.6 RESIDENTIAL R1(6) ZONE
Permitted Uses
a)
Any use permitted in the R1 Zone
b)
Existing Commercial Storage
c)
Commercial Use
7.3.7 RESIDENTIAL R1(7) ZONE
Permitted Uses
a)
Any use permitted in the R1 Zone
b)
Any use permitted in the A2 Zone
c)
Buildings, Structures and Uses accessory to a Permitted Use.
7.3.8 RESIDENTIAL R1(8) ZONE
Permitted Uses
a)
Any use permitted in the R1 Zone
b)
Existing Tire Repair Shop
7.3.9 RESIDENTIAL R1(9) ZONE
Permitted Uses
a)
All uses permitted in the R1 Zone
Site Regulations
Notwithstanding Section 2 - definitions FRONT LOT LINE; the "FRONT LOT LINE" means in the case of an
interior lot, the line dividing the Lot from the Street. In the case of a Corner Lot, the longer lot line abutting a
street shall be deemed the front lot line and shorter lot line abutting a street shall be deemed the exterior side
lot line. In the case of a through lot or a Corner lot whose exterior lot line share the same length, the lot line
where the principle access to the lot is provided shall be deemed to be the front lot line.
56
Municipality of Brooke-Alvinston
Zoning By-law
7.3.10 RESIDENTIAL R1(10) (H) ZONE (B/L 34 of 2022)
Permitted Uses
a)
Any use permitted in the R1 Zone
b)
Street Townhouses
Site Regulations
a)
Street Townhouses shall be subject to the regulations for Street Townhouses set out in Table A.
b)
Single Detached Dwellings may be located on lots with a minimum frontage of 15 metres."
7.3.11 RESIDENTIAL R1(11) (H) ZONE (B/L 34 of 2022)
Site Regulations
a)
Single Detached Dwellings may be located on lots with a minimum frontage of 15 metres.
7.3.12 RESIDENTIAL R1(12) ZONE (B/L 27 of 2025)
Notwithstanding the provisions of the R1 Zone, Single Detached Dwellings on lands zoned R-
12 shall be subject to a minimum required Lot Frontage of 13 m, a minimum required Lot Area
of 405 m2, and a maximum Lot Coverage of 45%. In all other respects, the provisions
applicable in the R1 Zone shall apply.
57
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 8 - RESIDENTIAL 3 (R3) ZONE
8.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Residential 3 (R3) Zone except for one or
more of the following Uses:
a)
Converted Dwelling
Triplex Dwelling
Street Townhouse Dwelling
Townhouse Dwelling
Multiple Dwelling
Group Home-Type 1
b)
Home Occupations
c)
Bed and Breakfast Establishment
d)
Buildings, Structures and Uses Accessory to a Permitted Use
8.2
HOLDING ZONES
8.3
RESIDENTIAL 3 (R3) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard R3 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 8.1 and/or the regulations of
Table A shall apply.
8.3.1 RESIDENTIAL R3(1) ZONE
Permitted Uses
a)
All uses permitted in the R3 Zone
The Zone provisions and Building Regulations in the R3(1) Zone shall be in accordance with the
requirements of Table A of this By-law except that the minimum lot area for Row Dwellings shall be 275
square metres per dwelling unit.
8.3.2 RESIDENTIAL R3(2) ZONE (B/L 50 of 2016)
Permitted Uses
a)
All uses permitted in the R3 Zone
b)
Office
Restaurant Establishment
Personal Service Establishment
Laundromat
Convenience Stores Establishment
Clinic
Bake Shop
Dry Cleaning Establishment
Health Club
Institutional Use
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Municipality of Brooke-Alvinston
Zoning By-law
c)
Accessory dwelling units located above and/behind a permitted Commercial use and attached
to a Commercial building.
d)
Buildings, Structures and Uses Accessory to a Permitted Use.
Site Regulations
e)
Maximum Floor Area for all Commercial uses: 500 square meters
Commercial uses are limited to being located on the first floor.
f)
Minimum Front lot line setback:
6m
Minimum Exterior lot line setback:
7m
Minimum Interior lot line setback:
4.5m
Minimum Rear lot line setback:
7m
Maximum lot coverage:
35%
All other provisions of the R3 Zone shall apply to lands zoned.
Building Regulations
g)
Maximum Height:
2 storeys
Regulations for accessory dwelling units:
Minimum Floor Area
Bachelor
40.0 m2
One bedroom
45.2 m2
Two bedrooms
55.0 m2
Three bedrooms
70.0 m2
8.3.3 RESIDENTIAL R3(3) ZONE (B/L 28 of 2018)
Permitted Uses
a)
All uses permitted in the R3 Zone
b)
Multiple dwelling up to four (4) units
c)
Buildings, Structures and Uses Accessory to a Permitted Use
Site Regulations
d)
Minimum Front lot line setback:
6m
Minimum Exterior lot line setback:
6m
Minimum Interior lot line setback:
3m
Minimum Rear lot line setback:
3m
Maximum lot coverage:
40%
All other provisions of the R3 Zone shall apply to lands zoned.
59
Municipality of Brooke-Alvinston
Zoning By-law
Building Regulations
e)
Maximum Height:
12 m
8.3.4 RESIDENTIAL R3(4) ZONE (B/L 54 of 2024)
Notwithstanding the minimum lot frontage provisions of the R3 Zone, lands zoned R3(4) shall have a
minimum lot frontage of 15 metres.
8.3.5 RESIDENTIAL R3(5) ZONE (B/L 27 of 2025)
Notwithstanding the provisions of the R3 Zone, Townhouses on lands zoned R3-5 shall be subject to a
minimum Lot Area requirement of 190 m2 per Dwelling Unit, a maximum Lot Coverage of 55%, and
minimum Interior Side Yard Setbacks of 1.2 metres. In all other respects, the provisions applicable in
the R3 Zone shall apply.
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Municipality of Brooke-Alvinston
Zoning By-law
SECTION 9 - RESIDENTIAL 4 (R4) ZONE
9.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Residential 4 (R4) Zone except for one or
more of the following Uses:
a)
Single Detached Dwelling
Day Nursery
b)
Home Occupations
c)
Bed and Breakfast Establishment
d)
Buildings, Structures and Uses Accessory to a Permitted Use
9.2
HOLDING ZONES
RESIDENTIAL 4 (H) R4(H) ZONE
Permitted Uses
Uses lawfully existing on the day this By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
To ensure the orderly development of lands and the adequate provision of municipal services, the "H"
symbol shall not be deleted until a subdivision agreement or development agreement is entered into,
for the lands in question, with the municipality.
9.3
RESIDENTIAL 4 (R4) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard R4 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 9.1 and/or the regulations of
Table A shall apply.
9.3.1 RESIDENTIAL R4(1) ZONE
Permitted Uses
a)
All uses permitted in the R4 Zone
b)
Existing Restaurant
9.3.2 RESIDENTIAL R4(2) ZONE
Permitted Uses
a)
All uses permitted in the R4 Zone
b)
Existing Apiary
c)
Buildings, Structures and Uses Accessory to a Permitted Use
9.3.3 RESIDENTIAL R4(3) ZONE
Permitted Uses
a)
All uses permitted in the R4 Zone
b)
Office
c)
Parking Lot
d)
Buildings, Structures and Uses Accessory to a Permitted Use
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Municipality of Brooke-Alvinston
Zoning By-law
SECTION 10 - CENTRAL COMMERCIAL (C1) ZONE
10.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Central Commercial (C1) Zone except for
one or more of the following Uses:
a)
Amusement Games Establishment
Art Gallery
Assembly Hall
Auditorium
Bake Shop
Bank
Bed and Breakfast
Boarding House
Brewing on Premises Establishment
Church
Clinic
Commercial Recreation Establishment
Commercial Use
Convenience Stores
Day Nursery
Dry Cleaning Establishment
Farmer's Market
Funeral Home
Gift Shop
Home Occupation
Hotel
Institutional Use
Laundromat
Office
Park
Parking Lot
Personal Service Establishment
Place of Entertainment
Private Club
Restaurant
Retail Store
Retail Warehouse
School
Service and Repair Shop
Shopping Centre
Tavern
Theatre
b)
Existing Agricultural Implement Sales Establishment
c)
Existing Agricultural Processing, Service and/or Supply Establishment
d)
Existing Motor Vehicle Service Establishment
e)
Existing Motor Vehicle Repair Establishment
f)
Dwelling Units Located Above and/or Behind a Permitted Commercial Use and attached to a
Commercial Building
62
Municipality of Brooke-Alvinston
Zoning By-law
g)
Existing Single Family Dwelling
h)
Buildings, Structures and Uses Accessory to a Permitted Use
Site Regulations - Existing Single Detached Dwellings
Notwithstanding Table "A", Existing Single Detached Dwellings and new or Existing Uses Accessory
thereto shall comply with provisions applicable to the Residential (R.1) Zone.
10.2
REGULATIONS FOR ACCESSORY DWELLING UNITS
Minimum Floor Area
bachelor
35.0 m2
one bedroom
55.0 m2
two bedrooms
65.0 m2
three bedrooms
85.0 m2
10.3
HOLDING ZONES
10.4
CENTRAL COMMERCIAL (C1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard C1 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 10.1 and/or the regulations of
Table A shall apply.
10.4.1 CENTRAL COMMERCIAL C1(1) ZONE
Permitted Uses
a)
All uses permitted in the C1 Zone
b)
Automobile Washing Establishment
Commercial Storage
Auction Hall
c)
Buildings, Structures and uses accessory to a permitted use.
Building Regulations
Uses specified in Section 10.4.1b) are subject to Highway Commercial (C2) Zone Regulations on Table
A.
10.4.2 CENTRAL COMMERCIAL C1(2) ZONE (B/L 40 /2019)
Permitted Uses
a)
All uses permitted in the C1 Zone
b)
Agricultural Processing Establishment
Agricultural Service Establishment
Agricultural Supply Establishment
c)
Buildings, Structures and uses accessory to a permitted use.
Building Regulations
Uses specified in Section 10.4.2b) are subject to Highway Commercial (C2) Zone Regulations
on Table A.
63
Municipality of Brooke-Alvinston
Zoning By-law
10.4.3 CENTRAL COMMERCIAL C1(3) ZONE (B/L 36 OF 2022)
Permitted Uses
a)
Any use permitted in the C1 Zone
b)
Warehouse
c)
Open Storage
64
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 11 - HIGHWAY COMMERCIAL (C2) ZONE
11.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Service Commercial (C2) Zone except for
one or more of the following Uses:
a)
Agricultural Implement Sales Establishment
Agricultural Service Establishment
Animal Hospital
Auction Hall
Bake Shop
Bakeries
Building or Contracting Establishment
Building Supply Establishment
Church
Clinic
Commercial Recreation Establishment
Commercial Storage
Convenience Store
Day Nursery
Dry Cleaning Establishment
Funeral Home
Garden Centre
Gas Bar
Health Club
Health/Recreational Facility
Hotel
Laundromat
Lumber Yard
Marine Sales and Service Establishment
Motel
Motor Vehicle Sales Establishment
Motor Vehicle Service Establishment
Motor Vehicle Repair Establishment
Motor Vehicle Washing Establishment
Office
Parking Lot
Personal Service Establishment
Place of Entertainment
Private Club
Propane Transfer Facility
Recycling Depot
Restaurant
Restaurant Drive-In
Service and Repair Shop
Travel Trailer Sales Establishment
b)
Existing Single Family Detached Dwelling
c)
Buildings, Structures and Uses Accessory to a Permitted Use
65
Municipality of Brooke-Alvinston
Zoning By-law
11.2
REGULATIONS FOR MOTOR VEHICLE SERVICE ESTABLISHMENTS
Notwithstanding any other previous provisions of this By-law, where a lot in the Highway Commercial
(C2) Zone is used for a Motor Vehicle service establishment, the following regulations shall apply:
Interior Corner
Lot Lot_
11.2.1
Minimum Lot Frontage
45.0 m
55.0 m
11.2.2
Minimum Lot Depth
40.0 m
40.0 m
11.2.3
No portion of any pump island on a service station shall be located closer than six (6.0)
metres from the street line of any street.
11.2.4
The minimum distance from the intersection of two street lines to the nearest ingress or
egress ramp shall not be less than nine (9.0) metres, or in the case of the intersection of
two arterial streets, the minimum distance shall not be less than fifteen (15.0) metres.
11.2.5
The minimum distance from any portion of any ingress or egress ramp to any interior
side lot line which abuts any other lot shall not be less than three (3.0) metres.
11.2.6
The width of any ingress or egress ramp along any street line shall not be more than
nine (9.0) metres or less than seven and one-half (7.5) metres.
11.2.7
The minimum distance between ramps shall not be less than nine (9.0) metres.
11.2.8
The minimum interior angle of any ramp to the street line shall be greater than sixty
degrees (60o).
11.2.9
All parts of the ingress and egress ramps shall be maintained with a cement, or asphaltic
binder or any other type of permanent surfacing to prevent the raising of dust or loose
particles.
11.2.10
Land which is not used for Buildings, ramps or paving shall be Landscaped in lawn,
trees or shrubs and maintained in a healthy growing condition and neat and clean in
appearance.
11.3
HOLDING ZONES
HIGHWAY COMMERCIALC2 HOLDING C2 (H) ZONE
Permitted Use
Buildings, structures and uses lawfully existing on the day the By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
To ensure the orderly development of lands and the adequate provision of municipal services, the "H"
symbol shall be removed only after the Ministry of Environment & Energy (or its designated agent) has
provided written authorization approving a private sewage system and when Council is satisfied that
new development will comply with municipal zoning and site plan control regulations.
11.4
HIGHWAY COMMERCIAL (C2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard C2 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 11.1 and/or the regulations of
Table A shall apply.
66
Municipality of Brooke-Alvinston
Zoning By-law
11.4.1 HIGHWAY COMMERCIAL C2(1) ZONE
Permitted Uses
a)
All uses permitted in the C2 Zone
The Zone Provisions and Building Regulations shall be in accordance with the requirements of
the C2 Zone, except that the minimum lot area shall be 1200 square metres and the minimum
front yard depth shall be 5 metres.
11.4.2 HIGHWAY COMMERCIAL C2(2) ZONE
Permitted Uses
a)
All uses permitted in the C2 Zone
b)
All uses permitted in the M2 Zone
c)
Buildings, structures and uses accessory to a permitted use
The Zone Regulations in the C2(2) Zone shall be in accordance with the requirements of the M2 Zone
on Table A.
67
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 12 - RURAL COMMERCIAL (C3) ZONE
12.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Rural Commercial (C3) Zone except for
one or more of the following Uses:
a)
Abattoir
Agricultural Service Establishment
Agricultural Supply Establishment
Agricultural Implement Sales Establishment
Animal Hospital
Flea Market
Farmers Market
Stock Yard
b)
Buildings, Structures and Uses Accessory to a Permitted Use
12.2
HOLDING ZONES
12.3
RURAL COMMERCIAL (C3) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard C3 Zone. If a
regulation or Use is not specified, the list of Permitted uses in Section 12.1 and/or the regulations of
Table A shall apply.
12.3.1 RURAL COMMERCIAL C3(1) ZONE
Permitted Uses
a)
Any use permitted in the C3 Zone
b)
Retail Store
Commercial Recreational Establishment
c)
Buildings, Structures and Uses Accessory to a Permitted Use.
12.4
RURAL COMMERCIAL C3 ZONE (B/L 57/19)
The storage and/or selling of biosolids is prohibited on property located at 7162 Lasalle Line,
including the area added to the property by the approval of Consent Application B-02/19.
68
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 13 - MIXED COMMERCIAL INDUSTRIAL (CM) ZONE
13.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Mixed Commercial Industrial (CM) Zone
except for one or more of the following Uses:
a)
Agricultural Supply Establishment
Building Supply Establishment
Bulk Sales Establishment
Bulk Fuel Depot
Commercial Storage
Farm Implement Sales Establishment
Farm Produce Processing Establishment
General Industrial Use
Golf Driving Tee or Range
Grain Elevator
Light Industrial Use
Lumber Yard
Drive-In Restaurant
Travel Trailer Sales Establishment
Truck Transport Terminal
Tourist Centre
Warehouse
b)
Buildings, Structures and Uses Accessory to a Permitted Use
13.2
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding any other provisions of this By-law, where a Mixed Commercial Industrial (CM) Zone
abuts a railway Right-Of-Way, no yard shall be required.
13.3
HOLDING ZONES
MIXED COMMERCIAL INDUSTRIAL HOLDING CM (H) ZONE
Permitted Use
Buildings, structures and uses lawfully existing on the day the By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
To ensure the orderly development of lands and the adequate provision of municipal services, the "H"
symbol shall be removed only after the Ministry of Environment & Energy (or its designated agent) has
provided written authorization approving a private sewage system if required and when Council is
satisfied that new development will comply with municipal zoning and site plan control regulations.
13.4
MIXED COMMERCIAL INDUSTRIAL (CM) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard CM Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 13.1 and/or the regulations of
Table A shall apply.
69
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 14 - INDUSTRIAL (M1) ZONE
14.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Industrial (M1) Zone or Industrial (M1)
Zone variation except for one or more of the following Uses:
a)
Auction Hall
Building or Contracting Establishment
Commercial Recreation Establishment
Commercial Storage
Contractors Yard
Dry Cleaning Depot
Dry Cleaning Establishment
Food, Tobacco and Beverage Processing Industries
General Industrial Use
Grain Elevator
Light Industrial Use
Public Garage
Parking Lot
Recycling Depot
Warehouse Establishment
b)
Buildings, Structures and Uses Accessory to a Permitted Use
14.2
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding any other provisions of this By-law, where a General Industrial (M1) Zone abuts a
railway Right-Of-Way, no yard shall be required.
14.3
HOLDING ZONES
INDUSTRIAL M1(H) ZONE
Permitted Uses
Buildings, structures and uses lawfully existing on the day the By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
The "H" symbol shall be removed only after the Ministry of Environment & Energy (or its designated
agent) has provided written authorization approving a private sewage system if required and when
Council is satisfied that new development will comply with municipal zoning and site plan control
regulations
14.4
INDUSTRIAL (M1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard M1 Zones. If a
regulation or Use is not specified, the list of Permitted Uses in Section 14.1 and/or the regulations of
Table A shall apply.
70
Municipality of Brooke-Alvinston
Zoning By-law
14.4.1 INDUSTRIAL M1(1) ZONE
a)
Any use permitted in the M1 Zone
b)
Automobile Sales Establishment
Automobile Repair Establishment
Farm Implement and Sales Establishment
c)
Buildings, Structures and uses accessory to a permitted use
71
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 15 - LIGHT INDUSTRIAL (M2) ZONE
15.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Light Industrial (M2) Zone except for one
or more of the following Uses:
a)
Auction Hall
Bakery
Business Service Establishment
Laboratory
Contractor's Yard or Shop
Commercial Storage
Light Industrial Use
Repair and Rental Establishment
Research and Development Establishment
Service Trade
Motor Vehicle Sales Establishment
Motor Vehicle Service Establishment
Warehouse
Public Garage
Parking lot
Recycling Depot
b)
Buildings, Structures and Uses Accessory to a Permitted Use
15.2
YARDS ABUTTING A RAILWAY RIGHT-OF-WAY
Notwithstanding any other provisions of this By-law, where a Light Industrial (M2) Zone abuts a railway
Right-Of-Way, no yard shall be required.
15.3
HOLDING ZONES
15.4
LIGHT INDUSTRIAL (M2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard M2 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 15.1 and/or the regulations of
Table A shall apply.
72
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 16- INDUSTRIAL WASTE DISPOSAL (M3) ZONE
16.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Industrial Waste Disposal (M3) Zone
except for one or more of the following Uses:
a)
Waste Disposal Site for Non Hazardous, Solid Wastes
b)
Buildings, Structures and Uses Accessory to a Permitted Use
16.2 HOLDING ZONES
16.3 INDUSTRIAL WASTE DISPOSAL (M3) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard M3 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 16.1 and/or the regulations of
Table A shall apply.
73
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 17 - EXTRACTIVE INDUSTRIAL (M4) ZONE
17.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Extractive Industrial (M4) Zone except for
one or more of the following Uses:
a)
Extractive Use
Agriculture
Forestry
Commercial Wind Turbines, but not a Wind Farm
Conservation
b)
Buildings, Structures and Uses Accessory to a Permitted Use
17.2
HOLDING ZONES
17.3
EXTRACTIVE INDUSTRIAL (M4) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard M4 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 17.1 and/or the regulations of
Table A shall apply.
74
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 18 - INSTITUTIONAL (I) ZONE
18.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Institutional (I) Zone except for one or
more of the following Uses:
a)
Cemetery
Church
Day Nursery
Institutional Use
Nursing Home or Rest Home
School
b)
Buildings, Structures and Uses Accessory to a Permitted Use
18.2
HOLDING ZONES
INSTITUTIONAL I (H) ZONE
Permitted Uses
Uses lawfully existing on the day this By-law was passed.
Provisions for the Removal of the Holding "H" Symbol
The "H" symbol shall be removed once a site plan agreement or development agreement has been
entered into with the Township.
18.3
INSTITUTIONAL (I) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard I Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 18.1 and/or the regulations of
Table A shall apply.
75
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 19 - OPEN SPACE 1 (OS1) ZONE REGULATIONS
19.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Open Space 1 (OS1) Zone except for one
or more of the following Uses:
a)
Conservation
Forestry
Passive Recreation
Public Park
b)
Buildings, Structures and Uses Accessory to a Permitted Use
19.2
OPEN SPACE 1 (OS1) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard OS1 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 19.1 and/or the regulations of
Table A shall apply.
76
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 20 - OPEN SPACE 2 (OS2) ZONE REGULATIONS
20.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Open Space 2 (OS2) Zone except for one
or more of the following Uses:
a)
Active Recreation
Campground
Community Centre
Fairground
Forestry
Golf Course
Golf Driving Tee or Range
Public Park
Private Park
b)
Accessory Uses Including Buildings and Structures
20.2
OPEN SPACE 2 (OS2) ZONE EXCEPTIONS
The following Zones apply to unique or existing situations and are not the standard OS2 Zone. If a
regulation or Use is not specified, the list of Permitted Uses in Section 20.1 and/or the regulations of
Table A shall apply.
77
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 21 - ENVIRONMENTAL PROTECTION WETLAND (EP-WET) ZONE
21.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Environmental Protection - Wetland (EP-
WET) Zone except for one or more of the following Uses:
a)
Existing Agricultural Use
b)
Passive Recreation, Exclusive of Buildings and Structures
c)
Conservation, Exclusive of Buildings and Structures
78
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 22 - ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE
22.1
PERMITTED USES
No land, Building, or Structure shall be Used or erected in the Environmental Protection Woodlot (EP-
WD) Zone except for one or more of the following Uses:
a)
An Agricultural Use, Exclusive of Buildings and Structures
b)
Passive Recreation, Exclusive of Buildings and Structures
c)
Conservation, Exclusive of Buildings and Structures
d)
Existing Single Detached Dwellings
e)
New Single Detached Dwellings on Existing Lots having Lot Area less than or equal to 2 ha on
the date of passing of this by-law
f)
Buildings, Structures and Uses Accessory to a Single Detached Dwelling on the same Lot
22.2
ENVIRONMENTAL PROTECTION - WOODLOT (EP-WD) ZONE SPECIAL PROVISIONS
a)
Single Detached Dwellings and Accessory Uses, where Permitted, shall comply with the
provisions of the "Agricultural 1 (A1) Zone".
b)
Buildings, Structures and Uses Accessory to a Single Detached Dwelling shall not be Erected
further than 20m from the Main Use.
79
Municipality of Brooke-Alvinston
Zoning By-law
SECTION 23 - ENVIRONMENTAL PROTECTION - HAZARD (EP-H) ZONE
23.1
PERMITTED USES
No land, Building, or Structure shall be used or erected in the Environmental Protection - Hazard (EP-
H) Zone except for one or more of the following Uses:
a)
An Agricultural Use, Exclusive of Buildings and Structures
b)
Active Recreation, Exclusive of Buildings and Structures where Active Recreation is a Permitted
Use in an abutting Zone
c)
Passive Recreation, Exclusive of Buildings and Structures
d)
Buildings and Structures required for the safety of persons living in or adjacent to the
Environmental Protection - Hazard (EP-H) Zone.
80
Municipality of Brooke-Alvinston
Zoning By-law
APPENDIX "A" - MINIMUM DISTANCE SEPARATION
Step
Animals Type or Material
& Description (Table 1)
Manure Form
(Solid or Liquid)
Number/NU
(Table 1)
Maximum
Housing
Capacity
Nutrient
Units
Factor A
(Table 1)
Factor D
(Table 1)
1
2
Total Nutrient Unit Capacity on Lot
Total
3
Factor A (Odour Potential)
Weight Average by NU (round to 2 decimal places)
4
Factor D (Manure or Material Form)
Weight Average by NU (round to 2 decimal places)
5
Factor E (Encroaching Land Use - Table 4)
6
Potential Nutrient Units: Tillable Ha on Lot ____ x 7.5 = _____ (maximum 300)
7
8
Factor B (Nutrient Units Factor - Table 2)
(round to 2 decimal places)
9
F: Building Base Distance (m) = Factor A (3) x Factor D (4) x Factor E (5) x Factor B (8)
(round up)
10
S: Manure Storage Base Distance (m) (Tables 5 & 6)
(round up)
Required Setback from livestock occupied portion of livestock facility = F (9)
______ m
Actual: _____ m
Required Setback from manure or material storage area = S (10)
______ m
Actual: _____ m
MINIMUM DISTANCE SEPARATION I CALCULATION FORM
Final NU: Greater of Total NU on Lot (2) and Potential NU (6) (For
expansion of a settlement area identified in the Official Plan, ignore Potential NU).
TYPE A LAND USES include Industrial (excluding M4 Zones), Rural Commercial (C3 Zones) and Passive Recreation Uses
and/or Zones Permitting such Uses. For the purposes of MDS I a Dwelling or up to three new non-Agricultural Lots are also
Type A Land Uses. For the purposes of MDS II, Dwellings and residential Uses are not recognized as residential areas in the
Town Official Plan, or Cemeteries located in an Agricultural Zone are also Type A Land Uses.
TYPE B LAND USES include Institutional, Active Recreation and Commercial (excluding C3 Zones) Uses and/or Zones
Permitting such Uses. For the purposes of MDS I, Cemeteries, a Building with three or more Dwelling Units, expansion of a
settlement area, more than three new non-Agricultural Lots, Zones for residential Use, or a consent that would result in four
contiguous residential Lots are also Type B Land Uses. For the purposes of MDS II, Cemeteries are not in an Agricultural
Zone and areas specifically designated in the Town Official Plan as residential or settlement areas are also Type B Land Uses.
81
Municipality of Brooke-Alvinston
Zoning By-law
Step
Animals Type or Material
& Description
(Table 1)
Manure
Form
(Solid or
Liquid)
Number/
NU
(Table 1)
Maximum
Housing
Capacity 3
Years Ago
(1)
NU 3
Years
Ago
(1)
Added
Maximum
Housing
Capacity
(1)
Added
NU
(1)
Final
NU
Factor A
(Table 1)
Factor D
(Table 1)
1
2
Total Nutrient Unit Capacity on Lot
Totals
3
Factor A (Odour Potential)
Weight Average by Added NU (round to 2 decimal places)
4
Factor D (Manure or Material Form)
Weight Average by Added NU (round to 2 decimal places)
5
Factor B (Nutrient Units Factor - Table 2 - based on Total Final NU)
(round to 2 decimal places)
6
Percentage Increase (%) = (Total Added NU / Total NU 3 Years Ago) x 100
7
Factor C (Orderly Expansion Factor - Table 3)
(round to max 4 decimal places)
8
F: Building Base Distance (m) = Factor A (3) x Factor D (4) x Factor B (5) x Factor C (7)
(round up)
9
S: Manure Storage Base Distance (m) (Tables 5 & 6)
(round up)
Factor
Actual
Setback
(m)
Type A Land Uses
1
Type B Land Uses
2
Interior Side or Rear Lot Line (max 30m)*
0.1
Exterior Side or Front Lot Line*
0.2
*Round to nearest whole number
MDS II SUMMARY
MINIMUM DISTANCE SEPARATION II CALCULATION FORM
(1) Any livestock facility capacity for which a building permit was issued less than 3 years prior to the current building permit
application submission date (and including the current building permit application) is to be considered added capacity. Added
capacity could be negative.
Required
Setback (m)
('F' x Factor)
Required
Setback (m)
('S' x Factor)
Actual Setback
(m)
Livestock Occupied Portion
Manure Storage
Base Distance S = ____ m
Base Distance F = ____ m
82
Municipality of Brooke-Alvinston
Zoning By-law
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Sows with litter, dry sows/boars
Segregated Early Weaning (SEW)
3.33
Sows with litter, dry sows or boars (non-
SEW)
3.5
Breeder gilts (entire barn designed
specifically for this purpose)
5
Weaners (7 kg -27 kg)
20
1 .1
Feeders (27 -105 kg)
6
1.2
Milking-age cows (dry or milking)
Large-framed; 545 kg - 636 kg (e.g.
Holsteins)
0.7
Medium-framed; 455 kg - 545 kg (e.g.
Guernseys)
0.85
Small-framed; 364 kg - 455 kg (e.g.
Jerseys)
1
Heifers (5 months to freshening)
Large-framed; 182 kg - 545 kg (e.g.
Holsteins)
2
Medium-framed; 148 kg - 455 kg (e.g.
Guernseys)
2.4
Small-framed; 125 kg - 364 kg (e.g.
Jerseys)
2.9
Calves (0 -5 months)
Large-framed; 45 kg - 182 kg (e.g.
Holsteins)
6
Medium-framed; 39 kg - 148 kg (e.g.
Guernseys)
7
Small-framed; 30 kg - 125 kg (e.g.
Jerseys)
8.5
Cows, including calves to weaning (all
breeds)
1
0.7
N/ A
Feeders (7 -16 months)
3
Backgrounders (7 - 12.5 months)
3
Shortkeepers (12.5 - 17.5 months)
2
Milk-fed
6
1.1
Grain-fed
6
0.8
Does & bucks (for meat kids; includes
unweaned offspring & replacements
8
Does & bucks (for dairy; includes
unweaned offspring & replacements)
8
Kids (dairy or feeder kids)
20
Ewes & rams (for meat Iambs; includes
unweaned offspring & replacements)
8
Ewes & rams (dairy operation; includes
unweaned offspring & replacements)
6
Lambs (dairy or feeder Iambs)
20
1.0
Most systems have
liquid manure
stored under the
barn slats for short
or long periods, or
in storages located
outside
Systems with solid
manure inside on
deep bedded packs,
or with scraped
alleys
Slatted floors or
slatted stall system
Manure or Material Form in Permanent
Storage
Dairy Cattle1
Tie-stall barns with
lots of bedding, or
loose housing with
deep bedded pack,
and with or without
outside yard access
Bedded pens or
stalls or heavily
bedded calf hutches
that are outside
Factor
A
Number
per NU
Description
Animal Type
or Material
0.7
Swine
Beef Cattle
0.8
Slatted floor
systems, or barns
with minimal
bedding & yard
scraped to a liquid
storage
Bedded pack barns
with or without
outside yard access
Heavily bedded
pack barns
Veal
Goats
0.7
N/ A
Heavily bedded
pack barns
All sheep systems
N/ A
0.7
Sheep
Free-stall barns
with minimal
bedding or sand
bedding, or tie-stall
barns with minimal
bedding & milking
centre washwater
added
TABLE 1: Factor A (Odour Potential) and Factor D (Manure or Material Form in Storage Facility)
83
Municipality of Brooke-Alvinston
Zoning By-law
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Large-framed, mature; > 681 kg
(including unweaned offspring)
0.7
Medium-framed, mature; 227 kg - 680
kg (including unweaned offspring)
1
Small-framed, mature; < 227 kg
(including unweaned offspring)
2
Layer hens (for eating eggs; after
transfer from pullet barn)
150
1.0
Layer pullets (day olds until transferred
into layer barn)
500
0.7
Broiler breeder growers (males/ females
transferred out to layer barn)
300
0.7
N/A
Bedded floors
Broiler breeder layers (males/females
transferred in from grower barn)
100
0.7
N/A
Cage or slatted floor
systems
Broilers on 8 week cycle
350
Broilers on 9 week cycle
300
Broilers on 10 week cycle
250
Broilers on 12 week cycle
200
Broilers on any other cycle, or if
unknown, use 24.8 m2/NU
24.8 m2
Turkey pullets (day old until transferred
to layer turkey barn)
267
Turkey breeder layers (males/females
transferred in from grower barn)
67
Breeder toms
45
Broilers (day olds to 6.2 kg)
133
Hens (day olds up to 6.2 kg to 10.8 kg;
7.5 kg is typical)
105
Toms (day olds to over 10.8 to 20 kg;
14.5 kg is typical)
75
Turkeys at any other weights, or if
unknown, use 24.8 sq m/NU
24.8 m2
Quail
Use 24.8 m2/NU
24.8 m2
Partridge
Use 24.8 m2/NU
24.8 m2
Pheasants
Use 24.8 m2/NU
24.8 m2
Squab
Use 24.8 m2/NU
24.8 m2
Rheas
Adults (includes replacements & market
birds)
13
Emus
Adults (includes replacements & market
birds)
12
Ostriches
Adults (includes replacements & market
birds)
4
Peking
105
Muscovy, use 24.8 m2/NU
24.8 m2
Geese
Use 24.8 m2/NU
24.8 m2
Rabbits
Breeding females (including males,
replacements & market animals)
40
Chinchillas
Breeding females (including males,
replacements & market animals)
320
Fox
Breeding females (including males,
replacements & market animals)
25
Mink
Breeding females (including males,
replacements & market animals)
90
N/A
Cage or floor
systems
1.0
0.7
Horses
Animal Type
or Material
(Table 1,
Page 2 of 3)
Manure or Material Form in Permanent
Storage
Factor
A
N/ A
Turkeys
Birds in cages,
manure belts, no
drying of manure,
water added
Birds in cages,
manure belts &
drying, or floor
systems
Chickens
0.7
N/A
Bedded floor
systems
0.7
N/ A
Bedded floor
systems
0.7
N/A
Bedded floor
systems
0.8
Wire mesh flooring
systems
Bedded floor
systems
Ducks
All horse systems
0.8
Number
per NU
Description
84
Municipality of Brooke-Alvinston
Zoning By-law
Liquid Manure:
Factor D = 0.8
<18% Dry Matter
Solid Manure:
Factor D = 0.7
18 - 100% Dry Matter
Adults (includes unweaned calves &
replacements)
1.3
Feeders (170kg - 477kg)
4
Adults (includes unweaned young &
replacements)
5
Feeders (45kg - 86kg)
16
Adults (includes unweaned young &
replacements)
8
Feeders (23kg - 48kg)
26
Breeding age sows (includes boars,
replacements & weaned piglets to 27kg)
5
Finishing boars (27 kg -86 kg)
7
White tailed deer
-Adults> 24 mo (including unweaned
offspring
11
-Feeders
21
Red deer
-Adults> 24 mo (including unweaned
offspring)
7
-Feeders
14
Elk
-Adults> 24 mo (including unweaned
offspring)
2
-Feeders
6
Elk/deer hybrids
-Adults> 24 mo (including unweaned
offspring)
4
-Feeders
10
Fallow deer
-Adults> 24 mo (including unweaned
offspring)
13
-Feeders
23
Other livestock
not listed in this
table
To determine the number per NU, add
up the total maximum live weight of
animals and divide by the weight of
animals per NU in the next column
453.6 kg
(1000
Ibs)
0.8
All storages with
liquid manure
All storages with
solid manure
Manure
imported to a
lot not
generating
manure2
Maximum capacity of permanent
storages at any time: solid or liquid
capacity
19.8 m3
(700 ft3)
1.2
All storages with
liquid manure
All storages with
solid manure
Storages for
digestate from
an Anaerobic
Digester
(odours
reduced during
this process)
Maximum capacity of permanent
storages at any time: solid or liquid
capacity
19.8 m3
(700 ft3)
0.5
All storages with
liquid manure
All storages with
solid manure
Bison
Llama
Alpaca
Wild Boar
1. On farms with 100 milking-age cows [dry & milking), there are usually about 20 replacement calves and 80 replacement heifers.
2. Average value for typical types of manures that might be imported to a lot, such as poultry, dairy, beef, swine, horse or other manure.
N/A = Not Applicable
Deer
Bedded pack barns
with outside access
OR outside
confinement areas
N/ A
0.7
Animal Type
or Material
(Table 1,
Page 3 of 3)
Description
Number
per NU
Factor
A
Manure or Material Form in Permanent
Storage
85
Municipality of Brooke-Alvinston
Zoning By-law
66
285
240
429
68
287
245
432
43
0.7666
6
153
70
289
250
435
44
0.7728
7
157
72
291
260
441
1
0.5062
45
0.7790
8
160
74
293
270
447
2
0.5124
46
0.7852
9
163
76
294
280
453
3
0.5186
47
0.7914
10
167
78
296
290
458
4
0.5248
48
0.7976
11
170
80
298
300
464
5
0.5310
49
0.8038
12
173
82
300
310
469
6
0.5372
50
0.8100
13
177
84
301
320
474
7
0.5434
55
0.8167
14
180
86
303
330
480
8
0.5496
60
0.8230
15
183
88
305
340
485
9
0.5558
65
0.8294
16
187
90
307
350
490
10
0.5620
70
0.8357
17
190
92
309
360
494
11
0.5682
75
0.8420
18
193
94
310
370
499
12
0.5744
80
0.8484
19
197
96
312
380
504
13
0.5806
85
0.8547
20
200
98
314
390
508
14
0.5868
90
0.8610
21
202
100
316
400
513
15
0.5930
95
0.8674
22
204
102
318
410
517
16
0.5992
100
0.8737
23
206
104
320
420
522
17
0.6054
105
0.8800
24
208
106
322
430
526
18
0.6116
110
0.8864
25
210
108
324
440
530
19
0.6178
115
0.8927
26
212
110
326
450
535
20
0.6240
120
0.8990
27
214
112
329
460
539
21
0.6302
125
0.9054
28
216
114
331
470
543
22
0.6364
130
0.9117
29
218
116
333
480
547
23
0.6426
135
0.9180
30
220
118
335
490
551
24
0.6488
140
0.9244
31
222
120
337
500
555
25
0.6550
145
0.9307
32
224
122
339
520
562
26
0.6612
150
0.9371
33
226
124
340
540
570
27
0.6674
160
0.9497
34
228
126
342
560
577
28
0.6736
170
0.9624
35
230
128
344
580
584
29
0.6798
180
0.9751
36
232
130
346
600
591
30
0.6860
190
0.9877
37
234
135
351
620
598
31
0.6922
200
1.0000
38
236
140
355
640
605
32
0.6984
300
1.0280
39
238
145
360
660
611
33
0.7046
400
1.0560
40
240
150
364
680
618
34
0.7108
500
1.0840
41
242
155
368
700
624
35
0.7170
600
1.1120
42
244
160
372
750
639
36
0.7232
43
246
165
376
800
654
37
0.7294
44
248
170
380
850
668
38
0.7356
45
250
175
384
900
681
39
0.7418
46
252
180
388
950
694
40
0.7480
47
254
185
392
1000
707
41
0.7542
48
256
190
395
1100
731
42
0.7604
49
258
195
399
1200
753
50
260
200
402
1300
775
52
264
205
406
1400
795
54
268
210
409
1500
815
56
272
215
413
2000
870
58
276
220
416
3000
980
60
280
225
419
4000
1090
62
282
230
423
5000
1200
64
284
235
426
>5000 See Note.
150
5 or
Less
700% or
more or first
Livestock
Facility on
Lot
1.1400
0.5000
Final
NU
Factor
B
Factor C
% Increase
in NU
Table 2 Note: For capacities >5000 NU: consult OMAFRA, Municipal
staff or, MDS Computer Program.
Factor C
TABLE 2: Factor B (Nutrient Units Factor)
0% or
Decrease
% Increase
in NU
TABLE 3: Factor C
(Orderly Expansion Factor)
Final
NU
Factor
B
Final
NU
Factor
B
86
Municipality of Brooke-Alvinston
Zoning By-law
Factor E
1.1
2.2
*See Section 2, Definitions, in Zoning By-law.
TABLE 5: Permanent Manure or Material Storage Types
Solid Manure: 18% dry matter, or more
Liquid Manure: Less than 18% dry matter
Digestate: Less than 18% dry matter
Storage
Odour
Potential
Solid or
Liquid
System
Inside or
Outside
Livestock
Facility
Number
referred to
in Table 6
Description of permanent manure storages being sited
by MDS II, or encroached upon through MDS I
application
Inside
V1
Solid, inside, bedded pack (manure accumulates under
livestock over time)
V2
Solid, outside, covered (cover keeps off precipitation to
prevent runoff)
V3
Solid, outside, no cover, greater than or equal 30% dry
matter (manure is dry enough that a flowpath option can be
used for runoff control (Nutrient Management Act, 2002)
V4
Solid, outside, no cover, 18% to less than 30% dry matter,
with covered liquid runoff storage (manure not dry enough to
soak up precipitation, so a liquid runoff storage needed but it
has a permanent, tight cover)
Inside
V5
Liquid, inside, underneath slatted floor (manure is stored
under the animals in the barn)
V6
Liquid, outside, with a permanent, tight fitting cover
(negative pressure tarp, concrete lid, inflatable dome, etc.)
V7
Liquid, (digestate), outside, no cover (all manure has been
treated through anaerobic digestion, or a similar process
that reduces odours)
Solid
Outside
L1
Solid, outside, no cover, 18% to less than 30% dry matter,
with uncovered liquid runoff storage (manure not dry enough
to soak up precipitation, so a liquid low runoff storage
needed, but it is uncovered, producing more odour than in
V4 above)
Liquid
Outside
L2
Liquid, outside, with a permanent floating cover (tarps, foam
panels, etc.)
M1
Liquid, outside, no cover, straight-walled storage (usually
circular or rectangular, concrete or steel storages)
M2
Liquid, outside, roof, but with open sides (roof keeps off
precipitation, but the open sides allow wind to travel over the
manure and carry odours)
High
Liquid
Outside
H1
Liquid, outside, no cover, sloped-sided storage (earthen
manure storages, but not earthen runoff storages associated
with a solid manure storage which are L 1 above)
Outside
Solid
Liquid
Encroaching Land Use
Type A Land Use*
Type B Land Use*
TABLE 4: Factor E (Encroaching Land Use Factor)
Outside
Very Low
Low
Medium
Liquid
Outside
87
Municipality of Brooke-Alvinston
Zoning By-law
Very Low
Low
Medium
High
Odour Storages
V1 to V7
Odour Storages
L1 to L2
Odour Storages
M1 to M2
Odour Storages
H1
40
40
64
136
232
50
50
74
145
240
60
60
84
154
248
70
70
93
163
256
80
80
103
172
264
90
90
113
181
272
100
100
123
190
280
110
110
132
199
288
120
120
142
208
296
130
130
152
217
304
140
140
162
226
312
150
150
171
235
320
160
160
181
244
328
170
170
191
253
336
180
180
201
262
344
190
190
210
271
352
200
200
220
280
360
210
210
230
289
368
220
220
240
298
376
230
230
249
307
384
240
240
259
316
392
250
250
269
325
400
260
260
279
334
408
270
270
288
343
416
280
280
298
352
424
290
290
308
361
432
300
300
318
370
440
310
310
327
379
448
320
320
337
388
456
330
330
347
397
464
340
340
357
406
472
350
350
366
415
480
360
360
376
424
488
370
370
386
433
496
380
380
396
442
504
390
390
405
451
512
400
400
415
460
520
420
420
435
478
536
440
440
454
496
552
460
460
474
514
568
480
480
493
532
584
500
500
513
550
600
600
600
610
640
680
800
800
805
820
840
1000
1000
1000
1000
1000
Table 6: MDS I/II Separation Distances for Permanent Manure Storage
Greater than 1000 m
Storage Separation Distances Based on Relative Odour Potential -
Storage Base Distance, 'S' (m)
Building Base Distance
(m) for MDS II ('F'), or
Encroachment Base
Distance for MDS I ('F')
Storage Base Distance, 'S', should be the same as Building Base Distance or
Encroachment Base Distance -'F'