Comprehensive Zoning By-law 216-2009, consolidated May 15, 2023
Chatham-Kent, Ontario
· adopted 2009-12-14
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Comprehensive Zoning By-law
The Corporation of the Municipality of Chatham-Kent
Chatham-Kent By-law No. 216-2009
Approved December 14, 2009
Consolidated as of May 15, 2023
Municipality of Chatham-Kent
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Comprehensive Zoning By-Law
Approved December 14, 2009
Table of Contents
Page
Section 1 - Title
................................................................................................................. 1
Section 2 - Interpretation ......................................................................................................... 1
2.1
General
................................................................................................................. 1
2.2
Scope
................................................................................................................. 1
2.3
Administration Application and Enforcement ................................................................ 1
2.4
Use Zones ................................................................................................................. 2
2.4.1
Zoning Map ...................................................................................................... 2
2.4.2
Boundaries of Zones ............................................................................................ 3
2.5
Saving (Sunset Clause) ............................................................................................... 3
2.6
Application and Plans .................................................................................................. 3
2.7
Inspection ................................................................................................................. 4
2.8
Violation and Penalty ................................................................................................... 4
2.9
Repetition of Offence ................................................................................................... 4
2.10 Restraining Violations .................................................................................................. 4
2.11 Validity
................................................................................................................. 4
2.12 Conflict
................................................................................................................. 5
2.13 Use of Headings and Subtitles ..................................................................................... 5
Section 3 - Definitions .............................................................................................................. 7
Section 4 - General Provisions for All Zones ....................................................................... 38
4.1
Application ................................................................................................................38
4.2
Accessory Uses ..........................................................................................................38
4.3
Bed and Breakfast Establishment ...............................................................................40
4.4
Commercial Activities in Enclosed Buildings ...............................................................41
4.5
Derelict or Unlicensed Vehicles and Trailers ...............................................................41
4.6
Dwelling Units .............................................................................................................41
4.7
Flood Proofing and Flood Fringe .................................................................................42
4.8
Full Services ...............................................................................................................43
4.9
Frontage on A Public Street ........................................................................................43
4.10 Greenhouse Farms (Large-Scale) ...............................................................................43
4.11 Group Homes .............................................................................................................44
4.12 Height Restriction Exceptions .....................................................................................44
4.13 Holding Zones .............................................................................................................44
4.14 Homes Industries ........................................................................................................45
4.15 Home Occupations .....................................................................................................45
4.16 Kennel
................................................................................................................46
4.17 Landscaping ...............................................................................................................46
4.18 Lighting
................................................................................................................47
4.19 Loading and Parking ...................................................................................................47
4.20 Minimum Distance Separation (MDS) .........................................................................55
4.21 More than One Zone ...................................................................................................55
4.22 Non-Conforming Uses and Buildings ..........................................................................56
4.23 Non-Complying Uses and Buildings ............................................................................57
4.24 Occupancy of Incomplete Building ..............................................................................57
Municipality of Chatham-Kent
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4.25 Open Storage Regulations ..........................................................................................57
4.25.1
Minimum Setbacks ............................................................................................. 57
4.25.2
Surface Treatment ............................................................................................. 57
4.25.3
Parking and Loading Spaces to be Preserved ................................................... 58
4.26 Reconstruction of Existing Building .............................................................................58
4.27 Reduction of Lot Area and Undersized Lots ................................................................58
4.28 Automobiles Service Stations, Gas Bars and Automatic and Manual Car Washes .....58
4.29 Drive-Through Facility .................................................................................................59
4.30 Outdoor Patio ..............................................................................................................60
4.31 Setbacks from Watercourses, Drains, Major Roads and Railways ..............................61
4.32 Sight Visibility Triangles ..............................................................................................66
4.33 Swimming Pools .........................................................................................................67
4.34 Temporary Use Provisions ..........................................................................................68
4.35 Uses Permitted in All Zones ........................................................................................68
4.35.1
Services and Utilities .......................................................................................... 68
4.35.2
Public Uses of the Corporation ........................................................................... 68
4.35.3
Construction Facilities ........................................................................................ 69
4.35.4
Streets and Installations ..................................................................................... 69
4.35.5
Ornamental Structures ....................................................................................... 69
4.35.6
Signs and Signals .............................................................................................. 69
4.35.7
Oil and Gas Well and Oil and Gas Work ............................................................ 69
4.36 Uses Restricted in All Zones .......................................................................................69
4.37 Yard Encroachments ..................................................................................................71
4.38 Yard Regulations ........................................................................................................72
4.38.1
Established Front Yards ..................................................................................... 72
4.38.2
Through Lots .................................................................................................... 72
4.38.3
Corner Lots Bounded by Three Streets .............................................................. 72
4.39 Cannabis Production Facility .......................................................................................72
Section 5.0 - Zones ............................................................................................................... 73
5.1
Residential Low Density Zone (RL) .............................................................................73
5.1.1
Uses Permitted .................................................................................................. 73
5.1.2
Regulations: .................................................................................................... 74
5.2
Residential Medium Density Zone (RM) ......................................................................82
5.2.1
Uses Permitted .................................................................................................. 82
5.2.2
Regulations: .................................................................................................... 82
5.3
Residential High Density Zone (RH) ...........................................................................87
5.3.1
Uses Permitted .................................................................................................. 87
5.3.2
Regulations .................................................................................................... 87
5.4
Rural Residential Zone (RR) .......................................................................................90
5.4.1
Uses Permitted .................................................................................................. 90
5.4.2
Regulations .................................................................................................... 90
5.5
Estate Residential Zone (ER) ......................................................................................92
5.5.1
Uses Permitted .................................................................................................. 92
5.5.2
Regulations .................................................................................................... 92
5.6
Village Residential Zone (VR) .....................................................................................94
5.6.1
Uses Permitted .................................................................................................. 94
5.6.2
Regulations .................................................................................................... 94
5.7
Mobile Home Park Zone (MH) ....................................................................................96
5.7.1
Uses Permitted .................................................................................................. 96
Municipality of Chatham-Kent
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5.7.2
Regulations .................................................................................................... 96
5.8
Seasonal Residential Zone (SR) .................................................................................98
5.8.1
Uses Permitted .................................................................................................. 98
5.8.2
Regulations .................................................................................................... 98
5.9
Recreational and Lakeside Residential Zone (RLR) .................................................. 100
5.9.1
Uses Permitted ................................................................................................ 100
5.9.2
Regulations .................................................................................................. 100
5.10 Urban Commercial Zone (UC) .................................................................................. 102
5.10.1
Uses Permitted ................................................................................................ 102
5.10.2
Regulations .................................................................................................. 107
5.11 Village Commercial Zone (VC) .................................................................................. 111
5.11.1
Uses Permitted ................................................................................................ 111
5.11.2
Regulations: .................................................................................................. 112
5.12 Tourism Commercial Zone (TC) ................................................................................ 114
5.12.1
Uses Permitted ................................................................................................ 114
5.12.2
Regulations .................................................................................................. 114
5.13 Rural Highway Commercial Zone (RHC) ................................................................... 116
5.13.1 Uses Permitted ................................................................................................ 116
5.13.2
Regulations .................................................................................................. 116
5.14 General Industrial Zone (M1) .................................................................................... 119
5.14.1
Uses Permitted ................................................................................................ 119
5.14.2
Regulations: .................................................................................................. 120
5.15 Extractive Industrial Zone (M2) ................................................................................. 122
5.15.1
Uses Permitted ................................................................................................ 122
5.15.2
Regulations .................................................................................................. 122
5.16 Salvage Yard Industrial Zone (M3) ............................................................................ 124
5.16.1
Uses Permitted ................................................................................................ 124
5.16.2
Regulations .................................................................................................. 124
5.17 Prestige Industrial Zone (M4) .................................................................................... 126
5.17.1 Uses Permitted ................................................................................................ 126
5.17.2
Regulations .................................................................................................. 126
5.18 Light Industrial Zone (M5) ......................................................................................... 128
5.18.1 Uses Permitted ................................................................................................ 128
5.18.2
Regulations .................................................................................................. 128
5.19 Rural Industrial Zone (MR) ........................................................................................ 130
5.19.1
Uses Permitted ................................................................................................ 130
5.19.2
Regulations .................................................................................................. 130
5.20 Institutional Zone (I) .................................................................................................. 132
5.20.1
Uses Permitted ................................................................................................ 132
5.20.2
Regulations .................................................................................................. 132
5.21 Agricultural Zone (A1) ............................................................................................... 134
5.21.1
Uses Permitted ................................................................................................ 134
5.21.2
Regulations .................................................................................................. 135
5.22 Open Space Zone (OS1) .......................................................................................... 137
5.22.1
Uses Permitted ................................................................................................ 137
5.22.2
Regulations .................................................................................................. 137
5.23 Hazard Land Zone (Floodplain and Wetland) (HL) .................................................... 139
5.23.1
Uses Permitted ................................................................................................ 139
5.23.2
Regulations .................................................................................................. 139
5.24 Deferred Development Zone (D) ............................................................................... 141
5.24.1
Uses Permitted ................................................................................................ 141
Municipality of Chatham-Kent
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5.24.2
Regulations .................................................................................................. 141
5.25 Airport Zone (AP) ...................................................................................................... 143
5.25.1
Uses Permitted ................................................................................................ 143
5.25.2
Regulations .................................................................................................. 143
5.26 Landfill Zone (LF) ...................................................................................................... 145
5.26.1
Uses Permitted ................................................................................................ 145
5.26.2
Regulations .................................................................................................. 145
SCHEDULE "A" - Zoning Maps
SCHEDULE "B" - Exceptions to Zones
SCHEDULE "C" - Road Classifications
SCHEDULE "D" - Parking Exempt Areas
SCHEDULE "E" - Flood Proofing and Flood Fringe Areas
SCHEDULE "F" - Wallaceburg Flight Path Height Limits
APPENDIX (Not forming part of this By-law)
-
Metric Conversions
-
Illustrations
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
The Corporation of the Municipality of Chatham-Kent
By-Law No. 216-2009
A By-law to regulate the use of land and the character, location
and use of buildings and structures in the Municipality of
Chatham-Kent.
WHEREAS it is deemed advisable to pass a By-law to prohibit the use of land and erection,
alteration or use of buildings or structures for or except for certain purposes and to regulate the
type of construction and the height, bulk, location, size, floor area, spacing, external design,
character and use of buildings or structures in the defined area comprising the Municipality of
Chatham-Kent in accordance with Section 34 of the Planning Act, 1990, R.S.O. chapter 13 (as
amended).
NOW THEREFORE the Council of the Corporation of the Municipality of Chatham-Kent enacts
as follows:
Section 1 - Title
1.1
This By-law shall be known as the "Zoning By-law for the Municipality of Chatham-Kent".
Section 2 - Interpretation
2.1
General
The interpretation and application of the provisions of this By-law shall be held to be the
minimum requirements for the promotion of health, safety, comfort, convenience and
general welfare for the inhabitants of the Municipality of Chatham-Kent.
2.2
Scope
No building, structure or land shall be used, and no building or structure shall be
hereafter erected within the corporate limits of the Municipality of Chatham-Kent as now
or henceforth legally constituted except in conformity with provisions of this By-law.
2.3
Administration Application and Enforcement
i)
This By-law shall be administered by the Zoning Administrator or such other
persons as Council shall designate, and no permit, for the use of land or for
the erection of any building, or structure, or approval of any municipal license
within the jurisdiction of Council, shall be issued where the proposed use,
building or structure, would be in violation of any provision of this By-law.
ii)
In their interpretation and application, the provisions of this By-law are held to
be the minimum requirements adopted for the promotion of the public health,
safety, convenience or general welfare.
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
iii)
In this By-law, words used in the present tense include the future, words
importing the singular include the plural and words in the plural include the
singular number. Words in either gender include the other.
iv)
In this By-law the word "shall" is mandatory and the word "may" is permissive.
v)
In the development of this by-law, every effort is made to ensure clarity and
accuracy. This By-law is a complex and detailed document, and inadvertent
inconsistencies and errors may have occurred in its development.
Notwithstanding any other provisions of this By-law, corrections to technical
errors (as Defined under Section 3 of this by-law) may be made to this By-law
without formal amendment under the Planning Act and will not require public
notification.
2.4
Use Zones
For the purpose of this By-law, the Municipality of Chatham-Kent is hereby divided into
the following Use Zones:
1.
RL
- Residential Low Density
2.
RM
- Residential Medium Density
3.
RH
- Residential High Density
4.
RR
- Rural Residential
5.
ER
- Estate Residential
6.
VR
- Village Residential
7.
MH
- Mobile Home Park
8.
SR
- Seasonal Residential
9.
RLR - Recreational and Lakeside Residential
10.
UC
- Urban Commercial
11.
VC
- Village Commercial
12.
TC
- Tourism Commercial
13.
RHC - Rural Highway Commercial
14.
M1
- General Industrial
15.
M2
- Extractive Industrial
16.
M3
- Salvage Yard Industrial
17.
M4
- Prestige Industrial
18.
M5
- Light Industrial
19.
MR
- Rural Industrial
20.
I
- Institutional
21.
A1
- Agricultural
22.
OS1 - Open Space
23.
HL
- Hazard Land
24.
D
- Deferred Development
25.
AP
- Airport
26.
LF
- Landfill
2.4.1 Zoning Map
The zones set out in Section 2.4 and the boundaries of such zones are shown upon the
map attached hereto, marked "Schedule A" and designated as the "Zoning Map", which
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
zone boundaries and maps, along with Schedules "B", "C", "D", "E" and "F" are hereby
declared to form part of this By-law. The Appendix to this By-law provides sketches for
illustrative purposes and, as such, does not form part of the operative provisions to this
By-law.
2.4.2 Boundaries of Zones
Where uncertainty exists with respect to the boundaries of the various zones as shown
on the Zoning Map, the following rules shall apply:
a)
Streets or Lanes - The zone boundaries are either streets or lanes unless
otherwise shown, and where the indicated boundaries on the Zoning Map are
approximately streets or lanes, the said streets or lanes shall be construed to be
zone boundaries.
b)
Lot Lines - Where the zone boundaries are not shown to be streets or lanes,
and where indicated boundaries on the Zoning Map are approximately lot lines,
the said lot lines shall be construed to be the zone boundaries unless said
boundaries are otherwise indicated on the map.
c)
Street or Lane or Right-of-Way - A street, lane, or railway right-of-way,
electrical transmission line right-of-way, or watercourse included on the Zoning
Map shall, unless otherwise indicated, be included within the zone or the
adjoining property on either side thereof; and where such street, lane, right-of-
way or watercourse serve as a boundary between different zones, a line midway
in such street, lane, right-of-way or watercourse and extending in the general
direction of the long division thereof shall be considered the boundary between
zones unless specifically indicated otherwise.
d)
Closed Street or Lane or Right-of-Way - In the event a dedicated street or
lane or right-of-way shown on the map is closed, the property formerly in said
street or lane or right-of-way shall be included within the zone of the adjoining
property on either of the said closed street or lane or right-of-way, and the zone
boundary shall be the former centre line of the said closed street or lane or right-
of-way.
e)
River or Lakeshore - Where any zone on Schedule "A" abuts a river or
lakeshore, such zone shall be deemed to extend into the river or lake and apply
to any water lots or to any land created by changing water levels, landfill
operations or by any other means.
2.5
Saving (Sunset Clause)
Notwithstanding anything herein contained to the contrary, but subject to compliance
with the parking and loading regulations in Section 4.20 of this By-law shall only apply to
buildings and structures erected or to be erected on or after Day of Enactment.
2.6
Application and Plans
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
In addition to the requirements of the Building By-law, every application for a building
permit shall be accompanied by a plan drawn to an appropriate scale, showing the true
shape and dimensions of the lot to be used or upon which it is proposed to erect any
building or structure. The plan shall indicate the proposed location, height and
dimensions of the building or structure or work in respect of which the permit is applied
for, and the location and dimensions of existing building or structures on the lot.
2.7
Inspection
The authority from time to time having jurisdiction to enforce this By-law is hereby
authorized after reasonable notice to the owner or assessed owner, occupant or
apparent occupant of the property in question to enter at all reasonable hours for the
purpose of inspection.
2.8
Violation and Penalty
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:
i)
on a first conviction to a fine of not more than $25,000; and
ii)
on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on
which the person was first convicted.
Where a corporation is convicted for contravening this By-law, the maximum penalty that
may be imposed is:
i)
on a first conviction a fine of not more than $50,000; and
ii)
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.
2.9
Repetition of Offence
The conviction of an offender upon a breach of any of the provisions of this By-law, shall
not bar prosecution against the same offender upon any subsequent break of the same
or any other provision of this By-law.
2.10
Restraining Violations
Any violation of this By-law may be restrained by action of the Corporation of the
Municipality of Chatham-Kent pursuant to the provisions of Section 440 of the Municipal
Act 2001 C.25, Chap. M.45, as amended or successor Legislation.
2.11
Validity
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
Should any section, or part of a section or information on any schedule of this By-law for
any reason be held to be invalid, all the remaining provisions shall remain in full force
and effect until repealed or replaced.
2.12
Conflict
In the event of any conflicts between this By-law and any general or special By-law, the
more restrictive By-law shall prevail.
2.13
Use of Headings and Subtitles
The general index, titles, section headings and any side notes are not part of this By-law
and are for the purposes of convenience and reference.
Repeal of Other Zoning By-laws
All Zoning By-laws which serve to regulate the use of land and the character, location
and use of buildings and structures within the Municipality of Chatham-Kent are hereby
repealed in their entirety so as to give effect to the provisions of this By-law and the
provisions of this By-law shall hereafter govern.
Without limiting the generality of the foregoing the following By-laws are specifically
repealed "The Repealed Zoning By-laws" to take effect on the date this By-law comes
into force; namely:
Former Town of Blenheim Zoning By-law No. 6-96 (as amended)
Former Town of Bothwell Zoning By-law No. 460-87 (as amended)
Former Township of Camden Zoning By-law No. 16-94 (as amended)
Former City of Chatham Zoning By-law No. 9317 (as amended)
Former Township of Chatham Zoning By-law No. 92-50 (as amended)
Former Township of Dover Zoning By-law No. 90-40 (as amended)
Former Town of Dresden Zoning By-law No. 1196 (as amended)
Former Village of Erieau Zoning By-law No. 411 (as amended)
Former Village of Erieau Zoning By-law No. 415 (as amended)
Former Village of Erie Beach Zoning By-law No. 154A (as amended)
Former Township of Harwich Zoning By-law No. 5296 (as amended)
Former Village of Highgate Zoning By-law No. 490 (as amended)
Former Township of Howard Zoning By-law No. 86-65 (as amended)
Former Township of Orford Zoning By-law No. 2281 (as amended)
Former Township of Raleigh Zoning By-law No. Z-5200-88 (as amended)
Former Town of Ridgetown Zoning By-law No. 75-20 (as amended)
Former Township of Romney Zoning By-law No. 42-1988 (as amended)
Former Village of Thamesville Zoning By-law No. 85-08(as amended)
Former Township of Tilbury East Zoning By-law No. 2470-86 (as amended)
Former Town of Tilbury Zoning By-law No. 1867-85 (as amended)
Former Town of Wallaceburg Zoning By-law No. 92-41 (as amended)
Former Village of Wheatley Zoning By-law No. 925 (as amended)
Former Township of Zone Zoning By-law No. 30-77 (as amended)
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
ENACTMENT
THAT, subject to the notice of the passing of this By-law in accordance with the
provisions of Section 34 (18) of the Planning Act, this By-law shall come into effect on
the date of passing by the Council of the Corporation of the Municipality of Chatham-
Kent where no notice of appeal or objection is received pursuant to the provisions of
Section 34 (19) of the Planning Act, R.S.O. 1990, C.P.13. Where notice of an appeal or
objection is received as a result of the circulation of the notice of passing of the By-law,
this By-law does not come into force until all such appeals have been disposed of,
whereupon the By-law shall be deemed to have come into force on the day it was
passed pursuant to Section 34 (30) of the Planning Act, R.S.O. 1990, C.P. 13, except for
such parts thereof as are repealed or amended in accordance with the direction of the
Ontario Municipal Board or as are repealed or amended by the Ontario Municipal Board
pursuant to Section 34 (26) of the Planning Act.
Read First Time on the
Read a Second Time on the
Read a Third Time and Finally Passed on the
___ Day Of
__________, 20
Mayor
Clerk
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
Section 3 - Definitions
For the purposes of this By-law, the definitions and interpretations given in this section shall
govern. Words used in the present tense include the future; words in the singular number
include the plural and words in the plural include the singular number. The word "shall" is
mandatory. The words "used" and "occupied" shall include the words "'intended or arranged'
and 'designed to be used or occupied'.
In this By-law,
"ABANDONED" means the failure, in the opinion of the Zoning Administrator, to proceed
expeditiously with construction work or to undertake construction work during any continuous 6-
month period.
"ABBATOIR" means a building or structure, or part thereof, used for the slaughtering of
animals.
"ACCESSORY", when used to describe a use, a building or a structure, means a use, a building
or a structure that is incidental, subordinate and exclusively devoted to a main use, building or
structure and located on the same lot therewith.
"ADULT ENTERTAINMENT ESTABLISHMENT" means any premises or part thereof in which
is provided, in pursuance of a trade, calling, business or occupation, goods or services
appealing to or designed to appeal to erotic or sexual appetites or inclinations and which
excludes minors by virtue of age.
In this definition:
a)
"GOODS" includes books, magazines, pictures, slides, film, photograph records,
prerecorded magnetic tape and any other reading, viewing or listening matter;
b)
"TO PROVIDE", when used in relation to goods, includes to sell, offer to sell or
display for sale, by retail or otherwise such goods, and "providing" and "provision"
have corresponding meanings;
c)
"TO PROVIDE", when used in relation to services, include to furnish, perform,
solicit, or give such services and "providing" and "provision" have corresponding
meanings;
d)
"SERVICES" includes activities, facilities, performers, exhibitions, viewings and
encounters;
e)
"SERVICES DESIGNED TO APPEAL TO EROTIC OR SEXUAL APPETITES
OR INCLINATIONS" includes services of which a principal feature or
characteristic is the nudity or partial nudity of any person; services in respect of
which the word "nude", "naked", "topless", "bottomless", "body rub", "sexy", or
any other word or any picture, symbol or representation having like meaning or
implication is used in any advertisement.
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
"AGRICULTURAL USE" means the use of an area of land, with or without accessory buildings
or structures primarily for:
i)
the tillage of soil;
ii)
the growing and harvesting of vegetables, fruits, field crops, mushrooms, berries,
trees, flowers or landscaping materials and may include the erection and use of
greenhouses, woodlots and forestry uses;
iii)
the grazing, breeding, raising, boarding or training of livestock of all kinds,
including, but not so as to limit the generality of the foregoing, cattle, swine,
sheep, goats, rabbits, poultry, fish, horses, ponies, donkeys, mules, fur-bearing
animals and household pets;
iv)
dairying, beekeeping;
v)
any other operation normally associated with farming;
vi)
an accessory farm sales outlet;
vii)
a Cannabis Production Facility
but excluding an abattoir or any premises used for the killing of livestock or the processing of
meat.
"AGRICULTURAL INDUSTRIAL ESTABLISHMENT" means the use of land and/or buildings or
structures for the manufacturing and wholesale and/or retail sales of goods that are necessary
to support agricultural uses. These include, but are not limited to, such goods as farm
machinery and equipment used for the tillage of soil, the planting, spraying, harvesting,
transporting, treatment, processing and storage of grain, forage, feed, or forest products,
products used for the housing and husbandry of livestock, poultry and fur-bearing animals, and
the storage, handling and processing of milk, eggs, and manure and the manufacture of
subsurface drainage materials and equipment.
"AGRICULTURAL PROCESSING ESTABLISHMENT" means the use of land and/or buildings
or structures for the processing of products derived from agricultural uses. These shall include,
but are not limited to, such products as seed grain, feed and forage processing, storage and
transport, fruit and vegetable storage and treatment, livestock and poultry assembly, sales and
transport, a cheese factory, an egg grading station, a saw mill, and excludes an abattoir and a
commercial grain elevator and drying establishment.
"AGRICULTURAL SERVICE ESTABLISHMENT" means premises used for the buying or
selling of commodities and services that support agricultural uses and shall include the sales
and service of welding and machinery repair, farm drainage and excavation, well drilling, custom
spraying, tillage, planting and harvesting services.
"AGRICULTURAL SUPPLY ESTABLISHMENT" means premises used for the supply of
goods, materials or services that support agricultural uses including the sale and storage of
seed, feed, fertilizer and chemical products and the rental, sale, repair or service of agricultural
equipment or implements or any combination of the foregoing.
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
"ALTER" means:
a)
when used in reference to a building or part thereof, to change any one or more
of the external dimensions of such building or to make any change in the
supporting members or to the type of construction of the exterior walls or roof
thereof; and
b)
when used in reference to a lot, to change the lot area, lot frontage or lot depth,
to change the width, depth or area of any required yard, setback, landscaped
open space or parking area thereof, or to change the location of any lot line,
whether such alteration is made by conveyance or otherwise; and
c)
when used in reference to a use, to discontinue and replace a use, in whole or in
part, with a use as defined herein which is distinct and different from the
discontinued use.
"ALTERED" and "ALTERATION" have corresponding meanings.
"AMBULANCE SERVICE" means a lot, building or structure or any part thereof for the
provision of an ambulance service licensed under the Ambulance Act, R.S.O. 1990, c.A.19.
Without limiting the generality of the foregoing, "ambulance service" includes the storage,
equipment, and maintenance of ambulances, communications facilities, offices, and residential
facilities for staff.
"AMENITY AREA" means an area upon a lot or within a building which is used for active or
passive recreational purposes and includes, for example, patios, landscaped open space,
walkways, balconies, swimming pools, and communal rooms and similar uses but does not
include parking or driveway areas.
AMUSEMENT"
a)
"AMUSEMENT GAME ESTABLISHMENT" means a building or a part thereof
within which more than three amusement game machines are available to the
public.
b)
"AMUSEMENT GAME MACHINE" means a mechanical, electrical or electronic
device activated by the insertion of a coin or token for the play of a game of
chance and/or skill that is not contrary to the Criminal Code of Canada.
c)
"AMUSEMENT PARK" means an establishment regardless of whether or not it is
maintained or operated for gain or profit, where rides, games of chance and/or
skill and the sale of food, beverages, toys and souvenirs constitute the main
uses.
"ANIMAL HOSPITAL" means a building or structure where domestic animals, birds or other
livestock are treated and where domestic animals or birds are kept for treatment only and shall
include a veterinary clinic.
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Comprehensive Zoning By-law
Approved December 14, 2009
"ANIMAL GROOMING" means the washing, clipping, drying and grooming of domesticated
animals.
"ASPHALT OR CONCRETE BATCHING PLANT" means an industrial facility used for the
production of asphalt or concrete, or asphalt or concrete 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 of finished products
manufactured on the premises and the storage and maintenance of required equipment, and
includes the retail sale of finished asphalt or concrete products produced on the premises.
"ASSEMBLY HALL" means a building or part of a building, in which facilities are provided for
such purposes as meetings for civic, educational, political, religious, or social purposes and may
include a banquet hall or the meeting hall of a private club.
"ATTACHED" when used in reference to a building, means a building otherwise complete in
itself, which depends on structural support or for complete enclosure upon a division wall or
division walls shared in common with adjacent building or buildings.
"AUCTION ESTABLISHMENT" means a building or part thereof used for the retail sale of
articles or goods to the members of the public bidding the highest offer for the article or goods
during the sale proceedings.
"AUDITORIUM" means a building or structure, or part thereof, where facilities are provided for
athletic, civic, educational, recreational, political, religious, or social events, including, but not so
as to limit the generality of the foregoing, an arena, curling rink, museum, community centre,
assembly hall, pool hall, bingo hall, gymnasium, stadium, cinema, theatre, or playhouse.
"AUTOMOBILE BODY SHOP" means a building or structure used for the painting or repairing
of and in conjunction with which glass may be installed and there may be a towing service and
motor vehicle rentals for customers while a motor vehicle is under repair, but does not include
any other automotive use otherwise defined or classified in this by-law.
"AUTOMOBILE REPAIR SHOP" means a building or structure where the exclusive service
performed or executed on motor vehicles for compensation shall include the installation of the
exhaust system, repair of the electrical system, transmission repair, brake repair, radiator repair,
tire repair and installation, rustproofing, motor vehicle diagnostic centre, major and minor
mechanical repairs or similar use in conjunction with which there may be a towing service,
facilities for the dispensing of gasoline and oil and motor vehicle rentals for the convenience of
the customer while the motor vehicle is being repaired, but shall not include any other
automobile use otherwise defined or classified in this by-law.
"AUTOMOBILE SALES AND SERVICE ESTABLISHMENT" means a lot, building or structure
where the business of selling new and used motor vehicles is conducted, and may include the
display, storage and sale of such motor vehicles; the storage and sale of automobile
accessories and related products; offices, show rooms and sales rooms; the leasing or renting
of motor vehicles; the sale of fuel, the servicing, washing, repairing, cleaning, polishing, painting
of motor vehicles; a towing service; where such uses are incidental to the main use but shall
exclude temporary sales trailers as offices or premises for this use.
"AUTOMOBILE SALES AND SERVICE ESTABLISHMENT, COMMERCIAL" means a lot,
building or structure where the business of selling new and used commercial vehicles and a is
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Comprehensive Zoning By-law
Approved December 14, 2009
conducted, and may include the display, storage and sale of such commercial vehicles; the
storage and sale of automobile accessories and related products; offices, show rooms and
sales rooms; the leasing or renting of commercial vehicles; the servicing, washing, repairing,
cleaning, polishing, painting of commercial vehicles; where such uses are incidental to the main
use but shall exclude temporary sales trailers as offices or premises; the selling of passenger
vehicles not for commercial use; the selling of farm vehicles.
"AUTOMOBILE SERVICE STATION" means a lot, building or structure, where such goods are
sold and such services are provided as are essential to the running operation of motor vehicles
including the repair thereof, and may include the selling of refreshments to the traveling public
by way of vending machines, and may include a coffee shop, but does not include a retail store,
the business of selling more than three cars or other vehicles at one time, and does not include
a car wash except that cars may be washed by hand by the operator or an employee of the
station.
"AUTOMOBILE WRECKING ESTABLISHMENT" means a building and/or lot used for the
wrecking or dismantling of derelict motor vehicles and for the storage and sale of material, and
parts obtained therefrom, but does not include any other automotive use defined in this by-law.
"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 products are offered for sale, some or all of
which may be prepared on the premises.
"BALCONY" means a stage or platform, other than a stoop, projecting from the wall of a
building and accessible from inside such building by means of a door.
"BANK/FINANCIAL INSTITUTION" means an institution where money is deposited, kept, lent
and exchanged, and includes the business premises of a trust company or a credit union,
securities dealer, finance company and stock broker, but not including the internal offices or
administrative offices which shall be considered to be offices for purposes of this By-law.
"BED AND BREAKFAST ESTABLISHMENT" means a dwelling unit within which the residing
owner or a person authorized by the owner may provide bedrooms for rent for temporary
accommodation, in connection therewith, the initial meal of the day may be provided to guests,
but no other services are provided other than housekeeping. However, a bed and breakfast
does not include a group home, small or large rental dwelling unit, nursing home or hotel.
"BEDROOM" means a room, or area in a dwelling unit, or small or large rental dwelling unit,
equipped, used or designed with the intended use for sleeping.
"BERM" means a landscaped mound of earth.
"BODY-RUB" includes the kneading, manipulating, rubbing, massaging, touching, or
stimulating, by any means, of a person's body or part thereof and does not mean the services of
a registered massage therapist.
"BUILDER'S SUPPLY YARD" means a yard for the storage and sale of building materials such
as lumber, bricks, plumbing or heating materials, pre-bagged concrete, sand, gravel or similar
substance, but does not include a salvage yard or the bulk storage of loose materials such as
sand, gravel recycled asphalt or concrete.
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Comprehensive Zoning By-law
Approved December 14, 2009
"BUILDING" means a structure having a roof, supported by columns or walls and used for the
shelter or accommodation of persons, animals, goods or chattels.
"BUILDING BY-LAW" means any by-law regulating the erection, alteration, demolition, and
repair of buildings, for the time being in force and includes The Building Code of Ontario.
"BUILDING INSPECTOR" means a person charged with the duty of enforcing the provisions of
the Building By-law of the Corporation.
"BUILDING, MAIN" OR "MAIN STRUCTURE" means the building or structure in which is
conducted the principal use of the lot on which it is situated. For clarity, a dwelling accessory to
an agricultural use is not a "main building" for the purposes of this by-law.
"BULK FUEL STORAGE" means the bulk storage and sale of petroleum, gasoline, fuel oil,
propane, natural gas, fuels, diesel or inflammable liquid or fluid but does not include a gas bar.
"BUNKHOUSE" means a building accessory to a permitted agricultural use containing kitchen
and bathroom facilities and sleeping accommodation in individual or combination rooms for
workers directly employed by the permitted use.
"BUNKIE" means an accessory structure with a maximum floor area of 30 sq. m, which is only
used for sleeping accommodations, does not include plumbing, and is not a dwelling unit.
"BUS DEPOT" means a facility for the arrival and departure of passengers from inter-city and
intra-city buses and may include ancillary commercial facilities, including, for example, a
restaurant, washroom, lounges, ticket sales area and accessory offices.
"CALL CENTRE" means a building or part of a building in which people are employed to
provide product information services to the public by way of telephone, internet, fax, video and
mail.
"CAMPGROUND" means a lot upon which two or more campsites are located, established or
maintained for occupancy by the general public as temporary living quarters for recreation,
education or vacation purposes, and within which the operator provides sanitary, cooking and
waste disposal facilities for use by the campers, and within which private recreational facilities
and a convenience retail store may be located.
"CANCER RESOURCE & SUPPORTIVE CARE CENTRE" means a building or part thereof
used for a volunteer, non-profit, registered charity to provide victims of cancer and their families
with resources including but not limited to a lending library, support group meeting facility, an
administrative office for the operation of the centre, resource supplies related to the illness,
workshop and therapeutic programs. It shall not include offices for a health care provider,
overnight accommodations or the direct treatment of the disease or illness other than in a
therapeutic nature.
"CANNABIS PRODUCTION FACILITY" means any building structure, or lands licensed by,
Health Canada to undertake cultivation, processing, sale, analytical testing, and research of
cannabis, pursuant to the Cannabis Regulations under the Cannabis Act, or successor
legislation.
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
"CANOPY" means a permanent roof-like cover that projects from the outside wall of a building
or that is a free-standing structure for the purpose of sheltering people, motor vehicle fuel
pumps, or dispenser islands from the weather, but does not include a carport.
"CARPORT" means a roofed accessory structure used for the storage of passenger motor
vehicles and having more than 40% of the total side area open and unobstructed. For purposes
of the yard requirements of this by-law, a carport attached on one or more sides to the main
building is deemed to be part of the main building.
"CAR WASH" means an establishment where motor vehicles are washed manually or
mechanically or both.
"CAR WASH, AUTOMATIC" means a car wash wherein vehicles are washed, cleaned or dried
within a building, principally by mechanical equipment having capacity to wash more than five
(5) vehicles per hour in one line, with no direct participation by the operator of the vehicle. On-
site vacuuming devices and wiping and drying areas may form a part of the facility but need not
be within the main building.
"CAR WASH, MANUAL" means a car wash wherein vehicles are washed within a building by
the operator of the vehicle, by means of a hand-held hose or hoses connected to the water
system of the structure. On-site vacuuming devices and wiping or drying areas may form a part
of the facility but need not be within the main building.
"CEMETERY" means land that is set apart or used as a place for the interment of the dead or in
which human bodies have been buried.
"CHILD CARE CENTRE" means a premises operated by a person licensed under the Child
Care and Early Years Act, or successor legislation, to operate a child care centre at the
premises.
"CHURCH" means a building commonly used by any religious organization for public worship,
and includes a rectory or manse, church hall, day nursery or religious school associated with or
accessory thereto and located on the same lot as the main building.
"CLINIC" means a building in which two or more health care professions and their staff work for
the purpose of consultation, diagnosis and office treatment of human patients, but does not
include a hospital. 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 business.
"CLINIC, VETERINARY" means a facility for the veterinary care of dogs, cats and other
household pets and includes provision for overnight accommodation on the premises.
"CLUB, PRIVATE" means a building or premises located on privately owned lands, operated for
social, literary, cultural, political, educational or recreational purposes, primarily for the exclusive
use of members and their guests and not open to the general public on an equal basis. A
"Private Club" includes but is not limited to a fraternal organization, a lodge, a Canadian legion
branch, and facilities of a labour union but does not include a hall.
"COMMERCIAL ENTERTAINMENT AND RECREATIONAL ESTABLISHMENT" means a
place where facilities for leisure time activities are provided for hire or gain, and includes, for
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Comprehensive Zoning By-law
Approved December 14, 2009
example, a court for racquet sports, dance hall, gym or fitness centre, amusement game
establishment, miniature golf, bingo hall, curling rink, bowling alley, cinema, and indoor
swimming pool.
"COMMERCIAL PET BOARDING ESTABLISHMENT - means any premises where household
pets are kept or boarded as a commercial service, and may include the grooming of pets and an
outdoor fenced run area."
"COMMERCIAL USE" means the use of any land, building or structure for the purpose of
buying and selling commodities, or supplying of services as distinguished from such uses as
manufacturing or assembling of goods, warehousing, transport terminals, construction and other
similar uses.
"COMMERCIAL VEHICLE" means a motor vehicle exceeding a registered gross vehicle weight
of 4,000 kg rating and includes tractors used for hauling purposes on the highways with or
without a trailer attached.
"COMPOSTING FACILITY" means an open windrow waste processing facility in which leaf and
yard waste is processed into compost through an aerobic biological process, conducted under
controlled, engineered conditions designed to produce stabilized humus.
"CONSERVATION AREA" means an area within which work is undertaken by a Conservation
Authority pursuant to the provisions of the Conservations Authorities Act, R.S.O. 1980.
"CONTRACTOR'S YARD" means land or buildings used for offices, shop, assembly work or
the storage of building and construction materials and equipment, but excludes the outdoor
storage of salt, sand or gravel.
"CORPORATION" means the Corporation of the Municipality of Chatham-Kent.
"COTTAGE OR CABIN" means a detached building used by one family as occasional living
quarters for recreation, rest, relaxation or during vacation or holiday periods, but not occupied
continuously or as the principal residence.
"COUNCIL" means the Municipal Council of the Corporation.
"A COUNTRY MUSIC JAMBOREE" means an open air concert venue limited to country music
performances and may include a permanent performance stage and such accessory uses as a
temporary viewing area, temporary retail vendors, non-serviced temporary campground
facilities, temporary parking area(s) and temporary kiosks for other facilities needed for the
direct support of the permitted use.
"CRAFT BREWERY" means the premises for the production of beer and features the
following:
- The facility produces up to 50,000 hectoliters annually for sale at retail outlets such as
the LCBO or Beer Store and off-premises locations such as pubs and restaurants
- The facility is a tourism destination including accessory uses such as tours, a
tasting/event room, secondary food preparation and on-site retail space
- The facility utilizes a stack condenser which will reduce odour emissions and
recapture/re- use waste heat
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
- Accessory uses are permitted and may include, but are not necessarily be limited to,
storage and distribution of beer produced on site.
"CRAFT CIDERY" means the premises for the production of cider and features the following:
- The facility produces up to 50,000 hectoliters annually for sale at retail outlets such as
the LCBO or Beer Store and off-premises locations such as pubs and restaurants
- The facility is a tourism destination including accessory uses such as tours, a
tasting/event room, secondary food preparation and on-site retail space
- The facility utilizes a stack condenser which will reduce odour emissions and
recapture/re- use waste heat
- Accessory uses are permitted and may include, but are not necessarily be limited to,
storage and distribution of cider produced on site.
"CULTURAL FACILITY" means a building used for cultural activities and shall include a library,
museum and an art gallery.
"DERELICT VEHICLE" means a motor vehicle, tractor, trailer, truck, camper, boat, motorcycle,
demolition endurance vehicle, motorized snow vehicle, mechanical equipment, machinery or
parts thereof, or any vehicle drawn, propelled or driven by any kind of power or any part thereof,
but does not include agricultural equipment that is not in an operating condition and is
discarded, rusted, deflated tires, wrecked or partly wrecked, or is dismantled or partly
dismantled.
"DETACHED" means not attached.
"DEPARTMENT STORE TYPE MERCHANDISE (DSTM)" is defined as the following retail
stores; pharmacies; patent medicine and toiletries stores; shoe stores; men's clothing stores;
women's clothing stores; children's clothing stores; fur goods stores; other clothing stores, not
elsewhere classified; fabric and yarn stores; household furniture stores (with appliances and
furnishings); household furniture stores (without appliances and furnishings); furniture
refinishing and repair shops; appliance, television, radio and stereo stores; appliance, television,
radio and stereo repair shops; floor covering stores; drapery stores; other household furnishings
stores; general stores; other general merchandise (variety and general merchandise stores);
book and stationery stores; florist shops; lawn and garden centres; hardware stores; paint, glass
and wallpaper stores; toy and hobby stores; gift, novelty and souvenir stores; opticians shops,
art galleries and artist supply stores, coin and stamp dealers, luggage and leather goods stores,
other retail stores not elsewhere classified, but does not include any retail store defined as Non-
Department Store Type Merchandise (Non-DSTM) or Home Improvement Related Merchandise
(HIRM). This definition shall only apply to the UC(DC) District Commercial, UC(CBD) Central
Business District and UC(PC) Power Centre Zones.
"NON-DEPARTMENT STORE TYPE MERCHANDISE (NON-DSTM)" is defined as the
following retail stores; food stores to a maximum of 1393.5 sq. m gross floor area, excluding
supermarkets; automobile (new) dealers; automobile (used) dealers; motor home and travel
trailer dealers; boats, outboard motors and boating accessories dealers; motorcycle and
snowmobile dealers; other recreational vehicle dealers; garages (general repairs); paint and
body repair shops; muffler replacements shops; motor vehicle glass replacement shops; motor
vehicle transmission repair and replacement shops; other motor vehicle repair shops; car
washes; other motor vehicle services, not elsewhere classified; wine stores; beer stores;
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
second-hand merchandise stores, not elsewhere classified; opticians' shops; art galleries and
artists' supply stores; luggage and leather goods stores; monument and tombstone dealers; pet
stores; coin and stamp dealers; mobile home dealers; other retail store, not elsewhere
classified; but does not include any retail store defined as Department Store Type Merchandise
(DSTM) or Home Improvement Related Merchandise (HIRM). This definition shall only apply to
the UC(DC) District Commercial, UC(CBD) Central Business District and UC(PC) Power Centre
Zones.
"DRIVE-WAY" means a vehicular passageway having at least one end thereof connected to a
public thoroughfare, and providing ingress to and/egress from a lot. When used on a Zoning
Map Schedule "Driveway" defines the only area within which vehicular ingress to and egress
from the lot shall be permitted.
"DRY CLEANING ESTABLISHMENT" means a building where dry cleaning, dry dyeing,
cleaning or pressing of articles or clothing is carried on.
"DWELLING" means a building or part thereof, containing one or more dwelling units which is
occupied or capable of being occupied as a principal residence by one (1) or more persons,
constructed on-site, or off-site in parts designed to be transported to a property and where they
are joined as integral units, and placed on a permanent foundation over a crawlspace or
basement, but shall not include travel trailers, park model trailers, cottages, or a bunkie.
"DWELLING ACCESSORY" means a dwelling unit which is part of, and accessory to, a
permitted non-residential use. Such dwelling shall be occupied by either the family of the owner
or by the family of a person employed on the lot where such dwelling is located.
"DWELLING, ADDITIONAL" means a dwelling unit or dwelling units ancillary to a single
detached dwelling, a semi-detached dwelling unit, or a row house dwelling unit and located
within one of the foregoing dwelling types or within a building ancillary to one of the foregoing
dwelling types.
"DWELLING APARTMENT" means a building containing five or more dwelling units each of
which has its chief access to and from the outside by way of common hallways, stairways or
elevators. However, it does not include a row house dwelling, boarding house, rooming house,
tourist establishment, hotel or motel.
"DWELLING, DOUBLE DUPLEX" means two attached duplex dwellings containing a total of
four dwelling units.
"DWELLING, DUPLEX" means a dwelling designed and built to contain two dwelling units, one
above the other, each having an independent entrance and not attached to any other building.
"DWELLING FOUR-PLEX" means a dwelling containing four dwelling units, each having an
independent entrance to the outside and separated from the adjoining unit or units by a
common or party wall.
"DWELLING, MULTIPLE" means a dwelling containing three or more dwelling units.
"DWELLING, ROW HOUSE" means a dwelling containing three or more dwelling units to a
maximum of eight, each dwelling unit having at least one separate entrance at street level, and
separated from the adjoining unit or units by a common or party wall.
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Comprehensive Zoning By-law
Approved December 14, 2009
"DWELLING, SEMI-DETACHED UNIT AND DWELLING SEMI-DETACHED"
Semi-Detached Dwelling means a dwelling divided vertically into two dwelling units.
Semi-Detached Dwelling Unit means one unit of a semi-detached dwelling.
"DWELLING, SENIOR CITIZEN" means a residence providing accommodation primarily for
retired persons where each private bedroom or living unit has a separate private bathroom and
separate entrance from a common hall or directly to outside and where common facilities for the
preparation and consumption of food, common lounges, recreation rooms, and medical care
facilities are all provided.
"DWELLING, SINGLE DETACHED" means a dwelling containing one dwelling unit only and
does not include a mobile home.
"DWELLING, SPLIT LEVEL" means a single detached dwelling in which there are three or
more floor levels, each being less than 2.1 m apart vertically from the floor level next above or
below. For the purposes of this By-law, a split level dwelling shall be considered as a 1½-
storey dwelling.
"DWELLING, TRIPLEX" means a dwelling containing three dwelling units, each having an
independent entrance to the outside and separated from the adjoining unit or units by a
common, or party wall.
"DWELLING UNIT" means a connected space for residential purposes, within a building which
includes one or more bedrooms, sanitary facilities, and cooking facilities, all of which are
provided for the exclusive use of the occupants thereof and having a private entrance from
outside the building or from a common corridor, stairway or elevator. A dwelling unit may be
rented either as a single housekeeping unit or as individual bedrooms.
"DWELLING UNIT, BACHELOR" means a dwelling unit consisting of one bathroom and not
more than two habitable rooms providing therein living, dining, sleeping and kitchen
accommodation in appropriate individual or combination room or rooms, and principally
designed for use by one person.
"EATING ESTABLISHMENT" means a building, or part of a building, where food is offered for
sale or sold to the public for immediate consumption and includes a restaurant, coffee shop,
café, cafeteria, ice cream parlour, tea or lunch room, dairy bar, snack bar or refreshment room
or stand.
"EATING ESTABLISHMENT, TAKE-OUT" means a building or part of a building designed,
intended or used for the sale of food and refreshments to the general public but which does not
include any provisions for consumption of the food by the customer while in his vehicle, within
the building or elsewhere on the site.
"EMISSION" means any dust, corrosive gases, fly ash, electromagnetic fields, heat, glare,
odours, smoke, toxic gases, radiation, petrochemical waste or chemical waste issuing from a
building, structure or lot.
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Comprehensive Zoning By-law
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"EMPLOYEE, FARM, SEASONAL" means a person, including the family thereof, engaged by
the owner of a lot to assist in the production and/or harvesting of crops on such lot for a period
of at least 30 days but not longer than nine months during the crop growing and harvesting
season.
"EMPLOYEE, FARM, SEASONAL, ACCOMMODATION" means a separate building or trailer
used or intended to be used for seasonal accommodation or workers of the owner or operator of
a farm provided such seasonal employees perform their duties on such farm and in which
lodging with or without meals is supplied or intended to be supplied to such employees.
"ERECT" means and includes, when used with reference to a building or structure, build,
construct, enlarge, alter, remove, relocate and also includes any preliminary physical operation
such as excavating, filling or draining, and further includes any work for which a building permit
is required under the Building By-law of the Corporation. The words "Erected" or "Erection"
shall have a corresponding meaning.
"EXISTING", when used in reference to a use, a lot, a building or a structure, means a use, a
lot, a building or a structure in existence prior to the date of passing of this By-law, so long as it
continues to be used for that purpose.
"EXPLOSIVES STORAGE AND LOADING FACILITY" refers to a facility licensed under
Natural Resources Canada - Explosives Regulatory Division, or any subsequent licensing
agency thereto, to store and load explosives for the purpose of servicing the petroleum industry.
"FACTORY-BUILT HOUSING" means a factory-built structure designed for long-term
residential use. For the purposes of this By-law, factory-built housing consists of three types:
mobile homes, panelized or kit homes and modular homes.
a)
"MOBILE HOME" means a transportable, factory-built dwelling having a floor
area of not less than 24 sq. m designed to be transported on its own wheels and
chassis or on a flatbed trailer to a site, and being ready for occupancy upon
arrival at the site, except for anchoring by wheels, jacks, posts or piers,
connection to public utilities and minor preparation, but shall not include a travel
or tent trailer or similar recreational vehicle otherwise defined. Despite any room
additions, a mobile home may be distinguished from other types of factory-built
housing by reason of its design such that the length of the main unit of the mobile
home exceeds three times its width.
b)
"PANELIZED OR KIT HOME" means complete single detached dwelling
assembled on site using factory-built finished housing components placed on a
permanent foundation over a basement, cellar or crawlspace. For the purpose of
this By-law, a single detached dwelling includes a panelized or kit home.
c)
"MODULAR HOME" means a transportable, factory-built dwelling designed to be
transported in two or more separate sections with each section towed on its own
wheels and chassis or on a flatbed trailer to its final location and joined together
to form one dwelling unit, placed on a permanent concrete foundation with or
without a basement, cellar or crawl space, and connected to public utilities but
does not include a panelized or kit home. For the purpose of this By-law, a
single detached dwelling includes a modular home.
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Comprehensive Zoning By-law
Approved December 14, 2009
"FACTORY OUTLET" means a building or part thereof accessory to, and clearly secondary to,
an industrial use or a service trade establishment, wherein products manufactured, produced,
processed or stored on the premises are kept or displayed, for wholesale or retail sale, or
wherein orders are taken for the deliver of such products and where a maximum of 20% of the
gross floor area is devoted to the wholesale or retail use.
"FARM" means land used for the tillage of soil or the growing of vegetables, fruits, grains,
legumes, hays, tobacco or other crops. This definition shall also apply to land used for livestock
raising, dairying or wood lots.
"FARM, SPECIALIZED" means land on which one or more of the following commercial activities
consisting of raising chickens, turkeys or other fowl; the raising of fur-bearing animals; the
raising of horses, sheep, swine or goats; the raising of cattle on feed lots; the raising of dairy
cattle; the raising of rabbits; the raising or boarding of dogs or cats; or growing of mushrooms, is
undertaken.
"FARM EQUIPMENT DEALER" means an establishment wherein the principal activity involves
the sale, repair, serving or rental of agricultural equipment and implements.
"FARM PRODUCE SALES ESTABLISHMENT" means a place, with or without permanent
buildings, where farm produce may be sold to the general public.
"FARM SALES OUTLET" means a use accessory to a permitted farm, which consists of the
retail sale of agricultural products.
"FARM VACATION ESTABLISHMENT" means a farm containing an existing single-detached
dwelling in which no more than three guest rooms are made available by the residents of the
dwelling to vacationers for temporary accommodation and/or recreation on the farm, normally
with meals, in the course of which no assistance is offered by any person not residing on the
farm.
"FARMERS' MARKET" means the use of land, buildings or structures for the retails sale of
farm produce by individual retailers and may include the retails sale of arts and crafts as a
secondary use, but does not include a Flea Market.
"FINANCIAL INSTITUTION" means an establishment which provides money management
services directly to the public, including a bank, trust company, credit union, securities dealer,
finance company and stock broker, but not including the internal offices or administrative offices
which shall be considered to be offices for purposes of this By-law.
"FITNESS CENTRE" means a building or part thereof, in which facilities are provided for
recreational athletic activities including, but not limited to, body-building and exercise classes,
and shall in include associated facilities such as a sauna, spa, solarium or swimming pool.
"FLOOD PLAIN" means the horizontal area bordering a river, stream or watercourse which is
subject to flooding and the limits of such flood plain as defined by the Conservation Authority
having jurisdiction.
"FLOOR AREA" means, with reference to a building, total habitable floor area within a building
which area is measured between exterior faces or exterior walls or from the centre line of a
Municipality of Chatham-Kent
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common or party wall, excluding any private garage, breezeway, porch or verandah, balcony,
terrace, pantry, basement, cellar and any floor area with a ceiling height less than 2.13 m
"FLOOR AREA, GROSS" means total floor area, as defined herein exclusive however, of any
part of the building or structure below finished grade which is used for heating equipment,
electrical rooms, elevators, the storage or parking of motor vehicles, locker storage and laundry
facilities, children's play area and other accessory uses, or uses as living quarters by the
caretaker, watchman, or other supervisor of the building or structure; and enclosed malls when
used as a common area between stores.
"FLOOR AREA, GROSS LEASABLE" means the gross floor area of a building or structure
exclusive of any internal common areas, washrooms and corridors excepting the combined area
of kiosks totaling more than 100 sq. ft.
"FLOOR AREA, GROUND" means the maximum ground floor area of a building measured to
the outside walls excluding, in the case of a dwelling house, any private garage, carport, porch,
verandah, sunroom unless such sunroom is habitable at all seasons of the year.
"FLOOR AREA, TOTAL" means the aggregate of the horizontal areas of each floor, whether
any such floor is above or below grade, measured between the exterior faces of the exterior
walls of the building or structure at the level of each floor.
"FULL SERVICES" means sanitary sewer, storm drainage, piped water and an improved street.
"FUNERAL HOME" means a building or part thereof wherein a licensed undertaken prepares
corpses for interment and may include a chapel or visitation centre for funeral services.
"FURNITURE STORE" means a building where furniture is sold at retail and may include
furniture storage as an accessory use.
"GARAGE, PRIVATE" means a detached accessory building or portion of a dwelling house
which is designed or used for the sheltering of a private motor vehicle and storage of household
equipment incidental to the residential occupancy and which is fully enclosed and roofed and in
which there are not facilities for repair or servicing for remuneration of such vehicles.
"GARAGE, PUBLIC" means a building other than a private garage which is used for the
servicing or minor repairing or equipping of motor vehicles or where such vehicles are parked or
stored for remuneration, hire or sale, but not including the manufacturing or repairing of motor
vehicle bodies.
"GAS BAR" means a building, structure or place, or a combination thereof, used for the retail
sale of gasoline or other motor fuels, and lubricating oils and allied additives, and the
introduction of such materials into vehicles, but does not include the provision of mechanical
services to vehicles.
"GOLF COURSE" means a public or private area operated for the purposes of playing golf and
includes a club house and accessory buildings, a par-3 golf course, a driving range and may
include miniature golf courses and similar uses operated for commercial purposes.
"GRADE" when used with reference to a building or structure, means the finished ground
elevation immediately adjoining the wall or walls in question or the base of the structure
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exclusive of any artificial embankment. When used with reference to a street, "Grade" means
the elevation of such street as established by the Corporation or other authority having
jurisdiction.
"GREENHOUSE FARM LARGE SCALE" means an agricultural use in which the predominant
economic activity involves the growing of plant materials in large scale greenhouses for
subsequent replanting or sale.
"GREENHOUSE LARGE SCALE" means a building or structure whose roof and sides are
made largely of glass or other transparent or translucent material, in which the temperature and
humidity can be regulated for the cultivation of delicate or out-of-season plants, and which is
2 ha (5 acres) or greater in area.
"GREENHOUSE SMALL SCALE" means a building or structure whose roof and sides are
made largely of glass or other transparent or translucent material, in which the temperature and
humidity can be regulated for the cultivation of delicate or out-of-season plants, and which is
less than 2 ha (5 acres) in area.
"GROUP HOME" means a dwelling unit operated as a single housekeeping unit
accommodating, or having the facilities to accommodate 5 to 10 residents exclusive of staff
who, by reason of their emotional, mental, social or physical condition require a group living
arrangement, under responsible supervision consistent with the requirements of its residents,
and the group home is either licensed or funded under Provincial or Federal statute, but shall
not include:
a)
a place maintained and operated primarily for the temporary care of, and
occupied by, inmates or adults placed on probation or released on parole;
b)
a place maintained and operated primarily for the temporary care of, and
occupied by, transient or homeless persons; or
c)
a place maintained and operated primarily for the treatment and rehabilitation of,
and occupied by, persons who are addicted to drugs or alcohol.
Any counseling or support services provided in the group home shall be limited to those
required by the residents.
This definition does not include a bed and breakfast, nursing home, multiple dwelling unit, rental
small or large rental dwelling unit, hotel, or residential care facility.
"GUEST ROOM" means a room or suite of rooms used or maintained for the accommodation of
the public and which contain no provisions for cooking.
"HABITABLE ROOM" means a room designed or used for living, sleeping, eating or food
preparation including a den, library, sewing room, enclosed four-season sun room, or finished
room in a basement with at least 2 m in ceiling height, but excludes bathrooms, toilet rooms, or
any space devoted to laundry, pantry, corridors, stairways, storage closets, furnaces, utilities or
maintenance of the dwelling.
"HEIGHT" when used with reference to a building or structure, means the vertical distance
between the average grade at the front of such building or structure to the highest point thereon
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Approved December 14, 2009
exclusive of any ornamental dome, chimney, tower, cupola, steeple, church spire, water storage
tank, electrical apparatus, television or radio antenna, or structure for the mechanical equipment
required for the operation of such building or structure. Without limiting the generality of the
foregoing, the highest point shall be taken as:
a)
in the case of a flat roof, the highest point of the roof surface or parapet,
whichever is the greater;
b)
in the case of a mansard roof, the deck roof line;
c)
in the case of a gable, hip or gambrel roof, the mean heights between the eaves
and ridge.
Where the height is designated in terms of storeys, it means the designated number of storeys
above, and including, the first storey.
"HOLISTIC HEALTH CENTRE" means a building, or part thereof, in which facilities or offices
are provided for the practice of alternative and traditional medical treatments and may include,
but is not limited to, Yoga, Chiropractic, Podiatrist, Chiropodist, Meditation Classes, Reflexology,
Massage, Chinese Medicine, Naturopathy, Acupuncture, Iridology, Homeopathy and
Shamanism.
"HOME CHILD CARE" means child care that meets the description set out under the Child
Care and Early Years Act, or successor legislation.
"HOME INDUSTRY" means a gainful occupation conducted in whole or in part of an accessory
building to a single detached dwelling in accordance with Section 4.14 and shall only be
permitted in an Agricultural zone.
"HOME OCCUPATION" means an occupation conducted entirely within a dwelling unit, by the
occupants thereof, which is clearly incidental and secondary to the use of the dwelling unit for
residential purposes in accordance with Section 4.15.
"HOME IMPROVEMENT RELATED MERCHANDISE STORE (HIRM)" means a retail store
which provides for the sale of home maintenance and improvement supplies, building materials
and lawn and garden products, but does not include any use otherwise classified or defined in
this by-law. This definition shall only apply to the UC(DC) District Commercial, UC(CBD)
Central Business District and UC(PC) Power Centre Zones.
"HOMEOPATHIST OFFICE" means a building or part thereof used for the practice of
homeopathic medicine and shall include services directly related to the practice of homeopathic
medical treatment.
"HOSPITAL" means any institution, building or other premises established for the treatment of
persons afflicted with or suffering from sickness, disease or injury, for the treatment of
convalescent or chronically ill persons that is approved under The Public Hospitals Act as a
public hospital.
"HOTEL" means a commercial establishment offering accommodation to the traveling public on
a short-term basis and may include such accessory facilities as a restaurant, banquet facilities,
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Approved December 14, 2009
meeting rooms, swimming pool and a fitness establishment, but does not include a bed and
breakfast or small or large rental dwelling unit.
"INDUSTRIAL USE" means the use of any land, building or structure for the purpose of
manufacturing, processing, assembling, making, preparing, inspecting, ornamenting, finishing,
treating, altering, repairing, warehousing, storing or adapting for sale any goods, substance,
article or thing, or any part thereof, and the storage of building and construction equipment and
materials, as distinguished from the buying and selling of commodities and the supplying of
personal services. The sale goods resulting from such operations shall be permitted provided
that the sales area does not occupy more than 20% of the gross floor area of the building. An
industrial use shall include a Cannabis Production Facility excluding the outdoor cultivation of
cannabis.
"INDUSTRIAL MALL" means a building or group of buildings held in single ownership or by
participants in a condominium corporation or co-operative and divided into units for separate
occupancy by different industrial uses for which common loading and parking facilities and other
common services may be but not necessarily are provided.
"INDUSTRY, DRY" means an industrial use which does not utilize process water or discharge
water except for water from washrooms or from indirect cooling of equipment, pressure testing
of equipment, washing of accessory vehicles, or other similar ancillary uses where the water is
re-circulated.
"INSTITUTIONAL USE" means the use of land, buildings or structures for religious charitable,
educational, health or welfare purposes, and includes but is not limited to hospitals, churches,
day nursery, adult secondary school, commercial school, elementary schools, post-secondary
schools, private schools and/or secondary schools.
"KENNEL" means any building or structure within which three (3) or more domesticated animals
more than four (4) months of age are housed, groomed, bred, boarded, trained or sold and
which may offer provisions for minor medical treatment.
"LABORATORY OR SCIENTIFIC RESEARCH FACILITY" means a building, or part thereof,
used for scientific testing, experimentation and/or research, but does not include a medical
facility or a dental facility.
"LANDFILL AND LANDFILLING" means the disposal of waste by deposit, under controlled
conditions, on land and includes compaction of the waste into a cell and covering the waste with
cover materials at regular intervals.
"LANDSCAPING" means a combination of trees, shrubs, flowers, grass and other horticultural
elements, together with decorative stonework, paving, screening or other architectural elements
all of which is designed to enhance the visual amenity of a property and to provide a screen to
mitigate any objectionable aspect that may detrimentally affect adjacent land.
"LANDSCAPED OPEN SPACE" means the space on a lot which is suitable for the growth and
maintenance of grass, flowers, bushes, shrubs, trees, or other landscaping and includes any
surfaced walk, patio or similar area, children's play space, swimming pools, and uses and
buildings accessory thereto, but does not include any driveway, whether surfaced or not, any
curb, retaining wall, parking area or any open space beneath or within any building or structure.
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Approved December 14, 2009
When used on a Zoning Map Schedule, "Landscaped Open Space" defines an area which shall
be used only for such growth, walk, patio or landscaping.
"LANE" means a public right-of-way which affords a secondary means of access to the abutting
lots.
"LAUNDROMAT" means a self-serve clothes washing establishment and may include dry-
cleaning as an ancillary part of the business.
"LOADING SPACE" means an off-street space or berth located on the same lot as a permitted
use and used for the parking of a commercial vehicle, loading or unloading merchandise or
materials, pertinent to such permitted use.
"LODGE" means a building for the temporary accommodation of people engaged in hunting,
fishing and recreational activities.
"LODGER" means a tenant who rents a bedroom in a small or large rental dwelling unit.
"LOT" means a parcel or parcels of land under common ownership which front or abut on an
improved street and is described in accordance with a registered deed or a registered plan of
subdivision or a lot located on an island or area of water access only.
a)
"LOT AREA" means the total horizontal area within the lot lines of a lot,
excluding the horizontal area of such lot normally covered by water or marsh. In
the case of corner lots having a street line rounding at the corner of a radius of
6 m or less, the lot area of such a lot shall be calculated as if the lot lines were
produced to their point of intersection.
b)
"LOT, CORNER" means a lot situated at the intersection of, and abutting a street
on two or more sides, providing the intersection of such streets is at an angle of
not more than 135º.
c)
"LOT COVERAGE" means that percentage of lot area covered by buildings and
structures above established grade, but does not include uncovered swimming
pools, unenclosed porches, patios, sundecks and above-ground pool decks.
d)
"LOT DEPTH" means the horizontal distance between the front and rear lot lines.
Where these lines are not parallel, it shall be the length of the line joining the
mid-points of the front and rear lot lines or, in the case of a triangular lot it shall
be the length of the line joining the mid-point of the front lot line and the apex of
the triangle.
e)
"LOT FRONTAGE" means the horizontal distance between the side lot lines,
such distance being measured at a right angle to the line joining the middle of the
front lot line with either the middle of the rear lot line or the apex of the triangle
formed by the side lot lines, and at a point therein distance 7.62 m from the front
lot line.
f)
"LOT, INTERIOR" means a lot other than a corner lot.
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Approved December 14, 2009
g)
"LOT, THROUGH" means a lot bounded on two opposite sides by streets that is
not a corner lot.
"LOT LINE" means the boundary line of a lot defined as follows:
a)
"LOT LINE, FRONT" means the lot line that divides a lot from the street provided
that in the case of a corner lot, the shorter lot line that abuts a street shall be
deemed to be the front lot line, and the longer lot line that so abuts shall be
deemed to be a side lot line. In the case of a through lot, only one of the lot lines
abutting a street shall be deemed the front lot line.
b)
"LOT LINE, REAR" means the lot line farthest from and opposite the front lot
line.
c)
"LOT LINE, SIDE" means a lot line other than the front or rear lot line.
"MAIN", when used to describe a use, a building or a structure, means a use or structure which
is, or a building in which is conducted, a principal use of the lot on which such use, building or
structure is located.
"MARINA" means a building or structure or part thereof containing marine facilities and located
on a navigable waterway where boats and boat accessories are stored, repaired, serviced or
kept for sale or rent. A marina may include the sale of marine fuels and lubricants.
"MARINE FACILITY" means a structure which is used to place a boat into or take a boat out of
a navigable waterway or used to moor, berth or store a boat. This definition may include a boat
launching ramp, a boat lift, dock or boathouse, but shall not include any dwelling or habitable
room or any boat repair, service, sales or rental facilities.
"MATERIAL RECOVERY FACILITY" means a waste processing facility in which source
separated material is processed into recyclable or reusable material. Processing may include
such activities as sorting, bailing, treatment and other forms of material recovery and short-term
storage of processed material.
"MIXED USE COMMERCIAL/RESIDENTIAL BUILDING" means a building containing on the
ground or first floor a non-residential use permitted in the zone and a dwelling unit(s) or a small
or large rental dwelling unit above the non-residential use or behind the non-residential use.
However, the residential use on the ground or first floor, may not be more than 50% of the gross
floor area.
"MOBILE HOME LOT" means a parcel of land within a mobile home park occupied or intended
for occupancy by one mobile home together with all land appurtenant thereto as given by the
setback requirements and other provisions of this by-law.
"MOBILE HOME PARK" means one or more parcels of land each containing two or more
mobile home lots and which is or are under single management and ownership and which is or
are designed and intended for residential use where residence is in mobile homes exclusively.
"MUNICIPAL", when used in reference to a lot, a building or a structure, means a lot, a building
or a structure owned, occupied and used by the Corporation or any department, board,
commission or agency thereof.
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Comprehensive Zoning By-law
Approved December 14, 2009
"MUNICIPAL DRAIN" means drainage works as defined by the Drainage Act, or successor
Legislation.
"MUNICIPAL SERVICES" means such services as curbs, gutters, sidewalks, pavement and
roadworks, sewage and drainage systems, pumping stations, sewage treatment plants, private
drain connections, watermains, service pipes, electrical services, or street lights, designed to
service or capable of servicing a lot.
"MUTUAL DRIVEWAY" means an ingress or egress that is common to two or more owners of
abutting lands as a right-of-way registered against the title of the lands.
"NATURALIZATION AREA" means an area where native plants are allowed to emerge and
spread so to increase the natural cover. No mowing, tilling, disking, herbicide application,
planting of crops or any form of development is permitted. However, standard best management
practices to develop and maintain integrity of the naturalization area over time, such as removal
of invasive species, are permitted.
"NON-CONFORMING" shall mean a use, building, structure or any part thereof which does not
conform or comply with the permitted uses and regulations of this By-law as of the date of the
passing thereof.
"NOXIOUS" means when used with reference to any use or activity in respect of any land,
building or structure or a use or activity which, from its nature or from the manner of carrying on
same, creates or is liable to create, by reason of destructive gas, liquid or solid effluent, fumes,
dust, objectionable odour, noise or vibration or unsightly storage of goods, wares, merchandise,
salvage, machinery parts, junk, waste or other material, a condition which may become
hazardous or injurious as regards health and safety or is a nuisance.
"NUISANCE" means any condition existing that is or may become injurious or dangerous to
health or that prevents or hinders or may prevent or hinder in any manner the suppression of
disease.
"NURSERY" means the use of land, buildings or structures or part thereof where trees, shrubs
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.
"NURSING HOME" means a dwelling or other building in which rooms or lodging are provided
for hire or pay in conjunction with the provision of meals, personal care, nursing services and
medical care and treatment, and includes a residential care facility and a temporary care facility,
but does not include a hospital, hotel, motel, group home, small or large rental dwelling unit or
multiple dwelling unit.
"OFFICE" means a room or suite of rooms designed, intended or used for the conduct of a
profession, occupation or business, but shall not include the office of a veterinarian, the retailing
of merchandise, the manufacturing, repairing or storage of goods or any place of assembly or
amusement.
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Comprehensive Zoning By-law
Approved December 14, 2009
"OIL AND GAS WELL" as defined by the Oil, Gas and Salt Resources Act, or successor
Legislation, means a hole in the ground, whether completely drilled or in the process of being
drilled, for the purpose of:
a)
the production of oil, gas or formation water, including the production of coal bed
methane but excluding the production of fresh water;
b)
the injection, storage and withdrawal of oil, gas, other hydrocarbons or other
approved substances in an underground geological formation;
c)
the disposal of oil field fluid in an underground geological formation;
d)
solution mining; or
e)
geological evaluation or testing rocks of Cambrian or more recent age.
"OIL AND GAS WORK" as defined by the Oil, Gas and Salt Resources Act, or successor
Legislation, means a well or any pipeline or other structure or equipment that is used in
association with a well as defined "Municipal Services".
"OPEN STORAGE" means the storage of raw materials, equipment, or other materials, but not
the parking or storage of vehicles, in an area of a lot which is not enclosed within a building or
structure.
"OPEN STORAGE AREA" means an area of a lot used for open storage purposes, but does not
include a parking lot.
"OUTDOOR DISPLAY AND SALES AREA" means an outdoor, covered or uncovered, to be
used in conjunction with a use or business, located on the same property in a permanent
building or structure, for the display or sale of fresh produce and new goods or merchandise or
the supply of services.
"OWNER" means a Person who, alone or with others, owns premises or would receive
installments of the purchase price of the premises if they were sold.
"PARK" means an area of land, consisting primarily of landscaped open space, used primarily
for active or passive recreational purposes or as a conservation area, with or without related
recreational buildings, structures or facilities including, but not necessarily restricted to, a
recreational playground, a play area, a bandstand, a skating rink, a bowling green, a tennis or
badminton court, a play-field, a running track, a swimming area, a wading pool, a boating pond
or lake, a watercourse, a campground, a refreshment booth, a picnic area, or an auditorium or
place of assembly.
a)
"PUBLIC PARK" means a park owned or controlled by a public agency.
b)
"PRIVATE PARK" means a park other than a public park, regardless of whether
or not such park is maintained or operated for gain or profit, but does not include
an amusement park.
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Approved December 14, 2009
"PARK MODEL TRAILER" 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".
"PARKING AISLE" means a portion of a parking area which abuts, on one or more parking
spaces to which it provides access, and which is not used for the parking of vehicles.
"PARKING AREA" means an area or areas of land or a building or structure, which is provided
and maintained for the purpose of temporary parking or storing of motor vehicles.
"PARKING LOT" means a lot which contains, and the main use of which is, a parking area,
whether or not such parking area is located within a structure.
"PARKING SPACE" means a portion of a parking area, exclusive of any aisles, to be used for
the parking of temporary storage of a motor vehicle.
"PERMITTED" means "permitted by this By-law."
"PERSON" means an individual, association, firm, partnership, corporation, trust, organization,
trustee or agent, and the heirs, executors or legal representatives of the person to whom the
context can apply according to law.
"PERSONAL SERVICE ESTABLISHMENT" means a building, or part thereof, in which persons
are employed in furnishing services and otherwise administering to the individual and personal
needs of persons, including but not necessarily restricted to, the premises of a barber,
hairdresser, beautician, masseur, tailor, dressmaker and shoemaker, but does not include a
massage or body-rub parlour or any adult entertainment establishment. The sale of
merchandise shall be permitted only as an accessory use to the personal service provided.
"PET SHOP" means a shop or place where animals or birds for use as a pet are sold or kept
for sale or groomed, but does not include a shop or place for the breeding or overnight boarding
of pets.
"PIT" means land or land under water from which unconsolidated aggregate is being or has
been excavated, and that has not been rehabilitated, but does not mean land or land under
water excavated for a building or structure on the excavation site or in relation to which an order
has been made under the Aggregate Resources Act, as amended from time to time but does
not include a wayside pit.
"PLANTING STRIP" means an area of landscaped open space located immediately adjacent to
a lot line or portion thereof and on which is situated one or more of the following screening
devices:
a)
a continuous row of trees
b)
a continuous hedge-row of evergreens or shrubs
c)
a berm
d)
a wall; or
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Comprehensive Zoning By-law
Approved December 14, 2009
e)
an opaque fence
arranged in such a way as to form a dense or opaque screen.
"POINT OF INTERSECTION" means the point at which street lines abutting a corner lot
intersect, or, if the street lines do not intersect at a point, then the point of intersection shall be
deemed to be the intersection of the projection of the street lines or the intersection of the
tangents of the street lines.
"PRINT SHOP" means an establishment for the commercial printing and/or photocopying of
printed materials.
"PRIVATE ROAD" means a right-of-way which has not been dedicated as a street or accepted
or assumed by the Corporation, but is owned privately, or a thoroughfare which has not been
accepted or assumed by the Corporation, existing on the day of passing of this by-law, and
which affords the principal means of access to abutting, separately owned, legally conveyable
parcels of land.
"PRIVATE SEASONAL CAMPING" means the use of parcel of land by the registered land
owner or his or her immediate family for camping purposes including one or all of the following,
a tent, travel trailer or recreational vehicle for a period not exceeding four months in a
consecutive 12-month period.
"PUBLIC STORAGE" means a building or part thereof used for the temporary storage of
household items and seasonal or recreational vehicles, boats, trailers, etc. and designed
primarily to accommodate those vehicles, boats, trailers, etc., which may not conveniently or
legally be parked or stored elsewhere. Public storage may also include a fenced open outdoor
storage compound for the storage of the above-noted items.
"PUBLIC USE", when used in reference to a building, structure, use or lot, means a building,
structure, use or lot used by a public agency to provide a service to the public. Public agencies
include:
a)
the Government of Canada, the Government of Ontario, or a municipal
corporation defined by this By-law;
b)
any ministry, department, commission, authority, board or agency established by
the Province of Ontario or Government of Canada;
c)
any public utility; or
d)
any railway company authorized under the Railway Act or successor Legislation.
"QUARRY" means land or land under water from which consolidated aggregate is being or has
been excavated, and that has not been rehabilitated, but does not mean land or land under
water excavated for a building or structure on the excavation site or in relation to which an order
has been made under the Aggregate Resources Act, as amended from time to time, but does
not include a wayside pit.
"RACE TRACK FACILITY" means the use of land, buildings or structures in combination with a
dirt, asphalt or concrete track surface for the purpose of the competitive racing of motor vehicles
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Approved December 14, 2009
either on-road or off-road vehicles including but not necessarily limited to automobiles, trucks,
motorcycles, go-karts but does not include a track for the racing of animals or dragsters as
defined by the National Hot Rod Association (NHRA) and may include the sale of food,
beverages and souvenirs accessory to the permitted use.
"RECREATIONAL VEHICLE" means a vehicle, portable structure, trailer or watercraft that can
be towed, hauled, carried on a vehicle or trailer, or driven. It is designed to be used for travel or
recreational purposes, and includes a motor home, travel trailer, fifth wheel trailer, tent trailer,
truck camper, boat, canoe, kayak, snowmobile, all-terrain vehicle, jet ski, or other similar
vehicle, but does not include a derelict vehicle. A trailer designed to carry an item listed above is
not a recreational vehicle.
"RENT" means the remuneration or the provision of services, or both, paid or required to be
paid by a tenant or lodger.
"RENTAL ESTABLISHMENT" means a place for the keeping for hire of machinery, equipment,
garments, appliances, trailers and vehicles.
"REQUIRED" means "required by this By-law".
"RESIDENTIAL", when used in reference to a building, structure or use, means any dwelling or
mobile home as defined herein or any accessory building, structure or use exclusively devoted
thereto.
a)
"NON-RESIDENTIAL", when used in reference to a building, structure or use,
means a building, structure or use other than a residential building, structure or
use.
b)
"RESIDENTIAL LOT" means a lot containing a residential use.
"RESIDENTIAL CARE FACILITY" means a residence for the accommodation of a minimum of
eleven (11) persons, exclusive of staff, in which the proprietor supplies for gain lodging, with or
without means and, if required, provides nursing, medical or similar care and treatment.
"RETAIL STORE" means a building or a structure, or part thereof, in which goods, wares,
merchandise, substances, foodstuffs, farm produce or articles are stored, offered or kept for
retail sale to the public, and includes the business premises of an auctioneer, where such
premised are used for the sale of merchandise by auction, but does not include a use otherwise
classified or defined in this by-law.
"RETAIL STORE - CONVENIENCE" means a retail store wherein items of a day to day
household nature are stored for sale, but not so as to limit the generality of the foregoing;
includes food, beverages, periodicals, or sundries and which may include the heating of food by
means of a microwave oven only but shall not include pinball machines and similar
entertainment devices.
"SALVAGE YARD" means an establishment where goods, wares, merchandise or articles are
processed for further use, and where such goods, wares, merchandise or articles are stored
wholly or partly in the open and includes a junk or scrap metal yard and an automobile wrecking
establishment.
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"SCHOOL" means an institution for education or instruction as defined in the Education Act or
the Ministry of Colleges and Universities Act, normally under the jurisdiction of a Board but may
also include a commercial school, adult secondary school, private elementary or private
secondary school or an educational establishment accessory to a permitted use.
a)
"ADULT SECONDARY SCHOOL" means a facility identified as a centre for
learning for persons who are mature students (not of compulsory school age),
attending to complete some or all of their secondary education.
b)
"COMMERCIAL SCHOOL" means a facility operated by one or more persons for
gain or profit including but not limited a truck driving school, vehicle driving
school, hair dressing school, business school, cooking school, dance school,
gymnastics school, martial arts school or trade school.
c)
"ELEMENTARY SCHOOL" means an institution under the jurisdiction of a school
Board, used primarily for the instruction of students receiving primary education,
with or without a day care use as a use accessory thereto.
d)
"POST-SECONDARY SCHOOL" means a university or college of applied arts
and technology established under the Ministry of Colleges and Universities Act.
e)
"PRIVATE SCHOOL" means an institution, other than an elementary school,
secondary school, adult secondary school, post-secondary school or a
commercial
school, under the jurisdiction of a private board of directors,
trustees or governors, a religious organization or a charitable institution, used
primarily for the instruction of students receiving primary and/or secondary
education.
f)
"SECONDARY SCHOOL" means an institution under the jurisdiction of a school
Board, used primarily for the instruction of students receiving secondary
education, with or without a day care use as a use accessory thereto.
"SERVICE OR REPAIR SHOP" means a building or part thereof used for the repair of
household articles, whether or not operated in conjunction with a retail store and includes radio,
television and appliance repair shops, but does not include industrial or manufacturing uses,
automobile repair shops, or any use otherwise classified or defined herein.
"SERVICE TRADE ESTABLISHMENT" 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 plumber's shop, a tinsmith's shop, a painter's shop, a
carpenter's shop, an electrician's shop, a welding shop, a blacksmith's shop, a merchandise
service shop, a battery storage and recharging shop, a well driller's establishment, a furrier's
shop, an upholsterer's shop, a catering establishment, an egg grading station, a machine shop,
or a monument engraving shop.
"SETBACK" means the shortest horizontal distance from a specified line or structure to the
nearest part of any building or structure on a lot.
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Approved December 14, 2009
"SEWAGE TREATMENT FACILITY" means land, buildings, structures and other devices used
for the reception, storage, treatment, and disposal of sanitary sewage and approved under the
Ontario Water Resources Act or successor legislation and may include a sewage lagoon but
does not include a private septic or communal sewage treatment system approved under the
Building Code Act or Ontario Clean Water Act or successor legislation.
"SHIPPING CONTAINER" means a pre-fabricated metal container having a floor, ceiling or
roof, walls, and door(s) that is designed for and used in the storage, packing or transport of
freight, articles, goods or commodities by ship, rail or truck. For the purpose of this definition, a
shipping container does not have wheels and does not include a motor vehicle or transport
trailer. For the purposes of this By-law, a shipping container shall be deemed to be an
accessory building when permanently located on a lot.
"SHOPPING CENTRE" means a group of non-residential uses predominantly retail commercial
in nature and designed, developed and managed as a unit by a single owner or tenant, or group
of owners or tenants as opposed to a business area comprising unrelated individual business
uses.
"SIGHT TRIANGLE" means the triangular space formed by the intersecting lot lines, at least
one of which is also a street line, of a lot located at an intersection of two or more streets or at
an intersection at grade of a street and a railway right-of-way, and a line drawn from a point in
one such lot line to a point in the other lot line, each such point being a specified distance from
the point of intersection of such lot lines measured along the said lot lines, provided that where
the said lot lines do not intersect at a point, the point of intersection thereof shall be deemed to
be the intersection of the projected tangents thereto, drawn through the extremities of the
interior lot lines.
"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 and which directs
attention to an object, product, place, activity, person, institute, organization or business.
"SOIL REMEDIATION FACILITY" means an open windrow waste processing facility in which
soil contaminated by petroleum products is bio-remediated through the application of patented
petroleum reducing biological material.
"SOLAR ENERGY SYSTEM" means a renewable electrical facility that produces power from
the sun using photovoltaic technology to provide all, or a portion of, the electrical power needs
for a user or to feed into the transmission or local grid. A solar energy system includes all
arrays, supporting infrastructure and outbuildings.
"STOOP OR DECK" means a roofless, unenclosed structure, with or without steps, consisting of
a platform and connecting to an exterior door on the ground floor of a dwelling, regardless of
whether or not a cellar or basement, or part thereof, is located underneath such structure.
"STOREY" means a horizontal division of a building from a floor to the ceiling directly above
such floor, and includes an attic, a basement or a cellar as defined herein, but does not include
any mezzanine, gallery, balcony or other overhang the floor area of which does not exceed 40%
of the least dimension of the room in which the said overhang is located.
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a)
"ATTIC" means the topmost usable storey of a building, situated wholly or partly
within a roof, where at least 50%, but not more than 66% of such storey is
greater than 2 m in height.
b)
"BASEMENT" means any storey below the first storey.
c)
"CELLAR" means a basement which is more than 60% below finished grade,
measured from finished floor to finished ceiling.
d)
"FIRST STOREY" or "GROUND FLOOR" means the storey having its floor level
closest to finished grade and its ceiling at least 2 m above finished grade.
e)
"SECOND STOREY" or "SECOND FLOOR" means the storey directly above the
first storey.
f)
"ONE-HALF STOREY" means that portion of a building situated wholly or partly
within the roof and in which there is sufficient space to provide a height between
finished floor and finished ceiling of at least 2.2 m over a floor area equal to at
least 50% of the area floor next below.
"STREET" means a public thoroughfare intended for vehicular and/or pedestrian traffic under
the jurisdiction of either the Corporation or the Province of Ontario, and includes any highway as
defined in the Public Transportation and Highway Improvement Act or the Municipal Act, or
successor Legislation, but does not include a lane or private right-of-way.
"STREET IMPROVED" means a street which has a granular surface, asphalt surface or
concrete surface within a public road allowance that has been assumed for public use.
"STREET LINE" means the dividing line between a lot and a road allowance limit.
"STRUCTURE" means anything constructed or erected, whether below or above grade, the use
of which requires location on or in the ground or attachment to something having a fixed location
on or in the ground, and includes walls, floors, signs, billboards and roofs but excludes fences
and swimming pools unless located adjacent to watercourses and drains as set forth in Section
4.0 of this By-law.
"STUDIO" means a building or part thereof used as the workplace of a photographer, craftsman
or artist or for the instruction of art, music, dancing, languages or similar disciplines.
"SUPERMARKET" means an establishment in which a balanced line of goods such as canned,
bottled, packaged and frozen foods, fresh meat and poultry, fish, fresh fruits and vegetables,
prepared food products, bakery products, dairy products, candy and confectionery and other
food products, soft drinks, tobacco products, health and beauty aids, housewares, flowers and
plants and other non-food articles may be sold. Services may also be offered for sale provided
they are subordinate to the main use.
"TANDEM PARKING" means a parking space that is only accessed by passing through
another parking space from a street, lane or driveway.
"TAVERN" means an establishment licensed under the Liquor License Act, where liquor, beer
and/or wine are served, with or without food.
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"TAXI ESTABLISHMENT" means a property, site or building used as a dispatch office or an
area, site or location intended for the parking of taxis when not engaged in transporting persons
or goods.
"TECHNICAL ERRORS" may include typographical, grammatical, spelling, section numbering,
metric conversion, transposition errors and minor mapping irregularities.
"TEMPORARY CARE FACILITY" means a building or part thereof for use as a facility for the
care or shelter of adults.'
"TENANT" means a person who rents and occupies space within a building or land.
"TOP OF BANK" means a line formed where the oblique plain of the slope meets the horizontal
plain as established by the applicable Conservation Authority.
"TOURIST ESTABLISHMENT" means any premises operated to provide sleeping
accommodation for the traveling public or sleeping accommodation for the use of the public
engaging in recreational activities, and includes the services and facilities in connection with
which sleeping accommodation is provided, but does not include:
i)
a camp operated by a charitable corporation approved under The Charitable
Institutions Act, or successor Legislation;
ii)
a summer camp within the meaning of the regulations made under The Public
Health Act, or successor Legislation; or
iii)
a club owned by its own members and operated without profit or gain.
"TRAILER" mean a vehicle that is at any time drawn upon a highway by a motor vehicle, except
an implement of husbandry, another motor vehicle or any device or apparatus not designed to
transport persons or property, temporarily drawn, propelled or moved upon such highway, and
except a side car attached to a motorcycle; which shall be considered a separate vehicle and
not part of the motor vehicle by which it is drawn, and, for the purposes of this By-law does not
include a mobile home dwelling as defined herein.
"TRAVEL TRAILER PARK" means a parcel of land providing overnight or short-term
accommodation for travel trailers, recreational vehicles, campers or tent trailers.
"TRAVEL TRAILER" means a vehicle so constructed that it is suitable for being attached to a
motor vehicle for the purpose of being drawn or propelled by the motor vehicle and capable of
being used as temporary living quarters of persons and which is designed, equipped or intended
for such temporary use.
"TRUCK TERMINAL" means premises used for the transfer of goods, primarily involving
loading and unloading of freight-carrying vehicles, and secondarily, involving the storing,
parking, servicing and dispatching of freight-carrying vehicles.
"UNIVERSAL TRANVERSE MERCATOR (UTM)" refers to the co-ordinate system which is a
grid-based method of specifying locations on the surface of the earth. For the purpose of this
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by-law, UTM co-ordinates listed within this by-law shall be based on the North American Datum
(NAD) 1983, Zone 17.
"USE" when used as a noun, means the purpose for which a lot or building or structure, or any
combination thereof, is designed, arranged, occupied or maintained; and when used as a verb,
"used" shall have a corresponding meaning.
"VEHICLE" means an automobile, truck, stake body truck, tractor and trailer, transport truck, all
terrain vehicle, snowmobile, motorcycle, boat, motor assisted bicycle, traction engine, farm
tractor, road-building machine, self-propelled implement of husbandry, and any other vehicle
propelled or driven other than by muscular power, but not including a railroad car or other motor
vehicle running only upon rails.
"VETERINARIAN" means a person registered under the provisions of the Veterinarians Act, or
successor Legislation.
"VISITATION CENTRE" means a building or part thereof for services for the commemorating of
the deceased for burial including visitation, but not including the preparation of the deceased for
burial.
"WAREHOUSE" means a building or part of a building used for the storage and distribution of
goods, wares, merchandise, substances, articles or things, and may include facilities for a
wholesale or retail commercial outlet.
"WASTE DISPOSAL SITE" means a place where garbage, refuse or domestic or industrial
waste, exclusive of liquid industrial waste, is disposed of or dumped, and, for the purposes of
this By-law, does not include a landfill.
"WASTE PROCESSING FACILITY" means land, buildings or structures in or upon which waste
is shredded, baled, pulverized, composted, separated or otherwise treated or altered to facilitate
its further transfer, processing, utilization, or disposal, and in accordance with a Certificate of
Approval issued by the Ontario Ministry of Environment where such certificate is required".
"WATERCOURSE" means a body of water, including a lake, or the natural channel for a
perennial or intermittent stream of water.
"WAYSIDE PIT AND QUARRIES; PORTABLE ASPHALT AND CONCRETE PLANT" means
wayside pits and quarries, portable asphalt plants and portable concrete plants opened and
used by a public road authority solely for the purpose of a particular project or contract for road
constructions and not located on the road right-of-way and shall be permitted, without the need
for an official plan amendment, rezoning or development permit under the Planning Act in all
areas, except those areas of existing development or particular environmental sensitivity, which
have been determined to be incompatible with extraction and associated activities. No
temporary portable asphalt plant may be situated closed than 304.8m (1,000 ft) from an
institutional or residential building. For the purpose of this definition, a public road authority
means the Ontario Ministry of Transportation and the Corporation.
"WHOLESALE ESTABLISHMENT" means any establishment that stores merchandise and
sells it to others for resale.
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Comprehensive Zoning By-law
Approved December 14, 2009
"WIND FARM" means a development that has been authorized under an Environmental
Assessment process of one or more wind turbines, together with any related appurtenances,
intended to provide electricity off-site for sale to an electrical utility, or other intermediaries.
"WIND TESTING TOWER" means a single structure erected on a temporary basis, normally not
exceeding one year, for the purpose of testing the potential wind strength for generating
electricity.
"WIND TURBINE" means a structure including a tower, nacelle, blades and related
appurtenances, designed, erected and maintained under the appropriate qualified supervision,
and used for the conversion of wind energy into electricity for sale to an electrical utility or other
intermediaries. The height of the wind turbine shall be measured from the highest point of the
tower, to the lowest grade elevation at the base of the tower.
"WIND TURBINE, ACCESSORY" means not more than one accessory structure including a
tower, nacelle, blades, and related appurtenances, designed, erected and maintained by
qualified personnel, used for the conversion of wind energy into electricity primarily for use on
site and having a nameplate capacity not exceeding 50 kilowatts.
"WOOD CHIPPING FACILITY" means a waste processing facility in which waste wood is
treated by uniformly reducing the waste to particles of controlled maximum size and may include
the staining or otherwise colouring of the wood chips and the short-term storage of the waste
wood and wood chips.
"YARD" means a space appurtenant to a building or structure, located on the same lot
therewith and which space is open, uncovered and unoccupied from the ground upward except
for such accessory buildings, structures or uses as are specifically permitted elsewhere in the
By-law.
a)
"YARD, FRONT" means a yard extending across the full width of the lot,
measured perpendicularly from the front line to the closest wall of any building or
structure on the said lot;
b)
"YARD, REAR" means a yard extending across the full width of a lot, measured
perpendicularly from the rear lot line to the closest wall of any building or
structure on the said lot;
c)
"YARD, SIDE" means a yard extending from the front yard or front lot line where
no front yard is provided, to the rear yard, or rear lot line where no rear yard is
provided, measured perpendicularly from the side lot line to the closest wall of
any building or structure on the said lot;
d)
"YARD, EXTERIOR SIDE" means a side yard immediately adjoining a street.
"ZONE" means an area delineated on a Zoning Map Schedule and established and designated
by this By-law for a specific use.
"ZONING ADMINISTRATOR" means the officer or employee of the Corporation for the time
being charged with the duty of enforcing the provisions of the Zoning By-law of the Corporation.
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"ZONE PROVISIONS" are the permissible uses or activities, the minimum area and dimensions
of lots, the minimum dimensions of yards, the maximum lot coverage, the minimum setback, the
minimum gross floor area, the minimum landscaped open space, the maximum height of
buildings, minimum parking area requirements, and all other standards and regulations of the
respective Zones as are set out within this By-law.
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Comprehensive Zoning By-law
Approved December 14, 2009
Section 4 - General Provisions for All Zones
4.1
Application
Unless otherwise provided, the provisions of this Section apply in all zones and no land,
building or structure shall be used and no building or structure shall be erected, altered,
located or enlarged except in conformity with the provisions of this section.
4.2
Accessory Uses
(1)
Accessory Uses Permitted in All Zones
Where this By-law permits a lot to be used or a building or structure to be erected
or used for a purpose, that purpose shall include any building, structure or use
accessory thereto, except that no accessory dwelling unit shall be permitted in
any zone other than a zone in which such use is specifically listed as a permitted
use.
(2)
Lot Coverage
The total lot coverage of all accessory buildings or structures on a lot shall not
exceed 10% of the lot area of the said lot.
(3)
Height Restrictions
No accessory building or structure in any zone other than an Agricultural Zone
shall exceed 6 m in height.
(4)
Yard Requirements
Any accessory building or structure shall comply with the zone requirements and
all other provisions hereof applicable to the zone in which such accessory
building or structure is located, except that such requirements shall not apply to
prevent the erection of:
(a)
a building or structure accessory to a single dwelling, anywhere in an
interior side yard or rear yard provided that such accessory building or
structure is located to the rear of the rear face of the dwelling, and
provided that such accessory building or structure is not located closer
than 0.6 m to any lot line, and in an exterior side yard, provided that the
setback is not closer than the setback required for the main building or
structure, and that the eaves shall not be closer than 0.3 m to the rear or
side lot line;
(b)
a detached garage or a detached carport may be constructed as an
accessory building or structure in the Side Yard - Interior of a lot, the use
of which is as a Dwelling - Single Detached or a Dwelling - Semi-
Detached, between the rear face and the front face of the dwelling,
provided that such accessory building or structure is not closer than 1.2 m
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Approved December 14, 2009
to the side lot line, and provided that the location of such accessory
building or structure complies with all other requirements of this By-law.
A garage or carport shall have a width of not less than 3.048 m and a
depth of not less than 5.48 m.
(c)
a gatehouse, anywhere in a front yard or exterior side yard in an Industrial
Zone;
(d)
a partially enclosed shelter for use by children while waiting for a school
bus, anywhere in a front or exterior side yard in an Agricultural Zone;
(e)
a swimming pool, in accordance with the provisions of Section 4.33 of this
By-law;
(f)
a boat house or boat dock at the edge of a watercourse; or
(g)
where a property abuts a lake, bay or canal one accessory building or
structure shall be permitted in the front yard provided that such accessory
building or structure is not located closer to the front property line than the
distance given by the required minimum front yard for the main building,
and 1 m to the side property.
(5)
Shipping Containers (Permanent)
The following regulations apply to the use of shipping containers as permanent
accessory buildings:
(a)
The placement of permanent shipping containers shall only be permitted as
an accessory use to a main permitted non-residential use on a property;
(b)
Despite Clause 4.2 (5) a), a permanent shipping container shall not be
located in a UC(CBD) Central Business District zone;
(c)
Permanent shipping containers shall be located in interior side yards and
rear yards only and must comply with all other regulations of the applicable
zone in which they are located, but in no circumstance shall a shipping
container be located closer than 0.6 m to any lot line;
(d)
The total lot coverage of all accessory buildings or structures on a lot shall
not exceed 10% of the lot area of the said lot;
(e)
No accessory building or structure in any zone other than an Agricultural
Zone shall exceed 5 m in height;
(f)
Permanent shipping containers shall not be stacked;
(g)
Unless elsewhere stated in this By-law, a permanent shipping container
shall not be located in a required parking area; and
(h)
A permanent shipping container shall not be placed or used for the purpose
of display or advertising.
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Comprehensive Zoning By-law
Approved December 14, 2009
(6)
Shipping Containers (Temporary)
The following regulations apply to shipping containers as a temporary use:
(a)
Notwithstanding any other provision of this By-law, a maximum of one (1)
shipping container shall temporarily be permitted to be located in a
driveway of a residential lot for the purpose of loading and unloading
household items during the process of moving, provided that it is removed
from the lot within thirty (30) consecutive days and no more than 60 total
days within a 365 day timeframe;
(b)
Notwithstanding any other provision of this By-law, a shipping container
shall temporarily be permitted on a non-residential property for the purpose
of temporary storage or the loading and unloading of items, provided that it
is removed from the lot within ninety (90) consecutive days and no more
than 120 total days within a 365 day timeframe. The day restriction does
not apply to industrial zones;
(c)
A temporary shipping container shall:
i.
not encroach onto a public sidewalk or municipal right-of-way;
ii.
not be located in a daylight corner; and
iii.
not be located closer than 0.6 m from any lot line.
(d)
Notwithstanding any other provision of this By-law, a temporary shipping
container is permitted on a construction site in any Zone being developed
on a stand-alone basis or under a plan of subdivision for the purposes of
temporary storage of equipment and materials incidental to construction
only, and subject to the following restrictions:
i.
not to exceed six (6) in number; and
ii. shall be removed from the site within thirty (30) days of completing the
work.
4.3
Bed and Breakfast Establishment
Notwithstanding any other provisions of this By-law to the contrary, a bed and breakfast
establishment shall be permitted within a dwelling in certain Zones identified in
Section 5.0 of this By-law. For the purposes of this By-law, a bed and breakfast
establishment shall mean a dwelling unit containing not more than five guest rooms.
The following provisions shall apply to regulate and govern such use, namely:
a)
that, notwithstanding any provision of Section 4 hereof to the contrary, the off-
street parking spaces associated with the bed and breakfast establishment may
be tandem parking provided that the number of spaces so arranged does not
exceed three;
b)
that such home occupation use does not include a liquor licensed premises or
other facilities for the servicing of alcoholic beverages to the general public;
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Approved December 14, 2009
c)
that such use complies with the Building Code Act, or successor Legislation, and
such other by-laws and regulations as may be applicable of the Municipality of
Chatham-Kent;
d)
that no portion of a guest room contains facilities for the preparation of meals;
e)
that all other applicable provisions of this By-law shall apply and be complied
with.
4.4
Commercial Activities in Enclosed Buildings
All of the operations of every commercial establishment shall be conducted within an
enclosed building or fenced yard or patio except for vehicle dealerships and vehicle
leasing establishments, service stations and gas bars, and areas for the parking and
loading of motor vehicles.
4.5
Derelict or Unlicensed Vehicles and Trailers
The use of land for the parking or storage of a derelict vehicle(s) that is not in an
operating condition and is discarded, rusted, deflated tires, wrecked or partly wrecked, or
is dismantled or partly dismantled shall be prohibited unless specifically permitted
elsewhere in this By-law, unless such vehicle is stored in an enclosed garage or an
enclosed accessory structure.
4.6
Dwelling Units
(1)
Location Within Non-Residential Building
Where a dwelling unit is located within or attached to a non-residential building,
such building and dwelling unit shall comply with the yard requirements of this
By-law which apply to the said non-residential building provided that any wall
containing a window of a habitable room shall be located not less than
1.2 m from any side lot line.
(2)
Dwelling Area Unit (Minimum)
Except as otherwise specified within a specific zone, the minimum dwelling unit
area for a Single Detached Dwelling, Semi-Detached Dwelling Unit or Row
House Dwelling Unit shall be 70 sq. m.
(3)
Dwelling Units Per Lot (Maximum)
There shall be only one dwelling permitted on a lot, except:
a)
in the case of a lot which contained more than one dwelling unit on the
date of passing of this By-law, in which case the maximum number of
dwelling units permitted on such lot shall be the number of legally existing
dwelling units on the said lot; and
b)
in a zone where more than one dwelling unit is specifically permitted
hereby.
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c)
where an Additional Dwelling is specifically permitted hereby.
(4)
Dwellings, Additional
Notwithstanding any other provisions of this By-law, the following provisions shall
apply to regulate and govern such use:
a) in the Residential Low Density (RL), Residential Medium Density (RM) Zone
or Urban Commercial (Office and Service) (UC(OS)), where municipal water
services and municipal sanitary sewer services are provided:
i.
Up to three Dwelling Units in a permitted Single Detached Dwelling,
Semi-Detached Dwelling Unit or Row House Dwelling Unit; or,
ii.
Up to two Dwelling Units in a permitted Single Detached Dwelling, Semi-
Detached Dwelling Unit or Row House Dwelling Unit, and a maximum of
one dwelling unit within an accessory building ancillary to the foregoing
dwelling types;
b) in the Rural Residential (RR), Estate Residential (ER), Village Residential (VR)
or Recreational and Lakeside Residential (RLR) zone, where municipal water
service is provided:
i.
Up to two Dwelling Units in a permitted Single Detached Dwelling or
Semi-Detached Dwelling Unit; or,
ii.
One Dwelling Unit in a permitted Single Detached Dwelling or Semi-
Detached Dwelling Unit and a maximum of one dwelling unit within an
accessory building ancillary to the foregoing dwelling types;
c) in an Agricultural (A1) zone:
i.
Up to two Dwelling Units in a permitted Single Detached Dwelling.
4.7
Flood Proofing and Flood Fringe
The areas subject to flood proofing requirements are shown on Schedule "F". The
following provisions apply to the areas so delineated:
a)
in all zones the elevation of any part of any habitable room in a dwelling or
dwelling unit erected hereafter or in an addition or renovation made hereafter to
an existing dwelling or non-residential building shall be as determined and
approved by the relevant Conservation Authority;
b)
in all Residential, Institutional and Agricultural Zones, the elevation of any
exterior building opening to a habitable room in a dwelling or dwelling unit
erected hereafter or in addition or renovation made hereafter to an existing
dwelling or non-residential building shall be as determined and approved by the
relevant Conservation Authority;
c)
in all Industrial and Open Space Zones, the elevation of any non-residential
building erected hereafter or addition or renovation to an existing non-residential
Municipality of Chatham-Kent
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building shall be as determined and approved by the relevant Conservation
Authority;
d)
in all Residential, Institutional and Commercial Zones, the elevation of any
mechanical, electrical or heating equipment in a building erected hereafter or in
an addition or renovation to an existing building shall be as determined and
approved by the relevant Conservation Authority;
e)
in all Commercial Zones, the elevation of any exterior window or doors in a
building erected hereafter or in addition or renovation to an existing building shall
be as determined and approved by the relevant Conservation Authority.
4.8
Full Services
Unless otherwise permitted in this By-law, each dwelling containing two or more dwelling
units, including a residential care facility and a group home dwelling, shall be required to
have full services.
4.9
Frontage on A Public Street
Unless otherwise permitted in this By-law, no person shall erect any building or structure
in any zone unless the lot upon which such building or structure is to be erected fronts
upon a public street which is an improved street. Notwithstanding this provision, a
permitted building or structure may be located on a lot on an island or area of water
access only within a Seasonal Residential (SR) Zone where the lot does not have
frontage on a public street and a permitted single-family dwelling located on an existing
lot on an existing private road within an Estate Residential (ER), Seasonal Residential
(SR), Recreational and Lakeside Residential (RLR) and Agricultural (A1) Zones.
4.10
Greenhouse Farms (Large-Scale)
Large-Scale Greenhouse Farms shall be permitted in an Agricultural Zone (A1) as
identified in Section 5.0 of this By-law subject to the following regulations:
a)
Large-Scale Greenhouse Farm Regulations for all buildings and structures:
i)
lot frontage (minimum) - 120 m
ii)
front yard (minimum) - 30 m
iii)
side yard (minimum) - 15 m or 30 m from the nearest dwelling on a
separate lot, whichever is greater
iv)
rear yard (minimum) - 15 m or 30 m from the nearest dwelling on a
separate lot, whichever is greater
v)
lot coverage (maximum) - 80%.
Notwithstanding (a) (iii), (iv) and (v), the setback for all large-scale greenhouse
farm building and structures from:
1) All Residential Low Density (RL), Residential Medium Density (RM), and
Residential High Density (RH) zones as set out in Section 5.0 of this By-law
shall be 1,500 m.
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Approved December 14, 2009
2) All other Residential and Deferred Development Zones, as set out in Section
5.0 of this By-law shall be 300 m.
b)
Greenhouse Farm Employee Accommodation - maximum capacity of 2.5
employees per acre of greenhouse.
c)
Packing, Shipping, Loading Facilities - 15 m minimum setback from all lot lines
or 30 m from the nearest dwelling on a separate lot, whichever is greater.
d)
Driveways - 7.5 m minimum setback from any side or rear lot line.
e)
Parking Areas - 7.5 m minimum setback from all lot lines.
f)
Parking and Loading Regulations - no requirements.
g)
Storm Water Management Ponds
i)
7.5 m minimum setback from all lot lines or 30 m from the nearest
dwelling on a separate lot, whichever is greater.
ii)
10 m minimum setback between the top of bank of a municipal drain and
the top of bank of a stormwater management pond.
h)
Outdoor Water Reservoirs - 7.5 m minimum setback from all lot lines or 30 m
from the nearest dwelling on a separate lot, whichever is greater.
i)
Waste Management Facilities - 7.5 m minimum setback from all lot lines or 30 m
from the nearest dwelling on a separate lot, whichever is greater.
4.11
Group Homes
Group Homes
Group Homes shall be permitted in certain Zones identified Section 5.0 of this By-law
or in any Special Zones under those same Zone Categories.
4.12
Height Restriction Exceptions
The regulations prescribing the maximum height of any building or structure shall not, in
any zone, apply to flag poles, radio or television receiving or transmitting equipment,
grain elevators, windmills, farm silos or barns, church spires, belfries, cupolas, towers or
domes not used for human occupancy, chimneys, smoke stacks, ventilators, skylights,
water tanks, bulk heads, firewalls, heliports and similar features and necessary
mechanical appurtenances accessory to the building on which they are erected,
provided however, that such features are erected only to such heights as is necessary to
accomplish their purpose.
4.13
Holding Zones
a)
Any parcel or area of land in any Zone may be further classified as a Holding
Zone with the addition of the prefix "H".
b)
Wherever in this By-law a zone on Schedule "A" is preceded by the use of the
prefix "H", the provisions of the Planning Act, 1990, Chapter P13 R.S.O., Section
36, or successor Legislation, shall apply to the removal of the prefix "H". Until
such time as an amending By-law becomes effective, the uses permitted in the
Municipality of Chatham-Kent
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zone preceded by the prefix "H" shall be limited to those lawfully existing on the
effective date of this By-law.
4.14
Homes Industries
A home industry shall only be permitted in an Agricultural zone, in conjunction with a
single detached dwelling in an accessory building in accordance with the following
provisions:
a)
not more than two on-site employees, not including those residing on the
premises, shall be engaged in such home industry;
b)
such home industry is clearly secondary to the main residential use and does not
change the residential character of the dwelling or accessory buildings;
c)
no building or structure used for a home industry shall be erected, altered,
renovated or used in a manner that precludes its use for purely agricultural
purposes or a use accessory to a residential use;
d)
any equipment or machinery used or produced in the conduct of a home industry
shall be of a small scale;
e)
not more than one accessory building with a maximum of 300 sq. m of gross floor
area may be used for the purpose of the home industry;
f)
such home industry does not create or become a nuisance, particularly in regard
to noise, noxious odours, wastes, emissions of smoke, traffic or parking;
g)
such home industry does not interfere with television or radio reception in the
vicinity;
h)
there shall be no open storage of goods or materials;
i)
one unlit sign indicating the name and business of the occupant not exceeding
0.4 sq. m in area shall be permitted;
j)
no use shall be permitted which would result in a commercial vehicle being
parked or stored on an adjacent street except for temporary parking to permit
normal pick-up and delivery.
4.15
Home Occupations
A home occupation shall be permitted in any zone in a single-detached dwelling or a
semi-detached dwelling unit in accordance with the following provisions:
a)
not more than two on-site employees, including those residing on the premises,
shall be engaged in such home occupation;
b)
such home occupation is clearly secondary to the main residential use and does
not change the residential character of the dwelling or lot in any manner visible
off the property;
c)
such home occupation does not create or become a nuisance, particularly in
regard to noise, noxious odours, wastes, emissions of smoke, traffic or parking;
Municipality of Chatham-Kent
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Approved December 14, 2009
d)
such home occupation does not interfere with television or radio reception in the
vicinity;
e)
a home occupation may include a licenced home child care for six children or
less, or an unlicensed home child care for five children or less;
f)
not more than 25% of the gross floor area of the dwelling to a maximum of
55.75 sq. m shall be used for such use, but does not apply to a home child care;
g)
the home occupation shall not be conducted within an accessory building or a
garage;
h)
there shall be no outdoor storage of goods or materials;
i)
no use shall be permitted which would result in a commercial vehicle being
parked or stored on an adjacent street except for temporary parking to permit
normal pick-up and delivery;
j)
one unlit sign indicating the name and business of the occupant not exceeding
0.4 sq. m in area shall be permitted;
4.16
Kennel
Kennels shall be permitted in any Agricultural Zone as identified in Section 5.0 of this By-
law provided that no part of a kennel shall be permitted closer than 200 m to any existing
dwelling on a lot other than the lot on which such kennel is located.
4.17
Landscaping
(1)
Landscaped Open Space
Landscaped open space shall be provided in accordance with the zone
provisions set out herein for each zone and the following general provisions:
a)
any part of a lot which is not occupied by buildings, structures, parking
areas, loading spaces, driveways, excavations or permitted outdoor
storage areas shall be maintained as landscaped open space, except that
this provision shall not apply to any agricultural use;
b)
except as otherwise specifically provided herein, no part of any required
front yard or required exterior side yard shall be used for any purpose
other than landscaped open space
c)
where landscaped open space of any kind, including a planting strip, is
required adjacent to any lot line or elsewhere on a lot, nothing in this By-
law shall apply to prevent such landscaped open space from being
traversed by pedestrian walkways or permitted driveways;
d)
no part of any driveway, parking area, loading space, roof-top terrace,
balcony, swimming pool or space enclosed within a building, other than a
landscaped area located above an underground parking area, shall be
considered part of the landscaped open space on a lot.
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Approved December 14, 2009
(2)
Plantings
a)
where the lot line of a lot containing a non-residential use and located in a
Commercial Zone or an Industrial Zone abuts a lot in a Residential Zone,
or abuts a street on the opposite side of which is located a lot in a
Residential Zone, than that part of the lot containing such non-residential
use directly adjoining the said lot line shall be used for no purpose other
than a planting strip having a minimum width of 3 m, measured
perpendicularly to the said lot line;
b)
where a fence, a wall, a row of trees or a hedgerow is provided as part of
a planting strip required by this By-law, such fence, wall, row of trees or
hedgerow shall be designed to have an ultimate height of not less than
1.5 m above the elevation of the ground at the nearest lot line, except that
within a sight triangle the maximum height of such landscaping materials
shall be 0.6 m;
c)
where a planting strip required hereby is traversed by a pedestrian
walkway or by a driveway, in accordance with Paragraph (c) of clause (1)
of this Subsection, such planting strip shall not be required to extend
closer than 1 m to the edge of such walkway or 3 m closer to the edge of
such driveway, provided that any intervening space between the said
planting strip and the said walkway is maintained as landscaped open
space.
4.18
Lighting
Lighting fixtures designed to provide exterior illumination on any lot shall be installed with
the light directed or deflected away from adjacent lots, buildings and streets and in such
a manner as to not confuse persons driving vehicles on such streets.
4.19
Loading and Parking
a)
Every building or structure intended or designed to be used for the manufacture or
storage or for goods received for display and which has an aggregate gross floor area of
92.9 sq. m or more arranged, intended or designed for such use, shall be provided with
vehicular loading spaces with access from a public street by way of a driveway or
parking aisle. Each loading space shall be a minimum of 3.048 m in width by 12.17 m in
length and having a minimum height of 4.27 m and the number of such loading spaces
shall be provided in conformity with the following provisions:
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
GROSS FLOOR AREA
NUMBER OF LOADING
SPACES REQUIRED
OVER
UP TO AND INCLUDING
92.9
sq. m
2,322.5
sq. m
one
(1)
2,322.6
sq. m
3,716.0
sq. m
two
(2)
3,716.1
sq. m
9,290.0
sq. m
three
(3)
9,290.1
sq. m
14,864.1
sq. m
four
(4)
14,864.1
sq. m
22,296.1
sq. m
five
(5)
22,296.1
sq. m
29,728.1
sq. m
six
(6)
29,728.1
sq. m
37,160.1
sq. m
seven
(7)
37,160.0
sq. m
45,521.1
sq. m
eight
(8)
For each additional 8361 sq. m over 45,521.1 sq. m, one additional loading space is
required.
b)
Off-Street Parking Intensification
No building or structure shall be erected, structurally altered, varied, changed or
enlarged unless off-street parking is provided in accordance with the following
and other requirements hereinafter set forth. Without limiting the generality of the
foregoing, when the intensity of use of any building or structure is increased
through the addition of dwelling units, gross floor area, seating capacity, or
whenever the existing use of a building or structure is changed to a new use, off-
street parking spaces for such intensified or new use shall be provided for the
whole building or structure in accordance with the following requirements and in
accordance with the other requirements hereinafter set forth.
c)
Minimum Parking Space
A parking space shall have a minimum area of 16.72 sq. m, a minimum width of
2.59 m and a maximum width of 3.29 m
d)
Notwithstanding Subsection (c) where the principal access to a parking space is
provided on the longest dimension of such parking space, the parking space
shall have minimum rectangular dimensions of 2.4 m in width by 6.7 m in length.
e)
Bus Parking
A bus parking space shall have a minimum width of 3.05 m and a minimum
length of 12.2 m
f)
Off-Street Parking
Except as herein provided, all required parking spaces shall be provided on the
same lot and in the same zone as the use, building or structure for which such
spaces are required. A use within a Commercial, Industrial or Institutional Zone
Classification shall be deemed to comply with the off-street parking provisions of
this By-law if the parking spaces required are provided in part, or whole, on land
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Approved December 14, 2009
or a lot which is not in a Residential Zone Classification, but is located within
152.4 m and held in the same ownership, provided all other provisions of this By-
law are complied with. Title to both properties must be held by the same person
and there must be registered on title an agreement with the municipality to the
effect that both properties will remain in the same ownership until such time as
relief from the off-street parking requirement occurs.
g)
Notwithstanding the off-street parking provisions of this By-law, permitted office,
residential, institutional uses, banks/financial institutions, retail stores, including
retail convenience stores, eating establishments (excluding takeout and drive-in)
and taverns, that are located in buildings and structures in existence at the date
of passing of this By-law, located in the "Parking Exempt Areas" delineated on
Schedule "D" to this By-law shall be exempt from the off street parking provisions
of this By-law. All buildings and structures located in the areas delineated on
Schedule "D" to this By-law constructed after the passage of this By-law
containing permitted office, residential, and institutional uses, irrespective of size
or area; and, retail stores, including retail convenience stores, eating
establishments (excluding take-out and drive-in) and taverns in excess of
93.2 sq. m, shall be subject to the off-street parking provisions of this By-law.
h)
Parking Aisle
A parking aisle shall have a minimum unobstructed width of 6.1 m for two-way
movement and 4.27 m for one-way movement.
i)
Parking Space
A parking space, on one full dimension thereof, shall abut either an access
driveway or a parking aisle.
j)
Access to Parking
Access to parking area shall be provided from an improved street or improved
lane by means of one or more unobstructed driveways not exceeding 9 m in
width and having a minimum width of 4.27 m for one-way movement and a
minimum width of 6.1 m for two-way movements.
k)
Notwithstanding Subsection (k), the minimum width for a driveway for two-way
movement shall be 4.27 m when the driveway provides access to a parking area,
which contains 10 or fewer parking spaces.
l)
Driveways
Each parking aisle shall have access to an improved street or improved lane by
means of a driveway or a series of parking aisles, one of which has access to an
improved street or improved lane such that each parking space shall have
unobstructed access to and from an improved street or improved lane.
m)
Driveway Widths shall be as follows:
i)
Dwelling - Single Detached - Maximum Driveway Width - 7.3 m
ii)
Dwelling - Semi Detached - Maximum Driveway Width - 7.3 m
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No driveway or outdoor parking area shall be located within 3.048 m of the main
building when the main building is an apartment dwelling or a row dwelling.
All driveways, parking aisles, parking areas and parking spaces located within an
RL, RM, RH, UC, M1, M4, M5 and I Zone, shall be improved with a granular base
and either a concrete surface or asphalt surface.
n)
Gates
Nothing herein shall prohibit the obstruction of a driveway by gate, a temporary
barrier or a similar obstruction used solely to control or restrict access to the said
driveway and designed to be easily raised, swing aside or otherwise opened or
removed when necessary to permit the passage of a vehicle.
o)
Minimum Intersection Angles
The minimum angle of intersection between a driveway and a street line shall be
60º and the maximum angle shall be 120º.
p)
Kiosk
Nothing herein shall prevent the erection of a shelter in a parking area for use
solely by a parking attendant provided such shelter is not more than 4.57 m in
height and has a gross floor area of not more than 4.645 sq. m
q)
Parking in the Front Yard Setback
Notwithstanding Section 4.17.1 b) the owner or occupant of any lot, building or
structure in any Residential Zone may use the front yard for the parking of a
passenger vehicle, van or pickup truck provided that vehicle access to the side
yard or rear yard is obstructed by a permanent structure other than a fence, no
driveway leading to a legal parking space exists, and the minimum distance
between the front lot line and the front face of the dwelling on the lot is at least 6
m, with no intervening obstructions.
Parking under this section shall be in accordance with the following provisions:
i)
the driveway and parking area shall not occupy more than 40% of the
width of the lot on which the parking area is located to a maximum of
6 m
ii)
Notwithstanding Section 4.17 b) the owner or occupant of any lot, building
or structure in any Residential Zone may park on a driveway that leads to
a legal parking space within the limits of the property.
iii)
Notwithstanding Section 4.17.1 b), parking may be permitted in the front
yard in any non-residential zone in accordance with the following
provisions:
a. the parking area shall be no closer than 3.048 m the front lot line
b. vehicles shall not obstruct the view of a driver existing from a driveway
on an adjacent property.
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Approved December 14, 2009
iv)
the driveway and parking area shall be improved with a granular base,
and either a concrete surface or asphalt surface
v)
a curb cut permit shall be obtained from the Municipality
vi)
the parking area in the front yard of a corner lot shall be located adjacent
to the side property line, and the parking area in the exterior side yard of
a corner lot shall be located to the rear of the dwelling on the lot
vii)
vehicles shall not obstruct the view of a driver exiting from a driveway on
an adjacent property
r)
Off-Street Parking Requirements
The minimum number of required off-street parking spaces shall be calculated on
the basis of the following uses listed hereunder for which the minimum parking
space requirement shall be as set out hereunder. In computing the requirement,
no regard shall be had for any fraction or part of a whole number. Where uses
are combined on one property, the total parking space requirement shall be
calculated by adding the individual requirements of each independent use.
PERMITTED USE
MINIMUM PARKING SPACE REQUIREMENT
Adult Secondary School
One space per staff member plus one space per 5
students, maximum capacity
Automobile Repair Shop
Three spaces per service bay or eight spaces,
whichever is the greater.
Bank/Financial Institution
One space per 18.58 sq. m gross leasable floor
area or 10 spaces, whichever is the greater.
Bed and Breakfast
One space per guest room.
Beer / Liquor Store
Twenty spaces.
Bus Depot
One bus parking space per bus arriving or
departing within 10 minutes of another bus, plus
10 transient parking spaces.
Call Centre
One space per 23.2 sq. m gross leasable floor
area.
Car Wash, Automatic/Manual
Twelve vehicle standing spaces where washing is
done by machines or employees and three vehicle
standing spaces for each area where washing is
done by a coin operated washing apparatus,
together with four parking spaces on the lot.
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
PERMITTED USE
MINIMUM PARKING SPACE REQUIREMENT
Church
One space per seven seats or 3.048 lineal m of
pew space; if no seats or pews, one parking space
per 5.57 sq. m of public floor area in either the
nave or other open assembly area, whichever is
the greater.
Clinic
Six spaces per practitioner.
Club, Private
Commercial Entertainment and
Recreational Establishment,
Assembly Hall
One space per 4.64 sq. m of public floor area or
one space per five persons maximum capacity,
whichever is the greater.
Commercial School
One space per staff member plus one space per
five students.
Cultural Facility
One space per 23.22 sq. m gross floor area or 15
spaces, whichever is the greater.
Day Nursery
Two spaces per 10 students.
Dwelling - One to eight (8)
dwelling units per building
One space per dwelling unit.
Dwelling - more than eight (8)
dwelling units per building.
One and one-quarter spaces per dwelling unit.
Eating Establishment
One space per 4.64 sq. m public floor area or 10
spaces, whichever is the greater.
Eating Establishment, Take-out
One space per 2.3 sq. m public floor area or 10
spaces, whichever is the greater.
Elementary School or Private
Elementary School
One space per staff member.
Funeral Home
One space per four seats total capacity or 20
spaces, whichever is the greater.
Furniture Store
One space per 92.9 sq. m leasable floor area.
Gas Bar
Two spaces.
Group Home Dwelling
Two spaces, plus one space per four beds.
Hospital
One space per two beds plus one space per four
employees.
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
PERMITTED USE
MINIMUM PARKING SPACE REQUIREMENT
Hotel/Motel
One space per guest room plus one space per
9.29 sq. m public dining area.
Industrial Mall
One space per 18.58 sq. m gross leasable floor
area.
Industrial Use
Two spaces per three employees (maximum
enrollment) or one space per 18.59 sq. m floor
area used for office plus one space per
74.32 sq. m floor area of industrial use plus one
space per 929 sq. m floor area of warehouse,
whichever is greater.
Mixed Use Commercial/
Residential Building
The total of the individual requirements for each
non-residential use and dwelling use.
Nursing Home
One space per five beds, plus one space per four
employees.
Office
One space per 27.87 sq. m gross leasable floor
area or six spaces, whichever is the greater.
Personal Service Establishment
One space per 9.29 sq. m gross floor area.
Post-Secondary School
One space per staff member plus one space per
five students.
Retail Store and Retail Store -
Convenience
One space per 27.87 sq. m gross leasable floor
area or five spaces, whichever is the greater.
Secondary School or Private
Secondary School
One space per staff member plus one space per
20 students, maximum capacity.
Senior Citizen Dwelling
One space for each three dwelling units. A
minimum of 25% of the spaces provided shall be
set aside for and visually identified as visitors'
parking.
Shopping Centre
One space per 18.58 sq. m gross leasable floor
area.
Sports Field
Twenty spaces per playing field.
Stadium
One space per five seats or 2.18 lineal m of
seating space.
Tavern
One space per 4.65 sq. m gross floor area of
public floor area.
Municipality of Chatham-Kent
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Comprehensive Zoning By-law
Approved December 14, 2009
PERMITTED USE
MINIMUM PARKING SPACE REQUIREMENT
Taxi Establishment
One space per taxi.
Warehouse
One space per 929 sq. m
Any use not specified in this
Section
One space per 27.87 sq. m gross leasable floor
area.
s)
Accessible Parking
In addition to the parking requirements in Section 4.19 (r), accessible off-street
parking shall be provided in accordance with the Accessibility for Ontarians with
Disabilities Act, 2005, S.O. 2005 c. 11, or successor legislation.
t)
Parking of Commercial Vehicles in Residential Zones
No outside parking or storing shall be permitted in a Residential (RL, RM, RH,
ER, MH, VR, RLR or SR) Zone of:
i) Any vehicle exceeding the registered gross vehicle weight of 4,000 kg or the
overall length of 6.1 m, or the overall height of 2.6 m
ii) Any vehicle equipped with a stake body, or
iii) Any vehicle, trailer or any other load, including a boat, whether on or off a
trailer or other supporting device, exceeding a combined height of 3.66 m
iv) Notwithstanding 4.19(u) i), ii) or iii) a vehicle not exceeding 4000 kg
registered gross vehicle weight, may be parked or stored outside of a building
on a lot in a Residential (RL, RM, RH, ER, MH, VR, RLR or SR) zone for a
period of time not longer than necessary for the loading or unloading of such
vehicle or longer than such vehicle is required in connection with the
performance of any service for the occupant of such lot.
u)
Parking of Recreational Vehicles in Residential Zones
The parking of any recreational vehicle is prohibited in all residential zones
except Residential (RL, RM, RR, ER, VR or RLR) zones in accordance with the
following;
i) The total number of recreational vehicles parked in a front yard shall not
exceed two.
ii) The total number of recreational vehicles parked in an interior side yard
behind the front face of the dwelling, or in a rear yard shall not exceed two.
iii) There is no limit to the number of recreational vehicles parked in an enclosed
building.
Municipality of Chatham-Kent
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Approved December 14, 2009
iv) A recreational vehicle may be parked in the front yard in a legal parking stall.
A legal front yard parking stall is on a driveway that leads to an attached
garage, carport or parking pad located in the interior side or rear yard.
v) The parking of a recreational vehicle on the lawn or other areas of the front
yard is prohibited.
vi) From October 30 to April 1, motor homes, travel trailers, fifth wheel trailers
and boats are prohibited everywhere in the front yard, including driveways
and legal front yard parking stalls. This does not apply to tent trailers, truck
campers, canoes, kayaks, snowmobiles, all-terrain vehicles, jet skis, or trailer
designed to carry one of these items.
vii) Recreational vehicles shall be parked a minimum of 2 m away from the edge
of the municipal sidewalk, or 2 m from the edge of the curb where there is no
sidewalk, or 2 m from the edge of the travelled portion of the road where
there is no curb or sidewalk. The 2 m shall be measured from the edge of the
sidewalk, curb or travelled portion of the road that is closest to the property
line of the lot.
4.20
Minimum Distance Separation (MDS)
a)
Notwithstanding any other yard or setback provisions of this By-law to the
contrary, no residential use located on a separate lot and otherwise permitted by
this By-law, shall be established and no building or structure for such use shall
be erected or altered except in accordance with the requirements of the Minimum
Distance Separation I (MDSI) Formulae as established by the Province and
implemented under the guidelines established by the Province, as amended from
time-to-time. The foregoing shall not apply to the alteration of an existing dwelling
or the replacement of an existing dwelling with a new dwelling provided the new
dwelling is situated no closer to a livestock building or structure or manure
storage facility situated on a separate lot than the dwelling being altered or
replaced.
b)
Notwithstanding any other yard or setback provisions of this By-law to the
contrary, no livestock facility or manure storage facility shall be erected or
expanded except in accordance with the requirements of the Minimum Distance
Separation (MDSII) Formulae as established by the Province and implemented
under the guidelines established by the Province, as amended from time-to-time.
c)
The requirements of subsections (a) and (b) shall not be required between a
livestock facility and a dwelling or accessory building on the same lot.
d)
This Section shall not apply and separation shall not be required from an
abandoned cemetery, a public utility, a waste disposal site or a pit quarry.
4.21
More than One Zone
a)
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.
b)
Notwithstanding anything to the contrary in Subsection (a), where the use or
uses of a lot divided into two or more zones are permitted in all such zones, the
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said lot shall be considered to be a single lot as defined herein and the highest or
most restrictive zone requirements pertaining to such use or uses in all the said
zones shall apply throughout the said lot.
4.22
Non-Conforming Uses and Buildings
a)
Continuation of Existing Uses
Nothing in this By-law shall apply to prevent the use of any land, building or
structure for any purpose prohibited by this By-law if such land, building or
structure was lawfully used for such purpose on the day of the passing of this By-
law, so long as it continues to be used for that purpose.
b)
Building Permit Issued
Nothing in this By-law shall apply to prevent the erection or use for a purpose
prohibited by this By-law of any building or structure the plans for which have,
prior to the day of the passing of this By-law, been approved by the Building
Inspector, so long as the building or structure when erected is used and
continues to be used for the purpose for which it was erected and provided the
erection of such building or structure is commenced within six months after the
day of the passing of this By-law and such building or structure is completed
within a reasonable time after the erection thereof is commenced.
c)
Strengthening, Repair or Renovation of Non-Conforming Buildings
Nothing in this By-law shall apply to prevent the strengthening to a safe condition
of any building or structure of part of any such building or structure which does
not comply with the provisions of this By-law, provided such alteration or repair
does not increase the height, size or volume or change the use of such building
or structure.
d)
Change in Use, Extension or Enlargement
No change in use or the extension or enlargement of a non-conforming building
or structure shall be permitted except as may be allowed under the provisions of
The Planning Act, or successor Legislation, following an application to the
Committee of Adjustment. In reviewing such application the Committee will have
regard for the provisions of The Planning Act and the policies of the Official Plan.
e)
Discontinued Non-Conforming Use
Where a use, building or structure which was lawfully established prior to the day
of the passing of this By-law has been used for a purpose not permitted in the
zone in which it is situated but the said use has been discontinued, the said
building or structure may only be used for a use that conforms to this By-law.
f)
Replacement of Non-Conforming Buildings or Structures
Where a building or structure has been purposely demolished or accidentally
destroyed and more than six months has lapsed, and which building or structure
does not conform with the requirements of this By-law in respect to use, lot
occupancy or height, such building or structure shall not be replaced except as
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permitted by the regulations of the zone in which the said building or structure is
located.
4.23
Non-Complying Uses and Buildings
Where a use, building or structure was legally established prior to the date of the
passing of this By-law, and is permitted by the provisions of the zone in which such use,
building or structure is located, but does not meet the zone provisions with respect to
yards, lot area, frontage, parking, setback height or any other provisions of this By-law
applicable to that zone, the said building or structure shall be deemed to comply with the
By-law and may be enlarged, extended, reconstructed, repaired, or renovated provided
that:
a)
the enlargement, extension, reconstruction, repair or renovation does not further
reduce the compliance of that use, building or structure, with the provisions of the
By-law to which it does not comply; and
b)
all other applicable provisions of this By-law are complied with.
4.24
Occupancy of Incomplete Building
No new building or structure intended for human occupancy or use shall be occupied
except in accordance with the Building Code Act or successor legislation.
4.25
Open Storage Regulations
4.25.1 Minimum Setbacks
The minimum setback from any side or rear lot line of any permitted open
storage in any zone shall be no less than the respective minimum side or rear
yard of the zone in which the said open storage is located unless otherwise
specified hereinafter.
No open storage is permitted in any front or exterior side yard except where
permitted as an outdoor display of goods and materials in conjunction with a
permitted industrial or a commercial use but not closer than 3 m to any lot line or
as otherwise specifically specified in this By-law and under no circumstances
shall open storage be permitted in a site visibility triangle.
4.25.2 Surface Treatment
Any permitted open storage area, or vehicular access thereto, involving storage,
parking or display or any primary means of vehicular access to any permitted
open storage area, shall be constructed and maintained with a stable surface of
asphalt, cement, gravel or crushed stone with dust control, and drained in
accordance with the requirements of the Corporation.
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4.25.3 Parking and Loading Spaces to be Preserved
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 or loading spaces.
4.26
Reconstruction of Existing Building
Nothing in this By-law shall prevent the repair or reconstruction arising from destruction
through natural causes of any building or structure existing and lawfully used as of the
date of passage of this By-law, provided that the dimensions of the original building or
structure are not increased, the use thereof is not altered and the location on the land is
not varied so as to be situate closer to a lot line.
4.27
Reduction of Lot Area and Undersized Lots
a)
No lot shall be reduced in any area or any other applicable standard reduced
below the minimum required in this By-law, unless the lands are conveyed to or
expropriated by a body having the power of expropriation.
b)
Where a lot having a lesser lot area and/or lot frontage than is required herein is
held under distinct and separate ownership from abutting lots as by a registered
conveyance in the records of the Registry Office for the Municipality of Chatham-
Kent on the date of passing of this By-law such smaller lot shall be deemed to
comply and may be used and a building or structure may be erected, altered or
used on such smaller lot, provided that:
i)
Such lot fronts onto an improved street, and
ii)
All other requirements for the applicable zone and Section 4.0 of this By-
law are complied with.
4.28
Automobiles Service Stations, Gas Bars and Automatic and Manual Car Washes
An automobile service station shall not be established in any Zone Classification except
in conformity with the following provisions.
a)
Lot Frontage
i)
Lot - Corner
The lot frontage shall be a minimum of 38 m
ii)
Lot - Interior
The lot frontage shall be a minimum of 30.5 m
a)
Lot Area
i)
Lot - Corner
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The lot area shall be a minimum of 1,950.9 sq. m
ii)
Lot - Interior
The lot area shall be a minimum of 1,393.5 sq. m
iii)
No pump island shall be located within the setback or in any event closer
than 4.87 m to any lot line that abuts a street.
iv)
Where the lot is a corner lot, no portion of any pump island shall be
located closer than 4.87 m from the street lines or within 15.24 m of the
intersection of any lot lines that abut a street.
v)
Driveways shall be a minimum of 9.1 m from the intersection of any two
lot lines that abut a street.
vi)
No building or structure shall be closer than 7.62 m to any Residential
Zone Classification.
4.28.1 A gas bar shall not be established in any Zone Classification except in
conformity with the following:
(a)
No building except for a canopy or kiosk shall be located within 4.87 m of
the pump island or between the pump island and any driveway.
4.28.2 An automatic and manual car wash shall not be established in any Zone
Classification except in conformity with the following provisions:
a)
Lot - Frontage
The lot frontage shall be a minimum of 30.48 m
b)
Lot - Area
The lot area shall be a minimum of 2,787 sq. m
c)
Yard - Rear
The rear yard shall be 7.62 m where the rear yard abuts a lot in a
Residential Zone Classification.
d)
Yard - Side
i)
no building or structure shall be closer than 3.048 m to any lot in a
Residential Zone Classification
ii)
a vehicle standing space shall have a minimum area of
18.58 sq. m and have a minimum width of 2.59 m and such
spaces shall be arranged in a continuous line
4.29
Drive-Through Facility
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A drive-through facility shall only be permitted in accordance with the following
provisions:
a)
The stacking lane shall be separated from the parking area by a curbed island or
other such barrier;
b)
The stacking lane leading to the pick-up window/product reception point shall
have a minimum length of 55 m, and shall have a minimum width of 3.5 m;
c)
The stacking lane shall be clearly identified;
d)
The access points to a stacking lane shall be properly located so as to minimize
the impact of the stacking lane on the internal traffic circulation;
e)
When stacking is required for a drive-through facility with an open air speaker,
the speaker shall be directed away from and not located closer than 10 m to a
Residential Zone; and
f)
No portion of the stacking lane, including entrance and exit configurations, used
to accommodate the requirements of part (b) of this Section shall be located
within the front yard, or exterior side yard, building setback.
4.30
Outdoor Patio
A temporary or permanent outdoor patio shall only be permitted as an accessory use to
an "Eating Establishment" or "Tavern" in accordance with the following provisions:
a)
The outdoor patio shall not exceed 50% of the gross floor area devoted to patron
use of the main use;
b)
That up to 15% of the required and/or existing parking spaces for the main use
may be used to construct an outdoor patio. The required number of accessible
off-street parking spaces must still be provided;
c)
An outdoor patio shall not be permitted in any yard located between the building
containing the main use and any Residential Zone;
d)
Any lighting facilities illuminating an outdoor patio shall be arranged so as
to deflect light away from adjoining properties and streets;
e)
The use of musical instruments, or other mechanical or electrical music
equipment is permitted in accordance with the Municipality's Noise By-law.
f)
Dancing, theatrical performances or audiovisual presentations, music concerts
and shows, shall not be permitted;
g)
The ground surface of an outdoor patio shall be of concrete or other hard
surface; and,
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h)
The outdoor patio shall be completely enclosed by a physical barrier.
i)
Temporary outdoor patios shall only be permitted to operate a maximum of eight
months per calendar year
4.31
Setbacks from Watercourses, Drains, Major Roads and Railways
4.31.1
Notwithstanding any other provision of this By-law, no person shall hereafter
erect any permanent building or structure, including a swimming pool, other than
a building or structure associated with drainage works or for protection against
flooding or erosion, in any zone which is:
a)
closer than 30 m from the top of bank, or three times the height of the
river bank, (3:1 stable slope allowance) plus erosion allowances from the
waters edge, whichever is the greater for yards abutting the Thames
River or Sydenham River as specified by the appropriate Conservation
Authority;
b)
closer than 21 m from the water's edge of the Thames River in the
Community of Chatham or as otherwise determined by the Lower
Thames Valley Conservation Authority;
c)
closer than 10.67 m from the top of the bank of the Sydenham River in
the Community of Wallaceburg or as determined by the St. Clair Region
Conservation Authority;
d)
closer than 21.34 m from the top of the bank of Running Creek in the
Community of Wallaceburg or as determined by the St. Clair Region
Conservation Authority;
e)
closer than 38.1 m from the top of the bank of Otter Creek in the
Community of Wallaceburg or as determined by the St. Clair Region
Conservation Authoirty;
f)
closer than 15 m from the top of the bank of the McDonald Tap Drain in
the Community of Wallaceburg or as determined by the St. Clair Region
Conservation Authority;
g)
closer than three (3) times the height of the bank (3:1 stable slope
allowance) plus 10 m from the waters edge of any natural watercourse or
municipal drain or as otherwise determined by the Conservation Authority
h)
closer than 8 m to the centre line of a tiled municipal drain;
i)
closer than 15 m to the land side toe of a dyke or 30 m from the waters
edge of the contained lake or watercourse, whichever is greater;
j)
In addition, the following site specific provisions as also delineated on
Schedule "A" shall apply:
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i)
For all lands adjacent to Lake Erie across lots 1 to 6 inclusive within the
Community of Romney;
a.
no building or addition to a building is to be erected closer than
20 m from the water's edge of Lake Erie, where the water's edge is
taken at a lake still water level of 175.1 m CGD or as otherwise
determined by the Conservation Authority, and
b.
no external opening to any building or addition to a building erected
hereafter shall be permitted below an elevation of 176.3 m Canadian
Geodetic Datum (CGD) or as otherwise determined by the
Conservation Authority
ii)
For all lands adjacent to Lake Erie across lots 7 to 15 and 206 to 178
inclusive within the Community of Romney, no building or addition to a
building is to be erected closer than 55 m from the top of the bank of the
bluff of Lake Erie, or as otherwise determined by the Conservation
Authority.
iii)
For all lands adjacent to Lake Erie across lots 177 to 165 inclusive within
the Community of Tilbury East, no building or addition to a building is to be
erected closer than 45 m from the top of the bank of the bluff of Lake Erie,
or as otherwise determined by the Conservation Authority.
iv)
For all lands adjacent to Lake Erie across lots 164 to 132 inclusive within
the Community of Raleigh, no building or addition to a building is to be
erected closer than 55 m from the top of the bank of the bluff of Lake Erie,
or as otherwise determined by the Conservation Authority.
v)
For all lands adjacent to Lake Erie across lots 22 to 24 inclusive within the
Community of Raleigh, no building or addition to a building is to be erected
closer than 55 m from the top of the bank of the bluff of Lake Erie, or as
otherwise determined by the Conservation Authority.
vi)
For all lands adjacent to Lake Erie in the Community of Harwich, no
building or addition to a building is to be erected closer than or below the
elevation noted below in the Community of:
Erie Beach
a.
no building or addition to a building is to be erected closer than 15 m
from the water's edge of Lake Erie, where the water's edge is taken
at a lake still water level of 175.26 m CGD or as otherwise
determined by the Conservation Authority, and
b.
no external opening to any building or addition to a building erected
hereafter shall be permitted below an elevation of 176.3 m Canadian
Geodetic Datum (CGD) or as otherwise determined by the
Conservation Authority.
Erie Shore Drive
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a.
no building or addition to a building is to be erected closer than 15 m
from the water's edge of Lake Erie, where the water's edge is taken
at a lake still water level of 175.26 m CGD and adequate shoreline
protection has been constructed or as otherwise determined by the
Conservation Authority, and
b.
no building or addition to a building is to be erected closer than 25 m
from the water's edge of Lake Erie, where the water's edge is taken
at a lake still water level of 175.26 m CGD and adequate shoreline
protection has not been constructed or as otherwise determined by
the Conservation Authority, and
c.
no external opening to any building or addition to a building erected
hereafter shall be permitted below an elevation of 176.3 m Canadian
Geodetic Datum (CGD) or as otherwise determined by the
Conservation Authority.
Erieau
a.
no building or addition to a building is to be erected adjacent to the
shoreline of Lake Erie without prior written approval from the
Conservation Authority, and
b.
no building or addition to a building is to be erected closer than
7.5 m from the water's edge of Rondeau Bay, where the water's
edge is taken at a lake still water level of 175.26 m CGD or as
otherwise determined by the Conservation Authority, and
c.
no external opening to any building or addition to a building erected
hereafter shall be permitted below an elevation of 176.1 m Canadian
Geodetic Datum (CGD) or as otherwise determined by the
Conservation Authority
Shrewsbury
a.
no building or addition to a building is to be erected closer than 15 m
from the water's edge of Rondeau Bay, or as otherwise determined
by the Conservation Authority, and
b.
no building or addition to a building is to be erected closer than
7.5 m from the water's edge of canals off of Rondeau Bay, or as
otherwise determined by the Conservation Authority, and
c.
no external opening to any building or addition to a building erected
hereafter shall be permitted below an elevation of 176.1 m Canadian
Geodetic Datum (CGD) or as otherwise determined by the
Conservation Authority
Rondeau Bay Estates
a.
no building or addition to a building is to be erected closer than 15 m
from the water's edge of Rondeau Bay, or as otherwise determined
by the Conservation Authority, and
b.
no building or addition to a building is to be erected closer than
7.5 m from the water's edge of canals off of Rondeau Bay, or as
otherwise determined by the Conservation Authority, and
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c.
no external opening to any building or addition to a building erected
hereafter shall be permitted below an elevation of 176.1 m Canadian
Geodetic Datum (CGD) or as otherwise determined by the
Conservation Authority
Bates Subdivision
a.
no building or addition to a building is to be erected adjacent to Lake
Erie without prior written approval from the Conservation Authority,
and
b.
no building or addition to a building is to be erected closer than
7.5 m from the water's edge of Rondeau Bay where shoreline
protection is present, or as otherwise determined by the
Conservation Authority, and
c.
no building or addition to a building is to be erected closer than 15 m
from the water's edge of Rondeau Bay where no shoreline protection
is in place, or as otherwise determined by the Conservation Authority
vii)
For all lands adjacent to Lake Erie across lots 97 to 102 inclusive within
the Community of Howard;
a.
no building or addition to a building is to be erected adjacent to the
shoreline or bluff of Lake Erie without prior written approval from the
Conservation Authority, and
b.
no external opening to any building or addition to a building erected
hereafter shall be permitted below an elevation of 176.3 m Canadian
Geodetic Datum (CGD) or as otherwise determined by the
Conservation Authority
viii) For all lands adjacent to Lake Erie across lots 77 to 96 inclusive within the
Community of Howard, no building or addition to a building is to be erected
adjacent to the bluff of Lake Erie without written approval by the
Conservation Authority.
ix)
For all lands adjacent to Lake Erie across lots 52 to 76 inclusive within the
Community of Orford, no building or addition to a building is to be erected
adjacent to the bluff of Lake Erie without written approval by the
Conservation Authority.
x)
For all lands adjacent to Lake St. Clair across lots 1 to 6 West inclusive
within the Community of Dover;
a.
no building or addition to a building is to be erected closer than 15 m
from the water's edge of Lake St. Clair, where adequate shoreline
protection has been constructed or as otherwise determined by the
Conservation Authority, and
b.
no building or addition to a building is to be erected closer than 25 m
from the water's edge of Lake St. Clair, where shoreline protection
has not been constructed or as otherwise determined by the
Conservation Authority, and
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c.
no external opening to any building or addition to a building erected
hereafter shall be permitted below an elevation of 176.8 m Canadian
Geodetic Datum (CGD) or as otherwise determined by the
Conservation Authority
xi)
For all lands adjacent to Lake St. Clair across lots 7 to 13 West inclusive
within the Community of Dover;
a.
no building or addition to a building is to be erected closer than 15 m
from the land side toe of a dyke, and
b.
no external opening to any building or addition to a building erected
hereafter shall be permitted below an elevation of 177.4 m Canadian
Geodetic Datum (CGD) or as otherwise determined by the
Conservation Authority
xii)
For all lands adjacent to Lake St. Clair across lots 1 to 7 East inclusive
within the Community of Dover;
a.
no building or addition to a building is to be erected closer than 15 m
from the land side toe of a dyke, and
b.
no external opening to any building or addition to a building erected
hereafter shall be permitted below an elevation of 177.4 m Canadian
Geodetic Datum (CGD) or as otherwise determined by the
Conservation Authority
xiii) In all cases where flood proofing of structures is required along the
shoreline of Lake Erie and Lake St. Clair, the area around each building
shall be filled to that elevation for a horizontal distance of at least 2 m
beyond the exterior walls of said building or building additions.
Notwithstanding any other provision of this By-law, no person shall plant
vegetation with a significant root system within 6 m of the top of bank of an open
drain or within 3 m of the centerline of a closed drain. A 6 m setback shall apply
to all dykes starting from the base of the toe of the dyke's slope. This applies to
all dykes including those adjacent to municipal drains or natural watercourses or
surrounding stormwater management and irrigation ponds.
4.31.2
Setbacks from Major Roads
"Notwithstanding any other provision of this By-law:
a) No person shall hereafter erect any permanent building or structure closer
than 14 m from the limit of any road classified as a Rural Collector, Rural
Arterial or CWTL (Future Rural Arterial) road as on Schedule "C".
b) No person shall hereafter erect any permanent building or structure closer
than 14 m or the setback requirement of the applicable zone, whichever is
greater, from the limit of the road classified as CWTL (Future Urban Arterial)
as on Schedule "C".
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c) For the roads classified as CWTL (Future Urban Arterial) and CWTL (Future
Rural Arterial) on Schedule "C", reference should be made to the Preferred
Route depicted as Figure 6.5 contained in the Chatham Western
Transportation Link, Environmental Study Report for the specific location,
right-of-way width and preliminary design parameters, when applying
applicable setbacks from the corridor."
4.31.3
Properties Located Along or Beside a Provincial Highway
Notwithstanding any other provision of this By-law, all proposed development
located along or beside a provincial highway within the Ministry of
Transportation's permit control area under the Public Transportation and
Highway Improvement Act will also be subject to the approval of the Ministry of
Transportation. New or upgraded access connections, buildings or structures
and signs located adjacent to or in the vicinity of a provincial highway or
intersection within the Ministry of Transportation's permit control area will be
subject to the Ministry of Transportation's policies, standards and requirements.
In addition, Ministry of Transportation entrance permits, building and land use
permits and sign permits may be required.
4.31.4
Setbacks from Railways
Notwithstanding any other provision of this By-law, no dwelling shall be erected,
nor shall any building be converted to a residential use closer than 20 m to the
centerline of a rail line.
4.32
Sight Visibility Triangles
a)
Visibility Triangle Landscaping
No building, structure, fence, tree or shrub that will exceed 0.76 m in height may
be erected or planted within the triangular space formed between intersecting
street lines and a distance of 6.1 m from their point of intersection, provided that
the grade for the calculation of height shall be at the intersection of the center
lines of the streets from which the said street lines are derived. No parking
space, no loading space, no parking area and no parking aisle shall be located
within the said triangular space.
b)
On Corner Lots
In all zones, on a corner lot, no building or structure shall be erected and no tree,
shrub or other plant growth shall be permitted such as would materially impede
vision between a height of 0.6 m and 3 m above the centre line grade of the
intersection streets in the triangular area bounded by the street lines of the
corner lot and a line from the points along said street lines distant 10 m from the
point of the intersection of the said street line.
c)
At Street Intersections
In all zones, on a corner lot having frontage on a major road as delineated on
Schedule "C" to this By-law, no building or structure shall be erected and no tree,
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shrub or other plant growth shall be permitted such as would materially impede
vision between a height of 0.6 m and 3 m above the centre line grade of the
intersecting streets in the triangular area bounded by the street lines of the
corner lot and a line from the points along said street lines distant 28 m from the
point of intersection of the said street line.
d)
At Railway Grade Crossings
In all zones, on a lot abutting a railway where the railway and a street intersect at
the same grade, no building or structure shall be erected and no tree, shrub or
other plant growth shall be permitted such as would materially impede vision
between a height of 0.6 m and 3 m above the centre line grade of the intersecting
street in the triangular area bounded by the right-of-way limit of the railway and
the street line and a line from the points along such right-of-way limit and such
street line distant 45 m from the point of intersection thereof.
4.33
Swimming Pools
Notwithstanding anything contained in this By-law, a swimming pool shall be permitted
as an accessory use to a permitted residential use within all zoning categories, subject
to compliance with the following provisions:
a)
No part of any swimming pool, whether installed above or in-ground, shall be
located in a front yard area, except in an Agricultural Zone.
b)
The distance of any swimming pool from a rear and/or side lot line shall be a
minimum of 1.2 m and from a front lot line, a minimum distance equal to the
minimum required front yard building setback, as measured from the inner
surface of the wall of the pool to the lot line.
c)
No pool shall be located within the visibility triangle for the said lot, which is
defined as a triangular area formed within a lot by:
i)
intersecting streets and a straight line connecting them 7.6 m from their
point of intersection or;
ii)
the intersection of a street and any portion of a driveway within 7.6 m of a
property line and a straight line connecting them 7.6 m from their point of
intersection or;
iii)
the intersection of an alley and a street, or two alleys and a straight line
connecting them 3 m from their point of intersections
d)
A swimming pool shall be entirely enclosed by a fence pursuant to the
Municipality of Chatham-Kent Fencing By-law 125-2008 (as amended) or its
successor By-law.
e)
An accessory building or structure, including a deck along the outer edge of the
pool that may be required for changing clothes, containing pumping or filtration
equipment, or other uses related to the swimming pool shall comply with the
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provisions of this By-law with respect to accessory buildings and structures for
the zone in which the swimming pool is located.
4.34
Temporary Use Provisions
Wherever a temporary use By-law is approved pursuant to Section 39 of the Planning
Act, 1990 R.S.O chapter P13 (as amended) or successor legislation, the following
provisions shall apply.
a)
upon expiry of the time period during which the authorization of the temporary
use described is in effect, the temporary use By-law does not apply so as to
permit the continued use of the land, building or structure for the purpose
temporarily authorized;
b)
all other applicable regulations and standards of this By-law shall apply.
4.35
Uses Permitted in All Zones
Nothing in this By-law shall apply to prevent or otherwise restrict in any way any of the
following:
4.35.1 Services and Utilities
(a)
Any telephone, telegraph, cable or Internet system, any transportation
system , or public use, owned or operated by or for the corporation, the
Department of Federal Government or Ministry of the Provincial
Government, including Entegrus or Hyudro One and any railway company
may, for the purpose of the public service and utility, use any land or erect
any building or structure in any zone notwithstanding that such building or
structure or proposed use does not conform to the provisions of this By-
law for such zone.
(b)
Provided, however, that such use, building or structure shall comply with
all height, yard and lot coverage regulations prescribed for the zone in
which it is located. However, such uses shall not be subject to the lot
area requirements for the zone in which they are located.
(c)
Further, there shall be no open storage of goods, materials or equipment;
and any buildings erected or used under the provisions of this section
shall be designed, maintained, and used in a manner compatible with
buildings of the type permitted in said zone.
(d)
Any use of the facilities and buildings and structures of any electric or gas
company and the receiving or transmitting tower and facilities of any radio
or television station are also permitted.
4.35.2 Public Uses of the Corporation
Municipality of Chatham-Kent
- 69 -
Comprehensive Zoning By-law
Approved December 14, 2009
Public buildings and structures, such as a historic site, museum, park, municipal
office, public library, public works garage or municipal plant operated by the
Corporation.
4.35.3 Construction Facilities
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, which has
neither been finished or abandoned, including a work camp or wayside pit.
4.35.4 Streets and Installations
Land being used as a street or for the installation within the limits of a street of a
storm sewer main, underground gas main, underground pipeline or overhead or
underground hydro, telephone or other supply line communication line provided
that the location of such line or main has been approved by the Corporation.
4.35.5 Ornamental Structures
A statue, monument, cenotaph, fountain or other such memorial or ornamental
structure.
4.35.6 Signs and Signals
Any government authorized traffic sign or signal, any public election list or
government proclamation.
4.35.7 Oil and Gas Well and Oil and Gas Work
Land or structure for any "Oil and Gas Well" or "Oil and Gas Work" subject to the
regulations of the Oil, Gas and Salt Resources Act, or successor Legislation.
4.36
Uses Restricted in All Zones
a)
Noxious Uses Prohibited
Notwithstanding any other provision hereof to the contrary, no use shall be
permitted in any zone which is offensive or dangerous by reason of the emission
of odour, smoke, dust, noise, gas, fumes, vibration or refuse matter.
b)
Restricted Uses
The following uses are prohibited throughout the zoned area, either alone or in
conjunction with other uses, unless specifically permitted herein, or by an
amending By-law:
i)
the making or establishment of pits and quarries, other than permitted
wayside pits;
ii)
the tanning or storage of uncured hides or skins;
Municipality of Chatham-Kent
- 70 -
Comprehensive Zoning By-law
Approved December 14, 2009
iii)
the boiling of blood, tripe, bones or soaps for commercial uses;
iv)
the manufacturing of glue or fertilizers from dead animals or from human
or animal waste;
v)
an abattoir, stockyard, livestock exchange, or dead stock depot;
vi)
the extracting of oil from fish;
vii)
a track for the racing or testing of automobiles, motorcycles, snowmobiles
or any other motorized vehicles;
viii)
a salvage yard;
ix)
a sewage treatment facility;
x)
a disposal site for solid or liquid wastes, except for a manure storage
facility accessory to an agricultural use;
xi)
the refining, storage or use in manufacturing of coal oil, rock oil, fuel oil,
natural gas, propane, burning fluids, naphtha, benzol, benzene, gasoline,
ethanol, dynamite, dualin, nitroglycerine, gun powder, petroleum or any
other combustible, inflammable, volatile or otherwise dangerous liquids,
gases or solid materials except where specifically permitted hereby or in
conjunction with a permitted commercial or industrial use and unless such
substances are protected by adequate fire fighting and fire prevention
equipment and by such safety devices as are generally employed in the
handling of such substances and provided that such substances are kept
removed from adjacent uses to a distance which is compatible with the
potential danger involved, except that this provision shall not apply to
prevent the above ground storage of such substances by a farmer, where
such storage is incidental and accessory to an agricultural use, or the use
of natural gas, propane or fuel oil for domestic purposes, such as heating
and cooking, in conjunction with a residential use;
xii)
an occupied vehicle used for human habitation other than a mobile home
where specifically permitted hereby or a travel trailer used only for
temporary accommodation in a permitted campground;
xiii)
an adult entertainment establishment;
xiv)
a campground, except as part of a permitted park;
xv)
where municipal water and/or sanitary sewers are not available, any use
unable to obtain the approval of private water or sanitary treatment and
disposal facilities from the Municipality;
xvi)
an airport;
Municipality of Chatham-Kent
- 71 -
Comprehensive Zoning By-law
Approved December 14, 2009
xvii)
any use which causes the emission of corrosive gases, toxic gases or
radioactive gases or, into any zone other than an Industrial Zone, of
electromagnetic fields, heat, glare, non-agricultural odours, noise,
vibrations, dust, dirt, fly ash or smoke, or which does not comply with
emission regulations as may be established from time to time by the
Province of Ontario, the Government of Canada, or any agencies thereof;
xviii)
the storage of derelict vehicles;
xix)
Shipping containers, transport trailers, vans or any other motor vehicle as
storage facilities except in an Industrial Zone, or in accordance with
Section 4.2(5);
xx)
waste processing facility;
4.37
Yard Encroachments
Notwithstanding the yard and setback provisions of this By-law;
a)
Sills, belt courses, chimney, cornices, eaves, gutter, parapets, pilasters, bay
windows and other ornamental architectural features may project into any
required yard by a maximum of 0.5 m
b)
Uncovered stoops, uncovered steps, uncovered decks, uncovered porches,
uncovered verandahs, and uncovered terraces may project into any interior or
exterior side yard or rear yard provided that the maximum height of such
uncovered stoops, uncovered steps, uncovered decks, uncovered porches,
uncovered verandahs, or uncovered terraces is not more than 1.7 m above
established grade, but shall not be closer than 1.2 m to any rear lot line and no
closer than the required interior side yard width minimum for the zone..
c)
Uncovered stoops, uncovered steps, uncovered decks, uncovered porches,
uncovered verandahs, and uncovered terraces may project into any front yard a
maximum of 3.1 m from the front face of the main structure into the front yard,
but no closer than 3.1 m to the front lot line provided that the maximum height of
such uncovered stoops, uncovered steps, uncovered decks, uncovered porches,
uncovered verandahs, or uncovered terraces is not more that 1.7 m above grade.
d)
Exterior stairways may project into a required yard by a maximum of 1.5 m
e)
Steel fire escapes may project into any required side or rear yard but not more
than 1.5 m
f)
Balconies may project into any required yard by a maximum of 1.5 m
g)
Awnings, flag poles, garden trellises, fences, retaining walls, recreational
equipment, and similar accessories shall be permitted in any required yard.
Municipality of Chatham-Kent
- 72 -
Comprehensive Zoning By-law
Approved December 14, 2009
h)
Window or wall-mounted air conditioners and heat pumps may project into any
required yard or setback, but not more than 0.6 m into a required interior side
yard in a Residential Zone.
i)
Outdoor free-standing air conditioners and heat pumps may be located in any
required yard or setback area in a Residential Zone.
4.38
Yard Regulations
4.38.1 Established Front Yards
Where, in any Residential Zone, on the date of passing of this By-law, where
more than one-half of the lots within a residential block on the same side of a
street are built upon, then the required front yard depth shall be deemed to be the
lesser of that of the closest dwelling on either side of the subject lot in place of
the usual minimum front yard requirement or any setback subject to the following:
a)
the established front yard shall not apply to allow construction in a site
visibility triangle;
b)
in a Residential Zone a dwelling may be replaced having front yard less
than the established front yard if the front yard for such lot on the day of
passing of this by-law was less than the established front yard but in any
case not less than 3 m;
c)
in the case of there being more than one zone in such block, this provision
shall apply separately to each zone.
4.38.2 Through Lots
Where a lot is a through lot, a front yard shall be provided on each street on
which the lot has frontage in accordance with the minimum front yard or setback
required as the case may be for each street in that zone.
4.38.3 Corner Lots Bounded by Three Streets
Where a corner lot is bounded by three streets, a front yard shall be provided
adjoining the two non-intersecting streets and an exterior side yard shall be
provided adjoining the flanking street.
4.39 Cannabis Production Facility
Notwithstanding any other provision of this By-law, the following regulations apply
to a Cannabis Production Facility,
a)
The following minimum separation distance shall apply to buildings and
structures:
i) within the General Industrial (M1) Zone no Cannabis Production
Facility shall be located closer to any residential, institutional, or
open space zone boundary than 75 m; and,
Municipality of Chatham-Kent
- 73 -
Comprehensive Zoning By-law
Approved December 14, 2009
ii) within the Agricultural (A1) and Rural Industrial (MR) Zone no
Cannabis Production Facility shall be located:
a. closer than 100 m to an existing residential dwelling on a
separate lot; or,
b. closer to any residential, institutional, or open space zone
boundary zone boundary than 100 m;
b)
Parking Requirement: Two spaces per three employees (maximum
enrolment) or one space per 18 sq. m floor area used for office,
whichever is greater, plus one space per 1,000 sq. m floor area used for
production;
c)
Section 4.10, Greenhouse Farms (Large Scale) does not apply;
d)
Clauses (a) to (b) do not apply to Cannabis Production Facilities where
the cultivation area is less than 200 m2, or to any outdoor cultivation
areas.
Section 5.0 - Zones
5.1
Residential Low Density Zone (RL)
5.1.1 Uses Permitted
No person shall, within any RL Zone, use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following uses, namely:
(a)
RL1-E:
Single Detached Dwelling, Group Home
(b)
RL1:
Single Detached Dwelling, Group Home
(c)
RL2:
Single Detached Dwelling, Semi-Detached Dwelling Unit,
Semi-Detached Dwelling, Duplex Dwelling, Group Home
(d)
RL3:
Single Detached Dwelling, Semi-Detached Dwelling Unit, Semi
Detached Dwelling, Duplex Dwelling, Group Home
(e)
RL4:
Single Detached Dwelling, Semi-Detached Dwelling Unit, Semi-
Detached Dwelling, Group Home
(f)
RL5:
Single Detached Dwelling, Group Home
(g)
RL6:
Mobile Home Subdivision
(h)
RL7:
Single Detached Dwelling, Semi-Detached Dwelling Unit and
Semi-Detached Dwelling, Group Home
(i)
RL8:
Single Detached Dwelling, Semi-Detached Dwelling Unit and
Municipality of Chatham-Kent
- 74 -
Comprehensive Zoning By-law
Approved December 14, 2009
Semi-Detached Dwelling, Group Home
5.1.2 Regulations:
Each use permitted in a Residential Low Density Zone (RL) is subject to:
a)
the regulations in Section 4;
b)
the regulations detailed in the following Performance Standard Chart applicable
to the zone; and
c)
any exceptions referred to in Schedule "B" applicable to the land, building or
structure.
Municipality of Chatham-Kent
- 75 -
Comprehensive Zoning By-law
Approved December 14, 2009
Residential Low Density Zone (RL)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RL Residential Low Density - See Section 5.1 of this By-law
RL1-E; RL1;
RL2; RL3;
RL4; RL5,
RL7; RL8 -
Group Home
557.4 sq. m
15.24 m
7.62 m
2.74 m
and 1.22 m;
Interior corner
lot - 1.22 m
2.74 m for a
corner exterior
lot
7.62 m
33%
One group
home
N/A
9.75 m
The provisions of
Section 4.11 of this by-
law apply.
RL1-E Single
Detached
Dwelling
1,449.4 sq. m
26.82 m
7.62 m
3.05 m
3.05 m
10.67 m
33%
One single
detached
dwelling
N/A
9.75 m
RL1 - Single
Detached
Dwelling
549.97 sq. m
17.98 m
7.62 m
1.22 m
w/attached
garage/carport
2.44 m and
1.22 m with no
garage/carport
Interior corner
lot - 1.22 m
3.75 m for a
corner exterior
lot
7.62 m
33%
One single
detached
dwelling
N/A
9.75 m
RL2 - Single
Detached
Dwelling
464.5 sq. m
14.94 m
7.62 m
1.22 m
w/attached
garage/carport
2.44 m & 1.22 m
with no
garage/carport
Interior corner
lot - 1.22 m
3.75 m for a
corner exterior
lot
7.62 m
33%
One single
detached
dwelling
N/A
9.75 m
Municipality of Chatham-Kent
- 76 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RL2 - Semi-
Detached
Dwelling Unit
278.7 sq. m
9.14 m
interior lot;
10.67 m
corner lot
7.62 m
0 m & 1.22 m
w/attached
garage/carport
0 m & 2.44 m
with no
garage/carport
Interior corner
lot - 0 m
3.05 m for a
corner exterior
lot
7.62 m
33%
One semi-
detached
dwelling
unit
N/A
9.75 m
RL2 - Semi -
Detached
Dwelling
557.4 sq. m
18.29 m
interior lot;
19.81 m
corner lot
7.62 m
1.22 m
w/attached
garage/carport
2.44 m with no
garage/carport
Interior corner
lot - 1.22m
w/attached
garage/carport
Interior corner
lot - 2.44 m
with no
garage/carport
3.05 m for a
corner exterior
lot
N/A
33%
Two semi-
detached
dwelling
units
N/A
9.75 m
RL2 - Duplex
Dwelling
557.4 sq. m
15.24 m
7.62 m
3.05 m & 1.22 m
w/attached
garage/carport
3.05 m & 2.44 m
with no
garage/carport
Interior corner
lot - 1.22 m
3.05 m for a
corner exterior
lot
7.62 m
33%
One duplex
dwelling
N/A
9.75 m
Municipality of Chatham-Kent
- 77 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RL3 - Single
Detached
Dwelling
375.32 sq. m
interior lot
419.91 sq. m
corner lot
11.89 m
interior lot
13.72 m
corner lot
7.62 m
1.22 m
w/attached
garage/carport
2.44 m & 1.22 m
with no
garage/carport
Interior corner
lot - 1.22 m
3.05 m for a
corner exterior
lot
7.62 m
33%
One single
detached
dwelling
N/A
9.75 m
RL3 - Semi
Detached
Dwelling Unit
274.98 m
9.14 m
interior lot
10.67 m
corner lot
7.62 m
0 m & 1.22 m
w/attached
garage/carport
0 m and 2.44 m
with no
garage/carport
Interior corner
lot - 0 m
3.05 m for a
corner exterior
lot
7.62 m
33%
One semi-
detached
dwelling
unit
N/A
9.75 m
RL3 - Semi-
Detached
Dwelling
549.97 sq. m
18.29 m
7.62 m
1.22 m
w/attached
garage/carport
2.44 m with no
garage/carport
Interior corner
lot - 1.22 m
w/attached
garage/carport
Interior corner
lot - 2.44 m
with no
garage/carport
3.05 m for a
corner exterior
lot
7.62 m
33%
Two semi-
detached
dwelling
units
N/A
9.75 m
RL3 - Duplex
Dwelling
557.4 sq. m
15.24 m
7.62 m
3.05 m & 1.22 m
Interior corner
lot - 1.22 m
3.05 m for a
corner exterior
lot
7.62 m
33%
One duplex
dwelling
N/A
9.75 m
Municipality of Chatham-Kent
- 78 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RL4 - Single
Detached
Dwelling
278.7 m
7.62 m
7.62 m
1.22 m & 0.61
m w/attached
garage/carport
2.44 m & 0.61 m
with no
garage/carport
interior corner
lot 2.44 m
3.75 m
7.62 m
33%
One single
detached
dwelling
N/A
9.75 m
RL4 - Semi-
Detached
Dwelling Unit
278.7 sq. m
7.62 m
7.62 m
0 m & 1.22 m
w/attached
garage/carport
0 m & 2.44 m
with no
garage/carport
Interior corner
lot -0 m
3.75 m for a
corner exterior
lot
7.62 m
33%
One semi-
detached
dwelling
unit
N/A
9.75 m
RL4 - Semi-
Detached
Dwelling
557.4 sq. m
15.24 m
7.62 m
1.22 m
w/attached
garage/carport
2.44 m with no
garage/carport
Interior corner
lot - w/attached
garage/carport
1.22 m, no
attached
garage/carport
2.44 m
3.75 m for a
corner exterior
lot
7.62 m
33%
Two semi-
detached
dwelling
units
N/A
9.75 m
Municipality of Chatham-Kent
- 79 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RL5 - Single
Detached
Dwelling
278.7 sq. m
10.67 m
7.62 m
0 m and 1.22 m
w/attached
garage/carport
0 m and 2.44 m
with no
garage/carport
Interior corner
lot - 0 m
2.44 m for a
corner exterior
lot
7.62 m
40%
One single
detached
dwelling
N/A
9.75 m
RL6 - Mobile
Home
1.21 ha
20.12 m
7.62 m
N/A
N/A
N/A
N/A
3.2 mobile
homes per
ha
N/A
9.14 m
RL7 - Single
Detached
Dwelling
278.7 sq. m
9.14 m
7.62 m
1.22 m & 0.61 m
w/attached
garage/carport
2.44 m & 0.61 m
with no
garage/carport
Interior corner
lot - 0.61 m
3.05 m for a
corner exterior
lot
7.62 m
40%
One single
detached
dwelling
N/A
9.75 m
RL7 - Semi-
Detached
Dwelling Unit
278.7 sq. m
9.14 m
7.62 m
0 m & 1.22 m
w/attached
garage/carport
0 m & 2.44 m
with no
garage/carport
Interior corner
lot - 0 m
3.05 m for a
corner exterior
lot
7.62 m
40%
One semi-
detached
dwelling
unit
N/A
9.75 m
Municipality of Chatham-Kent
- 80 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RL7 - Semi-
Detached
Dwelling
557.4 sq. m
18.29 m
7.62 m
1.22 m
w/attached
garage/carport
2.44 m
with no
garage/carport
Interior corner
lot - 1.22 m
w/attached
garage/carport
Interior corner
lot - 2.44 m
with no
garage/carport
3.05 m for a
corner exterior
lot
7.62 m
40%
Two semi-
detached
dwelling
units
N/A
9.75 m
RL8 - Single
Detached
Dwelling
278.7 sq. m
10.67 m
7.62 m
1.22 m & 0.61 m
w/attached
garage/carport
2.44 m & 0.61 m
with no
garage/carport
Interior corner
lot - 0.61 m
3.05 m for a
corner exterior
lot
7.62 m
40%
One single
detached
dwelling
N/A
9.75 m
RL8 - Semi-
Detached
Dwelling Unit
278.7 sq. m
10.67 m
7.62 m
0 m 1.22 m
w/attached
garage/carport
0 m & 2.44 m
with no
garage/carport
Interior corner
lot - 0 m
3.05 m for a
corner exterior
lot
7.62 m
40%
One semi-
detached
dwelling
unit
N/A
9.75 m
Municipality of Chatham-Kent
- 81 -
Comprehensive Zoning By-law
Approved December 14, 2009
RL8 - Semi-
Detached
Dwelling
557.4 sq. m
18.29 m
7.62 m
1.22 m
w/attached
garage/carport
2.44 m with no
attached
garage/carport
Interior corner
lot - 1.22 m
w/attached
garage/carport
2.44 m with no
attached
garage/carport
3.05 m for a
corner exterior
lot
7.62 m
40%
Two semi-
detached
dwelling
units
N/A
9.75 m
Municipality of Chatham-Kent
- 82 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.2
Residential Medium Density Zone (RM)
5.2.1 Uses Permitted
No person shall, within any RM Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
RM1:
Semi-Detached Dwelling, Semi-Detached Dwelling Unit, Duplex
Dwelling, Triplex Dwelling, Double Duplex, Fourplex Dwelling,
Dwelling Row House, Dwelling Senior Citizen, Group Home
(b)
RM2:
Double Duplex Dwelling, Fourplex, Dwelling Row House, Dwelling
Apartment, Dwelling Senior Citizen, Group Home
5.2.2 Regulations:
Each use permitted in a Residential Medium Density Zone (RM) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 83 -
Comprehensive Zoning By-law
Approved December 14, 2009
Residential Medium Density Zone (RM)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RM Residential Medium Density - See Section 5.2 of this By-law
RM1; RM2-
Group Home
557.4 sq. m
15.24 m
7.62 m
2.74 m and
1.22 m
interior corner
lot - 1.22 m
Corner
exterior lot -
2.74 m
7.62 m
33%
One group
home
N/A
9.75 m
The provisions of Section 4.11
of this by-law apply.
RM1 - Semi-
Detached
Dwelling
549.97 sq. m
18.29 m
interior lot
19.51 m
corner lot
7.62 m
Interior and
corner lot
interior - 1.22 m
per side
w/attached
garage/carport;
2.44 m with no
attached
garage/carport
Corner
exterior lot -
3.05 m if
attached
garage/carport
3.05 m if no
attached
garage/carport
7.62 m
33%
Two semi-
detached
dwelling
units
N/A
9.75 m
RM1 - Semi
Detached
Dwelling Unit
278.7 sq. m
9.14 m
interior lot
10.36 m
corner lot
7.62 m
0 m & 1.22 m
w/attached
garage/carport
0 m & 2.44 m
with no attached
garage/carport
interior corner
lot 0 m
3.05 m for a
corner exterior
lot
7.62 m
33%
One semi-
detached
dwelling
unit
N/A
9.75 m
RM1 -
Duplex
Dwelling
557.4 sq. m
15.24 m
7.62 m
3.05 m and
1.22 m;
interior corner
lot - 1.22 m
Corner
exterior lot -
3.05 m
7.62 m
33%
One duplex
dwelling
N/A
9.75 m
Municipality of Chatham-Kent
- 84 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RM1 -
Triplex
Dwelling
650.3 sq. m
18.29 m
interior lot
7.62 m
3.05 m and
1.83 m;
interior corner
lot - 1.83 m
Corner
exterior lot -
3.05 m
7.62 m
33%
One triplex
dwelling
N/A
10.97 m
RM1 -
Double
Duplex
Dwelling
743.2 sq. m
21.34 m
7.62 m
4.57 m and
2.74 m;
interior corner
lot - 2.74 m
Corner
exterior lot -
3.05 m
7.62 m
33%
One double
duplex
dwelling
N/A
9.75 m
RM1 -
Fourplex
Dwelling
743.2 sq. m
21.34 m
7.62 m
4.57 m and
2.74 m;
interior corner
lot - 2.74 m
Corner
exterior lot -
3.05 m
7.62 m
33%
One
fourplex
dwelling
N/A
9.75 m
RM1 - Row
House
Dwelling
229.93 sq .m
per dwelling
unit
25.91 m
7.62 m
Interior and
corner lot
Interior -
4.88 m per side;
if building front
is less than
building depth -
7.62 m per side
Corner
exterior lot -
7.62 m
7.62 m
45%
N/A
N/A
9.75 m
RM1 - Row
House
Dwelling Unit
229.93 sq. m
N/A
7.62 m
0 m per side for
an internal unit
0 m one side,
4.88 m other
side for an end
unit
Corner
exterior lot -
7.62 m
7.62 m
45%
One row
dwelling
unit
N/A
9.75 m
Municipality of Chatham-Kent
- 85 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RM1 -
Dwelling
Senior Citizen
929.0 sq. m
plus
90.12 sq. m
for each
dwelling unit
in excess of 4
19.81 m
7.62 m
1/2 building
height, but not
less than 3.66 m
4.51 m
7.62 m
33%
N/A
N/A
10.97 m
RM2
Double
Duplex
Dwelling
743.2 sq. m
21.34 m
7.62 m
4.57 m and
2.74 m;
interior corner
lot - 2.74 m
Corner
exterior lot -
3.05 m
7.62 m
33%
One double
duplex
dwelling
N/A
9.75 m
RM2 -
Fourplex
Dwelling
743.2 sq. m
21.34 m
7.62 m
4.57 m and
2.74 m;
interior corner
lot - 2.74 m
Corner
exterior lot -
3.05 m
7.62 m
33%
One
fourplex
dwelling
N/A
9.75 m
RM2 - Row
House
Dwelling
229.93 sq. m
per dwelling
unit
25.91 m
7.62 m
Interior and
corner lot
interior - 4.88 m
per side;
If building front
is less than
building depth -
7.62 m per side
Corner
exterior lot -
7.62 m
7.62 m
45%
N/A
N/A
9.75 m
Municipality of Chatham-Kent
- 86 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RM2 - Row
House
Dwelling Unit
229.93 sq. m
N/A
7.62 m
0 m per side for
an internal unit
0 m one side,
4.88 m other
side for an end
unit
Corner
exterior lot -
7.62 m
7.62 m
45%
One row
dwelling
unit
N/A
9.75 m
RM2 -
Apartment
Dwelling
836.1 sq. m
for the first
five dwelling
units,
plus
92.8 sq. m for
each
additional
dwelling unit
26.82 m
7.62 m
6.10 m per side;
if building front
is less than
building depth -
7.62 m per side
Corner
exterior lot -
6.10 m per
side;
if building
front is less
than building
depth -
7.62 m per
side
7.62 m
33%
70 dwelling
units per ha.
N/A
10.97 m
RM2 -
Dwelling
Senior Citizen
929 sq. m
plus
90.12 sq. m
for each
dwelling unit
in excess of
four
19.81 m
7.62 m
1/2 building
height, but not
less than 3.66 m
4.51 m
7.62
33%
N/A
N/A
10.97 m
Municipality of Chatham-Kent
- 87 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.3
Residential High Density Zone (RH)
5.3.1 Uses Permitted
No person shall, within any RH Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
RH1:
Dwelling Apartment, Dwelling Senior Citizen, Group Home
(b)
RH2:
Dwelling Apartment, Dwelling Senior Citizen, Group Home
5.3.2 Regulations
Each use permitted in a Residential High Density Zone (RH) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart applicable
to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building or
structure.
Municipality of Chatham-Kent
- 88 -
Comprehensive Zoning By-law
Approved December 14, 2009
Residential High Density Zone (RH)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RH Residential High Density - See Section 5.3 of this By-law
RH1, RH2 -
Group Home
557.4 sq. m
15.24 m
7.62 m
2.74 m and
1.22 m
interior corner
lot - 1.22 m
Corner
exterior lot -
2.74 m
7.62 m
33%
One group
home
N/A
9.75 m
The provisions of
Section 4.11 of this by-
law apply.
RH1 -
Apartment
Dwelling
836.1 sq. m
first five
dwelling
units;
92.8 sq. m for
each
additional
dwelling unit
26.82 m
7.62 m
1/2 building
height, but not
less than 7.62 m
1/2 building
height, but not
less than
7.62 m
1/2 the
building
height,
but not less
than
7.62 m
33%
74 dwelling
units
per ha
N/A
N/A
RH1 -
Dwelling
Senior Citizen
929 sq. m
plus
90.12 sq. m
for each
dwelling unit
in excess of
four
19.81 m
7.62 m
1/2 building
height, but not
less than 3.66 m
4.51 m
7.62 m
33%
N/A
N/A
10.97 m
Municipality of Chatham-Kent
- 89 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RH2 -
Apartment
Dwelling
836.1 sq. m
first five
dwelling
units;
92.8 sq. m for
each
additional
dwelling unit
26.82 m
7.62 m
1/2 building
height, but not
less than 7.62 m
1/2 building
height, but not
less than
7.62 m
1/2
building
height, but
not less
than
7.62 m
33%
125
dwelling
units
per ha
N/A
N/A
RH2 -
Dwelling
Senior Citizen
929 sq. m
plus
90.12 sq. m
for each
dwelling unit
in excess of
four
19.81 m
7.62 m
1/2 building
height, but not
less than 3.66 m
4.51 m
7.62 m
33%
N/A
N/A
10.97 m
Municipality of Chatham-Kent
- 90 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.4
Rural Residential Zone (RR)
5.4.1 Uses Permitted
No person shall, within any RR Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Bed and Breakfast Establishment
(b)
Single Detached Dwelling
5.4.2 Regulations
Each use permitted in a Rural Residential Zone (RR) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart applicable
to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building or
structure.
Municipality of Chatham-Kent
- 91 -
Comprehensive Zoning By-law
Approved December 14, 2009
Rural Residential Zone (RR)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RR Rural Residential - See Section 5.4 of this By-law
Single
Detached
Dwelling
0.4 ha
30 m
12 m
3 m
6 m
8 m
30% for all
buildings
and
structures
One single
detached
dwelling
25%
11 m
Municipality of Chatham-Kent
- 92 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.5
Estate Residential Zone (ER)
5.5.1 Uses Permitted
No person shall, within any ER Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Single Detached Dwelling
5.5.2 Regulations
Each use permitted in an Estate Residential Zone (ER) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart applicable
to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building or
structure.
Municipality of Chatham-Kent
- 93 -
Comprehensive Zoning By-law
Approved December 14, 2009
Estate Residential Zone (ER)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
ER Estate Residential - See Section 5.5 of this By-law
Single
Detached
Dwelling
0.8 ha
30 m
12 m
4 m
6 m
12 m
25%
One single
detached
dwelling
20%
11 m
Municipality of Chatham-Kent
- 94 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.6
Village Residential Zone (VR)
5.6.1 Uses Permitted
No person shall, within any VR Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
a)
Bed and Breakfast Establishment
b)
Semi-Detached Dwelling
c)
Semi-Detached Dwelling Unit
d)
Single-Detached Dwelling
5.6.2 Regulations
Each use permitted in a Village Residential Zone (VR) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart applicable
to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building or
structure.
Municipality of Chatham-Kent
- 95 -
Comprehensive Zoning By-law
Approved December 14, 2009
Village Residential Zone (VR)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
VR Village Residential - See Section 5.6 of this By-law
Single
Detached
Dwelling
1,858 sq. m
23 m
8 m
3 m
8 m
8 m
30%
One single
detached
dwelling
25%
11 m
Semi-
Detached
Dwelling
3,716 sq. m
46 m
8 m
3 m
8 m
8 m
30%
Two semi-
detached
dwelling
units
25%
11 m
Semi-
Detached
Dwelling Unit
1,858 sq. m
23 m
8 m
0.0 m & 3 m
Interior
corner lot -
0.3 m
8 m
8 m
30%
One semi-
detached
dwelling
unit
25%
11 m
Municipality of Chatham-Kent
- 96 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.7
Mobile Home Park Zone (MH)
5.7.1 Uses Permitted
No person shall, within any MH Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Buildings, structures and uses accessory to a mobile home park, including one
dwelling containing not more than one dwelling unit for the park manager
(b)
Mobile Home Parks
5.7.2 Regulations
Each use permitted in a Mobile Home Park Zone (MH) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart applicable
to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building or
structure.
Municipality of Chatham-Kent
- 97 -
Comprehensive Zoning By-law
Approved December 14, 2009
Mobile Home Park Zone (MH)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
MH Mobile Home Park - See Section 5.7 of this By-law
Mobile Home
Park
2 ha
60 m
See other
provisions
See other
provisions
See other
provisions
See other
provisions
See other
provisions
See other
provisions
40%
5 m
Minimum setbacks for
trailers, buildings and
structures:
-
15 m from any
street line
-
15 m from any
Residential Zone
boundary
-
8 m from any other
lot line
Trailer site regulations:
-
Minimum area -
185 sq. m
-
Maximum density
- 30 sites per ha of
lot area
-
Minimum frontage
- 10 m
-
Vehicular access -
each site shall be
accessible by
means of a
driveway at least
3.7 m wide where
the driveway is for
one-way traffic, or
at least 8 m wide
where the
driveway is for
two-way traffic
Municipality of Chatham-Kent
- 98 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.8
Seasonal Residential Zone (SR)
5.8.1 Uses Permitted
No person shall, within any SR Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Travel Trailer Parks
(b)
Convenience Retail Stores as an accessory use to a Travel Trailer Park
(c)
Park Model Trailer
5.8.2 Regulations
Each use permitted in a Seasonal Residential Zone (SR) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 99 -
Comprehensive Zoning By-law
Approved December 14, 2009
Seasonal Residential Zone (SR)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
SR Seasonal Residential - See Section 5.8 of this By-law
Travel Trailer
Parks
2 ha
60 m
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Minimum setbacks for
trailers, buildings and
structures:
-
15 m from street
line
-
15 m from any
Residential Zone
boundary
-
8 m from any other
lot line
Trailer site regulations:
-
Minimum area -
185 sq. m
-
Maximum density
- 30 sites per ha of
lot area
-
Minimum frontage
- 10 m
-
Vehicular access -
each site shall be
accessible by
means of a
driveway at least
3.7 m wide where
the driveway is for
one-way traffic, or
at least 8 m wide
where the
driveway is for
two-way traffic
Municipality of Chatham-Kent
- 100 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.9
Recreational and Lakeside Residential Zone (RLR)
5.9.1 Uses Permitted
No person shall, within any RLR Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Cottage
(b)
Single Detached Dwelling
(c)
One Bunkie, accessory to a Single Detached Dwelling or Cottage
5.9.2 Regulations
Each use permitted in a Recreational and Lakeside Residential Zone (RLR) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 101 -
Comprehensive Zoning By-law
Approved December 14, 2009
Recreational and Lakeside Residential Zone (RLR)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RLR Recreational and Lakeside Residential - See Section 5.9 of this By-law
Single
Detached
Dwelling;
Cottage
2,000 sq. m
30 m
9 m
3 m
6 m
10 m
30%
One single
detached
dwelling or
one cottage
N/A
11 m
Water Access
Only Cottages
300 sq. m
10 m
2 m
1 m on one
side;
3 m on the
other side
N/A
6 m
adjacent to
water;
2 m in
other case
60%
Maximum gross floor
area - 20 sq. m
Municipality of Chatham-Kent
- 102 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.10
Urban Commercial Zone (UC)
5.10.1 Uses Permitted
No person shall, within any UC Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
UC(LC) Local Commercial
a)
Child Care Centre
b)
Mixed Use Commercial/Residential Building
c)
Retail Store - Convenience
(b)
UC(OS) Office and Service
a)
Adult Secondary School
b)
Apartment Dwelling
c)
Call Centre
d)
Child Care Centre
e)
Church
f)
Clinic
g)
Commercial School
h)
Converted Dwellings
i)
Cultural Facility
j)
Funeral Home
k)
Mixed Use Commercial/Residential Building
l)
Office
m)
Parking Area
n)
Parking Lot
o)
Single Detached Dwelling
p)
Temporary Care Facility
(c)
UC(NC) Neighbourhood Commercial
a)
Bake Shop
b)
Bank/Financial Institution
c)
Call Centre
d)
Child Care Centre
e)
Church
f)
Clinic
g)
Cultural Facility
h)
Dry Cleaning Establishment
i)
Eating Establishment
j)
Eating Establishment - Take Out
k)
Furniture Store
l)
Laundromat
m)
Office
n)
Personal Service Establishment
o)
Pet Shop
p)
Print Shop
Municipality of Chatham-Kent
- 103 -
Comprehensive Zoning By-law
Approved December 14, 2009
q)
Retail Store
r)
Retail Store - Convenience
s)
Service or Repair Shop
t)
Shopping Centre
u)
Temporary Care Facility
(d)
UC(HC1) Highway Commercial First Density
a)
Adult Secondary School
b)
Agricultural Service and Supply Establishment
c)
Assembly Hall
d)
Automobile Repair Shop
e)
Automobile Sales and Service Establishment
f)
Automobile Service Station
g)
Bake Shop
h)
Bank/Financial Institution
i)
Beer/Liquor Store
j)
Builder's Supply Yard
k)
Call Centre
l)
Car Wash, Automatic
m)
Car Wash, Manual
n)
Child Care Centre
o)
Church
p)
Clinic
q)
Clinic, Veterinary
r)
Club, Private
s)
Commercial Entertainment and Recreational Establishment
t)
Commercial School
u)
Contractor's Yard
v)
Cultural Facility
w)
Dry Cleaning Establishment
x)
Eating Establishment
y)
Eating Establishment - Take Out
z)
Funeral Home
aa)
Furniture Store
bb)
Gas Bar
cc)
Hotel/Motel
dd)
Laundromat
ee)
Mixed Use Commercial/Residential Building
ff)
Nursery
gg)
Office
hh)
Personal Service Establishment
ii)
Pet Shop
jj)
Print Shop
kk)
Public Storage
ll)
Rental Establishment
mm)
Retail Store
nn)
Retail Store - Convenience
oo)
Service or Repair Shop
pp)
Service Trade Establishment
qq)
Tavern
rr)
Taxi Establishment
Municipality of Chatham-Kent
- 104 -
Comprehensive Zoning By-law
Approved December 14, 2009
ss)
Temporary Care Facility
tt)
Warehouse
uu)
Wholesale Establishment
(e)
UC(HC2) Highway Commercial Second Density
a)
Adult Secondary School
b)
Bake Shop
c)
Bank/Financial Institution
d)
Beer/Liquor Store
e)
Call Centre
f)
Child Care Centre
g)
Clinic
h)
Commercial School
i)
Cultural Facility
j)
Dry Cleaning Establishment
k)
Eating Establishment
l)
Eating Establishment - Take Out
m)
Furniture Store
n)
Laundromat
o)
Mixed Use Commercial/Residential Building
p)
Office
q)
Personal Service Establishment
r)
Pet Shop
s)
Print Shop
t)
Public Storage
u)
Rental Establishment
v)
Retail Store
w)
Retail Store - Convenience
x)
Service or Repair Shop
y)
Temporary Care Facility
(f)
UC(CC ) Community Commercial
a)
Assembly Hall
b)
Automobile Repair Shop
c)
Automobile Sales and Service Establishment
d)
Automobile Service Station
e)
Bake Shop
f)
Bank/Financial Institution
g)
Beer/Liquor Store
h)
Call Centre
i)
Car Wash, Automatic
j)
Car Wash, Manual
k)
Child Care Centre
l)
Church
m)
Clinic
n)
Clinic, Veterinary
o)
Club, Private
p)
Commercial Entertainment and Recreational Establishment
q)
Cultural Facility
r)
Dry Cleaning Establishment
Municipality of Chatham-Kent
- 105 -
Comprehensive Zoning By-law
Approved December 14, 2009
s)
Eating Establishment
t)
Eating Establishment - Take Out
u)
Funeral Home
v)
Furniture Store
w)
Gas Bar
x)
Hotel
y)
Laundromat
z)
Nursery
aa)
Mixed Use Commercial/Residential Building
bb)
Office
cc)
Parking Commercial Area
dd)
Personal Service Establishment
ee)
Pet Shop
ff)
Print Shop
gg)
Rental Establishment
hh)
Retail Store
ii)
Retail Store - Convenience
jj)
Service or Repair Shop
kk)
Service Trade Establishment
ll)
Shopping Centre
mm)
Tavern
nn)
Temporary Care Facility
oo)
Warehouse
pp)
Wholesale Establishment
(g)
UC(DC ) District Commercial
a)
Automobile Repair Shop
b)
Automobile Sales and Service Establishment
c)
Automobile Service Station
d)
Bake Shop
e)
Bank/Financial Institution
f)
Beer/Liquor Store
g)
Bus Depot
h)
Call Centre
i)
Child Care Centre
j)
Church
k)
Clinic
l)
Commercial Entertainment and Recreational Establishment
m)
Cultural Facility
n)
Department Store Type Merchandise (DSTM)
o)
Dry Cleaning Establishment
p)
Eating Establishment
q)
Eating Establishment - Take Out
r)
Furniture Store
s)
Gas Bar
t)
Laundromat
u)
Nursery
v)
Office
w)
Parking Lot
x)
Personal Service Establishment
y)
Pet Shop
Municipality of Chatham-Kent
- 106 -
Comprehensive Zoning By-law
Approved December 14, 2009
z)
Retail Store
aa)
Retail Store - Convenience
bb)
Service or Repair Shop
cc)
Service Trade Establishment
dd)
Shopping Centre
ee)
Supermarket
ff)
Tavern
gg)
Temporary Care Facility
(h)
UC(CBD) Central Business District
a)
Adult Secondary School
b)
Apartment Dwelling
c)
Assembly Hall
d)
Bake Shop
e)
Bank/Financial Institution
f)
Beer/Liquor Store
g)
Bus Depot
h)
Call Centre
i)
Child Care Centre
j)
Church
k)
Clinic
l)
Club, Private
m)
Commercial Entertainment and Recreational Establishment
n)
Commercial School
o)
Cultural Facility
p)
Department Store Type Merchandise (DSTM)
q)
Dry Cleaning Establishment
r)
Eating Establishment
s)
Eating Establishment - Take Out
t)
Funeral Home
u)
Furniture Store
v)
Hotel
w)
Mixed Use Commercial/Residential Building
x)
Office
y)
Parking Area
z)
Parking Lot
aa)
Personal Service Establishment
bb)
Pet Shop
cc)
Post-Secondary School
dd)
Print Shop
ee)
Rental Establishment
ff)
Retail Store
gg)
Retail Store - Convenience
hh)
Service or Repair Shop
ii)
Service Trade Establishment
jj)
Shopping Centre
kk)
Supermarket
ll)
Tavern
mm)
Temporary Care Facility
Municipality of Chatham-Kent
- 107 -
Comprehensive Zoning By-law
Approved December 14, 2009
(i)
UC(PC) Power Centre
a) Automobile Service Station
b) Bank/Financial Institution
c)
Child Care Centre
d) Clinic
e) Commercial Entertainment and Recreational Establishment, excluding a
Cinema
f)
Cultural Facility
g) Department Store Type Merchandise (DSTM)
h) Department Store Type Merchandise (Non) (NON-DSTM)
i)
Dry Cleaning Establishment
j)
Eating Establishment
k)
Eating Establishment - Take Out
l)
Gas Bar
m) Home Improvement Related Merchandise Store (HIRM)
n) Laundromat
o) Nursery
p) Office
q) Personal Service Establishment
r)
Rental Establishment
s)
Service or Repair Shop
t)
Supermarket
u) Tavern
v)
Temporary Care Facility
5.10.2 Regulations
Each use permitted in an Urban Commercial Zone (UC) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 108 -
Comprehensive Zoning By-law
Approved December 14, 2009
Urban Commercial Zone (UC)
Permitted Uses
Lot Area
Minimum
Lot Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior
Side Yard
Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Max.
Density
per Lot
Landscaped
Open Space
Minimum
Max.
Building
Height
Other Provisions
UC Urban Commercial - See Section 5.10 of this By-law
UC(LC) - Local
Commercial
464.5 sq. m
15.24 m
7.62 m
3.05 m abutting
a Residential
Zone
Classification
Interior corner
lot - 3.05 m
Corner lot
exterior
3.05 m
7.62 m
45%
N/A
N/A
3.96 m
Gross leasable area: maximum
is 278.7 sq. m
UC(OS) - Office
and Service
464.5 sq. m
15.24 m,
22.86 m for a
Church;
30.48 m for
Funeral
Home
7.62 m
Interior and
interior corner
lot - 3.05 m
abutting a
Residential Zone
Classification
Corner lot
exterior
3.05 m
7.62 m
45%
N/A
N/A
10.67 m
UC(NC)
Neighbourhood
Commercial
Minimum
464.5 sq. m;
Maximum
3,994.7 sq. m
15.24 m;
22.66 m for a
Church
7.62 m
Interior and
interior corner
lot - 7.62 m
abutting a
Residential Zone
Classification
Corner lot
exterior -
3.05 m
7.62 m
45%
N/A
N/A
7..92 m;
except for
a Church -
15.24 m
Gross leasable area:
maximum for one
building is 1,486 sq. m;
Maximum for individual
store or unit is
499.8 sq. m
UC(HC1) -
Highway
Commercial
First Density
700 sq. m
22.86 m;
30.48 m for a
Funeral
Home
7.62 m
Interior and
interior corner
lot - 7.62 m
abutting a
Residential Zone
Classification
Corner lot
exterior
3.05 m
7.62 m
45%
N/A
N/A
7.92 m
except for
a Church -
15.24 m;
hotel/
motel -
no require-
ment
Retail store - maximum gross
floor area of
1,858 sq. m;
Municipality of Chatham-Kent
- 109 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted Uses
Lot Area
Minimum
Lot Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior
Side Yard
Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Max.
Density
per Lot
Landscaped
Open Space
Minimum
Max.
Building
Height
Other Provisions
UC(HC2) -
Highway
Commercial
Second Density
434.77 sq. m
NA
7.62 m
Interior and
interior corner
lot - 7.62 m
abutting a
Residential Zone
Classification
N/A
7.62 m if
abutting
Residential
Zone
Classificatio
n
45%
N/A
N/A
7.92 m
Retail store - maximum gross
floor area of
1,858 sq. m;
Gross leasable Area :
Maximum for one building is
929 sq. m;
UC(CC) -
Community
Commercial
N/A
Except for
automobile sales
and service
establishment
4047 sq. m
15.24 m;
30.48 m for
automobile
sales and
service
establishment
30.48 m for a
funeral home
or church;
7.62 m for a
hotel/motel
7.62 m
Interior and
interior corner
lot - 4.57 m
abutting
Residential Zone
Classification
Corner lot
exterior
3.05 m
7.62 m if
abutting a
Residential
Zone
Classificatio
n
50%
N/A
N/A
12.19 m
except for
the
following:
Church -
15.24 m;
hotel/
motel -
no require-
ment
Gross leasable Area :
Maximum for one building is
929 sq. m;
UC(DC) -
District
Commercial
N/A
N/A
7.62 m
Interior and
interior corner
lot 30.48 m
abutting a
Commercial or
Industrial Zone
Classification;
60.96 m abutting
a Residential
Zone
Classification
Corner lot
exterior
15.24 m
7.62 m
abutting a
Commercial
or Industrial
Zone
Classificatio
n;
15.24 m
abutting a
Residential
Zone
Classificatio
n
50%
N/A
N/A
N/A
Gross leasable area:
Maximum 25,083 sq. m
Municipality of Chatham-Kent
- 110 -
Comprehensive Zoning By-law
Approved December 14, 2009
Permitted Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior
Side Yard
Width
Minimum
Rear Yard Depth
Minimum
Lot
Coverage
Maximum
Max.
Density
per Lot
Landscaped
Open Space
Minimum
Max.
Building
Height
Other Provisions
UC(CBD) -
Central Business
District
N/A
N/A
N/A
Interior and
interior corner
lot - 7.62 m
abutting a
Residential Zone
Classification
N/A
7.62 m abutting
a Residential
Zone
Classification
N/A
N/A
N/A
N/A
UC(PC) - Power
Centre
Commercial
N/A
N/A
7.62 m
Interior and
interior corner
lot 30.48 m
abutting a
Commercial or
Industrial Zone
Classification;
60.96 m abutting
a Residential
Zone
Classification
Corner lot
exterior
15.24 m
7.62 m abutting
a Residential
Zone
Classification
50%
N/A
N/A
7.92 m
Notwithstanding any
provision of this By-
law:
- Minimum size for each
individual store or unit
is 499.8 sq. m
-the lands subject to this
Zone shall be deemed to
be one lot for zoning
purposes
-parking is permitted in
any required setback
-no off-street loading
requirements apply
-one parking space per
20.44 sq. m of gross
floor area
Municipality of Chatham-Kent
- 111 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.11
Village Commercial Zone (VC)
5.11.1 Uses Permitted
No person shall, within any VC Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Assembly Hall
(b)
Automobile Repair Shop
(c)
Automobile Service Station
(d)
Bank/Financial Institution
(e)
Bed and Breakfast Establishments
(f)
Beer and Liquor Store
(g)
Child Care Centre
(h)
Clinic
(i)
Clinic, Veterinary
(j)
Club, Private
(k)
Commercial Entertainment and Recreational Establishment
(l)
Dwelling Accessory
(m)
Eating Establishment
(n)
Eating Establishment -Take Out
(o)
Existing Single Detached Dwelling
(p)
Funeral Home
(q)
Gas Bar
(r)
Mixed-use Commercial/Residential building
(s)
Nursery
(t)
Nursing Home
(u)
Office
(v)
Personal Service Establishment
(w)
Printing Establishment
(x)
Public Storage
(y)
Retail Store
(z)
Retail Store - Convenience
(aa)
Service or Repair shop
Municipality of Chatham-Kent
- 112 -
Comprehensive Zoning By-law
Approved December 14, 2009
(bb)
Small Rental Dwelling Unit, Large Rental Dwelling Unit
(cc)
Tavern
5.11.2 Regulations:
Each use permitted in a Village Commercial Zone (VC) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 113 -
Comprehensive Zoning By-law
Approved December 14, 2009
Village Commercial Zone (VC)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
VC Village Commercial - See Section 5.11 of this By-law
Uses
permitted in a
VC Zone
450 sq. m
minimum
with
Municipal
water supply
and sanitary
sewers;
1,350 sq. m
minimum
with
Municipal
water supply
only;
2,500 sq. m
minimum
without
Municipal
water supply
and without
sanitary
sewers
15 m
10 m
3 m
3 m
8 m
N/A
Gross floor
area -
25% of lot
area
20%
11 m
Municipality of Chatham-Kent
- 114 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.12
Tourism Commercial Zone (TC)
5.12.1 Uses Permitted
No person shall, within any TC Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Campground
(b)
Dwelling Accessory
(c)
Eating Establishment
(d)
Hotel
(e)
Hunting and Fishing Outfitter and Guide Services
(f)
Lodge
(g)
Marina
(h)
Marine Facility
(i)
Outdoor Recreational Facilities and areas including, but not limited to, trail
systems and nature preserve
(j)
Tavern
(k)
Cottage
(l)
Park Model Trailer
5.12.2 Regulations
Each use permitted in a Tourism Commercial Zone (TC) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 115 -
Comprehensive Zoning By-law
Approved December 14, 2009
Tourism Commercial Zone (TC)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
TC Tourism Commercial - See Section 5.12 of this By-law
Uses
permitted in a
TC Zone
2,500 sq. m
minimum
with no
Municipal
sanitary
sewers;
1,350 sq. m
minimum
with no
Municipal
water and
sanitary
sewers
20 m
10 m
3 m
8 m
8 m
N/A
Gross floor
area -
25% of lot
area
20%
11 m
Campgrounds:
-every campground shall
be divided into
identified camp sites;
each camp site shall
have a minimum width
along a driveway of 9 m
-no travel trailer, tent
trailer, tent or other
transportable
accommodation, nor any
accessory attached
hereto shall be situated
closer than 4 m to any
other accommodation or
attachment
Rental Cabins and
Cottages:
-every rental cabin and
cottage shall have
devoted to it a site of not
less than 200 sq. m in
area, exclusive of any
area required for private
septic systems;
-no two rental cabins or
cottages shall be
constructed closer than
4 m from each side
Municipality of Chatham-Kent
- 116 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.13
Rural Highway Commercial Zone (RHC)
5.13.1 Uses Permitted
No person shall, within any RHC Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Agricultural Service Establishment
(b)
Agricultural Supply Establishment
(c)
Automobile Repair Shop
(d)
Automobile Sales and Service Establishment
(e)
Automobile Service Station
(f)
Dwelling Accessory
(g)
Eating Establishment
(h)
Eating Establishment Drive-in
(i)
Eating Establishment Take-out
(j)
Furniture Store
(k)
Gas Bar
(l)
Hotel/Motel
(m)
Nursery
(n)
Office
(o)
Public Storage
(p)
Recreation Establishment
(q)
Rental Establishment
(r)
Retail Store
(s)
Retail Store - Convenience
(t)
Service or Repair Shop
(u)
Service Trade Establishment
(v)
Tavern
(w)
Wholesale Establishment
5.13.2 Regulations
Each use permitted in a Rural Highway Commercial Zone (RHC) is subject to:
(a)
the regulations in Section 4;
Municipality of Chatham-Kent
- 117 -
Comprehensive Zoning By-law
Approved December 14, 2009
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 118 -
Comprehensive Zoning By-law
Approved December 14, 2009
Rural Highway Commercial Zone (RHC)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
RHC Rural Highway Commercial - See Section 5.13 of this By-law
Uses
permitted in a
RHC Zone
950 sq. m
30 m
15 m
7.62 m
7.62 m
7.62 m
45%
N/A
20%
11 m
Retail store - maximum
gross floor area of
1,858 sq. m
Municipality of Chatham-Kent
- 119 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.14
General Industrial Zone (M1)
5.14.1 Uses Permitted
No person shall, within any MI Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Agricultural Implements Sales and Service Establishment
(b)
Animal Grooming
(c)
Asphalt and Concrete Batching Plant
(d)
Assembly Hall
(e)
Automobile Body Shop
(f)
Automobile Repair Shop
(g)
Automobile Sales and Service Establishment
(h)
Automobile Service Station
(i)
Builder's Supply Yard
(j)
Bulk Fuel Storage
(k)
Call Centre
(l)
Car Wash, Automatic
(m)
Car Wash, Manual
(n)
Commercial Entertainment and Recreational Establishment
(o)
Commercial School
(p)
Construction/Industrial Equipment Sales and Service Establishment
(q)
Contractor's Yard
(r)
Courier Service
(s)
Dry Cleaning Establishment
(t)
Eating Establishment
(u)
Eating Establishment - Drive-in
(v)
Eating Establishment - Take-out
(w)
Factory Outlet
(x)
Garage, Public
(y)
Gas Bar
(z)
Grain Elevator or other Storage Facility for Farm Produce
(aa)
Industrial Mall
Municipality of Chatham-Kent
- 120 -
Comprehensive Zoning By-law
Approved December 14, 2009
(bb)
Industrial Use, which is not noxious
(cc)
Laboratory or Scientific Research Facility
(dd)
Nursery
(ee)
Office
(ff)
Public Storage
(gg)
Rental Establishment
(hh)
Service or Repair Shop
(ii)
Service Trade Establishment
(jj)
Taxi Establishment
(kk)
Towing Establishment
(ll)
Train Depot
(mm) Truck Terminal
(nn)
Warehouse
(oo)
Wholesale Business with Accessories Retail Business
5.14.2 Regulations:
Each use permitted in a General Industrial Zone (MI) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 121 -
Comprehensive Zoning By-law
Approved December 14, 2009
General Industrial Zone (M1)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
M1 General Industrial - See Section 5.14 of this By-law
Uses
permitted in a
M1 Zone
N/A
30 m
9 m
3 m or 7.6 m
if abutting a
Residential
Zone
3 m or 7.6 m
if abutting a
Residential
Zone
7.6 m or
15 m
if abutting
a
Residential
Zone
60%
N/A
10%
N/A
Open storage:
15%of lot area
On site retail:
20% of gross floor area
for retail sale of
products manufactured
and/or warehoused on
premises
Municipality of Chatham-Kent
- 122 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.15
Extractive Industrial Zone (M2)
5.15.1 Uses Permitted
No person shall, within any M2 Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Agricultural Uses, but not including structure
(b)
Asphalt and Concrete Batching Plant
(c)
Buildings, Structures and Uses accessory to the foregoing, unless
specifically prohibited
(d)
Open storage of equipment and material
(e)
Pits and Quarries as defined and licensed by the Aggregate Resources
Act, as amended from time to time
(f)
Processing of Extracted Materials from the site including crushing,
screening, washing, sorting and storing materials
5.15.2 Regulations
Each use permitted in an Extractive Industrial Zone (M2) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 123 -
Comprehensive Zoning By-law
Approved December 14, 2009
Extractive Industrial Zone (M2)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
M2 Extractive Industrial - See Section 5.15 of this By-law
Uses
permitted in a
M2 Zone
N/A
N/A
20 m
20 m
20 m
20 m
10%
N/A
N/A
30 m
No pit excavation shall
be closer than 30 m
to a street line or
Residential Zone;
2 m to any property
line, top of bank, natural
water course, or open
drain
Municipality of Chatham-Kent
- 124 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.16
Salvage Yard Industrial Zone (M3)
5.16.1 Uses Permitted
No person shall, within any M3 Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Automotive Wrecking Establishment
(b)
Buildings, Structures and Uses accessory to the foregoing uses, unless
specifically prohibited.
(c)
Existing Single Detached Dwelling owned and occupied by the operator
of the aforementioned permitted uses
(d)
Existing Waste Disposal Site
(e)
Salvage Yard
5.16.2 Regulations
Each use permitted in a Salvage Yard Industrial Zone (M3) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 125 -
Comprehensive Zoning By-law
Approved December 14, 2009
Salvage Yard Industrial Zone (M3)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
M3 Salvage Yard Industrial - See Section 5.16 of this By-law
Uses
permitted in a
M3 Zone
0.8 ha
30 m
20 m from
limit of road
right-of-way
for accessory
dwelling;
30 m for all
salvage piles
and accessory
facilities
10 m for all
salvage piles
and accessory
facilities
20 m for
accessory
dwelling and
fencing;
30 m for all
salvage piles
10 m for
all salvage
piles and
accessory
facilities
N/A
N/A
10%
11 m
Pile height:
no salvage shall be piled
in excess of required
fence height
Open storage:
The provisions of
Section 4 apply;
a planting strip shall not
be used in place of
fencing;
minimum fence height
shall be 2.44 m;
salvage piles shall not be
located closer than 10 m
from required fencing
Municipality of Chatham-Kent
- 126 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.17
Prestige Industrial Zone (M4)
5.17.1 Uses Permitted
No person shall, within any M4 Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Accessory Retail Store not exceeding 10% of the gross floor area of the
building containing the permitted light industrial or warehousing use
(b)
Advanced Technology Industry
(c)
Automobile Sales and Service Establishment, Commercial
(d)
Buildings and Administrative Office Uses accessory to a permitted use
(e)
Business Support Service
(f)
Call Centre
(g)
Industrial Mall
(h)
Laboratory or Scientific Research Facility
(i)
Office
(j)
Warehouse
(k)
Construction/Industrial Equipment Sales and Service Establishment
(l)
Courier Service
(m)
Industrial Use, which is not noxious
(n)
Service Trade Establishment
(o)
Truck Terminal
(p)
Wholesale Business with Accessory Retail Business
5.17.2 Regulations
Each use permitted in a Prestige Industrial (M4) Zone is subject to:
a) the regulations in Section 4;
b) the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 127 -
Comprehensive Zoning By-law
Approved December 14, 2009
Prestige Industrial Zone (M4)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
M4 Prestige Industrial - See Section 5.17 of this By-law
Uses
permitted in a
M4 Zone
N/A
N/A
25 m
3 m
5 m
7.5 m
60%
N/A
20%
5-storeys
Outdoor storage: The
storage of goods and
materials outdoor of any
building shall be
permitted in accordance
with the following
provisions:
1. Open storage shall
only be located in the
rear yard of a lot.
2. Open storage shall be
enclosed by a
landscaped berm and
fence and designed so
that the storage area is
not visible from a street
adjoining the lot or
along any line of sight
that is perpendicular to
the street.
3. Open storage shall
comply with the yard
requirements.
Exterior Side Yard
Depth Minimum on
Seventh Line West - 25
m
Municipality of Chatham-Kent
- 128 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.18
Light Industrial Zone (M5)
5.18.1 Uses Permitted
No person shall, within any M5 Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following M6 uses, namely:
(a)
Accessory Retail Store not exceeding 10% of the gross floor area of the
building containing the permitted light industrial or warehousing use
(b)
Advanced Technology Industry
(c)
Automobile Sales and Service Establishment, Commercial
(d)
Buildings and Administrative Office Uses accessory to a permitted use
(e)
Business Support Service
(f)
Call Centre
(g)
Industrial Mall
(h)
Laboratory or Scientific Research Facility
(i)
Office
(j)
Warehouse
(k)
Construction/Industrial Equipment Sale and Service Establishment
(l)
Courier Service
(m)
Industrial Use, which is not noxious
(n)
Service Trade Establishment
(o)
Truck Terminal
(p)
Wholesale Business with Accessory Retail Business
5.18.2 Regulations
Each use permitted in a Light Industrial Zone (M5) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 129 -
Comprehensive Zoning By-law
Approved December 14, 2009
Light Industrial Zone (M5)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
M5 Light Industrial Zone - See Section 5.18 of this By-law
Uses
permitted in a
M5 Zone
N/A
N/A
9 m
3 m
5 m
7.5 m
60%
N/A
10%
15 m
Outdoor storage:
the storage of goods and
materials outdoor of any
building shall be
permitted in accordance
with the following
provisions :
-open storage shall only
be located in the rear
yard of a lot;
-open storage shall be
enclosed by a
landscaped berm and
fence and designed so
that the storage area is
not visible from a street
adjoining the lot or
along any line of sight
that is perpendicular to
the street, and
-open storage shall
comply with the yard
requirements
Municipality of Chatham-Kent
- 130 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.19
Rural Industrial Zone (MR)
5.19.1 Uses Permitted
No person shall, within any MR Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Agricultural Industrial Establishment
(b)
Agricultural Processing Establishment
(c)
Agricultural Service Establishment
(d)
Agricultural Supply Establishment
(e)
Clinic, Veterinary
(f)
Dwelling Accessory
(g)
Feed or Flour Mill
(h)
Grading Station for farm product
(i)
Grain Elevator or other Storage Facility for farm produce
(j)
Industrial Use - If a municipal water supply is not available, only a Dry
Industry shall be permitted
(k)
Nursery
(l)
Public Storage
(m)
Retail Store engaged in the sale of farm produce
(n)
Service Trade Establishment primarily serving the rural community
(o)
Truck Terminal
(p)
Warehouse
(q)
Uses and Buildings accessory to the above permitted uses
5.19.2 Regulations
Each use permitted in a Rural Industrial Zone (MR) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 131 -
Comprehensive Zoning By-law
Approved December 14, 2009
Rural Industrial Zone (MR)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
MR Rural Industrial - See Section 5.19 of this By-law
Uses
permitted in a
MR Zone
1,390 sq. m
30 m
15 m
3 m
15 m
7 m
35%
N/A
10%
20 m
Maximum outdoor
storage 40% of lot area
subject to Section 4.0 of
this By-law
Municipality of Chatham-Kent
- 132 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.20
Institutional Zone (I)
5.20.1 Uses Permitted
No person shall, within any I Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Arena
(b)
Art Gallery
(c)
Assembly Hall
(d)
Auditorium
(e)
Cemetery
(f)
Child Care Centre
(g)
Church
(h)
Clinic
(i)
Club, Private
(j)
Dwelling Senior Citizen
(k)
Hospital
(l)
Institutional Use
(m)
Library
(n)
Museum
(o)
Nursing Home
(p)
Uses and Buildings Accessory to the permitted uses
5.20.2 Regulations
Each use permitted in an Institutional (I) Zone is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 133 -
Comprehensive Zoning By-law
Approved December 14, 2009
Institutional Zone (I)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
I Institutional - See Section 5.20 of this By-law
Uses
permitted in
an (I) Zone
N/A
30 m
8 m
3 m
8 m
7 m
40%
N/A
30%
11 m
Municipality of Chatham-Kent
- 134 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.21
Agricultural Zone (A1)
5.21.1 Uses Permitted
No person shall, within any A1 Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Agricultural Use, excluding a residential dwelling on a lot created as a
result of a consent to sever a dwelling, after January 1, 2006, with an
area greater than 0.8 ha.
(b)
Agricultural Use
(c)
Bed and Breakfast Establishment
(d)
Bunkhouse accessory to an Agricultural Use
(e)
Conservation
(f)
Existing Churches, Cemeteries and Assembly Halls
(g)
Existing Dwelling
(h)
Existing Mobile Home
(i)
Existing pit operation as defined and licensed by the Aggregate
Resources act, as amended from time to time
(j)
Farm Sales Outlet
(k)
Farm, Specialized
(l)
Farm Vacation Establishment
(m)
Forestry or woodlots
(n)
Greenhouse Farm
(o)
Greenhouse Farm Large-Scale
(p)
Greenhouse Large-Scale
(q)
Kennel
(r)
Preservation of Wildlife and Fisheries
(s)
Single Detached Dwelling or a Mobile Home accessory to an agricultural
use
(t)
Single Detached Dwelling on an existing lot
(u)
Single Detached Dwelling on a lot created as a result of a Consent, after
January 1, 2006, with an area of 0.8 ha. or less
(v)
Notwithstanding the foregoing, the maximum number of residential
dwellings accessory to an agricultural use shall be one (1)
Municipality of Chatham-Kent
- 135 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.21.2 Regulations
Each use permitted in an Agricultural Zone (A1) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure;
Municipality of Chatham-Kent
- 136 -
Comprehensive Zoning By-law
Approved December 14, 2009
Agricultural Zone (A1)
Permitted
Uses
Lot Area
Minimum
Lot Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior
Side Yard
Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
A1 Agricultural - See Section 5.21 of this By-law
Single
Detached
Dwelling,
Small Rental
Dwelling
Unit, Large
Rental
Dwelling Unit
N/A
N/A
12.0 m
3.0 m
6.0 m
8.0 m
30%
One single
detached
dwelling
N/A
11.0 m
Uses
permitted in
an A1 Zone
Agricultural
and accessory
uses 20 ha;
other uses
2,000 sq. m
Agricultural
and accessory
uses 60 m;
other uses
30 m
20 m
4 m
20 m
4 m
Agriculture
10%
Other uses
30%
N/A
Non-
agricultural
uses 30%
20 m
One (1) accessory single
detached dwelling, and not
more than one (1) mobile
home accessory to such
agricultural use shall be
permitted on a lot with a
minimum lot area of 20 ha.
Municipality of Chatham-Kent
- 137 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.22
Open Space Zone (OS1)
5.22.1 Uses Permitted
No person shall, within any OS1 Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Buildings and Uses accessory to the permitted uses
(b)
Cemetery
(c)
Club, Private
(d)
Golf Course
(e)
Conservation
(f)
Golf Driving Range
(g)
Recreational Use
(h)
Public Park
5.22.2 Regulations
Each use permitted in the Open Space Zone (OS1) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 138 -
Comprehensive Zoning By-law
Approved December 14, 2009
Open Space Zone (OS1)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
OS1 Open Space - See Section 5.22 of this By-law
Uses
permitted in
an OS1 Zone
N/A
N/A
15 m
8 m
15 m
8 m
25%
N/A
50%
11 m
Municipality of Chatham-Kent
- 139 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.23
Hazard Land Zone (Floodplain and Wetland) (HL)
5.23.1 Uses Permitted
No person shall, within any HL Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Existing Agricultural excluding any buildings or structures
(b)
Buildings and Uses accessory to the permitted uses
(c)
Conservation
(d)
Existing Dwelling
(e)
Flood and Erosion Control
(f)
Forestry or Woodlots
(g)
Outdoor Recreational Use - limited to hunting and fishing
(h)
Preservation of Wildlife and Fisheries
5.23.2 Regulations
Each use permitted in the Hazard Land Zone (HL) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 140 -
Comprehensive Zoning By-law
Approved December 14, 2009
Hazard Land Zone (HL)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
HL Hazard Land - See Section 5.23 of this By-law
Uses
permitted in a
HL Zone
N/A
N/A
20 m
8 m
20 m
20 m
1%
N/A
N/A
11 m
Municipality of Chatham-Kent
- 141 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.24
Deferred Development Zone (D)
5.24.1 Uses Permitted
No person shall, within any D Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Agricultural Uses, but excluding specialized farms for the raising of
poultry, mushrooms, furs, hatcheries and greenhouses, kennels,
piggeries or the raising of hogs
(b)
Buildings and Uses accessory to the foregoing permitted uses excluding
new dwellings
(c)
Buildings and Uses lawfully existing on the date of passing of this By-law.
5.24.2 Regulations
Each use permitted in a Deferred Development Zone (D) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 142 -
Comprehensive Zoning By-law
Approved December 14, 2009
Deferred Development Zone (D)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
D Deferred Development - See Section 5.24 of this By-law
Uses
permitted in a
D Zone
4 ha
125 m
25 m
15 m
25 m
15 m ;
except
where
abutting a
street -
25 m
1%
N/A
N/A
For
accessory
dwelling -
11 m
Outdoor storage:
prohibited;
Lot depth (minimum) -
120 m
Gross floor area
(minimum) - 900 sq. m
Municipality of Chatham-Kent
- 143 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.25
Airport Zone (AP)
5.25.1 Uses Permitted
No person shall, within any AP Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
A Commercial Airport together with accessory uses restricted to:
i)
Airport Terminal
ii)
Car Rental Agencies
iii)
Eating Establishment
iv)
Offices of an Airport
v)
Repair and Service to Airplanes
vi)
Storage of Airplanes
vii)
Warehousing
viii)
Industrial and Commercial Uses ancillary to an Airport
ix)
Other Industrial and Commercial Uses directly related to Aviation
and/or an Airport
5.25.2 Regulations
Each use permitted in an Airport Zone (AP) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 144 -
Comprehensive Zoning By-law
Approved December 14, 2009
Airport Zone (AP)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
AP Airport - See Section 5.25 of this By-law
Uses
permitted in
an AP Zone
N/A
30 m
15 m
6 m abutting
non-
residential
uses;
7.5 m
abutting
residential
uses;
3 m
abutting
industrial uses
15 m
10.5 m
abutting
non-
residential
uses;
15 m
abutting
residential
uses;
4.5 m
abutting
industrial
uses
50%
N/A
5%
20 m
Municipality of Chatham-Kent
- 145 -
Comprehensive Zoning By-law
Approved December 14, 2009
5.26
Landfill Zone (LF)
5.26.1 Uses Permitted
No person shall, within any LF Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
Buildings, Structures and Uses accessory to the permitted uses but
excluding incineration or dwellings
(b)
Composting Facility
(c)
Landfilling
(d)
Material Recovery Facility
(e)
Soil Remediation Facility
(f)
Wood Chipping Facility
(g)
Agricultural Uses
5.26.2 Regulations
Each use permitted in a Landfill Zone (LF) is subject to:
(a)
the regulations in Section 4;
(b)
the regulations detailed in the following Performance Standard Chart
applicable to the zone; and
(c)
any exceptions referred to in Schedule "B" applicable to the land, building
or structure.
Municipality of Chatham-Kent
- 146 -
Comprehensive Zoning By-law
Approved December 14, 2009
Landfill Zone (LF)
Permitted
Uses
Lot Area
Minimum
Lot
Frontage
Minimum
Front Yard
Depth
Minimum
Interior Side
Yard Width
Minimum
Exterior Side
Yard Width
Minimum
Rear Yard
Depth
Minimum
Lot
Coverage
Maximum
Maximum
Density per
Lot
Landscaped
Open Space
Minimum
Maximum
Building
Height
Other Provisions
LF Landfill - See Section 5.26 of this By-law
Uses
permitted in a
LF Zone
N/A
N/A
100 m
100 m
100 m
100 m
N/A
N/A
20%
30 m
Schedule A
Zoning Maps
*Zoning Mapping on Chatham-Kent Web
Schedule B
Exceptions to Zones
Schedule C
Road Classifications
Schedule D
Parking Exempt Areas
Schedule E
Flood Proofing and Flood Fringe Areas
Schedule F
Wallaceburg Flight Path Height Limits