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Clearview Zoning By-law
186
Definitions
4.0 DEFINITIONS
For the convenience of the reader, a number of the words and terms utilized in this By-
law are defined in this By-law. In other instances, words or terms shall be defined as in
accordance with their definitions in applicable law or where not identified in applicable
law, they shall be defined in accordance with their common and accepted usage and in
the reasonable context of their usage in this By-law. Where other policy or legislation is
referenced herein, the successor of said policy or legislation shall be used where the
original reference is out-of-date.
ABATTOIR
Means premises designed for the confinement of live animals awaiting slaughter and
slaughtering of live animals and the packaging of animal carcasses and may include the
processing, packing, treating, and storing of the product on the premises, but shall not
include the manufacture of inedible meat by-products, or rendering of such products as
tallow, grease, glue, fertilizer, or any other inedible product.
ACCESSORY AGRICULTURAL EQUIPMENT AND SUPPLY SALES OUTLET
Means agricultural equipment and supplies and sales and service shop carried out as an
accessory use to an agricultural use. For additional clarification, see definition of
Accessory Use.
ACCESSORY BUILDING OR STRUCTURE
Means a detached building or structure, the use of which is naturally and normally
incidental to, subordinate to, and exclusively devoted to, the principal use or main
building on the same lot. For additional clarification, see definition of Accessory Use.
Unless otherwise specifically permitted, an accessory building or structure shall not be
used for human habitation.
ACCESSORY RETAIL OUTLET
Means a retail use carried out as an accessory use to another permitted primary use.
For additional clarification, see definition of Accessory Use.
ACCESSORY TEMPORARY ACCOMMODATION ASSOCIATED WITH A FLIGHT
SCHOOL
Means accommodation for short duration stay only that is associated with a permitted
Flight School. Such accommodation may take the form of dormitories or small suites.
Cooking facilities may be permitted in each suite. Communal cooking facilities or full
facility cooking and dining facilities are also permitted.
ACCESSORY USE
Means a use, customarily and normally subordinate to, incidental to, normally associated
with, and exclusively devoted to the principal use and located on the same lot.
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ACTIVE RECREATIONAL USE
Means a recreational use or activity requiring alteration of soil or topography or the
construction of structures or buildings and includes such activities as golf courses,
playing fields, trailer parks, and campgrounds.
ADULT ENTERTAINMENT BUSINESS
Means premises in which goods or services are provided where a principal feature or
characteristic of which is the nudity or partial nudity of any person, a sexual act, or in
respect of which the word "nude", "naked", "topless", "bottomless", "sexy" or any other
word or any picture, symbol or representation having like meaning or implication is used
in any advertisement, sign, or display and includes a body-rub parlor.
ADVERSE EFFECT
Means one or more of:
a) Impairment of the quality of the natural environment for any use that can be
made of it;
b) Injury or damage to property or to plant or animal life;
c) Harm or material discomfort to any person;
d) An adverse effect on the health of any person;
e) Impairment of the safety of any person;
f) Rendering any property or plant or animal life unfit for human use;
g) Loss of enjoyment of normal use of property; and,
h) Interference with the normal conduct of business.
AERODROME
Means any area of land, water (including the frozen surface thereof) or other supporting
surface used, designed, prepared, equipped, or set apart for use either in whole or in
part for the arrival, departure, movement, or servicing of aircraft, and includes any
buildings, installations, and equipment situated thereon or associated therewith.
AGGREGATE
Means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble,
granite, rock or other prescribed material.
AGRI-COMPOSTING
Means a facility for composting of non-animal products (other than manure) or by-
products for the manufacturing of compost and topsoil mixes or the use of digesters for
the generation of energy. This shall not include the removal of on-site topsoil or any
other composting facility (e.g. primary domestic waste or animal product or by-product
composting facilities are not included in this definition). Agri-composting of manure
produce on a farm unit is a component of the agricultural use of the farm. Agri-
composting and use of digesters to treat manure from more than the farm unit, or
involving use of co-substrates, are subject to specific permitted use provisions of this
By-law. Both scales of uses are subject to different provisions of this By-law.
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AGRICULTURAL PRODUCE WAREHOUSE
Means an agricultural building used to temporarily store farm produce.
AGRICULTURAL PROCESSING PLANT
Means a facility to process farm produce including row crops, grains, vegetables, fruits,
and maple syrup and may include honey, milk, and eggs, but no other animal products.
AGRICULTURAL RELATED USE
Means those farm related commercial and farm related industrial uses that are small
scale and directly related to the farm operation and are required in close proximity to
the farm operation.
AGRICULTURAL RESEARCH AND TRAINING CENTRE
Means a centre focused on research and training on sustainable and climate-friendly
farm practices, to be accommodated indoors and outdoors, and includes year-round
on-farm education through farm tours and the preparation and tasting of farm products
as part of the education of farm practices.
AGRI-TOURISM
Means the activities that are integrated into a farm operation for the purpose of
education, entertainment, recreation, hospitality services or direct farm sales designed
to generate value added income for the owners, to increase awareness of local
agricultural products, activities, heritage, and to increase long term sustainability.
Educational experiences may include activities such as farm tours, historical re-
enactments, exhibitions, animal feeding, and food processing tours. Entertainment
experiences may include activities such as rodeos, riding events or trails, corn mazes,
festivals, fairs, animal petting zoos, maple sugar shacks, farm animal and horse
competitions, and special seasonal holiday events. Recreation experiences may include
activities such as horseback riding, bird and wildlife watching, archery, tubing, guided
fishing, fishing ponds, snowshoeing, hiking, cross country skiing, wagon, sleigh and hay
rides, photography and painting. Hospitality services may include a permitted bed and
breakfast operation and a restaurant seating up to forty (40) guests, bakeries, catering,
and custom barbeques. Restaurant services must clearly be related directly to providing
the user with an agriculturally related experience and shall not exceed a floor area of
more than 93 square metres excluding kitchen and storage areas. In the case of a
restaurant, bakery, catering or custom barbeque use, the produce served must come
primarily from the host farm or surrounding farms. The mere location of the use on an
agricultural property does not qualify it as an agri-tourism use. The principal use of the
property shall remain farming.
AGRICULTURAL VETERINARY CLINIC
Means a veterinary clinic used primarily for the purposes of treating livestock and
includes a building or structure or part thereof that is used for the purpose of
consultation, diagnosis, and office treatment of animals, and may also include the
boarding or lodging of these animals in fully enclosed buildings in fields, pastures and
other outdoor enclosures. This may also incorporate, as an accessory use, an animal
shelter which means a building or structure in which stray or unwanted animals are
contained and cared for until they are claimed, sold or destroyed.
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AGRICULTURAL USE
Means the growing of crops, including nursery and horticultural crops; raising of
livestock; raising of other animals for food, fur or fiber, including poultry and fish;
aquaculture; apiaries; agro-forestry; maple syrup production; and associated on farm
buildings and structures, including accommodation for full time farm labour when the
size and nature of the operation requires additional employment.
AIRPORT
Means an area of land used for the landing, storing and taking off of aircraft and their
passengers and/or freight and may include, as accessory uses, ticket offices, restaurants,
parcel shipping facilities, customs offices, business offices and retail stores.
ALTER
Means any modification to a land use or the structural component of a building or
structure that results in a change of use or any increase or decrease in the volume,
frequency, or intensity of a use of land, buildings, or structures.
APARTMENT BUILDING
Means a building consisting of more than four (4) dwelling units with each being accessed
by a common corridor system, but not a townhouse or link home.
AQUACULTURE
Means the raising and bulk selling of fish or seafood being undertaken as a commercial
venture.
ARENA
Means a building that is intended for year round recreational use which may include
special events, competitions, circuses, concerts, conventions, weddings/banquets,
anniversaries, auctions, accessory restaurants, flea markets, trade shows or exhibits,
and may include ice making equipment and infrastructure capable of enclosing an
artificial ice surface.
ART GALLERY
Means premises used for the preservation, exhibition, and/or sale of paintings,
sculptures, or other works of art.
ASSEMBLY HALL
Means a premises used for the gathering together of a number of persons for charitable,
civic, cultural, educational, fraternal, political, recreational, social or like purposes, and
may include facilities for the consumption of food or drink, but not for any commercial
purpose.
ASSEMBLY OPERATION
Means the assembling of finished parts into a final product, but shall not include any
large scale manufacturing operation or any operation discharging large amounts of
liquids.
ATTACHED
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Means a building otherwise in itself, which depends, for structural support or complete
enclosure, upon a division wall or wall shared in common. A building may be attached
by an enclosed corridor, where such corridor shall be no more then 5 metres in length.
Where such corridor is not enclosed or is longer, the buildings joined by the corridor shall
be considered detached. Further, no attached accessory building can be attached to
another accessory building to be considered attached.
ATTIC
Means the unfinished space between the roof and ceiling of the top storey or between a
dwarf wall and sloping roof.
AUCTION CENTRE
Means a premises used for the storage of goods and materials which are to be sold on
the premises by auction.
BALCONY
Means a partially enclosed platform attached to or extended horizontally from one or
more main walls of a building.
BANQUET HALL
Means premises used for the purpose of catering to banquets, weddings, receptions or
similar functions for which food and beverages may also be prepared and served.
BASEMENT
Means one or more storeys of a building located below the first storey, and that is below
or partly below grade. A basement is greater than 1.8 m in interior height.
BED AND BREAKFAST
Means a dwelling in which guest rooms, accessed from inside the dwelling, are offered
by the residential occupants of the dwelling, to the travelling public to facilitate the
temporary occupancy for a period of less than 30 consecutive days throughout any part
of the calendar year, with or without meals."
BOARDER
Means a person who pays rent, fees or other valuable consideration to a proprietor for
living accommodation in which cooking, or washroom facilities are shared with other
persons.
BOARDING OR ROOMING HOUSE
Means a dwelling containing four to six lodging units, which do not appear to function as
a dwelling unit, although one may be included with the lodging units. It includes, without
limitation, a lodging house, a fraternity or sorority house. It does not include a hotel, a
crisis care facility, a hospital, a group home, a rehabilitation center, a crisis centre/care
facility, a bed and breakfast, a nursing home or assisted care home, or apartment
dwelling house. A boarding house may involve shared cooking or washroom facilities.
Meals may or may not be provided to residents. Common areas, such as living rooms
may or may not be provided.
BOARDING UNIT
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Means one or more rooms within a boarding or rooming house used or designed to be
used for sleeping accommodations. Boarding units may contain cooking or washroom
facilities, but not both.
BOARDING OR RIDING STABLES
Means a building or structure in which horses are boarded and may also include facilities
for riding and showing of horses.
BOATHOUSE
Means an accessory building used for the storage of private boats and accessory
equipment but shall not include habitable living space.
BREWERY
Means buildings and structures devoted to the manufacture, bottling, storage and
accessory sales of beer.
BUILDING
Means an edifice, whether temporary or permanent, that is used or built for the shelter,
accommodation or enclosure of persons, animals or chattels, having either a complete
roof or a complete wall(s), coupled with a floor, columns, or other structural components.
A building does not include a structure.
BUILDING, TOWNHOUSE
Means a building that is vertically divided into a minimum of three (3) dwelling units,
each of which has an independent entrance at grade to the front and rear of the building.
BUILDING SUPPLY OUTLET
Means premises in which building, construction and/or home improvement materials are
offered for retail or wholesale and which may include, as an accessory or primary use,
the outdoor storage and display of such materials as specified by permitted uses in this
By-law.
BUILDING, MAIN, PRIMARY, OR PRINCIPLE
Means a building that functions as the building in which the principal permitted use, as
opposed to an accessory use, of the lot is conducted.
BULK STORAGE ESTABLISHMENT
Means a place where land, building, or structure is used for the storage of goods,
materials, machinery, and/or equipment.
BUSINESS OR PROFESSIONAL OFFICE
Means premises used for conducting the affairs of businesses, professions, services,
industries, governments, or like activities, in which the chief product of labour is the
processing and/or storage of information rather than the production and distribution of
goods.
CAMPGROUNDS
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Means an area of land used and maintained as grounds for tourism related camping or
the temporary parking of truck campers, trailers, or tents, but not including mobile
homes.
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CAMPSITE
Means that part of a camping establishment which is occupied on a temporary basis only
by a truck camper, trailer, or tent.
CARPORT
Means a structure whose roof is structurally dependent upon the main building and is
therefore an attached building which has not more than seventy-five (75%) percent of
the structure enclosed by walls and which is used for the temporary parking or storage
of motor vehicles.
CEMETERY
Means lands set aside to be used for the interment of human remains and may include
as an accessory use, a mausoleum, a columbarium, crematorium, or other structures
intended for the interment of human remains.
CHIMNEY
Means a primarily vertical shaft enclosing at least one (1) flue for conducting flue gases
from a fireplace or furnace to the outdoors and shall be inclusive of the firebox, smoke
chamber and the exterior area which encloses the fireplace and flue.
CLUB, PRIVATE
Means a meeting place for members of an organization not operated for profit or of an
athletic, social, or recreational club not operated for profit.
COMMERCIAL USE
Means the use of land, buildings or structures for the supply for sale of goods and/or
services.
COMMERCIAL GREENHOUSE
Means a premises used for the growing of flowers, fruits, vegetables, plants, shrubs,
trees, and similar vegetation which are sold directly from the lot either by wholesale or
retail.
COMMERCIAL PARKING LOT
Means a parking lot where parking spaces are provided for temporary use for monetary
compensation.
COMMERCIAL SCHOOL
Means a premises used as a school conducted for profit, including a studio of a dance
teacher or a music teacher, an art school, a golf school, and any other similar specialized
school, and may include a trade school which means a premises used as a school where
students are taught a trade or profession including business schools, hair dressing
schools, and specific trade training.
COMMERCIAL SELF-STORAGE FACILITY
Means a premised used for the temporary storage of household items within buildings
that are divided by a common wall and floor which are generally accessible by means of
individual loading doors or lockers.
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COMMUNITY CENTRE
Means a facility used for community activities, including cultural, recreational, and
institutional uses which is controlled by a public authority.
CONDOMINIUM
Means an individual dwelling unit under separate ownership or intended for separate
ownership in a multiple unit structure with common elements. For the purposes of the
determination of an acceptable location for an associated sales office or model home,
the sales office or model home shall be located within a condominium unit or on common
lands incorporated within the plan of condominium.
CONFERENCE CENTRE
Means a formal meeting area comprised of meeting rooms and/or associated lodging and
meal facilities for the holding of meetings, conferences, trade shows, professional
education seminars, or similar assembly purposes.
CONSERVATION USE
Means an area of land which is used to preserve, protect, and/or improve components
of the natural heritage system for the benefit of society and the natural environment and
which may include, as an accessory use, hiking trails and/or cross country ski trails,
public picnic areas and shelters, public nature interpretation centres and public
information centres.
CONTAINER, MOVING
Means a portable container other than a shipping container, that is not made of
corrugated metal, loaded on and off a semi-trailer truck, used by moving companies for
the purpose of persons moving from one address to another.
CONTAINER, SHIPPING
Means a pre-fabricated metal container that is conventionally used for the purposes of
shipping goods usually on container ships, rail transport and semi-trailer trucks without
being opened, but does not include a truck body, trailer or transport trailer.
CONTRACTOR SHOP
Means a building or structure of any building trade or general contractor, where
equipment and materials are stored, or where a contractor performs shop or assembly
work, but does not include outdoor storage.
CONTRACTOR YARD
Means an area of land where equipment and materials used by a construction,
landscaping or excavating contractor are stored or where a contractor performs assembly
work. This may include the use of the site for minor repairs or maintenance to
construction equipment. This does not include the stockpiling of soil, aggregate, or any
other landscaping material unless specifically permitted.
CORNER LOT
Means a lot at the intersection of two or more public streets or upon two parts of the
same public street with such street(s) containing an angle of not more than 135 degrees
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or a lot upon which the tangents at the street extremities of the interior side lot lines
contain an angle of not more than 135 degrees. The corner of a lot on a curved corner
shall be that point on the street line nearest the point of intersection of the said tangents.
CORPORATION
Means the Corporation of the Township of Clearview.
COUNCIL
Means the Council of the Corporation of the Township of Clearview.
COUNTY
Means the Corporation of the County of Simcoe.
CUSTOM WORKSHOP, HEAVY
Means a building or part of a building used by a trade, craft or guild for the small-scale
manufacture and accessory sale of custom made articles, such as carpentry, metal
working shop, welding shop, laser cutting shop and machinist shop.
CUSTOM WORKSHOP, LIGHT
Means a building or part of a building used by a trade, craft or guild for the small-scale
manufacture and accessory sale of custom made articles, having little noise and nuisance
effects, such as upholstering, electrical shop, plumbing shop, appliance and small engine
repair but does not include motor vehicle service or repair.
DAIRY PRODUCTS PLANT
Means a milk pasteurization and/or bottling plant, a cheese factory or butter factory,
condensed or powdered milk factory, creamery, casein factory, milk or cream shipping
or receiving station, ice cream factory and any other premises where milk or cream is
received for shipment, distribution, processing, or manufacturing.
DATA PROCESSING CENTRE
Means premises used for information storage and retrieval through the use of electronic
computers, the production of computer programs, word processing, and the maintenance
of records including corporate accounts and cheque processing.
DAYCARE CENTRE
Means a provincially licensed and regulated premise regulated under the Child Care and
Early Years Act where children are provided with temporary care and/or guidance for a
continuous period, not exceeding twelve (12) hours and may include a nursery school
and a day nursery.
DECK
Means an unenclosed structure that is accessory to a residential use, whether attached
or detached from the main building, and used as an outdoor living area, with a foundation
or pillars holding it erect and a floor which is above finished grade and shall include a
landing or a stair attached to the deck.
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DEVELOPMENT
Means the creation of a new lot, a change in land use or the construction of buildings
and structures, but does not include:
a) Activities that create or maintain infrastructure authorized under a Provincial or
Federal environmental assessment process;
b) Works subject to the Drainage Act.
DRIVEWAY
Means a defined area of a lot that provides access for motor vehicles from a public or
private street or a lane to facilities such as a parking area, parking lot, loading space,
private garage, building, or structure.
DRY CLEANING DISTRIBUTION DEPOT
Means a premises used for the purpose of receiving articles or goods of fabric to be
subjected to the process of dry cleaning, dry dyeing, or cleaning in a laundry plant and
for the pressing and distribution of any such articles or goods which have been subjected
to any such process.
DRY CLEANING ESTABLISHMENT
Means a building or part thereof, used for the purpose of receiving, pressing, dying, dry
cleaning and distribution of any such articles, goods, or fabric wherein only non-
flammable solvents are, or can be used, no odours or fumes are emitted, no noise or
vibration is created which causes nuisance or inconvenience within or exterior to the
premises.
DRY INDUSTRIAL USE
Means an industrial use which does not require the use of water in the manufacturing,
processing, fabricating, or assembling of any good, substance, article, or thing.
DWELLING
Means one (1) or more habitable rooms, occupied or capable of being occupied by an
individual household as an independent and separate housekeeping establishment, in
which one (1) kitchen and sanitary facilities are provided for the exclusive use of such
household, with a private entrance from outside the building or from a common hallway
or stairway inside the building, but does not include a trailer, recreational vehicle or
mobile home, or housekeeping units in a hotel or motel or a boarding or lodging house.
DWELLING UNIT
Means a place of residence containing one or more habitable rooms with separate kitchen
and bathroom facilities for the private residential use as a single housekeeping unit,
designed for year-round occupancy, and shall not include a guest room, hotel or motel,
boarding house, mobile home, recreational vehicle, tent or trailer.
DWELLING UNIT, ACCESSORY
Means a dwelling unit which is accessory to a permitted principal use.
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DWELLING UNIT, AREA
Means the habitable living space contained within the inside walls of a dwelling unit,
excluding any private garage, carport, porch, unfinished attic, cellar or sun room, unless
such sun room is habitable in all seasons of the year, and excludes public or common
halls or areas, stairways and the thickness of outdoor walls.
DWELLING UNIT, BACHELOR
Means a dwelling unit consisting of one bathroom and not more than two (2) habitable
rooms providing therein living, dining, sleeping, and kitchen accommodation, individually
or in combination.
DWELLING, APARTMENT
Means a dwelling containing three or more dwelling units which have a common entrance
from the street level and are connected by a common corridor.
DWELLING, CONDOMINIUM
Means a multiple dwelling in which individual ownerships of dwelling units are permitted
under the provisions of the Condominium Act, as amended.
DWELLING, DUPLEX
Means a dwelling unit in a building that is divided horizontally or vertically into two (2)
dwelling units, each of which has an independent entrance either directly to the outdoor
or through a common vestibule or corridor.
DWELLING, FOURPLEX
Means a dwelling unit in a building that is divided horizontally or a combination of
vertically and horizontally into four (4) dwelling units, each of which has an independent
entrance either directly to the outdoor or through a common vestibule or corridor.
DWELLING, FIVEPLEX
Means a dwelling unit in a building that is divided horizontally or a combination of
vertically and horizontally into five (5) dwelling units, each of which has an independent
entrance either directly to the outdoor or through a common vestibule or corridor.
DWELLING, LINKED
Means two (2) or more dwelling units linked only below grade by a common foundation.
DWELLING, MOBILE HOME
Means a dwelling unit that is designed to be mobile, and constructed or manufactured to
provide a permanent residence that is certified in accordance with CSA Standards and
meets the requirements for a permanent dwelling under the Building Code, but does not
include a trailer, travel trailer or truck camper.
DWELLING, SINGLE DETACHED
Means a separate residential building containing only one dwelling unit that is comprised
of a kitchen, living space and washroom facilities that are provided for the exclusive use
of the residents and has a private entrance from the outside.
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DWELLING, SIXPLEX
Means a dwelling unit in a building that is divided horizontally or a combination of
vertically and horizontally into six (6) dwelling units, each of which has an independent
entrance either directly to the outdoor or through a common vestibule or corridor.
DWELLING, SEMI-DETACHED
Means a dwelling unit in a building that is divided vertically into two dwelling units that
share a common wall above grade.
DWELLING, SURPLUS
Means a lot approved by the Committee of Adjustment for the purposes of severing a
dwelling surplus to a farm operation. This definition shall not apply to undersized lots
created under archaic policies, not pertaining to a surplus farm dwelling.
DWELLING, TOWNHOUSE
Means a building containing more than two (2) dwelling units that is divided vertically
and where each unit is divided by a common masonry wall and each dwelling unit has
an independent entrance to the unit from the outside. This may also include a stacked
townhouse which means a townhouse development in which one unit is located above
another unit with the building being no more than two (2) stories in height, with no
common enclosed access corridor system.
DWELLING, TRIPLEX
Means a dwelling unit in a building that is divided horizontally or a combination of
horizontally and vertically into three (3) dwelling units, each of which has an entrance to
the outside independently or through a common vestibule or corridor.
EASEMENT
Means an area of land over which a right of entry has been granted for the purpose of
constructing and maintaining a right or service which has been legally described in a
registered deed.
ENVIRONMENTAL IMPACT STUDY
Means a study and documentation of the environmental sensitivity of a defined area that
assesses the potential impacts and consequences of a proposed development or site
alteration that has been prepared by a qualified individual or firm and submitted for
review and approval by the Township and other applicable approval authorities.
EQUESTRIAN FACILITY
The use of lands, buildings and/or structures for the boarding of horses, the training of
horses and riders, and the staging of equestrian events, but does not include the racing
of horses.
EQUIPMENT SALES AND RENTAL ESTABLISHMENT
Means a premises in which machinery and equipment are offered for sale or kept for
rent, lease, or hire.
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ERECT
Means to build, construct, reconstruct, alter, or relocate and shall include any preliminary
physical operation such as excavating, grading, piling, cribbing, filling, or draining and
structural alteration of any existing building or structure by an addition, deletion,
enlargement, or extension and shall also include removal and relocation, in all instances
whether or not such work requires a Building Permit.
ESSENTIAL EMERGENCY SERVICES
Means buildings for the provision of fire, police, and ambulance stations; electrical
substations; natural gas pumping facilities; and, municipal water supply treatment
facilities.
FAIRGROUND
Means an agricultural fairground operated by an Agricultural Society established under
the authority of the Agricultural and Horticultural Organizations Act, R.S.O. 1990, as
amended.
FARM COOPERATIVE
Means a retail use providing agricultural or agriculturally related products and services
to the agricultural sector.
FARM IMPLEMENT DEALER
Means a building, structure, and/or clearly defined space on a lot that is used for the
display and sale, lease, or rental of farm implements or equipment, and may include the
servicing, repair, cleaning, polishing, and lubricating of such machinery or equipment
and the sale of related accessory and products.
FARM HELP ACCOMMODATION
Means a building or structure on an agricultural parcel that is used seasonally or
temporarily by a person(s) for accommodations as a farm labourer(s) consisting of a
kitchen, washroom facilities, and living room, dining room, or bedroom.
FARM ROAD-SIDE RETAIL STAND
Means a premises where the products of an agricultural use on the same lot are sold at
retail to the traveling public and may include value added produce from the farm.
FARM PRODUCE SALES OUTLET
Means a use accessory to an agricultural use which consists of the retail sale of
predominantly locally grown agricultural produce which may be supplemented by other
agricultural products.
FARM WINERY OR CIDERY
Means buildings or structures used for the processing of grapes, fruit or honey in the
production of wines or ciders, and may include a tasting area.
FARMER'S MARKET
Means a premises where farm products may be sold from seasonal, non-permanent,
open air stalls or booths.
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FEEDLOT
Means an area of land within a fence, pen, or corral wherein livestock such as cattle,
horses, sheep, goats, and/or swine are maintained, and no permanent vegetative cover
is present due to the density of animals kept within the area of land.
FILL LINE
Means a line on a map or By-law Schedule that delineates those lands subject to the Fill,
Construction, and Alteration to Waterway Regulations pursuant of Section 28 of the
Conservation Authorities Act, R.S.O. 1990, Chapter C27, as amended, and is enforced
by the appropriate Conservation Authority.
FINANCIAL INSTITUTION
Means a premises in which financial services are offered to the public and includes a
bank, credit union, trust company, savings office, or any other retail banking operation.
FIREWOOD PROCESSING OPERATION
Means the processing of wood, which may or may not have been harvested from the
subject lands, for home heating purposes, which may be stored for sale to the General
Public on and/or off the subject lands. The processing of firewood shall include the
cutting, splitting, seasoning and storage of raw wood products and the finished material.
FIRST STOREY
Means the storey with its floor closest to the established exterior grade and having a
ceiling more than 1.8 metres above established exterior grade.
FISH CAMP
Means the raising and selling of fish to the public where the public also catches such fish,
whether or not live release occurs and whether or not the public is required to catch the
fish, they are sold, and being undertaken as a commercial venture.
FITNESS CENTRE
Means a premises used for profit or non-profit purposes in which the facilities are
provided for recreational or athletic activities such as bodybuilding and exercise classes
and may include associated facilities such as a sauna, a swimming pool, a solarium, a
cafeteria, and accessory retail uses.
FLOOD FRINGE
For river, stream, and small inland lake systems, means the outer portion of the flood
plain between the floodway and the flooding hazard limit. Depths and velocities of
flooding are generally less severe in the flood fringe than those experienced in the
floodway.
FLOOD PLAIN
For river, stream, and small inland lake systems, means the area, usually low lands
adjoining a watercourse, which has been or may be subject to flooding hazards.
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FLOOD WAY
For river, stream, and small inland lake systems, means the portion of the flood plain
where development and site alteration would cause a danger to public heath and safety
or property damage.
FLOOD HAZARD
Means the inundation, under the conditions specified below, of area adjacent to a
shoreline or a river or stream system and not ordinarily covered by water:
a)
Along the shorelines of the Great Lakes - St. Lawrence River System and large
inland lakes, the flooding hazard limit is based on the one hundred year flood
level plus an allowance for wave uprush and other water related hazards;
b)
Along river, stream, and small inland lake systems, the flooding hazard limit is
the greater of:
i.
the flooding resulting from the rainfall actually experienced during a
major storm such as the Hurricane Hazel storm (1954) or the Timmins
storm (1961), transposed over a specific watershed and combined with
the local conditions, where evidence suggests that the storm event could
have potentially occurred over watersheds in the general area;
ii.
the one hundred year flood; and,
iii.
a flood which is greater than i) or ii) which was actually experienced in
a particular watershed or portion thereof as a result of ice jams and
which has been approved as the standard for that specific area by the
Minister of Natural Resources;
c)
except where the use of the one hundred year flood or the actually experienced
event has been approved by the Minister of Natural Resources as the standard
for a specific watershed (where the past history of flooding supports the
lowering of the standard).
FLOOR AREA, TOTAL GROSS
Means the total area of all floors in a building(s), measured between the exterior faces
of the exterior walls of the building or structure at each floor level, exclusive of any
basements used for storage purposes.
FOOD PROCESSING ESTABLISHMENT
Means a premises in which food is processed or otherwise prepared for human
consumption but not consumed on the premises.
FORESTRY
Means an area of land used for the cultivating and harvesting of trees for the purpose of
producing commercial and non-commercial wood products using good forestry practices,
including Christmas trees and commercial tree nurseries, and on which the cutting of
wood harvested from the lot is located. For the purposes of this By-law, a forestry use
does not include a saw and/or wood planing mill or a wood chipping establishment.
FUGITIVE EMISSIONS
Reasonably expected or predictable contaminant occurrences associated with normal
operational practices and procedures such as materials handling or outdoor storage, of
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industrial facilities, which are generally difficult to practically control at the source or on-
site. These emissions are not point sources. Fugitive emissions are from all sources.
These emissions may include odour, noise, vibration and particulate such as dust.
Emissions from a breakdown are not considered 'fugitive'. Breakdown emissions would
be covered under a Certificate of Approval contingency plan or are considered to be a
'spill'
FUNERAL HOME
Means a provincially licensed and regulated premise used for furnishing funeral supplies
and services to the public and includes facilities intended for the preparation of the
human body for interment or cremation.
GARAGE
Means an enclosed building, or part thereof, designed and used for the storage of motor
vehicles, tools and household equipment accessory and incidental to residential
occupancy, and in which no business, occupation, or service is conducted for profit unless
otherwise specifically permitted in this By-law.
GARAGE, ATTACHED
Means a private garage attached to, but subordinate, incidental to, and exclusively
devoted to a dwelling unit.
GARDEN CENTRE
Means a building or structure or lands for the display and retail sale of goods related to
gardening and landscaping.
GARDEN SUITE
Means a detached residential structure containing bathroom and kitchen facilities that is
an accessory use to an existing dwelling unit and is designed to be portable or removable
in accordance with an agreement required for construction and use.
GAS BAR
Means the use of land for one or more gasoline pump islands, as well as any associated
canopy and buildings/structures. Such buildings shall be used primarily for the sale of
fuel and small accessories required for the operation of motor vehicles, and shall not be
used for washing, repairs, oil changes, greasing, or any other maintenance to vehicles.
Accessory sale of convenience items to the traveling public may also occur.
GOLF COURSE
Means an outdoor public or private area operated for the purpose of playing golf and
includes a golf course, golf course driving range, putting greens, and a miniature golf
course and which may include, as accessory uses, a restaurant, a retail store that sells
golf equipment and accessories, fitness centre, and other buildings or structures devoted
to the maintenance and operation of the golf course.
GOLF DRIVING RANGE
Means an open air or indoor facility where the sport of golf is practiced from individual
tees and which may include an accessory structure to house the tees, golf balls and golf
club rentals, and a structure from which the golfers tee off.
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GOOD FORESTRY PRACTICES
Means:
a) 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 which minimizes detriments to forest values including important
fish and wildlife habitat, soil and water quality and quantity, forest productivity
and health; and the aesthetic and recreational qualities of the landscape; and,
b) The cutting and removal of hazardous, severely damaged, diseased, and insect
infested trees which must be removed in order to prevent contamination or
infestation of other trees, or which no longer contribute to the achievement of
forest values.
GRADE
Means the level of the ground at the base of the building or structure.
GROUP HOME
Means a premise used to provide supervised living accommodation, licensed or funded
under the Province of Ontario or Government of Canada legislation, for three to six
persons, exclusive of staff, living together in a single housekeeping unit because they
require a group living arrangement.
GUEST ROOM
Means a room or suite of rooms to be provided for rent or hire and used for sleeping
accommodation for a seasonal or temporary period on the basis of a concession, lease,
license, permit, rental agreement or similar commercial arrangement and in accordance
with exemptions set out in the Residential Tenancies Act and/or municipal licensing
requirements, and shall not include a dwelling or any residential use."
HABITABLE LIVING SPACE
Means any space designed for or capable of being designed for living, sleeping, eating,
or food preparation, and may also include a den, library, sewing room, enclosed sun
room, or basement.
HARD SURFACE
Means a ground surfacing material such as asphalt, concrete, paving stone, or like
material which creates a contiguous hard, immovable surface.
HAZARDOUS SUBSTANCES
Means substances which individually, or in combination with other substances, are
normally considered to pose a danger to public health, safety, and the environment.
These substances generally include a wide array of materials that are toxic, ignitable,
corrosive, reactive, radioactive, or pathological.
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HEIGHT
For a building, means the vertical distance between the lowest grade of the front wall of
the building and the highest point of the roof. For a structure, means the vertical
distance between the lowest grade and the highest point of the structure excluding a
deck railing or other appurtenances that project above the top of the structure and does
not form an integral part of the structure itself.
HEIGHT, MAXIMUM
Means the maximum height permitted.
HEREIN
Means "in this By-law" and shall not be limited to any particular section of this By-law.
HIGH GROUNDWATER LEVEL
Means the average annual high water level below the surface of the ground in a surficial
groundwater deposit as determined at any particular time on any part(s) of a lot by
either the Township or Nottawasaga Valley Conservation Authority, or as determined by
a qualified engineer or hydrogeologist and approved by the Township or Nottawasaga
Valley Conservation Authority.
HOME INDUSTRY
Means a small-scale industrial use as specified in this By-law, that provides services or
wares to the rural community and which is an accessory use. For the purpose of this By-
law, the repairing of motor vehicles is not a home industry. However, this does not in
any way limit the ability of a resident to repair their own equipment or machinery on the
property as a normal, incidental use.
HOME OCCUPATION
Means an occupation, trade, business, profession, or craft as specified in this By-law
carried on as an accessory use by members of the household on a lot.
HOSPITAL
Means any institution, building, or other premises established for the treatment of
persons afflicted with or suffering from sickness, disease, or injury for the treatment of
convalescent or chronically ill persons, as a public hospital.
HOTEL
Means a building in which guest rooms, accessed from inside the building, are offered to
the travelling public to facilitate the temporary occupancy for a period of less than 30
consecutive days throughout any part of the calendar year, with or without meals. The
hotel may include a public dining area, meeting and convention rooms, accessory fitness
and recreational amenities, and/or an accessory retail store.
HOUSEHOLD
Means one (1) or more persons living as a single housekeeping unit in a dwelling.
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INDUSTRIAL USE
Means the use of land, buildings, or structures designed for the purpose of
manufacturing,
assembling,
making,
inspecting,
finishing,
altering,
repairing,
warehousing or storing any goods, substances, articles, or things or any part thereof,
and the storage of building and construction equipment and materials, as distinguished
from the buying and selling of commodities and the supply of personal services.
INN
Means a building in which guest rooms, accessed from inside the building, are offered by
the residential occupants of the building, to the travelling public to facilitate the
temporary occupancy for a period of less than 30 consecutive days throughout any part
of the calendar year, with or without meals.
INDOOR BASEBALL PRACTICE FACILITY
Means a building or structure designed and equipped primarily for the practicing or
teaching of baseball skills and may include an accessory gymnasium; viewing area;
change rooms; offices; board room; parent lounge; or therapy rooms.
KENNEL, BOARDING
Means a building or structure where three (3) or more canines are housed for the
purposes of commercial breeding or for commercial boarding, but does not include a
kennel operated as part of a veterinary service. A kennel may also incorporate as a use,
the training of canines housed at the kennel.
KITCHEN
Means a room or part of a room where food is stored, prepared, or cooked, and which
has cooking appliances and one (1) or more sinks.
LANDFILL SITE
Means land, buildings, or parts of buildings used for the disposal of waste by deposit,
under controlled conditions, and includes compaction of waste into cells and covering
waste with layering materials at regular intervals.
LANDSCAPING
Means trees, shrubs, flowers, grass, or other horticultural elements, decorative
stonework, screening or other architectural elements, all of which are designed to
enhance the visual amenity of a property and shall not include parking areas, walkways,
driveways or ramps.
LANDSCAPE BUFFER
Means a landscaped or naturally planted area or strip, which serves to provide separation
and to partially or obstruct the view of adjacent land uses and shall consist of landscaping
with trees, shrubs, grass, flower beds, or a combination thereof. A landscaped berm and
an open decorative fence may also be utilized as a component of the landscaped buffer.
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LANDSCAPE SCREEN
Means a landscaped or naturally planted area or strip, which serves to provide separation
and to fully obstruct the view of adjacent land uses and shall consist of a row of trees or
a continuous hedgerow of evergreens or shrubs immediately adjacent to the lot line.
LANDSCAPED OPEN SPACE
Means the open, unobstructed space at grade on a lot accessible by walking from the
street on which the lot is located and which is suitable for the growth and maintenance
of grass, flowers, bushes, trees, and other landscaping and includes surfaced patio, or
similar area, but does not include any driveway, walkway, parking surface, or ramp,
whether surfaced or not, any curb, retaining wall, parking area, or any open space
beneath or within any building or structure.
LANE
Means a secondary thoroughfare which is not intended for general traffic circulation and
which provides public or private means of vehicular access to an abutting property, but
does not include a street. A lane does not provide a lot with frontage for the purposes
of this By-law.
LARGE INLAND LAKES
Means those water bodies having a surface area of equal to or greater than 100 square
kilometres where there is not a measurable or predictable response to a single runoff
event.
LAUNDROMAT
Means premises where coin-operated laundry machines, using only water, detergents
and additives are made available to the public for the purpose of cleaning clothes and
other articles of fabric.
LIBRARY
Means premises containing printed, electronic, and pictorial material for public use for
purposes of study, reference, and recreation.
LIVESTOCK ASSEMBLY AREA
Means an area in which farm animals or livestock are assembled in a concentrated area
for purposes of treatment, feeding, or future transport.
LIVESTOCK
Means farm animals and includes dairy, beef, swine, poultry, horses, goats, sheep,
ratites, fur-bearing animals, deer and elk, game animals, birds and other like animals.
LIVESTOCK FACILITY
Means permanent structures with livestock occupied portions, intended for keeping or
housing of livestock, including feedlots, and containing one or more barns or structures.
Includes manure storage and composting and digester systems, subject to meeting the
applicable provisions of this By-law.
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LIVESTOCK FARM
Means the use of land for the purpose of raising livestock for consumption or enjoyment
and may include aquaculture and a feedlot. This use includes agricultural
buildings/structures livestock housing and feed/bedding storage, manure management
facilities, and associated outside storage.
LIVESTOCK HOUSING CAPACITY
Means the total maximum number of livestock that can be accommodated in a livestock
facility at any one time.
LIVESTOCK UNIT
Means the equivalent values for various types of livestock, swine, and poultry based
upon manure production and reproduction cycles.
LOADING SPACE
Means an unobstructed and off street area of land which is used for the temporary
parking of one or more commercial motor vehicles while merchandise or materials are
being loaded or unloaded from such vehicle.
LOT
Means an existing parcel of land which has a good and marketable title and may legally
be conveyed or transferred by an owner in accordance with the Planning Act or is
described in accordance with a registered Plan of Condominium.
LOT AREA
Means the total horizontal area, measured using a two-dimensional plan view, within the
lot lines of a lot.
LOT COVERAGE
Means the percentage of the lot covered by all buildings, structures or other items shall
be included in the calculation of coverage where specified in the By-law.
LOT DEPTH
Means the horizontal distance between the front and rear lot lines. Where these lines
are not parallel or equal in length, it shall be the length of a line joining the mid-points
of the front and rear lot lines.
LOT FRONTAGE
Means the horizontal distance between the side lot lines measured along the front lot
line, but where the front lot line is not a straight line, means the horizontal distance
between the side lot lines such distance being 8 metres from the front lot line.
LOT LINE
Means a line delineating any boundary of a lot.
LOT LINE, EXTERIOR SIDE
Means the lot line of a lot, other than the front lot line, which divides the lot from a
public street.
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LOT LINE, FRONT
Means the line which divides the lot from the public street, but, in the case of:
a)
A corner lot, the shortest of the lot lines that divides the lot from the public
street shall be deemed to be the front lot line, however the shortest lot line
shall not be a line created by the requirement for a sight triangle;
b)
A through lot, the shortest of the lot lines that divides the lot from a public
street shall be deemed to be the front lot line;
c)
A corner lot where such lot lines are of equal length and where one lot line
abuts a County road or Provincial highway, the front lot line shall be deemed
to be that line which abuts the County Road or Provincial Highway; and,
d)
A corner lot where such lot lines are of equal length and where the lot lines
abut a public street under the same jurisdiction, the Township may designate
either street line as the front lot line.
LOT LINE, INTERIOR SIDE
Means a lot line, other than a rear lot line, that does not abut a public street.
LOT LINE, REAR
Means the lot line opposite to, and most distant from, the front lot line and not abutting
a public road. A through lot shall be considered not to have a rear lot line. The lot line(s)
abutting a public road that are not the front lot line shall be the exterior lot line(s).
LOT OF RECORD
Means a legally existing parcel of land in one ownership that was created under the
authority of the Planning Act or other legal means. A lot of record is capable of being
developed by virtue of meeting the requirements of this By-law, as a legal non-
conforming lot or a conforming lot, or by virtue of being located within a settlement area.
No lot in the following archaic plans shall be considered a lot of record: 51R-448, 51R-
545, 51R-552, 51R-599, 51R-708, 51R-727A, Plan 110, the unregistered Fisher Plan
(33/34 Sd Rd and Conc 5), 51R-576, 51R-617, 51R-618, 51R-619, 51R-620, 51R-621,
51R-704, 51R-705, 51R-706, 51R-707, and Plan 72.
LOT, THROUGH
Means a lot bounded on two non-contiguous sides by streets.
MACHINE OR WELDING SHOP
Means a building, or part of a building, where fabrication or manufacturing is performed
by tradesman requiring manual or mechanical skills.
MAIN WALL
Means the exterior, front, side, and/or rear wall of a building and all structural
components essential to the support of a fully enclosed space.
MANUFACTURING
Means the use of land, buildings, or structures designed for the purpose of
manufacturing, assembling, preparing, inspecting, finishing, treating, altering, repairing,
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storing, or adapting for sale, any goods, substance, or articles but shall not include an
noxious industry, mine, pit, or quarry.
MARINA
Means a premises containing docking facilities where boats or boat accessories are
berthed, stored, serviced, repaired, constructed or kept for sale or rent and where
facilities for the sale of marine fuels or lubricants, accessory retail sales, and a taxi
service are provided and where wastewater pumping facilities may be provided.
MARINE SALES AND SERVICE ESTABLISHMENT
Means premises where boats and boat accessories are sold, rented, stored, and/or
repaired.
METAL PRODUCTS FACTORY
Means a factory for forging, rolling, stamping or drawing, casting, fabricating, grinding,
turning, machining, heat-treating, galvanizing, plating, coating, annealing or any other
fabrication or processing of metals.
MEDICAL CLINIC
Means a premises used by two or more practitioners at any one time for the medical,
dental, surgical and/or therapeutic diagnosis and treatment to the general public, without
overnight accommodation and may include accessory dispensary facilities, common
administration and/or reception areas, and offices used by medical or health care
professionals, but does not include a public or private hospital.
MODEL HOME
Means a building which is used on a temporary basis as a sales office and/or as an
example of the type of dwelling that is for sale in a related development and which is not
occupied or used for human habitation.
MORE STRINGENT RESTRICTIONS
Means those restrictions which are more restrictive toward development or site
alteration, which would be more prohibitive to development or site alteration, or those
restrictions which would result in greater protection of the public interest and
environment. Those restrictions may refer to limitations concerning permitted land uses
or to the regulations and provisions of this By-law or the requirements established by
any Federal or Provincial legislation or regulation.
MOTEL
Means a building in which guest rooms, accessed from outside the building, are offered
to the travelling public to facilitate the temporary occupancy for a period of less than
30 consecutive days throughout any part of the calendar year.
MOTOR VEHICLE/VEHICLE
Means a motor vehicle, traction engine, farm tractor, and any vehicle drawn, propelled,
or driven by any kind of power, not including muscular power. This definition does not
include rail or street cars. The term motor vehicle or simply vehicle includes personal,
commercial, farm and recreational vehicles, and shall also include non-motorized vehicle
accessories, such as trailers and implements. A vehicle does not include a mobile home
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dwelling. From time to time the By-law may refer to a specific category of vehicle. In
these cases, the following definitions shall apply:
Commercial Vehicle means a motor vehicle licenced and/or intended for
commercial use, and includes but is not limited to a transport truck and/or trailer,
utility trailer, heavy machinery or coach/bus.
Farm Vehicle means a motor vehicle licenced and/or intended for farm
use, and includes but is not limited to a tractor, combine, implement,
livestock trailer or bin/wagon. This definition may include transport
trucks and trailers and heavy machinery dedicated exclusively to a bone
fide farm operation.
Personal Vehicle means a motor vehicle intended for personal use, and includes
but is not limited to a car, pick-up truck, mini-van, SUV or motorcycle.
Recreational Vehicle means a motor vehicle intended for recreational use, and
includes but is not limited to a motor home, travel trailer, boat or personal utility
trailer. For the purpose of this definition one or two (1 or 2) snowmobiles or one
or two (1 or 2) ATVs shall be counted as one single recreational vehicle. A single
recreational vehicle stored upon/within a personal utility trailer may be counted
as one recreational vehicle.
MOTOR VEHICLE BODY SHOP
Means premises used for the painting and/or repairing of the interior and/or exterior
and/or the undercarriage of automobile bodies but shall not include an automobile
wrecking yard or salvage yard, a car wash, or the sale of gasoline or other motor fuels.
MOTOR VEHICLE REPAIR ESTABLISHMENT
Means a building or structure, other than a private garage, which is used for the servicing
and repairing, or using equipment essential to the actual operation of automobiles/motor
vehicles and includes the servicing, repairing, cleaning, polishing, and greasing of
vehicles and accessory automotive parts sales, but shall not include an automobile
wrecking yard or salvage yard, a car wash, or the sale of gasoline or diesel .
MOTOR VEHICLE SALES ESTABLISHMENT
Means a building and/or lot used for the display and sale of new and used motor vehicles
and may include the accessory servicing, repair, cleaning, polishing, greasing, body
repair, and repainting of motor vehicles, the sale of automotive accessories and related
products and the leasing or renting of motor vehicles.
MOTOR VEHICLE WASH FACILITY
Means a building, structure or part thereof, used for the washing of motor vehicles with
automatically operated equipment located wholly within an enclosed building, structure
or part thereof, but shall not include time-pay washing facilities, coin-operated washing
facilities, wand washing facilities or other manually operated equipment or facilities for
the washing of motor vehicles.
MOVING COMPANY
Means a premise where a business offers services for relocating and transporting
domestic items from one location to another and shall include an office on site and may
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also include services of packing and unpacking at the moving sites, but does not include
a warehouse or commercial self storage.
MUNICIPALITY
Means the Corporation of the Township of Clearview.
MUNICIPAL SERVICES
Means sewage services and water services that are owned or operated by a
municipality.
MUSEUM
Means a facility that is used for the preservation of a collection of paintings, other works
of art, and/or objects of natural or scientific history, philosophical inventions,
instruments, models, and/or designs, and which may also include libraries, reading
rooms, laboratories, and accessory offices.
MULTIPLE RESIDENTIAL
Means three (3) or more residential units in the same structure.
NATURAL HERITAGE FEATURE
Means features and areas including a significant wetland, significant woodland,
significant valley lands, significant wildlife habitat, significant areas of natural and
scientific interest, significant portions of the habitat of endangered or threatened species,
or fish habitat as identified by the Township, County of Simcoe, Nottawasaga Valley
Conservation Authority, or Province of Ontario.
NATURAL HERITAGE SYSTEM
Means a system made up of natural heritage features and areas, linked by natural
corridors which are necessary to maintain biological and geological diversity, natural
functions, viable populations of indigenous species and ecosystems. These systems may
include lands that have been restored and areas with the potential to be restored to a
natural state.
NATURE INTERPRETATION CENTRE
Means a premises in which maps, exhibits, and documents are displayed for the purpose
of explaining a natural heritage system to the public.
NEIGHBOURHOOD CONVENIENCE STORE
Means a premises occupying no more than 200 square metres where food, tobacco,
medication, periodicals and similar items of daily household necessity are sold primarily
to the residents in the immediate area.
NON-COMPLYING
See non-conforming.
NON-CONFORMING
One or more of the following:
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a)
The use of land or building/structure for a purpose that is not identified as a
permitted use within the zone classification in which the land or
building/structure is located.
b)
Land or buildings/structures that do not meet the provisions of the zone
classification for which the land or building/structure is located, or do not meet
other applicable provisions of the Zoning By-law.
NORMAL FARM PRACTICES
Means a practice, as defined in the Farming and Food Production Protection Act, 1998,
as may be amended from time to time, that is conducted in a manner consistent with
proper and acceptable customs and standards as established and followed by similar
agricultural operations under similar circumstances; or makes use of innovative
technology in a manner consistent with proper advanced farm management practices.
Normal farm practices shall be consistent with the Nutrient Management Act, 2002 and
regulations made under that Act.
NOXIOUS USE
Means a use which, from its nature or operation, creates a health hazard, creates a
nuisance, or is liable to create a health hazard, or become a nuisance or offensive by the
creation of noise or vibration, or by reason of the emission of gas, fumes, dust, or
objectionable odour, or by reason of the matter, waste, or other material generated by
the use. A use or component of a use which occurs in accordance with and in full
compliance of an approval issued by an approval authority shall be deemed not to be an
noxious use to the extent only of that particular authorized use or component of that
use.
NURSING OR ASSISTED CARE HOME
Means a premises licensed pursuant to the laws of the Province of Ontario, where a broad
range of personal care, support and health services are provided for residents in a
supervised setting, and may include one or more accessory uses, such as common
dining, lounging, kitchen and recreational areas, administrative office, and a medical
clinic.
OCCUPANCY
Means to reside in or use as an owner or tenant on a permanent or temporary basis.
OFFICE BUILDING
Means a premises in which persons are engaged in the management and direction of a
business or enterprise, the practice of a profession, or provision of a service including
administration and financial, but does not include a personal service shop or a medical
clinic.
ONE HUNDRED YEAR FLOOD
For river, stream, and small inland lake systems, means that flood, based on an analysis
of precipitation, snow melt, or a combination thereof, having a return period of 100 years
on average, or having a 1% chance of occurring or being exceeded in any given year.
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OPEN SPACE
Means a space unoccupied by buildings and/or structures open to the sky on the same
lot with a building.
ORGANIZED RECREATIONAL TRAIL
Means a defined path or trail, which is intended for the use of the public for recreation
purposes and is administered by a government agency or registered non-governmental
agency.
OUTDOOR DISPLAY AND SALES AREA
Means an area devoted to the retail sale or display of produce, merchandise, or the
supply of services.
OUTDOOR STORAGE
Means an area of land used in conjunction with a business located within a building or
structure on the same lot, for the storage of goods, equipment, and raw or processed
materials.
OUTDOOR PATIO
Means an area adjacent to a restaurant located on the same lot used exclusively for
dining and drinking.
OUTDOOR LIVING AREA
Means an outside area on the same lot as a dwelling and to the possession of which the
residents of a dwelling unit are entitled.
PARK
Means an area, consisting largely of open space, which may include a recreational area,
playground, play field, or similar use, but shall not include a mobile home park, a
campground, trailer park, or an industrial park.
PARK, PUBLIC
Means any area of land under the jurisdiction of a public authority that is designed and/or
maintained for recreational purposes. Without limiting the generality of the foregoing, a
public park may include municipal parks and playgrounds, swimming pools, beach areas,
tennis courts, bowling greens, arenas, boating facilities, sports fields and ancillary retail
uses and regional open space and recreational uses operated by a public authority which
areas may include a camping establishment operated by a public authority.
PARK, PRIVATE
Means an open space or recreational area other than a public park, operated on a
commercial and/or private member basis.
PARKING AISLE
Means an area of land which abuts or provides vehicular access to one (1) or more
parking spaces.
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Definitions
PARKING AREA OR LOT
Means an area of land not located on a public street or private street that is used for the
parking of one (1) or more motor vehicles, with or without a fee being charged. A parking
area/lot includes drive aisles, ingress/egress driveways, and parking/loading spaces.
PARKING GARAGE
Means a building, or part thereof, used for the storage or parking of motor vehicles.
PARKING SPACE
Means an area of no less than 3 metres in width and 6 metres in length, excluding any
aisles or ingress and egress lanes, usable for the temporary parking or storage of a motor
vehicle, and may include a private garage or carport, and suitably surfaced and
demarcated for such use.
PARKING STRUCTURE, UNDERGROUND
Means an accessory structure for the storage of passenger motor vehicles below either
partially or wholly below ground excluding the entrance which may be located above
ground at any point or a parking area located entirely below a building.
PARTIAL SERVICES
Means:
a)
Municipal sewage services or private communal sewage services and individual
on-site water services; or,
b)
Municipal water services or private communal water services and individual on-
site sewage services.
PARTNERED SEWAGE COLLECTION SYSTEM
Means the entirety of the sewage collection system which collects and directs flows for
sewage treatment to the Town of Wasaga Beach Sewage Treatment Plant.
PASSIVE RECREATION
Means an activity or use of land carried out for recreational purposes which does not
require buildings or the alteration of soil or topography and includes open space and
environmental areas and is not a commercial business.
PERSON
Means any human being, association, firm, partnership, incorporated company,
corporation, agent or trustee, and the heirs, executors or legal representatives of a
person to whom the context can apply in law.
PERSONAL SERVICE SHOP
Means premises in which persons are serving to the individual needs of a customer which
may involve the health, beauty or grooming of a person or pet or the maintenance,
cleaning, or repair of personal apparel or accoutrements and may include associated
accessory retail sales, but shall not include a use otherwise defined in the By-law.
PLACE OF ENTERTAINMENT
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Means a premises where entertainment is offered for profit and may include a motion
picture or other theatre, arena, auditorium, public hall, casino, billiard, arcade or pool
room, bowling alley, ice or roller skating rink, laser games, or other similar uses, but
does not include adult entertainment or any other place of entertainment or amusement
otherwise specified, defined, or classified in this By-law.
PLACE OF WORSHIP
Means a building set aside by any religious organization for public worship and may
include a church hall, church auditorium, nursery school, convent, monastery, parish
hall, church shelter offering overnight shelter at no cost, church thrift shop, religious
counseling office and additional community activities.
PLANT NURSERY
Means a building, structure or lands used for the growing of flowers, plants, shrubs, trees
and similar vegetation and associated retail and wholesale but shall not include a garden
centre.
PORCH
Means a structure abutting a main wall of a building having a roof but with walls that are
generally open and unenclosed.
PORTABLE ASPHALT PLANT
Means equipment that is used to produce asphalt and which is capable of being readily
drawn by a motor vehicle and which is not permanently affixed to the ground.
PREMISES
Means an area of a building occupied or used by a person, business, or enterprise.
PRIMARY METALS PLANT
Means a smelter, blast furnace, cupola, foundry, mill, or other factory for the production
of primary iron, steel, or other metals.
PRINCIPAL USE
Means the primary use of the lot.
PRINTING ESTABLISHMENT
Means premises in which books, newspapers, periodicals, flyers, or other printed
materials are produced for subsequent sale or distribution but does not include an office
where written material is produced or printed as a normal course of office activity.
PRIVATE SCHOOL/ACADEMY OR RELIGIOUS SCHOOL
Means a school, other than public or separate school, where academic subjects are
taught or which is maintained for philanthropic or religious purposes and may include
associated lodging and meal facilities for staff and students.
PRIVATE CLUB
Means a premises used as a meeting place by members and guests of members of non-
profit and non-commercial organizations for community, social, or cultural purposes. This
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definition does not include uses that are normally carried out as a commercial enterprise
and does not include an adult entertainment establishment.
PRIVATE SEWAGE SERVICES
Means a sewage works that serves a lot or private residence and is not owned by a
municipality.
PRIVATE WATER SERVICES
Means a non-municipal drinking water system within the meaning of Section 2 of the
Safe Drinking Water Act, 2002, as amended from time to time, that serves one or more
lots or private residences.
PRIVATE HOME DAYCARE
Means the use of a dwelling unit, as a permitted home occupation, regulated under the
Child Care and Early Years Act for the temporary care of children for compensation for a
continuous period not exceeding twenty-four hours.
PRODUCE FARM
Means lands used for the tillage of soil and the growing of crops, including vegetables,
fruits, grains and legumes, and also means lands used for maple sap harvesting, agro-
forestry,
or
apiaries.
This
use
includes
primary
and
accessory
agricultural
building/structures, and also includes on-farm uses involving the farm's own
commodities only, including: minor processing, storage, and outside storage. A produce
farm shall not include cannabis cultivation or a cannabis production facility. A produce
farm may also permit the public to pick their own produce.
PUBLIC USE
Means a building, structure or lot used by the Corporation or the County other than a
waste transfer station or waste recycling facility owned or operated by the County; a
building, structure or lot used by any Local Board of either the Corporation or the County;
or any Conservation Authority established by the Government of Ontario; any Ministry
or Commission of the Government of Ontario or Canada; and, any telephone,
telecommunication, natural gas, electric transmission or distribution company.
PUMP HOUSE
Means a building or structure in which a pump for drawing, storing, and/or pressurizing
water is located.
RECREATION AND ATHLETIC FACILITY
Means a building or structure designated and equipped for the conduct of sports and
leisure time activities such as a gymnasium, swimming pool, ice rink, tennis court,
racquet ball court, weight room, sauna, and may also include outdoor facilities such as
outdoor bowling, sports fields, basketball courts, cross country trails, and similar uses,
but excludes racing involving motor vehicles.
RECREATIONAL USE
Means a use of land, building or structure that has been designed and equipped for the
conduct of sports and leisure time activities such as a bowling alley, a curling rink, a
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Definitions
billiard hall, an indoor golf driving range and other such uses, but does not include a
commercial fitness centre, any use requiring the outdoor operation of motor vehicles, a
track for the racing of animals, motor vehicles, snowmobiles or motorcycles, or any other
sports or leisure time use otherwise defined by this Bylaw.
RECREATIONAL VEHICLE DEALER
Means a building, structure, and/or clearly defined space on a lot used for the display
and sale, lease or rental of recreational vehicles or equipment such as snowmobiles, all
terrain vehicles, trailers, campers, and boats, and may include the servicing, repair,
cleaning, polishing, and lubricating of such machinery or equipment and the sale of
accessory and related products.
RECYCLING FACILITY
Means a premises in which used materials are separated and/or processed prior to
shipment to other facilities who will use those materials to manufacture new or recycled
products, but does not include a composting facility.
REGULATORY FLOOD
Means the flood resulting from the Timmins storm or the one hundred year return period
storm, whichever is greater.
RENOVATION
Means the external or internal alteration of a building or structure.
RENEWABLE ENERGY SYSTEM
Means the production of electrical power from an energy source that is renewed by
natural processes including, but not limited to, wind, water, a biomass resource or
product, or solar and geothermal energy.
RENTAL STORE
Means a building or part of a building where goods are kept for the purposes of temporary
loan to the public for gain but shall not include an automotive leasing establishment.
RESEARCH LABORATORY
Means a premises used for research and development involving natural and physical
sciences.
RESERVE
Means a strip of land abutting a public street and owned by the authority having
jurisdiction over such a public street. For the purposes of this By-law, a lot separated
from a public street by a reserve shall be deemed to abut such a public street for the
purposes of establishing a front lot line but shall not have frontage on a public street for
the purposes of determining compliance with frontage requirements.
RESIDENTIAL USE
Means the use of land, buildings or structures for human habitation and designed for
permanent year-round residential occupancy, excluding seasonal or temporary
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occupancy uses and any short-term accommodation use conducted as a commercial
business or that is subject to municipal licensing requirements.
RESPONSIBLE AUTHORITY
Means the authority having responsibility under relevant legislation for issuing a
particular approval or for commenting on and approving studies submitted by an
applicant or owner.
RESTAURANT
Means a building or part of a building where meals or refreshments are provided to order,
and may include table service on an accessory patio, but does not include a drive through
restaurant.
RESTAURANT, DRIVE-THROUGH
Means a restaurant where meals or refreshments are serviced by means of an order or
window service directly to the occupant(s) within the motor vehicle.
RETAIL STORE
Means a premises in which goods, wares, merchandise, substances, articles, or things
are offered for direct sale to the general public and includes storage on the premises of
limited quantities of such goods, merchandise, substances, articles or things to only
service such store, but does not include outdoor storage or any other use otherwise
defined in this By-law.
RETAINING WALL
Means a wall built as a grade separation structure.
RETIREMENT HOME
Means a building or part thereof designated exclusively to accommodate seniors or other
special needs users with central kitchen and dining facilities, common indoor and outdoor
amenity areas, consisting of either dwelling units or assisted living units or both.
RIGHT-OF-WAY
Means an area of land that is legally described in a registered deed for the provision of
private access on which there is usually a lane. A right-of-way is not a street and does
not provide frontage.
RIVER, STREAM AND SMALL INLAND LAKE SYSTEM
Means all watercourses, rivers, streams, and small inland lakes or water bodies that have
a measurable or predictable response to a single runoff event.
ROOF
Means a component of a building or structure that is supported by walls and/or columns
and which provides overhead shelter from the rain and/or sun.
SALVAGE YARD
Means land or buildings used for an automobile wrecking yard, the keeping and/or storing
of used building products, waste paper, rags, bones, bottles, bicycles, automobile tires,
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Definitions
old metal, other scrap material, or salvage, and where such materials are bought, sold,
exchanged, baled, packed, disassembled, or handled for further use.
SAW AND/OR PLANING MILL
Means a premises where timber is cut, sawed, or planed either to partially finished or
finished lumber and may include facilities for the kiln drying of lumber and the sale of
such products to the public.
SCHOOL
Means a provincially approved institution for academic instruction and may include a
public, private, or separate school, a vocational school, or a post secondary school such
as a college or university. School portables are a primary use and are considered to be
a primary building, not an accessory building.
SECONDARY RESIDENTIAL USE
Means uses secondary to the principal use of the property, including but not limited to,
home occupations, home industries, and uses that produce value-added agricultural
products from the farm operation on the property.
SERVICE INDUSTRY
Means a building supply outlet, a truck depot, or repair facility, a printing or publishing
establishment, a dry cleaning facility or laundry plant, a paint shop, plumbing shop, sheet
metal shop, or a warehouse.
SERVICE SHOP
Means premises used for the servicing or repairing of articles, goods, or materials such
as radio and television receivers, apparel, vacuum cleaners, refrigerators, washing
machines, sewing machines, and other domestic appliances, musical instruments, sound
and public address systems, hosiery, shoes, cameras, toys, jewelry, watches, clocks,
safes and locks, bicycles, wheel chairs and orthopedic appliances.
SETBACK
Means, in the appropriate context of the requirements of this By-law:
a)
The horizontal distance from a lot line, measured at right angles to such lot
line, to the nearest part of any building or structure on the lot, as specified in
this By-law for a specific separation between a certain feature or facility and a
building, structure, use or lot line; or,
b)
The minimum horizontal distance between two features as specified in this By-
law.
SETTLEMENT AREA
Means lands have been identified in the Township's Official Plan as being within a
settlement area.
SHORT TERM ACCOMMODATION
Means a use that offers or operates a dwelling as a place of temporary residence, lodging
or occupancy on the basis of a concession, lease, license, permit, rental agreement or
similar commercial arrangement to facilitate occupancies for a period less than 30
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Definitions
consecutive days throughout all or any part of a calendar year, which may be subject to
municipal licensing requirements, but shall not include a bed and breakfast, hotel, inn or
motel.
SIDEWALK PATIO
Means an accessory use to a restaurant and an area used exclusively for dining and
drinking and abuts a street level establishment located within the sidewalk area of the
public right-of-way of a public, year round maintained road under the jurisdiction of the
Township.
SIGHT TRIANGLE
Means on a corner lot is a line joining a point on the lot line to a point on the front lot
line of open public streets, with each such point being 3 metres, for local streets and 6
meters for all other Township streets, from the hypothetical point of intersection of the
exterior side and the front lot line. Notwithstanding the definition of a sight triangle, if
the lot abuts a railway crossing at grade, the sight triangle is a line joining a point on the
lot line abutting the railway right-of-way to a point on the lot line abutting an open public
street, with each point being 30 metres from the hypothetical point of intersection of the
lot line abutting the railway right-of-way and the lot line abutting the public street.
SIGN
Means a name, identification, description, device display, or illustration which is affixed
to or represented directly or indirectly upon a building structure or lot, which directs
attention to an object, product, place, activity, person, institute, organization, or
business.
SIGNIFICANT NATURAL GAS PIPELINE
Means a main high pressure gas line and associated pressure and pumping stations by
does not include lines there from which are customarily or normally used to service
municipal streets and customers along those streets. Where necessary for clarification,
the utility authority shall be contacted by the municipality for the purposes of designating
a significant natural gas pipeline.
SITE ALTERATION
Means activities, such as grading, excavation and the placement of fill that would change
the landform and natural vegetative characteristics of a site.
SKI FACILITY
Means an area of land with trails and lifts used by skiers and which may include, as
accessory uses, a restaurant, a club house, a retail store that sells ski equipment and
accessories, and other buildings or structures devoted to the maintenance and operation
of Nordic and Alpine ski facilities.
SKI LIFT
Means a device used to transport skiers from the base of a hill to the top of the hill, such
as a T-bar, poma, or chair lift.
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SOLAR COLLECTOR
Means a structure for the collection of solar energy for experimental or ornamental
purposes or for the production of energy for heating or lighting or generation of
electricity.
SPILL
When used with reference to a pollutant, means a discharge:
a)
Into the natural environment;
b)
From or out of a structure, vehicle or other container; and,
c)
That is abnormal in quality or quantity in light of all the circumstances of the
discharge.
STAIRS
Means any combination of risers and treads that provide access to a deck, porch, dwelling
unit, or any other building or structure or combination thereof.
STACKING LANE
Means a portion of a parking area or a parking lot, other than a parking aisle or a parking
space that is physically separated from other traffic and pedestrian circulation on the site
which provides standing room for vehicles in a queue for the transaction window and/or
order board. The minimum width of a stacking lane shall be 2.5 metres, but shall be
increased to accommodate turning radii.
STACKING SPACE
Means an area within a stacking lane for vehicles waiting to order and/or finish a drive-
through transaction.
STORE
Means a building or structure used for the performance of retail services provided that
no repairing or manufacturing of articles, goods, or materials is permitted in such
building or structure.
STOREY
Means the portion of a building, other than the cellar, which lies between the surface of
the floor and the surface of the next floor above it, or if there is no floor above it, then
the space between such floor and the ceiling or roof next above it. A storey shall be no
less than 2.3 metres in height and no greater than 5 metres in height.
STOREY, ONE HALF
Means the portion of a building situated wholly or in part within the roof, and 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 percent of the area of the floor
next below.
STREET ACCESS
Means, when referring to a lot, that such a lot has a lot line or portion thereof which is
also a street line.
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STREET, PRIVATE
Means a private right-of-way that is used by motor vehicles but is not owned or assumed
by the Township or any other public authority. A private street does not provide lot
frontage.
STREET, PUBLIC
Means a right-of-way owned and maintained by a public authority and for the purposes
of this By-law does not include a lane or any private street. Only a public street provides
lot frontage.
STREET LINE
Means the boundary between a public street and a lot.
STRUCTURE
Means anything, other than a building, whether temporary or permanent, which is
erected, built, or constructed of parts joined together and located upon, attached to, or
fixed permanently to the ground or any other structure. For the purposes of this By-law,
a fence and an agricultural silo shall be considered structures.
SUITE
Means a single room or series of rooms of complementary use, operated under a single
tenancy, and includes dwelling units, individual guest rooms in motels, hotels, boarding
houses, rooming houses and dormitories as well as individual stores and individual or
complementary rooms for business and personal services occupancies.
SURPLUS DWELLING LOT
Means a lot containing an existing single detached dwelling that is rendered surplus as a
result of a farm consolidation.
SWIMMING POOL
Means an artificial body of water in which the container is constructed from man made
materials, and is located outdoors on privately owned property in which the depth of the
water at any point can exceed 0.8 metres or 2.6 feet and is primarily intended for
bathing, swimming, and diving, and shall include any accessory deck or support
structure, but does not include a natural, dug, constructed, or damned pond that is used
for aesthetic, storm water management, or agricultural purposes.
TARP SHELTER
Means an edifice that is constructed out of material, plastic or vinyl that is designed to
protect motor vehicles or other items from weather related events such as rain or snow.
A tarp shelter is considered an accessory building for the purposes of this By-law.
TEMPORARY BUILDING/STRUCTURE
Means a building or structure intended for removal or demolition within a prescribed time
as set out in a Building Permit application, and may include an existing building or
structure which is to be demolished within a prescribed time as set out in a building
permit or building demolition application and/or a legally binding agreement with the
Township.
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TENT AND TRAILER PARK
Means a parcel of land used and maintained as an overnight tenting or camping ground
where people are temporarily accommodated in tents, travel trailers, or other similar
facilities, whether or not a fee or charge is paid for the rental thereof, but does not
include a mobile home park.
THEATRE
Means a premises that is used for the showing of motion pictures or for dramatic, musical
or live performances. For the purposes of this definition, an adult entertainment
establishment is not considered to be a theatre.
TILLABLE HECTARES
Means the total area of land including pasture that can be worked or cultivated.
TIMESHARE ESTABLISHMENT
Means a commercial use that contains accommodation units that are either held in two
(2) or more ownerships, with the occupancy of each unit being shared by the owners, or
which are held in one ownership with each of the units available to be rented, leased or
used by different parties on a weekly or monthly basis.
TOWING COMPOUND
Means a building, structure or lot where vehicles used to transport motor vehicles to
another location are stored and where the recovered motor vehicles are stored in an
enclosed compound and shall also incorporate an associated office on the same lot, but
shall not include any form of motor vehicle repairs.
TOWNSHIP OF CLEARVIEW
Means the Corporation of the Township of Clearview, herein also referred to as Township
and Municipality.
TRAILER SITE
Means a site in a trailer park or camping establishment that is used for the parking or
storing of a trailer or truck camper.
TRAINING AND REHABILITATION CENTRE
Means facilities providing educational, pre-vocational, vocational, and life skill training to
individuals.
TRANSFER STORAGE LAGOON
Means an area of land and/or building/structure used to store seepage from septic tank
systems and/or processed wastes from water pollution control plants in lagoons.
TRANSMISSION / TELECOMMUNICATIONS ESTABLISHMENT
Means a facility used for the purpose of sending and/or receiving a telecommunications
signal.
TRANSPORTATION TERMINAL
Means premises in which goods or wares are stored for loading on, and unloading from,
trucks, airplanes or railway cars.
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TRUCK TERMINAL
Means a building and/or lot used for the parking or storage of trucks which are used for
the purposes of delivering or transporting goods and materials and may include facilities
for the repair and servicing of those trucks along with associated administrative offices
and warehouses for the temporary storage of materials transferred or transported by
vehicles using the terminal.
USE
Means the purpose for which any portion of a lot, building, or structure is arranged,
designed, or intended to be used, occupied, or maintained.
USE, CHANGE OF
Means the discontinuance for any period of time of the existing use of land, structure,
building, or premises and the substitution thereof of a different use and shall also mean
the addition of a use which is not an existing use of land, structure, building or premises.
VETERINARY CLINIC
Means a building or structure or part thereof that is used for the purpose of consultation,
diagnosis, and office treatment of animals and birds, and may include the boarding or
lodging of these animals in fully enclosed buildings. This may also include an animal
shelter which means A building or structure in which stray animals are contained and
cared for until they are claimed, sold, or destroyed.
WAREHOUSE
Means a premises and/or a building or part of a building, used for the storage and
distribution of goods, wares, merchandise, substances, articles, or things, and may
include accessory facilities for a wholesale or retail commercial outlet, but shall not
include a cartage or transport depot or any other use or activity otherwise defined or
classified in this By-law.
WASTE
Includes ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse
or other such materials.
WASTE DISPOSAL AREA
Means an area of land where garbage, refuse and/or domestic waste, exclusive of liquid
industrial waste or toxic waste, is stored, recycled, transferred, handled, disposed of, or
dumped.
WASTE RECYCLING FACILITY
Means an area of land where garbage, refuse and/or domestic waste, exclusive of liquid
industrial waste or toxic waste, is completely recycled with no waste by-products. This
includes a composting facility.
WATERBODY
Means a lake, pond, or area of standing water larger than 0.2 ha in surface area.
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WATERCOURSE
Means a natural or man-made channel for a stream of water and/or an intermittent
stream of water and, for the purposes of this By-law, includes all watercourses whether
or not they are shown on the Schedules to this By-law.
WATER SUPPLY, MUNICIPAL
Means a distribution system of underground piping and storage including pumping,
purification, and treatment appurtenances all owned and operated by the Township.
WATER SUPPLY, PRIVATE
Means a distribution system of underground piping and storage including pumping,
purification, and treatment appurtenances all owned and operated by a private individual
or a private company or interest, including a condominium corporation.
WATERSHED
Means an area that is drained by a river and its tributaries.
WAYSIDE PIT / QUARRY
Means a temporary pit or quarry opened and used by a public authority for road
construction purposes and which is not located within the right-of-way of a public street
and is approved under the Aggregate Resources Act.
WHOLESALE RETAIL OUTLET
Means an establishment for the purpose of selling or offering for sale, goods, wares, or
merchandise on a wholesale basis, and includes the storage or warehousing of those
goods, wares, or merchandise.
WILDLIFE MANAGEMENT AREA
Means land generally left in its natural state for the purpose of providing sanctuary,
habitat, and/or breeding grounds for wild birds, animals, and plant life native to the area,
and includes a forest reserve.
WOODCHIPPING ESTABLISHMENT
Means a premises in which timber from the same lot or from another location is fed into
a wood-chipping machine for the purpose of producing woodchips and which may
include, as an accessory use, the retail sale of the woodchips to the public.
WOODLANDS
Means areas where plants, animals and other organisms live, and find adequate amounts
of food, water, shelter, and space needed to sustain their populations. Specific wildlife
habitats of concern may include areas where species concentrate at a vulnerable point
in their annual or life cycle; and areas which are important to migratory or non-migratory
species.
WRECKING OR SCRAP YARD
Means a building, structure, and/or lands used for the wrecking, partial, or total
dismantlement of vehicles or other mechanical equipment, and/or for the storage and/or
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sale of scrap material, salvage, and parts, or for recycling of abandoned, obsolete or
scrapped vehicles, mechanical equipment, or any other human-made material.
YARD
Means an unoccupied or unobstructed area of the lot which is located between the closest
portion of said building or structure on the lot and one of the lot lines of said lot. The
yard must be unoccupied by any building or structure, or part thereof, and such yard
extends above and below the surface of the ground. The yard measurement shall be the
minimum horizontal distance from the respective lot lines or zone boundary to the
nearest part of any building/structure as required by the provision.
YARD, EXTERIOR SIDE
Means the yard of a corner lot which side yard extends from the front yard to the rear
yard between the exterior lot line and the nearest wall of any building or structure on
the lot.
YARD, FRONT
Means the yard extending across the full width of the lot between the front lot line and
the nearest wall of the main building or structure on the lot.
YARD, FRONT MAXIMUM
Means the maximum distance between the front lot line of a lot and a line drawn parallel
to the front lot line at a horizontal distance equal to the nearest portion of a primary
building on the lot.
YARD, INTERIOR SIDE
Means the yard between the interior side lot line and the nearest wall of the main building
or structure on the lot.
YARD, MINIMUM
Means the minimum required width of a yard. Where a portion of a lot is covered by
more than one yard, all of the required yards must be complied with. For example,
where an interior side yard and rear yard overlap, the minimum requirements for both
yards must be met.
YARD, REAR
Means the year extending across the full width of the lot between the rear lot line and
the nearest wall of the main building or structure on the lot.
ZONE
Means a designated area of land use shown on the Zoning Maps of this By-law to which
specific permitted uses, regulations, and provisions apply. A zone may also be referred
to as a land use zone or zone designation.