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Municipality of
Clarington
Zoning By-law
2005-109
For lands within the
Oak Ridges Moraine
June 2005
Last revised December 2010
TABLE OF CONTENTS
INTRODUCTION
-i-
ORGANIZATION OF THE ZONING BY-LAW
-i-
Part I - Scope And Interpretation
-i-
Part II - General Provisions
-i-
Part III - Zone Categories
-ii-
Part IV - Schedules
-ii-
HOW TO USE THE TABLES
-iii-
Permitted Use Tables
-iii-
Regulation Tables
-iii-
Exception Zones
-iv-
Non-Conforming Uses
-iv-
1.0 SCOPE OF BY-LAW
1-1
1.1 Title
1-1
1.2 Purpose
1-1
1.3 Legislative Authority
1-1
1.4 Area Of Applicability
1-1
1.5 Contents of By-Law
1-1
1.6 Effective Date
1-2
1.7 Repeal of Previous By-laws
1-2
1.8 Use of Land, Buildings or Structures to Conform
1-2
1.9 Validity of By-law
1-2
1.10 Relation to other Government Requirements
1-3
2.0 INTERPRETATION OF BY-LAW
2-1
2.1 Zone Boundaries
2-1
2.2 Split Zoning
2-1
2.3 Permitted Uses
2-1
2.4 Regulations
2-2
2.5 Use of Singular and Plural
2-2
2.6 Measurements and Dimensions
2-2
2.7 Definitions
2-2
2.8 Floor Space Index
2-2
2.9 Meaning of Terms
2-3
2.10 Provincial Legislation
2-3
3.0 DEFINITIONS
3-1
4.0 GENERAL DEVELOPMENT PROVISIONS
4-1
4.1 Accessory Buildings, Structures and Uses
4-1
4.2 Attached Garages and Carports
4-3
4.3 Dwellings Below Grade
4.3
4.4 Frontage on a Street
4-4
4.5 Height of a Building or Structure
4-4
4.6 Holding (H) Symbols and Overlay Zones
4-5
4.7 Landscaped Area
4-6
4.8 Lots Deficient in Area and/or Frontage
4-7
4.9 Non-Conforming Buildings, Structures and Uses
4-7
4.10 Servicing Requirements
4-8
4.11 Visibility Triangles
4-8
4.12 Yards and Yard Setbacks
4-9
5.0 SPECIAL LAND USE PROVISIONS
5-1
5.1 Banking Machines and Postal Outlets
5-1
5.2 Bed and Breakfast
5-1
5.3 Crisis Care Facilities and Residential Care Facilities
5-2
5.4 Garage Sales
5-2
5.5 Home Industries
5-3
5.6 Home Occupations
5-4
5.7 In-House Apartment Dwellings
5-6
5.8 Model Homes, Temporary Sales Offices and Construction Uses
5-6
5.9 Portable Asphalt Plants
5-7
5.10 Public Use Exemptions
5-8
5.11 Special Events
5-9
5.12 Temporary Living Quarters
5-10
5.13 Use of Mobile Homes, Recreational Motor Vehicles and Recreational
Trailers as Dwellings
5-10
5.14 Wayside Pits and Quarries
5-10
5.15 Wind Turbines
5-10
6.0 OFF-STREET PARKING AND LOADING
6-1
6.1 Parking Spaces
6-1
6.2 Parking Space Requirements
6-3
6.3 Parking Area Location and Design Standards
6-6
6.4 Drive-Through Queue Aisle
6-7
6.5 Loading Spaces
6-8
6.6 Additions to or Change in Use of Buildings
6-10
6.7 Recreational Vehicle and Trailer Parking
6-10
7.0 URBAN RESIDENTIAL ZONE CATEGORY
7-1
8.0 RURAL SETTLEMENT ZONE CATEGORY
8-1
8.1 Zones
8-1
8.2 Permitted Uses
8-1
8.3 Regulations
8-1
8.4 Exception Zones
8-2
9.0 COMMERCIAL ZONE CATEGORY
9-1
9.1 Zones
9-1
9.2 Permitted Uses
9-1
9.3 Regulations
9-3
9.4 Exception Zones
9-5
10.0 INDUSTRIAL ZONE CATEGORY (RESERVED)
10-1
11.0 INSTITUTIONAL AND UTILITY ZONE CATEGORY
11-1
11.1 Zones
11-1
11.2 Permitted Uses
11-2
11.3 Regulations
11-2
12.0 OPEN SPACE ZONE CATEGORY
12-1
12.1 Zones
12-1
12.2 Permitted Uses
12-1
12.3 Regulations
12-2
12.4 Exception Zones
12-5
13.0 AGRICULTURAL ZONE CATEGORY
13-1
13.1 Zones
13-1
13.2 Permitted Uses
13-1
13.3 Regulations
13-2
14.0 AGGREGATE EXTRACTION ZONE CATEGORY
14-1
14.1 Zones
14-1
14.2 Permitted Uses
14-1
14.3 Regulations
14-1
15.0 TEMPORARY ZONES (RESERVED)
15-1
16.0 FUTURE DEVELOPMENT ZONES (RESERVED)
16-1
17.0 MAJOR RECREATIONAL ZONE CATEGORY
17-1
17.1 Zones
17-1
17.2 Permitted Uses and Regulations
17-1
GLOSSARY TO ZONES
v
-i-
INTRODUCTION
The purpose of this Forward is to assist the reader in the use of the Zoning By-law.
It provides an overview of how the By-law is organized, how to determine what a
particular property may be used for, and the zoning regulations that apply to that
property.
ORGANIZATION OF THE ZONING BY-LAW
The Zoning By-law is organized into four parts:
Part I - Scope and Interpretation
Sections 1 and 2 set out the provisions related to the administration, interpretation
and use of the By-law.
Definitions for terms that are used in the By-law are provided in Section 3. For a
few of the defined terms, the reader is directed to either Sections 4, 5 or 6 of the By-
law. In these cases, the definition is listed with the provisions or regulations that
apply to the defined term. For example, the definition of "visibility triangle" is found
in Section 4.11 together with the general development regulations that govern
visibility triangles.
Defined terms used in this By-law are indicated in italics. The definitions are listed
alphabetically in Section 3. Where part of a defined term is underlined, the reader is
referred to the underlined term in Section 3 to find the appropriate definition. For
example, to find the definition of gross commercial floor area, the reader would look
under the term floor area.
Part II - General Provisions
Sections 4, 5 and 6 outline the provisions that apply to all areas covered by the By-
law regardless of the zoning on a parcel of land. Section 4, General Development
Regulations, regulates such matters as accessory buildings and visibility triangles,
while Section 5, Special Land Uses Provisions, regulates uses such as home
occupations and temporary dwellings. Section 6, Off-Street Parking and Loading,
provides regulations governing the provision of off-street parking and loading. When
determining the permitted uses and the zoning regulations that apply to a specific
property, the general provisions in these three sections should be reviewed in
conjunction with the specific zone provisions for the property set out in Part III.
-ii-
Part III - Zone Categories
Sections 7 through to 17 set out the permitted uses and the regulations that govern
how properties within each zone may be used. The zones are grouped into the
following categories based on the type of use:
Section 7
Urban Residential Zone Category
Section 8
Rural Settlement Zone Category
Section 9
Commercial Zone Category
Section 10 Industrial Zone Category
Section 11 Institutional and Utility Zone Category
Section 12
Open Space Zone Category
Section 13
Agricultural Zone Category
Section 14
Aggregate Extraction Zone Category
Section 15
Temporary Zone Category
Section 16
Future Development Zone Category
Section 17
Major Recreation Zone Category
A zone category consists of the Parent Zone, Permitted Uses, and Regulations
followed by exceptions to the Parent Zone. The uses permitted for each of the zones
within a specific zone category and the regulations that apply to each of the zones,
are set out in tables and or text. The permitted uses and regulations for any
exception zones follow the main body of the parent zone. Within the Major
Recreation Zone Category, there are no Parent Zone uses or regulations
provided. The Major Recreation Zone Category is comprised only of zones specific
to a primary land use. Letters and numbers, both on the schedules and in the text
of this by-law identify these zones.
Part IV - Schedules
The Schedules contain the maps on which the specific zoning for individual
properties is shown. The mapping is organized as follows:
- Schedule E
Schedule E is divided into a number of smaller maps for ease of reference. Index
maps for each Schedule are provided to indicate which of the smaller maps a
property is located on. Street names and the lot lines for individual properties are
indicated on the Schedules to make it easier to determine the specific zone within
which a property is located.
The zones are illustrated on the Schedules through the use of colour specific to a
zone category and/or a zone symbol that consists of a letter and/or a number (e.g.
RS1). Exception zones are indicated by adding a hyphen and a number to the parent
zone symbol (e.g. RS1-1).
-iii-
HOW TO USE THE TABLES
Tables have been used in the Zoning By-law to present the provisions of the By-law
in a concise manner. Two types of tables are used - Permitted Use tables and
Regulation tables.
The following basic rules will help the reader interpret the tables:
1.
All regulations listed in a table are the minimum required, unless otherwise
specified in the table.
2.
All measurements in the table are provided in metric. The following
abbreviations are used:
"m"
means "metres"
"m2"
means "square metres"
"ha"
means "hectares".
3.
Notations are indicated with a subscript number in brackets (#). The notation
directs the reader to a specific condition that applies to the permitted use or
regulation. These notations are provided at the bottom of the table and are
considered to be part of the table.
Each type of table and its method of use are explained below.
Permitted Use Tables
These tables list the uses that are permitted in each zone. The individual zones are
listed across the top of the table, while specific uses are listed along the left side of
the table. Uses are grouped and are listed alphabetically within each group. As
described in the legend, the letter "P" beside a use indicates that the use is permitted
in the specified zone, while the symbol "~" indicates that the use is not permitted in
the specified zone. The letter "P" followed by a notation (#) indicates that a use is
permitted in the specified zone provided that the condition or conditions set out in
the appropriate notation at the bottom of the table is satisfied. These notations are
considered to be part of the table.
If a use is specifically defined in this By-law, but not listed by a Permitted Use table
as being permitted within a specific zone, then that use shall not be permitted in that
zone.
Regulation Tables
The Regulation Tables in Part II (Sections 4, 5 and 6) list the regulations that apply
to the uses permitted by the General Provisions. The symbol "ZR" (Zone
Regulation) means that the relevant regulation of the zone in which the use is
located applies. The notations (#) refer the reader to the special regulations that
are set out at the bottom of the table.
-iv-
The Regulations for the Zone Categories (Part III) list the regulations that apply to
the uses permitted in each zone. Generally the regulations are grouped into distinct
categories such as; lot area and lot frontage, yard setbacks, floor area, lot coverage,
landscape area and height. Each zone category may group these regulations
differently. Other regulations or regulations specific to a use may be identified
individually. The symbol "≠" within a regulation table indicates that a regulation does
not apply in the specified zone. The notations (#) refer the reader to special
regulations that are set out at the bottom of the table.
Exception Zones
Exception Zones are not identified in tables, but appear after the Permitted Use table
and Regulations of the Parent Zone. Exception Zones are provided for uses that are
different than the Parent Zone and/or do not meet one or more regulations of the Parent
Zone. For example, the Parent Zone for the "RS1-1" Exception Zone is "RS1".
The regulations of the Parent Zone apply to the Exception Zone unless a different
regulation is identified in which case the specific regulation listed applies.
NON-CONFORMING USES
When determining if a use is legal non-conforming in accordance with the provisions
of Section 1.8 and the definitions found in Section 4.9, the following By-laws and
their adoption dates shall be considered:
Former Township of Darlington By-law 2111 adopted December 4, 1958
Former Township of Clarke
By-law 1592 adopted May 23, 1968
Former Town of Newcastle
By-law 84-63 adopted September 10, 1984
THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-109
being a by-law to regulate the use of land, the erection of buildings or
structures, the type of construction, the height, bulk, location, size,
floor area, spacing, external design, character and use of buildings or
structures within the Municipality of Clarington as shown on the map
entitled "Oak Ridges Moraine Conservation Plan Land Use
Designation Map" numbered 208, dated April 17, 2002 and on file in
the offices of the Ministry of Municipal Affairs and Housing at Toronto
(the Oak Ridges Moraine Boundary)
WHEREAS it is considered desirable to control the use of land, the erection and
use of buildings or structures within the Municipality of Clarington as shown on the
map entitled "Oak Ridges Moraine Conservation Plan Land Use Designation Map"
numbered 208, dated April 17, 2002 and on file in the offices of the Ministry of
Municipal Affairs and Housing at Toronto (the Oak Ridges Moraine Boundary) in
accordance with Section 34 of the Planning Act;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
enacts the following By-law:
Section 1
Scope of By-Law
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1
Scope of By-Law
1.1
Title
1.1.1
This By-law shall be cited as the "Municipality of Clarington Zoning By-law
2005-109."
1.2
Purpose
1.2.1
The purpose of this Zoning By-law is to:
1)
Implement the policies of the Provincial Oak Ridges Moraine Conservation
Plan;
2)
Implement the policies of the Clarington Official Plan; as amended;
3)
Detail the use of land, buildings or structures for or except for such
purposes as set out in this By-law; and
4)
Provide detailed regulations respecting the use of land and the location of
buildings and structures.
1.3
Legislative Authority
1.3.1
This Zoning By-law is passed by the Council of the Municipality of Clarington
pursuant to the provisions of the Planning Act and the Oak Ridges Moraine
Conservation Act, 2001.
1.4
Area of Applicability
1.4.1
This By-law applies to the lands in the Municipality of Clarington within the Oak
Ridges Moraine Plan Area as shown within the shaded area on the Rural Area
Index Maps attached to and forming part of this By-law. These lands are also
referred to in this By-law as "lands above the 245 metre contour" and within the
Oak Ridges Moraine Area as designated by Ontario Regulation 01/02,
1.4.2
The Boundary of the Oak Ridges Moraine Plan Area, as shown on Schedule E
has been established by the Province of Ontario Regulation 01/02. This area is
shown on the Rural Area Index maps attached to and forming part of this By-
law and can only be changed by the Province.
Section 1
Scope of By-Law
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1.5
Contents of By-law
1.5.1
All references in this By-law to sections, regulations, exceptions, tables, figures,
schedules and maps, refer to those in this By-law unless otherwise indicated.
1.5.2
Schedule E attached hereto, with the notations, zone boundaries, symbols and
references shown thereon, show the area to which this By-law applies and shall
form part of this By-law.
1.5.3
The Appendices do not form part of this By-law but are provided for the
purposes of convenience only.
1.6
Effective Date
1.6.1
Pursuant to the provisions of the Oak Ridges Moraine Conservation Act, 2001,
this By-law shall come into force on the day it is approved by the Minister of
Municipal Affairs and Housing.
1.7
Repeal of Previous By-laws
1.7.1
RESERVED
1.8
Use of Land, Buildings or Structures to Conform
1.8.1
No land shall be used and no building or structure shall be located, constructed,
or used in whole or in part, and no person shall undertake development or site
alteration with respect to the land except in conformity with the provisions of this
By-law, the Oak Ridges Moraine Conservation Plan and the Municipality of
Clarington Official Plan, as amended.
1.8.2
No permit for the use of land or for the construction or use of any building or
structure shall be issued where the proposed building, structure, or use is in
violation of any provision contained in this By-law.
1.8.3
For the lands above the 245 metre contour, and within the Oak Ridges Moraine
Area, the provisions of this By-law shall not apply to the use of any land,
building or structure for a purpose prohibited by this By-law, if the land, building
or structure was lawfully used for that purpose on November 15, 2001 and
continues to be used for that purpose.
Section 1
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1.8.4
The provisions of this By-law shall not apply to prevent the construction or use
of any building or structure for a use not permitted by this By-law for which a
permit has been issued under the Building Code Act prior to the date of passing
of this By-law, so long as:
1)
The building or structure, when constructed, is used and continues to be
used for the purpose for which it was constructed; and
2)
The permit has not been revoked under the Building Code Act.
1.9
Validity of By-law
1.9.1
The invalidity of the whole or any part of any one or more provisions of this By-
law does not affect the validity, effectiveness or enforceability of the other
provisions or parts of the provisions of this By-law.
1.10
Relation to Other Government Requirements
1.10.1 This By-law shall not be construed so as to reduce or mitigate any restrictions
or regulations lawfully imposed by the Municipality or by any government
authority having jurisdiction to make such restrictions or regulations.
1.10.2 Compliance with this By-law does not relieve a property owner from full
responsibility for complying with:
1)
The requirements of the Ontario Building Code;
2)
The requirements of any federal, provincial, regional, municipal, or
conservation authority legislation; and
3)
The conditions of any caveat, covenant, easement, or other instrument
affecting a building or land.
Section 2
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2.0
Interpretation of By-Law
2.1
Zone Boundaries
2.1.1
Where a zone boundary shown on a Schedule coincides with a lot line or a street line,
the zone boundary shall be deemed to be the lot line or street line in question.
2.1.2
Where a zone boundary shown on a Schedule lies within a lot, the location of the zone
boundary shall be determined by the scale of the Schedule, unless the location of the
zone boundary is specified by dimensions on a map that forms part of an amendment to
this By-law.
2.2
Split Zoning
2.2.1
Where a lot is divided into more than one zone, by the zone category or the limit of the
Municipality of Clarington Zoning By-law, each separately zoned portion of the lot shall
be used in accordance with the use provisions for the applicable zone. All buildings,
structures and uses shall conform to the applicable zone regulations for that zone as if
each separately zoned portion was a lot. However,
a.
No lot shall have more than one dwelling on the whole of the lot except as specifically
permitted by this By-law; and/or
b.
Where this By-law limit divides a property, provided the use of that of the lot conforms,
this By-law limit shall not be a zone limit for defining yard setbacks.
2.3
Permitted Uses
2.3.1
A use that is listed as being permitted shall only be permitted if it satisfies all applicable
provisions of this By-law, including the regulations set out for the zone in which the use
is permitted.
2.3.2
In Permitted Use tables, the letter "P" beside a use indicates that the use is permitted in
the specified zone. The letter "P" followed by a notation indicates that the use shall only
be permitted in the specified zone provided that the condition(s) set out in the notation
at the bottom of the table is satisfied and that it satisfies all applicable provisions of this
By-law. These notations are considered to be part of the table. The symbol "~"
indicates that the use is not permitted in the specific zone.
2.3.3
If a use is specifically defined in this By-law but not listed by a Permitted Use table as
being permitted within a specific zone, then that use shall not be permitted in that zone.
Section 2
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2.3.4
If a use that is not defined by this By-law is not identified as being permitted in a zone,
that use shall be permitted if, in the opinion of the Director of Planning Services or his
designate, that use is similar in character or purpose to a use that is permitted in the
zone, provided it satisfies all applicable requirements of this By-law.
2.4
Regulations
2.4.1
The Regulation Tables in Part II (Sections 4, 5 and 6) list the regulations that apply to the
uses permitted by the General Provisions. The symbol "ZR" (Zone Regulation) means
that the relevant regulation of the zone in which the use is located applies. The
notations (#) refer the reader to the special regulations that are set out at the bottom of
the table.
2.4.2
The Regulations for the Zone Categories (Part III) list the regulations that apply to the
uses permitted in each zone. Generally the regulations are grouped into distinct
categories such as; lot area and lot frontage, yard setbacks, floor area, lot coverage,
landscape area and height. Other regulations or regulations specific to a use may be
identified individually. The symbol "≠" within a regulation table indicates that a
regulation does not apply in the specified zone. The notations (#) refer the reader to
special regulations that are set out at the bottom of the table.
2.4.3
Where the regulations of a parent zone are different from that within a special land use
provision the more restrictive provision shall apply.
2.5
Use of Singular and Plural
2.5.1
When consistent with the context, words used in the singular include the plural, and
words used in the plural include the singular, unless otherwise specified.
2.6
Measurements and Dimensions
2.6.1
All regulations contained in this By-law are the minimum required unless otherwise
specified. All measurements and dimensions in this By-law are expressed in metric.
2.7
Definitions
2.7.1
Terms defined in this By-law are italicized and underlined for the purposes of
convenience only. If a term defined by this By-law is not italicized and/or underlined,
the definition provided by the By-law shall apply when consistent with the context.
Section 2
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2.8
Floor Space Index
2.8.1
Where the Floor Space Index for a property is indicated on a schedule, the letter "T" shall
mean "Total", the letter "C" shall mean "Commercial", and the letter "R" shall mean
"Residential". The numbers shall indicate the maximum Floor Space Index for each type
of use permitted for that property.
2.8.2
Where the maximum Floor Space Index for a property indicated on a Schedule is
different than the maximum Floor Space Index indicated in a specific zone, the Floor
Space Index indicated on the Schedule shall take precedence provided that the use
meets all applicable regulations of this By-law.
2.9
Meaning of Terms
2.9.1
Where this By-law refers to "the Municipality", it shall mean The Corporation of the
Municipality of Clarington. The word "Municipal" shall have the same meaning as
"Municipality".
2.9.2
Where this By-law refers to "Council", it shall mean the Council of The Corporation of the
Municipality of Clarington.
2.9.3
Where this By-law refers to "the Region", it shall mean The Corporation of the Regional
Municipality of Durham. The word "Regional" shall have the same meaning as "Region".
2.9.4
Where this By-law refers to "the Province", it shall mean the Province of Ontario. The
word "Provincial" shall have the same meaning as "Province".
2.10
Provincial Legislation
2.10.1 All references to names of Acts of the Provincial Legislature in this By-law, unless
otherwise noted, are references to the R.S.O. 1990 edition, as amended from time to
time, including successor legislation.
Section 3
Definitions
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
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3. Definitions
The terms set out below shall have the following meanings:
Abattoir
An establishment where livestock, poultry or fur bearing animals are penned and slaughtered on
a commercial basis, and may include the production and processing of meat products as
accessory uses.
Accessory
See Section 4.1.1 a. for definition.
Adult Entertainment Parlour
An establishment in which goods or services appealing to or designed to appeal to erotic or
sexual appetites or inclinations are provided as part of a trade, calling, business or occupation.
The term "goods" includes books, magazines, pictures, slides, film, phonograph records, audio
cassettes, compacts discs, or any other reading, viewing or listening matter. The terms "to
provide", "services", and "services designed to appeal to erotic or sexual appetites or
inclinations" are defined in the Municipal Act.
Adult Home Care
See Section 5.6.1 a. for definition.
Agricultural Fairground
Lands, buildings or structures used on a seasonal or temporary basis for an agricultural fair,
including a farmers market, livestock show, rodeo, equestrian events and a carnival, and
accessory uses such as a music concert, flea market, and concession stands.
Agricultural Related Uses
Means commercial and industrial uses that are,
1)
Small scale,
2)
Directly related to a farm operation, and
3)
Required in close proximity to the farm operation.
Agricultural Research Centre
An establishment used for the purpose of conducting pure and applied research and
experimentation in the field of agriculture, excluding all animals, and may include facilities such
Section 3
Definitions
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Last update May 2016
as lecture rooms, administrative offices, laboratories, display rooms, service and machine shops
to serve the research center operation, green houses and outdoor growing areas.
Agricultural Uses
Means,
1)
Growing crops, including nursery and horticultural crops,
2)
Raising livestock and other animals, including poultry and fish, for food and fur,
3)
Aquaculture, and
4)
Agro-forestry and maple syrup production.
Agri-tourism
Shall mean an agricultural establishment that provides a service to promote and educate the
public about farming and agricultural activities. An agri-tourism use shall be located on the
same lot as a farm. An agri-tourism use may include a farm produce outlet. Agri-tourism may
include the following uses: corn or hay maze; petting zoo; hayrides; sleigh rides; buggy or
carriage rides; seasonal activities/events related to the farm and farm tours, but shall not
include: restaurant, amusement park, special event, overnight camping or motorized
recreational competition with the exception of tractor pulls.
Aisle
See Section 6.3.1 a. for definition.
Amenity Area
An area that is designed and intended primarily for the leisure and recreation of the occupants
of a building or site.
-
Common Amenity Area
An amenity area provided for the common use of the occupants of a building or site. A
common amenity area may be located either within a building or exterior to a building and
may include such uses as games rooms, fitness rooms, swimming pools, children's
playgrounds and similar indoor and outdoor recreational uses. The term common amenity
area shall not include any lands zoned "Environmental Protection (EP)" or any landscaped
area required by this By-law.
-
Private Amenity Area
An amenity area immediately abutting a dwelling that is provided for the exclusive use of
the occupants of the dwelling.
Section 3
Definitions
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Animal Agriculture
Means growing, producing and raising farming animals including, without limitation,
1)
Livestock, including equines, poultry and ratites,
2)
Fur-bearing animals,
3)
Bees,
4)
Cultured fish,
5)
Deer and elk, and
6)
Game animals and birds.
Animal Enclosure
A building, structure, fenced area or any combination of the three that secures an animal from
the public and is appropriately sized and constructed for the type of animal.
Animal Enclosure Holding Space
A secure secondary area, within an animal enclosure that allows for segregation of animals to
enable cleaning, maintenance or veterinary procedures.
Animal Enclosure Security Area
An area between the animal enclosure and the public, with separate locking doors or gates,
providing a buffer zone to keep the public from the animals and the animals from escaping.
Arena
An establishment that has as its principal use such recreational activities as curling, skating,
hockey, lacrosse, or similar athletic activity, and may include accessory uses such as dressing
rooms, snack bars, restaurants, pro shops, and bleachers.
Art Gallery
An establishment open to the public where the principal use is the exhibition of paintings,
photographs, sculptures, pottery, and other visual art.
Assembly Hall
An establishment in which permanent or temporary seating is provided for an audience for
athletic, civic, educational, entertainment, political, religious or social purposes.
Athletic Field
An area of land designed and used for the playing of organized sports such as baseball and
soccer. The term athletic field may include accessory uses such as players benches, spectators
bleachers, and parking areas.
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Attached
A building otherwise complete in itself that depends for structural support or complete
enclosure upon a division wall shared in common with an abutting building.
Attic
The portion of a building situated wholly or in part under a roof, but which is not a storey or a
one-half storey.
Auction Centre
An establishment used for the sale of goods, materials and vehicles by public auction.
Merchandise, with the exception of animals, to be sold on the premises may be temporarily
stored for a maximum of 30 consecutive days.
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Livestock Auction Centre
An auction centre where farm animals are auctioned. Farm animals to be auctioned are
not permitted to be kept at the livestock auction centre for continuous periods exceeding
24 consecutive hours.
Bank
An establishment where money is deposited, kept, loaned or exchanged, and shall include a
trust company or credit union.
Banking Machine
See Section 5.1.1 a. for definition.
Banquet Hall
An establishment used for banquets, wedding receptions or similar functions, for which food
and beverages are prepared and served to guests on the premises.
Bar
An establishment that sells liquor under a provincial license and that may provide live
entertainment and/or dancing. The term bar shall not include an adult entertainment parlour.
Basement
The portion of a building between two floor levels that has less than 50% of its height below the
average finished grade of the lot on which the building is located. The term basement shall not
include a cellar.
Bed and Breakfast
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See Section 5.2.1 a. for definition
Berm
A man-made mound of earth used to provide visual or acoustic screening, or to protect
property.
Block
Shall mean a group of lots which are bounded either by streets or a combination of streets,
private roads, rivers, or railway lines or parks.
Boarding or Rooming House
A single detached dwelling in which the owner and/or his agent resides and provides sleeping
accommodation and washroom facilities for a fee in furnished rooms, with or without the
provision of meals.
Boat Dock
A structure to which recreational boats and watercraft are secured while in the water. The term
boat dock shall not include a commercial dock facility.
Boat House
An accessory building or structure designed or used for the sheltering of a boat or other type of
watercraft.
Body-Rub
The kneading, manipulation, rubbing, massaging, touching, or stimulating by any means, of a
person's body or part thereof, but does not include medical or therapeutic treatment given by a
person otherwise duly licensed or registered under the laws of the Province of Ontario.
Body-Rub Parlour
An establishment were a body-rub is performed, offered or solicited in pursuance of a trade,
calling, business or occupation, but does not include any premises or part thereof where the
body-rubs performed are for the purpose of medical or therapeutic treatment and are
performed or offered by persons otherwise duly licensed or registered to do so under the laws
of the Province of Ontario.
Broadcasting Centre
An establishment used by a radio and/or television station to receive and/or broadcast
telecommunication signals, and may include recording studios, communication towers, satellite
dishes, and the parking of service and utility vehicles.
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Breezeway
A roofed connection between two or more buildings that may be partially enclosed by walls.
Building
A structure used for the shelter, accommodation or enclosure of persons, animals, goods,
materials or equipment that is supported by columns or walls, has one or more floors, is
covered by a roof and is permanently affixed to the land.
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Apartment Building
A building containing four or more dwellings that share a common entrance, common
halls, stairs, elevators, and/or yards.
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Block Townhouse Building
A townhouse building which gains access to a street via a private road on a commonly held
parcel of land and/or a common driveway.
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Corporate Office Building
An office building which is occupied by a single company and which serves as the corporate
headquarters for the company.
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Duplex Building
A two storey building that is divided horizontally into two separate dwellings, with each
dwelling having a separate entrance either directly from the outside or through a common
vestibule.
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Fourplex Building
Two duplex buildings attached vertically by a common wall extending from the base of the
foundation to the roof.
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Office Building
A building containing at least two business or administrative offices and/or professional
service offices, which includes common halls, stairs and/or elevators, and which may also
include services principally for the occupants of the building such as a cafeteria and a snack
bar.
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Semi-Detached Building
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A building separated vertically into two separate dwellings, connected by a common wall,
with each dwelling being located on a separate lot and having a separate entrance directly
from the outside of the building.
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Townhouse Building
A building divided vertically or horizontally into a minimum of three separate dwellings,
with each dwelling having a direct access from finished grade.
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Triplex Building
A building divided horizontally into three separate dwellings, with access to each dwelling
being provided through a common vestibule.
Building Permit
An approval issued by the Chief Building Official of the Municipality of Clarington pursuant to
the Building Code Act.
Building Supply Outlet
An establishment where primarily lumber and masonry products are stored and sold.
Bulk Fuel Distribution Establishment
An establishment where fuel is stored in bulk fuel storage tanks and sold to the operators of
commercial motor vehicles or to a commercial distributor or reseller of the fuel. The term bulk
fuel distribution establishment shall not include a motor vehicle fuel bar.
Bunkhouse
A mobile home located on a farm that is used for the accommodation of agricultural workers
employed on the farm during the growing and harvest seasons. A bunkhouse shall consist of at
least one bathroom and at least two habitable rooms that provide living, dining and sleeping
accommodation in appropriate combinations.
Bus Terminal
An establishment where buses pick up and discharge fare-paying passengers and where buses
are parked or housed on a temporary basis. The term bus terminal includes accessory uses such
as a ticket office, parcel or luggage checking facilities, snack bar and a restaurant.
Business or Administrative Office
An establishment in which one or more persons are employed in conducting, managing, or
administering a business. The term business or administrative office includes the administrative
offices of a government agency, a non-profit organization, or a charitable organization.
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Campground
A parcel of land where individual sites are rented on a transient or seasonal basis for the
placement of recreational trailers, recreational motor vehicles, or tents, for recreational or
vacation purposes. Accessory uses such as washrooms and laundry facilities are permitted.
Carport
A roofed structure open on at least two sides that is accessory to a dwelling and used for the
parking or storage of a motor vehicle.
Caterer
An establishment in which meals are prepared and delivered for consumption off the premises
at a social event. The term caterer does not include a take-out restaurant.
Cellar
The portion of a building between two floor levels that has 50% or more of its height below the
average finished grade of the lot on which the building is located. The term cellar shall not
include a basement.
Cemetery
Lands, buildings and structures subject to the Cemeteries Act used for the internment of
deceased persons. Accessory uses may include a mortuary, and a mausoleum, but shall not
include a crematorium.
Children's Home Care
See Section 5.6.1 b. for definition.
Commercial Dock Facility
An area of land and/or a structure attached to the shore of Lake Ontario where material,
excluding liquid or chemical petroleum products, is stored and loaded and unloaded from ships.
The term commercial dock facility includes the stockpiling of solid bulk materials, but shall not
include a warehouse, a bulk fuel distribution establishment, the storage of liquid materials, or
the handling of transport containers.
Common Wall
A vertical wall separating two buildings between the top of the footings to the underside of the
roof and that is mutually common to both buildings.
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Communication Tower
A building or structure that transmits and/or receives telephone, telex, satellite, radio and/or
television signals. The term communication tower shall not include buildings or structures used
exclusively for dispatch communication.
Concrete Batching Plant
A plant where dry materials are weighed, batched and distributed to trucks as part of a process
to produce concrete. The dry materials may be mixed with the water in the truck or mixed with
water in a stationary mixer prior to being distributed to the truck. A concrete batching plant may
include concrete recycling.
Coniferous Planting Strip
A landscape feature comprised of coniferous tree species planted in such a manner as to visually
screen the view of one property from the adjacent property.
Conservation
The management of natural resources in order to protect, maintain and enhance natural
features, functions and ecosystems, including reforestation, erosion control, habitat
improvement, and the rehabilitation of degraded land to produce a state or condition more
closely reflecting natural forms, processes and attributes. This also includes the management of
woodlands, including accessory uses such as the construction and maintenance of forest access
roads and maple syrup production facilities.
Conservation Authority
A conservation authority having jurisdiction in the Municipality of Clarington. The term
conservation authority shall include the Central Lake Ontario Conservation, the Ganaraska
Region Conservation Authority, the Kawartha Region Conservation Authority, and the Otonabee
Region Conservation Authority.
Contractor's Yard
An enclosed area where a contractor stores equipment, vehicles and materials used in the
conduct of this business.
Convention Centre
An establishment designed to accommodate large gatherings of people for events such as
conferences, meetings, rallies, and trade shows. The term convention centre includes
restaurants and hotels.
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Corrections Residence
A secure facility licensed, funded or approved by the Province within which the residents, who
are on probation, on parole, or awaiting trial, or who have been admitted to the facility for
correctional or rehabilitation purposes, live together under 24 hour supervision in a group living
arrangement.
Crematorium
A building or structure erected for the purpose of cremating human bodies under the
Cemeteries Act, as amended. A crematorium may include such accessory uses as a chapel and a
columbarium, but shall not include a cemetery.
Crisis Care Facility
See Section 5.3.1 a. for definition.
Day Care Centre
An establishment licensed by the Province and used for the temporary care and education of
children on a regular basis for continuous periods not exceeding 24 consecutive hours. The term
day care centre shall not include a public school, a private school, or a school for trainable
mentally challenged children operating under appropriate legislation.
Deck
A structure that is located a minimum of 0.2 metres above finished grade, that does not have a
roof, and that is attached to or abutting one or more walls of a building or is constructed
separate from the building.
Development
Means the creation of a new lot, a change in land use, or the construction of buildings, and
structures, any of which require approval under the Planning Act, the Environmental
Assessment Act, or the Drainage Act, but does not include,
a.
The construction of facilities for transportation, infrastructure and utilities uses, by a
public body, or
b.
For greater certainty,
i)
The reconstruction, repair or maintenance of a drain approved under the Drainage Act
and in existence on November 15, 2001, or
ii)
The carrying out of agricultural practices on land that was being used for agricultural uses
on November 15, 2001.
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Drive-Through
The use of land, buildings or structures, or part thereof, to provide or dispense products or
services, either wholly or in part, through an attendant or a window or an automated machine,
to customers remaining in motor vehicles located in a drive-through queue aisle. A drive-
through facility may be in combination with other uses such as a bank, dry cleaning
establishment, dry cleaning distribution center, motor vehicle fuel bar, restaurant, or a store.
Despite the above, a drive-through facility does not include a motor vehicle wash.
Drive-Through Queue Aisle
See Section 6.4.1 a. for definition.
Driveway
Shall mean that portion of a lot designed to provide motor vehicle access from the lot to the
traveled portion of the street, private road or lane.
Dry Cleaners Distribution Centre
An establishment used for the collection and distribution of clothing and/or fabric articles which
are dry-cleaned off the premises and for the pressing of any such clothing or articles.
Dry Cleaning Establishment
An establishment used for dry-cleaning, dry dyeing, cleaning, stain removal, or processing of
clothing and/or fabric articles for a fee, only through the use of non-combustible and non-
flammable solvents which emit no odours or fumes. The term dry cleaners establishment shall
include a dry cleaning distribution centre.
Dwelling
Two or more habitable rooms designed or intended for use by one household, in which
washroom facilities and one kitchen are provided for the exclusive use of the household. The
term dwelling does not include a tent, a trailer, or a room or a group of rooms in a boarding or
rooming house, a retirement home, a hotel, or a motel.
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Apartment Dwelling
A dwelling located either within an apartment building or a building that contains other
uses permitted by this By-law.
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Bachelor Apartment Dwelling
An apartment dwelling consisting of a maximum of two habitable rooms for living, dining,
sleeping and kitchen accommodation in appropriate combination, and not more than one
washroom.
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Block Townhouse Dwelling
A townhouse dwelling located in a block townhouse building.
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In-House Apartment Dwelling
An apartment dwelling located within a permitted single detached dwelling or semi-
detached dwelling created through converting part of or adding onto the principal
dwelling.
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Semi-Detached Dwelling
One of the two dwellings located in a semi-detached building, but not including an in-
house apartment dwelling.
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Single Detached Dwelling
A completely detached building containing one dwelling.
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Street Townhouse Dwelling
A townhouse dwelling which fronts onto a street, is separated vertically from the other
dwellings in the townhouse building, and has a separate entrance.
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Townhouse Dwelling
A dwelling located within a townhouse building.
Established Building Line
See Section 4.12.1 a. definition.
Establishment
A building, structure and/or area of land within or on which an activity referred to in this By-law
is conducted.
Existing
A use, building or structure that was legally in existence on November 15, 2001, for all of the
lands above the 245 metre contour.
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Exotic Animal
Birds of prey, canines and felines excluding the domestic cat and dog, non-human primates,
bears, elephants, crocodiles, venomous reptiles, boas and similar snakes, and any other animal
that is not customarily raised or kept as part of a farm.
Façade
The exterior wall of a building facing a street or private road.
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Principal Façade
In the case of a building located on an exterior lot or a through lot, the facade within which
the principal entrance to the building is located.
Farm Equipment and Supply Store
A store that provides farm equipment and farm supplies, and that may include facilities for the
repair and maintenance of farm equipment as an accessory use.
Farm Occupation
An accessory use conducted on a farm, directly related to the farm operation, clearly secondary
to the agricultural use of the farm, does not change the character or use of the farm for
agricultural purposes, does not significantly alter the appearance of the farm operation and
does not create or become a public nuisance particularly in respect to noise, traffic or parking.
Farm Produce Outlet
A building that is accessory to a farm and located on the same lot, in which fresh fruits, grains,
grasses and vegetables grown on the farm unit are offered for sale, but may also include the
limited sale of value-added farm products made from the produce grown on the farm, such as
jam, pies, honey, wine or dairy products. The limited sale of preserving supplies, home crafts,
flowers and bedding plants grown locally may also be included. A farm produce outlet shall have
a maximum floor area and outdoor product display area of 95 square metres. The sale of meat
and meat products, breakfast cereal, tobacco products, coffee, refreshments and food for
consumption on the premises, housewares, paper products, magazines, soap, and
pharmaceutical products is not permitted. The sale of lottery tickets and similar products not
typically produced within the agricultural community is also not permitted.
Farm Produce Stand
A building or structure accessory to a farm in which fresh fruits, grains, grasses and vegetables
grown on the farm unit are offered for sale. The limited sale of value-added farm products
made from the produce grown on the farm, such as jam, pies and honey, is also permitted. A
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farm produce stand shall have a maximum floor area and outdoor product display area of 25
square metres.
Farm Vacation Home
Means an establishment that provides sleeping accommodation (including participation in farm
activities, meals, services, facilities and amenities for the exclusive use of guests) for the
travelling or vacationing public in up to three guest rooms within a single dwelling that is located
on a farm and is the principal residence of the proprietor of the establishment.
Farm Produce Warehouse
A warehouse used for the storage and wholesale distribution of farm produce, and may include
a store for the sale of such farm produce as an accessory use.
Farm Winery
Buildings and structures accessory to a farm within which wine is produced from locally grown
fruit. A farm winery may also include facilities for the storage and bottling of the wine.
Farmers Market
An accessory use conducted on a farm which is clearly secondary to the agricultural use of the
farm, does not change the character or use of the farm for agricultural purposes, does not
significantly alter the appearance of the farm operation and does not create or become a public
nuisance particularly in respect to noise, traffic or parking.
Financial Office
An establishment where financial advice or services are provided to persons and businesses. The
term financial office includes the offices of a finance company, mortgage company, insurance
company, financial advisor, financial broker, and an investment company, but does not include a
bank.
Finished Grade
The lowest elevation of the finished surface of the ground abutting the exterior walls of a
building or structure.
Fitness Centre
An establishment that provides facilities for recreational or athletic activities, including but not
limited to body-building and exercise classes.
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Flea Market
An establishment where floor space is made available to two or more individual retail operators,
and where the space allocated to each retail operator is not physically separated by walls which
extend from the floor to ceiling from the space allocated to other retail operators.
Floor Area
The total horizontal area of a floor or floors.
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Gross Commercial Floor Area
The total of the floor area of each floor measured from the exterior face of the exterior
walls, whether such floor is above or below finished grade, that is designed and/or used for
commercial purposes permitted by the By-law, but excluding any part of the building used
for mechanical equipment, parking, loading, common garbage storage, elevators, stairs or
storage below finished grade. Where a floor is used for both residential and commercial
uses permitted by this By-law, the gross commercial floor area shall be measured from the
exterior face of exterior walls and/or the centre line of interior walls separating the
commercial uses from the residential uses.
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Gross Residential Floor Area
The total of the floor area of each floor measured from the exterior face of the exterior
walls, excluding garages, mechanical equipment, parking, loading, common garbage
storage, elevators, stairs, cellars, unfinished attics, and sunrooms that are not habitable
year round. Where two or more dwellings share a common wall, gross residential floor
area shall be measured from the centre line of the common wall. In the case of an
apartment building or a block townhouse building, gross residential floor area shall also
include common indoor areas located within the same building or on the same lot. Where
a floor is used for both residential and commercial uses permitted by this By-law, the gross
residential floor area shall be measured from the exterior face of exterior walls and/or the
centre line of interior walls separating the residential uses from the commercial uses.
Gross Leasable Floor Area
That portion of gross commercial floor area that is designed for the occupancy and exclusive use
of tenants and that is capable of accommodating uses such as sales, display, storage or offices,
and excludes public common areas and walkways. Where a single use occupies a floor, gross
leasable floor area shall be measured from the exterior faces of exterior walls. Where a floor is
divided into different uses by walls, gross leasable floor area shall be measured from the
exterior face of exterior walls and/or the centre line of interior walls separating such uses.
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Floor Space Index (F.S.I.)
The ratio of the total floor area occupied by a use to that area of a lot zoned to permit that use.
-
Commercial Floor Space Index
The Floor Space Index using gross commercial floor area.
-
Residential Floor Space Index
The F.S.I. using gross residential floor area.
Foundry
A building in which the principal use is the casting of metals.
Forestry
The management, development and cultivation of timber resources in accordance with good
forestry practice.
Funeral Home
An establishment used for human funeral services, and may include space and facilities for
embalming and performing other services used in the preparation of deceased persons for
burial, the storage of caskets, funeral urns and other related funeral supplies, and the storage of
funeral vehicles. A funeral home shall not include facilities for cremation.
Fur Garment Manufacturing
An establishment used for the designing, assembling, making, preparing, inspecting, finishing,
treating, altering and repairing of fur garments. It may also include warehousing, displaying and
selling of fur garments, but does not include the tanning of furs.
Gaming Establishment
An establishment operated on a commercial or for-profit basis and which offers to the public
coin-operated gambling machines, video lottery terminals, gambling services through a special
closed-circuit network or telephone network, and gaming tables with persons employed as
dealers to supervise and officiate specific forms of gaming activity, for the purposes of wagering,
gambling, or betting.
Garage
Shall mean a building, structure or part thereof, including a carport, designed and/or used for
the parking of motor vehicles having adequate access to a driveway, and where household
equipment incidental to the residential use may be stored.
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Garage Sale
See Section 5.4.1 a. for definition.
Garden and Nursery Centre
An establishment where gardening materials and vegetation such as flowers, plants, shrubs, and
trees are sold to the public. The term garden and nursery centre may include as an accessory
use the sale or rental of such goods, products, and equipment normally required for gardening.
-
Seasonal Garden and Nursery Centre
A garden and nursery centre that exists only during the growing season, to a maximum of
seven consecutive months within a calendar year.
Garden Suite
A one unit residential structure containing washroom and kitchen facilities that is designed to be
portable and that is accessory to a single detached dwelling constructed on the same lot.
Golf Course
An area of land operated for the purpose of playing golf, and may include accessory uses such as
a golf driving range, a mini-putt, a club house, a restaurant, and a bar.
Golf Driving Range
An area of land where the sport of golf is practiced from individual tees, and may include
accessory buildings and structures for the storage and rental of golf balls and golf clubs, a mini-
putt, and a practice green.
Good Forestry Practice
The proper implementation of harvest, renewal and maintenance activities known to be
appropriate for the forest and environmental conditions under which it is being applied and that
minimize detriments to forest values, including: significant ecosystems, important fish and
wildlife habitat, soil and water quality and quantity, forest productivity and health; and the
aesthetic and recreational opportunities of the landscape. Good forestry practice includes the
cutting and removal of hazardous, severely damaged, diseased and insect-infested trees that
must be removed in order to prevent contamination or infestation of other trees, or that no
longer contribute to the achievement of forest values.
Ground Floor
The lowest storey of a building closest to finished grade.
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Greenhouse
A structure whose roof and sides are made primarily of transparent or translucent material and
within which plants are cultivated. Such use may also include the wholesale and/or retail sale of
greenhouse products produced in the greenhouse, but shall not include a greenhouse used for
cultivation of plants that will later be transplanted outdoors principally for the farmer's use on
the farm.
Guardhouse
A building, either stand-alone or incorporated into the principal building, accessory to a
permitted industrial use, used for property security or limited office space, but does not include
a dwelling unit and shall be less than 13 square metres.
Habitable Room
A room within a building that is designed and used for year-round human occupation, including
finished basements, cellars and attics.
Heavy Equipment
Large machinery and equipment such as cranes, backhoes and rental bleacher seating.
-
Heavy Equipment Sales
An establishment where heavy equipment is kept for sale or rent.
-
Heavy Equipment Service
An establishment where heavy equipment is serviced or repaired.
Home Appliance Service
An establishment for the servicing of household or domestic articles such as home electronics,
vacuum cleaners, appliances, camera equipment, clocks and watches, bicycles, or other similar
goods and appliances, but shall not include industrial or manufacturing processes as a method
of servicing these items.
Home Craft
Small items composed of fabric, wood, or earthen materials that are made by hand or with the
use of small tools, such as pottery, clothing, birdhouses and mailboxes.
Home Industry
See Section 5.5.1 a. for definition.
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Home Occupation
See Section 5.6.1 c. for definition.
Hospital
An establishment approved under the Public Hospitals Act where persons suffering from injury,
disease, or sickness receive medical treatment, and may be kept overnight or longer in order to
receive appropriate medical treatment and care.
Hotel
An establishment that caters to the traveling public by furnishing private sleeping
accommodations and washroom facilities, and consists of one or more buildings containing at
least three individual rental accommodation units that share a common ground level entrance.
A hotel may provide accessory uses such as a restaurant, bar, and conference and recreational
facilities.
Hydrologically Sensitive Feature
Shall mean land that includes permanent and intermittent streams, wetlands, or seepage areas
and springs.
Impervious Surface
Means a surface that does not permit the infiltration of water, such as a rooftop, sidewalk,
paved roadway, driveway or parking lot.
Industrial Use
The assembly or processing of substances, goods or raw materials related to the manufacture or
fabrication of finished goods, warehousing or bulk storage of goods, and may include accessory
uses such as storage and facilities for receiving and shipping materials and goods.
-
Heavy Industrial Use
An industrial use which includes the outdoor storage of raw materials, waste materials
and/or finished products resulting from or produced by the industrial use on the lot,
and/or an industrial use which, by reason of the materials used or the waste generated, or
the amount of noise, smoke, dust, odour, and/or vibration it generates or is capable of
generating, requires a certificate of approval under the Environmental Protection Act. The
term heavy industrial use does not include a warehouse, a waste disposal site, a stockyard,
an abattoir, a smelter or any use which uses a blast furnace or coke ovens, a pulp and
paper mill, creosote treatment or manufacture, or the distillation of coal, tar, wood or
bones.
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Light Industrial Use
An industrial use in which all assembly, processing, manufacturing, and fabrication
operations and the storage of raw material and/or finished products are conducted within
a fully enclosed building. The term light industrial use does not include a warehouse or an
activity or use which requires a certificate of approval under the Environmental Protection
Act.
Kennel
An establishment where four or more dogs, cats or other domestic animals of at least four
months of age are boarded or trained for a fee, or kept for the purposes of breeding.
Kiosk
A building or structure with a maximum floor area of 10 square metres that is accessory to a
permitted building, structure, or use and is located on the same lot.
Landscaped Area
See Section 4.7.1 a. for definition.
Lane
A road owned by the Municipality that provides either the primary access to abutting lots or the
secondary access to abutting lots where the primary access/frontage is available from a street.
The term lane shall not include a street.
Legal Non-Conforming Building, Structure or Use
See Section 4.9.1 a. for definition.
Light Equipment
Hand tools, small power tools, portable equipment, and machinery containing a small engine,
such as air compressors, augers, automotive tools, cleaning equipment, light compaction
equipment, concrete and masonry equipment, floor and carpet tools, gasoline generators, chain
saws, jacks and hydraulic equipment, lawn and garden tools, ladders, moving equipment,
painting and decorating equipment, pumps, scaffolding, welding equipment, sporting
equipment, party supplies, and other similar tools and accessories.
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Light Equipment Service
An establishment where light equipment is serviced or repaired.
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Loading Space
See Section 6.5.1 a. for definition
Lot
A parcel of land within a registered plan of subdivision or any land that may be legally conveyed
under the exemption provided in Section 50 (3) (b) or Section 50 (5) (a) of the Planning Act, or a
remnant of a lot that remains in private ownership after part of the lot has been expropriated.
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Exterior Lot
(See Figure 3 -1)
A lot situated at the intersection of and abutting upon two streets, a street, and a private
road, two private roads or the same street or private road, provided that the interior angle
of the intersection of the street lines is not more than 135 degrees. In the case of a curved
corner, the interior angle of the intersection shall be measured as the angle formed by the
intersection of the extension of each of the street lines.
FIGURE 3 - 1
DETERMINING AN EXTERIOR LOT
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Interior Lot
A lot other than an exterior lot or a through lot.
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Lot Area
ANGLE
135 DEGREES
BUILDING
STREET / PRIVATE ROAD
MAXIMUM
STREET LINE
STREET LINE
STREET / PRIVATE ROAD
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The total horizontal area bounded by the lot lines of a lot, including any lands usually
covered by water.
-
Lot Coverage
The percentage of the lot area at finished grade covered by the vertical projection of all
buildings and structures. Where a lot is divided into more than one zone, the lot coverage
in each zone shall be calculated as it applies only to that portion of the lot that is located
within the specific zone. An in-ground, on-ground or above-ground swimming pool shall
not be considered as a structure for the purposes of calculating lot coverage.
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Lot Depth
The horizontal distance between the front and rear lot lines of a lot. If the front and rear
lot lines are not parallel, lot depth shall be the length of a straight line joining the mid-point
of the front lot line with the mid-point of the rear lot line. When there is no rear lot line,
lot depth shall be the length of a straight line joining the mid-point of the front lot line with
the apex of the triangle formed by the side lot lines.
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Lot Frontage (See Figure 3 - 2)
The minimum straight-line distance between the side lot lines measured along the front lot
line of a lot. Where the front lot line is not a straight line or where the side lot lines are not
parallel, the lot frontage is measured along a line parallel to the chord of the lot frontage
and set at a distance from the front lot line equal to the front yard setback. The chord of
the lot frontage is measured as a straight line joining the points where each side lot line
intersects the front lot line.
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FIGURE 3 -2
DETERMINING LOT FRONTAGE
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Through Lot
A lot bounded on two opposite lot lines by streets and/or private roads. A lot that qualifies
as both an exterior lot and a through lot shall be deemed to be an exterior lot. Where a
through lot that is not an exterior lot has frontage on more than one street, the front yard
setback provisions of the zone in which the lot is located shall apply to the lot line to which
principal access to the lot is gained.
Lot Line
Any boundary of a lot or the vertical projection thereof.
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Exterior Side Lot Line
A side lot line abutting a street or private road on an exterior lot.
Front Lot Line
In the case of an interior lot, a lot line dividing the lot from the street or private road shall
be deemed to be a front lot line. In the case of an exterior lot, the shorter lot line abutting
a street or private road shall be deemed to be a front lot line, and the longer lot line
abutting a street or private road shall be deemed to be an exterior side lot line. In the case
REQUIRED FRONT YARD SETBACK
STREET /
LINE PARALLEL TO CHORD
CHORD
BUILDING
PRIVATE ROAD
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of a through lot whether or not such lot is deemed to be an exterior lot, the lot line where
the principal access to the lot is provided shall be deemed to be a front lot line.
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Interior Side Lot Line
A side lot line that is not an exterior side lot line.
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Rear Lot Line
A lot line (or point of intersection of the side lot lines) furthest from and opposite to the
front lot line.
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Side Lot Line
A lot line other than a front lot line or a rear lot line.
Marina
An establishment located on a navigable waterway containing a boat dock or mooring facilities
for boats, personal watercraft, and other motorized and non-motorized watercraft. Facilities for
the repair and servicing of watercraft and for the sale of marine accessories, fuels and lubricants
may be provided.
Marine Sales and Service
An establishment where boats, other watercraft and marine accessories are displayed for sale or
rent, and/or where marine equipment is serviced.
Marine Storage
An area of land within which recreational boats, yachts and accessory equipment are stored,
maintained or repaired for a fee.
Medical Clinic
An office building occupied by medical offices which may include such uses as reception areas,
office for consultation, examination, x-ray facilities, minor operating rooms, medical
laboratories, and pharmacies, provided that all such uses have access from the interior of the
building.
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Medical Office
An establishment where medical physicians, dentists, chiropractors, optometrists, osteopaths,
naturopaths, occupational or physical therapists, and/or other medical professionals, either
singularly or in union, provide diagnosis and treatment to the general public without overnight
accommodation.
Mineral Aggregate
Gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, and
rock or other material prescribed under the Aggregate Resources Act as being suitable for
construction, industrial, manufacturing and maintenance purposes.
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Mineral Aggregate Crusher
Equipment used to crush extracted mineral aggregate.
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Mineral Aggregate Processing
The screening, blending, and/or washing of extracted mineral aggregate by mechanical
means, and shall include the stockpiling of the mineral aggregate.
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Mineral Aggregate Recycling
The crushing of used asphalt and concrete and the blending of it with sand and gravel or
crushed stone, and shall include the temporary stockpiling of materials used in an active
recycling operation on the same site.
Minimum Distance Separation Formulae
A guideline established by the Province to minimize nuisance complaints due to odour and
thereby reduce potential land use conflicts by determining appropriate separation between
livestock and manure storage facilities and neighbouring non-agricultural uses, including
residential, institutional, industrial, commercial, or recreational uses.
Minimum Vegetation Protection Zone Area
Shall mean all land within a minimum of 30 metres adjacent to a natural heritage feature or a
hydrologically sensitive feature.
Mobile Home
A dwelling designed to be mobile, and is constructed or manufactured to provide a temporary,
mobile or portable residence for one or more persons, but does not include a trailer as defined
by this By-law.
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Mobile Home Park
A parcel of land in single ownership where individual sites are made available on a rental
basis for the placement of mobile homes for year round use, and each mobile home is
connected to water service and sanitary sewer service. A mobile home park may include
accessory buildings that contain recreational and social facilities for the use of the park's
residents and for maintenance purposes of the mobile home park. The responsibility for
maintenance of private internal roads, common areas and common buildings rests with
the owner of the land.
Model Home
See Section 5.8.1 a. for definition.
Motel
An establishment that caters to the needs of the travelling public by furnishing private sleeping
accommodations and washroom facilities and that consists of one or more buildings containing
at least three individual rental accommodation units that have separate entrances from the
outside. A motel may include accessory uses such as a restaurant, bar and recreational
facilities.
Motor Vehicle
An automobile, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or
driven by other than muscular power, but shall not include motor vehicles running only upon
rails, a motorized snow vehicle, traction engine, farm tractor, or a road building machine.
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Commercial Motor Vehicle
A motor vehicle used for commercial purposes with or without a permanently attached
delivery body, and includes vehicles such as a refreshment vehicle, buses, cube vans, tow
trucks, tilt and load dump trucks, and tractor-trailers.
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Commercial Motor Vehicle Sales
An establishment where new or used commercial motor vehicles are displayed for sale or
rent. Permitted accessory uses include a motor vehicle body shop to be used only for
commercial motor vehicles.
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Motor Vehicle Body Shop
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An establishment where painting or repairing of the exterior and/or undercarriage of
motor vehicle bodies is undertaken, and may include a towing service and motor vehicle
rentals for customers as accessory uses.
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Motor Vehicle Fuel Bar
An establishment for dispensing fuel to motor vehicles that consists of fuel pumps, and a
kiosk for the fuel bar attendant within which motor vehicle accessories and fluids and pre-
packaged snack food items may be offered for sale.
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Motor Vehicle Rentals
An establishment where passenger motor vehicles and light duty commercial motor
vehicles are kept for rent.
Motor Vehicle Repair Garage
An establishment where automotive maintenance is performed on motor vehicles,
including oil changes, ignition timing adjustments, rust proofing, the installation or repair
of transmissions, exhaust systems, brakes, automotive glass and tires, but shall not include
a motor vehicle body shop. Accessory uses may include the limited sale of automotive
products such as antifreeze, sparkplugs, and batteries.
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Motor Vehicle Sales
An establishment where new or used motor vehicles are displayed for sale or lease.
Accessory uses may include a motor vehicle body shop and a motor vehicle repair garage.
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Motor Vehicle Sales Campus
A group of three or more motor vehicle sales establishments located either on one lot or
on abutting lots.
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Motor Vehicle Towing Establishment
An enclosed area where motor vehicles impounded for a breach of the law may be taken
or towed and stored temporarily until reclaimed.
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Motor Vehicle Wash
An establishment where mechanical equipment or self-service facilities are used for the
washing of motor vehicles. A motor vehicle wash shall have water and sanitary sewer
services provided by a public authority.
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Motor Vehicle Wrecking Yard
An establishment where motor vehicles are dismantled and made inoperative, and are
stored primarily outside. A motor vehicle wrecking yard may include the sale of used
motor vehicle parts, but shall not include motor vehicle sales, a waste transfer station or a
recycling facility.
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Recreational Motor Vehicle
A motor vehicle constructed as a self-propelled and self-contained unit that is capable of
being utilized for the sleeping, eating and living accommodation of one or more persons
on a temporary basis.
Museum
A building where collections of art, objects of natural history, mechanical or scientific
inventions, instruments, models, designs, documents, and artifacts such as furniture and
clothing are preserved and displayed primarily for educational purposes and not for sale. A
museum may include accessory uses such as gift shops, libraries, snack bars, reading rooms,
laboratories and administrative offices.
Natural Heritage Feature
Shall mean land that includes wetlands; significant portions of the habitat of endangered, rare
and threatened species; fish habitat; areas of natural and scientific interest (life science);
significant valleylands; significant woodlands; significant wildlife habitat; sand barrens,
savannahs and tallgrass prairies.
Naturalized Area
See Section 4.7.1 b. for definition.
Nursing Home
An establishment maintained and operated for persons requiring nursing care, as defined under
the Nursing Homes Act.
Outdoor Storage Area
An area of land not located within a building that is used for the storage of goods, equipment or
materials normally accessory to a permitted use located on the same lot.
Outdoor Storage Facility
An establishment for the storage, either in the open air or in unenclosed buildings that are open
to the air on some side, of licensed personal motor vehicles, recreational vehicles or marine
vehicles and their trailers. An outdoor storage facility shall not include a parking lot, an outdoor
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retail display area, a transport depot, a salvage yard, the temporary storage of waste or other
similar uses.
Park
An area permanently devoted to recreational uses, owned by or leased to a public authority,
and used for both passive and/or active forms of recreation designed to serve the public.
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Active Park
A park that may include a recreation area, playground, swimming pools, picnic areas,
gardens, boating facilities, playing fields, parking areas and recreational structures and
facilities but shall not include a campground or trailer park.
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Passive Park
A park that provides passive recreation opportunities, such as non-motorized trails, bird
sanctuaries, wildlife reserves, and may include structures and facilities necessary to
encourage and promote recreational/educational/instructional pursuits.
Parking Area
See Section 6.3.1 e. for definition.
Commercial Parking Area
See Section 6.3.1 b. for definition.
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Enclosed Parking Area
See Section 6.3.1 d. for definition.
Parking Space
Shall mean an area not located on a street, private road, or lane that is used for the parking of
more than one motor vehicle with or without a fee being charged, but shall not include any area
where motor vehicles are kept or stored for sale or repair.
Personal Service
An establishment such as a hairdresser, a tailor shop, a shoe repair shop, a dry cleaners
distribution centre, or a laundromat, in which services are provided for a fee to satisfy the needs
of persons, but shall not include a gaming establishment or an adult entertainment parlour.
Pet Cemetery
Lands, buildings and structures used for the internment of domestic animals.
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Pet Grooming
An establishment where domestic animals are groomed, but does not include retail sales of
goods, overnight boarding of animals or outdoor animal facilities.
Pit
An area of land where unconsolidated mineral aggregate such as gravel, stone and sand is
extracted pursuant to a license or a permit issued under the Aggregate Resources Act. A pit
may include as an accessory use a mineral aggregate crusher, mineral aggregate processing,
and/or mineral aggregate recycling.
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Wayside Pit
A temporary pit opened and used by or for a public authority solely for the purpose of a
particular road construction project or contract and not located on a road allowance.
Place of Entertainment
An establishment where entertainment or amusement is provided for a fee, and includes such
uses as a bingo hall, bowling alley, or an ice or roller skating rink, but shall not include a gaming
establishment or an adult entertainment parlour.
Place of Worship
An establishment dedicated to religious worship such as a church, a synagogue, a mosque, or a
temple. A place of worship may include accessory uses such as a day care centre, school of
religious education, convent, monastery, rectory or assembly hall, and an existing cemetery.
Portable Asphalt Plant
A facility with equipment designed to heat and dry mineral aggregate and to mix mineral
aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling
and storage of bulk materials used in the process. A portable asphalt plant is not of permanent
construction and is to be dismantled at the completion of the construction project.
Porch
A structure connected to a main wall of a building and that has a roof supported in part either
by pillars or by walls, provided that at least one side is open.
Postal Outlet
See Section 5.1.1. b. for definition.
Principal Building or Structure
The building or structure within which a principal use occurs.
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Principal Use
The primary purpose for which a lot, building, structure or any combination thereof, is used,
designed, arranged, occupied or maintained.
Printers/Publishers
An establishment in which the business of producing books, newspapers, magazines,
periodicals, and advertising materials for sale or distribution are printed for a fee.
Private Airstrip
Land used for the landing and taking-off of aircraft. The term private airstrip shall not include a
hanger.
Private Club
An establishment within which the members of an association, club, cultural group or
community group meet periodically to conduct the activities of the association, and for social
activities, cultural events, performances, or exhibitions.
Private Recreational Area
Land owned and maintained by a private organization that may include recreational facilities
such as swimming pools, picnic areas and athletic fields.
Private Road
A road, the fee simple of which is owned by a single person, that is subject to one or more
easements registered against title in favour of one or more abutting lots to which the
easements are appurtenant. Such easements entitle the owners of the lots to use the private
road for the purposes of access to and from the lots. The term private road includes a private
road shown on a registered condominium plan, but does not include a right-of-way, a street or
a lane.
Professional Service
An establishment in which a service is provided for a fee that administers to the needs of
businesses, or a service is provided by professionally qualified persons and their staff to clients
or patients who seek advice, consultation or treatment. The term professional service includes
a travel agency, photographer, veterinary clinic - domestic animals, veterinary clinic - farm
animals, medical office, legal office, real estate office, financial office, photocopy centre, private
investigator, data processing and computer services, personnel agency, and similar uses.
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Public Authority
Any department or agency of the Municipality of Clarington, the Regional Municipality of
Durham, the Greater Toronto Transit Authority, a conservation authority, a public school board,
the Government of Ontario, or the Government of Canada.
Public School Board
The term public school board shall include the Kawartha Pine Ridge District School Board, the
Peterborough Victoria Northumberland and Clarington Catholic District School Board, the
Conseil Scolaire de District Catholique Centre - Sud, or the Conseil Scolaire de District Centre -
Sud - Ouest.
Public Storage Facility
An establishment used for the temporary self-service storage of items and seasonal,
recreational or commercial vehicles, boats and trailers in rental/leasable storage areas or
lockers within enclosed buildings, which are generally accessible by means of individual loading
doors. Outdoor storage areas are only allowed as an accessory use where permitted by the
zone. A public storage facility is only permitted abutting a local street or collector street.
Public Works Depot
An establishment operated by the Municipality, the Region, or the Province where equipment,
motor vehicles, and materials such as road salt and sand used for public works purposes are
stored and/or maintained.
Pumping Station
An establishment used for the purpose of pumping substances such as sewage, municipal
water, oil or natural gas.
Quarry
An area of land where consolidated mineral aggregate, such as shale, stone, limestone,
dolostone, sandstone, marble, granite, or rock is extracted pursuant to a license or a permit
issued under the Aggregate Resources Act. A quarry may include as an accessory use a mineral
aggregate crusher, mineral aggregate processing, and/or mineral aggregate recycling.
-
Wayside Quarry
A temporary quarry opened and used by or for a public authority solely for the purpose of
a particular road construction project or contract and not located on a road allowance.
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Railway Yard
An establishment used for activities directly associated with the operation of a railway, including
but not limited to the loading and unloading of freight, and the maintenance, repair and storage
of railway cars. The term railway yard shall not include a train station.
Recreation Centre
A building and associated lands owned by the Municipality and either operated by the
Municipality or by a non-profit corporation for use by residents of the Municipality for
community activities including, but not limited to recreational, athletic, social, charitable and
educational purposes.
-
Private Recreation Centre
A building and associated lands owned and operated by a private organization in which
facilities are provided for the recreational, educational or social purposes of the residents
of a site. Accessory uses may include a private club, a banquet hall, a professional service,
a personal service, a restaurant, a financial office a business or administrative office, a
convenience store, and a specialty store.
Recreational Competition
Any competition involving sport or other recreational activities.
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Motorized Recreational Competition
Any competition involving sport and other recreational activities using motorized vehicles
for the purposes of entertainment or recreation, and may include tractor pulls,
snowmobile races, motorcycle/moto-cross events, and automobile races.
Recreational Vehicle
A vehicle that is used predominantly for recreational purposes, including recreational trailers,
snowmobiles, motorized and non-motorized boats, personal watercraft, all-terrain vehicles and
recreational motor vehicles.
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Recreational Vehicle Sales and Service
An establishment where new and/or used recreational vehicles and related accessories are
displayed for sale or rent and where recreational vehicles are serviced, repaired, and/or
stored.
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Recreational Vehicle Storage
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A commercial establishment for the storage of licensed recreational vehicles and their
trailers.
Recycling Facility
An establishment where non-hazardous solid waste such as paper, glass, metal, construction
waste and plastic is collected, separated, or processed for further use. The processing and/or
the storage of goods, wares, merchandise, or articles occurs wholly within a building. The term
recycling facility shall not include any outdoor storage area or a waste transfer station.
Reforestation Area
An area in which trees with a minimum height of 30 centimetres representing at least three
individual tree species have been planted.
Refreshment Vehicle
A commercial motor vehicle or trailer located either on a permanent or temporary basis where
food or meals are offered for sale to the public for immediate consumption primarily off-site.
Research and Development Facility
An establishment where research is conducted to refine or develop products and/or services.
Residential Care Facility
See Section 5.3.1 b. for definition.
Resort
A commercial establishment where facilities are provided for recreational and related activities.
Accessory uses may include restaurants and facilities for the sale, rental and repair of
recreational equipment.
Restaurant
An establishment where prepared food and beverages are offered for sale to customers for
immediate consumption.
-
Drive-Through Restaurant
A restaurant with a drive-through.
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Eat In Restaurant
A restaurant in which tables and/or counters are provided for the use of customers.
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Take-Out Restaurant
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A restaurant where tables and/or counters for the use of customers are not provided.
Retirement Home
A residential building maintained and operated for retired persons in need of residential care
where each private bedroom or living area has separate washroom facilities and a separate
entrance from a common hall, and common facilities are provided for the preparation and
consumption of food. Common lounges, recreation rooms and short term medical care facilities
may also be provided. The term retirement home includes a home for the aged as defined by
the Homes for the Aged and Rest Homes Act.
Riding Arena
A building or structure where instruction for the riding, jumping, showing or racing of horses,
ponies and similar equestrian animals is offered and may include accessory uses such as stables,
dressing rooms, snack bars, tack shop and bleachers. A riding arena may include adjacent lands
where pasturing, outdoor riding or outdoor instructional activities are available.
Riding Stable
An agricultural establishment where horses, ponies and similar equestrian animals are available
for hire to the general public for outdoor riding, or where outdoor instruction in riding, jumping
and showing is offered.
Right-of-Way
An area of land on which has been created and registered against the title of the lot on which it
is located, perpetual easements appurtenant to one or more lots that provide access to such
lots to a street. The term right-of-way shall not include a private road.
Salvage Yard
An establishment where goods or materials such as scrap metal are stored wholly or partly in
the open. Limited processing of the stored materials is permitted as an accessory use. A
salvage yard shall not include a motor vehicle wrecking yard.
Saw Mill
An establishment where timber is cut by machine. The temporary storage of uncut and cut
wood and facilities for the sale of cut lumber are permitted as an accessory use.
School
An institution for instruction and may include a public, private or separate school, college,
university or commercial school.
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Commercial School
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A school conducted for profit or gain and shall include a music or dance studio, an art
school, a golf school, a school of athletics, a business or trade school, and other specialized
schools.
-
Elementary School
A school that offers education for all or some of the grades from Junior Kindergarten to
Grade Eight, recognized by the Ministry of Education and which may include facilities for
boarding students registered at the school. A day care centre may be permitted as an
accessory use.
-
Secondary School
A school that offers education, which prepares students for an Ontario Secondary School
diploma, recognized by the Ministry of Education and which may include facilities for
boarding students registered at the school.
Shipping/Cargo Container
Shall mean a prefabricated metal container or box specifically constructed for transport of
goods by rail, ship or transport truck.
Shopping Centre
An establishment containing a minimum of three commercial units, which is designed and
managed as a single, comprehensively planned development with common on-site circulation
and parking for motor vehicles and a common access to an abutting street.
Site Alteration
Means activities such as filling, grading and excavation that would change the landform and
natural vegetative characteristics of land, but does not include,
7)
The construction of facilities for transportation, infrastructure and utilities uses,
by a public body, or
8)
For greater certainty,
a)
The reconstruction, repair or maintenance of a drain approved under the
Drainage Act and in existence on November 15, 2001, or
b)
The carrying out of agricultural practices on land that was being used for
agricultural uses on November 15, 2001.
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Ski Resort
An establishment where snow skiing facilities including ski lifts, tows, maintenance shops, ski
rental, sales, and instructions are provided. A ski resort may include as an accessory use a
restaurant and/or a snack bar.
Sod Farm
Farm and where grass is grown on a commercial basis, and removed and transported, together
with its supporting topsoil, for use in landscaping.
Speedway
An establishment where motor vehicle racing, competitions and training occur on a track.
Accessory uses to the speedway may include, concession stands for the sale of food and
souvenirs, grand stands, buildings for vehicle maintenance and storage, and may include over-
night camping.
Special Event
See Section 5.11.1 a. for definition.
Store
An establishment in which goods, wares, merchandise, substances, or articles, whether for the
personal use of customers or the use of a business, are kept and offered for sale or rent to
customers who visit the store. The term store may include as an accessory use the storage on
the premises of limited quantities of the merchandise sufficient only to service the store.
-
Brew-your-own Store
A store where customers can make their own beer, wine, or other alcoholic beverages for
consumption off the premises, and where the owner or operator may sell related
equipment, bottles and ingredients, and may provide instruction to customers. The term
brew-your-own store shall not include a beer, liquor or wine store.
-
Convenience Store
A store that sells a limited range of food, household and convenience items.
-
Department Store
A store containing a minimum of 5,000 square metres of gross leasable floor area
organized into a number of individual departments and primarily engaged in the sale of a
wide variety of commodities such as clothing, footwear, home furnishings and appliances,
housewares, dry goods, sporting goods, toys, hardware, and motor vehicle supplies and
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accessories. The term department store may include accessory uses such as a motor
vehicle repair garage, a restaurant, a pharmacy, and other personal services and
professional services.
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Factory Outlet Store
A store located on a lot on which the principal use is a warehouse or an industrial use and
within which the products manufactured or stored by the principal use are sold. The
maximum floor area of the store shall not exceed 20% of the floor area of the principal
building, to a maximum size of 300 square metres.
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General Merchandise Store
A store primarily engaged in the sale of a limited variety of personal and household items
such as clothing, footwear, small household appliances, hardware, housewares, dry goods
and toys.
-
Grocery Store
A store where all types of food and other household items are offered for sale, primarily
on a self-service basis.
-
Home Improvement Store
A store which offers a wide variety of home improvement products such as construction
materials and tools, hardware, electrical supplies, plumbing and related fixtures,
bathroom and kitchen cabinetry, doors and windows, home decorating materials including
paint, wallpaper, flooring, carpeting, and lighting. The term home improvement store may
include a seasonal garden and nursery centre.
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Light Equipment Store
A store where light equipment is kept for sale or rent.
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Specialty Store
A store that sells a limited range of merchandise, such as clothing, footwear, books, music,
housewares, electronics, or furniture.
Storey
The portion of a building, other than an attic, basement or cellar, included between any floor
level and the floor, ceiling or roof next above it. A mezzanine shall be deemed to be a storey.
Section 3
Definitions
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
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-
One-Half Storey
A storey located wholly or in part under a sloping roof in which there is sufficient space to
provide a height between finished floor and finished ceiling of at least 2.3 metres over a
floor area equal to at least 50% of the floor area of the storey immediately below.
Street
A road or public highway under the jurisdiction of the Municipality, the Region, or the Province
that is maintained so as to allow normal use by motor vehicles throughout all seasons of the
year, or a road or a public highway located within a registered plan of subdivision that has not
yet been assumed by a public authority. The term street shall not include a lane.
-
Arterial Street
A street having a width ranging from 26 metres to 50 metres.
-
Arterial, Type C
A street having a width ranging from 26 metres to 30 metres.
-
Local Street
A street having a width up to and including 23 metres.
-
Collector Street
A street having a width between 23 metres and 26 metres.
Street Line
A limit of a street, private road or lane.
Street Related Building Entrance
A principal entrance to a building located in the part of a façade fronting onto a street and
located within 0.2 metres above or below finished grade. A street-related building entrance
shall be recessed a maximum of 6 metres from the façade.
Structure
A man-made construction that is fixed to the earth or attached to another structure on a
temporary or permanent basis. The term structure shall include a free-standing fence or wall,
but shall not include a motor vehicle, a truck trailer, a recreational trailer, a recreational vehicle,
pavement, curbs, walkways or other open air surfaced areas.
Section 3
Definitions
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Swimming Pool
An artificial body of water contained within an enclosure constructed of cement, plastic,
fibreglass or similar material, having a depth greater than 0.45 metres and intended primarily
for swimming and/or diving.
Tea Room and/or Tea Garden
Tea room and/or tea garden shall mean an establishment serving tea and light refreshments.
Temporary Sales Office
See Section 5.8.1 b. for definition.
Tent
A portable and temporary shelter with or without side panels that is not permanently fixed to
the ground, that is supported by poles, and that is made of canvas, plastic or similar materials.
Theatre
An establishment devoted to showing motion pictures or live performances, and may include
accessory uses such as a snack bar.
Trailer
A vehicle designed to be attached to a motor vehicle for the purposes of being drawn or
propelled. The term trailer shall not include a trailer that is designed to be attached to a
commercial motor vehicle.
-
Recreational Trailer
A trailer constructed as a self-contained unit, capable of being utilized for the temporary
living, sleeping, or eating accommodations of one or more persons.
-
Utility Trailer
A trailer designed and used for the transport of materials and that is capable of being
towed by a motor vehicle. The term utility trailer shall not include a trailer designed to be
towed as part of tractor-trailer that is a commercial motor vehicle.
-
Trailer Park
A parcel of land where individual sites are made available on a rental basis for transient
and seasonal occupancy for the placement of recreational trailers, recreational motor
vehicles, or tents, for recreational or vacation purposes.
Section 3
Definitions
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Last update May 2016
Train Station
An establishment where passengers board and disembark from trains, and may include
accessory uses such as a ticket office, restaurant, and luggage checking facilities. The term train
station shall not include a railway yard.
Transport Depot
An establishment where commercial motor vehicles are kept for rent or lease, or are parked for
a fee, or from which commercial motor vehicles are dispatched, and may include facilities for
servicing and repairing the commercial motor vehicles stored at the site as an accessory use.
Transportation, Infrastructure and Utilities
Shall include public highways, transit lines, railways and related facilities, gas and oil pipelines,
sewage and water service systems and lines and stormwater management facilities, power
transmission lines, telecommunications lines and facilities, including broadcasting towers,
bridges, interchanges, stations, and other structures above and below ground, that are required
for the construction, operation of these uses and any rights of way required for these facilities.
Use
When used as a noun, the term use shall mean the purpose or function for which a lot, building
or structure or any combination thereof, is designed, arranged, occupied or maintained. When
used as a verb, use and used shall have corresponding meanings
Utility Substation
A building or structure used in connection with the transmission and delivery of electricity or
telephone service, but does not include a telecommunications tower. An outdoor storage area
is not permitted in association with this use.
Veterinary Clinic - Domestic Animals
An establishment where a veterinarian administers care for the cure, prevention, and treatment
of disease and injury to domestic animals, not including farm animals, and that may also contain
a shelter for domestic animals during the treatment period.
Veterinary Clinic - Farm Animals
An establishment where a veterinarian administers care for the cure, prevention and treatment
of disease and injury to farm animals and that may also contain an animal enclosure for farm
animals during the treatment period. A veterinary clinic - domestic animals may be permitted
as accessory to the veterinary clinic - farm animals.
Section 3
Definitions
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Video Arcade
An establishment containing four or more coin-operated pinball machines, video game
machines, and any other electronic or mechanical machines used for entertainment purposes.
The term video arcade shall not include a video lottery terminal.
Video Lottery Terminal
An electronic or mechanical machine used for the purposes of gambling or placing a bet or
wager.
Visibility Triangle
See Section 4.11.1 a. for definition.
Warehouse
An establishment used for the storage and distribution of goods, wares, merchandise,
substances, or articles, and includes facilities for the loading and unloading of commercial
motor vehicles.
Waste Disposal Site
Land, buildings and/or structures where domestic and/or industrial, commercial or institutional
waste is permanently stored or disposed of. The term waste disposal site includes a landfill site
and an incinerator, but shall not include any facility for the disposal of liquid or hazardous
wastes.
Waste Transfer Station
An establishment where waste or recyclable material is sorted, separated, and/or prepared for
further transportation to a waste disposal site and/or a recycling facility located on a different
lot.
Watercourse
A natural or man-made channel through which water flows on an intermittent or permanent
basis.
Water Park
A commercial establishment in which water-based recreational activities such as swimming
pools and water slides are provided.
Wind Farm
A lot(s) used for the generation of electricity by two or more wind turbines.
Section 3
Definitions
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Wind Turbine
See Section 5.15 for definition.
Yard
See Section 4.12.1 b. for definition.
-
Exterior Side Yard
See Section 4.12.1 b. i) for definition.
-
Front Yard
See Section 4.12.1 b. ii) for definition.
-
Interior Side Yard
See Section 4.12.1 b. iii) for definition.
-
Rear Yard
See Section 4.12.1 b. iv) for definition.
-
Yard Setback
See Section 4.12.1 b. v) for definition.
Zoo
An establishment open to the public in which animals are confined and displayed within
appropriate enclosures, and which may include facilities for the training of animals.
Section 4
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4.0
General Development Provisions
4.1
Accessory Buildings, Structures and Uses
4.1.1
For the purposes of this By-law:
a.
Accessory shall mean a building, structure or use that is normally incidental,
subordinate and exclusively devoted to the principal building, structure or
use located on the same lot, and that is established or constructed during
or after the establishment or construction of the principal building,
structure or use.
4.1.2
Where this By-law permits a lot to be used for a purpose permitted in the zone in
which the lot is located, a building, structure and/or use accessory to the principal
use of the lot shall be permitted, provided that:
a.
An accessory building or structure shall not be used for human habitation,
except where specifically permitted in this By-law;
b.
Except in a Commercial or Industrial Zone, an accessory building or
structure shall not be used for any activity for gain or profit, except where
specifically permitted in this By-law;
c.
A boat house, pump house or boat dock may be constructed and used in
the required yard of a lot which includes or abuts a navigable waterway,
provided such accessory building or structure complies with all other
requirements of the zone;
d.
An outdoor swimming pool, whether above-ground, on-ground or in-
ground, shall be deemed not to be an accessory structure for the purposes
of calculating either the total lot coverage for all buildings and structures or
the total floor area for all accessory buildings and structures;
e.
Landscaping features such as hedges, trees, and shrubs, and accessory
structures such as fences, freestanding walls, flag poles, and light standards
are permitted in any required yard unless otherwise specifically prohibited
in this By-law; and
f.
In a Commercial Zone, a maximum of three coin-operated entertainment
machines such as pinball machine or a video game, but excluding a video
terminal may be permitted as an accessory use
g.
No shipping/cargo container shall be used as an accessory structure.
4.1.3
Table 4-1 provides regulations for accessory structures. Where a zone category is
not identified in Table 4-1, the accessory building/structure and use shall comply
with the parent zone regulations.
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TABLE 4 - 1
REGULATIONS - ACCESSORY BUILDINGS, STRUCTURES AND USES
Legend
≠ Not applicable
ZR Zone
regulation
(#) Notation
Total Lot
coverage
(max)
Total
accessory
Floor Area
(max)
Height
(max)
Yard Setbacks
Front
Rear
Interior Side
Exterior
Side
Rural Settlement Zones
Detached garage
90 m2 for
lots less
than 2
hectares
120 m2 for
lots with a
minimum
lot area of
2 hectares
4.5 m
ZR
1.2 m(1)
1.2 m(2)
ZR
Antenna
≠
ZR
0.6 m measured from edge
of antenna
ZR
Communications
receiver
3.7 m
ZR
0.6 m measured from edge
of communications receiver
ZR
Play equipment;
Diving board;
Pool slide
10% of lot area
3 m
ZR
1.2 m
1.2 m
ZR
Climate control
device
≠
ZR
ZR less
1 m
1.2 m
ZR less 1
m
Other uses
3 m if the
floor
area is
less than
10m2
4.5 m
ZR
1.2 m
1.2 m
ZR
Commercial and Industrial Zones
All uses
50% of ground
floor area of
principal
building
60 m2
5 m
ZR
1.2 m
1.2 m
ZR
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Notations for Table 4-1
(1)Rear Yard setback where the read yard abuts a lane - 2 metres
(2) Interior side yard setback where there is a common wall with a detached garage on an abutting lot - 0
metres.
(3) Yard setback for parking commercial motor vehicle and recreational vehicle - 5 metres; where abutting
a Rural Settlement Zone or a lot with a dwelling located within 15 metres of the common lot line - 10
metres.
4.2
Attached Garages and Carports
4.2.1
A garage or carport attached to a single detached dwelling, semi-detached dwelling, or
townhouse dwelling may have a floor area not greater than 25% of the dwelling to
which it is accessory or 25% of the prescribed minimum floor area for a residential
dwelling within the applicable zone, whichever is greater.
4.2.2
An attached garage or carport shall be permitted to project closer to the street line
than the façade of the dwelling to which it is attached, as measured between finished
grade and a height of three metres, in accordance with Section 4.5.
4.2.3
The projection for the attached garage or carport may be measured from a porch with
a depth of two metres and a minimum area of 4 square metres.
4.2.4
An attached garage may not exceed 55% of the width of the façade of the dwelling
unit to which it is attached.
Institutional and Utility Zones
All uses
10% of lot area
60 m2
5 m
ZR
1.2 m
1.2 m
ZR
Agricultural and Open Space Zones
Accessory to
dwelling
10% of lot area
90 m2 for
lots less
than 2
hectares
120 m2 for
lots with a
minimum
lot area of
2 hectares
5 m
ZR
1.2 m(3)
1.2 m(3)
ZR
TABLE 4 - 2
REGULATIONS - ATTACHED GARAGES AND CARPORTS
Zone
Projection Permitted
A, NC, NL, RS1
2 m
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4.3
Dwellings Below Grade
4.3.1
A dwelling designed to have all or part of its floor area located partially below finished
grade shall be permitted provided that:
a.
The window area of the dwelling above finished grade is equal to 10% of the
total floor area of the dwelling; and
b.
Each of the living room, the dining room, the kitchen, and the bedrooms has a
window area above finished grade equal to 10% of the floor area of the room.
4.4
Frontage on a Street
4.4.1
No lot shall be used and no building or structure shall be constructed or used on any
lot unless such lot has frontage on and access to a street.
4.4.2
The provisions of Section 4.4.1 shall not apply to an existing lot that does not have
frontage on a street, but that has access to an existing private road or an existing
perpetual right-of-way.
4.4.3
Where an existing building or structure is located on a lot that does not have frontage
on a street or on a lot that does not have access to a perpetual right-of-way, the
provisions of Section 4.4.1 shall not apply to prevent the enlargement, extension or
renovation of such building or structure or the construction and use of accessory
buildings or structures on such lot.
4.5
Height of a Building or Structure
4.5.1
As illustrated in Figure 4-1, the height of a building or structure shall be measured as
the vertical distance between the finished grade adjacent to each wall of the building
or structure and:
a.
In the case of a flat roof, the highest point of the roof surface;
b.
In the case of a gable or hip roof, the average height between the eaves and
the ridge of the roof;
c.
In the case of a mansard or gambrel roof, the roof deck line.
d.
In the case of a saltbox roof, the average height between the eaves and the
peak of the longer roofline.
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4.5.2
When determining the height of a building or structure, the following shall be
excluded:
a.
Church spires, minarets, belfries, ornamental domes, chimneys, cupolas,
clock towers, towers, flag poles, antennas;
b.
Bulkheads, mechanical equipment, water tanks, solar collectors, skylights,
vents and structures enclosing equipment or stairs, provided that such
equipment or structures are less than 4.5 metres in height and do not
occupy more than 30% of the area of the roof upon which they are
located.
FIGURE 4 - 1
DETERMINING HEIGHT OF A BUILDING OR STRUCTURE
4.5.3
Except as specifically permitted by this By-law, the height restrictions provided by
this By-law shall not apply to free-standing water tanks, flag poles, antennas,
electricity transmission towers, communication towers, grain elevators, barns and
silos.
4.5.4
A communications receiver with an area not greater than 0.5 square metres and
mounted on the roof of a building or structure may project 1 metre above the
highest point of the roofline of the building or structure.
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4.6
Holding (H) Symbols and Overlay Zones
4.6.1
Except in a case referred to in Section 4.6.2 of this By-law, where a zone
symbol shown in a Schedule to this By-law is preceded by the symbol (H),
until such time as the (H) symbol is removed from the land by amendment to
this By-law, no land shall be used and no building or structure shall be
constructed, enlarged, extended or used for any purpose other than for the
purpose of continuing the existing use thereof, or for the purpose of
conservation.
4.6.2
Where on a Schedule to this By-law a hatched area overlays a zone, the
applicable provisions and regulations of the underlying zone shall continue to
apply, however the hatched area denotes the Minimum Area of Influence
Zone (MAOI) which depicts a 90 metre area of influence from a natural
heritage feature and/or hydrologically sensitive feature and its associated
minimum vegetation protection zone area.
4.6.3
Except in a case referred to in Section 4.6.2 of this By-law, where a zone
symbol shown in a Schedule to this By-law is within the Minimum Area of
Influence Zone (MAOI), a one-time addition to an aforesaid principal building
or structure or any one or all accessory buildings or structures for the same
purpose for which it was used on November 15, 2001, provided that:
a.
A minimum 5 metre yard setback from the nearest Environmental
Protection Zone is maintained;
b.
The removal of any natural heritage feature and/or hydrologically
sensitive feature located on the lot does not exceed 15% of the area
of the lot; and the applicable regulations contained in this By-law are
complied with.
4.7
Landscaped Area
4.7.1
For the purposes of this By-law:
a.
Landscaped Area shall mean an open area designed and used to
enhance the visual amenity of a lot and/or to provide a screen to
mitigate any aspects that may detrimentally affect abutting lots. The
area shall contain any combination of horticultural elements such as
grass, flowers, shrubs, bushes, or trees, and may also contain
architectural elements such as decorative stonework, planters, or
screening. The area shall be located at the finished grade of a lot.
The term landscaped area includes any surfaced walks, patios or
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similar areas, but shall not include any driveway, ramp, curb, parking
area, or any space below, within or on top of a building or structure,
or any lands zoned "EP - Environmental Protection".
b.
Naturalized Area shall mean an area designed to enhance and restore
the self-sustaining vegetation, providing opportunities for
connectivity enabling the movement of vegetation and wildlife.
4.7.2 Landscaped areas shall be provided in accordance with Table 4 - 3:
TABLE 4 - 3
REGULATIONS - LANDSCAPED AREAS
Legend
≠ Not
applicable
Rural
Settlement
Zones
Commercial
Zones
Industrial
Zones
Institutional
Zones
Front yard
30%
0 - 3 m setback - area between street line and building
shall be landscaped(1)
3.1 - 15 m setback - 3 m wide; greater than 15 m
setback - 4.5 m wide
Exterior side
yard
70%
Interior side
yard
≠
where abutting a Rural Settlement Zone - 1.5 m
Rear yard
≠
Notations for Table 4 - 3
(1)
A 3 metre wide landscaped area shall be provided where a parking area at finished grade
abuts a street line
4.7.3
In all zones except Rural Settlement Zones, where a landscaped area is
required by this By-law, nothing in this By-law shall apply to prevent such
landscaped area from being traversed by a permitted driveway or right-of-
way.
4.8
Lots Deficient in Area and/or Frontage
4.8.1
Land may be used, and a building or structure may be constructed, altered or
used on a lot having a lesser lot area and/or lot frontage than required by this
By-law, provided that the lot is legally conveyable on the day prior to the
passing of this By-law, or is created as a result of expropriation. The building,
structure or use must conform to all other applicable provisions and
regulations of this By-law.
4.8.2
The provisions of Section 4.8.1 shall not apply to permit the establishment of
a non-residential use on any lot less than 2 hectares in area located in the A,
NC, or NL Zones.
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4.9
Non-Conforming Buildings, Structures and Uses
4.9.1
For the purposes of this By-law:
a.
Legal Non-Conforming Building, Structure or Use shall mean any land,
building, or structure used for any purpose prohibited by this By-law
provided such land, building or structure was lawfully used for such
purpose on November 15, 2001, as long as it continues to be used for
that purpose;
4.9.2
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any legal non-conforming building or structure or part thereof,
provided that the strengthening or restoration does not increase the height,
floor area or volume of the building or structure.
4.9.3
Where a lot has been created in the A, NC, or NL Zones in accordance with
the provisions of the Clarington Official Plan, that portion of the original lot
which is deficient in lot area from which the severed lot has been created
shall be deemed to be an existing non-complying lot and shall be deemed to
comply with the minimum setback requirements of Section 4.12.6 and 4.12.7
of this By-law.
4.9.4
Nothing in the By-law shall prevent an expansion of a legal non-conforming
building or structure on the same lot or expansion of an existing institutional
use, provided that such expansion does not represent a change in use, and
the expansion will not contravene any provision of this By-law or further
increase the non-compliance.
4.9.5
Nothing in this By-law shall prevent the reconstruction within twenty-four
(24) months, within the same location and dimensions of any legal non-
conforming building or structure or part thereof, that is damaged or
destroyed by causes beyond the owner's control, and the reconstructed
building or structure shall be deemed to be an existing building or structure if
there is no change in use and no intensification of the use.
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4.10
Servicing Requirements
4.10.1 Except as specifically provided for in this By-law, no building or structure may be
constructed or enlarged and no use may be established on any lot unless:
a.
The lot is serviced by a private potable water supply system and a
private sanitary waste disposal system installed in accordance with the
requirements of the appropriate public authority.
4.10.2 Subsection 4.10.1 does not prevent the construction or use of a building or
structure accessory to any use permitted in the zone.
4.10.3 Subsection 4.10.1 does not prevent the construction or use of a farm building or
structure.
4.11
Visibility Triangles
4.11.1 For the purposes of this By-law:
a.
Visibility Triangle shall mean a triangular-shaped area of land abutting a
lane, street or private road that is required to be kept free of
obstructions that could impede the vision of a pedestrian or the driver
of a motor vehicle exiting onto or driving on the lane, street or private
road.
4.11.2 As illustrated in Figure 4-2, a visibility triangle shall be determined as follows:
a.
The visibility triangle adjacent to an exterior side lot line shall be the
area enclosed by each of the street lines measured to a point 5 metres
back from the intersection of the street lines, and a diagonal line drawn
between these two points;
b.
The visibility triangle for a driveway, lane, or right-of-way shall be the
area enclosed by the line along the limits of the driveway and the street
line measured to a point 3 metres back from the intersection of the
street lines and the limits of the driveway, lane, or right-of-way and a
diagonal line drawn between these two points.
4.11.3 Within a visibility triangle:
a.
No building or structure shall be constructed, no motor vehicle, trailer or
recreational vehicle shall be parked or stored;
b.
No fence shall be constructed with a height greater than 0.75 metres;
and
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c.
No landscaping feature, including shrubs or trees, are permitted that
would impede vision between 0.75 metres and 2.5 metres of height.
4.11.4 No parking space or driveway shall be permitted within a visibility triangle
formed at the intersection of any combination of streets, private roads, rights-
of-way, or lanes.
FIGURE 4-2
DETERMINING VISIBILITY TRIANGLES
4.12
Yards and Yard Setbacks
4.12.1 For the purposes of this By-law:
a.
Established Building Line (see Figure 4 - 3) shall mean the average yard
setback from the street line of the existing principal buildings on one
side of a street or private road with a minimum of three lots where at
least 50% of the lots on that side of the street or private road have been
built upon;
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b.
Yard (see Figure 4 - 4) shall mean an open space located on the same lot
as a building or structure, that is open, uncovered and unoccupied from
the ground to the sky except for such accessory buildings, structures or
uses or projections that are specifically permitted in this By-law;
i)
Exterior Side Yard shall mean a yard extending from an exterior
side lot line to the wall of the building, structure or outdoor
storage area extending from the front yard to the rear yard;
ii)
Front Yard shall mean a yard extending across the full width of
the lot between the front lot line and the wall of the building or
structure permitted on the lot;
iii)
Interior Side Yard shall mean a yard extending from an interior
side lot line to the wall of the building, structure or outdoor
storage area extending from the front yard to the rear yard;
iv)
Rear Yard shall mean a yard extending across the full width of
the lot between the rear lot line and any wall of the principal
building, structure or outdoor storage area permitted on the lot;
v)
Yard Setback (see Figure 4 - 5) shall mean the shortest distance
required by the By-law between a lot line and the nearest part
of any wall of any building, structure or use on the lot.
4.12.2 As illustrated in Figure 4-3, where there is an established building line extending
on one or both sides of a lot in a Rural Settlement or Commercial Zone, the
minimum front yard setback required for a principal building on the lot may be
reduced to the established building line as measured within 60 metres of the lot.
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FIGURE 4 - 3
DETERMINING ESTABLISHED BUILDING LINE
FIGURE 4 - 4
TYPES OF YARDS
REQUIRED
AVERAGE SETBACK
BUILDINGS
ESTABLISHED / EXISTING
FRONT
YARD
SETBACK
STREET / PRIVATE ROAD
STREET / PRIVATE ROAD
STREET / PRIVATE ROAD
STREET / PRIVATE ROAD
STREET / PRIVATE ROAD
EXTERIOR SIDE LOT LINE
EXTERIOR
SIDE YARD
INTERIOR SIDE LOT LINE
YARD
FRONT LOT LINE
REAR LOT LINE
REAR
FRONT
YARD
INTERIOR
SIDE YARD
BUILDING
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FIGURE 4 - 5
DETERMINING YARD SETBACKS
4.12.3 All residential buildings shall have a minimum 30 metre yard setback from any
railway property line.
4.12.4 Except as specifically provided for in this By-law, all buildings and structures shall
be setback 30 metres from any watercourse not located within an
'Environmental Protection - EP' Zone.
4.12.5 Projections into required yard setbacks are permitted in accordance with the
provisions of Table 4-4.
STREET / PRIVATE ROAD
STREET / PRIVATE ROAD
EXTERIOR SIDE LOT LINE
MINIMUM
EXTERIOR
SIDE YARD
INTERIOR SIDE LOT LINE
MINIMUM
INTERIOR
SIDE YARD
SETBACK
SETBACK
MINIMUM
FRONT YARD
SETBACK
MINIMUM
REAR YARD
SETBACK
FRONT LOT LINE
REAR LOT LINE
BUILDING
ENVELOPE
Section 4
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page | 4-14
Last Update May 2016
4.12.6
TABLE 4 - 4
REGULATIONS - PROJECTIONS INTO REQUIRED YARD SETBACKS
Structure
Yard into which
projection is permitted
Projection into required
yard setback (max)
Access ramps for physically disabled;
exterior stairs and fire escapes
Single detached dwelling,
semi-detached dwelling
- rear yard and side yard
1 m, provided no yard
setback is reduced to less
than 1.2 m
Triplex, fourplex,
apartment building,
townhouse building,
mixed use building
- rear yard and side yard
1 m, provided no yard
setback is reduced to less
than 1.5 m
Awnings, balconies, canopies, decks
or porches on a residential building
All
1.5 m, provided no yard
setback is reduced to less
than 1.2 m.
Awnings or canopies in a Commercial,
Industrial or Institutional Zone
All
3 m, provided the canopy or
awning is a minimum height
of 2.5 m above finished grade
Belt courses, chimneys, cornices,
eaves, gutters, parapet, pilaster, or sills
All
0.6 m
Cantilevered floors; window bays
All
0.75 m, provided no yard
setback is reduced to less
than 1.2 m
4.12.7 No residential, institutional, industrial, commercial or recreational use, located on
a separate lot otherwise permitted by this By-law shall be erected or enlarged
unless it complies with the Minimum Distance Separation Formulae.
4.12.8 Notwithstanding any other yard or setback provision in this By-law, no livestock
facility shall be erected or enlarged unless it complies with the Minimum Distance
Separation Formulae.
4.12.9 Sections 4.12.7 and 4.12.8 shall not apply to:
a.
A residential building constructed on an existing lot or a lot within a
registered plan of subdivision.
b.
A livestock facility located within the limits of a settlement
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 5-1
Last Update May 2016
5.0
Special land Use Provisions
5.1
Banking Machines and Postal Outlets
5.1.1
For the purposes of this By-law:
a
Banking Machine shall mean an electronic machine used by the general
public to conduct electronic financial transactions.
b.
Postal Outlet shall mean a building where postal services including
mailing, delivery and sorting of mail is carried out. Accessory uses may
include post office boxes and the retail sale of mail related items such as
stamps and envelopes.
5.1.2
A banking machine or postal outlet shall be permitted in any Commercial or
Industrial Zone provided it is located within a principal building permitted within
that and may be accessed from within or from outside the building.
5.2
Bed and Breakfast
5.2.1
For the purposes of this By-law:
a.
Bed and Breakfast shall mean an establishment that provides sleeping
accommodation (including breakfast and other meals, services, facilities
and amenities for the exclusive use of guests) for the traveling or
vacationing public in up to three guest rooms within a single detached
dwelling that is the principal residence of the proprietor of the
establishment.
5.2.2
TABLE 5 - 1
REGULATIONS - BED AND BREAKFAST
Number of guest rooms (max)
3
Number of parking spaces
1 per guest room in addition to spaces
required for the dwelling
Location of all parking spaces
Any yard, provided no more than 3
parking spaces are located in the front
yard or exterior side yard
Landscape area
30% in front yard
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
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5.3
Crisis Care Facilities and Residential Care Facilities
5.3.1
For the purposes of this By-law:
a.
Crisis Care Facility shall mean an establishment operating as a single
housekeeping unit and used for the short term accommodation of a
minimum of three persons, not including staff, who live under
supervision and who require a temporary living arrangement for their
well being;
b.
Residential Care Facility shall mean an establishment operating as a
single housekeeping unit, for a maximum of eight individuals,
exclusive of staff and/or receiving persons, with social, legal,
emotional, mental and/or physical disabilities, and where the well-
being of its residents is provided for and supported through self-help,
professional care, guidance and supervision. The term residential
care facility shall not include a corrections residence.
5.3.2
A crisis care facility and residential care facility shall be permitted in all
dwelling types within all zones where residential uses are permitted provided
the facility complies with Table 5-2;
TABLE 5 - 2
REGULATIONS - CRISIS CARE FACILITIES AND RESIDENTIAL CARE FACILITIES
Private amenity area
The greater of:
i)
20 m2 per resident; or
ii)
150 m2 total
Must be located in rear yard
Floor area per resident
20 m2 of gross residential floor area
Number of parking spaces
1 per every two bedrooms
5.4
Garage Sales
5.4.1
For the purposes of this By-law:
a.
Garage Sale shall mean a temporary and occasional activity accessory
either to a dwelling, or a building used by a non-profit or community
organization. Items sold at a garage sale shall be owned by either the
occupants of the dwelling or a non-profit or community organization.
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
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Last Update May 2016
5.4.2
TABLE 5 - 3
REGULATIONS - GARAGE SALES
Building type
Places of worship, public school, private school,
recreation centres,
Dwelling type
Single detached, semi-detached, duplex,
townhouse
Duration (max)
3 consecutive days during daylight hours only
Location on lot
Exterior side yard, front yard, and/or attached
garage
Number permitted (max)
3 garage sales per calendar year
5.5
Home Industries
5.5.1
For the purposes of this By-law:
a.
Home Industry shall mean a small scale industrial operation that is
carried on, in whole or in part, in accordance with the provisions of this
By-law, as accessory to a permitted single detached dwelling.
5.5.2
The following are examples of uses that are permitted to be conducted as a
home industry:
a.
Custom furniture making or restoration;
b.
Small engine repair;
c.
Welding;
d.
Woodworking and crafts; and
e.
The production of value - added agricultural products such as cider,
honey or wine.
5.5.3
The following are examples of uses that are not permitted to be conducted as a
home industry:
a.
Automotive repair, automotive painting, motor vehicle body shop or
furniture stripping;
b.
Any use that could create a public nuisance due to noise, glare, dust,
odours, vibration, interruption of communication signals, or traffic
generation, and
c.
Any use that requires receipt or delivery of merchandise, goods or
equipment by motor vehicles exceeding 4 tonnes at registered gross
vehicle weight.
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 5-4
Last Update May 2016
5.5.4
TABLE 5 - 4
REGULATIONS - HOME INDUSTRIES
Legend
(#) Notation
Lot Area
0.8 ha
Location on lot
Single detached dwelling (1), attached garage, or
accessory building
Floor area (max) of home industry
200 m2
Floor area (max) of all accessory
buildings if home industry located
on lot
200 m2
Number of employees (max)
4 people, which may include 2 persons who do not
reside in the dwelling (2)
Yard setback
ZR (3)
Parking (4)
1 space for each employee that resides on a different
lot, plus the number of spaces for the use required by
Section 6
Outdoor Storage
No exterior display or storage of goods
Notations for Table 5 - 4
(1)
50% (max) of dwelling may be used for a home industry to a maximum of 200 m2 whichever is less.
(2)
Where a home industry is located on the same lot as a home occupation, the regulations in Table 5 - 4
regarding maximum floor area and number of employee shall apply in total, to both the home
occupation and home industry.
(3)
Accessory building containing a home industry shall be located in the rear yard.
(4) Parking spaces are not required for a home industry that does not require the delivery or pick-up of
goods, does not have clients coming to the dwelling, and does not have employees who reside on a
different lot.
5.6
Home Occupations
5.6.1
For the purposes of this By-law:
a.
Adult Home Care Shall mean a home occupation that provides temporary
care and companionship to senior citizens and/or adults with disabilities
on a regular basis for a continuous period not exceeding 24 consecutive
hours;
b.
Children's Home Care shall mean a home occupation that provides
temporary care and education of children on a regular basis and for
continuous periods not exceeding 24 consecutive hours;
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
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Last Update May 2016
c.
Home Occupation shall mean an occupation or business that is carried on
in accordance with all provisions of this By-law, within a dwelling as
accessory to a permitted residential use.
5.6.2
A home occupation may be conducted in association with any permitted dwelling
subject to the provisions of Section 5.6 and further provided that the home
occupation is clearly accessory to the residential use of the dwelling and does not
change the residential character of the dwelling.
5.6.3
The following uses are permitted to be conducted as a home occupation:
a.
Personal service;
b.
Professional service;
c.
Business or administrative office;
d.
Instructional service for a maximum of three students at one time;
e.
Home craft business;
f.
Caterer;
g.
Children's home care;
h.
Adult home care; and
i.
Home appliance service.
5.6.4
The following uses are not permitted to be conducted as a home occupation:
a.
Retail sales, with the exception of home craft products;
b.
Light equipment service;
c.
Motor vehicle repair garage;
d.
Motor vehicle body shop;
e.
Furniture stripping
f.
Any use that could create a public nuisance due to the levels of traffic,
noise, glare, dust, odours, or vibration associated with the use, or due to
the interruption of communication signals.
5.6.5
In the case of an apartment dwelling or a townhouse dwelling, a home
occupation shall be restricted to a business or administrative office which does
not require the delivery or pick-up of goods, does not have clients coming to the
dwelling, and does not have employees who reside on a different lot.
5.6.6
An adult home care may accommodate a maximum of five adults that do not
reside in the dwelling at one time. The rear yard of the dwelling may be used as
accessory to the adult home care establishment.
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 5-6
Last Update May 2016
5.6.7
A children's home care may accommodate a maximum of five children, not
including the owner's children. The rear yard of the dwelling may be used as
accessory to the children's home care.
5.6.8
TABLE 5 - 5
REGULATIONS - HOME OCCUPATIONS
Legend
(#) Notation
Floor area (max)
30% of dwelling, to a maximum of 100 m2 (1)
Number of employees (max)
3 people, which may include 1 person who does not
reside in the dwelling (1)
Parking(2)
1 space for an employee that resides on a different
lot, plus the number of spaces required by Section 6
Location on lot
Not permitted in accessory building or attached
garage
Outdoor Storage
No exterior display or storage of goods
Notations for Table 5 - 5
(1)
Where a home industry is located on the same lot as a home occupation, the regulations in Table 5 - 4
regarding maximum floor area and number of employee shall apply in total, to both the home
occupation and home industry.
(2) Parking spaces are not required for a business or administrative office that does not require the delivery
or pick-up of goods, does not have clients coming to the dwelling, and does not have employees who
reside on a different lot.
5.7
In-House Apartment Dwellings
5.7.1
An in-house apartment dwelling shall only be permitted in a single detached
dwelling or a semi-detached dwelling located in an Urban Residential Zone,
provided that sanitary sewer and water services to the in-house apartment
dwelling are provided by a public authority.
5.7.2
An in-house apartment dwelling which existed prior to November 16, 1995 and
which is located within a townhouse dwelling shall be deemed to be a permitted
use, provided that sanitary sewer and water services to the in-house apartment
dwelling are provided by a public authority.
5.7.3
An in-house apartment dwelling shall have minimum floor area of 40 square
metres.
5.7.4
One parking space shall be provided for each in-house apartment dwelling. A
parking space is not required for an in-house apartment dwelling established
prior to November 16, 1995.
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 5-7
Last Update May 2016
5.8
Model Homes, Temporary Sales Offices and Construction Uses
5.8.1
For the purposes of this By-law:
a.
Model Home shall mean a finished dwelling that is used as an example of
a product offered for sale to purchasers by a realtor, builder, developer,
or contractor. The dwelling may be furnished but not occupied as a
residence while being used as a model home;
b.
Temporary Sales Office shall mean a mobile home or a permanent
building, including a model home, used exclusively by a realtor, builder,
developer or contractor on a temporary basis for the sale, display and
marketing of residential lots and dwellings within a draft approved
subdivision or condominium plan.
5.8.2
A building permit for a model home in a draft approved plan of subdivision may
be issued provided that:
a.
The model home is located in the draft approved subdivision plan;
b.
The developer has entered into a subdivision agreement with the
Municipality;
c.
The developer has entered into an agreement with the appropriate
public authority regarding the provision of sanitary sewer and water
services
d.
The model home complies with the regulations of the zone in which it is
located.
5.8.3
A temporary sales office for a draft approved subdivision or condominium plan
may be located on lands within the draft approved plan. The temporary sales
office shall be removed or cease operation no later than the sale of the last lot or
the occupation of the last dwelling.
5.8.4
A minimum of eight parking spaces shall be provided for a model home or a
temporary sales office.
5.8.5
Temporary buildings or trailers associated with construction work are permitted
on a lot, or on lands within a draft approved subdivision or condominium plan for
the duration of construction work or for as long as the building permit is active,
whichever comes first. No temporary building or trailer intended for
construction work purposes shall be located in a visibility triangle or used for
human habitation.
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
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Last Update May 2016
5.9
Portable Asphalt Plants
5.9.1
A portable asphalt plant used to supply materials to a construction project
undertaken by or on behalf of a public authority shall be permitted on a
temporary basis in any zone except an Environmental Protection (EP) Zone or a
Rural Settlement (RS1) Zone provided that the proposed use:
a.
Is located a minimum of 30 metres from any lands zoned EP; and
b.
Is located a minimum of 90 metres from any residential lot.
5.10
Public Use Exemptions
5.10.1 The provisions of this By-law shall not apply to prohibit the use of land, or the use
of buildings or structures within any part of the Municipality for the following
purposes:
a.
A fire station, a police station, ambulance station, commuter train station
provided on behalf of a public authority, except within the A, NC, NL, EP
and P zones within the Oak Ridges Moraine;
b.
Sanitary sewer or water facilities and systems provided by or on behalf of
a public authority;
c.
A municipal or community service, including a park and passive
recreational trails, provided by the Municipality, a local board of the
Municipality, or a tenant of the Municipality on land or in a building or
structure owned by or leased to the Municipality. Municipal or
community service uses are limited to passive parks within the NC and
NL zones.
d.
Conservation and environmental education, including passive
recreational trails, on lands owned by or leased to a Conservation
Authority;
e.
The processing of heavy water, electricity generation and research
including but not limited to the production of nuclear energy, and
administration and consumer and public relations in connection with
electricity generation on land or in a building or structure owned by or
leased to Ontario Power Generation;
f.
An electricity transmission corridor, including towers and lines, on any
land or structure owned by or leased to Veridian Corporation of the
Hydro One Network Inc.
g.
An oil or natural gas transmission corridor, including pipes and necessary
pumping stations, in/on land or in any building or structure owned by
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
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Last Update May 2016
Hydro One Network Inc., Trans Canada Pipelines, TransNorthern Pipeline
or InterProvincial Pipeline, or successor companies.
h.
Publicly initiated Transportation, Infrastructure and Utilities.
5.10.2 The provisions of this By-law shall not apply to prohibit the use of land, buildings
or structures within any part of the Municipality for the following uses provided
such uses existed on November 15, 2001 and continue to be used for that
purpose:
a.
A public school;
b.
A railway corridor owned by St. Lawrence & Hudson or by C.N. Rail; and
c.
Electricity substations on lands owned by or leased to Veridian
Corporation or Hydro One Network Inc.
5.10.3 The provisions of this By-law shall not apply to prohibit the location, construction
or use within a road allowance in any part of the Municipality for a road, or for
any structure, wires, transformers or equipment for the purposes of signal
receiving, electricity or gas transmission or distribution, telecommunication, or
cable television reception, transmission and distribution.
5.10.4 The following requirements shall apply to lands, buildings or structures being
used for a public use pursuant to the provisions of Section 5.10.1, 5.10.2, and
5.10.3:
a.
No goods, materials or equipment shall be stored in the open except in
Industrial Zones where outdoor storage is permitted; and
b.
The regulations of the specific zone with respect to parking spaces,
loading spaces, landscaped area, outdoor storage area, yard setbacks,
and the location of buildings and structures shall be complied with.
5.10.5 The provisions of Section 5.10 shall not apply to the use of any lot, building or
structure that does not conform to the provisions of the Clarington Official Plan.
5.11
Special Events
5.11.1 For the purposes of this By-law:
a.
Special Event shall mean an activity that is of a temporary duration and
that is limited to one or more of the following uses: an exhibition, a fair, a
parade, a carnival, or a religious or music festival. The term special event
shall not include a motorized recreational competition;
b.
Temporary for the purposes of Section 5.11, temporary shall mean the
combined total duration of all special events held on one lot shall not
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
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Last Update May 2016
exceed seven days in a calendar year. In the case of a music festival or
other special event capable of producing excessive noise levels, only one
such event may be held for a duration of no longer than three days on a
lot in a calendar year.
5.11.2 In any Commercial or Industrial Zone, the parking area may be used for a special
event provided that the number of parking spaces remaining is not reduced
below 75% of that required by Section 6 for the commercial uses on the lot.
5.11.3 Special events licensed by the Municipality are not subject to the parking space
and loading space requirements set out in Section 6.
5.11.4 A special event is permitted on any lot or street owned by a public authority, a
private school, or a place of worship, or any lot owned privately providing it is
commercially or industrial zoned.
5.12
Temporary Living Quarters
5.12.1 A mobile home, a recreational motor vehicle, recreational trailer or an existing
dwelling may be used as temporary living quarters for a period not to exceed six
months while a permitted dwelling is under construction on the same lot,
provided that:
a.
The owner of the lot enters into an agreement with the Municipality
agreeing to remove the temporary living quarters from the lot
immediately after the expiration of the six month period or with the
occupation of the new dwelling, whichever occurs first;
b.
The mobile home, recreational motor vehicle or recreational trailer is
located on the lot in compliance with the yard setbacks of the zone in
which it is located; and
c.
The temporary living quarters are serviced with adequate sanitary sewer
and water services approved by the appropriate public authority.
5.13
Use of Mobile Homes, Recreational Motor Vehicles and Recreational
Trailers as Dwellings
5.13.1 The use of a mobile home, a recreational motor vehicle or a recreational trailer as
a dwelling is prohibited in all zones except as otherwise specified in this By-law.
5.13.2 A mobile home park and a campground are prohibited in all zones except as
otherwise specified in this By-law.
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 5-11
Last Update May 2016
5.14
Wayside Pits and Quarries
5.14.1 A wayside pit or a wayside quarry is permitted for a maximum of 18 months, with
possible extension, in any zone except an Environmental Protection (EP) Zone,
Rural Settlement (RS1) Zone and a Natural Core (NC) Zone provided that the
proposed use is not located within:
a.
A minimum of 30 metres from any land zoned EP; and
b.
A minimum of 30 metres from any residential lot.
5.15
Wind Turbines
5.15.1 For the purposes of this By-law:
a.
Wind turbine shall mean an energy conversion system, which converts
wind energy into electricity through the use of a wind turbine generator,
and includes the turbine, blade, tower, base, and pad transformer, if any.
5.15.2 A maximum of one wind turbine is permitted on a lot in all zones as accessory to
a permitted use.
5.15.3 Regulations
a.
Lot Area
Lot area
4000 m2
b.
Yard Setbacks(1)
Front yard
15 m
Exterior side yard
15 m
Interior side yard
15 m
Rear yard
15 m
(1) All yard setbacks are measured from the outermost tip or part of the wind turbine, which includes
the blade.
c.
Blade Clearance
Above finished grade
6 m
Above accessory buildings and structures
and farm buildings
4.5 m to the highest point of each roofline
d.
Height Requirements
Section 5
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
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Last Update May 2016
i)
Maximum height shall be 91.4 m to the highest extension of any blade.
Section 6
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 6-1
Last Update May 2016
6.0
Off-Street Parking and Loading
6.1
Parking Spaces
6.1.1
For the purposes of this By-law:
a.
Parking Space shall mean an area not located on a street, private
road, or lane and exclusive of aisles, ramps or columns for parking
one motor vehicle and may include a private garage. The different
types of parking spaces are illustrated in Figure 6-1.
6.1.2
TABLE 6 - 1
REGULATIONS - PARKING SPACE DIMENSIONS
Legend
≠ Not applicable
(#) Notation
Parking space
Other
Regulations
Width (1)
Length
Angle(2)
2.75 m (3)
5.7 m measured on the
angle
≠
Parallel
2.75 m (3)
7 m
≠
Perpendicular
2.75 m (3)
5.7 m; or
5.4 m in front of
landscaped area or
walkway
Width of landscaped
area or walkway - 2.4
m
Tandem
2.75 m (3)
5.7 m
≠
Physically
Disabled
1 space - 4.5 m
2 or more abutting
spaces - 3.4 m
each
5.7 m
≠
Garage
3 m
5.7 m
Area - 18.6 m2
Notations for Table 6 -1
(1)
Where a parking space abuts a wall along its length, the minimum required width of the parking
space shall be increased by 0.25 metres. In the case of a 2 car garage, the minimum width of only
1 parking space must be increased.
(2)
Angle of parking space - 45 degrees
(3)
Total width of 2 outdoor perpendicular parking spaces for a single detached, semi-detached or
duplex dwelling - 4.6 metres.
Section 6
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
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Last Update May 2016
6.1.3
Every building, structure or lot used for a purpose set out in this By-law shall
provide and maintain parking spaces in accordance with the provisions of
Section 6.
FIGURE 6 - 1
TYPES OF PARKING SPACES
6.1.4
Required parking spaces and parking areas shall only be used for the parking
of motor vehicles that are incidental to the permitted use that requires the
IN FRONT OF LANDSCAPED AREA
PERPENDICULAR PARKING
2.75m
STREET / PRIVATE ROAD
6.3m
4.5m
LANDSCAPED AREA
2.75m
2.4m
5.4m
AISLE
5.7m
ANGLE PARKING
2.75m
6.3m
5.7m
IN FRONT OF WALKWAYS
PERPENDICULAR PARKING
WALKWAY
BUILDING
2.4m
5.4m
AISLE
PERPENDICULAR PARKING
6.0m
2.75m
5.7m
7.0m
7.0m
PARALLEL PARKING
6.0m
2.75m
2.75m
5.7m
2.75m
2.75m
45° min.
TANDEM PARKING
2.75m
5.7m
11.4m
5.7m
DWELLING
STREET / PRIVATE ROAD
AISLE
AISLE
AISLE
Section 6
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
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Last Update May 2016
parking. All motor vehicles occupying a required parking space shall be
operative and currently licensed.
6.1.5
Within any Rural Settlement Zone one commercial motor vehicle not
exceeding 4 tonnes registered gross weight at capacity may use a required
parking space.
6.1.6
The parking spaces required for a permitted residential use and/or a home
occupation may be provided in tandem.
6.1.7
In a zone which permits a farm use, a maximum of one commercial motor
vehicle may be parked, either outside or within an accessory building or
structure;
6.2
Parking Space Requirements
6.2.1
Unless otherwise permitted by this By-law, parking spaces shall be provided
on the same lot as the building, structure or use requiring the parking and
shall be calculated in accordance with the requirements specified in Section
6. The number of required parking spaces shall be rounded up to the next
whole number.
6.2.2
TABLE 6 - 2
REGULATIONS - NUMBER OF PARKING SPACES
Type of Use
Number of Parking Spaces
Residential
Single Detached;
Semi-Detached
2 outdoor spaces per dwelling
Duplex; Street Townhouse
2 spaces per dwelling
1 bedroom apartment
dwelling; Bachelor
apartment dwelling
1.25 spaces, plus 0.25 visitor spaces per dwelling
2 bedroom apartment
dwelling
1.5 spaces, plus 0.25 visitor spaces per dwelling
3 or more bedroom
apartment dwelling
1.75 spaces, plus 0.25 visitor spaces per dwelling
Home Industry
Table 5-4
Home Occupation
Table 5-5
In-House Apartment
Section 5.7
Other permitted residential
uses
2 spaces per dwelling
Commercial
Flea Market; Grocery
Store; Retail Warehouse;
Shopping Centre
1 space for every 20 m2 of gross leasable floor area
Section 6
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 6-4
Last Update May 2016
TABLE 6 - 2
REGULATIONS - NUMBER OF PARKING SPACES
Type of Use
Number of Parking Spaces
Business or Administrative
Office; Day Care Centre;
Office Building; Personal
Service;
Professional Service; Store
1 space for every 30 m2 of gross leasable floor area
Medical Office, Veterinary
Clinic
1/18 m2 of gross floor area
Where a medical office is a home occupation - 1 space for every
30 m2 of the dwelling used for the home occupation
Hotel; Motel
1 per suite or guest room
Adult Entertainment
Parlour; Bar; Take-Out
Restaurant only
The greater of:
i)
7 spaces; or
ii)
1 space for every 7 m2 of publicly accessible floor area
Drive-Through Restaurant,
Eat-In Restaurant (with or
without Take-Out
Restaurant)
The greater of:
i)
10 spaces; or
ii)
12 space per 100 m2 gross floor area
Gathering Places
Arena; Art Gallery;
Assembly hall; Auction
Centre;
Banquet Hall;
Funeral Home; Museum;
Place of Entertainment;
Place of Worship; Private
Club; Recreation Centre;
Theatre; Other similar
gathering places
The greater of 1 per:
i)
5 fixed seats;
ii)
3 m of bench seating; or
iii)
9 m2 of floor area
Bowling Alley
3 spaces per bowling lane
Curling Rink
4 spaces per curling sheet
Golf Course
3 spaces per hole
Golf Driving Range
1 space per tee/mat
Fitness Centre
1 space per 30 m2 of publicly accessible floor area
Marina
1.25 spaces per boat slip
Mini-Putt
1.5 spaces per hole
Schools
Elementary
The greater of:
i)
2 per classroom; or
ii)
1 per 10 m2 of total floor area in the assembly hall and
cafeteria
Secondary;
Commercial
The greater of:
i)
5 spaces per classroom; or
ii)
1 space per 10 m2 of floor area in the assembly hall and
cafeteria
Health Care
Nursing Home;
1 space per every 4 beds
Section 6
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 6-5
Last Update May 2016
TABLE 6 - 2
REGULATIONS - NUMBER OF PARKING SPACES
Type of Use
Number of Parking Spaces
Retirement Home
Hospital
The greater of 1 space per:
i)
2 beds; or
ii)
50 m2 of floor area
Crisis Care Facility;
Residential Care Facility
Table 5-2
TABLE 6 - 2...continued
REGULATIONS - NUMBER OF PARKING SPACES
Industrial
Abattoir; Industrial Uses
1 space per 30 m2 for first 500 m2 of floor area;
1 space per 90 m2 of floor area between 501 m2 and 2,000 m2,
plus; and
1 space per every 500 m2 of floor area above 2001 m2
Industrial Mall
1 space per 20 m2 of gross leasable floor area
Other
Other permitted uses
1 space per 30 m2 of floor area
6.2.3
Where the required parking spaces cannot be provided on the same lot as the
use requiring the parking, the required parking spaces may be located on
another lot, subject to the following:
a.
The parking spaces are located within 150 metres walking distance of
the use requiring the parking;
b.
The parking spaces are located either on lands within the same zone
as the use requiring the parking spaces or within a Commercial or
Industrial Zone;
c.
The owners of both lots shall enter into an agreement with the
Municipality, to be registered against title of both lots, and said
agreement shall guarantee that the land provided for parking shall
continue to be so used until the owners provide alternate parking
spaces in accordance with the requirements of this By-law.
6.2.4
Where a building, structure or lot accommodates more than one type of use,
the more restrictive parking space requirement shall apply.
6.2.5
Where a use defined by this By-law is not listed in Table 6-2, the parking
space requirement for that use shall be based on the requirement for uses of
a similar nature.
Section 6
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 6-6
Last Update May 2016
6.2.6
When an addition to a building occurs, or the use of a building, structure, or
lot changes, the provisions of Section 6.6 of this By-law shall apply.
6.2.7
The required parking spaces shall be dedicated as parking for the physically
disabled in accordance with Table 6-3.
TABLE 6 - 3
REGULATIONS - NUMBER OF PARKING SPACES FOR THE PHYSICALLY DISABLED
Legend
(#)
Notation
Number of Parking Spaces Required By
Table 6 - 2
Parking Spaces for Physically Disabled (1)
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1000
2% of total
Greater than 1000
21 spaces plus 1 space for every additional 100
spaces or part thereof over 1000
Notations for Table 6 - 3
(1) Nursing homes, retirement homes, hospitals, medical clinics and medical offices shall provide twice
the number of parking spaces for the physically disabled as required by Table 6 - 3.
6.3
Parking Area Location and Design Standards
6.3.1
For the purposes of this By-law:
a.
Aisle shall mean that part of a parking area used for the maneuvering
or circulation of motor vehicles. An aisle shall have a minimum width
of 4.5 metres for one-way traffic or 6 metres for two-way traffic;
b.
Commercial Parking Area shall mean a parking area where short term
parking of motor vehicles is provided for a fee, and may include a
kiosk for the parking attendant as an accessory use;
c.
Driveway shall mean that portion of a lot designed to provide motor
vehicle access from the lot to the traveled portion of the street,
private road or lane;
d.
Enclosed Parking Area shall mean a parking area located within a
building or structure, including multi-storey structures such as
aboveground or underground garages;
Section 6
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 6-7
Last Update May 2016
e.
Parking Area shall mean an area not located on a street, private road,
or lane that is used for the parking of more than one motor vehicle
with or without a fee being charged, but shall not include any area
where motor vehicles are kept or stored for sale or repair.
6.3.2
In all Commercial, Industrial and Institutional Zones every open air parking
area shall provide for snow storage purposes, an area equivalent to 5% of the
area of the required parking spaces and associated aisles.
6.3.3
Parking areas and parking spaces located at finished grade are permitted in
all yards provided that the following provisions are complied with:
a.
In all zones except the Rural Settlement Zone, no driveway or parking
space shall be located within 7.5 metres of a side lot line abutting a
Rural Settlement Zone, or within 1.5 metres of a rear lot line abutting
a Rural Settlement Zone;
b.
In a Commercial Zone, no part of any parking space or parking area
other than a driveway shall be located within 1.5 metres of a street
line or within a required visibility triangle;
c.
In a Rural Settlement Zone, no part of any parking space or parking
area other than a driveway shall be located within 1 metre of a street
line or within a required visibility triangle; and
d.
In a Rural Settlement Zone, for all non-residential uses, parking shall
not be permitted between the building and front or exterior side
property lines; and
e.
In a zone which permits a farm use, commercial motor vehicle parking
shall not be permitted between the building and front or exterior side
property lines, and no commercial motor vehicle parking shall be
permitted within 15 metres of a lot containing a residential use.
6.3.4
Parking spaces, parking areas, aisles and driveways shall be constructed and
maintained with a stable surface that is capable of permitting access under all
climatic conditions.
6.4
Drive-Through Queue Aisle
6.4.1
For the purposes of this By-law:
a.
Drive-Through Queue Aisle shall mean an on-site stacking lane that is
used exclusively for motor vehicles waiting for service from a drive-
through window, which is separated from other vehicular traffic and
pedestrian circulation by barriers, markings or signs.
Section 6
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 6-8
Last Update May 2016
6.4.2
Each drive-through establishment shall provide a drive-through queue aisle
for the queuing of motor vehicles.
6.4.3
TABLE 6 - 4
REGULATIONS - DRIVE-THROUGH QUEUE AISLES
Drive-through
Establishment
Queue Aisle
Length
Width (1)
Separation from
Street line
Banking machine; Other
24 m
3 m
18 m
Restaurant
i) Between pick-up window
and order board - 24 m;
ii) Beyond order board - 48 m
Notations for Table 6 - 4
(1) Minimum radius shall be 9 metres
6.4.4
A drive-through queue aisle shall be separate from all driveways, parking
areas, and/or loading spaces on site, and shall not be located within a
visibility triangle.
6.4.5
Where a drive-through queue aisle abuts a residential use, the queue aisle
shall be setback 12 metres from the lot line and shall be screened from the
residential use by a 2 metre high wall or decorative closed board fence.
6.5
Loading Spaces
6.5.1
For the purposes of this By-law:
a.
Loading Space shall mean an unobstructed area of land that is
provided on the same lot upon which the principal use is located, and
which is used for the temporary parking of one commercial motor
vehicle while merchandise or materials are being loaded onto or
unloaded from such vehicle.
6.5.2
Every building or structure used for a purpose that requires the loading or
unloading of goods or materials, including animals, shall provide and maintain
loading spaces in accordance with the provisions of Section 6.5.
6.5.3
Loading spaces shall be provided on the same lot as the building, structure or
use requiring the loading space and shall be calculated in accordance with the
regulations in Table 6 - 5. All loading spaces shall provide a vertical clearance
of 5 metres.
Section 6
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 6-9
Last Update May 2016
6.5.4
TABLE 6 - 5
REGULATIONS - NUMBER OF LOADING SPACES
Legend
≠
Not applicable
Loading Space Requirements
Length - 11 m
Width - 4 m
Length - 7.5 m
Width - 3 m
Residential and Health Care
Apartment Building - 1 to 30 apartments
1
≠
Apartment Building - 31 to 90 apartments
1
≠
Apartment Building - 91 or more apartments
2
≠
Hospital
4
≠
Nursing Home; Retirement home
2
≠
Commercial and Gathering Places
Assembly hall; Bar; Business or Administrative Office;
Convenience Store; Motor vehicle Repair Garage; Personal
Service; Professional Service; Place of Entertainment or
Restaurant
1
≠
Permitted uses with 100 m2 to 300 m2 gross commercial
floor area
≠
1
Permitted uses with 301 m2 to 1,000 m2 gross commercial
floor area
1
≠
Permitted uses with 1,000 m2 to 7,000 m2 gross commercial
floor area
2
≠
Permitted uses with greater than 7,000 m2 gross
commercial floor area
3
≠
Industrial
Permitted uses with up to 1,000 m2 gross floor area
1
≠
Permitted uses 1,001 m2 to 3,000 m2 gross floor area
2
≠
Permitted uses with 3,001 m2 to 7,000 m2 gross floor area
3
≠
Permitted uses with greater than 7,000 m2 gross floor area
3 spaces, plus
1 space for
every
additional
10,000 m2 or
portion thereof
≠
6.5.5
Access to loading spaces shall be provided by means of an aisle located on
the same lot as the use requiring the loading spaces. The aisle shall be a
minimum of 6 metres wide and shall lead to a driveway.
6.5.6
Loading spaces shall not be provided in tandem and must be located abutting
the building or structure for which they are required.
6.5.7
Loading spaces shall be located in the interior side yard or rear yard. In
Industrial Zones, loading spaces are also permitted in the front yard and
exterior side yard provided the spaces are setback from the street line a
minimum distance of 20 metres.
Section 6
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109 Page | 6-10
Last Update May 2016
6.5.8
When an addition to a building occurs, or the use of a building, structure, or lot
changes, the provisions of Section 6.6 of this By-law shall apply.
6.6
Additions To or Change in Use of Buildings
6.6.1
The parking space and loading space requirements of this By-law shall not apply
to any existing building or structure, so long as the existing floor area of the
building or structure is not increased or the use of the building or structure is not
changed to a use that requires a greater number of parking spaces or loading
spaces.
6.6.2
Where an addition is made to a building or structure that increases the total floor
area of the building or structure, then parking spaces and loading spaces for the
addition shall be provided in accordance with the requirements of this By-law.
6.6.3
Where the use of a building, structure or lot changes, parking spaces and loading
spaces for the new use shall be provided in accordance with the requirements of
this By-law.
6.7
Recreational Vehicle and Trailer Parking
6.7.1
A recreational vehicle or trailer, and any load thereon, may be parked on a
driveway.
6.7.2
Storage or parking of trailers or recreational vehicles shall be permitted within a
garage, carport or other permitted accessory structure, but within a settlement
area, as identified in the Clarington Official Plan, shall not be permitted within a
tent, shelter, canopy, enclosure or similar structure covered with fabric,
polyester or similar covering material.
6.7.3
The parking or storage of a maximum of three recreational vehicles or trailers,
and any load thereon, shall be permitted in any side yard or rear yard.
6.7.4
The owner may not store or park in the open more than three recreational
vehicles or trailers, and any load thereon, on a lot.
Section 7
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 7-1
Last Update May 2016
7.0
Urban Residential Zone Category (Reserved)
Section 8
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 8-1
Last Update May 2016
8.0 Rural Settlement Zone Category
8.1
Zones
8.1.1
The Rural Settlement Zone Category consists of the following zones:
a.
(RS1) Rural Settlement One
b.
(RS2) Rural Settlement Two (RESERVED)
c.
(RS3) Rural Settlement Three (RESERVED)
8.2
Permitted Uses
8.2.1
TABLE 8-1
PERMITTED USES - RURAL SETTLEMENT ZONES
Legend
P Permitted
∼ Not permitted
P(#)
Permitted subject to notation
RS1
Residential Uses
Bed and Breakfast
P
Home Occupation
P(1)
Single Detached Dwelling
P
Non-Residential Uses
Existing Cemetery
P
Model Home/Temporary Sales Office
P
Place of Worship
P
Residential Care Facility
~
Notations for Table 8-1
(1) With the exception of catering
8.3
Regulations
8.3.1
RS1 - Rural Settlement One Zone Regulations
Section 8
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 8-2
Last Update May 2016
a.
Lot Area and Lot Frontage
Residential and Non-Residential Uses
Lot area
(min)
4000 m2
(max)
6000 m2
Lot frontage
(min)
30 m
(max)
40 m
b.
Yard Setbacks
Residential and Non-Residential Uses
Front yard
15 m
Exterior side yard
15 m
Interior side yard
5 m
Rear yard
15 m
c.
Landscaped Area and Lot Coverage
Residential and Non-Residential Uses
Landscaped area
35%
Lot coverage (max)
15%
d.
Floor Area
i)
The minimum floor area shall be 110 square metres.
e.
Height
i)
The maximum height shall be 10.5 metres.
8.4
Exception Zones
8.4.1
RS1 Exception Zones
8.4.1.1 RS1-1
a.
Permitted Uses:
i)
All RS1 zone uses
Section 8
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 8-3
Last Update May 2016
b.
Regulations:
i)
Lot frontage
45 metres
ii)
Lot area
8000 square metres
c.
Except as amended herein, all other provisions of this By-law, as amended,
shall apply.
Added by By-Law 2008-049
8.4.1.2 RS1-2
a.
Permitted Uses:
i)
All RS1-1 zone uses
b.
Regulations
i)
Lot area
1.9 hectares
c.
Except as amended herein, all other provisions of the By-law, as amended,
shall apply.
Added by By-law 2016-046
8.4.1.3 RS1-3
Notwithstanding the provisions of 8.3.1 a., those lands zoned "RS1-3 on the Schedules
to this By-law shall be subject to the following regulations:
a.
Lot Area (minimum)
4000 square metres
b.
Lot Frontage (minimum)
30 metres
Section 8
Section 9
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 9-1
Last Update May 2016
9.0
Commercial Zone Category
9.1
Zones
9.1.1
The Commercial Zone Category consists of the following zones:
a.
(C1)-Street-Related Commercial Zone (RESERVED)
b.
(C2)-Downtown Commercial Zone (RESERVED)
c.
(C3)-Primary Commercial Zone (RESERVED)
d.
(C4)-Secondary Commercial Zone (RESERVED)
e.
(C5)-Office Commercial Zone (RESERVED)
f.
(C6)-Neighbourhood Commercial Zone
g.
(C7)-Highway Commercial Zone
h.
(C8)-Motor Vehicle Service Zone
9.2
Permitted Uses
9.2.1
TABLE 9 - 1
PERMITTED USES - COMMERCIAL ZONES
Legend
P Permitted
~ Not permitted
P(#) Permitted subject to notation
C6
C7
C8
Residential
Apartment Dwelling
P(1)
~
~
Eating Establishments
Bar
~
P
~
Refreshment Vehicle
~
P(3)
~
Restaurant
P
P
~
Fast Food Restaurant
P
P
~
Take-Out Restaurant
P
P
~
Drive-Through Restaurant
~
P
~
Entertainment Uses
Place of Entertainment
~
P
~
Gathering Places
Assembly Hall
~
P
~
Auction Centre
~
P
~
Banquet Hall
~
P
~
Convention Centre
~
P
~
Cultural Centre
~
P
~
Fitness Centre
~
P
~
Private Club
~
P
~
Section 9
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 9-2
Last Update May 2016
TABLE 9 - 1 (Continued)
PERMITTED USES - COMMERCIAL ZONES
Motor Vehicle Uses
Motor Vehicle Fuel Bar
~
P
P
Motor Vehicle Rentals
~
P
~
Motor Vehicle Repair Garage
~
P
P(5)
Motor Vehicle Uses (Continued)
Legend
P Permitted
~ Not permitted
P(#) Permitted subject to notation
C6
C7
C8
Motor Vehicle Sales
~
P
~
Motor Vehicle Wash
~
P
~
Recreational Vehicle Sales and Service
~
P
~
Personal and Professional Uses
Bank
P
~
~
Drive-Through Bank
~
P
~
Business or Administrative Office
P
~
~
Caterer
P
~
~
Day Care Centre
P
~
~
Dry Cleaning Distribution Centre
P
~
~
Funeral Home
~
P
~
Hotel
~
P
~
Medical Clinic
P
~
~
Motel
~
P
~
Personal Service
P
~
~
Professional Service
P
~
~
Veterinary Clinic
P
~
~
Retail Uses
Flea Market
~
P
~
Garden and Nursery Centre
~
P
~
Seasonal Garden and Nursery
Centre
~
P
~
Marine Sales and Service
~
P
~
Store
Convenience Store
P
~
P(4)
Farm Equipment and Supply Store
~
P(6)
~
General Merchandise Store
P
P(6)
~
Home Improvement Store
~
P(6)
~
Light Equipment Store
~
P
~
Section 9
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 9-3
Last Update May 2016
TABLE 9 - 1 (Continued)
PERMITTED USES - COMMERCIAL ZONES
Specialty Store
P
P(7)
~
Notations for Table 9 - 1
(1) Permitted within a building containing a permitted non-residential use
(2) Permitted on the ground floor of an office building
(3) Permitted as accessory to a permitted non-residential use provided it is not located within 60 m of either
a restaurant or playground equipment located in a park
(4) Gross leasable floor area (max) - 150 square metres
(5) Permitted as accessory to a principal use
(6) Gross leasable floor area (min) - 2000 square metres
(7) Gross leasable floor area (max) - 700 square metres
9.3
Regulations
9.3.1
C1 - Street-Related Commercial Zone Regulations
(RESERVED)
9.3.2
C2 - Downtown Commercial Zone Regulations
(RESERVED)
9.3.3
C3 - Primary Commercial Zone Regulations
(RESERVED)
9.3.4
C4 - Secondary Commercial Zone Regulations
(RESERVED)
9.3.5
C5 - Office Commercial Zone Regulations
(RESERVED)
9.3.6
C6 - Neighbourhood Commercial Zone Regulations
a.
Lot Area and Lot Frontage
Lot area
2000 m2(1)
Lot frontage
20 m
(1) Minimum lot area of 4000 m2 for lots without full municipal services
b.
Yard Setbacks
Front yard
3 m
Exterior side yard
3 m
Interior side yard
2 m; 0 m where a building
building on an adjacent lot
has a common wall with a
Rear yard
5 m; abutting a Rural Settlement Zone 7.5 m; and an
additional 1 m setback for every 1 m of building height
above 10 m
Section 9
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 9-4
Last Update May 2016
c.
Floor Space Index (1)
Commercial F.S.I.
0.25
Residential F.S.I.
0.25
Total F.S.I.
0.5
(1) Where a use meets all the applicable regulations of this By-law but a different maximum F.S.I. is indicated on the
Schedules in brackets following the zone symbol, such F.S.I. shall take precedence over the maximum F.S.I. indicated
above. The letter "T" shall mean "Total", the letter "C" shall mean "Commercial", and the letter "R" shall mean
"Residential."
d.
Landscaped Area
i)
Minimum landscaped area shall be 20%.
e.
Height
i)
Maximum height shall be 12 metres.
f.
Gross Leasable Floor Area
i)
Maximum gross leasable floor area shall be 300 square metres.
9.3.7
C7 - Highway Commercial Zone Regulations
a.
Lot Area and Lot Frontage
Lot area
3000 m2 (1)
Lot frontage
50 m
(1) Minimum lot area of 4000 square metres for lots without full municipal services
b.
Yard Setbacks
Front yard
5 m up to 14 m in height, 8 m setback for the portion of the
building above a height of 14 m
Exterior side yard
Interior side yard and rear
yard
2 m for buildings up to 14 m in height, 4.5 m yard setback
for the portion of the building above a height of 14 m; 0 m
where a building has a common wall with a building on an
adjacent lot; abutting a Rural Settlement Zone, 5 m for
buildings up to 10 m in height; 1 m additional setback for
every 1 m of height above 10 m;
Section 9
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 9-5
Last Update May 2016
c.
Floor Space Index (1)
Commercial F.S.I.
0.3
Residential F.S.I.
≠
Total F.S.I.
0.3
(1)
Where a use meets all the applicable regulations of this By-law but a different maximum F. S. I. is indicated
on the Schedules in brackets following the zone symbol, such F.S.I. shall take precedence over the maximum
F.S.I. indicated above. The letter "T" shall mean "Total", the letter "C" shall mean "Commercial", and the letter
"R" shall mean "Residential".
d.
Landscaped Area
i)
Minimum landscaped area shall be 20%.
e.
Height
i)
Maximum height shall be 10 metres.
ii)
Maximum height for hotel or motel shall be 30 metres.
9.3.8
C8 - Motor Vehicle Service Station Zone Regulations
a.
Lot Area and Lot Frontage
Lot area
2000 m2 (1)
Lot frontage
40 m
(1) Minimum lot area of 4000 m2 for lots without full municipal services
b.
Yard Setbacks
Front yard and exterior side
yard
i)
Building - 3 m;
ii)
Fuel pump island and/or weather canopy - 5 m
Interior side yard and rear
yard
i)
Building - 5 m;
ii)
Canopy - 20 m abutting residential; 5 m abutting non-
residential
c.
Floor Space Index(1)
Commercial F.S.I.
0.25
Residential F.S.I.
≠
Total F.S.I.
0.25
(1) Where a use meets all the applicable regulations of this By-law but a different maximum F.S.I. is indicated on the
Schedules in brackets following the zone symbol, such F.S.I. shall take precedence over the maximum F.S.I. indicated
above. The letter "T" shall mean "Total", the letter "C" shall mean "Commercial", and the letter "R" shall mean
"Residential."
Section 9
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 9-6
Last Update May 2016
d.
Landscaped Area
i)
Minimum landscaped area shall be 20%.
e.
Height
i)
Maximum height shall be 6 metres.
ii)
Maximum height for a motor vehicle fuel bar canopy shall be 10
metres.
9.4
Exception Zones
9.4.1
C1 Exception
(RESERVED)
9.4.2
C2 Exception
(RESERVED)
9.4.3
C3 Exception
(RESERVED)
9.4.4
C4 Exception
(RESERVED)
9.4.5
C5 Exception
(RESERVED)
9.4.6
C6 Exception
(RESERVED)
9.4.7
C7 Exception
9.4.7.1 C7-1
a.
Permitted Uses
i)
Refreshment Vehicle
ii)
Restaurant
iii)
Eat in Restaurant
iv)
Take-Out Restaurant
v)
Drive-Through Restaurant
vi)
Motor Vehicle Fuel Bar
vii)
Motor Vehicle Repair Garage
viii)
Motor Vehicle Sales
ix)
Recreational Vehicle Sales and Service
x)
Garden & Nursery Centre
xi)
Home Improvement Store
Section 9
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109
Page | 9-7
Last Update May 2016
b.
Regulations
i)
Refreshment Vehicle is permitted as an accessory use to a permitted
non-residential use provided it is not located within 60 metres of
either a restaurant or playground equipment located in a park.
ii)
Home Improvement Store shall have a minimum gross leasable floor
area of 2000 square metres.
c.
Except as amended herein, all other provisions of this By-law, as amended,
shall apply.
9.4.8
C8 Exception
9.4.8.1 C8-1
a.
Permitted Uses
i)
Motor Vehicle Fuel Bar
ii)
Eat-in Restaurant accessory to a Motor Vehicle Fuel Bar.
b.
Except as amended herein, all other provisions of this By-law, as amended,
shall apply.
Section 10
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109 Page | 10-1
Last Update May 2016
10.0 Industrial Zone Category (Reserved)
Section 11
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 11-1
Last Update May 2016
11.0 Institutional and Utility Zone Category
11.1
Zones
11.1.1 The Institutional and Utility Zone Category consists of the following zones:
a.
(N) Institutional Zone
b.
(U) Utility Zone
11.2
Permitted Uses
11.2.1
TABLE 11-1
PERMITTED USES - INSTITUTIONAL AND UTILITY ZONES
Legend
P Permitted
~ Not permitted
P(#) Permitted subject to notation
N
U
Court House
P
~
Day Care Centre
P
~
Hospital
P
~
Library
P
~
Municipal Administration Building
P
~
Museum
P
~
Public Works Depot
~
P
Pumping Station
~
P
Recreation centre
P
~
School
-
Elementary School
P
~
-
Secondary School
P
~
Utility Substation
~
P
Water Pollution Control Plant
~
P
Water Supply Plant
~
P
Section 11
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 11-2
Last Update May 2016
11.3
Regulations
11.3.1 N - Institutional Zone Regulations
a.
Lot Area and Lot Frontage
Lot area
Elementary school
2.0 ha
Secondary school
6.5 ha
All other uses
460 m2
Lot frontage
Elementary school
The greater of 140 m; or 25% of the site perimeter
Secondary school
The greater of 280 m; or 25% of the site perimeter
All other uses
40 m
b.
Yard Setbacks
Front yard (1)
6 m
Exterior side yard (1)
The greater of:
i)
4.5 m; or
ii)
1.5 m for each storey or partial storey up to 7.5 m
Interior side yard
7.5 m
10 m abutting a Rural Settlement Zone
Rear yard
7.5 m
10 m abutting a Rural Settlement Zone
(1) Where there is an established building line, the front yard or exterior yard setback shall be within 2
metres of the established building line.
c.
Landscaped Area and Lot Coverage
Landscaped area
30%
40% abutting a Rural Settlement Zone
Lot coverage
40%
30% abutting a Rural Settlement Zone
d.
Height
i)
The maximum height of an elementary school shall be 3 storeys;
ii)
The maximum height of a secondary school shall be 4 storeys;
Section 11
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 11-3
Last Update May 2016
iii)
The maximum height of all other buildings shall be 6 storeys up to 25
metres, except where abutting a Rural Settlement Zone the maximum
height shall not be greater than 4 storeys up to 18 metres.
e.
Outdoor Storage Areas are not permitted.
f.
Portable school buildings shall comply with all yard setbacks.
11.3.2 U - Utility Zone Regulations
a.
Lot Area and Lot Frontage
Lot area
460 m2
Lot frontage
15 m
b.
Yard Setbacks
Front yard
6 m
Exterior side yard
6 m
Interior side yard
3 m
Rear yard
3 m
c.
Landscaped Area and Lot Coverage
Landscaped area
40%
Lot coverage
40%
d.
Height
i)
All buildings and structures shall have a maximum height of 12 metres
except where abutting a Rural Settlement Zone the maximum height
shall be 10.5 metres.
Section 12
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 12-1
Last Update May 2016
12.0 Open Space Zone Category
12.1
Zones
12.1.1 The Open Space Zone Category consists of the following zones:
a.
(EP) Environmental Protection Zone
b.
(NC) Natural Core Zone
c.
(NL) Natural Linkage Zone
d.
(P) Park Zone
12.2
Permitted Uses
12.2.1
TABLE 12-1
PERMITTED USES - ENVIRONMENTAL PROTECTION, NATURAL CORE, NATURAL
LINKAGE, AND PARK ZONES
Legend
P Permitted
~ Not permitted
P(#) Permitted subject to notation
EP
NC
NL
P
Residential Uses
Bed and Breakfast
P(2)
P(2)
P(2)
~
Bunkhouse
P(3)
P(1)
P(1)
~
Home Occupation
P(2)
P(2)
P(2)
~
Mobile Home
~
P(1)
P(1)
~
Single Detached Dwelling
P(3)
P(3)
P(3)
~
Farm Vacation Home
P(2)
P(2)
P(2)
~
Environmental Management Uses
Conservation
P
P
P
P
Flood and Erosion Control Projects
P
P
P
P
Reforestation
P
P
P
P
Stormwater Control Structures
~
P
P
P
Section 12
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 12-2
Last Update May 2016
Non-Residential Uses
Agricultural Uses
P(3)
P
P
~
Animal Agriculture
P(3)
P
P
~
Farm Occupation
~
P
P
~
Greenhouse
P(3)
P
P
~
Riding Arena
P(3)
P
P
~
Riding Stable
P(3)
P
P
~
Recreational Uses
Park, Passive
P
P
P
P
Park, Active
~
~
~
P
Transportation, Infrastructure and Utilities
Uses
P(4)
P
P
P
Notations for Table 12-1
(1) Only permitted as a second dwelling that is a temporary, mobile or portable unit on the lot for
persons employed on the farm.
(2) Only permitted in dwellings existing as of November 15, 2001 or if permission to construct a single
detached dwelling existed on November 15, 2001.
(3) Applies to uses existing as of November 15, 2001 or if permission to construct a single detached
dwelling existed on November 15, 2001.
(4) With the exception of stormwater control structures.
12.3
Regulations
12.3.1 EP - Environmental Protection Zone Regulations
a.
Existing residential uses shall comply with the zone regulations for residential
uses within the Agricultural Zone with the exception of 13.3.1 A a.
b.
Existing non-residential uses shall comply with the zone regulations for non-
residential uses within the Agricultural Zone with the exception of 13.3.1 A a.
Section 12
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 12-3
Last Update May 2016
12.3.2 NC - Natural Core Zone Regulations
a.
Lot Area and Lot Frontage
Residential uses
Non-Residential uses
Greenhouses
All other non-
residential uses
Lot area
(min)
4000 m2
40 ha (2)
40 ha (2)
(max)
6000 m2
≠
≠
Lot frontage
30 m
150 m
100 m (1)
(1) Farm exclusive of buildings require a minimum frontage of 10 metres.
(2) For lots with a lot area less than 40 ha, greenhouses and all other non-residential uses will be
permitted upon existing lots of record.
b.
Yard Setbacks
Residential uses
Non-Residential uses
Greenhouses (1)
All other non-
residential uses
Front yard
6 m
15 m
15 m
Exterior side yard
6 m
15 m
15 m
Interior side yard
2 m
50 m
15 m
Rear yard
10 m
50 m
15 m
(1)
Loading spaces and areas must comply with setback regulations
c.
Landscaped Area and Lot Coverage
Residential uses
Non-Residential uses
Greenhouses
All other non-
residential uses
Landscaped area
35%
≠
≠
Lot coverage
15%
15%
5%
d.
Floor Area
i)
Minimum floor area for residential uses shall be 110 square metres
except a bunkhouse shall be a minimum of 60 square metres.
e.
Height
i)
Maximum height of residential uses shall be 10.5 metres
Section 12
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 12-4
Last Update May 2016
f.
Residences for Farm Employees
i)
One second dwelling that is a temporary, mobile or portable unit where
permitted provided it is used by persons employed on the farm having a
minimum lot of area of 20 hectares.
g.
Minimum Distance Separation Formulae
i)
All farm and non-farm development shall comply with the Minimum
Distance Separation (MDS) Formulae.
12.3.3 NL - Natural Linkage Zone Regulations
a.
Lot Area and Lot Frontage
Residential uses
Non-Residential uses
Greenhouses
All other non-
residential uses
Lot area
(min)
4000 m2
40 ha (2)
40 ha (2)
(max)
6000 m2
≠
≠
Lot frontage
30 m
150 m
100 m (1)
(1) Farm exclusive of buildings require a minimum frontage of 10 m.
(2) For lots with a lot area less than 40 ha, greenhouses and all other non-residential uses will be
permitted upon existing lots of record.
b.
Yard Setbacks
Residential uses
Non-Residential uses
Greenhouses (1)
All other non-
residential uses
Front yard
6 m
15 m
15 m
Exterior side yard
6 m
15 m
15 m
Interior side yard
2 m
50 m
15 m
Rear yard
10 m
50 m
15 m
(1)
Loading spaces and areas must comply with setback regulations
c.
Landscaped Area and Lot Coverage
Residential uses
Non-Residential uses
Greenhouses
All other non-
residential uses
Landscaped area
35%
≠
≠
Lot coverage
15%
50%
5%
Section 12
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 12-5
Last Update May 2016
d.
Floor Area
i)
Minimum floor area for residential uses shall be 110 square metres
except a bunkhouse shall be 60 square metres.
e.
Height
i)
Maximum height of residential uses shall be 10.5 metres.
f.
Residences for Farm Employees
One second dwelling that is a temporary, mobile or portable unit where
permitted provided it is used by persons employed on the farm having a
minimum lot area of 20 hectares.
g.
Minimum Distance Separation Formulae
All farm and non-farm development shall comply with the Minimum Distance
Separation (MDS) Formulae.
12.3.4 Park Zone Regulations
a.
Yard Setbacks
Front yard
6 m
Exterior side yard
6 m
Interior side yard
7.5 m
Rear yard
7.5 m
b.
Height
i)
Maximum height shall be 5 metres.
12.4
Exception Zones
12.4.1 EP Exception Zones
12.4.1.1 EP-1 Zone
a.
Permitted Uses:
i)
Club House
ii)
Conservation
iii)
Reforestation
Section 12
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 12-6
Last Update May 2016
iv)
Single detached dwelling.
b.
Regulations:
i)
Lot area
13 hectares
ii)
Lot frontage
200 metres
iii)
Yard setback
a)
Front yard setback
15 metres
b)
Exterior side yard setback
15 metres
c)
Interior side yard setback
15 metres
d)
Rear yard setback
15 metres
e)
Density (max)
16 dwellings
f)
Landscaped area
10%
g)
Lot coverage (max)
5%
h)
Height
10.5 metres
c.
Except as amended herein, all other provisions of this By-law, as amended, shall
apply.
12.4.1.2 EP-2 Zone
a.
Permitted Uses
i)
Agricultural Uses
ii)
Conservation
iii)
Flood and Erosion Control Projects
iv)
Private radio communications tower
v)
Reforestation
b.
Regulations
i)
An Agricultural Use that existed as of November 15, 2001 shall be
permitted
ii)
Private radio communications tower
Floor area (max)
50 square metres
iii)
Height of tower (max)
80 metres
c.
Except as amended herein, all other provisions of this By-law, as amended, shall
apply.
Section 12
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 12-7
Last Update May 2016
NC Exception Zones
12.4.2.1 NC-1 Zone
a.
Permitted Uses:
i)
Bed and Breakfast
ii)
Home Occupation
iii)
Single Detached Dwelling
iv)
Farm Vacation Home
v)
Conservation
vi)
Agricultural Uses
vii)
Flood and Erosion Control Projects
viii)
Passive Park
ix)
Reforestation
x)
Specialty store for the sale of antiques and crafts
xi)
Tea room and/or tea garden, and business or administrative office
ancillary to a permitted use
b.
Permitted Uses:
i)
Lot Area
4 hectares
ii)
Lot Frontage
45 metres
iii)
Yard Setback
a)
Front Yard setback
7.5 metres
b)
Exterior Side Yard setback
15 metres
c)
Interior Side Yard setback
15 metres
d)
Rear Yard setback
15 metres
iv)
Lot Coverage (Max)
v)
Only a Single Detached Dwelling, Agricultural Use, Specialty store for the
sale of antiques and crafts, Tea Room and/or Tea Garden that existed as
of November 15, 2001 shall be permitted.
c.
Except as amended herein, all other provisions of this By-law, as amended, shall
apply.
Section 13
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 13-1
Last Update January 2020
13.0 Agricultural Zone Category
13.1
Zones
13.1.1 The Agricultural Zone Category consists of the following zone:
a.
(A) Prime Agricultural Zone
13.2
Permitted Uses
13.2.1
TABLE 13-1
PERMITTED USES - AGRICULTURAL ZONE
Legend
P Permitted
∼ Not permitted
P(#)
Permitted subject to notation
A
Residential Uses
Bed and Breakfast
P
Bunkhouse
P(1)
Home Occupation
P
Single Detached Dwelling
P
Farm Vacation Home
P
Non-Residential Uses
Agricultural Uses
P
Agriculture - Related Uses
P
Animal Agriculture
P
Cemetery(3)
P
Conservation
P
Farm Occupation
P
Farm Produce Outlet
P
Farm Produce Warehouse
P
Flood and Erosion Control Projects
P
Greenhouse(2)
P
Section 13
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 13-2
Last Update January 2020
Non-Residential Uses (Cont'd)
Place of Worship(3)
P
Reforestation
P
Riding Arena
P
Riding Stable
P
Sod Farm
P
Transportation, Infrastructure and Utilities
P
Notation for Table 13-1
(1) Only permitted as a second dwelling that is a temporary, mobile or portable unit on the lot for
persons employed on the farm
(2) Greenhouse regulations see Section 13.3.1
(3) Applies to uses existing as of November 15, 2001
13.3
Regulations
13.3.1 A - Prime Agricultural Zone Regulations
a.
Lot Frontage and Lot Area
Residential uses
Non-Residential uses
Greenhouses
All other non-
residential uses
Lot frontage
30 m
150 m(2)
100 m (1)
Lot area
(min)
4000 m2
40 ha
2 ha
(max)
7000 m2
≠
40 ha
(1) Applies to single detached dwelling only
(2) Farm exclusive of buildings require a minimum frontage of 10 metres
(3) For lots with a lot area less than 40 hectares, greenhouses and all other non-residential uses will be
permitted upon existing lots of record.
b.
Yard Setbacks
Residential uses
Non-Residential uses
Greenhouses(1)
All other non-
residential uses
Front yard
6 m
15 m
15 m
Exterior side yard
6 m
15 m
15 m
Interior side yard
2 m
50 m
15 m
Rear yard
10 m
50 m
15 m
(1) Loading spaces and areas must comply with yard setback regulations
Section 13
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 13-3
Last Update January 2020
c.
Landscaped Area and Lot Coverage
Residential uses
Non-Residential uses
Greenhouses
All other non-
residential uses
Landscaped area
35%
≠
≠
Lot coverage
15%
15%
5%
d.
Floor Area
i)
Minimum floor area for residential uses shall be 110 square metres
except a bunkhouse shall be 60 square metres.
e.
Height
i)
Maximum height of residential uses shall be 10.5 metres.
f.
Existing Residences
i)
Existing residences shall comply with the zone requirements for
residential uses set out above.
g.
Residences for Farm Employees
i)
One second dwelling that is a temporary, mobile or portable unit where
permitted provided it is used by persons employed on the farm having a
minimum lot area of 20 hectares.
h.
Minimum Distance Separation Formulae
All farm and non-farm development shall comply with the Minimum Distance
Separation (MDS) Formulae.
Added by By-Law 2019-058
13.4
A Exception Zones
13.4.1 A-1 Zone
Notwithstanding Section 13.2, the lands zoned A-1 on the Schedules to this By-law may
only be used for the Non-Residential Uses set out in Section 13.2.1
Section 14
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109 Page | 14-1
Last Update May 2016
14.0 Aggregate Extraction Zone Category
14.1
Zones
14.1.1 The Aggregate Extraction Zone Category consists of the following zone:
a.
(AE) Aggregate Extraction Zone
14.2
Permitted Uses
14.2.1
TABLE 14-1
PERMITTED USES - AGGREGATE EXTRACTION ZONE
Legend
P Permitted
∼ Not permitted
P (#) Permitted subject to notation
AE
Aggregate Extraction
Pit
P
Environmental Management Uses
Conservation
P
Non-residential Uses
Agricultural Uses
P
14.3
Regulations
14.3.1 AE - Aggregate Extraction Zone Regulations
a.
Yard Setbacks
Farm
Pit
Front yard
13.3.1(b) Non-Residential
uses
15 m(1) (2)
Exterior side yard
Interior side yard
15 m(1) (2) (3)
Rear yard
(1)
Mineral aggregate crusher, Mineral aggregate processing or Mineral aggregate stockpile not permitted
within 30 metres of any abutting lot zoned Rural Settlement or within 30 metres of a dwelling on adjacent
lands held under distinct and separate ownership and not permitted within 30 metres of any abutting
highway or waterbody
(2) Business and administrative office may be permitted with a 15 metre setback
Section 14
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109 Page | 14-2
Last Update May 2016
(3) Where interior side yard or rear yard abuts an interior side yard or rear yard of a lot also zoned AE, the
interior side yard or rear yard may be reduced to 15 metres
b.
Floor Area
Farm
Pit
Floor area (max)
100m2
≠
c.
Lot coverage
Farm
Pit
Lot coverage
13.3.1(c) Non-Residential
uses
≠
Added by By-Law 2006-168
14.4
AE EXCEPTION ZONES
14.4.1 AE-1 Zone
a.
Accessory Uses:
i)
The importation and stockpiling of limestone for the purpose of resale
and blending with material extracted on-site is permitted as an accessory
use, provided that no more than 50,000 tonnes is imported annually and
further provided that the owner has filed a report with the Municipality
demonstrating that a minimum of 100,000 tonnes of aggregate was
extracted from the pit in the previous calendar year.
b.
Regulations:
i)
Notwithstanding 14.3, the following additional yard requirements shall
apply:
a)
The northerly interior side yard shall be a minimum of 15 metres,
except where adjacent to an Environmental Protection (EP)
Zone, in which case the northerly interior side yard shall be a
minimum of 30 metres and shall contain a naturalization area;
b)
any aggregate processing plant, including crushing and other
processing equipment, shall be located a minimum of 7.5 metres
below natural grade and no closer to any residence than the
following:
Section 14
Municipality of Clarington/Oak Ridges Moraine Zoning By-law 2005-109 Page | 14-3
Last Update May 2016
(i)
300 metres, where the equipment is located up to 22.5
metres below natural grade;
(ii)
400 metres, where the equipment is located between 5
metres and 22.5 metres below natural grade;
(iii)
500 metres, where the equipment is located 7.5 metres
below natural grade;
ii)
A maximum disturbed area of 45 hectares is permitted,
c.
For the purpose of Section 14.4.1, the following definitions shall apply:
Disturbed Area
Shall mean the area of the licensed pit which is used for aggregate operations
including the extraction, processing and stockpiling of aggregates and which has
not completed final rehabilitation. "Disturbed Area" shall not include the areas
subject to the Oak Ridges Moraine Pilot Project as defined on a drawing entitled
"Progressive and Final Rehabilitation Plan" prepared by Skelton Brumwell dated
July 19, 2006.
Natural Grade
Shall mean the elevations depicted on a drawing entitled "Existing Features and
Cross Sections" prepared by Skelton Brumwell dated July 19, 2006 with the
exception of the Existing Licensed Pit, in which case "natural grade" shall mean
the average of the nearest spot elevation on the east and west sides of the
existing licensed area.
Naturalization Area
Shall mean an area designed and managed to restore and enhance self-
sustaining vegetative cover including trees to provide for connectivity with
natural heritage features and enabling the movement of wildlife and the
disbursement of native plant species.
Section 15
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 15-1
Last Update May 2016
Added by By-Law 2014-0008
15.0 Temporary Zones
15.1 T-1 Temporary Zone One
a.
Permitted Uses
i)
Agricultural Uses
ii)
Camping and vehicle parking associated with permitted uses on
adjacent parcels with tax assessment roll nos. 18-17-010-110-1800,
18-17-010-110-1801, 18-17-010-110-1802 and 18-17-010-110-1803.
b.
Regulations
i)
Yard setback to dripline of woodlot
15 metres
ii)
Yard setback to property with a residential use
15 metres
iii)
The lands may be used for camping and vehicle parking for a music
festival only between July 15th and August 15th.
iv)
The lands may be used for camping and vehicle parking for motorized
recreational competition events for a maximum of 10 days in any
calendar year only between May 1st and October 10th.
Pursuant to the requirements of Section 39 of the Planning Act, 1990, as amended,
the campground use may be permitted for a period of three years, ending on January
27, 2017.
Added by By-Law 2014-056
15.2
T2 Temporary Zone Two
a.
Permitted Uses
i)
Agriculture Uses
ii)
Camping, vehicle parking, temporary ticket processing booths and
portable washroom facilities associated with a music festival
permitted on Canadian Tire Mosport Park parcels with tax
assessment roll no. 18-17-010-110-1800, 18-17-010-110-1801, 18-
17-010-110-1802 and 18-17-010-110-1803.
Section 15
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 15-2
Last Update May 2016
b.
Regulations
i)
Yard setback to dripline of woodlot
15 metres
ii)
The lands may only be used for camping, vehicle parking,
temporary ticket processing booths and portable washroom facilities
between July 15 and August 15.
Pursuant to the requirements of Section 39 of the Planning Act, 1990, as amended,
the campground use may be permitted for a period of three years, ending on May 26,
2017.
Deleted by By-Law 2014-057
Section 16
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 16-1
Last Update May 2016
16.0 Future Development Zones (Reserved)
Section 17
Municipality of Clarington/ Oak Ridges Moraine Zoning By-law 2005-109
Page| 17-1
Last Update May 2016
17.0 Major Recreational Zones (Reserved)
Glossary to Zones
A
Prime Agricultural Zone
AE
Aggregate Extraction Zone
C1
Street-Related Commercial Zone
C2
Downtown Commercial Zone
C3
Primary Commercial Zone
C4
Secondary Commercial Zone
C5
Office Commercial Zone
C6
Neighbourhood Commercial Zone
C7
Highway Commercial Zone
C8
Motor Vehicle Service Zone
EP
Environmental Protection Zone
MR
Major Recreation Zone
N
Institutional Zone
NC
Natural Core Zone
NL
Natural Linkage Zone
P
Park Zone
RS1
Rural Settlement One Zone
U
Utility Zone